Compiler's Note The Journal of the Senate for the regular session of 2008 is bound in two separate volumes. Volume One contains January 14, 2008 through March 28, 2008. Volume Two contains March 31, 2008 through April 4, 2008 and the complete index. JOURNAL OF THE SENATE OF THE STATE OF GEORGIA REGULAR SESSION 2008 VOLUME ONE Commenced at Atlanta, Georgia, Monday, January 14, 2008 and adjourned April 4, 2008 Printed on Recycled Paper OFFICERS OF THE STATE SENATE 2008 CASEY CAGLE................................................................President (Lieutenant Governor) HALL COUNTY ERIC JOHNSON..............................................................................President Pro Tempore CHATHAM COUNTY ROBERT F. EWING........................................................................Secretary of the Senate DEKALB COUNTY LORENZO WALLACE............................................................................Sergeant at Arms FULTON COUNTY STAFF OF SECRETARY OF SENATE AGNES DOSTER.................................................................................................Bill Clerk GWINNETT COUNTY FREIDA ELLIS.....................................................................................................Bill Clerk FULTON COUNTY JEFFREY FOLEY.....................................................................................Deputy Secretary DEKALB COUNTY CHEREE HARPER............................................................................................Index Clerk FULTON COUNTY AMY KRIEG.................................................................................................Calendar Clerk FULTON COUNTY DEANNIE ROBINSON..................................................................................Journal Clerk DEKALB COUNTY MICHELLE SIMMONS...........................................................Enrolling/Engrossing Clerk COBB COUNTY MEGAN TACKETT..................................................................................Composite Clerk NEWTON COUNTY MEMBERS OF THE SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 2007-2008 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 Joseph Carter (R)........................................13............................................................Tifton Ronnie Chance (R).....................................16...........................................................Tyrone Jeff Chapman (R)........................................03.....................................................Brunswick Bill Cowsert (R)..........................................46...........................................................Athens Gail Davenport (D).....................................44......................................................Jonesboro 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 Lee Hawkins (R).........................................49....................................................Gainesville 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 Bill Jackson (R)..........................................24..........................................................Appling Eric Johnson (R).........................................01.......................................................Savannah Emanuel Jones (D)......................................10.....................................................Ellenwood Michael S. Meyer von Bremen (D)............12..........................................................Albany Dan Moody (R)...........................................56.....................................................Alpharetta Jeff Mullis (R)............................................53................................................Chickamauga Jack Murphy (R).........................................27......................................................Cumming Nan Orrock (D)...........................................36..........................................................Atlanta Chip Pearson (R)........................................51..................................................Dawsonville J.B. Powell (D)...........................................23............................................................Blythe Ronald Ramsey, Sr. (D)..............................43........................................................Lithonia 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 Cecil Staton (R)..........................................18...........................................................Macon 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 John Wiles (R)............................................37.....................................................Kennesaw Tommie Williams (R).................................19............................................................Lyons MONDAY, JANUARY 14, 2008 1 The Senate Chamber, Atlanta, Georgia Monday, January 14, 2008 First Legislative Day Senators of the General Assembly of Georgia for the years 2007-2008 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 Casey Cagle, President of the Senate. The following communications from His Excellency, Governor Sonny Perdue, were received by the Secretary: Sonny Perdue Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 April 26, 2007 Due to the qualification of the Senator from the 24th to run for the House of Representatives District 10 Congressional seat, a vacancy now exists in the Georgia State Senate. Therefore, pursuant to Article II, Section II, Paragraph V 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 Tuesday, June 19, 2007, to fill the vacancy in District 24 of the Georgia Senate. This 26th day of April, 2007. /s/ Sonny Perdue Governor Sonny Perdue Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 May 11, 2007 The Honorable Glenn Richardson Speaker of the Georgia House of Representatives 332 State Capitol Atlanta, Georgia 30334 The Honorable Casey Cagle Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334 2 JOURNAL OF THE SENATE Dear Gentlemen: Please be advised that I have line item vetoed the following Section in House Bill 94: Section 40.3 pertaining to Homeowner Tax Relief Grants (HTRG), page 93, Lines 2854 through 2856 and 2859 through 2860: This language increases the amount of the homeowners' tax relief grant to counties (HTRG) from $432,290,501 as appropriated in the HB 1027 approved May 8, 2006, to $567,703,126. Due to reduced revenue collections for the later half of FY 2007, less surplus funds will go into the state revenue shortfall reserve than had previously been anticipated. Vetoing this increase in the HTRG will have the effect of preserving additional funds for the state revenue shortfall reserve. Additionally, amending the appropriation for HTRG via the mid-year budget presents significant constitutional and administrative hurdles, hampering the ability to effectively and efficiently deliver this form of tax relief to the intended beneficiaries. Without this increase, the original HTRG appropriation for FY 2007, properly appropriated, still returns $432,290,501 to the homeowners of Georgia this year. Therefore, due in part to reduced state revenue collections and the need to build the state's revenue shortfall reserve, this language (lines 2854 through 2856 and 2859 through 2860) in Section 40 is vetoed. Sincerely, /s/ Sonny Perdue Sonny Perdue Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 May 31, 2007 The Honorable Casey Cagle President of the Senate 240 State Capitol Atlanta, Georgia 30334 The Honorable Eric Johnson President Pro Tempore 321 State Capitol Atlanta, Georgia 30334 MONDAY, JANUARY 14, 2008 3 Dear Lieutenant Governor Cagle and Senator Johnson: I have vetoed Senate Bills 14, 15, 100, 135, 193, 224, 225, 251, 310 and 311, and SR 363, which passed the General Assembly in the 2007 Regular Session. Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit these bills to you together with the reasons for such vetoes. These bills and corresponding reasons for the vetoes are attached. Sincerely, /s/ Sonny Perdue Governor Sonny Perdue Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 May 31, 2007 The Honorable Glenn Richardson Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334 Dear Speaker Richardson: I have vetoed House Bills 148, 162, 413, 451, 48, 69, 76, 91, 105, 117, 202, 218, 229, 242, 327, 363, 374, 386, 430, 441, 467, 501, 502, 509, 529, 549, 559, 727, 807, and 847, which passed the General Assembly in the 2007 Regular Session. Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit these bills to you together with the reasons for such vetoes. These bills and corresponding reasons for the vetoes are attached. Sincerely, /s/ Sonny Perdue Governor Several bills that combine unrelated tax incentives to different organizations and sectors of the state's business sector passed the legislature this session. Tax bills deal with 4 JOURNAL OF THE SENATE unique issues and should be considered individually. Disparate provisions should not be logrolled together to combine an otherwise acceptable provision with an untenable one, as such practice often results in the total bill being unacceptable. I support many of the provisions contained in the bills listed below, but other provisions within the same legislation prevent me from signing them into law. The General Assembly has long held a policy of strictly adhering to the single subject rule when proposing tax incentive bills: I fully support that practice. For these reasons, I VETO the following bills: Veto Number 1 HB 148 Sales and use tax exemptions relating to aquariums and energy use by manufacturers and processors; Veto Number 2 HB 162 Sales and use tax exemptions relating to arts centers and health clinics; Veto Number 3 HB 413 Sales and use tax exemptions relating to arts centers and nature centers; Veto Number 4 HB 451 Tax credits related to development of tourism attractions and the development of film, video, or digital productions. Veto Number 5 HB 48 HB 48 broadens the classification of persons that would be eligible for an indemnification award from state government. It also greatly expands the type of activity that qualifies for indemnification awards to include non-hazardous activity. For these reasons, and the unknown fiscal consequences associated with this legislation, I VETO HB 48. Veto Number 6 HB 69 HB 69 would limit the Department of Driver Services from charging a fee to access driving records online. Costs are associated with maintaining driving records and public access to those records. This legislation would require the State to make up lost funds with general revenue provided by taxpayers. Because those who choose to use the public resources ought to bear the cost of that use, I VETO HB 69. Veto Number 7 HB 76 HB 76 prohibits the use of Georgia Emergency Management Agency (GEMA) and the Georgia Information Sharing and Analysis Center (GISAC) agency nomenclature and symbols without the consent of the GEMA director. The Homeland Security Director and not the GEMA director possesses jurisdiction over GISAC. Due to this error, I VETO HB 76. MONDAY, JANUARY 14, 2008 5 Veto Number 8 HB 91 HB 91 requires State agencies to annually provide certain detailed financial information to the Department of Audits and Accounts for subsequent reporting to the General Assembly by September 30. Essentially all of the non-confidential information requested in the bill is currently available to members of the General Assembly on-line through their budget offices or published State reports such as the travel, salary, per diem and fee, and non-profit contractor reports, which are annually published through the Department of Audits and Accounts. Other information is available through the federal Single Audit Report, Comprehensive Annual Financial Report (CAFR) and the Budgetary Compliance Report published by the State Accounting Office. In addition, both legislative budget offices can run reports and queries from the PeopleSoft accounting system and have access to on-line inquiries. They each have access to the State's asset management, accounts payable, accounts receivable, general ledger, labor distribution, and budget module financial systems. In addition, public disclosure of other information, like a listing of unduplicated recipients of health care services or benefits, could violate the federal Health Insurance Portability and Accountability Act. Because the bill is overly broad, and because members of the legislature already have access to the non-confidential information sought, I VETO HB 91. Veto Number 9 HB 105 HB 105 allows the Commissioner of Agriculture to unilaterally establish licensing fees for several professions and businesses. No legislative guidance or limits are provided. Given these concerns, I VETO HB 105. Veto Number 10 HB 117 HB 117 would subject dealerships of motorcycles, all-terrain vehicles and utility vehicles to franchise regulation: dealers that are not franchisees would be prohibited from selling such vehicles in Georgia. One provision would limit franchise opportunities to established places of business. This result provides a new barrier to entry into the marketplace that I cannot support. Regrettably, another provision cleaning up language from the recreational vehicle franchise law introduced as HB 297, was tacked on to this bill. While I support the intent behind HB 297, I VETO HB 117. Veto Number 11 HB 202 HB 202 provides additional requirements related to public works and other contracts with the state. The bill would inadvertently require all public works contracts to be reviewed by the Department of Transportation to determine both the length and the cause of any delay, even if the DOT was not the contracting state entity. This is beyond the scope of the DOT's mission. I therefore VETO HB 202. 6 JOURNAL OF THE SENATE Veto Number 12 HB 218 HB 218 would restrict the flexibility that the Georgia Ports Authority currently has in hiring certain personnel. Such limitations on the Authority are not needed at this time, for the Authority already generally employs personnel with the qualifications required by the bill. For these reasons, I VETO HB 218. Veto Number 13 HB 229 HB 229 relaxes the triggers that safeguard HOPE dollars for future generations. It also allows lottery winners to assign their winnings to third parties. By passing this legislation, the General Assembly chose to weaken HOPE's safeguards without addressing the possible, future financial shortfalls in the HOPE program. This concern is compounded by the General Assembly's decision not to preserve HOPE dollars for strictly educational purposes. Consequently, I VETO HB 229. Veto Number 14 HB 242 HB 242 provides tax exemptions for high-deductible health insurance plans. The exemptions would apply to individuals' personal income taxes and the State's premium tax paid by insurers. I support legislation that provides incentives for individuals to use high-deductible health insurance plans, but by adding the premium tax exemption, the General Assembly dramatically increased the cost of the proposal: $61 million over six years. To be sure, a more expansive review of the premium tax may be warranted, and comprehensive health care transformation is needed. This costly proposal, however, may be best reviewed as part of and not independent from such reform. For these reasons, I VETO HB 242. Veto Number 15 HB 327 HB 327 would allow local housing authorities to apply to the Department of Revenue to receive reimbursement on debts incurred through an individual debtor's income tax return. Compounded with the numerous logistical challenges of implementing this program, I believe that it is a local entity's not the Department of Revenue's responsibility to collect the debt it incurs. I therefore VETO HB 327. Veto Number 16 HB 363 HB 363 affects the Georgia Military College and the HOPE Grant program. For the purposes of receiving State financial aid, the Georgia Military College is considered a private institution. The institution currently receives the Tuition Equalization Grant and the private HOPE Scholarship award. The HOPE Grant is limited to public institutions under the University System of Georgia and the Department of MONDAY, JANUARY 14, 2008 7 Technical and Adult Education. Therefore, Georgia Military College receiving state financial aid as a public and private institution is not warranted. Because this bill would effectively abolish this well-founded condition on the receipt of HOPE grant funds, I VETO HB 363. Veto Number 17 HB 374 HB 374 would revise certain sections of the hotel motel tax Article in the Official Code of Georgia. I do not believe that these revisions achieve the intended goal of the bill to more standardize this Article, as certain definitions added in the Article remain defined elsewhere in the Article. The result would likely cause confusion in interpreting the Article. I therefore VETO HB 374. Veto Number 18 HB 386 HB 386 clarifies provisions for superior court clerks regarding fees and cross-indexing. It also extends the sunset date for superior court clerks real estate and personal property filing fees from July 1, 2012 to July 1, 2014. I believe that sunset provisions should carry meaning. Extending a program that is not set to expire for another five years even further into the future undermines the concept of a legislative sunset. I therefore VETO HB 386. Veto Number 19 HB 430 HB 430 greatly expands the power of railroad companies in Georgia by making their properties immune from adverse possession. Currently, only the State and the disabled are protected in such a manner. Moreover, a provision of this bill would negatively affect persons who have already obtained by virtue of current law, but not officially recorded, rights in property. For these reasons, I VETO HB 430. Veto Number 20 HB 441 HB 441 would eliminate the interest expense offset against certain tax- exempt interest income that a taxpayer may have. The effect of this bill would be to eliminate 2005 legislative changes meant to clarify the process and bring the state into conformity with the vast majority of other states and the federal approach to expense offsets for certain tax-exempt obligations. I have asked the Department of Revenue to look into the concerns to be addressed in HB 441, and the Department has assured me that it is committed to clarifying the current formula through rule and regulation such that taxpayers will receive the most positive treatment possible under the original intent of the 2005 legislation. The Department plans to complete this regulation promulgation process by September 30, 2007. For the foregoing reasons and the planned efforts by the Department, I VETO HB 441. 8 JOURNAL OF THE SENATE Veto Number 21 HB 467 HB 467 mandates that university system institutions give a certain number of credit hours for those students that successfully complete the challenging International Baccalaureate (IB) program. I am firmly committed to increasing the rigor of the academic study for Georgia's students; however, usurping the University System of Georgia's constitutional authority by mandating the amount of credit to be awarded by a university system institution is unwarranted. Instead, I am requesting that the University System of Georgia to determine the proper amount of credit hours to be given by system institutions that will appropriately encourage enrollment in and recognize the rigor of the IB program. For these reasons, I therefore VETO HB 467. Veto Number 22 HB 501 HB 501 is local legislation applicable to the City of Hiawassee in Towns County. The sponsor of the bill and the local officials have requested that it be vetoed. I therefore VETO HB 501. Veto Number 23 HB 502 HB 502 is local legislation applicable to the Towns County School District. The sponsor of the bill and the local officials have requested that it be vetoed. I therefore VETO HB 502. Veto Number 24 HB 509 HB 509 is local legislation applicable to the City of Young Harris in Towns County. The sponsor of the bill and the local officials have requested that it be vetoed. I therefore VETO HB 509. Veto Number 25 HB 529 HB 529 changes certain functions relating to the State's budget and reporting processes. The bill however does not change various budgeting terms such as "object classes" and "budget units," which have not been used in years and were positive changes previously included in SB 254. Neither term is germane to program budgeting, therefore, I VETO HB 529. Veto Number 26 HB 549 HB 549 seeks to amend prior authorization requirements for recipients of Medicaid funded services. The proposed changes inadvertently conflict with federal mandates on Medicaid services. Specifically, HB 549 would restrict the State's ability to MONDAY, JANUARY 14, 2008 9 conduct appropriate prior authorization review as required by federal regulations (CFR 433.15(b)(7)). Federal regulators have also indicated an objection to the establishment of different standards for recipients based on a general categorization of their condition rather than based on an individual's specific medical needs and likely rehabilitation and recovery (CFR 440.240). For these reasons, federal approval of the changes mandated by HB 549 is not expected. The timeliness of these services, particularly to this constituency is important. I am, therefore, directing the Department of Community Health to continue its efforts to provide for a more streamlined preauthorization process so as not to unduly burden the practitioners and patients this bill seeks to assist. I therefore VETO HB 549. Veto Number 27 HB 559 HB 559 provides that teachers and employees of charter schools are to be considered employees for purposes of participating in the State Health Benefit Plan. Presently, teachers and employees of charter schools may participate in the State Health Benefit Plan pursuant to Department of Community Health Rule 111-4-1-.01(17). This bill, however, fails to require that charter schools make an election at the time of the charter's inception. To allow a charter school to elect to participate in the State Health Benefit Plan at any time could allow adverse selection and be detrimental to the continued viability and financial stability of the State Health Benefit Plan. Therefore, I VETO HB 559. Veto Number 28 HB 727 HB 727 is local legislation applicable to Towns County. The sponsor of the bill and the Towns County Commissioner have requested that it be vetoed. I therefore VETO HB 727. Veto Number 29 HB 807 HB 807 is local legislation applicable to the City of Auburn in Barrow County. This legislation removes from the municipal limits of the City of Auburn several parcels of property that the city had previously annexed. The deannexation contemplated by this legislation would create unincorporated islands within the City of Auburn. This result is contrary to the letter and policy of state law regarding annexation and unincorporated islands, see O.C.G.A. 36-36-4 and 36-36-92. For these reasons, I VETO HB 807. Veto Number 30 HB 847 HB 847 is local legislation applicable to Oconee County. The sponsor of the bill and the local officials have requested that it be vetoed. I therefore VETO HB 847. 10 JOURNAL OF THE SENATE Veto Number 31 SB 14 SB 14 extends the sunset date for superior court clerks real estate and personal property filing fees from July 1, 2012 to July 1, 2014. I believe that sunset provisions should carry meaning. Extending a program that is not set to expire for another five years even further into the future undermines the concept of a legislative sunset. I therefore VETO SB 14. Veto Number 32 SB 15 SB 15 seeks to increase the penalties for driving without a valid license. In addition to other punishments, it provides that a first offense would result in a misdemeanor to be punished by imprisonment of at least two days and not more than twelve days. It also authorizes a $500 to $1,000 fine for first offenses. This broad provision would catch not only those who willfully drive without any valid license, but also persons who move into the State with a valid out-of-state driver's license that have not obtained a Georgia driver's license within 30 days of establishing residency. Though judges may suspend the period of imprisonment if the new resident had a valid driver's license from another state and had good cause for not yet obtaining a Georgia one, SB 15 does not prevent that new resident from being booked and fingerprinted. I fear an unintended consequence of this legislation, as drafted, would subject persons with valid out-of-state driver's licenses to stout criminal penalties even absent the commission of a willful act. Thus, although I support the intent of tracking persons that possess no valid driver's license, the potential harms of this legislation cause me to VETO SB 15. Veto Number 33 SB 100 SB 100 increases all identity document fraud crimes to a felony for those over 21 years of age and decreases from a felony to a misdemeanor certain identity document fraud crimes by persons younger than 21 years of age. I agree with the legislative intent of preventing document fraud, but the reduction from a felony to a misdemeanor for those under age 21 who are trafficking false documents is too broad. For this reason, I VETO SB 100. Veto Number 34 SB 135 SB 135 would increase the minimum financial penalties for the unlawful reproduction, transfer, sale, distribution and circulation of recorded material. It would also allow a trade association representing victims of such unlawful acts to receive restitution and investigation costs associated with bringing an enforcement action in court. Permitting trade associations to recover funds that are owed to a victim statutorily expands the types of recovery both in terms of amount and scope of recipients allowed in criminal prosecutions. This sets a dangerous statutory precedent, and I am MONDAY, JANUARY 14, 2008 11 concerned about the potential proliferation of trade association-solicited lawsuits of any kind. Consequently, I VETO SB 135. Veto Number 35 SB 193 SB 193 mandates that counties providing health insurance benefits to employees also provide benefits to certain county officers. A decision regarding health insurance benefits in these counties is a local matter; it should be determined at the local level and not by an unfunded mandate from the General Assembly. I therefore VETO SB 193. Veto Number 36 SB 224 SB 224 would, among other things, extend the exemption from entry into the Georgia Electronic Insurance Compliance System (GEICS) to include all commercial auto insurance policies. This would, in effect, reduce the number of vehicles that are included into the GEICS system by an unknown quantity and would limit the state's ability to ensure that drivers are insured. Because of these unintended consequences, I therefore VETO SB 224. Veto Number 37 SB 225 SB 225 limits require local government officials and members of school boards to attend training on Tax Allocation Districts (TADs). Other sections of the legislation limit the discretion of school boards to evaluate property subject to TAD and prohibit boards from considering potential appreciation of property values within the TAD absent the proposed redevelopment. The training requirements have significant merit; I support them wholeheartedly. The other provisions appear to have been motivated by a unique, local issue. The legislation would inappropriately, however, apply statewide. In addition to this concern, the latter provisions appear to impede the collaborative consideration of TADs by cities, counties and school boards. I therefore VETO SB 225. Veto Number 38 SB 251 SB 251 requires that the Department of Revenue establish and maintain a website that will include the license plate numbers and vehicle identification numbers of vehicles that have been reported as stolen and vehicles that have been towed without the knowledge or consent of the owner. This bill also sets up penalties for tow companies and others that must submit information for the website. As drafted, SB 251 would require the Department of Revenue through general revenue funds paid by all taxpayers to support the creation and maintenance of such a website and the resulting enforcement. As the requirements in this bill would not be funded through the beneficiaries of the service created, I VETO SB 251. 12 JOURNAL OF THE SENATE Veto Number 39 SB 310 SB 310 is legislation applicable only to Jefferson County. The County Commission was not consulted before this legislation was introduced, but the County Commission must provide for the unfunded mandate contained in SB 310 through taxpayer funded general revenue. I do not support unfunded mandates generally, especially when local governing authorities did not have the benefit of consultation prior to the Legislative Session. For these reasons, I VETO SB 310. Veto Number 40 SB 311 SB 311 is legislation applicable only to Burke County. The County Commission was not consulted before this legislation was introduced, but the County Commission must provide for the unfunded mandate contained in SB 311 through taxpayer funded general revenue. I do not support unfunded mandates generally, especially when local governing authorities did not have the benefit of consultation prior to the Legislative Session. For these reasons, I VETO SB 311. Veto Number 41 SR 363 SR 363 establishes a commission to study and offer recommendations on the delivery of mental health services. The Commission includes members from the legislative and judicial branches and citizen members. Because any changes would be implemented by the executive branch, appropriate representation from the executive branch should be included for an effective study. For this reason, I will sign an executive order calling for a commission, including those persons described in SR 363 and representatives of the executive branch, to review the matters addressed in SR 363. Because my executive order will provide a more inclusive process, I VETO SR 363. Sonny Perdue Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 June 7, 2007 The Honorable Casey Cagle Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334 The Honorable Glenn Richardson Speaker of the Georgia House of Representatives 332 State Capitol Atlanta, Georgia 30334 Dear Gentlemen: MONDAY, JANUARY 14, 2008 13 Please be advised that I have exercised my authority pursuant to Georgia Constitution Article 3, Section 5, Paragraph 14 to veto the following sections in House Bill 95: Section 16, pertaining to the Department of Community Affairs, page 43, items 60.2 and 60.3; Section 21, pertaining to the Department of Early Care and Learning, page 90, line 106.7 and part of line 106; Section 22, pertaining to the Department of Economic Development, page 95, lines 116, 116.1, 116.2, and 116.99; Section 34, pertaining to the Department of Natural Resources, page 192, lines 274 and 274.2; Section 46, pertaining to the Department of Transportation, page 251, line 381.10 and part of line 381; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 262, line 397.108; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 263, line 397.206; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 263, line 397.207; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 263, line 397.208; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 263, line 397.209; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 264, line 397.205; Section 49, pertaining to the General Obligation Debt Sinking Fund, page 267, line 397.515; Section 49, pertaining to the General Obligation Debt Sinking Fund, page 267, line 397.516; Section 49, pertaining to the General Obligation Debt Sinking Fund, page 267, line 397.518; Section 49, pertaining to the General Obligation Debt Sinking Fund, page 267, line 397.520; Section 49, pertaining to the General Obligation Debt Sinking Fund, page 269, line 397.563; Section 49, pertaining to the General Obligation Debt Sinking Fund, page 269, line 397.564; Section 49, pertaining to the General Obligation Debt Sinking Fund, page 270, line 397.567; Section 49, pertaining to the General Obligation Debt Sinking Fund, page 270, line 397.568; Section 49, pertaining to the General Obligation Debt Sinking Fund, page 270, line 397.569; Section 49, pertaining to the General Obligation Debt Sinking Fund, page 270, line 14 JOURNAL OF THE SENATE 397.571; Section 49, pertaining to the General Obligation Debt Sinking Fund, pages 270 and 271, line 397.573; Section 49, pertaining to the General Obligation Debt Sinking Fund, page 271, line 397.575; Section 49, pertaining to the General Obligation Debt Sinking Fund, page 271, line 397.576; Section 49, pertaining to the General Obligation Debt Sinking Fund, page 271, line 397.583; Section 49, pertaining to the General Obligation Debt Sinking Fund, page 271, line 397.584; Section 49, pertaining to the General Obligation Debt Sinking Fund, pages 271 and 272, line 397.585; Section 49, pertaining to the General Obligation Debt Sinking Fund, page 272, line 397.586; Section 49, pertaining to the General Obligation Debt Sinking Fund, page 272, line 397.587; Section 49, pertaining to the General Obligation Debt Sinking Fund, page 273, line 397.705; and Section 50, pertaining to Federal Funds, page 274. Please be further advised that I have exercised my authority as Governor by instructing agencies to disregard the language within the following sections in House Bill 95, as such language does not constitute an appropriation or any part thereof: Section 16, pertaining to the Department of Community Affairs, page 40, line 55.7; Section 16, pertaining to the Department of Community Affairs, page 61, line 66.6; Section 17, pertaining to the Department of Community Affairs, page 65, line 71.5; Section 18, pertaining to the Department of Corrections, page 75, line 86.2; Section 18, pertaining to the Department of Corrections, page 80, line 91.7; Section 18, pertaining to the Department of Corrections, page 83, line 96.16; Section 21, pertaining to the Department of Early Care and Learning, page 90, lines 106.5 and 106.6; Section 22, pertaining to the Department of Economic Development, page 91, line 108.5; Section 22, pertaining to the Department of Economic Development, page 94, item 114.12; Section 23, pertaining to the Department of Education, page 100, lines 125.2, 125.3 and 125.4; Section 23, pertaining to the Department of Education, page 102, line 129.1; Section 23, pertaining to the Department of Education, page 111, line 154.4; Section 27, pertaining to the Department of Human Resources, multiple items; Section 27, pertaining to the Department of Human Resources, pages 128 and 134, items 180.7, 180.8, and 187.6; MONDAY, JANUARY 14, 2008 15 Section 27, pertaining to the Department of Human Resources, page 155, item 218.7; Section 27, pertaining to the Department of Labor, page 180, item 256.8; Section 31, pertaining to the Department of Labor, page 180, item 256.9; Section 34, pertaining to the Department of Natural Resources, page 191, item 273.13; Section 34, pertaining to the Department of Natural Resources, Georgia Agricultural Exposition Authority, page 192, item 275.5; Section 37, pertaining to the Department of Public Safety, page 200, item 290.9; Section 37, pertaining to the Department of Public Safety, page 200, item 290.10; Section 39, pertaining to the Board of Regents, University System of Georgia, page 210, item 304.4; Section 39, pertaining to the Board of Regents, University System of Georgia, page 214, item 313.3; Section 39, pertaining to the Board of Regents, University System of Georgia, page 214, item 313.8; Section 39, pertaining to the Board of Regents, University System of Georgia, page 215, item 314.6; Section 39, pertaining to the Board of Regents, University System of Georgia, page 216, item 315.7; Section 39, pertaining to the Board of Regents, University System of Georgia, page 216, item 315.8; Section 39, pertaining to the Board of Regents, University System of Georgia, page 216, item 315.9; Section 39, pertaining to the Board of Regents, University System of Georgia, page 218, item 320.12; Section 39, pertaining to the Board of Regents, University System of Georgia, page 219, item 320.13; Section 39, pertaining to the Board of Regents, University System of Georgia, page 219, item 320.15; Section 39, pertaining to the Board of Regents, University System of Georgia, page 219, item 320.16; Section 39, pertaining to the Board of Regents, University System of Georgia, page 219, item 320.18; Section 41, pertaining to the Secretary of State, page 230, item 339.8; Section 45, pertaining to the Department of Technical and Adult Education, page 246, item 376.6; Section 45, pertaining to the Department of Technical and Adult Education, page 247, item 376.14; Section 45, pertaining to the Department of Technical and Adult Education, page 247, item 376.16; Section 46, pertaining to the Department of Transportation, page 255, item 388.2. The following items pertain to salary adjustments: 16 JOURNAL OF THE SENATE Section 18, pertaining to the Department of Corrections, items 85.2, 87.2, 88.2, 89.2, 90.2, 91.2, 92.2, 94.2, 95.2, 96.2, and 97.2; Section 27, pertaining to the Department of Human Resources, items 177.8, 180.12, 181.5, 182.8, 183.6, 184.2, 187.12, 189.7, 194.18, 195.5, 200.7, 208.8, 209.6, 210.7, 211.5, 213.6, and 220.4; Section 29, pertaining to the Georgia Bureau of Investigation, items 231.2, 232.2, 233.2, 234.2, 235.2, 236.2, 238.2, and 239.2; Section 30, pertaining to the Department of Juvenile Justice, items 241.2, 242.2, 243.2, 244.2, and 245.2; Section 34, pertaining to the Department of Natural Resources, items 270.2 and 273.2; Section 35, pertaining to the State Board of Pardons and Paroles, items 279.2, 280.2, 281.2, and 282.2; and Section 37, pertaining to the Department of Public Safety, items 286.2, 288.2, 289.2, 290.2, 290.11, 291.2, 292.2, 293.2, and 296.2. Section 53, pertaining to Salary Adjustments, paragraph 10. The Veto Messages are attached for each item referenced above. Sincerely, /s/ Sonny Perdue Section 16, pertaining to the Department of Community Affairs, page 43, items 60.2 and 60.3: The General Assembly appropriates funds for specific projects through the Department of Community Affairs' Local Assistance Grants. Such grants are intended to be small but meaningful grants to local communities for certain projects. Such grants are not the appropriate method to include large grants to local communities. As the identified grants are significantly larger than the numerous other small but meaningful grants, I veto these items. Section 21, pertaining to the Department of Early Care and Learning, page 90, line 106.7 and part of line 106: The General Assembly appropriated $900,000 in state general funds to the PreKindergarten program in order to provide funds to the Ferst Foundation for distribution of one book per month to children ages 0 to 5 years in participating counties. While reading to children is important, due to the failure to provide sufficient funding available to implement the program on a statewide basis and no consideration of need, I veto the state general funds of $900,000 in the Pre-Kindergarten program. MONDAY, JANUARY 14, 2008 17 Section 22, pertaining to the Department of Economic Development, page 95, lines 116, 116.1, 116.2, and 116.99: The General Assembly appropriated $633,685 state general funds for the purpose of providing operating funds for the Golf Hall of Fame. The Conference Committee agreed to provide $500,000 for operations and $75,000 for a feasibility study for a private/public partnership. These funds are in addition to $58,685 currently provided for operating support. The amount appropriated represents an increase of over 980% and seems excessive given other needs in the state budget. Therefore, I veto this program and the associated appropriation. Section 34, pertaining to the Department of Natural Resources, page 192, lines 274 and 274.2: The General Assembly appropriated $250,000 in state general funds for the Georgia State Games Commission. State funding for this program is not justified, as the intention of this funding is not consistent with the mission of the program. Therefore, I veto this appropriation. Section 46, pertaining to the Department of Transportation, page 251, line 381.10 and part of line 381: The General Assembly appropriated $5,000,000 in state general funds for Local Road Assistance, specifically for the LARP program. Under my administration, LARP has been funded at record levels. In Fiscal Year 2006 funding for LARP increased by 58% over funding in Fiscal Year 2005. Even without the $5,000,000 in state general funds, LARP will be funded at the second highest annual appropriation since 1990 ($60,000,000 in motor fuel funds). The utilization of state general funds for LARP contradicts current policy. Therefore, I veto the appropriation of state general funds of $5,000,000. Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 262, line 397.108: This language authorizes the appropriation of $387,600 in debt service to finance projects and facilities for the Department of Public Safety specifically for the repair of the burn building and to build a new apparatus for students at the Georgia Fire Academy through the issuance of $1,700,000 in 5-year bonds. In consideration of other priority items as expressed by the General Assembly and limitations on additional debt contained in the state's debt management plan, this project is not warranted. Therefore, I veto this language (page 262, line 397.108) in the provisions relative to Section 49 General Obligation Debt Sinking Fund and the state general funds of $387,600. 18 JOURNAL OF THE SENATE Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 263, line 397.206: This language authorizes the appropriation of $427,150 in debt service to finance projects and facilities for the Georgia State Financing and Investment Commission specifically for the purchase of land to develop a research park in Oconee County through the issuance of $5,000,000 in 20-year bonds. Financing for this project should not be considered until a decision has been made regarding the viability of a research park and suitability of this location for economic development. Due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 263, line 397.206) in the provisions relative to Section 49 General Obligation Debt Sinking Fund and the state general funds of $427,150. Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 263, line 397.207: This language authorizes the appropriation of $599,291 in debt service to finance projects and facilities for the Department of Transportation, specifically for rail lines for Lyerly to Rossville, Midville to Vidalia, and Waycross through the issuance of $7,015,000 in 20year bonds. Financing for these rail projects should not be considered until processes for project selection have been reviewed and adequate justification is made for continued state investment. Due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 263, line 397.207) in the provisions relative to Section 49 General Obligation Debt Sinking Fund and the state general funds of $599,291. Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 263, line 397.208: This language authorizes the appropriation of $3,417,200 in motor fuel funds for debt service to finance projects and facilities for the Department of Transportation, specifically for the Buckhead, Midtown, and Atlanta Downtown Community Improvement Districts Peachtree Corridor through the issuance of $40,000,000 in 20-year bonds. In order to issue bonds on a project, the state must have the property rights to the road. The projects identified are not on state routes and therefore cannot be funded using this method. In addition, motor fuel funds may only be used on road and bridge projects. In order to insure that congestion relief is paramount, the recommendations of the Governor's Congestion Mitigation Task Force must be taken into account as projects are prioritized. Currently, the projects identified are not part of the State Transportation Improvement Program, and funding such projects contradicts current policy by earmarking projects that are not part of the state plan. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated MONDAY, JANUARY 14, 2008 19 above, I veto this language (page 263, line 397.208) in the provisions relative to Section 49 General Obligation Debt Sinking Fund and the state motor fuel funds of $3,417,200. Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 263, line 397.209: This language authorizes the appropriation of $170,860 in debt service to finance projects and facilities for the Department of Transportation, specifically for the construction of a welcome center for Tallulah Falls on the Rabun County side through the issuance of $2,000,000 in 20-year bonds. In consideration of other priority items as expressed by the General Assembly and limitations on additional debt contained in the state's debt management plan, I veto this language (page 263, line 397.209) in the provisions relative to Section 49 General Obligation Debt Sinking Fund and the state general funds of $170,860. Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 264, line 397.305: This language authorizes the appropriation of $683,440 in debt service to finance educational facilities for county and independent school systems through the State Board of Education specifically for the design and construction of a charter school to be operated by the Cobb County School System. Historically, funding for a start-up charter school is not included in general obligation debt, and its inclusion here sets a costly precedent. Funding is available for operating and facility grants on a competitive basis for start-up charter schools through the Department of Education. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 264, line 397.305) in the provisions relative to Section 49 General Obligation Debt Sinking Fund and the state general funds of $683,440. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 267, line 397.515: This language authorizes the appropriation of $427,150 to finance projects and facilities of the Board of Regents of the University System of Georgia, specifically, to renovate the Hinman Research Building and portions of its east and west Architecture Buildings at the Georgia Institute of Technology, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 capital budget priority list of the Board of Regents of the University System of Georgia. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 267, line 397.515) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $427,150. 20 JOURNAL OF THE SENATE Section 49, pertaining to the General Obligation Debt Sinking Fund, page 267, line 397.516: This language authorizes the appropriation of $162,317 to finance projects and facilities of the Board of Regents of the University System of Georgia, specifically, to fund infrastructure improvements on a local land gift, State University of West Georgia, through the issuance of not more than $1,900,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 top ten of minor projects on the capital budget priority list of the Board of Regents of the University System of Georgia. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 267, line 397.516) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $162,317. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 267, line 397.518: This language authorizes the appropriation of $85,340 to finance projects and facilities of the Board of Regents of the University System of Georgia, specifically, to renovate the Physical Education Building to comply with the Americans with Disabilities Act, Georgia State University, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 capital budget priority list of the Board of Regents of the University System of Georgia. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 267, line 397.518) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $85,340. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 267, line 397.520: This language authorizes the appropriation of $341,720 to finance projects and facilities of the Board of Regents of the University System of Georgia, specifically, to renovate Nevins Hall, Valdosta State project, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 top ten of minor projects on the capital budget priority list of the Board of Regents of the University System of Georgia. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 267, line 397.520) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $341,720. MONDAY, JANUARY 14, 2008 21 Section 49, pertaining to the General Obligation Debt Sinking Fund, page 269, line 397.563: This language authorizes the appropriation of $213,575 to finance projects and facilities for the Department of Technical and Adult Education, specifically to purchase land and a building for the Spalding County Campus, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 capital budget priority list for the Department of Technical and Adult Education. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 269, line 397.563) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $213,575. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 269, line 397.564: This language authorizes the appropriation of $415,614 to finance projects and facilities for the Department of Technical and Adult Education, specifically to design and construct Elbert County Campus Technical and Industrial Facility, Athens Area Technical College, through the issuance of not more than $4,865,000 in principal amount of General Obligation Debt for 20 years. Funding for major projects is the priority for Fiscal Year 2008 for the Department of Technical and Adult Education, and this project is not included among the major projects. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 269, line 397.564) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $415,614. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 270, line 397.567: This language authorizes the appropriation of $128,145 to finance projects and facilities for the Department of Technical and Adult Education, specifically to construct the Airframe and Power-Plant Maintenance School on the Thomson-McDuffie Regional Airport Property, Augusta Tech project, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt for 20 years. Funding for major projects is the priority for Fiscal Year 2008 for the Department of Technical and Adult Education, and this project is not included among the major projects. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 270, line 397.567) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $128,145. 22 JOURNAL OF THE SENATE Section 49, pertaining to the General Obligation Debt Sinking Fund, page 270, line 397.568: This language authorizes the appropriation of $128,145 to finance projects and facilities for the Department of Technical and Adult Education, specifically to construct an auditorium on the Forsyth County campus, Lanier Technical College, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 capital budget priority list for the Department of Technical and Adult Education. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 270, line 397.568) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $128,145. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 270, line 397.569: This language authorizes the appropriation of $426,723 to finance projects and facilities for the Department of Technical and Adult Education, specifically to construct a 25,600 sq.ft. building expansion on the Dawson County campus, Lanier Technical College, through the issuance of not more than $4,995,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 capital budget priority list for the Department of Technical and Adult Education. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 270, line 397.568) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $426,723. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 270, line 397.571: This language authorizes the appropriation of $42,715 to finance projects and facilities for the Department of Technical and Adult Education, specifically to construct a new hangar building and renovate an existing facility at Coosa Valley Technical College, through the issuance of not more than $500,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 capital budget priority list for the Department of Technical and Adult Education. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 270, line 397.571) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $42,715. MONDAY, JANUARY 14, 2008 23 Section 49, pertaining to the General Obligation Debt Sinking Fund, pages 270 and 271, line 397.573: This language authorizes the appropriation of $341,720 to finance projects and facilities for the Department of Technical and Adult Education, specifically to construct an automotive technology building at Southeastern Technical College, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 capital budget priority list for the Department of Technical and Adult Education. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (pages 270 and 271, line 397.573) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $341,720. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 271, line 397.575: This language authorizes the appropriation of $598,010 to finance projects and facilities for the Department of Technical and Adult Education, specifically to fund minor repairs and renovations, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt for 20 years. Funds within the Department of Technical and Adult Education state budget are sufficient to cover minor repairs and maintenance projects. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 271, line 397.575) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $598,010. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 271, line 397.576: This language authorizes the appropriation of $85,430 to finance projects and facilities for the Department of Technical and Adult Education, specifically to construct an aviation technology/maintenance school at the Gilmer County Airport at Appalachian Technical College, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 capital budget priority list for the Department of Technical and Adult Education. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 271, line 397.576) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $85,430. 24 JOURNAL OF THE SENATE Section 49, pertaining to the General Obligation Debt Sinking Fund, page 271, line 397.583: This language authorizes the appropriation of $170,860 to finance projects and facilities of the Board of Regents of the University System of Georgia, specifically to design and construct the Fairplay Public Library, Douglas County, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 capital budget priority list of the Board of Regents of the University System of Georgia. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 271, line 397.583) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $170,860. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 271, line 397.584: This language authorizes the appropriation of $136,688 to finance projects and facilities of the Board of Regents of the University System of Georgia, specifically, to construct as part of the Okefenokee Regional Library System, Pierce County Public Library, through the issuance of not more than $1,600,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 capital budget priority list of the Board of Regents of the University System of Georgia. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 271, line 397.584) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $136,688. Section 49, pertaining to the General Obligation Debt Sinking Fund, pages 271 and 272, line 397.585: This language authorizes the appropriation of $170,860 to finance projects and facilities of the Board of Regents of the University System of Georgia, specifically to renovate as part of the Conyers-Rockdale County Library System, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 top three of public library projects on the capital budget priority list of the Board of Regents of the University System of Georgia. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (pages 271 and 272, line 397.585) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $170,860. MONDAY, JANUARY 14, 2008 25 Section 49, pertaining to the General Obligation Debt Sinking Fund, page 272, line 397.586: This language authorizes the appropriation of $161,889 to finance projects and facilities of the Board of Regents of the University System of Georgia, specifically funds for the Senoia Public Library and Grantville Public Library in the Troup-Harris-Coweta Regional Library System, through the issuance of not more than $1,895,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 top three of public library projects on the capital budget priority list of the Board of Regents of the University System of Georgia. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 272, line 397.586) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $161,889. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 272, line 397.587: This language authorizes the appropriation of $854,300 to finance projects and facilities of the Board of Regents of the University System of Georgia, specifically for the Georgia Military College Preparatory School, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt for 20 years. This appropriation does not fully fund the total cost of this project. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 272, line 397.587) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $854,300. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 273, line 397.705: This language authorizes the appropriation of $170,860 to finance projects and facilities for the Department of Agriculture, specifically to construct and renovate all Farmers' Markets, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt for 20 years. In consideration of other priority items as expressed by the General Assembly and limitations on additional debt contained in the state's debt management plan this project is not recommended. Therefore, I veto this language (page 273, line 397.705) in the provisions relative to Section 49 General Obligation Debt Sinking Fund and the state general funds of $170,860. Section 50, pertaining to Federal Funds, page 274: This language essentially limits the application of federal funds received in excess of those contemplated in the Appropriations Act to supplant state funds. This language limits the state's ability to effectively utilize additional federal funds for highest priority 26 JOURNAL OF THE SENATE needs as they become available throughout the fiscal year. Similar language has been previously vetoed, and I veto this language in Section 50. NON-BINDING INFORMATION LANGUAGE TO DISREGARD Section 16, pertaining to the Department of Community Affairs, page 40, line 55.7: The General Assembly seeks to allocate $100,000 for the sixteen Regional Development Centers within the Coordinated Planning program. This additional funding is needed to support the Department's efforts to prepare for the 2010 census. The Department is authorized to utilize the $100,000 for the Local Update of Census Addresses initiative or other priorities consistent with the stated purpose of the program. Section 16, pertaining to the Department of Community Affairs, page 61, line 66.6: The General Assembly seeks to allocate $250,000 from the Downtown Development Revolving Loan Fund (DDRLF) to the City of Richland for an emergency water system within the State Economic Development program. The DDRLF leverages matching funds from the Woodruff Foundation to the Georgia Cities Foundation and is intended to promote the revitalization of Georgia's downtowns. The General Assembly's allocation to the City of Richland would alter both the purpose and the geographic availability of the DDRLF. The Department is authorized to utilize the $250,000 for the Downtown Development Revolving Loan Fund in accordance with its original purpose and the stated purpose of the program. Section 17, pertaining to the Department of Community Health, page 65, line 71.5: The General Assembly seeks to allocate $300,000 within the Health Care Access and Improvement program to implement a regional Health Information Technology pilot partnership with the Medical College of Georgia. This allocation is contained within $1,000,000 added for the Health Information Technology Pilot which is a partnership with the federal government and is intended to promote transparency in health care information on a statewide basis. The Department is authorized to utilize the full appropriation for the stated purpose of the Health Care Access and Improvement program. Section 18, pertaining to the Department of Corrections, page 75, line 86.2: The General Assembly seeks to allocate $1,422,224 within the County Jail Subsidy program to provide an increase in the county jail subsidy from $20 to $25 per day. Current projections indicate that the increased funding of $1,422,224 will be needed to pay the current rate of $20 per day. The Department is authorized to utilize the full appropriation for the stated purpose of the County Jail Subsidy program. MONDAY, JANUARY 14, 2008 27 Section 18, pertaining to the Department of Corrections, page 80, line 91.7: The General Assembly seeks to allocate an additional $500,000 for the expansion of County Correctional Institutions to house state inmates in rural Georgia within the Offender Management program. The Department is authorized to utilize $221,216 of these funds to offset the cut to this program reflected in item 91.6 and to utilize the remaining funds of $278,784 to fund the most effective and efficient expansions of County Correctional Institutions as determined on a statewide basis. Section 18, pertaining to the Department of Corrections, page 83, line 96.16: The General Assembly seeks to allocate $100,000 for the purchase of equipment in the inmate construction program in the State Prisons program. However, this funding is needed for the utility shortfall in state prisons. The Department is authorized to direct the additional $100,000 to utilities in the State Prisons program. Section 21, pertaining to the Department of Early Care and Learning, page 90, lines 106.5 and 106.6: The General Assembly seeks to establish a cap on the number of slots available this fall for the Pre-Kindergarten program at 77,775 and utilize $2,103,633 in lottery funds for a 3% operating increase for providers. Current projections indicate the need for slots this fall will be at least 78,000. The Department is authorized to increase the lottery funds available for pre-K slots to $12,628,598 in order to provide for necessary slots. The Department may use any remaining lottery funds to provide an operating increase for providers. Section 22, pertaining to the Department of Economic Development, page 91, line 108.5: The General Assembly seeks to earmark $2,000,000 for the City of Gainesville for the demolition and renovation of a parking deck within the Business Recruitment and Expansion program. Funds appropriated for individual communities for special projects should be contained in Local Assistance Grants in the Department of Community Affairs budget. In the interest of maximizing the return on investment for all Georgians, the Department is authorized to utilize these funds toward their international marketing and recruitment efforts or other priorities consistent with stated purpose of the program and the general law powers of the Department. Section 22, pertaining to the Department of Economic Development, page 94, item 114.12: The General Assembly seeks to earmark $2,500,000 for the Cobb Energy Performing 28 JOURNAL OF THE SENATE Arts Center within the Tourism program. The Department is authorized to utilize these funds for the continued development of the Resaca Battlefield project or other priorities in accordance with the purpose of the Tourism program and the general law powers of the Department. Section 23, pertaining to the Department of Education, page 100, lines 125.2, 125.3 and 125.4: The General Assembly provided an additional $1,125,000 for the Communities in Schools program for a variety of purposes. Improving graduation rates is a priority for the state. In order to ensure that the state contracts with the most cost-effective and results-oriented programs available, pursuant to Op. Att'y Gen. 73-132, the Department is authorized to utilize competitive procurement procedures for the full appropriation of $2,445,623 providing alternative education programs throughout the state, bringing community resources into schools to help students stay in school and better prepare for life. Section 23, pertaining to the Department of Education, page 102, lines 129.1: The General Assembly provided $1,590,857 in state general funds for the Foreign Language program. In the past, funding in this program has been limited to only 29 schools. The Department is authorized to utilize this funding to provide approximately $1200 to each elementary school for foreign language media materials. Section 23, pertaining to the Department of Education, page 111, lines 154.4: The General Assembly seeks to allocate $354,075 within the Testing program for subsidizing Advanced Placement exams for private school students on the same basis as public school students. Current projections indicate the expenditures under this program will be needed to meet the needs of public school students. The Department is authorized to utilize this funding to meet the needs of public school students consistent with the stated purpose of the program. Section 27, pertaining to the Department of Human Resources, multiple items: The General Assembly seeks to earmark funds for specific vendors, serving specific geographic locations, in several parts of the Department's budget. Pursuant to Op. Att'y Gen. 73-132 and the general law powers of the budget unit, the Department is authorized to utilize appropriate procurement procedures to ensure that program services intended by the General Assembly are provided in a fair, equitable, efficient and effective manner: Page 126; item 177.5 Page 126; item 177.7 MONDAY, JANUARY 14, 2008 29 Page 128; item 180.11 Page 134; item 187.10 Page 138; item 193.9 Page 138; item 193.11 Page 147; item 205.1 Page 146, item 202.6 Page 150; item 210.6 Qualified vendors named in these earmarks are not prohibited from participating in the Department's procurement process. Section 27, pertaining to the Department of Human Resources, page 128 and 134, items 180.7, 180.8, and 187.6: The General Assembly seeks to instruct the Department as to the net increase in the unduplicated count of recipients in the Mental Retardation Waiver Program in the Adult Development Disabilities Service program and the Child and Adolescent Development Disabilities program. Although this language is for information purposes only, it gives the appearance of meeting additional needs without the necessary funds being appropriated. Therefore, this language is stricken due to lack of adequate funding and the attempt to dictate a matter within the general law powers of the Department. Section 27, pertaining to the Department of Human Resources, page 155, item 218.7: The General Assembly seeks to earmark $721,000 within the Support for Needy Families-Family Assistance program for the expansion, renovation and relocation of specific DFACS offices. This seeks to circumvent the policies and procedures of the State Property Officer and the Department to identify the highest-need projects on a statewide basis. The Department is authorized to utilize these funds in accordance with its general law powers and the purpose of the program. Section 27, pertaining to the Department of Labor, page 180, item 256.8: The General Assembly seeks to earmark $50,000 for the Albany Advocacy Resource Center. Due to the unspecified need associated with this project and other priorities within the Vocational Rehabilitation program, the Department is authorized to utilize these funds in accordance with its general law powers and the stated purpose of the program. Section 31, pertaining to the Department of Labor, page 180, item 256.9: The General Assembly seeks to earmark $167,000 within the Vocational Rehabilitation program for the Hinesville center for the Georgia Center for the Hearing Impaired. The 30 JOURNAL OF THE SENATE Department is authorized to utilize these funds to ensure that services for the hearing impaired are equitably distributed across the state and for other priorities in accordance with the purpose of the Vocational Rehabilitation program and the general law powers of the Department. Section 34, pertaining to the Department of Natural Resources, page 191, item 273.13: The General Assembly seeks to earmark $400,000 for Waynesboro Field Trails Stable at the Di-Land Plantation WMA within the Wildlife Resources program. As the need for this project does not require such an appropriation amount, the Department is authorized to utilize $100,000 of these funds for such project and utilize the remainder for other priorities in accordance with the purpose of the Wildlife Resources program and the general law powers of the Department. Section 34, pertaining to the Department of Natural Resources, Georgia Agricultural Exposition Authority, page 192, item 275.5: The General Assembly seeks to earmark $50,000 within Payments to Georgia Agricultural Exposition Authority for the pre-design for construction of the amphitheater. The long-term sustainability of the amphitheater has not been determined nor have operating funds been identified. The Authority is authorized to utilize these funds to replace obsolete equipment or other priorities in accordance with its general law powers and the purpose of the program. Section 37, pertaining to the Department of Public Safety, page 200, item 290.9: The General Assembly seeks to earmark $250,000 for the North Central Law Enforcement Academy within the Field Offices and Services program. Increases for law enforcement academies should be managed on a fair and equitable basis for all academies statewide. The Department is authorized to utilize these funds in accordance with its general law powers and the program's stated purpose. Section 37, pertaining to the Department of Public Safety, page 200, item 290.10: The General Assembly seeks to earmark $118,700 for training associated with the implementation of HB 1059 within the Field Offices and Services program. This is not a function of the Department of Public Safety Field Offices. The Department is authorized to utilize these funds in accordance with its general law powers and the program's stated purpose. MONDAY, JANUARY 14, 2008 31 Section 39, pertaining to the Board of Regents, University System of Georgia, page 210, item 304.4: The General Assembly seeks to earmark $80,000 for the Formosan Termite project within the Cooperative Extension Program. Due to the unspecified need associated with this project and other priorities within the Cooperative Extension Program, the Board of Regents is authorized to expend these funds in accordance with the program's stated purpose and the general law powers of the Board of Regents. Section 39, pertaining to the Board of Regents, page 214, item 313.3: The General Assembly seeks to direct the expenditure of $350,000 in tobacco settlement funds within the Payments to Georgia Cancer Coalition program to implement a pilot program to promote smoking cessation by use of appropriate prescription smoking cessation medication along with counseling and to submit a State Plan Amendment to the U.S. Department of Health and Human Services to obtain approval for matching funds to cover such medications. The Quality Information Exchange is a higher priority for the Georgia Cancer Coalition. Therefore, the Board of Regents and the Cancer Coalition are authorized to use these funds for the Quality Information Exchange or other priorities in accordance with the purpose of the Payments to Georgia Cancer Coalition program. Section 39, pertaining to the Board of Regents, University System of Georgia, page 214, item 313.8: The General Assembly seeks to earmark $750,000 for the Georgia Umbilical Cord Blood Stem Cell Core Facility within the Payments to Georgia Cancer Coalition program. While I support the funding of the Facility, unfortunately this language removes funding from on-going commitments to imminent clinicians and scholars pursuing cancer research. The Board of Regents and the Georgia Cancer Coalition are authorized to utilize the full appropriation for the program's stated purpose. Section 39, pertaining to the Board of Regents, University System of Georgia, page 215, item 314.6: The General Assembly seeks to earmark $19,000 for the Three Rivers Regional Library in Glynn County within the Public Libraries program. Due to the unspecified need associated with this project and other priorities within the Public Libraries program, the Board of Regents is authorized to expend these funds in accordance with the program's stated purpose and the general law powers of the Board of Regents. 32 JOURNAL OF THE SENATE Section 39, pertaining to the Board of Regents, University System of Georgia, page 216, item 315.7: The General Assembly seeks to earmark $180,000 for the Georgia Water Planning and Policy Center at Albany State University within the Public Service/Special Funding Initiatives program. These funds were eliminated in Fiscal Year 2007 due to audit findings at the Center. The Board of Regents is authorized to expend these funds in accordance with other priorities consistent with the program's stated purpose and the general powers afforded to the Board of Regents. Section 39, pertaining to the Board of Regents, University System of Georgia, page 216, item 315.8: The General Assembly seeks to earmark $45,000 for the Washington Center for Internships and Academic Seminars within the Public Service/Special Funding Initiative program. Under the authority of Op. Att'y Gen. 73-132 funds may not be directly appropriated to a private contractor. The Board of Regents is authorized to expend these funds in accordance with other priorities consistent with the program's stated purpose and the general law powers of the Board of Regents. Section 39, pertaining to the Board of Regents, University System of Georgia, page 216, item 315.9: The General Assembly seeks to earmark $150,000 for business plans to support the incorporation efforts of Chattahoochee Hills and the City of South Fulton within the Public Service/Special Funding Initiatives program. Due to the unspecified need associated with this project and other priorities within the Public Service/Special Funding Initiatives program, the Board of Regents is authorized to expend these funds in accordance with other priorities consistent with the program's stated purpose and the general law powers of the Board of Regents. Section 39, pertaining to the Board of Regents, page 218, item 320.12: The General Assembly seeks to earmark $100,000 for the Fort Valley Cooperative Energy program within the Teaching program. Due to the unspecified need associated with this project, the availability of private funds to support this project, and other priorities within the Teaching program, the Board of Regents is authorized to expend these funds in accordance with other priorities consistent with the program's stated purpose and the general law powers of the Board of Regents. MONDAY, JANUARY 14, 2008 33 Section 39, pertaining to the Board of Regents, University System of Georgia, page 219, item 320.13: The General Assembly seeks to earmark $750,000 for outdoor education at Middle Georgia College within the Teaching program. Due to the unspecified need associated with this project and other priorities within the Teaching program, the Board of Regents is authorized to expend these funds in accordance with other priorities consistent with the program's stated purpose and the general law powers of the Board of Regents. Section 39, pertaining to the Board of Regents, University System of Georgia, page 219, item 320.15: The General Assembly seeks to earmark $75,000 for roof repairs, office supplies and furniture at the Cordele campus of Darton College within the Teaching program. Due to the unspecified need associated with this project and other priorities within the Teaching program, the Board of Regents is authorized to expend these funds in accordance with other priorities consistent with the program's stated purpose and the general law powers of the Board of Regents. Section 39, pertaining to the Board of Regents, University System of Georgia, page 219, item 320.16: The General Assembly seeks to earmark $100,000 for a Physical Education addition at Kennesaw State University within the Teaching program. Due to the unspecified need associated with this project and other priorities within the Teaching program, the Board is authorized to expend these funds in accordance with other priorities consistent with the program's stated purpose and the general law powers of the Board of Regents. Section 39, pertaining to the Board of Regents, University System of Georgia, page 219, item 320.18: The General Assembly seeks to earmark $125,000 for Valdosta State University for administrative costs associated with the creation of a charter school within the Teaching program. Due to the unspecified need associated with this project and other priorities within the Teaching program, the Board of Regents is authorized to expend these funds in accordance with other priorities consistent with the program's stated purpose and the general law powers of the Board of Regents. Section 41, pertaining to the Secretary of State, page 230, item 339.8: The General Assembly seeks to earmark $50,000 for the Silver-Haired legislature in the Administration program. Due to anticipated legal expenses, the Secretary of State is authorized to utilize these funds for legal expenses or other priorities in accordance with 34 JOURNAL OF THE SENATE the Administration program and the general law powers of the Secretary of State. Section 45, pertaining to the Department of Technical and Adult Education, page 246, item 376.6: The General Assembly seeks to provide $7,162,483 beyond earned formula funds within the Technical Education program. Due to declining enrollment and excess capacity at certain locations, the Department is authorized to utilize these funds for minor repairs and renovations or in accordance with other priorities in the Technical Education program and the general law powers of the Department. Section 45, pertaining to the Department of Technical and Adult Education, page 247, item 376.14: The General Assembly seeks to earmark $700,000 for roof repairs at the Moultrie Technical College Career Academy within the Technical Education program. Due to the unspecified need associated with this project and other priorities within the Technical Education program, the Department is authorized to utilize these funds for minor repairs and renovations or in accordance with other priorities in the Technical Education program and the general law powers of the Department. Section 45, pertaining to the Department of Technical and Adult Education, page 247, item 376.16: The General Assembly seeks to earmark $100,000 for pre-design of a college and technical facility in Catoosa County within the Technical Education program. Due to the unspecified need associated with this change item and other priorities within the Technical Education program, the Department of Technical and Adult Education is authorized to utilize these funds for minor repairs and renovations or in accordance with other priorities in the Technical Education program and the general law powers of the Department. Section 46, pertaining to the Department of Transportation, page 255, item 388.2: The General Assembly seeks to earmark existing toll revenue for construction of a sound barrier along the south end of GA 400 within the Payments to the State Road and Tollway Authority program. This language conflicts with the program purpose. The Authority is authorized to utilize their existing toll revenue in accordance with the program purpose and the general law powers of the Authority. Salary Adjustments The General Assembly seeks to allocate funding for pay raises for specific job MONDAY, JANUARY 14, 2008 35 classifications within state government. These allocations are inconsistent with recommendations of the Merit System and/or unfair to individuals in similar and equally critical job classifications in other agencies. With respect to the following items, the Department of Human Resources is authorized to utilize funds earmarked in the following items for general purposes consistent with the program purpose, the Department's general law powers, and the rules of the Merit System Board of Personnel Administration. Section 27, pertaining to the Department of Human Resources; Items 177.8, 180.12, 181.5, 182.8, 183.6, 184.2, 187.12, 189.7, 194.18, 195.5, 200.7, 208.8, 209.6, 210.7, 211.5, 213.6, and 220.4 With respect to the following items, the affected state entities are authorized to utilize funding in accordance with the purpose of the program and the general authority regarding pay increases provided to agency heads under the Merit System Board of Personnel Administration. Section 18 pertaining to the Department of Corrections; Items 85.2, 87.2, 88.2, 89.2, 90.2, 91.2, 92.2, 94.2, 95.2, 96.2, and 97.2 Section 29, pertaining to the Georgia Bureau of Investigation; Items 231.2, 232.2, 233.2, 234.2, 235.2, 236.2, 238.2, and 239.2 Section 30, pertaining to the Department of Juvenile Justice; Items 241.2, 242.2, 243.2, 244.2, and 245.2 Section 34, pertaining to the Department of Natural Resources; Items 270.2 and 273.2 Section 35, pertaining to the State Board of Pardons and Paroles; Items 279.2, 280.2, 281.2, and 282.2 Section 37, pertaining to the Department of Public Safety; Items 286.2, 288.2, 289.2, 290.2, 291.2, 292.2, 293.2, 296.2 With respect to the following items, the Department of Public Safety is authorized to utilize funds earmarked in the following items for general purposes consistent with the program purpose, the Department's general law powers, and the rules of the Merit System Board of Personnel Administration. Section 53, pertaining to Salary Adjustments, paragraph 10 36 JOURNAL OF THE SENATE Section 37, pertaining to the Department of Public Safety; Item 290.11 NON-BINDING PURPOSE LANGUAGE TO DISREGARD Section 17, pertaining to the Department of Community Health, page 71, item 77: The General Assembly seeks to set limits on the employer contribution rate for the teachers' health benefit plan and the state employees' health benefit plan for Fiscal Year 2008. This language dictates a matter within the general law discretion of the Department and is therefore null and void. The Department is authorized to establish employer contribution rates in accordance with the general law powers of the Department. Section 21: pertaining to the Department of Early Care and Learning, page 90, item 106: The General Assembly seeks to limit the number of pre-K slots in the purpose statement of the Pre-Kindergarten program by inclusion of the following language: "This appropriation shall provide funds for no more than 77,775 Pre-K slots." If it is the intention of the General Assembly to limit participation in the voluntary PreKindergarten program, then this is a matter for the general law and should not be accomplished through an appropriation. This added language dictates a matter within the general law discretion of the Department and is therefore null and void. Section 27: pertaining to the Department of Human Resources, page 132, item 185: The General Assembly seeks to establish matching rates in the After School Care program through inclusion of the following language: " ... and earn a 1:2 matching rate for contributed Maintenance of Effort (MOE) funds." While these are valuable metrics to aspire to, this requirement should not be established through an appropriation. This added language dictates a matter within the general law discretion of the Department and is therefore null and void. Section 27: pertaining to the Department of Human Resources, page 141, item 194: The General Assembly seeks to establish matching rates in the Departmental Administration program and allocate a portion of TANF block grants through inclusion of the following language: " ... provided that at least $6,000,000 in Temporary Assistance to Needy Family block grants be distributed to qualified food banks in exchange for a 1:3 Maintenance of Effort match." While these are valuable metrics to aspire to, this requirement should not be established through an appropriation. This MONDAY, JANUARY 14, 2008 37 added language dictates a matter within the general law discretion of the Department and is therefore null and void. The following communication was transmitted by the Secretary: Office of Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Robert F. Ewing Secretary of the Senate (404) 656-5040 Fax (404) 656-5043 June 1, 2007 Ms. Robyn Underwood Legislative Fiscal Officer Room 434 State Capitol Atlanta, GA 30334 Dear Robyn, Pursuant to Article II, Section II, Paragraph V of the Georgia Constitution, Senator James L. (Jim) Whitehead, Sr. is considered to have vacated his Senate seat representing the constituents of the 24th Senate District on April 24th, 2007. On that date, according to the Secretary of State's Office, Elections Division, Jim Whitehead qualified to run for the 10th Congressional Seat. If you have any further questions, please do not hesitate to call. Sincerely, /s/ Robert F. Ewing The following communications from the Honorable Karen C. Handel, Secretary of State, certifying the Senator-Elect in the Special Election of 2007, were received and read by the Secretary: Secretary of State Elections Division 2 Martin Luther King, Jr. Drive 1104 West Tower Atlanta, Georgia 30334 38 JOURNAL OF THE SENATE Karen C. Handel Secretary of State June 25, 2007 The Honorable Bob Ewing Secretary of the State Senate State Capitol Atlanta, GA 30334 Dear Mr. Ewing: I am transmitting herewith the name of the Senator elected in the June 19, 2007 Special Election for the Office of State Senator in the General Assembly of Georgia from District 24, all as the same appear from the consolidated returns which are of file and record in this office. With kindest regards and best wishes, I am Sincerely, /s/ Karen C. Handel Secretary of State STATE OF GEORGIA OFFICE OF SECRETARY OF STATE I, Karen C. Handel, Secretary of State of the State of Georgia, do hereby certify that the attached two pages list the results as shown on the consolidated returns on file in this office for the Special Election held on the 19th day of June, 2007, in District 24 of the State Senate, in Columbia County, Glascock County, Lincoln County, McDuffie County, Wilkes County and portions of Elbert and Warren County, to fill the vacancy created by the Honorable Jim Whitehead. Having received a majority of the votes cast, William (Bill) Jackson 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 25th day of June, in the year of our Lord Two Thousand and Seven and of the Independence of the United States of America the Two Hundred and Thirty-First. MONDAY, JANUARY 14, 2008 39 6/25/07 /s/ Karen C. Handel Secretary of State STATE OF GEORGIA KAREN C. HANDEL SECRETARY OF STATE ELECTIONS INFORMATION SYSTEM SPECIAL ELECTION JUNE 19, 2007 SSELZ040-R1 VOTES BY COUNTY FOR CANDIDATES OFFICE: STATE SENATOR, DISTRICT 24 (JIM WHITEHEAD, SR.) NUMBER OF CANDIDATES: 4 Lee Benedict Bill Jackson Brett McGuire Scott Nichols County Votes (%) Votes (%) Votes (%) Votes (%) Columbia Elbert Glascock Lincoln McDuffie Warren Wilkes 472 3.60 41 4.88 5 3.54 27 2.09 79 3.77 0 0.00 58 5.85 8,497 342 94 793 1,296 12 534 64.80 40.71 66.66 61.42 61.89 66.66 53.88 2,526 163 31 155 168 1 128 19.26 19.40 21.98 12.00 8.02 5.55 12.91 1,616 294 11 316 551 5 271 12.32 35.00 7.80 24.47 26.31 27.77 27.34 Totals 682 3.68 11,568 62.57 3,172 17.15 3,064 16.57 Total Election Votes: 18,486 The following communications were received by the Secretary: OFFICIAL OATH OF GEORGIA STATE SENATOR SENATE DISTRICT 24 GEORGIA STATE SENATE "I, William (Bill) Jackson, 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, 40 JOURNAL OF THE SENATE 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 this state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. So help me God." This 6th day of July, 2007 /s/ William Jackson State Senator Court of Appeals of Georgia Office of Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 I, Charlie Mikell, do hereby certify by my signature below that I have this date, July 6, 2007, at 1:00 p.m., in the Senate Chamber, State Capitol, Fulton County, Atlanta, Georgia, administered the following Oath of Office to the Honorable Senator-Elect William (Bill) Jackson for the remainder of the 2007 - 2008 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; 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 this state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. So help me God." /s/: C.B. Mikell, Judge, Court of Appeals Dated: July 6, 2007 MONDAY, JANUARY 14, 2008 41 Casey Cagle Lieutenant Governor OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 July 17, 2007 Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Secretary Ewing: I am pleased to inform you that Senator Jack Murphy has been appointed Chairman of the Senate Committee on Public Safety and Homeland Security. He will replace Senator Jim Whitehead effective immediately. Additionally, I want to advise you that in an effort to better allocate committee resources, I intend to propose a rules change at the beginning of 2008 to rename the Veterans and Military Affairs Committee as the "Military, Veterans, Security Committee." This new committee will handle the homeland security portion of the Public Safety and Homeland Security's current jurisdiction. Sincerely, /s/ Casey Cagle Lt. Governor of Georgia OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor July 24, 2007 Honorable Bob Ewing Secretary of the Senate State Capitol Atlanta, Georgia 30334 42 JOURNAL OF THE SENATE RE: Committee Assignments Dear Secretary Ewing: I am pleased to inform you that I am assigning Senator Bill Jackson to the Economic Development, Natural Resources, Public Safety and Transportation Committees. Additionally, I have asked that Senator Jackson serve as Secretary of the Transportation Committee. Additionally, I am appointing Senator Jack Murphy as an ex-officio member of the Public Safety Committee, which he now chairs. He will continue to serve as an exofficio pending a reconstitution of committee structure in the next legislative session. Finally, I am appointing Senator Tommie Williams as an ex-officio member of the Committee on State Institutions and Property. Sincerely, /s/ Casey Cagle Lt. Governor of Georgia OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor August 6, 2007 Hon. Bob Ewing Secretary of the Senate State Capitol Atlanta, Georgia 30334 RE: Committee Assignments Dear Secretary Ewing: In my capacity as President of the Senate, I am appointing Senator Chip Pearson to serve as Vice Chairman of the Senate Transportation Committee. Additionally, I am appointing Senator Chip Rogers as an ex-officio member of the Music MONDAY, JANUARY 14, 2008 43 Hall of Fame Overview Committee, and Senator Nancy Schaefer as an ex-officio member of the Science and Technology Committee. Should you have any questions, please do not hesitate to contact me. Sincerely, /s/ Casey Cagle Lt. Governor of Georgia OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor December 4, 2007 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: As President of the Georgia State Senate, I hereby appoint Senator Don Thomas as exofficio member of the Senate Committee on Government Oversight. This appointment is effective immediately. Please contact Russel Carlson in my office for additional information. Sincerely, /s/ Casey Cagle Lt. Governor of Georgia OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor 44 JOURNAL OF THE SENATE January 14, 2008 Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Secretary Ewing, As President of the Georgia State Senate, I hereby appoint the following Senator as exofficio member of the Senate Committee on Public Safety. Senator John Douglas This appointment is effective beginning January 14, 2008 and lasting until further notice. Please contact Russel Carlson in my office for further information. Sincerely, /s/ Casey Cagle Lt. Governor of Georgia OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor January 14, 2008 Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Secretary Ewing: As President of the Georgia State Senate, I hereby appoint the following senators as exofficio members of the Senate Committee on Veterans, Military, and Homeland Security: Senator Bill Jackson Senator Jack Murphy MONDAY, JANUARY 14, 2008 45 These appointments are effective beginning on January 14, 2008 and lasting until further notice. Please contact Russel Carlson in my office for further information. Sincerely, /s/ Casey Cagle Lt. Governor of Georgia 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 Cowsert Davenport Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Johnson Jones Me V Bremen Moody Mullis Murphy Orrock Pearson Powell Ramsey Reed Rogers Schaefer Seabaugh Seay Shafer,D Smith Staton Stoner Tarver Tate Thomas,D Thomas,R Thompson,C Tolleson Unterman Wiles Williams Not answering were Senators: Thompson, S (Excused) Weber Senator Weber of the 40th 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. Lieutenant Governor Cagle introduced the chaplain of the day, Dr. Nelson Price of Kennesaw, Georgia, who offered scripture reading and prayer. 46 JOURNAL OF THE SENATE The following communication was read by the Secretary: The Water Council 2 Martin Luther King, Jr. Drive, Suite 1152; Atlanta, GA 30334 (404) 656-4713 Office (404) 651-5778 Fax January 8, 2008 The Honorable Casey Cagle Lieutenant Governor State of Georgia State Capitol, Room 240 Atlanta, Georgia 30334 Dear Lt. Governor Cagle: The Water Council is pleased to transmit to you the proposed Comprehensive State-wide Water Management Plan adopted by the Water Council on January 8, 2008. Pursuant to O.C.G.A. 12-5-524 (b), the Water Council recommends the attached plan for consideration by the General Assembly during its 2008 regular session. As you know, development of the proposed Plan was initiated by the Comprehensive State-wide Water Management Planning Act and, as directed by O.C.G.A. 12-5-523 (c), the Environmental Protection Division submitted an initial draft plan to the Water Council on June 28, 2007. That draft was developed with formal assistance from over 200 individuals involved in an advisory process established by the Water Council. The Plan also reflects informal assistance from many Georgians not involved in the formal advisory process as well as extensive input from organizations representing affected stakeholders. In the six months since receipt of the initial draft, the Water Council also received considerable citizen input and engaged in extensive deliberations on changes aimed at improving the draft. The Plan is strongly in accordance with the policy statement and principles provided by the General Assembly in the 2004 Comprehensive State-wide Water Management Planning Act. We look forward to thoughtful deliberation on the proposed Plan and stand ready to assist you and your members during the upcoming session. /s/ Mike Beatty /s/ Dr. Stuart Brown /s/ Carol Couch, Chairperson /s/ Robert Farris /s/ Tommy Irvin /s/ Gus Bell /s/ Chris Clark /s/ Brent Dykes /s/ Noel Holcomb /s/ Jerry Lane MONDAY, JANUARY 14, 2008 47 Ex-Officio Members: /s/ Senator John Bulloch, Chair Agriculture and Consumer Affairs Committee District 11 /s/ Representative Tom McCall Agriculture and Consumer Affairs Committee District 30 /s/ Representative Lynn Smith House Natural Resources Committee District 70 /s/ Senator Ross Tolleson Senate Natural Resources Committee District 20 cc: Governor Perdue Speaker Glenn Richardson Senator Tolleson of the 20th spoke to the Water Council communication, which proposes a Comprehensive State-wide Water Management Plan. The President introduced Senator Bill Jackson of the 24th district. The President addressed the Senate: I want to officially welcome the Senate back and make a couple of remarks. I know that each of you are probably as excited as I am to be back in the 2008 session. I have to admit as I walked in this morning, I couldn't believe it was already upon us again. But the opportunity and the challenge that we have before us is very great. It is a privilege for me to travel around the state along with the governor as well as the majority leader, Jerry Keen, and then the speaker to talk about the issues of importance of our state. I will tell you that we have a choice to make. We can choose a path of divisive arguments or we can choose the path of being a statesman that will rise above whatever party politics that may try to divide us and focus on what is in the best interest of our state. I am convinced the beauty and the splendor of this body as 56 State Senators has always been a body of deliberation; one that does not govern to the left or the right, but is focused on moving this state forward. Good leadership designed in a way to ensure that every individual represents a district and that constituency group deserves to have their voice heard. That is the body I have tried to establish. Last year I think we had great success. Many initiatives that we put forth like the charter school initiative, as well as the career academies, have had great success. This year we will be focused on the challenges, trying to find real solutions. Challenges like water. We all know that we currently are experiencing a water crisis and the worst 48 JOURNAL OF THE SENATE drought in Georgia's history. I will tell you that although many would like to say that we are in the problem today because of growth. I will tell you that is not the case. We are in this because we are experiencing the worst drought in Georgia's history and the mismanagement of the Corp of Engineers. It is important that we move forward with a statewide water management plan that is focused not only on quantity, but also quality. I believe this plan that is going to be put before you this session will do just that. But we also have to look at the short-term and long-term assessing existing reservoirs to determine where additional capacity may exist and build to it, but also regional reservoirs to ensure that we never put ourselves in the position that we are in here today. But it's not just simply about water, it's also about transportation. We find ourselves today the second worst congestion problem in Metro Atlanta in the country, a statistic that none of us are pleased. I will tell you I am very excited about the joint study committee report that is going to come forward where the House and the Senate will be making many recommendations. But this year will be a year in which we will focus on insuring that we reinvent and reorganize the Department of Transportation. Under the new leadership, the new commissioner, I am confident that we are going to have great progress, we are going to see efficiencies and we are going to see projects coming to bear in a much more expedient manner, and the accounting process we will have confidence in at the end of the day. Once we complete the reorganization of the Department of Transportation it is important that we turn our focus to a statewide transportation management plan, where we can focus on what the true needs are and then put that plan to work. After we do that, then I think we need to decide on how we are going to fund it. There have been many proposals that are out there. And we anticipate maybe the recommendation from the joint study committee. But I will tell you that transportation will have to be first and foremost of a priority for all of us this session. It's not just simply about water and transportation it is also to continue in education to where every child experiences hope and opportunity. I am convinced that the steps that we have taken with the charter school system network to where we are allowing local communities to come together to design an educational system around the needs not only of there community, but around the needs of the individual student, will foster great success in our state. MONDAY, JANUARY 14, 2008 49 The career academies, the idea that we put money in the budget and had 19 applicants all across the state wanting to allow hope and opportunity a path for technical learning for every child that may choose it, because every child is not motivated and challenged in the same way. Many of them drop out of school today because they don't see the relevance in what they are learning. Career academies and technical learning find relevance for children and that's what we are going to continue to be focused on this year through the budgetary process is to continue in that effort. It's not just simply about water, transportation, and education it's also about healthcare. The fact that we have 1.3 million people that are uninsured in Georgia today is something that none of us can be proud of. The truth and the reality is that the uninsured population is having a huge impact on the cost of healthcare today. The average family of three experiences about a thousand dollars a year additional premium costs to take care of those that can't afford it. Unfortunately, we cannot sit on our laurels and not address this issue. That's why we're coming this session with two initiatives. The Market Place Exchange, the idea in which we allow individuals to purchase the amount of insurance that they need at a price by which they can afford. The free market can work and will work and we're going to incentivize this through the authority to encourage more competition and allow individuals to be able to provide for themselves and their family. But also making sure we encourage good stewardship of communities to where communities come together through a safety net clinic to provide healthcare in a voluntary capacity to truly meet the needs of their community for those individuals that can afford it. And this year I'm excited to report that I do believe that we are going to have a trauma network system put in place. I look forward to that today. We all know the underserved areas in our community and how in the case of a tragic circumstance, an accident, many people in our state would not be able to receive the care in which they need. We need to be diligent in making sure that we put a trauma network in place. A lot of proposals are on the table. But I want you to know I am not in favor of a new entitlement program and I'm not in favor of a tax increase, but what I am in favor of is ensuring that we provide the readiness costs associated with the trauma network. And I look forward to that debate as it moves forward. Each of us are blessed, richly, richly blessed to be in this august body. The people across Georgia and the people in your district have placed their trust, their belief in you. That belief is that you're going to operate in their best interest. 50 JOURNAL OF THE SENATE And do you know what? I am confident, I'm confident that each of you will rise above what is politically expedient. And you will focus on character and integrity and a call and a calling and a cause that is far greater than any of ourselves. I believe this session will be memorable and I hope you will join us as we try to continue to do something good for every citizen in this state. Thank you very much and God bless you. President Pro Tempore Eric Johnson spoke extemporaneously to the Senate. The following Senate legislation was introduced, read the first time and referred to committee: SB 335. By Senators Douglas of the 17th and Schaefer of the 50th: A BILL to be entitled an Act to amend Code Section 50-3-100 of the Official Code of Georgia Annotated, relating to the designation of English as the official language of Georgia, so as to prohibit a state agency or political subdivision of this state from requiring an employee to speak or learn any language other than the official language of the state in order to be employed, maintain employment, or to be eligible for a promotion; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 336. By Senator Seabaugh of the 28th: A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to 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 if the association requires a minimum permanent seating capacity in order for a school to host a state playoff game; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. MONDAY, JANUARY 14, 2008 51 SB 337. By Senator Seabaugh of the 28th: A BILL to be entitled an Act to amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to lottery for education, so as to provide for a Georgia Lottery Corporation Board of Directors; to provide for certain duties for the board of directors; to provide for certain duties for the Georgia Lottery Corporations chief executive officer; to provide for a Georgia Lottery Corporation Legislative Oversight Committee; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. SR 687. By Senators Seabaugh of the 28th, Williams of the 19th, Grant of the 25th, Douglas of the 17th and Rogers of the 21st: A RESOLUTION proposing an amendment to the Constitution so as to authorize a local taxing jurisdiction to wholly or partially replace ad valorem taxation other than for bonded indebtedness with a 1 percent sales and use tax; to provide for procedures, conditions, and limitations; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Finance Committee. The following House legislation was read the first time and referred to committee: HB 853. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act to create an amended charter for the Town of Willacoochee, in the County of Atkinson, and to reincorporate said town as a city, and define its territorial limits, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3039), as amended, so as to deannex certain property from the corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following resolutions were read and adopted: SR 689. 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 52 JOURNAL OF THE SENATE convened; and for other purposes. SR 690. 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: Goggans of the 7th, Carter of the 13th, Hooks of the 14th, Chance of the 16th, Tarver of the 22nd, Heath of the 31st and Ramsey of the 43rd. Senator Staton of the 18th introduced the doctor of the day, Dr. Mick Anderson. Senator Williams of the 19th unanimous consent that the names of two Senate standing committees be changed from Public Safety and Homeland Security to Public Safety and Veterans and Military Affairs to Veterans, Military and Homeland Security. There was no objection and the standing committee names were changed. Senator Williams of the 19th asked unanimous consent that the following legislation, having been placed on the Table in the 2007 Legislative Session, be taken from the Table and committed to the committees from which they were last reported: HB 156. By Representative Willard of the 49th: A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the "Child Support Recovery Act," so as to authorize the Department of Human Resources to impose fees on child support collections; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 332. By Representatives Coleman of the 97th, Millar of the 79th, Hembree of the 67th, Jones of the 46th, Maxwell of the 17th 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 delay the implementation of certain maximum class size requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. MONDAY, JANUARY 14, 2008 53 The consent was granted, and HB 156 and HB 332 were taken from the Table and recommitted to the committees from which they were last reported. SB 3 SB 25 SB 37 SB 41 SB 43 SB 66 SB 76 SB 110 SB 118 SB 119 SB 133 SB 137 SENATE CALENDAR MONDAY, JANUARY 14, 2008 FIRST LEGISLATIVE DAY Hunting; provide for veterans' lifetime sportsman's license; fees (Substitute) (NR&E-17th) License Plates; driver's license; issuance; payment/disposition of fees; proof of citizenship (Substitute)(PUB SAF-17th) Criminal Procedures; allow a change of sentence under certain circumstances (JUDY-10th) Civil Practice; provide for service upon persons residing in gated/secured communities; state-wide registration of permanent process servers (Substitute)(S JUDY-29th) Firearms; prohibit certain employers from prohibiting employees from lawfully carrying in locked motor vehicles (Substitute)(JUDY-21st) Abortion; medical equipment for facilities; procedures (Substitute) (H&HS-50th) Assignments, Committee on; powers, duties; change provisions; transfer of power (RULES-1st) Municipal; deannexation; repeal certain provisions (Substitute) (SLGO(G)-51st) Educational Facilities Surveys; change certain provisions (FIN-30th) Criminal Procedure; victim/members of immediate family with rights; provide for certain procedures (Substitute)(JUDY-30th) Levy; intestate insolvent estates; homestead exemptions; maximum amounts; change certain provisions (JUDY-22nd) Alcoholic Beverages; regulation of sales on Sunday; county/municipality (Substitute)(RI&Util-29th) 54 SB 140 SB 141 SB 142 SB 151 SB 155 SB 159 SB 179 SB 211 SB 216 SB 221 SB 230 SB 256 SB 259 SB 274 JOURNAL OF THE SENATE Circuit Public Defender; change composition of selection panels; removal; terms (Substitute)(JUDY-52nd) Georgia Public Defender Standards Council; change composition (JUDY-52nd) Circuit Public Defenders; may hire additional personnel; authorized by local law (JUDY-52nd) Georgia Health Security Underwriting Authority; create; alternative mechanism coverage for the availability of individual health insurance (I&L-32nd) Immunization; HPV; human papillomarvirus; female students entering the sixth grade (Substitute)(H&HS-9th) Homestead Exemptions; change date of filing applications (Substitute) (FIN-18th) Campaign Contributions; persons acting on behalf of a public utility; Public Service Commission; repeal the prohibition (Substitute)(ETHICS-18th) Criminal Procedure; sentencing of defendants guilty of crimes involving bias/prejudice circumstances and parole; repeal certain provisions (Substitute)(JUDY-39th) Grand Juries; certain individuals not qualified to serve as grand jurors (JUDY-16th) Solid Waste Management; land disposal sites; permits from Dept. of Natural Resources; change certain provisions (NR&E-11th) State Personnel Board/Merit System; define classified/unclassified service (I&L-53rd) Outdoor Advertising Signs; height limitations; conditions for lowering of existing signs (Substitute)(TRANS-53rd) Warrants; issuance of search warrants by judicial officers; change provisions (Substitute)(JUDY-39th) Georgia Crime Information Center; publication of statistics; revise provisions (PUB SAF-13th) SB 283 SB 293 SB 307 SR 5 SR 21 MONDAY, JANUARY 14, 2008 55 Confederate Heritage and History Month; create (RULES-53rd) Deprived Juveniles; consideration of in-state/out-of-state placements for children; permanency plan hearings; procedural safeguards (JUDY-12th) Uniform Rules; leaving a motor vehicle unattended; repeal Code Section 40-6-201 (PUB SAF-27th) Taxpayers' Dividend Act; restrict amendments that increase appropriations made by General Appropriations Act (CA) PF (Substitute)(FIN-48th) Taxation; limitations on grants of tax powers CA (Substitute)(FIN-32nd) SR 319 SR 345 SR 428 HB 39 HB 51 HB 89 HB 127 HB 151 HB 226 HB 239 North Georgia College/State University; urge Board of Regents to maintain current military program (VM&HS-17th) Public Funding; faith based organizations; prevent discrimination-CA (H&HS-31st) Senate Railroad Safety and Security Study Committee; create (TRANS-53rd) Public records; confidential information not disclosed; provide (Substitute)(JUDY-32nd) Chambers-81st Sheriffs' duties; security plans; change frequency (PUB SAF-13th) Jacobs-80th Firearms; carrying and possession; change provisions (Substitute) (RULES-21st) Bearden-68th Prescription drugs; generic; change provisions (Substitute)(H&HS-54th) Byrd-20th Hospital authorities; vacancies; General Assembly; change by local act (Substitute)(H&HS-13th) Lunsford-110th Obscenity crimes; distribution of obscene materials; insert new provisions (Substitute)(JUDY-37th) Ralston-7th Board of Natural Resources; rules; game and fish criminal violations; change certain provisions (Substitute)(NR&E-31st) Lane-158th 56 JOURNAL OF THE SENATE HB 254 Limited driving permits; certain offenders; allow issuance (Substitute) (PUB SAF-54th) Roberts-154th HB 279 Katie Beckett waiver program; eligibility; certain children; require certain procedures (APPROP-49th) Collins-27th HB 280 Controlled substances; sale of marijuana flavored products to minors; ban (Substitute)(AG&CA-6th) Manning-32nd HB 291 Georgia Council for the Arts; Georgia Arts Alliance; create (ECD-28th) Wilkinson-52nd HB 410 Municipal Option Sales Tax Act; enact (FIN-14th) Hanner-148th 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 with the following exceptions: SB 25, SB 274, SB 307, HB 51, and HB 254 be committed to Public Safety and SR 319 be committed to Veterans, Military and Homeland Security. The consent was granted and the legislation listed on the Senate Calendar was committed to the following Senate Committees: SB 3. By Senators Douglas of the 17th, Williams of the 19th, Hill of the 4th, Staton of the 18th, Hawkins of the 49th and others: 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. SB 25. By Senators Douglas of the 17th, Rogers of the 21st, Staton of the 18th, Shafer of the 48th, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Code Section 40-2-33 of the Official Code of Georgia Annotated, relating to the issuance of license plates, payment and disposition of fees, and compensation of tag agents, so as to require proof of citizenship to obtain a motor vehicle tag; to amend Code Section 40-5-20, relating to drivers license required, surrender of prior licenses, and local MONDAY, JANUARY 14, 2008 57 licenses prohibited, so as to require proof of citizenship before obtaining a drivers license; to amend Code Section 48-5-40, relating to definitions relative to tax exemptions, so as to change a certain definition; to amend Code Section 48-5-45, relating to application for homestead exemption and unlawful to solicit fee to file application for another, so as to require proof of citizenship before obtaining exemption; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 37. By Senators Jones of the 10th, Weber of the 40th, Reed of the 35th, Brown of the 26th, Tate of the 38th and others: A BILL to be entitled an Act to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing and changing of sentence, suspension or probation of sentence, eligibility for parole, and prohibited modifications and exceptions, so as to allow a change of sentence under certain circumstances; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 41. By Senators Harp of the 29th, Hamrick of the 30th, Adelman of the 42nd and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process in civil practice, so as to provide for service upon persons residing in gated and secured communities; to provide for filing the return of service; to provide for state-wide registration of permanent process servers; to change certain provisions relating to process in civil practice; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. SB 43. By Senators Rogers of the 21st, Whitehead, Sr. of the 24th, Williams of the 19th, Johnson of the 1st, Heath of the 31st 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 prohibit certain employers from prohibiting employees from lawfully carrying and possessing firearms in locked motor vehicles; to provide for immunity for employers who allow employees to possess firearms in locked vehicles on the premises of such employer; to 58 JOURNAL OF THE SENATE provide for civil remedies; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 66. By Senators Schaefer of the 50th, Williams of the 19th, Rogers of the 21st, Douglas of the 17th, Hudgens of the 47th 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 access to certain medical equipment for facilities where abortions are performed and facilities of physicians who refer for abortions; 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. SB 76. By Senators Johnson of the 1st and Williams of the 19th: A BILL to be entitled an Act to amend Titles 10, 15, 17, 20, 21, 31, 33, 45, and 49 of the Official Code of Georgia Annotated, relating respectively to commerce and trade, courts, criminal procedure, education, elections, health, insurance, public officers and employees, and social services, so as to change provisions relating to powers, duties, and responsibilities of the Senate Committee on Assignments; to transfer certain powers of appointment from that committee to the Lieutenant Governor; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Rules Committee. SB 110. By Senators Pearson of the 51st, Seabaugh of the 28th, Rogers of the 21st, Murphy of the 27th and Johnson of the 1st: A BILL to be entitled an Act to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to municipal annexation of territory, so as to repeal certain provisions relating to authority, procedures, identification, and status of lands relative to municipal deannexation; to provide for municipal deannexation of property pursuant to application of landowners thereof; to provide for procedures, conditions, and limitations; to provide for facilities and MONDAY, JANUARY 14, 2008 59 services; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SB 118. By Senators Hamrick of the 30th and Heath of the 31st: 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 for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 119. By Senators Hamrick of the 30th and Carter of the 13th: A BILL to be entitled an Act to amend Titles 17 and 24 of the Official Code of Georgia Annotated, relating to criminal procedure and evidence, respectively, so as to provide victims of crime and members of their immediate family with certain rights; to provide for certain procedures relating to a victim of a crime or member of the immediate family; to provide for certain exemptions for a victim of a crime; to provide certain requirements relating to the testimony of the victim of a crime; to provide for application to certain juvenile delinquency proceedings; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 133. By Senators Tarver of the 22nd, Brown of the 26th, Ramsey, Sr. of the 43rd, Fort of the 39th and Thomas of the 2nd: A BILL to be entitled an Act to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to homestead exemption from levy and sale for purposes of bankruptcy and intestate insolvent estates, so as to change 60 JOURNAL OF THE SENATE certain provisions relating to maximum amounts of exemptions; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 137. By Senators Harp of the 29th, Stoner of the 6th, Adelman of the 42nd, Bulloch of the 11th, Fort of the 39th and others: A BILL to be entitled an Act to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to the local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that in each county or municipality in which package sales of certain alcoholic beverages by retailers are lawful, the governing authority of the county or municipality, as appropriate, may authorize package sales by a retailer of such alcoholic beverages on Sundays beginning at 12:00 Noon, if approved by referendum; to provide procedures; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes Referred to the Regulated Industries and Utilities Committee. SB 140. By Senators Smith of the 52nd, Wiles of the 37th and Johnson of the 1st: 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 change the composition of the circuit public defender selection panels; to change certain provisions about the removal of circuit public defenders; to change the term of certain circuit public defenders; to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 141. By Senators Smith of the 52nd, Wiles of the 37th and Johnson of the 1st: A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to the Georgia Public Defender Standards Council, so as to change the composition of the council; to provide for appointment, qualifications, and terms for new members; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. MONDAY, JANUARY 14, 2008 61 SB 142. By Senators Smith of the 52nd, Wiles of the 37th and Johnson of the 1st: 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 clarify that circuit public defenders may hire additional personnel only if authorized by local law or if approved by the county governing authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 151. By Senator Hill of the 32nd: A BILL to be entitled an Act to create the Georgia Health Security Underwriting Authority; to provide alternative mechanism coverage for the availability of individual health insurance; to provide definitions; to provide for an assignment group 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 group; to provide for the establishment of rates; to provide for eligibility for and termination of coverage; to provide for minimum assignment group benefits; to provide for certain exclusions for preexisting conditions; to provide for funding; to provide for related matters; to repeal the Georgia High Risk Health Insurance Plan; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 155. By Senator Balfour of the 9th: 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 require immunization against human papillomavirus for female students entering the sixth grade; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 159. By Senators Staton of the 18th, Rogers of the 21st, Chance of the 16th, Seabaugh of the 28th, Golden of the 8th and others: 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 62 JOURNAL OF THE SENATE to change the date for filing applications for homestead exemptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 179. By Senators Staton of the 18th, Powell of the 23rd, Unterman of the 45th, Hudgens of the 47th, Murphy of the 27th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to repeal the prohibition against persons acting on behalf of a public utility regulated by the Public Service Commission contributing to political campaigns; to prohibit public utilities regulated by the Public Service Commission from contributing to Public Service Commission candidates or campaign committees for such candidates; to prohibit electric membership corporations from contributing to political campaigns; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 211. By Senators Fort of the 39th, Brown of the 26th, Reed of the 35th, Orrock of the 36th, Thomas of the 2nd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to repeal certain provisions regarding sentencing of defendants guilty of crimes involving bias or prejudice, circumstances, and parole; to provide for sentencing of defendants guilty of crimes which target a victim due to the victims race, religion, gender, national origin, or sexual orientation, circumstances, and parole; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 216. By Senators Chance of the 16th, Smith of the 52nd, Carter of the 13th, Rogers of the 21st, Whitehead, Sr. of the 24th and others: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions of grand juries, so as to provide that certain individuals are not MONDAY, JANUARY 14, 2008 63 qualified to serve as grand jurors; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 221. By Senators Bulloch of the 11th, Tolleson of the 20th, Chance of the 16th, Meyer von Bremen of the 12th, Williams of the 19th and others: A BILL to be entitled an Act to provide for regulation and permitting of land disposal sites that receive septic tank waste and rules and regulations relating thereto; to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to change certain provisions relating to permits from the Department of Natural Resources for land disposal sites that receive septic tank waste and rules and regulations relating thereto; to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to change certain provisions relating to permits from the Department of Human Resources for land disposal sites that receive septic tank waste and rules and regulations relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 230. By Senators Mullis of the 53rd, Rogers of the 21st, Wiles of the 37th and Murphy of the 27th: A BILL to be entitled an Act to amend Chapter 20 of Title 45 of the O.C.G.A., relating to personnel administration, so as to define the classified and unclassified service; to provide for the authority of the State Personnel Board and the State Merit System relative to both classified and unclassified service; to modify language relative to these authorizations and definitions to rescind provisions governing interdepartmental transfers; to change certain provisions relating to classified and nonclassified employees; to change definitions relating to personnel administration and classified and unclassified employees; to clarify certain duties of the State Personnel Board; to modify certain duties of the commissioner of personnel administration; to rename the Advisory Council for Personnel Administration and change the manner in which persons become members of the council; to modify certain rights of unclassified service; 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. 64 JOURNAL OF THE SENATE SB 256. By Senators Mullis of the 53rd, Heath of the 31st, Pearson of the 51st, Thomas of the 54th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the O.C.G.A., relating to outdoor advertising signs on the interstate system, primary highways, and other highways, so as to provide for certain height limitations on such outdoor advertising signs and for certain conditions for lowering of existing signs in excess of such height limitations; to provide for certain changes in the sizes of trees permitted to be trimmed or removed from the viewing zones of such signs and for certain changes to the extent of such viewing zones; to provide that where relocation of a sign is required but conflicts with local zoning or land use ordinances, compensation shall be paid to the owner of such sign by the jurisdiction imposing such ordinances; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 259. By Senators Fort of the 39th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to change provisions relating to issuance of search warrants by judicial officers; to provide that no-knock warrants shall not be issued in this state except under limited circumstances; 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 274. By Senators Carter of the 13th and Chance of the 16th: A BILL to be entitled an Act to amend Code Section 35-3-33 of the Official Code of Georgia Annotated, relating to powers and duties of the Georgia Crime Information Center, so as to revise provisions relating to publication of statistics by the center; to remove a prohibition against certain identifying data in such statistics; to provide for related matters; to provide an effective date; to repeal conflicting law; and for other purposes. Referred to the Public Safety Committee. SB 283. By Senators Mullis of the 53rd, Pearson of the 51st and Heath of the 31st: A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official MONDAY, JANUARY 14, 2008 65 Code of Georgia Annotated, relating to holidays and observances, so as to create Confederate Heritage and History Month; to provide for legislative findings; to encourage observances and celebrations of Confederate Heritage and History Month; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Rules Committee. SB 293. By Senator Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Part 6 of Article 1 of Chapter 11 of Title 15 of the O.C.G.A., relating to deprived juveniles, so as to provide specifically for the consideration of in-state and out-of-state placements for children at permanency plan hearings; to provide for procedural safeguards to assure that in a permanency hearing there is consultation with the child, in an age appropriate manner, regarding the proposed permanency and transition plan for the child; to require that foster parents, preadoptive parents, and relative caregivers are given notice of their right to be heard at certain hearings and proceedings; to amend Article 2 of Chapter 11 of Title 15 of the O.C.G.A., relating to termination of parental rights, to provide that foster parents, preadoptive parents and relative caregivers must be provided notice of their right to be heard at all court proceedings held pursuant to such Article; 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 307. By Senators Murphy of the 27th, Hill of the 32nd, Heath of the 31st, Shafer of the 48th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to stopping, standing, and parking, so as to repeal Code Section 40-6-201, relating to leaving a motor vehicle unattended; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SR 5. By Senators Shafer of the 48th, Pearson of the 51st, Rogers of the 21st, Heath of the 31st, Hill of the 32nd 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 66 JOURNAL OF THE SENATE amendment for ratification or rejection; and for other purposes. Referred to the Finance Committee. SR 21. By Senators Hill of the 32nd, Rogers of the 21st, Johnson of the 1st, Wiles of the 37th, Seabaugh of the 28th 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 Finance Committee. SR 319. By Senators Douglas of the 17th, Harp of the 29th, Hill of the 4th and Wiles of the 37th: A RESOLUTION urging the Board of Regents and chancellor of the University System of Georgia to maintain the current military program at the senior military college of Georgia, North Georgia College and State University; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. SR 345. By Senators Heath of the 31st, Williams of the 19th, Johnson of the 1st, Chance of the 16th, Carter of the 13th and others: A RESOLUTION proposing an amendment to the Constitution, in a manner consistent with the United States Constitution, so as to prevent discrimination in the public funding of social services by allowing religious or faith based organizations to receive public aid, directly or indirectly, for the provision of such services; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Health and Human Services Committee. SR 428. By Senators Mullis of the 53rd, Staton of the 18th, Goggans of the 7th, Douglas of the 17th, Stoner of the 6th and others: A RESOLUTION to create the Senate Railroad Safety and Security Study MONDAY, JANUARY 14, 2008 67 Committee; and for other purposes. Referred to the Transportation Committee. HB 39. By Representatives Chambers of the 81st, Jacobs of the 80th, Millar of the 79th, Willard of the 49th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to 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 Judiciary Committee. HB 51. By Representatives Jacobs of the 80th, Ralston of the 7th, Mumford of the 95th, Bearden of the 68th, Franklin of the 43rd and others: A BILL to be entitled an Act to amend Code Section 15-16-10 of the Official Code of Georgia Annotated, relating to sheriffs duties, penalties, and electronic storage, so as to change the frequency with which a sheriff reviews security plans; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 89. By Representatives Bearden of the 68th, Horne of the 71st, Hatfield of the 177th, Maddox of the 172nd and Smith of the 168th: 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 the carrying and possession of firearms, so as to change certain provisions regarding the transportation of certain firearms; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Rules Committee. HB 127. By Representatives Byrd of the 20th, Jerguson of the 22nd, Ehrhart of the 36th, Rynders of the 152nd and Hill of the 21st: A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, so as to 68 JOURNAL OF THE SENATE change certain provisions relating to the substitution of generic drugs; to eliminate redundant language relating to the practice of medicine; to prohibit the substitution of anti-epileptic drugs except under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 151. By Representative Lunsford of the 110th: A BILL to be entitled an Act to amend Code Section 31-7-72 of the Official Code of Georgia Annotated, relating to the creation of hospital authority in each county and municipality, so as to provide that the General Assembly by local Act may change the manner of filling vacancies on certain hospital authorities; 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 226. By Representatives Ralston of the 7th, Willard of the 49th and Burkhalter of the 50th: A BILL to be entitled an Act to amend Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving obscenity in general, so as to strike existing provisions relating to criminal distribution and dissemination of obscene materials and insert new provisions relating to the same subject; to define the nature of the offense, define terms, provide an affirmative defense, and 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. HB 239. By Representatives Lane of the 158th, Jerguson of the 22nd and Burns of the 157th: A BILL to be entitled an Act to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, so as to change certain provisions relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. MONDAY, JANUARY 14, 2008 69 HB 254. By Representatives Roberts of the 154th, Black of the 174th, Shaw of the 176th, McCall of the 30th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to issuance of limited driving permits for certain offenders, so as to allow for issuance of a limited driving permit to a driver between 18 and 21 years old who has his or her license suspended for driving 24 or more miles per hour but less than 34 miles per hour over the speed limit; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 279. By Representatives Collins of the 27th, Cooper of the 41st, Burkhalter of the 50th, Lunsford of the 110th, Ralston of the 7th 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 certain procedures for determinations relating to eligibility for medical assistance through the Katie Beckett waiver program for children with Spina Bifida who have Myelomeningocele; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. HB 280. By Representatives Manning of the 32nd, Johnson of the 37th, Tumlin of the 38th, Teilhet of the 40th, Mumford of the 95th 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 of marijuana flavored products to minors; to provide for a penalty; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. HB 291. By Representatives Wilkinson of the 52nd, Butler of the 18th, Rice of the 51st, Ashe of the 56th, Stephens of the 164th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 50 of the O.C.G.A., relating to the Georgia Council for the Arts, so as to create the Georgia Arts Alliance; to provide for legislative findings; to provide for certain 70 JOURNAL OF THE SENATE reports and audits; to provide for development of a cultural policy for the State of Georgia; to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the O.C.G.A., relating to other educational programs for elementary and secondary education, so as to provide for the development of a Future Art and Music Teachers Pilot Program; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. HB 410. By Representatives Hanner of the 148th, Royal of the 171st and Greene of the 149th: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the O.C.G.A., relating to sales and use taxes, so as to provide for funding of projects and services through the levy and collection of a municipal option sales and use tax; to provide for a short title; to provide for definitions; to provide for the rate and manner of imposition of such tax; to provide for applicability to certain sales; to provide for powers, duties, and authority of municipal governing authorities with respect to such tax; to provide for powers, duties, and authorities of the state revenue commissioner with respect to such tax; to provide for collection and administration of such tax; to provide for returns; to provide for distribution and expenditure of proceeds; to provide for a method for discontinuation of such tax; to change certain provisions regarding limitations on imposition of certain local taxes; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1018. By Representative Keen of the 179th: A RESOLUTION to notify the Senate that the House of Representatives has convened; and for other purposes. MONDAY, JANUARY 14, 2008 71 Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1019. 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 Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes. The Speaker has appointed as a Committee of Escort on the part of the House the following members: Representatives Harbin of the 118th, Hatfield of the 177th, Mumford of the 95th, O'Neal of the 146th, Scott of the 153rd, Sellier of the 136th, Smith of the 129th and Talton of the 145th. Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1020. 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. Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1021. By Representative Keen of the 179th: A RESOLUTION relative to adjournment; and for other purposes. Mr. President: The House has overridden the Veto of the following Bill of the House by the requisite constitutional majority: 72 JOURNAL OF THE SENATE HB 549. By Representative Burkhalter of the 50th: A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to establish requirements for basic therapy services for children with disabilities; to provide for legislative findings; to provide for definitions; to provide certain requirements relating to administrative prior approval for services and appeals; to provide for a modification to the state plan for medical assistance regarding the rate of payment to providers of medical assistance services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Pursuant to Article 3, Section 5, Paragraph XIII of the Constitution of the State of Georgia, this vetoed Bill is immediately transmitted to the Senate where it shall be immediately considered. Mr. President: The House has overridden the Veto of the following Bill of the House by the requisite constitutional majority: HB 229. By Representatives Harbin of the 118th, Hembree of the 67th and Smith of the 113th: 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 relating to the lottery for education, so as to impose certain limitations on book allowances and mandatory fee payments under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Pursuant to Article 3, Section 5, Paragraph XIII of the Constitution of the State of Georgia, this vetoed Bill is immediately transmitted to the Senate where it shall be immediately considered. Senator Williams of the 19th asked unanimous consent that the veto overrides be referred to the Senate Rules Committee. Without objection the President referred the veto overrides to the Senate Rules Committee. Senator Williams of the 19th moved that the Senate stand in recess until 5:00 p.m. and then adjourn until 10:30 a.m., Tuesday, January 15, 2008. MONDAY, JANUARY 14, 2008 73 Senator Williams asked unanimous consent that all veto overrides received by the Secretary during the period of recess today be referred to the Senate Rules Committee. There was no objection and the motion prevailed at 11:30 a.m. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has overridden the Veto of the following Bill of the House by the requisite constitutional majority: HB 451. By Representatives Lewis of the 15th, Stephens of the 164th, Parrish of the 156th and Watson of the 91st: 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 taxation, so as to provide for a program of tax refunds for companies creating certain tourism attractions; to provide for a short title; to define terms; to state legislative findings; to provide for conditions of eligibility and approval by the Department of Economic Development and a local government; to provide for agreements between that department and companies; to provide for regulations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Pursuant to Article 3, Section 5, Paragraph XIII of the Constitution of the State of Georgia, this vetoed Bill is immediately transmitted to the Senate where it shall be immediately considered. Mr. President: The House has overridden the Veto of the following Bill of the House by the requisite constitutional majority: HB 218. By Representative Day of the 163rd: A BILL to be entitled an Act to amend Code Section 52-2-10 of the Official Code of Georgia Annotated, relating to the application of traffic laws and enforcement by security guards employed with the Georgia Ports Authority, so as to require that those employees of the authority who are authorized to exercise the powers of arrest shall be certified peace officers subject to the Georgia Peace Officer Standards and Training Council; to provide for related 74 JOURNAL OF THE SENATE matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Pursuant to Article 3, Section 5, Paragraph XIII of the Constitution of the State of Georgia, this vetoed Bill is immediately transmitted to the Senate where it shall be immediately considered. Mr. President: The House has overridden the Veto of the following Bill of the House by the requisite constitutional majority: HB 69. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records to be kept on drivers in Georgia, so as to prohibit the Department of Driver Services from charging a fee for viewing a drivers record online; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Pursuant to Article 3, Section 5, Paragraph XIII of the Constitution of the State of Georgia, this vetoed Bill is immediately transmitted to the Senate where it shall be immediately considered. Mr. President: The House has overridden the Veto of the following Bill of the House by the requisite constitutional majority: HB 91. By Representatives Chambers of the 81st, Harbin of the 118th, Ehrhart of the 36th and Martin of the 47th: A BILL to be entitled an Act to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch generally, so as to require each department, commission, authority, and agency of the executive branch of government to provide certain reports annually to the General Assembly; to provide for the contents of such reports; to provide for the time of submitting such reports; to provide for related matters; to repeal conflicting laws; and for other purposes. Pursuant to Article 3, Section 5, Paragraph XIII of the Constitution of the State of Georgia, this vetoed Bill is immediately transmitted to the Senate where it shall be immediately considered. MONDAY, JANUARY 14, 2008 75 Mr. President: The House has overridden the Veto of the following Bill of the House by the requisite constitutional majority: HB 529. By Representatives Royal of the 171st, Harbin of the 118th, Keen of the 179th, Reese of the 98th, Hill of the 21st and others: A BILL to be entitled an Act to amend numerous provisions of the Official Code of Georgia Annotated so as to reflect changes in the organization of the General Assembly with respect to budgetary functions; to provide an effective date; to repeal conflicting laws; and for other purposes. Pursuant to Article 3, Section 5, Paragraph XIII of the Constitution of the State of Georgia, this vetoed Bill is immediately transmitted to the Senate where it shall be immediately considered. Mr. President: The House has overridden the Veto of the following Bill of the House by the requisite constitutional majority: HB 441. By Representatives Floyd of the 147th, Mills of the 25th, Parrish of the 156th, Royal of the 171st and Knight of the 126th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition and computation of income taxes, so as to revise provisions relative to adjustment of taxable income with respect to income from federal obligations and certain other obligations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Pursuant to Article 3, Section 5, Paragraph XIII of the Constitution of the State of Georgia, this vetoed Bill is immediately transmitted to the Senate where it shall be immediately considered. Mr. President: The House has overridden the Veto of the following Bill of the House by the requisite constitutional majority: 76 JOURNAL OF THE SENATE HB 559. By Representatives Kaiser of the 59th, Sheldon of the 105th, Ashe of the 56th, Jones of the 46th, Thomas of the 55th and others: A BILL to be entitled an Act to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for teachers and other school personnel in elementary and secondary education, so as to provide for teachers and employees of charter schools to be considered employees for purposes of participating in the health insurance plans for teachers and other school personnel; to provide for related matters; to repeal conflicting laws; and for other purposes. Pursuant to Article 3, Section 5, Paragraph XIII of the Constitution of the State of Georgia, this vetoed Bill is immediately transmitted to the Senate where it shall be immediately considered. Mr. President: The House has overridden the Veto of the following Bill of the House by the requisite constitutional majority: HB 807. By Representatives England of the 108th and Sheldon of the 105th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Auburn, approved February 17, 1949 (Ga. L. 1949, p. 807), as amended, particularly by an Act approved April 19, 1989 (Ga. L. 1989, p. 5011), so as to provide that certain areas shall not be included as part of the City of Auburn; to provide for submission; to repeal conflicting laws; and for other purposes. Pursuant to Article 3, Section 5, Paragraph XIII of the Constitution of the State of Georgia, this vetoed Bill is immediately transmitted to the Senate where it shall be immediately considered. Mr. President: The House has overridden the Veto of the following Bill of the House by the requisite constitutional majority: HB 413. By Representatives Martin of the 47th, Geisinger of the 48th, Willard of the 49th and Jones of the 46th: 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 MONDAY, JANUARY 14, 2008 77 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. Pursuant to Article 3, Section 5, Paragraph XIII of the Constitution of the State of Georgia, this vetoed Bill is immediately transmitted to the Senate where it shall be immediately considered. Pursuant to an earlier adopted motion, the Senate stood adjourned at 5:00 p.m. 78 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, January 15, 2008 Second Legislative Day The Senate met pursuant to adjournment at 10:30 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 Senate legislation was introduced, read the first time and referred to committee: SB 339. By Senators Hill of the 32nd, Heath of the 31st, Mullis of the 53rd, Goggans of the 7th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning parks, historic areas, memorials, and recreation, so as to provide that persons who have valid firearms licenses shall be authorized to possess and carry firearms in state parks, historic sites, and recreational areas; to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions concerning hunting, so as to provide that persons who have valid firearms licenses shall be authorized to possess and carry firearms in wildlife management areas; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 340. By Senators Pearson of the 51st, Rogers of the 21st, Johnson of the 1st, Williams of the 19th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to prohibit sanctuary policies by local governmental entities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for TUESDAY, JANUARY 15, 2008 79 other purposes. Referred to the Veterans, Military and Homeland Security Committee. SB 341. By Senators Hawkins of the 49th, Murphy of the 27th, Thomas of the 54th, Smith of the 52nd, Carter of the 13th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to the Council on Aging, so as to assign additional duties and powers to the council; to require that the council study certain matters and produce a report; to provide a certain date by which the report must be distributed; to provide for the appointment of advisory committees; to provide for reimbursement of expenses incurred by advisory committee members; to provide for the cooperation of other state departments and agencies; to require an interim progress report; to provide for automatic repeal of said provisions; to provide for related matters; to provide for an effective date contingent on funding; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 342. By Senators Pearson of the 51st, Tolleson of the 20th, Johnson of the 1st, Williams of the 19th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Code Section 2-6-27 of the O.C.G.A., relating to additional powers and duties of the State Soil and Water Conservation Commission, so as to change certain provisions relating to additional powers and duties of the State Soil and Water Conservation Commission; to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to change certain provisions relating to powers of the Environmental Protection Division with respect to federal acts and receipt and expenditure of federal and state appropriations; to provide for issuance of permits, certifications, and other documents relating to construction of new public water supply reservoirs by local government entities; to provide a short title; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 701. By Senators Tolleson of the 20th, Pearson of the 51st, Harp of the 29th, Henson of the 41st, Hamrick of the 30th and others: A RESOLUTION to ratify a certain comprehensive state-wide water 80 JOURNAL OF THE SENATE management plan; to provide for force and effect; to provide for construction; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 706. By Senators Staton of the 18th, Thomas of the 54th, Adelman of the 42nd, Harp of the 29th, Unterman of the 45th and others: A RESOLUTION urging the United States Congress and the President to enact legislation to increase physician residencies funded by medicare in Georgia; and for other purposes. Referred to the Rules Committee. 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. The following communication was received by the Secretary: The State Senate Atlanta, Georgia 30334 January 14, 2008 The Honorable Bob Ewing Secretary of the Senate State Capitol Atlanta, GA 30334 Dear Mr. Secretary: I request to be excused on Tuesday, January 15, due to a death in my family in North Carolina. The funeral will be held at that time. I will be in attendance for the Session on Wednesday, January 16. Thank you for your consideration. Sincerely, /s/ Steve Thompson The following Senators were excused for business outside the Senate Chamber: Davenport of the 44th Tarver of the 22nd Fort of the 39th Hill of the 4th TUESDAY, JANUARY 15, 2008 81 The roll was called and the following Senators answered to their names: Adelman Balfour Brown Bulloch Butler Carter Chance Chapman Cowsert Douglas Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Judson Hooks Hudgens Jackson Johnson Jones Me V Bremen Moody Mullis Murphy Orrock Pearson Powell Ramsey Reed Rogers Schaefer Seabaugh Seay Shafer,D Smith Staton Stoner Tate Thomas,D Thomas,R Thompson,C Tolleson Unterman Wiles Not answering were Senators: Davenport (Excused) Tarver (Excused) Williams Fort (Excused) Thompson, S (Excused) Hill, Jack (Excused) Weber (Excused) Senator Williams of the 19th 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 Johnson of the 1st introduced the chaplain of the day, Pastor Steve Lane of Richmond Hill, Georgia, who offered scripture reading and prayer. Senator Hawkins of the 49th introduced the doctor of the day, Dr. Jack Chapman. The following resolutions were read and adopted: SR 691. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Officer Shane Collie of the Woodstock Police Department; and for other purposes. 82 JOURNAL OF THE SENATE SR 692. By Senator Rogers of the 21st: A RESOLUTION commending Linda Fullbright; and for other purposes. SR 693. By Senator Rogers of the 21st: A RESOLUTION commending Patrick Johnson; and for other purposes. SR 694. By Senator Rogers of the 21st: A RESOLUTION commending David Anthony Burke; and for other purposes. SR 695. By Senator Rogers of the 21st: A RESOLUTION commending Malcolm Jackson; and for other purposes. SR 696. By Senator Rogers of the 21st: A RESOLUTION commending Andrew Stembridge; and for other purposes. SR 697. By Senator Douglas of the 17th: A RESOLUTION recognizing and commending Lieutenant Bill Greene of the Powder Springs Police Department; and for other purposes. SR 698. By Senator Golden of the 8th: A RESOLUTION honoring and celebrating the life of Mrs. Mildred Morse Hunter; and for other purposes. SR 699. By Senator Golden of the 8th: A RESOLUTION recognizing and commending Robert Jenkins on his retirement; and for other purposes. SR 700. By Senators Moody of the 56th, Staton of the 18th, Shafer of the 48th, Jones of the 10th, Weber of the 40th and others: A RESOLUTION recognizing and commending the 2008 Intel International Science and Engineering Fair; and for other purposes. TUESDAY, JANUARY 15, 2008 83 SR 702. By Senators Heath of the 31st, Smith of the 52nd, Thomas of the 54th and Rogers of the 21st: A RESOLUTION commending the Cartersville Senior League All Stars; and for other purposes. SR 703. By Senator Hooks of the 14th: A RESOLUTION recognizing and commending Lorenzo Wilder; and for other purposes. SR 704. By Senators Rogers of the 21st, Grant of the 25th, Balfour of the 9th and Unterman of the 45th: A RESOLUTION commending the Georgia Tech women's tennis team on winning the 2007 NCAA National Women's Tennis Championship; and for other purposes. SR 705. By Senators Rogers of the 21st, Johnson of the 1st, Williams of the 19th, Pearson of the 51st, Douglas of the 17th and others: A RESOLUTION recognizing and commemorating Wednesday, February 6, 2008, as "Ronald Reagan Day"; and for other purposes. SR 707. By Senators Pearson of the 51st and Schaefer of the 50th: A RESOLUTION recognizing and commending Thomas C. Gilliland on the occasion of his retirement from United Community Banks, Inc.; and for other purposes. The following resolution was read and put upon its adoption: HR 1019. 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 Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes. On the adoption of the resolution, the yeas were 33, nays 0, and the resolution was adopted. The President appointed as a Committee of Escort on the part of the Senate the following 84 JOURNAL OF THE SENATE Senators: Johnson of the 1st, Hill of the 4th, Golden of the 8th, Brown of the 26th, Seabaugh of the 28th, Adelman of the 42nd and Moody of the 56th. The following resolution was read and put upon its adoption: HR 1020. 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. On the adoption of the resolution, the yeas were 29, nays 0, and the resolution was adopted. The following resolution was read and put upon its adoption: HR 1021. 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 the General Assembly shall adjourn at the close of the legislative day on Friday, January 18, 2008, and shall reconvene on Monday, January 28, 2008. BE IT FURTHER RESOLVED that for the duration of the remainder of the 2008 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. On the adoption of the resolution, the yeas were 41, nays 0, and the resolution was adopted. Senator Williams of the 19th moved that the Senate adjourn until 10:30 a.m. Wednesday, January 16, 2008. The motion prevailed, and the President announced the Senate adjourned at 11:13 a.m. WEDNESDAY, JANUARY 16, 2008 85 Senate Chamber, Atlanta, Georgia Wednesday, January 16, 2008 Third Legislative Day The Senate met pursuant to adjournment at 10:30 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 338. By Senators Murphy of the 27th, Hawkins of the 49th, Thomas of the 54th, Heath of the 31st, Williams of the 19th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relating to insurance generally, so as to prohibit prior authorization for a prescription drug which a drug manufacturer provides to a community pharmacy at the lowest price of a pricing structure; to provide for definitions; to provide for related powers and duties; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 343. By Senators Golden of the 8th and Stoner of the 6th: A BILL to be entitled an Act to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to provide legislative findings; to create a "Made in Georgia" program; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. SB 344. By Senators Moody of the 56th, Hooks of the 14th, Seabaugh of the 28th, Golden of the 8th, Chance of the 16th and others: A BILL to be entitled an Act to amend Titles 2, 10, 12, 20, 45, 46, and 50 of 86 JOURNAL OF THE SENATE the Official Code of Georgia Annotated, relating to agriculture, commerce and trade, conservation and natural resources, education, public officers and employees, public utilities and public transportation, and state government, respectively, so as to repeal and abolish certain boards and commissions that have become inactive, obsolete, antiquated, or unnecessary; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. SB 345. By Senators Harbison of the 15th, Douglas of the 17th, Moody of the 56th, Hooks of the 14th and Seay of the 34th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to adopt the Interstate Compact on Educational Opportunity for Military Children; to create the Interstate Commission on Educational Opportunity for Military Children; to provide for the members of the interstate commission and their service; provide for an executive committee and its membership and duties; to provide for the powers, duties, organization, and operations of the commission; to provide for oversight, enforcement, and dispute resolution; to provide for financing of the interstate commission; to provide for member states, effective date, and amendments; to provide for withdrawal and dissolution; to provide for binding effect and other laws; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SR 686. By Senators Johnson of the 1st, Rogers of the 21st, Williams of the 19th, Adelman of the 42nd, Seabaugh of the 28th and others: A RESOLUTION proposing an amendment to the Constitution so as to require the freezing of existing residential real property values and to provide that residential real property and interests therein shall be appraised for ad valorem taxation purposes at their fair market value as of the date of the owners acquisition thereof; to provide for conditions and limitations regarding valuation increases; to provide for authority of the General Assembly with respect to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Finance Committee. The following committee reports were read by the Secretary: WEDNESDAY, JANUARY 16, 2008 87 Mr. President: The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 701 Do Pass Respectfully submitted, Senator Tolleson of the 20th 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 89 SB 76 Do Pass by substitute Do Pass Respectfully submitted, Senator Balfour of the 9th District, Chairman Senator Schaefer of the 50th introduced the doctor of the day, Dr. Terry Greene. Senator Adelman of the 42nd asked unanimous consent that Senator Henson of the 41st be excused. The consent was granted, and Senator Henson was excused. Senator Thompson of the 33rd was excused for business outside the Senate Chamber. The roll was called and the following Senators answered to their names: Adelman Brown Bulloch Butler Carter Chance Chapman Cowsert Davenport Douglas Fort Goggans Hawkins Heath Hill,Jack Hooks Hudgens Jackson Johnson Jones Me V Bremen Moody Mullis Murphy Reed Schaefer Seabaugh Seay Shafer,D Smith Staton Tarver Tate Thomas,D Thomas,R Tolleson 88 JOURNAL OF THE SENATE Golden Grant Hamrick Harbison Harp Orrock Pearson Powell Ramsey Unterman Weber Wiles Williams Not answering were Senators: Balfour Rogers Thompson, S (Excused) Henson (Excused) Stoner Hill, Judson Thompson, C Senator Rogers was off the floor of the Senate when the roll was called and wished to be recorded as present. Senator Thomas of the 2nd introduced the chaplain of the day, Reverend Alphonso Piper of Savannah, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 708. By Senators Meyer von Bremen of the 12th and Hooks of the 14th: A RESOLUTION remembering and honoring the life of John Temple Phillips, Jr.; and for other purposes. SR 709. By Senators Meyer von Bremen of the 12th and Hooks of the 14th: A RESOLUTION honoring and remembering the life of Morgan Grier Murphy; and for other purposes. SR 710. By Senators Johnson of the 1st and Thomas of the 2nd: A RESOLUTION honoring and commending Dennis Baxter, extraordinary public servant, on the occasion of his retirement; and for other purposes. SR 711. By Senators Heath of the 31st, Goggans of the 7th, Mullis of the 53rd, Carter of the 13th and Brown of the 26th: A RESOLUTION proclaiming January 17, 2008, "Sportsmens Day at the Capitol"; and for other purposes. WEDNESDAY, JANUARY 16, 2008 89 SR 712. By Senator Golden of the 8th: A RESOLUTION recognizing and commending the Valdosta State College football team for winning the 2007 NCAA Division II National Championship; and for other purposes. SR 713. By Senator Golden of the 8th: A RESOLUTION recognizing and commending David Dean as head coach of the Valdosta State College football team; and for other purposes. SR 714. By Senators Rogers of the 21st, Johnson of the 1st, Balfour of the 9th, Grant of the 25th and Unterman of the 45th: A RESOLUTION commending Mr. Andrew J. Harris; and for other purposes. SR 715. By Senators Seay of the 34th, Johnson of the 1st, Brown of the 26th, Butler of the 55th, Tate of the 38th and others: A RESOLUTION urging the General Assembly to commemorate the life and work of Georgias own Dr. Martin Luther King, Jr. by contributing funds for the Washington, D.C. Martin Luther King, Jr. National Memorial; and for other purposes. Senator Johnson of the 1st moved that the Senate stand in recess until the Joint Session and upon dissolution of the Joint Session stand adjourned until 10:00 a.m. Thursday, January 17, 2008. At 11:05 a.m. the President announced that the motion prevailed. 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 1019 authorizing the Joint Session of the Senate and House was read by the Clerk of the House. His Excellency, Governor Sonny Perdue, addressed the Joint Session of the Senate and the House of Representatives as follows: Mr. President, Mr. Speaker, President Pro Tem Johnson, Speaker Pro Tem Burkhalter and members of the General Assembly... 90 JOURNAL OF THE SENATE My fellow constitutional officers...Justices of the Supreme Court and Judges of the Court of Appeal...members of the Consular Corps ... Other distinguished guests and my fellow Georgians ... as we gather in these chambers today I come before you to speak about our present, and of our future. But first, I want to share with you a story of our past. I give you a snapshot of Georgia in the 1880's at the midpoint of our fledgling state's history, halfway between our founding in 1733 and where we stand in 2008. Although their spirits were buoyant with hope for the future, the challenges of rebuilding created a stark reality for Georgians. In 1889, Henry Grady, one of the great fathers of the New South, spoke these words: "I attended a sad funeral once in Pickens County. They buried a fellow near a marble quarry; and yet the tombstone they put above him was from Vermont. They buried him in the heart of a pine forest, and yet the pine coffin came from Cincinnati. They buried him by an iron mine, and yet the nails in his coffin were from Pittsburgh. They buried him near the best sheep-grazing country on earth, and yet the wool in the coffin bands was brought from the North. The South didn't furnish a thing on earth for that funeral but the corpse and the hole in the ground. The dirt clods rattled down on his coffin, and they buried him in a New York coat and a Boston pair of shoes, leaving him nothing to carry into the next world to remind him of the country in which he lived." This was in 1889, just 25 years after Georgia was burned to the ground. No other state that endured devastation on this scale has risen to overcome it so magnificently. Even our largest city has embraced the symbol of the phoenix and 150 years after the civil war, this state has risen out of the ashes to international prominence. We are seeing the repatriation of southerners who left in the 40's, 50's, 60's to find opportunities outside the south. But this is not just a sweet, sentimental homecoming. Today, the children and grandchildren of those who left are returning en masse to find the hope and opportunity their parents left to pursue. Small hometowns across the state are brimming with prospects. Ladies and gentlemen, this is a change in which we may all rejoice. In his speech, Henry Grady went on to say that things were changing that marblecutting and wool mills and iron factories had sprung up around this old grave. He spoke of the future with hope and confidence. But friends, today Georgia is no longer playing catch-up. Today Georgia is setting the pace. The triumphant drumbeat of our progress proclaims a new anthem and a new era for WEDNESDAY, JANUARY 16, 2008 91 Georgia. Not just as the capital of the New South, not just another great American city but an international leader an economic . . . cultural . . . technological capital. Georgia was one of the original 13 colonies. But look at the growth that has reached its fingers across this country, first to the northeast, then to the westward expanse, and now back. It's coming back, ladies and gentlemen. It means change coming `round to the new south. It's coming to Georgia. And it fills me with hope and exuberance ... it lifts me with a clear sense of purpose, and a determined sense of obligation and stewardship. Grady told us the story of Georgia that once was. But the story of Georgia today and tomorrow is what I see, what I want to share with you: It's the story of a baby boy, born just last Friday afternoon at Northside Hospital. This little boy has no idea of the opportunities to come from this place. He will get a bright start with Georgia Pre-K, will be vaccinated with medicines created in this state, treated by doctors and taught by teachers that are the best in the world. He will drive a car made in West Georgia, running on biofuel made here, too. He will fly in and out of the busiest airport in the world. He will attend a world-class university paid for by the HOPE scholarship, where research is conducted that will change the face of the future. My grandson, Samuel, just 5 days old, will grow up in a new Georgia. Times have changed and are changing even as we speak. Can you imagine that our Georgia, in 2007, was a leader in terms of real population growth only behind the two largest states in the nation! 2.2 million people have moved here in the last 12 years and they have brought with them their families, their businesses, their cultures, their knowledge and they have trusted us with their futures. We are emerging as more than the capital of the New South but an international capital. When you say "Georgia" or "Atlanta" in countries abroad ... they no longer just think of Gone with the Wind and Tara Plantation. They think of Coca-Cola, Martin Luther King, CNN, the Masters, historic Savannah, the Olympics, and the world's busiest airport with 280 national and international nonstop destinations. They think of a major economic player, a global transportation hub, a center for culture. They picture a place millions of people call home a place people across the world want to call home. We've led our region in a business and cultural alliance with our neighbors to the north, and our largest trading partner, with the South East US-Canada Alliance. And I plan to be on Delta's inaugural flight to Shanghai this spring, and will be turning the key on Georgia's new trade office in Beijing. That date will be March the 30th that's a hint. This will help forge business ties between our state and the 1.3 billion people of China 92 JOURNAL OF THE SENATE but we also hope to foster an exchange of culture and ideas between our two countries. America's traditional capitals of culture and commerce, of leadership and lawmaking, are showing their age. A new generation of Americans is coming South. They are coming to Georgia to build their futures, our future to build an American future. Now, what is it that brings people here? I think it's that sweet fragrance of optimism. The basic truth that humans hope continually for the promise of a better life. That's why people move to find opportunity. It's a simple story, told again and again, the startling hope that comes with raising a child and realizing you can give them a better life than you had. People want schools that help their children achieve. They want clean, abundant natural resources. They want quality health care. They want a happy home, a steady job that will provide for the family. And they want roads that will get them between the two. These are things other states shoot for, things they aspire to but ladies and gentlemen, I'm proud to say they are a reality here in Georgia. Georgia's future is as an international capital. To achieve this, we must be a low tax state. Georgians have benefited from $2.8 billion in tax relief in the last 5 years but to continue on this track, we can do more we must do more. The Senior Income Tax Cut will not only reward a generation that's worked hard to bring our state so far it will spur economic development, keeping dollars in Georgia. It will keep families together as grandparents stay close by and as we begin to see retirees follow their children here. This year I'm also proposing to the legislature a constitutional amendment to eliminate the state portion of property tax. This would do away with state portion of the ad valorem tax providing another $94 million in tax relief to Georgia home and automobile owners. We will also remove the excuse that some local governments have given for reassessing property values. I am proud to offer these agenda items, because I believe in fiscal responsibility, and I believe in tax relief for the people of Georgia. In the last five years we have brought an astonishing number of new companies to Georgia. In the last 6 months alone, international investment is up 56%! Kia motors in West Point. That's 2,893 jobs. Plus 2500 more from suppliers what does that mean for Georgia? It means transforming a dusty mill town in western Georgia into an advanced manufacturing center of the future. With us in the gallery this afternoon is a young lady I'd like to recognize. Kim Blackmon, would you please stand up? Kim and her husband have five children that they work very hard to support. Kim not only works hard she works smart. In addition to working two jobs during the WEDNESDAY, JANUARY 16, 2008 93 day, she's taking evening classes at West Georgia Tech, where she's already earned a degree in Computer Information Systems. She's applying for a job with Kia and Kia suppliers and hopes to take advantage of the new opportunities coming to West Georgia. Kim, I want to commend you for all you're doing to make a better life for your family. And I pledge on behalf of my colleagues in this body today, to do what we can to bring you and your classmates more opportunities more jobs more investment all over Georgia, so that other families can follow your lead. If we are to proceed down a path of smart growth, there are issues we must address. First, we must bring transportation and our system of infrastructure into the future. As DOT comes under new leadership, we look forward to delivering real value for our dollars. I expect to see great changes taking place in Georgia transportation. I expect GRTA and SRTA to fulfill their mission and continue pursuing their individual roles but I also expect to see renewed cooperation and collaboration between them. And as an example of that cooperation, I am pleased to recommend expanding Commissioner Gena Abraham's responsibilities to include serving as Director of State Road and Tollway Authority. She has a remarkable record in terms of agency success, and has proven herself to be a strong leader with an eye for what makes things work for our citizens and businesses. I have great confidence in Dr. Abraham and with her experience in project delivery, I believe Georgians will soon see the value of their transportation dollars, whether it means congestion relief in the metro areas, or paving economic development highways in the rest of our state. I am also happy to announce the creation of a Transportation Infrastructure Bank, to give local governments low-interest loans to complete essential transportation projects. This will be a $50 million revolving loan fund dollars will be paid back and made available for new projects like roads, bridges and transit. Creativity, cooperation and perseverance will help bring Georgia transportation into the future. Together we will make our state more and more appealing to businesses, people and investors around the world. Another issue area we tackle as we grow is the smart management of our resources. The Water Plan was recommended unanimously by the Water Council last week with wide support and approval from stakeholders. I thank Speaker Richardson and Lt. Governor Cagle for their support and Dr. Carol Couch for her leadership throughout this inclusive process. I understand both bodies are anxious to address this important issue and move forward. I want to thank the Senate and House Natural Resources Committees for quickly addressing the water plan I am proud to say that I am committed to its full funding. We have identified more than $11 million of initial funding to help us immediately 94 JOURNAL OF THE SENATE implement this historic roadmap for the future. Now, we don't want the state of Georgia to usurp the rightful role and responsibility of local government to provide for the adequate supply of clean drinking water. But we do want to support them in this endeavor. So this year's budget will invest $120 million in water infrastructure and reservoirs. I want to caution that this is not a silver bullet: more room for storage will not make the rains come. But investing in reservoirs is a part of the formula for smart growth. And I pledge now that Georgia will be a model of smart growth. We will grow responsibly. We will grow into the city upon a hill, with the eyes of all people upon us. We will conserve and use this precious and vital resource wisely. We will reuse it so we consume as little as we need. We will respect the resources that we share with our neighbors. But hear me now we will not allow others outside this state to hamper our progress by limiting our access to the waters that fall on our land. That will not happen on this Governor's watch. For people coming to a new place, health and health care is a serious concern. We have great minds in this state working in our universities, the CDC, and private research facilities across the state. We will soon have a world-class scientific research park at Fort McPherson. I announced yesterday that Georgia, along with our private sector partners, will invest $40 million for venture capital to commercialize research in areas like biosciences and medicine coming out of our universities. Friends, Georgia will lead the way as a global center for health. Health insurance is an ongoing battle for many small businesses I think we can all identify someone in our hometowns that is struggling to meet rising costs in health care for their employees. This is why we announced the Health Insurance Partnership last year so that small business employees can be covered under a group policy. We will invest $17 million in the partnership. And if the legislature approves the plan, thousands of workers across the state will have the security and dignity of health coverage. And the small businesses of Georgia will have confidence knowing they can afford to do the right thing. We have a guest sitting in the gallery with us Nathelia LeSane. This is a young lady who represents another direction we are taking healthcare in Georgia. When Nathelia was nine years old, she was diagnosed with a bone condition that would require years of painful orthopedic surgeries to rebuild. When she had trouble getting the treatment she needed, the Shriners stepped in. They helped Nathelia and her mother find a hospital and they provided some desperately needed financial support. I am pleased to announce a new partnership in the works between the State of Georgia WEDNESDAY, JANUARY 16, 2008 95 and the Shriners Hospital. They have agreed to treat our young Georgians on PeachCare with serious and cost-prohibitive orthopedic needs, free of charge, in the Shriners Hospital in Greenville. This will give these young people a unique opportunity to receive expert medical care. This exciting partnership is the first of its kind, and we are honored to work with a group with such an extraordinary dedication to philanthropy. We've also been hearing a lot lately about trauma. We've seen the symptoms of a serious need for change in Grady Hospital here in Atlanta. But the need for trauma funding is a state-wide concern, one that affects millions of people. This year, my budget recommendations include $53 million in appropriations to strengthen Georgia's trauma system. I want to make this clear: this is not a blank check. The elected leaders of this state, both in the executive branch and the general assembly, expect and demand that the recipients of these taxpayer dollars serve as good stewards of these funds. One way we'll pay for this trauma network will be increased fines on reckless drivers. "Super Speeders" will pay for the damage they cause. We simply want our roads to be safe, and keeping the speed down is one part of that. Increasing law enforcement presence on our roads is another way to keep them safe. We are making fundamental changes to recruitment practices for public safety and this year we are adding more than 200 state troopers. By the time I leave office, the Georgia State Patrol will operate at full capacity, and people will once again look to it as the noble law enforcement career it truly is. All these things taxes, resources, transportation, health and safety they all add up to a world-class destination, a global capital. But above all these issues, more important to the future of our people than any other on earth, is our basic duty to our children. Education is the best investment we can make in our future. We have come a long way in the last five years raising graduation rates, strengthening curricula, seeing test scores and achievement go up. We've kept our teachers the highest paid in the Southeast and yes, teachers, you can all look forward to the $100 Classroom Gift Card we will issue once again this summer. In the gallery today sit two bright faces that have benefited from our education system. Tiffany and Ashley Vann, would you two please stand up? Tiffany is a senior and Ashley a junior at Southwest DeKalb High School. These young ladies were enrolled in the first Georgia Pre-K classes funded by the lottery and they are applying to our world-class universities with plans to take advantage of the HOPE scholarship. As the first Pre-K class enters college this fall, we see how Georgia has made it possible for these outstanding students and their classmates to enjoy a lifetime of learning. This includes adding $6.4 million in lottery funds to bring the total number of Pre-K slots up to 79,000 giving more of our young children the opportunities Tiffany and 96 JOURNAL OF THE SENATE Ashley capitalized on. Tiffany and Ashley I am proud of you. You should take pride in what you've accomplished. And I pledge today to continue our work to make Georgia's education system the best in the nation. Our next step in education is getting parents involved in their child's education. We can teach and coach and motivate a student all day long but if they don't show up for the game, we will lose. Yesterday morning I announced the "VIP Recruiter" program Very Important Parent Recruiters. We will invest $14.25 million, targeting our schools with the poorest attendance rates. Simply put, a child's attendance record is a direct result of parental involvement. These recruiters will help parents understand the education system, to help them make a connection with their child's teachers. They will learn how and why to be supportive of their child's education. I am also pleased to recommend $65 million to bolster our transportation and technology in K-12. I have heard the call from our educators and our legislators and school buses and 21st century technology are the two areas where I know this powerful investment are most needed. Georgia continues to move up in education. The best way to continue on that path in our schools is to link flexibility with accountability. That's exactly what the IE2 Partnership is doing offering new options in exchange for performance. Can I remind you, IE2 stands for "Investing in Educational Excellence." I thank Lt. Governor Cagle for his leadership on charter schools and charter systems but we're not stopping there. We want every school in Georgia to earn the flexibility charter schools enjoy. It's about local control local decision making and swift sanctions for lack of performance. This is an innovative, forward-looking idea to come out of the IE2 task force. It's an idea that will change the future of education and an idea with which Georgia will lead. Ronald Reagan pointed out that the American people have a love affair with the future. We like the idea of it, the sound of it we are intoxicated by the promise of it. We work hard today, so that we may make a new day better, not just for ourselves, but for our children, and our children's children. This year our great state celebrates a milestone birthday we have been building the future of Georgia for 275 years now. The last five years have led us toward a new, brighter, more prosperous future. And we will continue down that path building momentum, gaining speed and we will let no one stand in our way. We have another guest of honor in the gallery today one more face representing the hope and possibility of the future for Georgia: Brigadier General Maria Britt, the first WEDNESDAY, JANUARY 16, 2008 97 female general in the great history of the Georgia Guard. Georgia has a long, distinguished military history, with a deep reverence for our men and women in uniform. These individuals make everything we do possible. Their service to our country brings safety to our shores and across the globe. Their work allows us to play with our children, to worship a great God, think and speak freely, live our lives and plan our futures without fear. You cannot put a price on liberty... but we know it is not free. We are each eternally grateful to Brigadier General Britt and the 1.4 million servicemen and women defending this beautiful, bountiful country. In February 1733, our state's founders and the first colonists, sailing on "the Ann," landed in Savannah and first set foot on these shores. In my first inaugural address I invoked their motto, the spirit of their endeavor: "not for ourselves. . . but for others." This is a spirit we carry on with us today. I want to share with you the personal words of our founder, James Oglethorpe, first Governor of Georgia, as he stood on "the Ann" and invited settlers to come to the new colony. He spoke of the heady excitement of coming together to create something great, and said that "every little will do something; and a great number of small benefactions will amount to a sum capable of doing a great deal of good." It is a quiet revolution that takes place, when the people know that every little will do something. And a great number will amount... to a great deal of good. In the end, this is what my vision for Georgia comes down to. We are poised on the brink of international prominence. Will we move forward to a triumphant drumbeat with the knowledge that it's a great number of small benefactions that will accomplish a great deal of good? Will we stand with open arms to greet the future we have built for ourselves? Ladies and gentlemen, I stand by this promise: we will. We will carry on the work of our forefathers, we will fulfill the founding vision of the first Governor of Georgia. The responsibility to lead us in that work falls to me as Governor. My vision for Georgia is one driven by a faith in the collective power of many simple dreams. It's a vision that fits those words, spoken 275 years ago. It's a vision driven by the calm understanding that many small things add up to great ones. Ladies and gentlemen, I sense a yearning to make this great state even greater. We Georgians are not content to stand on the achievements of the past no, we are eager to create a better future for our children, and our children's children. This era will be glorious for Georgia. We will be the city on a hill that shines brightly lighting the path of those around us. We will not only be the triumph of the southeast, of the nation but of our globe. And so long as we have faith in what we can accomplish by working together that 98 JOURNAL OF THE SENATE course will lead our state to further greatness. I stand before you today, ever more confident that our best days are yet to come. God bless you. God bless America...and God bless the great state of 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. Pursuant to the provisions of a previously adopted motion, the Senate adjourned until 10:00 a.m. Thursday, January 17, 2008. THURSDAY, JANUARY 17, 2008 99 Senate Chamber, Atlanta, Georgia Thursday, January 17, 2008 Fourth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Mullis of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following Senate legislation was introduced, read the first time and referred to committee: SB 346. By Senators Hudgens of the 47th, Hawkins of the 49th, Murphy of the 27th, Staton of the 18th and Johnson of the 1st: A BILL to be entitled an Act to amend Code Section 51-1-29.2 of the Official Code of Georgia Annotated, relating to liability of voluntary health care providers and sponsoring organizations, so as to provide that medical care professionals who provide services at free health clinics may receive compensation for his or her services from the free health clinic without affecting their immunity from liability under certain circumstances; 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 347. By Senators Hudgens of the 47th and Rogers of the 21st: A BILL to be entitled an Act to amend Chapter 10 of Title 33 of the Official Code of Georgia Annotated, relating to assets and liabilities of insurance companies, so as to provide that software may be considered an admitted asset when determining the financial condition of insurance companies; 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. 100 JOURNAL OF THE SENATE SB 348. By Senators Hudgens of the 47th and Rogers of the 21st: A BILL to be entitled an Act to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes regarding insurance, so as to provide that the imposition of any fees or taxes for services provided by counties or municipal corporations upon insurance companies is in contravention of public policy; 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 349. By Senators Wiles of the 37th, Hill of the 32nd, Stoner of the 6th, Rogers of the 21st, Douglas of the 17th and others: A BILL to be entitled an Act to amend Code Section 42-5-50 of the Official Code of Georgia Annotated, relating to transmittal of information on convicted persons and place of detention, so as to provide that after a convicted person has remained in custody of the local jail for a period of 90 days after a request for local custody has been filed on behalf of such person, the sheriff through the prosecuting attorney may petition the sentencing court for a hearing to determine whether such convicted person should be transferred to the custody of the commissioner of corrections; to provide for notice to the attorney of record for the convicted person; to provide for certain matters to be considered by the court; to provide that the court order shall specify the conditions of continued incarceration of the convicted person; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 350. By Senators Wiles of the 37th, Rogers of the 21st, Seabaugh of the 28th, Murphy of the 27th, Johnson of the 1st and others: A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to change certain provisions relating to drivers license requirement, surrender of prior licenses, and prohibition of local licenses; to change certain provisions relating to driving while license suspended or revoked; to specify punishments and exceptions for driving without being licensed; to amend Code Section 42-4-14 of the Official Code of Georgia Annotated, relating to determination of nationality of person charged with felony or driving under the influence and confined in a jail facility, so as to provide for determination of nationality of THURSDAY, JANUARY 17, 2008 101 person convicted of driving without being licensed; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 351. By Senators Cowsert of the 46th, Tolleson of the 20th, Bulloch of the 11th, Williams of the 19th, Smith of the 52nd and others: A BILL to be entitled an Act to amend Article 8 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to comprehensive state-wide water management planning, so as to provide for a joint State-wide Water Planning Oversight Committee and the members, powers, and duties thereof; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on action to contest rules, and legislative override, so as to change certain provisions relating to exceptions from legislative override; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 352. By Senators Cowsert of the 46th, Tolleson of the 20th, Bulloch of the 11th, Pearson of the 51st, Smith of the 52nd and others: A BILL to be entitled an Act to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on actions to contest rules, and legislative override, so as to change certain exemptions from legislative override; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 716. By Senator Hudgens of the 47th: A RESOLUTION dedicating the Jere Ayers Parkway; and for other purposes. Referred to the Transportation Committee. SR 718. By Senator Hooks of the 14th: A RESOLUTION honoring the 40th anniversary of the establishment of the American Camellia Society at Massee Lane Gardens in Peach County, 102 JOURNAL OF THE SENATE Georgia, and designating the headquarters facility with appropriate signage; and for other purposes. Referred to the Transportation Committee. SR 720. By Senators Douglas of the 17th, Chance of the 16th and Staton of the 18th: A RESOLUTION dedicating the Korean War Veterans Memorial Highway; and for other purposes. Referred to the Transportation Committee. SR 721. By Senators Rogers of the 21st, Smith of the 52nd, Hamrick of the 30th, Harp of the 29th, Wiles of the 37th and others: A RESOLUTION proposing an amendment to the Constitution so as to prohibit courts from ordering the General Assembly to pass laws, including laws to create or increase taxes or appropriations; to reaffirm that the power of appropriation of state revenues is reserved exclusively to the General Assembly; to limit the power of courts on matters involving appropriation of public money; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Finance Committee. The following committee report was read by the Secretary: Mr. President: The 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 801 Do Pass Respectfully submitted, Senator Wiles of the 37th District, Chairman The following legislation was read the second time: SR 701 THURSDAY, JANUARY 17, 2008 103 The following Senators were excused for business outside the Senate Chamber: Goggans of the 7th Orrock of the 36th The roll was called and the following Senators answered to their names: Adelman Balfour Brown Bulloch Butler Carter Chance Cowsert Davenport Douglas Fort Golden Grant Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Johnson Me V Bremen Moody Mullis Murphy Pearson Powell Ramsey Reed Rogers Schaefer Seabaugh Seay Shafer,D Smith Staton Stoner Tarver Tate Thomas,D Thomas,R Thompson,C Thompson,S Tolleson Unterman Weber Wiles Williams Not answering were Senators: Chapman Jones Goggans (Excused) Orrock (Excused) Hamrick The members pledged allegiance to the flag. Senator Ramsey of the 43rd introduced the chaplain of the day, Pastor Eric Wendel Lee, Sr., of Conyers, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 717. By Senator Goggans of the 7th: A RESOLUTION expressing regret at the passing of Sergeant Gene L. Lamie; and for other purposes. 104 JOURNAL OF THE SENATE SR 719. By Senator Douglas of the 17th: A RESOLUTION recognizing and commending James Tyler Phillips; and for other purposes. Senator Hill of the 32nd introduced the doctor of the day, Dr. Tom Cooper. 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, January 17, 2008 Fourth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 801 Pearson of the 51st Smith of the 52nd Thomas of the 54th COOSAWATTEE REGIONAL WATER AND SEWAGE AUTHORITY A BILL to be entitled an Act to create the Coosawattee Regional Water and Sewerage Authority; to provide for legislative intent; to provide for definitions; to provide for a board; to provide for certain powers; to provide for the limitation of certain powers; to provide for certain services to members of the water and sewerage authority; to require bonds from contractors; to provide certain requirements regarding contracts with the water and sewerage authority; to authorize the issuance of revenue bonds; to provide for the forms, denominations, registration, and placement of bonds; to require signature and seal on all bonds; to provide for the negotiability of bonds; to provide for certain exemptions from taxation; to provide for the sale and price of bonds; to provide for certain requirements for the proceeds of bonds; to provide for interest receipts and certificates or temporary bonds; to provide for the replacement of lost or damaged bonds; to provide for certain requirements prior to issuing bonds; 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. THURSDAY, JANUARY 17, 2008 105 On the passage of the legislation, a roll call was taken, and the vote was as follows: Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Jackson N Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy E Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Smith Y Staton Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the local legislation, the yeas were 49, nays 1. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator David Adelman District 42 121-I State Capitol Atlanta, GA 30334 Committees: Urban Affairs Special Judiciary Health and Human Services Judiciary Rules The State Senate Atlanta, Georgia 30334 January 17, 2008 106 JOURNAL OF THE SENATE Mr. Secretary, I voted "yes" on the local consent calendar today. My machine malfunctioned. /s/ Adelman of the 42nd SENATE CALENDAR THURSDAY, JANUARY 17, 2008 FOURTH LEGISLATIVE DAY SB 76 Assignments, Committee on; powers, duties; change provisions; transfer of power (RULES-1st) HB 89 Firearms; carrying and possession; change provisions (Substitute) (RULES-21st) Bearden-68th The following legislation was read the third time and put upon its passage: SB 76. By Senators Johnson of the 1st and Williams of the 19th: A BILL to be entitled an Act to amend Titles 10, 15, 17, 20, 21, 31, 33, 45, and 49 of the Official Code of Georgia Annotated, relating respectively to commerce and trade, courts, criminal procedure, education, elections, health, insurance, public officers and employees, and social services, so as to change provisions relating to powers, duties, and responsibilities of the Senate Committee on Assignments; to transfer certain powers of appointment from that committee to the Lieutenant Governor; 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 Carter Y Chance Y Chapman Y Cowsert Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate THURSDAY, JANUARY 17, 2008 107 Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Me V Bremen Y Moody Y Mullis Y Murphy E Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 55, nays 0. SB 76, having received the requisite constitutional majority, was passed. HB 89. By Representatives Bearden of the 68th, Horne of the 71st, Hatfield of the 177th, Maddox of the 172nd and Smith of the 168th: 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 the carrying and possession of firearms, so as to change certain provisions regarding the transportation of certain firearms; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. The Senate Rules Committee offered the following substitute to HB 89: A BILL TO BE ENTITLED AN ACT To provide a short title; to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide for a felony for soliciting, persuading, encouraging, or enticing any dealer to transfer or otherwise convey a firearm to anyone other than the actual buyer; to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to change certain provisions regarding the transportation and carrying of certain firearms; to require the timely issuance of firearm licenses; to prohibit certain employers from searching the private vehicles of employees; to prohibit employers from conditioning employment based upon certain regulations regarding the possession of a firearm; to provide exceptions; to provide certain immunity for employers; to provide for civil remedies; to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to 108 JOURNAL OF THE SENATE provide certain immunity from liability for certain persons and entities that voluntarily and without compensation assist state agencies during times of declared emergencies; 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 "Business Security and Employee Privacy Act." SECTION 2. Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by adding a new Code section to read as follows: "16-11-113. Any person who attempts to solicit, persuade, encourage, or entice any dealer to transfer or otherwise convey a firearm other than to the actual buyer, as well as any other person who willfully and intentionally aids or abets such person, shall be guilty of a felony. This Code section shall not apply to a federal law enforcement officer or a peace officer, as defined in Code Section 16-1-3, in the performance of his or her official duties or other person under such officers direct supervision." SECTION 3. Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, is amended by revising Code Section 16-11-126, relating to the offense of carrying a concealed weapon, as follows: "16-11-126. (a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section. (b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows: (1) For the first offense, he or she shall be guilty of a misdemeanor; and (2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years. (c) This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder THURSDAY, JANUARY 17, 2008 109 holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the weapon may be concealed by the persons clothing, or a handbag, purse, attache case, briefcase, or other closed container. Carrying on the person in a concealed manner other than as provided in this subsection shall not be permitted and shall be a violation of this Code section. Any person having been issued a license to carry a concealed weapon pursuant to Code Section 16-11-129 shall be permitted to carry such weapon, subject to the limitations of this part, in all parks, historic sites, or recreational areas as defined by Code Section 12-3-10. (d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 1611-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition. (e) This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle; provided, however, that any person in possession of a valid permit issued pursuant to Code Section 16-11-129 may carry a handgun in any location in a motor vehicle. (e)(f) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such licenseholder license holder shall carry the handgun in compliance with the laws of this state." SECTION 4. Said part is further amended by revising subsection (d) of Code Section 16-11-129, relating to a license to carry a pistol or revolver and temporary renewal permits, as follows: "(d) Investigation of applicant; issuance of license; renewal. (1) For both license applications and requests for license renewals, the judge of the probate court shall within two business days following the receipt of the application or request 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 within two business days following the receipt of the application or request also direct the law enforcement agency to conduct a background check using the Federal Bureau of Investigations National Instant Criminal Background 110 JOURNAL OF THE SENATE 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 report to the judge of the probate court within 50 30 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. When the law enforcement agency fails to report to the probate judge within 30 days as required by this Code section, there shall be a rebuttable presumption that no derogatory information is found. 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 45 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 unless facts establishing ineligibility have been reported and if or unless the judge determines the applicant has not met all the qualifications, is not of good moral character, and has complied or has failed to comply with all any of the requirements contained in this Code section." SECTION 5. Said part is further amended by revising Code Section 16-11-129, relating to a license to carry a pistol or revolver and temporary renewal permits, by adding a new subsection to read as follows: "(j) When an eligible applicant who is a United States citizen fails to receive a license, temporary permit, or renewal license within the time period required by this Code section and the application or request has been properly filed, the applicant may bring an action in mandamus or other legal proceeding in order to obtain a license, temporary license, or renewal license, and such applicant shall be entitled to recover his or her costs in such action, including reasonable attorneys fees." SECTION 6. Said part is further amended by adding a new Code section to read as follows: "16-11-135. (a) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall establish, maintain, or enforce any policy or rule that has the effect of allowing such employer or its agents to search the locked privately owned vehicles of employees or invited guests on the employers parking lot THURSDAY, JANUARY 17, 2008 111 and access thereto. (b) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall condition employment upon any agreement by a prospective employee that prohibits an employee from entering the parking lot and access thereto when the employees privately owned motor vehicle contains a firearm that is locked out of sight within the trunk, glove box, or other enclosed compartment or area within such privately owned motor vehicle, provided that any applicable employees possess a Georgia firearms license. (c) Subsection (a) of this Code section shall not apply: (1) To searches by certified law enforcement officers pursuant to valid search warrants or valid warrantless searches based upon probable cause under exigent circumstances; (2) To vehicles owned or leased by an employer; (3) To any situation in which a reasonable person would believe that accessing a locked vehicle of an employee is necessary to prevent an immediate threat to human health, life, or safety; or (4) When an employee consents to a search of their locked privately owned vehicle by licensed private security officers for loss prevention purposes based on probable cause that the employee unlawfully possesses employer property. (d) Subsections (a) and (b) of this Code section shall not apply: (1) To an employer providing applicable employees with a secure parking area which restricts general public access through the use of a gate, security station, security officers, or other similar means which limit public access into the parking area, provided that any employer policy allowing vehicle searches upon entry shall be applicable to all vehicles entering the property and applied on a uniform and frequent basis; (2) To any penal institution, correctional institution, detention facility, diversion center, jail, or similar place of confinement or confinement alternative; (3) To facilities associated with electric generation owned or operated by a public utility; (4) To any United States Department of Defense contractor, if such contractor operates any facility on or contiguous with a United States military base or installation or within one mile of an airport; (5) To an employee who is restricted from carrying or possessing a firearm on the employers premises due to a completed or pending disciplinary action; (6) Where transport of a firearm on the premises of the employer is prohibited by state or federal law or regulation; (7) To parking lots contiguous to facilities providing natural gas transmission, liquid petroleum transmission, water storage and supply, and law enforcement services determined to be so vital to the State of Georgia, by a written determination of the Georgia Department of Homeland Security, that the incapacity or destruction of such systems and assets would have a debilitating impact on public health or safety; or (8) To any area used for parking on a temporary basis. 112 JOURNAL OF THE SENATE (e) No employer, property owner, or property owners agent shall be held liable in any criminal or civil action for damages resulting from or arising out of an occurrence involving the transportation, storage, possession, or use of a firearm, including, but not limited to, the theft of a firearm from an employees automobile, pursuant to this Code section unless such employer commits a criminal act involving the use of a firearm or unless the employer knew that the person using such firearm would commit such criminal act on the employers premises. Nothing contained in this Code section shall create a new duty on the part of the employer, property owner, or property owners agent. An employee at will shall have no greater interest in employment created by this Code section and shall remain an employee at will. (f) In any action relating to the enforcement of any right or obligation under this Code section, an employer, property owner, or property owners agents efforts to comply with other applicable federal, state, or local safety laws, regulations, guidelines, or ordinances shall be a complete defense to any employer, property owner, or property owners agents liability. (g) In any action brought against an employer, employers agent, property owner, or property owners agent relating to the criminal use of firearms in the workplace, the plaintiff shall be liable for all legal costs of such employer, employers agent, property owner, or property owners agent if such action is concluded in such employer, employers agent, property owner, or property owners agents favor. (h) This Code section shall not be construed so as to require an employer, property owner, or property owners agent to implement any additional security measures for the protection of employees, customers, or other persons. Implementation of remedial security measures to provide protection to employees, customers, or other persons shall not be admissible in evidence to show prior negligence or breach of duty of an employer, property owner, or property owners agent in any action against such employer, its officers or shareholders, or property owners. (i) All actions brought based upon a violation of subsection (a) of this Code section shall be brought exclusively by the Attorney General. (j) In the event that subsection (e) of this Code section is declared or adjudged by any court to be invalid or unconstitutional for any reason, the remaining portions of this Code section shall be invalid and of no further force or effect. The General Assembly declares that it would not have enacted the remaining provisions of this Code section if it had known that such portion hereof would be declared or adjudged invalid or unconstitutional. (k) Nothing in this Code section shall restrict the rights of private property owners to control access to their property. When the property owner is also an employer, their rights as a property owner shall govern." SECTION 7. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by revising Code Section 51-1-29.2 as follows: "51-1-29.2. THURSDAY, JANUARY 17, 2008 113 Any natural person and any association, fraternal organization, private for profit entity, not for profit entity, religious organization, or charitable organization and the officers, directors, employees, and agents of such associations, organizations, and entities, when such persons, associations, organizations, or entities are working in coordination and under the direction of an appropriate state agency, who voluntarily and without the expectation or receipt of compensation provides services or goods in preparation for, anticipation of, or during a time of emergency and in a place of emergency as declared by the Governor for the benefit of any individual natural person or his or her property to prevent or minimize harm to such natural person or to prevent, minimize, and repair injury and damage to such persons property resulting from biological, chemical, or nuclear agents; terrorism; pandemics or epidemics of infectious disease; or catastrophic acts of nature, including, but not limited to, fire, flood, earthquake, wind, storm, or wave action, or any other occurrence which warrants the declaration of a state of emergency or disaster by the Governor pursuant to Code Section 38-3-51 or by a federal agency shall not be civilly liable to any individual natural person receiving such assistance as a result of any act or omission in rendering such service if such natural person, association, organization, or entity was acting in good faith and unless the damage or injury was caused by the willful or wanton negligence or misconduct of such natural person, association, organization, or entity. Nothing in this Code section shall be construed to amend, repeal, alter, or affect in any manner any other provision of law granting immunity or limiting liability. Nothing in this Code section shall be construed to abrogate the sovereign immunity of this state as to all actions executed by any party under this Code section." SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Senator Adelman of the 42nd offered the following amendment #1: Amend the Senate Rules Committee substitute to HB 89, such substitute bill being designated LC 38 0516S, by striking lines 3 through 5 of page 7 and inserting in lieu thereof the following: (k) Nothing in this Code section shall restrict the rights of private property owners or persons in legal control of property through a lease, a rental agreement, a contract, or any other agreement to control access to such property. When a private property owner or person in legal control of property through a lease, a rental agreement, a contract, or any other agreement is also an employer, his or her rights as a private property owner or person in legal control of property shall govern." On the adoption of the amendment, the yeas were 17, nays 29, and the Adelman amendment #1 to the committee substitute was lost. 114 JOURNAL OF THE SENATE Senator Jones of the 10th offered the following amendment #2: Amend the Senate committee substitute to HB 89 by adding the word "employee," between employer and property owner on line 5, page 6 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 Carter N Chance N Chapman N Cowsert Y Davenport N Douglas Y Fort N Goggans N Golden N Grant N Hamrick Y Harbison N Harp N Hawkins N Heath Y Henson N Hill,Jack N Hill,Judson N Hooks N Hudgens N Jackson N Johnson Y Jones N Me V Bremen N Moody N Mullis N Murphy Y Orrock N Pearson N Powell Y Ramsey N Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D N Smith N Staton Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R N Thompson,C N Thompson,S N Tolleson N Unterman N Weber N Wiles N Williams On the adoption of the amendment, the yeas were 15, nays 41, and the Jones amendment #2 to the committee substitute was lost. Senator Reed of the 35th offered the following amendment #3: Amend the Senate committee substitute to HB 89 by striking the word "two" in Section 4 at line 20 and replacing it with the word "five" and by striking the word "two" at line 29 the word "two" and replacing it with the word "five". 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 Heath Y Henson Y Hill,Jack N Schaefer N Seabaugh Y Seay THURSDAY, JANUARY 17, 2008 115 N Bulloch Y Butler N Carter N Chance N Chapman N Cowsert Y Davenport N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Hawkins N Hill,Judson N Hooks N Hudgens N Jackson N Johnson Y Jones Y Me V Bremen N Moody N Mullis N Murphy Y Orrock N Pearson N Powell Y Ramsey Y Reed N Rogers N Shafer,D N Smith N Staton Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R N Thompson,C Y Thompson,S N Tolleson N Unterman Y Weber N Wiles N Williams On the adoption of the amendment, the yeas were 21, nays 35, and the Reed amendment #3 to the committee substitute was lost. Senator Jones of the 10th offered the following amendment #4: Amend the Senate committee substitute to HB 89 by adding the words, "customers, employer's agents, contract workers, vendors, suppliers" between the words employer and property owner on line 5 page 6, line 16 page 6, line 18 page 6, line 20 page 6, line 22 page 6 and line 23 page 6. On the adoption of the amendment, the yeas were 16, nays 35, and the Jones amendment #4 to the committee substitute was lost. On the adoption of the substitute, the yeas were 44, nays 5, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: N Adelman Y Balfour N Brown Y Bulloch N Butler Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith 116 JOURNAL OF THE SENATE Y Carter Y Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hudgens Y Jackson Y Johnson N Jones Y Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey N Reed Y Rogers Y Staton Y Stoner N Tarver N Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman N Weber Y Wiles Y Williams On the passage of the bill, the yeas were 41, nays 15. HB 89, having received the requisite constitutional majority, was passed by substitute. Senator Williams of the 19th moved that the Senate adjourn until 9:00 a.m. Friday, January 18, 2008. The motion prevailed, and the President announced the Senate adjourned at 12:14 p.m. FRIDAY, JANUARY 18, 2008 117 Senate Chamber, Atlanta, Georgia Friday, January 18, 2008 Fifth Legislative Day The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President. Senator Thomas of the 54th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following Senate legislation was introduced, read the first time and referred to committee: SB 353. By Senators Shafer of the 48th, Williams of the 19th, Moody of the 56th, Johnson of the 1st, Rogers of the 21st and others: A BILL to be entitled an Act to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to enact the "Public Hospital Integrity Act"; to provide for a short title; to provide definitions; to provide that certain individuals shall not serve on a hospital authority board or a nonprofit organization managing a hospital on behalf of a hospital authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. SB 354. By Senators Carter of the 13th and Chance of the 16th: A BILL to be entitled an Act to amend Code Section 40-6-393 of the Official Code of Georgia Annotated, relating to homicide by vehicle, so as to provide another basis for first degree vehicular homicide; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 355. By Senators Smith of the 52nd, Hamrick of the 30th, Cowsert of the 46th, Harp of the 29th, Meyer von Bremen of the 12th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of 118 JOURNAL OF THE SENATE the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to provide for the disbursement of certain settlement funds after closing even though such funds are not collected funds; to provide that lenders shall provide loan funds in the form of collected funds at or prior to closing; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 356. By Senator Henson of the 41st: A BILL to be entitled an Act to amend Code Section 15-21-2 of the O.C.G.A., relating to payment into county treasuries of fines and forfeitures, so as to provide for payment of certain moneys arising from traffic fines generated by motorcycle enforcement units to campus police departments for the maintenance and enhancement of the motorcycle enforcement program; to amend Article 2 of Chapter 13 of Title 40 of the O.C.G.A., relating to arrests, trials, and appeals relative to prosecution of misdemeanor traffic offenses, so as to provide for payment of certain moneys arising from traffic fines generated by motorcycle enforcement units to campus police departments for the maintenance and enhancement of the motorcycle enforcement program; to provide for an effective date, automatic repeal, and applicability; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 357. By Senators Unterman of the 45th, Staton of the 18th, Cowsert of the 46th, Harp of the 29th and Schaefer of the 50th: A BILL to be entitled an Act to amend Chapter 6 of Title 3 of the Official Code of Georgia, relating to wine, so as to provide for direct shipping; to amend certain provisions relating to shipping licenses; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 358. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Chapter 5 of Title 10 of the O.C.G.A., relating to securities, by repealing it in its entirety and enacting a new Chapter 5 of Title 10 to be known as the "Georgia Uniform Securities Act of 2008"; to provide for a short title; to provide for definitions; to provide for electronic FRIDAY, JANUARY 18, 2008 119 records and signatures; to provide for exemptions from registration of securities; to provide for registration of securities and notice of filing of federal covered securities; to provide for denial, suspension, or revocation of securities registration; to provide for registration of broker-dealers, agents, investment advisers, investment adviser representatives, and federal covered investment advisers; to amend the O.C.G.A. to change certain references; to provide for applicability; 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 722. By Senators Shafer of the 48th, Williams of the 19th, Moody of the 56th, Johnson of the 1st, Rogers of the 21st and others: A RESOLUTION to create the Grady Oversight Committee; and for other purposes. Referred to the Government Oversight Committee. SR 723. By Senators Johnson of the 1st, Thomas of the 2nd and Mullis of the 53rd: A RESOLUTION congratulating Justice Clarence Thomas on his great achievements and dedicating an interchange in his honor; and for other purposes. Referred to the Transportation Committee. The following Senators were excused for business outside the Senate Chamber: Harp of the 29th Weber of the 40th Powell of the 23rd Smith of the 52nd The roll was called and the following Senators answered to their names: Adelman Balfour Brown Bulloch Butler Carter Chance Chapman Cowsert Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Johnson Reed Rogers Schaefer Seabaugh Seay Staton Stoner Tarver Tate 120 JOURNAL OF THE SENATE Davenport Douglas Goggans Golden Grant Hamrick Harbison Jones Me V Bremen Moody Mullis Murphy Pearson Ramsey Thomas,D Thomas,R Thompson,C Tolleson Wiles Williams Not answering were Senators: Fort Powell (Excused) Thompson, S Harp (Excused) Shafer Unterman Orrock Smith (Excused) Weber (Excused) The members pledged allegiance to the flag. Senator Hill of the 4th introduced the chaplain of the day, Reverend James E. Love of Soperton, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 724. By Senators Tarver of the 22nd, Jackson of the 24th and Powell of the 23rd: A RESOLUTION honoring and recognizing Mrs. Charlene Sizemore for her role in helping to promote workforce training in Georgia; and for other purposes. SR 725. By Senators Seay of the 34th, Reed of the 35th, Tate of the 38th, Davenport of the 44th and Fort of the 39th: A RESOLUTION recognizing and commending Dr. Ozias Pearson; and for other purposes. Senator Johnson of the 1st asked unanimous consent that the following resolution be withdrawn from the Senate Finance Committee and committed to the Senate Judiciary Committee: SR 721. By Senators Rogers of the 21st, Smith of the 52nd, Hamrick of the 30th, Harp of the 29th, Wiles of the 37th and others: A RESOLUTION proposing an amendment to the Constitution so as to prohibit courts from ordering the General Assembly to pass laws, including laws to create or increase taxes or appropriations; to reaffirm that the power of FRIDAY, JANUARY 18, 2008 121 appropriation of state revenues is reserved exclusively to the General Assembly; to limit the power of courts on matters involving appropriation of public money; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The consent was granted, and SR 721 was committed to the Senate Judiciary Committee. Senator Brown of the 26th was excused for business outside the Senate Chamber. SENATE CALENDAR FRIDAY, JANUARY 18, 2008 FIFTH LEGISLATIVE DAY SR 701 State-Wide Water Management Plan; to ratify; provide force and effect; provide for construction (NR&E-20th) The following legislation was read the third time and put upon its passage: SR 701. By Senators Tolleson of the 20th, Pearson of the 51st, Harp of the 29th, Henson of the 41st, Hamrick of the 30th and others: A RESOLUTION To ratify a certain comprehensive state-wide water management plan; to provide for force and effect; to provide for construction; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, pursuant to Article 8 of Chapter 5 of Title 12 of the O.C.G.A., the Environmental Protection Division of the Department of Natural Resources developed a comprehensive state-wide water management plan and submitted such a plan to the Water Council for adoption; and WHEREAS, the Water Council adopted such a plan on January 8, 2008, and submitted such plan to the General Assembly on January 14, 2008, for consideration by the General Assembly under Code Section 12-5-525 of the O.C.G.A.; and WHEREAS, it is the desire of the General Assembly to ratify such plan pursuant to Code Section 12-5-525 of the O.C.G.A. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: (1) That the comprehensive state-wide water management plan adopted by the Water Council on January 8, 2008, on file in the office of the director of the Environmental 122 JOURNAL OF THE SENATE Protection Division, and submitted to the General Assembly on January 14, 2008, is hereby ratified pursuant to Code Section 12-5-525 of the O.C.G.A.; (2) That such nonstatutory plan shall have force and effect; (3) That in the event any provision of such nonstatutory plan irreconcilably conflicts with any current or future statute enacted by the General Assembly, then, to the extent of the conflict, the provisions of such statute shall control; (4) That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval; and (5) That all laws and parts of laws in conflict with this resolution are repealed. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: N Adelman Y Balfour E Brown Y Bulloch Y Butler Y Carter Y Chance N Chapman N Cowsert Y Davenport Y Douglas N Fort N Goggans Y Golden Y Grant Y Hamrick N Harbison E Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens N Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson E Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Seay Y Shafer,D N Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 39, nays 12. SR 701, having received the requisite constitutional majority, was adopted. Senator Johnson of the 1st moved that SR 701 be immediately transmitted to the House. There was no objection and SR 701 was immediately transmitted to the House. FRIDAY, JANUARY 18, 2008 123 The following communications were received by the Secretary: Senator Valencia Seay District 34 420-B State Capitol Atlanta, GA 30334 Committees: State Institutions and Property Appropriations Public Safety Transportation Urban Affairs The State Senate Atlanta, Georgia 30334 January 18, 2008 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Mr. Ewing: I would have voted yes for the SR 701 the Statewide Water Management Plan but I was off the floor at the time. Sincerely, /s/ Valencia Seay Georgia State Senate, District 34 Senator David Adelman District 42 121-I State Capitol Atlanta, GA 30334 Committees: Urban Affairs Special Judiciary Health and Human Services Judiciary Rules HAND DELIVERY The State Senate Atlanta, Georgia 30334 January 18, 2008 124 JOURNAL OF THE SENATE Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 RE: SR 701 Dear Mr. Ewing: Please accept this letter as a formal request that my name be removed as a co-sponsor of SR 701. I understand this letter will be included in the Senate Journal. If you have any questions contact my office at your earliest convenience. Best Regards, /s/ David Adelman State Senator, 42 Serving as doctor of the day was Dr. Steven Muller. Senator Williams of the 19th moved that the Senate stand adjourned pursuant to HR 1021 until 1:00 p.m. Monday, January 28, 2008; the motion prevailed, and at 11:07 a.m. the President announced the Senate adjourned. MONDAY, JANUARY 28, 2008 125 Senate Chamber, Atlanta, Georgia Monday, January 28, 2008 Sixth Legislative Day The Senate met pursuant to adjournment at 1:00 p.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following communication was received by the Secretary: OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor January 22, 2008 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: As President of the State Senate, I hereby appoint Senator David Shafer to serve as an exofficio member of the Senate Committee on Government Oversight for the purposes of conducting hearings on SB 353 and SR 722. This appointment is to be considered effective immediately. Please contact Russel Carlson in my office for additional information. Sincerely, /s/ Casey Cagle Lt. Governor of Georgia 126 JOURNAL OF THE SENATE The following Senate legislation was introduced, read the first time and referred to committee: SB 359. By Senators Golden of the 8th, Pearson of the 51st, Stoner of the 6th, Mullis of the 53rd, Thomas of the 54th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to provide legislative findings; to create a "Made in Georgia" program; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. SB 360. By Senators Grant of the 25th, Johnson of the 1st, Hill of the 4th, Thomas of the 2nd, Reed of the 35th and others: 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 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 Institutions and Property Committee. SB 361. By Senators Rogers of the 21st, Hamrick of the 30th, Shafer of the 48th, Grant of the 25th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for definitions; to permit a consumer to place a security freeze on his or her credit report; to provide a method for placing and removing a security freeze; to provide exceptions; to prohibit the release of a credit report that is subject to a security freeze, except in certain instances; to allow certain fees to be charged in connection with a security freeze; to regulate changes to a credit report that is subject to a security freeze; to prohibit certain uses of a consumers personal information; to provide for enforcement; 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. MONDAY, JANUARY 28, 2008 127 SB 362. By Senators Stoner of the 6th, Wiles of the 37th, Rogers of the 21st, Thompson of the 33rd, Hill of the 32nd and others: A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for additional governmental services and facilities regarding community improvement districts; 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 363. By Senators Hawkins of the 49th, Goggans of the 7th, Thomas of the 54th, Moody of the 56th and Murphy of the 27th: A BILL to be entitled an Act to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to provide for advanced dental education programs; to revise definitions; to revise certain provisions relating to qualifications for a teachers or instructors license; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 364. By Senator Bulloch of the 11th: A BILL to be entitled an Act to extensively remove ratites from livestock and meat classifications and reclassify ratites as poultry for certain purposes; to amend Title 1 of the O.C.G.A., relating to general provisions, so as to change certain provisions relating to definitions; to amend Title 4 of the O.C.G.A., relating to animals, so as to change certain provisions relating to mark, brand, or tattoo registration certificates; to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to change certain provisions relating to livestock theft; to amend Title 26 of the O.C.G.A., relating to food, drugs, and cosmetics, so as to change certain provisions relating to definitions relative to meat inspection generally; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SB 365. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 15-11-8 of the Official Code of Georgia Annotated, relating to expenses charged to counties, so as to 128 JOURNAL OF THE SENATE provide that the Department of Juvenile Justice shall provide for the cost of care and support of children in the temporary custody of the department; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. SB 366. By Senators Grant of the 25th, Hamrick of the 30th, Bulloch of the 11th, Hill of the 4th and Goggans of the 7th: A BILL to be entitled an Act to amend Code Section 42-5-18 of the Official Code of Georgia Annotated, relating to giving weapons, intoxicants, drugs, or other items to inmates without the consent of the warden or superintendent, so as to prohibit inmates from receiving or possessing telecommunications devices; to establish that providing a telecommunications device to an inmate and possession of such device by an inmate shall be a felony; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. SR 733. By Senator Douglas of the 17th: A RESOLUTION honoring the memory of PFC Robert A. Worthington and dedicating a portion of SR 81 as the PFC Robert Adrian Worthington Memorial Highway; and for other purposes. Referred to the Transportation Committee. Senator Mullis of the 53rd asked unanimous consent that Senator Thomas of the 54th be excused. The consent was granted, and Senator Thomas was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Bulloch Butler Carter Chance Chapman Cowsert Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Johnson Rogers Schaefer Seabaugh Seay Shafer,D Smith Staton Stoner Tarver MONDAY, JANUARY 28, 2008 129 Davenport Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Jones Me V Bremen Moody Mullis Murphy Pearson Powell Ramsey Reed Tate Thomas,R Thompson,C Thompson,S Tolleson Unterman Weber Wiles Williams Not answering were Senators: Orrock Thomas, D. (Excused) The members pledged allegiance to the flag. Senator Harbison of the 15th introduced the chaplain of the day, Dr. Marshall McGill of Columbus, Georgia, who offered scripture reading and prayer. Senator Harp of the 29th introduced the doctor of the day, Dr. Michael Hagues. The following resolutions were read and adopted: SR 726. By Senators Butler of the 55th and Henson of the 41st: A RESOLUTION celebrating the 125th birthday of the City of Clarkston; and for other purposes. SR 727. By Senator Fort of the 39th: A RESOLUTION recognizing and commending Pastor Martin L. Jakes, Sr.; and for other purposes. SR 728. By Senator Hawkins of the 49th: A RESOLUTION commending the Good News Clinic in Gainesville, Georgia, and recognizing the physicians and dentists associated with the clinic; and for other purposes. SR 729. By Senator Hawkins of the 49th: A RESOLUTION commending Health Access Initiative in Hall County, Georgia; and for other purposes. 130 JOURNAL OF THE SENATE SR 730. By Senator Seabaugh of the 28th: A RESOLUTION commending Andrew Kyle Schexnayder; and for other purposes. SR 731. By Senator Staton of the 18th: A RESOLUTION recognizing and commending the 2007 Warner Robins American Little League All-Star team; and for other purposes SR 732. By Senator Meyer von Bremen of the 12th: A RESOLUTION recognizing and honoring the life of Charles A. Robinson; and for other purposes. SR 734. By Senator Pearson of the 51st: A RESOLUTION commending and honoring Linda Williams as the 2007 Georgia Professor of the Year; and for other purposes. SR 735. By Senator Mullis of the 53rd: A RESOLUTION commending Georgias sustainable and environmentally friendly businesses; and for other purposes. The following report was read by the Secretary: Senator Don Balfour District 9 453 State Capitol Atlanta, GA 30334 Committees: Rules Appropriations Education and Youth Health and Human Services January 28, 2008 Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 The State Senate Atlanta, Georgia 30334 MONDAY, JANUARY 28, 2008 131 Dear Secretary of the Senate Ewing: At the unanimous request of the Senate, the Rules Committee has conducted initial consideration of the 12 veto overrides forwarded to our body by the Georgia House of Representatives on the first day of the legislative session. As part of that review, we have considered policy concerns raised by the Governor and received significant feedback from members of the full Senate. Based on these considerations, the Committee has voted to recommend the full Senate vote to override Governor Perdue's veto of the following piece of legislation: House Bill 529 Thank you for your attention to this matter. Sincerely, /s/ Don Balfour State Senate District 9 Senate Rules Chairman Senator Johnson of the 1st moved that the Senate override the Governor's Veto No. 25 on HB 529. Having received from the House the message informing the Senate that the Georgia House of Representatives did, on January 14, 2008, override the Governor's Veto No. 25 of the following bill of the House, the President stated that the question before the Senate was whether the veto of the Governor on this bill was to be overridden: HB 529. By Representatives Royal of the 171st, Harbin of the 118th, Keen of the 179th, Reese of the 98th, Hill of the 21st and others: A BILL to be entitled an Act to amend numerous provisions of the Official Code of Georgia Annotated so as to reflect changes in the organization of the General Assembly with respect to budgetary functions; to provide an effective date; to repeal conflicting laws; and for other purposes. After the bill and the Governor's Veto No. 25 were read by the Secretary, the President ordered a roll call, and the vote was as follows: Y Adelman Y Balfour Brown N Heath Y Henson Y Hill,Jack Y Schaefer Y Seabaugh Y Seay 132 JOURNAL OF THE SENATE Y Bulloch Y Butler N Carter N Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hill,Judson Y Hooks Y Hudgens N Jackson Y Johnson Y Jones Y Me V Bremen Y Moody N Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Shafer,D N Smith Y Staton Y Stoner Y Tarver Y Tate E Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 47, nays 7; the motion prevailed, and the Governor's Veto No. 25 of HB 529 was overridden by the Senate. The following communication was received by the Secretary: Clerk's Office House of Representatives 404-656-5015 January 28, 2008 309 State Capitol Atlanta, Georgia 30334 Honorable Karen C. Handel Secretary of State 214 State Capitol Atlanta, Georgia 30334 RE: House Bill 529 (Veto Override No. 1) Dear Mrs. Handel, Governor Perdue vetoed House Bill 529 on May 30, 2007. The House overrode the Governor's veto on January 14, 2008 by a vote of 160-13. The Senate overrode the MONDAY, JANUARY 28, 2008 133 Governor's veto on January 28, 2008 by a vote of 47-7. Pursuant to Article 3, Section 5, Paragraph XIII of the Constitution of the State of Georgia, this bill has become law based on the House and Senate action and therefore should be transmitted to you directly. Accordingly the same is enclosed for your further handling. Kind regards. Very truly yours, /s/ Robert E. Rivers, Jr. Clerk, House of Representatives Cc: Honorable Sonny Perdue, Governor Honorable Glenn Richardson, Speaker of the House Honorable Casey Cagle, President of the Senate Honorable Robert Ewing, Secretary of the Senate Honorable Sewell Brumby, Legislative Counsel Receipt of the above bill is hereby acknowledged this 29th day of January, 2008. /s/ Karen C. Handel Secretary of State Senator Williams of the 19th moved that the Senate adjourn until 10:00 a.m. Tuesday, January 29, 2008. The motion prevailed, and the President announced the Senate adjourned at 2:01 p.m. 134 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, January 29, 2008 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 301. By Representatives Reese of the 98th, Knight of the 126th, Roberts of the 154th, Williams of the 165th, Jacobs of the 80th and others: 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 dogfighting and related conduct; to provide for punishments; to define a term; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 932. By Representative Jenkins of the 8th: A BILL to be entitled an Act to amend an Act providing for the board of elections of Towns County, approved April 13, 2001 (Ga. L. 2001, p. 3876), so as to re-create the board as the Board of Elections and Registration of Towns County; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to relieve certain officers of powers and duties and to provide for the transfer of functions to the board; to provide for certain expenditures of public funds; to provide for compensation of personnel; to provide for offices and equipment; to provide for related matters; to provide for submission for TUESDAY, JANUARY 29, 2008 135 HB 933. HB 934. HB 935. preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representative Jenkins of the 8th: A BILL to be entitled an Act to provide for a homestead exemption from Towns 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 by more than 3 percent; 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 an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. By Representative Jenkins of the 8th: A BILL to be entitled an Act to provide for a homestead exemption from Towns 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 by more than 3 percent; 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 an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. By Representative Jenkins of the 8th: A BILL to be entitled an Act to provide for a homestead exemption from City of Hiawassee 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 by more than 3 percent; 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 an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; to provide for applicability; to provide for a referendum, 136 JOURNAL OF THE SENATE HB 936. effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. By Representative Jenkins of the 8th: A BILL to be entitled an Act to provide for a homestead exemption from City of Young Harris 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 by more than 3 percent; 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 an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 944. By Representatives Geisinger of the 48th, Willard of the 49th, Martin of the 47th and Jones of the 46th: A BILL to be entitled an Act to authorize the City of Roswell 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. The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1022. By Representatives Smith of the 70th, McCall of the 30th, Cole of the 125th, Manning of the 32nd, Thomas of the 55th and others: A RESOLUTION to ratify a certain comprehensive state-wide water management plan; to provide for force and effect; to provide for construction; 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: TUESDAY, JANUARY 29, 2008 137 SB 367. By Senators Tolleson of the 20th and Johnson of the 1st: A BILL to be entitled an Act to amend Part 6 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to change certain provisions relating to an automatic repeal of the Georgia Coastal Management Act; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 368. By Senators Rogers of the 21st, Hill of the 32nd, Shafer of the 48th, Wiles of the 37th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, so as to limit what restrictions the director of the Environmental Protection Division of the Department of Natural Resources may place on public, private, or community swimming pools under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 369. By Senators Douglas of the 17th, Johnson of the 1st, Goggans of the 7th, Hill of the 4th, Staton of the 18th and others: A BILL to be entitled an Act to amend Code Section 40-2-74.1 of the Official Code of Georgia Annotated, relating to special decal for persons with disabilities, so as to provide that the Department of Revenue shall accept the affidavit of active duty military physicians in support of a request for a parking permit for disabled persons; to provide for an affidavit; to repeal conflicting laws; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. SB 370. By Senators Shafer of the 48th, Hill of the 32nd, Reed of the 35th, Williams of the 19th, Adelman of the 42nd and others: 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 provide for legislative findings; to provide for definitions; to provide for the initial and continuing identification of companies that do business with Sudan; to provide for the divestment of 138 JOURNAL OF THE SENATE ownership interests held by public retirement and pension funds in such companies; to prohibit investments in such companies; to provide for exceptions; to provide for termination of such prohibitions and divestments; to provide for certain notices; to provide for certain reports; to provide for enforcement; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. SB 371. By Senators Stoner of the 6th, Mullis of the 53rd, Seay of the 34th, Pearson of the 51st and Hamrick of the 30th: A BILL to be entitled an Act to amend Code Section 32-6-200 of the Official Code of Georgia Annotated, relating to the installation of protective devices at railroad grade crossings, so as to provide for legislative findings; to define a certain term; to provide that local school districts shall provide the Department of Transportation with information regarding rail crossings without active warning devices that are used by school buses; to provide that local school districts shall use best efforts to reroute buses to minimize use of such crossings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 372. By Senators Reed of the 35th, Unterman of the 45th, Johnson of the 1st, Shafer of the 48th and Hooks of the 14th: A RESOLUTION 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 establishment of ethics panels by elected local governing bodies of counties and municipalities and local school systems; to provide for establishment by ordinance or resolution; to provide for minimum jurisdiction, standards, and procedures; to provide for compulsory process; to provide for practice and procedure and appeals; to provide for reporting of compliance and withholding of state funds for noncompliance; to provide for civil remedies and penalties to be imposed by the State Ethics Commission in the case of nonperformance of duties by a local ethics commission; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. TUESDAY, JANUARY 29, 2008 139 SR 748. By Senators Shafer of the 48th, Staton of the 18th, Williams of the 19th, Moody of the 56th, Tolleson of the 20th and others: A RESOLUTION urging the Grady Health System to adopt changes to its employee health benefits plan to require or encourage its employees to utilize the Grady Health System for primary health care; urging Fulton County and DeKalb County to consider changes to their employee health benefits plans to encourage their employees to utilize the Grady Health System for primary health care; urging the Grady Health System to end its closed staff model and open credentialing to community doctors to encourage other insured patients to utilize the services of the Grady Health System for primary health care; and for other purposes. Referred to the Health and Human Services Committee. SR 750. By Senators Pearson of the 51st, Mullis of the 53rd, Rogers of the 21st, Hill of the 32nd, Seay of the 34th and others: A RESOLUTION urging the United States Department of Transportation to reconsider its mission and purpose; and for other purposes. Referred to the Transportation Committee. SR 753. By Senator Hooks of the 14th: A RESOLUTION authorizing the conveyance of certain state owned real property located in City of Thomaston, Upson 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 301. By Representatives Reese of the 98th, Knight of the 126th, Roberts of the 154th, Williams of the 165th, Jacobs of the 80th and others: 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 dogfighting and related conduct; to provide for punishments; to define a term; 140 JOURNAL OF THE SENATE to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. HB 932. By Representative Jenkins of the 8th: A BILL to be entitled an Act to amend an Act providing for the board of elections of Towns County, approved April 13, 2001 (Ga. L. 2001, p. 3876), so as to re-create the board as the Board of Elections and Registration of Towns County; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to relieve certain officers of powers and duties and to provide for the transfer of functions to the board; to provide for certain expenditures of public funds; to provide for compensation of personnel; to provide for offices and equipment; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 933. By Representative Jenkins of the 8th: A BILL to be entitled an Act to provide for a homestead exemption from Towns 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 by more than 3 percent; 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 an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; 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 934. By Representative Jenkins of the 8th: A BILL to be entitled an Act to provide for a homestead exemption from Towns 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 by more than 3 percent; to provide for definitions; to specify the terms and conditions of the exemption TUESDAY, JANUARY 29, 2008 141 and the procedures relating thereto; to allow such exemption to continue to be received by an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; 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 935. By Representative Jenkins of the 8th: A BILL to be entitled an Act to provide for a homestead exemption from City of Hiawassee 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 by more than 3 percent; 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 an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; 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 936. By Representative Jenkins of the 8th: A BILL to be entitled an Act to provide for a homestead exemption from City of Young Harris 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 by more than 3 percent; 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 an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; 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 944. By Representatives Geisinger of the 48th, Willard of the 49th, Martin of the 47th and Jones of the 46th: A BILL to be entitled an Act to authorize the City of Roswell to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of 142 JOURNAL OF THE SENATE the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HR 1022. By Representatives Smith of the 70th, McCall of the 30th, Cole of the 125th, Manning of the 32nd, Thomas of the 55th and others: A RESOLUTION to ratify a certain comprehensive state-wide water management plan; to provide for force and effect; to provide for construction; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Rules Committee. The following Senators were excused for business outside the Senate Chamber: Brown of the 26th Thompson of the 33rd Harbison of the 15th Harp of the 29th The roll was called and the following Senators answered to their names: Adelman Balfour Bulloch Butler Carter Chance Chapman Cowsert Davenport Douglas Goggans Golden Grant Hamrick Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Johnson Jones Me V Bremen Moody Mullis Murphy Pearson Powell Ramsey Rogers Schaefer Seabaugh Seay Shafer,D Smith Staton Stoner Tarver Tate Thomas,D Thomas,R Thompson,C Tolleson Unterman Weber Wiles Williams TUESDAY, JANUARY 29, 2008 143 Not answering were Senators: Brown (Excused) Harp (Excused) Thompson, S. (Excused) Fort Orrock Harbison (Excused) Reed 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 Orrock The members pledged allegiance to the flag. Senator Wiles of the 37th introduced the chaplain of the day, Reverend Mike Linch of Kennesaw, Georgia, who offered scripture reading and prayer. Senator Moody of the 56th introduced the doctor of the day, Dr. Earl Grubbs. The following resolutions were read and adopted: SR 736. By Senator Davenport of the 44th: A RESOLUTION recognizing and commending Mwangi Mukami; and for other purposes. SR 737. By Senators Harp of the 29th and Tarver of the 22nd: A RESOLUTION commending Kevin Ward; and for other purposes. SR 738. By Senators Harp of the 29th and Meyer von Bremen of the 12th: A RESOLUTION congratulating and commending Keldrique Lofton; and for other purposes. SR 739. By Senators Harp of the 29th and Wiles of the 37th: A RESOLUTION commending the technical colleges of Georgia; declaring January 29, 2008, as "Technical College System of Georgia Day" in the State of Georgia; and for other purposes. 144 JOURNAL OF THE SENATE SR 740. By Senators Tolleson of the 20th and Bulloch of the 11th: A RESOLUTION commemorating the Keep Georgia Beautiful program and its 70 local affiliates who serve 75 percent of the population of the State of Georgia; and for other purposes. SR 741. By Senators Harp of the 29th, Harbison of the 15th and Hooks of the 14th: A RESOLUTION congratulating and recognizing Dr. Frank Douglas Brown; and for other purposes. SR 742. By Senators Harp of the 29th, Harbison of the 15th and Hooks of the 14th: A RESOLUTION congratulating Columbus State University on the occasion of its 50th anniversary; and for other purposes. SR 743. By Senators Goggans of the 7th, Tolleson of the 20th, Chapman of the 3rd, Hill of the 4th, Staton of the 18th and others: A RESOLUTION recognizing and honoring the Georgia Forestry Commission; and for other purposes. SR 744. By Senators Heath of the 31st and Bulloch of the 11th: A RESOLUTION recognizing and commending Mr. Chad Carlton; and for other purposes. SR 745. By Senators Harbison of the 15th and Harp of the 29th: A RESOLUTION expressing regret at the passing of Mr. Charlie Harper; and for other purposes. SR 746. By Senators Thomas of the 2nd and Johnson of the 1st: A RESOLUTION recognizing and congratulating First Bryan Baptist Church on the occasion of its 220th anniversary; and for other purposes. SR 747. By Senator Thomas of the 2nd: A RESOLUTION recognizing and honoring the life of Jimmy Lee Parker; and for other purposes. TUESDAY, JANUARY 29, 2008 145 SR 749. By Senators Pearson of the 51st, Schaefer of the 50th, Rogers of the 21st, Hill of the 32nd, Mullis of the 53rd and others: A RESOLUTION commending the tourism industry in Georgia and establishing January 29, 2008 as "Tourism Day" at the capitol; and for other purposes. SR 751. By Senators Goggans of the 7th, Unterman of the 45th and Thomas of the 54th: A RESOLUTION recognizing February 13, 2008, as "Community Health Centers Day"; and for other purposes. SR 752. By Senator Hooks of the 14th: A RESOLUTION recognizing and congratulating the Vienna Historic Preservation Society on its 25th anniversary; and for other purposes. SR 754. By Senators Harbison of the 15th and Harp of the 29th: A RESOLUTION commending and recognizing Kameron Paige; and for other purposes. Senator Thompson of the 33rd asked unanimous consent that a recorded vote be taken. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Balfour E Brown Bulloch Y Butler Y Carter Y Chance Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber 146 JOURNAL OF THE SENATE E Harbison E Harp Y Hawkins Y Ramsey Y Reed Y Rogers Y Wiles Y Williams On the adoption of the resolution, the yeas were 47, nays 0. SR 754, having received the requisite constitutional majority, was adopted. The following communication was received by the Secretary: Senator Nan Orrock District 36 327-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Agriculture and Consumer Affairs Higher Education Interstate Cooperation Science and Technology Urban Affairs Health and Human Services January 29, 2008 The State Senate Atlanta, Georgia 30334 I missed the vote on SR 754 as I was off the floor momentarily. It was my intention to vote yes on SR 754. /s/ Nan Orrock Senator Staton of the 18th introduced the Warner Robins American Little League AllStar team, commended by SR 731, adopted previously. Senator Tolleson of the 20th addressed the Senate briefly. SR 755. By Senators Harp of the 29th and Seabaugh of the 28th: A RESOLUTION recognizing and commending Demetrice Tuttle on winning the Boys and Girls Clubs of Americas 2007-2008 National Youth of the Year Title and Scholarship; and for other purposes. SR 756. By Senator Jones of the 10th: A RESOLUTION recognizing and commending the Joint Conventions and their work to prevent mortgage delinquencies and foreclosures; and for other purposes. TUESDAY, JANUARY 29, 2008 147 SR 757. By Senator Jones of the 10th: A RESOLUTION recognizing and commending NeighborWorks America, the D & E Group, and the Department of Housing and Urban Development; and for other purposes. SR 758. By Senators Hill of the 4th, Murphy of the 27th, Goggans of the 7th, Douglas of the 17th and Heath of the 31st: A RESOLUTION recognizing and commending Captain Kelly McLendon of the Polk County Sheriff's Office; and for other purposes. SR 759. By Senators Hill of the 4th, Murphy of the 27th, Douglas of the 17th, Goggans of the 7th, Thompson of the 33rd and others: A RESOLUTION commending and recognizing Officer Jeff Reed; and for other purposes. SR 760. By Senators Bulloch of the 11th and Hudgens of the 47th: A RESOLUTION commending and recognizing Georgia veterinarians; and for other purposes. Senator Bulloch of the 11th introduced the members of Georgia Veterinary Medical Association, commended by SR 760. Dr. Karen Wylie addressed the Senate briefly. SR 761. By Senators Tolleson of the 20th, Hooks of the 14th, Carter of the 13th and Brown of the 26th: A RESOLUTION commending the Georgia Peach Festival and the 2007 Georgia Peach Queens; and for other purposes. Senator Williams of the 19th moved that the Senate adjourn until 10:00 a.m. January 30, 2008. The motion prevailed, and the President announced the Senate adjourned at 11:03 a.m. 148 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, January 30, 2008 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 Bill of the House: HB 908. By Representatives Ralston of the 7th, Keen of the 179th, Davis of the 109th, Bearden of the 68th, Everson of the 106th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the Sexual Offender Registration Review Board, so as to repeal certain provisions relating to residency and employment restrictions for certain sexual offenders; to provide for restrictions on where sexual offenders and sexually dangerous predators may reside, work, volunteer, or loiter; to provide for a definition; to provide for punishment; to provide for exemptions from certain residency and employment restrictions; to provide for civil causes of action; to provide for applicability; 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 373. By Senators Murphy of the 27th, Grant of the 25th, Mullis of the 53rd, Rogers of the 21st and Douglas of the 17th: A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official WEDNESDAY, JANUARY 30, 2008 149 Code of Georgia Annotated, relating to the employment and training of peace officers, so as to provide for the emergency suspension of a peace officers certification under limited circumstances; to modify certain requirements pertaining to officer interviews for employment; to change references consistent with the modification; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 374. By Senators Weber of the 40th and Seabaugh of the 28th: A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen, so as to provide for definitions; to revise certain time periods for filing materialmens and mechanics liens; to provide for certain notices regarding waiver of lien or claim upon bond; to set filing fees for such liens; to define certain terms; to provide that certain notices shall be sent by registered or overnight mail or statutory overnight delivery; to provide that certain liens are unenforceable if an action is not commenced within 12 months; to provide for a notice of contest of lien; to provide for the computation of certain time periods; 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 375. By Senators Hamrick of the 30th, Hudgens of the 47th, Murphy of the 27th and Tarver of the 22nd: A BILL to be entitled an Act to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, so as to create a nation-wide automated licensing system for mortgage brokers and mortgage lenders; to provide legislative findings; to provide for the Department of Banking and Finance to participate in such a system; to provide for rules and regulations; to provide for disbursement of fees minus expenses; to provide for changing license renewal dates; 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. 150 JOURNAL OF THE SENATE SB 376. By Senators Stoner of the 6th, Rogers of the 21st, Hill of the 32nd, Seay of the 34th and Reed of the 35th: A BILL to be entitled an Act to amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, relating to redevelopment powers, so as to require training on redevelopment powers, programs, and tax allocation districts; to provide for applicability and funding; to provide for the scope of review of proposed tax allocation districts by boards of education in determining whether to consent to the inclusion of educational ad valorem property taxes as a basis for computing tax allocation increments; 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 (General) Committee. SB 377. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend Title 27 of the O.C.G.A., relating to game and fish, so as to establish the office of natural resource law enforcement officer; to provide for the appointment of such officers; to provide for the qualifications of such officers; to provide for the provision of coverage for general liability and fidelity bonds; to provide for deputy natural resource law enforcement officers; to provide for the terms of such appointments; to provide for duties and powers; to redesignate conservation rangers as natural resource law enforcement officers; to amend Titles 12, 16, 35, 40, 47, and 52 of the O.C.G.A., relating to conservation and natural resources, crimes and offenses, law enforcement officers and agencies, motor vehicles and traffic, retirement and pensions, and waters of the state, ports, and watercraft, respectively, so as to conform other provisions of the Code; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 378. By Senators Unterman of the 45th, Thomas of the 54th, Hooks of the 14th, Johnson of the 1st and Williams of the 19th: A BILL to be entitled an Act to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to transfer the functions, duties, and employees of the Division of Aging Services of the Department of Human Resources to a newly established Department of Aging; to revise various titles of the Official Code of Georgia Annotated for purposes of conformity; to WEDNESDAY, JANUARY 30, 2008 151 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 379. By Senators Johnson of the 1st, Hooks of the 14th, Meyer von Bremen of the 12th, Pearson of the 51st, Smith of the 52nd 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 prohibit the use of automatic dialing and recorded message equipment; to provide for certain exceptions; to provide for definitions; to provide requirements for disclosure of information by live operators; to provide for the time of day during which automatic dialing and recorded message equipment may be used; to provide for the issuance of permits for connecting any automatic dialing and recorded message equipment; to provide for the suspension and revocation of such permits; to provide for penalties; to provide identification requirements for any person or entity making a telephone solicitation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SB 380. By Senators Thomas of the 54th, Williams of the 19th, Johnson of the 1st, Hawkins of the 49th, Cowsert of the 46th 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 for filing requirements for health insurance rates; to change the minimum definitional limits of small groups; to add requirements for kinds of insurance which insurers may transact; to expand requirements under accident and sickness policies to require companies active in the group health insurance market to offer plans of individual health insurance coverage; to change additional requirements of insurers to participate and accept potential reassignees in the assignment systems; to provide for statutory construction; to provide for rule making and enforcement by the Commissioner of Insurance; 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. 152 JOURNAL OF THE SENATE SB 381. By Senators Weber of the 40th, Unterman of the 45th, Schaefer of the 50th, Rogers of the 21st, Williams of the 19th and others: A BILL to be entitled an Act to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change certain provisions relating to registration and certificates of birth; to provide for a short title; 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 Health and Human Services Committee. SB 382. By Senators Heath of the 31st and Tolleson of the 20th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing, so as to change certain provisions relating to game and fish license, permit, tag, and stamp fees; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 384. By Senators Balfour of the 9th, Reed of the 35th and Shafer of the 48th: A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to limousine carriers, so as to change certain provisions relating to the permitting of limousine carriers by certain airports; to limit fees for such permitting; to provide that a chauffeurs permit and a certificate issued to the limousine carrier shall be adequate evidence of sufficient criminal background investigations; to delete a provision allowing cities and counties to enact ordinances requiring certain limousine carriers to pay business license fees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 385. By Senators Balfour of the 9th, Powell of the 23rd, Grant of the 25th, Thompson of the 33rd, Murphy of the 27th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages by public carriers and nonprofit organizations, so as to provide for the licensing of limousine carriers to sell alcoholic beverages; to provide for annual applications and fees; to provide for a sticker for each vehicle authorized; to WEDNESDAY, JANUARY 30, 2008 153 provide for limitations on such annual permit; to provide for compliance with law regarding furnishing alcoholic beverages to minors; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SR 767. By Senators Hill of the 32nd and Thomas of the 54th: A RESOLUTION creating the Senate Study Committee on Health Care Transformation; and for other purposes. Referred to the Rules Committee. The following House legislation was read the first time and referred to committee: HB 908. By Representatives Ralston of the 7th, Keen of the 179th, Davis of the 109th, Bearden of the 68th, Everson of the 106th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the Sexual Offender Registration Review Board, so as to repeal certain provisions relating to residency and employment restrictions for certain sexual offenders; to provide for restrictions on where sexual offenders and sexually dangerous predators may reside, work, volunteer, or loiter; to provide for a definition; to provide for punishment; to provide for exemptions from certain residency and employment restrictions; to provide for civil causes of action; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. The following committee reports were read by the Secretary: Mr. President: The Public Safety 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 350 Do Pass Respectfully submitted, Senator Murphy of the 27th District, Chairman 154 JOURNAL OF THE SENATE 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 360 Do Pass by substitute Respectfully submitted, Senator Grant of the 25th District, Chairman Mr. President: The Veterans, Military 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 340 SB 369 Do Pass Do Pass Respectfully submitted, Senator Douglas of the 17th District, Chairman 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 Ramsey of the 43rd asked unanimous consent that Senator Fort of the 39th be excused. The consent was granted, and Senator Fort 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 roll was called and the following Senators answered to their names: Adelman Balfour Brown Bulloch Butler Carter Chance Chapman Cowsert Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Johnson Jones Me V Bremen Schaefer Seabaugh Seay Shafer,D Smith Staton Stoner Tarver Tate WEDNESDAY, JANUARY 30, 2008 155 Davenport Douglas Goggans Golden Hamrick Harbison Harp Hawkins Heath Moody Mullis Murphy Orrock Pearson Ramsey Reed Rogers Thomas,D Thomas,R Thompson,C Thompson,S Tolleson Unterman Wiles Williams Not answering were Senators: Fort (Excused) Weber (Excused) Grant Powell (Excused) The following communications were received by the Secretary: Senator Johnny Grant District 25 Atlanta, GA 30334 Committees: State Institutions and Property State and Local Governmental Appropriations Government Oversight Health and Human Services Public Safety The State Senate Atlanta, Georgia 30334 On Wednesday January 30, 2008, I missed roll call vote because of a meeting in another part of the Capitol. /s/ Senator Johnny Grant Senator Vincent D. Fort District 39 305 Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Appropriations Education and Youth Judiciary Reapportionment and Redistricting State Institutions and Property Urban Affairs The State Senate Atlanta, Georgia 30334 156 JOURNAL OF THE SENATE 1/30/08 Please record me as present for the day. /s/ Vincent D. Fort The members pledged allegiance to the flag. Senator Jackson of the 24th introduced the chaplain of the day, Reverend Mark Taylor of Evans, Georgia, who offered scripture reading and prayer. The following resolution was read and adopted: SR 779. By Senators Balfour of the 9th, Unterman of the 45th and Reed of the 35th: A RESOLUTION recognizing January 30, 2008, as "A Future. Not a Past. Day" at the capitol; and for other purposes. Senator Balfour of the 9th recognized January 30, 2008, as "A Future. Not a Past. Day" at the Capitol, designated by SR 779. Senator Smith of the 52nd introduced the doctor of the day, Dr. Billy Burk. The following resolutions were read and adopted: SR 762. By Senators Hill of the 4th, Johnson of the 1st, Harp of the 29th, Williams of the 19th, Wiles of the 37th and others: A RESOLUTION commending and recognizing Jayson Foster; and for other purposes. SR 763. By Senator Thomas of the 2nd: A RESOLUTION recognizing and commending Sondra Marie Barnes, outstanding citizen; and for other purposes. SR 764. By Senators Wiles of the 37th, Rogers of the 21st, Hill of the 32nd, Staton of the 18th, Grant of the 25th and others: A RESOLUTION recognizing the many valuable contributions of the Building Owners and Managers Association-Atlanta (BOMA-Atlanta), and declaring January 31, 2008, BOMA Day at the Capitol; and for other purposes. WEDNESDAY, JANUARY 30, 2008 157 SR 765. By Senator Adelman of the 42nd: A RESOLUTION designating Wednesday, March 5, 2008, as "Lupus Awareness Day" in Georgia; and for other purposes. SR 766. By Senator Williams of the 19th: A RESOLUTION recognizing and commending the Appling County Bulldawgs 4-H Gun Team for winning the 42nd Annual Jaycee International BB Gun Championship and inviting them to appear before the Senate; and for other purposes. SR 768. By Senator Hill of the 32nd: A RESOLUTION commending Nicholas Christian Jensen; and for other purposes. SR 769. By Senator Adelman of the 42nd: A RESOLUTION recognizing and commending Charles T. Lester, Jr., on the occasion of his retirement; and for other purposes. SR 770. By Senators Seay of the 34th, Butler of the 55th, Tate of the 38th, Unterman of the 45th, Thomas of the 2nd and others: A RESOLUTION recognizing February 7, 2008, as "Girls and Women in Sports Day" and commending Georgia's outstanding female athletes; and for other purposes. SR 771. By Senators Seay of the 34th, Butler of the 55th, Tate of the 38th, Unterman of the 45th, Thomas of the 2nd and others: A RESOLUTION recognizing February 1, 2008, as "National Wear Red Day" at the state capitol; and for other purposes. SR 772. By Senators Chance of the 16th and Seay of the 34th: A RESOLUTION remembering and honoring the life of Robert Joseph Burch; and for other purposes. SR 773. By Senator Chance of the 16th: A RESOLUTION congratulating the Whitewater High School Girls Soccer 158 JOURNAL OF THE SENATE Team on winning the 2007 Class 4A State Championship; and for other purposes. SR 774. By Senator Chance of the 16th: A RESOLUTION recognizing and commending Mr. Dan Dunnock on the occasion of his retirement; and for other purposes. SR 775. By Senator Chance of the 16th: A RESOLUTION recognizing and commending Starr's Mill High School girls tennis team; and for other purposes. SR 776. By Senator Chance of the 16th: A RESOLUTION recognizing and commending the Sandy Creek High School boys track team; and for other purposes. SR 777. By Senator Chance of the 16th: A RESOLUTION congratulating the McIntosh High School Boys' Soccer Team on winning the 2007 State Championship; and for other purposes. SR 778. By Senators Jones of the 10th, Ramsey, Sr. of the 43rd, Butler of the 55th, Weber of the 40th, Thompson of the 5th and others: A RESOLUTION honoring and remembering the life of Archbishop Jimmie L. Smith; and for other purposes. SR 780. By Senators Jones of the 10th, Johnson of the 1st, Williams of the 19th, Shafer of the 48th, Thomas of the 2nd and others: A RESOLUTION honoring Reverend Matthew Hill on the occasion of his 75th birthday; and for other purposes. Senator Moody of the 56th recognized the host committee of the 2008 Intel International Science and Engineering Fair, commended by SR 700, adopted previously. Atlanta City Councilman Kwanza Hall addressed the Senate briefly. Senator Hill of the 4th recognized the National Blue Key Honor Society. President Mia Catherine Morgan addressed the Senate briefly. WEDNESDAY, JANUARY 30, 2008 159 Senator Hawkins of the 49th recognized physicians and dentists from the Good News Clinic in Gainesville, Georgia, commended by SR 728, adopted previously. Senator Hawkins of the 49th recognized the Health Access Initiative in Hall County, commended by SR 729, adopted previously. Senator Goggans of the 7th recognized the Georgia Forestry Commission, commended by SR 743, adopted previously. The following resolution was read and put upon its adoption: SR 782 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 2008 regular session of the General Assembly for the period of February 1, 2008, through February 11, 2008, shall be as follows: Friday, February 1 . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 10 Saturday, February 2 . . . . . . . . . . . . . . . . . . . . . . . . in adjournment Sunday, February 3 . . . . . . . . . . . . . . . . . . . . . . . . . in adjournment Monday, February 4 . . . . . . . . . . . . . . . . . . . . . . . . .in adjournment Tuesday, February 5 . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 11 Wednesday, February 6 . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 12 Thursday, February 7 . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 13 Friday, February 8 . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 14 Saturday, February 9 . . . . . . . . . . . . . . . . . . . . . . . . in adjournment Sunday, February 10 . . . . . . . . . . . . . . . . . . . . . . . . in adjournment Monday, February 11 . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 15 BE IT FURTHER RESOLVED that on and after February 11, 2008, the periods of adjournment of the 2008 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2008 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 160 JOURNAL OF THE SENATE hours for closing and convening the House on each day may be as ordered by the House. On the adoption of the resolution, the yeas were 39, nays 0, and the resolution was adopted. Senator Shafer of the 48th asked unanimous consent that the following resolution be withdrawn from the Senate Health and Human Services Committee and committed to the Senate Government Oversight Committee: SR 748. By Senators Shafer of the 48th, Staton of the 18th, Williams of the 19th, Moody of the 56th, Tolleson of the 20th and others: A RESOLUTION urging the Grady Health System to adopt changes to its employee health benefits plan to require or encourage its employees to utilize the Grady Health System for primary health care; urging Fulton County and DeKalb County to consider changes to their employee health benefits plans to encourage their employees to utilize the Grady Health System for primary health care; urging the Grady Health System to end its closed staff model and open credentialing to community doctors to encourage other insured patients to utilize the services of the Grady Health System for primary health care; and for other purposes. The consent was granted, and SR 748 was committed to the Senate Government Oversight Committee. Senator Williams of the 19th moved that the Senate adjourn until 10:00 a.m. Thursday, January 31, 2008. The motion prevailed, and the President announced the Senate adjourned at 11:11 a.m. THURSDAY, JANUARY 31, 2008 161 Senate Chamber, Atlanta, Georgia Thursday, January 31, 2008 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 130. By Representatives Hill of the 21st, Mills of the 25th, Meadows of the 5th, England of the 108th and Benton of the 31st: A BILL to be entitled an Act to amend Article 34 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relative to protection from identity theft, so as to provide for security freezes; to provide for definitions; to provide for procedures for placing, removing, and temporarily lifting a security freeze; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 358. By Representatives Talton of the 145th, O`Neal of the 146th, Manning of the 32nd, Sims of the 151st, Bryant of the 160th and others: A BILL to be entitled an Act to amend Code Section 47-16-102 of the Official Code of Georgia Annotated, relating to death benefits under the Sheriffs Retirement Fund of Georgia, beneficiaries, and the procedure for designation of beneficiary to receive such benefits, so as to increase the amount of the death benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. 162 JOURNAL OF THE SENATE HB 578. HB 875. HB 995. HB 998. By Representatives Ralston of the 7th, Fleming of the 117th, Bearden of the 68th and Lunsford of the 110th: A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of state court of record, so as to change certain provisions relating to petitions challenging for the first time state court proceedings resulting in a death sentence; to provide for procedural time frames for petitions challenging for the first time state court proceedings resulting in a death sentence; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Coleman of the 97th, Bridges of the 10th and Buckner of the 130th: A BILL to be entitled an Act to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to service retirement allowance, calculation, employee membership contributions, employer contributions, optional membership, conditions, and construction of provision, so as to provide for the continuation of the established benefit formula; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. By Representatives Maxwell of the 17th and Butler of the 18th: A BILL to be entitled an Act to amend an Act providing for the creation of a multimember board of commissioners as the governing authority of Haralson County, approved August 24, 2001 (Ga. L. 2001 Ex. Sess., p. 247), so as to provide for staggered terms of office for members of the board of commissioners; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representative Carter of the 159th: A BILL to be entitled an Act to provide for a homestead exemption from City of Rincon 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. THURSDAY, JANUARY 31, 2008 163 HB 1002. By Representative Cheokas of the 134th: A BILL to be entitled an Act to repeal an Act creating the Americus-Sumter County Parks and Recreation Authority, approved April 19, 2000 (Ga. L. 2000, p. 4099); to provide for the transfer of all real and personal property, operating expenses, and contractual obligations of the Americus-Sumter County Parks and Recreation Authority to the City of Americus and Sumter County; to remove from office the appointed members of the authority; to provide for effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1003. By Representatives Golick of the 34th, Tumlin of the 38th, Teilhet of the 40th, Wix of the 33rd, Johnson of the 37th 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 29, 2007 (Ga. L. 2007, p. 4087), so as to change the compensation of the solicitor-general; to change certain provisions regarding the appointment of assistant solicitors; 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 Senate: SR 782. 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 Senate legislation was introduced, read the first time and referred to committee: SB 386. By Senators Reed of the 35th, Butler of the 55th, Seay of the 34th, Orrock of the 36th, Tate of the 38th and others: 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 generally, so as to provide that certain incarcerated persons shall be tested for HIV and hepatitis prior to discharge; to provide for notice; to provide for counseling; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. 164 JOURNAL OF THE SENATE SB 387. By Senators Staton of the 18th, Chance of the 16th, Wiles of the 37th, Harp of the 29th, Moody of the 56th and others: A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee ballots, so as to allow electors to request and cast absentee ballots without stating a reason for doing so; to allow the electronic submission of absentee ballot requests by certain electors; to require registrars and absentee ballot clerks to determine the eligibility of electors to vote by absentee ballot; to provide for the safekeeping of absentee ballots; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 388. By Senators Carter of the 13th, Chance of the 16th, Heath of the 31st, Rogers of the 21st, Balfour of the 9th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 9 of Title 16 and Chapter 35 of the Official Code of Georgia Annotated, relating to identity fraud and the Georgia Bureau of Investigation, respectively, so as to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses involving identity fraud, including subpoena power; to change provisions relating to investigations in identity fraud cases; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 389. By Senators Grant of the 25th, Murphy of the 27th, Carter of the 13th, Tolleson of the 20th and Wiles of the 37th: A BILL to be entitled an Act to amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, so as to revise provisions relating to operation of personal watercraft; to revise provisions relating to operation of watercraft; to enact the "Mandatory Boating Safety Education Act"; to provide a short title; to provide definitions; to provide for applicability; to provide for lease and rental agreements; to provide for issuance of rules and regulations by the department; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. THURSDAY, JANUARY 31, 2008 165 SB 390. By Senators Jones of the 10th, Douglas of the 17th and Davenport 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 11, 2006 (Ga. L. 2006, p. 3611), 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 the salary of the chief judge; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SR 781. By Senators Mullis of the 53rd, Williams of the 19th, Stoner of the 6th, Pearson of the 51st and Seay of the 34th: A RESOLUTION urging the Georgia Department of Transportation to develop a state-wide strategic transportation plan and to take certain other actions; and for other purposes. Referred to the Transportation Committee. SR 786. By Senators Pearson of the 51st, Mullis of the 53rd, Williams of the 19th, Stoner of the 6th and Seay of the 34th: A RESOLUTION proposing an amendment to the Constitution so as to provide for the authority of the General Assembly to approve, reject, or modify any proposed expenditure of revenues received from motor fuel taxes; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Appropriations Committee. SR 788. By Senators Thomas of the 54th, Goggans of the 7th, Unterman of the 45th, Staton of the 18th, Wiles of the 37th and others: A RESOLUTION creating the Senate Study Committee on Brain Injury Related Neurobehavioral Issues in Georgia; and for other purposes. Referred to the Health and Human Services Committee. 166 JOURNAL OF THE SENATE The following House legislation was read the first time and referred to committee: HB 130. By Representatives Hill of the 21st, Mills of the 25th, Meadows of the 5th, England of the 108th and Benton of the 31st: A BILL to be entitled an Act to amend Article 34 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relative to protection from identity theft, so as to provide for security freezes; to provide for definitions; to provide for procedures for placing, removing, and temporarily lifting a security freeze; 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. HB 358. By Representatives Talton of the 145th, O`Neal of the 146th, Manning of the 32nd, Sims of the 151st, Bryant of the 160th and others: A BILL to be entitled an Act to amend Code Section 47-16-102 of the Official Code of Georgia Annotated, relating to death benefits under the Sheriffs Retirement Fund of Georgia, beneficiaries, and the procedure for designation of beneficiary to receive such benefits, so as to increase the amount of the death 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 578. By Representatives Ralston of the 7th, Fleming of the 117th, Bearden of the 68th and Lunsford of the 110th: A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of state court of record, so as to change certain provisions relating to petitions challenging for the first time state court proceedings resulting in a death sentence; to provide for procedural time frames for petitions challenging for the first time state court proceedings resulting in a death sentence; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. THURSDAY, JANUARY 31, 2008 167 HB 875. By Representatives Coleman of the 97th, Bridges of the 10th and Buckner of the 130th: A BILL to be entitled an Act to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to service retirement allowance, calculation, employee membership contributions, employer contributions, optional membership, conditions, and construction of provision, so as to provide for the continuation of the established benefit formula; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 995. By Representatives Maxwell of the 17th and Butler of the 18th: A BILL to be entitled an Act to amend an Act providing for the creation of a multimember board of commissioners as the governing authority of Haralson County, approved August 24, 2001 (Ga. L. 2001 Ex. Sess., p. 247), so as to provide for staggered terms of office for members of the board of commissioners; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 998. By Representative Carter of the 159th: A BILL to be entitled an Act to provide for a homestead exemption from City of Rincon 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 1002. By Representative Cheokas of the 134th: A BILL to be entitled an Act to repeal an Act creating the Americus-Sumter County Parks and Recreation Authority, approved April 19, 2000 (Ga. L. 2000, p. 4099); to provide for the transfer of all real and personal property, operating expenses, and contractual obligations of the Americus-Sumter County Parks 168 JOURNAL OF THE SENATE and Recreation Authority to the City of Americus and Sumter County; to remove from office the appointed members of the authority; to provide for effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1003. By Representatives Golick of the 34th, Tumlin of the 38th, Teilhet of the 40th, Wix of the 33rd, Johnson of the 37th 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 29, 2007 (Ga. L. 2007, p. 4087), so as to change the compensation of the solicitor-general; to change certain provisions regarding the appointment 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. The following committee reports were read by the Secretary: Mr. President: The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 230 SB 347 SB 348 Do Pass Do Pass Do Pass Respectfully submitted, Senator Hudgens of the 47th 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 342 SB 352 Do Pass Do Pass THURSDAY, JANUARY 31, 2008 169 Respectfully submitted, Senator Tolleson of the 20th District, Chairman Mr. President: The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HR 1022 Do Pass Respectfully submitted, Senator Balfour of the 9th District, Chairman Mr. President: The Urban 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 332 Do Pass Respectfully submitted, Senator Adelman of the 42nd District, Chairman The following legislation was read the second time: SB 340 SB 350 SB 360 SB 369 The following Senators were excused for business outside the Senate Chamber: Carter of the 13th Thompson of the 33rd Senator Seay of the 34th asked unanimous consent that Senator Brown of the 26th be excused. The consent was granted, and Senator Brown 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 Bulloch Hawkins Heath Henson Reed Schaefer Seabaugh 170 JOURNAL OF THE SENATE Butler Chance Chapman Cowsert Davenport Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Hill,Judson Hooks Hudgens Jackson Johnson Jones Me V Bremen Moody Mullis Murphy Pearson Powell Ramsey Seay Staton Stoner Tarver Tate Thomas,D Thomas,R Thompson,C Tolleson Unterman Weber Wiles Williams Not answering were Senators: Brown (Excused) Orrock Smith (Excused) Carter (Excused) Rogers Thompson, S. (Excused) Hill, Jack Shafer The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Hill Shafer Rogers The members pledged allegiance to the flag. Senator Staton of the 18th introduced the chaplain of the day, Pastor Johnny Ellison of Warner Robins, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 783. By Senator Thomas of the 2nd: A RESOLUTION commending Newborn Church of Faith in Christ upon the event of the 18th anniversary of its founding; and for other purposes. SR 784. By Senators Staton of the 18th, Harp of the 29th, Tolleson of the 20th and Hooks of the 14th: A RESOLUTION commending Dr. Martin L. Dalton; and for other purposes. THURSDAY, JANUARY 31, 2008 171 SR 785. By Senators Cowsert of the 46th, Wiles of the 37th, Harp of the 29th, Johnson of the 1st, Hudgens of the 47th and others: A RESOLUTION recognizing and commending the University of Georgia Bulldogs football team and Head Coach Mark Richt; and for other purposes. SR 787. By Senators Carter of the 13th, Hooks of the 14th and Meyer von Bremen of the 12th: A RESOLUTION recognizing and honoring the life of Mayor Robert S. "Bob" Boney; and for other purposes. Senator Jones of the 10th recognized the Joint Conventions, commended by SR 756, adopted previously. Senator Jones of the 10th recognized NeighborWorks America, the D&E Group, and the Department of Housing and Urban Development, commended by SR 757, adopted previously. Senator Tolleson of the 20th introduced the doctor of the day, Dr. Virgle W. McEver, III. Senator Wiles of the 37th recognized the Building Owners and Managers Association Atlanta, commended by SR 764, adopted previously. Senator Tolleson of the 20th recognized the Georgia Peach Festival and the 2007 Georgia Peach Queens, commended by SR 761, adopted previously. Senator Williams of the 19th moved that the Senate adjourn until 9:00 a.m. Friday, February 1, 2008. The motion prevailed, and the President announced the Senate adjourned at 11:04 a.m. 172 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Friday, February 1, 2008 Tenth Legislative Day The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by Senator Eric Johnson, President Pro Tempore. 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 881. By Representatives Jones of the 46th, Coleman of the 97th, Lindsey of the 54th, Millar of the 79th, Everson of the 106th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to provide for legislative findings and intent; to establish the Georgia Charter Schools Commission; to provide for its powers and duties; to provide for chartering authority for commission charter schools; to provide for approval of cosponsors; to provide for cosponsor agreements; to provide for revocation of approval of cosponsors; to provide for application and review; to provide for applications of existing charter schools; to provide for application of the general laws; to provide for access to information; to provide for an annual report; to provide for duties, powers, and authority of the State Board of Education with respect to the foregoing; to provide for duties of the sponsor; to provide for appeal; to provide for debts of charter schools; to provide for findings; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1007. By Representatives Heard of the 104th and Coan of the 101st: A BILL to be entitled an Act to authorize the City of Lawrenceville to FRIDAY, FEBRUARY 1, 2008 173 exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution, as amended, 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 1008. By Representatives Channell of the 116th and Smith of the 113th: A BILL to be entitled an Act to amend an Act creating the Oglethorpe County Water Authority, approved March 3, 1989 (Ga. L. 1989, p. 3605), so as to change the composition of the members of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1010. By Representatives Williams of the 165th, Barnard of the 166th and Stephens of the 164th: A BILL to be entitled an Act to amend an Act establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3765), so as to change the compensation of the solicitor-general of the said court; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1011. By Representatives Williams of the 165th, Barnard of the 166th and Stephens of the 164th: A BILL to be entitled an Act to amend an Act establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by an Act approved March 9, 1959 (Ga. L. 1959, p. 2560), so as to establish the office of judge of the State Court of Liberty County as a full-time office; to provide for the remaining term of the current judge; to provide that successor judges shall be elected in nonpartisan elections; to provide for qualifications; to provide for the judges salary; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1012. 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 174 JOURNAL OF THE SENATE definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1013. 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 older 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. HB 1025. By Representatives Bryant of the 160th, Carter of the 159th, Stephens of the 164th, Jackson of the 161st, Day of the 163rd and others: A BILL to be entitled an Act to provide for an advisory referendum election to be held in the City of Garden City for the purpose of determining whether the members of the city council should be elected by district; to provide for a declaration of public purpose; to provide for the submission of this Act to the United States Department of Justice for preclearance; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1025. By Representatives Harbin of the 118th, Richardson of the 19th, Burkhalter of the 50th and Keen of the 179th: A RESOLUTION proposing an amendment to the Constitution so as to provide for the inclusion of statements of legislative intent in the general appropriations Act and so as to provide that certain appropriations must be expended as specifically authorized by the general appropriations Act; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: FRIDAY, FEBRUARY 1, 2008 175 HB 89. By Representatives Bearden of the 68th, Horne of the 71st, Hatfield of the 177th, Maddox of the 172nd and Smith of the 168th: 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 the carrying and possession of firearms, so as to change certain provisions regarding the transportation of certain firearms; 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 383. By Senators Hill of the 32nd, Chance of the 16th, Hudgens of the 47th, Thomas of the 54th, Goggans of the 7th 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 a short title; to provide for legislative intent; to provide for the Commissioner of Insurance to adopt policies to promote, approve, and encourage health savings account eligible high deductible plans in Georgia; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in such plans; to provide for certain requirements for such plans; to provide for health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses 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 Insurance and Labor Committee. SB 391. By Senators Staton of the 18th, Heath of the 31st, Douglas of the 17th, Rogers of the 21st and Chance of the 16th: A BILL to be entitled an Act to amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as to require the Secretary of State to authorize and procure a website service provider for the purpose of establishing and maintaining a public notice website; to provide for definitions; to provide that, when a public notice is required by law to be published in a manner other than by posting in print in a legal organ of a county or in the official gazette of a municipality, such requirement may be satisfied by posting such public notice on the public notice website; to provide for certain requirements for such website and website provider; to provide for the remission of certain monies generated by the operation of the website back 176 JOURNAL OF THE SENATE to counties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Science and Technology Committee. SB 392. By Senators Staton of the 18th, Harp of the 29th, Carter of the 13th and Murphy of the 27th: 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 of artificial persons 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 provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 393. By Senators Chance of the 16th, Thompson of the 33rd, Tarver of the 22nd and Staton of the 18th: A BILL to be entitled an Act to amend Code Sections 44-12-135 and 44-12136 of the Official Code of Georgia Annotated, relating to the effect of pawnbroker general laws on local laws and the supervision of pawnbrokers by municipalities, respectively, so as to restrict local governments power to require the payment of any fee for pawnbroker transactions or restrict the hours of operation of pawnbrokers; 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 394. By Senators Unterman of the 45th, Wiles of the 37th, Cowsert of the 46th, Hamrick of the 30th, Seabaugh of the 28th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to traffic-control signal monitoring devices, so as to send a portion of the funds generated by trafficcontrol signal monitoring devices to fund a trauma care network; to provide for FRIDAY, FEBRUARY 1, 2008 177 related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 395. By Senators Goggans of the 7th, Johnson of the 1st, Williams of the 19th, Cowsert of the 46th, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, so as to establish the safety net clinic grant program; to provide for definitions; to provide for the purpose of the grant program; to provide for eligibility; to provide for requirements; to provide for planning grants and implementation grants; to provide for data on safety net clinics; to provide for rules, regulations, and procedures; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 396. By Senators Hamrick of the 30th, Smith of the 52nd and Chance of the 16th: A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts, so as to remove all functions of the Department of Administrative Services and transfer such functions; to transfer administrative, and salary paying and travel expense reimbursement functions for superior court judges and court reporters to the Council of Superior Court Judges of Georgia; to amend Code Section 45-12-78 of the O.C.G.A., relating to heads of budget units to submit annual estimates, preparation and submission of budget estimates of legislative and judicial agencies, and review of budget estimates by the Office of Planning and Budget, so as provide that requests for new, expanded, relocated, or renovated rental real estate space be reviewed by the State Properties Commission in lieu of the Department of Administrative Services; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 397. By Senators Bulloch of the 11th, Staton of the 18th and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Code Section 8-3-35 of the Official Code of Georgia Annotated, relating to powers of housing authorities and issuance of bonds, so as to change certain provisions regarding bond issuance 178 JOURNAL OF THE SENATE and validation; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 398. By Senator Thompson of the 33rd: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by, but not exclusively by, an Act approved March 19, 1987 (Ga. L. 1987, p. 4043), so as to provide for the mayors or city councilmembers terms and qualifications for office; to provide for applicability of general law; to provide for election of the city council and mayor; to provide for nonpartisan elections; to provide for election by majority; to provide for special elections; to provide for vacancies; to provide for other provisions; to provide for removal of officers; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 399. By Senators Tolleson of the 20th, Bulloch of the 11th, Henson of the 41st and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Code Section 12-8-40.1 of the Official Code of Georgia Annotated, relating to tire disposal restrictions, so as to extend the period during which certain fees imposed upon retail sales of new replacement tires may be collected; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 400. By Senators Tolleson of the 20th, Bulloch of the 11th and Meyer von Bremen of the 12th: A BILL to be entitled an Act to provide for enforcement of laws related to forestry and fire; to provide punishments for certain violations of such laws; to amend Part 1 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the State Forestry Commission, so as to change certain provisions relating to forestry investigators; to provide for qualifications and powers of such investigators; to provide for arrests; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain provisions relating to burning of woodlands, brush, fields, or other lands and destruction of or damage to FRIDAY, FEBRUARY 1, 2008 179 materials or devices used in detection or suppression of wildfires; to provide penalties for certain arson of lands; to consolidate and harmonize certain provisions relating to arson of lands; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 796. By Senators Rogers of the 21st, Williams of the 19th, Mullis of the 53rd, Pearson of the 51st, Moody of the 56th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for ad valorem tax reform; to freeze the valuation of real property except for certain adjustments; to provide for procedures, conditions, and limitations for certain increases; to provide procedures for increasing or decreasing millage rates on taxes for educational purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Finance Committee. The following House legislation was read the first time and referred to committee: HB 881. By Representatives Jones of the 46th, Coleman of the 97th, Lindsey of the 54th, Millar of the 79th, Everson of the 106th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to provide for legislative findings and intent; to establish the Georgia Charter Schools Commission; to provide for its powers and duties; to provide for chartering authority for commission charter schools; to provide for approval of cosponsors; to provide for cosponsor agreements; to provide for revocation of approval of cosponsors; to provide for application and review; to provide for applications of existing charter schools; to provide for application of the general laws; to provide for access to information; to provide for an annual report; to provide for duties, powers, and authority of the State Board of Education with respect to the foregoing; to provide for duties of the sponsor; to provide for appeal; to provide for debts of charter schools; to provide for findings; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 1007. By Representatives Heard of the 104th and Coan of the 101st: A BILL to be entitled an Act to authorize the City of Lawrenceville to exercise 180 JOURNAL OF THE SENATE all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution, as amended, 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 1008. By Representatives Channell of the 116th and Smith of the 113th: A BILL to be entitled an Act to amend an Act creating the Oglethorpe County Water Authority, approved March 3, 1989 (Ga. L. 1989, p. 3605), so as to change the composition of the members of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1010. By Representatives Williams of the 165th, Barnard of the 166th and Stephens of the 164th: A BILL to be entitled an Act to amend an Act establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3765), so as to change the compensation of the solicitor-general of the said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1011. By Representatives Williams of the 165th, Barnard of the 166th and Stephens of the 164th: A BILL to be entitled an Act to amend an Act establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by an Act approved March 9, 1959 (Ga. L. 1959, p. 2560), so as to establish the office of judge of the State Court of Liberty County as a full-time office; to provide for the remaining term of the current judge; to provide that successor judges shall be elected in nonpartisan elections; to provide for qualifications; to provide for the judges salary; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. FRIDAY, FEBRUARY 1, 2008 181 HB 1012. 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 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 1013. 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 older 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 1025. By Representatives Bryant of the 160th, Carter of the 159th, Stephens of the 164th, Jackson of the 161st, Day of the 163rd and others: A BILL to be entitled an Act to provide for an advisory referendum election to be held in the City of Garden City for the purpose of determining whether the members of the city council should be elected by district; to provide for a declaration of public purpose; to provide for the submission of this Act to the United States Department of Justice for preclearance; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HR 1025. By Representatives Harbin of the 118th, Richardson of the 19th, Burkhalter of the 50th and Keen of the 179th: A RESOLUTION proposing an amendment to the Constitution so as to provide for the inclusion of statements of legislative intent in the general appropriations Act and so as to provide that certain appropriations must be expended as 182 JOURNAL OF THE SENATE specifically authorized by the general appropriations Act; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Appropriations Committee. The following committee reports were read by the Secretary: Mr. President: The 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 301 Do Pass by substitute SB 364 Do Pass Respectfully submitted, Senator Bulloch of the 11th District, Chairman Mr. President: The Finance Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 687 Do Pass by substitute Respectfully submitted, Senator Rogers of the 21st District, Chairman Mr. President: The Government Oversight 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 353 SR 722 SR 748 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Chance of the 16th District, Chairman FRIDAY, FEBRUARY 1, 2008 183 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 216 SB 355 Do Pass Do Pass by substitute Respectfully submitted, Senator Smith of the 52nd District, Chairman Mr. President: The Public Safety 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 315 SB 356 Do Pass by substitute Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Vice-Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 932 HB 933 HB 934 Do Pass Do Pass Do Pass HB 935 Do Pass HB 936 Do Pass Respectfully submitted, Senator Wiles of the 37th District, Chairman The following legislation was read the second time: HR 1022 SB 332 SB 342 SB 347 SB 348 SB 352 The following Senators were excused for business outside the Senate Chamber: Thompson of the 5th Thompson of the 33rd 184 JOURNAL OF THE SENATE Senator Reed of the 35th asked unanimous consent that Senator Ramsey of the 43rd be excused. The consent was granted, and Senator Ramsey was excused. Senator Carter of the 13th asked unanimous consent that Senator Shafer of the 48th be excused. The consent was granted, and Senator Shafer was excused. Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Chapman of the 3rd be excused. The consent was granted, and Senator Chapman was excused. Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Stoner of the 6th be excused. The consent was granted, and Senator Stoner was excused. Senator Tolleson of the 20th asked unanimous consent that Senator Hamrick of the 30th be excused. The consent was granted, and Senator Hamrick 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 roll was called and the following Senators answered to their names: Adelman Balfour Brown Bulloch Butler Carter Chance Cowsert Davenport Douglas Goggans Golden Grant Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Jones Me V Bremen Moody Mullis Murphy Pearson Reed Rogers Schaefer Seabaugh Seay Smith Staton Tarver Tate Thomas,D Thomas,R Tolleson Unterman Weber Wiles Williams Not answering were Senators: Chapman (Excused) Johnson (Presiding) Ramsey (Excused) Thompson, C. (Excused) Fort Orrock Shafer (Excused) Thompson, S. (Excused) Hamrick (Excused) Powell (Excused) Stoner (Excused) FRIDAY, FEBRUARY 1, 2008 185 Senator Nan Orrock 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 Orrock of the 36th introduced the chaplain of the day, Reverend Quinten Gresham of Atlanta, Georgia, who offered scripture reading and prayer. The following bill was taken up to consider House action thereto: HB 89. By Representatives Bearden of the 68th, Horne of the 71st, Hatfield of the 177th, Maddox of the 172nd and Smith of the 168th: 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 the carrying and possession of firearms, so as to change certain provisions regarding the transportation of certain firearms; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment was as follows: Amend the Senate substitute to HB 89 (LC 38 0516S) by inserting after "certain firearms;" on line 7 on page 1 "to prohibit the carrying of firearms and other weapons into certain buildings; to provide a definition; to authorize the carrying of firearms in certain locations;". By inserting after line 14 on page 3 the following: SECTION 4. Said part is further amended by revising Code Section 16-11-127, relating to carrying deadly weapons to or at public gatherings, as follows: "16-11-127. (a) Except as provided in Code Section 16-11-127.1, a person is shall be guilty of a misdemeanor when he or she carries to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense into a prohibited building. (b) For the purpose of this Code section, 'public gathering' shall include, but shall not be limited to, 'prohibited building' means buildings housing any of the following: professional or college athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings government offices, or establishments at which alcoholic beverages are sold for consumption on the premises and which derive less than 50 percent of their total annual gross food and beverage sales from the sale of prepared meals or food. Nothing in this Code section 186 JOURNAL OF THE SENATE shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part. (c) This Code section shall not apply to competitors participating in organized sport shooting events. Law enforcement officers, peace officers retired from state or federal law enforcement agencies, judges, magistrates, solicitors-general, and district attorneys may carry pistols in publicly owned or operated government office buildings. (d) It is shall be an affirmative defense to a violation of this Code section if a person notifies a law enforcement officer or other person employed to provide security for a public gathering prohibited building of the presence of such item as soon as possible after learning of its presence and surrenders or secures such item as directed by the such law enforcement officer or other person employed to provide security for a public gathering such prohibited building. (e) A person licensed or permitted to carry a firearm by this part shall be permitted to carry such firearm, subject to the limitations of this part, in all parks, historic sites, and recreational areas notwithstanding Code Section 12-3-10, in wildlife management areas notwithstanding Code Section 27-3-1.1 and 27-3-6, and in public transportation notwithstanding Code Sections 16-12-122 through 16-12-127; provided, however, that a person shall not carry a firearm into a place prohibited by federal law." By redesignating Sections 4 through 8 as Sections 5 through 9, respectively. By striking lines 9 through 18 on page 4 and inserting in lieu thereof the following: 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 ten days after the date of the application the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a firearms license, the judge of the probate court shall issue the such applicant a license or renewal license to carry any pistol or revolver if no unless facts establishing ineligibility have been reported and if or unless the judge determines the such applicant has not met all the qualifications, is not of good moral character, and has complied or has failed to comply with all any of the requirements contained in this Code section; provided, however, that if the report from the law enforcement agency contains information that, in the opinion of the judge of the probate court, requires further investigation, the judge of the probate court shall be authorized to investigate such information if such investigation is undertaken and pursued on an expedited basis. The judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court." Senator Balfour of the 9th asked unanimous consent that the Senate disagree to the House amendment to the Senate substitute to HB 89. The consent was granted, and the Senate disagreed to the House amendment to the Senate substitute to HB 89. FRIDAY, FEBRUARY 1, 2008 187 The following resolutions were read and adopted: SR 789. By Senator Unterman of the 45th: A RESOLUTION commending Georgia's registered nurses; and for other purposes. SR 790. By Senators Goggans of the 7th, Thomas of the 54th, Smith of the 52nd, Staton of the 18th, Douglas of the 17th and others: A RESOLUTION commending the Georgia Rural Health Association and recognizing February 12, 2008, as "Rural Health Day"; and for other purposes. SR 791. By Senators Harbison of the 15th and Harp of the 29th: A RESOLUTION congratulating the G.W. Carver High School football team on winning the 2007 Class AAA State Championship; and for other purposes. SR 792. By Senator Tarver of the 22nd: A RESOLUTION recognizing the Augusta Metro Chamber of Commerce's centennial annual meeting; and for other purposes. SR 793. By Senators Jackson of the 24th, Grant of the 25th, Douglas of the 17th and Goggans of the 7th: A RESOLUTION recognizing and commending Mayor Bob Knox, Jr., on the occasion of his retirement; and for other purposes. SR 794. By Senator Hawkins of the 49th: A RESOLUTION commending and recognizing Chief Roy Franklin Hooper, Jr.; and for other purposes. SR 795. By Senator Hawkins of the 49th: A RESOLUTION commending and recognizing Sheriff Steve Cronic; and for other purposes. SR 797. By Senators Williams of the 19th and Hill of the 4th: A RESOLUTION recognizing and commending the late Mr. R. T. Stanley, Sr., and his son, Mr. R. T. Stanley, Jr.; and for other purposes. 188 JOURNAL OF THE SENATE Senator Davenport of the 44th recognized Mwangi Mukami, commended by SR 736, adopted previously. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Friday, February 1, 2008 Tenth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 932 Schaefer of the 50th TOWNS COUNTY A BILL to be entitled an Act to amend an Act providing for the board of elections of Towns County, approved April 13, 2001 (Ga. L. 2001, p. 3876), so as to re-create the board as the Board of Elections and Registration of Towns County; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to relieve certain officers of powers and duties and to provide for the transfer of functions to the board; to provide for certain expenditures of public funds; to provide for compensation of personnel; to provide for offices and equipment; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following four local bills relating to homestead exemptions require a two-thirds roll-call vote for passage: HB 933 Schaefer of the 50th TOWNS COUNTY A BILL to be entitled an Act to provide for a homestead exemption from Towns 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 by more than 3 percent; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to HB 934 HB 935 HB 936 FRIDAY, FEBRUARY 1, 2008 189 continue to be received by an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; 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 TOWNS COUNTY A BILL to be entitled an Act to provide for a homestead exemption from Towns 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 by more than 3 percent; 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 an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; 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 CITY OF HIAWASSEE A BILL to be entitled an Act to provide for a homestead exemption from City of Hiawassee 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 by more than 3 percent; 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 an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; 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 CITY OF YOUNG HARRIS A BILL to be entitled an Act to provide for a homestead exemption from City of Young Harris ad valorem taxes for municipal purposes 190 JOURNAL OF THE SENATE 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 by more than 3 percent; 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 an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; 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 Y Brown Y Bulloch Y Butler Y Carter Y Chance E Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay E Shafer,D Y Smith Y Staton 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 Wiles Y Williams 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. FRIDAY, FEBRUARY 1, 2008 191 SENATE RULES CALENDAR FRIDAY, FEBRUARY 1, 2008 TENTH LEGISLATIVE DAY SB 360 Detention; housing state inmates; increase the minimum reimbursement rate paid to counties (Substitute)(SI&P-25th) SB 369 Revenue Dept.; parking permit for disabled persons; affidavit of active duty military physicians (VM&HS-17th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 360. By Senators Grant of the 25th, Johnson of the 1st, Hill of the 4th, Thomas of the 2nd, Reed of the 35th and others: 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 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. The Senate State Institutions and Property Committee offered the following substitute to SB 360: 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 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention, is amended by revising subsection (c) of Code Section 42-5-51, relating to jurisdiction over certain misdemeanor offenders, designation of place of confinement of inmates, and reimbursement of counties for housing state inmates, as follows: 192 JOURNAL OF THE SENATE "(c) After proper documentation is received from the clerk of the court, the department shall have 15 days to transfer an inmate under sentence to the place of confinement. If the inmate is not transferred within the 15 days, the department will reimburse the county, in a sum not less than $7.50 $30.00 per day per inmate and in such an additional amount as may be appropriated for this purpose by the General Assembly, for the cost of the incarceration, commencing 15 days after proper documentation is received by the department from the clerk of the court. The reimbursement provisions of this Code section shall only apply to payment for the incarceration of felony inmates available for transfer to the department, except inmates under death sentence awaiting transfer after their initial trial, and shall not apply to inmates who were incarcerated under the custody of the commissioner at the time they were returned to the county jail for trial on additional charges or returned to the county jail for any other purposes, including for the purpose of a new trial." SECTION 2. This Act shall become effective on July 1, 2009. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Schaefer Y Seabaugh Y Seay E Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman FRIDAY, FEBRUARY 1, 2008 193 Y Hamrick Y Harbison Y Harp Y Hawkins Y Powell Y Ramsey Y Reed Y Rogers Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 360, having received the requisite constitutional majority, was passed by substitute. SB 369. By Senators Douglas of the 17th, Johnson of the 1st, Goggans of the 7th, Hill of the 4th, Staton of the 18th and others: A BILL to be entitled an Act to amend Code Section 40-2-74.1 of the Official Code of Georgia Annotated, relating to special decal for persons with disabilities, so as to provide that the Department of Revenue shall accept the affidavit of active duty military physicians in support of a request for a parking permit for disabled persons; to provide for an affidavit; 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay E Shafer,D Y Smith Y Staton 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 Wiles Y Williams 194 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 54, nays 0. SB 369, having received the requisite constitutional majority, was passed. Senator Hill of the 32nd introduced the doctor of the day, Dr. Karina Belinfante. Senator Williams of the 19th moved that the Senate stand adjourned pursuant to SR 782 until 1:00 p.m. Tuesday, February 5, 2008; the motion prevailed, and at 10:01 a.m. Senator Eric Johnson, President Pro Tempore, announced the Senate adjourned. TUESDAY, FEBRUARY 5, 2008 195 Senate Chamber, Atlanta, Georgia Tuesday, February 5, 2008 Eleventh 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 857. By Representative Lord of the 142nd: A BILL to be entitled an Act to amend an Act placing the Sheriff of Washington County upon an annual salary in lieu of the fee system of compensation, approved March 12, 1965 (Ga. L. 1965, p. 2395), as amended, so as to change the compensation of the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 869. By Representatives Mitchell of the 88th, Oliver of the 83rd, Watson of the 91st, Jacobs of the 80th, Chambers of the 81st and others: A BILL to be entitled an Act to amend an Act to abolish the offices of taxreceiver and tax-collector of DeKalb County, Georgia, to create the office of County Tax-Commissioner of DeKalb County, Georgia, and for other purposes, approved August 18, 1927 (Ga. L. 1927, p. 558), as amended, so as to change certain provisions relating to the filling of vacancies for the office of tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. 196 JOURNAL OF THE SENATE HB 1038. By Representatives Bruce of the 64th, Hembree of the 67th, Brooks of the 63rd and Bearden of the 68th: A BILL to be entitled an Act to authorize the City of Douglasville 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 1039. By Representatives Bruce of the 64th, Hembree of the 67th, Brooks of the 63rd and Bearden of the 68th: A BILL to be entitled an Act to authorize Douglas County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. 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: HB 89. By Representatives Bearden of the 68th, Horne of the 71st, Hatfield of the 177th, Maddox of the 172nd and Smith of the 168th: 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 the carrying and possession of firearms, so as to change certain provisions regarding the transportation of certain firearms; to provide for 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, Jerguson of the 22nd, and Ralston of the 7th. The House has adopted by the requisite constitutional majority the following Resolution of the House: TUESDAY, FEBRUARY 5, 2008 197 HR 1158. By Representatives Byrd of the 20th, Hill of the 21st, Pruett of the 144th, Levitas of the 82nd, Davis of the 122nd and others: A RESOLUTION saluting Georgia BIO and welcoming BIO 2009 to Atlanta, Georgia; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 401. By Senators Staton of the 18th, Carter of the 13th, Chance of the 16th, Rogers of the 21st, Grant of the 25th 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 provide that agency interpretations of rules and regulations and policies shall prevail in the investigation of improper payment of claims by health care providers; to provide for a method of review of such interpretations; to provide for certain notices of investigations and possible prosecutions; to provide an exception; to provide for a review of denied claims for the period under investigation; to provide for advisory opinions under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 402. By Senators Williams of the 19th, Stoner of the 6th, Mullis of the 53rd, Pearson of the 51st and Seay of the 34th: A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to establish the Georgia Coordinating Council for Rural and Human Services Transportation to encourage efficient transportation service delivery in the rural areas of the state and to coordinate human service transportation services in both the rural and urban areas of the state; to provide for legislative findings; to provide for the membership, meetings, and expenses of such council; to provide for advisory committees; to provide for the duties of the council; to provide for an annual report; 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. 198 JOURNAL OF THE SENATE SB 403. By Senators Henson of the 41st, Butler of the 55th, Ramsey, Sr. of the 43rd, Reed of the 35th and Tate of the 38th: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 34 of the Official Code of Georgia Annotated, relating to the master and servant employment relationship generally, so as to provide for prompt payment of wages to an employee following his or her resignation or discharge; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 404. By Senators Williams of the 19th, Goggans of the 7th, Hudgens of the 47th, Rogers of the 21st, Seabaugh of the 28th and others: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Georgia Health Marketplace Act"; to establish the Georgia Health Marketplace to provide access to health care products for Georgia consumers; to provide for definitions; to establish the Georgia Health Marketplace Authority; to provide for its membership and powers; to provide for health care products and programs in the Georgia Health Marketplace; to create a marketing trust fund; to provide for limited liability; to provide for consumer complaints; to provide for catastrophic coverage products; to provide for rules and regulations; 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 405. By Senators Balfour of the 9th, Douglas of the 17th, Murphy of the 27th, Cowsert of the 46th, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 44 of the O.C.G.A., relating to acquisition and loss of property, so as to provide for the enactment of the "Georgia Revised Uniform Anatomical Gift Act"; to repeal the "Georgia Anatomical Gift Act"; to provide for a short title; to provide for definitions; to provide for anatomical gifts; to provide for who may make an anatomical gift; to provide for the manner of making, amending, or revoking an anatomical gift; to provide for refusal to make an anatomical gift; to provide for effectiveness; to provide for search and notification; to provide for delivery of document; to provide for rights and duties of procurement organizations; to provide for coordination of procurement and use; to prohibit the sale or purchase of body TUESDAY, FEBRUARY 5, 2008 199 parts; to provide for penalties; to provide for immunity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 406. By Senators Hamrick of the 30th, Mullis of the 53rd, Rogers of the 21st and Reed of the 35th: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as to increase penalties for reproducing, transferring, selling, distributing, or circulating certain recorded material; to provide for forfeiture of certain items; to provide for additional restitution as it relates to violations of Code Section 16-8-60, relating to reproduction of recorded material, transfer, sale, distribution, and circulation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 407. By Senators Seabaugh of the 28th and Shafer of the 48th: 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 revise the definition of a certain term for purposes of clarification; to revise provisions pertaining to unlawful contracts with utility contractors for purposes of clarification; 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 857. By Representative Lord of the 142nd: A BILL to be entitled an Act to amend an Act placing the Sheriff of Washington County upon an annual salary in lieu of the fee system of compensation, approved March 12, 1965 (Ga. L. 1965, p. 2395), as amended, so as to change the compensation of the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 200 JOURNAL OF THE SENATE HB 869. By Representatives Mitchell of the 88th, Oliver of the 83rd, Watson of the 91st, Jacobs of the 80th, Chambers of the 81st and others: A BILL to be entitled an Act to amend an Act to abolish the offices of taxreceiver and tax-collector of DeKalb County, Georgia, to create the office of County Tax-Commissioner of DeKalb County, Georgia, and for other purposes, approved August 18, 1927 (Ga. L. 1927, p. 558), as amended, so as to change certain provisions relating to the filling of vacancies for the office of tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1038. By Representatives Bruce of the 64th, Hembree of the 67th, Brooks of the 63rd and Bearden of the 68th: A BILL to be entitled an Act to authorize the City of Douglasville 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 1039. By Representatives Bruce of the 64th, Hembree of the 67th, Brooks of the 63rd and Bearden of the 68th: A BILL to be entitled an Act to authorize Douglas County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HR 1158. By Representatives Byrd of the 20th, Hill of the 21st, Pruett of the 144th, Levitas of the 82nd, Davis of the 122nd and others: A RESOLUTION saluting Georgia BIO and welcoming BIO 2009 to Atlanta, TUESDAY, FEBRUARY 5, 2008 201 Georgia; and for other purposes. Referred to the Economic Development Committee. The following legislation was read the second time: HB 301 SB 315 SB 353 SB 355 SB 356 SB 364 SR 687 SR 722 SR 748 The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Reed of the 35th Thompson of the 33rd Senator Seabaugh of the 28th asked unanimous consent that Senator Wiles of the 37th be excused. The consent was granted, and Senator Wiles was excused. Senator Mullis of the 53rd asked unanimous consent that Senator Thomas of the 54th be excused. The consent was granted, and Senator Thomas was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Butler Carter Chance Chapman Davenport Douglas Fort Goggans Grant Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Johnson Jones Me V Bremen Moody Mullis Murphy Pearson Powell Ramsey Rogers Schaefer Seabaugh Seay Shafer,D Smith Staton Stoner Tarver Tate Thomas,R Tolleson Weber Williams Not answering were Senators: Bulloch Hamrick Thomas, D. (Excused) Unterman Cowsert Orrock Thompson, C. Wiles (Excused) Golden (Excused) Reed (Excused) Thompson, S. (Excused) 202 JOURNAL OF THE SENATE The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Cowsert Unterman Thompson of the 5th The members pledged allegiance to the flag. Lt. Governor Cagle introduced the chaplain of the day, Most Reverend J. Kevin Boland, D.D., of Savannah, Georgia, who offered scripture reading and prayer. Senator Hawkins of the 49th recognized Atlanta Braves All-Star Pitching Legend Phil Niekro. Phil Niekro addressed the Senate briefly. The following resolutions were read and adopted: SR 798. By Senators Hill of the 4th and Johnson of the 1st: A RESOLUTION commending and recognizing the exemplary military career of Lieutenant Colonel Kenneth Luikart; and for other purposes. SR 799. By Senator Seabaugh of the 28th: A RESOLUTION commending the late Mrs. Mary Hines Johnson and proclaiming February 9, 2008, "Mary Hines Johnson Day"; and for other purposes. SR 800. By Senators Chance of the 16th, Seay of the 34th, Seabaugh of the 28th, Rogers of the 21st, Johnson of the 1st and others: A RESOLUTION remembering and honoring the life of Mr. Daniel J. Lakly; and for other purposes. SR 801. By Senator Hooks of the 14th: A RESOLUTION recognizing and commending Mrs. Julie Greene and her students from Macon County Middle School; and for other purposes. SR 802. By Senators Hill of the 4th and Williams of the 19th: A RESOLUTION commending Delbert Bland; and for other purposes. TUESDAY, FEBRUARY 5, 2008 203 SR 803. By Senator Hill of the 4th: A RESOLUTION congratulating the Emanuel County Institute Bulldogs for their 2007 Class A Georgia High School Association State Championship; and for other purposes. Senator Hill of the 4th recognized Georgia Southern University Quarterback Jayson Foster, 2007 Walter Payton Award winner, commended by SR 762, adopted previously. Jayson Foster addressed the Senate briefly. SENATE RULES CALENDAR TUESDAY, FEBRUARY 5, 2008 ELEVENTH LEGISLATIVE DAY HR 1022 Certain comprehensive state-wide water management plan; ratify (RULES-20th) Smith-70th Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: HR 1022. By Representatives Smith of the 70th, McCall of the 30th, Cole of the 125th, Manning of the 32nd, Thomas of the 55th and others: Senate Sponsor: Senator Tolleson of the 20th A RESOLUTION To ratify a certain comprehensive state-wide water management plan; to provide for force and effect; to provide for construction; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, pursuant to Article 8 of Chapter 5 of Title 12 of the O.C.G.A., the Environmental Protection Division of the Department of Natural Resources developed a comprehensive state-wide water management plan and submitted such a plan to the Water Council for adoption; and WHEREAS, the Water Council adopted such a plan on January 8, 2008, and submitted such plan to the General Assembly on January 14, 2008, for consideration by the General Assembly under Code Section 12-5-525 of the O.C.G.A.; and 204 JOURNAL OF THE SENATE WHEREAS, it is the desire of the General Assembly to ratify such plan pursuant to Code Section 12-5-525 of the O.C.G.A. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: (1) That the comprehensive state-wide water management plan adopted by the Water Council on January 8, 2008, on file in the office of the director of the Environmental Protection Division, and submitted to the General Assembly on January 14, 2008, is hereby ratified pursuant to Code Section 12-5-525 of the O.C.G.A.; (2) That such nonstatutory plan shall have force and effect; (3) That in the event any provision of such nonstatutory plan irreconcilably conflicts with any current or future statute enacted by the General Assembly, then, to the extent of the conflict, the provisions of such statute shall control; (4) That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval; and (5) That all laws and parts of laws in conflict with this resolution are repealed. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: N Adelman Balfour N Brown Y Bulloch Y Butler Y Carter Y Chance N Chapman N Cowsert Y Davenport Y Douglas N Fort N Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens N Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D N Smith Y Staton Y Stoner Y Tarver Tate Y Thomas,D N Thomas,R N Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber E Wiles Y Williams On the adoption of the resolution, the yeas were 42, nays 10. TUESDAY, FEBRUARY 5, 2008 205 HR 1022, having received the requisite constitutional majority, was adopted. The following communication was received by the Secretary: Senator Horacena Tate District 38 110 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Retirement Urban Affairs The State Senate Atlanta, Georgia 30334 MEMORANDUM TO: FROM: SUBJECT: DATE: Mr. Robert Ewing Secretary of Senate Senator Horacena Tate 38th District REGISTER MISSED VOTE FEBRUARY 5, 2008 Please enter my vote into the record to reflect a "NO" vote on HR 1022 Certain Comprehensive State-wide water management plan; ratify Thank you in advance for your consideration. Senator Pearson of the 51st introduced the doctor of the day, Dr. Larry Anderson. The following bill was taken up to consider House action thereto: HB 89. By Representatives Bearden of the 68th, Horne of the 71st, Hatfield of the 177th, Maddox of the 172nd and Smith of the 168th: 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 the carrying and possession of firearms, so as to change certain provisions regarding the transportation of certain firearms; 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 disagreement to the House amendment to the Senate substitute to HB 89 and that a Conference Committee be appointed. 206 JOURNAL OF THE SENATE The consent was granted, and the President appointed as a Conference Committee the following Senators: Balfour of the 9th, Carter of the 13th and Chance of the 16th. The following communication was received by the Secretary: Senator Greg Goggans District 7 303-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Appropriations Health and Human Services Government Oversight Agriculture and Consumer Affairs Finance Transportation The State Senate Atlanta, Georgia 30334 February 5, 2008 Mr. Bob Ewing Secretary of Senate The State Capitol Atlanta, GA 30334 Dear Mr. Ewing: I would respectfully ask that my name be removed from sponsorship of SB 383. Thank you. Sincerely, /s/ Greg Goggans Senator Williams of the 19th moved that the Senate adjourn until 10:00 a.m. Wednesday, February 6, 2008. The motion prevailed, and the President announced the Senate adjourned at 1:55 p.m. WEDNESDAY, FEBRUARY 6, 2008 207 Senate Chamber, Atlanta, Georgia Wednesday, February 6, 2008 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 communication was received by the Secretary: The State Senate Atlanta, Georgia 30334 February 6, 2008 To: Secretary of the Senate From: Nan Grogan Orrock Senator, District 36 Re: HR 1022 Please indicate in the Journal that my vote on HR 1022 on Feb. 5 should be recorded as "NAY." I inadvertently cast a vote of "YEA" and respectfully request that I be recorded as voting "NAY" on HR 1022. Thank you. /s/ Nan Grogan Orrock 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: 208 JOURNAL OF THE SENATE HB 422. HB 926. HB 975. By Representative Willard 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 a minimum amount for liens; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-1-2 of the Official Code of Georgia Annotated, relating to definitions regarding revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to provide for an effective date; to provide applicability; to repeal conflicting laws; and for other purposes. By Representatives Burkhalter of the 50th, Jones of the 46th, Willard of the 49th, Wilkinson of the 52nd, Martin of the 47th and others: A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to counties and municipal corporations in general, so as to provide that it shall be unlawful for any county or municipal corporation to issue any backdated license, permit, or other similar authorization under certain circumstances; to provide for a criminal penalty; to provide for related matters; to state legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1014. By Representatives Royal of the 171st, Keen of the 179th, Coleman of the 97th and Hembree of the 67th: A BILL to be entitled an Act to amend Titles 20 and 48 of the Official Code of Georgia Annotated, relating, respectively, to education and revenue and taxation, so as to revise and change certain provisions regarding the Georgia Higher Education Savings Plan; to change certain definitions; to change certain provisions regarding the purposes and creation of such plan; to change the authority of the board of directors of such plan; to change certain provisions regarding savings trust accounts; to change certain provisions regarding state income tax adjustments for contributions to or withdrawals from certain college savings programs; to change certain provisions regarding taxation of nonresidents entire net income; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 6, 2008 209 HB 1047. By Representatives Parsons of the 42nd, Teilhet of the 40th, Manning of the 32nd, Golick of the 34th, Ehrhart of the 36th and others: A BILL to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4138), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes. HB 1048. By Representatives Parsons of the 42nd, Teilhet of the 40th, Manning of the 32nd, Golick of the 34th, Franklin of the 43rd 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 29, 2007 (Ga. L. 2007, p. 4151), so as to change the compensation of the chief deputy, the chief investigator, and the executive assistant to the sheriff; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1053. By Representatives Golick of the 34th, Teilhet of the 40th, Tumlin of the 38th, Manning of the 32nd, Parsons of the 42nd and others: A BILL to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; to 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 408. By Senators Shafer of the 48th, Heath of the 31st, Murphy of the 27th, Rogers of the 21st, Hamrick of the 30th 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 change certain provisions relating to local government franchising authority; 210 JOURNAL OF THE SENATE to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 409. By Senators Thomas of the 2nd, Mullis of the 53rd, Powell of the 23rd and Tarver of the 22nd: A BILL to be entitled an Act to amend Part 2 of Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to motorcycles, so as to exempt certain persons from the provisions requiring operators or riders to use protective headgear; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 410. By Senators Stoner of the 6th, Williams of the 19th, Seay of the 34th, Pearson of the 51st and Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 32-10-63 of the Official Code of Georgia Annotated, relating to powers of the State Road and Tollway Authority, so as to authorize the creation of a state congestion relief fund to be used for projects initiated by community improvement districts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 411. By Senators Williams of the 19th, Seay of the 34th, Mullis of the 53rd, Pearson of the 51st and Stoner of the 6th: A BILL to be entitled an Act to amend Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to the procedure for awarding designbuild contracts, so as to eliminate the cap for awarding contracts under the design-build procedure; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 412. By Senators Jones of the 10th, Brown of the 26th, Johnson of the 1st, Seay of the 34th, Chapman of the 3rd and others: A BILL to be entitled an Act to amend Article 7 of Chapter 9 of Title 16 of the WEDNESDAY, FEBRUARY 6, 2008 211 Official Code of Georgia Annotated, relating to motor vehicle sales and transfers, so as to change nomenclature from "air bag" to "life bag"; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change nomenclature from "safety belt" to "life belt"; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to change nomenclature from "air bag" to "life bag"; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 413. By Senators Johnson of the 1st, Shafer of the 48th, Tolleson of the 20th, Henson of the 41st and Stoner of the 6th: 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 substantially and comprehensively revise provisions relating to the licensure and regulation of boxing, wrestling, and martial arts; to provide for the prohibition of certain unarmed combat; to provide for civil regulation and criminal penalties; to provide for the state regulatory body and its officers, agents, and operations; to provide for certain taxes and reporting; to revise provisions relative to ticket brokers and the resale of certain tickets; to provide for other matters related to the foregoing; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 414. By Senators Mullis of the 53rd, Johnson of the 1st, Murphy of the 27th, Seay of the 34th, Chapman of the 3rd and others: A BILL to be entitled an Act to amend Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to provide a short title; to revise certain definitions; to provide for the calling of meetings and the quorum for meetings of the Georgia Firefighter Standards and Training Council; to authorize the Georgia Firefighter Standards and Training Council to adopt rules for the transaction of business and for the creation of committees; to authorize the Georgia Firefighter Standards and Training Council to probate, suspend, or otherwise sanction persons for violating its standards for employment and training related to fire safety and fire fighting; to delete an obsolete provision concerning qualifications of firefighters; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. 212 JOURNAL OF THE SENATE SB 415. By Senators Schaefer of the 50th, Williams of the 19th, Pearson of the 51st, Murphy of the 27th, Douglas of the 17th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the O.C.G.A., relating to juvenile proceedings, so as to reduce the time allowed for the Department of Human Resources to provide emergency care and supervision to a child without a court order; to remove certain immunities; to require a court order to enter the residence of a parent or guardian to seize a child under certain circumstances; to provide that juvenile deprivation hearings shall not be closed except upon the written application of the parents or guardians of the child or children who are the subject of the hearing; to provide that efforts shall be made to place children with relatives prior to transferring custody of such children to the Department of Human Resources; to provide for notices and procedures; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 416. By Senators Hill of the 32nd, Williams of the 19th, Balfour of the 9th and Unterman of the 45th: 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 make findings of fact; to define certain terms; to prohibit the investment of retirement system assets in certain companies with certain business interests in certain governments; to provide for a certain report; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. SR 809. By Senators Jones of the 10th, Brown of the 26th, Johnson of the 1st, Seay of the 34th, Chapman of the 3rd and others: A RESOLUTION urging Congress, governmental agencies, and the automobile industry to substitute the term "life belt" for "seat belt" and "life bag" for "air bag"; and for other purposes. Referred to the Public Safety Committee. SR 811. By Senator Goggans of the 7th: A RESOLUTION honoring the life and service of William Harvey Jewell, Sr., WEDNESDAY, FEBRUARY 6, 2008 213 and dedicating a bridge in his honor; and for other purposes. Referred to the Transportation Committee. SR 812. By Senator Goggans of the 7th: A RESOLUTION celebrating the life of Shellie W. Parrish and dedicating a bridge in his honor; and for other purposes. Referred to the Transportation Committee. SR 813. By Senator Goggans of the 7th: A RESOLUTION honoring Mr. Lucious Murphy Jacobs for his exemplary life and service to the citizens of Berrien County and dedicating a bridge in his honor; and for other purposes. Referred to the Transportation Committee. SR 814. By Senator Goggans of the 7th: A RESOLUTION honoring Virgil T. Barber for his service to his country and dedicating a bridge in his honor; and for other purposes. Referred to the Transportation Committee. SR 815. By Senator Goggans of the 7th: A RESOLUTION honoring the life and military service of Hubert F. Comer and dedicating a bridge in his honor; and for other purposes. Referred to the Transportation Committee. SR 819. By Senators Seabaugh of the 28th, Murphy of the 27th, Rogers of the 21st, Hudgens of the 47th, Moody of the 56th and others: A RESOLUTION creating the Senate Comprehensive Firearms Law Study Committee; and for other purposes. Referred to the Judiciary Committee. 214 JOURNAL OF THE SENATE SR 820. By Senators Mullis of the 53rd and Tolleson of the 20th: A RESOLUTION creating the Joint Department of Natural Resources Law Enforcement Study Committee; 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 422. By Representative Willard 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 a minimum amount for liens; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. HB 926. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-1-2 of the Official Code of Georgia Annotated, relating to definitions regarding revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to provide for an effective date; to provide applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 975. By Representatives Burkhalter of the 50th, Jones of the 46th, Willard of the 49th, Wilkinson of the 52nd, Martin of the 47th and others: A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to counties and municipal corporations in general, so as to provide that it shall be unlawful for any county or municipal corporation to issue any backdated license, permit, or other similar authorization under certain circumstances; to provide for a criminal penalty; to provide for related matters; to state legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. WEDNESDAY, FEBRUARY 6, 2008 215 HB 1014. By Representatives Royal of the 171st, Keen of the 179th, Coleman of the 97th and Hembree of the 67th: A BILL to be entitled an Act to amend Titles 20 and 48 of the Official Code of Georgia Annotated, relating, respectively, to education and revenue and taxation, so as to revise and change certain provisions regarding the Georgia Higher Education Savings Plan; to change certain definitions; to change certain provisions regarding the purposes and creation of such plan; to change the authority of the board of directors of such plan; to change certain provisions regarding savings trust accounts; to change certain provisions regarding state income tax adjustments for contributions to or withdrawals from certain college savings programs; to change certain provisions regarding taxation of nonresidents entire net income; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1047. By Representatives Parsons of the 42nd, Teilhet of the 40th, Manning of the 32nd, Golick of the 34th, Ehrhart of the 36th and others: A BILL to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4138), 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. HB 1048. By Representatives Parsons of the 42nd, Teilhet of the 40th, Manning of the 32nd, Golick of the 34th, Franklin of the 43rd 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 29, 2007 (Ga. L. 2007, p. 4151), so as to change the compensation of the chief deputy, the chief investigator, and the executive assistant to the sheriff; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 216 JOURNAL OF THE SENATE HB 1053. By Representatives Golick of the 34th, Teilhet of the 40th, Tumlin of the 38th, Manning of the 32nd, Parsons of the 42nd and others: A BILL to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; to 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: 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 361 Do Pass by substitute Respectfully submitted, Senator Hamrick of the 30th District, Chairman Mr. President: The Finance Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 159 SR 686 SR 796 Do Pass by substitute Do Pass Do Pass by substitute Respectfully submitted, Senator Rogers of the 21st District, Chairman Mr. President: The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: WEDNESDAY, FEBRUARY 6, 2008 217 SB 348 Pursuant to Senate Rule 2-1.10(b), referred by the Senate Rules Committee to the Senate Insurance and Labor Committee from the General Calendar. Respectfully submitted, Senator Balfour of the 9th District, Chairman The following Senators were excused for business outside the Senate Chamber: Johnson of the 1st Meyer von Bremen of the 12th Tolleson of the 20th Senator Harp of the 29th asked unanimous consent that Senator Thomas of the 54th be excused. The consent was granted, and Senator Thomas was excused. Senator Davenport of the 44th 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 Butler Carter Chance Chapman Cowsert Davenport Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Reed Rogers Schaefer Seabaugh Seay Shafer,D Smith Staton Stoner Tarver Tate Thomas,R Thompson,S Unterman Weber Wiles Not answering were Senators: Bulloch Thomas, D. (Excused) Williams Johnson (Excused) Meyer von Bremen (Excused) Thompson, C. (Excused) Tolleson (Excused) The members pledged allegiance to the flag. 218 JOURNAL OF THE SENATE Senator Mullis of the 53rd introduced the chaplain of the day, Reverend Todd Gaddis of LaFayette, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 804. By Senator Douglas of the 17th: A RESOLUTION recognizing and commending the Atlanta Fine Arts League, Inc., and its "Art From the Heart" capitol exhibit; and for other purposes. SR 805. By Senator Meyer von Bremen of the 12th: A RESOLUTION commending the Darton College golf team; and for other purposes. SR 806. By Senator Thomas of the 2nd: A RESOLUTION recognizing St. Philip Monumental A.M.E. Church on the occasion of its hosting of the 143rd Session of the Georgia Annual Conference of the African Methodist Episcopal Church; and for other purposes. SR 807. By Senator Thomas of the 2nd: A RESOLUTION commending the Savannah Community Church and the Give Kids A Smile program in Savannah for increasing community awareness of the importance of oral hygiene; and for other purposes. SR 808. By Senator Tarver of the 22nd: A RESOLUTION recognizing the Lucy Craft Laney Museum of Black History; and for other purposes. SR 810. By Senators Hooks of the 14th, Johnson of the 1st and Balfour of the 9th: A RESOLUTION recognizing and commending Tim Crimmins, Anne Farrisee, Diane Kirkland, Jamil Zainaldin, the Georgia Humanities Council, Georgia State University, the University of Georgia, and Senator George Hooks for their work in support of Democracy Restored: A History of the Georgia State Capital; and for other purposes. SR 816. By Senators Hawkins of the 49th and Murphy of the 27th: A RESOLUTION recognizing and commending the Pharmaceutical Research WEDNESDAY, FEBRUARY 6, 2008 219 and Manufacturers of America (PhRMA) on the 20th anniversary of its Discoverers Award program; and for other purposes. SR 817. By Senators Bulloch of the 11th, Hudgens of the 47th, Tolleson of the 20th, Hill of the 4th, Heath of the 31st and others: A RESOLUTION recognizing and commending the Future Farmers of America; and for other purposes. SR 818. By Senators Bulloch of the 11th, Hudgens of the 47th, Tolleson of the 20th, Hill of the 4th, Heath of the 31st and others: A RESOLUTION recognizing and commending the Georgia Farm Bureau Federation; and for other purposes. SR 821. By Senator Hill of the 32nd: A RESOLUTION commending Alyssa Stokes; and for other purposes. Senator Pearson of the 51st recognized musician Jane Little, commended by SR 374, adopted previously. Senator Hooks of the 14th recognized Macon County Middle School teacher Julie Greene and her students, commended by SR 801, adopted previously. Senator Hill of the 4th recognized Delbert Bland, commended by SR 802, adopted previously. Delbert Bland addressed the Senate briefly. Senator Adelman of the 42nd introduced the doctor of the day, Dr. Stuart Segerman. Senator Douglas of the 17th was excused for business outside the Senate Chamber. SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 6, 2008 TWELFTH LEGISLATIVE DAY SB 216 Grand Juries; certain individuals not qualified to serve as grand jurors (JUDY-16th) SB 230 State Personnel Board/Merit System; define classified/unclassified service (I&L-53rd) 220 JOURNAL OF THE SENATE SB 315 Driver's Licenses; abolish Ga. Driver's Education Commission; transfer purposes/duties to State Board of Education (Substitute)(PUB SAF-52nd) SB 342 Water Conservation and Drought Relief Act; issuance of permits; certifications; construction of new public water supply reservoirs (NR&E-51st) SB 352 Government; legislative override; change certain exemptions (NR&E-46th) 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 216. By Senators Chance of the 16th, Smith of the 52nd, Carter of the 13th, Rogers of the 21st, Whitehead, Sr. of the 24th and others: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions of grand juries, so as to provide that certain individuals are not qualified to serve as grand jurors; to repeal conflicting laws; and for other purposes. Senators Thomas of the 2nd and Williams of the 19th offered the following amendment #1: Amend SB 216 by substituting the word "incompetent" on line 10 to "not qualified" to serve... Senator Harp of the 29th objected. On the adoption of amendment #1, the yeas were 29, nays 5, and the Thomas of the 2nd, Williams amendment #1 was adopted. Senators Carter of the 13th and Chance of the 16th offered the following amendment #2: Amend SB 216 by striking lines 14 through 17 of page 1 and inserting in lieu thereof the following: (2) Any person who has been convicted of a felony and who has not been pardoned or had his or her civil rights restored; (3) Any person under indictment for a felony in any court in Georgia or any other WEDNESDAY, FEBRUARY 6, 2008 221 state in the United States or the federal courts; and (4) Any person accused of a felony pursuant to Code Section 17-7-70.1." On the adoption of amendment #2, the yeas were 42, nays 0, and the Carter, Chance amendment #2 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Y Jones E Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 216, having received the requisite constitutional majority, was passed as amended. Senator Hill of the 4th recognized the Emanuel County Institute Bulldogs for their 2007 Class A Georgia High School Association State Championship, commended by SR 803, adopted previously. Head Coach Milan Turner addressed the Senate briefly. Senator Williams of the 19th assumed the Chair. The Calendar was resumed. 222 JOURNAL OF THE SENATE SB 230. By Senators Mullis of the 53rd, Rogers of the 21st, Wiles of the 37th and Murphy of the 27th: A BILL to be entitled an Act to amend Chapter 20 of Title 45 of the O.C.G.A., relating to personnel administration, so as to define the classified and unclassified service; to provide for the authority of the State Personnel Board and the State Merit System relative to both classified and unclassified service; to modify language relative to these authorizations and definitions to rescind provisions governing interdepartmental transfers; to change certain provisions relating to classified and nonclassified employees; to change definitions relating to personnel administration and classified and unclassified employees; to clarify certain duties of the State Personnel Board; to modify certain duties of the commissioner of personnel administration; to rename the Advisory Council for Personnel Administration and change the manner in which persons become members of the council; to modify certain rights of unclassified service; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown Y Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Y Jones E Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate E Thomas,D N Thomas,R Y Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) WEDNESDAY, FEBRUARY 6, 2008 223 On the passage of the bill, the yeas were 46, nays 3. SB 230, having received the requisite constitutional majority, was passed. SB 315. By Senators Smith of the 52nd and Hawkins of the 49th: A BILL to be entitled an Act to amend Chapter 21 of Title 15 of the O.C.G.A., relating to payment and disposition of fines, so as to abolish the Georgia Drivers Education Commission and transfer the purposes and duties of such commission to the State Board of Education; 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 change the age for the issuance of certain drivers licenses and instructional permits; to provide for an increase in the age for the issuance of certain drivers licenses and instructional permits upon the certification of the availability of driver education programs by the State Board of Education; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Public Safety Committee offered the following substitute to SB 315: A BILL TO BE ENTITLED AN ACT To amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines, so as to extend the collection of certain additional penalties for traffic violations; 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 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines, is amended by revising Code Section 15-21-179, relating to additional penalties for violation of traffic laws or ordinances, as follows: "15-21-179. (a) In every case in which any court in this state shall impose a fine or bond payment, which shall be construed to include costs, for any violation of the traffic laws of this state or for violations of ordinances of political subdivisions which have adopted by reference the traffic laws of this state, there shall be imposed as an additional penalty a sum equal to 5 percent of the original fine. (b) Such sums shall be in addition to any amount required to be paid into any pension, annuity, or retirement fund under Title 47 or any other law and in addition to any other amounts provided for in this article. 224 JOURNAL OF THE SENATE (c) This Code section shall be repealed in its entirety on June 30, 2008 2013, unless extended by an Act of the General Assembly." 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, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Y Jones E Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Williams (PRS) On the passage of the bill, the yeas were 52, nays 0. SB 315, having received the requisite constitutional majority, was passed by substitute. WEDNESDAY, FEBRUARY 6, 2008 225 The following Senators were excused for business outside the Senate Chamber: Hamrick of the 30th Weber of the 40th Murphy of the 27th Smith of the 52nd 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 387. By Representatives Loudermilk of the 14th, Keen of the 179th, Burkhalter of the 50th, Fleming of the 117th, Roberts of the 154th 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 make certain findings; to provide for annual observance of "Georgia Day"; to repeal conflicting laws; and for other purposes. The Calendar was resumed. SB 342. By Senators Pearson of the 51st, Tolleson of the 20th, Johnson of the 1st, Williams of the 19th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Code Section 2-6-27 of the O.C.G.A., relating to additional powers and duties of the State Soil and Water Conservation Commission, so as to change certain provisions relating to additional powers and duties of the State Soil and Water Conservation Commission; to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to change certain provisions relating to powers of the Environmental Protection Division with respect to federal acts and receipt and expenditure of federal and state appropriations; to provide for issuance of permits, certifications, and other documents relating to construction of new public water supply reservoirs by local government entities; to provide a short title; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following Fiscal Note, as required by law, was read by the Secretary: 226 JOURNAL OF THE SENATE 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 7, 2008 Honorable Chip Pearson State Senator Paul D. Coverdell Office Building, Room 321-B Atlanta, Georgia 30334 SUBJECT: Fiscal Note Senate Bill 342 (LC 25 5008) Dear Senator Pearson: This bill would expand the duties of the State Soil and Water Conservation Commission (SWCC) to provide up to 20% of the cost of obtaining permits for constructing improvements to dams that were originally constructed and financially assisted by the federal Natural Resources Conservation Service, provided that matching federal funds are available for such use. In addition, the bill would allow the SWCC to fund up to 40% of the cost of obtaining a permit for the construction of any new public water supply reservoirs. The bill would also require the state Department of Natural Resources (DNR) to make available, in a single collection, all forms necessary for permit applications regarding new public water supply reservoirs. The SWCC indicated that, as this would be an entirely new function for them, they were unable to estimate the volume and associated costs of obtaining the dam or reservoir permits. However, they indicated that their budget currently does not include funding for either the 20% of permit costs for dam improvements or the 40% of permit costs for new reservoir construction. Consequently, the cost estimates included below are exclusive of additional appropriation amounts that may be needed to fund these permit costs. The estimated first-year cost to implement the provisions of this bill total approximately $154,500, with an estimated cost of about $137,500 for each following year. The SWCC estimates that, at a minimum, two additional full-time staff, consisting of an engineer and WEDNESDAY, FEBRUARY 6, 2008 227 a resource specialist, would be necessary to assess dam and reservoir improvements in order to comply with permit requirements. The salary and benefits of these staff, plus the purchase of a vehicle total approximately $150,000. In addition, if the timetable for the implementation of this new program exceeds the availability of SWCC's legal counsel, outside counsel would be needed to write the new policies, costing an estimated $4,500. The DNR indicated that there would be no significant fiscal impact to the agency associated with this bill. Respectfully, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget Senator Pearson of the 51st offered the following amendment #1: Amend SB 342 by striking on line 1, page 2: "provided that matching Federal Funds are obtained for such purposes." On the adoption of the amendment, there were no objections, and the Pearson amendment #1 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Y Jones E Me V Bremen Y Moody Y Mullis E Murphy Y Schaefer Y Seabaugh Seay Y Shafer,D E Smith Y Staton Stoner Y Tarver Tate E Thomas,D N Thomas,R Y Thompson,C Y Thompson,S 228 JOURNAL OF THE SENATE Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Tolleson Y Unterman E Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 44, nays 1. SB 342, having received the requisite constitutional majority, was passed as amended. SB 352. By Senators Cowsert of the 46th, Tolleson of the 20th, Bulloch of the 11th, Pearson of the 51st, Smith of the 52nd and others: A BILL to be entitled an Act to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on actions to contest rules, and legislative override, so as to change certain exemptions from legislative override; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Cowsert of the 46th offered the following amendment #1: Amend SB 352 by revising line 16 of page 1 to read as follows: statutes or regulations or to exercise certain powers delegated by the federal government to the state to implement federal statutes or regulations, but paragraph (2) of this subsection shall apply to the On the adoption of the amendment, there were no objections, and the Cowsert amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: N Adelman Y Balfour Y Brown Y Bulloch N Butler N Carter N Chance N Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Schaefer Y Seabaugh Y Seay Y Shafer,D E Smith Y Staton N Stoner WEDNESDAY, FEBRUARY 6, 2008 229 Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins E Johnson N Jones E Me V Bremen Y Moody Y Mullis E Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Tarver N Tate E Thomas,D Y Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 34, nays 14. SB 352, having received the requisite constitutional majority, was passed as amended. Senator Balfour of the 9th moved that the Senate adjourn until 10:00 a.m. Thursday, February 7, 2008. The motion prevailed, and Senator Williams of the 19th announced the Senate adjourned at 12:34 p.m. 230 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, February 7, 2008 Thirteenth 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 1033. By Representative Hudson of the 124th: A BILL to be entitled an Act to provide a new charter for the City of Edgehill in Glascock County; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, 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 officers, agents, and personnel of the city; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes. HB 1089. By Representatives Johnson of the 37th, Parsons of the 42nd, Golick of the 34th, Teilhet of the 40th, Ehrhart of the 36th and others: A BILL to be entitled an Act to amend an Act changing the compensation THURSDAY, FEBRUARY 7, 2008 231 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 29, 2007 (Ga. L. 2007, p. 4154), 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 following Senate legislation was introduced, read the first time and referred to committee: SB 417. By Senators Mullis of the 53rd, Seay of the 34th, Williams of the 19th, Stoner of the 6th and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner of transportation to develop and publish benchmarks and issue reports on the progress of construction projects; to require the commissioner to perform value engineering studies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 418. By Senators Balfour of the 9th, Hawkins of the 49th and Cowsert of the 46th: 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 definitions; to provide for standards for testing of cigarettes; to provide for written certification; to provide for required marking of cigarettes; to provide for forfeiture; to provide civil penalties; to provide for inspections; to provide for preemption; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SB 419. By Senator Thompson of the 5th: A BILL to be entitled an Act to amend Code Section 50-5-56 of the Official Code of Georgia Annotated, relating to the establishment of standard contract 232 JOURNAL OF THE SENATE specifications for state contracts by the Department of Administrative Services, so as to provide for certain contract specifications; to provide for interest payments where payments are owed and past due; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. SB 420. By Senators Pearson of the 51st, Mullis of the 53rd, Williams of the 19th, Rogers of the 21st and Tolleson of the 20th: A BILL to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to exempt the Department of Transportation and its contractors from civil penalties levied for violations; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 421. By Senators Pearson of the 51st, Rogers of the 21st, Wiles of the 37th, Hawkins of the 49th, Williams of the 19th and others: A BILL to be entitled an Act to amend Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to the crime of knowingly manufacturing, selling, or distributing false identification documents, so as to change the penalties for such offense based upon the age of the person convicted and the nature of the crime; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 422. By Senator Thompson of the 5th: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide that the election superintendent may establish polling places outside the boundaries of precincts; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. THURSDAY, FEBRUARY 7, 2008 233 SB 423. By Senators Grant of the 25th, Harp of the 29th, Goggans of the 7th, Hooks of the 14th, Adelman of the 42nd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to general provisions related to examination and treatment for mental illness, so as to prohibit the use of prior authorization or other restrictions on certain medications prescribed for patients receiving treatment for certain mental illnesses under a Medicaid fee for service program; 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 424. By Senator Grant of the 25th: A BILL to be entitled an Act to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbering, so as to change certain requirements related to obtaining a license to practice barbering; to provide for exceptions; to change certain provisions relating to the requirements for a license to operate barbershop and a license to apprentice as a barber; 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 425. By Senator Grant of the 25th: A BILL to be entitled an Act to amend Chapter 9 of Title 45 of the O.C.G.A., relating to insuring and indemnification, so as to amend certain provisions pertaining to providing insurance coverage by the commissioner of administrative services; to authorize the Department of Administrative Services to establish incentive programs including differential premium rates and deductibles based on loss histories of state agencies, institutions, and authorities, and such entities participation in loss control programs; to provide for definitions; to repeal provisions relating to employee operation of state motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. 234 JOURNAL OF THE SENATE SB 426. By Senators Chapman of the 3rd, Unterman of the 45th, Harp of the 29th, Staton of the 18th, Hudgens of the 47th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, so as to prohibit construction of new private residential housing on certain state-owned lands; to prevent impairment of obligations of contracts; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. SB 427. By Senators Chapman of the 3rd, Unterman of the 45th, Harp of the 29th, Staton of the 18th, Hudgens of the 47th and others: A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island-- State Park Authority, so as to require certain restrictions in leases or deeds for certain property on Jekyll Island; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. SB 428. By Senators Chapman of the 3rd, Unterman of the 45th, Harp of the 29th, Staton of the 18th, Hudgens of the 47th and others: A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island-- State Park Authority, so as to define certain terms; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. SR 822. By Senators Shafer of the 48th, Mullis of the 53rd, Reed of the 35th, Pearson of the 51st, Smith of the 52nd and others: A RESOLUTION creating the Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission; and for other purposes. Referred to the Rules Committee. THURSDAY, FEBRUARY 7, 2008 235 SR 827. By Senators Schaefer of the 50th, Hudgens of the 47th, Unterman of the 45th, Chapman of the 3rd, Staton of the 18th and others: A RESOLUTION urging the United States Congress to withdraw the United States from the Security and Prosperity Partnership of North America and from any other bilateral or multilateral activity that seeks the economic merger of the United States with any other country; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. The following House legislation was read the first time and referred to committee: HB 387. By Representatives Loudermilk of the 14th, Keen of the 179th, Burkhalter of the 50th, Fleming of the 117th, Roberts of the 154th 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 make certain findings; to provide for annual observance of "Georgia Day"; to repeal conflicting laws; and for other purposes. Referred to the Rules Committee. HB 1033. By Representative Hudson of the 124th: A BILL to be entitled an Act to provide a new charter for the City of Edgehill in Glascock County; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, 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 officers, agents, and personnel of the city; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 236 JOURNAL OF THE SENATE HB 1089. By Representatives Johnson of the 37th, Parsons of the 42nd, Golick of the 34th, Teilhet of the 40th, Ehrhart of the 36th 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 29, 2007 (Ga. L. 2007, p. 4154), so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 351 SB 367 SB 382 Do Pass by substitute Do Pass Do Pass 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: SB 384 SB 385 Do Pass Do Pass Respectfully submitted, Senator Shafer of the 48th District, Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration THURSDAY, FEBRUARY 7, 2008 237 the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 820 HB 821 HB 995 Do Pass Do Pass Do Pass HB 1002 Do Pass HB 1039 Do Pass Respectfully submitted, Senator Wiles of the 37th District, Chairman Mr. President: The Transportation Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 371 SR 750 SR 781 Do Pass by substitute Do Pass by substitute Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Chairman The following legislation was read the second time: SB 361 SR 686 SR 796 Senator Thompson of the 33rd was excused for business outside the Senate Chamber. Senator Butler of the 55th asked unanimous consent that Senator Fort of the 39th be excused. The consent was granted, and Senator Fort was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Bulloch Butler Chance Chapman Cowsert Davenport Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Johnson Jones Rogers Seabaugh Seay Shafer,D Smith Staton Stoner Tarver Thomas,D 238 JOURNAL OF THE SENATE Douglas Goggans Golden Grant Hamrick Harbison Harp Hawkins Me V Bremen Moody Mullis Murphy Orrock Ramsey Reed Thomas,R Thompson,C Tolleson Unterman Weber Wiles Williams Not answering were Senators: Carter Powell Thompson, S. (Excused) Fort (Excused) Schaefer Pearson Tate Senator Schaefer of the 50th 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 Tolleson of the 20th introduced the chaplain of the day, Dr. Frank Wood of Dudley, Georgia, who offered scripture reading and prayer. Senator Staton of the 18th introduced the doctor of the day, Dr. John Rogers. The following resolutions were read and adopted: SR 823. By Senator Seabaugh of the 28th: A RESOLUTION recognizing and honoring the life of Emory Lee and the contributions he made to the game of golf; and for other purposes. SR 824. By Senator Davenport of the 44th: A RESOLUTION recognizing and honoring the life of Mr. Wade Starr, Sr.; and for other purposes. SR 825. By Senator Hill of the 4th: A RESOLUTION recognizing and commending Excelsior Electric Membership Corporation on its 70th year of service; and for other purposes. THURSDAY, FEBRUARY 7, 2008 239 SR 828. By Senators Carter of the 13th, Hooks of the 14th and Bulloch of the 11th: A RESOLUTION recognizing and commending Miss Hannah Lee Jones, the 2008 Georgia Watermelon Queen; and for other purposes. SR 829. By Senators Carter of the 13th, Hooks of the 14th and Bulloch of the 11th: A RESOLUTION recognizing the Cordele-Crisp County Fish Fry and commending Mr. Jimmy Black, Mr. Noel Williams, Jr., Mr. Ferrell Henry, Mr. Jack Hamilton, Jr., and the Cordele-Crisp County Fish Fry cooking team; and for other purposes. SR 830. By Senator Pearson of the 51st: A RESOLUTION commending and recognizing Mr. Grant Shope, Mr. Jake Baudin, and Mr. Cody Hall; 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 7, 2008 Thirteenth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 820 Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Wiles of the 37th STATE COURT OF 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 1, 2006 (Ga. L. 2006, p. 3984), 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. 240 HB 821 HB 995 HB 1002 JOURNAL OF THE SENATE Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Wiles of the 37th STATE COURT OF 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, 2006 (Ga. L. 2006, p. 4276), 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. Heath of the 31st HARALSON COUNTY A BILL to be entitled an Act to amend an Act providing for the creation of a multimember board of commissioners as the governing authority of Haralson County, approved August 24, 2001 (Ga. L. 2001 Ex. Sess., p. 247), so as to provide for staggered terms of office for members of the board of commissioners; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965; to provide an effective date; to repeal conflicting laws; and for other purposes. Hooks of the 14th AMERICUS-SUMTER COUNTY A BILL to be entitled an Act to repeal an Act creating the AmericusSumter County Parks and Recreation Authority, approved April 19, 2000 (Ga. L. 2000, p. 4099); to provide for the transfer of all real and personal property, operating expenses, and contractual obligations of the Americus-Sumter County Parks and Recreation Authority to the City of Americus and Sumter County; to remove from office the appointed members of the authority; to provide for effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1039 THURSDAY, FEBRUARY 7, 2008 241 Hamrick of the 30th Reed of the 35th DOUGLAS COUNTY A BILL to be entitled an Act to authorize Douglas County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams 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. 242 JOURNAL OF THE SENATE SENATE RULES CALENDAR THURSDAY, FEBRUARY 7, 2008 THIRTEENTH LEGISLATIVE DAY SB 340 Counties; municipal corporations; prohibit sanctuary policies by local government entities (VM&HS-51st) SB 347 Insurance Companies; software as admitted asset when determining financial condition (I&L-47th) SB 355 Property; mortgages, conveyance to secure debt, liens; disbursement of certain settlement funds after closing; general provisions (Substitute) (JUDY-52nd) SB 364 Livestock; remove ratites/reclassify as poultry for certain purposes; definitions; brand or tattoo registration certificates; provisions (AG&CA-11th) SB 350 Drivers' Licenses; requirement; driving while license suspended/revoked; change certain provision (PUB SAF-37th) 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 340. By Senators Pearson of the 51st, Rogers of the 21st, Johnson of the 1st, Williams of the 19th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to prohibit sanctuary policies by local governmental entities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senators Rogers of the 21st and Pearson of the 51st offered the following amendment #1: Amend SB 340 by adding after the word "To" on line 1 of page 1 the following: amend Code Section 13-10-91 of the Official Code of Georgia Annotated, relating to verification of new employee information, so as to provide for penalties; to THURSDAY, FEBRUARY 7, 2008 243 By adding after "entities;" on line 3 of page 1 the following: to provide for penalties; to amend Code Section 50-36-1 of the Official Code of Georgia Annotated, relating to the verification requirements, procedures, and conditions for determining lawful presence in the United States, so as to provide for penalties; By inserting between lines 7 and 8 of page 1 the following: Code Section 13-10-91 of the Official Code of Georgia Annotated, relating to the verification of new employee information, is amended by adding a new subsection to read as follows: "(f) On or after July 1, 2008, any public employer that fails to abide by any requirement of this Code section shall be subject to the withholding of state funding or state administered federal funding." SECTION 2. By inserting between lines 21 and 22 of page 2 the following: SECTION 3. Code Section 50-36-1, relating to the verification requirements, procedures, and conditions for determining lawful presence in the United States, is amended by adding a new subsection to read as follows: "(k) On or after July 1, 2008, any public employer that fails to abide by any requirement of this Code section shall be subject to the withholding of state funding or state administered federal funding." By renumbering Sections 2 and 3 as Section 4 and 5, respectively. On the adoption of amendment, there were no objections, and the Rogers, Pearson amendment #1 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown Y Bulloch Butler Y Carter Y Chance Y Chapman Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Stoner Y Tarver 244 JOURNAL OF THE SENATE Y Cowsert N Davenport Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Jones N Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey N Reed Y Rogers N Tate Y Thomas,D N Thomas,R N Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 8. SB 340, having received the requisite constitutional majority, was passed as amended. SB 347. By Senators Hudgens of the 47th and Rogers of the 21st: A BILL to be entitled an Act to amend Chapter 10 of Title 33 of the Official Code of Georgia Annotated, relating to assets and liabilities of insurance companies, so as to provide that software may be considered an admitted asset when determining the financial condition of insurance companies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Thompson of the 33rd offered the following amendment #1: Amend SB 347 by adding a new subsection (4) on line 16, of page (1) to read as follows, In addition to the above that they add to the annual published statement of condition as required by law, the number of rate filing increases applied for during the previous calendar year. Senator Thompson of the 33rd asked unanimous consent that his amendment #1 be withdrawn. The consent was granted, and the Thompson of the 33rd amendment #1 was withdrawn. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: THURSDAY, FEBRUARY 7, 2008 245 Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 54, nays 0. SB 347, having received the requisite constitutional majority, was passed. Senator Carter of the 13th recognized Miss Hannah Lee Jones, the 2008 Georgia Watermelon Queen, commended by SR 828, adopted previously. Senator Carter of the 13th recognized the Cordele-Crisp County Fish Fry and introduced Mr. Jimmy Black, Mr. Noel Williams, Jr., Mr. Ferrell Henry, Mr. Jack Hamilton, Jr., and the Cordele-Crisp County Fish Fry cooking team, commended by SR 829, adopted previously. Senator Murphy of the 27th was excused for business outside the Senate Chamber. The Calendar was resumed. SB 355. By Senators Smith of the 52nd, Hamrick of the 30th, Cowsert of the 46th, Harp of the 29th, Meyer von Bremen of the 12th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to provide for the disbursement of certain settlement funds after closing even though such 246 JOURNAL OF THE SENATE funds are not collected funds; to provide that lenders shall provide loan funds in the form of collected funds at or prior to closing; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 355: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to provide for the disbursement of certain settlement funds after closing even though such funds are not collected funds; to provide that lenders shall provide loan funds in the form of collected funds at or prior to closing; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, is amended by revising subsections (c) and (d) of Code Section 44-14-13, relating to disbursement of settlement proceeds, as follows: "(c) Except as otherwise provided in this Code section, a settlement agent shall not cause a disbursement of settlement proceeds unless such settlement proceeds are collected funds. Notwithstanding that a deposit made by a settlement agent to its escrow account does not constitute collected funds, the A settlement agent may cause a disbursement of disburse settlement proceeds from the its escrow account in reliance on such deposit under any of the following circumstances after receipt of any of the following negotiable instruments even though the same are not collected funds: (1) The deposit is either Either (A) a check or draft representing the loan funds issued by, (B) a certified check, cashiers check, or treasurers check issued by or drawn on, or (C) other similar primary obligation of a federally insured bank, savings bank, savings and loan association, or credit union or of any holding company or wholly owned subsidiary of any of the foregoing; (2) The deposit is either a check or draft issued by a lender approved by the United States Department of Housing and Urban Development (HUD); (3) The deposit is a check issued by a lender qualified to do business in Georgia; (4)(2) The deposit is a A check drawn on the escrow account of an attorney licensed to practice law in the State of Georgia or on the escrow account of a real estate broker licensed under Chapter 40 of Title 43, if the settlement agent has reasonable and prudent grounds to believe that the deposit check will constitute collected funds in the settlement agents escrow account within a reasonable period; THURSDAY, FEBRUARY 7, 2008 247 (5)(3) The deposit is a A check issued by the United States of America or any agency thereof or the State of Georgia or any agency or political subdivision of the State of Georgia; or (6)(4) The deposit is a personal A check or checks in an aggregate amount not exceeding $5,000.00 per loan closing. For purposes of this Code section, disbursement of settlement proceeds shall only be made from the proceeds of any of the instruments described in paragraphs (1) through (6) (4) of this subsection if such instruments are negotiable instruments if they are negotiable in accordance with the provisions of Code Section 11-3-104. (d) The lender shall at or before the loan closing deliver loan funds to the settlement agent either in the form of collected funds or in the form of a negotiable instrument described in any of paragraphs (1) through (3) of subsection (c) of this Code section, provided that the lender must cause such instrument to be honored upon presentment for payment to the bank or other depository institution upon which such instrument was drawn." 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 Smith of the 52nd offered the following amendment #1: Amend the Committee substitute (LC 29 3113S) to SB 355 by adding the following language on page 1, line 23 after the word "union": ", provided that such funds are immediately available and cannot be dishonored or refused when negotiated or presented for payment" and by striking on page 1, line 20, beginning with the phrase "a check" through the word "(B)" on page 1, line 21; and by changing the word "(C)" to "(B)" on page 1, line 22. On the adoption of amendment, there were no objections, and the Smith amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, 248 JOURNAL OF THE SENATE was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman N Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis E Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 53, nays 1. SB 355, having received the requisite constitutional majority, was passed by substitute. Senator Grant of the 25th was excused for business outside the Senate Chamber. SB 364. By Senator Bulloch of the 11th: A BILL to be entitled an Act to extensively remove ratites from livestock and meat classifications and reclassify ratites as poultry for certain purposes; to amend Title 1 of the O.C.G.A., relating to general provisions, so as to change certain provisions relating to definitions; to amend Title 4 of the O.C.G.A., relating to animals, so as to change certain provisions relating to mark, brand, or tattoo registration certificates; to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to change certain provisions relating to livestock theft; to amend Title 26 of the O.C.G.A., relating to food, drugs, and cosmetics, so as to change certain provisions relating to definitions relative to meat inspection generally; to provide an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 7, 2008 249 The report of the committee, which was favorable to the passage of 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas E Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis E Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 364, having received the requisite constitutional majority, was passed. Senator Goggans of the 7th was excused for business outside the Senate Chamber. SB 350. By Senators Wiles of the 37th, Rogers of the 21st, Seabaugh of the 28th, Murphy of the 27th, Johnson of the 1st and others: A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to change certain provisions relating to drivers license requirement, surrender of prior licenses, and prohibition of local licenses; to change certain provisions relating to driving while license suspended or revoked; to specify punishments and exceptions for driving without being licensed; to amend Code Section 42-4-14 of the Official Code of Georgia Annotated, relating to determination of nationality of person charged with felony or driving under the influence and confined in a jail facility, so as to provide for determination of nationality of 250 JOURNAL OF THE SENATE person convicted of driving without being licensed; 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: N Adelman Y Balfour N Brown Y Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert N Davenport Douglas E Fort E Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis E Murphy N Orrock Y Pearson Y Powell Y Ramsey N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 38, nays 13. SB 350, 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 8, 2008. The motion prevailed, and the President announced the Senate adjourned at 12:27 p.m. FRIDAY, FEBRUARY 8, 2008 251 Senate Chamber, Atlanta, Georgia Friday, February 8, 2008 Fourteenth Legislative Day The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following communication was received by the Secretary: Senator John Douglas District 17 302-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Veterans, Military and Homeland Security Science and Technology Education and Youth Transportation The State Senate Atlanta, Georgia 30334 2-8-08 To: Secretary of the Senate From: Senator John Douglas Due to being outside the Senate Chamber, I missed the vote on SB 350 held on Feb. 7, 2008. Please record my vote as Yes. /s/ John Douglas 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: 252 JOURNAL OF THE SENATE HB 296. HB 333. HB 921. HB 967. By Representatives May of the 111th, Williams of the 178th, Roberts of the 154th, Lane of the 167th, Hembree of the 67th and others: A BILL to be entitled an Act to amend Code Section 21-2-540 of the Official Code of Georgia Annotated, relating to conduct of special elections generally, so as to provide that special elections to submit questions to the voters shall be held on certain dates; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Starr of the 78th, Talton of the 145th, Lunsford of the 110th and Glanton of the 76th: A BILL to be entitled an Act to amend Code Section 17-5-52 of the Official Code of Georgia Annotated, relating to sale or destruction of weapons used in the commission of a crime or delinquent act involving possession, so as to provide that weapons used in the commission of a crime or a delinquent act shall be turned over to the sheriff, chief of police, or other executive officer of a law enforcement agency which confiscated the weapon for disposal in accordance with law; to provide for procedures for disposal and record keeping; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Mills of the 25th, Peake of the 137th, Forster of the 3rd, Kaiser of the 59th and Talton of the 145th: A BILL to be entitled an Act to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, so as to create a nation-wide automated licensing system for mortgage brokers and mortgage lenders; to provide legislative findings; to provide for the Department of Banking and Finance to participate in such a system; to provide for rules and regulations; to provide for disbursement of fees minus expenses; to provide for changing license renewal dates; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Martin of the 47th, Barnard of the 166th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from the certificate of need program, so as to exempt prisons and other secure correctional institutions of the Department of Corrections and the Department of Juvenile Justice from certificate of need requirements; to provide for FRIDAY, FEBRUARY 8, 2008 253 legislative findings; 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 429. By Senators Bulloch of the 11th, Goggans of the 7th, Douglas of the 17th, Heath of the 31st and Hudgens of the 47th: A BILL to be entitled an Act to provide for enforcement of state laws pertaining to functions assigned to the Department of Agriculture; to provide for certain other enforcement powers of department employees; to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to redesignate and change certain provisions relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SB 430. By Senators Hamrick of the 30th, Hill of the 32nd, Mullis of the 53rd, Pearson of the 51st and Murphy of the 27th: A BILL to be entitled an Act to amend Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, so as to provide that the Georgia Bureau of Investigation may include such information in a data base and compare such information to samples collected from evidentiary materials; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 431. By Senators Tarver of the 22nd and Powell of the 23rd: A BILL to be entitled an Act to amend Part 13 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Golf Hall of Fame Authority, so as to provide for rights of first refusal to 254 JOURNAL OF THE SENATE repurchase certain property acquired for purposes of the Georgia Golf Hall of Fame; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. SB 432. By Senators Hamrick of the 30th and Cowsert of the 46th: A BILL to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and imposition of punishment, so as to allow the family of a victim to provide certain statements during the sentencing procedures for the person who committed the crime; to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to allow the victim of a crime or the family of the victim of a crime to provide certain testimony during the pardons and paroles process; to provide that the victim of a crime or the family of a victim of a crime is entitled to certain notifications; to provide for certain disclosures to an inmate regarding confidential evidence; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 433. By Senators Williams of the 19th, Rogers of the 21st, Johnson of the 1st, Mullis of the 53rd, Moody of the 56th and others: A BILL to be entitled an Act to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to provide that certain destination cancer hospitals are subject to certificate of need requirements; to add a definition and revise a definition; to provide certain conditions relating to certificates of need for new institutional health services; to provide considerations for qualification for issuance of certificates of need relating to destination cancer hospitals; to provide for penalties for destination cancer hospitals which fail to comply with minimum requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 434. By Senators Harp of the 29th, Cowsert of the 46th, Staton of the 18th, Chance of the 16th, Wiles of the 37th and others: 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 change all references to FRIDAY, FEBRUARY 8, 2008 255 the "Department of Adult and Technical Education" to the "Technical College System of Georgia"; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 435. By Senators Harp of the 29th, Cowsert of the 46th, Staton of the 18th, Chance of the 16th, Wiles of the 37th and others: 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 the name of the Department of Technical and Adult Education to the Technical College System of Georgia; to amend the Official Code of Georgia Annotated to change references to reflect such changes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 436. By Senators Cowsert of the 46th, Harp of the 29th, Weber of the 40th, Meyer von Bremen of the 12th, Adelman of the 42nd and others: A BILL to be entitled an Act to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to change provisions relating to voting for directors in publicly traded corporations; to provide for a contingency resignation of a director, which may be irrevocable; to change certain provisions relating to vacancies on a board; to change certain provisions relating to amending bylaws by the board of directors or shareholders; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 437. By Senators Mullis of the 53rd, Stoner of the 6th, Powell of the 23rd, Thomas of the 54th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for registration and licensing of assembled motor vehicles and motorcycles; to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the issuance of certificates of title to owners of assembled motor vehicles and motorcycles; to provide for related 256 JOURNAL OF THE SENATE matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 438. By Senators Mullis of the 53rd, Powell of the 23rd, Thomas of the 2nd, Thomas of the 54th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Code Section 40-6-77 of the Official Code of Georgia Annotated, relating to penalties for causing serious injury due to right of way violation resulting in a collision with a motorcyclist, pedestrian, bicyclist, or farmer hauling agricultural products, so as to provide a penalty for a second offense; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 439. By Senator Chance of the 16th: A BILL to be entitled an Act to amend Code Sections 44-12-135 and 44-12136 of the Official Code of Georgia Annotated, relating to the effect of pawnbroker general laws on local laws and the supervision of pawnbrokers by municipalities, respectively, so as to restrict local governments power to require the payment of any fee for pawnbroker transactions; 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. SR 831. By Senator Hill of the 32nd: A RESOLUTION expressing cultural, economic, and educational cooperation with the People's Republic of China; and for other purposes. Referred to the Rules Committee. SR 842. By Senators Mullis of the 53rd, Thomas of the 54th, Williams of the 19th, Stoner of the 6th, Seay of the 34th and others: A RESOLUTION urging the Georgia Department of Transportation to build a maglev train connecting Hartsfield-Jackson Airport in Atlanta with the Chattanooga Municipal Airport (The Plane Train); and for other purposes. Referred to the Transportation Committee. FRIDAY, FEBRUARY 8, 2008 257 SR 845. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Wiles of the 37th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize county governments to propose for approval by the voters of their county a 1 percent sales and use tax to fund the construction of transportation projects; to limit the sales and use tax to a specified period; to provide for adding the proposition to the ballot; to provide for the authority of the General Assembly with respect to enacting by April 1 of the year following enactment a mechanism for expending the funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Transportation Committee. The following House legislation was read the first time and referred to committee: HB 296. By Representatives May of the 111th, Williams of the 178th, Roberts of the 154th, Lane of the 167th, Hembree of the 67th and others: A BILL to be entitled an Act to amend Code Section 21-2-540 of the Official Code of Georgia Annotated, relating to conduct of special elections generally, so as to provide that special elections to submit questions to the voters shall be held on certain dates; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. HB 333. By Representatives Starr of the 78th, Talton of the 145th, Lunsford of the 110th and Glanton of the 76th: A BILL to be entitled an Act to amend Code Section 17-5-52 of the Official Code of Georgia Annotated, relating to sale or destruction of weapons used in the commission of a crime or delinquent act involving possession, so as to provide that weapons used in the commission of a crime or a delinquent act shall be turned over to the sheriff, chief of police, or other executive officer of a law enforcement agency which confiscated the weapon for disposal in accordance with law; to provide for procedures for disposal and record keeping; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. 258 JOURNAL OF THE SENATE HB 921. By Representatives Mills of the 25th, Peake of the 137th, Forster of the 3rd, Kaiser of the 59th and Talton of the 145th: A BILL to be entitled an Act to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, so as to create a nation-wide automated licensing system for mortgage brokers and mortgage lenders; to provide legislative findings; to provide for the Department of Banking and Finance to participate in such a system; to provide for rules and regulations; to provide for disbursement of fees minus expenses; to provide for changing license renewal dates; 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. HB 967. By Representatives Martin of the 47th, Barnard of the 166th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from the certificate of need program, so as to exempt prisons and other secure correctional institutions of the Department of Corrections and the Department of Juvenile Justice from certificate of need requirements; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. The following committee reports were read by the Secretary: Mr. President: The Agriculture and Consumer Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 379 Do Pass by substitute Respectfully submitted, Senator Bulloch of the 11th District, Chairman Mr. President: The Banking and Financial Institutions Committee has had under consideration the FRIDAY, FEBRUARY 8, 2008 259 following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 393 Do Pass by substitute Respectfully submitted, Senator Hamrick of the 30th District, Chairman Mr. President: The Ethics Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 372 SB 387 Do Pass by substitute Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman Mr. President: The Government Oversight 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 344 Do Pass by substitute Respectfully submitted, Senator Chance of the 16th 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 318 SB 388 SR 819 Do Pass Do Pass Do Pass Respectfully submitted, Senator Harp of the 29th District, Vice-Chairman 260 JOURNAL OF THE SENATE Mr. President: The Public Safety 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 Do Pass Respectfully submitted, Senator Murphy of the 27th 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 387 Do Pass Respectfully submitted, Senator Balfour of the 9th District, Chairman Mr. President: The Science and Technology Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 59 Do Pass Respectfully submitted, Senator Staton of the 18th 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 1047 Do Pass HB 1048 Do Pass HB 1053 Do Pass FRIDAY, FEBRUARY 8, 2008 261 Respectfully submitted, Senator Wiles of the 37th District, Chairman The following legislation was read the second time: SB 351 SB 367 SB 371 SB 382 SB 384 SB 385 SR 750 SR 781 The following Senators were excused for business outside the Senate Chamber: Adelman of the 42nd Hamrick of the 30th Fort of the 39th Mullis of the 53rd Grant of the 25th Shafer of the 48th Senator Davenport of the 44th 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: Balfour Brown Bulloch Butler Carter Chance Chapman Cowsert Davenport Douglas Goggans Golden Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Johnson Jones Me V Bremen Moody Murphy Orrock Pearson Powell Ramsey Reed Rogers Seabaugh Seay Smith Staton Stoner Tarver Tate Thomas,D Thomas,R Tolleson Unterman Weber Wiles Williams Not answering were Senators: Adelman (Excused) Hamrick (Excused) Shafer (Excused) Fort (Excused) Mullis (Excused) Thompson, C. (Excused) Grant (Excused) Schaefer Thompson, S. Senator Schaefer of the 50th was off the floor of the Senate when the roll was called and wished to be recorded as present. 262 JOURNAL OF THE SENATE The members pledged allegiance to the flag. Senator Moody of the 56th introduced the chaplain of the day, Pastor Steve Wood of Alpharetta, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 826. By Senators Staton of the 18th and Tolleson of the 20th: A RESOLUTION commending the Northside High School Eagles football team; and for other purposes. SR 832. By Senators Rogers of the 21st and Murphy of the 27th: A RESOLUTION commending Dawn Perlotto for service to her community; and for other purposes. SR 833. By Senators Rogers of the 21st and Murphy of the 27th: A RESOLUTION commending Janice Ramsey for her efforts in creating a new and modern writers workshop; and for other purposes. SR 834. By Senators Rogers of the 21st and Murphy of the 27th: A RESOLUTION commending Helen Kortum for her service to her community; and for other purposes. SR 835. By Senators Rogers of the 21st and Murphy of the 27th: A RESOLUTION commending Beth Hermes; and for other purposes. SR 836. By Senators Rogers of the 21st and Murphy of the 27th: A RESOLUTION commending Sandra Hordos; and for other purposes. SR 837. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Mr. Albert Seldon, Sr.; and for other purposes. SR 838. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Mrs. Toni Pettis and her FRIDAY, FEBRUARY 8, 2008 263 original fashion designs; and for other purposes. SR 839. By Senator Harbison of the 15th: A RESOLUTION recognizing and congratulating Mr. Troy Martin and Mrs. Bridget Martin upon the occasion of the opening of their new beauty salon; and for other purposes. SR 840. By Senator Harbison of the 15th: A RESOLUTION commending Sara Dismuke and Sally Hatcher; and for other purposes. SR 841. By Senator Hill of the 32nd: A RESOLUTION remembering and honoring the life of Charles McKenzie "Mack" Taylor; and for other purposes. SR 843. By Senator Grant of the 25th: A RESOLUTION commending Miss Laura Brett Harshbarger and congratulating her on winning the 2008 Georgia Junior Miss Competition; and for other purposes. SR 844. By Senator Chance of the 16th: A RESOLUTION commending Cameron John Elward; and for other purposes. SR 846. By Senator Chance of the 16th: A RESOLUTION commending Christopher Brooks Burkett; and for other purposes. SR 847. By Senator Chance of the 16th: A RESOLUTION commending Craig Douglas Handy; and for other purposes. 264 JOURNAL OF THE SENATE Senator Hudgens of the 47th asked unanimous consent that the following bill be withdrawn from the Senate State Institutions and Property Committee and committed to the Senate Insurance and Labor Committee: SB 425. By Senator Grant of the 25th: A BILL to be entitled an Act to amend Chapter 9 of Title 45 of the O.C.G.A., relating to insuring and indemnification, so as to amend certain provisions pertaining to providing insurance coverage by the commissioner of administrative services; to authorize the Department of Administrative Services to establish incentive programs including differential premium rates and deductibles based on loss histories of state agencies, institutions, and authorities, and such entities participation in loss control programs; to provide for definitions; to repeal provisions relating to employee operation of state motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes. The consent was granted, and SB 425 was committed to the Senate Insurance and Labor Committee. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Friday, February 8, 2008 Fourteenth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 1047 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 29, 2007 (Ga. L. 2007, p. 4138), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes. FRIDAY, FEBRUARY 8, 2008 265 HB 1048 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 29, 2007 (Ga. L. 2007, p. 4151), so as to change the compensation of the chief deputy, the chief investigator, and the executive assistant to the sheriff; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1053 Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Wiles of the 37th 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 provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: E Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner 266 JOURNAL OF THE SENATE Y Chapman Y Cowsert Y Davenport Y Douglas E Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Tarver Y Tate Y Thomas,D Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams 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 Harbison of the 15th introduced the doctor of the day, Dr. Joseph G. Saulsbury II. SENATE RULES CALENDAR FRIDAY, FEBRUARY 8, 2008 FOURTEENTH LEGISLATIVE DAY SB 159 Homestead Exemptions; change date of filing applications (Substitute)(FIN-18th) 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 159. By Senators Staton of the 18th, Rogers of the 21st, Chance of the 16th, Seabaugh of the 28th, Golden of the 8th and others: 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 the date for filing applications for homestead exemptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. FRIDAY, FEBRUARY 8, 2008 267 The Senate Finance Committee offered the following substitute to SB 159: 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 the date for filing applications for homestead exemptions; 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 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, is amended by revising Code Section 48-5-45, relating to application for homestead exemption, as follows: "48-5-45. (a)(1) An applicant seeking a homestead exemption as provided in Code Section 485-44 and qualifying under the provisions of Code Section 48-5-40 shall file a written application and schedule with the tax receiver or tax commissioner charged with the duty of receiving returns of property for taxation at any time during the calendar year subsequent to the property becoming the primary residence of the applicant up to and including March 1 of the following year the date for the closing of the books for the return of taxes for the calendar year. (2) The failure to file properly the application and schedule on or before March 1 the date for the closing of the books for the return of taxes of a calendar year in which the taxes are due shall constitute a waiver of the homestead exemption on the part of the applicant failing to make the application for such exemption for that year. (b) The owner of a homestead which is actually occupied by the owner as a residence and homestead shall not have to apply for the exemption more than once so long as the owner remains in continuous occupation of the residence as a homestead. The exemption shall automatically be renewed from year to year so long as the owner continuously occupies the residence as a homestead. (c) It is unlawful for any person, firm, or corporation to solicit, either directly or by mail or advertisement, any other person for the purpose of filing on behalf of such other person the application and schedule for homestead exemption required by this Code section if a fee is charged for filing such application and schedule on behalf of such other person. A violation of this subsection shall be a misdemeanor." SECTION 2. This Act shall become effective on July 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. 268 JOURNAL OF THE SENATE On the adoption of the substitute, there were no objections, 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 Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas E Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 159, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Greg Goggans District 7 303-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Appropriations Health and Human Services Government Oversight Agriculture and Consumer Affairs Finance Transportation FRIDAY, FEBRUARY 8, 2008 269 The State Senate Atlanta, Georgia 30334 February 8, 2008 Mr. Bob Ewing Secretary of Senate The State Capitol Atlanta, GA 30334 Dear Mr. Ewing: I would respectfully ask that my name be removed from sponsorship of SB 380. Thank you. Sincerely, /s/ Greg Goggans Senator Williams of the 19th moved that pursuant to SR 782 the Senate adjourn until 10:00 a.m. Monday, February 11, 2008. The motion prevailed, and the President announced the Senate adjourned at 9:52 a.m. 270 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Monday, February 11, 2008 Fifteenth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by Senator Eric Johnson, President Pro Tempore. 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 157. By Representatives Coleman of the 97th, Bridges of the 10th, Golick of the 34th, Brooks of the 63rd, Benton of the 31st and others: A BILL to be entitled an Act to amend Code Section 47-3-127.1 of the Official Code of Georgia Annotated, relating to employment of a retired teacher as a full-time teacher or in other capacities, so as to provide that a teacher who retired on or before December 31, 2007, may return to fulltime employment and continue to collect his or her full retirement benefit; to repeal conflicting laws; and for other purposes. HB 941. By Representatives Franklin of the 43rd, Hembree of the 67th and Forster of the 3rd: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents, so as to change certain provisions relating to powers of the board to establish a program for senior citizens to attend classes in the University System of Georgia without payment of fees; to repeal conflicting laws; and for other purposes. MONDAY, FEBRUARY 11, 2008 271 HB 945. By Representatives Rice of the 51st, Parham of the 141st, Stephens of the 164th, Roberts of the 154th and Coan of the 101st: A BILL to be entitled an Act to amend Code Section 40-2-130 of the Official Code of Georgia Annotated, relating to records of certificates of registration, so as to allow persons engaged in providing notification to owners of towed or impounded vehicles to access motor vehicle registration records; to amend Code Section 40-3-23 of the Official Code of Georgia Annotated, relating to issuance of certificates of title, maintenance of record of certificates issued, and records for a fee, so as to allow persons engaged in providing notification to owners of towed or impounded vehicles to access motor vehicle certificate of title records; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 989. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the "General Appropriations Act," approved May 30, 2007. HB 1099. By Representatives Watson of the 91st, Davis of the 109th, Mosby of the 90th, Yates of the 73rd, Lunsford of the 110th and others: 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 19, 2006 (Ga. L. 2006, p. 3611), 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 provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1109. By Representatives Tumlin of the 38th, Setzler of the 35th, Wix of the 33rd, Teilhet of the 40th, Golick of the 34th 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 272 JOURNAL OF THE SENATE approved May 29, 2007 (Ga. L. 2007, p. 4217), 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 1115. By Representatives Bearden of the 68th, Butler of the 18th and Nix of the 69th: A BILL to be entitled an Act to provide a homestead exemption from Carroll County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1225. By Representative Fleming of the 117th: A RESOLUTION relative to adjournment; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 440. By Senator Douglas of the 17th: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to define certain terms; to provide that certain nonprofit organizations may sell certain pull tab games of chance; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. SB 441. By Senators Tarver of the 22nd, Smith of the 52nd, Chapman of the 3rd, Jones of the 10th, Reed of the 35th and others: 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 relative to the General Assembly of Georgia, so as to require an oath or affirmation for MONDAY, FEBRUARY 11, 2008 273 purposes of presenting certain testimony to a committee or subcommittee of the General Assembly; to repeal conflicting laws; and for other purposes. Referred to the Rules Committee. SB 442. By Senators Tarver of the 22nd, Smith of the 52nd, Chapman of the 3rd, Jones of the 10th, Reed of the 35th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to change certain provisions relating to false statements and writings, concealment of facts, and fraudulent documents in matters within the jurisdiction of the state or political subdivisions; to provide for applicability to certain matters within the jurisdiction of the legislative branch of state government; to repeal conflicting laws; and for other purposes. Referred to the Rules Committee. SB 443. By Senator Heath of the 31st: A BILL to be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to change certain provisions relating to wild animals for which licenses or permits are required; to provide an effective date; 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 157. By Representatives Coleman of the 97th, Bridges of the 10th, Golick of the 34th, Brooks of the 63rd, Benton of the 31st and others: A BILL to be entitled an Act to amend Code Section 47-3-127.1 of the Official Code of Georgia Annotated, relating to employment of a retired teacher as a full-time teacher or in other capacities, so as to provide that a teacher who retired on or before December 31, 2007, may return to full-time employment and continue to collect his or her full retirement benefit; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. 274 JOURNAL OF THE SENATE HB 941. By Representatives Franklin of the 43rd, Hembree of the 67th and Forster of the 3rd: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents, so as to change certain provisions relating to powers of the board to establish a program for senior citizens to attend classes in the University System of Georgia without payment of fees; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. HB 945. By Representatives Rice of the 51st, Parham of the 141st, Stephens of the 164th, Roberts of the 154th and Coan of the 101st: A BILL to be entitled an Act to amend Code Section 40-2-130 of the Official Code of Georgia Annotated, relating to records of certificates of registration, so as to allow persons engaged in providing notification to owners of towed or impounded vehicles to access motor vehicle registration records; to amend Code Section 40-3-23 of the Official Code of Georgia Annotated, relating to issuance of certificates of title, maintenance of record of certificates issued, and records for a fee, so as to allow persons engaged in providing notification to owners of towed or impounded vehicles to access motor vehicle certificate of title records; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 989. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the "General Appropriations Act," approved May 30, 2007. Referred to the Appropriations Committee. HB 1099. By Representatives Watson of the 91st, Davis of the 109th, Mosby of the 90th, Yates of the 73rd, Lunsford of the 110th and others: 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 19, 2006 (Ga. L. 2006, p. 3611), so as to MONDAY, FEBRUARY 11, 2008 275 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 provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1109. By Representatives Tumlin of the 38th, Setzler of the 35th, Wix of the 33rd, Teilhet of the 40th, Golick of the 34th 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 29, 2007 (Ga. L. 2007, p. 4217), 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 1115. By Representatives Bearden of the 68th, Butler of the 18th and Nix of the 69th: A BILL to be entitled an Act to provide a homestead exemption from Carroll County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following legislation was read the second time: HB 387 SB 59 SB 318 SB 344 SB 372 SB 373 SB 379 SB 387 SB 388 SB 393 SR 819 The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Tolleson of the 20th Harp of the 29th Meyer von Bremen of the 12th 276 JOURNAL OF THE SENATE Senator Hawkins of the 49th asked unanimous consent that Senator Thomas of the 54th be excused. The consent was granted, and Senator Thomas 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 roll was called and the following Senators answered to their names: Adelman Balfour Brown Bulloch Butler Carter Chance Chapman Cowsert Davenport Douglas Goggans Grant Hamrick Harbison Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Moody Mullis Murphy Orrock Pearson Ramsey Reed Rogers Schaefer Seabaugh Seay Shafer,D Smith Staton Stoner Tate Thomas,R Thompson,S Unterman Weber Wiles Williams Not answering were Senators: Fort Golden (Excused) Hawkins Johnson (Presiding) Meyer von Bremen (Excused) Powell Thomas, D. (Excused) Thompson, C. Harp (Excused) Jones Tarver (Excused) Tolleson (Excused) The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Fort Powell The members pledged allegiance to the flag. Senator Reed of the 35th introduced the chaplain of the day, Bishop Lindsey Davis of Norcross, Georgia, who offered scripture reading and prayer. Senator Rogers of the 21st asked unanimous consent that SR 859 be introduced, read for the first time and referred to committee. There was no objection. MONDAY, FEBRUARY 11, 2008 277 The following Senate legislation was introduced, read the first time and referred to committee: SR 859. By Senators Rogers of the 21st, Carter of the 13th, Chance of the 16th, Heath of the 31st, Williams of the 19th and others: A RESOLUTION proposing an amendment to the Constitution so as to repeal the levy of state ad valorem taxes except in the case of an emergency; to provide for applicability; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Finance Committee. The following resolutions were read and adopted: SR 848. By Senator Pearson of the 51st: A RESOLUTION expressing congratulations and best wishes to Mr. John Didicher on the occasion of his upcoming 100th birthday; and for other purposes. SR 849. By Senators Weber of the 40th and Moody of the 56th: A RESOLUTION commending the Professional Association of Georgia Educators (PAGE) and recognizing "PAGE Day on Capitol Hill"; and for other purposes. SR 850. By Senators Davenport of the 44th, Harbison of the 15th, Reed of the 35th, Tarver of the 22nd, Thomas of the 2nd and others: A RESOLUTION proclaiming February 12, 2008, as "African American Business Enterprise Day" at the state capitol; and for other purposes. SR 851. By Senator Unterman of the 45th: A RESOLUTION recognizing and congratulating the Buford High School football team; and for other purposes. SR 852. By Senator Unterman of the 45th: A RESOLUTION congratulating the Buford High School Lady Wolves softball team on winning the 2007 Class AA State Championship; and for other purposes. 278 JOURNAL OF THE SENATE SR 853. By Senators Carter of the 13th, Goggans of the 7th, Bulloch of the 11th and Hooks of the 14th: A RESOLUTION celebrating Abraham Baldwin Agricultural College's 100th anniversary; and for other purposes. SR 854. By Senators Carter of the 13th and Heath of the 31st: A RESOLUTION commending the 4-H Clubs of Georgia and recognizing Monday, February 11, 2008, as "4-H Day at the Capitol"; and for other purposes. Senator Hooks of the 14th recognized Tim Crimmins, Anne Farrisee, Diane Kirkland, Jamil Zainaldin, the Georgia Humanities Council, Georgia State University, and the University of Georgia for their work in support of Democracy Restored: A History of the Georgia State Capitol, commended by SR 810, adopted previously. Tim Crimmins addressed the Senate briefly. Senator Carter of the 13th recognized the 4-H Clubs of Georgia and recognized Monday, February 11, 2008, as "4-H Day at the Capitol", designated by SR 854, adopted previously. Katie Comer, state 4-H Club President, addressed the Senate briefly. Senator Seabaugh of the 28th recognized Demetrice Tuttle on winning the Boys and Girls Clubs of America's 2007-2008 National Youth of the Year Title and Scholarship, commended by SR 755, adopted previously. Demetrice Tuttle addressed the Senate briefly. Senator Brown of the 26th was excused for business outside the Senate Chamber. SB 384 SR 750 SR 781 SENATE RULES CALENDAR MONDAY, FEBRUARY 11, 2008 FIFTEENTH LEGISLATIVE DAY Limousine Carriers; permitting by certain airports; change certain provisions; limit fees (RI&Util-9th) Transportation, U.S. Dept.; urged to reconsider its mission and purpose (Substitute)(TRANS-51st) GA Dept. Of Transportation; urged to develop a state-wide strategic transportation plan/to take certain other actions (TRANS-53rd) MONDAY, FEBRUARY 11, 2008 279 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 384. By Senators Balfour of the 9th, Reed of the 35th and Shafer of the 48th: A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to limousine carriers, so as to change certain provisions relating to the permitting of limousine carriers by certain airports; to limit fees for such permitting; to provide that a chauffeurs permit and a certificate issued to the limousine carrier shall be adequate evidence of sufficient criminal background investigations; to delete a provision allowing cities and counties to enact ordinances requiring certain limousine carriers to pay business license fees; 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans E Golden Grant Y Hamrick Y Harbison E Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones E Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D N Smith Y Staton Y Stoner E Tarver Y Tate E Thomas,D N Thomas,R Thompson,C Y Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Y Williams 280 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 43, nays 2. SB 384, having received the requisite constitutional majority, was passed. The following resolution was read and put upon its adoption: HR 1225. By Representative 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 2008 regular session of the General Assembly for the period of February 11, 2008, through February 19, 2008, shall be as follows: Monday, February 11. . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 15 Tuesday, February 12 . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 16 Wednesday, February 13 . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 17 Thursday, February 14 . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 18 Friday, February 15 . . . . . . . . . . . . . . . . . . . . . . . . . .in adjournment Saturday, February 16 . . . . . . . . . . . . . . . . . . . . . . . .in adjournment Sunday, February 17 . . . . . . . . . . . . . . . . . . . . . . . . .in adjournment Monday, February 18 . . . . . . . . . . . . . . . . . . . . . . . . in adjournment Tuesday, February 19 . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 19 BE IT FURTHER RESOLVED that on and after February 19, 2008, the periods of adjournment of the 2008 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2008 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday. BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House. On the adoption of the resolution, there were no objections, and the resolution was adopted. Senator Johnson of the 1st was excused for business outside the Senate Chamber. MONDAY, FEBRUARY 11, 2008 281 Senator Williams of the 19th assumed the Chair. The Calendar was resumed. SR 750. By Senators Pearson of the 51st, Mullis of the 53rd, Rogers of the 21st, Hill of the 32nd, Seay of the 34th and others: A RESOLUTION urging the United States Department of Transportation to reconsider its mission and purpose; and for other purposes. The Senate Transportation Committee offered the following substitute to SR 750: A RESOLUTION Urging the United States Department of Transportation to reconsider its mission and purpose; and for other purposes. WHEREAS, the United States Department of Transportation was established by an act of Congress on October 15, 1966, and the departments first official day of operation was April 1, 1967; and WHEREAS, the mission of the department is to "Serve the United States by ensuring a fast, safe, efficient, accessible and convenient transportation system that meets our vital national interests and enhances the quality of life of the American people, today and into the future."; and WHEREAS, the main mission of the department has largely been fulfilled by the completion of the federal interstate highway system; and WHEREAS, state and local governments are faced with difficult decisions regarding local transportation needs on a continuing and ever-increasing basis; and WHEREAS, the federal motor fuel taxes charged to the citizens of Georgia are needlessly sent to the federal government before being returned to the state government; and WHEREAS, Georgia is a donor state and does not receive back as much motor fuel tax as it collects and sends to the federal government. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body urges making the funds collected under the federal gas tax immediately available to individual states to fund their transportation needs. BE IT FURTHER RESOLVED that this body urges the federal government to cease the 282 JOURNAL OF THE SENATE collection of motor fuel taxes in Georgia so that the state can collect and distribute the taxes without the delay caused by federal collection and disbursement. BE IT FURTHER RESOLVED that a copy of this resolution be delivered to the Commissioner of the United States Department of Transportation and to the congressional delegation of the State of Georgia. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Brown Y Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison E Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Y Jones E Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner E Tarver N Tate E Thomas,D Y Thomas,R Y Thompson,C N Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the adoption of the resolution, the yeas were 40, nays 7. SR 750, having received the requisite constitutional majority, was adopted by substitute. Senator Tate of the 38th introduced the doctor of the day, Dr. Spencer Brewer. The Calendar was resumed. MONDAY, FEBRUARY 11, 2008 283 SR 781. By Senators Mullis of the 53rd, Williams of the 19th, Stoner of the 6th, Pearson of the 51st and Seay of the 34th: A RESOLUTION urging the Georgia Department of Transportation to develop a state-wide strategic transportation plan and to take certain other actions; 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans E Golden Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Y Jones E Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner E Tarver Y Tate E Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the adoption of the resolution, the yeas were 46, nays 0. SR 781, having received the requisite constitutional majority, was adopted. The following communication was received by the Secretary: 284 JOURNAL OF THE SENATE Senator Michael Meyer von Bremen District 12 121-F State Capitol Atlanta, GA 30334 Committees: Special Judiciary Appropriations Ethics Judiciary Natural Resources and the Environment The State Senate Atlanta, Georgia 30334 February 11, 2008 The Honorable Bob Ewing Secretary of the Senate Georgia General Assembly Room 353 Capitol Building Atlanta, Georgia 30334 Re: Senate Resolution 822 - Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission; create; appointment Dear Mr. Ewing: Please withdraw my name as a co-sponsor from the above-referenced legislation due to a potential conflict. If you have any questions, please do not hesitate to contact my office. Thank you. With kindest personal regards, I am Sincerely, /s/ Michael Meyer von Bremen Senator Balfour of the 9th moved that the Senate adjourn until 10:00 a.m. Tuesday, February 12, 2008. The motion prevailed, and Senator Williams of the 19th announced the Senate adjourned at 11:12 a.m. TUESDAY, FEBRUARY 12, 2008 285 Senate Chamber, Atlanta, Georgia Tuesday, February 12, 2008 Sixteenth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 158. By Representatives Willard of the 49th, Jacobs of the 80th, Oliver of the 83rd, Lane of the 167th and Everson of the 106th: 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 clarify methods of legitimation of a child; to change provisions relating to petitions for legitimation of a child; to provide the courts with the ability to order genetic testing upon its own order; to change certain provisions relating to voluntary acknowledgments of paternity; to amend Chapter 11 of Title 15, Chapter 8 of Title 19, Code Section 29-2-15, and Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to juvenile proceedings, adoption, notice of petition for appointment of permanent guardian, protest of father, and petition to legitimate, and descent and distribution, respectively, so as to correct crossreferences; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 209. By Representatives Rogers of the 26th and Collins of the 27th: A BILL to be entitled an Act to amend Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership 286 JOURNAL OF THE SENATE of certain law enforcement personnel in the Employees Retirement System of Georgia, so as to change the date by which application for creditable service for prior service as narcotics agents must be submitted; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. HB 297. By Representatives Freeman of the 140th, Stephens of the 164th, Casas of the 103rd, England of the 108th, Roberts of the 154th and others: A BILL to be entitled an Act to amend Article 22B of Chapter 1of Title 10 of the Official Code of Georgia Annotated, relating to recreational vehicle dealers, so as to provide for certain exemptions for rallies or conventions involving more than 2500 recreational vehicles; to repeal conflicting laws; and for other purposes. HB 1027. By Representatives Rice of the 51st, Roberts of the 154th, Bearden of the 68th and Floyd of the 147th: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to persons completing defensive driving course or alcohol or drug program, so as to provide for approval of classroom, Internet, or other technology based driver improvement clinics curriculums; to provide for certificates of completion; to delete references to advanced defensive driving courses; 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 1248. By Representatives Williams of the 4th and Dickson of the 6th: A RESOLUTION recognizing and commending Dr. James A. Burran upon the occasion of his retirement as president of Dalton State College; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 444. By Senators Pearson of the 51st, Mullis of the 53rd, Stoner of the 6th, Williams of the 19th and Seay of the 34th: A BILL to be entitled an Act to amend Code Section 32-7-4 of the Official TUESDAY, FEBRUARY 12, 2008 287 Code of Georgia Annotated, relating to the procedure for disposition of property not needed for public road purposes, so as to allow the Department of Transportation to more readily dispose of surplus property; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 445. By Senators Seabaugh of the 28th, Goggans of the 7th, Williams of the 19th, Reed of the 35th and Powell of the 23rd: A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding administrative procedure, so as to provide that the effectiveness of a challenged agency rule shall be stayed until the General Assembly has the opportunity to take action on such rule at the next legislative session; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. SB 446. By Senators Powell of the 23rd, Mullis of the 53rd, Ramsey, Sr. of the 43rd and Rogers of the 21st: A BILL to be entitled an Act to amend Part 2 of Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road for motorcycles, so as to provide for certain traffic regulations relating to motorcycles; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 447. By Senator Harbison of the 15th: 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 relative to provisions applicable to counties and municipal corporations, so as to provide that no county or municipal corporation shall charge a business license fee or administrative fee to certain disabled veterans; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. 288 JOURNAL OF THE SENATE SB 448. By Senator Harbison of the 15th: A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to indictments, so as to change provisions relating to the procedure for indictment of a peace officer for crimes in the performance of his or her duties; to change provisions relating to the rights of the officer; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SR 862. By Senators Hill of the 32nd, Williams of the 19th, Adelman of the 42nd, Balfour of the 9th, Unterman of the 45th and others: A RESOLUTION expressing cultural, economic, and educational cooperation with the State of Israel; and for other purposes. Referred to the Rules Committee. SR 863. By Senators Seay of the 34th, Mullis of the 53rd, Pearson of the 51st, Williams of the 19th and Stoner of the 6th: 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 jet fuel, aviation gasoline, and locomotive fuel shall be allocated for activities incident to providing and maintaining an adequate system of public-use airports and railroads in this state; to authorize the General Assembly to 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 Finance Committee. The following House legislation was read the first time and referred to committee: HB 158. By Representatives Willard of the 49th, Jacobs of the 80th, Oliver of the 83rd, Lane of the 167th and Everson of the 106th: 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 clarify methods of legitimation of a child; to change provisions relating to petitions for legitimation of a child; to provide the courts with the ability to order genetic testing upon its own order; to change certain provisions relating to voluntary acknowledgments of paternity; to amend Chapter 11 of Title 15, TUESDAY, FEBRUARY 12, 2008 289 Chapter 8 of Title 19, Code Section 29-2-15, and Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to juvenile proceedings, adoption, notice of petition for appointment of permanent guardian, protest of father, and petition to legitimate, and descent and distribution, respectively, so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 209. By Representatives Rogers of the 26th and Collins of the 27th: A BILL to be entitled an Act to amend Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of certain law enforcement personnel in the Employees Retirement System of Georgia, so as to change the date by which application for creditable service for prior service as narcotics agents must be submitted; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 297. By Representatives Freeman of the 140th, Stephens of the 164th, Casas of the 103rd, England of the 108th, Roberts of the 154th and others: A BILL to be entitled an Act to amend Article 22B of Chapter 1of Title 10 of the Official Code of Georgia Annotated, relating to recreational vehicle dealers, so as to provide for certain exemptions for rallies or conventions involving more than 2500 recreational vehicles; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. HB 1027. By Representatives Rice of the 51st, Roberts of the 154th, Bearden of the 68th and Floyd of the 147th: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to persons completing defensive driving course or alcohol or drug program, so as to provide for approval of classroom, Internet, or other technology based driver improvement clinics curriculums; to provide for certificates of completion; to delete references to 290 JOURNAL OF THE SENATE advanced defensive driving courses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety 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 359 Do Pass Respectfully submitted, Senator Pearson of the 51st 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 926 SB 181 SR 859 Do Pass Do Pass by substitute Do Pass Respectfully submitted, Senator Rogers of the 21st District, Chairman Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 405 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 TUESDAY, FEBRUARY 12, 2008 291 following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 399 Do Pass Respectfully submitted, Senator Tolleson of the 20th 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 822 Do Pass Respectfully submitted, Senator Balfour of the 9th District, Chairman Mr. President: The Transportation Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 410 Do Pass by substitute SB 411 Do Pass by substitute SB 417 Do Pass SB 420 Do Pass by substitute Respectfully submitted, Senator Mullis of the 53rd District, Chairman The following Senators were excused for business outside the Senate Chamber: Douglas of the 17th Reed of the 35th The roll was called and the following Senators answered to their names: Adelman Balfour Brown Butler Carter Chance Chapman Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Schaefer Seabaugh Seay Smith Staton Stoner Tarver 292 JOURNAL OF THE SENATE Cowsert Davenport Goggans Golden Grant Hamrick Harbison Harp Hawkins Jones Me V Bremen Moody Mullis Murphy Orrock Pearson Powell Ramsey Tate Thomas,D Thomas,R Tolleson Unterman Weber Wiles Williams Not answering were Senators: Bulloch Johnson Shafer Douglas (Excused) Reed (Excused) Thompson, C. Fort Rogers 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: Fort Thompson, C. Shafer Thompson, S. The members pledged allegiance to the flag. Senator Tarver of the 22nd introduced the chaplain of the day, Reverend Jerry Poole of Martinez, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 855. By Senators Rogers of the 21st and Murphy of the 27th: A RESOLUTION commending Donna Chandler; and for other purposes. SR 856. By Senators Rogers of the 21st and Murphy of the 27th: A RESOLUTION commending Jeff Rowell; and for other purposes. SR 857. By Senators Rogers of the 21st and Murphy of the 27th: A RESOLUTION commending Maria Kugelman; and for other purposes. TUESDAY, FEBRUARY 12, 2008 293 SR 858. By Senators Rogers of the 21st and Murphy of the 27th: A RESOLUTION commending Mr. Steve Monahan; and for other purposes. SR 860. By Senators Williams of the 19th, Murphy of the 27th, Wiles of the 37th and Stoner of the 6th: A RESOLUTION recognizing and commending the National Federation of Independent Business in Georgia; and for other purposes. SR 861. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Mr. Grover M. Barfield; and for other purposes. SR 864. By Senators Meyer von Bremen of the 12th and Carter of the 13th: A RESOLUTION commending Operation Migration and recognizing the month of November as "Traditional Migration Month" at the capitol; and for other purposes. SR 865. By Senator Harbison of the 15th: A RESOLUTION congratulating Sharmel Veasley and commending the Muscogee County Office of Elections and Registration and for other purposes. SR 866. By Senator Harbison of the 15th: A RESOLUTION commending Dr. Virginia Causey; and for other purposes. SR 867. By Senator Harbison of the 15th: A RESOLUTION commending Northland Neighbors; and for other purposes. SR 868. By Senator Harbison of the 15th: A RESOLUTION commending Todd Schuster; and for other purposes. SR 869. By Senator Harbison of the 15th: A RESOLUTION commending the Historic Linwood Foundation; and for other purposes. 294 JOURNAL OF THE SENATE SR 870. By Senator Harbison of the 15th: A RESOLUTION commending Reynolds Bickerstaff, Mark Lucas, and Jim Lucas; and for other purposes. SR 871. By Senator Harbison of the 15th: A RESOLUTION commending Celia Jenkins; and for other purposes. SR 872. By Senator Harbison of the 15th: A RESOLUTION commending Kyle Spencer; and for other purposes. SR 873. By Senator Harbison of the 15th: A RESOLUTION commending Becky Antrobius; and for other purposes. SR 874. By Senator Harbison of the 15th: A RESOLUTION commending Billie Holmes, Mat Swift, Mayor Jim Wetherington, Frank Brown, and City Manager Isaiah Hugley; and for other purposes. SR 875. By Senator Harbison of the 15th: A RESOLUTION commending Garry Curtin; and for other purposes. SR 876. By Senator Harbison of the 15th: A RESOLUTION commending Mary Poindexter and Mary Walker; and for other purposes. SR 877. By Senator Harbison of the 15th: A RESOLUTION commending the Shaw High School Young Historians; and for other purposes. SR 878. By Senator Harbison of the 15th: A RESOLUTION commending Robert Ashley and Randy Perez; and for other purposes. TUESDAY, FEBRUARY 12, 2008 295 SR 879. By Senator Harbison of the 15th: A RESOLUTION commending the Reese Road Parent Teacher Association; and for other purposes. SR 880. By Senator Harbison of the 15th: A RESOLUTION commending Paul and Courtney Amos; and for other purposes. SR 881. By Senator Harbison of the 15th: A RESOLUTION commending The RiverMill Event Centre; and for other purposes. SR 882. By Senator Harbison of the 15th: A RESOLUTION commending Doug Purcell and Mike Bunn; and for other purposes. SR 883. By Senator Harbison of the 15th: A RESOLUTION commending Ernie Smallman and David Cummings; and for other purposes. SR 884. By Senator Harbison of the 15th: A RESOLUTION commending Jordan Construction Academy; and for other purposes. SR 885. By Senator Harbison of the 15th: A RESOLUTION commending Mary Lou Swift; and for other purposes. SR 886. By Senator Harbison of the 15th: A RESOLUTION commending Christopher Lindsey; and for other purposes. SR 887. By Senator Harbison of the 15th: A RESOLUTION commending Janice P. Biggers; and for other purposes. 296 JOURNAL OF THE SENATE SR 888. By Senator Harbison of the 15th: A RESOLUTION commending Cavanaugh S. Mims; and for other purposes. SR 889. By Senator Harbison of the 15th: A RESOLUTION commending the Brookstone School Young Historians; and for other purposes. SR 890. By Senator Harbison of the 15th: A RESOLUTION commending Tim and Erin Gregory; and for other purposes. SR 891. By Senator Harbison of the 15th: A RESOLUTION commending the Mens Progressive Club of Columbus, Inc., on the occasion of its fifty-eighth annual Man of the Year Banquet; and for other purposes. SR 892. By Senators Goggans of the 7th and Hawkins of the 49th: A RESOLUTION recognizing and commending the inaugural class members of the Georgia Physicians Leadership Academy; and for other purposes. SR 893. By Senators Harp of the 29th, Wiles of the 37th and Hill of the 4th: A RESOLUTION congratulating the State of Georgia's 2007 Exceptional Adult Georgian in Literacy Education (EAGLE) delegates on their outstanding achievement; and for other purposes. SR 894. By Senator Hudgens of the 47th: A RESOLUTION commending Bob Engelauf; and for other purposes. HR 1248. By Representatives Williams of the 4th and Dickson of the 6th: A RESOLUTION recognizing and commending Dr. James A. Burran upon the occasion of his retirement as president of Dalton State College; and for other purposes. Senator Hawkins of the 49th introduced the Georgia Rural Health Association and recognized February 12, 2008 as "Rural Health Day", dedicated by SR 790, adopted previously. Greg Dent addressed the Senate briefly. TUESDAY, FEBRUARY 12, 2008 297 Senator Goggans of the 7th recognized the inaugural class members of the Georgia Physicians Leadership Academy, commended by SR 892, adopted previously. Dr. William Clark addressed the Senate briefly. Senator Bulloch of the 11th recognized the Georgia Farm Bureau Federation, commended by SR 818, adopted previously. Vincent "Zippy" Duvall addressed the Senate briefly. Senator Tarver of the 22nd recognized Charlene Sizemore for her role in helping to promote workforce training in Georgia, commended by SR 724, adopted previously. Charlene Sizemore addressed the Senate briefly. Senator Grant of the 25th was excused for business outside the Senate Chamber. HB 387 SB 344 SB 351 SB 367 SB 388 SR 686 SR 796 SENATE RULES CALENDAR TUESDAY, FEBRUARY 12, 2008 SIXTEENTH LEGISLATIVE DAY Georgia Day; observe February 12; annually (RULES-14th) Loudermilk-14th Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date (Substitute) (GvtO-56th) Joint State-wide Water Planning Oversight Committee; members; powers; duties; provide (Substitute)(NR&E-46th) Georgia Coastal Management Act; automatic repeal; change certain provisions (NR&E-20th) Identity Fraud; provide Georgia Bureau of Investigation authority to investigate certain offenses; subpoena power (JUDY-13th) Ad Valorem Taxation; freezing values of existing residential real property; provide conditions/limitations-CA (FIN-1st) Ad Valorem Tax Reform; freeze valuation of real property except certain adjustments; procedures, conditions, and limitations for certain increases -CA (Substitute)(FIN-21st) 298 JOURNAL OF THE SENATE 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 387. By Representatives Loudermilk of the 14th, Keen of the 179th, Burkhalter of the 50th, Fleming of the 117th, Roberts of the 154th 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 make certain findings; to provide for annual observance of "Georgia Day"; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hooks of the 14th The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Chance Y Chapman Y Cowsert Davenport Y Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Hudgens Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. TUESDAY, FEBRUARY 12, 2008 299 HB 387, having received the requisite constitutional majority, was passed. Senator Hooks of the 14th moved that HB 387 be immediately transmitted to the House. On the motion, there was no objection and HB 387 was immediately transmitted to the House. Senator Staton of the 18th recognized the Northside High School Eagles football team, commended by SR 826, adopted previously. Head Coach Conrad Nix addressed the Senate briefly. The Calendar was resumed. SB 344. By Senators Moody of the 56th, Hooks of the 14th, Seabaugh of the 28th, Golden of the 8th, Chance of the 16th and others: A BILL to be entitled an Act to amend Titles 2, 10, 12, 20, 45, 46, and 50 of the Official Code of Georgia Annotated, relating to agriculture, commerce and trade, conservation and natural resources, education, public officers and employees, public utilities and public transportation, and state government, respectively, so as to repeal and abolish certain boards and commissions that have become inactive, obsolete, antiquated, or unnecessary; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Government Oversight Committee offered the following substitute to SB 344: A BILL TO BE ENTITLED AN ACT To amend Titles 2, 10, 12, 20, 46, and 50 of the Official Code of Georgia Annotated, relating to agriculture, commerce and trade, conservation and natural resources, education, public utilities and public transportation, and state government, respectively, so as to repeal and abolish certain boards and commissions that have become inactive, obsolete, antiquated, or unnecessary; 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 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by revising Code Section 2-15-3, relating to the Pacific White Shrimp Aquaculture Development Advisory Council, as follows: "2-15-3. 300 JOURNAL OF THE SENATE (a) There is created the Pacific White Shrimp Aquaculture Development Advisory Council. The council shall be composed of 15 members as follows: (1) One member representing agriculture at large to be appointed by mutual agreement of the chairpersons of the House and Senate Committees on Agriculture and Consumer Affairs; (2) The dean of the College of Agriculture, Home Economics, and Allied Programs of Fort Valley State University or his or her representative; (3) The chairperson of the Committee on Agriculture and Consumer Affairs of the House of Representatives or his or her representative; (4) The chairperson of the Committee on Agriculture and Consumer Affairs of the Senate or his or her representative; (5) The Commissioner or his or her representative; (6) The commissioner of natural resources or his or her representative; (7) The commissioner of economic development or his or her representative; and (8) Eight members to be appointed as provided by this paragraph. The President of the Senate and the Speaker of the House of Representatives each shall appoint four members as follows: (A) Two members shall be representatives of the pacific white shrimp aquaculture industry; (B) One member shall be a representative of the aquaculture supply and equipment industry; and (C) One member shall be a representative of a private industry which is doing research in the promotion of pacific white shrimp aquaculture. Each of the nine appointed members shall be appointed for a term of two years and until a successor is appointed and assumes membership on the council. The terms of the first such appointed members shall begin on the effective date of this chapter. (b) The purpose of the council shall be to inform and advise the department and the Department of Natural Resources regarding important developments in aquaculture of pacific white shrimp. (c) The members of the council shall enter upon their duties without further act or formality. The council may make such bylaws for its government as it deems necessary but is under no duty to do so. The council may appoint working subcommittees based on identified needs. These subcommittees may consist of noncouncil members who exhibit an interest in the development of the pacific white shrimp aquaculture industry of Georgia. (d) Eight members of the council shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted the council by this chapter. No vacancy on the council shall impair the right of a quorum to transact any and all business of the council. (e) The members shall not receive compensation for their services on the council but those members who are public officials or employees shall be reimbursed from the funds of their employing department, agency, or branch of government for per diem, TUESDAY, FEBRUARY 12, 2008 301 travel, and other expenses in the same manner and amount as they otherwise receive for performing services for their respective departments, agencies, or branches of government. (f) The council shall meet upon the call of its chairperson, who shall be elected by the members of the council. The chairpersons of the Committees on Agriculture and Consumer Affairs of the House of Representatives and the Senate shall serve as cochairpersons of the council until such time as a chairperson of the council is elected by the members. (g) The council is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this chapter which are necessary or convenient to enable it to exercise its powers, perform its duties, and accomplish the objectives and purposes of this chapter Reserved." SECTION 2. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by revising Code Section 10-4-110, relating to the Georgia Tobacco Advisory Board, as follows: "10-4-110. To aid in the administration of this part, there is created an advisory board to be known as the Georgia Tobacco Advisory Board and to be composed of 12 members. Three members are to be members of the House of Representatives to be appointed by the Speaker of the House, and two members are to be members of the Senate to be appointed by the President of the Senate. The members of the General Assembly shall be appointed from those members who are tobacco producers or, in the absence of such producers in the General Assembly, such members may be appointed from the members of the General Assembly who represent the flue-cured leaf tobacco producing counties and districts of this state. One member shall be the Commissioner of Agriculture, ex officio, or his representative, who shall be chairman of the board. One member shall be the president of the Georgia Farm Bureau Federation, or his representative. One member shall be a member of the Georgia Flue-Cured Tobacco Warehousemens Association to be appointed by the president of that association. Four members shall be flue-cured leaf tobacco farmers to be appointed by the Commissioner of Agriculture. The Commissioner in selecting the four tobacco farmer members shall strive to give the board geographical balance so that all flue-cured leaf tobacco producing areas of the state will be represented on the board. All members of the board shall be bona fide residents of the State of Georgia. The appointive members shall serve at the pleasure of the appointing officer. The members of the General Assembly shall receive the per diem and expense allowance provided for committee work of the General Assembly, and such sums shall be paid from the funds appropriated for the operation of the General Assembly. The other appointive members of the board shall be compensated in the amount of $15.00 per day for each day in attendance of the duties of the board and shall be reimbursed for the necessary expenses incurred in the performance of their duties from the funds of the Department of Agriculture. The 302 JOURNAL OF THE SENATE Commissioner shall be reimbursed for his expenses incurred in the performance of his duties. The members of the board shall not receive the per diem provided in this Code section for more than seven days per year Reserved." SECTION 3. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by repealing and reserving Part 4 of Article 7 of Chapter 3, relating to the Kinchafoonee Lake Authority. SECTION 4. Said title is further amended by repealing Article 12 of Chapter 3, relating to the Power Alley Development Authority. SECTION 5. Said title is further amended by revising Code Section 12-5-23.3, relating to the State Waste-water Privatization Oversight Committee, as follows: "12-5-23.3. (a) For purposes of this Code section only, the term: (1) 'LAS permit' means Land Application System permit. (2) 'NPDES permit' means National Pollutant Discharge Elimination System permit. (3) 'Waste-water treatment facilities' means all publicly owned facilities with average monthly flow limits of 20 million gallons per day or more that have been issued NPDES permits or LAS permits. (b) The director shall provide written notice to owners of all waste-water treatment facilities that the privatization requirements specified in subsection (c) of this Code section are in effect if the owner of such facility has violated its NPDES or LAS permit, or any interim conditions established by a federal court order, as follows: (1) A violation of the facilitys monthly effluent limitation specified in the NPDES permit or conditions of a federal court order for biochemical oxygen demand, total suspended solids, ammonia, or phosphorus for any eight months during any continuous 12 month period starting on or after January 1, 1999; (2) A violation of the facilitys monthly effluent limitation specified in the NPDES permit or conditions of a federal court order for biochemical oxygen demand, total suspended solids, ammonia, or phosphorus by a factor of 1.4 or greater for any four months during any continuous 12 month period, starting on or after January 1, 1999; or (3) Three major treatment facility bypasses during any continuous 12 month period starting on or after January 1, 1999. For purposes of this paragraph, the term 'major treatment facility bypass' shall mean any diversion of waste water from or bypassing of waste water around the treatment facility, excluding sewer system overflows; provided, however, that this shall not include any bypass which is authorized by any NPDES or LAS permit or any bypass which is necessary to prevent loss of life, bodily injury, or severe property damage. TUESDAY, FEBRUARY 12, 2008 303 (c) Within 12 months of receipt of written notification from the director in accordance with subsection (b) of this Code section, the owner shall enter into a binding contract with a private contractor for the operation and maintenance of the waste-water facility as follows: (1) The contractor shall be selected, and the contract shall be awarded, through competitive bidding, as follows: (A) In in accordance with the public procurement processes and procedures then in effect for the public owner or, at the option of the owner, through competitive bidding by the Department of Administrative Services in accordance with and as permitted by Part 2 of Article 3 of Chapter 5 of Title 50; and (B) As may otherwise be specified by the State Waste-water Privatization Oversight Committee upon its review of the privatization plan and other submittals from the owner in accordance with paragraph (2) of subsection (d) of this Code section; (2) The scope of the contract shall include the operation and maintenance of the entire facility and sewer collection system, including combined sewer overflow treatment facilities, by the selected contractor; (3) Notwithstanding any provisions of law to the contrary, the term of the contract shall be not less than ten years nor more than 50 years; and (4) The contract shall meet all applicable state and local laws, rules, and regulations pertinent to the awarding, drafting, enforcement, and administration of such contract and shall contain such other contractual provisions as may be reasonably necessary for the effective enforcement and administration of the contract. (d) There is created a State Waste-water Privatization Oversight Committee, hereinafter the 'committee,' consisting of the commissioner of natural resources, the commissioner of administrative services, and one appointee each by the Governor, Lieutenant Governor, and Speaker of the House of Representatives. Within 30 days of its creation, the committee shall meet and adopt procedures for the accomplishment of its purposes under this Code section. The committee is authorized to utilize the facilities and personnel of the department for such purposes. During any privatization process, the owner shall be required to make submittals to the committee in accordance with the following milestones: (1) A privatization plan, consistent with the standards of subsection (c) of this Code section, shall be submitted to the committee within three months of the owners receipt of the directors written notification. The committee shall review the privatization plan and either concur with the plan or provide comments to the owner. The owner must modify the privatization plan in accordance with any comments provided by the committee and meet any milestone time frame established by the committee to achieve plan concurrence; (2) A proposed contract and related bid documents, consistent with the standards of subsection (c) of this Code section, shall be submitted to the committee within six months of the owners receipt of the directors written notification. The owner must modify the proposed contract and related bid documents in accordance with any 304 JOURNAL OF THE SENATE comments provided by the committee. The owner must receive the concurrence of the committee prior to commencement of the competitive bidding process; (3) Written notification of issuance of bid documents to prospective contractors and commencement of the competitive bidding process, consistent with the standards of subsection (c) of this Code section, shall be provided to the committee within nine months of the owners receipt of the directors notification; (4) Copies of all proposals received in response to the bid documents, and copies of draft contracts and correspondence related thereto exchanged between the owner and any prospective contractor, and copies of any additional documents from the owner or any prospective contractor that the committee deems necessary or advisable to review in order to accomplish its duties under this subsection; and (5) A copy of the fully executed contract, consistent with the standards of subsection (c) of this Code section, shall be provided to the committee within 12 months of the owners receipt of the directors notification. In the event of an impasse in negotiations between the owner and the private contractor on one or more terms of the proposed contract, the committee shall be authorized to mediate any such impasse upon agreement of the parties to the proposed contract. In the event of any such impasse in negotiations, the committee shall extend the time for the submission of a fully executed contract for a reasonable period, as long as the owner is negotiating with a private contractor in good faith and an application for extension of time is received by the committee no later than 30 days before the expiration of the time period in which a fully executed contract must be provided to the committee. (e) Penalties for failure to comply with this Code section shall be assessed as follows: (1) If an owner fails to meet any milestone set forth in paragraph (1), (2), or (3) of subsection (d) of this Code section, the owner shall pay a civil penalty in the amount of $50,000.00 per day to the division until that milestone is met. A separate penalty shall be assessed for each milestone that is not met; and (2) If an owner fails to meet the milestone set forth in paragraph (5) of subsection (d) of this Code section, the owner shall pay a civil penalty in the amount of $100,000.00 per day to the division until that milestone is met, unless an extension of time is granted by the committee in accordance with the provisions of paragraph (5) of subsection (d) of this Code section. (f) Notwithstanding the provisions of subsection (e) of this Code section, if the committee determines that an owners failure to meet a particular milestone was outside the control of the owner, the committee may, in its sole discretion, extend the time for meeting the respective milestone for a period of up to 180 days and waive any penalty that might otherwise accrue pursuant to subsection (e) of this Code section during the extended milestone period; provided, however, in the event any milestone is not met within any extended time frame for meeting the milestone, penalties shall be assessed as provided in subsection (e) of this Code section. (g) The committee shall, by rules adopted pursuant to the provisions of Title 50, establish criteria for evaluation of the eligibility of any contractors bidding on privatizations consistent with subsection (c) of this Code section, and such criteria shall TUESDAY, FEBRUARY 12, 2008 305 include, but not be limited to, a review of such contractors previous performance on projects of comparable magnitude, the environmental compliance record of such contractors, and any civil or criminal penalties incurred by such contractors during the five years immediately preceding the execution of the contract. Such criteria shall provide a basis for determining the eligibility of any contractor. All information required by the committee pursuant to this subsection shall be provided by the contractor under oath." SECTION 6. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-2-301, relating to the Coordinating Committee for Exceptional Individuals, as follows: "20-2-301. The State Board of Education shall be empowered to form the Coordinating Committee for Exceptional Individuals which shall consist of a representative of the Governors office, no fewer than three representatives of the Department of Education, no fewer than three representatives of the Department of Human Resources, and no fewer than three representatives of the Department of Corrections. At least one of each departments representatives shall be from the upper levels of management, and all representatives shall be designated by their respective department heads. The committee shall be provided a full-time staff of one professional staff member from the Department of Education and one professional staff member from the Department of Human Resources. The committee shall report annually to the Governor and the General Assembly concerning issues addressed and the progress which results. The issues which shall be addressed by the committee shall include, but shall not be limited to, clear delineation of responsibility regarding services to disabled individuals, clear delineation of referral and coordination processes, and resolution of how such understandings shall apply in specific instances, particularly when such resolution involves a conflict at the institutional and local unit of administration level Reserved." SECTION 7. Said title is further amended by revising subsection (a) of Code Section 20-2-320, relating to the Education Information Steering Committee and identification of data to implement Quality Basic Education Program, as follows: "(a) The Governor shall appoint a steering committee, which shall be named the Education Information Steering Committee, composed of representatives from the Department of Education, the Department of Technical and Adult Education, the Board of Regents of the University System of Georgia, the office of the Governor, the Office of Planning and Budget, the Department of Audits and Accounts, the Georgia Technology Authority, the Department of Early Care and Learning, the Professional Standards Commission, the Office of Student Achievement, the Georgia Public Telecommunications Commission, the Legislative Budget Office, and local school systems. The steering committee shall identify the data required to implement the 306 JOURNAL OF THE SENATE Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the components of public education in Georgia. The steering committee shall identify data that shall be required from local units of administration for the implementation of this article. Further, the steering committee shall develop a design for There shall be a state-wide comprehensive educational information system which will provide for the accurate, seamless, and timely flow of information from local and regional education agencies, units of the University System of Georgia, and technical schools and colleges to the state. The system design shall include hardware, software, data, collection methods and times, training, maintenance, communications, security of data, and installation specifications and any other relevant specifications needed for the successful implementation of this the system. The statewide comprehensive educational information system shall not use a students social security number or an employees social security number in violation of state or federal law to identify a student or employee. The steering committee shall present such recommendations to the Education Coordinating Council. Upon approval of the boards of the respective education agencies, such boards shall issue appropriate requests for proposals to implement a state-wide comprehensive educational information system, subject to appropriation by the General Assembly. The boards of the respective education agencies, at the direction of the Education Coordinating Council and working through the steering committee, shall initiate contracts with appropriate vendors and local units of administration for the procurement of services, purchase of hardware and software, and for any other purpose as directed by the Education Coordinating Council, consistent with appropriation by the General Assembly." SECTION 8. Said title is further amended by revising Code Section 20-3-84, relating to the Center for Trade and Technology Transfer, as follows: "20-3-84. (a) There is created the Center for Trade and Technology Transfer, which shall function as an economic assistance, information, and technical resource service center. There is also created the Board of Directors of the Center for Trade and Technology Transfer which shall be composed of 11 members to be appointed as follows: (1) two members to be appointed by the chancellor of the University System of Georgia; (2) two members to be appointed by the Speaker of the House of Representatives; (3) two members to be appointed by the President of the Senate; (4) three members to be appointed by the Governor; and (5) two members appointed by the commissioner of economic development. The members of the board of directors shall serve for terms of two years and until their respective successors are appointed and qualified. No member may serve more than two terms as a member of the board of directors. The first members of the board of directors shall be appointed not later than July 1, 1999, and the initial terms shall begin on such date. In order to be eligible for appointment as a member, a person must have a proven interest in the advancement of economic and community development, an interest in the development of trade with emerging TUESDAY, FEBRUARY 12, 2008 307 nations, and an interest in the purposes for which the center was created. Members of the board of directors shall not be entitled to compensation for the duties they perform as members of the board of directors. Each member shall, however, be entitled to the same pay for per diem and expenses as are members of the Georgia General Assembly. (b) The board of directors shall elect from among the members thereof a chairperson, a vice chairperson, and such other officers as the board shall deem appropriate. The chairperson, or the vice chairperson in the absence of the chairperson, shall call and preside at meetings of the board. A majority of the total membership of the board shall constitute a quorum for the transaction of business. Meetings of the board shall be held at such locations as the chairperson shall determine. (c) The board of directors shall assist and advise the Center for Trade and Technology Transfer in the performance of its functions and the accomplishment of its purposes. The board shall seek ways to enhance the development of communities throughout the state and the world, to improve trade between this state and emerging nations, and to increase the transfer and beneficial uses and implementation of technology. (d) The board of directors shall report annually its findings and recommendations to the Governor and the General Assembly. (e) The Center for Trade and Technology Transfer shall be attached to the University System of Georgia for administrative purposes only Reserved." SECTION 9. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by revising Code Section 46-4-160.4, relating to the Natural Gas Consumer Education Advisory Board, as follows: "46-4-160.4. (a) There is created the Natural Gas Consumer Education Advisory Board, whose duty it shall be to advise and make recommendations to the director of the consumers utility counsel division of the Governors Office of Consumer Affairs. The board shall consist of five members who shall be appointed by the Governor and shall include at least one representative for each of the following: marketers, natural gas consumers, and electing distribution companies. There shall be one member appointed from each commission electoral district. Board members shall serve at the pleasure of the Governor. (b) The board shall elect its chairperson and shall convene upon the call of the administrator at a time and place specified in writing by the administrator. Each member of the board shall serve without pay but shall receive standard state per diem for expenses and receive standard travel allowance while attending meetings and while in the discharge of his or her responsibilities. (c) The board shall assist the director in an advisory capacity only in carrying out the duties and functions of such official concerning policy matters relating to the development and implementation of state-wide education programs for natural gas consumers or consumers of any other utility that may be deregulated in the future Reserved." 308 JOURNAL OF THE SENATE SECTION 10. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by repealing Article 5 of Chapter 5, relating to communication services. SECTION 11. Said title is further amended by repealing and reserving Chapter 30, relating to Georgia Institute for Community Business Development. 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. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams TUESDAY, FEBRUARY 12, 2008 309 On the passage of the bill, the yeas were 55, nays 0. SB 344, having received the requisite constitutional majority, was passed by substitute. SB 351. By Senators Cowsert of the 46th, Tolleson of the 20th, Bulloch of the 11th, Williams of the 19th, Smith of the 52nd and others: A BILL to be entitled an Act to amend Article 8 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to comprehensive state-wide water management planning, so as to provide for a joint State-wide Water Planning Oversight Committee and the members, powers, and duties thereof; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on action to contest rules, and legislative override, so as to change certain provisions relating to exceptions from legislative override; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Natural Resources and the Environment Committee offered the following substitute to SB 351: A BILL TO BE ENTITLED AN ACT To amend Article 8 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to comprehensive state-wide water management planning, so as to provide for a joint State-wide Water Planning Oversight Committee and the members, powers, and duties thereof; to provide procedures for legislative override of certain rules and regulations; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on action to contest rules, and legislative override, so as to change certain provisions relating to legislative override; 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 8 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to comprehensive state-wide water management planning, is amended by adding a new Code section to read as follows: "12-5-526. (a)(1) There is created as a joint committee of the General Assembly the State-wide Water Planning Oversight Committee, to be composed of three members of the 310 JOURNAL OF THE SENATE Senate appointed by the President of the Senate, the chairperson of the Senate Natural Resources and the Environment Committee, three members of the House of Representatives appointed by the Speaker of the House, and the chairperson of the House Committee on Natural Resources and Environment. The members of the oversight committee shall serve two-year terms concurrent with their terms as members of the General Assembly. During even-numbered years, the chairperson of the Senate Natural Resources and the Environment Committee shall serve as chairperson of the oversight committee, and the chairperson of the House Committee on Natural Resources and Environment shall serve as vice chairperson of the oversight committee. During odd-numbered years, the chairperson of the House Committee on Natural Resources and Environment shall serve as chairperson of the oversight committee, and the chairperson of the Senate Natural Resources and the Environment Committee shall serve as vice chairperson of the oversight committee. Any vacancy in an appointed members position shall be filled for the unexpired term in the same manner as the original appointment. Initial appointments shall be made not later than July 1, 2008. (2) The oversight committee shall advise the General Assembly regarding the implementation of any state-wide water management plan under this article. The committee shall meet upon the call of the chairperson. (b) For purposes of subsection (e) of Code Section 50-13-4, the oversight committee shall serve as the appropriate standing committee for both the Senate and the House of Representatives in regard to any rules or regulations to implement any state-wide water management plan under this article or otherwise pertaining to water quantity management, water demand management, water return management, water supply management, water quality management, enhanced water quality standards and monitoring practices, enhanced water pollution control management practices, regional water planning, or drought management if such rules or regulations are not required for compliance with federal statutes or regulations or to exercise certain powers delegated by the federal government to the state to implement federal statutes or regulations. (c) Subsections (f) and (g) of Code Section 50-13-4 shall not apply to any rules or regulations that are subject to this Code section. (d) In the event the oversight committee, after consultation with the director, files an objection to a proposed rule or regulation with the chairperson of the Board of Natural Resources prior to the boards taking action on the proposed rule or regulation, then the same shall be stayed. Thereafter, by introduction of a resolution in either the Senate or the House of Representatives within the first 30 days of the next regular session of the General Assembly, the objection may be considered for ratification by joint resolution of the General Assembly. Upon such a resolution being introduced in or transmitted to either house, the presiding officer shall refer the resolution to the natural resources committee thereof, and the chairperson of the committee shall call and conduct a committee meeting for purposes of hearing testimony from the department and other interested persons, entertaining motions, and taking action on the resolution not more than five days after the resolution was referred to the committee. The department shall TUESDAY, FEBRUARY 12, 2008 311 be given written notice of the committee meeting not less than 24 hours in advance thereof. If the resolution is reported out of committee, then such resolution shall be placed on the calendar and put upon its adoption not more than five days after being reported out of committee. In the event such a resolution is adopted by the requisite constitutional majority in either body of the General Assembly, it shall be immediately transmitted to the other body of the General Assembly, and the same procedures and time limits shall apply. If a resolution ratifying the objection is adopted by the requisite constitutional majority in the House of Representatives and the Senate, the resolution shall be submitted to the Governor for his or her approval or veto. If such a resolution ratifying the objection becomes law with or without the Governors approval on or before July 1 next following the regular session of the General Assembly, the proposed rule shall not become effective; otherwise, the proposed rule shall become effective on said July 1." SECTION 2. Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on action to contest rules, and legislative override, is amended by adding a new subsection to read as follows: "(g.1) Subsections (f) and (g) of this Code section shall not apply to any rules or regulations to implement any state-wide water management plan under Article 8 of Chapter 5 of Title 12 or otherwise pertaining to water quantity management, water demand management, water return management, water supply management, water quality management, enhanced water quality standards and monitoring practices, enhanced water pollution control management practices, regional water planning, or drought management if such rules or regulations are not required for compliance with federal statutes or regulations or to exercise certain powers delegated by the federal government to the state to implement federal statutes or regulations. Any rules or regulations that are exempt from subsections (f) and (g) of this Code section pursuant to this subsection shall be subject to legislative objection and override as provided by Code Section 12-5-526." 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, there were no objections, 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. 312 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 53, nays 1. SB 351, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Lee Hawkins District 49 304-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Reapportionment and Redistricting Agriculture and Consumer Affairs Health and Human Services Natural Resources and the Environment State and Local Governmental Operations The State Senate Atlanta, Georgia 30334 February 12, 2008 Mr. Robert Ewing Secretary of the Senate State Capitol Atlanta, Georgia 30334 TUESDAY, FEBRUARY 12, 2008 313 Dear Bob: I was having a photo taken with the Lt. Governor this morning and missed a vote on SB 351. If I had been at my desk I would have voted YES. I would appreciate it if you would record my vote as YES on SB 351. Thank you very much for your assistance. Sincerely yours, /s/ Lee Hawkins State Senator SB 367. By Senators Tolleson of the 20th and Johnson of the 1st: A BILL to be entitled an Act to amend Part 6 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to change certain provisions relating to an automatic repeal of the Georgia Coastal Management Act; 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber 314 JOURNAL OF THE SENATE Y Harbison Y Harp Y Hawkins Y Ramsey Y Reed Y Rogers Y Wiles Williams On the passage of the bill, the yeas were 53, nays 0. SB 367, having received the requisite constitutional majority, was passed. Senator Davenport of the 44th recognized African American entrepreneurs, proclaiming February 12, 2008 as "African American Business Enterprise Day" at the State Capitol, designated by SR 850, adopted previously. The Calendar was resumed. SB 388. By Senators Carter of the 13th, Chance of the 16th, Heath of the 31st, Rogers of the 21st, Balfour of the 9th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 9 of Title 16 and Chapter 35 of the Official Code of Georgia Annotated, relating to identity fraud and the Georgia Bureau of Investigation, respectively, so as to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses involving identity fraud, including subpoena power; to change provisions relating to investigations in identity fraud cases; to provide for an effective date; 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C TUESDAY, FEBRUARY 12, 2008 315 Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 55, nays 0. SB 388, having received the requisite constitutional majority, was passed. SR 686. By Senators Johnson of the 1st, Rogers of the 21st, Williams of the 19th, Adelman of the 42nd, Seabaugh of the 28th and others: A RESOLUTION Proposing an amendment to the Constitution so as to require the freezing of existing residential real property values and to provide that residential real property and interests therein shall be appraised for ad valorem taxation purposes at their fair market value as of the date of the owners acquisition thereof; to provide for conditions and limitations regarding valuation increases; to provide for authority of the General Assembly with respect to the foregoing; 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, Section I of the Constitution is amended in Paragraph III by striking the catchline and subparagraphs (a) and (b) and inserting in their places a new catchline and subparagraphs (a), (b), and (b.1) to read as follows: "Paragraph III.Uniformity; classification of property; assessment of agricultural land; utilities. Uniformity; classification of property; assessment of residential real property, agricultural land, historic property, standing timber, and utilities. (a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (b), (b.1), (c), (d), and (e) of this Paragraph, all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. (b)(1) Except as otherwise provided in this subparagraph (b), classes of subjects for taxation of property shall consist of residential real property, other tangible property, and one or more classes of intangible personal property, including money; provided, however, that any taxation of intangible personal property may be repealed by general law without 316 JOURNAL OF THE SENATE approval in a referendum effective for all taxable years beginning on or after January 1, 1996. (2) Subject to the conditions and limitations specified by law, each of the following types of property may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such properties: (A) Trailers;. (B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation; and. (C) Heavy-duty equipment motor vehicles owned by nonresidents and operated in this state. (3) Motor vehicles may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes. The General Assembly may provide by general law for the ad valorem taxation of motor vehicles including, but not limited to, providing for different rates, methods, assessment dates, and taxpayer liability for such class and for each of its subclasses and need not provide for uniformity of taxation with other classes of property or between or within its subclasses. The General Assembly may also determine what portion of any ad valorem tax on motor vehicles shall be retained by the state. As used in this subparagraph, the term 'motor vehicles' means all vehicles which are self-propelled. (b.1) Except as otherwise provided in subparagraphs (c) and (d) of this Paragraph: (1) The value of residential real property and interests therein shall not be changed from the valuation of such property established for the 2008 taxable year except as a result of new construction, additions, or improvements to the property of the taxpayer which require a building permit unless such property is sold or transferred to a person other than the owners spouse in which event such spouse shall retain the valuation pursuant to this subparagraph. Once transferred or sold to person other than the owners spouse, residential real property and interests therein shall be appraised for ad valorem taxation purposes at their fair market values as of the date of the owners acquisition thereof. Such property shall be subject to annual revaluation, but any such annual increase in the value of such residential real property shall not exceed an inflation percentage established by the state revenue commissioner for the current taxable year. The state revenue commissioner shall annually establish an inflation percentage to reflect the effect of economic inflation on individual taxpayers, and for such purpose, the state revenue commissioner may use the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics of the United States Department of Labor and any other reliable economic indicator determined by the state revenue commissioner to be appropriate. (2) The General Assembly shall be authorized to provide by local Act that a local taxing jurisdiction shall not be subject to the annual revaluation provided for in this subparagraph. (3) This subparagraph shall not apply to any ad valorem taxes in a local taxing jurisdiction in which a local Act has become effective prior to January 1, 2009, which TUESDAY, FEBRUARY 12, 2008 317 provides a homestead exemption with respect to such ad valorem taxes 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." 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 freezing of existing residential real property values until property is ( ) NO sold and once sold provide that such residential real property shall be appraised for ad valorem taxation purposes at fair market value as of the date of the owners acquisition thereof subject only to valuation increases at the inflation rate?" 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 Meyer von Bremen of the 12th and Johnson of the 1st offered the following amendment #1: Amend SR 686 by adding on page 1, line 2 after the word "valves", the following: as to potential increases and on page 2, line 19, striking the word "changed" and substituting therefore the word "increased" On the adoption of the amendment, there were no objections, and the Meyer von Bremen, Johnson amendment #1 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 proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown Y Bulloch N Butler Y Carter Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 318 JOURNAL OF THE SENATE Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers 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 Wiles Y Williams On the adoption of the resolution, the yeas were 53, nays 3. SR 686, having received the requisite two-thirds constitutional majority, was adopted as amended. SR 796. By Senators Rogers of the 21st, Williams of the 19th, Mullis of the 53rd, Pearson of the 51st, Moody of the 56th and others: A RESOLUTION Proposing an amendment to the Constitution so as to provide for ad valorem tax reform; to freeze the valuation of real property except for certain adjustments; to provide for procedures, conditions, and limitations for certain increases; to provide procedures for increasing or decreasing millage rates on taxes for educational purposes; 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, Section I of the Constitution is amended by revising Paragraph III and by adding new Paragraph to read as follows: "Paragraph III. Uniformity Applicability of uniformity; exceptions; classification of property; assessment of agricultural land; conservation use; timber; utilities. (a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (b), (c), (d), and (e), all All taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. This uniformity requirement shall not apply to residential and nonresidential real property. (b)(1) Except as otherwise provided in this subparagraph (b) Paragraph, classes of TUESDAY, FEBRUARY 12, 2008 319 subjects for taxation of property shall consist of residential and nonresidential real property, other tangible property, and one or more classes of intangible personal property including money; provided, however, that any taxation of intangible personal property may be repealed by general law without approval in a referendum effective for all taxable years beginning on or after January 1, 1996. (2) Subject to the conditions and limitations specified by law, each of the following types of property may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such properties: (A) Trailers. (B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation. (C) Heavy-duty equipment motor vehicles owned by nonresidents and operated in this state. (3) Motor vehicles may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes. The General Assembly may provide by general law for the ad valorem taxation of motor vehicles including, but not limited to, providing for different rates, methods, assessment dates, and taxpayer liability for such class and for each of its subclasses and need not provide for uniformity of taxation with other classes of property or between or within its subclasses. The General Assembly may also determine what portion of any ad valorem tax on motor vehicles shall be retained by the state. As used in this subparagraph, the term 'motor vehicles' means all vehicles which are self-propelled. (c) Tangible Subject to the limitations of Paragraph IV of this section, tangible real property, but no more than 2,000 acres of any single property owner, which is devoted to bona fide agricultural purposes shall be assessed for ad valorem taxation purposes at 75 percent of the value which other tangible real property is assessed. No property shall be entitled to receive the preferential assessment provided for in this subparagraph if the property which would otherwise receive such assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock ownership, receiving the benefit of such preferential assessment as to more than 2,000 acres. No property shall be entitled to receive the preferential assessment provided for in this subparagraph unless the conditions set out below are met: (1) The property must be owned by: (A)(i) One or more natural or naturalized citizens; (ii) An estate of which the devisee or heirs are one or more natural or naturalized citizens; or (iii) A trust of which the beneficiaries are one or more natural or naturalized citizens; or (B) A family-owned farm corporation, the controlling interest of which is owned by individuals related to each other within the fourth degree of civil reckoning, or which is owned by an estate of which the devisee or heirs are one or more natural or 320 JOURNAL OF THE SENATE naturalized citizens, or which is owned by a trust of which the beneficiaries are one or more natural or naturalized citizens, and such corporation derived 80 percent or more of its gross income from bona fide agricultural pursuits within this state within the year immediately preceding the year in which eligibility is sought. (2) The General Assembly shall provide by law: (A) For a definition of the term 'bona fide agricultural purposes,' but such term shall include timber production; (B) For additional minimum conditions of eligibility which such properties must meet in order to qualify for the preferential assessment provided for herein, including, but not limited to, the requirement that the owner be required to enter into a covenant with the appropriate taxing authorities to maintain the use of the properties in bona fide agricultural purposes for a period of not less than ten years and for appropriate penalties for the breach of any such covenant. (3) In addition to the specific conditions set forth in this subparagraph (c), the General Assembly may place further restrictions upon, but may not relax, the conditions of eligibility for the preferential assessment provided for herein. (d)(1) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property which is listed in the National Register of Historic Places or in a state historic register authorized by general law. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the preservation of such historic properties and to assist in the revitalization of historic areas. (2) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property on which there have been releases of hazardous waste, constituents, or substances into the environment. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the cleanup, reuse, and redevelopment of such properties and to assist in the revitalization thereof by encouraging remedial action. (e) The Subject to the limitations of Paragraph IV of this section, 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: TUESDAY, FEBRUARY 12, 2008 321 (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; 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; (2) That standing timber shall be assessed only once, and such assessment shall be made following its harvest or sale and on the basis of its fair market value at the time of harvest or sale. Said assessment shall be two and one-half times the assessed percentage of value fixed by law for other real property taxed under the uniformity provisions of subparagraph (a) of this Paragraph but in no event greater than its fair market value; and for a method of temporary supplementation of the property tax digest of any county if the implementation of this method of taxing timber reduces the tax digest by more than 20 percent, such supplemental assessed value to be assigned to the properties otherwise benefiting from such method of taxing timber. (f) The Subject to the limitations of Paragraph IV of this section, the General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c), (d), or (e) of this Paragraph. Paragraph IV. Limitations on assessed value increases for real property. (a)(1) Except as otherwise provided in this Paragraph, the assessed value of residential real property and nonresidential real property for all ad valorem tax purposes shall not be increased from the valuation established for 2007. Additions or improvements to such residential real property and nonresidential real property shall be appraised for ad valorem tax purposes at their fair market value and shall be added to the owners 2007 valuation amount. (2) If such residential real property or nonresidential real property is sold or transferred to another person, such residential real property or nonresidential real property shall be appraised for ad valorem tax purposes at fair market value. (3) The 2007 valuation amount for residential real property may be increased during any taxable year by an amount not to exceed a 2 percent increase in such value. The 2007 valuation of nonresidential real property may be increased during any taxable year by an amount not to exceed a 3 percent increase in such value. (b) As used in subparagraph (c) of this Paragraph, the term 'established property' means any individual parcel of residential real property or nonresidential real property which has not been subdivided or substantially improved, sold, or transferred during the previous 12 month period. (c) The valuations established under subparagraph (a) of this Paragraph may be further increased, but only under the following conditions: (1) The local taxing jurisdiction shall adopt by majority vote a uniform process for assessment of residential real property or nonresidential real property. Such process shall conform to any guidelines set forth by general law and shall provide: 322 JOURNAL OF THE SENATE (A) A maximum allowable percentage increase from assessed value of established property during any taxable year; (B) That any individual parcel of residential real property or nonresidential real property sold or transferred to another person shall be assessed for ad valorem tax purposes at fair market value; and (C) A maximum allowable percentage increase from one taxable year to another taxable year of ad valorem tax revenue generated from established property; and (2) Such procedure shall become effective only upon its adoption by an ordinance or resolution of the governing body of such local taxing jurisdiction and also by a local Act of the General Assembly conditioned upon approval by a majority vote of the qualified electors residing within the limits of the local taxing jurisdiction voting in a referendum thereon. (d) The General Assembly shall be authorized by general law to further define and implement the provisions of this Paragraph including, but specifically not limited to, a definition of residential real property and nonresidential real property. (e) The limitations provided for in this Paragraph shall not apply to real property located in a tax allocation district or to brownfield property." SECTION 2. Article VIII, Section VI of the Constitution is amended by revising Paragraph II as follows: "Paragraph II. Increasing or removing decreasing tax rate. The mill limitation in effect on June 30, 1983, provided for under subparagraph (a) of Paragraph I of this section for any school system may be increased or removed by action of the respective boards of education or decreased but only after such action has been approved by a local Act of the General Assembly conditioned on approval by a majority of the qualified voters voting thereon in the particular school system to be affected in the manner provided by law." 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 provide for ad valorem tax reform, to freeze real property values except for limited ( ) NO adjustments but allow future increases if approved by voters in a referendum, and to provide procedures for increasing or decreasing millage rates on taxes for educational purposes?" 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. TUESDAY, FEBRUARY 12, 2008 323 The Senate Finance Committee offered the following substitute to SR 796: A RESOLUTION Proposing an amendment to the Constitution so as to provide for ad valorem tax reform; to freeze the valuation of real property except for certain adjustments; to provide for procedures, conditions, and limitations for certain increases; to provide procedures for increasing or decreasing millage rates on taxes for educational purposes; to provide for ratification of certain exemptions and assessment freezes which were previously enacted; to provide for applicability; 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, Section I of the Constitution is amended by revising Paragraph III and by adding new Paragraph to read as follows: "Paragraph III. Uniformity Applicability of uniformity; exceptions; classification of property; assessment of agricultural land; conservation use; timber; utilities. (a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (b), (c), (d), and (e), all All taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. This uniformity requirement shall not apply to residential and nonresidential real property. (b)(1) Except as otherwise provided in this subparagraph (b) Paragraph, classes of subjects for taxation of property shall consist of residential and nonresidential real property, other tangible property, and one or more classes of intangible personal property including money; provided, however, that any taxation of intangible personal property may be repealed by general law without approval in a referendum effective for all taxable years beginning on or after January 1, 1996. (2) Subject to the conditions and limitations specified by law, each of the following types of property may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such properties: (A) Trailers. (B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation. (C) Heavy-duty equipment motor vehicles owned by nonresidents and operated in this state. (3) Motor vehicles may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes. The General Assembly may provide by general law for the ad valorem taxation of motor vehicles including, but not limited to, providing for 324 JOURNAL OF THE SENATE different rates, methods, assessment dates, and taxpayer liability for such class and for each of its subclasses and need not provide for uniformity of taxation with other classes of property or between or within its subclasses. The General Assembly may also determine what portion of any ad valorem tax on motor vehicles shall be retained by the state. As used in this subparagraph, the term 'motor vehicles' means all vehicles which are self-propelled. (c) Tangible Subject to the limitations of Paragraph IV of this section, tangible real property, but no more than 2,000 acres of any single property owner, which is devoted to bona fide agricultural purposes shall be assessed for ad valorem taxation purposes at 75 percent of the value which other tangible real property is assessed. No property shall be entitled to receive the preferential assessment provided for in this subparagraph if the property which would otherwise receive such assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock ownership, receiving the benefit of such preferential assessment as to more than 2,000 acres. No property shall be entitled to receive the preferential assessment provided for in this subparagraph unless the conditions set out below are met: (1) The property must be owned by: (A)(i) One or more natural or naturalized citizens; (ii) An estate of which the devisee or heirs are one or more natural or naturalized citizens; or (iii) A trust of which the beneficiaries are one or more natural or naturalized citizens; or (B) A family-owned farm corporation, the controlling interest of which is owned by individuals related to each other within the fourth degree of civil reckoning, or which is owned by an estate of which the devisee or heirs are one or more natural or naturalized citizens, or which is owned by a trust of which the beneficiaries are one or more natural or naturalized citizens, and such corporation derived 80 percent or more of its gross income from bona fide agricultural pursuits within this state within the year immediately preceding the year in which eligibility is sought. (2) The General Assembly shall provide by law: (A) For a definition of the term 'bona fide agricultural purposes,' but such term shall include timber production; (B) For additional minimum conditions of eligibility which such properties must meet in order to qualify for the preferential assessment provided for herein, including, but not limited to, the requirement that the owner be required to enter into a covenant with the appropriate taxing authorities to maintain the use of the properties in bona fide agricultural purposes for a period of not less than ten years and for appropriate penalties for the breach of any such covenant. (3) In addition to the specific conditions set forth in this subparagraph (c), the General Assembly may place further restrictions upon, but may not relax, the conditions of eligibility for the preferential assessment provided for herein. (d)(1) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall be authorized by general law to establish as a separate class of TUESDAY, FEBRUARY 12, 2008 325 property for ad valorem tax purposes any tangible real property which is listed in the National Register of Historic Places or in a state historic register authorized by general law. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the preservation of such historic properties and to assist in the revitalization of historic areas. (2) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property on which there have been releases of hazardous waste, constituents, or substances into the environment. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the cleanup, reuse, and redevelopment of such properties and to assist in the revitalization thereof by encouraging remedial action. (e) The Subject to the limitations of Paragraph IV of this section, 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; 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; (2) That standing timber shall be assessed only once, and such assessment shall be made following its harvest or sale and on the basis of its fair market value at the time of harvest or sale. Said assessment shall be two and one-half times the assessed percentage of value fixed by law for other real property taxed under the uniformity provisions of subparagraph (a) of this Paragraph but in no event greater than its fair market value; and for a method of temporary supplementation of the property tax digest of any county if the implementation of this method of taxing timber reduces the tax digest by more than 20 percent, such supplemental assessed value to be assigned to the properties otherwise benefiting from such method of taxing timber. (f) The Subject to the limitations of Paragraph IV of this section, the General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed 326 JOURNAL OF THE SENATE percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c), (d), or (e) of this Paragraph. Paragraph IV. Limitations on assessed value increases for real property. (a)(1) Except as otherwise provided in this Paragraph, the assessed value of residential real property and nonresidential real property for all ad valorem tax purposes shall not be increased from the valuation established for 2008. Additions or improvements to such residential real property and nonresidential real property placed in service after December 31, 2007, shall be appraised for ad valorem tax purposes at their fair market value and shall be added to the owners 2008 valuation amount. (2) If such residential real property or nonresidential real property is sold or transferred to another person, such residential real property or nonresidential real property shall be appraised for ad valorem tax purposes at fair market value. (3) The 2008 valuation amount for any individual parcel of residential real property may be increased during the 2010 taxable year by an amount not to exceed a 4 percent increase in such value and, for each taxable year thereafter, by an amount not to exceed a 2 percent increase in such value. The 2008 valuation for any individual parcel of nonresidential real property may be increased during any taxable year by an amount not to exceed a 6 percent increase in such value and, for each taxable year thereafter, by an amount not to exceed a 3 percent increase in such value. The percentage limitations of this provision shall not be construed to prohibit the mass appraisal of real property in a county. (b) As used in subparagraph (c) of this Paragraph, the term 'established property' means any individual parcel of residential real property or nonresidential real property which has not been subdivided or substantially improved, sold, or transferred during the previous 12 month period. (c) The valuations established under subparagraph (a) of this Paragraph may be further increased, but only under the following conditions: (1) Each county shall adopt by majority vote a uniform process for assessment of residential real property or nonresidential real property. Such process shall be utilized by the county and by each local taxing jurisdiction in such county. Such process shall conform to any guidelines set forth by general law and shall provide: (A) A maximum allowable percentage increase from assessed value of established property during any taxable year; and (B) That any individual parcel of residential real property or nonresidential real property sold or transferred to another person shall be assessed for ad valorem tax purposes at fair market value; and (2) Such procedure shall become effective only upon its adoption by an ordinance or resolution of the governing body of such local taxing jurisdiction and also by a local Act of the General Assembly conditioned upon approval by a majority vote of the qualified electors residing within the limits of the local taxing jurisdiction voting in a referendum thereon. (d) The General Assembly shall be authorized by general law to further define and implement the provisions of this Paragraph including, but specifically not limited to, TUESDAY, FEBRUARY 12, 2008 327 definitions of residential real property and nonresidential real property. (e) Any local or general law providing for base year assessed value homestead exemptions that freeze the assessment of property with respect to any or all ad valorem taxes enacted prior to January 1, 2010, shall be ratified expressly; provided, however, that such ratification shall not be interpreted to imply that such laws were invalid at the time they became law. The provisions of this Paragraph shall not apply to any homesteads ad valorem taxes which are the subject of any such general or local law so long as the owner of such homestead on January 1, 2010, remains the owner of such property. Upon any sale or transfer of such homestead, no subsequent owner shall be entitled to apply for and receive such exemption or exemptions on such homestead. (f) This Paragraph shall not apply to any county or consolidated government for which a local constitutional amendment has been continued in force and effect as part of this Constitution which freezes ad valorem property taxes unless such local constitutional amendment is repealed." SECTION 2. Article VIII, Section VI of the Constitution is amended by revising Paragraph II as follows: "Paragraph II. Increasing or removing decreasing tax rate. The mill limitation in effect on June 30, 1983, for any school system may be increased or removed by action of the respective boards of education or decreased but only after such action has been approved by a local Act of the General Assembly conditioned on approval by a majority of the qualified voters voting thereon in the particular school system to be affected in the manner provided by law." SECTION 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution of Georgia be amended so as to provide for ad valorem tax reform, to freeze real property values except for limited adjustments but allow future increases if approved by voters in a referendum, to provide for ratification of similar freeze exemptions which were previously enacted, and to provide procedures for increasing or decreasing millage rates on taxes for educational purposes?" 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 effective January 1, 2010. 328 JOURNAL OF THE SENATE Senator Rogers of the 21st offered the following amendment #1: Amend the Senate Finance Committee substitute to SR 796 by striking "any" and inserting in its place "the 2010" on line 1 of page 5. On the adoption of the amendment, there were no objections, and the Rogers amendment #1 was adopted. On the adoption of the substitute as amended, there were no objections, and the committee substitute as amended was adopted. 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: Y Adelman Y Balfour N Brown Y Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the adoption of the resolution, the yeas were 48, nays 7. SR 796, having received the requisite two-thirds constitutional majority, was adopted by substitute. TUESDAY, FEBRUARY 12, 2008 329 The following communication was received by the Secretary: Senator Lee Hawkins District 49 304-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Reapportionment and Redistricting Agriculture and Consumer Affairs Health and Human Services Natural Resources and the Environment State and Local Governmental Operations The State Senate Atlanta, Georgia 30334 February 12, 2008 Mr. Bob Ewing Secretary of the Senate State Capitol Atlanta, GA 30334 Dear Bob: This is to request that you remove my name as second signer of SB 383. Thank you very much for your attention to this matter. Sincerely yours, /s/ Lee Hawkins Serving as doctor of the day was Dr. Antoine Trammell. Senator Williams of the 19th moved that the Senate adjourn until 10:00 a.m. Wednesday, February 13, 2008. The motion prevailed, and the President announced the Senate adjourned at 11:56 a.m. 330 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, February 13, 2008 Seventeenth 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 494. By Representative Parsons of the 42nd: A BILL to be entitled an Act to amend Chapter 10 of Title 43 of the O.C.G.A., relating to cosmetologists, so as to provide definitions of certain terms; to provide for certificates of registration for wax technicians at certain levels; to authorize the State Board of Cosmetology to adopt rules and regulations prescribing certain requirements for schools of waxing; to provide a process to obtain a wax technician certificate of registration; to allow a certificate of registration to be issued to wax technicians from other states under certain circumstances; to provide certain residency requirements for certain applicants; to change certain provisions relating to continuing education; to require that a certificate of completion must be given to attendees at continuing education courses; to require that certain courses be taught by certain schools; to provide requirements for teaching waxing; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 919. By Representatives Hembree of the 67th, Chambers of the 81st, Cox of the 102nd, Carter of the 175th, Burns of the 157th and others: A BILL to be entitled an Act to amend Chapter 27 of Title 50 of the WEDNESDAY, FEBRUARY 13, 2008 331 Official Code of Georgia Annotated, relating to lottery for education, so as to provide for a Georgia Lottery Corporation Board of Directors; to provide for certain duties for the board of directors; to provide for certain duties for the Georgia Lottery Corporations chief executive officer; to provide for a Georgia Lottery Corporation Legislative Oversight Committee; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 930. By Representative Benton of the 31st: A BILL to be entitled an Act to amend Chapter 12 of Title 43 of the Official Code of Georgia Annotated, relating to disabled veterans and blind persons engaging in peddling, operating businesses, or practicing professions, so as to provide that a certificate of eligibility shall be valid for a period of five years; to repeal conflicting laws; and for other purposes. HB 931. By Representatives Benton of the 31st and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 40-2-41.1 of the Official Code of Georgia Annotated, relating to the display of authentic historical Georgia license plates, so as to increase the time period included in the definition of authentic historical Georgia license plates; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1127. By Representative Roberts of the 154th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3611), so as to provide for staggered elections for the chairperson and members of the board; to provide for the submission of this Act to the United States Attorney General; 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 449. By Senators Heath of the 31st, Carter of the 13th, Tolleson of the 20th, Hooks of the 14th, Hill of the 4th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as 332 JOURNAL OF THE SENATE to limit liability of certain landowners who permit persons to hunt on their property or allow persons on such property for agritourism; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. SB 450. By Senator Thomas of the 2nd: A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, so as to increase the penalty for aggravated stalking; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 451. By Senators Balfour of the 9th, Adelman of the 42nd, Williams of the 19th, Reed of the 35th and Rogers of the 21st: A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to the Public Retirement Systems Investment Authority Law, so as to provide a short title; to provide an additional exception from the divestment requirement and the investment prohibition to certain indirect holdings in actively managed investment funds; to require such boards to request that the managers of such investment funds consider removing scrutinized companies from the fund or creating a similar fund that excludes such companies; to require certain reports; to provide for termination of such prohibitions and divestments; to provide for certain notices; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. SB 452. By Senators Mullis of the 53rd, Schaefer of the 50th and Thomas of the 54th: 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 provide that Georgia residents holding valid residential or general contractor licenses issued by other states or territories of the United States shall be entitled to licensure in this state without the necessity of examination; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. WEDNESDAY, FEBRUARY 13, 2008 333 SB 453. By Senators Unterman of the 45th, Butler of the 55th, Tate of the 38th, Seay of the 34th, Davenport of the 44th 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 add the state as an entity authorized to govern certain criminal activity in areas designated for recreation purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 454. By Senators Unterman of the 45th, Shafer of the 48th, Balfour of the 9th, Weber of the 40th, Butler of the 55th and others: A BILL to be entitled an Act to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that any county in which the Sunday sale of alcoholic beverages is authorized may authorize the sale of alcoholic beverages in certain public stadiums, coliseums, and auditoriums; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 455. By Senators Adelman of the 42nd, Smith of the 52nd, Meyer von Bremen of the 12th and Harp of the 29th: 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 an effective date; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. 334 JOURNAL OF THE SENATE SB 456. By Senators Adelman of the 42nd, Smith of the 52nd, Meyer von Bremen of the 12th and Harp of the 29th: 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 457. By Senators Butler of the 55th, Brown of the 26th, Reed of the 35th, Henson of the 41st, Ramsey, Sr. of the 43rd and others: A BILL to be entitled an Act to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to establish the Georgia MethCheck data base for electronically recording the identity of those individuals purchasing certain medications used for the production of methamphetamine, including pseudoephedrine; to provide a statement of purpose; to provide for definitions; to provide for a misdemeanor penalty for noncompliance; 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 458. By Senators Johnson of the 1st, Moody of the 56th, Thomas of the 54th, Williams of the 19th, Rogers of the 21st 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 require local school systems and schools to be accredited; to provide for definitions; to provide that if a school system or school loses or fails to attain accreditation, a student shall be entitled to attend another public school or receive a scholarship to attend a private school; to provide for notice to parents; to provide for the maximum amount of the scholarship; to provide for procedures and requirements for payment of scholarships; to provide for conditions of acceptance of a scholarship; to provide for testing; to provide for rules and regulations; to provide for notice to WEDNESDAY, FEBRUARY 13, 2008 335 parents; 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 459. By Senators Reed of the 35th, Johnson of the 1st, Brown of the 26th and Shafer of the 48th: A BILL to be entitled an Act to amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure, so as to provide that real estate sales made under power of sale contained in mortgages, deeds, or other lien contracts shall be advertised weekly for ten weeks; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. The following House legislation was read the first time and referred to committee: HB 494. By Representative Parsons of the 42nd: A BILL to be entitled an Act to amend Chapter 10 of Title 43 of the O.C.G.A., relating to cosmetologists, so as to provide definitions of certain terms; to provide for certificates of registration for wax technicians at certain levels; to authorize the State Board of Cosmetology to adopt rules and regulations prescribing certain requirements for schools of waxing; to provide a process to obtain a wax technician certificate of registration; to allow a certificate of registration to be issued to wax technicians from other states under certain circumstances; to provide certain residency requirements for certain applicants; to change certain provisions relating to continuing education; to require that a certificate of completion must be given to attendees at continuing education courses; to require that certain courses be taught by certain schools; to provide requirements for teaching waxing; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 919. By Representatives Hembree of the 67th, Chambers of the 81st, Cox of the 102nd, Carter of the 175th, Burns of the 157th and others: A BILL to be entitled an Act to amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to lottery for education, so as to provide for a Georgia Lottery Corporation Board of Directors; to provide for certain duties for the board of directors; to provide for certain duties for the Georgia 336 JOURNAL OF THE SENATE Lottery Corporations chief executive officer; to provide for a Georgia Lottery Corporation Legislative Oversight Committee; 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 930. By Representative Benton of the 31st: A BILL to be entitled an Act to amend Chapter 12 of Title 43 of the Official Code of Georgia Annotated, relating to disabled veterans and blind persons engaging in peddling, operating businesses, or practicing professions, so as to provide that a certificate of eligibility shall be valid for a period of five years; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 931. By Representatives Benton of the 31st and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 40-2-41.1 of the Official Code of Georgia Annotated, relating to the display of authentic historical Georgia license plates, so as to increase the time period included in the definition of authentic historical Georgia license plates; 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 1127. By Representative Roberts of the 154th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3611), so as to provide for staggered elections for the chairperson and members of the board; to provide for the submission of this Act to the United States Attorney General; 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: WEDNESDAY, FEBRUARY 13, 2008 337 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 418 SB 429 Do Pass by substitute Do Pass Respectfully submitted, Senator Bulloch of the 11th District, Chairman 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 358 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: SB 345 Do Pass Respectfully submitted, Senator Weber of the 40th 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 341 SB 402 SB 423 Do Pass Do Pass by substitute Do Pass 338 JOURNAL OF THE SENATE 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 434 SB 435 Do Pass Do Pass Respectfully submitted, Senator Harp of the 29th District, Chairman Mr. President: The Public Safety Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 25 Do Pass by substitute SB 430 Do Pass Respectfully submitted, Senator Murphy of the 27th 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 862 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: WEDNESDAY, FEBRUARY 13, 2008 339 HB 1007 Do Pass SB 324 Do Pass SB 398 Do Pass as amended Respectfully submitted, Senator Wiles of the 37th District, Chairman Mr. President: The Veterans, Military 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: SR 827 Do Pass Respectfully submitted, Senator Douglas of the 17th District, Chairman The following legislation was read the second time: HB 926 SB 181 SB 359 SB 399 SB 405 SB 410 SB 411 SB 417 SB 420 SR 822 SR 859 Senator Bulloch of the 11th was excused for business outside the Senate Chamber. Senator Davenport of the 44th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused. Senator Powell of the 23rd asked unanimous consent that Senator Ramsey of the 43rd be excused. The consent was granted, and Senator Ramsey was excused. Senator Mullis of the 53rd asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused. The roll was called and the following Senators answered to their names: Adelman Brown Butler Carter Chance Chapman Cowsert Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Schaefer Seay Shafer,D Smith Staton Stoner Tarver 340 JOURNAL OF THE SENATE Davenport Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Hawkins Johnson Jones Moody Mullis Murphy Orrock Pearson Powell Reed Rogers Tate Thomas,D Thomas,R Thompson,S Tolleson Unterman Weber Wiles Williams Not answering were Senators: Balfour Ramsey (Excused) Bulloch (Excused) Seabaugh (Excused) Meyer von Bremen Thompson, C. (Excused) The following communication was received by the Secretary: Senator Michael Meyer von Bremen District 12 121-F State Capitol Atlanta, GA 30334 Committees: Special Judiciary Appropriations Ethics Judiciary Natural Resources and the Environment The State Senate Atlanta, Georgia 30334 2-13-08 Dear Mr. Ewing: If possible I request that roll call reflect my presence today. Unfortunately I was not at my desk to indicate my presence at the time of roll call. On my way from my office to the Chamber I was detained by a group of constituents from south Georgia followed by a request to review a committee sub on a bill in Special Judiciary which had just been finalized, so it could be turned in for the readers this morning. Sincerely, /s/ Michael S. Meyer von Bremen The members pledged allegiance to the flag. WEDNESDAY, FEBRUARY 13, 2008 341 Senator Chance of the 16th introduced the chaplain of the day, Dr. George Dillard of Peachtree City, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 862. By Senators Hill of the 32nd, Williams of the 19th, Adelman of the 42nd, Balfour of the 9th, Unterman of the 45th and others: A RESOLUTION expressing cultural, economic, and educational cooperation with the State of Israel; and for other purposes. SR 895. By Senator Meyer von Bremen of the 12th: A RESOLUTION recognizing February 13, 2008, as Metro Albany Day at the state capitol; and for other purposes. SR 896. By Senators Mullis of the 53rd, Stoner of the 6th, Murphy of the 27th, Douglas of the 17th, Rogers of the 21st and others: A RESOLUTION commending the first responders, emergency medical technicians, cardiac technicians, and paramedics of Georgia and recognizing Emergency Medical Services (EMS) Week; and for other purposes. SR 897. By Senators Mullis of the 53rd, Stoner of the 6th, Douglas of the 17th, Rogers of the 21st, Murphy of the 27th and others: A RESOLUTION commending the emergency medical services professionals of Georgia and recognizing Thursday, February 21, 2008, as "Emergency Medical Services Recognition Day"; and for other purposes. SR 898. By Senators Thomas of the 2nd and Johnson of the 1st: A RESOLUTION commending Reverend Allan Bosson on the occasion of his 20th anniversary at Southside Baptist Church; and for other purposes. SR 899. By Senator Thomas of the 2nd: A RESOLUTION commending the Savannah Arts Academys Silver Winds Ensemble; and for other purposes. SR 900. By Senator Adelman of the 42nd: A RESOLUTION recognizing and commending Georgia Master Teacher, 342 JOURNAL OF THE SENATE Susan Brooks; and for other purposes. SR 901. By Senators Mullis of the 53rd, Thomas of the 54th and Smith of the 52nd: A RESOLUTION congratulating Interface, Inc.; and for other purposes. SR 902. By Senators Mullis of the 53rd, Thomas of the 54th, Schaefer of the 50th, Pearson of the 51st and Heath of the 31st: A RESOLUTION recognizing and commending the board of directors, employees, retirees, and supporters of the Tennessee Valley Authority (TVA) upon its 75th anniversary; and for other purposes. SR 903. By Senators Hill of the 32nd, Moody of the 56th, Hill of the 4th, Thomas of the 2nd, Johnson of the 1st and others: A RESOLUTION expressing cultural, economic, and educational cooperation with the Republic of Austria; and for other purposes. SR 904. By Senators Golden of the 8th and Carter of the 13th: A RESOLUTION recognizing and commending Ronald M. Zaccari upon the occasion of his retirement from Valdosta State University; and for other purposes. SR 905. By Senator Golden of the 8th: A RESOLUTION designating the Azalea International Folk Fair and Dance Competition as Georgias Official International Festival; and for other purposes. SR 906. By Senator Golden of the 8th: A RESOLUTION recognizing and commending Sam Allen upon the occasion of his retirement from Valdosta City Schools; and for other purposes. SR 907. By Senator Hooks of the 14th: A RESOLUTION expressing regret at the passing of Mr. Joshua Willis; and for other purposes. WEDNESDAY, FEBRUARY 13, 2008 343 Senators Harbison of the 15th and Harp of the 29th recognized the G.W. Carver High School football team on winning the 2007 Class AAA State Championship, commended by SR 791, adopted previously. Senator Goggans of the 7th recognized February 13, 2008 as "Community Health Centers Day", designated by SR 751, adopted previously. Ola Smith addressed the Senate briefly. Senator Grant of the 25th recognized Laura Brett Harshbarger, commended by SR 843 adopted previously, on winning the 2008 Georgia Junior Miss Competition. 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 13, 2008 Seventeenth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 324 Thompson of the 5th Balfour of the 9th Weber of the 40th Henson of the 41st Unterman of the 45th Shafer of the 48th Butler of the 55th GWINNETT COUNTY A BILL to be entitled an Act to authorize Gwinnett County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. SB 398 Thompson of the 33rd CITY OF POWDER SPRINGS A BILL to be entitled an Act to amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 344 JOURNAL OF THE SENATE 1970, p. 2760), as amended, particularly by, but not exclusively by, an Act approved March 19, 1987 (Ga. L. 1987, p. 4043), so as to provide for the mayors or city councilmembers terms and qualifications for office; to provide for applicability of general law; to provide for election of the city council and mayor; to provide for nonpartisan elections; to provide for election by majority; to provide for special elections; to provide for vacancies; to provide for other provisions; to provide for removal of officers; to repeal conflicting laws; and for other purposes.(AMENDMENT) HB 1007 Balfour of the 9th Unterman of the 45th CITY OF LAWRENCEVILLE A BILL to be entitled an Act to authorize the City of Lawrenceville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution, as amended, 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 amendment to the following bill was put upon its adoption: *SB 398: The State and Local Governmental Operations Committee offered the following amendment: Amend SB 398 by striking all matter after "large." on line 19 on page 2 through line 23 on page 3 and inserting in its place the following: The wards shall be composed of that territory described in the official map or official description including such alterations as authorized by law on file in the office of the city clerk. On the adoption of the amendment, the yeas were 51, nays 0, and the committee amendment was adopted. The report of the committee, which was favorable to the passage of the bills as reported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: WEDNESDAY, FEBRUARY 13, 2008 345 Y Adelman Y Balfour Y Brown E Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the local bills, the yeas were 51, nays 0. The bills on the Local Consent Calendar, except SB 398, having received the requisite constitutional majority, were passed. SB 398, having received the requisite constitutional majority, was passed as amended. Senator Johnson of the 1st introduced Dr. Wade Fletcher and Senator Staton of the 18th introduced Dr. Antoine Trammell as the doctors of the day. SB 382 SB 393 SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 13, 2008 SEVENTEENTH LEGISLATIVE DAY Game/Fish; license, permit, tag and stamp fees; change certain provisions (NR&E-31st) Pawnbrokers; restrict local governments' power; payment of any fee for transactions/hours of operation (Substitute)(B&FI-16th) Respectfully submitted, 346 JOURNAL OF THE SENATE /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 382. By Senators Heath of the 31st and Tolleson of the 20th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing, so as to change certain provisions relating to game and fish license, permit, tag, and stamp fees; 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: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. SB 382, having received the requisite constitutional majority, was passed. Senator Eric Johnson, President Pro Tempore, assumed the Chair. WEDNESDAY, FEBRUARY 13, 2008 347 SB 393. By Senators Chance of the 16th, Thompson of the 33rd, Tarver of the 22nd and Staton of the 18th: A BILL to be entitled an Act to amend Code Sections 44-12-135 and 44-12136 of the Official Code of Georgia Annotated, relating to the effect of pawnbroker general laws on local laws and the supervision of pawnbrokers by municipalities, respectively, so as to restrict local governments power to require the payment of any fee for pawnbroker transactions or restrict the hours of operation of pawnbrokers; to provide for related matters; 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 393: A BILL TO BE ENTITLED AN ACT To amend Code Sections 44-12-135 and 44-12-136 of the Official Code of Georgia Annotated, relating to the effect of pawnbroker general laws on local laws and the supervision of pawnbrokers by municipalities, respectively, so as to restrict local governments power to require the payment of any fee for specific pawnbroker transactions; 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. Code Section 44-12-135 of the Official Code of Georgia Annotated, relating to the effect of pawnbroker general laws on local laws, is revised as follows: "44-12-135. Nothing in this part shall supersede existing local laws nor relieve a pawnbroker from the necessity of complying with them. The requirements of local laws shall be construed as cumulative to this part. However, no municipality, county, or local government may enact local laws or ordinances that require the payment of any fee or tax related to a specific pawn transaction or purchase. This provision shall not apply to occupation license fees or occupation taxes." SECTION 2. Code Section 44-12-136 of the Official Code of Georgia Annotated, relating to the supervision of pawnbrokers by municipalities, is revised as follows: "44-12-136. Municipal authorities may license pawnbrokers, define their powers and privileges by ordinance, impose taxes upon them, revoke their licenses, and exercise such general 348 JOURNAL OF THE SENATE supervision as will ensure fair dealing between the pawnbroker and his or her customers, except as expressly prohibited in this part." 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, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D N Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 51, nays 3. SB 393, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: WEDNESDAY, FEBRUARY 13, 2008 349 OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor February 13, 2008 Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Secretary Ewing: As President of the Georgia State Senate, I hereby appoint the following senators as exofficio members of the Senate Committee on Education and Youth: Senator Bill Jackson Senator Tommie Williams These appointments are effective beginning on February 13, 2008 and lasting for the duration of the current Senate session. Please contact Russel Carlson in my office for further information. Sincerely, /s/ Casey Cagle Lt. Governor of Georgia Senator Williams of the 19th moved that upon the dissolution of the Joint Session the Senate stand adjourned until 9:00 a.m. Thursday, February 14, 2008. Senator Eric Johnson, President Pro Tempore, announced the motion prevailed at 10:59 a.m. The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing a message by Honorable Leah Ward Sears, Chief Justice of the Supreme Court, was called to order by the Lieutenant Governor. HR 1020 authorizing the Joint Session of the Senate and House was read by the Clerk of the House. 350 JOURNAL OF THE SENATE Honorable Leah Ward Sears, Chief Justice of the Supreme Court, addressed the Joint Session of the Senate and the House of Representatives as follows: Speaker Richardson, Lieutenant Governor Cagle, President Pro Tem Johnson, Speaker Pro Tem Burkhalter, and other members of the General Assembly. My fellow judges, ladies and gentlemen. I owe special thanks to my friends and colleagues -- I am very happy to call them both: Presiding Justice Carol Hunstein, former Chief Justice Robert Benham, and Justices George Carley, Hugh Thompson, Harris Hines and Harold Melton, as well as the judges of the Court of Appeals, now being led by my friend, Judge Anne Barnes. We are privileged to have with us today more than 100 judges from around the state, including all of the members of the Judicial Council. On behalf of all of these judges, I want to express our most sincere appreciation for the very difficult work that you as lawmakers do. We know how hard you work. Like those of us in the judicial branch, you have dedicated your lives and made many sacrifices for the people of Georgia with full recognition that every human being in Georgia is entitled to your careful consideration. So you have our deepest admiration. We are grateful to you, as well as Governor Perdue, for everything you do to make the judicial branch function so well. I also want to take a moment to recognize my children, Addison and Brennan, who inspire me with their dreams, as well as my mother, Onnye Jean Sears, who has always believed that my dreams were possible. And, of course, my kind and loving husband, Haskell Ward, my very best friend. My hero. I am honored to come before this distinguished body as your Chief Justice to report to you that Georgia's justice system is sound, solid, and strong. Georgia's justice system, and Georgia's judges, are revered by people around the world. And that's why I invited them all to be here today. I wanted to pay tribute to this state's more than 1500 judges and give you an idea of the incredible work that they do. Ladies and gentlemen, the most highly qualified judges preside over Georgia's courtrooms. Our judges are impartial and unbiased. They are free of fear or favor. Our judges -- your judges -- are committed to rendering decisions in accordance with the laws that you pass. In all these things, we are fortunate indeed. And the reason: the fine men and women who are our judges. Today, somewhere in Georgia, a new young judge is putting on his robe for the first time. He is about to preside over his very first trial. This is a moment of great pride for him. A WEDNESDAY, FEBRUARY 13, 2008 351 few weeks ago, when Governor Perdue announced his appointment, he received letters and telephone calls from friends, family, and colleagues. Everyone wanted to congratulate him and to wish him well. But today, as he climbs the steps leading to the bench, he feels overwhelmed. He worries that his years of education and experience as a lawyer may not be enough, because he is being called to pass judgment on others, and that is the hardest thing he has ever had to do. He is determined not to make any mistakes. But he will fall short of his goal. It's not that deciding the fate of others is inherently difficult. Every day, people make decisions that affect others -- decisions based on their own views and biases and that take no account of legal principles or the true condition of those whose fate is decided. But such decisions have nothing to do with judging. Passing judgment on others in a court of law is different. Judging requires years of training and education. It's not what you see on TV in "Judge Judy's" courtroom or on "The People's Court." Judging requires knowledge of, and respect for, legal principles and the laws that you have written. But the judge often finds that the law is not always entirely clear. And "truth" is often an elusive concept. Some cases over which we preside are magnets for the press and public. In extreme cases, a judge may be vilified or even threatened. Trial judges often become discouraged at seeing people day after day at their most unattractive and unreasonable. They often have to struggle to overcome feelings of distaste for people revealed as cheats, liars and murderers. Appellate work, on the other hand, brings a different challenge. You see, we on the Supreme Court and the Court of Appeals like each other very much. But we often don't see eye to eye. That's the nature of the job. Egos can be bruised and tempers tested. Yet our job requires that we pursue the process of deciding cases as a group with civility and respect every day of every year. As you know, this isn't easy. But it is what we must do. All judges, whether trial or appellate, also at some point must decide issues on which they have strong personal feelings and opinions. But in judging, there is no place for one's personal views, because judging requires that we look at every issue anew in light of the evidence and the law. In doing so, we must be impeccably impartial and favor no man or cause. It is this objectivity that gives the judicial branch its legitimacy. We may have to run for election, but we can never be politicians. In the end, a judge can know no master other than the law. Judging today is, I believe, far more complex than when I first became a judge in 1980. There was a time when the only job of a judge was to resolve disputes. The whole common law is predicated on this notion. Two parties found themselves in a disagreement. They could not resolve it. So they went to a judge who applied the law to the facts of the case. And that was that. 352 JOURNAL OF THE SENATE But our society has changed. It's no longer that simple. Increased population alone has brought new pressures. As recently as 2006, more than 400,000 civil and criminal cases were filed in Georgia's superior courts. With rising caseloads, judges have had to learn to work more efficiently. And they must be technologically proficient. They must be experts in a wide array of subjects. Today, trial judges must be well versed in everything from the forensic science of DNA evidence to the complexities of medical malpractice law. They need to know everything from the fine points of last wills and testaments to when to terminate the right of a drug-abusing mother to parent her newborn child. Judges must also know some psychology, some sociology, and some economics. And, as our state becomes ever more culturally diverse, the judge is the one person in the courtroom who must be able to hear and understand every voice. And while all judges must have first-rate training and an education that is becoming with each year more expensive to obtain, the best judges also have superior intellect that is rooted in the core American values of justice, equality, freedom and family. I am proud that some of our judges' best work is in trying to keep our children safe and our families whole. When I became a superior court judge, family fragmentation was not nearly as bad as it is today; methamphetamine was not the scourge it has become; domestic violence was well hidden; and mental illness was not even on our radar screens. But today our judges are on the front lines in cases involving family crises, drug abuse and thorny foster care issues where the very lives of our children are at stake. Let me introduce you to a judge in our audience who has worked especially hard to preserve one family. No judge wants to split a family apart. But at first, that's what Juvenile Court Judge Peggy Walker of Douglas County had to do. Tiffany McGivney gave birth to two beautiful sons before she became addicted to meth. Four years ago, she disappeared from her little boys' lives. Judge Walker at first had no choice but to put them in foster care. But in time, she awarded custody of the children to Diane Scates, Tiffany's mother, the children's grandmother. A little more than a year ago, Tiffany got off drugs, turned her life around, and came back to Georgia so she could take responsibility for her children and be a part of their lives. Today she and her mother live next door to each other. And last month, after long and intensive court involvement, and after Judge Walker had satisfied herself that Tiffany was clean and being a responsible parent, the judge awarded joint custody of the boys -- now 4 and 6 years old -- to both Tiffany and her mother. This was to the joy of everyone, especially the children. Judge Walker, Tiffany and Ms. Scates, would you please stand so we can thank all of you for your devotion to the wellbeing of these young Georgians. Accomplishments such as this are due in large part to the judges who sit behind you WEDNESDAY, FEBRUARY 13, 2008 353 today. They embody the qualifications, commitment and concern necessary to be good judges. Their success can be measured in individual lives saved. I am proud that the Supreme Court's Committee on Justice for Children, chaired by Justice Harris Hines, is working hard to make sure that more children in foster care find safe, loving and permanent homes. Today there are nearly 13,000 children in foster care in Georgia. National statistics tell us that when these young people age out of the system at 18 years old, one in four will be in jail within two years, one in five will become homeless, and less than 3% will graduate from college. Judges are working hard to change these terrible statistics. Under the leadership of Senior Judge James Morris from Cobb County, for example, as well as the judges of the Court of Appeals, the Justice for Children Committee is working to expedite the appeals process of those cases where children need to be permanently separated from parents who can't measure up. That way it will take less time to get children into the stable homes they need and they deserve. Because I know that each of you also cares about Georgia's children and families, I will also tell you this: Thousands of children in this state are suffering because marriage, our society's most pro-child institution, is getting weaker. As I told you last year, and the year before, nearly four of every ten babies in America today are born outside of marriage. Never before in our nation's history have so many children grown up separated from their fathers. This family dysfunction and its consequences are not only causing our court dockets to be clogged, but they are also costing this state millions of taxpayer dollars. The good news is that not everyone is giving up in despair. In the audience today is Randy Hicks, president of the Georgia Family Council. His organization plans to release a study this spring that estimates that the cost to Georgia's taxpayers of divorce and unwed childbearing is one billion dollars a year. One billion dollars a year. When the report is published, I urge each of you to take a look at it. Randy, would you stand up and be recognized for the important work your organization is doing. Our judges have aggressively responded to the growing number of other problems that wind up in our courtrooms. They have created drug treatment courts; they've scrounged for grants to run family courts; they've set up mental health courts and DUI courts. All are now a part of the judiciary's effort to save money while keeping people from returning to the criminal justice system. These courts work. They do not coddle criminals. They save money, and they save lives. Our judges your judges, my judges -- are the leaders behind the creation of these courts. They are making a difference. As you all know, the state's judiciary is the third branch of Georgia's government. Yet, during my tenure as Chief Justice, we have continued to represent only 1 percent of the state's budget. At the same time, I must point out that the judicial system contributes a great deal of revenue to the state. In fiscal year 2007, our courts collected more than $433 354 JOURNAL OF THE SENATE million in fines, fees and surcharges, some of which will go to our cities and counties. Eighty-seven million dollars will go into the general fund to meet the needs of everyone in this state. Let me close by saying this: Georgia's judges are more than arbiters of justice. They are also sons and daughters, husbands and wives, parents and friends. They coach Little League baseball teams, and cook dinner when they get home at night. Like you, they stand in the security line at the airport. They are the best and the brightest. And they deserve our support. Other than four cost of living increases, Georgia's judges have not received a state pay raise since 1999 -- nearly a decade ago. And when you adjust for inflation, the purchasing power of the state Supreme Court justices is 17 percent less than it was in 1999. What I'm trying to say is this: Our judges deserve a little justice too. They have devoted their professional lives to producing timely and high-quality work and ensuring that all of our citizens have the justice they deserve. So I ask you to remember them when the judicial pay raise bill comes before you this year. Thank you for all that you do, for your friendship and for your many kindnesses to me. God bless you, God bless our state, and God bless America. Senator Smith of the 52nd moved that the Joint Session be hereby dissolved. The motion prevailed, and the Lieutenant Governor announced the Joint Session dissolved. Pursuant to the provisions of a previously adopted motion, the Senate adjourned until 9:00 a.m. Thursday, February 14, 2008. THURSDAY, FEBRUARY 14, 2008 355 Senate Chamber, Atlanta, Georgia Thursday, February 14, 2008 Eighteenth 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 579. By Representative Scott of the 153rd: A BILL to be entitled an Act to amend Part 2 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens by landlords, so as to provide for certain definitions; to provide for the assessment of certain storage charges on certain manufactured or mobile homes by real property owners; to provide for the establishment of a lien on manufactured or mobile homes for certain storage costs; to provide for certain notices; to provide for remedies; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 953. By Representatives Hill of the 180th, Stephens of the 164th, Lane of the 167th, Williams of the 165th and Keen of the 179th: A BILL to be entitled an Act to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to state government commissions and other agencies, so as to provide for the establishment of the War of 1812 Bicentennial Commission; to provide a short title; to provide for the membership of the commission and the powers and duties of the commission; to provide for expenses subject to available funds; to provide for matters relating to commemorating the historic events that 356 JOURNAL OF THE SENATE 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 1041. By Representatives Cooper of the 41st, Wilkinson of the 52nd, Rynders of the 152nd, Willard of the 49th, Maddox of the 172nd and others: A BILL to be entitled an Act 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 eliminate obsolete language relating to graduate nurses; to require fingerprint record checks for applicants for licensure as a registered professional nurse; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1088. By Representatives Parrish of the 156th, Stephens of the 164th, Williams of the 4th, Smith of the 129th, Channell of the 116th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to provide for the designation of "agricultural tourist attractions"; to provide legislative findings; to provide for definitions; to provide that the Department of Economic Development in conjunction with the Department of Transportation post directional signs for agricultural tourist attractions; to provide for rules and regulations; to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to provide for directional signs for agricultural tourist attractions; 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 460. By Senators Heath of the 31st, Stoner of the 6th, Tate of the 38th, Schaefer of the 50th and Smith of the 52nd: 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 provide that no creditable service shall be granted for months in which dues payments are in arrears; to provide that a certain percentage of THURSDAY, FEBRUARY 14, 2008 357 fines and forfeitures shall be due on the first day of each month; to provide a penalty for late payment; to provide that a certain amount collected in certain civil actions and for the recording of certain real estate instruments shall be due on the first day of the month; to provide conditions under which such benefit may be granted; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. SB 461. By Senators Rogers of the 21st and Hill of the 32nd: A BILL to be entitled an Act to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, so as to provide schools with certain guidelines regarding bullying; to require schools to submit to the Department of Education a policy regarding bullying; to direct the Department of Education to develop a model policy regarding bullying; to provide immunity for certain individuals reporting a bullying incident; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 462. By Senator Schaefer of the 50th: A BILL to be entitled an Act to provide for an advisory referendum election to be held in Banks County for the purpose of ascertaining whether the form of government in Banks County should be changed from a three member commission to a five member commission and, if so, how such commission should be elected; to provide for procedures, requirements, and other matters relative thereto; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 463. By Senators Pearson of the 51st, Tolleson of the 20th, Murphy of the 27th, Schaefer of the 50th and Rogers of the 21st: 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 change certain provisions relating to adoption and continuation of state minimum standard codes and enforcement thereof; to provide for enforcement of a gray water recycling systems appendix to the state minimum standard plumbing code; to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, 358 JOURNAL OF THE SENATE so as to provide certain conditions for use of residential gray water systems; to amend Code Section 43-14-2, relating to definitions relative to licensing of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of plumbing; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 464. By Senators Staton of the 18th, Chapman of the 3rd, Douglas of the 17th, Rogers of the 21st, Carter of the 13th and others: 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 provide that the fact that a business organization has operated continuously with a regular office and place of business but under different corporate names over the immediately preceding five-year period shall be sufficient to meet the five-year business operation requirement for the licensure of a qualifying agent of a business organization without examination; to extend the date for receiving of applications for licensure without examination; 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 465. By Senators Jones of the 10th, Adelman of the 42nd, Reed of the 35th, Seay of the 34th, Brown of the 26th and others: A BILL to be entitled an Act to amend Code Section 44-14-162.2 of the Official Code of Georgia Annotated, relating to sales made under the power of sale, mailing or delivery of notice to debtor, and procedure, so as to change the requirement for sending such notice; to provide for applicability; to provide for repeal; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. SB 466. By Senators Bulloch of the 11th, Shafer of the 48th, Tolleson of the 20th, Chance of the 16th and Cowsert of the 46th: 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 exempt THURSDAY, FEBRUARY 14, 2008 359 permanent facility car washes from outdoor watering restrictions under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 467. By Senator Hooks of the 14th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Upson County, approved February 1, 1877 (Ga. L. 1877, p. 3729), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4388), so as to provide for matters under the exclusive jurisdiction and control of the board of commissioners; to provide for the appointment of a county manager and county clerk; to provide for the duties and compensation for a county manager and county clerk; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 468. By Senators Williams of the 19th, Thompson of the 33rd, Johnson of the 1st, Brown of the 26th, Balfour of the 9th and others: A BILL to be entitled an Act to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates, underwriting rules, and related organizations, so as to require that all insurers authorized to do business in this state shall publish certain information on an annual basis; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SR 919. By Senators Mullis of the 53rd, Carter of the 13th, Chance of the 16th, Thomas of the 54th and Hamrick of the 30th: A RESOLUTION expressing dismay at the actions of certain political commentators who engage in attacks on certain candidates; and for other purposes. Referred to the Rules Committee. The following House legislation was read the first time and referred to committee: 360 JOURNAL OF THE SENATE HB 579. By Representative Scott of the 153rd: A BILL to be entitled an Act to amend Part 2 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens by landlords, so as to provide for certain definitions; to provide for the assessment of certain storage charges on certain manufactured or mobile homes by real property owners; to provide for the establishment of a lien on manufactured or mobile homes for certain storage costs; to provide for certain notices; to provide for remedies; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. HB 953. By Representatives Hill of the 180th, Stephens of the 164th, Lane of the 167th, Williams of the 165th and Keen of the 179th: A BILL to be entitled an Act to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to state government commissions and other agencies, so as to provide for the establishment of the War of 1812 Bicentennial Commission; to provide a short title; to provide for the membership of the commission and the powers and duties of the commission; to provide for expenses subject to available funds; 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 Economic Development Committee. HB 1041. By Representatives Cooper of the 41st, Wilkinson of the 52nd, Rynders of the 152nd, Willard of the 49th, Maddox of the 172nd and others: A BILL to be entitled an Act 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 eliminate obsolete language relating to graduate nurses; to require fingerprint record checks for applicants for licensure as a registered professional nurse; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. THURSDAY, FEBRUARY 14, 2008 361 HB 1088. By Representatives Parrish of the 156th, Stephens of the 164th, Williams of the 4th, Smith of the 129th, Channell of the 116th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to provide for the designation of "agricultural tourist attractions"; to provide legislative findings; to provide for definitions; to provide that the Department of Economic Development in conjunction with the Department of Transportation post directional signs for agricultural tourist attractions; to provide for rules and regulations; to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to provide for directional signs for agricultural tourist attractions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. The following committee reports were read by the Secretary: Mr. President: The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 140 Do Pass Respectfully submitted, Senator Hudgens of the 47th 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 400 Do Pass SB 443 Do Pass by substitute Respectfully submitted, Senator Tolleson of the 20th District, Chairman 362 JOURNAL OF THE SENATE 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 408 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 374 Do Pass by substitute Respectfully submitted, Senator Meyer von Bremen of the 12th District, Chairman Mr. President: The Transportation Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 444 Do Pass SR 845 Do Pass by substitute Respectfully submitted, Senator Mullis of the 53rd District, Chairman The following legislation was read the second time: SB 341 SB 345 SB 358 SB 402 SB 418 SB 423 SB 429 SB 430 SB 434 SB 435 SR 827 The following Senators were excused for business outside the Senate Chamber: Douglas of the 17th Thompson of the 33rd Hill of the 32nd Orrock of the 36th THURSDAY, FEBRUARY 14, 2008 363 Senator Seabaugh of the 28th asked unanimous consent that Senator Shafer of the 48th be excused. The consent was granted, and Senator Shafer was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Bulloch Butler Carter Chance Chapman Cowsert Davenport Fort Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Jack Hooks Hudgens Jackson Johnson Jones Me V Bremen Moody Mullis Murphy Pearson Powell Reed Rogers Schaefer Seabaugh Seay Smith Staton Stoner Tarver Tate Thomas,D Thomas,R Thompson,C Tolleson Unterman Wiles Williams Not answering were Senators: Douglas (Excused) Ramsey Weber Hill, Judson (Excused) Shafer (Excused) Orrock (Excused) Thompson, S. (Excused) The members pledged allegiance to the flag. Senator Powell of the 23rd introduced the chaplain of the day, Pastor Kenneth Clay of Augusta, Georgia, who offered scripture reading and prayer. Senator Henson of the 41st introduced the doctor of the day, Dr. Rajeev Mathavan. The following resolutions were read and adopted: SR 908. By Senators Heath of the 31st, Hill of the 32nd, Pearson of the 51st and Mullis of the 53rd: A RESOLUTION recognizing and commending Mrs. Jane Li; and for other purposes. 364 JOURNAL OF THE SENATE SR 909. By Senator Douglas of the 17th: A RESOLUTION recognizing February 20, 2008, as "Epilepsy Awareness Day"; and for other purposes. SR 910. By Senators Rogers of the 21st and Murphy of the 27th: A RESOLUTION commending Lynn Oglesby; and for other purposes. SR 911. By Senators Rogers of the 21st and Murphy of the 27th: A RESOLUTION commending the Cherokee County Marshal's Office; and for other purposes. SR 912. By Senators Rogers of the 21st and Murphy of the 27th: A RESOLUTION commending Wade Buchanan; and for other purposes. SR 913. By Senator Goggans of the 7th: A RESOLUTION recognizing and commending Echols County, Georgia, on its 150th year of existence; and for other purposes. SR 914. By Senator Williams of the 19th: A RESOLUTION commending and congratulating Dr. Charles Webb on the occasion of his retirement; and for other purposes. SR 915. By Senators Bulloch of the 11th, Tolleson of the 20th, Thomas of the 54th, Williams of the 19th, Hooks of the 14th and others: A RESOLUTION recognizing the bicentennial birthday of Jefferson Finis Davis and declaring 2008 as the "Year of Davis"; and for other purposes. SR 916. By Senators Bulloch of the 11th, Tolleson of the 20th, Thomas of the 54th, Williams of the 19th, Hooks of the 14th and others: A RESOLUTION commending the Georgia peanut industry and recognizing Wednesday, March 5, 2008, as Peanut Butter and Jelly Day at the Capitol; and for other purposes. THURSDAY, FEBRUARY 14, 2008 365 SR 917. By Senator Hill of the 32nd: A RESOLUTION expressing regret at the passing of Kristin Wade; and for other purposes. SR 918. By Senators Tate of the 38th, Butler of the 55th, Brown of the 26th, Thomas of the 2nd, Harbison of the 15th and others: A RESOLUTION recognizing Alpha Kappa Alpha Day at the capitol on February 18, 2008, and commending them on their 100th anniversary; and for other purposes. SR 920. By Senator Harbison of the 15th: A RESOLUTION commending and congratulating Dr. Harold Jarrell; and for other purposes. SR 921. By Senator Harbison of the 15th: A RESOLUTION commending and congratulating Dr. Floyd Jarrell; and for other purposes. Senator Unterman of the 45th recognized the Buford High School Lady Wolves softball team on winning the 2007 Class AA State Championship, commended by SR 852, adopted previously. Head Coach Tony Wolfe addressed the Senate briefly. Senator Carter of the 13th recognized Abraham Baldwin Agricultural College's 100th anniversary, commended by SR 853, adopted previously. The Honorable George T. Smith and Dr. David Bridges, President, addressed the Senate briefly. The following Senators were excused for business outside the Senate Chamber: Tate of the 38th Thomas of the 2nd Weber of the 40th SENATE RULES CALENDAR THURSDAY, FEBRUARY 14, 2008 EIGHTEENTH LEGISLATIVE DAY SB 359 Made in Georgia; create program; promoting goods/product manufactured in Ga.; provide for rules/regulations (ECD-8th) SB 372 Local Government; provide for the establishment of ethics panels (Substitute)(ETHICS-35th) 366 JOURNAL OF THE SENATE SB 399 Tire Disposal Restrictions; fees imposed upon retail sale of new replacement tires collected; extend the period (NR&E-20th) SB 405 Georgia Revised Uniform Anatomical Gift Act; enactment; definitions; provide for anatomical gift (Substitute)(JUDY-9th) SB 417 Transportation Commissioner; required to develop/publish benchmarks; issue reports on the progress of construction projects (TRANS-53rd) SB 420 Soil Erosion/Sedimentation; Dept. of Transportation/its contractors; exempt from civil penalties levied for violations (Substitute)(TRANS-51st) SR 819 Senate Comprehensive Firearms Law Study Committee; create (JUDY-28th) SR 859 Ad Valorem Taxes; repeal the levy of state ad valorem taxes except in the case of an emergency CA (FIN-21st) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 359. By Senators Golden of the 8th, Pearson of the 51st, Stoner of the 6th, Mullis of the 53rd, Thomas of the 54th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to provide legislative findings; to create a "Made in Georgia" program; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 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 Heath Y Henson Y Hill,Jack E Hill,Judson Y Schaefer Y Seabaugh Y Seay Y Shafer,D THURSDAY, FEBRUARY 14, 2008 367 Y Butler Carter Y Chance Y Chapman Y Cowsert Davenport Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Harp Y Hawkins Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy E Orrock Pearson Y Powell Ramsey Y Reed Y Rogers Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas,D E Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Williams On the passage of the bill, the yeas were 42, nays 0. SB 359, 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: Economic Development Transportation Administrative Affairs Appropriations Rules Insurance and Labor Assignments The State Senate Atlanta, Georgia 30334 2/14/08 Vote on SB 359 - 10:11 a.m. I pushed green (Yea) button on desk for SB 359 and the vote was not recorded. /s/ Chip Pearson District 51 368 JOURNAL OF THE SENATE SB 372. By Senators Reed of the 35th, Unterman of the 45th, Johnson of the 1st, Shafer of the 48th and Hooks of the 14th: 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 establishment of ethics panels by elected local governing bodies of counties and municipalities and local school systems; to provide for establishment by ordinance or resolution; to provide for minimum jurisdiction, standards, and procedures; to provide for compulsory process; to provide for practice and procedure and appeals; to provide for reporting of compliance and withholding of state funds for noncompliance; to provide for civil remedies and penalties to be imposed by the State Ethics Commission in the case of nonperformance of duties by a local ethics commission; to provide for other related matters; to repeal conflicting laws; and for other purposes. The Senate Ethics Committee offered the following substitute to SB 372: A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 21, Title 28, and Title 36 of the Official Code of Georgia Annotated, relating to ethics in government, the General Assembly, and local government, respectively, so as to provide for ethical reforms; to provide for lobbyist training; to eliminate the requirement that candidates for the General Assembly file copies of their campaign disclosure reports with the election superintendent of the county of such candidates residence in addition to the State Ethics Commission; to change a definition; to provide for expanded lobbyist disclosure; to change certain provisions relating to lobbyist disclosure reports; to require lobbyist training; to change certain provisions relating to the salary and allowances of the General Assembly members; to provide for the establishment of ethics panels by elected local governing bodies of counties and municipalities and local school systems; to provide for establishment of ethics panels by ordinance or resolution; to provide for minimum jurisdiction, standards, and procedures; to provide for compulsory process; to provide for practice and procedure and appeals; to provide for sovereign immunity; to provide for reporting of compliance and withholding of state funds for noncompliance; to provide for civil remedies and penalties to be imposed by the State Ethics Commission in the case of nonperformance of duties by a local ethics 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 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in THURSDAY, FEBRUARY 14, 2008 369 government, is amended by revising subsection (b) of Code Section 21-5-6, relating to the powers and duties of the State Ethics Commission, by striking "and" at the end of paragraph (21), replacing the period at the end of paragraph (22) with "; and", and adding a new paragraph to read as follows: "(23) To provide and conduct, at least semiannually, training on the duties and responsibilities of lobbyists and the mechanics of filing and registration and to approve curriculum for other organizations or entities to provide such training." SECTION 2. Said chapter is further amended by revising subparagraph (a)(1)(A) of Code Section 215-34, relating to disclosure reports, as follows: "(a)(1)(A) The candidate or the chairperson or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office except county and municipal offices or the General Assembly and the chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment, state-wide proposed question, or state-wide referendum shall sign and file with the commission the required campaign contribution disclosure reports. A candidate for membership in the General Assembly or the chairperson or treasurer of such candidates campaign committee shall file such candidates reports with the commission and a copy of such report with the election superintendent of the county of such candidates residence." SECTION 3. Said chapter is further amended by revising paragraph (5) of Code Section 21-5-70, relating to the definitions for public officials conduct and lobbyist disclosure, as follows: "(5) 'Lobbyist' means: (A) Any natural person who, for compensation, either individually or as an employee of another person, undertakes to promote or oppose promotes or opposes the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor; (B) Any natural person who makes a total expenditure of more than $250.00 in a calendar year, not including the persons own travel, food, lodging expenses, or informational material to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor; (C) Any natural person who as an employee of the executive branch or judicial branch of state government engages in any activity covered under subparagraph (A) of this paragraph; (D) Any natural person who, for compensation, either individually or as an employee of another person, undertakes to promote or oppose promotes or opposes the passage of any ordinance or resolution by a public officer specified under 370 JOURNAL OF THE SENATE subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (E) Any natural person who makes a total expenditure of more than $250.00 in a calendar year, not including the persons own travel, food, lodging expenses, or informational material to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (F) Any natural person who as an employee of the executive branch or judicial branch of local government engages in any activity covered under subparagraph (D) of this paragraph; (G) Any natural person who, for compensation, either individually or as an employee of another person is hired specifically to undertake influencing to influence a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency but does not include any employee of the vender solely on the basis that such employee participates in soliciting a bid or in preparing a written bid, written proposal, or other document relating to a potential sale to a state agency; or (H) Any natural person who, for compensation, either individually or as an employee of another person, is hired specifically to undertake to promote or oppose the passage of any rule or regulation of any state agency; or (I) Any natural person who, for compensation, either individually or as an employee of another person, is hired by a person or entity other than a public officer or state agency to influence such public officer or state agency; provided, however, that such person shall not include an attorney hired to represent a party in an administrative proceeding." SECTION 4. Said chapter is further amended by revising subsections (b) and (c) of Code Section 21-571, relating to lobbyist registration requirements, the application for registration, supplemental registration, fees, identification cards, and exemptions, as follows: "(b) Each lobbyist shall file an application for registration with the commission. The application shall be verified by the applicant and shall contain: (1) The applicants name, address, and telephone number; (2) The name, address, and telephone number of the person or agency that employs, appoints, or authorizes the applicant to lobby on its behalf; (3) A statement of the general business or purpose of each person, firm, corporation, association, or agency the applicant represents; (4) If the applicant represents a membership group other than an agency or corporation, the general purpose and approximate number of members of the organization; (5) A statement signed by the person or agency employing, appointing, or authorizing THURSDAY, FEBRUARY 14, 2008 371 the applicant to lobby on its behalf; (6) If the applicant is a lobbyist within the meaning of subparagraph (G), or (H), or (I) of paragraph (5) of Code Section 21-5-70, the name of the state agency or agencies before which the applicant engages in lobbying; and (7) A statement disclosing each individual or entity on whose behalf the applicant is registering if such individual or entity has agreed to pay him or her an amount exceeding $10,000.00 in a calendar year for lobbying activities; and (8) A statement verifying that the applicant has completed, within the past 12 months, the training course described in paragraph (23) of subsection (b) of Code Section 215-6. (c) The lobbyist shall, within seven days of any substantial or material change or addition, file a supplemental registration indicating such substantial or material change or addition to the registration prior to its expiration. Previously filed information may be incorporated by reference. Substantial or material changes or additions shall include, but are not limited to, the pertinent information concerning changes or additions to client and employment information required by paragraphs (2), (3), (4), (6), and (7), and (8) of subsection (b) of this Code section." SECTION 5. Said chapter is further amended by revising subsection (d) of Code Section 21-5-73, relating to lobbyist disclosure reports, as follows: "(d) A person who is a lobbyist pursuant to subparagraph (A), (B), (C), (F), (G), or (H), or (I) of paragraph (5) of Code Section 21-5-70 shall file a disclosure report, current through the end of the period ending on July 31 and December 31 of each year, on or before August 5 and January 5 of each year." SECTION 6. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amend by revising Code Section 28-1-8, relating to the salary and allowances of General Assembly members and officers, by adding a new subsection to read as follows: "(i) Notwithstanding the provisions of this Code section or Code Section 45-7-4, the Senate and House of Representatives may provide meals, as are convenient to the orderly performance of the duties of the General Assembly, to the members and staff of the respective house with funds appropriated to the respective body. The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall authorize expenditure of such funds for the respective house." SECTION 7. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new chapter to read as follows: 372 JOURNAL OF THE SENATE "CHAPTER 94 36-94-1. As used in this chapter, the term 'elected local governing body' means the elected governing authority of each county and municipality in this state and the elected board of education of each local school district in this state. 36-94-2. Not later than January 1, 2009, each elected local governing body shall provide, by appropriate ordinance or resolution, for the establishment and operation of an ethics panel; provided, however, that any ordinance or resolution adopted by an elected local governing body that sets forth a mechanism for the filing, review, and disposition of ethics complaints prior to July 1, 2008, shall satisfy the requirements of this Code section. Such an ordinance or resolution may be amended from time to time by the elected local governing body. The membership and operation of the ethics panel shall be as established by the ordinance or resolution, subject to the minimum requirements of this chapter. 36-94-3. (a) Each ethics panel shall have regularly scheduled meetings at least once each calendar quarter, but a scheduled meeting may be canceled if there is no pending complaint to be reviewed by the ethics panel and no other business to come before the panel. (b) Each ethics panel shall have jurisdiction to investigate citizen complaints of alleged unethical conduct on the part of the members of the elected local governing body and each ethics panel created by an elected county governing authority shall have jurisdiction to investigate citizen complaints of alleged unethical conduct on the part of local constitutional officers elected within the county. The enabling ordinance or resolution may, but shall not be required to, grant to an ethics panel jurisdiction to investigate complaints of alleged unethical conduct on the part of other officers, agents, and employees of the elected local governing body. (c) Each ethics panel shall have the power to issue subpoenas to compel the attendance and testimony of witnesses and the production of evidence germane to its jurisdiction. Upon application of an ethics panel, the superior court shall have jurisdiction to enforce a subpoena issued by a panel by order of the court and punishment of disobedience of any such order as contempt of court. (d) Each elected local governing body and each ethics panel shall enjoy sovereign immunity from liability for the acts or omissions of an ethics panel. (e) Each ethics panel shall have such jurisdiction and powers as may be specified in the enabling ordinance or resolution, including at a minimum the power to: (1) Report any suspected violation of a state criminal statute or a local ordinance to the appropriate prosecuting attorney; (2) Report any suspected violation of a statute enforced by the State Ethics THURSDAY, FEBRUARY 14, 2008 373 Commission to the State Ethics Commission; (3) Report any suspected disqualification from holding office to the appropriate officer or agency having the power to fill the vacancy; (4) Issue a public reprimand in any case in which it finds that a member of the elected local governing body has violated any general law, local law, ordinance, or policy of the elected local governing body and the violation relates to such officers performance of his or her duties; (5) Impose a civil penalty not to exceed $1,000.00 per violation in any case in which it finds that a member of the elected local governing body has violated any general law, local law, ordinance, or policy of the elected local governing body and the violation relates to such officers performance of his or her duties; (6) Dismiss frivolous complaints; (7) Require complainants to submit a signed affidavit with each complaint; and (8) Impose a civil penalty of up to $1,000.00 on complainants submitting frivolous complaints or complaints lacking an evidentiary basis. 36-94-4. Any appeal from a decision of an ethics panel shall be by a de novo action in superior court. 36-94-5. (a) Each elected local governing body other than a board of education shall report its compliance with the requirements of this chapter to the State Ethics Commission. In the event an affected local government fails to act in accordance with this chapter by January 1, 2009, the affected local government shall be ineligible for any state funds administered by the Department of Community Affairs until the noncompliance is cured. (b) Each local board of education shall report its compliance with the requirements of this chapter to the Department of Education, in such manner as may be specified by the department, no later than January 1, 2009. In the case of noncompliance, the department shall withhold a portion of state funds otherwise payable to the affected local school system, as specified by the State Board of Education, until the noncompliance is cured. 36-94-6. Any member or members of an ethics panel who willfully fail to provide a hearing on any complaint or otherwise willfully fail to carry out the duties of the ethics panel shall be subject to removal by the body appointing such panel member." SECTION 8. All laws and parts of laws in conflict with this Act are repealed. 374 JOURNAL OF THE SENATE Senators Johnson of the 1st and Reed of the 35th offered the following amendment #1: Amend the committee substitute to SB 372 (LC 29 3152S) by striking from lines 8 and 9 of page 1 the following: "to change certain provisions relating to the salary and allowances of the General Assembly members;". By striking in its entirety Section 6 and renumbering Sections 7 and 8 as Sections 6 and 7, respectively. On the adoption of the amendment, there were no objections, and the Johnson, Reed amendment #1 to the committee substitute was adopted. On the adoption of the substitute as amended, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Davenport Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Heath Y Henson Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy E Orrock Y Pearson Y Powell Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas,D E Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 46, nays 0. THURSDAY, FEBRUARY 14, 2008 375 SB 372, having received the requisite constitutional majority, was passed by substitute. The following communications were received by the Secretary: Senator Gail Davenport District 44 323-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Higher Education Interstate Cooperation Public Safety Retirement Urban Affairs The State Senate Atlanta, Georgia 30334 Mr. Bob Ewing Secretary of the Senate State of Georgia February 14, 2008 Dear Mr. Ewing: Please record a yes vote for me on SB 372, an act to require local governments to establish ethics commissions. Thank you very much for your consideration of this request. Sincerely, /s/ Gail Davenport District 44 Senator Bill Heath District 31 109 State Capitol Atlanta, GA 30334 Committees: Retirement Science and Technology Appropriations Finance Government Oversight Agriculture and Consumer Affairs The State Senate Atlanta, Georgia 30334 376 JOURNAL OF THE SENATE Mr. Secretary, 2/14/08 Please let the Journal reflect my support for SB 372. I voted then left the Chamber. Due to machine malfunction I missed the recorded vote. /s/ Bill Heath The following Senators were excused for business outside the Senate Chamber: Douglas of the 17th Fort of the 39th Ramsey of the 43rd SB 399. By Senators Tolleson of the 20th, Bulloch of the 11th, Henson of the 41st and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Code Section 12-8-40.1 of the Official Code of Georgia Annotated, relating to tire disposal restrictions, so as to extend the period during which certain fees imposed upon retail sales of new replacement tires may be collected; 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 Carter Chance Y Chapman Y Cowsert Davenport E Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Heath Y Henson Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Murphy E Orrock Y Pearson Y Powell Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas,D E Thomas,R Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber THURSDAY, FEBRUARY 14, 2008 377 Y Harbison Y Harp Y Hawkins E Ramsey Y Reed Y Rogers Y Wiles Y Williams On the passage of the bill, the yeas were 43, nays 0. SB 399, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Jack Murphy District 27 304-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Public Safety Appropriations Banking and Financial Institutions Economic Development Ethics Retirement Insurance and Labor Regulated Industries and Utilities Veterans, Military and Homeland Security The State Senate Atlanta, Georgia 30334 2/14/08 Please record my vote as yes on SB 399. Thanks. /s/ Jack Murphy District 27 SB 405. By Senators Balfour of the 9th, Douglas of the 17th, Murphy of the 27th, Cowsert of the 46th, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 44 of the O.C.G.A., relating to acquisition and loss of property, so as to provide for the enactment of the "Georgia Revised Uniform Anatomical Gift Act"; to repeal the "Georgia Anatomical Gift Act"; to provide for a short title; to provide for definitions; to provide for anatomical gifts; to provide for who may make an anatomical gift; to provide for the manner of making, amending, or revoking an anatomical gift; to provide for refusal to make an anatomical gift; to provide for effectiveness; to provide for search and notification; to provide for delivery of 378 JOURNAL OF THE SENATE document; to provide for rights and duties of procurement organizations; to provide for coordination of procurement and use; to prohibit the sale or purchase of body parts; to provide for penalties; to provide for immunity; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 405: A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, so as to provide for the enactment of the "Georgia Revised Uniform Anatomical Gift Act"; to repeal the "Georgia Anatomical Gift Act"; to provide for a short title; to provide for definitions; to provide for anatomical gifts; to provide for who may make an anatomical gift; to provide for the manner of making, amending, or revoking an anatomical gift; to provide for refusal to make an anatomical gift; to provide for effectiveness; to provide for search and notification; to provide for delivery of document; to provide for rights and duties of procurement organizations; to provide for coordination of procurement and use; to prohibit the sale or purchase of body parts; to provide for penalties; to provide for immunity; to provide for governing law; to provide for a donor registry; to provide for the effect of an anatomical gift on an advance directive for health care; to provide for cooperation between medical examiners and procurement organizations; to provide for facilitation of an anatomical gift from a decedent; to provide for applicability and statutory construction; to amend Article 6 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses relative to human body trafficking, so as to revise certain provisions relating to buying and selling the human body or parts; to amend Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, so as to repeal a provision relating to removal of eye or corneal tissue by a coroner, medical examiner, or other individual; to amend the Official Code of Georgia Annotated, so as to revise various provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, is amended by repealing Article 6, known as the "Georgia Anatomical Gift Act," and inserting in its place a new Article 6 to read as follows: THURSDAY, FEBRUARY 14, 2008 379 "ARTICLE 6 44-5-140. This article shall be known and may be cited as the 'Georgia Revised Uniform Anatomical Gift Act.' 44-5-141. As used in this article, the term: (1) 'Adult' means an individual who is at least 18 years of age. (2) 'Agent' means an individual: (A) Authorized to make health care decisions on the principals behalf by an advance directive for health care or a durable power of attorney for health care; or (B) Expressly authorized to make an anatomical gift on the principals behalf by any other record signed by the principal. (3) 'Anatomical gift' means a donation of all or part of a human body to take effect after the donors death for the purpose of transplantation, therapy, research, or education. (4) 'Decedent' means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and a fetus. (5) 'Disinterested witness' means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift. The term does not include a person to which an anatomical gift could pass under Code Section 44-5-149. (6) 'Document of gift' means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a drivers license, identification card, or donor registry. (7) 'Donor' means an individual whose body or part is the subject of an anatomical gift. (8) 'Donor registry' means a data base that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. (9) 'Drivers license' means a license or permit issued by the Department of Driver Services to operate a vehicle, whether or not conditions are attached to the license or permit. (10) 'Eye bank' means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. (11) 'Guardian' means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem. (12) 'Hospital' means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. (13) 'Identification card' means an identification card for persons without drivers licenses issued pursuant to Code Sections 40-5-100 through 40-5-104 by the 380 JOURNAL OF THE SENATE Department of Driver Services. (14) 'Know' means to have actual knowledge. (15) 'Minor' means an individual who is under 18 years of age. (16) 'Organ procurement organization' means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization. (17) 'Parent' means a parent whose parental rights have not been terminated. (18) 'Part' means an organ, an eye, or tissue of a human being. The term does not include the whole body. (19) 'Person' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (20) 'Physician' means an individual authorized to practice medicine or osteopathy under the law of any state. (21) 'Procurement organization' means an eye bank, organ procurement organization, or tissue bank. (22) 'Prospective donor' means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal. (23) 'Reasonably available' means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. (24) 'Recipient' means an individual into whose body a decedents part has been or is intended to be transplanted. (25) 'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (26) 'Refusal' means a record created under Code Section 44-5-145 that expressly states an intent to bar other persons from making an anatomical gift of an individuals body or part. (27) 'Sign' means, with the present intent to authenticate or adopt a record: (A) To execute or adopt a tangible symbol; or (B) To attach to or logically associate with the record an electronic symbol, sound, or process. (28) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (29) 'Technician' means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an individual who is authorized to remove eyes, known as an enucleator. (30) 'Tissue' means a portion of the human body other than an organ or an eye. The THURSDAY, FEBRUARY 14, 2008 381 term does not include blood unless the blood is donated for the purpose of research or education. (31) 'Tissue bank' means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. (32) 'Transplant hospital' means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients. 44-5-142. Subject to Code Section 44-5-146, an anatomical gift of a donors body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in Code Section 44-5-143 by: (1) The donor, if the donor is an adult or if the donor is a minor and is: (A) Emancipated; or (B) Authorized under state law to apply for a drivers license because the donor is at least 16 years of age; (2) An agent of the donor, unless the advance directive for health care or durable power of attorney for health care prohibits the agent from making an anatomical gift; (3) A parent of the donor, if the donor is an unemancipated minor; or (4) The donors guardian. 44-5-143. (a) A donor may make an anatomical gift: (1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donors drivers license or identification card; (2) In a will; (3) During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or (4) As provided in subsection (b) of this Code section. (b) A donor or other person authorized to make an anatomical gift under Code Section 44-5-142 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and shall: (1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and (2) State that it has been signed and witnessed as provided in paragraph (1) of this subsection. (c) Revocation, suspension, expiration, or cancellation of a drivers license or identification card upon which an anatomical gift is indicated does not invalidate the gift. (d) An anatomical gift made by will takes effect upon the donors death whether or not 382 JOURNAL OF THE SENATE the will is probated. Invalidation of the will after the donors death does not invalidate the gift. 44-5-144. (a) Subject to Code Section 44-5-146, a donor or other person authorized to make an anatomical gift under Code Section 44-5-142 may amend or revoke an anatomical gift by: (1) A record signed by: (A) The donor; (B) The other person; or (C) Subject to subsection (b) of this Code section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or (2) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency. (b) A record signed pursuant to subparagraph (a)(1)(C) of this Code section shall: (1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and (2) State that it has been signed and witnessed as provided in paragraph (1) of this subsection. (c) Subject to Code Section 44-5-146, a donor or other person authorized to make an anatomical gift under Code Section 44-5-142 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift. (d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness. (e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills under Chapter 4 of Title 53 or as provided in subsection (a) of this Code section. 44-5-145. (a) An individual may refuse to make an anatomical gift of the individuals body or part by: (1) A record signed by: (A) The individual; or (B) Subject to subsection (b) of this Code section, another individual acting at the direction of the individual if the individual is physically unable to sign; (2) The individuals will, whether or not the will is admitted to probate or invalidated after the individuals death; or (3) Any form of communication made by the individual during the individuals terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness. THURSDAY, FEBRUARY 14, 2008 383 (b) A record signed pursuant to subparagraph (a)(1)(B) of this Code section shall: (1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and (2) State that it has been signed and witnessed as provided in paragraph (1) of this subsection. (c) An individual who has made a refusal may amend or revoke the refusal: (1) In the manner provided in subsection (a) of this Code section for making a refusal; (2) By subsequently making an anatomical gift pursuant to Code Section 44-5-143 that is inconsistent with the refusal; or (3) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal. (d) Except as otherwise provided in subsection (h) of Code Section 44-5-146, in the absence of an express, contrary indication by the individual set forth in the refusal, an individuals unrevoked refusal to make an anatomical gift of the individuals body or part bars all other persons from making an anatomical gift of the individuals body or part. 44-5-146. (a) Except as otherwise provided in subsection (g) of this Code section and subject to subsection (f) of this Code section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donors body or part if the donor made an anatomical gift of the donors body or part under Code Section 44-5-143 or an amendment to an anatomical gift of the donors body or part under Code Section 44-5-144. (b) A donors revocation of an anatomical gift of the donors body or part under Code Section 44-5-144 is not a refusal and does not bar another person specified in Code Sections 44-5-142 and 44-5-147 from making an anatomical gift of the donors body or part under Code Section 44-5-143 or 44-5-148. (c) If a person other than the donor makes an unrevoked anatomical gift of the donors body or part under Code Section 44-5-143 or an amendment to an anatomical gift of the donors body or part under Code Section 44-5-144, another person may not make, amend, or revoke the gift of the donors body or part under Code Section 44-5-148. (d) A revocation of an anatomical gift of a donors body or part under Code Section 44-5-144 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under Code Section 44-5-143 or 44-5-148. (e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Code Section 44-5-142, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person. (f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Code Section 44-5-142, an anatomical gift of a part for one or more of the purposes set forth in Code Section 44-5-142 is not a 384 JOURNAL OF THE SENATE limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under Code Section 44-5-143 or 44-5-148. (g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donors body or part. (h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minors refusal. 44-5-147. (a) Subject to subsections (b) and (c) of this Code section and unless barred by Code Section 44-5-145 or 44-5-146, an anatomical gift of a decedents body or part for the purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed: (1) An agent of the decedent at the time of death who could have made an anatomical gift under paragraph (2) of Code Section 44-5-142 immediately before the decedents death; (2) The spouse of the decedent; (3) Adult children of the decedent; (4) Parents of the decedent; (5) Adult siblings of the decedent; (6) Adult grandchildren of the decedent; (7) Grandparents of the decedent; (8) The persons who were acting as the guardians of the person of the decedent at the time of death; (9) Any other person having the authority to dispose of the decedents body; and (10) A representative ad litem who shall be appointed by a court of competent jurisdiction forthwith upon a petition heard ex parte filed by any person, which representative ad litem shall ascertain that no person of higher priority exists and is reasonably available who objects to the gift of all or any part of the decedents body and that no evidence exists of the decedents having made a communication expressing a desire that his or her body or body parts not be donated upon death. (b) If there is more than one member of a class listed in paragraph (1), (3), (4), (5), (6), (7), or (8) of subsection (a) of this Code section entitled to make an anatomical gift and a good faith effort is made to contact every member of the class, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under Code Section 44-5-149 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available. (c) A person may not make an anatomical gift if, at the time of the decedents death, a person in a prior class under subsection (a) of this Code section is reasonably available to make or to object to the making of an anatomical gift. THURSDAY, FEBRUARY 14, 2008 385 44-5-148. (a) A person authorized to make an anatomical gift under Code Section 44-5-147 may make an anatomical gift by a document of gift signed by the person making the gift or by that persons oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication. (b) Subject to subsection (c) of this Code section, an anatomical gift by a person authorized under Code Section 44-5-147 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under Code Section 44-5-147 may be: (1) Amended only if a majority of the reasonably available members agree to the amending of the gift; or (2) Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift. (c) A revocation under subsection (b) of this Code section is effective only if, before an incision has been made to remove a part from the donors body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation. 44-5-149. (a) An anatomical gift may be made to the following persons named in the document of gift: (1) A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education; (2) Subject to subsection (b) of this Code section, an individual designated by the person making the anatomical gift if the individual is the recipient of the part; or (3) An eye bank or tissue bank. (b) If an anatomical gift to an individual under paragraph (2) of subsection (a) of this Code section cannot be transplanted into the individual, the part passes in accordance with subsection (g) of this Code section in the absence of an express, contrary indication by the person making the anatomical gift. (c) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) of this Code section but identifies the purpose for which an anatomical gift may be used, the following rules apply: (1) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank; (2) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank; (3) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ; and 386 JOURNAL OF THE SENATE (4) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization. (d) For the purpose of subsection (c) of this Code section, if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift shall be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education. (e) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (a) of this Code section and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g) of this Code section. (f) If a document of gift specifies only a general intent to make an anatomical gift by words such as 'donor,' 'organ donor,' or 'body donor,' or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g) of this Code section. (g) For purposes of subsections (b), (e), and (f) of this Code section, the following rules apply: (1) If the part is an eye, the gift passes to the appropriate eye bank; (2) If the part is tissue, the gift passes to the appropriate tissue bank; and (3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ. (h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under paragraph (2) of subsection (a) of this Code section, passes to the organ procurement organization as custodian of the organ. (i) If an anatomical gift does not pass pursuant to subsections (a) through (h) of this Code section or the decedents body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part. (j) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under Code Sections 44-5-143 and 44-5-148 or if the person knows that the decedent made a refusal under Code Section 44-5-145 that was not revoked. For purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift. (k) Except as otherwise provided in paragraph (2) of subsection (a) of this Code section, nothing in this article affects the allocation of organs for transplantation or therapy. 44-5-150. (a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: THURSDAY, FEBRUARY 14, 2008 387 (1) A law enforcement officer, firefighter, paramedic, emergency medical technician, or other first responder finding the individual, in accordance with subsection (b.1) of Code Section 17-6-11; and (2) If no other source of the information is immediately available, a hospital, as soon as practical after the individuals arrival at the hospital. (b) If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (a) of this Code section and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital. (c) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this Code section but may be subject to administrative sanctions. 44-5-151. (a) A document of gift need not be delivered during the donors lifetime to be effective. (b) Upon or after an individuals death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under Code Section 44-5-149. 44-5-152. (a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift. (b) The Department of Driver Services shall make donor information reasonably available to a procurement organization. (c) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent. (d) Unless prohibited by law other than this article, at any time after a donors death, the person to which a part passes under Code Section 44-5-149 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose. (e) Unless prohibited by law other than this article, an examination under subsection (c) or (d) of this Code section may include an examination of all medical and dental records of the donor or prospective donor. (f) Unless a procurement organization knows the minor is emancipated, the 388 JOURNAL OF THE SENATE procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal, if any. (g) Upon referral by a hospital under subsection (a) of this Code section, a procurement organization shall make a reasonable search for any person listed in Code Section 44-5147 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information. (h) Subject to subsection (i) of Code Section 44-5-149 and Code Section 44-5-151, the rights of the person to which a part passes under Code Section 44-5-149 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this article, a person that accepts an anatomical gift of an entire body may allow embalming, burial, or cremation and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under Code Section 44-5-149, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation. (i) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedents death may participate in the procedures for removing or transplanting a part from the decedent. (j) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove. 44-5-153. Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. 44-5-154. (a) Except as otherwise provided in subsection (b) of this Code section, a person that for valuable consideration knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individuals death commits a felony and upon conviction is subject to a fine not exceeding $50,000.00 or imprisonment not exceeding five years, or both. (b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part. 44-5-155. A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a felony and upon conviction is subject to a fine not exceeding $50,000.00 or imprisonment not exceeding five years, or both. THURSDAY, FEBRUARY 14, 2008 389 44-5-156. (a) A person that acts in accordance with this article or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding. (b) Neither the person making an anatomical gift nor the donors estate is liable for any injury or damage that results from the making or use of the gift. (c) In determining whether an anatomical gift has been made, amended, or revoked under this article, a person may rely upon representations of an individual listed in paragraph (2), (3), (4), (5), (6), or (7) of subsection (a) of Code Section 44-5-147 relating to the individuals relationship to the donor or prospective donor unless the person knows that the representation is untrue. 44-5-157. (a) A document of gift is valid if executed in accordance with: (1) This article; (2) The laws of the state or country where it was executed; or (3) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed. (b) If a document of gift is valid under this Code section, the law of this state governs the interpretation of the document of gift. (c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked. 44-5-158. (a) The Department of Driver Services shall make available to procurement organizations or secure data centers maintained and managed at the direction of a procurement organization the name, license number, date of birth, gender, and most recent address of any person who obtains an organ donors license. Information so obtained by such organizations shall be used for the purpose of establishing a statewide organ donor registry accessible to organ tissue and eye banks authorized to function as such in this state and shall not be further disseminated. (b) A donor registry shall: (1) Allow a donor or other person authorized under Code Section 44-5-142 to include on the donor registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift; (2) Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; and (3) Be accessible for purposes of paragraphs (1) and (2) of this subsection seven days a week on a 24 hour basis. (c) Personally identifiable information on a donor registry about a donor or prospective 390 JOURNAL OF THE SENATE donor may not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; provided, however, this shall not preclude the use of aggregated demographic information for the purposes of annual reporting, research, or education. (d) This Code section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with this state. Any such registry shall comply with subsections (b) and (c) of this Code section. 44-5-159. If a prospective donor has an advance directive for health care in accordance with Chapter 32 of Title 31 or a declaration signed by a prospective donor, unless it expressly provides to the contrary, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from the prospective donor. 44-5-159.1. (a) A medical examiner and procurement organizations shall cooperate with each other to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education. (b) If a medical examiner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the medical examiner and a postmortem examination is going to be performed, unless the medical examiner denies recovery in accordance with Code Section 44-5-159.2, the medical examiner or designee shall conduct, when practicable, a postmortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift. The date and location of such examinations shall occur as specified in the agreement as provided for in subsection (e) of Code Section 44-5-159.2. (c) A part may not be removed from the body of a decedent under the jurisdiction of a medical examiner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the medical examiner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection shall not preclude a medical examiner from performing the medicolegal autopsy upon the body or parts of a decedent under the jurisdiction of the medical examiner or from using the body or parts of a decedent under the jurisdiction of the medical examiner for the purposes of education, training, and research required by the medical examiner. 44-5-159.2. (a) Upon specific request of a procurement organization, and in accordance with the procedures set forth under the agreement established pursuant to subsection (e) of this THURSDAY, FEBRUARY 14, 2008 391 Code section, a medical examiner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the medical examiner. If the decedents body or part is medically suitable for transplantation, therapy, research, or education, and the gift or procurement does occur, the medical examiner shall release postmortem examination results to the procurement organization. The procurement organization may make a subsequent disclosure of the postmortem examination results or other information received from the medical examiner only if relevant to transplantation, therapy, research, or education. (b) The medical examiner may conduct a medicolegal investigation by reviewing all medical records, laboratory test results, x-rays, other diagnostic results, and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the medical examiner that the medical examiner determines may be relevant to the investigation. (c) A person that has any information requested by a medical examiner pursuant to subsection (b) of this Code section shall provide that information as expeditiously as possible to allow the medical examiner to conduct the medicolegal investigation within a period compatible with the preservation of parts for the purpose of transplantation, therapy, research, or education. (d) If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the medical examiner and a postmortem examination is not required, or the medical examiner determines that a postmortem examination is required but that the recovery of the part that is the subject of an anatomical gift will not interfere with the examination, the medical examiner and procurement organization shall cooperate in the timely removal of the part from the decedent for the purpose of transplantation, therapy, research, or education. (e) The medical examiner and procurement organizations shall enter into an agreement signed by both parties setting forth protocols and procedures to govern relations between the parties when an anatomical gift of a part from a decedent under the jurisdiction of the medical examiner has been or might be made, but the medical examiner believes that the recovery of the part could interfere with the postmortem investigation into the decedents cause or manner of death. Decisions regarding the recovery of organs, tissue, and eyes from such a decedent, and decisions about approaches to tissue donation cases compared with organ donation cases, shall be made in accordance with the agreement. In the event that the medical examiner denies recovery of an anatomical gift, the procurement organization may request the regional medical examiner serving the county having jurisdiction over the death or the chief medical examiner appointed pursuant to Code Section 35-3-153 to reconsider the denial and to permit the recovery to proceed. The parties shall evaluate the effectiveness of the protocols and procedures at regular intervals but no less frequently than every two years. A medical examiner may limit its involvement and agreements with procurement organizations to one procurement organization, but may work with more than one procurement organization in the discretion of the medical examiner. 392 JOURNAL OF THE SENATE (f) If the medical examiner or designee allows recovery of a part under subsection (d) or (e) of this Code section, the procurement organization, upon request, shall cause the physician or technician who removes the part to provide the medical examiner with a record describing the condition of the part, a biopsy, a photograph, and any other information and observations that would assist in the postmortem examination. (g) If a medical examiner or designee is required to be present at a removal procedure pursuant to an agreement entered into under subsection (e) of this Code section, upon request the procurement organization requesting the recovery of the part shall reimburse the medical examiner or designee for the additional costs incurred in complying with subsection (e) of this Code section. 44-5-159.3. This article applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. 44-5-159.4. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. 44-5-159.5. This article modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit or supersede Section 101(a) of that act, 15 U.S.C. Section 7001, or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b). SECTION 2. Article 6 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses relative to human body trafficking, is amended by revising Code Section 16-12-160, relating to buying or selling or offering to buy or sell the human body or parts, as follows: "16-12-160. (a) It shall be unlawful, except as provided in subsection (b) of this Code section, for any person, firm, or corporation to buy or sell, to offer to buy or sell, or to assist another in buying or selling or offering to buy or sell a human body or any part of a human body or buy or sell a human fetus or any part thereof. (b) The prohibition contained in subsection (a) of this Code section shall not apply to: (1) The purchase or sale of whole blood, blood plasma, blood products, blood derivatives, other self-replicating body fluids, or hair; (2) A gift or donation of a human body or any part of a human body or any procedure connected therewith as provided in Article 6 of Chapter 5 of Title 44 or to the payment of a processing fee in connection with such gift or donation pursuant to THURSDAY, FEBRUARY 14, 2008 393 subsection (b) of Code Section 44-5-154 if such fee is paid to a bank or storage facility procurement organization, as those terms are defined that term is defined in Code Section 44-5-142 44-5-141; (3) The reimbursement of actual expenses, including medical costs, lost income, and travel expenses, incurred by a living person in giving or donating a part of the persons body; (4) The payment of financial assistance under a plan of insurance or other health care coverage; (5) The purchase or sale of human tissue, organs, or other parts of the human body for health sciences education; or (6) The payment of reasonable costs associated with the removal, storage, or transportation of a human body or any part of a human body given or donated for medical or scientific purposes. (c) Any person, firm, or corporation convicted of violating subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not exceeding $5,000.00 or by imprisonment for not less than one year nor more than five years, or both." SECTION 3. Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, is amended by repealing and reserving Code Section 31-23-6, relating to removal of eye or corneal tissue by a coroner, medical examiner, or other individual. SECTION 4. The following Code sections of the Official Code of Georgia Annotated are amended by striking "Georgia Anatomical Gift Act" wherever that term occurs and inserting in its place "Georgia Revised Uniform Anatomical Gift Act": (1) Code Section 31-23-2, relating to the effect on eye donations of the "Georgia Anatomical Gift Act"; (2) Code Section 31-32-4, relating to the advance directive for health care statutory form; (3) Code Section 31-32-7, relating to duties and responsibilities of health care agents designated in advance directives for health care; (4) Code Section 31-32-8, relating to duties and responsibilities of health care providers relating to advance directives for health care; and (5) Code Section 40-5-6, relating to forms for making of anatomical gifts upon issuance or renewal of drivers licenses. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. 394 JOURNAL OF THE SENATE Senators Smith of the 52nd and Balfour of the 9th offered the following amendment #1: Amend the committee substitute to SB 405 by adding on page 5 line 3 by inserting a new paragraph (4) to read as follows: "(4) By granting power pursuant to a durable power of attorney for health care or advance directive for health care under Chapter 32 of Title 31." and renumbering old paragraph (4) as new paragraph (5) On the adoption of the amendment, there were no objections, and the Smith, Balfour amendment #1 to the committee substitute was adopted. Senators Smith of the 52nd and Balfour of the 9th offered the following amendment #2: Amend the committee substitute to SB 405 by deleting on page 17 line 9-11 and renumbering subsequent paragraphs. On the adoption of the amendment, there were no objections, and the Smith, Balfour amendment #2 to the committee substitute was adopted. On the adoption of the substitute as amended, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport E Douglas E Fort Y Goggans Y Heath Y Henson Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Thompson,C E Thompson,S THURSDAY, FEBRUARY 14, 2008 395 Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 0. SB 405, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator John Douglas District 17 302-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Veterans, Military and Homeland Security Science and Technology Education and Youth Transportation The State Senate Atlanta, Georgia 30334 February 14, 2008 To: Secretary of the Senate Please insert in the official record of the Senate my "Yes" vote for SB 405, February 14, 2008. Thank you. /s/ John Douglas SB 417. By Senators Mullis of the 53rd, Seay of the 34th, Williams of the 19th, Stoner of the 6th and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner of transportation to develop and publish benchmarks and issue reports on the progress of construction projects; to require the commissioner to perform value engineering studies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 396 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy E Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. SB 417, having received the requisite constitutional majority, was passed. SB 420. By Senators Pearson of the 51st, Mullis of the 53rd, Williams of the 19th, Rogers of the 21st and Tolleson of the 20th: A BILL to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to exempt the Department of Transportation and its contractors from civil penalties levied for violations; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. The Senate Transportation Committee offered the following substitute to SB 420: A BILL TO BE ENTITLED AN ACT THURSDAY, FEBRUARY 14, 2008 397 To amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to exempt the Department of Transportation and its contractors from civil penalties levied for violations; 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. Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, is amended by revising Code Section 12-7-15, relating to civil penalties for violating provisions regarding soil erosion and sedimentation, as follows: "12-7-15. Any person who violates any provision of this chapter, the rules and regulations adopted pursuant to this chapter, or any permit condition or limitation established pursuant to this chapter or who negligently or intentionally fails or refuses to comply with any final or emergency order of the director issued as provided in this chapter shall be liable for a civil penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this chapter, notwithstanding any provision in any city charter to the contrary, municipal courts shall be authorized to impose a penalty not to exceed $2,500.00 for each violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations of county ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this chapter under county ordinances approved under this chapter shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which the violation or failure or refusal to comply continues shall be a separate violation. The Department of Transportation or any contractor working under a contract for such department shall not be assessed any civil penalties under the provisions of this Code section; provided, however, nothing in this chapter shall diminish the property rights of any landowner adversely affected by construction activity of the Department of Transportation." SECTION 2. Said chapter is further amended by revising paragraph (9) of Code Section 12-7-17, relating to exemptions from the provisions governing soil erosion and sedimentation, as follows: "(9) Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of the Department of Transportation or the State Road and Tollway Authority which disturb one or more contiguous acres of land shall be subject to the provisions of Code Section 12-7-7.1; 398 JOURNAL OF THE SENATE except where the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the local issuing authority, the local issuing authority shall enforce compliance with the minimum requirements set forth in Code Section 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; provided, further, that the Department of Transportation or any contractor working under a contract for such department shall not be assessed civil penalties under Code Section 12-7-15;" SECTION 3. This Act shall become effective on July 1, 2008, and apply to any proceeding initiated on or after that date. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Pearson of the 51st asked unanimous consent that SB 420 be placed on the Table. The consent was granted, and SB 420 was placed on the Table. Senator Jones of the 10th was excused for business outside the Senate Chamber. SR 819. By Senators Seabaugh of the 28th, Murphy of the 27th, Rogers of the 21st, Hudgens of the 47th, Moody of the 56th and others: A RESOLUTION creating the Senate Comprehensive Firearms Law 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 Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Heath Y Henson Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson E Jones Y Schaefer Y Seabaugh Seay Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate THURSDAY, FEBRUARY 14, 2008 399 Y Davenport Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Me V Bremen Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 49, nays 0. SR 819, having received the requisite constitutional majority, was adopted. SR 859. By Senators Rogers of the 21st, Carter of the 13th, Chance of the 16th, Heath of the 31st, Williams of the 19th and others: A RESOLUTION Proposing an amendment to the Constitution so as to repeal the levy of state ad valorem taxes except in the case of an emergency; to provide for applicability; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VII, Section I, Paragraph II of the Constitution is amended by revising subparagraph (a) as follows: "(a)(1) The state shall not impose an annual levy of state ad valorem taxes on tangible property for all purposes, any purpose except for defending the state in an emergency, shall not exceed one-fourth mill on each dollar of the assessed value of the property. (2) Solely, for purposes of any general law in effect on January 1, 2008, which distributes intangible tax revenues to the state based upon a proportion that the state millage rate and millage rates of local tax jurisdictions bear to the total millage rate levied for all purposes, the state millage rate shall equal one-fourth mill on each dollar of assessed value. (3) The prohibition of this subparagraph shall not affect state: (A) Assessment and collection of ad valorem taxes on public utilities, railroad companies, and airlines on behalf of local governments; or (B) Administrative functions with respect to local ad valorem taxation pursuant to any general law." 400 JOURNAL OF THE SENATE 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 repeal state ad ( ) NO valorem taxes except for emergencies?" 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, Chance of the 16th, Heath of the 31st and Carter of the 13th offered the following amendment #1: Amend SR 859 by striking the quotation marks at the end of line 20 of page 1. By inserting between line 20 and 21 of page 1 the following: (4) The state shall continue to assure that all taxation is uniform upon the same class of subjects across all taxing jurisdictions of this state." On the adoption of the amendment, there were no objections, and the Rogers et al. amendment #1 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 proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown Y Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas E Fort Y Heath N Henson Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C THURSDAY, FEBRUARY 14, 2008 401 Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 49, nays 4. SR 859, having received the requisite two-thirds constitutional majority, was adopted as amended. Senator Williams of the 19th moved that the Senate stand adjourned pursuant to HR 1225 until 10:00 a.m. Tuesday, February 19, 2008; the motion prevailed, and at 11:23 a.m. the President announced the Senate adjourned. 402 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, February 19, 2008 Nineteenth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Smith of the 52nd 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 communications were received by the Secretary: LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30034 (404) 656-5000 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 1, 2008, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Johnny Floyd was elected as the member of the State Transportation Board from the Second Congressional District to serve a term expiring April 15, 2013. Respectfully submitted, /s/ Honorable George Hooks Senator, District 14 Chairman /s/ Honorable Bob Hanner Representative, District 148 Secretary TUESDAY, FEBRUARY 19, 2008 403 LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30034 (404) 656-5000 TO: HONORABLE KAREN HANDEL SECRETARY OF STATE This is to certify that Honorable Johnny Floyd has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as the member of the State Transportation Board from the Second Congressional District for a term expiring April 15, 2013. This 13th day of February, 2008. /s/ Honorable Casey Cagle Lieutenant Governor /s/ Honorable Glenn Richardson Speaker, House of Representatives LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30034 (404) 656-5000 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 1, 2008, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Emory McClinton was elected as the member of the State Transportation Board from the Fifth Congressional District to serve a term expiring April 15, 2013. Respectfully submitted, /s/ Honorable Roger Bruce Representative, District 64 Chairman 404 JOURNAL OF THE SENATE /s/ Honorable Horacena Tate Senator, District 38 Secretary LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30034 (404) 656-5000 TO: HONORABLE KAREN HANDEL SECRETARY OF STATE This is to certify that Honorable Emory McClinton has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as the member of the State Transportation Board from the Fifth Congressional District for a term expiring April 15, 2013. This 13th day of February, 2008. /s/ Honorable Casey Cagle Lieutenant Governor /s/ Honorable Glenn Richardson Speaker, House of Representatives LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30034 (404) 656-5000 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 1, 2008, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Mike Evans was elected as the member of the State Transportation Board from the Ninth Congressional District to serve a term expiring April 15, 2013. TUESDAY, FEBRUARY 19, 2008 405 Respectfully submitted, /s/ Honorable Carl Rogers Representative, District 26 Chairman /s/ Honorable Don Thomas Senator, District 54 Secretary LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30034 (404) 656-5000 TO: HONORABLE KAREN HANDEL SECRETARY OF STATE This is to certify that Honorable Mike Evans has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as the member of the State Transportation Board from the Ninth Congressional District for a term expiring April 15, 2013. This 13th day of February, 2008. /s/ Honorable Casey Cagle Lieutenant Governor /s/ Honorable Glenn Richardson Speaker, House of Representatives LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30034 (404) 656-5000 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 1, 2008, in the Senate Chamber of the State Capitol 406 JOURNAL OF THE SENATE Building. At that caucus, Honorable Raybon Anderson was elected as the member of the State Transportation Board from the Twelfth Congressional District to serve a term expiring April 15, 2013. Respectfully submitted, /s/ Honorable Tommie Williams Senator, District 19 Chairman /s/ Honorable Jon Burns Representative, District 157 Secretary LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30034 (404) 656-5000 TO: HONORABLE KAREN HANDEL SECRETARY OF STATE This is to certify that Honorable Raybon Anderson has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as the member of the State Transportation Board from the Twelfth Congressional District for a term expiring April 15, 2013. This 13th day of February, 2008. /s/ Honorable Casey Cagle Lieutenant Governor /s/ Honorable Glenn Richardson Speaker, House of Representatives LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30034 (404) 656-5000 TUESDAY, FEBRUARY 19, 2008 407 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 1, 2008, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Dana Lemon was elected as the member of the State Transportation Board from the Thirteenth Congressional District to serve a term expiring April 15, 2013. Respectfully submitted, /s/ Honorable Roger Bruce Representative, District 64 Chairman /s/ Honorable Celeste Johnson Representative, District 75 Secretary LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30034 (404) 656-5000 TO: HONORABLE KAREN HANDEL SECRETARY OF STATE This is to certify that Honorable Dana Lemon has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as the member of the State Transportation Board from the Thirteenth Congressional District for a term expiring April 15, 2013. This 13th day of February, 2008. /s/ Honorable Casey Cagle Lieutenant Governor /s/ Honorable Glenn Richardson Speaker, House of Representatives The following message was received from the House through Mr. Rivers, the Clerk thereof: 408 JOURNAL OF THE SENATE Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 950. By Representatives Powell of the 29th, Benton of the 31st, England of the 108th, Jamieson of the 28th and Cox of the 102nd: 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 registration and licensing of assembled motor vehicles and motorcycles; to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the issuance of certificates of title to owners of assembled motor vehicles and motorcycles; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 951. By Representatives Powell of the 29th, Benton of the 31st, England of the 108th, Jamieson of the 28th and Cox of the 102nd: A BILL to be entitled an Act to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," so as to redefine the term "rebuilder"; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 961. By Representatives Sims of the 169th and Lewis of the 15th: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain provisions relating to special parking permits and license plates for persons with disabilities; to provide for suspension of drivers licenses upon conviction of certain offenses related to such special parking permits and license plates; to repeal conflicting laws; and for other purposes. HB 969. By Representatives Lunsford of the 110th, Loudermilk of the 14th, Scott of the 2nd, Lewis of the 15th, Davis of the 109th and others: A BILL to be entitled an Act to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be licensed, minimum ages for licenses, school attendance requirements, and driving TUESDAY, FEBRUARY 19, 2008 409 training requirements, so as to provide that a course of instruction given within the context of a bona fide home schooling program shall constitute an approved driver education training course; to repeal conflicting laws; and for other purposes. HB 1055. By Representatives Williams of the 4th, Dickson of the 6th, Tumlin of the 38th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and licenses, so as to make revisions to certain provisions relating to professions and licenses; to provide that a designee of the division director of the professional licensing boards may sign and attest orders and processes; to amend certain requirements relating to applications for certification as a registered interior designer; to revise provision relating to inspector at auctions; to provide for service of documents and applications relating to geologists upon the division director at his or her office; to repeal certain provisions relating to license by reciprocity for massage therapists; to revise provisions relating to license by endorsement for massage therapists; to provide for certain education and training requirements satisfactory for the issuance of physical therapist licenses; to provide for licensure by endorsement for physical therapists; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1105. By Representatives Sheldon of the 105th, Cooper of the 41st, Rynders of the 152nd, Carter of the 159th and Channell of the 116th: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to require hospitals to offer certain vaccinations to inpatients aged 65 years or older; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1111. By Representatives Floyd of the 147th, Rice of the 51st, Talton of the 145th, Powell of the 29th and Forster of the 3rd: 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 persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements; to provide for drivers license fees; to provide for limited driving permits; to provide for the issuance of identification cards; to provide for issuance of a commercial drivers license; to provide for the contents of applications for commercial 410 JOURNAL OF THE SENATE drivers licenses; to provide for the contents of commercial drivers licenses; to provide for commercial driving disqualifications; to provide for penalties for commercial driving violations; to provide for issuance of identification cards for persons with disabilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1162. By Representative Jenkins of the 8th: A BILL to be entitled an Act to reincorporate and provide a new charter for the City of Sky Valley in Rabun 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 a city council; 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 rules and regulations; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1164. By Representative Hudson of the 124th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Warren County, approved February 4, 1993 (Ga. L. 1993, p. 3651), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3702), and by an Act approved May 30, 2003 (Ga. L. 2003, p. 3806), so as to revise the districts for the election of members of the board; to provide for the manner of election; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1166. By Representatives Williams of the 165th, Barnard of the 166th and Stephens of the 164th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Liberty County ad valorem taxes for county purposes, approved May 17, 2004 (Ga. L. 2004, p. 3818), so as to provide for certain TUESDAY, FEBRUARY 19, 2008 411 restrictions to changing a propertys base year assessment; to provide that such exemption may transfer to a surviving spouse; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1167. By Representatives Williams of the 165th, Barnard of the 166th and Stephens of the 164th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Liberty County School District ad valorem taxes for educational purposes, approved May 17, 2004 (Ga. L. 2004, p. 3821), so as to provide for certain restrictions to changing a propertys base year assessment; to provide that such exemption may transfer to a surviving spouse; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the Senate: SR 864. By Senators Meyer von Bremen of the 12th and Carter of the 13th: A RESOLUTION commending Operation Migration and recognizing the month of November as "Traditional Migration Month" at the capitol; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 469. By Senators Harp of the 29th and Thomas of the 54th: A BILL to be entitled an Act to amend Code Section 31-7-12 of the Official Code of Georgia Annotated, relating to personal care homes, so as to revise the definition of "personal care home"; to amend Code Section 37-1-20 of the Official Code of Georgia Annotated, relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, so as to provide guidelines for and oversight of host homes by the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources; to define "host home"; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. 412 JOURNAL OF THE SENATE SB 470. 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, so as to provide a short title; to provide for the submission of an annual statement of actuarial opinion by an appointed actuary by each property and casualty insurance company licensed to do business in this state; to provide for exceptions; to provide for the submission of supporting documentation; to provide for the confidentiality of certain documents, materials, and other information; to authorize disclosure under certain conditions; to provide for certain immunities; 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 471. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance generally, so as to provide for regulator financial examinations of domestic insurers every five years; to provide for the confidentiality of examination work papers; to provide for the immunity from liability for a contracted examiner to be the same as that of an employee of the state conducting the same state functions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 472. By Senators Shafer of the 48th, Rogers of the 21st, Tolleson of the 20th, Hamrick of the 30th, Stoner of the 6th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to provide, subject to appropriation by the General Assembly, for utilization of digital based cigarette stamp processes; to provide a short title; to provide for related matters; to provide for an effective date contingent on funding; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 473. By Senators Seabaugh of the 28th, Balfour of the 9th and Shafer of the 48th: A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the Official TUESDAY, FEBRUARY 19, 2008 413 Code of Georgia Annotated, relating to accountants, so as to increase regulatory protections for consumers of accounting services; to provide definitions; to change a requirement for certification as a certified public accountant; to change the registration requirements of firms of certified public accountants; to provide for substantial equivalency; to provide for certain permissions to use certain titles; 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 474. By Senators Staton of the 18th, Heath of the 31st, Douglas of the 17th, Powell of the 23rd, Thomas of the 54th and others: A BILL to be entitled an Act to amend Title 39 of the Official Code of Georgia Annotated, relating to minors, so as to provide for definitions; to provide for the availability of parental controls over Internet access by children; to provide for the development and distribution of Internet online safety curricula and information; to provide for the monitoring of Internet use by registered sexual offenders; to provide for the registration of e-mail addresses and usernames of registered sexual offenders; to provide for certain disclosures; to provide that interactive computer services shall provide certain information for investigative purposes; to provide for the reporting by interactive computer services of child pornography violations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Science and Technology Committee. SB 475. By Senators Fort of the 39th, Thompson of the 33rd, Reed of the 35th, Orrock of the 36th, Jones of the 10th and others: A BILL to be entitled an Act to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to revise the "Georgia Fair Lending Act"; to prohibit abusive home loan practices; to provide for definitions; to provide for prohibited practices and limitations relating to covered home loans and high-cost home loans; to create specific and numerous consumer protections for covered home loans and high-cost home loans; to provide for penalties and enforcement; to provide for exceptions for unintentional violations; to provide for related matters; to provide for severability; to provide for legislative intent; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. 414 JOURNAL OF THE SENATE SB 476. By Senators Heath of the 31st, Tolleson of the 20th and Bulloch of the 11th: A BILL to be entitled an Act to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish generally, so as to change certain provisions relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 477. By Senators Moody of the 56th, Shafer of the 48th, Mullis of the 53rd, Pearson of the 51st and Rogers of the 21st: A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to counties and municipal corporations in general, so as to provide that it shall be unlawful for any county or municipal corporation to issue any backdated license, permit, or other similar authorization under certain circumstances; to provide for a criminal penalty; to provide for related matters; to state legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SB 478. By Senators Hamrick of the 30th and Reed of the 35th: A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of superior court judges for each judicial circuit, so as to create a new superior court judgeship for the Douglas Judicial Circuit; to provide for the initial appointment, election, and term of office of such judge; to revise and restate an Act the creating the Douglas Judicial Circuit approved March 20, 1980 (Ga. L. 1980, p. 563), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 220), so as to provide for matters relative to the creation and continuation of the superior court and district attorney for the Douglas Judicial Circuit; to authorize the judges of said circuit to divide and allocate the work and duties thereto and provide for the duties of the chief judge and presiding judges; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. TUESDAY, FEBRUARY 19, 2008 415 SR 965. By Senators Rogers of the 21st, Hooks of the 14th, Williams of the 19th, Shafer of the 48th, Pearson of the 51st and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for income tax relief in the event of a budget surplus; to provide for a short title; to provide for definitions; to provide for excess revenues; to provide for the authority of the General Assembly with respect to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Finance Committee. The following House legislation was read the first time and referred to committee: HB 950. By Representatives Powell of the 29th, Benton of the 31st, England of the 108th, Jamieson of the 28th and Cox of the 102nd: 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 registration and licensing of assembled motor vehicles and motorcycles; to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the issuance of certificates of title to owners of assembled motor vehicles and motorcycles; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 951. By Representatives Powell of the 29th, Benton of the 31st, England of the 108th, Jamieson of the 28th and Cox of the 102nd: A BILL to be entitled an Act to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," so as to redefine the term "rebuilder"; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 961. By Representatives Sims of the 169th and Lewis of the 15th: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia 416 JOURNAL OF THE SENATE Annotated, relating to motor vehicles, so as to change certain provisions relating to special parking permits and license plates for persons with disabilities; to provide for suspension of drivers licenses upon conviction of certain offenses related to such special parking permits and license plates; to repeal conflicting laws; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. HB 969. By Representatives Lunsford of the 110th, Loudermilk of the 14th, Scott of the 2nd, Lewis of the 15th, Davis of the 109th and others: A BILL to be entitled an Act to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be licensed, minimum ages for licenses, school attendance requirements, and driving training requirements, so as to provide that a course of instruction given within the context of a bona fide home schooling program shall constitute an approved driver education training course; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 1055. By Representatives Williams of the 4th, Dickson of the 6th, Tumlin of the 38th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and licenses, so as to make revisions to certain provisions relating to professions and licenses; to provide that a designee of the division director of the professional licensing boards may sign and attest orders and processes; to amend certain requirements relating to applications for certification as a registered interior designer; to revise provision relating to inspector at auctions; to provide for service of documents and applications relating to geologists upon the division director at his or her office; to repeal certain provisions relating to license by reciprocity for massage therapists; to revise provisions relating to license by endorsement for massage therapists; to provide for certain education and training requirements satisfactory for the issuance of physical therapist licenses; to provide for licensure by endorsement for physical therapists; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. TUESDAY, FEBRUARY 19, 2008 417 HB 1105. By Representatives Sheldon of the 105th, Cooper of the 41st, Rynders of the 152nd, Carter of the 159th and Channell of the 116th: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to require hospitals to offer certain vaccinations to inpatients aged 65 years or older; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 1111. By Representatives Floyd of the 147th, Rice of the 51st, Talton of the 145th, Powell of the 29th and Forster of the 3rd: 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 persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements; to provide for drivers license fees; to provide for limited driving permits; to provide for the issuance of identification cards; to provide for issuance of a commercial drivers license; to provide for the contents of applications for commercial drivers licenses; to provide for the contents of commercial drivers licenses; to provide for commercial driving disqualifications; to provide for penalties for commercial driving violations; to provide for issuance of identification cards for persons with disabilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 1162. By Representative Jenkins of the 8th: A BILL to be entitled an Act to reincorporate and provide a new charter for the City of Sky Valley in Rabun 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 a city council; 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 rules and regulations; to provide for other matters 418 JOURNAL OF THE SENATE relative to the foregoing; to provide for severability; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1164. By Representative Hudson of the 124th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Warren County, approved February 4, 1993 (Ga. L. 1993, p. 3651), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3702), and by an Act approved May 30, 2003 (Ga. L. 2003, p. 3806), so as to revise the districts for the election of members of the board; to provide for the manner of election; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1166. By Representatives Williams of the 165th, Barnard of the 166th and Stephens of the 164th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Liberty County ad valorem taxes for county purposes, approved May 17, 2004 (Ga. L. 2004, p. 3818), so as to provide for certain restrictions to changing a propertys base year assessment; to provide that such exemption may transfer to a surviving spouse; 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 1167. By Representatives Williams of the 165th, Barnard of the 166th and Stephens of the 164th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Liberty County School District ad valorem taxes for educational purposes, approved May 17, 2004 (Ga. L. 2004, p. 3821), so as to provide for certain restrictions to changing a propertys base year assessment; to provide that such exemption may transfer to a surviving spouse; 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. TUESDAY, FEBRUARY 19, 2008 419 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 989 Do Pass by substitute SB 300 Do Pass by substitute Respectfully submitted, Senator Hill of the 4th District, Chairman Mr. President: The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 363 Do Pass SB 381 Do Pass SB 395 Do Pass SB 433 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 406 SB 421 Do Pass by substitute Do Pass 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: 420 JOURNAL OF THE SENATE SB 391 Do Pass by substitute Respectfully submitted, Senator Staton of the 18th 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 944 Do Pass HB 1033 Do Pass HB 1038 Do Pass SB 462 Do Pass SB 467 Do Pass Respectfully submitted, Senator Wiles of the 37th District, Chairman The following legislation was read the second time: SB 374 SB 400 SB 408 SB 443 SB 444 SR 140 SR 845 Senator Hamrick of the 30th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused. The following Senators were excused for business outside the Senate Chamber: Fort of the 39th Thomas of the 2nd Heath of the 31st Orrock of the 36th The roll was called and the following Senators answered to their names: Adelman Balfour Brown Bulloch Butler Carter Chance Chapman Cowsert Davenport Hawkins Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Jones Me V Bremen Moody Rogers Schaefer Seabaugh Seay Shafer,D Smith Staton Stoner Tarver Tate TUESDAY, FEBRUARY 19, 2008 421 Douglas Goggans Golden Grant Hamrick Harbison Harp Mullis Murphy Pearson Powell Ramsey Reed Thomas,D Thompson,C Thompson,S Unterman Weber Wiles Not answering were Senators: Fort (Excused) Orrock (Excused) Williams Heath (Excused) Thomas, R. (Excused) Johnson (Excused) Tolleson Senator Williams 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. Lieutenant Governor Cagle introduced the chaplain of the day, Dr. Rusty Newman of Snellville, Georgia, who offered scripture reading and prayer. Senator Wiles of the 37th introduced the doctor of the day, Dr. Mitzi Rubin. Senator Murphy of the 27th recognized Officer Jeff Reed, commended by SR 759, adopted previously. Officer Jeff Reed addressed the Senate briefly. Senator Murphy of the 27th recognized Captain Kelly McClendon of the Polk County Sheriff's Office, commended by SR 758, adopted previously. Captain Kelly McClendon addressed the Senate briefly. The following resolutions were read and adopted: SR 922. By Senator Orrock of the 36th: A RESOLUTION commending Mr. Varun Kumar Tah and other Atlanta Hilton Hotel Employees; and for other purposes. SR 923. By Senators Hawkins of the 49th and Murphy of the 27th: A RESOLUTION recognizing dental hygienists and Dental Hygienists Appreciation Day; and for other purposes. 422 JOURNAL OF THE SENATE SR 924. By Senators Hamrick of the 30th, Heath of the 31st, Chance of the 16th and Carter of the 13th: A RESOLUTION recognizing and commending the Georgia Crisis Intervention Team; and for other purposes. SR 925. By Senator Seabaugh of the 28th: A RESOLUTION recognizing February 23 through March 1, 2008, as Entrepreneurship Week at the capitol; and for other purposes. SR 926. By Senator Smith of the 52nd: A RESOLUTION commending the Leadership Rome Program; and for other purposes. SR 927. By Senators Tolleson of the 20th and Carter of the 13th: A RESOLUTION commending Ms. Bertie Mae Garrett as the Distinguished Senior Georgian for 2008; and for other purposes. SR 928. By Senators Brown of the 26th, Meyer von Bremen of the 12th and Harp of the 29th: A RESOLUTION recognizing and congratulating Mercer University on the occasion of its 175th anniversary; and for other purposes. SR 929. By Senators Brown of the 26th and Staton of the 18th: A RESOLUTION welcoming citizens and public officials from Macon and Bibb County, observing February 28, 2008, as Macon Day in Atlanta-Taste of Macon; recognizing the 2008 Cherry Blossom Festival; and for other purposes. SR 930. By Senators Carter of the 13th and Thomas of the 54th: A RESOLUTION recognizing Monday, February 25, 2008 as the kickoff for the 2008 Legislative Fitness Challenge; and for other purposes. SR 931. By Senator Harp of the 29th: A RESOLUTION recognizing BlazeSports America, Georgia Division, for its outstanding service to the State of Georgia and commending them on their TUESDAY, FEBRUARY 19, 2008 423 selection to host the 2008 National Prep Wheelchair Basketball Tournament; and for other purposes. SR 932. By Senators Harp of the 29th and Hill of the 4th: A RESOLUTION commending University System of Georgia Outstanding Scholar Zechariah Anderson of Georgia Southern University on Academic Recognition Day for 2008; and for other purposes. SR 933. By Senators Harp of the 29th and Hill of the 4th: A RESOLUTION commending University System of Georgia Outstanding Scholar James Lewis Metts of East Georgia College on Academic Recognition Day for 2008; and for other purposes. SR 934. By Senators Harp of the 29th and Tarver of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Mary Y. Truitt of Augusta State University on Academic Recognition Day for 2008; and for other purposes. SR 935. By Senators Harp of the 29th and Tarver of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Craig Robert Brooks of Medical College of Georgia on Academic Recognition Day for 2008; and for other purposes. SR 936. By Senators Harp of the 29th and Orrock of the 36th: A RESOLUTION commending University System of Georgia Outstanding Scholar Carolyn A. Graham of Atlanta Metropolitan College on Academic Recognition Day for 2008; and for other purposes. SR 937. By Senators Harp of the 29th and Hooks of the 14th: A RESOLUTION commending University System of Georgia Outstanding Scholar Cheryl D. Barnes of Fort Valley State University on Academic Recognition Day for 2008; and for other purposes. SR 938. By Senator Harp of the 29th: A RESOLUTION commending University System of Georgia Outstanding Scholar Gregory Alan Ryan of Georgia Southwestern State University on 424 JOURNAL OF THE SENATE Academic Recognition Day for 2008; and for other purposes. SR 939. By Senators Harp of the 29th and Davenport of the 44th: A RESOLUTION commending University System of Georgia Outstanding Scholar Julie June Kornder of Clayton State University on Academic Recognition Day for 2008; and for other purposes. SR 940. By Senators Harp of the 29th and Fort of the 39th: A RESOLUTION commending University System of Georgia Outstanding Scholar Jessica L. Ekhomu of Georgia State University on Academic Recognition Day for 2008; and for other purposes. SR 941. By Senators Harp of the 29th and Fort of the 39th: A RESOLUTION commending University System of Georgia Outstanding Scholar Lauren Courtney Miller of Georgia Institute of Technology on Academic Recognition Day for 2008; and for other purposes. SR 942. By Senators Harp of the 29th and Wiles of the 37th: A RESOLUTION commending University System of Georgia Outstanding Scholar Joshua Seth OHara of Kennesaw State University on Academic Recognition Day for 2008; and for other purposes. SR 943. By Senators Harp of the 29th and Stoner of the 6th: A RESOLUTION commending University System of Georgia Outstanding Scholar Robert McDonald of Southern Polytechnic State University on Academic Recognition Day for 2008; and for other purposes. SR 944. By Senators Harp of the 29th and Golden of the 8th: A RESOLUTION commending University System of Georgia Outstanding Scholar Mary Gunderson of Valdosta State University on Academic Recognition Day for 2008; and for other purposes. SR 945. By Senators Harp of the 29th and Jones of the 10th: A RESOLUTION commending University System of Georgia Outstanding Scholar Cherry A. Stokes of Georgia Perimeter College on Academic Recognition Day for 2008; and for other purposes. TUESDAY, FEBRUARY 19, 2008 425 SR 946. By Senators Harp of the 29th and Grant of the 25th: A RESOLUTION commending University System of Georgia Outstanding Scholar Erik Chambers of Georgia College & State University on Academic Recognition Day for 2008; and for other purposes. SR 947. By Senators Harp of the 29th and Thomas of the 2nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Mary S. Wood of Armstrong Atlantic State University on Academic Recognition Day for 2008; and for other purposes. SR 948. By Senators Harp of the 29th and Thomas of the 2nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Dominique Jackson of Savannah State University on Academic Recognition Day for 2008; and for other purposes. SR 949. By Senators Harp of the 29th and Harbison of the 15th: A RESOLUTION commending University System of Georgia Outstanding Scholar Laura M. Nunley of Columbus State University on Academic Recognition Day for 2008; and for other purposes. SR 950. By Senators Harp of the 29th and Goggans of the 7th: A RESOLUTION commending University System of Georgia Outstanding Scholar Krissie L. Barber of Waycross College on Academic Recognition Day for 2008; and for other purposes. SR 951. By Senators Harp of the 29th and Goggans of the 7th: A RESOLUTION commending University System of Georgia Outstanding Scholar Taylor D. Morgan of South Georgia College on Academic Recognition Day for 2008; and for other purposes. SR 952. By Senators Harp of the 29th and Smith of the 52nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Heather Ashley Deiters of Georgia Highlands College on Academic Recognition Day for 2008; and for other purposes. 426 JOURNAL OF THE SENATE SR 953. By Senators Harp of the 29th and Cowsert of the 46th: A RESOLUTION commending University System of Georgia Outstanding Scholar Deep J. Shah of the University of Georgia on Academic Recognition Day for 2008; and for other purposes. SR 954. By Senators Harp of the 29th and Hamrick of the 30th: A RESOLUTION commending University System of Georgia Outstanding Scholar Paul H. Tullis of the University of West Georgia on Academic Recognition Day for 2008; and for other purposes. SR 955. By Senators Harp of the 29th and Meyer von Bremen of the 12th: A RESOLUTION commending University System of Georgia Outstanding Scholar Amanda D. Faircloth of Darton College on Academic Recognition Day for 2008; and for other purposes. SR 956. By Senators Harp of the 29th and Chapman of the 3rd: A RESOLUTION commending University System of Georgia Outstanding Scholar Aleksandra Dunaeva of Coastal Georgia Community College on Academic Recognition Day for 2008; and for other purposes. SR 957. By Senators Harp of the 29th and Chance of the 16th: A RESOLUTION commending University System of Georgia Outstanding Scholar Tara L. Moye of Gordon College on Academic Recognition Day for 2008; and for other purposes. SR 958. By Senators Harp of the 29th and Bulloch of the 11th: A RESOLUTION commending University System of Georgia Outstanding Scholar Ana C. Baker of Bainbridge College on Academic Recognition Day for 2008; and for other purposes. SR 959. By Senators Harp of the 29th and Hawkins of the 49th: A RESOLUTION Commending University System of Georgia Outstanding Scholar Rachael Allison Jolley of North Georgia College & State University on Academic Recognition Day for 2008; and for other purposes. TUESDAY, FEBRUARY 19, 2008 427 SR 960. By Senators Harp of the 29th and Hawkins of the 49th: A RESOLUTION commending University System of Georgia Outstanding Scholar Jeffrey Lynn Hendricks of Gainesville State College on Academic Recognition Day for 2008; and for other purposes. SR 961. By Senators Harp of the 29th, Thomas of the 54th and Mullis of the 53rd: A RESOLUTION commending University System of Georgia Outstanding Scholar James Howard Abney of Dalton State College on Academic Recognition Day for 2008; and for other purposes. SR 962. By Senators Harp of the 29th and Meyer von Bremen of the 12th: A RESOLUTION commending University System of Georgia Outstanding Scholar Yoshana B. Jones of Albany State University on Academic Recognition Day for 2008; and for other purposes. SR 963. By Senators Harp of the 29th and Brown of the 26th: A RESOLUTION commending University System of Georgia Outstanding Scholar Maria Guadalupe Trejo of Macon State College on Academic Recognition Day for 2008; and for other purposes. SR 964. By Senators Harp of the 29th and Carter of the 13th: A RESOLUTION commending University System of Georgia Outstanding Scholar Christina Norton of Abraham Baldwin Agricultural College on Academic Recognition Day for 2008; and for other purposes. Senator Moody of the 56th was excused for business outside the Senate Chamber. 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 19, 2008 Nineteenth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) 428 SB 462 SB 467 HB 944 HB 1033 JOURNAL OF THE SENATE Schaefer of the 50th BANKS COUNTY A BILL to be entitled an Act to provide for an advisory referendum election to be held in Banks County for the purpose of ascertaining whether the form of government in Banks County should be changed from a three member commission to a five member commission and, if so, how such commission should be elected; to provide for procedures, requirements, and other matters relative thereto; to repeal conflicting laws; and for other purposes. Hooks of the 14th UPSON COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Upson County, approved February 1, 1877 (Ga. L. 1877, p. 3729), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4388), so as to provide for matters under the exclusive jurisdiction and control of the board of commissioners; to provide for the appointment of a county manager and county clerk; to provide for the duties and compensation for a county manager and county clerk; to provide for related matters; to repeal conflicting laws; and for other purposes. Moody of the 56th CITY OF ROSWELL A BILL to be entitled an Act to authorize the City of Roswell 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. Jackson of the 24th CITY OF EDGEHILL IN GLASCOCK COUNTY A BILL to be entitled an Act to provide a new charter for the City of Edgehill in Glascock County; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, TUESDAY, FEBRUARY 19, 2008 429 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 officers, agents, and personnel of the city; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes. HB 1038 Hamrick of the 30th Reed of the 35th CITY OF DOUGLASVILLE A BILL to be entitled an Act to authorize the City of Douglasville 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 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant E Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen E Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Tarver Y Tate Y Thomas,D E Thomas,R Y Thompson,C Y Thompson,S Tolleson Y Unterman 430 JOURNAL OF THE SENATE Y Hamrick Y Harbison Y Harp Y Hawkins Y Powell Y Ramsey Y Reed Y Rogers Y Weber Y Wiles Y Williams 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 TUESDAY, FEBRUARY 19, 2008 NINETEENTH LEGISLATIVE DAY SB 435 SB 181 SB 361 SB 373 SB 379 SB 387 SB 410 SB 411 Technical/Adult Education, Dept. of; change name to Technical College System of Georgia (H ED-29th) Motor Vehicles; provide imposition of fee by motor vehicle rental companies; definitions; procedures, conditions and limitations (Substitute)(FIN-13th) Georgia Credit Protection Act; provide definitions; credit reports; provide method of placing and removing security freeze (Substitute)(B&FI-21st) Peace Officers; emergency suspension of a peace officer's certification under circumstances; interviews for employment; modify requirements (PUB SAF-27th) Automatic Dialing/Recorded Message; prohibit use; provide exceptions; definitions; disclosure of information by live operations (Substitute)(AG&CA-1st) Absentee Ballots; allow electors to request/cast without stating a reason; allow electronic submission of requests by certain electors (ETHICS-18th) State Road/Tollway Authority; authorize to create a state congestion relief fund; community improvement districts (Substitute)(TRANS-6th) Contracts; design-build procedure; eliminate the cap for awarding (Substitute)(TRANS-19th) SB 429 TUESDAY, FEBRUARY 19, 2008 431 Agriculture, Dept. of; assigned functions; enforcement of state laws; control of infectious diseases in livestock; change provisions (AG&CA-11th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 435. By Senators Harp of the 29th, Cowsert of the 46th, Staton of the 18th, Chance of the 16th, Wiles of the 37th and others: 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 the name of the Department of Technical and Adult Education to the Technical College System of Georgia; to amend the Official Code of Georgia Annotated to change references to reflect such changes; 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen E Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Tate Y Thomas,D E Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber 432 JOURNAL OF THE SENATE Y Harbison Y Harp Y Hawkins Y Ramsey Y Reed Y Rogers Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 435, having received the requisite constitutional majority, was passed. Senator Bulloch of the 11th recognized the Future Farmers of America, commended by SR 817, adopted previously. Junior Chapman addressed the Senate briefly. Senator Unterman of the 45th recognized the Buford High School football team, commended by SR 851, adopted previously. Head Coach Jess Simpson addressed the Senate briefly. Senator Weber of the 40th was excused for business outside the Senate Chamber. The Calendar was resumed. SB 181. By Senator Carter of the 13th: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to provide for the imposition of a 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 Senate Finance Committee offered the following substitute to SB 181: A BILL TO BE ENTITLED AN ACT To amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to provide for the imposition of a 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. TUESDAY, FEBRUARY 19, 2008 433 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, is amended by adding a new Code section to read as follows: "40-2-167. (a) As used in this Code section, the term: (1) 'Motor vehicle rental company' means an individual or business entity whose primary business activity is renting motor vehicles to consumers under rental agreements for periods of 90 days or less. (2) 'Recoverable facility charges' means governmental and private concession fees, including airport concession fees, consolidated facility charges, and the fees and charges incurred thereon, actually paid by a motor vehicle rental company. (3) 'Recoverable fees and taxes' means costs incurred by a motor vehicle rental company to license, title, register, plate, and inspect rental motor vehicles and ad valorem taxes imposed in connection with the registration of rental motor vehicles. (4) 'Rental agreement' means an agreement under which a rental motor vehicle is rented or leased. (5) 'Rental motor vehicle' means a motor vehicle that is rented or leased without a driver. (b) Pursuant to a written rental agreement between a motor vehicle rental company and a rental customer, a motor vehicle rental company may include separately stated fees in a rental agreement, which may include, but shall not be limited to, recoverable facility charges and recoverable fees and taxes, as provided in this Code section. (c) If a motor vehicle rental company includes a charge for recoverable fees and taxes as a separately stated fee in a rental transaction, the amount of the charge shall represent the motor vehicle rental companys good faith estimate of the motor vehicle rental companys daily charge as calculated by the motor vehicle rental company to recover its actual total annual recoverable fees and taxes on its rental motor vehicle fleet for the corresponding calendar year. (d) If the total amount of the recoverable fees and taxes collected by a motor vehicle rental company under this Code section in any calendar year exceeds the motor vehicle rental companys actual recoverable fees and taxes for that calendar year, the motor vehicle rental company shall: (1) Retain the excess amount; and (2) Adjust the estimated average per vehicle fee for recoverable fees and taxes for the following calendar year by a corresponding amount. Nothing herein shall prevent a motor vehicle rental company from making adjustments to the per vehicle recoverable fees and taxes charge during the calendar year to reflect interim developments affecting the motor vehicle rental companys prior estimated per vehicle fee for such calendar year. (e) The recovery fee authorized by this Code section for recoverable fees and taxes 434 JOURNAL OF THE SENATE shall be subject to state and local sales and use tax in the manner and to the same extent as the fee charged for the lease or rental of the rental motor vehicle." 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 #1: Amend the committee substitute to SB 181 by adding on line 25, of page (2) of committee substitute a new Section (2) to read as follows; provided however that the recovery fee allowed by this Code Section shall be included in the rental company's quoted daily rate, and renumbering the remaining sections accordingly. Senators Smith of the 52nd, Thompson of the 33rd and Carter of the 13th offered the following amendment #1a: Amend amendment #1 to the committee substitute to SB 181 by striking lines 1-7 of page 1 after the word "by" adding in lieu thereof the following: Adding on page 2, line 24 after the word "vehicle" the following: provided that such fees are disclosed on the face of the contract in a conspicuous location and the lessee(s) initials their acknowledgment. On the adoption of the amendment, there were no objections, and the Smith et al. amendment #1a to the Thompson of the 33rd amendment #1 was adopted. On the adoption of the amendment, there were no objections, and the Thompson of the 33rd amendment #1 to the committee substitute was adopted as amended. On the adoption of the substitute, there were no objections, 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: TUESDAY, FEBRUARY 19, 2008 435 Y Adelman Y Balfour Y Brown Y Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Murphy Y Orrock Y Pearson N Powell Y Ramsey Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas,D E Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 2. SB 181, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Jack Murphy District 27 304-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Public Safety Appropriations Banking and Financial Institutions Economic Development Ethics Retirement Insurance and Labor Regulated Industries and Utilities Veterans, Military and Homeland Security The State Senate Atlanta, Georgia 30334 Please record me as yes on SB 181. Thanks. 436 JOURNAL OF THE SENATE /s/ Jack Murphy District 27 Senator Hill of the 4th was excused for business outside the Senate Chamber. SB 361. By Senators Rogers of the 21st, Hamrick of the 30th, Shafer of the 48th, Grant of the 25th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for definitions; to permit a consumer to place a security freeze on his or her credit report; to provide a method for placing and removing a security freeze; to provide exceptions; to prohibit the release of a credit report that is subject to a security freeze, except in certain instances; to allow certain fees to be charged in connection with a security freeze; to regulate changes to a credit report that is subject to a security freeze; to prohibit certain uses of a consumers personal information; to provide for enforcement; 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 361: A BILL TO BE ENTITLED AN ACT To amend Article 34 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to protection from identity theft, so as to provide for security freezes on consumer credit accounts; to provide for definitions; to provide for procedures for placing, removing, and temporarily lifting a security freeze; to provide for fees; to provide for a penalty for violations; to provide for notice to consumers; 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 34 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to identity theft, is revised by adding new Code sections to read as follows: "10-1-913. As used in this Code section and in Code Section 10-1-914, the term: (1) 'Consumer' means a natural person residing in this state. (2) 'Consumer credit report' means a 'consumer report' as defined in 15 U.S.C. TUESDAY, FEBRUARY 19, 2008 437 Section 1681a(d) that a consumer reporting agency furnishes to a person which it has reason to believe intends to use the information as a factor in establishing the consumers eligibility for credit to be used primarily for personal, family, or household purposes. (3) 'Consumer credit reporting agency' means any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer credit reports to third parties. (4) 'Normal business hours' means any day, between the hours of 8:00 A.M. and 9:30 P.M., Eastern Standard Time. (5) 'Person' means any individual, partnership, corporation, trust, estate, cooperative, association, government, or governmental subdivision or agency, or other entity. (6) 'Proper identification' means information generally deemed sufficient to identify a person for consumer reporting agency purposes under 15 U.S.C. Section 1681 et seq. (7) 'Security freeze' means a restriction placed on a consumer credit report at the request of the consumer that prohibits a consumer credit reporting agency from releasing all or any part of the consumers consumer credit report or any information derived from the consumers consumer credit report for a purpose relating to the extension of credit without the express authorization of the consumer. 10-1-914. (a) A consumer may place a security freeze on the consumers credit report by making a request in writing by certified mail to a consumer credit reporting agency. No later than August 1, 2008, a consumer credit reporting agency shall make available to consumers an Internet based method of requesting a security freeze and a toll-free telephone number for consumers to use to place a security freeze, temporarily lift a security freeze, or completely remove a security freeze. A security freeze shall prohibit, subject to exceptions in subsection (m) of this Code section, the consumer credit reporting agency from releasing the consumers credit report or credit score without the prior express authorization of the consumer as provided in subsection (d) or (e) of this Code section. Nothing in this subsection prevents a consumer credit reporting agency from advising a third party that a security freeze is in effect with respect to the consumers credit report. (b) A consumer credit reporting agency shall place a security freeze on a consumers credit report no later than three business days after receiving the consumers written request sent by certified mail. (c) The consumer credit reporting agency shall send a written confirmation of the security freeze to the consumer within ten business days of placing the security freeze and at the same time shall provide the consumer with a unique personal identification number or password, other than the consumers social security number, to be used by the consumer when providing authorization for the release of the consumers credit report for a specific period of time. 438 JOURNAL OF THE SENATE (d) If the consumer wishes to allow the consumers credit report to be accessed for a specific period of time while a security freeze is in place, the consumer shall contact the consumer credit reporting agency through the contact method established by the consumer credit reporting agency, request that the security freeze be temporarily lifted, and provide all of the following: (1) Proper identification; (2) The unique personal identification number or password provided by the consumer credit reporting agency pursuant to subsection (c) of this Code section; (3) The proper information regarding the time period for which the report shall be available to users of the consumer credit report; and (4) The proper payment as may be required by the consumer credit reporting agency. (e) A consumer credit reporting agency shall develop procedures involving the use of telephone, facsimile, the Internet, or other electronic media to receive and process a request from a consumer to temporarily lift a security freeze on a consumer credit report pursuant to subsection (d) of this Code section. (f) A consumer credit reporting agency that receives a request from a consumer to temporarily lift a security freeze on a consumer credit report pursuant to subsection (d) or (e) of this Code section shall comply with the request: (1) No later than three business days after receiving a written request; or (2) Within 15 minutes after the request and payment are received by telephone or electronically by the contact method chosen by the consumer reporting agency during normal business hours and the request includes the consumers proper identification, correct personal identification number or password, and the proper payment as may be required by the consumer credit reporting agency. (g) A consumer credit reporting agency shall only remove or temporarily lift a security freeze placed on a consumers credit report: (1) Upon the consumers request, in compliance with the requirements of this Code section; or (2) If the consumers credit report was frozen due to a material misrepresentation of fact by the consumer. If a consumer credit reporting agency intends to remove a security freeze upon a consumers credit report pursuant to this paragraph, the consumer credit reporting agency shall notify the consumer in writing prior to removing the security freeze on the consumers credit report. (h) If a third party requests access to a consumer credit report on which a security freeze is in effect and this request is in connection with an application for credit or any other use related to the extension of credit and the consumer does not allow the consumers credit report to be accessed for that specific period of time, the third party may treat the application as incomplete. (i) If a consumer requests a security freeze pursuant to this Code section, the consumer credit reporting agency shall disclose to the consumer the process of placing and temporarily lifting a security freeze and the process for allowing access to information from the consumers credit report for a specific period of time while the security freeze is in place. TUESDAY, FEBRUARY 19, 2008 439 (j) A security freeze shall remain in place until the consumer requests that the security freeze be removed. A consumer credit reporting agency shall remove a security freeze within three business days of receiving a request for removal from the consumer. The consumer shall provide all of the following: (1) Proper identification; (2) The unique personal identification number or password provided by the consumer credit reporting agency pursuant to subsection (c) of this Code section; and (3) The proper fee as may be required by the consumer credit reporting agency. (k) A consumer credit reporting agency shall require proper identification of the person making a request to place, temporarily lift, or remove a security freeze. (l) By way of example only, and not intending to be exclusive, the provisions of this Code section shall not apply to the use of a consumer credit report by any of the following: (1) A person, or the persons subsidiary, affiliate, agent, subcontractor, or assignee with whom the consumer has, or prior to assignment had, an account, contract, or debtor-creditor relationship for the purposes of reviewing the active account or collecting the financial obligation owing for the account, contract, or debt; (2) A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted under subsection (d) of this Code section for purposes of facilitating the extension of credit or other permissible use; (3) Any person acting pursuant to a court order, warrant, or subpoena; (4) A state or local agency, or its agents or assigns, which administers a program for establishing and enforcing child support obligations; (5) A state or local agency, or its agents or assigns, acting to investigate fraud, including Medicaid fraud; acting to investigate or collect delinquent taxes or assessments, including interest, penalties, and unpaid court orders; or acting to fulfill any of its other statutory responsibilities; (6) A federal, state, or local governmental entity, including a law enforcement agency, court, or its agents or assigns; (7) Any person for the use of a credit report for purposes permitted under 15 U.S.C. Section 1681b(c); (8) Any person for the sole purpose of providing a credit file monitoring subscription service to which the consumer has subscribed; (9) Any person for the purpose of providing a consumer with a copy of the consumers credit report or credit score upon the consumers request; (10) Any depository financial institution for checking, savings, and investment accounts; or (11) Any person or entity for insurance purposes, including use in setting or adjusting a rate, adjusting a claim, or underwriting. (m) If a security freeze is in place, a consumer credit reporting agency shall not change any of the following official information in a credit report without providing at least 30 days prior written notice to the consumer at his or her last known address: name, date of birth, social security number, and address. Written notice is not required for 440 JOURNAL OF THE SENATE technical modifications of a consumers official information, including name and street abbreviations, complete spellings, or transposition of numbers or letters. In the case of an address change, the written notice shall be sent to both the new address and the former address. (n) The following persons shall not be required to place a security freeze in a consumer credit report pursuant to this Code section; provided, however, that any person that shall not be required to place a security freeze on a consumer credit report under the provisions of paragraph (3) of this subsection shall be subject to any security freeze placed on a consumer credit report by another consumer credit reporting agency from which it obtains information: (1) A check services or fraud prevention services company, including reports on incidents of fraud, or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payment; (2) A deposit account information service company, which issues reports regarding account closures due to fraud, substantial overdrafts, automated teller machine abuse, or other similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution; (3) Resellers of consumer credit report information that assemble and merge information contained in a data base of one or more consumer credit reporting agencies and do not maintain a permanent data base of consumer credit information from which new consumer credit reports are produced; or (4) A consumer credit reporting agencys data base or file which consists of information concerning, and used for, one or more of the following: criminal record information, fraud prevention or detection, personal claim loss history information, and employment, tenant, or individual background screening. (o) This Code section shall not prevent a consumer credit reporting agency from charging a fee of no more than $3.00 to a consumer for each security freeze placement or for temporarily lifting a security freeze more than twice in a calendar year. A consumer reporting agency may not charge a consumer to temporarily lift a security freeze twice in each calendar year or permanently remove a security freeze. However, a consumer credit reporting agency may not charge any fee to a victim of identity theft who has submitted a copy of a valid investigative or incident report or complaint with a law enforcement agency about the unlawful use of the victims identifying information by another person that was filed with the law enforcement agency. A consumer credit reporting agency may charge a fee of no more than $5.00 to a consumer for each replacement of a unique personal identification number or password. (p) Exclusive of all other remedies that may be imposed, any person who willfully fails to comply with any requirement imposed under this Code section with respect to any consumer is liable to that consumer in an amount equal to the sum of: (1)(A) Any actual damages sustained by the consumer as a result of the failure or damages of not less than $100.00 and not more than $1,000.00; or (B) In the case of liability of a natural person for obtaining a consumer report under TUESDAY, FEBRUARY 19, 2008 441 false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000.00, whichever is greater; (2) Such amount of punitive damages as the court may allow; and (3) In the case of any successful action to enforce any liability under this Code section, the costs of the action together with reasonable attorneys fees as determined by the court. (q) Any person who is negligent in failing to comply with any requirement imposed under this Code section with respect to any consumer is liable to that consumer in an amount equal to the sum of: (1) Any actual damages sustained by the consumer as a result of the failure; and (2) In the case of any successful action to enforce any liability under this Code section, the costs of the action together with reasonable attorneys fees as determined by the court. (r) Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this Code section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. 10-1-915. At any time that a consumer is required to receive a summary of rights required by 15 U.S.C. Section 1681g(d) of the federal Fair Credit Reporting Act, the consumer shall also be provided with the following notice: 'Georgia Consumers Have the Right to Obtain a Security Freeze. You have a right to place a "security freeze" on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization. A security freeze must be requested in writing by certified mail or by electronic means as provided by a consumer reporting agency. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. If you are actively seeking a new credit, loan, utility, telephone, or insurance account, you should understand that the procedures involved in lifting a security freeze may slow your applications for credit. You should plan ahead and lift a freeze in advance of actually applying for new credit. When you place a security freeze on your credit report, you will be provided a personal identification number or password to use if you choose to remove the freeze on your credit report or authorize the release of your credit report for a period of time after the freeze is in place. To provide that authorization you must contact the consumer reporting agency and provide all of the following: (1) The personal identification number or password. (2) Proper identification to verify your identity. (3) The proper information regarding the period of time for which the report shall 442 JOURNAL OF THE SENATE be available. A consumer reporting agency must authorize the release of your credit report no later than fifteen (15) minutes after receiving the above information. A security freeze does not apply to a person or entity, or its affiliates, or collection agencies acting on behalf of the person or entity, with which you have an existing account, that requests information in your credit report for the purposes of reviewing or collecting the account. Reviewing the account includes activities related to account maintenance. You have a right to bring civil action against anyone, including a consumer reporting agency, who improperly obtains access to a file, knowingly or willfully misuses file data, or fails to correct inaccurate file data. Unless you are a victim of identity theft with a police report or other official document acceptable to a consumer reporting agency to verify the crimes, a consumer reporting agency has the right to charge you up to three dollars ($3.00) to place a freeze on your credit report, but may not charge you to temporarily lift a freeze on your credit report twice each year or to remove a freeze from your credit report.'" SECTION 2. This Act shall become effective on August 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Rogers of the 21st offered the following amendment #1: Amend the substitute to SB 361 by substituting the following for line 32 on page 5: a reasonable fee, that is based on the actual cost to the consumer credit reporting agency as determined by the commissioner of banking and finance, to a consumer for each security freeze placement or for By adding the following after "calendar year." on line 33 on page 5: Any consumer who is 65 or older shall not be charged a fee for a security freeze placement. By substituting the following for lines 23 and 24 on page 7: to verify the crimes, or you are 65 or older, a consumer reporting agency has the right to charge you a reasonable fee, as determined by the commissioner of banking and finance, to place a freeze on your credit report, but may not charge you to TUESDAY, FEBRUARY 19, 2008 443 Senator Rogers of the 21st offered following amendment #1a: Amend amendment #1 to the committee substitute to SB 361 by substituting "does not exceed" for "is based on" 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 Y Balfour N Brown Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert N Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant N Hamrick Y Harbison Y Harp Y Hawkins E Heath N Henson E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson N Jones Y Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey Y Reed Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver N Tate Thomas,D E Thomas,R Y Thompson,C Thompson,S Y Tolleson N Unterman E Weber Y Wiles Y Williams On the adoption of the amendment, the yeas were 37, nays 11, and the Rogers amendment #1a to amendment #1 was adopted. Senator Jones of the 10th offered following amendment #1b: Amend amendment # 1 to the committee substitute to SB 361 by adding line 10: Cost shall not exceed $3.00 On the adoption of the amendment, the yeas were 21, nays 27, and the Jones amendment #1b to amendment #1 was lost. On the adoption of the amendment, there were no objections, and the Rogers amendment #1 to the committee substitute was adopted as amended. 444 JOURNAL OF THE SENATE Senator Rogers of the 21st offered the following amendment #2: Amend the substitute to SB 361 by deleting "or" at the end of line 11 on page 3, by substituting "; or" for the period at the end of line 16 on page 3, and by adding the following between lines 16 and 17 on page 3: (3) A consumer reporting agency need not remove a security freeze within 15 minutes as required by this subsection if such removal is prevented by: (A) An act of God, including fire, earthquakes, hurricanes, storms, or similar natural disasters or phenomena; (B)Unauthorized or illegal acts by a third party, including terrorism, sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or similar occurrence; (C) Operational interruption, including electrical failure, unanticipated delay in equipment or replacement part delivery, computer hardware or software failures inhibiting response time, or similar disruption; or (D) Governmental action, including emergency orders or regulations, judicial or law enforcement action, or similar directives. On the adoption of the amendment, there were no objections, and the Rogers amendment #2 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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 Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert N Davenport Y Douglas Y Fort Goggans Y Golden Y Grant E Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Jackson Y Johnson N Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D E Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman TUESDAY, FEBRUARY 19, 2008 445 Y Hamrick Y Harbison Y Harp Y Hawkins Y Powell Y Ramsey Y Reed Y Rogers E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 4. SB 361, having received the requisite constitutional majority, was passed by substitute. At 12:05 p.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. Senator Thompson of the 33rd gave notice that at the proper time he would move that the Senate reconsider its action on SB 361. The following Senators were excused for business outside the Senate Chamber: Carter of the 13th Chance of the 16th The Calendar was resumed. SB 373. By Senators Murphy of the 27th, Grant of the 25th, Mullis of the 53rd, Rogers of the 21st and Douglas of the 17th: A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to provide for the emergency suspension of a peace officers certification under limited circumstances; to modify certain requirements pertaining to officer interviews for employment; to change references consistent with the modification; 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 E Heath Y Henson Y Hill,Jack Y Hill,Judson Y Schaefer Y Seabaugh Y Seay Shafer,D 446 JOURNAL OF THE SENATE Y Butler E Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Ramsey Reed Y Rogers Y Smith Y Staton Y Stoner Y Tarver Tate Y Thomas,D E Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 0. SB 373, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator David Shafer District 48 421 State Capitol Atlanta, GA 30334 Committees: Regulated Industries and Utilities Insurance and Labor Finance Banking and Financial Institutions Reapportionment and Redistricting Health and Human Services Rules Science and Technology Dear Mr. Secretary, The State Senate Atlanta, Georgia 30334 February 19, 2008 Please record me as having voted in favor of Senate Bill 373. Respectfully submitted, /s/ David Shafer State Senator, District 48 TUESDAY, FEBRUARY 19, 2008 447 Senator Golden of the 8th was excused for business outside the Senate Chamber. SB 379. By Senators Johnson of the 1st, Hooks of the 14th, Meyer von Bremen of the 12th, Pearson of the 51st, Smith of the 52nd 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 prohibit the use of automatic dialing and recorded message equipment; to provide for certain exceptions; to provide for definitions; to provide requirements for disclosure of information by live operators; to provide for the time of day during which automatic dialing and recorded message equipment may be used; to provide for the issuance of permits for connecting any automatic dialing and recorded message equipment; to provide for the suspension and revocation of such permits; to provide for penalties; to provide identification requirements for any person or entity making a telephone solicitation; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Agriculture and Consumer Affairs Committee offered the following substitute to SB 379: 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 prescribe the manner in which automatic dialing and recorded message equipment shall be used; to provide for definitions; to provide for certain exceptions; to provide requirements for disclosure of information by live operators; to provide for the time of day during which automatic dialing and recorded message equipment may be used; to provide for the issuance of permits for connecting any automatic dialing and recorded message equipment; to provide for the suspension and revocation of such permits; to provide for penalties; to provide identification requirements for any person or entity making a telephone solicitation; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by revising Code Section 46-5-23, relating to use of automatic dialing and recorded message (ADAD) equipment, in its entirety as follows: "46-5-23. (a) As used in this Code section, the term: 448 JOURNAL OF THE SENATE (1) 'ADAD equipment' means any device or system of devices which is used, whether alone or in conjunction with other equipment or with a live operator, for the purpose of automatically selecting or dialing telephone numbers and disseminating prerecorded messages to the numbers so selected or dialed or for the purpose of disseminating any prerecorded messages to any numbers selected or dialed by any means. (2) 'Caller' means a person, corporation, firm, partnership, association, or legal or commercial entity that attempts to contact, or that contacts, a subscriber in this state by using a telephone or a telephone line. (3) 'Established business relationship' means a relationship between a seller and consumer based on a free trial newspaper subscription, the consumers purchase, rental, or lease of the sellers goods or services, or a financial transaction between the consumer and seller within the 24 months immediately preceding the date of a telemarketing call. (4) 'Message' means any telephone call, including voice, text, or other electronic communication, regardless of its content. (5) 'Subscriber' means a person who has subscribed to a residential telephone line or the other persons living or residing with the subscribing person. (6) 'Telephone line' means a telephone service to a subscriber regardless of the technology used to provide such service, including 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 telephone service. (b) A caller shall not use or connect to a telephone line any ADAD equipment unless the subscriber has knowingly and expressly requested, consented to, permitted, or authorized receipt of the message or the message is immediately preceded by a live operator who obtains the subscribers express consent before the message is delivered. This subsection and subsection (e) of this Code section shall not apply to a message from a public safety agency notifying a person of an emergency; a message from a school district to a student, a parent, or an employee; a message to a subscriber with whom the caller has an established business relationship; or a message advising an employee of a work schedule. (c) When the message is immediately preceded by a live operator, the operator must disclose at the outset of the message: (1) The name of the person, business, firm, organization, association, partnership, or entity for which the message is being made; (2) The purpose of the message; (3) If applicable, the identity or kinds of goods or services the message is promoting; and (4) If applicable, the fact that the message intends to solicit payment or commitment of funds. (d) A caller may not use any ADAD equipment unless the device is designed and operated so as to disconnect within ten seconds after termination of the telephone call TUESDAY, FEBRUARY 19, 2008 449 by the subscriber. A caller may not use ADAD equipment that uses a random or sequential number generator unless the device is designed and operated so as to exclude calls to the following telephone numbers: (1) Emergency telephone numbers, including 9-1-1, of any hospital, medical physician, health care facility, ambulance or emergency medical provider, fire protection facility, or law enforcement agency; (2) Any guest room or patient room of a hospital, health care facility, elderly care home, or similar establishment; (3) A paging service, a cellular telephone service, a specialized mobile radio service, or any service for which the called party is charged for the call; and (4) The telephone numbers maintained on the list established pursuant to Code Section 46-5-27. (e) A caller may not use any ADAD equipment before 8:00 A.M. or after 9:00 P.M. at the subscribers location. (f) Pursuant to Code Section 46-5-24, a caller making use of a 976 number shall not use any ADAD equipment. (g) The Governors Office of Consumer Affairs shall be authorized and empowered to receive complaints regarding the use of ADAD equipment in violation of this Code section. The administrator appointed pursuant to subsection (g) of Code Section 10-1395 shall have the authority to investigate any complaints regarding the use of ADAD equipment in violation of this Code section and to initiate proceedings, pursuant to Code Section 10-1-397, relating to a knowing violation or threatened knowing violation of this Code section. Such proceedings include without limitation proceedings to issue a cease and desist order, to issue an order imposing a civil penalty up to a maximum of $2,000.00 for each knowing violation, and to seek additional relief in any superior court of competent jurisdiction. Such actions shall be brought in the name of the state. The provisions of Code Sections 10-1-398, 10-1-398.1, and 10-1-405 shall apply to proceedings initiated by the administrator under this subsection. The administrator is authorized to issue investigative demands, issue subpoenas, administer oaths, and conduct hearings in the course of investigating a violation of this Code section in accordance with the provisions of Code Sections 10-1-403 and 10-1-404. (h) Any person who has received more than one call using ADAD equipment within any 12 month period by or on behalf of the same person or entity in violation of this Code section may bring an action to enjoin such violation; bring an action to recover for actual monetary loss from such knowing violation or to receive up to $2,000.00 in damages for each such knowing violation, whichever is greater; or bring both such actions. (i) No action or proceeding may be brought under subsection (g) or (h) of this Code section: (1) More than two years after the person bringing the action knew or should have known of the occurrence of the alleged violation; or (2) More than two years after the termination of any proceeding or action by the State of Georgia, whichever is later. 450 JOURNAL OF THE SENATE (j) A court of this state may exercise personal jurisdiction over any nonresident or his or her executor or administrator as to an action or proceeding authorized by this Code section in accordance with the provisions of Code Section 9-10-91. (k) Any person who violates any provision of this Code section shall be guilty of a misdemeanor." SECTION 2. Said chapter is further amended by adding a new Code section to read as follows: "46-5-23.1. (a) It shall be unlawful for any person to connect any ADAD equipment, as that term is defined in Code Section 46-5-23, to any telephone line in this state for the purpose of making telephone calls to persons in this state through the use of ADAD equipment unless a permit has been issued for such ADAD equipment by the commission. Any person desiring to use ADAD equipment in this state shall make application for a permit to the commission on forms prescribed by the commission and shall pay a fee as prescribed by the commission for such permit. Permits shall be renewed biennially as prescribed by the commission and upon payment of a renewal fee. The fees charged shall cover the administrative cost for the issuance of such permits. Permits shall be subject to suspension or revocation for any violation of Code Section 46-5-22, 46-5-23, 46-5-24, 46-5-25, or 46-5-27. (b) The commission shall enforce this Code section, and the commission shall require local exchange companies to file with the commission appropriate tariff revisions to implement this subsection. Any person who operates or utilizes ADAD equipment in violation of the provisions of this Code section or Code Section 46-5-22, 46-5-23, 46-524, 46-5-25, or 46-5-27 shall be subject to disconnection of telephone service if the violation does not cease within ten days from the date of notification to such person by the local exchange company. The tariff revisions filed by local exchange companies shall provide for the giving of such notification by local exchange companies and for such disconnection of service." SECTION 3. Said chapter is further amended by revising paragraph (1) of subsection (g) of Code Section 46-5-27, relating to telephone solicitations and required identification, as follows: "(1) Any person or entity who makes a telephone solicitation to the telephone line of any residential, mobile, or wireless subscriber in this state shall, at the beginning of such call, state clearly the identity of the person or entity initiating the call the true first and last name, telephone number, and city and state of location of the person initiating the call and the name of the entity on whose behalf the telephone solicitation is made." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. TUESDAY, FEBRUARY 19, 2008 451 Senators Rogers of the 21st, Tolleson of the 20th and Staton of the 18th offered the following amendment #1: Amend the committee substitute to SB 379 by inserting on page 2 line 19 after the word "district" insert ", or a school," On the adoption of the amendment, there were no objections, and the Rogers et al. amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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 N Butler E Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison N Harp Y Hawkins E Heath Y Henson Y Hill,Jack N Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody N Mullis N Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh N Seay N Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D E Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber N Wiles Y Williams On the passage of the bill, the yeas were 40, nays 9. SB 379, having received the requisite constitutional majority, was passed by substitute. Senator Johnson of the 1st was excused for business outside the Senate Chamber. 452 JOURNAL OF THE SENATE SB 387. By Senators Staton of the 18th, Chance of the 16th, Wiles of the 37th, Harp of the 29th, Moody of the 56th and others: A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee ballots, so as to allow electors to request and cast absentee ballots without stating a reason for doing so; to allow the electronic submission of absentee ballot requests by certain electors; to require registrars and absentee ballot clerks to determine the eligibility of electors to vote by absentee ballot; to provide for the safekeeping of absentee ballots; 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 Carter Y Chance Y Chapman Y Cowsert N Davenport Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Harp Y Hawkins E Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson N Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D E Thomas,R Y Thompson,C N Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 3. SB 387, having received the requisite constitutional majority, was passed. TUESDAY, FEBRUARY 19, 2008 453 SB 410. By Senators Stoner of the 6th, Williams of the 19th, Seay of the 34th, Pearson of the 51st and Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 32-10-63 of the Official Code of Georgia Annotated, relating to powers of the State Road and Tollway Authority, so as to authorize the creation of a state congestion relief fund to be used for projects initiated by community improvement districts; 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 410: A BILL TO BE ENTITLED AN ACT To amend Code Section 32-10-63 of the Official Code of Georgia Annotated, relating to powers of the State Road and Tollway Authority, so as to authorize the creation of a state congestion relief fund to be used for projects initiated by community improvement districts; 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 32-10-63 of the Official Code of Georgia Annotated, relating to powers of the State Road and Tollway Authority, is amended by removing "and" from the end of paragraph (14), renumbering paragraph (15) as paragraph (16), and inserting a new paragraph (15) as follows: "(15) To promulgate rules and regulations, subject to available funding, for the creation of a state congestion relief fund to be used for projects initiated by community improvement districts throughout the state. In order to qualify for funds under this paragraph, a community improvement district shall demonstrate that it is able to provide funds to match the amount requested from the state congestion relief fund. The application for requesting a grant of state congestion relief funds shall be promulgated by the authority and shall require, among other items, a detailed analysis of how the project will alleviate traffic congestion and a specific method by which the community improvement district intends to raise the necessary matching funds; and" SECTION 2. This Act shall become effective on July 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. 454 JOURNAL OF THE SENATE On the adoption of the substitute, there were no objections, 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 Carter Y Chance N Chapman Y Cowsert Y Davenport N Douglas N Fort N Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D N Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas,D E Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 44, nays 7. SB 410, having received the requisite constitutional majority, was passed by substitute. SB 411. By Senators Williams of the 19th, Seay of the 34th, Mullis of the 53rd, Pearson of the 51st and Stoner of the 6th: A BILL to be entitled an Act to amend Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to the procedure for awarding designbuild contracts, so as to eliminate the cap for awarding contracts under the design-build procedure; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. TUESDAY, FEBRUARY 19, 2008 455 The Senate Transportation Committee offered the following substitute to SB 411: A BILL TO BE ENTITLED AN ACT To repeal Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to the procedure for awarding design-build contracts; to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to enact the "Transportation Alternative Delivery Act"; to allow for an alternative delivery method for contracts; to define certain terms; to provide for the awarding of construction contracts by competitive bid or competitive proposal; to authorize the promulgation of rules and regulations; to require the Department of Transportation to report to the General Assembly on its progress in utilizing design-build procedures; 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. Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to the procedure for awarding design-build contracts, is repealed and designated as "Reserved." "32-2-81. (a) As used in this Code section, the term 'design-build procedure' means a method of contracting under which the department contracts with another party for the party to both design and build the structures, facilities, and other items specified in the contract. (b) The department may use the design-build procedure for buildings, bridges and approaches, rail corridors, and limited or controlled access projects or projects that may be constructed within existing rights of way where the scope of work can be clearly defined or when a significant savings in project delivery time can be attained. (c) When the department determines that it is in the best interests of the public, the department may combine any or all of the environmental services, right of way services, design services, and construction phases of a public road or other transportation purpose project into a single contract using a design-build procedure. Design-build contracts may be advertised and awarded notwithstanding the requirements of paragraph (1) of subsection (d) of Code Section 32-2-61. However, construction activities may not begin on any portion of such projects until title to the necessary rights of way and easements for the construction of that portion of the project has vested in the state or a local governmental entity and all railroad crossing and utility agreements have been executed. (d) The department shall adopt by rule procedures for administering design-build contracts. Such procedures shall include, but not be limited to: (1) Prequalification requirements; (2) Public advertisement procedures; 456 JOURNAL OF THE SENATE (3) Scope of service requirements; (4) Letters of interest requirements; (5) Request for proposals. Requests for proposal shall include the applicable percentage to be applied to each evaluation criterion and the relative weight to be assigned to each; (6) Criteria for evaluating technical information and project costs; (7) Criteria for selection and award process, provided that the rules shall specify that the criteria for selection shall consist of the following minimum two components: (A) A statement of qualifications from which the department will determine a list of qualified firms for the project; and (B) From the list of qualified firms as provided in subparagraph (A) of this paragraph, a price proposal from each firm from which the department shall select the lowest qualified bidder; provided, however, that a proposal will only be considered nonresponsive if it does not contain all the information and level of detail requested in the request for proposal. A proposal shall not be deemed to be nonresponsive solely on the basis of minor irregularities in the proposal that do not directly affect the ability to fairly evaluate the merits of the proposal. Notwithstanding the requirements of Code Section 36-91-21, under no circumstances shall the department use a 'best and final offer' standard in awarding a contract. The department may provide for a stipulated fee to be awarded to the short list of qualified proposers who provide a responsive, successful proposal. In consideration for paying the stipulated fee, the department may use any ideas or information contained in the proposals in connection with the contract awarded for the project, or in connection with a subsequent procurement, without obligation to pay any additional compensation to the unsuccessful proposers; (8) Identification of those projects that the department believes are candidates for design-build contracting, with the understanding that in general this type of contract should have minimal right of way or utility issues which are unresolved; provided, however, the failure of the department to identify such projects does not prevent the department from using design-build contracting in extraordinary circumstances including emergency work, unscheduled projects, or where loss of funding might occur; and (9) Criteria for resolution of contract issues. The department may adopt a method for resolving issues and disputes through negotiations at the project level by the program manager up to and including a dispute review board procedure with final review by the commissioner or his or her designee. Regardless of the status or disposition of the issue or dispute, the design-builder and the department shall continue to perform their contractual responsibilities. The department shall have the authority to suspend or provide for the suspension of Section 108 of the departments standard specifications pending final resolution of such contract issues and disputes. This paragraph does not prevent an aggrieved party from seeking judicial review. (e) The department must receive at least three letters of interest in order to proceed with a request for proposals. The department shall request proposals from no fewer than TUESDAY, FEBRUARY 19, 2008 457 three of the design-build firms submitting letters of interest. If a design-build firm withdraws from consideration after the department requests proposals, the department may continue if at least two proposals are received. (f) In contracting for design-build projects, the department shall be limited to contracting for no more than 15 percent of the total amount of construction projects awarded in the previous fiscal year. (g) Not later than 90 days after the end of the fiscal year, the department shall provide to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and chairmen of the House and Senate Transportation Committees a summary containing all the projects awarded during the fiscal year using the design-build contracting method. Included in the report shall be an explanation for projects awarded to other than the low bid proposal. This report shall be made available for public information Reserved." SECTION 2. Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, is amended by adding a new article to read as follows: "ARTICLE 5 32-2-90. This article shall be known and may be cited as the 'Transportation Alternative Delivery Act.' 32-2-91. As used in this article, the term: (1) 'Alternative project delivery method' includes, but is not limited to, contracting procedures utilizing: (A) Competitive sealed bidding, a method of soliciting contracts where the award is based upon the lowest responsive, responsible bid; (B) Competitive sealed proposals, a method of soliciting contracts where the award is based upon evaluation criteria identified in a request for proposals which may or may not include price, cost, or fees as part of the evaluation criteria; (C) Construction management of risk, a project delivery method in which the department contracts for design and construction separately. This project delivery method can accommodate overlapping of the project phases and allows for early award of the construction package when the phased construction documents are complete. The design risk is allocated to the designer, and the construction risk is allocated to the Construction Manager/General Contractor ('CM/GC') at the time of selection; or (D) Design-build construction, a project delivery method where the design builder is responsible for the design and construction of the project. (2) 'Design-bid-build construction' means a project delivery method in which the 458 JOURNAL OF THE SENATE department contracts sequentially with separate entities for the design and construction of a project. The general construction contract is awarded after the design is completed. 32-2-92. (a) The department shall be authorized to use any alternative project delivery method authorized under this article for the construction of buildings, public roads, bridges, and other transportation projects. This shall include the combining of any or all of the environmental services, permitting, right of way services, design services, and construction phases of a public road or other transportation project in order to expedite delivery of such project. (b) Where the use of any alternative project delivery method involves the expenditure of federal assistance or funds, the receipt of which is conditioned upon compliance with federal laws or regulations regarding the procedures for awarding the contract, the department shall comply with such federal requirements and shall not be required to comply with the provisions of this article that differ from the federal requirements. The department shall provide notice that federal procedures exist for the award of such contracts in the advertisement. The availability and location of such federal requirements shall be provided to any person requesting such information. 32-2-93. The department shall be authorized to promulgate rules and regulations governing the alternative project delivery methods which are consistent with the purposes of this article. 32-2-94. Beginning in fiscal year 2009, the department shall annually report to the Governor, Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House and Senate Transportation Committees on its progress in identifying suitable projects for using the design-build construction procedure or other alternative delivery methods. The report shall include the progress on each of the identified projects and shall be provided not later than 90 days after the end of the fiscal year." SECTION 3. This Act shall become effective on July 1, 2008. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. TUESDAY, FEBRUARY 19, 2008 459 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Heath Y Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D E Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. SB 411, having received the requisite constitutional majority, was passed by substitute. SB 429. By Senators Bulloch of the 11th, Goggans of the 7th, Douglas of the 17th, Heath of the 31st and Hudgens of the 47th: A BILL to be entitled an Act to provide for enforcement of state laws pertaining to functions assigned to the Department of Agriculture; to provide for certain other enforcement powers of department employees; to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to redesignate and change certain provisions relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally; to repeal conflicting laws; and for other purposes. 460 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D E Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. SB 429, having received the requisite constitutional majority, was passed. The following resolution was read and put upon its adoption: SR 981. 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 2008 regular session of the General Assembly for the period of February 19, 2008, through March 4, 2008, shall be as follows: Tuesday, February 19 . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 19 Wednesday, February 20 . . . . . . . . . . . . . . . . . . . . in session for legislative day 20 TUESDAY, FEBRUARY 19, 2008 461 Thursday, February 21 . . . . . . . . . . . . . . . . . . . . . in session for legislative day 21 Friday, February 22 . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 22 Saturday, February 23 . . . . . . . . . . . . . . . . . . . . . . in adjournment Sunday, February 24 . . . . . . . . . . . . . . . . . . . . . . . in adjournment Monday, February 25 . . . . . . . . . . . . . . . . . . . . . . .in adjournment Tuesday, February 26 . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 23 Wednesday, February 27 . . . . . . . . . . . . . . . . . . . . in session for legislative day 24 Thursday, February 28 . . . . . . . . . . . . . . . . . . . . . in session for legislative day 25 Friday, February 29 . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 26 Saturday, March 1 . . . . . . . . . . . . . . . . . . . . . . . . . in adjournment Sunday, March 2 . . . . . . . . . . . . . . . . . . . . . . . . . . in adjournment Monday, March 3 . . . . . . . . . . . . . . . . . . . . . . . . . .in adjournment Tuesday, March 4 . . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 27 BE IT FURTHER RESOLVED that on and after March 4, 2008, the periods of adjournment of the 2008 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2008 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday. BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House. On the adoption of the resolution, there were no objections, and SR 981 was adopted. Senator Williams of the 19th moved that the Senate adjourn until 10:00 a.m. Wednesday, February 20, 2008. The motion prevailed, and the President announced the Senate adjourned at 2:24 p.m. 462 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, February 20, 2008 Twentieth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. Senator Douglas of the 17th was excused for business outside the Senate Chamber. Senator Thompson of the 33rd moved that the Senate reconsider its action in passing the following bill. SB 361. By Senators Rogers of the 21st, Hamrick of the 30th, Shafer of the 48th, Grant of the 25th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for definitions; to permit a consumer to place a security freeze on his or her credit report; to provide a method for placing and removing a security freeze; to provide exceptions; to prohibit the release of a credit report that is subject to a security freeze, except in certain instances; to allow certain fees to be charged in connection with a security freeze; to regulate changes to a credit report that is subject to a security freeze; to prohibit certain uses of a consumers personal information; to provide for enforcement; to provide for related matters; to provide an effective date; 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 N Bulloch Y Butler N Carter N Chance N Chapman N Cowsert Y Davenport E Douglas N Heath Y Henson N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Jackson N Johnson Y Jones Y Me V Bremen N Moody N Schaefer N Seabaugh Y Seay N Shafer,D N Smith N Staton Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R WEDNESDAY, FEBRUARY 20, 2008 463 Y Fort N Goggans Y Golden N Grant Y Hamrick Y Harbison N Harp N Hawkins Y Mullis N Murphy Y Orrock N Pearson Y Powell Y Ramsey Y Reed N Rogers N Thompson,C Y Thompson,S N Tolleson Y Unterman N Weber N Wiles N Williams On the motion, the yeas were 24, nays 31; the motion lost, and SB 361 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 492. By Representatives Keown of the 173rd, Chambers of the 81st, Parsons of the 42nd and Wilkinson 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 provide for legislative findings; to increase the membership of the Composite State Board of Medical Examiners; to provide for the qualifications of such members; to provide for initial and subsequent terms of office of the new members; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 839. By Representative Ralston of the 7th: A BILL to be entitled an Act to amend Code Section 47-2-262 of the Official Code of Georgia Annotated, relating to membership in the Employees Retirement System of Georgia by assistant district attorneys and employees of the Prosecuting Attorneys Council, notice of election to become a member, and contributions, so as to provide that any person who was employed as an assistant district attorney on June 30, 1979, and who 464 JOURNAL OF THE SENATE rejected membership in this retirement system at such time may, under certain conditions, be a member of such retirement system; to provide that such person shall be entitled to certain membership service; to provide that such person may obtain creditable service; to provide for application and payment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. HB 960. By Representatives Walker of the 107th, Reese of the 98th, Marin of the 96th, Heard of the 104th, Sheldon of the 105th 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, procedure, schedule of bails, and appeal bonds, so as to require certain trafficking in ecstasy to be bailable only before a superior court judge; to provide for other related matters; to repeal conflicting laws; and for other purposes. HB 1044. By Representatives Walker of the 107th, Cooper of the 41st, Everson of the 106th, Heard of the 104th, Smyre of the 132nd and others: A BILL to be entitled an Act to amend Article 7 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to licensure of adult day centers, so as to provide that respite care services programs shall not be considered adult day centers for purposes of licensure; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1054. By Representatives Cooper of the 41st, Manning of the 32nd, Butler of the 18th, Martin of the 47th, Willard of the 49th and others: A BILL to be entitled an Act to enact the "Children and Family Services Strengthening Act of 2008"; to amend Article 5 of Chapter 11 of Title 15 of the O.C.G.A., relating to the Child Advocate for the Protection of Children, so as to provide the necessary staffing and administrative support to the Georgia Child Fatality Review Panel; to amend Chapter 14 of Title 19 of the O.C.G.A., relating to child abuse and neglect prevention, so as to transfer the functions of the Childrens Trust Fund Commission to the Governors Office for Children and Families; to repeal Code Sections 1914-2 through 19-14-9; to provide for the continued existence of the Childrens Trust Fund; to amend Chapter 15 of Title 19 of the O.C.G.A., relating to child abuse, so as to provide the Office of the Child Advocate for the Protection of Children with certain responsibilities regarding administrative and staff support; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 20, 2008 465 HB 1137. By Representative Hatfield of the 177th: A BILL to be entitled an Act to amend an Act creating a board of commissioners for Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4404), so as to change the boundaries of the commissioner districts; to provide for certain 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 for preclearance under Section 5 of the Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1182. By Representative Morris of the 155th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, so as to provide for the election of a vicechairperson and the powers, duties, and compensation of the chairperson of the board of commissioners; to create the office of county manager and provide for the qualifications, appointment, duties, powers, and other matters relevant to the office of county manager; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1185. By Representatives Fludd of the 66th and Beasley-Teague of the 65th: A BILL to be entitled an Act to provide for a homestead exemption from City of Union City ad valorem taxes for municipal purposes for the full value of the homestead for residents of that city who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 479. By Senators Mullis of the 53rd, Thompson of the 33rd, Grant of the 25th, Stoner of the 6th, Douglas of the 17th and others: A BILL to be entitled an Act to amend Code Section 31-11-31.1 of the Official Code of Georgia Annotated, relating to license fees for licensed ambulance services, so as to amend certain provisions relating to the collection of license 466 JOURNAL OF THE SENATE fees for licensed ambulance services; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 480. By Senators Williams of the 19th, Fort of the 39th, Tate of the 38th and Reed of the 35th: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to change certain definitions; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 481. By Senators Jones of the 10th, Brown of the 26th, Weber of the 40th, Ramsey, Sr. of the 43rd and Fort of the 39th: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 12 of Title 16 and Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to offenses related to minors generally and inspection of public records, respectively, so as to restrict access to evidence of a violation of Code Sections 16-12-100, 16-12-100.1, and 16-12-100.2 involving sexual exploitation of children, electronically furnishing obscene material to minors, and computer or electronic pornography; to provide for controlled access to such evidence in public inspections of evidence; to provide that it shall be unlawful for persons under certain circumstances to knowingly possess any visual medium which depicts a minor or any portion of a minors body engaging in sexually explicit conduct to any other person; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 482. By Senators Hill of the 32nd and Meyer von Bremen of the 12th: 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 repeal Chapter 11, relating to the State Law Library; to amend Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the board of regents and the director of University of Georgia Libraries relative to state public libraries; Code Section 36-80-19 of the Official Code of Georgia Annotated, relating to the codification of ordinances and resolutions of local governments; and Code Section 45-13-22 of the Official Code of Georgia WEDNESDAY, FEBRUARY 20, 2008 467 Annotated, relating to the distribution of the Georgia Laws and the journals of the House of Representatives and the Senate, so as to delete references to the State Law Library; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. SB 483. By Senators Harp of the 29th and Carter of the 13th: A BILL to be entitled an Act to amend Code Section 19-6-15 of the Official Code of Georgia Annotated, relating to child support in final verdict or decree, guidelines for determining amount of child support award, and the duration of support, so as to revise certain definitions; to change certain provisions relating to the process of calculating child support; to provide for orders in cases involving family violence; to change certain provisions relating to gross income and clarify military compensation and allowances as gross income; to correct cross-references and clarify certain provisions of the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 484. By Senators Pearson of the 51st, Rogers of the 21st, Williams of the 19th, Mullis of the 53rd, Murphy of the 27th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 50 of the O.C.G.A., relating to state purchasing, so as to require that a certain percentage of all funds appropriated to the states various budget units be dedicated to projects and contracts involving small businesses; to require under certain circumstances that the Department of Administrative Services take into consideration such small business requirement prior to entering into any contract; to amend Chapter 22 of Title 50 of the O.C.G.A., relating to managerial control over acquisition of professional services, so as to provide that small businesses are considered wherever reasonable and practicable prior to a principal representative entering into a contract for professional services on behalf of certain state entities; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. SB 485. By Senators Wiles of the 37th, Staton of the 18th, Chance of the 16th, Jackson of the 24th and Murphy of the 27th: A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., relating to 468 JOURNAL OF THE SENATE professions and businesses, so as to provide for legislative intent; to provide definitions; to create the State Licensing Board of Home Inspectors; to provide for its membership, appointment, filling of vacancies, terms of office, qualifications, powers and duties, staffing, and meetings; to provide for licensing of home inspectors; to provide for qualifications and reciprocity under certain circumstances; to provide for renewals and continuing education; to prohibit certain acts; to provide for applicability; to provide for home inspection reports and their contents; to provide for insurance requirements; to provide for related matters; to repeal Article 6 of Chapter 3 of Title 8 of the O.C.G.A., relating to documentation by home inspectors; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 486. By Senator Chapman of the 3rd: A BILL to be entitled an Act to provide a homestead exemption from Glynn County School District ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older and whose 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 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 487. By Senators Wiles of the 37th and Hill of the 32nd: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions applicable to actions, so as to ensure that legislative enactments do not create a private right of action unless expressly stated in the legislation; to provide for a short title; to provide for legislative purpose; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 488. By Senators Rogers of the 21st, Pearson of the 51st, Orrock of the 36th and Adelman of the 42nd: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the WEDNESDAY, FEBRUARY 20, 2008 469 Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers licenses, so as to allow foreign nationals to keep their license from their home country; to exempt nonresidents from getting a Georgia license as long as they meet all licensing requirements in Georgia except for residency; to provide that verification of lawful presence in the United States is necessary to receive a temporary drivers license; to provide that the maximum term of a temporary license is three years; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 489. By Senators Chance of the 16th, Staton of the 18th, Tarver of the 22nd, Thompson of the 33rd and Rogers of the 21st: A BILL to be entitled an Act to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to enact the "Credit Enhancement Loan Act of 2008"; to provide for findings of the General Assembly; to provide for a short title; to provide for purposes; to provide for definitions; to provide for licensing of lenders by the Department of Banking and Finance; to provide for penalties for violations; to provide for fees payable to the department; to provide for requirements necessary for issuance of a license by the department; to provide for the form and contents of an application; to provide for revocation or suspension of a license; to provide for amounts of loans and interest rates; to prohibit multiple loans in certain situations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. SR 970. By Senators Adelman of the 42nd, Brown of the 26th, Seay of the 34th, Stoner of the 6th, Butler of the 55th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that all records and meetings of any governmental body, political subdivision of the state, 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 Ethics Committee. 470 JOURNAL OF THE SENATE SR 980. By Senators Chance of the 16th, Douglas of the 17th, Harp of the 29th and Staton of the 18th: A RESOLUTION dedicating the General Bill Livsey Highway; and for other purposes. Referred to the Transportation Committee. The following House legislation was read the first time and referred to committee: HB 492. By Representatives Keown of the 173rd, Chambers of the 81st, Parsons of the 42nd and Wilkinson 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 provide for legislative findings; to increase the membership of the Composite State Board of Medical Examiners; to provide for the qualifications of such members; to provide for initial and subsequent terms of office of the new members; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 839. By Representative Ralston of the 7th: A BILL to be entitled an Act to amend Code Section 47-2-262 of the Official Code of Georgia Annotated, relating to membership in the Employees Retirement System of Georgia by assistant district attorneys and employees of the Prosecuting Attorneys Council, notice of election to become a member, and contributions, so as to provide that any person who was employed as an assistant district attorney on June 30, 1979, and who rejected membership in this retirement system at such time may, under certain conditions, be a member of such retirement system; to provide that such person shall be entitled to certain membership service; to provide that such person may obtain creditable service; to provide for application and payment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. WEDNESDAY, FEBRUARY 20, 2008 471 HB 960. By Representatives Walker of the 107th, Reese of the 98th, Marin of the 96th, Heard of the 104th, Sheldon of the 105th 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, procedure, schedule of bails, and appeal bonds, so as to require certain trafficking in ecstasy to be bailable only before a superior court judge; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 1044. By Representatives Walker of the 107th, Cooper of the 41st, Everson of the 106th, Heard of the 104th, Smyre of the 132nd and others: A BILL to be entitled an Act to amend Article 7 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to licensure of adult day centers, so as to provide that respite care services programs shall not be considered adult day centers for purposes of licensure; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 1054. By Representatives Cooper of the 41st, Manning of the 32nd, Butler of the 18th, Martin of the 47th, Willard of the 49th and others: A BILL to be entitled an Act to enact the "Children and Family Services Strengthening Act of 2008"; to amend Article 5 of Chapter 11 of Title 15 of the O.C.G.A., relating to the Child Advocate for the Protection of Children, so as to provide the necessary staffing and administrative support to the Georgia Child Fatality Review Panel; to amend Chapter 14 of Title 19 of the O.C.G.A., relating to child abuse and neglect prevention, so as to transfer the functions of the Childrens Trust Fund Commission to the Governors Office for Children and Families; to repeal Code Sections 19-14-2 through 19-14-9; to provide for the continued existence of the Childrens Trust Fund; to amend Chapter 15 of Title 19 of the O.C.G.A., relating to child abuse, so as to provide the Office of the Child Advocate for the Protection of Children with certain responsibilities regarding administrative and staff support; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. 472 JOURNAL OF THE SENATE HB 1137. By Representative Hatfield of the 177th: A BILL to be entitled an Act to amend an Act creating a board of commissioners for Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4404), so as to change the boundaries of the commissioner districts; to provide for certain 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 for preclearance under Section 5 of the Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1182. By Representative Morris of the 155th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, so as to provide for the election of a vice-chairperson and the powers, duties, and compensation of the chairperson of the board of commissioners; to create the office of county manager and provide for the qualifications, appointment, duties, powers, and other matters relevant to the office of county manager; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1185. By Representatives Fludd of the 66th and Beasley-Teague of the 65th: A BILL to be entitled an Act to provide for a homestead exemption from City of Union City ad valorem taxes for municipal purposes for the full value of the homestead for residents of that city 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. The following committee reports were read by the Secretary: WEDNESDAY, FEBRUARY 20, 2008 473 Mr. President: The Finance Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 397 Do Pass Respectfully submitted, Senator Rogers of the 21st District, Chairman Mr. President: The Public Safety 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 335 SB 412 SR 809 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Murphy of the 27th District, Chairman The following legislation was read the second time: HB 989 SB 300 SB 363 SB 381 SB 391 SB 395 SB 406 SB 421 SB 433 The roll was called and the following Senators answered to their names: Adelman Balfour Brown Bulloch Butler Carter Chance Chapman Cowsert Davenport Fort Goggans Golden Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Johnson Jones Me V Bremen Moody Mullis Murphy Orrock Schaefer Seabaugh Seay Shafer,D Smith Staton Stoner Tarver Tate Thomas,D Thomas,R Thompson,C Thompson,S 474 JOURNAL OF THE SENATE Grant Hamrick Harbison Harp Hawkins Heath Pearson Powell Ramsey Reed Rogers Tolleson Unterman Weber Wiles Williams Not answering was Senator Douglas of the 17th, previously excused. The members pledged allegiance to the flag. Senator Harp of the 29th introduced the chaplain of the day, Pastor Mike Ricker of Columbus, Georgia, who offered scripture reading and prayer. Senator Seabaugh of the 28th moved that SB 491 be read for the first time and assigned to committee. On the motion, there were no objections, and the bill was read for the first time: SB 491. By Senators Seabaugh of the 28th and Hill of the 4th: 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 the board of trustees of the Employees Retirement System of Georgia shall establish the employee contribution for group term life insurance; for members of the Employees Retirement System of Georgia, the Georgia Legislative Retirement System, and the Georgia Judicial Retirement System, to provide that employee contribution may be 0 percent but shall not be greater than one-fourth of 1 percent of the members earnable compensation; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. Senator Cowsert of the 46th introduced the doctor of the day, Dr. Mitch Cook. Former Senator Eddie Madden addressed the Senate briefly. The following resolutions were read and adopted: SR 966. By Senator Pearson of the 51st: A RESOLUTION recognizing and commending Mr. John Athon Cagle; and for other purposes. WEDNESDAY, FEBRUARY 20, 2008 475 SR 967. By Senators Davenport of the 44th, Jones of the 10th, Tarver of the 22nd, Brown of the 26th, Reed of the 35th and others: A RESOLUTION commending the Empire Board of Realtists, Inc.; and for other purposes. SR 968. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Jabez Beazer; and for other purposes. SR 969. By Senator Harbison of the 15th: A RESOLUTION recognizing and congratulating the Columbus High School girls' volleyball team on winning the Georgia AAA Volleyball Championship; and for other purposes. SR 971. By Senators Wiles of the 37th, Thompson of the 33rd, Rogers of the 21st, Stoner of the 6th and Hill of the 32nd: A RESOLUTION commending Linda Edwards; and for other purposes. SR 972. By Senator Tolleson of the 20th: A RESOLUTION congratulating and commending the Houston County Board of Education on being named a national top ten digital school board; and for other purposes. SR 973. By Senator Brown of the 26th: A RESOLUTION commending Reverend James Louis Bumpus; and for other purposes. SR 974. By Senator Rogers of the 21st: A RESOLUTION commending Bill Ratliff; and for other purposes. SR 975. By Senator Rogers of the 21st: A RESOLUTION honoring and congratulating Mrs. Lorraine Stella Solinko on the happy occasion of her 80th birthday; and for other purposes. 476 JOURNAL OF THE SENATE SR 976. By Senator Rogers of the 21st: A RESOLUTION commending Sherry Saunders; and for other purposes. SR 977. By Senators Rogers of the 21st and Murphy of the 27th: A RESOLUTION commending Cheryl Ruffer; and for other purposes. SR 978. By Senator Tarver of the 22nd: A RESOLUTION commending Pastor Robert L. Williams and Miracle Making Ministries, Inc.; and for other purposes. SR 979. By Senator Tarver of the 22nd: A RESOLUTION recognizing and commending Pilgrim Health and Life Insurance; and for other purposes. SR 982. By Senators Wiles of the 37th, Thompson of the 33rd, Stoner of the 6th, Hill of the 32nd and Rogers of the 21st: A RESOLUTION commending the members of the 283rd Combat Communications Squadron of the Georgia Air National Guard; and for other purposes. SR 983. By Senators Mullis of the 53rd, Cowsert of the 46th, Johnson of the 1st, Reed of the 35th, Seabaugh of the 28th and others: A RESOLUTION recognizing and commending Dr. Charles S. Bullock, III; and for other purposes. SR 984. By Senators Hill of the 32nd, Pearson of the 51st and Rogers of the 21st: A RESOLUTION recognizing and commending Ms. Anna R. Cablik; and for other purposes. SR 985. By Senators Hill of the 32nd, Wiles of the 37th and Rogers of the 21st: A RESOLUTION recognizing and commending Mr. Kessel D. Stelling, Jr.; and for other purposes. WEDNESDAY, FEBRUARY 20, 2008 477 SR 986. By Senators Hill of the 32nd, Wiles of the 37th and Rogers of the 21st: A RESOLUTION recognizing and commending Mr. John K. Watson; and for other purposes. SR 987. By Senators Cowsert of the 46th, Bulloch of the 11th and Goggans of the 7th: A RESOLUTION recognizing and commending Oconee County Middle School Future Farmers of America; and for other purposes. SR 988. By Senators Hill of the 4th and Williams of the 19th: A RESOLUTION commending B. Daniel Dubberly, Jr.; and for other purposes. NOTICE OF MOTION TO RECONSIDER: SB 361 Georgia Credit Protection Act; provide definitions; credit reports; provide method of placing and removing security freeze (Substitute)(B&FI-21st) SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 20, 2008 TWENTIETH LEGISLATIVE DAY SR 822 Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission; create; appointment (RULES-48th) SB 434 Retirement; Dept. of Adult and Technical Education to Technical College System of Georgia; change all references (H ED-29th) HB 926 Revenue and taxation; Internal Revenue Code; define term (FIN-21st) O`Neal-146th SR 845 County Governments; transportation improvement sales and use tax-CA (Substitute)(TRANS-53rd) SB 345 Interstate Compact on Educational Opportunity for Military Children; provide for purpose and policy (ED&Y-15th) SB 374 Liens; revise certain time periods of filing materialmen's/mechanics liens; provide for certain notices regarding waiver of liens or claim upon bond (Substitute)(S JUDY-40th) 478 JOURNAL OF THE SENATE SB 418 Georgia Fire Safety Standard and Firefighter Protection Act; definitions; provide for standards for testing cigarettes; written certification (Substitute)(AG&CA-9th) SB 443 Natural Resources, Board of; establish game/fish criminal violations; rules/regulations; change provisions (Substitute)(NR&E-31st) SB 444 Transportation Dept.; dispose of surplus property (TRANS-51st) SB 341 Council on Aging; assign additional duties; produce a report; appointment of advisory committees (H&HS-49th) 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 822. By Senators Shafer of the 48th, Mullis of the 53rd, Reed of the 35th, Pearson of the 51st, Smith of the 52nd and others: A RESOLUTION creating the Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission; and for other purposes. Senator Meyer von Bremen of the 12th asked unanimous consent that he be excused from voting on SR 822 pursuant to Senate Rule 1-4.1(d). The consent was granted, and Senator Meyer von Bremen was excused. 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 Carter Y Chance Y Chapman Y Cowsert Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate WEDNESDAY, FEBRUARY 20, 2008 479 Y Davenport Y Douglas Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Rogers Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 52, nays 0. SR 822, having received the requisite constitutional majority, was adopted. Senator Hooks of the 14th recognized Congressman Sanford Bishop. Congressman Bishop addressed the Senate briefly. The Calendar was resumed. SB 434. By Senators Harp of the 29th, Cowsert of the 46th, Staton of the 18th, Chance of the 16th, Wiles of the 37th and others: 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 change all references to the "Department of Adult and Technical Education" to the "Technical College System of Georgia"; to provide for related matters; 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 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 February 5, 2008 480 JOURNAL OF THE SENATE The Honorable Seth Harp State Senator State Capitol, Room 121-D Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Senate Bill 434 (LC 38 0542) Dear Senator Harp: This bill would amend provisions relating to retirement and pensions, so as to replace references to the "Department of Technical and Adult Education" with the "Technical College System of Georgia." This change would occur in Code Sections relating to the Employees' Retirement System, Teachers Retirement System, and the Public School Employees 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: Y Adelman Y Balfour Y Brown Bulloch Y Butler Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson WEDNESDAY, FEBRUARY 20, 2008 481 Y Grant Hamrick Y Harbison Y Harp Y Hawkins Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 53, nays 0. SB 434, having received the requisite constitutional majority, was passed. HB 926. By Representatives O`Neal of the 146th and Rogers of the 21st: A BILL to be entitled an Act to amend Code Section 48-1-2 of the Official Code of Georgia Annotated, relating to definitions regarding revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to provide for an effective date; to provide applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st Senator Johnson of the 1st asked unanimous consent to drop HB 926 to the foot of today's Senate Rules Calendar. The consent was granted, and HB 926 was placed at the foot of the Rules Calendar. Senator Johnson of the 1st was excused for business outside the Senate Chamber. SR 845. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Wiles of the 37th and others: A RESOLUTION Proposing an amendment to the Constitution so as to authorize county governments to propose for approval by the voters of their county a 1 percent sales and use tax to fund the construction of transportation projects; to limit the sales and use tax to a specified period; to provide for adding the proposition to the ballot; to provide for the authority of the General Assembly with respect to enacting by April 1 of the year following enactment a mechanism for expending the funds; to provide that 80 percent of the funds are to be expended in the county where the funds were collected; to provide for 10 percent of the funds to be spent by the state for establishing multicounty or regional mass transit networks; to require the General Assembly to provide a mechanism for 482 JOURNAL OF THE SENATE multicounty or regional transportation local option sales taxes votes to construct projects of regional significance; to provide for other matters relative to the foregoing; 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. The Constitution is amended by adding at the end of Article IX, Section IV thereof a new Paragraph V to read as follows: "Paragraph V. Transportation Improvement Sales and Use Tax. (a) From May 1 of the year following the year of the ratification of the amendment which added this Paragraph to this section county governments shall be authorized to propose for approval by the registered voters in their county a 1 percent sales and use tax to be limited to a specified period of time to fund the construction of transportation projects. This tax, except as otherwise provided in this Paragraph, shall be collected 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) Such a proposal may be added to the ballot only upon a majority vote of the county governing authority and shall not be effective until it is approved by a majority of the registered voters participating in a county-wide election. (c) The proceeds of the transportation improvement tax shall not be used to replace existing funding for transportation needs in the county, but shall be used as an additional revenue source to increase funding for transportation projects. The percentage of the countys budget expended for transportation purposes as of January 1, 2008, shall be increased by the amount of the proceeds allotted to the county from the imposition of this tax. Nothing in this Paragraph shall prohibit a county governing authority from increasing the percentage of the county budget expended for transportation projects by an amount exceeding the amount of proceeds from the transportation improvement tax. (d) The resolution calling for the imposition of the tax shall describe: (1) The specific transportation projects to be funded; (2) The maximum cost of such project or projects, which cost 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 for which the tax may be levied. (e) 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. (f) The tax imposed pursuant to this Paragraph shall not be subject to and shall not WEDNESDAY, FEBRUARY 20, 2008 483 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. (g) 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. (h) 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. By April 1 of the year following the year of the ratification of the amendment which added this Paragraph the General Assembly shall enact a statutory framework for expending the funds raised through the provisions of this Paragraph. Of the funds raised in each county that imposes such a tax, 80 percent of the funds shall be expended within that county. No less that 10 percent of the remaining funds shall be spent by the state for the purpose of constructing, operating, and maintaining multicounty or regional mass transit networks. (i) In addition, by April 1 of the year following the year of the ratification of the amendment which added this Paragraph the General Assembly shall enact a statutory framework for multicounty or regional transportation sales and use taxes votes to occur as a voluntary alternative to county-by-county votes in order to focus on projects of regional significance, provided that no multicounty or regional vote shall be placed on the ballot until it is approved by a majority vote of the county governing authority in each participating county. The statutory framework for multicounty or regional transportation sales and uses taxes for transportation purposes shall provide that of the funds raised in each multicounty area or region that imposes such a tax, 80 percent of the funds shall be expended within that multicounty area or region. No less that 10 percent of the remaining funds shall be spent by the state for the purpose of constructing, operating, and maintaining multicounty or regional mass transit networks." 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 county governing authorities to propose for approval by the voters of their ( ) NO county a 1 percent sales and use tax limited to a specified period of time to fund the construction of transportation projects?" 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. 484 JOURNAL OF THE SENATE The Senate Transportation Committee offered the following substitute to SR 845: A RESOLUTION Proposing an amendment to the Constitution so as to provide for a 1 percent local option sales and use tax to fund transportation projects and mass transit networks; to authorize such tax on a joint county and municipal basis or on a regional basis including multiple counties and cities; to provide for procedures, conditions, and limitations; to provide for other matters relative to the foregoing; 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. The Constitution is amended by adding at the end of Article IX, Section IV thereof a new Paragraph V to read as follows: "Paragraph V. Transportation Improvement Sales and Use Tax. (a) On or after May 1, 2009, a 1 percent sales and use tax to be limited to a specified period of time to fund transportation projects may be levied and collected as provided in this Paragraph. (b) There are created within this state 159 special transportation districts. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of one of the 159 special districts. When the imposition of a joint county and municipal sales and use tax for transportation is authorized according to the procedures of this Paragraph, the county whose geographical boundary is conterminous with that of the special district and each participating municipality located wholly or partially within the special district shall levy a joint sales and use tax. A municipality shall become a participating municipality upon the adoption by the governing authority thereof of the joint resolution described in subparagraph (d) of this Paragraph. The board of commissioners of the county located in the special district and the governing authority of each participating municipality shall impose, levy, and collect such tax only upon approval by a majority of the qualified voters residing within the limits of the special district voting in a referendum thereon. Except as otherwise provided in this Paragraph, the procedures for conducting the special election on the question of imposing the tax and for submitting the question again to the voters in the event the tax is not approved shall correspond generally to the procedures 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. (c) The proceeds of the transportation improvement tax shall not be used to replace existing general funds for transportation needs of the county and participating municipalities in the special district, but shall be used as an additional revenue source to WEDNESDAY, FEBRUARY 20, 2008 485 increase funding for transportation projects. The percentage of the general fund budget of the county and participating municipalities in the special district expended for transportation purposes as of January 1, 2008, shall be increased by the amount of the proceeds allotted to those entities from the imposition of this tax. Nothing in this Paragraph shall prohibit a governing authority from increasing the percentage of its general fund budget expended for transportation projects by an amount exceeding the amount of proceeds from the transportation improvement tax. (d) A joint resolution of the county and each participating municipality calling for the imposition of the tax and the ballot submitting the question of the imposition of the tax to the voters of the special district shall describe: (1) The specific transportation projects to be funded; (2) The maximum cost of such project or projects, which cost 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 for which the tax may be levied which period of time shall be determined by the governing authority of the county located in the special district. (e) Nothing in this Paragraph shall prohibit a county and participating municipalities located in the special district from imposing as additional taxes local sales and use taxes authorized by general law. (f) 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. (g) 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. (h) The sales and use tax imposed under this Paragraph shall not apply to: (1) The sale or use of tangible personal property used in the production or generation of energy; or (2) The sale or use of energy used in the manufacturing or processing of tangible goods primarily for resale. (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. Not later than April 1, 2009, the General Assembly shall provide by general law for the method of distribution of the proceeds and for the expenditure of the proceeds raised through the provisions of this Paragraph. An amount equal to not less than 80 percent of the total amount of proceeds collected shall be expended within the special district on the specific transportation projects. With respect to the remaining proceeds, an amount equal to not less than 20 percent of the total amount of proceeds collected shall be remitted to the Department of Transportation on a monthly basis. The department shall expend an amount equal to not less than 10 percent of the total amount of proceeds collected solely for the purpose of constructing, operating, and maintaining multicounty or regional mass transit networks and shall deposit an amount 486 JOURNAL OF THE SENATE equal to not less than 10 percent of the total amount of proceeds collected in the general fund of the state which proceeds shall be available solely for general transportation purposes as specified by general law. (j) Not later than April 1, 2009, the General Assembly shall provide by general law for a multicounty or regional transportation sales and use tax alternative to focus on projects of regional significance. The board of commissioners of each county and the governing authority of each municipality located therein which desire to participate in a regional transportation sales and use tax shall adopt a resolution by majority vote calling for such tax. The combined geographic boundaries of those counties shall constitute the boundary of the single regional transportation special district. The adoption of such resolution shall be binding upon the countys participation in the regional transportation district referendum and tax in the regional special district if the referendum is approved in a regional vote. The tax shall be imposed, levied, and collected throughout the entire regional special district upon approval by a majority vote of the qualified voters residing in the limits of the regional special district voting in a referendum thereon. Except as otherwise provided in this subparagraph, a regional special district tax shall correspond to the special district tax provided for under subparagraphs (a) through (h) of this Paragraph. Such general law shall provide for the method of distribution of the proceeds and for the expenditure of the proceeds raised in each regional special district in which such tax is imposed as provided in this subparagraph. An amount equal to not less than 80 percent of the total amount of proceeds collected shall be expended within that regional special district on the specific transportation projects. With respect to the remaining proceeds, an amount equal to not less than 20 percent of the total amount of proceeds collected shall be remitted to the Department of Transportation on a monthly basis. The department shall expend an amount equal to not less than 10 percent of the total amount of proceeds collected solely for the purpose of constructing, operating, and maintaining multicounty or regional mass transit networks and shall deposit an amount equal to not less than 10 percent of the total amount of proceeds collected in the general fund of the state which proceeds shall be available solely for general transportation purposes as specified 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 for a 1 percent local option sales and use tax to fund transportation projects and ( ) NO mass transit networks on a joint county and municipal basis or a regional basis including multiple counties and municipalities if approved in a referendum?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote WEDNESDAY, FEBRUARY 20, 2008 487 "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 Mullis of the 53rd, Stoner of the 6th and Williams of the 19th offered the following amendment #1: Amend the Senate Transportation Committee substitute to SR 845 (LC 18 7125S) by striking lines 7 and 8 of page 3 and inserting in their place the following: law for the method of distribution of the proceeds, for the expenditure of the proceeds raised through the provisions of this Paragraph, and except as otherwise provided in subparagraphs (g) and (h) of this Paragraph, for any other sales or uses to which the tax imposed under this Paragraph shall not apply. An amount equal to not less than 80 On the adoption of the amendment, there were no objections, and the Mullis et al. amendment #1 to the committee substitute was adopted. Senators Stoner of the 6th, Reed of the 35th, Hamrick of the 30th, Mullis of the 53rd, Orrock of the 36th and others offered the following amendment #2: Amend the Senate Transportation Committee substitute to SR 845 by inserting "within the special district" between "networks" and "and" on line 15 of page 3. By inserting "within the regional special district" between "networks" and "and" on line 5 of page 4. On the adoption of the amendment, there were no objections, and the Stoner et al. amendment #2 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended. On the adoption of the resolution 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 N Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith 488 JOURNAL OF THE SENATE Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hudgens Y Jackson E Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Staton 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 Wiles Y Williams On the adoption of the resolution, the yeas were 51, nays 4. SR 845, having received the requisite two-thirds constitutional majority, was adopted by substitute. The following communication was received by the Secretary: Senator Jeff Chapman District 3 110-D State Capitol Atlanta, GA 30334 Committees: Public Safety Insurance and Labor Natural Resources and the Environment Transportation The State Senate Atlanta, Georgia 30334 Memorandum To: Mr. Bob Ewing Secretary of Senate From: Senator Jeff Chapman /s/ Jeff Chapman 3rd District Subject: VOTE CORRECTION Date: 20 February 2008 WEDNESDAY, FEBRUARY 20, 2008 489 I inadvertently pressed the wrong button when the vote was called for SR 845. Please have the record officially reflect a "NO" vote on SR 845. Thank you in advance for your consideration. Senator Harbison of the 15th recognized the Columbus High School girls' volleyball team on winning the Georgia AAA Volleyball Championship, commended by SR 969, adopted previously. The Calendar was resumed. SB 345. By Senators Harbison of the 15th, Douglas of the 17th, Moody of the 56th, Hooks of the 14th and Seay of the 34th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to adopt the Interstate Compact on Educational Opportunity for Military Children; to create the Interstate Commission on Educational Opportunity for Military Children; to provide for the members of the interstate commission and their service; provide for an executive committee and its membership and duties; to provide for the powers, duties, organization, and operations of the commission; to provide for oversight, enforcement, and dispute resolution; to provide for financing of the interstate commission; to provide for member states, effective date, and amendments; to provide for withdrawal and dissolution; to provide for binding effect and other laws; 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 Carter Y Chance Y Chapman Cowsert Y Davenport Y Douglas Y Heath Y Henson Hill,Jack Y Hill,Judson Y Hooks Hudgens Y Jackson E Johnson Y Jones Y Me V Bremen Y Moody Y Schaefer Y Seabaugh Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R 490 JOURNAL OF THE SENATE Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. SB 345, having received the requisite constitutional majority, was passed. At 11:51 a.m. the President announced that the Senate would stand in recess until 1:00 p.m. At 1:00 p.m. Senator Williams of the 19th called the Senate to order. The Calendar was resumed. SB 374. By Senators Weber of the 40th and Seabaugh of the 28th: A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen, so as to provide for definitions; to revise certain time periods for filing materialmens and mechanics liens; to provide for certain notices regarding waiver of lien or claim upon bond; to set filing fees for such liens; to define certain terms; to provide that certain notices shall be sent by registered or overnight mail or statutory overnight delivery; to provide that certain liens are unenforceable if an action is not commenced within 12 months; to provide for a notice of contest of lien; to provide for the computation of certain time periods; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Seabaugh of the 28th asked unanimous consent to drop SB 374 to the foot of today's Senate Rules Calendar. The consent was granted, and SB 374 was placed at the foot of the Rules Calendar. The following Senators were excused for business outside the Senate Chamber: Goggans of the 7th Unterman of the 45th Golden of the 8th Orrock of the 36th WEDNESDAY, FEBRUARY 20, 2008 491 SB 418. By Senators Balfour of the 9th, Hawkins of the 49th and Cowsert of the 46th: 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 definitions; to provide for standards for testing of cigarettes; to provide for written certification; to provide for required marking of cigarettes; to provide for forfeiture; to provide civil penalties; to provide for inspections; to provide for preemption; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. The Senate Agriculture and Consumer Affairs Committee offered the following substitute to SB 418: 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 definitions; to provide for standards for testing of cigarettes; to provide for written certification; to provide for required marking of cigarettes; to provide for forfeiture; to provide civil penalties; to provide for inspections; to provide for preemption; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by adding a new chapter as follows: "CHAPTER 14 25-14-1. This chapter shall be known and may be cited as the 'Georgia Fire Safety Standard and Firefighter Protection Act.' 25-14-2. As used in this chapter, the term: 492 JOURNAL OF THE SENATE (1) 'Agent' means any person authorized by the commissioner of revenue to purchase and affix stamps on packages of cigarettes. (2) 'Cigarette' means: (A) Any roll for smoking made wholly or in part of tobacco when the cover of the roll is paper or any substance other than tobacco; or (B) Any roll for smoking wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette as described in subparagraph (A) of this paragraph. (3) 'Commissioner' means the Safety Fire Commissioner. (4) 'Manufacturer' means: (A) Any entity which manufactures, makes, produces, or causes to be produced cigarettes sold in this state or cigarettes said entity intends to be sold in this state; or (B) The first purchaser of cigarettes manufactured anywhere that intends to resell such cigarettes in this state regardless of whether the original manufacturer, maker, or producer intends such cigarettes to be sold in the United States; or (C) Any entity which becomes a successor of an entity described in subparagraph (A) or (B) of this paragraph. (5) 'Quality control and quality assurance program' means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment related problems do not affect the results of the testing. Such a program ensures that the testing repeatability remains within the required repeatability values stated in paragraph (6) of subsection (b) of Code Section 25-14-3 for all test trials used to certify cigarettes in accordance with this chapter. (6) 'Repeatability' means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time. (7) 'Retail dealer' means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products. (8) 'Sale' means any sale, transfer, exchange, theft, barter, gift, or offer for sale and distribution in any manner or by any means whatever. (9) 'Sell' means to sell or to offer or agree to do the same. (10) 'Wholesale dealer' means any person that is not a manufacturer who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale. A wholesale dealer is also any person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person. 25-14-3. (a) Except as provided in subsection (h) of this Code section, no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this Code section, a written certification has been filed by the manufacturer in accordance with Code Section 25-14-4, and the cigarettes WEDNESDAY, FEBRUARY 20, 2008 493 have been marked in accordance with Code Section 25-14-5. (b)(1) Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) Standard E2187-04, 'Standard Test Method for Measuring the Ignition Strength of Cigarettes.' (2) Testing shall be conducted on ten layers of filter paper. (3) No more than 25 percent of the cigarettes tested in a test trial in accordance with this Code section shall exhibit full-length burns. Forty replicate tests shall comprise a complete test trial for each cigarette tested. (4) The performance standard required by this Code section shall only be applied to a complete test trial. (5) Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization (ISO) or other comparable accreditation standard required by the commissioner. (6) Laboratories conducting testing in accordance with this Code section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. The repeatability value shall be no greater than 0.19. (7) This Code section does not require additional testing if cigarettes are tested consistent with this chapter for any other purpose. (8) Testing performed or sponsored by the commissioner to determine a cigarettes compliance with the performance standard required shall be conducted in accordance with this Code section. (c) Each cigarette listed in a certification submitted pursuant to Code Section 25-14-4 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this Code section shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least 15 millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands fully located at least 15 millimeters from the lighting end and ten millimeters from the filter end of the tobacco column, or ten millimeters from the labeled end of the tobacco column for nonfiltered cigarettes. (d) A manufacturer of a cigarette that the commissioner determines cannot be tested in accordance with the test method prescribed in paragraph (1) of subsection (b) of this Code section shall propose a test method and performance standard for the cigarette to the commissioner. Upon approval of the proposed test method and a determination by the commissioner that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in paragraph (3) of subsection (b) of this Code section, the manufacturer may employ such test method and performance standard to certify such cigarette pursuant to Code Section 25-14-4. If the commissioner determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this chapter, and the commissioner finds that the officials 494 JOURNAL OF THE SENATE responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that states law or regulation under a legal provision comparable to this Code section, then the commissioner shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this state, unless the commissioner demonstrates a reasonable basis why the alternative test should not be accepted under this chapter. All other applicable requirements of this Code section shall apply to the manufacturer. (e) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years, and shall make copies of these reports available to the commissioner and the Attorney General upon written request. Any manufacturer who fails to make copies of these reports available within 60 days of receiving a written request shall be subject to a civil penalty not to exceed $10,000.00 for each day after the sixtieth day that the manufacturer does not make such copies available. (f) The commissioner may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that such subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standard in paragraph (3) of subsection (b) of this Code section. (g) The commissioner shall review the effectiveness of this Code section and report his or her findings every three years to the General Assembly and, if appropriate, recommendations for legislation to improve the effectiveness of this chapter. The report and legislative recommendations shall be submitted no later than June 30 following the conclusion of each three-year period. (h) The requirements of subsection (a) of this Code section shall not prohibit: (1) Wholesale or retail dealers from selling their existing inventory of cigarettes on or after July 1, 2010, if the wholesale or retailer dealer can establish that state tax stamps were affixed to the cigarettes prior to July 1, 2010, and if the wholesale or retailer dealer can establish that the inventory was purchased prior to July 1, 2010, in comparable quantity to the inventory purchased during the same period of the prior year; or (2) The sale of cigarettes solely for the purpose of consumer testing. For purposes of this subsection, the term 'consumer testing' shall mean an assessment of cigarettes that is conducted by a manufacturer, or under the control and direction of a manufacturer, for the purpose of evaluating consumer acceptance of such cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for such assessment. 25-14-4. (a) Each manufacturer shall submit to the commissioner a written certification attesting that: WEDNESDAY, FEBRUARY 20, 2008 495 (1) Each cigarette listed in the certification has been tested in accordance with Code Section 25-14-3; and (2) Each cigarette listed in the certification meets the performance standard set forth in paragraph (3) of subsection (b) of Code Section 25-14-3. (b) Each cigarette listed in the certification shall be described with the following information: (1) Brand or trade name on the package; (2) Style, such as light or ultra light; (3) Length in millimeters; (4) Circumference in millimeters; (5) Flavor, such as menthol or chocolate, if applicable; (6) Filter or nonfilter; (7) Package description, such as soft pack or box; (8) Marking approved in accordance with Code Section 25-14-5; (9) The name, address, and telephone number of the laboratory, if different from the manufacturer that conducted the test; and (10) The date that the testing occurred. (c) The certifications shall also be made available to the Attorney General for purposes consistent with this chapter and to the commissioner of revenue for the purposes of ensuring compliance with this Code section. (d) Each cigarette certified under this Code section shall be recertified every three years. (e) For each cigarette listed in a certification, a manufacturer shall pay to the commissioner a fee of $250.00. (f) If a manufacturer has certified a cigarette pursuant to this Code section and thereafter makes any change to such cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this chapter, that cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in Code Section 25-14-3 and maintains records of that retesting as required by Code Section 25-14-3. Any altered cigarette which does not meet the performance standard set forth in Code Section 25-14-3 shall not be sold in this state. 25-14-5. (a) Cigarettes that are certified by a manufacturer in accordance with Code Section 2514-4 shall be marked to indicate compliance with the requirements of Code Section 2514-3. The marking shall be in eight-point type or larger and consist of: (1) Modification of the universal product code to include a visible mark printed at or around the area of the universal product code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the universal product code; (2) Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette packaging or cellophane wrap; or 496 JOURNAL OF THE SENATE (3) Printed, stamped, engraved, or embossed text on the cigarette packaging or cellophane wrap that indicates that the cigarettes meet Georgia standards. (b) A manufacturer shall use only one marking and shall apply this marking uniformly for all packages, including but not limited to packs, cartons, and cases, and brands marketed by that manufacturer. (c) The commissioner shall be notified as to the marking that is selected. (d) Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the commissioner for approval. Upon receipt of the request, the commissioner shall approve or disapprove the marking offered. The commissioner shall approve the marking upon a finding that it is compliant with the criteria outlined in subsection (a) of this Code section. Proposed markings shall be deemed approved if the commissioner fails to act within ten business days of receiving a request for approval. (e) No manufacturer shall modify its approved marking unless the modification has been approved by the commissioner in accordance with this Code section. (f) Manufacturers certifying cigarettes in accordance with Code Section 25-14-4 shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes and shall also provide sufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to this Code section for each retail dealer to which the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these package markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the commissioner, the commissioner of revenue, the Attorney General, and their employees to inspect markings of cigarette packaging marked in accordance with this Code section. 25-14-6. (a) A manufacturer, wholesale dealer, agent, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of Code Section 25-14-3, for a first offense shall be subject to a civil penalty not to exceed $100.00 dollars for each pack of such cigarettes sold or offered for sale, provided that in no case shall the penalty against any such person or entity exceed $100,000.00 during any 30 day period. (b) A retail dealer who knowingly sells or offers to sell cigarettes in violation of Code Section 25-14-3 shall be subject to a civil penalty not to exceed $100.00 for each pack of such cigarettes, provided that in no case shall the penalty against any retail dealer exceed $25,000.00 during any 30 day period. (c) In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to Code Section 25-14-4 shall be subject to a civil penalty of at least $75,000.00 and not to exceed $250,000.00 for each such false certification. (d) Any person violating any other provision in this chapter shall be subject to a civil WEDNESDAY, FEBRUARY 20, 2008 497 penalty for a first offense not to exceed $1,000.00, and for a subsequent offense subject to a civil penalty not to exceed $5,000.00, for each such violation. (e) Any cigarettes that have been sold or offered for sale that do not comply with the performance standard required by Code Section 25-14-3 shall be subject to forfeiture and, upon forfeiture, shall be destroyed; provided, however, that prior to the destruction of any cigarette pursuant to this Code section, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette. (f) In addition to any other remedy provided by law, the commissioner or Attorney General may file an action in superior court for a violation of this chapter, including petitioning for injunctive relief or to recover any costs or damages suffered by the state because of a violation of this chapter, including enforcement costs relating to the specific violation and attorneys fees. Each violation of this chapter or of rules or regulations adopted under this chapter constitutes a separate civil violation for which the commissioner or Attorney General may obtain relief. (g) Whenever any law enforcement personnel or duly authorized representative of the commissioner or Attorney General shall discover any cigarettes that have not been marked in the manner required Code Section 25-14-5, such personnel is hereby authorized and empowered to seize and take possession of such cigarettes. Such cigarettes shall be turned over to the commissioner of revenue and shall be forfeited to the state. Cigarettes seized pursuant to this subsection shall be destroyed; provided, however, that prior to the destruction of any cigarette seized pursuant to this subsection, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette. 25-14-7. (a) The commissioner may promulgate rules and regulations, pursuant to Chapter 13 of Title 50, necessary to effectuate the purposes of this chapter. (b) The commissioner of revenue in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, as authorized under Chapter 11 of Title 48, may inspect such cigarettes to determine if the cigarettes are marked as required by Code Section 25-14-5. If the cigarettes are not marked as required, the commissioner of revenue shall notify the commissioner. 25-14-8. To enforce the provisions of this chapter, the Attorney General and the commissioner, their duly authorized representatives, and other law enforcement personnel shall be authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered for sale shall be directed and required to give the Attorney General and the commissioner, their duly authorized representatives, and other law enforcement personnel the means, facilities, and opportunity for the examinations 498 JOURNAL OF THE SENATE authorized by this Code section. 25-14-9. Nothing in this chapter shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of Code Section 25-14-3 if the cigarettes are not for sale in this state or are packaged for sale outside the United States, and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this state. 25-14-10. This chapter shall cease to be applicable if federal reduced cigarette ignition propensity standards that preempt this chapter are enacted." SECTION 2. This Act shall preempt and supersede and shall prohibit the enactment of any local laws, ordinances, rules, and regulations by the governing authority of any county or municipal corporation concerning the testing of cigarettes, the performance standards of cigarettes, or the certification that cigarettes have been manufactured in compliance with testing and performance standards. SECTION 3. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 1 of this Act shall become effective on January 1, 2010. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour Brown Y Bulloch Y Butler Y Carter Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens N Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton WEDNESDAY, FEBRUARY 20, 2008 499 Y Chance Y Chapman Y Cowsert Davenport Y Douglas Y Fort E Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy E Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 44, nays 1. SB 418, having received the requisite constitutional majority, was passed by substitute. Senator Mullis of the 53rd was excused for business outside the Senate Chamber. 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 443. By Senator Heath of the 31st: A BILL to be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to change certain provisions relating to wild animals for which licenses or permits are required; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Natural Resources and the Environment Committee offered the following substitute to SB 443: A BILL TO BE ENTITLED AN ACT To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to wild animals for which licenses or permits are required; to provide an effective date; to repeal conflicting laws; and for other purposes. 500 JOURNAL OF THE SENATE 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 revising subparagraph (b)(1)(Q) of Code Section 27-5-5, relating to wild animals for which licenses or permits are required, as follows: "(Q) Order Artiodactyla (even-toed ungulates) - All species except Bison bison (buffalo), Bubalus bubalis (water buffalo), and Llama guanicoe, L. glama, and L. pacos (llamas);" 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, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Davenport Y Douglas Y Fort E Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody E Mullis Y Murphy E Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Schaefer Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) WEDNESDAY, FEBRUARY 20, 2008 501 On the passage of the bill, the yeas were 45, nays 0. SB 443, having received the requisite constitutional majority, was passed by substitute. SB 444. By Senators Pearson of the 51st, Mullis of the 53rd, Stoner of the 6th, Williams of the 19th and Seay of the 34th: A BILL to be entitled an Act to amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to the procedure for disposition of property not needed for public road purposes, so as to allow the Department of Transportation to more readily dispose of surplus property; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Pearson of the 51st asked unanimous consent to drop SB 444 to the foot of today's Senate Rules Calendar. The consent was granted, and SB 444 was placed at the foot of the Rules Calendar. Senator Seabaugh of the 28th was excused for business outside the Senate Chamber. SB 341. By Senators Hawkins of the 49th, Murphy of the 27th, Thomas of the 54th, Smith of the 52nd, Carter of the 13th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to the Council on Aging, so as to assign additional duties and powers to the council; to require that the council study certain matters and produce a report; to provide a certain date by which the report must be distributed; to provide for the appointment of advisory committees; to provide for reimbursement of expenses incurred by advisory committee members; to provide for the cooperation of other state departments and agencies; to require an interim progress report; to provide for automatic repeal of said provisions; to provide for related matters; to provide for an effective date contingent on funding; 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 Heath Y Henson Y Hill,Jack Y Schaefer E Seabaugh Y Seay 502 JOURNAL OF THE SENATE Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort E Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody E Mullis Y Murphy E Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 47, nays 0. SB 341, having received the requisite constitutional majority, was passed. HB 926. By Representatives O`Neal of the 146th and Rogers of the 21st: A BILL to be entitled an Act to amend Code Section 48-1-2 of the Official Code of Georgia Annotated, relating to definitions regarding revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to provide for an effective date; to provide applicability; 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 WEDNESDAY, FEBRUARY 20, 2008 503 Russell W. Hinton State Auditor (404) 656-2174 January 31, 2008 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 926 (LC 18 6932S) Dear Chairman O'Neal: This bill amends the Official Code of Georgia Annotated by adopting the changes to the Federal Tax Code that occurred during 2007. The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: 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 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 combined revenue effects to the State of Georgia of adopting the new provisions contained in the Federal Code are shown in Table 1. The passage of several pieces of legislation at the Federal level in 2007, specifically the Small Business and Work Opportunity Tax Act of 2007 (SBWOTA) and the Mortgage Forgiveness Debt Relief Act (MFDRA), reduce the base of tax revenues for Georgia, and are estimated to reduce state revenue collections. While several other pieces of legislation were passed at the Federal level, adoption of those provisions is estimated to have an insignificant effect on state revenues. The revenue effect shown in Table 1 reflects only that economic activity occurring on or after January 1, 2008. Table 1. Revenue Effect (effective for activity occurring on or after 1/1/2008) $ in Millions/State Fiscal Years 2008 2009 2010 2011 2012 Total -2 -22 -22 -1 9 -38 504 JOURNAL OF THE SENATE The SBWOTA and the MFDRA contain provisions that apply to transactions occurring between January 1, 2007 and December 31, 2007. The revenue effect shown in Table 2 reflects the additional revenue cost to the state of providing tax relief for these transactions. Table 2. Revenue Effect (effective for activity occurring between 1/1/2007 & 12/31/2007) $ in Millions/State Fiscal Years 2008 Less than $500,000 Sincerely, /s/ Russell W. Hinton State Auditor /s/ Susan Ridley for Trey Childress, Director Office of Planning and Budget Senator Rogers of the 21st offered the following substitute to HB 926: A BILL TO BE ENTITLED AN ACT To amend Code Section 48-1-2 of the Official Code of Georgia Annotated, relating to definitions regarding revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" for certain taxable years and thereby incorporate certain provisions of the federal law into Georgia law and provide that such provisions shall supersede and control over certain other provisions; to provide for effective dates; to provide applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-1-2 of the Official Code of Georgia Annotated, relating to definitions regarding revenue and taxation, is amended by revising paragraph (14) as follows: "(14) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable years beginning on or after January 1, 2007 2008, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or WEDNESDAY, FEBRUARY 20, 2008 505 before January 1, 2007 2008, except Section 168(k), (but not excepting Section 168(k)(2)(A)(i), Section 168(k)(2)(D)(i), and Section 168(k)(2)(E)), Section 199, Section 1400L, Section 1400N(d)(1), Section 1400N(j), and Section 1400N(k) of the Internal Revenue Code of 1986, as amended, shall be treated as if they were not in effect. For taxable years beginning on or after January 1, 2008, the term shall include Section 179(b)(7), Section 168(k) and (l), Section 1400L(b), and Section 1400N(d), as amended by Sections 102 and 103 of the Economic Stimulus Act of 2008. In the event a reference is made in this title to the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on a specific date prior to January 1, 2007 2008, the term means the provisions of the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on the prior date. Unless otherwise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1986, as amended. For taxable years beginning on or after January 1, 2007 2008, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2007 2008, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes." SECTION 2. Said Code section is further amended by adding a new paragraph to read as follows: "(14.2) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable years beginning after December 31, 2006, but before January 1, 2008, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 1, 2008, except that Section 168(k) (but not excepting Section 168(k)(2)(A)(i), Section 168(k)(2)(D)(i), and Section 168(k)(2)(E)), Section 199, Section 1400L, Section 1400N(d)(1), Section 1400N(j), and Section 1400N(k) of the Internal Revenue Code of 1986, as amended, shall be treated as if they were not in effect. For such taxable years, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2008, enacted into law but not yet effective shall be effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes. The provisions of this paragraph shall supersede and control over any provision of paragraph (14) of this Code section to the contrary." SECTION 3. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon this Acts approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2008. (b) Section 2 of this Act shall become effective upon this Acts approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning after December 31, 2006, but before January 1, 2008. 506 JOURNAL OF THE SENATE SECTION 4 All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the Rogers substitute was adopted. Pursuant to Senate Rule 7-1.6(b), action on HB 926 was suspended, and HB 926 was placed on the Senate General Calendar. The following Senators were excused for business outside the Senate Chamber: Cowsert of the 46th Thompson of the 33rd SB 374. By Senators Weber of the 40th and Seabaugh of the 28th: A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen, so as to provide for definitions; to revise certain time periods for filing materialmens and mechanics liens; to provide for certain notices regarding waiver of lien or claim upon bond; to set filing fees for such liens; to define certain terms; to provide that certain notices shall be sent by registered or overnight mail or statutory overnight delivery; to provide that certain liens are unenforceable if an action is not commenced within 12 months; to provide for a notice of contest of lien; to provide for the computation of certain time periods; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Special Judiciary Committee offered the following substitute to SB 374: A BILL TO BE ENTITLED AN ACT To amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen, so as to provide for definitions; to revise certain time periods for filing materialmens and mechanics liens; to provide for certain notices regarding waiver of lien or claim upon bond; to set filing fees for such liens; to define certain terms; to provide that certain notices shall be sent by registered or overnight mail or statutory overnight delivery; to provide that certain liens are unenforceable if an action is not commenced within 12 months; to provide for a notice of contest of lien; to provide for the computation of certain time periods; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 20, 2008 507 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen, is amended by adding a new paragraph to Code Section 44-14-360, relating to definitions, to read as follows: "(2.1) 'Lien action' means a lawsuit, proof of claim in a bankruptcy case, or a binding arbitration." SECTION 2. Said part is further amended by revising Code Section 44-14-361.1, relating to how liens are declared and created, as follows: "44-14-361.1. (a) To make good the liens specified in paragraphs (1) through (8) of subsection (a) of Code Section 44-14-361, they must be created and declared in accordance with the following provisions, and on failure of any of them the lien shall not be effective or enforceable: (1) A substantial compliance by the party claiming the lien with his or her contract for building, repairing, or improving; for architectural services furnished; for registered forester services furnished or performed; for registered land surveying or registered professional engineering services furnished or performed; or for materials or machinery furnished or set up; (2) The filing for record of his or her claim of lien within three months 90 days after the completion of the work, the furnishing of the architectural services, or the furnishing or performing of such surveying or engineering services or within three months 90 days after the material or machinery is furnished in the office of the clerk of the superior court of the county where the property is located, which. The lien shall include a statement regarding its expiration pursuant to Code Section 44-14-367 and a notice to the owner of the property on which a claim of lien is filed that such owner has the right to contest the lien; the absence of such statement or notice shall invalidate the lien. The claim shall be in substance as follows: 'A.B., a mechanic, contractor, subcontractor, materialman, machinist, manufacturer, registered architect, registered forester, registered land surveyor, registered professional engineer, or other person (as the case may be) claims a lien in the amount of (specify the amount claimed) on the house, factory, mill, machinery, or railroad (as the case may be) and the premises or real estate on which it is erected or built, of C.D. (describing the houses, premises, real estate, or railroad), for satisfaction of a claim which became due on (specify the date the claim was due, which is the same as the last date the labor, services, or materials were supplied to the premises) for building, repairing, improving, or furnishing material (or whatever the claim may be).' At the time of filing for record of his claim of lien On the date the claim of lien is filed of record, the lien claimant shall send a true and accurate copy of the claim of lien by registered or certified mail or statutory overnight delivery to the owner of the 508 JOURNAL OF THE SENATE property or, if the owners address cannot be found, the contractor, as the agent of the owner; provided, however, if the property owner is an entity on file with the Secretary of States Corporations Division, sending a copy of the claim of lien to the entitys address or the registered agents address shall satisfy this requirement. In all cases in which a notice of commencement is filed with the clerk of the superior court pursuant to subsection (b) of Code Section 44-14-361.5, a lien claimant shall also send a copy of the claim of lien by registered or certified mail or statutory overnight delivery to the contractor at the address shown on the notice of commencement; (3) The commencement of an a lien action for the recovery of the amount of the partys claim within 12 months 365 days from the time the same shall become due date of filing for record of his or her claim of lien. In addition, within 14 30 days after filing commencing such lien action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed. The notice shall contain a caption referring to the then owner of the property against which the lien was filed and referring to a deed or other recorded instrument in the chain of title of the affected property. The notice shall be executed, under oath, by the party claiming the lien or by such partys attorney of record, but failure to execute the notice under oath shall be an amendable defect which may be cured by the party claiming the lien or by such partys attorney without leave of court at any time before entry of the pretrial order and thereafter by leave of court. An amendment of notice pursuant to this Code section shall relate back to the date of filing of the notice. The notice shall identify the court or arbitration venue wherein the lien action is brought; the style and number, if any, of the lien action, including the names of all parties thereto; the date of the filing of the lien action; and the book and page number of the records of the county wherein the subject lien is recorded in the same manner in which liens specified in Code Section 44-14-361 are filed. The clerk of the superior court shall enter on the subject lien so referred to the book and page on which the notice is recorded and shall index such notice in the name of the then purported owner as shown by the caption contained in such notice. A separate lis pendens notice need not be filed with the commencement of this action; and (4) In the event any contractor or subcontractor procuring material, architects services, registered foresters services, registered land surveyors services, or registered professional engineers services, labor, or supplies for the building, repairing, or improving of any real estate, building, or other structure shall abscond or die or leave the state within 12 months from the date such services, labor, supplies, or material are furnished to him or her during the required time period for filing a lien action, so that personal jurisdiction cannot be obtained on the contractor or subcontractor in an a lien action for the services, material, labor, or supplies, or if the contractor or subcontractor shall be adjudicated a bankrupt, or if, after the filing of an a lien action, no final judgment can be obtained against him or her for the value of such material, services, labor, or supplies because of his or her death, adjudication in bankruptcy, or the contract between the party claiming the lien and the contractor or subcontractor includes a provision preventing payment to the claimant until after the WEDNESDAY, FEBRUARY 20, 2008 509 contractor or the subcontractor has received payment, then and in any of these events, the person or persons furnishing material, services, labor, and supplies shall be relieved of the necessity of filing an a lien action or obtaining judgment against the contractor or subcontractor as a prerequisite to enforcing a lien against the property improved by the contractor or subcontractor. Subject to Code Section 44-14-361, the person or persons furnishing material, services, labor, and supplies may enforce the lien directly against the property so improved in an a lien action against the owner thereof, if filed within 12 months from the time the lien becomes due the required time period for filing a lien action, with the judgment rendered in any such proceeding to be limited to a judgment in rem against the property improved and to impose no personal liability upon the owner of the property; provided, however, that in such lien action for recovery, the owner of the real estate improved, who has paid the agreed price or any part of same, may set up the payment in any lien action brought and prove by competent and relevant evidence that the payments were applied as provided by law, and no judgment shall be rendered against the property improved. Within 14 30 days after filing such lien action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed. The notice shall contain a caption referring to the then owner of the property against which the lien was filed and referring to a deed or other recorded instrument in the chain of title of the affected property. The notice shall be executed, under oath, by the party claiming the lien or by his or her attorney of record. The notice shall identify the court or arbitration venue wherein the lien action is brought; the style and number of the lien action, if any, including the names of all parties thereto; the date of the filing of the lien action; and the book and page number of the records of the county wherein the subject lien is recorded in the same manner in which liens specified in Code Section 44-14-361 are filed. The clerk of the superior court shall enter on the subject lien so referred to the book and page on which the notice is recorded and shall index such notice in the name of the then purported owner as shown by the caption contained in such notice. A separate lis pendens notice need not be filed with the commencement of this action. (b) As between themselves, the liens provided for in Code Section 44-14-361 shall rank according to the date filed; but all of the liens mentioned in this Code section for repairs, building, or furnishing materials or services, upon the same property, shall, as to each other, be of the same date when declared and filed for record within three months 90 days after the work is done or before that time. (c) The liens specified in Code Section 44-14-361 shall be inferior to liens for taxes, to the general and special liens of laborers, to the general lien of landlords of rent when a distress warrant is issued out and levied, to claims for purchase money due persons who have only given bonds for titles, and to other general liens when actual notice of the general lien of landlords and others has been communicated before the work was done or materials or services furnished; but the liens provided for in Code Section 44-14-361 shall be superior to all other liens not excepted by this subsection. (d) In any proceeding brought by any materialman, by any mechanic, by any laborer, 510 JOURNAL OF THE SENATE by any subcontractor, or by any mechanic of any sort employed by any subcontractor or by any materialmen furnishing material to any subcontractor, or by any laborer furnishing labor to any subcontractor, to enforce such a lien, the contractor having a direct contractual relationship with the subcontractor shall not be a necessary party; but he or she may be made a party. In any proceedings brought by any mechanic employed by any subcontractor, by any materialmen furnishing material to any subcontractor, or by any laborer furnishing labor to any subcontractor, the subcontractor shall not be a necessary party; but he or she may be made a party. The contractor or subcontractor or both may intervene in the proceedings at any time before judgment for the purpose of resisting the establishment of the lien or of asserting against the lienor any claim of the contractor or subcontractor growing out of or related to the transaction upon which the asserted lien is based. (e) In no event shall the aggregate amount of liens set up by Code Section 44-14-361 exceed the contract price of the improvements made or services performed. (f) The filing fees for a claim of materialmans or mechanics lien and any related document created pursuant to this Code section, including but not limited to a notice of commencement of action, shall be the amount set by Code Section 15-6-77 for liens on real estate and personal property." SECTION 3. Said part is further amended by revising subsection (c) of Code Section 44-14-361.5, relating to liens of persons without privity of contract, as follows: "(c) A Notice to Contractor notice to contractor shall be given sent by registered or certified mail or statutory overnight delivery to the owner or the agent of the owner and to the contractor at the addresses set forth in the Notice of Commencement notice of commencement setting forth: (1) The name, address, and telephone number of the person providing labor, services, or materials; (2) The name and address of each person at whose instance the labor, services, or materials are being furnished; (3) The name of the project and location of the project set forth in the Notice of Commencement notice of commencement; and (4) A description of the labor, services, or materials being provided and, if known, the contract price or anticipated value of the labor, services, or materials to be provided or the amount claimed to be due, if any." SECTION 4. Said part is further amended by revising subsection (a) of Code Section 44-14-364, relating to the release of lien on filing of bond, as follows: "(a) When any person entitled under this part to claim a lien against any real estate located in this state files his or her lien in the office of the clerk of the superior court of the county in which the real estate is located, the owner of the real estate or the contractor employed to improve the property may, before or after foreclosure WEDNESDAY, FEBRUARY 20, 2008 511 proceedings are instituted, discharge the lien by filing a bond in the office of that clerk. The bond shall be conditioned to pay to the holder of the lien the sum that may be found to be due the holder upon the trial of any lien action that may be filed by the lienholder to recover the amount of his or her claim within 12 months 365 days from the time the claim becomes due of lien is filed. The bond shall be in double the amount claimed under that lien and shall be either a bond with good security approved by the clerk of the court or a cash bond, except in cases involving a lien against residential property, in which event the bond shall be in the amount claimed under the lien. Upon the filing of the bond provided for in this Code section, the real estate shall be discharged from the lien. Within seven days of filing such bond and any attachments, the party filing the bond shall send a notice of filing such bond and a copy of the bond by registered or certified mail or statutory overnight delivery to the lien claimant at the address stated on the lien or, if no such address is shown for the lien claimant, to the person shown as having filed such lien on behalf of the claimant at the indicated address of such person or, if the bond is filed by a contractor, to the owner of the property, provided that whenever the lien claimant or the owner is an entity on file with the Secretary of States Corporations Division, sending the notice of filing such bond and a copy of the bond to the companys address or the registered agents address on file with the Secretary of State shall be deemed sufficient; provided, however, that the failure to send the notice of filing the bond and copy of the bond shall not invalidate the bond for purposes of discharge of a claim of lien under this Code section. With respect to property bonds, the clerk shall not accept any real property bond unless the real property is scheduled in an affidavit attached thereto setting forth a description of the property and indicating the record owner thereof, including any liens and encumbrances and amounts thereof, the market value, and the value of the sureties interest therein, which affidavit shall be executed by the owner or owners of the interest; the bond and affidavit shall be recorded in the same manner and at the same cost as other deeds of real property. So long as the bond exists, it shall constitute a lien against the property described in the attached affidavit." SECTION 5. Said part is further amended by revising Code Section 44-14-366, relating to a waiver of lien or claim upon bond in advance of furnishing labor, services, or materials void, as follows: "44-14-366. (a) A right to claim a lien or to claim upon a bond may not be waived in advance of furnishing of labor, services, or materials. Any purported waiver or release of lien or bond claim or of this Code section executed or made in advance of furnishing of labor, services, or materials is null, void, and unenforceable. (b) No oral or written statement by the claimant purporting to waive, release, impair, or otherwise adversely affect a lien or bond claim is enforceable or creates an estoppel or impairment of claim of lien or claim upon a bond unless: (1) It is pursuant to a waiver and release form duly executed by claimant prescribed 512 JOURNAL OF THE SENATE below; and (2) The claimant has received payment for the claim as set forth in subsection (f) of this Code section. (c) When a claimant is requested to execute a waiver and release in exchange for or in order to induce payment other than final payment, the waiver and release must follow substantially the following form, and the priority of such claimants lien rights, except as to retention, shall upon such payment thereafter run from the day after the date specified in such Interim Waiver and Release upon Payment form: 'INTERIM WAIVER AND RELEASE UPON PAYMENT STATE OF GEORGIA COUNTY OF __________ The undersigned mechanic and/or materialman has been employed by _______________________ (name of contractor) to furnish _______________________ (describe materials and/or labor) for the construction of improvements known as _______________________ (title of the project or building) which is located in the City of _________________, County of _____________, and is owned by _______________________ (name of owner) and more particularly described as follows: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) Upon the receipt of the sum of $__________, the mechanic and/or materialman waives and releases any and all liens or claims of liens it has upon the foregoing described property or any rights against any labor and/or material bond through the date of _______________________ (date) and excepting those rights and liens that the mechanic and/or materialman might have in any retained amounts, on account of labor or materials, or both, furnished by the undersigned to or on account of said contractor for said building or premises. Given under hand and seal this ______ day of ______________, ____. _______________________ (Witness) _______________________ (Address) _________________ (Seal) ______________________ WEDNESDAY, FEBRUARY 20, 2008 513 NOTICE: WHEN YOU EXECUTE AND SUBMIT THIS DOCUMENT, YOU SHALL BE CONCLUSIVELY DEEMED TO HAVE BEEN PAID IN FULL THE AMOUNT STATED ABOVE, EVEN IF YOU HAVE NOT ACTUALLY RECEIVED SUCH PAYMENT, 60 DAYS AFTER THE DATE STATED ABOVE UNLESS YOU FILE EITHER AN AFFIDAVIT OF NONPAYMENT OR A CLAIM OF LIEN PRIOR TO THE EXPIRATION OF SUCH 60 DAY PERIOD. THE FAILURE TO INCLUDE THIS NOTICE LANGUAGE ON THE FACE OF THE FORM SHALL RENDER THE FORM UNENFORCEABLE AND INVALID AS A WAIVER AND RELEASE UNDER O.C.G.A. SECTION 44-14-366.' Provided, however, that the failure to correctly complete any of the blank spaces in the above form shall not invalidate said form so long as the subject matter of said release may reasonably be determined. (d) When a claimant is requested to execute a waiver and release in exchange for or in order to induce payment making of final payment, the waiver and release must follow substantially the following form: UNCONDITIONAL 'WAIVER AND RELEASE UPON FINAL PAYMENT STATE OF GEORGIA COUNTY OF __________ The undersigned mechanic and/or materialman has been employed by _______________________ (name of contractor) to furnish _______________________ (describe materials and/or labor) for the construction of improvements known as _______________________ (title of the project or building) which is located in the City of _________________, County of _____________, and is owned by _________________________ (name of owner) and more particularly described as follows: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) Upon the receipt of the sum of $__________, the mechanic and/or materialman waives and releases any and all liens or claims of liens or any right against any labor and/or material bond it has upon the foregoing described property or any rights against any labor and/or material bond on account of labor or materials, or both, furnished by the undersigned to or on account of said contractor for said property. Given under hand and seal this ______ day of ______________, ____. _________________ (Seal) ______________________ 514 JOURNAL OF THE SENATE _______________________ (Witness) _______________________ (Address) NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT YET BEEN PAID, USE A CONDITIONAL RELEASE FORM. WHEN YOU EXECUTE AND SUBMIT THIS DOCUMENT, YOU SHALL BE CONCLUSIVELY DEEMED TO HAVE BEEN PAID IN FULL THE AMOUNT STATED ABOVE, EVEN IF YOU HAVE NOT ACTUALLY RECEIVED SUCH PAYMENT, 60 DAYS AFTER THE DATE STATED ABOVE UNLESS YOU FILE EITHER AN AFFIDAVIT OF NONPAYMENT OR A CLAIM OF LIEN PRIOR TO THE EXPIRATION OF SUCH 60 DAY PERIOD. THE FAILURE TO INCLUDE THIS NOTICE LANGUAGE ON THE FACE OF THE FORM SHALL RENDER THE FORM UNENFORCEABLE AND INVALID AS A WAIVER AND RELEASE UNDER O.C.G.A. SECTION 44-14-366.' Provided, however, that the failure to correctly complete any of the blank spaces in the above form shall not invalidate said form so long as the subject matter of said release may reasonably be determined. (e) Nothing contained in this Code section shall affect: (1) The enforceability of any subordination of lien rights by a potential lien claimant to the rights of any other party which may have or acquire an interest in all or any part of the real estate, factories, railroads, or other property for which the potential lien claimant has furnished labor, services, or material, even though such subordination is entered into in advance of furnishing labor, services, or material and even though the claimant has not actually received payment in full for its claim; (2) The enforceability of any waiver of lien rights given in connection with the settlement of a bona fide dispute concerning the amount due the lien claimant for labor, services, or material which have already been furnished; (3) The validity of a cancellation or release of a recorded claim of lien or preliminary notice of lien rights; or (4) The provisions of paragraph (2) of subsection (a) of Code Section 44-14-361.2, paragraphs (3) and (4) of subsection (a) and subsections (b) and (c) of Code Section 44-14-361.4, or Code Section 44-14-364. (f)(1) When a waiver and release provided for in this Code section is executed by the claimant, it shall be binding against the claimant for all purposes, subject only to payment in full of the amount set forth in the waiver and release. (2) Such amounts shall conclusively be deemed paid in full upon the earliest to occur of: (A) Actual receipt of funds; (B) Execution by the claimant of a separate written acknowledgment of payment in WEDNESDAY, FEBRUARY 20, 2008 515 full; or (C) Thirty Sixty days after the date of the execution of the waiver and release, unless prior to the expiration of said 30 60 day period the claimant files a claim of lien or files in the county in which the property is located an Affidavit of Nonpayment affidavit of nonpayment, using substantially the following form: 'AFFIDAVIT OF NONPAYMENT UNDER O.C.G.A. SECTION 44-14-366 STATE OF GEORGIA COUNTY OF __________ The undersigned mechanic and/or materialman has been employed by ____________________________ (name of contractor) to furnish _______________________ (describe materials and/or labor) for the construction of improvements known as _______________________ (title of the project or building) which is located in the City of ______________, County of ________, and is owned by _______________________ (name of owner) and more particularly described as follows: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) Pursuant to O.C.G.A. Section 44-14-366 the undersigned executed a lien waiver and release with respect to this property dated ______________, ____. The amount set forth in said waiver and release ($______) has not been paid, and the undersigned hereby gives notice of such nonpayment. The above facts are sworn true and correct by the undersigned, this ______ day of ______________, ____. Sworn to and executed in the presence of: __________________(SEAL) Claimants Signature _____________________ Witness _____________________ Notary Public Within seven days of filing this affidavit of nonpayment, the filing party shall send a copy of the affidavit by registered or certified mail or statutory overnight delivery to 516 JOURNAL OF THE SENATE the owner of the property. If the filing party is not in privity of contract with the property owner and a notice of commencement is filed for the improvement on the property for which the filing partys labor, services, or materials were furnished, a copy of the affidavit shall be sent to the contractor at the address shown on the notice of commencement. Whenever the owner of the property is an entity on file with the Secretary of States Corporations Division, sending a copy of the lien to the companys address or the registered agents address on file with the Secretary of State shall be deemed sufficient.' (3) A claimant who is paid, in full, the amount set forth in the waiver and release form after filing an Affidavit of Nonpayment affidavit of nonpayment shall upon request execute in recordable form an affidavit swearing that payment in full has been received. Upon recordation thereof in the county in which the Affidavit of Nonpayment was recorded, the Affidavit of Nonpayment affidavit of nonpayment to which it relates shall be deemed void. (4) Nothing in this Code section shall shorten the time within which to file a claim of lien. (5) A waiver and release provided in this Code section shall be suspended upon filing of an Affidavit of Nonpayment affidavit of nonpayment until payment in full has been received. (6) The claimant may rely upon the information contained in the waiver and release form when completing for filing the Affidavit of Nonpayment affidavit of nonpayment or claim of lien." SECTION 6. Said part is further amended by revising Code Section 44-14-367, relating to notice regarding the process to void liens not perfected by statute, in its entirety as follows: "44-14-367. Failure of a lien claimant to commence a lien action to collect the amount of his or her claim within 365 days from the date of filing the lien, or failure of the lien claimant to file the statutory notice of commencement of lien action in the county where the property is located, renders the claim of lien unenforceable. A claim of lien may be disregarded if no notice of commencement of lien action was filed within 395 days from the date the claim of lien was filed. Any lien filed after March 31, 2009, shall include on the face of the lien the following statement in at least 12 point bold font: 'This claim of lien expires and is void 395 days from the date of filing of the claim of lien if no notice of commencement of lien action is filed in that time period.' Failure to include such language shall invalidate the lien and prevent it from being filed. No release or voiding of such liens shall be required. A lien shall expire sooner and be disregarded once it is determined that no notice of commencement was timely filed in response to a notice of contest pursuant to Code Section 44-14-368." SECTION 7. Said part is further amended by inserting new Code sections to read as follows: WEDNESDAY, FEBRUARY 20, 2008 517 "44-14-368. (a) An owner or an owners agent or attorney, or the contractor or contractors agent or attorney, may elect to shorten the time prescribed in which to commence a lien action to enforce any claim of lien by recording in the superior court clerks office a notice in substantially the following form, with the bold face type in at least 12 point font, along with proof of delivery upon the lien claimant: 'NOTICE OF CONTEST OF LIEN To: [Name and address of lien claimant] You are notified that the undersigned contests the claim of lien filed by you on ________________ 20____, and recorded in _______ Book __________, Page _____________ of the public records of_______________ County, Georgia, against property owned by __________________________, and that the time within which you may commence a lien action to enforce your lien is limited to 60 days from receipt of this notice. This _____ day of______________, 20__. This above-referenced lien will expire and be void if you do not: (1) commence a lien action for recovery of the amount of the lien claim pursuant to O.C.G.A. Section 44-14-361.1 within 60 days from receipt of this notice; and (2) file a notice of commencement of lien action within 30 days of filing the above-referenced lien action. Signed:_______________________________________ (Owner, Contractor, Agent or Attorney)' (b) The clerk of the superior court shall cross-reference the notice of contest of lien to the lien. The owner or his or her agent or attorney, or the contractor or his or her agent or attorney, shall send a copy of the notice of contest of lien within seven days of filing by registered or certified mail or statutory overnight delivery to the lien claimant at the address noted on the face of the lien. Service shall be deemed complete upon mailing. (c) The lien shall be extinguished by law 90 days after the filing of the notice of contest of lien if no notice of commencement of lien action is filed in that time period. No release or voiding of such liens shall be required. This subsection shall not be construed to extend the time in which a lien action must begin. 44-14-369. For the purposes of this part, the computation of time shall be determined pursuant to paragraph (3) of subsection (d) of Code Section 1-3-1." SECTION 8. This Act shall become effective on March 31, 2009. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. 518 JOURNAL OF THE SENATE Senator Weber of the 40th offered the following amendment #1 to the committee substitute: Amend SB 374 (LC 36 0939S) by striking lines 12 through 14 of page 1 and inserting in lieu thereof the following: Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen, is amended by adding new paragraphs to Code Section 44-14-360, relating to definitions, to read as follows: "(.1) ' Business day' means any day that is not a Saturday, Sunday, or legal holiday." By striking lines 24 and 25 of page 2 and inserting in lieu thereof the following: At the time of filing for record of his claim of lien No later than two business days after the date the claim of lien is filed of record, the lien claimant shall send a true and accurate copy of the claim of lien by On the adoption of the amendment, there were no objections, and the Weber amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman E Cowsert Y Davenport Y Douglas Y Fort E Goggans E Golden Grant Y Hamrick Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody E Mullis Y Murphy E Orrock Y Pearson Y Powell Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber WEDNESDAY, FEBRUARY 20, 2008 519 Y Harbison Y Harp Y Hawkins Y Ramsey Y Reed Y Rogers Y Wiles Williams (PRS) On the passage of the bill, the yeas were 46, nays 1. SB 374, having received the requisite constitutional majority, was passed by substitute. SB 444. By Senators Pearson of the 51st, Mullis of the 53rd, Stoner of the 6th, Williams of the 19th and Seay of the 34th: A BILL to be entitled an Act to amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to the procedure for disposition of property not needed for public road purposes, so as to allow the Department of Transportation to more readily dispose of surplus property; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senators Smith of the 52nd and Pearson of the 51st offered the following amendment #1: Amend SB 444 by deleting lines 20 through 27 of page 2. On the adoption of the amendment, there were no objections, and the Smith, Pearson amendment #1 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Brown Y Bulloch Y Butler Y Carter Y Chance N Chapman E Cowsert Y Davenport Y Douglas Fort E Goggans Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody E Mullis Y Murphy Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Thompson,C E Thompson,S 520 JOURNAL OF THE SENATE E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Tolleson Y Unterman Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 43, nays 2. SB 444, having received the requisite constitutional majority, was passed as amended. Senator Johnson of the 1st moved that the Senate adjourn until 10:00 a.m. Thursday, February 21, 2008. The motion prevailed, and Senator Williams of the 19th announced the Senate adjourned at 2:01 p.m. THURSDAY, FEBRUARY 21, 2008 521 Senate Chamber, Atlanta, Georgia Thursday, February 21, 2008 Twenty-first Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 1015. By Representatives Jones of the 46th, Burkhalter of the 50th, Martin of the 47th, Geisinger of the 48th, Willard of the 49th and others: A BILL to be entitled an Act to amend Code Section 36-31-12 of the Official Code of Georgia Annotated, relating to special districts divided into noncontiguous areas, so as to provide for additional requirements regarding certain excess funds; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1016. By Representatives Lane of the 158th, Burns of the 157th, Knight of the 126th and Jerguson of the 22nd: A BILL to be entitled an Act to amend Code Section 27-4-151 of the Official Code of Georgia Annotated, relating to the use of crab traps, identification of boats or vessels, and closure of salt waters, so as to provide the commissioner of natural resources the ability to manage certain aspects of the blue crab resource; to provide an effective date; to repeal conflicting laws; and for other purposes. 522 JOURNAL OF THE SENATE HB 1026. By Representatives Smith of the 129th, Rogers of the 26th, Loudermilk of the 14th, Floyd of the 147th, Graves of the 12th and others: A BILL to be entitled an Act to amend Code Section 32-6-171 of the Official Code of Georgia Annotated, relating to the authority of the Department of Transportation to order removal, relocation, or adjustment of utility facilities, so as to provide that a utility may be exempt from certain requirements of notice and hearing when the department requires the removal, relocation, or adjustment of the facilities as a result of public road improvements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1123. By Representatives Shaw of the 176th, Smith of the 129th, Sheldon of the 105th, Floyd of the 147th, Mills of the 25th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner of transportation to file reports on matters of interest to the General Assembly; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1208. By Representatives Reese of the 98th, Everson of the 106th, Coan of the 101st, Cox of the 102nd, Rice of the 51st and others: A BILL to be entitled an Act to authorize Gwinnett County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1206. By Representatives Geisinger of the 48th, Manning of the 32nd, Keen of the 179th, Meadows of the 5th, Lewis of the 15th and others: A RESOLUTION creating the Georgia-North Carolina and GeorgiaTennessee Boundary Line Commission; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the Senate: THURSDAY, FEBRUARY 21, 2008 523 SR 981. By Senators Williams of the 19th, Brown of the 26th and Johnson of the 1st: A RESOLUTION relative to adjournment; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 490. By Senators Carter of the 13th, Balfour of the 9th, Goggans of the 7th, Johnson of the 1st and Chance of the 16th: A BILL to be entitled an Act to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to provide that skilled nursing facilities, intermediate care facilities, and intermingled nursing facilities may be allowed to divide under certain conditions; to provide considerations for skilled nursing facilities, intermediate care facilities, and intermingled nursing facilities to relocate; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 492. By Senators Bulloch of the 11th and Harp of the 29th: A BILL to be entitled an Act to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to add an additional accrediting entity to the definition of the term "eligible high school"; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 493. By Senators Thompson of the 5th and Stoner of the 6th: A BILL to be entitled an Act to amend Chapter 44 of Title 36 of the O.C.G.A., relating to redevelopment powers, so as to provide that when a tax allocation district is created within the area of operation of a community improvement district established pursuant to Article IX, Section VII of the Georgia Constitution by the local legislative body of the municipality or the local legislative body of the county, all or part of the ad valorem property taxes levied by such community improvement district may be included in the computation of tax allocation increments of a municipal tax allocation district or county tax allocation district if the administrative body of such community improvement district consents to such inclusion by resolution duly adopted by 524 JOURNAL OF THE SENATE said administrative body; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 494. By Senator Grant of the 25th: A BILL to be entitled an Act to amend an Act consolidating the office of Tax Receiver and Tax Collector of Jasper County into the office of Tax Commissioner of Jasper County, approved March 26, 1935 (Ga. L. 1935, p. 703), as amended, so as to change certain provisions relating to the compensation of 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. SB 495. By Senator Grant of the 25th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from all Baldwin County School District ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $16,000.00 and who are 65 years of age or older, approved March 18, 1985 (Ga. L. 1985, p. 3835), so as to increase the income limitation to $40,000.00; to increase qualified homestead property from five acres to ten acres; to provide for related matters; 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 496. By Senators Tate of the 38th, Hooks of the 14th, Thompson of the 33rd, Shafer of the 48th, Orrock of the 36th and others: A BILL to be entitled an Act to amend Code Section 7-1-1013 of the Official Code of Georgia Annotated, relating to prohibition of certain acts by persons involved in transacting a mortgage business, so as to provide that it shall be prohibited to solicit or otherwise facilitate the fraudulent appraisal of the value of property offered as security for a mortgage or loan; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. THURSDAY, FEBRUARY 21, 2008 525 SB 497. By Senators Williams of the 19th, Harp of the 29th, Weber of the 40th, Shafer of the 48th, Thomas of the 54th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to require local school systems which receive certain state funds to reassign its high school foreign language teachers to elementary school; to provide for applicability; to encourage local school systems to provide high school foreign language courses through virtual courses; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 498. By Senator Wiles of the 37th: A BILL to be entitled an Act to amend Article 9 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetic laser services, so as to change certain provisions relating to the licensing of cosmetic laser practitioners; to require that the consulting physician examine each patient prior to any cosmetic laser service being performed; to require that each facility offering cosmetic laser services have a supervisor; to provide certain qualifications and responsibilities for supervisors; to require that certain information regarding cosmetic laser practitioners, supervisors, and consulting physicians be disclosed by the facilities; to provide for a licensed physician to be a member of the advisory board; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 499. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend Chapter 59 of Title 33 of the O.C.G.A., relating to life settlements, so as to provide a short title; to provide for definitions; to provide for license requirements for providers and brokers; to provide suspension, revocation, and refusal to renew of such licenses; to provide for requirements for life settlement contracts; to provide for certain reporting requirements; to provide for certain privacy requirements; to provide for the examination of licensees; to provide for the authority of the Commissioner of Insurance to investigate persons involved in the life settlement business and in suspected fraudulent practices; to provide for restrictions on advertising; to provide for certain disclosures; to provide for 526 JOURNAL OF THE SENATE requirements and procedures for life settlement contracts; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 500. By Senators Carter of the 13th and Chance of the 16th: A BILL to be entitled an Act to amend Code Section 20-2-165 of the Official Code of Georgia Annotated, relating to equalization grants under the "Quality Basic Education Act," so as to change the calculations for equalization grants to include a factor for median household income; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 501. By Senator Wiles of the 37th: A BILL to be entitled an Act to amend Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating to seeds and plants, so as to revise certain provisions relating to certification of seeds and plants; to provide for certification of drought tolerant plant species or varieties for landscaping and ornamental uses; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SR 996. By Senators Weber of the 40th, Reed of the 35th, Thompson of the 5th, Balfour of the 9th, Moody of the 56th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize community redevelopment and authorize counties, municipalities, and local boards of education to use tax funds for redevelopment purposes and programs, including the payment of debt service on tax allocation bonds; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Finance Committee. The following House legislation was read the first time and referred to committee: HB 1015. By Representatives Jones of the 46th, Burkhalter of the 50th, Martin of the 47th, Geisinger of the 48th, Willard of the 49th and others: A BILL to be entitled an Act to amend Code Section 36-31-12 of the Official THURSDAY, FEBRUARY 21, 2008 527 Code of Georgia Annotated, relating to special districts divided into noncontiguous areas, so as to provide for additional requirements regarding certain excess funds; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 1016. By Representatives Lane of the 158th, Burns of the 157th, Knight of the 126th and Jerguson of the 22nd: A BILL to be entitled an Act to amend Code Section 27-4-151 of the Official Code of Georgia Annotated, relating to the use of crab traps, identification of boats or vessels, and closure of salt waters, so as to provide the commissioner of natural resources the ability to manage certain aspects of the blue crab resource; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 1026. By Representatives Smith of the 129th, Rogers of the 26th, Loudermilk of the 14th, Floyd of the 147th, Graves of the 12th and others: A BILL to be entitled an Act to amend Code Section 32-6-171 of the Official Code of Georgia Annotated, relating to the authority of the Department of Transportation to order removal, relocation, or adjustment of utility facilities, so as to provide that a utility may be exempt from certain requirements of notice and hearing when the department requires the removal, relocation, or adjustment of the facilities as a result of public road improvements; 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 1123. By Representatives Shaw of the 176th, Smith of the 129th, Sheldon of the 105th, Floyd of the 147th, Mills of the 25th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner of transportation to file reports on matters of interest to the General Assembly; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. 528 JOURNAL OF THE SENATE HB 1208. By Representatives Reese of the 98th, Everson of the 106th, Coan of the 101st, Cox of the 102nd, Rice of the 51st and others: A BILL to be entitled an Act to authorize Gwinnett County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HR 1206. By Representatives Geisinger of the 48th, Manning of the 32nd, Keen of the 179th, Meadows of the 5th, Lewis of the 15th and others: A RESOLUTION creating the Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission; and for other purposes. Referred to the Rules Committee. The following committee reports were read by the Secretary: Mr. President: The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 348 SB 383 SB 403 Do Pass by substitute Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Hudgens of the 47th 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 454 SB 473 Do Pass Do Pass THURSDAY, FEBRUARY 21, 2008 529 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 975 Do Pass HB 1115 Do Pass HB 1162 Do Pass HB 1164 Do Pass HB 1166 Do Pass HB 1167 Do Pass Respectfully submitted, Senator Wiles of the 37th District, Chairman Mr. President: The State Institutions and Property Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 967 SB 366 SR 753 Do Pass Do Pass by substitute Do Pass Respectfully submitted, Senator Grant of the 25th 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 428 Do Pass by substitute Respectfully submitted, Senator Mullis of the 53rd District, Chairman The following legislation was read the second time: SB 335 SB 397 SB 412 SR 809 530 JOURNAL OF THE SENATE The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Thompson of the 33rd Orrock of the 36th Tolleson of the 20th Ramsey of the 43rd 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 Jones of the 10th asked unanimous consent that Senator Davenport of the 44th be excused. The consent was granted, and Senator Davenport 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. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Bulloch Chance Chapman Cowsert Douglas Goggans Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Johnson Jones Me V Bremen Moody Mullis Murphy Pearson Reed Schaefer Seabaugh Seay Shafer,D Smith Staton Stoner Tarver Tate Thomas,D Thomas,R Thompson,C Unterman Weber Wiles Williams Not answering were Senators: Butler Fort (Excused) Powell Thompson, S. (Excused) Carter Golden (Excused) Ramsey (Excused) Tolleson (Excused) Davenport (Excused) Orrock (Excused) Rogers (Excused) The members pledged allegiance to the flag. Senator Seabaugh of the 28th introduced the chaplain of the day, Reverend Jimmy Patterson of Newnan, Georgia, who offered scripture reading and prayer. THURSDAY, FEBRUARY 21, 2008 531 The following resolutions were read and adopted: SR 989. By Senators Bulloch of the 11th, Hudgens of the 47th and Murphy of the 27th: A RESOLUTION commending Ms. Dianne Long and recognizing her on the occasion of her retirement on February 28, 2008; and for other purposes. SR 990. By Senator Thomas of the 2nd: A RESOLUTION commending the Promised Land Farm and recognizing the 2008 Collard Green Festival and the Collard Green Festival Parade; and for other purposes. SR 991. By Senators Fort of the 39th, Tate of the 38th, Harbison of the 15th, Reed of the 35th, Orrock of the 36th and others: A RESOLUTION recognizing and honoring the life of Reverend Doctor James Edward Orange; and for other purposes. SR 992. By Senator Schaefer of the 50th: A RESOLUTION recognizing and commending Stephens County for being designated this state's newest Entrepreneur Friendly community. SR 993. By Senator Schaefer of the 50th: A RESOLUTION recognizing and commending the founders of the Paul Anderson Memorial Park; and for other purposes. SR 994. By Senators Harp of the 29th, Cowsert of the 46th and Staton of the 18th: A RESOLUTION recognizing GAcollege411 Day at the capitol; and for other purposes. SR 995. By Senators Thompson of the 33rd, Harp of the 29th, Carter of the 13th, Hill of the 4th and Adelman of the 42nd: A RESOLUTION recognizing and congratulating the Georgia Drugs and Narcotics Agency on the occasion of its 100th anniversary; and for other purposes. 532 JOURNAL OF THE SENATE SR 997. By Senator Staton of the 18th: A RESOLUTION recognizing and congratulating the Tattnall Square Academy football team, 2007 Class AAA State Champions; and for other purposes. SR 998. By Senator Weber of the 40th: A RESOLUTION commending the Murphey Candler Little League organization on its 50th anniversary; and for other purposes. SR 999. By Senator Smith of the 52nd: A RESOLUTION recognizing and commending the 2007 Georgia School for the Deaf football team; and for other purposes. SR 1000. By Senator Smith of the 52nd: A RESOLUTION recognizing and commending the Georgia School for the Deaf Girls' Basketball Team as the champions of the 31st Annual Girls' Mason-Dixon Basketball Tournament; and for other purposes. SR 1001. By Senators Hill of the 4th and Williams of the 19th: A RESOLUTION honoring Coach Anson S. Callaway for his leadership and many outstanding accomplishments; and for other purposes. SR 1002. By Senators Hamrick of the 30th, Heath of the 31st, Seabaugh of the 28th and Thomas of the 54th: A RESOLUTION commending the University of West Georgia Cheerleading Teams; and for other purposes. Senator Pearson of the 51st asked unanimous consent that the following bill be withdrawn from the Senate Government Oversight Committee and committed to the Senate Economic Development Committee: SB 484. By Senators Pearson of the 51st, Rogers of the 21st, Williams of the 19th, Mullis of the 53rd, Murphy of the 27th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 50 of the O.C.G.A., relating to state purchasing, so as to require that a certain percentage of all funds appropriated to the states various budget units be dedicated to THURSDAY, FEBRUARY 21, 2008 533 projects and contracts involving small businesses; to require under certain circumstances that the Department of Administrative Services take into consideration such small business requirement prior to entering into any contract; to amend Chapter 22 of Title 50 of the O.C.G.A., relating to managerial control over acquisition of professional services, so as to provide that small businesses are considered wherever reasonable and practicable prior to a principal representative entering into a contract for professional services on behalf of certain state entities; to provide for related matters; to repeal conflicting laws; and for other purposes. The consent was granted, and SB 484 was committed to the Senate Economic Development Committee. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Thursday, February 21, 2008 Twenty-first Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 1162 Schaefer of the 50th CITY OF SKY VALLEY RABUN COUNTY A BILL to be entitled an Act to reincorporate and provide a new charter for the City of Sky Valley in Rabun 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 a city council; 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 rules and regulations; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. 534 HB 1164 JOURNAL OF THE SENATE Jackson of the 24th Grant of the 25th WARREN COUNTY A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Warren County, approved February 4, 1993 (Ga. L. 1993, p. 3651), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3702), and by an Act approved May 30, 2003 (Ga. L. 2003, p. 3806), so as to revise the districts for the election of members of the board; to provide for the manner of election; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. 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 1115 Seabaugh of the 28th Hamrick of the 30th CARROLL COUNTY A BILL to be entitled an Act to provide a homestead exemption from Carroll County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1166 Johnson of the 1st Williams of the 19th LIBERTY COUNTY A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Liberty County ad valorem taxes for county purposes, approved May 17, 2004 (Ga. L. 2004, p. 3818), so as to provide for certain restrictions to changing a propertys base year assessment; to provide that such exemption may transfer to a surviving spouse; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 21, 2008 535 HB 1167 Johnson of the 1st Williams of the 19th LIBERTY COUNTY A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Liberty County School District ad valorem taxes for educational purposes, approved May 17, 2004 (Ga. L. 2004, p. 3821), so as to provide for certain restrictions to changing a propertys base year assessment; to provide that such exemption may transfer to a surviving spouse; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas E Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Murphy E Orrock Y Pearson Y Powell Y Ramsey Reed Y Rogers Schaefer Y Seabaugh Y Seay Y Shafer,D Smith Y Staton 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 Wiles Williams On the passage of the local legislation, the yeas were 45, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. 536 JOURNAL OF THE SENATE Senators Murphy of the 27th and Mullis of the 53rd commended emergency medical services professionals of Georgia and recognized Thursday, February 21, 2008, as "Emergency Medical Services Recognition Day", designated by SR 897, adopted previously. HB 926 SB 381 SR 722 SB 353 SR 748 SB 430 HB 989 SB 395 SB 300 SENATE RULES CALENDAR THURSDAY, FEBRUARY 21, 2008 TWENTY-FIRST LEGISLATIVE DAY Revenue and taxation; Internal Revenue Code; define term (Floor Substitute) (FIN-21st) O`Neal-146th Pursuant to Senate Rule 7-1.6(b) final passage was suspended No Heartbeat Act; registration and certificates of birth; change certain provisions; provide for a definition (H&HS-40th) Grady Oversight Committee; create; Fulton-DeKalb Hospital Authority, Grady Health System, and Henry W. Grady Memorial Hospital; review (GvtO-48th) Public Hospital Integrity Act; certain individuals shall not serve on hospital authority board managing a hospital on behalf of a hospital authority (Substitute)(GvtO-48th) Grady Health System; urged to adopt changes to its employees health benefits plan; utilize Grady Health System for primary health care (GvtO-48th) DNA; Georgia Bureau of Investigation include information in database/compare to samples collected from evidentiary materials (PUB SAF-30th) Supplemental appropriations; State Fiscal Year July 1, 2007 - June 30, 2008 (Substitute)(APPROP-4th) Richardson-19th Indigent/Elderly Patients; establish safety net clinic grant program; provide definitions; purpose; eligibility; requirements (H&HS-7th) Transparency in Government Act; Dept. of Audits/Accounts; creation/maintenance of certain state expenditure information (Substitute)(APPROP-21st) THURSDAY, FEBRUARY 21, 2008 537 SB 421 False Identification Documents; change penalties based upon the age of the convicted person/nature of crime (JUDY-51st) 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 926. By Representatives O`Neal of the 146th and Rogers of the 21st: A BILL to be entitled an Act to amend Code Section 48-1-2 of the Official Code of Georgia Annotated, relating to definitions regarding revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to provide for an effective date; to provide applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st Pursuant to Senate Rule 7-1.6(b), final passage of HB 926 was suspended on Wednesday, February 20, 2008, due to the adoption of the Rogers floor substitute. The Rogers floor substitute to HB 926 (LC 18 7160S) which can be found in the Senate Journal on Wednesday, February 20, 2008, was automatically reconsidered and put upon its adoption. On the adoption of the substitute, there were no objections, and the Rogers substitute was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Carter Y Chance Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Schaefer Seabaugh Seay Y Shafer,D Smith Y Staton Y Stoner 538 JOURNAL OF THE SENATE Y Chapman Y Cowsert Y Davenport Y Douglas E Fort Y Goggans E Golden Y Grant Hamrick Y Harbison Y Harp Y Hawkins Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy E Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 0. HB 926, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Carter of the 13th Moody of the 56th SB 381. By Senators Weber of the 40th, Unterman of the 45th, Schaefer of the 50th, Rogers of the 21st, Williams of the 19th and others: A BILL to be entitled an Act to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change certain provisions relating to registration and certificates of birth; to provide for a short title; 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 E Carter Y Chance Y Chapman Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Schaefer Y Seabaugh Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver THURSDAY, FEBRUARY 21, 2008 539 Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Jones Y Me V Bremen E Moody Y Mullis Y Murphy E Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Tate Y Thomas,D Y Thomas,R Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. SB 381, having received the requisite constitutional majority, was passed. Senator Pearson of the 51st recognized his grandfather, John Didicher, on the occasion of his upcoming 100th birthday, commended by SR 848, adopted previously. John Didicher addressed the Senate briefly. The following resolution was read and adopted: SR 1005. By Senators Johnson of the 1st and Thomas of the 2nd: A RESOLUTION recognizing and commending the communities and organizations that responded to the disaster at the Imperial Sugar Plant; and for other purposes. Senators Johnson of the 1st and Thomas of the 2nd spoke to SR 1005 and recognized employees of the Imperial Sugar Plant. Senator Smith of the 52nd recognized the 2007 Georgia School for the Deaf football team, commended by SR 999, adopted previously. Senator Smith of the 52nd recognized the Georgia for the Deaf girls' basketball team as the champions of the 31st Annual Girls' Mason-Dixon Basketball Tournament, commended by SR 1000, adopted previously. Senator Harbison of the 15th introduced the doctor of the day, Dr. George Shannon. The Calendar was resumed. 540 JOURNAL OF THE SENATE SR 722. By Senators Shafer of the 48th, Williams of the 19th, Moody of the 56th, Johnson of the 1st, Rogers of the 21st and others: A RESOLUTION to create the Grady Oversight 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 Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson N Jones Y Me V Bremen Y Moody Y Mullis Y Murphy E Orrock Y Pearson Y Powell Y Ramsey N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 46, nays 6. SR 722, having received the requisite constitutional majority, was adopted. The following communication was received by the Secretary: Senator Nan Orrock District 36 327-B Coverdell Legislative Office Building Atlanta, Georgia 30334 Committees: Agriculture and Consumer Affairs Higher Education Interstate Cooperation Science and Technology Urban Affairs Health and Human Services THURSDAY, FEBRUARY 21, 2008 541 The State Senate Atlanta, Georgia 30334 February 21, 2008 To the Secretary of the Senate: Please record my vote on SR 722 as a NO vote, as I was recorded as not voting due to unforseen distraction during the vote. Thank you. /s/ Senator Nan Orrock Senate District 36 Senator Hamrick of the 30th recognized the University of West Georgia Cheerleading Teams, commended by SR 1002, adopted previously. The Calendar was resumed. SB 353. By Senators Shafer of the 48th, Williams of the 19th, Moody of the 56th, Johnson of the 1st, Rogers of the 21st and others: A BILL to be entitled an Act to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to enact the "Public Hospital Integrity Act"; to provide for a short title; to provide definitions; to provide that certain individuals shall not serve on a hospital authority board or a nonprofit organization managing a hospital on behalf of a hospital authority; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Government Oversight Committee offered the following substitute to SB 353: A BILL TO BE ENTITLED AN ACT To amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to enact the "Public Hospital Integrity Act"; to provide for a short title; to provide definitions; to provide that certain individuals shall not serve on a hospital authority board or a nonprofit organization managing a hospital on behalf of a hospital authority; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 542 JOURNAL OF THE SENATE SECTION 1. This Act shall be known and may be referred to as the "Public Hospital Integrity Act." SECTION 2. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, is amended by adding a new Code section to read as follows: "31-7-75.4. (a) As used in this Code section, the term: (1) 'Governing capacity' means service as a member of a hospital authority or a director of a nonprofit hospital management corporation. (2) 'Immediate family member' means spouse, parent, sibling, or child. (3) 'Major vendor of the public hospital' means any person or entity which receives more than $50,000.00 per year in payments from the public hospital other than for public utilities. (4) 'Nonprofit hospital management corporation' means a nonprofit corporation qualified as exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code created to manage a public hospital under contract with a hospital authority pursuant to Code Section 31-7-74.3 or other applicable laws. (5) 'Public hospital' means a hospital organized under this article by a resolution or ordinance of the governing bodies of two or more counties which receives more than 80 percent of its combined revenues from federal, state, and local government. (b) No individual shall be eligible to serve in a governing capacity of a public hospital if that individual or any immediate family member of such individual is an employee or contractor of the public hospital or an employee, director, or contractor of a major vendor of the public hospital. (c) This subsection shall be cumulative to: (1) Any conflict of interest provisions applicable to members of hospital authorities contained in this article; (2) Any conflict of interest provisions applicable to directors of nonprofit corporations contained in Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code'; and (3) Any other conflict of interest provisions adopted by the hospital authority or nonprofit hospital management corporation." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Fort of the 39th and Williams of the 19th offered the following amendment #1: Amend the Senate Government Oversight Committee substitute to SB 353 (LC 33 2357S) by inserting between lines 15 and 16 of page 1 the following: THURSDAY, FEBRUARY 21, 2008 543 (.1) 'Competitor' means any hospital licensed as a general hospital by the department, including a critical access hospital, which is operating within five miles of a public hospital. By adding after "hospital." on line 7 of page 2 the following: No individual shall be eligible to serve in a governing capacity of a public hospital if that individual is an employee or director of or has a financial interest in a competitor of the public hospital. On the adoption of the amendment, there were no objections, and the Fort, Williams amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour Y Brown Y Bulloch Y Butler Y Carter Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 353, having received the requisite constitutional majority, was passed by substitute. 544 JOURNAL OF THE SENATE SR 748. By Senators Shafer of the 48th, Staton of the 18th, Williams of the 19th, Moody of the 56th, Tolleson of the 20th and others: A RESOLUTION urging the Grady Health System to adopt changes to its employee health benefits plan to require or encourage its employees to utilize the Grady Health System for primary health care; urging Fulton County and DeKalb County to consider changes to their employee health benefits plans to encourage their employees to utilize the Grady Health System for primary health care; urging the Grady Health System to end its closed staff model and open credentialing to community doctors to encourage other insured patients to utilize the services of the Grady Health System for primary health care; 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the adoption of the resolution, the yeas were 51, nays 2. SR 748, having received the requisite constitutional majority, was adopted. THURSDAY, FEBRUARY 21, 2008 545 SB 430. By Senators Hamrick of the 30th, Hill of the 32nd, Mullis of the 53rd, Pearson of the 51st and Murphy of the 27th: A BILL to be entitled an Act to amend Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, so as to provide that the Georgia Bureau of Investigation may include such information in a data base and compare such information to samples collected from evidentiary materials; 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 Brown Y Bulloch Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed N Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 1. SB 430, having received the requisite constitutional majority, was passed. 546 JOURNAL OF THE SENATE Senator Hill of the 4th asked unanimous consent to drop HB 989 to the foot of today's Senate Rules Calendar. The consent was granted, and HB 989 was placed at the foot of the Rules Calendar. SB 395. By Senators Goggans of the 7th, Johnson of the 1st, Williams of the 19th, Cowsert of the 46th, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, so as to establish the safety net clinic grant program; to provide for definitions; to provide for the purpose of the grant program; to provide for eligibility; to provide for requirements; to provide for planning grants and implementation grants; to provide for data on safety net clinics; to provide for rules, regulations, and procedures; to provide for statutory construction; 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 Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams THURSDAY, FEBRUARY 21, 2008 547 On the passage of the bill, the yeas were 49, nays 0. SB 395, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator George Hooks District 14 431 State Capitol Atlanta, GA 30334 Committees: Appropriations Economic Development Ethics Natural Resources and the Environment Rules The State Senate Atlanta, Georgia 30334 February 21, 2008 The Honorable Bob Ewing Secretary of Senate 353 - Capitol Dear Mr. Secretary, I regret that I was off the Senate floor for the SB 395 vote. Please record my vote as YEA. Sincerely, /s/ George Hooks Senator, 14th District SB 300. By Senators Rogers of the 21st and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, so as to provide for the creation of and maintenance by the department of a website which provides public access to certain state expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the 548 JOURNAL OF THE SENATE Department of Audits and Accounts and the Department of Revenue; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Appropriations Committee offered the following substitute to SB 300: A BILL TO BE ENTITLED AN ACT To amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, so as to provide for the creation of and maintenance by the department of a website which provides public access to certain state expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Audits and Accounts and the Department of Revenue; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, is amended by adding a new Code section to read as follows: "50-6-32. (a) This Code section shall be known and may be cited as the 'Transparency in Government Act.' (b) As used in this Code section, the term: (1) 'Expenditure of state funds' means the expenditure of all appropriated or nonappropriated funds by a state entity from the state treasury in forms including, but not limited to: (A) Grants; (B) Contracts; (C) Subcontracts; (D) Tax refunds, rebates, or credits; (E) Payments made through economic and incentive programs operated by the Department of Economic Development, the Department of Labor, the Department of Community Affairs, the Department of Agriculture, and the Georgia Lottery Corporation; and (F) Expenditures from the Revenue Shortfall Reserve. (2) 'Expenditure of state funds' shall not mean the transfer of funds between two state agencies or payments of state or federal assistance to an individual. (3) 'Searchable website' means a website that allows the public to search and aggregate information identified in subsection (c) of this Code section. (c) No later than January 1, 2010, the department shall develop and operate a single, THURSDAY, FEBRUARY 21, 2008 549 searchable website accessible at no cost by the public, that provides information for each expenditure of state funds including, but not limited to: (1) The name and principal location or residence of the entity or recipients of the funds; (2) The amount of state funds expended; (3) The type of transaction; (4) The funding or expending agency; (5) The budget program source; (6) A descriptive purpose of the funding action or expenditure; and (7) Any other relevant information specified by the Department of Audits and Accounts. (d) The searchable website provided for in this Code section shall include data for the 2010-2011 fiscal year as it becomes available and each fiscal year thereafter. Such data shall be available on the searchable website no later than 30 days after the last day of the preceding fiscal year. (e) All agencies of state government shall provide to the Department of Audits and Accounts such information as is necessary to accomplish the purposes of this Code section. (f) Nothing in this Code section shall require the disclosure of information which is considered confidential by state or federal law." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver 550 JOURNAL OF THE SENATE Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Ramsey Y Reed Y Rogers Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. SB 300, having received the requisite constitutional majority, was passed by substitute. SB 421. By Senators Pearson of the 51st, Rogers of the 21st, Wiles of the 37th, Hawkins of the 49th, Williams of the 19th and others: A BILL to be entitled an Act to amend Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to the crime of knowingly manufacturing, selling, or distributing false identification documents, so as to change the penalties for such offense based upon the age of the person convicted and the nature of the crime; to provide for related matters; 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: N Adelman Y Balfour Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton N Stoner Y Tarver Y Tate THURSDAY, FEBRUARY 21, 2008 551 Y Davenport Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins N Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers On the passage of the bill, the yeas were 46, nays 5. Y Thomas,D Y Thomas,R N Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Wiles Y Williams SB 421, having received the requisite constitutional majority, was passed. Senator Davenport of the 44th recognized the Empire Board of Realtists, Inc., commended by SR 967, adopted previously. Priscilla Harrell addressed the Senate briefly. At 11:44 a.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. The Calendar was resumed. HB 989. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the "General Appropriations Act," approved May 30, 2007. Senate Sponsor: Senator Hill of the 4th. The Senate Appropriations Committee offered the following substitute to HB 989: THURSDAY, FEBRUARY 21, 2008 552 A BILL TO BE ENTITLED AN ACT To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1,2007, and ending June 30, 2008, known as the general appropriations Act, approved May 30, 2007, as House Bill 95, Act No. 377, Ga. Laws 2007, Volume One, Book Two Appendix, commencing at Page 1 of 277, so as to make, provide and change certain appropriations for the operation of 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: An Act making and providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the general appropriations Act, approved May 30, 2007, as House Bill 95, Act No. 377, Ga. Laws 2007, Volume One, Book Two Appendix, commencing at Page 1 of 277, is amended by striking everything following the enacting clause and substituting in lieu thereof the following: HB 989 Governor House SAC Revenue Sources Available for Appropriation TOTAL STATE FUNDS $20,545,196,148 $20,545,196,148 $20,545,196,148 State General Funds $18,377,013,830 $18,377,013,830 $18,377,013,830 Revenue Shortfall Reserve for K-12 Needs $188,404,416 $188,404,416 $188,404,416 State Motor Fuel Funds $987,910,062 $987,910,062 $987,910,062 Lottery Proceeds $841,554,506 $841,554,506 $841,554,506 Tobacco Settlement Funds $148,344,341 $148,344,341 $148,344,341 Brain and Spinal Injury Trust Fund $1,968,993 $1,968,993 $1,968,993 TOTAL FEDERAL FUNDS $10,516,215,467 $10,562,778,467 $10,631,709,473 Child Care & Development Block Grant CFDA93.575 $78,180,727 $78,180,727 $78,180,727 CCDF Mandatory & Matching Funds CFDA93.596 $92,815,579 $92,815,579 $92,815,579 Community Mental Health Services Block Grant CFDA93.958 $13,191,463 $13,191,463 $13,191,463 Community Services Block Grant CFDA93.569 $17,193,252 $17,193,252 $17,193,252 Federal Funds Not Itemized $2,460,858,421 $2,460,858,421 $2,460,858,421 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,310,432,809 $1,310,432,809 $1,310,432,809 Foster Care Title IV-E CFDA93.658 $60,094,656 $60,094,656 $60,094,656 Low-Income Home Energy Assistance CFDA93.568 $24,627,737 $24,627,737 $24,627,737 Maternal & Child Health Services Block Grant CFDA93.994 $20,172,177 $20,172,177 $20,172,177 THURSDAY, FEBRUARY 21, 2008 553 Medical Assistance Program CFDA93.778 $5,627,778,134 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $60,663,494 Preventive Health & Health Services Block Grant CFDA93.991 $6,289,202 Social Services Block Grant CFDA93.667 $55,015,615 State Children's Insurance Program CFDA93.767 $247,589,080 Temporary Assistance for Needy Families $368,024,967 Temporary Assistance for Needy Families Grant CFDA93.558 $338,324,967 TANF Transfers to Social Services Block Grant per 42 USC 604 TANF Transfers to Child Care Development Fund per 42 USC 604 $29,700,000 TANF Unobligated Balance per 42 USC 604 $73,288,154 TOTAL AGENCY FUNDS $4,166,243,846 Contributions, Donations, and Forfeitures $9,231,707 TANF Maintenance-of-Effort from External Sources Contributions, Donations, and Forfeitures Not Itemized $9,231,707 Reserved Fund Balances $492,214,683 Reserved Fund Balances Not Itemized $492,214,683 Interest and Investment Income $2,891,431 Interest and Investment Income Not Itemized $2,891,431 Intergovernmental Transfers $1,926,451,740 Hospital Authorities $233,208,626 Intergovernmental Transfers Not Itemized $1,693,243,114 Rebates, Refunds, and Reimbursements $69,871,793 Rebates, Refunds, and Reimbursements Not Itemized $69,871,793 Royalties and Rents $6,040,682 Royalties and Rents Not Itemized $6,040,682 Sales and Services $1,659,051,760 Record Center Storage Fees $435,771 Sales and Services Not Itemized $1,658,615,989 Sanctions, Fines, and Penalties $490,050 Sanctions, Fines, and Penalties Not Itemized $490,050 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,272,913,260 State Funds Transfers $3,249,048,704 Accounting System Assessments $9,258,772 $5,627,910,045 $60,663,494 $6,289,202 $55,015,615 $294,020,169 $368,024,967 $338,324,967 $29,700,000 $73,288,154 $4,166,605,466 $9,231,707 $9,231,707 $492,576,303 $492,576,303 $2,891,431 $2,891,431 $1,926,451,740 $233,208,626 $1,693,243,114 $69,871,793 $69,871,793 $6,040,682 $6,040,682 $1,659,051,760 $435,771 $1,658,615,989 $490,050 $490,050 $3,272,913,260 $3,249,048,704 $9,258,772 $5,616,857,572 $60,663,494 $6,289,202 $55,015,615 $294,020,169 $368,024,967 $346,024,967 $22,000,000 $153,271,633 $4,217,026,140 $55,231,707 $46,000,000 $9,231,707 $492,594,803 $492,594,803 $5,020,567 $5,020,567 $1,926,451,740 $233,208,626 $1,693,243,114 $70,696,793 $70,696,793 $6,040,682 $6,040,682 $1,660,499,798 $435,771 $1,660,064,027 $490,050 $490,050 $3,272,913,260 $3,249,048,704 $9,258,772 554 JOURNAL OF THE SENATE Administrative Hearing Payments per OCGA50-13-44 Agency to Agency Contracts Air Transportation Charges Health Insurance Payments Legal Services - Client Reimbursable per OCGA45-15-4 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 Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563 FF Foster Care Title IV-E CFDA93.658 FF Highway Safety Improvement Grants CFDA20.603 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 FF State and Community Highway Safety CFDA20.600 FF Temporary Assistance for Needy Families CFDA93.558 FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS $608,684 $608,684 $608,684 $7,209,732 $7,209,732 $7,209,732 $657,795 $657,795 $657,795 $2,709,509,743 $2,709,509,743 $2,709,509,743 $36,801,423 $36,801,423 $36,801,423 $51,804,479 $51,804,479 $51,804,479 $1,649,701 $1,649,701 $1,649,701 $12,030,767 $12,030,767 $12,030,767 $333,430 $333,430 $333,430 $1,494,118 $1,494,118 $1,494,118 $287,421,849 $287,421,849 $287,421,849 $20,678,179 $20,678,179 $20,678,179 $999,895 $999,895 $999,895 $43,863,126 $43,863,126 $43,863,126 $759,169 $759,169 $759,169 $8,046,494 $8,046,494 $8,046,494 $55,921,348 $55,921,348 $55,921,348 $23,864,556 $23,864,556 $23,864,556 $1,767,046 $1,767,046 $1,767,046 $946,237 $946,237 $946,237 $14,372 $14,372 $14,372 $8,355,309 $8,355,309 $8,355,309 $4,210,790 $4,210,790 $4,210,790 $744,181 $744,181 $744,181 $7,000,000 $7,000,000 $7,000,000 $826,621 $826,621 $826,621 $35,227,655,461 $35,274,580,081 $35,393,931,761 Changes in Fund Availability TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs State Motor Fuel Funds $332,601,591 $76,808,514 $188,404,416 $68,482,862 $332,601,591 $76,808,514 $188,404,416 $68,482,862 $332,601,591 $76,808,514 $188,404,416 $68,482,862 THURSDAY, FEBRUARY 21, 2008 555 Brain and Spinal Injury Trust Fund ($1,094,201) TOTAL FEDERAL FUNDS $264,699,099 Federal Funds Not Itemized $1,203,019 Foster Care Title IV-E CFDA93.658 $7,000,000 Medical Assistance Program CFDA93.778 $245,361,765 State Children's Insurance Program CFDA93.767 ($2,889,978) Temporary Assistance for Needy Families $14,024,293 Temporary Assistance for Needy Families Grant CFDA93.558 $14,024,293 TANF Transfers to Social Services Block Grant per 42 USC 604 TANF Transfers to Child Care Development Fund per 42 USC 604 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS $84,576,516 Contributions, Donations, and Forfeitures ($46,000,000) TANF Maintenance-of-Effort from External Sources ($46,000,000) Reserved Fund Balances $130,576,516 General Obligation Debt Reserve-State General Funds ($67,648,144) General Obligation Debt Reserve-State Motor Fuel Funds ($37,385,000) Reserved Fund Balances Not Itemized $235,609,660 Interest and Investment Income Interest and Investment Income Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,564,586 State Funds Transfers $6,564,586 Optional Medicaid Services Payments $6,564,586 Federal Funds Transfers ($5,000,000) FF Medical Assistance Program CFDA93.778 ($5,000,000) TOTAL PUBLIC FUNDS $683,441,792 ($1,094,201) $311,262,099 $1,203,019 $7,000,000 $245,493,676 $43,541,111 $14,024,293 $14,024,293 $84,938,136 ($46,000,000) ($46,000,000) $130,938,136 ($67,648,144) ($37,385,000) $235,971,280 $1,564,586 $6,564,586 $6,564,586 ($5,000,000) ($5,000,000) $730,366,412 ($1,094,201) $339,146,810 $1,203,019 $7,000,000 $234,441,203 $43,541,111 ($27,022,002) ($19,322,002) $22,000,000 ($29,700,000) $79,983,479 $135,358,810 $130,956,636 ($67,648,144) ($37,385,000) $235,989,780 $2,129,136 $2,129,136 $825,000 $825,000 $1,448,038 $1,448,038 $1,564,586 $6,564,586 $6,564,586 ($5,000,000) ($5,000,000) $808,671,797 Reconciliation of Fund Availability to Fund Application TOTAL FEDERAL FUNDS ($41,046,295) ($41,046,295) 556 JOURNAL OF THE SENATE Temporary Assistance for Needy Families ($41,046,295) ($41,046,295) Temporary Assistance for Needy Families Grant CFDA93.558 ($41,046,295) ($41,046,295) Section 1: Georgia Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 1.0 Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 2.0 Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds Appropriation (HB 989) $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 THURSDAY, FEBRUARY 21, 2008 557 TOTAL PUBLIC FUNDS $1,307,366 $1,307,366 $1,307,366 Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 3.0 Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 Senate Budget and Evaluation Office Continuation Budget The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $1,047,605 $1,047,605 $1,047,605 State General Funds $1,047,605 $1,047,605 $1,047,605 TOTAL PUBLIC FUNDS $1,047,605 $1,047,605 $1,047,605 4.0 Senate Budget and Evaluation Office Appropriation (HB 989) The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $1,047,605 $1,047,605 $1,047,605 State General Funds $1,047,605 $1,047,605 $1,047,605 TOTAL PUBLIC FUNDS $1,047,605 $1,047,605 $1,047,605 Section 2: Georgia House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 TOTAL STATE FUNDS State General Funds Section Total - Final $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 558 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $18,995,716 $18,995,716 $18,995,716 House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 5.0 House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 Section 3: Georgia General Assembly Joint Offices TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 Ancillary Activities Continuation Budget The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,234,402 $4,234,402 State General Funds $4,234,402 $4,234,402 TOTAL PUBLIC FUNDS $4,234,402 $4,234,402 $4,234,402 $4,234,402 $4,234,402 6.0 Ancillary Activities Appropriation (HB 989) The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,234,402 $4,234,402 $4,234,402 State General Funds $4,234,402 $4,234,402 $4,234,402 THURSDAY, FEBRUARY 21, 2008 559 TOTAL PUBLIC FUNDS $4,234,402 $4,234,402 $4,234,402 Legislative Fiscal Office Continuation Budget 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 $2,687,623 $2,687,623 $2,687,623 State General Funds $2,687,623 $2,687,623 $2,687,623 TOTAL PUBLIC FUNDS $2,687,623 $2,687,623 $2,687,623 7.0 Legislative Fiscal Office Appropriation (HB 989) 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 $2,687,623 $2,687,623 $2,687,623 State General Funds $2,687,623 $2,687,623 $2,687,623 TOTAL PUBLIC FUNDS $2,687,623 $2,687,623 $2,687,623 Office of Legislative Counsel Continuation Budget The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $3,003,569 $3,003,569 $3,003,569 State General Funds $3,003,569 $3,003,569 $3,003,569 TOTAL PUBLIC FUNDS $3,003,569 $3,003,569 $3,003,569 8.0 Office of Legislative Counsel Appropriation (HB 989) The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $3,003,569 $3,003,569 $3,003,569 State General Funds $3,003,569 $3,003,569 $3,003,569 TOTAL PUBLIC FUNDS $3,003,569 $3,003,569 $3,003,569 Section 4: Audits and Accounts, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 560 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,359,044 $34,359,044 $34,359,044 Audit and Assurance Services Continuation Budget The purpose of this appropriation is to provide financial, performance and information system audits and perform duties as specified in OCGA 50-6-10. TOTAL STATE FUNDS $30,554,156 $30,554,156 $30,554,156 State General Funds $30,554,156 $30,554,156 $30,554,156 TOTAL PUBLIC FUNDS $30,554,156 $30,554,156 $30,554,156 9.1 Reduce funds received for five positions due to the Governor's veto of HB91 (2007 Session). State General Funds ($283,023) 9.0 Audit and Assurance Services Appropriation (HB 989) The purpose of this appropriation is to provide financial, performance and information system audits and perform duties as specified in OCGA 50-6-10. TOTAL STATE FUNDS $30,554,156 $30,554,156 $30,271,133 State General Funds $30,554,156 $30,554,156 $30,271,133 TOTAL PUBLIC FUNDS $30,554,156 $30,554,156 $30,271,133 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,697,528 $1,697,528 State General Funds $1,697,528 $1,697,528 TOTAL PUBLIC FUNDS $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 10.0 Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,697,528 $1,697,528 $1,697,528 State General Funds $1,697,528 $1,697,528 $1,697,528 TOTAL PUBLIC FUNDS $1,697,528 $1,697,528 $1,697,528 THURSDAY, FEBRUARY 21, 2008 561 Legislative Services Continuation Budget 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 $121,985 $121,985 $121,985 State General Funds $121,985 $121,985 $121,985 TOTAL PUBLIC FUNDS $121,985 $121,985 $121,985 11.0 Legislative Services Appropriation (HB 989) 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 $121,985 $121,985 $121,985 State General Funds $121,985 $121,985 $121,985 TOTAL PUBLIC FUNDS $121,985 $121,985 $121,985 Statewide Equalized Adjusted Property Tax Digest Continuation Budget 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. TOTAL STATE FUNDS $2,268,398 $2,268,398 $2,268,398 State General Funds $2,268,398 $2,268,398 $2,268,398 TOTAL PUBLIC FUNDS $2,268,398 $2,268,398 $2,268,398 12.0 Statewide Equalized Adjusted Property Tax Digest Appropriation (HB 989) 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. TOTAL STATE FUNDS $2,268,398 $2,268,398 $2,268,398 State General Funds $2,268,398 $2,268,398 $2,268,398 TOTAL PUBLIC FUNDS $2,268,398 $2,268,398 $2,268,398 Section 5: Appeals, Court of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Section Total - Continuation $13,808,111 $13,808,111 $150,000 $13,808,111 $13,808,111 $150,000 $13,808,111 $13,808,111 $150,000 562 JOURNAL OF THE SENATE Sales and Services TOTAL PUBLIC FUNDS $150,000 $13,958,111 $150,000 $13,958,111 $150,000 $13,958,111 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $14,216,369 $14,216,369 $150,000 $150,000 $14,366,369 $14,216,369 $14,216,369 $150,000 $150,000 $14,366,369 $14,143,127 $14,143,127 $150,000 $150,000 $14,293,127 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 $13,808,111 $13,808,111 $13,808,111 State General Funds $13,808,111 $13,808,111 $13,808,111 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 $13,958,111 $13,958,111 $13,958,111 13.1 Increase funds for operations. State General Funds $73,242 $73,242 $0 13.2 Increase funds to cover real estate costs associated with additional space acquired and an increase in square footage costs. Sites: Health Building, Judicial Building State General Funds $258,530 $258,530 $258,530 13.3 Increase funds for the Westlaw contract. State General Funds $20,445 $20,445 $20,445 13.4 Increase funds for mileage reimbursements in accordance with HB120 (2007 Session). State General Funds $56,041 $56,041 $56,041 13.0 Court of Appeals Appropriation (HB 989) 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 $14,216,369 $14,216,369 $14,143,127 THURSDAY, FEBRUARY 21, 2008 563 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $14,216,369 $150,000 $150,000 $150,000 $14,366,369 $14,216,369 $150,000 $150,000 $150,000 $14,366,369 $14,143,127 $150,000 $150,000 $150,000 $14,293,127 Section 6: Judicial Council TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $16,198,503 $16,198,503 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 $16,198,503 $16,198,503 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 $16,198,503 $16,198,503 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 Section Total - Final TOTAL STATE FUNDS $16,198,503 State General Funds $16,198,503 TOTAL FEDERAL FUNDS $2,227,953 Federal Funds Not Itemized $1,553,371 Foster Care Title IV-E CFDA93.658 $521,571 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $153,011 TOTAL AGENCY FUNDS $621,594 Sales and Services $621,594 TOTAL PUBLIC FUNDS $19,048,050 $16,198,503 $16,198,503 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 $16,198,503 $16,198,503 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 Georgia Office of Dispute Resolution Continuation Budget The purpose of this appropriation is to oversee the development of court-connected alternative dispute resolution programs in Georgia. TOTAL STATE FUNDS $144,643 $144,643 $144,643 564 JOURNAL OF THE SENATE State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $144,643 $185,679 $185,679 $185,679 $330,322 $144,643 $185,679 $185,679 $185,679 $330,322 $144,643 $185,679 $185,679 $185,679 $330,322 14.0 Georgia Office of Dispute Resolution Appropriation (HB 989) The purpose of this appropriation is to oversee the development of court-connected alternative dispute resolution programs in Georgia. TOTAL STATE FUNDS $144,643 $144,643 $144,643 State General Funds $144,643 $144,643 $144,643 TOTAL AGENCY FUNDS $185,679 $185,679 $185,679 Sales and Services $185,679 $185,679 $185,679 Sales and Services Not Itemized $185,679 $185,679 $185,679 TOTAL PUBLIC FUNDS $330,322 $330,322 $330,322 Institute of Continuing Judicial Education Continuation Budget 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 $1,109,297 $1,109,297 $1,109,297 State General Funds $1,109,297 $1,109,297 $1,109,297 TOTAL AGENCY FUNDS $202,530 $202,530 $202,530 Sales and Services $202,530 $202,530 $202,530 Sales and Services Not Itemized $202,530 $202,530 $202,530 TOTAL PUBLIC FUNDS $1,311,827 $1,311,827 $1,311,827 15.0 Institute of Continuing Judicial Education Appropriation (HB 989) 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 $1,109,297 $1,109,297 $1,109,297 State General Funds $1,109,297 $1,109,297 $1,109,297 TOTAL AGENCY FUNDS $202,530 $202,530 $202,530 Sales and Services $202,530 $202,530 $202,530 THURSDAY, FEBRUARY 21, 2008 565 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $202,530 $1,311,827 $202,530 $1,311,827 $202,530 $1,311,827 Judicial Council Continuation Budget The purpose of this appropriation is to assist judges, administrators, clerks of court and other officers and employees of the court pertaining to matters relating to court administration, provided that $2,150,000 is designated for Drug and DUI Courts. TOTAL STATE FUNDS $13,841,964 $13,841,964 $13,841,964 State General Funds $13,841,964 $13,841,964 $13,841,964 TOTAL FEDERAL FUNDS $2,227,953 $2,227,953 $2,227,953 Federal Funds Not Itemized $1,553,371 $1,553,371 $1,553,371 Foster Care Title IV-E CFDA93.658 $521,571 $521,571 $521,571 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $153,011 $153,011 $153,011 TOTAL AGENCY FUNDS $233,385 $233,385 $233,385 Sales and Services $233,385 $233,385 $233,385 Sales and Services Not Itemized $233,385 $233,385 $233,385 TOTAL PUBLIC FUNDS $16,303,302 $16,303,302 $16,303,302 16.0 Judicial Council Appropriation (HB 989) The purpose of this appropriation is to assist judges, administrators, clerks of court and other officers and employees of the court pertaining to matters relating to court administration, provided that $2,150,000 is designated for Drug and DUI Courts. TOTAL STATE FUNDS $13,841,964 $13,841,964 $13,841,964 State General Funds $13,841,964 $13,841,964 $13,841,964 TOTAL FEDERAL FUNDS $2,227,953 $2,227,953 $2,227,953 Federal Funds Not Itemized $1,553,371 $1,553,371 $1,553,371 Foster Care Title IV-E CFDA93.658 $521,571 $521,571 $521,571 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $153,011 $153,011 $153,011 TOTAL AGENCY FUNDS $233,385 $233,385 $233,385 Sales and Services $233,385 $233,385 $233,385 Sales and Services Not Itemized $233,385 $233,385 $233,385 TOTAL PUBLIC FUNDS $16,303,302 $16,303,302 $16,303,302 Judicial Qualifications Commission Continuation Budget The purpose of this appropriation is to discipline, remove, and cause involuntary retirement of judges. 566 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $302,599 $302,599 $302,599 $302,599 $302,599 $302,599 $302,599 $302,599 $302,599 17.0 Judicial Qualifications Commission Appropriation (HB 989) The purpose of this appropriation is to discipline, remove, and cause involuntary retirement of judges. TOTAL STATE FUNDS $302,599 $302,599 $302,599 State General Funds $302,599 $302,599 $302,599 TOTAL PUBLIC FUNDS $302,599 $302,599 $302,599 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 18.0 Resource Center Appropriation (HB 989) 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 Section 7: Juvenile Courts TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $6,703,551 $6,703,551 $447,456 $447,456 $7,151,007 $6,703,551 $6,703,551 $447,456 $447,456 $7,151,007 $6,703,551 $6,703,551 $447,456 $447,456 $7,151,007 TOTAL STATE FUNDS State General Funds Section Total - Final $6,703,551 $6,703,551 $6,703,551 $6,703,551 $6,703,551 $6,703,551 THURSDAY, FEBRUARY 21, 2008 567 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $447,456 $447,456 $7,151,007 $447,456 $447,456 $7,151,007 $447,456 $447,456 $7,151,007 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 $1,701,125 $1,701,125 $1,701,125 State General Funds $1,701,125 $1,701,125 $1,701,125 TOTAL FEDERAL FUNDS $447,456 $447,456 $447,456 Federal Funds Not Itemized $447,456 $447,456 $447,456 TOTAL PUBLIC FUNDS $2,148,581 $2,148,581 $2,148,581 19.0 Council of Juvenile Court Judges Appropriation (HB 989) 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 $1,701,125 $1,701,125 $1,701,125 State General Funds $1,701,125 $1,701,125 $1,701,125 TOTAL FEDERAL FUNDS $447,456 $447,456 $447,456 Federal Funds Not Itemized $447,456 $447,456 $447,456 TOTAL PUBLIC FUNDS $2,148,581 $2,148,581 $2,148,581 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 $5,002,426 $5,002,426 State General Funds $5,002,426 $5,002,426 TOTAL PUBLIC FUNDS $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 20.0 Grants to Counties for Juvenile Court Judges Appropriation (HB 989) This program mandates payment of state funds to circuits to pay for juvenile court judges salaries. TOTAL STATE FUNDS $5,002,426 $5,002,426 $5,002,426 State General Funds $5,002,426 $5,002,426 $5,002,426 TOTAL PUBLIC FUNDS $5,002,426 $5,002,426 $5,002,426 568 JOURNAL OF THE SENATE Section 8: Prosecuting Attorneys TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $57,401,675 $57,401,675 $1,767,046 $1,767,046 $59,168,721 $57,401,675 $57,401,675 $1,767,046 $1,767,046 $59,168,721 $57,401,675 $57,401,675 $1,767,046 $1,767,046 $59,168,721 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $57,757,713 $57,757,713 $1,767,046 $1,767,046 $59,524,759 $57,511,675 $57,511,675 $1,767,046 $1,767,046 $59,278,721 $57,617,713 $57,617,713 $1,767,046 $1,767,046 $59,384,759 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 $51,194,203 $51,194,203 $51,194,203 State General Funds $51,194,203 $51,194,203 $51,194,203 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,767,046 $1,767,046 $1,767,046 Federal Funds Transfers $1,767,046 $1,767,046 $1,767,046 FF Child Support Enforcement Title IV-D CFDA93.563 $1,767,046 $1,767,046 $1,767,046 TOTAL PUBLIC FUNDS $52,961,249 $52,961,249 $52,961,249 21.1 Increase funds to cover a projected operating shortfall. (H and S:Increase funds to cover a shortfall in travel) State General Funds $250,000 $110,000 $110,000 21.0 District Attorneys Appropriation (HB 989) 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 $51,444,203 $51,304,203 $51,304,203 State General Funds $51,444,203 $51,304,203 $51,304,203 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,767,046 $1,767,046 $1,767,046 THURSDAY, FEBRUARY 21, 2008 569 Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563 TOTAL PUBLIC FUNDS $1,767,046 $1,767,046 $53,211,249 $1,767,046 $1,767,046 $53,071,249 $1,767,046 $1,767,046 $53,071,249 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 $6,207,472 $6,207,472 $6,207,472 State General Funds $6,207,472 $6,207,472 $6,207,472 TOTAL PUBLIC FUNDS $6,207,472 $6,207,472 $6,207,472 22.1 Increase funds for the contract with the Department of Administrative Services (DOAS) for a payroll clerk. State General Funds $17,038 $0 $17,038 22.2 Increase funds to complete a contract initiated in FY07 for the judicial circuit integrated communications project. State General Funds $89,000 $0 $89,000 22.0 Prosecuting Attorney's Council Appropriation (HB 989) This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $6,313,510 $6,313,510 $6,313,510 $6,207,472 $6,207,472 $6,207,472 $6,313,510 $6,313,510 $6,313,510 Section 9: Superior Courts TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $61,286,679 $61,286,679 $61,286,679 $61,286,679 $61,286,679 $61,286,679 $60,845,688 $60,845,688 $60,845,688 570 JOURNAL OF THE SENATE 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 $258,000 $258,000 $258,000 State General Funds $258,000 $258,000 $258,000 TOTAL PUBLIC FUNDS $258,000 $258,000 $258,000 25.0 Council of Superior Court Clerks Appropriation (HB 989) 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 $258,000 $258,000 $258,000 State General Funds $258,000 $258,000 $258,000 TOTAL PUBLIC FUNDS $258,000 $258,000 $258,000 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 $1,079,165 $1,079,165 $1,079,165 State General Funds $1,079,165 $1,079,165 $1,079,165 TOTAL PUBLIC FUNDS $1,079,165 $1,079,165 $1,079,165 26.0 Council of Superior Court Judges Appropriation (HB 989) 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 $1,079,165 $1,079,165 $1,079,165 State General Funds $1,079,165 $1,079,165 $1,079,165 TOTAL PUBLIC FUNDS $1,079,165 $1,079,165 $1,079,165 Judicial Administrative Districts Continuation Budget 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 $2,378,508 $2,378,508 $2,378,508 State General Funds $2,378,508 $2,378,508 $2,378,508 THURSDAY, FEBRUARY 21, 2008 571 TOTAL PUBLIC FUNDS $2,378,508 $2,378,508 $2,378,508 27.0 Judicial Administrative Districts Appropriation (HB 989) 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 $2,378,508 $2,378,508 $2,378,508 State General Funds $2,378,508 $2,378,508 $2,378,508 TOTAL PUBLIC FUNDS $2,378,508 $2,378,508 $2,378,508 Superior Court Judges Continuation Budget The purpose of this appropriation is to enable Georgia's Superior Courts to be general jurisdiction trial court and exercise exclusive, constitutional authority over felony cases, divorce, equity and cases regarding title to land; provided that law clerks over the fifty provided by law are to be allocated back to the circuits by caseload ranks. TOTAL STATE FUNDS $57,130,015 $57,130,015 $57,130,015 State General Funds $57,130,015 $57,130,015 $57,130,015 TOTAL PUBLIC FUNDS $57,130,015 $57,130,015 $57,130,015 28.1 Increase funds for employer contributions to the county courts' retirement fund for state court judges, juvenile court judges, and county solicitors general. State General Funds $440,991 $440,991 $0 28.0 Superior Court Judges Appropriation (HB 989) The purpose of this appropriation is to enable Georgia's Superior Courts to be general jurisdiction trial court and exercise exclusive, constitutional authority over felony cases, divorce, equity and cases regarding title to land; provided that law clerks over the fifty provided by law are to be allocated back to the circuits by caseload ranks. TOTAL STATE FUNDS $57,571,006 $57,571,006 $57,130,015 State General Funds $57,571,006 $57,571,006 $57,130,015 TOTAL PUBLIC FUNDS $57,571,006 $57,571,006 $57,130,015 Section 10: Supreme Court TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 572 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $8,862,383 $8,862,383 $8,862,383 $8,734,309 $8,734,309 $8,734,309 $8,826,193 $8,826,193 $8,826,193 Supreme Court of Georgia Continuation Budget 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 $8,700,335 $8,700,335 $8,700,335 State General Funds $8,700,335 $8,700,335 $8,700,335 TOTAL PUBLIC FUNDS $8,700,335 $8,700,335 $8,700,335 29.1 Increase funds for annual leave payouts for four retiring employees. State General Funds $104,074 $0 $79,884 29.2 Increase funds for mileage reimbursements in accordance with HB120 (2007 Session). State General Funds $10,000 $10,000 $10,000 29.3 Increase funds to cover the FY08 Georgia Building Authority (GBA) real estate rental rate adjustment. State General Funds $11,349 $11,349 $11,349 29.4 Increase funds for an adjustment in rent for the Georgia International Convention Center to administer the Georgia Bar Exam. State General Funds $24,000 $0 $12,000 29.5 Increase funds for fees paid to monitors and professional consultants for the Georgia Bar Exam. State General Funds $12,625 $12,625 $12,625 29.0 Supreme Court of Georgia Appropriation (HB 989) 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 State General Funds TOTAL PUBLIC FUNDS $8,862,383 $8,862,383 $8,862,383 $8,734,309 $8,734,309 $8,734,309 $8,826,193 $8,826,193 $8,826,193 THURSDAY, FEBRUARY 21, 2008 573 Section 11: Accounting Office, State TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 State Accounting Office Continuation Budget 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 $7,205,916 $7,205,916 $7,205,916 State General Funds $7,205,916 $7,205,916 $7,205,916 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $9,258,772 $9,258,772 $9,258,772 State Funds Transfers $9,258,772 $9,258,772 $9,258,772 Accounting System Assessments $9,258,772 $9,258,772 $9,258,772 TOTAL PUBLIC FUNDS $16,464,688 $16,464,688 $16,464,688 30.0 State Accounting Office Appropriation (HB 989) 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 $7,205,916 $7,205,916 $7,205,916 State General Funds $7,205,916 $7,205,916 $7,205,916 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $9,258,772 $9,258,772 $9,258,772 State Funds Transfers $9,258,772 $9,258,772 $9,258,772 Accounting System Assessments $9,258,772 $9,258,772 $9,258,772 TOTAL PUBLIC FUNDS $16,464,688 $16,464,688 $16,464,688 574 JOURNAL OF THE SENATE Section 12: Administrative Services, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $16,118,189 $16,118,189 $7,523,494 $262,121 $1,483,725 $214,726 $5,562,922 $142,287,597 $142,287,597 $165,929,280 $16,118,189 $16,118,189 $7,523,494 $262,121 $1,483,725 $214,726 $5,562,922 $142,287,597 $142,287,597 $165,929,280 $16,118,189 $16,118,189 $7,523,494 $262,121 $1,483,725 $214,726 $5,562,922 $142,287,597 $142,287,597 $165,929,280 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $15,818,189 $15,818,189 $7,523,494 $262,121 $1,483,725 $214,726 $5,562,922 $142,287,597 $142,287,597 $165,629,280 $16,318,189 $16,318,189 $7,523,494 $262,121 $1,483,725 $214,726 $5,562,922 $142,287,597 $142,287,597 $166,129,280 $15,918,189 $15,918,189 $8,348,494 $262,121 $2,308,725 $214,726 $5,562,922 $142,287,597 $142,287,597 $166,554,280 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,349,936 $2,349,936 State General Funds $2,349,936 $2,349,936 TOTAL AGENCY FUNDS $762,350 $762,350 Interest and Investment Income $62,121 $62,121 Interest and Investment Income Not Itemized $62,121 $62,121 Royalties and Rents $59,151 $59,151 $2,349,936 $2,349,936 $762,350 $62,121 $62,121 $59,151 THURSDAY, FEBRUARY 21, 2008 575 Royalties and Rents Not Itemized $59,151 $59,151 $59,151 Sales and Services $641,078 $641,078 $641,078 Sales and Services Not Itemized $641,078 $641,078 $641,078 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,235,392 $1,235,392 $1,235,392 State Funds Transfers $1,235,392 $1,235,392 $1,235,392 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 $759,169 $759,169 $759,169 TOTAL PUBLIC FUNDS $4,347,678 $4,347,678 $4,347,678 31.1 Increase funds for personnel. (S:Use purchasing card rebates and commissions to cover the shortfall) State General Funds $400,000 $0 Rebates, Refunds, and Reimbursements Not Itemized $825,000 TOTAL PUBLIC FUNDS $825,000 31.0 Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,349,936 $2,749,936 $2,349,936 State General Funds $2,349,936 $2,749,936 $2,349,936 TOTAL AGENCY FUNDS $762,350 $762,350 $1,587,350 Interest and Investment Income $62,121 $62,121 $62,121 Interest and Investment Income Not Itemized $62,121 $62,121 $62,121 Rebates, Refunds, and Reimbursements $825,000 Rebates, Refunds, and Reimbursements Not Itemized $825,000 Royalties and Rents $59,151 $59,151 $59,151 Royalties and Rents Not Itemized $59,151 $59,151 $59,151 Sales and Services $641,078 $641,078 $641,078 Sales and Services Not Itemized $641,078 $641,078 $641,078 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,235,392 $1,235,392 $1,235,392 State Funds Transfers $1,235,392 $1,235,392 $1,235,392 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 $203,686 576 JOURNAL OF THE SENATE Risk Management Assessments TOTAL PUBLIC FUNDS $759,169 $4,347,678 $759,169 $4,747,678 $759,169 $5,172,678 Fiscal Services Continuation Budget The purpose of this appropriation is to provide administrative functions and services necessary for the fulfillment of the responsibilities of the Superior Courts. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $325,184 $325,184 $325,184 State Funds Transfers $325,184 $325,184 $325,184 Agency to Agency Contracts $325,184 $325,184 $325,184 TOTAL PUBLIC FUNDS $325,184 $325,184 $325,184 32.0 Fiscal Services Appropriation (HB 989) 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 $325,184 $325,184 $325,184 State Funds Transfers $325,184 $325,184 $325,184 Agency to Agency Contracts $325,184 $325,184 $325,184 TOTAL PUBLIC FUNDS $325,184 $325,184 $325,184 Fleet Management Continuation Budget The purpose 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 STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL AGENCY FUNDS $863,905 $863,905 $863,905 Rebates, Refunds, and Reimbursements $863,905 $863,905 $863,905 Rebates, Refunds, and Reimbursements Not Itemized $863,905 $863,905 $863,905 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,290,432 $1,290,432 $1,290,432 State Funds Transfers $1,290,432 $1,290,432 $1,290,432 Motor Vehicle Rental Payments $1,290,432 $1,290,432 $1,290,432 TOTAL PUBLIC FUNDS $2,154,337 $2,154,337 $2,154,337 THURSDAY, FEBRUARY 21, 2008 577 33.0 Fleet Management Appropriation (HB 989) The purpose 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 AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Motor Vehicle Rental Payments TOTAL PUBLIC FUNDS $863,905 $863,905 $863,905 $1,290,432 $1,290,432 $1,290,432 $2,154,337 $863,905 $863,905 $863,905 $1,290,432 $1,290,432 $1,290,432 $2,154,337 $863,905 $863,905 $863,905 $1,290,432 $1,290,432 $1,290,432 $2,154,337 Mail and Courier Continuation Budget 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. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,398,982 $1,398,982 $1,398,982 State Funds Transfers $1,398,982 $1,398,982 $1,398,982 Mail and Courier Services $1,398,982 $1,398,982 $1,398,982 TOTAL PUBLIC FUNDS $1,398,982 $1,398,982 $1,398,982 34.0 Mail and Courier Appropriation (HB 989) 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. TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Mail and Courier Services TOTAL PUBLIC FUNDS $1,398,982 $1,398,982 $1,398,982 $1,398,982 $1,398,982 $1,398,982 $1,398,982 $1,398,982 $1,398,982 $1,398,982 $1,398,982 $1,398,982 Risk Management Continuation Budget The purpose is cost minimization and fair treatment of citizens through effective claims management. 578 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Liability Funds Property Insurance Funds Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $0 $0 $137,428,923 $137,428,923 $978,423 $51,804,479 $20,678,179 $8,046,494 $55,921,348 $137,428,923 $0 $0 $137,428,923 $137,428,923 $978,423 $51,804,479 $20,678,179 $8,046,494 $55,921,348 $137,428,923 $0 $0 $137,428,923 $137,428,923 $978,423 $51,804,479 $20,678,179 $8,046,494 $55,921,348 $137,428,923 35.0 Risk Management Appropriation (HB 989) The purpose is cost minimization and fair treatment of citizens through effective claims management. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $137,428,923 $137,428,923 $137,428,923 State Funds Transfers $137,428,923 $137,428,923 $137,428,923 Agency to Agency Contracts $978,423 $978,423 $978,423 Liability Funds $51,804,479 $51,804,479 $51,804,479 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 $137,428,923 $137,428,923 $137,428,923 State Purchasing Continuation Budget 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 $7,336,529 $7,336,529 $7,336,529 State General Funds $7,336,529 $7,336,529 $7,336,529 TOTAL AGENCY FUNDS $286,093 $286,093 $286,093 Rebates, Refunds, and Reimbursements $185,003 $185,003 $185,003 Rebates, Refunds, and Reimbursements Not Itemized $185,003 $185,003 $185,003 Sales and Services $101,090 $101,090 $101,090 Sales and Services Not Itemized $101,090 $101,090 $101,090 TOTAL PUBLIC FUNDS $7,622,622 $7,622,622 $7,622,622 THURSDAY, FEBRUARY 21, 2008 579 36.0 State Purchasing Appropriation (HB 989) 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 $7,336,529 $7,336,529 $7,336,529 State General Funds $7,336,529 $7,336,529 $7,336,529 TOTAL AGENCY FUNDS $286,093 $286,093 $286,093 Rebates, Refunds, and Reimbursements $185,003 $185,003 $185,003 Rebates, Refunds, and Reimbursements Not Itemized $185,003 $185,003 $185,003 Sales and Services $101,090 $101,090 $101,090 Sales and Services Not Itemized $101,090 $101,090 $101,090 TOTAL PUBLIC FUNDS $7,622,622 $7,622,622 $7,622,622 Surplus Property Continuation Budget 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. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL AGENCY FUNDS $2,332,891 $2,332,891 $2,332,891 Sales and Services $2,332,891 $2,332,891 $2,332,891 Sales and Services Not Itemized $2,332,891 $2,332,891 $2,332,891 TOTAL PUBLIC FUNDS $2,332,891 $2,332,891 $2,332,891 37.0 Surplus Property Appropriation (HB 989) 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. TOTAL AGENCY FUNDS $2,332,891 $2,332,891 $2,332,891 Sales and Services $2,332,891 $2,332,891 $2,332,891 Sales and Services Not Itemized $2,332,891 $2,332,891 $2,332,891 TOTAL PUBLIC FUNDS $2,332,891 $2,332,891 $2,332,891 U.S. Post Office Continuation Budget The purpose of this appropriation is to provide convenient and cost-effective postal services to agencies and individuals. TOTAL STATE FUNDS $21,415 $21,415 $21,415 580 JOURNAL OF THE SENATE State General Funds TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized TOTAL PUBLIC FUNDS $21,415 $155,575 $155,575 $155,575 $176,990 $21,415 $155,575 $155,575 $155,575 $176,990 $21,415 $155,575 $155,575 $155,575 $176,990 38.0 U.S. Post Office Appropriation (HB 989) The purpose of this appropriation is to provide convenient and cost-effective postal services to agencies and individuals. TOTAL STATE FUNDS $21,415 $21,415 $21,415 State General Funds $21,415 $21,415 $21,415 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 $176,990 $176,990 $176,990 Administrative Hearings, Office of State Continuation Budget The purpose of this appropriation is to provide an impartial, independent forum for resolving disputes between the public and state agencies. TOTAL STATE FUNDS $4,042,713 $4,042,713 $4,042,713 State General Funds $4,042,713 $4,042,713 $4,042,713 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $608,684 $608,684 $608,684 State Funds Transfers $608,684 $608,684 $608,684 Administrative Hearing Payments per OCGA50-13-44 $608,684 $608,684 $608,684 TOTAL PUBLIC FUNDS $4,651,397 $4,651,397 $4,651,397 39.1 Reduce funds for personnel. State General Funds ($300,000) ($300,000) ($300,000) 39.0 Administrative Hearings, Office of State Appropriation (HB 989) The purpose of this appropriation is to provide an impartial, independent forum for resolving disputes between the public and state agencies. TOTAL STATE FUNDS $3,742,713 $3,742,713 $3,742,713 State General Funds $3,742,713 $3,742,713 $3,742,713 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $608,684 $608,684 $608,684 THURSDAY, FEBRUARY 21, 2008 581 State Funds Transfers Administrative Hearing Payments per OCGA50-13-44 TOTAL PUBLIC FUNDS $608,684 $608,684 $4,351,397 $608,684 $608,684 $4,351,397 $608,684 $608,684 $4,351,397 Hazardous Materials, Agency for the Removal of Continuation Budget 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 40.0 Hazardous Materials, Agency for the Removal of Appropriation (HB 989) 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 Health Planning Review Board Continuation Budget The purpose of this appropriation is to review decisions made by hearing officers. TOTAL STATE FUNDS $60,473 $60,473 State General Funds $60,473 $60,473 TOTAL PUBLIC FUNDS $60,473 $60,473 $60,473 $60,473 $60,473 41.0 Health Planning Review Board Appropriation (HB 989) 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 of this appropriation is to provide for consultant fees related to the Commission for a New Georgia initiatives. TOTAL STATE FUNDS $1,396,769 $1,396,769 $1,396,769 582 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 42.0 Payments to Georgia Technology Authority Appropriation (HB 989) The purpose of this appropriation is to provide for consultant fees related to the Commission for a New Georgia initiatives. TOTAL STATE FUNDS $1,396,769 $1,396,769 $1,396,769 State General Funds $1,396,769 $1,396,769 $1,396,769 TOTAL PUBLIC FUNDS $1,396,769 $1,396,769 $1,396,769 Treasury and Fiscal Services, Office of Continuation Budget 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 $0 $0 $0 State General Funds $0 $0 $0 TOTAL AGENCY FUNDS $3,122,680 $3,122,680 $3,122,680 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 $434,817 $434,817 $434,817 Rebates, Refunds, and Reimbursements Not Itemized $434,817 $434,817 $434,817 Sales and Services $2,487,863 $2,487,863 $2,487,863 Sales and Services Not Itemized $2,487,863 $2,487,863 $2,487,863 TOTAL PUBLIC FUNDS $3,122,680 $3,122,680 $3,122,680 43.0 Treasury and Fiscal Services, Office of Appropriation (HB 989) 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 AGENCY FUNDS $3,122,680 $3,122,680 $3,122,680 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 $434,817 $434,817 $434,817 Rebates, Refunds, and Reimbursements Not Itemized $434,817 $434,817 $434,817 Sales and Services $2,487,863 $2,487,863 $2,487,863 Sales and Services Not Itemized $2,487,863 $2,487,863 $2,487,863 THURSDAY, FEBRUARY 21, 2008 583 TOTAL PUBLIC FUNDS $3,122,680 $3,122,680 $3,122,680 Compensation Per General Assembly Resolutions Continuation Budget The purpose of this appropriation is to fund HR102 of the 2007 Session. TOTAL STATE FUNDS $825,000 $825,000 State General Funds $825,000 $825,000 TOTAL PUBLIC FUNDS $825,000 $825,000 399.1 Increase funds for the annuity as required by HR102 (2007 Session). State General Funds $100,000 $825,000 $825,000 $825,000 $100,000 399.0 Compensation Per General Assembly Resolutions Appropriation (HB 989) The purpose of this appropriation is to fund HR102 of the 2007 Session. TOTAL STATE FUNDS $825,000 $925,000 $925,000 State General Funds $825,000 $925,000 $925,000 TOTAL PUBLIC FUNDS $825,000 $925,000 $925,000 Section 13: Agriculture, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $46,192,622 $46,192,622 $6,849,321 $6,849,321 $1,884,689 $663,868 $100,000 $1,120,821 $54,926,632 $46,192,622 $46,192,622 $6,849,321 $6,849,321 $1,884,689 $663,868 $100,000 $1,120,821 $54,926,632 $46,192,622 $46,192,622 $6,849,321 $6,849,321 $1,884,689 $663,868 $100,000 $1,120,821 $54,926,632 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Section Total - Final $46,192,622 $46,192,622 $6,849,321 $6,849,321 $46,226,622 $46,226,622 $6,849,321 $6,849,321 $46,192,622 $46,192,622 $6,849,321 $6,849,321 584 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS $1,884,689 $663,868 $100,000 $1,120,821 $54,926,632 $1,884,689 $663,868 $100,000 $1,120,821 $54,960,632 $1,884,689 $663,868 $100,000 $1,120,821 $54,926,632 Athens and Tifton Veterinary Laboratories Continuation Budget The purpose of this appropriation is to ensure the health of production, equine and companion animals and protect public health as it relates to animals within the State of Georgia. TOTAL STATE FUNDS $3,651,229 $3,651,229 $3,651,229 State General Funds $3,651,229 $3,651,229 $3,651,229 TOTAL PUBLIC FUNDS $3,651,229 $3,651,229 $3,651,229 44.0 Athens and Tifton Veterinary Laboratories Appropriation (HB 989) The purpose of this appropriation is to ensure the health of production, equine and companion animals and protect public health as it relates to animals within the State of Georgia. TOTAL STATE FUNDS $3,651,229 $3,651,229 $3,651,229 State General Funds $3,651,229 $3,651,229 $3,651,229 TOTAL PUBLIC FUNDS $3,651,229 $3,651,229 $3,651,229 Consumer Protection Continuation Budget The purpose of this appropriation is to ensure a safe food supply, guarantee a safe and healthy supply of agricultural products, provide for accurate commercial transactions, and protect animal health (production, equine and companion) for the citizens of Georgia. TOTAL STATE FUNDS $24,000,511 $24,000,511 $24,000,511 State General Funds $24,000,511 $24,000,511 $24,000,511 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 $935,000 $935,000 $935,000 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 THURSDAY, FEBRUARY 21, 2008 585 TOTAL PUBLIC FUNDS $31,684,732 $31,684,732 $31,684,732 45.1 Increase funds for four homeland security and food defense positions added in HB95 (FY08) to fund the final quarter of FY08. State General Funds $34,000 $0 45.0 Consumer Protection Appropriation (HB 989) The purpose of this appropriation is to ensure a safe food supply, guarantee a safe and healthy supply of agricultural products, provide for accurate commercial transactions, and protect animal health (production, equine and companion) for the citizens of Georgia. TOTAL STATE FUNDS $24,000,511 $24,034,511 $24,000,511 State General Funds $24,000,511 $24,034,511 $24,000,511 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 $935,000 $935,000 $935,000 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 TOTAL PUBLIC FUNDS $31,684,732 $31,718,732 $31,684,732 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $6,782,863 $6,782,863 $6,782,863 State General Funds $6,782,863 $6,782,863 $6,782,863 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 Sales and Services Not Itemized $258,721 $258,721 $258,721 TOTAL PUBLIC FUNDS $7,111,084 $7,111,084 $7,111,084 46.0 Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $6,782,863 $6,782,863 $6,782,863 586 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,782,863 $69,500 $69,500 $258,721 $258,721 $258,721 $7,111,084 $6,782,863 $69,500 $69,500 $258,721 $258,721 $258,721 $7,111,084 $6,782,863 $69,500 $69,500 $258,721 $258,721 $258,721 $7,111,084 Marketing and Promotion Continuation Budget The purpose of this appropriation is to expand sales of Georgia's commodities from growers by promoting them domestically and internationally. TOTAL STATE FUNDS $8,269,475 $8,269,475 $8,269,475 State General Funds $8,269,475 $8,269,475 $8,269,475 TOTAL FEDERAL FUNDS $30,600 $30,600 $30,600 Federal Funds Not Itemized $30,600 $30,600 $30,600 TOTAL AGENCY FUNDS $690,968 $690,968 $690,968 Intergovernmental Transfers $663,868 $663,868 $663,868 Intergovernmental Transfers Not Itemized $663,868 $663,868 $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 $8,991,043 $8,991,043 $8,991,043 47.0 Marketing and Promotion Appropriation (HB 989) The purpose of this appropriation is to expand sales of Georgia's commodities from growers by promoting them domestically and internationally. TOTAL STATE FUNDS $8,269,475 $8,269,475 $8,269,475 State General Funds $8,269,475 $8,269,475 $8,269,475 TOTAL FEDERAL FUNDS $30,600 $30,600 $30,600 Federal Funds Not Itemized $30,600 $30,600 $30,600 TOTAL AGENCY FUNDS $690,968 $690,968 $690,968 Intergovernmental Transfers $663,868 $663,868 $663,868 Intergovernmental Transfers Not Itemized $663,868 $663,868 $663,868 Sales and Services $27,100 $27,100 $27,100 THURSDAY, FEBRUARY 21, 2008 587 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $27,100 $8,991,043 $27,100 $8,991,043 $27,100 $8,991,043 Poultry Veterinary Diagnostic Labs Continuation Budget The purpose of this appropriation is to provide poultry disease diagnostic and monitoring services with emphasis on Avian Influenza. TOTAL STATE FUNDS $3,488,544 $3,488,544 $3,488,544 State General Funds $3,488,544 $3,488,544 $3,488,544 TOTAL PUBLIC FUNDS $3,488,544 $3,488,544 $3,488,544 48.0 Poultry Veterinary Diagnostic Labs Appropriation (HB 989) The purpose of this appropriation is to provide poultry disease diagnostic and monitoring services with emphasis on Avian Influenza. TOTAL STATE FUNDS $3,488,544 $3,488,544 $3,488,544 State General Funds $3,488,544 $3,488,544 $3,488,544 TOTAL PUBLIC FUNDS $3,488,544 $3,488,544 $3,488,544 Section 14: Banking and Finance, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $12,399,667 $12,399,667 $12,399,667 $12,399,667 $12,399,667 $12,399,667 $12,399,667 $12,399,667 $12,399,667 Chartering, Licensing and Applications/Non-Mortgage Entities Continuation Budget 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 $1,250,814 $1,250,814 $1,250,814 State General Funds $1,250,814 $1,250,814 $1,250,814 TOTAL PUBLIC FUNDS $1,250,814 $1,250,814 $1,250,814 49.1 Transfer funds to the Consumer Protection and Assistance, Departmental Administration, and Financial Institution 588 JOURNAL OF THE SENATE Supervision and Mortgage Supervision programs received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds ($712,157) ($712,157) ($712,157) 49.0 Chartering, Licensing and Applications/Non-Mortgage Entities Appropriation (HB 989) 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 $538,657 $538,657 $538,657 State General Funds $538,657 $538,657 $538,657 TOTAL PUBLIC FUNDS $538,657 $538,657 $538,657 Consumer Protection and Assistance Continuation Budget The purpose of this appropriation is to assist consumers with problems encountered when dealing with department-regulated entities. TOTAL STATE FUNDS $564,842 $564,842 $564,842 State General Funds $564,842 $564,842 $564,842 TOTAL PUBLIC FUNDS $564,842 $564,842 $564,842 50.1 Transfer funds from the Chartering, Licensing and Applications/Non-Mortgage Entities programs received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds $84,377 $84,377 $84,377 50.0 Consumer Protection and Assistance Appropriation (HB 989) The purpose of this appropriation is to assist consumers with problems encountered when dealing with department-regulated entities. TOTAL STATE FUNDS $649,219 $649,219 $649,219 State General Funds $649,219 $649,219 $649,219 TOTAL PUBLIC FUNDS $649,219 $649,219 $649,219 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $1,876,614 $1,876,614 $1,876,614 State General Funds $1,876,614 $1,876,614 $1,876,614 TOTAL PUBLIC FUNDS $1,876,614 $1,876,614 $1,876,614 51.1 Transfer funds from the Chartering, Licensing and Applications/Non-Mortgage Entities and Mortgage Supervision programs received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. THURSDAY, FEBRUARY 21, 2008 589 State General Funds $173,210 $173,210 $173,210 51.0 Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,049,824 $2,049,824 $2,049,824 State General Funds $2,049,824 $2,049,824 $2,049,824 TOTAL PUBLIC FUNDS $2,049,824 $2,049,824 $2,049,824 Financial Institution Supervision Continuation Budget 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 $6,734,312 $6,734,312 $6,734,312 State General Funds $6,734,312 $6,734,312 $6,734,312 TOTAL PUBLIC FUNDS $6,734,312 $6,734,312 $6,734,312 52.1 Transfer funds from the Chartering, Licensing and Applications/Non-Mortgage Entities programs received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds $442,254 $442,254 $442,254 52.2 Increase funds for operational funding for Voice Over Internet Protocol (VOIP) phone system for field offices. State General Funds $181,025 $181,025 $181,025 52.0 Financial Institution Supervision Appropriation (HB 989) 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 $7,357,591 $7,357,591 $7,357,591 State General Funds $7,357,591 $7,357,591 $7,357,591 TOTAL PUBLIC FUNDS $7,357,591 $7,357,591 $7,357,591 Mortgage Supervision Continuation Budget 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 $1,792,060 $1,792,060 $1,792,060 State General Funds $1,792,060 $1,792,060 $1,792,060 TOTAL PUBLIC FUNDS $1,792,060 $1,792,060 $1,792,060 590 JOURNAL OF THE SENATE 53.1 Transfer funds from the Chartering, Licensing and Applications/Non-Mortgage Entities programs received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds $12,316 $12,316 $12,316 53.0 Mortgage Supervision Appropriation (HB 989) 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 $1,804,376 $1,804,376 $1,804,376 State General Funds $1,804,376 $1,804,376 $1,804,376 TOTAL PUBLIC FUNDS $1,804,376 $1,804,376 $1,804,376 Section 15: Community Affairs, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $140,821,229 $93,697,896 $47,123,333 $130,537,107 $130,537,107 $15,166,118 $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $286,624,454 $140,821,229 $93,697,896 $47,123,333 $130,537,107 $130,537,107 $15,166,118 $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $286,624,454 $140,821,229 $93,697,896 $47,123,333 $130,537,107 $130,537,107 $15,166,118 $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $286,624,454 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Section Total - Final $180,821,229 $133,697,896 $47,123,333 $130,537,107 $130,537,107 $15,166,118 $179,821,229 $132,697,896 $47,123,333 $130,537,107 $130,537,107 $15,166,118 $181,332,313 $134,208,980 $47,123,333 $130,537,107 $130,537,107 $15,166,118 THURSDAY, FEBRUARY 21, 2008 591 Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $326,624,454 $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $325,624,454 $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $327,135,538 Building Construction Continuation Budget 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 $310,002 $310,002 $310,002 State General Funds $310,002 $310,002 $310,002 TOTAL AGENCY FUNDS $238,704 $238,704 $238,704 Sales and Services $238,704 $238,704 $238,704 Sales and Services Not Itemized $238,704 $238,704 $238,704 TOTAL PUBLIC FUNDS $548,706 $548,706 $548,706 54.0 Building Construction Appropriation (HB 989) 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 $310,002 $310,002 $310,002 State General Funds $310,002 $310,002 $310,002 TOTAL AGENCY FUNDS $238,704 $238,704 $238,704 Sales and Services $238,704 $238,704 $238,704 Sales and Services Not Itemized $238,704 $238,704 $238,704 TOTAL PUBLIC FUNDS $548,706 $548,706 $548,706 Coordinated Planning Continuation Budget 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. TOTAL STATE FUNDS $5,233,811 $5,233,811 $5,233,811 State General Funds $5,233,811 $5,233,811 $5,233,811 592 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $50,918 $50,918 $50,918 $5,284,729 $50,918 $50,918 $50,918 $5,284,729 $50,918 $50,918 $50,918 $5,284,729 55.0 Coordinated Planning Appropriation (HB 989) 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. TOTAL STATE FUNDS $5,233,811 $5,233,811 $5,233,811 State General Funds $5,233,811 $5,233,811 $5,233,811 TOTAL AGENCY FUNDS $50,918 $50,918 $50,918 Sales and Services $50,918 $50,918 $50,918 Sales and Services Not Itemized $50,918 $50,918 $50,918 TOTAL PUBLIC FUNDS $5,284,729 $5,284,729 $5,284,729 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $2,205,751 $2,205,751 $2,205,751 State General Funds $2,205,751 $2,205,751 $2,205,751 TOTAL FEDERAL FUNDS $1,320,986 $1,320,986 $1,320,986 Federal Funds Not Itemized $1,320,986 $1,320,986 $1,320,986 TOTAL AGENCY FUNDS $2,017,417 $2,017,417 $2,017,417 Reserved Fund Balances $83,091 $83,091 $83,091 Reserved Fund Balances Not Itemized $83,091 $83,091 $83,091 Intergovernmental Transfers $1,662,089 $1,662,089 $1,662,089 Intergovernmental Transfers Not Itemized $1,662,089 $1,662,089 $1,662,089 Sales and Services $272,237 $272,237 $272,237 Sales and Services Not Itemized $272,237 $272,237 $272,237 TOTAL PUBLIC FUNDS $5,544,154 $5,544,154 $5,544,154 56.0 Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support for all programs of the department. THURSDAY, FEBRUARY 21, 2008 593 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,205,751 $2,205,751 $1,320,986 $1,320,986 $2,017,417 $83,091 $83,091 $1,662,089 $1,662,089 $272,237 $272,237 $5,544,154 $2,205,751 $2,205,751 $1,320,986 $1,320,986 $2,017,417 $83,091 $83,091 $1,662,089 $1,662,089 $272,237 $272,237 $5,544,154 $2,205,751 $2,205,751 $1,320,986 $1,320,986 $2,017,417 $83,091 $83,091 $1,662,089 $1,662,089 $272,237 $272,237 $5,544,154 Environmental Education and Assistance Continuation Budget The purpose of this appropriation is to provide technical assistance, resource tools, and public education outreach resources. TOTAL STATE FUNDS $1,047,840 $1,047,840 $1,047,840 State General Funds $1,047,840 $1,047,840 $1,047,840 TOTAL AGENCY FUNDS $481,480 $481,480 $481,480 Reserved Fund Balances $481,480 $481,480 $481,480 Reserved Fund Balances Not Itemized $481,480 $481,480 $481,480 TOTAL PUBLIC FUNDS $1,529,320 $1,529,320 $1,529,320 57.0 Environmental Education and Assistance Appropriation (HB 989) The purpose of this appropriation is to provide technical assistance, resource tools, and public education outreach resources. TOTAL STATE FUNDS $1,047,840 $1,047,840 $1,047,840 State General Funds $1,047,840 $1,047,840 $1,047,840 TOTAL AGENCY FUNDS $481,480 $481,480 $481,480 Reserved Fund Balances $481,480 $481,480 $481,480 Reserved Fund Balances Not Itemized $481,480 $481,480 $481,480 TOTAL PUBLIC FUNDS $1,529,320 $1,529,320 $1,529,320 Federal Community and Economic Development Programs Continuation Budget The purpose of this appropriation is to administer incentive programs and education programs as well as provide technical assistance 594 JOURNAL OF THE SENATE in the area of economic development to local governments, development authorities, and private for-profit entities. TOTAL STATE FUNDS $2,040,932 $2,040,932 $2,040,932 State General Funds $2,040,932 $2,040,932 $2,040,932 TOTAL FEDERAL FUNDS $36,004,364 $36,004,364 $36,004,364 Federal Funds Not Itemized $36,004,364 $36,004,364 $36,004,364 TOTAL AGENCY FUNDS $329,587 $329,587 $329,587 Intergovernmental Transfers $263,318 $263,318 $263,318 Intergovernmental Transfers Not Itemized $263,318 $263,318 $263,318 Sales and Services $66,269 $66,269 $66,269 Sales and Services Not Itemized $66,269 $66,269 $66,269 TOTAL PUBLIC FUNDS $38,374,883 $38,374,883 $38,374,883 58.0 Federal Community and Economic Development Programs Appropriation (HB 989) 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 $2,040,932 $2,040,932 $2,040,932 State General Funds $2,040,932 $2,040,932 $2,040,932 TOTAL FEDERAL FUNDS $36,004,364 $36,004,364 $36,004,364 Federal Funds Not Itemized $36,004,364 $36,004,364 $36,004,364 TOTAL AGENCY FUNDS $329,587 $329,587 $329,587 Intergovernmental Transfers $263,318 $263,318 $263,318 Intergovernmental Transfers Not Itemized $263,318 $263,318 $263,318 Sales and Services $66,269 $66,269 $66,269 Sales and Services Not Itemized $66,269 $66,269 $66,269 TOTAL PUBLIC FUNDS $38,374,883 $38,374,883 $38,374,883 Homeownership Programs Continuation Budget 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 STATE FUNDS $0 $0 $0 TOTAL AGENCY FUNDS $4,631,991 $4,631,991 $4,631,991 Intergovernmental Transfers $4,614,860 $4,614,860 $4,614,860 Intergovernmental Transfers Not Itemized $4,614,860 $4,614,860 $4,614,860 THURSDAY, FEBRUARY 21, 2008 595 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $17,131 $17,131 $4,631,991 $17,131 $17,131 $4,631,991 $17,131 $17,131 $4,631,991 59.0 Homeownership Programs Appropriation (HB 989) 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 $4,631,991 $4,631,991 $4,631,991 Intergovernmental Transfers $4,614,860 $4,614,860 $4,614,860 Intergovernmental Transfers Not Itemized $4,614,860 $4,614,860 $4,614,860 Sales and Services $17,131 $17,131 $17,131 Sales and Services Not Itemized $17,131 $17,131 $17,131 TOTAL PUBLIC FUNDS $4,631,991 $4,631,991 $4,631,991 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 $6,529,284 $6,529,284 $6,529,284 State General Funds $6,529,284 $6,529,284 $6,529,284 TOTAL PUBLIC FUNDS $6,529,284 $6,529,284 $6,529,284 60.0 Local Assistance Grants Appropriation (HB 989) 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 $6,529,284 $6,529,284 $6,529,284 State General Funds $6,529,284 $6,529,284 $6,529,284 TOTAL PUBLIC FUNDS $6,529,284 $6,529,284 $6,529,284 Regional Services Continuation Budget 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 $2,304,905 $2,304,905 $2,304,905 State General Funds $2,304,905 $2,304,905 $2,304,905 596 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $2,304,905 $2,304,905 $2,304,905 61.0 Regional Services Appropriation (HB 989) 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 $2,304,905 $2,304,905 $2,304,905 State General Funds $2,304,905 $2,304,905 $2,304,905 TOTAL PUBLIC FUNDS $2,304,905 $2,304,905 $2,304,905 Rental Housing Programs Continuation Budget 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 $93,198,170 $93,198,170 $93,198,170 Federal Funds Not Itemized $93,198,170 $93,198,170 $93,198,170 TOTAL AGENCY FUNDS $4,962,278 $4,962,278 $4,962,278 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 Sales and Services $1,965,699 $1,965,699 $1,965,699 Sales and Services Not Itemized $1,965,699 $1,965,699 $1,965,699 TOTAL PUBLIC FUNDS $101,448,277 $101,448,277 $101,448,277 62.0 Rental Housing Programs Appropriation (HB 989) 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 $93,198,170 $93,198,170 $93,198,170 THURSDAY, FEBRUARY 21, 2008 597 Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $93,198,170 $4,962,278 $9,715 $9,715 $2,986,864 $2,986,864 $1,965,699 $1,965,699 $101,448,277 $93,198,170 $4,962,278 $9,715 $9,715 $2,986,864 $2,986,864 $1,965,699 $1,965,699 $101,448,277 $93,198,170 $4,962,278 $9,715 $9,715 $2,986,864 $2,986,864 $1,965,699 $1,965,699 $101,448,277 Research and Surveys Continuation Budget 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 $620,782 $620,782 $620,782 State General Funds $620,782 $620,782 $620,782 TOTAL PUBLIC FUNDS $620,782 $620,782 $620,782 63.0 Research and Surveys Appropriation (HB 989) 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 $620,782 $620,782 $620,782 State General Funds $620,782 $620,782 $620,782 TOTAL PUBLIC FUNDS $620,782 $620,782 $620,782 Special Housing Initiatives Continuation Budget The purpose of this appropriation is to provide funds for Special Housing Initiatives. TOTAL STATE FUNDS $3,332,892 $3,332,892 State General Funds $3,332,892 $3,332,892 TOTAL AGENCY FUNDS $2,299,062 $2,299,062 Reserved Fund Balances $11,512 $11,512 Reserved Fund Balances Not Itemized $11,512 $11,512 Intergovernmental Transfers $110,949 $110,949 Intergovernmental Transfers Not Itemized $110,949 $110,949 $3,332,892 $3,332,892 $2,299,062 $11,512 $11,512 $110,949 $110,949 598 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 64.0 Special Housing Initiatives Appropriation (HB 989) The purpose of this appropriation is to provide funds for Special Housing Initiatives. 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 $2,299,062 $2,299,062 $2,299,062 Reserved Fund Balances $11,512 $11,512 $11,512 Reserved Fund Balances Not Itemized $11,512 $11,512 $11,512 Intergovernmental Transfers $110,949 $110,949 $110,949 Intergovernmental Transfers Not Itemized $110,949 $110,949 $110,949 Sales and Services $2,176,601 $2,176,601 $2,176,601 Sales and Services Not Itemized $2,176,601 $2,176,601 $2,176,601 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $100,000 $100,000 $100,000 Federal Funds Transfers $100,000 $100,000 $100,000 FF Temporary Assistance for Needy Families CFDA93.558 $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $5,731,954 $5,731,954 $5,731,954 State Community Development Programs Continuation Budget 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 $1,377,599 $1,377,599 $1,377,599 State General Funds $1,377,599 $1,377,599 $1,377,599 TOTAL PUBLIC FUNDS $1,377,599 $1,377,599 $1,377,599 65.0 State Community Development Programs Appropriation (HB 989) 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. THURSDAY, FEBRUARY 21, 2008 599 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,377,599 $1,377,599 $1,377,599 $1,377,599 $1,377,599 $1,377,599 $1,377,599 $1,377,599 $1,377,599 State Economic Development Program Continuation Budget 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 $10,714,727 $10,714,727 $10,714,727 State General Funds $10,714,727 $10,714,727 $10,714,727 TOTAL FEDERAL FUNDS $13,587 $13,587 $13,587 Federal Funds Not Itemized $13,587 $13,587 $13,587 TOTAL AGENCY FUNDS $154,681 $154,681 $154,681 Intergovernmental Transfers $154,681 $154,681 $154,681 Intergovernmental Transfers Not Itemized $154,681 $154,681 $154,681 TOTAL PUBLIC FUNDS $10,882,995 $10,882,995 $10,882,995 66.1 Reduce funds received for the Regional Economic Business Assistance (REBA) program. State General Funds ($1,000,000) $0 66.0 State Economic Development Program Appropriation (HB 989) 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 $10,714,727 $9,714,727 $10,714,727 State General Funds $10,714,727 $9,714,727 $10,714,727 TOTAL FEDERAL FUNDS $13,587 $13,587 $13,587 Federal Funds Not Itemized $13,587 $13,587 $13,587 TOTAL AGENCY FUNDS $154,681 $154,681 $154,681 Intergovernmental Transfers $154,681 $154,681 $154,681 Intergovernmental Transfers Not Itemized $154,681 $154,681 $154,681 TOTAL PUBLIC FUNDS $10,882,995 $9,882,995 $10,882,995 Payments to Georgia Environmental Facilities Authority Continuation Budget The purpose of this appropriation is to provide funds for the Georgia Rural Water Association, the Infrastructure Grant Program, the Energy Plan Program, the Governor's Land Conservation program, the Reuse of Treated Water Incentive Grant Program, and the E- 600 JOURNAL OF THE SENATE 85 Grant Program. TOTAL STATE FUNDS $49,823,726 $49,823,726 $49,823,726 State General Funds $49,823,726 $49,823,726 $49,823,726 TOTAL PUBLIC FUNDS $49,823,726 $49,823,726 $49,823,726 67.1 Increase funds for reservoirs and water system improvements. State General Funds $40,000,000 $40,000,000 $40,000,000 67.2 Increase funds for the Infrastructure Grant Program. State General Funds $511,084 67.99 SAC: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. House: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. Governor: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. State General Funds $0 $0 $0 67.0 Payments to Georgia Environmental Facilities Authority Appropriation (HB 989) The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. TOTAL STATE FUNDS $89,823,726 $89,823,726 $90,334,810 State General Funds $89,823,726 $89,823,726 $90,334,810 TOTAL PUBLIC FUNDS $89,823,726 $89,823,726 $90,334,810 Payments to OneGeorgia Authority Continuation Budget The purpose of this appropriation is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS $47,123,333 $47,123,333 Tobacco Settlement Funds $47,123,333 $47,123,333 TOTAL PUBLIC FUNDS $47,123,333 $47,123,333 $47,123,333 $47,123,333 $47,123,333 68.0 Payments to OneGeorgia Authority Appropriation (HB 989) 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 THURSDAY, FEBRUARY 21, 2008 601 Payments to Georgia Regional Transportation Authority Continuation Budget The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices. TOTAL STATE FUNDS $4,867,816 $4,867,816 $4,867,816 State General Funds $4,867,816 $4,867,816 $4,867,816 TOTAL PUBLIC FUNDS $4,867,816 $4,867,816 $4,867,816 69.0 Payments to Georgia Regional Transportation Authority Appropriation (HB 989) The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices. TOTAL STATE FUNDS $4,867,816 $4,867,816 $4,867,816 State General Funds $4,867,816 $4,867,816 $4,867,816 TOTAL PUBLIC FUNDS $4,867,816 $4,867,816 $4,867,816 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. The following appropriations specifically allocate the total appropriation under Program 60 above, "60 Local Assistance Grants.... Appropriation HB(989):" LAG #4 Appling County: Hire an ISO consultant to assist nine volunteer fire departments. $5,000 LAG #5 Appling County: Assist with Senior Center/Head start infrastructure improvements. $4,000 LAG #6 City of Baxley: Assist with a Boys and Girls Club renovation. $15,000 LAG #7 City of Graham: Purchase fire lighting equipment for the Graham Fire Department. $5,000 LAG #8 City of Surrency: Assist with emergency services improvements. $5,000 LAG #9 Appling County Board of Education: Assist with community services. $4,000 LAG #10 Atkinson County: Help fund the Atkinson County Emergency Services Improvement Project. $10,000 LAG #11 Augusta-Richmond County: Install an elevator in the Supreme Court Justice Joseph Lamar boyhood home. $20,000 LAG #12 Augusta-Richmond County: Provide a grant for operations at the Lucy Craft Laney Museum of Black History. $20,000 LAG #13 Augusta-Richmond County: Provide Youth Leadership Training by E3 Foundation. $20,000 LAG #14 Augusta-Richmond County: Assist with community development and park improvement. $7,500 602 JOURNAL OF THE SENATE LAG #15 Augusta-Richmond County: Fund an after school education and recreation program at MACH Academy. $10,000 LAG #16 City of Augusta: Assist the American Red Cross in providing food, clothing, shelter, and lost medication to families affected by single family fires. $10,000 LAG #17 Richmond County Board of Education: Assist with technology upgrades at Goshen Elementary School. $10,000 LAG #18 Bacon County: Assist with the renovation of the Senior Center. $4,000 LAG #19 City of Alma: Assist with accessibility improvements to the Veteran's Memorial and additional park infrastructure improvements. $4,000 LAG #20 Baldwin County: Purchase camcorders and computers for the Baldwin County Domestic Violence Program. $15,000 LAG #21 Baldwin County: Assist with public safety enhancements for the Baldwin County Fire Department. $25,000 LAG #22 Baldwin County: Replace obsolete self contained breathing apparatus at the Baldwin County Fire Department. $20,000 LAG #23 Barrow County: Assist with infrastructure improvements at Osborne Park in Winder. $20,000 LAG #24 Bartow County: Assist with program development to public service program at Women's Resource Center. $50,000 LAG #25 Bartow County: Support the Advocates for Bartow's Children. $25,000 LAG #26 Ben Hill County: Assist with technology and communication improvements at the Senior Citizens Center. $10,000 LAG #27 Ben Hill County: Assist with community and environmental development. $10,000 LAG #28 Ben Hill County: Assist with environmental and community service improvements. $10,000 LAG #29 City of Fitzgerald: Construct an additional building for the Fitzgerald Fire Department. $15,000 LAG #30 City of Alapaha: Repair the city hall roof. $13,000 LAG #31 City of Nashville: Assist the City of Nashville with public safety transportation improvements. $15,000 LAG #32 Bibb County: Assist New Town Macon with infrastructure and accessibility improvements. $25,000 LAG #33 Bibb County: Assist Bibb County with transportation improvements for the Mentor's Project. $15,000 LAG #34 City of Macon: Support youth programs at the Booker T. Washington Center. $10,000 LAG #35 City of Macon: Revitalize of the Bartlett Crossing Neighborhood. $15,000 LAG #36 City of Macon: Renovate and repair to the Historic Charles Douglas Home. $50,000 LAG #37 Bleckley County: Purchase two new computer work stations for the Bleckley County Health Department. $5,000 LAG #38 Bleckley County: Purchase 15 tasers and taser accessories for the Bleckley County Sheriff's Office. $14,000 LAG #39 City of Cochran: Purchase an ATV police vehicle with trailer. $10,000 LAG #40 Bleckley County Board of Education: Pave a road for "car riders" students dropped off at school. $7,000 LAG #41 Brantley County: Purchase fire radio systems for the EMS and Sheriff's Departments. $15,000 LAG #42 City of Hoboken: Assist with emergency infrastructure improvements. $5,000 LAG #43 Bryan County: Assist with community service improvements at the Bryan County Conference and Aquatic Center. $30,000 THURSDAY, FEBRUARY 21, 2008 603 LAG #44 City of Pembroke: Assist with infrastructure improvements for the Fatal Vision Program. $10,000 LAG #45 Bulloch County: Assist with infrastructure improvements for the Bulloch County EMS to ensure continuous emergency protection services. $10,000 LAG #46 Bulloch County: Assist the Duck Conservation Society with wildlife preservation. $10,000 LAG #47 Bulloch County: Construct a boat ramp at the Ogechee River. $20,000 LAG #48 Bulloch County Board of Education: Redesign and renovate an existing building at Southeast Bulloch Middle School. $15,000 LAG #49 Burke County: Assist with conservation improvements at the Di-Lane Wildlife Management Plantation. $20,000 LAG #50 City of Kingsland: Assist with economic development and tourism activities. $1,200 LAG #51 City of Kingsland: Assist with infrastructure improvements for the Kingsland Boxing Club youth program. $15,000 LAG #52 City of Metter: Assist with infrastructure improvements to preserve historical integrity. $12,000 LAG #53 City of Metter: Remove existing asphalt and repave the Industrial Park Pond Trail. $25,000 LAG #54 Pulaski County: Fund 200 year celebration. $10,000 LAG #55 Carroll County: Purchase books for the Ferst Foundation for Childhood Literacy. $20,000 LAG #56 City of Carrollton: Build a wheelchair accessible playground for the Carrollton City Lion's Club. $20,000 LAG #57 City of Carrollton: Assist the City of Carrollton with infrastructure improvements. $18,000 LAG #58 City of Carrollton: Assist with the renovation of the 415 Hope Center Men's Shelter. $8,000 LAG #59 Carroll County Board of Education: Assist with infrastructure renovations at Glanton Hindeman Elementary School. $20,000 LAG #60 City of Fort Oglethorpe: Assist the City of Oglethorpe with tourism and economic development improvements. $15,000 LAG #61 City of Ringgold: Fund the General Clayborne Statue and Roadside Park. $10,000 LAG #62 City of Ringgold: Fund for tourism and a railroad platform. $10,000 LAG #63 Charlton County: Purchase a vehicle for the Charlton County Volunteer Fire Department. $20,000 LAG #64 City of Homeland: Assist the City of Homeland with public safety improvements. $10,000 LAG #65 Chatham County: Restore and preserve the Houston Baptist Church through the North Port Wentworth Citizens Council Inc. $20,000 LAG #66 Chatham County: Fund a parents nurturing program for Lutheran Services of Georgia. $20,000 LAG #67 City of Bloomingdale: Assist the City of Bloomingdale with community development. $15,000 LAG #68 City of Bloomingdale: Construct a covered shed for a community building. $35,000 LAG #69 City of Garden City: Assist the Rossignoll Hill community with park improvements. $3,000 LAG #70 City of Savannah: Assist with community service improvements. $15,000 LAG #71 City of Thunderbolt: Fund improvements for water system due to damages caused by salt intrusion. $20,000 604 JOURNAL OF THE SENATE LAG #72 Chattooga County: Fund Subligna Community Center floors. $5,000 LAG #73 City of Lyerly: Assist the City of Lyerly with public safety improvements. $5,000 LAG #74 City of Summerville: Renovate courthouse. $10,000 LAG #75 Cherokee County: Assist the Cherokee Day Training Center with infrastructure improvements. $20,000 LAG #76 City of Ball Ground: Assist the City of Ball Ground with improvements to domestic water service delivery. $17,500 LAG #77 City of Ball Ground: Assist the City of Ball Ground with infrastructure improvements. $17,500 LAG #78 City of Holly Springs: Assist the City of Holly Springs with emergency operations equipment. $20,000 LAG #79 Clarke County Board of Education: Assist with infrastructure improvements at the Athens Tutorial Program. $7,500 LAG #80 Clay County: Provide funding for a security monitoring system for the Clay County Courthouse and Courthouse Annex to meet state mandated courthouse security requirements. $10,000 LAG #81 Clayton County: Assist Choice Matters, Inc. with a technology upgrade for public service center. $10,000 LAG #82 Clayton County: Operate Youth Under Construction program for high school students. $8,200 LAG #83 Clayton County: Operate the Krystal Williams Foundation. $5,000 LAG #84 Clayton County: Fund the Family Connection Unlimited program for highway safety. $8,675 LAG #85 Clayton County Board of Education: Create a community learning center. $2,000 LAG #86 Clayton County Board of Education: Fund and purchase equipment for a data room and resource center. $9,550 LAG #87 Clayton County Board of Education: Implement a reading first model in the 4th and 5th grades for West Clayton Elementary School. $5,000 LAG #88 Cobb County: Purchase and maintain a 14 passenger wheelchair lift-equipped mini-bus for BlazeSports. $40,000 LAG #89 Cobb County: Assist the Vinings Historical Society with repairs and structure renovations. $5,000 LAG #90 Cobb County: Assist Cobb County Community Service Board with public access improvements. $40,000 LAG #91 City of Acworth: Construct special needs baseball field. $95,000 LAG #92 City of Kennesaw: Assist with regional park improvements. $10,000 LAG #93 City of Marietta: Repair and upgrade the Marietta Historic Confederate Cemetery. $75,000 LAG #94 City of Smyrna: Assist with infrastructure restorations and renovations. $25,000 LAG #95 Cobb County Board of Education: Assist the Hillgrove High School athletic program. $20,000 LAG #96 Cobb County Board of Education: Assist with infrastructure improvements at Pope High School. $20,000 LAG #97 Cobb County Board of Education: Provide funds to Harrison High School to establish a wireless infrastructure. $20,000 LAG #98 Cobb County Board of Education: Provide funds to West Cobb School PTAs for technology infrastructure grants. $20,000 LAG #99 Cobb County Board of Education: Upgrade a sound/video upgrading theater system in Walton High School. $11,274 THURSDAY, FEBRUARY 21, 2008 605 LAG #100 Cobb County Board of Education: Purchase a sound system, sport court defense system, and four laptops for the Murdock Elementary School. $32,600 LAG #101 Cobb County Board of Education: Provide funds for classroom technology at Campbell High School. $5,500 LAG #102 Cobb County Board of Education: Renovate roof and sealant for an outdoor classroom at Blackwell Elementary School. $5,000 LAG #103 Cobb County Board of Education: Assist with renovations and infrastructure improvements at Sprayberry High School. $40,000 LAG #104 Cobb County Board of Education: Provide funds for classroom technology at Campbell Middle School. $5,500 LAG #105 Coffee County: Provide funds for construction and equipment for a new volunteer fire department. $10,000 LAG #106 Coffee County: Purchase a transportation bus for 4-H club. $10,000 LAG #107 City of Nicholls: Purchase recreation equipment. $5,000 LAG #108 City of Douglas: Improve the Historic Ashley Slater House and Douglas Regional Welcome Center. $12,000 LAG #109 Colquitt County: Assist with public safety infrastructure improvements at the Bay Volunteer Fire Department. $4,000 LAG #110 City of Funston: Assist with community development. $4,000 LAG #111 Colquitt County Board of Education: Assist with outdoor shelter improvements at Hamilton Elementary School. $2,000 LAG #112 City of Harlem: Assist with infrastructure improvements for public and community service program. $7,500 LAG #113 City of Harlem: Expand a city park. $12,000 LAG #114 Columbia County Board of Education: Assist with equipment for handicapped children at Blue Ridge Elementary School. $15,000 LAG #115 Cook County: Assist the Cook County Historical Society with the renovation of the old Adel Post Office. $30,000 LAG #116 City of Moreland: Assist the Town of Moreland with infrastructure improvements to the historic Moreland Mill / City Hall. $10,000 LAG #117 City of Newnan: Assist with community services. $30,000 LAG #118 City of Senoia: Assist the City of Senoia with infrastructure improvements. $9,000 LAG #119 Crawford County: Purchase an emergency water system generator. $15,000 LAG #120 Crawford County: Purchase a fire command vehicle for the Crawford County Fire Department. $10,000 LAG #121 Crisp County: Assist with infrastructure improvements and operations of the Arts Alliance in Cordelle. $5,000 LAG #122 Crisp County: Conduct a solid waste collection feasibility study. $15,000 LAG #123 City of Cordele: Purchase an eight foot high perimeter security fence for the Cordele Fire Department Training Area. $22,900 LAG #124 Dade County: Operate Animal Shelter. $10,000 606 JOURNAL OF THE SENATE LAG #125 City of Trenton: Enhance transportation planning. $22,500 LAG #126 City of Dawsonville: Fund the Georgia Racing Hall of Fame. $30,000 LAG #127 Decatur County: Establish a water source for Kendrick Volunteer Fire Department. $5,000 LAG #128 City of Bainbridge: Provide a security system and landscaping for the "Firehouse Gallery" and make entrance handicap accessible. $17,500 LAG #129 City of Clarkston: Replace sanitation vehicle and hopper assembly. $40,000 LAG #130 City of Doraville: Assist with the purchase of ten (10) containers ("totes") of fire foam for the DeKalb County Fire Department $8,000 LAG #131 City of Lithonia: Fund emergency crisis and relocation assistance. $27,000 LAG #132 City of Pine Lake: Purchase a tractor and additional equipment to work on wet lands. $19,000 LAG #133 City of Stone Mountain: Assist with infrastructure improvements and repairs at the City of Stone Mountain City Hall. $18,000 LAG #134 City of Decatur: Assist with environmental improvements and community development. $10,000 LAG #135 DeKalb County Hospital Authority: Construct a storage and supplies building at the Mountain View Nursing Home. $8,000 LAG #136 Development Authority of DeKalb County: Operate a recycled equipment program through the Friends of Disabled Adults and Children to operate a recycled equipment program. $15,000 LAG #137 DeKalb County Board of Education: Assist with technology improvements at Smoke Rise Elementary. $10,000 LAG #138 DeKalb County Board of Education: Assist with technology improvements at Briarlake Elementary School. $10,000 LAG #139 DeKalb County Board of Education: Purchase computers and equipment to media educational programs at the Midvale Elementary School. $15,000 LAG #140 DeKalb County Board of Education: Purchase computers and supplies for Lakeside High School. $30,000 LAG #141 DeKalb County Board of Education: Send the Stephenson High School marching band to Washington DC for the 2007 National Memorial Day Parade. $5,000 LAG #142 DeKalb County Board of Education: Assist with the purchase of new media materials and educational tools. $17,000 LAG #143 DeKalb County Board of Education: Purchase computers for Chamblee High School. $30,000 LAG #144 DeKalb County Board of Education: Repair the roof of the greenhouse through the Dekalb County Extension Service. $10,000 LAG #145 City of Chauncey: Assist the City of Chauncey with public service infrastructure improvements. $7,000 LAG #146 City of Chester: Assist the City of Chester with community center improvements. $3,000 LAG #147 City of Rhine: Repair leaks in the water system. $5,000 LAG #148 City of Rhine: Repair old school building. $5,000 THURSDAY, FEBRUARY 21, 2008 607 LAG #149 City of Rhine: Repair Rhine Community House. $4,000 LAG #150 City of Rhine: Repair used ford tractor backhoe. $5,000 LAG #151 City of Vienna: Purchase rescue equipment, jacks and special equipment used in wrecks along. I-75 $10,000 LAG #152 Dougherty County: Assist Southeast Dougherty Park with lighting and infrastructure improvements. $10,000 LAG #153 Dougherty County: Fund the Peanut Institute. $23,000 LAG #154 Chehaw Park Authority: Plan an amphitheater. $25,000 LAG #155 Douglas County: Replace outdated and purchase additional Automatic External Defibrillators at the Douglas County Fire Department. $8,500 LAG #156 Douglas County: Train resource officers on gang awareness at the Douglas County Sheriff's Office. $20,000 LAG #157 City of Douglasville: Assist with technology and public safety improvements. $8,500 LAG #158 Douglas County Board of Education: Assist with environmental education opportunities at Winston Elementary School. $10,000 LAG #159 Douglas County Board of Education: Assist with infrastructure improvements at Arbor Station Elementary School. $10,000 LAG #160 Early County: Provide funds to the Early County Health Department for the "Arrive Safe in Early" task force. $5,000 LAG #161 Early County: Purchase equipment for the Early County Recreation Department. $15,000 LAG #162 City of Blakely: Assist Early County with regional museum renovations and historical improvements. $5,000 LAG #163 Echols County: Purchase Jaws of Life rescue equipment for the Volunteer Fire Department. $10,000 LAG #164 Effingham County: Operate the Ferst Foundation for Childhood Literacy Program. $10,000 LAG #165 Effingham County: Move a historical structure to historic district. $15,000 LAG #166 Effingham County: Assist Effingham County with waterfront environmental improvements. $5,000 LAG #167 Elbert County: Assist Elbert County with renovations to the Veteran's Administration Office. $3,500 LAG #168 City of Elberton: Assist the City of Elberton with water system improvements. $40,000 LAG #169 City of Swainsboro: Assist with community development and environmental improvements. $12,000 LAG #170 City of Swainsboro: Assist with handicap accessibility at the City of Swainsboro City Hall. $12,000 LAG #171 City of Swainsboro: Purchase computer equipment, telephone system, and furnishings at the Swainsboro Police Department. $25,000 LAG #172 Evans County: For repairs and renovations to the drug task force building. $25,000 LAG #173 City of Rome: Assist the City of Rome with riverfront and river access. $20,000 LAG #174 City of Rome: Support the Family Resource Center. $25,000 LAG #175 Floyd County Board of Education: Assist with infrastructure improvements at Model High School. $15,000 LAG #176 Forsyth County: Assist with infrastructure improvements at the Sawnee Mountain Foundation. $10,000 608 JOURNAL OF THE SENATE LAG #177 Franklin County Board of Education: Purchase equipment for the Technology Education Lab at the Franklin County Middle and High Schools. $20,000 LAG #178 City of East Point: Provide funds for a senior citizen home rehabilitation program. $20,000 LAG #179 City of Fairburn: Provide scholarships to the Cochran Mill Nature Center. $30,000 LAG #180 City of Roswell: Assist in the implementation of energy efficiency renovations. $25,000 LAG #181 City of Roswell: Assist in the operational development of the public service center. $25,000 LAG #182 City of Roswell: Assist with infrastructure repairs to the public service program. $25,000 LAG #183 City of Roswell: Construct a new section of the Roswell Riverwalk. $50,000 LAG #184 City of Sandy Springs: Purchase equipment for the Recreation and Parks Department. $25,000 LAG #185 City of Sandy Springs: Purchase turn-out gear and a quick response vehicle for the Sandy Springs Fire Department. $25,000 LAG #186 City of Milton: Purchase eighteen (18) Automated External Defibrillator Units $45,000 LAG #187 City of Milton: Plan safety improvements for the Crabapple State Road intersection $15,000 LAG #188 City of Johns Creek: Assist the Autrey Mill Nature Center with environmental renovations and improvements $50,000 LAG #189 Fulton County Board of Education: Fund the Arts Now Level 1 to train 10 interested school teams assist students in meeting or exceeding Georgia Performance Standards. $25,000 LAG #190 The Housing Authority of the City of Atlanta, Georgia: Provide comprehensive Quality Living Services to senior citizens. $10,000 LAG #191 The Housing Authority of the City of Atlanta, Georgia: Expand educational programs statewide through the National Black Arts Festival. $15,000 LAG #192 The Housing Authority of the City of Atlanta, Georgia: Assist with infrastructure repairs to the Project Interconnections public service center $15,000 LAG #193 The Housing Authority of the City of Atlanta, Georgia: Assist with operational services. $50,000 LAG #194 Atlanta Development Authority: Fund the New Beginnings Job Training Program. $10,000 LAG #195 Atlanta Development Authority: Fund the David T. Howard National Alumni Association Inc. to implement an abuse project in the Old Fourth Ward for youth and adults focusing on parents. $25,000 LAG #196 Atlanta Development Authority: Support the National Black Arts Festival. $75,000 LAG #197 Atlanta Development Authority: Assist the Friends of Peoplestown Parks with community development $6,000 LAG #198 Atlanta Development Authority: Fund the Historic District Development Corporation to expand participation of needy families in the IDA program of the United Way. $25,000 LAG #199 Gilmer County: Assist Gilmer County with public service improvements. $50,000 LAG #200 Glascock County: Support the Glascock Actions Partner for a literacy program. $10,000 THURSDAY, FEBRUARY 21, 2008 609 LAG #201 City of Mitchell: Revitalize the downtown area. $7,000 LAG #202 Glynn County: Purchase one wheelchair accessible van and one 15 passenger van for Gateway Behavioral Health Services. $50,000 LAG #203 Gordon County: Renovate the plaza/courthouse area. $40,000 LAG #204 City of Ranger: Assist with the cost of a town master plan. $15,000 LAG #205 Grady County: Provide funds ($1,000/each) to the 10 Volunteer Fire Departments in Grady County for equipment. $10,000 LAG #206 Greene County: Assist the Green County Agriculture Center with infrastructure and handicap accessibility improvements. $20,000 LAG #207 Gwinnett County: Landscape the Beaver Ruin Road median. $25,000 LAG #208 Gwinnett County: Assist with access and transportation improvements. $20,000 LAG #209 Gwinnett County: Assist with employment of the handicap program. $25,000 LAG #210 City of Buford: Assist with accessibility improvements. $30,000 LAG #211 City of Duluth: Assist the City of Duluth with a regional "Living Memorial" honoring all veterans and public safety personnel. $20,000 LAG #212 City of Lawrenceville: Assist the City of Lawrenceville with traffic and community development improvements. $50,000 LAG #213 City of Lilburn: Assist the City of Lilburn Police Department with new communications system. $20,000 LAG #214 City of Norcross: Assist the Gwinnett Village Quality of Life Division Office with infrastructure improvements. $5,000 LAG #215 City of Snellville: Assist in funding two mobile speed detection message signs ($12,500); a Grapple Bucket Tractor for the recycling center ($20,000); a Park Bunker Rake ($5,000); and police car laptops ($12,500). $20,000 LAG #216 Gwinnett County Board of Education: Support reading mentoring programs offered by Everybody Wins Atlanta. $30,000 LAG #217 Gwinnett County Board of Education: Fund the Arts Now Level 1 to train 10 interested school teams assist students in meeting or exceeding Georgia Performance Standards. $30,000 LAG #218 Gwinnett County Board of Education: Assist with community service and education enhancements at the Gwinnett Village Community Alliance. $20,000 LAG #219 Gwinnett County Board of Education: Assist with infrastructure improvements at Norcross High School. $20,000 LAG #220 Gwinnett County Board of Education: Assist with infrastructure improvements at Peachtree Ridge High School. $20,000 LAG #221 Gwinnett County Board of Education: Assist with infrastructure improvements at Collins Hill High School. 610 JOURNAL OF THE SENATE $35,000 LAG #222 Gwinnett County Board of Education: Assist with community service and education enhancements at Grayson High School. $30,000 LAG #223 City of Demorest: Assist with a comprehensive study of a downtown renovation project. $25,000 LAG #224 City of Demorest: Improve municipal park at Piedmont College. $5,000 LAG #225 Hall County: Fund the Interactive Neighborhood for Kids. $10,000 LAG #226 Hall County: Renovate HVAC and repair ductwork for the East Hall and Murrayville Library Branches. $20,000 LAG #227 Hall County: Build a ballfield at the Hall County Recreation Department for the handicapped/disabled. $30,000 LAG #228 Hall County: Fund Industrial Park Development. $75,000 LAG #229 City of Flowery Branch: Assist in establishing a geographic information system mapping of sewer and stormwater facilities. $20,000 LAG #230 City of Gainesville: Assist the Centennial Arts Academy with technology improvements. $25,000 LAG #231 City of Oakwood: Expand and upgrade outdoor recreation facilities. $8,000 LAG #232 Hall County Board of Education: Assist in the development of an English Language Literacy Lab. $30,000 LAG #233 Hancock County: Assist the Sparta-Hancock County Fire Department with communications improvements. $7,000 LAG #234 Hancock County: Assist the Sparta-Hancock County Library with infrastructure improvements. $7,000 LAG #235 City of Sparta: Assist with an upgrade of the City of Sparta Police Department communication system. $7,000 LAG #236 City of Tallapoosa: Construct an addition to the West Georgia Museum of Tallapoosa. $20,000 LAG #237 City of Tallapoosa: Assist with the renovation of the Old City High School into a Civic Center for community development. $40,000 LAG #238 Haralson County: Construct a shotgun shooting facility for the West Georgia Youth Range Association. $20,000 LAG #239 Harris County: Fund planning and development for two new businesses. $40,000 LAG #240 Harris County: Assist Harris County with infrastructure and economic development improvements to the Ellerslie Historic Train Depot (community center). $10,000 LAG #241 City of Hamilton: Assist with infrastructure improvements. $50,000 LAG #242 Hart County: Build an animal shelter for animal control. $20,000 LAG #243 Hart County: Support the Hart County Library. $10,000 LAG #244 Henry County: Renovate the Veterans Wall of Honor McDonough. $25,000 LAG #245 Henry County: Purchase vehicle cameras and detection devices for police cars for the Henry County Police Department. $20,000 LAG #246 Henry County: Build restroom facilities at the Nash Battlefield Farm. $10,000 LAG #247 City of Hampton: Purchase digital video camera equipment for the Hampton Police Department. $25,000 LAG #248 Houston County: Assist Kids Journey with educational materials. $10,000 THURSDAY, FEBRUARY 21, 2008 611 LAG #249 Houston County: Assist the Houston County Library with media/education materials. $5,000 LAG #250 City of Centerville: Purchase a thermal imaging camera. $10,000 LAG #251 City of Perry: Assist the City of Perry with public service improvements. $5,000 LAG #252 City of Perry: Assist the City of Perry with public service improvements. $10,000 LAG #253 City of Perry: Assist with communications enhancements for City of Perry law enforcement. $20,000 LAG #254 City of Warner Robins: Assist with community service and transportation improvements. $15,000 LAG #255 City of Warner Robins: Assist the Cherished Children Child Care Center with community service and transportation improvements. $15,000 LAG #256 Irwin County: Purchase equipment for the Irwin County Sheriffs Office. $15,000 LAG #257 Irwin County: Assist the Irwin County Youth League with community improvements. $10,000 LAG #258 Irwin County Board of Education: Assist with environmental improvements at Irwin County High School. $5,000 LAG #259 Jackson County: Assist in the purchase of new personal protective gear for the South Jackson Volunteer Fire Department. $5,000 LAG #260 City of Commerce: Assist in purchasing an I.S.G. Elite Thermal Imaging Camera for the Commerce Fire Department. $10,000 LAG #261 City of Monticello: Assist City of Monticello with handicap accessibility improvements. $25,000 LAG #262 Jeff Davis County: Assist with Heritage Center learning aids. $4,000 LAG #263 City of Hazlehurst: Assist with health and community services. $5,000 LAG #264 Jenkins County: Assist the Jenkins County Extension office with infrastructure improvements. $8,000 LAG #265 City of Kite: Assist with community development. $4,000 LAG #266 City of Wrightsville: Purchase fire department equipment. $10,000 LAG #267 Jones County: Purchase Rescue Truck for Emergency Management Rescue Services. $20,000 LAG #268 Jones County Board of Education: Provide a start-up grant for a Technology Center at the Ninth Grade Academy. $7,000 LAG #269 Lamar County: Fund the start-up cost of Lamar County Elections Board. $20,000 LAG #270 Lamar County: Assist with the restoration of community center. $10,000 LAG #271 City of Milner: Purchase equipment for the Milner Police Department. $18,890 LAG #272 City of Lakeland: Assist the W.L Miller Library with technology improvements. $12,000 LAG #273 Laurens County: Purchase Jaws of Life rescue equipment for the Cedar Grove Volunteer Fire Department. $5,000 LAG #274 City of Dexter: Assist with infrastructure improvements for public service program. $15,000 LAG #275 City of Leesburg: Assist the Lee County Library with technology improvements. $10,000 LAG #276 City of Smithville: Assist the Smithville Police Department with technology and communications improvements. $5,000 612 JOURNAL OF THE SENATE LAG #277 Liberty County: Assist with public safety improvements. $20,000 LAG #278 City of Hinesville: Provide a Veterans Center Planning Grant for the planning of facility construction of a clinic. $10,000 LAG #279 City of Midway: Complete the original design of the Cay Creek Interruptive Center. $30,000 LAG #280 Lincoln County: Implement a literacy program for the Lincoln County Family Connection. $10,000 LAG #281 City of Lincolnton: Assist the City of Lincolnton with community center infrastructure improvements. $10,000 LAG #282 Long County: Purchase patrol vehicle for the Long County Sheriff's Office. $15,000 LAG #283 City of Ludowici: Purchase four computers for the Ludowici Police Department. $10,000 LAG #284 Lowndes County Board of Education: Implement a Parent Education Workshop in all elementary schools. $10,000 LAG #285 City of Valdosta Board of Education: Provide funds for the SMILE mentoring program to match private funds. $5,000 LAG #286 Lumpkin County: Assist Lumpkin County with an engineering study for water meters. $10,000 LAG #287 City of Dahlonega: Assist with infrastructure improvements and historic preservation adjacent to the Gold Museum. $10,000 LAG #288 Madison County: Fund site preparation for a silt fence and clearing and grading debris at the Madison County Ag. Ed. Center. $40,000 LAG #289 Madison County: Replace an ambulance. $40,000 LAG #290 Madison County: Assist Madison County with voter access improvements. $5,000 LAG #291 McDuffie County: Support the Boys and Girls Club. $7,000 LAG #292 City of Thomson: Support the Thomas/McDuffie County Library. $12,000 LAG #293 City of Darien: Assist with the completion of a Regional Arts Center. $30,000 LAG #294 City of Greenville: Purchase a portable building for senior citizens. $4,695 LAG #295 City of Manchester: Fund a partial conversion of Historic Manchester Mill Building. $35,000 LAG #296 Miller County: Purchase fallout gear for the Miller County Fire Department. $10,000 LAG #297 Mitchell County: Provide funding to the seven Mitchell County Volunteer Fire Departments to purchase equipment. $10,000 LAG #298 City of Camilla: Assist with community development. $10,000 LAG #299 City of Pelham: Assist with technology improvements. $10,000 LAG #300 City of Pelham: Assist with infrastructure improvements and renovations. $10,000 LAG #301 Monroe County: Engineer and construct a building at the Whistle Stop Cafe'. $20,000 LAG #302 City of Culloden: Inspect, clean, and paint elevated city water tank. $15,000 LAG #304 City of Eton: Assist the City of Eton with community development. $15,000 LAG #305 Muscogee County: Operate the Two Thousand Opportunities, Inc. $5,000 THURSDAY, FEBRUARY 21, 2008 613 LAG #306 Muscogee County: Fund an economic literacy program at the Girls Incorporated of Columbus. $5,000 LAG #307 City of Columbus: Operate a student athlete program at the Sports Counseling and Educational Services, Inc. $20,000 LAG #308 City of Columbus: Fund an income tax credit initiative at the United Way of the Chattahoochee Valley. $10,000 LAG #309 City of Columbus: Fund an after school reading tutorial program at the Building Toward Wellness Inc. $10,000 LAG #310 City of Columbus: Fund a charity project at the Controller's Civic and Social Club. $5,000 LAG #311 City of Columbus: Fund Project Rebound Inc. for an after school enrichment program for foster children. $5,000 LAG #312 City of Columbus: Fund Columbus South, Inc. for revitalization efforts. $5,000 LAG #313 City of Columbus: Assist the United Way of the Chattahoochee with infrastructure improvements to help reduce regional poverty. $20,000 LAG #314 Muscogee County Board of Education: Fund the Marshall Middle School Year Round Program. $10,000 LAG #315 City of Porterdale: Restore Porter Memorial Gym. $20,000 LAG #316 Paulding County: Assist Paulding County with children's public safety. $3,000 LAG #317 Paulding County: Improve the Ridge Road Community Park. $20,000 LAG #318 City of Dallas: Assist with technology improvements. $2,000 LAG #319 Paulding County Board of Education: Assist with security enhancements to ensure safe schools. $16,000 LAG #320 Paulding County Board of Education: Purchase a field house/locker room for East Paulding High School. $10,000 LAG #321 Peach County: Purchase two warning sirens. $20,000 LAG #322 Pickens County: Assist Pickens County with technology improvements. $15,000 LAG #323 Pickens County: Purchase an Urban Response Type-6 fire engine. $40,000 LAG #324 Pierce County: Purchase equipment for the Pierce County Recreation Department. $15,000 LAG #325 City of Offerman: Build a bathroom for the city park. $5,000 LAG #326 City of Eatonton: Assist the City of Eatonton with community center improvements - historic log cabin structure. $35,000 LAG #327 Rabun County: Promote academic strength and success through the Rabun Youth Inc. $5,000 LAG #328 City of Sky Valley: Construct a meeting room for government meetings. $20,000 LAG #329 Randolph County: Assist Randolph County with technology and communications improvements. $10,000 LAG #330 City of Cuthbert: Assist the City of Cuthbert with technology improvements. $3,000 LAG #331 City of Shellman: Purchase an AED defibulator. $3,000 LAG #332 Rockdale County: Assist the Conyers-Rockdale Library System with transportation improvements. $20,000 LAG #333 City of Conyers: Fund park improvements. $25,000 LAG #334 DeKalb County Board of Education: Assist Lithonia Middle School in meeting media material requirements. $5,000 614 JOURNAL OF THE SENATE LAG #335 Screven County: Assist the Screven County Chamber of Commerce with a museum renovation. $12,000 LAG #336 City of Donalsonville: Replace the radio system at the Donalsonville Fire Department. $10,000 LAG #337 Seminole County Board of Education: Purchase a boiler for Seminole High School. $15,000 LAG #338 Stephens County: Provide funding for the Stephens County Recovery Academy. $5,000 LAG #339 Stephens County Board of Education: Assist the special education program at Eastanollee Elementary School. $5,000 LAG #340 Stephens County Board of Education: Assist the special education program at Stephens County Middle School. $15,000 LAG #341 City of Richland: Clean-up from tornado damage. $25,000 LAG #342 Sumter County: Assist with airport facility repairs. $18,000 LAG #343 City of Americus: Clean up from tornado damage. $40,000 LAG #344 Tattnall County: Provide funds for additions to a jail. $25,000 LAG #345 City of Glennville: Purchase a John Deere 1200A for the Glennville Recreation Department. $10,000 LAG #346 City of Glennville: Assist in the development of a low income residential center. $45,000 LAG #347 City of Reidsville: Purchase a truck, truck bay, office, and enlarge a meeting room. $15,000 LAG #348 City of Reidsville: Purchase equipment for the Reidsville Fire Department. $10,000 LAG #349 City of Reidsville: Complete improvement projects at the Reidsville Municipal Airport. $25,000 LAG #350 Thomas County: Purchase equipment and furnishings for a new building at the Thomas County Boys and Girls Club. $20,000 LAG #351 Thomas County: Provide funds ($1,153/each) to the 13 Volunteer Fire Departments in Thomas County for equipment. $15,000 LAG #352 City of Boston: Improve streetscape and gateway on HWY 84. $15,000 LAG #353 City of Meigs: Replace roof and make repairs to the city hall. $20,000 LAG #354 Tift County: Assist the Tift County Sheriff's Office with communications and technology improvements. $12,000 LAG #355 City of TyTy: Assist with recreational improvements. $10,000 LAG #356 Toombs County: Refurbish training center and purchase equipment for the Toombs County Rural Fire Department. $30,000 LAG #357 City of Lyons: Upgrade parks maintained by the Recreational Department. $20,000 LAG #358 City of Lyons: Establish the Altamaha Heritage Center Museum. $10,000 LAG #359 City of Vidalia: Develop a pistol range for law enforcement. $25,000 LAG #360 Treutlen County: Fund grant writing to the Heart of Georgia Altamaha Regional Development Center. $20,000 LAG #361 City of Soperton: Assist the City of Soperton with community development. $7,500 LAG #362 City of Soperton: Fund repairs and purchase equipment at the city recreation park. $15,000 THURSDAY, FEBRUARY 21, 2008 615 LAG #363 City of LaGrange: Assist the City of LaGrange with community development. $20,000 LAG #364 City of LaGrange: Assist with environmental improvements at Granger Park Lake. $15,000 LAG #365 Turner County: Assist with emergency services improvements. $12,000 LAG #366 City of Sycamore: Assist with public safety equipment. $7,000 LAG #367 Union County Board of Education: Create a drug prevention program. $50,000 LAG #368 Walker County: Fund transportation planning. $22,500 LAG #369 City of LaFayette: Assist the Chattooga Academy with infrastructure renovations and repairs. $15,000 LAG #370 City of Good Hope: Assist the City of Good Hope with community development. $5,000 LAG #371 City of Social Circle: Assist the City of Social Circle with community development. $25,000 LAG #372 Walton County Board of Education: Assist with a health education facility at Loganville High School. $15,000 LAG #373 Ware County: Purchase Type 5 Fire Engine Truck. $40,000 LAG #374 City of Waycross: Assist the City of Waycross with community development improvements. $10,000 LAG #375 Warren County: Purchase a transport vehicle for coroner. $5,000 LAG #376 Warren County: Purchase a storage cooler for coroner. $3,000 LAG #377 Wayne County: Assist Webster County Volunteer Fire Departments with public safety and transportation improvements. $5,000 LAG #378 City of Jesup: Assist with technology improvements. $5,000 LAG #379 City of Screven: Assist with emergency (tornado damage) repairs. $5,000 LAG #380 Webster County: Assist Webster County with public safety and transportation improvements. $10,000 LAG #381 City of Alamo: Assist the Alamo Police Department with public safety improvements. $3,000 LAG #382 City of Alamo: Purchase Body Armor for the Alamo Police Department. $1,800 LAG #383 Whitfield County: Hire a consultant to develop a master plan for the development of heritage interpretation of Prater's Mill. $25,000 LAG #384 City of Cohutta: Assist the City of Cohutta with public safety equipment. $17,000 LAG #385 City of Dalton: Assist the Creative Arts Guild with environmental improvements. $15,000 LAG #386 City of Abbeville: Purchase two (2) Automatic External Defibrillators for police cars. $2,000 LAG #387 City of Pineview: Purchase police cars. $15,000 LAG #388 City of Rochelle: Assist the City of Rochelle with water system infrastructure improvements. $7,000 LAG #389 City of Washington: Support overnight facilities for tourism and economic development. $20,000 LAG #390 City of Washington: Assist the Pope Center in the City of Washington with technology upgrades. $35,000 LAG #391 City of Ivey: Assist in the upgrade of city water lines. $22,000 LAG #392 City of Poulan: Assist with community development. $5,000 LAG #393 City of Sylvester: Purchase turnout gear for eleven (11) firefighters. $10,000 616 JOURNAL OF THE SENATE LAG #394 City of Sylvester: Purchase computers for city hall. $4,500 LAG #395 City of Warwick: Assist the City of Warwick with emergency services enhancements. $24,000 LAG #396 Central Savannah River Area Regional Development Center: Assist Walton Options for Independent Living with handicapped accessibility. $10,000 LAG #397 Northeast Georgia Regional Development Center: Assist the Arts Development Council with infrastructure and operational improvements. $5,000 LAG #398 Northwest Georgia Trade and Convention Center Authority: Assist with accessibility and informational improvements at the Georgia Athletic Coaches Association. $25,000 Section 16: Community Health, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Reserved Fund Balances Section Total - Continuation $2,482,108,214 $2,482,108,214 $2,482,108,214 $2,428,284,558 $2,428,284,558 $2,428,284,558 $53,823,656 $53,823,656 $53,823,656 $5,509,482,136 $5,509,482,136 $5,509,482,136 $5,259,003,078 $5,259,003,078 $5,259,003,078 $250,479,058 $250,479,058 $250,479,058 $475,338,868 $475,338,868 $475,338,868 $239,598,082 $239,598,082 $239,598,082 $233,208,626 $233,208,626 $233,208,626 $2,532,160 $2,532,160 $2,532,160 $2,990,367,005 $2,990,367,005 $2,990,367,005 $2,990,367,005 $2,990,367,005 $2,990,367,005 $11,457,296,223 $11,457,296,223 $11,457,296,223 Section Total - Final $2,401,048,908 $2,347,225,252 $53,823,656 $5,753,753,923 $5,506,164,843 $247,589,080 $710,948,528 $475,207,742 $2,401,048,908 $2,347,225,252 $53,823,656 $5,800,316,923 $5,506,296,754 $294,020,169 $711,310,148 $475,569,362 $2,394,285,576 $2,340,461,920 $53,823,656 $5,789,264,450 $5,495,244,281 $294,020,169 $711,310,148 $475,569,362 THURSDAY, FEBRUARY 21, 2008 617 Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $233,208,626 $233,208,626 $233,208,626 $2,532,160 $2,532,160 $2,532,160 $2,996,931,591 $2,996,931,591 $2,996,931,591 $2,996,931,591 $2,996,931,591 $2,996,931,591 $11,862,682,950 $11,909,607,570 $11,891,791,765 Departmental Administration and Program Support Continuation Budget The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $94,102,323 $94,102,323 $94,102,323 State General Funds $94,102,323 $94,102,323 $94,102,323 TOTAL FEDERAL FUNDS $300,332,028 $300,332,028 $300,332,028 Medical Assistance Program CFDA93.778 $282,177,993 $282,177,993 $282,177,993 State Children's Insurance Program CFDA93.767 $18,154,035 $18,154,035 $18,154,035 TOTAL AGENCY FUNDS $14,362,160 $14,362,160 $14,362,160 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 Sales and Services $232,160 $232,160 $232,160 Sales and Services Not Itemized $232,160 $232,160 $232,160 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $22,134,312 $22,134,312 $22,134,312 State Funds Transfers $22,134,312 $22,134,312 $22,134,312 Health Insurance Payments $22,134,312 $22,134,312 $22,134,312 TOTAL PUBLIC FUNDS $430,930,823 $430,930,823 $430,930,823 70.0 Departmental Administration and Program Support Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $94,102,323 $94,102,323 $94,102,323 State General Funds $94,102,323 $94,102,323 $94,102,323 TOTAL FEDERAL FUNDS $300,332,028 $300,332,028 $300,332,028 Medical Assistance Program CFDA93.778 $282,177,993 $282,177,993 $282,177,993 State Children's Insurance Program CFDA93.767 $18,154,035 $18,154,035 $18,154,035 TOTAL AGENCY FUNDS $14,362,160 $14,362,160 $14,362,160 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 Sales and Services $232,160 $232,160 $232,160 618 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS $232,160 $22,134,312 $22,134,312 $22,134,312 $430,930,823 $232,160 $22,134,312 $22,134,312 $22,134,312 $430,930,823 $232,160 $22,134,312 $22,134,312 $22,134,312 $430,930,823 Health Care Access and Improvement Continuation Budget The purpose of this appropriation is to improve the health, wellness and access to healthcare for Georgians. TOTAL STATE FUNDS $17,299,088 $17,299,088 $17,299,088 State General Funds $14,449,088 $14,449,088 $14,449,088 Tobacco Settlement Funds $2,850,000 $2,850,000 $2,850,000 TOTAL FEDERAL FUNDS $588,838 $588,838 $588,838 Medical Assistance Program CFDA93.778 $588,838 $588,838 $588,838 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 $17,987,926 $17,987,926 $17,987,926 71.1 Reduce funds received for the Regional Health Information Technology pilot partnership with the Medical College of Georgia. State General Funds ($300,000) 71.0 Health Care Access and Improvement Appropriation (HB 989) The purpose of this appropriation is to improve the health, wellness and access to healthcare for Georgians. TOTAL STATE FUNDS $17,299,088 $17,299,088 $16,999,088 State General Funds $14,449,088 $14,449,088 $14,149,088 Tobacco Settlement Funds $2,850,000 $2,850,000 $2,850,000 TOTAL FEDERAL FUNDS $588,838 $588,838 $588,838 Medical Assistance Program CFDA93.778 $588,838 $588,838 $588,838 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 $17,987,926 $17,987,926 $17,687,926 Indigent Care Trust Fund Continuation Budget The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically THURSDAY, FEBRUARY 21, 2008 619 indigent Georgians. TOTAL STATE FUNDS $500,000 $500,000 $500,000 State General Funds $500,000 $500,000 $500,000 TOTAL FEDERAL FUNDS $271,584,678 $271,584,678 $271,584,678 Medical Assistance Program CFDA93.778 $271,584,678 $271,584,678 $271,584,678 TOTAL AGENCY FUNDS $160,737,322 $160,737,322 $160,737,322 Intergovernmental Transfers $158,537,322 $158,537,322 $158,537,322 Hospital Authorities $158,537,322 $158,537,322 $158,537,322 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 $432,822,000 $432,822,000 $432,822,000 72.1 Increase funds to provide the state match for private hospitals that are considered "deemed" by federal standards for the Disproportionate Share Hospital (DSH) program. (H:Provide the state match for federal Disproportionate Share Hospital (DSH) funds for private hospitals providing access to Georgia's uninsured citizens) State General Funds $6,660,093 $13,123,425 $6,660,093 Medical Assistance Program CFDA93.778 $11,388,940 $22,441,413 $11,388,940 TOTAL PUBLIC FUNDS $18,049,033 $35,564,838 $18,049,033 72.0 Indigent Care Trust Fund Appropriation (HB 989) The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. TOTAL STATE FUNDS $7,160,093 $13,623,425 $7,160,093 State General Funds $7,160,093 $13,623,425 $7,160,093 TOTAL FEDERAL FUNDS $282,973,618 $294,026,091 $282,973,618 Medical Assistance Program CFDA93.778 $282,973,618 $294,026,091 $282,973,618 TOTAL AGENCY FUNDS $160,737,322 $160,737,322 $160,737,322 Intergovernmental Transfers $158,537,322 $158,537,322 $158,537,322 Hospital Authorities $158,537,322 $158,537,322 $158,537,322 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 $450,871,033 $468,386,838 $450,871,033 Medicaid: Aged, Blind, and Disabled Continuation Budget The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals. 620 JOURNAL OF THE SENATE TOTAL STATE FUNDS $1,135,312,137 $1,135,312,137 $1,135,312,137 State General Funds $1,135,312,137 $1,135,312,137 $1,135,312,137 TOTAL FEDERAL FUNDS $2,663,301,386 $2,663,301,386 $2,663,301,386 Medical Assistance Program CFDA93.778 $2,663,301,386 $2,663,301,386 $2,663,301,386 TOTAL AGENCY FUNDS $207,984,792 $207,984,792 $207,984,792 Reserved Fund Balances $145,641,804 $145,641,804 $145,641,804 Reserved Fund Balances Not Itemized $145,641,804 $145,641,804 $145,641,804 Intergovernmental Transfers $62,342,988 $62,342,988 $62,342,988 Hospital Authorities $62,342,988 $62,342,988 $62,342,988 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $267,288,632 $267,288,632 $267,288,632 State Funds Transfers $267,288,632 $267,288,632 $267,288,632 Optional Medicaid Services Payments $267,288,632 $267,288,632 $267,288,632 TOTAL PUBLIC FUNDS $4,273,886,947 $4,273,886,947 $4,273,886,947 73.1 Transfer funds to align budget with expenditures. Medical Assistance Program CFDA93.778 ($60,415,946) ($60,415,946) ($60,415,946) Optional Medicaid Services Payments ($35,757,161) ($35,757,161) ($35,757,161) TOTAL PUBLIC FUNDS ($96,173,107) ($96,173,107) ($96,173,107) 73.2 Utilize FY07 reserves for FY07 Incurred But Not Reported (IBNR) expenses. Medical Assistance Program CFDA93.778 $278,543,880 $278,543,880 $278,543,880 Reserved Fund Balances Not Itemized $164,856,120 $164,856,120 $164,856,120 TOTAL PUBLIC FUNDS $443,400,000 $443,400,000 $443,400,000 73.3 Reduce funds to reflect benefit projections. State General Funds ($70,443,008) ($76,906,340) ($76,906,340) Medical Assistance Program CFDA93.778 ($119,021,780) ($129,942,342) ($129,942,342) TOTAL PUBLIC FUNDS ($189,464,788) ($206,848,682) ($206,848,682) 73.0 Medicaid: Aged, Blind, and Disabled Appropriation (HB 989) The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals. TOTAL STATE FUNDS $1,064,869,129 $1,058,405,797 $1,058,405,797 State General Funds $1,064,869,129 $1,058,405,797 $1,058,405,797 TOTAL FEDERAL FUNDS $2,762,407,540 $2,751,486,978 $2,751,486,978 Medical Assistance Program CFDA93.778 $2,762,407,540 $2,751,486,978 $2,751,486,978 TOTAL AGENCY FUNDS $372,840,912 $372,840,912 $372,840,912 Reserved Fund Balances $310,497,924 $310,497,924 $310,497,924 THURSDAY, FEBRUARY 21, 2008 621 Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $310,497,924 $62,342,988 $62,342,988 $231,531,471 $231,531,471 $231,531,471 $4,431,649,052 $310,497,924 $62,342,988 $62,342,988 $231,531,471 $231,531,471 $231,531,471 $4,414,265,158 $310,497,924 $62,342,988 $62,342,988 $231,531,471 $231,531,471 $231,531,471 $4,414,265,158 Medicaid: Low-Income Medicaid Continuation Budget The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $981,795,155 $981,795,155 $981,795,155 State General Funds $930,821,499 $930,821,499 $930,821,499 Tobacco Settlement Funds $50,973,656 $50,973,656 $50,973,656 TOTAL FEDERAL FUNDS $1,837,234,253 $1,837,234,253 $1,837,234,253 Medical Assistance Program CFDA93.778 $1,837,234,253 $1,837,234,253 $1,837,234,253 TOTAL AGENCY FUNDS $92,154,594 $92,154,594 $92,154,594 Reserved Fund Balances $79,826,278 $79,826,278 $79,826,278 Reserved Fund Balances Not Itemized $79,826,278 $79,826,278 $79,826,278 Intergovernmental Transfers $12,328,316 $12,328,316 $12,328,316 Hospital Authorities $12,328,316 $12,328,316 $12,328,316 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $13,416,847 $13,416,847 $13,416,847 State Funds Transfers $13,416,847 $13,416,847 $13,416,847 Optional Medicaid Services Payments $13,416,847 $13,416,847 $13,416,847 TOTAL PUBLIC FUNDS $2,924,600,849 $2,924,600,849 $2,924,600,849 74.1 Transfer funds to align budget with expenditures and increase funds to reflect benefit projections. Medical Assistance Program CFDA93.778 $71,507,589 $71,507,589 $71,507,589 Optional Medicaid Services Payments $42,321,747 $42,321,747 $42,321,747 TOTAL PUBLIC FUNDS $113,829,336 $113,829,336 $113,829,336 74.2 Utilize funds for FY07 reserves for FY07 Incurred But Not Reported (IBNR) expenses. Medical Assistance Program CFDA93.778 $119,546,460 $119,546,460 $119,546,460 Reserved Fund Balances Not Itemized $70,753,540 $70,753,540 $70,753,540 TOTAL PUBLIC FUNDS $190,300,000 $190,300,000 $190,300,000 74.3 Reduce Care Management Organization (CMO) fees due to lower program enrollment. 622 JOURNAL OF THE SENATE State General Funds ($32,189,155) ($32,189,155) ($32,189,155) Medical Assistance Program CFDA93.778 ($54,387,378) ($54,387,378) ($54,387,378) TOTAL PUBLIC FUNDS ($86,576,533) ($86,576,533) ($86,576,533) 74.0 Medicaid: Low-Income Medicaid Appropriation (HB 989) The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $949,606,000 $949,606,000 $949,606,000 State General Funds $898,632,344 $898,632,344 $898,632,344 Tobacco Settlement Funds $50,973,656 $50,973,656 $50,973,656 TOTAL FEDERAL FUNDS $1,973,900,924 $1,973,900,924 $1,973,900,924 Medical Assistance Program CFDA93.778 $1,973,900,924 $1,973,900,924 $1,973,900,924 TOTAL AGENCY FUNDS $162,908,134 $162,908,134 $162,908,134 Reserved Fund Balances $150,579,818 $150,579,818 $150,579,818 Reserved Fund Balances Not Itemized $150,579,818 $150,579,818 $150,579,818 Intergovernmental Transfers $12,328,316 $12,328,316 $12,328,316 Hospital Authorities $12,328,316 $12,328,316 $12,328,316 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $55,738,594 $55,738,594 $55,738,594 State Funds Transfers $55,738,594 $55,738,594 $55,738,594 Optional Medicaid Services Payments $55,738,594 $55,738,594 $55,738,594 TOTAL PUBLIC FUNDS $3,142,153,652 $3,142,153,652 $3,142,153,652 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 $120,805,958 $120,805,958 $120,805,958 State General Funds $120,805,958 $120,805,958 $120,805,958 TOTAL FEDERAL FUNDS $204,115,930 $204,115,930 $204,115,930 Medical Assistance Program CFDA93.778 $204,115,930 $204,115,930 $204,115,930 TOTAL PUBLIC FUNDS $324,921,888 $324,921,888 $324,921,888 75.0 Nursing Home Provider Fees Appropriation (HB 989) 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. THURSDAY, FEBRUARY 21, 2008 623 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $120,805,958 $120,805,958 $204,115,930 $204,115,930 $324,921,888 $120,805,958 $120,805,958 $204,115,930 $204,115,930 $324,921,888 $120,805,958 $120,805,958 $204,115,930 $204,115,930 $324,921,888 PeachCare Continuation Budget The purpose of this appropriation is to improve access to healthcare for qualified low-income families. TOTAL STATE FUNDS $81,348,701 $81,348,701 $81,348,701 State General Funds $81,348,701 $81,348,701 $81,348,701 TOTAL FEDERAL FUNDS $232,325,023 $232,325,023 $232,325,023 State Children's Insurance Program CFDA93.767 $232,325,023 $232,325,023 $232,325,023 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $151,783 $151,783 $151,783 State Funds Transfers $151,783 $151,783 $151,783 Optional Medicaid Services Payments $151,783 $151,783 $151,783 TOTAL PUBLIC FUNDS $313,825,507 $313,825,507 $313,825,507 76.1 Increase funds to cover projected benefit expenditures. State General Funds $15,926,579 $15,926,579 $15,926,579 State Children's Insurance Program CFDA93.767 $45,400,256 $45,400,256 TOTAL PUBLIC FUNDS $61,326,835 $61,326,835 76.2 Reduce Care Management Organization (CMO) fees. State General Funds ($1,013,815) ($1,013,815) ($1,013,815) State Children's Insurance Program CFDA93.767 ($2,889,978) ($2,889,978) ($2,889,978) TOTAL PUBLIC FUNDS ($3,903,793) ($3,903,793) ($3,903,793) 76.3 Utilize FY07 reserves for FY07 Incurred But Not Reported (IBNR) expenses. State Children's Insurance Program CFDA93.767 $1,030,833 $1,030,833 Reserved Fund Balances Not Itemized $361,620 $361,620 TOTAL PUBLIC FUNDS $1,392,453 $1,392,453 76.0 PeachCare Appropriation (HB 989) The purpose of this appropriation is to improve access to healthcare for qualified low-income families. TOTAL STATE FUNDS $96,261,465 $96,261,465 $96,261,465 State General Funds $96,261,465 $96,261,465 $96,261,465 TOTAL FEDERAL FUNDS $229,435,045 $275,866,134 $275,866,134 624 JOURNAL OF THE SENATE State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $229,435,045 $151,783 $151,783 $151,783 $325,848,293 $275,866,134 $361,620 $361,620 $361,620 $151,783 $151,783 $151,783 $372,641,002 $275,866,134 $361,620 $361,620 $361,620 $151,783 $151,783 $151,783 $372,641,002 State Health Benefit Plan Continuation Budget 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. The employer contribution rate for the teachers' health benefit plan shall not exceed 18.534% and for the state employees' health benefit plan it shall not exceed 22.843%. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,687,375,431 $2,687,375,431 $2,687,375,431 State Funds Transfers $2,687,375,431 $2,687,375,431 $2,687,375,431 Health Insurance Payments $2,687,375,431 $2,687,375,431 $2,687,375,431 TOTAL PUBLIC FUNDS $2,687,375,431 $2,687,375,431 $2,687,375,431 77.99 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. House: 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. Governor: 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. Health Insurance Payments $0 $0 $0 77.0 State Health Benefit Plan Appropriation (HB 989) 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. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,687,375,431 $2,687,375,431 $2,687,375,431 State Funds Transfers $2,687,375,431 $2,687,375,431 $2,687,375,431 Health Insurance Payments $2,687,375,431 $2,687,375,431 $2,687,375,431 TOTAL PUBLIC FUNDS $2,687,375,431 $2,687,375,431 $2,687,375,431 THURSDAY, FEBRUARY 21, 2008 625 Composite Board of Medical Examiners Continuation Budget 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 $2,366,731 $2,366,731 $2,366,731 State General Funds $2,366,731 $2,366,731 $2,366,731 TOTAL PUBLIC FUNDS $2,366,731 $2,366,731 $2,366,731 78.0 Composite Board of Medical Examiners Appropriation (HB 989) 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 $2,366,731 $2,366,731 $2,366,731 State General Funds $2,366,731 $2,366,731 $2,366,731 TOTAL PUBLIC FUNDS $2,366,731 $2,366,731 $2,366,731 Physician Workforce, Georgia Board of: Board Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS $591,850 $591,850 $591,850 State General Funds $591,850 $591,850 $591,850 TOTAL PUBLIC FUNDS $591,850 $591,850 $591,850 79.0 Physician Workforce, Georgia Board of: Board Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS $591,850 $591,850 $591,850 State General Funds $591,850 $591,850 $591,850 TOTAL PUBLIC FUNDS $591,850 $591,850 $591,850 Physician Workforce, Education Georgia Board of: Graduate Medical Continuation Budget The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support and development of medical education programs. TOTAL STATE FUNDS $7,212,223 $7,212,223 $7,212,223 State General Funds $7,212,223 $7,212,223 $7,212,223 TOTAL PUBLIC FUNDS $7,212,223 $7,212,223 $7,212,223 80.0 Physician Workforce, Education Georgia Board of: Graduate Medical Appropriation (HB 989) The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support and 626 JOURNAL OF THE SENATE development of medical education programs. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,212,223 $7,212,223 $7,212,223 $7,212,223 $7,212,223 $7,212,223 $7,212,223 $7,212,223 $7,212,223 Physician Grant Workforce, Georgia Board of: Mercer School of Medicine Continuation Budget 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 $24,560,862 $24,560,862 $24,560,862 State General Funds $24,560,862 $24,560,862 $24,560,862 TOTAL PUBLIC FUNDS $24,560,862 $24,560,862 $24,560,862 81.0 Physician Grant Workforce, Georgia Board of: Mercer School of Medicine Appropriation (HB 989) 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 $24,560,862 $24,560,862 $24,560,862 State General Funds $24,560,862 $24,560,862 $24,560,862 TOTAL PUBLIC FUNDS $24,560,862 $24,560,862 $24,560,862 Physician Workforce, Medicine Grant Georgia Board of: Morehouse School of Continuation Budget 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 $11,247,293 $11,247,293 $11,247,293 State General Funds $11,247,293 $11,247,293 $11,247,293 TOTAL PUBLIC FUNDS $11,247,293 $11,247,293 $11,247,293 82.0 Physician Workforce, Medicine Grant Georgia Board of: Morehouse School of Appropriation (HB 989) 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 $11,247,293 $11,247,293 $11,247,293 State General Funds $11,247,293 $11,247,293 $11,247,293 THURSDAY, FEBRUARY 21, 2008 627 TOTAL PUBLIC FUNDS $11,247,293 $11,247,293 $11,247,293 Physician Workforce, Education Georgia Board of: Undergraduate MedicalContinuation Budget 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. TOTAL STATE FUNDS $3,538,484 $3,538,484 $3,538,484 State General Funds $3,538,484 $3,538,484 $3,538,484 TOTAL PUBLIC FUNDS $3,538,484 $3,538,484 $3,538,484 83.0 Physician Workforce, Education Georgia Board of: Undergraduate Medical Appropriation (HB 989) 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. TOTAL STATE FUNDS $3,538,484 $3,538,484 $3,538,484 State General Funds $3,538,484 $3,538,484 $3,538,484 TOTAL PUBLIC FUNDS $3,538,484 $3,538,484 $3,538,484 Medical Education Board, State Continuation Budget The purpose of this appropriation is to ensure an adequate supply of physicians 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 $1,427,409 $1,427,409 $1,427,409 State General Funds $1,427,409 $1,427,409 $1,427,409 TOTAL PUBLIC FUNDS $1,427,409 $1,427,409 $1,427,409 84.0 Medical Education Board, State Appropriation (HB 989) The purpose of this appropriation is to ensure an adequate supply of physicians 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 $1,427,409 $1,427,409 $1,427,409 State General Funds $1,427,409 $1,427,409 $1,427,409 TOTAL PUBLIC FUNDS $1,427,409 $1,427,409 $1,427,409 Section 17: Corrections, Department of TOTAL STATE FUNDS Section Total - Continuation $1,100,549,710 $1,100,549,710 $1,100,549,710 628 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances 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 Reserved Fund Balances Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS $1,100,549,710 $1,100,549,710 $3,111,139 $3,111,139 $3,111,139 $3,111,139 $20,965,509 $20,965,509 $53,716 $53,716 $3,406,391 $3,406,391 $17,505,402 $17,505,402 $1,124,626,358 $1,124,626,358 Section Total - Final $1,100,549,710 $3,111,139 $3,111,139 $20,965,509 $53,716 $3,406,391 $17,505,402 $1,124,626,358 $1,100,549,710 $1,100,549,710 $3,111,139 $3,111,139 $20,965,509 $53,716 $3,406,391 $17,505,402 $1,124,626,358 $1,100,549,710 $1,100,549,710 $3,111,139 $3,111,139 $20,965,509 $53,716 $3,406,391 $17,505,402 $1,124,626,358 $1,100,270,926 $1,100,270,926 $3,111,139 $3,111,139 $20,965,509 $53,716 $3,406,391 $17,505,402 $1,124,347,574 Bainbridge Probation Substance Abuse Treatment Center Continuation Budget 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 $6,235,613 $6,235,613 $6,235,613 State General Funds $6,235,613 $6,235,613 $6,235,613 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 $6,263,402 $6,263,402 $6,263,402 85.0 Bainbridge Probation Substance Abuse Treatment Center Appropriation (HB 989) The purpose of this appropriation is to provide a sanctioning option for probationers who require more security and supervision than THURSDAY, FEBRUARY 21, 2008 629 provided by regular community supervision. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,235,613 $6,235,613 $20,743 $20,743 $7,046 $7,046 $7,046 $6,263,402 $6,235,613 $6,235,613 $20,743 $20,743 $7,046 $7,046 $7,046 $6,263,402 $6,235,613 $6,235,613 $20,743 $20,743 $7,046 $7,046 $7,046 $6,263,402 County Jail Subsidy Continuation Budget The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities. TOTAL STATE FUNDS $6,196,724 $6,196,724 $6,196,724 State General Funds $6,196,724 $6,196,724 $6,196,724 TOTAL PUBLIC FUNDS $6,196,724 $6,196,724 $6,196,724 86.0 County Jail Subsidy Appropriation (HB 989) The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities. TOTAL STATE FUNDS $6,196,724 $6,196,724 $6,196,724 State General Funds $6,196,724 $6,196,724 $6,196,724 TOTAL PUBLIC FUNDS $6,196,724 $6,196,724 $6,196,724 Departmental Administration Continuation Budget 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 $55,204,846 $55,204,846 $55,204,846 State General Funds $55,204,846 $55,204,846 $55,204,846 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 $57,040,846 $57,040,846 $57,040,846 87.1 Transfer savings generated through a temporary reduction in bed space from the Private Prisons program to cover operating costs associated with the ninety-six bed expansion at the Emanuel Probation Detention Center. State General Funds $629 $629 $629 87.2 Transfer funds generated by the delay of 1,216 fast track bed expansions at five state prisons to the Health program to cover 630 JOURNAL OF THE SENATE the projected health services deficit. Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison State General Funds ($7,761) ($7,761) ($7,761) 87.0 Departmental Administration Appropriation (HB 989) 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 $55,197,714 $55,197,714 $55,197,714 State General Funds $55,197,714 $55,197,714 $55,197,714 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 $57,033,714 $57,033,714 $57,033,714 Detention Centers Continuation Budget 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 $46,080,772 $46,080,772 $46,080,772 State General Funds $46,080,772 $46,080,772 $46,080,772 TOTAL FEDERAL FUNDS $127,140 $127,140 $127,140 Federal Funds Not Itemized $127,140 $127,140 $127,140 TOTAL AGENCY FUNDS $1,190,115 $1,190,115 $1,190,115 Reserved Fund Balances $53,716 $53,716 $53,716 Reserved Fund Balances Not Itemized $53,716 $53,716 $53,716 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 $47,398,027 $47,398,027 $47,398,027 88.1 Transfer savings generated through a temporary reduction in bed space from the Private Prisons program to cover operating costs associated with the ninety-six bed expansion at the Emanuel Probation Detention Center. State General Funds $641,190 $641,190 $641,190 88.0 Detention Centers Appropriation (HB 989) 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 $46,721,962 $46,721,962 $46,721,962 State General Funds $46,721,962 $46,721,962 $46,721,962 THURSDAY, FEBRUARY 21, 2008 631 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $127,140 $127,140 $1,190,115 $53,716 $53,716 $1,136,399 $1,136,399 $48,039,217 $127,140 $127,140 $1,190,115 $53,716 $53,716 $1,136,399 $1,136,399 $48,039,217 $127,140 $127,140 $1,190,115 $53,716 $53,716 $1,136,399 $1,136,399 $48,039,217 Food and Farm Operations Continuation Budget The purpose of this appropriation is to raise crops and livestock, and produce dairy items used in preparing meals for offenders. TOTAL STATE FUNDS $13,288,692 $13,288,692 $13,288,692 State General Funds $13,288,692 $13,288,692 $13,288,692 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 $45,000 Sales and Services $45,000 $45,000 $45,000 Sales and Services Not Itemized $45,000 $45,000 $45,000 TOTAL PUBLIC FUNDS $13,355,692 $13,355,692 $13,355,692 89.1 Transfer savings generated through a temporary reduction in bed space from the Private Prisons program to cover operating costs associated with the ninety-six bed expansion at the Emanuel Probation Detention Center. State General Funds $9,530 $9,530 $9,530 89.2 Transfer funds generated by the delay of 1,216 fast track bed expansions at five state prisons to the Health program to cover the projected health services deficit. Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison State General Funds ($100,913) ($100,913) ($100,913) 89.0 Food and Farm Operations Appropriation (HB 989) The purpose of this appropriation is to raise crops and livestock, and produce dairy items used in preparing meals for offenders. TOTAL STATE FUNDS $13,197,309 $13,197,309 $13,197,309 State General Funds $13,197,309 $13,197,309 $13,197,309 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 $45,000 632 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $45,000 $45,000 $13,264,309 $45,000 $45,000 $13,264,309 $45,000 $45,000 $13,264,309 Health Continuation Budget 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 $195,137,625 $195,137,625 $195,137,625 State General Funds $195,137,625 $195,137,625 $195,137,625 TOTAL AGENCY FUNDS $8,464,209 $8,464,209 $8,464,209 Sales and Services $8,464,209 $8,464,209 $8,464,209 Sales and Services Not Itemized $8,464,209 $8,464,209 $8,464,209 TOTAL PUBLIC FUNDS $203,601,834 $203,601,834 $203,601,834 90.1 Transfer savings generated through a temporary reduction in bed space from the Private Prisons program to cover operating costs associated with the ninety-six bed expansion at the Emanuel Probation Detention Center. State General Funds $216,651 $216,651 $216,651 90.2 Transfer funds generated by the delay of 1,216 fast track bed expansions at five state prisons from the Departmental Administration, Food and Farm Operations, and State Prisons programs to cover the projected health services deficit. State General Funds $4,759,777 $4,759,777 $4,759,777 90.0 Health Appropriation (HB 989) 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 $200,114,053 $200,114,053 $200,114,053 State General Funds $200,114,053 $200,114,053 $200,114,053 TOTAL AGENCY FUNDS $8,464,209 $8,464,209 $8,464,209 Sales and Services $8,464,209 $8,464,209 $8,464,209 Sales and Services Not Itemized $8,464,209 $8,464,209 $8,464,209 TOTAL PUBLIC FUNDS $208,578,262 $208,578,262 $208,578,262 Offender Management Continuation Budget The purpose of this appropriation is to provide cost effective correctional services that ensures public safety. TOTAL STATE FUNDS $44,724,989 $44,724,989 $44,724,989 State General Funds $44,724,989 $44,724,989 $44,724,989 THURSDAY, FEBRUARY 21, 2008 633 TOTAL PUBLIC FUNDS $44,724,989 $44,724,989 $44,724,989 91.1 Reduce funds received to expand County Correctional Institutions (CCI) to house state inmates in rural Georgia. State General Funds ($278,784) 91.0 Offender Management Appropriation (HB 989) The purpose of this appropriation is to provide cost effective correctional services that ensures public safety. TOTAL STATE FUNDS $44,724,989 $44,724,989 $44,446,205 State General Funds $44,724,989 $44,724,989 $44,446,205 TOTAL PUBLIC FUNDS $44,724,989 $44,724,989 $44,446,205 Parole Revocation Centers Continuation Budget The purpose of this appropriation is to provide a sanction for parole violations. TOTAL STATE FUNDS $4,405,937 $4,405,937 $4,405,937 State General Funds $4,405,937 $4,405,937 $4,405,937 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 $4,465,585 $4,465,585 $4,465,585 92.0 Parole Revocation Centers Appropriation (HB 989) The purpose of this appropriation is to provide a sanction for parole violations. TOTAL STATE FUNDS $4,405,937 $4,405,937 $4,405,937 State General Funds $4,405,937 $4,405,937 $4,405,937 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 $4,465,585 $4,465,585 $4,465,585 Private Prisons Continuation Budget The purpose of this appropriation is to provide cost effective correctional services that ensure public safety. TOTAL STATE FUNDS $80,709,877 $80,709,877 $80,709,877 634 JOURNAL OF THE SENATE State General Funds $80,709,877 $80,709,877 $80,709,877 TOTAL PUBLIC FUNDS $80,709,877 $80,709,877 $80,709,877 93.1 Transfer savings generated through a temporary reduction in bed space to the Departmental Administration, Food and Farm Operations, Health, and Detention Centers programs to cover operating costs associated with the ninety-six bed expansion at the Emanuel Probation Detention Center. Sites: D. Ray James Correctional Facility State General Funds ($868,000) ($868,000) ($868,000) 93.0 Private Prisons Appropriation (HB 989) The purpose of this appropriation is to provide cost effective correctional services that ensure public safety. TOTAL STATE FUNDS $79,841,877 $79,841,877 $79,841,877 State General Funds $79,841,877 $79,841,877 $79,841,877 TOTAL PUBLIC FUNDS $79,841,877 $79,841,877 $79,841,877 Probation Diversion Centers Continuation Budget 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 $13,210,013 $13,210,013 $13,210,013 State General Funds $13,210,013 $13,210,013 $13,210,013 TOTAL AGENCY FUNDS $2,812,861 $2,812,861 $2,812,861 Royalties and Rents $2,751,287 $2,751,287 $2,751,287 Royalties and Rents Not Itemized $2,751,287 $2,751,287 $2,751,287 Sales and Services $61,574 $61,574 $61,574 Sales and Services Not Itemized $61,574 $61,574 $61,574 TOTAL PUBLIC FUNDS $16,022,874 $16,022,874 $16,022,874 94.1 Transfer funds to the Probation Supervision program to convert the Athens Diversion Center to the Athens Day Reporting Center. State General Funds ($1,069,332) ($1,069,332) ($1,069,332) 94.0 Probation Diversion Centers Appropriation (HB 989) 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 $12,140,681 $12,140,681 $12,140,681 State General Funds $12,140,681 $12,140,681 $12,140,681 THURSDAY, FEBRUARY 21, 2008 635 TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,812,861 $2,751,287 $2,751,287 $61,574 $61,574 $14,953,542 $2,812,861 $2,751,287 $2,751,287 $61,574 $61,574 $14,953,542 $2,812,861 $2,751,287 $2,751,287 $61,574 $61,574 $14,953,542 Probation Supervision Continuation Budget The purpose of this appropriation is to supervise probationers. TOTAL STATE FUNDS $82,167,745 $82,167,745 $82,167,745 State General Funds $82,167,745 $82,167,745 $82,167,745 TOTAL PUBLIC FUNDS $82,167,745 $82,167,745 $82,167,745 95.1 Transfer funds from the Probation Diversion Centers program to convert the Athens Diversion Center to the Athens Day Reporting Center. State General Funds $1,069,332 $1,069,332 $1,069,332 95.0 Probation Supervision The purpose of this appropriation is to supervise probationers. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 State Prisons Continuation Budget 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 $526,810,477 $526,810,477 $526,810,477 State General Funds $526,810,477 $526,810,477 $526,810,477 TOTAL FEDERAL FUNDS $1,094,746 $1,094,746 $1,094,746 Federal Funds Not Itemized $1,094,746 $1,094,746 $1,094,746 TOTAL AGENCY FUNDS $8,397,140 $8,397,140 $8,397,140 Royalties and Rents $655,104 $655,104 $655,104 Royalties and Rents Not Itemized $655,104 $655,104 $655,104 Sales and Services $7,742,036 $7,742,036 $7,742,036 Sales and Services Not Itemized $7,742,036 $7,742,036 $7,742,036 636 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $536,302,363 $536,302,363 $536,302,363 96.1 Transfer funds generated by the delay of 1,216 fast track bed expansions at five state prisons to the Health program to cover the projected health services deficit. Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison State General Funds ($4,651,103) ($4,651,103) ($4,651,103) 96.0 State Prisons Appropriation (HB 989) 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $522,159,374 $522,159,374 $1,094,746 $1,094,746 $8,397,140 $655,104 $655,104 $7,742,036 $7,742,036 $531,651,260 $522,159,374 $522,159,374 $1,094,746 $1,094,746 $8,397,140 $655,104 $655,104 $7,742,036 $7,742,036 $531,651,260 $522,159,374 $522,159,374 $1,094,746 $1,094,746 $8,397,140 $655,104 $655,104 $7,742,036 $7,742,036 $531,651,260 Transitional Centers Continuation Budget 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 $26,376,400 $26,376,400 $26,376,400 State General Funds $26,376,400 $26,376,400 $26,376,400 TOTAL PUBLIC FUNDS $26,376,400 $26,376,400 $26,376,400 97.0 Transitional Centers Appropriation (HB 989) 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 $26,376,400 $26,376,400 $26,376,400 State General Funds $26,376,400 $26,376,400 $26,376,400 TOTAL PUBLIC FUNDS $26,376,400 $26,376,400 $26,376,400 THURSDAY, FEBRUARY 21, 2008 637 Section 18: Defense, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances 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 Reserved Fund Balances Interest and Investment Income Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $11,344,298 $11,344,298 $11,344,298 $11,344,298 $28,812,701 $28,812,701 $28,812,701 $28,812,701 $816,341 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $40,973,340 $40,973,340 Section Total - Final $11,344,298 $11,344,298 $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $40,973,340 $11,491,013 $11,491,013 $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $41,120,055 $11,417,656 $11,417,656 $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $41,046,698 $11,491,013 $11,491,013 $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $41,120,055 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $1,304,048 $1,304,048 $1,304,048 State General Funds $1,304,048 $1,304,048 $1,304,048 TOTAL FEDERAL FUNDS $409,445 $409,445 $409,445 Federal Funds Not Itemized $409,445 $409,445 $409,445 TOTAL PUBLIC FUNDS $1,713,493 $1,713,493 $1,713,493 98.0 Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. 638 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,304,048 $1,304,048 $409,445 $409,445 $1,713,493 $1,304,048 $1,304,048 $409,445 $409,445 $1,713,493 $1,304,048 $1,304,048 $409,445 $409,445 $1,713,493 Military Readiness Continuation Budget 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 $5,176,545 $5,176,545 $5,176,545 State General Funds $5,176,545 $5,176,545 $5,176,545 TOTAL FEDERAL FUNDS $20,600,133 $20,600,133 $20,600,133 Federal Funds Not Itemized $20,600,133 $20,600,133 $20,600,133 TOTAL AGENCY FUNDS $816,341 $816,341 $816,341 Reserved Fund Balances $2,500 $2,500 $2,500 Reserved Fund Balances Not Itemized $2,500 $2,500 $2,500 Interest and Investment Income $400 $400 $400 Interest and Investment Income Not Itemized $400 $400 $400 Royalties and Rents $151,022 $151,022 $151,022 Royalties and Rents Not Itemized $151,022 $151,022 $151,022 Sales and Services $662,419 $662,419 $662,419 Sales and Services Not Itemized $662,419 $662,419 $662,419 TOTAL PUBLIC FUNDS $26,593,019 $26,593,019 $26,593,019 99.1 Increase funds to convert the Assistant Adjutant General positions for the Air and Army National Guard from part-time to full- time status. (H:Increase funds for one-quarter of the fiscal year) State General Funds $146,715 $73,358 $146,715 99.0 Military Readiness Appropriation (HB 989) 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 $5,323,260 $5,249,903 $5,323,260 State General Funds $5,323,260 $5,249,903 $5,323,260 TOTAL FEDERAL FUNDS $20,600,133 $20,600,133 $20,600,133 Federal Funds Not Itemized $20,600,133 $20,600,133 $20,600,133 THURSDAY, FEBRUARY 21, 2008 639 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $26,739,734 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $26,666,377 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $26,739,734 Youth Educational Services Continuation Budget The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth in Georgia. TOTAL STATE FUNDS $4,863,705 $4,863,705 $4,863,705 State General Funds $4,863,705 $4,863,705 $4,863,705 TOTAL FEDERAL FUNDS $7,803,123 $7,803,123 $7,803,123 Federal Funds Not Itemized $7,803,123 $7,803,123 $7,803,123 TOTAL PUBLIC FUNDS $12,666,828 $12,666,828 $12,666,828 100.0 Youth Educational Services Appropriation (HB 989) The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth in Georgia. TOTAL STATE FUNDS $4,863,705 $4,863,705 $4,863,705 State General Funds $4,863,705 $4,863,705 $4,863,705 TOTAL FEDERAL FUNDS $7,803,123 $7,803,123 $7,803,123 Federal Funds Not Itemized $7,803,123 $7,803,123 $7,803,123 TOTAL PUBLIC FUNDS $12,666,828 $12,666,828 $12,666,828 Section 19: Driver Services, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 640 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 Customer Service Support Continuation Budget The purpose is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $9,156,848 $9,156,848 $9,156,848 State General Funds $9,156,848 $9,156,848 $9,156,848 TOTAL AGENCY FUNDS $857 $857 $857 Sales and Services $857 $857 $857 Sales and Services Not Itemized $857 $857 $857 TOTAL PUBLIC FUNDS $9,157,705 $9,157,705 $9,157,705 101.0 Customer Service Support Appropriation (HB 989) The purpose is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $9,156,848 $9,156,848 $9,156,848 State General Funds $9,156,848 $9,156,848 $9,156,848 TOTAL AGENCY FUNDS $857 $857 $857 Sales and Services $857 $857 $857 Sales and Services Not Itemized $857 $857 $857 TOTAL PUBLIC FUNDS $9,157,705 $9,157,705 $9,157,705 License Issuance Continuation Budget The purpose is for the issuance of Georgia drivers license renewals through alternative methods. TOTAL STATE FUNDS $47,881,921 $47,881,921 State General Funds $47,881,921 $47,881,921 TOTAL AGENCY FUNDS $205,251 $205,251 Sales and Services $205,251 $205,251 Sales and Services Not Itemized $205,251 $205,251 TOTAL PUBLIC FUNDS $48,087,172 $48,087,172 $47,881,921 $47,881,921 $205,251 $205,251 $205,251 $48,087,172 THURSDAY, FEBRUARY 21, 2008 641 102.0 License Issuance Appropriation (HB 989) The purpose is for the issuance of Georgia drivers license renewals through alternative methods. TOTAL STATE FUNDS $47,881,921 $47,881,921 $47,881,921 State General Funds $47,881,921 $47,881,921 $47,881,921 TOTAL AGENCY FUNDS $205,251 $205,251 $205,251 Sales and Services $205,251 $205,251 $205,251 Sales and Services Not Itemized $205,251 $205,251 $205,251 TOTAL PUBLIC FUNDS $48,087,172 $48,087,172 $48,087,172 Regulatory Compliance Continuation Budget 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 $4,381,240 $4,381,240 $4,381,240 State General Funds $4,381,240 $4,381,240 $4,381,240 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 $4,896,588 $4,896,588 $4,896,588 103.0 Regulatory Compliance Appropriation (HB 989) 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 $4,381,240 $4,381,240 $4,381,240 State General Funds $4,381,240 $4,381,240 $4,381,240 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 $4,896,588 $4,896,588 $4,896,588 Section 20: Early Care and Learning, Department of TOTAL STATE FUNDS State General Funds Lottery Proceeds Section Total - Continuation $329,443,829 $4,586,483 $324,857,346 $329,443,829 $4,586,483 $324,857,346 $329,443,829 $4,586,483 $324,857,346 642 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS $121,706,679 $121,706,679 $23,252,809 $23,252,809 $98,453,870 $98,453,870 $155,000 $155,000 $155,000 $155,000 $451,305,508 $451,305,508 Section Total - Final $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 $98,453,870 $155,000 $155,000 $451,305,508 $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 $98,453,870 $155,000 $155,000 $451,305,508 $121,706,679 $23,252,809 $98,453,870 $155,000 $155,000 $451,305,508 $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 $98,453,870 $155,000 $155,000 $451,305,508 Child Care Services Continuation Budget 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 $4,586,483 $4,586,483 $4,586,483 State General Funds $4,586,483 $4,586,483 $4,586,483 TOTAL FEDERAL FUNDS $3,668,710 $3,668,710 $3,668,710 Child Care & Development Block Grant CFDA93.575 $3,668,710 $3,668,710 $3,668,710 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 $8,410,193 $8,410,193 $8,410,193 104.0 Child Care Services Appropriation (HB 989) 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 $4,586,483 $4,586,483 $4,586,483 State General Funds $4,586,483 $4,586,483 $4,586,483 THURSDAY, FEBRUARY 21, 2008 643 TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,668,710 $3,668,710 $155,000 $155,000 $155,000 $8,410,193 $3,668,710 $3,668,710 $155,000 $155,000 $155,000 $8,410,193 $3,668,710 $3,668,710 $155,000 $155,000 $155,000 $8,410,193 Nutrition Continuation Budget The purpose of this appropriation is to ensure that eligible children and adults receive USDA compliant meals. TOTAL STATE FUNDS $0 $0 $0 TOTAL FEDERAL FUNDS $98,000,000 $98,000,000 $98,000,000 Federal Funds Not Itemized $98,000,000 $98,000,000 $98,000,000 TOTAL PUBLIC FUNDS $98,000,000 $98,000,000 $98,000,000 105.0 Nutrition Appropriation (HB 989) The purpose of this appropriation is to ensure that eligible children and adults receive USDA compliant meals. TOTAL FEDERAL FUNDS $98,000,000 $98,000,000 $98,000,000 Federal Funds Not Itemized $98,000,000 $98,000,000 $98,000,000 TOTAL PUBLIC FUNDS $98,000,000 $98,000,000 $98,000,000 Pre-Kindergarten Program Continuation Budget 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. This appropriation shall provide funds for no more than 77,775 Pre-K slots. TOTAL STATE FUNDS $324,857,346 $324,857,346 $324,857,346 State General Funds $0 $0 $0 Lottery Proceeds $324,857,346 $324,857,346 $324,857,346 TOTAL FEDERAL FUNDS $667,823 $667,823 $667,823 Child Care & Development Block Grant CFDA93.575 $213,953 $213,953 $213,953 Federal Funds Not Itemized $453,870 $453,870 $453,870 TOTAL PUBLIC FUNDS $325,525,169 $325,525,169 $325,525,169 106.99 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, provided that lottery revenues are sufficient to cover current year expenditures. House: The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre-K programs 644 JOURNAL OF THE SENATE operated by public and private providers throughout the state. Governor: 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. State General Funds $0 $0 $0 106.0 Pre-Kindergarten Program Appropriation (HB 989) 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, provided that lottery revenues are sufficient to cover current year expenditures. TOTAL STATE FUNDS $324,857,346 $324,857,346 $324,857,346 Lottery Proceeds $324,857,346 $324,857,346 $324,857,346 TOTAL FEDERAL FUNDS $667,823 $667,823 $667,823 Child Care & Development Block Grant CFDA93.575 $213,953 $213,953 $213,953 Federal Funds Not Itemized $453,870 $453,870 $453,870 TOTAL PUBLIC FUNDS $325,525,169 $325,525,169 $325,525,169 Quality Initiatives Continuation Budget 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 STATE FUNDS $0 $0 $0 TOTAL FEDERAL FUNDS $19,370,146 $19,370,146 $19,370,146 Child Care & Development Block Grant CFDA93.575 $19,370,146 $19,370,146 $19,370,146 TOTAL PUBLIC FUNDS $19,370,146 $19,370,146 $19,370,146 107.0 Quality Initiatives Appropriation (HB 989) 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 $19,370,146 $19,370,146 $19,370,146 Child Care & Development Block Grant CFDA93.575 $19,370,146 $19,370,146 $19,370,146 TOTAL PUBLIC FUNDS $19,370,146 $19,370,146 $19,370,146 Section 21: Economic Development, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Section Total - Continuation $49,522,812 $49,522,812 $20,244 $49,522,812 $49,522,812 $20,244 $49,522,812 $49,522,812 $20,244 THURSDAY, FEBRUARY 21, 2008 645 Contributions, Donations, and Forfeitures TOTAL PUBLIC FUNDS $20,244 $49,543,056 $20,244 $49,543,056 $20,244 $49,543,056 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TOTAL PUBLIC FUNDS Section Total - Final $49,522,812 $49,522,812 $20,244 $20,244 $49,543,056 $44,707,812 $44,707,812 $20,244 $20,244 $44,728,056 $47,022,812 $47,022,812 $20,244 $20,244 $47,043,056 Business Recruitment and Expansion Continuation Budget 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 $13,403,644 $13,403,644 $13,403,644 State General Funds $13,403,644 $13,403,644 $13,403,644 TOTAL PUBLIC FUNDS $13,403,644 $13,403,644 $13,403,644 108.1 Reduce one-time funds received by the City of Gainesville for the Georgia Mountain Center parking deck demolition and renovation. State General Funds ($2,000,000) ($2,000,000) 108.0 Business Recruitment and Expansion Appropriation (HB 989) 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 $13,403,644 $11,403,644 $11,403,644 State General Funds $13,403,644 $11,403,644 $11,403,644 TOTAL PUBLIC FUNDS $13,403,644 $11,403,644 $11,403,644 Departmental Administration Continuation Budget 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 $6,626,634 $6,626,634 $6,626,634 State General Funds $6,626,634 $6,626,634 $6,626,634 TOTAL PUBLIC FUNDS $6,626,634 $6,626,634 $6,626,634 646 JOURNAL OF THE SENATE 109.0 Departmental Administration Appropriation (HB 989) 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 $6,626,634 $6,626,634 $6,626,634 State General Funds $6,626,634 $6,626,634 $6,626,634 TOTAL PUBLIC FUNDS $6,626,634 $6,626,634 $6,626,634 Film, Video, and Music Continuation Budget 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 $1,209,137 $1,209,137 $1,209,137 State General Funds $1,209,137 $1,209,137 $1,209,137 TOTAL PUBLIC FUNDS $1,209,137 $1,209,137 $1,209,137 110.0 Film, Video, and Music Appropriation (HB 989) 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 $1,209,137 $1,209,137 $1,209,137 State General Funds $1,209,137 $1,209,137 $1,209,137 TOTAL PUBLIC FUNDS $1,209,137 $1,209,137 $1,209,137 International Relations and Trade Continuation Budget 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 $2,358,416 $2,358,416 $2,358,416 State General Funds $2,358,416 $2,358,416 $2,358,416 TOTAL PUBLIC FUNDS $2,358,416 $2,358,416 $2,358,416 111.1 Increase funds for international business outreach. State General Funds $2,000,000 111.0 International Relations and Trade Appropriation (HB 989) 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 $2,358,416 $2,358,416 $4,358,416 State General Funds $2,358,416 $2,358,416 $4,358,416 THURSDAY, FEBRUARY 21, 2008 647 TOTAL PUBLIC FUNDS $2,358,416 $2,358,416 $4,358,416 Innovation and Technology Continuation Budget 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 $1,710,270 $1,710,270 $1,710,270 State General Funds $1,710,270 $1,710,270 $1,710,270 TOTAL PUBLIC FUNDS $1,710,270 $1,710,270 $1,710,270 112.0 Innovation and Technology Appropriation (HB 989) 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 $1,710,270 $1,710,270 $1,710,270 State General Funds $1,710,270 $1,710,270 $1,710,270 TOTAL PUBLIC FUNDS $1,710,270 $1,710,270 $1,710,270 Small and Minority Business Development Continuation Budget 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 $942,780 $942,780 $942,780 State General Funds $942,780 $942,780 $942,780 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 $963,024 $963,024 $963,024 113.0 Small and Minority Business Development Appropriation (HB 989) 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 $942,780 $942,780 $942,780 State General Funds $942,780 $942,780 $942,780 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 $963,024 $963,024 $963,024 648 JOURNAL OF THE SENATE Tourism Continuation Budget The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. TOTAL STATE FUNDS $21,129,409 $21,129,409 $21,129,409 State General Funds $21,129,409 $21,129,409 $21,129,409 TOTAL PUBLIC FUNDS $21,129,409 $21,129,409 $21,129,409 114.1 Reduce one-time funds received for the Cobb Energy Performing Arts Center. State General Funds ($2,500,000) ($2,500,000) 114.2 Reduce one-time funds received for Civil War commemoration preparation and Resaca Battlefield development. State General Funds ($315,000) $0 114.0 Tourism Appropriation (HB 989) The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. TOTAL STATE FUNDS $21,129,409 $18,314,409 $18,629,409 State General Funds $21,129,409 $18,314,409 $18,629,409 TOTAL PUBLIC FUNDS $21,129,409 $18,314,409 $18,629,409 Payments to Aviation Hall of Fame Continuation Budget The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame. 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 $50,000 115.0 Payments to Aviation Hall of Fame Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame. 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 Georgia Medical Center Authority Continuation Budget The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority. TOTAL STATE FUNDS $408,712 $408,712 $408,712 State General Funds $408,712 $408,712 $408,712 TOTAL PUBLIC FUNDS $408,712 $408,712 $408,712 THURSDAY, FEBRUARY 21, 2008 649 117.0 Payments to Georgia Medical Center Authority Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority. TOTAL STATE FUNDS $408,712 $408,712 $408,712 State General Funds $408,712 $408,712 $408,712 TOTAL PUBLIC FUNDS $408,712 $408,712 $408,712 Payments to Georgia Music Hall of Fame Authority Continuation Budget The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame. TOTAL STATE FUNDS $840,466 $840,466 $840,466 State General Funds $840,466 $840,466 $840,466 TOTAL PUBLIC FUNDS $840,466 $840,466 $840,466 118.0 Payments to Georgia Music Hall of Fame Authority Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame. TOTAL STATE FUNDS $840,466 $840,466 $840,466 State General Funds $840,466 $840,466 $840,466 TOTAL PUBLIC FUNDS $840,466 $840,466 $840,466 Payments to Georgia Sports Hall of Fame Authority Continuation Budget The purpose of this appropriation is to provide operating funds for the Georgia Sports Hall of Fame. TOTAL STATE FUNDS $793,344 $793,344 $793,344 State General Funds $793,344 $793,344 $793,344 TOTAL PUBLIC FUNDS $793,344 $793,344 $793,344 119.0 Payments to Georgia Sports Hall of Fame Authority Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for the Georgia Sports Hall of Fame. TOTAL STATE FUNDS $793,344 $793,344 $793,344 State General Funds $793,344 $793,344 $793,344 TOTAL PUBLIC FUNDS $793,344 $793,344 $793,344 Civil War Commission Continuation Budget 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 $50,000 650 JOURNAL OF THE SENATE State General Funds $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 120.0 Civil War Commission Appropriation (HB 989) 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 $50,000 State General Funds $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 Section 22: Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services Section Total - Continuation $7,806,980,808 $7,806,980,808 $7,806,980,808 $7,806,980,808 $1,121,650,747 $1,121,650,747 $1,121,650,747 $1,121,650,747 $12,391,307 $12,391,307 $3,489,938 $3,489,938 $2,344,991 $2,344,991 $6,299,351 $6,299,351 $257,027 $257,027 $8,941,022,862 $8,941,022,862 Section Total - Final $7,806,980,808 $7,806,980,808 $1,121,650,747 $1,121,650,747 $12,391,307 $3,489,938 $2,344,991 $6,299,351 $257,027 $8,941,022,862 $7,995,385,224 $7,806,980,808 $188,404,416 $1,121,650,747 $1,121,650,747 $12,391,307 $3,489,938 $2,344,991 $6,299,351 $257,027 $8,001,197,390 $7,812,792,974 $188,404,416 $1,121,650,747 $1,121,650,747 $12,391,307 $3,489,938 $2,344,991 $6,299,351 $257,027 $7,928,080,003 $7,739,675,587 $188,404,416 $1,121,650,747 $1,121,650,747 $12,391,307 $3,489,938 $2,344,991 $6,299,351 $257,027 THURSDAY, FEBRUARY 21, 2008 651 TOTAL PUBLIC FUNDS $9,129,427,278 $9,135,239,444 $9,062,122,057 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 $5,705,944 $5,705,944 $5,705,944 State General Funds $5,705,944 $5,705,944 $5,705,944 TOTAL PUBLIC FUNDS $5,705,944 $5,705,944 $5,705,944 121.1 Reduce funds based on projected expenditures for nineteen academic coaches. State General Funds ($1,111,752) ($1,111,752) 121.0 Academic Coach Program Appropriation (HB 989) 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 $5,705,944 $4,594,192 $4,594,192 State General Funds $5,705,944 $4,594,192 $4,594,192 TOTAL PUBLIC FUNDS $5,705,944 $4,594,192 $4,594,192 Agricultural Education Continuation Budget 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 $9,568,762 $9,568,762 $9,568,762 State General Funds $9,568,762 $9,568,762 $9,568,762 TOTAL FEDERAL FUNDS $126,577 $126,577 $126,577 Federal Funds Not Itemized $126,577 $126,577 $126,577 TOTAL AGENCY FUNDS $450,000 $450,000 $450,000 Intergovernmental Transfers $450,000 $450,000 $450,000 Intergovernmental Transfers Not Itemized $450,000 $450,000 $450,000 TOTAL PUBLIC FUNDS $10,145,339 $10,145,339 $10,145,339 122.0 Agricultural Education Appropriation (HB 989) 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 $9,568,762 $9,568,762 $9,568,762 State General Funds $9,568,762 $9,568,762 $9,568,762 652 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $126,577 $126,577 $450,000 $450,000 $450,000 $10,145,339 $126,577 $126,577 $450,000 $450,000 $450,000 $10,145,339 $126,577 $126,577 $450,000 $450,000 $450,000 $10,145,339 Central Office Continuation Budget The purpose of this appropriation is to act as a service oriented agency supporting local school districts. TOTAL STATE FUNDS $41,552,152 $41,552,152 $41,552,152 State General Funds $41,552,152 $41,552,152 $41,552,152 TOTAL FEDERAL FUNDS $38,180,833 $38,180,833 $38,180,833 Federal Funds Not Itemized $38,180,833 $38,180,833 $38,180,833 TOTAL AGENCY FUNDS $6,899,025 $6,899,025 $6,899,025 Contributions, Donations, and Forfeitures $3,389,938 $3,389,938 $3,389,938 Contributions, Donations, and Forfeitures Not Itemized $3,389,938 $3,389,938 $3,389,938 Reserved Fund Balances $2,344,991 $2,344,991 $2,344,991 Reserved Fund Balances Not Itemized $2,344,991 $2,344,991 $2,344,991 Intergovernmental Transfers $1,011,224 $1,011,224 $1,011,224 Intergovernmental Transfers Not Itemized $1,011,224 $1,011,224 $1,011,224 Sales and Services $152,872 $152,872 $152,872 Sales and Services Not Itemized $152,872 $152,872 $152,872 TOTAL PUBLIC FUNDS $86,632,010 $86,632,010 $86,632,010 123.1 Transfer funds from teacher liability premiums to the Georgia Virtual School program. State General Funds ($300,000) ($300,000) ($300,000) 123.0 Central Office Appropriation (HB 989) The purpose of this appropriation is to act as a service oriented agency supporting local school districts. TOTAL STATE FUNDS $41,252,152 $41,252,152 $41,252,152 State General Funds $41,252,152 $41,252,152 $41,252,152 TOTAL FEDERAL FUNDS $38,180,833 $38,180,833 $38,180,833 Federal Funds Not Itemized $38,180,833 $38,180,833 $38,180,833 TOTAL AGENCY FUNDS $6,899,025 $6,899,025 $6,899,025 Contributions, Donations, and Forfeitures $3,389,938 $3,389,938 $3,389,938 THURSDAY, FEBRUARY 21, 2008 653 Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,389,938 $2,344,991 $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 $86,332,010 $3,389,938 $2,344,991 $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 $86,332,010 $3,389,938 $2,344,991 $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 $86,332,010 Charter Schools Continuation Budget The purpose of this appropriation is to support and encourage development and approval of charter public schools as one part of Georgia's overall school improvement strategy, provided that at least $600,000 of this appropriation is designated to fund facilities for State Chartered Special Schools and $625,000 is designated for implementation grants for Charter Systems. TOTAL STATE FUNDS $3,220,193 $3,220,193 $3,220,193 State General Funds $3,220,193 $3,220,193 $3,220,193 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 $9,949,904 $9,949,904 $9,949,904 124.1 Increase funds for an additional 2,265 students at the state's virtual charter school. (H and S:Provide full funding for the virtual charter school in the QBE program) Revenue Shortfall Reserve for K-12 Needs $6,373,221 $0 $0 124.99 SAC: The purpose of this appropriation is to support and encourage development and approval of charter public schools, to include state charter schools, as one part of Georgia's overall school improvement strategy. House: The purpose of this appropriation is to support and encourage development and approval of charter public schools as one part of Georgia's overall school improvement strategy. Governor: The purpose of this appropriation is to support and encourage development and approval of charter public schools as one part of Georgia's overall school improvement strategy. State General Funds $0 $0 $0 124.0 Charter Schools Appropriation (HB 989) The purpose of this appropriation is to support and encourage development and approval of charter public schools, to include state charter schools, as one part of Georgia's overall school improvement strategy. TOTAL STATE FUNDS $9,593,414 $3,220,193 $3,220,193 State General Funds $3,220,193 $3,220,193 $3,220,193 654 JOURNAL OF THE SENATE Revenue Shortfall Reserve for K-12 Needs TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $6,373,221 $6,729,711 $6,729,711 $16,323,125 $6,729,711 $6,729,711 $9,949,904 $6,729,711 $6,729,711 $9,949,904 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 $2,445,623 $2,445,623 $2,445,623 State General Funds $2,445,623 $2,445,623 $2,445,623 TOTAL PUBLIC FUNDS $2,445,623 $2,445,623 $2,445,623 125.0 Communities in Schools Appropriation (HB 989) 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 $2,445,623 $2,445,623 $2,445,623 State General Funds $2,445,623 $2,445,623 $2,445,623 TOTAL PUBLIC FUNDS $2,445,623 $2,445,623 $2,445,623 Curriculum Development Continuation Budget 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 $2,274,833 $2,274,833 $2,274,833 State General Funds $2,274,833 $2,274,833 $2,274,833 TOTAL PUBLIC FUNDS $2,274,833 $2,274,833 $2,274,833 126.0 Curriculum Development Appropriation (HB 989) 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 $2,274,833 $2,274,833 $2,274,833 State General Funds $2,274,833 $2,274,833 $2,274,833 TOTAL PUBLIC FUNDS $2,274,833 $2,274,833 $2,274,833 Dropout Prevention Continuation Budget The purpose of this appropriation is to reduce dropout rates for Georgia students. THURSDAY, FEBRUARY 21, 2008 655 TOTAL STATE FUNDS $45,452,845 $45,452,845 $45,452,845 State General Funds $45,452,845 $45,452,845 $45,452,845 TOTAL PUBLIC FUNDS $45,452,845 $45,452,845 $45,452,845 127.0 Dropout Prevention Appropriation (HB 989) The purpose of this appropriation is to reduce dropout rates for Georgia students. TOTAL STATE FUNDS $45,452,845 $45,452,845 $45,452,845 State General Funds $45,452,845 $45,452,845 $45,452,845 TOTAL PUBLIC FUNDS $45,452,845 $45,452,845 $45,452,845 Federal Programs Continuation Budget The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems. 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 $817,561,039 128.0 Federal Programs Appropriation (HB 989) The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems. 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 Foreign Language Continuation Budget The purpose of this appropriation is to provide funds to 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 $1,590,857 129.1 Reduce funds received for foreign language media materials for elementary school students statewide. Direct the Department to develop a statewide strategy for achieving student mastery of foreign languages in early grades. Such strategy should include an examination of the impact of moving foreign language teachers from high schools to elementary schools. State General Funds ($1,590,857) 129.0 Foreign Language Appropriation (HB 989) The purpose of this appropriation is to provide funds to schools for foreign language instruction. 656 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,590,857 $1,590,857 $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 STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL FEDERAL FUNDS $7,367,573 $7,367,573 $7,367,573 Federal Funds Not Itemized $7,367,573 $7,367,573 $7,367,573 TOTAL PUBLIC FUNDS $7,367,573 $7,367,573 $7,367,573 131.0 Georgia Learning Resources System Appropriation (HB 989) 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 $7,367,573 $7,367,573 $7,367,573 Federal Funds Not Itemized $7,367,573 $7,367,573 $7,367,573 TOTAL PUBLIC FUNDS $7,367,573 $7,367,573 $7,367,573 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 $2,198,878 $2,198,878 $2,198,878 State General Funds $2,198,878 $2,198,878 $2,198,878 TOTAL PUBLIC FUNDS $2,198,878 $2,198,878 $2,198,878 132.1 Transfer funds from the Central Office and Non Quality Basic Education Formula Grants programs, and increase funds to provide a total of 5,000 courses. (H and S:Increase funds for an additional 1,165 slots based on actual enrollment) State General Funds $630,000 $630,000 $630,000 Revenue Shortfall Reserve for K-12 Needs $271,746 $994,745 $994,745 TOTAL PUBLIC FUNDS $901,746 $1,624,745 $1,624,745 132.0 Georgia Virtual School Appropriation (HB 989) 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 $3,100,624 $3,823,623 $3,823,623 THURSDAY, FEBRUARY 21, 2008 657 State General Funds Revenue Shortfall Reserve for K-12 Needs TOTAL PUBLIC FUNDS $2,828,878 $271,746 $3,100,624 $2,828,878 $994,745 $3,823,623 $2,828,878 $994,745 $3,823,623 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 $500,000 $500,000 $500,000 State General Funds $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $500,000 $500,000 $500,000 133.0 Georgia Youth Science and Technology Appropriation (HB 989) 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 $500,000 $500,000 $500,000 State General Funds $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $500,000 $500,000 $500,000 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 $1,430,824 $1,430,824 $1,430,824 State General Funds $1,430,824 $1,430,824 $1,430,824 TOTAL PUBLIC FUNDS $1,430,824 $1,430,824 $1,430,824 134.0 Governor's Honors Program Appropriation (HB 989) 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 $1,430,824 $1,430,824 $1,430,824 State General Funds $1,430,824 $1,430,824 $1,430,824 TOTAL PUBLIC FUNDS $1,430,824 $1,430,824 $1,430,824 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. 658 JOURNAL OF THE SENATE TOTAL STATE FUNDS $7,417,319 $7,417,319 $7,417,319 State General Funds $7,417,319 $7,417,319 $7,417,319 TOTAL PUBLIC FUNDS $7,417,319 $7,417,319 $7,417,319 135.0 Information Technology Services Appropriation (HB 989) 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 $7,417,319 $7,417,319 $7,417,319 State General Funds $7,417,319 $7,417,319 $7,417,319 TOTAL PUBLIC FUNDS $7,417,319 $7,417,319 $7,417,319 National Board Certification Continuation Budget 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). TOTAL STATE FUNDS $12,294,628 $12,294,628 $12,294,628 State General Funds $12,294,628 $12,294,628 $12,294,628 TOTAL PUBLIC FUNDS $12,294,628 $12,294,628 $12,294,628 136.1 Increase funds to provide a 10% salary increase for new teachers achieving National Board Certification. Revenue Shortfall Reserve for K-12 Needs $1,137,180 $1,137,180 $1,137,180 136.0 National Board Certification Appropriation (HB 989) 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). TOTAL STATE FUNDS $13,431,808 $13,431,808 $13,431,808 State General Funds $12,294,628 $12,294,628 $12,294,628 Revenue Shortfall Reserve for K-12 Needs $1,137,180 $1,137,180 $1,137,180 TOTAL PUBLIC FUNDS $13,431,808 $13,431,808 $13,431,808 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 THURSDAY, FEBRUARY 21, 2008 659 137.0 National Science Center and Foundation Appropriation (HB 989) 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 Non Quality Basic Education Formula Grants Continuation Budget The purpose of this appropriation is to provide grants for purchasing cards for classroom supplies, to fund children in residential education facilities, to compensate high performance principals, to fund migrant education, sparsity, and low incidence special education, and provide grants for one-time projects for local education boards. TOTAL STATE FUNDS $25,638,421 $25,638,421 $25,638,421 State General Funds $25,638,421 $25,638,421 $25,638,421 TOTAL PUBLIC FUNDS $25,638,421 $25,638,421 $25,638,421 138.1 Transfer funds from High Performance Principals to the Georgia Virtual School program. State General Funds ($330,000) ($330,000) ($330,000) 138.2 Increase funds to provide an additional $25.11 per full-time equivalent (FTE) for equipment and technology infrastructure upgrades. (S:Move funds to the Quality Basic Education (QBE) Program) Revenue Shortfall Reserve for K-12 Needs $40,817,363 $40,817,363 $0 138.3 Reduce funds from classroom cards based on actual expenditures. State General Funds ($348,747) ($348,747) 138.99 SAC: The purpose of this appropriation is to provide grants for purchasing cards for classroom supplies, to fund children in residential education facilities, to compensate high performance principals, to fund migrant education, sparsity, and low incidence special education, and to provide grants for one-time projects for local education boards. House: The purpose of this appropriation is to assure that sufficient funds are provided in order for the state's public school students to receive an effective education. Governor: The purpose of this appropriation is to assure that sufficient funds are provided in order for the state's public school students to receive an effective education. State General Funds $0 $0 $0 138.0 Non Quality Basic Education Formula Grants Appropriation (HB 989) The purpose of this appropriation is to provide grants for purchasing cards for classroom supplies, to fund children in residential education facilities, to compensate high performance principals, to fund migrant education, sparsity, and low incidence special education, and to provide grants for one-time projects for local education boards. 660 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs TOTAL PUBLIC FUNDS $66,125,784 $25,308,421 $40,817,363 $66,125,784 $65,777,037 $24,959,674 $40,817,363 $65,777,037 $24,959,674 $24,959,674 $24,959,674 Nutrition Continuation Budget 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 $38,744,387 $38,744,387 $38,744,387 State General Funds $38,744,387 $38,744,387 $38,744,387 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 $227,120,109 $227,120,109 $227,120,109 139.0 Nutrition Appropriation (HB 989) 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 $38,744,387 $38,744,387 $38,744,387 State General Funds $38,744,387 $38,744,387 $38,744,387 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 $227,120,109 $227,120,109 $227,120,109 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 $29,135,155 $29,135,155 $29,135,155 State General Funds $29,135,155 $29,135,155 $29,135,155 TOTAL PUBLIC FUNDS $29,135,155 $29,135,155 $29,135,155 140.0 Preschool Handicapped Appropriation (HB 989) 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 $29,135,155 $29,135,155 $29,135,155 State General Funds $29,135,155 $29,135,155 $29,135,155 TOTAL PUBLIC FUNDS $29,135,155 $29,135,155 $29,135,155 THURSDAY, FEBRUARY 21, 2008 661 Pupil Transportation Continuation Budget 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 $168,868,769 $168,868,769 $168,868,769 State General Funds $168,868,769 $168,868,769 $168,868,769 TOTAL PUBLIC FUNDS $168,868,769 $168,868,769 $168,868,769 142.1 Increase funds to purchase 557 school buses. (H:Fund 500 buses at $50,000 per bus in bonds)(S:Move funds to the Quality Basic Education (QBE) Program) Revenue Shortfall Reserve for K-12 Needs $25,000,000 $0 $0 142.0 Pupil Transportation Appropriation (HB 989) 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 $193,868,769 $168,868,769 $168,868,769 State General Funds $168,868,769 $168,868,769 $168,868,769 Revenue Shortfall Reserve for K-12 Needs $25,000,000 TOTAL PUBLIC FUNDS $193,868,769 $168,868,769 $168,868,769 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 $458,323,816 $458,323,816 $458,323,816 State General Funds $458,323,816 $458,323,816 $458,323,816 TOTAL PUBLIC FUNDS $458,323,816 $458,323,816 $458,323,816 143.1 Increase funds for the mid-term adjustment. Revenue Shortfall Reserve for K-12 Needs $7,455,432 $7,455,432 $7,455,432 143.2 Increase funds for a supplemental equalization grant to narrow the gap (per pupil and spending) between school systems to avoid a funding shortfall in FY09 and ensure compliance with O.C.G.A. 20-2-165. (S:Move $23,436,502 to the Quality Basic Education (QBE) Program and $7,272,665 to offset debt service requirements for the purpose of reducing the QBE austerity reduction in FY09) State General Funds $7,272,665 $0 Revenue Shortfall Reserve for K-12 Needs $23,436,502 $0 TOTAL PUBLIC FUNDS $30,709,167 $0 662 JOURNAL OF THE SENATE 143.0 Quality Basic Education Equalization Appropriation (HB 989) 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 $465,779,248 $496,488,415 $465,779,248 State General Funds $458,323,816 $465,596,481 $458,323,816 Revenue Shortfall Reserve for K-12 Needs $7,455,432 $30,891,934 $7,455,432 TOTAL PUBLIC FUNDS $465,779,248 $496,488,415 $465,779,248 Quality Basic Education Local Five Mill Share Continuation Budget 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 ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) State General Funds ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) TOTAL PUBLIC FUNDS ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) 144.1 Increase funds for school systems with declining tax digests. Revenue Shortfall Reserve for K-12 Needs $578,941 $578,941 $578,941 144.0 Quality Basic Education Local Five Mill Share Appropriation (HB 989) 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 ($1,542,897,546) ($1,542,897,546) ($1,542,897,546) State General Funds ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) Revenue Shortfall Reserve for K-12 Needs $578,941 $578,941 $578,941 TOTAL PUBLIC FUNDS ($1,542,897,546) ($1,542,897,546) ($1,542,897,546) Quality Basic Education Program Continuation Budget 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 $8,017,517,757 $8,017,517,757 $8,017,517,757 State General Funds $8,017,517,757 $8,017,517,757 $8,017,517,757 TOTAL PUBLIC FUNDS $8,017,517,757 $8,017,517,757 $8,017,517,757 145.1 Increase funds for the mid-term adjustment to account for an enrollment growth of 1.09%. (H:Recognize 2,265 virtual charter school students within the QBE formula and increase funds for the mid-term adjustment to account for an enrollment growth of 1.23%)(S:Recognize 2,265 virtual charter school students within the QBE formula and increase funds for the mid-term adjustment to account for an enrollment growth of 1.23%, and move state general funds to offset debt service requirements for the purpose of reducing the QBE austerity reduction in FY09) THURSDAY, FEBRUARY 21, 2008 663 State General Funds ($64,253,865) Revenue Shortfall Reserve for K-12 Needs $104,507,058 $111,720,778 $175,974,643 TOTAL PUBLIC FUNDS $111,720,778 145.0 Quality Basic Education Program Appropriation (HB 989) 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 $8,122,024,815 $8,129,238,535 $8,129,238,535 State General Funds $8,017,517,757 $8,017,517,757 $7,953,263,892 Revenue Shortfall Reserve for K-12 Needs $104,507,058 $111,720,778 $175,974,643 TOTAL PUBLIC FUNDS $8,122,024,815 $8,129,238,535 $8,129,238,535 Regional Education Service Agencies Continuation Budget 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 $12,458,083 $12,458,083 $12,458,083 State General Funds $12,458,083 $12,458,083 $12,458,083 TOTAL PUBLIC FUNDS $12,458,083 $12,458,083 $12,458,083 146.0 Regional Education Service Agencies Appropriation (HB 989) 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 $12,458,083 $12,458,083 $12,458,083 State General Funds $12,458,083 $12,458,083 $12,458,083 TOTAL PUBLIC FUNDS $12,458,083 $12,458,083 $12,458,083 School Improvement Continuation Budget 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 $11,212,332 $11,212,332 $11,212,332 State General Funds $11,212,332 $11,212,332 $11,212,332 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 $100,000 664 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $11,312,332 $11,312,332 $11,312,332 147.0 School Improvement Appropriation (HB 989) 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 $11,212,332 $11,212,332 $11,212,332 State General Funds $11,212,332 $11,212,332 $11,212,332 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 $11,312,332 $11,312,332 $11,312,332 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 $30,000,000 $30,000,000 $30,000,000 State General Funds $30,000,000 $30,000,000 $30,000,000 TOTAL PUBLIC FUNDS $30,000,000 $30,000,000 $30,000,000 148.0 School Nurses Appropriation (HB 989) 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 State General Funds $30,000,000 $30,000,000 $30,000,000 TOTAL PUBLIC FUNDS $30,000,000 $30,000,000 $30,000,000 Severely Emotionally Disturbed Continuation Budget The purpose of this appropriation is to provide statewide services to parents and educators of students with disabilities. TOTAL STATE FUNDS $67,834,466 $67,834,466 $67,834,466 State General Funds $67,834,466 $67,834,466 $67,834,466 TOTAL FEDERAL FUNDS $13,359,858 $13,359,858 $13,359,858 Federal Funds Not Itemized $13,359,858 $13,359,858 $13,359,858 TOTAL PUBLIC FUNDS $81,194,324 $81,194,324 $81,194,324 149.1 Increase funds for statewide budget expenses for state-funded positions. THURSDAY, FEBRUARY 21, 2008 665 Revenue Shortfall Reserve for K-12 Needs $1,481,581 $1,481,581 $1,481,581 149.0 Severely Emotionally Disturbed Appropriation (HB 989) The purpose of this appropriation is to provide statewide services to parents and educators of students with disabilities. TOTAL STATE FUNDS $69,316,047 $69,316,047 $69,316,047 State General Funds $67,834,466 $67,834,466 $67,834,466 Revenue Shortfall Reserve for K-12 Needs $1,481,581 $1,481,581 $1,481,581 TOTAL FEDERAL FUNDS $13,359,858 $13,359,858 $13,359,858 Federal Funds Not Itemized $13,359,858 $13,359,858 $13,359,858 TOTAL PUBLIC FUNDS $82,675,905 $82,675,905 $82,675,905 State Interagency Transfers Continuation Budget 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 $288,275,151 $288,275,151 $288,275,151 State General Funds $288,275,151 $288,275,151 $288,275,151 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 $307,163,848 $307,163,848 $307,163,848 150.0 State Interagency Transfers Appropriation (HB 989) 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 $288,275,151 $288,275,151 $288,275,151 State General Funds $288,275,151 $288,275,151 $288,275,151 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 $307,163,848 $307,163,848 $307,163,848 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 $22,699,506 $22,699,506 $22,699,506 State General Funds $22,699,506 $22,699,506 $22,699,506 TOTAL AGENCY FUNDS $932,715 $932,715 $932,715 666 JOURNAL OF THE SENATE Intergovernmental Transfers $828,560 $828,560 $828,560 Intergovernmental Transfers Not Itemized $828,560 $828,560 $828,560 Sales and Services $104,155 $104,155 $104,155 Sales and Services Not Itemized $104,155 $104,155 $104,155 TOTAL PUBLIC FUNDS $23,632,221 $23,632,221 $23,632,221 152.0 State Schools Appropriation (HB 989) 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 $22,699,506 $22,699,506 $22,699,506 State General Funds $22,699,506 $22,699,506 $22,699,506 TOTAL AGENCY FUNDS $932,715 $932,715 $932,715 Intergovernmental Transfers $828,560 $828,560 $828,560 Intergovernmental Transfers Not Itemized $828,560 $828,560 $828,560 Sales and Services $104,155 $104,155 $104,155 Sales and Services Not Itemized $104,155 $104,155 $104,155 TOTAL PUBLIC FUNDS $23,632,221 $23,632,221 $23,632,221 Technology/Career Education Continuation Budget The purpose of this appropriation is to equip students with academic, technical and leadership skills. TOTAL STATE FUNDS $16,377,965 $16,377,965 $16,377,965 State General Funds $16,377,965 $16,377,965 $16,377,965 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 AGENCY FUNDS $4,009,567 $4,009,567 $4,009,567 Intergovernmental Transfers $4,009,567 $4,009,567 $4,009,567 Intergovernmental Transfers Not Itemized $4,009,567 $4,009,567 $4,009,567 TOTAL PUBLIC FUNDS $40,994,078 $40,994,078 $40,994,078 153.0 Technology/Career Education Appropriation (HB 989) The purpose of this appropriation is to equip students with academic, technical and leadership skills. TOTAL STATE FUNDS $16,377,965 $16,377,965 $16,377,965 State General Funds $16,377,965 $16,377,965 $16,377,965 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 THURSDAY, FEBRUARY 21, 2008 667 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $4,009,567 $4,009,567 $4,009,567 $40,994,078 $4,009,567 $4,009,567 $4,009,567 $40,994,078 $4,009,567 $4,009,567 $4,009,567 $40,994,078 Testing Continuation Budget 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 $24,643,020 $24,643,020 $24,643,020 State General Funds $24,643,020 $24,643,020 $24,643,020 TOTAL FEDERAL FUNDS $10,454,191 $10,454,191 $10,454,191 Federal Funds Not Itemized $10,454,191 $10,454,191 $10,454,191 TOTAL PUBLIC FUNDS $35,097,211 $35,097,211 $35,097,211 154.1 Increase funds for the state mandated English Language Learners Exam. Revenue Shortfall Reserve for K-12 Needs $781,894 $781,894 $781,894 154.0 Testing Appropriation (HB 989) 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 $25,424,914 $25,424,914 $25,424,914 State General Funds $24,643,020 $24,643,020 $24,643,020 Revenue Shortfall Reserve for K-12 Needs $781,894 $781,894 $781,894 TOTAL FEDERAL FUNDS $10,454,191 $10,454,191 $10,454,191 Federal Funds Not Itemized $10,454,191 $10,454,191 $10,454,191 TOTAL PUBLIC FUNDS $35,879,105 $35,879,105 $35,879,105 Tuition for Multi-Handicapped Continuation Budget 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 $1,658,859 State General Funds $1,658,859 $1,658,859 $1,658,859 TOTAL PUBLIC FUNDS $1,658,859 $1,658,859 $1,658,859 668 JOURNAL OF THE SENATE 155.0 Tuition for Multi-Handicapped Appropriation (HB 989) 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 $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 $2,643.33. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. Section 23: Employees' Retirement System of Georgia Section Total - Continuation TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $4,674,801 $4,674,801 $4,674,801 $4,674,801 $2,599,119 $2,599,119 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $17,960,151 $17,960,151 $25,234,071 $25,234,071 Section Total - Final $4,674,801 $4,674,801 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $25,234,071 TOTAL STATE FUNDS $4,556,301 $4,556,301 $4,556,301 State General Funds $4,556,301 $4,556,301 $4,556,301 TOTAL AGENCY FUNDS $2,599,119 $2,599,119 $2,599,119 Sales and Services $2,599,119 $2,599,119 $2,599,119 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $17,960,151 $17,960,151 $17,960,151 State Funds Transfers $17,960,151 $17,960,151 $17,960,151 TOTAL PUBLIC FUNDS $25,115,571 $25,115,571 $25,115,571 Deferred Compensation Continuation Budget 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 STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL AGENCY FUNDS $2,599,119 $2,599,119 $2,599,119 THURSDAY, FEBRUARY 21, 2008 669 Sales and Services $2,599,119 $2,599,119 $2,599,119 Sales and Services Not Itemized $2,599,119 $2,599,119 $2,599,119 TOTAL PUBLIC FUNDS $2,599,119 $2,599,119 $2,599,119 156.0 Deferred Compensation Appropriation (HB 989) 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 $2,599,119 $2,599,119 $2,599,119 Sales and Services $2,599,119 $2,599,119 $2,599,119 Sales and Services Not Itemized $2,599,119 $2,599,119 $2,599,119 TOTAL PUBLIC FUNDS $2,599,119 $2,599,119 $2,599,119 Georgia Military Pension Fund Continuation Budget The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard. TOTAL STATE FUNDS $1,103,073 $1,103,073 $1,103,073 State General Funds $1,103,073 $1,103,073 $1,103,073 TOTAL PUBLIC FUNDS $1,103,073 $1,103,073 $1,103,073 157.0 Georgia Military Pension Fund Appropriation (HB 989) The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard. TOTAL STATE FUNDS $1,103,073 $1,103,073 $1,103,073 State General Funds $1,103,073 $1,103,073 $1,103,073 TOTAL PUBLIC FUNDS $1,103,073 $1,103,073 $1,103,073 System Administration Continuation Budget 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. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $17,960,151 $17,960,151 $17,960,151 State Funds Transfers $17,960,151 $17,960,151 $17,960,151 Retirement Payments $17,960,151 $17,960,151 $17,960,151 TOTAL PUBLIC FUNDS $17,960,151 $17,960,151 $17,960,151 158.0 System Administration Appropriation (HB 989) The purpose of this appropriation is to collect employee and employer contributions, invest the accumulated funds, and disburse 670 JOURNAL OF THE SENATE 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. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $17,960,151 $17,960,151 $17,960,151 State Funds Transfers $17,960,151 $17,960,151 $17,960,151 Retirement Payments $17,960,151 $17,960,151 $17,960,151 TOTAL PUBLIC FUNDS $17,960,151 $17,960,151 $17,960,151 Public School Employees Retirement System Continuation Budget 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 the Public School Employees' Retirement System shall not exceed $41.80. TOTAL STATE FUNDS $3,571,728 $3,571,728 $3,571,728 State General Funds $3,571,728 $3,571,728 $3,571,728 TOTAL PUBLIC FUNDS $3,571,728 $3,571,728 $3,571,728 159.1 Reduce funds to the level required by the latest actuarial report. State General Funds ($118,500) ($118,500) ($118,500) 159.99 SAC: The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide for the timely and accurate payment of retirement benefits. House: The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide for the timely and accurate payment of retirement benefits. Governor: The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide for the timely and accurate payment of retirement benefits. State General Funds $0 $0 $0 159.0 Public School Employees Retirement System Appropriation (HB 989) The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide for the timely and accurate payment of retirement benefits. TOTAL STATE FUNDS $3,453,228 $3,453,228 $3,453,228 State General Funds $3,453,228 $3,453,228 $3,453,228 TOTAL PUBLIC FUNDS $3,453,228 $3,453,228 $3,453,228 Section 24: Forestry Commission, State TOTAL STATE FUNDS Section Total - Continuation $37,140,677 $37,140,677 $37,140,677 THURSDAY, FEBRUARY 21, 2008 671 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements 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 Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS $37,140,677 $37,140,677 $7,861,835 $7,861,835 $7,861,835 $7,861,835 $5,668,070 $5,668,070 $125,000 $125,000 $13,000 $13,000 $5,530,070 $5,530,070 $50,670,582 $50,670,582 Section Total - Final $37,140,677 $37,140,677 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $50,670,582 $37,290,677 $37,290,677 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $50,820,582 $37,140,677 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $50,670,582 $37,290,677 $37,290,677 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $50,820,582 Commission Administration Continuation Budget 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 $4,540,066 $4,540,066 $4,540,066 State General Funds $4,540,066 $4,540,066 $4,540,066 TOTAL AGENCY FUNDS $4,872 $4,872 $4,872 Sales and Services $4,872 $4,872 $4,872 Sales and Services Not Itemized $4,872 $4,872 $4,872 TOTAL PUBLIC FUNDS $4,544,938 $4,544,938 $4,544,938 160.0 Commission Administration Appropriation (HB 989) 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 $4,540,066 $4,540,066 $4,540,066 State General Funds $4,540,066 $4,540,066 $4,540,066 672 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,872 $4,872 $4,872 $4,544,938 $4,872 $4,872 $4,872 $4,544,938 $4,872 $4,872 $4,872 $4,544,938 Forest Management Continuation Budget The purpose of this appropriation is to provide forestry inventory data, manage state-owned forests, provide technical assistance on forest health and water quality issues to forest landowners, administer federal forestry programs, assist communities with management of forested greenspace, market forestry products and provide technical assistance to the forestry industry. TOTAL STATE FUNDS $3,691,168 $3,691,168 $3,691,168 State General Funds $3,691,168 $3,691,168 $3,691,168 TOTAL FEDERAL FUNDS $5,977,662 $5,977,662 $5,977,662 Federal Funds Not Itemized $5,977,662 $5,977,662 $5,977,662 TOTAL AGENCY FUNDS $677,587 $677,587 $677,587 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 $552,587 $552,587 $552,587 Sales and Services Not Itemized $552,587 $552,587 $552,587 TOTAL PUBLIC FUNDS $10,346,417 $10,346,417 $10,346,417 161.0 Forest Management Appropriation (HB 989) The purpose of this appropriation is to provide forestry inventory data, manage state-owned forests, provide technical assistance on forest health and water quality issues to forest landowners, administer federal forestry programs, assist communities with management of forested greenspace, market forestry products and provide technical assistance to the forestry industry. TOTAL STATE FUNDS $3,691,168 $3,691,168 $3,691,168 State General Funds $3,691,168 $3,691,168 $3,691,168 TOTAL FEDERAL FUNDS $5,977,662 $5,977,662 $5,977,662 Federal Funds Not Itemized $5,977,662 $5,977,662 $5,977,662 TOTAL AGENCY FUNDS $677,587 $677,587 $677,587 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 $552,587 $552,587 $552,587 Sales and Services Not Itemized $552,587 $552,587 $552,587 TOTAL PUBLIC FUNDS $10,346,417 $10,346,417 $10,346,417 THURSDAY, FEBRUARY 21, 2008 673 Forest Protection Continuation Budget The purpose of this appropriation is to protect the public and forest resources by detecting and suppressing forest fires, assisting landowners with fire prevention techniques, educating the public about the dangers of wildfires, and providing programs to support rural fire departments. TOTAL STATE FUNDS $28,973,218 $28,973,218 $28,973,218 State General Funds $28,973,218 $28,973,218 $28,973,218 TOTAL FEDERAL FUNDS $1,814,173 $1,814,173 $1,814,173 Federal Funds Not Itemized $1,814,173 $1,814,173 $1,814,173 TOTAL AGENCY FUNDS $3,484,111 $3,484,111 $3,484,111 Royalties and Rents $13,000 $13,000 $13,000 Royalties and Rents Not Itemized $13,000 $13,000 $13,000 Sales and Services $3,471,111 $3,471,111 $3,471,111 Sales and Services Not Itemized $3,471,111 $3,471,111 $3,471,111 TOTAL PUBLIC FUNDS $34,271,502 $34,271,502 $34,271,502 162.1 Increase funds for a 10% state match to repair and rehabilitate fire breaks and for site preparation in Dixon Memorial State Forest resulting from the 2007 South Georgia wildfires. State General Funds $150,000 $150,000 162.0 Forest Protection Appropriation (HB 989) The purpose of this appropriation is to protect the public and forest resources by detecting and suppressing forest fires, assisting landowners with fire prevention techniques, educating the public about the dangers of wildfires, and providing programs to support rural fire departments. TOTAL STATE FUNDS $28,973,218 $29,123,218 $29,123,218 State General Funds $28,973,218 $29,123,218 $29,123,218 TOTAL FEDERAL FUNDS $1,814,173 $1,814,173 $1,814,173 Federal Funds Not Itemized $1,814,173 $1,814,173 $1,814,173 TOTAL AGENCY FUNDS $3,484,111 $3,484,111 $3,484,111 Royalties and Rents $13,000 $13,000 $13,000 Royalties and Rents Not Itemized $13,000 $13,000 $13,000 Sales and Services $3,471,111 $3,471,111 $3,471,111 Sales and Services Not Itemized $3,471,111 $3,471,111 $3,471,111 TOTAL PUBLIC FUNDS $34,271,502 $34,421,502 $34,421,502 674 JOURNAL OF THE SENATE Tree Improvement Continuation Budget The purpose of this appropriation is to provide Georgia's landowners with genetically superior seedlings to ensure increased volume and superior quality of trees grown. TOTAL STATE FUNDS $121,994 $121,994 $121,994 State General Funds $121,994 $121,994 $121,994 TOTAL PUBLIC FUNDS $121,994 $121,994 $121,994 163.0 Tree Improvement Appropriation (HB 989) The purpose of this appropriation is to provide Georgia's landowners with genetically superior seedlings to ensure increased volume and superior quality of trees grown. TOTAL STATE FUNDS $121,994 $121,994 $121,994 State General Funds $121,994 $121,994 $121,994 TOTAL PUBLIC FUNDS $121,994 $121,994 $121,994 Tree Seedling Nursery Continuation Budget 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. TOTAL STATE FUNDS ($185,769) ($185,769) ($185,769) State General Funds ($185,769) ($185,769) ($185,769) 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 Sales and Services $1,501,500 $1,501,500 $1,501,500 Sales and Services Not Itemized $1,501,500 $1,501,500 $1,501,500 TOTAL PUBLIC FUNDS $1,385,731 $1,385,731 $1,385,731 164.0 Tree Seedling Nursery Appropriation (HB 989) 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. TOTAL STATE FUNDS ($185,769) ($185,769) ($185,769) State General Funds ($185,769) ($185,769) ($185,769) 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 Sales and Services $1,501,500 $1,501,500 $1,501,500 THURSDAY, FEBRUARY 21, 2008 675 Sales and Services Not Itemized $1,501,500 $1,501,500 $1,501,500 TOTAL PUBLIC FUNDS $1,385,731 $1,385,731 $1,385,731 The above appropriations reflect annual debt service payments from the Herty Advanced Materials Development Center in an amount of $168,155 for year 16 of 20 years, last payment being made June 1, 2011. Section 25: Governor, Office of the TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services Sanctions, Fines, and Penalties Section Total - Continuation $46,716,383 $46,716,383 $46,716,383 $46,716,383 $10,950,331 $10,950,331 $10,950,331 $10,950,331 $1,439,422 $1,439,422 $10,000 $10,000 $500,000 $500,000 $100,000 $100,000 $100,677 $100,677 $561,056 $561,056 $167,689 $167,689 $147,325 $147,325 $147,325 $147,325 $59,253,461 $59,253,461 Section Total - Final $46,716,383 $46,716,383 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 $59,253,461 $50,814,874 $50,814,874 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $48,014,874 $48,014,874 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $48,014,874 $48,014,874 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 676 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $147,325 $147,325 $63,351,952 $147,325 $147,325 $60,551,952 $147,325 $147,325 $60,551,952 Governor's Emergency Fund Continuation Budget The purpose of this appropriation 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 $3,469,576 165.1 Increase funds to replenish the Governor's Emergency Fund to a level of $7,568,067 due to draw downs for FY07 disasters related to tornadoes and fires in south Georgia ($1,298,491), and provide emergency funds for instances of fire and other natural disasters in FY08 ($2,800,000). (H and S:Provide additional funds for natural disasters in FY08) State General Funds $4,098,491 $1,298,491 $1,298,491 165.0 Governor's Emergency Fund Appropriation (HB 989) The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government. TOTAL STATE FUNDS $7,568,067 $4,768,067 $4,768,067 State General Funds $7,568,067 $4,768,067 $4,768,067 TOTAL PUBLIC FUNDS $7,568,067 $4,768,067 $4,768,067 Governor's Office Continuation Budget 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 per OCGA 45-7-4 shall be $40,000. TOTAL STATE FUNDS $7,653,328 $7,653,328 $7,653,328 State General Funds $7,653,328 $7,653,328 $7,653,328 TOTAL FEDERAL FUNDS $4,000,000 $4,000,000 $4,000,000 Federal Funds Not Itemized $4,000,000 $4,000,000 $4,000,000 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Intergovernmental Transfers $100,000 $100,000 $100,000 Intergovernmental Transfers Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $11,753,328 $11,753,328 $11,753,328 THURSDAY, FEBRUARY 21, 2008 677 166.0 Governor's Office Appropriation (HB 989) 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 per OCGA 45-7-4 shall be $40,000. TOTAL STATE FUNDS $7,653,328 $7,653,328 $7,653,328 State General Funds $7,653,328 $7,653,328 $7,653,328 TOTAL FEDERAL FUNDS $4,000,000 $4,000,000 $4,000,000 Federal Funds Not Itemized $4,000,000 $4,000,000 $4,000,000 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Intergovernmental Transfers $100,000 $100,000 $100,000 Intergovernmental Transfers Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $11,753,328 $11,753,328 $11,753,328 Arts, Georgia Council for the Continuation Budget The purpose of this appropriation is to provide general operation support and project support grants for art organizations. TOTAL STATE FUNDS $4,188,948 $4,188,948 $4,188,948 State General Funds $4,188,948 $4,188,948 $4,188,948 TOTAL FEDERAL FUNDS $650,528 $650,528 $650,528 Federal Funds Not Itemized $650,528 $650,528 $650,528 TOTAL AGENCY FUNDS $10,000 $10,000 $10,000 Contributions, Donations, and Forfeitures $10,000 $10,000 $10,000 Contributions, Donations, and Forfeitures Not Itemized $10,000 $10,000 $10,000 TOTAL PUBLIC FUNDS $4,849,476 $4,849,476 $4,849,476 167.0 Arts, Georgia Council for the Appropriation (HB 989) The purpose of this appropriation is to provide general operation support and project support grants for art organizations. TOTAL STATE FUNDS $4,188,948 $4,188,948 $4,188,948 State General Funds $4,188,948 $4,188,948 $4,188,948 TOTAL FEDERAL FUNDS $650,528 $650,528 $650,528 Federal Funds Not Itemized $650,528 $650,528 $650,528 TOTAL AGENCY FUNDS $10,000 $10,000 $10,000 Contributions, Donations, and Forfeitures $10,000 $10,000 $10,000 Contributions, Donations, and Forfeitures Not Itemized $10,000 $10,000 $10,000 TOTAL PUBLIC FUNDS $4,849,476 $4,849,476 $4,849,476 678 JOURNAL OF THE SENATE Child Advocate, Office of the Continuation Budget 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 $783,235 $783,235 $783,235 State General Funds $783,235 $783,235 $783,235 TOTAL FEDERAL FUNDS $8,600 $8,600 $8,600 Federal Funds Not Itemized $8,600 $8,600 $8,600 TOTAL AGENCY FUNDS $25 $25 $25 Sales and Services $25 $25 $25 Sales and Services Not Itemized $25 $25 $25 TOTAL PUBLIC FUNDS $791,860 $791,860 $791,860 168.0 Child Advocate, Office of the Appropriation (HB 989) 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 $783,235 $783,235 $783,235 State General Funds $783,235 $783,235 $783,235 TOTAL FEDERAL FUNDS $8,600 $8,600 $8,600 Federal Funds Not Itemized $8,600 $8,600 $8,600 TOTAL AGENCY FUNDS $25 $25 $25 Sales and Services $25 $25 $25 Sales and Services Not Itemized $25 $25 $25 TOTAL PUBLIC FUNDS $791,860 $791,860 $791,860 Consumer Affairs, Governor's Office of Continuation Budget The purpose of this appropriation is 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 STATE FUNDS $8,146,604 $8,146,604 $8,146,604 State General Funds $8,146,604 $8,146,604 $8,146,604 TOTAL AGENCY FUNDS $567,689 $567,689 $567,689 Sales and Services $400,000 $400,000 $400,000 Sales and Services Not Itemized $400,000 $400,000 $400,000 Sanctions, Fines, and Penalties $167,689 $167,689 $167,689 Sanctions, Fines, and Penalties Not Itemized $167,689 $167,689 $167,689 THURSDAY, FEBRUARY 21, 2008 679 TOTAL PUBLIC FUNDS $8,714,293 $8,714,293 $8,714,293 169.0 Consumer Affairs, Governor's Office of Appropriation (HB 989) The purpose of this appropriation is 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 STATE FUNDS $8,146,604 $8,146,604 $8,146,604 State General Funds $8,146,604 $8,146,604 $8,146,604 TOTAL AGENCY FUNDS $567,689 $567,689 $567,689 Sales and Services $400,000 $400,000 $400,000 Sales and Services Not Itemized $400,000 $400,000 $400,000 Sanctions, Fines, and Penalties $167,689 $167,689 $167,689 Sanctions, Fines, and Penalties Not Itemized $167,689 $167,689 $167,689 TOTAL PUBLIC FUNDS $8,714,293 $8,714,293 $8,714,293 Emergency Management Agency, Georgia Continuation Budget 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 $2,500,145 $2,500,145 $2,500,145 State General Funds $2,500,145 $2,500,145 $2,500,145 TOTAL FEDERAL FUNDS $5,490,056 $5,490,056 $5,490,056 Federal Funds Not Itemized $5,490,056 $5,490,056 $5,490,056 TOTAL AGENCY FUNDS $660,531 $660,531 $660,531 Reserved Fund Balances $500,000 $500,000 $500,000 Reserved Fund Balances Not Itemized $500,000 $500,000 $500,000 Sales and Services $160,531 $160,531 $160,531 Sales and Services Not Itemized $160,531 $160,531 $160,531 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $147,325 $147,325 $147,325 State Funds Transfers $147,325 $147,325 $147,325 Agency to Agency Contracts $147,325 $147,325 $147,325 TOTAL PUBLIC FUNDS $8,798,057 $8,798,057 $8,798,057 170.0 Emergency Management Agency, Georgia Appropriation (HB 989) 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 $2,500,145 $2,500,145 $2,500,145 680 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $2,500,145 $5,490,056 $5,490,056 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $8,798,057 $2,500,145 $5,490,056 $5,490,056 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $8,798,057 $2,500,145 $5,490,056 $5,490,056 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $8,798,057 Equal Opportunity, Georgia Commission on Continuation Budget 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 $714,349 $714,349 $714,349 State General Funds $714,349 $714,349 $714,349 TOTAL FEDERAL FUNDS $387,217 $387,217 $387,217 Federal Funds Not Itemized $387,217 $387,217 $387,217 TOTAL PUBLIC FUNDS $1,101,566 $1,101,566 $1,101,566 171.0 Equal Opportunity, Georgia Commission on Appropriation (HB 989) 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 $714,349 $714,349 $714,349 State General Funds $714,349 $714,349 $714,349 TOTAL FEDERAL FUNDS $387,217 $387,217 $387,217 Federal Funds Not Itemized $387,217 $387,217 $387,217 TOTAL PUBLIC FUNDS $1,101,566 $1,101,566 $1,101,566 Office of Homeland Security Continuation Budget 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. THURSDAY, FEBRUARY 21, 2008 681 TOTAL STATE FUNDS $534,850 $534,850 $534,850 State General Funds $534,850 $534,850 $534,850 TOTAL PUBLIC FUNDS $534,850 $534,850 $534,850 172.0 Office of Homeland Security Appropriation (HB 989) 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 $534,850 $534,850 $534,850 State General Funds $534,850 $534,850 $534,850 TOTAL PUBLIC FUNDS $534,850 $534,850 $534,850 Office of the State Inspector General Continuation Budget 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 $833,534 $833,534 $833,534 State General Funds $833,534 $833,534 $833,534 TOTAL PUBLIC FUNDS $833,534 $833,534 $833,534 173.0 Office of the State Inspector General Appropriation (HB 989) 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 $833,534 $833,534 $833,534 State General Funds $833,534 $833,534 $833,534 TOTAL PUBLIC FUNDS $833,534 $833,534 $833,534 Professional Standards Commission, Georgia Continuation Budget The purpose of this appropriation is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia. TOTAL STATE FUNDS $7,142,891 $7,142,891 $7,142,891 State General Funds $7,142,891 $7,142,891 $7,142,891 TOTAL FEDERAL FUNDS $411,930 $411,930 $411,930 Federal Funds Not Itemized $411,930 $411,930 $411,930 TOTAL AGENCY FUNDS $500 $500 $500 Sales and Services $500 $500 $500 Sales and Services Not Itemized $500 $500 $500 682 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $7,555,321 $7,555,321 $7,555,321 174.0 Professional Standards Commission, Georgia Appropriation (HB 989) The purpose of this appropriation is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia. TOTAL STATE FUNDS $7,142,891 $7,142,891 $7,142,891 State General Funds $7,142,891 $7,142,891 $7,142,891 TOTAL FEDERAL FUNDS $411,930 $411,930 $411,930 Federal Funds Not Itemized $411,930 $411,930 $411,930 TOTAL AGENCY FUNDS $500 $500 $500 Sales and Services $500 $500 $500 Sales and Services Not Itemized $500 $500 $500 TOTAL PUBLIC FUNDS $7,555,321 $7,555,321 $7,555,321 Student Achievement, Office of Continuation Budget The purpose of this appropriation is to improve student achievement and school completion in Georgia. TOTAL STATE FUNDS $1,274,188 $1,274,188 $1,274,188 State General Funds $1,274,188 $1,274,188 $1,274,188 TOTAL PUBLIC FUNDS $1,274,188 $1,274,188 $1,274,188 175.0 Student Achievement, Office of Appropriation (HB 989) The purpose of this appropriation is to improve student achievement and school completion in Georgia. TOTAL STATE FUNDS $1,274,188 $1,274,188 $1,274,188 State General Funds $1,274,188 $1,274,188 $1,274,188 TOTAL PUBLIC FUNDS $1,274,188 $1,274,188 $1,274,188 Planning and Budget, Governor's Office of Continuation Budget The purpose of this appropriation is to supply budgeting and policy management assistance to the Governor in determining strategic and tactical plans for state agencies. TOTAL STATE FUNDS $9,474,735 $9,474,735 $9,474,735 State General Funds $9,474,735 $9,474,735 $9,474,735 TOTAL FEDERAL FUNDS $2,000 $2,000 $2,000 Federal Funds Not Itemized $2,000 $2,000 $2,000 TOTAL AGENCY FUNDS $100,677 $100,677 $100,677 Rebates, Refunds, and Reimbursements $100,677 $100,677 $100,677 THURSDAY, FEBRUARY 21, 2008 683 Rebates, Refunds, and Reimbursements Not Itemized $100,677 $100,677 $100,677 TOTAL PUBLIC FUNDS $9,577,412 $9,577,412 $9,577,412 176.0 Planning and Budget, Governor's Office of Appropriation (HB 989) The purpose of this appropriation is to supply budgeting and policy management assistance to the Governor in determining strategic and tactical plans for state agencies. TOTAL STATE FUNDS $9,474,735 $9,474,735 $9,474,735 State General Funds $9,474,735 $9,474,735 $9,474,735 TOTAL FEDERAL FUNDS $2,000 $2,000 $2,000 Federal Funds Not Itemized $2,000 $2,000 $2,000 TOTAL AGENCY FUNDS $100,677 $100,677 $100,677 Rebates, Refunds, and Reimbursements $100,677 $100,677 $100,677 Rebates, Refunds, and Reimbursements Not Itemized $100,677 $100,677 $100,677 TOTAL PUBLIC FUNDS $9,577,412 $9,577,412 $9,577,412 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. Section 26: Human Resources, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain and Spinal Injury Trust Fund 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 Section Total - Continuation $1,563,191,298 $1,533,218,551 $26,909,553 $3,063,194 $1,646,607,395 $54,927,918 $92,815,579 $13,191,463 $17,193,252 $657,542,470 $52,573,085 $24,627,737 $20,172,177 $123,413,291 $1,563,191,298 $1,533,218,551 $26,909,553 $3,063,194 $1,646,607,395 $54,927,918 $92,815,579 $13,191,463 $17,193,252 $657,542,470 $52,573,085 $24,627,737 $20,172,177 $123,413,291 $1,563,191,298 $1,533,218,551 $26,909,553 $3,063,194 $1,646,607,395 $54,927,918 $92,815,579 $13,191,463 $17,193,252 $657,542,470 $52,573,085 $24,627,737 $20,172,177 $123,413,291 684 JOURNAL OF THE SENATE Prevention & Treatment of Substance Abuse Grant CFDA93.959 $60,510,483 $60,510,483 Preventive Health & Health Services Block Grant CFDA93.991 $6,289,202 $6,289,202 Social Services Block Grant CFDA93.667 $55,015,615 $55,015,615 Temporary Assistance for Needy Families $395,046,969 $395,046,969 TANF Unobligated Balance per 42 USC 604 $73,288,154 $73,288,154 TOTAL AGENCY FUNDS $272,626,573 $272,626,573 Contributions, Donations, and Forfeitures $48,061,898 $48,061,898 Reserved Fund Balances $11,310,478 $11,310,478 Intergovernmental Transfers $8,256,947 $8,256,947 Rebates, Refunds, and Reimbursements $221,036 $221,036 Royalties and Rents $2,240,293 $2,240,293 Sales and Services $202,535,921 $202,535,921 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $6,048,914 $6,048,914 State Funds Transfers $5,290,361 $5,290,361 Federal Funds Transfers $758,553 $758,553 TOTAL PUBLIC FUNDS $3,488,474,180 $3,488,474,180 Section Total - Final TOTAL STATE FUNDS $1,645,983,741 State General Funds $1,617,105,195 Tobacco Settlement Funds $26,909,553 Brain and Spinal Injury Trust Fund $1,968,993 TOTAL FEDERAL FUNDS $1,667,034,707 Child Care & Development Block Grant CFDA93.575 $54,927,918 CCDF Mandatory & Matching Funds CFDA93.596 $92,815,579 Community Mental Health Services Block Grant CFDA93.958 $13,191,463 Community Services Block Grant CFDA93.569 $17,193,252 Federal Funds Not Itemized $658,745,489 Foster Care Title IV-E CFDA93.658 $59,573,085 Low-Income Home Energy Assistance CFDA93.568 $24,627,737 Maternal & Child Health Services Block Grant CFDA93.994 $20,172,177 Medical Assistance Program CFDA93.778 $121,613,291 Prevention & Treatment of Substance Abuse Grant CFDA93.959$60,510,483 Preventive Health & Health Services Block Grant CFDA93.991 $6,289,202 $1,646,083,741 $1,617,205,195 $26,909,553 $1,968,993 $1,667,034,707 $54,927,918 $92,815,579 $13,191,463 $17,193,252 $658,745,489 $59,573,085 $24,627,737 $20,172,177 $121,613,291 $60,510,483 $6,289,202 $60,510,483 $6,289,202 $55,015,615 $395,046,969 $73,288,154 $272,626,573 $48,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,488,474,180 $1,652,197,073 $1,623,318,527 $26,909,553 $1,968,993 $1,705,971,891 $54,927,918 $92,815,579 $13,191,463 $17,193,252 $658,745,489 $59,573,085 $24,627,737 $20,172,177 $121,613,291 $60,510,483 $6,289,202 THURSDAY, FEBRUARY 21, 2008 685 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS $55,015,615 $409,071,262 $73,288,154 $226,626,573 $2,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,545,693,935 $55,015,615 $409,071,262 $73,288,154 $226,626,573 $2,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,545,793,935 $55,015,615 $368,024,967 $153,271,633 $272,626,573 $48,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,636,844,451 Adolescent and Adult Health Promotion Continuation Budget 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. TOTAL STATE FUNDS $20,734,163 $20,734,163 $20,734,163 State General Funds $15,859,175 $15,859,175 $15,859,175 Tobacco Settlement Funds $4,874,988 $4,874,988 $4,874,988 TOTAL FEDERAL FUNDS $36,967,763 $36,967,763 $36,967,763 Federal Funds Not Itemized $15,008,940 $15,008,940 $15,008,940 Maternal & Child Health Services Block Grant CFDA93.994 $1,230,972 $1,230,972 $1,230,972 Medical Assistance Program CFDA93.778 $1,589,260 $1,589,260 $1,589,260 Preventive Health & Health Services Block Grant CFDA93.991 $41,694 $41,694 $41,694 Temporary Assistance for Needy Families $19,096,897 $19,096,897 $19,096,897 Temporary Assistance for Needy Families Grant CFDA93.558 $19,096,897 $19,096,897 $19,096,897 TOTAL AGENCY FUNDS $207,783 $207,783 $207,783 Contributions, Donations, and Forfeitures $207,783 $207,783 $207,783 Contributions, Donations, and Forfeitures Not Itemized $207,783 $207,783 $207,783 TOTAL PUBLIC FUNDS $57,909,709 $57,909,709 $57,909,709 177.1 Transfer funds from the Infant and Child Health Promotion program to accurately reflect salary and health benefit increases 686 JOURNAL OF THE SENATE from FY08. State General Funds $165,188 $165,188 $165,188 177.2 Transfer local grant-in-aid funds to the Inspections and Environmental Hazard Control program to reflect expenses. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) 177.3 Transfer funds to the Infectious Disease Control program to align the budget to the program where laboratory activities occur. State General Funds ($523,126) ($523,126) ($523,126) Medical Assistance Program CFDA93.778 ($145,397) ($145,397) ($145,397) TOTAL PUBLIC FUNDS ($668,523) ($668,523) ($668,523) 177.4 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($74,679) ($74,679) 177.5 Reduce funds received for the Diabetes Care Coalition. State General Funds ($150,000) 177.6 Increase funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 $4,603,103 177.0 Adolescent and Adult Health Promotion Appropriation (HB 989) 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. TOTAL STATE FUNDS $19,376,225 $19,301,546 $19,151,546 State General Funds $14,501,237 $14,426,558 $14,276,558 Tobacco Settlement Funds $4,874,988 $4,874,988 $4,874,988 TOTAL FEDERAL FUNDS $36,822,366 $36,822,366 $41,425,469 Federal Funds Not Itemized $15,008,940 $15,008,940 $15,008,940 Maternal & Child Health Services Block Grant CFDA93.994 $1,230,972 $1,230,972 $1,230,972 Medical Assistance Program CFDA93.778 $1,443,863 $1,443,863 $1,443,863 Preventive Health & Health Services Block Grant CFDA93.991 $41,694 $41,694 $41,694 Temporary Assistance for Needy Families $19,096,897 $19,096,897 $23,700,000 Temporary Assistance for Needy Families Grant CFDA93.558 $19,096,897 $19,096,897 $23,700,000 TOTAL AGENCY FUNDS $207,783 $207,783 $207,783 Contributions, Donations, and Forfeitures $207,783 $207,783 $207,783 Contributions, Donations, and Forfeitures Not Itemized $207,783 $207,783 $207,783 TOTAL PUBLIC FUNDS $56,406,374 $56,331,695 $60,784,798 THURSDAY, FEBRUARY 21, 2008 687 Adoption Services Continuation Budget 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. TOTAL STATE FUNDS $33,139,326 $33,139,326 $33,139,326 State General Funds $33,139,326 $33,139,326 $33,139,326 TOTAL FEDERAL FUNDS $47,932,276 $47,932,276 $47,932,276 Federal Funds Not Itemized $35,932,276 $35,932,276 $35,932,276 Temporary Assistance for Needy Families $12,000,000 $12,000,000 $12,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $12,000,000 $12,000,000 $12,000,000 TOTAL AGENCY FUNDS $45,000 $45,000 $45,000 Contributions, Donations, and Forfeitures $45,000 $45,000 $45,000 Contributions, Donations, and Forfeitures Not Itemized $45,000 $45,000 $45,000 TOTAL PUBLIC FUNDS $81,116,602 $81,116,602 $81,116,602 178.1 Transfer funds from the Out-of-Home Care program to align the budget with projected expenditures. State General Funds $2,623,790 $2,623,790 $2,623,790 178.2 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($6,640) ($6,640) 178.0 Adoption Services Appropriation (HB 989) 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. TOTAL STATE FUNDS $35,763,116 $35,756,476 $35,756,476 State General Funds $35,763,116 $35,756,476 $35,756,476 TOTAL FEDERAL FUNDS $47,932,276 $47,932,276 $47,932,276 Federal Funds Not Itemized $35,932,276 $35,932,276 $35,932,276 Temporary Assistance for Needy Families $12,000,000 $12,000,000 $12,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $12,000,000 $12,000,000 $12,000,000 TOTAL AGENCY FUNDS $45,000 $45,000 $45,000 Contributions, Donations, and Forfeitures $45,000 $45,000 $45,000 Contributions, Donations, and Forfeitures Not Itemized $45,000 $45,000 $45,000 TOTAL PUBLIC FUNDS $83,740,392 $83,733,752 $83,733,752 688 JOURNAL OF THE SENATE Adult Addictive Diseases Services Continuation Budget 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. TOTAL STATE FUNDS $48,231,627 $48,231,627 $48,231,627 State General Funds $48,231,627 $48,231,627 $48,231,627 TOTAL FEDERAL FUNDS $46,517,224 $46,517,224 $46,517,224 Federal Funds Not Itemized $1 $1 $1 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $26,100,797 $26,100,797 $26,100,797 Temporary Assistance for Needy Families $20,416,426 $20,416,426 $20,416,426 Temporary Assistance for Needy Families Grant CFDA93.558 $20,416,426 $20,416,426 $20,416,426 TOTAL AGENCY FUNDS $824,903 $824,903 $824,903 Intergovernmental Transfers $490,000 $490,000 $490,000 Intergovernmental Transfers Not Itemized $490,000 $490,000 $490,000 Rebates, Refunds, and Reimbursements $218,121 $218,121 $218,121 Rebates, Refunds, and Reimbursements Not Itemized $218,121 $218,121 $218,121 Sales and Services $116,782 $116,782 $116,782 Sales and Services Not Itemized $116,782 $116,782 $116,782 TOTAL PUBLIC FUNDS $95,573,754 $95,573,754 $95,573,754 179.1 Transfer funds to the Departmental Administration program to align the budget with projected expenditures. State General Funds ($1,938,303) ($1,938,303) ($1,938,303) 179.2 Transfer funds to the Direct Care Support Services program to align the budget with projected expenditures. State General Funds ($146,613) ($146,613) ($146,613) 179.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($149,386) ($149,386) 179.4 Increase funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 $1,457,257 179.0 Adult Addictive Diseases Services Appropriation (HB 989) 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. TOTAL STATE FUNDS $46,146,711 $45,997,325 $45,997,325 State General Funds $46,146,711 $45,997,325 $45,997,325 TOTAL FEDERAL FUNDS $46,517,224 $46,517,224 $47,974,481 THURSDAY, FEBRUARY 21, 2008 689 Federal Funds Not Itemized $1 Prevention & Treatment of Substance Abuse Grant CFDA93.959$26,100,797 Temporary Assistance for Needy Families $20,416,426 Temporary Assistance for Needy Families Grant CFDA93.558 $20,416,426 TOTAL AGENCY FUNDS $824,903 Intergovernmental Transfers $490,000 Intergovernmental Transfers Not Itemized $490,000 Rebates, Refunds, and Reimbursements $218,121 Rebates, Refunds, and Reimbursements Not Itemized $218,121 Sales and Services $116,782 Sales and Services Not Itemized $116,782 TOTAL PUBLIC FUNDS $93,488,838 $1 $26,100,797 $20,416,426 $20,416,426 $824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782 $93,339,452 $1 $26,100,797 $21,873,683 $21,873,683 $824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782 $94,796,709 Adult Developmental Disabilities Services Continuation Budget The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for adults with developmental disabilities. TOTAL STATE FUNDS $216,013,559 $216,013,559 $216,013,559 State General Funds $205,758,421 $205,758,421 $205,758,421 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $67,376,249 $67,376,249 $67,376,249 Federal Funds Not Itemized $161,870 $161,870 $161,870 Medical Assistance Program CFDA93.778 $13,561,524 $13,561,524 $13,561,524 Social Services Block Grant CFDA93.667 $30,636,459 $30,636,459 $30,636,459 Temporary Assistance for Needy Families $23,016,394 $23,016,394 $23,016,394 Temporary Assistance for Needy Families Grant CFDA93.558 $23,016,394 $23,016,394 $23,016,394 TANF Unobligated Balance per 42 USC 604 $2 $2 $2 TOTAL AGENCY FUNDS $59,784,552 $59,784,552 $59,784,552 Sales and Services $59,784,552 $59,784,552 $59,784,552 Sales and Services Not Itemized $59,784,552 $59,784,552 $59,784,552 TOTAL PUBLIC FUNDS $343,174,360 $343,174,360 $343,174,360 180.1 Transfer funds to the Adult Forensic Services program to align the budget with projected expenditures. State General Funds ($3,405,931) ($3,405,931) ($3,405,931) 180.2 Transfer funds to the Adult Mental Health Services program to align the budget with projected expenditures. 690 JOURNAL OF THE SENATE State General Funds ($23,613,653) ($23,613,653) ($23,613,653) 180.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($190,689) ($190,689) 180.4 Reduce funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 ($22,605,160) TANF Unobligated Balance per 42 USC 604 ($2) TOTAL PUBLIC FUNDS ($22,605,162) 180.0 Adult Developmental Disabilities Services Appropriation (HB 989) The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for adults with developmental disabilities. TOTAL STATE FUNDS $188,993,975 $188,803,286 $188,803,286 State General Funds $178,738,837 $178,548,148 $178,548,148 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $67,376,249 $67,376,249 $44,771,087 Federal Funds Not Itemized $161,870 $161,870 $161,870 Medical Assistance Program CFDA93.778 $13,561,524 $13,561,524 $13,561,524 Social Services Block Grant CFDA93.667 $30,636,459 $30,636,459 $30,636,459 Temporary Assistance for Needy Families $23,016,394 $23,016,394 $411,234 Temporary Assistance for Needy Families Grant CFDA93.558 $23,016,394 $23,016,394 $411,234 TANF Unobligated Balance per 42 USC 604 $2 $2 TOTAL AGENCY FUNDS $59,784,552 $59,784,552 $59,784,552 Sales and Services $59,784,552 $59,784,552 $59,784,552 Sales and Services Not Itemized $59,784,552 $59,784,552 $59,784,552 TOTAL PUBLIC FUNDS $316,154,776 $315,964,087 $293,358,925 Adult Essential Health Treatment Services Continuation Budget 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. TOTAL STATE FUNDS $10,709,061 $10,709,061 $10,709,061 State General Funds $5,709,061 $5,709,061 $5,709,061 Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 TOTAL FEDERAL FUNDS $3,937,629 $3,937,629 $3,937,629 THURSDAY, FEBRUARY 21, 2008 691 Federal Funds Not Itemized $2,651,413 $2,651,413 $2,651,413 Medical Assistance Program CFDA93.778 $75,339 $75,339 $75,339 Preventive Health & Health Services Block Grant CFDA93.991 $1,210,877 $1,210,877 $1,210,877 TOTAL AGENCY FUNDS $2,096,772 $2,096,772 $2,096,772 Sales and Services $2,096,772 $2,096,772 $2,096,772 Sales and Services Not Itemized $2,096,772 $2,096,772 $2,096,772 TOTAL PUBLIC FUNDS $16,743,462 $16,743,462 $16,743,462 181.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($9,945) ($9,945) 181.0 Adult Essential Health Treatment Services Appropriation (HB 989) 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. TOTAL STATE FUNDS $10,709,061 $10,699,116 $10,699,116 State General Funds $5,709,061 $5,699,116 $5,699,116 Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 TOTAL FEDERAL FUNDS $3,937,629 $3,937,629 $3,937,629 Federal Funds Not Itemized $2,651,413 $2,651,413 $2,651,413 Medical Assistance Program CFDA93.778 $75,339 $75,339 $75,339 Preventive Health & Health Services Block Grant CFDA93.991 $1,210,877 $1,210,877 $1,210,877 TOTAL AGENCY FUNDS $2,096,772 $2,096,772 $2,096,772 Sales and Services $2,096,772 $2,096,772 $2,096,772 Sales and Services Not Itemized $2,096,772 $2,096,772 $2,096,772 TOTAL PUBLIC FUNDS $16,743,462 $16,733,517 $16,733,517 Adult Forensic Services Continuation Budget 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 $38,421,374 $38,421,374 $38,421,374 State General Funds $38,421,374 $38,421,374 $38,421,374 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 AGENCY FUNDS $4 $4 $4 692 JOURNAL OF THE SENATE Sales and Services $4 $4 $4 Sales and Services Not Itemized $4 $4 $4 TOTAL PUBLIC FUNDS $39,536,786 $39,536,786 $39,536,786 182.1 Transfer funds from the Adult Developmental Disabilities Services program to align the budget with projected expenditures. State General Funds $3,405,931 $3,405,931 $3,405,931 182.2 Increase funds to improve hospital operations and quality of care. State General Funds $2,100,000 $2,100,000 $2,100,000 182.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $178,525 $178,525 182.0 Adult Forensic Services Appropriation (HB 989) 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 $43,927,305 $44,105,830 $44,105,830 State General Funds $43,927,305 $44,105,830 $44,105,830 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 AGENCY FUNDS $4 $4 $4 Sales and Services $4 $4 $4 Sales and Services Not Itemized $4 $4 $4 TOTAL PUBLIC FUNDS $45,042,717 $45,221,242 $45,221,242 Adult Mental Health Services Continuation Budget The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness. TOTAL STATE FUNDS $177,314,849 $177,314,849 $177,314,849 State General Funds $177,314,849 $177,314,849 $177,314,849 TOTAL FEDERAL FUNDS $18,263,868 $18,263,868 $18,263,868 Community Mental Health Services Block Grant CFDA93.958 $7,757,890 $7,757,890 $7,757,890 Federal Funds Not Itemized $6,575,206 $6,575,206 $6,575,206 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $330,772 $330,772 $330,772 Temporary Assistance for Needy Families $3,600,000 $3,600,000 $3,600,000 Temporary Assistance for Needy Families Grant CFDA93.558 $3,600,000 $3,600,000 $3,600,000 THURSDAY, FEBRUARY 21, 2008 693 TOTAL AGENCY FUNDS $4,102,757 $4,102,757 $4,102,757 Contributions, Donations, and Forfeitures $526,000 $526,000 $526,000 Contributions, Donations, and Forfeitures Not Itemized $526,000 $526,000 $526,000 Sales and Services $3,576,757 $3,576,757 $3,576,757 Sales and Services Not Itemized $3,576,757 $3,576,757 $3,576,757 TOTAL PUBLIC FUNDS $199,681,474 $199,681,474 $199,681,474 183.1 Transfer funds from the Adult Developmental Disabilities Services program to align the budget with projected expenditures. State General Funds $23,613,653 $23,613,653 $23,613,653 183.2 Transfer funds from the Child and Adolescent Mental Health Services program to align the budget with projected expenditures. State General Funds $12,130,955 $12,130,955 $12,130,955 183.3 Increase funds to improve hospital operations and quality of care. State General Funds $5,900,000 $5,900,000 $5,900,000 183.4 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($365,284) ($365,284) 183.5 Reduce funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 ($2,380,535) 183.0 Adult Mental Health Services Appropriation (HB 989) The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness. TOTAL STATE FUNDS $218,959,457 $218,594,173 $218,594,173 State General Funds $218,959,457 $218,594,173 $218,594,173 TOTAL FEDERAL FUNDS $18,263,868 $18,263,868 $15,883,333 Community Mental Health Services Block Grant CFDA93.958 $7,757,890 $7,757,890 $7,757,890 Federal Funds Not Itemized $6,575,206 $6,575,206 $6,575,206 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $330,772 $330,772 $330,772 Temporary Assistance for Needy Families $3,600,000 $3,600,000 $1,219,465 Temporary Assistance for Needy Families Grant CFDA93.558 $3,600,000 $3,600,000 $1,219,465 TOTAL AGENCY FUNDS $4,102,757 $4,102,757 $4,102,757 Contributions, Donations, and Forfeitures $526,000 $526,000 $526,000 Contributions, Donations, and Forfeitures Not Itemized $526,000 $526,000 $526,000 Sales and Services $3,576,757 $3,576,757 $3,576,757 694 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,576,757 $3,576,757 $3,576,757 $241,326,082 $240,960,798 $238,580,263 Adult Nursing Home Services Continuation Budget The purpose of this appropriation is to provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities. TOTAL STATE FUNDS $2,383,183 $2,383,183 $2,383,183 State General Funds $2,383,183 $2,383,183 $2,383,183 TOTAL AGENCY FUNDS $1,547,242 $1,547,242 $1,547,242 Sales and Services $1,547,242 $1,547,242 $1,547,242 Sales and Services Not Itemized $1,547,242 $1,547,242 $1,547,242 TOTAL PUBLIC FUNDS $3,930,425 $3,930,425 $3,930,425 184.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $139,502 $139,502 184.0 Adult Nursing Home Services Appropriation (HB 989) The purpose of this appropriation is to provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities. TOTAL STATE FUNDS $2,383,183 $2,522,685 $2,522,685 State General Funds $2,383,183 $2,522,685 $2,522,685 TOTAL AGENCY FUNDS $1,547,242 $1,547,242 $1,547,242 Sales and Services $1,547,242 $1,547,242 $1,547,242 Sales and Services Not Itemized $1,547,242 $1,547,242 $1,547,242 TOTAL PUBLIC FUNDS $3,930,425 $4,069,927 $4,069,927 After School Care Continuation Budget The purpose of this appropriation is to expand the provision of after school care services and earn a 1:2 matching rate for contributed Maintenance of Effort (MOE) funds. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL FEDERAL FUNDS $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $14,000,000 $14,000,000 $14,000,000 THURSDAY, FEBRUARY 21, 2008 695 TOTAL AGENCY FUNDS $28,000,000 $28,000,000 $28,000,000 Contributions, Donations, and Forfeitures $28,000,000 $28,000,000 $28,000,000 TANF Maintenance-of-Effort from External Sources $28,000,000 $28,000,000 $28,000,000 TOTAL PUBLIC FUNDS $42,000,000 $42,000,000 $42,000,000 185.1 Reduce funds from Maintenance of Effort (MOE) calculations to reflect cash flow to operate the program. TANF Maintenance-of-Effort from External Sources ($28,000,000) ($28,000,000) $0 185.99 SAC: The purpose of this appropriation is to expand the provision of after school care services and draw down TANF Maintenance of Effort funds. House: The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. Governor: 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 $0 185.0 After School Care Appropriation (HB 989) The purpose of this appropriation is to expand the provision of after school care services and draw down TANF Maintenance of Effort funds. TOTAL FEDERAL FUNDS $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $14,000,000 $14,000,000 $14,000,000 TOTAL AGENCY FUNDS $28,000,000 Contributions, Donations, and Forfeitures $28,000,000 TANF Maintenance-of-Effort from External Sources $28,000,000 TOTAL PUBLIC FUNDS $14,000,000 $14,000,000 $42,000,000 Child and Adolescent Addictive Diseases Services Continuation Budget 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. TOTAL STATE FUNDS $10,864,229 $10,864,229 $10,864,229 State General Funds $10,864,229 $10,864,229 $10,864,229 TOTAL FEDERAL FUNDS $17,217,170 $17,217,170 $17,217,170 Federal Funds Not Itemized $3,116,697 $3,116,697 $3,116,697 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $14,100,473 $14,100,473 $14,100,473 TOTAL PUBLIC FUNDS $28,081,399 $28,081,399 $28,081,399 696 JOURNAL OF THE SENATE 186.1 Transfer funds to Direct Care Support Services program to reflect a decrease in service utilization. State General Funds ($1,868,277) ($1,868,277) ($1,868,277) 186.2 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($45,193) ($45,193) 186.0 Child and Adolescent Addictive Diseases Services Appropriation (HB 989) 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. TOTAL STATE FUNDS $8,995,952 $8,950,759 $8,950,759 State General Funds $8,995,952 $8,950,759 $8,950,759 TOTAL FEDERAL FUNDS $17,217,170 $17,217,170 $17,217,170 Federal Funds Not Itemized $3,116,697 $3,116,697 $3,116,697 Prevention & Treatment of Substance Abuse Grant CFDA93.959$14,100,473 $14,100,473 $14,100,473 TOTAL PUBLIC FUNDS $26,213,122 $26,167,929 $26,167,929 Child and Adolescent Developmental Disabilities Continuation Budget 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 $17,589,662 $17,589,662 $17,589,662 State General Funds $17,589,662 $17,589,662 $17,589,662 TOTAL FEDERAL FUNDS $6,331,470 $6,331,470 $6,331,470 Medical Assistance Program CFDA93.778 $5,843,482 $5,843,482 $5,843,482 Temporary Assistance for Needy Families $487,988 $487,988 $487,988 Temporary Assistance for Needy Families Grant CFDA93.558 $487,988 $487,988 $487,988 TOTAL PUBLIC FUNDS $23,921,132 $23,921,132 $23,921,132 187.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($38,737) ($38,737) 187.2 Reduce one-time funds received for the Matthew Reardon Center and reflect reduction in the Departmental Administration program. (S:YES) State General Funds $0 187.3 Reduce funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 ($487,988) THURSDAY, FEBRUARY 21, 2008 697 187.0 Child and Adolescent Developmental Disabilities Appropriation (HB 989) 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 $17,589,662 $17,550,925 $17,550,925 State General Funds $17,589,662 $17,550,925 $17,550,925 TOTAL FEDERAL FUNDS $6,331,470 $6,331,470 $5,843,482 Medical Assistance Program CFDA93.778 $5,843,482 $5,843,482 $5,843,482 Temporary Assistance for Needy Families $487,988 $487,988 Temporary Assistance for Needy Families Grant CFDA93.558 $487,988 $487,988 TOTAL PUBLIC FUNDS $23,921,132 $23,882,395 $23,394,407 Child and Adolescent Forensic Services Continuation Budget 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 $3,038,424 $3,038,424 $3,038,424 State General Funds $3,038,424 $3,038,424 $3,038,424 TOTAL PUBLIC FUNDS $3,038,424 $3,038,424 $3,038,424 188.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($6,456) ($6,456) 188.0 Child and Adolescent Forensic Services Appropriation (HB 989) 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 $3,038,424 $3,031,968 $3,031,968 State General Funds $3,038,424 $3,031,968 $3,031,968 TOTAL PUBLIC FUNDS $3,038,424 $3,031,968 $3,031,968 Child and Adolescent Mental Health Services Continuation Budget 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 $105,062,036 $105,062,036 $105,062,036 State General Funds $105,062,036 $105,062,036 $105,062,036 TOTAL FEDERAL FUNDS $5,446,690 $5,446,690 $5,446,690 698 JOURNAL OF THE SENATE Community Mental Health Services Block Grant CFDA93.958 $5,433,573 $5,433,573 $5,433,573 Federal Funds Not Itemized $10,000 $10,000 $10,000 Medical Assistance Program CFDA93.778 $3,117 $3,117 $3,117 TOTAL AGENCY FUNDS $51,093,764 $51,093,764 $51,093,764 Sales and Services $51,093,764 $51,093,764 $51,093,764 Sales and Services Not Itemized $51,093,764 $51,093,764 $51,093,764 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $82,003 $82,003 $82,003 State Funds Transfers $82,003 $82,003 $82,003 Agency to Agency Contracts $82,003 $82,003 $82,003 TOTAL PUBLIC FUNDS $161,684,493 $161,684,493 $161,684,493 189.1 Transfer funds to the Adult Mental Health Services program to align the budget with projected expenditures. State General Funds ($12,130,955) ($12,130,955) ($12,130,955) 189.2 Transfer funds to the Direct Care Support Services program to align the budget with projected expenditures. State General Funds ($766,723) ($766,723) ($766,723) 189.3 Transfer funds from the Departmental Administration program for mental health support staff related to the unbundling of the Level of Care (LOC) services. State General Funds $109,145 $109,145 $109,145 189.4 Transfer funds from the Child Welfare Services program for mental health support staff related to the unbundling of LOC services. State General Funds $412,329 $412,329 $412,329 189.5 Reduce funds to reflect a projected decrease in service utilization. State General Funds ($8,000,000) ($8,000,000) ($8,000,000) 189.6 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($124,819) ($124,819) 189.0 Child and Adolescent Mental Health Services Appropriation (HB 989) 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 $84,685,832 $84,561,013 $84,561,013 State General Funds $84,685,832 $84,561,013 $84,561,013 TOTAL FEDERAL FUNDS $5,446,690 $5,446,690 $5,446,690 Community Mental Health Services Block Grant CFDA93.958 $5,433,573 $5,433,573 $5,433,573 THURSDAY, FEBRUARY 21, 2008 699 Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $10,000 $3,117 $51,093,764 $51,093,764 $51,093,764 $82,003 $82,003 $82,003 $141,308,289 $10,000 $3,117 $51,093,764 $51,093,764 $51,093,764 $82,003 $82,003 $82,003 $141,183,470 $10,000 $3,117 $51,093,764 $51,093,764 $51,093,764 $82,003 $82,003 $82,003 $141,183,470 Child Care Services Continuation Budget 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. TOTAL STATE FUNDS $58,398,695 $58,398,695 $58,398,695 State General Funds $58,398,695 $58,398,695 $58,398,695 TOTAL FEDERAL FUNDS $175,018,410 $175,018,410 $175,018,410 Child Care & Development Block Grant CFDA93.575 $54,619,903 $54,619,903 $54,619,903 CCDF Mandatory & Matching Funds CFDA93.596 $90,698,416 $90,698,416 $90,698,416 Social Services Block Grant CFDA93.667 $90 $90 $90 Temporary Assistance for Needy Families $29,700,001 $29,700,001 $29,700,001 Temporary Assistance for Needy Families Grant CFDA93.558 $1 $1 $1 TANF Transfers to Child Care Development Fund per 42 USC 604 $29,700,000 $29,700,000 $29,700,000 TOTAL AGENCY FUNDS $2,500,000 $2,500,000 $2,500,000 Sales and Services $2,500,000 $2,500,000 $2,500,000 Sales and Services Not Itemized $2,500,000 $2,500,000 $2,500,000 TOTAL PUBLIC FUNDS $235,917,105 $235,917,105 $235,917,105 190.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $32,446 $32,446 190.2 Reduce funds to reflect FY08 transfers being prepaid using FY07 funds. Temporary Assistance for Needy Families Grant CFDA93.558 ($1) TANF Transfers to Child Care Development Fund per 42 USC 604 ($29,700,000) TOTAL PUBLIC FUNDS ($29,700,001) 700 JOURNAL OF THE SENATE 190.0 Child Care Services Appropriation (HB 989) 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. TOTAL STATE FUNDS $58,398,695 $58,431,141 $58,431,141 State General Funds $58,398,695 $58,431,141 $58,431,141 TOTAL FEDERAL FUNDS $175,018,410 $175,018,410 $145,318,409 Child Care & Development Block Grant CFDA93.575 $54,619,903 $54,619,903 $54,619,903 CCDF Mandatory & Matching Funds CFDA93.596 $90,698,416 $90,698,416 $90,698,416 Social Services Block Grant CFDA93.667 $90 $90 $90 Temporary Assistance for Needy Families $29,700,001 $29,700,001 Temporary Assistance for Needy Families Grant CFDA93.558 $1 $1 TANF Transfers to Child Care Development Fund per 42 USC 604$29,700,000 $29,700,000 TOTAL AGENCY FUNDS $2,500,000 $2,500,000 $2,500,000 Sales and Services $2,500,000 $2,500,000 $2,500,000 Sales and Services Not Itemized $2,500,000 $2,500,000 $2,500,000 TOTAL PUBLIC FUNDS $235,917,105 $235,949,551 $206,249,550 Child Fatality Review Panel Continuation Budget 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 $371,297 $371,297 $371,297 State General Funds $371,297 $371,297 $371,297 TOTAL FEDERAL FUNDS $65,000 $65,000 $65,000 Federal Funds Not Itemized $65,000 $65,000 $65,000 TOTAL PUBLIC FUNDS $436,297 $436,297 $436,297 191.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($302) ($302) 191.0 Child Fatality Review Panel Appropriation (HB 989) 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 $371,297 $370,995 $370,995 State General Funds $371,297 $370,995 $370,995 THURSDAY, FEBRUARY 21, 2008 701 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $65,000 $65,000 $436,297 $65,000 $65,000 $435,995 $65,000 $65,000 $435,995 Child Support Services Continuation Budget The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS $21,668,683 $21,668,683 $21,668,683 State General Funds $21,668,683 $21,668,683 $21,668,683 TOTAL FEDERAL FUNDS $52,561,532 $52,561,532 $52,561,532 Federal Funds Not Itemized $52,441,532 $52,441,532 $52,441,532 Social Services Block Grant CFDA93.667 $120,000 $120,000 $120,000 TOTAL AGENCY FUNDS $2,841,500 $2,841,500 $2,841,500 Sales and Services $2,841,500 $2,841,500 $2,841,500 Sales and Services Not Itemized $2,841,500 $2,841,500 $2,841,500 TOTAL PUBLIC FUNDS $77,071,715 $77,071,715 $77,071,715 192.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $143,928 $143,928 192.2 Increase funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 $2,000,000 192.0 Child Support Services Appropriation (HB 989) The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS $21,668,683 $21,812,611 $21,812,611 State General Funds $21,668,683 $21,812,611 $21,812,611 TOTAL FEDERAL FUNDS $52,561,532 $52,561,532 $54,561,532 Federal Funds Not Itemized $52,441,532 $52,441,532 $52,441,532 Social Services Block Grant CFDA93.667 $120,000 $120,000 $120,000 Temporary Assistance for Needy Families $2,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $2,000,000 TOTAL AGENCY FUNDS $2,841,500 $2,841,500 $2,841,500 Sales and Services $2,841,500 $2,841,500 $2,841,500 Sales and Services Not Itemized $2,841,500 $2,841,500 $2,841,500 TOTAL PUBLIC FUNDS $77,071,715 $77,215,643 $79,215,643 702 JOURNAL OF THE SENATE Child Welfare Services Continuation Budget The purpose of this appropriation is to provide for the investigating of allegations of child abuse and neglect, assessing family functioning, providing in-home support, counseling and treatment services, and to provide intervention services. TOTAL STATE FUNDS $73,149,559 $73,149,559 $73,149,559 State General Funds $73,149,559 $73,149,559 $73,149,559 TOTAL FEDERAL FUNDS $133,294,489 $133,294,489 $133,294,489 CCDF Mandatory & Matching Funds CFDA93.596 $817,637 $817,637 $817,637 Community Services Block Grant CFDA93.569 $4,000 $4,000 $4,000 Federal Funds Not Itemized $17,334,517 $17,334,517 $17,334,517 Foster Care Title IV-E CFDA93.658 $18,278,994 $18,278,994 $18,278,994 Medical Assistance Program CFDA93.778 $11,331,449 $11,331,449 $11,331,449 Social Services Block Grant CFDA93.667 $8,264,167 $8,264,167 $8,264,167 Temporary Assistance for Needy Families $77,263,725 $77,263,725 $77,263,725 Temporary Assistance for Needy Families Grant CFDA93.558 $77,263,725 $77,263,725 $77,263,725 TOTAL AGENCY FUNDS $24,846,326 $24,846,326 $24,846,326 Contributions, Donations, and Forfeitures $16,250 $16,250 $16,250 Contributions, Donations, and Forfeitures Not Itemized $16,250 $16,250 $16,250 Reserved Fund Balances $11,162,478 $11,162,478 $11,162,478 Reserved Fund Balances Not Itemized $11,162,478 $11,162,478 $11,162,478 Sales and Services $13,667,598 $13,667,598 $13,667,598 Sales and Services Not Itemized $13,667,598 $13,667,598 $13,667,598 TOTAL PUBLIC FUNDS $231,290,374 $231,290,374 $231,290,374 193.1 Increase funds for the projected deficit. State General Funds $15,883,875 $14,083,875 $14,083,875 193.2 Increase funds to reflect anticipated receipt of federal funds. Federal Funds Not Itemized $1,203,019 $1,203,019 $1,203,019 Foster Care Title IV-E CFDA93.658 $7,000,000 $7,000,000 $7,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $26,024,293 $26,024,293 $4,024,293 TANF Transfers to Social Services Block Grant per 42 USC 604 $22,000,000 TOTAL PUBLIC FUNDS $34,227,312 $34,227,312 $34,227,312 193.3 Transfer funds from the Out-of-Home Care program to align the budget with projected expenditures. State General Funds $13,000,000 $13,000,000 $13,000,000 193.4 Transfer funds from the Departmental Administration program to align the budget with projected expenditures. THURSDAY, FEBRUARY 21, 2008 703 State General Funds $5,000,000 $5,000,000 $5,000,000 193.5 Transfer funds from the Support for Needy Families-Work Assistance program to align the budget with projected expenditures. State General Funds $6,380,234 $6,380,234 $6,380,234 193.6 Transfer funds from the Support for Needy Families-Family Assistance program to align the budget with projected expenditures. State General Funds $8,935,293 $8,935,293 $8,935,293 193.7 Transfer funds to the Child and Adolescent Mental Health program to align the budget with projected expenditures. State General Funds ($412,329) ($412,329) ($412,329) 193.8 Transfer funds to the Out-of-Home Care program to reflect the initial and annual clothing allowance budget in the correct program. State General Funds ($1,486,400) ($1,486,400) ($1,486,400) 193.9 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $775,834 $775,834 193.0 Child Welfare Services Appropriation (HB 989) The purpose of this appropriation is to provide for the investigating of allegations of child abuse and neglect, assessing family functioning, providing in-home support, counseling and treatment services, and to provide intervention services. TOTAL STATE FUNDS $120,450,232 $119,426,066 $119,426,066 State General Funds $120,450,232 $119,426,066 $119,426,066 TOTAL FEDERAL FUNDS $167,521,801 $167,521,801 $167,521,801 CCDF Mandatory & Matching Funds CFDA93.596 $817,637 $817,637 $817,637 Community Services Block Grant CFDA93.569 $4,000 $4,000 $4,000 Federal Funds Not Itemized $18,537,536 $18,537,536 $18,537,536 Foster Care Title IV-E CFDA93.658 $25,278,994 $25,278,994 $25,278,994 Medical Assistance Program CFDA93.778 $11,331,449 $11,331,449 $11,331,449 Social Services Block Grant CFDA93.667 $8,264,167 $8,264,167 $8,264,167 Temporary Assistance for Needy Families $103,288,018 $103,288,018 $103,288,018 Temporary Assistance for Needy Families Grant CFDA93.558 $103,288,018 $103,288,018 $81,288,018 TANF Transfers to Social Services Block Grant per 42 USC 604 $22,000,000 TOTAL AGENCY FUNDS $24,846,326 $24,846,326 $24,846,326 Contributions, Donations, and Forfeitures $16,250 $16,250 $16,250 Contributions, Donations, and Forfeitures Not Itemized $16,250 $16,250 $16,250 704 JOURNAL OF THE SENATE Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $11,162,478 $11,162,478 $13,667,598 $13,667,598 $312,818,359 $11,162,478 $11,162,478 $13,667,598 $13,667,598 $311,794,193 $11,162,478 $11,162,478 $13,667,598 $13,667,598 $311,794,193 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office. TOTAL STATE FUNDS $120,092,508 $120,092,508 $120,092,508 State General Funds $119,770,524 $119,770,524 $119,770,524 Tobacco Settlement Funds $321,984 $321,984 $321,984 TOTAL FEDERAL FUNDS $123,483,461 $123,483,461 $123,483,461 Child Care & Development Block Grant CFDA93.575 $308,015 $308,015 $308,015 CCDF Mandatory & Matching Funds CFDA93.596 $1,293,026 $1,293,026 $1,293,026 Community Services Block Grant CFDA93.569 $4,069 $4,069 $4,069 Federal Funds Not Itemized $44,989,030 $44,989,030 $44,989,030 Foster Care Title IV-E CFDA93.658 $9,837,170 $9,837,170 $9,837,170 Low-Income Home Energy Assistance CFDA93.568 $346,557 $346,557 $346,557 Medical Assistance Program CFDA93.778 $31,567,459 $31,567,459 $31,567,459 Preventive Health & Health Services Block Grant CFDA93.991 $31,070 $31,070 $31,070 Social Services Block Grant CFDA93.667 $9,953,930 $9,953,930 $9,953,930 Temporary Assistance for Needy Families $25,153,135 $25,153,135 $25,153,135 Temporary Assistance for Needy Families Grant CFDA93.558 $25,153,135 $25,153,135 $25,153,135 TOTAL AGENCY FUNDS $23,872,058 $23,872,058 $23,872,058 Contributions, Donations, and Forfeitures $18,000,008 $18,000,008 $18,000,008 TANF Maintenance-of-Effort from External Sources $18,000,000 $18,000,000 $18,000,000 Contributions, Donations, and Forfeitures Not Itemized $8 $8 $8 Intergovernmental Transfers $2 $2 $2 Intergovernmental Transfers Not Itemized $2 $2 $2 Rebates, Refunds, and Reimbursements $2,915 $2,915 $2,915 Rebates, Refunds, and Reimbursements Not Itemized $2,915 $2,915 $2,915 Royalties and Rents $2,240,293 $2,240,293 $2,240,293 Royalties and Rents Not Itemized $2,240,293 $2,240,293 $2,240,293 THURSDAY, FEBRUARY 21, 2008 705 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $3,628,840 $3,628,840 $3 $3 $2 $1 $267,448,030 $3,628,840 $3,628,840 $3 $3 $2 $1 $267,448,030 $3,628,840 $3,628,840 $3 $3 $2 $1 $267,448,030 194.1 Transfer funds from the Adult Addictive Diseases Services program to align the budget with projected expenditures. State General Funds $1,938,303 $1,938,303 $1,938,303 194.2 Transfer funds to the Support for Needy Families - Family Assistance program to align the budget with projected expenditures. Temporary Assistance for Needy Families Grant CFDA93.558 ($2,000,000) ($2,000,000) ($2,000,000) 194.3 Reduce funds from Maintenance of Effort (MOE) calculations to reflect cash flow to operate the program. TANF Maintenance-of-Effort from External Sources ($18,000,000) ($18,000,000) $0 194.4 Transfer funds to the Child Welfare Services program to align the budget with projected expenditures. State General Funds ($5,000,000) ($5,000,000) ($5,000,000) 194.5 Transfer funds to the Child and Adolescent Mental Health Services program to align the budget with projected expenditures. State General Funds ($109,145) ($109,145) ($109,145) 194.6 Transfer funds to the Inspections and Environmental Hazard Control program for Environmental Health Director positions in the program where activities occur. State General Funds ($1,240,352) ($1,240,352) ($1,240,352) 194.7 Transfer funds to the Infectious Disease Control program to align the budget with the program where laboratory activities occur. State General Funds ($787,183) ($787,183) ($787,183) 194.8 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($245,850) ($245,850) 194.9 Reduce funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 ($1,568,311) 194.10 Reduce one-time funds received in the Child and Adolescent Development Disabilities program for the Matthew Reardon Center. State General Funds ($200,000) 706 JOURNAL OF THE SENATE 194.0 Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office. TOTAL STATE FUNDS $114,894,131 $114,648,281 $114,448,281 State General Funds $114,572,147 $114,326,297 $114,126,297 Tobacco Settlement Funds $321,984 $321,984 $321,984 TOTAL FEDERAL FUNDS $121,483,461 $121,483,461 $119,915,150 Child Care & Development Block Grant CFDA93.575 $308,015 $308,015 $308,015 CCDF Mandatory & Matching Funds CFDA93.596 $1,293,026 $1,293,026 $1,293,026 Community Services Block Grant CFDA93.569 $4,069 $4,069 $4,069 Federal Funds Not Itemized $44,989,030 $44,989,030 $44,989,030 Foster Care Title IV-E CFDA93.658 $9,837,170 $9,837,170 $9,837,170 Low-Income Home Energy Assistance CFDA93.568 $346,557 $346,557 $346,557 Medical Assistance Program CFDA93.778 $31,567,459 $31,567,459 $31,567,459 Preventive Health & Health Services Block Grant CFDA93.991 $31,070 $31,070 $31,070 Social Services Block Grant CFDA93.667 $9,953,930 $9,953,930 $9,953,930 Temporary Assistance for Needy Families $23,153,135 $23,153,135 $21,584,824 Temporary Assistance for Needy Families Grant CFDA93.558 $23,153,135 $23,153,135 $21,584,824 TOTAL AGENCY FUNDS $5,872,058 $5,872,058 $23,872,058 Contributions, Donations, and Forfeitures $8 $8 $18,000,008 TANF Maintenance-of-Effort from External Sources $18,000,000 Contributions, Donations, and Forfeitures Not Itemized $8 $8 $8 Intergovernmental Transfers $2 $2 $2 Intergovernmental Transfers Not Itemized $2 $2 $2 Rebates, Refunds, and Reimbursements $2,915 $2,915 $2,915 Rebates, Refunds, and Reimbursements Not Itemized $2,915 $2,915 $2,915 Royalties and Rents $2,240,293 $2,240,293 $2,240,293 Royalties and Rents Not Itemized $2,240,293 $2,240,293 $2,240,293 Sales and Services $3,628,840 $3,628,840 $3,628,840 Sales and Services Not Itemized $3,628,840 $3,628,840 $3,628,840 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3 $3 $3 State Funds Transfers $3 $3 $3 Agency to Agency Contracts $2 $2 $2 Optional Medicaid Services Payments $1 $1 $1 THURSDAY, FEBRUARY 21, 2008 707 TOTAL PUBLIC FUNDS $242,249,653 $242,003,803 $258,235,492 Direct Care and Support Services Continuation Budget The purpose of this appropriation is to provide facility support services and direct patient support therapies. TOTAL STATE FUNDS $108,039,606 $108,039,606 $108,039,606 State General Funds $108,039,606 $108,039,606 $108,039,606 TOTAL FEDERAL FUNDS $6,205,532 $6,205,532 $6,205,532 Federal Funds Not Itemized $6,205,526 $6,205,526 $6,205,526 Medical Assistance Program CFDA93.778 $6 $6 $6 TOTAL AGENCY FUNDS $43,191,003 $43,191,003 $43,191,003 Contributions, Donations, and Forfeitures $266,668 $266,668 $266,668 Contributions, Donations, and Forfeitures Not Itemized $266,668 $266,668 $266,668 Reserved Fund Balances $148,000 $148,000 $148,000 Reserved Fund Balances Not Itemized $148,000 $148,000 $148,000 Sales and Services $42,776,335 $42,776,335 $42,776,335 Sales and Services Not Itemized $42,776,335 $42,776,335 $42,776,335 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,155,534 $5,155,534 $5,155,534 State Funds Transfers $5,155,534 $5,155,534 $5,155,534 Agency to Agency Contracts $5,155,534 $5,155,534 $5,155,534 TOTAL PUBLIC FUNDS $162,591,675 $162,591,675 $162,591,675 195.1 Transfer funds from the Child and Adolescent Mental Health Services program to align the budget with projected expenditures. State General Funds $766,723 $766,723 $766,723 195.2 Transfer funds from the Adult Addictive Diseases Services program to align the budget with projected expenditures. State General Funds $146,613 $146,613 $146,613 195.3 Transfer funds from the Child and Adolescent Addictive Diseases Services program to align the budget with projected expenditures. State General Funds $1,868,277 $1,868,277 $1,868,277 195.4 Increase funds to improve hospital operations and quality of care. State General Funds $7,200,000 $7,200,000 $7,200,000 195.5 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($106,697) ($106,697) 708 JOURNAL OF THE SENATE 195.0 Direct Care and Support Services Appropriation (HB 989) The purpose of this appropriation is to provide facility support services and direct patient support therapies. TOTAL STATE FUNDS $118,021,219 $117,914,522 $117,914,522 State General Funds $118,021,219 $117,914,522 $117,914,522 TOTAL FEDERAL FUNDS $6,205,532 $6,205,532 $6,205,532 Federal Funds Not Itemized $6,205,526 $6,205,526 $6,205,526 Medical Assistance Program CFDA93.778 $6 $6 $6 TOTAL AGENCY FUNDS $43,191,003 $43,191,003 $43,191,003 Contributions, Donations, and Forfeitures $266,668 $266,668 $266,668 Contributions, Donations, and Forfeitures Not Itemized $266,668 $266,668 $266,668 Reserved Fund Balances $148,000 $148,000 $148,000 Reserved Fund Balances Not Itemized $148,000 $148,000 $148,000 Sales and Services $42,776,335 $42,776,335 $42,776,335 Sales and Services Not Itemized $42,776,335 $42,776,335 $42,776,335 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,155,534 $5,155,534 $5,155,534 State Funds Transfers $5,155,534 $5,155,534 $5,155,534 Agency to Agency Contracts $5,155,534 $5,155,534 $5,155,534 TOTAL PUBLIC FUNDS $172,573,288 $172,466,591 $172,466,591 Elder Abuse Investigations and Prevention Continuation Budget 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. TOTAL STATE FUNDS $10,200,245 $10,200,245 $10,200,245 State General Funds $10,200,245 $10,200,245 $10,200,245 TOTAL FEDERAL FUNDS $7,049,297 $7,049,297 $7,049,297 Federal Funds Not Itemized $591,695 $591,695 $591,695 Medical Assistance Program CFDA93.778 $4,178,063 $4,178,063 $4,178,063 Social Services Block Grant CFDA93.667 $2,279,539 $2,279,539 $2,279,539 TOTAL AGENCY FUNDS $45,260 $45,260 $45,260 Sales and Services $45,260 $45,260 $45,260 Sales and Services Not Itemized $45,260 $45,260 $45,260 TOTAL PUBLIC FUNDS $17,294,802 $17,294,802 $17,294,802 196.1 Increase funds to replace Targeted Case Management funds for the provision of Adult Protective Services. THURSDAY, FEBRUARY 21, 2008 709 State General Funds $1,800,000 $3,400,000 $3,400,000 196.2 Reduce funds to reflect the loss of federal funds from revisions of the administrative rules. Medical Assistance Program CFDA93.778 ($1,800,000) ($1,800,000) ($1,800,000) 196.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $16,501 $16,501 196.0 Elder Abuse Investigations and Prevention Appropriation (HB 989) 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. TOTAL STATE FUNDS $12,000,245 $13,616,746 $13,616,746 State General Funds $12,000,245 $13,616,746 $13,616,746 TOTAL FEDERAL FUNDS $5,249,297 $5,249,297 $5,249,297 Federal Funds Not Itemized $591,695 $591,695 $591,695 Medical Assistance Program CFDA93.778 $2,378,063 $2,378,063 $2,378,063 Social Services Block Grant CFDA93.667 $2,279,539 $2,279,539 $2,279,539 TOTAL AGENCY FUNDS $45,260 $45,260 $45,260 Sales and Services $45,260 $45,260 $45,260 Sales and Services Not Itemized $45,260 $45,260 $45,260 TOTAL PUBLIC FUNDS $17,294,802 $18,911,303 $18,911,303 Elder Community Living Services Continuation Budget 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 $78,165,981 $78,165,981 $78,165,981 State General Funds $74,501,248 $74,501,248 $74,501,248 Tobacco Settlement Funds $3,664,733 $3,664,733 $3,664,733 TOTAL FEDERAL FUNDS $41,149,138 $41,149,138 $41,149,138 Federal Funds Not Itemized $23,789,037 $23,789,037 $23,789,037 Medical Assistance Program CFDA93.778 $13,598,671 $13,598,671 $13,598,671 Social Services Block Grant CFDA93.667 $3,761,430 $3,761,430 $3,761,430 TOTAL PUBLIC FUNDS $119,315,119 $119,315,119 $119,315,119 197.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. 710 JOURNAL OF THE SENATE State General Funds ($2,001) ($2,001) 197.0 Elder Community Living Services Appropriation (HB 989) 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 $78,165,981 $78,163,980 $78,163,980 State General Funds $74,501,248 $74,499,247 $74,499,247 Tobacco Settlement Funds $3,664,733 $3,664,733 $3,664,733 TOTAL FEDERAL FUNDS $41,149,138 $41,149,138 $41,149,138 Federal Funds Not Itemized $23,789,037 $23,789,037 $23,789,037 Medical Assistance Program CFDA93.778 $13,598,671 $13,598,671 $13,598,671 Social Services Block Grant CFDA93.667 $3,761,430 $3,761,430 $3,761,430 TOTAL PUBLIC FUNDS $119,315,119 $119,313,118 $119,313,118 Elder Support Services Continuation Budget 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 $3,557,708 $3,557,708 $3,557,708 State General Funds $1,030,635 $1,030,635 $1,030,635 Tobacco Settlement Funds $2,527,073 $2,527,073 $2,527,073 TOTAL FEDERAL FUNDS $5,901,407 $5,901,407 $5,901,407 Federal Funds Not Itemized $5,901,407 $5,901,407 $5,901,407 TOTAL PUBLIC FUNDS $9,459,115 $9,459,115 $9,459,115 198.1 Increase funds for Meals on Wheels and congregate meals for at-risk seniors to replace the loss of federal funds. State General Funds $300,000 $300,000 198.2 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($163) ($163) 198.0 Elder Support Services Appropriation (HB 989) 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 $3,557,708 $3,857,545 $3,857,545 State General Funds $1,030,635 $1,330,472 $1,330,472 Tobacco Settlement Funds $2,527,073 $2,527,073 $2,527,073 THURSDAY, FEBRUARY 21, 2008 711 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $5,901,407 $5,901,407 $9,459,115 $5,901,407 $5,901,407 $9,758,952 $5,901,407 $5,901,407 $9,758,952 Eligibility Determination Continuation Budget 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. TOTAL STATE FUNDS $26,942,155 $26,942,155 $26,942,155 State General Funds $26,942,155 $26,942,155 $26,942,155 TOTAL FEDERAL FUNDS $28,565,198 $28,565,198 $28,565,198 Medical Assistance Program CFDA93.778 $28,565,198 $28,565,198 $28,565,198 TOTAL AGENCY FUNDS $4,187,397 $4,187,397 $4,187,397 Intergovernmental Transfers $4,187,397 $4,187,397 $4,187,397 Intergovernmental Transfers Not Itemized $4,187,397 $4,187,397 $4,187,397 TOTAL PUBLIC FUNDS $59,694,750 $59,694,750 $59,694,750 199.1 Transfer funds from the Support for Needy Families-Work Assistance program to align the budget with projected expenditures. State General Funds $11,924,766 $11,924,766 $11,924,766 199.2 Transfer funds from the Out-of-Home Care program to align the budget with projected expenditures. State General Funds $3,978,140 $3,978,140 $3,978,140 199.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $55,610 $55,610 199.0 Eligibility Determination Appropriation (HB 989) 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. TOTAL STATE FUNDS $42,845,061 $42,900,671 $42,900,671 State General Funds $42,845,061 $42,900,671 $42,900,671 TOTAL FEDERAL FUNDS $28,565,198 $28,565,198 $28,565,198 Medical Assistance Program CFDA93.778 $28,565,198 $28,565,198 $28,565,198 TOTAL AGENCY FUNDS $4,187,397 $4,187,397 $4,187,397 Intergovernmental Transfers $4,187,397 $4,187,397 $4,187,397 Intergovernmental Transfers Not Itemized $4,187,397 $4,187,397 $4,187,397 TOTAL PUBLIC FUNDS $75,597,656 $75,653,266 $75,653,266 712 JOURNAL OF THE SENATE Emergency Preparedness / Trauma System Improvement Continuation Budget 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. TOTAL STATE FUNDS $13,347,797 $13,347,797 $13,347,797 State General Funds $13,347,797 $13,347,797 $13,347,797 TOTAL FEDERAL FUNDS $42,120,108 $42,120,108 $42,120,108 Federal Funds Not Itemized $40,972,604 $40,972,604 $40,972,604 Preventive Health & Health Services Block Grant CFDA93.991 $1,147,504 $1,147,504 $1,147,504 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1 $1 $1 State Funds Transfers $1 $1 $1 Agency to Agency Contracts $1 $1 $1 TOTAL PUBLIC FUNDS $55,467,906 $55,467,906 $55,467,906 200.1 Increase funds for Georgia's Trauma Network Commission to reimburse trauma expenses for physicians, emergency medical services providers, and hospitals to improve the trauma network. State General Funds $53,402,769 $53,402,769 $53,402,769 200.2 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($5,445) ($5,445) 200.3 Increase funds for trauma related capital equipment, including but not limited to ambulances and emergency medical helicopters. State General Funds $6,463,332 200.0 Emergency Preparedness / Trauma System Improvement Appropriation (HB 989) 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. TOTAL STATE FUNDS $66,750,566 $66,745,121 $73,208,453 State General Funds $66,750,566 $66,745,121 $73,208,453 TOTAL FEDERAL FUNDS $42,120,108 $42,120,108 $42,120,108 Federal Funds Not Itemized $40,972,604 $40,972,604 $40,972,604 Preventive Health & Health Services Block Grant CFDA93.991 $1,147,504 $1,147,504 $1,147,504 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1 $1 $1 State Funds Transfers $1 $1 $1 Agency to Agency Contracts $1 $1 $1 TOTAL PUBLIC FUNDS $108,870,675 $108,865,230 $115,328,562 THURSDAY, FEBRUARY 21, 2008 713 Energy Assistance Continuation Budget The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL FEDERAL FUNDS $24,281,180 $24,281,180 $24,281,180 Low-Income Home Energy Assistance CFDA93.568 $24,281,180 $24,281,180 $24,281,180 TOTAL AGENCY FUNDS $4,384,452 $4,384,452 $4,384,452 Contributions, Donations, and Forfeitures $804,904 $804,904 $804,904 Contributions, Donations, and Forfeitures Not Itemized $804,904 $804,904 $804,904 Intergovernmental Transfers $3,579,548 $3,579,548 $3,579,548 Intergovernmental Transfers Not Itemized $3,579,548 $3,579,548 $3,579,548 TOTAL PUBLIC FUNDS $28,665,632 $28,665,632 $28,665,632 201.0 Energy Assistance Appropriation (HB 989) The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs. TOTAL FEDERAL FUNDS $24,281,180 $24,281,180 $24,281,180 Low-Income Home Energy Assistance CFDA93.568 $24,281,180 $24,281,180 $24,281,180 TOTAL AGENCY FUNDS $4,384,452 $4,384,452 $4,384,452 Contributions, Donations, and Forfeitures $804,904 $804,904 $804,904 Contributions, Donations, and Forfeitures Not Itemized $804,904 $804,904 $804,904 Intergovernmental Transfers $3,579,548 $3,579,548 $3,579,548 Intergovernmental Transfers Not Itemized $3,579,548 $3,579,548 $3,579,548 TOTAL PUBLIC FUNDS $28,665,632 $28,665,632 $28,665,632 Epidemiology Continuation Budget The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. TOTAL STATE FUNDS $6,116,285 $6,116,285 $6,116,285 State General Funds $6,000,648 $6,000,648 $6,000,648 Tobacco Settlement Funds $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $5,008,425 $5,008,425 $5,008,425 Federal Funds Not Itemized $4,606,155 $4,606,155 $4,606,155 Medical Assistance Program CFDA93.778 $205,520 $205,520 $205,520 Preventive Health & Health Services Block Grant CFDA93.991 $196,750 $196,750 $196,750 714 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS $111,062 $111,062 $111,062 Contributions, Donations, and Forfeitures $111,062 $111,062 $111,062 Contributions, Donations, and Forfeitures Not Itemized $111,062 $111,062 $111,062 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $52,820 $52,820 $52,820 State Funds Transfers $52,820 $52,820 $52,820 Agency to Agency Contracts $52,820 $52,820 $52,820 TOTAL PUBLIC FUNDS $11,288,592 $11,288,592 $11,288,592 202.1 Transfer funds to the Infant and Child Essential Health Treatment Services program for a sickle cell bus. State General Funds ($300,000) ($300,000) ($300,000) 202.2 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($21,192) ($21,192) 202.0 Epidemiology Appropriation (HB 989) The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. TOTAL STATE FUNDS $5,816,285 $5,795,093 $5,795,093 State General Funds $5,700,648 $5,679,456 $5,679,456 Tobacco Settlement Funds $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $5,008,425 $5,008,425 $5,008,425 Federal Funds Not Itemized $4,606,155 $4,606,155 $4,606,155 Medical Assistance Program CFDA93.778 $205,520 $205,520 $205,520 Preventive Health & Health Services Block Grant CFDA93.991 $196,750 $196,750 $196,750 TOTAL AGENCY FUNDS $111,062 $111,062 $111,062 Contributions, Donations, and Forfeitures $111,062 $111,062 $111,062 Contributions, Donations, and Forfeitures Not Itemized $111,062 $111,062 $111,062 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $52,820 $52,820 $52,820 State Funds Transfers $52,820 $52,820 $52,820 Agency to Agency Contracts $52,820 $52,820 $52,820 TOTAL PUBLIC FUNDS $10,988,592 $10,967,400 $10,967,400 Facility and Provider Regulation Continuation Budget The purpose of this appropriation is to inspect and license adult day services, foster care residential facilities, child placing agencies, long term care and health care facilities. TOTAL STATE FUNDS $7,995,191 $7,995,191 $7,995,191 THURSDAY, FEBRUARY 21, 2008 715 State General Funds $7,995,191 $7,995,191 $7,995,191 TOTAL FEDERAL FUNDS $7,153,894 $7,153,894 $7,153,894 Federal Funds Not Itemized $4,770,250 $4,770,250 $4,770,250 Foster Care Title IV-E CFDA93.658 $287,568 $287,568 $287,568 Medical Assistance Program CFDA93.778 $2,096,076 $2,096,076 $2,096,076 TOTAL PUBLIC FUNDS $15,149,085 $15,149,085 $15,149,085 203.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $23,895 $23,895 203.0 Facility and Provider Regulation Appropriation (HB 989) The purpose of this appropriation is to inspect and license adult day services, foster care residential facilities, child placing agencies, long term care and health care facilities. TOTAL STATE FUNDS $7,995,191 $8,019,086 $8,019,086 State General Funds $7,995,191 $8,019,086 $8,019,086 TOTAL FEDERAL FUNDS $7,153,894 $7,153,894 $7,153,894 Federal Funds Not Itemized $4,770,250 $4,770,250 $4,770,250 Foster Care Title IV-E CFDA93.658 $287,568 $287,568 $287,568 Medical Assistance Program CFDA93.778 $2,096,076 $2,096,076 $2,096,076 TOTAL PUBLIC FUNDS $15,149,085 $15,172,980 $15,172,980 Family Connection Continuation Budget 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 $9,406,637 $9,406,637 $9,406,637 State General Funds $9,406,637 $9,406,637 $9,406,637 TOTAL FEDERAL FUNDS $2,468,771 $2,468,771 $2,468,771 Medical Assistance Program CFDA93.778 $1,268,771 $1,268,771 $1,268,771 Temporary Assistance for Needy Families $1,200,000 $1,200,000 $1,200,000 Temporary Assistance for Needy Families Grant CFDA93.558 $1,200,000 $1,200,000 $1,200,000 TOTAL PUBLIC FUNDS $11,875,408 $11,875,408 $11,875,408 204.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($188) ($188) 716 JOURNAL OF THE SENATE 204.0 Family Connection Appropriation (HB 989) 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 $9,406,637 $9,406,449 $9,406,449 State General Funds $9,406,637 $9,406,449 $9,406,449 TOTAL FEDERAL FUNDS $2,468,771 $2,468,771 $2,468,771 Medical Assistance Program CFDA93.778 $1,268,771 $1,268,771 $1,268,771 Temporary Assistance for Needy Families $1,200,000 $1,200,000 $1,200,000 Temporary Assistance for Needy Families Grant CFDA93.558 $1,200,000 $1,200,000 $1,200,000 TOTAL PUBLIC FUNDS $11,875,408 $11,875,220 $11,875,220 Family Violence Services Continuation Budget The purpose of this appropriation is to provide safe shelter and related services for victims of family violence. 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 $7,848,758 $7,848,758 $7,848,758 Federal Funds Not Itemized $2,083,044 $2,083,044 $2,083,044 Preventive Health & Health Services Block Grant CFDA93.991 $200,470 $200,470 $200,470 Temporary Assistance for Needy Families $5,565,244 $5,565,244 $5,565,244 Temporary Assistance for Needy Families Grant CFDA93.558 $5,565,244 $5,565,244 $5,565,244 TOTAL PUBLIC FUNDS $12,550,708 $12,550,708 $12,550,708 205.0 Family Violence Services Appropriation (HB 989) The purpose of this appropriation is to provide safe shelter and related services for victims of family violence. TOTAL STATE FUNDS $4,701,950 State General Funds $4,701,950 TOTAL FEDERAL FUNDS $7,848,758 Federal Funds Not Itemized $2,083,044 Preventive Health & Health Services Block Grant CFDA93.991 $200,470 Temporary Assistance for Needy Families $5,565,244 Temporary Assistance for Needy Families Grant CFDA93.558 $5,565,244 TOTAL PUBLIC FUNDS $12,550,708 $4,701,950 $4,701,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $12,550,708 $4,701,950 $4,701,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $12,550,708 THURSDAY, FEBRUARY 21, 2008 717 Federal Unobligated Balances Continuation Budget The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are provided. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL FEDERAL FUNDS $39,024,293 $39,024,293 $39,024,293 TANF Unobligated Balance per 42 USC 604 $39,024,293 $39,024,293 $39,024,293 TOTAL PUBLIC FUNDS $39,024,293 $39,024,293 $39,024,293 206.1 Transfer funds to the Out-of-Home Care program to cover the projected shortfall. (S:Reflect Unobligated Balance Usage in the Support for Needy Families-Basic Assistance Program) TANF Unobligated Balance per 42 USC 604 ($39,024,293) ($39,024,293) ($65,652,812) 206.2 Increase funds to reflect the federal unobligated balance on the ACF-196 submission form as of September 30, 2007. TANF Unobligated Balance per 42 USC 604 $114,247,340 206.0 Federal Unobligated Balances Appropriation (HB 989) The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are provided. TOTAL FEDERAL FUNDS $87,618,821 TANF Unobligated Balance per 42 USC 604 $87,618,821 TOTAL PUBLIC FUNDS $87,618,821 Food Stamp Eligibility and Benefits Continuation Budget 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. TOTAL STATE FUNDS $25,547,915 $25,547,915 $25,547,915 State General Funds $25,547,915 $25,547,915 $25,547,915 TOTAL FEDERAL FUNDS $31,522,747 $31,522,747 $31,522,747 Federal Funds Not Itemized $31,522,747 $31,522,747 $31,522,747 TOTAL AGENCY FUNDS $12,409 $12,409 $12,409 Sales and Services $12,409 $12,409 $12,409 Sales and Services Not Itemized $12,409 $12,409 $12,409 TOTAL PUBLIC FUNDS $57,083,071 $57,083,071 $57,083,071 207.1 Transfer funds from the Support for Needy Families-Family Assistance program to align the budget with projected expenditures. State General Funds $2,564,707 $2,564,707 $2,564,707 207.2 Transfer funds from the Support for Needy Families-Basic Assistance program to align the budget with projected 718 JOURNAL OF THE SENATE expenditures. State General Funds $8,715,527 $8,715,527 $8,715,527 207.3 Transfer funds from the Out-of-Home Care program to align the budget with projected expenditures. State General Funds $2,118,076 $2,118,076 $2,118,076 207.4 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $88,045 $88,045 207.0 Food Stamp Eligibility and Benefits Appropriation (HB 989) 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. TOTAL STATE FUNDS $38,946,225 $39,034,270 $39,034,270 State General Funds $38,946,225 $39,034,270 $39,034,270 TOTAL FEDERAL FUNDS $31,522,747 $31,522,747 $31,522,747 Federal Funds Not Itemized $31,522,747 $31,522,747 $31,522,747 TOTAL AGENCY FUNDS $12,409 $12,409 $12,409 Sales and Services $12,409 $12,409 $12,409 Sales and Services Not Itemized $12,409 $12,409 $12,409 TOTAL PUBLIC FUNDS $70,481,381 $70,569,426 $70,569,426 Immunization Continuation Budget The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $11,725,931 $11,725,931 $11,725,931 State General Funds $11,725,931 $11,725,931 $11,725,931 TOTAL FEDERAL FUNDS $14,566,629 $14,566,629 $14,566,629 Federal Funds Not Itemized $7,100,170 $7,100,170 $7,100,170 Maternal & Child Health Services Block Grant CFDA93.994 $6,762,746 $6,762,746 $6,762,746 Medical Assistance Program CFDA93.778 $1 $1 $1 Preventive Health & Health Services Block Grant CFDA93.991 $703,712 $703,712 $703,712 TOTAL PUBLIC FUNDS $26,292,560 $26,292,560 $26,292,560 208.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($27,119) ($27,119) THURSDAY, FEBRUARY 21, 2008 719 208.0 Immunization Appropriation (HB 989) The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $11,725,931 $11,698,812 $11,698,812 State General Funds $11,725,931 $11,698,812 $11,698,812 TOTAL FEDERAL FUNDS $14,566,629 $14,566,629 $14,566,629 Federal Funds Not Itemized $7,100,170 $7,100,170 $7,100,170 Maternal & Child Health Services Block Grant CFDA93.994 $6,762,746 $6,762,746 $6,762,746 Medical Assistance Program CFDA93.778 $1 $1 $1 Preventive Health & Health Services Block Grant CFDA93.991 $703,712 $703,712 $703,712 TOTAL PUBLIC FUNDS $26,292,560 $26,265,441 $26,265,441 Infant and Child Essential Health Treatment Services Continuation Budget 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 $38,961,028 $38,961,028 $38,961,028 State General Funds $38,961,028 $38,961,028 $38,961,028 TOTAL FEDERAL FUNDS $27,939,201 $27,939,201 $27,939,201 Federal Funds Not Itemized $18,046,912 $18,046,912 $18,046,912 Maternal & Child Health Services Block Grant CFDA93.994 $8,086,561 $8,086,561 $8,086,561 Medical Assistance Program CFDA93.778 $1,538,372 $1,538,372 $1,538,372 Preventive Health & Health Services Block Grant CFDA93.991 $267,356 $267,356 $267,356 TOTAL PUBLIC FUNDS $66,900,229 $66,900,229 $66,900,229 209.1 Transfer local grant-in-aid funds to the Inspections and Environmental Hazard Control program to reflect projected expenses. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) 209.2 Transfer funds from the Epidemiology program for a sickle cell bus. State General Funds $300,000 $300,000 $300,000 209.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($60,086) ($60,086) 209.0 Infant and Child Essential Health Treatment Services Appropriation (HB 989) 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 $38,261,028 $38,200,942 $38,200,942 720 JOURNAL OF THE SENATE State General 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 CFDA93.991 TOTAL PUBLIC FUNDS $38,261,028 $27,939,201 $18,046,912 $8,086,561 $1,538,372 $267,356 $66,200,229 $38,200,942 $27,939,201 $18,046,912 $8,086,561 $1,538,372 $267,356 $66,140,143 $38,200,942 $27,939,201 $18,046,912 $8,086,561 $1,538,372 $267,356 $66,140,143 Infant and Child Health Promotion Continuation Budget The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS $20,972,559 $20,972,559 $20,972,559 State General Funds $20,972,559 $20,972,559 $20,972,559 TOTAL FEDERAL FUNDS $270,426,958 $270,426,958 $270,426,958 Federal Funds Not Itemized $258,207,935 $258,207,935 $258,207,935 Maternal & Child Health Services Block Grant CFDA93.994 $3,813,329 $3,813,329 $3,813,329 Medical Assistance Program CFDA93.778 $6,364,702 $6,364,702 $6,364,702 Preventive Health & Health Services Block Grant CFDA93.991 $2,040,992 $2,040,992 $2,040,992 TOTAL AGENCY FUNDS $2,289,216 $2,289,216 $2,289,216 Contributions, Donations, and Forfeitures $1 $1 $1 Contributions, Donations, and Forfeitures Not Itemized $1 $1 $1 Sales and Services $2,289,215 $2,289,215 $2,289,215 Sales and Services Not Itemized $2,289,215 $2,289,215 $2,289,215 TOTAL PUBLIC FUNDS $293,688,733 $293,688,733 $293,688,733 210.1 Increase funds to reflect fees collected by the newborn screening program. State General Funds $5,600,000 $5,600,000 $5,600,000 210.2 Transfer funds to the Adolescent and Adult Health Promotion program to accurately reflect salary and health benefit increases from FY08. State General Funds ($165,188) ($165,188) ($165,188) 210.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $112,368 $112,368 210.0 Infant and Child Health Promotion Appropriation (HB 989) The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. THURSDAY, FEBRUARY 21, 2008 721 TOTAL STATE FUNDS $26,407,371 State General Funds $26,407,371 TOTAL FEDERAL FUNDS $270,426,958 Federal Funds Not Itemized $258,207,935 Maternal & Child Health Services Block Grant CFDA93.994 $3,813,329 Medical Assistance Program CFDA93.778 $6,364,702 Preventive Health & Health Services Block Grant CFDA93.991 $2,040,992 TOTAL AGENCY FUNDS $2,289,216 Contributions, Donations, and Forfeitures $1 Contributions, Donations, and Forfeitures Not Itemized $1 Sales and Services $2,289,215 Sales and Services Not Itemized $2,289,215 TOTAL PUBLIC FUNDS $299,123,545 $26,519,739 $26,519,739 $270,426,958 $258,207,935 $3,813,329 $6,364,702 $2,040,992 $2,289,216 $1 $1 $2,289,215 $2,289,215 $299,235,913 $26,519,739 $26,519,739 $270,426,958 $258,207,935 $3,813,329 $6,364,702 $2,040,992 $2,289,216 $1 $1 $2,289,215 $2,289,215 $299,235,913 Infectious Disease Control Continuation Budget The purpose of this appropriation is to ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases. TOTAL STATE FUNDS $39,203,771 $39,203,771 $39,203,771 State General Funds $39,203,771 $39,203,771 $39,203,771 TOTAL FEDERAL FUNDS $56,770,150 $56,770,150 $56,770,150 Federal Funds Not Itemized $56,517,550 $56,517,550 $56,517,550 Maternal & Child Health Services Block Grant CFDA93.994 $83,866 $83,866 $83,866 Medical Assistance Program CFDA93.778 $168,734 $168,734 $168,734 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 $96,123,921 $96,123,921 $96,123,921 211.1 Transfer funds from the Departmental Administration program to align the budget with the program where laboratory activities occur. State General Funds $787,183 $787,183 $787,183 211.2 Transfer funds from the Adolescent and Adult Health Promotion program to align the budget with the program where laboratory activities occur. State General Funds $523,126 $523,126 $523,126 722 JOURNAL OF THE SENATE Medical Assistance Program CFDA93.778 $145,397 $145,397 $145,397 TOTAL PUBLIC FUNDS $668,523 $668,523 $668,523 211.3 Transfer local grant-in-aid funds to the Inspections and Environmental Hazard Control program to reflect expenses. State General Funds ($500,000) ($500,000) ($500,000) 211.4 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($114,203) ($114,203) 211.0 Infectious Disease Control Appropriation (HB 989) The purpose of this appropriation is to ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases. TOTAL STATE FUNDS $40,014,080 $39,899,877 $39,899,877 State General Funds $40,014,080 $39,899,877 $39,899,877 TOTAL FEDERAL FUNDS $56,915,547 $56,915,547 $56,915,547 Federal Funds Not Itemized $56,517,550 $56,517,550 $56,517,550 Maternal & Child Health Services Block Grant CFDA93.994 $83,866 $83,866 $83,866 Medical Assistance Program CFDA93.778 $314,131 $314,131 $314,131 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 $97,079,627 $96,965,424 $96,965,424 Injury Prevention Continuation Budget 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. TOTAL STATE FUNDS $1,217,701 $1,217,701 $1,217,701 State General Funds $1,067,701 $1,067,701 $1,067,701 Tobacco Settlement Funds $150,000 $150,000 $150,000 TOTAL FEDERAL FUNDS $378,238 $378,238 $378,238 Federal Funds Not Itemized $236,808 $236,808 $236,808 Medical Assistance Program CFDA93.778 $29,425 $29,425 $29,425 Preventive Health & Health Services Block Grant CFDA93.991 $112,005 $112,005 $112,005 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $758,553 $758,553 $758,553 Federal Funds Transfers $758,553 $758,553 $758,553 THURSDAY, FEBRUARY 21, 2008 723 FF Highway Safety Improvement Grants CFDA20.603 $14,372 $14,372 $14,372 FF State and Community Highway Safety CFDA20.600 $744,181 $744,181 $744,181 TOTAL PUBLIC FUNDS $2,354,492 $2,354,492 $2,354,492 212.0 Injury Prevention Appropriation (HB 989) 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. TOTAL STATE FUNDS $1,217,701 $1,217,701 $1,217,701 State General Funds $1,067,701 $1,067,701 $1,067,701 Tobacco Settlement Funds $150,000 $150,000 $150,000 TOTAL FEDERAL FUNDS $378,238 $378,238 $378,238 Federal Funds Not Itemized $236,808 $236,808 $236,808 Medical Assistance Program CFDA93.778 $29,425 $29,425 $29,425 Preventive Health & Health Services Block Grant CFDA93.991 $112,005 $112,005 $112,005 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $758,553 $758,553 $758,553 Federal Funds Transfers $758,553 $758,553 $758,553 FF Highway Safety Improvement Grants CFDA20.603 $14,372 $14,372 $14,372 FF State and Community Highway Safety CFDA20.600 $744,181 $744,181 $744,181 TOTAL PUBLIC FUNDS $2,354,492 $2,354,492 $2,354,492 Inspections and Environmental Hazard Control Continuation Budget 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 $15,025,089 $15,025,089 $15,025,089 State General Funds $15,025,089 $15,025,089 $15,025,089 TOTAL FEDERAL FUNDS $1,135,859 $1,135,859 $1,135,859 Federal Funds Not Itemized $531,262 $531,262 $531,262 Maternal & Child Health Services Block Grant CFDA93.994 $194,703 $194,703 $194,703 Medical Assistance Program CFDA93.778 $73,122 $73,122 $73,122 Preventive Health & Health Services Block Grant CFDA93.991 $336,772 $336,772 $336,772 TOTAL AGENCY FUNDS $438,262 $438,262 $438,262 Sales and Services $438,262 $438,262 $438,262 Sales and Services Not Itemized $438,262 $438,262 $438,262 TOTAL PUBLIC FUNDS $16,599,210 $16,599,210 $16,599,210 724 JOURNAL OF THE SENATE 213.1 Transfer funds from the Departmental Administration program for Environmental Health Director positions in the program where activities occur. State General Funds $1,240,352 $1,240,352 $1,240,352 213.2 Transfer local grant-in-aid funds from the Adolescent and Adult Health Promotion program to reflect projected expenses. State General Funds $1,000,000 $1,000,000 $1,000,000 213.3 Transfer local grant-in-aid funds from the Infant and Child Essential Health Treatment Services program to reflect projected expenses. State General Funds $1,000,000 $1,000,000 $1,000,000 213.4 Transfer local grant-in-aid funds from the Infectious Disease Control program to reflect projected expenses. State General Funds $500,000 $500,000 $500,000 213.5 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($14,750) ($14,750) 213.0 Inspections and Environmental Hazard Control Appropriation (HB 989) 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 $18,765,441 $18,750,691 $18,750,691 State General Funds $18,765,441 $18,750,691 $18,750,691 TOTAL FEDERAL FUNDS $1,135,859 $1,135,859 $1,135,859 Federal Funds Not Itemized $531,262 $531,262 $531,262 Maternal & Child Health Services Block Grant CFDA93.994 $194,703 $194,703 $194,703 Medical Assistance Program CFDA93.778 $73,122 $73,122 $73,122 Preventive Health & Health Services Block Grant CFDA93.991 $336,772 $336,772 $336,772 TOTAL AGENCY FUNDS $438,262 $438,262 $438,262 Sales and Services $438,262 $438,262 $438,262 Sales and Services Not Itemized $438,262 $438,262 $438,262 TOTAL PUBLIC FUNDS $20,339,562 $20,324,812 $20,324,812 Out of Home Care Continuation Budget 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. TOTAL STATE FUNDS $113,680,260 $113,680,260 $113,680,260 State General Funds $113,680,260 $113,680,260 $113,680,260 THURSDAY, FEBRUARY 21, 2008 725 TOTAL FEDERAL FUNDS $80,561,643 $80,561,643 $80,561,643 Federal Funds Not Itemized $4,602,491 $4,602,491 $4,602,491 Foster Care Title IV-E CFDA93.658 $24,169,353 $24,169,353 $24,169,353 Temporary Assistance for Needy Families $51,789,799 $51,789,799 $51,789,799 Temporary Assistance for Needy Families Grant CFDA93.558 $51,789,799 $51,789,799 $51,789,799 TOTAL AGENCY FUNDS $15,372,629 $15,372,629 $15,372,629 Sales and Services $15,372,629 $15,372,629 $15,372,629 Sales and Services Not Itemized $15,372,629 $15,372,629 $15,372,629 TOTAL PUBLIC FUNDS $209,614,532 $209,614,532 $209,614,532 214.1 Transfer funds from the Child Welfare Services program to properly reflect the initial and annual clothing allowance budget in the correct program. State General Funds $1,486,400 $1,486,400 $1,486,400 214.2 Transfer funds to the Child Welfare Services program to align the budget with projected expenditures. State General Funds ($13,000,000) ($13,000,000) ($13,000,000) 214.3 Transfer funds to the Eligibility Determination program to align the budget with projected expenditures. State General Funds ($3,978,140) ($3,978,140) ($3,978,140) 214.4 Transfer funds to the Food Stamp Eligibility and Benefits program to align the budget with projected expenditures. State General Funds ($2,118,076) ($2,118,076) ($2,118,076) 214.5 Transfer funds to the Adoption Services program to align the budget with projected expenditures. State General Funds ($2,623,790) ($2,623,790) ($2,623,790) 214.6 Transfer funds from the Federal and Unobligated Balances program to cover a projected shortfall. Temporary Assistance for Needy Families Grant CFDA93.558 $39,024,293 TANF Unobligated Balance per 42 USC 604 $39,024,293 $39,024,293 $0 TOTAL PUBLIC FUNDS $39,024,293 214.7 Transfer funds from the Support for Needy Families - Basic Assistance program to align the budget with projected expenditures. State General Funds $1,500,000 $1,500,000 $1,500,000 214.0 Out of Home Care Appropriation (HB 989) 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. TOTAL STATE FUNDS $94,946,654 $94,946,654 $94,946,654 State General Funds $94,946,654 $94,946,654 $94,946,654 TOTAL FEDERAL FUNDS $119,585,936 $119,585,936 $119,585,936 726 JOURNAL OF THE SENATE Federal Funds Not Itemized $4,602,491 Foster Care Title IV-E CFDA93.658 $24,169,353 Temporary Assistance for Needy Families $51,789,799 Temporary Assistance for Needy Families Grant CFDA93.558 $51,789,799 TANF Unobligated Balance per 42 USC 604 $39,024,293 TOTAL AGENCY FUNDS $15,372,629 Sales and Services $15,372,629 Sales and Services Not Itemized $15,372,629 TOTAL PUBLIC FUNDS $229,905,219 $4,602,491 $24,169,353 $51,789,799 $51,789,799 $39,024,293 $15,372,629 $15,372,629 $15,372,629 $229,905,219 $4,602,491 $24,169,353 $90,814,092 $90,814,092 $15,372,629 $15,372,629 $15,372,629 $229,905,219 Refugee Assistance Continuation Budget The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL FEDERAL FUNDS $4,734,006 $4,734,006 $4,734,006 Federal Funds Not Itemized $4,694,006 $4,694,006 $4,694,006 Medical Assistance Program CFDA93.778 $35,000 $35,000 $35,000 Temporary Assistance for Needy Families $5,000 $5,000 $5,000 Temporary Assistance for Needy Families Grant CFDA93.558 $5,000 $5,000 $5,000 TOTAL PUBLIC FUNDS $4,734,006 $4,734,006 $4,734,006 215.0 Refugee Assistance Appropriation (HB 989) The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees. TOTAL FEDERAL FUNDS $4,734,006 $4,734,006 $4,734,006 Federal Funds Not Itemized $4,694,006 $4,694,006 $4,694,006 Medical Assistance Program CFDA93.778 $35,000 $35,000 $35,000 Temporary Assistance for Needy Families $5,000 $5,000 $5,000 Temporary Assistance for Needy Families Grant CFDA93.558 $5,000 $5,000 $5,000 TOTAL PUBLIC FUNDS $4,734,006 $4,734,006 $4,734,006 Substance Abuse Prevention Continuation Budget The purpose of this appropriation is to promote the health and well-being of children, youth, families and communities through THURSDAY, FEBRUARY 21, 2008 727 preventing the use and/or abuse of alcohol, tobacco and drugs. TOTAL STATE FUNDS $1,128,009 $1,128,009 $1,128,009 State General Funds $1,128,009 $1,128,009 $1,128,009 TOTAL FEDERAL FUNDS $20,528,841 $20,528,841 $20,528,841 Federal Funds Not Itemized $550,400 $550,400 $550,400 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $19,978,441 $19,978,441 $19,978,441 TOTAL AGENCY FUNDS $194,000 $194,000 $194,000 Sales and Services $194,000 $194,000 $194,000 Sales and Services Not Itemized $194,000 $194,000 $194,000 TOTAL PUBLIC FUNDS $21,850,850 $21,850,850 $21,850,850 216.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($13,244) ($13,244) 216.0 Substance Abuse Prevention Appropriation (HB 989) 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. TOTAL STATE FUNDS $1,128,009 $1,114,765 $1,114,765 State General Funds $1,128,009 $1,114,765 $1,114,765 TOTAL FEDERAL FUNDS $20,528,841 $20,528,841 $20,528,841 Federal Funds Not Itemized $550,400 $550,400 $550,400 Prevention & Treatment of Substance Abuse Grant CFDA93.959$19,978,441 $19,978,441 $19,978,441 TOTAL AGENCY FUNDS $194,000 $194,000 $194,000 Sales and Services $194,000 $194,000 $194,000 Sales and Services Not Itemized $194,000 $194,000 $194,000 TOTAL PUBLIC FUNDS $21,850,850 $21,837,606 $21,837,606 Support for Needy Families - Basic Assistance Continuation Budget 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 $10,315,527 $10,315,527 $10,315,527 State General Funds $10,315,527 $10,315,527 $10,315,527 TOTAL FEDERAL FUNDS $77,652,812 $77,652,812 $77,652,812 Temporary Assistance for Needy Families $43,388,953 $43,388,953 $43,388,953 728 JOURNAL OF THE SENATE Temporary Assistance for Needy Families Grant CFDA93.558 $43,388,953 $43,388,953 $43,388,953 TANF Unobligated Balance per 42 USC 604 $34,263,859 $34,263,859 $34,263,859 TOTAL PUBLIC FUNDS $87,968,339 $87,968,339 $87,968,339 217.1 Transfer funds to the Out-of-Home Care program to align the budget with projected expenditures. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) 217.2 Transfer funds to the Food Stamp Eligibility and Benefits program to align the budget with projected expenditures. State General Funds ($8,715,527) ($8,715,527) ($8,715,527) 217.3 Reduce funds due to a reduction in caseloads. Temporary Assistance for Needy Families Grant CFDA93.558 ($12,000,000) ($12,000,000) ($12,000,000) 217.4 Replace funds so that TANF Unobligated Balances are spent on cash assistance in accordance with federal guidelines. Temporary Assistance for Needy Families Grant CFDA93.558 ($31,388,953) TANF Unobligated Balance per 42 USC 604 $31,388,953 TOTAL PUBLIC FUNDS $0 217.0 Support for Needy Families - Basic Assistance Appropriation (HB 989) 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 $100,000 $100,000 $100,000 State General Funds $100,000 $100,000 $100,000 TOTAL FEDERAL FUNDS $65,652,812 $65,652,812 $65,652,812 Temporary Assistance for Needy Families $31,388,953 $31,388,953 Temporary Assistance for Needy Families Grant CFDA93.558 $31,388,953 $31,388,953 TANF Unobligated Balance per 42 USC 604 $34,263,859 $34,263,859 $65,652,812 TOTAL PUBLIC FUNDS $65,752,812 $65,752,812 $65,752,812 Support for Needy Families - Family Assistance Continuation Budget 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. TOTAL STATE FUNDS $19,744,139 $19,744,139 $19,744,139 State General Funds $19,744,139 $19,744,139 $19,744,139 TOTAL FEDERAL FUNDS $47,654,536 $47,654,536 $47,654,536 Community Services Block Grant CFDA93.569 $17,185,183 $17,185,183 $17,185,183 Federal Funds Not Itemized $1,643,225 $1,643,225 $1,643,225 Medical Assistance Program CFDA93.778 $1,300,000 $1,300,000 $1,300,000 THURSDAY, FEBRUARY 21, 2008 729 Temporary Assistance for Needy Families $27,526,128 $27,526,128 $27,526,128 Temporary Assistance for Needy Families Grant CFDA93.558 $27,526,128 $27,526,128 $27,526,128 TOTAL PUBLIC FUNDS $67,398,675 $67,398,675 $67,398,675 218.1 Transfer funds to the Child Welfare Services program to align the budget with projected expenditures. State General Funds ($8,935,293) ($8,935,293) ($8,935,293) 218.2 Transfer funds to the Food Stamp Eligibility and Benefits program to align the budget with projected expenditures. State General Funds ($2,564,707) ($2,564,707) ($2,564,707) 218.3 Transfer funds from the Departmental Administration program to align the budget with projected expenditures. Temporary Assistance for Needy Families Grant CFDA93.558 $2,000,000 $2,000,000 $2,000,000 218.4 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $78,413 $78,413 218.0 Support for Needy Families - Family Assistance Appropriation (HB 989) 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. TOTAL STATE FUNDS $8,244,139 $8,322,552 $8,322,552 State General Funds $8,244,139 $8,322,552 $8,322,552 TOTAL FEDERAL FUNDS $49,654,536 $49,654,536 $49,654,536 Community Services Block Grant CFDA93.569 $17,185,183 $17,185,183 $17,185,183 Federal Funds Not Itemized $1,643,225 $1,643,225 $1,643,225 Medical Assistance Program CFDA93.778 $1,300,000 $1,300,000 $1,300,000 Temporary Assistance for Needy Families $29,526,128 $29,526,128 $29,526,128 Temporary Assistance for Needy Families Grant CFDA93.558 $29,526,128 $29,526,128 $29,526,128 TOTAL PUBLIC FUNDS $57,898,675 $57,977,088 $57,977,088 Support for Needy Families - Work Assistance Continuation Budget 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. 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 $43,010,374 $43,010,374 $43,010,374 CCDF Mandatory & Matching Funds CFDA93.596 $6,500 $6,500 $6,500 Federal Funds Not Itemized $2,396,595 $2,396,595 $2,396,595 730 JOURNAL OF THE SENATE Medical Assistance Program CFDA93.778 $20,000 $20,000 $20,000 Temporary Assistance for Needy Families $40,587,279 $40,587,279 $40,587,279 Temporary Assistance for Needy Families Grant CFDA93.558 $40,587,279 $40,587,279 $40,587,279 TOTAL PUBLIC FUNDS $69,010,374 $69,010,374 $69,010,374 219.1 Transfer funds to the Child Welfare Services program to align the budget with projected expenditures. State General Funds ($6,380,234) ($6,380,234) ($6,380,234) 219.2 Transfer funds to the Eligibility Determination program to align the budget with projected expenditures. State General Funds ($11,924,766) ($11,924,766) ($11,924,766) 219.0 Support for Needy Families - Work Assistance Appropriation (HB 989) 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. TOTAL STATE FUNDS $7,695,000 $7,695,000 $7,695,000 State General Funds $7,695,000 $7,695,000 $7,695,000 TOTAL FEDERAL FUNDS $43,010,374 $43,010,374 $43,010,374 CCDF Mandatory & Matching Funds CFDA93.596 $6,500 $6,500 $6,500 Federal Funds Not Itemized $2,396,595 $2,396,595 $2,396,595 Medical Assistance Program CFDA93.778 $20,000 $20,000 $20,000 Temporary Assistance for Needy Families $40,587,279 $40,587,279 $40,587,279 Temporary Assistance for Needy Families Grant CFDA93.558 $40,587,279 $40,587,279 $40,587,279 TOTAL PUBLIC FUNDS $50,705,374 $50,705,374 $50,705,374 Vital Records Continuation Budget The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner, vital records and associated documents. TOTAL STATE FUNDS $2,830,465 $2,830,465 $2,830,465 State General Funds $2,830,465 $2,830,465 $2,830,465 TOTAL FEDERAL FUNDS $500,680 $500,680 $500,680 Federal Funds Not Itemized $500,680 $500,680 $500,680 TOTAL AGENCY FUNDS $404,000 $404,000 $404,000 Sales and Services $404,000 $404,000 $404,000 Sales and Services Not Itemized $404,000 $404,000 $404,000 TOTAL PUBLIC FUNDS $3,735,145 $3,735,145 $3,735,145 220.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet THURSDAY, FEBRUARY 21, 2008 731 the requirements of the agency-wide approved plan. State General Funds ($21,189) ($21,189) 220.0 Vital Records Appropriation (HB 989) The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner, vital records and associated documents. TOTAL STATE FUNDS $2,830,465 $2,809,276 $2,809,276 State General Funds $2,830,465 $2,809,276 $2,809,276 TOTAL FEDERAL FUNDS $500,680 $500,680 $500,680 Federal Funds Not Itemized $500,680 $500,680 $500,680 TOTAL AGENCY FUNDS $404,000 $404,000 $404,000 Sales and Services $404,000 $404,000 $404,000 Sales and Services Not Itemized $404,000 $404,000 $404,000 TOTAL PUBLIC FUNDS $3,735,145 $3,713,956 $3,713,956 Brain and Spinal Injury Trust Fund Continuation Budget 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 $3,063,194 $3,063,194 $3,063,194 State General Funds $0 $0 $0 Brain and Spinal Injury Trust Fund $3,063,194 $3,063,194 $3,063,194 TOTAL PUBLIC FUNDS $3,063,194 $3,063,194 $3,063,194 221.1 Reduce funds to reflect anticipated collections. Brain and Spinal Injury Trust Fund ($1,094,201) ($1,094,201) ($1,094,201) 221.0 Brain and Spinal Injury Trust Fund Appropriation (HB 989) 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 $1,968,993 $1,968,993 $1,968,993 Brain and Spinal Injury Trust Fund $1,968,993 $1,968,993 $1,968,993 TOTAL PUBLIC FUNDS $1,968,993 $1,968,993 $1,968,993 Children's Trust Fund Commission Continuation Budget 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. 732 JOURNAL OF THE SENATE TOTAL STATE FUNDS $7,532,772 $7,532,772 $7,532,772 State General Funds $7,532,772 $7,532,772 $7,532,772 TOTAL FEDERAL FUNDS $658,079 $658,079 $658,079 Federal Funds Not Itemized $408,079 $408,079 $408,079 Temporary Assistance for Needy Families $250,000 $250,000 $250,000 Temporary Assistance for Needy Families Grant CFDA93.558 $250,000 $250,000 $250,000 TOTAL AGENCY FUNDS $84,222 $84,222 $84,222 Contributions, Donations, and Forfeitures $84,222 $84,222 $84,222 Contributions, Donations, and Forfeitures Not Itemized $84,222 $84,222 $84,222 TOTAL PUBLIC FUNDS $8,275,073 $8,275,073 $8,275,073 222.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($349) ($349) 222.0 Children's Trust Fund Commission Appropriation (HB 989) 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 $7,532,772 $7,532,423 $7,532,423 State General Funds $7,532,772 $7,532,423 $7,532,423 TOTAL FEDERAL FUNDS $658,079 $658,079 $658,079 Federal Funds Not Itemized $408,079 $408,079 $408,079 Temporary Assistance for Needy Families $250,000 $250,000 $250,000 Temporary Assistance for Needy Families Grant CFDA93.558 $250,000 $250,000 $250,000 TOTAL AGENCY FUNDS $84,222 $84,222 $84,222 Contributions, Donations, and Forfeitures $84,222 $84,222 $84,222 Contributions, Donations, and Forfeitures Not Itemized $84,222 $84,222 $84,222 TOTAL PUBLIC FUNDS $8,275,073 $8,274,724 $8,274,724 Council on Aging Continuation Budget 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 $193,064 $193,064 $193,064 State General Funds $193,064 $193,064 $193,064 TOTAL PUBLIC FUNDS $193,064 $193,064 $193,064 THURSDAY, FEBRUARY 21, 2008 733 223.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($181) ($181) 223.0 Council on Aging Appropriation (HB 989) 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 $193,064 $192,883 $192,883 State General Funds $193,064 $192,883 $192,883 TOTAL PUBLIC FUNDS $193,064 $192,883 $192,883 Developmental Disabilities, Governor's Council on Continuation Budget The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $58,083 $58,083 $58,083 State General Funds $58,083 $58,083 $58,083 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 $2,320,085 $2,320,085 $2,320,085 224.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($280) ($280) 224.0 Developmental Disabilities, Governor's Council on Appropriation (HB 989) The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $58,083 $57,803 $57,803 State General Funds $58,083 $57,803 $57,803 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 $2,320,085 $2,319,805 $2,319,805 Sexual Offender Review Board TOTAL STATE FUNDS State General Funds Continuation Budget $336,001 $336,001 $336,001 $336,001 $336,001 $336,001 734 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $336,001 $336,001 $336,001 401.99 SAC: The purpose of this appropriation is to protect Georgia's children by identifying convicted sexual offenders that present the greatest risk of reoffending. State General Funds $0 401.0 Sexual Offender Review Board Appropriation (HB 989) The purpose of this appropriation is to protect Georgia's children by identifying convicted sexual offenders that present the greatest risk of reoffending. TOTAL STATE FUNDS $336,001 $336,001 $336,001 State General Funds $336,001 $336,001 $336,001 TOTAL PUBLIC FUNDS $336,001 $336,001 $336,001 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. Section 27: Insurance, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total - Continuation $18,864,818 $18,864,818 $954,555 $18,864,818 $18,864,818 $954,555 $18,864,818 $18,864,818 $954,555 THURSDAY, FEBRUARY 21, 2008 735 Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $954,555 $954,555 $97,232 $97,232 $97,232 $97,232 $19,916,605 $19,916,605 Section Total - Final $18,864,818 $18,864,818 $954,555 $954,555 $97,232 $97,232 $19,916,605 $18,893,621 $18,893,621 $954,555 $954,555 $97,232 $97,232 $19,945,408 $954,555 $97,232 $97,232 $19,916,605 $18,893,621 $18,893,621 $954,555 $954,555 $97,232 $97,232 $19,945,408 Departmental Administration Continuation Budget 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 $2,445,169 $2,445,169 $2,445,169 State General Funds $2,445,169 $2,445,169 $2,445,169 TOTAL PUBLIC FUNDS $2,445,169 $2,445,169 $2,445,169 225.0 Departmental Administration Appropriation (HB 989) 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 $2,445,169 $2,445,169 $2,445,169 State General Funds $2,445,169 $2,445,169 $2,445,169 TOTAL PUBLIC FUNDS $2,445,169 $2,445,169 $2,445,169 Enforcement Continuation Budget 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 $866,292 $866,292 $866,292 State General Funds $866,292 $866,292 $866,292 TOTAL PUBLIC FUNDS $866,292 $866,292 $866,292 736 JOURNAL OF THE SENATE 226.0 Enforcement Appropriation (HB 989) 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 $866,292 $866,292 $866,292 State General Funds $866,292 $866,292 $866,292 TOTAL PUBLIC FUNDS $866,292 $866,292 $866,292 Fire Safety Continuation Budget 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 $5,525,325 $5,525,325 $5,525,325 State General Funds $5,525,325 $5,525,325 $5,525,325 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 State Funds Transfers $97,232 $97,232 $97,232 Agency to Agency Contracts $97,232 $97,232 $97,232 TOTAL PUBLIC FUNDS $6,577,112 $6,577,112 $6,577,112 227.1 Increase funds to replace one high-mileage vehicle. State General Funds $13,860 $13,860 227.0 Fire Safety Appropriation (HB 989) 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 $5,525,325 $5,539,185 $5,539,185 State General Funds $5,525,325 $5,539,185 $5,539,185 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 State Funds Transfers $97,232 $97,232 $97,232 Agency to Agency Contracts $97,232 $97,232 $97,232 TOTAL PUBLIC FUNDS $6,577,112 $6,590,972 $6,590,972 THURSDAY, FEBRUARY 21, 2008 737 Industrial Loan Continuation Budget 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 $769,025 $769,025 $769,025 State General Funds $769,025 $769,025 $769,025 TOTAL PUBLIC FUNDS $769,025 $769,025 $769,025 228.1 Increase funds to replace one high-mileage vehicle. State General Funds $14,943 $14,943 228.0 Industrial Loan Appropriation (HB 989) 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 $769,025 $783,968 $783,968 State General Funds $769,025 $783,968 $783,968 TOTAL PUBLIC FUNDS $769,025 $783,968 $783,968 Insurance Regulation Continuation Budget 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 $5,981,530 $5,981,530 $5,981,530 State General Funds $5,981,530 $5,981,530 $5,981,530 TOTAL PUBLIC FUNDS $5,981,530 $5,981,530 $5,981,530 229.0 Insurance Regulation Appropriation (HB 989) 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 $5,981,530 $5,981,530 $5,981,530 State General Funds $5,981,530 $5,981,530 $5,981,530 TOTAL PUBLIC FUNDS $5,981,530 $5,981,530 $5,981,530 Special Fraud Continuation Budget The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $3,277,477 $3,277,477 $3,277,477 State General Funds $3,277,477 $3,277,477 $3,277,477 TOTAL PUBLIC FUNDS $3,277,477 $3,277,477 $3,277,477 738 JOURNAL OF THE SENATE 230.0 Special Fraud Appropriation (HB 989) The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $3,277,477 $3,277,477 $3,277,477 State General Funds $3,277,477 $3,277,477 $3,277,477 TOTAL PUBLIC FUNDS $3,277,477 $3,277,477 $3,277,477 Section 28: Investigation, Georgia Bureau of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sanctions, Fines, and Penalties TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sanctions, Fines, and Penalties TOTAL PUBLIC FUNDS Section Total - Continuation $74,268,077 $74,268,077 $74,268,077 $74,268,077 $29,883,487 $29,883,487 $29,883,487 $29,883,487 $4,887,711 $4,887,711 $4,565,350 $4,565,350 $322,361 $322,361 $109,039,275 $109,039,275 Section Total - Final $74,268,077 $74,268,077 $29,883,487 $29,883,487 $4,887,711 $4,565,350 $322,361 $109,039,275 $74,268,077 $74,268,077 $29,883,487 $29,883,487 $4,887,711 $4,565,350 $322,361 $109,039,275 $74,268,077 $74,268,077 $29,883,487 $29,883,487 $4,887,711 $4,565,350 $322,361 $109,039,275 $74,268,077 $74,268,077 $29,883,487 $29,883,487 $4,887,711 $4,565,350 $322,361 $109,039,275 Bureau Administration Continuation Budget 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 $11,038,239 $11,038,239 $11,038,239 State General Funds $11,038,239 $11,038,239 $11,038,239 TOTAL FEDERAL FUNDS $6,812 $6,812 $6,812 Federal Funds Not Itemized $6,812 $6,812 $6,812 THURSDAY, FEBRUARY 21, 2008 739 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,434 $1,434 $1,434 $11,046,485 $1,434 $1,434 $1,434 $11,046,485 $1,434 $1,434 $1,434 $11,046,485 231.0 Bureau Administration Appropriation (HB 989) 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 $11,038,239 $11,038,239 $11,038,239 State General Funds $11,038,239 $11,038,239 $11,038,239 TOTAL FEDERAL FUNDS $6,812 $6,812 $6,812 Federal Funds Not Itemized $6,812 $6,812 $6,812 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 $11,046,485 $11,046,485 $11,046,485 Centralized Scientific Services Continuation Budget The purpose of this appropriation is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence. TOTAL STATE FUNDS $13,821,542 $13,821,542 $13,821,542 State General Funds $13,821,542 $13,821,542 $13,821,542 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 $13,825,143 $13,825,143 $13,825,143 232.0 Centralized Scientific Services Appropriation (HB 989) The purpose of this appropriation is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence. TOTAL STATE FUNDS $13,821,542 $13,821,542 $13,821,542 State General Funds $13,821,542 $13,821,542 $13,821,542 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 $13,825,143 $13,825,143 $13,825,143 740 JOURNAL OF THE SENATE Criminal Justice Information Services Continuation Budget 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 $10,458,309 $10,458,309 $10,458,309 State General Funds $10,458,309 $10,458,309 $10,458,309 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 $10,460,913 $10,460,913 $10,460,913 233.0 Criminal Justice Information Services Appropriation (HB 989) 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 $10,458,309 $10,458,309 $10,458,309 State General Funds $10,458,309 $10,458,309 $10,458,309 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 $10,460,913 $10,460,913 $10,460,913 Georgia Information Sharing and Analysis Center Continuation Budget The purpose of this appropriation 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 24-hour access to needed information. TOTAL STATE FUNDS $890,529 $890,529 $890,529 State General Funds $890,529 $890,529 $890,529 TOTAL AGENCY FUNDS $479 $479 $479 Sales and Services $479 $479 $479 Sales and Services Not Itemized $479 $479 $479 TOTAL PUBLIC FUNDS $891,008 $891,008 $891,008 234.0 Georgia Information Sharing and Analysis Center Appropriation (HB 989) The purpose of this appropriation 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 24-hour access to needed information. TOTAL STATE FUNDS $890,529 $890,529 $890,529 State General Funds $890,529 $890,529 $890,529 THURSDAY, FEBRUARY 21, 2008 741 TOTAL AGENCY FUNDS $479 $479 $479 Sales and Services $479 $479 $479 Sales and Services Not Itemized $479 $479 $479 TOTAL PUBLIC FUNDS $891,008 $891,008 $891,008 Regional Forensic Services Continuation Budget The purpose of this appropriation is to provide pathology services to determine cause and manner of death. TOTAL STATE FUNDS $8,484,642 $8,484,642 $8,484,642 State General Funds $8,484,642 $8,484,642 $8,484,642 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 $8,486,897 $8,486,897 $8,486,897 235.0 Regional Forensic Services Appropriation (HB 989) The purpose of this appropriation is to provide pathology services to determine cause and manner of death. TOTAL STATE FUNDS $8,484,642 $8,484,642 $8,484,642 State General Funds $8,484,642 $8,484,642 $8,484,642 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 $8,486,897 $8,486,897 $8,486,897 Regional Investigative Services Continuation Budget The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene examinations. TOTAL STATE FUNDS $25,545,794 $25,545,794 $25,545,794 State General Funds $25,545,794 $25,545,794 $25,545,794 TOTAL AGENCY FUNDS $204,482 $204,482 $204,482 Sales and Services $204,482 $204,482 $204,482 Sales and Services Not Itemized $204,482 $204,482 $204,482 TOTAL PUBLIC FUNDS $25,750,276 $25,750,276 $25,750,276 236.0 Regional Investigative Services Appropriation (HB 989) The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene examinations. TOTAL STATE FUNDS $25,545,794 $25,545,794 $25,545,794 State General Funds $25,545,794 $25,545,794 $25,545,794 742 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $204,482 $204,482 $204,482 $25,750,276 $204,482 $204,482 $204,482 $25,750,276 $204,482 $204,482 $204,482 $25,750,276 Special Operations Unit Continuation Budget The purpose of this appropriation is to respond to requests from law enforcement agencies statewide in order to render safe explosive devices of all types, and to assist in the identification, arrest and prosecution of individuals. TOTAL STATE FUNDS $784,154 $784,154 $784,154 State General Funds $784,154 $784,154 $784,154 TOTAL AGENCY FUNDS $200 $200 $200 Sales and Services $200 $200 $200 Sales and Services Not Itemized $200 $200 $200 TOTAL PUBLIC FUNDS $784,354 $784,354 $784,354 237.0 Special Operations Unit Appropriation (HB 989) The purpose of this appropriation is to respond to requests from law enforcement agencies statewide in order to render safe explosive devices of all types, and to assist in the identification, arrest and prosecution of individuals. TOTAL STATE FUNDS $784,154 $784,154 $784,154 State General Funds $784,154 $784,154 $784,154 TOTAL AGENCY FUNDS $200 $200 $200 Sales and Services $200 $200 $200 Sales and Services Not Itemized $200 $200 $200 TOTAL PUBLIC FUNDS $784,354 $784,354 $784,354 State Healthcare Fraud Unit Continuation Budget The purpose of this appropriation is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. TOTAL STATE FUNDS $1,169,237 $1,169,237 $1,169,237 State General Funds $1,169,237 $1,169,237 $1,169,237 TOTAL AGENCY FUNDS $387 $387 $387 Sales and Services $387 $387 $387 Sales and Services Not Itemized $387 $387 $387 TOTAL PUBLIC FUNDS $1,169,624 $1,169,624 $1,169,624 THURSDAY, FEBRUARY 21, 2008 743 238.0 State Healthcare Fraud Unit Appropriation (HB 989) The purpose of this appropriation is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. TOTAL STATE FUNDS $1,169,237 $1,169,237 $1,169,237 State General Funds $1,169,237 $1,169,237 $1,169,237 TOTAL AGENCY FUNDS $387 $387 $387 Sales and Services $387 $387 $387 Sales and Services Not Itemized $387 $387 $387 TOTAL PUBLIC FUNDS $1,169,624 $1,169,624 $1,169,624 Task Forces Continuation Budget The purpose of this appropriation is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces. TOTAL STATE FUNDS $1,177,570 $1,177,570 $1,177,570 State General Funds $1,177,570 $1,177,570 $1,177,570 TOTAL AGENCY FUNDS $376 $376 $376 Sales and Services $376 $376 $376 Sales and Services Not Itemized $376 $376 $376 TOTAL PUBLIC FUNDS $1,177,946 $1,177,946 $1,177,946 239.0 Task Forces Appropriation (HB 989) The purpose of this appropriation is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces. TOTAL STATE FUNDS $1,177,570 $1,177,570 $1,177,570 State General Funds $1,177,570 $1,177,570 $1,177,570 TOTAL AGENCY FUNDS $376 $376 $376 Sales and Services $376 $376 $376 Sales and Services Not Itemized $376 $376 $376 TOTAL PUBLIC FUNDS $1,177,946 $1,177,946 $1,177,946 Criminal Justice Coordinating Council Continuation Budget 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 $898,061 $898,061 $898,061 744 JOURNAL OF THE SENATE State General Funds $898,061 $898,061 $898,061 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 $4,671,893 $4,671,893 $4,671,893 Sales and Services $4,349,532 $4,349,532 $4,349,532 Sales and Services Not Itemized $4,349,532 $4,349,532 $4,349,532 Sanctions, Fines, and Penalties $322,361 $322,361 $322,361 Sanctions, Fines, and Penalties Not Itemized $322,361 $322,361 $322,361 TOTAL PUBLIC FUNDS $35,446,629 $35,446,629 $35,446,629 240.0 Criminal Justice Coordinating Council Appropriation (HB 989) 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 $898,061 $898,061 $898,061 State General Funds $898,061 $898,061 $898,061 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 $4,671,893 $4,671,893 $4,671,893 Sales and Services $4,349,532 $4,349,532 $4,349,532 Sales and Services Not Itemized $4,349,532 $4,349,532 $4,349,532 Sanctions, Fines, and Penalties $322,361 $322,361 $322,361 Sanctions, Fines, and Penalties Not Itemized $322,361 $322,361 $322,361 TOTAL PUBLIC FUNDS $35,446,629 $35,446,629 $35,446,629 Section 29: Juvenile Justice, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Section Total - Continuation $321,988,293 $321,988,293 $2,644,894 $2,644,894 $127,629 $127,629 $18,507,536 $18,507,536 $321,988,293 $321,988,293 $2,644,894 $2,644,894 $127,629 $127,629 $18,507,536 $18,507,536 $321,988,293 $321,988,293 $2,644,894 $2,644,894 $127,629 $127,629 $18,507,536 $18,507,536 THURSDAY, FEBRUARY 21, 2008 745 TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS $343,268,352 $343,268,352 Section Total - Final $327,254,873 $327,254,873 $2,644,894 $2,644,894 $127,629 $127,629 $13,507,536 $13,507,536 $343,534,932 $327,254,873 $327,254,873 $2,644,894 $2,644,894 $127,629 $127,629 $13,507,536 $13,507,536 $343,534,932 $343,268,352 $327,254,873 $327,254,873 $2,644,894 $2,644,894 $127,629 $127,629 $13,507,536 $13,507,536 $343,534,932 Community Non-Secure Commitment Continuation Budget 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 youth and non-secure, community-based placements and/or services for lower-risk youth. TOTAL STATE FUNDS $46,669,391 $46,669,391 $46,669,391 State General Funds $46,669,391 $46,669,391 $46,669,391 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $10,002,619 $10,002,619 $10,002,619 Federal Funds Transfers $10,002,619 $10,002,619 $10,002,619 FF Foster Care Title IV-E CFDA93.658 $946,237 $946,237 $946,237 FF Medical Assistance Program CFDA93.778 $9,056,382 $9,056,382 $9,056,382 TOTAL PUBLIC FUNDS $56,672,010 $56,672,010 $56,672,010 241.1 Transfer funds to the Secure Commitment and Secure Detention programs to provide adequate secure facility capacity. State General Funds ($2,468,413) ($2,468,413) ($2,468,413) 241.2 Increase and replace funds to operate the Institutional Foster Care System as required by revised federal administrative rules. State General Funds $5,266,580 $5,266,580 $5,266,580 FF Medical Assistance Program CFDA93.778 ($5,000,000) ($5,000,000) ($5,000,000) TOTAL PUBLIC FUNDS $266,580 $266,580 $266,580 241.0 Community Non-Secure Commitment Appropriation (HB 989) 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 youth and non-secure, community-based placements and/or services for lower-risk youth. 746 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $49,467,558 $49,467,558 $5,002,619 $5,002,619 $946,237 $4,056,382 $54,470,177 $49,467,558 $49,467,558 $5,002,619 $5,002,619 $946,237 $4,056,382 $54,470,177 $49,467,558 $49,467,558 $5,002,619 $5,002,619 $946,237 $4,056,382 $54,470,177 Community Supervision Continuation Budget 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 $50,528,647 $50,528,647 $50,528,647 State General Funds $50,528,647 $50,528,647 $50,528,647 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,298,927 $4,298,927 $4,298,927 Federal Funds Transfers $4,298,927 $4,298,927 $4,298,927 FF Medical Assistance Program CFDA93.778 $4,298,927 $4,298,927 $4,298,927 TOTAL PUBLIC FUNDS $54,827,574 $54,827,574 $54,827,574 242.0 Community Supervision Appropriation (HB 989) 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 $50,528,647 $50,528,647 $50,528,647 State General Funds $50,528,647 $50,528,647 $50,528,647 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,298,927 $4,298,927 $4,298,927 Federal Funds Transfers $4,298,927 $4,298,927 $4,298,927 FF Medical Assistance Program CFDA93.778 $4,298,927 $4,298,927 $4,298,927 TOTAL PUBLIC FUNDS $54,827,574 $54,827,574 $54,827,574 Departmental Administration Continuation Budget 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 $28,050,733 $28,050,733 $28,050,733 State General Funds $28,050,733 $28,050,733 $28,050,733 TOTAL AGENCY FUNDS $25,060 $25,060 $25,060 THURSDAY, FEBRUARY 21, 2008 747 Sales and Services $25,060 $25,060 $25,060 Sales and Services Not Itemized $25,060 $25,060 $25,060 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $177,621 $177,621 $177,621 Federal Funds Transfers $177,621 $177,621 $177,621 FF National School Lunch Program CFDA10.555 $177,621 $177,621 $177,621 TOTAL PUBLIC FUNDS $28,253,414 $28,253,414 $28,253,414 243.0 Departmental Administration Appropriation (HB 989) 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 $28,050,733 $28,050,733 $28,050,733 State General Funds $28,050,733 $28,050,733 $28,050,733 TOTAL AGENCY FUNDS $25,060 $25,060 $25,060 Sales and Services $25,060 $25,060 $25,060 Sales and Services Not Itemized $25,060 $25,060 $25,060 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $177,621 $177,621 $177,621 Federal Funds Transfers $177,621 $177,621 $177,621 FF National School Lunch Program CFDA10.555 $177,621 $177,621 $177,621 TOTAL PUBLIC FUNDS $28,253,414 $28,253,414 $28,253,414 Secure Commitment (YDCs) Continuation Budget The purpose of this appropriation is to protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth. TOTAL STATE FUNDS $93,969,041 $93,969,041 $93,969,041 State General Funds $93,969,041 $93,969,041 $93,969,041 TOTAL FEDERAL FUNDS $892,894 $892,894 $892,894 Federal Funds Not Itemized $892,894 $892,894 $892,894 TOTAL AGENCY FUNDS $27,991 $27,991 $27,991 Sales and Services $27,991 $27,991 $27,991 Sales and Services Not Itemized $27,991 $27,991 $27,991 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,072,851 $2,072,851 $2,072,851 Federal Funds Transfers $2,072,851 $2,072,851 $2,072,851 FF National School Lunch Program CFDA10.555 $2,072,851 $2,072,851 $2,072,851 TOTAL PUBLIC FUNDS $96,962,777 $96,962,777 $96,962,777 748 JOURNAL OF THE SENATE 244.1 Transfer funds from the Community Non-Secure Commitment program to provide adequate secure facility capacity. State General Funds $1,068,413 $1,068,413 $1,068,413 244.0 Secure Commitment (YDCs) Appropriation (HB 989) The purpose of this appropriation is to protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth. TOTAL STATE FUNDS $95,037,454 $95,037,454 $95,037,454 State General Funds $95,037,454 $95,037,454 $95,037,454 TOTAL FEDERAL FUNDS $892,894 $892,894 $892,894 Federal Funds Not Itemized $892,894 $892,894 $892,894 TOTAL AGENCY FUNDS $27,991 $27,991 $27,991 Sales and Services $27,991 $27,991 $27,991 Sales and Services Not Itemized $27,991 $27,991 $27,991 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,072,851 $2,072,851 $2,072,851 Federal Funds Transfers $2,072,851 $2,072,851 $2,072,851 FF National School Lunch Program CFDA10.555 $2,072,851 $2,072,851 $2,072,851 TOTAL PUBLIC FUNDS $98,031,190 $98,031,190 $98,031,190 Secure Detention (RYDCs) Continuation Budget 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 $101,362,633 $101,362,633 $101,362,633 State General Funds $101,362,633 $101,362,633 $101,362,633 TOTAL AGENCY FUNDS $74,578 $74,578 $74,578 Sales and Services $74,578 $74,578 $74,578 Sales and Services Not Itemized $74,578 $74,578 $74,578 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,955,518 $1,955,518 $1,955,518 Federal Funds Transfers $1,955,518 $1,955,518 $1,955,518 FF National School Lunch Program CFDA10.555 $1,955,518 $1,955,518 $1,955,518 TOTAL PUBLIC FUNDS $103,392,729 $103,392,729 $103,392,729 245.1 Transfer funds from the Community Non-Secure Commitment program to provide adequate secure facility capacity. State General Funds $1,400,000 $1,400,000 $1,400,000 245.2 Transfer funds to the Children and Youth Coordinating Council (CYCC) program received for the FY08 statewide budget changes. THURSDAY, FEBRUARY 21, 2008 749 State General Funds ($13,100) ($13,100) ($13,100) 245.0 Secure Detention (RYDCs) Appropriation (HB 989) 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 $102,749,533 $102,749,533 $102,749,533 State General Funds $102,749,533 $102,749,533 $102,749,533 TOTAL AGENCY FUNDS $74,578 $74,578 $74,578 Sales and Services $74,578 $74,578 $74,578 Sales and Services Not Itemized $74,578 $74,578 $74,578 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,955,518 $1,955,518 $1,955,518 Federal Funds Transfers $1,955,518 $1,955,518 $1,955,518 FF National School Lunch Program CFDA10.555 $1,955,518 $1,955,518 $1,955,518 TOTAL PUBLIC FUNDS $104,779,629 $104,779,629 $104,779,629 Children and Youth Coordinating Council Continuation Budget The purpose of this appropriation is to assist local communities in preventing and reducing juvenile delinquency. TOTAL STATE FUNDS $1,407,848 $1,407,848 $1,407,848 State General Funds $1,407,848 $1,407,848 $1,407,848 TOTAL FEDERAL FUNDS $1,752,000 $1,752,000 $1,752,000 Federal Funds Not Itemized $1,752,000 $1,752,000 $1,752,000 TOTAL PUBLIC FUNDS $3,159,848 $3,159,848 $3,159,848 246.1 Transfer funds from the Secure Detention program received for the FY08 statewide budget changes. State General Funds $13,100 $13,100 $13,100 246.0 Children and Youth Coordinating Council Appropriation (HB 989) The purpose of this appropriation is to assist local communities in preventing and reducing juvenile delinquency. TOTAL STATE FUNDS $1,420,948 $1,420,948 $1,420,948 State General Funds $1,420,948 $1,420,948 $1,420,948 TOTAL FEDERAL FUNDS $1,752,000 $1,752,000 $1,752,000 Federal Funds Not Itemized $1,752,000 $1,752,000 $1,752,000 TOTAL PUBLIC FUNDS $3,172,948 $3,172,948 $3,172,948 Section 30: Labor, Department of TOTAL STATE FUNDS Section Total - Continuation $55,209,022 $55,209,022 $55,209,022 750 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS $55,209,022 $55,209,022 $260,232,588 $260,232,588 $260,232,588 $260,232,588 $31,293,878 $31,293,878 $500,000 $500,000 $30,793,878 $30,793,878 $6,904,800 $6,904,800 $6,904,800 $6,904,800 $353,640,288 $353,640,288 Section Total - Final $55,081,172 $55,081,172 $260,232,588 $260,232,588 $31,293,878 $500,000 $30,793,878 $6,904,800 $6,904,800 $353,512,438 $55,081,172 $55,081,172 $260,232,588 $260,232,588 $31,293,878 $500,000 $30,793,878 $6,904,800 $6,904,800 $353,512,438 $55,209,022 $260,232,588 $260,232,588 $31,293,878 $500,000 $30,793,878 $6,904,800 $6,904,800 $353,640,288 $55,081,172 $55,081,172 $260,232,588 $260,232,588 $31,293,878 $500,000 $30,793,878 $6,904,800 $6,904,800 $353,512,438 Business Enterprise Program Continuation Budget The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $441,519 $441,519 $441,519 State General Funds $441,519 $441,519 $441,519 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 $1,757,604 $1,757,604 $1,757,604 247.0 Business Enterprise Program Appropriation (HB 989) The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $441,519 $441,519 $441,519 State General Funds $441,519 $441,519 $441,519 THURSDAY, FEBRUARY 21, 2008 751 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,316,085 $1,316,085 $1,757,604 $1,316,085 $1,316,085 $1,757,604 $1,316,085 $1,316,085 $1,757,604 Department of Labor Administration Continuation Budget 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 $3,480,593 $3,480,593 $3,480,593 State General Funds $3,480,593 $3,480,593 $3,480,593 TOTAL FEDERAL FUNDS $10,607,019 $10,607,019 $10,607,019 Federal Funds Not Itemized $10,607,019 $10,607,019 $10,607,019 TOTAL PUBLIC FUNDS $14,087,612 $14,087,612 $14,087,612 248.0 Department of Labor Administration Appropriation (HB 989) 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 $3,480,593 $3,480,593 $3,480,593 State General Funds $3,480,593 $3,480,593 $3,480,593 TOTAL FEDERAL FUNDS $10,607,019 $10,607,019 $10,607,019 Federal Funds Not Itemized $10,607,019 $10,607,019 $10,607,019 TOTAL PUBLIC FUNDS $14,087,612 $14,087,612 $14,087,612 Disability Adjudication Section Continuation Budget The purpose of this appropriation 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 $55,598,820 249.0 Disability Adjudication Section Appropriation (HB 989) 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 $55,598,820 752 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $55,598,820 $55,598,820 $55,598,820 Division of Rehabilitation Administration Continuation Budget 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 $2,296,252 $2,296,252 $2,296,252 State General Funds $2,296,252 $2,296,252 $2,296,252 TOTAL FEDERAL FUNDS $1,383,518 $1,383,518 $1,383,518 Federal Funds Not Itemized $1,383,518 $1,383,518 $1,383,518 TOTAL PUBLIC FUNDS $3,679,770 $3,679,770 $3,679,770 250.0 Division of Rehabilitation Administration Appropriation (HB 989) 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 $2,296,252 $2,296,252 $2,296,252 State General Funds $2,296,252 $2,296,252 $2,296,252 TOTAL FEDERAL FUNDS $1,383,518 $1,383,518 $1,383,518 Federal Funds Not Itemized $1,383,518 $1,383,518 $1,383,518 TOTAL PUBLIC FUNDS $3,679,770 $3,679,770 $3,679,770 Georgia Industries for the Blind Continuation Budget The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. TOTAL STATE FUNDS $559,846 $559,846 $559,846 State General Funds $559,846 $559,846 $559,846 TOTAL AGENCY FUNDS $11,599,375 $11,599,375 $11,599,375 Reserved Fund Balances $500,000 $500,000 $500,000 Reserved Fund Balances Not Itemized $500,000 $500,000 $500,000 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 $12,159,221 $12,159,221 $12,159,221 251.0 Georgia Industries for the Blind Appropriation (HB 989) The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. THURSDAY, FEBRUARY 21, 2008 753 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $559,846 $559,846 $11,599,375 $500,000 $500,000 $11,099,375 $11,099,375 $12,159,221 $559,846 $559,846 $11,599,375 $500,000 $500,000 $11,099,375 $11,099,375 $12,159,221 $559,846 $559,846 $11,599,375 $500,000 $500,000 $11,099,375 $11,099,375 $12,159,221 Labor Market Information Continuation Budget 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 $743,946 $743,946 $743,946 State General Funds $743,946 $743,946 $743,946 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 $2,993,819 $2,993,819 $2,993,819 252.0 Labor Market Information Appropriation (HB 989) 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 $743,946 $743,946 $743,946 State General Funds $743,946 $743,946 $743,946 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 $2,993,819 $2,993,819 $2,993,819 Roosevelt Warm Springs Institute Continuation Budget The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $7,183,148 $7,183,148 $7,183,148 State General Funds $7,183,148 $7,183,148 $7,183,148 TOTAL FEDERAL FUNDS $6,447,042 $6,447,042 $6,447,042 Federal Funds Not Itemized $6,447,042 $6,447,042 $6,447,042 TOTAL AGENCY FUNDS $18,888,287 $18,888,287 $18,888,287 Sales and Services $18,888,287 $18,888,287 $18,888,287 Sales and Services Not Itemized $18,888,287 $18,888,287 $18,888,287 754 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,800 $4,800 $4,800 Federal Funds Transfers $4,800 $4,800 $4,800 FF National School Lunch Program CFDA10.555 $4,800 $4,800 $4,800 TOTAL PUBLIC FUNDS $32,523,277 $32,523,277 $32,523,277 253.1 Reduce funds for four vacant positions and operating expenses due to the delay in opening the outpatient clinic at Blanchard Hall. State General Funds ($127,850) ($127,850) ($127,850) 253.0 Roosevelt Warm Springs Institute Appropriation (HB 989) The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $7,055,298 $7,055,298 $7,055,298 State General Funds $7,055,298 $7,055,298 $7,055,298 TOTAL FEDERAL FUNDS $6,447,042 $6,447,042 $6,447,042 Federal Funds Not Itemized $6,447,042 $6,447,042 $6,447,042 TOTAL AGENCY FUNDS $18,888,287 $18,888,287 $18,888,287 Sales and Services $18,888,287 $18,888,287 $18,888,287 Sales and Services Not Itemized $18,888,287 $18,888,287 $18,888,287 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,800 $4,800 $4,800 Federal Funds Transfers $4,800 $4,800 $4,800 FF National School Lunch Program CFDA10.555 $4,800 $4,800 $4,800 TOTAL PUBLIC FUNDS $32,395,427 $32,395,427 $32,395,427 Safety Inspections Continuation Budget 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 $2,933,532 $2,933,532 $2,933,532 State General Funds $2,933,532 $2,933,532 $2,933,532 TOTAL FEDERAL FUNDS $168,552 $168,552 $168,552 Federal Funds Not Itemized $168,552 $168,552 $168,552 TOTAL PUBLIC FUNDS $3,102,084 $3,102,084 $3,102,084 254.0 Safety Inspections Appropriation (HB 989) 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 $2,933,532 $2,933,532 $2,933,532 THURSDAY, FEBRUARY 21, 2008 755 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,933,532 $168,552 $168,552 $3,102,084 $2,933,532 $168,552 $168,552 $3,102,084 $2,933,532 $168,552 $168,552 $3,102,084 Unemployment Insurance Continuation Budget 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 $11,111,470 $11,111,470 $11,111,470 State General Funds $11,111,470 $11,111,470 $11,111,470 TOTAL FEDERAL FUNDS $36,580,349 $36,580,349 $36,580,349 Federal Funds Not Itemized $36,580,349 $36,580,349 $36,580,349 TOTAL PUBLIC FUNDS $47,691,819 $47,691,819 $47,691,819 255.0 Unemployment Insurance Appropriation (HB 989) 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 $11,111,470 $11,111,470 $11,111,470 State General Funds $11,111,470 $11,111,470 $11,111,470 TOTAL FEDERAL FUNDS $36,580,349 $36,580,349 $36,580,349 Federal Funds Not Itemized $36,580,349 $36,580,349 $36,580,349 TOTAL PUBLIC FUNDS $47,691,819 $47,691,819 $47,691,819 Vocational Rehabilitation Program Continuation Budget The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $17,968,411 $17,968,411 State General Funds $17,968,411 $17,968,411 TOTAL FEDERAL FUNDS $65,667,153 $65,667,153 Federal Funds Not Itemized $65,667,153 $65,667,153 TOTAL AGENCY FUNDS $806,216 $806,216 Sales and Services $806,216 $806,216 Sales and Services Not Itemized $806,216 $806,216 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,700,000 $1,700,000 Federal Funds Transfers $1,700,000 $1,700,000 $17,968,411 $17,968,411 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $1,700,000 $1,700,000 756 JOURNAL OF THE SENATE FF Temporary Assistance for Needy Families CFDA93.558 $1,700,000 $1,700,000 $1,700,000 TOTAL PUBLIC FUNDS $86,141,780 $86,141,780 $86,141,780 256.0 Vocational Rehabilitation Program Appropriation (HB 989) The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $17,968,411 $17,968,411 $17,968,411 State General Funds $17,968,411 $17,968,411 $17,968,411 TOTAL FEDERAL FUNDS $65,667,153 $65,667,153 $65,667,153 Federal Funds Not Itemized $65,667,153 $65,667,153 $65,667,153 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 INTRA-STATE GOVERNMENT TRANSFERS $1,700,000 $1,700,000 $1,700,000 Federal Funds Transfers $1,700,000 $1,700,000 $1,700,000 FF Temporary Assistance for Needy Families CFDA93.558 $1,700,000 $1,700,000 $1,700,000 TOTAL PUBLIC FUNDS $86,141,780 $86,141,780 $86,141,780 Workforce Development Continuation Budget 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 $8,397,133 $8,397,133 $8,397,133 State General Funds $8,397,133 $8,397,133 $8,397,133 TOTAL FEDERAL FUNDS $80,214,177 $80,214,177 $80,214,177 Federal Funds Not Itemized $80,214,177 $80,214,177 $80,214,177 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,200,000 $5,200,000 $5,200,000 Federal Funds Transfers $5,200,000 $5,200,000 $5,200,000 FF Temporary Assistance for Needy Families CFDA93.558 $5,200,000 $5,200,000 $5,200,000 TOTAL PUBLIC FUNDS $93,811,310 $93,811,310 $93,811,310 257.0 Workforce Development Appropriation (HB 989) 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 $8,397,133 $8,397,133 $8,397,133 State General Funds $8,397,133 $8,397,133 $8,397,133 TOTAL FEDERAL FUNDS $80,214,177 $80,214,177 $80,214,177 THURSDAY, FEBRUARY 21, 2008 757 Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS $80,214,177 $5,200,000 $5,200,000 $5,200,000 $93,811,310 $80,214,177 $5,200,000 $5,200,000 $5,200,000 $93,811,310 $80,214,177 $5,200,000 $5,200,000 $5,200,000 $93,811,310 Commission on Women Continuation Budget 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 $93,172 258.0 Commission on Women Appropriation (HB 989) 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 There is appropriated to the Department of Labor out of funds credited to and held in this states account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to and in accordance with Section 903 of the Social Security Act, as amended, an additional amount of $1,885,551.11. Of said additional amount, the sum of $1,885,551.11 is authorized to be allocated for expenses incurred in the administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the "Employment Security Law" as amended, including personal services and operating and other expenses incurred in the administration of said law, as well as for the purchase or rental, either or both, of improvements, repairs, or alterations to and of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, technology, data, reports and studies, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenance, improvements, repairs, or alterations of and to such real or personal property. Notwithstanding any other provision of this section, the amount appropriated in this section shall not exceed the amount in the Unemployment Trust Fund, which may be obligated for expenditure for such purposes as provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and the amount which may be obligated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund; provided, however, that said additional funds shall not be obligated for expenditure, as provided in this section, after the close of the two-year period which begins on the date of enactment of this section. 758 JOURNAL OF THE SENATE Section 31: Law, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $18,446,804 $18,446,804 $18,446,804 $18,446,804 $24,817 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $36,801,423 $55,273,044 $55,273,044 Section Total - Final $18,446,804 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $55,273,044 $18,446,804 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $55,273,044 $18,446,804 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $55,273,044 $18,446,804 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $55,273,044 Law, Department of Continuation Budget 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 $18,446,804 $18,446,804 $18,446,804 State General Funds $18,446,804 $18,446,804 $18,446,804 TOTAL AGENCY FUNDS $24,817 $24,817 $24,817 Contributions, Donations, and Forfeitures $23,817 $23,817 $23,817 Contributions, Donations, and Forfeitures Not Itemized $23,817 $23,817 $23,817 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 $36,801,423 $36,801,423 $36,801,423 State Funds Transfers $36,801,423 $36,801,423 $36,801,423 Legal Services - Client Reimbursable per OCGA45-15-4 $36,801,423 $36,801,423 $36,801,423 THURSDAY, FEBRUARY 21, 2008 759 TOTAL PUBLIC FUNDS $55,273,044 $55,273,044 $55,273,044 259.0 Law, Department of Appropriation (HB 989) 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 $18,446,804 $18,446,804 $18,446,804 State General Funds $18,446,804 $18,446,804 $18,446,804 TOTAL AGENCY FUNDS $24,817 $24,817 $24,817 Contributions, Donations, and Forfeitures $23,817 $23,817 $23,817 Contributions, Donations, and Forfeitures Not Itemized $23,817 $23,817 $23,817 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 $36,801,423 $36,801,423 $36,801,423 State Funds Transfers $36,801,423 $36,801,423 $36,801,423 Legal Services - Client Reimbursable per OCGA45-15-4 $36,801,423 $36,801,423 $36,801,423 TOTAL PUBLIC FUNDS $55,273,044 $55,273,044 $55,273,044 Section 32: State Personnel Administration TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $1,364,162 $1,364,162 $1,178,776 $1,178,776 $9,123 $9,123 $176,263 $176,263 $12,364,197 $12,364,197 $12,364,197 $12,364,197 $13,728,359 $13,728,359 Section Total - Final $1,364,162 $1,178,776 $9,123 $176,263 $12,364,197 $12,364,197 $13,728,359 $1,364,162 $1,178,776 $9,123 $176,263 $12,364,197 $12,364,197 $13,728,359 $1,364,162 $1,178,776 $9,123 $176,263 $12,364,197 $12,364,197 $13,728,359 $1,364,162 $1,178,776 $9,123 $176,263 $12,364,197 $12,364,197 $13,728,359 760 JOURNAL OF THE SENATE Recruitment and Staffing Services Continuation Budget The purpose of this appropriation is to provide a central point of contact for the general public. TOTAL STATE FUNDS $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,264,485 $1,264,485 $1,264,485 State Funds Transfers $1,264,485 $1,264,485 $1,264,485 Merit System Assessments $1,264,485 $1,264,485 $1,264,485 TOTAL PUBLIC FUNDS $1,264,485 $1,264,485 $1,264,485 260.0 Recruitment and Staffing Services Appropriation (HB 989) The purpose of this appropriation is to provide a central point of contact for the general public. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,264,485 $1,264,485 $1,264,485 State Funds Transfers $1,264,485 $1,264,485 $1,264,485 Merit System Assessments $1,264,485 $1,264,485 $1,264,485 TOTAL PUBLIC FUNDS $1,264,485 $1,264,485 $1,264,485 System Administration Continuation Budget The purpose of this appropriation is to provide administrative and technical support to the agency. TOTAL STATE FUNDS $0 $0 $0 TOTAL AGENCY FUNDS $102,271 $102,271 $102,271 Reserved Fund Balances $102,271 $102,271 $102,271 Reserved Fund Balances Not Itemized $102,271 $102,271 $102,271 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,206,077 $4,206,077 $4,206,077 State Funds Transfers $4,206,077 $4,206,077 $4,206,077 Merit System Assessments $4,206,077 $4,206,077 $4,206,077 TOTAL PUBLIC FUNDS $4,308,348 $4,308,348 $4,308,348 261.0 System Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative and technical support to the agency. TOTAL AGENCY FUNDS $102,271 $102,271 $102,271 Reserved Fund Balances $102,271 $102,271 $102,271 Reserved Fund Balances Not Itemized $102,271 $102,271 $102,271 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,206,077 $4,206,077 $4,206,077 State Funds Transfers $4,206,077 $4,206,077 $4,206,077 Merit System Assessments $4,206,077 $4,206,077 $4,206,077 TOTAL PUBLIC FUNDS $4,308,348 $4,308,348 $4,308,348 THURSDAY, FEBRUARY 21, 2008 761 Total Compensation and Rewards Continuation Budget The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies. TOTAL STATE FUNDS $0 $0 $0 TOTAL AGENCY FUNDS $1,261,891 $1,261,891 $1,261,891 Reserved Fund Balances $1,076,505 $1,076,505 $1,076,505 Reserved Fund Balances Not Itemized $1,076,505 $1,076,505 $1,076,505 Interest and Investment Income $9,123 $9,123 $9,123 Interest and Investment Income Not Itemized $9,123 $9,123 $9,123 Sales and Services $176,263 $176,263 $176,263 Sales and Services Not Itemized $176,263 $176,263 $176,263 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,060,974 $3,060,974 $3,060,974 State Funds Transfers $3,060,974 $3,060,974 $3,060,974 Merit System Assessments $3,033,135 $3,033,135 $3,033,135 Merit System Training and Compensation Fees $27,839 $27,839 $27,839 TOTAL PUBLIC FUNDS $4,322,865 $4,322,865 $4,322,865 262.0 Total Compensation and Rewards Appropriation (HB 989) The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies. TOTAL AGENCY FUNDS $1,261,891 $1,261,891 $1,261,891 Reserved Fund Balances $1,076,505 $1,076,505 $1,076,505 Reserved Fund Balances Not Itemized $1,076,505 $1,076,505 $1,076,505 Interest and Investment Income $9,123 $9,123 $9,123 Interest and Investment Income Not Itemized $9,123 $9,123 $9,123 Sales and Services $176,263 $176,263 $176,263 Sales and Services Not Itemized $176,263 $176,263 $176,263 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,060,974 $3,060,974 $3,060,974 State Funds Transfers $3,060,974 $3,060,974 $3,060,974 Merit System Assessments $3,033,135 $3,033,135 $3,033,135 Merit System Training and Compensation Fees $27,839 $27,839 $27,839 TOTAL PUBLIC FUNDS $4,322,865 $4,322,865 $4,322,865 Workforce Development and Alignment Continuation Budget 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. 762 JOURNAL OF THE SENATE TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,832,661 $3,832,661 $3,832,661 State Funds Transfers $3,832,661 $3,832,661 $3,832,661 Merit System Assessments $3,527,070 $3,527,070 $3,527,070 Merit System Training and Compensation Fees $305,591 $305,591 $305,591 TOTAL PUBLIC FUNDS $3,832,661 $3,832,661 $3,832,661 263.0 Workforce Development and Alignment Appropriation (HB 989) 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. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,832,661 $3,832,661 $3,832,661 State Funds Transfers $3,832,661 $3,832,661 $3,832,661 Merit System Assessments $3,527,070 $3,527,070 $3,527,070 Merit System Training and Compensation Fees $305,591 $305,591 $305,591 TOTAL PUBLIC FUNDS $3,832,661 $3,832,661 $3,832,661 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 33: Natural Resources, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Section Total - Continuation $130,555,764 $130,555,764 $130,555,764 $130,555,764 $9,996,755 $9,996,755 $9,996,755 $9,996,755 $25,058,798 $25,058,798 $103,913 $103,913 $2,941,137 $2,941,137 $15,250 $15,250 $21,998,498 $21,998,498 $165,611,317 $165,611,317 Section Total - Final $130,555,764 $130,555,764 $9,996,755 $9,996,755 $25,058,798 $103,913 $2,941,137 $15,250 $21,998,498 $165,611,317 $136,855,764 $136,855,764 $136,855,764 $136,855,764 $136,855,764 $136,855,764 THURSDAY, FEBRUARY 21, 2008 763 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS $9,996,755 $9,996,755 $25,058,798 $103,913 $2,941,137 $15,250 $21,998,498 $171,911,317 $9,996,755 $9,996,755 $25,058,798 $103,913 $2,941,137 $15,250 $21,998,498 $171,911,317 $9,996,755 $9,996,755 $25,058,798 $103,913 $2,941,137 $15,250 $21,998,498 $171,911,317 Coastal Resources Continuation Budget 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 $4,187,531 $4,187,531 $4,187,531 State General Funds $4,187,531 $4,187,531 $4,187,531 TOTAL FEDERAL FUNDS $170,862 $170,862 $170,862 Federal Funds Not Itemized $170,862 $170,862 $170,862 TOTAL PUBLIC FUNDS $4,358,393 $4,358,393 $4,358,393 264.0 Coastal Resources Appropriation (HB 989) 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 $4,187,531 $4,187,531 $4,187,531 State General Funds $4,187,531 $4,187,531 $4,187,531 TOTAL FEDERAL FUNDS $170,862 $170,862 $170,862 Federal Funds Not Itemized $170,862 $170,862 $170,862 TOTAL PUBLIC FUNDS $4,358,393 $4,358,393 $4,358,393 Departmental Administration Continuation Budget The purpose of the program is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $10,180,372 $10,180,372 $10,180,372 State General Funds $10,180,372 $10,180,372 $10,180,372 TOTAL PUBLIC FUNDS $10,180,372 $10,180,372 $10,180,372 265.1 Transfer funds from the Environmental Protection and Wildlife Resources programs to reflect legal expenses in the appropriate program. 764 JOURNAL OF THE SENATE State General Funds $555,382 $555,382 $555,382 265.0 Departmental Administration Appropriation (HB 989) The purpose of the program is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $10,735,754 $10,735,754 $10,735,754 State General Funds $10,735,754 $10,735,754 $10,735,754 TOTAL PUBLIC FUNDS $10,735,754 $10,735,754 $10,735,754 Environmental Protection Continuation Budget 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 $30,969,784 $30,969,784 $30,969,784 State General Funds $30,969,784 $30,969,784 $30,969,784 TOTAL FEDERAL FUNDS $3,363,161 $3,363,161 $3,363,161 Federal Funds Not Itemized $3,363,161 $3,363,161 $3,363,161 TOTAL AGENCY FUNDS $6,797,557 $6,797,557 $6,797,557 Sales and Services $6,797,557 $6,797,557 $6,797,557 Sales and Services Not Itemized $6,797,557 $6,797,557 $6,797,557 TOTAL PUBLIC FUNDS $41,130,502 $41,130,502 $41,130,502 266.1 Transfer funds to the Departmental Administration program to reflect legal expenses in the appropriate program. State General Funds ($516,505) ($516,505) ($516,505) 266.0 Environmental Protection Appropriation (HB 989) 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 $30,453,279 $30,453,279 $30,453,279 State General Funds $30,453,279 $30,453,279 $30,453,279 TOTAL FEDERAL FUNDS $3,363,161 $3,363,161 $3,363,161 Federal Funds Not Itemized $3,363,161 $3,363,161 $3,363,161 TOTAL AGENCY FUNDS $6,797,557 $6,797,557 $6,797,557 Sales and Services $6,797,557 $6,797,557 $6,797,557 Sales and Services Not Itemized $6,797,557 $6,797,557 $6,797,557 TOTAL PUBLIC FUNDS $40,613,997 $40,613,997 $40,613,997 Hazardous Waste Trust Fund Investigate and clean up abandoned hazardous sites. Continuation Budget THURSDAY, FEBRUARY 21, 2008 765 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 PUBLIC FUNDS $7,600,000 $7,600,000 $7,600,000 267.1 Increase funds for clean-up of local government landfills and abandoned hazardous sites. State General Funds $6,300,000 $6,300,000 $6,300,000 267.0 Hazardous Waste Trust Fund Appropriation (HB 989) Investigate and clean up abandoned hazardous sites. TOTAL STATE FUNDS $13,900,000 $13,900,000 $13,900,000 State General Funds $13,900,000 $13,900,000 $13,900,000 TOTAL PUBLIC FUNDS $13,900,000 $13,900,000 $13,900,000 Historic Preservation Continuation Budget 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 $2,136,950 $2,136,950 $2,136,950 State General Funds $2,136,950 $2,136,950 $2,136,950 TOTAL FEDERAL FUNDS $490,000 $490,000 $490,000 Federal Funds Not Itemized $490,000 $490,000 $490,000 TOTAL PUBLIC FUNDS $2,626,950 $2,626,950 $2,626,950 268.0 Historic Preservation Appropriation (HB 989) 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 $2,136,950 $2,136,950 $2,136,950 State General Funds $2,136,950 $2,136,950 $2,136,950 TOTAL FEDERAL FUNDS $490,000 $490,000 $490,000 Federal Funds Not Itemized $490,000 $490,000 $490,000 TOTAL PUBLIC FUNDS $2,626,950 $2,626,950 $2,626,950 Land Conservation Continuation Budget 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 $509,496 $509,496 $509,496 766 JOURNAL OF THE SENATE State General Funds $509,496 $509,496 $509,496 TOTAL PUBLIC FUNDS $509,496 $509,496 $509,496 269.0 Land Conservation Appropriation (HB 989) 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 $509,496 $509,496 $509,496 State General Funds $509,496 $509,496 $509,496 TOTAL PUBLIC FUNDS $509,496 $509,496 $509,496 Parks, Recreation and Historic Sites Continuation Budget 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 $24,286,246 $24,286,246 $24,286,246 State General Funds $24,286,246 $24,286,246 $24,286,246 TOTAL FEDERAL FUNDS $845,941 $845,941 $845,941 Federal Funds Not Itemized $845,941 $845,941 $845,941 TOTAL AGENCY FUNDS $17,879,882 $17,879,882 $17,879,882 Intergovernmental Transfers $2,941,137 $2,941,137 $2,941,137 Intergovernmental Transfers Not Itemized $2,941,137 $2,941,137 $2,941,137 Sales and Services $14,938,745 $14,938,745 $14,938,745 Sales and Services Not Itemized $14,938,745 $14,938,745 $14,938,745 TOTAL PUBLIC FUNDS $43,012,069 $43,012,069 $43,012,069 270.0 Parks, Recreation and Historic Sites Appropriation (HB 989) 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 $24,286,246 $24,286,246 $24,286,246 State General Funds $24,286,246 $24,286,246 $24,286,246 TOTAL FEDERAL FUNDS $845,941 $845,941 $845,941 Federal Funds Not Itemized $845,941 $845,941 $845,941 TOTAL AGENCY FUNDS $17,879,882 $17,879,882 $17,879,882 Intergovernmental Transfers $2,941,137 $2,941,137 $2,941,137 Intergovernmental Transfers Not Itemized $2,941,137 $2,941,137 $2,941,137 Sales and Services $14,938,745 $14,938,745 $14,938,745 THURSDAY, FEBRUARY 21, 2008 767 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $14,938,745 $43,012,069 $14,938,745 $43,012,069 $14,938,745 $43,012,069 Pollution Prevention Assistance Continuation Budget 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 $103,913 Reserved Fund Balances $103,913 $103,913 $103,913 Reserved Fund Balances Not Itemized $103,913 $103,913 $103,913 TOTAL PUBLIC FUNDS $119,988 $119,988 $119,988 271.0 Pollution Prevention Assistance Appropriation (HB 989) 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 $103,913 Reserved Fund Balances $103,913 $103,913 $103,913 Reserved Fund Balances Not Itemized $103,913 $103,913 $103,913 TOTAL PUBLIC FUNDS $119,988 $119,988 $119,988 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 $6,000,000 $6,000,000 $6,000,000 State General Funds $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $6,000,000 $6,000,000 $6,000,000 272.0 Solid Waste Trust Fund Appropriation (HB 989) 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 $6,000,000 $6,000,000 $6,000,000 State General Funds $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $6,000,000 $6,000,000 $6,000,000 768 JOURNAL OF THE SENATE Wildlife Resources Continuation Budget 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 $40,774,791 $40,774,791 $40,774,791 State General Funds $40,774,791 $40,774,791 $40,774,791 TOTAL FEDERAL FUNDS $5,126,791 $5,126,791 $5,126,791 Federal Funds Not Itemized $5,126,791 $5,126,791 $5,126,791 TOTAL AGENCY FUNDS $277,446 $277,446 $277,446 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 $262,196 Sales and Services Not Itemized $262,196 $262,196 $262,196 TOTAL PUBLIC FUNDS $46,179,028 $46,179,028 $46,179,028 273.1 Transfer funds to the Departmental Administration program to reflect legal expenses in the appropriate program. State General Funds ($38,877) ($38,877) ($38,877) 273.0 Wildlife Resources Appropriation (HB 989) 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 $40,735,914 $40,735,914 $40,735,914 State General Funds $40,735,914 $40,735,914 $40,735,914 TOTAL FEDERAL FUNDS $5,126,791 $5,126,791 $5,126,791 Federal Funds Not Itemized $5,126,791 $5,126,791 $5,126,791 TOTAL AGENCY FUNDS $277,446 $277,446 $277,446 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 $262,196 Sales and Services Not Itemized $262,196 $262,196 $262,196 TOTAL PUBLIC FUNDS $46,140,151 $46,140,151 $46,140,151 Payments to Georgia Agricultural Exposition Authority Continuation Budget The purpose of this appropriation is to provide operating funds for and 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. THURSDAY, FEBRUARY 21, 2008 769 TOTAL STATE FUNDS $2,244,904 $2,244,904 $2,244,904 State General Funds $2,244,904 $2,244,904 $2,244,904 TOTAL PUBLIC FUNDS $2,244,904 $2,244,904 $2,244,904 275.0 Payments to Georgia Agricultural Exposition Authority Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for and 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 $2,244,904 $2,244,904 $2,244,904 State General Funds $2,244,904 $2,244,904 $2,244,904 TOTAL PUBLIC FUNDS $2,244,904 $2,244,904 $2,244,904 Payments to Georgia Agrirama Development Authority Continuation Budget The purpose of this appropriation is to provide operating funds for and to collect, display, and preserve material culture of Georgia's agriculture and rural history and present agriculture and rural history to the general public and school groups. TOTAL STATE FUNDS $1,177,651 $1,177,651 $1,177,651 State General Funds $1,177,651 $1,177,651 $1,177,651 TOTAL PUBLIC FUNDS $1,177,651 $1,177,651 $1,177,651 276.0 Payments to Georgia Agrirama Development Authority Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for and to collect, display, and preserve material culture of Georgia's agriculture and rural history and present agriculture and rural history to the general public and school groups. TOTAL STATE FUNDS $1,177,651 $1,177,651 $1,177,651 State General Funds $1,177,651 $1,177,651 $1,177,651 TOTAL PUBLIC FUNDS $1,177,651 $1,177,651 $1,177,651 Payments to Lake Allatoona Preservation Authority Continuation Budget The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority. 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 $100,000 277.0 Payments to Lake Allatoona Preservation Authority Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority. TOTAL STATE FUNDS $100,000 $100,000 $100,000 770 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 Payments to Southwest Georgia Railroad Excursion Authority Continuation Budget The purpose of this appropriation is to provide operating funds for and 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 $371,964 278.0 Payments to Southwest Georgia Railroad Excursion Authority Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for and 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 18 of 20 years, last payment being made June 15, 2010; Jekyll Island State Park Authority - $260,844 for year 19 of 20 years, last payment being made June 15th, 2009; Jekyll Island Convention Center and Golf Course - $679,346 for year 14 of 20 years, last payment being made June 15th, 2014; and North Georgia Mountains Authority - $1,434,982 for year 14 of 20 years, last payment being made June 15th, 2014. Section 34: Pardons and Paroles, State Board of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 THURSDAY, FEBRUARY 21, 2008 771 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 Board Administration Continuation Budget The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $5,974,389 $5,974,389 $5,974,389 State General Funds $5,974,389 $5,974,389 $5,974,389 TOTAL PUBLIC FUNDS $5,974,389 $5,974,389 $5,974,389 279.1 Transfer funds to the Clemency Decisions program for costs associated with the Clemency Online Navigation System and scanner operators. State General Funds ($10,429) ($10,429) ($10,429) 279.0 Board Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $5,963,960 $5,963,960 $5,963,960 State General Funds $5,963,960 $5,963,960 $5,963,960 TOTAL PUBLIC FUNDS $5,963,960 $5,963,960 $5,963,960 Clemency Decisions Continuation Budget 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 $10,935,172 $10,935,172 $10,935,172 State General Funds $10,935,172 $10,935,172 $10,935,172 TOTAL PUBLIC FUNDS $10,935,172 $10,935,172 $10,935,172 280.1 Transfer funds from the Board Administration program for costs associated with the Clemency Online Navigation System and scanner operators. State General Funds $10,429 $10,429 $10,429 280.2 Transfer funds from the Parole Supervision program to cover operating expenses. State General Funds $49,350 $49,350 $49,350 280.0 Clemency Decisions Appropriation (HB 989) The purpose of this appropriation is to investigate offenders when they enter the corrections system and make determinations about offender eligibility for parole. 772 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $10,994,951 $10,994,951 $10,994,951 $10,994,951 $10,994,951 $10,994,951 $10,994,951 $10,994,951 $10,994,951 Parole Supervision Continuation Budget The purpose is for transitioning offenders from prison back into the community as productive, law abiding citizens. TOTAL STATE FUNDS $38,149,974 $38,149,974 $38,149,974 State General Funds $38,149,974 $38,149,974 $38,149,974 TOTAL PUBLIC FUNDS $38,149,974 $38,149,974 $38,149,974 281.1 Transfer funds to the Clemency Decisions program to cover operating expenses. State General Funds ($49,350) ($49,350) ($49,350) 281.0 Parole Supervision Appropriation (HB 989) The purpose is for transitioning offenders from prison back into the community as productive, law abiding citizens. TOTAL STATE FUNDS $38,100,624 $38,100,624 $38,100,624 State General Funds $38,100,624 $38,100,624 $38,100,624 TOTAL PUBLIC FUNDS $38,100,624 $38,100,624 $38,100,624 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 $553,346 $553,346 $553,346 State General Funds $553,346 $553,346 $553,346 TOTAL PUBLIC FUNDS $553,346 $553,346 $553,346 282.0 Victim Services Appropriation (HB 989) 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 State General Funds TOTAL PUBLIC FUNDS $553,346 $553,346 $553,346 $553,346 $553,346 $553,346 $553,346 $553,346 $553,346 THURSDAY, FEBRUARY 21, 2008 773 Section 35: Properties Commission, State TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $1,250,000 $1,250,000 $1,250,000 $1,250,000 $999,895 $999,895 $999,895 $999,895 $2,249,895 $2,249,895 Section Total - Final $1,250,000 $1,250,000 $999,895 $999,895 $2,249,895 $1,250,000 $1,250,000 $999,895 $999,895 $2,249,895 $1,250,000 $1,250,000 $999,895 $999,895 $2,249,895 $1,250,000 $1,250,000 $999,895 $999,895 $2,249,895 Leasing Continuation Budget 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 STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $406,637 $406,637 $406,637 State Funds Transfers $406,637 $406,637 $406,637 Rental Payments $406,637 $406,637 $406,637 TOTAL PUBLIC FUNDS $406,637 $406,637 $406,637 283.0 Leasing Appropriation (HB 989) 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 $406,637 $406,637 $406,637 State Funds Transfers $406,637 $406,637 $406,637 Rental Payments $406,637 $406,637 $406,637 TOTAL PUBLIC FUNDS $406,637 $406,637 $406,637 Properties Commission, State Continuation Budget The purpose of this appropriation is to assure the taxpayers of Georgia that acquisitions and dispositions of state property are carried 774 JOURNAL OF THE SENATE out in an equitable, legal, ethical, and efficient manner. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $593,258 $593,258 $593,258 State Funds Transfers $593,258 $593,258 $593,258 Rental Payments $593,258 $593,258 $593,258 TOTAL PUBLIC FUNDS $593,258 $593,258 $593,258 284.0 Properties Commission, State Appropriation (HB 989) 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. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $593,258 $593,258 $593,258 State Funds Transfers $593,258 $593,258 $593,258 Rental Payments $593,258 $593,258 $593,258 TOTAL PUBLIC FUNDS $593,258 $593,258 $593,258 Payments to Georgia Building Authority Continuation Budget The purpose of this appropriation is to provide maintenance, repairs and preparatory work on property owned by the Georgia Building Authority. TOTAL STATE FUNDS $1,250,000 $1,250,000 $1,250,000 State General Funds $1,250,000 $1,250,000 $1,250,000 TOTAL PUBLIC FUNDS $1,250,000 $1,250,000 $1,250,000 285.0 Payments to Georgia Building Authority Appropriation (HB 989) The purpose of this appropriation is to provide maintenance, repairs and preparatory work on property owned by the Georgia Building Authority. TOTAL STATE FUNDS $1,250,000 $1,250,000 $1,250,000 State General Funds $1,250,000 $1,250,000 $1,250,000 TOTAL PUBLIC FUNDS $1,250,000 $1,250,000 $1,250,000 Section 36: Public Defender Standards Council, Georgia TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Section Total - Continuation $35,430,140 $35,430,140 $4,835,038 $35,430,140 $35,430,140 $4,835,038 $35,430,140 $35,430,140 $4,835,038 THURSDAY, FEBRUARY 21, 2008 775 Interest and Investment Income Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Sales and Services TOTAL PUBLIC FUNDS $2,619,787 $2,619,787 $2,215,251 $2,215,251 $40,265,178 $40,265,178 Section Total - Final $39,117,324 $39,117,324 $4,835,038 $39,117,324 $39,117,324 $4,835,038 $2,619,787 $2,215,251 $43,952,362 $2,619,787 $2,215,251 $43,952,362 $2,619,787 $2,215,251 $40,265,178 $35,943,265 $35,943,265 $8,430,712 $18,500 $4,748,923 $3,663,289 $44,373,977 Public Defender Standards Council Continuation Budget The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate and Central Office. TOTAL STATE FUNDS $5,930,028 $5,930,028 $5,930,028 State General Funds $5,930,028 $5,930,028 $5,930,028 TOTAL AGENCY FUNDS $2,775,048 $2,775,048 $2,775,048 Interest and Investment Income $559,797 $559,797 $559,797 Interest and Investment Income Not Itemized $559,797 $559,797 $559,797 Sales and Services $2,215,251 $2,215,251 $2,215,251 Sales and Services Not Itemized $2,215,251 $2,215,251 $2,215,251 TOTAL PUBLIC FUNDS $8,705,076 $8,705,076 $8,705,076 23.1 Increase funds to address a pending backlog of indigent defense cases assigned to private attorneys due to a conflict of interest. (S:Utilize reserves received from the Administrative Office of the Courts to cover this one-time shortfall per the Legislative Oversight Committee's Annual Report issued in accordance with O.C.G.A 17-12-10.1b) State General Funds $992,099 $992,099 $0 Sales and Services Not Itemized $1,448,038 TOTAL PUBLIC FUNDS $1,448,038 23.0 Public Defender Standards Council Appropriation (HB 989) The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate and Central Office. TOTAL STATE FUNDS $6,922,127 $6,922,127 $5,930,028 776 JOURNAL OF THE SENATE State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,922,127 $2,775,048 $559,797 $559,797 $2,215,251 $2,215,251 $9,697,175 $6,922,127 $2,775,048 $559,797 $559,797 $2,215,251 $2,215,251 $9,697,175 $5,930,028 $4,223,086 $559,797 $559,797 $3,663,289 $3,663,289 $10,153,114 Public Defenders Continuation Budget 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; provided that staffing for circuits are based on O.C.G.A. 17-12. TOTAL STATE FUNDS $29,500,112 $29,500,112 $29,500,112 State General Funds $29,500,112 $29,500,112 $29,500,112 TOTAL AGENCY FUNDS $2,059,990 $2,059,990 $2,059,990 Interest and Investment Income $2,059,990 $2,059,990 $2,059,990 Interest and Investment Income Not Itemized $2,059,990 $2,059,990 $2,059,990 TOTAL PUBLIC FUNDS $31,560,102 $31,560,102 $31,560,102 24.1 Increase funds to address a pending backlog of indigent defense cases assigned to private attorneys due to a conflict of interest. (S:Utilize reserves received from the Administrative Office of the Courts to cover this one-time shortfall per the Legislative Oversight Committee's Annual Report issued in accordance with O.C.G.A 17-12-10.1b) State General Funds $2,695,085 $2,695,085 $513,125 Reserved Fund Balances Not Itemized $18,500 Interest and Investment Income Not Itemized $2,129,136 TOTAL PUBLIC FUNDS $2,660,761 24.0 Public Defenders Appropriation (HB 989) 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; provided that staffing for circuits are based on O.C.G.A. 17-12. TOTAL STATE FUNDS $32,195,197 $32,195,197 $30,013,237 State General Funds $32,195,197 $32,195,197 $30,013,237 TOTAL AGENCY FUNDS $2,059,990 $2,059,990 $4,207,626 Reserved Fund Balances $18,500 THURSDAY, FEBRUARY 21, 2008 777 Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS $2,059,990 $2,059,990 $34,255,187 $2,059,990 $2,059,990 $34,255,187 $18,500 $4,189,126 $4,189,126 $34,220,863 Section 37: Public Safety, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $121,232,673 $121,232,673 $121,232,673 $121,232,673 $8,328,935 $8,328,935 $8,328,935 $8,328,935 $9,382,406 $9,382,406 $3,151,435 $3,151,435 $6,230,971 $6,230,971 $138,944,014 $138,944,014 Section Total - Final $121,232,673 $121,232,673 $8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $138,944,014 $122,456,673 $122,456,673 $8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $140,168,014 $122,456,673 $122,456,673 $8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $140,168,014 $122,456,673 $122,456,673 $8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $140,168,014 Aviation Continuation Budget 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 $2,630,550 $2,630,550 $2,630,550 State General Funds $2,630,550 $2,630,550 $2,630,550 TOTAL PUBLIC FUNDS $2,630,550 $2,630,550 $2,630,550 286.1 Transfer funds from the Field Offices and Services program for the special law enforcement salary increase to reflect expenditures. 778 JOURNAL OF THE SENATE State General Funds $235,421 $225,968 286.0 Aviation Appropriation (HB 989) 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 $2,630,550 $2,865,971 $2,856,518 State General Funds $2,630,550 $2,865,971 $2,856,518 TOTAL PUBLIC FUNDS $2,630,550 $2,865,971 $2,856,518 Capitol Police Services Continuation Budget The purpose of this appropriation 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 AGENCY FUNDS $3,151,435 $3,151,435 $3,151,435 Intergovernmental Transfers $3,151,435 $3,151,435 $3,151,435 Intergovernmental Transfers Not Itemized $3,151,435 $3,151,435 $3,151,435 TOTAL PUBLIC FUNDS $3,151,435 $3,151,435 $3,151,435 287.0 Capitol Police Services Appropriation (HB 989) 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 $3,151,435 $3,151,435 $3,151,435 Intergovernmental Transfers $3,151,435 $3,151,435 $3,151,435 Intergovernmental Transfers Not Itemized $3,151,435 $3,151,435 $3,151,435 TOTAL PUBLIC FUNDS $3,151,435 $3,151,435 $3,151,435 Departmental Administration Continuation Budget 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 $9,434,931 $9,434,931 $9,434,931 State General Funds $9,434,931 $9,434,931 $9,434,931 TOTAL PUBLIC FUNDS $9,434,931 $9,434,931 $9,434,931 288.0 Departmental Administration Appropriation (HB 989) 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. THURSDAY, FEBRUARY 21, 2008 779 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $9,434,931 $9,434,931 $9,434,931 $9,434,931 $9,434,931 $9,434,931 $9,434,931 $9,434,931 $9,434,931 Executive Security Services Continuation Budget 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 $1,467,064 $1,467,064 $1,467,064 State General Funds $1,467,064 $1,467,064 $1,467,064 TOTAL PUBLIC FUNDS $1,467,064 $1,467,064 $1,467,064 289.1 Transfer funds from the Field Offices and Services program for the special law enforcement salary increase to reflect expenditures. State General Funds $52,567 $17,847 289.0 Executive Security Services Appropriation (HB 989) 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 $1,467,064 $1,519,631 $1,484,911 State General Funds $1,467,064 $1,519,631 $1,484,911 TOTAL PUBLIC FUNDS $1,467,064 $1,519,631 $1,484,911 Field Offices and Services Continuation Budget 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 $78,566,545 $78,566,545 $78,566,545 State General Funds $78,566,545 $78,566,545 $78,566,545 TOTAL PUBLIC FUNDS $78,566,545 $78,566,545 $78,566,545 290.1 Increase funds to replace thirty-four high-mileage trooper cars. State General Funds $1,224,000 $1,224,000 $1,224,000 290.2 Transfer funds to the Aviation, Executive Security Services, Specialized Collision Reconstruction Team, and Troop J Specialty Units programs for the special law enforcement salary increase to reflect expenditures. State General Funds ($488,250) ($506,109) 290.0 Field Offices and Services Appropriation (HB 989) The purpose of this appropriation is to reduce drug trafficking in the State of Georgia by networking with other state, federal and 780 JOURNAL OF THE SENATE local law enforcement agencies. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $79,790,545 $79,790,545 $79,790,545 $79,302,295 $79,302,295 $79,302,295 $79,284,436 $79,284,436 $79,284,436 Motor Carrier Compliance Continuation Budget The purpose of this appropriation is to provide safety and compliance enforcement for commercial motor carriers, school buses, large passenger vehicles, and enforce High Occupancy Vehicle lane use restrictions. TOTAL STATE FUNDS $7,843,468 $7,843,468 $7,843,468 State General Funds $7,843,468 $7,843,468 $7,843,468 TOTAL FEDERAL FUNDS $5,161,998 $5,161,998 $5,161,998 Federal Funds Not Itemized $5,161,998 $5,161,998 $5,161,998 TOTAL AGENCY FUNDS $4,596,898 $4,596,898 $4,596,898 Sales and Services $4,596,898 $4,596,898 $4,596,898 Sales and Services Not Itemized $4,596,898 $4,596,898 $4,596,898 TOTAL PUBLIC FUNDS $17,602,364 $17,602,364 $17,602,364 291.0 Motor Carrier Compliance Appropriation (HB 989) The purpose of this appropriation is to provide safety and compliance enforcement for commercial motor carriers, school buses, large passenger vehicles, and enforce High Occupancy Vehicle lane use restrictions. TOTAL STATE FUNDS $7,843,468 $7,843,468 $7,843,468 State General Funds $7,843,468 $7,843,468 $7,843,468 TOTAL FEDERAL FUNDS $5,161,998 $5,161,998 $5,161,998 Federal Funds Not Itemized $5,161,998 $5,161,998 $5,161,998 TOTAL AGENCY FUNDS $4,596,898 $4,596,898 $4,596,898 Sales and Services $4,596,898 $4,596,898 $4,596,898 Sales and Services Not Itemized $4,596,898 $4,596,898 $4,596,898 TOTAL PUBLIC FUNDS $17,602,364 $17,602,364 $17,602,364 Specialized Collision Reconstruction Team Continuation Budget 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 $2,517,279 $2,517,279 $2,517,279 State General Funds $2,517,279 $2,517,279 $2,517,279 THURSDAY, FEBRUARY 21, 2008 781 TOTAL PUBLIC FUNDS $2,517,279 $2,517,279 $2,517,279 292.1 Transfer funds from the Field Offices and Services program for the special law enforcement salary increase to reflect expenditures. State General Funds $143,173 $249,943 292.0 Specialized Collision Reconstruction Team Appropriation (HB 989) 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 $2,517,279 $2,660,452 $2,767,222 State General Funds $2,517,279 $2,660,452 $2,767,222 TOTAL PUBLIC FUNDS $2,517,279 $2,660,452 $2,767,222 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 $2,460,304 $2,460,304 $2,460,304 State General Funds $2,460,304 $2,460,304 $2,460,304 TOTAL PUBLIC FUNDS $2,460,304 $2,460,304 $2,460,304 293.1 Transfer funds from the Field Offices and Services program for the special law enforcement salary increase to reflect expenditures. State General Funds $57,089 $12,351 293.0 Troop J Specialty Units Appropriation (HB 989) 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 $2,460,304 $2,517,393 $2,472,655 State General Funds $2,460,304 $2,517,393 $2,472,655 TOTAL PUBLIC FUNDS $2,460,304 $2,517,393 $2,472,655 Firefighter Standards and Training Council, Georgia Continuation Budget The purpose of this appropriation is to provide professionally trained, competent and ethical firefighters with the proper equipment and facilities to ensure a fire safe environment for Georgia citizens and establish professional standards for fire service training, including consulting, testing and certification of Georgia's firefighters. TOTAL STATE FUNDS $905,403 $905,403 $905,403 State General Funds $905,403 $905,403 $905,403 782 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $905,403 $905,403 $905,403 294.0 Firefighter Standards and Training Council, Georgia Appropriation (HB 989) The purpose of this appropriation is to provide professionally trained, competent and ethical firefighters with the proper equipment and facilities to ensure a fire safe environment for Georgia citizens and establish professional standards for fire service training, including consulting, testing and certification of Georgia's firefighters. TOTAL STATE FUNDS $905,403 $905,403 $905,403 State General Funds $905,403 $905,403 $905,403 TOTAL PUBLIC FUNDS $905,403 $905,403 $905,403 Highway Safety, Office of Continuation Budget 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 $521,295 $521,295 $521,295 State General Funds $521,295 $521,295 $521,295 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 $3,688,232 $3,688,232 $3,688,232 295.0 Highway Safety, Office of Appropriation (HB 989) 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 $521,295 $521,295 $521,295 State General Funds $521,295 $521,295 $521,295 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 $3,688,232 $3,688,232 $3,688,232 Peace Officer Standards and Training Council, Georgia Continuation Budget The purpose of this appropriation is to set standards for the law enforcement community, ensure training at the highest level for all of Georgia's law enforcement officers and public safety professionals, and certify individuals when all requirements are met. The purpose of this appropriation is also to investigate officers and public safety professionals when an allegation of unethical/illegal conduct is made and sanction these individuals' by disciplining officers and public safety professionals when necessary. TOTAL STATE FUNDS $2,126,893 $2,126,893 $2,126,893 State General Funds $2,126,893 $2,126,893 $2,126,893 THURSDAY, FEBRUARY 21, 2008 783 TOTAL PUBLIC FUNDS $2,126,893 $2,126,893 $2,126,893 296.0 Peace Officer Standards and Training Council, Georgia Appropriation (HB 989) The purpose of this appropriation is to set standards for the law enforcement community, ensure training at the highest level for all of Georgia's law enforcement officers and public safety professionals, and certify individuals when all requirements are met. The purpose of this appropriation is also to investigate officers and public safety professionals when an allegation of unethical/illegal conduct is made and sanction these individuals' by disciplining officers and public safety professionals when necessary. TOTAL STATE FUNDS $2,126,893 $2,126,893 $2,126,893 State General Funds $2,126,893 $2,126,893 $2,126,893 TOTAL PUBLIC FUNDS $2,126,893 $2,126,893 $2,126,893 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 $12,758,941 $12,758,941 $12,758,941 State General Funds $12,758,941 $12,758,941 $12,758,941 TOTAL AGENCY FUNDS $1,634,073 $1,634,073 $1,634,073 Sales and Services $1,634,073 $1,634,073 $1,634,073 Sales and Services Not Itemized $1,634,073 $1,634,073 $1,634,073 TOTAL PUBLIC FUNDS $14,393,014 $14,393,014 $14,393,014 297.0 Public Safety Training Center, Georgia Appropriation (HB 989) 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 $12,758,941 $12,758,941 $12,758,941 State General Funds $12,758,941 $12,758,941 $12,758,941 TOTAL AGENCY FUNDS $1,634,073 $1,634,073 $1,634,073 Sales and Services $1,634,073 $1,634,073 $1,634,073 Sales and Services Not Itemized $1,634,073 $1,634,073 $1,634,073 TOTAL PUBLIC FUNDS $14,393,014 $14,393,014 $14,393,014 Section 38: Public Service Commission TOTAL STATE FUNDS State General Funds Section Total - Continuation $9,965,190 $9,965,190 $9,965,190 $9,965,190 $9,965,190 $9,965,190 784 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $449,000 $449,000 $449,000 $449,000 $10,414,190 $10,414,190 Section Total - Final $9,965,190 $9,965,190 $449,000 $449,000 $10,414,190 $9,965,190 $9,965,190 $449,000 $449,000 $10,414,190 $449,000 $449,000 $10,414,190 $9,965,190 $9,965,190 $449,000 $449,000 $10,414,190 Commission Administration Continuation Budget The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,258,488 $1,258,488 $1,258,488 State General Funds $1,258,488 $1,258,488 $1,258,488 TOTAL PUBLIC FUNDS $1,258,488 $1,258,488 $1,258,488 298.0 Commission Administration Appropriation (HB 989) The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,258,488 $1,258,488 $1,258,488 State General Funds $1,258,488 $1,258,488 $1,258,488 TOTAL PUBLIC FUNDS $1,258,488 $1,258,488 $1,258,488 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 $853,658 $853,658 $853,658 State General Funds $853,658 $853,658 $853,658 TOTAL FEDERAL FUNDS $449,000 $449,000 $449,000 Federal Funds Not Itemized $449,000 $449,000 $449,000 TOTAL PUBLIC FUNDS $1,302,658 $1,302,658 $1,302,658 299.0 Facility Protection Appropriation (HB 989) The purpose of this is to provide for the protection of the buried utility facility infrastructure within the State of Georgia. TOTAL STATE FUNDS $853,658 $853,658 $853,658 State General Funds $853,658 $853,658 $853,658 TOTAL FEDERAL FUNDS $449,000 $449,000 $449,000 THURSDAY, FEBRUARY 21, 2008 785 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $449,000 $1,302,658 $449,000 $1,302,658 $449,000 $1,302,658 Utilities Regulation Continuation Budget The purpose of this appropriation is to regulate intrastate telecommunications, natural gas, and electric utilities. TOTAL STATE FUNDS $7,853,044 $7,853,044 $7,853,044 State General Funds $7,853,044 $7,853,044 $7,853,044 TOTAL PUBLIC FUNDS $7,853,044 $7,853,044 $7,853,044 300.0 Utilities Regulation Appropriation (HB 989) The purpose of this appropriation is to regulate intrastate telecommunications, natural gas, and electric utilities. TOTAL STATE FUNDS $7,853,044 $7,853,044 $7,853,044 State General Funds $7,853,044 $7,853,044 $7,853,044 TOTAL PUBLIC FUNDS $7,853,044 $7,853,044 $7,853,044 Section 39: Regents, University System of Georgia TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Rebates, Refunds, and Reimbursements Section Total - Continuation $2,135,814,859 $2,135,814,859 $2,115,477,060 $2,115,477,060 $20,337,799 $20,337,799 $2,942,009,923 $2,942,009,923 $3,625,810 $3,625,810 $1,650,229,015 $1,650,229,015 $67,791,355 $67,791,355 $1,220,363,743 $1,220,363,743 $5,077,824,782 $5,077,824,782 Section Total - Final $2,135,814,859 $2,115,477,060 $20,337,799 $2,942,009,923 $3,625,810 $1,650,229,015 $67,791,355 $1,220,363,743 $5,077,824,782 $2,143,646,737 $2,123,308,938 $20,337,799 $2,942,009,923 $3,625,810 $1,650,229,015 $67,791,355 $2,142,846,737 $2,122,508,938 $20,337,799 $2,942,009,923 $3,625,810 $1,650,229,015 $67,791,355 $2,142,447,737 $2,122,109,938 $20,337,799 $2,942,009,923 $3,625,810 $1,650,229,015 $67,791,355 786 JOURNAL OF THE SENATE Sales and Services TOTAL PUBLIC FUNDS $1,220,363,743 $1,220,363,743 $1,220,363,743 $5,085,656,660 $5,084,856,660 $5,084,457,660 Advanced Institute Technology Development Center/Economic Development Continuation Budget The purpose of this appropriation is to provide strategic business advice and connect its member companies to the people and resources they need to succeed. TOTAL STATE FUNDS $15,099,712 $15,099,712 $15,099,712 State General Funds $15,099,712 $15,099,712 $15,099,712 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 $27,974,712 $27,974,712 $27,974,712 301.0 Advanced Institute Technology Development Center/Economic Development Appropriation (HB 989) The purpose of this appropriation is to provide strategic business advice and connect its member companies to the people and resources they need to succeed. TOTAL STATE FUNDS $15,099,712 $15,099,712 $15,099,712 State General Funds $15,099,712 $15,099,712 $15,099,712 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 $27,974,712 $27,974,712 $27,974,712 Agricultural Experiment Station Continuation Budget The purpose of this appropriation is to improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competiveness. TOTAL STATE FUNDS $42,936,221 $42,936,221 $42,936,221 State General Funds $42,936,221 $42,936,221 $42,936,221 THURSDAY, FEBRUARY 21, 2008 787 TOTAL AGENCY FUNDS $32,441,262 $32,441,262 $32,441,262 Intergovernmental Transfers $26,604,976 $26,604,976 $26,604,976 Intergovernmental Transfers Not Itemized $26,604,976 $26,604,976 $26,604,976 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 $75,377,483 $75,377,483 $75,377,483 302.0 Agricultural Experiment Station Appropriation (HB 989) The purpose of this appropriation is to improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competiveness. TOTAL STATE FUNDS $42,936,221 $42,936,221 $42,936,221 State General Funds $42,936,221 $42,936,221 $42,936,221 TOTAL AGENCY FUNDS $32,441,262 $32,441,262 $32,441,262 Intergovernmental Transfers $26,604,976 $26,604,976 $26,604,976 Intergovernmental Transfers Not Itemized $26,604,976 $26,604,976 $26,604,976 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 $75,377,483 $75,377,483 $75,377,483 Athens and Tifton Veterinary Laboratories Continuation Budget 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 $62,192 $62,192 $62,192 State General Funds $62,192 $62,192 $62,192 TOTAL AGENCY FUNDS $4,820,138 $4,820,138 $4,820,138 Intergovernmental Transfers $4,820,138 $4,820,138 $4,820,138 Intergovernmental Transfers Not Itemized $4,820,138 $4,820,138 $4,820,138 TOTAL PUBLIC FUNDS $4,882,330 $4,882,330 $4,882,330 303.0 Athens and Tifton Veterinary Laboratories Appropriation (HB 989) The purpose of this appropriation is to ensure the safety of our food supply and the health of animals (production, equine and 788 JOURNAL OF THE SENATE companion) within the State of Georgia. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $62,192 $62,192 $4,820,138 $4,820,138 $4,820,138 $4,882,330 $62,192 $62,192 $4,820,138 $4,820,138 $4,820,138 $4,882,330 $62,192 $62,192 $4,820,138 $4,820,138 $4,820,138 $4,882,330 Cooperative Extension Service Continuation Budget 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 $35,391,924 $35,391,924 $35,391,924 State General Funds $35,391,924 $35,391,924 $35,391,924 TOTAL AGENCY FUNDS $23,094,137 $23,094,137 $23,094,137 Intergovernmental Transfers $20,546,243 $20,546,243 $20,546,243 Intergovernmental Transfers Not Itemized $20,546,243 $20,546,243 $20,546,243 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 Sales and Services Not Itemized $2,422,894 $2,422,894 $2,422,894 TOTAL PUBLIC FUNDS $58,486,061 $58,486,061 $58,486,061 304.1 Reduce one-time funds received for the Formosan Termite Project. State General Funds ($80,000) 304.0 Cooperative Extension Service Appropriation (HB 989) 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 $35,391,924 $35,391,924 $35,311,924 State General Funds $35,391,924 $35,391,924 $35,311,924 TOTAL AGENCY FUNDS $23,094,137 $23,094,137 $23,094,137 Intergovernmental Transfers $20,546,243 $20,546,243 $20,546,243 Intergovernmental Transfers Not Itemized $20,546,243 $20,546,243 $20,546,243 Rebates, Refunds, and Reimbursements $125,000 $125,000 $125,000 Rebates, Refunds, and Reimbursements Not Itemized $125,000 $125,000 $125,000 THURSDAY, FEBRUARY 21, 2008 789 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,422,894 $2,422,894 $58,486,061 $2,422,894 $2,422,894 $58,486,061 $2,422,894 $2,422,894 $58,406,061 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 $687,388 $687,388 $687,388 State General Funds $687,388 $687,388 $687,388 TOTAL AGENCY FUNDS $300,405 $300,405 $300,405 Intergovernmental Transfers $200,000 $200,000 $200,000 Intergovernmental Transfers Not Itemized $200,000 $200,000 $200,000 Sales and Services $100,405 $100,405 $100,405 Sales and Services Not Itemized $100,405 $100,405 $100,405 TOTAL PUBLIC FUNDS $987,793 $987,793 $987,793 305.0 Forestry Cooperative Extension Appropriation (HB 989) 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 $687,388 $687,388 $687,388 State General Funds $687,388 $687,388 $687,388 TOTAL AGENCY FUNDS $300,405 $300,405 $300,405 Intergovernmental Transfers $200,000 $200,000 $200,000 Intergovernmental Transfers Not Itemized $200,000 $200,000 $200,000 Sales and Services $100,405 $100,405 $100,405 Sales and Services Not Itemized $100,405 $100,405 $100,405 TOTAL PUBLIC FUNDS $987,793 $987,793 $987,793 Forestry Research Continuation Budget The purpose of this appropriation is to sustain the competitiveness of Georgia's forest products' industry and private land owners through research and meet the environmental goals of the Sustainable Forestry Initiative. TOTAL STATE FUNDS $3,276,331 $3,276,331 $3,276,331 State General Funds $3,276,331 $3,276,331 $3,276,331 TOTAL AGENCY FUNDS $2,550,000 $2,550,000 $2,550,000 790 JOURNAL OF THE SENATE Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,000,000 $2,000,000 $550,000 $550,000 $5,826,331 $2,000,000 $2,000,000 $550,000 $550,000 $5,826,331 $2,000,000 $2,000,000 $550,000 $550,000 $5,826,331 306.0 Forestry Research Appropriation (HB 989) The purpose of this appropriation is to sustain the competitiveness of Georgia's forest products' industry and private land owners through research and meet the environmental goals of the Sustainable Forestry Initiative. TOTAL STATE FUNDS $3,276,331 $3,276,331 $3,276,331 State General Funds $3,276,331 $3,276,331 $3,276,331 TOTAL AGENCY FUNDS $2,550,000 $2,550,000 $2,550,000 Intergovernmental Transfers $2,000,000 $2,000,000 $2,000,000 Intergovernmental Transfers Not Itemized $2,000,000 $2,000,000 $2,000,000 Sales and Services $550,000 $550,000 $550,000 Sales and Services Not Itemized $550,000 $550,000 $550,000 TOTAL PUBLIC FUNDS $5,826,331 $5,826,331 $5,826,331 Georgia Radiation Therapy Center Continuation Budget The purpose of this appropriation is to provide patient care and education. TOTAL STATE FUNDS $0 $0 State General Funds $0 $0 TOTAL AGENCY FUNDS $3,625,810 $3,625,810 Contributions, Donations, and Forfeitures $3,625,810 $3,625,810 Contributions, Donations, and Forfeitures Not Itemized $3,625,810 $3,625,810 TOTAL PUBLIC FUNDS $3,625,810 $3,625,810 $0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810 307.0 Georgia Radiation Therapy Center Appropriation (HB 989) The purpose of this appropriation is to provide patient care and education. TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 THURSDAY, FEBRUARY 21, 2008 791 Georgia Tech Research Institute Continuation Budget 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. TOTAL STATE FUNDS $7,868,427 $7,868,427 $7,868,427 State General Funds $7,868,427 $7,868,427 $7,868,427 TOTAL AGENCY FUNDS $133,917,958 $133,917,958 $133,917,958 Intergovernmental Transfers $78,469,736 $78,469,736 $78,469,736 Intergovernmental Transfers Not Itemized $78,469,736 $78,469,736 $78,469,736 Rebates, Refunds, and Reimbursements $42,748,222 $42,748,222 $42,748,222 Rebates, Refunds, and Reimbursements Not Itemized $42,748,222 $42,748,222 $42,748,222 Sales and Services $12,700,000 $12,700,000 $12,700,000 Sales and Services Not Itemized $12,700,000 $12,700,000 $12,700,000 TOTAL PUBLIC FUNDS $141,786,385 $141,786,385 $141,786,385 308.0 Georgia Tech Research Institute Appropriation (HB 989) 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. TOTAL STATE FUNDS $7,868,427 $7,868,427 $7,868,427 State General Funds $7,868,427 $7,868,427 $7,868,427 TOTAL AGENCY FUNDS $133,917,958 $133,917,958 $133,917,958 Intergovernmental Transfers $78,469,736 $78,469,736 $78,469,736 Intergovernmental Transfers Not Itemized $78,469,736 $78,469,736 $78,469,736 Rebates, Refunds, and Reimbursements $42,748,222 $42,748,222 $42,748,222 Rebates, Refunds, and Reimbursements Not Itemized $42,748,222 $42,748,222 $42,748,222 Sales and Services $12,700,000 $12,700,000 $12,700,000 Sales and Services Not Itemized $12,700,000 $12,700,000 $12,700,000 TOTAL PUBLIC FUNDS $141,786,385 $141,786,385 $141,786,385 Marine Institute Continuation Budget The purpose of this appropriation is to understand the processes that affect the condition of the salt marsh and coastline. TOTAL STATE FUNDS $964,361 $964,361 $964,361 State General Funds $964,361 $964,361 $964,361 TOTAL AGENCY FUNDS $767,633 $767,633 $767,633 Intergovernmental Transfers $700,000 $700,000 $700,000 792 JOURNAL OF THE SENATE 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 $1,731,994 $1,731,994 $1,731,994 309.0 Marine Institute Appropriation (HB 989) The purpose of this appropriation is to understand the processes that affect the condition of the salt marsh and coastline. TOTAL STATE FUNDS $964,361 $964,361 $964,361 State General Funds $964,361 $964,361 $964,361 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 $1,731,994 $1,731,994 $1,731,994 Marine Resources Extension Center Continuation Budget The purpose of this appropriation is to transfer technology, provide training, and conduct applied research. TOTAL STATE FUNDS $1,576,721 $1,576,721 $1,576,721 State General Funds $1,576,721 $1,576,721 $1,576,721 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 $2,761,521 $2,761,521 $2,761,521 310.0 Marine Resources Extension Center Appropriation (HB 989) The purpose of this appropriation is to transfer technology, provide training, and conduct applied research. TOTAL STATE FUNDS $1,576,721 $1,576,721 $1,576,721 State General Funds $1,576,721 $1,576,721 $1,576,721 TOTAL AGENCY FUNDS $1,184,800 $1,184,800 $1,184,800 Intergovernmental Transfers $600,000 $600,000 $600,000 THURSDAY, FEBRUARY 21, 2008 793 Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $600,000 $90,000 $90,000 $494,800 $494,800 $2,761,521 $600,000 $90,000 $90,000 $494,800 $494,800 $2,761,521 $600,000 $90,000 $90,000 $494,800 $494,800 $2,761,521 Medical College of Georgia Hospital and Clinics The purpose of this appropriation is to care, teach, and refer clients. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 311.0 Medical College of Georgia Hospital and Clinics The purpose of this appropriation is to care, teach, and refer clients. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 Appropriation (HB 989) $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 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 $884,273 $884,273 $884,273 State General Funds $884,273 $884,273 $884,273 TOTAL PUBLIC FUNDS $884,273 $884,273 $884,273 312.0 Office of Minority Business Enterprise Appropriation (HB 989) 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 $884,273 $884,273 $884,273 State General Funds $884,273 $884,273 $884,273 TOTAL PUBLIC FUNDS $884,273 $884,273 $884,273 Payments to the Georgia Cancer Coalition Continuation Budget The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and preventative measures. 794 JOURNAL OF THE SENATE TOTAL STATE FUNDS $14,587,799 $14,587,799 $14,587,799 State General Funds $0 $0 $0 Tobacco Settlement Funds $14,587,799 $14,587,799 $14,587,799 TOTAL PUBLIC FUNDS $14,587,799 $14,587,799 $14,587,799 313.0 Payments to the Georgia Cancer Coalition Appropriation (HB 989) The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and preventative measures. TOTAL STATE FUNDS $14,587,799 $14,587,799 $14,587,799 Tobacco Settlement Funds $14,587,799 $14,587,799 $14,587,799 TOTAL PUBLIC FUNDS $14,587,799 $14,587,799 $14,587,799 Public Libraries Continuation Budget The purpose of this appropriation is to provide library services for Georgians and to award grants from the Public Library Fund. TOTAL STATE FUNDS $41,015,101 $41,015,101 $41,015,101 State General Funds $41,015,101 $41,015,101 $41,015,101 TOTAL AGENCY FUNDS $4,522,400 $4,522,400 $4,522,400 Intergovernmental Transfers $4,522,400 $4,522,400 $4,522,400 Intergovernmental Transfers Not Itemized $4,522,400 $4,522,400 $4,522,400 TOTAL PUBLIC FUNDS $45,537,501 $45,537,501 $45,537,501 314.1 Reduce one-time funds received for the Three Rivers Regional Library in Glynn County. State General Funds ($19,000) 314.0 Public Libraries Appropriation (HB 989) The purpose of this appropriation is to provide library services for Georgians and to award grants from the Public Library Fund. TOTAL STATE FUNDS $41,015,101 $41,015,101 $40,996,101 State General Funds $41,015,101 $41,015,101 $40,996,101 TOTAL AGENCY FUNDS $4,522,400 $4,522,400 $4,522,400 Intergovernmental Transfers $4,522,400 $4,522,400 $4,522,400 Intergovernmental Transfers Not Itemized $4,522,400 $4,522,400 $4,522,400 TOTAL PUBLIC FUNDS $45,537,501 $45,537,501 $45,518,501 Public Service / Special Funding Initiatives Continuation Budget The purpose of this appropriation is to provide leadership, service, and education. TOTAL STATE FUNDS $46,081,344 $46,081,344 State General Funds $41,081,344 $41,081,344 $46,081,344 $41,081,344 THURSDAY, FEBRUARY 21, 2008 795 Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $46,081,344 $46,081,344 $46,081,344 315.1 Reduce funds from the Georgia Water Planning and Policy Center at Albany State University. State General Funds ($180,000) ($130,000) 315.2 Reduce funds from the Washington Center for Internships and Academic Seminars. State General Funds ($45,000) ($45,000) 315.3 Reduce one-time funds received for business plans to support the incorporation efforts of Chattahoochee Hills and the City of South Fulton. State General Funds ($150,000) 315.0 Public Service / Special Funding Initiatives Appropriation (HB 989) The purpose of this appropriation is to provide leadership, service, and education. TOTAL STATE FUNDS $46,081,344 $45,856,344 $45,756,344 State General Funds $41,081,344 $40,856,344 $40,756,344 Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $46,081,344 $45,856,344 $45,756,344 Regents Central Office Continuation Budget The purpose of this appropriation is to provide administrative support to all colleges and universities in the university system. TOTAL STATE FUNDS $7,683,800 $7,683,800 $7,683,800 State General Funds $7,683,800 $7,683,800 $7,683,800 TOTAL PUBLIC FUNDS $7,683,800 $7,683,800 $7,683,800 316.0 Regents Central Office Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to all colleges and universities in the university system. TOTAL STATE FUNDS $7,683,800 $7,683,800 $7,683,800 State General Funds $7,683,800 $7,683,800 $7,683,800 TOTAL PUBLIC FUNDS $7,683,800 $7,683,800 $7,683,800 Research Consortium Continuation Budget The purpose of this appropriation is to conduct research to further industry in the State of Georgia. TOTAL STATE FUNDS $36,745,015 $36,745,015 $36,745,015 State General Funds $35,995,015 $35,995,015 $35,995,015 Tobacco Settlement Funds $750,000 $750,000 $750,000 TOTAL PUBLIC FUNDS $36,745,015 $36,745,015 $36,745,015 796 JOURNAL OF THE SENATE 317.0 Research Consortium Appropriation (HB 989) The purpose of this appropriation is to conduct research to further industry in the State of Georgia. TOTAL STATE FUNDS $36,745,015 $36,745,015 $36,745,015 State General Funds $35,995,015 $35,995,015 $35,995,015 Tobacco Settlement Funds $750,000 $750,000 $750,000 TOTAL PUBLIC FUNDS $36,745,015 $36,745,015 $36,745,015 Skidaway Institute of Oceanography Continuation Budget 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 $1,712,710 $1,712,710 $1,712,710 State General Funds $1,712,710 $1,712,710 $1,712,710 TOTAL AGENCY FUNDS $4,758,000 $4,758,000 $4,758,000 Intergovernmental Transfers $3,613,000 $3,613,000 $3,613,000 Intergovernmental Transfers Not Itemized $3,613,000 $3,613,000 $3,613,000 Sales and Services $1,145,000 $1,145,000 $1,145,000 Sales and Services Not Itemized $1,145,000 $1,145,000 $1,145,000 TOTAL PUBLIC FUNDS $6,470,710 $6,470,710 $6,470,710 318.0 Skidaway Institute of Oceanography Appropriation (HB 989) 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 $1,712,710 $1,712,710 $1,712,710 State General Funds $1,712,710 $1,712,710 $1,712,710 TOTAL AGENCY FUNDS $4,758,000 $4,758,000 $4,758,000 Intergovernmental Transfers $3,613,000 $3,613,000 $3,613,000 Intergovernmental Transfers Not Itemized $3,613,000 $3,613,000 $3,613,000 Sales and Services $1,145,000 $1,145,000 $1,145,000 Sales and Services Not Itemized $1,145,000 $1,145,000 $1,145,000 TOTAL PUBLIC FUNDS $6,470,710 $6,470,710 $6,470,710 Student Education Enrichment Program Continuation Budget The purpose of this appropriation is to provide underrepresented Georgia residents the opportunity to acquire educational experiences. THURSDAY, FEBRUARY 21, 2008 797 TOTAL STATE FUNDS $314,737 $314,737 $314,737 State General Funds $314,737 $314,737 $314,737 TOTAL PUBLIC FUNDS $314,737 $314,737 $314,737 319.0 Student Education Enrichment Program Appropriation (HB 989) The purpose of this appropriation is to provide underrepresented Georgia residents the opportunity to acquire educational experiences. TOTAL STATE FUNDS $314,737 $314,737 $314,737 State General Funds $314,737 $314,737 $314,737 TOTAL PUBLIC FUNDS $314,737 $314,737 $314,737 Teaching Continuation Budget The purpose of this appropriation 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 $1,820,227,086 $1,820,227,086 $1,820,227,086 State General Funds $1,820,227,086 $1,820,227,086 $1,820,227,086 TOTAL AGENCY FUNDS $2,710,452,380 $2,710,452,380 $2,710,452,380 Intergovernmental Transfers $1,500,277,522 $1,500,277,522 $1,500,277,522 Intergovernmental Transfers Not Itemized $1,500,277,522 $1,500,277,522 $1,500,277,522 Rebates, Refunds, and Reimbursements $22,960,500 $22,960,500 $22,960,500 Rebates, Refunds, and Reimbursements Not Itemized $22,960,500 $22,960,500 $22,960,500 Sales and Services $1,187,214,358 $1,187,214,358 $1,187,214,358 Sales and Services Not Itemized $1,187,214,358 $1,187,214,358 $1,187,214,358 TOTAL PUBLIC FUNDS $4,530,679,466 $4,530,679,466 $4,530,679,466 320.1 Increase funds for the debt service payback adjustment for the Olympic dormitories at Georgia Tech and Georgia State University. State General Funds $7,831,878 $7,831,878 $7,831,878 320.2 Reduce funds from outdoor education at Middle Georgia College. State General Funds ($375,000) ($375,000) 320.3 Reduce funds from administration costs at Valdosta State University associated with the creation of a charter school. State General Funds ($125,000) ($125,000) 320.4 Reduce funds from roof repairs, office supplies, and furniture at the Cordele campus of Darton College. State General Funds ($75,000) ($75,000) 320.5 Reduce one-time funds received for the Fort Valley Cooperative Energy program. 798 JOURNAL OF THE SENATE State General Funds ($100,000) 320.6 Reduce one-time funds received for the physical education addition at Kennesaw State University. State General Funds ($100,000) 320.0 Teaching Appropriation (HB 989) The purpose of this appropriation 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 $1,828,058,964 $1,827,483,964 $1,827,283,964 State General Funds $1,828,058,964 $1,827,483,964 $1,827,283,964 TOTAL AGENCY FUNDS $2,710,452,380 $2,710,452,380 $2,710,452,380 Intergovernmental Transfers $1,500,277,522 $1,500,277,522 $1,500,277,522 Intergovernmental Transfers Not Itemized $1,500,277,522 $1,500,277,522 $1,500,277,522 Rebates, Refunds, and Reimbursements $22,960,500 $22,960,500 $22,960,500 Rebates, Refunds, and Reimbursements Not Itemized $22,960,500 $22,960,500 $22,960,500 Sales and Services $1,187,214,358 $1,187,214,358 $1,187,214,358 Sales and Services Not Itemized $1,187,214,358 $1,187,214,358 $1,187,214,358 TOTAL PUBLIC FUNDS $4,538,511,344 $4,537,936,344 $4,537,736,344 Veterinary Medicine Experiment Station Continuation Budget The purpose of this appropriation 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 $3,384,254 $3,384,254 $3,384,254 State General Funds $3,384,254 $3,384,254 $3,384,254 TOTAL PUBLIC FUNDS $3,384,254 $3,384,254 $3,384,254 321.0 Veterinary Medicine Experiment Station Appropriation (HB 989) The purpose of this appropriation 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 $3,384,254 $3,384,254 $3,384,254 State General Funds $3,384,254 $3,384,254 $3,384,254 TOTAL PUBLIC FUNDS $3,384,254 $3,384,254 $3,384,254 Veterinary Medicine Teaching Hospital Continuation Budget The purpose of this appropriation is to provide state of the art capabilities in diagnostic imaging, including MRI, CT scanning, nuclear scintigraphy, and various methods of ultrasonography. THURSDAY, FEBRUARY 21, 2008 799 TOTAL STATE FUNDS $502,585 $502,585 $502,585 State General Funds $502,585 $502,585 $502,585 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 $7,202,585 $7,202,585 $7,202,585 322.0 Veterinary Medicine Teaching Hospital Appropriation (HB 989) The purpose of this appropriation 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 $502,585 $502,585 $502,585 State General Funds $502,585 $502,585 $502,585 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 $7,202,585 $7,202,585 $7,202,585 Payments to Georgia Military College Continuation Budget The purpose of this appropriation is to provide quality basic education funding for grades six through 12. TOTAL STATE FUNDS $3,062,152 $3,062,152 $3,062,152 State General Funds $3,062,152 $3,062,152 $3,062,152 TOTAL PUBLIC FUNDS $3,062,152 $3,062,152 $3,062,152 323.0 Payments to Georgia Military College Appropriation (HB 989) The purpose of this appropriation is to provide quality basic education funding for grades six through 12. TOTAL STATE FUNDS $3,062,152 $3,062,152 $3,062,152 State General Funds $3,062,152 $3,062,152 $3,062,152 TOTAL PUBLIC FUNDS $3,062,152 $3,062,152 $3,062,152 Payments to Public Telecommunications Commission, Georgia Continuation Budget The purpose of this appropriation 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 $18,069,614 $18,069,614 $18,069,614 State General Funds $18,069,614 $18,069,614 $18,069,614 TOTAL PUBLIC FUNDS $18,069,614 $18,069,614 $18,069,614 800 JOURNAL OF THE SENATE 324.0 Payments to Public Telecommunications Commission, Georgia Appropriation (HB 989) The purpose of this appropriation 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 $18,069,614 $18,069,614 $18,069,614 State General Funds $18,069,614 $18,069,614 $18,069,614 TOTAL PUBLIC FUNDS $18,069,614 $18,069,614 $18,069,614 Georgia Eminent Scholars Endowment Trust Fund Continuation Budget 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 $500,000 State General Funds $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $500,000 $500,000 $500,000 400.0 Georgia Eminent Scholars Endowment Trust Fund Appropriation (HB 989) 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 $500,000 State General Funds $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $500,000 $500,000 $500,000 Section 40: Revenue, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS Section Total - Continuation $554,241,659 $554,241,659 $554,091,659 $554,091,659 $150,000 $150,000 $7,005,348 $7,005,348 $426,769 $426,769 $6,578,579 $6,578,579 $561,247,007 $561,247,007 Section Total - Final $554,241,659 $554,091,659 $150,000 $7,005,348 $426,769 $6,578,579 $561,247,007 $556,810,874 $556,810,874 $555,974,967 THURSDAY, FEBRUARY 21, 2008 801 State General Funds Tobacco Settlement Funds TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL PUBLIC FUNDS $556,660,874 $150,000 $7,005,348 $426,769 $6,578,579 $563,816,222 $556,660,874 $150,000 $7,005,348 $426,769 $6,578,579 $563,816,222 $555,824,967 $150,000 $7,005,348 $426,769 $6,578,579 $562,980,315 Customer Service Continuation Budget 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 $11,289,216 $11,289,216 $11,289,216 State General Funds $11,289,216 $11,289,216 $11,289,216 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 $13,399,351 $13,399,351 $13,399,351 325.0 Customer Service Appropriation (HB 989) 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 $11,289,216 $11,289,216 $11,289,216 State General Funds $11,289,216 $11,289,216 $11,289,216 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 $13,399,351 $13,399,351 $13,399,351 Departmental Administration Continuation Budget 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 $4,070,980 $4,070,980 $4,070,980 State General Funds $4,070,980 $4,070,980 $4,070,980 TOTAL PUBLIC FUNDS $4,070,980 $4,070,980 $4,070,980 802 JOURNAL OF THE SENATE 326.0 Departmental Administration Appropriation (HB 989) 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 $4,070,980 $4,070,980 $4,070,980 State General Funds $4,070,980 $4,070,980 $4,070,980 TOTAL PUBLIC FUNDS $4,070,980 $4,070,980 $4,070,980 Homeowner Tax Relief Grants Continuation Budget The purpose of this appropriation is to provide homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $8,000 for the taxable year beginning January 1, 2007 and is separate and distinct from the homestead exemption of $2,000 in O.C.G.A 48-5-44. TOTAL STATE FUNDS $428,290,501 $428,290,501 $428,290,501 State General Funds $428,290,501 $428,290,501 $428,290,501 TOTAL PUBLIC FUNDS $428,290,501 $428,290,501 $428,290,501 327.1 Increase funds for a projected 1.84% growth rate. (S:Assume a 1.46% growth rate plus $1.9 million in claims from FY07) State General Funds $2,569,215 $2,569,215 $1,733,308 327.0 Homeowner Tax Relief Grants Appropriation (HB 989) The purpose of this appropriation is to provide homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $8,000 for the taxable year beginning January 1, 2007 and is separate and distinct from the homestead exemption of $2,000 in O.C.G.A 48-5-44. TOTAL STATE FUNDS $430,859,716 $430,859,716 $430,023,809 State General Funds $430,859,716 $430,859,716 $430,023,809 TOTAL PUBLIC FUNDS $430,859,716 $430,859,716 $430,023,809 Industry Regulation Continuation Budget 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 $4,879,168 $4,879,168 $4,879,168 State General Funds $4,729,168 $4,729,168 $4,729,168 Tobacco Settlement Funds $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $4,879,168 $4,879,168 $4,879,168 328.0 Industry Regulation Appropriation (HB 989) The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco THURSDAY, FEBRUARY 21, 2008 803 products and to ensure all coin operated amusement machines are properly licensed and decaled. TOTAL STATE FUNDS $4,879,168 $4,879,168 State General Funds $4,729,168 $4,729,168 Tobacco Settlement Funds $150,000 $150,000 TOTAL PUBLIC FUNDS $4,879,168 $4,879,168 $4,879,168 $4,729,168 $150,000 $4,879,168 Local Tax Officials Retirement and FICA TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 329.0 Local Tax Officials Retirement and FICA TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 Appropriation (HB 989) $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 Revenue Processing Continuation Budget 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 $41,637,960 $41,637,960 $41,637,960 State General Funds $41,637,960 $41,637,960 $41,637,960 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 $42,064,729 $42,064,729 $42,064,729 330.0 Revenue Processing Appropriation (HB 989) 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 $41,637,960 $41,637,960 $41,637,960 State General Funds $41,637,960 $41,637,960 $41,637,960 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 $42,064,729 $42,064,729 $42,064,729 804 JOURNAL OF THE SENATE Salvage Inspection Continuation Budget The purpose of this appropriation is to inspect rebuilt salvage vehicles. TOTAL STATE FUNDS $1,671,368 $1,671,368 $1,671,368 State General Funds $1,671,368 $1,671,368 $1,671,368 TOTAL PUBLIC FUNDS $1,671,368 $1,671,368 $1,671,368 331.0 Salvage Inspection Appropriation (HB 989) The purpose of this appropriation is to inspect rebuilt salvage vehicles. TOTAL STATE FUNDS $1,671,368 $1,671,368 $1,671,368 State General Funds $1,671,368 $1,671,368 $1,671,368 TOTAL PUBLIC FUNDS $1,671,368 $1,671,368 $1,671,368 State Board of Equalization Continuation Budget 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 $5,000 332.0 State Board of Equalization Appropriation (HB 989) 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 of this appropriation is to establish motor vehicle ownership. TOTAL STATE FUNDS $23,185,574 $23,185,574 State General Funds $23,185,574 $23,185,574 TOTAL AGENCY FUNDS $652,681 $652,681 Sales and Services $652,681 $652,681 Sales and Services Not Itemized $652,681 $652,681 $23,185,574 $23,185,574 $652,681 $652,681 $652,681 THURSDAY, FEBRUARY 21, 2008 805 TOTAL PUBLIC FUNDS $23,838,255 $23,838,255 $23,838,255 333.0 Tag and Title Registration Appropriation (HB 989) The purpose of this appropriation is to establish motor vehicle ownership. TOTAL STATE FUNDS $23,185,574 $23,185,574 $23,185,574 State General Funds $23,185,574 $23,185,574 $23,185,574 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 $23,838,255 $23,838,255 $23,838,255 Tax Compliance Continuation Budget The purpose of this appropriation is to ensure that all taxpayers pay the correct amount of taxes owed under the law. TOTAL STATE FUNDS $34,062,729 $34,062,729 $34,062,729 State General Funds $34,062,729 $34,062,729 $34,062,729 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 $37,878,492 $37,878,492 $37,878,492 334.0 Tax Compliance Appropriation (HB 989) The purpose of this appropriation is to ensure that all taxpayers pay the correct amount of taxes owed under the law. TOTAL STATE FUNDS $34,062,729 $34,062,729 $34,062,729 State General Funds $34,062,729 $34,062,729 $34,062,729 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 $37,878,492 $37,878,492 $37,878,492 Section 41: Secretary of State TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Section Total - Continuation $39,639,484 $39,639,484 $1,500,283 $50,000 $39,639,484 $39,639,484 $1,500,283 $50,000 $39,639,484 $39,639,484 $1,500,283 $50,000 806 JOURNAL OF THE SENATE Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS $1,450,283 $1,450,283 $41,139,767 $41,139,767 Section Total - Final $40,070,587 $40,070,587 $1,500,283 $50,000 $1,450,283 $41,570,870 $40,070,587 $40,070,587 $1,500,283 $50,000 $1,450,283 $41,570,870 $1,450,283 $41,139,767 $40,170,587 $40,170,587 $1,500,283 $50,000 $1,450,283 $41,670,870 Archives and Records Continuation Budget 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 $6,204,038 $6,204,038 $6,204,038 State General Funds $6,204,038 $6,204,038 $6,204,038 TOTAL AGENCY FUNDS $510,771 $510,771 $510,771 Sales and Services $510,771 $510,771 $510,771 Record Center Storage Fees $435,771 $435,771 $435,771 Sales and Services Not Itemized $75,000 $75,000 $75,000 TOTAL PUBLIC FUNDS $6,714,809 $6,714,809 $6,714,809 335.0 Archives and Records Appropriation (HB 989) 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 $6,204,038 $6,204,038 $6,204,038 State General Funds $6,204,038 $6,204,038 $6,204,038 TOTAL AGENCY FUNDS $510,771 $510,771 $510,771 Sales and Services $510,771 $510,771 $510,771 Record Center Storage Fees $435,771 $435,771 $435,771 Sales and Services Not Itemized $75,000 $75,000 $75,000 TOTAL PUBLIC FUNDS $6,714,809 $6,714,809 $6,714,809 Capitol Tours Continuation Budget The purpose of this appropriation is to provide guided informational tours of the State Capitol. THURSDAY, FEBRUARY 21, 2008 807 TOTAL STATE FUNDS $165,573 $165,573 $165,573 State General Funds $165,573 $165,573 $165,573 TOTAL PUBLIC FUNDS $165,573 $165,573 $165,573 336.0 Capitol Tours Appropriation (HB 989) The purpose of this appropriation is to provide guided informational tours of the State Capitol. TOTAL STATE FUNDS $165,573 $165,573 $165,573 State General Funds $165,573 $165,573 $165,573 TOTAL PUBLIC FUNDS $165,573 $165,573 $165,573 Corporations Continuation Budget 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. TOTAL STATE FUNDS $1,305,140 $1,305,140 $1,305,140 State General Funds $1,305,140 $1,305,140 $1,305,140 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 $2,044,652 $2,044,652 $2,044,652 337.0 Corporations Appropriation (HB 989) 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. TOTAL STATE FUNDS $1,305,140 $1,305,140 $1,305,140 State General Funds $1,305,140 $1,305,140 $1,305,140 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 $2,044,652 $2,044,652 $2,044,652 Elections Continuation Budget The purpose of this appropriation is 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 law and assisting candidates, local governments, and citizens in interpreting and complying with all election, voter registration and financial disclosure laws. TOTAL STATE FUNDS $5,298,929 $5,298,929 $5,298,929 808 JOURNAL OF THE SENATE State General Funds $5,298,929 $5,298,929 $5,298,929 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 $5,318,929 $5,318,929 $5,318,929 338.1 Transfer funds and three positions to the Office Administration program. State General Funds ($57,450) ($57,450) ($57,450) 338.2 Transfer funds from the Office Administration program for Voter ID educational activities. State General Funds $500,000 $500,000 $500,000 338.3 Increase funds for voter outreach and education for the July 2008 general primary. State General Funds $100,000 338.0 Elections Appropriation (HB 989) The purpose of this appropriation is 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 law and assisting candidates, local governments, and citizens in interpreting and complying with all election, voter registration and financial disclosure laws. TOTAL STATE FUNDS $5,741,479 $5,741,479 $5,841,479 State General Funds $5,741,479 $5,741,479 $5,841,479 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 $5,761,479 $5,761,479 $5,861,479 Office Administration Continuation Budget The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $5,303,115 $5,303,115 $5,303,115 State General Funds $5,303,115 $5,303,115 $5,303,115 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 $5,333,115 $5,333,115 $5,333,115 339.1 Transfer funds from the Elections, Professional Licensing Boards, and Securities programs. (H and S:Transfer funds and fifty- two positions from the Elections, Professional Licensing Boards, and Securities programs.) State General Funds $867,278 $867,278 $867,278 THURSDAY, FEBRUARY 21, 2008 809 339.2 Transfer funds to the Elections program for Voter ID educational activities. State General Funds ($500,000) ($500,000) ($500,000) 339.3 Increase funds to cover legal expenses. State General Funds $431,103 $431,103 $431,103 339.4 Transfer all Administration Program data to Administration Subprogram. (H:YES)(S:Approval by the General Assembly not required) State General Funds $0 $0 339.0 Office Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $6,101,496 $6,101,496 $6,101,496 State General Funds $6,101,496 $6,101,496 $6,101,496 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 $6,131,496 $6,131,496 $6,131,496 Professional Licensing Boards Continuation Budget 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 $11,972,078 $11,972,078 $11,972,078 State General Funds $11,972,078 $11,972,078 $11,972,078 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 $12,122,078 $12,122,078 $12,122,078 340.1 Transfer funds to the Office Administration program. (H and S:Transfer funds and forty-five positions to the Office Administration program) State General Funds ($732,333) ($732,333) ($732,333) 340.0 Professional Licensing Boards Appropriation (HB 989) 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 $11,239,745 $11,239,745 $11,239,745 State General Funds $11,239,745 $11,239,745 $11,239,745 810 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $150,000 $150,000 $150,000 $11,389,745 $150,000 $150,000 $150,000 $11,389,745 $150,000 $150,000 $150,000 $11,389,745 Securities Continuation Budget The purpose of this appropriation is to provide for registration, compliance and enforcement of the provisions of the Georgia Codes, and to provide information to the public regarding subjects of such codes. TOTAL STATE FUNDS $2,191,515 $2,191,515 $2,191,515 State General Funds $2,191,515 $2,191,515 $2,191,515 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 $2,241,515 $2,241,515 $2,241,515 341.1 Transfer funds to the Office Administration program. (H and S:Transfer funds and four positions to the Office Administration program) State General Funds ($77,495) ($77,495) ($77,495) 341.0 Securities Appropriation (HB 989) The purpose of this appropriation is to provide for registration, compliance and enforcement of the provisions of the Georgia Codes, and to provide information to the public regarding subjects of such codes. TOTAL STATE FUNDS $2,114,020 $2,114,020 $2,114,020 State General Funds $2,114,020 $2,114,020 $2,114,020 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 $2,164,020 $2,164,020 $2,164,020 Drugs and Narcotics Agency, Georgia Continuation Budget 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 $1,454,200 $1,454,200 $1,454,200 State General Funds $1,454,200 $1,454,200 $1,454,200 TOTAL PUBLIC FUNDS $1,454,200 $1,454,200 $1,454,200 THURSDAY, FEBRUARY 21, 2008 811 342.0 Drugs and Narcotics Agency, Georgia Appropriation (HB 989) 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 $1,454,200 $1,454,200 $1,454,200 State General Funds $1,454,200 $1,454,200 $1,454,200 TOTAL PUBLIC FUNDS $1,454,200 $1,454,200 $1,454,200 State Ethics Commission Continuation Budget 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 $1,868,943 $1,868,943 $1,868,943 State General Funds $1,868,943 $1,868,943 $1,868,943 TOTAL PUBLIC FUNDS $1,868,943 $1,868,943 $1,868,943 343.0 State Ethics Commission Appropriation (HB 989) 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 $1,868,943 $1,868,943 $1,868,943 State General Funds $1,868,943 $1,868,943 $1,868,943 TOTAL PUBLIC FUNDS $1,868,943 $1,868,943 $1,868,943 Commission on the Holocaust, Georgia Continuation Budget 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. TOTAL STATE FUNDS $340,743 $340,743 $340,743 State General Funds $340,743 $340,743 $340,743 TOTAL PUBLIC FUNDS $340,743 $340,743 $340,743 344.0 Commission on the Holocaust, Georgia Appropriation (HB 989) 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. TOTAL STATE FUNDS $340,743 $340,743 $340,743 State General Funds $340,743 $340,743 $340,743 812 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $340,743 $340,743 $340,743 Real Estate Commission Continuation Budget 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 $3,535,210 $3,535,210 $3,535,210 State General Funds $3,535,210 $3,535,210 $3,535,210 TOTAL PUBLIC FUNDS $3,535,210 $3,535,210 $3,535,210 345.0 Real Estate Commission Appropriation (HB 989) 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 $3,535,210 $3,535,210 $3,535,210 State General Funds $3,535,210 $3,535,210 $3,535,210 TOTAL PUBLIC FUNDS $3,535,210 $3,535,210 $3,535,210 Section 42: Soil and Water Conservation Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Section Total - Continuation $3,517,863 $3,517,863 $3,517,863 $3,517,863 $3,454,308 $3,454,308 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $5,425,874 $5,425,874 $1,176,011 $1,176,011 $349,390 $349,390 $826,621 $826,621 $13,574,056 $13,574,056 Section Total - Final $3,517,863 $3,517,863 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $13,574,056 $4,017,863 $4,017,863 $3,454,308 $3,454,308 $5,425,874 $4,017,863 $4,017,863 $3,454,308 $3,454,308 $5,425,874 $4,017,863 $4,017,863 $3,454,308 $3,454,308 $5,425,874 THURSDAY, FEBRUARY 21, 2008 813 Intergovernmental Transfers TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS $5,425,874 $1,176,011 $349,390 $826,621 $14,074,056 $5,425,874 $1,176,011 $349,390 $826,621 $14,074,056 $5,425,874 $1,176,011 $349,390 $826,621 $14,074,056 Commission Administration Continuation Budget The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $640,246 $640,246 $640,246 State General Funds $640,246 $640,246 $640,246 TOTAL PUBLIC FUNDS $640,246 $640,246 $640,246 346.0 Commission Administration Appropriation (HB 989) The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $640,246 $640,246 $640,246 State General Funds $640,246 $640,246 $640,246 TOTAL PUBLIC FUNDS $640,246 $640,246 $640,246 Conservation of Agricultural Water Supplies Continuation Budget The purpose of this appropriation is to conserve the use of Georgia's ground and surface water by agricultural water users. TOTAL STATE FUNDS $314,303 $314,303 $314,303 State General Funds $314,303 $314,303 $314,303 TOTAL FEDERAL FUNDS $3,131,804 $3,131,804 $3,131,804 Federal Funds Not Itemized $3,131,804 $3,131,804 $3,131,804 TOTAL AGENCY FUNDS $5,375,874 $5,375,874 $5,375,874 Intergovernmental Transfers $5,375,874 $5,375,874 $5,375,874 Intergovernmental Transfers Not Itemized $5,375,874 $5,375,874 $5,375,874 TOTAL PUBLIC FUNDS $8,821,981 $8,821,981 $8,821,981 347.0 Conservation of Agricultural Water Supplies Appropriation (HB 989) The purpose of this appropriation is to conserve the use of Georgia's ground and surface water by agricultural water users. TOTAL STATE FUNDS $314,303 $314,303 $314,303 State General Funds $314,303 $314,303 $314,303 TOTAL FEDERAL FUNDS $3,131,804 $3,131,804 $3,131,804 Federal Funds Not Itemized $3,131,804 $3,131,804 $3,131,804 814 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $5,375,874 $5,375,874 $5,375,874 $8,821,981 $5,375,874 $5,375,874 $5,375,874 $8,821,981 $5,375,874 $5,375,874 $5,375,874 $8,821,981 Conservation of Soil and Water Resources Continuation Budget 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 $1,579,073 $1,579,073 $1,579,073 State General Funds $1,579,073 $1,579,073 $1,579,073 TOTAL FEDERAL FUNDS $322,504 $322,504 $322,504 Federal Funds Not Itemized $322,504 $322,504 $322,504 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 Intergovernmental Transfers $50,000 $50,000 $50,000 Intergovernmental Transfers Not Itemized $50,000 $50,000 $50,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,176,011 $1,176,011 $1,176,011 State Funds Transfers $349,390 $349,390 $349,390 Agency to Agency Contracts $349,390 $349,390 $349,390 Federal Funds Transfers $826,621 $826,621 $826,621 FF Water Quality Management Planning CFDA66.454 $826,621 $826,621 $826,621 TOTAL PUBLIC FUNDS $3,127,588 $3,127,588 $3,127,588 348.0 Conservation of Soil and Water Resources Appropriation (HB 989) 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 $1,579,073 $1,579,073 $1,579,073 State General Funds $1,579,073 $1,579,073 $1,579,073 TOTAL FEDERAL FUNDS $322,504 $322,504 $322,504 Federal Funds Not Itemized $322,504 $322,504 $322,504 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 Intergovernmental Transfers $50,000 $50,000 $50,000 Intergovernmental Transfers Not Itemized $50,000 $50,000 $50,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,176,011 $1,176,011 $1,176,011 State Funds Transfers $349,390 $349,390 $349,390 THURSDAY, FEBRUARY 21, 2008 815 Agency to Agency Contracts Federal Funds Transfers FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS $349,390 $826,621 $826,621 $3,127,588 $349,390 $826,621 $826,621 $3,127,588 $349,390 $826,621 $826,621 $3,127,588 U.S.D.A. Flood Control Watershed Structures Continuation Budget The purpose of this appropriation is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. TOTAL STATE FUNDS $106,696 $106,696 $106,696 State General Funds $106,696 $106,696 $106,696 TOTAL PUBLIC FUNDS $106,696 $106,696 $106,696 349.1 Increase funds for the maintenance of twenty watershed dams with the potential to serve as water supply reservoirs. State General Funds $500,000 $500,000 $500,000 349.0 U.S.D.A. Flood Control Watershed Structures Appropriation (HB 989) The purpose of this appropriation is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. TOTAL STATE FUNDS $606,696 $606,696 $606,696 State General Funds $606,696 $606,696 $606,696 TOTAL PUBLIC FUNDS $606,696 $606,696 $606,696 Water Resources and Land Use Planning Continuation Budget 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 $877,545 $877,545 $877,545 State General Funds $877,545 $877,545 $877,545 TOTAL PUBLIC FUNDS $877,545 $877,545 $877,545 350.0 Water Resources and Land Use Planning Appropriation (HB 989) 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 $877,545 $877,545 $877,545 State General Funds $877,545 $877,545 $877,545 TOTAL PUBLIC FUNDS $877,545 $877,545 $877,545 816 JOURNAL OF THE SENATE Section 43: Student Finance Commission and Authority, Georgia TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $556,920,642 $40,223,482 $516,697,160 $520,653 $520,653 $5,622,493 $5,622,493 $563,063,788 $556,920,642 $40,223,482 $516,697,160 $520,653 $520,653 $5,622,493 $5,622,493 $563,063,788 $556,920,642 $40,223,482 $516,697,160 $520,653 $520,653 $5,622,493 $5,622,493 $563,063,788 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL PUBLIC FUNDS Section Total - Final $556,920,642 $40,223,482 $516,697,160 $520,653 $520,653 $5,622,493 $5,622,493 $563,063,788 $556,920,642 $40,223,482 $516,697,160 $520,653 $520,653 $5,622,493 $5,622,493 $563,063,788 $556,920,642 $40,223,482 $516,697,160 $520,653 $520,653 $5,622,493 $5,622,493 $563,063,788 Accel Continuation Budget 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. 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 $6,000,000 351.0 Accel Appropriation (HB 989) 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. 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 THURSDAY, FEBRUARY 21, 2008 817 Engineer Scholarship Continuation Budget The purpose of this appropriation 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 State General Funds $0 $0 $0 Lottery Proceeds $760,000 $760,000 $760,000 TOTAL PUBLIC FUNDS $760,000 $760,000 $760,000 352.0 Engineer Scholarship Appropriation (HB 989) The purpose of this appropriation 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 Georgia Military College Scholarship Continuation Budget 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 $1,228,708 $1,228,708 $1,228,708 Lottery Proceeds $1,228,708 $1,228,708 $1,228,708 TOTAL PUBLIC FUNDS $1,228,708 $1,228,708 $1,228,708 353.0 Georgia Military College Scholarship Appropriation (HB 989) 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 $1,228,708 $1,228,708 $1,228,708 Lottery Proceeds $1,228,708 $1,228,708 $1,228,708 TOTAL PUBLIC FUNDS $1,228,708 $1,228,708 $1,228,708 Governor's Scholarship Program Continuation Budget 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 $2,329,200 818 JOURNAL OF THE SENATE 354.0 Governor's Scholarship Program Appropriation (HB 989) 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 of this appropriation is to provide forgivable loans to students enrolled in critical fields of study, which include programs such as 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 AGENCY FUNDS $250,000 $250,000 $250,000 Intergovernmental Transfers $250,000 $250,000 $250,000 Intergovernmental Transfers Not Itemized $250,000 $250,000 $250,000 TOTAL PUBLIC FUNDS $4,049,883 $4,049,883 $4,049,883 355.0 Guaranteed Educational Loans Appropriation (HB 989) The purpose of this appropriation is to provide forgivable loans to students enrolled in critical fields of study, which include programs such as 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 AGENCY FUNDS $250,000 $250,000 $250,000 Intergovernmental Transfers $250,000 $250,000 $250,000 Intergovernmental Transfers Not Itemized $250,000 $250,000 $250,000 TOTAL PUBLIC FUNDS $4,049,883 $4,049,883 $4,049,883 HERO Scholarship Continuation Budget 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 AGENCY FUNDS $718,000 $718,000 $718,000 Intergovernmental Transfers $718,000 $718,000 $718,000 THURSDAY, FEBRUARY 21, 2008 819 Intergovernmental Transfers Not Itemized $718,000 $718,000 $718,000 TOTAL PUBLIC FUNDS $918,000 $918,000 $918,000 356.0 HERO Scholarship Appropriation (HB 989) 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 AGENCY FUNDS $718,000 $718,000 $718,000 Intergovernmental Transfers $718,000 $718,000 $718,000 Intergovernmental Transfers Not Itemized $718,000 $718,000 $718,000 TOTAL PUBLIC FUNDS $918,000 $918,000 $918,000 HOPE Administration Continuation Budget The purpose of this appropriation 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 $5,387,232 $5,387,232 $5,387,232 State General Funds $158,912 $158,912 $158,912 Lottery Proceeds $5,228,320 $5,228,320 $5,228,320 TOTAL AGENCY FUNDS $500,000 $500,000 $500,000 Intergovernmental Transfers $500,000 $500,000 $500,000 Intergovernmental Transfers Not Itemized $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $5,887,232 $5,887,232 $5,887,232 357.0 HOPE Administration Appropriation (HB 989) The purpose of this appropriation 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 $5,387,232 $5,387,232 $5,387,232 State General Funds $158,912 $158,912 $158,912 Lottery Proceeds $5,228,320 $5,228,320 $5,228,320 TOTAL AGENCY FUNDS $500,000 $500,000 $500,000 Intergovernmental Transfers $500,000 $500,000 $500,000 Intergovernmental Transfers Not Itemized $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $5,887,232 $5,887,232 $5,887,232 820 JOURNAL OF THE SENATE HOPE GED Continuation Budget 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 $2,461,614 358.0 HOPE GED Appropriation (HB 989) 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 of this appropriation is to provide grants to students seeking a diploma or certificate at a public post-secondary institution. TOTAL STATE FUNDS $104,972,024 $104,972,024 $104,972,024 Lottery Proceeds $104,972,024 $104,972,024 $104,972,024 TOTAL PUBLIC FUNDS $104,972,024 $104,972,024 $104,972,024 359.1 Transfer funds from the HOPE Scholarships - Public Schools program to meet projected needs. Lottery Proceeds $6,852,751 $6,852,751 $6,852,751 359.0 HOPE Grant Appropriation (HB 989) 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 $111,824,775 $111,824,775 $111,824,775 Lottery Proceeds $111,824,775 $111,824,775 $111,824,775 TOTAL PUBLIC FUNDS $111,824,775 $111,824,775 $111,824,775 HOPE Scholarships - Private Schools Continuation Budget 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 THURSDAY, FEBRUARY 21, 2008 821 TOTAL PUBLIC FUNDS $45,651,732 $45,651,732 $45,651,732 360.0 HOPE Scholarships - Private Schools Appropriation (HB 989) 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 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 $338,950,936 $338,950,936 $338,950,936 Lottery Proceeds $338,950,936 $338,950,936 $338,950,936 TOTAL PUBLIC FUNDS $338,950,936 $338,950,936 $338,950,936 361.1 Transfer funds to the HOPE Grant program to meet projected needs. Lottery Proceeds ($6,852,751) ($6,852,751) ($6,852,751) 361.0 HOPE Scholarships - Public Schools Appropriation (HB 989) 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 $332,098,185 $332,098,185 $332,098,185 Lottery Proceeds $332,098,185 $332,098,185 $332,098,185 TOTAL PUBLIC FUNDS $332,098,185 $332,098,185 $332,098,185 Law Enforcement Dependents Grant Continuation Budget 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 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 $50,911 362.0 Law Enforcement Dependents Grant Appropriation (HB 989) 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 822 JOURNAL OF THE SENATE secondary institution in Georgia. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $50,911 $50,911 $50,911 $50,911 $50,911 $50,911 $50,911 $50,911 $50,911 Leveraging Educational Assistance Partnership Program Continuation Budget 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 $520,653 Federal Funds Not Itemized $520,653 $520,653 $520,653 TOTAL PUBLIC FUNDS $1,487,410 $1,487,410 $1,487,410 363.0 Leveraging Educational Assistance Partnership Program Appropriation (HB 989) 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 $520,653 Federal Funds Not Itemized $520,653 $520,653 $520,653 TOTAL PUBLIC FUNDS $1,487,410 $1,487,410 $1,487,410 North Georgia Military Scholarship Grants Continuation Budget 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 PUBLIC FUNDS $683,951 $683,951 $683,951 364.0 North Georgia Military Scholarship Grants Appropriation (HB 989) 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 THURSDAY, FEBRUARY 21, 2008 823 TOTAL PUBLIC FUNDS $683,951 $683,951 $683,951 North Georgia ROTC Grants Continuation Budget 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 $432,479 365.0 North Georgia ROTC Grants Appropriation (HB 989) 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 Scholarship Continuation Budget The purpose of this appropriation 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 $5,855,278 366.0 Promise Scholarship Appropriation (HB 989) The purpose of this appropriation 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 Public Memorial Safety Grant Continuation Budget 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 $255,850 824 JOURNAL OF THE SENATE Lottery Proceeds $255,850 $255,850 $255,850 TOTAL PUBLIC FUNDS $255,850 $255,850 $255,850 367.0 Public Memorial Safety Grant Appropriation (HB 989) 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 of this appropriation 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 $5,332,698 368.0 Teacher Scholarship Appropriation (HB 989) The purpose of this appropriation 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 Tuition Equalization Grants Continuation Budget 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 $30,811,802 $30,811,802 $30,811,802 State General Funds $30,811,802 $30,811,802 $30,811,802 TOTAL AGENCY FUNDS $4,154,493 $4,154,493 $4,154,493 Intergovernmental Transfers $4,154,493 $4,154,493 $4,154,493 Intergovernmental Transfers Not Itemized $4,154,493 $4,154,493 $4,154,493 TOTAL PUBLIC FUNDS $34,966,295 $34,966,295 $34,966,295 THURSDAY, FEBRUARY 21, 2008 825 369.0 Tuition Equalization Grants Appropriation (HB 989) 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 $30,811,802 $30,811,802 $30,811,802 State General Funds $30,811,802 $30,811,802 $30,811,802 TOTAL AGENCY FUNDS $4,154,493 $4,154,493 $4,154,493 Intergovernmental Transfers $4,154,493 $4,154,493 $4,154,493 Intergovernmental Transfers Not Itemized $4,154,493 $4,154,493 $4,154,493 TOTAL PUBLIC FUNDS $34,966,295 $34,966,295 $34,966,295 Nonpublic Postsecondary Education Commission Continuation Budget The purpose of this appropriation is to authorize private post-secondary schools in Georgia; provide transcripts for students who attended schools that closed; and resolve complaints. TOTAL STATE FUNDS $789,587 $789,587 $789,587 State General Funds $789,587 $789,587 $789,587 TOTAL PUBLIC FUNDS $789,587 $789,587 $789,587 370.0 Nonpublic Postsecondary Education Commission Appropriation (HB 989) The purpose of this appropriation is to authorize private post-secondary schools in Georgia; provide transcripts for students who attended schools that closed; and resolve complaints. TOTAL STATE FUNDS $789,587 $789,587 $789,587 State General Funds $789,587 $789,587 $789,587 TOTAL PUBLIC FUNDS $789,587 $789,587 $789,587 Section 44: Teachers' Retirement System TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $25,902,975 $27,906,456 $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $25,902,975 $27,906,456 $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $25,902,975 $27,906,456 826 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $25,902,975 $27,906,456 $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $25,902,975 $27,906,456 $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $25,902,975 $27,906,456 Floor/COLA, Local System Fund Continuation Budget The purpose of this appropriation is 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 STATE FUNDS $1,555,000 $1,555,000 $1,555,000 State General Funds $1,555,000 $1,555,000 $1,555,000 TOTAL PUBLIC FUNDS $1,555,000 $1,555,000 $1,555,000 371.0 Floor/COLA, Local System Fund Appropriation (HB 989) The purpose of this appropriation is 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 STATE FUNDS $1,555,000 $1,555,000 $1,555,000 State General Funds $1,555,000 $1,555,000 $1,555,000 TOTAL PUBLIC FUNDS $1,555,000 $1,555,000 $1,555,000 System Administration Continuation Budget The purpose of this appropriation 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 AGENCY FUNDS $448,481 $448,481 $448,481 Sales and Services $448,481 $448,481 $448,481 Sales and Services Not Itemized $448,481 $448,481 $448,481 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $25,902,975 $25,902,975 $25,902,975 State Funds Transfers $25,902,975 $25,902,975 $25,902,975 Retirement Payments $25,902,975 $25,902,975 $25,902,975 TOTAL PUBLIC FUNDS $26,351,456 $26,351,456 $26,351,456 THURSDAY, FEBRUARY 21, 2008 827 372.0 System Administration Appropriation (HB 989) The purpose of this appropriation is to provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. TOTAL AGENCY FUNDS $448,481 $448,481 $448,481 Sales and Services $448,481 $448,481 $448,481 Sales and Services Not Itemized $448,481 $448,481 $448,481 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $25,902,975 $25,902,975 $25,902,975 State Funds Transfers $25,902,975 $25,902,975 $25,902,975 Retirement Payments $25,902,975 $25,902,975 $25,902,975 TOTAL PUBLIC FUNDS $26,351,456 $26,351,456 $26,351,456 It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.28%. Section 45: Technical and Adult Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $373,317,567 $373,317,567 $373,317,567 $373,317,567 $37,000,000 $37,000,000 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $112,800,000 $112,800,000 $523,117,567 $523,117,567 Section Total - Final $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 Adult Literacy Continuation Budget The purpose of this appropriation is to enable every adult learner in Georgia to acquire the necessary basic skills -- reading, writing, 828 JOURNAL OF THE SENATE computation, speaking, and listening -- to compete successfully in today's workplace, strengthen family foundations, and exercise full citizenship. TOTAL STATE FUNDS $16,016,600 $16,016,600 $16,016,600 State General Funds $16,016,600 $16,016,600 $16,016,600 TOTAL FEDERAL FUNDS $14,000,000 $14,000,000 $14,000,000 Federal Funds Not Itemized $14,000,000 $14,000,000 $14,000,000 TOTAL AGENCY FUNDS $2,000,000 $2,000,000 $2,000,000 Sales and Services $2,000,000 $2,000,000 $2,000,000 Sales and Services Not Itemized $2,000,000 $2,000,000 $2,000,000 TOTAL PUBLIC FUNDS $32,016,600 $32,016,600 $32,016,600 373.0 Adult Literacy Appropriation (HB 989) 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 $16,016,600 $16,016,600 $16,016,600 State General Funds $16,016,600 $16,016,600 $16,016,600 TOTAL FEDERAL FUNDS $14,000,000 $14,000,000 $14,000,000 Federal Funds Not Itemized $14,000,000 $14,000,000 $14,000,000 TOTAL AGENCY FUNDS $2,000,000 $2,000,000 $2,000,000 Sales and Services $2,000,000 $2,000,000 $2,000,000 Sales and Services Not Itemized $2,000,000 $2,000,000 $2,000,000 TOTAL PUBLIC FUNDS $32,016,600 $32,016,600 $32,016,600 Departmental Administration Continuation Budget 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 $10,050,002 $10,050,002 $10,050,002 State General Funds $10,050,002 $10,050,002 $10,050,002 TOTAL FEDERAL FUNDS $3,000,000 $3,000,000 $3,000,000 Federal Funds Not Itemized $3,000,000 $3,000,000 $3,000,000 TOTAL AGENCY FUNDS $800,000 $800,000 $800,000 Sales and Services $800,000 $800,000 $800,000 THURSDAY, FEBRUARY 21, 2008 829 Sales and Services Not Itemized $800,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $13,850,002 $13,850,002 $13,850,002 374.0 Departmental Administration Appropriation (HB 989) 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 $10,050,002 $10,050,002 $10,050,002 State General Funds $10,050,002 $10,050,002 $10,050,002 TOTAL FEDERAL FUNDS $3,000,000 $3,000,000 $3,000,000 Federal Funds Not Itemized $3,000,000 $3,000,000 $3,000,000 TOTAL AGENCY FUNDS $800,000 $800,000 $800,000 Sales and Services $800,000 $800,000 $800,000 Sales and Services Not Itemized $800,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $13,850,002 $13,850,002 $13,850,002 Quick Start and Customized Services Continuation Budget 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 $16,368,043 $16,368,043 $16,368,043 State General Funds $16,368,043 $16,368,043 $16,368,043 TOTAL AGENCY FUNDS $5,000,000 $5,000,000 $5,000,000 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 $21,368,043 $21,368,043 $21,368,043 375.0 Quick Start and Customized Services Appropriation (HB 989) 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 $16,368,043 $16,368,043 $16,368,043 State General Funds $16,368,043 $16,368,043 $16,368,043 TOTAL AGENCY FUNDS $5,000,000 $5,000,000 $5,000,000 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 $21,368,043 $21,368,043 $21,368,043 830 JOURNAL OF THE SENATE Technical Education Continuation Budget 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 $330,882,922 $330,882,922 $330,882,922 State General Funds $330,882,922 $330,882,922 $330,882,922 TOTAL FEDERAL FUNDS $20,000,000 $20,000,000 $20,000,000 Federal Funds Not Itemized $20,000,000 $20,000,000 $20,000,000 TOTAL AGENCY FUNDS $105,000,000 $105,000,000 $105,000,000 Sales and Services $105,000,000 $105,000,000 $105,000,000 Sales and Services Not Itemized $105,000,000 $105,000,000 $105,000,000 TOTAL PUBLIC FUNDS $455,882,922 $455,882,922 $455,882,922 376.0 Technical Education Appropriation (HB 989) 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 $330,882,922 $330,882,922 $330,882,922 State General Funds $330,882,922 $330,882,922 $330,882,922 TOTAL FEDERAL FUNDS $20,000,000 $20,000,000 $20,000,000 Federal Funds Not Itemized $20,000,000 $20,000,000 $20,000,000 TOTAL AGENCY FUNDS $105,000,000 $105,000,000 $105,000,000 Sales and Services $105,000,000 $105,000,000 $105,000,000 Sales and Services Not Itemized $105,000,000 $105,000,000 $105,000,000 TOTAL PUBLIC FUNDS $455,882,922 $455,882,922 $455,882,922 Section 46: Transportation, Department of Section Total - Continuation TOTAL STATE FUNDS $773,787,194 State General Funds $23,372,316 State Motor Fuel Funds $750,414,878 TOTAL FEDERAL FUNDS $1,336,932,809 Federal Funds Not Itemized $26,500,000 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,310,432,809 $773,787,194 $23,372,316 $750,414,878 $1,336,932,809 $26,500,000 $1,310,432,809 $773,787,194 $23,372,316 $750,414,878 $1,336,932,809 $26,500,000 $1,310,432,809 THURSDAY, FEBRUARY 21, 2008 831 TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $6,759,541 $760,233 $5,999,308 $657,795 $657,795 $2,118,137,339 $6,759,541 $760,233 $5,999,308 $657,795 $657,795 $2,118,137,339 $6,759,541 $760,233 $5,999,308 $657,795 $657,795 $2,118,137,339 Section Total - Final TOTAL STATE FUNDS $832,725,819 $832,725,819 $832,725,819 State General Funds $23,372,316 $23,372,316 $23,372,316 State Motor Fuel Funds $809,353,503 $809,353,503 $809,353,503 TOTAL FEDERAL FUNDS $1,336,932,809 $1,336,932,809 $1,336,932,809 Federal Funds Not Itemized $26,500,000 $26,500,000 $26,500,000 Federal Highway Admin.-Planning & Construction CFDA20.205$1,310,432,809 $1,310,432,809 $1,310,432,809 TOTAL AGENCY FUNDS $6,759,541 $6,759,541 $6,759,541 Intergovernmental Transfers $760,233 $760,233 $760,233 Sales and Services $5,999,308 $5,999,308 $5,999,308 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $657,795 $657,795 $657,795 State Funds Transfers $657,795 $657,795 $657,795 TOTAL PUBLIC FUNDS $2,177,075,964 $2,177,075,964 $2,177,075,964 Air Transportation Continuation Budget 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 $1,506,758 $1,506,758 $1,506,758 State General Funds $1,506,758 $1,506,758 $1,506,758 TOTAL AGENCY FUNDS $275,000 $275,000 $275,000 Sales and Services $275,000 $275,000 $275,000 Sales and Services Not Itemized $275,000 $275,000 $275,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $657,795 $657,795 $657,795 State Funds Transfers $657,795 $657,795 $657,795 Air Transportation Charges $657,795 $657,795 $657,795 TOTAL PUBLIC FUNDS $2,439,553 $2,439,553 $2,439,553 832 JOURNAL OF THE SENATE 377.0 Air Transportation Appropriation (HB 989) 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 $1,506,758 $1,506,758 $1,506,758 State General Funds $1,506,758 $1,506,758 $1,506,758 TOTAL AGENCY FUNDS $275,000 $275,000 $275,000 Sales and Services $275,000 $275,000 $275,000 Sales and Services Not Itemized $275,000 $275,000 $275,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $657,795 $657,795 $657,795 State Funds Transfers $657,795 $657,795 $657,795 Air Transportation Charges $657,795 $657,795 $657,795 TOTAL PUBLIC FUNDS $2,439,553 $2,439,553 $2,439,553 Airport Aid Continuation Budget 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 $11,646,149 $11,646,149 $11,646,149 State General Funds $11,646,149 $11,646,149 $11,646,149 TOTAL FEDERAL FUNDS $6,500,000 $6,500,000 $6,500,000 Federal Funds Not Itemized $6,500,000 $6,500,000 $6,500,000 TOTAL PUBLIC FUNDS $18,146,149 $18,146,149 $18,146,149 378.0 Airport Aid Appropriation (HB 989) 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 $11,646,149 $11,646,149 $11,646,149 State General Funds $11,646,149 $11,646,149 $11,646,149 TOTAL FEDERAL FUNDS $6,500,000 $6,500,000 $6,500,000 Federal Funds Not Itemized $6,500,000 $6,500,000 $6,500,000 TOTAL PUBLIC FUNDS $18,146,149 $18,146,149 $18,146,149 Data Collection, Compliance and Reporting Continuation Budget 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. THURSDAY, FEBRUARY 21, 2008 833 TOTAL STATE FUNDS $4,498,398 $4,498,398 $4,498,398 State General Funds $898,585 $898,585 $898,585 State Motor Fuel Funds $3,599,813 $3,599,813 $3,599,813 TOTAL FEDERAL FUNDS $8,270,257 $8,270,257 $8,270,257 Federal Highway Admin.-Planning & Construction CFDA20.205 $8,270,257 $8,270,257 $8,270,257 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 $12,830,912 $12,830,912 $12,830,912 379.0 Data Collection, Compliance and Reporting Appropriation (HB 989) 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 $4,498,398 $4,498,398 $4,498,398 State General Funds $898,585 $898,585 $898,585 State Motor Fuel Funds $3,599,813 $3,599,813 $3,599,813 TOTAL FEDERAL FUNDS $8,270,257 $8,270,257 $8,270,257 Federal Highway Admin.-Planning & Construction CFDA20.205 $8,270,257 $8,270,257 $8,270,257 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 $12,830,912 $12,830,912 $12,830,912 Departmental Administration Continuation Budget 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 $63,873,730 $63,873,730 $63,873,730 State General Funds $0 $0 $0 State Motor Fuel Funds $63,873,730 $63,873,730 $63,873,730 TOTAL FEDERAL FUNDS $10,839,823 $10,839,823 $10,839,823 Federal Highway Admin.-Planning & Construction CFDA20.205 $10,839,823 $10,839,823 $10,839,823 TOTAL AGENCY FUNDS $898,970 $898,970 $898,970 Sales and Services $898,970 $898,970 $898,970 834 JOURNAL OF THE SENATE Sales and Services Not Itemized $898,970 $898,970 $898,970 TOTAL PUBLIC FUNDS $75,612,523 $75,612,523 $75,612,523 380.0 Departmental Administration Appropriation (HB 989) 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 $63,873,730 $63,873,730 $63,873,730 State Motor Fuel Funds $63,873,730 $63,873,730 $63,873,730 TOTAL FEDERAL FUNDS $10,839,823 $10,839,823 $10,839,823 Federal Highway Admin.-Planning & Construction CFDA20.205 $10,839,823 $10,839,823 $10,839,823 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 $75,612,523 $75,612,523 $75,612,523 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 $136,095,478 $136,095,478 $136,095,478 State General Funds $0 $0 $0 State Motor Fuel Funds $136,095,478 $136,095,478 $136,095,478 TOTAL FEDERAL FUNDS $69,658,670 $69,658,670 $69,658,670 Federal Highway Admin.-Planning & Construction CFDA20.205 $69,658,670 $69,658,670 $69,658,670 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 $206,349,381 $206,349,381 $206,349,381 381.1 Increase funds for State Fund Construction - Most Needed projects. State Motor Fuel Funds $16,589,074 $16,589,074 $16,589,074 381.2 Increase funds for State Fund Construction - Off System projects. State Motor Fuel Funds $21,436,336 $21,436,336 $21,436,336 381.0 Local Road Assistance Appropriation (HB 989) The purpose is for contracts with local governments to assist in the construction and reconstruction of their road, bridge, and street THURSDAY, FEBRUARY 21, 2008 835 systems. TOTAL STATE FUNDS $174,120,888 State Motor Fuel Funds $174,120,888 TOTAL FEDERAL FUNDS $69,658,670 Federal Highway Admin.-Planning & Construction CFDA20.205 $69,658,670 TOTAL AGENCY FUNDS $595,233 Intergovernmental Transfers $595,233 Intergovernmental Transfers Not Itemized $595,233 TOTAL PUBLIC FUNDS $244,374,791 $174,120,888 $174,120,888 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $244,374,791 $174,120,888 $174,120,888 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $244,374,791 Ports and Waterways Continuation Budget 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 $1,523,402 $1,523,402 $1,523,402 State General Funds $1,523,402 $1,523,402 $1,523,402 TOTAL PUBLIC FUNDS $1,523,402 $1,523,402 $1,523,402 382.0 Ports and Waterways Appropriation (HB 989) 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 $1,523,402 $1,523,402 $1,523,402 State General Funds $1,523,402 $1,523,402 $1,523,402 TOTAL PUBLIC FUNDS $1,523,402 $1,523,402 $1,523,402 Rail Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $297,483 $297,483 $88,239 $88,239 $88,239 $385,722 $297,483 $297,483 $88,239 $88,239 $88,239 $385,722 $297,483 $297,483 $88,239 $88,239 $88,239 $385,722 836 JOURNAL OF THE SENATE 383.0 Rail Appropriation (HB 989) 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 $297,483 $297,483 $297,483 State General Funds $297,483 $297,483 $297,483 TOTAL AGENCY FUNDS $88,239 $88,239 $88,239 Sales and Services $88,239 $88,239 $88,239 Sales and Services Not Itemized $88,239 $88,239 $88,239 TOTAL PUBLIC FUNDS $385,722 $385,722 $385,722 State Highway System Construction and Improvement Continuation Budget The purpose of this appropriation is to ensure a safe and efficient transportation system and provide the necessary resources to accelerate the surplus property disposal process. TOTAL STATE FUNDS $284,967,946 $284,967,946 $284,967,946 State General Funds $0 $0 $0 State Motor Fuel Funds $284,967,946 $284,967,946 $284,967,946 TOTAL FEDERAL FUNDS $1,032,888,665 $1,032,888,665 $1,032,888,665 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,032,888,665 $1,032,888,665 $1,032,888,665 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 $1,318,021,611 $1,318,021,611 $1,318,021,611 384.1 Increase funds for State Fund Construction - Most Needed projects. State Motor Fuel Funds $11,059,382 $11,059,382 $11,059,382 384.2 Transfer funds to the State Road and Tollway Authority for Grant Anticipation Revenue Vehicle (GARVEE) debt service payments for the Governor's Fast Forward program. State Motor Fuel Funds ($3,402,002) ($3,402,002) ($3,402,002) Federal Highway Admin.-Planning & Construction CFDA20.205 ($13,608,008) ($13,608,008) ($13,608,008) TOTAL PUBLIC FUNDS ($17,010,010) ($17,010,010) ($17,010,010) 384.0 State Highway System Construction and Improvement Appropriation (HB 989) The purpose of this appropriation is to ensure a safe and efficient transportation system and provide the necessary resources to accelerate the surplus property disposal process. TOTAL STATE FUNDS $292,625,326 $292,625,326 $292,625,326 THURSDAY, FEBRUARY 21, 2008 837 State Motor Fuel Funds $292,625,326 $292,625,326 $292,625,326 TOTAL FEDERAL FUNDS $1,019,280,657 $1,019,280,657 $1,019,280,657 Federal Highway Admin.-Planning & Construction CFDA20.205$1,019,280,657 $1,019,280,657 $1,019,280,657 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 $1,312,070,983 $1,312,070,983 $1,312,070,983 State Highway System Maintenance Continuation Budget The purpose of this appropriation is to coordinate all statewide maintenance activities. TOTAL STATE FUNDS $188,393,676 $188,393,676 $188,393,676 State Motor Fuel Funds $188,393,676 $188,393,676 $188,393,676 TOTAL FEDERAL FUNDS $153,104,852 $153,104,852 $153,104,852 Federal Highway Admin.-Planning & Construction CFDA20.205 $153,104,852 $153,104,852 $153,104,852 TOTAL AGENCY FUNDS $642,602 $642,602 $642,602 Sales and Services $642,602 $642,602 $642,602 Sales and Services Not Itemized $642,602 $642,602 $642,602 TOTAL PUBLIC FUNDS $342,141,130 $342,141,130 $342,141,130 385.0 State Highway System Maintenance Appropriation (HB 989) The purpose of this appropriation is to coordinate all statewide maintenance activities. TOTAL STATE FUNDS $188,393,676 $188,393,676 $188,393,676 State Motor Fuel Funds $188,393,676 $188,393,676 $188,393,676 TOTAL FEDERAL FUNDS $153,104,852 $153,104,852 $153,104,852 Federal Highway Admin.-Planning & Construction CFDA20.205$153,104,852 $153,104,852 $153,104,852 TOTAL AGENCY FUNDS $642,602 $642,602 $642,602 Sales and Services $642,602 $642,602 $642,602 Sales and Services Not Itemized $642,602 $642,602 $642,602 TOTAL PUBLIC FUNDS $342,141,130 $342,141,130 $342,141,130 State Highway System Operations Continuation Budget The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management. TOTAL STATE FUNDS $25,685,255 $25,685,255 $25,685,255 838 JOURNAL OF THE SENATE State Motor Fuel Funds $25,685,255 $25,685,255 $25,685,255 TOTAL FEDERAL FUNDS $35,670,542 $35,670,542 $35,670,542 Federal Highway Admin.-Planning & Construction CFDA20.205 $35,670,542 $35,670,542 $35,670,542 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 $65,382,037 $65,382,037 $65,382,037 386.0 State Highway System Operations Appropriation (HB 989) The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management. TOTAL STATE FUNDS $25,685,255 $25,685,255 $25,685,255 State Motor Fuel Funds $25,685,255 $25,685,255 $25,685,255 TOTAL FEDERAL FUNDS $35,670,542 $35,670,542 $35,670,542 Federal Highway Admin.-Planning & Construction CFDA20.205 $35,670,542 $35,670,542 $35,670,542 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 $65,382,037 $65,382,037 $65,382,037 Transit Continuation Budget 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 $7,499,939 $7,499,939 $7,499,939 State General Funds $7,499,939 $7,499,939 $7,499,939 TOTAL FEDERAL FUNDS $20,000,000 $20,000,000 $20,000,000 Federal Funds Not Itemized $20,000,000 $20,000,000 $20,000,000 TOTAL AGENCY FUNDS $6,000 $6,000 $6,000 Sales and Services $6,000 $6,000 $6,000 Sales and Services Not Itemized $6,000 $6,000 $6,000 TOTAL PUBLIC FUNDS $27,505,939 $27,505,939 $27,505,939 387.0 Transit Appropriation (HB 989) 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. THURSDAY, FEBRUARY 21, 2008 839 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,499,939 $7,499,939 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,505,939 $7,499,939 $7,499,939 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,505,939 $7,499,939 $7,499,939 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,505,939 Payments to the State Road and Tollway Authority Continuation Budget 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 $47,798,980 $47,798,980 $47,798,980 State General Funds $0 $0 $0 State Motor Fuel Funds $47,798,980 $47,798,980 $47,798,980 TOTAL PUBLIC FUNDS $47,798,980 $47,798,980 $47,798,980 388.1 Transfer funds from the State Highway System Construction and Improvement program for Grant Anticipation Revenue Vehicle (GARVEE) debt service payments for the Governor's Fast Forward program. State Motor Fuel Funds $3,402,002 $3,402,002 $3,402,002 Federal Highway Admin.-Planning & Construction CFDA20.205 $13,608,008 $13,608,008 $13,608,008 TOTAL PUBLIC FUNDS $17,010,010 $17,010,010 $17,010,010 388.2 Increase funds to reflect an increase in the required debt service on issued GARVEE bonds for the Governor's Fast Forward program. State Motor Fuel Funds $9,853,833 $9,853,833 $9,853,833 388.0 Payments to the State Road and Tollway Authority Appropriation (HB 989) 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 $61,054,815 $61,054,815 $61,054,815 State Motor Fuel Funds $61,054,815 $61,054,815 $61,054,815 TOTAL FEDERAL FUNDS $13,608,008 $13,608,008 $13,608,008 Federal Highway Admin.-Planning & Construction CFDA20.205 $13,608,008 $13,608,008 $13,608,008 TOTAL PUBLIC FUNDS $74,662,823 $74,662,823 $74,662,823 It is the intent of this General Assembly that the following provisions apply: 840 JOURNAL OF THE SENATE 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 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. 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. Section 47: Veterans Service, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Section Total - Continuation $25,286,306 $25,286,306 $25,286,306 $25,286,306 $11,919,879 $11,919,879 $11,919,879 $11,919,879 $37,206,185 $37,206,185 Section Total - Final $25,286,306 $25,286,306 $11,919,879 $11,919,879 $37,206,185 $26,210,306 $26,210,306 $11,919,879 $11,919,879 $26,210,306 $26,210,306 $11,919,879 $11,919,879 $26,210,306 $26,210,306 $11,919,879 $11,919,879 THURSDAY, FEBRUARY 21, 2008 841 TOTAL PUBLIC FUNDS $38,130,185 $38,130,185 $38,130,185 Departmental Administration Continuation Budget 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 $695,585 $695,585 $695,585 State General Funds $695,585 $695,585 $695,585 TOTAL PUBLIC FUNDS $695,585 $695,585 $695,585 389.1 Increase funds for emergency replacement of a chiller/cooling tower in the Wheeler building. State General Funds $924,000 $924,000 $924,000 389.0 Departmental Administration Appropriation (HB 989) 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 $1,619,585 $1,619,585 $1,619,585 State General Funds $1,619,585 $1,619,585 $1,619,585 TOTAL PUBLIC FUNDS $1,619,585 $1,619,585 $1,619,585 Georgia Veterans Memorial Cemetery Continuation Budget 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 $566,022 $566,022 $566,022 State General Funds $566,022 $566,022 $566,022 TOTAL FEDERAL FUNDS $44,054 $44,054 $44,054 Federal Funds Not Itemized $44,054 $44,054 $44,054 TOTAL PUBLIC FUNDS $610,076 $610,076 $610,076 390.0 Georgia Veterans Memorial Cemetery Appropriation (HB 989) 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 $566,022 $566,022 $566,022 State General Funds $566,022 $566,022 $566,022 TOTAL FEDERAL FUNDS $44,054 $44,054 $44,054 Federal Funds Not Itemized $44,054 $44,054 $44,054 TOTAL PUBLIC FUNDS $610,076 $610,076 $610,076 842 JOURNAL OF THE SENATE Georgia War Veterans Nursing Home - Augusta Continuation Budget 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 $5,960,242 $5,960,242 $5,960,242 State General Funds $5,960,242 $5,960,242 $5,960,242 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 $9,064,992 $9,064,992 $9,064,992 391.0 Georgia War Veterans Nursing Home - Augusta Appropriation (HB 989) 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 $5,960,242 $5,960,242 $5,960,242 State General Funds $5,960,242 $5,960,242 $5,960,242 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 $9,064,992 $9,064,992 $9,064,992 Georgia War Veterans Nursing Home - Milledgeville Continuation Budget The purpose of this appropriation is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $12,009,788 $12,009,788 $12,009,788 State General Funds $12,009,788 $12,009,788 $12,009,788 TOTAL FEDERAL FUNDS $8,167,635 $8,167,635 $8,167,635 Federal Funds Not Itemized $8,167,635 $8,167,635 $8,167,635 TOTAL PUBLIC FUNDS $20,177,423 $20,177,423 $20,177,423 392.0 Georgia War Veterans Nursing Home - Milledgeville Appropriation (HB 989) The purpose of this appropriation is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $12,009,788 $12,009,788 $8,167,635 $8,167,635 $20,177,423 $12,009,788 $12,009,788 $8,167,635 $8,167,635 $20,177,423 $12,009,788 $12,009,788 $8,167,635 $8,167,635 $20,177,423 THURSDAY, FEBRUARY 21, 2008 843 Veterans Benefits Continuation Budget 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 $6,054,669 $6,054,669 $6,054,669 State General Funds $6,054,669 $6,054,669 $6,054,669 TOTAL FEDERAL FUNDS $603,440 $603,440 $603,440 Federal Funds Not Itemized $603,440 $603,440 $603,440 TOTAL PUBLIC FUNDS $6,658,109 $6,658,109 $6,658,109 393.0 Veterans Benefits Appropriation (HB 989) 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 $6,054,669 $6,054,669 $6,054,669 State General Funds $6,054,669 $6,054,669 $6,054,669 TOTAL FEDERAL FUNDS $603,440 $603,440 $603,440 Federal Funds Not Itemized $603,440 $603,440 $603,440 TOTAL PUBLIC FUNDS $6,658,109 $6,658,109 $6,658,109 Section 48: Workers' Compensation, State Board of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 Section Total - Final $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 Administer the Workers' Compensation Laws Continuation Budget The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $10,801,978 $10,801,978 $10,801,978 844 JOURNAL OF THE SENATE State General Funds $10,801,978 $10,801,978 $10,801,978 TOTAL PUBLIC FUNDS $10,801,978 $10,801,978 $10,801,978 394.0 Administer the Workers' Compensation Laws Appropriation (HB 989) The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $10,801,978 $10,801,978 $10,801,978 State General Funds $10,801,978 $10,801,978 $10,801,978 TOTAL PUBLIC FUNDS $10,801,978 $10,801,978 $10,801,978 Board Administration Continuation Budget 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 $6,466,072 $6,466,072 $6,466,072 State General Funds $6,466,072 $6,466,072 $6,466,072 TOTAL PUBLIC FUNDS $6,466,072 $6,466,072 $6,466,072 395.0 Board Administration Appropriation (HB 989) 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 $6,466,072 $6,466,072 $6,466,072 State General Funds $6,466,072 $6,466,072 $6,466,072 TOTAL PUBLIC FUNDS $6,466,072 $6,466,072 $6,466,072 Section 49: State of Georgia General Obligation Debt Sinking Fund Section Total - Continuation TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL AGENCY FUNDS Reserved Fund Balances TOTAL PUBLIC FUNDS $934,608,991 $934,608,991 $765,596,669 $765,596,669 $169,012,322 $169,012,322 $105,033,144 $105,033,144 $105,033,144 $105,033,144 $1,039,642,135 $1,039,642,135 Section Total - Final $934,608,991 $765,596,669 $169,012,322 $105,033,144 $105,033,144 $1,039,642,135 TOTAL STATE FUNDS State General Funds $944,153,228 $947,390,728 $1,022,879,758 $765,596,669 $768,834,169 $844,323,199 THURSDAY, FEBRUARY 21, 2008 845 State Motor Fuel Funds TOTAL PUBLIC FUNDS $178,556,559 $178,556,559 $178,556,559 $944,153,228 $947,390,728 $1,022,879,758 General Obligation Debt Sinking Fund - Issued Continuation Budget TOTAL STATE FUNDS $835,141,296 $835,141,296 $835,141,296 State General Funds $672,109,074 $672,109,074 $672,109,074 State Motor Fuel Funds $163,032,222 $163,032,222 $163,032,222 TOTAL AGENCY FUNDS $105,033,144 $105,033,144 $105,033,144 Reserved Fund Balances $105,033,144 $105,033,144 $105,033,144 General Obligation Debt Reserve-State General Funds $67,648,144 $67,648,144 $67,648,144 General Obligation Debt Reserve-State Motor Fuel Funds $37,385,000 $37,385,000 $37,385,000 TOTAL PUBLIC FUNDS $940,174,440 $940,174,440 $940,174,440 396.1 Eliminate funds budgeted to recognize reserves for authorized but not issued debt for projects funded with State General Funds and Motor Fuel Funds. General Obligation Debt Reserve-State General Funds ($67,648,144) ($67,648,144) ($67,648,144) General Obligation Debt Reserve-State Motor Fuel Funds ($37,385,000) ($37,385,000) ($37,385,000) TOTAL PUBLIC FUNDS ($105,033,144) ($105,033,144) ($105,033,144) 396.2 Increase funds to cover debt service on issued bonds for the Department of Transportation. State Motor Fuel Funds $9,544,237 $9,544,237 $9,544,237 396.3 Reduce funds to reflect excess debt service on issued bonds in FY08. State General Funds ($83,107,781) ($83,107,781) 396.4 Reduce funds to reflect defeasance of previously issued bonds for the Olympic dorm project. State General Funds ($7,831,878) ($7,831,878) 396.5 Reduce funds to reflect savings from bonds purchased by the Georgia State Financing and Investment Commission. State General Funds ($1,508,612) ($1,508,612) 396.6 Increase funds to maintain excess debt service for issued bonds to offset requirements for FY09. (S:Increase funds for debt service for issued bonds and make funds available in FY09 for reducing the Quality Basic Education austerity reduction ($71,526,530) and for other purposes ($7,200,000)) State General Funds $92,448,271 $171,174,801 396.0 General Obligation Debt Sinking Fund - Issued Appropriation (HB 989) TOTAL STATE FUNDS State General Funds State Motor Fuel Funds $844,685,533 $672,109,074 $172,576,459 $844,685,533 $672,109,074 $172,576,459 $923,412,063 $750,835,604 $172,576,459 846 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $844,685,533 $844,685,533 $923,412,063 General Obligation Debt Sinking Fund - New Continuation Budget TOTAL STATE FUNDS $99,467,695 $99,467,695 $99,467,695 State General Funds $93,487,595 $93,487,595 $93,487,595 State Motor Fuel Funds $5,980,100 $5,980,100 $5,980,100 TOTAL PUBLIC FUNDS $99,467,695 $99,467,695 $99,467,695 Education Education, Department of 397.1 K - 12 Schools: $0 in principal for 10 years at 5%: Purchase school buses. State General Funds $3,237,500 $0 Total Debt Service 10 year at 5% State General Funds $3,237,500 Total Debt Service State General Funds $3,237,500 Total Principal Amount 10 year at 5% State General Funds $25,000,000 Total Principal State General Funds $25,000,000 397.0 General Obligation Debt Sinking Fund - New Appropriation (HB 989) TOTAL STATE FUNDS $99,467,695 $102,705,195 $99,467,695 State General Funds $93,487,595 $96,725,095 $93,487,595 State Motor Fuel Funds $5,980,100 $5,980,100 $5,980,100 TOTAL PUBLIC FUNDS $99,467,695 $102,705,195 $99,467,695 The following paragraphs authorizing the issuance of general obligation debt first appeared in the original appropriations act House Bill 95, Act No. 377, Ga. Laws 2007, Volume One, Book Two Appendix, Section 49. For some of those paragraphs in the interim the authority they provided to issue debt has either been fully utilized or partially utilized. For those fully utilized their repetition here is only to prevent an incorrect implication of their repeal by omission and does not indicate new authority. For those partially utilized there is no intent to renew the full authority but only to reflect the continuing power to utilize the remaining authority. Bond Financing Appropriated: THURSDAY, FEBRUARY 21, 2008 847 Headquarters and Training Academy: $10,000,000 in principal for 20 years at 5.75%: Relocate the Headquarters and Training Academy. From State General Funds, $854,300 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, $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.101 GDC multi-projects: $24,380,000 in principal for 20 years at 5.75%: Fund bed space expansion by 1024 beds. From State General Funds, $2,082,783 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, $24,380,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.102 Dobbins Headquarters: $3,070,000 in principal for 20 years at 5.75%: Increase State funds to match Federal funding to design, construct and equip the new Joint Headquarters at Dobbins. From State General Funds, $262,270 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, $3,070,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.103 Northwest Regional Crime Laboratory: $2,650,000 in principal for 20 years at 5.75%: Design, construct, and equip a new Summerville Medical Examiners Office and Morgue. From State General Funds, $226,390 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, $2,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.104 DJJ Multi-Projects: $3,500,000 in principal for 5 years at 4.5%: Provide funds for Facility Repairs statewide. From State General Funds, $798,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.105 848 JOURNAL OF THE SENATE DJJ Multi-Projects: $5,000,000 in principal for 5 years at 4.5%: Provide funds for Minor Construction/Renovations statewide. From State General Funds, $1,140,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.106 Atlanta Area Youth Development Campus: $6,795,000 in principal for 20 years at 5.75%: Provide funds for conversion of a Department of Corrections facility for the Atlanta Area Youth Detention Center (YDC). From State General Funds, $580,497 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, $6,795,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.107 Local Government Infrastructure: $20,000,000 in principal for 20 years at 5.75%: Provide funds for the State Funded Water and Sewer Construction Loan Program. From State General Funds, $1,708,600 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. BOND #397.201 Local Government Infrastructure: $3,120,000 in principal for 20 years at 5.75%: Provide funds for the Clean Water State Revolving Loan Fund (SRF) Match Water and Sewer Construction Loan Program. From State General Funds, $266,542 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 $3,120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.202 Local Government Infrastructure: $4,880,000 in principal for 20 years at 5.75%: Provide funds for the Drinking Water SRF Match Water and Sewer Construction Loan Program. From State General Funds, $416,898 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 $4,880,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.203 Savannah Harbor: $6,575,000 in principal for 20 years at 5.75%: Provide funds for the Savannah Harbor Dike Disposal Area. From State General Funds, $561,702 is specifically appropriated for the purpose of financing projects and facilities for the THURSDAY, FEBRUARY 21, 2008 849 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, $6,575,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.204 Fast Forward: $70,000,000 in principal for 20 years at 5.75%: Provide funds for the Fast Forward program statewide. From State Motor Fuel Funds, $5,980,100 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, $70,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.205 Ports Authority: $710,000 in principal for 5 years at 4.5%: Repair roofs at Brunswick Port Warehouse No.6 ($210,000) and purchase a conveyor ($500,000). From State General Funds, $161,880 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, $710,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.210 Herty Advanced Materials Development Center: $2,000,000 in principal for 5 years at 4.5%: Repair and upgrade facilities and equipment. From State General Funds, $456,000 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, $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.211 K - 12 Schools: $178,310,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Regular, for local school construction. From State General Funds, $15,233,023 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 $178,310,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.301 K - 12 Schools: $143,505,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program- Exceptional Growth, for local school construction. From State General Funds, $12,259,632 is specifically appropriated for the purpose of financing educational facilities for 850 JOURNAL OF THE SENATE county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than $143,505,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.302 K - 12 Schools: $122,100,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Regular Advance, for local school construction. From State General Funds, $10,431,003 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 $122,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.303 K - 12 Schools: $10,250,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Low Wealth, for local school construction. From State General Funds, $875,657 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 $10,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.304 GBA multi-projects: $4,930,000 in principal for 20 years at 5.75%: Provide funds for Capitol Hill Buildings Facade Restorations. From State General Funds, $421,170 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $4,930,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.402 State Capitol: $2,000,000 in principal for 20 years at 5.75%: Provide funds for the Capitol Building Interior Renovations. From State General Funds, $170,860 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, $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.403 Tax System: $7,000,000 in principal for 5 years at 4.5%: Continue implementation of Integrated Tax System. From State General Funds, $1,596,000 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, $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have THURSDAY, FEBRUARY 21, 2008 851 maturities not in excess of 60 months. BOND #397.404 Tax System: $4,000,000 in principal for 5 years at 4.5%: Develop and implement an Enterprise Data Warehouse. From State General Funds, $912,000 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, $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.405 GBA multi-projects: $3,000,000 in principal for 20 years at 5.75%: Repairs and renovations for the Governor's Mansion. From State General Funds, $256,290 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, $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.406 Regents: $42,500,000 in principal for 20 years at 5.75%: Fund major repairs and rehabilitation. From State General Funds, $3,630,775 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, $42,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.501 Georgia College and State University: $1,000,000 in principal for 5 years at 4.5%: Purchase equipment for Parks Nursing Center, Georgia College and State University, Milledgeville, Baldwin County. From State General Funds, $228,000 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, $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.502 State University of West Georgia: $3,000,000 in principal for 5 years at 4.5%: Purchase equipment for Health, Wellness, Lifelong Learning Center. From State General Funds, $684,000 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, $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.503 852 JOURNAL OF THE SENATE North Georgia College and State University: $2,000,000 in principal for 5 years at 4.5%: Purchase equipment for the Library and Technology Center. From State General Funds, $456,000 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, $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.504 Savannah State College: $12,700,000 in principal for 20 years at 5.75%: Construct an Academic Classroom Building. From State General Funds, $1,084,961 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, $12,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.505 Macon State College: $22,200,000 in principal for 20 years at 5.75%: Design and construct the Professional Sciences Center. From State General Funds, $1,896,546 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, $22,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.506 Fort Valley State University: $16,800,000 in principal for 20 years at 5.75%: Design and construct the Academic Classroom Building. From State General Funds, $1,435,224 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, $16,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.507 University of Georgia: $37,205,000 in principal for 20 years at 5.75%: Design and construct the College of Pharmacy. From State General Funds, $3,178,423 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, $37,205,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.508 Kennesaw State University: $42,500,000 in principal for 20 years at 5.75%: Design and construct the Health Sciences Building. THURSDAY, FEBRUARY 21, 2008 853 From State General Funds, $3,630,775 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, $42,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.509 Georgia Gwinnett College: $28,300,000 in principal for 20 years at 5.75%: Design and construct a Library, Georgia Gwinnett College. From State General Funds, $2,417,669 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, $28,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.510 Traditional Industries and Research Alliance - Regents: $19,000,000 in principal for 5 years at 4.5%: Fund major research and development equipment for Georgia Research Alliance at the University of Georgia, Georgia Technology University, Medical College of Georgia, Georgia State University, Emory University, and Clark Atlanta. From State General Funds, $4,332,000 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, $19,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.511 Traditional Industries and Research Alliance - Regents: $900,000 in principal for 5 years at 4.5%: Purchase equipment for ongoing Traditional Industries Program (TIP). 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, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.512 Macon State College: $5,000,000 in principal for 20 years at 5.75%: Design and construct the Warner Robins Academic Building I. 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, $5,000,000 in principal amount of General Obligation Debt, the 854 JOURNAL OF THE SENATE instruments of which shall have maturities not in excess of 240 months. BOND #397.513 Southern Polytechnic State University: $2,000,000 in principal for 20 years at 5.75%: Renovate Building I. From State General Funds, $170,860 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, $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.517 Georgia State University: $4,800,000 in principal for 20 years at 5.75%: Replace the exhaust stack system on the Natural Science Center. 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, $4,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.519 Regents: $2,650,000 in principal for 20 years at 5.75%: Construct the Sutton Dining Hall at Rock Eagle. From State General Funds, $226,389 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, $2,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.521 Columbus Technical College: $16,285,000 in principal for 20 years at 5.75%: Design and construct Health Science Building. From State General Funds, $1,391,228 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, $16,285,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.550 Athens Area Technical College: $17,815,000 in principal for 20 years at 5.75%: Design and construct Health Science Building. From State General Funds, $1,521,935 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, $17,815,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.551 Flint River Technical College: $1,260,000 in principal for 5 years at 4.5%: Purchase equipment for new Industrial Training THURSDAY, FEBRUARY 21, 2008 855 Building. From State General Funds, $287,280 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, $1,260,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.552 Chattahoochee Technical College: $2,075,000 in principal for 5 years at 4.5%: Purchase equipment for the new classroom building, Paulding County Campus. From State General Funds, $473,100 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, $2,075,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.553 Savannah Technical College: $2,445,000 in principal for 5 years at 4.5%: Purchase equipment for the new technology building. From State General Funds, $557,460 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, $2,445,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.554 Atlanta Technical College: $2,795,000 in principal for 5 years at 4.5%: Purchase equipment for the new Allied Health Building. From State General Funds, $637,260 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, $2,795,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.555 Okefenokee Technical College: $1,815,000 in principal for 5 years at 4.5%: Purchase equipment for the new Allied Health Building. From State General Funds, $413,820 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $1,815,000 in principal amount of General Obligation Debt, the 856 JOURNAL OF THE SENATE instruments of which shall have maturities not in excess of 60 months. BOND #397.556 North Metro Technical College: $2,450,000 in principal for 5 years at 4.5%: Purchase equipment for the Allied Health and Technology Building. From State General Funds, $558,600 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, $2,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.557 South Georgia Technical College: $2,030,000 in principal for 5 years at 4.5%: Purchase equipment for underway construction projects. From State General Funds, $462,840 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, $2,030,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.558 DeKalb Technical College: $3,900,000 in principal for 5 years at 4.5%: Purchase equipment for underway construction projects. From State General Funds, $889,200 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, $3,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.559 Griffin Technical College: $610,000 in principal for 5 years at 4.5%: Purchase equipment for underway construction projects. From State General Funds, $139,080 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, $610,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.560 Technical College Multi-Projects: $7,000,000 in principal for 5 years at 4.5%: Replace obsolete equipment at multiple technical colleges. From State General Funds, $1,596,000 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 THURSDAY, FEBRUARY 21, 2008 857 personal, necessary or useful in connection therewith, $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.561 Middle Georgia Technical College: $560,000 in principal for 5 years at 4.5%: Purchase equipment for the Child Development Center. From State General Funds, $127,680 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, $560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.562 Appalachian Technical College: $7,000,000 in principal for 20 years at 5.75%: Design and construct Cherokee County Campus. From State General Funds, $598,011 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, $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.565 Technical College Multi-Projects: $15,000,000 in principal for 20 years at 5.75%: Fund Career Academies. From State General Funds, $1,281,450 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, $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.566 Coosa Valley Technical College: $11,900,000 in principal for 20 years at 5.75%: Complete Building Phase Three on the Gordon Campus. From State General Funds, $1,016,617 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, $11,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.572 North Paulding Public Library: $1,545,000 in principal for 20 years at 5.75%: Design and construct as a part of the West Georgia Regional Library. From State General Funds, $131,989 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 North Paulding Public Library, for that library, 858 JOURNAL OF THE SENATE through the issuance of not more than $1,545,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.580 Jasper County Public Library: $1,035,000 in principal for 20 years at 5.75%: Construct as a part of the Uncle Remus Regional Library. From State General Funds, $88,420 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 Jasper County 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 240 months. BOND #397.581 Porter Memorial Public Library: $2,000,000 in principal for 20 years at 5.75%: Construct as a part of the Newton 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 Porter Memorial 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. BOND #397.582 DHR multi-projects: $4,400,000 in principal for 20 years at 5.75%: Fund the facility roofing program, statewide. From State General Funds, $375,892 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, $4,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.601 DHR multi-projects: $3,500,000 in principal for 20 years at 5.75%: Fund renovations for the Emergency Operations Center / server room emergency power and stand alone HVAC. From State General Funds, $299,005 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, $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.602 Southwestern State Hospital - Thomasville: $1,855,000 in principal for 20 years at 5.75%: Replace chillers and associated pumps. From State General Funds, $158,473 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, $1,855,000 in principal amount of General Obligation Debt, the instruments of THURSDAY, FEBRUARY 21, 2008 859 which shall have maturities not in excess of 240 months. BOND #397.603 Central State Hospital: $1,745,000 in principal for 20 years at 5.75%: Fund steam plant upgrades. From State General Funds, $149,075 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, $1,745,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.604 Georgia War Veterans Nursing Home, Augusta: $1,575,000 in principal for 5 years at 4.5%: Add State funds to match Federal funds for life safety and building upgrades. From State General Funds, $359,100 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, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $1,575,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.605 Georgia War Veterans Nursing Home, Milledgeville: $1,050,000 in principal for 20 years at 5.75%: Add State funds to match Federal funds for Wheeler Building, Alzheimer's unit addition and building. From State General Funds, $89,702 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, $1,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.606 Roosevelt Warm Springs Institute for Rehabilitation: $9,935,000 in principal for 20 years at 5.75%: Add State funds to match Federal funds to acquire property, design, construct, and equip New Residence Hall, Evaluation and Training Buildings (VRU). From State General Funds, $848,747 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, $9,935,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.607 Georgia National Fairgrounds and Agricenter: $9,565,000 in principal for 20 years at 5.75%: Design, construct, and equip Livestock and Equine Facilities Expansion. From State General Funds, $817,138 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 860 JOURNAL OF THE SENATE improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $9,565,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.701 Forestry Equipment: $2,500,000 in principal for 5 years at 4.5%: Purchase capital equipment, statewide. (H:$2,000,000) From State General Funds, $570,000 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, $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.702 Public Fishing Area: $14,000,000 in principal for 20 years at 5.75%: Construct an Education and Visitor Center and a Hatchery for Go Fish Georgia. From State General Funds, $1,196,020 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, $14,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.704 Forestry Equipment: $860,000 in principal for 5 years at 4.5%: Increase funds to address ongoing facilities maintenance needs. From State General Funds, $196,080 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, $860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.706 Section 50: 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 51: 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 THURSDAY, FEBRUARY 21, 2008 861 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 52: Salary Adjustments The appropriations to budget units made above include funds for, and have the added purpose of, the following salary increases and adjustments, administered in conformity with the applicable compensation and performance management plans as provided by law: 1.) A general salary increase of three percent for employees of the Executive, Judicial, and Legislative Branches. The amount for this Item is calculated according to an effective date of January 1, 2008. 2.) In lieu of other numbered items, (a) to provide 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 determined by the Office of Planning and Budget according to O.C.G.A. 45-7-4(b), 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 increases of up to three percent 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, 2008. 3.) In addition to other numbered Items, for budget units with employees of the Executive Branch, an amount equal to 0.5% of total personal services, calculated as of the end of calendar year 2006 for an effective date of January 1, 2008, for market adjustments, performance incentives and equity adjustments. 4.) Before items 1 and 3 above, but not in lieu of them, funds to adjust salaries of certain employees in the job titles and departments shown in the "Summary of Identified Job Classifications" on page 38 of The Governor's Budget Report FY 2008. The employees are those within the listed job titles and agencies with salaries below 75% of the salary determined by the Commissioner of Personnel Administration in December of 2006 to be the market midpoint rate for their job titles. The purpose is to adjust salaries of incumbents to 75% of such market midpoint rate, calculated for an effective date of January 1, 2008. 5.) In lieu of other numbered items, (a) to provide for a 3% increase across the State Salary Schedule of the State Board of Education through a 3% increase in the state base salary. This proposed 3% 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 862 JOURNAL OF THE SENATE 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, 2007; (b) To provide for a 3% increase in funding for salaries for lunchroom workers and for a 3% 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, 2007. 6.) In lieu of other numbered items, to provide a 3% 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 September 1, 2007. 7.) In lieu of other numbered items, to provide a 3% 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, 2008. 8.) In lieu of other numbered items, to provide a 3% salary increase for public librarians administered by the Board of Regents. The amount for this Item is calculated according to an effective date of January 1, 2008. 9.) In lieu of other numbered items, to provide for a 3% salary increase for teachers and support personnel within the Department of Technical and Adult Education. The amount for this Item is calculated according to an effective date of January 1, 2008. Section 53: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of the General Appropriations Act for state fiscal year 2004-2005 (Section 63 of Ga. L. 2004, pp. 994, 1046, 1050), as carried forward in Section 63 of House Bill 84 (Ga. L. 2005, pp. 1262, 1307, 1311), in Section 48 of House Bill 85 (Ga. L. 2005, pp. 1319, 1415, 1426) and in Section 50 of House Bill 1026 (Ga. L. 2006, Book One, Volume Two Appendix, commencing as p. 1 of 226) is hereby repealed in its entirety: From the appropriation designated "State General Funds (New)," $4,520,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. 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 (Ga. L. 2005, pp. 1262, 1307, 1314) and amended in Section 51 of House Bill 1026 (Ga. L. 2006, Book One, Volume Two Appendix, commencing as p. 1 of 226) to read as follow: 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 THURSDAY, FEBRUARY 21, 2008 863 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 $14,220,000 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 (Ga. L. 2005, pp. 1262, 1307, 1315) and amended in Section 51 of House Bill 1026 (Ga. L. 2006, Book One, Volume Two Appendix, commencing as p. 1 of 226) to read as follow: From the appropriation designated "State General Funds (New)," $24,099 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $277,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months has been implemented by issuance of $275,000 in principal amount of General Obligation Debt. The remaining authority to issue up to $2,000 in principal amount is hereby repealed. The following paragraph of the General Appropriations Act for state fiscal year 2005-2006 (Section 48 of Ga. L. 2005, p. 1319, 1425), as carried forward in Section 50 of House Bill 1026 (Ga. L. 2006, Book One, Volume Two Appendix, commencing as p. 1 of 226) and which reads as follows: 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. is amended to read as follows: From the appropriation designated "State General Funds (New)", $570,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. The following paragraph of the General Appropriations Act for state fiscal year 2005-2006 (Section 48 of Ga. L. 2005, pp. 864 JOURNAL OF THE SENATE 1319, 1426) is hereby repealed in its entirety: 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. Section 54: 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 Total State Funds and Total Federal Funds under a caption beginning with a program number and program name and ending with Appropriation (HB989). In each case, such appropriation is associated with the immediately preceding statement of Program Name and Program Purpose. The Program Purpose is stated immediately below the Program Name. For local assistance grants in Section 15 and for authorizations for general obligation debt in Section 49, the authorizing paragraphs at the end of each Section are the lowest level of detail and constitute appropriations in accordance with O.C.G.A. 50-8-8(a) and Article VII, Section IV, Paragraph III(a)(1) of the Georgia Constitution, respectively. Text in a group of lines that begin with a decimal number is not part of a statement of purpose and is for informational purposes only. Amounts in the columns other than the right-most column are for informational purposes only. The summary and lowest level of detail for Total Agency Funds and Total Intra-State Governmental Transfers 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, and 54 contain, constitute, or amend appropriations. When an agency receives appropriations from the group of Total Federal Funds category for more than one program, the appropriation is the amount stated, and the program shall also be authorized an additional fifty percent (50%) of the stated amount. However, if the additional authority is used, the appropriations of federal 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. Section 55: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 56: Repeal Conflicting Laws All laws and parts of laws in conflict with this act are repealed. THURSDAY, FEBRUARY 21, 2008 865 Senators Jones of the 10th, Seay of the 34th, Davenport of the 44th, Thompson of the 5th and Reed of the 35th moved to amend Senate Appropriations Committee Substitute to HB 989 by removing funds from and changing line 396.6 page 156 to read: Text: Increase funds to maintain excess debt service for issued bonds to offset requirements for FY09. (S:Increase funds for debt service for issued bonds and make funds available in FY09 for reducing the Quality Basic Education austerity reduction ($40,817,363) and for other purposes ($7,200,000)) Fund Sources: State General Funds $140,465,634 And by adding funds to and changing line 143.2 page 58 to read: Text: Increase funds for a supplemental equalization grant to narrow the gap (per pupil and spending) between school systems to avoid a funding shortfall in FY09 and ensure compliance with O.C.G.A. 20-2-165. Fund Sources: State General Funds $30,709,167 End of Amendment Amendment is to restore equalization funding by reducing funds from prepaying debt service. On the adoption of the Jones amendment #1 to the committee substitute the President asked for unanimous consent. Senator Seabaugh of the 28th objected. 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 Carter N Chance N Chapman N Cowsert N Heath N Henson N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Jackson N Johnson Y Jones N Schaefer N Seabaugh Y Seay N Shafer,D N Smith N Staton Y Stoner Y Tarver Y Tate 866 JOURNAL OF THE SENATE Y Davenport N Douglas Y Fort N Goggans E Golden N Grant N Hamrick Y Harbison N Harp N Hawkins Y Me V Bremen N Moody N Mullis N Murphy Y Orrock N Pearson Powell Y Ramsey Y Reed N Rogers N Thomas,D N Thomas,R Y Thompson,C E Thompson,S N Tolleson N Unterman N Weber N Wiles N Williams On the adoption of the amendment, the yeas were 17, nays 36, and the Jones amendment #1 was lost. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert N Davenport Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson N Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 51, nays 2. THURSDAY, FEBRUARY 21, 2008 867 HB 989, having received the requisite constitutional majority, was passed by substitute. Senator Williams of the 19th moved that the Senate adjourn until 9:00 a.m. Friday, February 22, 2008. The motion prevailed, and the President announced the Senate adjourned at 1:48 p.m. 868 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Friday, February 22, 2008 Twenty-second Legislative Day The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by Senator Eric Johnson, President Pro Tempore. 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 611. By Representatives Maxwell of the 17th, Smith of the 113th, Coan of the 101st, Talton of the 145th and England of the 108th: A BILL to be entitled an Act to amend Code Section 43-14-6 of the Official Code of Georgia Annotated, relating to the powers and duties of the divisions of the State Construction Industry Licensing Board, so as to provide for changes to the restrictions of Class I licenses for electrical contracting; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 656. By Representatives Williams of the 89th, Lunsford of the 110th, Mangham of the 94th, Brooks of the 63rd, Watson of the 91st and others: A BILL to be entitled an Act to amend Code Section 47-3-121, relating to optional retirement allowances under the Teachers Retirement System of Georgia, election of such options, and revocation of election, so as to provide that a member who upon retirement elects survivors benefits for a spouse and another may, in the event of divorce, revoke such election as to FRIDAY, FEBRUARY 22, 2008 869 the spouse; to provide that the member may elect to reallocate the spouses share amount among the other beneficiaries or such beneficiaries shall continue to be entitled to the same benefit; to provide for a recalculation of the members benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1040. By Representatives Lindsey of the 54th, Oliver of the 83rd, Tumlin of the 38th, Teilhet of the 40th and Forster of the 3rd: A BILL to be entitled an Act to amend Part 3 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction and venue of juvenile court proceedings, so as to grant jurisdiction to juvenile courts for the appointment of a permanent guardian for a deprived child under certain circumstances; to provide for required findings; to provide for duration of orders; to provide for modification, vacation, or revocation of orders; to provide for notice and a hearing; to provide for rights and duties of the permanent guardians; to provide for an oath; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1165. By Representatives Fleming of the 117th, Burkhalter of the 50th, Martin of the 47th, Rice of the 51st, Smith of the 113th and others: 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 reciprocity agreements between states desiring to issue special license plates recognizing institutions of higher education or affiliated athletic programs or logos located outside the borders of the issuing state; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1223. By Representatives Teilhet of the 40th, Tumlin of the 38th, Cooper of the 41st, Golick of the 34th, Ehrhart of the 36th 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 particularly by an Act approved May 29, 2007 (Ga. L. 2007, 4201), so as to provide for compensation of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. 870 JOURNAL OF THE SENATE The following Senate legislation was introduced, read the first time and referred to committee: SB 502. By Senators Grant of the 25th, Thomas of the 2nd and Seay of the 34th: A BILL to be entitled an Act to amend Code Section 42-9-9 of the Official Code of Georgia Annotated, relating to employees of the parole board, so as to provide that certified parole officers employed by the parole board who leave the board under certain conditions may retain their badges; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. SB 503. By Senators Shafer of the 48th, Reed of the 35th, Moody of the 56th, Williams of the 19th, Fort of the 39th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to enact the "Whistleblower Open Settlements Act"; to provide for a short title; to provide for legislative findings; to prohibit a hospital authority from entering into or enforcing confidential settlement agreements with a federally or state protected whistleblower; to provide that any such agreements are void and unenforceable; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Urban Affairs Committee. SB 504. By Senators Hill of the 32nd, Hudgens of the 47th, Goggans of the 7th, Seabaugh of the 28th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that a religious nonprofit organization which enters into a health care cost sharing arrangement with its members shall not be considered an insurance company, health maintenance organization, or health benefit plan of any class, kind, or character and shall not be subject to any laws related to such; to provide for definitions; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. FRIDAY, FEBRUARY 22, 2008 871 SB 505. By Senators Balfour of the 9th, Thomas of the 54th, Carter of the 13th and Hill of the 32nd: 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 establish the position of state diabetes coordinator; to provide for appointment of the coordinator; to provide for the duties of the coordinator; to provide for reports to the Governor and General Assembly on matters relating to diabetes; to provide for administrative support for the coordinator; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 506. By Senators Carter of the 13th, Thomas of the 54th, Seay of the 34th, Rogers of the 21st, Hill of the 32nd 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 the health of students in elementary and secondary education, so as to enact the "Student Health and Physical Education Act"; to require local school systems to conduct physical fitness testing of students and to comply with state physical education instruction requirements; to provide for aggregate reporting of data; to provide for public inspection of such data; to establish a position within the Department of Education to coordinate activities relating to physical education; to designate unhealthy school systems under certain conditions; to provide for a recognition program established by the Governor to acknowledge healthy school systems and schools; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 507. By Senators Moody of the 56th, Carter of the 13th, Johnson of the 1st, Brown of the 26th, Butler of the 55th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to establish requirements for basic therapy services for children with disabilities detected under screening activities required by federal law; to provide for legislative findings; to provide for definitions; to assure similar treatments and services for categorically needy and medically fragile children; to provide certain requirements relating to administrative prior approval for services and appeals; to provide for related matters; to provide for an effective date; to repeal 872 JOURNAL OF THE SENATE conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 508. By Senators Meyer von Bremen of the 12th, Harp of the 29th, Adelman of the 42nd and Weber of the 40th: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 10, Chapter 9 of Title 15, Title 29, and Title 53 of the Official Code of Georgia Annotated, relating to the relations between principal and agent, probate courts, guardian and ward, and wills, trusts, and administration of estates, respectively, so as to update and change provisions affecting the probate courts; to update a reference to a conservator involving incompetency or incapacity of a principal on a power of attorney; to change references relating to the power to cite absconding fiduciaries; to change provisions relating to place and time for holding court; to provide for quarterly terms of court rather than monthly; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. SR 1006. By Senators Brown of the 26th, Reed of the 35th, Orrock of the 36th, Butler of the 55th, Adelman of the 42nd and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that the right of an individual to make medical decisions shall not be infringed; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Judiciary Committee. SR 1007. By Senators Staton of the 18th, Douglas of the 17th, Thomas of the 54th, Grant of the 25th and Harp of the 29th: A RESOLUTION Urging the Georgia Congressional delegation to oppose efforts by the United States Environmental Protection Agency to make air quality standards more strict; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 1010. By Senator Harbison of the 15th: A RESOLUTION urging the President and Congress of the United States to FRIDAY, FEBRUARY 22, 2008 873 call for a peaceful resolution to the current electoral crisis in Kenya and urging support of House Congressional Resolution 283; and for other purposes. Referred to the Interstate Cooperation Committee. SR 1011. By Senators Jackson of the 24th, Chapman of the 3rd, Goggans of the 7th, Murphy of the 27th, Balfour of the 9th and others: A RESOLUTION expressing gratitude and appreciation for the tireless and dangerous work done by the United States Border Patrol and urging the President and Congress of the United States to review the conviction and incarceration of former Border Patrol agents Ignacio "Nacho" Ramos and Jose Alonso Compean; and for other purposes. Referred to the Interstate Cooperation Committee. SR 1012. By Senators Grant of the 25th, Harp of the 29th, Smith of the 52nd, Chapman of the 3rd, Murphy of the 27th and others: A RESOLUTION authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; authorizing the conveyance by exchange of certain state owned real property in Brantley County, Georgia; authorizing the conveyance of certain state owned real property located in Bulloch County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; authorizing the conveyance of certain state owned property in Lowndes County, Georgia; authorizing the conveyance of certain state owned property in Mitchell County, Georgia; authorizing the conveyance of and easement over certain state owned real property located in Troup 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 611. By Representatives Maxwell of the 17th, Smith of the 113th, Coan of the 101st, Talton of the 145th and England of the 108th: A BILL to be entitled an Act to amend Code Section 43-14-6 of the Official Code of Georgia Annotated, relating to the powers and duties of the divisions of the State Construction Industry Licensing Board, so as to provide for changes to the restrictions of Class I licenses for electrical contracting; to 874 JOURNAL OF THE SENATE provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 656. By Representatives Williams of the 89th, Lunsford of the 110th, Mangham of the 94th, Brooks of the 63rd, Watson of the 91st and others: A BILL to be entitled an Act to amend Code Section 47-3-121, relating to optional retirement allowances under the Teachers Retirement System of Georgia, election of such options, and revocation of election, so as to provide that a member who upon retirement elects survivors benefits for a spouse and another may, in the event of divorce, revoke such election as to the spouse; to provide that the member may elect to reallocate the spouses share amount among the other beneficiaries or such beneficiaries shall continue to be entitled to the same benefit; to provide for a recalculation of the members 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 1040. By Representatives Lindsey of the 54th, Oliver of the 83rd, Tumlin of the 38th, Teilhet of the 40th and Forster of the 3rd: A BILL to be entitled an Act to amend Part 3 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction and venue of juvenile court proceedings, so as to grant jurisdiction to juvenile courts for the appointment of a permanent guardian for a deprived child under certain circumstances; to provide for required findings; to provide for duration of orders; to provide for modification, vacation, or revocation of orders; to provide for notice and a hearing; to provide for rights and duties of the permanent guardians; to provide for an oath; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 1165. By Representatives Fleming of the 117th, Burkhalter of the 50th, Martin of the 47th, Rice of the 51st, Smith of the 113th and others: 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 reciprocity agreements between states desiring to issue special license plates recognizing institutions of higher education or affiliated athletic programs or logos located outside the borders of the issuing FRIDAY, FEBRUARY 22, 2008 875 state; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 1223. By Representatives Teilhet of the 40th, Tumlin of the 38th, Cooper of the 41st, Golick of the 34th, Ehrhart of the 36th 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 particularly by an Act approved May 29, 2007 (Ga. L. 2007, 4201), 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. 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: HB 291 Do Pass by substitute HB 297 Do Pass HB 1088 Do Pass HR 1158 Do Pass SB 440 Do Pass SB 484 Do Pass by substitute Respectfully submitted, Senator Pearson of the 51st 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 404 Do Pass by substitute SB 469 Do Pass SB 490 Do Pass SR 788 Do Pass by substitute Respectfully submitted, Senator Thomas of the 54th District, Chairman 876 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: SB 259 SB 436 Do Pass by substitute Do Pass Respectfully submitted, Senator Smith of the 52nd District, Chairman Mr. President: The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 463 SB 466 SR 820 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Tolleson of the 20th District, Chairman Mr. President: The Public Safety Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 77 Do Pass by substitute HB 945 Do Pass HB 1027 Do Pass by substitute SB 437 Do Pass Respectfully submitted, Senator Murphy of the 27th 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 474 Do Pass by substitute FRIDAY, FEBRUARY 22, 2008 877 Respectfully submitted, Senator Staton of the 18th 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 217 SB 455 SB 456 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Meyer von Bremen of the 12th District, Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1127 Do Pass HB 1137 Do Pass HB 1182 Do Pass Respectfully submitted, Senator Wiles of the 37th District, Chairman The following legislation was read the second time: HB 967 HB 975 SB 366 SB 383 SB 403 SB 454 SB 473 SR 753 The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Hooks of the 14th Grant of the 25th Reed of the 35th Heath of the 31st Thomas of the 2nd The roll was called and the following Senators answered to their names: 878 JOURNAL OF THE SENATE Adelman Balfour Brown Bulloch Butler Carter Chance Chapman Cowsert Davenport Douglas Goggans Harbison Harp Hawkins Henson Hill,Jack Hill,Judson Hudgens Jackson Jones Me V Bremen Moody Mullis Murphy Orrock Pearson Powell Ramsey Rogers Schaefer Seabaugh Seay Shafer,D Smith Staton Stoner Tarver Tate Thomas,D Tolleson Unterman Weber Wiles Williams Not answering were Senators: Fort Hamrick Johnson (Presiding) Thompson, C. Golden (Excused) Heath (Excused) Reed (Excused) Thompson, S. Grant (Excused) Hooks (Excused) Thomas, R. (Excused) 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 Adelman of the 42nd introduced the chaplain of the day, Rabbi Ilan Feldman of Atlanta, Georgia, who offered scripture reading and prayer. The President assumed the Chair. The following resolutions were read and adopted: SR 1003. By Senator Johnson of the 1st: A RESOLUTION recognizing and welcoming the World Organization of China Painters to Tybee Island, Georgia; and for other purposes. SR 1004. By Senators Johnson of the 1st and Douglas of the 17th: A RESOLUTION recognizing and commending the Third Infantry Division of FRIDAY, FEBRUARY 22, 2008 879 the United States Army on the occasion of their 90th anniversary; and for other purposes. SR 1008. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Reverend Joseph Roberson; and for other purposes. SR 1009. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Mr. David Britt II; and for other purposes. SR 1013. By Senators Staton of the 18th and Tolleson of the 20th: A RESOLUTION recognizing and commending CMSGT Donald Neal Paschal on the occasion of his retirement; and for other purposes. SR 1014. By Senators Johnson of the 1st and Thomas of the 2nd: A RESOLUTION recognizing and commending Mr. Donald E. Vickery; and for other purposes. SR 1015. By Senator Meyer von Bremen of the 12th: A RESOLUTION recognizing and honoring the life of Dr. Carl Gordon; and for other purposes. Senator Hawkins of the 49th asked unanimous consent that the following bill be withdrawn from the Senate Appropriations Committee and committed to the Senate Health and Human Services Committee: HB 279. By Representatives Collins of the 27th, Cooper of the 41st, Burkhalter of the 50th, Lunsford of the 110th, Ralston of the 7th 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, 880 JOURNAL OF THE SENATE so as to require certain procedures for determinations relating to eligibility for medical assistance through the Katie Beckett waiver program for children with Spina Bifida who have Myelomeningocele; to provide for related matters; to repeal conflicting laws; and for other purposes. The consent was granted, and HB 279 was committed to the Senate Health and Human Services Committee. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Friday, February 22, 2008 Twenty-second Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 1127 Carter of the 13th IRWIN COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3611), so as to provide for staggered elections for the chairperson and members of the board; to provide for the submission of this Act to the United States Attorney General; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1137 Goggans of the 7th WARE COUNTY A BILL to be entitled an Act to amend an Act creating a board of commissioners for Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4404), so as to change the boundaries of the commissioner districts; to provide for certain 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 for preclearance under Section 5 of the Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1182 FRIDAY, FEBRUARY 22, 2008 881 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, so as to provide for the election of a vice-chairperson and the powers, duties, and compensation of the chairperson of the board of commissioners; to create the office of county manager and provide for the qualifications, appointment, duties, powers, and other matters relevant to the office of county manager; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans E Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Heath Y Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D E Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams 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. 882 JOURNAL OF THE SENATE SENATE RULES CALENDAR FRIDAY, FEBRUARY 22, 2008 TWENTY-SECOND LEGISLATIVE DAY SB 363 Dentists/Dental Hygienists; provide advanced dental education programs; revisions (H&HS-49th) SB 371 Local School Districts; rail crossings without active warning devices used by school buses; reroute buses to minimize use of such crossings (Substitute)(TRANS-6th) SB 402 Georgia Coordinating Council for Rural and Human Services Transportation; establish; provide for membership, meetings, expenses (Substitute)(H&HS-19th) SB 406 Offenses; increase penalties for reproducing, transferring, selling, distributing certain recorded material; forfeiture of certain terms (Substitute)(JUDY-30th) SB 408 Local Government Franchising Authority; change certain provisions; telephone/telegraph companies (Substitute)(RI&Util-48th) SB 25 License Plates; driver's license; issuance; payment/disposition of fees; proof of citizenship (Substitute)(PUB SAF-17th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee Senator Chance of the 16th was excused for business outside the Senate Chamber. The following legislation was read the third time and put upon its passage: SB 363. By Senators Hawkins of the 49th, Goggans of the 7th, Thomas of the 54th, Moody of the 56th and Murphy of the 27th: A BILL to be entitled an Act to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to provide for advanced dental education programs; to revise definitions; to revise certain provisions relating to qualifications for a teachers or instructors license; to provide for related matters; to repeal conflicting laws; and for other purposes. FRIDAY, FEBRUARY 22, 2008 883 Senator Hawkins of the 49th offered the following amendment #1: Amend SB 363 by striking all matter on lines 13 through 18 of page 1 and inserting in place thereof the following: (1) 'Accredited dental college' and 'accredited dental school' or 'accredited school of dentistry' mean a dental school, college, or university with an education program accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency. By restoring the word "or" on line 7 of page 4. By striking all matter on lines 12 through 15 of page 4 and inserting in place thereof the following: (iii) Successful completion of at least two one-year advanced dental education programs in general dentistry at an accredited dental school or college approved by the board; or (iv) Successful completion of a one-year program in operative dentistry at a dental school or college approved by the board and a one-year advanced dental education program in general dentistry at an accredited dental school or college approved by the board; and On the adoption of the amendment, there were no objections, and the Hawkins amendment #1 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 Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans E Golden E Heath Y Henson Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D E Thomas,R Thompson,C Y Thompson,S Y Tolleson 884 JOURNAL OF THE SENATE E Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Unterman Y Weber Y Wiles Williams On the passage of the bill, the yeas were 46, nays 0. SB 363, having received the requisite constitutional majority, was passed as amended. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 989. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the "General The Calendar was resumed. SB 371. By Senators Stoner of the 6th, Mullis of the 53rd, Seay of the 34th, Pearson of the 51st and Hamrick of the 30th: A BILL to be entitled an Act to amend Code Section 32-6-200 of the Official Code of Georgia Annotated, relating to the installation of protective devices at railroad grade crossings, so as to provide for legislative findings; to define a certain term; to provide that local school districts shall provide the Department of Transportation with information regarding rail crossings without active warning devices that are used by school buses; to provide that local school districts shall use best efforts to reroute buses to minimize use of such crossings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Transportation Committee offered the following substitute to SB 371: A BILL TO BE ENTITLED AN ACT FRIDAY, FEBRUARY 22, 2008 885 To amend Code Section 32-6-200 of the Official Code of Georgia Annotated, relating to the installation of protective devices at railroad grade crossings, so as to provide for legislative findings; to define a certain term; to provide that local school districts shall provide the Department of Transportation with information regarding rail crossings without active warning devices that are used by school buses; to provide that local school districts shall use best efforts to reroute buses to minimize use of such crossings; 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. The General Assembly is interested in increasing safety at railroad crossings, especially crossings used by school buses, and therefore finds that certain legislation may enhance such safety. SECTION 2. Code Section 32-6-200 of the Official Code of Georgia Annotated, relating to the installation of protective devices at railroad grade crossings, is amended by inserting at the end thereof a new subsection to read as follows: "(d)(1) As used in this subsection only, the term 'active warning devices' means automated control gates, lights, and warning bells, used singly or in any combination. (2) Each local school district in this state shall survey its established school bus routes annually and submit to the Department of Transportation a list identifying each rail crossing that does not have active warning devices on an established bus route. Each local school district shall be required to submit this information to the department each year by no later than July 1. (3) Each local school district shall exercise best efforts to minimize the number of established school bus routes that cross rail crossings that do not have active warning devices. (4) The department shall use the information about school bus routes as an important factor in selecting rail crossings to upgrade with active warning devices." SECTION 3. This Act shall become effective on January 1, 2009. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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. 886 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans E Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Heath Y Henson Y Hill,Jack Y Hill,Judson E Hooks Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D E Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. SB 371, having received the requisite constitutional majority, was passed. Senator Davenport of the 44th introduced the doctor of the day, Dr. D. Ann Travis Honeycutt. The Calendar was resumed. SB 402. By Senators Williams of the 19th, Stoner of the 6th, Mullis of the 53rd, Pearson of the 51st and Seay of the 34th: A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to establish the Georgia Coordinating Council for Rural and Human Services Transportation to encourage efficient transportation service delivery in the rural areas of the state and to coordinate human service transportation services in both the rural and urban areas of the state; to provide for legislative findings; to provide for the membership, meetings, and expenses of such council; to provide for advisory committees; to provide for the duties of the council; to provide for an annual FRIDAY, FEBRUARY 22, 2008 887 report; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Health and Human Services Committee offered the following substitute to SB 402: A BILL TO BE ENTITLED AN ACT To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to establish the Georgia Coordinating Council for Rural and Human Services Transportation to encourage efficient transportation service delivery in the rural areas of the state and to coordinate human service transportation services in both the rural and urban areas of the state; to provide for legislative findings; to provide for the membership, meetings, and expenses of such council; to provide for advisory committees; to provide for the duties of the council; to provide for an annual report; 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. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by adding a new chapter to read as follows: "CHAPTER 12 32-12-1. The General Assembly finds that there exists a number of programs designed to provide rural and human services transportation, and that frequently these services are provided over large geographic areas and through various funding sources which are frequently targeted to narrowly defined client bases. The sheer number of such programs lends itself to a need for coordination among the programs so as to best assist economies in purchasing equipment and operating these many programs, to better serve the taxpayers of the state in ensuring the most cost-effective delivery of these services, and to best serve the clients utilizing the transportation services provided through these programs. 32-12-2. There is hereby created the Georgia Coordinating Council for Rural and Human Services Transportation. Such council shall be composed of the State School Superintendent and the commissioners of the Department of Transportation, Department of Human Resources, Department of Community Health, and Department of Labor, or their respective designees. The commissioner of transportation or his or 888 JOURNAL OF THE SENATE her designee shall serve as chairperson. Designees appointed pursuant to this Code section by the commissioner of an agency or the State School Superintendent shall at a minimum be at the level of division director. 32-12-3. The Georgia Coordinating Council for Rural and Human Services Transportation shall meet at the call of the chairperson at such times and locations as the chairperson shall determine. The council shall meet not less often than quarterly, and expenses for participation of its members in said meetings shall be borne by each participating agency. Administrative expenses, other than travel or per diem expenses of members, shall be borne by the Department of Transportation. 32-12-4. The Georgia Coordinating Council for Rural and Human Services Transportation may establish such advisory committees as it deems appropriate to fulfill its mission, which committees may consist of local government representatives; private and public sector transportation providers, both for profit and nonprofit in nature; public transit system representatives, both rural and urban; area planning and development commissions; and representatives of the clients served by the various programs administered by the agencies represented on the council. 32-12-5. The Georgia Coordinating Council for Rural and Human Services Transportation shall examine the manner in which transportation services are provided by the participating agencies represented on the council. Such examination shall include but not be limited to: (1) An analysis of all programs administered by participating agencies, including capital and operating costs, and overlapping or duplication of services among such programs, with emphasis on how to overcome such overlapping or duplication; (2) The means by which transportation services are coordinated among state, local, and federal funding source programs; (3) The means by which both capital and operating costs for transportation could be combined or shared among agencies, including at a minimum shared purchase of vehicles and maintenance of such vehicles; (4) An analysis of those areas which might appropriately be consolidated to lower the costs of program delivery without sacrificing program quality to clients, including shared use of vehicles for client trips regardless of the funding source which pays for their trips; (5) An analysis of state of the art efforts to coordinate rural and human services transportation elsewhere in the nation, including at a minimum route scheduling so as to avoid duplicative trips in a given locality; (6) A review of any limitations which may be imposed by various federally funded programs and how these limitations might be overcome through shared capital FRIDAY, FEBRUARY 22, 2008 889 purchases or operations; (7) An analysis of how agency programs interact with and impact upon state, local, or regional transportation services performed on behalf of the general public through state, local, or regional transit systems; and (8) An evaluation of potential cost sharing opportunities available for clients served by council agencies so as to maximize service delivery efficiencies and to obtain the maximum benefit on their behalf with the limited amount of funds available. 32-12-6. No later than December 31 of each year, the Georgia Coordinating Council for Rural and Human Services Transportation shall provide a report to the Governor and to the presiding officers of the General Assembly, with copies of said report being sent to the chairpersons of the transportation committees and the health and human services committees of each chamber of the General Assembly. The report shall address each of the specific duties enumerated in Code Section 32-12-5 and such other subject areas within its purview as the council shall deem appropriate. Each report shall focus on existing conditions in coordination of rural and human services transportation within the state and shall make specific recommendations for means to improve such current practices. Such recommendations shall address at a minimum both the cost implications and the impact on client service of each recommendation." 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, there were no objections, 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 Carter Y Chance E Heath Y Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner 890 JOURNAL OF THE SENATE Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans E Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Tarver Y Tate Y Thomas,D E Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 402, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: HB 989. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the "General Appropriations Act," approved May 30, 2007. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 989 by striking all matter beginning immediately after the enacting clause through the end of the document and inserting in place thereof the following: An Act making and providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the general appropriations Act, approved May 30, 2007, as House Bill 95, Act No. 377, Ga. Laws 2007, Volume One, Book Two Appendix, commencing at Page 1 of 277, is amended by striking everything following the enacting clause and substituting in lieu thereof the following: That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, as prescribed hereinafter for such fiscal year: Total Funds Federal Funds and Grants Temporary Assistance for Needy Families Block Grant $38,662,590,938 $10,642,609,260 $368,024,967 FRIDAY, FEBRUARY 22, 2008 Social Services Block Grant Child Care & 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 Prevention and Treatment of Substance Abuse Block Grant Federal Highway Administration Highway Planning & Construction State Children's Insurance Program Community Service Block Grant Low-Income Home Energy Assistance TANF Block Grant - Unobligated Balance CCDF Mandatory & Matching Funds Federal Funds Not Specifically Identified Other Funds Agency Funds Research Funds Records Center Storage Fee Indigent Care Trust Fund - Public Hospital Authorities Other Funds Not Specifically Identified State Funds Lottery Funds Tobacco Funds State Motor Fuel Brain and Spinal Injury Trust Fund State General Funds Intra-State Government Transfers Health Insurance Payments Retirement Payments Self Insurance Trust Fund Payments Medicaid Services Payments - Other Agencies Other Intra-State Government Payments Section 1: Georgia Senate Total Funds State Funds State General Funds 891 $55,015,615 $25,227,918 $60,158,862 $20,172,177 $5,672,706,133 $6,289,202 $13,123,714 $60,179,711 $1,310,432,809 $247,589,080 $17,193,252 $24,627,737 $153,271,633 $92,815,579 $2,515,780,871 $4,186,522,248 $2,033,622,629 $1,461,873,604 $435,771 $158,537,322 $532,052,922 $20,545,196,148 $841,554,506 $148,344,341 $987,910,062 $1,968,993 $18,565,418,246 $3,288,263,282 $2,709,509,743 $43,863,126 $134,200,548 $355,528,566 $45,161,299 $10,942,603 $10,942,603 $10,942,603 892 JOURNAL OF THE SENATE 1.1. Lieutenant Governor's Office Total Funds State Funds State General Funds $1,326,662 $1,326,662 $1,326,662 1.2. Secretary of the Senate's Office Total Funds State Funds State General Funds $1,307,366 $1,307,366 $1,307,366 1.3. Senate Total Funds State Funds State General Funds $7,260,970 $7,260,970 $7,260,970 1.4. Senate Budget and Evaluation Office Purpose: Provide budget development and evaluation expertise to the State Senate. Total Funds $1,047,605 State Funds $1,047,605 State General Funds $1,047,605 Section 2: Georgia House of Representatives Total Funds State Funds State General Funds $18,995,716 $18,995,716 $18,995,716 2.1. Georgia House of Representatives Total Funds State Funds State General Funds Section 3: Georgia General Assembly Joint Offices Total Funds State Funds State General Funds $18,995,716 $18,995,716 $18,995,716 $9,925,594 $9,925,594 $9,925,594 3.1. Ancillary Activities Purpose: Provide services for the legislative branch of government. FRIDAY, FEBRUARY 22, 2008 893 Total Funds State Funds State General Funds $4,234,402 $4,234,402 $4,234,402 3.2. Legislative Fiscal Office Purpose: Act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of legislative expenditures and commitments. Total Funds $2,687,623 State Funds $2,687,623 State General Funds $2,687,623 3.3. Office of Legislative Counsel Purpose: Provide bill-drafting services, advice and counsel for members of the General Assembly. Total Funds $3,003,569 State Funds $3,003,569 State General Funds $3,003,569 Section 4: Audits and Accounts, Department of Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $34,642,067 $0 $0 $34,642,067 $34,642,067 $0 4.1. Administration Purpose: To provide administrative support to all Department programs. Total Funds State Funds State General Funds $1,697,528 $1,697,528 $1,697,528 4.2. Audits and Assurance Services Purpose: Provide financial, performance, and information system audits and perform duties as specified in OCGA 50-6-10. Total Funds $30,554,156 Federal Funds and Grants $0 Other Funds $0 State Funds $30,554,156 894 JOURNAL OF THE SENATE State General Funds $30,554,156 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $30,554,156 $30,554,156 Reduce funds received for five positions due to the Governor's veto of HB91 (2007 Session). $0 $0 Amount appropriated in this Act $30,554,156 $30,554,156 4.3. Legislative Services Purpose: Provide information on retirement system services, promulgate statewide policies and procedures and provide fiscal note services. Total Funds $121,985 State Funds $121,985 State General Funds $121,985 4.4. Statewide Equalized Adjusted Property Tax Digest Purpose: 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 $2,268,398 State Funds $2,268,398 State General Funds $2,268,398 Section 5: Appeals, Court of Total Funds $14,366,369 Federal Funds and Grants $0 Other Funds $150,000 Other Funds Not Specifically Identified $150,000 State Funds $14,216,369 State General Funds $14,216,369 Intra-State Government Transfers $0 5.1. Court of Appeals Purpose: 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 $14,366,369 Federal Funds and Grants $0 FRIDAY, FEBRUARY 22, 2008 895 Other Funds $150,000 Other Funds Not Specifically Identified $150,000 State Funds $14,216,369 State General Funds $14,216,369 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $13,808,111 $13,958,111 Provide funds for increases in operating expenses. $73,242 $73,242 Increase real estate rental funds due to additional space acquired and an increase in square footage costs. $258,530 $258,530 Provide funds for travel reimbursements to justices in accordance with HB 120. $56,041 $56,041 Provide additional funds for an increase in subscriptions for Westlaw. $20,445 $20,445 Amount appropriated in this Act $14,216,369 $14,366,369 Section 6: Judicial Council Total Funds $19,048,050 Federal Funds and Grants $2,227,953 Foster Care Title IV-E $585,777 Federal Funds Not Specifically Identified $1,642,176 Other Funds $621,594 Agency Funds $621,594 State Funds $16,198,503 State General Funds $16,198,503 6.1. Appellate Resource Center Purpose: 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 6.2. Georgia Office of Dispute Resolution Purpose: The purpose is to oversee the development of court-connected alternative dispute resolution programs in Georgia. 896 JOURNAL OF THE SENATE Total Funds Other Funds Agency Funds State Funds State General Funds $330,322 $185,679 $185,679 $144,643 $144,643 6.3. Institute of Continuing Judicial Education Purpose: 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 $1,311,827 Other Funds $202,530 Agency Funds $202,530 State Funds $1,109,297 State General Funds $1,109,297 6.4. Judicial Council Purpose: The purpose of this appropriation is to assist judges, administrators, clerks of court and other officers and employees of the court pertaining to matters relating to court administration, provided that $2,150,000 is designated for Drug and DUI Courts. Total Funds $16,303,302 Federal Funds and Grants $2,227,953 Foster Care Title IV-E $585,777 Federal Funds Not Specifically Identified $1,642,176 Other Funds $233,385 Agency Funds $233,385 State Funds $13,841,964 State General Funds $13,841,964 6.5. Judicial Qualifications Commission Purpose: The purpose is to discipline, remove, and cause involuntary retirement of judges. Total Funds $302,599 State Funds $302,599 State General Funds $302,599 Section 7: Juvenile Courts Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds $7,151,007 $447,456 $447,456 $6,703,551 FRIDAY, FEBRUARY 22, 2008 897 State General Funds $6,703,551 7.1. Council of Juvenile Court Judges Purpose: 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 $2,148,581 Federal Funds and Grants $447,456 Federal Funds Not Specifically Identified $447,456 State Funds $1,701,125 State General Funds $1,701,125 7.2. Grants to Counties for Juvenile Court Judges Purpose: This program mandates payment of state funds to circuits to pay for juvenile court judges salaries. Total Funds $5,002,426 State Funds $5,002,426 State General Funds $5,002,426 Section 8: Prosecuting Attorneys Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $59,384,759 $0 $0 $57,617,713 $57,617,713 $1,767,046 $1,767,046 8.1. District Attorneys Purpose: 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 $53,071,249 Federal Funds and Grants $0 Other Funds $0 State Funds $51,304,203 State General Funds $51,304,203 Intra-State Government Transfers $1,767,046 Other Intra-State Government Payments $1,767,046 898 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 95) $51,194,203 $52,961,249 Provide additional funds to cover a shortfall in personal services. $110,000 $110,000 Amount appropriated in this Act $51,304,203 $53,071,249 8.2. Prosecuting Attorney's Council Purpose: This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors. Total Funds $6,313,510 Federal Funds and Grants $0 Other Funds $0 State Funds $6,313,510 State General Funds $6,313,510 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $6,207,472 $6,207,472 Provide six months funding for a clerk position on contract with the Department of Administrative Services. $17,038 $17,038 Provide funds to complete a contract initiated in FY 2007 for the judicial circuit integrated communications project. $89,000 $89,000 Amount appropriated in this Act $6,313,510 $6,313,510 Section 9: Superior Courts Total Funds $61,286,679 Federal Funds and Grants $0 Other Funds $0 State Funds $61,286,679 State General Funds $61,286,679 Intra-State Government Transfers $0 9.1. Council of Superior Court Clerks Purpose: Assist superior court clerks throughout the state in the execution of their duties, and FRIDAY, FEBRUARY 22, 2008 899 to promote and assist in their training of the superior court clerks. Total Funds State Funds State General Funds $258,000 $258,000 $258,000 9.2. Council of Superior Court Judges Purpose: 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 $1,079,165 State Funds $1,079,165 State General Funds $1,079,165 9.3. Judicial Administrative Districts Purpose: 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 $2,378,508 State Funds $2,378,508 State General Funds $2,378,508 9.4. Superior Court Judges Purpose: The purpose is to be Georgia's Superior Courts to be general jurisdiction trial court and exercise exclusive, constitutional authority over felony cases, divorce, equity and cases regarding title to land; provided that law clerks over the fifty provided by law are to be allocated back to the circuits by caseload ranks. Total Funds $57,571,006 Federal Funds and Grants $0 Other Funds $0 State Funds $57,571,006 State General Funds $57,571,006 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $57,130,015 $57,130,015 Provide funds for the employer contributions for the county courts (juvenile court judges, state court judges, and county solicitors $440,991 $440,991 900 JOURNAL OF THE SENATE general) retirement fund. Amount appropriated in this Act Section 10: Supreme Court Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $57,571,006 $57,571,006 $8,826,193 $0 $0 $8,826,193 $8,826,193 $0 10.1. Supreme Court of Georgia Purpose: The purpose is to be a court of review and exercise exclusive appellate jurisdiction in all cases involving the construction of a treaty or of the Constitution of the State of Georgia or of the United States and all cases in which the constitutionality of a law, ordinance, or constitutional provision has been drawn in question, and all cases of election contest. Total Funds $8,826,193 Federal Funds and Grants $0 Other Funds $0 State Funds $8,826,193 State General Funds $8,826,193 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $8,700,335 $8,700,335 Provide funds for annual leave payout for four retiring employees. $79,884 $79,884 Provide funds for travel reimbursement for justices in accordance with HB 120. $10,000 $10,000 Provide funds to cover an increase in GBA real estate rent. $11,349 $11,349 Provide funds for an increase in rent paid to the Georgia International Convention Center to administer the Georgia Bar exam. $12,000 $12,000 Provide additional funds for an increase in fees paid to bar exam monitors. $12,625 $12,625 Amount appropriated in this Act $8,826,193 $8,826,193 FRIDAY, FEBRUARY 22, 2008 901 Section 11: Accounting Office, State Total Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 11.1. State Accounting Office Purpose: Support statewide PeopleSoft financials and human capital management, provide the comprehensive annual financial report of Georgia, and create accounting procedures and policies for state agencies. Total Funds $16,464,688 State Funds $7,205,916 State General Funds $7,205,916 Intra-State Government Transfers $9,258,772 Other Intra-State Government Payments $9,258,772 Section 12: Administrative Services, Department of Total Funds Federal Funds and Grants Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Self Insurance Trust Fund Payments Other Intra-State Government Payments $166,554,280 $0 $13,207,168 $12,251,824 $955,344 $15,918,189 $15,918,189 $137,428,923 $134,200,548 $3,228,375 12.1. Administration Purpose: To provide administrative support to all department programs. Total Funds Federal Funds and Grants Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers $5,172,678 $0 $2,822,742 $2,822,742 $2,349,936 $2,349,936 $0 902 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 95) $2,349,936 $4,347,678 Provide funds for Personal Services to avoid layoffs or a reduction in force during the last quarter of the fiscal year. $0 $825,000 Amount appropriated in this Act $2,349,936 $5,172,678 12.2. Fiscal Services Purpose: Provide administrative functions and services necessary for the fulfillment of the responsibilities of the Superior Courts. Total Funds $325,184 Other Funds $325,184 Agency Funds $325,184 12.3. Fleet Management Purpose: In cooperation with the Office of Planning and Budget, 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 Funds $2,154,337 Other Funds $2,154,337 Agency Funds $1,198,993 Other Funds Not Specifically Identified $955,344 12.4. Mail and Courier Purpose: Provide convenient, efficient, and cost effective services through aggregation of demand for Capitol Hill and metro area mail and package delivery services. Total Funds $1,398,982 Other Funds $1,398,982 Agency Funds $1,398,982 12.5. Risk Management Purpose: Provide cost minimization and fair treatment of citizens through effective claims management. Total Funds $137,428,923 Intra-State Government Transfers $137,428,923 Self Insurance Trust Fund Payments $134,200,548 Other Intra-State Government Payments $3,228,375 FRIDAY, FEBRUARY 22, 2008 903 12.6. State Purchasing Purpose: Reduce cost through aggregation of purchasing demand for state and local governments and provide fair and equitable access through open, structured competitive procurement. Total Funds $7,622,622 Other Funds $286,093 Agency Funds $286,093 State Funds $7,336,529 State General Funds $7,336,529 12.7. Surplus Property Purpose: 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 $2,332,891 Other Funds $2,332,891 Agency Funds $2,332,891 12.8. U. S. Post Office Purpose: Provide convenient and cost-effective postal services to agencies and individuals. Total Funds $176,990 Other Funds $155,575 Agency Funds $155,575 State Funds $21,415 State General Funds $21,415 The following appropriations are for agencies attached for administrative purposes. 12.9. Agency for the Removal of Hazardous Materials Purpose: Establish and administer a program for the abatement and removal of asbestos and other hazardous materials from state premises. Total Funds $85,354 State Funds $85,354 State General Funds $85,354 12.10. Health Planning Review Board Purpose: Review decisions made by hearing officers. Total Funds State Funds State General Funds $60,473 $60,473 $60,473 904 JOURNAL OF THE SENATE 12.11. Office of State Administrative Hearings Purpose: Provide an impartial, independent forum for resolving disputes between the public and state agencies. Total Funds $4,351,397 Federal Funds and Grants $0 Other Funds $608,684 Agency Funds $608,684 State Funds $3,742,713 State General Funds $3,742,713 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $4,042,713 $4,651,397 Reduce personal services to reflect projected expenditures for FY 2008. ($300,000) ($300,000) Amount appropriated in this Act $3,742,713 $4,351,397 12.12. Office of Treasury and Fiscal Services Purpose: Receive and keep safely all monies which shall from time to time be paid to the treasury of this state, and pay all warrants legally drawn on the treasury. Total Funds $3,122,680 Other Funds $3,122,680 Agency Funds $3,122,680 12.13. Payments to Georgia Technology Authority Purpose: The purpose of this appropriation is to provide for consultant fees related to the Commission for a New Georgia initiatives. Total Funds $1,396,769 State Funds $1,396,769 State General Funds $1,396,769 12.14. Compensation Per General Assembly Resolutions Purpose: The purpose of this appropriation is to fund HR102 of the 2007 Session. Total Funds Federal Funds and Grants Other Funds State Funds $925,000 $0 $0 $925,000 FRIDAY, FEBRUARY 22, 2008 905 State General Funds Intra-State Government Transfers $925,000 $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $825,000 $825,000 Increase funds for an annuity for a wrongfully convicted inmate as required by HR 102 (2007 Session). $100,000 $100,000 Amount appropriated in this Act $925,000 $925,000 Section 13: Agriculture, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers $54,960,632 $6,849,321 $6,849,321 $1,884,689 $1,884,689 $46,226,622 $46,226,622 $0 13.1. Administration Purpose: Provide administrative support for all programs of the department. Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds $7,111,084 $69,500 $69,500 $258,721 $258,721 $6,782,863 $6,782,863 13.2. Athens-Tifton Veterinary Diagnostic Labs Purpose: Ensure the health of production, equine and companion animals and protect public health as it relates to animals within the State of Georgia. Total Funds $3,651,229 State Funds $3,651,229 State General Funds $3,651,229 906 JOURNAL OF THE SENATE 13.3. Consumer Protection Purpose: Ensure a safe food supply, guarantee a safe and healthy supply of agricultural products, provide for accurate commercial transactions, and protect animal health (production, equine and companion) for the citizens of Georgia. Total Funds $31,718,732 Federal Funds and Grants $6,749,221 Federal Funds Not Specifically Identified $6,749,221 Other Funds $935,000 Agency Funds $935,000 State Funds $24,034,511 State General Funds $24,034,511 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $24,000,511 $31,684,732 Provide vehicles for 46 consumer protection inspectors driving over 14,000 miles per year. $0 $0 Provide full funding for 4 homeland security and food defense positions added in HB 95. $34,000 $34,000 Amount appropriated in this Act $24,034,511 $31,718,732 13.4. Marketing and Promotion Purpose: Expand sales of Georgia's commodities from growers by promoting them domestically and internationally. Total Funds $8,991,043 Federal Funds and Grants $30,600 Federal Funds Not Specifically Identified $30,600 Other Funds $690,968 Agency Funds $690,968 State Funds $8,269,475 State General Funds $8,269,475 13.5. Poultry Veterinary Diagnostic Labs Purpose: Provide poultry disease diagnostic and monitoring services with emphasis on avian influenza. Total Funds $3,488,544 State Funds $3,488,544 State General Funds $3,488,544 FRIDAY, FEBRUARY 22, 2008 907 Section 14: Banking and Finance, Department of Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $12,399,667 $0 $0 $12,399,667 $12,399,667 $0 14.1. Administration Purpose: Provide administrative support to all department programs. Total Funds $2,049,824 Federal Funds and Grants $0 Other Funds $0 State Funds $2,049,824 State General Funds $2,049,824 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,876,614 $1,876,614 Transfer funds from the Chartering, Licensing, and Applications/Non-Mortgage Entities program to the Administration program to properly budget funds for projected expenses. $173,210 $173,210 Amount appropriated in this Act $2,049,824 $2,049,824 14.2. Chartering, Licensing and Applications/Non-mortgage Entities Purpose: 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 $538,657 Federal Funds and Grants $0 Other Funds $0 State Funds $538,657 State General Funds $538,657 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 908 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB 95) Transfer funds from the Chartering, Licensing, and Applications/Non-Mortgage Entities program to the Administration program ($173,210), Consumer Protection and Assistance program ($84,377), Financial Institution Supervision program ($422,254), and Mortgage Supervision program ($12,316) to properly budget funds for projected expenses. Transfer funds from the Chartering, Licensing, and Applications/Non-Mortgage Entities program to the Administration program ($173,210), Consumer Protection and Assistance program ($84,377), Financial Institution Supervision program ($422,254), and Mortgage Supervision program ($12,316) to properly budget funds for projected expenses. Amount appropriated in this Act State Funds $1,250,814 ($356,078) Total Funds $1,250,814 ($356,078) ($356,079) ($356,079) $538,657 $538,657 14.3. Consumer Protection and Assistance Purpose: Assist consumers with problems encountered when dealing with department regulated entities. Total Funds $649,219 Federal Funds and Grants $0 Other Funds $0 State Funds $649,219 State General Funds $649,219 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $564,842 $564,842 Transfer funds from the Chartering, Licensing, and Applications/Non-Mortgage Entities program to the Consumer Protection and Assistance program to properly budget funds for projected expenses. $84,377 $84,377 FRIDAY, FEBRUARY 22, 2008 909 Amount appropriated in this Act $649,219 $649,219 14.4. Financial Institution Supervision Purpose: 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 $7,357,591 Federal Funds and Grants $0 Other Funds $0 State Funds $7,357,591 State General Funds $7,357,591 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $6,734,312 $6,734,312 Transfer funds from the Chartering, Licensing, and Applications/Non-Mortgage Entities program to the Financial Institution Supervision program to properly budget funds for projected expenses. $442,254 $442,254 Restore operational funding for VOIP phone system for field offices. $181,025 $181,025 Amount appropriated in this Act $7,357,591 $7,357,591 14.5. Mortgage Supervision Purpose: Protect customers from unfair, deceptive, or fraudulent residential mortgage lending practices and enforce applicable laws and regulations. Total Funds $1,804,376 Federal Funds and Grants $0 Other Funds $0 State Funds $1,804,376 State General Funds $1,804,376 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,792,060 $1,792,060 910 JOURNAL OF THE SENATE Transfer funds from the Chartering, Licensing, and Applications/Non-Mortgage Entities program to the Mortgage Supervision program to properly budget funds for projected expenses. Amount appropriated in this Act $12,316 $12,316 $1,804,376 $1,804,376 Section 15: Community Affairs, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers $327,491,884 $130,537,107 $130,537,107 $15,622,464 $15,622,464 $181,332,313 $47,123,333 $134,208,980 $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. 15.1. Administration Purpose: The purpose is to provide administrative support for all programs of the department. Total Funds $5,544,154 Federal Funds and Grants $1,320,986 Federal Funds Not Specifically Identified $1,320,986 Other Funds $2,017,417 Other Funds Not Specifically Identified $2,017,417 State Funds $2,205,751 State General Funds $2,205,751 15.2. Building Construction Purpose: Establish minimum building construction standards for all new structures, FRIDAY, FEBRUARY 22, 2008 911 including mass-produced factory built (modular) buildings, built in the state. Total Funds Other Funds Other Funds Not Specifically Identified State Funds State General Funds $548,706 $238,704 $238,704 $310,002 $310,002 15.3. Coordinated Planning Purpose: 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 $5,284,729 Other Funds $50,918 Other Funds Not Specifically Identified $50,918 State Funds $5,233,811 State General Funds $5,233,811 15.4. Environmental Education and Assistance Purpose: Provide technical assistance, resource tools, and public education outreach resources. Total Funds $1,529,320 Other Funds $481,480 Other Funds Not Specifically Identified $481,480 State Funds $1,047,840 State General Funds $1,047,840 15.5. Federal Community & Economic Development Programs Purpose: Administer incentive programs and education programs as well as provide technical assistance in the area of economic development to local governments, development authorities, and private for-profit entities. Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds $38,374,883 $36,004,364 $36,004,364 $329,587 $329,587 $2,040,932 $2,040,932 912 JOURNAL OF THE SENATE 15.6. Homeownership programs Purpose: Expand the supply of standard affordable housing through rehabilitation and construction and provide homeownership opportunities for low and moderate income individuals. Total Funds $4,631,991 Other Funds $4,631,991 Other Funds Not Specifically Identified $4,631,991 15.7. Local Assistance Grants Purpose: Make grants or loans to eligible recipients or qualified local governments specified by recipient, amount, and purpose in an appropriation to the department. Total Funds $6,529,284 Federal Funds and Grants $0 Other Funds $0 State Funds $6,529,284 State General Funds $6,529,284 Intra-State Government Transfers $0 Specific Local Assistance Grants Appropriated: Grants to County Governments Grant to Appling County for: Hire an ISO consultant to assist nine volunteer fire departments. Grant to Appling County for: Assist with Senior Center/Head start infrastructure improvements Grant to Atkinson County for: Help fund the Atkinson County Emergency Services Improvement Project Grant to Bacon County for: Assist with the renovation of Senior Center Grant to Baldwin County for: Purchase camcorders and computers for the Baldwin County Domestic Violence Program. Grant to Baldwin County for: Assist with public safety enhancements for the Baldwin County Fire Department Grant to Baldwin County for: Replace obsolete self contained breathing apparatus at the Baldwin County Fire Department. Grant to Barrow County for: Assist with infrastructure improvements at Osborne Park in Winder Grant to Bartow County for: Assist with program development to public service program at Women's Resource Center Grant to Bartow County for: Support the Advocates for Bartows Children. $5,000 $4,000 $10,000 $4,000 $15,000 $25,000 $20,000 $20,000 $50,000 $25,000 FRIDAY, FEBRUARY 22, 2008 Grant to Ben Hill County for: Assist with technology and communication improvements at Senior Citizens Center Grant to Ben Hill County for: Assist with community and environmental development Grant to Ben Hill County for: Assist with environmental and community service improvements Grant to Bibb County for: Assist New Town Macon with infrastructure and accessibility improvements Grant to Bibb County for: Assist Bibb County with transportation improvements for the Mentor's Project Grant to Bleckley County for: Purchase two new computer work stations for the Bleckley County Health Department. Grant to Bleckley County for: Purchase 15 tasers and taser accessories for the Bleckley County Sheriff's Office. Grant to Brantley County for: Purchase fire radio systems for the EMS and Sheriff's Departments. Grant to Bryan County for: Assist with community service improvements at the Bryan County Conference and Aquatic Center Grant to Bulloch County for: Assist with infrastructure improvements for the Bulloch County EMS to ensure continuous emergency protection services Grant to Bulloch County for: Assist the Duck Conservation Society with wildlife preservation Grant to Bulloch County for: Construct a boat ramp at the Ogechee River. Grant to Burke County for: Assist with conservation improvements at the Di-Lane Wildlife Management Plantation Grant to Carroll County for: Purchase books for the Ferst Foundation for Childhood Literacy. Grant to Charlton County for: Purchase a vehicle for the Charlton County Volunteer Fire Department. Grant to Chatham County for: Restore and preserve the Houston Baptist Church through the North Port Wentworth Citizens Council Inc. Grant to Chatham County for: Fund a parents nurturing program for Lutheran Services of Georgia. Grant to Chattooga County for: Fund Subligna Community Center floors. Grant to Cherokee County for: Assist the Cherokee Day Training Center with infrastructure improvements Grant to Clay County for: Provide funding for a security monitoring system for the Clay County Courthouse and Courthouse Annex to 913 $10,000 $10,000 $10,000 $25,000 $15,000 $5,000 $14,000 $15,000 $30,000 $10,000 $10,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $5,000 $20,000 $10,000 914 JOURNAL OF THE SENATE meet state mandated courthouse security requirements Grant to Clayton County for: Assist Choice Matters, Inc. with a technology upgrade for public service center Grant to Clayton County for: Operate Youth Under Construction program for high school students. Grant to Clayton County for: Operate the Krystal Williams Foundation. Grant to Clayton County for: Fund the Family Connection Unlimited program for highway safety. Grant to Cobb County for: Purchase and maintain a 14 passenger wheelchair lift-equipped mini-bus for BlazeSports. Grant to Cobb County for: Assist the Vinings Historical Society with repairs and structure renovations Grant to Cobb County for: Assist Cobb County Community Service Board with public access improvements Grant to Coffee County for: Provide funds for construction and equipment for a new volunteer fire department Grant to Coffee County for: Purchase a transportation bus for 4-H club. Grant to Colquitt County for: Assist with public safety infrastructure improvements at the Bay Volunteer Fire Department Grant to Cook County for: Assist the Cook County Historical Society with the renovation of the old Adel Post Office Grant to Crawford County for: Purchase an emergency water system generator. Grant to Crawford County for: Purchase a fire command vehicle for the Crawford County Fire Department. Grant to Crisp County for: Assist with infrastructure improvements and operations of the Arts Alliance in Cordelle Grant to Crisp County for: Conduct a solid waste collection feasibility study. Grant to Dade County for: Operate Animal Shelter. Grant to Decatur County for: Establish a water source for Kendrick Volunteer Fire Department Grant to Dougherty County for: Assist Southeast Dougherty Park with lighting and infrastructure improvements. Grant to Dougherty County for: Fund the Peanut Institute. Grant to Douglas County for: Replace outdated and purchase additional Automatic External Defibrillators at the Douglas County Fire Department Grant to Douglas County for: Train resource officers on gang awareness at the Douglas County Sheriff's Office. $10,000 $8,200 $5,000 $8,675 $40,000 $5,000 $40,000 $10,000 $10,000 $4,000 $30,000 $15,000 $10,000 $5,000 $15,000 $10,000 $5,000 $10,000 $23,000 $8,500 $20,000 FRIDAY, FEBRUARY 22, 2008 Grant to Early County for: Provide funds to the Early County Health Department for the "Arrive Safe in Early" task force Grant to Early County for: Purchase equipment for the Early County Recreation Department. Grant to Echols County for: Purchase Jaws of Life rescue equipment for the Volunteer Fire Department Grant to Effingham County for: Operate the Ferst Foundation for Childhood Literacy Program. Grant to Effingham County for: Move a historical structure to historic district. Grant to Effingham County for: Assist Effingham County with waterfront environmental improvements Grant to Elbert County for: Assist Elbert County with renovations to the Veteran's Administration Office Grant to Evans County for: Promote enhancements for economic development activities. Grant to Forsyth County for: Assist with infrastructure improvements at the Sawnee Mountain Foundation Grant to Gilmer County for: Assist Gilmer County with public service improvements Grant to Glascock County for: Support the Glascock Actions Partner for a literacy program. Grant to Glynn County for: Purchase one wheelchair accessible van and one 15 passenger van for Gateway Behavioral Health Services. Grant to Gordon County for: Renovate the plaza/courthouse area. Grant to Grady County for: Provide funds ($1,000/each) to the 10 Volunteer Fire Departments in Grady County for equipment Grant to Greene County for: Assist the Green County Agriculture Center with infrastructure and handicap accessibility improvements Grant to Gwinnett County for: Landscape the Beaver Ruin Road median. Grant to Gwinnett County for: Assist with access and transportation improvements Grant to Gwinnett County for: Assist with employment of the handicap program Grant to Hall County for: Fund the Interactive Neighborhood for Kids. Grant to Hall County for: Renovate HVAC and repair ductwork for the East Hall and Murrayville Library Branches. Grant to Hall County for: Build a ballfield at the Hall County Recreation Department for the handicapped/disabled. Grant to Hall County for: Fund Industrial Park Development. 915 $5,000 $15,000 $10,000 $10,000 $15,000 $5,000 $3,500 $25,000 $10,000 $50,000 $10,000 $50,000 $40,000 $10,000 $20,000 $25,000 $20,000 $25,000 $10,000 $20,000 $30,000 $75,000 916 JOURNAL OF THE SENATE Grant to Hancock County for: Assist the Sparta-Hancock County Fire Department with communications improvements Grant to Hancock County for: Assist the Sparta-Hancock County Library with infrastructure improvements Grant to Harris County for: Fund planning and development for two new businesses. Grant to Harris County for: Assist Harris County with infrastructure and economic development improvements to the Ellerslie Historic Train Depot (community center) Grant to Hart County for: Build an animal shelter for animal control. Grant to Hart County for: Support the Hart County Library. Grant to Henry County for: Renovate the Veterans Wall of Honor McDonough. Grant to Henry County for: Purchase vehicle cameras and detection devices for police cars for the Henry County Police Department. Grant to Henry County for: Build restroom facilities at the Nash Battlefield Farm. Grant to Houston County for: Assist Kids Journey with educational materials Grant to Houston County for: Assist the Houston County Library with media/education materials Grant to Irwin County for: Purchase equipment for the Irwin County Sheriffs Office. Grant to Irwin County for: Assist the Irwin County Youth League with community improvements Grant to Jackson County for: Assist in the purchase of new personal protective gear for the South Jackson Volunteer Fire Department Grant to Jeff Davis County for: Assist with Heritage Center learning aids Grant to Jenkins County for: Assist the Jenkins County Extension office with infrastructure improvements Grant to Jones County for: Purchase Rescue Truck for Emergency Management Rescue Services. Grant to Lamar County for: Fund the start-up cost of Lamar County Elections Board. Grant to Lamar County for: Assist with the restoration of community center Grant to Laurens County for: Purchase Jaws of Life rescue equipment for the Cedar Grove Volunteer Fire Department Grant to Liberty County for: Assist with public safety improvements Grant to Lincoln County for: Implement a literacy program for the Lincoln County Family Connection. $7,000 $7,000 $40,000 $10,000 $20,000 $10,000 $25,000 $20,000 $10,000 $10,000 $5,000 $15,000 $10,000 $5,000 $4,000 $8,000 $20,000 $20,000 $10,000 $5,000 $20,000 $10,000 FRIDAY, FEBRUARY 22, 2008 Grant to Long County for: Purchase patrol vehicle for the Long County Sheriff's Office. Grant to Lumpkin County for: Assist Lumpkin County with an engineering study for water meters Grant to Madison County for: Fund site preparation for a silt fence and clearing and grading debris at the Madison County Ag. Ed. Center. Grant to Madison County for: Replace an ambulance. Grant to Madison County for: Assist Madison County with voter access improvements Grant to McDuffie County for: Support the Boys and Girls Club. Grant to Miller County for: Purchase fallout gear for the Miller County Fire Department. Grant to Mitchell County for: Provide funding to the seven Mitchell County Volunteer Fire Departments to purchase equipment Grant to Monroe County for: Engineer and construct a building at the Whistle Stop Cafe'. Grant to Muscogee County for: Operate the Two Thousand Opportunities, Inc. Grant to Muscogee County for: Fund an economic literacy program at the Girls Incorporated of Columbus. Grant to Paulding County for: Assist Paulding County with children's public safety Grant to Paulding County for: Improve the Ridge Road Community Park. Grant to Peach County for: Purchase two warning sirens. Grant to Pickens County for: Assist Pickens County with technology improvements Grant to Pickens County for: Purchase an Urban Response Type-6 fire engine. Grant to Pierce County for: Purchase equipment for the Pierce County Recreation Department. Grant to Rabun County for: Promote academic strength and success through the Rabun Youth Inc. Grant to Randolph County for: Assist Randolph County with technology and communications improvements Grant to Richmond County for: Install an elevator in the Supreme Court Justice Joseph Lamar boyhood home. Grant to Richmond County for: Provide a grant for operations at the Lucy Craft Laney Museum of Black History. Grant to Richmond County for: Provide leadership training on the alternative school campus by Augusta State University. 917 $15,000 $10,000 $40,000 $40,000 $5,000 $7,000 $10,000 $10,000 $20,000 $5,000 $5,000 $3,000 $20,000 $20,000 $15,000 $40,000 $15,000 $5,000 $10,000 $20,000 $20,000 $20,000 918 JOURNAL OF THE SENATE Grant to Richmond County for: Assist with community development and park improvement Grant to Richmond County for: Fund an after school education and recreation program at MACH Academy Grant to Rockdale County for: Assist the Conyers-Rockdale Library System with transportation improvements Grant to Screven County for: Assist the Screven County Chamber of Commerce with a museum renovation Grant to Stephens County for: Provide funding for the Stephens County Recovery Academy. Grant to Sumter County for: Assist with airport facility repairs Grant to Tattnall County for: Provide funds for additions to a jail. Grant to Thomas County for: Purchase equipment and furnishings for a new building at the Thomas County Boys and Girls Club. Grant to Thomas County for: Provide funds ($1,153/each) to the 13 Volunteer Fire Departments in Thomas County for equipment Grant to Tift County for: Assist the Tift County Sheriff's Office with communications and technology improvements Grant to Toombs County for: Refurbish training center and purchase equipment for the Toombs County Rural Fire Department Grant to Treutlen County for: Fund grant writing to the Heart of Georgia Altamaha Regional Development Center. Grant to Turner County for: Assist with emergency services improvements Grant to Walker County for: Fund transportation planning. Grant to Ware County for: Purchase Type 5 Fire Engine Truck Grant to Warren County for: Purchase a transport vehicle for coroner. Grant to Warren County for: Purchase a storage cooler for coroner. Grant to Wayne County for: Assist Webster County Volunteer Fire Departments with public safety and transportation improvements Grant to Webster County for: Assist Webster County with public safety and transportation improvements Grant to Whitfield County for: Hire a consultant to develop a master plan for the development of heritage interpretation of Prater's Mill. Grants to Municipal Governments Grant to City of Abbeville for: Purchase two (2) Automatic External Defibrillators for police cars Grant to City of Acworth for: Construct special needs baseball field. Grant to City of Alamo for: Assist the Alamo Police Department with public safety improvements Grant to City of Alamo for: Purchase Body Armor for the Alamo $7,500 $10,000 $20,000 $12,000 $5,000 $18,000 $25,000 $20,000 $15,000 $12,000 $30,000 $20,000 $12,000 $22,500 $40,000 $5,000 $3,000 $5,000 $10,000 $25,000 $2,000 $95,000 $3,000 $1,800 FRIDAY, FEBRUARY 22, 2008 Police Department Grant to City of Alapaha for: Repair the city hall roof. Grant to City of Alma for: Assist with accessibility improvements to the Veteran's Memorial and additional park infrastructure improvements Grant to City of Americus for: Clean up from tornado damage. Grant to City of Augusta for: Assist the American Red Cross in providing food, clothing, shelter, and lost medication to families affected by single family fires. Grant to City of Bainbridge for: Provide a security system and landscaping for the "Firehouse Gallery" and make entrance handicap accessible Grant to City of Ball Ground for: Assist the City of Ball Ground with improvements to domestic water service delivery Grant to City of Ball Ground for: Assist the City of Ball Ground with infrastructure improvements Grant to City of Baxley for: Assist with a Boys and Girls Club renovation Grant to City of Blakely for: Assist Early County with regional museum renovations and historical improvements Grant to City of Bloomingdale for: Assist the City of Bloomingdale with community development Grant to City of Bloomingdale for: Construct a covered shed for a community building. Grant to City of Boston for: Improve streetscape and gateway on HWY 84. Grant to City of Buford for: Assist with accessibility improvements Grant to City of Camilla for: Assist with community development Grant to City of Carrollton for: Build a wheelchair accessible playground for the Carrollton City Lion's Club. Grant to City of Carrollton for: Assist the City of Carrollton with infrastructure improvements Grant to City of Carrollton for: Assist with the renovation of the 415 Hope Center Men's Shelter Grant to City of Centerville for: Purchase a thermal imaging camera. Grant to City of Chauncey for: Assist the City of Chauncey with public service infrastructure improvements Grant to City of Chester for: Assist the City of Chester with community center improvements Grant to City of Clarkston for: Replace sanitation vehicle and hopper assembly. 919 $13,000 $4,000 $40,000 $10,000 $17,500 $17,500 $17,500 $15,000 $5,000 $15,000 $35,000 $15,000 $30,000 $10,000 $20,000 $18,000 $8,000 $10,000 $7,000 $3,000 $40,000 920 JOURNAL OF THE SENATE Grant to City of Cochran for: Purchase an ATV police vehicle with trailer. Grant to City of Cohutta for: Assist the City of Cohutta with public safety equipment Grant to City of Columbus for: Operate a student athlete program at the Sports Counseling and Educational Services, Inc. Grant to City of Columbus for: Fund an income tax credit initiative at the United Way of the Chattahoochee Valley. Grant to City of Columbus for: Fund an after school reading tutorial program at the Building Toward Wellness Inc. Grant to City of Columbus for: Fund a charity project at the Controller's Civic and Social Club. Grant to City of Columbus for: Fund Project Rebound Inc. for an after school enrichment program for foster children. Grant to City of Columbus for: Fund Columbus South, Inc. for revitalization efforts. Grant to City of Columbus for: Assist the United Way of the Chattahoochee with infrastructure improvements to help reduce regional poverty Grant to City of Commerce for: Assist in purchasing an I.S.G. Elite Thermal Imaging Camera for the Commerce Fire Department Grant to City of Conyers for: Fund park improvements. Grant to City of Cordele for: Purchase an eight foot high perimeter security fence for the Cordele Fire Department Training Area. Grant to City of Culloden for: Inspect, clean, and paint elevated city water tank. Grant to City of Cuthbert for: Assist the City of Cuthbert with technology improvements Grant to City of Dahlonega for: Assist with infrastructure improvements and historic preservation adjacent to the Gold Museum Grant to City of Dallas for: Assist with technology improvements Grant to City of Dalton for: Assist the Creative Arts Guild with environmental improvements Grant to City of Darien for: Assist with the completion of a Regional Arts Center Grant to City of Dawsonville for: Fund the Georgia Racing Hall of Fame. Grant to City of Decatur for: Assist with environmental improvements and community development Grant to City of Demorest for: Assist with a comprehensive study of a downtown renovation project Grant to City of Demorest for: Improve municipal park at Piedmont $10,000 $17,000 $20,000 $10,000 $10,000 $5,000 $5,000 $5,000 $20,000 $10,000 $25,000 $22,900 $15,000 $3,000 $10,000 $2,000 $15,000 $30,000 $30,000 $10,000 $25,000 $5,000 FRIDAY, FEBRUARY 22, 2008 College. Grant to City of Dexter for: Assist with infrastructure improvements for public service program Grant to City of Donalsonville for: Replace the radio system at the Donalsonville Fire Department Grant to City of Doraville for: Assist with the purchase of ten (10) containers ("totes") of fire foam for the DeKalb County Fire Department Grant to City of Douglas for: Improve the Historic Ashley Slater House and Douglas Regional Welcome Center. Grant to City of Douglasville for: Assist with technology and public safety improvements Grant to City of Duluth for: Assist the City of Duluth with a regional "Living Memorial" honoring all veterans and public safety personnel Grant to City of East Point for: Provide funds for a senior citizen home rehabilitation program. Grant to City of Eatonton for: Assist the City of Eatonton with community center improvements - historic log cabin structure Grant to City of Elberton for: Assist the City of Elberton with water system improvements Grant to City of Eton for: Assist the City of Eton with community development Grant to City of Fairburn for: Provide scholarships to the Cochran Mill Nature Center. Grant to City of Fitzgerald for: Construct an additional building for the Fitzgerald Fire Department. Grant to City of Flowery Branch for: Assist in establishing a geographic information system mapping of sewer and stormwater facilities Grant to City of Fort Oglethorpe for: Assist the City of Oglethorpe with tourism and economic development improvements Grant to City of Funston for: Assist with community development Grant to City of Gainesville for: Assist the Centennial Arts Academy with technology improvements Grant to City of Garden City for: Assist the Rossignoll Hill community with park improvements Grant to City of Glennville for: Purchase a John Deere 1200A for the Glennville Recreation Department. Grant to City of Glennville for: Assist in the development of a low income residential center Grant to City of Good Hope for: Assist the City of Good Hope with community development 921 $15,000 $10,000 $8,000 $12,000 $8,500 $20,000 $20,000 $35,000 $40,000 $15,000 $30,000 $15,000 $20,000 $15,000 $4,000 $25,000 $3,000 $10,000 $45,000 $5,000 922 JOURNAL OF THE SENATE Grant to City of Graham for: Purchase fire lighting equipment for the Graham Fire Department. Grant to City of Greenville for: Purchase a portable building for senior citizens. Grant to City of Hamilton for: Assist with infrastructure improvements Grant to City of Hampton for: Purchase digital video camera equipment for the Hampton Police Department. Grant to City of Harlem for: Assist with infrastructure improvements for public and community service program Grant to City of Harlem for: Expand a city park. Grant to City of Hazlehurst for: Assist with health and community services Grant to City of Hinesville for: Provide a Veterans Center Planning Grant for the planning of facility construction of a clinic. Grant to City of Hoboken for: Assist with emergency infrastructure improvements Grant to City of Holly Springs for: Assist the City of Holly Springs with emergency operations equipment Grant to City of Homeland for: Assist the City of Homeland with public safety improvements Grant to City of Ivey for: Assist in the upgrade of city water lines Grant to City of Jesup for: Assist with technology improvements Grant to City of Johns Creek for: Assist the Autrey Mill Nature Center with environmental renovations and improvements Grant to City of Kennesaw for: Assist with regional park improvements Grant to City of Kingsland for: Assist with economic development and tourism activities Grant to City of Kingsland for: Assist with infrastructure improvements for the Kingsland Boxing Club youth program Grant to City of Kite for: Assist with community development Grant to City of LaFayette for: Assist the Chattooga Academy with infrastructure renovations and repairs Grant to City of LaGrange for: Assist the City of LaGrange with community development Grant to City of LaGrange for: Assist with environmental improvements at Granger Park Lake Grant to City of Lakeland for: Assist the W.L Miller Library with technology improvements Grant to City of Lawrenceville for: Assist the City of Lawrenceville $5,000 $4,695 $50,000 $25,000 $7,500 $12,000 $5,000 $10,000 $5,000 $20,000 $10,000 $22,000 $5,000 $50,000 $10,000 $1,200 $15,000 $4,000 $15,000 $20,000 $15,000 $12,000 $50,000 FRIDAY, FEBRUARY 22, 2008 with traffic and community development improvements Grant to City of Leesburg for: Assist the Lee County Library with technology improvements Grant to City of Lilburn for: Assist the City of Lilburn Police Department with new communications system Grant to City of Lincolnton for: Assist the City of Lincolnton with community center infrastructure improvements Grant to City of Lithonia for: Fund emergency crisis and relocation assistance. Grant to City of Ludowici for: Purchase four computers for the Ludowici Police Department. Grant to City of Lyerly for: Assist the City of Lyerly with public safety improvements Grant to City of Lyons for: Upgrade parks maintained by the Recreational Department. Grant to City of Lyons for: Establish the Altamaha Heritage Center Museum. Grant to City of Macon for: Support youth programs at the Booker T. Washington Center. Grant to City of Macon for: Revitalize of the Bartlett Crossing Neighborhood. Grant to City of Macon for: Renovate and repair to the Historic Charles Douglas Home. Grant to City of Manchester for: Fund a partial conversion of Historic Manchester Mill Building. Grant to City of Marietta for: Repair and upgrade the Marietta Historic Confederate Cemetery Grant to City of Meigs for: Replace roof and make repairs to the city hall. Grant to City of Metter for: Assist with infrastructure improvements to preserve historical integrity Grant to City of Metter for: Remove existing asphalt and repave the Industrial Park Pond Trail. Grant to City of Midway for: Complete the original design of the Cay Creek Interruptive Center. Grant to City of Milner for: Purchase equipment for the Milner Police Department. Grant to City of Milton for: Purchase eighteen (18) Automated External Defibrillator Units Grant to City of Milton for: Plan safety improvements for the Crabapple State Road intersection Grant to City of Mitchell for: Revitilize the downtown area. 923 $10,000 $20,000 $10,000 $27,000 $10,000 $5,000 $20,000 $10,000 $10,000 $15,000 $50,000 $35,000 $75,000 $20,000 $12,000 $25,000 $30,000 $18,890 $45,000 $15,000 $7,000 924 JOURNAL OF THE SENATE Grant to City of Monticello for: Assist City of Monticello with handicap accessibility improvements Grant to City of Moreland for: Assist the Town of Moreland with infrastructure improvements to the historic Moreland Mill / City Hall Grant to City of Nashville for: Assist the City of Nashville with public safety transportation improvements Grant to City of Newnan for: Assist with community services Grant to City of Nicholls for: Purchase recreation equipment Grant to City of Norcross for: Assist the Gwinnett Village Quality of Life Division Office with infrastructure improvements Grant to City of Oakwood for: Expand and upgrade outdoor recreation facilities. Grant to City of Offerman for: Build a bathroom for the city park. Grant to City of Pelham for: Assist with technology improvements Grant to City of Pelham for: Assist with infrastructure improvements and renovations Grant to City of Pembroke for: Assist with infrastructure improvements for the Fatal Vision Program Grant to City of Perry for: Assist the City of Perry with public service improvements Grant to City of Perry for: Assist the City of Perry with public service improvements Grant to City of Perry for: Assist with communications enhancements for City of Perry law enforcement Grant to City of Pine Lake for: Purchase a tractor and additional equipment to work on wet lands. Grant to City of Pineview for: Purchase police cars. Grant to City of Porterdale for: Restore Porter Memorial Gym. Grant to City of Poulan for: Assist with community development Grant to City of Pulaski for: Fund 200 year celebration. Grant to City of Ranger for: Assist with the cost of a town master plan Grant to City of Reidsville for: Purchase a truck, truck bay, office, and enlarge a meeting room. Grant to City of Reidsville for: Purchase equipment for the Reidsville Fire Departmentl. Grant to City of Reidsville for: Complete improvement projects at the Reidsville Municipal Airport. Grant to City of Rhine for: Repair leaks in the water system. Grant to City of Rhine for: Repair old school building. Grant to City of Rhine for: Repair Rhine Community House. Grant to City of Rhine for: Repair used ford tractor backhoe. $25,000 $10,000 $15,000 $30,000 $5,000 $5,000 $8,000 $5,000 $10,000 $10,000 $10,000 $5,000 $10,000 $20,000 $19,000 $15,000 $20,000 $5,000 $10,000 $15,000 $15,000 $10,000 $25,000 $5,000 $5,000 $4,000 $5,000 FRIDAY, FEBRUARY 22, 2008 Grant to City of Richland for: Clean-up from tornado damage. Grant to City of Ringgold for: Fund the General Clayborne Statue and Roadside Park Grant to City of Ringgold for: Fund for tourism and a railroad platform. Grant to City of Rochelle for: Assist the City of Rochelle with water system infrastructure improvements Grant to City of Rome for: Assist the City of Rome with riverfront and river access Grant to City of Rome for: Support the Family Resource Center. Grant to City of Roswell for: Assist in the implementation of energy efficiency renovations Grant to City of Roswell for: Assist in the operational development of public service center Grant to City of Roswell for: Assist with infrastructure repairs to public service program Grant to City of Roswell for: Construct a new section of the Roswell Riverwalk. Grant to City of Sandy Springs for: Purchase equipment for the Recreation and Parks Department. Grant to City of Sandy Springs for: Purchase turn-out gear and a quick response vehicle for the Sandy Springs Fire Department. Grant to City of Savannah for: Assist with community service improvements Grant to City of Screven for: Assist with emergency (tornado damage) repairs Grant to City of Senoia for: Assist the City of Senoia with infrastructure improvements Grant to City of Shellman for: Purchase an AED defibulator. Grant to City of Sky Valley for: Construct a meeting room for government meetings. Grant to City of Smithville for: Assist the Smithville Police Department with technology and communications improvements Grant to City of Smyrna for: Assist with infrastructure restorations and renovations Grant to City of Snellville for: Assist in funding two mobile speed detection message signs ($12,500); a Grapple Bucket Tractor for the recycling center ($20,000); a Park Bunker Rake ($5,000); and police car laptops ($12,500) Grant to City of Social Circle for: Assist the City of Social Circle with community development Grant to City of Soperton for: Assist the City of Soperton with 925 $25,000 $10,000 $10,000 $7,000 $20,000 $25,000 $25,000 $25,000 $25,000 $50,000 $25,000 $25,000 $15,000 $5,000 $9,000 $3,000 $20,000 $5,000 $25,000 $20,000 $25,000 $7,500 926 JOURNAL OF THE SENATE community development Grant to City of Soperton for: Fund repairs and purchase equipment at the city recreation park. Grant to City of Sparta for: Assist with an upgrade of the City of Sparta Police Department communication system Grant to City of Stone Mountain for: Assist with infrastructure improvements and repairs at the City of Stone Mountain City Hall Grant to City of Summerville for: Renovate courthouse. Grant to City of Surrency for: Assist with emergency services improvements Grant to City of Swainsboro for: Assist with community development and environmental improvements Grant to City of Swainsboro for: Assist with handicap accessibility at the City of Swainsboro City Hall Grant to City of Swainsboro for: Purchase computer equipment, telephone system, and furnishings at the Swainsboro Police Department. Grant to City of Sycamore for: Assist with public safety equipment Grant to City of Sylvester for: Purchase turnout gear for eleven (11) firefighters Grant to City of Sylvester for: Purchase computers for city hall. Grant to City of Tallapoosa for: Construct an addition to the West Georgia Museum of Tallapoosa. Grant to City of Tallapoosa for: Assist with the renovation of the Old City High School into a Civic Center for community development Grant to City of Thomson for: Support the Thomas/McDuffie County Library. Grant to City of Thunderbolt for: Fund improvements for water system due to damages caused by salt intrusion. Grant to City of Trenton for: Enhance transportation planning. Grant to City of TyTy for: Assist with recreational improvements Grant to City of Vidalia for: Develop a pistol range for law enforcement. Grant to City of Vienna for: Purchase rescue equipment, jacks and special equipment used in wrecks along I-75 Grant to City of Warner Robins for: Assist with community service and transportation improvements Grant to City of Warner Robins for: Assist the Cherished Children Child Care Center with community service and transportation improvements Grant to City of Warwick for: Assist the City of Warwick with $15,000 $7,000 $18,000 $10,000 $5,000 $12,000 $12,000 $25,000 $7,000 $10,000 $4,500 $20,000 $40,000 $12,000 $20,000 $22,500 $10,000 $25,000 $10,000 $15,000 $15,000 $24,000 FRIDAY, FEBRUARY 22, 2008 emergency services enhancements Grant to City of Washington for: Support overnight facilities for tourism and economic development. Grant to City of Washington for: Assist the Pope Center in the City of Washington with technology upgrades Grant to City of Waycross for: Assist the City of Waycross with community development improvements Grant to City of Wrightsville for: Purchase fire department equipment. Grants to Other Governmental Entities Grant to Appling County Board of Education for: Assist with community services Grant to Atlanta Development Authority for: Fund the New Beginnings Job Training Program. Grant to Atlanta Development Authority for: Fund the David T. Howard National Alumni Association Inc. to implement an abuse project in the Old Fourth Ward for youth and adults focusing on parents. Grant to Atlanta Development Authority for: Support the National Black Arts Festival. Grant to Atlanta Development Authority for: Assist the Friends of Peoplestown Parks with community development Grant to Atlanta Development Authority for: Fund the Historic District Development Corporation to expand participation of needy families in the IDA program of the United Way. Grant to Bleckley County Board of Education for: Pave a road for "car riders" students dropped off at school. Grant to Bulloch County Board of Education for: Redesign and renovate an existing building at Southeast Bulloch Middle School. Grant to Carroll County Board of Education for: Assist with infrastructure renovations at Glanton Hindeman Elementary School Grant to Central Savannah River Area Regional Development Center for: Assist Walton Options for Independent Living, Inc. with handicap accessiblity. Grant to Chehaw Park Authority for: Plan an amphitheater. Grant to City of Valdosta Board of Education for: Provide funds for the SMILE mentoring program to match private funds. Grant to Clarke County Board of Education for: Assist with infrastructure improvements at the Athens Tutorial Program Grant to Clayton County Board of Education for: Create a community learning center. Grant to Clayton County Board of Education for: Fund and purchase 927 $20,000 $35,000 $10,000 $10,000 $4,000 $10,000 $25,000 $75,000 $6,000 $25,000 $7,000 $15,000 $20,000 $10,000 $25,000 $5,000 $7,500 $2,000 $9,550 928 JOURNAL OF THE SENATE equipment for a data room and resource center. Grant to Clayton County Board of Education for: Implement a reading first model in the 4th and 5th grades for West Clayton Elementary School. Grant to Cobb County Board of Education for: Assist the Hillgrove High School athletic program Grant to Cobb County Board of Education for: Assist with infrastructure improvements at Pope High School Grant to Cobb County Board of Education for: Provide funds to Harrison High School to establish a wireless infrastructure Grant to Cobb County Board of Education for: Provide funds to West Cobb School PTAs for technology infrastructure grants Grant to Cobb County Board of Education for: Upgrade a sound/video upgrading theater system in Walton High School. Grant to Cobb County Board of Education for: Purchase a sound system, sport court defense system, and four laptops for the Murdock Elementary School. Grant to Cobb County Board of Education for: Provide funds for classroom technology at Campbell High School Grant to Cobb County Board of Education for: Renovate roof and sealant for an outdoor classroom at Blackwell Elementary School Grant to Cobb County Board of Education for: Assist with renovations and infrastructure improvements at Sprayberry High School Grant to Cobb County Board of Education for: Provide funds for classroom technology at Campbell Middle School Grant to Colquitt County Board of Education for: Assist with outdoor shelter improvements at Hamilton Elementary School Grant to Columbia County Board of Education for: Assist with equipment for handicapped children at Blue Ridge Elementary School Grant to DeKalb County Board of Education for: Assist with technology improvements at Briarlake Elementary School Grant to DeKalb County Board of Education for: Purchase computers and equipment to media educational programs at the Midvale Elementary School. Grant to DeKalb County Board of Education for: Purchase computers and supplies for Lakeside High School. Grant to DeKalb County Board of Education for: Send the Stephenson High School marching band to Washington DC for the 2007 National Memorial Day Parade. Grant to DeKalb County Board of Education for: Assist with the purchase of new media materials and educational tools Grant to DeKalb County Board of Education for: Purchase computers $5,000 $20,000 $20,000 $20,000 $20,000 $11,274 $32,600 $5,500 $5,000 $40,000 $5,500 $2,000 $15,000 $10,000 $15,000 $30,000 $5,000 $17,000 $30,000 FRIDAY, FEBRUARY 22, 2008 for Chamblee High School. Grant to DeKalb County Board of Education for: Repair the roof of the greenhouse through the Dekalb County Extension Service. Grant to DeKalb County Hospital Authority for: Construct a storage and supplies building at the Mountain View Nursing Home. Grant to Development Authority of DeKalb County for: Operate a recylced equipment program through the Friends of Disabled Adults and Children to operate a recycled equipment program. Grant to Development Authority of DeKalb County for: Fund a zoning evaluation for the Downtwon Tucker Core area through the Main Street Tucker Alliance. Grant to Douglas County Board of Education for: Assist with environmental education opportunities at Winston Elementary School Grant to Douglas County Board of Education for: Assist with infrastructure improvements at Arbor Station Elementary School Grant to Floyd County Board of Education for: Assist with infrastructure improvements at Model High School Grant to Franklin County Board of Education for: Purchase equipment for the Technology Education Lab at the Franklin County Middle and High Schools. Grant to Fulton County Board of Education for: Fund the Arts Now Level 1 to train 10 interested school teams assist students in meeting or exceeding Georgia Performance Standards. Grant to Gwinnett County Board of Education for: Support reading mentoring programs offered by Everybody Winds Atlanta. Grant to Gwinnett County Board of Education for: Fund the Arts Now Level 1 to train 10 interested school teams assist students in meeting or exceeding Georgia Performance Standards. Grant to Gwinnett County Board of Education for: Assist with community service and education enhancements at the Gwinnett Village Community Alliance Grant to Gwinnett County Board of Education for: Assist with infrastructure improvements at Norcross High School Grant to Gwinnett County Board of Education for: Assist with infrastructure improvements at Peachtree Ridge High School Grant to Gwinnett County Board of Education for: Assist with infrastructure improvements at Collins Hill High School Grant to Gwinnett County Board of Education for: Assist with community service and education enhancements at Grayson High School Grant to Hall County Board of Education for: Assist in the development of an English Language Literacy Lab 929 $10,000 $8,000 $15,000 $10,000 $10,000 $10,000 $15,000 $20,000 $25,000 $30,000 $30,000 $20,000 $20,000 $20,000 $35,000 $30,000 $30,000 930 JOURNAL OF THE SENATE Grant to Haralson County Board of Education for: Construct a shotgun shooting facility for the West Georgia Youth Range Association. Grant to Irwin County Board of Education for: Assist with environmental improvements at Irwin County High School Grant to Jones County Board of Education for: Provide a start-up grant for a Technology Center at the Ninth Grade Academy Grant to Lowndes County Board of Education for: Implement a Parent Education Workshop in all elementary schools. Grant to Muscogee County Board of Education for: Fund the Marshall Middle School Year Round Program. Grant to Northeast Georgia Regional Development Center for: Assist the Arts Development Council with infrastructure and operational improvements Grant to Northwest Georgia Trade and Convention Center Authority for: Assist with accessibility and informational improvements at the Georgia Athletic Coaches Association Grant to Paulding County Board of Education for: Assist with security enhancements to ensure safe schools Grant to Paulding County Board of Education for: Purchase a field house/locker room for East Paulding High School. Grant to Richmond County Board of Education for: Assist with technology upgrades at Goshen Elementary School Grant to Rockdale County Board of Education for: Assist Lithonia Middle School in meeting media material requirements Grant to Seminole County Board of Education for: Purchase a boiler for Seminole High School. Grant to Stephens County Board of Education for: Assist the special education program at Eastanollee Elementary School Grant to Stephens County Board of Education for: Assist the special education program at Stephens County Middle School Grant to The Housing Authority of the City of Atlanta, Georgia for: Provide comprehensive Quality Living Services to senior citizens. Grant to The Housing Authority of the City of Atlanta, Georgia for: Expand educational programs statewide through the National Black Arts Festival. Grant to The Housing Authority of the City of Atlanta, Georgia for: Assist with infrastructure repairs to the Project Interconnections public service center Grant to The Housing Authority of the City of Atlanta, Georgia for: Assist with operational services Grant to Union County Board of Education for: Create a drug $20,000 $5,000 $7,000 $10,000 $10,000 $5,000 $25,000 $16,000 $10,000 $10,000 $5,000 $15,000 $5,000 $15,000 $10,000 $15,000 $15,000 $50,000 $50,000 FRIDAY, FEBRUARY 22, 2008 931 prevention program. Grant to Walton County Board of Education for: Assist with a health education facility at Loganville High School $15,000 15.8. Regional Services Purpose: Assist in the marketing, development, and implementation of housing and community and economic development projects and services. Total Funds $2,304,905 State Funds $2,304,905 State General Funds $2,304,905 15.9. Rental Housing Programs Purpose: Provide affordable rental housing to very low and low to 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 Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds $101,448,277 $93,198,170 $93,198,170 $4,962,278 $4,962,278 $3,287,829 $3,287,829 15.10. Research and Surveys Purpose: Conduct surveys and collect financial/management data from local governments and authorities as directed by statute. Total Funds State Funds State General Funds $620,782 $620,782 $620,782 15.11. Special Housing Initiatives Purpose: Provide funds for Special Housing Initiatives. Total Funds Other Funds Other Funds Not Specifically Identified State Funds State General Funds $5,731,954 $2,399,062 $2,399,062 $3,332,892 $3,332,892 932 JOURNAL OF THE SENATE 15.12. State Community Development Programs Purpose: 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 $1,377,599 State Funds $1,377,599 State General Funds $1,377,599 15.13. State Economic Development Program Purpose: Facilitate and stimulate economic activity, private investment, and job creation by various means including making loans and grants. Total Funds $10,882,995 Federal Funds and Grants $13,587 Federal Funds Not Specifically Identified $13,587 Other Funds $154,681 Other Funds Not Specifically Identified $154,681 State Funds $10,714,727 State General Funds $10,714,727 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $10,714,727 $10,882,995 Reduce funding for the Regional Economic Business Assistance (REBA) program. $0 $0 Amount appropriated in this Act $10,714,727 $10,882,995 The following appropriations are for agencies attached for administrative purposes. 15.20. Payments to Georgia Environmental Facilities Authority Purpose: Provide funds for water, wastewater, solid waste, energy, and land conservation projects. Total Funds $90,334,810 Federal Funds and Grants $0 Other Funds $0 State Funds $90,334,810 State General Funds $90,334,810 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous FRIDAY, FEBRUARY 22, 2008 933 appropriation act: Amount from prior Appropriation Act (HB 95) Provide funds for reservoirs and water system improvements. Increase funds for the Infrastructure Grant Program. Amount appropriated in this Act State Funds $49,823,726 $40,000,000 $511,084 $90,334,810 Total Funds $49,823,726 $40,000,000 $511,084 $90,334,810 15.21. Payments to Georgia Regional Transportation Authority Purpose: Improve Georgia's mobility, air quality, and land use practices. Total Funds State Funds State General Funds $4,867,816 $4,867,816 $4,867,816 15.22. Payments to OneGeorgia Authority Purpose: Provide funds for the OneGeorgia Authority. Total Funds Other Funds Other Funds Not Specifically Identified State Funds Tobacco Funds $47,479,679 $356,346 $356,346 $47,123,333 $47,123,333 Section 16: Community Health, Department of Total Funds Federal Funds and Grants Medical Assistance Program State Children's Insurance Program Other Funds Agency Funds Indigent Care Trust Fund - Public Hospital Authorities Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers Health Insurance Payments $11,909,607,570 $5,800,316,923 $5,552,727,843 $247,589,080 $643,203,430 $245,068,026 $158,537,322 $239,598,082 $2,401,048,908 $53,823,656 $2,347,225,252 $3,065,038,309 $2,709,509,743 934 JOURNAL OF THE SENATE Medicaid Services Payments - Other Agencies $355,528,566 16.1. Administration Purpose: Provide administrative support to all departmental programs. Total Funds Federal Funds and Grants Medical Assistance Program State Children's Insurance Program Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Health Insurance Payments $430,930,823 $300,332,028 $282,177,993 $18,154,035 $14,362,160 $232,160 $14,130,000 $94,102,323 $94,102,323 $22,134,312 $22,134,312 16.2. Aged, Blind, and Disabled Medicaid Purpose: Improve healthcare access primarily to elderly and disabled individuals. Total Funds $4,414,265,158 Federal Funds and Grants $2,751,486,978 Medical Assistance Program $2,751,486,978 Other Funds $274,740,763 Agency Funds $129,098,959 Other Funds Not Specifically Identified $145,641,804 State Funds $1,058,405,797 State General Funds $1,058,405,797 Intra-State Government Transfers $329,631,620 Medicaid Services Payments - Other Agencies $329,631,620 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,135,312,137 $4,273,886,947 Reduce Aged, Blind, and Disabled Medicaid program budget to reflect benefit projections. ($76,906,340) ($206,848,682) Utilize FY 2007 state fund reserves ($164,856,120) for FY 2007 Incurred But Not Reported (IBNR) expenses. $0 $443,400,000 FRIDAY, FEBRUARY 22, 2008 935 Decrease other funds to reflect benefit projections. Amount appropriated in this Act $0 $1,058,405,797 ($96,173,107) $4,414,265,158 16.3. Health Care Access and Improvement Purpose: Improve the health, wellness and access to healthcare for Georgians. Total Funds Federal Funds and Grants Medical Assistance Program Other Funds Agency Funds State Funds Tobacco Funds State General Funds Intra-State Government Transfers $17,987,926 $588,838 $588,838 $100,000 $100,000 $17,299,088 $2,850,000 $14,449,088 $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $17,299,088 $17,987,926 Reduce funds received for the Regional Health Information Technology pilot partnership with the Medical College of Georgia. $0 $0 Amount appropriated in this Act $17,299,088 $17,987,926 16.4. Indigent Care Trust Fund Purpose: Support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. Total Funds $468,386,838 Federal Funds and Grants $294,026,091 Medical Assistance Program $294,026,091 Other Funds $160,737,322 Agency Funds $2,200,000 Indigent Care Trust Fund - Public Hospital Authorities $158,537,322 State Funds $13,623,425 State General Funds $13,623,425 Intra-State Government Transfers $0 936 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 95) $500,000 $432,822,000 Provide state matching funds for private hospitals considered "deemed" by federal standards for the Disproportionate Share Hospital (DSH) program. (CC:Provide state fund match for federal Disproportionate Share Hospital (DSH) funds for private hospitals providing access to Georgia's uninsured citizens.) $13,123,425 $35,564,838 Amount appropriated in this Act $13,623,425 $468,386,838 16.5. Low-Income Medicaid Purpose: Improve healthcare access primarily to low-income individuals. Total Funds $3,142,153,652 Federal Funds and Grants $1,973,900,924 Medical Assistance Program $1,973,900,924 Other Funds $192,901,565 Agency Funds $113,075,287 Other Funds Not Specifically Identified $79,826,278 State Funds $949,606,000 Tobacco Funds $50,973,656 State General Funds $898,632,344 Intra-State Government Transfers $25,745,163 Medicaid Services Payments - Other Agencies $25,745,163 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $981,795,155 $2,924,600,849 Reduce Care Management Organization (CMO) fees in the Low-Income Medicaid program to reflect projected revenue due to lower program enrollment. ($32,189,155) ($86,576,533) Utilize FY 2007 state fund reserves ($70,753,540) for FY 2007 IBNR expenses. $0 $190,300,000 Increase other funds to reflect benefit $0 $113,829,336 FRIDAY, FEBRUARY 22, 2008 937 projections. Amount appropriated in this Act $949,606,000 $3,142,153,652 16.6. Nursing Home Provider Fees Purpose: 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 $324,921,888 Federal Funds and Grants $204,115,930 Medical Assistance Program $204,115,930 State Funds $120,805,958 State General Funds $120,805,958 16.7. PeachCare Purpose: Improve access to healthcare for qualified low-income Georgia children Total Funds $372,641,002 Federal Funds and Grants $275,866,134 Medical Assistance Program $46,431,089 State Children's Insurance Program $229,435,045 Other Funds $361,620 Agency Funds $361,620 State Funds $96,261,465 State General Funds $96,261,465 Intra-State Government Transfers $151,783 Medicaid Services Payments - Other Agencies $151,783 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 95) $81,348,701 $313,825,507 Provide state funds to cover projected benefit expenditures in the PeachCare program. $15,926,579 $61,326,835 Reduce CMO fees in the PeachCare program. ($1,013,815) ($3,903,793) Utilize FY 2007 state fund reserves ($361,620) for FY 2007 IBNR expenses. $0 $1,392,453 Amount appropriated in this Act $96,261,465 $372,641,002 16.8. State Health Benefit Plan Purpose: Provide a healthcare benefit that is competitive with other commercial benefit plans 938 JOURNAL OF THE SENATE in quality of care, access to providers and efficient management of provider fees and utilization. Total Funds $2,687,375,431 Intra-State Government Transfers $2,687,375,431 Health Insurance Payments $2,687,375,431 The following appropriations are for agencies attached for administrative purposes. 16.9. Composite Board of Medical Examiners Purpose: Protect the public's health by ensuring healthcare practitioners are qualified to practice in the State of Georgia. Total Funds $2,366,731 State Funds $2,366,731 State General Funds $2,366,731 16.10. Georgia Board for Physician Workforce, Administration Purpose: Provide administrative support to all agency programs. Total Funds State Funds State General Funds $591,850 $591,850 $591,850 16.11. Georgia Board for Physician Workforce, Graduate Medical Education Purpose: Address the physician workforce needs of Georgia communities through the support and development of medical education programs. Total Funds $7,212,223 State Funds $7,212,223 State General Funds $7,212,223 16.12. Georgia Board for Physician Workforce, Mercer School of Medicine Purpose: 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 $24,560,862 State Funds $24,560,862 State General Funds $24,560,862 16.13. Georgia Board for Physician Workforce, Morehouse School of Medicine Purpose: Ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership with Morehouse School of Medicine. Total Funds $11,247,293 FRIDAY, FEBRUARY 22, 2008 939 State Funds State General Funds $11,247,293 $11,247,293 16.14. Georgia Board for Physician Workforce, Undergraduate Medical Education Purpose: 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 16.15. State Medical Education Board Purpose: 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 $1,427,409 State Funds $1,427,409 State General Funds $1,427,409 Section 17: Corrections, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $1,124,347,574 $3,111,139 $3,111,139 $20,965,509 $20,965,509 $1,100,270,926 $1,100,270,926 $0 17.1. Administration Purpose: To protect and serve the citizens of Georgia by providing an effective and efficient department that administers a balanced correctional system. Total Funds $57,033,714 Federal Funds and Grants $1,836,000 Federal Funds Not Specifically Identified $1,836,000 Other Funds $0 State Funds $55,197,714 State General Funds $55,197,714 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 940 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB 95) Transfer savings generated through a temporary reduction in private prison bed space from the Private Prisons program to the Administration program to fund operating cost needs at the newly opened Emanuel Probation Detention Center (PDC). Transfer surplus funds generated by the delay of 1,216 partially funded fast track expansion beds at five state prisons from the Administration program to the Health program to meet projected health services expenditure deficits. Amount appropriated in this Act State Funds $55,204,846 $629 Total Funds $57,040,846 $629 ($7,761) ($7,761) $55,197,714 $57,033,714 17.2. Bainbridge Probation Substance Abuse Treatment Center (PSATC) Purpose: Provide a sanctioning option for probationers who require more security and supervision than provided by regular community supervision. Total Funds $6,263,402 Federal Funds and Grants $20,743 Federal Funds Not Specifically Identified $20,743 Other Funds $7,046 Other Funds Not Specifically Identified $7,046 State Funds $6,235,613 State General Funds $6,235,613 17.3. Food and Farm Operations Purpose: To raise crops and livestock, and produce dairy items used in preparing meals for offenders. Total Funds $13,264,309 Federal Funds and Grants $22,000 Federal Funds Not Specifically Identified $22,000 Other Funds $45,000 Other Funds Not Specifically Identified $45,000 State Funds $13,197,309 State General Funds $13,197,309 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, FEBRUARY 22, 2008 941 Amount from prior Appropriation Act (HB 95) Transfer savings generated through a temporary reduction in private prison bed space from the Private Prisons program to the Food and Farm Operations program to fund operating cost needs at the newly opened Emanuel PDC. Transfer surplus funds generated by the delay of 1,216 partially funded fast track expansion beds at five state prisons from the Food and Farm Operations program to the Health program to meet projected health services expenditure deficits. Amount appropriated in this Act State Funds $13,288,692 $9,530 Total Funds $13,355,692 $9,530 ($100,913) ($100,913) $13,197,309 $13,264,309 17.4. Health Purpose: 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 $208,578,262 Federal Funds and Grants $0 Other Funds $8,464,209 Other Funds Not Specifically Identified $8,464,209 State Funds $200,114,053 State General Funds $200,114,053 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $195,137,625 $203,601,834 Transfer savings generated through a temporary reduction in private prison bed space from the Private Prisons program to the Health program to fund operating cost needs at the newly opened Emanuel PDC. $216,651 $216,651 Transfer surplus funds generated by the delay of 1,216 partially funded fast track expansion beds at five state prisons from the Administration program ($7,761), State Prisons program ($4,651,103) and Food and $4,759,777 $4,759,777 942 JOURNAL OF THE SENATE Farm Operations program ($100,913) to meet projected health services expenditure deficits. Amount appropriated in this Act $200,114,053 $208,578,262 17.5. Jail Subsidy Purpose: Reimburse counties for the costs of incarcerating state prisoners in their local facilities. Total Funds $6,196,724 State Funds $6,196,724 State General Funds $6,196,724 17.6. Offender Management Purpose: To provide cost-effective correctional services that ensure public safety. Total Funds $44,446,205 Federal Funds and Grants $0 Other Funds $0 State Funds $44,446,205 State General Funds $44,446,205 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $44,724,989 $44,724,989 Reduce funds received to expand County Correctional Institutions (CCI) to house state inmates in rural Georgia. ($278,784) ($278,784) Amount appropriated in this Act $44,446,205 $44,446,205 17.7. Parole Revocation Centers Purpose: To provide a sanction for parole violations. Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds $4,465,585 $10,510 $10,510 $49,138 $49,138 $4,405,937 $4,405,937 FRIDAY, FEBRUARY 22, 2008 943 17.8. Private Prisons Purpose: To provide a cost-effective correctional service that ensures public safety. Total Funds $79,841,877 Federal Funds and Grants $0 Other Funds $0 State Funds $79,841,877 State General Funds $79,841,877 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $80,709,877 $80,709,877 Transfer savings generated through a temporary reduction in private prison bed space from the Private Prisons program to the Administration program ($629), Food and Farm Operations program ($9,530), Health program ($216,651) and the Probation Detention Centers program ($641,190) to fund operating cost needs at the newly opened Emanuel PDC. ($868,000) ($868,000) Amount appropriated in this Act $79,841,877 $79,841,877 17.9. Probation Detention Centers Purpose: Provide a sanctioning option for probationers who require more security or supervision than provided by regular community supervision or a diversion center. Total Funds $48,039,217 Federal Funds and Grants $127,140 Federal Funds Not Specifically Identified $127,140 Other Funds $1,190,115 Other Funds Not Specifically Identified $1,190,115 State Funds $46,721,962 State General Funds $46,721,962 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $46,080,772 $47,398,027 944 JOURNAL OF THE SENATE Transfer savings generated through a temporary reduction in private prison bed space from the Private Prisons program to the Probation Detention Centers program to fund operating cost needs at the newly opened Emanuel PDC. Amount appropriated in this Act $641,190 $641,190 $46,721,962 $48,039,217 17.10. Probation Diversion Centers Purpose: 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 $14,953,542 Federal Funds and Grants $0 Other Funds $2,812,861 Other Funds Not Specifically Identified $2,812,861 State Funds $12,140,681 State General Funds $12,140,681 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $13,210,013 $16,022,874 Transfer funds from the Probation Diversion Centers program to the Probation Supervision program to convert the Athens Diversion Center to the Athens Day Reporting Center. ($1,069,332) ($1,069,332) Amount appropriated in this Act $12,140,681 $14,953,542 17.11. Probation Supervision Purpose: To supervise probationers. Total Funds $83,237,077 State Funds $83,237,077 State General Funds $83,237,077 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $82,167,745 $82,167,745 Transfer funds from the Probation Diversion Centers program to the Probation Supervision $1,069,332 $1,069,332 FRIDAY, FEBRUARY 22, 2008 945 program to convert the Athens Diversion Center to the Athens Day Reporting Center. Amount appropriated in this Act $83,237,077 $83,237,077 17.12. State Prisons Purpose: To house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment. Total Funds $531,651,260 Federal Funds and Grants $1,094,746 Federal Funds Not Specifically Identified $1,094,746 Other Funds $8,397,140 Other Funds Not Specifically Identified $8,397,140 State Funds $522,159,374 State General Funds $522,159,374 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $526,810,477 $536,302,363 Transfer surplus funds generated by the delay of 1,216 partially funded fast track expansion beds at five state prisons from the State Prisons program to the Health program to meet projected health services expenditure deficits. ($4,651,103) ($4,651,103) Amount appropriated in this Act $522,159,374 $531,651,260 17.13. Transitional Centers Purpose: 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 $26,376,400 State Funds $26,376,400 State General Funds $26,376,400 Section 18: Defense, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds $41,120,055 $28,812,701 $28,812,701 $816,341 946 JOURNAL OF THE SENATE Agency Funds State Funds State General Funds Intra-State Government Transfers $816,341 $11,491,013 $11,491,013 $0 18.1. Administration Purpose: Provide administration to the organized militia in the State of Georgia. Total Funds $1,713,493 Federal Funds and Grants $409,445 Federal Funds Not Specifically Identified $409,445 State Funds $1,304,048 State General Funds $1,304,048 18.2. Military Readiness Purpose: 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 $26,739,734 Federal Funds and Grants $20,600,133 Federal Funds Not Specifically Identified $20,600,133 Other Funds $816,341 Agency Funds $816,341 State Funds $5,323,260 State General Funds $5,323,260 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $5,176,545 $26,593,019 Provide funding to convert the Assistant Adjutant General positions for the Air and Army National Guard from part-time to fulltime status. $146,715 $146,715 Amount appropriated in this Act $5,323,260 $26,739,734 18.3. Youth Educational Services Purpose: Provide educational and vocational opportunities to at-risk youth in Georgia. Total Funds $12,666,828 FRIDAY, FEBRUARY 22, 2008 947 Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds $7,803,123 $7,803,123 $4,863,705 $4,863,705 Section 19: Driver Services, Department of Total Funds Other Funds Other Funds Not Specifically Identified State Funds State General Funds $62,141,465 $721,456 $721,456 $61,420,009 $61,420,009 19.1. Customer Service Support Purpose: Administer License Issuance, Motor Vehicle Registration, and Commercial Truck Compliance. Total Funds $9,157,705 Other Funds $857 Other Funds Not Specifically Identified $857 State Funds $9,156,848 State General Funds $9,156,848 19.2. License Issuance Purpose: Issue Georgia drivers' licenses and license renewals through alternative methods in the most cost effective and efficient manner. Total Funds $48,087,172 Other Funds $205,251 Other Funds Not Specifically Identified $205,251 State Funds $47,881,921 State General Funds $47,881,921 19.3. Regulatory Compliance Purpose: 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 $4,896,588 Other Funds $515,348 Other Funds Not Specifically Identified $515,348 State Funds $4,381,240 State General Funds $4,381,240 948 JOURNAL OF THE SENATE Section 20: Early Care and Learning, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds Lottery Funds State General Funds $451,305,508 $121,706,679 $121,706,679 $155,000 $155,000 $329,443,829 $324,857,346 $4,586,483 20.1. Child Care Services Purpose: 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 $8,410,193 Federal Funds and Grants $3,668,710 Federal Funds Not Specifically Identified $3,668,710 Other Funds $155,000 Other Funds Not Specifically Identified $155,000 State Funds $4,586,483 State General Funds $4,586,483 20.2. Nutrition Purpose: To ensure that eligible children and adults receive USDA compliant meals. Total Funds $98,000,000 Federal Funds and Grants $98,000,000 Federal Funds Not Specifically Identified $98,000,000 20.3. Pre-Kindergarten Program Purpose: 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 Funds $325,525,169 Federal Funds and Grants $667,823 Federal Funds Not Specifically Identified $667,823 State Funds $324,857,346 Lottery Funds $324,857,346 20.4. Quality Initiatives Purpose: Explore new ideas and help implement innovative strategies that focus on FRIDAY, FEBRUARY 22, 2008 949 improving the quality of early education, child care, and nutrition for Georgia's children and families. Total Funds $19,370,146 Federal Funds and Grants $19,370,146 Federal Funds Not Specifically Identified $19,370,146 Section 21: Economic Development, Department of Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $44,728,056 $0 $20,244 $20,244 $44,707,812 $44,707,812 $0 21.1. Administration Purpose: To influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state. Total Funds $6,626,634 State Funds $6,626,634 State General Funds $6,626,634 21.2. Business Recruitment and Expansion Purpose: To provide assistance to local communities and to the state to recruit, retain, and expand businesses in Georgia. Total Funds $11,403,644 Federal Funds and Grants $0 Other Funds $0 State Funds $11,403,644 State General Funds $11,403,644 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $13,403,644 $13,403,644 Remove funding to the City of Gainesville for the Georgia Mountain Center parking deck demolition and renovation. ($2,000,000) ($2,000,000) 950 JOURNAL OF THE SENATE Amount appropriated in this Act $11,403,644 $11,403,644 21.3. Film, Video and Music Purpose: 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 $1,209,137 State Funds $1,209,137 State General Funds $1,209,137 21.4. Innovation and Technology Purpose: To lead in the recruitment, growth, and marketing of the life sciences and technology industries in Georgia. Total Funds $1,710,270 State Funds $1,710,270 State General Funds $1,710,270 21.5. International Relations and Trade Purpose: 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 $2,358,416 Federal Funds and Grants $0 Other Funds $0 State Funds $2,358,416 State General Funds $2,358,416 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,358,416 $2,358,416 Increase funds for international business outreach. $0 $0 Amount appropriated in this Act $2,358,416 $2,358,416 21.6. Small and Minority Business Development Purpose: To provide guidance and support to agencies in maximizing access to state business opportunities for small and minority businesses. Total Funds $963,024 Other Funds $20,244 FRIDAY, FEBRUARY 22, 2008 951 Other Funds Not Specifically Identified State Funds State General Funds $20,244 $942,780 $942,780 21.7. Tourism Purpose: To provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. Total Funds $18,314,409 Federal Funds and Grants $0 Other Funds $0 State Funds $18,314,409 State General Funds $18,314,409 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $21,129,409 $21,129,409 Remove funding for the Cobb Energy Performing Arts Center. ($2,500,000) ($2,500,000) Reduce funding for Civil War commemoration preparation and Resaca Battlefield development. ($315,000) ($315,000) Amount appropriated in this Act $18,314,409 $18,314,409 The following appropriations are for agencies attached for administrative purposes. 21.8. Payments to Aviation Hall of Fame Authority Purpose: 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 21.9. Payments to Georgia Golf Hall of Fame Authority Purpose: To provide operating funds for the Golf Hall of Fame. $0 21.10. Payments to Georgia Medical Center Authority Purpose: To provide funds to the Georgia Medical Center Authority. 952 JOURNAL OF THE SENATE Total Funds State Funds State General Funds $408,712 $408,712 $408,712 21.11. Payments to Georgia Music Hall of Fame Authority Purpose: To preserve Georgia's rich musical heritage. Total Funds State Funds State General Funds $840,466 $840,466 $840,466 21.12. Civil War Commission Purpose: 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 $50,000 State Funds $50,000 State General Funds $50,000 21.13. Payments to Georgia Sports Hall of Fame Authority Purpose: Collect, preserve and interpret the history of sports in Georgia. Total Funds State Funds State General Funds $793,344 $793,344 $793,344 Section 22: Education, Department of Total Funds $9,135,239,444 Federal Funds and Grants $1,121,650,747 Federal Funds Not Specifically Identified $1,121,650,747 Other Funds $12,391,307 Other Funds Not Specifically Identified $12,391,307 State Funds $8,001,197,390 State General Funds $8,001,197,390 Intra-State Government Transfers $0 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,642.32. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. 22.1. Academic Coach Purpose: Provide certificated public school teachers who exhibit excellence in the classroom FRIDAY, FEBRUARY 22, 2008 953 with salary supplements or bonuses in exchange for mentoring other public school teachers. Total Funds $4,594,192 Federal Funds and Grants $0 Other Funds $0 State Funds $4,594,192 State General Funds $4,594,192 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $5,705,944 $5,705,944 Adjust funding for Academic Coaches based on projected expenditures for 19 coaches. ($1,111,752) ($1,111,752) Amount appropriated in this Act $4,594,192 $4,594,192 22.2. Agricultural Education Purpose: 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 $10,145,339 Federal Funds and Grants $126,577 Federal Funds Not Specifically Identified $126,577 Other Funds $450,000 Other Funds Not Specifically Identified $450,000 State Funds $9,568,762 State General Funds $9,568,762 22.3. Central Office Purpose: Act as a service oriented agency supporting local school districts. Total Funds $86,332,010 Federal Funds and Grants $38,180,833 Federal Funds Not Specifically Identified $38,180,833 Other Funds $6,899,025 Other Funds Not Specifically Identified $6,899,025 State Funds $41,252,152 State General Funds $41,252,152 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 954 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB 95) Redirect funds from teacher liability premiums to the Georgia Virtual School program based on projected expenditures. Amount appropriated in this Act State Funds $41,552,152 ($300,000) $41,252,152 Total Funds $86,632,010 ($300,000) $86,332,010 22.4. Charter Schools Purpose: The purpose of this appropriation is to support and encourage development and approval of charter public schools as one part of Georgia's overall school improvement strategy, provided that at least $600,000 of this appropriation is designated to fund facilities for State Chartered Special Schools and $625,000 is designated for implementation grants for Charter Systems. Total Funds $9,949,904 Federal Funds and Grants $6,729,711 Federal Funds Not Specifically Identified $6,729,711 Other Funds $0 State Funds $3,220,193 State General Funds $3,220,193 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,220,193 $9,949,904 Provide funding to serve 2,265 students through the state's virtual charter school. $0 $0 Amount appropriated in this Act $3,220,193 $9,949,904 22.5. Communities in Schools Purpose: Operate alternative education programs throughout the state, bringing community resources into schools to help students stay in school and prepare for life. Total Funds $2,445,623 State Funds $2,445,623 State General Funds $2,445,623 22.6. Curriculum Development Purpose: Provide a world-class curriculum that will drive both instruction and assessment for Georgia's teachers and students. FRIDAY, FEBRUARY 22, 2008 955 Total Funds State Funds State General Funds $2,274,833 $2,274,833 $2,274,833 22.7. Dropout Prevention Purpose: Reduce dropout rates for Georgia students. Total Funds State Funds State General Funds $45,452,845 $45,452,845 $45,452,845 22.8. Equalization Purpose: 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 $496,488,415 Federal Funds and Grants $0 Other Funds $0 State Funds $496,488,415 State General Funds $496,488,415 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $458,323,816 $458,323,816 Increase funding for a mid-term adjustment for Equalization Grants. $7,455,432 $7,455,432 Provide a supplemental equalization grant to narrow the gap (per pupil resources and spending) between school systems - avoiding a funding shortfall in Fiscal Year 2009 and ensuring compliance with O.C.G.A. 20-2165. $30,709,167 $30,709,167 Amount appropriated in this Act $496,488,415 $496,488,415 22.9. Federal Programs Purpose: Coordinate federally funded programs and allocate federal funds to school systems. Total Funds $817,561,039 Federal Funds and Grants $817,561,039 Federal Funds Not Specifically Identified $817,561,039 956 JOURNAL OF THE SENATE 22.10. Foreign Language Purpose: Provide funds to schools for foreign language instruction. Total Funds $1,590,857 Federal Funds and Grants $0 Other Funds $0 State Funds $1,590,857 State General Funds $1,590,857 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,590,857 $1,590,857 Reduce funds received for foreign language media materials for elementary school students statewide. Direct the Department to develop a statewide strategy for achieving student mastery of foreign languages in early grades. Such strategy should include an examination of the impact of moving foreign language teachers from high schools to elementary schools. $0 $0 Amount appropriated in this Act $1,590,857 $1,590,857 22.11. Georgia Learning Resources System (GLRS) Purpose: Provide training and resources to educators and parents of students with disabilities through a network of 17 centers around the state. Total Funds $7,367,573 Federal Funds and Grants $7,367,573 Federal Funds Not Specifically Identified $7,367,573 22.12. Georgia Virtual School Purpose: 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 $3,823,623 Federal Funds and Grants $0 Other Funds $0 State Funds $3,823,623 State General Funds $3,823,623 Intra-State Government Transfers $0 FRIDAY, FEBRUARY 22, 2008 957 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,198,878 $2,198,878 Provide a total of 5,000 courses by redirecting $330,000 from the High Performing Principals program, $300,000 from teacher liability premiums, and providing $271,746 in additional funds. $1,624,745 $1,624,745 Amount appropriated in this Act $3,823,623 $3,823,623 22.13. Georgia Youth Science and Technology Purpose: Increase interest and enthusiasm in science and the technologies, particularly among elementary and middle school teachers and students. Total Funds $500,000 State Funds $500,000 State General Funds $500,000 22.14. Governor's Honors Program Purpose: 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 $1,430,824 State Funds $1,430,824 State General Funds $1,430,824 22.15. Information Technology Services Purpose: Collect and report accurate data through the development and maintenance of webenabled applications. Total Funds $7,417,319 State Funds $7,417,319 State General Funds $7,417,319 22.16. Local Five Mill Share Purpose: Required local effort based on five mills of tax on the equalized adjusted property tax digest. Total Funds ($1,542,897,546) Federal Funds and Grants $0 Other Funds $0 958 JOURNAL OF THE SENATE State Funds State General Funds Intra-State Government Transfers ($1,542,897,546) ($1,542,897,546) $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) ($1,543,476,487) ($1,543,476,487) Increase funding for Local Five Mill Share for school systems with declining tax digests. $578,941 $578,941 Amount appropriated in this Act ($1,542,897,546) ($1,542,897,546) 22.17. National Board Certification Purpose: 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 $13,431,808 Federal Funds and Grants $0 Other Funds $0 State Funds $13,431,808 State General Funds $13,431,808 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $12,294,628 $12,294,628 Increase funds to provide for a 10% salary increase for new teachers achieving National Board Certification. $1,137,180 $1,137,180 Amount appropriated in this Act $13,431,808 $13,431,808 22.18. National Science Center and Foundation Purpose: Ignite and promote students' interest in Mathematics and Sciences, develop new ways to use technology in teaching and deploy those methods in our schools. Total Funds $1,416,750 State Funds $1,416,750 State General Funds $1,416,750 FRIDAY, FEBRUARY 22, 2008 959 22.19. Non-Quality Basic Education Grants Purpose: Provide grants for purchasing cards for classroom supplies, to fund children in residential education facilities, to compensate high performance principals, to fund migrant education, sparsity, and low incidence special education, and provide grants for one-time projects for local education boards. Total Funds $65,777,037 Federal Funds and Grants $0 Other Funds $0 State Funds $65,777,037 State General Funds $65,777,037 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $25,638,421 $25,638,421 Redirect funds from the High Performing Principals program to the Georgia Virtual School program based on projected expenditures. ($330,000) ($330,000) Provide $25.11 per FTE for one-time equipment and technology infrastructure upgrades. $40,817,363 $40,817,363 Adjust funding for classroom cards based on actual expenditures. ($348,747) ($348,747) Amount appropriated in this Act $65,777,037 $65,777,037 22.20. Nutrition Purpose: 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 $227,120,109 Federal Funds and Grants $188,375,722 Federal Funds Not Specifically Identified $188,375,722 State Funds $38,744,387 State General Funds $38,744,387 22.21. Preschool Handicapped Purpose: Provide early intervention so students with disabilities will enter school with the skills to succeed. Total Funds $29,135,155 960 JOURNAL OF THE SENATE State Funds State General Funds $29,135,155 $29,135,155 22.22. Pupil Transportation Purpose: 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 $168,868,769 Federal Funds and Grants $0 Other Funds $0 State Funds $168,868,769 State General Funds $168,868,769 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $168,868,769 $168,868,769 Provide one-time funding to purchase 557 new buses. $0 $0 Amount appropriated in this Act $168,868,769 $168,868,769 Provided, however, the sum of $25,000,000 derived from the sale of 10-year General Obligation Bonds as shown in Section 49 for the specific purpose of purchasing school buses is designated for program 23.22. Pupil Transportation and is specifically appropriated for this purpose: "Provide one-time funding to purchase 500 new school buses with an allocation of 1 bus for each of the 3 state schools and 1 bus per school system. The remaining buses shall be allocated based on school system wealth rankings and route miles with no funding provided to school systems without a pupil transportation program or for school systems with 30% or more of the bus fleet replaced in Fiscal Year 2007." Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 23.22. Pupil Transportation above may be use used for this specific purpose as well. 22.23. Quality Basic Education Program Purpose: Provide funds to school systems for the instruction of students in grades K-12 to ensure that Georgia's K-12 students are academically prepared for further education and the workplace. Total Funds $8,129,238,535 Federal Funds and Grants $0 Other Funds $0 State Funds $8,129,238,535 State General Funds $8,129,238,535 Intra-State Government Transfers $0 FRIDAY, FEBRUARY 22, 2008 961 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $8,017,517,757 $8,017,517,757 Provide a mid-term adjustment for enrollment growth of 1.09%. $111,720,778 $111,720,778 Amount appropriated in this Act $8,129,238,535 $8,129,238,535 22.24. Regional Education Service Agencies (RESAs) Purpose: Provide Georgia's 16 Regional Educational Service Agencies with shared services to improve the effectiveness of educational programs and services to local school systems. Total Funds $12,458,083 State Funds $12,458,083 State General Funds $12,458,083 22.25. School Improvement Purpose: 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 Funds $11,312,332 Other Funds $100,000 Other Funds Not Specifically Identified $100,000 State Funds $11,212,332 State General Funds $11,212,332 22.26. School Nurses Purpose: 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 State General Funds $30,000,000 22.27. Severely Emotionally Disturbed (SED) Purpose: Provide statewide services to parents and educators of students with disabilities. Total Funds $82,675,905 Federal Funds and Grants $13,359,858 Federal Funds Not Specifically Identified $13,359,858 Other Funds $0 962 JOURNAL OF THE SENATE State Funds $69,316,047 State General Funds $69,316,047 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $67,834,466 $81,194,324 Cover the cost of statewide budget changes for state-funded positions. $1,481,581 $1,481,581 Amount appropriated in this Act $69,316,047 $82,675,905 22.28. State Interagency Transfers Purpose: Provide health insurance to retired teachers and non-certified personnel and to pass through funding via a contract. Total Funds $307,163,848 Federal Funds and Grants $18,888,697 Federal Funds Not Specifically Identified $18,888,697 State Funds $288,275,151 State General Funds $288,275,151 22.29. State Schools Purpose: 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 $23,632,221 Federal Funds and Grants $0 Other Funds $932,715 Other Funds Not Specifically Identified $932,715 State Funds $22,699,506 State General Funds $22,699,506 Intra-State Government Transfers $0 22.30. Technology/Career Education Purpose: Equip students with academic, technical and leadership skills. Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds $40,994,078 $20,606,546 $20,606,546 $4,009,567 FRIDAY, FEBRUARY 22, 2008 963 Other Funds Not Specifically Identified State Funds State General Funds $4,009,567 $16,377,965 $16,377,965 Authorize the Georgia State Financing and Investment Commission to redirect $11 million the balance of $468 million approved April 24, 2001 as House Bill 139, Act No. 212 for public school capital outlay - for the purchase of vocational and agricultural equipment for new schools. 22.31. Testing Purpose: Adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program. Total Funds $35,879,105 Federal Funds and Grants $10,454,191 Federal Funds Not Specifically Identified $10,454,191 Other Funds $0 State Funds $25,424,914 State General Funds $25,424,914 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $24,643,020 $35,097,211 Increase funding for the state mandated English Language Learners exam. $781,894 $781,894 Amount appropriated in this Act $25,424,914 $35,879,105 Provided, however, from the appropriation of State General Funds designated above for program 23.31. Testing, the amount of $354,075 is specifically appropriated for this purpose: "Provide funding for Advanced Placement Exams for private school students on the same basis as public school students." Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 23.31. Testing above may be use used for this specific purpose as well. 22.32. Tuition for the Multi-Handicapped Purpose: 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 $1,658,859 964 JOURNAL OF THE SENATE State General Funds $1,658,859 Section 23: Employees' Retirement System Total Funds $25,115,571 Federal Funds and Grants $0 Other Funds $2,599,119 Agency Funds $2,599,119 State Funds $4,556,301 State General Funds $4,556,301 Intra-State Government Transfers $17,960,151 Retirement Payments $17,960,151 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 2008. It is the intent of the General Assembly that the employer contribution for Public School Employees' Retirement System shall not exceed $40.82 per member for State Fiscal Year 2008. 23.1. System Administration Purpose: Collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. Total Funds $17,960,151 Intra-State Government Transfers $17,960,151 Retirement Payments $17,960,151 23.2. Deferred Compensation Purpose: 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 $2,599,119 Other Funds $2,599,119 Agency Funds $2,599,119 23.3. Georgia Military Pension Fund Purpose: Provide retirement allowances and other benefits for members of the Georgia National Guard. Total Funds $1,103,073 State Funds $1,103,073 State General Funds $1,103,073 23.4. Public School Employees' Retirement System Purpose: Account for the receipt of retirement contributions, ensure sound investing of system FRIDAY, FEBRUARY 22, 2008 965 funds, and provide timely and accurate payment of retirement benefits. Total Funds $3,453,228 Federal Funds and Grants $0 Other Funds $0 State Funds $3,453,228 State General Funds $3,453,228 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,571,728 $3,571,728 Reduce funding for the Public School Employees' Retirement System to the level required by the latest actuary report. ($118,500) ($118,500) Amount appropriated in this Act $3,453,228 $3,453,228 Section 24: Forestry Commission, Georgia Total Funds $50,820,582 Federal Funds and Grants $7,861,835 Federal Funds Not Specifically Identified $7,861,835 Other Funds $5,668,070 Agency Funds $668,539 Other Funds Not Specifically Identified $4,999,531 State Funds $37,290,677 State General Funds $37,290,677 Intra-State Government Transfers $0 24.1. Administration Purpose: 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 $4,544,938 Other Funds $4,872 Agency Funds $4,872 State Funds $4,540,066 State General Funds $4,540,066 24.2. Forest Management Purpose: Provide forestry inventory data, manage state-owned forests, provide technical 966 JOURNAL OF THE SENATE assistance on forest health and water quality issues to forest landowners, administer federal forestry programs, assist communities with management of forested greenspace, market forestry products and provide technical assistance to the forestry industry. Total Funds $10,346,417 Federal Funds and Grants $5,977,662 Federal Funds Not Specifically Identified $5,977,662 Other Funds $677,587 Agency Funds $127,500 Other Funds Not Specifically Identified $550,087 State Funds $3,691,168 State General Funds $3,691,168 24.3. Forest Protection Purpose: Protect the public and forest resources by detecting and suppressing forest fires, assisting landowners with fire prevention techniques, educating the public about the dangers of wildfires, and providing programs to support rural fire departments. Total Funds $34,421,502 Federal Funds and Grants $1,814,173 Federal Funds Not Specifically Identified $1,814,173 Other Funds $3,484,111 Agency Funds $536,167 Other Funds Not Specifically Identified $2,947,944 State Funds $29,123,218 State General Funds $29,123,218 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $28,973,218 $34,271,502 Provide 10% state match to repair and rehabilitate fire breaks resulting from the 2007 South Georgia wildfires. $150,000 $150,000 Amount appropriated in this Act $29,123,218 $34,421,502 24.4. Tree Improvement Purpose: Provide Georgia's landowners with genetically superior seedlings to ensure increased volume and superior quality of trees grown. Total Funds $121,994 State Funds $121,994 FRIDAY, FEBRUARY 22, 2008 967 State General Funds $121,994 24.5. Tree Seedling Nursery Purpose: Produce an adequate quantity of high quality forest tree seedlings for sale at a reasonable cost to Georgia landowners. Total Funds $1,385,731 Federal Funds and Grants $70,000 Federal Funds Not Specifically Identified $70,000 Other Funds $1,501,500 Other Funds Not Specifically Identified $1,501,500 State Funds ($185,769) State General Funds ($185,769) Section 25: Governor, Office of the Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $60,551,952 $10,950,831 $10,950,831 $1,586,247 $1,586,247 $48,014,874 $48,014,874 $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. 25.1. Governor's Office Purpose: 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 $11,753,328 Federal Funds and Grants $4,000,000 Federal Funds Not Specifically Identified $4,000,000 Other Funds $100,000 Other Funds Not Specifically Identified $100,000 State Funds $7,653,328 State General Funds $7,653,328 968 JOURNAL OF THE SENATE 25.2. Governor's Emergency Funds Purpose: Provide emergency funds to draw on when disasters create extraordinary demands on government. Total Funds $4,768,067 Federal Funds and Grants $0 Other Funds $0 State Funds $4,768,067 State General Funds $4,768,067 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,469,576 $3,469,576 Replenish the Governor's Emergency Fund to a level of $7,568,067 due to draw downs for FY 2007 disasters related to tornadoes and fires in south Georgia ($1,298,491), and provide emergency funds for instances of fire and other natural disasters in FY 2008 ($2,800,000). $1,298,491 $1,298,491 Amount appropriated in this Act $4,768,067 $4,768,067 25.3. Office of Planning and Budget Purpose: Improves state government operations and services by leading and assisting in the evaluation, development, and implementation of budgets, plans, programs, and policies. Total Funds $9,577,412 Federal Funds and Grants $2,000 Federal Funds Not Specifically Identified $2,000 Other Funds $100,677 Other Funds Not Specifically Identified $100,677 State Funds $9,474,735 State General Funds $9,474,735 The following appropriations are for agencies attached for administrative purposes. 25.4. Arts, Georgia Council for the Purpose: Provide general operation support and project support grants for art organizations. Total Funds $4,849,476 Federal Funds and Grants $650,528 FRIDAY, FEBRUARY 22, 2008 969 Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds $650,528 $10,000 $10,000 $4,188,948 $4,188,948 25.5. Child Advocate, Office of the Purpose: Provide independent oversight of persons, organizations, and agencies responsible for the protection and well-being of our children. Total Funds $791,860 Federal Funds and Grants $8,600 Federal Funds Not Specifically Identified $8,600 Other Funds $25 Other Funds Not Specifically Identified $25 State Funds $783,235 State General Funds $783,235 25.6. Commission on Equal Opportunity Purpose: 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 $1,101,566 Federal Funds and Grants $387,217 Federal Funds Not Specifically Identified $387,217 State Funds $714,349 State General Funds $714,349 25.7. Consumer Affairs, Office of Purpose: 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 $8,714,293 Other Funds $567,689 Other Funds Not Specifically Identified $567,689 State Funds $8,146,604 State General Funds $8,146,604 25.8. Georgia Emergency Management Agency Purpose: Provide a comprehensive and aggressive emergency preparedness, response, and recovery program for the citizens of Georgia in order to save lives, protect property, and 970 JOURNAL OF THE SENATE reduce the effects of disasters. Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $8,798,057 $5,490,056 $5,490,056 $807,856 $807,856 $2,500,145 $2,500,145 $0 25.9. Homeland Security, Office of Purpose: 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 $534,850 State Funds $534,850 State General Funds $534,850 25.10. Inspector General, Office of the State Purpose: Foster and promote accountability and integrity in state government by investigating and preventing fraud, waste, and abuse. Total Funds $833,534 State Funds $833,534 State General Funds $833,534 25.11. Professional Standards Commission, Georgia Purpose: Direct the preparation, certification, professional discipline and recruitment of educators in Georgia. Total Funds $7,555,321 Federal Funds and Grants $412,430 Federal Funds Not Specifically Identified $412,430 Other Funds $0 State Funds $7,142,891 State General Funds $7,142,891 25.12. Student Achievement, Office of Purpose: Improve student achievement and school completion in Georgia. Total Funds State Funds State General Funds $1,274,188 $1,274,188 $1,274,188 FRIDAY, FEBRUARY 22, 2008 971 Section 26: Human Resources, Department of Total Funds Federal Funds and Grants Temporary Assistance for Needy Families Block Grant Social Services Block Grant Child Care & 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 Prevention and Treatment of Substance Abuse Block Grant Community Service Block Grant Low-Income Home Energy Assistance TANF Block Grant - Unobligated Balance CCDF Mandatory & Matching Funds Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds Tobacco Funds Brain and Spinal Injury Trust Fund State General Funds Intra-State Government Transfers Other Intra-State Government Payments $3,618,463,891 $1,705,818,705 $368,024,967 $55,015,615 $25,227,918 $59,573,085 $20,172,177 $119,978,290 $6,289,202 $13,123,714 $60,179,711 $17,193,252 $24,627,737 $153,271,633 $92,815,579 $690,325,825 $261,668,484 $139,814,696 $121,853,788 $1,645,883,741 $26,909,553 $1,968,993 $1,617,005,195 $5,092,961 $5,092,961 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. 972 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. 26.1. Administration Purpose: To provide administration and support for the Divisions and Operating Office. Total Funds $240,235,492 Federal Funds and Grants $119,915,150 Temporary Assistance for Needy Families Block Grant $21,584,824 Social Services Block Grant $9,953,930 Child Care & Development Block Grant $308,015 Foster Care Title IV-E $9,837,170 Medical Assistance Program $31,567,459 Preventive Health and Health Services Block Grant $31,070 Community Service Block Grant $4,069 Low-Income Home Energy Assistance $346,557 CCDF Mandatory & Matching Funds $1,293,026 Federal Funds Not Specifically Identified $44,989,030 Other Funds $5,872,054 Agency Funds $2,247,709 Other Funds Not Specifically Identified $3,624,345 State Funds $114,448,281 Tobacco Funds $321,984 State General Funds $114,126,297 Intra-State Government Transfers $7 FRIDAY, FEBRUARY 22, 2008 973 Other Intra-State Government Payments $7 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $120,092,508 $267,448,030 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($245,850) ($245,850) Transfer state funds from the Administration program to the Child Welfare Services program to align budget and expenditures. ($5,000,000) ($5,000,000) Remove external Maintenance of Effort (MOE) calculations from the appropriated budget properly reflect the cash flow to operate the program. $0 ($18,000,000) Transfer state funds from the Adult Addictive Disease Service program to the Administration program to align budget with expenditures. $1,938,303 $1,938,303 Transfer state funds from the Administration program to the Inspections and Environmental Hazard Control program to fund Environmental Health Director positions in the program where activities occur. ($1,240,352) ($1,240,352) Transfer state funds from the Administration program to the Infectious Disease Control program to fund laboratory administrative positions in the program where activities occur. ($787,183) ($787,183) Transfer state funds from the Administration program to the Child and Adolescent Mental Health Services program to align budget and expenditures. ($109,145) ($109,145) Transfer TANF funds from the Administration program to the Support for Needy Families -Family Assistance program to align the budget and expenditures. $0 ($2,000,000) Reduce funds based on the Department's FY08 TANF spending plan. $0 ($1,568,311) Reduce one-time funds received in the Child and Adolescent Developmental Disabilities ($200,000) ($200,000) 974 JOURNAL OF THE SENATE program for the Matthew Reardon Center. Amount appropriated in this Act $114,448,281 $240,235,492 26.2. Adolescent and Adult Health Promotion Purpose: 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. Total Funds $60,934,798 Federal Funds and Grants $41,425,469 Temporary Assistance for Needy Families Block Grant $23,700,000 Maternal and Child Health Services Block Grant $1,230,972 Medical Assistance Program $1,443,863 Preventive Health and Health Services Block Grant $41,694 Federal Funds Not Specifically Identified $15,008,940 Other Funds $207,783 Other Funds Not Specifically Identified $207,783 State Funds $19,301,546 Tobacco Funds $4,874,988 State General Funds $14,426,558 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $20,734,163 $57,909,709 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($74,679) ($74,679) Realign local grant-in-aid funds to reflect expenses by transferring funds from Adolescent and Adult Health Promotion program to the Inspections and Environmental Hazard Control program. ($1,000,000) ($1,000,000) Transfer state funds from the Adolescent and Adult Health Promotion to the Infectious Disease Control program to align budget to the program where laboratory activities occur ($523,126) ($668,523) FRIDAY, FEBRUARY 22, 2008 975 (Total Funds: $668,523). Transfer state funds from the Infant and Child Health Promotion program to the Adolescent and Adult Health Promotion program to accurately reflect salary and health benefit increases for FY 2008. Reduce funds received for the Diabetes Care Coalition. Increase funds based on the Department's FY08 TANF spending plan. Amount appropriated in this Act $165,188 $165,188 $0 $0 $19,301,546 $0 $4,603,103 $60,934,798 26.3. Adoption Services Purpose: Support and facilitate the safe permanent placement of children by prescreening families and providing support and financial services after adoption. Total Funds $83,733,752 Federal Funds and Grants $47,977,276 Temporary Assistance for Needy Families Block Grant $12,000,000 Federal Funds Not Specifically Identified $35,977,276 Other Funds $0 State Funds $35,756,476 State General Funds $35,756,476 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $33,139,326 $81,116,602 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($6,640) ($6,640) Transfer funds from the Out-of-Home Care program to the Adoption Services program to align the budget with projected expenses. $2,623,790 $2,623,790 Amount appropriated in this Act $35,756,476 $83,733,752 26.4. Adult Addictive Disease Services Purpose: To provide services to adults for the safe withdrawal from abused substances and promote a transition to productive living. 976 JOURNAL OF THE SENATE Total Funds $94,796,709 Federal Funds and Grants $47,974,481 Temporary Assistance for Needy Families Block Grant $21,873,683 Prevention and Treatment of Substance Abuse Block Grant $26,100,797 Federal Funds Not Specifically Identified $1 Other Funds $824,903 Agency Funds $752,583 Other Funds Not Specifically Identified $72,320 State Funds $45,997,325 State General Funds $45,997,325 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $48,231,627 $95,573,754 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($149,386) ($149,386) Transfer state funds from the Adult Addictive Disease Services program to Administration ($1,938,303) and the Direct Care Support Services program ($146,613) to align budget and expenditures. ($2,084,916) ($2,084,916) Increase funds based on the Department's FY08 TANF spending plan. $0 $1,457,257 Amount appropriated in this Act $45,997,325 $94,796,709 26.5. Adult Developmental Disabilities Services Purpose: To provide evaluation, residential, support, and education services to promote independence for adults with developmental disabilities. Total Funds $293,358,925 Federal Funds and Grants $44,771,087 Temporary Assistance for Needy Families Block Grant $411,234 Social Services Block Grant $30,636,459 Medical Assistance Program $13,561,524 Federal Funds Not Specifically Identified $161,870 FRIDAY, FEBRUARY 22, 2008 977 Other Funds $59,784,552 Agency Funds $53,767,742 Other Funds Not Specifically Identified $6,016,810 State Funds $188,803,286 Tobacco Funds $10,255,138 State General Funds $178,548,148 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $216,013,559 $343,174,360 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($190,689) ($190,689) Transfer state funds from the Adult Developmental Disabilities Services program to Adult Forensic Services program ($3,405,931) and the Adult Mental Health Services program ($23,613,653) to align budget and expenditures. ($27,019,584) ($27,019,584) Reduce funds based on the Department's FY08 TANF spending plan. $0 ($22,605,162) Amount appropriated in this Act $188,803,286 $293,358,925 26.6. Adult Essential Health Treatment Services Purpose: To provide treatment and services to low income Georgians with cancer, Georgians at risk of stroke or heart attacks, and refugees. Total Funds $16,733,517 Federal Funds and Grants $3,937,629 Medical Assistance Program $75,338 Preventive Health and Health Services Block Grant $1,210,877 Federal Funds Not Specifically Identified $2,651,414 Other Funds $2,096,772 Other Funds Not Specifically Identified $2,096,772 State Funds $10,699,116 Tobacco Funds $5,000,000 State General Funds $5,699,116 978 JOURNAL OF THE SENATE Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $10,709,061 $16,743,462 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($9,945) ($9,945) Amount appropriated in this Act $10,699,116 $16,733,517 26.7. Adult Forensic Services Purpose: To provide evaluation, treatment and residential services to adult clients referred by Georgia's criminal justice or corrections system. Total Funds $45,221,242 Federal Funds and Grants $1,115,408 Federal Funds Not Specifically Identified $1,115,408 Other Funds $4 Agency Funds $4 State Funds $44,105,830 State General Funds $44,105,830 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $38,421,374 $39,536,786 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $178,525 $178,525 Provide state funds to improve hospital operations and quality of care. $2,100,000 $2,100,000 Transfer state funds from the Adult Developmental Disabilities program to Adult Forensic Services program to align budget and expenditures. $3,405,931 $3,405,931 Amount appropriated in this Act $44,105,830 $45,221,242 FRIDAY, FEBRUARY 22, 2008 979 26.8. Adult Mental Health Services Purpose: To provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness. Total Funds $238,580,263 Federal Funds and Grants $15,883,333 Temporary Assistance for Needy Families Block Grant $1,219,465 Community Mental Health Services Block Grant $7,757,890 Federal Funds Not Specifically Identified $6,905,978 Other Funds $4,102,757 Agency Funds $3,293,344 Other Funds Not Specifically Identified $809,413 State Funds $218,594,173 State General Funds $218,594,173 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $177,314,849 $199,681,474 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($365,284) ($365,284) Transfer state funds from the Adult Developmental Disabilities program ($23,613,653) and the Child and Adolescent Mental Health program ($12,130,955) to the Adult Mental Health Services program to align budget and expenditures. $35,744,608 $35,744,608 Provide state funds to improve hospital operations and quality of care. $5,900,000 $5,900,000 Reduce funds based on the Department's FY08 TANF spending plan. $0 ($2,380,535) Amount appropriated in this Act $218,594,173 $238,580,263 26.9. Adult Nursing Home Services Purpose: To provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities. Total Funds $4,069,927 980 JOURNAL OF THE SENATE Federal Funds and Grants Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers $0 $1,547,242 $1,547,242 $2,522,685 $2,522,685 $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,383,183 $3,930,425 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $139,502 $139,502 Amount appropriated in this Act $2,522,685 $4,069,927 26.10. After School Care Purpose: Expand the provision of after school care services and draw down TANF maintenance of effort funds. Total Funds $42,000,000 Federal Funds and Grants $14,000,000 Temporary Assistance for Needy Families Block Grant $14,000,000 Other Funds $28,000,000 Other Funds Not Specifically Identified $28,000,000 State Funds $0 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $42,000,000 Remove external Maintenance of Effort (MOE) calculations from the appropriated budget to properly reflect the cash flow to operate the program (Total Funds: $28,000,000). $0 $0 Amount appropriated in this Act $0 $42,000,000 FRIDAY, FEBRUARY 22, 2008 981 26.11. Child and Adolescent Addictive Disease Services Purpose: To provide services to children and adolescents for the safe withdrawal from abused substances and promote a transition to productive living. Total Funds $26,167,929 Federal Funds and Grants $17,217,170 Prevention and Treatment of Substance Abuse Block Grant $14,100,473 Federal Funds Not Specifically Identified $3,116,697 Other Funds $0 State Funds $8,950,759 State General Funds $8,950,759 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $10,864,229 $28,081,399 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($45,193) ($45,193) Transfer state funds from the Direct Care Support Services program to the Child and Adolescent Mental Health Services program to reflect projected decrease in service utilization. ($1,868,277) ($1,868,277) Amount appropriated in this Act $8,950,759 $26,167,929 26.12. Child and Adolescent Developmental Disabilities Services Purpose: To provide evaluation, residential, support, and education services to promote independence for children and adolescents with developmental disabilities. Total Funds $23,394,407 Federal Funds and Grants $5,843,482 Medical Assistance Program $5,843,482 Other Funds $0 State Funds $17,550,925 State General Funds $17,550,925 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 982 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB 95) Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. Reduce funds based on the Department's FY08 TANF spending plan. Amount appropriated in this Act State Funds $17,589,662 ($38,737) $0 $17,550,925 Total Funds $23,921,132 ($38,737) ($487,988) $23,394,407 26.13. Child and Adolescent Forensic Services Purpose: To provide evaluation, treatment and residential services to children and adolescents clients referred by Georgia's criminal justice or corrections system. Total Funds $3,031,968 Federal Funds and Grants $0 Other Funds $0 State Funds $3,031,968 State General Funds $3,031,968 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,038,424 $3,038,424 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($6,456) ($6,456) Amount appropriated in this Act $3,031,968 $3,031,968 26.14. Child and Adolescent Mental Health Services Purpose: To provide evaluation, treatment, crisis stabilization, and residential services to children and adolescents with mental illness. Total Funds $141,183,470 Federal Funds and Grants $5,446,690 Medical Assistance Program $3,117 Community Mental Health Services Block Grant $5,365,824 Federal Funds Not Specifically Identified $77,749 FRIDAY, FEBRUARY 22, 2008 983 Other Funds $51,175,767 Agency Funds $11 Other Funds Not Specifically Identified $51,175,756 State Funds $84,561,013 State General Funds $84,561,013 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $105,062,036 $161,684,493 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($124,819) ($124,819) Transfer state funds from the Child and Adolescent Mental Health Services program to the Adult Mental Health Services program ($12,130,955) and to Direct Care Support Services program ($766,723) to align budget and expenditures. ($12,897,678) ($12,897,678) Transfer state funds for mental health support staff related to the unbundling of Level of Care from the Administration program ($109,145) and the Child Welfare Services program ($412,329) to the Child and Adolescent Mental Health Services program. $521,474 $521,474 Reduce the Child and Adolescent Mental Health Services program budget to reflect a projected decrease in service utilization. ($8,000,000) ($8,000,000) Amount appropriated in this Act $84,561,013 $141,183,470 26.15. Child Care Services Purpose: 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 $206,249,550 Federal Funds and Grants $145,318,409 Social Services Block Grant $90 Child Care & Development Block Grant $24,919,903 CCDF Mandatory & Matching Funds $90,698,416 Federal Funds Not Specifically Identified $29,700,000 984 JOURNAL OF THE SENATE Other Funds $2,500,000 Agency Funds $2,500,000 State Funds $58,431,141 State General Funds $58,431,141 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $58,398,695 $235,917,105 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $32,446 $32,446 Reduce funds to reflect FY08 transfers being prepaid using FY07 funds. $0 ($29,700,001) Amount appropriated in this Act $58,431,141 $206,249,550 26.16. Child Support Services Purpose: Encourage and enforce the parental responsibility of paying financial support. Total Funds $79,215,643 Federal Funds and Grants $54,561,532 Temporary Assistance for Needy Families Block Grant $2,000,000 Social Services Block Grant $120,000 Federal Funds Not Specifically Identified $52,441,532 Other Funds $2,841,500 Agency Funds $2,541,500 Other Funds Not Specifically Identified $300,000 State Funds $21,812,611 State General Funds $21,812,611 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $21,668,683 $77,071,715 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the $143,928 $143,928 FRIDAY, FEBRUARY 22, 2008 985 agency-wide approved plan. Increase funds based on the Department's FY08 TANF spending plan. Amount appropriated in this Act $0 $21,812,611 $2,000,000 $79,215,643 26.17. Child Welfare Services Purpose: Investigate allegations of child abuse abandonment and neglect and to provide services to protect the child and strengthen the family. Total Funds $311,794,193 Federal Funds and Grants $167,521,801 Temporary Assistance for Needy Families Block Grant $103,288,018 Social Services Block Grant $8,264,167 Foster Care Title IV-E $25,278,994 Medical Assistance Program $11,331,449 Community Service Block Grant $4,000 CCDF Mandatory & Matching Funds $817,637 Federal Funds Not Specifically Identified $18,537,536 Other Funds $24,846,326 Agency Funds $13,490,604 Other Funds Not Specifically Identified $11,355,722 State Funds $119,426,066 State General Funds $119,426,066 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $73,149,559 $231,290,374 Provide state funds for the projected deficit in the Child Welfare Services program. $14,083,875 $14,083,875 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $775,834 $775,834 Transfer state funds from the Support for Needy Families - Work Assistance ($6,380,234) and Support for Needy Families - Family Assistance ($8,935,293) programs to the Child Welfare Services program to $15,315,527 $15,315,527 986 JOURNAL OF THE SENATE align the budget and expenditures. Reflect anticipated earning of additional federal funds (Total Funds: $1,203,019). Reflect anticipated earning of Title IV-E Foster Care funding. Transfer state funds from the Child Welfare Services program to the Out-of-Home Care program to properly reflect the initial and annual clothing allowance budget in the correct program. Transfer state funds from the Administration program to the Child Welfare Services program to align budget and expenditures. Transfer state funds for mental health and support staff related to the unbundling of Level of Care from the Child Welfare Services program to the Child and Adolescent Mental Health Services program. Transfer state funds from the Out-of-Home Care program to the Child Welfare Services program to align the budget and expenditures. Reflect projected availability of Temporary Assistance for Needy Families funding. Amount appropriated in this Act $0 $0 ($1,486,400) $1,203,019 $7,000,000 ($1,486,400) $5,000,000 ($412,329) $5,000,000 ($412,329) $13,000,000 $13,000,000 $0 $119,426,066 $26,024,293 $311,794,193 26.18. Direct Care Support Services Purpose: Provide facility support services and direct patient support therapies. Total Funds $172,466,591 Federal Funds and Grants $6,205,532 Medical Assistance Program $6 Federal Funds Not Specifically Identified $6,205,526 Other Funds $43,253,583 Agency Funds $42,019,409 Other Funds Not Specifically Identified $1,234,174 State Funds $117,914,522 State General Funds $117,914,522 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 FRIDAY, FEBRUARY 22, 2008 987 appropriation act: Amount from prior Appropriation Act (HB 95) Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. Provide state funds to improve hospital operations and quality of care. Transfer funds from the Child and Adolescent Mental Health Services program ($766,723), the Adult Addictive Disease Services program ($146,613) and the Child and Adolescent Addictive Disease Services program ($1,868,277) to the Direct Care Support Services program. Amount appropriated in this Act State Funds $108,039,606 ($106,697) Total Funds $162,591,675 ($106,697) $7,200,000 $2,781,613 $7,200,000 $2,781,613 $117,914,522 $172,466,591 26.19. Elder Abuse Investigations and Prevention Purpose: Prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred. Total Funds $17,311,303 Federal Funds and Grants $3,694,557 Social Services Block Grant $2,279,539 Medical Assistance Program $778,063 Federal Funds Not Specifically Identified $636,955 Other Funds $0 State Funds $13,616,746 State General Funds $13,616,746 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $10,200,245 $17,294,802 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $16,501 $16,501 Provide funds to replace previously earned $3,400,000 $0 988 JOURNAL OF THE SENATE Targeted Case Management (TCM) funds for the provision of Adult Protective Services cases. Amount appropriated in this Act $13,616,746 $17,311,303 26.20. Elder Community Living Services Purpose: Provide Georgians who need nursing home level of care the option of remaining in their own communities. Total Funds $119,313,118 Federal Funds and Grants $41,149,138 Social Services Block Grant $3,761,430 Medical Assistance Program $13,598,671 Federal Funds Not Specifically Identified $23,789,037 Other Funds $0 State Funds $78,163,980 Tobacco Funds $3,664,733 State General Funds $74,499,247 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $78,165,981 $119,315,119 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($2,001) ($2,001) Amount appropriated in this Act $78,163,980 $119,313,118 26.21. Elder Support Services Purpose: 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 $9,758,952 Federal Funds and Grants $5,901,407 Federal Funds Not Specifically Identified $5,901,407 Other Funds $0 State Funds $3,857,545 Tobacco Funds $2,527,073 State General Funds $1,330,472 Intra-State Government Transfers $0 FRIDAY, FEBRUARY 22, 2008 989 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,557,708 $9,459,115 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($163) ($163) Provide funds to Meals on Wheels and congregate meals for at risk seniors to replace the loss of federal funds in the Nutrition Services Incentive Program (NSIP). $300,000 $300,000 Amount appropriated in this Act $3,857,545 $9,758,952 26.22. Eligibility Determination Purpose: To promote access to health care for low income families, children, pregnant women and persons who are aged, blind or disabled. Total Funds $75,653,266 Federal Funds and Grants $28,565,198 Medical Assistance Program $28,565,198 Other Funds $4,187,397 Other Funds Not Specifically Identified $4,187,397 State Funds $42,900,671 State General Funds $42,900,671 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $26,942,155 $59,694,750 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $55,610 $55,610 Transfer state funds from the Support for Needy Families - Work Assistance program to the Eligibility Determination program to align the budget and expenditures. $11,924,766 $11,924,766 Transfer state funds from the Out-of-Home Care program to the Eligibility Determination $3,978,140 $3,978,140 990 JOURNAL OF THE SENATE program to align the budget and expenditures. Amount appropriated in this Act $42,900,671 $75,653,266 26.23. Emergency Preparedness/Trauma System Improvement Purpose: Prepare for natural disasters, bioterrorism, and other emergencies, as well as improving the capacity of the state's trauma system. Total Funds $108,865,230 Federal Funds and Grants $42,120,109 Preventive Health and Health Services Block Grant $1,147,504 Federal Funds Not Specifically Identified $40,972,605 Other Funds $0 State Funds $66,745,121 State General Funds $66,745,121 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $13,347,797 $55,467,906 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($5,445) ($5,445) Provide one-time funds for the state Trauma Network Commission for the purposes of reimbursing trauma expenses for Physicians, Emergency Medical Services providers, and hospitals to improve the trauma network. $53,402,769 $53,402,769 Increase funds for trauma related capital equipment, including but not limited to ambulances and emergency helicopters. $0 $0 Amount appropriated in this Act $66,745,121 $108,865,230 26.24. Energy Assistance Purpose: To assist low-income households in meeting their immediate home energy needs. Total Funds $28,665,632 Federal Funds and Grants $24,281,180 Low-Income Home Energy Assistance $24,281,180 Other Funds $4,384,452 FRIDAY, FEBRUARY 22, 2008 991 Other Funds Not Specifically Identified $4,384,452 26.25. Epidemiology Purpose: Monitor, investigate, and respond to disease, injury, and other events of public health concern. Total Funds $10,967,400 Federal Funds and Grants $5,008,425 Medical Assistance Program $205,520 Preventive Health and Health Services Block Grant $196,750 Federal Funds Not Specifically Identified $4,606,155 Other Funds $163,882 Other Funds Not Specifically Identified $163,882 State Funds $5,795,093 Tobacco Funds $115,637 State General Funds $5,679,456 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $6,116,285 $11,288,592 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($21,192) ($21,192) Transfer state funds from the Epidemiology program to the Infant and Child Essential Health Treatment Services program to reflect funding for a sickle cell bus. ($300,000) ($300,000) Amount appropriated in this Act $5,795,093 $10,967,400 26.26. Facility and Provider Regulation Purpose: Inspect and license foster care residential facilities, child placing agencies, long term care and health care facilities. Total Funds $15,172,980 Federal Funds and Grants $7,153,894 Foster Care Title IV-E $287,568 Medical Assistance Program $2,096,076 Federal Funds Not Specifically Identified $4,770,250 992 JOURNAL OF THE SENATE Other Funds $0 State Funds $8,019,086 State General Funds $8,019,086 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $7,995,191 $15,149,085 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $23,895 $23,895 Amount appropriated in this Act $8,019,086 $15,172,980 26.27. Family Violence Services Purpose: Provide safe shelter and related services for victims of family violence. Total Funds $12,550,708 Federal Funds and Grants $7,848,758 Temporary Assistance for Needy Families Block Grant $5,565,244 Preventive Health and Health Services Block Grant $200,470 Federal Funds Not Specifically Identified $2,083,044 Other Funds $0 State Funds $4,701,950 State General Funds $4,701,950 Intra-State Government Transfers $0 26.28. Federal and Unobligated Balances Purpose: Reflect balances of federal funds from prior years. No services are provided. Total Funds $87,618,821 Federal Funds and Grants $87,618,821 TANF Block Grant - Unobligated Balance $87,618,821 Other Funds $0 State Funds $0 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, FEBRUARY 22, 2008 993 Amount from prior Appropriation Act (HB 95) Transfer $39,024,293 in TANF funds from the Federal and Unobligated Balances program to the Out of Home Care program to meet projected expenses. Increase funds to reflect the federal unobligated balance on the ACF-196 submission form as of September 30, 2007. Amount appropriated in this Act State Funds $0 $0 Total Funds $39,024,293 ($65,652,812) $0 $114,247,340 $0 $87,618,821 26.29. Food Stamp Eligibility & Benefits Purpose: To promote the nutritional well being of Georgia's low-income families and children by providing assistance in purchasing groceries. Total Funds $70,569,426 Federal Funds and Grants $31,522,747 Federal Funds Not Specifically Identified $31,522,747 Other Funds $12,409 Other Funds Not Specifically Identified $12,409 State Funds $39,034,270 State General Funds $39,034,270 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $25,547,915 $57,083,071 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $88,045 $88,045 Transfer state funds from the Support for Needy Families - Family Assistance program ($2,564,707) and the Support for Needy Families - Basic Assistance program ($8,715,527) to the Food Stamp Eligibility and Benefits program to align the budget and expenditures. $11,280,234 $11,280,234 Transfer state funds from the Out-of-Home Care program to the Food Stamp Eligibility and Benefits program to align the budget and $2,118,076 $2,118,076 994 JOURNAL OF THE SENATE expenditures. Amount appropriated in this Act $39,034,270 $70,569,426 26.30. Immunization Purpose: Provide immunization, consultation, training, assessment, vaccines, and technical assistance. Total Funds $26,265,441 Federal Funds and Grants $14,566,629 Maternal and Child Health Services Block Grant $6,762,746 Medical Assistance Program $1 Preventive Health and Health Services Block Grant $703,712 Federal Funds Not Specifically Identified $7,100,170 Other Funds $0 State Funds $11,698,812 State General Funds $11,698,812 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $11,725,931 $26,292,560 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($27,119) ($27,119) Amount appropriated in this Act $11,698,812 $26,265,441 26.31. Infant and Child Essential Health Treatment Services Purpose: To avoid unnecessary health problems in later life by providing comprehensive health services to infant and children. Total Funds $66,140,143 Federal Funds and Grants $27,939,201 Maternal and Child Health Services Block Grant $8,086,561 Medical Assistance Program $1,538,372 Preventive Health and Health Services Block Grant $267,356 Federal Funds Not Specifically Identified $18,046,912 FRIDAY, FEBRUARY 22, 2008 995 Other Funds $0 State Funds $38,200,942 State General Funds $38,200,942 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $38,961,028 $66,900,229 Realign local grant in aid funds to reflect expenses by transferring funds from the Infant and Child Essential Health Treatment Services program to the Inspections and Environmental Hazard Control program. ($1,000,000) ($1,000,000) Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($60,086) ($60,086) Transfer state funds from the Epidemiology program to the Infant and Child Essential Health Treatment Services program to reflect funding for a sickle cell bus. $300,000 $300,000 Amount appropriated in this Act $38,200,942 $66,140,143 26.32. Infant and Child Health Promotion Purpose: To provide education and services to promote health and nutrition for infants and children. Total Funds $299,235,913 Federal Funds and Grants $270,426,958 Maternal and Child Health Services Block Grant $3,813,329 Medical Assistance Program $6,364,702 Preventive Health and Health Services Block Grant $2,040,992 Federal Funds Not Specifically Identified $258,207,935 Other Funds $2,289,216 Agency Funds $2,281,919 Other Funds Not Specifically Identified $7,297 State Funds $26,519,739 State General Funds $26,519,739 Intra-State Government Transfers $0 996 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 95) $20,972,559 $293,688,733 Reflect fees collected by the newborn screening program as provided for in HB 1066. $5,600,000 $5,600,000 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $112,368 $112,368 Transfer state funds from the Infant and Child Health Promotion program to the Adolescent and Adult Health Promotion program to accurately reflect salary and health benefit increases from FY 2008. ($165,188) ($165,188) Amount appropriated in this Act $26,519,739 $299,235,913 26.33. Infectious Disease Control Purpose: Ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases. Total Funds $96,965,424 Federal Funds and Grants $56,915,547 Maternal and Child Health Services Block Grant $83,866 Medical Assistance Program $314,131 Federal Funds Not Specifically Identified $56,517,550 Other Funds $150,000 Other Funds Not Specifically Identified $150,000 State Funds $39,899,877 State General Funds $39,899,877 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $39,203,771 $96,123,921 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the ($114,203) ($114,203) FRIDAY, FEBRUARY 22, 2008 997 agency-wide approved plan. Realign local grant-in-aid funds to reflect expenses by transferring funds from the Infectious Disease Control program to the Inspections and Environmental Hazard Control program. Transfer state funds from the Adolescent and Adult Health Promotion to the Infectious Disease Control program to align budget to the program where laboratory activities occur (Total Funds: $668,523). Transfer state funds from the Administration program to the Infectious Disease Control program to fund laboratory administrative positions in the program where activities occur. Amount appropriated in this Act ($500,000) ($500,000) $523,126 $668,523 $787,183 $787,183 $39,899,877 $96,965,424 26.34. Injury Prevention Purpose: To provide education and services to prevent injuries due to suicide, fires, automobile accidents, violence against women, shaken babies, and child accidents. Total Funds $2,354,492 Federal Funds and Grants $1,136,791 Medical Assistance Program $29,425 Preventive Health and Health Services Block Grant $112,005 Federal Funds Not Specifically Identified $995,361 State Funds $1,217,701 Tobacco Funds $150,000 State General Funds $1,067,701 26.35. Inspections and Environmental Hazard Control Purpose: Detect and prevent environmental hazards, as well as providing inspection and enforcement of health regulations for food service establishments, sewage management facilities, and swimming pools. Total Funds $20,324,812 Federal Funds and Grants $1,135,859 Maternal and Child Health Services Block Grant $194,703 Medical Assistance Program $73,122 Preventive Health and Health Services Block $336,772 998 JOURNAL OF THE SENATE Grant Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $531,262 $438,262 $438,262 $18,750,691 $18,750,691 $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $15,025,089 $16,599,210 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($14,750) ($14,750) Transfer state funds from the Administration program to the Inspections and Environmental Hazard Control program to fund Environmental Health Director positions in the program where activities occur. $1,240,352 $1,240,352 Realign local grant in aid funds to reflect expenses by transferring funds from the Adolescent and Adult Health Promotion program ($1,000,000), the Infant and Child Essential Health Treatment Services program ($1,000,000), and the Infectious Disease Control program to the Inspections and Environmental Hazard Control program. $2,500,000 $2,500,000 Amount appropriated in this Act $18,750,691 $20,324,812 26.36. Out-of-Home Care Purpose: Provide safe and appropriate temporary homes for children removed from their families due to neglect, abuse, or abandonment. Total Funds $229,905,219 Federal Funds and Grants $119,585,936 Temporary Assistance for Needy Families Block Grant $90,814,092 Foster Care Title IV-E $24,169,353 Federal Funds Not Specifically Identified $4,602,491 FRIDAY, FEBRUARY 22, 2008 999 Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers $15,372,629 $15,372,629 $94,946,654 $94,946,654 $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $113,680,260 $209,614,532 Transfer state funds from the Out-of-Home Care program to the Child Welfare Services program ($13,000,000), the Eligibility Determination program ($3,978,140), the Food Stamp Eligibility and Benefits program ($2,118,076), and the Adoption Services program ($2,623,790) to align the budget and expenditures. ($21,720,006) ($21,720,006) Transfer state funds from the Support for Needy Families - Basic Assistance program to the Out-of-Home Care program to align the budget and expenditures. $1,500,000 $1,500,000 Transfer state funds from the Child Welfare Services program to the Out-of-Home Care program to properly reflect the initial and annual clothing allowance budget in the correct program. $1,486,400 $1,486,400 Transfer $39,024,293 in TANF funds from the Federal and Unobligated Balances program to the Out of Home Care program to meet projected expenses. $0 $39,024,293 Amount appropriated in this Act $94,946,654 $229,905,219 26.37. Refugee Assistance Purpose: To provide employment, health screening, medical, cash, and social services assistance to refugees. Total Funds $4,734,006 Federal Funds and Grants $4,734,006 Temporary Assistance for Needy Families Block Grant $5,000 Federal Funds Not Specifically Identified $4,729,006 1000 JOURNAL OF THE SENATE 26.38. Substance Abuse Prevention Services Purpose: 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 $21,837,606 Federal Funds and Grants $20,722,841 Prevention and Treatment of Substance Abuse Block Grant $19,978,441 Federal Funds Not Specifically Identified $744,400 Other Funds $0 State Funds $1,114,765 State General Funds $1,114,765 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,128,009 $21,850,850 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($13,244) ($13,244) Amount appropriated in this Act $1,114,765 $21,837,606 26.39. Support for Needy Families - Basic Assistance Purpose: To provide cash assistance to needy families in compliance with Georgia's state plan for the federal Temporary Assistance for Needy Families program. Total Funds $65,752,812 Federal Funds and Grants $65,652,812 TANF Block Grant - Unobligated Balance $65,652,812 Other Funds $0 State Funds $100,000 State General Funds $100,000 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $10,315,527 $87,968,339 Transfer state funds from the Support for Needy Families - Basic Assistance program ($10,215,527) ($10,215,527) FRIDAY, FEBRUARY 22, 2008 1001 to the Out-of-Home Care program ($1,500,000) and the Food Stamp Eligibility and Benefits program ($8,715,527) to align the budget and expenditures. Reduce Temporary Assistance for Needy Families funds in support for Needy Families - Basic Assistance program to reflect a reduction in TANF caseloads (Total Funds: $12,000,000). Amount appropriated in this Act $0 ($12,000,000) $100,000 $65,752,812 26.40. Support for Needy Families - Family Assistance Purpose: 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 $57,977,088 Federal Funds and Grants $49,654,536 Temporary Assistance for Needy Families Block Grant $29,526,128 Medical Assistance Program $1,300,000 Community Service Block Grant $17,185,183 Federal Funds Not Specifically Identified $1,643,225 Other Funds $0 State Funds $8,322,552 State General Funds $8,322,552 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $19,744,139 $67,398,675 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $78,413 $78,413 Transfer funds from the Support for Needy Families - Family Assistance program to the Child Welfare Services program ($8,935,293) and the Food Stamp Eligibility and Benefits program ($2,564,707) to align the budget and expenditures. ($11,500,000) ($11,500,000) Transfer TANF funds from the $0 $2,000,000 1002 JOURNAL OF THE SENATE Administration program to the Support for Needy Families - Family Assistance program to align the budget and expenditures (Total Funds: $2,000,000). Amount appropriated in this Act $8,322,552 $57,977,088 Provided, however, from the appropriation of State General Funds designated above for program 27.40. Support for Needy Families - Family Assistance, the amount of $721,000 is specifically appropriated for this purpose: "Increased rents associated with the relocations of DFCS offices in the following counties: Oconee County, Walton County, Carroll County, Liberty County, and Banks County". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 27.40. Support for Needy Families - Family Assistance above may be use used for this specific purpose as well. 26.41. Support for Needy Families - Work Assistance Purpose: 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 $50,705,374 Federal Funds and Grants $43,010,374 Temporary Assistance for Needy Families Block Grant $40,587,279 Medical Assistance Program $20,000 CCDF Mandatory & Matching Funds $6,500 Federal Funds Not Specifically Identified $2,396,595 Other Funds $0 State Funds $7,695,000 State General Funds $7,695,000 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $26,000,000 $69,010,374 Transfer state funds from the Support for Needy Families - Work Assistance program to the Child Welfare Services program ($6,380,234) and the Eligibility Determination program ($11,924,766) to align the budget and expenditures. ($18,305,000) ($18,305,000) Amount appropriated in this Act $7,695,000 $50,705,374 FRIDAY, FEBRUARY 22, 2008 1003 26.42. Vital Records Purpose: Register, enter, archive and provide to the public in a timely manner, vital records and associated documents. Total Funds $3,713,956 Federal Funds and Grants $904,680 Federal Funds Not Specifically Identified $904,680 Other Funds $0 State Funds $2,809,276 State General Funds $2,809,276 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,830,465 $3,735,145 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($21,189) ($21,189) Amount appropriated in this Act $2,809,276 $3,713,956 The following appropriations are for agencies attached for administrative purposes. 26.43. Brain and Spinal Injury Trust Fund Purpose: 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 $1,968,993 Federal Funds and Grants $0 Other Funds $0 State Funds $1,968,993 Brain and Spinal Injury Trust Fund $1,968,993 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,063,194 $3,063,194 Reflect anticipated revenue collections for the Brain and Injury Trust Fund Commission. ($1,094,201) ($1,094,201) Amount appropriated in this Act $1,968,993 $1,968,993 1004 JOURNAL OF THE SENATE 26.44. Child Fatality Review Panel Purpose: 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 $435,995 Federal Funds and Grants $65,000 Federal Funds Not Specifically Identified $65,000 Other Funds $0 State Funds $370,995 State General Funds $370,995 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $371,297 $436,297 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($302) ($302) Amount appropriated in this Act $370,995 $435,995 26.45. Children's Trust Fund Commission Purpose: Support the establishment of community-based educational and service programs designed to reduce the occurrence of child abuse and neglect. Total Funds $15,807,496 Federal Funds and Grants $658,079 Temporary Assistance for Needy Families Block Grant $250,000 Federal Funds Not Specifically Identified $408,079 Other Funds $7,616,994 Other Funds Not Specifically Identified $7,616,994 State Funds $7,532,423 State General Funds $7,532,423 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $7,532,772 $15,807,845 Redistribute funds for one-time performance- ($349) ($349) FRIDAY, FEBRUARY 22, 2008 1005 based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. Amount appropriated in this Act $7,532,423 $15,807,496 26.46. Council on Aging Purpose: Assist older individuals, at-risk adults, persons with disabilities, their families and caregivers in achieving safe, healthy, independent and self-reliant lives. Total Funds $192,883 Federal Funds and Grants $0 Other Funds $0 State Funds $192,883 State General Funds $192,883 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $193,064 $193,064 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($181) ($181) Amount appropriated in this Act $192,883 $192,883 26.47. Developmental Disabilities, Council on Purpose: Promote quality services and support for people with developmental disabilities and their families. Total Funds $2,319,805 Federal Funds and Grants $2,262,002 Federal Funds Not Specifically Identified $2,262,002 Other Funds $0 State Funds $57,803 State General Funds $57,803 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $58,083 $2,320,085 1006 JOURNAL OF THE SENATE Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. Amount appropriated in this Act ($280) $57,803 ($280) $2,319,805 26.48. Family Connection Purpose: Provide a statewide network of county collaboratives that work to improve conditions for children and families. Total Funds $11,875,220 Federal Funds and Grants $2,468,771 Temporary Assistance for Needy Families Block Grant $1,200,000 Medical Assistance Program $1,268,771 Other Funds $0 State Funds $9,406,449 State General Funds $9,406,449 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $9,406,637 $11,875,408 Redistribute funds for one-time performancebased salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($188) ($188) Amount appropriated in this Act $9,406,449 $11,875,220 26.49. Sexual Offender Review Board Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $336,001 $0 $0 $336,001 $336,001 $0 Section 27: Insurance, Office of the Commissioner of Total Funds Federal Funds and Grants $19,945,408 $954,555 FRIDAY, FEBRUARY 22, 2008 1007 Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $954,555 $97,232 $81,945 $15,287 $18,893,621 $18,893,621 $0 27.1. Administration Purpose: 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 $2,445,169 State Funds $2,445,169 State General Funds $2,445,169 27.2. Enforcement Purpose: Provide legal advice and initiate legal proceedings with regard to enforcement of specific provisions of state law relating to insurance, industrial loan, fire safety and fraud. Total Funds $866,292 State Funds $866,292 State General Funds $866,292 27.3. Fire Safety Purpose: Create a fire safe environment in the state that protects the public from fire and limits the loss of life and property. Total Funds $6,590,972 Federal Funds and Grants $954,555 Federal Funds Not Specifically Identified $954,555 Other Funds $97,232 Agency Funds $81,945 Other Funds Not Specifically Identified $15,287 State Funds $5,539,185 State General Funds $5,539,185 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $5,525,325 $6,577,112 1008 JOURNAL OF THE SENATE Provide funding to replace 1 motor vehicle in excess of 135,000 miles. Amount appropriated in this Act $13,860 $5,539,185 $13,860 $6,590,972 27.3. Industrial Loan Purpose: Protect customers by licensing, regulating, and examining finance companies that provide consumer loans of $3,000 or less. Total Funds $783,968 Federal Funds and Grants $0 Other Funds $0 State Funds $783,968 State General Funds $783,968 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $769,025 $769,025 Provide funding to replace 1 motor vehicle in excess of 135,000 miles. $14,943 $14,943 Amount appropriated in this Act $783,968 $783,968 27.4. Insurance Regulation Purpose: Ensure that licensed insurance entities maintain solvency, comply with state law and adopted rules, regulations, and standards. Total Funds $5,981,530 State Funds $5,981,530 State General Funds $5,981,530 27.5. Special Fraud Purpose: Identify and take appropriate action to deter insurance fraud. Total Funds State Funds State General Funds $3,277,477 $3,277,477 $3,277,477 Section 28: Investigation, Georgia Bureau of Total Funds Federal Funds and Grants $109,039,275 $29,883,487 FRIDAY, FEBRUARY 22, 2008 1009 Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds $29,883,487 $4,887,711 $4,887,711 $74,268,077 $74,268,077 28.1. Administration Purpose: 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 $11,046,485 Federal Funds and Grants $6,812 Federal Funds Not Specifically Identified $6,812 Other Funds $1,434 Other Funds Not Specifically Identified $1,434 State Funds $11,038,239 State General Funds $11,038,239 28.2. Centralized Scientific Services Purpose: Provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence. Total Funds $13,825,143 Other Funds $3,601 Other Funds Not Specifically Identified $3,601 State Funds $13,821,542 State General Funds $13,821,542 28.3. Criminal Justice Information Services Purpose: Provide fingerprint identification and processing of criminal history source documents to create and update criminal history records. Total Funds $10,460,913 Other Funds $2,604 Other Funds Not Specifically Identified $2,604 State Funds $10,458,309 State General Funds $10,458,309 28.4. Georgia Information Sharing and Analysis Center (GISAC) Purpose: The purpose for this appropriation 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 24-hour access to needed information. 1010 JOURNAL OF THE SENATE Total Funds Other Funds Other Funds Not Specifically Identified State Funds State General Funds $891,008 $479 $479 $890,529 $890,529 28.5. Regional Forensic Services Purpose: Provide pathology services to determine cause and manner of death. Total Funds Other Funds Other Funds Not Specifically Identified State Funds State General Funds $8,486,897 $2,255 $2,255 $8,484,642 $8,484,642 28.6. Regional Investigative Services Purpose: Identify, collect, preserve, and process evidence located during crime scene examinations. Total Funds $25,750,276 Other Funds $204,482 Other Funds Not Specifically Identified $204,482 State Funds $25,545,794 State General Funds $25,545,794 28.7. Special Operations Unit Purpose: The purpose of this appropriation is to respond to requests from law enforcement agencies statewide in order to render safe explosive devices of all types, and to assist in the identification, arrest and prosecution of individuals. Total Funds $784,354 Other Funds $200 Other Funds Not Specifically Identified $200 State Funds $784,154 State General Funds $784,154 28.8. State Healthcare Fraud Unit Purpose: Identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. Total Funds $1,169,624 Other Funds $387 Other Funds Not Specifically Identified $387 FRIDAY, FEBRUARY 22, 2008 1011 State Funds State General Funds $1,169,237 $1,169,237 28.9. Task Forces Purpose: Provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces. Total Funds $1,177,946 Other Funds $376 Other Funds Not Specifically Identified $376 State Funds $1,177,570 State General Funds $1,177,570 The following appropriations are for agencies attached for administrative purposes. 28.10. Criminal Justice Coordinating Council Purpose: 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 $35,446,629 Federal Funds and Grants $29,876,675 Federal Funds Not Specifically Identified $29,876,675 Other Funds $4,671,893 Other Funds Not Specifically Identified $4,671,893 State Funds $898,061 State General Funds $898,061 Section 29: Juvenile Justice, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $343,534,932 $2,644,894 $2,644,894 $13,635,165 $506,820 $13,128,345 $327,254,873 $327,254,873 $0 29.1. Administration Purpose: The purpose is to protect and serve the citizens of Georgia by holding youthful 1012 JOURNAL OF THE SENATE offenders accountable for their actions through the delivery of effective services in appropriate settings. Total Funds $28,253,414 Other Funds $202,681 Agency Funds $25,060 Other Funds Not Specifically Identified $177,621 State Funds $28,050,733 State General Funds $28,050,733 29.2. Community Non-Secure Commitment Purpose: 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 communitybased residential placement and/or services for committed youth and non-secure, communitybased placements and/or services for lower-risk youth. Total Funds $54,470,177 Federal Funds and Grants $0 Other Funds $5,002,619 Other Funds Not Specifically Identified $5,002,619 State Funds $49,467,558 State General Funds $49,467,558 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $46,669,391 $56,672,010 Transfer state funds from the Community Non-Secure Services program to the Secure Commitment program ($1,068,413), and to the Secure Detention program ($1,400,000) to provide adequate secure facility capacity. ($2,468,413) ($2,468,413) Reflect projected loss of other funds due to revisions of the administrative rules related to Institutional Foster Care. $0 ($5,000,000) Provide state funds to fully operate the Institutional Foster Care system as required by revised federal administrative rules ($5,000,000) and meet projected expenses ($266,580). $5,266,580 $5,266,580 Amount appropriated in this Act $49,467,558 $54,470,177 FRIDAY, FEBRUARY 22, 2008 1013 29.3. Community Supervision Purpose: Protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens. Total Funds $54,827,574 Other Funds $4,298,927 Other Funds Not Specifically Identified $4,298,927 State Funds $50,528,647 State General Funds $50,528,647 29.4. Secure Commitment (YDCs) Purpose: Protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth. Total Funds $98,031,190 Federal Funds and Grants $892,894 Federal Funds Not Specifically Identified $892,894 Other Funds $2,100,842 Agency Funds $368,784 Other Funds Not Specifically Identified $1,732,058 State Funds $95,037,454 State General Funds $95,037,454 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $93,969,041 $96,962,777 Transfer state funds from the Community Non-Secure Services program to the Secure Commitment program ($1,068,413), and to the Secure Detention program ($1,400,000) to provide adequate secure facility capacity. $1,068,413 $1,068,413 Amount appropriated in this Act $95,037,454 $98,031,190 29.5. Secure Detention (RYDCs) Purpose: Protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth. Total Funds $104,779,629 Federal Funds and Grants $0 Other Funds $2,030,096 Agency Funds $112,976 1014 JOURNAL OF THE SENATE Other Funds Not Specifically Identified $1,917,120 State Funds $102,749,533 State General Funds $102,749,533 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $101,362,633 $103,392,729 Transfer state funds from the Community Non-Secure Services program to the Secure Commitment program ($1,068,413), and to the Secure Detention program ($1,400,000) to provide adequate secure facility capacity. $1,400,000 $1,400,000 Transfer state funds from the Secure Detention program to the Children and Youth Coordinating Council to appropriately align funds with the FY 2008 pay raise. ($13,100) ($13,100) Amount appropriated in this Act $102,749,533 $104,779,629 The following appropriations are for agencies attached for administrative purposes. 29.6. Children and Youth Coordinating Council Purpose: Assist local communities in preventing and reducing juvenile delinquency. Total Funds $3,172,948 Federal Funds and Grants $1,752,000 Federal Funds Not Specifically Identified $1,752,000 Other Funds $0 State Funds $1,420,948 State General Funds $1,420,948 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,407,848 $3,159,848 Transfer funds from Department of Juvenile Justice to appropriately align funds with the FY 2008 pay raise. $13,100 $13,100 Amount appropriated in this Act $1,420,948 $3,172,948 FRIDAY, FEBRUARY 22, 2008 1015 Section 30: Labor, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $353,512,438 $260,232,588 $260,232,588 $31,298,678 $500,000 $30,798,678 $55,081,172 $55,081,172 $6,900,000 $6,900,000 There is appropriated to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to and in accordance with Section 903 of the Social Security Act, as amended, an additional amount of $1,885,551.11. Of said additional amount, the sum of $1,885,511.11 is authorized to be allocated for expenses incurred in the administration of Chapter 8 of Title 34 of the Official Code of Georgia Annoted, the "Employment Security Law" as amended, including personal services and operating and other expenses incurred in the administration of said law, as well as for the purchase or rental, either or both, of improvements, repairs, or alterations to and of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, technology, data, reports and studies, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenance, improvements, repairs, or alterations of and to such real or personal property. Notwithstanding any other provision of this section, the amount appropriated in this section shall not exceed the amount in the Unemployment Trust Fund, which may be obligated for expenditure for such purposes as provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and the amount which may be obligated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund; provided, however, that said additional funds shall not be obligated for expenditure, as provided in this section, after the close of the two-year period which begins on the date of enactment of this section. 30.1. Administration - Department of Labor Purpose: Work with public and private partners in building a world-class workforce system that contributes to Georgia's economic prosperity. Total Funds $14,087,612 Federal Funds and Grants $10,607,019 Federal Funds Not Specifically Identified $10,607,019 State Funds $3,480,593 1016 JOURNAL OF THE SENATE State General Funds $3,480,593 30.2. Administration - Division of Rehabilitation Purpose: Help people with disabilities to become fully productive members of society by achieving independence and meaningful employment. Total Funds $3,679,770 Federal Funds and Grants $1,383,518 Federal Funds Not Specifically Identified $1,383,518 State Funds $2,296,252 State General Funds $2,296,252 30.3. Business Enterprise Program Purpose: Assist people who are blind in becoming successful contributors to the state's economy. Total Funds $1,757,604 Federal Funds and Grants $1,316,085 Federal Funds Not Specifically Identified $1,316,085 State Funds $441,519 State General Funds $441,519 30.4. Commission on Women Purpose: Advance the health, education, economic, social, and legal status of women in Georgia. Total Funds $93,172 State Funds $93,172 State General Funds $93,172 30.5. Disability Adjudication Section Purpose: Efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. Total Funds $55,598,820 Federal Funds and Grants $55,598,820 Federal Funds Not Specifically Identified $55,598,820 30.6. Georgia Industries for the Blind Purpose: Employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. Total Funds $12,159,221 Federal Funds and Grants $0 FRIDAY, FEBRUARY 22, 2008 1017 Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $11,599,375 $500,000 $11,099,375 $559,846 $559,846 $0 30.7. Labor Market Information Purpose: Collect, analyze, and publish a wide array of information about the state's labor market. Total Funds $2,993,819 Federal Funds and Grants $2,249,873 Federal Funds Not Specifically Identified $2,249,873 State Funds $743,946 State General Funds $743,946 30.8. Roosevelt Warm Springs Institute Purpose: Empower individuals with disabilities to achieve personal independence. Total Funds $32,395,427 Federal Funds and Grants $6,447,042 Federal Funds Not Specifically Identified $6,447,042 Other Funds $18,893,087 Other Funds Not Specifically Identified $18,893,087 State Funds $7,055,298 State General Funds $7,055,298 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $7,183,148 $32,523,277 Reduce funds for four unfilled new positions and operating expenses due to the delay in opening the outpatient clinic at Blanchard Hall. ($127,850) ($127,850) Amount appropriated in this Act $7,055,298 $32,395,427 30.9. Safety Inspections Purpose: Promote and protect public safety, provide training and information on workplace 1018 JOURNAL OF THE SENATE exposure to hazardous chemicals, and promote industrial safety. Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds $3,102,084 $168,552 $168,552 $2,933,532 $2,933,532 30.10. Unemployment Insurance Purpose: Enhance Georgia's economic strength by collecting unemployment insurance taxes from Georgia's employers and distributing unemployment benefits to eligible claimants. Total Funds $47,691,819 Federal Funds and Grants $36,580,349 Federal Funds Not Specifically Identified $36,580,349 State Funds $11,111,470 State General Funds $11,111,470 30.11. Vocational Rehabilitation Program Purpose: Assist people with disabilities so that they may go to work. Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $86,141,780 $65,667,153 $65,667,153 $806,216 $806,216 $17,968,411 $17,968,411 $1,700,000 $1,700,000 30.12. Workforce Development Purpose: Assist employers and job seekers with job matching services and promote economic growth and development. Total Funds $93,811,310 Federal Funds and Grants $80,214,177 Federal Funds Not Specifically Identified $80,214,177 State Funds $8,397,133 State General Funds $8,397,133 Intra-State Government Transfers $5,200,000 Other Intra-State Government Payments $5,200,000 FRIDAY, FEBRUARY 22, 2008 1019 Section 31: Law, Department of Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $55,273,044 $0 $36,826,240 $36,826,240 $18,446,804 $18,446,804 $0 31.1. Law Purpose: To serve the citizens of the State of Georgia by providing legal representation of the highest quality to the agencies, officers, and employees of state government. Total Funds $55,273,044 Federal Funds and Grants $0 Other Funds $36,826,240 Other Funds Not Specifically Identified $36,826,240 State Funds $18,446,804 State General Funds $18,446,804 Intra-State Government Transfers $0 Section 32: State Personnel Administration Total Funds $13,728,359 Intra-State Government Transfers $13,728,359 Other Intra-State Government Payments $13,728,359 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. 32.1. Administration Purpose: The purpose is to provide administrative and technical support to the agency. Total Funds $4,308,348 Intra-State Government Transfers $4,308,348 Other Intra-State Government Payments $4,308,348 32.2. Recruitment and Staffing Services Purpose: Provide a central point of contact for the general public. Total Funds Intra-State Government Transfers Other Intra-State Government Payments $1,264,485 $1,264,485 $1,264,485 1020 JOURNAL OF THE SENATE 32.3. Total Compensation and Rewards Purpose: Ensure fair and consistent employee compensation practices across state agencies. Total Funds $4,322,865 Intra-State Government Transfers $4,322,865 Other Intra-State Government Payments $4,322,865 32.4. Workforce Development and Alignment Purpose: Provide continuous opportunities for state employees to grow and develop professionally, resulting in increased productivity for state agencies and entities. Total Funds $3,832,661 Intra-State Government Transfers $3,832,661 Other Intra-State Government Payments $3,832,661 Section 33: Natural Resources, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $171,911,317 $9,996,755 $9,996,755 $22,117,661 $21,671,302 $446,359 $136,855,764 $136,855,764 $2,941,137 $2,941,137 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 18 of 20 years; last payment being made June 15th, 2010, Jekyll Island State Park Authority - $260,844 for year 19 of 20 years; last payment being made June 15th, 2009, Jekyll Island Convention Center and Golf Course - $579,346 for year 14 of 20 years; last payment being made June 15th, 2014 and North Georgia Mountains Authority $1,434,982 for year 14 of 20 years; last payment being made June 15th, 2014. FRIDAY, FEBRUARY 22, 2008 1021 33.1. Administration Purpose: The purpose of the program is to provide administrative support for all programs of the department. Total Funds $10,735,754 Federal Funds and Grants $0 Other Funds $0 State Funds $10,735,754 State General Funds $10,735,754 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $10,180,372 $10,180,372 Move Contractual Services state funds from Wildlife Resources and Environmental Protection to offset the state funds reduction taken in Administration in the FY-2008 Appropriations Bill for savings on Legal Fees to be paid to the Law Department. $555,382 $555,382 Amount appropriated in this Act $10,735,754 $10,735,754 33.2. Coastal Resources Purpose: 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 $4,358,393 Federal Funds and Grants $170,862 Federal Funds Not Specifically Identified $170,862 State Funds $4,187,531 State General Funds $4,187,531 33.3. Environmental Protection Purpose: 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 $40,613,997 Federal Funds and Grants $3,363,161 Federal Funds Not Specifically Identified $3,363,161 Other Funds $6,797,557 1022 JOURNAL OF THE SENATE Agency Funds $6,732,557 Other Funds Not Specifically Identified $65,000 State Funds $30,453,279 State General Funds $30,453,279 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $30,969,784 $41,130,502 Move Contractual Services state funds from Wildlife Resources and Environmental Protection to offset the state funds reduction taken in Administration in the FY-2008 Appropriations Bill for savings on Legal Fees to be paid to the Law Department. ($516,505) ($516,505) Amount appropriated in this Act $30,453,279 $40,613,997 33.4. Hazardous Waste Trust Fund Purpose: Investigate and clean up abandoned hazardous sites. Total Funds $13,900,000 Federal Funds and Grants $0 Other Funds $0 State Funds $13,900,000 State General Funds $13,900,000 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $7,600,000 $7,600,000 Increase funding for the Hazardous Waste Trust Fund program for cleanup of local government landfills and abandoned hazardous sites. $6,300,000 $6,300,000 Amount appropriated in this Act $13,900,000 $13,900,000 33.5. Historic Preservation Purpose: Identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations. FRIDAY, FEBRUARY 22, 2008 1023 Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds $2,626,950 $490,000 $490,000 $2,136,950 $2,136,950 33.6. Land Conservation Purpose: Provide a framework within which developed and rapidly developing counties and their municipalities can preserve community green space. Total Funds $509,496 State Funds $509,496 State General Funds $509,496 33.7. Parks, Recreation and Historic Sites Purpose: Increase public awareness of the opportunities at state parks and historic sites throughout Georgia. Total Funds $43,012,069 Federal Funds and Grants $845,941 Federal Funds Not Specifically Identified $845,941 Other Funds $14,938,745 Agency Funds $14,938,745 State Funds $24,286,246 State General Funds $24,286,246 Intra-State Government Transfers $2,941,137 Other Intra-State Government Payments $2,941,137 33.8. Pollution Prevention Assistance Purpose: Reduce pollution by providing non-regulatory assistance. Total Funds Other Funds Other Funds Not Specifically Identified State Funds State General Funds $119,988 $103,913 $103,913 $16,075 $16,075 33.9. Solid Waste Trust Fund Purpose: Administer the Scrap Tire Management Program, enable emergency, preventative, and corrective actions at solid waste disposal facilities, and promote statewide recycling and waste reduction programs. Total Funds $6,000,000 1024 JOURNAL OF THE SENATE State Funds State General Funds $6,000,000 $6,000,000 33.10. Wildlife Resources Purpose: Regulate hunting, fishing, and the operation of watercraft in Georgia, protect nongame and endangered wildlife, and maintain public education and law enforcement programs. Total Funds $46,140,151 Federal Funds and Grants $5,126,791 Federal Funds Not Specifically Identified $5,126,791 Other Funds $277,446 Other Funds Not Specifically Identified $277,446 State Funds $40,735,914 State General Funds $40,735,914 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $40,774,791 $46,179,028 Move Contractual Services state funds from Wildlife Resources and Environmental Protection to offset the state funds reduction taken in Administration in the FY-2008 Appropriations Bill for savings on Legal Fees to be paid to the Law Department. ($38,877) ($38,877) Amount appropriated in this Act $40,735,914 $46,140,151 The following appropriations are for agencies attached for administrative purposes. 33.11. Payments to Georgia Agricultural Exposition Authority Purpose: 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 $2,244,904 State Funds $2,244,904 State General Funds $2,244,904 33.12. Payments to Georgia Agrirama Development Authority Purpose: Collect, display, and preserve material culture of Georgia's agriculture and rural history and present to the general public and school groups. FRIDAY, FEBRUARY 22, 2008 1025 Total Funds State Funds State General Funds $1,177,651 $1,177,651 $1,177,651 33.13. Payments to Lake Allatoona Preservation Authority Purpose: Provide operating funds for and to the Lake Allatoona Preservation Authority. Total Funds $100,000 State Funds $100,000 State General Funds $100,000 33.14. Payments to Southwest Georgia Railroad Excursion Authority Purpose: Provide operating funds for and 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 34: Pardons and Paroles, State Board of Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $55,612,881 $0 $0 $55,612,881 $55,612,881 $0 34.1. Administration Purpose: To provide administrative support for the agency. Total Funds $5,963,960 Federal Funds and Grants $0 Other Funds $0 State Funds $5,963,960 State General Funds $5,963,960 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $5,974,389 $5,974,389 1026 JOURNAL OF THE SENATE Transfer funding for the Clemency Online Navigation System (CONS) scanner operator positions from the Administration program to the Clemency program. Amount appropriated in this Act ($10,429) $5,963,960 ($10,429) $5,963,960 34.2. Clemency Purpose: Investigate offenders when they enter the corrections system and make determinations about offender eligibility for parole. Total Funds $10,994,951 Federal Funds and Grants $0 Other Funds $0 State Funds $10,994,951 State General Funds $10,994,951 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $10,935,172 $10,935,172 Transfer funding for the CONS scanner operator positions from the Administration program to the Clemency program. $10,429 $10,429 Transfer funding from the Parole Supervision program to the Clemency program to meet anticipated expenditures. $49,350 $49,350 Amount appropriated in this Act $10,994,951 $10,994,951 34.3. Parole Supervision Purpose: To transition offenders from prison back into the community as productive, law abiding citizens. Total Funds $38,100,624 Federal Funds and Grants $0 Other Funds $0 State Funds $38,100,624 State General Funds $38,100,624 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, FEBRUARY 22, 2008 1027 Amount from prior Appropriation Act (HB 95) Transfer funding from the Parole Supervision program to the Clemency program to meet anticipated expenditures. Amount appropriated in this Act State Funds $38,149,974 ($49,350) $38,100,624 Total Funds $38,149,974 ($49,350) $38,100,624 34.4. Victims Services Purpose: Provide notification to victims of changes in offender status or placement, to conduct outreach and information gathering from victims during clemency proceedings and generally to act as a liaison to victims for the state corrections system. Total Funds $553,346 State Funds $553,346 State General Funds $553,346 Section 35: Properties Commission, State Total Funds Other Funds Other Funds Not Specifically Identified State Funds State General Funds $2,249,895 $999,895 $999,895 $1,250,000 $1,250,000 35.1. Leasing Purpose: Help state government meet its current need for office space and plan for future needs as business goals and operations change. Total Funds $406,637 Other Funds $406,637 Other Funds Not Specifically Identified $406,637 35.2. State Properties Commission Purpose: 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 $593,258 Other Funds $593,258 Other Funds Not Specifically Identified $593,258 The following appropriations are for agencies attached for administrative purposes. 1028 JOURNAL OF THE SENATE 35.3. Payments to Georgia Building Authority Purpose: The purpose of this appropriation is to provide maintenance, repairs, and preparatory work on property owned by the Georgia Building Authority. Total Funds $1,250,000 State Funds $1,250,000 State General Funds $1,250,000 Section 36: Public Defender Standards Council, Georgia Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $43,952,362 $0 $4,835,038 $4,835,038 $39,117,324 $39,117,324 $0 36.1. Public Defender Standards Council Purpose: The purpose of this appropriation is to fund the Office for the Georgia Capital Defender, Office of the Mental Health Advocate and Central Office. Total Funds $9,697,175 Federal Funds and Grants $0 Other Funds $2,775,048 Other Funds Not Specifically Identified $2,775,048 State Funds $6,922,127 State General Funds $6,922,127 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $5,930,028 $8,705,076 Provide additional funds for indigent defense cases that are assigned to private attorneys due to a conflict of interest to address backlog of over 10,000 pending cases. $992,099 $992,099 Amount appropriated in this Act $6,922,127 $9,697,175 36.2. Public Defenders Purpose: The purpose is to assure that adequate and effective legal representation is provided, independently of political considerations or private interests, to indigent persons FRIDAY, FEBRUARY 22, 2008 1029 who are entitled to representation under this chapter; provided that staffing for circuits are based on O.C.G.A. 17-12. Total Funds $34,255,187 Federal Funds and Grants $0 Other Funds $2,059,990 Other Funds Not Specifically Identified $2,059,990 State Funds $32,195,197 State General Funds $32,195,197 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $29,500,112 $31,560,102 Provide additional funds for indigent defense cases that are assigned to private attorneys due to a conflict of interest to address backlog of over 10,000 pending cases. $2,695,085 $2,695,085 Amount appropriated in this Act $32,195,197 $34,255,187 Section 37: Public Safety, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $140,168,014 $8,328,935 $8,328,935 $9,382,406 $877,160 $8,505,246 $122,456,673 $122,456,673 $0 37.1. Administration Purpose: Work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state. Total Funds $9,434,931 State Funds $9,434,931 State General Funds $9,434,931 1030 JOURNAL OF THE SENATE 37.2. Aviation Purpose: 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 $2,856,518 Federal Funds and Grants $0 Other Funds $0 State Funds $2,856,518 State General Funds $2,856,518 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,630,550 $2,630,550 Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. $225,968 $225,968 Amount appropriated in this Act $2,856,518 $2,856,518 37.3. Capitol Police Services Purpose: Protect life and property, prevent and detect criminal acts, and enforce traffic regulations throughout the Capitol Hill area. Total Funds $3,151,435 Other Funds $3,151,435 Other Funds Not Specifically Identified $3,151,435 37.4. Executive Security Services Purpose: Provide facility security for the Governor's Mansion and personal security for its residents, and provide continual security for the Governor, the Lieutenant Governor, the Speaker of the House and their families. Total Funds $1,484,911 Federal Funds and Grants $0 Other Funds $0 State Funds $1,484,911 State General Funds $1,484,911 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB $1,467,064 $1,467,064 FRIDAY, FEBRUARY 22, 2008 1031 95) Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. Amount appropriated in this Act $17,847 $1,484,911 $17,847 $1,484,911 37.5. Field Offices and Services Purpose: Reduce drug trafficking in the State of Georgia by networking with other state, federal and local law enforcement agencies. Total Funds $79,284,436 Federal Funds and Grants $0 Other Funds $0 State Funds $79,284,436 State General Funds $79,284,436 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $78,566,545 $78,566,545 Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. ($506,109) ($506,109) Increase funds for the replacement of 34 high mileage pursuit vehicles. $1,224,000 $1,224,000 Amount appropriated in this Act $79,284,436 $79,284,436 Provided, however, from the appropriation of State General Funds designated above for program 37.5. Field Offices and Services, the amount of $250,000 is specifically appropriated for this purpose: "Increase contract for training at the North Central Law Enforcement Academy. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 37.5. Troop and Post Operations above may be use used for this specific purpose as well. 37.6. Motor Carrier Compliance Purpose: Provide safety and compliance enforcement for commercial motor carriers, school buses, large passenger vehicles, and ensure enforcement of High Occupancy Vehicle lane use restrictions. Total Funds $17,602,364 Federal Funds and Grants $5,161,998 Federal Funds Not Specifically Identified $5,161,998 Other Funds $4,596,898 1032 JOURNAL OF THE SENATE Other Funds Not Specifically Identified State Funds State General Funds $4,596,898 $7,843,468 $7,843,468 37.7. Specialized Collision Reconstruction Team (SCRT) Purpose: 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 $2,767,222 Federal Funds and Grants $0 Other Funds $0 State Funds $2,767,222 State General Funds $2,767,222 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,517,279 $2,517,279 Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. $249,943 $249,943 Amount appropriated in this Act $2,767,222 $2,767,222 37.8. Troop J Specialty Units Purpose: Support the Forensics Science Division of the Georgia Bureau of Investigation by overseeing and maintaining the entire breath-alcohol program. Total Funds $2,472,655 Federal Funds and Grants $0 Other Funds $0 State Funds $2,472,655 State General Funds $2,472,655 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,460,304 $2,460,304 Redistribute funds for the special law enforcement salary increase between $12,351 $12,351 FRIDAY, FEBRUARY 22, 2008 1033 programs to reflect projected expenditures. Amount appropriated in this Act $2,472,655 $2,472,655 The following appropriations are for agencies attached for administrative purposes. 37.9. Firefighter Standards and Training Council Purpose: Provide professionally trained, competent and ethical firefighters with the proper equipment and facilities to ensure a fire safe environment for our citizens and establish professional standards for fire service training including consulting, testing and certification of Georgia firefighters. Total Funds $905,403 State Funds $905,403 State General Funds $905,403 37.10. Office of Highway Safety Purpose: Educate the public on highway safety issues and facilitate the implementation of programs to reduce crashes, injuries and fatalities on Georgia roadways. Total Funds $3,688,232 Federal Funds and Grants $3,166,937 Federal Funds Not Specifically Identified $3,166,937 State Funds $521,295 State General Funds $521,295 37.11. Peace Officers Standards and Training Council (POST) Purpose: Set standards for the law enforcement community; ensure adequate training at the highest level for all of Georgia's law enforcement officers and public safety professionals; and certify individuals when all requirements are met. Investigate officers and public safety professionals when an allegation of unethical/illegal conduct is made; sanction these individuals' by disciplining officers and public safety professionals when necessary. Total Funds $2,126,893 State Funds $2,126,893 State General Funds $2,126,893 37.12. Public Safety Training Center Purpose: Develop, deliver and facilitate training that results in professional and competent public safety services for the people of Georgia. Total Funds $14,393,014 Other Funds $1,634,073 Agency Funds $877,160 Other Funds Not Specifically Identified $756,913 1034 JOURNAL OF THE SENATE State Funds State General Funds $12,758,941 $12,758,941 Section 38: Public Service Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds $10,414,190 $449,000 $449,000 $9,965,190 $9,965,190 38.1. Administration Purpose: Assist the Commissioners and staff in achieving the agency's goals. Total Funds State Funds State General Funds $1,258,488 $1,258,488 $1,258,488 38.2. Facility Protection Purpose: Provide for the protection of the buried utility facility infrastructure within the State of Georgia. Total Funds $1,302,658 Federal Funds and Grants $449,000 Federal Funds Not Specifically Identified $449,000 State Funds $853,658 State General Funds $853,658 38.3. Utilities Regulation Purpose: Regulate intrastate telecommunications, natural gas, and electric utilities. Total Funds $7,853,044 State Funds $7,853,044 State General Funds $7,853,044 Section 39: Regents, University System of Georgia Total Funds Federal Funds and Grants Other Funds Agency Funds Research Funds Other Funds Not Specifically Identified $5,084,687,660 $0 $2,942,009,923 $1,475,860,104 $1,461,873,604 $4,276,215 FRIDAY, FEBRUARY 22, 2008 1035 State Funds Tobacco Funds State General Funds Intra-State Government Transfers $2,142,677,737 $20,337,799 $2,122,339,938 $0 39.1. Agricultural Experiment Station Purpose: Improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competitiveness. Total Funds $75,377,483 Other Funds $32,441,262 Agency Funds $10,441,262 Research Funds $22,000,000 State Funds $42,936,221 State General Funds $42,936,221 39.2. Advanced Technology Development Center/Economic Development Institute Purpose: Provide strategic business advice and connect its member companies to the people and resources they need to succeed. Total Funds $27,974,712 Other Funds $12,875,000 Agency Funds $12,875,000 State Funds $15,099,712 State General Funds $15,099,712 39.3. Athens/Tifton Veterinary Laboratories Purpose: Ensure the safety of our food supply and the health of animals (production, equine, and companion) within the state of Georgia. Total Funds $4,882,330 Other Funds $4,820,138 Research Funds $4,820,138 State Funds $62,192 State General Funds $62,192 39.4. Cooperative Extension Service Purpose: Enhance the quality of life for Georgia's citizens through service, learning and the adaptation of research-based information. Total Funds $58,486,061 Federal Funds and Grants $0 Other Funds $23,094,137 1036 JOURNAL OF THE SENATE Agency Funds $10,094,137 Research Funds $13,000,000 State Funds $35,391,924 State General Funds $35,391,924 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $35,391,924 $58,486,061 Reduce one-time funds received for the Formosan Termite Project. $0 $0 Amount appropriated in this Act $35,391,924 $58,486,061 39.5. Forestry Cooperative Extension Purpose: Provide conservation and sustainable management of forests and other natural resources and to put into practice forestry and natural resources knowledge. Total Funds $987,793 Other Funds $300,405 Research Funds $200,000 Other Funds Not Specifically Identified $100,405 State Funds $687,388 State General Funds $687,388 39.6. Forestry Research Purpose: Sustain competitiveness of Georgia's forest products industry and private land owners through research and meet the environmental goals of Sustainable Forestry Initiative. Total Funds $5,826,331 Other Funds $2,550,000 Research Funds $2,000,000 Other Funds Not Specifically Identified $550,000 State Funds $3,276,331 State General Funds $3,276,331 39.7. Georgia Eminent Scholars Endowment Trust Fund Purpose: 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 Funds $500,000 FRIDAY, FEBRUARY 22, 2008 1037 State Funds State General Funds $500,000 $500,000 39.8. Georgia Radiation Therapy Center Purpose: Provide patient care and education. Total Funds Other Funds Other Funds Not Specifically Identified $3,625,810 $3,625,810 $3,625,810 39.9. Georgia Tech Research Institute Purpose: Aid in the promotion of scientific, engineering, and industrial research for the advancement of science, technology, and education in Georgia. Total Funds $141,786,385 Other Funds $133,917,958 Research Funds $133,917,958 State Funds $7,868,427 State General Funds $7,868,427 39.10. Marine Extension Services Purpose: Transfer technology, provide training, and conduct applied research. Total Funds Other Funds Agency Funds Research Funds State Funds State General Funds $2,761,521 $1,184,800 $584,800 $600,000 $1,576,721 $1,576,721 39.11. Marine Institute Purpose: Understand the processes that affect the condition of the salt marsh and coastline. Total Funds $1,731,994 Other Funds $767,633 Agency Funds $67,633 Research Funds $700,000 State Funds $964,361 State General Funds $964,361 39.12. Medical College of Georgia Hospitals and Clinics Purpose: Care for, teach, and refer clients. 1038 JOURNAL OF THE SENATE Total Funds State Funds State General Funds $33,181,112 $33,181,112 $33,181,112 39.13. Office of Minority Business Enterprises Purpose: Provide assistance in the mitigation of factors that place minority businesses in a disadvantaged position. Total Funds $884,273 State Funds $884,273 State General Funds $884,273 39.14. Public Libraries Purpose: Provide library services for Georgians and to award grants from the Public Library Fund. Total Funds $45,518,501 Federal Funds and Grants $0 Other Funds $4,522,400 Agency Funds $4,522,400 State Funds $40,996,101 State General Funds $40,996,101 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $41,015,101 $45,537,501 Reduce one-time funds received for the Three Rivers Regional Library in Glynn County. ($19,000) ($19,000) Amount appropriated in this Act $40,996,101 $45,518,501 39.15. Public Service/Special Funding Initiatives Purpose: Provide leadership, service, and education. Total Funds Federal Funds and Grants Other Funds State Funds Tobacco Funds State General Funds Intra-State Government Transfers $45,906,344 $0 $0 $45,906,344 $5,000,000 $40,906,344 $0 FRIDAY, FEBRUARY 22, 2008 1039 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $46,081,344 $46,081,344 Remove funding earmarked for the Georgia Water Planning and Policy Center at Albany State University. ($130,000) ($130,000) Remove funding for the Washington Center for Internships and Academic Seminars. ($45,000) ($45,000) Reduce one-time funds received for business plans to support the incorporation efforts of Chattahoochee Hills and the City of South Fulton. $0 $0 Amount appropriated in this Act $45,906,344 $45,906,344 39.16. Regents Central Office Purpose: Provide administrative support to all colleges and universities in the university system. Total Funds $7,683,800 State Funds $7,683,800 State General Funds $7,683,800 39.17. Research Consortium Purpose: Conduct research to further industry in the State of Georgia. Total Funds State Funds Tobacco Funds State General Funds $36,745,015 $36,745,015 $750,000 $35,995,015 39.18. Skidaway Institute of Oceanography Purpose: Provide a center of excellence in marine and ocean science research which expands the body of knowledge on marine environments. Total Funds $6,470,710 Other Funds $4,758,000 Agency Funds $1,145,000 Research Funds $3,613,000 State Funds $1,712,710 State General Funds $1,712,710 1040 JOURNAL OF THE SENATE 39.19. Student Education Enrichment Program Purpose: Provide underrepresented Georgia residents the opportunity to acquire educational experiences. Total Funds $314,737 State Funds $314,737 State General Funds $314,737 39.20. Teaching Purpose: 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 $4,537,736,344 Federal Funds and Grants $0 Other Funds $2,710,452,380 Agency Funds $1,429,429,872 Research Funds $1,281,022,508 State Funds $1,827,283,964 State General Funds $1,827,283,964 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,820,227,086 $4,530,679,466 Adjust debt service payback amount for the Olympic dorms at Georgia Tech ($4,456,033) and Georgia State University ($3,375,845). $7,831,878 $7,831,878 Remove funding for outdoor education at Middle Georgia College. ($375,000) ($375,000) Remove funding for roof repairs, office supplies and furniture at the Cordele campus of Darton College. ($75,000) ($75,000) Remove funding for administration costs at Valdosta State University associated with the creation of a charter school. ($125,000) ($125,000) Reduce one-time funds received for the Fort Valley Cooperative Energy program. ($100,000) ($100,000) Reduce one-time funds received for the physical education addition at Kennesaw State University. ($100,000) ($100,000) Amount appropriated in this Act $1,827,283,964 $4,537,736,344 FRIDAY, FEBRUARY 22, 2008 1041 39.21. Veterinary Medicine Experiment Station Purpose: Coordinate and conduct research on animal disease problems of present and potential concern to Georgia's livestock and poultry industries. Total Funds $3,384,254 State Funds $3,384,254 State General Funds $3,384,254 39.22. Veterinary Medicine Teaching Hospital Purpose: Provide state of the art capabilities in diagnostic imaging, including MRI, CT scanning, nuclear scintigraphy, and various methods of ultrasonography. Total Funds $7,202,585 Other Funds $6,700,000 Agency Funds $6,700,000 State Funds $502,585 State General Funds $502,585 The following appropriations are for agencies attached for administrative purposes. 39.23. Payments to Georgia Military College Purpose: Provide Quality Basic Education (QBE) funding for grades 6-12. Total Funds $3,062,152 State Funds $3,062,152 State General Funds $3,062,152 39.24. Payments to Georgia Public Telecommunications Commission Purpose: 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 $18,069,614 State Funds $18,069,614 State General Funds $18,069,614 39.25. Payments to the Georgia Cancer Coalition Purpose: Provide funds to the Georgia Cancer Coalition for ongoing research and preventative measures. Total Funds $14,587,799 State Funds $14,587,799 Tobacco Funds $14,587,799 Section 40: Revenue, Department of Total Funds $562,980,315 1042 JOURNAL OF THE SENATE Federal Funds and Grants Other Funds Agency Funds Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers $0 $7,005,348 $5,925,898 $1,079,450 $555,974,967 $150,000 $555,824,967 $0 40.1. Administration Purpose: 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 $4,070,980 State Funds $4,070,980 State General Funds $4,070,980 40.2. Customer Service Purpose: 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 $13,399,351 Other Funds $2,110,135 Agency Funds $2,110,135 State Funds $11,289,216 State General Funds $11,289,216 40.3. Homeowner Tax Relief Grants (HTRG) Purpose: To provide homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $8,000 for the taxable year beginning January 1, 2007 and is separate and distinct from the homestead exemption of $2,000 in O.C.G.A. 48-5-44. Total Funds $430,023,809 Federal Funds and Grants $0 Other Funds $0 State Funds $430,023,809 State General Funds $430,023,809 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, FEBRUARY 22, 2008 1043 Amount from prior Appropriation Act (HB 95) Provide additional funds for Homeowner Tax Relief Grants based on 1.84% annual growth. Amount appropriated in this Act State Funds $428,290,501 $1,733,308 $430,023,809 Total Funds $428,290,501 $1,733,308 $430,023,809 40.4. Local Tax Officials Retirement and FICA Total Funds State Funds State General Funds $5,149,163 $5,149,163 $5,149,163 40.5. Revenue Processing Purpose: 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 $42,064,729 Other Funds $426,769 Other Funds Not Specifically Identified $426,769 State Funds $41,637,960 State General Funds $41,637,960 40.6. Salvage Inspection Purpose: To inspect rebuilt salvage vehicles. Total Funds State Funds State General Funds $1,671,368 $1,671,368 $1,671,368 40.7. Industry Regulation Purpose: To provide regulation of the distribution, sale, and consumption of alcoholic beverages and tobacco products and ensure all coin operated amusement machines are properly licensed and decaled. Total Funds $4,879,168 State Funds $4,879,168 Tobacco Funds $150,000 State General Funds $4,729,168 40.8. State Board of Equalization Purpose: To examine the proposed assessments of each class of taxpayers or property and the 1044 JOURNAL OF THE SENATE 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 40.9. Tag and Title Registration Purpose: To establish motor vehicle ownership. Total Funds Other Funds Other Funds Not Specifically Identified State Funds State General Funds $23,838,255 $652,681 $652,681 $23,185,574 $23,185,574 40.10. Tax Compliance Purpose: To ensure that all taxpayers pay the correct amount of taxes owed under the law. Total Funds $37,878,492 Other Funds $3,815,763 Agency Funds $3,815,763 State Funds $34,062,729 State General Funds $34,062,729 Section 41: Secretary of State Total Funds Federal Funds and Grants Other Funds Records Center Storage Fee Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $41,570,870 $0 $1,500,283 $435,771 $1,064,512 $40,070,587 $40,070,587 $0 41.1. Administration Total Funds $0 Federal Funds and Grants $0 Other Funds $0 State Funds $0 FRIDAY, FEBRUARY 22, 2008 1045 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $5,303,115 $5,333,115 Transfer all Administration Program data to Administration Subprogram. ($5,303,115) ($5,333,115) Amount appropriated in this Act $0 $0 41.2. Administration Services Purpose: Provide administrative support to the Office of Secretary of State and its attached agencies. Total Funds $6,131,496 Federal Funds and Grants $0 Other Funds $30,000 Other Funds Not Specifically Identified $30,000 State Funds $6,101,496 State General Funds $6,101,496 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $0 Transfer all Administration Program data to Administration Subprogram. $5,303,115 $5,333,115 Transfer funding from the Elections program ($57,450 and three positions), the Professional Licensing Boards program ($732,333 and 45 positions) and the Securities program ($77,495 and four positions) to the Administration program to consolidate the functions of the Investigation Unit. $867,278 $867,278 Redistribute funds for Voter ID educational activities from the Administration program to the Elections program. ($500,000) ($500,000) Increase funds to cover projected legal expenses. $431,103 $431,103 Amount appropriated in this Act $6,101,496 $6,131,496 1046 JOURNAL OF THE SENATE 41.3. Archives Purpose: 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 $6,714,809 Other Funds $510,771 Records Center Storage Fee $435,771 Other Funds Not Specifically Identified $75,000 State Funds $6,204,038 State General Funds $6,204,038 41.4. Capitol Tours Purpose: Provide guided informational tours of the State Capitol. Total Funds State Funds State General Funds $165,573 $165,573 $165,573 41.5. Corporations Purpose: Accept and review findings made pursuant to statutes; issue certifications of records on file; and provide information to the public on all filed entities. Total Funds $2,044,652 Federal Funds and Grants $0 Other Funds $739,512 Other Funds Not Specifically Identified $739,512 State Funds $1,305,140 State General Funds $1,305,140 Intra-State Government Transfers $0 41.6. Elections Purpose: 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 law and assisting candidates, local governments, and citizens in interpreting and complying with all election, voter registration and financial disclosure laws. Total Funds $5,761,479 Federal Funds and Grants $0 Other Funds $20,000 Other Funds Not Specifically Identified $20,000 State Funds $5,741,479 State General Funds $5,741,479 FRIDAY, FEBRUARY 22, 2008 1047 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $5,298,929 $5,318,929 Transfer funding and three positions from the Elections program to the Administration program to consolidate the functions of the Investigation Unit. ($57,450) ($57,450) Redistribute funds for Voter ID educational activities from the Administration program to the Elections program. $500,000 $500,000 Provide additional funds to expand Voter ID educational efforts statewide. $0 $0 Amount appropriated in this Act $5,741,479 $5,761,479 41.7. Professional Licensing Boards Purpose: Protect the public health and welfare by supporting all operations of Boards which license professions. Total Funds $11,389,745 Federal Funds and Grants $0 Other Funds $150,000 Other Funds Not Specifically Identified $150,000 State Funds $11,239,745 State General Funds $11,239,745 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $11,972,078 $12,122,078 Transfer funding and 45 positions from the Professional Licensing Boards program to the Administration program to consolidate the functions of the Investigation Unit. ($732,333) ($732,333) Amount appropriated in this Act $11,239,745 $11,389,745 41.8. Securities Purpose: Provide for registration, compliance and enforcement of the provisions of the Georgia Codes, and to provide information to the public regarding subjects of such codes. 1048 JOURNAL OF THE SENATE Total Funds $2,164,020 Federal Funds and Grants $0 Other Funds $50,000 Other Funds Not Specifically Identified $50,000 State Funds $2,114,020 State General Funds $2,114,020 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,191,515 $2,241,515 Transfer funding and four positions from the Securities program to the Administration program to consolidate the functions of the Investigation Unit. ($77,495) ($77,495) Amount appropriated in this Act $2,114,020 $2,164,020 The following appropriations are for agencies attached for administrative purposes. 41.9. Georgia Commission on the Holocaust Purpose: 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 $340,743 State Funds $340,743 State General Funds $340,743 41.10. Georgia Drugs and Narcotics Agency Purpose: 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 $1,454,200 State Funds $1,454,200 State General Funds $1,454,200 41.11. Georgia Real Estate Commission Purpose: Administer the license law for real estate brokers and salespersons and provide administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal. Total Funds $3,535,210 FRIDAY, FEBRUARY 22, 2008 1049 State Funds State General Funds $3,535,210 $3,535,210 41.12. State Ethics Commission Purpose: 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 $1,868,943 State Funds $1,868,943 State General Funds $1,868,943 Section 42: Soil and Water Conservation Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $14,074,056 $3,454,308 $3,454,308 $5,775,264 $5,675,264 $100,000 $4,017,863 $4,017,863 $826,621 $826,621 42.1. Administration Purpose: Protect, conserve, and improve the soil and water resources of the State of Georgia. Total Funds $640,246 State Funds $640,246 State General Funds $640,246 42.2. Conservation of Agricultural Water Supplies Purpose: Conserve the use of Georgia's ground and surface water by agricultural water users. Total Funds $8,821,981 Federal Funds and Grants $3,131,804 Federal Funds Not Specifically Identified $3,131,804 Other Funds $5,375,874 Agency Funds $5,375,874 State Funds $314,303 State General Funds $314,303 1050 JOURNAL OF THE SENATE 42.3. Conservation of Soil and Water Resources Purpose: Conserve Georgia's rich natural resources through voluntary implementation of conservation best management practices on agricultural lands. Total Funds $3,127,588 Federal Funds and Grants $322,504 Federal Funds Not Specifically Identified $322,504 Other Funds $399,390 Agency Funds $299,390 Other Funds Not Specifically Identified $100,000 State Funds $1,579,073 State General Funds $1,579,073 Intra-State Government Transfers $826,621 Other Intra-State Government Payments $826,621 42.4. USDA Flood Control Watershed Structures Purpose: Provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. Total Funds $606,696 Federal Funds and Grants $0 Other Funds $0 State Funds $606,696 State General Funds $606,696 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $106,696 $106,696 Provide maintenance funding for 20 watershed dams with the potential to serve as water supply reservoirs. $500,000 $500,000 Amount appropriated in this Act $606,696 $606,696 42.5. Water Resources and Land Use Planning Purpose: Improve understanding of water use and develop plans that improve water management and efficiency. Total Funds $877,545 State Funds $877,545 State General Funds $877,545 FRIDAY, FEBRUARY 22, 2008 1051 Section 43: Student Finance Commission, Georgia Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds Lottery Funds State General Funds Intra-State Government Transfers $563,063,788 $520,653 $520,653 $5,622,493 $5,622,493 $556,920,642 $516,697,160 $40,223,482 $0 43.1. Accel Purpose: Allow students to pursue postsecondary study at approved public and private postsecondary 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 43.2. Engineer Scholarship Purpose: 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 43.3. Georgia Military College Scholarship Purpose: Provide outstanding students with a full scholarship to attend Georgia Military College, thereby strengthening Georgia's National Guard with their membership. Total Funds $1,228,708 State Funds $1,228,708 Lottery Funds $1,228,708 43.4. Governor's Scholarship Program Purpose: Recognize graduating Georgia high school seniors who are valedictorians or STAR students of their class by providing a scholarship to attend an eligible postsecondary institution in Georgia. Total Funds $2,329,200 State Funds $2,329,200 1052 JOURNAL OF THE SENATE State General Funds $2,329,200 43.5. Guaranteed Educational Loans Purpose: Provide service cancelable loans to students enrolled in critical fields of study, which include nursing, physical therapy and pharmacy. Total Funds $4,049,883 Other Funds $250,000 Other Funds Not Specifically Identified $250,000 State Funds $3,799,883 State General Funds $3,799,883 43.6. HERO Scholarship Purpose: 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 $918,000 Other Funds $718,000 Other Funds Not Specifically Identified $718,000 State Funds $200,000 State General Funds $200,000 43.7. HOPE Administration Total Funds Other Funds Other Funds Not Specifically Identified State Funds Lottery Funds State General Funds $5,887,232 $500,000 $500,000 $5,387,232 $5,228,320 $158,912 43.8. HOPE GED Purpose: Award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education. Total Funds $2,461,614 State Funds $2,461,614 Lottery Funds $2,461,614 43.9. HOPE Grant Purpose: Provide grants to students seeking a diploma or certificate at a public postsecondary institution. FRIDAY, FEBRUARY 22, 2008 1053 Total Funds $111,824,775 Federal Funds and Grants $0 Other Funds $0 State Funds $111,824,775 Lottery Funds $111,824,775 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $104,972,024 $104,972,024 Transfer excess funds from the HOPE Scholarship - Public Schools program to the HOPE Grant program to meet projected need. $6,852,751 $6,852,751 Amount appropriated in this Act $111,824,775 $111,824,775 43.10. HOPE Scholarships - Private Schools Purpose: Provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private postsecondary institution. Total Funds $45,651,732 State Funds $45,651,732 Lottery Funds $45,651,732 43.11. HOPE Scholarships - Public Schools Purpose: Provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public postsecondary institution. Total Funds $332,098,185 Federal Funds and Grants $0 Other Funds $0 State Funds $332,098,185 Lottery Funds $332,098,185 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $338,950,936 $338,950,936 Transfer excess funds from the HOPE Scholarship - Public Schools program to the HOPE Grant program to meet projected need. ($6,852,751) ($6,852,751) 1054 JOURNAL OF THE SENATE Amount appropriated in this Act $332,098,185 $332,098,185 43.12. Law Enforcement Dependents Grant Purpose: Provide educational grant assistance to the children of Georgia law enforcement officers, firefighters, and prison correctional officers 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 43.13. Leveraging Educational Assistance Partnership Program (LEAP) Purpose: Provide educational grant assistance to residents of Georgia who demonstrate substantial financial need to attend eligible postsecondary institutions in Georgia. Total Funds $1,487,410 Federal Funds and Grants $520,653 Federal Funds Not Specifically Identified $520,653 State Funds $966,757 State General Funds $966,757 43.14. North Ga. Military Scholarship Grants Purpose: 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 $683,951 State Funds $683,951 State General Funds $683,951 43.15. North Georgia ROTC Grants Purpose: 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 43.16. Promise Scholarship Purpose: 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 FRIDAY, FEBRUARY 22, 2008 1055 Lottery Funds $5,855,278 43.17. Public Memorial Safety Grant Purpose: Provide educational grant assistance to the children of Georgia law enforcement officers, fire fighters, Emergency Medical Technicians (EMTs), and correctional officers who were permanently disabled or killed in the line of duty, to attend a public postsecondary institution in Georgia. Total Funds $255,850 State Funds $255,850 Lottery Funds $255,850 43.18. Teacher Scholarship Purpose: 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 43.19. Tuition Equalization Grants Purpose: Promote the private segment of higher education in Georgia by providing nonrepayable grant aid to Georgia residents who attend eligible private postsecondary institutions. Total Funds $34,966,295 Other Funds $4,154,493 Other Funds Not Specifically Identified $4,154,493 State Funds $30,811,802 State General Funds $30,811,802 The following appropriations are for agencies attached for administrative purposes. 43.20. Nonpublic Postsecondary Education Commission Purpose: Authorize private postsecondary schools in Georgia; provide transcripts for students who attended schools that closed; resolve complaints. Total Funds $789,587 State Funds $789,587 State General Funds $789,587 Section 44: Teachers' Retirement System Total Funds $27,906,456 1056 JOURNAL OF THE SENATE Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Retirement Payments $448,481 $448,481 $1,555,000 $1,555,000 $25,902,975 $25,902,975 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 2008. 44.1. Local/Floor COLA Purpose: 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 $1,555,000 State Funds $1,555,000 State General Funds $1,555,000 44.2. System Administration Purpose: To provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. Total Funds $26,351,456 Other Funds $448,481 Other Funds Not Specifically Identified $448,481 Intra-State Government Transfers $25,902,975 Retirement Payments $25,902,975 Section 45: Technical and Adult Education, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds $523,117,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $373,317,567 $373,317,567 45.1. Administration Purpose: Contribute to the economic, educational, and community development of Georgia by providing quality technical education, adult literacy education, continuing education, and FRIDAY, FEBRUARY 22, 2008 1057 customized business and industry workforce training to the citizens of Georgia. Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds $13,850,002 $3,000,000 $3,000,000 $800,000 $800,000 $10,050,002 $10,050,002 45.2. Adult Literacy Purpose: 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 $32,016,600 Federal Funds and Grants $14,000,000 Federal Funds Not Specifically Identified $14,000,000 Other Funds $2,000,000 Agency Funds $2,000,000 State Funds $16,016,600 State General Funds $16,016,600 45.3. Economic Development (Quick Start) Purpose: Provide a number of programs and services designed to assist businesses and industries with their training needs. Total Funds $21,368,043 Other Funds $5,000,000 Agency Funds $5,000,000 State Funds $16,368,043 State General Funds $16,368,043 45.4. Technical Education Purpose: 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 $455,882,922 Federal Funds and Grants $20,000,000 Federal Funds Not Specifically Identified $20,000,000 Other Funds $105,000,000 Agency Funds $105,000,000 1058 JOURNAL OF THE SENATE State Funds State General Funds $330,882,922 $330,882,922 Section 46: Transportation, Department of Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning & Construction Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State Motor Fuel State General Funds Intra-State Government Transfers Other Intra-State Government Payments $2,177,075,964 $1,336,932,809 $1,310,432,809 $26,500,000 $5,999,308 $5,999,308 $832,725,819 $809,353,503 $23,372,316 $1,418,028 $1,418,028 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. FRIDAY, FEBRUARY 22, 2008 1059 46.1. Administration Purpose: 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 $75,612,523 Federal Funds and Grants $10,839,823 Federal Highway Administration Highway Planning & Construction $10,839,823 Other Funds $898,970 Agency Funds $898,970 State Funds $63,873,730 State Motor Fuel $63,873,730 46.2. Air Transportation Purpose: Provide air transportation to state officials and companies considering a move to Georgia and conduct aerial photography flights. Total Funds $2,439,553 Other Funds $275,000 Agency Funds $275,000 State Funds $1,506,758 State General Funds $1,506,758 Intra-State Government Transfers $657,795 Other Intra-State Government Payments $657,795 46.3. Airport Aid Purpose: Support statewide economic development by providing the infrastructure for a safe, efficient, and adequate transportation system and award grants from the Airport Fund. Total Funds $18,146,149 Federal Funds and Grants $6,500,000 Federal Funds Not Specifically Identified $6,500,000 State Funds $11,646,149 State General Funds $11,646,149 46.4. Data Collection, Compliance and Reporting Purpose: 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 $12,830,912 Federal Funds and Grants $8,270,257 1060 JOURNAL OF THE SENATE Federal Highway Administration Highway Planning & Construction Other Funds Agency Funds State Funds State Motor Fuel State General Funds $8,270,257 $62,257 $62,257 $4,498,398 $3,599,813 $898,585 46.5. Local Road Assistance Purpose: Provide contracts with local governments to assist in the construction and reconstruction of their road, bridge, and street systems. Total Funds $244,374,791 Federal Funds and Grants $69,658,670 Federal Highway Administration Highway Planning & Construction $69,658,670 Other Funds $0 State Funds $174,120,888 State Motor Fuel $174,120,888 Intra-State Government Transfers $595,233 Other Intra-State Government Payments $595,233 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $136,095,478 $206,349,381 Increase funding for State Fund Construction - Most Needed from $20,787,879 to $48,436,335 in the Local Road Assistance and State Highway System Construction and Improvement programs. $16,589,074 $16,589,074 Increase funding for State Fund Construction - Off System from $27,000,000 to $48,436,336. $21,436,336 $21,436,336 Amount appropriated in this Act $174,120,888 $244,374,791 46.6. Payments to State Road and Tollway Authority Purpose: Provide funds through the State Road and Tollway Authority for bond trustees for debt service payments on non-general obligation bonds and other finance instruments. Total Funds $74,662,823 Federal Funds and Grants $13,608,008 FRIDAY, FEBRUARY 22, 2008 1061 Federal Highway Administration Highway Planning & Construction Other Funds State Funds State Motor Fuel Intra-State Government Transfers $13,608,008 $0 $61,054,815 $61,054,815 $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $47,798,980 $47,798,980 Transfer capital outlay funds from the State Highway System Construction and Improvement program to the Payments to State Road and Tollway Authority program for required debt service payments on issued GARVEE bonds for the Governor's Fast Forward program (Total Funds: $17,010,010). $3,402,002 $17,010,010 Provide additional funds to reflect an increase in the required debt service on issued GARVEE bonds for the Governor's Fast Forward program. $9,853,833 $9,853,833 Amount appropriated in this Act $61,054,815 $74,662,823 46.7. Ports and Waterways Purpose: Maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports to promote international trade. Total Funds $1,523,402 State Funds $1,523,402 State General Funds $1,523,402 46.8. Rail Purpose: Oversee the construction, financing, operation, and development of rail passenger, freight service, and other public transportation projects. Total Funds $385,722 Other Funds $88,239 Agency Funds $88,239 State Funds $297,483 State General Funds $297,483 1062 JOURNAL OF THE SENATE 46.9. State Highway System Construction and Improvement Purpose: Ensure a safe and efficient transportation system and provide the necessary resources to accelerate the surplus property disposal process. Total Funds $1,312,070,983 Federal Funds and Grants $1,019,280,657 Federal Highway Administration Highway Planning & Construction $1,019,280,657 Other Funds $0 State Funds $292,625,326 State Motor Fuel $292,625,326 Intra-State Government Transfers $165,000 Other Intra-State Government Payments $165,000 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 95) $284,967,946 $1,318,021,611 Increase funding for State Fund Construction - Most Needed from $20,787,879 to $48,436,335 in the Local Road Assistance and State Highway System Construction and Improvement programs. $11,059,382 $11,059,382 Transfer capital outlay funds from the State Highway System Construction and Improvement program to the Payments to State Road and Tollway Authority program for required debt service payments on issued GARVEE bonds for the Governor's Fast Forward program (Total Funds: $17,010,010). ($3,402,002) ($17,010,010) Amount appropriated in this Act $292,625,326 $1,312,070,983 46.10. State Highway System Maintenance Purpose: Coordinate all statewide maintenance activities. Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning & Construction Other Funds Agency Funds State Funds $342,141,130 $153,104,852 $153,104,852 $642,602 $642,602 $188,393,676 FRIDAY, FEBRUARY 22, 2008 1063 State Motor Fuel $188,393,676 46.11. State Highway System Operations Purpose: Ensure a safe and efficient transportation system statewide through traffic engineering and traffic management. Total Funds $65,382,037 Federal Funds and Grants $35,670,542 Federal Highway Administration Highway Planning & Construction $35,670,542 Other Funds $4,026,240 Agency Funds $4,026,240 State Funds $25,685,255 State Motor Fuel $25,685,255 46.12. Transit Purpose: 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 $27,505,939 Federal Funds and Grants $20,000,000 Federal Funds Not Specifically Identified $20,000,000 Other Funds $6,000 Agency Funds $6,000 State Funds $7,499,939 State General Funds $7,499,939 Section 47: Veterans Service, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds State Funds State General Funds Intra-State Government Transfers $38,130,185 $11,919,879 $11,919,879 $0 $26,210,306 $26,210,306 $0 47.1. Administration Purpose: The purpose is to coordinate, manage and supervise all aspects of department operations to include financial, public information, personnel, accounting, purchasing, supply, mail, records management, and information technology. Total Funds $1,619,585 1064 JOURNAL OF THE SENATE Federal Funds and Grants $0 Other Funds $0 State Funds $1,619,585 State General Funds $1,619,585 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $695,585 $695,585 Provide one-time funds for an emergency replacement of a chiller/cooling tower in the Wheeler building. $924,000 $924,000 Amount appropriated in this Act $1,619,585 $1,619,585 47.2. Georgia Veterans Memorial Cemetery Purpose: Provide for the internment of eligible Georgia veterans who served faithfully and honorably in the military service of our country. Total Funds $610,076 Federal Funds and Grants $44,054 Federal Funds Not Specifically Identified $44,054 State Funds $566,022 State General Funds $566,022 47.3. Georgia War Veterans Nursing Home - Augusta Purpose: Provide skilled nursing care to aged and infirmed Georgia veterans and serve as a teaching facility for the Medical College of Georgia. Total Funds $9,064,992 Federal Funds and Grants $3,104,750 Federal Funds Not Specifically Identified $3,104,750 State Funds $5,960,242 State General Funds $5,960,242 47.4. Georgia War Veterans Nursing Home - Milledgeville Purpose: Provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans. Total Funds $20,177,423 Federal Funds and Grants $8,167,635 Federal Funds Not Specifically Identified $8,167,635 FRIDAY, FEBRUARY 22, 2008 1065 State Funds State General Funds $12,009,788 $12,009,788 47.5. Veterans Benefits Purpose: Serve Georgia's veterans, their dependents and survivors in all matters pertaining to veteran's benefits by informing the veterans and their families about veteran's benefits, and directly assisting and advising them in securing the benefits to which they are entitled. Total Funds $6,658,109 Federal Funds and Grants $603,440 Federal Funds Not Specifically Identified $603,440 State Funds $6,054,669 State General Funds $6,054,669 Section 48: Workers' Compensation, State Board of Total Funds State Funds State General Funds $17,268,050 $17,268,050 $17,268,050 48.1. Administration Purpose: 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 $6,466,072 State Funds $6,466,072 State General Funds $6,466,072 48.2. Administer the Workers' Comp Laws Purpose: To provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation Law. Total Funds $10,801,978 State Funds $10,801,978 State General Funds $10,801,978 Section 49: General Obligation Debt Sinking Fund Total Funds Federal Funds and Grants Other Funds State Funds State Motor Fuel State General Funds $947,492,056 $0 $0 $947,492,056 $178,556,559 $768,935,497 1066 JOURNAL OF THE SENATE Intra-State Government Transfers $0 49.1. General Obligation Bonds - Issued Total Funds $848,024,361 Federal Funds and Grants $0 Other Funds $0 State Funds $848,024,361 State Motor Fuel $172,576,459 State General Funds $675,447,902 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $835,141,296 $940,174,440 Add motor fuel funds to cover debt service on issued bonds for the Department of Transportation. $9,544,237 $9,544,237 Delete other funds budgeted to recognize reserves for authorized but not issued debt for projects funded with State General Funds ($67,648,144) and Motor Fuel Funds ($37,385,000). $0 ($105,033,144) Reflect excess debt service on issued bonds in FY 2008. ($83,107,781) ($83,107,781) Reflect defeasance of previously issued bonds for the Olympic Dorm project. ($7,831,878) ($7,831,878) Reflect savings from bonds purchased by GSFIC. ($1,508,612) ($1,508,612) Maintain excess debt service for issued bonds to offset requirements for FY 2009. (CC:Increase funds for debt service for issued bonds and make funds available in FY09 to fund $25,000,000 in 10-year bonds to purchase school buses.) $95,787,099 $95,787,099 Amount appropriated in this Act $848,024,361 $848,024,361 49.2. General Obligation Bonds - New Total Funds Federal Funds and Grants Other Funds $99,467,695 $0 $0 FRIDAY, FEBRUARY 22, 2008 1067 State Funds $99,467,695 State Motor Fuel $5,980,100 State General Funds $93,487,595 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $99,467,695 $99,467,695 Total of Debt Service on Bonds Associated with this Program $0 $0 Amount appropriated in this Act $99,467,695 $99,467,695 The following paragraphs authorizing the issuance of general obligation debt first appeared in the original appropriations act for this fiscal year. For some of those paragraphs in the interim the authority they provided to issue debt has either been fully utilized or partially utilized. For those fully utilized, their repetition here is only to prevent an incorrect implication of their repeal by omission and does not indicate new authority. For those partially utilized there is no intent to renew the full authority but only to reflect the continuing power to utilize the remaining authority. Bond Financing Appropriated: [Bond # 1] From State General Funds, $15,233,023 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 $178,310,000 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 State General Funds, $12,259,632 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 $143,505,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 3] From State General Funds, $10,431,003 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 $122,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 4] From State General Funds, $875,657 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 $10,250,000 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] From State General Funds, $3,630,775 is specifically appropriated for the purpose 1068 JOURNAL OF THE SENATE 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 $42,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 6] From State General Funds, $228,000 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 7] From State General Funds, $684,000 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 $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 8] From State General Funds, $456,000 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 9] From State General Funds, $1,084,961 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 $12,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 10] From State General Funds, $1,896,546 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 $22,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 11] From State General Funds, $1,435,224 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 FRIDAY, FEBRUARY 22, 2008 1069 facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $16,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 12] From State General Funds, $3,178,423 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 $37,205,000 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 State General Funds, $3,630,775 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 $42,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 14] From State General Funds, $2,417,669 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 $28,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 15] From State General Funds, $4,332,000 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 $19,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond #16] 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, development, extension, enlargement, or improvement of land, waters, 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. [Bond # 17] 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 two hundred and forty months. 1070 JOURNAL OF THE SENATE [Bond # 18] From State General Funds, $170,860 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 $2,000,000 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 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 two hundred and forty months. [Bond # 20] From State General Funds, $226,389 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 $2,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 21] From State General Funds,$131,989 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 North Paulding Public Library, for that library, through the issuance of not more than $1,545,000 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 State General Funds,$88,420 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 Jasper County 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 # 23] 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 Newton County 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 # 24] From State General Funds, $1,391,228 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $16,285,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 25] From State General Funds, $1,521,935 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by FRIDAY, FEBRUARY 22, 2008 1071 means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $17,815,000 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 State General Funds, $287,280 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 $1,260,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 27] From State General Funds, $473,100 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 $2,075,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 28] From State General Funds, $557,460 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 $2,445,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 29] From State General Funds, $637,260 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 $2,795,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 30] From State General Funds, $413,820 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,815,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 31] From State General Funds, $558,600 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 1072 JOURNAL OF THE SENATE $2,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 32] From State General Funds, $1,491,120 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 $6,540,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 33] From State General Funds, $1,596,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 34] From State General Funds, $127,680 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 $560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 35] From State General Funds, $598,011 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 # 36] From State General Funds, $1,281,450 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 $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 37] From State General Funds, $1,016,617 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 $11,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 38] From State General Funds, $375,892 is specifically appropriated for the purpose FRIDAY, FEBRUARY 22, 2008 1073 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 $4,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 39] From State General Funds, $299,005 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 $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 40] From State General Funds, $158,473 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 $1,855,000 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 State General Funds, $149,075 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 $1,745,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 42] From State General Funds, $359,100 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, or improvement of land, waters, 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 # 43] From State General Funds, $89,702 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,050,000 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 State General Funds, $854,300 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 1074 JOURNAL OF THE SENATE personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 45] From State General Funds, $2,082,783 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 $24,380,000 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 State General Funds, $262,270 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 $3,070,000 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 State General Funds, $226,390 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 $2,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 48] From State General Funds, $798,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 49] From State General Funds, $1,140,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 50] From State General Funds, $580,497 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,795,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. FRIDAY, FEBRUARY 22, 2008 1075 [Bond # 51] From State General Funds, $817,138 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Agricultural Exposition Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,565,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 52] From State General Funds, $421,170 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,930,000 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 State General Funds, $170,860 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 $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 # 54] From State General Funds, $256,290 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 55] From State General Funds, $161,880 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 $710,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 56] From State General Funds, $456,000 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 57] From State General Funds, $570,000 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, 1076 JOURNAL OF THE SENATE waters, 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 # 58] From State General Funds, $196,080 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 $860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 59] From State General Funds, $848,747 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 $9,935,000 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] From State General Funds, $1,196,020 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 $14,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 61] From State General Funds, $1,596,000 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 $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 62] From State General Funds, $912,000 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 63] From State General Funds, $1,708,600 is specifically appropriated for the Georgia Environmental Facilities Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 64] From State General Funds, $266,542 is specifically appropriated for the Georgia FRIDAY, FEBRUARY 22, 2008 1077 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 $3,120,000 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 State General Funds, $416,898 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 $4,880,000 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 State General Funds, $561,702 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 $6,575,000 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 State Motor Fuel Funds, $5,980,100 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 $70,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Section 50: 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 51: 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. 1078 JOURNAL OF THE SENATE Section 52: Salary Adjustments The appropriations to budget units made above include funds for, and have the added purpose of, the following salary increases and adjustments, administered in conformity with the applicable compensation and performance management plans as provided by law: 1.) A general salary increase of three percent for employees of the Executive and Legislative Branches. The amount for this Item is calculated according to an effective date of January 1, 2008. 2.) In lieu of other numbered items, (a) to provide 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 determined by the Office of Planning and Budget according to O.C.G.A. 457-4(b), 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 increases of up to three percent 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, 2008. 3.) In addition to other numbered Items, for budget units with employees of the Executive Branch, an amount equal to 0.5% of total personal services, calculated as of the end of calendar year 2006 for an effective date of January 1, 2008, for market adjustments, performance incentives and equity adjustments. 4.) Before items 1 and 3 above, but not in lieu of them, funds to adjust salaries of certain employees in the job titles and departments shown in the "Summary of Identified Job Classifications" on page 38 of The Governor's Budget Report FY 2008. The employees are those within the listed job titles and agencies with salaries below 75% of the salary determined by the Commissioner of Personnel Administration in December of 2006 to be the market midpoint rate for their job titles. The purpose is to adjust salaries of incumbents to 75% of such market midpoint rate, calculated for an effective date of January 1, 2008. 5.) In lieu of other numbered items, (a) to provide for a 3% increase across the State Salary Schedule of the State Board of Education through a 3% increase in the state base salary. This proposed 3% 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, 2007; (b) To provide for a 3% increase in funding for salaries for lunchroom workers and for a 3% 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, 2007. 6.) In lieu of other numbered items, to provide a 3% 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 September 1, 2007. FRIDAY, FEBRUARY 22, 2008 1079 7.) In lieu of other numbered items, to provide a 3% 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, 2008. 8.) In lieu of other numbered items, to provide a 3% salary increase for public librarians administered by the Board of Regents. The amount for this Item is calculated according to an effective date of January 1, 2008. 9.) In lieu of other numbered items, to provide for a 3% salary increase for teachers and support personnel within the Department of Technical and Adult Education. The amount for this Item is calculated according to an effective date of January 1, 2008. Section 53: General Obligation Bonds Repealed, Revised or Reinstated The following paragraph of the General Appropriations Act for state fiscal year 2004-2005 (Section 63 of Ga. L. 2004, pp. 994, 1046, 1050), as carried forward in Section 63 of House Bill 84 (Ga. L. 2005, pp. 1262, 1307, 1311), in Section 48 of House Bill 85 (Ga. L. 2005, pp. 1319, 1415, 1426) and in Section 50 of House Bill 1026 (Ga. L. 2006, Book One, Volume Two Appendix, commencing as p. 1 of 226) is hereby repealed in its entirety: From the appropriation designated "State General Funds (New)," $4,520,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. 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 (Ga. L. 2005, pp. 1262, 1307, 1314) and amended in Section 51 of House Bill 1026 (Ga. L. 2006, Book One, Volume Two Appendix, commencing as p. 1 of 226) to read as follow: 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. 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 1080 JOURNAL OF THE SENATE 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 $14,220,000 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 (Ga. L. 2005, pp. 1262, 1307, 1315) and amended in Section 51 of House Bill 1026 (Ga. L. 2006, Book One, Volume Two Appendix, commencing as p. 1 of 226) to read as follows: From the appropriation designated "State General Funds (New)," $24,099 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $277,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months has been implemented by issuance of $275,000 in principal amount of General Obligation Debt. The remaining authority to issue up to $2,000 in principal amount is hereby repealed. The following paragraph of the General Appropriations Act for state fiscal year 2005-2006 (Section 48 of Ga. L. 2005, p. 1319, 1425), as carried forward in Section 50 of House Bill 1026 (Ga. L. 2006, Book One, Volume Two Appendix, commencing as p. 1 of 226) and which reads as follows: 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. is amended to read as follows: From the appropriation designated "State General Funds (New)", $570,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. The following paragraph of the General Appropriations Act for state fiscal year 2005-2006 FRIDAY, FEBRUARY 22, 2008 1081 (Section 48 of Ga. L. 2005, pp. 1319, 1426) is hereby repealed in its entirety: 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. Section 54: Flex 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. In the preceding sentence, "Federal Funds" means any federal funding source, whether specifically identified or not specifically identified; "Other Funds" means all other fund sources except State Funds or Federal Funds, including without limitation, Intra-State Government Transfers. This paragraph does not permit an agency to include within its flex the appropriations for an agency attached to it for administrative purposes. Section 55: Budgetary Control and Interpretation The appropriations of State Funds in this Act consist of the amount stated, for each line at the lowest level of detail, associated with the statement of Program Name and Program Purpose. The appropriations of Federal Funds and of Other Funds in this Act consist of the amount stated at the highest or summary level of detail associated with the statement of Program Name and Program Purpose, and the lower levels of detail are for information only. In the preceding sentence, "Federal Funds" means any federal funding source, whether specifically identified or not specifically identified; "Other Funds" means all other fund sources except State Funds and Federal Funds, including in Other Funds without limitation all Intra-State Government Transfers. Regardless of placement on the page, both the highest or summary level of detail and the lower detail of appropriations of Intra-State Government Transfers will be deemed lower levels of detail of Other Funds, and the highest or summary amount will be deemed added to the highest or summary amount of the appropriation of Other Funds for the program. 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 15 and the lowest level of detail for authorizations for general obligation debt in Section 49 are the authorizing paragraphs. Section 56: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. 1082 JOURNAL OF THE SENATE Section 57: Repeal Conflicting Laws All laws and parts of laws in conflict with this act are repealed. Senator Hill of the 4th asked unanimous consent that the Senate disagree to the House amendment to the Senate substitute to HB 989. The consent was granted, and the Senate disagreed to the House amendment to the Senate substitute to HB 989. The Calendar was resumed. SB 406. By Senators Hamrick of the 30th, Mullis of the 53rd, Rogers of the 21st and Reed of the 35th: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as to increase penalties for reproducing, transferring, selling, distributing, or circulating certain recorded material; to provide for forfeiture of certain items; to provide for additional restitution as it relates to violations of Code Section 16-8-60, relating to reproduction of recorded material, transfer, sale, distribution, and circulation; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 406: A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as to increase penalties for reproducing, transferring, selling, distributing, or circulating certain recorded material; to provide for forfeiture of certain items; to provide for additional restitution as it relates to violations of Code Section 16-8-60, relating to reproduction of recorded material, transfer, sale, distribution, and circulation; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, is amended by revising Code Section 16-8-60, relating to reproducing, transferring, selling, distributing, or circulating certain recorded material, as follows: FRIDAY, FEBRUARY 22, 2008 1083 "16-8-60. (a) It is unlawful for any person, firm, partnership, corporation, or association knowingly to: (1) Transfer or cause to be transferred any sounds or visual images recorded on a phonograph record, disc, wire, tape, videotape, film, or other article on which sounds or visual images are recorded onto any other phonograph record, disc, wire, tape, videotape, film, or article without the consent of the person who owns the master phonograph record, master disc, master tape, master videotape, master film, or other device or article from which the sounds or visual images are derived; or (2) Sell; distribute; circulate; offer for sale, distribution, or circulation; possess for the purpose of sale, distribution, or circulation; cause to be sold, distributed, or circulated; cause to be offered for sale, distribution, or circulation; or cause to be possessed for sale, distribution, or circulation any article or device on which sounds or visual images have been transferred, knowing it to have been made without the consent of the person who owns the master phonograph record, master disc, master tape, master videotape, master film, or other device or article from which the sounds or visual images are derived. (b) It is unlawful for any person, firm, partnership, corporation, or association to sell; distribute; circulate; offer for sale, distribution, or circulation; or possess for the purposes of sale, distribution, or circulation any phonograph record, disc, wire, tape, videotape, film, or other article on which sounds or visual images have been transferred unless such phonograph record, disc, wire, tape, videotape, film, or other article bears the actual name and address of the transferor of the sounds or visual images in a prominent place on its outside face or package. (c) This Code section does shall not apply to any person who transfers or causes to be transferred any such sounds or visual images: (1) Intended for or in connection with radio or television broadcast transmission or related uses; (2) For archival purposes; or (3) Solely for the personal use of the person transferring or causing the transfer and without any profit being derived by the person from the transfer. (d) Every person convicted of violating Violation of this Code section is shall be guilty of a felony and is punishable upon conviction shall be punished as follows: (1) Upon the first conviction of violating this Code section, by a fine of not less than $500.00 nor more than $25,000.00, or by imprisonment for not less than one year nor more than two years, or both such fine and imprisonment; (2) Upon the second or subsequent violations of conviction of violating this Code section, shall be punishable upon conviction by a fine of not less than $1,000.00 nor more than $100,000.00, or by imprisonment for not less than one year nor more than three years and the judge may suspend, stay, or probate all but 48 hours of any term of imprisonment, or both such fine and imprisonment; or (3) Upon the third or subsequent conviction of violating this Code section, by a fine of not less than $2,000.00 nor more than $250,000.00, by imprisonment for not less 1084 JOURNAL OF THE SENATE than two nor more than five years and the judge may suspend, stay, or probate all but six days of any term of imprisonment, or both such fine and imprisonment. (e) This Code section shall neither enlarge nor diminish the right of parties to enter into a private contract. (f)(1) The following property shall be subject to forfeiture to the State of Georgia: (A) Any phonograph record, disc, wire, tape, videotape, film, or other article onto which sounds or visual images have been transferred; (B) Any reproduction equipment, scanners, computer equipment, printing equipment, or other asset used to commit a violation of this Code section; or (C) Any property constituting proceeds derived from or realized through a violation of this Code section; except that no property of any owner shall be forfeited under this paragraph, to the extent of the interest of such owner, by reason of an act or omission established by such owner to have been committed or omitted without knowledge or consent of such owner. (2) The procedure for forfeiture and disposition of forfeited property under this subsection shall be as provided for under Code Section 16-13-49. (g) For purposes of imposing restitution pursuant to Chapter 14 of Title 17 when a person is convicted pursuant to this Code section, the court shall consider damages to any owner or lawful producer of a master phonograph record, master disc, master tape, master videotape, master film, or other device or article from which sounds or visual images are derived. Restitution shall be based upon the aggregate wholesale value of lawfully manufactured and authorized recorded devices corresponding to the nonconforming recorded devices involved in the violation of this Code section and shall also include reasonable investigative costs related to the detection of the violation of this Code section." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Heath Y Henson Y Hill,Jack Y Schaefer Y Seabaugh Y Seay FRIDAY, FEBRUARY 22, 2008 1085 Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans E Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hill,Judson E Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D E Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 406, having received the requisite constitutional majority, was passed by substitute. SB 408. By Senators Shafer of the 48th, Heath of the 31st, Murphy of the 27th, Rogers of the 21st, Hamrick of the 30th 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 change certain provisions relating to local government franchising authority; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Regulated Industries and Utilities Committee offered the following substitute to SB 408: 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 change certain provisions relating to local government franchising authority; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 1086 JOURNAL OF THE SENATE SECTION 1. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by revising Code Section 46-5-1, relating to the power of eminent domain by telephone and telegraph companies, the placement of posts and other fixtures, regulation of construction of fixtures, posts, and wires near railroad tracks, and liability of telegraph and telephone companies for damages, as follows: "46-5-1. (a)(1) Any telegraph or telephone company chartered by the laws of this or any other state shall have the right to construct, maintain, and operate its lines and facilities upon, under, along, and over the public roads and highways and rights of way of this state, with the approval of the county or municipal authorities in charge of such roads, highways, and rights of way. The approval of such municipal authorities shall be limited to the process set forth in paragraph (3) of subsection (b) of this Code section, and the approval of the county shall be limited to the permitting process set forth in subsection (c) of this Code section. Upon making due compensation, as defined for municipal authorities in paragraph (9) of subsection (b) of this Code section and as provided for counties in subsection (c) of this Code section, a telegraph or telephone company shall have the right to construct, maintain, and operate its lines through or over any lands of this state; on, along, and upon the right of way and structures of any railroads; and, where necessary, under or over any private lands; and, to that end, a telegraph or telephone company may have and exercise the right of eminent domain. (2) Notwithstanding any other law, a municipal authority or county shall not: (A) Require any telegraph or telephone company to apply for or enter into an individual license, franchise, or other agreement with such municipal authority or county; or (B) Impose any occupational license tax or fee as a condition of placing or maintaining lines and facilities in its public roads and highways or rights of way, except as specifically set forth in this Code Section. (3) A county or municipal authority shall not impose any occupational license, tax, fee, regulation, obligation, or requirement upon the provision of the services described in paragraphs (1) and (2) of Code Section 46-5-221, including any occupational license, tax, fee, regulation, obligation, or requirement specifically set forth in any part of this chapter other than Part 4. (b)(4) Whenever a telegraph or telephone company exercises its powers under paragraph (1) of this subsection, under subsection (a) of this Code section, the posts, arms, insulators, and other fixtures of its lines must shall be erected, placed, and maintained so as not to obstruct or interfere with the ordinary use of such railroads or public roads and highways, or with the convenience of any landowners, more than may be unavoidable. Any lines constructed by a telegraph or telephone company on the right of way of any railroad company shall be subject to relocation so as to conform to any uses and needs of the such railroad company for railroad purposes. Such fixtures, posts, and wires shall be erected at such distances from the tracks of said railroads as will prevent any and all damage to said railroad companies by the FRIDAY, FEBRUARY 22, 2008 1087 falling of said fixtures, posts, or wires upon said railroad tracks; and such telegraph or telephone companies shall be liable to said railroad companies for all damages resulting from a failure to comply with this Code section. (5) No county or municipal authority shall impose upon a telegraph or telephone company any build-out requirements on network construction or service deployment, and, to the extent that a telegraph or telephone company has elected alternative regulation pursuant to Code Section 46-5-165, such company may satisfy its obligations pursuant to paragraph (2) of Code Section 46-5-169 by providing communications service, at the companys option, through any affiliated companies and through the use of any technology or service arrangement. (b)(1) Except as set forth in paragraph (6) of this subsection, any telegraph or telephone company that places or seeks to place lines and facilities in the public roads and highways or rights of way of a municipal authority shall provide to such municipal authority the following information: (A) The name, address, and telephone number of a principal office and local agent of such telegraph or telephone company; (B) Proof of certification from the Georgia Public Service Commission of such telegraph or telephone company to provide telecommunications services in this state; (C) Proof of insurance or self-insurance of such telegraph or telephone company adequate to defend and cover claims of third parties and of municipal authorities; (D) A description of the telegraph or telephone companys service area, which description shall be sufficiently detailed so as to allow a municipal authority to respond to subscriber inquiries. For the purposes of this paragraph, a telegraph or telephone company may, in lieu of or as supplement to a written description, provide a map on 8 1/2 by 11 inch paper that is clear and legible and that fairly depicts the service area within the boundaries of the municipal authority. If such service area is less than the boundaries of an entire municipal authority, the map shall describe the boundaries of the geographic area to be served in clear and concise terms; (E) A description of the services to be provided; (F) An affirmative declaration that the telegraph or telephone company shall comply with all applicable federal, state, and local laws and regulations, including municipal ordinances and regulations, regarding the placement and maintenance of facilities in the public rights of way that are reasonable, nondiscriminatory, and applicable to all users of the public rights of way, including the requirements of Chapter 9 of Title 25, the 'Georgia Utility Facility Protection Act'; and (G) A statement in bold type at the top of the application as follows: 'Pursuant to paragraph (2) of subsection (b) of Code Section 46-5-1 of the Official Code of Georgia Annotated, the municipal authority shall notify the applicant of any deficiencies in this application within 15 business days of receipt of this application.' (2) If an application is incomplete, the municipal authority shall notify the telegraph 1088 JOURNAL OF THE SENATE or telephone company within 15 business days of the receipt of such application; such notice shall specifically identify all application deficiencies. If no such notification is given within 15 business days of the receipt of an application, such application shall be deemed complete. (3) Within 60 calendar days of the receipt of a completed application, the municipal authority may adopt such application by adoption of a resolution or ordinance or by notification to the telegraph or telephone company. The failure of a municipal authority to adopt an application within 60 calendar days of the receipt of a completed application shall constitute final adoption of such application. (4) If it modifies its service area or provisioned services identified in the original application, the telegraph or telephone company shall notify the municipal authority of changes to the service area or the services provided. Such notice shall be given at least 20 days prior to the effective date of such change. Such notification shall contain a geographic description of the new service area or areas and new services to be provided within the jurisdiction of the affected municipal authority, if any. The municipal authority shall provide to all telegraph and telephone companies located in its rights of way written notice of annexations and changes in municipal corporate boundaries which, for the purposes of this Code section, shall become effective 30 days following receipt. (5) An application adopted pursuant to this Code section may be terminated by a telegraph or telephone company by submitting a notice of termination to the affected municipal authority. For purposes of this Code section, such notice shall identify the telegraph or telephone company, the affected service area, and the effective date of such termination, which shall not be less than 60 calendar days from the date of filing the notice of termination. (6) Any telegraph or telephone company that has previously obtained permits for the placement of its facilities, has specified the name of such telegraph or telephone company in such permit application, has previously placed its facilities in any public right of way, and has paid and continues to pay any applicable municipal authoritys occupational license taxes, permit fees, franchise fees, except as set forth in paragraph (8) of this subsection, or, if applicable, county permit fees shall be deemed to have complied with this Code section without any further action on the part of such telegraph or telephone company except as set forth in paragraphs (8), (9), (11), and (17) of this subsection. (7) Any telegraph or telephone company that has placed lines and facilities in the public roads and highways or rights of way of a municipal authority without first obtaining permits or otherwise notifying the appropriate municipal authority of its presence in the public roads and highways or rights of way shall provide the information required by paragraph (1) of this subsection, if applicable, to such municipal authority on or before October 1, 2008. As of October 1, 2008, if any telegraph or telephone company, other than those who meet the requirements of paragraph (6) of this subsection, has failed or fails to provide the information required by paragraph (1) of this subsection to the municipal authority in which its lines or FRIDAY, FEBRUARY 22, 2008 1089 facilities are located, such municipal authority shall provide written notice to such telegraph or telephone company giving that company 15 calendar days from the date of receipt of such notice to comply with subsection (b) of this Code section. In the event the 15 calendar day cure period expires without compliance, such municipal authority may petition the Georgia Public Service Commission which shall, after an opportunity for a hearing, order the appropriate relief. (8)(A) In the event any telegraph or telephone company has an existing, valid municipal franchise agreement as of January 1, 2008, the terms and conditions of such existing franchise agreement shall only remain effective and enforceable until the expiration of the existing agreement or December 31, 2012, whichever shall first occur. (B) In the event any telegraph or telephone company is paying an existing occupational license tax or fee, based on actual recurring local services revenues, as of January 1, 2008, such payment shall be considered the payment of due compensation without further action on the part of the municipal authority. In the event that the rate of such existing tax or fee exceeds 3 percent of actual recurring local service revenues, a payment by such telegraph or telephone company at the rate of 3 percent shall be considered the payment of due compensation without further action on the part of the municipal authority. (9) As used in this Code section, 'due compensation' for a municipal authority means an amount equal to no more than 3 percent of actual recurring local service revenues received by such company from its retail, end user customers located within the boundaries of such municipal authority. 'Actual recurring local service revenues' means those revenues customarily included in the Uniform System of Accounts as prescribed by the Federal Communications Commission for Class 'A' and 'B' companies; provided, however, that only the local service portion of the following accounts shall be included: (A) Basic local service revenue, as defined in 47 C.F.R. 32.5000; (B) Basic area revenue, as defined in 47 C.F.R. 32.5001; (C) Optional extended area revenue, as defined in 47 C.F.R. 32.5002; (D) Public telephone revenue, as defined in 47 C.F.R. 32.5010; (E) Local private line revenue, as defined in 47 C.F.R. 35.5040; provided, however, that the portion of such accounts attributable to audio and video program transmission service where both terminals of the private line are within the corporate limits of the municipal authority shall not be included; (F) Other local exchange revenue, as defined in 47 C.F.R. 32.5060; (G) Local exchange service, as defined in 47 C.F.R. 32.5069; (H) Network access revenue, as defined in 47 C.F.R. 32.5080; (I) Directory revenue, as defined in 47 C.F.R. 32.5320; provided, however, that the portion of such accounts attributable to revenue derived from listings in portion of directories not considered white pages shall not be included; (J) Nonregulated operating revenue, as defined in 47 C.F.R. 32.5280; provided, however, that the portion of such accounts attributable to revenues derived from 1090 JOURNAL OF THE SENATE private lines shall not be included; and (K) Uncollectible revenue, as defined in 47 C.F.R. 32.5300. Any charge imposed by a municipal authority shall be assessed in a nondiscriminatory and competitively neutral manner. (10) Any due compensation paid to municipal authorities pursuant to paragraph (9) of this subsection shall be in lieu of any other permit fee, encroachment fee, degradation fee, disruption fee, business license tax, occupational license tax, occupational license fee, or other fee otherwise permitted pursuant to the provisions of subparagraph (A) of paragraph (7) of Code Section 36-34-2 or Code Section 32-4-92 et seq. or any other provision of law regardless of nomenclature. (11) A telegraph or telephone company with facilities in the public rights of way of a municipal authority shall begin assessing due compensation, as defined in paragraph (a) of this subsection, on subscribers on the date that service commences unless such company is currently paying a municipal authoritys occupational license tax. Such due compensation shall be paid directly to each affected municipal authority within 30 calendar days after the last day of each calendar quarter. In the event that due compensation is not paid on or before 30 calendar days after the last day of each calendar quarter, the affected municipal authority shall provide written notice to such telegraph or telephone company, giving such company 15 calendar days from the date such company receives such notice to cure any such nonpayment. In the event the due compensation remitted to the affected municipal authority is not postmarked on or before the expiration of the 15 day cure period, such company shall pay interest thereon at a rate of 1 percent per month to the affected municipal authority. If the 15 day cure period expires on a Saturday, a Sunday, or a state legal holiday, the due date shall be the next business day. A telegraph or telephone company shall not be assessed any interest on late payments if due compensation was submitted in error to a neighboring municipal authority. (12) Each municipal authority may, no more than once annually, audit the business records of a telegraph or telephone company to the extent necessary to ensure payment in accordance with this Code section. As used in this Code section, 'audit' means a comprehensive review of the records of a company which is reasonably related to the calculation and payment of due compensation. Once any audited period of a company has been the subject of a requested audit, such audited period of such company shall not again be the subject of any audit. In the event of a dispute concerning the amount of due compensation due to an affected municipal authority under this Code section, an action may be brought in a court of competent jurisdiction by an affected municipal authority seeking to recover an additional amount alleged to be due or by a company seeking a refund of an alleged overpayment; provided, however, that any such action shall be brought within three years following the end of the quarter to which the disputed amount relates, although such time period may be extended by written agreement between the company and such affected municipal authority. Each party shall bear the partys own costs incurred in connection with any dispute. No municipal authority shall make the employment, appointment, payment, FRIDAY, FEBRUARY 22, 2008 1091 or retention of any person or entity engaged to perform an audit in any manner dependent or contingent upon the outcome of any such audit, including, without limitation, the audit findings and the recovery of fees, or the recovery of any other payments. A person or entity performing an audit may not solicit or accept compensation dependent or contingent in any manner upon the outcome of any such audit, including, without limitation, the audit findings, the recovery of fees, or the recovery of any other payments by a municipal authority. The auditing municipal authority shall bear the cost of the audit; provided, however, that if an affected municipal authority files an action to recover alleged underpayments of due compensation and a court of competent jurisdiction determines the company has underpaid due compensation due for any 12 month period by 10 percent or more, such company shall be required to pay such municipal authoritys reasonable costs associated with such audit along with any due compensation underpayments; provided, further, that late payments shall not apply. All undisputed amounts due to a municipal authority resulting from an audit shall be paid to the municipal authority within 45 days, or interest shall accrue. (13) The information provided pursuant to paragraph (1) of this subsection and any records or information furnished or disclosed by a telegraph or telephone company to an affected municipal authority pursuant to paragraph (12) of this subsection shall be exempt from public inspection under Code Section 50-18-70. It shall be the duty of such telegraph or telephone company to mark all such documents as exempt from Code Section 50-18-70, et seq., and the telegraph or telephone company shall defend, indemnify, and hold harmless any municipal authority and any municipal officer or employee in any request for, or in any action seeking, access to such records. (14) No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim an affected municipal authority may have for further or additional sums payable as due compensation. (15) Any amounts overpaid by a company as due compensation shall be deducted from future due compensation owed. (16) A telegraph or telephone company paying due compensation pursuant to this Code section may designate that portion of a subscribers bill attributable to such charge as a separate line item of the bill and recover such amount from the subscriber. (17) Nothing in this Code section shall affect the authority of a municipal authority to require telegraph or telephone companies accessing the public roads and highways and rights of way of a municipal authority to obtain permits and otherwise comply with the reasonable regulations established pursuant to paragraph (10) of subsection (a) of Code Section 32-4-92. (18) If a telegraph or telephone company does not have retail, end user customers located within the boundaries of a municipal authority, then the payment by such company at the same rates that such payments were being made as of January 1, 2008, to a municipal authority for the use of its rights of way shall be considered the payment of due compensation; provided, however, that at the expiration date of any existing agreement for use of such municipal rights of way or December 31, 2012, 1092 JOURNAL OF THE SENATE whichever is earlier, the payment at rates in accordance with the rates set by regulations promulgated by the Department of Transportation shall be considered the payment of due compensation. Provided, further, that if a telegraph or telephone company begins providing service after January 1, 2008, and such telegraph or telephone company does not have retail, end user customers located within the boundaries of a municipal authority, the payment by such company at rates in accordance with the rates set by regulations promulgated by the Department of Transportation to a municipal authority for the use of its rights of way shall be considered the payment of due compensation. (19) Nothing in this Code section shall be construed to affect any franchise fee payments which were in dispute on or before January 1, 2008. (c) If a telegraph or telephone company accesses the public roads and highways and rights of way of a county and such county requires such telegraph or telephone company to pay due compensation, such due compensation shall be limited to an administrative cost recoupment fee which shall not exceed such countys direct, actual costs incurred in its permitting process, including issuing and processing permits, plan reviews, physical inspection and direct administrative costs; and such costs shall be demonstrable and shall be equitable among applicable users of such countys roads and highways or rights of way. Permit fees shall not include the costs of highway or rights of way acquisition or any general administrative, management, or maintenance costs of the roads and highways or rights of way and shall not be imposed for any activity that does not require the physical disturbance of such public roads and highways or rights of way or does not impair access to or full use of such public roads and highways or rights of way. Nothing in this Code section shall affect the authority of a county to require a telegraph or telephone company to comply with reasonable regulations for construction of telephone lines and facilities in public highways or rights of way pursuant to the provisions of paragraph (6) of Code Section 32-4-42." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senators Shafer of the 48th, Thompson of the 33rd, Hawkins of the 49th and Murphy of the 27th offered the following amendment #1: Amend the committee substitute to SB 408 by striking lines 9 and 10 on page 5 and inserting in lieu thereof the following: existing tax or fee exceeds 3 percent of actual recurring local service revenues, that rate shall remain effective until December 31, 2012; thereafter, the payment by such telegraph or telephone company at the rate of 3 percent shall be On the adoption of the amendment, there were no objections, and the Shafer et al. amendment #1 to the committee substitute was adopted. FRIDAY, FEBRUARY 22, 2008 1093 On the adoption of the substitute, there were no objections, 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 N Brown Y Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Douglas N Fort Goggans E Golden E Grant Hamrick Y Harbison Y Harp Y Hawkins E Heath Y Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas,D E Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 42, nays 4. SB 408, 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 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: 1094 JOURNAL OF THE SENATE HB 989. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the "General Appropriations Act," approved May 30, 2007. The Speaker has appointed on the part of the House, Representatives Keen of the 179th, Burkhalter of the 50th, and Harbin of the 118th. The following bill was taken up to consider House action thereto: HB 989. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the "General Appropriations Act," approved May 30, 2007. Senator Hill of the 4th asked unanimous consent that the Senate adhere to its disagreement to the House amendment to the Senate substitute to HB 989 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Johnson of the 1st, Hill of the 4th and Williams of the 19th. Senator Johnson of the 1st moved that the Senate recess until 5:00 p.m. and then stand adjourned pursuant to SR 981 until 10:00 a.m. Tuesday, February 26, 2008; the motion prevailed, and at 10:36 a.m. the President announced the Senate adjourned. TUESDAY, FEBRUARY 26, 2008 1095 Senate Chamber, Atlanta, Georgia Tuesday, February 26, 2008 Twenty-third Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following 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 241. By Representatives Chambers of the 81st, Cooper of the 41st, Drenner of the 86th and Forster of the 3rd: 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 credit for previous training and experience; to provide for alternative means of obtaining the required education, training, and experience for licensure; to prohibit the use of certain titles unless a person is licensed; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 373. By Representatives Bridges of the 10th, Day of the 163rd, Collins of the 27th, Coleman of the 97th, Talton of the 145th and others: A BILL to be entitled an Act to amend Code Section 47-2-223 of the Official Code of Georgia Annotated, relating to retirement benefits in the Employees Retirement System of Georgia for those in service in the Uniform Division of the Department of Public Safety, so as to provide that 1096 JOURNAL OF THE SENATE such persons may return to full-time employment and retain their retirement benefits; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. HB 732. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Peace Officers Annuity and Benefit Fund, so as to provide that certain persons employed by the Composite State Board of Medical Examiners shall be eligible for membership in such fund; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. HB 815. By Representatives Rogers of the 26th, Harbin of the 118th, Smith of the 113th, Hembree of the 67th and Forster of the 3rd: 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 change the definition of persons who may opt between the Teachers Retirement System of Georgia and the Regents Retirement Plan; to change provisions relative to the employers contribution to the Regents Retirement Plan; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. HB 904. By Representatives Jerguson of the 22nd, Hill of the 21st, Hamilton of the 23rd, Sellier of the 136th, Millar of the 79th and others: A BILL to be entitled an Act to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning, so as to require certain employees to have state and national fingerprint record checks prior to employment; to revise certain definitions; to change certain provisions relating to records check requirements for applicants and notification to such applicants; to change certain provisions relating to requirements of individuals residing in family day-care homes; to remove preliminary records checks of employees and require state and national fingerprint determinations, except in limited circumstances; to provide that directors convicted of certain criminal acts lose the ability to serve as directors; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. TUESDAY, FEBRUARY 26, 2008 1097 HB 972. By Representatives Tumlin of the 38th, Lane of the 167th and Lindsey of the 54th: A BILL to be entitled an Act to amend Chapter 15 of Title 44 of the Official Code of Georgia Annotated, relating to the management of institutional funds, so as to enact the "Uniform Prudent Management of Institutional Funds Act"; to provide standards for charities to use in managing investments and spending from endowments; to provide for the management of institutional funds; to provide for a short title; to provide for applicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1066. By Representatives England of the 108th, Walker of the 107th, Neal of the 1st, Benton of the 31st and Mills of the 25th: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to regulation of alcoholic beverages generally, so as to prohibit certain conduct regarding vaporized forms of alcoholic beverages produced by alcohol vaporizing devices; to define certain terms; to provide for exceptions; to provide punishments for violations; to repeal conflicting laws; and for other purposes. HB 1126. By Representative Horne of the 71st: A BILL to be entitled an Act to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, relating to downtown development authorities, so as to provide that one director of a downtown development authority may reside outside the county provided that such director own a business in the downtown development area; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1250. By Representatives Tumlin of the 38th, Teilhet of the 40th, Parsons of the 42nd, Setzler of the 35th, Johnson of the 37th 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 29, 2007 (Ga. L. 2007, p. 4086), 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. 1098 JOURNAL OF THE SENATE HB 1255. By Representatives May of the 111th and Walker of the 107th: A BILL to be entitled an Act to create the Monroe Area Convention and Visitors Bureau Authority as a 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 Monroe, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the members of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 369. By Senators Douglas of the 17th, Johnson of the 1st, Goggans of the 7th, Hill of the 4th, Staton of the 18th and others: A BILL to be entitled an Act to amend Code Section 40-2-74.1 of the Official Code of Georgia Annotated, relating to special decal for persons with disabilities, so as to provide that the Department of Revenue shall accept the affidavit of active duty military physicians in support of a request for a parking permit for disabled persons; to provide for an affidavit; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 509. By Senators Rogers of the 21st and Shafer of the 48th: 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 revise substantially the manner and method of collecting local sales and use taxes; to change certain provisions regarding collection of certain local taxes by the state revenue commissioner; to change certain provisions regarding administration and collection of the joint county and municipal sales and use tax; to change certain provisions regarding required information on sales tax returns; to change certain provisions regarding distribution and use of proceeds of such tax; to change certain provisions regarding procedures for certifying additional qualified municipalities; to change certain provisions regarding distribution of TUESDAY, FEBRUARY 26, 2008 1099 proceeds to qualified municipalities which cease to be qualified;; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 510. By Senators Tate of the 38th, Reed of the 35th, Butler of the 55th, Davenport of the 44th, Seay of the 34th and others: A BILL to be entitled an Act to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, so as to allow their use in school zones only; to provide for definitions and operating requirements relative to such photographic speed-monitoring systems; to provide for enforcement; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 511. By Senators Tate of the 38th, Reed of the 35th, Shafer of the 48th, Adelman of the 42nd and Orrock of the 36th: A BILL to be entitled an Act to amend Code Section 15-18-80 of the Official Code of Georgia Annotated, relating to policy and procedure, so as to provide for pretrial intervention and diversion programs; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 512. By Senators Douglas of the 17th, Pearson of the 51st, Harp of the 29th, Murphy of the 27th and Schaefer of the 50th: 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 grants to students attending North Georgia College who accept a military commission; to provide for legislative findings; to provide for a definition; to provide for the amount of the grant; to provide for application for grants, certification of eligibility, and refunds; to provide for a pro rata reduction when funds are insufficient; to provide for audits of the college; to provide for a penalty for false statements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. 1100 JOURNAL OF THE SENATE SB 513. By Senators Fort of the 39th, Tate of the 38th, Reed of the 35th and Orrock of the 36th: A BILL to be entitled an Act to provide a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of 50 percent of the assessed value of the homestead for residents of that county who are 65 years of age or older and whose household income does not exceed 200 percent of the federal poverty level; 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 514. By Senators Harp of the 29th and Cowsert of the 46th: 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 change provisions relative to determination of residency of students; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SR 1020. By Senators Unterman of the 45th, Johnson of the 1st, Williams of the 19th, Seabaugh of the 28th and Moody of the 56th: A RESOLUTION creating the Senate Sexual Exploitation of Minors Study Committee; and for other purposes. Referred to the Health and Human Services Committee. SR 1024. By Senators Weber of the 40th, Adelman of the 42nd, Johnson of the 1st, Williams of the 19th and Reed of the 35th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the creation and comprehensive regulation of education improvement districts; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Finance Committee. TUESDAY, FEBRUARY 26, 2008 1101 The following House legislation was read the first time and referred to committee: HB 241. By Representatives Chambers of the 81st, Cooper of the 41st, Drenner of the 86th and Forster of the 3rd: 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 credit for previous training and experience; to provide for alternative means of obtaining the required education, training, and experience for licensure; to prohibit the use of certain titles unless a person is licensed; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 373. By Representatives Bridges of the 10th, Day of the 163rd, Collins of the 27th, Coleman of the 97th, Talton of the 145th and others: A BILL to be entitled an Act to amend Code Section 47-2-223 of the Official Code of Georgia Annotated, relating to retirement benefits in the Employees Retirement System of Georgia for those in service in the Uniform Division of the Department of Public Safety, so as to provide that such persons may return to full-time employment and retain their retirement benefits; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 732. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Peace Officers Annuity and Benefit Fund, so as to provide that certain persons employed by the Composite State Board of Medical Examiners shall be eligible for membership in such fund; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. 1102 JOURNAL OF THE SENATE HB 815. By Representatives Rogers of the 26th, Harbin of the 118th, Smith of the 113th, Hembree of the 67th and Forster of the 3rd: 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 change the definition of persons who may opt between the Teachers Retirement System of Georgia and the Regents Retirement Plan; to change provisions relative to the employers contribution to the Regents Retirement Plan; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 904. By Representatives Jerguson of the 22nd, Hill of the 21st, Hamilton of the 23rd, Sellier of the 136th, Millar of the 79th and others: A BILL to be entitled an Act to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning, so as to require certain employees to have state and national fingerprint record checks prior to employment; to revise certain definitions; to change certain provisions relating to records check requirements for applicants and notification to such applicants; to change certain provisions relating to requirements of individuals residing in family day-care homes; to remove preliminary records checks of employees and require state and national fingerprint determinations, except in limited circumstances; to provide that directors convicted of certain criminal acts lose the ability to serve as directors; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 972. By Representatives Tumlin of the 38th, Lane of the 167th and Lindsey of the 54th: A BILL to be entitled an Act to amend Chapter 15 of Title 44 of the Official Code of Georgia Annotated, relating to the management of institutional funds, so as to enact the "Uniform Prudent Management of Institutional Funds Act"; to provide standards for charities to use in managing investments and spending from endowments; to provide for the management of institutional funds; to provide for a short title; to provide for applicability; to provide for related TUESDAY, FEBRUARY 26, 2008 1103 matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. HB 1066. By Representatives England of the 108th, Walker of the 107th, Neal of the 1st, Benton of the 31st and Mills of the 25th: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to regulation of alcoholic beverages generally, so as to prohibit certain conduct regarding vaporized forms of alcoholic beverages produced by alcohol vaporizing devices; to define certain terms; to provide for exceptions; to provide punishments for violations; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 1126. By Representative Horne of the 71st: A BILL to be entitled an Act to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, relating to downtown development authorities, so as to provide that one director of a downtown development authority may reside outside the county provided that such director own a business in the downtown development area; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. HB 1250. By Representatives Tumlin of the 38th, Teilhet of the 40th, Parsons of the 42nd, Setzler of the 35th, Johnson of the 37th 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 29, 2007 (Ga. L. 2007, p. 4086), 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. HB 1255. By Representatives May of the 111th and Walker of the 107th: A BILL to be entitled an Act to create the Monroe Area Convention and 1104 JOURNAL OF THE SENATE Visitors Bureau Authority as a 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 Monroe, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the members 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. The following legislation was read the second time: HB 77 HB 297 HB 945 HB 1027 HB 1088 HR 1158 SB 217 SB 404 SB 436 SB 437 SB 440 SB 455 SB 456 SB 463 SB 466 SB 469 SB 474 SB 484 SB 490 SR 788 SR 820 The following Senators were excused for business outside the Senate Chamber: Butler of the 55th Golden of the 8th 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 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 Balfour Brown Bulloch Carter Chance Chapman Davenport Douglas Goggans Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Jones Me V Bremen Mullis Murphy Schaefer Seabaugh Seay Smith Staton Stoner Tarver Tate Thomas,D Thomas,R TUESDAY, FEBRUARY 26, 2008 1105 Hamrick Harbison Harp Hawkins Heath Orrock Pearson Powell Ramsey Rogers Thompson,C Tolleson Unterman Wiles Not answering were Senators: Butler (Excused) Golden (Excused) Moody (Excused) Thompson, S. Cowsert Grant Reed (Excused) Weber Fort Johnson Shafer Williams The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Cowsert Shafer Grant The members pledged allegiance to the flag. Senator Henson of the 41st introduced the chaplain of the day, Reverend Dr. Wendell Phillips of Stone Mountain, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 1016. By Senator Meyer von Bremen of the 12th: A RESOLUTION commending Operation Migration and recognizing the month of November as "Traditional Migration Month" at the capitol; and for other purposes. SR 1017. By Senator Rogers of the 21st: A RESOLUTION commending James Paul Watkins; and for other purposes. SR 1018. By Senators Douglas of the 17th and Meyer von Bremen of the 12th: A RESOLUTION recognizing and commending Lt. Colonel Dan Hammack III; and for other purposes. 1106 JOURNAL OF THE SENATE SR 1019. By Senators Orrock of the 36th, Reed of the 35th, Tate of the 38th, Fort of the 39th, Davenport of the 44th and others: A RESOLUTION recognizing and commending Mrs. Stephanie S. Hughley; and for other purposes. SR 1021. By Senators Henson of the 41st, Butler of the 55th, Adelman of the 42nd, Thompson of the 5th, Weber of the 40th and others: A RESOLUTION recognizing and commending the Sartain family; and for other purposes. SR 1022. By Senators Thomas of the 54th, Unterman of the 45th, Goggans of the 7th, Hawkins of the 49th, Smith of the 52nd and others: A RESOLUTION commending the Partnership for Health and Accountability; and for other purposes. SR 1023. By Senators Jackson of the 24th, Thomas of the 54th, Cowsert of the 46th, Unterman of the 45th, Goggans of the 7th and others: A RESOLUTION recognizing and expressing appreciation to Dennis O. Trudeau for his lifetime of military and public service; and for other purposes. SR 1025. By Senator Douglas of the 17th: A RESOLUTION recognizing Advancement Via Individual Determination (AVID) and declaring Tuesday, March 4, 2008, as AVID Day at the Capitol; and for other purposes. SR 1026. By Senators Douglas of the 17th, Tate of the 38th, Fort of the 39th, Hill of the 32nd, Murphy of the 27th and others: A RESOLUTION expressing regret at the passing of Police Officer Aaron Jovon Blount; and for other purposes. SR 1027. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Taylor Mullinax; and for other purposes. TUESDAY, FEBRUARY 26, 2008 1107 SENATE RULES CALENDAR TUESDAY, FEBRUARY 26, 2008 TWENTY-THIRD LEGISLATIVE DAY SB 332 MARTA; allow a transportation services contract to authorize the extension of/addition to the Authority's existing rail system (UAff-5th) SB 358 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter (Substitute)(B&FI-30th) SB 473 Accountants; increase regulatory protections for consumers of accounting services; definitions (RI&Util-28th) SB 400 Forestry/Fire; enforcement of laws; punishment of certain violations; forestry investigators; provide for qualifications/powers (NR&E-20th) SB 385 Limousine Carriers; provide for licensing to sell alcoholic beverages; annual applications/fees; sticker for each vehicle authorized (RI&Util-9th) SB 454 Alcoholic Beverages; any county which Sunday sale is authorized; may authorize the sale in public stadium, coliseums, and auditoriums (RI&Util-45th) SB 383 Ga. Affordable HSA Eligible High Deductible Health Plan; Insurance Commissioner; adopt policies to promote, approve, and encourage (Substitute)(I&L-32nd) 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 332. By Senators Thompson of the 5th, Stoner of the 6th, Henson of the 41st, Davenport of the 44th and Reed of the 35th: A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to allow a transportation services contract to authorize the extension of or addition to the Authoritys existing rapid rail system; to provide for an effective date; to repeal conflicting laws; and for other purposes. 1108 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch E Butler N Carter N Chance N Chapman N Cowsert Y Davenport N Douglas Y Fort Y Goggans E Golden N Grant Y Hamrick Y Harbison Y Harp N Hawkins N Heath Y Henson Hill,Jack N Hill,Judson Y Hooks N Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis N Murphy Y Orrock N Pearson Y Powell Y Ramsey Y Reed N Rogers N Schaefer N Seabaugh Y Seay Y Shafer,D N Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson N Unterman Y Weber N Wiles Y Williams On the passage of the bill, the yeas were 34, nays 18. SB 332, having received the requisite constitutional majority, was passed. Senator Hill of the 32nd recognized the special friendship between Georgia and the People's Republic of China and expressed our appreciation to Her Excellency Qiao Hong, the Consul General of China, Houston Consulate, commended by SR 831, adopted previously. Her Excellency Qiao Hong addressed the Senate briefly. Senator Goggans of the 7th introduced the first doctor of the day, Dr. James Barber. Senator Murphy of the 27th introduced the second doctor of the day, Dr. John Hill. Senator Weber of the 40th recognized the Professional Association of Georgia Educators (PAGE) and recognized "PAGE Day on Capitol Hill, designated by SR 849, adopted previously. Judy Teasley, President of PAGE, addressed the Senate briefly. The Calendar was resumed. TUESDAY, FEBRUARY 26, 2008 1109 SB 358. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Chapter 5 of Title 10 of the O.C.G.A., relating to securities, by repealing it in its entirety and enacting a new Chapter 5 of Title 10 to be known as the "Georgia Uniform Securities Act of 2008"; to provide for a short title; to provide for definitions; to provide for electronic records and signatures; to provide for exemptions from registration of securities; to provide for registration of securities and notice of filing of federal covered securities; to provide for denial, suspension, or revocation of securities registration; to provide for registration of broker-dealers, agents, investment advisers, investment adviser representatives, and federal covered investment advisers; to amend the O.C.G.A. to change certain references; to provide for applicability; 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 358: A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, by repealing it in its entirety and enacting a new Chapter 5 of Title 10 to be known as the "Georgia Uniform Securities Act of 2008"; to provide for a short title; to provide for definitions; to provide for electronic records and signatures; to provide for exemptions from registration of securities; to provide for registration of securities and notice of filing of federal covered securities; to provide for denial, suspension, or revocation of securities registration; to provide for registration of broker-dealers, agents, investment advisers, investment adviser representatives, and federal covered investment advisers; to provide for termination or transfer of employment of investment advisers; to provide for succession, change, or withdrawal of registration; to provide for filing fees and postregistration requirements; to provide for fraud and liabilities; to provide for prohibited conduct in providing investment advice; to provide for filing of sales and advertising literature; to provide for qualified immunity and civil and criminal penalties; to provide for rescission offers; to provide for administration and judicial review; to provide for investigations and subpoenas; to provide for uniformity and cooperation with other agencies; to provide for jurisdiction and service of process; to amend the Official Code of Georgia Annotated to change certain references; to provide for applicability; 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: 1110 JOURNAL OF THE SENATE SECTION 1. Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, is repealed in its entirety and replaced by a new Chapter 5 to read as follows: "CHAPTER 5 ARTICLE 1 10-5-1. This chapter shall be known as and may be cited as the 'Georgia Uniform Securities Act of 2008.' 10-5-2. As used in this chapter, the term: (1) 'Agent' means an individual, other than a broker-dealer, who represents a brokerdealer in effecting or attempting to effect purchases or sales of securities or who represents an issuer in effecting or attempting to effect purchases or sales of the issuers securities. A partner, officer, or director of a broker-dealer or issuer or an individual having a similar status or performing similar functions may be an agent if the individual performs the duties of an agent. This term does not include an individual excluded by rule adopted or order issued under this chapter. (2) 'Bank' means: (A) A banking institution organized under the laws of the United States; (B) A member bank of the Federal Reserve System; (C) Any other banking institution, whether incorporated or not, doing business under the laws of a state or of the United States, a substantial portion of the business of which consists of receiving deposits or exercising fiduciary powers similar to those permitted to be exercised by national banks under the authority of the Comptroller of the Currency pursuant to Section 1 of P. L. 87-722, 12 U.S.C. Section 92a, and which is supervised and examined by a state or federal agency having supervision over banks and which is not operated for the purpose of evading this chapter; or (D) A receiver, conservator, or other liquidating agent of any institution or firm included in subparagraph (A), (B), or (C) of this paragraph. (3) 'Broker-dealer' means a person engaged in the business of effecting transactions in securities for the account of others or for the persons own account. The term does not include: (A) An agent; (B) An issuer; (C) A bank, trust company, credit union, or savings institution if its activities as a broker-dealer are limited to those specified in subsections 3(a)(4)(B)(i) through (vi), (viii) through (x), and (xi) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78c(a)(4), if limited to unsolicited transactions, subsections 3(a)(5)(B) and TUESDAY, FEBRUARY 26, 2008 1111 3(a)(5)(C) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78c(a)(5), or a bank that satisfies the conditions described in subsection 3(a)(4)(E) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78c(a)(4); (D) An international banking institution; or (E) A person excluded by rule adopted or order issued under this chapter. (4) 'Central Registration Depository' means a computerized data base that contains information about most brokers, their representatives, and the firms they work for. It can be used to find out if brokers are properly licensed and if they have had previous disputes with regulators or received serious complaints from investors. (5) 'Credit union' means any credit union incorporated under the laws of this state, the United States, or any state or territory of the United States or the District of Columbia. (6) 'Commissioner' means the Secretary of State of Georgia. (7)(A) 'Depository institution' means: (i) A bank; or (ii) A savings institution, trust company, credit union, or similar institution that is organized or chartered under the laws of a state or of the United States, authorized to receive deposits, and supervised and examined by an official or agency of a state or the United States if its deposits or share accounts are insured to the maximum amount authorized by statute by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund or a successor authorized by federal law. (B) The term does not include: (i) An insurance company or other organization primarily engaged in the business of insurance; (ii) A Morris Plan bank; or (iii) An industrial loan company that is not an 'insured depository institution' as defined in subsection 3(c)(2) of the Federal Deposit Insurance Act, 12 U.S.C. Section 1813(c)(2), or any successor federal statute. (8) 'Federal covered investment adviser' means a person registered under the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-1, et seq. (9) 'Federal covered security' means a security that is, or upon completion of a transaction will be, a covered security under Section 18(b) of the Securities Act of 1933, 15 U.S.C. Section 77r(b), or rules or regulations adopted pursuant to that provision. (10) 'Filing' means the receipt under this chapter of a record by the Commissioner or a designee of the Commissioner. (11) 'Fraud,' 'deceit,' or 'defraud' is not limited to common law deceit. (12) 'Guaranteed' means guaranteed as to payment of all principal and all interest. (13) 'Institutional investor' means any of the following, whether acting for itself or for others in a fiduciary capacity: (A) A depository institution or international banking institution; (B) An insurance company; (C) A separate account of an insurance company; 1112 JOURNAL OF THE SENATE (D) An investment company as defined in the Investment Company Act of 1940, 15 U.S.C. Section 80a-1, et seq.; (E) A broker-dealer registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq.; (F) An employee pension, profit-sharing, or benefit plan if the plan has total assets in excess of $10 million or its investment decisions are made by a named fiduciary, as defined in the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq., that is a broker-dealer registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., an investment adviser registered or exempt from registration under the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-1, et seq., an investment adviser registered under this chapter, a depository institution, or an insurance company; (G) A plan established and maintained by a state, a political subdivision of a state, or an agency or instrumentality of a state or a political subdivision of a state for the benefit of its employees if the plan has total assets in excess of $10 million or its investment decisions are made by a duly designated public official or by a named fiduciary, as defined in the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq., that is a broker-dealer registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., an investment adviser registered or exempt from registration under the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-1, et seq., an investment adviser registered under this chapter, a depository institution, or an insurance company; (H) A trust if it has total assets in excess of $10 million, its trustee is a depository institution, and its participants are exclusively plans of the types identified in subparagraph (F) or (G) of this paragraph, regardless of the size of their assets, except a trust that includes as participants self-directed individual retirement accounts or similar self-directed plans; (I) An organization that is not formed for the specific purpose of acquiring the securities offered, with total assets in excess of $10 million, including an organization described in subsection 501(c)(3) of the Internal Revenue Code, 26 U.S.C. Section 501(c)(3), a corporation, a Massachusetts trust or similar business trust, a limited liability company, or a partnership; (J) A small business investment company licensed by the Small Business Administration under Section 301(c) of the Small Business Investment Act of 1958, 15 U.S.C. Section 681(c), with total assets in excess of $10 million; (K) A private business development company as defined in Section 202(a)(22) of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-2(a)(22), with total assets in excess of $10 million; (L) A federal covered investment adviser acting for its own account; (M) A qualified institutional buyer as defined in Rule 144A(a)(1), other than Rule 144A(a)(1)(H),17 C.F.R. 230.144A, adopted under the Securities Act of 1933,15 U.S.C. Section 77a, et seq.; (N) A major United States institutional investor as defined in Rule 15a-6(b)(4)(I), TUESDAY, FEBRUARY 26, 2008 1113 17 C.F.R. 240.15a-6, adopted under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq.; (O) Any other person, other than an individual, of institutional character with total assets in excess of $10 million not organized for the specific purpose of evading this chapter; or (P) Any other person specified by rule adopted or order issued under this chapter. (14) Insurance company means a company organized as an insurance company whose primary business is writing insurance or reinsuring risks underwritten by insurance companies and which is subject to supervision by the insurance commissioner or a similar official or agency of a state. (15) 'Insured' means insured as to payment of all principal and all interest. (16) International banking institution means an international financial institution of which the United States is a member and whose securities are exempt from registration under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq. (17) 'Investment adviser' means a person that, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as a part of a regular business, issues or promulgates analysis or reports concerning securities. The term includes a financial planner or other person that, as an integral component of other financially related services, provides investment advice to others for compensation as part of a business or that holds itself out as providing investment advice to others for compensation. The term does not include: (A) An investment adviser representative; (B) A lawyer, accountant, engineer, or teacher whose performance of investment advice is solely incidental to the practice of the persons profession; (C) A broker-dealer or its agents whose performance of investment advice is solely incidental to the conduct of business as a broker-dealer and that does not receive special compensation for the investment advice; (D) A publisher of a bona fide newspaper, news magazine, or business or financial publication of general and regular circulation; (E) A federal covered investment adviser; (F) A bank or savings institution; (G) Any other person that is excluded by the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-1, et seq., from the definition of investment adviser; or (H) Any other person excluded by rule adopted or order issued under this chapter. (18) 'Investment Adviser Registration Depository' means an electronic filing system that facilitates investment adviser registration, regulatory review, and the public disclosure information of investment adviser firms. (19) 'Investment adviser representative' means an individual employed by or associated with an investment adviser or federal covered investment adviser who makes any recommendations or otherwise gives investment advice regarding securities, manages accounts or portfolios of clients, determines which 1114 JOURNAL OF THE SENATE recommendation or advice regarding securities should be given, provides investment advice or holds herself or himself out as providing investment advice, receives compensation to solicit, offer, or negotiate for the sale of or for selling investment advice, or supervises employees who perform any of the foregoing. The term does not include an individual who: (A) Performs only clerical or ministerial acts; (B) Is an agent whose performance of investment advice is solely incidental to the individual acting as an agent and who does not receive special compensation for investment advisory services; (C) Is employed by or associated with a federal covered investment adviser, unless the individual has a place of business in this state as that term is defined by rule adopted under Section 203A of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-3a, and is: (i) An investment adviser representative as that term is defined by rule adopted under Section 203A of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-3a; or (ii) Not a supervised person as that term is defined in Section 202(a)(25) of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-2(a)(25); or (D) Is excluded by rule adopted or order issued under this chapter. (20) 'Issuer' means a person that issues or proposes to issue a security, subject to the following: (A) The issuer of a voting trust certificate, collateral trust certificate, certificate of deposit for a security, or share in an investment company without a board of directors or individuals performing similar functions is the person performing the acts and assuming the duties of depositor or manager pursuant to the trust or other agreement or instrument under which the security is issued; (B) The issuer of an equipment trust certificate or similar security serving the same purpose is the person by which the property is or will be used or to which the property or equipment is or will be leased or conditionally sold or that is otherwise contractually responsible for assuring payment of the certificate; or (C) The issuer of a fractional undivided interest in an oil, gas, or other mineral lease or in payments out of production under a lease, right, or royalty is the owner of an interest in the lease or in payments out of production under a lease, right, or royalty, whether whole or fractional, that creates fractional interests for the purpose of sale. (21) 'Nonissuer transaction' or 'nonissuer distribution' means a transaction or distribution not directly or indirectly for the benefit of the issuer. (22) 'Offer to purchase' includes an attempt or offer to obtain or solicitation of an offer to sell a security or interest in a security for value. The term does not include a tender offer that is subject to Section 14(d) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78n(d). (23) 'Person' means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other TUESDAY, FEBRUARY 26, 2008 1115 legal or commercial entity. (24) Place of business of a broker-dealer, an investment adviser, or a federal covered investment adviser means: (A) An office at which the broker-dealer, investment adviser, or federal covered investment adviser regularly provides brokerage or investment advice or solicits, meets with, or otherwise communicates with customers or clients; or (B) Any other location that is held out to the general public as a location at which the broker-dealer, investment adviser, or federal covered investment adviser provides brokerage or investment advice or solicits, meets with, or otherwise communicates with customers or clients. (25) 'Predecessor Act' means Chapter 5 of this title, the 'Georgia Securities Act of 1973', as it existed immediately prior to the effective date of this chapter. (26) 'Price amendment' means the amendment to a registration statement filed under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., or, if an amendment is not filed, the prospectus or prospectus supplement filed under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., that includes a statement of the offering price, underwriting and selling discounts or commissions, amount of proceeds, conversion rates, call prices, and other matters dependent upon the offering price. (27) 'Principal place of business' of a broker-dealer or an investment adviser means the executive office of the broker-dealer or investment adviser from which the officers, partners, or managers of the broker-dealer or investment adviser direct, control, and coordinate the activities of the broker-dealer or investment adviser. (28) 'Record,' except in the phrases 'of record,' 'official record,' and 'public record,' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (29) 'Sale' includes every contract of sale, contract to sell, or disposition of a security or interest in a security for value. Offer to sell includes every attempt or offer to dispose of or solicitation of an offer to purchase a security or interest in a security for value. Both terms include: (A) A security given or delivered with or as a bonus on account of a purchase of securities or any other thing constituting part of the subject of the purchase and having been offered and sold for value; (B) A gift of assessable stock involving an offer and sale; and (C) A sale or offer of a warrant or right to purchase or subscribe to another security of the same or another issuer and a sale or offer of a security that gives the holder a present or future right or privilege to convert the security into another security of the same or another issuer, including an offer of the other security. (30) 'Securities and Exchange Commission' means the United States Securities and Exchange Commission. (31) 'Security' means a note; stock; treasury stock; security future; bond; debenture; evidence of indebtedness; certificate of interest or participation in a profit-sharing agreement; collateral trust certificate; preorganization certificate or subscription; transferable share; investment contract; voting trust certificate; certificate of deposit 1116 JOURNAL OF THE SENATE for a security; fractional undivided interest in oil, gas, or other mineral rights; put, call, straddle, option, or privilege on a security, certificate of deposit, or group or index of securities, including an interest therein or based on the value thereof; put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency; or, in general, an interest or instrument commonly known as a 'security'; or a certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the foregoing. The term: (A) Includes both a certificated and an uncertificated security; (B) Does not include an insurance or endowment policy or annuity contract under which an insurance company promises to pay a fixed or variable sum of money either in a lump sum or periodically for life or other specified period; (C) Does not include an interest in a contributory or noncontributory pension or welfare plan subject to the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq.; (D) Includes as an investment contract an investment in a common enterprise with the expectation of profits to be derived primarily from the efforts of a person other than the investor where common enterprise means an enterprise in which the fortunes of the investor are interwoven with those of either the person offering the investment, a third party, or other investors; and (E) Includes as an investment contract, among other contracts, an interest in a limited partnership or a limited liability company and an investment in a viatical settlement or similar agreement. (32) 'Self-regulatory organization' means a national securities exchange registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., a national securities association of broker-dealers registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., a clearing agency registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., or the Municipal Securities Rulemaking Board established under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq. (33) 'Sign' means, with present intent to authenticate or adopt a record: (A) To execute or adopt a tangible symbol; or (B) To attach or logically associate with the record an electronic symbol, sound, or process. (34) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. 10-5-3. Any citation in this chapter to a section of the United States Code includes those statutes and the rules and regulations adopted under those statutes as in effect on the date of enactment of this chapter, or as later amended. TUESDAY, FEBRUARY 26, 2008 1117 10-5-4. A reference in this chapter to an agency or department of the United States is also a reference to a successor agency or department. 10-5-5. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b). This chapter authorizes the filing of records and signatures, when specified by provisions of this chapter or by a rule adopted or order issued under this chapter, in a manner consistent with Section 104(a) of that act, 15 U.S.C. Section 7004(a). ARTICLE 2 10-5-10. The following securities are exempt from the requirements of Article 3 of this chapter and Code Section 10-5-53: (1) A security, including a revenue obligation or a separate security as defined in Rule 131, 17 C.F.R. 230.131, adopted under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., issued, insured, or guaranteed by the United States; by a state; by a political subdivision of a state; by a public authority, agency, or instrumentality of one or more states; by a political subdivision of one or more states; or by a person controlled or supervised by and acting as an instrumentality of the United States under authority granted by the Congress or a certificate of deposit for any of the foregoing; (2) A security issued, insured, or guaranteed by a foreign government with which the United States maintains diplomatic relations, or any of its political subdivisions, if the security is recognized as a valid obligation by the issuer, insurer, or guarantor; (3) A security issued by and representing or that will represent an interest in or a direct obligation of or be guaranteed by: (A) An international banking institution; (B) A banking institution organized under the laws of the United States; a member bank of the Federal Reserve System; or a depository institution a substantial portion of the business of which consists or will consist of receiving deposits or share accounts that are insured to the maximum amount authorized by statute by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund or a successor authorized by federal law or exercising fiduciary powers that are similar to those permitted for national banks under the authority of the Comptroller of Currency pursuant to Section 1 of P. L. 87-722, 12 U.S.C. Section 92a; or (C) Any other depository institution, unless by rule or order the Commissioner proceeds under Code Section 10-5-13; (4) A security issued by and representing an interest in, or a debt of, or insured or 1118 JOURNAL OF THE SENATE guaranteed by, an insurance company authorized to do business in this state; (5) A security issued or guaranteed by a railroad, other common carrier, public utility, or public utility holding company that is: (A) Regulated in respect to its rates and charges by the United States or a state; (B) Regulated in respect to the issuance or guarantee of the security by the United States, a state, Canada, or a Canadian province or territory; or (C) A public utility holding company registered under the Public Utility Holding Company Act of 1935 or a subsidiary of such a registered holding company within the meaning of that act; (6) A federal covered security specified in Section 18(b)(1) of the Securities Act of 1933, 15 U.S.C. Section 77r(b)(1), or by rule adopted under that provision or a security listed or approved for listing on another securities market specified by rule under this chapter; a put or a call option contract; a warrant; a subscription right on or with respect to such securities; or an option or similar derivative security on a security or an index of securities or foreign currencies issued by a clearing agency registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 77a, et seq., and listed or designated for trading on a national securities exchange, a facility of a national securities exchange, or a facility of a national securities association registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 77a, et seq., or an offer or sale of the underlying security in connection with the offer, sale, or exercise of an option or other security that was exempt when the option or other security was written or issued; or an option or a derivative security designated by the Securities and Exchange Commission under Section 9(b) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78i(b); (7) A security issued by a person organized and operated exclusively for religious, educational, benevolent, fraternal, charitable, social, athletic, or reformatory purposes or as a chamber of commerce and not for pecuniary profit, no part of the net earnings of which inures to the benefit of a private stockholder or other person; or a security of a company that is excluded from the definition of an investment company under Section 3(c)(10)(B) of the Investment Company Act of 1940, 15 U.S.C. Section 80b3(c)(10)(B); except that with respect to the offer or sale of a note, bond, debenture, or other evidence of indebtedness issued by such a person, a rule may be adopted under this chapter limiting the availability of this exemption by classifying securities, persons, and transactions, imposing different requirements for different classes, specifying with respect to Section 3(c)(10)(B) of the Investment Company Act of 1940, 15 U.S.C. Section 80b-3(c)(10)(B), the scope of the exemption and the grounds for denial or suspension, and requiring an issuer: (A) To file a notice specifying the material terms of the proposed offer or sale and copies of any proposed sales and advertising literature to be used and provide that the exemption becomes effective if the Commissioner does not disallow the exemption within the period established by the rule; (B) To file a request for exemption authorization for which a rule under this chapter may specify the scope of the exemption, the requirement of an offering statement, TUESDAY, FEBRUARY 26, 2008 1119 the filing of sales and advertising literature, the filing of consent to service of process complying with Code Section 10-5-80, and grounds for denial or suspension of the exemption; or (C) To register under Code Section 10-5-23; (8) A members or owners interest in, retention certificate, or like security given in lieu of a cash patronage dividend issued by, a cooperative organized and operated as a nonprofit membership cooperative under the cooperative laws of a state, but not a members or owners interest, retention certificate, or like security sold to persons other than bona fide members of the cooperative; and (9) An equipment trust certificate with respect to equipment leased or conditionally sold to a person if any security issued by the person would be exempt under this Code section or would be a federal covered security under Section 18(b)(1) of the Securities Act of 1933, 15 U.S.C. Section 77r(b)(1). 10-5-11. The following transactions are exempt from the requirements of Article 3 of this chapter and Code Section 10-5-53: (1) An isolated nonissuer transaction, whether effected by or through a broker-dealer or not; (2) A nonissuer transaction by or through a broker-dealer registered, or exempt from registration under this chapter, and a resale transaction by a sponsor of a unit investment trust registered under the Investment Company Act of 1940, 15 U.S.C. Section 80a-1, et seq., in a security of a class that has been outstanding in the hands of the public for at least 90 days, if, at the date of the transaction: (A) The issuer of the security is engaged in business, the issuer is not in the organizational stage or in bankruptcy or receivership, and the issuer is not a blank check, blind pool, or shell company that has no specific business plan or purpose or has indicated that its primary business plan is to engage in a merger or combination of the business with, or an acquisition of, an unidentified person; (B) The security is sold at a price reasonably related to its current market price; (C) The security does not constitute the whole or part of an unsold allotment to or a subscription or participation by the broker-dealer as an underwriter of the security or a redistribution; (D) A nationally recognized securities manual or its electronic equivalent designated by rule adopted or order issued under this chapter or a record filed with the Securities and Exchange Commission that is publicly available contains: (i) A description of the business and operations of the issuer; (ii) The names of the issuers executive officers and the names of the issuers directors, if any; (iii) An audited balance sheet of the issuer as of a date within 18 months before the date of the transaction or, in the case of a reorganization or merger when the parties to the reorganization or merger each had an audited balance sheet, a pro forma balance sheet for the combined organization; and 1120 JOURNAL OF THE SENATE (iv) An audited income statement for each of the issuers two immediately previous fiscal years or for the period of existence of the issuer, whichever is shorter, or, in the case of a reorganization or merger when each party to the reorganization or merger had an audited income statement, a pro forma income statement; and (E) The issuer of the security has a class of equity securities listed on a national securities exchange registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., or designated for trading on the National Association of Securities Dealers Automated Quotation System, unless the issuer of the security is a unit investment trust registered under the Investment Company Act of 1940, 15 U.S.C. Section 80a-1, et seq.; or the issuer of the security, including its predecessors, has been engaged in continuous business for at least three years; or the issuer of the security has total assets of at least $2 million based on an audited balance sheet as of a date within 18 months before the date of the transaction or, in the case of a reorganization or merger when the parties to the reorganization or merger each had an audited balance sheet, a pro forma balance sheet for the combined organization; (3) A nonissuer transaction by or through a broker-dealer registered or exempt from registration under this chapter in a security of a foreign issuer that is a margin security defined in regulations or rules adopted by the Board of Governors of the Federal Reserve System; (4) A nonissuer transaction by or through a broker-dealer registered or exempt from registration under this chapter in an outstanding security if the guarantor of the security files reports with the Securities and Exchange Commission under the reporting requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78m or 78o(d); (5) A nonissuer transaction by or through a broker-dealer registered or exempt from registration under this chapter in a security that: (A) Is rated at the time of the transaction by a nationally recognized statistical rating organization in one of its four highest rating categories; or (B) Has a fixed maturity or a fixed interest or dividend if: (i) A default has not occurred during the current fiscal year or within the three previous fiscal years or during the existence of the issuer and any predecessor, if less than three fiscal years, in the payment of principal, interest, or dividends on the security; and (ii) The issuer is engaged in business, is not in the organizational stage or in bankruptcy or receivership, and is not and has not been within the previous 12 months a blank check, blind pool, or shell company that has no specific business plan or purpose or has indicated that its primary business plan is to engage in a merger or combination of the business with or an acquisition of an unidentified person; (6) A nonissuer transaction by or through a broker-dealer registered or exempt from registration under this chapter effecting an unsolicited order or offer to purchase; TUESDAY, FEBRUARY 26, 2008 1121 (7) A nonissuer transaction executed by a bona fide pledgee without the purpose of evading this chapter; (8) A nonissuer transaction by a federal covered investment adviser with investments under management in excess of $100 million acting in the exercise of discretionary authority in a signed record for the account of others; (9) A transaction in a security, whether or not the security or transaction is otherwise exempt, in exchange for one or more bona fide outstanding securities, claims, or property interests, or partly in such exchange and partly for cash, if the terms and conditions of the issuance and exchange or the delivery and exchange and the fairness of the terms and conditions have been approved by the Commissioner after a hearing; (10) A transaction between the issuer or other person on whose behalf the offering is made and an underwriter or among underwriters; (11) A transaction in a note, bond, debenture, or other evidence of indebtedness secured by a mortgage or other security agreement if: (A) The note, bond, debenture, or other evidence of indebtedness is offered and sold with the mortgage or other security agreement as a unit; (B) A general solicitation or general advertisement of the transaction is not made; and (C) A commission or other remuneration is not paid or given, directly or indirectly, to a person not registered under this chapter as a broker-dealer or as an agent; (12) A transaction by an executor, commissioner of an estate, sheriff, marshal, receiver, trustee in bankruptcy, guardian, or conservator; (13) A sale or offer to sell to: (A) An institutional investor; (B) A federal covered investment adviser; or (C) Any other person exempted by rule adopted or order issued under this chapter; (14) A sale or an offer to sell securities of an issuer if part of a single issue in which: (A) Not more than 15 purchasers are present in this state during any 12 consecutive months, other than those designated in paragraph (13) of this Code section; (B) A general solicitation or general advertising is not made in connection with the offer to sell or sale of the securities; (C) A commission or other remuneration is not paid or given, directly or indirectly, to any person for soliciting a prospective purchaser in this state; and (D) The issuer reasonably believes that all the purchasers in this state, other than those designated in paragraph (13) of this Code section, are purchasing for investment; (15) A transaction under an offer to existing security holders of the issuer, including persons that at the date of the transaction are holders of convertible securities, options, or warrants if a commission or other remuneration, other than a standby commission, is not paid or given, directly or indirectly, for soliciting a security holder in this state; (16) An offer to sell, but not a sale, of a security not exempt from registration under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., if: (A) A registration or offering statement or similar record as required under the 1122 JOURNAL OF THE SENATE Securities Act of 1933, 15 U.S.C. Section 77a, et seq., has been filed but is not effective, or the offer is made in compliance with Rule 165, 17 C.F.R. 230.165, adopted under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq.; and (B) A stop order of which the offeror is aware has not been issued against the offeror by the Commissioner or the Securities and Exchange Commission, and an audit, inspection, or proceeding that is public and that may culminate in a stop order is not known by the offeror to be pending; (17) An offer to sell, but not a sale, of a security exempt from registration under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., if: (A) A registration statement has been filed under this chapter but is not effective; (B) A solicitation of interest is provided in a record to offerees in compliance with a rule adopted by the Commissioner under this chapter; and (C) A stop order of which the offeror is aware has not been issued by the Commissioner under this chapter, and an audit, inspection, or proceeding that may culminate in a stop order is not known by the offeror to be pending; (18) A transaction involving the distribution of the securities of an issuer to the security holders of another person in connection with a merger, consolidation, exchange of securities, sale of assets, or other reorganization to which the issuer, or its parent or subsidiary, and the other person, or its parent or subsidiary, are parties; (19) A rescission offer, sale, or purchase under Code Section 10-5-59; (20) An offer or sale of a security to a person not a resident of this state and not present in this state if the offer or sale does not constitute a violation of the laws of the state or foreign jurisdiction in which the offeree or purchaser is present and is not part of an unlawful plan or scheme to evade this chapter; (21) Employees stock purchase, savings, option, profit-sharing, pension, or similar employees benefit plan, including any securities, plan interests, and guarantees issued under a compensatory benefit plan or compensation contract, contained in a record, and established by the issuer, its parents, its majority-owned subsidiaries, or the majority-owned subsidiaries of the issuers parent for the participation of their employees including offers or sales of such securities to: (A) Directors; general partners; trustees, if the issuer is a business trust; officers; consultants; and advisers; (B) Family members who acquire such securities from those persons through gifts or domestic relations orders; (C) Former employees, directors, general partners, trustees, officers, consultants, and advisers if those individuals were employed by or providing services to the issuer when the securities were offered; and (D) Insurance agents who are exclusive insurance agents of the issuer or the issuers subsidiaries or parents or who derive more than 50 percent of their annual income from those organizations; (22) A transaction involving: (A) A stock dividend or equivalent equity distribution, whether the corporation or other business organization distributing the dividend or equivalent equity TUESDAY, FEBRUARY 26, 2008 1123 distribution is the issuer or not, if nothing of value is given by stockholders or other equity holders for the dividend or equivalent equity distribution other than the surrender of a right to a cash or property dividend if each stockholder or other equity holder may elect to take the dividend or equivalent equity distribution in cash, property, or stock; (B) An act incident to a judicially approved reorganization in which a security is issued in exchange for one or more outstanding securities, claims, or property interests or partly in such exchange and partly for cash; or (C) The solicitation of tenders of securities by an offeror in a tender offer in compliance with Rule 162, 17 C.F.R. 230.162, adopted under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq.; and (23) A nonissuer transaction in an outstanding security by or through a broker-dealer registered or exempt from registration under this chapter if the issuer is a reporting issuer in a foreign jurisdiction designated by this paragraph or by rule adopted or order issued under this chapter; has been subject to continuous reporting requirements in the foreign jurisdiction for not less than 180 days before the transaction; and the security is listed on the foreign jurisdictions securities exchange that has been designated by this paragraph or by rule adopted or order issued under this chapter or is a security of the same issuer that is of senior or substantially equal rank to the listed security or is a warrant or right to purchase or subscribe to any of the foregoing. For purposes of this paragraph, Canada, together with its provinces and territories, is a designated foreign jurisdiction and The Toronto Stock Exchange, Inc., is a designated securities exchange. After an administrative hearing in compliance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the Commissioner, by rule adopted or order issued under this chapter, may revoke the designation of a securities exchange under this paragraph, if the Commissioner finds that revocation is necessary or appropriate in the public interest and for the protection of investors. 10-5-12. A rule adopted or order issued under this chapter may exempt a security, transaction, or offer; a rule adopted under this chapter may exempt a class of securities, transactions, or offers from any or all of the requirements of Article 3 of this chapter and Code Section 10-5-53; and an order issued under this chapter may waive, in whole or in part, any or all of the conditions for an exemption or offer under Code Sections 10-5-10 and 10-5-11. 10-5-13. (a) Except with respect to a federal covered security or a transaction involving a federal covered security, an order issued under this chapter may deny, suspend application of, condition, limit, or revoke an exemption created under subparagraph (C) of paragraph (3) or paragraph (7) or (8) of Code Section 10-5-10 or under Code Section 10-5-11 or an exemption or waiver created under Code Section 10-5-12 with respect to a specific security, transaction, or offer. An order issued under this Code 1124 JOURNAL OF THE SENATE section may be issued only pursuant to the procedures in subsection (d) of Code Section 10-5-25 or 10-5-73 and only prospectively. (b) A person does not violate Code Section 10-5-20, 10-5-22 through 10-5-25, 10-553, or 10-5-59 by an offer to sell, offer to purchase, sale, or purchase effected after the entry of an order issued under this Code section if the person did not know, and in the exercise of reasonable care could not have known, of the order. ARTICLE 3 10-5-20. It is unlawful for a person to offer or sell a security in this state unless: (1) The security is a federal covered security; (2) The security, transaction, or offer is exempted from registration under Code Sections 10-5-10 through 10-5-12; or (3) The security is registered under this chapter. 10-5-21. (a) With respect to a federal covered security, as defined in Section 18(b)(2) of the Securities Act of 1933, 15 U.S.C. Section 77r(b)(2), that is not otherwise exempt under Code Sections 10-5-10 through 10-5-12, a rule adopted or order issued under this chapter may require the filing of any or all of the following records: (1) Before the initial offer of a federal covered security in this state, all records that are part of a federal registration statement filed with the Securities and Exchange Commission under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., and a consent to service of process complying with Code Section 10-5-80 signed by the issuer and the payment of a fee of $250.00; (2) After the initial offer of the federal covered security in this state, all records that are part of an amendment to a federal registration statement filed with the Securities and Exchange Commission under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq.; and (3) To the extent necessary or appropriate to compute fees, a report of the value of the federal covered securities sold or offered to persons present in this state, if the sales data are not included in records filed with the Securities and Exchange Commission and payment of a fee of $250.00. (b) A notice filing under subsection (a) of this Code section is effective for one year commencing on the later of the notice filing or the effectiveness of the offering filed with the Securities and Exchange Commission. On or before expiration, the issuer may renew a notice filing by filing a copy of those records filed by the issuer with the Securities and Exchange Commission that are required by rule adopted or order issued under this chapter to be filed and by paying a renewal fee of $100.00. A previously filed consent to service of process complying with Code Section 10-5-80 may be incorporated by reference in a renewal. A renewed notice filing becomes effective upon the expiration of the filing being renewed. TUESDAY, FEBRUARY 26, 2008 1125 (c) With respect to a security that is a federal covered security under Section 18(b)(4)(D) of the Securities Act of 1933, 15 U.S.C. Section 77r(b)(4)(D), a rule adopted under this chapter may require a notice filing by or on behalf of an issuer to include a copy of Form D, including the Appendix, as promulgated by the Securities and Exchange Commission, and a consent to service of process complying with Code Section 10-5-80 signed by the issuer not later than 15 days after the first sale of the federal covered security in this state and the payment of a fee of $250.00. (d) Except with respect to a federal security under Section 181(b)(1) of the Securities Act of 1933, 15 U.S.C. Section 77r(b)(1), if the Commissioner finds that there is a failure to comply with a notice or fee requirement of this Code section, the Commissioner may issue a stop order suspending the offer and sale of a federal covered security in this state. If the deficiency is corrected, the stop order is void as of the time of its issuance and no penalty may be imposed by the Commissioner. 10-5-22. (a) A security for which a registration statement has been filed under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., in connection with the same offering may be registered by coordination under this Code section. (b) A registration statement and accompanying records under this Code section must contain or be accompanied by the following records in addition to the information specified in Code Section 10-5-24 and a consent to service of process complying with Code Section 10-5-80: (1) A copy of the latest form of prospectus filed under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq.; (2) A copy of the articles of incorporation and bylaws or their substantial equivalents currently in effect; a copy of any agreement with or among underwriters; a copy of any indenture or other instrument governing the issuance of the security to be registered; and a specimen, copy, or description of the security that is required by rule adopted or order issued under this chapter; (3) Copies of any other information or any other records filed by the issuer under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., requested by the Commissioner; and (4) An undertaking to forward each amendment to the federal prospectus, other than an amendment that delays the effective date of the registration statement, promptly after it is filed with the Securities and Exchange Commission. (c) A registration statement under this Code section becomes effective simultaneously with or subsequent to the federal registration statement when all the following conditions are satisfied: (1) A stop order issued under subsection (d) of this Code section or Code Section 105-25 or issued by the Securities and Exchange Commission is not in effect and a proceeding is not pending against the issuer under Code Section 10-5-41; and (2) The registration statement has been on file for at least 20 days or a shorter period provided by rule adopted or order issued under this chapter. 1126 JOURNAL OF THE SENATE (d) The registrant shall promptly notify the Commissioner in a record of the date when the federal registration statement becomes effective and the content of any price amendment and shall promptly file a record containing the price amendment. If the notice is not timely received, the Commissioner may issue a stop order, without prior notice or hearing, retroactively denying effectiveness to the registration statement or suspending its effectiveness until compliance with this Code section. The Commissioner shall promptly notify the registrant of an order by telephone or electronic means and promptly confirm this notice by a record. If the registrant subsequently complies with the notice requirements of this Code section, the stop order is void as of the date of its issuance. (e) If the federal registration statement becomes effective before each of the conditions in this Code section is satisfied or is waived by the Commissioner, the registration statement is automatically effective under this chapter when all the conditions are satisfied or waived. If the registrant notifies the Commissioner of the date when the federal registration statement is expected to become effective, the Commissioner shall promptly notify the registrant by telephone or electronic means and promptly confirm this notice by a record, indicating whether all the conditions are satisfied or waived and whether the Commissioner intends the institution of a proceeding under Code Section 10-5-25. The notice by the Commissioner does not preclude the institution of such a proceeding. 10-5-23. (a) A security may be registered by qualification under this Code section. (b) A registration statement under this Code section must contain the information or records specified in Code Section 10-5-24, a consent to service of process complying with Code Section 10-5-80, and, if required by rule adopted under this chapter, the following information or records: (1) With respect to the issuer and any significant subsidiary, its name, address, and form of organization; the state or foreign jurisdiction and date of its organization; the general character and location of its business; a description of its physical properties and equipment; and a statement of the general competitive conditions in the industry or business in which it is or will be engaged; (2) With respect to each director and officer of the issuer and other person having a similar status or performing similar functions, the persons name, address, and principal occupation for the previous five years; the amount of securities of the issuer held by the person as of the thirtieth day before the filing of the registration statement; the amount of the securities covered by the registration statement to which the person has indicated an intention to subscribe; and a description of any material interest of the person in any material transaction with the issuer or a significant subsidiary effected within the previous three years or proposed to be effected; (3) With respect to persons covered by paragraph (2) of this subsection, the aggregate sum of the remuneration paid to those persons during the previous 12 months and estimated to be paid during the next 12 months, directly or indirectly, by the issuer TUESDAY, FEBRUARY 26, 2008 1127 and all predecessors, parents, subsidiaries, and affiliates of the issuer; (4) With respect to a person owning of record or owning beneficially, if known, 10 percent or more of the outstanding shares of any class of equity security of the issuer, the information specified in paragraph (2) of this subsection other than the persons occupation; (5) With respect to a promoter, if the issuer was organized within the previous three years, the information or records specified in paragraph (2) of this subsection, any amount paid to the promoter within that period or intended to be paid to the promoter and the consideration for the payment; (6) With respect to a person on whose behalf any part of the offering is to be made in a nonissuer distribution, the persons name and address; the amount of securities of the issuer held by the person as of the date of the filing of the registration statement; a description of any material interest of the person in any material transaction with the issuer or any significant subsidiary effected within the previous three years or proposed to be effected; and a statement of the reasons for making the offering; (7) The capitalization and long term debt, on both a current and pro forma basis, of the issuer and any significant subsidiary, including a description of each security outstanding or being registered or otherwise offered, and a statement of the amount and kind of consideration, whether in the form of cash, physical assets, services, patents, good will, or anything else of value, for which the issuer or any subsidiary has issued its securities within the previous two years or is obligated to issue its securities; (8) The kind and amount of securities to be offered; the proposed offering price or the method by which it is to be computed; any variation at which a proportion of the offering is to be made to a person or class of persons other than the underwriters, with a specification of the person or class; the basis on which the offering is to be made if otherwise than for cash; the estimated aggregate underwriting and selling discounts or commissions and finders fees, including separately cash, securities, contracts, or anything else of value to accrue to the underwriters or finders in connection with the offering or, if the selling discounts or commissions are variable, the basis of determining them and their maximum and minimum amounts; the estimated amounts of other selling expenses, including legal, engineering, and accounting charges; the name and address of each underwriter and each recipient of a finders fee; a copy of any underwriting or selling group agreement under which the distribution is to be made or the proposed form of any such agreement whose terms have not yet been determined; and a description of the plan of distribution of any securities that are to be offered otherwise than through an underwriter; (9) The estimated monetary proceeds to be received by the issuer from the offering; the purposes for which the proceeds are to be used by the issuer; the estimated amount to be used for each purpose; the order or priority in which the proceeds will be used for the purposes stated; the amounts of any funds to be raised from other sources to achieve the purposes stated; the sources of the funds; and, if a part of the proceeds is to be used to acquire property, including good will, otherwise than in the ordinary 1128 JOURNAL OF THE SENATE course of business, the names and addresses of the vendors, the purchase price, the names of any persons that have received commissions in connection with the acquisition, and the amounts of the commissions and other expenses in connection with the acquisition, including the cost of borrowing money to finance the acquisition; (10) A description of any stock options or other security options outstanding or to be created in connection with the offering and the amount of those options held or to be held by each person required to be named in paragraph (2), (4), (5), (6), or (8) of this subsection and by any person that holds or will hold 10 percent or more in the aggregate of those options; (11) The dates of, parties to, and general effect concisely stated of each managerial or other material contract made or to be made otherwise than in the ordinary course of business to be performed in whole or in part at or after the filing of the registration statement or that was made within the previous two years and a copy of the contract; (12) A description of any pending litigation, action, or proceeding to which the issuer is a party and that materially affects its business or assets and any litigation, action, or proceeding known to be contemplated by governmental authorities; (13) A copy of any prospectus, pamphlet, circular, form letter, advertisement, or other sales literature intended as of the effective date to be used in connection with the offering and any solicitation of interest used in compliance with subparagraph (B) of paragraph (17) of Code Section 10-5-11; (14) A specimen or copy of the security being registered, unless the security is uncertificated; a copy of the issuers articles of incorporation and bylaws or their substantial equivalents, in effect; and a copy of any indenture or other instrument covering the security to be registered; (15) A signed or conformed copy of an opinion of counsel concerning the legality of the security being registered, with an English translation if it is in a language other than English, which states whether the security when sold will be validly issued, fully paid, and nonassessable and, if a debt security, a binding obligation of the issuer; (16) A signed or conformed copy of a consent of any accountant, engineer, appraiser, or other person whose profession gives authority for a statement made by the person if the person is named as having prepared or certified a public report or valuation, other than an official record, which is used in connection with the registration statement; (17) A balance sheet of the issuer as of a date within four months before the filing of the registration statement; a statement of income and changes in financial position for each of the three fiscal years preceding the date of the balance sheet and for any period between the close of the immediately previous fiscal year and the date of the balance sheet or for the period of the issuers and any predecessors existence if less than three years; and, if any part of the proceeds of the offering is to be applied to the purchase of a business, the financial statements that would be required if that business were the registrant; and (18) Any additional information or records required by rule adopted or order issued under this chapter. (c) A registration statement under this Code section becomes effective 30 days after the TUESDAY, FEBRUARY 26, 2008 1129 date the registration statement or the last amendment other than a price amendment is filed, unless any shorter period is provided by a rule adopted or order issued under this chapter, if: (1) A stop order is not in effect and a proceeding is not pending under Code Section 10-5-25; (2) The Commissioner has not issued an order under Code Section 10-5-25 delaying effectiveness; and (3) The applicant or registrant has not requested that effectiveness be delayed. (d) The Commissioner may delay effectiveness once for not more than 90 days if the Commissioner determines the registration statement is not complete in all material respects and promptly notifies the applicant or registrant of that determination. The Commissioner may also delay effectiveness for a further period of not more than 30 days if the Commissioner determines that the delay is necessary or appropriate. (e) A rule adopted or order issued under this chapter may require as a condition of registration under this Code section that a prospectus containing a specified part of the information or record specified in subsection (b) of this Code section be sent or given to each person to which an offer is made before or concurrently with the earliest of: (1) The first offer made in a record to the person, otherwise than by means of a public advertisement, by or for the account of the issuer or another person on whose behalf the offering is being made or by an underwriter or broker-dealer that is offering part of an unsold allotment or subscription taken by the person as a participant in the distribution; (2) The confirmation of a sale made by or for the account of the person; (3) Payment pursuant to such a sale; or (4) Delivery of the security pursuant to such a sale. 10-5-24. (a) A registration statement may be filed by the issuer, a person on whose behalf the offering is to be made, or a broker-dealer registered under this chapter. (b) If a registration statement is withdrawn before the effective date or a pre-effective stop order is issued under Code Section 10-5-25, the Commissioner shall retain the fee. (c) A registration statement filed under Code Section 10-5-22 or 10-5-23 must specify: (1) The amount of securities to be offered in this state; (2) The states in which a registration statement or similar record in connection with the offering has been or is to be filed; and (3) Any adverse order, judgment, or decree issued in connection with the offering by a state securities administrator, the Securities and Exchange Commission, or a court. (d) A record filed under this chapter or the predecessor Act within five years preceding the filing of a registration statement may be incorporated by reference in the registration statement to the extent that the record is currently accurate. (e) In the case of a nonissuer distribution, information or a record shall not be required under subsection (i) of this Code section or under Code Section 10-5-23, unless it is known to the person filing the registration statement or to the person on whose behalf 1130 JOURNAL OF THE SENATE the distribution is to be made or unless it can be furnished by those persons without unreasonable effort or expense. (f) A rule adopted or order issued under this chapter may require as a condition of registration that a security issued within the previous five years or to be issued to a promoter for a consideration substantially less than the public offering price or to a person for a consideration other than cash be deposited in escrow; and that the proceeds from the sale of the registered security in this state be impounded until the issuer receives a specified amount from the sale of the security either in this state or elsewhere. The conditions of any escrow or impoundment required under this subsection may be established by rule adopted or order issued under this chapter, but the Commissioner may not reject a depository institution solely because of its location in another state. (g) A rule adopted or order issued under this chapter may require as a condition of registration that a security registered under this chapter be sold only on a specified form of subscription or sale contract and that a signed or conformed copy of each contract be filed under this chapter or preserved for a period specified by the rule or order, which may not be longer than five years. (h) Except while a stop order is in effect under Code Section 10-5-25, a registration statement is effective for one year after its effective date or for any longer period designated in an order under this chapter during which the security is being offered or distributed in a nonexempted transaction by or for the account of the issuer or other person on whose behalf the offering is being made or by an underwriter or brokerdealer that is still offering part of an unsold allotment or subscription taken as a participant in the distribution. For the purposes of a nonissuer transaction, all outstanding securities of the same class identified in the registration statement as a security registered under this chapter are considered to be registered while the registration statement is effective. If any securities of the same class are outstanding, a registration statement may not be withdrawn until one year after its effective date. A registration statement may be withdrawn only with the approval of the Commissioner. (i) While a registration statement is effective, a rule adopted or order issued under this chapter may require the person that filed the registration statement to file reports, not more often than quarterly, to keep the information or other record in the registration statement reasonably current, and to disclose the progress of the offering. (j) A registration statement may be amended after its effective date. The post-effective amendment becomes effective when the Commissioner so orders. A post-effective amendment relates back to the date of the offering of the additional securities being registered if, within one year after the date of the sale, the amendment is filed and the additional registration fee is paid. 10-5-25. (a) The Commissioner may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, a registration statement if the Commissioner finds that the order is in the public interest and that: TUESDAY, FEBRUARY 26, 2008 1131 (1) The registration statement as of its effective date or before the effective date in the case of an order denying effectiveness, an amendment under subsection (j) of Code Section 10-5-24 as of its effective date, or a report under subsection (i) of Code Section 10-5-24 is incomplete in a material respect or contains a statement that, in the light of the circumstances under which it was made, was false or misleading with respect to a material fact; (2) This chapter or a rule adopted or order issued under this chapter or a condition imposed under this chapter has been willfully violated, in connection with the offering, by the person filing the registration statement; by the issuer, a partner, officer, or director of the issuer or a person having a similar status or performing a similar function; by a promoter of the issuer; or by a person directly or indirectly controlling or controlled by the issuer but only if the person filing the registration statement is directly or indirectly controlled by or acting for the issuer; or by an underwriter; (3) The security registered or sought to be registered is the subject of a permanent or temporary injunction of a court of competent jurisdiction or an administrative stop order or similar order issued under any federal, foreign, or state law other than this chapter applicable to the offering, but the Commissioner may not institute a proceeding against an effective registration statement under this paragraph more than one year after the date of the order or injunction on which it is based, and the Commissioner may not issue an order under this paragraph on the basis of an order or injunction issued under the securities act of another state unless the order or injunction was based on conduct that would constitute, as of the date of the order, a ground for a stop order under this Code section; (4) The issuers enterprise or method of business includes or would include activities that are unlawful where performed; (5) With respect to a security sought to be registered under Code Section 10-5-22, there has been a failure to comply with the undertaking required by paragraph (4) of subsection (b) of said Code section; (6) The applicant or registrant has not paid the filing fee, but the Commissioner shall void the order if the deficiency is corrected; or (7) The offering: (A) Will work or tend to work a fraud upon purchasers or would so operate; or (B) Has been or would be made with unreasonable amounts of underwriters and sellers discounts, commissions, or other compensation or promoters profits or participations or unreasonable amounts or kinds of options; or (C) Is being made on terms that are unfair, unjust, or inequitable. (b) To the extent practicable, the Commissioner by rule adopted or order issued under this chapter shall publish standards that provide notice of conduct that violates paragraph (7) of subsection (a) of this Code section. (c) The Commissioner may not institute a stop order proceeding against an effective registration statement on the basis of conduct or a transaction known to the Commissioner when the registration statement became effective unless the proceeding 1132 JOURNAL OF THE SENATE is instituted within 30 days after the registration statement became effective. (d) The Commissioner may summarily revoke, deny, postpone, or suspend the effectiveness of a registration statement pending final determination of an administrative proceeding. Upon the issuance of the order, the Commissioner shall promptly notify each person specified in subsection (e) of this Code section that the order has been issued, the reasons for the revocation, denial, postponement, or suspension, and that within 15 days after the receipt of a request in a record from the person the matter will be scheduled for a hearing. If a hearing is not requested and none is ordered by the Commissioner within 30 days after the date of service of the order, the order becomes final. If a hearing is requested or ordered, the Commissioner, after notice of and opportunity for hearing for each person subject to the order, may modify or vacate the order or extend the order until final determination. (e) A stop order may not be issued under this Code section without: (1) Appropriate notice to the applicant or registrant, the issuer, and the person on whose behalf the securities are to be or have been offered; (2) An opportunity for hearing; and (3) Findings of fact and conclusions of law in a record in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (f) The Commissioner may modify or vacate a stop order issued under this Code section if the Commissioner finds that the conditions that caused its issuance have changed or that it is necessary or appropriate in the public interest or for the protection of investors. 10-5-26. The Commissioner may waive or modify, in whole or in part, any or all of the requirements of Code Sections 10-5-21, 10-5-22, and subsection (b) of Code Section 10-5-23 or the requirement of any information or record in a registration statement or in a periodic report filed pursuant to subsection (i) of Code Section 10-5-24. ARTICLE 4 10-5-30. (a) It is unlawful for a person to transact business in this state as a broker-dealer unless the person is registered under this chapter as a broker-dealer or is exempt from registration as a broker-dealer under subsection (b) or (d) of this Code section. (b) The following persons are exempt from the registration requirement of subsection (a) of this Code section: (1) A broker-dealer without a place of business in this state if its only transactions effected in this state are with: (A) The issuer of the securities involved in the transactions; (B) A person registered as a broker-dealer under this chapter or not required to be registered as a broker-dealer under this chapter; (C) An institutional investor; (D) A nonaffiliated federal covered investment adviser with investments under TUESDAY, FEBRUARY 26, 2008 1133 management in excess of $100 million acting for the account of others pursuant to discretionary authority in a signed record; (E) A bona fide preexisting customer whose principal place of residence is not in this state and the person is registered as a broker-dealer under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., or not required to be registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., and is registered under the securities act of the state in which the customer maintains a principal place of residence; (F) A bona fide preexisting customer whose principal place of residence is in this state but was not present in this state when the customer relationship was established, if: (i) The broker-dealer is registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., or not required to be registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., and is registered under the securities laws of the state in which the customer relationship was established and where the customer had maintained a principal place of residence; and (ii) Within 45 days after the customers first transaction in this state, the person files an application for registration as a broker-dealer in this state and a further transaction is not effected more than 75 days after the date on which the application is filed, or, if earlier, the date on which the Commissioner notifies the person that the Commissioner has denied the application for registration or has stayed the pendency of the application for good cause; (G) Not more than three customers in this state during the previous 12 months, in addition to those customers specified in subparagraphs (A) through (F) and subparagraph (H) of this paragraph, if the broker-dealer is registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., or not required to be registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., and is registered under the securities act of the state in which the broker-dealer has its principal place of business; and (H) Any other person exempted by rule adopted or order issued under this chapter; and (2) A person that deals solely in United States government securities and is supervised as a dealer in government securities by the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Federal Deposit Insurance Corporation, or the Office of Thrift Supervision. (c) It is unlawful for a broker-dealer or for an issuer engaged in offering, offering to purchase, purchasing, or selling securities in this state, directly or indirectly, to employ or associate with an individual to engage in an activity related to securities transactions in this state if the registration of the individual is suspended or revoked or the individual is barred from employment or association with a broker-dealer, an issuer, an investment adviser, or a federal covered investment adviser by an order of the Commissioner under this chapter, the Securities and Exchange Commission, or a selfregulatory organization. A broker-dealer or issuer does not violate this subsection if the 1134 JOURNAL OF THE SENATE broker-dealer or issuer did not know and in the exercise of reasonable care could not have known of the suspension, revocation, or bar. Upon request from a broker-dealer or issuer and for good cause, an order under this chapter may modify or waive, in whole or in part, the application of the prohibitions of this subsection to the broker-dealer. (d) A rule adopted or order issued under this chapter may permit: (1) A broker-dealer that is registered in Canada or other foreign jurisdiction and that does not have a place of business in this state to effect transactions in securities with or for or attempt to effect the purchase or sale of any securities by: (A) An individual from Canada or other foreign jurisdiction who is temporarily present in this state and with whom the broker-dealer had a bona fide customer relationship before the individual entered the United States; (B) An individual from Canada or other foreign jurisdiction who is present in this state and whose transactions are in a self-directed tax advantaged retirement plan of which the individual is the holder or contributor in that foreign jurisdiction; or (C) An individual who is present in this state, with whom the broker-dealer customer relationship arose while the individual was temporarily or permanently resident in Canada or the other foreign jurisdiction; and (2) An agent who represents a broker-dealer that is exempt under this subsection to effect transactions in securities or attempt to effect the purchase or sale of securities in this state as permitted for a broker-dealer described in paragraph (1) of this subsection. 10-5-31. (a) It is unlawful for an individual to transact business in this state as an agent unless the individual is registered under this chapter as an agent or is exempt from registration as an agent under subsection (b) of this Code section. (b) The following individuals are exempt from the registration requirement of subsection (a) of this Code section: (1) An individual who represents a broker-dealer in effecting transactions in this state limited to those described in Section 15(h)(2) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78(h)(2); (2) An individual who represents a broker-dealer that is exempt under subsection (b) or (d) of Code Section 10-5-30; (3) An individual who represents an issuer with respect to an offer or sale of the issuers own securities or those of the issuers parent or any of the issuers subsidiaries and who is not compensated in connection with the individuals participation by the payment of commissions or other remuneration based, directly or indirectly, on transactions in those securities; (4) An individual who represents an issuer and who effects transactions in the issuers securities exempted by Code Section 10-5-11, with the exception of paragraphs (11) and (14) of that Code section; (5) An individual who represents an issuer that effects transactions solely in federal covered securities of the issuer, but an individual who effects transactions in a federal TUESDAY, FEBRUARY 26, 2008 1135 covered security under Section 18(b)(3) or 18(b)(4)(D) of the Securities Act of 1933, 15 U.S.C. Section 77r(b)(3) or 77r(b)(4)(D), is not exempt if the individual is compensated in connection with the agents participation by the payment of commissions or other remuneration based, directly or indirectly, on transactions in those securities; (6) An individual who represents a broker-dealer registered in this state under subsection (a) of Code Section 10-5-30 or exempt from registration under subsection (b) of Code Section 10-5-30 in the offer and sale of securities for an account of a nonaffiliated federal covered investment adviser with investments under management in excess of $100 million acting for the account of others pursuant to discretionary authority in a signed record; (7) An individual who represents an issuer in connection with the purchase of the issuers own securities; (8) An individual who represents an issuer and who restricts participation to performing clerical or ministerial acts; or (9) Any other individual exempted by rule adopted or order issued under this chapter. (c) The registration of an agent is effective only while the agent is employed by or associated with a broker-dealer registered under this chapter or an issuer that is offering, selling, or purchasing its securities in this state. (d) It is unlawful for a broker-dealer or an issuer engaged in offering, selling, or purchasing securities in this state to employ or associate with an agent who transacts business in this state on behalf of broker-dealers or issuers unless the agent is registered under subsection (a) of this Code section or exempt from registration under subsection (b) of this Code section. (e) An individual may not act as an agent for more than one broker-dealer or one issuer at a time, unless the broker-dealers and the issuers for which the agent acts are affiliated by direct or indirect common control or are authorized by rule adopted or order issued under this chapter. 10-5-32. (a) It is unlawful for a person to transact business in this state as an investment adviser unless the person is registered under this chapter as an investment adviser or is exempt from registration as an investment adviser under subsection (b) of this Code section. (b) The following persons are exempt from the registration requirement of subsection (a) of this Code section: (1) A person without a place of business in this state that is registered under the securities act of the state in which the person has its principal place of business if its only clients in this state are: (A) Federal covered investment advisers, investment advisers registered under this chapter, or broker-dealers registered under this chapter; (B) Institutional investors; (C) Bona fide preexisting clients whose principal places of residence are not in this state if the investment adviser is registered under the securities act of the state in 1136 JOURNAL OF THE SENATE which the clients maintain principal places of residence; or (D) Any other client exempted by rule adopted or order issued under this chapter; (2) A person without a place of business in this state if the person has had, during the preceding 12 months, not more than five clients that are resident in this state in addition to those specified under paragraph (1) of this subsection; or (3) Any other person exempted by rule adopted or order issued under this chapter. (c) It is unlawful for an investment adviser, directly or indirectly, to employ or associate with an individual to engage in an activity related to investment advice in this state if the registration of the individual is suspended or revoked or the individual is barred from employment or association with an investment adviser, federal covered investment adviser, or broker-dealer by an order issued under this chapter, the Securities and Exchange Commission, or a self-regulatory organization unless the investment adviser did not know, and in the exercise of reasonable care could not have known, of the suspension, revocation, or bar. Upon request from the investment adviser and for good cause, the Commissioner, by order, may waive, in whole or in part, the application of the prohibitions of this subsection to the investment adviser. (d) It is unlawful for an investment adviser to employ or associate with an individual required to be registered under this chapter as an investment adviser representative who transacts business in this state on behalf of the investment adviser unless the individual is registered under subsection (a) of Code Section 10-5-33 or is exempt from registration under subsection (b) of Code Section 10-5-33. 10-5-33. (a) It is unlawful for an individual to transact business in this state as an investment adviser representative unless the individual is registered under this chapter as an investment adviser representative or is exempt from registration as an investment adviser under subsection (b) of this Code section. (b) The following individuals are exempt from the registration requirement of subsection (a) of this Code section: (1) An individual who is employed by or associated with an investment adviser that is exempt from registration under subsection (b) of Code Section 10-5-32 or a federal covered investment adviser that is excluded from the notice filing requirements of Code Section 10-5-34; and (2) Any other individual exempted by rule adopted or order issued under this chapter. (c) The registration of an investment adviser representative is not effective while the investment adviser representative is not employed by or associated with an investment adviser registered under this chapter or a federal covered investment adviser that has made or is required to make a notice filing under Code Section 10-5-34. (d) An individual may transact business as an investment adviser representative for more than one investment adviser or federal covered investment adviser unless a rule adopted or order issued under this chapter prohibits or limits an individual from acting as an investment adviser representative for more than one investment adviser or federal covered investment adviser. TUESDAY, FEBRUARY 26, 2008 1137 (e) It is unlawful for an individual acting as an investment adviser representative, directly or indirectly, to conduct business in this state on behalf of an investment adviser or a federal covered investment adviser if the registration of the individual as an investment adviser representative is suspended or revoked or the individual is barred from employment or association with an investment adviser or a federal covered investment adviser by an order issued under this chapter, the Securities and Exchange Commission, or a self-regulatory organization. Upon request from a federal covered investment adviser and for good cause, the Commissioner, by order, may waive, in whole or in part, the application of the requirements of this subsection to the federal covered investment adviser. (f) An investment adviser registered under this chapter, a federal covered investment adviser that has filed a notice under Code Section 10-5-34, or a broker-dealer registered under this chapter is not required to employ or associate with an individual as an investment adviser representative if the only compensation paid to the individual for a referral of investment advisory clients is paid to an investment adviser registered under this chapter, a federal covered investment adviser who has filed a notice under Code Section 10-5-34, or a broker-dealer registered under this chapter with which the individual is employed or associated as an investment adviser representative. 10-5-34. (a) Except with respect to a federal covered investment adviser described in subsection (b) of this Code section, it is unlawful for a federal covered investment adviser to transact business in this state as a federal covered investment adviser unless the federal covered investment adviser complies with subsection (c) of this Code section. (b) The following federal covered investment advisers are not required to comply with subsection (c) of this Code section: (1) A federal covered investment adviser without a place of business in this state if its only clients in this state are: (A) Federal covered investment advisers, investment advisers registered under this chapter, and broker-dealers registered under this chapter; (B) Institutional investors; (C) Bona fide preexisting clients whose principal places of residence are not in this state; or (D) Other clients specified by rule adopted or order issued under this chapter; (2) A federal covered investment adviser without a place of business in this state if the person has had, during the preceding 12 months, not more than five clients that are resident in this state in addition to those specified under paragraph (1) of this subsection; and (3) Any other person excluded by rule adopted or order issued under this chapter. (c) A person acting as a federal covered investment adviser, not excluded under subsection (b) of this Code section, shall file a notice, a consent to service of process complying with Code Section 10-5-80 and such records as have been filed with the Securities and Exchange Commission under the Investment Advisers Act of 1940, 15 1138 JOURNAL OF THE SENATE U.S.C. Section 80b-1, et seq., required by rule adopted or order issued under this chapter and pay the fees specified in subsection (e) of Code Section 10-5-39. (d) The notice under subsection (c) of this Code section becomes effective upon its filing. 10-5-35. (a) A person shall register as a broker-dealer, agent, investment adviser, or investment adviser representative by filing an application and a consent to service of process complying with Code Section 10-5-80, and paying the fee specified in Code Section 105-39 and any reasonable fees charged by the Commissioner for processing the filing. The application must contain: (1) The information or records required for the filing of a uniform application as required for applicants registering through the Central Registration Depository and the Investment Adviser Registration Depository, as applicable; and (2) Upon request by the Commissioner, any other financial or other information or record that the Commissioner determines is appropriate; (b)(1) Each individual filing an application to become a salesperson, limited salesperson, designated salesperson, investment adviser, federal covered adviser, or investment adviser representative shall be fingerprinted and have a criminal record check as required by this subsection. (2) Fingerprints shall be in such form and quality as shall be acceptable for submission to the National Crime Information Center under standards adopted by the Federal Bureau of Investigation or the United States Department of Justice. It shall be the duty of each law enforcement agency in this state to fingerprint those persons required to be fingerprinted by this subsection. (3) At the discretion of the Commissioner, fees required for a criminal record check by the Georgia Crime Information Center, the National Crime Information Center, the Federal Bureau of Investigation, or the United States Department of Justice shall be paid by the applicant. (4) The Commissioner shall transmit two sets of fingerprints to the Georgia Crime Information Center, which shall submit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain one set of fingerprints and promptly conduct a search of state records. After receiving a report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the Commissioner shall determine whether the applicant shall be licensed. If the applicants fingerprints had been previously submitted for review to the Central Registration Depository in connection with federal or state licensing, the Commissioner may review and rely upon the criminal history reported pursuant thereto. (5) The Commissioner shall notify the applicant of his or her rights to challenge the accuracy and completeness of any information provided by the Georgia Crime Information Center or the National Crime Information Center. (6) Information provided by the Georgia Crime Information Center or the National TUESDAY, FEBRUARY 26, 2008 1139 Crime Information Center shall be used only for those purposes allowed by Code Section 35-3-35 or by applicable federal laws, rules, or regulations. (7) Neither the Georgia Crime Information Center, the Commissioner, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of the information contained in the criminal background check nor incur any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this subsection. (8) The Commissioner shall be authorized to adopt rules and regulations necessary to implement the provisions of this subsection. (c) If the information or record contained in an application filed under subsection (a) of this Code section is or becomes inaccurate or incomplete in a material respect, the registrant shall promptly file a correcting amendment. (d) If an order is not in effect and a proceeding is not pending under Code Section 105-41, registration becomes effective at noon on the forty-fifth day after a completed application is filed unless the registration is denied. A rule adopted or order issued under this chapter may set an earlier effective date or may defer the effective date until noon on the forty-fifth day after the filing of any amendment completing the application. (e) A registration is effective until midnight on December 31 of the year for which the application for registration is filed. Unless an order is in effect under Code Section 105-41, a registration may be automatically renewed each year by filing such records as are required by rule adopted or order issued under this chapter, by paying the fee specified in Code Section 10-5-39, and by paying costs charged by the Commissioner for processing the filings. (f) A rule adopted or order issued under this chapter may impose such other conditions, not inconsistent with the National Securities Markets Improvement Act of 1996, 15 U.S.C. Section 80b-1, et seq. An order issued under this chapter may waive, in whole or in part, such requirements in connection with registration as are in the public interest and for the protection of investors. 10-5-36. (a) A broker-dealer or investment adviser may succeed to the current registration of another broker-dealer or investment adviser or a notice filing of a federal covered investment adviser and a federal covered investment adviser may succeed to the current registration of an investment adviser or notice filing of another federal covered investment adviser by filing as a successor an application for registration pursuant to Code Section 10-5-30 or 10-5-32 or a notice pursuant to Code Section 10-5-34 for the unexpired portion of the current registration or notice filing. (b) A broker-dealer or investment adviser that changes its form of organization or state of incorporation or organization may continue its registration by filing an amendment to its registration if the change does not involve a material change in its financial condition or management. The amendment becomes effective when filed or on a date 1140 JOURNAL OF THE SENATE designated by the registrant in its filing. The new organization is a successor to the original registrant for the purposes of this chapter. If there is a material change in financial condition or management, the broker-dealer or investment adviser shall file a new application for registration. A predecessor registered under this chapter shall stop conducting its securities business other than winding down transactions and shall file for withdrawal of broker-dealer or investment adviser registration within 45 days after filing its amendment to effect succession. (c) A broker-dealer or investment adviser that changes its name may continue its registration by filing an amendment to its registration. The amendment becomes effective when filed or on a date designated by the registrant. (d) A change of control of a broker-dealer or investment adviser may be made in accordance with a rule adopted or order issued under this chapter. 10-5-37. (a) If an agent registered under this chapter terminates employment by or association with a broker-dealer or issuer or if an investment adviser representative registered under this chapter terminates employment by or association with an investment adviser or federal covered investment adviser or if either registrant terminates activities that require registration as an agent or investment adviser representative, the broker-dealer, issuer, investment adviser or federal covered investment adviser shall promptly file a notice of termination. If the registrant learns that the broker-dealer, issuer, investment adviser, or federal covered investment adviser has not filed the notice, the registrant may do so. (b) If an agent registered under this chapter terminates employment by or association with a broker-dealer registered under this chapter and begins employment by or association with another broker-dealer registered under this chapter or if an investment adviser representative registered under this chapter terminates employment by or association with an investment adviser registered under this chapter or a federal covered investment adviser that has filed a notice under Code Section 10-5-34 and begins employment by or association with another investment adviser registered under this chapter or a federal covered investment adviser that has filed a notice under Code Section 10-5-34, then upon the filing by or on behalf of the registrant, within 30 days after the termination, of an application for registration that complies with the requirement of subsection (a) of Code Section 10-5-35 and payment of the filing fee required under Code Section 10-5-39, the registration of the agent or investment adviser representative is: (1) Immediately effective as of the date of the completed filing if the agents Central Registration Depository record or successor record or the investment adviser representatives Investment Adviser Registration Depository record or successor record does not contain a new or amended disciplinary disclosure within the previous 12 months; or (2) Temporarily effective as of the date of the completed filing if the agents Central Registration Depository record or successor record or the investment adviser TUESDAY, FEBRUARY 26, 2008 1141 representatives Investment Adviser Registration Depository record or successor record contains a new or amended disciplinary disclosure within the preceding 12 months. (c) The Commissioner may withdraw a temporary registration if there are or were grounds for discipline as specified in Code Section 10-5-41 and the Commissioner does so within 30 days after the filing of the application. If the Commissioner does not withdraw the temporary registration within the 30 day period, registration becomes automatically effective on the thirty-first day after filing. (d) The Commissioner may prevent the effectiveness of a transfer of an agent or investment adviser representative under subsection (b) of this Code section based on the public interest and the protection of investors. (e) If the Commissioner determines that a registrant or applicant for registration is no longer in existence or has ceased to act as a broker-dealer, agent, investment adviser, or investment adviser representative or is the subject of an adjudication of incapacity or is subject to the control of a committee, conservator, or guardian or cannot reasonably be located, a rule adopted or order issued under this chapter may require the registration be canceled or terminated or the application denied. The Commissioner may reinstate a canceled or terminated registration, with or without hearing, and may make the registration retroactive. 10-5-38. Withdrawal of registration by a broker-dealer, agent, investment adviser, or investment adviser representative becomes effective 60 days after the filing of the application to withdraw or within any shorter period as provided by rule adopted or order issued under this chapter unless a revocation or suspension proceeding is pending when the application is filed. If a proceeding is pending, withdrawal becomes effective when and upon such conditions as required by rule adopted or order issued under this chapter. The Commissioner may institute a revocation or suspension proceeding under Code Section 10-5-41 within one year after the withdrawal became effective automatically and issue a revocation or suspension order as of the last date on which registration was effective if a proceeding is not pending. 10-5-39. (a) A person shall pay a fee of $250.00 when initially filing an application for registration as a broker-dealer and a fee of $100.00 when filing a renewal of registration as a broker-dealer. If the filing results in a denial or withdrawal, the Commissioner shall retain the fee. (b) The fee for an individual is $50.00 when filing an application for registration as an agent, $40.00 when filing a renewal of registration as an agent, and $30.00 when filing for a change of registration as an agent. If the filing results in a denial or withdrawal, the Commissioner shall retain the fee. (c) A person shall pay a fee of $250.00 when filing an application for registration as an investment adviser and a fee of $100.00 when filing a renewal of registration as an 1142 JOURNAL OF THE SENATE investment adviser. If the filing results in a denial or withdrawal, the Commissioner shall retain the fee. (d) The fee for an individual is $250.00 when filing an application for registration as an investment adviser representative, a fee of $100.00 when filing a renewal of registration as an investment adviser representative, and a fee of $50.00 when filing a change of registration as an investment adviser representative. If the filing results in a denial or withdrawal, the Commissioner shall retain the fee. (e) A federal covered investment adviser required to file a notice under Code Section 10-5-34 shall pay an initial fee of $250.00 and an annual notice fee of $100.00. (f) A person required to pay a filing or notice fee under this Code section may transmit the fee through or to a designee as a rule adopted or order issued provides under this chapter. (g) An investment adviser representative who is registered as an agent under Code Section 10-5-31 and who represents a person that is both registered as a broker-dealer under Code Section 10-5-30 and registered as an investment adviser under Code Section 10-5-32 or required as a federal covered investment adviser to make a notice filing under Code Section 10-5-34 is not required to pay an initial or annual registration fee for registration as an investment adviser representative. 10-5-40. (a) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78o(h), or Section 222 of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b22, a rule adopted or order issued under this chapter may establish minimum financial requirements for broker-dealers registered or required to be registered under this chapter and investment advisers registered or required to be registered under this chapter. (b) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78o(h), or Section 222(b) of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-22, a broker-dealer registered or required to be registered under this chapter and an investment adviser registered or required to be registered under this chapter shall file such financial reports, if any, as are required by a rule adopted or order issued under this chapter. If the information contained in a record filed under this subsection is or becomes inaccurate or incomplete in a material respect, the registrant shall promptly file a correcting amendment. (c) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78o(h), or Section 222 of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b22: (1) A broker-dealer registered or required to be registered under this chapter and an investment adviser registered or required to be registered under this chapter shall make and maintain the accounts, correspondence, memoranda, papers, books, and other records required by rule adopted or order issued under this chapter; (2) Broker-dealer records required to be maintained under paragraph (1) of this subsection may be maintained in any form of data storage acceptable under Section TUESDAY, FEBRUARY 26, 2008 1143 17(a) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78q(a), if they are readily accessible to the Commissioner; and (3) Investment adviser records required to be maintained under paragraph (1) of this subsection may be maintained in any form of data storage required by rule adopted or order issued under this chapter. (d) The records of a broker-dealer registered or required to be registered under this chapter and of an investment adviser registered or required to be registered under this chapter are subject to such reasonable, periodic, special, or other audits or inspections by a representative of the Commissioner, inside or outside this state, as the Commissioner considers necessary or appropriate in the public interest and for the protection of investors. An audit or inspection may be made at any time and without prior notice. The Commissioner may copy, and remove for audit or inspection copies of, all records the Commissioner reasonably considers necessary or appropriate to conduct the audit or inspection. The Commissioner may assess a reasonable charge for conducting an audit or inspection under this subsection. (e) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78o(h), or Section 222 of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b22, a rule adopted or order issued under this chapter may require a broker-dealer or investment adviser that has custody of or discretionary authority over funds or securities of a customer or client to obtain insurance or post a bond or other satisfactory form of security in an amount not to exceed $25,000.00. The Commissioner may determine the requirements of the insurance, bond, or other satisfactory form of security. Insurance or a bond or other satisfactory form of security may not be required of a broker-dealer registered under this chapter whose net capital exceeds or of an investment adviser registered under this chapter whose minimum financial requirements exceed the amounts required by rule adopted or order issued under this chapter. The insurance, bond, or other satisfactory form of security must permit an action by a person to enforce any liability on the insurance, bond, or other satisfactory form of security if instituted within the time limitations in paragraph (2) of subsection (j) of Code Section 10-5-58. (f) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78o(h), or Section 222 of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b22, an agent may not have custody of funds or securities of a customer except under the supervision of a broker-dealer and an investment adviser representative may not have custody of funds or securities of a client except under the supervision of an investment adviser or a federal covered investment adviser. A rule adopted or order issued under this chapter may prohibit, limit, or impose conditions on a broker-dealer regarding custody of funds or securities of a customer and on an investment adviser regarding custody of securities or funds of a client. (g) With respect to an investment adviser registered or required to be registered under this chapter, a rule adopted or order issued under this chapter may require that information or other record be furnished or disseminated to clients or prospective clients in this state as necessary or appropriate in the public interest and for the 1144 JOURNAL OF THE SENATE protection of investors and advisory clients. (h) A rule adopted or order issued under this chapter may require an individual registered under Code Section 10-5-31 or 10-5-33 to participate in a continuing education program approved by the Securities and Exchange Commission and administered by a self-regulatory organization or, in the absence of such a program, a rule adopted or order issued under this chapter may require continuing education for an individual registered under Code Section 10-5-33. 10-5-41. (a) If the Commissioner finds that the order is in the public interest and subsection (d) of this Code section authorizes the action, an order issued under this chapter may deny an application or may condition or limit registration: (1) Of an applicant to be a broker-dealer, agent, investment adviser, or investment adviser representative; and (2) If the applicant is a broker-dealer or investment adviser, of any partner, officer, director, person having a similar status or performing similar functions, or person directly or indirectly controlling the broker-dealer or investment adviser. (b) If the Commissioner finds that the order is in the public interest and subsection (d) of this Code section authorizes the action, an order issued under this chapter may revoke, suspend, condition, or limit the registration of a registrant and if the registrant is a broker-dealer or investment adviser, any partner, officer, or director, any person having a similar status or performing similar functions, or any person directly or indirectly controlling the broker-dealer or investment adviser. However, the Commissioner: (1) May not institute a revocation or suspension proceeding under this subsection based on an order issued by another state that is reported to the Commissioner later than one year after the date of the order on which it is based; and (2) Under subparagraphs (d)(5)(A) and (d)(5)(B) of this Code section may not issue an order on the basis of an order under the state securities act of another state unless the other order was based on conduct for which subsection (d) of this Code section would authorize the action had the conduct occurred in this state. (c) If the Commissioner finds that the order is in the public interest and paragraphs (1) through (6) and (8) through (13) of subsection (d) of this Code section authorize the action, an order under this chapter may censure, impose a bar, or impose a civil penalty in an amount not to exceed a maximum of $50,000.00 for a single violation or $500,000.00 for several violations on a registrant and if the registrant is a broker-dealer or investment adviser, any partner, officer, or director, any person having similar functions or any person directly or indirectly controlling the broker-dealer or investment adviser. (d) A person may be disciplined under subsections (a) through (c) of this Code section if the person: (1) Has filed an application for registration in this state under this chapter or the predecessor Act within the previous ten years, which, as of the effective date of TUESDAY, FEBRUARY 26, 2008 1145 registration or as of any date after filing in the case of an order denying effectiveness, was incomplete in any material respect or contained a statement that, in light of the circumstances under which it was made, was false or misleading with respect to a material fact; (2) Willfully violated or willfully failed to comply with this chapter or the predecessor Act or a rule adopted or order issued under this chapter or the predecessor Act within the previous ten years; (3) Has been convicted of a felony or within the previous ten years has been convicted of a misdemeanor involving a security, a commodity future or option contract, or an aspect of a business involving securities, commodities, investments, franchises, insurance, banking, or finance; (4) Is enjoined or restrained by a court of competent jurisdiction in an action instituted by the Commissioner under this chapter or the predecessor Act, a state, the Securities and Exchange Commission, or the United States from engaging in or continuing an act, practice, or course of business involving an aspect of a business involving securities, commodities, investments, franchises, insurance, banking, or finance; (5) Is the subject of an order, issued after notice and opportunity for hearing by: (A) The securities, depository institution, insurance, or other financial services administrator of a state or by the Securities and Exchange Commission or other federal agency denying, revoking, barring, or suspending registration as a brokerdealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative; (B) The securities administrator of a state or by the Securities and Exchange Commission against a broker-dealer, agent, investment adviser, investment adviser representative, or federal covered investment adviser; (C) The Securities and Exchange Commission or by a self-regulatory organization suspending or expelling the registrant from membership in the self-regulatory organization; (D) A court adjudicating a United States Postal Service fraud order; (E) The insurance regulator of a state denying, suspending, or revoking the registration of an insurance agent; or (F) A depository institution regulator suspending or barring a person from the depository institution business; (6) Is the subject of an adjudication or determination, after notice and opportunity for hearing, by the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Federal Trade Commission, a federal depository institution regulator, or a depository institution, insurance, or other financial services administrator of a state that the person willfully violated the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-1, et seq., the Investment Company Act of 1940, 15 U.S.C. Section 80a-1, et seq., or the Commodity Exchange Act, 7 U.S.C. Section 1, et seq., the securities or commodities 1146 JOURNAL OF THE SENATE law of a state, or a federal or state law under which a business involving investments, franchises, insurance, banking, or finance is regulated; (7) Is insolvent, either because the persons liabilities exceed the persons assets or because the person cannot meet the persons obligations as they mature, but the Commissioner may not enter an order against an applicant or registrant under this paragraph without a finding of insolvency as to the applicant or registrant; (8) Refuses to allow or otherwise impedes the Commissioner from conducting an audit or inspection under subsection (d) of Code Section 10-5-40 or refuses access to a registrants office to conduct an audit or inspection under subsection (d) of Code Section 10-5-40; (9) Has failed to reasonably supervise an agent, investment adviser representative, or other individual, if the agent, investment adviser representative, or other individual was subject to the persons supervision and committed a violation of this chapter or the predecessor Act or a rule adopted or order issued under this chapter or the predecessor Act within the previous ten years; (10) Has not paid the proper filing fee within 30 days after having been notified by the Commissioner of a deficiency, but the Commissioner shall vacate an order under this paragraph when the deficiency is corrected; (11) After notice and opportunity for a hearing, has been found within the previous ten years: (A) By a court of competent jurisdiction to have willfully violated the laws of a foreign jurisdiction under which the business of securities, commodities, investment, franchises, insurance, banking, or finance is regulated; (B) To have been the subject of an order of a securities administrator of a foreign jurisdiction denying, revoking, or suspending the right to engage in the business of securities as a broker-dealer, agent, investment adviser, investment adviser representative, or similar person; or (C) To have been suspended or expelled from membership by or participation in a securities exchange or securities association operating under the securities laws of a foreign jurisdiction; (12) Is the subject of a cease and desist order issued by the Securities and Exchange Commission or issued under the securities, commodities, investment, franchise, banking, finance, or insurance laws of a state; (13) Has engaged in dishonest or unethical practices in the securities, commodities, investment, franchise, banking, finance, or insurance business within the previous ten years; or (14) Is not qualified on the basis of factors such as training, experience, and knowledge of the securities business. However, in the case of an application by an agent for a broker-dealer that is a member of a self-regulatory organization or by an individual for registration as an investment adviser representative, a denial order may not be based on this paragraph if the individual has successfully completed all examinations required by subsection (e) of this Code section. The Commissioner may require an applicant for registration under Code Section 10-5-31 or 10-5-33 who has TUESDAY, FEBRUARY 26, 2008 1147 not been registered in a state within the two years preceding the filing of an application in this state to successfully complete an examination. (e) A rule adopted or order issued under this chapter may require that an examination, including an examination developed or approved by an organization of securities regulators, be successfully completed by a class of individuals or all individuals. An order issued under this chapter may waive, in whole or in part, an examination as to an individual and a rule adopted under this chapter may waive, in whole or in part, an examination as to a class of individuals if the Commissioner determines that the examination is not necessary or appropriate in the public interest and for the protection of investors. (f) The Commissioner may suspend or deny an application summarily; restrict, condition, limit, or suspend a registration; or censure, bar, or impose a civil penalty on a registrant before final determination of an administrative proceeding. Upon the issuance of an order, the Commissioner shall promptly notify each person subject to the order that the order has been issued, the reasons for the action, and that within 15 days after the receipt of a request in a record from the person the matter will be scheduled for a hearing. If a hearing is not requested and none is ordered by the Commissioner within 30 days after the date of service of the order, the order becomes final by operation of law. If a hearing is requested or ordered, the Commissioner, after notice of and opportunity for hearing to each person subject to the order, may modify or vacate the order or extend the order until final determination. (g) Except under subsection (f) of this Code section, an order may not be issued under this Code section without: (1) Appropriate notice to the applicant or registrant; (2) Opportunity for hearing; and (3) Findings of fact and conclusions of law in a record in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (h) A person that controls, directly or indirectly, a person not in compliance with this Code section may be disciplined by order of the Commissioner under subsections (a) through (c) of this Code section to the same extent as the noncomplying person, unless the controlling person did not know, and in the exercise of reasonable care could not have known, of the existence of conduct that is a ground for discipline under this Code section. (i) The Commissioner may not institute a proceeding under subsection (a), (b), or (c) of this Code section based solely on material facts actually known by the Commissioner unless an investigation or the proceeding is instituted within one year after the Commissioner actually acquires knowledge of the material facts. ARTICLE 5 10-5-50. It is unlawful for a person, in connection with the offer, sale, or purchase of a security, directly or indirectly: (1) To employ a device, scheme, or artifice to defraud; 1148 JOURNAL OF THE SENATE (2) To make an untrue statement of a material fact or to omit to state a material fact necessary in order to make the statement made, in the light of the circumstances under which it is made, not misleading; or (3) To engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon another person. 10-5-51. (a) It is unlawful for a person that advises others for compensation, either directly or indirectly, or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as part of a regular business, issues or promulgates analyses or reports relating to securities: (1) To employ a device, scheme, or artifice to defraud another person; or (2) To engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon another person. (b) A rule adopted under this chapter may define an act, practice, or course of business of an investment adviser or an investment adviser representative, other than a supervised person of a federal covered investment adviser, as fraudulent, deceptive, or manipulative and prescribe means reasonably designed to prevent investment advisers and investment adviser representatives, other than supervised persons of a federal covered investment adviser, from engaging in acts, practices, and courses of business defined as fraudulent, deceptive, or manipulative. (c) A rule adopted under this chapter may specify the contents of an investment advisory contract entered into, extended, or renewed by an investment adviser. 10-5-52. (a) In a civil action or administrative proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion has the burden to prove the applicability of the claim. (b) In a criminal proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion has the burden of going forward with evidence of the claim. 10-5-53. (a) Except as otherwise provided in subsection (b) of this Code section, a rule adopted or order issued under this chapter may require the filing of a prospectus, pamphlet, circular, form letter, advertisement, sales literature, or other advertising record relating to a security or investment advice, addressed or intended for distribution to prospective investors, including clients or prospective clients of a person registered or required to be registered as an investment adviser under this chapter. (b) This Code section does not apply to sales and advertising literature specified in subsection (a) of this Code section which relates to a federal covered security, a federal covered investment adviser, or a security or transaction exempted by Code Sections TUESDAY, FEBRUARY 26, 2008 1149 10-5-10 through 10-5-12, except as required pursuant to paragraph (7) of Code Section 10-5-10. 10-5-54. It is unlawful for a person to make or cause to be made, in a record that is used in an action or proceeding or filed under this chapter, a statement that, at the time and in the light of the circumstances under which it is made, is false or misleading in a material respect, or, in connection with the statement, to omit to state a material fact necessary to make the statement made, in the light of the circumstances under which it was made, not false or misleading. 10-5-55. The filing of an application for registration, a registration statement, a notice filing under this chapter, the registration of a person, the notice filing by a person, or the registration of a security under this chapter does not constitute a finding by the Commissioner that a record filed under this chapter is true, complete, and not misleading. The filing or registration or the availability of an exemption, exception, preemption, or exclusion for a security or a transaction does not mean that the Commissioner has passed upon the merits or qualifications of, or recommended or given approval to, a person, security, or transaction. It is unlawful to make, or cause to be made, to a purchaser, customer, client, or prospective customer or client a representation inconsistent with this Code section. 10-5-56. A broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative is not liable to another broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative for defamation relating to a statement that is contained in a record required by the Commissioner, or a designee of the Commissioner, the Securities and Exchange Commission, or a self-regulatory organization, unless the person knew that it was false in a material respect or the person acted in reckless disregard of the statements truth or falsity. 10-5-57. (a) A person that willfully violates this chapter, or a rule adopted or order issued under this chapter, except Code Section 10-5-53 or the notice filing requirements of Code Section 10-5-21 or 10-5-34, or that willfully violates Code Section 10-5-54 knowing the statement made to be false or misleading in a material respect, upon conviction, shall be fined not more than $500,000.00 or imprisoned not more than five years, or both. An individual convicted of violating a rule adopted or order issued under this chapter may be fined but may not be imprisoned if the individual did not have knowledge of the rule or order. (b) The Attorney General or the proper prosecuting attorney with or without a 1150 JOURNAL OF THE SENATE reference from the Commissioner may institute criminal proceedings under this chapter. (c) This chapter does not limit the power of this state to punish a person for conduct that constitutes a crime under other laws of this state. 10-5-58. (a) Enforcement of civil liability under this Code section is subject to the Securities Litigation Uniform Standards Act of 1998, 112 Stat. 3227. (b) A person is liable to the purchaser if the person sells a security in violation of Code Section 10-5-20, or, by means of an untrue statement of a material fact or an omission to state a material fact necessary in order to make the statement made, in light of the circumstances under which it is made, not misleading, the purchaser not knowing the untruth or omission and the seller not sustaining the burden of proof that the seller did not know and, in the exercise of reasonable care, could not have known of the untruth or omission. An action under this subsection is governed by the following: (1) The purchaser may maintain an action to recover the consideration paid for the security, less the amount of any income received on the security, and interest at the legal rate of interest from the date of the purchase, costs, and reasonable attorney fees determined by the court upon the tender of the security or for actual damages as provided in paragraph (3) of this subsection; (2) The tender referred to in paragraph (1) of this subsection may be made any time before entry of judgment. Tender requires only notice in a record of ownership of the security and willingness to exchange the security for the amount specified. A purchaser that no longer owns the security may recover actual damages as provided in paragraph (3) of this subsection; and (3) Actual damages in an action arising under this subsection are the amount that would be recoverable upon a tender less the value of the security when the purchaser disposed of it and interest at the legal rate of interest from the date of the purchase, costs, and reasonable attorney fees determined by the court. (c) A person is liable to the seller if the person buys a security by means of an untrue statement of a material fact or omission to state a material fact necessary in order to make the statement made, in light of the circumstances under which it is made, not misleading, the seller not knowing of the untruth or omission, and the purchaser not sustaining the burden of proof that the purchaser did not know, and in the exercise of reasonable care, could not have known of the untruth or omission. An action under this subsection is governed by the following: (1) The seller may maintain an action to recover the security and any income received on the security, costs, and reasonable attorney fees determined by the court upon the tender of the purchase price or for actual damages as provided in paragraph (3) of this subsection; (2) The tender referred to in paragraph (1) of this subsection may be made any time before entry of judgment. Tender requires only notice in a record of the present ability to pay the amount tendered and willingness to take delivery of the security for the amount specified. If the purchaser no longer owns the security, the seller may TUESDAY, FEBRUARY 26, 2008 1151 recover actual damages as provided in paragraph (3) of this subsection; and (3) Actual damages in an action arising under this subsection are the difference between the price at which the security was sold and the value the security would have had at the time of the sale in the absence of the purchasers conduct causing liability and interest at the legal rate of interest from the date of the sale of the security, costs, and reasonable attorney fees determined by the court. (d) A person acting as a broker-dealer or agent that sells or buys a security in violation of subsection (a) of Code Section 10-5-30, subsection (a) of Code Section 10-5-31, or Code Section 10-5-55 is liable to the customer. The customer, if a purchaser, may maintain an action for recovery of actual damages as specified in subsection (b) of this Code section, or, if a seller, for a remedy as specified in subsection (c) of this Code section. (e) A person acting as an investment adviser or investment adviser representative that provides investment advice for compensation in violation of subsection (a) of Code Section 10-5-32, subsection (a) of Code Section 10-5-33, or Code Section 10-5-55 is liable to the client. The client may maintain an action to recover the consideration paid for the advice, interest from the date of payment, costs, and reasonable attorney fees determined by the court. (f) A person that receives directly or indirectly any consideration for providing investment advice to another person and that employs a device, scheme, or artifice to defraud the other person or engages in an act, practice, or course of business that operates or would operate as a fraud or deceit on the other person is liable to the other person. An action under this subsection is governed by the following: (1) The person defrauded may maintain an action to recover the consideration paid for the advice and the amount of any actual damages caused by the fraudulent conduct, interest from the date of the fraudulent conduct, costs, and reasonable attorney fees determined by the court, less the amount of any income received as a result of the fraudulent conduct; and (2) This subsection does not apply to a broker-dealer or its agents if the investment advice provided is solely incidental to transacting business as a broker-dealer and no special compensation is received for the investment advice. (g) The following persons are liable jointly and severally with and to the same extent as persons liable under subsections (b) through (f) of this Code section: (1) A person that directly or indirectly controls a person liable under subsections (b) through (f) of this Code section, unless the controlling person sustains the burden of proof that the person did not know, and in the exercise of reasonable care could not have known, of the existence of conduct by reason of which the liability is alleged to exist; (2) An individual who is a managing partner, executive officer, or director of a person liable under subsections (b) through (f) of this Code section, including an individual having a similar status or performing similar functions, unless the individual sustains the burden of proof that the individual did not know and, in the exercise of reasonable care could not have known, of the existence of conduct by 1152 JOURNAL OF THE SENATE reason of which the liability is alleged to exist; (3) An individual who is an employee of or associated with a person liable under subsections (b) through (f) of this Code section and who materially aids the conduct giving rise to the liability, unless the individual sustains the burden of proof that the individual did not know and, in the exercise of reasonable care could not have known, of the existence of conduct by reason of which the liability is alleged to exist; and (4) A person that is a broker-dealer, agent, investment adviser, or investment adviser representative that materially aids the conduct giving rise to the liability under subsections (b) through (f) of this Code section, unless the person sustains the burden of proof that the person did not know and, in the exercise of reasonable care could not have known, of the existence of conduct by reason of which liability is alleged to exist. (h) A person liable under this Code section has a right of contribution as in cases of contract against any other person liable under this Code section for the same conduct. (i) A cause of action under this Code section survives the death of an individual who might have been a plaintiff or defendant. (j) A person may not obtain relief under subsection (b) of this Code section: (1) For a violation of Code Section 10-5-20 or for a violation of subsection (d) or (e) of this Code section, unless the action is instituted within two years after the violation occurred; or (2) Other than for a violation of Code Section 10-5-20 or for a violation of subsection (c) or (f) of this Code section, unless the action is instituted within the earlier of two years after discovery of the facts constituting the violation or five years after the violation occurred. (k) A person that has made or has engaged in the performance of a contract in violation of this chapter or a rule adopted or order issued under this chapter or that has acquired a purported right under the contract with knowledge of conduct by reason of which its making or performance was in violation of this chapter may not base an action on the contract. (l) A condition, stipulation, or provision binding a person purchasing or selling a security or receiving investment advice to waive compliance with this chapter or a rule adopted or order issued under this chapter is void. (m) The rights and remedies provided by this chapter are in addition to any other rights or remedies that may exist, but this chapter does not create a cause of action not specified in this Code section or subsection (e) of Code Section 10-5-40. 10-5-59. A purchaser, seller, or recipient of investment advice may not maintain an action under Code Section 10-5-58 if: (1) The purchaser, seller, or recipient of investment advice receives in a record, before the action is instituted: (A) An offer stating the respect in which liability under Code Section 10-5-58 may have arisen and fairly advising the purchaser, seller, or recipient of investment TUESDAY, FEBRUARY 26, 2008 1153 advice of that persons rights in connection with the offer and any financial or other information necessary to correct all material misrepresentations or omissions in the information that was required by this chapter to be furnished to that person at the time of the purchase, sale, or investment advice; (B) If the basis for relief may have been a violation of subsection (b) of Code Section 10-5-58, an offer to repurchase the security for cash, payable on delivery of the security, equal to the consideration paid and interest from the date of the purchase, less the amount of any income received on the security; or, if the purchaser no longer owns the security, an offer to pay the purchaser upon acceptance of the offer damages in an amount that would be recoverable upon a tender, less the value of the security when the purchaser disposed of it and interest from the date of the purchase in cash equal to the damages computed in the manner provided in this subparagraph; (C) If the basis for relief may have been a violation of subsection (c) of Code Section 10-5-58, an offer to tender the security on payment by the seller of an amount equal to the purchase price paid, less income received on the security by the purchaser, and interest from the date of the sale; or, if the purchaser no longer owns the security, an offer to pay the seller upon acceptance of the offer, in cash, damages in the amount of the difference between the price at which the security was purchased and the value the security would have had at the time of the purchase in the absence of the purchasers conduct that may have caused liability and interest from the date of the sale; (D) If the basis for relief may have been a violation of subsection (d) of Code Section 10-5-58 and if the customer is a purchaser, an offer to pay as specified in subparagraph (B) of this paragraph; or, if the customer is a seller, an offer to tender or to pay as specified in subparagraph (C) of this paragraph; (E) If the basis for relief may have been a violation of subsection (e) of Code Section 10-5-58, an offer to reimburse in cash the consideration paid for the advice and interest from the date of payment; or (F) If the basis for relief may have been a violation of subsection (f) of Code Section 10-5-58, an offer to reimburse in cash the consideration paid for the advice, the amount of any actual damages that may have been caused by the conduct, and interest from the date of the violation causing the loss; (2) The offer under paragraph (1) of this Code section states that it must be accepted by the purchaser, seller, or recipient of investment advice within 30 days after the date of its receipt by the purchaser, seller, or recipient of investment advice or any shorter period, of not less than three days, that the Commissioner, by order, specifies; (3) The offeror has the present ability to pay the amount offered or to tender the security under paragraph (1) of this Code section; (4) The offer under paragraph (1) of this Code section is delivered to the purchaser, seller, or recipient of investment advice or sent in a manner that ensures receipt by the purchaser, seller, or recipient of investment advice; and (5) The purchaser, seller, or recipient of investment advice that accepts the offer under 1154 JOURNAL OF THE SENATE paragraph (1) of this Code section in a record within the period specified under paragraph (2) of this Code section is paid in accordance with the terms of the offer. ARTICLE 6 10-5-70. (a) The administration of this chapter shall be vested in the Secretary of State, who is designated as the Commissioner of Securities. (b) The Commissioner shall have the authority to administer oaths in and to prescribe forms for all matters arising under this chapter. The Commissioner shall cooperate with the administrators of the securities laws of other states and of the United States with a view to assisting those administrators in the enforcement of their securities and investment adviser laws and to achieving maximum uniformity in the interpretation of like provisions of the laws administered by them and in the forms which are required to be filed under such laws. (c) The Commissioner shall have authority to employ examiners, clerks and stenographers, and other employees as the administration of this chapter may require. The Commissioner shall also have authority to appoint and employ investigators who shall have, in any case that there is reason to believe a violation of this chapter has occurred or is about to occur, the right and power to serve subpoenas and to swear out and execute search warrants and arrest warrants. (d) The Commissioner shall have the power to make such rules and regulations from time to time as he or she may deem necessary and proper for the enforcement of this chapter. Such rules and regulations shall be adopted, promulgated, and contested as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (e) The Commissioner or any persons employed by the Commissioner shall be paid, in addition to their regular compensation, the transportation fare, board, lodging, and other traveling expenses necessary and actually incurred by each of them in the performance of their duties under this chapter. (f) The Commissioner shall appoint, with the approval of the Governor, a person as assistant Commissioner and delegate such powers and duties under this chapter to such assistant Commissioner as he or she desires. (g) To encourage uniform interpretation and administration of this chapter and effective securities regulation and enforcement, the Commissioner may cooperate with the securities agencies or administrators of one or more states, Canadian provinces or territories, another country, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Securities Investor Protection Corporation, any selfregulatory organization, any national or international organization, securities officials or agencies, or any governmental law enforcement or regulatory agency. The cooperation authorized may include, but is not limited to, participation in a central registration depository under this chapter for documents or records required or allowed to be maintained under this chapter and the designation of any such system as an agent for registration or receipt. TUESDAY, FEBRUARY 26, 2008 1155 (h) Neither the Commissioner, the assistant Commissioner, nor any employee of the Commissioner may use for personal gain or benefit information filed with or obtained by the Commissioner which is not public information nor may the Commissioner, assistant Commissioner, or any employee of the Commissioner conduct securities dealings based upon information filed with or obtained by the Commissioner, even though such information is known to the public, if there has not been a sufficient period for the securities markets to assimilate the information. (i) This chapter does not create or diminish a privilege or exemption that exists at common law, by statute or rule, or otherwise. (j) The Commissioner may develop and implement investor education initiatives to inform the public about investing in securities, with particular emphasis on the prevention and detection of securities fraud. In developing and implementing these initiatives, the Commissioner may collaborate with public and nonprofit organizations with an interest in investor education. This subsection does not authorize the Commissioner to require participation or monetary contributions of a registrant in an investor education program. 10-5-71. (a) The Commissioner may: (1) Conduct public or private investigations inside or outside this state which the Commissioner considers necessary or appropriate to determine whether a person has violated, is violating, or is about to violate this chapter or a rule adopted or order issued under this chapter or to aid in the enforcement of this chapter or in the adoption of rules and forms under this chapter; (2) Require or permit a person to testify, file a statement, or produce a record, under oath or otherwise as the Commissioner determines, as to all the facts and circumstances concerning a matter to be investigated or about which an action or proceeding is to be instituted; and (3) Publish a record concerning an action, proceeding, or an investigation under or a violation of this chapter or a rule adopted or order issued under this chapter if the Commissioner determines it is necessary or appropriate in the public interest and for the protection of investors. (b) For the purpose of an investigation under this chapter, the Commissioner or his or her designated officer may administer oaths and affirmations, subpoena witnesses, seek compulsion of attendance, take evidence, require the filing of statements, and require the production of any records that the Commissioner considers relevant or material to the investigation. (c) If a person does not appear or refuses to testify, file a statement, produce records, or otherwise does not obey a subpoena as required by the Commissioner under this chapter, the Commissioner may refer the matter to the Attorney General or the proper district attorney, who may apply to the superior court or a court of another state to enforce compliance. The court may: (1) Hold the person in contempt; 1156 JOURNAL OF THE SENATE (2) Order the person to appear before the Commissioner; (3) Order the person to testify about the matter under investigation or in question; (4) Order the production of records; (5) Grant injunctive relief, including restricting or prohibiting the offer or sale of securities or the providing of investment advice; (6) Impose a civil penalty of not less than $5,000.00 and not greater than $50,000.00 for each violation; and (7) Grant any other necessary or appropriate relief. (d) This Code section does not preclude a person from applying to superior court or a court of another state for relief from a request to appear, testify, file a statement, produce records, or obey a subpoena. (e) An individual is not excused from attending, testifying, filing a statement, producing a record or other evidence, or obeying a subpoena of the Commissioner under this chapter or in an action or proceeding instituted by the Commissioner under this chapter on the ground that the required testimony, statement, record, or other evidence, directly or indirectly, may tend to incriminate the individual or subject the individual to a criminal fine, penalty, or forfeiture. If the individual refuses to testify, file a statement, or produce a record or other evidence on the basis of the individuals privilege against self-incrimination, the Commissioner may apply to superior court to compel the testimony, the filing of the statement, the production of the record, or the giving of other evidence. The testimony, record, or other evidence compelled under such an order may not be used, directly or indirectly, against the individual in a criminal case, except in a prosecution for perjury or contempt or otherwise failing to comply with the order. (f) At the request of the securities administrator of another state or a foreign jurisdiction, the Commissioner may provide assistance if the requesting administrator states that it is conducting an investigation to determine whether a person has violated, is violating, or is about to violate a law or rule of the other state or foreign jurisdiction relating to securities matters that the requesting administrator regulates or enforces. The Commissioner may provide the assistance by using the authority to investigate and the powers conferred by this Code section as the Commissioner determines is necessary or appropriate. The assistance may be provided without regard to whether the conduct described in the request would also constitute a violation of this chapter or other law of this state if occurring in this state. In deciding whether to provide the assistance, the Commissioner may consider whether the requesting administrator is permitted and has agreed to provide assistance reciprocally within its state or foreign jurisdiction to the Commissioner on securities matters when requested; whether compliance with the request would violate or prejudice the public policy of this state; and the availability of resources and employees of the Commissioner to carry out the request for assistance. (g) In the case of any investigation conducted under this Code section, the Commissioner may appoint an investigative agent who shall have the same investigative powers and authority as the Commissioner. The agent shall possess such qualifications as the Commissioner may require. TUESDAY, FEBRUARY 26, 2008 1157 10-5-67. (a) If the Commissioner believes that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter or that a person has, is, or is about to engage in an act, practice, or course of business that materially aids a violation of this chapter or a rule adopted or order issued under this chapter, the Commissioner may maintain an action in the superior court to enjoin the act, practice, or course of business and to enforce compliance with this chapter or a rule adopted or order issued under this chapter. (b) In an action under this Code section and on a proper showing, the court may: (1) Issue a permanent or temporary injunction, restraining order, or declaratory judgment; (2) Order other appropriate or ancillary relief, which may include: (A) An asset freeze, accounting, writ of attachment, writ of general or specific execution, and appointment of a receiver or conservator, that may be the Commissioner, for the defendant or the defendants assets; (B) Ordering the Commissioner to take charge and control of a defendants property, including investment accounts and accounts in a depository institution, rents, and profits; to collect debts; and to acquire and dispose of property; (C) Imposing a civil penalty up to $50,000.00 for a single violation or up to $500,000.00 for more than one violation; an order of rescission, restitution, or disgorgement directed to a person that has engaged in an act, practice, or course of business constituting a violation of this chapter or the predecessor Act or a rule adopted or order issued under this chapter or the predecessor Act; and (D) Ordering the payment of prejudgment and postjudgment interest; or (3) Order such other relief as the court considers appropriate. (c) The Commissioner may not be required to post a bond in an action or proceeding under this chapter. 10-5-73. (a) If the Commissioner determines that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter or that a person has materially aided, is materially aiding, or is about to materially aid an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter, the Commissioner may: (1) Issue an order directing the person to cease and desist from engaging in the act, practice, or course of business or to take other action necessary or appropriate to comply with this chapter; (2) Issue an order denying, suspending, revoking, or conditioning the exemptions for a broker-dealer under subparagraph (b)(1)(D) or (b)(1)(F) of Code Section 10-5-30 or an investment adviser under subparagraph (b)(1)(C) of Code Section 10-5-32; or 1158 JOURNAL OF THE SENATE (3) Issue an order under Code Section 10-5-13. (b) An order under subsection (a) of this Code section is effective on the date of issuance. Upon issuance of the order, the Commissioner shall promptly serve each person subject to the order with a copy of the order and a notice that the order has been entered. The order must include a statement whether the Commissioner will seek a civil penalty or costs of the investigation, a statement of the reasons for the order, and notice that, within 15 days after receipt of a request in a record from the person, the matter will be scheduled for a hearing. If a person subject to the order does not request a hearing and none is ordered by the Commissioner within 30 days after the date of service of the order, the order becomes final as to that person by operation of law. If a hearing is requested or ordered, the Commissioner, after notice of and opportunity for hearing to each person subject to the order, may modify or vacate the order or extend it until final determination. (c) If a hearing is requested or ordered pursuant to subsection (b) of this Code section, a hearing must be held pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act' and this chapter. A final order may not be issued unless the Commissioner makes findings of fact and conclusions of law in a record. The final order may make final, vacate, or modify the order issued under subsection (a) of this Code section. (d) In a final order under subsection (c) of this Code section, the Commissioner may impose a civil penalty up to $50,000.00 for a single violation or up to $500,000.00 for more than one violation. (e) In a final order under subsection (c) of this Code section, the Commissioner may charge the actual cost of an investigation or proceeding for a violation of this chapter or a rule adopted or order issued under this chapter. (f) If a petition for judicial review of a final order is not filed in accordance with Code Section 10-5-78, the Commissioner may file a certified copy of the final order with the clerk of a court of competent jurisdiction. The order so filed has the same effect as a judgment of the court and may be recorded, enforced, or satisfied in the same manner as a judgment of the court. (g) If a person does not comply with an order under this Code section, the Commissioner may petition a court of competent jurisdiction to enforce the order. The court may not require the Commissioner to post a bond in an action or proceeding under this Code section. If the court finds, after service and opportunity for hearing, that the person was not in compliance with the order, the court may adjudge the person in civil contempt of the order. The court may impose a further civil penalty against the person for contempt in an amount not less than $5,000.00 but not greater than $50,000.00 for each violation and may grant any other relief the court determines is just and proper in the circumstances. 10-5-74. (a) The Commissioner may: (1) Issue forms and orders and, after notice and comment, may adopt and amend TUESDAY, FEBRUARY 26, 2008 1159 rules necessary or appropriate to carry out this chapter and may repeal rules, including rules and forms governing registration statements, applications, notice filings, reports, and other records; (2) By rule, define terms, whether or not used in this chapter, but those definitions may not be inconsistent with this chapter; and (3) By rule, classify securities, persons, and transactions and adopt different requirements for different classes. (b) Under this chapter, a rule or form may not be adopted or amended or an order issued or amended unless the Commissioner finds that the rule, form, order, or amendment is necessary or appropriate in the public interest or for the protection of investors and is consistent with the purposes intended by this chapter. In adopting, amending, and repealing rules and forms, Code Section 10-5-77 applies in order to achieve uniformity among the states and coordination with federal laws in the form and content of registration statements, applications, reports, and other records, including the adoption of uniform rules, forms, and procedures. (c) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., and Section 222 of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-1, et seq., the Commissioner may require that a financial statement filed under this chapter be prepared in accordance with generally accepted accounting principles in the United States and comply with other requirements specified by rule adopted or order issued under this chapter. A rule adopted or order issued under this chapter may establish: (1) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., and Section 222 of the Investment Advisors Act of 1940, 15 U.S.C. Section 80b-1, et seq., the form and content of financial statements required under this chapter; (2) Whether unconsolidated financial statements must be filed; and (3) Whether required financial statements must be audited by an independent certified public accountant. (d) The Commissioner may provide interpretative opinions or issue determinations that the Commissioner will not institute a proceeding or an action under this chapter against a specified person for engaging in a specified act, practice, or course of business if the determination is consistent with this chapter. A rule adopted or order issued under this chapter may establish a reasonable charge for interpretative opinions or determinations that the Commissioner will not institute an action or a proceeding under this chapter. (e) A hearing in an administrative proceeding under this chapter shall be conducted in public unless the Commissioner for good cause consistent with this chapter determines that the hearing shall not be so conducted. 10-5-75. (a) The Commissioner shall maintain, or designate a person to maintain, a register of applications for registration of securities; registration statements; notice filings; applications for registration of broker-dealers, agents, investment advisers, and 1160 JOURNAL OF THE SENATE investment adviser representatives; notice filings by federal covered investment advisers that are or have been effective under this chapter or the predecessor Act; notices of claims of exemption from registration or notice filing requirements contained in a record; orders issued under this chapter or the predecessor Act; and interpretative opinions or no action determinations issued under this chapter. (b) The Commissioner shall make all rules, forms, interpretative opinions, and orders available to the public. (c) The Commissioner shall furnish a copy of a record that is a public record or a certification that the public record does not exist to a person that so requests. A rule adopted under this chapter may establish a reasonable charge for furnishing the record or certification. A copy of the record certified or a certificate by the Commissioner of a records nonexistence is prima-facie evidence of a record or its nonexistence. 10-5-76. (a) Except as otherwise provided in subsection (b) of this Code section, records obtained by the Commissioner or filed under this chapter, including a record contained in or filed with a registration statement, application, notice filing, or report, are public records and are available for public examination. (b) The following information and documents do not constitute public information under subsection (a) of this Code section and shall be confidential: (1) Information or documents obtained by the Commissioner in connection with an investigation under Code Section 10-5-21; (2) Information or documents filed with the Commissioner in connection with a registration statement or exemption filing under this chapter which constitute trade secrets or commercial or financial information of a person for which that person is entitled to and has asserted a claim of confidentiality or privilege authorized by law; (3) Any document or record specifically designated as confidential in accordance with this chapter; and (4) Any document, record, or information designated as confidential by federal statute, rule, or regulation. 10-5-77. (a) The Commissioner shall, in his or her discretion, cooperate, coordinate, consult, and, subject to Code Section 10-5-76, share records and information with the securities administrator of another state, Canada, a Canadian province or territory, a foreign jurisdiction, the Securities and Exchange Commission, the United States Department of Justice, the Commodity Futures Trading Commission, the Federal Trade Commission, the Securities Investor Protection Corporation, a self-regulatory organization, a national or international organization of securities administrators, a federal or state banking or insurance regulator, or a governmental law enforcement agency to effectuate greater uniformity in securities matters among the federal government, self-regulatory organizations, states, and foreign governments. (b) In cooperating, coordinating, consulting, and sharing records and information under TUESDAY, FEBRUARY 26, 2008 1161 this Code section and in acting by rule, order, or waiver under this chapter, the Commissioner shall, in his or her discretion, take into consideration in carrying out the public interest the following general policies: (1) Maximizing effectiveness of regulation for the protection of investors; (2) Maximizing uniformity in federal and state regulatory standards; and (3) Minimizing burdens on the business of capital formation, without adversely affecting essentials of investor protection. (c) The cooperation, coordination, consultation, and sharing of records and information authorized by this Code section includes: (1) Establishing or employing one or more designees as a central depository for registration and notice filings under this chapter and for records required or allowed to be maintained under this chapter; (2) Developing and maintaining uniform forms; (3) Conducting a joint examination or investigation; (4) Holding a joint administrative hearing; (5) Instituting and prosecuting a joint civil or administrative proceeding; (6) Sharing and exchanging personnel; (7) Coordinating registrations under Code Sections 10-5-20 and Code Section 10-5-30 through 10-5-33 and exemptions under Code Section 10-5-12; (8) Sharing and exchanging records, subject to Code Section 10-5-76; (9) Formulating rules, statements of policy, guidelines, forms, and interpretative opinions and releases; (10) Formulating common systems and procedures; (11) Notifying the public of proposed rules, forms, statements of policy, and guidelines; (12) Attending conferences and other meetings among securities administrators, which may include representatives of governmental and private sector organizations involved in capital formation, deemed necessary or appropriate to promote or achieve uniformity; and (13) Developing and maintaining a uniform exemption from registration for small issuers and taking other steps to reduce the burden of raising investment capital by small businesses. 10-5-78. (a) A final order issued by the Commissioner under this chapter is subject to judicial review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) A rule adopted under this chapter is subject to judicial review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 10-5-79. (a) Code Sections 10-5-20 and 10-5-21, subsection (a) of Code Section 10-5-30, subsection (a) of Code Section 10-5-31, subsection (a) of Code Section 10-5-32, 1162 JOURNAL OF THE SENATE subsection (a) of Code Section 10-5-33, and Code Sections 10-5-42, 10-5-55, 10-5-58, and 10-5-59 do not apply to a person that sells or offers to sell a security unless the offer to sell or the sale is made in this state or the offer to purchase or the purchase is made and accepted in this state. (b) Subsection (a) of Code Section 10-5-30, subsection (a) of Code Section 10-5-31, subsection (a) of Code Section 10-5-32, subsection (a) of Code Section 10-5-33, and Code Sections 10-5-42, 10-5-55, 10-5-58, and 10-5-59 do not apply to a person that purchases or offers to purchase a security unless the offer to purchase or the purchase is made in this state or the offer to sell or the sale is made and accepted in this state. (c) For the purpose of this Code section, an offer to sell or to purchase a security is made in this state, whether or not either party is then present in this state, if the offer: (1) Originates from within this state; or (2) Is directed by the offeror to a place in this state and received at the place to which it is directed. (d) For the purpose of this Code section, an offer to purchase or to sell is accepted in this state, whether or not either party is then present in this state, if the acceptance: (1) Is communicated to the offeror in this state and the offeree reasonably believes the offeror to be present in this state and the acceptance is received at the place in this state to which it is directed; and (2) Has not previously been communicated to the offeror, orally or in a record, outside this state. (e) An offer to sell or to purchase is not made in this state when a publisher circulates or there is circulated on the publishers behalf in this state a bona fide newspaper or other publication of general, regular, and paid circulation that is not published in this state or that is published in this state but has had more than two-thirds of its circulation outside this state during the previous 12 months or when a radio or television program or other electronic communication originating outside this state is received in this state. A radio or television program or other electronic communication is considered as having originated in this state if either the broadcast studio or the originating source of transmission is located in this state, unless: (1) The program or communication is syndicated and distributed from outside this state for redistribution to the general public in this state; (2) The program or communication is supplied by a radio, television, or other electronic network with the electronic signal originating from outside this state for redistribution to the general public in this state; (3) The program or communication is an electronic communication that originates outside this state and is captured for redistribution to the general public in this state by a community antenna or cable, radio, cable television, or other electronic system; or (4) The program or communication consists of an electronic communication that originates in this state but is not intended for distribution to the general public in this state. (f) Subsection (a) of Code Section 10-5-32, subsection (a) of Code Section 10-5-33, subsection (a) of Code Section 10-5-34, and Code Sections 10-5-51, 10-5-54, and 10-5- TUESDAY, FEBRUARY 26, 2008 1163 55 apply to a person if the person engages in an act, practice, or course of business instrumental in effecting prohibited or actionable conduct in this state, whether or not either party is then present in this state. 10-5-80. (a) A consent to service of process complying with this Code section and required by this chapter must be signed and filed in the form required by a rule or order under this chapter. A consent appointing the Commissioner the persons agent for service of process in a noncriminal action or proceeding against the person or the persons successor or personal representative under this chapter or a rule adopted or order issued under this chapter after the consent is filed has the same force and validity as if the service were made personally on the person filing the consent. A person that has filed a consent complying with this subsection in connection with a previous application for registration or notice filing need not file an additional consent. (b) If a person, including a nonresident of this state, engages in an act, practice, or course of business prohibited or made actionable by this chapter or a rule adopted or order issued under this chapter and the person has not filed a consent to service of process under subsection (a) of this Code section, the act, practice, or course of business constitutes the appointment of the Commissioner as the persons agent for service of process in a noncriminal action or proceeding against the person or the persons successor or personal representative. (c) Service under subsection (a) or (b) of this Code section may be made by providing a copy of the process to the office of the Commissioner, but it is not effective unless: (1) The plaintiff, which may be the Commissioner, promptly sends notice of the service and a copy of the process, return receipt requested, to the defendant or respondent at the address set forth in the consent to service of process or, if a consent to service of process has not been filed, at the last known address or takes other reasonable steps to give notice; and (2) The plaintiff files an affidavit of compliance with this subsection in the action or proceeding on or before the return day of the process, if any, or within the time that the court, or the Commissioner in a proceeding before the Commissioner, allows. (d) Service pursuant to subsection (c) of this Code section may be used in a proceeding before the Commissioner or by the Commissioner in a civil action in which the Commissioner is the moving party. (e) If process is served under subsection (c) of this Code section, the court, or the Commissioner in a proceeding before the Commissioner, shall order continuances as are necessary or appropriate to afford the defendant or respondent reasonable opportunity to defend. ARTICLE 7 10-5-90. (a) The predecessor Act exclusively governs all actions or proceedings that are pending 1164 JOURNAL OF THE SENATE on the effective date of this chapter or may be instituted on the basis of conduct occurring before the effective date of this chapter, but a civil action may not be maintained to enforce any liability under the predecessor Act unless instituted within any period of limitation that applied when the cause of action accrued or within five years after the effective date of this chapter, whichever is earlier. (b) All effective registrations under the predecessor Act, all administrative orders relating to the registrations, rules, statements of policy, interpretative opinions, declaratory rulings, no action determinations, and conditions imposed on the registrations under the predecessor Act remain in effect while they would have remained in effect if this chapter had not been enacted. They are considered to have been filed, issued, or imposed under this chapter but are exclusively governed by the predecessor Act. (c) The predecessor Act exclusively applies to an offer or sale made within one year after the effective date of this chapter pursuant to an offering made in good faith before the effective date of this chapter on the basis of an exemption available under the predecessor Act." SECTION 2. Code Section 7-1-241 of the Official Code of Georgia Annotated, relating to restrictions on engaging in banking business, is amended by revising paragraph (5) of subsection (b) as follows: "(5) A securities broker or dealer registered pursuant to the provisions of 15 U.S.C. Section 78o or Code Section 10-5-3 Chapter 5 of Title 10 to the extent that such securities broker or dealer: (A) Sells certificates of deposit or interest in certificates of deposit or other deposit instruments issued by a bank or savings association, provided such securities broker or dealer fully and fairly discloses at the time of solicitation and confirmation whether or not federal deposit insurance is available for that deposit instrument; (B) Purchases certificates of deposit or other deposit instruments issued by a bank or savings association for the account of the customer of such securities broker or dealer, provided such instruments are registered in the name of the customer or the custodian of such customer on the books or other records of the issuing bank or savings association; or (C) Holds customer funds incidental to the purchase and sale of securities on behalf of such customer." SECTION 3. Code Section 7-1-242 of the Official Code of Georgia Annotated, relating to restriction on corporate fiduciaries, is amended by revising paragraphs (6) and (7) of subsection (a) as follows: "(6) An investment adviser registered pursuant to the provisions of 15 U.S.C. Section 80b-3 or Code Section 10-5-3 Chapter 5 of Title 10, provided this exception shall not authorize an investment adviser to act in any fiduciary capacity subject to the TUESDAY, FEBRUARY 26, 2008 1165 provisions of Title 53, relating to wills, trusts, and the administration of estates; or (7) A securities broker or dealer registered pursuant to the provisions of 15 U.S.C. Section 78o or Code Section 10-5-3 Chapter 5 of Title 10 acting in such fiduciary capacity incidental to and as a consequence of its broker or dealer activities." SECTION 4. Code Section 7-1-396 of the Official Code of Georgia Annotated, relating to the effect of certificate of incorporation and permit to begin business, is amended by revising subsection (a) as follows: "(a) As of the issuance of the certificate of incorporation by the Secretary of State, the corporate existence of the bank or trust company shall begin and those persons who subscribed for shares prior to filing of the articles, or their assignees, shall be shareholders in the bank or trust company; provided, nevertheless, that the department shall have full authority to regulate and supervise the activities of promoters, incorporators, initially named directors, subscribers for shares, and all persons soliciting offers to subscribe for shares in any bank in formation under this chapter even though the corporate existence of the bank may not have officially begun and the bank in formation shall be considered a 'bank' for those purposes. Persons named in the articles of incorporation and approved by the department as initial directors of the bank in formation shall not be considered 'limited salesmen' or 'salesmen' 'agents' or 'brokerdealers' within the meaning of paragraphs (18) and (25), respectively, of subsection (a) (1) and (3) of Code Section 10-5-2 but rather shall be considered 'executive officers' within the meaning of paragraph (13) of subsection (a) of Code Section 10-5-2." SECTION 5. Code Section 10-1-417 of the Official Code of Georgia Annotated, relating to purchaser and participant remedies; violations as unfair or deceptive acts; and penalty regarding multilevel distribution companies, is amended by revising subsection (c) as follows: "(c) Nothing contained in this part shall be construed to limit, modify, or repeal any provisions of Chapter 5 of this title, the 'Georgia Securities Act of 1973,' 'Georgia Uniform Securities Act of 2008,' including, but not limited to, the definition of the term 'security' as contained in paragraph (26) of subsection (a) (31) of Code Section 10-5-2." SECTION 6. Code Section 10-5B-2 of the Official Code of Georgia Annotated, relating to definitions regarding deceptive, fraudulent, or abusive telemarketing, is amended by revising paragraph (8) of subsection (a) as follows: "(8) 'Telephonic sale,' 'sell telephonically,' 'telephonic selling,' 'telephonic offer for sale,' or 'telephonic solicitation of sale,' and 'telemarketing' means a sale or solicitation of goods or services, a sale or offer to sell a security as defined in paragraph (26) of subsection (a) (31) of Code Section 10-5-2, or a solicitation of a charitable contribution, in which: (A) The seller solicits the sale or charitable sale or contribution over the telephone; 1166 JOURNAL OF THE SENATE (B) The purchasers agreement to purchase or contribute is made over the telephone; and (C) In the case of a sale of goods or services only, the purchaser, over the telephone, pays for or agrees to commit to payment for goods or services prior to or upon receipt by the purchaser of the goods and services." SECTION 7. Code Section 14-2-140 of the Official Code of Georgia Annotated, relating to corporation code definitions, is amended by revising paragraph (19) as follows: "(19) 'National securities exchange' means any securities exchange or securities quotation system if the securities listed on that exchange or system are exempt from the registration requirements of Chapter 5 of Title 10, known as the 'Georgia Securities Act of 1973,' 'Georgia Uniform Securities Act of 2008,' pursuant to paragraph (8) or (8.1) of Code Section 10-5-8 10-5-10 or any successor provision." SECTION 8. Code Section 14-11-1107 of the Official Code of Georgia Annotated, relating to laws governing chapter regarding limited liability companies, is amended by revising subsection (n) as follows: "(n) Nothing in this chapter shall be construed as establishing that a limited liability company interest is not a 'security' within the meaning of paragraph (26) of subsection (a) (31) of Code Section 10-5-2 (or any successor statute)." SECTION 9. Code Section 16-14-3 of the Official Code of Georgia Annotated, relating to definitions under the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," is amended by revising subdivision (9)(A)(xxi) as follows: "(xxi) Code Section 10-5-24 Chapter 5 of Title 10, relating to violations of the 'Georgia Securities Act of 1973' 'Georgia Uniform Securities Act of 2008';" SECTION 10. The Official Code of Georgia Annotated is amended by replacing "Georgia Securities Act of 1973," with "Georgia Uniform Securities Act of 2008," and "Georgia Securities Act of 1973." with "Georgia Uniform Securities Act of 2008.", respectively, wherever the former phrase appears in: (1) Code Section 10-5A-8, relating to applicability of securities law; (2) Code Section 10-5B-3, relating to rules to prohibit deceptive, fraudulent, or abusive telemarketing activities authorized; (3) Code Section 10-5B-4, relating to required and prohibited telephone conduct and activities and liability; (4) Code Section 10-5B-5, relating to applicability of chapter to persons subject to other provisions of the Code; (5) Code Section 10-5B-7, relating to remedies, duties, prohibitions, and penalties of TUESDAY, FEBRUARY 26, 2008 1167 chapter not exclusive and construction with other provisions of the Code; (6) Code Section 10-9-59, relating to inapplicability of "Georgia Securities Act of 1973" to bonds for Georgia World Congress Center; (7) Code Section 12-3-298, relating to revenue bonds; issuance for purpose of paying for cost of parks projects; (8) Code Section 12-8-59.1, relating to liberal construction regarding regional solid waste management authorities; bonds not subject to other state law; and other authorities; (9) Code Section 19-6-28.1, relating to suspension of, or denial of application or renewal of, license for noncompliance with child support order; (10) Code Section 19-11-9.3, relating to suspension or denial of license for noncompliance with child support order; interagency agreements; and report to General Assembly; (11) Code Section 20-3-295, relating to the Georgia Higher Education Assistance Corporation to maintain certified list of borrowers in default, administrative hearings, and appeals; (12) Code Section 20-3-616, relating to exemption from securities law; approval required for transfer of advance tuition payment contracts; (13) Code Section 33-11-66, relating to cumulative nature of Code section; variable annuity contracts; and Insurance Commissioners role; (14) Code Section 33-11-67, variable contract insurance policies and Insurance Commissioners role; insurance license required; (15) Code Section 33-14-10, relating to sale of subscriptions for insurance securities and sale offer of insurance securities; (16) Code Section 33-59-16, relating to compliance with securities laws; (17) Code Section 36-42-15, relating to construction of chapter and applicability of the "Georgia Securities Act of 1973" to downtown development authorities; (18) Code Section 42-4-102, relating to construction of article; bonds not subject to regulation under the "Georgia Securities Act of 1973"; and power of counties and municipalities to activate regional jail authorities; (19) Code Section 45-13-25, relating to employment of assistants to the Secretary of State to discharge functions imposed by Chapter 5 of Title 10, the "Georgia Securities Act of 1973"; (20) Code Section 50-23-13, relating to liberal construction; bonds of Environmental Facilities Authority exempt from securities law; necessity of notice, proceeding, or publication; and referendums; (21) Code Section 50-26-10, relating to obligations not subject to "Georgia Securities Act of 1973"; payment of operating costs; Georgia Housing Authoritys revenue; and issuance of bonds; (22) Code Section 50-32-35, relating to applicability of Chapter 5 of Title 10 to the Georgia Regional Transportation Authority; (23) Code Section 50-34-8, relating to obligations of the OneGeorgia Authority not subject to the "Georgia Securities Act of 1973"; setting of rates, fees, and charges for 1168 JOURNAL OF THE SENATE loans; and power to issue bonds; and (24) Code Section 50-35-11, relating to construction of chapter creating Environmental Training and Education Authority. SECTION 11. The Official Code of Georgia Annotated is amended by replacing "Georgia Securities Law" with "Georgia Uniform Securities Act of 2008" wherever the former phrase appears in: (1) Code Section 36-62-11, relating to construction of chapter regarding development authorities generally; (2) Code Section 36-63-11, relating to construction of chapter regarding resource recovery development authorities generally; and (3) Code Section 36-75-10, relating to construction of chapter regarding war on terrorism local assistance. SECTION 12. This Act shall become effective on July 1, 2009. SECTION 13. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Goggans E Golden Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson TUESDAY, FEBRUARY 26, 2008 1169 Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. SB 358, having received the requisite constitutional majority, was passed by substitute. SB 473. By Senators Seabaugh of the 28th, Balfour of the 9th and Shafer of the 48th: A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to increase regulatory protections for consumers of accounting services; to provide definitions; to change a requirement for certification as a certified public accountant; to change the registration requirements of firms of certified public accountants; to provide for substantial equivalency; to provide for certain permissions to use certain titles; 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 Balfour Y Brown Y Bulloch E Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Goggans E Golden Y Grant Y Hamrick Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones N Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber 1170 JOURNAL OF THE SENATE Y Harbison Y Harp Y Hawkins Y Ramsey Y Reed Y Rogers Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 1. SB 473, having received the requisite constitutional majority, was passed. SB 400. By Senators Tolleson of the 20th, Bulloch of the 11th and Meyer von Bremen of the 12th: A BILL to be entitled an Act to provide for enforcement of laws related to forestry and fire; to provide punishments for certain violations of such laws; to amend Part 1 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the State Forestry Commission, so as to change certain provisions relating to forestry investigators; to provide for qualifications and powers of such investigators; to provide for arrests; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain provisions relating to burning of woodlands, brush, fields, or other lands and destruction of or damage to materials or devices used in detection or suppression of wildfires; to provide penalties for certain arson of lands; to consolidate and harmonize certain provisions relating to arson of lands; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch E Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Douglas Y Fort Y Goggans Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Schaefer Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S TUESDAY, FEBRUARY 26, 2008 E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 400, having received the requisite constitutional majority, was passed. 1171 SB 385. By Senators Balfour of the 9th, Powell of the 23rd, Grant of the 25th, Thompson of the 33rd, Murphy of the 27th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages by public carriers and nonprofit organizations, so as to provide for the licensing of limousine carriers to sell alcoholic beverages; to provide for annual applications and fees; to provide for a sticker for each vehicle authorized; to provide for limitations on such annual permit; to provide for compliance with law regarding furnishing alcoholic beverages to minors; 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 E Butler Y Carter Y Chance N Chapman N Cowsert Y Davenport Y Douglas Y Fort N Goggans E Golden N Heath Y Henson Hill,Jack Y Hill,Judson Y Hooks N Hudgens N Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock N Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner N Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C E Thompson,S Y Tolleson 1172 JOURNAL OF THE SENATE Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins N Pearson Y Powell Y Ramsey Reed Y Rogers Y Unterman Y Weber Y Wiles N Williams On the passage of the bill, the yeas were 40, nays 11. SB 385, having received the requisite constitutional majority, was passed. SB 454. By Senators Unterman of the 45th, Shafer of the 48th, Balfour of the 9th, Weber of the 40th, Butler of the 55th and others: A BILL to be entitled an Act to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that any county in which the Sunday sale of alcoholic beverages is authorized may authorize the sale of alcoholic beverages in certain public stadiums, coliseums, and auditoriums; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown Y Bulloch E Butler N Carter Y Chance N Chapman N Cowsert Y Davenport Y Douglas Y Fort N Goggans E Golden Y Grant Y Hamrick N Heath Y Henson Hill,Jack Y Hill,Judson Y Hooks N Hudgens N Jackson N Johnson Y Jones Y Me V Bremen Y Moody Y Mullis N Murphy Y Orrock N Pearson N Powell N Schaefer E Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner N Tarver N Tate N Thomas,D N Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber TUESDAY, FEBRUARY 26, 2008 Y Harbison Y Harp Y Hawkins N Ramsey Reed Y Rogers N Wiles N Williams On the passage of the bill, the yeas were 30, nays 20. SB 454, having received the requisite constitutional majority, was passed. 1173 The following Senators were excused for business outside the Senate Chamber: Seabaugh of the 28th Smith of the 52nd SB 383. By Senators Hill of the 32nd, Chance of the 16th, Hudgens of the 47th, Thomas of the 54th, Rogers of the 21st 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 a short title; to provide for legislative intent; to provide for the Commissioner of Insurance to adopt policies to promote, approve, and encourage health savings account eligible high deductible plans in Georgia; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in such plans; to provide for certain requirements for such plans; to provide for health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Insurance and Labor Committee offered the following substitute to SB 383: 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 legislative intent; to provide for the Commissioner of Insurance to adopt policies to promote, approve, and encourage health savings account eligible high deductible plans in Georgia; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in such plans; to provide for certain requirements for such plans; to provide for health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses under certain circumstances; to provide for 1174 JOURNAL OF THE SENATE 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 "Insuring Georgias Families Act." SECTION 2. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Chapter 51 in its entirety and inserting in lieu thereof a new Chapter 51 to read as follows: "CHAPTER 51 33-51-1. This chapter shall be known and may be cited as the 'Georgia Affordable HSA Eligible High Deductible Health Plan.' 33-51-2. It is the intent of the General Assembly: (1) To authorize the Commissioner to establish flexible guidelines for health savings account eligible high deductible plan designs which will be affordable to Georgians and to increase the availability of these types of plans by accident and sickness insurers licensed to transact such insurance in this state; (2) To encourage the offering of affordable health savings account eligible high deductible plans, as required under the rules of the federal Internal Revenue Service related to the establishment of health savings accounts, with the specific intent of reaching many otherwise uninsured Georgians and the general intent of creating affordable comprehensive health insurance for all Georgians; and (3) To enhance the affordability of insurance with the flexible health savings account eligible high deductible plans allowed under this chapter by allowing rewards and incentives for participation in and adherence to health behaviors that recognize the value of the personal responsibility of each citizen to maintain good health, seek preventative care services, and comply with approved treatments. 33-51-3. (a) The Commissioner shall develop flexible guidelines for coverage and approval of health savings account eligible high deductible plans which are designed to qualify under federal and state requirements as high deductible health plans for use with health savings accounts which comply with federal requirements under the applicable provisions of the federal Internal Revenue Code for high deductible health plans sold in connection with health savings accounts. TUESDAY, FEBRUARY 26, 2008 1175 (b) The Commissioner shall be authorized to encourage and promote the marketing of health savings account eligible high deductible plans by accident and sickness insurers in this state; provided, however, that nothing in this Code section shall be construed to authorize the sale of insurance in violation of Chapter 3 of this title or interstate sales of insurance. (c) The Commissioner shall be authorized to conduct a national study of health savings account eligible high deductible plans available in other states and to determine if and how these products serve the uninsured and if they should be made available to Georgians. (d) The Commissioner shall be authorized to develop an automatic or fast track approval process for health savings account eligible high deductible plans already approved under the laws and regulations of this state or other states. (e) The Commissioner shall be authorized to promulgate such rules and regulations as he or she deems necessary and appropriate for the design, promotion, and regulation of health savings account eligible high deductible plans, including rules and regulations for the expedited review of standardized policies, advertisements and solicitations, and other matters deemed relevant by the Commissioner. 33-51-4. Insurers that include and operate wellness and health promotion programs, disease and condition management programs, health risk appraisal programs, and similar provisions in their high deductible health policies in keeping with federal requirements shall not be considered to be engaging in unfair trade practices under Code Section 33-6-4 with respect to references to the practices of illegal inducements, unfair discrimination, and rebating. 33-51-5. There shall be no required relationship between preferred provider and nonpreferred provider plan reimbursements for health savings account eligible high deductible plans using nonpreferred provider reimbursements. Such plans, however, shall not: (1) Unfairly deny health benefits for medically necessary covered services; (2) Have differences in benefit levels payable to preferred providers compared to other providers that unfairly deny benefits for covered services; (3) Have a plan coinsurance percentage applicable to benefit levels for services provided by nonpreferred providers that is less than 60 percent of the benefit levels under the policy for such services; or (4) Have an adverse effect on the availability or the quality of services. 33-51-6. (a) The Commissioner shall be authorized to allow health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses recognized under the rules of the federal Internal Revenue Service to be approved for sale in connection with or packaged with individual health insurance 1176 JOURNAL OF THE SENATE policies otherwise approved by the Commissioner. (b) Health reimbursement arrangement only plans that are not sold in connection with or packaged with individual health insurance policies shall not be considered insurance under this title. 33-51-7. The provisions of Code Section 33-20A-9.1, relating to a consumer choice option, shall apply to insurance products offered under this chapter. 33-51-8. Notwithstanding the provisions of paragraphs (2) and (3) of Code Section 33-51-5, health benefit plans providing incentives for covered persons to use pharmaceutical or dental services of preferred providers shall contain a provision which clearly identifies that the payment or reimbursement for a noncontracting provider of covered pharmaceutical or dental services shall be the same as the payment or reimbursement for a preferred provider of covered pharmaceutical or dental services; provided, however, that the health benefit plan shall not be required to make payment or reimbursement in an amount which is greater than the actual fee charged by the provider for the dental or pharmaceutical services rendered." 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, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Adelman Y Balfour N Brown Y Bulloch E Butler Y Carter Y Chance Chapman Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Schaefer E Seabaugh N Seay Y Shafer,D E Smith Y Staton Stoner N Tarver TUESDAY, FEBRUARY 26, 2008 1177 Y Cowsert N Davenport Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins N Jones Y Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell Y Ramsey N Reed Y Rogers N Tate Y Thomas,D N Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 36, nays 12. SB 383, having received the requisite constitutional majority, was passed by substitute. Senator Williams of the 19th moved that the Senate adjourn until 10:00 a.m. Wednesday, February 27, 2008. The motion prevailed, and the President announced the Senate adjourned at 11:50 a.m. 1178 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, February 27, 2008 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 111. By Representative Scott of the 153rd: A BILL to be entitled an Act to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to permit petitions for delayed birth certificates to be filed in the probate court as well as the superior court; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 257. By Representatives Yates of the 73rd and Knight of the 126th: 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 change certain provisions relating to carrying deadly weapons to or at public gatherings; to provide for constables to carry pistols in publicly owned or operated buildings; to exempt constables from the prohibition of carrying weapons within school safety zones, at school functions, or on school property; to provide for related matters; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 27, 2008 HB 455. By Representative Stephens of the 164th: 1179 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 enact the "Georgia Prescription Monitoring Program Act"; to provide for legislative intent; to provide for definitions; to provide for the establishment of a program for the monitoring of prescribing and dispensing Schedule II, III, or IV controlled substances by the Georgia Drugs and Narcotics Agency; to require dispensers to submit certain information regarding the dispensing of certain drugs; to provide for the confidentiality of submitted information except under certain circumstances; to provide for penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 984. By Representatives Cox of the 102nd, Carter of the 175th, Jerguson of the 22nd, Sheldon of the 105th and Coan of the 101st: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to revise definitions and add a new definition relating to childrens transition care centers; to change certain provisions relating to licensing and inspection of child welfare agencies; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1019. By Representatives Lunsford of the 110th, Smith of the 129th, Mills of the 25th, Sheldon of the 105th, Dempsey of the 13th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; to provide for a short title; to provide for governance of the bank; to provide for the functions of the bank in general and in particular with respect to the financing of transportation projects of government units; to define terms; to provide for the powers, duties, governance, and operations of the bank; to provide for capitalization of the bank and funding sources; to authorize the issuance of bonds by the authority for purposes of the bank; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 1180 JOURNAL OF THE SENATE HB 1051. By Representatives Willard of the 49th, Lindsey of the 54th, Tumlin of the 38th, Thomas of the 55th, Shipp of the 58th and others: A BILL to be entitled an Act to amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to change certain provisions relating to the county multiagency child fatality review committee and reporting; to change distribution of certain reports; to change certain provisions relating to the Georgia Child Fatality Review Panels reporting; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1086. By Representatives Ralston of the 7th, Lindsey of the 54th, Lane of the 167th, Knox of the 24th, Hatfield of the 177th 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 eliminate the maximum per diem allowed to court bailiffs; to eliminate the governing authorities approval of increases in compensation for court bailiffs; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1091. By Representatives Hembree of the 67th, Cox of the 102nd, Hatfield of the 177th, Harbin of the 118th, Burns of the 157th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to revise requirements for attaining residency status for purposes of tuition; to provide for definitions; to provide that students shall have graduated from an eligible high school or home study program in this state to be eligible for HOPE scholarships and grants; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1113. By Representatives Heard of the 104th, Rynders of the 152nd, Houston of the 170th, Morris of the 155th, Royal of the 171st and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, so as to provide definitions; to provide for the requirements of a state purchasing card program; to provide penalties for violators; to authorize the promulgation of rules and regulations; to provide for related matters; to WEDNESDAY, FEBRUARY 27, 2008 1181 provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. HB 1279. By Representatives Parrish of the 156th, Lord of the 142nd and Morris of the 155th: A BILL to be entitled an Act to amend an Act providing for the composition and election of the Board of Education of Emanuel County, approved April 12, 1982 (Ga. L. 1982, p. 4049), as amended, particularly by an Act approved March 10, 1988 (Ga. L. 1988, p. 3836), so as to change the compensation of the chairman and members of that board; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1103. By Representatives Coleman of the 97th, Hembree of the 67th, Casas of the 103rd, Jones of the 46th, Maxwell of the 17th and others: A RESOLUTION creating the Joint Study Committee on Teacher Training and Certification; and for other purposes. The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 352. By Senators Cowsert of the 46th, Tolleson of the 20th, Bulloch of the 11th, Pearson of the 51st, Smith of the 52nd and others: A BILL to be entitled an Act to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on actions to contest rules, and legislative override, so as to change certain exemptions from legislative override; 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 515. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Chapter 4 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Seed Development Commission, so as to change certain provisions relating to the Georgia Seed 1182 JOURNAL OF THE SENATE Development Commission and its composition, officers, bylaws, quorum, compensation, records, audits, and bonds; to change certain provisions relating to the creation of an advisory board and its members and functions; to change certain provisions relating to terms of office; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SB 516. By Senators Henson of the 41st, Butler of the 55th, Adelman of the 42nd, Thompson of the 5th, Weber of the 40th and others: A BILL to be entitled an Act to provide a homestead exemption from DeKalb County School District ad valorem taxes for educational purposes in the amount of $2,500.00 of the assessed value of the homestead for certain residents of that school district in each taxable year in which a sales and use tax for educational purposes is imposed and collected in such school district for any portion of that year pursuant to Article VIII, Section VI, Paragraph IV of the Constitution; 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 517. By Senator Hill of the 32nd: A BILL to be entitled an Act to amend Code Section 40-2-74 of the Official Code of Georgia Annotated, relating to special license plate for persons with disability, so as to provide for the issuance of special license plates for persons with disabilities to certain businesses for business vehicles used by disabled employees of such businesses; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 518. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, so as to include contracts, agreements, and instruments for the removal of dents, dings, or creases in a motor vehicle without affecting the existing paint finish using paintless dent repair techniques within the definition of property insurance in a manner similar to vehicle service agreements or extended warranty agreements; WEDNESDAY, FEBRUARY 27, 2008 1183 to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 519. By Senators Hamrick of the 30th, Orrock of the 36th, Reed of the 35th and Shafer of the 48th: A BILL to be entitled an Act to amend Code Section 44-14-162.2 of the Official Code of Georgia Annotated, relating to sales made under the power of sale, mailing or delivery of notice to debtor, and procedure, so as to change the requirement for sending such notice; to provide for applicability; to provide for repeal; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. SB 520. By Senators Goggans of the 7th, Tolleson of the 20th, Hudgens of the 47th and Chapman of the 3rd: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions regarding dogs, so as to provide for a misdemeanor for removing certain collars from dogs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SB 521. By Senators Tarver of the 22nd, Brown of the 26th, Chance of the 16th, Powell of the 23rd, Johnson of the 1st and others: A BILL to be entitled an Act to amend Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions relative to juvenile proceedings generally, so as to redefine a term; 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 public school disciplinary actions against students who make terroristic threats against public schools; to provide for civil damages recoverable against parents or guardians of children who make terroristic threats against public schools; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. 1184 JOURNAL OF THE SENATE SB 522. By Senators Bulloch of the 11th, Carter of the 13th, Chance of the 16th, Hawkins of the 49th, Hudgens of the 47th and others: 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 revise certain provisions relating to wild animals for which licenses or permits are required; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SB 523. By Senators Moody of the 56th and Hill of the 4th: A BILL to be entitled an Act to amend an Act approved April 9, 2001 (Ga. L. 2001, p. 148), so as to extend the date for automatic repeal of certain provisions of Code Section 20-2-260, relating to advance funding and exceptional growth funding for capital outlay, for one year to June 30, 2010; to extend the date for automatic repeal of Code Section 20-2-262, relating to lowwealth capital outlay grants, for one year to June 30, 2010; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 524. By Senator Golden of the 8th: A BILL to be entitled an Act to create the Valdosta-Lowndes County Parks and Recreation Authority and to authorize such Authority to provide parks and recreation services throughout Lowndes County; to provide for the membership and for the appointment of members of the authority; to define relevant terms; to provide that no debt of Lowndes County, the municipalities located therein, or other political subdivisions, within the meaning of Article IX, Section III, Paragraph I of the Constitution of the State of Georgia, shall be incurred by exercise of the powers granted; to provide that bonds be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 525. By Senators Staton of the 18th, Heath of the 31st and Douglas of the 17th: 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 change certain powers of the Georgia Technology Authority; to authorize the authority to develop certain WEDNESDAY, FEBRUARY 27, 2008 1185 plans and reports; to remove the requirement to maintain a three-year technology plan; to provide for a State Information Technology Report and the contents thereof; to provide that the authority may adopt an accrual method of accounting; to provide for certain agency reports; to remove the requirement that the authority, the Office of Planning and Budget, and the state accounting officer jointly develop a technology resources budget; to eliminate certain reports; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Science and Technology Committee. SR 1029. By Senators Hooks of the 14th and Staton of the 18th: A RESOLUTION commending Sergeant William Morgan Callahan and dedicating a bridge in his honor; and for other purposes. Referred to the Transportation Committee. SR 1030. By Senators Smith of the 52nd, Meyer von Bremen of the 12th, Harp of the 29th, Heath of the 31st, Staton of the 18th and others: A RESOLUTION creating the Joint Electronic Records, Signatures, Filing, and Recording Study Committee; and for other purposes. Referred to the Judiciary Committee. The following House legislation was read the first time and referred to committee: HB 111. By Representative Scott of the 153rd: A BILL to be entitled an Act to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to permit petitions for delayed birth certificates to be filed in the probate court as well as the superior court; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. HB 257. By Representatives Yates of the 73rd and Knight of the 126th: 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 change certain provisions relating to carrying 1186 JOURNAL OF THE SENATE deadly weapons to or at public gatherings; to provide for constables to carry pistols in publicly owned or operated buildings; to exempt constables from the prohibition of carrying weapons within school safety zones, at school functions, or on school property; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 455. By Representative Stephens of the 164th: 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 enact the "Georgia Prescription Monitoring Program Act"; to provide for legislative intent; to provide for definitions; to provide for the establishment of a program for the monitoring of prescribing and dispensing Schedule II, III, or IV controlled substances by the Georgia Drugs and Narcotics Agency; to require dispensers to submit certain information regarding the dispensing of certain drugs; to provide for the confidentiality of submitted information except under certain circumstances; to provide for penalties; 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 984. By Representatives Cox of the 102nd, Carter of the 175th, Jerguson of the 22nd, Sheldon of the 105th and Coan of the 101st: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to revise definitions and add a new definition relating to childrens transition care centers; to change certain provisions relating to licensing and inspection of child welfare agencies; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 1019. By Representatives Lunsford of the 110th, Smith of the 129th, Mills of the 25th, Sheldon of the 105th, Dempsey of the 13th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the Georgia Transportation Infrastructure Bank as an instrumentality WEDNESDAY, FEBRUARY 27, 2008 1187 of the state within the State Road and Tollway Authority; to provide for a short title; to provide for governance of the bank; to provide for the functions of the bank in general and in particular with respect to the financing of transportation projects of government units; to define terms; to provide for the powers, duties, governance, and operations of the bank; to provide for capitalization of the bank and funding sources; to authorize the issuance of bonds by the authority for purposes of the bank; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. HB 1051. By Representatives Willard of the 49th, Lindsey of the 54th, Tumlin of the 38th, Thomas of the 55th, Shipp of the 58th and others: A BILL to be entitled an Act to amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to change certain provisions relating to the county multiagency child fatality review committee and reporting; to change distribution of certain reports; to change certain provisions relating to the Georgia Child Fatality Review Panels reporting; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 1086. By Representatives Ralston of the 7th, Lindsey of the 54th, Lane of the 167th, Knox of the 24th, Hatfield of the 177th 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 eliminate the maximum per diem allowed to court bailiffs; to eliminate the governing authorities approval of increases in compensation for court bailiffs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. HB 1091. By Representatives Hembree of the 67th, Cox of the 102nd, Hatfield of the 177th, Harbin of the 118th, Burns of the 157th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to revise requirements for attaining residency status for purposes of tuition; to provide for definitions; to provide that students shall have graduated from an 1188 JOURNAL OF THE SENATE eligible high school or home study program in this state to be eligible for HOPE scholarships and grants; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. HB 1113. By Representatives Heard of the 104th, Rynders of the 152nd, Houston of the 170th, Morris of the 155th, Royal of the 171st and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, so as to provide definitions; to provide for the requirements of a state purchasing card program; to provide penalties for violators; to authorize the promulgation of rules and regulations; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. HB 1279. By Representatives Parrish of the 156th, Lord of the 142nd and Morris of the 155th: A BILL to be entitled an Act to amend an Act providing for the composition and election of the Board of Education of Emanuel County, approved April 12, 1982 (Ga. L. 1982, p. 4049), as amended, particularly by an Act approved March 10, 1988 (Ga. L. 1988, p. 3836), so as to change the compensation of the chairman and members of that board; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HR 1103. By Representatives Coleman of the 97th, Hembree of the 67th, Casas of the 103rd, Jones of the 46th, Maxwell of the 17th and others: A RESOLUTION creating the Joint Study Committee on Teacher Training and Certification; and for other purposes. Referred to the Education and Youth Committee. The following committee reports were read by the Secretary: WEDNESDAY, FEBRUARY 27, 2008 1189 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 579 Do Pass HB 921 Do Pass Respectfully submitted, Senator Heath of the 31st District, Chairman Mr. President: The Education and Youth Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 257 SB 458 SB 506 Do Pass Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Weber of the 40th 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 378 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 492 Do Pass by substitute 1190 JOURNAL OF THE SENATE Respectfully submitted, Senator Harp of the 29th District, Chairman Mr. President: The Public Safety 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 349 Do Pass SB 394 Do Not Pass SB 414 Do Pass by substitute SB 488 Do Pass by substitute Respectfully submitted, Senator Murphy of the 27th 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 496 Do Pass SB 508 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 1003 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: WEDNESDAY, FEBRUARY 27, 2008 1191 SB 502 Do Pass SR 1012 Do Pass by substitute Respectfully submitted, Senator Grant of the 25th District, Chairman Mr. President: The Veterans, Military 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 512 Do Pass by substitute Respectfully submitted, Senator Douglas of the 17th District, Chairman Senator Hill of the 4th was excused for business outside the Senate Chamber. Senator Seay of the 34th asked unanimous consent that Senator Orrock of the 36th be excused. The consent was granted, and Senator Orrock was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Bulloch Butler Carter Chance Chapman Cowsert Davenport Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Judson Hooks Hudgens Jackson Johnson Jones Me V Bremen Moody Mullis Murphy Pearson Powell Ramsey Reed Rogers Schaefer Seabaugh Seay Shafer,D Smith Staton Stoner Tarver Tate Thomas,D Thomas,R Thompson,C Thompson,S Tolleson Unterman Weber Wiles Williams 1192 JOURNAL OF THE SENATE Not answering were Senators: Hill, Jack (Excused) Orrock (Excused) The members pledged allegiance to the flag. Senator Cowsert of the 46th introduced the chaplain of the day, Reverend Glenn Doak of Athens, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 1028. By Senator Douglas of the 17th: A RESOLUTION expressing regret at the passing of the Brigadier General John E. McGowan; and for other purposes. SR 1031. By Senators Mullis of the 53rd, Thomas of the 54th, Smith of the 52nd and Hooks of the 14th: A RESOLUTION recognizing and commending Dr. Ray Brooks; and for other purposes. SR 1032. By Senators Mullis of the 53rd, Pearson of the 51st, Hamrick of the 30th, Smith of the 52nd and Hooks of the 14th: A RESOLUTION recognizing and commending Mr. James Gregory; and for other purposes. SR 1033. By Senator Golden of the 8th: A RESOLUTION recognizing and commending Randy McPherson as head football coach and athletic director for Lowndes High School; and for other purposes. SR 1034. By Senator Golden of the 8th: A RESOLUTION recognizing and commending the Lowndes High School Viking football team on winning the 2007 AAAAA State Championship; and for other purposes. Senator Golden of the 8th recognized the Valdosta State University football team for winning the 2007 NCAA Division II National Championship, commended by SR 712, adopted previously. WEDNESDAY, FEBRUARY 27, 2008 1193 Senator Golden of the 8th recognized David Dean as head coach of the Valdosta State University football team, commended by SR 713, adopted previously. Senator Golden of the 8th recognized Ronald M. Zaccari upon the occasion of his retirement from Valdosta State University, commended by SR 904, adopted previously. Ronald M. Zaccari, President of Valdosta State University, addressed the Senate briefly. Head Coach David Dean addressed the Senate briefly. Senator Orrock of the 36th recognized Stephanie S. Hughley, commended by SR 1019, adopted previously. Stephanie S. Hughley addressed the Senate briefly. Senator Staton of the 18th introduced the doctor of the day, Dr. Guy Foulkes. Senator Staton of the 18th recognized the Tattnall Square Academy football team, 2007 Class AAA State Champions, commended by SR 997, adopted previously. Head Coach Barney Hester addressed the Senate briefly. Senator Johnson of the 1st recognized Donald E. Vickery, commended by SR 1014, adopted previously. Senator Brown of the 26th was excused for business outside the Senate Chamber. 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 27, 2008 Twenty-fourth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 1003 Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Wiles of the 37th STATE COURT OF 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 29, 2007 (Ga. L. 2007, p. 4087), so as to change the compensation of the solicitor-general; to change certain provisions regarding the 1194 JOURNAL OF THE SENATE appointment of assistant solicitors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Brown Y Bulloch Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy E Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams 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. The following communication was received by the Secretary: Committees: Senator Nan Orrock Agriculture and Consumer Affairs District 36 Higher Education 327-B Coverdell Legislative Office Building Insurance and Labor Atlanta, GA 30334 Science and Technology Urban Affairs Health and Human Services WEDNESDAY, FEBRUARY 27, 2008 1195 The State Senate Atlanta, Georgia 30334 To Secretary of Senate: My machine failed to register my YES vote on consent calendar bills at approximately 11:00 a.m. February 27, 2008. Thank you for correcting this miss-vote. Sincerely, /s/ Nan Grogan Orrock State Senator, Senate District #36 SB 455 SB 456 SR 753 SB 433 SB 490 HB 967 SB 463 SB 440 SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 27, 2008 TWENTY-FOURTH LEGISLATIVE DAY O.C.G.A.; correct errors/omissions (S JUDY-42nd) O.C.G.A.; correct/omissions (S JUDY-42nd) Property Conveyance; City of Thomaston; Upson County (SI&P-14th) State Health Planning; provide destination cancer hospitals are subject to certificate of need requirements; provide for penalties (Substitute) (H&HS-19th) State Health; skilled nursing facilities, intermediate care facilities, and intermingled nursing facilities may allow to divide; conditions (H&HS-13th) Certificate of need program; prisons and other secure correctional institutions; exempt (SI&P-25th) Martin-47th State Minimum Standard Codes/Enforcement; adoption/continuation; change certain provisions; gray water recycling system; enforcement (Substitute)(NR&E-51st) Bingo; define certain terms; provide certain nonprofit organizations may sell certain pull tab games of chance (ECD-17th) 1196 JOURNAL OF THE SENATE SB 366 Inmates; telecommunications devices; prohibit receiving/possessing; provide definition (Substitute)(SI&P-25th) SB 403 Labor; prompt payment of wages to employee following resignation/discharge; provide for penalties (Substitute)(I&L-41st) 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 455. By Senators Adelman of the 42nd, Smith of the 52nd, Meyer von Bremen of the 12th and Harp of the 29th: 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 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 Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Schaefer Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate WEDNESDAY, FEBRUARY 27, 2008 1197 Y Davenport Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Ramsey Y Reed Y Rogers Y Thomas,D Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 455, having received the requisite constitutional majority, was passed. Senator Hill of the 32nd recognized and extended congratulations to the people of Israel on the occasion of the 60th anniversary of the modern State of Israel, commended by SR 862, adopted previously. Ambassador Reda Mansour addressed the Senate briefly. The Calendar was resumed. SB 456. By Senators Adelman of the 42nd, Smith of the 52nd, Meyer von Bremen of the 12th and Harp of the 29th: 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: Y Adelman Y Balfour E Brown Y Heath Y Henson Y Hill,Jack Y Schaefer Seabaugh Y Seay 1198 JOURNAL OF THE SENATE Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Davenport Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Harp Y Hawkins Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Ramsey Y Reed Y Rogers Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. SB 456, having received the requisite constitutional majority, was passed. Senator Staton of the 18th was excused for business outside the Senate Chamber. SR 753. By Senator Hooks of the 14th: A RESOLUTION authorizing the conveyance of certain state owned real property located in City of Thomaston, Upson County, Georgia; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Schaefer Seabaugh Y Seay Y Shafer,D Y Smith E Staton Y Stoner Y Tarver Y Tate WEDNESDAY, FEBRUARY 27, 2008 Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Me V Bremen Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell Ramsey Y Reed Y Rogers Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 50, nays 0. SR 753, having received the requisite constitutional majority, was adopted. 1199 SB 433. By Senators Williams of the 19th, Rogers of the 21st, Johnson of the 1st, Mullis of the 53rd, Moody of the 56th and others: A BILL to be entitled an Act to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to provide that certain destination cancer hospitals are subject to certificate of need requirements; to add a definition and revise a definition; to provide certain conditions relating to certificates of need for new institutional health services; to provide considerations for qualification for issuance of certificates of need relating to destination cancer hospitals; to provide for penalties for destination cancer hospitals which fail to comply with minimum requirements; 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 433: A BILL TO BE ENTITLED AN ACT To amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to provide that certain destination cancer hospitals are subject to certificate of need requirements; to add a definition and revise a definition; to provide certain conditions relating to certificates of need for new institutional health services; to provide that skilled nursing facilities, intermediate care facilities, and intermingled nursing facilities may be allowed to divide under certain 1200 JOURNAL OF THE SENATE conditions; to provide considerations for qualification for issuance of certificates of need relating to destination cancer hospitals; to provide considerations for skilled nursing facilities, intermediate care facilities, and intermingled nursing facilities to relocate; to provide for penalties for destination cancer hospitals which fail to comply with minimum requirements; to exempt prisons and other secure correctional institutions of the Department of Corrections and the Department of Juvenile Justice from certificate of need requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, is amended in Code Section 31-6-2, relating to definitions, by adding a new paragraph and by revising paragraph (8) to read as follows: "(6.2) 'Destination cancer hospital' means an institution with a licensed bed capacity of 50 or less which provides diagnostic, therapeutic, treatment, and rehabilitative care services to cancer inpatients and outpatients, by or under the supervision of physicians, and whose proposed annual patient base is composed of a minimum of 65 percent of patients who reside outside of the State of Georgia." "(8) 'Health care facility' means hospitals; destination cancer hospitals; other special care units, including but not limited to podiatric facilities; skilled nursing facilities; intermediate care facilities; personal care homes; ambulatory surgical or obstetrical facilities; health maintenance organizations; home health agencies; diagnostic, treatment, or rehabilitation centers, but only to the extent that subparagraph (G) or (H), or both subparagraphs (G) and (H), of paragraph (14) of this Code section are applicable thereto; and facilities which are devoted to the provision of treatment and rehabilitative care for periods continuing for 24 hours or longer for persons who have traumatic brain injury, as defined in Code Section 37-3-1." SECTION 2. Said chapter is further amended in Code Section 31-6-40, relating to certificate of need required for offering health care, by adding a new subsection to read as follows: "(e) A certificate of need issued to a destination cancer hospital shall authorize the beds and all new institutional health services of such destination cancer hospital. As used in this subsection, the term 'new institutional health service' shall have the same meaning provided for in paragraph (14) of Code Section 31-6-2. Such destination cancer hospital shall not be required to apply for or obtain additional certificates of need for new institutional health services, and such new institutional health services offered by the destination cancer hospital shall not be reviewed under any service specific need methodology or rules except for those promulgated by the department for destination cancer hospitals. After commencing operations, in order to add an additional new institutional health service, a destination cancer hospital shall apply for and obtain an WEDNESDAY, FEBRUARY 27, 2008 1201 additional certificate of need under the applicable statutory provisions and any rules promulgated by the department for destination cancer hospitals, and such applications shall only be granted if the patient base of such destination cancer hospital is composed of at least 65 percent of out-of-state patients for two consecutive years. If such destination cancer hospital cannot show a patient base of a minimum of 65 percent from outside of this state, then its application for any new institutional health service shall be evaluated under the specific statutes and rules applicable to that particular service. If such destination cancer hospital applies for a certificate of need to add an additional new institutional health service before commencing operations or completing two consecutive years of operation, such applicant may rely on historical data from its affiliated entities, as set forth in paragraph (2) of subsection (b.1) of Code Section 31-642. Because destination cancer hospitals provide services primarily to out-of-state residents, the number of beds, services, and equipment destination cancer hospitals use shall not be counted as part of the departments inventory when determining the need for those items by other providers. Nothing in this Code section shall in any way require a destination cancer hospital to obtain a certificate of need for any purpose that is otherwise exempt from the certificate of need requirement." SECTION 3. Said chapter is further amended in Code Section 31-6-40.1, relating to acquisition of health care facilities, penalty for failure to notify the department, limitation on applications, agreement to care for indigent patients, and penalties, as follows: "31-6-40.1. (a) Any person who acquires a health care facility by stock or asset purchase, merger, consolidation, or other lawful means shall notify the department of such acquisition, the date thereof, and the name and address of the acquiring person. Such notification shall be made in writing to the department within 45 days following the acquisition, and the acquiring person may be fined by the department in the amount of $500.00 for each day that such notification is late. Such fine shall be paid into the state treasury. (b) The department may limit the time periods during which it will accept applications for the following health care facilities: (1) Skilled nursing facilities; (2) Intermediate care facilities; and (3) Home health agencies, to only such times after the department has determined there is an unmet need for such facilities. The department shall make a determination as to whether or not there is an unmet need for each type of facility at least every six months and shall notify those requesting such notification of that determination. (c) The department may require that any applicant for a certificate of need agree to provide a specified amount of clinical health services to indigent patients as a condition for the grant of a certificate of need; provided, however, that each facility granted a certificate of need by the department as a destination cancer hospital shall be required to provide uncompensated indigent or charity care for residents of Georgia which meets 1202 JOURNAL OF THE SENATE or exceeds 3 percent of such destination cancer hospitals annual adjusted gross revenues. As used in this subsection, the term 'uncompensated indigent or charity care' shall have the same meaning as in paragraph (6) of subsection (a) of Code Section 316-40.2. A grantee or successor in interest of a certificate of need or an authorization to operate under this chapter which violates such an agreement, whether made before or after July 1, 1991, shall be liable to the department for a monetary penalty in the amount of the difference between the amount of services so agreed to be provided and the amount actually provided. Any penalty so recovered shall be paid into the state treasury. (c.1) A destination cancer hospital shall be fined $1,000,000.00 if less than 65 percent of patients to whom such facility provides service in a calendar year reside outside this state. All revenues collected from any such fine shall be dedicated and deposited by the department into the Indigent Care Trust Fund created pursuant to Code Section 31-8152. (d) Penalties authorized under this Code section shall be subject to the same notices and hearing for the levy of fines under Code Section 31-6-45." SECTION 4. Said chapter is further amended by revising subsection (a) of Code Section 31-6-41, relating to the scope and term of validity of a certificate of need, as follows: "(a) A certificate of need shall be valid only for the defined scope, location, cost, service area, and person named in an application, as it may be amended, and as such scope, location, service area, cost, and person are approved by the department, unless such certificate of need owned by an existing health care facility is transferred to a person who acquires such existing facility. In such case, the certificate of need shall be valid for the person who acquires such a facility and for the scope, location, cost, and service area approved by the department. However, in reviewing an application to relocate all or a portion of an existing skilled nursing facility, intermediate care facility, or intermingled nursing facility, the department may allow such facility to divide into two or more such facilities if the department determines that the proposed division is financially feasible and would be consistent with quality patient care." SECTION 5. Said chapter is further amended in Code Section 31-6-42, relating to qualification for issue of certificate of need, by adding new subsections to read as follows: "(b.1) In the case of applications for the construction, development, or establishment of a destination cancer hospital, the applicable considerations as to the need for such service shall not include paragraphs (1), (2), (3), (7), (8), (10), (11), and (14) of subsection (a) of this Code section but shall include: (1) Paragraphs (4), (5), (6), (9), (12), and (13) of subsection (a) of this Code section; (2) That the proposed new destination cancer hospital can demonstrate, based on historical data from the applicant or its affiliated entities, that its annual patient base shall be composed of a minimum of 65 percent of patients who reside outside of the WEDNESDAY, FEBRUARY 27, 2008 1203 State of Georgia; (3) That the proposed new destination cancer hospital states its intent to provide uncompensated indigent or charity care which shall meet or exceed 3 percent of its annual adjusted gross revenues. As used in this paragraph, 'uncompensated indigent or charity care' shall have the same meaning as in paragraph (6) of subsection (a) of Code Section 31-6-40.2; (4) That the proposed new destination cancer hospital shall conduct biomedical or behavioral research projects or service development which is designed to meet a national or regional need; (5) That the proposed new destination cancer hospital shall be reasonably financially and physically accessible; (6) That the proposed new destination cancer hospital shall have a positive relationship to the existing health care delivery system on a regional basis; (7) That an applicant for a new destination cancer hospital shall document in its application that the new facility is not predicted to be detrimental to existing hospitals within the planning area. Such demonstration shall be made by providing an analysis in such application that compares current and projected changes in market share and payer mix for such applicant and such existing hospitals within the planning area. Impact on an existing hospital shall be determined to be adverse if, based on the utilization projected by the applicant, such existing hospital would have a total decrease of 10 percent or more in its average annual utilization, as measured by patient days for the two most recent and available preceding calendar years of data; and (8) That the destination cancer hospital shall express its intent to participate in medical staffing workforce development activities. (b.2) In the case of an application for a replacement skilled nursing facility, intermediate care facility, or intermingled nursing facility at an alternate location or locations from its existing location, the department shall review the application solely under the general considerations set forth in the departments rules as promulgated pursuant to subsection (a) of this Code section and shall not be subject to any service specific considerations established by the department if the following conditions are met: (1) Such facility has received prior certificate of need review and approval or has been deemed under previous provisions of this chapter to be exempt from certificate of need review; (2) The alternate location of the replacement facility is within the same county as the applicant facility; and (3) The replacement facility does not otherwise qualify as an expanded service within the specific review considerations for skilled nursing facilities and intermediate care facilities." SECTION 6. Said chapter is further amended in subsection (a) of Code Section 31-6-47, relating to 1204 JOURNAL OF THE SENATE exemptions from the certificate of need program, by striking the "and" at the end of paragraph (15), by striking the period at the end of paragraph (16) and replacing it with "; and", and by adding a new paragraph to read as follows: "(17) Infirmaries or facilities operated by, on behalf of, or under contract with the Department of Corrections or the Department of Juvenile Justice for the sole and exclusive purpose of providing health care services in a secure environment to prisoners within a penal institution, penitentiary, prison, detention center, or other secure correctional institution. This shall include correctional institutions operated by private entities in this state which house inmates under the Department of Corrections or the Department of Juvenile Justice." SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senators Williams of the 19th and Carter of the 13th offered the following amendment #1: Amend the Senate committee substitute to SB 433 (LC 33 2430S) by striking from lines 5 and 6 of page 1 the following: to provide that skilled nursing facilities, intermediate care facilities, and intermingled nursing facilities may be allowed to divide under certain conditions; By striking from lines 7 through 9 of page 1 the following: to provide considerations for skilled nursing facilities, intermediate care facilities, and intermingled nursing facilities to relocate; By deleting Section 4 and renumbering Sections 5 through 7 as Sections 4 through 6, respectively. By inserting a quotation mark at the end of line 18 on page 5 and deleting all matter on lines 19 through 32 of page 5. On the adoption of the amendment, there were no objections, and the Williams, Carter amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The following communication was received by the Secretary: WEDNESDAY, FEBRUARY 27, 2008 1205 Senator Judson Hill District 32 325 Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Reapportionment and Redistricting Special Judiciary Transportation Health and Human Services Judiciary Urban Affairs The State Senate Atlanta, Georgia 30334 2/27/08 According to Senate Rule 5.1-8(d) I recuse myself from Senate Bill 433. /s/ Judson Hill 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 N Balfour E Brown Y Bulloch N Butler N Carter Y Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp N Hawkins Y Heath N Henson Y Hill,Jack E Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis N Murphy N Orrock Y Pearson Y Powell Y Ramsey N Reed Y Rogers N Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith N Staton N Stoner N Tarver N Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 31, nays 23. 1206 JOURNAL OF THE SENATE SB 433, having received the requisite constitutional majority, was passed by substitute. Senator Tolleson of the 20th recognized Bertie Mae Garrett as the Distinguished Senior Georgian for 2008, commended by SR 927, adopted previously. Bertie Mae Garrett addressed the Senate briefly. At 12:26 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 Adelman of the 42nd was excused for business outside the Senate Chamber. SB 490. By Senators Carter of the 13th, Balfour of the 9th, Goggans of the 7th, Johnson of the 1st and Chance of the 16th: A BILL to be entitled an Act to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to provide that skilled nursing facilities, intermediate care facilities, and intermingled nursing facilities may be allowed to divide under certain conditions; to provide considerations for skilled nursing facilities, intermediate care facilities, and intermingled nursing facilities to relocate; 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 Y Balfour Y Brown Bulloch Y Butler Y Carter Y Chance Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Golden Y Heath Y Henson Y Hill,Jack Y Hill,Judson Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas,D Thomas,R Y Thompson,C Thompson,S Y Tolleson WEDNESDAY, FEBRUARY 27, 2008 1207 Y Grant Hamrick Harbison Y Harp Y Hawkins Y Pearson Powell Ramsey Y Reed Y Rogers Y Unterman Y Weber Y Wiles Williams On the passage of the bill, the yeas were 41, nays 0. SB 490, having received the requisite constitutional majority, was passed. HB 967. By Representatives Martin of the 47th, Barnard of the 166th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from the certificate of need program, so as to exempt prisons and other secure correctional institutions of the Department of Corrections and the Department of Juvenile Justice from certificate of need requirements; to provide for legislative findings; to provide for related matters; 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: E Adelman Y Balfour N Brown Y Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Golden Y Grant Hamrick Y Heath Y Henson Y Hill,Jack Y Hill,Judson Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Murphy Y Orrock Y Pearson Powell Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas,D Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Unterman Y Weber 1208 JOURNAL OF THE SENATE Y Harbison Y Harp Y Hawkins Ramsey Reed Y Rogers Y Wiles Williams On the passage of the bill, the yeas were 41, nays 2. HB 967, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Jack Murphy District 27 304-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Public Safety Appropriations Banking and Financial Institutions Economic Development Ethics Retirement Insurance and Labor Regulated Industries and Utilities Veterans, Military and Homeland Security The State Senate Atlanta, Georgia 30334 2/27/08 Please record my vote as yes on HB 967. /s/ Jack Murphy District 27 The following Senators were excused for business outside the Senate Chamber: Hill of the 32nd Reed of the 35th SB 463. By Senators Pearson of the 51st, Tolleson of the 20th, Murphy of the 27th, Schaefer of the 50th and Rogers of the 21st: 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 change certain provisions relating to adoption and continuation of state minimum standard codes and enforcement thereof; to provide for enforcement of a gray water recycling systems appendix WEDNESDAY, FEBRUARY 27, 2008 1209 to the state minimum standard plumbing code; to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to provide certain conditions for use of residential gray water systems; to amend Code Section 43-14-2, relating to definitions relative to licensing of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of plumbing; to repeal conflicting laws; and for other purposes. The Senate Natural Resources and the Environment Committee offered the following substitute to SB 463: 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 provide certain conditions for use of residential gray water; 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 adding a new Code section to read as follows: "31-3-5.2. (a) As used in this Code section, the term 'gray water' means waste water discharged from residential lavatories, bathtubs, showers, clothes washers, and laundry trays. (b) Private residential direct reuse of gray water shall be lawful if the following conditions are met: (1) Gray water originating from the residence shall be used and contained within the property boundary for household gardening, composting, lawn watering, or landscape irrigation; (2) Gray water shall not be used for irrigation of food plants; (3) The gray water shall not contain hazardous chemicals derived from activities such as cleaning car parts, washing greasy or oily rags, or disposing of waste solutions from home photo labs or similar hobbyist or home occupational activities; (4) The application of gray water shall be managed to minimize standing water on the surface; (5) The application of gray water shall be outside of a floodway; (6) The gray water shall not contain water used to wash diapers or similarly soiled or infectious garments unless the gray water is disinfected before irrigation; and (7) The gray water shall be applied only by hand watering using garden watering cans or similar hand-held containers. (c) Any violation of subsection (b) of this Code section shall be a misdemeanor. 1210 JOURNAL OF THE SENATE (d) County boards of health shall adopt the provisions of subsection (b) of this Code section by regulation." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Golden Y Grant Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson N Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Ramsey E Reed Y Rogers Y Schaefer Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Williams On the passage of the bill, the yeas were 45, nays 1. SB 463, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Pearson of the 51st Wiles of the 37th WEDNESDAY, FEBRUARY 27, 2008 1211 SB 440. By Senator Douglas of the 17th: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to define certain terms; to provide that certain nonprofit organizations may sell certain pull tab games of chance; 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 Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance N Chapman Y Cowsert Y Davenport Y Douglas Y Fort Goggans E Golden Grant Hamrick Y Harbison Y Harp Y Hawkins N Heath Henson Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock E Pearson Y Powell Y Ramsey E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Shafer,D Y Smith Y Staton Y Stoner N Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber E Wiles Y Williams On the passage of the bill, the yeas were 40, nays 3. SB 440, having received the requisite constitutional majority, was passed. SB 366. By Senators Grant of the 25th, Hamrick of the 30th, Bulloch of the 11th, Hill of the 4th and Goggans of the 7th: A BILL to be entitled an Act to amend Code Section 42-5-18 of the Official Code of Georgia Annotated, relating to giving weapons, intoxicants, drugs, or other items to inmates without the consent of the warden or superintendent, so 1212 JOURNAL OF THE SENATE as to prohibit inmates from receiving or possessing telecommunications devices; to establish that providing a telecommunications device to an inmate and possession of such device by an inmate shall be a felony; to provide a definition; 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 366: A BILL TO BE ENTITLED AN ACT To amend Code Section 42-5-18 of the Official Code of Georgia Annotated, relating to giving weapons, intoxicants, drugs, or other items to inmates without the consent of the warden or superintendent, so as to prohibit inmates from receiving or possessing telecommunications devices; to establish that providing a telecommunications device to an inmate and possession of such device by an inmate shall be a felony; to provide for a misdemeanor penalty under certain circumstances; to provide definitions; to add penalties for violation of the provisions; to amend Code Section 42-5-19 of the Official Code of Georgia Annotated, relating to the penalties for violating Code Sections 42-5-16, 42-517, and 42-5-18, so as to remove certain penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 42-5-18 of the Official Code of Georgia Annotated, relating to giving weapons, intoxicants, drugs, or other items to inmates without the consent of the warden or superintendent, is revised in its entirety as follows: "42-5-18. (a) As used in this Code section, the term: (1) 'Inmate' means a prisoner, detainee, criminal suspect, immigration detainee, or other person held, incarcerated, or detained in a place of incarceration. (2) 'Place of incarceration' means any prison, probation detention center, jail, or institution, including any state, federal, local, or privately operated facility, used for the purpose of incarcerating criminals or detainees. (3) 'Telecommunications device' means a device, an apparatus associated with a device, or a component of a device that enables, or may be used to enable, communication with a person outside a place of incarceration, including a telephone, cellular telephone, personal digital assistant, transmitting radio, or computer connected or capable of being connected to a computer network, by wireless or other technology, or otherwise capable of communicating with a person or device outside of a place of incarceration. WEDNESDAY, FEBRUARY 27, 2008 1213 (4) 'Warden or superintendent' shall mean the commissioner or any warden, superintendent, sheriff, chief jailor, or other person who is responsible for the overall management and operation of a place of incarceration. (b) It shall be unlawful for any person to obtain, to procure for, or to give to an inmate a gun, pistol, or any other weapon; any intoxicating liquor; amphetamines, biphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount; any telecommunications device; or any other article or item without the authorization of the warden or superintendent or his or her designee. (c) It shall be unlawful for an inmate to possess a gun, pistol, or any other weapon; any intoxicating liquor; amphetamines, biphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount; a telecommunications device; or any other item without the authorization of the warden or superintendent or his or her designee. (d) A person who commits or attempts to commit a violation of this Code section shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years; provided, however, if a person violates this Code section while being held pursuant to an arrest or conviction for a misdemeanor offense, the possession of a telecommunications device in violation of this Code section shall be treated as a misdemeanor." SECTION 2. Code Section 42-5-19 of the Official Code of Georgia Annotated, relating to the penalties for violating Code Sections 42-5-16, 42-5-17, and 42-5-18, is amended as follows: "42-5-19. Any person who violates Code Section 42-5-16, or 42-5-17, or 42-5-18 shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Y Butler Y Heath Y Henson Y Hill,Jack E Hill,Judson Y Hooks Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith 1214 JOURNAL OF THE SENATE Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock E Pearson Y Powell Y Ramsey E Reed Rogers Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. SB 366, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Judson Hill District 32 325 Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Reapportionment and Redistricting Special Judiciary Transportation Health and Human Services Judiciary Urban Affairs The State Senate Atlanta, Georgia 30334 On February 27, 2008 I voted yes on Senate Bill 366 by pushing my green (yes) button 2 times, however the vote did not register. /s/ Judson Hill District 32 The following Senators were excused for business outside the Senate Chamber: Harp of the 29th Rogers of the 21st Weber of the 40th WEDNESDAY, FEBRUARY 27, 2008 1215 SB 403. By Senators Henson of the 41st, Butler of the 55th, Ramsey, Sr. of the 43rd, Reed of the 35th and Tate of the 38th: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 34 of the Official Code of Georgia Annotated, relating to the master and servant employment relationship generally, so as to provide for prompt payment of wages to an employee following his or her resignation or discharge; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Senate Insurance and Labor Committee offered the following substitute to SB 403: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 7 of Title 34 of the Official Code of Georgia Annotated, relating to the master and servant employment relationship generally, so as to provide for prompt payment of wages to an employee following his or her resignation or discharge; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 7 of Title 34 of the Official Code of Georgia Annotated, relating to the master and servant employment relationship generally, is amended by adding a new Code section to read as follows: "34-7-7. (a) Upon the discharge of an employee of any kind whatever, it shall be the duty of the person employing such employee to pay the amount then due under the terms of employment, no later than or at the next regular pay period for such employee. (b) Upon the resignation of any employee of any kind whatever, it shall be the duty of the person employing such employee to pay the amount then due under the terms of employment, no later than or at the next regular pay period for such employee. (c) Payment shall be made at the place and in the manner which has been customary during the employment, except that payment may be made via United States mail to the employee, provided postage has been prepaid and the envelope properly addressed with the employees current address as shown in the employers records. In the event payment is made by mail, the employer shall be deemed to have made such payment when it is mailed. The timeliness of the mailing may be shown by an official United States postmark or other official documentation from the United States Postal Service. (d) The provisions of this Code section shall not apply when there is a written policy signed by or provided to the employee, or written contract or written agreement, or 1216 JOURNAL OF THE SENATE collective bargaining agreement affecting the employer and employee which provides otherwise. (e) In the event of a dispute as to the amount due under this Code section, the employee shall have the right to file an action to enforce the remainder of his or her wage claim. (f) For purposes of this Code section, vacation pay will be considered an amount then due only if, in accordance with the stated vacation policy of the person employing such employee, both of the following apply: (1) Pursuant to the employers policy, the employee is deemed eligible for and has accrued the right to take vacation time with pay; and (2) Pursuant to the employers policy, the employee has not taken or been compensated for the vacation time as of the date of the discharge or resignation. The provisions of this subsection shall not be interpreted to allow the forfeiture of any vacation pay actually earned by an employee pursuant to the employers policy. (g) In the event of a dispute between the parties as to the amount of wages owed, the parties are encouraged to meet and confer within five days after the next regular pay period after the resignation or discharge of the employee. (h) If the dispute is not resolved and the employee files suit under this Code section, the employer may pay the wages under dispute into the court and upon doing so there shall be no penalties assessed against such employer. (i) The court shall take into consideration and allow reduction of payment to the employee for moneys owed to the employer, or equipment or property of the employer that is determined to be in the possession or have been in the possession of the employee and not returned to the employer. (j) Any employer who fails or refuses to comply with the provisions of this Code section shall be liable to the employee for 15 days wages at the employees daily rate of pay. In addition to the 15 days wages, a $500.00 civil penalty may be allowed the employee by the court based on the actions and good faith conduct or lack thereof of the parties." SECTION 2. This Act shall become effective on July 1, 2008, and shall be applied only to disputes arising on or after that date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Seabaugh of the 28th offered the following amendment #1: Amend the committee substitute (LC 37 0661S) to SB 403 by inserting between lines 11 and 12 on page 1 the following: "(a) The provisions of this Code Section shall not apply to the person employing when WEDNESDAY, FEBRUARY 27, 2008 1217 such person employing has less than 50 employees." and reletter paragraphs below accordingly On the adoption of the amendment, the yeas were 26, nays 16, and the Seabaugh amendment #1 to the committee substitute was adopted. Senators Seabaugh of the 28th and Henson of the 41st offered the following amendment #2: Amend the committee substitute (LC 37 0661S) to SB 403 by striking on line 14, page 1 "." and adding: "or 15 days, whichever is later." and by striking on line 17, page 1 "." and adding: "or 15 days, whichever is later." On the adoption of the amendment, there were no objections, and the Seabaugh, Henson amendment #2 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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 N Balfour Y Brown Y Bulloch Y Butler N Carter N Chance Chapman Y Cowsert Y Davenport N Douglas Y Fort Goggans E Golden N Grant Hamrick N Heath Y Henson N Hill,Jack E Hill,Judson Y Hooks Y Hudgens N Jackson N Johnson N Jones Y Me V Bremen Y Moody N Mullis N Murphy Y Orrock N Pearson Y Powell N Schaefer N Seabaugh Y Seay N Shafer,D N Smith N Staton Y Stoner Y Tarver Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson Y Unterman E Weber 1218 JOURNAL OF THE SENATE Y Harbison E Harp N Hawkins Y Ramsey E Reed E Rogers N Wiles N Williams On the passage of the bill, the yeas were 22, nays 23. SB 403, having failed to receive the requisite constitutional majority, was lost. Senator Henson of the 41st gave notice that at the proper time he would move that the Senate reconsider its action on SB 403. Senator Douglas of the 17th gave notice that at the proper time he would move that the Senate reconsider its action on SB 440. Senator Johnson of the 1st moved that the Senate adjourn until 10:00 a.m. Thursday, February 28, 2008. The motion prevailed, and the President announced the Senate adjourned at 2:36 p.m. THURSDAY, FEBRUARY 28, 2008 1219 Senate Chamber, Atlanta, Georgia Thursday, February 28, 2008 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 Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. Senator Henson of the 41st asked unanimous consent that the Senate reconsider its action in defeating the following bill: SB 403. By Senators Henson of the 41st, Butler of the 55th, Ramsey, Sr. of the 43rd, Reed of the 35th and Tate of the 38th: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 34 of the Official Code of Georgia Annotated, relating to the master and servant employment relationship generally, so as to provide for prompt payment of wages to an employee following his or her resignation or discharge; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. On the motion, there was no objection, the motion prevailed and SB 403 was reconsidered. SB 403 was returned to the Senate General Calendar. Senator Douglas of the 17th moved that the Senate reconsider its action in passing the following bill: SB 440. By Senator Douglas of the 17th: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to define certain terms; to provide that certain nonprofit organizations may sell certain pull tab games of chance; to repeal conflicting laws; and for other purposes. On the motion, there was no objection, the motion prevailed, and SB 440 was reconsidered. SB 440 was placed at the foot of today's Rules Calendar. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. 1220 JOURNAL OF THE SENATE 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 188. By Representatives Rynders of the 152nd, Manning of the 32nd, Walker of the 107th, Ralston of the 7th, Willard of the 49th 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 for an exemption for a primary caregiver of a person aged six or older with physical or cognitive limitations; to repeal conflicting laws; and for other purposes. HB 250. By Representatives Maxwell of the 17th, Jones of the 46th, Rogers of the 26th, Casas of the 103rd, Dickson of the 6th and others: A BILL to be entitled an Act to amend Part 10 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to professional standards, so as to revise certain provisions relating to reports of criminal offenses to local boards of education; to revise certain provisions relating to preliminary investigations of violations; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 958. By Representatives Rice of the 51st, Lindsey of the 54th, Mumford of the 95th, Coleman of the 97th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to clarify the appeal procedure for certain judgments; to provide for additional information in statements of claim; to revise the procedures for applying to vacate a judgment; to revise the requirements for use of postjudgment interrogatories; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 981. By Representatives Butler of the 18th, McCall of the 30th, Rice of the 51st and Forster of the 3rd: 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 weight THURSDAY, FEBRUARY 28, 2008 1221 of vehicles and loads, so as to provide that concrete haulers are entitled to the same weight variance granted to feed and granite haulers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1043. By Representatives Cooper of the 41st, Wilkinson of the 52nd, Jacobs of the 80th, Manning of the 32nd, Butler of the 18th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 41 of Title 31 of the Official Code of Georgia Annotated, the "Childhood Lead Exposure Control Act," so as to revise the definition of the term "confirmed lead poisoning"; to change certain provisions relating to the abatement of lead poisoning hazards; to provide for application of the article; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1065. By Representatives Royal of the 171st, Jones of the 46th and Coleman of the 97th: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the sales tax for educational purposes, so as to authorize local charter schools and state chartered special schools as capital outlay projects for purposes of such tax; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1090. By Representatives Stephens of the 164th, Carter of the 159th, Parham of the 141st and Parrish of the 156th: 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, II, III, and IV controlled substances; to change certain provisions relating to the definition of "dangerous drug"; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1124. By Representatives Mills of the 25th, Smith of the 129th, Sheldon of the 105th, Shaw of the 176th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to the procedure for awarding designbuild contracts, so as to change the standard for award of a contract; to provide that the Department of Transportation attempt to award contracts to qualified Georgia contractors; to require the Department of Transportation 1222 JOURNAL OF THE SENATE to report to the General Assembly on its progress in utilizing the designbuild procedure; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1160. By Representatives Walker of the 107th, Sheldon of the 105th, Smith of the 70th and Forster of the 3rd: A BILL to be entitled an Act to amend Chapter 66A of Title 36 of the Official Code of Georgia Annotated, relating to the transfer of development rights, so as to define certain terms; to provide for the severance of transferable development rights; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 1169. By Representatives Morgan of the 39th, Dickson of the 6th, Ashe of the 56th, Teilhet of the 40th, Manning of the 32nd and others: A BILL to be entitled an Act to amend Code Section 20-1A-2 of the Official Code of Georgia Annotated, relating to definitions relative to early care and learning programs, so as to revise the definition of "day-care center" so as to exclude certain private schools which provide kindergarten through grade 12 education from regulation as day-care centers; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1183. By Representatives Smith of the 113th, Royal of the 171st, Cox of the 102nd, Lewis of the 15th and Forster of the 3rd: A BILL to be entitled an Act to amend an Act amending Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, and amending Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, approved May 29, 2003 (Ga. L. 2003, p. 313), as amended by an Act approved May 1, 2006 (Ga. L. 2006, p. 686), so as to delay the repeal of a certain provision of said Act until June 30, 2010; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to nonlapsing revenue of institutions in the university system; to change certain provisions relating to nonlapsing of 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. THURSDAY, FEBRUARY 28, 2008 1223 HB 1222. By Representatives Channell of the 116th, Parrish of the 156th, Stephens of the 164th, Sheldon of the 105th, Gardner of the 57th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the " 'Health Share' Volunteers in Medicine Act," so as to add definitions; to revise certain provisions relating to requirements for entering into contracts with health care providers; to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses generally, so as to revise certain provisions relating to the "Georgia Volunteers in Health Care Specialties Act"; to require that health care licensing boards issue special licenses if certain conditions are met; to require that a health care practitioner that is under sanctions or restrictions shall not receive a special license; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1282. By Representatives Keen of the 179th, Hill of the 180th and Lane of the 167th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Glynn 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 1, 2000 (Ga. L. 2000, p. 4612), as amended, so as to provide for circumstances when such exemption may continue to be received if the homestead is destroyed but repaired or rebuilt in similar size and value within two years; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1285. By Representatives Keen of the 179th, Hill of the 180th and Lane of the 167th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Glynn County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead approved May 1, 2000 (Ga. L. 2000, p. 4616), as amended, so as to provide for circumstances when such exemption may continue to be received if the homestead is destroyed but repaired or rebuilt in similar size and value within two years; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. 1224 JOURNAL OF THE SENATE HB 1304. By Representatives Setzler of the 35th, Tumlin of the 38th, Cooper of the 41st, Teilhet of the 40th, Wix of the 33rd and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes. HB 1308. By Representatives Ehrhart of the 36th, Tumlin of the 38th, Setzler of the 35th, Franklin of the 43rd, 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 29, 2007 (Ga. L. 2007, p. 4136), so as to change the compensations of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1309. By Representative Williams of the 178th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Brantley County, approved July 1, 1927 (Ga. L. 1927, p. 500), as amended, so as to change the salary of the chairperson; to repeal conflicting laws; and for other purposes. HB 1312. By Representative Pruett of the 144th: A BILL to be entitled an Act to create the Bleckley County School Building Authority and to authorize such authority to provide, acquire, construct, equip, maintain, and operate public service facilities, to acquire the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real and personal property; to confer powers and to impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to provide that bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for construction; to provide for conveyance of property upon dissolution; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 28, 2008 1225 HB 1313. By Representatives Pruett of the 144th and Floyd of the 147th: A BILL to be entitled an Act to create the Pulaski County School Building Authority and to authorize such authority to provide, acquire, construct, equip, maintain, and operate public service facilities, to acquire the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real and personal property; to confer powers and to impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to provide that bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for construction; to provide for conveyance of property upon dissolution; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1023. By Representatives Holmes of the 61st, Thomas of the 55th, Sinkfield of the 60th, Bruce of the 64th, Beasley-Teague of the 65th and others: A RESOLUTION dedicating the Tuskegee Airmen Parkway; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 526. By Senators Harp of the 29th, Cowsert of the 46th and Staton of the 18th: 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 "Lottery for Education Act," so as to define certain terms; to provide that under certain conditions lottery winnings may be assigned; to provide for a court order; to provide for findings of fact; to provide for notice and acknowledgment; to provide for liens and bankruptcy; to provide for an exemption from liability; to provide for a fee; to provide for certain restrictions and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. 1226 JOURNAL OF THE SENATE SB 527. By Senators Davenport of the 44th, Brown of the 26th, Jones of the 10th, Reed of the 35th, Tate of the 38th and others: A BILL to be entitled an Act to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to enact the "Foreclosure Rescue Fraud Prevention Act"; to provide for legislative findings and intent; to provide for definitions; to provide that deeds or other conveyances of interests in property purporting to be an absolute conveyance of title but was made a security for the performance of an obligation shall be deemed to be an equitable mortgage; to provide for reformation of equitable mortgages; to provide for obligations and payments under equitable mortgages; to provide for stays of eviction actions under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. SB 528. By Senator Goggans of the 7th: A BILL to be entitled an Act to amend Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of disease in livestock, so as to revise certain provisions relating to deer farming; to provide for regulation of alternative livestock farming; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SB 529. By Senators Grant of the 25th, Harp of the 29th, Meyer von Bremen of the 12th, Unterman of the 45th and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the O.C.G.A., relating to the uniform rules of the road, so as to provide for an offense of homicide by vehicle where a person has committed the offense of felony hit and run and the accident therefrom resulted in the death of the person; to provide that a person who fails to stop and render aid under certain circumstances has committed the offense of hit and run; to amend Article 1 of Chapter 7 of Title 52 of the O.C.G.A., relating to general provisions pertaining to the registration, operation, and sale of watercraft, so as to provide for an offense of homicide by vessel where a person has operated a vessel in such a manner as to cause a collision or accident and knowingly fails to stop and attempt to render assistance; to provide for related matters; to provide for THURSDAY, FEBRUARY 28, 2008 1227 applicability and an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 530. By Senators Fort of the 39th, Tate of the 38th, Orrock of the 36th, Ramsey, Sr. of the 43rd, Jones of the 10th and others: 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 authorize the imposition of a joint county and municipal sales and use tax for the maintenance and operation of public hospitals; to provide for applicability with respect to the ceiling on local sales and use taxes; to establish special districts; to provide for procedures, conditions, and limitations for the imposition, collection, disbursement, and removal of the tax; to provide for administration by the state revenue commissioner; to require referendum approval of the imposition or discontinuation of the tax; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 531. By Senators Hamrick of the 30th, Orrock of the 36th, Brown of the 26th, Chance of the 16th, Thompson of the 5th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, conveyances to secure debt, and liens, so as to require a foreclosure to be conducted by the current owner or holder of the mortgage, as reflected by public records; to provide for the identity of the secured creditor to be included in the advertisement and in court records; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. SB 532. By Senators Orrock of the 36th, Carter of the 13th, Stoner of the 6th, Brown of the 26th, Thompson of the 5th and others: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions relative to standards and requirements for construction of buildings and other structures generally, so as to enact the "New Home Access Act"; to provide for legislative findings; to require new at-grade residential structures to include certain accessibility features; to provide for exceptions; to provide for 1228 JOURNAL OF THE SENATE applicability; to provide for a penalty; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 533. By Senators Chance of the 16th, Hawkins of the 49th, Chapman of the 3rd, Rogers of the 21st, Staton of the 18th and others: A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to fish and other seafoods, so as to provide for certain regulations regarding seafood; to require certain disclosures; to provide for definitions; to provide for violations; to provide for penalties for said violations; to provide for injunction under certain circumstances; to make certain conforming amendments; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SR 1035. By Senators Harp of the 29th and Hooks of the 14th: A RESOLUTION celebrating the life of Leonard R. Meadows and dedicating a road in his memory; and for other purposes. Referred to the Transportation Committee. SR 1038. By Senators Adelman of the 42nd, Hooks of the 14th, Hill of the 32nd, Thompson of the 5th, Rogers of the 21st and others: A RESOLUTION urging the Government of Turkey to grant the Ecumenical Patriarch appropriate international recognition, ecclesiastical succession, and the right to train clergy of all nationalities and to respect the property rights and human rights of the Ecumenical Patriarchate; and for other purposes. Referred to the Rules Committee. SR 1047. By Senators Pearson of the 51st, Mullis of the 53rd, Seay of the 34th, Stoner of the 6th and Reed of the 35th: A RESOLUTION urging the Georgia Department of Transportation to consolidate its county barns and privatize road maintenance functions; and for other purposes. Referred to the Transportation Committee. THURSDAY, FEBRUARY 28, 2008 1229 The following House legislation was read the first time and referred to committee: HB 188. By Representatives Rynders of the 152nd, Manning of the 32nd, Walker of the 107th, Ralston of the 7th, Willard of the 49th 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 for an exemption for a primary caregiver of a person aged six or older with physical or cognitive limitations; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 250. By Representatives Maxwell of the 17th, Jones of the 46th, Rogers of the 26th, Casas of the 103rd, Dickson of the 6th and others: A BILL to be entitled an Act to amend Part 10 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to professional standards, so as to revise certain provisions relating to reports of criminal offenses to local boards of education; to revise certain provisions relating to preliminary investigations of violations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 958. By Representatives Rice of the 51st, Lindsey of the 54th, Mumford of the 95th, Coleman of the 97th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to clarify the appeal procedure for certain judgments; to provide for additional information in statements of claim; to revise the procedures for applying to vacate a judgment; to revise the requirements for use of postjudgment interrogatories; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. HB 981. By Representatives Butler of the 18th, McCall of the 30th, Rice of the 51st and Forster of the 3rd: 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 weight of 1230 JOURNAL OF THE SENATE vehicles and loads, so as to provide that concrete haulers are entitled to the same weight variance granted to feed and granite haulers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. HB 1043. By Representatives Cooper of the 41st, Wilkinson of the 52nd, Jacobs of the 80th, Manning of the 32nd, Butler of the 18th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 41 of Title 31 of the Official Code of Georgia Annotated, the "Childhood Lead Exposure Control Act," so as to revise the definition of the term "confirmed lead poisoning"; to change certain provisions relating to the abatement of lead poisoning hazards; to provide for application of the article; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 1065. By Representatives Royal of the 171st, Jones of the 46th and Coleman of the 97th: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the sales tax for educational purposes, so as to authorize local charter schools and state chartered special schools as capital outlay projects for purposes of such tax; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1090. By Representatives Stephens of the 164th, Carter of the 159th, Parham of the 141st and Parrish of the 156th: 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, II, III, and IV controlled substances; to change certain provisions relating to the definition of "dangerous drug"; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. THURSDAY, FEBRUARY 28, 2008 1231 HB 1124. By Representatives Mills of the 25th, Smith of the 129th, Sheldon of the 105th, Shaw of the 176th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to the procedure for awarding designbuild contracts, so as to change the standard for award of a contract; to provide that the Department of Transportation attempt to award contracts to qualified Georgia contractors; to require the Department of Transportation to report to the General Assembly on its progress in utilizing the design-build procedure; 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 1160. By Representatives Walker of the 107th, Sheldon of the 105th, Smith of the 70th and Forster of the 3rd: A BILL to be entitled an Act to amend Chapter 66A of Title 36 of the Official Code of Georgia Annotated, relating to the transfer of development rights, so as to define certain terms; to provide for the severance of transferable development rights; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. HB 1169. By Representatives Morgan of the 39th, Dickson of the 6th, Ashe of the 56th, Teilhet of the 40th, Manning of the 32nd and others: A BILL to be entitled an Act to amend Code Section 20-1A-2 of the Official Code of Georgia Annotated, relating to definitions relative to early care and learning programs, so as to revise the definition of "day-care center" so as to exclude certain private schools which provide kindergarten through grade 12 education from regulation as day-care centers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 1183. By Representatives Smith of the 113th, Royal of the 171st, Cox of the 102nd, Lewis of the 15th and Forster of the 3rd: A BILL to be entitled an Act to amend an Act amending Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, and amending Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of 1232 JOURNAL OF THE SENATE Georgia Annotated, relating to the university system, approved May 29, 2003 (Ga. L. 2003, p. 313), as amended by an Act approved May 1, 2006 (Ga. L. 2006, p. 686), so as to delay the repeal of a certain provision of said Act until June 30, 2010; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to nonlapsing revenue of institutions in the university system; to change certain provisions relating to nonlapsing of 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 1222. By Representatives Channell of the 116th, Parrish of the 156th, Stephens of the 164th, Sheldon of the 105th, Gardner of the 57th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the " 'Health Share' Volunteers in Medicine Act," so as to add definitions; to revise certain provisions relating to requirements for entering into contracts with health care providers; to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses generally, so as to revise certain provisions relating to the "Georgia Volunteers in Health Care Specialties Act"; to require that health care licensing boards issue special licenses if certain conditions are met; to require that a health care practitioner that is under sanctions or restrictions shall not receive a special license; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 1282. By Representatives Keen of the 179th, Hill of the 180th and Lane of the 167th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Glynn 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 1, 2000 (Ga. L. 2000, p. 4612), as amended, so as to provide for circumstances when such exemption may continue to be received if the homestead is destroyed but repaired or rebuilt in similar size and value within two years; 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. THURSDAY, FEBRUARY 28, 2008 1233 HB 1285. By Representatives Keen of the 179th, Hill of the 180th and Lane of the 167th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Glynn County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead approved May 1, 2000 (Ga. L. 2000, p. 4616), as amended, so as to provide for circumstances when such exemption may continue to be received if the homestead is destroyed but repaired or rebuilt in similar size and value within two years; 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 1304. By Representatives Setzler of the 35th, Tumlin of the 38th, Cooper of the 41st, Teilhet of the 40th, Wix of the 33rd and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, 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 1308. By Representatives Ehrhart of the 36th, Tumlin of the 38th, Setzler of the 35th, Franklin of the 43rd, 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 29, 2007 (Ga. L. 2007, p. 4136), so as to change the compensations of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1309. By Representative Williams of the 178th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Brantley County, approved July 1, 1927 (Ga. L. 1927, p. 1234 JOURNAL OF THE SENATE 500), as amended, so as to change the salary of the chairperson; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1312. By Representative Pruett of the 144th: A BILL to be entitled an Act to create the Bleckley County School Building Authority and to authorize such authority to provide, acquire, construct, equip, maintain, and operate public service facilities, to acquire the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real and personal property; to confer powers and to impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to provide that bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for construction; to provide for conveyance of property upon dissolution; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1313. By Representatives Pruett of the 144th and Floyd of the 147th: A BILL to be entitled an Act to create the Pulaski County School Building Authority and to authorize such authority to provide, acquire, construct, equip, maintain, and operate public service facilities, to acquire the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real and personal property; to confer powers and to impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to provide that bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for construction; to provide for conveyance of property upon dissolution; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. THURSDAY, FEBRUARY 28, 2008 1235 HR 1023. By Representatives Holmes of the 61st, Thomas of the 55th, Sinkfield of the 60th, Bruce of the 64th, Beasley-Teague of the 65th and others: A RESOLUTION dedicating the Tuskegee Airmen Parkway; and for other purposes. Referred to the Transportation 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 449 Do Pass Respectfully submitted, Senator Pearson of the 51st 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 Do Pass SB 472 Do Pass SB 493 Do Pass SR 996 Do Pass by substitute Respectfully submitted, Senator Rogers of the 21st 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 425 SB 468 SB 470 Do Pass Do Pass Do Pass SB 471 Do Pass SB 499 Do Pass by substitute 1236 JOURNAL OF THE SENATE 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 SB 453 SB 483 Do Pass by substitute Do Pass by substitute Do Pass Respectfully submitted, Senator Harp of the 29th District, Vice-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 389 SB 476 Do Pass by substitute Do Pass 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: SB 424 SB 479 SB 485 Do Pass by substitute Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Shafer of the 48th District, Chairman THURSDAY, FEBRUARY 28, 2008 1237 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 525 Do Pass Respectfully submitted, Senator Staton of the 18th 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 664 Do Pass HB 1223 Do Pass HB 1279 Do Pass SB 486 SB 494 SB 495 Do Pass Do Pass Do Pass Respectfully submitted, Senator Wiles of the 37th District, Chairman The following legislation was read the second time: HB 579 HB 921 SB 257 SB 349 SB 378 SB 414 SB 458 SB 488 SB 492 SB 496 SB 502 SB 506 SB 508 SB 512 SR 1012 The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Thompson of the 5th Weber of the 40th The roll was called and the following Senators answered to their names: Adelman Balfour Brown Bulloch Butler Carter Chance Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Rogers Schaefer Seabaugh Seay Shafer,D Smith Staton 1238 JOURNAL OF THE SENATE Chapman Cowsert Davenport Douglas Fort Goggans Grant Hamrick Harbison Harp Hawkins Johnson Jones Me V Bremen Moody Mullis Murphy Orrock Powell Ramsey Reed Not answering were Senators: Golden (Excused) Weber (Excused) Pearson The members pledged allegiance to the flag. Stoner Tarver Tate Thomas,D Thomas,R Thompson,S Tolleson Unterman Wiles Williams Thompson, C. (Excused) Senator Brown of the 26th introduced the chaplain of the day, Reverend Spencer Lamar Booker of East Point, Georgia, who offered scripture reading and prayer. Lieutenant Governor Cagle recognized and awarded Honorary Page certificates to Special Olympic athletes Wesley Mosley, Bradley Carlisle, Maria Johnson, and Chris Currere. Senator Thomas of the 54th introduced the doctor of the day, Dr. Todd Schmidt. The following resolutions were read and adopted: SR 1036. By Senators Grant of the 25th, Hooks of the 14th, Cowsert of the 46th, Tarver of the 22nd, Williams of the 19th and others: A RESOLUTION recognizing and honoring the life of Ezekiel Roy Lambert; and for other purposes. SR 1037. By Senator Thompson of the 5th: A RESOLUTION recognizing and commending Mr. Gary Adler FourStar and the Many Horses Foundation; and for other purposes. THURSDAY, FEBRUARY 28, 2008 1239 SR 1039. By Senators Davenport of the 44th, Fort of the 39th, Tarver of the 22nd, Brown of the 26th, Jones of the 10th and others: A RESOLUTION recognizing and commending Robert Michael Franklin, Jr.; and for other purposes. SR 1040. By Senators Chance of the 16th, Rogers of the 21st, Staton of the 18th, Harp of the 29th, Wiles of the 37th and others: A RESOLUTION recognizing and honoring the life of Noah N. Langdale; and for other purposes. SR 1041. By Senator Pearson of the 51st: A RESOLUTION recognizing and commending those involved in the death investigation of Meredith Hope Emerson; and for other purposes. SR 1042. By Senators Hudgens of the 47th, Cowsert of the 46th, Rogers of the 21st and Johnson of the 1st: A RESOLUTION recognizing and commending the many valuable contributions of the Conditioned Air Association of Georgia (CAAG) and declaring February 28, 2008, CAAG Day at the Capitol; and for other purposes. SR 1043. By Senators Hill of the 32nd, Johnson of the 1st, Thomas of the 2nd, Pearson of the 51st and Mullis of the 53rd: A RESOLUTION expressing support for the Port of Savannah; and for other purposes. SR 1044. By Senators Carter of the 13th and Thomas of the 54th: A RESOLUTION recognizing Thursday, February 28, 2008, as the kickoff for the 2008 Legislative Fitness Challenge; and for other purposes. SR 1045. By Senators Carter of the 13th, Golden of the 8th, Harp of the 29th, Hooks of the 14th, Hamrick of the 30th and others: A RESOLUTION congratulating Leah Massee; and for other purposes. 1240 JOURNAL OF THE SENATE SR 1046. By Senators Unterman of the 45th, Cowsert of the 46th, Weber of the 40th, Tate of the 38th, Butler of the 55th and others: A RESOLUTION acknowledging the contributions of senior Georgians and establishing February 26 through February, 28, 2008, as "Senior Days at the Capitol"; and for other purposes. SR 1048. By Senators Hill of the 32nd, Meyer von Bremen of the 12th and Pearson of the 51st: A RESOLUTION expressing cultural, economic, and educational cooperation with the Federal Republic of Germany; and for other purposes. SR 1049. By Senator Butler of the 55th: A RESOLUTION commending Orrin "Checkmate" Hudson; and for other purposes. SR 1050. By Senators Butler of the 55th, Adelman of the 42nd, Ramsey, Sr. of the 43rd, Henson of the 41st, Jones of the 10th and others: A RESOLUTION expressing regret at the passing of Police Officer Eric Barker; and for other purposes. SR 1051. By Senators Butler of the 55th, Adelman of the 42nd, Ramsey, Sr. of the 43rd, Henson of the 41st, Jones of the 10th and others: A RESOLUTION expressing regret at the passing of Police Officer Ricky Bryant, Jr.; and for other purposes. Senator Unterman of the 45th acknowledged the contributions of senior Georgians and established February 26 through February 28, 2008, as "Senior Days at the Capitol", designated by SR 1046, adopted previously. Executive Director Melanie McNeil and Education Chair Karen Bacheller from the Georgia Council on Aging addressed the Senate briefly. The following Senators were excused for business outside the Senate Chamber: Carter of the 13th Stoner of the 6th Chance of the 16th Tolleson of the 20th Hill of the 32nd The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: THURSDAY, FEBRUARY 28, 2008 1241 SENATE LOCAL CONSENT CALENDAR Thursday, February 28, 2008 Twenty-fifth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 494 Grant of the 25th JASPER COUNTY A BILL to be entitled an Act to amend an Act consolidating the office of Tax Receiver and Tax Collector of Jasper County into the office of Tax Commissioner of Jasper County, approved March 26, 1935 (Ga. L. 1935, p. 703), as amended, so as to change certain provisions relating to the compensation of the tax commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 664 Adelman of the 42nd CITY OF DECATUR A BILL to be entitled an Act to authorize the City of Decatur 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 1223 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 particularly by an Act approved May 29, 2007 (Ga. L. 2007, 4201), so as to provide for compensation of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. 1242 HB 1279 JOURNAL OF THE SENATE Hill of the 4th Powell of the 23rd EMANUEL COUNTY A BILL to be entitled an Act to amend an Act providing for the composition and election of the Board of Education of Emanuel County, approved April 12, 1982 (Ga. L. 1982, p. 4049), as amended, particularly by an Act approved March 10, 1988 (Ga. L. 1988, p. 3836), so as to change the compensation of the chairman and members of that board; to repeal conflicting laws; and for other purposes. Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following two local bills relating to homestead exemptions require a two-thirds roll-call vote for passage: SB 486 Chapman of the 3rd GLYN COUNTY A BILL to be entitled an Act to provide a homestead exemption from Glynn County School District ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older and whose 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 a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. SB 495 Grant of the 25th BALDWIN COUNTY A BILL to be entitled an Act to amend an Act providing a homestead exemption from all Baldwin County School District ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $16,000.00 and who are 65 years of age or older, approved March 18, 1985 (Ga. L. 1985, p. 3835), so as to increase the income limitation to $40,000.00; to increase qualified homestead property from five acres to ten acres; to provide for related matters; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 28, 2008 1243 The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Butler E Carter E Chance Y Chapman Y Cowsert Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver Tate Thomas,D Y Thomas,R E Thompson,C Y Thompson,S E Tolleson Y Unterman E Weber Y Wiles Y Williams 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. Senator Brown of the 26th recognized the 2008 Cherry Blossom Festival and observed February 28, 2008, as Macon Day in Atlanta-Taste of Macon, designated by SR 929, adopted previously. Mayor Robert Reichert, Founder of the Cherry Blossom Festival, Carolyn Crayton, and Chairman of the Board of Commissioners of Bibb County Charles Bishop addressed the Senate briefly. Senator Moody of the 56th was excused for business outside the Senate Chamber. NOTICE OF MOTION TO RECONSIDER: SB 403 Labor; prompt payment of wages to employee following resignation/discharge; provide for penalties (Substitute)(Amendments) (I&L-41st) 1244 SB 440 SB 436 SB 437 SB 466 SB 469 SB 474 JOURNAL OF THE SENATE Bingo; define certain terms; provide certain nonprofit organizations may sell certain pull tab games of chance (ECD-17th) SENATE RULES CALENDAR THURSDAY, FEBRUARY 28, 2008 TWENTY-FIFTH LEGISLATIVE DAY Business Corporations; voting for directors in publicly traded corporations; change provisions (JUDY-46th) Motor Vehicles; provide for registration/licensing of assembled motor vehicles and motorcycles; issuance of certificate of title to owners (PUB SAF-53rd) Water Resources; exempt permanent facility car washes from outdoor watering restrictions under certain conditions (NR&E-11th) Health; revise definition for personal care home; provide guidelines/oversight of host homes (H&HS-29th) Minors; provide availability of parental controls over Internet access (Substitute)(S&T-18th) 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 436. By Senators Cowsert of the 46th, Harp of the 29th, Weber of the 40th, Meyer von Bremen of the 12th, Adelman of the 42nd and others: A BILL to be entitled an Act to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to change provisions relating to voting for directors in publicly traded corporations; to provide for a contingency resignation of a director, which may be irrevocable; to change certain provisions relating to vacancies on a board; to change certain provisions relating to amending bylaws by the board of directors or shareholders; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 28, 2008 1245 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler E Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen E Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S E Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. SB 436, having received the requisite constitutional majority, was passed. Senator Pearson of the 51st asked unanimous consent that the following bill, having been placed on the Table on February 14, 2008, be taken from the Table: SB 420. By Senators Pearson of the 51st, Mullis of the 53rd, Williams of the 19th, Rogers of the 21st and Tolleson of the 20th: A BILL to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to exempt the Department of Transportation and its contractors from civil penalties levied for violations; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. 1246 JOURNAL OF THE SENATE The consent was granted, and SB 420 was taken from the Table. SB 420 was placed at the foot of today's Rules Calendar. The Calendar was resumed. SB 437. By Senators Mullis of the 53rd, Stoner of the 6th, Powell of the 23rd, Thomas of the 54th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for registration and licensing of assembled motor vehicles and motorcycles; to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the issuance of certificates of title to owners of assembled motor vehicles and motorcycles; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senators Mullis of the 53rd, Powell of the 23rd, Jackson of the 24th, Murphy of the 27th and Douglas of the 17th offered the following amendment #1: Amend SB 437 (LC 34 1487) by striking lines 17 and 18 of page 2 and inserting in lieu thereof the following: (2) 'Unconventional motor vehicle or motorcycle' means any motor vehicle or motorcycle that is manufactured, including, but not limited to, all-terrain vehicles, offroad vehicles, motorized carts, motor driven cycles, and mopeds, and that is not in compliance with the following: By striking lines 36 and 37 of page 2 and lines 1 through 3 of page 3 and inserting in lieu thereof the following: (c) The inspection conducted under subsection (b) of this Code section shall only be for the purpose of establishing that such assembled motor vehicle or motorcycle is eligible to receive a certificate of title. (d) The department shall be authorized to charge an inspection fee. On the adoption of the amendment, there were no objections, and the Mullis et al. amendment #1 was adopted. Senators Mullis of the 53rd and Powell of the 23rd offered the following amendment #2: Amend SB 437 (LC 34 1487) by adding after "so as" on line 5 of page 1 the following: to require the commissioner to issue certificates of title to certain motorcycles; THURSDAY, FEBRUARY 28, 2008 1247 By inserting between lines 18 and 19 of page 1 the following: SECTION 1.1. Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, is amended by adding a new Code section to read as follows: "40-3-25.1. The commissioner or the commissioners duly appointed county tag agent shall issue an appropriate certificate of title to a motorcycle that has two vehicle identification numbers placed on such motorcycle by the manufacturer of origin if neither of the vehicle identification numbers has been identified as belonging to a stolen or previously titled motorcycle. The certificate shall be issued under the most recent vehicle identification number." By deleting lines 20 and 21 of page 1 and inserting in lieu thereof the following: Said article is further amended by adding a new Code section to read as On the adoption of the amendment, there were no objections, and the Mullis, Powell amendment #2 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour Y Brown Y Bulloch Y Butler E Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Goggans Y Golden Y Grant Hamrick Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber 1248 JOURNAL OF THE SENATE Y Harbison Y Harp Y Hawkins Y Ramsey Y Reed Y Rogers Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 0. SB 437, having received the requisite constitutional majority, was passed as amended. Senator Eric Johnson, President Pro Tempore, assumed the Chair. 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 466. By Senators Bulloch of the 11th, Shafer of the 48th, Tolleson of the 20th, Chance of the 16th and Cowsert of the 46th: 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 exempt permanent facility car washes from outdoor watering restrictions under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Rogers of the 21st offered the following amendment #1: Amend SB 466 (LC 25 5160) by deleting the quotation mark at the end of line 22 and adding between lines 22 and 23 of page 1 the following: (4.2) The use of surface water for any swimming pool shall be deemed not to be outdoor water use for purposes of any outdoor watering restrictions if failure to maintain the swimming pool would create unsafe, unsanitary, or unhealthy conditions, affecting the public health or welfare; and " By deleting the quotation mark at the end of line 10 and adding between lines 10 and 11 of page 2 the following: (f) The use of ground water for any swimming pool shall be deemed not to be outdoor water use for purposes of any outdoor watering restrictions if failure to maintain the swimming pool would create unsafe, unsanitary, or unhealthy conditions, affecting the public health or welfare." On the adoption of the amendment, there were no objections, and the Rogers amendment #1 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. THURSDAY, FEBRUARY 28, 2008 1249 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 E Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 1. SB 466, having received the requisite constitutional majority, was passed as amended. SB 469. By Senators Harp of the 29th and Thomas of the 54th: A BILL to be entitled an Act to amend Code Section 31-7-12 of the Official Code of Georgia Annotated, relating to personal care homes, so as to revise the definition of "personal care home"; to amend Code Section 37-1-20 of the Official Code of Georgia Annotated, relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, so as to provide guidelines for and oversight of host homes by the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources; to define "host home"; 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: 1250 JOURNAL OF THE SENATE Y Adelman E Balfour Y Brown Y Bulloch Y Butler E Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 469, having received the requisite constitutional majority, was passed. SB 474. By Senators Staton of the 18th, Heath of the 31st, Douglas of the 17th, Powell of the 23rd, Thomas of the 54th and others: A BILL to be entitled an Act to amend Title 39 of the Official Code of Georgia Annotated, relating to minors, so as to provide for definitions; to provide for the availability of parental controls over Internet access by children; to provide for the development and distribution of Internet online safety curricula and information; to provide for the monitoring of Internet use by registered sexual offenders; to provide for the registration of e-mail addresses and usernames of registered sexual offenders; to provide for certain disclosures; to provide that interactive computer services shall provide certain information for investigative purposes; to provide for the reporting by interactive computer services of child pornography violations; 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 474: THURSDAY, FEBRUARY 28, 2008 1251 A BILL TO BE ENTITLED AN ACT To amend Title 39 of the Official Code of Georgia Annotated, relating to minors, so as to provide for definitions; to provide for the availability of parental controls over Internet access by children; to provide for the development and distribution of Internet online safety curricula and information; to provide for the monitoring of Internet use by registered sexual offenders; to provide for the registration of e-mail addresses and usernames of registered sexual offenders; to provide for certain disclosures; to provide that interactive computer services shall provide certain information for investigative purposes; to provide for the reporting by interactive computer services of child pornography 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. Title 39 of the Official Code of Georgia Annotated, relating to minors, is amended by adding a new chapter to read as follows: "CHAPTER 5 39-5-1. As used in this chapter, the term: (1) 'Child' means a person who is less than 18 years of age. (2) 'Internet or any other computer network' means the computer network commonly known as the Internet and any other local, regional, or global computer network that is similar to or is a predecessor or successor of the Internet. (3) 'Internet access provider' means an entity that provides consumers with access to the Internet. (4) 'Interactive computer service' means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions. (5) 'Order' means a legal process for the release of information including, but not limited to, a subpoena, court order, search warrant, or summons. (6) 'Username' means a string of characters chosen to identify uniquely an individual who uses a computer or other device with Internet capability to communicate with other individuals through the exchange of e-mail or instant messages or by participating in interactive online forums. (7) 'User password' means a string of characters that enables an individual who uses a computer or other device with Internet capability to gain access to e-mail messages and interactive online forums. 1252 JOURNAL OF THE SENATE 39-5-2. (a) If an Internet access provider knows or has reason to know from registration data in its possession that a subscriber currently resides within this state, the provider shall make available to the subscriber a product or service that enables the subscriber to control a childs use of the Internet. (b) The product or service shall enable, in a commercially reasonable manner, the subscriber to: (1) Block a childs access to specific websites or domains; (2) Restrict a childs access exclusively to specific websites or domains approved by the subscriber; and (3) Allow the subscriber to monitor a childs use of the Internet service by providing a report to the subscriber of the specific websites or domains that the child has visited or has attempted to visit but could not access because the websites or domains were blocked or restricted by the subscriber. (c) If a product or service described in this Code section is reasonably and commercially available for the technology utilized by the subscriber to access the Internet service, the Internet service provider shall: (1) Provide to the subscriber, at or near the time of subscription, information about the availability of a product or service described in this Code section; or (2) Make a product or service described in this Code section available to the subscriber either directly or through a third-party vendor and may charge for the product or service. 39-5-3. (a) The State Department of Education shall develop and propose model curricula for educating students regarding online safety while using the Internet, taking into consideration curricula on this topic developed by other states as well as any other curricula and materials suggested by education experts, child psychologists, and technology companies that work on child online safety issues. (b) Each local school district shall incorporate into its curriculum a component on online Internet safety to be taught at least once each year to students in grade 3 and above. (c) The State Department of Education shall provide to each local school district educational materials for parents and guardians regarding online Internet safety for children. 39-5-4. (a) Any person required to register with the state sexual offender registry as provided in Code Section 42-1-12 may, as a condition of probation, supervised release, parole, or entry into the state, be subject to one or more of the following provisions and conditions while remaining on the state sexual offender registry: (1) Continued supervision, either in person or through remote monitoring, of the persons incoming and outgoing e-mail and other Internet based communication for THURSDAY, FEBRUARY 28, 2008 1253 evidence relevant to any crime that would require registration with the state sexual offender registry; (2) Continued supervision, either in person or through remote monitoring, of the persons history of websites visited and content accessed for evidence relevant to any crime that would require registration with the state sexual offender registry; and (3) Periodic unannounced inspections of the contents of the persons computer or any other device with Internet access including the retrieval and copying of all data from the computer or device and any internal or external storage or portable media and the removal of such information, computer, device, or medium to conduct a more thorough inspection for evidence relevant to any crime that would require registration with the state sexual offender registry. (b) If the Internet was used by the individual in the commission of a crime that would require registration with the state sexual offender registry, the court, as part of its sentence, may limit or restrict the persons Internet access in a manner tailored to prevent further use of the Internet by the person to commit any such crime. (c) The supervision shall be conducted by a probation officer, parole officer, law enforcement officer, or computer information technology specialist working under contract with the probation, parole, or law enforcement agency, in a manner and form prescribed by the Attorney General. 39-5-5. (a) In addition to any other information required for registration on the state sexual offender registry, the registrant at the time of registration and at each annual reregistration shall provide his or her e-mail addresses and usernames that such person uses or intends to use. (b) If a person required to register under Code Section 42-1-12 fails to provide his or her e-mail addresses and usernames that such person uses or intends to use as required by this Code section, the person shall be subject to the same penalties applicable under such Code section for a failure to register. (c) The e-mail addresses and usernames shall be made available to the public by the Georgia Bureau of Investigation under such restrictions as the Board of Public Safety shall promulgate by rule and regulation. 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. (d) No provider of an interactive computer service shall be liable under this Code section or any provision of law for: (1) Identifying, removing, disabling, blocking, or otherwise affecting a user based upon a good faith belief that users e-mail address, username, or other similar Internet identifier appeared in the National Sex Offender Registry or the state sexual offender registry; or (2) Failing to identify, block, or otherwise prevent a person from registering for its service or failing to remove, disable, or otherwise affect a registered user whose 1254 JOURNAL OF THE SENATE electronic mail address, username, or other similar Internet identifier appeared in the National Sex Offender Registry or the state sexual offender registry. (e) Law enforcement agencies, employees of law enforcement agencies, and state officials shall be immune from liability for good faith conduct under this Code section. 39-5-6. (a) An interactive computer service, upon the request of a law enforcement agency for an investigation of a possible sex offense involving a child, shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of an order or other legal process concerning such records and evidence. The interactive computer service shall comply with the request as soon as possible following the receipt of such request. The records and evidence shall be retained for a period of 90 days which shall be extended for an additional 90 day period upon a further request by the law enforcement agency within the initial 90 day period. (b) In connection with any criminal investigation of a possible sex offense involving a child that involves immediate danger of death or serious bodily harm, a law enforcement agency in this state may issue a request without compulsory legal process or court order to a designated recipient of an interactive computer service to disclose, consistent with 18 U.S.C. Sections 2702(b)(8) and 2702(c)(4), the information identified in 18 U.S.C. Section 2703. The interactive computer service shall communicate with the requesting agency to discuss the nature of the request and to coordinate an appropriate response immediately and without delay. (c) Subsections (a) and (b) of this Code section shall be interpreted in a manner consistent with the requirements of federal law that apply to providers of an electronic communications service, including, but not limited to, 18 U.S.C. Section 2701, et seq., and 42 U.S.C. Section 13032. 39-5-7. An interactive computer service doing business in this state that obtains knowledge of facts or circumstances from which a violation of any law of this state prohibiting child pornography is apparent shall make a report, as soon as reasonably possible, of such facts and circumstances to the Cyber Tipline at the National Center for Missing and Exploited Children consistent with the requirements of 42 U.S.C. Section 13032." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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. THURSDAY, FEBRUARY 28, 2008 1255 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. SB 474, having received the requisite constitutional majority, was passed by substitute. SB 440. By Senator Douglas of the 17th: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to define certain terms; to provide that certain nonprofit organizations may sell certain pull tab games of chance; to repeal conflicting laws; and for other purposes. Senators Douglas of the 17th, Cowsert of the 46th and Unterman of the 45th offered the following amendment #1: Amend SB 440 by striking on line 2 on page 1 "nonprofit" and inserting in its place "veterans". By striking on line 11 of page 1 "(1) 'Nonprofit, tax-exempt" and inserting in its place "(2) 'Veterans". 1256 JOURNAL OF THE SENATE By striking on line 18 of page 1 "(2)" and inserting in its place "(1)". By inserting on line 24 of page 1 after "any." the following: Winnings are limited to $500.00 per person per 24 hour time period. By striking on line 25 of page 1 "nonprofit, tax-exempt" and inserting in its place "veterans". On the adoption of the amendment, there were no objections, and the Douglas et al. amendment #1 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 E Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance N Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins N Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 49, nays 2. SB 440, having received the requisite constitutional majority, was passed as amended. THURSDAY, FEBRUARY 28, 2008 1257 SB 420. By Senators Pearson of the 51st, Mullis of the 53rd, Williams of the 19th, Rogers of the 21st and Tolleson of the 20th: A BILL to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to exempt the Department of Transportation and its contractors from civil penalties levied for violations; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. The Senate Transportation Committee offered the following substitute to SB 420: A BILL TO BE ENTITLED AN ACT To amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to exempt the Department of Transportation and its contractors from civil penalties levied for violations; 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. Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, is amended by revising Code Section 12-7-15, relating to civil penalties for violating provisions regarding soil erosion and sedimentation, as follows: "12-7-15. Any person who violates any provision of this chapter, the rules and regulations adopted pursuant to this chapter, or any permit condition or limitation established pursuant to this chapter or who negligently or intentionally fails or refuses to comply with any final or emergency order of the director issued as provided in this chapter shall be liable for a civil penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this chapter, notwithstanding any provision in any city charter to the contrary, municipal courts shall be authorized to impose a penalty not to exceed $2,500.00 for each violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations of county ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this chapter under county ordinances approved under this chapter shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which the violation or failure or refusal to comply continues shall be a separate violation. The Department of Transportation or any contractor working under a contract for such department shall not be assessed any civil penalties under the 1258 JOURNAL OF THE SENATE provisions of this Code section; provided, however, nothing in this chapter shall diminish the property rights of any landowner adversely affected by construction activity of the Department of Transportation." SECTION 2. Said chapter is further amended by revising paragraph (9) of Code Section 12-7-17, relating to exemptions from the provisions governing soil erosion and sedimentation, as follows: "(9) Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of the Department of Transportation or the State Road and Tollway Authority which disturb one or more contiguous acres of land shall be subject to the provisions of Code Section 12-7-7.1; except where the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the local issuing authority, the local issuing authority shall enforce compliance with the minimum requirements set forth in Code Section 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; provided, further, that the Department of Transportation or any contractor working under a contract for such department shall not be assessed civil penalties under Code Section 12-7-15;" SECTION 3. This Act shall become effective on July 1, 2008, and apply to any proceeding initiated on or after that date. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Harp of the 29th offered the following amendment #1: Amend the committee substitute to SB 420 by striking at page 1 line 24 "or any contractor working under a contract for the department" and at page 2 line 20. Senator Harp of the 29th asked unanimous consent that his amendment #1 be withdrawn. The consent was granted, and the Harp amendment #1 to the committee substitute was withdrawn. THURSDAY, FEBRUARY 28, 2008 1259 Senators Meyer von Bremen of the 12th, Harp of the 29th and Pearson of the 51st offered the following amendment #2: Amend the Senate Transportation Committee substitute to SB 420 by substituting "To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to exempt the Department of Transportation from civil penalties levied for violations; to" for "To" on line 1 of page 1. By deleting "and its contractors" on line 3 on page 1. By adding a new section between lines 5 and 6 on page 1 to read as follows: SECTION .1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by revising subsection (a) of Code Section 12-5-52, relating to civil penalties for violating provisions regarding water resources, as follows: "(a) Any person violating any provision of this article or any permit condition or limitation established pursuant to this article or, negligently or intentionally, failing or refusing to comply with any final or emergency order of the director issued as provided in this article, shall be liable to a civil penalty not to exceed $50,000.00 per day for each day during which such violation continues; provided, however, that a separate and later incident creating a violation within a 12 month period shall be liable for a civil penalty not to exceed $100,000.00 per day for each day during which such violation continues. The Department of Transportation shall not be assessed any civil penalties under the provisions of this Code section; provided, however, nothing in this Code section shall diminish the property rights of any landowner adversely affected by construction activity of the Department of Transportation." By deleting "or any contractor working under a contract for such department" on lines 23 and 24 of page 1. By substituting "Code section" for "chapter" on line 1 on page 2. By deleting "or any contractor working under a contract for such department" on line 20 of page 2. Senator Meyer von Bremen of the 12th asked unanimous consent that amendment #2 be withdrawn. The consent was granted, and the Meyer von Bremen et al. amendment #2 to the committee substitute was withdrawn. On the adoption of the substitute, the yeas were 0, nays 40, and the committee substitute was lost. 1260 JOURNAL OF THE SENATE Senators Pearson of the 51st, Harp of the 29th and Meyer von Bremen of the 12th offered the following substitute to SB 420: 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 exempt the Department of Transportation from civil penalties levied for violations; to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to exempt the Department of Transportation from civil penalties levied for violations; 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. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by revising subsection (a) of Code Section 12-5-52, relating to civil penalties for violating provisions regarding water resources, as follows: "(a) Any person violating any provision of this article or any permit condition or limitation established pursuant to this article or, negligently or intentionally, failing or refusing to comply with any final or emergency order of the director issued as provided in this article, shall be liable to a civil penalty not to exceed $50,000.00 per day for each day during which such violation continues; provided, however, that a separate and later incident creating a violation within a 12 month period shall be liable for a civil penalty not to exceed $100,000.00 per day for each day during which such violation continues. The Department of Transportation shall not be assessed any civil penalties under the provisions of this Code section; provided, however, nothing in this Code section shall diminish the property rights of any landowner adversely affected by construction activity of the Department of Transportation." SECTION 2. Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, is amended by revising Code Section 12-7-15, relating to civil penalties for violating provisions regarding soil erosion and sedimentation, as follows: "12-7-15. (a) Any person who violates any provision of this chapter, the rules and regulations adopted pursuant to this chapter, or any permit condition or limitation established pursuant to this chapter or who negligently or intentionally fails or refuses to comply with any final or emergency order of the director issued as provided in this chapter shall be liable for a civil penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this chapter, notwithstanding any provision in any city THURSDAY, FEBRUARY 28, 2008 1261 charter to the contrary, municipal courts shall be authorized to impose a penalty not to exceed $2,500.00 for each violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations of county ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this chapter under county ordinances approved under this chapter shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which the violation or failure or refusal to comply continues shall be a separate violation. (b) The Department of Transportation shall not be assessed any civil penalties under the provisions of this Code section; provided, however, nothing in this Code section shall diminish the property rights of any landowner adversely affected by construction activity of the Department of Transportation. Nothing in this Code section shall prevent the Department of Transportation from enforcing the provisions of its contracts, particularly with regards to penalties, for noncompliance by contractors." SECTION 3. Said chapter is further amended by revising paragraph (9) of Code Section 12-7-17, relating to exemptions from the provisions governing soil erosion and sedimentation, as follows: "(9) Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of the Department of Transportation or the State Road and Tollway Authority which disturb one or more contiguous acres of land shall be subject to the provisions of Code Section 12-7-7.1; except where the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the local issuing authority, the local issuing authority shall enforce compliance with the minimum requirements set forth in Code Section 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; provided, further, that the Department of Transportation shall not be assessed civil penalties under Code Section 12-7-15; and provided, further, that nothing in this Code section shall prevent the Department of Transportation from enforcing the provisions of its contracts, particularly with regards to penalties, for noncompliance by contractors" SECTION 4. This Act shall become effective on July 1, 2008, and apply to any proceeding initiated on or after that date. 1262 JOURNAL OF THE SENATE SECTION 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the Pearson et al. substitute was adopted. Pursuant to Senate Rule 7-1.6(b), action on SB 420 was suspended, and SB 420 was placed on the Senate General Calendar. Senator Williams of the 19th moved that the Senate adjourn until 9:00 a.m. Friday, February 29, 2008. The motion prevailed, and the President announced the Senate adjourned at 11:50 a.m. FRIDAY, FEBRUARY 29, 2008 1263 Senate Chamber, Atlanta, Georgia Friday, February 29, 2008 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 255. By Representatives Bridges of the 10th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 47-1-20 of the Official Code of Georgia Annotated, relating to definitions, so as to expand the definition of the term "public employment related crime"; to repeal conflicting laws; and for other purposes. HB 393. By Representatives Stephens of the 164th, Williams of the 4th, Tumlin of the 38th, Amerson of the 9th, Shaw of the 176th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for distribution and sale of wine, so as to change certain provisions relating to licensing of farm wineries to engage in retail and wholesale sales, surety bond, and excise taxes; to change certain provisions relating to sale by farm wineries of wines, distilled spirits, and malt beverages on or contiguous to its own premises; to change certain provisions relating to creation of limited exceptions so as to permit direct shipment of wine; to provide for farm winery special order shipping licenses; to regulate direct shipment of wine to consumers by holders of such licenses; to repeal conflicting laws; and for other purposes. 1264 JOURNAL OF THE SENATE HB 544. By Representatives Hembree of the 67th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 33-50-2 of the Official Code of Georgia Annotated, relating to a required license for any multiple employer self-insured health plan to transact business in this state and health plans of municipalities, counties, or other political subdivisions, so as to provide that any plan or arrangement established or maintained by two or more accredited independent nonproprietary institutions of higher education located in this state is not subject to the requirements relating to multiple employer self-insured health plans; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 798. By Representatives Scott of the 153rd, Stephens of the 164th, Parham of the 141st, Carter of the 159th, Gardner of the 57th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the O.C.G.A., the "Georgia Pharmacy Practice Act," so as to provide for registration of any person or entity acting as a pharmacy benefits manager; to provide a short title; to define certain terms; to provide requirements for registration; to provide for the review of contracts; to provide for a fidelity bond; to provide that a pharmacy benefits manager shall not intervene in the delivery of prescriptions; to provide for the dispensing of a substitute prescription drug; to provide that a pharmacy network provider shall be protected in the event of a dispute with a pharmacy benefits manager; to provide the duties of a pharmacy benefits manager; to provide for the dispensation of certain payments; to provide for the protection of certain information; to provide for audits; to provide for contracts; to provide for notification; to provide for penalties for violations; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 887. By Representative Butler of the 18th: A BILL to be entitled an Act to amend Chapter 13 of Title 10 of the Official Code of Georgia Annotated, relating to tobacco product manufacturers, so as to provide for the creation of the Tobacco Prevention Master Settlement Agreement Oversight Committee; to provide for its composition, powers, and duties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. FRIDAY, FEBRUARY 29, 2008 1265 HB 962. By Representatives Freeman of the 140th, Keown of the 173rd, Sims of the 119th, Hembree of the 67th, Williams of the 89th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to require public notice of a budget deficit or irregularities within three business days; to require notification of the superintendent of budget deficits or irregularities identified at the local level; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 978. By Representatives Mills of the 25th and Forster of the 3rd: A BILL to be entitled an Act to amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road for motor vehicles, so as to allow law enforcement officers to seize the vehicles of drivers who are not in the country legally and are involved in a traffic accident; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 983. By Representatives Collins of the 27th, Martin of the 47th, Day of the 163rd, Talton of the 145th, Sellier of the 136th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions for law enforcement officers and agencies, so as to provide for the arrest of certain offenders by out-of-state law enforcement officers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1020. By Representatives Golick of the 34th, Ralston of the 7th and Forster of the 3rd: A BILL to be entitled an Act to restrict access to certain sexually explicit or obscene property or material which is evidence in civil and criminal cases involving minors; to amend Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases; to amend Chapter 18 of Title 50, relating to open records; to provide for controlled access to such property or materials; to provide for penalties; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. 1266 JOURNAL OF THE SENATE HB 1061. By Representatives Stephens of the 164th, Ehrhart of the 36th, Amerson of the 9th, Williams of the 4th, Tumlin of the 38th and others: 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 amend certain provisions relating to special order shipping licenses; to limit the number of cases of wine shipped to any one consumer; to provide for certain taxes to paid by the shipper of the wine; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1121. By Representatives Willard of the 49th, Knox of the 24th, Millar of the 79th, Lindsey of the 54th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to change certain provisions relating to insurance coverage for condominium associations; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1129. By Representatives Lewis of the 15th, Stephens of the 164th, Williams of the 4th, O`Neal of the 146th, Parrish of the 156th and others: 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 taxation, so as to provide for a program of tax refunds for companies creating and expanding certain tourism attractions; to provide for a short title; to define terms; to state legislative findings; to provide for conditions of eligibility and approval by the Department of Economic Development and a local government; to provide for agreements between that department and companies; to provide for regulations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1159. By Representatives Lunsford of the 110th, Richardson of the 19th, Walker of the 107th, Neal of the 1st, Butler of the 18th 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 adoption of a qualified foster child; 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. FRIDAY, FEBRUARY 29, 2008 1267 HB 1201. By Representatives Day of the 163rd, Neal of the 1st and Stephens of the 164th: 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 require permission for use of the Georgia Emergency Management Agencys nomenclature and symbols; to provide a short title; to provide for liabilities and penalties; to provide that a willful violation shall be a misdemeanor; to provide for definitions; 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 534. By Senators Grant of the 25th, Goggans of the 7th, Harp of the 29th, Hill of the 4th and Unterman of the 45th: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental disability services, so as to change certain provisions relating to the community ombudsman program; to provide for duties of the community ombudsman and state ombudsman; to provide for definitions; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 535. By Senators Chance of the 16th, Heath of the 31st, Carter of the 13th and Johnson of the 1st: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to require local school systems to attain and maintain accreditation; to provide for a definition for the term "accreditation"; to provide for the removal of all members of a local board of education of a school system which fails to attain or maintain accreditation; to provide for procedures; to provide for the filling of vacancies; to provide for election of subsequent members; to provide for powers, duties, and authority of the State Board of Education; to provide for applicability of the foregoing with respect to certain local laws and local constitutional amendments; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. 1268 JOURNAL OF THE SENATE SR 1052. By Senators Hawkins of the 49th, Murphy of the 27th, Unterman of the 45th, Pearson of the 51st, Tolleson of the 20th and others: A RESOLUTION urging that the Endangered Species Act of 1973 be amended and congressional House Resolution 3847 be passed; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 1055. By Senators Mullis of the 53rd, Thomas of the 54th and Tate of the 38th: A RESOLUTION honoring the accomplishments of Joel A. Katz and dedicating a road in his honor; and for other purposes. Referred to the Transportation Committee. SR 1056. By Senators Mullis of the 53rd, Smith of the 52nd and Thomas of the 54th: A RESOLUTION urging the Department of Natural Resources to work in conjunction with the Department of Economic Development to study the feasibility of restoring and preserving historic barns; and for other purposes. Referred to the Economic Development Committee. SR 1060. By Senators Mullis of the 53rd, Thomas of the 54th, Tolleson of the 20th, Stoner of the 6th and Pearson of the 51st: A RESOLUTION urging the commissioner of the Department of Transportation to provide a series of reports to the General Assembly; and for other purposes. Referred to the Transportation Committee. The following House legislation was read the first time and referred to committee: HB 255. By Representatives Bridges of the 10th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 47-1-20 of the Official Code of Georgia Annotated, relating to definitions, so as to expand the definition of the term "public employment related crime"; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. FRIDAY, FEBRUARY 29, 2008 1269 HB 393. By Representatives Stephens of the 164th, Williams of the 4th, Tumlin of the 38th, Amerson of the 9th, Shaw of the 176th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for distribution and sale of wine, so as to change certain provisions relating to licensing of farm wineries to engage in retail and wholesale sales, surety bond, and excise taxes; to change certain provisions relating to sale by farm wineries of wines, distilled spirits, and malt beverages on or contiguous to its own premises; to change certain provisions relating to creation of limited exceptions so as to permit direct shipment of wine; to provide for farm winery special order shipping licenses; to regulate direct shipment of wine to consumers by holders of such licenses; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 544. By Representatives Hembree of the 67th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 33-50-2 of the Official Code of Georgia Annotated, relating to a required license for any multiple employer self-insured health plan to transact business in this state and health plans of municipalities, counties, or other political subdivisions, so as to provide that any plan or arrangement established or maintained by two or more accredited independent nonproprietary institutions of higher education located in this state is not subject to the requirements relating to multiple employer self-insured health plans; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 798. By Representatives Scott of the 153rd, Stephens of the 164th, Parham of the 141st, Carter of the 159th, Gardner of the 57th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the O.C.G.A., the "Georgia Pharmacy Practice Act," so as to provide for registration of any person or entity acting as a pharmacy benefits manager; to provide a short title; to define certain terms; to provide requirements for registration; to provide for the review of contracts; to provide for a fidelity bond; to provide that a pharmacy benefits manager shall not intervene in the delivery of prescriptions; to provide for the dispensing of a substitute prescription drug; to provide that a pharmacy network provider shall be protected in the event of a dispute with a pharmacy benefits manager; to provide the duties of a pharmacy benefits 1270 JOURNAL OF THE SENATE manager; to provide for the dispensation of certain payments; to provide for the protection of certain information; to provide for audits; to provide for contracts; to provide for notification; to provide for penalties for violations; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 887. By Representative Butler of the 18th: A BILL to be entitled an Act to amend Chapter 13 of Title 10 of the Official Code of Georgia Annotated, relating to tobacco product manufacturers, so as to provide for the creation of the Tobacco Prevention Master Settlement Agreement Oversight Committee; to provide for its composition, powers, and duties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. HB 962. By Representatives Freeman of the 140th, Keown of the 173rd, Sims of the 119th, Hembree of the 67th, Williams of the 89th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to require public notice of a budget deficit or irregularities within three business days; to require notification of the superintendent of budget deficits or irregularities identified at the local level; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 978. By Representatives Mills of the 25th and Forster of the 3rd: A BILL to be entitled an Act to amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road for motor vehicles, so as to allow law enforcement officers to seize the vehicles of drivers who are not in the country legally and are involved in a traffic accident; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. FRIDAY, FEBRUARY 29, 2008 1271 HB 983. By Representatives Collins of the 27th, Martin of the 47th, Day of the 163rd, Talton of the 145th, Sellier of the 136th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions for law enforcement officers and agencies, so as to provide for the arrest of certain offenders by outof-state law enforcement officers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 1020. By Representatives Golick of the 34th, Ralston of the 7th and Forster of the 3rd: A BILL to be entitled an Act to restrict access to certain sexually explicit or obscene property or material which is evidence in civil and criminal cases involving minors; to amend Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases; to amend Chapter 18 of Title 50, relating to open records; to provide for controlled access to such property or materials; to provide for penalties; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 1061. By Representatives Stephens of the 164th, Ehrhart of the 36th, Amerson of the 9th, Williams of the 4th, Tumlin of the 38th and others: 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 amend certain provisions relating to special order shipping licenses; to limit the number of cases of wine shipped to any one consumer; to provide for certain taxes to paid by the shipper of the wine; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 1121. By Representatives Willard of the 49th, Knox of the 24th, Millar of the 79th, Lindsey of the 54th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to change certain provisions relating to insurance coverage for condominium 1272 JOURNAL OF THE SENATE associations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 1129. By Representatives Lewis of the 15th, Stephens of the 164th, Williams of the 4th, O`Neal of the 146th, Parrish of the 156th and others: 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 taxation, so as to provide for a program of tax refunds for companies creating and expanding certain tourism attractions; to provide for a short title; to define terms; to state legislative findings; to provide for conditions of eligibility and approval by the Department of Economic Development and a local government; to provide for agreements between that department and companies; to provide for regulations; 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 1159. By Representatives Lunsford of the 110th, Richardson of the 19th, Walker of the 107th, Neal of the 1st, Butler of the 18th 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 adoption of a qualified foster child; 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 1201. By Representatives Day of the 163rd, Neal of the 1st and Stephens of the 164th: 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 require permission for use of the Georgia Emergency Management Agencys nomenclature and symbols; to provide a short title; to provide for liabilities and penalties; to provide that a willful violation shall be a misdemeanor; to provide FRIDAY, FEBRUARY 29, 2008 1273 for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Veterans, Military and Homeland Security 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 515 SB 520 SB 522 Do Pass Do Pass Do Pass by substitute 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: SB 426 Do Not Pass SB 427 Do Not Pass Respectfully submitted, Senator Pearson of the 51st 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 498 Do Pass by substitute SB 507 Do Pass SR 345 Do Pass SR 1020 Do Pass Respectfully submitted, Senator Thomas of the 54th District, Chairman 1274 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: SB 438 SB 459 Do Pass by substitute Do Pass by substitute 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: HB 358 SB 163 SB 460 Do Pass Do Pass by substitute 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 403 Pursuant to Senate Rule 2-1.10(b), referred by the Senate Rules Committee to the Senate Insurance and Labor Committee from the General Calendar. Respectfully submitted, Senator Balfour of the 9th District, Chairman Mr. President: The Special Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 482 Do Pass by substitute FRIDAY, FEBRUARY 29, 2008 1275 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 776 HB 857 SR 515 Do Pass Do Pass Do Pass by substitute Respectfully submitted, Senator Wiles of the 37th District, Chairman The following legislation was read the second time: HB 1014 SB 389 SB 396 SB 424 SB 425 SB 449 SB 453 SB 468 SB 470 SB 471 SB 472 SB 476 SB 479 SB 483 SB 485 SB 493 SB 499 SB 525 SR 996 The following Senators were excused for business outside the Senate Chamber: Thomas of the 2nd Weber of the 40th Thompson of the 5th Tolleson of the 20th The roll was called and the following Senators answered to their names: Adelman Balfour Brown Bulloch Butler Carter Chance Chapman Cowsert Davenport Douglas Goggans Golden Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Jones Me V Bremen Moody Mullis Ramsey Reed Rogers Schaefer Seabaugh Seay Smith Staton Stoner Tarver Tate Thomas,D Thompson,S 1276 JOURNAL OF THE SENATE Grant Hamrick Harbison Murphy Pearson Powell Unterman Wiles Williams Not answering were Senators: Fort Shafer Tolleson (Excused) Johnson Thomas, R. (Excused) Weber (Excused) Orrock Thompson, C. (Excused) Senator Johnson 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 Golden of the 8th introduced the chaplain of the day, Reverend Willie Beasley of Valdosta, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 1053. By Senators Smith of the 52nd, Mullis of the 53rd, Thomas of the 54th, Schaefer of the 50th, Rogers of the 21st and others: A RESOLUTION declaring November 4, 2008, as Take Your Kids to Vote Day in Georgia; and for other purposes. SR 1054. By Senators Stoner of the 6th, Hill of the 32nd, Thompson of the 33rd, Wiles of the 37th and Rogers of the 21st: A RESOLUTION commending William Travis Duke; and for other purposes. SR 1057. By Senator Johnson of the 1st: A RESOLUTION recognizing and commending Katryna McCann; and for other purposes. SR 1058. By Senators Harp of the 29th and Harbison of the 15th: A RESOLUTION recognizing and commending the Greater Columbus Georgia Chamber of Commerce on being the first chamber in Georgia to receive a 5-Star Accreditation from the U.S. Chamber of Commerce; and for other purposes. FRIDAY, FEBRUARY 29, 2008 1277 SR 1059. By Senators Harp of the 29th and Harbison of the 15th: A RESOLUTION recognizing March 12, 2008, as Columbus, Georgia Day at the Capitol; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Friday, February 29, 2008 Twenty-sixth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 776 Smith of the 52nd FLOYD COUNTY A BILL to be entitled an Act to amend an Act providing for the filling of vacancies in the membership of the Hospital Authority of Floyd County, approved March 1, 1973 (Ga. L. 1973, p. 2057), as amended, so as to change certain provisions relating to the manner of filling such vacancies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 857 Powell of the 23rd WASHINGTON COUNTY A BILL to be entitled an Act to amend an Act placing the Sheriff of Washington County upon an annual salary in lieu of the fee system of compensation, approved March 12, 1965 (Ga. L. 1965, p. 2395), as amended, so as to change the compensation of the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 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 Heath Y Henson Y Hill,Jack Y Schaefer Y Seabaugh Y Seay 1278 JOURNAL OF THE SENATE Y Bulloch Y Butler Y Carter Y Chance Chapman Y Cowsert Y Davenport Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Me V Bremen Y Moody Y Mullis Y Murphy Orrock Pearson Y Powell Y Ramsey Reed Rogers Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D E Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the local legislation, the yeas were 45, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Stoner of the 6th Senator Seay of the 34th asked unanimous consent that Senator Reed of the 35th be excused. The consent was granted, and Senator Reed was excused. SB 348 SB 397 SB 488 SENATE RULES CALENDAR FRIDAY, FEBRUARY 29, 2008 TWENTY-SIXTH LEGISLATIVE DAY Insurance; imposition of fees/taxes for services provided by counties/municipal; contravention of public policy (Substitute)(I&L-47th) Bonds; issuance/validation; change certain provisions (FIN-11th) Drivers' Licenses; allow foreign nationals to keep license from their home country; exempt nonresidents; meet all licensing requirements in Georgia (Substitute)(PUB SAF-21st) FRIDAY, FEBRUARY 29, 2008 1279 SB 492 HOPE scholarships; add accrediting entity to the definition of the term eligible high school (Substitute)(H ED-11th) SB 496 Mortgage Businesses; prohibit soliciting or facilitating fraudulent appraisal of value of property offered as security for mortgage/loan (S JUDY-38th) SB 506 SHAPE Act; require local school systems to conduct physical fitness testing of students; state physical education instruction requirements (Substitute)(ED&Y-13th) SB 512 Education; provide grants to North Georgia College students who accept a military commission (Substitute)(VM&HS-17th) SB 420 Soil Erosion/Sedimentation; Dept. of Transportation/its contractors; exempt from civil penalties levied for violations (Floor Substitute)(TRANS-51st) 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 348. By Senators Hudgens of the 47th and Rogers of the 21st: A BILL to be entitled an Act to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes regarding insurance, so as to provide that the imposition of any fees or taxes for services provided by counties or municipal corporations upon insurance companies is in contravention of public policy; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Insurance and Labor Committee offered the following substitute to SB 348: A BILL TO BE ENTITLED AN ACT To amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes regarding insurance, so as to provide that the imposition of any fees or taxes for services provided by counties or municipal corporations upon insurance companies is in contravention of public policy; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 1280 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes regarding insurance, is amended by revising Code Section 33-8-8.2, relating to county and municipal corporation taxes on other than life insurance companies, by adding a new subsection (e) to read as follows: "(e) It shall be in contravention of public policy for a county or a municipal corporation that levies taxes for county or municipal purposes on foreign, alien, and domestic insurance companies doing business in this state, as provided in subsection (a) of this Code section, to impose additional taxes or any other fees of any kind for services provided by such county or municipal corporation to such insurance companies for accidents involving motor vehicles except for the following: (1) Where the coverage for such services is expressly provided by an insurance company to the insured and the services are lawfully billed to the insured; (2) Where emergency medical services are provided to the insured by the county or municipal corporation, whenever the insureds medical insurance covers the services provided and the insured assigns the right to collect to the service provider; or (3) Where other services are provided to the insured by the county or municipal corporation which are expressly authorized by state or federal law to be billed directly to an insurance company." 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, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown N Bulloch Y Butler Y Carter Chance Y Heath Y Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Jackson Y Schaefer Y Seabaugh N Seay Shafer,D Y Smith Y Staton E Stoner FRIDAY, FEBRUARY 29, 2008 1281 Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick N Harbison Y Harp N Hawkins Y Johnson Y Jones N Me V Bremen Y Moody N Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Tarver Y Tate Y Thomas,D E Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 40, nays 8. SB 348, having received the requisite constitutional majority, was passed by substitute. SB 397. By Senators Bulloch of the 11th, Staton of the 18th and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Code Section 8-3-35 of the Official Code of Georgia Annotated, relating to powers of housing authorities and issuance of bonds, so as to change certain provisions regarding bond issuance and validation; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas,D E Thomas,R Y Thompson,C 1282 JOURNAL OF THE SENATE Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Thompson,S E Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. SB 397, having received the requisite constitutional majority, was passed. SB 488. By Senators Rogers of the 21st, Pearson of the 51st, Orrock of the 36th, Adelman of the 42nd and Hill of the 32nd: 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 allow foreign nationals to keep their license from their home country; to exempt nonresidents from getting a Georgia license as long as they meet all licensing requirements in Georgia except for residency; to provide that verification of lawful presence in the United States is necessary to receive a temporary drivers license; to provide that the maximum term of a temporary license is three years; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Public Safety Committee offered the following substitute to SB 488: 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 allow foreign nationals to keep their license from their home country; to exempt nonresidents from getting a Georgia license as long as they meet all licensing requirements in Georgia except for residency; to provide that certain foreign nationals also have in their immediate possession an international driving permit; to provide that verification of lawful presence in the United States is necessary to receive a temporary drivers license; to provide that the maximum term of a temporary license is three years; to provide for retention of personal identification cards by noncitizens in certain circumstances; 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: FRIDAY, FEBRUARY 29, 2008 1283 SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, is amended by revising subsection (c) of Code Section 40-5-20, relating to the requirement to have a license, as follows: "(c)(1) Except as provided in paragraph (2) of this subsection and in Code Section 40-5-32, no No person shall receive a drivers license unless and until such person surrenders to the department all valid licenses in such persons possession issued to him or her by this or any other jurisdiction, except as otherwise provided by Code Section 40-5-32. All surrendered licenses issued by another jurisdiction shall be destroyed. The license information shall be forwarded to the previous jurisdiction. No person shall be permitted to have more than one valid drivers license at any time. (2) Any noncitizen who is eligible for issuance of a drivers license pursuant to the requirements of this chapter may be issued a drivers license without surrendering any drivers license previously issued to him or her by any foreign jurisdiction. This exemption shall not apply to a person who is applying for a commercial drivers license or who is required to terminate any previously issued drivers license pursuant to federal law. The department shall make a notation on the driving record of any person who retains a foreign drivers license, and this information shall be made available to law enforcement officers and agencies on such persons driving record through the Georgia Crime Information Center." SECTION 2. Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section 40-5-21, relating to exemptions from the requirements of obtaining a Georgia drivers license, as follows: "(2) A nonresident who is at least 16 years of age and who has in his or her immediate possession a valid drivers license issued to him or her in his or her home state or country; provided, however, that any restrictions which would apply to such person would otherwise satisfy all requirements to receive a Georgia drivers license as a matter of law would apply to the privilege afforded to the out-of-state license and, if such nonresident drivers license is in a language other than English, the nonresident also has in his or her immediate possession a valid international driving permit which conforms to and has been issued in accordance with the provisions of the Convention on Road Traffic, 3 U.S.T. 3008, TIAS 2487, or any similar such treaty, international agreement, or reciprocal agreement between the United States and a foreign nation concerning driving privileges of nonresidents;" SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 40-5-21.1, relating to temporary licenses, permits, or special identification cards, as follows: "(a) Notwithstanding any other provision of this title, an applicant who presents in person valid documentary evidence of: (1) Admission to the United States in a valid, unexpired nonimmigrant status; 1284 JOURNAL OF THE SENATE (2) A pending or approved application for asylum in the United States; (3) Admission into the United States in refugee status; (4) An approved application for temporary protected status in the United States; (5) Approved deferred action status; or (6) Other federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law; or (7) Verification of lawful presence as provided by Code Section 40-5-21.2 may be issued a temporary license, permit, or special identification card. Such temporary license, permit, or special identification card shall be valid only during the period of time of the applicants authorized stay in the United States or three years, whichever occurs first." SECTION 4. Said chapter is further amended by revising subsection (c) and adding a new subsection to Code Section 40-5-100, relating to personal identification cards, as follows: "(c)(1) No person may possess more than one identification card issued pursuant to this Code section; provided, however, that this subsection shall not be construed to prevent a resident of this state who possesses a drivers license from also possessing an identification card issued under this article. (2) Except as provided in paragraph (3) of this subsection, each Each applicant for an identification card shall surrender any identification card or drivers license previously issued by any other state and any identification card previously issued by this state. (3)(A) Any noncitizen who is eligible for issuance of an identification card pursuant to the requirements of this chapter may be issued an identification card without surrendering any drivers license or identification card previously issued to him or her by any foreign jurisdiction. This exemption shall not apply to a person who is required to terminate any previously issued identification card pursuant to federal law. (B) The department shall make a notation on the driving record of any person who retains a foreign identification card or drivers license, and this information shall be made available to law enforcement officers and agencies on such persons driving record through the Georgia Crime Information Center. (4) Willful failure to surrender any such previous drivers license or personal identification card upon application for a new personal identification card will be considered an act of fraud and upon conviction be punished as provided for in Code Section 40-5-125. (d) An application for identification card renewal may be submitted by: (1) Personal appearance before the department; or (2) Subject to rules or regulations of the department which shall be consistent with considerations of public safety and efficiency of service to customers, means other than such personal appearance which may include without limitation by mail or FRIDAY, FEBRUARY 29, 2008 1285 electronically. The department may by such rules or regulations exempt persons renewing identification cards under this paragraph from the surrender requirement in 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. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas,D E Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. SB 488, having received the requisite constitutional majority, was passed by substitute. 1286 JOURNAL OF THE SENATE Senator Henson of the 41st introduced the doctor of the day, Dr. John Heller. The Calendar was resumed. SB 492. By Senators Bulloch of the 11th and Harp of the 29th: A BILL to be entitled an Act to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to add an additional accrediting entity to the definition of the term "eligible high school"; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Higher Education Committee offered the following substitute to SB 492: A BILL TO BE ENTITLED AN ACT To amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to add an additional accrediting entity to the definition of the term "eligible high school"; to amend Code Sections 20-3-519.2 and 20-3-519.3 of the Official Code of Georgia Annotated, relating to eligibility requirements for a HOPE scholarship at a public or private postsecondary institution, so as to provide that postsecondary level course hours taken prior to high school graduation will count towards hourly caps under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, is amended by revising paragraph (6) as follows: "(6) 'Eligible high school' means a public or private secondary school which is: (A) Located in Georgia and accredited as such by: (i) The Southern Association of Colleges and Schools; (ii) The Georgia Accrediting Commission; (iii) The Georgia Association of Christian Schools; (iv) The Association of Christian Schools International; (v) The Georgia Private School Accreditation Council; (vi) The Accrediting Commission for Independent Study; or (vii) The Southern Association of Independent Schools; or (B) Located in another state and accredited by one of the following regional or state accrediting entities agencies: FRIDAY, FEBRUARY 29, 2008 (i) The Southern Association of Colleges and Schools; (ii) The New England Association of Schools and Colleges; (iii) The Middle States Association of Colleges and Schools; (iv) The North Central Association of Colleges and Schools; (v) The Northwestern Association of Schools and Colleges; (vi) The Western Association of Schools and Colleges; (vii) The Alabama Independent School Association; or (viii) The Southern Association of Independent Schools; or (ix) The Florida Council of Independent Schools." 1287 SECTION 2. Code Section 20-3-519.2 of the Official Code of Georgia Annotated, relating to eligibility requirements for a HOPE scholarship at a public postsecondary institution, is amended by adding a new paragraph to the end of subsection (g) to read as follows: "(3) Notwithstanding anything herein to the contrary, attempted hours shall include all postsecondary level course hours taken prior to high school graduation if such student does not qualify for the HOPE scholarship as an entering freshman based solely on his or her grade point average. As used in this paragraph, the term 'postsecondary level course hours' means hours accepted by the students eligible postsecondary institution for credit when the student enters as a freshman." SECTION 3. Code Section 20-3-519.3 of the Official Code of Georgia Annotated, relating to eligibility requirements for a HOPE scholarship at a private postsecondary institution, is amended by adding a new paragraph to the end of subsection (f) to read as follows: "(3) Notwithstanding anything herein to the contrary, attempted hours shall include all postsecondary level course hours taken prior to high school graduation if such student does not qualify for the HOPE scholarship as an entering freshman based solely on his or her grade point average. As used in this paragraph, the term 'postsecondary level course hours' means hours accepted by the students eligible postsecondary institution for credit when the student enters as a freshman." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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. 1288 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D E Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 1. SB 492, having received the requisite constitutional majority, was passed by substitute. Senator Moody of the 56th was excused for business outside the Senate Chamber. SB 496. By Senators Tate of the 38th, Hooks of the 14th, Thompson of the 33rd, Shafer of the 48th, Orrock of the 36th and others: A BILL to be entitled an Act to amend Code Section 7-1-1013 of the Official Code of Georgia Annotated, relating to prohibition of certain acts by persons involved in transacting a mortgage business, so as to provide that it shall be prohibited to solicit or otherwise facilitate the fraudulent appraisal of the value of property offered as security for a mortgage or loan; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: FRIDAY, FEBRUARY 29, 2008 1289 Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen E Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D E Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. SB 496, having received the requisite constitutional majority, was passed. Senator Tarver of the 22nd was excused for business outside the Senate Chamber. SB 506. By Senators Carter of the 13th, Thomas of the 54th, Seay of the 34th, Rogers of the 21st, Hill of the 32nd 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 the health of students in elementary and secondary education, so as to enact the "Student Health and Physical Education Act"; to require local school systems to conduct physical fitness testing of students and to comply with state physical education instruction requirements; to provide for aggregate reporting of data; to provide for public inspection of such data; to establish a position within the Department of Education to coordinate activities relating to physical education; to designate unhealthy school systems under certain conditions; to provide for a recognition program established by the Governor to acknowledge healthy school systems and schools; 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 506: 1290 JOURNAL OF THE SENATE 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 the health of students in elementary and secondary education, so as to enact the "Student Health and Physical Education Act"; to require local school systems to conduct physical fitness testing of students and to comply with state physical education instruction requirements; to provide for aggregate reporting of data; to provide for public inspection of such data; to establish a position within the Department of Education to coordinate activities relating to physical education; to designate unhealthy school systems under certain conditions; to provide for a recognition program established by the Governor to acknowledge healthy school systems and schools; 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 at the "Student Health and Physical Education Act" or "SHAPE Act." SECTION 2. Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the health of students in elementary and secondary education, is amended by adding new a Code section to read as follows: "20-2-775. (a)(1) Beginning in the 2008-2009 school year, each local school system shall conduct confidential body mass index testing of each student two times each school year, once during the fall and once during the spring. Each local school system shall report the aggregated results of the body mass index testing of its students by school to the coordinator designated in subsection (b) of this Code section two times each school year in accordance with a schedule established by the State Board of Education. A local school system shall make a students individual body mass index data available only to such students parent or guardian, upon request. (2) Each local school system shall be required to provide at least the minimum instruction in physical education prescribed by the state board in rules and regulations established pursuant to subsection (c) of Code Section 20-2-142. (b) The state board shall designate a position in the Department of Education, staffed by a person certified in physical education, to coordinate physical education and fitness activities and requirements. In addition to any other duties and functions assigned by the state board, such coordinator shall specifically be charged with implementing the provisions of this Code section. The coordinator shall collect and disseminate to local school systems best practices in the areas of student health and physical education. The coordinator shall be acknowledged publicly to allow for ease of parent and public FRIDAY, FEBRUARY 29, 2008 1291 contact and information sharing. This position may be supported with state, federal, or private funding or a combination thereof. (c) The state board, through the coordinator designated pursuant to subsection (b) of this Code section, shall collect the aggregated data submitted by local school systems pursuant to subsection (a) of this Code section and quantify the health status of each local school system. The department shall include the aggregated data and the health status of each local school system and its schools on its website for public inspection. A local school system which does not submit the data required in subsection (a) of this Code section or does not provide at least the minimum instruction in physical education referenced in paragraph (2) of subsection (a) of this Code section shall be designated by the state board as an 'unhealthy school zone' or similar designation. (d) The state board shall submit an annual report to the Governor, beginning July 1, 2009, and annually thereafter. Such report shall include the health status of each local school system and each school. The Governor may establish one or more recognition programs to acknowledge local school systems and schools which have most improved their health status. The Governor may collaborate with private corporations in the development and implementation of recognition programs pursuant to this subsection, including providing monetary or other incentives to school systems or schools for attaining certain levels of health status." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance N Chapman N Cowsert Y Davenport N Douglas Y Fort Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks N Hudgens N Jackson Y Johnson Y Jones Y Me V Bremen Y Moody N Mullis N Schaefer N Seabaugh Y Seay Y Shafer,D N Smith Y Staton Y Stoner E Tarver Y Tate Y Thomas,D E Thomas,R Y Thompson,C 1292 JOURNAL OF THE SENATE Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins N Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Thompson,S E Tolleson Y Unterman E Weber N Wiles Y Williams On the passage of the bill, the yeas were 37, nays 13. SB 506, having received the requisite constitutional majority, was passed by substitute. Senator Murphy of the 27th recognized Sergeant Rich Parham and Georgia State Troopers. SB 512. By Senators Douglas of the 17th, Pearson of the 51st, Harp of the 29th, Murphy of the 27th and Schaefer of the 50th: 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 grants to students attending North Georgia College who accept a military commission; to provide for legislative findings; to provide for a definition; to provide for the amount of the grant; to provide for application for grants, certification of eligibility, and refunds; to provide for a pro rata reduction when funds are insufficient; to provide for audits of the college; to provide for a penalty for false statements; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Veterans, Military and Homeland Security Committee offered the following substitute to SB 512: 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 grants to students attending North Georgia College and State University who accept a military commission; to provide for legislative findings; to provide for a definition; to provide for the amount of the grant; to provide for application for grants, certification of eligibility, and refunds; to provide for a pro rata reduction when funds are insufficient; to provide for audits of the college; to provide for a penalty for false statements; to provide for related matters; to repeal conflicting laws; and for other purposes. FRIDAY, FEBRUARY 29, 2008 1293 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, is amended by adding a new subpart to read as follows: "Subpart 6A 20-3-440. The General Assembly finds that it is essential for the national defense that persons be encouraged to consider military leadership positions as an honorable and rewarding profession and that North Georgia College and State University, Georgias only state supported military college, plays a significant role in preparing and training students for professional life in the military as a profession. It is the purpose of the General Assembly, as provided for in this subpart, to encourage students to enroll in North Georgia College and State University and its military training program and to encourage such students to accept military commissions by providing for tuition grant assistance to such students. 20-3-441. For purposes of this subpart, the term 'eligible student' shall mean a person who: (1) Is enrolled in or accepted for enrollment in North Georgia College and State University for a minimum of 12 academic hours; (2) Is or will be a citizen of this state for a period of at least 12 months immediately prior to the date of registration therein; (3) Is enrolled in or plans to enroll in the Army Reserve Officers Training Corps program at North Georgia College and State University; and (4) Has signed a contract to accept a commission, to be effective upon graduation, no later than the end of the students junior year as an officer in the Army, Army Reserve, or Army National Guard. 20-3-442. There is granted to each eligible student attending North Georgia College and State University the sum of $1,500.00 per academic semester. 20-3-443. Each eligible student wishing to receive the grant provided for in this subpart shall submit to North Georgia College and State University an application for the grant payment at the time and in accordance with procedures prescribed by the authority. The authority is authorized to define such terms and prescribe such rules, regulations, and procedures as may be reasonable and necessary to carry out the purposes of this subpart. The authority shall not approve payment of any grant until it has received 1294 JOURNAL OF THE SENATE from an appropriate officer of North Georgia College and State University a certification that the student applying for the grant is an eligible student. Upon timely receipt of such certification, in proper form, the authority is authorized to pay the grant to North Georgia College and State University on behalf of and to the credit of the student. In the event a student on whose behalf a grant is paid shall not enroll as a fulltime student for the school term for which the grant is paid, North Georgia College and State University shall make a refund to the authority in accordance with regulations of the authority. 20-3-444. In the event funds available to the authority are not sufficient to enable the authority to pay on behalf of eligible students the full grant prescribed by the General Assembly, grants payable for the remaining school terms shall be reduced by the authority on a pro rata basis. 20-3-445. North Georgia College and State University shall be subject to examination by the state auditor for the sole purpose of determining whether the school has properly certified eligibility and enrollment of students and credited grants paid on behalf of such students. However, nothing in this subpart shall be construed to interfere with the authority of the school to determine admissibility of students or to control its own curriculum, philosophy, purpose, or administration. In the event it is determined that the school knowingly or through error certified an ineligible student to be eligible for a grant under this subpart, the amount of the grant paid to the school pursuant to such certification shall be refunded by the school to the authority. 20-3-446. Any person who knowingly makes or furnishes any false statement or misrepresentation or who accepts such statement or misrepresentation knowing it to be false for the purpose of enabling an ineligible student to obtain wrongfully a grant under this subpart shall be guilty of a misdemeanor." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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: FRIDAY, FEBRUARY 29, 2008 1295 Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner E Tarver Y Tate Y Thomas,D E Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 512, having received the requisite constitutional majority, was passed by substitute. SB 420. By Senators Pearson of the 51st, Mullis of the 53rd, Williams of the 19th, Rogers of the 21st and Tolleson of the 20th: A BILL to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to exempt the Department of Transportation and its contractors from civil penalties levied for violations; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. Pursuant to Senate Rule 7-1.6(b), final passage of SB 420 was suspended on Thursday, February 28, 2008, due to the adoption of the Pearson et al. floor substitute. The Pearson et al. floor substitute to SB 420 (LC 34 1725S) which can be found in the Senate Journal on Thursday, February 28, 2008 was automatically reconsidered and put upon its adoption. Senators Pearson of the 51st, Meyer von Bremen of the 12th and Harp of the 29th offered the following amendment #1: 1296 JOURNAL OF THE SENATE Amend the floor substitute (LC 34 1725S) to SB 420 by striking "Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to exempt the Department of Transportation from civil penalties levied for violations; to" on lines 1 through 3 of page 1. By deleting Section 1 in its entirety. By redesignating Sections 2, 3, 4, and 5 as Section 1, 2, 3, and 4, respectively. On the adoption of the amendment, there were no objections, and the Pearson et al. amendment #1 to the Pearson et al. substitute was adopted. On the adoption of the substitute, there were no objections, and the Pearson et al. substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to by substitute. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Carter Y Chance N Chapman Y Cowsert Y Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D N Smith Y Staton Y Stoner E Tarver N Tate Y Thomas,D E Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 43, nays 6. SB 420, having received the requisite constitutional majority, was passed by substitute. FRIDAY, FEBRUARY 29, 2008 1297 Senator Williams of the 19th moved that the Senate stand adjourned pursuant to SR 981 until 10:00 a.m. Tuesday, March 4, 2008; the motion prevailed, and at 11:16 a.m. the President announced the Senate adjourned. 1298 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, March 4, 2008 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 68. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to applicability of the Coastal Marshlands Protection Act, so as to provide an exemption for a single private dock built by the owners of two or three adjoining lots; to repeal conflicting laws; and for other purposes. HB 237. By Representatives Martin of the 47th, Stephens of the 164th, Lewis of the 15th, Watson of the 91st, Royal of the 171st and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change certain provisions regarding exemptions with respect to the sale of certain manufacturing machinery, certain primary handling equipment, certain aircraft machinery or equipment, certain parts, machinery clothing, molds, dies, or tooling, and certain air or water pollution eliminating machinery and equipment; to provide an effective date; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 4, 2008 1299 HB 649. HB 851. By Representatives Smith of the 168th, Williams of the 178th, Lane of the 167th, Sims of the 169th, Shaw of the 176th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, 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 an audit; 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 Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Peake of the 137th, Martin of the 47th, Royal of the 171st, Stephens of the 164th, Parrish of the 156th and others: A BILL to be entitled an Act to amend Code Section 48-7-29.8 of the Official Code of Georgia Annotated, relating to income tax credits for the certified rehabilitation of historic structures, so as to change the method of calculation of the tax credit; to remove the cap on the amount of credits; to authorize the transfer or assignment of tax credits under certain circumstances; to provide that proceeds received by the taxpayer for the assignment or sale of tax credits shall be exempt from taxation as income; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 1329. By Representatives Lane of the 158th and Stephens of the 164th: A BILL to be entitled an Act to create the Bryan County Water and Sewer Authority; to provide a short title; to provide for definitions; to provide for the appointment of members of the board; to provide for organization and rules; to provide for powers and duties; to provide for financing of projects; to provide for revenue bonds; to provide for trust indentures and sinking funds; to provide for jurisdiction, venue, and remedies; to provide for validation; to provide for certain trust funds; to provide for audits; to provide for immunity; to provide for rules and regulations; to provide for construction; to provide for supplemental powers; to provide for other related matters; to repeal conflicting laws; and for other purposes. 1300 JOURNAL OF THE SENATE HB 1330. By Representatives Golick of the 34th, Tumlin of the 38th, Dollar of the 45th, Ehrhart of the 36th, Teilhet of the 40th and others: 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), so as to provide for an increase in the debt limit for the issuance of negotiable bonds; to repeal conflicting laws; and for other purposes. HB 1340. By Representatives Channell of the 116th and Fleming of the 117th: A BILL to be entitled an Act to amend an Act relating to the filling of vacancies on the board of the Hospital Authority of Wilkes County, approved April 4, 1997 (Ga. L. 1997, p. 3960), so as to change the method of filling vacancies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1347. By Representatives Tumlin of the 38th, Teilhet of the 40th, Wix of the 33rd, Morgan of the 39th, Golick of the 34th 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. The following Senate legislation was introduced, read the first time and referred to committee: SB 536. By Senator Smith of the 52nd: A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, so as to clarify venue for prosecution; to reorganize certain provisions of the article; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. TUESDAY, MARCH 4, 2008 1301 SB 537. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to establish the Office of State Inspector General; to provide for definitions; to provide for duties; to provide certain powers; to provide procedures for the application of the duties and powers of such office; to provide a duty to report certain actions; to provide for records; to provide for procedures regarding such records; to provide for an automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. SB 538. By Senators Powell of the 23rd, Jackson of the 24th, Tarver of the 22nd, Adelman of the 42nd, Jones of the 10th and others: 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 ad valorem tax exemptions, so as to provide a homestead exemption for the full value of the homestead for certain senior citizens with respect to all ad valorem taxes for educational purposes; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; 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 539. By Senators Thomas of the 54th, Carter of the 13th, Unterman of the 45th and Goggans of the 7th: A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, so as to exempt continuing care retirement communities from certificate of need requirements under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 540. By Senators Staton of the 18th, Rogers of the 21st, Heath of the 31st and Douglas of the 17th: A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 13 of 1302 JOURNAL OF THE SENATE Title 9 of the Official Code of Georgia Annotated, relating to advertisement of legal notices, so as to provide that, on and after January 1, 2009, in order to be a legal organ, a newspaper shall agree to participate in and participate in a joint legal organ Internet website that contains all legal notices in a searchable format; to provide for the requirements of such website; to provide for the posting of certain other notices; to provide that notices that are required by law to be published but are not required by law to be published in a legal organ may be published on such website and such publication shall be sufficient under law; 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 541. By Senators Chance of the 16th, Staton of the 18th, Rogers of the 21st and Shafer of the 48th: A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for guaranteed asset protection waivers; to provide for legislative intent; to provide for scope; to provide for purposes; to provide for definitions; to provide for requirements for offering; to provide for contractual liability or other insurance policies; to provide for disclosures; to provide for cancellation; to provide for exempted commercial transactions; to provide for; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. SB 542. By Senators Heath of the 31st, Johnson of the 1st, Williams of the 19th, Harp of the 29th, Balfour of the 9th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions concerning military, emergency, and veterans affairs, so as to authorize the creation of implementing local redevelopment authorities under certain circumstances; to confer powers and impose duties on such authorities; to provide for the membership and the appointment of members of such authorities 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 liberal TUESDAY, MARCH 4, 2008 1303 construction; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. SB 543. By Senator Schaefer of the 50th: A BILL to be entitled an Act to amend an Act to incorporate the City of Clayton, in Rabun County, approved August 17, 1909 (Ga. L. 1909, p. 600), as amended, so as to provide for special and emergency meetings of the mayor and council and notice of same; to provide for the appointment, term, compensation, and duties of certain officers of the city; to provide for the exercise of the veto power by the mayor and the override of vetoes by the city council; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 544. By Senator Douglas of the 17th: A BILL to be entitled an Act to provide a homestead exemption from Newton County ad valorem taxes for maintenance and operation of facilities of the county in the amount of $30,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or older and whose 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. SB 545. By Senators Fort of the 39th and Orrock of the 36th: A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury generally, so as to include title pawn transactions; to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to change the laws relating to pawnbrokers; to change definitions; to provide for different treatment of title pawn transactions; to provide for reductions in interest and fees for title pawn transactions; to provide for notice; to provide for criminal and civil penalties; to change provisions relating to pawnbrokers liens; to provide for related 1304 JOURNAL OF THE SENATE matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. SB 546. By Senators Orrock of the 36th, Fort of the 39th and Douglas of the 17th: 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 designate "Alzheimers Awareness Day"; to amend Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, so as to provide for minimum dementia-specific training requirements for employees and independent contractors who are involved in the delivery of care to persons with Alzheimers disease or Alzheimers related dementia; to establish the State Alzheimers Disease Commission; to provide for its membership and duties; to provide for an annual report; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 547. By Senator Chance of the 16th: A BILL to be entitled an Act to amend Article 9 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Brain and Spinal Injury Trust Fund, so as to expand the Brain and Spinal Injury Trust Fund provisions under the Constitution of Georgia to authorize additional penalty assessments for additional violations; to provide for effective date and applicability; to provide for related matters, to repeal conflicting laws, and for other purposes. Referred to the Judiciary Committee. SB 548. By Senator Seabaugh of the 28th: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to prohibit the use of state funds by purchase orders, government contracts, credits cards, charge cards, or debit cards, or other such payment vehicles for personal benefit or gain; to provide for penalties; to amend Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to reimbursements for public officers and employees, so as to prohibit state officers and employees from misappropriating advances of public funds, submitting fraudulent reimbursement requests, or approving fraudulent TUESDAY, MARCH 4, 2008 1305 reimbursement requests; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. SR 1061. By Senators Jackson of the 24th, Powell of the 23rd and Grant of the 25th: A RESOLUTION celebrating the life of James Roy "Pop" Lewis and dedicating a highway in his memory; and for other purposes. Referred to the Transportation Committee. SR 1063. By Senator Johnson of the 1st: A RESOLUTION urging the Georgia Environmental Protection Division to implement a new water quality standard for the Savannah Harbor based on sound science that is economically achievable; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 1069. By Senator Pearson of the 51st: A RESOLUTION honoring the ultimate sacrifice of PFC David G. Bryan and dedicating a road in his honor; and for other purposes. Referred to the Transportation Committee. SR 1071. By Senators Thompson of the 33rd and Wiles of the 37th: A RESOLUTION celebrating the life of Mason Varner and dedicating a highway in his memory; and for other purposes. Referred to the Transportation Committee. SR 1073. By Senators Orrock of the 36th and Fort of the 39th: A RESOLUTION urging the board of commissioners of Fulton County to take certain action with respect to the Fulton Bag and Cotton Mill Urban Enterprise Zone; and for other purposes. Referred to the Economic Development Committee. 1306 JOURNAL OF THE SENATE SR 1074. By Senator Chance of the 16th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide for additional penalties or fees for offenses involving illegal parking in parking spaces reserved for persons with disabilities, occupying a passenger vehicle without using a safety belt, operating a motorcycle without protective headgear, operating a boat or other watercraft while under the influence of alcohol or drugs, and reckless driving; to provide that the General Assembly is authorized to allocate such additional penalties or fees to the Brain and Spinal Injury Trust Fund; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Judiciary Committee. The following House legislation was read the first time and referred to committee: HB 68. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to applicability of the Coastal Marshlands Protection Act, so as to provide an exemption for a single private dock built by the owners of two or three adjoining lots; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 237. By Representatives Martin of the 47th, Stephens of the 164th, Lewis of the 15th, Watson of the 91st, Royal of the 171st and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change certain provisions regarding exemptions with respect to the sale of certain manufacturing machinery, certain primary handling equipment, certain aircraft machinery or equipment, certain parts, machinery clothing, molds, dies, or tooling, and certain air or water pollution eliminating machinery and equipment; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. TUESDAY, MARCH 4, 2008 1307 HB 649. By Representatives Smith of the 168th, Williams of the 178th, Lane of the 167th, Sims of the 169th, Shaw of the 176th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, 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 an audit; 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 Chapter 13 of Title 50, 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. HB 851. By Representatives Peake of the 137th, Martin of the 47th, Royal of the 171st, Stephens of the 164th, Parrish of the 156th and others: A BILL to be entitled an Act to amend Code Section 48-7-29.8 of the Official Code of Georgia Annotated, relating to income tax credits for the certified rehabilitation of historic structures, so as to change the method of calculation of the tax credit; to remove the cap on the amount of credits; to authorize the transfer or assignment of tax credits under certain circumstances; to provide that proceeds received by the taxpayer for the assignment or sale of tax credits shall be exempt from taxation as income; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1329. By Representatives Lane of the 158th and Stephens of the 164th: A BILL to be entitled an Act to create the Bryan County Water and Sewer Authority; to provide a short title; to provide for definitions; to provide for the appointment of members of the board; to provide for organization and rules; to provide for powers and duties; to provide for financing of projects; to provide for revenue bonds; to provide for trust indentures and sinking funds; to provide for jurisdiction, venue, and remedies; to provide for validation; to provide for certain trust funds; to provide for audits; to provide for immunity; to provide for rules and regulations; to provide for construction; to provide for 1308 JOURNAL OF THE SENATE supplemental powers; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1330. By Representatives Golick of the 34th, Tumlin of the 38th, Dollar of the 45th, Ehrhart of the 36th, Teilhet of the 40th and others: 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), so as to provide for an increase in the debt limit for the issuance of negotiable bonds; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1340. By Representatives Channell of the 116th and Fleming of the 117th: A BILL to be entitled an Act to amend an Act relating to the filling of vacancies on the board of the Hospital Authority of Wilkes County, approved April 4, 1997 (Ga. L. 1997, p. 3960), so as to change the method of filling vacancies; 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 1347. By Representatives Tumlin of the 38th, Teilhet of the 40th, Wix of the 33rd, Morgan of the 39th, Golick of the 34th 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. 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: TUESDAY, MARCH 4, 2008 1309 HB 296 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: SB 504 SB 518 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Hudgens of the 47th District, Chairman Mr. President: The Interstate Cooperation Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 1010 Do Pass SR 1011 Do Pass Respectfully submitted, Senator Harbison of the 15th 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 524 Do Pass Respectfully submitted, Senator Wiles of the 37th District, Chairman Mr. President: The Urban Affairs Committee has had under consideration the following legislation and 1310 JOURNAL OF THE SENATE has instructed me to report the same back to the Senate with the following recommendation: SB 503 Do Pass Respectfully submitted, Senator Adelman of the 42nd District, Chairman The following legislation was read the second time: HB 358 SB 163 SB 438 SB 459 SB 460 SB 482 SB 498 SB 507 SB 515 SB 520 SB 522 SR 515 SR 1020 The following Senators were excused for business outside the Senate Chamber: Carter of the 13th Tolleson of the 20th Meyer von Bremen of the 12th Thompson of the 33rd 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. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Bulloch Butler Chance Chapman Cowsert Davenport Douglas Goggans Golden Grant Harbison Harp Hawkins Heath Hill,Jack Hill,Judson Hooks Hudgens Jackson Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Reed Rogers Schaefer Seabaugh Seay Shafer,D Smith Staton Stoner Tarver Tate Thomas,D Thomas,R Thompson,C Unterman Weber Wiles Williams Not answering were Senators: TUESDAY, MARCH 4, 2008 1311 Carter (Excused) Henson Thompson, S. (Excused) Fort (Excused) Johnson Tolleson (Excused) Hamrick Meyer von Bremen (Excused) The members pledged allegiance to the flag. Senator Seay of the 34th introduced the chaplain of the day, Pastor Andre Landers of Jonesboro, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 1062. By Senator Seabaugh of the 28th: A RESOLUTION recognizing the Coweta Up In Smoke Barbecue Cook-off as the "Florida Barbecue Association Georgia State Championship"; and for other purposes. SR 1064. By Senators Thomas of the 54th, Hill of the 32nd, Mullis of the 53rd, Smith of the 52nd and Wiles of the 37th: A RESOLUTION recognizing and commending Kennesaw State University for its commitment to environmental sustainability; and for other purposes. SR 1065. By Senators Staton of the 18th, Harp of the 29th, Hill of the 4th, Hooks of the 14th and Meyer von Bremen of the 12th: A RESOLUTION commending Dr. Martin L. Dalton; and for other purposes. SR 1066. By Senators Hill of the 32nd, Thompson of the 33rd, Rogers of the 21st, Stoner of the 6th and Wiles of the 37th: A RESOLUTION commemorating March 7, 2008, as the date of the placement of a Georgia historical marker at the site of the Leo Frank lynching and commending the organizations participating in the dedication of the historical marker; and for other purposes. SR 1067. By Senators Hill of the 32nd and Seabaugh of the 28th: A RESOLUTION commending the Grenzebach Corporation on its 20th anniversary in Georgia; and for other purposes. 1312 JOURNAL OF THE SENATE SR 1068. By Senators Douglas of the 17th, Johnson of the 1st and Williams of the 19th: A RESOLUTION designating March 6, 2008, as Atlanta Motor Speedway Day at the state capitol; and for other purposes. SR 1070. By Senators Shafer of the 48th and Moody of the 56th: A RESOLUTION recognizing and commending Mr. Mihir Chaudhary; and for other purposes. SR 1072. By Senator Thomas of the 54th: A RESOLUTION recognizing and commending SGM Jack McGill; and for other purposes. Senator Hawkins of the 49th introduced the doctor of the day, Dr. Ralph Tillman. Senator Williams of the 19th recognized the Appling County Bulldawgs 4-H Gun Team for winning the 42nd Annual Jaycee International BB Gun Championship, commended by SR 766, adopted previously. Senator Hill of the 32nd expressed cultural, economic, and educational cooperation with the Federal Republic of Germany, commended by SR 1048, adopted previously. His Excellency Lutz Gorgens, Consul General of the Federal Republic of Germany, addressed the Senate briefly. Senator Mullis of the 53rd recognized James Gregory, commended by SR 1032, adopted previously. James Gregory addressed the Senate briefly. Senator Tate of the 38th was excused for business outside the Senate Chamber. 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 4, 2008 Twenty-seventh Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) TUESDAY, MARCH 4, 2008 1313 SB 524 Golden of the 8th VALDOSTA-LOWNDES COUNTY A BILL to be entitled an Act to create the Valdosta-Lowndes County Parks and Recreation Authority and to authorize such Authority to provide parks and recreation services throughout Lowndes County; to provide for the membership and for the appointment of members of the authority; to define relevant terms; to provide that no debt of Lowndes County, the municipalities located therein, or other political subdivisions, within the meaning of Article IX, Section III, Paragraph I of the Constitution of the State of Georgia, shall be incurred by exercise of the powers granted; to provide that bonds be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; 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 Balfour Y Brown Y Bulloch Y Butler E Carter Y Chance Y Chapman Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Hamrick Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the passage of the local legislation, the yeas were 48, nays 0. 1314 JOURNAL OF THE SENATE The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. Senator Johnson of the 1st asked unanimous consent to change the order of business for the following Senate legislation to be introduced, read the first time and referred to committee: SB 549. By Senator Thomas of the 54th: 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 a three level system of stroke centers; to provide for legislative findings; to provide for definitions; to provide for the development of a model stroke triage assessment tool; to provide for the establishment of protocols related to the assessment, treatment, and transport of stroke patients by licensed emergency medical services providers; to provide for annual reporting; to provide for statutory construction; to provide that a hospital shall not advertise that it is a primary, comprehensive, or support stroke center unless so designated; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. There was no objection and SB 549 was referred to the Health and Human Services 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. SENATE RULES CALENDAR TUESDAY, MARCH 4, 2008 TWENTY-SEVENTH LEGISLATIVE DAY SR 1012 Public Property; conveyance; 10 counties (Substitute)(SI&P-25th) SB 470 Property and Casualty Actuarial Opinion Law; provide for submission of annual statement (I&L-47th) SB 485 State Licensing Board of Home Inspectors; create; membership (Substitute)(RI&Util-37th) SB 508 Probate Courts; update/change provisions (Substitute)(S JUDY-12th) SB 525 Georgia Technology Authority; change certain powers; authorize to develop certain plans and reports (S&T-18th) TUESDAY, MARCH 4, 2008 1315 SB 472 Anti-cigarette Smuggling Act; digital based cigarette stamp processes (FIN-48th) SB 493 Redevelopment Powers; computation of tax allocation increments of districts (FIN-5th) SR 996 Counties/Municipalities; local boards of education; authorize to use tax funds for redevelopment purposes/programs-CA (Substitute)(FIN-40th) 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 1012. By Senators Grant of the 25th, Harp of the 29th, Smith of the 52nd, Chapman of the 3rd, Murphy of the 27th and others: A RESOLUTION authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; authorizing the conveyance by exchange of certain state owned real property in Brantley County, Georgia; authorizing the conveyance of certain state owned real property located in Bulloch County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; authorizing the conveyance of certain state owned property in Lowndes County, Georgia; authorizing the conveyance of certain state owned property in Mitchell County, Georgia; authorizing the conveyance of and easement over certain state owned real property located in Troup County, Georgia; to repeal conflicting laws; and for other purposes. The Senate State Institutions and Property Committee offered the following substitute to SR 1012: A RESOLUTION Authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; authorizing the conveyance by exchange of certain state owned real property in Brantley County, Georgia; authorizing the conveyance of certain state owned real property located in Bulloch County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; authorizing the leasing of and a separate easement on certain state owned real property located in Douglas County, Georgia; authorizing the leasing of certain state owned real property located in 1316 JOURNAL OF THE SENATE Fulton County, Georgia; authorizing the leasing of certain state owned real property located in Jefferson County, Georgia; authorizing the conveyance of certain state owned property in Jefferson County, Georgia; authorizing the conveyance of certain state owned property in Lowndes County, Georgia; authorizing the conveyance of certain state owned property in Mitchell County, Georgia; authorizing the conveyance of and easement over certain state owned real property located in Troup County, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property totaling approximately 1.657 acres located in Bartow County, Georgia; (2) Said parcel of such real property is all that parcel described as lying and being in Land Lots 1239 and 1282, 21st District, 2nd Section of Bartow County, containing a total of approximately 1.657 acres as shown on a plat of survey entitled "Survey for Bartow County" dated November 6, 2007, and prepared by William C. Smith, Georgia Registered Land Surveyor #1803, of Smith & Smith Land Surveyors P.C. of Cartersville, Georgia, and being on file in the Offices of the State Properties Commission and presented to the State Properties Commission for approval, 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 said parcel being a portion of an approximately 9.028 acre tract as described in a 06/02/2004 deed to the State of Georgia from the North Metro Technical Institute Foundation, which is recorded in State Properties Commission records as SPC # 860.08; (3) The Board of Technical and Adult Education, at its meeting of December 6, 2007 approved the conveyance of the above described property to the Bartow County Board of Commissioners for use by the County to repair and maintain a new entrance road into the campus of North Metro Technical College from Etowah Drive Acworth, Georgia, to access a new Allied Health and Technology Building under construction at the College, and to become part of the Bartow County road system and maintained by the County for the future; (4) The Bartow County Board of Commissioners is desirous of accepting the conveyance of the above-described property in order to construct and maintain the entrance road to said Allied Heath and Technology Building; and WHEREAS: (1) The State of Georgia is the owner of a tract of real property located in Brantley County, Georgia conveyed to the State of Georgia, Georgia Forestry Commission by the Assistant Secretary of the United States Department of Agriculture on March 30, 1955 as recorded at the State Properties Commission as RPR number 1396 and is recorded in Brantley County Clerk of Superior Court in Deed Book 17, Pages 430432; (2) Said property is under the custody of the Georgia Forestry Commission and is a TUESDAY, MARCH 4, 2008 1317 portion of the Dixon Memorial State Forest; (3) Said real property includes a parcel of land lying and being in Land Lots 127128, 9th Land District in Brantley County and containing approximately 41.188 acres as shown on a plat of survey entitled "Survey for Ronnie Griffin," by Harry A. Strickland, Georgia Registered Land Surveyor, and dated September 27, 2006, all being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (4) Ronald Griffin has agreed to convey to the State of Georgia several tracts of land in Ware County totaling approximately 41.118 acres of suitable property and additional consideration to the State of three thousand dollars ($3,000.00), as determined by the State Properties Commission and the Georgia Forestry Commission to be in the best interest of the State, at Dixon Memorial State Forest in Ware County, as described as Tract 1 (described as lot 3 of approximately 6.942 acres), Tract 2 (lots 2 and 1 of approximately 14.884 total acres), Tract 3 (lot 9 of approximately 5.744 acres), Tract 4 (approximately 3.590 acres), and Lot 9 of Block 2 (approximately 10.028 acres), on that "Survey for Ronald Griffin dated December 16, 2002" by Walter P. Copeland, Georgia Registered Land Surveyor number 2271; (5) The conveyance of the State's 41.118 acres in Brantley County in exchange for Mr. Griffin's 41.118 acres in Ware County and $3000.00 would allow the Georgia Forestry Commission to acquire several in-holding tracts of land within the boundary of the Dixon Memorial State Forest to consolidate and prevent future management problems at the Forest; (6) The above described exchange of properties is approved by the Georgia Forestry Commission; and 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 GMD of Bulloch, County, and containing a total of approximately 1.148 acres fronting Southwest of Georgia Highway No. 67, all as shown on a Plat of Survey prepared by Lamar O. Reddick and dated April 1, 1971, and recorded in Plat Book 10, Page 194, Bulloch County Records, 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) 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 June, 1971 1318 JOURNAL OF THE SENATE by Bulloch County for the consideration of $1.00; (6) On May 5, 2006, the Governor approved Act 909 (SR 823) authorizing the conveyance to Bulloch County of the property as long as the property is used for public purpose; (7) Bulloch County is desirous of acquiring the above-described property for public purpose or alternately of having the state convey its interest in the property back to the county for purposes of an exchange for other property to be used for public purpose, if such an exchange can be effected and the terms and conditions of which exchange are approved by the State Properties Commission; and WHEREAS: (1) The State of Georgia is the owner of a certain real property located in Cherokee County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in land lots 159 of the 14th district, 2nd Section of Cherokee County, and containing a total of approximately 1.50 acres as more particularly described on that certain deed of conveyance to the State of Georgia being recorded as real property record number 004616 and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Public Safety and was used as a state patrol post; (4) The Department of Public Safety has relocated the activities performed on the above-described property and has declared the property surplus; (5) The above-described property was conveyed to the state in 1962 by Cherokee County for the consideration of $1.00 with the provision that if the property ever ceased being used as a state patrol post the property including any improvements would revert; (6) Cherokee County is desirous of having the state convey its interest in the property back to the County. WHEREAS: (1) The State of Georgia is the owner of two certain parcels of real property totaling 3.87 acres located in Douglas County, Georgia; (2) Said first parcel of such real property is all that parcel described as Parcel A ("the lease area") of land lying and being in land lots No. 48 of the 1st land district, 2nd section of Douglas County containing a total of approximately 1.76 acres as shown on a plat of survey entitled "Site of Project No DTAE-213, Parcel A Charter School Site, West Central Technical College" (hereinafter known as "Parcel A" or "the lease area") dated June 8, 2007, and prepared by Paul B. Cannon, Georgia Registered Land Surveyor #2928, and being on file in the Offices of the State Properties Commission and presented to the State Properties Commission for approval; and said second parcel of such real property is all that parcel described as Parcel C of land lying and being in TUESDAY, MARCH 4, 2008 1319 land lots No. 48 and 49 of the 1st land district, 2nd section of Douglas County containing a total of approximately 2.12 acres as shown on a plat of survey entitled "Site of Project No DTAE-213, Parcel C Non-Exclusive Easement, West Central Technical College" (hereinafter known as "Parcel C") dated June 8, 2007, and prepared by Paul B. Cannon, Georgia Registered Land Surveyor #2928, 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) The Board of Technical and Adult Education, at its meeting of June 7, 2007 approved the granting of a ground lease for $1.00 of approximately 2.0 acres to the Douglas County Board of Education for use as a site to construct and operate a Charter School, and at the same meeting that Board approved the granting of an ingress-egress easement for $1.00 on approximately 2.0 acres to the site of the Charter School on the above-described property at the West Central Technical College; (4) At the same meeting the Board approved granting a revocable license over the two parcels of above-described property and such request was approved by the State Properties Commission on July 24, 2007; (5) The Douglas County Board of Education is desirous of leasing the abovedescribed property and being granted an ingress-egress easement in order to construct and operate an approximately 20,000 square foot Career Academy High School joined in a common atrium with an approximately 20,000 square foot new classroom building to be built with 2006 Series G General Obligation Bonds for West Central Technical College, allowing students to earn credits toward both a high school diploma and a technical diploma or certificate; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property totaling approximately 0.25 acres (11,040 square feet) located in the City of Atlanta, Fulton County, Georgia; (2) Said 0.25 acre parcel of real property is all that parcel described as lying and being in Land Lot 51 of the 14th District of Fulton County, also described as 201 Courtland Street at the intersection of the north right-of-way of a street formerly known as Cain Street (now known as International Boulevard) and the east right-ofway of Courtland Street, containing a total of approximately 0.25 acres, which is a portion of property known as 201- 215, and 217-223 Courtland Street and 207 International Boulevard in Atlanta, Fulton County, as recorded in State Properties Commission Real Property Record # 7454, and under the custody and control of the Department of Labor; and being described on a survey 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 has been leased to various entities since 1971, most recently as recorded in Deed Book 5533, Page 24 of the Superior Court Clerk of Fulton County 1320 JOURNAL OF THE SENATE records, since December 3, 2002, leased to KenKam LLC as Lessee/Tenant for a period of 10 years, to expire on December 31, 2012 with an option to extend the lease until December 31, 2017; (4) Lessee has requested a longer lease term in order to make investments and improvements that are necessary to successfully operate the leased property as a restaurant, and to improve the State's long-term value in this property; (5) The Commissioner of Labor in a letter dated February 1, 2008, did not object to an extension of the lease term; (6) It is recommended that the extension of the lease expire on December 31, 2039, so long as the value of the lease is reappraised to a current fair market value prior to execution of the lease and that the lease is subject to an annual increase to be determined by the State Properties Commission; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property totaling 3.0 acres located in Jefferson County, Georgia; (2) Said parcel of such real property is all that parcel described as lying and being in GMD No. 78 of Jefferson County, containing a total of approximately 3.0 acres as shown on a plat of survey entitled "Jefferson County Heath Sciences Center" dated April 4, 2006, and prepared by Alfred D. Bellew, Georgia Registered Land Surveyor #2255, of Bellew Surveyors, 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) The Board of Technical and Adult Education, at its meeting of August 3, 2006 approved the granting of a 20-year ground lease of approximately 3.0 acres to the Jefferson County Board of Commissioners for use by the County as a site to construct under terms of a community block grant from the Georgia Department of Community Affairs (DCA) and operate a Health/Sciences Center at the Louisville, Georgia campus of Sandersville Technical College; (4) The Jefferson County Board of Commissioners is desirous of leasing the abovedescribed property in order to construct and operate said Heath/Sciences Center; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Jefferson County, Georgia; (2) Said real property is all those two (2) tracts or parcels of land lying and being in the 83rd GMD of Jefferson County consisting of 1.0 of one acre more or less and being Parcel C as more particularly described on a plat of survey dated May 6- June 4, 1982 and prepared by H. P. Tompkins, Jr., Georgia Registered Land Surveyor, and being recorded in the office of the Clerk of the Superior Court of said County in Plat Book 1, page 155; and of a 0.45 acre more or less parcel being described as recorded in Deed Book 64, Folio 547 and re-surveyed as 0.402 acres (Parcel B) on the same TUESDAY, MARCH 4, 2008 1321 Tompkins survey of 1982, 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 is a portion of the former tower, office and truck shed site, which has recently been replaced by a new combined office serving Jefferson and Glascock Counties on approximately 3.63 acres of land donated by Jefferson County; (4) The former office site consists of 3 parcels totaling approximately 1.85 acres donated to the State of Georgia, and was resurveyed in the above-referenced 1982 survey as approximately 1.74 acres, those 3 parcels being the above-referenced two Parcels B and C, and a third parcel of approximately 0.40 acres (recorded in Deed Book 3-0, Pages 435-436) which contains the Jefferson Fire Tower, as resurveyed on the above-referenced 1982 survey and designated on that survey as Parcel A of approximately 0.338 acres; (5) The Georgia Forestry Commission is desirous of retaining the fire tower known as the Jefferson Fire Tower and the land on which it is situated (referred to as Parcel A, above), having reached an agreement with the County for the County to fully maintain the tower and pay for all utilities in exchange for the County's right to retain their communications antenna on the Jefferson Fire Tower; (6) The Forestry Commission has no further need for the former office and truck shed or land on which it is located, and has requested in a Resolution dated April 6, 2006, that Parcel B (0.402 acres on the referenced survey) and Parcel C (1.0 acres on the same survey) be conveyed to Jefferson County; (7) Jefferson County is desirous of accepting the conveyance of the above described Parcels B and C, and the County approved in its resolution dated October 11, 2005, the acquisition of that property; (8) The Georgia Forestry Commission and the Jefferson County Board of Commissioners entered into an Agreement on April 17, 2006, commemorating such maintenance by the County of the tower, grounds, and parking area and utilities of the Jefferson Fire Tower and Pump/Well house on Parcel A; 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 an approximately 1.42 acre parcel being further described in that "Plat of Survey for Lowndes County dated 1/29/08 by Georgia Registered Land Surveyor #2940", 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 is a portion of that approximately 10.7 acre Lowndes County Forestry Unit which was donated to the State of Georgia on December 18, 1957 by Lowndes County, lying and 1322 JOURNAL OF THE SENATE being in Land Lot 197, 11th Land District of Lowndes County, and recorded in the offices of the State Properties Commission as RPR # 877; (4) The Georgia Forestry Commission has no planned use or need for said 1.42 acre property in conjunction with the operation of the Unit; (5) Lowndes County Board of Commissioners has requested that the above described property be conveyed to the Lowndes County Board of Commissioners for construction by the Lowndes County Fire and Rescue Headquarters of a "Burn Building" for firefighter training; (6) Said "Burn Building" would further enhance Georgia Forestry Commission's (GFC) cooperative fire control efforts within the County, and GFC has no objection to the above described property being conveyed to Lowndes County for public purpose; (7) Georgia Forestry Commission by resolution dated October 17, 2006, approved the conveyance of the 1.42 acre parcel to Lowndes County as a "Burn Building" for the public purpose of firefighter training, and the County agreed to pay one half of the annual salary of the Lowndes County Fire Tower Operator through July 1, 2009; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Mitchell County, Georgia; (2) Said real property is all of those tracts or parcels of land lying and being in Land Lot 267 and Land Lot 268, of the 10th Land District of Mitchell County, in the City of Pelham, and containing a total of approximately 7.8 acres 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 a farmers market; (4) By letter dated January 9, 2008, the Commissioner of Agriculture declared the property surplus and no longer necessary for the operations of that Department's Marketing Division; (5) The State Properties Commission recommends that the improved property may be sold by competitive bid, or if Mitchell County is desirous of acquiring the abovedescribed property that the property may be sold to that County at fair market value; and WHEREAS: (1) The State of Georgia is the owner of a certain tract of real property located in Troup County, Georgia; (2) Said real property is a portion of that tract of land lying and being in land lots 123, 124, 125, 160, 161, 162, 163, 164, 165, 181, 182, 183, 186, 187, 221, 222, and 223 of the 5th Land District of Troup County, Georgia and containing approximately 166.9 acres as shown on a plat of survey entitled "State of Georgia Department of Transportation Right of Way Map Project CSNHS-0008-001(232)", dated February 19, 2007 and prepared by Jordan Jones & Goulding, as highlighted in yellow for TUESDAY, MARCH 4, 2008 1323 conveyance of approximately 165.1 acres and as highlighted for the granting of an easement on several parcels totaling approximately 1.81 acres 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 near a proposed the economic development project site in conjunction with the Kia Automobile Company; (4) Said property is designed to be a proposed Georgia Department of Transportation (GDOT) Interstate 85 interchange to be owned and operated by GDOT, and GDOT requested conveyance of approximately 165.1 acres and easements on approximately 1.81 acres to construct and maintain such interchange. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I SECTION 1. That the State of Georgia is the owner of the above-described real property in Bartow County 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 property including any improvements may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Bartow County for a consideration of $10.00 so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 3. 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 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 Bartow County and a recorded copy shall be forwarded to the State Properties Commission. 1324 JOURNAL OF THE SENATE SECTION 6. That custody of the above-described property shall remain in the Department of Technical and Adult Education until the property is conveyed. ARTICLE II SECTION 7. That the State of Georgia is the owner of the above-described real property in Brantley County 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 approximately 41.188 acre parcel of State of Georgia property may be conveyed to Ronald Griffin in exchange for several parcels owned by Mr. Griffin totaling approximately 41.188 acres of real property within the boundary of Dixon Memorial State Forest and additional consideration of $3,000.00 from Mr. Griffin to the state, as approved by the State Forestry Commission, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 9. 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 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 11. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Brantley County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 12. That custody of the above-described properties shall remain in the State Forestry Commission until the property is conveyed. ARTICLE III SECTION 13. That the State of Georgia is the owner of the above-described real property in Bulloch County 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. TUESDAY, MARCH 4, 2008 1325 SECTION 14. That the above-described property including any improvements may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Bulloch County for a consideration of $10.00 so long as the property is used for public purpose or alternately for purposes of an exchange for other property to be used for public purpose, if such an exchange can be effected and terms and conditions of such exchange are approved by staff of the State Properties Commission; and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 15. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective. SECTION 16. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 17. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bulloch County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 18. That custody of the above-described property shall remain in the Department of Agriculture until the property is conveyed. ARTICLE IV. SECTION 19. That the State of Georgia is the owner of the above-described real property in Cherokee County 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 20. That the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Cherokee County for a consideration of $10.00, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 21. That the authorization in this resolution to convey the above-described property shall 1326 JOURNAL OF THE SENATE expire three years after the date that this resolution becomes effective. SECTION 22. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 23. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Cherokee County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 24. That custody of the above-described property shall remain in the Department of Public Safety until the property is conveyed. ARTICLE V. SECTION 25. That the State of Georgia is the owner of the above-described real property in Douglas County and that in all matters relating to the leasing of the approximately 1.76 acres of real property and to the granting of an easement on the easement area of approximately 2.12 acres, the State of Georgia is acting by and through its State Properties Commission. SECTION 26. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to the Douglas County Board of Education for a period of 25 years for a consideration of $10.00 per year to construct and maintain a Charter School on the above-described property at the West Central Technical College, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia. SECTION 27. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease. SECTION 28. That the lease shall be recorded by the lessee in the Superior Court of Douglas County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 29. That the authorization to lease the above-described property to the Douglas County Board of Education shall expire three years after the date that this resolution becomes effective. TUESDAY, MARCH 4, 2008 1327 SECTION 30. That the State of Georgia, acting by and through the State Properties Commission, is authorized to grant to the Douglas County Board of Education, or its successors and assigns, a nonexclusive easement for ingress-egress to construct and maintain a Charter School on the above-described property at the West Central Technical College. SECTION 31. That the State of Georgia is the owner of the above-described approximately 2.12 acre parcel of real property in Douglas County on the above-referenced survey hereinafter referred to as the "easement area," and the property is in the custody of the Department of Technical and Adult Education and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 32. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Douglas County Board of Education, or its successors and assigns, a nonexclusive easement on that portion of land and that portion only on the abovedescribed survey as the "easement area" for the construction, operation, and maintenance of ingress and egress in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, 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; 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 33. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said ingress and egress. SECTION 34. That the Douglas County Board of Education 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 ingress and egress. SECTION 35. That, after the Douglas County Board of Education 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 Douglas County Board of Education, or its successors and assigns, shall have the option of 1328 JOURNAL OF THE SENATE 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 36. That no title shall be conveyed to the Douglas County Board of Education, and, except as herein specifically granted to the Douglas County Board of Education, 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 Douglas County Board of Education. SECTION 37. 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, or of a county with respect to the county road system or of 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 38. 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 state's 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 Douglas County Board of Education 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 Douglas County Board of Education. 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 39. That the easement granted to the Douglas County Board of Education shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties TUESDAY, MARCH 4, 2008 1329 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 40. 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 interest of the State of Georgia. SECTION 41. 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 42. That the authorization in this resolution to grant the above-described easement to the Douglas County Board of Education shall expire three years after the date that this resolution becomes effective. SECTION 43. 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 VI SECTION 44. That the State of Georgia is the owner of the above-described real property in Fulton County, City of Atlanta, and that in all matters relating to the leasing of the approximately 0.25 acres of real property the State of Georgia is acting by and through its State Properties Commission. SECTION 45. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to KenKam, LLC for a period of 31 years until December 31, 2039, for a consideration of the current fair market value, thereafter increasing at an annual rate to be determined by the State Properties Commission to the end of the lease term to improve, maintain, and operate under all other appropriate terms of a lease of 201 Courtland Street; and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia. 1330 JOURNAL OF THE SENATE SECTION 46. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease. SECTION 47. That the lease shall be recorded by the lessee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 48. That the authorization to lease the above-described property to KenKam, LLC shall expire three years after the date that this resolution becomes effective. ARTICLE VII SECTION 49. That the State of Georgia is the owner of the above-described real property in Jefferson County and that in all matters relating to the leasing of approximately 3.0 acres of real property the State of Georgia is acting by and through its State Properties Commission. SECTION 50. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to the Jefferson County Board of Commissioners for a period of 20 years for a consideration of $10.00 per year to construct and maintain under terms of a community block grant from the Georgia Department of Community Affairs (DCA) and operate a Health/Sciences Center at the Louisville, Georgia campus of Sandersville Technical College; and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia. SECTION 51. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease. SECTION 52. That the lease shall be recorded by the lessee in the Superior Court of Jefferson County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 53. That the authorization to lease the above-described property to the Jefferson County Board of Commissioners shall expire three years after the date that this resolution becomes effective. TUESDAY, MARCH 4, 2008 1331 ARTICLE VIII SECTION 54. That the State of Georgia is the owner of the above-described real property in Jefferson County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 55. That the above-described approximately 1.0 acre parcel (Parcel C) and approximately 0.45 acre parcel (Parcel B) of real property may be conveyed by appropriate instrument to Jefferson County for a consideration of $10.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 56. That the authorization in this resolution to convey the above-described real property shall expire three years after the date that this resolution becomes effective. SECTION 57. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 58. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Jefferson County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 59. That custody of the above-described properties shall remain in the State Forestry Commission until the property is conveyed. ARTICLE IX SECTION 60. That the State of Georgia is the owner of the above-described real property in Lowndes County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 61. That all or a portion of the above-described approximately 1.42 acre parcel of property may be conveyed by appropriate instrument to the Lowndes County Board of Commissioners for a consideration of $10.00, so long as the property is used for public 1332 JOURNAL OF THE SENATE purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 62. That the authorization in this resolution to sell the above-described real property shall expire three years after the date that this resolution becomes effective. SECTION 63. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale. SECTION 64. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Lowndes County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 65. That custody of the above-described properties shall remain in the State Forestry Commission until the property is conveyed. ARTICLE X SECTION 66. That the State of Georgia is the owner of the above-described real property in Mitchell County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 67. That the above-described real property may be sold by the State of Georgia, acting by and through its 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, or that the above-described real property may be sold to a city, county, school board, or other local public entity which shall include development authorities for not less than the fair market value, as determined to be in the best interest of the State of Georgia by the State Properties Commission without the necessity of competitive bid, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 68. That the authorization in this resolution to sell the above-described real property shall expire three years after the date that this resolution becomes effective. TUESDAY, MARCH 4, 2008 1333 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 or deeds of conveyance and easement or easements shall be recorded by the grantee in the Superior Court of Mitchell County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 71. That custody of the above-described properties shall remain in the Department of Agriculture until the property is conveyed. ARTICLE XI SECTION 72. That the State of Georgia is the owner of the above-described real property in Troup County 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 approximately 165.1 acres of the above-described parcels of property may be conveyed by the State of Georgia, acting by and through its State Properties Commission, to the Georgia Department of Transportation for a consideration of $10.00 as determined to be in the best interest of the State of Georgia by the State Properties Commission and that an easement or easements over approximately 1.81 acres of the above-described parcels of property may be granted by the State of Georgia, acting by and through its State Properties Commission for a consideration of $10.00 as determined to be in the best interest of the State of Georgia by the State Properties Commission and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 74. That the authorization in this resolution to convey the above-described real 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 conveyance and easement. SECTION 76. That the deed or deeds of conveyance and easement or easements shall be recorded by the grantee in the Superior Court of Troup County and a recorded copy shall be 1334 JOURNAL OF THE SENATE forwarded to the State Properties Commission. SECTION 77. That custody of the above-described properties shall remain in the Department of Economic Development until the property is conveyed. ARTICLE XII SECTION 78. That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval. ARTICLE XIII SECTION 79. That all laws and parts of laws in conflict with this resolution are repealed. On the adoption of the substitute, there were no objections, 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 E Carter Chance Y Chapman Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Hamrick Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Weber TUESDAY, MARCH 4, 2008 1335 E Harbison Harp Y Hawkins Y Ramsey Y Reed Y Rogers Y Wiles Y Williams On the adoption of the resolution, the yeas were 47, nays 0. SR 1012, having received the requisite constitutional majority, was adopted by substitute. SB 470. 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, so as to provide a short title; to provide for the submission of an annual statement of actuarial opinion by an appointed actuary by each property and casualty insurance company licensed to do business in this state; to provide for exceptions; to provide for the submission of supporting documentation; to provide for the confidentiality of certain documents, materials, and other information; to authorize disclosure under certain conditions; to provide for certain immunities; 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 E Carter Y Chance Y Chapman Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Y Grant Hamrick Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Weber 1336 JOURNAL OF THE SENATE E Harbison Harp Y Hawkins Y Ramsey Y Reed Y Rogers Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 0. SB 470, having received the requisite constitutional majority, was passed. Senator Weber of the 40th was excused for business outside the Senate Chamber. SB 485. By Senators Wiles of the 37th, Staton of the 18th, Chance of the 16th, Jackson of the 24th and Murphy of the 27th: 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 legislative intent; to provide definitions; to create the State Licensing Board of Home Inspectors; to provide for its membership, appointment, filling of vacancies, terms of office, qualifications, powers and duties, staffing, and meetings; to provide for licensing of home inspectors; to provide for qualifications and reciprocity under certain circumstances; to provide for renewals and continuing education; to prohibit certain acts; to provide for applicability; to provide for home inspection reports and their contents; to provide for insurance requirements; to provide for related matters; to repeal Article 6 of Chapter 3 of Title 8 of the O.C.G.A., relating to documentation by home inspectors; 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 485: 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 legislative intent; to provide definitions; to create the State Licensing Board of Home Inspectors; to provide for its membership, appointment, filling of vacancies, terms of office, qualifications, powers and duties, staffing, and meetings; to provide for licensing of home inspectors; to provide for qualifications and reciprocity under certain circumstances; to provide for renewals and continuing education; to prohibit certain acts; to provide for applicability; to provide for home inspection reports and their contents; to provide for insurance requirements; to provide for related matters; to repeal Article 6 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to documentation by home inspectors; to provide an effective date; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 4, 2008 1337 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new Chapter 39B to read as follows: "CHAPTER 39B 43-39B-1. It is the intent of the General Assembly in the interest of public health, safety, and welfare to require the regulation of home inspectors and to assure that consumers of home inspection services can rely on the competence of home inspectors. The practice of home inspection is declared a business or profession affecting the public interest, and this chapter shall be liberally construed so as to accomplish the intent and purposes stated in this chapter. 43-39B-2. As used in this chapter, the term: (1) 'Board' means the State Licensing Board of Home Inspectors. (2) 'Business organization' means any partnership, corporation, limited liability entity, business trust, joint venture, or other legal entity, other than an individual person, doing business or seeking, offering, or contracting to do business as a home inspector or otherwise performing or acting as a home inspector. (3) 'Client' means any person who engages or seeks to engage the services of a home inspector for the purpose of obtaining inspection of, and a written report upon, the condition of a residential building. (4) 'Component' means a readily accessible and observable aspect of a system, such as a floor or wall, but not individual pieces such as boards or nails where many similar pieces make up a system. (5) 'Home inspection' means a visual analysis provided for compensation for the purpose of providing a professional opinion of the condition of a building, its carports and garages, and any reasonably accessible installed components and the operation of the building systems, including, but not limited to, the controls normally operated by the owner, for the following components of a residential building of four units or fewer or, as applicable, of a residential unit: heating system, electrical system, cooling system, plumbing system, structural components, foundation, roof covering, exterior and interior components, and site aspects as they affect the building. A home inspection shall not be required to include the condition of systems or components which are not readily accessible. (6) 'Home inspection report' means a written report prepared for compensation by a home inspector issued to a client after a home inspection. (7) 'Home inspector' means a person who is licensed pursuant to this chapter as a home inspector and who engages in the business of performing home inspections and 1338 JOURNAL OF THE SENATE writing home inspection reports. (8) 'Readily accessible' means available for visual inspection without requiring the moving of personal property, dismantling, destructive measures, or any action that likely will involve risk to persons or property. (9) 'Residential building' means a structure consisting of from one to four family dwelling units. (10) 'Residential unit' means an individual unit of a residential building or a single living unit within a residential structure with a height of two or more stories, when such residential structure is composed of condominium units, townhouses, or such similar living units. (11) 'Significantly deficient' means a system or component that is unsafe or not functioning. (12) 'System' means a combination of interactive or interdependent components assembled to carry out one or more functions. (13) 'Technically exhaustive' means an investigation that involves dismantling or the extensive use of advanced techniques, measurements, instruments, testing, calculations, or other means. 43-39B-3. (a) There is created the State Licensing Board of Home Inspectors which shall consist of five members. The board shall be assigned to the Office of the Secretary of State for administrative purposes, shall be under his or her jurisdiction, and shall operate in accordance with and pursuant to the provisions of Chapter 1 of this title. All members shall be residents of the State 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 home inspection. Four members shall be home inspectors. The home inspector members who are initially appointed to the board shall have been actively engaged in the practice of home inspection for at least five years immediately preceding their appointment, shall have performed a minimum of 500 home inspections for compensation, and shall demonstrate that they have passed an examination administered by a national examination organization that complies with the standards established by the National Commission of Certifying Agencies. On or after 24 months after the date this chapter becomes effective, all home inspectors appointed to be members of the board shall be required to be licensed pursuant to this chapter. (b) The Governor shall appoint the members of the board, subject to confirmation by the Senate, with consideration given to appropriate geographic representation. Any such appointments made when the Senate is not in session shall be effective until acted upon by the Senate. (c) The term of each member of the board shall be five years, except that the initial four home inspector members shall be appointed to serve terms expiring 24 months after the date this chapter becomes effective, 36 months after the date this chapter becomes effective, 48 months after the date this chapter becomes effective, and 60 months after the date this chapter becomes effective, respectively. In the event of a TUESDAY, MARCH 4, 2008 1339 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. 43-39B-4. (a) The board shall meet at least quarterly each year for the purpose of transacting such business as may properly come before it and of overseeing its operations. (b) In addition to and consistent with the powers granted in Chapter 1 of this title, the board shall have the power to: (1) Request from the various departments, agencies, and authorities of this state and its political subdivisions and their agencies and authorities such available information as it may require in its work; and all such departments, agencies, and authorities shall furnish such requested available information to the board and its divisions within a reasonable time; (2) Provide by regulation for reciprocity with other states or territories of the United States in the licensing of home inspectors, provided that such other states have requirements at least substantially equal to the requirements in force in this state for registration, licensure, or certification, and that any such home inspector holding a current and valid license, certificate, or registration from another state or territory seeking licensure by way of reciprocity shall demonstrate that such applicant meets, in the discretion of the board, the qualifications, requirements, and criteria set forth in this chapter; (3) Establish and adjust fees as necessary in accordance with Chapter 1 of this title; (4) Adopt official seals for its use and change them at its pleasure; (5) Establish any policies and procedures for regulating the businesses of home inspection beyond those contained in the code of ethics and standards of practice for home inspectors which are required by subsection (c) of this Code section; and (6) Promulgate and adopt rules and regulations necessary to carry out this chapter. (c) The board shall promulgate standards of practice and a code of ethics for the practice of home inspectors. 43-39B-5. (a) Anyone seeking to be licensed as a home inspector in this state shall file an application on a form provided by the board accompanied by an application fee as provided by the board. (b) A person shall be eligible for licensure as a home inspector if he or she: (1) Is at least 18 years of age; (2) Is of good moral character; (3) Has not been convicted of a crime that has a direct bearing on the persons ability to perform competently and fully as a licensee; (4) Has successfully completed high school or its equivalent; (5) Has: (A) Completed a board approved course of study of no less than 80 hours that covers all of the following components of a residential building of four units or less: 1340 JOURNAL OF THE SENATE heating system, cooling system, plumbing system, electrical system, structural components, foundation, roof covering, exterior and interior components, and site aspects as they affect the building; or (B)(i) Presented documentation as required by the board that he or she has been engaged in the practice of home inspection for compensation for not fewer than three years prior to the effective date of this chapter; and (ii) Performed not fewer than 100 home inspections for compensation; and (6) Has passed a valid, reliable examination designed to test competence in home inspection practice and developed pursuant to accepted psychometric standards promulgated by the American Educational Research Association or similar organization acceptable to the board. The board shall designate such examination no later than six months after the date this chapter becomes effective. (c) Any otherwise qualified applicant failing the examination required by this chapter may be reexamined at any regularly scheduled examination within one year of the date of original application upon payment of a reexamination fee in an amount to be set by the board, without need to resubmit an application, unless any information set forth in the previously submitted application is no longer accurate or complete. Anyone requesting to take the examination a third or subsequent time shall wait at least one calendar year after the taking of the last examination and shall submit an application with the appropriate examination fees. 43-39B-6. Notwithstanding any other provision of this chapter to the contrary, any person who holds a current and valid home inspector license, certification, or registration issued by another state or territory of the United States, where either such state or territory has entered into a reciprocal agreement with the board for the recognition of home inspector licenses issued in that state or territory or such application is pursuant to and in accordance with the regulations and requirements for reciprocity promulgated by the board, shall be eligible for licensure as a home inspector without examination under the provisions of this chapter, provided that such person submits a proper application and proofs, pays or has paid the required fees, otherwise meets the requirements of this chapter, is not otherwise in violation of this chapter, and such person and such application meet the following requirements: (1) The criteria for issuance of such license, certification, or registration by such other state or territory, including the requirement to successfully complete an examination, were at least substantially equivalent to Georgias current license criteria; (2) The application requirements and application form submitted to the other state or territory upon which such license was issued and the examination form and substance shall be available for review by the board and the examination results shall be made available to the board; and (3) The standards of practice of such state or territory are at least substantially similar to those adopted by the board. TUESDAY, MARCH 4, 2008 1341 43-39B-7. (a) Home inspector licenses shall be renewable biennially in accordance with procedures established by the board. (b) As a condition of license renewal, a licensed home inspector shall complete at least 30 hours of board approved continuing education during each renewal period. 43-39B-8. (a) On and after 18 months after the date this chapter becomes effective, no person shall provide nor present, call, or represent himself or herself as able to provide a home inspection for compensation unless he or she is licensed in accordance with the provisions of this chapter. (b) Any person who, directly or indirectly, with the intention or upon the promise of receiving any valuable consideration, offers, attempts, or agrees to perform or performs any single act of home inspection shall be deemed a home inspector within the meaning of this chapter. The commission of a single such act by a person who is required to have a home inspector license under this chapter but who has not obtained such license shall constitute a violation of this chapter. 43-39B-9. (a) On and after 18 months after the date this chapter becomes effective, no business organization shall provide home inspection services unless each of the home inspectors employed by the business organization is licensed in accordance with the provisions of this chapter; provided, however, that an unlicensed person may accompany a home inspector licensed in accordance with this chapter for training purposes. (b) On and after 18 months after the date this chapter becomes effective, no business organization may use in connection with the name or signature of the business organization the title 'home inspector' to describe the business organizations services unless each of the home inspectors employed by the business organization is licensed; provided, however, that an unlicensed person may be employed by the business organization and accompany a home inspector licensed in accordance with the provisions of this chapter for training purposes. (c) No license as a home inspector shall be issued to a business; provided, however, that nothing in this Code section shall preclude a licensed home inspector from performing home inspection services on behalf of a business so long as such services are performed in compliance with the requirements of this chapter. 43-39B-10. On and after 18 months after the date this chapter becomes effective, it shall be unlawful for any person: (1) Directly or indirectly, to engage in or conduct the business of, advertise or hold himself or herself out as engaging in or conducting the business of, or act in the capacity of a home inspector within this state without first obtaining a license as 1342 JOURNAL OF THE SENATE required by this chapter; (2) To perform or offer to perform for an additional fee any repairs to a structure on which the home inspector or the home inspectors company has prepared a home inspection report; provided, however, that a home protection company that is affiliated with or retains a home inspector shall not be in violation of this paragraph if it performs repairs pursuant to a claim made under a home protection contract; (3) To inspect for a fee any property in which the home inspector or the home inspectors company has any financial interest or any interest in the transfer of the property; (4) To offer or deliver any compensation, inducement, or reward to the owner of the inspected property, the broker, or the agent for the referral of any business to the home inspector or the home inspection company; (5) To accept an engagement to make a home inspection or to prepare a home inspection report in which the home inspection itself or the fee payable for the home inspection is contingent upon the conclusions in the home inspection report, preestablished findings, or the close of escrow; and (6) In the course of performing a home inspection or preparing and presenting a home inspection report, to cite a violation of the state minimum standard codes, as enumerated in paragraph (9) of Code Section 8-2-20, if such person does not hold a certification from the appropriate accrediting organization for the code in which the violation is cited. 43-39B-11. Nothing in this chapter shall prohibit: (1) A person who is employed by a governmental entity from inspecting residential buildings if the inspection is within that persons official duties and responsibilities; (2) A person from performing a home inspection if the home inspection will be used solely by a bank, savings and loan association, or credit union to monitor progress on the construction of a residential building; (3) A person who is employed as a property manager for a residential building and whose official duties and responsibilities include inspecting the residential building from performing an inspection on the structure if the person does not receive separate compensation for the inspection work; (4) A person who is regulated in another profession from acting within the scope of that persons license, registration, or certification; (5) A home inspector from performing a home inspection or preparing a home inspection report for a single living unit within a residential structure with a height of two or more stories, so long as the inspection is confined to the components, systems, and condition of that single living unit; or (6) A person who is not a licensed home inspector, but who is in training to become a home inspector, from performing tasks under the direct, on-site supervision of a licensed home inspector in accordance with the requirements established by the board. TUESDAY, MARCH 4, 2008 1343 43-39B-12. (a) A home inspector shall perform a visual inspection of the readily accessible installed systems and components of residential buildings or residential units and provide a home inspection report within a reasonable time period. (b) A home inspection report shall cite: (1) Those systems and components inspected which, in the professional opinion of the home inspector, are significantly deficient or are near the end of their service lives; (2) A reason why, if not self-evident, the system or component is significantly deficient or near the end of its service life; (3) The home inspectors recommendations, if any, on how to correct or monitor the reported deficiency; and (4) Any systems and components listed in paragraph (5) of Code Section 43-39B-2 which were present at the time of the home inspection but were not inspected and a reason they were not inspected. (c) A home inspector may: (1) Include other inspection services, systems, or components in addition to those required; (2) Specify repairs, provided the home inspector is appropriately qualified and willing to do so; and (3) Exclude systems and components from the home inspection if requested in writing by the client. (d) A home inspection shall not be required to: (1) Be technically exhaustive; or (2) Identify concealed conditions or latent defects. 43-39B-13. A home inspector shall not be required to: (1) Offer warranties or guarantees of any kind; (2) Perform any action or make any determination unless specifically stated in any standards of practice adopted by the board or except as may be required by lawful authority; or (3) Perform any procedure or operation that shall, in the opinion of the inspector, likely be dangerous to the home inspector or other persons or damage the property or its systems or components. 43-39B-14. Within 60 days of receiving a license as a home inspector, a home inspector shall in accordance with rules adopted by the board: (1) Maintain liability insurance in an amount established by the board; or (2) Provide evidence of possession of a surety bond in the amount of $100,000.00 or proof of minimum net assets in an amount specified by the board. 1344 JOURNAL OF THE SENATE 43-39B-15. It shall be unlawful for a home inspector to engage in the practice of architecture under Chapter 4 of this title, engineering under Chapter 15 of this title, or residential or general contracting under Chapter 41 of this title unless the home inspector is also licensed under Chapter 4, Chapter 15, or Chapter 41 of this title, as applicable. 43-39B-16. Any person who violates the provisions of this chapter shall be guilty of a misdemeanor." SECTION 2. Article 6 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to documentation by home inspectors, is repealed in its entirety. SECTION 3. 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. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas,D Thomas,R Y Thompson,C E Thompson,S TUESDAY, MARCH 4, 2008 1345 Y Golden Y Grant Hamrick E Harbison Harp Y Hawkins Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Tolleson Y Unterman E Weber Y Wiles Williams On the passage of the bill, the yeas were 45, nays 0. SB 485, having received the requisite constitutional majority, was passed by substitute. SB 508. By Senators Meyer von Bremen of the 12th, Harp of the 29th, Adelman of the 42nd and Weber of the 40th: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 10, Chapter 9 of Title 15, Title 29, and Title 53 of the Official Code of Georgia Annotated, relating to the relations between principal and agent, probate courts, guardian and ward, and wills, trusts, and administration of estates, respectively, so as to update and change provisions affecting the probate courts; to update a reference to a conservator involving incompetency or incapacity of a principal on a power of attorney; to change references relating to the power to cite absconding fiduciaries; to change provisions relating to place and time for holding court; to provide for quarterly terms of court rather than monthly; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Special Judiciary Committee offered the following substitute to SB 508: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 6 of Title 10, Chapter 9 of Title 15, Title 29, and Title 53 of the Official Code of Georgia Annotated, relating to the relations between principal and agent, probate courts, guardian and ward, and wills, trusts, and administration of estates, respectively, so as to update and change provisions affecting the probate courts; to update a reference to a conservator involving incompetency or incapacity of a principal on a power of attorney; to change references relating to the power to cite absconding fiduciaries; to change provisions relating to place and time for holding court; to provide for quarterly terms of court rather than monthly; to change provisions relating to the composition of the Probate Judges Training Council, the terms of councilmembers, and vacancies; to provide for definitions; to provide for additional concurrent jurisdiction with superior courts; to change certain provisions relating to compromise of a claim involving a gross settlement; to change provisions relating to sealing of records; to 1346 JOURNAL OF THE SENATE provide for recordation of certain information relating to real property when no administration is necessary; to eliminate years support as a bar for probate of a will after five years; 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 6 of Title 10 of the Official Code of Georgia Annotated, relating to the relations between principal and agent, is amended by revising Code Section 10-6-36, relating to revocation of agency and the effect of incompetency or incapacity of principal on a power of attorney, as follows: "10-6-36. A written power of attorney, unless expressly providing otherwise, shall not be terminated by the incompetency or incapacity of the principal. The power to act as an attorney in fact for a principal who subsequently becomes incompetent or incapacitated shall remain in force until such time as a guardian of the property conservator or receiver shall be appointed for the principal or until some other judicial proceeding shall terminate the power." SECTION 2. Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by revising Code Section 15-9-35, relating to the power to cite absconding fiduciaries, as follows: "15-9-35. (a) Where any guardian, administrator, executor conservator, personal representative, surety on their bonds, or other person removes himself or herself beyond the limits of this state or absconds or conceals himself or herself, the judge of the probate court shall have the power to cite such guardian, administrator, executor conservator, personal representative, surety, or other person to appear before him the judge relative to the performance of his or her duties or any other matter related to the probate court pertaining to such person. Service may be had upon the guardian, administrator, executor conservator, personal representative, surety, or other person by publication in the manner prescribed in subsection (b) of this Code section. (b) The judge of the probate court shall cause to be published his the judges order calling upon a person described in subsection (a) of this Code section to appear, in the newspaper of his the county in which sheriffs advertisements are published, once a week for four weeks immediately preceding the court day on which the person is cited to appear. The published order shall be directed to the guardian, administrator, executor conservator, personal representative, surety, or other person, shall set the date and time on which the matter in question will be heard, shall indicate all matters to be passed upon at such time, and shall be signed by the judge of the probate court in his the judges official capacity. Where the address of the guardian, administrator, executor TUESDAY, MARCH 4, 2008 1347 conservator, personal representative, surety, or other person is known, a copy of the published order shall be mailed to the party named in the order. The judge of the probate court shall make an entry of his or her actions upon the minutes of the court." SECTION 3. Said chapter is further amended by revising Code Section 15-9-82, relating to place and time for holding court, as follows: "15-9-82. The probate court shall be held at the place prescribed for the superior court or in the office of the judge of the probate court in each county, by the judge thereof, on the first Monday in each month January, April, July, and October and shall continue in session from day to day as the business of the court may require. If the first Monday in a given month term should happen to fall on a legal holiday, the probate courts throughout this state shall convene on the following day." SECTION 4. Said chapter is further amended by revising Code Section 15-9-102, relating to the composition of the Probate Judges Training Council, terms of office, and vacancies, as follows: "15-9-102. (a) As used in this Code section, the term: (1) 'District' means an area of this state containing one or more counties which is designated and numbered as a district by The Council of Probate Court Judges of Georgia. (2) 'Training council' means the Probate Judges Training Council. The training council shall be composed as follows: three members from the state at large elected by the probate judges at the annual spring business meeting of The Council of Probate Court Judges of Georgia for three-year staggered terms and one member from each judicial administrative district who shall be a judge of the probate court and elected by the judges of the probate courts within the district immediately prior to the annual spring business meeting of The Council of Probate Court Judges of Georgia for a four-year term; provided, however, that the initial members elected from judicial administrative districts 1, 2, and 3 shall serve for two-year terms and the initial members elected from judicial administrative districts 4, 5, and 6 shall serve for threeyear terms; provided, further, that, beginning in the spring of 1989, in order to stagger the terms, the initial term of one state-at-large member shall be one year, one shall be two years, and one shall be three years. (b) The training council shall consist of one member from each district as elected by the judges of the probate courts within such district. Such elections shall occur prior to the annual spring business meeting of The Council of Probate Court Judges of Georgia. Training council members shall serve four-year terms; provided, however, that members from odd-numbered districts shall serve an initial term of two years and members from even-numbered districts shall serve an initial term of four years. All 1348 JOURNAL OF THE SENATE members may succeed themselves except for the three state-at-large members. Successors, and successors shall be elected in the same manner as the original members immediately prior to the expiration of each members term of office. The president of The Council of Probate Court Judges of Georgia if not a district or at-large member of the training council shall be a voting member of the training council ex officio. (b)(c) In the event a vacancy occurs in the membership of the training council as a result of a death, resignation, removal, or failure of reelection as a probate judge, the remaining members of the training council district in which such vacancy has occurred shall elect a qualified person from the district to serve for the remainder of the unexpired term of the member whose seat is vacant. The person elected to fill such vacancy shall take office immediately upon election." SECTION 5. Said chapter is further amended by revising Code Section 15-9-127, relating to additional concurrent jurisdiction with superior courts, as follows: "15-9-127. Probate courts subject to this article shall have concurrent jurisdiction with superior courts with regard to the proceedings for: (1) Declaratory judgments involving fiduciaries pursuant to Code Sections 9-4-4, 94-5, and 9-4-6; (2) Tax motivated estate planning dispositions of wards property pursuant to Code Sections 29-3-36 and 29-5-36; (3) Approval of settlement agreements pursuant to Code Section 53-3-22 of the 'Pre1998 Probate Code,' if applicable, or Code Section 53-5-25 of the 'Revised Probate Code of 1998'; (4) Appointment of new trustee to replace trustee pursuant to Code Section 53-12170; (5) Acceptance of the resignation of a trustee upon written request of the beneficiaries pursuant to Code Section 53-12-175; (6) Acceptance of resignation of a trustee upon petition of the trustee pursuant to Code Section 53-12-175; (7) Motions seeking an order for disinterment and deoxyribonucleic acid (DNA) testing as provided in Code Section 53-2-27; and (8) Conversion to a unitrust and related matters pursuant to Code Section 53-12-221; and (9) Adjudication of petitions for direction or construction of a will pursuant to Code Section 23-2-92." SECTION 6. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by revising subsection (h) of Code Section 29-3-3, relating to defining gross settlement, compromise of a claim, and finality of settlement, as follows: "(h) If an order of approval is obtained from the court, or a court in which the action is TUESDAY, MARCH 4, 2008 1349 pending, based upon the best interest of the minor, the natural guardian or conservator is shall be 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, not to exceed a total distribution of $15,000.00 prior to a minor reaching the age of majority, 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 7. Said title is further amended by revising Code Section 29-9-18, relating to sealing of records on conservatorships and guardianships, as follows: "29-9-18. (a) All of the records relating to any minor or adult guardianship or conservatorship that is granted under this title shall be kept sealed, except for a record of the names and addresses of the minor, ward, and guardian or conservator and their legal counsel of record and the date of filing, granting, and terminating the guardianship or conservatorship. The sealed records may be examined by the ward and the wards legal counsel and by, the minor, the minors parents, and the minors legal counsel, the guardian or conservator and the guardian or conservators legal counsel, and any surety for the conservator and legal counsel for the surety at any time. (b) A request by other interested parties to examine the sealed records shall be by petition to the court and the ward and guardian or conservator shall have at least 30 days prior written notice of a hearing on the petition; provided, however, that for good cause shown to the court, the court may shorten such notice period or grant the petition without notice. The matter shall come before the court in chambers. The order allowing access shall be granted upon a finding that the public interest in granting access to the sealed records clearly outweighs the harm otherwise resulting to the privacy of the person in interest, and the court shall limit the portion of the file to which access is granted to that which is required to meet the legitimate needs of the petitioner." SECTION 8. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and estates, is amended by revising Code Section 53-2-40, relating to the petition when an individual dies intestate and no administration is necessary, as follows: "53-2-40. (a) When an individual has died intestate and there has been no personal representative appointed in this state, any heir of the decedent may file a petition praying for an order that no administration is necessary. The petition shall be filed in the probate court of the county of the domicile of the decedent, if the decedent was domiciled in this state, or in the county in which real property is located, if the decedent was not domiciled in this state. (b) The petition shall show: the name and domicile of the decedent; the names, ages or 1350 JOURNAL OF THE SENATE majority status, and domicile of the heirs of the decedent; a description of the property in this state owned by the decedent; that the estate owes no debts or that there are known debts and all creditors have consented or will be served as provided in Chapter 11 of this title; and that the heirs have agreed upon a division of the estate among themselves. The agreement containing original signatures of all the heirs, attested to by a clerk of the probate court or a notary public, shall be attached to the petition. Property subject to an outstanding security deed or agreement may be subject to this proceeding only if the holder of the security deed consents or is served and makes no objection. (c) The personal representative of a deceased heir is authorized to agree to the division on behalf of that heir. (d) In any case involving the approval of a petition for an order that no administration is necessary, where there is an interest in real property, the court shall file, within 30 days of granting such petition, a certificate in each county in this state in which the deceased owned property, to be recorded in the deed records of the county and indexed under the name of the deceased in the grantor index. The certificate shall be accompanied by the same fee for filing deeds with the clerk of the superior court. The filing fee and any fee for the certificate shall be taxed as costs to the estate. The certificate shall set forth: (1) The date of the order granting the petition; (2) The name and address of the deceased; and (3) The name and address of all parties that take title to the real property pursuant to the order issued by the court." SECTION 9. Said title is further amended by revising Code Section 53-5-3, relating to time limitation, as follows: "53-5-3. A will shall not be offered for probate following the expiration of five years from the latest date on which a petition is filed for: (1) The appointment of a personal representative of the decedents estate; (2) An order granting years support from the decedents estate; or (3) An order that no administration is necessary on the decedents estate; provided, however, that the will of a testator who died prior to January 1, 1998, may be offered for probate at least until December 31, 2002." SECTION 10. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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. TUESDAY, MARCH 4, 2008 1351 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. SB 508, having received the requisite constitutional majority, was passed by substitute. Senator Shafer of the 48th asked unanimous consent to change the order of business for the following bill to be withdrawn from the Senate Judiciary Committee and committed to the Senate Regulated Industries and Utilities Committee: SB 305. By Senators Shafer of the 48th, Pearson of the 51st, Heath of the 31st, Thomas of the 54th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to revise a provision relating to the licensing of nongovernmental rescue organizations; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to revise certain provisions relating to liability of persons and entities in emergency situations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. 1352 JOURNAL OF THE SENATE The consent was granted, and SB 305 was committed to the Senate Regulated Industries and Utilities Committee. The Calendar was resumed. SB 525. By Senators Staton of the 18th, Heath of the 31st and Douglas of the 17th: 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 change certain powers of the Georgia Technology Authority; to authorize the authority to develop certain plans and reports; to remove the requirement to maintain a three-year technology plan; to provide for a State Information Technology Report and the contents thereof; to provide that the authority may adopt an accrual method of accounting; to provide for certain agency reports; to remove the requirement that the authority, the Office of Planning and Budget, and the state accounting officer jointly develop a technology resources budget; to eliminate certain reports; 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams TUESDAY, MARCH 4, 2008 1353 On the passage of the bill, the yeas were 50, nays 0. SB 525, having received the requisite constitutional majority, was passed. SB 472. By Senators Shafer of the 48th, Rogers of the 21st, Tolleson of the 20th, Hamrick of the 30th, Stoner of the 6th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to provide, subject to appropriation by the General Assembly, for utilization of digital based cigarette stamp processes; to provide a short title; to provide for related matters; to provide for an effective date contingent on funding; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler E Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. SB 472, having received the requisite constitutional majority, was passed. 1354 JOURNAL OF THE SENATE SB 493. By Senators Thompson of the 5th and Stoner of the 6th: A BILL to be entitled an Act to amend Chapter 44 of Title 36 of the O.C.G.A., relating to redevelopment powers, so as to provide that when a tax allocation district is created within the area of operation of a community improvement district established pursuant to Article IX, Section VII of the Georgia Constitution by the local legislative body of the municipality or the local legislative body of the county, all or part of the ad valorem property taxes levied by such community improvement district may be included in the computation of tax allocation increments of a municipal tax allocation district or county tax allocation district if the administrative body of such community improvement district consents to such inclusion by resolution duly adopted by said administrative body; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour Brown Y Bulloch Butler E Carter Y Chance N Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas,D N Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 2. SB 493, having received the requisite constitutional majority, was passed. TUESDAY, MARCH 4, 2008 1355 Senator Stoner of the 6th was excused for business outside the Senate Chamber. SR 996. By Senators Weber of the 40th, Reed of the 35th, Thompson of the 5th, Balfour of the 9th, Moody of the 56th and others: A RESOLUTION Proposing an amendment to the Constitution so as to authorize community redevelopment and authorize counties, municipalities, and local boards of education to use tax funds for redevelopment purposes and programs, including the payment of debt service on tax allocation bonds; 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 IX, Section II, Paragraph VII is amended by adding a new subparagraph and by revising subparagraph (b) to read as follows: "(a.1) The General Assembly may authorize any county, municipality, or housing authority to undertake and carry out community redevelopment. (b) The General Assembly is also 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. Such general law may authorize the use of county, municipal, and school tax funds, or any combination thereof, to fund such redevelopment purposes and programs, including the payment of debt service on tax allocation bonds, notwithstanding Section VI of Article VIII or any other provision of this Constitution and regardless of whether any county, municipality, or local board of education authorizes the use of such tax funds for such purposes before or after January 1, 2009. 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 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. The above proposed amendment to the Constitution shall be published and submitted as 1356 JOURNAL OF THE SENATE provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended so as to authorize community redevelopment and authorize counties, municipalities, and ( ) NO local boards of education to use tax funds for redevelopment purposes and programs?" 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 996: A RESOLUTION Proposing an amendment to the Constitution so as to authorize community redevelopment and authorize counties, municipalities, and local boards of education to use tax funds for redevelopment purposes and programs, including the payment of debt service on tax allocation bonds; 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 IX, Section II, Paragraph VII is amended by adding a new subparagraph and by revising subparagraph (b) to read as follows: "(a.1) The General Assembly may authorize any county, municipality, or housing authority to undertake and carry out community redevelopment. (b) The General Assembly is also 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. Such general law may authorize the use of county, municipal, and school tax funds, or any combination thereof, to fund such redevelopment purposes and programs, including the payment of debt service on tax allocation bonds, notwithstanding Section VI of Article VIII or any other provision of this Constitution and regardless of whether any county, municipality, or local board of education approves the use of such tax funds for such purposes and programs before or after January 1, 2009. No county, municipal, or school tax funds may be used for such purposes and programs without the approval by resolution of the TUESDAY, MARCH 4, 2008 1357 governing body of the county, municipality, or local board of education. 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 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. 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 community redevelopment and authorize counties, municipalities, and ( ) NO local boards of education to use tax funds for redevelopment purposes and programs?" 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 Weber of the 40th and Cowsert of the 46th offered the following amendment #1: Amend the Senate Finance Committee substitute to SR 996 (LC 18 7292S) by striking "approves" and inserting in its place "approved" on line 23 of page 1. By striking "or after' from line 23 and 24 of page 1. On the adoption of the amendment, there were no objections, and the Weber, Cowsert amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended. On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: 1358 JOURNAL OF THE SENATE Y Adelman Y Balfour Brown Y Bulloch Y Butler E Carter Y Chance N Chapman Y Cowsert Y Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver E Tate Y Thomas,D N Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 46, nays 3. SR 996, having received the requisite two-thirds constitutional majority, was adopted by substitute. Senator Johnson of the 1st moved that the Senate adjourn until 1:00 p.m. Wednesday, March 5, 2008. The motion prevailed, and the President announced the Senate adjourned at 11:40 a.m. WEDNESDAY, MARCH 5, 2008 1359 Senate Chamber, Atlanta, Georgia Wednesday, March 5, 2008 Twenty-eighth 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 521. By Representatives Harbin of the 118th, Mumford of the 95th, Fleming of the 117th and Sims of the 119th: A BILL to be entitled an Act to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees Retirement System of Georgia, so as to provide that a member of such retirement system may obtain creditable service for prior service as an active member of the Georgia Judicial Retirement System or a predecessor retirement system; to provide for notice and the transfer or payment of funds; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. HB 639. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Code Section 47-2-223 of the Official Code of Georgia Annotated, relating to retirement benefits under the Employees Retirement System of Georgia for those in service in the Uniform Division of the Department of Public Safety, so as to provide that certain members of such retirement system may elect to pay an additional employee contribution to such retirement system; to provide that any such 1360 JOURNAL OF THE SENATE person may retire at age 55 or after accruing at least 25 years of creditable service and receive an enhanced retirement benefit; to provide that any such election shall be irrevocable; to provide for persons in service on July 1, 2008; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1116. By Representative Barnard of the 166th: 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 modify certain provisions relating to the "Probation Management Act of 2004"; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1132. By Representatives Lindsey of the 54th, Tumlin of the 38th, Ashe of the 56th, Teilhet of the 40th, Willard of the 49th and others: A BILL to be entitled an Act to amend Title 44 of the O.C.G.A., relating to property, so as to enact the "Uniform Environmental Covenants Act"; to provide for a short title; to define terms; to provide for the nature of rights and subordination of interests; to provide for the contents of an environmental covenant; to provide for validity and the effect on other instruments; to provide for the relationship between environmental covenants and other land use laws; to provide for notice of an environmental covenant; to provide for recording of environmental covenant; to provide for duration of environmental covenant and amendment by court action; to provide for amendment or termination of an environmental covenant by consent; to provide for enforcement of environmental covenants; to provide for a registry of environmental covenants and substitute notice of environmental covenants; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1186. By Representatives Coan of the 101st, Reese of the 98th, Hamilton of the 23rd, Horne of the 71st, Cox of the 102nd and others: A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to change certain provisions relating to payment of assessments to the fund by insurers and self-insurers; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 5, 2008 1361 HB 1189. By Representatives Sheldon of the 105th, Smith of the 129th, Mills of the 25th and Shaw of the 176th: A BILL to be entitled an Act to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner to file a report on progress made on the State-wide Strategic Transportation Plan; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1226. By Representatives Coan of the 101st, Smith of the 70th, McCall of the 30th, Hanner of the 148th, Rogers of the 26th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to extensively revise certain provisions relating to water supply; to provide for a Water Supply Division of the Department of Natural Resources; to change certain provisions relating to rules and regulations relative to water conservation plans; to amend Article 2 of Chapter 7 of Title 48 of the O.C.G.A., relating to income tax imposition, rate, computation, and exemptions, so as to provide for tax credits for certain qualified equipment that reduces business or domestic water usage; to amend Chapter 23 of Title 50 of the O.C.G.A., relating to the Georgia Environmental Facilities Authority and the Division of Energy Resources, so as to change certain provisions relating to definitions; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1245. By Representatives Ralston of the 7th, Knox of the 24th, Levitas of the 82nd and Martin of the 47th: A BILL to be entitled an Act to amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to revise matters relative to funding, budgeting, and the organization of providing indigent defense; to change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide that the Georgia Superior Court Clerks Cooperative Authority be responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defender Standards 1362 JOURNAL OF THE SENATE Council; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. HB 1281. By Representatives England of the 108th, McCall of the 30th, Roberts of the 154th, Hanner of the 148th, Ehrhart of the 36th and others: 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 prohibit local government restrictions on outdoor water use during periods of drought that are more restrictive than those imposed by the state without certain approval; to provide that political subdivisions may be exempted from outdoor watering restrictions imposed by the state; to prohibit placing certain restrictions on use of surface water for swimming pools; to prohibit placing certain restrictions on use of ground water for swimming pools; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1352. By Representative Sims of the 169th: A BILL to be entitled an Act to create a board of elections and registration for Atkinson County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide for personnel and compensation; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1556. By Representative Keen of the 179th: A RESOLUTION relative to adjournment; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: WEDNESDAY, MARCH 5, 2008 1363 SB 550. By Senators Mullis of the 53rd, Cowsert of the 46th, Harp of the 29th, Schaefer of the 50th, Wiles of the 37th and others: A BILL to be entitled an Act to amend Code Section 19-9-3 of the Official Code of Georgia Annotated, relating to the discretion of the judge in child custody disputes, so as to provide that residing with or marrying a person who is registered on the state sexual offender registry shall, in and of itself, constitute a change of material condition or circumstance; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 551. By Senators Hamrick of the 30th and Tolleson of the 20th: A BILL to be entitled an Act to amend Code Section 7-1-492 of the Official Code of Georgia Annotated, relating to prohibitions applicable to directors, officers, and employees of financial institutions, so as to prohibit directors, officers, and employees of financial institutions from transacting business with certain persons to whom they are related; 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. The following House legislation was read the first time and referred to committee: HB 521. By Representatives Harbin of the 118th, Mumford of the 95th, Fleming of the 117th and Sims of the 119th: A BILL to be entitled an Act to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees Retirement System of Georgia, so as to provide that a member of such retirement system may obtain creditable service for prior service as an active member of the Georgia Judicial Retirement System or a predecessor retirement system; to provide for notice and the transfer or payment of funds; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 639. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Code Section 47-2-223 of the Official 1364 JOURNAL OF THE SENATE Code of Georgia Annotated, relating to retirement benefits under the Employees Retirement System of Georgia for those in service in the Uniform Division of the Department of Public Safety, so as to provide that certain members of such retirement system may elect to pay an additional employee contribution to such retirement system; to provide that any such person may retire at age 55 or after accruing at least 25 years of creditable service and receive an enhanced retirement benefit; to provide that any such election shall be irrevocable; to provide for persons in service on July 1, 2008; 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 1116. By Representative Barnard of the 166th: 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 modify certain provisions relating to the "Probation Management Act of 2004"; 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 1132. By Representatives Lindsey of the 54th, Tumlin of the 38th, Ashe of the 56th, Teilhet of the 40th, Willard of the 49th and others: A BILL to be entitled an Act to amend Title 44 of the O.C.G.A., relating to property, so as to enact the "Uniform Environmental Covenants Act"; to provide for a short title; to define terms; to provide for the nature of rights and subordination of interests; to provide for the contents of an environmental covenant; to provide for validity and the effect on other instruments; to provide for the relationship between environmental covenants and other land use laws; to provide for notice of an environmental covenant; to provide for recording of environmental covenant; to provide for duration of environmental covenant and amendment by court action; to provide for amendment or termination of an environmental covenant by consent; to provide for enforcement of environmental covenants; to provide for a registry of environmental covenants and substitute notice of environmental covenants; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. WEDNESDAY, MARCH 5, 2008 1365 HB 1186. By Representatives Coan of the 101st, Reese of the 98th, Hamilton of the 23rd, Horne of the 71st, Cox of the 102nd and others: A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to change certain provisions relating to payment of assessments to the fund by insurers and self-insurers; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 1189. By Representatives Sheldon of the 105th, Smith of the 129th, Mills of the 25th and Shaw of the 176th: A BILL to be entitled an Act to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner to file a report on progress made on the State-wide Strategic Transportation Plan; 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 1226. By Representatives Coan of the 101st, Smith of the 70th, McCall of the 30th, Hanner of the 148th, Rogers of the 26th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to extensively revise certain provisions relating to water supply; to provide for a Water Supply Division of the Department of Natural Resources; to change certain provisions relating to rules and regulations relative to water conservation plans; to amend Article 2 of Chapter 7 of Title 48 of the O.C.G.A., relating to income tax imposition, rate, computation, and exemptions, so as to provide for tax credits for certain qualified equipment that reduces business or domestic water usage; to amend Chapter 23 of Title 50 of the O.C.G.A., relating to the Georgia Environmental Facilities Authority and the Division of Energy Resources, so as to change certain provisions relating to definitions; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. 1366 JOURNAL OF THE SENATE HB 1245. By Representatives Ralston of the 7th, Knox of the 24th, Levitas of the 82nd and Martin of the 47th: A BILL to be entitled an Act to amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to revise matters relative to funding, budgeting, and the organization of providing indigent defense; to change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide that the Georgia Superior Court Clerks Cooperative Authority be responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defender Standards Council; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 1281. By Representatives England of the 108th, McCall of the 30th, Roberts of the 154th, Hanner of the 148th, Ehrhart of the 36th and others: 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 prohibit local government restrictions on outdoor water use during periods of drought that are more restrictive than those imposed by the state without certain approval; to provide that political subdivisions may be exempted from outdoor watering restrictions imposed by the state; to prohibit placing certain restrictions on use of surface water for swimming pools; to prohibit placing certain restrictions on use of ground water for swimming pools; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. HB 1352. By Representative Sims of the 169th: A BILL to be entitled an Act to create a board of elections and registration for Atkinson 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 WEDNESDAY, MARCH 5, 2008 1367 to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide for personnel and compensation; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Agriculture and Consumer Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 533 Do Pass Respectfully submitted, Senator Bulloch of the 11th District, Chairman Mr. President: The Appropriations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 36 Do Pass Respectfully submitted, Senator Hill of the 4th District, Chairman 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 465 Do Pass by substitute SB 519 Do Pass by substitute SB 531 Do Pass SB 541 Do Pass 1368 JOURNAL OF THE SENATE Respectfully submitted, Senator Hamrick of the 30th District, Chairman Mr. President: The Economic Development Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 526 SB 542 SR 1056 Do Pass Do Pass by substitute Do Pass Respectfully submitted, Senator Pearson of the 51st District, Chairman Mr. President: The Education and Youth Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 461 Do Pass by substitute SB 521 Do Pass SB 523 Do Pass SB 535 Do Pass Respectfully submitted, Senator Weber of the 40th District, Chairman Mr. President: The Finance Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 538 Do Pass by substitute SR 1024 Do Pass by substitute Respectfully submitted, Senator Rogers of the 21st District, Chairman Mr. President: The Government Oversight Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following WEDNESDAY, MARCH 5, 2008 1369 recommendation: HB 1055 Do Pass by substitute SB 445 Do Pass by substitute SB 537 Do Pass SB 548 Do Pass Respectfully submitted, Senator Chance of the 16th 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 279 SB 539 SB 549 Do Pass by substitute Do Pass by substitute 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 196 SB 480 SB 514 Do Pass Do Pass by substitute 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 481 SB 529 SB 547 Do Pass by substitute Do Pass Do Pass by substitute SR 721 Do Pass by substitute SR 1030 Do Pass SR 1074 Do Pass by substitute 1370 JOURNAL OF THE SENATE 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: SR 1007 SR 1052 SR 1063 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Tolleson of the 20th District, Chairman Mr. President: The Public Safety Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1111 Do Pass by substitute SB 517 Do Pass Respectfully submitted, Senator Murphy of the 27th 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 305 SB 413 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Shafer of the 48th District, Chairman Mr. President: The Retirement Committee has had under consideration the following legislation and has WEDNESDAY, MARCH 5, 2008 1371 instructed me to report the same back to the Senate with the following recommendation: SB 327 SB 329 SB 451 Do Pass by substitute Do Pass Do Pass as amended 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: HR 1206 Do Pass SB 441 Do Pass by substitute SB 442 Do Pass by substitute SR 706 Do Pass SR 831 Do Pass SR 1038 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 1010 Do Pass HB 1011 Do Pass SB 477 Do Pass Respectfully submitted, Senator Wiles of the 37th District, Chairman Mr. President: The State Institutions and Property Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 386 Do Pass by substitute 1372 JOURNAL OF THE SENATE Respectfully submitted, Senator Grant of the 25th 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 1019 HB 1026 SB 256 SR 842 Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass SR 1047 SR 1055 SR 1060 Do Pass by substitute Do Pass by substitute Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Chairman Mr. President: The Veterans, Military 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 961 Do Pass by substitute HB 1201 Do Pass Respectfully submitted, Senator Douglas of the 17th District, Chairman Senator Heath of the 31st asked unanimous consent that the Senate suspend the Rules for the purpose of reading a late arriving committee report. There was no objection and the President granted consent upon the arrival of the committee report. The following legislation was read the second time: HB 296 SB 503 SB 504 SB 518 SR 1010 SR 1011 The following Senators were excused for business outside the Senate Chamber: Brown of the 26th Harbison of the 15th Thompson of the 33rd WEDNESDAY, MARCH 5, 2008 The roll was called and the following Senators answered to their names: Adelman Balfour Bulloch Butler Carter Chance Chapman Cowsert Davenport Douglas Fort Goggans Golden Grant Hamrick Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Johnson Jones Me V Bremen Moody Mullis Murphy Pearson Powell Ramsey Rogers Schaefer Seabaugh Seay Shafer,D Smith Staton Stoner Tarver Tate Thomas,D Thomas,R Thompson,C Tolleson Unterman Weber Wiles Williams Not answering were Senators: Brown (Excused) Reed Harbison (Excused) Thompson, S. (Excused) Orrock The members pledged allegiance to the flag. 1373 Senator Weber of the 40th introduced the chaplain of the day, Pastor Stephen Streett of Dunwoody, Georgia, who offered scripture reading and prayer. Senator Bulloch of the 11th recognized the Georgia peanut industry and recognized March 5, 2008, as Peanut Butter and Jelly Day at the Capitol, designated by SR 916, adopted previously. Senator Goggans of the 7th introduced the doctor of the day, Dr. Joel Higgins. Senator Carter of the 13th introduced Leah Massee, Miss Georgia 2007, commended by SR 1045, adopted previously. Leah Massee addressed the Senate briefly. Senators Mullis of the 53rd, Cowsert of the 46th and Adelman of the 42nd recognized Dr. Charles S. Bullock, III, commended by SR 983, adopted previously. Dr. Charles S. Bullock, III, addressed the Senate briefly. 1374 JOURNAL OF THE SENATE The following committee report was read by the Secretary: 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 328 Do Pass by substitute Respectfully submitted, Senator Heath of the 31st District, Chairman The following resolutions were read and adopted: SR 1075. By Senator Tate of the 38th: A RESOLUTION commending Roswell O. Sutton; and for other purposes. SR 1076. By Senator Hooks of the 14th: A RESOLUTION recognizing and commending the Marion Middle School Archery Team; and for other purposes. SR 1077. By Senators Adelman of the 42nd and Moody of the 56th: A RESOLUTION proclaiming March 11, 2008, as "Georgia Rides to the Capitol Day"; and for other purposes. SR 1078. By Senator Thomas of the 2nd: A RESOLUTION honoring and commending Lugenia G. Clark and congratulating her on the occasion of her retirement; and for other purposes. SR 1079. By Senator Thomas of the 2nd: A RESOLUTION recognizing and commending the Georgia State Council and P.A.W. Executive Board of Bishops Conference; and for other purposes. SR 1080. By Senators Johnson of the 1st and Thomas of the 2nd: A RESOLUTION recognizing and honoring the St. Patrick's Day Parade Committee, Chairman John P. Forbes, and the 2008 St. Patrick's Day Parade's Grand Marshal Dr. Francis Patrick Rossiter, Jr.; and for other purposes. WEDNESDAY, MARCH 5, 2008 1375 SR 1081. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Reverend E. L. Sullivan; and for other purposes. SR 1082. By Senator Harbison of the 15th: A RESOLUTION commending Miss Jessica Nicole Roberts and congratulating her on winning the 2008 Little Miss Columbus competition; and for other purposes. SR 1083. By Senators Mullis of the 53rd, Powell of the 23rd, Thomas of the 2nd and Murphy of the 27th: A RESOLUTION recognizing Motorcycle Safety and Awareness Month; and for other purposes. SR 1084. By Senators Jones of the 10th, Douglas of the 17th and Davenport of the 44th: A RESOLUTION recognizing and commending Courtney Smits; and for other purposes. SR 1085. By Senators Jones of the 10th, Douglas of the 17th and Davenport of the 44th: A RESOLUTION recognizing People First of Henry County; and for other purposes. SR 1086. By Senators Johnson of the 1st, Williams of the 19th and Brown of the 26th: A RESOLUTION commending Professor Bill Thomas; and for other purposes. SR 1087. By Senators Tate of the 38th, Brown of the 26th, Davenport of the 44th, Hooks of the 14th, Fort of the 39th and others: A RESOLUTION expressing regret at the passing of Lithangia Shannell Robinson; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Stoner of the 6th Thomas of the 54th The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: 1376 JOURNAL OF THE SENATE SENATE LOCAL CONSENT CALENDAR Wednesday, March 5, 2008 Twenty-eighth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 1010 Johnson of the 1st Williams of the 19th STATE COURT OF LIBERTY COUNTY A BILL to be entitled an Act to amend an Act establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3765), so as to change the compensation of the solicitor-general of the said court; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1011 Johnson of the 1st Williams of the 19th STATE COURT OF LIBERTY COUNTY A BILL to be entitled an Act to amend an Act establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by an Act approved March 9, 1959 (Ga. L. 1959, p. 2560), so as to establish the office of judge of the State Court of Liberty County as a full-time office; to provide for the remaining term of the current judge; to provide that successor judges shall be elected in nonpartisan elections; to provide for qualifications; to provide for the judges salary; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Brown Bulloch Y Butler Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith WEDNESDAY, MARCH 5, 2008 1377 Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Staton E Stoner Y Tarver Y Tate E Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams 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 5, 2008 TWENTY-EIGHTH LEGISLATIVE DAY SB 522 Wild Animals; licenses/permits; revise certain provisions (Substitute) (AG&CA-11th) SB 520 Dogs; removing certain collars; provide for a misdemeanor (AG&CA-7th) SB 515 Georgia Seed Development Commission; composition, advisory board, term of office; change certain provisions (AG&CA-11th) SB 502 Parole Board; certified parole officers employed who leave the board under certain conditions may retain their badges (SI&P-25th) SB 499 Life Settlements Act; license requirements for providers/brokers (Substitute)(I&L-47th) SB 458 Education; require local school systems and schools to be accredited; provide for definitions (Substitute)(ED&Y-1st) SB 498 Cosmetic Laser Services; licensing; change certain provisions (Substitute) (H&HS-37th) 1378 JOURNAL OF THE SENATE SB 479 Licensed Ambulance Services; collection of license fees; amend certain provisions (Substitute)(RI&Util-53rd) SB 471 Insurance; provide regulator financial examinations of domestic insurers every five years (I&L-47th) SB 453 Controlled Substances; add the state as entity authorized to govern certain criminal activity; designated areas for recreational purposes (Substitute) (JUDY-45th) SB 396 Administrative Services Dept.; remove/transfer functions; Council of Superior Court Judges of Ga., Prosecuting Attorneys' Council (Substitute) (JUDY-30th) SB 217 Property Owners' Associations; shall have standing as a party to bring legal action to enforce covenants (Substitute)(S JUDY-5th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 522. By Senators Bulloch of the 11th, Carter of the 13th, Chance of the 16th, Hawkins of the 49th, Hudgens of the 47th and others: 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 revise certain provisions relating to wild animals for which licenses or permits are required; to repeal conflicting laws; and for other purposes. The Senate Agriculture and Consumer Affairs Committee offered the following substitute to SB 522: 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 revise certain provisions relating to wild animals for which licenses or permits are required; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: WEDNESDAY, MARCH 5, 2008 1379 SECTION 1. Chapter 5 of Title 27 of the Official Code of Georgia Annotated, relating to wild animals, is amended by revising subparagraphs (a)(1)(A) and (b)(1)(A) and the language introductory thereto in Code Section 27-5-5, relating to wild animals for which licenses or permits are required, as follows: "(a) The following animals are considered to be inherently dangerous to human beings and are subject to the license or permit and insurance requirements provided for in subsection (f) of Code Section 27-5-4: (1) Class Mammalia: (A) Order Marsupialia: Family Macropodidae: Genus Macropus (Kangaroos, wallabies, wallaroos) -- All species;" "(b) Except as provided in this Code section, a license or permit is required for the following wild animals and any others specified by regulation of the board: (1) Class Mammalia: (A) Order Marsupialia (opossum, wallabies, etc.) -- All species other than those listed in subparagraph (a)(1)(A) of this Code section; except that Petaurus breviceps (sugar glider) may be sold, purchased, exhibited, or held as a pet without a license or permit if the owner thereof possesses valid documentation that the animal originated from a source inspected and regulated by the United States Department of Agriculture;" SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R 1380 JOURNAL OF THE SENATE Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 53, nays 0. SB 522, having received the requisite constitutional majority, was passed by substitute. Senators Johnson of the 1st and Thomas of the 2nd recognized the St. Patrick's Day Parade Committee, Chairman John P. Forbes, and the 2008 St. Patrick's Day Parade's Grand Marshal Dr. Francis Patrick Rossiter, Jr., commended by SR 1080, adopted previously. Grand Marshal Dr. Francis Patrick Rossiter, Jr., addressed the Senate briefly. The Calendar was resumed. SB 520. By Senators Goggans of the 7th, Tolleson of the 20th, Hudgens of the 47th and Chapman of the 3rd: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions regarding dogs, so as to provide for a misdemeanor for removing certain collars from dogs; 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 Carter Y Chance Y Chapman Y Cowsert Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver Y Tate WEDNESDAY, MARCH 5, 2008 Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed Y Rogers Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. SB 520, having received the requisite constitutional majority, was passed. 1381 Senator Adelman of the 42nd recognized Wednesday, March 5, 2008, as "Lupus Awareness Day" in Georgia, designated by SR 765, adopted previously. Kim Schofield addressed the Senate briefly. Senator Rogers of the 21st was excused for business outside the Senate Chamber. The Calendar was resumed. SB 515. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Chapter 4 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Seed Development Commission, so as to change certain provisions relating to the Georgia Seed Development Commission and its composition, officers, bylaws, quorum, compensation, records, audits, and bonds; to change certain provisions relating to the creation of an advisory board and its members and functions; to change certain provisions relating to terms of office; to repeal conflicting laws; and for other purposes. Senator Bulloch of the 11th offered the following amendment #1: Amend SB 515 by replacing "for seed or grows turf" with "or turf" on lines 3, 4, and 6 of page 2. By revising lines 14 and 15 of page 2 to read as follows: (6) One member who shall be a farmer who grows crops or turf, to be appointed by the Commissioner of Agriculture; 1382 JOURNAL OF THE SENATE On the adoption of the amendment, there were no objections, and the Bulloch amendment #1 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 Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Ramsey Y Reed E Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. SB 515, having received the requisite constitutional majority, was passed as amended. The following communication was received by the Secretary: Senator Ronald Ramsey, Sr. District 43 320-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Education and Youth Insurance and Labor Special Judiciary State and Local Governmental Operations Urban Affairs The State Senate Atlanta, Georgia 30334 WEDNESDAY, MARCH 5, 2008 1383 March 5, 2008 I was in the Chamber on this date and inadvertently failed to vote "Yes" for Senate Bill 515. Sincerely, /s/ Ronald Ramsey, Sr. SB 502. By Senators Grant of the 25th, Thomas of the 2nd and Seay of the 34th: A BILL to be entitled an Act to amend Code Section 42-9-9 of the Official Code of Georgia Annotated, relating to employees of the parole board, so as to provide that certified parole officers employed by the parole board who leave the board under certain conditions may retain their badges; 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed E Rogers Y Schaefer Y Seabaugh Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. 1384 JOURNAL OF THE SENATE SB 502, having received the requisite constitutional majority, was passed. SB 499. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend Chapter 59 of Title 33 of the O.C.G.A., relating to life settlements, so as to provide a short title; to provide for definitions; to provide for license requirements for providers and brokers; to provide suspension, revocation, and refusal to renew of such licenses; to provide for requirements for life settlement contracts; to provide for certain reporting requirements; to provide for certain privacy requirements; to provide for the examination of licensees; to provide for the authority of the Commissioner of Insurance to investigate persons involved in the life settlement business and in suspected fraudulent practices; to provide for restrictions on advertising; to provide for certain disclosures; to provide for requirements and procedures for life settlement contracts; to repeal conflicting laws; and for other purposes. The Senate Insurance and Labor Committee offered the following substitute to SB 499: 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 provide a short title; to provide for definitions; to provide for license requirements for providers and registration requirements for life settlement brokers; to provide suspension, revocation, and refusal to renew of such licenses; to provide for requirements for life settlement contracts; to provide for certain reporting requirements; to provide for certain privacy requirements; to provide for the examination of licensees; to provide for the authority of the Commissioner of Insurance to investigate persons involved in the life settlement business and in suspected fraudulent practices; to provide for restrictions on advertising; to provide for certain disclosures; to provide for requirements and procedures for life settlement contracts; to authorize the Commissioner of Insurance to promulgate rules and regulations; to provide for prohibited acts concerning life settlement contracts; to provide for fraud prevention and control; to provide for certain immunities from liability; to provide for confidentiality; to provide for injunctions and other civil remedies; to provide for criminal sanctions and penalties; to provide that violations of the chapter shall constitute unfair trade practices; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: WEDNESDAY, MARCH 5, 2008 1385 SECTION 1. Chapter 59 of Title 33 of the Official Code of Georgia Annotated, relating to life settlements, is amended by revising the chapter as follows: "CHAPTER 59 33-59-1. This chapter shall be known and may be cited as the 'Life Settlements Act.' 33-59-2. As used in this chapter, the term: (1) 'Advertising Advertisement' means any written, electronic, or printed communication or any communication by means of recorded telephone messages or any communication transmitted on radio, television, the Internet, or similar communications media, including film strips, motion pictures, and videos, published, disseminated, circulated, or placed directly before the public, directly or indirectly, in this state for the purpose of creating an interest in or inducing a person to purchase or sell, assign, devise, bequeath bequest, or transfer the death benefit or ownership of a life insurance policy or an interest in a life insurance policy pursuant to a life settlement contract. (2) 'Business of life settlements' means an activity including involved in, but not limited to, the offering to enter into, solicitation, negotiation, procurement, effectuation, purchasing, investing, financing soliciting, negotiating, procuring, effectuating, monitoring, or tracking, underwriting, selling, transferring, assigning, pledging, hypothecating, or in any other manner involving, of life settlement contracts. (3) 'Chronically ill' or 'having a chronic illness' means: (A) Being unable to perform at least two activities of daily living including, but not limited to, such as eating, toileting, transferring, bathing, dressing, or continence; (B) Requiring substantial supervision to protect the individual from threats to health and safety due to severe cognitive impairment; or (C) Having a level of disability similar to that described in subparagraph (A) of this paragraph as determined by the United States Secretary of the United States Department of Health and Human Services. (4)(A) 'Financing entity' means an underwriter, placement agent, lender, purchaser of securities, purchaser of a policy or certificate from a life settlement provider, credit enhancer, or an any entity that has a direct ownership in a policy or certificate that is the subject of a life settlement contract, but: (i)(A) Whose principal activity related to the transaction is providing funds to effect the life settlement contract or purchase of one or more purchased policies; and (ii)(B) Who has an agreement in writing with one or more licensed life settlement providers to finance the acquisition of life settlement contracts or to provide stop- 1386 JOURNAL OF THE SENATE loss insurance. (B) 'Financing entity' does not include a nonaccredited investor or purchaser. (5) 'Financing transaction' means a transaction in which a licensed provider obtains financing from a financing entity including, without limitation, any secured or unsecured financing, any securitization transaction, or any securities offering which either is registered or exempt from registration under federal and state securities law. (5)(6) 'Fraudulent life settlement act' includes: (A) Acts or omissions committed by a any person who, knowingly or and with intent to defraud, for the purpose of depriving another of property or for pecuniary gain, commits, engages in acts, or permits its employees or its agents to engage, in acts, including, but not limited to: (i) Presenting, causing to be presented, or preparing with knowledge or and belief that it will be presented to or by a life settlement provider, financing entity, premium finance lender, life settlement broker, insurer, insurance producer, or another any other 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 insurance policy; (II) The underwriting of a life settlement contract or insurance policy; (III) A claim for payment or benefit pursuant to a life settlement contract or insurance policy; (IV) Premiums paid on a an insurance policy; (V) Payments and changes in ownership or beneficiary made in accordance with the terms of a life settlement contract or insurance policy; (VI) The reinstatement or conversion of a an insurance policy; (VII) In the solicitation, offer to enter into, or effectuation, or sale of a life settlement contract or insurance policy; (VIII) The issuance of written evidence of a life settlement contract contracts or insurance; or (IX) A financing transaction Any application for or the existence of or any payments related to a loan secured directly or indirectly by an interest in a life insurance policy; or (X) Enter into any practice or plan which involved stranger originated life insurance; (ii) Failing to disclose to the insurer where the request for such disclosure has been asked for by the insurer that the prospective insured has undergone a life expectancy evaluation by any person or entity other than the insurer or its authorized representatives in connection with the issuance of the policy; (ii)(iii) Employing any device, scheme, or artifice to defraud related to purchased policies in the business of life settlements; or (iv) In the solicitation, application, or issuance of a life insurance policy, employing any device, scheme, or artifice in violation of state insurable interest WEDNESDAY, MARCH 5, 2008 1387 laws; and (B) In the furtherance of a fraud or to prevent the detection of a fraud, acts or omissions of any a person, commits or permits its employees, or its agents to commit any of the following acts acting with such persons permission, to: (i) Remove, conceal, alter, destroy, or sequester from the Commissioner the assets or records of a licensee or other person engaged in the business of life settlements; (ii) Misrepresent or conceal the financial condition of a licensee, financing entity, insurer, or other person; (iii) Transact the business of life settlements in violation of laws requiring a license, certificate of authority, or other legal authority for the transaction of the business of life settlements; or (iv) File with the Commissioner or the chief insurance regulatory official of another jurisdiction a document containing false information or otherwise conceal concealing information about a material fact from the Commissioner; (C)(v) Embezzlement Engage in embezzlement, theft, misappropriation, or conversion of moneys, funds, premiums, credits, or other property of a life settlement provider, life insurance producer, insurer, insured, seller, insurance policy owner, or another any other person engaged in the business of life settlements or insurance; (D)(vi) Recklessly entering into, negotiating, Knowingly and with intent to defraud, enter into, broker, or otherwise dealing deal in a life settlement contract, the subject of which is a life insurance policy that was obtained by presenting false information concerning a any fact material to the policy, or by concealing, for the purpose of misleading another, information concerning a any fact material to the policy, where the seller owner or the sellers owners agent intended to defraud the policys issuer; insurance company that issued the policy. As used in this subparagraph, 'recklessly' means engaging in the conduct in conscious and clearly unjustifiable disregard of a substantial likelihood of the existence of the relevant facts or risks, this disregard involving a gross deviation from acceptable standards of conduct; or (E)(vii) Attempting Attempt to commit, assist, aid, or abet in the commission of, or conspiracy to commit, the acts or omissions specified in this paragraph; or (viii) Misrepresent the state of residence of an owner to be a state or jurisdiction that does not have a law substantially similar to this chapter for the purpose of evading or avoiding the provisions of this chapter. (7) 'Insured' means the person covered under the policy being considered for sale in a life settlement contract. (8) 'Life expectancy' means the arithmetic mean of the number of months the insured under the life insurance policy to be settled can be expected to live as determined by a life expectancy company considering medical records and appropriate experiential data. (6)(9) 'Life insurance producer' means a any person licensed in this state as a resident or nonresident insurance producer pursuant to Chapter 23 of this title who has 1388 JOURNAL OF THE SENATE received qualification or authority for life insurance coverage or a life line of coverage pursuant to Chapter 23 of this title. (10) 'Life settlement broker' means a person who, on behalf of an owner and for a fee, commission, or other valuable consideration, offers or attempts to negotiate life settlement contracts between an owner and providers. A life settlement broker represents only the owner and owes a fiduciary duty to the owner to act according to the owners instructions, and in the best interest of the owner, notwithstanding the manner in which the life settlement broker is compensated. A life settlement broker does not include an attorney, certified public accountant, or financial planner retained in the type of practice customarily performed in their professional capacity to represent the owner whose compensation is not paid directly or indirectly by the provider or any other person, except the owner. (7)(11)(A) 'Life settlement contract' means a written agreement entered into between a provider and an owner establishing the terms under which compensation or anything any thing of value is will be paid, which compensation or thing of value is less than the expected death benefit of the insurance policy or certificate, in return for the sellers owners assignment, transfer, sale, devise, or bequest of the death benefit or ownership of any portion of the an insurance policy or certificate of insurance for compensation; provided, however, that the minimum value for a life settlement contract shall be greater than a cash surrender value or accelerated death benefit available at the time of an application for a life settlement contract. A life Life settlement contract also includes the transfer for compensation or value of ownership or beneficial interest in a trust or other entity that owns such policy if the trust or other entity was formed or availed of for the principal purpose of acquiring one or more life insurance contracts, which life insurance contract insures the life of a person residing in this state. (B) Life settlement contract also includes: (i) A written agreement a contract for a loan or other financing lending transaction, with a seller secured primarily by an individual or group life insurance policy, other than a loan by a life insurance company pursuant to the terms of the policy or a loan secured by the cash value of a policy.; and (ii) A premium finance loan made for a policy on or before the date of issuance of the policy where: (I) The loan proceeds are not used solely to pay premiums for the policy and any costs or expenses incurred by the lender or the borrower in connection with the financing; (II) The owner receives on the date of the premium finance loan a guarantee of the future life settlement value of the policy; or (III) The owner agrees on the date of the premium finance loan to sell the policy or any portion of its death benefit on any date following the issuance of the policy. A life settlement contract includes an agreement with a seller to transfer ownership or change the beneficiary designation at a later date regardless of the WEDNESDAY, MARCH 5, 2008 1389 date that compensation is paid to the seller. A life settlement contract does not mean a written agreement entered into between a seller and a person having an insurable interest in the insureds life. (C) Life settlement contract does not include: (i) A policy loan by a life insurance company pursuant to the terms of the life insurance policy or accelerated death provisions contained in the life insurance policy, whether issued with the original policy or as a rider; (ii) A premium finance loan, as defined in paragraph (18) of this Code section, or any loan made by a bank or other licensed financial institution, provided that neither default on such loan nor the transfer of the policy in connection with such default is pursuant to an agreement or understanding with any other person for the purpose of evading regulation under this chapter; (iii) A collateral assignment of a life insurance policy by an owner; (iv) A loan made by a lender that does not violate Chapter 22 of this title, provided such loan is not described in this paragraph as being included in the definition of a life settlement contract, and is not otherwise within the definition of life settlement contract; (v) An agreement where all the parties are closely related to the insured by blood or law or have a lawful substantial economic interest in the continued life, health, and bodily safety of the person insured or are trusts established primarily for the benefit of such parties; (vi) Any designation, consent, or agreement by an insured who is an employee of an employer in connection with the purchase by the employer, or trust established by the employer, of life insurance on the life of the employee; (vii) A bona fide business succession planning arrangement between: (I) One or more shareholders in a corporation or between a corporation and one or more of its shareholders or one or more trust established by its shareholders; (II) One or more partners in a partnership or between a partnership and one or more of its partners or one or more trust established by its partners; or (III) One or more members in a limited liability company or between a limited liability company and one or more of its members or one or more trust established by its members; (viii) An agreement entered into by a service recipient, or a trust established by the service recipient, and a service provider or a trust established by the service provider, who performs significant services for the service recipients trade or business; or (ix) Any other contract, transaction, or arrangement from the definition of life settlement contract that the Commissioner determines is not of the type intended to be regulated by this chapter. (8) 'Life settlement provider' means a person, other than a seller, who enters into or effectuates a life settlement contract. Life settlement provider does not include: (A) A bank, savings bank, savings and loan association, credit union, or other licensed lending institution that takes an assignment of a policy as collateral for a 1390 JOURNAL OF THE SENATE 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. (12) 'Net death benefit' means the amount of the life insurance policy or certificate to be settled less any outstanding debts or liens. (13) 'Owner' means the owner of a life insurance policy or a certificate holder under a group policy, with or without a terminal illness, who enters or seeks to enter into a life settlement contract. For the purposes of this chapter, an owner shall not be limited to an owner of a life insurance policy or a certificate holder under a group policy that insures the life of an individual with a terminal or chronic illness or condition except where specifically addressed. Owner does not include: (A) Any provider or other licensee under this chapter; (B) A qualified institutional buyer as defined in Rule 144A of the federal Securities Act of 1933, as amended; (C) A financing entity; (D) A special purpose entity; or (E) A related provider trust. (14) 'Patient identifying information' means an insureds address, telephone number, facsimile number, e-mail address, photograph or likeness, employer, employment status, social security number, or any other information that is likely to lead to the identification of the insured. (9)(15) 'Person' means a any natural person or a legal entity, including, but not limited to, an individual, a partnership, limited liability company, association, trust, or corporation. (10)(16) 'Policy' means an individual or group policy, group certificate, contract, or arrangement of life insurance affecting the rights of owned by a resident of this state or bearing a reasonable relation to this state, regardless of whether delivered or issued for delivery in this state. (17) 'Premium finance loan' is a loan made primarily for the purposes of making premium payments on a life insurance policy, which loan is secured by an interest in such life insurance policy. (18) 'Provider' means a person, other than an owner, who enters into or effectuates a WEDNESDAY, MARCH 5, 2008 1391 life settlement contract with an owner. A provider does not include: (A) Any bank, savings bank, savings and loan association, or credit union; (B) A licensed lending institution or creditor or secured party pursuant to a premium finance loan agreement which takes an assignment of a life insurance policy or certificate issued pursuant to a group life insurance policy as collateral for a loan; (C) The insurer of a life insurance policy or rider to the extent of providing accelerated death benefits or riders under this title or cash surrender value; (D) Any natural person who enters into or effectuates no more than one agreement in a calendar year for the transfer of a life insurance policy or certificate issued pursuant to a group life insurance policy for compensation or any thing of value less than the expected death benefit payable under the policy; (E) A purchaser; (F) Any authorized or eligible insurer that provides stop loss coverage to a provider, purchaser, financing entity, special purpose entity, or related provider trust; (G) A financing entity; (H) A special purpose entity; (I) A related provider trust; (J) A life settlement broker; or (K) An accredited investor or qualified institutional buyer as defined in, respectively, Regulation D, Rule 501, or Rule 144A of the federal Securities Act of 1933, as amended, who purchases a life settlement policy from a provider. (11)(19) 'Purchased policy' means a policy or group certificate that has been acquired by a life settlement provider pursuant to a life settlement contract. (20) 'Purchaser' means a person who pays compensation or any thing of value as consideration for a beneficial interest in a trust which is vested with, or for the assignment, transfer, or sale of, an ownership or other interest in a life insurance policy or a certificate issued pursuant to a group life insurance policy which has been the subject of a life settlement contract. (12)(21) 'Related provider trust' means a titling trust or other trust established by a licensed life settlement provider or a financing entity for the sole purpose of holding the ownership or beneficial interest in purchased policies in connection with a financing transaction. The In order to qualify as a related provider trust, the trust shall must have a written agreement with the licensed life settlement provider under which the licensed life settlement provider is responsible for ensuring compliance with all statutory and regulatory requirements and under which the trust agrees to make all records and files related relating to life settlement transactions available to the Commissioner department as if those records and files were maintained directly by the licensed life settlement provider. (22) 'Settled policy' means a life insurance policy or certificate that has been acquired by a provider pursuant to a life settlement contract. (13) 'Seller' means the owner of a policy who is a resident of this state who enters or 1392 JOURNAL OF THE SENATE seeks to enter into a life settlement contract. For the purposes of this chapter, a seller is not limited to an owner of a policy insuring the life of an individual with a terminal or chronic illness or condition except where specifically addressed. If there is more than one owner on a single policy and the owners are residents of different states, the transaction shall be governed by the law of the state in which the owner having the largest percentage ownership resides or, if the owners hold equal ownership, the state of residence of one owner agreed upon in writing by all owners. Seller does not include: (A) A licensee as provided by this chapter, including a life insurance producer; (B) An accredited investor or qualified institutional buyer as defined, respectively, in Regulation D, Rule 501, or Rule 144A of the Federal Securities Act of 1933, as amended; (C) A financing entity; (D) A special purpose entity; or (E) A related provider trust. (14)(23) 'Special purpose entity' means a corporation, partnership, trust, limited liability company, or other similar legal entity formed only solely to provide either, directly or indirectly, access to institutional capital markets for a financing entity or licensed life settlement provider; or in connection with a transaction in which the securities in the special purpose entity are acquired by the owner or by a qualified institutional buyer as defined in Rule 144 promulgated under the federal Securities Act of 1933, as amended, or the securities pay a fixed rate of return commensurate with established asset-backed institutional capital markets. (24) 'Stranger originated life insurance' is a practice or plan to initiate a life insurance policy for the benefit of a third party investor who, at the time of policy origination, has no insurable interest in the insured. Stranger originated life insurance practices include, but are not limited to, cases in which life insurance is purchased with resources or guarantees from or through a person or entity who, at the time of policy inception, could not lawfully initiate the policy himself or herself or itself, and where, at the time of inception, there is an arrangement or agreement, whether oral or written, to directly or indirectly transfer the ownership of the policy or the policy benefits to a third party. Trusts that are created to give the appearance of insurable interest and are used to initiate policies for investors violate insurable interest laws and the prohibition against wagering on life. Stranger originated life insurance arrangements do not include those practices set forth in subparagraph (C) of paragraph (11) of this Code section. (15)(25) 'Terminally ill' or 'having a terminal illness' means having an illness or sickness that can reasonably is be expected to result in death in 24 months or less. 33-59-3. (a)(1) A No person, wherever located, shall not negotiate life settlement contracts between a seller and one or more life settlement providers or otherwise act on behalf of a seller unless such person is a life insurance producer act as a provider or life WEDNESDAY, MARCH 5, 2008 1393 settlement broker with an owner or multiple owners who are residents of this state without first having obtained a license or acknowledgment of registration from the Commissioner. If there is more than one owner on a single policy and the owners are residents of different states, the life settlement contract 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. (2) A life insurance producer, as defined in paragraph (10) of subsection (a) of Code Section 33-23-1, who has been licensed for at least one year, shall be permitted to negotiate, as defined in paragraph (11) of subsection (a) of Code Section 33-23-1, life settlement contracts between a seller residing in this state and one or more life settlement providers. For purposes of this Code section, the one-year requirement is deemed to be satisfied if such person has been licensed as a resident life insurance producer in his or her home state for at least one year. (b) Application for a provider license or life settlement broker registration shall be made to the Commissioner by the applicant on a form prescribed by the Commissioner and the application shall be accompanied by a fee in an amount established by the Commissioner; provided, however, that the license and renewal fees for a provider license shall be reasonable and that the registration and renewal fees for a life settlement broker registration shall not exceed those established for an insurance producer, as such fees are otherwise provided for in this title. (c) A life insurance producer who has been duly licensed as a resident insurance producer with a life line of authority in this state or his or her home state for at least one year and is licensed as a nonresident producer in this state shall be deemed to meet the licensing and registration requirements of this Code section and shall be permitted to operate as a life settlement broker. (d)(3) Not later than 30 days from the first day of negotiating a life settlement on behalf of a seller operating as a life settlement broker, the life insurance producer shall notify the Commissioner of the activity that he or she is acting as a life settlement broker on a form prescribed by the Commissioner and shall pay any applicable fees fee to be determined by the Commissioner. Notification shall include an acknowledgment by the life insurance producer that he or she operates will operate as a life settlement broker in accordance with this chapter. (e)(4) Irrespective of the manner in which the life insurance producer is compensated, a life insurance producer is deemed to represent only the seller and not the life settlement provider or any insurer, and the The insurer that issued the sellers policy that is the subject of a life settlement contract shall not be liable responsible for any act or omission of the life insurance producer or the a life settlement broker, provider, or purchaser arising out of or in connection with the life settlement transaction, provided that the insurer shall remain liable for any of its own acts or omissions unless the insurer receives compensation for the placement of a life settlement contract from the provider, purchaser, or life settlement broker in connection with the life settlement contract. 1394 JOURNAL OF THE SENATE (f)(5) Notwithstanding paragraph (1) of this subsection, a A person licensed as an attorney, certified public accountant, or financial planner accredited by a nationally recognized accreditation agency, who is retained to represent the seller, owner and whose compensation is not paid directly or indirectly by the life settlement provider, or purchaser may negotiate life settlement contracts on behalf of the owner without having to obtain a license as a life insurance producer settlement broker. (b)(1) A person may not operate as a life settlement provider without first obtaining a life settlement provider license from the insurance commissioner of the state of residence of the seller. (2) Application for a life settlement provider license shall be made to the Commissioner by the applicant on a form prescribed by the Commissioner, and an application shall be accompanied by the fees to be determined by the Commissioner. Applications for license under this Code section shall be approved or denied by the Commissioner within 60 calendar days following receipt of a completed application by the Commissioner. The Commissioner shall notify applicants that the application is complete. Applications for such license shall be deemed approved after such time if not disapproved. (3)(g) Licenses A license may be renewed from year to every year on the anniversary date May 1 upon payment of the annual periodic renewal fees to be determined by the Commissioner fee. Failure to pay the fees by the renewal date fee within the terms prescribed shall result in the expiration automatic revocation of the license requiring periodic renewal. (4) Notwithstanding paragraphs (2) and (3) of this subsection, the license and renewal fees for a life settlement provider license may not exceed that established for an insurer as provided in Code Section 33-8-1. (h) The term of a provider license shall be equal to that of a domestic stock life insurance company and the term of a life settlement broker registration shall be equal to that of an insurance producer license. Licenses or registrations requiring periodic renewal may be renewed on their anniversary date upon payment of the periodic renewal fee as specified in subsection (b) of this Code section. Failure to pay the fees on or before the renewal date shall result in expiration of the license or registration. (i)(5) The applicant for a life settlement provider license shall provide such information as the Commissioner may require on forms prescribed prepared by the Commissioner. The Commissioner has shall have the authority, at any time, to require the such applicant to fully disclose the identity of all its stockholders, except stockholders owning fewer than 10 percent of the shares of an applicant whose shares are publicly traded, partners, officers, members, and employees, except stockholders owning fewer than 5 percent of the shares of an applicant whose shares are publicly traded, and the Commissioner may, in the exercise of the Commissioners sole discretion, refuse to issue such a license in the name of a legal entity any person if not satisfied that any officer, employee, stockholder, or partner, or member of it thereof who may materially influence the applicants conduct meets the standards of this chapter. WEDNESDAY, MARCH 5, 2008 1395 (j)(6) A license issued to a legal partnership. corporation, or other entity authorizes all partners, members, officers, members, and designated employees to act as life settlement providers, as applicable, as a licensee under the license, and all if those persons shall be are named in the application and any supplements to the application. (k)(7) Upon the filing of an application and the payment of the license fee, the Commissioner shall make an investigation of each applicant for a license as a life settlement provider and may issue a license if the Commissioner finds that the applicant: (A)(1) Has If a provider, has provided a detailed plan of operation; (B)(2) Is competent and trustworthy and intends to act transact its business in good faith in the capacity involved by the license for which he or she has applied; (C)(3) Has a good business reputation and has had experience, training, or education so as to be qualified in the business for which the license for which he or she has is applied; (D)(4) If the applicant is a legal entity, has provided is formed or organized pursuant to the laws of this state or is a foreign legal entity authorized to transact business in this state or provides a certificate of good standing from the state of its domicile; and (E)(5) Has provided to the Commissioner an antifraud plan that meets the requirements of this chapter. Code Section 33-59-14 and includes: (A) A description of the procedures for detecting and investigating possible fraudulent acts and procedures for resolving material inconsistencies between medical records and insurance applications; (B) A description of the procedures for reporting fraudulent insurance acts to the Commissioner; (C) A description of the plan for antifraud education and training of its underwriters and other personnel; and (D) A written description or chart outlining the arrangement of the antifraud personnel who are responsible for the investigation and reporting of possible fraudulent insurance acts and investigating unresolved material inconsistencies between medical records and insurance applications. (l)(8) The Commissioner may shall not issue a any license to a any nonresident applicant unless a written designation of an agent for service of process is filed and maintained with the Commissioner or unless the applicant has filed with the Commissioner the applicants written irrevocable consent that any action against the applicant may be commenced against the applicant by service of process on the Commissioner. (m) The Commissioner shall not issue a license to any applicant unless the applicant has an adequate net worth as prescribed by order, rule, or regulation. (n) Each licensee shall file with the Commissioner on or before the first day of May of each year an annual statement containing such information as the Commissioner by rule may prescribe. (o) A provider may not use any person to perform the functions of a life settlement broker as defined in paragraph (10) of Code Section 33-59-2 unless the person holds a 1396 JOURNAL OF THE SENATE current, valid registration as a life settlement broker and as provided in this Code section. (p) A life settlement broker may not use any person to perform the functions of a provider as defined in paragraph (18) of Code Section 33-59-2 unless such person holds a current, valid license as a provider and as provided in this Code section. (q)(9) A life settlement provider and a life settlement broker shall provide to the Commissioner new or revised information about officers, stockholders of 10 percent or more stockholders, partners, directors, members, or and designated employees within 30 days of the any change. (r) An individual registered as a life settlement broker shall complete on a biennial basis 15 hours of training related to life settlements and life settlement transactions as required by the Commissioner; provided, however, that a life insurance producer who is operating as a life settlement broker pursuant to this Code section shall not be subject to the requirements of this subsection. Any person failing to meet the requirements of this subsection shall be subject to the penalties imposed by the Commissioner. 33-59-4. (a) The Commissioner may refuse to issue, suspend, revoke, or refuse to renew the license of a life settlement provider any licensee if the Commissioner finds that: (1) There was any material misrepresentation in the application for the license; (2) The licensee or any officer, partner, member, or key management personnel director has been convicted guilty of fraudulent or dishonest practices, is subject to a final administrative action, or is otherwise shown to be untrustworthy or incompetent to act as a licensee; (3) The licensee provider demonstrates a pattern of unreasonable unreasonably withholding payments to sellers policy owners; (4) The licensee no longer meets the requirements for initial licensure; (4)(5) The licensee or any officer, partner, member, or key management personnel director has been found guilty convicted of, or has pleaded guilty or nolo contendere to, any a felony, or to a any misdemeanor of which criminal fraud is an element; or the licensee has pleaded guilty or nolo contendere with respect to any felony or any misdemeanor of which criminal involving fraud or moral turpitude, is an element regardless of whether a judgment or of conviction has been entered by the court; (5)(6) The licensee provider has entered into any life settlement contract that has not been approved pursuant to this chapter; (6)(7) The licensee provider has failed to honor contractual obligations set out in a life settlement contract; (7) The licensee no longer meets the requirements for initial licensure; (8) The licensee provider has assigned, transferred, or pledged a purchased settled policy to a person other than a life settlement provider licensed in this state, purchaser, an accredited investor or qualified institutional buyer as defined, respectively, in Regulation D, Rule 501, or Rule 144A of the Federal federal Securities Act of 1933, as amended, a financing entity, a special purpose entity, or a WEDNESDAY, MARCH 5, 2008 1397 related provider trust; or (9) The applicant or licensee or any officer, partner, member, or key management personnel or any life insurance producer has violated a provision any of the provisions of this chapter; or (10) The provider has failed to maintain an adequate net worth. (b) The Before the Commissioner may suspend, revoke, or refuse denies a license application or suspends, revokes, or refuses to renew the license of a life insurance producer if the Commissioner finds that such life insurance producer has violated the provisions of any licensee under this chapter, the Commissioner shall conduct a hearing in accordance with Chapter 2 of this title. (c) If the Commissioner denies a license application or suspends, revokes, or refuses to renew the license of a life settlement provider or suspends, revokes, or refuses to renew a license of a life insurance producer pursuant to this chapter, the Commissioner shall conduct a hearing in accordance with Chapter 13 of Title 50. 33-59-5. (a) A No person may not use a any form of life settlement contract or provide to a seller a disclosure statement form in this state unless it has been filed with and approved, if required, by the Commissioner in a manner that conforms with the filing procedures and any time restrictions or deeming provisions, if any, for life insurance forms, policies, and contracts. (b) No insurer may, as a condition of responding to a request for verification of coverage or in connection with the transfer of a policy pursuant to a life settlement contract, require that the owner, insured, provider, or life settlement broker sign any form, disclosure, consent, waiver, or acknowledgment that has not been expressly approved by the Commissioner for use in connection with life settlement contracts in this state. (c) A person shall not use a life settlement contract form or provide to an owner a disclosure statement form in this state unless first filed with and approved by the Commissioner. The Commissioner shall disapprove a Any life settlement contract form or disclosure statement form filed with the Commissioner shall be deemed approved if it has not been disapproved within 60 days of the filing. The Commissioner shall disapprove a life settlement contract form or disclosure statement form if, in the Commissioners opinion, the contract or provisions contained in it therein fail to meet the requirements of Code Sections 33-59-8, 33-59-9, 33-59-11, and 33-59-15 or are unreasonable, contrary to the interests of the public, or otherwise misleading or unfair to the seller owner. At the Commissioners discretion, the Commissioner may require the submission of advertising material. 33-59-6. (a)(1) Each life settlement For any policy settled within five years of policy issuance, each provider shall file with the Commissioner by March first on or before May 1 of each year an annual statement containing such information as the Commissioner 1398 JOURNAL OF THE SENATE prescribes may prescribe by rule or regulation. In addition to any other requirements, the annual statement shall specify the total number, aggregate face amount, and life settlement proceeds of policies settled during the immediately preceding calendar year, together with a breakdown of the information by policy issue year. The annual statement shall also include the names of the insurance companies whose policies have been settled and the life settlement brokers that have settled said policies. (2) Such This information is shall be limited to only those transactions where the seller insured is a resident of this state and does shall not include individual transaction data regarding the business of life settlements or data which compromises the privacy of personal, financial, and health information of the seller information that there is a reasonable basis to believe could be used to identify the owner or the insured. (3) Every provider that willfully fails to file an annual statement as required in this Code section or willfully fails to reply within 30 days to a written inquiry by the Commissioner in connection therewith, shall, in addition to other penalties provided by this chapter, be subject, upon due notice and opportunity to be heard, to a penalty of up to $250.00 per day of delay, not to exceed $25,000.00 in the aggregate, for each such failure. (b) Except as otherwise allowed or required by law, a life settlement provider, life settlement broker, insurance company, life insurance producer, information bureau, rating agency or company, or another any other person with actual knowledge of a sellers or an insureds identity may shall not disclose that the identity as a seller or of an insured or the sellers or insureds financial or medical information that there is a reasonable basis to believe could be used to identify the insured or the insureds financial or medical information to another any other person unless the disclosure is: (1) Necessary Is necessary to effect a life settlement contract between the seller owner and a life settlement provider and the seller or owner and insured or both, as may be required, have provided prior written consent to the disclosure; (2) Is necessary to effectuate the sale of life settlement contracts, or interests therein, as investments, provided that the sale is conducted in accordance with applicable state and federal securities law and provided further that the owner and the insured have both provided prior written consent to the disclosure; (2)(3) Provided Is provided in response to an investigation or examination by the Commissioner or another any other governmental officer or agency or pursuant to the requirements of Code Section 33-59-7; (3)(4) A Is a term of or condition to the transfer of a policy by one life settlement provider to another life settlement provider, in which case the receiving provider shall be required to comply with the confidentiality requirements of this subsection; (4) Necessary to permit a financing entity, related provider trust, or special purpose entity to finance the purchase of policies by a life settlement provider and the seller and insured have provided prior written consent to the disclosure; (5) Necessary Is necessary to allow the life settlement provider or life settlement broker or its their authorized representatives to make contacts for the purpose of WEDNESDAY, MARCH 5, 2008 1399 determining health status. For the purposes of this paragraph, the term 'authorized representative' shall not include any person who has or may have any financial interest in the settlement contract other than a provider, registered life settlement broker, financing entity, related provider trust, or special purpose entity. A provider or life settlement broker shall require its authorized representative to agree in writing to adhere to the privacy provisions of this chapter; or (6) Required Is required to purchase stop-loss coverage. (c) Nonpublic personal information solicited or obtained in connection with a proposed or actual life settlement contract shall be subject to the provisions applicable to financial institutions under the federal Gramm-Leach-Bliley Act, P.L. 106-102 (1999), and all other state and federal laws relating to confidentiality of nonpublic personal information. 33-59-7. (a) Authority, scope, and scheduling of examinations. (1) The Commissioner may, when the Commissioner deems it reasonably necessary to protect the interests of the public, conduct an examination under this chapter of a licensee as often as the Commissioner in his or her sole discretion deems appropriate examine the business and affairs of any licensee or applicant for a license. The Commissioner may order any licensee or applicant to produce any records, books, files, or other information reasonably necessary to ascertain whether such licensee or applicant is acting or has acted in violation of the law or otherwise contrary to the interests of the public. The expenses incurred in conducting any examination shall be paid by the licensee or applicant. (2) For purposes of completing an examination of a licensee under this chapter, the Commissioner may examine or investigate any person, or the business of any person, in so far as the examination or investigation is, in the sole discretion of the Commissioner, necessary or material to the examination of the licensee. (3)(b) In lieu of an examination under this chapter of any foreign or alien licensee licensed in this state, the Commissioner may, at the Commissioners discretion, accept an examination report on the licensee as prepared by the commissioner Commissioner for the licensees state of domicile or port-of-entry state. (c) Names of and individual identification data for all owners and insureds shall be considered private and confidential information and shall not be disclosed by the Commissioner unless required by law. (b)(d) Record retention requirements. Records of all consummated transactions and life settlement contracts shall be maintained by the provider for three years after the death of the insured and shall be available to the Commissioner for inspection during reasonable business hours. (1) A person required to be licensed by this chapter shall for five years retain copies of all: (A) Proposed, offered, or executed contracts, underwriting documents, policy forms, and applications from the date of the proposal, offer, or execution of the 1400 JOURNAL OF THE SENATE contract, whichever is later; (B) All checks, drafts, or other evidence and documentation related to the payment, transfer, deposit, or release of funds from the date of the transaction; and (C) All other records and documents related to the requirements of this chapter. (2) This Code section does not relieve a person of the obligation to produce these documents to the Commissioner after the retention period has expired if the person has retained the documents. (3) Records required to be retained by this Code section shall be legible and complete and may be retained in paper, photograph, micro process, magnetic, mechanical, or electronic media or by any process that accurately reproduces or forms a durable medium for the reproduction of a record. (c)(e) Conduct of examinations. (1) Upon determining that an examination should be conducted, the Commissioner shall issue an examination warrant appointing one or more examiners to perform the examination and instructing them as to the scope of the examination. In conducting the examination, the examiner shall observe those guidelines and procedures set forth in the Examiners Handbook adopted by the National Association of Insurance Commissioners. The Commissioner may also employ such other guidelines or procedures as the Commissioner may deem appropriate use methods common to the examination of any life settlement licensee and should use those guidelines and procedures set forth in an examiners handbook adopted by a national organization. The Commissioner may also employ such other guidelines as the Commissioner may deem appropriate. (2) Every licensee or person from whom information is sought, and its officers, directors, and agents shall provide to the examiners timely, convenient, and free access at all reasonable hours at its offices to all books, records, accounts, papers, documents, assets, and computer or other recordings relating to the property, assets, business, and affairs of the licensee being examined. The officers, directors, employees, and agents of the licensee or person shall facilitate the examination and aid in the examination so far as it is in their power to do so. The refusal of a licensee, by its officers, directors, employees, or agents, to submit to examination or to comply with any reasonable written request of the Commissioner shall be grounds for suspension or refusal of or nonrenewal of any license or authority held by the licensee to engage in the life settlement business or other business subject to the Commissioners jurisdiction. Any proceedings for suspension, revocation, or refusal of any license or authority shall be conducted pursuant to Code Section 33-2-24 Chapter 2 of this title. (3) The Commissioner shall have the power to issue subpoenas, to administer oaths, and to examine under oath any person as to any matter pertinent to the examination. Upon the failure or refusal of a person to obey a subpoena, the Commissioner may petition a court of competent jurisdiction and, upon proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey the court order shall be punishable as contempt of court. WEDNESDAY, MARCH 5, 2008 1401 (4) When making an examination under this chapter Code section, the Commissioner may retain attorneys, appraisers, independent actuaries, independent certified public accountants, or other professionals and specialists as examiners, the reasonable cost of which shall be borne by the licensee that is the subject of the examination. (5) Nothing contained in this chapter Code section shall be construed to limit the Commissioners authority to terminate or suspend an examination in order to pursue other legal or regulatory action pursuant to the insurance laws of this state. Findings of fact and conclusions made pursuant to any examination shall be prima-facie evidence in any legal or regulatory action. (6) Nothing contained in this chapter Code section shall be construed to limit the Commissioners authority to use and, if appropriate, to make public any final or preliminary examination report, any examiner or licensee work papers or other documents, or any other information discovered or developed during the course of any examination in the furtherance of any legal or regulatory action which the Commissioner may, in his or her sole discretion, deem appropriate. (7) The licensee shall pay the charges incurred in the examination, including the expenses of the Commissioner or his or her designee and the expenses and compensation of the Commissioners examiners and assistants. If a licensee feels the fees assessed are unreasonable in relation to the examination performed, the licensee may appeal the assessments pursuant to Chapter 13 of Title 50. If no hearing is requested or if after a hearing and appeal process the licensee refuses or fails to pay, the Commissioner or his or her designee shall promptly institute a civil action to recover the expenses of examination against a licensee. (d)(f) Examination reports. (1) Examination reports shall comprise only facts appearing upon the books, records, or other documents of the licensee, its agents, or other persons examined or as ascertained from the testimony of its the licensees officers or agents or other persons examined concerning its the licensees affairs, and such conclusions and recommendations as the examiners find reasonably warranted from the facts. (2) No later than 60 days following completion of the examination, the examiner in charge shall file with the Commissioner a verified written report of examination under oath. Upon receipt of the verified report, the Commissioner shall transmit the report to the licensee examined, together with a notice that shall afford the licensee examined a reasonable opportunity of not more than 30 days to make a written submission or rebuttal with respect to any matters contained in the examination report and which shall become part of the report or to request a hearing on any matter in dispute if the Commissioner deems such written submission or rebuttal comments appropriate and consistent with the findings of the examination. (3) Within 30 days of the end of the period allowed for the receipt of written submissions or rebuttals, the Commissioner shall fully consider and review the report, together with any written submissions or rebuttals and any relevant portions of the examiners work papers and enter an order: (A) Adopting the examination report as filed or with modification or corrections. If 1402 JOURNAL OF THE SENATE the examination report reveals that the company is operating in violation of any law, rule, or prior order of the Commissioner, the Commissioner may order the company to take any action the Commissioner considers necessary and appropriate to cure the violation; (B) Rejecting the examination report with directions to the examiners to reopen the examination for purposes of obtaining additional data, documentation, or information and refiling; or (C) Calling for an investigatory hearing with no less than 20 days notice to the company for purposes of obtaining additional documentation, data, information, and testimony. (4) All orders entered pursuant to this subsection shall be accompanied by findings and conclusions resulting from the Commissioners consideration and review of the examination report, relevant examiner work papers, and any written submissions or rebuttals. Any order issued pursuant to subparagraph (A) of paragraph (3) of this subsection shall be considered a final administrative decision and may be appealed pursuant to Chapter 13 of Title 50 and shall be served upon the company by certified mail or statutory overnight delivery, together with a copy of the adopted examination report. Within 30 days of the issuance of the adopted report the company shall file affidavits executed by each of its directors stating under oath that they have received a copy of the adopted report and related orders. (5) Hearings conducted pursuant to this Code section shall be subject to the following requirements: (A) Any hearing conducted pursuant to this Code section by the Commissioner or the Commissioners authorized representative shall be conducted as a nonadversarial confidential investigatory proceeding as necessary for the resolution of any inconsistencies, discrepancies, or disputed issues apparent upon the face of the filed examination report or raised by or as a result of the Commissioners review of relevant work papers or by the written submission or rebuttal of the company. Within 20 days of the conclusion of any hearing, the Commissioner shall enter an order pursuant to paragraph (3) of this subsection; (B) The Commissioner may not appoint an examiner as an authorized representative to conduct the hearing. The hearing shall proceed expeditiously with discovery by the company limited to the examiners work papers which tend to substantiate any assertions set forth in any written submission or rebuttal. The Commissioner or the Commissioners representative may issue subpoenas for the attendance of any witnesses or the production of any documents considered relevant to the investigation whether under the control of the Commissioner, the company, or other persons. The documents produced shall be included in the record and testimony taken by the Commissioner or the Commissioners representative shall be under oath and preserved for the record. Nothing contained in this Code section shall require the Commissioner to disclose any information or records which would indicate or show the existence or content of any investigation or activity of a criminal justice agency; and WEDNESDAY, MARCH 5, 2008 1403 (C) The hearing shall proceed with the Commissioner or the Commissioners representative posing questions to the persons subpoenaed. Thereafter, the company and the department may present testimony relevant to the investigation. Crossexamination may be conducted only by the Commissioner or the Commissioners representative. The company and the Commissioner shall be permitted to make closing statements and may be represented by counsel of their choice. (6)(3) In the event the Commissioner determines that regulatory action is appropriate as a result of an examination, the Commissioner may initiate any proceedings or actions provided by law. (e)(g) Confidentiality of examination information. (1) Names and individual identification data for all sellers owners, purchasers, and insureds shall be considered private and confidential information and shall not be disclosed by the Commissioner, unless the disclosure is to another regulator or is required by law. (2)(A) Except as otherwise provided in this chapter, all examination reports, working papers, recorded information, documents, and copies thereof produced by, obtained by, or disclosed to the Commissioner or any other person in the course of an examination made under this chapter or in the course of analysis or investigation by the Commissioner of the financial condition or market conduct of a licensee are: shall be (i) Confidential confidential by law and privileged;, (ii) Not shall not be subject to the provisions of Article 4 of Chapter 18 of Title 50;, (iii) Not shall not be subject to subpoena;, and (iv) Not shall not be subject to discovery or admissible in evidence in any private civil action. (B) The Commissioner is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as part of the Commissioners official duties. The licensee being examined may have access to all documents used to make the report except documents and work papers that the Commissioner has deemed privileged. (3) Documents, materials, or other information, including, but not limited to, all working papers, and copies thereof, in the possession or control of the National Association of Insurance Commissioners and its affiliates and subsidiaries are: (A) Confidential by law and privileged; (B) Not subject to subpoena; and (C) Not subject to discovery or admissible in evidence in any private civil action if they are: (i) Created, produced, or obtained by or disclosed to the National Association of Insurance Commissioners and its affiliates and subsidiaries in the course of assisting an examination made under this chapter or assisting an insurance commissioner in the analysis or investigation of the financial condition or market conduct of a licensee; or 1404 JOURNAL OF THE SENATE (ii) Disclosed to the National Association of Insurance Commissioners and its affiliates and subsidiaries under paragraph (5) of this subsection by the Commissioner. (4) For the purposes of paragraph (2) of this subsection, 'chapter' includes the law of another state or jurisdiction that is substantially similar to this chapter. (5) The Commissioner or any person that received the documents, material, or other information while acting under the authority of the Commissioner, including the National Association of Insurance Commissioners and its affiliates and subsidiaries, is permitted to testify in any private civil action concerning any confidential documents, materials, or information subject to paragraph (1) of this subsection. (6) In order to assist in the performance of the Commissioners duties, the Commissioner: (A) May share documents, materials, or other information, including the confidential and privileged documents, materials, or information subject to paragraph (1) of this subsection, with other state, federal, and international regulatory agencies, with the National Association of Insurance Commissioners and its affiliates and subsidiaries, and with state, federal, and international law enforcement authorities, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material, communication, or other information; (B) May receive documents, materials, communications, or information, including otherwise confidential and privileged documents, materials, or information, from the National Association of Insurance Commissioners and its affiliates and subsidiaries and from regulatory and law enforcement officials of other foreign or domestic jurisdictions and shall maintain as confidential or privileged any document, material, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information; and (C) May enter into agreements governing sharing and use of information consistent with this subsection. (7) No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the Commissioner under this Code section or as a result of sharing as authorized in paragraph (5) of this subsection. (8) A privilege established under the law of any state or jurisdiction that is substantially similar to the privilege established under this subsection shall be available and enforced in any proceeding in and in any court of this state. (9) Nothing contained in this chapter shall prevent or be construed as prohibiting the Commissioner from disclosing the content of an examination report, preliminary examination report, or results, or any matter relating thereto, to the insurance commissioner of any other state or country or to law enforcement officials of this or any other state or agency of the federal government at any time or to the National Association of Insurance Commissioners, so long as such agency or office receiving WEDNESDAY, MARCH 5, 2008 1405 the report or matters relating thereto agrees in writing to hold it confidential and in a manner consistent with this chapter. (f)(h) Conflict of interest. (1) An examiner may not be appointed by the Commissioner if the examiner, either directly or indirectly, has a conflict of interest or is affiliated with the management of or owns a pecuniary interest in any person subject to examination under this chapter. This Code section subsection shall not be construed to automatically preclude automatically an examiner from being: (A) A seller An owner; (B) An insured in a purchased life settlement contract or insurance policy; or (C) A beneficiary in an insurance policy that is proposed to be the subject of for a life settlement contract. (2) Notwithstanding the requirements of this subsection, the Commissioner may retain from time to time, on an individual basis, qualified actuaries, certified public accountants, or other similar individuals who are independently practicing their professions even though these persons may from time to time be similarly employed or retained by persons subject to examination under this chapter. (g) Cost of examinations. The expenses incurred in conducting any examination shall be paid by the licensee or applicant. (h)(i) Immunity from liability. (1) No cause of action shall arise nor shall any liability be imposed against the Commissioner, the Commissioners authorized representatives, or any examiner appointed by the Commissioner for any statements made or conduct performed in good faith while carrying out the provisions of this chapter. (2) No cause of action shall arise, nor shall any liability be imposed against any person, for the act of communicating or delivering information or data to the Commissioner or the Commissioners authorized representative or examiner pursuant to an examination made under this chapter, if the act of communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive. This paragraph does not abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person identified in paragraph (1) of this subsection. (3) A person identified in paragraph (1) or (2) of this subsection shall be entitled to an award of attorneys fees and costs if he or she is the prevailing party in a civil cause of action for libel, slander, or any other relevant tort arising out of activities in carrying out the provisions of this chapter and the party bringing the action was not substantially justified in doing so. For purposes of this paragraph subsection, a proceeding is 'substantially justified' if it had a reasonable basis in law or fact at the time that it was initiated. (i)(j) Investigative authority of the commissioner. The Commissioner may investigate suspected fraudulent life settlement acts and persons engaged in the business of life settlements. 1406 JOURNAL OF THE SENATE 33-59-8. (a) A registered life settlement broker or licensed provider who are registered or licensed pursuant to this chapter may conduct or participate in advertisements within this state. Such advertisements shall comply with all advertising and marketing laws of this state and rules and regulations promulgated by the Commissioner that are applicable to life insurers or to life settlement brokers and providers licensed pursuant to this chapter. (b) Advertisements shall be accurate, truthful, and not misleading in fact or by implication. (c) No person or trust shall: (1) Directly or indirectly, market, advertise, solicit, or otherwise promote the purchase of a policy for the sole purpose of or with an emphasis on settling the policy; or (2) Use the words 'free,' 'no cost,' or words of similar import in the marketing, advertising, soliciting, or otherwise promoting of the purchase of a policy. 33-59-8. 33-59-9. (a) With each application for a life settlement contract, a life settlement The provider or life insurance producer shall provide the seller with at least the following disclosures no later than the time the application for the life settlement contract is signed by all parties. The disclosures shall be provided provide in writing, in a separate document that is signed by the seller owner and the life settlement provider, or life insurance producer and shall provide the following information to the owner no later than the date the life settlement contract is signed by all parties: (1) That there exist The fact that possible alternatives to a life settlement contract contracts exist, including, but not limited to, any accelerated death benefits or policy loans offered under the sellers by the issuer of the life insurance policy; (2) That The fact that some or all of the proceeds of the a life settlement contract may be taxable under federal income tax and state franchise and income taxes and that assistance may should be sought from a professional tax adviser; (3) That The fact that the proceeds of the from a life settlement contract may could be subject to the claims of creditors; (4) That The fact that receipt of the proceeds of from a life settlement contract may adversely affect the sellers recipients eligibility for Medicaid public assistance or other government benefits or entitlements and that advice may should be obtained from the appropriate government agencies; (5) That The fact that the seller owner has the a right to rescind terminate a life settlement contract before the earlier of 30 calendar within 15 days after of the date upon which the life settlement contract it is executed by all parties or for 15 calendar days after the receipt of the life settlement proceeds by the seller and the owner has received the disclosures contained in this Code section. Rescission, if exercised by the seller owner, is effective only if both notice of the rescission is given and repayment of the owner repays all proceeds and any premiums, loans, and loan WEDNESDAY, MARCH 5, 2008 1407 interest to the life settlement paid on account of the provider is made within the rescission period. If the insured dies during the rescission period, the life settlement contract is shall be deemed to have been rescinded, subject to repayment being made to the life settlement provider within the rescission period by the owner or the owners estate of all life settlement proceeds and any premiums, loans, and loan interest to the provider; (6) That funds shall The fact that proceeds will be sent to the seller owner within three business days after the life settlement provider has received the insurer or group administrators acknowledgment that ownership of the purchased policy or interest in the certificate has been transferred and the beneficiary has been designated in accordance with the terms of the life settlement contract; (7) That The fact that entering into a life settlement contract may cause other rights or benefits, including conversion rights and waiver of premium benefits that may exist under the policy or certificate of a group policy, to be forfeited by the seller owner and that assistance may should be sought from a professional financial adviser; (8) The amount and method of calculating the compensation paid or to be paid to the life settlement broker or any other person acting for the owner in connection with the transaction, where the term 'compensation' includes any thing of value paid or given; (9) The date by which the funds will be available to the owner and the transmitter of the funds; (8)(10) The fact that That the disclosure to a seller shall include distribution of a brochure, approved by the Commissioner, describing the process of life settlements shall require delivery of a buyers guide or a similar consumer advisory package in the form prescribed by the Commissioner to owners during the solicitation process; (9)(11) That the The disclosure document shall contain the following language: 'All medical, financial, or personal information solicited or obtained by a life settlement provider or a life insurance producer life settlement broker about an insured, including the insureds identity or the identity of family members, a spouse, or a significant other, may be disclosed as necessary to effect the life settlement contract between the seller owner and the life settlement provider. If you are asked to provide this information, you will be asked to consent to the disclosure. The information may be provided to someone who buys the policy or provides funds for the purchase. You may be asked to renew your permission to share information every two years.'; and (12) The fact that the Commissioner shall require providers and life settlement brokers to print separate signed fraud warnings on their applications and on their life settlement contracts as follows: 'Any person who knowingly presents false information in an application for insurance or life settlement contract is guilty of a crime and may be subject to fines and confinement in prison.'; (10)(13) The fact that That the insured may be contacted by either the life settlement provider or life settlement broker or its authorized representative for the purpose of determining the insureds health status or to verify the insureds address. This contact 1408 JOURNAL OF THE SENATE is limited to once every three months if the insured has a life expectancy of more than one year and no more than once each per month if the insured has a life expectancy of one year or less.; (14) The affiliation, if any, between the provider and the issuer of the insurance policy to be settled; (15) That a life settlement broker represents exclusively the owner, and not the insurer or the provider or any other person, and owes a fiduciary duty to the owner, including a duty to act according to the owners instructions and in the best interest of the owner; (16) The document shall include the name, address, and telephone number of the provider; (17) The name, business address, and telephone number of the independent thirdparty escrow agent, and the fact that the owner may inspect or receive copies of the relevant escrow or trust agreements or documents; and (18) The fact that a change of ownership could in the future limit the insureds ability to purchase future insurance on the insureds life because there is a limit to how much coverage insurers will issue on one life. (b) The written disclosures shall be conspicuously displayed in any life settlement contract furnished to the owner by a provider including any affiliations or contractual arrangements between the provider and the life settlement broker. (b)(c) A life settlement broker A life settlement provider shall provide the seller owner and the provider with at least the following disclosures no later than the date the life settlement contract is signed by all parties. The disclosures shall be conspicuously displayed conspicuously in the life settlement contract or in a separate document signed by the seller and the life settlement provider owner and provide the following information: (1) The affiliation, if any, between the life settlement provider and the issuer of the insurance policy to be acquired pursuant to a life settlement contract; (2)(1) The name, business address, and telephone number of the life settlement provider broker; (3) If a policy to be acquired pursuant to a life settlement contract has been issued as a joint policy or involves family riders or any coverage of a life other than the insured under the policy to be acquired pursuant to a life settlement contract, the seller shall be informed of the possible loss of coverage on the other lives under the policy and shall be advised to consult with his or her insurance producer or the insurer issuing the policy for advice on the proposed life settlement contract; (4) The dollar amount of the current death benefit payable to the life settlement provider under the policy. If known, the life settlement provider also shall disclose the availability of additional guaranteed insurance benefits, the dollar amount of accidental death and dismemberment benefits under the policy or certificate, and the life settlement providers interest in those benefits; and (5) The name, business address, and telephone number of the independent third-party escrow agent and the fact that the seller may inspect or receive copies of the relevant WEDNESDAY, MARCH 5, 2008 1409 escrow or trust agreements or documents. (2) A full, complete, and accurate description of all the offers, counter-offers, acceptances, and rejections relating to the proposed life settlement contract; (3) A written disclosure of any affiliations or contractual arrangements between the life settlement broker and any person making an offer in connection with the proposed life settlement contracts; (4) The name of each life settlement broker who receives compensation and the amount of compensation received by that life settlement broker, which compensation includes any thing of value paid or given to the life settlement broker in connection with the life settlement contract; and (5) A complete reconciliation of the gross offer or bid by the provider to the net amount of proceeds or value to be received by the owner. For the purpose of this subsection, gross offer or bid shall mean the total amount or value offered by the provider for the purchase of one or more life insurance policies, inclusive of commissions and fees. (c) If the life settlement provider transfers ownership or changes the beneficiary of the policy, the life settlement provider shall communicate the change in ownership or beneficiary to the insured within 20 days after the change. (d) The failure to provide the disclosures or rights described in this Code section shall be deemed an unfair trade practice pursuant to Code Section 33-59-17. 33-59-10. (a) Without limiting the ability of an insurer from assessing the insurability of a policy applicant and determining whether or not to issue the policy and in addition to other questions an insurance carrier may lawfully pose to a life insurance applicant, insurance carriers may inquire in the application for insurance whether the proposed owner intends to pay premiums with the assistance of financing from a lender that will use the policy as collateral to support the financing. (b) If, as described in paragraph (11) of Code Section 33-59-2, the loan provides funds which can be used for a purpose other than paying for the premiums, costs, and expenses associated with obtaining and maintaining the life insurance policy and loan, the application shall be rejected as a violation of the prohibited practices in Code Section 33-59-13. (c) If the financing does not violate Code Section 33-59-13 in this manner, the insurance carrier: (1) May make disclosures, including, but not limited to, such as the following, to the applicant and the insured, either on the application or an amendment to the application to be completed no later than the delivery of the policy: 'If you have entered into a loan arrangement where the policy is used as collateral and the policy does change ownership at some point in the future in satisfaction of the loan, the following may be true: (A) A change of ownership could lead to a stranger owning an interest in the insureds life; 1410 JOURNAL OF THE SENATE (B) A change of ownership could in the future limit your ability to purchase future insurance on the insureds life because there is a limit to how much coverage insurers will issue on one life; (C) Should there be a change of ownership and you wish to obtain more insurance coverage on the insureds life in the future, the insureds higher issue age, a change in health status, or other factors may reduce the ability to obtain coverage or may result in significantly higher premiums; and (D) You should consult a professional adviser since a change in ownership in satisfaction of the loan may result in tax consequences to the owner, depending on the structure of the loan.'; and (2) May require certifications, such as the following, from the applicant and the insured: '(A) I have not entered into any agreement or arrangement providing for the future sale of this life insurance policy; (B) My loan arrangement for this policy provides funds sufficient to pay for some or all of the premiums, costs, and expenses associated with obtaining and maintaining my life insurance policy, but I have not entered into any agreement by which I am to receive consideration in exchange for procuring this policy; and (C) The borrower has an insurable interest in the insured.' 33-59-9. 33-59-11. (a)(1) A life settlement provider entering into a life settlement contract, wherein the insured is terminally or chronically ill, shall first shall obtain: (A)(1) If the seller owner is the insured, a written statement from a licensed attending physician that the seller owner is of sound mind and under no constraint or undue influence to enter into a life settlement contract; and (B)(2) A document in which the insured consents to the release of his or her medical records to a life settlement provider, life settlement broker, or insurance producer and, if the policy was issued less than two years from the date of application for a life settlement contract, to the insurance company that issued the policy. (2)(b) The insurer shall respond to a request for verification of coverage submitted by a life settlement provider, life settlement broker, or life insurance producer not later than 30 calendar days from after the date the request is received. The request for verification of coverage shall must be made on a form approved by the Commissioner. The insurer shall complete and issue the verification of coverage or indicate in which respects it is unable to respond. In its response, the insurer shall indicate whether, based on the medical evidence and documents provided, the insurer intends to pursue an investigation at this time regarding the validity of the insurance contract or possible fraud and shall provide sufficient detail of all reasons for the investigation to the life settlement provider or the life insurance producer. (3)(c) Before or at the time of execution of the life settlement contract, the life settlement provider shall obtain a witnessed document in which the seller owner consents to the life settlement contract, represents that the seller owner has a full and WEDNESDAY, MARCH 5, 2008 1411 complete understanding of the life settlement contract, represents that the seller owner has a full and complete understanding of the benefits of the policy, acknowledges that the seller owner is entering into the life settlement contract freely and voluntarily, and, for persons with a terminal or chronic illness or condition, acknowledges that the insured has a terminal or chronic illness and that the terminal or chronic illness or condition was diagnosed after the policy was issued. (4) If a life insurance producer performs any of these activities required of the life settlement provider, the life settlement provider is deemed to have fulfilled the requirements of this Code section. (d) The insurer shall not unreasonably delay effecting change of ownership or beneficiary with any life settlement contract lawfully entered into in this state or with a resident of this state. (e) If a life settlement broker or life insurance producer performs any of these activities required of the provider, the provider is deemed to have fulfilled the requirements of this Code section. (f) If a life settlement broker performs those verification of coverage activities required of the provider, the provider is deemed to have fulfilled the requirements of subsection (a) of Code Section 33-5-9. (g) Within 20 days after an owner executes the life settlement contract, the provider shall give written notice to the insurer that issued that insurance policy that the policy has become subject to a life settlement contract. The notice shall be accompanied by the documents required by Code Section 33-59-10. (b)(h) Medical All medical information solicited or obtained by a any licensee is shall be subject to the applicable provisions provision of state law relating to confidentiality of medical or protected health information if not otherwise provided in this chapter. (c)(i) A All life settlement contract contracts entered into in this state shall provide that the seller with an unconditional right to owner may rescind the contract on or before the earlier of 30 calendar 15 days after the date upon which the life settlement contract it is executed by all parties or 15 calendar days after the receipt of the life settlement proceeds by the seller thereto. Rescission, if exercised by the seller owner, is effective only if both notice of the rescission is given and repayment of the owner repays all proceeds and any premiums, loans, and loan interest to the life settlement provider is made paid on account of the provider within the rescission period. If the insured dies during the rescission period, the life settlement contract shall be deemed to have been rescinded, subject to repayment by the owner or the owners estate of all life settlement proceeds and any premiums, loans, and loan interest to the life settlement provider. (j)(d) The life settlement provider shall instruct the seller to send the executed documents required to effect the change in ownership, assignment, or change in beneficiary directly to the independent escrow agent. Within three business days after the date the escrow agent receives the receipt from the owner of documents or from the date the life settlement provider receives the documents, if the seller erroneously provides the documents directly to the life settlement provider to effect the transfer of the insurance policy, the life settlement provider shall pay or transfer the proceeds of 1412 JOURNAL OF THE SENATE the life settlement contract into to an escrow or trust account maintained managed by a trustee or escrow agent in a state or federally chartered financial institution whose deposits are insured by the Federal Deposit Insurance Corporation. Upon payment of the life settlement proceeds into the escrow account, the escrow agent shall deliver the original change in ownership, assignment, or change in beneficiary forms to the life settlement provider or related provider trust . Upon the escrow agents receipt of the acknowledgment of the properly completed transfer of ownership, assignment, or designation of beneficiary from the insurance company, the escrow agent shall pay the life settlement proceeds to the seller pending acknowledgment of the transfer by issuer of the policy. The trustee or escrow agent shall be required to transfer the proceeds due to the owner within three business days of acknowledgment of the transfer from the insurer. (e)(k) Failure to tender consideration the life settlement contract proceeds to the seller for the life settlement contract within the time owner by the date disclosed to the owner renders the life settlement contract voidable by the seller owner for lack of consideration until the time consideration is the proceeds are tendered to and accepted by the seller owner. A failure to give written notice of the right of rescission hereunder shall toll the right of rescission until 30 days after the written notice of the right of rescission has been given. (f) A contact with the insured, for the purpose of determining the health status of the insured by the life settlement provider after the life settlement contract has been executed, may only be made by the licensed life settlement provider or its authorized representatives and is limited to once every three months for insureds with a life expectancy of more than one year and not more than once each month for insureds with a life expectancy of one year or less. The life settlement provider shall explain the procedure for these contacts at the time the life settlement contract is entered into. The limitations provided for in this subsection do not apply to a contact with an insured for reasons other than determining the insureds health status. A life settlement provider is responsible for the actions of his or her authorized representatives. (l) Any fee paid by a provider, party, individual, or an owner to a life settlement broker in exchange for services provided to the owner pertaining to a life settlement contract shall be computed as a percentage of the offer obtained, not the face value of the policy. Nothing in this Code section shall be construed as prohibiting a life settlement broker from reducing such life settlement brokers fee below this percentage if the life settlement broker so chooses. (m) The life settlement broker shall disclose to the owner any thing of value paid or given to a life settlement broker, which relates to a life settlement contract. (n) No person at any time prior to, or at the time of, the application for, or issuance of, a policy, or during a two-year period commencing with the date of issuance of the policy, shall enter into a life settlement contract regardless of the date the compensation is to be provided and regardless of the date the assignment, transfer, sale, devise, bequest, or surrender of the policy is to occur. This prohibition shall not apply if the owner certifies to the provider that: WEDNESDAY, MARCH 5, 2008 1413 (1) The policy was issued upon the owners exercise of conversion rights arising out of a group or individual policy, provided that the total of the time covered under the conversion policy plus the time covered under the prior policy is at least 24 months. The time covered under a group policy must be calculated without regard to a change in insurance carriers, provided that the coverage has been continuous and under the same group sponsorship; or (2) The owner submits independent evidence to the provider that one or more of the following conditions have been met within the two-year period: (A) The owner or insured is terminally or chronically ill; (B) The owner or insured disposes of his or her ownership interests in a closely held corporation, pursuant to the terms of a buyout or other similar agreement in effect at the time the insurance policy was initially issued; (C) The owners spouse dies; (D) The owner divorces his or her spouse; (E) The owner retires from full-time employment; (F) The owner becomes physically or mentally disabled and a physician determines that the disability prevents the owner from maintaining full-time employment; or (G) A final order, judgment, or decree is entered by a court of competent jurisdiction, on the application of a creditor of the owner, adjudicating the owner bankrupt or insolvent, or approving a petition seeking reorganization of the owner or appointing a receiver, trustee, or liquidator to all or a substantial part of the owners assets. Copies of the independent evidence required by paragraph (2) of this subsection shall be submitted to the insurer when the provider submits a request to the insurer for verification of coverage. The copies shall be accompanied by a letter of attestation from the provider that the copies are true and correct copies of the documents received by the provider. Nothing in this Code section shall prohibit an insurer from exercising its right to contest the validity of any policy. If the provider submits to the insurer a copy of independent evidence provided for in subparagraph (A) of paragraph (2) of this subsection when the provider submits a request to the insurer to effect the transfer of the policy to the provider, the copy is deemed to establish that the settlement contract satisfies the requirements of this subsection. 33-59-10. It is a violation of this chapter for a person to enter into a life settlement contract within a two-year period commencing with the date of issuance of the policy unless the seller certifies to the life settlement provider that one or more of the following conditions have been met within the two-year period: (1) The policy was issued upon the sellers exercise of conversion rights arising out of a group or individual policy, provided the total of the time covered under the conversion policy plus the time covered under the prior policy is at least 24 months. The time covered under a group policy shall be calculated without regard to a change in insurance carriers, provided the coverage has been continuous and under the same 1414 JOURNAL OF THE SENATE group sponsorship; or (2)(A) The seller submits independent evidence to the life settlement provider that one or more of the following conditions have been met within the two-year period: (i) The seller or insured is terminally or chronically ill; or (ii) The seller or insured disposes of his or her ownership interests in a closely held corporation, pursuant to the terms of a buyout or other similar agreement in effect at the time the insurance policy was initially issued. (B) Copies of the independent evidence described in paragraph (2) of this Code section and documents required in subsection (a) of Code Section 33-59-9 shall be submitted to the insurer when the life settlement provider submits a request to the insurer for verification of coverage. The copies shall be accompanied by a letter of attestation from the life settlement provider that the copies are true and correct copies of the documents received by the life settlement provider; (C) If the life settlement provider submits to the insurer a copy of independent evidence provided for in subparagraph (A) of paragraph (2) of this Code section when the life settlement provider submits a request to the insurer to effect the transfer of the policy to the life settlement provider, the copy is deemed to conclusively establish that the life settlement contract satisfies the requirements of this Code section and the insurer shall respond timely to the request. 33-59-11. (a) The purpose of this Code section is to provide a prospective seller with clear and unambiguous statements in the advertisement of a life settlement contract and to assure the clear, truthful, and adequate disclosure of the benefits, risks, limitations, and exclusions of a life settlement contract. This purpose is to be accomplished by the establishment of guidelines and standards of permissible and impermissible conduct in the advertising of a life settlement contract to assure that a product description is presented in a manner that prevents unfair, deceptive, or misleading advertising and is conducive to accurate presentation and description of a life settlement contract through the advertising media and material used by a licensee. (b) This Code section applies to an advertising of a life settlement contract or a related product or service intended for dissemination in this state, including Internet advertising viewed by a person located in this state. Where disclosure requirements are established pursuant to federal regulation, this Code section shall be interpreted so as to minimize or eliminate conflict with federal regulation wherever possible. (c) Each life settlement licensee shall establish and at all times maintain a system of control over the content, form, and method of dissemination of an advertisement of its contracts, products, and services. An advertisement regardless of by whom written, created, designed, or presented, is the responsibility of the licensee, as well as the individual who created or presented the advertisement. A system of control by the licensee shall include regular routine notification, at least once a year, to agents and others authorized to disseminate advertisements of the requirements and procedures for approval before the use of an advertisement not furnished by the licensee. WEDNESDAY, MARCH 5, 2008 1415 (d) An advertisement shall be truthful and not misleading in fact or by implication. The form and content of an advertisement of a life settlement contract shall be sufficiently complete and clear so as to avoid deception. It may not have the capacity or tendency to mislead or deceive. Whether an advertisement has the capacity or tendency to mislead or deceive shall be determined by the Commissioner from the overall impression that the advertisement may be reasonably expected to create upon a person of average education or intelligence within the segment of the public to which it is directed. (e)(1) The information required to be disclosed under this Code section may not be minimized, rendered obscure, or presented in an ambiguous fashion or intermingled with the text of the advertisement so as to be confusing or misleading. (2) An advertisement may not omit material information or use words, phrases, statements, references, or illustrations if the omission or use has the capacity, tendency, or effect of misleading or deceiving the public as to the nature or extent of any benefit, loss covered, or state or federal tax consequence. The fact that the life settlement contract offered is made available for inspection before consummation of the sale or an offer is made to refund the payment if the seller is not satisfied or that the life settlement contract includes a 'free look' period that satisfies or exceeds legal requirements does not remedy misleading statements. (3) An advertisement may not use the name or title of a life insurance company or a life insurance policy unless the advertisement has been approved by the insurer. (4) An advertisement may not state or imply that interest charged on an accelerated death benefit or a policy loan is unfair, inequitable, or in any manner an incorrect or improper practice. (5) The words 'free,' 'no cost,' 'without cost,' 'no additional cost,' 'at no extra cost,' or words of similar import may not be used with respect to a benefit or service unless true. An advertisement may specify the charge for a benefit or service or may state that a charge is included in the payment or use other appropriate language. (6)(A) Any testimonial, appraisal, or analysis used in an advertisement shall: (i) Be genuine; (ii) Represent the current opinion of the author; (iii) Be applicable to the life settlement contract, product, or service advertised, if any; and (iv) Be accurately reproduced with sufficient completeness to avoid misleading or deceiving prospective sellers as to the nature or scope of any testimonial, appraisal, analysis, or endorsement. (B) In using any testimonials, appraisals, or analyses, the life settlement licensee makes as its own all the statements contained in them, and the statements are subject to all the provisions of this Code section. (C) If the individual making a testimonial, appraisal, analysis, or an endorsement has a financial interest in the life settlement provider or related entity as a stockholder, director, officer, employee, or otherwise, or receives a benefit, directly or indirectly, other than required union scale wages, that fact shall be disclosed 1416 JOURNAL OF THE SENATE prominently in the advertisement. (D) An advertisement may not state or imply that a life settlement contract, benefit, or service has been approved or endorsed by a group of individuals, society, association, or other organization, unless that is the fact and unless any relationship between an organization and the licensee is disclosed. If the entity making the endorsement or testimonial is owned, controlled, or managed by the licensee or receives payment or other consideration from the licensee for making an endorsement or testimonial, that fact shall be disclosed in the advertisement. (E) If an endorsement refers to benefits received under a life settlement contract, all pertinent information shall be retained for a period of five years after its use. (f) An advertisement may not contain statistical information unless it accurately reflects recent and relevant facts. The source of all statistics used in an advertisement shall be identified. (g) An advertisement may not disparage insurers, life settlement providers, insurance producers, policies, services, or methods of marketing. (h) The name of the life settlement licensee shall be identified clearly in all advertisements about the licensee or its life settlement contract, products, or services and, if any specific life settlement contract is advertised, the life settlement contract shall be identified either by form number or some other appropriate description. If an application is part of the advertisement, the name of the life settlement provider shall be shown on the application. (i) An advertisement may not use a trade name, group designation, name of the parent company of a licensee, name of a particular division of the licensee, service mark, slogan, symbol, or other device or reference without disclosing the name of the licensee, if the advertisement has the capacity or tendency to mislead or deceive as to the true identity of the licensee, or to create the impression that a company other than the licensee has any responsibility for the financial obligation under a life settlement contract. (j) An advertisement may not use any combination of words, symbols, or physical materials that by their content, phraseology, shape, color, or other characteristics are so similar to a combination of words, symbols, or physical materials used by a government program or agency or otherwise appear to be of such a nature that they tend to mislead prospective sellers into believing that the solicitation is in some manner connected with a government program or agency. (k) An advertisement may state that a licensee is licensed in the state where the advertisement appears, provided it does not exaggerate that fact or suggest or imply that the competing licensee may not be so licensed. The advertisement may ask the audience to consult the licensees website or contact the Department of Insurance to find out if that state requires licensing and, if so, whether the licensee or any other company is licensed. (l) An advertisement may not create the impression that the life settlement provider, its financial condition or status, the payment of its claims, or the merits, desirability, or advisability of its life settlement contracts are recommended or endorsed by any WEDNESDAY, MARCH 5, 2008 1417 government entity. (m) The name of the actual licensee shall be stated in all of its advertisements. An advertisement may not use a trade name, any group designation, name of any affiliate or controlling entity of the licensee, service mark, slogan, symbol, or other device in a manner that has the capacity or tendency to mislead or deceive as to the true identity of the actual licensee or create the false impression that an affiliate or controlling entity has any responsibility for the financial obligation of the licensee. (n) An advertisement may not, directly or indirectly, create the impression that any division or agency of the state or of the United States government endorses, approves, or favors: (1) A licensee or its business practices or methods of operation; (2) The merits, desirability, or advisability of a life settlement contract; (3) Any life settlement contract; or (4) Any policy or life insurance company. (o) If the advertiser emphasizes the speed with which the life settlement contract occurs, the advertising shall disclose the average time frame from completed application to the date of offer and from acceptance of the offer to receipt of the funds by the seller. (p) If the advertising emphasizes the dollar amounts available to sellers, the advertising shall disclose the average purchase price as a percent of face value obtained by sellers contracting with the licensee during the past six months. 33-59-12. (a) The Commissioner may promulgate regulations implementing this chapter and regulating the activities and relationships of providers, life settlement brokers, insurers, and their agents subject to statutory limitations on administrative rule making. (b)(1) If there is more than one owner on a single policy, and the owners are residents of different states, the life settlement contract 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 of the owners. The law of the state of the insured shall govern in the event that equal owners fail to agree in writing upon a state of residence for jurisdictional purposes. (2) A provider from this state who enters into a life settlement contract with an owner who is a resident of another state that has enacted statutes or adopted regulations governing life settlement contracts shall be governed in the effectuation of that life settlement contract by the statutes and regulations of the owners state of residence. If the state in which the owner is a resident has not enacted statutes or regulations governing life settlement contracts, the provider shall give the owner notice that neither state regulates the transaction upon which he or she is entering. For transactions in those states, however, the provider is to maintain all records required if the transactions were executed in the state of residence. The forms used in those states need not be approved by the Commissioner. 1418 JOURNAL OF THE SENATE (3) If there is a conflict in the laws that apply to an owner and a purchaser in any individual transaction, the laws of the state that apply to the owner shall take precedence and the provider shall comply with those laws. 33-59-13. (a) It shall be unlawful for any person to: (1) Enter into a life settlement contract if such person knows or reasonably should have known that the life insurance policy was obtained by means of a false, deceptive, or misleading application for such policy; (2) Engage in any transaction, practice, or course of business if such person knows or reasonably should have known that the intent was to avoid the notice requirements of this Code section; (3) Engage in any fraudulent act or practice in connection with any transaction relating to any settlement involving an owner who is a resident of this state; (4) Issue, solicit, market, or otherwise promote the purchase of an insurance policy for the purpose of or with an emphasis on settling the policy; (5) Enter into a premium finance agreement with any person or agency, or any person affiliated with such person or agency, pursuant to which such person shall receive any proceeds, fees, or other consideration, directly or indirectly, from the policy or owner of the policy or any other person with respect to the premium finance agreement or any settlement contract or other transaction related to such policy that are in addition to the amounts required to pay the principal, interest, and service charges related to policy premiums pursuant to the premium finance agreement or subsequent sale of such agreement; provided, further, that any payments, charges, fees, or other amounts in addition to the amounts required to pay the principal, interest, and service charges related to policy premiums paid under the premium finance agreement shall be remitted to the original owner of the policy or to his or her estate if he or she is not living at the time of the determination of the overpayment; (6) With respect to any settlement contract or insurance policy and a life settlement broker, knowingly solicit an offer from, effectuate a life settlement contract with, or make a sale to any provider, financing entity, or related provider trust that is controlling, controlled by, or under common control with such life settlement broker; (7) With respect to any life settlement contract or insurance policy and a provider, knowingly enter into a life settlement contract with a owner, if, in connection with such life settlement contract, any thing of value will be paid to a life settlement broker that is controlling, controlled by, or under common control with such provider or the financing entity or related provider trust that is involved in such settlement contract; (8) With respect to a provider, enter into a life settlement contract unless the life settlement promotional, advertisement, and marketing materials, as may be prescribed by rule or regulation, have been filed with the Commissioner. In no event shall any marketing materials expressly reference that the insurance is 'free' for any period of time. The inclusion of any reference in the marketing materials that would cause an owner to reasonably believe that the insurance is free for any period of time shall be WEDNESDAY, MARCH 5, 2008 1419 considered a violation of this chapter; or (9) With respect to any life insurance producer, insurance company, life settlement broker, or provider, make any statement or representation to the applicant or policyholder in connection with the sale or financing of a life insurance policy to the effect that the insurance is free or without cost to the policyholder for any period of time unless provided in the policy. (b) A violation of this Code section shall be deemed a fraudulent life settlement act. 33-59-12. 33-59-14. (a)(1) A It shall be illegal for a person shall not to commit a fraudulent life settlement act. (2) A person, shall not knowingly or and intentionally, shall not interfere with the enforcement of the provisions of this chapter or investigations of suspected or actual violations of this chapter. (3) A person in the business of life settlements, shall not knowingly or intentionally, shall not permit a any person convicted of a felony involving dishonesty or breach of trust to participate in the business of life settlements. (b)(1) A life Life settlement contract contracts and an application applications for a life settlement contract contracts, regardless of the form of transmission, shall contain the following statement or a substantially similar statement: 'Any person who knowingly presents false information in an application for insurance or life settlement contract is guilty of a crime and, upon conviction, may be subject to fines or confinement in prison, or both.' (2) The lack of a statement as provided for required in paragraph (1) of this subsection does not constitute a defense in any prosecution for a fraudulent life settlement act. (c)(1) A Any person engaged in the business of life settlements having knowledge or a reasonable belief that a fraudulent life settlement act is being, will be, or has been committed shall provide to the Commissioner the information required by, and in a manner prescribed by, the Commissioner. (2) Another Any other person having knowledge or a reasonable belief that a fraudulent life settlement act is being, will be, or has been committed may provide to the Commissioner the information required by, and in a manner prescribed by, the Commissioner. (d)(1) A No civil liability may not shall be imposed on and a no cause of action may not shall arise from a persons furnishing information concerning suspected, anticipated, or completed fraudulent life settlement acts or suspected or completed fraudulent insurance acts, if the information is provided to or received from: (A) The Commissioner or the Commissioners employees, agents, or representatives; (B) Federal, state, or local law enforcement or regulatory officials or their employees, agents, or representatives; (C) A person involved in the prevention and detection of fraudulent life settlement 1420 JOURNAL OF THE SENATE acts or that persons agents, employees, or representatives; (D) The National Association of Insurance Commissioners, National Association of Securities Dealers, the North American Securities Administrators Association, Any regulatory body or their employees, agents, or representatives or any other regulatory body overseeing life insurance, or life settlement contracts settlements, securities, or investment fraud; or (E) The life insurer that issued the life insurance policy covering the life of the insured; or (F) The licensee and any agents, employees, or representatives. (2) Paragraph (1) of this subsection does shall not apply to a statement statements made with actual malice. In an action brought against a person for filing a report or furnishing other information concerning a fraudulent life settlement act or a fraudulent insurance act, the party bringing the action shall plead specifically any allegation that paragraph (1) of this subsection does not apply because the person filing the report or furnishing the information did so with actual malice. (3) A person identified in paragraph (1) of this subsection is shall be entitled to an award of attorneys fees and costs if he or she is the prevailing party in a civil cause of action for libel, slander, or another any other relevant tort arising out of activities in carrying out the provisions of this chapter and the party bringing the action was not substantially justified in doing so. For purposes of this Code section paragraph, a proceeding is 'substantially justified' if it had a reasonable basis in law or fact at the time that it was initiated. (4) This Code section subsection does not abrogate or modify common law or statutory privileges or immunities enjoyed by a person described in paragraph (1) of this subsection. (5) Paragraph (1) of this subsection does not apply to a persons furnishing information concerning his or her own suspected, anticipated, or completed fraudulent life settlement acts or suspected, anticipated, or completed fraudulent insurance acts. (e)(1) The documents and evidence provided pursuant to subsection (d) of this Code section or obtained by the Commissioner in an investigation of suspected or actual fraudulent life settlement acts are shall be privileged and confidential and are shall not be a public record and are shall not be subject to discovery or subpoena in a civil or criminal action. (2) Paragraph (1) of this subsection does shall not prohibit release by the Commissioner of documents and evidence obtained in an investigation of suspected or actual fraudulent life settlement acts: (A) In administrative or judicial proceedings to enforce laws administered by the Commissioner; (B) To federal, state, or local law enforcement or regulatory agencies, to an organization established for the purpose of detecting and preventing fraudulent life settlement acts, or to the National Association of Insurance Commissioners; or (C) At the discretion of the Commissioner, to a person in the business of life settlements that is aggrieved by a fraudulent life settlement act. WEDNESDAY, MARCH 5, 2008 1421 (3) Release of documents and evidence provided by under paragraph (2) of this subsection does not abrogate or modify the privilege granted in paragraph (1) of this subsection. (f) This chapter does shall not: (1) Preempt the authority or relieve the duty of other law enforcement or regulatory agencies to investigate, examine, and prosecute suspected violations of law; (2) Preempt, supersede, or limit any provision of any state securities law or any rule, order, or notice issued thereunder; (2)(3) Prevent or prohibit a person from disclosing voluntarily information concerning fraudulent life settlement acts fraud to a law enforcement or regulatory agency other than the insurance department; or (3)(4) Limit the powers granted elsewhere by the laws of this state to the Commissioner or an insurance fraud unit to investigate and examine possible violations of law and to take appropriate action against wrongdoers. (g)(1) A life settlement provider Providers and life settlement brokers shall adopt have in place antifraud initiatives reasonably calculated to detect, assist in the prosecution of prosecute, and prevent fraudulent life settlement acts. The At the discretion of the Commissioner, the Commissioner may order, or, if a licensee requests, may request and the Commissioner may grant, these such modifications of the following required initiatives as necessary to ensure an effective antifraud program. The modifications may be more or less restrictive than the required initiatives so long as the modifications reasonably may reasonably be expected to accomplish the purpose of this Code section subsection. Antifraud initiatives shall include: (1)(A) Fraud investigators, who may be life settlement providers provider or life settlement broker employees or independent contractors of those life settlement providers; and (2)(B) An antifraud plan that is, which shall be submitted to the Commissioner. The antifraud plan shall include, but not be limited to, a description: (i)(A) Of A description of the procedures for detecting and investigating possible fraudulent life settlement acts and procedures for resolving material inconsistencies between medical records and insurance applications; (ii)(B) Of A description of the procedures for reporting possible fraudulent life settlement acts to the Commissioner; (iii)(C) Of A description of the plan for antifraud education and training of underwriters and other personnel; and (iv)(D) A description or chart outlining the organizational arrangement of the antifraud personnel who are responsible for the investigation and reporting of possible fraudulent life settlement acts and investigating unresolved material inconsistencies between medical records and insurance applications. (3)(2) Antifraud plans submitted to the Commissioner are shall be privileged and confidential, are and shall not be a public record, and are shall not be subject to discovery or subpoena in a civil or criminal action. 1422 JOURNAL OF THE SENATE 33-59-13. 33-59-15. (a) In addition to the penalties and other enforcement provisions of this chapter, if a any person violates the provisions of this chapter or any rule or regulation implementing this chapter, the Commissioner may seek an injunction in a court of competent jurisdiction in the county where the person resides or has a principal place of business and may apply for temporary and permanent orders as the Commissioner determines are necessary to restrain the person from further committing the violation. (b) A Any person damaged by the acts of a any other person in violation of this chapter or any rule or regulation implementing this chapter may bring a civil action for damages against the person committing the violation in a court of competent jurisdiction. (c) The Commissioner may issue, in accordance with Code Section 33-2-24, a cease and desist order upon a person that who violates any provision of this chapter, any rule, regulation, or order adopted by the Commissioner, or any written agreement entered into with the Commissioner, in accordance with Chapter 2 of this title. (d) When the Commissioner finds that an activity in violation of this chapter such an action presents an immediate danger to the public that and requires an immediate final order, the Commissioner he or she may issue an emergency cease and desist order reciting with particularity the facts underlying the such findings. The emergency cease and desist order is shall become effective immediately upon service of a copy of the order on the respondent and remains shall remain effective for 90 days. If the Commissioner department begins nonemergency cease and desist proceedings under subsection (a) of this Code section, the emergency cease and desist order remains shall remain effective, absent an order by a an appellate court of competent jurisdiction pursuant to Code Section 33-2-24 Chapter 13 of Title 50. In the event of a willful violation of this chapter, the trial court may award statutory damages in addition to actual damages in an additional amount up to three times the actual damage award. The provisions of this chapter may not be waived by agreement. No choice of law provision may be utilized to prevent the application of this chapter to any settlement in which a party to the settlement is a resident of this state. (e) In addition to the penalties and other enforcement provisions of this chapter, a person who violates this chapter is subject to civil penalties of up to $25,000.00 for each violation. Imposition of civil penalties is pursuant to an order of the Commissioner issued under Chapter 2 of this title. The Commissioners order may require a person found to be in violation of this chapter to make restitution to a person aggrieved by violations of this chapter. (f)(1) A person convicted of a violation of this chapter by a court of competent jurisdiction shall be ordered to pay restitution to a person aggrieved by the violation of this chapter. Restitution shall be ordered in addition to a fine or imprisonment but not in lieu of a fine or imprisonment. (2) A person who is convicted of a violation of this chapter may be sentenced based on the greater of the value of property, services, or other benefits wrongfully obtained or attempted to be obtained or the aggregate economic loss suffered by any person as WEDNESDAY, MARCH 5, 2008 1423 a result of the violation. A person may be sentenced to: (A) Imprisonment for not less than one nor more than 20 years or to payment of a fine of not more than $100,000.00, or both, if the value of life settlement contract is more than $35,000.00; (B) Imprisonment for not less than one nor more than ten years or to payment of a fine of not more than $20,000.00, or both, if the value of life settlement contract is more than $2,500.00 but not more than $35,000.00; (C) Imprisonment for not less than one nor more than five years or to payment of a fine of not more than $10,000.00, or both, if the value of life settlement contract is more than $500.00 but not more than $2,500.00; or (D) Imprisonment for not less than one year nor more than three years or to payment of a fine of not more than $3,000.00, or both, if the value of life settlement contract is $500.00 or less. (3) A person convicted of a fraudulent life settlement act shall be ordered to pay restitution to a person aggrieved by the fraudulent life settlement act. Restitution shall be ordered in addition to a fine or imprisonment but not instead of a fine or imprisonment. (4) In a prosecution under this Code section, the value of a life settlement contract within a six-month period may be aggregated and the defendant charged accordingly in applying the provisions of this Code section. If two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in a county in which one of the offenses was committed for all of the offenses aggregated as provided by this Code section. The statute of limitations shall not begin to run until the insurance company or law enforcement agency is aware of the fraud, but the prosecution may not be commenced later than seven years after the act has occurred. 33-59-16. (a) It is a violation of this chapter for any person, provider, life settlement broker, or any other party related to the business of life settlements to commit a fraudulent life settlement act. (b) For criminal liability purposes, a person that commits a fraudulent life settlement act shall be guilty of committing insurance fraud and shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than two nor more than ten years, or by a fine of not more than $10,000.00, or both. (c) The Commissioner shall be empowered to levy a civil penalty: (1) Not exceeding $1,000.00 for each and every act in violation of this chapter or, if the person knew or reasonably should have known the acts that he or she committed were in violation of this chapter, the monetary penalty provided for in this subsection may be increased to an amount up to $5,000.00 for each and every act in violation; and (2) The amount of the claim for each violation upon any person, including those persons and their employees licensed pursuant to this chapter, who is found to have 1424 JOURNAL OF THE SENATE committed a fraudulent life settlement act or violated any other provision of this chapter. (d) The license of a person licensed under this chapter that commits a fraudulent life settlement act shall be revoked for a period of at least one year. 33-59-14. 33-59-17. A violation of this chapter shall be considered an unfair trade practice under Chapter 6 of this title pursuant to state law and subject to the penalties contained in that chapter provided by state law. 33-59-15. The Commissioner shall have the authority to: (1) Promulgate rules and regulations implementing this chapter; (2) Establish standards for evaluating reasonableness of payments under a life settlement contract for a person who is terminally or chronically ill. This authority includes, but is not limited to, regulation of discount rates used to determine the amount paid in exchange for assignment, transfer, sale, devise, or bequest of a benefit under a policy. A life settlement provider, where the insured is not terminally or chronically ill, shall pay an amount greater than the cash surrender value or accelerated death benefit then available; (3) Establish appropriate licensing requirements, fees, and standards for continued licensure for a life settlement provider and a fee for life insurance producers; (4) Require a bond or other mechanism for financial accountability for a life settlement provider; and (5) Adopt rules and regulations governing the relationship and responsibilities of an insurer and a life settlement provider, life insurance producer, and others in the business of life settlements during the period of consideration or effectuation of a life settlement contract. 33-59-16. Nothing in this chapter preempts or otherwise limits the provisions of Chapter 5 of Title 10, the 'Georgia Securities Act of 1973,' or any regulations, orders, policy statements, notices, bulletins, or other interpretations issued by or through the commissioner of securities or his or her designee acting pursuant to Chapter 5 of Title 10. Compliance with this chapter does not constitute compliance with any applicable provision of Chapter 5 of Title 10 and any amendments thereto or any regulations, orders, policy statements, notices, bulletins, or other interpretations issued by or through the commissioner of securities or his or her designee acting pursuant to Chapter 5 of Title 10. 33-59-17. 33-59-18. (a) A life settlement provider lawfully transacting business in this state prior to July 1, 2008, may continue to do so pending approval or disapproval of the that persons WEDNESDAY, MARCH 5, 2008 1425 application for a license so long as the application is filed with the Commissioner not later than 30 days after publication by the Commissioner of an application form and instructions for licensure of these life settlement providers. If the publication of the application form and instructions is prior to November 5, 2005, July 1, 2008, then the filing of the application shall not be later than 30 days after November 5, 2005 August 1, 2008. During the time that such an application is pending with the Commissioner, the applicant may use any form of life settlement contract that has been filed with the Commissioner pending approval thereof, provided that such form is otherwise in compliance with the provisions of this chapter. Any person transacting business in this state under this provision shall be obligated to comply with all other requirements of this chapter. (b) A person who has lawfully negotiated life settlement contracts between any owner residing in this state and one or more providers for at least one year immediately prior to July 1, 2008, may continue to do so pending approval or disapproval of that persons application for a license as long as the application is filed with the Commissioner not later than 30 days after publication by the Commissioner of an application form and instructions for registration of life settlement brokers. If the publication of the application form and instructions is prior July 1, 2008, then the filing of the application shall not be later than August 1, 2008. Any person transacting business in this state under this provision shall be obligated to comply with all other requirements of this chapter. 33-59-18. Notwithstanding the provisions of this chapter to the contrary, a person who has lawfully negotiated life settlement contracts between a seller and one or more life settlement providers for at least one year immediately prior to November 5, 2005, may continue to negotiate life settlements in this state for a period of one year from November 5, 2005, provided that such person registers with the Commissioner on a form prescribed by the Commissioner. Such registration form shall be published by the Commissioner not later than December 5, 2005, and shall require a person registering to evidence that he or she has lawfully negotiated life settlement contracts and include an acknowledgment by such person that he or she will operate in accordance with and comply with this chapter." SECTION 2. For purposes of the promulgation of rules and regulations by the Commissioner of Insurance, 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, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. 1426 JOURNAL OF THE SENATE On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. SB 499, having received the requisite constitutional majority, was passed by substitute. SB 458. By Senators Johnson of the 1st, Moody of the 56th, Thomas of the 54th, Williams of the 19th, Rogers of the 21st 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 require local school systems and schools to be accredited; to provide for definitions; to provide that if a school system or school loses or fails to attain accreditation, a student shall be entitled to attend another public school or receive a scholarship to attend a private school; to provide for notice to parents; to provide for the maximum amount of the scholarship; to provide for procedures and requirements for payment of scholarships; to provide for conditions of acceptance of a scholarship; to WEDNESDAY, MARCH 5, 2008 1427 provide for testing; to provide for rules and regulations; to provide for notice to parents; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Education and Youth Committee offered the following substitute to SB 458: A BILL TO BE ENTITLED AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to require local school systems and schools to be accredited; to provide for definitions; to provide that if a school system or school loses or fails to attain accreditation, a student shall be entitled to attend another public school or receive a scholarship to attend a private school; to provide for notice to parents; to provide for the maximum amount of the scholarship; to provide for procedures and requirements for payment of scholarships; to provide for conditions of acceptance of a scholarship; to provide for testing; to provide for eligibility requirements for private schools; to provide for rules and regulations; to provide that if a school is designated as a Needs Improvement School for seven consecutive years, a student shall be entitled to attend another public school or receive a scholarship to attend a private school; to provide for notice to parents; to provide for the maximum amount of the scholarship; to provide for procedures and requirements for payment of scholarships; to provide for conditions of acceptance of a scholarship; to provide for testing; to provide for eligibility requirements for private schools; to provide for rules and regulations; 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. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding a new Code section to Article 3 of Chapter 2, relating to local boards of education, to read as follows: "20-2-72. (a) As used in this Code section, the term: (1) 'Accredited' means accredited in good standing by the Southern Association of Colleges and Schools or the Georgia Accrediting Commission. (2) 'Board' means the State Board of Education. (3) 'Parent' means a parent, legal guardian, custodian, or other person with legal authority to act on behalf of a child. (4) 'Participating school' means a private school that has notified the department of its intention to participate in the program, and that complies with the departments requirements. (5) 'Participating student' means a student who receives a scholarship pursuant to this 1428 JOURNAL OF THE SENATE Code section. (6) 'Private school' means a nonpublic school, sectarian or nonsectarian, which has accreditation or is in the process of receiving accreditation by one or more of the entities listed in subparagraph (A) of paragraph (6) of Code Section 20-3-519. (7) 'Program' means the scholarship program established pursuant to this Code section. (8) 'Resident school system' means the public school system in which the student would be enrolled based on his or her residence. (b) Each local school system shall be accredited and shall maintain such accreditation for its school system and for each school within its school system as follows: (1) A school system or a school which is accredited as of the effective date of this Act shall be required to maintain such accreditation in good standing; (2) A school system or a school which is not accredited as of the effective date of this Act shall be required to become accredited no later than two years after the effective date of this Act; and (3) A new school which is opened on or after the effective date of this Act shall be required to become accredited no later than two years after the opening of such school. (c)(1) If a school system or a school which is accredited is put on probation by its accrediting agency, it shall provide notice to the parent of each student within the school system or school, as appropriate, within 30 days of notice by the accrediting agency to the school system of such probation status. Such notice shall include acknowledgment of such status and the options that are available to a student pursuant to subsection (d) of this Code section if the school system loses its accreditation. (2) If a school system or a school which is not accredited as of the effective date of this Act fails to attain such accreditation no later than two years after the effective date of this Act, it shall provide notice no later than 30 days after the expiration of such two-year period to the parent of each student within the school system or school, as appropriate, of such failure and the options that are available to a student pursuant to subsection (d) of this Code section. (3) If a new school which is opened on or after the effective date of this Act fails to become accredited within two years of its opening, the school shall provide notice no later than 30 days after the expiration of such two-year period to the parent of each student within the school of such failure and the options that are available to a student pursuant to subsection (d) of this Code section. (d) In the event a school system or school loses its accreditation or does not become accredited in accordance with the time frames established pursuant to subsections (b) and (c) of this Code section, the parent of each student in the noncompliant school system or school, as appropriate, may opt to: (1) Choose for the student to attend another public school within the resident school system which has available space, in the event of a noncompliant school. If the parent chooses this option, the resident school system shall be responsible for transportation to such school. The student may attend such public school pursuant to this paragraph WEDNESDAY, MARCH 5, 2008 1429 until the student completes all grades of the school, graduates, or reaches the age of 20, whichever occurs first; (2) Choose to enroll the student in and transport the student to a public school outside of the students resident school system which has available space, in the event of a noncompliant school system or school. The public school system may accept the student, and if it does, such system shall report the student for purposes of funding to the department; or (3) Request and receive from the department a scholarship for the student to enroll in and attend a participating school in accordance with the following: (A) The amount of a scholarship provided pursuant to this paragraph shall be the lesser of: (i) The amount equivalent to the costs of the educational program that would have been provided for the student in the resident school system as calculated under Code Section 20-2-161, which shall not include any federal funds; or (ii) The amount of the participating schools tuition and fees, including any assessment fee required by the participating school; (B) Participating students shall be counted in the enrollment of their resident school system; provided, however, that this count shall only be for purposes of determining the amount of the scholarship. The participating students shall not be included as enrolled for purposes of state or federal accountability requirements, including, but not limited to, the federal Elementary and Secondary Education Act, as amended by the No Child Left Behind Act of 2001 (P.L. 107-110). The funds needed to provide a scholarship shall be subtracted from the allotment payable to the resident school system; (C) Each local school system shall submit quarterly reports to the department on dates established by the department stating the number of participating students in the resident school system. Following each notification, the department shall transfer from the state allotment to each school system the amount calculated under Code Section 20-2-161 to a separate account for the scholarships provided pursuant to this paragraph for quarterly disbursement to the parents of participating students. When a student applies for a scholarship, the department shall receive all documentation required for the students participation, including the participating schools and students fee schedules, at least 30 days before the first quarterly payment is made for the student. The department shall not make any retroactive payments; (D) Upon proper documentation received by the department, the department shall make quarterly payments to the parents of participating students on dates established by the department during each academic year in which the parents receive a scholarship. The initial payment shall be made upon evidence of admission to the participating school, and subsequent payments shall be made on evidence of continued enrollment and attendance at the participating school; (E) Payment to the parents shall be made by individual warrant made payable to the students parent and mailed by the department to the participating school of the 1430 JOURNAL OF THE SENATE parents choice, and the parent shall restrictively endorse the warrant to the participating school for deposit into the account of such school; (F) A person, on behalf of a participating school, shall not accept a power of attorney from a parent to sign a warrant, and a parent of a participating student shall not give a power of attorney designating a person, on behalf of a participating school, as the parents attorney in fact; (G) If the participating school requires partial payment of tuition prior to the start of the academic year to reserve space for students admitted to the school, that partial payment may be paid by the department prior to the first quarterly payment of the year in which the scholarship is provided, up to a maximum of $1,000.00, and deducted from subsequent payments. If a student decides not to attend the participating school, the partial reservation payment shall be returned to the department by such school. Only one reservation payment per student may be made per year; (H) Upon acceptance of a scholarship, the parent assumes full financial responsibility for the education of the participating student, including transportation to and from the participating school; (I) For a student who receives a scholarship pursuant to this paragraph whose parent requests that the student take the state-wide assessments pursuant to Code Section 20-2-281, the resident school system shall make available to the student locations and times to take all state-wide assessments. Test scores of participating school students participating in the state-wide assessments shall not be applied to the system averages of the resident school system for data reported for federal and state requirements; and (J) The scholarship shall remain in force until the student returns to his or her assigned school in the resident school system or another public school, completes all grades of the school, graduates, or reaches the age of 20, whichever occurs first. (e)(1) To be eligible to enroll a scholarship student, a participating school shall: (A) Have a physical location in Georgia where the scholarship students attend classes and have direct contact with the schools teachers; (B) Demonstrate fiscal soundness by having been in operation for one school year or by submitting a financial information report for the school that complies with uniform financial accounting standards established by the department and conducted by a certified public accountant. The report must confirm that the school desiring to participate is insured and the owner or owners have sufficient capital or credit to operate the school for the upcoming school year serving the number of students anticipated with expected revenues from tuition and other sources that may be reasonably expected. The report shall be limited in scope to those records that are necessary for the department to make a determination on fiscal soundness and to make payments to schools for scholarships; (C) Comply with the antidiscrimination provisions of 42 U.S.C. Section 2000d; (D) Comply with all health and safety laws or codes that apply to private schools; (E) Comply with all provisions of Code Section 20-2-690 and any other state law WEDNESDAY, MARCH 5, 2008 1431 applicable to private schools; (F) Regularly report to the parent and the department on the students academic progress, including the results of pre-academic assessments and post-academic assessments given to the student, in accordance with department guidelines; and (G) Employ or contract with teachers who hold a bachelors degree or higher degree or have at least three years of experience in education or health and annually provide to the parents the relevant credentials of the teachers who will be teaching their students. (2) A home school operating under the provisions of Code Section 20-2-690 shall not be eligible to enroll scholarship students. (3) Residential treatment facilities licensed or approved by the state shall not be eligible to enroll scholarship students. (4) The creation of the program shall not be construed to expand the regulatory authority of the state, its officers, or any public school system to impose any additional regulation of nonpublic schools beyond those reasonably necessary to enforce the requirements of this Code section. (5) A participating school intending to enroll scholarship students shall submit an application to the department by June 30 of the school year preceding the school year in which it intends to enroll scholarship students. The notice shall specify the grade levels and services that the school has available for students with disabilities who are participating in the scholarship program. A school intending to enroll scholarship students in the 2008-2009 school year shall submit an application no later than June 30, 2008. (6) The board shall approve a participating schools application to enroll scholarship students if the school meets the eligibility requirements of this Code section and complies with board rules established pursuant to subsection (g) of this Code section. The board shall make available to local school systems and the public a list of participating schools. (7) The department may bar a school from participation in the program if the department determines that the school has intentionally and substantially misrepresented information or failed to refund to the state any scholarship overpayments in a timely manner. (f) When a school system or school re-attains its accreditation, the options included in subsection (d) of this Code section shall no longer be available to students beginning in the school year following the re-attainment, except as otherwise provided in subsection (d) of this Code section for students that availed themselves of an option pursuant to such subsection when the school system or school was noncompliant. (g) The board shall adopt rules to administer the program regarding eligibility and participation of participating schools, including, but not limited to, timelines that will maximize student and public and private school participation, the calculation and distribution of scholarships to eligible students and participating schools, and the application and approval procedures for eligible students and participating schools. The department shall develop and utilize a compliance form for completion by participating 1432 JOURNAL OF THE SENATE schools. The department shall be authorized to require any pertinent information as it deems necessary from participating schools for the purpose of implementing the program. Participating schools shall be required to complete such forms and certify their accuracy. (h) No liability shall arise on the part of the department or the state or of any local board of education based on the award or use of a scholarship awarded pursuant to this Code section." SECTION 2. Said title is further amended by adding a new Code section to Part 3 of Article 2 of Chapter 14, relating to the accountability assessment program for kindergarten through grade 12, to read as follows: "20-14-42. (a) As used in this Code section, the term: (1) 'Board' means the State Board of Education. (2) 'Needs Improvement School' means a school that has received an unacceptable rating for a period of two or more consecutive years pursuant to Code Section 20-1441. (3) 'Parent' means a parent, legal guardian, custodian, or other person with legal authority to act on behalf of a child. (4) 'Participating school' means a private school that has notified the department of its intention to participate in the program, and that complies with the departments requirements. (5) 'Participating student' means a student who receives a scholarship pursuant to this Code section. (6) 'Private school' means a nonpublic school, sectarian or nonsectarian, which has accreditation or is in the process of receiving accreditation by one or more of the entities listed in subparagraph (A) of paragraph (6) of Code Section 20-3-519. (7) 'Program' means the scholarship program established pursuant to this Code section. (8) 'Resident school system' means the public school system in which the student would be enrolled based on his or her residence. (b) A school which has been designated as a Needs Improvement School for six consecutive years shall provide notice to the parent of each student within the school, within 30 days of notice of such status by the State Board of Education. Such notice shall include acknowledgment of such status and the options that are available to a student pursuant to subsection (c) of this Code section if the school remains in such status for one more consecutive year. (c) In the event a school is designated as a Needs Improvement School for seven consecutive years, the parent of each student in such school may opt to: (1) Choose for the student to attend another public school within the resident school system which has available space. If the parent chooses this option, the resident WEDNESDAY, MARCH 5, 2008 1433 school system shall be responsible for transportation to such school. The student may attend such public school pursuant to this paragraph until the student completes all grades of the school, graduates, or reaches the age of 20, whichever occurs first; (2) Choose to enroll the student in and transport the student to a public school outside of the students resident school system which has available space. The public school system may accept the student, and if it does, such system shall report the student for purposes of funding to the department; or (3) Request and receive from the department a scholarship for the student to enroll in and attend a participating school in accordance with the following: (A) The amount of a scholarship provided pursuant to this paragraph shall be the lesser of: (i) The amount equivalent to the costs of the educational program that would have been provided for the student in the resident school system as calculated under Code Section 20-2-161, which shall not include any federal funds; or (ii) The amount of the participating schools tuition and fees, including any assessment fee required by the participating school; (B) Participating students shall be counted in the enrollment of their resident school system; provided, however, that this count shall only be for purposes of determining the amount of the scholarship. The participating students shall not be included as enrolled for purposes of state or federal accountability requirements, including, but not limited to, the federal Elementary and Secondary Education Act, as amended by the No Child Left Behind Act of 2001 (P.L. 107-110). The funds needed to provide a scholarship shall be subtracted from the allotment payable to the resident school system; (C) Each local school system shall submit quarterly reports to the department on dates established by the department stating the number of participating students in the resident school system. Following each notification, the department shall transfer from the state allotment to each school system the amount calculated under Code Section 20-2-161 to a separate account for the scholarships provided pursuant to this paragraph for quarterly disbursement to the parents of participating students. When a student applies for a scholarship, the department shall receive all documentation required for the students participation, including the participating schools and students fee schedules, at least 30 days before the first quarterly payment is made for the student. The department shall not make any retroactive payments; (D) Upon proper documentation received by the department, the department shall make quarterly payments to the parents of participating students on dates established by the department during each academic year in which the parents receive a scholarship. The initial payment shall be made upon evidence of admission to the participating school, and subsequent payments shall be made on evidence of continued enrollment and attendance at the participating school; (E) Payment to the parents shall be made by individual warrant made payable to the students parent and mailed by the department to the participating school of the 1434 JOURNAL OF THE SENATE parents choice, and the parent shall restrictively endorse the warrant to the participating school for deposit into the account of such school; (F) A person, on behalf of a participating school, shall not accept a power of attorney from a parent to sign a warrant, and a parent of a participating student shall not give a power of attorney designating a person, on behalf of a participating school, as the parents attorney in fact; (G) If the participating school requires partial payment of tuition prior to the start of the academic year to reserve space for students admitted to the school, that partial payment may be paid by the department prior to the first quarterly payment of the year in which the scholarship is provided, up to a maximum of $1,000.00, and deducted from subsequent payments. If a student decides not to attend the participating school, the partial reservation payment shall be returned to the department by such school. Only one reservation payment per student may be made per year; (H) Upon acceptance of a scholarship, the parent assumes full financial responsibility for the education of the participating student, including transportation to and from the participating school; (I) For a student who receives a scholarship pursuant to this paragraph whose parent requests that the student take the state-wide assessments pursuant to Code Section 20-2-281, the resident school system shall make available to the student locations and times to take all state-wide assessments. Test scores of participating school students participating in the state-wide assessments shall not be applied to the system averages of the resident school system for data reported for federal and state requirements; and (J) The scholarship shall remain in force until the student returns to his or her assigned school in the resident school system or another public school, completes all grades of the school, graduates, or reaches the age of 20, whichever occurs first. (d)(1) To be eligible to enroll a scholarship student, a participating school shall: (A) Have a physical location in Georgia where the scholarship students attend classes and have direct contact with the schools teachers; (B) Demonstrate fiscal soundness by having been in operation for one school year or by submitting a financial information report for the school that complies with uniform financial accounting standards established by the department and conducted by a certified public accountant. The report must confirm that the school desiring to participate is insured and the owner or owners have sufficient capital or credit to operate the school for the upcoming school year serving the number of students anticipated with expected revenues from tuition and other sources that may be reasonably expected. The report shall be limited in scope to those records that are necessary for the department to make a determination on fiscal soundness and to make payments to schools for scholarships; (C) Comply with the antidiscrimination provisions of 42 U.S.C. Section 2000d; (D) Comply with all health and safety laws or codes that apply to private schools; (E) Comply with all provisions of Code Section 20-2-690 and any other state law WEDNESDAY, MARCH 5, 2008 1435 applicable to private schools; (F) Regularly report to the parent and the department on the students academic progress, including the results of pre-academic assessments and post-academic assessments given to the student, in accordance with department guidelines; and (G) Employ or contract with teachers who hold a bachelors degree or higher degree or have at least three years of experience in education or health and annually provide to the parents the relevant credentials of the teachers who will be teaching their students. (2) A home school operating under the provisions of Code Section 20-2-690 shall not be eligible to enroll scholarship students. (3) Residential treatment facilities licensed or approved by the state shall not be eligible to enroll scholarship students. (4) The creation of the program shall not be construed to expand the regulatory authority of the state, its officers, or any public school system to impose any additional regulation of nonpublic schools beyond those reasonably necessary to enforce the requirements of this Code section. (5) A participating school intending to enroll scholarship students shall submit an application to the department by June 30 of the school year preceding the school year in which it intends to enroll scholarship students. The notice shall specify the grade levels and services that the school has available for students with disabilities who are participating in the scholarship program. A school intending to enroll scholarship students in the 2008-2009 school year shall submit an application no later than June 30, 2008. (6) The board shall approve a participating schools application to enroll scholarship students if the school meets the eligibility requirements of this Code section and complies with board rules established pursuant to subsection (f) of this Code section. The board shall make available to local school systems and the public a list of participating schools. (7) The department may bar a school from participation in the program if the department determines that the school has intentionally and substantially misrepresented information or failed to refund to the state any scholarship overpayments in a timely manner. (e) When a school is no longer designated as a Needs Improvement School, the options included in subsection (c) of this Code section shall no longer be available to students beginning in the school year following such removal of the designation, except as otherwise provided in subsection (c) of this Code section for students that availed themselves of an option pursuant to such subsection when the school was designated as a Needs Improvement School for seven or more consecutive years. (f) The board shall adopt rules to administer the program regarding eligibility and participation of participating schools, including, but not limited to, timelines that will maximize student and public and private school participation, the calculation and distribution of scholarships to eligible students and participating schools, and the application and approval procedures for eligible students and participating schools. The 1436 JOURNAL OF THE SENATE department shall develop and utilize a compliance form for completion by participating schools. The department shall be authorized to require any pertinent information as it deems necessary from participating schools for the purpose of implementing the program. Participating schools shall be required to complete such forms and certify their accuracy. (g) No liability shall arise on the part of the department or the state or of any local board of education based on the award or use of a scholarship awarded pursuant to 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. Senators Thompson of the 33rd, Seay of the 34th and Johnson of the 1st offered the following amendment #1: Amend the committee substitute (LC 33 2504S) to SB 458 by striking the last sentence of sub paragraph (2) on lines 15, 16 and 17 of page 3 in its entirety, and by adding a new sentence in lieu thereof, to read as follows; The public school system shall accept the student subject only to space being available. The public school system shall report the student for purposes of funding to the department; or On the adoption of the amendment, there were no objections, and the Thompson of the 33rd et al. amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Heath N Henson N Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Jackson Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton N Stoner WEDNESDAY, MARCH 5, 2008 1437 Y Chapman N Cowsert N Davenport Y Douglas N Fort Y Goggans N Golden Grant Y Hamrick E Harbison Y Harp N Hawkins Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Powell N Ramsey N Reed Y Rogers N Tarver N Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 32, nays 21. SB 458, having received the requisite constitutional majority, was passed by substitute. Senator Powell of the 23rd was excused for business outside the Senate Chamber. SB 498. By Senator Wiles of the 37th: A BILL to be entitled an Act to amend Article 9 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetic laser services, so as to change certain provisions relating to the licensing of cosmetic laser practitioners; to require that the consulting physician examine each patient prior to any cosmetic laser service being performed; to require that each facility offering cosmetic laser services have a supervisor; to provide certain qualifications and responsibilities for supervisors; to require that certain information regarding cosmetic laser practitioners, supervisors, and consulting physicians be disclosed by the facilities; to provide for a licensed physician to be a member of the advisory board; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. The Senate Health and Human Services Committee offered the following substitute to SB 498: A BILL TO BE ENTITLED AN ACT To amend Article 9 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetic laser services, so as to change certain provisions relating to the licensing of cosmetic laser practitioners; to require that the consulting physician examine 1438 JOURNAL OF THE SENATE each patient prior to any cosmetic laser service being performed; to require that each facility offering cosmetic laser services have a supervisor; to provide certain qualifications and responsibilities for supervisors; to require that certain information regarding cosmetic laser practitioners, supervisors, and consulting physicians be disclosed by the facilities; to provide for a licensed physician to be a member of the advisory board; to provide for related matters; to provide for a contingent 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 34 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetic laser services, is amended by revising Code Section 43-34-244, relating to two levels of license and applications, as follows: "43-34-244. (a) There shall be two levels of a license for a cosmetic laser practitioner: assistant laser practitioner and senior laser practitioner. (b) Any person desiring to obtain a license as a cosmetic laser practitioner under the terms of this article shall make application to the board as follows: (1) An applicant for an 'assistant laser practitioner' license shall present proof that he or she: (A) Holds a current valid license or certificate of registration as a physicians assistant, nurse, esthetician, or master cosmetologist, or has previously held a license or certificate of registration as a medical practitioner; and (B) Has received at least three laser certificates from attending laser/intense pulsed light (IPL) courses as approved by the board, directly taught by a licensed physician or certified continuing medical education or continuing education educator. If, after review of the application, it is determined that the applicant is at least 21 years of age; has met the minimum educational requirements; is of good moral character; and is possessed of the requisite skill to perform properly cosmetic laser services, a license shall be issued to the applicant entitling the applicant to practice the occupation of cosmetic laser practitioner at the assistant laser practitioner level under the direct supervision of a senior laser practitioner. (2) An applicant for a 'senior laser practitioner' license shall present proof that he or she: (A) Holds a current valid license or certificate of registration as a physicians assistant or nurse or has previously held a license or certificate of registration as a medical practitioner; (B) Has at least three years of clinical or technological medical experience, or both; (C) Has been or was licensed or nationally board certified as a medical practitioner for at least three years; and (D) Has received at least two laser certificates from attending laser/intense pulsed light (IPL) continuing medical education courses as approved by the board, directly WEDNESDAY, MARCH 5, 2008 1439 taught by a licensed physician or certified continuing medical education or continuing education educator. If, after review of the application, it is determined that the applicant is at least 21 years of age; has met the minimum educational and clinical training requirements to perform cosmetic laser services with indirect supervision; is of good moral character; and is possessed of the requisite skill to perform properly these services, a license shall be issued to the applicant entitling the applicant to practice the occupation of cosmetic laser practitioner at the senior laser practitioner level pursuant to the protocols of a consulting physician. (c) The board shall be authorized to waive any education requirements under this Code section in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who has practiced as a cosmetic laser practitioner prior to July 1, 2007. (d) Should an applicant have a current cosmetic laser practitioner license or certificate of registration 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 a license at the appropriate level entitling him or her to practice the occupation of a cosmetic laser practitioner 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 article. 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 as a cosmetic laser practitioner outside of this state and who desires to obtain a license at a level authorized under this Code section to practice as a cosmetic laser practitioner in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate." SECTION 2. Said article is further amended by revising Code Section 43-34-248, relating to agreement with consulting physician, as follows: "43-34-248. (a) Any facility providing cosmetic laser services shall have an agreement with a consulting physician who shall: (1) Be trained in laser modalities; (2) Establish proper protocols for the cosmetic laser services provided at the facility and file such protocols with the board; and (3) Examine each patient prior to any cosmetic laser service being performed; and (3)(4) Be available for emergency consultation with the cosmetic laser practitioner or anyone employed by the facility. (b) Any facility providing cosmetic laser services shall have a supervisor present at the facility at all times. The supervisor shall supervise the performance of all cosmetic laser services performed by a person other than the consulting physician. The 1440 JOURNAL OF THE SENATE supervisor shall be a physician licensed under this chapter who is trained in laser modalities or a senior laser practitioner. (c)(1) Any facility providing cosmetic laser services shall post a sign listing the consulting physicians name, emergency contact number, his or her board certification and specialty, and the address of his or her primary practice location, and indicating whether he or she is presently on site at the facility. (2) If the consulting physician is not on site for any period of time during which the facility is open, the facility shall post a sign indicating who is presently acting as the supervisor for the facility and that persons name, emergency contact number, his or her degrees and qualifications, and the type of cosmetic laser practitioner license held." SECTION 3. Said article is further amended by revising Code Section 43-34-249, relating to informed consent, as follows: "43-34-249. (a) Prior to receiving cosmetic laser services from a cosmetic laser practitioner, a person must consent in writing to such services and shall be informed in writing of the general terms of the following: (1) The nature and purpose of such proposed procedure; (2) Any material risks generally recognized and associated with the cosmetic laser service to be performed which, if disclosed to a reasonably prudent person in the customers position, could reasonably be expected to cause such prudent person to decline such proposed cosmetic laser services on the basis of the material risk of injury that could result from such proposed services; (3) The name of, the degrees and qualifications held by, and type of license licenses obtained by the individual who will be performing the cosmetic laser service has obtained, the supervisor, and the consulting physician; and (4) The steps to be followed after the cosmetic laser service is performed in the event of any complications; and (5) The emergency contact information for the consulting physician and the address of his or her primary practice location. (a.1) After receiving each cosmetic laser service, a person shall be informed in writing of the information required by paragraphs (4) and (5) of subsection (a) of this Code section. (b) It shall be the responsibility of the cosmetic laser practitioner to ensure that the information required by subsection (a) subsections (a) and (a.1) of this Code section is disclosed and that the consent provided for in this Code section is obtained. (c) Where the consumer is under 18 years of age, the consent of the consumers parent or legal guardian shall be required. (d) The board shall be required to adopt and have the authority to promulgate rules and regulations governing and establishing the standards necessary to implement this Code section specifically including but not limited to the disciplining of a cosmetic laser WEDNESDAY, MARCH 5, 2008 1441 practitioner who fails to comply with this Code section. (e) Nothing in this Code section shall prohibit the information provided for in this Code section from being disclosed through the use of video tapes, audio tapes, pamphlets, booklets, or other means of communication or through conversations with the cosmetic laser practitioner; provided, however, that such information is also provided in writing and attached to the consent form which the consumer signs." SECTION 4. Said article is further amended by revising Code Section 43-34-250, relating to the advisory committee, as follows: "43-34-250. The board shall appoint an advisory committee. The advisory committee shall be representative of a cross section of the cultural backgrounds, to the extent practical, of the licensed cosmetic laser practitioners licensed under this article and such members as the board in its discretion may determine. The advisory committee shall include at least one person licensed to practice medicine under this chapter. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine, including but not limited to consulting with the board on the issuance, denial, suspension, and revocation of licenses and the promulgation of rules and regulations under this article. The initial members of the advisory committee may include persons eligible for licensing under this article. Subsequent advisory committee members must be licensed pursuant to this article." SECTION 5. This Act shall become effective only if and when the "Georgia Cosmetic Laser Services Act," approved May 29, 2007 (Ga. L. 2007, p. 626), becomes effective as provided in Section 2 therein. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senators Wiles of the 37th, Shafer of the 48th and Unterman of the 45th offered the following amendment #1: Amend the committee substitute (LC 36 1002S) to SB 498 by striking lines 3 and 4 on page 1 and inserting in lieu thereof the following: of cosmetic laser practitioners; to require that each patient be examined prior to any cosmetic laser service being performed; to require that each facility offering By striking lines 28 through 31 on page 2 and inserting in lieu thereof the following: (c) The board shall be authorized to waive any education requirements under this Code section in cases of hardship, disability, or illness or under such other circumstances as 1442 JOURNAL OF THE SENATE the board deems appropriate with respect to any applicant who has practiced as a cosmetic laser practitioner prior to July 1, 2007. (c)(1) Any person desiring to obtain a license as an 'assistant laser practitioner' who does not meet the requirements of paragraph (1) of subsection (b) of this Code section shall also be eligible for a license as an 'assistant laser practitioner' if he or she makes application to the board within six months of the effective date of this article and presents proof that he or she: (A) Prior to the effective date of this article, obtained a minimum of at least 2,000 hours of experience in administering cosmetic laser service; and (B) Has received at least three laser certificates from attending laser/intense pulsed light (IPL) courses, directly taught by a licensed physician or certified continuing medical education or continuing education educator. (2) Any person licensed pursuant to paragraph (1) of this subsection shall not perform any cosmetic laser services unless under the direct supervision of a physician licensed under this chapter who is trained in laser modalities. On the adoption of the amendment, there were no objections, and the Wiles et al. amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Grant Y Hamrick Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber WEDNESDAY, MARCH 5, 2008 1443 E Harbison Y Harp Y Hawkins Y Ramsey Y Reed Y Rogers Y Wiles Y Williams On the passage of the bill, the yeas were 53, nays 0. SB 498, having received the requisite constitutional majority, was passed by substitute. SB 479. By Senators Mullis of the 53rd, Thompson of the 33rd, Grant of the 25th, Stoner of the 6th, Douglas of the 17th and others: A BILL to be entitled an Act to amend Code Section 31-11-31.1 of the Official Code of Georgia Annotated, relating to license fees for licensed ambulance services, so as to amend certain provisions relating to the collection of license fees for licensed ambulance services; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Regulated Industries and Utilities Committee offered the following substitute to SB 479: A BILL TO BE ENTITLED AN ACT To amend Code Section 31-11-31.1 of the Official Code of Georgia Annotated, relating to license fees for licensed ambulance services, so as to amend certain provisions relating to the collection of license fees for licensed ambulance services; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 31-11-31.1 of the Official Code of Georgia Annotated, relating to license fees for licensed ambulance services, is revised as follows: "31-11-31.1. (a) Every ambulance service, whether privately operated or operated by any political subdivision of the state or any municipality, as a condition of maintaining a valid license shall pay an annual license fee to the license officer in an amount to be determined by the Board of Human Resources but not to exceed $1,000.00 per ambulance service and $250.00 per ambulance operated by an ambulance service, and in no event shall any combined license fee from a single ambulance service exceed $10,000.00. The amount of said license fee may be periodically revised by said board. Said license fee shall become due and payable upon the initial issuance of the license and each year thereafter on the anniversary date of the initial license issuance. 1444 JOURNAL OF THE SENATE (b) All revenues collected from this annual fee shall be dedicated and deposited into the Indigent Care Trust Fund by the licensing officer." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 54, nays 0. SB 479, having received the requisite constitutional majority, was passed by substitute. SB 471. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance generally, so as to provide for regulator financial examinations of WEDNESDAY, MARCH 5, 2008 1445 domestic insurers every five years; to provide for the confidentiality of examination work papers; to provide for the immunity from liability for a contracted examiner to be the same as that of an employee of the state conducting the same state functions; 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 52, nays 1. SB 471, having received the requisite constitutional majority, was passed. SB 453. By Senators Unterman of the 45th, Butler of the 55th, Tate of the 38th, Seay of the 34th, Davenport of the 44th 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 add the state as an entity authorized to govern certain criminal activity in areas designated for recreation purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. 1446 JOURNAL OF THE SENATE The Senate Judiciary Committee offered the following substitute to SB 453: 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 add the state as an entity authorized to govern certain criminal activity in areas designated for recreation 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. Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, is amended by revising subsection (a) of Code Section 16-13-32.5, relating to manufacturing, distributing, dispensing, or possessing certain substances near park or housing projects, as follows: "(a) It shall be unlawful for any person to manufacture, distribute, dispense, or possess with intent to distribute a controlled substance or marijuana or a counterfeit substance in, on, or within 1,000 feet of any real property which has been dedicated and set apart by the governing authority of any municipality, or county, state authority, or the state for use as a park, playground, recreation center, or for any other recreation purposes, unless the manufacture, distribution, or dispensing is otherwise allowed by law." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver WEDNESDAY, MARCH 5, 2008 1447 Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Reed Y Rogers Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 54, nays 0. SB 453, having received the requisite constitutional majority, was passed by substitute. The following resolution was read and put upon its adoption: HR 1556. 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 2008 regular session of the General Assembly for the period of March 4, 2008, through March 27, 2008, shall be as follows: Tuesday, March 4. . . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 27 Wednesday, March 5 . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 28 Thursday, March 6. . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 29 Friday, March 7, through Monday, March 10 . . . . . . . . . . . . . . . . . in adjournment Tuesday, March 11. . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 30 Wednesday, March 12 . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 31 Thursday, March 13 . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 32 Friday, March 14 through Monday, March 17. . . . . . . . . . . . . . . . . in adjournment Tuesday, March 18 . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 33 Wednesday, March 19. . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 34 Thursday, March 20 . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 35 Friday, March 21 through Monday, March 24 . . . . . . . . . . . . . . . . . in adjournment Tuesday, March 25 . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 36 1448 JOURNAL OF THE SENATE Wednesday, March 26. . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 37 Thursday, March 27 . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 38 BE IT FURTHER RESOLVED that on and after March 27, 2008, the periods of adjournment of the 2008 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2008 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday. BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House. On the adoption of the resolution, there was no objection and the resolution was adopted. Senator Williams of the 19th moved that the Senate adjourn until 9:00 a.m. Thursday, March 6, 2008. The motion prevailed, and the President announced the Senate adjourned at 5:03 p.m. THURSDAY, MARCH 6, 2008 1449 Senate Chamber, Atlanta, Georgia Thursday, March 6, 2008 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 336. By Representatives Levitas of the 82nd, Bearden of the 68th, Talton of the 145th, Bridges of the 10th, Chambers of the 81st and others: A BILL to be entitled an Act to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, so as to increase the mandatory sentences; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 545. By Representatives Yates of the 73rd, Lunsford of the 110th and Knight of the 126th: 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. 1450 JOURNAL OF THE SENATE HB 602. HB 790. HB 791. HB 873. HB 948. By Representatives Cole of the 125th, Roberts of the 154th and Smith of the 129th: A BILL to be entitled an Act to amend Code Section 20-2-505 of the Official Code of Georgia Annotated, relating to the prohibition of a school board member from selling school supplies or equipment to county board and a penalty, so as to provide an exception to such prohibition; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Amerson of the 9th, Day of the 163rd, Burkhalter of the 50th, Keen of the 179th, Coleman of the 97th 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 declare the third week in October "School Bus Safety Week"; to make certain findings of fact; to repeal conflicting laws; and for other purposes. By Representatives Amerson of the 9th, Day of the 163rd, Burkhalter of the 50th, Keen of the 179th, Coleman of the 97th 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 declare the fourth Monday in October "School Bus Drivers Appreciation Day"; to make certain findings of fact; to repeal conflicting laws; and for other purposes. By Representative Lane of the 167th: A BILL to be entitled an Act to amend Code Section 47-2-266 of the Official Code of Georgia Annotated, relating to certain judicial employees membership in the Employees Retirement System of Georgia and contributions, so as to provide that a person who is a member of such retirement system because of employment as a court administrator may obtain up to four years of creditable service for prior service as a full-time law assistant for a judicial circuit; to provide for contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. By Representatives Smith of the 70th, Jones of the 46th, Houston of the 170th, Tumlin of the 38th, Ramsey of the 72nd 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 THURSDAY, MARCH 6, 2008 1451 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 sales and use tax 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 1018. By Representatives Lane of the 167th and Willard of the 49th: A BILL to be entitled an Act to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to superior court fees and construction of fee provisions, so as to provide for additional filing fees for recording an instrument that requires cross-indexing to other previously recorded documents; to provide for additional filing fees for recording an instrument that cancels, satisfies, or releases certain liens; to require that clerks perform certain functions with regard to lien cancellations or requests for cross-indexing; to provide for recording by electronic means; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1031. By Representatives Hembree of the 67th, England of the 108th, Dickson of the 6th, Maxwell of the 17th, Carter of the 175th 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 require each public high school in this state which has an interscholastic athletics program to have at least one functional automated external defibrillator on site at such school at all times for use during emergencies; to provide for legislative findings; to define a term; to provide for requirements on maintaining and using the defibrillator; to provide for state funding; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1042. By Representatives Cooper of the 41st, Wilkinson of the 52nd, Rynders of the 152nd, Maddox of the 172nd, Dickson of the 6th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, so as to prohibit a pharmacist from engaging in drug product selection or substitution for a patient undergoing immunosuppressive therapy to prevent transplant rejection without prior consent of the patient and prescribing physician; to provide for related matters; to repeal conflicting laws; and for other purposes. 1452 JOURNAL OF THE SENATE HB 1209. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Cole of the 125th, Maxwell of the 17th 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 that a local school system may enter into a contract with the State Board of Education for increased flexibility in exchange for increased accountability; to provide that a local school system can opt for the status quo; to provide for the development of a three-year strategic plan; to change certain provisions relating to waivers to improve student performance; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1327. By Representatives Geisinger of the 48th, Willard of the 49th, Jones of the 46th and Martin of the 47th: A BILL to be entitled an Act to amend an Act to reincorporate the City of Roswell in the County of Fulton, approved April 19, 2000 (Ga. L. 2000, p. 3844), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4287), so as to change the corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1361. By Representative Houston of the 170th: A BILL to be entitled an Act to create a board of elections and registration for Cook 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 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. The following Senate legislation was introduced, read the first time and referred to committee: SB 552. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Danielsville, approved March 27, 1998 (Ga. L. 1998, p. 3632), as THURSDAY, MARCH 6, 2008 1453 amended, so as to change provisions relating to administrative and service departments; to provide for changes to the effective date of removal of directors; 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 1093. By Senator Butler of the 55th: A RESOLUTION creating the Senate Study Committee for the Creation of a Georgia MethCheck Data Base; and for other purposes Referred to the Judiciary Committee. SR 1097. By Senators Rogers of the 21st, Golden of the 8th, Pearson of the 51st, Tarver of the 22nd, Mullis of the 53rd and others: A RESOLUTION creating the Senate Study Committee on the Future of Manufacturing in Georgia; and for other purposes. Referred to the Economic Development Committee. The following House legislation was read the first time and referred to committee: HB 336. By Representatives Levitas of the 82nd, Bearden of the 68th, Talton of the 145th, Bridges of the 10th, Chambers of the 81st and others: A BILL to be entitled an Act to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, so as to increase the mandatory sentences; 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 545. By Representatives Yates of the 73rd, Lunsford of the 110th and Knight of the 126th: 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 1454 JOURNAL OF THE SENATE 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 602. By Representatives Cole of the 125th, Roberts of the 154th and Smith of the 129th: A BILL to be entitled an Act to amend Code Section 20-2-505 of the Official Code of Georgia Annotated, relating to the prohibition of a school board member from selling school supplies or equipment to county board and a penalty, so as to provide an exception to such prohibition; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 790. By Representatives Amerson of the 9th, Day of the 163rd, Burkhalter of the 50th, Keen of the 179th, Coleman of the 97th 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 declare the third week in October "School Bus Safety Week"; to make certain findings of fact; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 791. By Representatives Amerson of the 9th, Day of the 163rd, Burkhalter of the 50th, Keen of the 179th, Coleman of the 97th 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 declare the fourth Monday in October "School Bus Drivers Appreciation Day"; to make certain findings of fact; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. THURSDAY, MARCH 6, 2008 1455 HB 873. By Representative Lane of the 167th: A BILL to be entitled an Act to amend Code Section 47-2-266 of the Official Code of Georgia Annotated, relating to certain judicial employees membership in the Employees Retirement System of Georgia and contributions, so as to provide that a person who is a member of such retirement system because of employment as a court administrator may obtain up to four years of creditable service for prior service as a full-time law assistant for a judicial circuit; to provide for contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 948. By Representatives Smith of the 70th, Jones of the 46th, Houston of the 170th, Tumlin of the 38th, Ramsey of the 72nd 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 sales and use tax 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 1018. By Representatives Lane of the 167th and Willard of the 49th: A BILL to be entitled an Act to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to superior court fees and construction of fee provisions, so as to provide for additional filing fees for recording an instrument that requires cross-indexing to other previously recorded documents; to provide for additional filing fees for recording an instrument that cancels, satisfies, or releases certain liens; to require that clerks perform certain functions with regard to lien cancellations or requests for cross-indexing; to provide for recording by electronic means; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. 1456 JOURNAL OF THE SENATE HB 1031. By Representatives Hembree of the 67th, England of the 108th, Dickson of the 6th, Maxwell of the 17th, Carter of the 175th 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 require each public high school in this state which has an interscholastic athletics program to have at least one functional automated external defibrillator on site at such school at all times for use during emergencies; to provide for legislative findings; to define a term; to provide for requirements on maintaining and using the defibrillator; to provide for state funding; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 1042. By Representatives Cooper of the 41st, Wilkinson of the 52nd, Rynders of the 152nd, Maddox of the 172nd, Dickson of the 6th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, so as to prohibit a pharmacist from engaging in drug product selection or substitution for a patient undergoing immunosuppressive therapy to prevent transplant rejection without prior consent of the patient and prescribing physician; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 1209. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Cole of the 125th, Maxwell of the 17th 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 that a local school system may enter into a contract with the State Board of Education for increased flexibility in exchange for increased accountability; to provide that a local school system can opt for the status quo; to provide for the development of a three-year strategic plan; to change certain provisions relating to waivers to improve student performance; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. THURSDAY, MARCH 6, 2008 1457 HB 1327. By Representatives Geisinger of the 48th, Willard of the 49th, Jones of the 46th and Martin of the 47th: A BILL to be entitled an Act to amend an Act to reincorporate the City of Roswell in the County of Fulton, approved April 19, 2000 (Ga. L. 2000, p. 3844), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4287), so as to change the corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1361. By Representative Houston of the 170th: A BILL to be entitled an Act to create a board of elections and registration for Cook 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 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. 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 1099 Do Pass HB 1330 Do Pass HB 1347 Do Pass SB 516 Do Pass Respectfully submitted, Senator Wiles of the 37th District, Chairman 1458 JOURNAL OF THE SENATE The following legislation was read the second time: HB 961 HB 1019 HB 1026 HB 1055 HB 1111 HB 1201 HR 1206 SB 36 SB 196 SB 305 SB 327 SB 328 SB 329 SB 386 SB 413 SB 441 SB 442 SB 445 SB 451 SB 461 SB 465 SB 477 SB 480 SB 481 SB 514 SB 517 SB 519 SB 521 SB 523 SB 526 SB 529 SB 531 SB 533 SB 535 SB 537 SB 538 SB 539 SB 541 SB 542 SB 547 SB 548 SB 549 SR 706 SR 721 SR 831 SR 842 SR 1007 SR 1024 SR 1030 SR 1047 SR 1052 SR 1055 SR 1056 SR 1060 SR 1063 SR 1074 The following Senators were excused for business outside the Senate Chamber: Carter of the 13th Seabaugh of the 28th 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 Brown Bulloch Butler Chance Chapman Cowsert Davenport Douglas Fort Goggans Golden Grant Hamrick Harp Hawkins Heath Hill,Jack Hill,Judson Hooks Hudgens Jackson Johnson Jones Me V Bremen Moody Mullis Murphy Orrock Pearson Powell Ramsey Reed Rogers Schaefer Seay Shafer,D Smith Staton Stoner Tarver Tate Thomas,D Thomas,R Thompson,C Thompson,S Tolleson Unterman Weber Wiles Williams THURSDAY, MARCH 6, 2008 1459 Not answering were Senators: Carter (Excused) Seabaugh (Excused) Harbison (Excused) Henson The members pledged allegiance to the flag. Senator Hamrick of the 30th introduced the chaplain of the day, Laurie Sparks of Forest Park, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 1088. By Senator Rogers of the 21st: A RESOLUTION commending Thomas Reese Holman; and for other purposes. SR 1089. By Senator Williams of the 19th: A RESOLUTION recognizing and commending Weslee Stipe on winning at the 2007 Karate World Games; and for other purposes. SR 1090. By Senator Williams of the 19th: A RESOLUTION recognizing and commending Brooks Stipe on winning at the 2007 Karate World Games; and for other purposes. SR 1091. By Senator Williams of the 19th: A RESOLUTION recognizing and commending Carolina Kersey on winning at the 2007 Karate World Games; and for other purposes. SR 1092. By Senator Hooks of the 14th: A RESOLUTION recognizing March 6, 2008, as Diabetes Awareness Day and commending the sixth, seventh, and eighth grade gifted students at Fort Valley Middle School; and for other purposes. SR 1094. By Senators Douglas of the 17th, Jones of the 10th and Davenport of the 44th: A RESOLUTION recognizing and commending Sheriff Donald Chaffin; and for other purposes. 1460 JOURNAL OF THE SENATE SR 1095. By Senator Meyer von Bremen of the 12th: A RESOLUTION recognizing and commending the Association of Junior Leagues International (AJLI) and its Georgia State Public Affairs Committee (SPAC); and for other purposes. SR 1096. By Senators Fort of the 39th and Tate of the 38th: A RESOLUTION recognizing the exhibit "From a Culture of Violence to a Culture of Peace: Transforming the Human Spirt"; and for other purposes. SR 1098. By Senators Moody of the 56th, Johnson of the 1st, Unterman of the 45th, Hooks of the 14th, Butler of the 55th and others: A RESOLUTION recognizing and honoring the life of the Honorable Dorothy W. Felton; and for other purposes. SR 1099. By Senator Tolleson of the 20th: A RESOLUTION recognizing and commending Mr. Foy Evans; and for other purposes. SR 1038. By Senators Adelman of the 42nd, Hooks of the 14th, Hill of the 32nd, Thompson of the 5th, Rogers of the 21st and others: A RESOLUTION urging the Government of Turkey to grant the Ecumenical Patriarch appropriate international recognition, ecclesiastical succession, and the right to train clergy of all nationalities and to respect the property rights and human rights of the Ecumenical Patriarchate; and for other purposes. Senator Bulloch of the 11th was excused for business outside the Senate Chamber. 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. 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 6, 2008 Twenty-ninth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 1099 HB 1330 HB 1347 THURSDAY, MARCH 6, 2008 1461 Jones of the 10th Douglas of the 17th Davenport 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 19, 2006 (Ga. L. 2006, p. 3611), 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 provide for an effective date; to repeal conflicting laws; and for other purposes. Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Wiles of the 37th COBB COUNTY- MARIETTA WATER AUTHORITY A BILL to be entitled an Act to amend an Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5296), so as to provide for an increase in the debt limit for the issuance of negotiable bonds; 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. 1462 JOURNAL OF THE SENATE Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following local bill relating to homestead exemptions requires a two-thirds roll-call vote for passage: SB 516 Thompson of the 5th Jones of the 10th Weber of the 40th Henson of the 41st Adelman of the 42nd Ramsey of the 43rd Butler of the 55th DEKALB COUNTY A BILL to be entitled an Act to provide a homestead exemption from DeKalb County School District ad valorem taxes for educational purposes in the amount of $2,500.00 of the assessed value of the homestead for certain residents of that school district in each taxable year in which a sales and use tax for educational purposes is imposed and collected in such school district for any portion of that year pursuant to Article VIII, Section VI, Paragraph IV of the Constitution; 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 E Bulloch Y Butler E Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Schaefer E Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C THURSDAY, MARCH 6, 2008 1463 Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Murphy Orrock Y Pearson Y Powell Y Ramsey Reed Y Rogers Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Y Williams On the passage of the local legislation, the yeas were 47, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. Senator Cowsert of the 46th introduced the doctor of the day, Dr. John Hill. Senator Johnson of the 1st recognized Professor Bill Thomas, commended by SR 1086, adopted previously. Professor Bill Thomas addressed the Senate briefly. Senator Grant of the 25th was excused for business outside the Senate Chamber. SB 396 SB 217 SB 412 SB 414 SB 404 SENATE RULES CALENDAR THURSDAY, MARCH 6, 2008 TWENTY-NINTH LEGISLATIVE DAY Administrative Services Dept.; remove/transfer functions; Council of Superior Court Judges of Ga., Prosecuting Attorneys' Council (Substitute) (JUDY-30th) Property Owners' Associations; shall have standing as a party to bring legal action to enforce covenants (Substitute) (S JUDY-5th) Motor Vehicles; change nomenclature from "air bag" to "life bag" and "safety belt" to "life belt" (PUB SAF-10th) 2008 Georgia Firefighter Standards and Training Council Act; revise definitions; provide for calling of meetings/quorum (Substitute) (PUB SAF-53rd) Georgia Health Marketplace Act; provide access to health care products for Georgia consumers; provide for definitions; membership; powers (Substitute) (H&HS-19th) 1464 JOURNAL OF THE SENATE SB 424 Barber; obtaining license to practice; change certain requirements; provisions; provide exceptions (Substitute) (RI&Util-25th) SB 425 Insuring/Indemnification; Commissioner of Admin. Services; amend certain provisions; establish incentive programs (I&L-25th) SB 449 Landowners Protection Act of 2008; limit liability of certain landowners; who permit hunting on their property or allowing for agritourism (ECD-31st) SB 438 Rules of the Road; serious injury due to right of way violation resulting in a collision; provide for a penalty for a second offense (Substitute) (JUDY-53rd) SB 482 Government; State Law Library; repeal chapter 11 (Substitute) (S JUDY-32nd) SB 504 Insurance; religious nonprofit organization; health care cost sharing arrangement with its members; definitions (Substitute) (I&L-32nd) SB 483 Child Support; revise certain definitions; process of calculating; provisions (JUDY-29th) SB 518 Insurance; include contracts, agreements; removal of dents in motor vehicle; within definition of property insurance (Substitute) (I&L-21st) SR 820 Joint Department of Natural Resources Law Enforcement Study Committee; create (NR&E-53rd) SR 515 Ad Valorem Taxation; exemptions which may be authorized locally-CA (Substitute) (SLGO(G)-35th) 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 396. By Senators Hamrick of the 30th, Smith of the 52nd and Chance of the 16th: A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts, so as to remove all functions of the Department of Administrative THURSDAY, MARCH 6, 2008 1465 Services and transfer such functions; to transfer administrative, and salary paying and travel expense reimbursement functions for superior court judges and court reporters to the Council of Superior Court Judges of Georgia; to amend Code Section 45-12-78 of the O.C.G.A., relating to heads of budget units to submit annual estimates, preparation and submission of budget estimates of legislative and judicial agencies, and review of budget estimates by the Office of Planning and Budget, so as provide that requests for new, expanded, relocated, or renovated rental real estate space be reviewed by the State Properties Commission in lieu of the Department of Administrative Services; to provide for related matters; 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 Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to remove all functions of the commissioner of administrative services and the Department of Administrative Services and transfer such functions; to transfer administrative and salary paying and travel expense reimbursement functions for superior court judges and court reporters to The Council of Superior Court Judges of Georgia; to transfer administrative and salary paying functions for district attorneys and their staff to the Prosecuting Attorneys Council of the State of Georgia; to remove the commissioner of administrative services from the Georgia Courts Automation Commission; to repeal provisions relating to alternate hiring procedure of secretaries; to repeal provisions that prohibit the Prosecuting Attorneys Council of the State of Georgia from employing certain retired personnel; to amend Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the 'Uniform Reciprocal Enforcement of Support Act,' so as to correct cross-references; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that requests for new, expanded, relocated, or renovated rental real estate space be reviewed by the State Properties Commission in lieu of the Department of Administrative Services; to revise provisions relating to employees health insurance; to amend Code Section 50-5B-2 of the Official Code of Georgia Annotated, relating to administrative units, directors, and employees of the State Accounting Office, so as to provide that The Council of Superior Court Judges of Georgia and the Prosecuting Attorneys Council of the State of Georgia shall be separate units within the State Accounting Office; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 1466 JOURNAL OF THE SENATE SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Code Section 15-5-60, relating to contracts with state agencies for administrative functions, services, and equipment, as follows: "15-5-60. The Council of Superior Court Judges of Georgia shall be authorized to contract with the Department of Administrative Services or other agency of state government, from provide for or contract for administrative functions, services, and equipment necessary for the fulfillment of the responsibilities of the superior courts with funds appropriated or otherwise available for the operation of the superior courts of the state, to provide such administrative functions, services, and equipment necessary for the fulfillment of the responsibilities of the superior courts." SECTION 2. Said title is further amended by revising subsection (a) of Code Section 15-5-81, relating to the advisory council to the Georgia Courts Automation Commission, as follows: "(a) There shall be an advisory council to the Georgia Courts Automation Commission. The advisory council shall consist of: the commissioner of administrative services or the commissioners designee, the director of the Georgia Bureau of Investigation or the directors designee, the commissioner of corrections or the commissioners designee, the commissioner of public safety or the commissioners designee, the chairman of the State Board of Pardons and Paroles or the chairmans designee, the director of the Administrative Office of the Courts or the directors designee, the director of the Criminal Justice Coordinating Council or the directors designee, the director of the Children and Youth Coordinating Council or the directors designee, and the executive director of the Georgia Technology Authority or the executive directors designee." SECTION 3. Said title is further amended by revising subsections (a) and (b) of Code Section 15-6-29, relating to the salary of superior court judges, as follows: "(a) The annual salary of the judges of the superior courts shall be as provided in Code Section 45-7-4. The salary shall be paid by the Department of Administrative Services The Council of Superior Court Judges of Georgia in 12 equal monthly installments. (b) The salary so fixed shall be the total compensation to be paid by the state to the superior court judges and shall be in lieu of any and all other amounts to be paid from the Department of Administrative Services The Council of Superior Court Judges of Georgia, except as provided in Code Sections 15-6-30 and 15-6-32." SECTION 4. Said title is further amended by revising subsection (d) of Code Section 15-6-30, relating to travel expenses of superior court judges, as follows: "(d) The several judges of the superior courts shall, once a month, submit a detailed and certified statement of the items of expense, as authorized by this Code section, to THURSDAY, MARCH 6, 2008 1467 the state auditor; and the state auditor is directed to audit each account and approve same for payment, if found correct, and to transmit the total amount to the Department of Administrative Services The Council of Superior Court Judges of Georgia for payment from the funds available for the operation of the superior courts of this state. Senior judges of the superior courts shall, once a month, submit a detailed and certified statement of the items of expense, as authorized by Code Sections 47-8-64 and 47-23100, to the state auditor; and the state auditor is directed to audit each account and approve same for payment, if found correct, and to transmit the total amount to the Department of Administrative Services The Council of Superior Court Judges of Georgia for payment from the funds available for the operation of the superior courts of this state." SECTION 5. Said title is further amended by revising Code Section 15-6-31, relating to contingent expense allowance, which is reserved, as follows: "15-6-31. Effective July 1, 2008, the ministerial functions of the commissioner of administrative services or of the Department of Administrative Services relating to the payment of salaries, benefits, and expenses of superior court judges, and other state paid personnel authorized by this chapter shall be transferred to and performed by The Council of Superior Court Judges of Georgia. Reserved." SECTION 6. Said title is further amended by revising subsections (a) and (d) of Code Section 15-14-6, relating to contingent expenses and travel expenses of court reporters, as follows: "(a) The Department of Administrative Services Council of Superior Court Judges of Georgia is authorized and directed to pay from the state treasury the sums specified in subsection (b) of this Code section as contingent expense and travel allowance to each duly appointed reporter for the superior courts in all judicial circuits of this state, such sum being in addition to the compensation of the superior court reporters provided by law." "(d) Annually during the month of January the judge or chief judge of each judicial circuit shall certify to the Department of Administrative Services The Council of Superior Court Judges of Georgia the names and addresses of all persons duly appointed as reporters for the superior courts in the judicial circuit and shall thereafter notify the department council of the removal of such persons from office or the appointment of additional persons as superior court reporters, together with the effective date of such removal or appointment." SECTION 7. Said title is further amended by revising subparagraph (a)(1)(B) of Code Section 15-1814, relating to the appointment, qualifications, compensation, personnel actions, and transfers and promotions of prosecuting attorneys, as follows: 1468 JOURNAL OF THE SENATE "(B) Subject to the availability of funding and at the option of the Department of Human Resources, at least one assistant district attorney to perform duties described specifically under Code Sections 19-11-23 and 19-11-53 and generally under Article 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act,' Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act,' and Article 3 of Chapter 11 of Title 19, the 'Uniform Interstate Family Support Act.' The district attorney retains the authority to appoint one or more assistant district attorneys, who shall be county employees, to perform the aforementioned statutory duties, so long as such appointments are pursuant to a contract for such services with the Department of Human Resources. Once the election to make this position a state position is made, under this statutory provision, it shall be irrevocable. Contractual funds shall be paid by the Department of Human Resources to the Department of Administrative Services Prosecuting Attorneys Council of the State of Georgia in accordance with the compensation provisions of this Code section, or at the election of the appointed attorney, to the appointed attorneys judicial circuit, in accordance with the compensation provisions of that judicial circuit; and" SECTION 8. Said title is further amended by revising subsection (d) of Code Section 15-18-14.2, relating to victim assistance coordinator, as follows: "(d) Not later than June 1 of each year, the Prosecuting Attorneys Council of the State of Georgia shall furnish to each district attorney and the Department of Administrative Services a budget for the judicial circuit based on the amount appropriated by the General Assembly or otherwise available for personnel and operations of victim assistance programs authorized by this Code section." SECTION 9. Said title is further amended by revising Code Section 15-18-18, relating to alternate hiring procedure of secretaries, as follows: "15-18-18. (a) In lieu of hiring a secretary under Code Section 15-18-17, each district attorney, with the written consent of the governing authority of any county or counties within his or her judicial circuit, may employ a secretary who shall be an employee of the county which pays the compensation of the secretary and in which the governing authority has given its consent to compensate the secretary. Upon employing the secretary, it shall be the duty of the district attorney to notify the commissioner of administrative services of such fact and of the amount of the compensation to be paid to the secretary. It shall be the further duty of the district attorney to notify the commissioner of any change in the status or compensation of the secretary. The commissioner of administrative services shall reimburse the county or counties paying the compensation from funds appropriated or otherwise available for the operation of the superior courts for the compensation paid to the secretary plus any employer contribution paid for the secretary under the act of Congress approved August 14, 1935, 49 Stat. 620, known as THURSDAY, MARCH 6, 2008 1469 the Social Security Act, as amended; but such payments shall not exceed the maximum amount payable directly to or for a secretary under Code Section 15-18-17. (b) The provisions of this Code section shall apply only to those personnel employed prior to July 1, 1997. In the event of any vacancy which occurs after July 1, 1997, in a position heretofore compensated by a county pursuant to this Code section, said vacancy shall be filled as provided in Code Section 15-18-17. Reserved." SECTION 10. Said title is further amended by revising paragraph (5) of subsection (e) of Code Section 15-18-19, relating to state paid personnel, powers and policies relating thereto, and salary schedules, as follows: "(5) The compensation of state paid personnel appointed pursuant to this article shall be paid in equal installments by the Department of Administrative Services Prosecuting Attorneys Council of the State of Georgia as provided by this subsection from funds appropriated for such purpose. The council may, with the consent of the Department of Administrative Services, authorize employees compensated pursuant to this Code section to participate in voluntary salary deductions as provided by Article 3 of Chapter 7 of Title 45." SECTION 11. Said title is further amended by revising paragraph (2) of subsection (c) of Code Section 15-18-40, relating to the Prosecuting Attorneys Council of the State of Georgia purpose and function, as follows: "(2) From such funds as may be appropriated or otherwise available for the operation of the superior courts or prosecuting attorneys, may provide such administrative functions, services, supplies, equipment, or operating expenses as may be necessary for the fulfillment of the duties and responsibilities of such prosecuting attorneys and may contract with the Department of Administrative Services or any other department, bureau, agency, commission, institution, or authority of this state or any other entity for such purpose." SECTION 12. Said title is further amended by adding a new subsection to Code Section 15-18-40, relating to the Prosecuting Attorneys Council of the State of Georgia purpose and function, to read as follows: "(d) Effective July 1, 2008, the ministerial functions of the commissioner of administrative services or of the Department of Administrative Services relating to the payment of salaries, benefits, and expenses for district attorneys and district attorney personnel appointed pursuant to Article 1 of this chapter or solicitors-general shall be transferred to and performed by the council." SECTION 13. Said title is further amended by revising subsection (d) of Code Section 15-18-44, 1470 JOURNAL OF THE SENATE relating to powers and duties of the Prosecuting Attorneys Council of the State of Georgia, as follows: "(d) The council may not provide compensation from its funds to any administrative or clerical personnel employed by the council if the personnel are then receiving retirement compensation from the Trial Judges and Solicitors Retirement Fund, the Peace Officers Annuity and Benefit Fund, the Sheriffs Retirement Fund of Georgia, the Superior Court Clerks Retirement Fund of Georgia, the Superior Court Judges Retirement Fund of Georgia, or any other retirement fund created by state law to provide compensation for past services as a judicial officer, prosecuting attorney, court officer, or law enforcement officer except for county or municipal retirement funds." SECTION 14. Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the 'Uniform Reciprocal Enforcement of Support Act,' is amended by revising paragraph (3) of Code Section 19-11-58, relating to the Department of Human Resources designation as the state information agency and duties, as follows: "(3) To approve as to form all orders for payment of the district attorneys fees and forward same to the commissioner of administrative services Prosecuting Attorneys Council of the State of Georgia for payment; and" SECTION 15. Said article is further amended by revising Code Section 19-11-59, relating to payment of district attorneys fee, as follows: "19-11-59. The fee of the district attorney arising under this article shall be paid by the commissioner of administrative services Prosecuting Attorneys Council of the State of Georgia upon receipt of the order for the payment of such fees that has been approved by the state information agency. Payment shall be made from funds appropriated for the operation of the superior courts district attorneys." SECTION 16. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by revising subsection (e) of Code Section 45-12-78, relating to heads of budget units to submit annual estimates, preparation and submission of budget estimates of legislative and judicial agencies, and review of budget estimates by the Office of Planning and Budget, as follows: "(e) To effect the goal of decentralization, prior to September 1 of each year, the Office of Planning and Budget shall send all requests for new, expanded, relocated, or renovated rental real estate space to the Department of Administrative Services for an evaluation to determine conformity with Article 2 of Chapter 5 of Title 50, the 'State Space Management Act of 1976.' State Properties Commission. The Department of Administrative Services State Properties Commission shall return such evaluation to the THURSDAY, MARCH 6, 2008 1471 Office of Planning and Budget prior to the Governors submission of the budget to the General Assembly as provided in Code Section 45-12-79." SECTION 17. Said title is further amended by revising subsection (a) of Code Section 45-18-14, relating to deductions from compensation and benefit payments of share of cost of coverage under plan of employees, payment of contributions to health insurance fund by departments, boards, and agencies of state, and coverage of employee appealing discharge, as follows: "(a) During any period in which an employee is covered under this article prior to the date of his or her retirement, there shall be withheld from each salary payment or other compensation of such employee, as his or her share of the cost of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this article as may be established by the board. During any month in which benefits are being paid by the Employees Retirement System of Georgia to an individual so covered under this program, contributions in the amounts prescribed by the board shall be deducted from such payments with the consent of the recipient. The various departments, boards, and agencies of the executive and judicial branches of state government shall contribute to the health insurance fund such portions of the cost of such benefits as may be established by the board and the Governor as funds become available in each department, board, and agency, in addition to an amount to be established by the board to defray the cost of administration and the states portion of the cost of benefits payable for annuitants. The legislative fiscal officer shall contribute to the health insurance fund as an employer payment for and on behalf of all members of the General Assembly and its administrative and clerical personnel. The Department of Administrative Services Prosecuting Attorneys Council of the State of Georgia shall contribute to the fund as an employer payment for and on behalf of district attorneys, assistant district attorneys, and other paid state personnel appointed pursuant to Code Section 15-18-14, and Article 1 of Chapter 18 of Title 15. The Council of Superior Court Judges of Georgia shall contribute to the fund as an employer payment for and on behalf of secretaries and law clerks of the superior courts of the state and secretaries employed by district attorneys. The amount of such contributions shall be such portions of the costs of such benefits as may be established by the board; and, in addition thereto, an amount to be established by the board shall be contributed to defray the costs of administration. The board shall determine whether such employer portion shall be determined based upon a percentage of the total outlay for personal services or determined on an amount per employee electing coverage under the plan based on the coverage elected, in accordance with the appropriation of funds." SECTION 18. Code Section 50-5B-2 of the Official Code of Georgia Annotated, relating to administrative units, directors, and employees of the State Accounting Office, is amended 1472 JOURNAL OF THE SENATE by revising subsection (a) as follows: "(a) The state accounting officer shall establish such units within the State Accounting Office as he or she deems proper for its administration, including The Council of Superior Court Judges of Georgia and the Prosecuting Attorneys Council of the State of Georgia as separate units with distinct accounting functions, and shall designate persons to be directors and assistant directors of such units to exercise such authority as he or she may delegate to them in writing." SECTION 19. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Williams On the passage of the bill, the yeas were 51, nays 0. SB 396, having received the requisite constitutional majority, was passed by substitute. THURSDAY, MARCH 6, 2008 1473 SB 217. By Senators Thompson of the 5th, Shafer of the 48th, Weber of the 40th and Stoner of the 6th: A BILL to be entitled an Act to amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to property owners associations, so as to provide that certain property owners associations and similar organizations shall have standing as a party to bring a legal action to enforce certain covenants; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Special Judiciary Committee offered the following substitute to SB 217: A BILL TO BE ENTITLED AN ACT To amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to property owners associations, so as to provide that certain property owners associations and similar organizations shall have standing as a party and a party in interest to bring a legal action to enforce certain covenants, ordinances, and codes; to provide for procedures; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to property owners associations, is amended by designating the existing text of the article as Part 1 and adding a new Part 2 to read as follows: "Part 2 44-3-250. As used in this part, the term 'homeowners association' includes but is not limited to a property owners association subject to Part 1 of this article. The term also includes any homeowners association, community association, or other similar organization which has as one of its principal purposes the preservation or promotion of its member homeowners enjoyment of their property in any residential neighborhood or community. The term shall include any such organization without regard to whether it consists of a corporation, an association, or some other form of organization. The term shall include any such organization without regard to whether membership in the organization is voluntary or mandatory and without regard to the number of eligible homeowners who are members. 1474 JOURNAL OF THE SENATE 44-3-251. (a) To the extent that a homeowners association does not have the required legal standing under any other provision of law, any homeowners association shall have legal standing as a party and a real party in interest to bring or intervene in a legal action to enforce any covenant or county or municipal ordinance or code where a violation of the covenant or ordinance or code diminishes one or more member homeowners enjoyment of their property. The violation at issue may be one occurring on a members property or one occurring on nearby property not that of a member. The homeowners association shall have standing to bring suit or intervene when: (1) One or more of its members would otherwise have standing to sue or intervene in their own right; (2) The interests it seeks to protect are germane to the homeowners associations purpose; and (3)(A) Neither the claim asserted nor the relief requested requires the participation as parties of individual members; or (B) Any individual member whose participation is required joins as a party. (b) The final disposition of an action subject to this Code section shall be res judicata with respect to the association. (c) Nothing in this Code section shall be construed to modify or limit any rights given to a homeowners association under any of the provisions of Article 6 of Chapter 3 of Title 44, the 'Georgia Property Owners Association Act,' Article 3 of Chapter 3 of Title 44, the 'Georgia Condominium Act,' or Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code.' 44-3-252. (a) Except as provided for in subsection (b) of this Code section, no less than 30 days prior to a homeowners association bringing or intervening in a legal action, as authorized by subsection (a) of Code Section 44-3-251, the homeowners association shall make a good faith effort to notify its members of its intention to bring or intervene in such legal action by providing a written notice meeting the requirements of paragraph (1) of subsection (c) of this Code section by hand delivery or any form of United States Postal Service mail or by posting signs meeting the requirements of paragraph (2) of subsection (c) of this Code section for three consecutive days in no less than three conspicuous places in the property owners development, community center, clubhouse, or other gathering or recreational site. (b) As soon as practicable, but in any event no later than when efforts are made to give notice to an adverse party of an ex parte hearing in the homeowners associations application for a temporary restraining order, as authorized by subsection (a) of Code Section 44-3-251, or no later than 24 hours after the conclusion of such ex parte hearing, whichever first occurs, the homeowners association shall make a good faith effort to notify its members of its bringing of or intervention in such application for a temporary restraining order by providing a written notice meeting the requirements of paragraph (1) of subsection (d) of this Code section by hand delivery or any form of THURSDAY, MARCH 6, 2008 1475 United States Postal Service mail or by posting signs meeting the requirements of paragraph (2) of subsection (d) of this Code section for three consecutive days in no less than three conspicuous places in the property owners development, community center, clubhouse, or other gathering or recreational site. (c)(1) Any written notice as provided for in subsection (a) of this Code section shall be substantially as follows, with the paragraph immediately preceding the complimentary close in boldface type: '[Salutation] Within 30 days of the hand delivery or mailing of this notice to you, [name of homeowners association] plans to initiate or intervene in a legal action against [address of property and, if notice of an intervention, the case style]. This legal action involves allegations of a violation of a covenant of this residential neighborhood or of a county or municipal ordinance or code, and [name of homeowners associations] plan to initiate or intervene in this legal action will be on behalf of one or more of our homeowners. For more information, please contact [name of homeowners association] at [address and phone number of the contact for homeowners association]. Neither the claim asserted in this proposed lawsuit nor the relief requested requires your participation. This does not necessarily mean that you would not have to be involved in some aspect of the legal action, such as, by way of examples only, being deposed before trial or being called as a witness to trial. Whether or not you choose to participate or are not required to be involved, you are hereby advised that the final disposition of the case will preclude any homeowner from taking any further action or seeking any further relief. [Complimentary close] [Name of homeowners association]' (2) Any sign posted as provided for in subsection (a) of this Code section shall be substantially as follows: (A) The sign shall be at least 36 inches in height and 36 inches in width with a white background; and (B) The sign shall contain the following language in black lettering with the last sentence in boldface type: 'Within 30 days, [name of homeowners association] plans to initiate or intervene in a legal action against [address of property]. This legal action involves allegations of a violation of a covenant of this residential neighborhood or of a county or municipal ordinance or code, and [name of homeowners associations] plan to initiate or intervene in this legal action will be on behalf of one or more of our homeowners. For more information, please contact [name of homeowners association] at [address and phone number of the contact for homeowners association]. You are hereby advised that the final disposition of the case will preclude any homeowner from taking any further action or seeking any further relief.' (d)(1) Any written notice as provided for in subsection (b) of this Code section shall 1476 JOURNAL OF THE SENATE be substantially as follows, with the paragraph immediately preceding the complimentary close in boldface type: '[Salutation] [Name of homeowners association] has, within the past couple of days, initiated or intervened in or, within the next couple of days, plans to initiate or intervene in a legal application for a temporary restraining order against [address of property and, if notice of an intervention, the case style]. This application involves allegations of a violation of a covenant of this residential neighborhood or of a county or municipal ordinance or code, and [name of homeowners associations] plan to initiate or intervene in this legal action will be on behalf of one or more of our homeowners. For more information, please contact [name of homeowners association] at [address and phone number of the contact for the homeowners association]. Neither the claim asserted in this proposed lawsuit nor the relief requested requires your participation. This does not necessarily mean that you would not have to be involved in some aspect of the legal action, such as, by way of examples only, being deposed before a hearing or trial or being called as a witness to a hearing or trial. Whether or not you choose to participate or are not required to be involved, you are hereby advised that the final disposition of the case will preclude any homeowner from taking any further action or seeking any further relief. [Complimentary close] [Name of homeowners association]' (2) Any sign posted as provided for in subsection (b) of this Code section shall be substantially as follows: (A) The sign shall be at least 36 inches in height and 36 inches in width with a white background; and (B) The sign shall contain the following language in black lettering with the last sentence in boldface type: '[Name of homeowners association] has, within the past couple of days, initiated or intervened in or, within the next couple of days, plans to initiate or intervene in a legal application for a temporary restraining order. This application involves allegations of a violation of a covenant of this residential neighborhood or of a county or municipal ordinance or code, and [name of homeowners associations] plan to initiate or intervene in this legal action will be on behalf of one or more of our homeowners. For more information, please contact [name of homeowners association] at [address and phone number of the contact for homeowners association]. You are hereby advised that the final disposition of the case will preclude any homeowner from taking any further action or seeking any further relief.' (e) No documentation of actual receipt of notice shall be required for any good faith effort required under this Code section. (f) This Code section shall not apply to a property owners association subject to Part 1 THURSDAY, MARCH 6, 2008 1477 of this article for a particular development or an owners association referenced in the recorded real estate records for a particular development. 44-3-253. Where there exists a property owners association subject to Part 1 of this article for a particular development or an owners association referenced in the recorded real estate records for a particular development, in covenants that have not expired, no other homeowners association may act under this part with respect to the enforcement of covenants running with land within that development. 44-3-254. (a) This part shall have no application to the determination of standing with respect to any action involving: (1) The adoption of a zoning ordinance; (2) The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance; (3) The adoption of an amendment to a zoning ordinance which rezones property from one zoning classification to another; (4) The adoption of an amendment to a zoning ordinance by a municipal local government which zones property to be annexed into the municipality; (5) The grant of a governmental permit relating to the use of property; or (6) Other similar government decisions relating to the development or use of property. (b) Standing in actions described in this Code section shall be determined as otherwise provided by law." 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. Senators Wiles of the 37th, Thompson of the 5th and Meyer von Bremen of the 12th offered the following amendment #1: Amend the committee substitute to SB 217 by striking lines 19 and 20 on page one and inserting in lieu thereof the following: "be limited to a corporation or limited liability corporation incorporated in the state of Georgia. The term shall include any such" On the adoption of the amendment, there were no objections, and the Wiles et al. amendment #1 to the committee substitute was adopted. 1478 JOURNAL OF THE SENATE Senators Hill of the 32nd, Balfour of the 9th, Adelman of the 42nd and Unterman of the 45th offered the following amendment #2: Amend the committee substitute to SB 217 (LC 36 0961S) by adding after the first semicolon on line 5 of page 1 the following: to provide that such organizations shall not be authorized to prohibit certain displays under this Act or other laws or procedures; By striking the quotation mark on line 2 of page 6 and inserting between lines 2 and 3 of page 6 the following: 44-3-255. A homeowners association shall not be authorized, either under this part or the procedures provided by this part or under any other law or any other procedures, to prohibit or enforce a prohibition against the display of a mezuzah." On the adoption of the amendment, there were no objections, and the Hill of the 32nd et al. amendment #2 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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 E Bulloch Y Butler Y Carter Y Chance Y Chapman N Cowsert Y Davenport Y Douglas Y Fort N Goggans Y Golden Y Grant Y Hamrick Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens N Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock N Pearson Y Powell N Schaefer Y Seabaugh Y Seay Y Shafer,D N Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson E Unterman Y Weber THURSDAY, MARCH 6, 2008 1479 E Harbison Y Harp N Hawkins Y Ramsey Y Reed N Rogers Y Wiles Y Williams On the passage of the bill, the yeas were 43, nays 8. SB 217, having received the requisite constitutional majority, was passed by substitute. Senator Douglas of the 17th was excused for business outside the Senate Chamber. SB 412. By Senators Jones of the 10th, Brown of the 26th, Johnson of the 1st, Seay of the 34th, Chapman of the 3rd and others: A BILL to be entitled an Act to amend Article 7 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to motor vehicle sales and transfers, so as to change nomenclature from "air bag" to "life bag"; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change nomenclature from "safety belt" to "life belt"; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to change nomenclature from "air bag" to "life bag"; 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 N Balfour Y Brown E Bulloch Y Butler Y Carter Y Chance Y Chapman N Cowsert Y Davenport E Douglas Y Fort Y Goggans Y Golden N Grant N Hamrick N Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Schaefer N Seabaugh Y Seay Y Shafer,D N Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson N Unterman Y Weber 1480 JOURNAL OF THE SENATE E Harbison Y Harp Y Hawkins Y Ramsey Y Reed Rogers N Wiles Y Williams On the passage of the bill, the yeas were 42, nays 10. SB 412, having received the requisite constitutional majority, was passed. Senator Hudgens of the 47th was excused for business outside the Senate Chamber. SB 414. By Senators Mullis of the 53rd, Johnson of the 1st, Murphy of the 27th, Seay of the 34th, Chapman of the 3rd and others: A BILL to be entitled an Act to amend Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to provide a short title; to revise certain definitions; to provide for the calling of meetings and the quorum for meetings of the Georgia Firefighter Standards and Training Council; to authorize the Georgia Firefighter Standards and Training Council to adopt rules for the transaction of business and for the creation of committees; to authorize the Georgia Firefighter Standards and Training Council to probate, suspend, or otherwise sanction persons for violating its standards for employment and training related to fire safety and fire fighting; to delete an obsolete provision concerning qualifications of firefighters; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Public Safety Committee offered the following substitute to SB 414: A BILL TO BE ENTITLED AN ACT To amend Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to provide a short title; to revise certain definitions; to provide for the calling of meetings and the quorum for meetings of the Georgia Firefighter Standards and Training Council; to authorize the Georgia Firefighter Standards and Training Council to adopt rules for the transaction of business and for the creation of committees; to authorize the Georgia Firefighter Standards and Training Council to probate, suspend, or otherwise sanction persons for violating its standards for employment and training related to fire safety and fire fighting; to delete an obsolete provision concerning qualifications of firefighters; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: THURSDAY, MARCH 6, 2008 1481 SECTION 1. This Act shall be known and may be cited as the "2008 Georgia Firefighter Standards and Training Council Act." SECTION 2. Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, is amended by revising Code Section 25-4-2, relating to definitions, by adding a new paragraph to read as follows: "(5.1) 'Fire department' shall have the same meaning as provided in Code Section 253-21." SECTION 3. Said chapter is further amended by revising Code Section 25-4-6, relating to meetings of the Georgia Firefighter Standards and Training Council, as follows: "25-4-6. The business of the council shall be conducted in the following manner: (1) The council shall hold at least two regular meetings each year at the call of the chairman chairperson or upon the written request of four six members of the council. Four Six members of the council shall constitute a quorum. 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. (2) The council shall make an annual report of its activities to the Governor and to the General Assembly and shall include in the report its recommendations for appropriate legislation. The council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient." SECTION 4. Said chapter is further amended by revising paragraph (4) of Code Section 25-4-7, relating to the functions and powers of the Georgia Firefighter Standards and Training Council, as follows: "(4) To establish uniform minimum standards for the employment and training of full-time, part-time, or volunteer firefighters, airport firefighters, fire and life safety educators, fire inspectors, and fire investigators, including qualifications, certifications, recertifications, decertifications, and probations for certified individuals and suspensions for noncertified individuals, and requirements, which are consistent with this chapter;" SECTION 5. Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section 25-4-8, relating to qualifications of firefighters generally, as follows: "(2) Not have been convicted of a felony in any jurisdiction or of a crime which if 1482 JOURNAL OF THE SENATE committed in this state would constitute a felony under the laws of this state within ten years prior to employment, provided that a person who has been convicted of a felony more than five but less than ten years prior to employment may be certified and employed as a firefighter when the person has: (A) Successfully completed a training program following the Georgia Fire Academy curriculum and sponsored by the Department of Corrections; (B) Earned and possesses a first class firefighter diploma; (C)(B) Been recommended to a fire department by the proper authorities at the institution at which the training program was undertaken; and (D)(C) Met all other requirements as set forth in this chapter. The council shall be the final authority with respect to authorizing employment and certification of a person who has been convicted of a felony more than five but less than ten years prior to seeking employment when the person is seeking employment as a firefighter for any municipal, county, or state fire department which employs three or more firefighters who work a minimum of 40 hours per week and has the responsibility of preventing and suppressing fires, protecting life and property, and enforcing municipal, county, and state codes, as well as enforcing any law pertaining to the prevention and control of fires;" SECTION 6. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport E Douglas Y Fort Y Goggans Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks E Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S THURSDAY, MARCH 6, 2008 1483 Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Rogers Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. SB 414, having received the requisite constitutional majority, was passed by substitute. SB 404. By Senators Williams of the 19th, Goggans of the 7th, Hudgens of the 47th, Rogers of the 21st, Seabaugh of the 28th and others: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Georgia Health Marketplace Act"; to establish the Georgia Health Marketplace to provide access to health care products for Georgia consumers; to provide for definitions; to establish the Georgia Health Marketplace Authority; to provide for its membership and powers; to provide for health care products and programs in the Georgia Health Marketplace; to create a marketing trust fund; to provide for limited liability; to provide for consumer complaints; to provide for catastrophic coverage products; to provide for rules and regulations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Health and Human Services Committee offered the following substitute to SB 404: A BILL TO BE ENTITLED AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Georgia Health Marketplace Act"; to establish the Georgia Health Marketplace to provide access to health care products for Georgia consumers; to provide for definitions; to establish the Georgia Health Marketplace Authority; to provide for its membership and powers; to provide for health care products and programs in the Georgia Health Marketplace; to create a marketing trust fund; to provide for limited liability; to provide for consumer complaints; to provide for catastrophic coverage products; to provide for rules and regulations; 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: 1484 JOURNAL OF THE SENATE SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new chapter to read as follows: "CHAPTER 62 33-62-1. This chapter shall be known and may be cited as the "Georgia Health Marketplace Act." 33-62-2. For purposes of this chapter, the term: (1) 'Authority' means the Georgia Health Marketplace Authority established pursuant to Code Section 33-62-3. (2) 'Board' means the board of directors of the Georgia Health Marketplace Authority. (3) 'Commissioner' means the Commissioner of Insurance. (4) 'Fund' means the GHM Marketing Trust Fund, as established in Code Section 3362-6. (5) 'GHM' means the Georgia Health Marketplace established pursuant to Code Section 33-62-5. (6) 'Insurer' means any insurer or nonprofit organization authorized to sell accident and sickness policies, subscriber contracts, certificates, or agreements of any form under Chapters 15, 18, 19, 20, 21, 29, and 30 of this title. 33-62-3. (a) There is established the Georgia Health Marketplace Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name the authority may contract and be contracted with and bring and defend actions. The authority shall have perpetual existence. (b) The authority shall be governed by a board of directors composed of ten members as follows: (1) The executive director of the Georgia Technology Authority; (2) The Commissioner of the Department of Community Health; (3) The Commissioner of Insurance; (4) A physician who is licensed under Chapter 34 of Title 43, appointed by the Governor; (5) A representative of a health insurance company licensed to offer health insurance policies in this state, appointed by the Lieutenant Governor; (6) A consumer representative, appointed by the Lieutenant Governor; (7) A health care marketing expert, appointed by the Lieutenant Governor; (8) An agent licensed to offer health insurance policies in this state, appointed by the Speaker of the House of Representatives; (9) A consumer representative, appointed by the Speaker of the House of THURSDAY, MARCH 6, 2008 1485 Representatives; and (10) A hospital administrator, appointed by the Speaker of the House of Representatives. The initial members of the board shall be appointed to terms of office beginning July 1, 2008. All members shall serve for terms of three years; provided, however, that for the purpose of providing for staggered terms, of the Lieutenant Governors and Speakers initial appointments, one each shall be appointed for a term of one year, two years, and three years, respectively. Any vacancy on the board shall be filled in the same manner as the original appointment, and any member appointed to fill a vacancy occurring because of death, resignation, or ineligibility for membership shall serve only for the unexpired term of the members predecessor. A member shall be eligible for reappointment. (c) The board shall at its initial meeting and the first meeting of each calendar year thereafter select from among its members a chairperson and a vice chairperson. Meetings shall be held at the call of the chairperson or whenever any two members so request. (d) The members of the board who are not public officers shall be entitled to an expense allowance and reimbursement from funds of the authority for their actual travel expenses necessarily incurred in the performance of their duties and for each day actually spent in performance of their duties in the same manner as provided in Code Section 45-7-21. (e) A majority of the members of the board shall constitute a quorum for the transaction of business of the authority. The vote of at least a majority of the members present at any meeting at which a quorum is present is necessary for any action to be taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all rights and perform all duties of the board. (f) No member or employer of a member shall be eligible to bid on, or enter into, any contract let by the authority or receive payment from the authority as an employee, contractor, consultant, or vendor; provided, however, that this subsection shall not be construed to prohibit a member of the authority or employee of such member from submitting health care products for inclusion on the GHM in accordance with established policies and procedures of the authority. (g) The authority is assigned to the Department of Community Health for administrative purposes only, as prescribed in Code Section 50-4-3. 33-62-4. The authority shall have the following powers: (1) To hire officers, agents, and employees, including an executive director, as necessary to perform the duties and carry out the powers conferred by this chapter; (2) To have a seal and alter the same at its pleasure; (3) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created; 1486 JOURNAL OF THE SENATE (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (5) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; (6) To solicit, receive, and review proposals from technology vendors for the development and implementation of technology to operate and maintain the GHM, including an Internet website accessible to all Georgians; (7) To identify health care products which fall under the categories set out in paragraphs (2) through (6) of subsection (b) of Code Section 33-62-5 for inclusion in the GHM, provided that the authority shall not have the power to directly issue insurance policies; (8) To suspend, at its sole discretion, products from inclusion in the GHM and companies and entities from submitting products for inclusion based on evidence of fraud, provided such suspension or any reinstatement shall occur only upon the written request of the Commissioner or federal law enforcement authorities; (9) To develop and approve specific measurement tools for consumers to use in comparing health care products, including brief summaries of deductibles, copayment requirements, covered providers, benefits, premiums, and coverage limits. To the maximum extent possible, the authority shall utilize cost and quality measurements established by the Georgia Health Information Technology and Transparency Advisory Board; (10) To develop a brief questionnaire of not more than ten questions to enable visitors to the GHM website to obtain instant approximate price quotes consisting of either specific prices or price ranges for products they may wish to purchase. Approximate rates provided by insurers pursuant to such questionnaire shall be used only for informational purposes and shall create no contractual obligation on the part of an insurer to offer an individual a policy at such rate prior to completion of medical underwriting by such insurer. If identical policies are sold by an insurer on the GHM and outside the GHM, monthly premiums shall be comparable to each other for each policy. Information provided by consumers through the GHM for purposes of obtaining price quotes on products shall not be transferred outside the GHM or recorded in written or electronic form by the GHM; (11) To develop a common battery of medical underwriting questions that can be uniformly utilized by health insurance companies on a voluntary basis to medically underwrite policies; (12) To fix and collect fees and charges associated with the operation of the GHM, including but not limited to listing charges for health insurance companies and licensed insurance agents to register on the GHM; provided, however, that any fees THURSDAY, MARCH 6, 2008 1487 and charges collected shall be used only for purposes of promoting the GHM to Georgia consumers and shall not be used for general administrative expenses associated with the GHM; (13) To administer the GHM Marketing Trust Fund, as established in Code Section 33-62-6; (14) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds and to use for its corporate purposes or redeposit or reinvest interest earned on such funds; (15) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; and (16) To do all things necessary or convenient to carry out the powers conferred by this chapter. 33-62-5. (a) The authority shall establish, operate, and maintain the Georgia Health Marketplace, which shall serve as an Internet portal for access to health care products which fall under the categories set out in paragraphs (2) through (6) of subsection (b) of this Code section and to the PeachCare for Kids Program. The GHM shall also include specific measurement tools for consumers to use in comparing health care products, including brief summaries of deductibles, copayment requirements, covered providers, benefits, premiums, financial soundness ratings, and coverage limits. (b) The health care products and programs included in the GHM shall be in one of the following categories: (1) PeachCare for Kids Program created by Code Section 49-5-273; (2) Initiatives or programs established by the Department of Community Health aimed at providing accessible health insurance coverage to employees of small businesses in this state, such as the Health Insurance Partnership; (3) Traditional small group or individual health insurance products sold by licensed Georgia insurers; (4) Health care savings accounts, including any health care plan offering medical savings accounts or health reimbursement arrangement accounts; (5) Health care services provided directly from a physician or hospital which do not require a health care provider to manage any risk, such as, but not limited to, a set number of office visits, annual checkups, a set range of imaging services, immunizations, and services provided on a regular schedule for chronic diseases. Prior to receiving health care services directly from a physician or hospital pursuant to this paragraph, a consumer shall be required to sign an acknowledgment and understanding of the following statement: 'I understand I am purchasing a prepaid package of medical services. This package of services is not health insurance and provides only prepaid services at a discounted rate. Purchasing this package without also purchasing catastrophic coverage insurance may leave me without coverage for many major medical 1488 JOURNAL OF THE SENATE problems.' These services shall not be treated as insurance products under Georgia law. The Composite State Board of Medical Examiners shall be responsible for disciplining any physician or physician acting on behalf of a hospital for unprofessional conduct in offering or providing such services; and (6) Catastrophic coverage products only as authorized pursuant to Code Section 3362-8. (c) The GHM shall provide consumers who identify health care products on the GHM the option of contacting a health insurance company or a licensed insurance agent by telephone or direct electronic referral to the agent or company website when he or she has additional questions about a product at any point in the selection process, or is ready to purchase a product. For consumers choosing the licensed insurance agent option, licensed agents selling the selected plan shall be listed in the order directed by the authority, with that order being determined by professional qualifications of the agent and the agents geographical proximity to the address given by the consumer; provided, however, that the authority may take into consideration a licensed insurance agents history of consumer complaints against such agent in the listed order. The authority shall include on the GHM a description of the important role of licensed agents in educating consumers on health insurance products. Each agent listing provided to the consumer shall include a list of the GHM vendor companies for which the agent is licensed. (d) The provisions of Chapter 21 of this title shall not be deemed to prohibit licensees thereunder from selling the policies provided for in this Code section. (e) The purchase of an accident and sickness policy or contract under this Code section shall not preclude the purchaser from purchasing additional limited benefit insurance policies or contracts. (f) All insurance policies offered for sale on the GHM shall include coverage for the following procedures which are critical to the early detection of life-threatening diseases: ovarian cancer screening, colorectal cancer screening, diabetes screening, pap smears, mammograms, and prostate specific antigen tests. 33-62-6. (a) There is created the GHM Marketing Trust Fund as a separate fund in the state treasury. The trust fund shall be administered by the authority. (b) The trust fund shall consist of such moneys as appropriated by the General Assembly, fees and charges determined and collected by the authority for the operation of the Georgia Health Marketplace, which shall be limited to initial listing charges for health insurance companies and licensed insurance agents to register on the GHM, and private contributions from any source. (c) State funds received by the authority through appropriations by the General Assembly shall not be expended by the authority unless the authority collects or receives matching private funds at a ratio of 1:1 to the state funds through fees, charges, or contributions from health insurance companies, licensed insurance agents, or other THURSDAY, MARCH 6, 2008 1489 private sources. State funds not matched within two years shall be returned from the trust fund to the general fund. (d) Funds from the trust fund shall be expended only for the purpose of entering into competitively bid contracts for private sector marketing, advertising, and public relations to promote the GHM to Georgia consumers. Funds shall not be expended for general administrative expenses associated with the GHM. 33-62-7. (a) The authority shall not be liable for any acts or omissions of an insurer related to its participation in the GHM. (b) Consumer complaints relating to health care products and programs purchased or enrolled in through the GHM shall be handled in the same manner as would be applicable if the consumer purchased or enrolled in the health care product or program through other means. 33-62-8. (a) Notwithstanding any other provision of law and on and after the effective date of this Code section, catastrophic coverage products may be offered by an insurer for purposes of this chapter only. Such products shall: (1) Have deductibles in at least a minimum amount as established by the authority; provided, however, that an insurer may set a higher deductible. Such minimum amount shall be equal to the amount established by the United States Department of Treasury as the minimum deductible for high deductible health plans, as it exists on the effective date of this Code section. The authority shall establish and maintain rules governing the adjustments of this figure for purposes of inflation which may be based on the method of adjustment for high deductible health plans established by the United States Department of Treasury or on the Consumer Price Index; (2) Provide coverage for services or treatment based solely upon a contractual agreement between the insurer and the consumer; (3) Be offered only through the GHM; and (4) Be available for purchase only by individuals: (A) Between the ages of 18 and 25; or (B) Who certify in writing that they will open, within 60 days of purchase of the catastrophic coverage product, and maintain an active health care savings account capitalized to an amount equal to or greater than the annual deductible of the catastrophic coverage product the individual intends to purchase through the GHM. Products offered pursuant to this Code section shall not be subject to other Title 33 provisions including but not limited to provisions which require specific state mandated health benefits, which regulate premiums, or which regulate the issuance or cancellation of policies. (b) Prior to purchasing a catastrophic coverage product pursuant to this chapter, a consumer shall be required to sign an acknowledgment and understanding of the following statement: 1490 JOURNAL OF THE SENATE 'I understand that the catastrophic coverage product I am purchasing or enrolling in is not subject to any of the coverage requirements that state law mandates of standard health insurance plans. I understand that in exchange for paying a lower premium, I may be responsible for higher out of pocket expenses if I get sick or am in an accident.' (c) An insurer that offers one or more catastrophic coverage products through the GHM shall also make available for purchase on the GHM at least one individual accident and sickness insurance policy that contains all state mandated health benefits. (d) The Commissioner may promulgate rules and regulations as necessary to implement the provisions of this Code section. 33-62-9. The authority and the Commissioner, as appropriate, shall be authorized to adopt rules and regulations to effect the implementation of this chapter." 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. Senators Tate of the 38th, Henson of the 41st, Seay of the 34th, Davenport of the 44th and Thomas of the 2nd offered the following amendment #1: Amend the Senate Health and Human Services Committee substitute to SB 404 (LC 33 2460S) by striking lines 26 through 29 of page 6 and inserting in lieu thereof the following: (f) All insurance policies offered for sale on the GHM shall include coverage for the following procedures which are critical to the early detection of life-threatening diseases: ovarian cancer screening, colorectal cancer screening, diabetes screening, pap smears, mammograms, prostate specific antigen tests, chlamydia screening, coverage for complications of pregnancy, coverage for hospital stays after delivery, direct access to obstetricians and gynecologists, and coverage for prescribed female contraceptive drugs or devices. By striking lines 6 through 9 of page 8 and inserting in lieu thereof the following: Products offered pursuant to this Code section shall not be subject to other Title 33 provisions including but not limited to provisions which require specific state mandated health benefits, which regulate premiums, or which regulate the issuance or cancellation of policies; provided, however, that such offered products shall include coverage of chlamydia screening, coverage for complications of pregnancy, coverage for hospital THURSDAY, MARCH 6, 2008 1491 stays after delivery, direct access to obstetricians and gynecologists, and coverage for prescribed female contraceptive drugs or devices. On the adoption of amendment #1, the President asked unanimous consent. Senator Seabaugh of the 28th objected. 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: Y Adelman N Balfour Y Brown E Bulloch Y Butler N Carter Chance N Chapman N Cowsert Y Davenport N Douglas Y Fort N Goggans Y Golden Y Grant N Hamrick E Harbison N Harp N Hawkins N Heath Y Henson N Hill,Jack N Hill,Judson Hooks N Hudgens Y Jackson N Johnson Y Jones Y Me V Bremen N Moody N Mullis N Murphy Y Orrock N Pearson Y Powell Y Ramsey Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D N Smith N Staton Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R Y Thompson,C N Thompson,S N Tolleson N Unterman N Weber Y Wiles N Williams On the adoption of the amendment, the yeas were 22, nays 30, and the Tate et al. amendment #1 to the committee substitute was lost. Senators Butler of the 55th and Brown of the 26th offered the following amendment #2: Amend the Senate Health and Human Services Committee substitute to SB 404 (LC 33 2460S) by striking lines 26 through 29 of page 6 and inserting in lieu thereof the following: (f) All insurance policies offered for sale on the GHM shall include coverage for the following procedures which are critical to the early detection of life-threatening diseases: ovarian cancer screening, colorectal cancer screening, diabetes screening, pap smears, mammograms, prostate specific antigen tests, coverage for prescription inhalers, chlamydia screening, coverage for complications of pregnancy, coverage for hospital stays after delivery, direct access to obstetricians and gynecologists, and 1492 JOURNAL OF THE SENATE coverage for prescribed female contraceptive drugs or devices. By striking lines 6 through 9 of page 8 and inserting in lieu thereof the following: Products offered pursuant to this Code section shall not be subject to other Title 33 provisions including but not limited to provisions which require specific state mandated health benefits, which regulate premiums, or which regulate the issuance or cancellation of policies; provided, however, that such offered products shall include coverage of chlamydia screening, coverage for complications of pregnancy, coverage for hospital stays after delivery, direct access to obstetricians and gynecologists, coverage for prescribed female contraceptive drugs or devices, and coverage for prescription inhalers. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman N Balfour Y Brown E Bulloch Y Butler N Carter Y Chance N Chapman N Cowsert Y Davenport N Douglas Fort N Goggans N Golden Y Grant N Hamrick E Harbison N Harp N Hawkins N Heath Y Henson N Hill,Jack N Hill,Judson Hooks N Hudgens N Jackson N Johnson Y Jones N Me V Bremen N Moody N Mullis N Murphy Y Orrock N Pearson Y Powell Y Ramsey Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D N Smith N Staton Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R Y Thompson,C N Thompson,S N Tolleson N Unterman N Weber N Wiles N Williams On the adoption of the amendment, the yeas were 18, nays 34, and the Butler, Brown amendment #2 to the committee substitute was lost. Senator Johnson of the 1st offered the following amendment #3: Amend the Senate Health and Human Services Committee substitute to SB 404 (LC 33 2460S) by inserting "individual" after "comparing" on line 15 of page 5. By striking from line 24 of page 5 the following language: THURSDAY, MARCH 6, 2008 1493 small group or By striking line 26 of page 5 and inserting in lieu thereof the following: (4) Individual health care savings accounts, including any health care plan offering medical savings By striking line 7 of page 6 and inserting in lieu thereof the following: (6) Individual catastrophic coverage products only as authorized pursuant to Code Section 33-62-8. By inserting at the end of line 29 of page 6 the following: Further, policies offered for sale on the GHM which include a primary care component shall offer beneficiaries the choice of designating an obstetrician or gynecologist as their primary care physician. By inserting on line 34 of page 7 after "GHM" the following language: by participating insurers and agents By inserting after line 21 of page 8 the following: (e) All products offered for sale on the GHM pursuant to this Code section shall include coverage for the following procedures which are critical to the early detection of lifethreatening diseases: ovarian cancer screening, colorectal cancer screening, diabetes screening, pap smears, mammograms, and prostate specific antigen tests. Further, products offered under this Code section which include a primary care component shall offer beneficiaries the choice of designating an obstetrician or gynecologist as their primary care physician. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman Y Balfour Y Brown E Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C N Thompson,S 1494 JOURNAL OF THE SENATE Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Tolleson Y Unterman Weber Y Wiles Y Williams On the adoption of the amendment, the yeas were 52, nays 1, and the Johnson amendment #3 to the committee substitute was adopted. Senator Hill of the 32nd offered the following amendment #4: Amend the committee substitute (LC 33 2460S) to SB 404 by striking from line 27 of page 5 "or" and inserting a comma, and striking ";" and inserting ", or health savings accounts." On the adoption of the amendment, there were no objections, and the Hill of the 32nd amendment #4 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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 E Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas,D Y Thomas,R Y Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber THURSDAY, MARCH 6, 2008 1495 E Harbison Y Harp Y Hawkins N Ramsey N Reed Y Rogers Y Wiles Y Williams On the passage of the bill, the yeas were 42, nays 12. SB 404, having received the requisite constitutional majority, was passed by substitute. Senator Hooks of the 14th recognized March 6, 2008, as Diabetes Awareness Day and commended the sixth, seventh and eighth grade gifted students at Fort Valley Middle School, commended by SR 1092, adopted previously. Senator Jones of the 10th recognized People First of Henry County, commended by SR 1085, adopted previously. Connie Dodgen, founder of the Mr. and Miss Special Henry County Pageant, addressed the Senate briefly. Senator Douglas of the 17th recognized March 6, 2008, as Atlanta Motor Speedway Day at the State Capitol, designated by SR 1068, adopted previously. Ed Clark, President and General Manager of the Atlanta Motor Speedway, addressed the Senate briefly. At 11:56 a.m. the President announced that the Senate would stand in recess until 1:30 p.m. At 1:30 p.m. the President called the Senate to order. Senator Schaefer of the 50th was excused for business outside the Senate Chamber. The Calendar was resumed. SB 424. By Senator Grant of the 25th: A BILL to be entitled an Act to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbering, so as to change certain requirements related to obtaining a license to practice barbering; to provide for exceptions; to change certain provisions relating to the requirements for a license to operate barbershop and a license to apprentice as a barber; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Regulated Industries and Utilities Committee offered the following substitute to SB 424: 1496 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbering, so as to change certain provisions relating to the requirements for a license to operate a barbershop and a license to apprentice as a barber; 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 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbering, is further amended in Code Section 43-7-12, relating to the requirements for a license to operate a barbershop, as follows: "43-7-12. A license to operate a barbershop shall be issued, renewed, or restored to any person who can show that such barbershop: (1) Provides and maintains such physical and sanitary facilities and equipment as may be required by law and the rules and regulations of the board; (2) Does not train more than one apprentice at any one time, which apprentice shall be under the supervision of a master barber Trains and utilizes apprentices in a manner and number as required by the board; and (3) Does business only at the location shown on the application for licensure." SECTION 2. Said chapter is further amended in Code Section 43-7-16, relating to the requirements for a license as an apprentice barber, as follows: "43-7-16. (a) A license to practice barbering as an apprentice shall be issued to any person applicant who shall furnish the board evidence that such applicant: (1) Evidence that he will Will practice under the supervision of a licensed barber with at least 18 months experience in the practice of barbering; and (2) Evidence that he has completed the fifth grade of school instruction or its equivalent Is 16 years of age or older. (b) A license to practice barbering as an apprentice shall not be renewed more than one time." SECTION 3. This Act shall become effective on July 1, 2008. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. THURSDAY, MARCH 6, 2008 1497 On the adoption of the substitute, there were no objections, 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 E Bulloch Y Butler Y Carter Chance Y Chapman Y Cowsert Davenport Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Ramsey Reed Y Rogers E Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the passage of the bill, the yeas were 41, nays 0. SB 424, having received the requisite constitutional majority, was passed by substitute. SB 425. By Senator Grant of the 25th: A BILL to be entitled an Act to amend Chapter 9 of Title 45 of the O.C.G.A., relating to insuring and indemnification, so as to amend certain provisions pertaining to providing insurance coverage by the commissioner of administrative services; to authorize the Department of Administrative Services to establish incentive programs including differential premium rates and deductibles based on loss histories of state agencies, institutions, and authorities, and such entities participation in loss control programs; to provide 1498 JOURNAL OF THE SENATE for definitions; to repeal provisions relating to employee operation of state motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown E Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Ramsey Reed Y Rogers E Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 1. SB 425, 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: THURSDAY, MARCH 6, 2008 1499 SB 276. By Senators Staton of the 18th, Harp of the 29th, Shafer of the 48th, Murphy of the 27th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, so as to provide that an uninsured motor vehicle includes a motor vehicle for which the available coverages are inadequate to cover a persons bodily injury and property damage losses and that such motor vehicle shall be considered uninsured to the full extent of the limits of the uninsured motorist coverage provided under the insureds motor vehicle insurance policy; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Eric Johnson, President Pro Tempore, assumed the Chair. SB 449. By Senators Heath of the 31st, Carter of the 13th, Tolleson of the 20th, Hooks of the 14th, Hill of the 4th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to limit liability of certain landowners who permit persons to hunt on their property or allow persons on such property for agritourism; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Thompson of the 33rd moved the previous question. On the motion, a roll call was taken, and the vote was as follows: N Adelman Y Balfour N Brown E Bulloch N Butler Y Carter Y Chance Chapman N Cowsert N Davenport Y Douglas N Fort N Goggans N Golden Y Grant Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Jackson Johnson (PRS) N Jones N Me V Bremen N Moody Y Mullis Y Murphy N Orrock Y Pearson E Schaefer N Seabaugh N Seay Y Shafer,D Smith Y Staton N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C Y Thompson,S Y Tolleson N Unterman 1500 JOURNAL OF THE SENATE Y Hamrick E Harbison N Harp Y Hawkins Powell N Ramsey N Reed Y Rogers N Weber N Wiles N Williams On the motion, the yeas were 20, nays 28 the motion lost and the previous question was not ordered. The President resumed the Chair. Senator Harp of the 29th asked unanimous consent that he be excused from voting on SB 449 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Harp was excused. Senators Williams of the 19th, Heath of the 31st and Hooks of the 14th offered the following amendment #1: Amend SB 449 by inserting on line 3 of page 1 following the word "hunt" the words "or fish". By inserting on line 13 of page 1 following the word "hunt" the words "or fish". On the adoption of the amendment, there were no objections, and the Williams et al. amendment #1 was adopted. Senators Adelman of the 42nd, Harp of the 29th, Meyer von Bremen of the 12th and Cowsert of the 46th offered the following amendment #2: Amend SB 449 by inserting after the word "person" on line 13 of page 1 the following: who is 16 years of age or older By inserting after the word "person" on line 17 of page 1 the following: who is 16 years of age or older Senator Heath of the 31st objected. On the adoption of the amendment, the yeas were 26, nays 19, and the Adelman et al. amendment #2 was adopted. Senator Weber of the 40th offered the following amendment #3: Amend SB 449 (LC 29 3129-EC) on line 13, page 1, add "or fish" after "hunt" and "free THURSDAY, MARCH 6, 2008 1501 of charge" after "property." Strike lines 17 - 20. Senator Weber of the 40th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Weber amendment #3 was withdrawn. Senator Weber offered the following amendment #4: Amend SB 449 (LC 29 3129-EC) on line 3, page 1, add "or fish" after "hunt" on line 13, page 1, add "or fish" after "hunt" and add "free of charge" after "property." on line 3, page 1, strike "or allow persons on such property for agritourism" Strike lines 17-20. On line 21, page 1, change "3" to "2" On the adoption of the amendment, the yeas were 20, nays 23, and the Weber amendment #4 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: Y Adelman Y Balfour N Brown E Bulloch N Butler Y Carter Y Chance Y Chapman N Cowsert N Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson N Jones Y Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton Y Stoner N Tarver N Tate Y Thomas,D Y Thomas,R N Thompson,C Y Thompson,S Y Tolleson Y Unterman N Weber 1502 JOURNAL OF THE SENATE E Harbison E Harp Y Hawkins N Ramsey Reed Y Rogers Y Wiles Y Williams On the passage of the bill, the yeas were 38, nays 14. SB 449, having received the requisite constitutional majority, was passed as amended. The following bill was taken up to consider House action thereto: SB 276. By Senators Staton of the 18th, Harp of the 29th, Shafer of the 48th, Murphy of the 27th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, so as to provide that an uninsured motor vehicle includes a motor vehicle for which the available coverages are inadequate to cover a persons bodily injury and property damage losses and that such motor vehicle shall be considered uninsured to the full extent of the limits of the uninsured motorist coverage provided under the insureds motor vehicle insurance policy; 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 33 of the Official Code of Georgia Annotated, relating to insurance, so as to limit coverages under uninsured motorist provisions to automobile and motor vehicle liability policies and exclude umbrella and excess liability policies; to change the definition of "uninsured motor vehicle" to allow uninsured motorist coverage to be stacked with other available liability coverages; to allow insureds to select more restrictive uninsured motorist coverages; changes standards applicable to making and use of rates; changes prior approval requirements above mandatory minimum limits; to provide for related matters; to provide for effective dates and applicability; 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 revising subsections (a) and (b) of Code Section 33-7-11, relating to uninsured motorist coverage under motor vehicle liability policies, as follows: THURSDAY, MARCH 6, 2008 1503 "(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 damages for bodily injury, loss of consortium 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 (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. 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 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 required under paragraph (1) of this subsection excludes umbrella or excess liability policies unless affirmatively provided for in such policies or in a 1504 JOURNAL OF THE SENATE policy endorsement. 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 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. (b)(1) As used in this Code section, the term: (A) 'Bodily injury' shall include death resulting from bodily injury. (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. (C) 'Property of the insured' as used in subsection (a) of this Code section means the insured motor vehicle and includes the personal property owned by the insured and contained in the insured motor vehicle. THURSDAY, MARCH 6, 2008 1505 (D) 'Uninsured motor vehicle' means a motor vehicle, other than a motor vehicle owned by or furnished for the regular use of the named insured, the spouse of the named insured, and, while residents of the same household, the relative of either, as to which there is: (i) No bodily injury liability insurance and property damage liability insurance; (ii) Bodily injury liability insurance and property damage liability insurance with available coverages which are less than the limits of the uninsured motorist coverage provided under the insureds insurance policy, but the motor vehicle shall only be considered to be uninsured for the amount of the difference between the available coverages under the bodily injury liability insurance and property damage liability insurance coverages on such motor vehicle and the limits of the uninsured motorist coverage provided under the insureds motor vehicle insurance policy; and for this purpose available coverages under the bodily injury liability insurance and property damage liability insurance coverages on such motor vehicle shall be the limits of coverage less any amounts by which the maximum amounts payable under such limits of coverage have, by reason of payment of other claims or otherwise, been reduced below the limits of coverage and the insured has uninsured motorist coverage provided under the insureds motor vehicle insurance policy; the motor vehicle shall be considered uninsured, and the amount of available coverages shall be as follows: (I) Such motor vehicle shall be considered uninsured to the full extent of the limits of the uninsured motorist coverage provided under the insureds motor vehicle insurance policies, and such coverages shall apply to the insureds losses in addition to the amounts payable under any available bodily injury liability and property damage liability insurance coverages. The insureds uninsured motorist coverage shall not be used to duplicate payments made under any available bodily injury liability insurance and property damage liability insurance coverages but instead shall be available as additional insurance coverage in excess of any available bodily injury liability insurance and property damage liability insurance coverages; provided, however, that the insureds combined recovery from the insureds uninsured motorist coverages and the available coverages under the bodily injury liability insurance and property damage liability insurance on such uninsured motor vehicle shall not exceed the sum of all economic and noneconomic losses sustained by the insured. For purposes of this subdivision, available coverages under the bodily injury liability insurance and property damage liability insurance coverages on such motor vehicle shall be the limits of coverage less any amounts by which the maximum amounts payable under such limits of coverage have, by reason of payment of other claims or otherwise, been reduced below the limits of coverage; (II) Provided, however, that an insured may reject the coverage referenced in subdivision (I) of this division and select in writing coverage for the occurrence of sustaining losses from the owner or operator of an uninsured motor vehicle that considers such motor vehicle to be uninsured only for the amount of the 1506 JOURNAL OF THE SENATE difference between the available coverages under the bodily injury liability insurance and property damage liability insurance coverages on such motor vehicle and the limits of the uninsured motorist coverages provided under the insureds motor vehicle insurance policies; and, for purposes of this subdivision, available coverages under the bodily injury liability insurance and property damage liability insurance coverages on such motor vehicle shall be the limits of coverage less any amounts by which the maximum amounts payable under such limits of coverage have, by reason of payment of other claims or otherwise, been reduced below the limits of coverage; and (III) Neither coverage under subdivision (I) nor (II) of this division shall be applicable if the insured rejects such coverages as provided in paragraph (3) of subsection (a) of this Code section. For private passenger motor vehicle insurance policies in effect on January 1, 2009, insurers shall send to their insureds who have not rejected coverage pursuant to paragraph (3) of subsection (a) of this Code section a notice at least 45 days before the first renewal of such policies advising of the coverage options set forth in this division. Such notice shall not be required for any subsequent renewals for policies in effect on January 1, 2009, or for any renewals for policies issued after January 1, 2009. The coverage set forth in subdivision (I) of this division need not be provided in or supplemental to a renewal policy where the named insured has rejected the coverage set forth in subdivision (I) of this division and selected the coverage set forth in subdivision (II) of this division in connection with a policy previously issued to said insured by the same insurer; (iii) Bodily injury liability insurance and property damage liability insurance in existence but the insurance company writing the insurance has legally denied coverage under its policy; (iv) Bodily injury liability and property damage liability insurance in existence but the insurance company writing the insurance is unable, because of being insolvent, to make either full or partial payment with respect to the legal liability of its insured, provided that in the event that a partial payment is made by or on behalf of the insolvent insurer with respect to the legal liability of its insured, then the motor vehicle shall only be considered to be uninsured for the amount of the difference between the partial payment and the limits of the uninsured motorist coverage provided under the insureds motor vehicle insurance policy; or (v) No bond or deposit of cash or securities in lieu of bodily injury and property damage liability insurance. (2) A motor vehicle shall be deemed to be uninsured if the owner or operator of the motor vehicle is unknown. In those cases, recovery under the endorsement or provisions shall be subject to the conditions set forth in subsections (c) through (j) of this Code section, and, in order for the insured to recover under the endorsement where the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is unknown, actual physical contact must shall have occurred between the motor vehicle owned or operated by the unknown person and THURSDAY, MARCH 6, 2008 1507 the person or property of the insured. Such physical contact shall not be required if the description by the claimant of how the occurrence occurred is corroborated by an eyewitness to the occurrence other than the claimant." SECTION 2. Said title is further amended by revising subsection (i) of Code Section 33-7-11, relating to uninsured motorist coverage under motor vehicle liability policies, as follows: "(i) In addition to any offsets or reductions contained in the provisions of division (b)(1)(D)(ii) of this Code section, an The endorsement or the provisions of the policy providing the coverage required by this Code section may contain provisions which exclude any liability of the insurer for injury to or destruction of property of the insured for which he such insured has been compensated by other property or physical damage insurance and may contain provisions which exclude any liability of the insurer for personal or bodily injury or death for which the insured has been compensated pursuant to 'medical payments coverage,' as such term is defined in paragraph (1) of Code Section 33-34-2, or compensated pursuant to workers compensation laws." SECTION 3. Said title is further amended by revising paragraph (2) of Code Section 33-9-4, relating to standards applicable to making and use of rates, as follows: "(2) No rate shall be held to be excessive unless such rate is unreasonably high for the insurance provided and a reasonable degree of competition does not exist in the area with respect to the classification to which such rate is applicable; provided, however, with respect to rate filings involving an increase in rates, no rate for personal private passenger motor vehicle insurance shall be held to be excessive unless such rate is unreasonably high for the insurance provided and a reasonable degree of competition does not exist;" SECTION 4. Said title is further amended by revising subsections (b) and (c) of Code Section 33-9-21, relating to maintenance and filing of rates, rating plans, rating systems, or underwriting rules and examination of claim reserve practices by the Commissioner, as follows: "(b) Any domestic, foreign, or alien insurer that is authorized to write insurance in this state must file with the Commissioner any rate, rating plan, rating system, or underwriting rule for all personal private passenger motor vehicle insurance. No: (1) For private passenger motor vehicle insurance providing only the mandatory minimum limits required by Code Section 33-34-4 and subsection (a) of Code Section 40-9-37, no such rate, rating plan, rating system, or underwriting rule will shall become effective, nor may any premium be collected by any insurer thereunder, unless the filing has been received by the Commissioner in his or her office and such filing has been approved by the Commissioner or a period of 45 days has elapsed from the date such filing was received by the Commissioner during which time such filing has not been disapproved by the Commissioner. The Commissioner shall be 1508 JOURNAL OF THE SENATE authorized to extend such 45 day period by no more than 55 days at his or her discretion. If a filing is disapproved, notice of such disapproval order shall be given within 100 days of receipt of filing by the Commissioner, specifying in what respects such filing fails to meet the requirements of this chapter. The filer shall be given a hearing upon written request made within 30 days after the issuance of the disapproval order, and such hearing shall commence within 30 days after such request unless postponed by mutual consent. Such hearing, once commenced, may be postponed or recessed by the Commissioner only for weekends, holidays, or after normal working hours or at any time by mutual consent of all parties to the hearing. The Commissioner may also, at his or her discretion, recess any hearing for not more than two recess periods of up to 15 consecutive days each. In connection with any hearing or judicial review with respect to the approval or disapproval of such rates, the burden of persuasion shall fall upon the affected insurer or insurers to establish that the challenged rates are adequate, not excessive, and not unfairly discriminatory. After such a hearing, the Commissioner must affirm, modify, or reverse his or her previous action within the time period provided in subsection (a) of Code Section 332-23 relative to orders of the Commissioner. The requirement of approval or disapproval of a rate filing by the Commissioner under this subsection shall not prohibit actions by the Commissioner regarding compliance of such rate filing with the requirements of Code Section 33-9-4 brought after such approval or disapproval. (2) For private passenger motor vehicle insurance other than that described in paragraph (1) of subsection (b) of Code Section 33-9-21, such rate, rating plan, rating system, or underwriting rule for all such private passenger motor vehicle insurance shall be effective upon filing and shall be implemented without approval of the Commissioner. This subsection shall apply to the entire private passenger motor vehicle insurance policy with limits above the mandatory minimum required by Code Section 33-34-4 and subsection (a) of Code Section 40-9-37 and shall apply to the entire private passenger motor vehicle policy with minimum limits if such policy has any additional nonmandatory coverage or coverages. (c) When a rate filing of an insurer required under paragraph (1) of subsection (b) of this Code section is not accompanied by the information upon which the insurer supports the filing and the Commissioner does not have sufficient information to determine whether the filing meets the requirements of this chapter, then the Commissioner must shall request in writing, within 20 days of the date he or she receives the filing, the specifics of such additional information as he or she requires, and the insurer shall be required to furnish such information, and in such event the 45 day period provided for in paragraph (1) of subsection (b) of this Code section shall commence as of the date such information is furnished." SECTION 5. (a) Except as otherwise provided by subsection (b) of this section, this Act shall become effective on January 1, 2009, and shall apply to all policies issued, delivered, issued for delivery, or renewed in this state on and after such date. THURSDAY, MARCH 6, 2008 (b) Sections 3 and 4 of this Act shall become effective on October 1, 2008. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. 1509 Senator Staton of the 18th moved that the Senate agree to the House substitute to SB 276. Senator Shafer of the 48th moved that the Senate agree to the House substitute to SB 276 as amended by the following amendment #1: Amend the House committee substitute (LC 37 0681S) to SB 276 by striking "2008" on page 8, line 16 and insert "2018" in its place On the motion to agree to the House substitute as amended by the Senate which takes precedence, the yeas were 9, nays 33; the motion lost, and the Senate did not agree to the House substitute to SB 276 as amended by the Senate. On the motion to agree to the House substitute to SB 276, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown E Bulloch Y Butler Y Carter Y Chance N Chapman Y Cowsert Y Davenport Y Douglas Y Fort N Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed Y Rogers N Schaefer Y Seabaugh Y Seay N Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate N Thomas,D N Thomas,R N Thompson,C N Thompson,S N Tolleson N Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 43, nays 10; the motion prevailed, and the Senate agreed to the House substitute to SB 276. 1510 JOURNAL OF THE SENATE Senator Reed of the 35th was excused for business outside the Senate Chamber. Senator Eric Johnson, President Pro Tempore, assumed the Chair. The Calendar was resumed. SB 438. By Senators Mullis of the 53rd, Powell of the 23rd, Thomas of the 2nd, Thomas of the 54th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Code Section 40-6-77 of the Official Code of Georgia Annotated, relating to penalties for causing serious injury due to right of way violation resulting in a collision with a motorcyclist, pedestrian, bicyclist, or farmer hauling agricultural products, so as to provide a penalty for a second offense; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 438: 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 revise penalties for causing serious injury due to right of way violation resulting in a collision with a motorcyclist, pedestrian, bicyclist, or farmer hauling agricultural products; to prohibit causing the death of another person due to a right of way violation; to provide a penalty for a second offense; to provide for license suspension; 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 3 of Chapter 5, relating to cancellation, suspension, and revocation of licenses, by adding a new Code section to read as follows: "40-5-57.3. (a) The drivers license of any person who is convicted for a second or subsequent offense of violating Code Section 40-6-77 shall be suspended for 30 days. The person shall submit his or her drivers license to the court upon conviction and the court shall forward the drivers license to the department. (b) After the suspension period and the person pays a restoration fee of $60.00 or, when processed by mail, $50.00 and submits proof of completing a department approved driver improvement program, the suspension shall terminate and the department shall return the persons drivers license to such person." THURSDAY, MARCH 6, 2008 1511 SECTION 2. Said title is further amended by revising Code Section 40-6-77, relating to penalties for causing serious injury due to right of way violation resulting in a collision with a motorcyclist, pedestrian, bicyclist, or farmer hauling agricultural products, as follows: "40-6-77. (a) 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 head or body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless. (b) Any person who causes a serious injury or death 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: (1) For a first offense, by a fine of not less than $250.00 in addition to any other penalties stipulated by law; and (2) For a second or subsequent offense 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, by a fine of not less than $500.00 nor more than $1,000.00 and imprisonment for not less than ten days nor more than 12 months. Any fine imposed under this paragraph shall be mandatory and shall not be suspended or waived or conditioned upon the completion of any course or sentence. The court imposing punishment under this paragraph shall forward a record of the disposition of the case to the Department of Driver Services. 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. Senators Meyer von Bremen of the 12th, Mullis of the 53rd, Thomas of the 2nd, Powell of the 23rd and Jackson of the 24th offered the following amendment #1: Amend the Senate Judiciary Committee substitute to SB 438 by inserting between "Code Section 40-6-77" and "shall" on line 14 of page 1 the following: 1512 JOURNAL OF THE SENATE 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, On the adoption of the amendment, there were no objections, and the Meyer von Bremen et al. amendment #1 was adopted. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort N Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 51, nays 1. SB 438, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Mullis of the 53rd Thomas of the 54th THURSDAY, MARCH 6, 2008 1513 SB 482. By Senators Hill of the 32nd and Meyer von Bremen of the 12th: 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 repeal Chapter 11, relating to the State Law Library; to amend Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the board of regents and the director of University of Georgia Libraries relative to state public libraries; Code Section 36-80-19 of the Official Code of Georgia Annotated, relating to the codification of ordinances and resolutions of local governments; and Code Section 45-13-22 of the Official Code of Georgia Annotated, relating to the distribution of the Georgia Laws and the journals of the House of Representatives and the Senate, so as to delete references to the State Law Library; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Special Judiciary Committee offered the following substitute to SB 482: 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 repeal Chapter 11, relating to the State Law Library; to delete references to the Sate Law Library; to amend the Official Code of Georgia Annotated so as to make conforming changes; 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. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by repealing Chapter 11, relating to the State Law Library, and designating said chapter as reserved. SECTION 2. Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the board of regents and the director of University of Georgia Libraries relative to state public libraries, is amended by revising subsection (k) as follows: "(k) The director of the University of Georgia Libraries may transfer books and other library holdings to the Division of Archives and History, the Board of Regents of the University System of Georgia, the State Law Library, or other public libraries. Books and other library holdings which are obsolete, defective, worn out, or surplus, or otherwise in the discretion of the director of the University of Georgia Libraries are not required, may be sold, destroyed, or otherwise disposed of by the director of the 1514 JOURNAL OF THE SENATE University of Georgia Libraries, without the need to comply with the provisions of Article 5 of Chapter 13 of Title 45 relating to the disposition of surplus state books." SECTION 3. Code Section 36-80-19 of the Official Code of Georgia Annotated, relating to the codification of ordinances and resolutions of local governments, is amended by revising subsections (a) and (d) as follows: "(a) As used in this Code section, the term: (1) 'Local 'local governing authority' means the governing authority of each municipality and county in this state. (2) 'State Law Library' means the State Law Library provided for under Chapter 11 of Title 50." "(d) Each such general codification shall be: (1) Made available by posting such codification on the Internet; or (2) Furnished promptly as a copy to the State Law Library which shall be the official state repository for such general codifications; and (3) In counties which have established a county law library, furnished as a copy to the county law library." SECTION 4. Code Section 45-13-22 of the Official Code of Georgia Annotated, relating to distribution of copies of the Georgia Laws and the journals of the House of Representatives and the Senate, is amended by revising paragraph (1) of subsection (c) as follows: "(1) Law Department (including the State Law Library) -- 33 sets, which number may be increased by written order of the Attorney General;" SECTION 5. Said Code section is further amended by revising paragraph (1) of subsection (d) as follows: "(1) Law Department (including the State Law Library) -- four sets, which number may be increased by written order of the Attorney General;" SECTION 6. Said Code section is further amended by revising subsection (h) as follows: "(h) The Secretary of State shall act as the exchange officer of this state for the purpose of a regular exchange between this state and other states and foreign governments of the session laws and the journals of the House and Senate. To the extent that the Secretary of State deems such exchanges appropriate, if requested by the Attorney General to make such exchanges, the Secretary of State shall distribute one set of the session laws and the journals of the House and Senate to each participating state and foreign government. The session laws and journals of the House and Senate received in exchange from other states and foreign governments shall become a part of the collection of the State Law Library." THURSDAY, MARCH 6, 2008 1515 SECTION 7. Article 3 of Chapter 5 of Title 50, relating to state purchasing, is revised in paragraph (1) of subsection (a) of Code Section 50-5-58, relating to cases where purchases through the Department of Administrative Services are not mandatory, as follows: "(1) Technical instruments and supplies and technical books and other printed matter on technical subjects; also manuscripts, maps, books, pamphlets, and periodicals for the use of the State Library or any other library in the state supported by state funds; also services;" SECTION 8. Article 2 of Chapter 18 of Title 50, relating to court reports, is amended by revising Code Section 50-18-31, relating to the procedure for distribution of reports and the discontinuance or resumption of distribution, as follows: "50-18-31. The reporter shall make distribution of the reports which shall be handled in accordance with this Code section: (1) The state librarian shall furnish the reporter a written memorandum indicating the number of volumes of each new report which will be required for purposes of the exchange set forth in Code Sections 50-11-5 and 50-11-6. The reporter shall arrange for delivery to exchangees, on behalf and in the name of the state library, of volumes of reports distributed to the state librarian for exchange purposes. The state librarian shall supply the reporter with shipping labels containing the names and addresses of the exchangees; (2) The reporter shall place all orders for the reports with the publisher. At any time the state librarian adds or eliminates a particular exchange point or determines that the number of copies of either of the reports needs to be changed, he or she shall notify the reporter of this fact in writing, and the reporter shall adjust his or her orders for new reports accordingly; (3)(2) All volumes distributed within this state to the state or to any of its subordinate departments, agencies, or political subdivisions, or to public officers or public employees within the state, other than to the state librarian for exchange purposes, shall be the property of the appropriate public officer or employee during his or her term of office or employment and shall be turned over to his or her successor; and the reporter shall take and retain a receipt from each such public officer or employee acknowledging this fact. Volumes distributed to the state librarian for exchange purposes, but handled for delivery to exchangees by the reporter on behalf and in the name of the state library, shall become the property of the recipient. The reporter shall at all times use the most economical method of shipment consistent with the safety and security of the volumes; (4)(3) The reporter shall make distributions of the reports in accordance with the following: Archives, State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy 1516 JOURNAL OF THE SENATE Commissioner of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Court of Appeals of Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 copies (which number may be increased upon written order from the Chief Judge to the reporter) Executive Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Georgia Institute of Technology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Georgia State University . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Historical Society, Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Human Resources, Department of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy House Judiciary Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Labor, Department of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Law, Department of (other than State Library) . . . . . . . . . . . . . . . . . . . . six copies (which number may be increased upon written order from the Attorney General) Legislative Counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy (which number may be increased upon written order of the Legislative Counsel) Library, State Exchange Program: Each foreign government authority participating. . . . . . . . . . . . . . . . one copy Each state participating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Shelving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . two copies Newly created superior court circuits or judgeships . . . . . . . . . . . . . . . . as appropriate Whenever a new superior court circuit or a new judgeship within a circuit shall be created, if the officer entitled to reports shall notify the reporter in writing of his or her assumption of office, the reporter shall add his or her position to those to receive reports and shall supply him or her with all earlier volumes. Judge of the Probate Court (each county) . . . . . . . . . . . . . . . . . . . . . . . . one copy THURSDAY, MARCH 6, 2008 1517 Public Service Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Recipients not named herein but named on the librarians distribution list as of the date of his or her last distribution of the reports next preceding April 18, 1975 (each) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy The reporter is authorized to add such names, in whole or in part, to his or her listing of distributees to receive future reports. Reporter Assistant reporters desk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Copyright . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . three copies Reporters clerical staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Reporters desk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Secretary of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Senate Judiciary Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Special or emergency circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . as appropriate When it shall appear to the reporter that a worthy state purpose will be served thereby, he or she may add agencies or officers to the list of recipients of reports, provided that no courts or agencies of a local nature shall be added to the list. Superior Courts Clerks (each) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy District Attorneys (each) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Judges (each) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy Supreme Court of Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 copies (which number may be increased upon written order from the Chief Justice to the reporter) United States Courts Court of Appeals, Fifth Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . one copy District Courts, Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . four copies University of Georgia Law School Library . . . . . . . . . . . . . . . . . . . . . . . 25 copies 1518 JOURNAL OF THE SENATE Workers Compensation, State Board of . . . . . . . . . . . . . . . . . . . . . . . . . six copies The reporter may add additional recipients or additional copies to named recipients upon written order from the Chief Justice of the Supreme Court; and (5)(4) Notwithstanding the provisions of paragraph (4) (3) of this Code section regarding distribution of reports to superior courts and to judges of the probate courts, the chief judge of the superior courts of any judicial circuit may, for any county within that circuit, have discontinued or restored the distribution of any of that countys authorized number of copies of reports, as such judge determines the needs therefor, upon written request to the librarian. In any event, at least one copy of each report shall be distributed to each county to be placed in the county law library or, if no such library is maintained, in the office of the judge of the probate court for the use of the general public." SECTION 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour Y Brown E Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody E Mullis Y Murphy Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Stoner Y Tarver Y Tate E Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S THURSDAY, MARCH 6, 2008 1519 Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. SB 482, having received the requisite constitutional majority, was passed by substitute. SB 504. By Senators Hill of the 32nd, Hudgens of the 47th, Goggans of the 7th, Seabaugh of the 28th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that a religious nonprofit organization which enters into a health care cost sharing arrangement with its members shall not be considered an insurance company, health maintenance organization, or health benefit plan of any class, kind, or character and shall not be subject to any laws related to such; to provide for definitions; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. The Senate Insurance and Labor Committee offered the following substitute to SB 504: A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that a religious nonprofit organization which enters into a health care cost sharing arrangement with its members shall not be considered an insurance company, health maintenance organization, or health benefit plan of any class, kind, or character and shall not be subject to any laws related to such; to provide for definitions; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. SECTION 1. Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding a new Code section to read as follows: "33-1-19. (a) As used in this Code section, the term: (1) 'Health care cost sharing arrangement' means an arrangement between a religious 1520 JOURNAL OF THE SENATE nonprofit organization and members of such organization in which the nonprofit organization: (A) Acts as an organizational clearinghouse for information between members or subscribers who have financial, physical, or medical needs and members or subscribers with the present ability to assist those with present financial or medical needs; (B) Provides for the financial or medical needs of a member or subscriber through gifts directly from one member or subscriber to another, which may be accomplished by a trust established solely for the benefit of members or subscribers, which trust is audited annually by an independent auditing firm; (C) Provides amounts that members or subscribers may give with no assumption of risk or promise to pay either among the members or subscribers or between the members or subscribers and such nonprofit organization; (D) Provides a written monthly statement to all members or subscribers listing the total dollar amount of qualified needs submitted to such nonprofit organization, as well as the amount actually published or assigned to members or subscribers for voluntary payment; and (E) Provides the following written disclaimer in substantially the same form on or accompanying all promotional documents distributed by or on behalf of the nonprofit organization, including applications and guideline materials: 'NOTICE: This publication is not an insurance policy nor is it offered through an insurance company. Whether anyone chooses to assist you with your medical bills will be totally voluntary, as no other subscriber or member will be compelled to contribute toward your medical bills. As such, this publication should never be considered to be insurance. Whether you receive any payments for medical expenses and whether or not this publication continues to operate, you are always personally responsible for the payment of your own medical bills.' (2) 'Nonprofit organization' means a nonprofit corporation qualified as exempt from federal income taxation under Section 501(c) of the Internal Revenue Code. (b) A religious nonprofit organization which has entered into a health care cost sharing arrangement with its members shall not be considered an insurance company, health maintenance organization, or health benefit plan of any class, kind, or character and shall not be subject to any laws respecting insurance companies, health maintenance organizations, or health benefit plans of any class, kind, or character in this state or regulation under such laws, including, but not limited to, the provisions of this title, and shall not be subject to the jurisdiction of the Commissioner of Insurance." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. THURSDAY, MARCH 6, 2008 1521 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody E Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate E Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 1. SB 504, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Smith of the 52nd Staton of the 18th SB 483. By Senators Harp of the 29th and Carter of the 13th: A BILL to be entitled an Act to amend Code Section 19-6-15 of the Official Code of Georgia Annotated, relating to child support in final verdict or decree, guidelines for determining amount of child support award, and the duration of support, so as to revise certain definitions; to change certain provisions relating to the process of calculating child support; to provide for orders in cases involving family violence; to change certain provisions relating to gross income and clarify military compensation and allowances as gross income; to 1522 JOURNAL OF THE SENATE correct cross-references and clarify certain provisions of the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes. Senators Wiles of the 37th and Harp of the 29th offered the following amendment #1: Amend SB 483 by striking line 25 of page 10 and inserting in lieu thereof the following: that provides for the health care needs of the By inserting after the word "insurance" on line 33 of page 4 the word "costs". On the adoption of the amendment, there were no objections, and the Wiles, Harp amendment #1 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour Y Brown E Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody E Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D E Smith E Staton Y Stoner Y Tarver Y Tate E Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 1. SB 483, having received the requisite constitutional majority, was passed as amended. THURSDAY, MARCH 6, 2008 1523 SB 518. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, so as to include contracts, agreements, and instruments for the removal of dents, dings, or creases in a motor vehicle without affecting the existing paint finish using paintless dent repair techniques within the definition of property insurance in a manner similar to vehicle service agreements or extended warranty agreements; 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 518: A BILL TO BE ENTITLED AN ACT To amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, so as to include contracts, agreements, and instruments for the removal of dents, dings, or creases in a motor vehicle without affecting the existing paint finish using paintless dent repair techniques and the removal of small windshield chips and cracks without replacement of the entire windshield within the definition of property insurance in a manner similar to vehicle service agreements or extended warranty agreements; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, is amended by revising paragraph (1) of subsection (b) of Code Section 33-76, relating to property insurance, as follows: "(1) Any contract, agreement, or instrument whereby a person assumes the risk of and the expense or portion thereof for the mechanical breakdown or mechanical failure of a motor vehicle, or for the removal of dents, dings, or creases in a motor vehicle without affecting the existing paint finish using paintless dent repair techniques or the removal of small windshield chips and cracks without replacement of the entire windshield, and shall include those agreements commonly known as vehicle service agreements or extended warranty agreements, if made by a person other than the motor vehicle manufacturer in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the cost of a motor vehicle sold in conjunction therewith, except that this provision shall not apply to an agreement underwritten by an insurer licensed to transact insurance in this state, either directly or through a reinsurance contract or, without regard to the 1524 JOURNAL OF THE SENATE requirement that the insurance cannot be obtained from an insurer authorized to do business in this state as required by Code Section 33-5-21, to an agreement underwritten by a surplus lines insurer which has not been rejected by the Commissioner for such purpose;". SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 E Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody E Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith E Staton Y Stoner Y Tarver Y Tate E Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 46, nays 1. SB 518, having received the requisite constitutional majority, was passed by substitute. SR 820. By Senators Mullis of the 53rd and Tolleson of the 20th: A RESOLUTION creating the Joint Department of Natural Resources Law THURSDAY, MARCH 6, 2008 1525 Enforcement 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 Y Brown E Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody E Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith E Staton Y Stoner Y Tarver Y Tate E Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams On the adoption of the resolution, the yeas were 47, nays 0. SR 820, having received the requisite constitutional majority, was adopted. Senator Wiles of the 37th moved that the Senate stand adjourned pursuant to HR 1556 until 10:00 a.m. Tuesday, March 11, 2008; the motion prevailed, and at 4:15 p.m. the President Pro Tempore announced the Senate adjourned. 1526 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, March 11, 2008 Thirtieth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 189. By Representatives Smith of the 131st, Smith of the 129th, Scott of the 2nd, Hanner of the 148th, Buckner of the 130th 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 change certain provisions regarding the exemption with respect to sales of certain tangible personal property for construction of a national infantry museum and heritage park facility; to extend the limited duration thereof; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 302. By Representatives Mumford of the 95th, Mangham of the 94th and Stephenson of the 92nd: A BILL to be entitled an Act to amend Code Section 48-13-51 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 an effective date; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 11, 2008 1527 HB 367. HB 447. By Representatives Carter of the 159th, Stephens of the 164th, Parrish of the 156th, Parham of the 141st and Jerguson of the 22nd: A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 26 of the O.C.G.A., relating to prescription drugs, so as to eliminate redundant language relating to what constitutes the practice of medicine; to provide for the substitution of therapeutically equivalent drugs; to provide for requirements for therapeutically equivalent substitutions; to provide that a substitution shall not constitute the practice of medicine; to amend Article 1 of Chapter 24 of Title 33 of the O.C.G.A., relating to insurance generally, so as to define certain terms; to provide for health insurance coverage for therapeutically equivalent substitutions under certain circumstances; to provide for statutory construction; to provide for enforcement by the Commissioner of Insurance; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to clarify state conformity with the federal treatment of dividends received from real estate investment trusts and regulated investment companies; to provide for an addition to federal taxable income for any amount deducted to the extent it is attributable to a dividend received directly or indirectly from a real estate investment trust or a regulated investment company; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 637. By Representatives Coleman of the 97th and Benton of the 31st: A BILL to be entitled an Act to amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to the assessment of effectiveness of educational programs under the "Quality Basic Education Act," so as to revise provisions relating to nationally norm-referenced instruments in reading, mathematics, science, and social studies; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 641. By Representatives Coleman of the 97th and Benton of the 31st: 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 1528 JOURNAL OF THE SENATE education, so as to revise a provision relating to the delegation of authority to employ staff at the Department of Education; to provide that the State Board of Education can solicit donations, grants, gifts, devises, and bequests; to establish the Georgia Educational Excellence Foundation and provide for its membership, duties, powers, and purposes; to provide that the State School Superintendent is authorized to enter into contracts for $100,000.00 or less; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 673. By Representative Hembree of the 67th: A BILL to be entitled an Act to amend Code Section 33-7-11.1 of the Official Code of Georgia Annotated, relating to the commencement of liability of insurer to pay benefits to a third party on behalf of the insured, so as to provide for a third partys lienholder to be included on any settlement draft or payment; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 831. By Representative Setzler of the 35th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of state income taxes, so as to provide for an income tax credit with respect to qualified donations for construction of or capital improvements for charter schools; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the State Board of Education with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 993. By Representatives Hembree of the 67th, Geisinger of the 48th, Hamilton of the 23rd, Chambers of the 81st and Brooks of the 63rd: A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in elections and primaries, so as to provide that electors who are 75 years of age or older or disabled shall be given preferential treatment when casting an absentee ballot in person at a registrars office or other location; to provide for related matters; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 11, 2008 1529 HB 1000. By Representatives Heard of the 104th, Parsons of the 42nd, Harbin of the 118th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to provide for the titling of certain watercraft; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1024. By Representative Williams of the 4th: A BILL to be entitled an Act to amend Chapter 64 of Title 36 of the Official Code of Georgia Annotated, relating to municipal and county recreation systems, so as to provide that where a minimum recreation tax, maximum recreation tax, or minimum and maximum recreation tax has been established by petition and referendum, such minimum or maximum or both may thereafter be removed by action of the municipal or county governing body, subject to approval by the voters of the municipality or county; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1098. By Representative Reese of the 98th: 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 require election superintendents to provide notice to the Secretary of State of certain primaries and elections; to revise certain duties of election superintendents; to provide that certain returns from primaries and elections shall be provided to the Secretary of State; to provide that county and municipal election superintendents complete, file, and transmit certain returns; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1100. By Representatives Stephens of the 164th, Parrish of the 156th, Shaw of the 176th, Channell of the 116th and Lewis of the 15th: 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 revise and change the income tax credit with respect to qualified film, video, or digital productions; 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. 1530 JOURNAL OF THE SENATE HB 1104. By Representatives Dempsey of the 13th, Burns of the 157th, Chambers of the 81st, Freeman of the 140th, Jacobs of the 80th and others: A BILL to be entitled an Act to amend Chapter 17 of Title 43 of the O.C.G.A., relating to charitable solicitations, so as to revise certain provisions related to charitable solicitations; to add and revise definitions of certain terms; to specify certain requirements for solicitation of contributions in person; to revise certain provisions relating to registration and other actions of paid solicitors, solicitor agents, and charitable organizations; to provide an exemption for certain volunteer fire departments and rescue services; to make it unlawful to violate a subpoena issued by the Secretary of State; to prohibit the making of any untrue or misleading written or oral statements to the Secretary of State by anyone registered as, or making application for registration as, a solicitor agent, paid solicitor, or charitable organization; to change certain provisions concerning the entry of certain orders; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1163. By Representatives Lane of the 167th, Keen of the 179th, Williams of the 178th, Hill of the 180th, Roberts of the 154th and others: 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 courts, so as to provide for a fifth judge of the superior courts of the Brunswick Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to provide for an additional court reporter for said circuit; to authorize the governing authority of the counties which comprise the Brunswick Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1168. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-13-51 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, TUESDAY, MARCH 11, 2008 1531 collection, and expenditure of proceeds of such tax; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1178. By Representatives Black of the 174th, McCall of the 30th, Roberts of the 154th, England of the 108th, Maddox of the 172nd 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 for a limited period of time from state sales and use tax only regarding the sale or use of liquefied petroleum gas or other fuel used for certain swine raising purposes; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1184. By Representatives Freeman of the 140th, Harbin of the 118th, Smith of the 113th, Maddox of the 127th, Peake of the 137th 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 authorize the Georgia Student Finance Authority to establish two pilot educational assistance programs for collegiate sports for students with physical disabilities; to provide for legislative intent; to provide for duration; to provide for scholarships; to provide for eligibility; to provide for scholarships for eligible disabled veterans; to provide for pilot criteria; to provide for selection of pilot institution; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1193. By Representatives Burkhalter of the 50th and Smith of the 113th: 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 change provisions relating to the exemption for sales of property to, or used in the construction of, certain aquariums; to provide for a limited time for an exemption of sales of property used in construction of certain aquarium expansions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1211. By Representatives Royal of the 171st, Roberts of the 154th, Keen of the 179th, Porter of the 143rd, Cole of the 125th and others: A BILL to be entitled an Act to amend Titles 48 and 36 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and local government, so as to provide for the special assessment of bona 1532 JOURNAL OF THE SENATE fide large forest land conservation use property; to provide for a short title; to change certain definitions regarding ad valorem taxation; to provide for valuation tables; to provide for procedures, conditions, and limitations; to repeal conflicting laws; and for other purposes. HB 1217. By Representatives Jerguson of the 22nd, Williams of the 4th, Glanton of the 76th and Tumlin of the 38th: 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 legislative intent; to provide definitions; to create the State Licensing Board of Home Inspectors; to provide for its membership, appointment, filling of vacancies, terms of office, qualifications, powers and duties, staffing, and meetings; to provide for licensing of home inspectors; to provide for home inspection reports and their contents; to provide for insurance requirements; to provide for related matters; to repeal Article 6 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to documentation by home inspectors; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1221. By Representatives Maxwell of the 17th, Keen of the 179th, Rogers of the 26th and Meadows of the 5th: A BILL to be entitled an Act to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to consent of an insured to an insurance contract and exceptions, so as to change the minimum number of employees required to be covered under an insurance contract or contracts held by a corporation or trustee; to provided for related matters; to repeal conflicting laws; and for other purposes. HB 1243. By Representatives Lindsey of the 54th, Willard of the 49th and Wilkinson of the 52nd: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to sale of alcoholic beverages by public carriers and nonprofit organizations, so as to change certain provisions relating to the issuance of temporary permits for sale of alcoholic beverages by nonprofit organizations; to increase the number of days and number of permits that the commissioner may issue; to increase fees for temporary permits; to provide for nonprofit organizations to conduct auctions of wine donated by certain persons under certain circumstances; to provide for procedure; to define a term; to provide for an TUESDAY, MARCH 11, 2008 1533 effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1280. By Representatives Stephens of the 164th, Bearden of the 68th, Shaw of the 176th, Roberts of the 154th and May of the 111th: 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 state licensing of regional economic assistance projects to sell certain alcoholic beverages; to provide requirements and conditions of such license; to provide for powers, duties, and authority of the state revenue commissioner; to amend Article 8 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to encouragement of state agencies to give certified projects priority in licensing and processing grants and authorization for sale of alcoholic beverages, so as to move the provisions relating to the sales of certain alcoholic beverages by regional economic assistance projects to Title 3 of the Official Code of Georgia Annotated; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1286. By Representatives Keen of the 179th, Roberts of the 154th, Jones of the 46th, Davis of the 122nd, Fleming of the 117th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to revise provisions relating to instructional activity concerning Veterans Day; to provide that public elementary and secondary schools shall be closed on November 11 of each year in honor of Veterans Day; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1368. By Representatives Rogers of the 26th, Harbin of the 118th, Rice of the 51st, Fleming of the 117th and Smith of the 113th: A BILL to be entitled an Act to amend Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from motor vehicle licensing requirements, so as to revise certain provisions relating to an exemption for out-of-state students who attend schools in this state; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1374. By Representative Shaw of the 176th: A BILL to be entitled an Act to abolish the State Court of Clinch County; 1534 JOURNAL OF THE SENATE to repeal an Act to create and establish the State Court of Clinch County (formerly the County Court of Clinch County), approved January 29, 1943 (Ga. L. 1943, p. 731), as amended, particularly by an Act approved February 22, 1943 (Ga. L. 1943, p. 746), by an Act approved March 2, 1945 (Ga. L. 1945, p. 829), by an Act approved January 30, 1946 (Ga. L. 1946, p. 304), by an Act approved February 14, 1958 (Ga. L. 1958, p. 2080), by an Act approved March 30, 1971 (Ga. L. 1971, p. 2644), and by an Act approved March 27, 1985 (Ga. L. 1985, p. 4183); to provide that no further elections shall be held for judge or solicitor; to provide for the transfer of pending cases and matters; to provide for related matters; to provide for preclearance of this Act; to provide effective dates; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1276. By Representatives Royal of the 171st, Roberts of the 154th, Keen of the 179th, Porter of the 143rd, Cole of the 125th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for the special assessment and taxation of bona fide large forest land conservation use property; to provide for bona fide large forest land conservation use tax relief adjustments; to provide for procedures, conditions, and limitations; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 553. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend an Act incorporating the City of Ringgold, approved March 15, 1943 (Ga. L. 1943, p. 1508), as amended, particularly by an Act approved March 14, 1984 (Ga. L. 1984, p. 4171), so as to change the corporate limits of the city; to annex additional territory; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 554. By Senator Smith of the 52nd: A BILL to be entitled an Act to amend an Act creating a board of elections and registration for Floyd County, approved March 28, 1986 (Ga. L. 1986, p. TUESDAY, MARCH 11, 2008 1535 5289), so as to implement a system of staggered terms of office for the members of the board; to provide for the expiration of terms of certain members; to increase the time for appointing members to the board; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SR 1113. By Senator Harp of the 29th: A RESOLUTION creating the Senate Study Committee on Daylight Saving Time; and for other purposes. Referred to the Rules Committee. The following House legislation was read the first time and referred to committee: HB 189. By Representatives Smith of the 131st, Smith of the 129th, Scott of the 2nd, Hanner of the 148th, Buckner of the 130th 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 change certain provisions regarding the exemption with respect to sales of certain tangible personal property for construction of a national infantry museum and heritage park facility; to extend the limited duration thereof; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 302. By Representatives Mumford of the 95th, Mangham of the 94th and Stephenson of the 92nd: A BILL to be entitled an Act to amend Code Section 48-13-51 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 an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 367. By Representatives Carter of the 159th, Stephens of the 164th, Parrish of the 156th, Parham of the 141st and Jerguson of the 22nd: A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 26 of the 1536 JOURNAL OF THE SENATE O.C.G.A., relating to prescription drugs, so as to eliminate redundant language relating to what constitutes the practice of medicine; to provide for the substitution of therapeutically equivalent drugs; to provide for requirements for therapeutically equivalent substitutions; to provide that a substitution shall not constitute the practice of medicine; to amend Article 1 of Chapter 24 of Title 33 of the O.C.G.A., relating to insurance generally, so as to define certain terms; to provide for health insurance coverage for therapeutically equivalent substitutions under certain circumstances; to provide for statutory construction; to provide for enforcement by the Commissioner of Insurance; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 447. By Representative O`Neal of the 146th: 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 clarify state conformity with the federal treatment of dividends received from real estate investment trusts and regulated investment companies; to provide for an addition to federal taxable income for any amount deducted to the extent it is attributable to a dividend received directly or indirectly from a real estate investment trust or a regulated investment company; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 637. By Representatives Coleman of the 97th and Benton of the 31st: A BILL to be entitled an Act to amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to the assessment of effectiveness of educational programs under the "Quality Basic Education Act," so as to revise provisions relating to nationally norm-referenced instruments in reading, mathematics, science, and social studies; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 641. By Representatives Coleman of the 97th and Benton of the 31st: 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 revise a provision relating to the delegation of authority to employ staff at the Department of Education; to provide that the State Board of Education can TUESDAY, MARCH 11, 2008 1537 solicit donations, grants, gifts, devises, and bequests; to establish the Georgia Educational Excellence Foundation and provide for its membership, duties, powers, and purposes; to provide that the State School Superintendent is authorized to enter into contracts for $100,000.00 or less; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 673. By Representative Hembree of the 67th: A BILL to be entitled an Act to amend Code Section 33-7-11.1 of the Official Code of Georgia Annotated, relating to the commencement of liability of insurer to pay benefits to a third party on behalf of the insured, so as to provide for a third partys lienholder to be included on any settlement draft or payment; 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 831. By Representative Setzler of the 35th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of state income taxes, so as to provide for an income tax credit with respect to qualified donations for construction of or capital improvements for charter schools; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the State Board of Education 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 993. By Representatives Hembree of the 67th, Geisinger of the 48th, Hamilton of the 23rd, Chambers of the 81st and Brooks of the 63rd: A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in elections and primaries, so as to provide that electors who are 75 years of age or older or disabled shall be given preferential treatment when casting an absentee ballot 1538 JOURNAL OF THE SENATE in person at a registrars office or other location; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 1000. By Representatives Heard of the 104th, Parsons of the 42nd, Harbin of the 118th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to provide for the titling of certain watercraft; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. HB 1024. By Representative Williams of the 4th: A BILL to be entitled an Act to amend Chapter 64 of Title 36 of the Official Code of Georgia Annotated, relating to municipal and county recreation systems, so as to provide that where a minimum recreation tax, maximum recreation tax, or minimum and maximum recreation tax has been established by petition and referendum, such minimum or maximum or both may thereafter be removed by action of the municipal or county governing body, subject to approval by the voters of the municipality or county; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1098. By Representative Reese of the 98th: 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 require election superintendents to provide notice to the Secretary of State of certain primaries and elections; to revise certain duties of election superintendents; to provide that certain returns from primaries and elections shall be provided to the Secretary of State; to provide that county and municipal election superintendents complete, file, and transmit certain returns; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. TUESDAY, MARCH 11, 2008 1539 HB 1100. By Representatives Stephens of the 164th, Parrish of the 156th, Shaw of the 176th, Channell of the 116th and Lewis of the 15th: 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 revise and change the income tax credit with respect to qualified film, video, or digital productions; 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 1104. By Representatives Dempsey of the 13th, Burns of the 157th, Chambers of the 81st, Freeman of the 140th, Jacobs of the 80th and others: A BILL to be entitled an Act to amend Chapter 17 of Title 43 of the O.C.G.A., relating to charitable solicitations, so as to revise certain provisions related to charitable solicitations; to add and revise definitions of certain terms; to specify certain requirements for solicitation of contributions in person; to revise certain provisions relating to registration and other actions of paid solicitors, solicitor agents, and charitable organizations; to provide an exemption for certain volunteer fire departments and rescue services; to make it unlawful to violate a subpoena issued by the Secretary of State; to prohibit the making of any untrue or misleading written or oral statements to the Secretary of State by anyone registered as, or making application for registration as, a solicitor agent, paid solicitor, or charitable organization; to change certain provisions concerning the entry of certain orders; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. HB 1163. By Representatives Lane of the 167th, Keen of the 179th, Williams of the 178th, Hill of the 180th, Roberts of the 154th and others: 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 courts, so as to provide for a fifth judge of the superior courts of the Brunswick 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 1540 JOURNAL OF THE SENATE State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to provide for an additional court reporter for said circuit; to authorize the governing authority of the counties which comprise the Brunswick Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. HB 1168. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-13-51 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, collection, and expenditure of proceeds of such tax; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1178. By Representatives Black of the 174th, McCall of the 30th, Roberts of the 154th, England of the 108th, Maddox of the 172nd 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 for a limited period of time from state sales and use tax only regarding the sale or use of liquefied petroleum gas or other fuel used for certain swine raising purposes; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1184. By Representatives Freeman of the 140th, Harbin of the 118th, Smith of the 113th, Maddox of the 127th, Peake of the 137th 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 authorize the Georgia Student Finance Authority to establish two pilot educational assistance programs for collegiate sports for students with physical disabilities; to provide for legislative intent; to provide for duration; to provide for scholarships; to provide for eligibility; to provide TUESDAY, MARCH 11, 2008 1541 for scholarships for eligible disabled veterans; to provide for pilot criteria; to provide for selection of pilot institution; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. HB 1193. By Representatives Burkhalter of the 50th and Smith of the 113th: 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 change provisions relating to the exemption for sales of property to, or used in the construction of, certain aquariums; to provide for a limited time for an exemption of sales of property used in construction of certain aquarium expansions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1211. By Representatives Royal of the 171st, Roberts of the 154th, Keen of the 179th, Porter of the 143rd, Cole of the 125th and others: A BILL to be entitled an Act to amend Titles 48 and 36 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and local government, so as to provide for the special assessment of bona fide large forest land conservation use property; to provide for a short title; to change certain definitions regarding ad valorem taxation; to provide for valuation tables; to provide for procedures, conditions, and limitations; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1217. By Representatives Jerguson of the 22nd, Williams of the 4th, Glanton of the 76th and Tumlin of the 38th: 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 legislative intent; to provide definitions; to create the State Licensing Board of Home Inspectors; to provide for its membership, appointment, filling of vacancies, terms of office, qualifications, powers and duties, staffing, and meetings; to provide for licensing of home inspectors; to provide for home inspection reports and their contents; to provide for insurance requirements; to provide for related matters; to repeal Article 6 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to documentation by home 1542 JOURNAL OF THE SENATE inspectors; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 1221. By Representatives Maxwell of the 17th, Keen of the 179th, Rogers of the 26th and Meadows of the 5th: A BILL to be entitled an Act to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to consent of an insured to an insurance contract and exceptions, so as to change the minimum number of employees required to be covered under an insurance contract or contracts held by a corporation or trustee; to provided for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 1243. By Representatives Lindsey of the 54th, Willard of the 49th and Wilkinson of the 52nd: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to sale of alcoholic beverages by public carriers and nonprofit organizations, so as to change certain provisions relating to the issuance of temporary permits for sale of alcoholic beverages by nonprofit organizations; to increase the number of days and number of permits that the commissioner may issue; to increase fees for temporary permits; to provide for nonprofit organizations to conduct auctions of wine donated by certain persons under certain circumstances; to provide for procedure; to define a term; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 1280. By Representatives Stephens of the 164th, Bearden of the 68th, Shaw of the 176th, Roberts of the 154th and May of the 111th: 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 state licensing of regional economic assistance projects to sell certain alcoholic beverages; to provide requirements and conditions of such license; to provide for powers, duties, and authority of the state revenue commissioner; to amend Article 8 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to encouragement of state agencies to give certified projects priority in licensing TUESDAY, MARCH 11, 2008 1543 and processing grants and authorization for sale of alcoholic beverages, so as to move the provisions relating to the sales of certain alcoholic beverages by regional economic assistance projects to Title 3 of the Official Code of Georgia Annotated; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 1286. By Representatives Keen of the 179th, Roberts of the 154th, Jones of the 46th, Davis of the 122nd, Fleming of the 117th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to revise provisions relating to instructional activity concerning Veterans Day; to provide that public elementary and secondary schools shall be closed on November 11 of each year in honor of Veterans Day; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 1368. By Representatives Rogers of the 26th, Harbin of the 118th, Rice of the 51st, Fleming of the 117th and Smith of the 113th: A BILL to be entitled an Act to amend Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from motor vehicle licensing requirements, so as to revise certain provisions relating to an exemption for out-of-state students who attend schools in this state; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 1374. By Representative Shaw of the 176th: A BILL to be entitled an Act to abolish the State Court of Clinch County; to repeal an Act to create and establish the State Court of Clinch County (formerly the County Court of Clinch County), approved January 29, 1943 (Ga. L. 1943, p. 731), as amended, particularly by an Act approved February 22, 1943 (Ga. L. 1943, p. 746), by an Act approved March 2, 1945 (Ga. L. 1945, p. 829), by an Act approved January 30, 1946 (Ga. L. 1946, p. 304), by an Act approved February 14, 1958 (Ga. L. 1958, p. 2080), by an Act approved March 30, 1971 (Ga. L. 1971, p. 2644), and by an Act approved March 27, 1985 (Ga. L. 1985, p. 4183); to provide that no further elections shall be held for judge or solicitor; to provide for the transfer of pending cases and matters; to provide 1544 JOURNAL OF THE SENATE for related matters; to provide for preclearance of this Act; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HR 1276. By Representatives Royal of the 171st, Roberts of the 154th, Keen of the 179th, Porter of the 143rd, Cole of the 125th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for the special assessment and taxation of bona fide large forest land conservation use property; to provide for bona fide large forest land conservation use tax relief adjustments; to provide for procedures, conditions, and limitations; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Finance Committee. The following committee reports were read by the Secretary: 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 422 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 869 Do Pass HB 1025 Do Pass SB 544 Do Pass Respectfully submitted, Senator Wiles of the 37th District, Chairman TUESDAY, MARCH 11, 2008 1545 Senator Thompson of the 33rd asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused. Senator Fort of the 39th asked unanimous consent that Senator Ramsey of the 43rd be excused. The consent was granted, and Senator Ramsey was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Bulloch Butler Carter Chance Chapman Cowsert Davenport Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Jones Me V Bremen Moody Mullis Murphy Orrock Pearson Powell Rogers Seabaugh Seay Shafer,D Smith Staton Stoner Tarver Tate Thomas,R Thompson,C Thompson,S Tolleson Unterman Weber Wiles Williams Not answering were Senators: Hawkins Reed Johnson (Excused) Schaefer Ramsey (Excused) Thomas, D. The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Reed Schaefer The members pledged allegiance to the flag. Senator Smith of the 52nd introduced the chaplain of the day, Pastor Jarrod Roberts of Rome, Georgia, who offered scripture reading and prayer. 1546 JOURNAL OF THE SENATE Senator Hawkins of the 49th recognized Chief Roy Franklin Hooper, Jr. of the Gainesville Police Department, commended by SR 794, adopted previously. Chief Roy Franklin Hooper, Jr. addressed the Senate briefly. Senator Hawkins of the 49th introduced Sheriff Steve Cronic of the Hall County Sheriff's Department, commended by SR 795, adopted previously. Sheriff Steve Cronic addressed the Senate briefly. The following resolutions were read and adopted: SR 1100. By Senator Schaefer of the 50th: A RESOLUTION recognizing and commending Tallulah Falls School on the occasion of their centennial celebration; and for other purposes. SR 1101. By Senators Orrock of the 36th, Reed of the 35th, Seay of the 34th, Fort of the 39th, Tate of the 38th and others: A RESOLUTION recognizing and honoring the life of Mr. Herb Butler; and for other purposes. SR 1102. By Senators Orrock of the 36th, Reed of the 35th, Seay of the 34th, Fort of the 39th, Tate of the 38th and others: A RESOLUTION recognizing and honoring the life of Ms. Sara Gonzlez; and for other purposes. SR 1103. By Senators Orrock of the 36th, Hooks of the 14th, Harp of the 29th, Reed of the 35th, Seay of the 34th and others: A RESOLUTION recognizing and commending Mrs. Nancy G. Hall; and for other purposes. SR 1104. By Senators Orrock of the 36th, Reed of the 35th, Seay of the 34th, Fort of the 39th, Tate of the 38th and others: A RESOLUTION recognizing and honoring the life of Donald (Don) G. Allen; and for other purposes. SR 1105. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending, Canyun (Lucy) Zhang, TUESDAY, MARCH 11, 2008 1547 Sprayberry High School's STAR Student for 2007-2008; and for other purposes. SR 1106. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending, Rebekah Lauren Packer, Etowah High School's STAR Student for 2007-2008; and for other purposes. SR 1107. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Ezra Chu, a Woodstock High School STAR Student for 2007-2008; and for other purposes. SR 1108. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Jarter Gao, a Woodstock High School STAR Student for 2007-2008; and for other purposes. SR 1109. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION commending Pastor James C. Ward and First Lady Idell Ward on the occasion of their 13th anniversary at Antioch-Lithonia Missionary Baptist Church; and for other purposes. SR 1110. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending Murdock Elementary School for being designated a 2007 Georgia School of Excellence; and for other purposes. SR 1111. By Senator Chapman of the 3rd: A RESOLUTION honoring the life and service of Corporal Michael Douglas Young; and for other purposes. SR 1112. By Senators Hawkins of the 49th and Murphy of the 27th: A RESOLUTION recognizing and commending Phil Niekro as the recipient of the Gainesville Kiwanis Club Youth Service Award; and for other purposes. SR 1114. By Senator Williams of the 19th: A RESOLUTION commending Robert L. Lewis, Jr.; and for other purposes. 1548 JOURNAL OF THE SENATE SR 1115. By Senators Murphy of the 27th, Hawkins of the 49th and Rogers of the 21st: A RESOLUTION recognizing and commending Meleah Miller, Miss Deaf Georgia 2007-09; and for other purposes. SR 1116. By Senator Harp of the 29th: A RESOLUTION recognizing and commending the Flint River Academy Wildcats football team, its coaches, and the cheerleaders; and for other purposes. SR 1117. By Senators Jones of the 10th and Ramsey, Sr. of the 43rd: A RESOLUTION honoring Reverend Dennis W. Mitchell; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Tuesday, March 11, 2008 Thirtieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 869 Thompson of the 5th Jones of the 10th Weber of the 40th Henson of the 41st Adelman of the 42nd Ramsey of the 43rd Butler of the 55th DEKALB COUNTY A BILL to be entitled an Act to amend an Act to abolish the offices of tax-receiver and tax-collector of DeKalb County, Georgia, to create the office of County Tax-Commissioner of DeKalb County, Georgia, and for other purposes, approved August 18, 1927 (Ga. L. 1927, p. 558), as amended, so as to change certain provisions relating to the filling of vacancies for the office of tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 11, 2008 1549 HB 1025 Johnson of the 1st Thomas of the 2nd CITY OF GARDEN CITY A BILL to be entitled an Act to provide for an advisory referendum election to be held in the City of Garden City for the purpose of determining whether the members of the city council should be elected by district; to provide for a declaration of public purpose; to provide for the submission of this Act to the United States Department of Justice for preclearance; 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: SB 544 Douglas of the 17th NEWTON COUNTY A BILL to be entitled an Act to provide a homestead exemption from Newton County ad valorem taxes for maintenance and operation of facilities of the county in the amount of $30,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or older and whose 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. 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 Carter Y Chance Y Chapman Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver 1550 JOURNAL OF THE SENATE Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Jones Y Me V Bremen Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the local legislation, the yeas were 54, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Jack Murphy District 27 304-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Public Safety Appropriations Banking and Financial Institutions Economic Development Ethics Retirement Insurance and Labor Regulated Industries and Utilities Veterans, Military and Homeland Security The State Senate Atlanta, Georgia 30334 3/11/08 Please count my vote as yes on the Local Consent Calendar. /s/ Jack Murphy Senator Smith of the 52nd recognized Chairman Lee Patterson and Secretary Beth Dabbs of the Floyd County Child Fatality Review Panel. TUESDAY, MARCH 11, 2008 1551 Senator Butler of the 55th recognized Grover Barfield, 2006 CFR Coroner of the Year and Chairman of the Macon County Child Abuse Protocol Committee, commended by SR 861, adopted previously. Senator Wiles of the 37th asked unanimous consent to change the order of business to read the State and Local Governmental Operations committee report and pass the Local Supplemental Consent Calendar. There was no objection. 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 817 Do Pass by substitute Respectfully submitted, Senator Wiles of the 37th District, Chairman The following local, uncontested legislation, favorably reported by the committee as listed on the Supplemental Local Consent Calendar, was put upon its passage: SENATE SUPPLEMENTAL LOCAL CONSENT CALENDAR Tuesday, March 11, 2008 Thirtieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 817 Jones of the 10th Reed of the 35th Orrock 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 create the McPherson Implementing Local Redevelopment Authority; to provide for a short title; to 1552 JOURNAL OF THE SENATE 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 liberal construction; to provide for effective dates; to repeal conflicting laws; and for other purposes. (SUBSTITUTE) The Senate State and Local Governmental Operations Committee offered the following substitute to HB 817: A BILL TO BE ENTITLED AN ACT To create the McPherson Implementing Local Redevelopment Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; 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 effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Short title. This Act shall be known and may be cited as the "McPherson Implementing Local Redevelopment Authority Act." TUESDAY, MARCH 11, 2008 1553 SECTION 2. Definitions. (a) As used in this Act, the term: (1) "Authority" or "redevelopment authority" means the McPherson Implementing Local Redevelopment Authority created by this Act. (2) "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 agent, 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. (3) "Economic development conveyance" has the same meaning as provided in 32 C.F.R. 174.9(a). (4) "Project" includes: (A) The land and any one or more buildings or structures located in or on the land (the real property) formerly occupied by Fort McPherson and the real property adjacent thereto to be used in education, parks and recreation, transportation, health care, research, housing, commerce, or the production, manufacturing, processing, assembling, storing, or handling of any agricultural, manufactured, mining, or industrial product or any combination of the foregoing or similar uses, in every case with all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping, and facilities for outdoor storage, all as determined by the authority, which determination shall be final and not subject to review; and there may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad and automotive transportation, and transportation facilities incidental to the project; (B) The acquisition, construction, leasing, or equipping of new industrial facilities or the improvement, modification, acquisition, expansion, modernization, leasing, equipping, or remodeling of existing industrial or governmental facilities located or to be located in or on the property formerly occupied by Fort McPherson and the properties adjacent thereto; (C) The acquisition, construction, improvement, or modification of any property, real or personal, which any industrial concern might desire to use, acquire, or lease in connection with the operation of any plant or facility located or to be located in or 1554 JOURNAL OF THE SENATE on the property formerly occupied by Fort McPherson and the properties adjacent thereto; and (D) The acquisition and development of land in or on the property formerly occupied by Fort McPherson as the site for an educational facility, historical preservation site, commercial enterprise, entertainment facility, park or recreational facility, industrial park, transportation facility, health care facility, research facility, residential project, or similar uses, provided that, for purposes of this subparagraph, the term "development of land" includes the provision of water, sewage, drainage, or similar facilities or transportation, power, or communication facilities which are incidental to use of the site as an educational facility, historical preservation site, commercial enterprise, entertainment facility, park or recreational facility, industrial park, transportation facility, health care facility, research facility, residential project, or similar use but, except with respect to such facilities, does not include the provision of structures or buildings. (5) "Revenue bonds" or "bonds" means 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 3. McPherson Implementing Local Redevelopment Authority. (a) There is created a body corporate and politic, to be known as the "McPherson Implementing Local Redevelopment 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. The authority shall have perpetual existence. (b) The authority shall consist of not less than 11 nor more than 15 members, the majority of whom shall come from the City of Atlanta. In addition, the Governor shall select a voting member to represent the State of Georgia. With the exception of the member selected by the Governor to represent the State of Georgia, the members shall be appointed by the Governor from a list of nominees submitted by the governing authorities of any county and the mayor of any municipality in which Fort McPherson is located and the mayor of any municipality which abuts Fort McPherson. Persons so appointed shall TUESDAY, MARCH 11, 2008 1555 serve for initial terms of office which shall expire on December 31 of the fourth year after their appointment. After the initial terms of office, members of the authority shall serve for terms of office of four years each. Members of the authority shall serve for their respective terms of office specified in this subsection and until their respective successors are appointed and qualified. Any member of the authority may be appointed to succeed himself or herself. After such appointment, the members of such authority shall enter upon their duties. 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, except that if a nomination of a person to fill a vacancy in membership is not submitted to the Governor within 30 days after the vacancy occurs, the vacancy shall be filled by an appointment made by the Governor without the necessity of a nomination from the affected area. A person appointed to fill a vacancy shall serve for the remainder of the unexpired term and until the appointment and qualification of a successor. The members of the authority shall be reimbursed, upon submission of sworn vouchers, for all actual expenses incurred in the performance of their duties out of funds of the authority but shall receive no further compensation. The authority shall make rules and regulations for its own government. (c) To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and shall not have been convicted of a felony. (d) The Governor shall select one of the members of the authority to serve as chairperson. Also, the members of the authority shall elect one of their number as vice chairperson, shall elect one of their number as secretary, and may elect one of their number as treasurer. The secretary may also serve as treasurer. Each of such officers shall serve for a period of two years 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. (e) In addition to the members set forth in subsection (b) of this section, there shall be ex officio members who shall be as follows: (1) One member appointed by the members of the Senate whose districts include all or a portion of Fort McPherson and one member appointed by the members of the House of Representatives whose districts include all or a portion of Fort McPherson; (2) The commissioner of the Department of Economic Development or his or her designee; (3) The commissioner of the Department of Community Affairs or his or her designee; (4) The commissioner of the Department of Natural Resources or his or her designee; (5) The commissioner of the Department of Transportation or his or her designee; (6) The Commissioner of Labor or his or her designee; (7) The chancellor of the University System of Georgia or his or her designee; and (8) One member appointed by the members of the Atlanta City Council whose districts include all or a portion of Fort McPherson. Such ex officio members shall have all of the rights and duties as other members of the redevelopment authority except that they shall not have the right to vote on any matter. 1556 JOURNAL OF THE SENATE (f) The redevelopment authority may create the following subcommittees: health care, education, infrastructure, labor, real estate, economic development, housing and homelessness, environment, and quality of life and others as deemed appropriate. The redevelopment authority may appoint as members of the subcommittees such individuals from the community as the authority deems appropriate and such members do not have to be members of the authority. The subcommittees shall serve in an advisory capacity to the redevelopment authority. The chairperson of the authority shall choose from among the members of each subcommittee a person to serve as chairperson of that subcommittee. The chairpersons of the subcommittees shall serve two-year terms and shall be eligible for reappointment. (g) A majority of the members of the authority, excluding ex officio members, 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. (h) 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 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 three consecutive regular meetings of the authority without an excuse approved by a resolution of the authority. (i) All meetings of the authority, regular or special, shall be open to the public. (j) No member or employee of the authority shall have, directly or indirectly, any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority. SECTION 4. 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 executing and administering the reuse plan for the property formerly occupied by Fort McPherson, executing economic development conveyances for such property, and acquiring, constructing, equipping, maintaining, and operating projects in or on the property formerly occupied by Fort McPherson resulting from the closure or realignment of Fort McPherson so as to ameliorate the impact of such closure or realignment on the communities and citizens of the surrounding area; extending and improving such projects; acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, to any persons, firms, or corporations, whether public or private, if in the sole judgment of the authority such use, lease, or sale supports the general purposes of the authority; and doing all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development and operation of such type of undertakings. TUESDAY, MARCH 11, 2008 1557 SECTION 5. Powers of the authority. 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, including acquisition of land from the federal government, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes and to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, and lease all projects which shall come under the control of the authority under the provisions of this Act or which it may acquire or plan to acquire; to regulate, protect, and police such projects and all related activities and facilities; to enter into any contracts, leases, or other agreements, promulgate any orders, and set any tolls, fees, or other charges for the use of property or services of the authority and collect and use the same as necessary to operate the projects under control of the authority; and to accomplish any of the purposes of this Act and make any purchases or sales necessary for such 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 rights or easements therein, or franchises 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 such property, or dispose of the same in any manner it deems to be to the best advantage of the authority; (4) To appoint, select, and employ officers, agents, and employees, including real estate, environmental, engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their respective compensations; (5) 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 and federal government 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 and the federal government; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, 1558 JOURNAL OF THE SENATE 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 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 agency or instrumentality thereof; (7) 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; (8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require; (9) 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; (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 that no such power is in conflict with the Constitution or general laws of this state; (11) To encourage and facilitate job training and housing rehabilitation programs for residents surrounding Fort McPherson; and (12) 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 any 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, payable at such time or times, 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 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 thereto, and shall fix the denomination or denominations of the bonds and the TUESDAY, MARCH 11, 2008 1559 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 bond or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of 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 therefrom 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 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 and certificates or 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. 1560 JOURNAL OF THE SENATE 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 any other conditions or things other than those proceedings, conditions, and things 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 the State of Georgia or any county or municipality nor a pledge of the faith and credit of the State of Georgia or any county or municipality; 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 the State of Georgia or any county or municipality 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 or bank having the powers of a trust company inside or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution 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 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 TUESDAY, MARCH 11, 2008 1561 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, 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 indenture 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 such 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 1562 JOURNAL OF THE SENATE (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 another. 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. 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 premium, if any. 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., 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 TUESDAY, MARCH 11, 2008 1563 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 a 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 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 redevelopment authority. 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 Fulton 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 compete 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 the holders of any such bonds, and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. SECTION 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. 1564 JOURNAL OF THE SENATE SECTION 24. Rates, charges, and revenues; use. The authority is authorized to prescribe and fix rates and to revise the same from time to time and to collect fees, 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 25. 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 26. Tort immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as other counties and municipalities in this state; and the officers, agents, and employees of the authority, when in the performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of other counties and municipalities in this state when in the performance of their public duties or work of such political subdivisions. SECTION 27. 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 TUESDAY, MARCH 11, 2008 1565 section shall not extend to tenants or lessees of the authority and shall not include exemptions from sales and use taxes on property purchased by the authority or for use by the authority. SECTION 28. 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. SECTION 29. Effect on other governments. (a) This Act shall not and does not in any way take from any county or municipality the authority to own, 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." (b) This Act provides the exclusive means by which any economic development conveyance may be made with regard to Fort McPherson. SECTION 30. Liberal construction of 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. However, the McPherson Implementing Local Redevelopment Authority shall not be appointed nor take any action whatsoever until the Governor issues an executive order finding that a need for the authority exists with regard to the closure or realignment of Fort McPherson. SECTION 32. Repealer. All laws and parts of laws in conflict with this Act are repealed. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. 1566 JOURNAL OF THE SENATE On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the local legislation, the yeas were 53, nays 0. The legislation on the Supplemental Local Consent Calendar, having received the requisite constitutional majority, was passed by substitute. Senator Wiles of the 37th asked unanimous consent that HB 817 be immediately transmitted to the House. There was no objection. Senator Fort of the 39th introduced the doctor of the day, Dr. Mark Rachal. The following legislation, favorably reported by the committees, as listed on the Senate Consent Calendar, was put upon its adoption. SENATE CONSENT CALENDAR FOR RESOLUTIONS EXPRESSING THE WILL OF THE SENATE TUESDAY, MARCH 11, 2008 THIRTIETH LEGISLATIVE DAY SR 140 U.S. Congress; urged to enact legislation that would amend the Medicare program (I&L-32nd) TUESDAY, MARCH 11, 2008 1567 SR 706 U.S. Congress and President; urged to enact legislation to increase physician residencies funded by medicare in Georgia (RULES-18th) SR 831 People's Republic of China; expressing cultural, economic, and educational cooperation (RULES-32nd) SR 842 Transportation, Georgia Dept. of; urged to build a maglev train connecting Hartsfield-Jackson in Atlanta with Chattanooga Municipal Airport (TRANS-53rd) SR 1010 President/U.S. Congress; urged to call for peaceful resolution in Kenya; support of House Congressional Resolution of 283 (I COOP-15th) SR 1011 President/U.S. Congress; urged to review conviction/incarceration of former agents Ignacio "Nacho" Ramos/Jose Alonso Compean (I COOP-24th) SR 1047 Transportation Dept.; urged to consolidate its county barns/privatize road maintenance functions (Substitute)(TRANS-51st) SR 1052 Endangered Species Act of 1973; urged to be amended and congressional House Resolution 3847 be passed (NR&E-49th) SR 1056 Natural Resources, Dept of; urged to work in conjunction with Dept. of Economic Development; feasibility of restoring/preserving historic barns (ECD-53rd) SR 1060 Transportation Commissioner; urged to provide a series of reports to the General Assembly (TRANS-53rd) SR 1063 GA Environmental Protection Division; urged to implement a new water quality standard; Savannah Harbor (NR&E-1st) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The substitute to the following resolution was put upon its adoption: *SR 1047: The Senate Transportation Committee offered the following substitute to SR 1047: 1568 JOURNAL OF THE SENATE A RESOLUTION Urging the Georgia Department of Transportation to consolidate its county barns and privatize road maintenance functions; and for other purposes. WHEREAS, the Georgia Department of Transportation maintains multiple barns throughout this state to store its equipment; and WHEREAS, if possible, the department should consolidate these barns into regional storage areas, rather than maintaining as many barns throughout this state; and WHEREAS, many of the road maintenance functions performed on state roads by Department of Transportation personnel or contractors hired by the department, such as mowing alongside roads or striping roads, are also performed by county personnel on county roads; and WHEREAS, the department should consider contracting with counties or the private sector, where feasible, to save taxpayers money and raise the efficiency of road maintenance throughout this state. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body urges the Department of Transportation to develop a strategy to consolidate its barns and road maintenance operations in order to save taxpayers money and improve efficiency. BE IT FURTHER RESOLVED that this body urges the Department of Transportation to report to the General Assembly by December 31, 2008, on its progress in consolidating its barns and road maintenance operations. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of the Georgia Department of Transportation and to each member of the State Transportation Board. On the adoption of the substitute, the yeas were 51, nays 1, 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 Senate Consent Calendar for Resolutions Expressing the Will of the Senate, a roll call was taken and the vote was as follows: TUESDAY, MARCH 11, 2008 1569 Y Adelman Y Balfour N Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the adoption of the legislation, the yeas were 51, nays 1. The legislation on the Senate Consent Calendar for Resolutions Expressing the Will of the Senate, except SR 1047, having received the requisite constitutional majority was adopted. SR 1047, having received the requisite constitutional majority, was adopted by substitute. Senator Balfour of the 9th moved to engross SB 451, which was on today's Senate Rules Calendar. On the motion, the yeas were 32, nays 6 the motion prevailed and the Senate engrossed SB 451. 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 Douglas of the 17th recognized the Georgia National Guard. Adjutant General William T. Nesbitt addressed the Senate briefly. 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. 1570 JOURNAL OF THE SENATE SENATE RULES CALENDAR TUESDAY, MARCH 11, 2008 THIRTIETH LEGISLATIVE DAY SB 196 SB 549 SB 451 SB 445 SB 535 SR 1030 SB 523 SB 526 SB 542 SB 305 SR 1055 SB 519 Military Scholarships; provide for children of persons killed/disabled as a result of combat wound; define terms (H ED-35th) Emergency Medical Services; establish three level system of stroke centers; definitions (Substitute)(H&HS-54th) Protecting Georgia's Investment Act; require boards administering public retirement funds identify all companies doing investments in Iran (Amendments)(RET-9th) Administrative Procedure; effectiveness of a challenged agency rule; General Assembly take action on such rule at next legislative session (Substitute)(GvtO-28th) Local Boards of Education; require school systems to attain/maintain accreditation; definition; removal of members; provide for procedures (ED&Y-16th) Joint Electronic Records, Signatures, Filing and Recording Study Committee; create (JUDY-52nd) Education; capitol outlay grants to local school systems; extend date for automatic repeal (ED&Y-56th) Lottery for Education Act; define certain terms; under certain conditions lottery winnings may be assigned; court order (ECD-29th) Military, Emergency & Veterans Affairs; local redevelopment authorities; confer powers/impose duties; provide for membership; appointment (Substitute)(ECD-31st) Emergency Management; licensing of nongovernmental rescue organizations; revise a provision (Substitute)(RI&Util-48th) Joel A. Katz Parkway; Fulton County; dedicate (Substitute)(TRANS-53rd) Power of Sale; change the requirement for sending notice (Substitute) (B&FI-30th) TUESDAY, MARCH 11, 2008 1571 SB 461 SB 539 SB 327 SB 328 SB 460 SB 413 SB 547 SR 1074 SB 36 SB 480 Education; provide schools with certain guidelines regarding bullying; submit policy to Dept. of Education (Substitute)(ED&Y-21st) Certificate of Need Program; exempt continuing care retirement communities; certificate of need requirements; certain conditions (Substitute)(H&HS-54th) Georgia State Employee Savings Plan; deferred compensation plan; employer contribution; provide rules/regulations (Substitute)(RET-31st) Georgia State Employee Savings Plan; deferred compensation plan; employer contribution; provide rules/regulations (Substitute)(RET-31st) Superior Court Clerks' Retirement Fund; membership dues in such fund; creditable service; provide a penalty (RET-31st) Boxing, Wrestling, Martial Arts; licensure/regulation; substantially/ comprehensively revise provisions (Substitute)(RI&Util-1st) Brain and Spinal Injury Trust Fund; expand prov. under Constitution of Ga to authorize additional penalty assessments for additional violations (Substitute)(JUDY-16th) Offenses; parking in parking spaces reserved for persons with disabilities; authorize General Assembly to provide additional penalties-CA (Substitute)(JUDY-16th) Ga. Peace Officers Standards and Training Council; certified investigators; salary increases (APPROP-2nd) HOPE scholarships; change certain definitions (Substitute)(H ED-19th) SB 548 State Purchasing; prohibit use of state funds by purchase orders or other such payment vehicles for personal benefit or gain; penalties (GvtO-28th) SB 529 Rules of the Road; commit the offense of felony hit and run; provide for offense of homicide by vehicle, vessel (JUDY-25th) SB 537 State Inspector General, Office of; establish; provide for definitions, duties, certain powers, procedures for the application of such office (GvtO-21st) 1572 JOURNAL OF THE SENATE SB 503 Whistleblower Open Settlements Act; prohibit hospital authority; confidential settlement agreements; federally/state whistleblower (UAff-48th) SR 721 Courts; limitation on jurisdiction; appropriations by the General AssemblyCA (Substitute)(JUDY-21st) SB 163 Retirement; county revenue employees; no person who becomes tax commissioner or any such officer shall be eligible for membership (Substitute)(RET-31st) SB 531 Foreclosure; conduct by the current owner/holder of mortgage; require (B&FI-30th) SB 335 State Agencies; designate English as official language; prohibit requiring employees to speak/learn any other languages for employment (PF) (Substitute)(PUB SAF-17th) SB 259 Warrants; issuance of search warrants by judicial officers; change provisions (Substitute)(JUDY-39th) SR 809 Congress, Governmental Agencies, Automobile Industry; urged to substitute the term "life belt" for "seat belt" and "life bag" for "air bag" (PUB SAF-10th) SB 507 Public Assistance; basic therapy services for children with disabilities; establish requirements; definitions (H&HS-56th) SR 687 Ad Valorem Taxation; local replacement option; provide for procedures, conditions, and limitation-CA (Substitute)(FIN-28th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 196. By Senators Reed of the 35th, Harp of the 29th, Thompson of the 33rd, Tarver of the 22nd and Harbison of the 15th: A BILL to be entitled an Act to amend Part 4 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to military scholarships, TUESDAY, MARCH 11, 2008 1573 so as to provide for scholarships for the children of persons killed or disabled as a result of combat wounds; to define certain terms; to provide for a scholarship equal to the tuition charges; to provide that the grant of such scholarships shall be contingent on funding; to repeal conflicting laws; and for other purposes. Senators Wiles of the 37th, Douglas of the 17th, Harp of the 29th, Reed of the 35th and Staton of the 18th offered the following amendment #1: Amend SB 196 (LC 21 9219) by inserting after "parent" on line 15 on page 1 "was a legal resident of Georgia at the time he or she"; by inserting after "forces" on line 24 on page 1 ", the Georgia National Guard, or a reserve component of the armed forces of the United States"; and by inserting after "percent" on line 26 on page 1 "or greater". On the adoption of the amendment, there were no objections, and the Wiles et al. amendment #1 was adopted. Senators Wiles of the 37th, Douglas of the 17th, Harp of the 29th and Staton of the 18th offered the following amendment #2: Amend SB 196 (LC 21 9219) by striking "equal to the tuition charges" on line 4 on page 1 and inserting in lieu thereof "for such children" and by striking lines 3 and 4 on page 2 and inserting in lieu thereof "in the sum of $2,000.00 per award year for a maximum of four award years." On the adoption of the amendment, Senator Reed of the 35th called for the yeas and nays; the call was sustained, and the vote was as follows: N Adelman Balfour N Brown N Bulloch N Butler N Carter Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans N Golden Y Grant Y Heath N Henson Y Hill,Jack N Hill,Judson N Hooks Y Hudgens Y Jackson N Johnson N Jones N Me V Bremen N Moody Y Mullis Y Murphy N Orrock Y Pearson Schaefer N Seabaugh N Seay N Shafer,D N Smith N Staton N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S N Tolleson Y Unterman 1574 JOURNAL OF THE SENATE N Hamrick E Harbison Harp Y Hawkins N Powell N Ramsey N Reed N Rogers Y Weber Y Wiles N Williams On the adoption of the amendment, the yeas were 17, nays 34, and the Wiles et al. amendment #2 was lost. Senator Weber of the 40th was excused for business outside the Senate Chamber. 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 Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers E Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 196, having received the requisite constitutional majority, was passed as amended. The following message was received from the House through Mr. Rivers, the Clerk thereof: TUESDAY, MARCH 11, 2008 1575 Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 1382. By Representative Ralston of the 7th: A BILL to be entitled an Act to create the Gilmer County Kids Kottage Commission; to provide for a short title; to provide for the manner of appointment of members; to provide for membership; to provide for definitions; to provide for organization; to provide for powers and duties; to provide for immunity; to provide for charitable and public functions; to provide for treatment under the Internal Revenue Code as a tax exempt organization; to provide for actions; to provide for construction; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1385. By Representatives Burns of the 157th and Carter of the 159th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Effingham County, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, particularly by an Act approved September 15, 2001 (Ga. L. 2001, Ex. Sess., p. 268), so as to change the provisions regarding the qualifications of members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1387. By Representative Roberts of the 154th: A BILL to be entitled an Act to provide for an advisory referendum election to be held in Telfair County for the purpose of ascertaining whether constitutional officers should continue to have term limits; to provide for procedures, requirements, and other matters relative thereto; to make a certain declaration; to repeal conflicting laws; and for other purposes. HB 1388. By Representative Roberts of the 154th: A BILL to be entitled an Act to provide for an advisory referendum election to be held in Telfair County for the purpose of ascertaining whether the form of government in Telfair County should be changed from a board of commissioners consisting of five members elected from commissioner districts with the chairperson elected by the board members from among their number to a board of commissioners consisting of four 1576 JOURNAL OF THE SENATE members elected from commissioner districts and a fifth member to serve as a chairperson elected by the electors from the county at large; to provide for procedures, requirements, and other matters relative thereto; to make a certain declaration; to repeal conflicting laws; and for other purposes. HB 1389. By Representative Maddox of the 172nd: A BILL to be entitled an Act to create the Bainbridge 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 Bainbridge, 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 Calendar was resumed. SB 549. By Senator Thomas of the 54th: 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 a three level system of stroke centers; to provide for legislative findings; to provide for definitions; to provide for the development of a model stroke triage assessment tool; to provide for the establishment of protocols related to the assessment, treatment, and transport of stroke patients by licensed emergency medical services providers; to provide for annual reporting; to provide for statutory construction; to provide that a hospital shall not advertise that it is a primary, comprehensive, or support stroke center unless so designated; to provide for rules and regulations; 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 549: 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 enact the "Coverdell-Murphy Act"; to establish a TUESDAY, MARCH 11, 2008 1577 two level system of certified stroke centers; to provide for legislative findings; to provide for definitions; to provide for the identification of primary stroke centers and remote treatment stroke centers; to provide for a grant program; to provide for the distribution of a list of state identified stroke centers to emergency medical services providers; to provide for the development of a model stroke triage assessment tool; to provide for the establishment of protocols related to the assessment, treatment, and transport of stroke patients by licensed emergency medical services providers; to provide for annual reporting; to provide for statutory construction; to provide that a hospital shall not advertise that it is identified by the state as a primary or remote treatment stroke center unless so identified; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Coverdell-Murphy Act" in honor of the late Georgia Congressman Paul D. Coverdell and the late Georgia Speaker of the House of Representatives Thomas B. Murphy, both revered politicians of the great State of Georgia, and victims of massive strokes. SECTION 2. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by adding a new Article 6 to Chapter 11 to read as follows: "ARTICLE 6 31-11-110. The General Assembly finds and declares that: (1) The rapid identification, diagnosis, and treatment of stroke can save the lives of stroke victims and in some cases can reverse neurological damage such as paralysis and speech and language impairments, leaving stroke victims with few or no neurological deficits; (2) Despite significant advances in diagnosis, treatment and prevention, stroke is the third leading cause of death and the biggest cause of disability in this country; an estimated 700,000 to 750,000 new and recurrent strokes occur each year in this country and with the aging of the population, the number of persons who have strokes is projected to increase; (3) Although new treatments are available to improve the clinical outcomes of stroke, many acute care hospitals often face challenges in obtaining staff and equipment required to optimally triage and treat stroke patients, including the provision of optimal, safe, and effective emergency care for these patients; (4) Although the Georgia Coverdell Acute Stroke Registry currently exists within the Department of Human Resources as a program whose purpose is to increase 1578 JOURNAL OF THE SENATE improvement of the quality of acute stroke care through collaborative efforts with participating hospitals in this state, less than one-third of Georgias hospitals are currently enrolled in the program. Therefore increased participation in and funding of this program in conjunction with the adherence to the tenets of this article would have profound effects on the quality of care for acute stroke victims in this state; (5) An effective system to support stroke survival is needed in our communities in order to treat stroke victims in a timely manner and to improve the overall treatment of stroke victims in order to increase survival and a decrease the disabilities associated with stroke. There is a public health need for acute care hospitals in this state to establish stroke centers to ensure the rapid triage, diagnostic evaluation and treatment of patients suffering a stroke; (6) Two levels of stroke centers should be established for the treatment of acute stroke: (A) Primary stroke centers should be established in as many acute care hospitals as possible to evaluate, stabilize, and provide or arrange for treatment, care, and rehabilitative services to patients diagnosed with acute stroke; and (B) Because access to stroke care is limited in the rural areas of the state due to the limited availability of professional specialists, high-tech imaging equipment, and transportation services, remote treatment stroke centers should be established to evaluate, stabilize, and provide treatment to patients diagnosed with acute stroke in rural portions of the state; (7) Coordination between primary stroke centers and remote treatment stroke centers should be encouraged through the establishment of coordinated stroke care agreements between primary stroke centers and remote treatment stroke centers; and (8) Therefore, it is in the best interest of the residents of this state to establish a program to identify certified stroke centers throughout the state, to provide specific patient care and support services criteria that stroke centers must meet in order to ensure that stroke patients receive safe and effective care, and to provide financial support to acute care hospitals to encourage them to develop stroke centers in all areas of the state. Further, it is in the best interest of the people of this state to modify the states emergency medical response system to assure that stroke victims may be quickly identified and transported to and treated in facilities that have specialized programs for providing timely and effective treatment for stroke victims. 31-11-111. As used in this article, the term 'department' means the same state agency or state board which regulates emergency medical services personnel and providers pursuant to this chapter. 31-11-112. (a) The department shall identify hospitals that meet the criteria set forth in this article as primary or remote treatment stroke centers. (b) A hospital shall apply to the department for such identification and shall TUESDAY, MARCH 11, 2008 1579 demonstrate to the satisfaction of the department that the hospital meets the applicable criteria set forth in Code Section 31-11-113. (c) The department shall identify as many hospitals as primary or remote treatment stroke centers as apply for the identification, provided that each applicant meets the applicable criteria set forth in Code Section 31-11-113. (d) The department may suspend or revoke a hospitals identification as a primary or remote treatment stroke center, after notice and hearing, if the department determines that the hospital is not in compliance with the requirements of this article. 31-11-113. (a) A hospital identified as a primary stroke center shall be certified as such by the Joint Commission on Accreditation of Healthcare Organizations. Any hospital wishing to receive official identification under this Code section must submit a written application to the department, providing adequate documentation of the hospitals valid certification as a primary stroke center by the commission. (b) Remote treatment stroke centers shall be certified and identified by the department through an application process to be determined by the department. Said process shall contain, at minimum, the following requirements: (1) Remote treatment stroke center certifications and identifications by the department are limited to those hospitals that utilize current and acceptable telemedicine protocols relative to acute stroke treatment as defined by the department; (2) Upon receipt of complete and proper application for certification as a remote treatment stroke center, the department shall schedule and conduct an inspection of the applicants facility no later than 90 days after receipt of application; and (3) Any hospital, upon certification by the department as a remote treatment stroke center, shall automatically be identified as a remote treatment stroke center and shall be added to the list of such hospitals as defined in subsection (a) of Code Section 3111-115. (c) Primary stroke centers are encouraged to coordinate, through agreement, with remote treatment stroke centers throughout the state to provide appropriate access to care for acute stroke patients. The coordinating stroke care agreements shall be in writing and include at minimum: (1) Transfer agreements for the transport and acceptance of all stroke patients seen by the remote treatment stroke center for stroke treatment therapies which the remote treatment stroke center is not capable of providing; and (2) Communication criteria and protocols with the remote treatment stroke centers. 31-11-114. (a) In order to encourage and ensure the establishment of stroke centers throughout the state, the department shall award grants, subject to appropriations from the General Assembly, to hospitals that seek identification as remote treatment stroke centers and demonstrate a need for financial assistance to develop the necessary infrastructure, including personnel and equipment, in order to satisfy the criteria for identification as a 1580 JOURNAL OF THE SENATE remote treatment stroke center pursuant to subsection (b) of Code Section 31-11-113. (b) A hospital seeking identification as a remote treatment stroke center pursuant to this article may apply to the department for a grant, in a manner and on a form required by the department, and provide such information as the department deems necessary to determine if the hospital is eligible for the grant. (c) The department may provide grants to as many hospitals as it deems appropriate, subject to appropriations, taking into consideration adequate geographic diversity with respect to locations. (d) The department shall, not later than September 1, 2009, prepare and submit to the Governor, the President of the Senate, and the Speaker of the House of Representatives a report indicating, as of June 30, 2009, the total number of hospitals that have applied for grants pursuant to this Code section, the number of applicants that have been determined by the department to be eligible for such grants, the total number of grants to be awarded, the name and address of each grantee hospital, the amount of the award to each grantee, the amount of each award to be disbursed to the grantee, and whether or not, in the opinion of the department, each grantee would be able to attain identification as a remote treatment stroke center pursuant to subsection (b) of Code Section 31-11-113. 31-11-115. (a) Beginning June 1, 2009, and each year thereafter, the department shall send the list of primary and remote treatment stroke centers identified pursuant to Code Section 3111-113 the medical director of each licensed emergency medical services provider in this state, shall maintain a copy of the list in the office designated with the department to oversee emergency medical services, and shall post a list of primary and remote treatment stroke centers on the departments website. (b) The department shall adopt or develop a sample stroke triage assessment tool. The department shall post this sample assessment tool on its website and distribute a copy of the sample assessment tool to each licensed emergency medical services provider no later than December 31, 2008. Each licensed emergency medical services provider shall use a stroke triage assessment tool that is substantially similar to the sample stroke triage assessment tool provided by the department. (c) The office designated within the department to oversee emergency medical services shall establish protocols related to the assessment, treatment, and transport of stroke patients by licensed emergency medical services providers in this state. 31-11-116. (a) In order to assure that the patients are receiving the appropriate level of care and treatment at each primary stroke center in the state, each hospital identified as a primary stroke center shall annually report the following information to the department: (1) The number of patients evaluated; (2) The number of patients receiving acute interventional therapy; (3) The amount of time from patient presentation to delivery of acute interventional TUESDAY, MARCH 11, 2008 1581 therapy; (4) Patient length of stay; (5) Patient functional outcome; (6) Patient morbidity; (7) Deep vein thrombosis prophylaxis given; (8) Number of patients discharged on antiplatelet or antithrombotics medication; (9) Number of patients with atrial fibrillation receiving anticoagulation therapy; (10) Patients on which the administration of tissue plasminogen activator was considered; (11) Antithrombotic medication administered within 48 hours of hospitalization; (12) Number of lipid profiles ordered during hospitalization; (13) Number of screens for dysphagia performed; (14) Stroke education provided; (15) Number of smoking cessation programs provided or discussed; (16) The number of patients assessed for rehabilitation and whether a plan for rehabilitation was considered; (17) The number of emergency medical services stroke patients who were transported to the facility; (18) The number of emergency medical services stroke patients who were admitted to the facility; (19) The number and percentage of stroke cases treated with intravenous or intraarterial tissue plasminogen activator; and (20) The number of patients discharged on cholesterol reducing medication. (b) In order to assure that the patients are receiving the appropriate level of care and treatment at each remote treatment stroke center in the state, each hospital identified as a remote treatment stroke center shall annually report the following information to the department: (1) The number of patients evaluated; (2) The number of patients receiving acute interventional therapy; (3) The amount of time from patient presentation to delivery of acute interventional therapy; (4) Patient length of stay; (5) The number of emergency medical services stroke patients who were transported to the facility; (6) The number of emergency medical services stroke patients who were admitted to the facility; and (7) The number and percentage of stroke cases treated with intravenous or intraarterial tissue plasminogen activator. (c) The department shall collect the information reported pursuant to subsections (a) and (b) of this Code section and shall post such information in the form of a report card annually on the departments website and present such report to the Governor, the President of the Senate, and the Speaker of the House of Representatives. The results of this report card may be used by the department to conduct training with the identified 1582 JOURNAL OF THE SENATE facilities regarding best practices in the treatment of stroke. (d) In no way shall this article be construed to require disclosure of any confidential information or other data in violation of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191. 31-11-117. This article shall not be construed to be a medical practice guideline and shall not be used to restrict the authority of a hospital to provide services for which it has received a license under state law. The General Assembly intends that all patients be treated individually based on each patients needs and circumstances. 31-11-118. A hospital may not advertise to the public, by way of any medium whatsoever, that it is identified by the state as a primary or remote treatment stroke center unless the hospital has been identified as such by the department pursuant to this article. 31-11-119. The department shall be authorized to promulgate rules and regulations to carry out the purposes of this article." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis E Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C TUESDAY, MARCH 11, 2008 1583 Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 53, nays 0. SB 549, having received the requisite constitutional majority, was passed by substitute. Senator Hawkins of the 49th was excused for business outside the Senate Chamber. Senator Eric Johnson, President Pro Tempore, assumed the Chair. The Calendar was resumed. SB 451. By Senators Balfour of the 9th, Adelman of the 42nd, Williams of the 19th, Reed of the 35th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to the Public Retirement Systems Investment Authority Law, so as to provide a short title; to provide an additional exception from the divestment requirement and the investment prohibition to certain indirect holdings in actively managed investment funds; to require such boards to request that the managers of such investment funds consider removing scrutinized companies from the fund or creating a similar fund that excludes such companies; to require certain reports; to provide for termination of such prohibitions and divestments; to provide for certain notices; to provide for related matters; 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 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 1584 JOURNAL OF THE SENATE Russell W. Hinton State Auditor (404) 656-2174 February 8, 2008 The Honorable Don Balfour State Senator State Capitol, Room 453 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Senate Bill (LC 28 3980) Dear Senator Balfour: This bill would amend certain provisions relating to the Public Retirement Systems Investment Authority Law by creating the "Protecting Georgia's Investments Act." Specifically, this bill would provide that public funds be required to identify all `scrutinized companies' in which the public fund has direct or indirect holdings. This legislation defines `scrutinized companies' as any company that has, with actual knowledge, on or after August 5, 1996, made an investment of $20 million or more in Iran's petroleum sector which directly or significantly contributes to the enhancement of Iran's ability to develop the petroleum resources of Iran. This legislation would require public funds to identify these scrutinized companies by October 1, 2008 and update their listing of these companies annually. This bill also outlines the procedures that must be followed by public funds with direct holdings in any `scrutinized companies.' These procedures include notifying companies of their status, encouraging the companies to cease such activities, and divesting securities in such companies under certain circumstances. This bill provides for certain exclusions and provides for the termination of these prohibitions if certain Federal action occurs. 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 Senate Retirement Committee offered the following amendment #1: Amend SB 451 by inserting on line 21 of page 1 following "matters;" the following: to provide for immunity; TUESDAY, MARCH 11, 2008 1585 By deleting the quotation marks at the end of line 15 of page 7 and inserting immediately following such line the following: (m) Neither the retirement system nor any employee of the retirement system shall be liable for a good faith omission in identifying a scrutinized company." 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 5, 2008 The Honorable Bill Heath, Chairman Senate Retirement Committee State Capitol, Room 109 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Amendment to SB 451(LC 28 3980) As Amended (AM 21 3567) Dear Chairman Heath: As amended, this bill would create the "Protecting Georgia's Investments Act." Specifically, this bill would provide that public funds be required to identify all `scrutinized companies' in which the public fund has direct or indirect holdings. This legislation defines `scrutinized companies' as any company that has, with actual knowledge, on or after August 5, 1996, made an investment of $20 million or more in Iran's petroleum sector which directly or significantly contributes to the enhancement of Iran's ability to develop the petroleum resources of Iran. This legislation would require public funds to identify these scrutinized companies by October 1, 2008 and update their listing of these companies annually. Under this proposed amendment, provisions would be added to specify that neither employees of a retirement system nor the retirement system shall be liable for a good faith omission in identifying scrutinized companies. 1586 JOURNAL OF THE SENATE This bill also outlines the procedures that must be followed by public funds with direct holdings in any `scrutinized companies.' These procedures include notifying companies of their status, encouraging the companies to cease such activities, and divesting securities in such companies under certain circumstances. This bill provides for certain exclusions and provides for the termination of these prohibitions if certain Federal action occurs. This is to certify that this amendment (AM 21 3567) is a nonfiscal amendment as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Russell W. Hinton State Auditor On the adoption of the amendment, there were no objections, and the committee amendment #1 was adopted. The Senate Retirement Committee offered the following amendment #2: Amend SB 451 by inserting on line 21 of page 1 following "matters;" the following: to provide for automatic repeal; By striking "and" at the end of line 21, by replacing the period with a semicolon at the end of line 24, and by inserting between lines 24 and 25 of page 3 the following: (18) Nevertheless, the members of this body have serious concerns regarding the efficacy of requiring the divestment of Georgias retirement funds in large companies with fiscally sound histories and enviable histories of returns, and whether any effect on world-wide business activities might be too insubstantial as to warrant the cost to the state and to public retirees of divestment; (19) Further, the members of this body are concerned about the cost of compliance, both in terms of the necessity of employing additional administrative staff to ferret certain companies out of the investment pool and in the potential for lost investment revenue caused by a possibly ineffective but costly investment policy; and (20) The members of this body have faith that the boards of trustees and investment managers of our public retirement systems are patriotic Americans who would not aid or assist terrorism in any manner, and that restrictive and potentially costly micromanaging by this body is unnecessary. By inserting between lines 15 and 16 of page 7 the following: SECTION 3.1. This Act shall be automatically repealed on July 1, 2011. TUESDAY, MARCH 11, 2008 The following Fiscal Note, as required by law, was read by the Secretary: 1587 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 5, 2008 The Honorable Bill Heath, Chairman Senate Retirement Committee State Capitol, Room 109 Atlanta, Georgia 30334 Dear Chairman Heath: SUBJECT: State Auditor's Certification Amendment to SB 451 (LC 28 3980) As Amended (AM 21 3573) As amended, this bill would create the "Protecting Georgia's Investments Act." Specifically, this bill would provide that public funds be required to identify all `scrutinized companies' in which the public fund has direct or indirect holdings. This legislation defines `scrutinized companies' as any company that has, with actual knowledge, on or after August 5, 1996, made an investment of $20 million or more in Iran's petroleum sector which directly or significantly contributes to the enhancement of Iran's ability to develop the petroleum resources of Iran. This legislation would require public funds to identify these scrutinized companies by October 1, 2008 and update their listing of these companies annually. This bill also outlines the procedures that must be followed by public funds with direct holdings in any `scrutinized companies.' These procedures include notifying companies of their status, encouraging the companies to cease such activities, and divesting securities in such companies under certain circumstances. This bill provides for certain exclusions and provides for the termination of these prohibitions if certain Federal action occurs. Under the proposed amendment, this Act shall be automatically repealed on July 1, 2011. This is to certify that this amendment (AM 21 3573) is a nonfiscal amendment as defined in the Public Retirement Systems Standards Law. 1588 JOURNAL OF THE SENATE Respectfully, /s/ Russell W. Hinton State Auditor On the adoption of the amendment, there were no objections, and the committee amendment #2 was adopted. The Senate Retirement Committee offered the following amendment #3: Amend SB 451 by striking lines 15 and 16 of page 4 and inserting in lieu thereof the following: (8) 'Public fund' means a large retirement system as defined in Code Section 47-20-84. 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 5, 2008 The Honorable Bill Heath, Chairman Senate Retirement Committee State Capitol, Room 109 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Amendment to SB 451(LC 28 3980) As Amended (AM 21 3563) Dear Chairman Heath: As amended, this bill would create the "Protecting Georgia's Investments Act." Specifically, this bill would provide that public funds be required to identify all `scrutinized companies' in which the public fund has direct or indirect holdings. This legislation defines `scrutinized companies' as any company that has, with actual TUESDAY, MARCH 11, 2008 1589 knowledge, on or after August 5, 1996, made an investment of $20 million or more in Iran's petroleum sector which directly or significantly contributes to the enhancement of Iran's ability to develop the petroleum resources of Iran. Under this proposed amendment, `public funds' would mean a large retirement system as defined in 47-20-84 of the Official Code of Georgia Annotated This legislation would require public funds to identify these scrutinized companies by October 1, 2008 and update their listing of these companies annually. This bill also outlines the procedures that must be followed by public funds with direct holdings in any `scrutinized companies.' These procedures include notifying companies of their status, encouraging the companies to cease such activities, and divesting securities in such companies under certain circumstances. This bill provides for certain exclusions and provides for the termination of these prohibitions if certain Federal action occurs. This is to certify that this amendment (AM 21 3563) is a nonfiscal amendment as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Russell W. Hinton State Auditor On the adoption of the amendment, there were no objections, and the committee amendment #3 was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown Y Bulloch N Butler Y Carter Y Chance Y Chapman N Cowsert Y Davenport Y Douglas Y Fort Y Goggans N Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S 1590 JOURNAL OF THE SENATE Y Golden Y Grant Y Hamrick E Harbison Y Harp E Hawkins N Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 6. SB 451, having received the requisite constitutional majority, was passed as amended. At 12:12 p.m. Senator Eric Johnson, President Pro Tempore, announced that the Senate would stand in recess until 12:45 p.m. At 12:45 p.m. Senator Eric Johnson, President Pro Tempore, called the Senate to order. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 1035. By Representatives Smith of the 129th, Sheldon of the 105th, Floyd of the 147th, Rogers of the 26th, May of the 111th 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 motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to provide for related matters; 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 1310. By Representatives Cole of the 125th and Knight of the 126th: A RESOLUTION authorizing the State Properties Commission to enter into appropriate boundary line dispute agreements pertaining to real property in Butts, Lamar, and Monroe Counties, Georgia, and the TUESDAY, MARCH 11, 2008 1591 conveyance of state property for such purposes; to repeal conflicting laws; and for other purposes. HR 1425. By Representatives Barnard of the 166th, Lord of the 142nd, Buckner of the 130th and Floyd of the 147th: 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 Bartow, Dawson, Elbert, Hart, McDuffie, Jenkins, Wilkes, Fulton, Houston, Muscogee, Towns, and Washington counties, Georgia; 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 652. By Representatives Manning of the 32nd and Reece of the 11th: 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, so as to enact the 'Blind Persons' Braille Literacy Rights and Education Act'; to provide definitions; to require Braille instruction in the individualized education program of a student who is a blind or visually impaired child; to provide requirements for the individualized education program; to provide requirements for textbook publishers; to provide requirements relating to Braille for certain teachers; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 864. By Representative Knox of the 24th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to remove a participation requirement before the extension of group life policy coverage to dependents of employees or members; to provide cash surrender values of annuities are exempt from claims of creditors; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1283. By Representatives Ralston of the 7th, Roberts of the 154th, Shaw of the 176th and Hatfield of the 177th: A BILL to be entitled an Act to provide for legislative findings and 1592 JOURNAL OF THE SENATE purpose; to amend Article 2 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to presumptions and estoppel, so as to provide that occupancy of a railroad right of way is with the permission of the railroad corporation or railroad company, but such presumption may be rebutted; to amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, so as to change provisions relating to the law regarding the alienability of future interests; to change provisions relating to how actual possession of lands is evidenced so as to provide special provisions for railroad corporations or companies; to change provisions relating to constructive possession of lands so as to provide special provisions for railroad corporations or companies; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1348. By Representative Cox of the 102nd: A BILL to be entitled an Act to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to repeal the "Uniform Act for Out-of-State Parolee Supervision," which was replaced by "The Interstate Compact for Adult Offender Supervision" that has become binding in this state; 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 the requisite constitutional majority the following Bills of the House: HB 535. By Representative Butler of the 18th: A BILL to be entitled an Act to amend Title 37 of the O.C.G.A., relating to mental health, so as to create a patient advocacy board and the position of Patient Advocate General to investigate fatalities and allegations of abuse, neglect, or improper treatment occurring in facilities operated by, subjection to certification by, or under contact with the Division of Mental Health, Developmental Disabilities, and Addictive Diseases; to provide for definitions; to provide for appointment of board members, qualifications of board members, terms, vacancies, removal, and immunity; to provide for oath of office and certificate of appointment; to provide for board meetings, procedure, and expenses; to provide for the powers and duties of the Patient Advocate General; to provide for confidentiality of certain information and exceptions; to provide for reporting of certain information; to provide for related matters; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 11, 2008 1593 HB 1235. By Representative Scott of the 153rd: HB 1321. 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 notice of insurance issuance requirements for fleet policies; to provide for the reporting of fleet vehicles to the Georgia Department of Revenue minimum liability insurance data base; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Shaw of the 176th, Sims of the 151st, Johnson of the 75th and Jordan of the 77th: A BILL to be entitled an Act to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, so as to provide that falsifying reports regarding instances of alleged inappropriate behavior by a teacher or other school personnel is addressed in the student code of conduct; to establish a state mandated process for students to follow in reporting instances of alleged inappropriate behavior by a teacher or other school personnel; to provide for notice of such process in student and teacher handbooks; to provide for statements to local media outlets which reported on instances of alleged inappropriate behaviors; to provide for penalties for students who provide false reports of alleged inappropriate behavior by a teacher or other school personnel; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes. The Calendar was resumed. SB 445. By Senators Seabaugh of the 28th, Goggans of the 7th, Williams of the 19th, Reed of the 35th and Powell of the 23rd: A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding administrative procedure, so as to provide that the effectiveness of a challenged agency rule shall be stayed until the General Assembly has the opportunity to take action on such rule at the next legislative session; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Government Oversight Committee offered the following substitute to SB 445: A BILL TO BE ENTITLED AN ACT 1594 JOURNAL OF THE SENATE To amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding administrative procedure, so as to provide an alternate method for a General Assembly objection to administrative rules; to provide that the effectiveness of a challenged agency rule shall be stayed until the General Assembly has the opportunity to take action on such rule at the next legislative session; to provide for related matters; to change certain exemptions from legislative override; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding administrative procedure, is amended by revising subsections (f), (g), and (i) of Code Section 50-13-4, relating to procedural requirements regarding action to contest agency rules, as follows: "(f)(1) In the event a standing committee to which a notice is assigned as provided in subsection (e) of this Code section files an objection to a proposed rule prior to its adoption and the agency adopts the proposed rule over the objection, the rule may be considered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of any agency which adopts a proposed rule over such objection so to notify the presiding officers of the Senate and the House of Representatives, the chairmen of the Senate and House committees to which the rule was referred, and the legislative counsel within ten days after the adoption of the rule. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, to consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of his or her veto, the rule shall remain in effect. In the event of his or her approval, the rule shall be void on the day after the date of his or her approval. (2) In the event each standing committee to which a notice is assigned as provided in subsection (e) of this Code section files an objection to a proposed rule prior to its adoption by a two-thirds vote of the members of the committee who were voting members on the tenth day of the current session, after having given public notice of the time, place, and purpose of such vote at least 48 hours in advance, as well as the opportunity for members of the public including the promulgating agency, to have a reasonable time to comment on the proposed committee action at the hearing, the TUESDAY, MARCH 11, 2008 1595 effectiveness of such rule shall be stayed until the next legislative session at which time the rule may be considered by the General Assembly by the introduction of a resolution in either branch of the General Assembly for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. In the event the resolution is adopted by the branch of the General Assembly in which it was introduced, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, to consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of his or her veto, the rule shall remain in effect. In the event of his or her approval, the rule shall be void on the day after the date of his or her approval. If after the thirtieth legislative day of the legislative session of which the challenged rule was to be considered the General Assembly has not considered an override of the challenged rule pursuant to this subsection, the rule shall then immediately take effect. (g)(1) Subsection (f) of this Code section shall not apply to the Environmental Protection Division of the Department of Natural Resources as to any rule for which, as part of the notice required by paragraph (1) of subsection (a) of this Code section, the director of the division certifies that such rule is required for compliance with federal statutes or regulations or to exercise certain powers delegated by the federal government to the state to implement federal statutes or regulations, but paragraph (2) of this subsection shall apply to the Environmental Protection Division of the Department of Natural Resources as to any rule so certified. As part of such certification, the director shall cite the specific section or sections of federal statutes or regulations which the proposed rule is intended to comply with or implement. General references to the name or title of a federal statute or regulation shall not suffice for the purposes of this paragraph. Any proposed rule or rules that are subject to this paragraph shall be noticed separately from any proposed rule or rules that are not subject to this paragraph. (2) In the event the chairman chairperson of any standing committee to which a proposed rule relative to the Environmental Protection Division of the Department of Natural Resources certified by the director of the division pursuant to paragraph (1) of this subsection is assigned notifies the agency director that the committee objects to the adoption of the rule or has questions concerning the purpose, nature, or necessity of the such rule, it shall be the duty of the agency director to consult with the committee prior to the adoption of the rule." "(i) This Code section shall not apply to any comprehensive state-wide water management plan or revision thereof prepared by the Environmental Protection Division of the Department of Natural Resources and proposed, adopted, amended, or 1596 JOURNAL OF THE SENATE repealed pursuant to Article 8 of Chapter 5 of Title 12; provided, however, that this Code section shall apply to any rules or regulations implementing such a plan." 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, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Adelman Balfour Brown Y Bulloch Butler Y Carter Y Chance Y Chapman Y Cowsert Davenport Y Douglas N Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Moody Mullis Y Murphy Y Orrock Y Pearson Powell N Ramsey Reed Y Rogers Y Schaefer Y Seabaugh Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Tate Thomas,D Y Thomas,R Thompson,C N Thompson,S Y Tolleson Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 36, nays 4. SB 445, having received the requisite constitutional majority, was passed by substitute. Senator Davenport of the 44th was excused for business outside the Senate Chamber. TUESDAY, MARCH 11, 2008 1597 SB 535. By Senators Chance of the 16th, Heath of the 31st, Carter of the 13th and Johnson of the 1st: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to require local school systems to attain and maintain accreditation; to provide for a definition for the term "accreditation"; to provide for the removal of all members of a local board of education of a school system which fails to attain or maintain accreditation; to provide for procedures; to provide for the filling of vacancies; to provide for election of subsequent members; to provide for powers, duties, and authority of the State Board of Education; to provide for applicability of the foregoing with respect to certain local laws and local constitutional amendments; 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 Balfour Brown Y Bulloch Butler Y Carter Y Chance Y Chapman Y Cowsert E Davenport Y Douglas Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell N Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner N Tarver Y Tate Y Thomas,D N Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 43, nays 3. SB 535, having received the requisite constitutional majority, was passed. 1598 JOURNAL OF THE SENATE Senator Hooks of the 14th assumed the Chair. The Calendar was resumed. SR 1030. By Senators Smith of the 52nd, Meyer von Bremen of the 12th, Harp of the 29th, Heath of the 31st, Staton of the 18th and others: A RESOLUTION creating the Joint Electronic Records, Signatures, Filing, and Recording 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 Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert E Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Hooks (PRS) Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 52, nays 0. SR 1030, having received the requisite constitutional majority, was adopted. SB 523. By Senators Moody of the 56th and Hill of the 4th: A BILL to be entitled an Act to amend an Act approved April 9, 2001 (Ga. L. 2001, p. 148), so as to extend the date for automatic repeal of certain TUESDAY, MARCH 11, 2008 1599 provisions of Code Section 20-2-260, relating to advance funding and exceptional growth funding for capital outlay, for one year to June 30, 2010; to extend the date for automatic repeal of Code Section 20-2-262, relating to lowwealth capital outlay grants, for one year to June 30, 2010; 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Hooks (PRS) Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 523, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Kasim Reed District 35 420-D State Capitol Atlanta, GA 30334 Committees: Ethics Judiciary Special Judiciary State and Local Governmental Operations Transportation Urban Affairs 1600 JOURNAL OF THE SENATE The State Senate Atlanta, Georgia 30334 3/11/08 To the Secretary of the Senate: Please register a "yes" vote in favor of SB 523. During the vote my "yes" button did not register my vote. Sincerely, /s/ Kasim Reed 35th The Calendar was resumed. SB 526. By Senators Harp of the 29th, Cowsert of the 46th and Staton of the 18th: 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 "Lottery for Education Act," so as to define certain terms; to provide that under certain conditions lottery winnings may be assigned; to provide for a court order; to provide for findings of fact; to provide for notice and acknowledgment; to provide for liens and bankruptcy; to provide for an exemption from liability; to provide for a fee; to provide for certain restrictions and limitations; 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 Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Cowsert Y Davenport Y Douglas Y Heath Y Henson Y Hill,Jack Y Hill,Judson Hooks (PRS) Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R TUESDAY, MARCH 11, 2008 1601 Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. SB 526, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Bill Cowsert District 46 319-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Higher Education Appropriations Judiciary Reapportionment and Redistricting Special Judiciary The State Senate Atlanta, Georgia 30334 3/11/08 Please record me as a "Yes" vote on SB 526. Vote was not recorded by machine. /s/ Bill Cowsert District 46 The President resumed the Chair. The Calendar was resumed. SB 542. By Senators Heath of the 31st, Johnson of the 1st, Williams of the 19th, Harp of the 29th, Balfour of the 9th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions concerning military, emergency, and veterans affairs, so as to authorize the creation of implementing local redevelopment authorities under certain circumstances; to confer powers and impose duties on such authorities; to provide for the 1602 JOURNAL OF THE SENATE membership and the appointment of members of such authorities 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 liberal construction; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Seabaugh of the 28th asked unanimous consent to move SB 542 below SB 413 on the Rules calendar. There was no objection. SB 305. By Senators Shafer of the 48th, Pearson of the 51st, Heath of the 31st, Thomas of the 54th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to revise a provision relating to the licensing of nongovernmental rescue organizations; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to revise certain provisions relating to liability of persons and entities in emergency situations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Senate Regulated Industries and Utilities Committee offered the following substitute to SB 305: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to revise a provision relating to the licensing of nongovernmental rescue organizations; to provide a short title; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to revise certain provisions relating to liability of persons and entities in emergency situations; 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: TUESDAY, MARCH 11, 2008 1603 SECTION 1. This Act shall be known and may be cited as the "Corporate Good Samaritan Act of 2008." SECTION 2. Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, is amended by revising subsection (a) of Code Section 38-3-36, relating to the director licensing nongovernmental rescue organizations, as follows: "(a) Except as otherwise provided by subsection (b) of this Code section, all nongovernmental rescue organizations, associations, groups, teams, search and rescue dog teams, or individuals, whether or not they are holders of a charter issued by this state or officers thereof, shall be prohibited from performing any rescue or emergency management type activity until the organization, association, group, team, search and rescue dog team, or individual has been licensed by the director of emergency management to perform the activities. It is expressly declared that Articles 1 through 3 of this chapter shall not amend, repeal, alter, or affect in any manner Code Section 511-29 or Code Section 51-1-29.2." SECTION 3. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, is amended by revising Code Section 51-1-29.2, relating to liability of persons acting to prevent, minimize, and repair injury and damage resulting from catastrophic acts of nature, as follows: "51-1-29.2. Any natural person and any association, fraternal organization, private for profit entity, not for profit entity, religious organization, and charitable organization and the officers, directors, employees, and agents of such associations, organizations, and entities, when such groups are working in coordination and under the direction of an appropriate state agency, who voluntarily and without the expectation or receipt of compensation provides services or goods in preparation for, anticipation of, or during a time of emergency and in a place of emergency as declared by the Governor for the benefit of any individual natural person or his or her property, to prevent or minimize harm to such natural person, or to prevent, minimize, and repair injury and damage to such persons property resulting from biological, chemical, or nuclear agents, terrorism, pandemics or epidemics of infectious disease, catastrophic acts of nature, including, but not limited to, fire, flood, earthquake, wind, storm, or wave action, or any other occurrence which warrants the declaration of a state of emergency or disaster by the Governor pursuant to Code Section 38-3-51 or by a federal agency shall not be civilly liable to any individual natural person receiving such assistance as a result of any act or omission in rendering such service if such person the natural person, association, organization, or entity rendering aid was acting in good faith and unless the damage or injury was caused by the willful or wanton negligence or misconduct of such person 1604 JOURNAL OF THE SENATE natural person, association, organization, or entity. Nothing in this Code section shall be construed to amend, repeal, alter, or affect in any manner any other provision of law granting immunity or limiting liability. Furthermore, nothing in this Code section shall be construed to abrogate the states sovereign immunity as to all actions executed by any party under this Code section." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to causes of action arising on or after such date. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. TUESDAY, MARCH 11, 2008 1605 SB 305, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 957. By Representative Stephens of the 164th: 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 extend the sunset or termination date of the exemption for certain qualified nonprofit job training organizations; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1046. By Representatives Mills of the 25th, Stephens of the 164th, Channell of the 116th, Rogers of the 26th, Royal of the 171st and others: A BILL to be entitled an Act to amend Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, so as to provide that watercraft held in inventory for resale shall continue to be exempt from taxation for a limited period of time; to provide for definitions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 1093. By Representatives Willard of the 49th, Mills of the 25th, Coan of the 101st, Fleming of the 117th, O`Neal of the 146th and others: A BILL to be entitled an Act to amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to furnishing of cancellation by grantee or holder upon payment, liability for failure to comply, cancellation of instrument after failure to comply, and liability of agents, so as to change certain provisions relating to the demand for liquidated damages; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1328. By Representatives Peake of the 137th, Channell of the 116th and Lunsford of the 110th: A BILL to be entitled an Act to amend Code Section 33-20A-9.1 of the 1606 JOURNAL OF THE SENATE Official Code of Georgia Annotated, relating to consumer choice options offered by managed care plans, so as to revise a provision relating to consumer choice options under the state employees health insurance plan; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Heath of the 31st Moody of the 56th Senator Thompson of the 33rd asked unanimous consent that Senator Reed of the 35th be excused. The consent was granted, and Senator Reed was excused. The Calendar was resumed. SR 1055. By Senators Mullis of the 53rd, Thomas of the 54th and Tate of the 38th: A RESOLUTION honoring the accomplishments of Joel A. Katz and dedicating a road in his honor; and for other purposes. The Senate Transportation Committee offered the following substitute to SR 1055: A RESOLUTION Dedicating certain portions of the state highway system; and for other purposes. PART I WHEREAS, Joel A. Katz is considered to be a definitive leader in the field of entertainment law; and WHEREAS, more than 30 years ago, he founded Katz, Smith & Cohen, which became one of the nations largest entertainment law firms; and WHEREAS, his earliest clients included James Brown and a then unknown Willie Nelson and the client roster grew to include B.B. King, George Strait, Jimmy Buffet, Sheryl Crow, Sammy Hagar, Kenny Chesney, Alan Jackson, James Taylor, Josh Groban, and Brooks and Dunn; and WHEREAS, in 1998, he merged his firm with the international law firm Greenberg Traurig and took on the position of co-managing shareholder of the Atlanta office; and WHEREAS, Katz also serves as a music industry representative for the State of Georgia TUESDAY, MARCH 11, 2008 1607 Film, Video, and Music Advisory Commission, appointed by Governor Sonny Perdue; and WHEREAS, in 1995, he was inducted into the Georgia Music Hall of Fame as the first and only attorney ever to receive that honor; and WHEREAS, in 2002, he received the "Heroes Award" from the Atlanta chapter of The Recording Academy and Georgia Trend magazine named him as one of the 100 most influential Georgians; and WHEREAS, Katz received his law degree from the University of Tennessee in 1969 and in 1999, the newly constructed law library was named in his honor. PART II WHEREAS, Jere C. Ayers, a lifelong resident of Madison County, died on May 13, 2005, at the age of 91; and WHEREAS, "Mr. Jere," as he was known to all, was a uniquely dedicated and valued citizen of Madison County whose contributions to the public good and civic life of the county are too numerous to list in their entirety; and WHEREAS, among Mr. Jeres accomplishments are his service in the United States Navy during World War II; his lifelong work in journalism, beginning with his employment as a youth at The Comer News, which his parents purchased in 1914 and of which he became owner and publisher in 1945, and his later service as the owner and publisher of Madison County Newspapers, Inc., The Comer News, and the Danielsville Monitor; his dedication to the Meadow Baptist Church where he served over 50 years as a deacon and 23 years as Sunday school director; his over 50 years of service as a Mason, Scottish Rite and York Rite; his 67 years with the Woodsmen of the World; his charter membership in the Madison County Rotary Club; his membership in the American Legion since World War II; his charter membership in the Comer Lions Club which honored him with its 50 Year Award; his service as a member of the Georgia House of Representatives in the 1950s; being the recipient of the 50 Year Medallion from the Georgia Press Association for 50 years of service to the newspaper industry; his service as a board member of the Madison County Library until his retirement; and his critical role in the acquisition of the Watson Mill Bridge State Park land; and WHEREAS, Mr. Jere will be greatly missed by the citizens of Madison County for the vital role that he played in the county and for his stellar example of public service and commitment; and WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community, state, and nation; and 1608 JOURNAL OF THE SENATE WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of his nation earned him the respect and admiration of his colleagues and associates; and WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and it is only fitting and proper that a lasting memorial should be named in his honor. PART III WHEREAS, the American Camellia Society has been in existence for over 60 years and is recognized as the leading camellia organization in the United States; and WHEREAS, the Executive Director, Sandra Byrd, the staff, and the National Board of the American Camellia Society are proud of the contributions of all who have given of their time and support to the facility since its establishment in 1968 through a generous gift of 160 acres by the late Dr. Dave Strother; and WHEREAS, the purposes of this nonprofit corporation, as stated in its articles of incorporation, are to promote interest in the genus Camellia L., scientific research in its culture, standardization of its varietal names, certification of new varieties, dissemination of information concerning the above, creation of a foundation to further these purposes, and promotion of the organization and affiliation of local Camellia Societies in the United States; and WHEREAS, the mission of the American Camellia Society is to be a self-sufficient, national membership society committed to continually building its membership through offering world-class products, leading in camellia research and education, and being supported by efficient and effective organizational systems; and WHEREAS, the American Camellia Society also owns and maintains a self-sufficient, public garden at Massee Lane in Fort Valley, Georgia, serving camellia lovers nationally as well as residents of the region and tourists; and WHEREAS, during its 40 years of existence at Massee Lane Gardens, the society has provided a public garden, which has enriched the lives of countless Georgians and tourists who have visited the grounds in Peach County. PART IV WHEREAS, the states of Louisiana, Mississippi, Alabama, Nevada, and Arizona have already dedicated the portions of US 80 within their borders in honor of the veterans of the Korean War; and TUESDAY, MARCH 11, 2008 1609 WHEREAS, US 80 runs from Columbus to Savannah, spanning the entire state of Georgia; and WHEREAS, hundreds of thousands of men and women served in the Korean War and over 34,000 died and over 100,000 were wounded in combat; and WHEREAS, despite the bitter cold and torturous terrain, these young Americans were the first to stand up against the threat of Communism; and WHEREAS, many citizens of the State of Georgia bravely fought in the Korean War, proudly serving their country as members of the armed forces, with many suffering injury and loss of life and limb as a result of their service; and WHEREAS, Georgia takes great pride in these brave and honorable men and women who demonstrated their love for this country through their service; and WHEREAS, the many Georgia veterans who served in the armed forces of this nation during the Korean War distinguished themselves and contributed substantially to this state in other ways as well; and WHEREAS, this tribute to Georgias Korean War veterans is long overdue and it is only fitting that this state honor them with this lasting memorial. PART V WHEREAS, Justice Clarence Thomas was born June 23, 1948, in Pin Point, Georgia, an enclave of 500 inhabitants south of Savannah on the Moon River. Named after the plantation that once stood on the land, Pin Point was divided up after the Civil War and given to the former slaves. It is easy to miss the tiny community where Clarence Thomas once lived; however, there is a sign at the turnoff noting that he was born there; and WHEREAS, Justice Thomas was the second child and first son of Leola Williams and M. C. Thomas. His father abandoned the family when Thomas was two. After the wooden house they lived in burned down and their mother remarried, Thomas and his brother went to live with their grandfather, Myers Anderson, in Savannah; and WHEREAS, Anderson had a profound influence on Thomass upbringing and character. In a time when African Americans were forced to the backs of buses, banned from restaurants, and denied employment opportunities, Anderson decided the only way to beat racism was to work for himself. As a result, he was able to provide his grandsons with a comfortable home, including things most people take for granted, such as three meals a day and indoor plumbing; and WHEREAS, Anderson admonished his grandsons to work hard in school. After school, 1610 JOURNAL OF THE SENATE Thomas and his brother worked for their grandfather making fuel deliveries. Thomas often recalls how his grandparents had impressed on him that "school, discipline, hard work and 'right-from-wrong' were of the highest priority"; and WHEREAS, Justice Thomas married Virginia Lamp, May 30, 1987, and they had one child, Jamal Adeen; and WHEREAS, after high school, he attended Conception Seminary, 1967-1968; Holy Cross College, A.B. cum laude, Alpha Sigma Nu, Purple Key; and Yale Law School, J.D., 1974; and WHEREAS, he was nominated by President Bush as Associate Justice of the United States Supreme Court and took oath of office October 23, 1991; and WHEREAS, it is only fitting that Justice Clarence Thomas, who rose from humble beginnings through hard work and discipline, be honored for his great achievements. PART VI WHEREAS, PFC Robert Adrian Worthington, 19, of Jackson, Georgia, was assigned to the 4th Battalion, 9th Infantry Regiment, 4th Brigade, 2nd Infantry Division (Stryker Brigade Combat Team), based in Fort Lewis, Washington; and WHEREAS, he died on May 22, 2007, in Taji, Iraq, of wounds sustained when an improvised explosive device detonated near his unit; and WHEREAS, this courageous soldier, in the spirit of the American patriot, confronted the dangers, privations, and discomforts of wartime service with steadfast resolve, making us as a nation truly proud; 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 VII WHEREAS, William Harvey Jewell, Sr., served in the United States Army and was a combat veteran of the Korean War; and WHEREAS, William Harvey Jewell, Sr., was awarded two Bronze Star Medals, the Korean Service Medal, and the Combat Infantrymans Badge for his service in Korea; and WHEREAS, following the Korean war, he returned to this area and served as Chief of Police in Willacoochee and Pearson before his passing in 1992; and TUESDAY, MARCH 11, 2008 1611 WHEREAS, it is fitting and appropriate to honor William Harvey Jewell, Sr., for his service to the United States of America and the State of Georgia by the naming of a lasting memorial in honor and memory of his service. PART VIII WHEREAS, Shellie W. Parrish was born in Berrien County, married Lena Taylor of Berrien County, raised his family in Berrien County, and lived his entire life in Berrien County until his passing on June 20, 1970; and WHEREAS, as a young farmer he employed good business practices and hard work to become one of the largest farmers in Berrien County; and WHEREAS, he was a very successful farmer, but he was humble and charitable; and WHEREAS, although he was encouraged by friends and neighbors, he never sought public office, but he was always a leader and a pillar of his community; and WHEREAS, it is fitting and appropriate to honor Shellie W. Parrish for his exemplary life and service as a husband, father, and citizen of Berrien County with the naming of the SR 37 bridge on the Willacoochee River in his memory. PART IX WHEREAS, Mr. Lucious Murphy Jacobs has been an unselfish citizen of Berrien County with an unwavering commitment to helping others in both Berrien and Atkinson counties; and WHEREAS, Mr. Jacobs has faithfully served the Grand Lodge of Free and Accepted Masons of Georgia for 50 years, having served as Worshipful Master three times in his local lodge and served in each position of leadership in that lodge at least once; and WHEREAS, as a Shriner, he is known throughout his community by the annual orange and grapefruit fund raiser to benefit the Shrine Hospitals; and WHEREAS, he has also served as Fire Chief of the Volunteer Fire Department in his community and participated in numerous community service projects providing leadership and unselfish service to many good causes; and WHEREAS, it is fitting and appropriate to honor Mr. Lucious Murphy Jacobs for his exemplary life and service as an unselfish and caring citizen of Berrien County by the naming of the US 82/SR 520 bridge on the Willacoochee River in his honor. PART X WHEREAS, Virgil T. Barber served in the Third Chemical Battalion assigned to the 1612 JOURNAL OF THE SENATE Third Army, United States Army, from October 17, 1940, until March 26, 1945; and WHEREAS, Virgil T. Barber served as a medical technician and served in the Sicilian campaign, the Italian campaign, and in France and Germany; and WHEREAS, he was wounded on January 9, 1944, with a compound fracture in his right leg; and WHEREAS, Virgil T. Barber was awarded the American Defense Service Medal, the Silver Star, the Purple Heart, the European African Medal, and the Eastern Theatre Medal; and WHEREAS, it is fitting and appropriate to honor Virgil T. Barber for his service to the United States of America, the State of Georgia, and Berrien County with the naming of the SR 125 bridge on the Willacoochee River in honor of his service. PART XI WHEREAS, Hubert F. Comer served in the United States Navy and was assigned to the USS Rich, a destroyer escort during the Normandy invasion in June 1944; and WHEREAS, the USS Rich hit three German mines off the Normandy coast two days after the Normandy invasion; and WHEREAS, Hubert F. Comer was listed among the missing, and his body was never recovered; and WHEREAS, Hubert F. Comer was awarded the American Area Campaign Medal, the European-African-Middle Eastern Area Campaign Medal, and the Purple Heart; and WHEREAS, it is fitting and appropriate to honor Hubert F. Comer for his service and ultimate sacrifice in that service to the United States of America, the State of Georgia, and Berrien County by the naming of the SR 37 bridge on Cat Creek in honor and memory of his service and sacrifice. PART XII WHEREAS, William J. Livsey was born June 8, 1931, at Clarkston, Georgia, where he attended the public schools and there distinguished himself in scholastics and athletics; and WHEREAS, after graduating from Clarkston High School he attended North Georgia College where he further excelled scholastically and athletically, and he completed the Reserve Officer Training Corps curriculum, graduating in June 1952, whereupon he was commissioned a Second Lieutenant in the United States Army; and TUESDAY, MARCH 11, 2008 1613 WHEREAS, shortly thereafter, he served as a platoon leader in the Korean War, earning the Silver Star for gallantry in action; and WHEREAS, he continued to distinguish himself in his military career seeing further combat duty in Viet Nam as Commander of an infantry battalion; rising through every level of command position while serving in the United States and in four subsequent overseas tours, and culminating his career with assignment as Commander in Chief, United Nations Command/Commander in Chief, Combined Forces Command/Commander, United States Forces, Korea/Commanding General, Eighth United States Army; and WHEREAS, his military education included completion of the Armys Command and General Staff College (where he was first in his class), the Armed Forces Staff College, and the Army War College; and WHEREAS, awards and decorations received by him also include the Defense Distinguished Service Medal, the Legion of Merit with three Oak Leaf Clusters, the Distinguished Service Medal with Oak Leaf Cluster, the Distinguished Flying Cross, the Bronze Star Medal with "V" Device, and the Army Commendation Medal with "V" Device (with two Oak Leaf Clusters); and WHEREAS, General Livsey retired in 1987 after attaining the rank of four-star General, one of only four Georgians ever to be so recognized by the United States Army; and WHEREAS, after his retirement General Livsey served the people of our state as a member of the Board of Trustees of North Georgia College and State University, his alma mater; and WHEREAS, throughout his career of service around the world, General Livsey continually maintained his home in our State of Georgia, residing today at his residence in Fayette County with his wife Bena Sue Burns Livsey, originally of East Point; and WHEREAS, General Livsey is credited with being among the first, if not the first, to remind us that "Freedom is not Free"; and WHEREAS, the life of unselfish service of General William J. Livsey has been dedicated to securing and preserving the blessing of freedom to the people of the United States of America, bringing honor and pride to his native State of Georgia. PART XIII WHEREAS, Sergeant Callahan was born on March 17, 1919, in Taylor County, Georgia to William and Jewell Callahan; and 1614 JOURNAL OF THE SENATE WHEREAS, Sergeant Callahan graduated from Butler High School and continued his education at Georgia Southwestern College and the University of Georgia Cotton Classification School; and WHEREAS, he was drafted in 1941, entered the Army, and was assigned to U.S. Army Air Corps, where he was trained as an air traffic controller and stationed at Pacos Army Air Field in Texas; and WHEREAS, as World War II came to a close Sergeant Callahan was shipped to Madison, Wisconsin to be discharged, and as was the custom there, while waiting for their official discharge soldiers were permitted to go into town each day and earn extra income; on one such day Sergeant Callahan took a construction job and while more than 13 floors up, an act of God caused a gust of wind that blew a sheet of plywood into Sergeant Callahan causing him to fall over the edge of the building to his death; and WHEREAS, Sergeant Callahan was in uniform and still a soldier in the Army at the time of his accident, and he is believed to be the only fatal casualty in south Taylor County during World War II. PART XIV WHEREAS, Leonard R. "Nookie" Meadows was born December 8, 1926, in Meriwether County, Georgia; he was the son of James Alvin and Mozelle Wise Meadows; and WHEREAS, he was a lifelong resident of Manchester, Georgia, and retired after a successful career as the president of the Meadows Companies, which included Meadows Motors, Inc., Meadows Ford, Inc., Meadows Insurance Agency, Smith-Steele Meadows Funeral Home, and Meadows Farms; and WHEREAS, for most of his life, Nookie took an active interest in his community and its citizens, relentlessly volunteering his time and energy so that others might experience a better quality of life, and he built a viable business network that provided local employment and stimulated economic growth that benefited the lives of many people throughout the community and state; and WHEREAS, he served as Representative of House District 91 from 1987 until 1992; and WHEREAS, he was a member of the National Automobile Dealers Association, the Georgia State University Foundation Fund, and the Columbus Bank and Trust Advisory Board; a past president of the Manchester Industrial Corporation; a member of the Meriwether County Chamber of Commerce; a past president of the Kiwanis Club, where he held perfect attendance for 43 years; a member of the committee to save the Georgia Warm Springs Foundation, now the RWSIR; chairman and chairman emeritus of the Roosevelt Warm Springs Rehabilitation Fund from 1986 to 1992; a past president of the TUESDAY, MARCH 11, 2008 1615 Roosevelt Warm Springs Development Fund; a past president of the Manchester Jaycees; a member of the Stephens Lodge #586 of the Free and Accepted Masons, the AL Sihah Shrine Temple, the Elks Lodge, the Moose Lodge, the American Legion, and the Pontiac Masters; a recipient of the Chevrolet Supremacy for over 22 years, the Honorary State Trooper award, the Flying Colonel award, the Manchester Chamber of Commerce Community Service Award, and the James T. Evans Rotary Award for Community Service; a member of the Manchester School Board, the Advisory Board of the Bank of Upson, and the Georgia Baptist Meriwether Hospital and Nursing Home Board; and he spearheaded the relocation of Horizon Medical to Manchester; and WHEREAS, it is only fitting and proper to celebrate the life of this Georgian and to recognize his great contributions to this state and to his community by dedicating the Leonard R. "Nookie" Meadows Memorial Highway in his memory. PART XV WHEREAS, Corporal Michael Douglas Young served with the Georgia State Patrol from 1985 until his death in 2006 at the age of 47; and WHEREAS, he succumbed to injuries sustained in an automobile accident on I-95, in Glynn County, Georgia; and WHEREAS, he was responding to a call to assist another officer who was involved in a vehicle pursuit when the tragic accident occurred; and WHEREAS, Corporal Young is survived by his wife, Martha; his daughters, Morgan and Mickey; his granddaughter, Mikale; and his grandson, Maguire; and WHEREAS, it is only proper and fitting to honor Corporal Youngs courageous service to the people of Georgia by dedicating a road in his memory. PART XVI WHEREAS, James Roy "Pop" Lewis will always be remembered by the citizens of Lincoln County for his many contributions to the community and to the world of bluegrass and gospel music; and WHEREAS, he was born in Pickens, South Carolina, on September 22, 1905, and at the age of five years old, he moved to Lincoln County, Georgia; and WHEREAS, on October 25, 1925, at the age of 20, he eloped with the former Pauline Holloway with whom he had eight children; and WHEREAS, through his leadership, The Lewis Family, also known as the "First Family of Bluegrass Gospel," moved from singing on front porches in the late 1940s to 1616 JOURNAL OF THE SENATE performing in such places as the Lincoln Center in New York City; the Grand Ole Opry in Nashville, Tennessee; and the Baird Auditorium at the Smithsonian Institute in Washington, D.C.; and WHEREAS, The Lewis Family holds the record for the longest running gospel music show in America, airing for 38 years from 1954 to 1992 on WJBF in Augusta, Georgia; and WHEREAS, Pop Lewis received numerous awards including his induction into the Georgia Music Hall of Fame in 1992, his induction into the Southern Gospel Music Association Hall of Fame in 2000, the Distinguished Achievement Award from the International Bluegrass Music Association in 2001, and a Lifetime Achievement Award from SGN Scoops Magazine; and WHEREAS, on the sad day of March 24, 2004, at the age of 98, Mr. Lewis departed this life. PART XVII WHEREAS, PFC David G. Bryan was killed in action in Pleiku, Republic of South Vietnam, on June 11, 1966; and WHEREAS, he was a soldier in Company C, Second Battalion of the 28th Infantry; and WHEREAS, he is believed to be the first soldier from Lumpkin County, Georgia, killed in action in Vietnam; and WHEREAS, he was born on January 5, 1946, and was raised along the portion of road now to be dedicated in his honor; and WHEREAS, it is only fitting to honor the memory of this courageous young man who went to war to defend freedom and liberty for all Americans. PART XVIII NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of US 41 from West Paces Ferry Road to Moores Mill Road in Fulton County be dedicated as the Joel A. Katz Parkway. BE IT FURTHER RESOLVED that State Route 98 in Madison County from the traffic light at the intersection with State Route 72 in the City of Comer to the traffic light at the intersection with U. S. Highway 29 in the City of Danielsville is dedicated as the Jere Ayers Parkway. BE IT FURTHER RESOLVED that, in recognition of 40 years of service, the facility TUESDAY, MARCH 11, 2008 1617 known as American Camellia Society Headquarters located in Fort Valley, Georgia, shall serve as the official state resource center for information and education on the horticultural aspects of the genus Camellia and the Department of Transportation is hereby authorized and directed to place and maintain appropriate signs so designating said facility. BE IT FURTHER RESOLVED that the portion of US 80 located within the state of Georgia be dedicated as the Korean War Veterans Memorial Highway, and the Department of Transportation is authorized and directed to place and maintain appropriate markers in Columbus, Macon, and Tybee Island, Georgia, dedicating the Korean War Veterans Memorial Highway. BE IT FURTHER RESOLVED that the members of this body dedicate the interchange at the intersection of Interstates 16 and 95 in Chatham County as the Clarence Thomas Interchange. BE IT FURTHER RESOLVED that the members of this body dedicate the portion of SR 81 between its intersections with US 19/41 and SR 3, in Henry County, as the PFC Robert Adrian Worthington Memorial Highway. BE IT FURTHER RESOLVED that the bridge at the Alapaha River on US 82 on the Berrien-Atkinson County line, is dedicated as the William Harvey Jewell, Sr. Memorial Bridge. BE IT FURTHER RESOLVED that the bridge at the Willacoochee River on SR 37 in Berrien County, Georgia, is dedicated as the Shellie W. Parrish Memorial Bridge. BE IT FURTHER RESOLVED that the bridge at the Willacoochee River on US 82/SR 520 in Berrien County, Georgia, is dedicated as the Lucious Murphy Jacobs Bridge. BE IT FURTHER RESOLVED that the bridge at the Willacoochee River on SR 125 in Berrien County, Georgia, is dedicated as the Virgil T. Barber Bridge. BE IT FURTHER RESOLVED that the bridge at Cat Creek on SR 37 in Berrien County, Georgia, is dedicated as the Hubert F. Comer Memorial Bridge. BE IT FURTHER RESOLVED that the portion of SR 314 North running from its intersection with SR 85 and running northerly to the Fayette County line shall be dedicated as the General Bill Livsey Highway. BE IT FURTHER RESOLVED that the bridge over the CSX Railroad located in Rupert, Taylor County, Georgia, between mile markers North 5.3 and South 5.2 on US 19/SR 3 be dedicated as the SGT. William Morgan Callahan Memorial Bridge. 1618 JOURNAL OF THE SENATE BE IT FURTHER RESOLVED that the portion of SR 85 East between Manchester and Woodbury in Meriwether County, Georgia, be dedicated as the Leonard R. "Nookie" Meadows Memorial Highway. BE IT FURTHER RESOLVED that the portion of I-95, in Glynn County, between exits 29 and 36, including milepost 29, be dedicated as the Corporal Michael Douglas Young Memorial Highway. BE IT FURTHER RESOLVED that the portion of SR 378 in Lincoln County, Georgia, between the city limits of the City of Lincolnton and the Wilkes County boundary, be dedicated as the James Roy "Pop" Lewis Memorial Highway. BE IT FURTHER RESOLVED that the portion of SR 115 starting at its intersection with Emory Stephens Road and extending easterly to the White/Lumpkin County line is dedicated as the PFC David G. Bryan Memorial Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place 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 an appropriate copy of this resolution to the Department of Transportation, to Joel A. Katz, to the Board of Commissioners of Madison County, to the American Camellia Society, to the Korean War veterans organizations within Georgia, to Justice Clarence Thomas, to the family of Robert Adrian Worthington, to the family of William Harvey Jewell, Sr., to the family of Shellie W. Parrish, to Lucious Murphy Jacobs, to Virgil T. Barber, to the family of Hubert F. Comer, to General Bill Livsey, to the family of Sergeant William Morgan Callahan, to the family of Leonard R. "Nookie" Meadows, to the family of Corporal Michael Douglas Young, to the family of James Roy "Pop" Lewis, and to the family of PFC David G. Bryan. Senator Williams of the 19th offered the following amendment #1: Amend the committee substitute to SR 1055 (LC 34 1773S) by inserting between lines 1 and 2 on page 13 the following: WHEREAS, during the summer of 1864, six hundred Federal officers, prisoners of war, were placed in a residential area of Charleston, South Carolina, which was being shelled by Federal guns, night and day, since August of 1863; and WHEREAS, in retaliation for erroneously alleged abuse of these Federal prisoners by Confederate authorities, on August 25, 1864, six hundred Confederate prisoners of war were selected from those confined at Fort Delaware to be used as human targets; and TUESDAY, MARCH 11, 2008 1619 WHEREAS, the six hundred Confederate prisoners were placed in a pine-wood stockade immediately in front of a military target, Battery Wagner, occupied by Federal artillery; and WHEREAS, after 45 days of exposure to Confederate fire, there being no casualties, the Federal authorities decided to move the Confederates to Fort Pulaski in Georgia; and WHEREAS, while at Fort Pulaski, the remnant of the six hundred who had been determined to be physically able to be moved were fed wormy corn meal, pickles, and limited amounts of water. The men were intentionally starved. Clothing and blankets were withheld as well as firewood for warmth. It was one of the coldest winters in Georgia in many years; and WHEREAS, the Confederates were consistently promised "fair" treatment if they would sign the oath of allegiance to the United States. These men had sworn an oath of allegiance to the Confederate States of America, their country, and the war was still being waged. They endured abuse that is hard to imagine; and WHEREAS, upon completion of the War Between the States and the release of what was left of the six hundred by July 24, 1865, their story was being told by survivors and witnesses. They became known as "The Immortal Six Hundred" for their courage, strength, and fidelity to their country in the face of brutal retaliation for an alleged abuse that did not exist; and WHEREAS, in 1876, the Southern Historical Society Papers contained the following statement by Captain George W. Nelson of the Hanover Artillery of Virginia in honor of The Immortal Six Hundred: "The consequence of all this was that the prisoners died like sheep. Whatever the immediate cause of their death, that cause was induced by starvation, and over the dead bodies of nine-tenths of those brave, true men there can be given but one true verdict: 'Death by starvation.'" PART XIX By inserting after line 27 on page 14 the following: BE IT FURTHER RESOLVED that the members of this body memorialize the bravery and loyalty of The Immortal Six Hundred in the face of indescribable deprivation and inhumanity. BE IT FURTHER RESOLVED that the portion of the road at the intersection of US 80 and County Road 228 (Fort Pulaski Road) for one-half mile in each direction on US 80 be dedicated as The Immortal Six Hundred Memorial Highway. 1620 JOURNAL OF THE SENATE On the adoption of the amendment, there were no objections, and the Williams amendment #1 to the committee substitute was adopted. Senator Thompson of the 33rd offered the following amendment #2: Amend the committee substitute to SR 1055 by adding on line 22 of page 2: Celebrating the life of Mason Varner and dedicating a highway in his memory; and for other purposes. WHEREAS, Mason Varner was born on May 8, 1932, in Macland Community. He spent his entire life in Macland, with the exception of four years he spent in the United States Coast Guard. One of his lifelong friends, Clint Carlile, said Mason could not wait to get back to Macland every chance he got while in the service; and WHEREAS, Mason attended McEachern School and graduated in 1949. Six high school friends and Mason joined the Coast Guard in 1952 for a four-year stint; and WHEREAS, Mason met Ann Greenway, a teacher at McEachern School, and they were married on March 4, 1956, and had three children, Melinda, Teri, and John. Ann passed away in 2001; and WHEREAS, after Mason was discharged from service and returned to Macland, he started Varners Ace Hardware store at the intersection of Macland and New MaclandLost Mountain Roads. He and Ann operated the store for approximately 20 years. He was a great businessman; and WHEREAS, Varners store at Macland became a community institution, and all types of local, state, and national political discussions were held there; and WHEREAS, fishing was a passion for Mason and he spent many days and nights on a lake with friends, and some of his favorite memories after retirement were from his cabin on Lake Weiss in Alabama; and WHEREAS, Mason was a lifetime member of McEachern United Methodist Church and supported its many programs. He was also a member of Austell Post #216 of The American Legion; and WHEREAS, Mason passed away on November 13, 2007, surrounded by his children, grandchildren, brother, sister, nieces, nephews, and many friends. It was exactly as he would have wanted it. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF TUESDAY, MARCH 11, 2008 1621 GEORGIA that the members of this body express their sincerest condolences to the family and friends of Mason Varner upon his passing. BE IT FURTHER RESOLVED that a portion of Macland Road, SR 360, from the Paulding County line into Cobb County and ending at John Petree Road be dedicated as the Mason Varner Memorial Highway. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the family of Mason Varner and the Department of Transportation. On the adoption of the amendment, there were no objections, and the Thompson of the 33rd amendment #2 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen E Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 52, nays 0. 1622 JOURNAL OF THE SENATE SR 1055, having received the requisite constitutional majority, was adopted by substitute. Senator Williams of the 19th was excused for business outside the Senate Chamber. SB 519. By Senators Hamrick of the 30th, Orrock of the 36th, Reed of the 35th and Shafer of the 48th: A BILL to be entitled an Act to amend Code Section 44-14-162.2 of the Official Code of Georgia Annotated, relating to sales made under the power of sale, mailing or delivery of notice to debtor, and procedure, so as to change the requirement for sending such notice; to provide for applicability; to provide for repeal; 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 519: A BILL TO BE ENTITLED AN ACT To amend Code Section 44-14-162.2 of the Official Code of Georgia Annotated, relating to sales made under the power of sale, mailing or delivery of notice to debtor, and procedure, so as to change the requirement for sending such notice; 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 44-14-162.2 of the Official Code of Georgia Annotated, relating to sales made under the power of sale, mailing or delivery of notice to debtor, and procedure, is revised as follows: "44-14-162.2. (a) Notice of the initiation of proceedings to exercise a power of sale in a mortgage, security deed, or other lien contract shall be given to the debtor by the secured creditor no later than 15 days before the date of the proposed foreclosure 30 days and no sooner than 60 days prior to the proposed foreclosure. Such notice shall be in writing and shall be sent by registered or certified mail or statutory overnight delivery, return receipt requested, to the property address or to such other address as the debtor may designate by written notice to the secured creditor. The notice required by this Code section shall be deemed given on the official postmark day or day on which it is received for delivery by a commercial delivery firm. (b) The notice required by subsection (a) of this Code section shall be given by mailing TUESDAY, MARCH 11, 2008 1623 or delivering to the debtor a copy of the published legal advertisement or a copy of the notice of sale to be submitted to the publisher." 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, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen E Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles E Williams On the passage of the bill, the yeas were 53, nays 0. SB 519, having received the requisite constitutional majority, was passed by substitute. The following House legislation was read the first time and referred to committee: 1624 JOURNAL OF THE SENATE HB 535. By Representative Butler of the 18th: A BILL to be entitled an Act to amend Title 37 of the O.C.G.A., relating to mental health, so as to create a patient advocacy board and the position of Patient Advocate General to investigate fatalities and allegations of abuse, neglect, or improper treatment occurring in facilities operated by, subjection to certification by, or under contact with the Division of Mental Health, Developmental Disabilities, and Addictive Diseases; to provide for definitions; to provide for appointment of board members, qualifications of board members, terms, vacancies, removal, and immunity; to provide for oath of office and certificate of appointment; to provide for board meetings, procedure, and expenses; to provide for the powers and duties of the Patient Advocate General; to provide for confidentiality of certain information and exceptions; to provide for reporting of certain information; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 652. By Representatives Manning of the 32nd and Reece of the 11th: 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, so as to enact the 'Blind Persons' Braille Literacy Rights and Education Act'; to provide definitions; to require Braille instruction in the individualized education program of a student who is a blind or visually impaired child; to provide requirements for the individualized education program; to provide requirements for textbook publishers; to provide requirements relating to Braille for certain teachers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 864. By Representative Knox of the 24th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to remove a participation requirement before the extension of group life policy coverage to dependents of employees or members; to provide cash surrender values of annuities are exempt from claims of creditors; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. TUESDAY, MARCH 11, 2008 1625 HB 957. By Representative Stephens of the 164th: 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 extend the sunset or termination date of the exemption for certain qualified nonprofit job training organizations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1035. By Representatives Smith of the 129th, Sheldon of the 105th, Floyd of the 147th, Rogers of the 26th, May of the 111th 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 motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; 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 1046. By Representatives Mills of the 25th, Stephens of the 164th, Channell of the 116th, Rogers of the 26th, Royal of the 171st and others: A BILL to be entitled an Act to amend Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, so as to provide that watercraft held in inventory for resale shall continue to be exempt from taxation for a limited period of time; 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 1093. By Representatives Willard of the 49th, Mills of the 25th, Coan of the 101st, Fleming of the 117th, O`Neal of the 146th and others: A BILL to be entitled an Act to amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to furnishing of cancellation by grantee or holder upon payment, liability for failure to comply, cancellation of instrument after failure to comply, and liability of agents, so as to change certain 1626 JOURNAL OF THE SENATE provisions relating to the demand for liquidated damages; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 1235. By Representative Scott of the 153rd: 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 notice of insurance issuance requirements for fleet policies; to provide for the reporting of fleet vehicles to the Georgia Department of Revenue minimum liability insurance data base; 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 1283. By Representatives Ralston of the 7th, Roberts of the 154th, Shaw of the 176th and Hatfield of the 177th: A BILL to be entitled an Act to provide for legislative findings and purpose; to amend Article 2 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to presumptions and estoppel, so as to provide that occupancy of a railroad right of way is with the permission of the railroad corporation or railroad company, but such presumption may be rebutted; to amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, so as to change provisions relating to the law regarding the alienability of future interests; to change provisions relating to how actual possession of lands is evidenced so as to provide special provisions for railroad corporations or companies; to change provisions relating to constructive possession of lands so as to provide special provisions for railroad corporations or companies; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 1321. By Representatives Shaw of the 176th, Sims of the 151st, Johnson of the 75th and Jordan of the 77th: A BILL to be entitled an Act to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, so as to provide that falsifying reports regarding instances of alleged inappropriate behavior by a teacher or TUESDAY, MARCH 11, 2008 1627 other school personnel is addressed in the student code of conduct; to establish a state mandated process for students to follow in reporting instances of alleged inappropriate behavior by a teacher or other school personnel; to provide for notice of such process in student and teacher handbooks; to provide for statements to local media outlets which reported on instances of alleged inappropriate behaviors; to provide for penalties for students who provide false reports of alleged inappropriate behavior by a teacher or other school personnel; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 1328. By Representatives Peake of the 137th, Channell of the 116th and Lunsford of the 110th: A BILL to be entitled an Act to amend Code Section 33-20A-9.1 of the Official Code of Georgia Annotated, relating to consumer choice options offered by managed care plans, so as to revise a provision relating to consumer choice options under the state employees health insurance plan; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 1348. By Representative Cox of the 102nd: A BILL to be entitled an Act to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to repeal the "Uniform Act for Out-of-State Parolee Supervision," which was replaced by "The Interstate Compact for Adult Offender Supervision" that has become binding in this state; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Interstate Cooperation Committee. HB 1382. By Representative Ralston of the 7th: A BILL to be entitled an Act to create the Gilmer County Kids Kottage Commission; to provide for a short title; to provide for the manner of appointment of members; to provide for membership; to provide for definitions; to provide for organization; to provide for powers and duties; to provide for immunity; to provide for charitable and public functions; to provide for treatment under the Internal Revenue Code as a tax exempt organization; to provide for actions; to provide for construction; to provide for related matters; 1628 JOURNAL OF THE SENATE to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1385. By Representatives Burns of the 157th and Carter of the 159th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Effingham County, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, particularly by an Act approved September 15, 2001 (Ga. L. 2001, Ex. Sess., p. 268), so as to change the provisions regarding the qualifications 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. HB 1387. By Representative Roberts of the 154th: A BILL to be entitled an Act to provide for an advisory referendum election to be held in Telfair County for the purpose of ascertaining whether constitutional officers should continue to have term limits; to provide for procedures, requirements, and other matters relative thereto; to make a certain declaration; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1388. By Representative Roberts of the 154th: A BILL to be entitled an Act to provide for an advisory referendum election to be held in Telfair County for the purpose of ascertaining whether the form of government in Telfair County should be changed from a board of commissioners consisting of five members elected from commissioner districts with the chairperson elected by the board members from among their number to a board of commissioners consisting of four members elected from commissioner districts and a fifth member to serve as a chairperson elected by the electors from the county at large; to provide for procedures, requirements, and other matters relative thereto; to make a certain declaration; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. TUESDAY, MARCH 11, 2008 1629 HB 1389. By Representative Maddox of the 172nd: A BILL to be entitled an Act to create the Bainbridge 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 Bainbridge, 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. HR 1310. By Representatives Cole of the 125th and Knight of the 126th: A RESOLUTION authorizing the State Properties Commission to enter into appropriate boundary line dispute agreements pertaining to real property in Butts, Lamar, and Monroe Counties, Georgia, and the conveyance of state property for such purposes; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. HR 1425. By Representatives Barnard of the 166th, Lord of the 142nd, Buckner of the 130th and Floyd of the 147th: 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 Bartow, Dawson, Elbert, Hart, McDuffie, Jenkins, Wilkes, Fulton, Houston, Muscogee, Towns, and Washington counties, Georgia; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. Senator Smith of the 52nd was excused for business outside the Senate Chamber. The Calendar was resumed. 1630 JOURNAL OF THE SENATE SB 461. By Senators Rogers of the 21st and Hill of the 32nd: A BILL to be entitled an Act to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, so as to provide schools with certain guidelines regarding bullying; to require schools to submit to the Department of Education a policy regarding bullying; to direct the Department of Education to develop a model policy regarding bullying; to provide immunity for certain individuals reporting a bullying incident; to provide for rules and regulations; 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 461: A BILL TO BE ENTITLED AN ACT To amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, so as to provide schools with certain guidelines regarding bullying; to require schools to submit to the Department of Education a policy regarding bullying; to direct the Department of Education to develop a model policy regarding bullying; to provide immunity for certain individuals reporting a bullying incident; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, is amended by revising Code Section 20-2-751.4, relating to bullying, as follows: "20-2-751.4. (a) As used in this Code section, the term 'bullying' means: (1) Any willful attempt or threat to inflict injury on another person, when accompanied by an apparent present ability to do so; or (2) Any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm. (b) Each local board of education shall adopt policies, applicable to students in grades six kindergarten through grade 12, that prohibit bullying of a student person by another student person and shall require such prohibition to be included in the student code of conduct for middle and high schools in that school system. Local board of education policies regarding bullying adopted pursuant to this subsection shall, at a minimum, TUESDAY, MARCH 11, 2008 1631 include the following: (1) A statement prohibiting bullying of any person on school property or at school related functions or by use of data or software that is accessed through a computer, computer system, computer network, or other electronic technology of a local school system from kindergarten through grade 12; (2) A requirement that each school develop a school-wide bullying prevention program; (3) A requirement that each school council shall be responsible for coordinating the schools bullying prevention program, including the design, approval, and monitoring of such program; (4) A requirement that any school employee that has reliable information that would lead a reasonable person to suspect that a person is a target of bullying shall immediately report it to the school principal; (5) A requirement that each school have a procedure for the school administration to promptly investigate in a timely manner and determine whether bullying has occurred; (6) An identification of an age appropriate range of consequences for bullying; (7) A procedure for a student and parent or guardian to provide information on bullying activity. However, this paragraph shall not permit formal disciplinary action solely based on an anonymous report; (8) A requirement that a parent or guardian of any target of bullying or person who bullies another shall be notified; (9) A requirement that all bullying incidents shall be reported to the Department of Education within five working days; and (10) A statement prohibiting retaliation following a report of bullying. (c) Local board policies shall require that, upon a finding that a student has committed the offense of bullying for the third time in a school year, such student shall be assigned to an alternative school. Each local board of education shall ensure that students and parents of students are notified of the prohibition against bullying, and the penalties for violating the such prohibition, by posting such information at each middle and high school and by including such information in student and parent handbooks. (d) Each local school system shall adopt policies consistent with subsections (b) and (c) of this Code section and submit a copy of such policies to the Department of Education by August 1, 2009, and such policies shall appear in the student and staff handbook, and if no handbook is available, or it is not practical to reprint new handbooks, a copy of such policies shall be distributed annually to all students, parents or guardians, faculty, and staff. (e) The Department of Education shall develop a model policy, that may change from time to time, that is applicable to students in kindergarten through grade 12 and shall post this policy on its website in order to assist local school systems. (f) A school employee, school volunteer, student, parent, or guardian shall be individually immune from a cause of action for damages arising from reporting or failing to report bullying in good faith to the appropriate person or persons using the 1632 JOURNAL OF THE SENATE procedures specified in the local school systems bullying prevention policy. (g) The Department of Education shall promulgate rules and regulations necessary to implement this Code section. (c)(h) Any school system which is not in compliance with the requirements of this Code section shall be ineligible to receive state funding pursuant to Code Sections 202-161 and 20-2-260." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D E Smith Y Staton Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles E Williams On the passage of the bill, the yeas were 52, nays 0. SB 461, having received the requisite constitutional majority, was passed by substitute. TUESDAY, MARCH 11, 2008 1633 SB 539. By Senators Thomas of the 54th, Carter of the 13th, Unterman of the 45th and Goggans of the 7th: A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, so as to exempt continuing care retirement communities from certificate of need requirements under certain conditions; 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 539: A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, so as to exempt continuing care retirement communities from certificate of need requirements under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, is amended by revising Code Section 31-6-47, relating to exemptions from the certificate of need program, by revising subsection (a) as follows: "(a) Notwithstanding the other provisions of this chapter, this chapter shall not apply to: (1) Infirmaries operated by educational institutions for the sole and exclusive benefit of students, faculty members, officers, or employees thereof; (2) Infirmaries or facilities operated by businesses for the sole and exclusive benefit of officers or employees thereof, provided that such infirmaries or facilities make no provision for overnight stay by persons receiving their services; (3) Institutions operated exclusively by the federal government or by any of its agencies; (4) Offices of private physicians or dentists whether for individual or group practice, except as otherwise provided in subparagraphs (G) and (H) of paragraph (14) of Code Section 31-6-2; (5) Christian Science sanatoriums operated or listed and certified by the First Church of Christ Scientist, Boston, Massachusetts; (6) Site acquisitions for health care facilities or preparation or development costs for such sites prior to the decision to file a certificate of need application; (7) Expenditures related to adequate preparation and development of an application for a certificate of need; 1634 JOURNAL OF THE SENATE (8) The commitment of funds conditioned upon the obtaining of a certificate of need; (9) Expenditures for the acquisition of existing health care facilities by stock or asset purchase, merger, consolidation, or other lawful means unless the facilities are owned or operated by or on behalf of a: (A) Political subdivision of this state; (B) Combination of such political subdivisions; or (C) Hospital authority, as defined in Article 4 of Chapter 7 of this title; (9.1) Expenditures for the restructuring of or for the acquisition by stock or asset purchase, merger, consolidation, or other lawful means of an existing health care facility which is owned or operated by or on behalf of any entity described in subparagraph (A), (B), or (C) of paragraph (9) of this subsection only if such restructuring or acquisition is made by any entity described in subparagraph (A), (B), or (C) of paragraph (9) of this subsection; (10) Expenditures for the minor repair of a health care facility, or parts thereof or services provided or equipment used therein, or replacement of equipment, including, but not limited to, CT scanners; (11) Capital expenditures otherwise covered by this chapter required solely to eliminate or prevent safety hazards as defined by federal, state, or local fire, building, environmental, occupational health, or life safety codes or regulations, to comply with licensing requirements of the Department of Human Resources, or to comply with accreditation standards of the Joint Commission on Accreditation of Hospitals; (12) Cost overruns whose percentage of the cost of a project is equal to or less than the cumulative annual rate of increase in the composite construction index, published by the Bureau of the Census of the Department of Commerce, of the United States government, calculated from the date of approval of the project; (13) Transfers from one health care facility to another such facility of major medical equipment previously approved under or exempted from certificate of need review, except where such transfer results in the institution of a new clinical health service for which a certificate of need is required in the facility acquiring said equipment, provided that such transfers are recorded at net book value of the medical equipment as recorded on the books of the transferring facility; (14) New institutional health services provided by or on behalf of health maintenance organizations or related health care facilities in circumstances defined by the department pursuant to federal law; (15) Increases in the bed capacity of a hospital up to ten beds or 10 percent of capacity, whichever is less, in any consecutive two-year period, in a hospital that has maintained an overall occupancy rate greater than 85 percent for the previous 12 month period; and (16) Capital expenditures for a project otherwise requiring a certificate of need if those expenditures are for a project to remodel, renovate, replace, or any combination thereof, a medical-surgical hospital and: (A) That hospital: (i) Has a bed capacity of not more than 50 beds; TUESDAY, MARCH 11, 2008 1635 (ii) Is located in a county in which no other medical-surgical hospital is located; (iii) Has at any time been designated as a disproportionate share hospital by the Department of Community Health; and (iv) Has at least 45 percent of its patient revenues derived from medicare, Medicaid, or any combination thereof, for the immediately preceding three years; and (B) That project: (i) Does not result in any of the following: (I) The offering of any new clinical health services; (II) Any increase in bed capacity; (III) Any redistribution of existing beds among existing clinical health services; or (IV) Any increase in capacity of existing clinical health services; (ii) Has at least 80 percent of its capital expenditures financed by the proceeds of a special purpose county sales and use tax imposed pursuant to Article 3 of Chapter 8 of Title 48; and (iii) Is located within a three-mile radius of and within the same county as the hospitals existing facility; and (17) Continuing care retirement communities, provided that the skilled nursing component of the facility is for the exclusive use of residents of the continuing care retirement community and that a written exemption is obtained from the department; provided, however, that new sheltered nursing home beds may be used on a limited basis by persons who are not residents of the continuing care retirement community for a period up to five years after the date of issuance of the initial nursing home license, but such beds shall not be eligible for Medicaid reimbursement. For the first year, the continuing care retirement community sheltered nursing facility may utilize not more than 50 percent of its licensed beds for patients who are not residents of the continuing care retirement community. In the second year of operation, the continuing care retirement community shall allow not more than 40 percent of its licensed beds for new patients who are not residents of the continuing care retirement community. In the third year of operation, the continuing care retirement community shall allow not more than 30 percent of its licensed beds for new patients who are not residents of the continuing care retirement community. In the fourth year of operation, the continuing care retirement community shall allow not more than 20 percent of its licensed beds for new patients who are not residents of the continuing care retirement community. In the fifth year of operation, the continuing care retirement community shall allow not more than 10 percent of its licensed beds for new patients who are not residents of the continuing care retirement community. At no time during the first five years shall the continuing care retirement community sheltered nursing facility occupy more than 50 percent of its licensed beds with patients who are not residents under contract with the continuing care retirement community. At the end of the five-year period, the continuing care retirement community sheltered nursing facility shall be utilized exclusively by residents of the 1636 JOURNAL OF THE SENATE continuing care retirement community, and at no time shall a resident of a continuing care retirement community be denied access to the sheltered nursing facility. At no time shall any existing patient be forced to leave the continuing care retirement community to comply with this paragraph. The department is authorized to promulgate rules and regulations regarding the use and definition of 'sheltered nursing facility' in a manner consistent with this Code section. As used in this paragraph, the term 'continuing care retirement community' means an organization, whether operated for profit or not, which owner or operator undertakes to provide shelter, food, and either nursing care or personal services, whether such nursing care or personal services are provided in the facility or in another setting, and other services, as designated by agreement, to an individual not related by consanguinity or affinity to such owner or operator providing such care pursuant to an agreement for a fixed or variable fee, or for any other remuneration of any type, whether fixed or variable, for the period of care, payable in a lump sum or lump sum and monthly maintenance charges or in installments. Agreements to provide continuing care include agreements to provide care for any duration, including agreements that are terminable by either party." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Douglas Y Fort Y Goggans Y Golden Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson TUESDAY, MARCH 11, 2008 1637 Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Unterman Y Weber Y Wiles E Williams On the passage of the bill, the yeas were 52, nays 1. SB 539, having received the requisite constitutional majority, was passed by substitute. Senator Hill of the 32nd was excused for business outside the Senate Chamber. SB 327. By Senators Heath of the 31st, Schaefer of the 50th and Murphy of the 27th: 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 no person shall become or again become a member of such retirement system on or after July 1, 2008; to provide a short title; to provide that such employees shall have accounts in the state deferred compensation plan; to provide for an employer contribution; to provide that such employees shall not be entitled to participate in any other public retirement system; to provide for rules and regulations; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The following Fiscal Note, as required by law, was read by the Secretary: 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 April 2, 2007 The Honorable Bill Heath State Senator State Capitol, Room 109 Atlanta, Georgia 30334 1638 JOURNAL OF THE SENATE SUBJECT: State Auditor's Certification Senate Bill 327 (LC 21 9451) Dear Senator Heath: This bill would amend provisions relating to membership in the Employees' Retirement System. Under the provisions of this bill, all persons who first become an employee on or after July 1, 2008 and all persons who again become an employee on or after July 1, 2008 who do not have a vested right to reinstatement in the Employees' Retirement System would not be eligible to participate in the Employees' Retirement System. Instead, such persons would be required to have an account in the deferred compensation plan offered by the State for public employees. Such persons would be given the option of selecting either the Section 401(k) plan or the Section 457(j) plan. This bill would require the employer for each participant to contribute an amount not to exceed 9 percent of the employee's salary into the employee's account. The employee would have a vested right to the employer contributions immediately upon deposit. This bill specifies that the Board of Trustees for the Employees' Retirement System will administer the provisions of this legislation, and authorizes the Board to establish all necessary rules and regulations. 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 Senate Retirement Committee offered the following substitute to SB 327: A BILL TO BE ENTITLED AN ACT To amend Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to retirement bills in the General Assembly, so as to define a certain term; to provide procedures for bills requiring public retirement systems to divest in certain investments; 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 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to retirement bills in the General Assembly, is amended by revising paragraph (6) of Code TUESDAY, MARCH 11, 2008 1639 Section 47-20-30, relating to definitions, as follows: "(6) 'Retirement bill having a fiscal impact' means any retirement bill creating or establishing a retirement system and any other retirement bill other than a nonfiscal retirement bill. Such term shall include any bill requiring a public retirement system to divest or refrain from investing in specific investments or classes of investments." SECTION 2. Said article is further amended by adding a new subsection to Code Section 47-20-34, relating to the introduction of retirement bills having a fiscal impact and preliminary consideration by committee, to read as follows: "(d) Any bill requiring a public retirement system to divest or refrain from investing in specific investments or classes of investments may only be introduced as provided in subsection (a) of this Code section and, in addition to the certification of the state auditor required by Code Section 47-20-32, such legislation shall be accompanied at the time of introduction by a statement from the Governor, the Lieutenant Governor, or the Speaker of the House of Representatives describing the primary goal the bill is designed to achieve. Such bill shall also have attached at the time of introduction a fiscal analysis from each public retirement system affected stating the cost of compliance with the legislation and the anticipated annual fiscal losses which will be incurred as a result of complying with the legislation." SECTION 3. This Act shall become effective on July 1, 2008, 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, 2008, as required by subsection (a) of Code Section 47-20-50. SECTION 4. 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 1640 JOURNAL OF THE SENATE March 5, 2008 The Honorable Bill Heath, Chairman Senate Retirement Committee State Capitol, Room 109 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to Senate Bill 327 (LC 21 9848S) Dear Chairman Heath: This substitute bill would revise provisions relating to retirement bills in the General Assembly. Specifically, this bill would revise the definition of `retirement bill having a fiscal impact' to include any bill requiring a public retirement system to divest or refrain from investing in specific investments or classes of investments. Under the provisions of this substitute bill, any bill requiring a public retirement system to divest or refrain from investing in specific investments or classes of investments may only be introduced in the first year of the biennial session. At the time such bill is introduced, it must be accompanied by a statement from the Governor, Lieutenant Governor, or the Speaker of the House of Representatives describing the primary goal that the bill is attempting to achieve and must include a fiscal analysis from each affected public retirement system stating the cost of compliance with the legislation and the anticipated annual fiscal losses which will be incurred as a result of complying with the legislation. This is to certify that this substitute bill is a reduction in cost amendment as defined in the Public Retirement Systems Standards Law. A copy of the actuarial investigation and State Auditor's Summary for Senate Bill 327 (LC 21 9848S), as amended, is attached. Respectfully, /s/ Russell W. Hinton State Auditor On the adoption of the substitute, there were no objections, 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: TUESDAY, MARCH 11, 2008 1641 Y Adelman N Balfour N Brown Y Bulloch N Butler Y Carter Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans N Golden Y Grant Hamrick N Harbison Y Harp Y Hawkins Y Heath N Henson N Hill,Jack E Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 30, nays 23. SB 327, having received the requisite constitutional majority, was passed by substitute. Senator Orrock of the 36th moved that the Senate reconsider its action in passing SB 327. 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 Carter N Chance Y Chapman N Cowsert Y Davenport N Douglas Y Fort N Goggans Y Golden N Grant N Heath Y Henson N Hill,Jack E Hill,Judson Y Hooks N Hudgens Jackson Y Johnson Y Jones Y Me V Bremen N Moody N Mullis N Murphy Y Orrock N Pearson N Schaefer N Seabaugh Y Seay Y Shafer,D N Smith N Staton Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman 1642 JOURNAL OF THE SENATE N Hamrick Y Harbison N Harp Y Hawkins Y Powell Y Ramsey Y Reed N Rogers N Weber N Wiles N Williams On the motion, the yeas were 27, nays 27; the motion lost, and SB 327 was not reconsidered. 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 470. By Representatives Parrish of the 156th, Rice of the 51st, Parham of the 141st and Powell of the 29th: A BILL to be entitled an Act to repeal Article 28 of Chapter 1 of Title 10 of the O.C.G.A., relating to motor vehicle warranty rights; to enact a new Article 28 of Chapter 1 of Title 10 to be known as the "Georgia Lemon Law"; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for documents and information to be provided to consumers; to provide for a duty of the manufacturer to repair and correct nonconformities; to provide for replacement or repurchase of nonconforming vehicles; to provide for an informal dispute settlement mechanism; to provide for arbitration; to provide for an appeal of the arbitration decision; to require exhaustion of remedies by the consumer; to provide for a new motor vehicle arbitration panel; to provide for resale of a nonconforming vehicle; to provide for collection of a consumer fee; to provide for new motor vehicle dealer liability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 905. By Representatives Millar of the 79th, Richardson of the 19th, Lindsey of the 54th, Holmes of the 61st, Everson of the 106th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the O.C.G.A., relating to the "Quality Basic Education Act," so as to enact the "Building Resourceful Individuals to Develop Georgias Economy Act" to implement programs to improve graduation rates and to improve the preparedness of students for postsecondary education and careers; to TUESDAY, MARCH 11, 2008 1643 provide for involvement of parents and guardians; to provide for extended day funding; to provide for education and career guidance training in colleges of education; to provide for rules and regulations; to provide for exemptions from certain portions of the high school graduation test and end-of-course assessments; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 964. By Representatives Day of the 163rd, Keen of the 179th, Gardner of the 57th and Carter of the 159th: A BILL to be entitled an Act to amend Code Section 52-7-18 of the Official Code of Georgia Annotated, relating to the rules of the road for boat traffic, so as to revise provisions relating to the operation of certain vessels in Georgia ports and harbors; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1227. By Representatives Lewis of the 15th, Day of the 163rd, Martin of the 47th and Williams of the 4th: A BILL to be entitled an Act to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to provide for utilization of digital based cigarette stamp processes; to provide a short title; to provide for dates and stages of implementation; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Grant of the 25th was excused for business outside the Senate Chamber. Senator Eric Johnson, President Pro Tempore, assumed the Chair. The Calendar was resumed. SB 328. By Senators Heath of the 31st, Schaefer of the 50th and Murphy of the 27th: 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 a short title; to provide that persons who first or again become a member of such retirement system on or after July 1, 2008, shall have accounts in the state deferred compensation plan; to provide for an employer contribution; to provide for rules and regulations; to reduce the percent of a members compensation used to calculate a retirement benefit from 2 percent to 1 percent; to provide for applicability; to provide conditions 1644 JOURNAL OF THE SENATE for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The following Fiscal Note, as required by law, was read by the Secretary: 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 April 2, 2007 The Honorable Bill Heath State Senator State Capitol, Room 109 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Senate Bill 328 (LC 21 9447) Dear Senator Heath: This bill would amend provisions relating to membership and the service retirement allowance under the Employees' Retirement System. Specifically, this bill would provide for employer contributions to be made into a deferred compensation plan for certain members. Such members would then receive a retirement allowance through the Employees' Retirement System at a reduced rate. The provisions of this bill would apply to persons who first become members on or after July 1, 2008, and to persons who again become members on or after such date if the member did not have a vested right to be reinstated in the Employees' Retirement System. Under the provisions of this bill, all persons affected by this legislation would be required to have an account in the deferred compensation plan offered by the State for public employees. Each employee would be given the option of selecting either the Section 401(k) plan or the Section 457(j) plan. This bill would require the employer for each participant to contribute an amount not greater than 9 percent of the employee's salary into the employee's account. Each employee would have a vested right to the employer contributions immediately upon deposit. This bill specifies that the Board of Trustees for TUESDAY, MARCH 11, 2008 1645 the Employees' Retirement System will administer the provisions of this legislation, and authorizes the Board to establish all necessary rules and regulations. This bill would also amend provisions relating to the service retirement allowance provided to persons affected by this bill. If this legislation is enacted, such members would receive retirement benefits equal to 1 percent of their highest average monthly compensation during a period of 24 consecutive calendar months multiplied by the member's years of creditable service. Benefits paid to persons who are already members on June 30, 2008 would continue to be calculated based on 2 percent of their compensation. 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 Senate Retirement Committee offered the following substitute to SB 328: 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 for retirement provisions applicable to persons who first or again become members on or after January 1, 2009; to provide a short title; to provide for a service retirement allowance; to provide for employee and employer contributions; to provide for an option of coverage for current members; to provide for a calculation of benefits; to provide for the applicability of certain provisions; to provide that only membership service shall constitute creditable service except in certain circumstances; to provide for the calculation of disability and death benefits; to provide for the examination and reexamination of disability beneficiaries; to create a defined contribution plan available to such members; to define certain terms; to provide for employer and employee contributions; to provide for vesting; to provide for forfeiture; to provide for administration; 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 1646 JOURNAL OF THE SENATE Employees Retirement System of Georgia, is amended by adding a new article to read as follows: "ARTICLE 10 47-2-350. This article shall be known and may be cited as the 'Georgia State Employees Pension and Savings Plan.' 47-2-351. (a) Except where indicated clearly to the contrary by the context, the word 'member' as used in this article shall mean any employee who first or again becomes a member of the Employees Retirement System of Georgia on or after January 1, 2009. From and after January 1, 2009, every person first or again becoming an employee entitled to a new membership in the Employees Retirement System of Georgia shall become a member subject to this article. Any provision of this chapter providing that a class of employees shall be subject to Code Section 47-2-334 shall be deemed to have been amended by this subsection. (b) Membership under this article shall be optional for any persons who are within the membership of the Employees Retirement System of Georgia on December 31, 2008. Any such persons may elect in writing on a form to be provided by the board of trustees to become a member subject to this article at any time on or after January 1, 2009. This written election shall become effective upon the approval of the application by the board of trustees as provided in rules and regulations promulgated by the board of trustees and shall be final and cannot be later changed or rescinded. Upon such election, a member shall be subject to all the provisions, terms, and conditions of this article; provided, however, that the calculation to determine retirement allowances for any person exercising such option shall be made as follows: (1) The retirement allowance shall be computed fully as if all creditable service of the member were acquired and calculated under the provisions of this article; (2) Then the retirement allowance shall also be computed fully as if all creditable service of the member were acquired and calculated under the provisions of this chapter contained other than in this article and the rules and regulations of the board of trustees; (3) Then a benefit amount shall be determined based upon a fractional part of each retirement allowance computed in paragraphs (1) and (2) of this subsection, which fractional part shall be computed by using the actual years of creditable service established under either this article, for paragraph (1) of this subsection, or the provisions of this chapter contained other than in this article, for paragraph (2) of this subsection, which number of years shall be the numerator of the fraction, over the total actual years of creditable service established under both this article and the provisions of this chapter contained other than in this article, which number shall be the denominator of the fraction; (4) The two benefit amounts so determined shall then be added together to produce TUESDAY, MARCH 11, 2008 1647 the actual retirement allowance; and (5) Projected years of service shall not be used in the computation of the retirement allowances under this subsection. 47-2-352. (a) Every member subject to this article shall contribute employee membership contributions in an amount equal to 1 1/4 percent of earnable compensation, which shall be deducted by each employer from the earnable compensation of each member for each and every payroll period and paid monthly to the board of trustees. Such amount shall be credited to the individual accounts of the members in the annuity savings fund. (b) From and after January 1, 2009, each employer shall pay monthly to the board of trustees, on behalf of each member subject to this article, the aggregate of employer and employee contributions required by this chapter. With respect to members subject to this article, no employer contributions shall be considered as accumulated contributions of the member and none shall be eligible for withdrawal by the member upon cessation of state service. Such amount shall be credited to the pension accumulation fund. 47-2-353. Every member subject to this article shall, upon becoming eligible under the provisions of this chapter, be entitled to a service retirement allowance, which shall consist of: (1) An annuity which shall be the actuarial equivalent of the members accumulated contributions at the time of retirement; and (2) A monthly pension which, together with the annuity, shall provide a total retirement allowance equal to 1 percent of the members highest average monthly earnable compensation during a period of 24 consecutive calendar months while a member of the retirement system, multiplied by the number of the members years of creditable service. 47-2-354. (a) Members subject to this article shall be subject to the following conditions: (1) The following provisions shall not be applicable to members subject to this article: (A) Subsection (d) of Code Section 47-2-120; (B) Paragraph (1) of subsection (c) of Code Section 47-2-123; (C) Code Section 47-2-124; and (D) Code Section 47-2-334; (2) Except as provided in Chapter 1 of this title and in Code Sections 47-2-99 and 472-100, no service shall constitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions is made pursuant to Code Section 47-2-352. The provisions of this paragraph shall not affect the transfer of creditable service between public retirement systems created by this title under such conditions as are now or may hereafter be provided by law; (3) The provisions of Code Section 47-2-91 shall be applicable to members subject to 1648 JOURNAL OF THE SENATE this article; provided, however, that such benefits shall be subject to reduction or repeal by subsequent legislation and shall not be considered an element of any contract of employment; (4) Disability benefits shall be calculated as provided in paragraph (2) of subsection (c) of Code Section 47-2-123; provided, however, that the disability benefits of persons entitled to the provisions of Code Section 47-2-221 shall be calculated as provided in such Code section but with the benefit computed on 1 percent of the members monthly earnable compensation; (5) Members subject to the provisions of this article shall not be entitled to group term life insurance coverage pursuant to Code Section 47-2-128 or 47-2-129; and (6) Members subject to Code Section 47-2-244 shall be entitled to the provisions of such Code section. (b) All members subject to this article shall have and be subject to all other rights, privileges, obligations, and duties specified by other provisions of this chapter, and all such other provisions shall be of full force and effect with respect to any matter not specifically provided for in this article. 47-2-355. (a)(1) Subject to the provisions of paragraphs (2) through (5) of this subsection, any member in service who has at least 15 years of creditable service who become disabled in service before becoming eligible to receive a service retirement allowance 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 TUESDAY, MARCH 11, 2008 1649 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 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. (b) Any member who has at least 15 years of creditable service and who becomes disabled in service before becoming eligible to receive a service retirement allowance shall be eligible to retire forthwith without regard to age and to receive the equivalent of a service retirement allowance calculated upon the number of years of creditable service attained to the date of retirement and based upon his or her highest average monthly compensation during a period of 24 consecutive calendar months while a 1650 JOURNAL OF THE SENATE member of the retirement system. No member who is eligible to receive a service retirement benefit shall be eligible to apply for or receive a disability benefit. (c)(1) Once each year during the first five years following the retirement of a member on a disability retirement allowance and once in every three-year period thereafter, the board of trustees may require a disability beneficiary who has not yet attained retirement age as specified in subsection (a) of Code Section 47-2-110 to undergo a medical examination, such examination to be made at a place designated by the board, by physicians designated by the medical board. The disability beneficiary may request such an examination. Should any disability beneficiary who has not yet attained retirement age refuse to submit to such medical examination, the pension of such disability beneficiary may be discontinued by the board of trustees until the withdrawal of such refusal; and should the refusal continue for one year, all rights of the disability beneficiary in and to a pension may be revoked by the board of trustees. Should the medical board report and certify to the board of trustees that a disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between the disability beneficiarys retirement allowance and the earnable compensation used to calculate the disability retirement allowance at the time of retirement, the board of trustees may reduce the disability beneficiarys pension to an amount which, together with the disability beneficiarys annuity and the amount earnable by the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement. Should the disability beneficiarys earning capacity be later changed, the amount of the pension may be further modified, provided that the modified pension shall not exceed an amount which, together with the disability beneficiarys annuity and the amount earnable by the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement. (2) The board of trustees may require a disability beneficiary who has not yet attained retirement age as specified in subsection (a) of Code Section 47-2-110 to provide information relevant to any provision of this chapter relating to his or her entitlement to receive a disability retirement. Should any disability beneficiary who has not yet attained retirement age refuse to submit any such information so requested, the board of trustees may suspend the retirement allowance of such disability beneficiary until such information is provided. Should the board of trustees receive information from any source that a disability beneficiary is engaged in an occupation paying more than the difference between the disability beneficiarys retirement allowance and the earnable compensation used to calculate the disability retirement allowance at the time of retirement, the board of trustees may reduce the disability beneficiarys pension to an amount which, together with the disability beneficiarys annuity and the amount earnable by the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement. Should the disability beneficiarys earnings later be changed, the amount of the pension may be further modified, provided that the modified pension shall not exceed an amount which, together with the disability beneficiarys annuity and the amount earnable by TUESDAY, MARCH 11, 2008 1651 the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement. 47-2-356. (a) Any member who has at least 15 years of creditable service and who dies in service before becoming eligible for a service retirement shall be eligible to retire forthwith without regard to age and to receive the equivalent of a service retirement allowance calculated upon the number of years of creditable service attained to the date of retirement and based upon his or her highest average monthly compensation during a period of 24 consecutive calendar months while a member of the retirement system. Any member who dies in service after becoming eligible for a service retirement shall be eligible to retire forthwith to receive a service retirement allowance. (b) In the application of this subsection to death allowances, computations of retirement allowances shall be made on the same basis as though option two had been in effect. In lieu of the amount of death allowance otherwise payable to the beneficiary under option two, the member, upon written request, may at any time elect a reduced level death allowance of equivalent actuarial value, which allowance is payable to the beneficiary during a period of years certain or to the estate of the beneficiary and during the lifetime of such named beneficiary thereafter. At the election of the member, in case of death of the beneficiary during a term of years certain, the balance of the years certain payments may be paid to the estate of the member; but if such beneficiary predeceases the member, the total amount of the members contributions to the date of his or her death shall be payable to the members estate. The method of determining the equivalent actuarial value shall be consistent with the actuarial method of determining the beneficiarys death allowance under option two. 47-2-357. (a) As used in this Code section, the term: (1) '401(k)' means the deferred compensation plan offered by the state for public employees pursuant to Article 3 of Chapter 18 of Title 45 utilizing Section 401(k) of the federal Internal Revenue Code. (2) 'Plan' means the employee savings plan created by this article. (b) Except as provided in paragraph (1) of this subsection, participation in the plan shall be voluntary and shall be available only to members subject to this article. Members who elect to participate in the plan shall be entitled to an employer contribution as follows: (1) For each pay period, the employer shall contribute to the members 401(k) account an amount equal to the amount the member contributes, up to 1 percent of the members gross salary. Such member contribution shall be mandatory unless prohibited by federal law; (2) After the 1 percent level provided for in paragraph (1) of this subsection has been met, the employer shall contribute an amount equal to 50 percent of such amount as the member contributes, up to an additional 2 percent of the members gross salary; 1652 JOURNAL OF THE SENATE and (3) The member may make such additional contributions as he or she wishes, subject to limitations imposed by federal law. (4) The board of trustees shall apportion the costs of administering the plan among the employers and members on the basis of the normal costs of administration against any special services requested by any member. (c) All contributions by participating members are 100 percent vested and shall be maintained in an account and invested based on the participants investment allocation choices. All employer contributed amounts credited to a members account shall be maintained as a matching contribution subaccount and invested based on the participants investment allocation choices. Any and all amounts credited to a members matching contribution subaccount, including applicable earnings and investment appreciation or depreciation, shall become vested and nonforfeitable based on the number of employment service years completed and in accordance with the vesting schedule set forth below: Years of Service Employer Nonforfeitable Vested Percentage 1 20 2 40 3 60 4 80 5 100 Upon separation from service for greater than 31 days, the portion of such matching contribution subaccount not so vested shall be transferred from the members account into a temporary plan forfeiture accumulation account for future disposition as determined by the board of trustees. A break in service less than 32 days shall not affect vesting rights. (d) Members electing to be governed by the provisions of this article pursuant to subsection (b) of Code Section 47-2-351 shall use their date of election as the beginning date for purposes of calculating their vesting service for the employer contribution as provided in subsection (c) of this Code section used to calculate the vesting requirements of subsection (c) of this Code section, except that service as provided under Code Section 47-2-91 shall not constitute creditable service for this purpose. 47-2-358. This article shall not be construed and is not intended to have any effect whatsoever on persons within the membership of the Employees Retirement System of Georgia on December 31, 2008, who do not elect in writing to become members subject to this article. TUESDAY, MARCH 11, 2008 1653 47-2-359. The provisions of this article shall control over conflicting or inconsistent provisions of this chapter or any other law of this state. It is the intention of the General Assembly that this article has not been and may not be repealed, superseded, or modified by implication through the enactment of any other law or through the amendment of any other provision of this chapter or any other existing law, and any modification or repeal of any provision of this article may be accomplished only by reference or amendment to or repeal of this specific article. 47-2-360. The board of trustees shall have the responsibility of administering the provisions of this article and shall promulgate such rules and regulations as are necessary to carry out the provisions of this article." SECTION 2. This Act shall become effective on July 1, 2008, 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, 2008, 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 5, 2008 The Honorable Bill Heath, Chairman Senate Retirement Committee State Capitol, Room 109 Atlanta, Georgia 30334 1654 Dear Senator Heath: JOURNAL OF THE SENATE SUBJECT: State Auditor's Certification Substitute to Senate Bill 328 (LC 21 9867S) This bill would amend provisions relating to membership and the service retirement allowance under the Employees' Retirement System by creating the "Georgia State Employees' Pension and Savings Plan." Specifically, this bill would apply to persons who first or again become members of the Employees' Retirement System on or after January 1, 2009. Under the provisions of this legislation, such members would receive retirement benefits equal to 1 percent of their highest average monthly compensation during a period of 24 consecutive calendar months multiplied by the member's years of creditable service. Benefits paid to persons who are already members on December 31, 2008 would continue to be calculated based on 2 percent of their compensation. This substitute bill also provides for an additional benefit through optional participation in a deferred compensation plan offered by the State for public employees. Members covered by this proposed plan could also receive up to 3% contribution from the State, provided the employee contributes 5% of his or her compensation into the plan. Members would be authorized to make contributions greater than 5%. Members who participate in this plan would be vested at a rate of 20% per year, and be fully vested after five years of service. This substitute bill also includes provisions to allow existing members to elect participation in this proposed plan. Members who make this election would have their retirement benefits computed on a prorated basis. Furthermore, this substitute bill includes provisions relating to disability benefits for persons covered under the "Georgia State Employees' Pension and Savings Fund" and specifies that members covered by this proposed plan would not be entitled to group term life insurance coverage under the Employees' Retirement System. This is to certify that this substitute bill is a reduction in cost amendment as defined in the Public Retirement Systems Standards Law. A copy of the actuarial investigation and State Auditor's Summary for Senate Bill 328 (LC 21 9867S) is attached. Respectfully, /s/ Russell W. Hinton State Auditor TUESDAY, MARCH 11, 2008 1655 Senators Seabaugh of the 28th, Hill of the 4th, Reed of the 35th and Shafer of the 48th offered the following amendment #1: Amend the Senate Retirement Committee substitute to SB 328 (LC 21 9867S) by inserting on line 12 of page 1 following "administration;" the following: to amend Code Section 47-19-10 of the Official Code of Georgia Annotated, relating to directors of the State Employees Assurance Department, establishment of retired and vested inactive members trust fund, establishment of active members fund, management of assets, and contributions irrevocable, so as to provide that such funds may not be expended for any purpose other than the provision of survivors benefit coverage; By redesignating Sections 2 and 3 as Sections 3 and 4, respectively, and by inserting following line 33 of page 9 the following: SECTION 2. Code Section 47-19-10 of the Official Code of Georgia Annotated, relating to directors of the State Employees Assurance Department, establishment of retired and vested inactive members trust fund, establishment of active members fund, management of assets, and contributions irrevocable, is amended by adding a new subsection to read as follows: "(f) No moneys in either the retired and vested inactive members trust fund or the active members fund established by subsection (b) of this Code section shall transferred or be expended for any purpose other than the payment of benefits and expenses necessary for the maintaining of survivors benefit coverage prior to July 1, 2009, without express legislative enactment." 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 11, 2008 The Honorable Mitch Seabaugh State Senator State Capitol, Room 421-D Atlanta, Georgia 30334 1656 JOURNAL OF THE SENATE SUBJECT: State Auditor's Certification Amendment to SB 328 (LC 21 9867S) As Amended (AM 21 3579) Dear Senator Seabaugh: As amended, this bill would create the "Georgia State Employees' Pension and Savings Plan" and would affect persons who first or again become members of the Employees' Retirement System on or after January 1, 2009. Under the provisions of this legislation, such members would receive retirement benefits equal to 1 percent of their highest average monthly compensation during a period of 24 consecutive calendar months multiplied by the member's years of creditable service. Benefits paid to persons who are already members on December 31, 2008 would continue to be calculated based on 2 percent of their compensation. This bill also provides for an additional benefit through optional participation in a deferred compensation plan offered by the State for public employees. Members covered by this proposed plan could also receive up to 3% contribution from the State, provided the employee contributes 5% of his or her compensation into the plan. Members would be authorized to make contributions greater than 5%. Members who participate in this plan would be vested at a rate of 20% per year, and be fully vested after five years of service. This bill also includes provisions to allow existing members to elect participation in this proposed plan. Members who make this election would have their retirement benefits computed on a prorated basis. Furthermore, this substitute bill includes provisions relating to disability benefits for persons covered under the "Georgia State Employees' Pension and Savings Fund" and specifies that members covered by this proposed plan would not be entitled to group term life insurance coverage under the Employees' Retirement System. The proposed amendment (AM 21 3579) would revise provisions relating to the State Employees' Assurance Department. Specifically, this amendment would specify that no moneys in either the retired and vested inactive members trust fund or the active members fund which include assets relating to group term life insurance shall be transferred or be expended for any purpose other than the prepayment of benefits and expenses necessary for maintaining survivors benefit coverage prior to July 1, 2009, without express legislative enactment. This is to certify that this amendment is a nonfiscal amendment as defined in the Public Retirement Systems Standards Law. Therefore, the actuarial investigation and State Auditor's Summary for Senate Bill 328 (LC 21 9867S) would apply to this amendment TUESDAY, MARCH 11, 2008 1657 (AM 21 3579). A copy of the actuarial investigation and State Auditor's Summary for Senate Bill 328 (LC 21 9867S) is attached. Respectfully, /s/ Russell W. Hinton State Auditor On the adoption of the Seabaugh et al. amendment #1 to the committee substitute the President asked for unanimous consent. Senator Heath of the 31st objected. On the adoption of the amendment, the yeas were 26, nays 11, and the Seabaugh et al. amendment #1 to the committee substitute was adopted. Senator Heath of the 31st offered the following amendment #2: Amend the Senate Retirement Committee substitute to SB 328 (LC 21 9867S) on page 4 by striking "and" at the end of line 11, by replacing the period with "; and" at the end of line 13, and by inserting immediately following line 13 the following: (7) Members subject to the provisions of Code Section 47-2-223 or 47-2-224 shall be entitled to retire as provided in subsection (b) of each such Code section but shall receive a monthly benefit based on 1 percent of his or her highest average compensation rather than the percentage stated in such subsections. By striking lines 14 through 23 of page 8 and inserting in lieu thereof the following: (b) Each member shall, at the time of becoming a member, be automatically enrolled in the plan; provided, however, that the member shall have a period of 90 days from the date of enrollment to withdraw from the plan. Such withdrawal shall be made in writing to the board of trustees in such form as the board prescribes and any employee account balance shall be returned to the member. Thereafter, participation in the plan shall be voluntary. The member may not withdraw from the plan so long as he or she remains eligible to participate in the 401(k) plan offered by the state. Members shall be entitled to an employer contribution as follows: (1) For each pay period, each member shall contribute 1 percent of his or her compensation into his or her 401(k) account and the employer shall contribute an equal amount into his or her 401(k) account; (2) After the 1 percent level provided for in paragraph (1) of this subsection has been met, the employer shall contribute an amount equal to 50 percent of such amount as the member chooses to contribute, up to an additional 2 percent of the members compensation; and 1658 JOURNAL OF THE SENATE 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 10, 2008 The Honorable Bill Heath, Chairman Senate Retirement Committee State Capitol, Room 109 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Amendment to SB 328 (LC 21 9867S) As Amended (AM 21 3575) Dear Chairman Heath: As amended, this bill would create the "Georgia State Employees' Pension and Savings Plan" under the Employees' Retirement System of Georgia. Specifically, this bill would apply to persons who first or again become members of the Employees' Retirement System on or after January 1, 2009. Under the provisions of the legislation, such members would receive retirement benefits equal to 1 percent of their highest average monthly compensation during a period of 24 consecutive calendar months multiplied by the member's years of creditable service. This amendment clarifies that law enforcement personnel covered under O.C.G.A. 47-2-223 and O.C.G.A. 47-2-224, who are hired on or after January 1, 2009, would continue to be eligible to retire in accordance with such provisions. However, such members would receive benefits based on 1 percent of their highest average monthly compensation. As amended, this bill also provides for an additional benefit through optional participation in a deferred compensation plan offered by the State for public employees. The amendment specifies that all members would automatically be enrolled in the plan, but would have 90 days from the date of enrollment to withdraw from the plan. Members who withdraw from the plan during the first 90 days would be paid for any balance in the account. This amended bill also specifies that participation in the plan is voluntary. TUESDAY, MARCH 11, 2008 1659 However, once the member has been enrolled beyond 90 days, the member may not terminate his or her membership in the plan and may not withdraw the contributions and earnings in the account. This amended bill also outlines the contributions that may be made by the employee and the level of matching funds provided by the employer. This is to certify that this amendment (AM 21 3575) is a nonfiscal amendment as defined in the Public Retirement Systems Standards Law. Therefore, the actuarial investigation and State Auditor's Summary for Senate Bill 328 (LC 21 9867S) would apply to this amendment (AM 21 3575). A copy of the actuarial investigation and State Auditor's Summary for Senate Bill 328 (LC 21 9867S) is attached. Respectfully, /s/ Russell W. Hinton State Auditor On the adoption of the amendment, there were no objections, and the Heath amendment #2 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown Y Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans Y Golden E Grant Y Hamrick Y Heath Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Jackson Johnson (PRS) N Jones Y Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Schaefer Y Seabaugh N Seay Y Shafer,D N Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas,D N Thomas,R Y Thompson,C N Thompson,S Y Tolleson Y Unterman Weber 1660 JOURNAL OF THE SENATE N Harbison Y Harp Y Hawkins N Ramsey N Reed Y Rogers Y Wiles Y Williams On the passage of the bill, the yeas were 37, nays 15. SB 328, having received the requisite constitutional majority, was passed by substitute. SB 460. By Senators Heath of the 31st, Stoner of the 6th, Tate of the 38th, Schaefer of the 50th and Smith of the 52nd: 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 provide that no creditable service shall be granted for months in which dues payments are in arrears; to provide that a certain percentage of fines and forfeitures shall be due on the first day of each month; to provide a penalty for late payment; to provide that a certain amount collected in certain civil actions and for the recording of certain real estate instruments shall be due on the first day of the month; to provide conditions under which such benefit may be granted; 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 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 February 11, 2008 The Honorable Bill Heath State Senator State Capitol, Room 109 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Senate Bill 460(LC 21 9637) TUESDAY, MARCH 11, 2008 1661 Dear Senator Heath: This bill would amend several provisions relating to the collection of membership dues and fines and fees relating to the Superior Court Clerks' Retirement Fund. If this legislation is enacted, members would be assessed a late charge if membership dues remain unpaid 60 days from the date such payment is due. Additionally, members would not receive creditable service for any month in which dues are in arrears on the last day of the calendar year in which such payments were due. This bill would also specify that the authority responsible for collecting payments due to the Superior Court Clerks' Retirement Fund must remit payments to the Fund on a monthly basis, or at such other times as the Board may provide. Such payments will be due on the first day of the month, but shall be considered timely if received by the fifteenth day of the month following the month in which the payments were collected. These payments would be considered delinquent if they are not remitted to the Fund within 60 days of the date on which such remittal is due, and penalties would be imposed. Finally, this bill would authorize the Board to establish a rule or regulation authorizing certain surviving spouses to receive benefits in the event the member dies prior to retirement, provided the member satisfied all requirements for retirement except for attaining 55 years of age. If such rule or regulation is established, the surviving spouse would receive a monthly sum during his or her lifetime that is not greater than 50 percent of the amount such member would have received had he or she retired at 55 years of age. The actual percent will be set by the Board of Trustees. This is to certify that this is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Russell W. Hinton State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith 1662 JOURNAL OF THE SENATE Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the passage of the bill, the yeas were 53, nays 0. SB 460, having received the requisite constitutional majority, was passed. Senator Williams of the 19th assumed the Chair. The Calendar was resumed. SB 413. By Senators Johnson of the 1st, Shafer of the 48th, Tolleson of the 20th, Henson of the 41st and Stoner of the 6th: 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 substantially and comprehensively revise provisions relating to the licensure and regulation of boxing, wrestling, and martial arts; to provide for the prohibition of certain unarmed combat; to provide for civil regulation and criminal penalties; to provide for the state regulatory body and its officers, agents, and operations; to provide for certain taxes and reporting; to revise provisions relative to ticket brokers and the resale of certain tickets; to provide for other matters related to the foregoing; to repeal conflicting laws; and for other purposes. The Senate Regulated Industries and Utilities Committee offered the following substitute to SB 413: A BILL TO BE ENTITLED AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and TUESDAY, MARCH 11, 2008 1663 businesses, so as to substantially and comprehensively revise provisions relating to the licensure and regulation of boxing, wrestling, and martial arts; to provide for the prohibition of certain unarmed combat; to provide for civil regulation and criminal penalties; to provide for the state regulatory body and its officers, agents, and operations; to provide for certain taxes and reporting; to provide for other matters related to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in Chapter 4B, relating to the Georgia Athletic and Entertainment Commission, by leaving Article 3 unchanged as it currently exists and by revising Articles 1 and 2 and adding a new Article 2A as follows: "ARTICLE 1 43-4B-1. As used in this chapter, the term: (1) 'Amateur,' means a person who has never received nor competed for any purse or other article of value, either for the expenses of training or for participating in a match, other than a prize of $100.00 in value or less. when applied to a person engaged in boxing, wrestling, or a martial art, means a person who receives no compensation and engages in a match, contest, or exhibition of boxing, wrestling, or a martial art that is governed or authorized by: (A) U.S.A. Boxing; (B) The Georgia High School Athletic Association; (C) The National Collegiate Athletic Association; (D) Amateur Athletic Union; (E) Golden Gloves; (F) Team Georgia Amateur Wrestling; (G) USA Wrestling; (H) National High School Coaches Association; (I) North American Sport Karate Association; (J) International Sport Kick Boxing/Karate Association; (K) World Kick Boxing Association; (L) United States Kick Boxing Association; (M) International Sport Combat Federation; (N) Professional Karate Commission; (O) International Kick Boxing Federation; or (P) The local affiliate of any organization listed in this paragraph. (2) 'Amateur sanctioning organization' means any business entity organized for sanctioning and supervising matches involving amateurs. 1664 JOURNAL OF THE SENATE (2)(3) 'Boxing match' means to compete with fists. a contest between two individuals in which contestants score points in rounds of two or three minutes by striking with padded fists the head and upper torso of the opponent or by knocking the opponent down and rendering the opponent unconscious or incapable of continuing the contest by such blows, which contest is held in a square ring supervised by a referee and scored by three judges. (3) 'Boxing registry' means a registry created or designated pursuant to subsection (j) of Code Section 43-4B-4. (3.1) 'Charitable organization' means an entity described by: (A) Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3)); or (B) Section 170(c), Internal Revenue Code of 1986 (26 U.S.C. Section 170(c)). (4) 'Commission' means the Georgia Athletic and Entertainment Commission. (4.1) 'Event' means the totality of all matches, contests, or exhibitions held at one occasion. (5) 'Exhibition' means a contest where the participants engage in the use of boxing, kickboxing, wrestling, mixed martial arts, or martial arts skills and techniques and where the objective is to display such skills and techniques without striving to win and includes but is not necessarily limited to the use of strikes and blows to the head. (6) 'Face value' means the dollar value of a ticket or order, which value shall reflect the dollar amount that the customer is required to pay or, for complimentary tickets, would have been required to pay to purchase a ticket with equivalent seating priority in order to view the match, contest, exhibition, or entertainment event. A complimentary ticket shall not have a face value of $0.00. A complimentary ticket shall not have a face value of less than that of the least expensive ticket available for sale to the general public. Face value shall include any charges or fees, such as dinner, gratuity, parking, surcharges, or any other charges or fees which are charged to and must be paid by the customer in order to view the match, contest, exhibition, or entertainment event. It shall exclude any portion paid by the customer for federal, state, or local taxes. (7) 'Gross proceeds' means the total revenue received solely from the sale of tickets used or intended to be used by the audience physically attending any event required to be licensed under this chapter. (8) 'Gross receipts' means: (A) The gross price charged for the sale or lease of broadcasting, television, pay per view, closed circuit, or motion picture rights without any deductions for commissions, brokerage fees, distribution fees, production fees, advertising, or other expenses or charges; (B) The face value of all tickets sold and complimentary tickets issued, provided, or given; and (C) The face value of any seats issued, provided, or given in exchange for advertising, sponsorships, or anything of value to the promotion of an event. (9) 'Local tax' means any occupation tax or other tax owed to a county or municipality TUESDAY, MARCH 11, 2008 1665 in order to hold a match, contest, or exhibition or to carry on a business as a ticket broker within such county or municipality. (9.1)(7) 'Kickboxing' means to compete with the fists, feet, legs, or any combination thereof and includes punchkick and other similar competitions. unarmed combat involving the use of striking techniques delivered with the upper and lower body and in which the competitors remain standing while striking. (8) 'Local tax' means any occupation tax or other tax owed to a county or municipality in order to hold a match, contest, or exhibition or to carry on a business as a ticket broker within such county or municipality. (10)(9) 'Manager' means a any person who, directly or indirectly, controls or administers the boxing, kickboxing, or mixed martial arts affairs of any participant. under contract, agreement, or other arrangement with a boxer, undertakes to control or administer, directly or indirectly, a matter related to boxing on behalf of a boxer. Such term includes, but is not limited to, a person who functions as a booking agent, adviser, or consultant. (9.1) 'Match' means a bout, contest, or performance between two or more licensees. (10.1) 'Martial art' means any form of unarmed combative sport or unarmed combative entertainment that allows contact striking, except boxing or wrestling. (10.2)(10) 'Matchmaker' means a person who brings together professionals or arranges matches for boxing, kickboxing, or mixed martial arts professionals. is employed by or associated with a promoter in the capacity of booking and arranging professional matches, contests, or exhibitions between opponents or who proposes professional matches, contests, or exhibitions and selects and arranges for the participants in such events and for whose activities in this regard the promoter is legally responsible. (11) 'Mixed martial arts' means unarmed combat involving the use, subject to the provisions of this chapter, of a combination of techniques from different disciplines of the martial arts, including but not limited to grappling, kicking, and striking. submission holds, and strikes with the upper and lower body. (11.1) 'Original purchaser for personal use' means a person who buys one or more tickets with the intention of using the ticket or tickets solely for the use of the purchaser or the purchasers invitees, employees, and agents. An original purchaser who resells more than six tickets to the same athletic contest or entertainment event and who resells tickets to an athletic contest or entertainment event for more than 105 percent of their face value shall be rebuttably presumed to be engaging in the business of a ticket broker in any criminal prosecution or civil action, order, or penalty by the commission. (11.2) 'Patron boxing,' 'patron wrestling,' or 'patron martial arts' means boxing, wrestling, or martial arts that is not: (A) Governed or authorized by any organization listed in paragraph (1) of this Code section; (B) Governed or authorized by an organization licensed by the commission in accordance with this chapter; 1666 JOURNAL OF THE SENATE (C) Governed or authorized by an organization exempted from licensure by the commission in accordance with this chapter; and (D) Licensed by the commission in accordance with Article 2 of this chapter. (11.3) 'Pay per view' means a telecast for which a fee is required in addition to any other fee paid by the viewer for any other services of the telecaster. (12) 'Participant' means a professional competing in boxing, kickboxing, or mixed martial arts. 'Person' means any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character. (13) 'Physician' means an individual licensed to practice medicine or surgery by any state. a doctor of medicine or other medical professional legally authorized by any state to practice medicine. (14) 'Professional' means a person who has received or competed for any purse or other article of a value greater than $100.00, either for the expenses of training or for participating in any match. is participating or has participated in a match, contest, or exhibition which is not governed or authorized by one or more of the organizations listed in paragraph (1) of this Code section and: (A) Has received or competed for or is receiving or competing for any cash as a salary, purse, or prize for participating in any match, contest, or exhibition; (B) Is participating or has participated in any match, contest, or exhibition to which admission is granted upon payment of any ticket for admission or other evidence of the right of entry; (C) Is participating or has participated in any match, contest, or exhibition which is or was filmed, broadcast, or transmitted for viewing; or (D) Is participating or has participated in any match, contest, or exhibition which provides a commercial advantage by attracting persons to a particular place or promoting a commercial product or enterprise. (14.1) 'Professional wrestler' means a person who performs before, during, or after a professional wrestling event or exhibition which is in conjunction in any way with the event or exhibition or its script. These persons shall meet all qualifications for licensure and pay the prescribed fee. (15) 'Professional wrestling' means any performance of wrestling skills and techniques by two or more professional wrestlers to which any admission is charged. Participating wrestlers may not be required to use their best efforts in order to win; the winner may have been selected before the performance commences; and contestants perform for valuable consideration. match, contest, or exhibition' means a match, contest, or exhibition which is not governed or authorized by one or more of the organizations listed in paragraph (1) of this Code section and: (A) Rewards a participant with cash as a salary, purse, or prize for such participation; (B) Requires for admission payment of a ticket for admission or other evidence of the right of entry; (C) Is filmed, broadcast, or transmitted for viewing; or (D) Provides a commercial advantage by attracting persons to a particular place or TUESDAY, MARCH 11, 2008 1667 promoting a commercial product or enterprise. (16) 'Promoter' means any person, including any officer, director, employee, or stockholder of a corporate promoter, who produces, arranges, or stages any match involving a professional. the person primarily responsible for organizing, promoting, and producing a professional match, contest, or exhibition and who is legally responsible for the lawful conduct of such professional match, contest, or exhibition. (16.1) 'Promotion of unarmed combat' means the organization, promotion, production, publicizing, or arranging of, or provision of a venue for, a competition of unarmed combat by a person who receives some compensation or commercial benefit from such competition. (17) 'Purse' or 'ring earnings' means the financial guarantee or any other remuneration, or part thereof, for which a professional boxers or wrestlers are is participating in a match, contest, or exhibition and includes the boxers or wrestlers professionals share of any payment received for radio broadcasting, television, or and motion picture rights. (17.1) 'Shidokan' means unarmed combat involving three separate, segregated rounds in which karate rules and techniques are exclusively used in one round, kickboxing rules and techniques are exclusively used in one round, and grappling rules and techniques are exclusively used in one round. (18) 'State' means any of the 50 states, Puerto Rico, the District of Columbia, and any territory or possession of the United States. (19)(18) 'Ticket broker' means: (A) Any person who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, amusements, exhibitions, or other entertainment events held in this state to which the general public is admitted and who charges a premium in excess of the price of the ticket; or (B) Any person who has a permanent office or place of business in this state who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, amusements, exhibitions, or other entertainment events held inside or outside this state to which the general public is admitted and who charges a premium in excess of the price of the ticket. The term ticket broker shall not include the owner, operator, lessee, or tenant of the property in which an athletic contest or entertainment event is being held or the sponsor of such a contest or event or the authorized ticket agent of such persons. (20)(A) 'Unarmed combat' means any form of competition between human beings or one or more human beings and one or more animals in which: (i) One or more blows are struck which may reasonably be expected to inflict injury on a human being; and (ii) There is some compensation or commercial benefit arising from such competition, whether in the form of cash or noncash payment to the competitors or the person arranging the competition; the sale of the right to film, broadcast, transmit, or view the competition; or the use of the competition to attract persons to a particular location for some commercial advantage or to promote a 1668 JOURNAL OF THE SENATE commercial product or commercial enterprise. Such term also means any amateur kickboxing match in which the competitors are not wearing protective gear. (B) Unarmed combat shall include but shall not be limited to: tough man fights, bad man fights, nude boxing, nude wrestling, patron boxing, patron martial arts, and patron wrestling. (C) Unarmed combat shall not include: (i) Professional boxing licensed in accordance with this chapter; (ii) Professional wrestling governed or authorized by an organization licensed or exempted from licensure in accordance with this chapter; (iii) Amateur boxing governed or authorized by an organization listed in paragraph (1) of this Code section; (iv) Amateur wrestling governed or authorized by an organization listed in paragraph (1) of this Code section; (v) Any competition displaying the skills of a single form of an Oriental system of unarmed combative sports or unarmed combative entertainment, including, but not limited to, kickboxing, karate, or full-contact karate, that is held pursuant to the rules of that form and governed or authorized by an organization licensed by the commission in accordance with Article 4 of this chapter; (vi) Shidokan when the competition is governed or authorized by an organization licensed by the commission in accordance with Article 4 of this chapter; (vii) Mixed martial arts fighting when the competition is governed or authorized by an organization licensed by the commission in accordance with Article 4 of this chapter; or (viii) Other martial arts competitions, when governed or authorized by an organization licensed by the commission in accordance with Article 4 of this chapter. (21) 'Wrestling' means: (A) A staged performance of fighting and gymnastic skills and techniques by two or more human beings who are not required to use their best efforts in order to win and for which the winner may have been selected before the performance commences; or (B) A performance of fighting and gymnastic skills and techniques by two or more human beings. 43-4B-2. (a) No match involving amateurs which utilizes, but is not necessarily limited to, strikes or blows may be held in this state unless it is sanctioned and supervised by an amateur sanctioning organization approved by the commission. An approved amateur sanctioning organization may only sanction and supervise the contests or exhibitions in the particular sport or sports for which it has expertise and for which it is approved by the commission. (b) The commission may not approve any amateur sanctioning organization unless TUESDAY, MARCH 11, 2008 1669 such organization has adopted and agreed to enforce a defined set of standards that applies to all matches which will adequately protect the health and safety of the amateurs participating in the matches and the public and can adequately demonstrate to the satisfaction of the commission that the principals of the organization have sufficient background, training, and experience in sanctioning and supervising matches for which the organization is approved. (c) Periodic compliance checks may be performed by a representative of the commission designated by the executive director in order to ensure enforcement of approved health and safety standards and supervision of matches by the approved amateur sanctioning organization. (d) Any member of the commission or the executive director may suspend the approval of an amateur sanctioning organization for failure to supervise amateur matches or to enforce the approved health and safety standards required under this chapter, provided that the suspension complies with the summary suspensions pursuant to Code Section 43-4B-13. At any amateur boxing, kickboxing, or mixed martial arts contest, any member of the commission or a representative of the commission may immediately suspend one or more matches in an event whenever it appears that the match or matches violate the health and safety standards established by rule as required by this chapter. A law enforcement officer may assist any member of the commission or a representative of the commission to enforce an order to stop a contest if called upon to do so by such member of the commission or a representative of the commission. (e) The commission shall review its approval of the amateur sanctioning organization at least biennially, or sooner if determined necessary based upon the periodic compliance checks or complaints to the commission, to determine continuation of approval. The commission may continue approval or may suspend or revoke approval based upon compliance of the organization with the approved sanctioning organizations standards and its ability to supervise matches in the state. (f) This Code section shall not apply to any match conducted or sponsored by a bona fide nonprofit school or education program whose primary purpose is instruction in the martial arts, boxing, or kickboxing if the match held in conjunction with the instruction is limited to amateur participants who are students of the school or instructional program. (g) No match involving amateurs which utilizes, but is not necessarily limited to, strikes or blows may be held in this state unless it is sanctioned and supervised by an amateur sanctioning organization approved by the commission as required by this chapter. (h) Any competition of professional or amateur unarmed combat shall not be permitted, including tough man contests, bad man fights, nude boxing, nude wrestling, patron boxing, patron martial arts, patron mixed martial arts, and patron wrestling, between one or more human beings or between one or more human beings and one or more animals in which one or more blows are struck and there is some compensation or benefit arising from the competition, whether in the form of cash or noncash payment to the competitors or the person arranging the competition; the sale of the right to film, 1670 JOURNAL OF THE SENATE broadcast, transmit, or view the competition; or the use of the competition to attract persons to a particular location for some commercial advantage or to promote a commercial product or commercial enterprise. (i)(1) Any person participating in a match prohibited under this Code section, knowing the match to be prohibited, commits a misdemeanor and is additionally subject to the civil enforcement provisions of Code Section 43-4B-19. (2) Any person holding, promoting, or sponsoring a match prohibited under this Code section commits a crime punishable as provided in Code Section 43-4B-20.1 and is additionally subject to the civil enforcement provisions of Code Section 43-4B-19. (a) The provisions of this chapter shall not be construed to apply to any match, contest, or exhibition: (1) In which the contestants are all amateurs; and (2) Which is governed or authorized by: (A) U.S.A. Boxing; (B) The Georgia High School Athletic Association; (C) The National Collegiate Athletic Association; (D) Amateur Athletic Union; (E) Golden Gloves; (F) Team Georgia Amateur Wrestling; (G) USA Wrestling; (H) National High School Coaches Association; (I) North American Sport Karate Association; (J) International Sport Kick Boxing/Karate Association; (K) World Kick Boxing Association; (L) United States Kick Boxing Association; (M) International Sport Combat Federation; (N) Professional Karate Commission; (O) International Kick Boxing Federation; or (P) The local affiliate of any organization listed in this paragraph. (b) The provisions of this chapter shall not apply to any matches, contests, or exhibitions of professional wrestling or to a promoter or organization that promotes, organizes, or governs such matches, contests, or exhibitions where such promoter or organization is a corporation that, at the time of such matches, contests, or exhibitions: (1) Is registered under the federal Securities Exchange Act of 1934; and (2) Has total assets of not less than $25,000,000.00. 43-4B-3. (a) The State Boxing Georgia Athletic and Entertainment Commission in existence immediately prior to July 1, 2001, is continued in existence subject to the provisions of this chapter. On and after July 1, 2001, the name of such commission shall be the Georgia Athletic and Entertainment Commission. The membership of the commission shall continue unchanged except as otherwise expressly provided by this chapter. (b) The commission shall be composed of five members appointed by the Governor. TUESDAY, MARCH 11, 2008 1671 Each member of the commission shall be appointed for a term of four years and until his or her successor is appointed. Vacancies shall be filled for the unexpired terms under the same procedures and requirements as appointments for full terms. (c) Three consecutive unexcused absences or absences constituting 50 percent or more of the commissions meetings within any 12 month period shall cause the commission membership of the member in question to become void, and the position shall be considered vacant. The commission shall, by rule, define unexcused absences. (c)(d) The commission shall elect a chairperson from among its membership for a term of one year. The commission may elect a vice chairperson from its membership for a term of one year. Any member serving as chairperson shall be eligible for successive election to such office by the commission. (d)(e) The commissions medical advisory panel, appointed by the Governor majority vote of the commission, shall consist of four persons licensed to practice medicine in Georgia pursuant to the provisions of Chapter 34 of this title. They shall represent the specialties of neurology, ophthalmology, sports medicine, and general medicine. The medical advisory panel shall advise and assist the commission and its staff regarding issues and questions concerning the medical safety of applicants or licensees, including, but not limited to, matters relating to medical suspensions. The medical advisory panel may meet separately from the commission to discuss and formulate recommendations for the commission in connection with medical safety. Members of the medical advisory panel shall not be counted in determining a quorum of the commission and shall not vote as commission members. (e)(f) Each member of the commission and the medical advisory panel shall be reimbursed for expenses and travel as provided for members of various professional licensing boards in subsection (f) of Code Section 43-1-2. (g) The commission shall be authorized to join and participate in the activities of the Association of Boxing Commissions. 43-4B-4. (a) The commission is shall be the sole regulator of professional boxing, professional kickboxing, professional mixed martial arts, and ticket brokers in Georgia and shall have authority to protect the physical safety and welfare of professional boxers participants and serve the public interest by closely supervising all professional boxing, professional kickboxing, professional mixed martial arts, and ticket brokers in Georgia. (b) The commission shall have the sole jurisdiction to license the promotion or holding of each professional match, contest, or exhibition of boxing, kickboxing, and mixed martial arts promoted or held within this state. (c) The commission shall have the sole authority to license participants in any professional match, contest, or exhibition of boxing, kickboxing, or mixed martial arts held in this state. (d) The commission has shall have the authority to direct, manage, control, and supervise all professional matches, contests, or exhibitions of boxing, kickboxing, and mixed martial arts. It may adopt bylaws for its own management and promulgate and 1672 JOURNAL OF THE SENATE enforce rules and regulations consistent with this chapter. (e) The commission or the executive director may appoint one or more inspectors officials as duly authorized representatives of the commission to ensure that the rules are strictly observed. Such inspectors shall officials may be present at all professional matches, contests, or exhibitions of boxing, kickboxing, and mixed martial arts. (f) The commission or the executive director shall assign to each professional boxing, kickboxing, or mixed martial arts match at least one physician who shall observe the physical condition of the participants and advise the commission or commission representative in charge and the referee of the participants conditions before, during, and after the match. The commission shall establish a schedule of fees for the physicians services. The physicians fee shall be paid by the promoter of the match attended by the physician. may designate physicians as duly authorized representatives of the commission to conduct physical examinations of boxers licensed under this chapter and shall designate a roster of physicians authorized to conduct prefight physicals and serve as ringside physicians in all professional boxing matches held in this state. (g) In addition to any other required examination, each participant shall be examined by the attending physician at the time of weigh-in. If the physician determines that a participant is physically or mentally unfit to proceed, the physician shall notify any commissioner or the commission representative who shall immediately cancel the match. The examination shall conform to rules adopted by the commission. The result of the examination shall be reported in writing signed by the physician and filed with the commission prior to completion of the weigh-in. (h) The commission may require, by rule, each participant to present to the commission representative at the time of weigh-in or prior to weigh-in an original copy of blood test results which demonstrate that the participant is free from any communicable disease. If required by the commission and the blood test results are not presented as required by the commission rule or reveal the participant has a communicable disease, the commission representative shall immediately cancel the match. The commission may adopt, by rule, protocols and procedures for the blood tests and the cancellation of a match, a list of communicable diseases covered by this subsection, and a time period within which the blood test must be taken prior to the match. (i) The commission or any agent duly designated by the commission may make investigations. The commission may hold hearings; issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records; and administer oaths to and examine any witnesses for the purpose of determining any question coming before it under this chapter or under the rules and regulations adopted pursuant to this chapter. During an investigation of any allegation which, if proven, would result in criminal or civil sanctions as provided in this chapter, the commission may withhold all or a portion of the gross receipts to which the person under investigation is entitled until such time as the matter has been resolved. (h) The commission shall be authorized to engage in activities which promote amateur boxing in this state and to contract with any nonprofit organization which is exempted TUESDAY, MARCH 11, 2008 1673 from the taxation of income pursuant to Code Section 48-7-25 for the provision of services related to the promotion of amateur boxing in this state. To support amateur boxing in this state, the commission may promote voluntary contributions through the application process or through any fund raising or other promotional technique deemed appropriate by the commission. (i)(j) Pursuant to 15 U.S.C.A. Section 6301, et seq., the commission is authorized to issue to each boxer participant who is a resident of this state an identification card bearing the boxers participants photograph and in such form and containing such information as the commission deems necessary and appropriate. The commission is expressly authorized to ensure that the form and manner of issuance of such identification cards comply with any applicable federal law or regulation. The commission is authorized to charge an amount not to exceed $100.00 per card for the issuance or replacement of each identification card. (j)(k) The commission is authorized to create a boxing registry or to designate a nationally recognized boxing registry and to register each boxer participant who is a resident of this state or who is a resident of another state which has no boxing registry. (k)(l) The commission is authorized to inquire into the financial backing of any professional match, contest, or exhibition of boxing, kickboxing, or mixed martial arts, and obtain answers to written or oral questions propounded to all persons associated with such professional event. (l)(m) The commission is authorized to receive tax payments in accordance with Code Section 43-4B-20, and to remit such tax payments to the general treasury. 43-4B-5. The Secretary of State shall designate the secretary executive director of the commission, who shall issue licenses and identification cards and perform such other duties as the commission may direct to carry out the provisions of this chapter. The executive director shall keep a record of all proceedings of the commission; shall preserve all books, papers, and documents pertaining to the business of the commission; shall prepare any notices and papers required; shall appoint judges, referees, and other officials as delegated by the commission and pursuant to this chapter and rules of the commission; and shall perform such duties as the Secretary of State or commission directs. 43-4B-6. (a) The commission shall meet upon the call of the chairperson or upon the call of any two members. The business of the commission shall be conducted by a majority vote of the members present. A majority of the commission members shall constitute a quorum. (b) The chairperson, if necessary, may within ten days of receiving an application and license fee call a meeting of the commission for the purpose of approving or rejecting an application for a license or match permit which has been submitted to the commission. The meeting shall be held within 20 days of the chairpersons call at a place designated by the chairperson. 1674 JOURNAL OF THE SENATE 43-4B-7. The commission shall adopt rules and regulations governing professional boxing to establish the following: The commission shall administer the provisions of this chapter. The commission shall have the authority to adopt rules pursuant to this chapter to implement each of the duties and responsibilities conferred upon the commission, including, but not limited to: (1) Developing an ethical code of conduct for commissioners, commission staff, and commission officials; (2) Establishing duties and responsibilities of all licensees under this chapter; (3) Establishing procedures for hearings and resolution of disputes; (4) Establishing fee and reimbursement schedules for referees and other officials appointed by the commission or the commission representative; (5) Establishing criteria for approval, disapproval, suspension of approval, and revocation of approval of amateur sanctioning organizations for amateur boxing, kickboxing, and mixed martial arts matches held in this state, including, but not limited to, the health and safety standards the organizations use before, during, and after the matches to ensure the health, safety, and well-being of the amateurs participating in the matches, including the qualifications and numbers of health care personnel required to be present, the qualifications required for referees, and other requirements relating to the health, safety, and well-being of the amateurs participating in the matches. The commission may adopt by rule, or incorporate by reference into rule, the health and safety standards of USA Boxing as the minimum health and safety standards for an amateur boxing organization and the health and safety standards of the International Sport Kickboxing Association as the minimum health and safety standards for an amateur kickboxing and mixed martial arts sanctioning organization. The commission shall review its rules for necessary revision at least every two years and may adopt by rule, or incorporate by reference into rule, the then existing current health and safety standards of USA Boxing and International Sport Kickboxing Association. The commission may adopt emergency rules to administer this paragraph; (1)(6) Establishing procedures Procedures to evaluate the professional records and physicians certifications of each boxer participating participant in a professional match, contest, or exhibition of boxing, kickboxing, and mixed martial arts, and to deny authorization for a professional boxer participant to fight where appropriate; (2)(7) Establishing procedures Procedures to ensure that, except as otherwise provided in subsection (c) of Code Section 43-4B-13, no professional boxer participant is permitted to box compete while under suspension from any state boxing commission because of: (A) A recent knockout, technical knockout, or series of consecutive losses; (B) An injury, requirement for a medical procedure, or physicians denial of certification; (C) Failure of a drug test; or (D) The use of false aliases or falsifying official identification cards or documents; TUESDAY, MARCH 11, 2008 1675 and (3)(8) Establishing procedures Procedures to report to the boxing a registry, including the Association of Boxing Commissions certified registry, the results of all professional matches, contests, or exhibitions of boxing, kickboxing, and mixed martial arts held in this state or being supervised by the commission and any related suspensions. 43-4B-8. (a) A member of the commission, an employee of the commission, the executive director, a referee or judge licensed by the commission, or an attending physician shall not have any direct or indirect financial or pecuniary interest in any participant or the outcome of a fight. (b) A manager, trainer, or second of any participant shall not have any direct or indirect financial or pecuniary interest in the opponent in any contest in which his or her own participant participates. (c) A participant shall not have any direct or indirect financial or pecuniary interest in his or her opponent in any contest. (d) A violation of this Code section is a misdemeanor and is additionally subject to the civil enforcement provisions of Code Sections 43-4B-19 and 43-4B-20.1. No member or employee of the commission and no person who administers or enforces the provisions of this chapter or rules promulgated in accordance with this chapter may belong to, contract with, or receive any compensation from any person or organization who authorizes, arranges, or promotes professional matches, contests, or exhibitions of boxing, martial arts, or wrestling or who otherwise has a financial interest in any activity or licensee regulated by this commission. The term 'compensation' does not include funds held in escrow for payment to another person in connection with a professional match, contest, or exhibition of boxing, martial arts, or wrestling. ARTICLE 2 43-4B-10. (a) No person shall promote or hold a professional match, contest, or exhibition of boxing, kickboxing, or mixed martial arts within this state without first applying for and obtaining a promoters license from the commission. Licenses shall be issued annually and shall expire on December 31 of each calendar year. (b) Promoters shall apply to the commission for a license required by subsection (a) of this Code section on a form provided by the commission. The application shall be accompanied by a nonrefundable fee not to exceed $250.00 $1,000.00 in the form of a cashiers check or money order made out to the commission. The application shall also be accompanied by a performance bond in an amount and under such conditions as the commission may require. Surety bonds shall be required as follows: (1) Before any license is issued or renewed to a promoter and before any permit is issued to a promoter, he or she must file a surety bond or cash equivalent with the 1676 JOURNAL OF THE SENATE commission in such reasonable amount, but not less than $25,000.00 for professional boxing, kickboxing, or mixed martial arts, as the commission determines; (2) All bonds shall be upon forms approved and supplied by the commission; (3) The sufficiency of any surety is subject to approval of the commission; (4) The surety bond must be conditioned upon the faithful performance by the promoter of his or her obligations under this chapter and upon the fulfillment of his or her contracts with any other licensees under this chapter. However, the aggregate annual liability of the surety for all obligations and fees shall not exceed the amount of the bond; and (5) Recovery may be made against any bond or other security in the same manner as penalties are recoverable at law. (c) No person shall promote or hold a professional match, contest, or exhibition of boxing, kickboxing, or mixed martial arts within this state without first applying for and obtaining a match permit from the commission for such professional match, contest, or exhibition of boxing, kickboxing, or mixed martial arts, in addition to the license required by subsection (a) of this Code section. Each application for a match permit shall be on a form provided by the commission and shall be accompanied by a nonrefundable application fee not to exceed $250.00 $1,000.00 in the form of a cashiers check or money order made out to the commission. The commission may charge an additional match fee in accordance with rules and regulations promulgated by the commission to implement the provisions of this article. (d) The commission may, prior to issuing any match permit, require a performance bond in addition to that required in subsection (b) of this Code section. A violation of this Code section is a misdemeanor and is additionally subject to the provisions of Code Sections 43-4B-19 and 32-4B-20.1. (e) The commission may refund any portion of the match permit fee in excess of $250.00 to any person who paid such excess fee in the event the professional match, contest, or exhibition of boxing for which such fees were paid is not held. 43-4B-11. (a) A participant, manager, trainer, second, timekeeper, referee, judge, announcer, physician, or matchmaker shall be licensed before directly or indirectly acting in such capacity in connection with any match involving a participant. A physician must be licensed and must maintain an unencumbered license in good standing and must demonstrate satisfactory medical training or experience or a combination of both to the executive director prior to working as the ringside physician. Each license shall expire on December 31 next following the date it was issued. The commission shall set fees as follows: (1) Promoter or matchmaker -- not to exceed $1,000.00; and (2) Any other license -- not to exceed $100.00. Prior to participating in a professional match, contest, or exhibition of boxing supervised by the commission, referees, judges, timekeepers, matchmakers, boxers, managers, trainers, and each person who assists a boxer immediately before and after a TUESDAY, MARCH 11, 2008 1677 match, contest, or exhibition of boxing and between rounds during a match, contest, or exhibition of boxing shall apply for and be issued licenses. Licenses shall be issued annually and shall expire on December 31 of each calendar year. Each applicant shall make application on a form provided by the commission and pay an annual license fee not to exceed $250.00. Any boxer who has been licensed by the commission during a previous year shall be deemed to be an applicant for a license in any year for which such boxer has entered into a written contract to participate in a professional match, contest, or exhibition of boxing in this state upon the date of entering into such a contract. Any party to such a contract may notify the commission that such a contract has been signed. (b) The commission shall have exclusive jurisdiction to issue, withhold, suspend, or revoke a license or permit required under this chapter. (c) The commission or commission representative shall issue a license under this Code section only if: (1) The commission or commission representative has determined to the best of its or his or her ability that the applicant has the training or skills necessary to perform in a manner appropriate to the license; (2) The applicant has complied with all applicable requirements of this chapter and any rules and regulations promulgated pursuant to this chapter; and (3) The commission or its designated commission representative has determined from information provided by the applicant and from any medical evaluation required by the commission that the health, welfare, and physical safety of the applicant will not be unduly jeopardized by the issuance of the license. (d) The commission shall be authorized to adopt rules pursuant to this chapter which provide for background investigations of applicants for licensure under this chapter for the purposes of ensuring the accuracy of the information provided in the application; ensuring that there are no active or pending criminal or civil indictments against the applicant; and ensuring satisfaction of all other requirements of this chapter. The background investigation may include, but need not be limited to, the criminal and financial history of the applicant. (e) A licensee shall disclose all information in his or her possession concerning any mental or physical disability, injury, illness, or incapacity of a participant in a match immediately after learning thereof to the commission, the official in charge, the attending physician, or the referee. (f) A violation of this Code section is a misdemeanor and is additionally subject to the provisions of Code Sections 43-4B-19 and 32-4B-20.1. 43-4B-12. In addition to the license required in Code Section 43-4B-11, each professional boxer participant who is a resident of this state or another state which has no state boxing commission registry is required to register with a boxing registry created or designated by the commission and renew his or her registration as prescribed by rules of the commission. At the time of registration and renewal, the boxer participant shall provide 1678 JOURNAL OF THE SENATE the boxing registry with a recent photograph of the boxer participant and the social security number of the boxer participant or, in the case of a foreign boxer participant, any similar citizen identification number or boxer participant number from the country of residence of the boxer participant, along with any other information the commission requires. The boxing registry shall issue a personal identification number to each boxer participant and such number shall appear on the identification card issued to the boxer participant as a result of registration. Each boxer participant is required to present to the boxing commission an identification card issued by the state in which he or she resides not later than the time of the weigh-in for a professional match, contest, or exhibition. The commission may charge a registration fee in an amount calculated to cover the administrative expense of such registration. 43-4B-13. (a) The commission shall have the authority to refuse to grant a license to an applicant upon a finding by a majority of the entire commission that the applicant has failed to demonstrate the qualifications or standards for a license contained in this Code section or under the laws, rules, and regulations under which licensure is sought. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the commission that he or she meets all the requirements for the issuance of a license, and, if the commission is not satisfied as to the applicants qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the commission if he or she so desires. (b) The commission may, by majority vote, after prior notice to the holder of any state license issued under this chapter and after affording such a holder an opportunity to be heard, fine the license holder, revoke or suspend a state license, or take other disciplinary action against the licensee, and: (1) The commission shall, upon the recommendation of any officially designated representative for reasons involving the medical or physical safety of any professional boxer participant licensed by the commission, summarily suspend any license previously issued by the commission or take other disciplinary action against any licensee; provided, however, that such licensee shall, after such summary suspension, be afforded an opportunity to be heard, in accordance with the rules of the commission and Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any such summary suspension imposed against such a licensee may include, but shall not be limited to: (A) Prohibiting any boxer participant from competing, appearing in, or participating in any professional match, contest, or exhibition within 60 days of having suffered a knockout and from engaging in any match, contact exhibition, or contact sparring for training purposes during the suspension period; or (B) Prohibiting any boxer participant from competing, appearing in, or participating in any professional match, contest, or exhibition within 30 days of having suffered a technical knockout where evidence of head trauma has been determined by the attending ringside physician, technical draw, or disqualification and from engaging TUESDAY, MARCH 11, 2008 1679 in any match, contact exhibition, or contact sparring for training purposes during the suspension period. The length of any summary suspension invoked pursuant to subparagraph (A) or (B) of this paragraph, upon recommendation of the ringside a physician, may be extended to any number of days. Terms and conditions of the suspension or revocation may require that the boxer submit to further medical evaluation as determined by the ringside physician; and (2) The commission may refuse to grant a license to an applicant, or may revoke or suspend a license if any applicant: (A) Has violated this chapter or the rules of the commission; (B) Has committed fraud or deceit in securing any license or permit; (C) Has made a misstatement of a material fact, fraudulently concealed a material fact, or induced or aided another person in misstating or concealing any material fact in any application or other proceeding under this chapter; (D) Has failed to account for or pay over moneys belonging to others which have come into his or her possession in connection with a match; (E) Has failed to furnish to the proper party a copy of any contract or statement required by this chapter or has breached such a contract; (F) Has paid or agreed to pay any money or article of value to any licensee or permittee for soliciting or for business secured or for rendering any service or the doing of any of the acts forbidden by this chapter and the rules adopted hereunder; (G) Has loaned her or his license or permit to another person or has borrowed or used the license or permit of another; (H) Has employed a person who does not hold a license or permit as required by law; (I) Has failed to maintain in force the bond required by this chapter or has failed to deposit with the commission the required check, money order, or securities; (J) Has been disciplined by the commission or similar agency or body of any jurisdiction; (K) Has failed to pay a fine imposed under this chapter; (L) Is any person or business entity that has been convicted of any act, or that has a trustee, partner, officer, director, or owner that has been convicted of any act, that would constitute a violation of this chapter or would constitute any of the grounds set forth in this chapter for suspension or revocation of a license or against whom such charges are pending before any regulatory body; or (M) Is any person or business entity that has been named in any indictment, or that has a trustee, partner, officer, director, or owner that has been named in an indictment, for any act that would constitute a violation of this chapter or a ground for suspension or revocation of a license; (3)(A) The commission shall refuse to grant a license to an applicant or shall revoke any such license if the applicant or licensee has been convicted of, has pleaded guilty to, has entered a plea of nolo contendere to, or has been found guilty of a felony in any jurisdiction within ten years preceding the refusal or revocation, 1680 JOURNAL OF THE SENATE and such applicant or licensee shall not be issued a permit or other required approval from the commission for a period of ten years from the date of such conviction or plea. (B) The commission may refuse to grant a license to an applicant or shall revoke any such license if the applicant or licensee has been convicted of, has pleaded guilty to, has entered a plea of nolo contendere to, or has been found guilty of a misdemeanor crime involving moral turpitude in any jurisdiction within ten years preceding the refusal or revocation, and such applicant or licensee shall not be issued a match permit or other required approval from the commission for a period of ten years from the date of such conviction or plea. (C) This paragraph shall apply, but shall not be limited, to dispositions under Article 3 of Chapter 8 of Title 42; (2)(4) The commission, its secretary executive director, or its duly authorized representative may, at any time prior to the completion of a permitted professional match, contest, or exhibition of boxing, kickboxing, or mixed martial arts, summarily suspend or revoke the match permit or the license of any specific boxer participant should it be determined by such person that the continuation of said professional match, contest, or exhibition of boxing, kickboxing, or mixed martial arts may jeopardize the health, welfare, morals, or safety of the citizens of this state or may jeopardize the health or personal safety of any participant of such professional match, contest, or exhibition of boxing, kickboxing, or mixed martial arts; provided, however, that such licensee shall, after such summary suspension, be afforded an opportunity to be heard, in accordance with the rules of the commission and Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'; (5) The commission shall suspend or fine, or both, as determined by the commission, any participant who fails to appear at a match or fails to appear at a match at the designated time for which the participant or the participants manager has contracted and does not provide a valid reason or, in the case of physical disability, furnish a physicians certificate; and (6) The commission shall revoke the license of any participant who intentionally strikes, strikes at, touches in any way, or threatens to touch in any way any official; and such license shall not be reinstated. (c) The commission may revoke a suspension of a boxer participant if: (1) The boxer participant was suspended pursuant to rules and regulations adopted pursuant to subparagraph (A) or (B) of paragraph (2) (7) of Code Section 43-4B-7 and has furnished proof of a sufficiently improved medical or physical condition; or (2) The boxer participant furnishes proof that a suspension pursuant to subparagraph (D) of paragraph (2) (7) of Code Section 43-4B-7 was not or is no longer merited by the facts. 43-4B-14. (a) No person may arrange, promote, organize, produce, or participate in a professional match, contest, or exhibition of boxing, kickboxing, or mixed martial arts without TUESDAY, MARCH 11, 2008 1681 meeting the following requirements: (1) Each boxer participant must be examined by a physician who must then certify that the boxer participant is physically fit to compete safely. Copies of each such certificate shall be provided to the commission or commission representative prior to the professional match, contest, or exhibition of boxing, kickboxing, or mixed martial arts. The commission is authorized at any time to require a boxer participant to undergo a physical examination, including neurological or neuropsychological tests and procedures; (2) A physician approved by the commission must be continuously present at ringside during every professional match, contest, or exhibition of boxing, kickboxing, or mixed martial arts. The physician shall observe the physical condition of the boxers participants and advise the referee with regards thereto; (3) One or more inspectors officials appointed by the commission as duly authorized representatives of the commission shall be present at each professional match, contest, or exhibition of boxing, kickboxing, or mixed martial arts to ensure that the rules are strictly observed. An inspector or other duly authorized representative of the commission must be present at the weigh-in and at the ring during the conduct of the professional match, contest, or exhibition of boxing, kickboxing, or mixed martial arts. Inspectors and other duly authorized representatives of the commission shall have free access to the dressing rooms of the boxers participants; (4) Each boxer The promoter shall provide an insurance policy so that each participant shall be covered by a minimum of $25,000.00 health and $50,000.00 life insurance which will cover injuries and death sustained during the professional match, contest, or exhibition of boxing, kickboxing, or mixed martial arts; and (5) The promoter shall provide that an An ambulance and medical personnel with appropriate resuscitation equipment must be continuously present at the site during any professional match, contest, or exhibition of boxing, kickboxing, or mixed martial arts. (b) A violation of this Code section is a misdemeanor and is additionally subject to the provisions of Code Sections 43-4B-19 and 32-4B-20.1. 43-4B-15. (a) It shall be unlawful for any boxer participant to participate or attempt to participate in a professional match, contest, or exhibition of boxing, kickboxing,or mixed martial arts while under the influence of alcohol or any drug. A boxer participant shall be deemed under the influence of alcohol or a drug for the purposes of this Code section if a physical examination made during a period of time beginning not more than six hours prior to the beginning of the professional match, contest, or exhibition of boxing, kickboxing, or mixed martial arts and ending not more than one hour after the completion of the professional match, contest, or exhibition of boxing reveals that the boxers participants mental or physical ability is impaired in any way as a direct result of the use of alcohol or a drug. (b) In a match that is a sanctioned championship title fight, or whenever the 1682 JOURNAL OF THE SENATE commission representative has reason to believe that a participant has ingested or used a prohibited drug or foreign substance, the commission representative shall request and the participant shall provide, under the supervision of the attending physician or commission representative, a sample or samples of his or her urine taken not less than one hour before the commencement of the match or more than one hour after the conclusion of the match. No participant shall use substances or methods which could alter the integrity of the urine sample. Urine samples shall be taken in accordance with the protocol as agreed upon in writing between the commission and the laboratory used for processing the urine samples. (c) The commission may require urine samples, as provided in subsection (b) of this Code section, to be tested randomly. If one participant in a match is tested randomly, the other participant in the match shall be tested also. (d) Failure or refusal to provide a urine sample immediately upon request shall result in the revocation of the participants license. Any participant who has been adjudged the loser of a match and who subsequently refuses to or is unable to provide a urine sample shall forfeit his or her share of the purse to the commission. Any participant who is adjudged the winner of a match and who subsequently refuses to or is unable to provide a urine sample shall forfeit the win and shall not be allowed to engage in any future match in this state. A no-decision result shall be entered into the official record as the result of the match. The purse shall be redistributed as though the participant found to be in violation of this subsection had lost the match. If redistribution of the purse is not necessary or after redistribution of the purse is completed, the participant found to be in violation of this subsection shall forfeit his or her share of the purse to the commission. (e) A violation of this Code section is a misdemeanor and is additionally subject to the provisions of Code Sections 43-4B-19 and 32-4B-20.1. 43-4B-16. All buildings or structures used or intended to be used for holding or giving professional matches, contests, or exhibitions of boxing, kickboxing, mixed martial arts, or professional wrestling shall be safe and shall in all manner conform to the laws, ordinances, and regulations pertaining to buildings in the city or unincorporated area of the county where the building or structure is situated. 43-4B-17. (a) No person under the age of 18 years shall participate as a contestant in any professional match, contest, or exhibition of boxing, kickboxing, or mixed martial arts. (b) A primary duty of the commission is ensuring that any person whose health does not permit safely engaging in boxing, kickboxing, or mixed martial arts as a contestant is not licensed as a professional boxer participant. The General Assembly finds that adequate protection of the health of persons who are 50 years of age or older requires additional precautions by the commission. A person who is 50 years of age or older shall be licensed as a professional boxer participant and permitted to participate in a professional match, contest, or exhibition of boxing, kickboxing, or mixed martial arts TUESDAY, MARCH 11, 2008 1683 only if such person: (1) Has participated as a contestant in at least ten professional matches or contests of boxing, kickboxing, or mixed martial arts in the immediately preceding ten years, including at least four professional matches or contests of boxing, kickboxing, or mixed martial arts in the immediately preceding four years; and (2) Is declared medically and physically able to participate as a contestant in a professional match, contest, or exhibition of boxing, kickboxing, mixed martial arts, or professional wrestling by a physician who has conducted a more rigorous examination than examinations performed in accordance with this chapter for persons who are younger than 50 years of age. (c) The commission shall promulgate and adopt rules and regulations for the more rigorous examination required by this Code section for persons who are 50 years of age or older. 43-4B-18. The commission shall have jurisdiction over any professional match, contest, or exhibition of boxing, kickboxing, mixed martial arts, or professional wrestling which occurs or is held within this state, is filmed in this state, or is broadcast or transmitted from this state. 43-4B-19. (a) Whenever it may appear to the commission that any person is violating or has violated any provision of this article or Article 1 of this chapter and that proceedings would be in the public interest: (1) Subject to notice and opportunity for hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' unless the right to notice is waived by the person against whom the sanction is imposed, the commission may: (A) Issue a cease and desist order prohibiting any violation of this article or Article 1 of this chapter; (B) Issue an order against a person who violates this article or Article 1 of this chapter, imposing a civil penalty up to a maximum of $1,000.00 per violation; or (C) Issue an order suspending or revoking the license of the person violating this article or Article 1 of this chapter; or (2) Upon a showing by the commission in any superior court of competent jurisdiction that a person has violated or is about to violate this article or Article 1 of this chapter, a rule promulgated under this article or Article 1 of this chapter, or an order of the commission, the court may enter or grant any or all of the following relief: (A) A temporary restraining order or a temporary or permanent injunction; (B) A civil penalty up to a maximum of $2,000.00 per violation of this article or Article 1 of this chapter; (C) A declaratory judgment; (D) Restitution to any person or persons adversely affected by a defendants action 1684 JOURNAL OF THE SENATE in violation of this article or Article 1 of this chapter; or (E) Other relief as the court deems just or reasonable. (b) Unless the commission determines that a person subject to this article intends to depart quickly from this state or to remove his or her property from this state or to conceal his or her person or property in this state or that there is immediate danger of harm to citizens of this state or another state, the commission shall give notice in writing that such proceedings are contemplated and allow such person a reasonable opportunity to appear before the commission and execute an assurance of voluntary compliance. The determination of the commission under this subsection shall be final and not subject to review. (c) Procedures relating to hearings, notice, counsel, subpoenas, records, enforcement powers, intervention, rules of evidence, decisions, exceptions, review of initial decisions, final decisions, and judicial review of decisions shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' unless the provisions of such chapter are contrary to the express provisions of this article or Article 1 of this chapter. 43-4B-20. (a) A promoter holding a professional match, contest, or exhibition of boxing, kickboxing, or mixed martial arts shall, within three ten business days after the match, file with the commission a written report which includes the number of tickets sold, the amount of gross receipts, the amount of gross proceeds, and any other facts the commission may require. For the purposes of this Code section, total gross receipts include: (1) The face value of all tickets sold and complimentary tickets issued, provided, or given; and (2) The face value of any seat or seating issued, provided, or given in exchange for advertising, sponsorships, or anything of value to the promotion of an event. Within ten days following the match, contest, or exhibition of boxing, the promoter shall remit to the commission a tax payment in the amount of 5 percent of the gross proceeds exclusive of any federal taxes. (b) A promoter who sells, transfers, or extends to another the rights to telecast by pay per view for viewing in this state, whether the telecast originates inside or outside this state, a match, contest, or exhibition of boxing that would be subject to regulation by the commission in accordance with this chapter if the match, contest, or exhibition were held in this state, shall, within three business days after the sale, transfer, or extension of such rights in whole or in part, file with the commission a written report that includes the gross price charged for the rights to telecast by pay per view, the number of tickets sold, the amount of gross receipts, and any other facts the commission may require. (c) (b) Any written report required to be filed with the commission under this Code section shall be postmarked within three ten business days after the conclusion of the match or telecast, if the telecast is later than the match, and an additional five days shall be allowed for mailing. TUESDAY, MARCH 11, 2008 1685 (d) (c) Each promoter subject to subsection (b) of this Code Section shall remit to the commission within ten days following a match, contest, or exhibition The written report shall be accompanied by a tax payment in the amount of 5 percent of total gross receipts, as defined in subparagraph (A) of paragraph (8) of Code Section 43-4B-1, exclusive of any federal taxes, except that the tax payment derived from the gross price charged for the sale or lease of pay per view telecasting and motion picture rights shall not exceed $40,000.00 for any single event. (e)(d)(1) Any promoter who willfully makes a false and fraudulent report under this Code section is guilty of perjury and, upon conviction, is subject to punishment as provided by law. Such penalty shall be in addition to any other penalties imposed by this chapter. (2) Any promoter who willfully fails, neglects, or refuses to make a report or to pay the taxes as prescribed or who refuses to allow the commission to examine the books, papers, and records of any promotion is guilty of a misdemeanor. (f)(e) The commission shall remit all tax payments to the general treasury of the state. (f) It is a misdemeanor for any promoter or person associated with or employed by any promoter to destroy any ticket to a match or any ticket stub, whether sold or unsold, within six months after the date of the match, except upon prior written authorization of the commission. (g) It is a misdemeanor for any promoter to sell or cause to be sold more tickets of admission for any match than can be accommodated by the seating capacity of the premises where the match is to be held. (h) A promoter of a professional match, contest, or exhibition of boxing, kickboxing, or mixed martial arts shall not be required to pay the taxes specified in this Code section when the participants are not paid greater than $100.00 each and: (1) The event is arranged entirely by a charitable or religious organization as defined in Code Section 43-17-2; or (2) The event is arranged for a charitable purpose as defined in Code Section 43-172. 43-4B-20.1. (a) Whenever the Attorney General has reasonable cause to believe that a person is engaged in a violation of this article, the Attorney General may bring a civil action requesting such relief, including a permanent or temporary injunction, restraining order, or other order against such person as the Attorney General determines to be necessary to restrain the person from continuing to engage in, sanction, promote, or otherwise participate in a professional match, contest, or exhibition of boxing, kickboxing, mixed martial arts, or professional wrestling in violation of this article. (b)(1) Any manager, promoter, matchmaker, or licensee who knowingly violates or coerces or causes any other person to violate any provision of this article shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (2) Any member or employee of the commission or any person who administers or 1686 JOURNAL OF THE SENATE enforces this chapter or rules and regulations promulgated pursuant to this chapter who knowingly violates Code Section 43-4B-14 or Code Section 43-4B-15 shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (3) Any professional boxer participant who knowingly violates any provision of this article except Code Section 43-4B-15 shall, upon conviction, be fined not more than $1,000.00 for each violation. (4) Any professional boxer participant who violates the provisions of Code Section 43-4B-15 may be punished by a fine not to exceed $25,000.00 together with a percentage of the purse not to exceed 15 percent for each violation. (c) Unarmed combat, as defined described in Code Section 43-4B-1 43-4B-2, is a misdemeanor of a high and aggravated nature. (d) Promotion of unarmed combat, as defined described in Code Section 43-4B-1 434B-2, is a misdemeanor for the first offense; a high and aggravated misdemeanor for the second offense; and a felony for the third and subsequent offenses, punishable upon conviction by a fine not to exceed $10,000.00 or imprisonment not to exceed two years, or both such fine and imprisonment. Article 2A 43-4B-20.5. (a) No person shall promote or hold a professional wrestling match, contest, or exhibition within this state without first applying for and obtaining a promoters license issued by the commission. Licenses shall be issued annually and shall expire on December 31 of each calendar year. (b) Promoters shall apply to the commission for a license required by subsection (a) of this Code section on a form provided by the commission. The application shall be accompanied by a nonrefundable fee based on the size of the promotion as follows: (1) For any promoter who employs or contracts with 25 or fewer professional wrestlers as part of the wrestling promotion, the annual license fee shall be $100.00; (2) For any promoter who employs or contracts with more than 25 and fewer than 50 professional wrestlers as part of the wrestling promotion, the annual license fee shall be $250.00; and (3) For any promoter who employs or contracts with 50 or more professional wrestlers as part of the wrestling promotion, the annual license fee shall be $500.00. (d) The promoter shall file with the commission a surety bond or cash equivalent in the minimum amount of $5,000.00. However, this amount may be lowered by the commission. (e) While promoting a professional wrestling match, contest, or exhibition in this state, the promoter shall: (1) Hold a valid license issued by the commission as a professional wrestling promoter; (2) File a pre-event report, as specified by the commission, with the commission ten TUESDAY, MARCH 11, 2008 1687 days before each professional wrestling event. The report shall include: (A) The name of the promoter and event; (B) The time, date, and location of the event; (C) The capacity of the venue; (D) A list of professional wrestlers and the dates of licensure for each; and (E) Notification of professional wrestlers' intent to cut themselves, if applicable. (3) File a post-event report, as specified by the commission, with the commission ten days after the professional wrestling event. The report shall include: (A) The name of the promoter and event; (B) The time the event began and ended; (C) A list of professional wrestlers who actually participated; (D) A list of professional wrestlers who bled; and (E) A list of any instance which required actual medical attention by a physician or an ambulance service or police activities or actions; and. (4) Ensure that wrestlers used in the professional wrestling match, contest, or exhibition hold valid licenses issued by the commission and have submitted to the commission the appropriate medical information as required by this chapter. (f) A violation of this Code section is a misdemeanor and is additionally subject to the provisions of Code Sections 43-4B-19 and 43-4B-20.1. 43-4B-20.6. (a) No professional wrestler shall perform in a professional wrestling match, contest, or exhibition within this state without first applying for and obtaining a professional wrestling license issued by the commission. Licenses shall be issued annually and shall expire on December 31 of each calendar year. (b) The professional wrestler shall apply to the commission for a license required by subsection (a) of this Code section on a form provided by the commission. The application shall be accompanied by a nonrefundable fee not to exceed $20.00. (c) All professional wrestlers performing in a match, contest, or exhibition shall be at least 18 years old and shall only perform inside the separation barrier defined in Code Section 43-4B-20.7. (d) The professional wrestlers application for licensure shall be accompanied with documentation, signed by a licensed physician, of passing a basic medical exam. The contents of the documentation shall be set by rule of the commission. (e) A licensed professional wrestler may present, prior to the match, contest, or exhibition the results of an original copy of a blood test dated within 190 days of the match, contest, or exhibition which demonstrates that the wrestler is free from Hepatitis B, Hepatitis C, HIV, or any other communicable disease. If such documentation is not provided prior to the match, contest, or exhibition and the professional wrestler bleeds, the performance shall cease immediately. (f) No professional wrestler shall perform while impaired by drugs or alcohol. (g) The use of anabolic steroids by a professional wrestler is prohibited unless prescribed by a doctor for a specific medical condition. 1688 JOURNAL OF THE SENATE (h) A violation of this Code section is a misdemeanor and is additionally subject to the provisions of Code Sections 43-4B-19 and 32-4B-20.1. 43-4B-20.7. (a) When a match, contest, or exhibition of professional wrestling occurs within this state, the promoter shall take necessary steps to ensure the safety, health, and welfare of the wrestlers and the spectators. Such standards shall include the following: (1) At least two security persons dressed and clearly identified as security must be present; (2) There must be a separation barrier between the performance area and the spectators. The separation barrier shall be at least five feet from performance area, at least three feet high, and be of sturdy construction; (3) The ring mats must be cleaned, swept, and disinfected after each wrestling event and must be replaced by the promoter at least once per year; (4) Glass shall not be permitted to be used in any match, contest, or exhibition; (5) Fire shall not make contact with any wrestler during a match, contest, or exhibition; and (6) Illegal drugs and alcoholic beverages shall not be permitted in the locker rooms, dressing areas, or backstage during a wrestling match, contest, or exhibition. (b) A violation of this Code section is a misdemeanor and is additionally subject to the provisions of Code Sections 43-4B-19 and 32-4B-20.1. 43-4B-20.8. (a) Subject to the limitations of subsection (d) of this Code section, the commission shall have jurisdiction over any professional wrestling match, contest, or exhibition which occurs or is held within this state, is filmed in this state, or is broadcast or transmitted from this state. (b) The commission shall have the authority to refuse to grant a license to an applicant or may revoke or suspend a license based on the guidelines set forth in Code Section 43-4B-13 or if the applicant has: (1) Violated any provision of this article; (2) Tested positive for a communicable disease which may be transmitted by blood; or (3) Tested positive for a prohibited drug within 60 days preceding a match or event. (c) The commission or the executive director may appoint one or more officials as duly authorized representatives of the commission to ensure that the provisions of this article are strictly observed. The officials shall have access to all areas of the venue including the locker rooms, dressing areas, and backstage area. Upon request of the promoter, a member or members of the event staff shall be allowed to accompany the officials. (d) Except as is expressly provided under this Code section, the commission shall not have any jurisdiction to control, direct, or regulate the manner in which the professional wrestling match, contest, or exhibition is conducted, including the conduct or dress of the professional wrestlers while engaged in the match, contest, or exhibition." TUESDAY, MARCH 11, 2008 1689 SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Johnson of the 1st offered the following amendment #1: Amend the committee substitute to SB 413 (LC 14 9849S) by striking the reference "324B-20.1" where it appears on line 21 of page 16, on line 2 of page 18, on line 14 of page 22, on line 13 of page 23, on line 20 of page 29, and on line 2 of page 30 and inserting in each such place the reference "43-4B-20.1" By striking on line 8 of page 27 the figure "$20,000.00" and inserting in its place the figure "$20,000.00" By inserting on line 33 of page 13 immediately following the phrase "all licenses" the following: for boxing, kickboxing, and mixed martial arts By inserting on line 2 of page 14 immediately following the word "representative" the following: for events involving boxing, kickboxing, and mixed martial arts By striking on line 35 of page 23 and line 1 of page 24 and on line 8 of page 24 "mixed martial arts, or professional wrestling" and inserting in its place the following: or mixed martial arts On the adoption of the amendment, there were no objections, and the Johnson amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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 N Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance N Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner 1690 JOURNAL OF THE SENATE Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans N Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Johnson Y Jones N Me V Bremen Y Moody N Mullis Y Murphy Y Orrock N Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 49, nays 6. SB 413, having received the requisite constitutional majority, was passed by substitute. Senator Heath of the 31st asked unanimous consent that SB 542 be placed on the Table. The consent was granted, and SB 542 was placed on the Table. Senator Hooks of the 14th was excused for business outside the Senate Chamber. The President resumed the Chair. The Calendar was resumed. SB 547. By Senator Chance of the 16th: A BILL to be entitled an Act to amend Article 9 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Brain and Spinal Injury Trust Fund, so as to expand the Brain and Spinal Injury Trust Fund provisions under the Constitution of Georgia to authorize additional penalty assessments for additional violations; to provide for effective date and applicability; to provide for related matters, to repeal conflicting laws, and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 547: A BILL TO BE ENTITLED AN ACT To amend Article 9 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Brain and Spinal Injury Trust Fund, so as to expand the Brain and Spinal Injury Trust Fund provisions under the Constitution of Georgia to authorize additional TUESDAY, MARCH 11, 2008 1691 penalty assessments for additional violations; to provide for 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. Article 9 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Brain and Spinal Injury Trust Fund, is amended by revising 15-21-140, relating to authorization of additional penalty assessments for violations involving driving under the influence, as follows: "15-21-140. This article is enacted pursuant to Article III, Section IX, Paragraph VI(k) of the Constitution, which provision authorizes additional penalty assessments for violations relating to driving under the influence of alcohol or drugs; operating any type of boat, vessel, or other watercraft under the influence of alcohol or drugs; reckless driving; operating a motorcycle without protective headgear; or illegally parking in a space reserved for persons with disabilities, and provides that the proceeds derived therefrom may be used for the purpose of meeting the costs of care and rehabilitative services for certain citizens of this state with brain or spinal cord injuries." SECTION 2. Said article is further amended by revising Code Section 15-21-149, relating to fines and penalties, by adding a new subsection as follows: "(a.1) In every case in which any court in this state shall impose a fine, which shall be construed to include costs, for any violation of the following Code sections, there shall be imposed an additional penalty a sum equal to 10 percent of the original fine: (1) Violations related to operating a vessel under the influence of alcohol or drugs under Code Section 52-7-12; (2) Violations related to reckless driving under Code Section 40-6-390; (3) Violations related to headgear devices for riders of motorcycles under Code Section 40-6-315; and (4) Violations relating to parking places reserved for persons with disabilities under Code Section 40-6-226." SECTION 3. This Act shall become effective on January 1, 2009, only if an amendment to the Constitution authorizing the General Assembly to provide for additional penalties or fees for offenses related to operating any type of boat or other watercraft under the influence of alcohol or drugs, reckless driving, operating a motorcycle without protective headgear, or illegally parking in a space reserved for handicapped persons and to provide for the allocation of such additional penalties or fees to the Brain and Spinal Injury Trust Fund is ratified by the voters at the November, 2008, general election. If such an amendment is 1692 JOURNAL OF THE SENATE not so ratified, this Act shall not become effective and shall stand repealed on January 1, 2009. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman N Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 53, nays 2. SB 547, having received the requisite constitutional majority, was passed by substitute. Senator Johnson of the 1st was excused for business outside the Senate Chamber. TUESDAY, MARCH 11, 2008 1693 SR 1074. By Senator Chance of the 16th: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for additional penalties or fees for offenses involving illegal parking in parking spaces reserved for persons with disabilities, occupying a passenger vehicle without using a safety belt, operating a motorcycle without protective headgear, operating a boat or other watercraft while under the influence of alcohol or drugs, and reckless driving; to provide that the General Assembly is authorized to allocate such additional penalties or fees to the Brain and Spinal Injury Trust Fund; 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 III, Section IX, Paragraph VI of the Constitution is amended by revising subparagraph (k) as follows: "(k) The General Assembly is authorized to provide by general law for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of an offense involving driving under the influence of alcohol or drugs; operating any type of boat, vessel, or other watercraft under the influence of alcohol or drugs; reckless driving; operating a motorcycle without protective headgear; occupying a passenger vehicle without using a safety belt; or illegally parking in a space reserved for persons with disabilities. The General Assembly is authorized to provide by general law for the allocation of such additional penalties or fees to the Brain and Spinal Injury Trust Fund, as provided by law, for the specified purpose of meeting any and all costs, or any portion of the costs, of providing care and rehabilitative services to citizens of the state who have survived neurotrauma with head or spinal cord injuries. Moneys appropriated for such purposes shall not lapse. The General Assembly may provide by general law for the administration of such fund by such authority as the General Assembly shall determine." SECTION 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution of Georgia be amended so as to authorize the General Assembly to provide for additional penalties or fees for offenses involving operating any type of boat or other watercraft under the influence of alcohol or drugs, reckless driving, operating a motorcycle without protective headgear, occupying a passenger vehicle without 1694 JOURNAL OF THE SENATE using a safety belt, or illegally parking in a space reserved for handicapped persons and to provide for the allocation of such additional penalties or fees to the Brain and Spinal Injury Trust Fund?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The Senate Judiciary Committee offered the following substitute to SR 1074: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for additional penalties or fees for offenses involving illegal parking in parking spaces reserved for persons with disabilities, operating a motorcycle without protective headgear, operating a boat or other watercraft while under the influence of alcohol or drugs, and reckless driving; to provide that the General Assembly is authorized to allocate such additional penalties or fees to the Brain and Spinal Injury Trust Fund; 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 III, Section IX, Paragraph VI of the Constitution is amended by revising subparagraph (k) as follows: "(k) The General Assembly is authorized to provide by general law for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of an offense involving driving under the influence of alcohol or drugs; operating any type of boat, vessel, or other watercraft under the influence of alcohol or drugs; reckless driving; operating a motorcycle without protective headgear; or illegally parking in a space reserved for persons with disabilities. The General Assembly is authorized to provide by general law for the allocation of such additional penalties or fees to the Brain and Spinal Injury Trust Fund, as provided by law, for the specified purpose of meeting any and all costs, or any portion of the costs, of providing care and rehabilitative services to citizens of the state who have survived neurotrauma with head or spinal cord injuries. Moneys appropriated for such purposes shall not lapse. The General Assembly may provide by general law for the administration of such fund by such authority as the General Assembly shall determine." SECTION 3. The above proposed amendment to the Constitution shall be published and submitted as TUESDAY, MARCH 11, 2008 1695 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 additional penalties or fees for offenses ( ) NO involving operating any type of boat or other watercraft under the influence of alcohol or drugs, reckless driving, operating a motorcycle without protective headgear, or illegally parking in a space reserved for handicapped persons and to provide for the allocation of such additional penalties or fees to the Brain and Spinal Injury Trust Fund?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown Y Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson E Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams 1696 JOURNAL OF THE SENATE On the adoption of the resolution, the yeas were 51, nays 3. SR 1074, having received the requisite two-thirds constitutional majority, was adopted by substitute. SB 36. By Senator Thomas of the 2nd: A BILL to be entitled an Act to amend Code Section 35-8-6 of the Official Code of Georgia Annotated, relating to the appointment of the executive director of the Georgia Peace Officer Standards and Training Council, so as to provide for salary increases for certified investigators employed with the council consistent with other state employed certified investigators; to provide for related matters; 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 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 March 6, 2008 Honorable Regina Thomas State Senator Paul D. Coverdell Office Building, Room 313-A Atlanta, Georgia 30334 SUBJECT: Fiscal Note Senate Bill 36 (LC 35 0338) Dear Senator Thomas: This bill addresses salary increases that would be applicable to certified investigators employed by the Georgia Peace Officer Standards and Training (POST) Council. Specifically, the bill stipulates that salary increases appropriated for any state employed certified investigators, which exceed salary increases authorized for state employees TUESDAY, MARCH 11, 2008 1697 generally, would apply to these certified investigators who are employed by the POST Council. Based on the current number of certified investigators employed by the POST Council and their total collective salaries and benefits, a one percent raise applicable to this group of employees would equate to a total of $5,141, overall. Information obtained from the POST Council indicates that there are currently nine such investigators, with salaries and benefits totaling $514,113. Without knowing the precise percentage that may actually be applicable in any future appropriation scenario, the exact fiscal impact of the bill cannot be calculated more precisely. Respectfully, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson E Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams 1698 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 54, nays 0. SB 36, having received the requisite constitutional majority, was passed. SB 480. By Senators Williams of the 19th, Fort of the 39th, Tate of the 38th and Reed of the 35th: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to change certain definitions; to repeal conflicting laws; and for other purposes. The Senate Higher Education Committee offered the following substitute to SB 480: A BILL TO BE ENTITLED AN ACT To amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to change certain definitions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, is amended by revising subparagraph (A) of paragraph (2) of Code Section 20-3-411, relating to definitions relative to tuition equalization grants at private colleges and universities, as follows: "(A) A nonproprietary institution of higher education located in this state which is not a branch of the university system; which is accredited by the Southern Association of Colleges and Schools; which is not a graduate level school or college of theology or divinity; and which is not presently receiving state funds under Article 4 of this chapter; provided, however, that an institution which otherwise meets the requirements of this definition and of this subpart except for the lack of accreditation by the Southern Association of Colleges and Schools shall be deemed to be an 'approved school' during the period that the institution holds candidate for accreditation status with the Southern Association of Colleges and Schools; provided, further, that an institution which was previously accredited by the Southern Association of Colleges and Schools within the last seven years and which otherwise meets the requirements of this definition and of this subpart except for the lack of accreditation by the Southern Association of Colleges and Schools shall be deemed to be an 'approved school';" TUESDAY, MARCH 11, 2008 1699 SECTION 2. Said article is further amended by revising subparagraph (A) of paragraph (6) of Code Section 20-3-519, relating to definitions relative to HOPE scholarships and grants, as follows: "(A) Located in Georgia and is currently or within the last two years has been accredited as such by: (i) The Southern Association of Colleges and Schools; (ii) The Georgia Accrediting Commission; (iii) The Georgia Association of Christian Schools; (iv) The Association of Christian Schools International; (v) The Georgia Private School Accreditation Council; or (vi) The Accrediting Commission for Independent Study; or (vii) The Southern Association of Independent Schools; or" SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Heath Y Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson E Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber 1700 JOURNAL OF THE SENATE Y Harbison Y Harp Y Hawkins Y Ramsey Y Reed Y Rogers Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. SB 480, having received the requisite constitutional majority, was passed by substitute. The following resolution was read and put upon its adoption: SR 1148. 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 2008 regular session of the General Assembly for the period of March 11, 2008, through March 27, 2008, shall be as follows: Tuesday, March 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 30 Wednesday, March 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 31 Thursday, March 13 through Monday, March 17 . . . . . . . . . . . . . . . . . . . . in adjournment Tuesday, March 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 32 Wednesday, March 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 33 Thursday, March 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 34 Friday, March 21 through Wednesday, March 26 . . . . . . . . . . . . . . . . . . . . in adjournment Thursday, March 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 35 BE IT FURTHER RESOLVED that on and after March 27, 2008, the periods of adjournment of the 2008 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2008 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. BE IT FURTHER RESOLVED that the provisions of this resolution shall control over those of HR 1556 which shall have no further effect after the adoption of this resolution. TUESDAY, MARCH 11, 2008 1701 On the adoption of the resolution there were no objections and the resolution was adopted. The Calendar was resumed. SB 548. By Senator Seabaugh of the 28th: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to prohibit the use of state funds by purchase orders, government contracts, credits cards, charge cards, or debit cards, or other such payment vehicles for personal benefit or gain; to provide for penalties; to amend Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to reimbursements for public officers and employees, so as to prohibit state officers and employees from misappropriating advances of public funds, submitting fraudulent reimbursement requests, or approving fraudulent reimbursement requests; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson E Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams 1702 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 53, nays 0. SB 548, having received the requisite constitutional majority, was passed. Senator Smith of the 52nd was excused for business outside the Senate Chamber. SB 529. By Senators Grant of the 25th, Harp of the 29th, Meyer von Bremen of the 12th, Unterman of the 45th and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the O.C.G.A., relating to the uniform rules of the road, so as to provide for an offense of homicide by vehicle where a person has committed the offense of felony hit and run and the accident therefrom resulted in the death of the person; to provide that a person who fails to stop and render aid under certain circumstances has committed the offense of hit and run; to amend Article 1 of Chapter 7 of Title 52 of the O.C.G.A., relating to general provisions pertaining to the registration, operation, and sale of watercraft, so as to provide for an offense of homicide by vessel where a person has operated a vessel in such a manner as to cause a collision or accident and knowingly fails to stop and attempt to render assistance; 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 Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Heath Y Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson E Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Schaefer Seabaugh Y Seay Y Shafer,D E Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman TUESDAY, MARCH 11, 2008 Y Hamrick Y Harbison Y Harp Y Hawkins Y Powell Y Ramsey Y Reed Y Rogers Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. SB 529, having received the requisite constitutional majority, was passed. 1703 SB 537. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to establish the Office of State Inspector General; to provide for definitions; to provide for duties; to provide certain powers; to provide procedures for the application of the duties and powers of such office; to provide a duty to report certain actions; to provide for records; to provide for procedures regarding such records; to provide for an automatic repeal; 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Grant Y Hamrick Y Heath Y Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson E Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber 1704 JOURNAL OF THE SENATE Y Harbison Y Harp Y Hawkins Y Ramsey Y Reed Y Rogers Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 537, having received the requisite constitutional majority, was passed. SB 503. By Senators Shafer of the 48th, Reed of the 35th, Moody of the 56th, Williams of the 19th, Fort of the 39th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to enact the "Whistleblower Open Settlements Act"; to provide for a short title; to provide for legislative findings; to prohibit a hospital authority from entering into or enforcing confidential settlement agreements with a federally or state protected whistleblower; to provide that any such agreements are void and unenforceable; 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 Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Heath Y Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber TUESDAY, MARCH 11, 2008 Harbison Y Harp Y Hawkins Y Ramsey Y Reed Y Rogers Y Wiles Y Williams On the passage of the bill, the yeas were 53, nays 0. SB 503, having received the requisite constitutional majority, was passed. 1705 Senator Johnson of the 1st asked that the Senate read a report from the committee on Rules and that Senate Rule 4-2.11 be suspended in order for the Supplemental Rules Calendar to be considered directly after SB 163. There was no objection. The Rules Committee reported out a Supplemental Calendar. SENATE SUPPLEMENTAL RULES CALENDAR TUESDAY, MARCH 11, 2008 THIRTIETH LEGISLATIVE DAY SR 515 Ad Valorem Taxation; exemptions which may be authorized locally-CA (Substitute)(Floor Amendments)(SLGO(G)-35th) SB 517 Special License Plate; persons with disability; provide for issuance; business vehicles used by disabled employees (PUB SAF-32nd) Respectfully submitted, Balfour of the 9th, Chairman Senate Rules Committee The Calendar was resumed. SR 721. By Senators Rogers of the 21st, Smith of the 52nd, Hamrick of the 30th, Harp of the 29th, Wiles of the 37th and others: A RESOLUTION Proposing an amendment to the Constitution so as to prohibit courts from ordering the General Assembly to pass laws, including laws to create or increase taxes or appropriations; to reaffirm that the power of appropriation of state revenues is reserved exclusively to the General Assembly; to limit the power of courts on matters involving 1706 JOURNAL OF THE SENATE appropriation of public money; 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 VI of the Constitution is amended by inserting a new section to read as follows: "SECTION XI. LIMITATIONS Paragraph I. Limitation on jurisdiction; appropriations. No court of this state shall have the power to order the General Assembly or a member thereof to pass any law, including, but not limited to, the creation or increase of any tax, fee, or appropriation. Paragraph II. Appropriations by the General Assembly. The power of appropriation of state revenues is reserved exclusively to the General Assembly and such powers shall remain inviolate. Appropriations determined by the General Assembly for any Act or program shall be within the sole discretion of the General Assembly and no court of this state shall have the power to declare an Act or program unconstitutional based upon the exercise of this discretion." 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 prohibit courts from ordering the General Assembly to pass laws, including laws to ( ) NO create or increase taxes or appropriations; to reaffirm that the power of appropriation of state revenues is reserved exclusively to the General Assembly; and to limit the power of courts on matters involving appropriation of public money?" 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 Judiciary Committee offered the following substitute to SR 721: A RESOLUTION Proposing an amendment to the Constitution so as to prohibit courts from ordering the TUESDAY, MARCH 11, 2008 1707 General Assembly to take any action to create or increase taxes or appropriations; to reaffirm that the power of appropriation of state revenues is reserved exclusively to the General Assembly; to limit the power of courts on matters involving appropriation of public money; 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 VI of the Constitution is amended by inserting a new section to read as follows: "SECTION XI. LIMITATIONS Paragraph I. Limitation on jurisdiction; appropriations. No court of this state shall have the power to order the General Assembly to take any action to create or increase any tax, fee, or appropriation. Paragraph II. Appropriations by the General Assembly. The power of appropriation of state revenues is reserved exclusively to the General Assembly and such powers shall remain inviolate. Appropriations determined by the General Assembly for any Act or program shall be within the sole discretion of the General Assembly and no court of this state shall have the power to declare an Act or program unconstitutional based upon the exercise of this discretion." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution of Georgia be amended so as to prohibit courts from ordering the General Assembly to take action to create or increase taxes or appropriations; to reaffirm that the power of appropriation of state revenues is reserved exclusively to the General Assembly; and to limit the power of courts on matters involving appropriation of public money?" 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, there were no objections, and the committee substitute was adopted. 1708 JOURNAL OF THE SENATE 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 N Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison N Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the adoption of the resolution, the yeas were 32, nays 23. SR 721, having failed to receive the requisite two-thirds constitutional majority, was lost. SB 163. By Senators Heath of the 31st, Murphy of the 27th, Schaefer of the 50th and Stoner of the 6th: A BILL to be entitled an Act to amend Code Section 47-2-292 of the Official Code of Georgia Annotated, relating to merit system of personnel administration for county revenue employees, membership in the Employees Retirement System of Georgia, contributions, and credit for prior service, so as to provide that no person who becomes a tax commissioner, tax collector, tax receiver, or an employee of any such officer on or after July 1, 2008, shall be eligible for membership in the Employees Retirement System of Georgia; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 11, 2008 The following Fiscal Note, as required by law, was read by the Secretary: 1709 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 7, 2007 The Honorable Bill Heath State Senator State Capitol, Room 109 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Senate Bill 163 (LC 21 9221) Dear Senator Heath: This bill would amend provisions relating to membership in the Employees' Retirement System. Specifically, this bill would prohibit tax commissioners, tax collectors, tax receivers, and employees of such officers from becoming members of the Employees' Retirement System. This would affect all persons who take such positions on or after July 1, 2008. Any person holding such position on June 30, 2008 would be entitled to remain a member of the System. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Russell W. Hinton State Auditor The Senate Retirement Committee offered the following substitute to SB 163: A BILL TO BE ENTITLED AN ACT 1710 JOURNAL OF THE SENATE To amend Code Section 47-2-292 of the Official Code of Georgia Annotated, relating to merit system of personnel administration for county revenue employees, membership in the Employees Retirement System of Georgia, contributions, and credit for prior service, so as to provide that no person who becomes a tax commissioner, tax collector, tax receiver, or an employee of any such officer on or after July 1, 2009, shall be eligible for membership in the Employees Retirement System of Georgia; 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. Code Section 47-2-292 of the Official Code of Georgia Annotated, relating to merit system of personnel administration for county revenue employees, membership, is amended by adding a new subsection to read as follows: "(i) Any other provision of this Code section to the contrary notwithstanding, no person who first becomes a tax commissioner, tax collector, tax receiver, or an employee of any such officer on or after July 1, 2009, shall be eligible for membership in this retirement system." SECTION 2. This Act shall become effective on July 1, 2008, 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, 2008, 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 15, 2008 TUESDAY, MARCH 11, 2008 1711 The Honorable Bill Heath, Chairman Senate Retirement Committee State Capitol, Room 109 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to Senate Bill 163 (LC 21 9787S) Dear Chairman Heath: This substitute bill would amend provisions relating to membership in the Employees' Retirement System. Specifically, this bill would prohibit tax commissioners, tax collectors, tax receivers, and employees of such officers from becoming members of the Employees' Retirement System. This substitute bill would affect all persons who take such positions on or after July 1, 2009. Any person holding such position on June 30, 2009 would be entitled to remain a member of the System. Under the previous version of this bill, all persons who take such positions on or after July 1, 2008 would be prohibited from joining the Employees' Retirement System. This is to certify that the changes made in this substitute bill are nonfiscal amendments as defined in the Public Retirement Systems Standards Law. Therefore, the actuarial investigation and State Auditor's Summary prepared for Senate Bill 163 (LC 21 9221) would apply to this substitute bill (LC 21 9787S). A copy of the actuarial investigation and State Auditor's Summary for Senate Bill 163 (LC 21 9787S) is attached. Respectfully, /s/ Russell W. Hinton State Auditor On the adoption of the substitute, there were no objections, 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 Heath Y Henson Y Hill,Jack Y Hill,Judson Y Schaefer Y Seabaugh Y Seay Y Shafer,D 1712 JOURNAL OF THE SENATE Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers N Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 54, nays 1. SB 163, having received the requisite constitutional majority, was passed by substitute. Senator Eric Johnson, President Pro Tempore, assumed the Chair. The legislation on the Supplemental Rules Calendar was read for the first time and put upon its passage. SR 515. By Senator Reed of the 35th: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the governing authority of any county or municipality, subject to referendum approval, to exempt from ad valorem taxation, in whole or in part, up to $250,000.00 of the value of a homestead owned solely or jointly by a teacher, a firefighter, or a law enforcement officer; to provide for procedures, conditions, and limitations; 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, Section II of the Constitution is amended by revising Paragraph III as follows: "Paragraph III. Exemptions which may be authorized locally. (a)(1) The governing TUESDAY, MARCH 11, 2008 1713 authority of any county or municipality, subject to the approval of a majority of the qualified electors of such political subdivision voting in a referendum thereon, may exempt from ad valorem taxation, including all such taxation levied for educational purposes and for state purposes, inventories of goods in the process of manufacture or production, and inventories of finished goods. (2) Exemptions granted pursuant to this subparagraph (a) may only be revoked by a referendum election called and conducted as provided by law. The call for such referendum shall not be issued within five years from the date such exemptions were first granted and, if the results of the election are in favor of the revocation of such exemptions, then such revocation shall be effective only at the end of a five-year period from the date of such referendum. (3) The implementation, administration, and revocation of the exemptions authorized in this subparagraph (a) shall be provided for by law. Until otherwise provided by law, the grant of the exemption shall be subject to the same conditions, limitations, definitions, and procedures provided for the grant of such exemption in the Constitution of 1976 on June 30, 1983. (b)(1) Repealed The governing authority of any county or municipality, subject to the approval of a majority of the qualified electors of such political subdivision voting in a referendum thereon, may exempt from ad valorem taxation, in whole or in part, including all such taxation levied for educational purposes and for state, county, and municipal purposes, up to $250,000.00 of the value of a homestead owned solely or jointly by a firefighter, a law enforcement officer, or a teacher employed by such political subdivision or by the school system contiguous with such political subdivision. The General Assembly shall by general law provide requirements for qualifying for such exemption. (2) Exemptions granted pursuant to this subparagraph (b) may only be revoked by a referendum election called and conducted as provided by law. The call for such referendum shall not be issued within five years from the date such exemptions were first granted and, if the results of the election are in favor of the revocation of such exemptions, then such revocation shall be effective only at the end of a five-year period from the date of such referendum. (3) Procedures for the implementation, administration, and revocation of the exemptions authorized in this subparagraph (b) shall be provided for 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 authorize the governing authority of any county or municipality, subject to referendum ( ) NO approval, to exempt from ad valorem taxation, in whole or in part, up to $250,000.00 of the value of a homestead owned solely or jointly by a 1714 JOURNAL OF THE SENATE teacher, a firefighter, or a law enforcement officer?" 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 State and Local Governmental Operations Committee offered the following substitute to SR 515: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the governing authority of any county or municipality, subject to referendum approval, to exempt from ad valorem taxation, in whole or in part, up to $250,000.00 of the assessed value of a homestead owned solely or jointly by a teacher, a firefighter, or a law enforcement officer; to provide for procedures, conditions, and limitations; 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, Section II of the Constitution is amended by revising Paragraph III as follows: "Paragraph III. Exemptions which may be authorized locally. (a)(1) The governing authority of any county or municipality, subject to the approval of a majority of the qualified electors of such political subdivision voting in a referendum thereon, may exempt from ad valorem taxation, including all such taxation levied for educational purposes and for state purposes, inventories of goods in the process of manufacture or production, and inventories of finished goods. (2) Exemptions granted pursuant to this subparagraph (a) may only be revoked by a referendum election called and conducted as provided by law. The call for such referendum shall not be issued within five years from the date such exemptions were first granted and, if the results of the election are in favor of the revocation of such exemptions, then such revocation shall be effective only at the end of a five-year period from the date of such referendum. (3) The implementation, administration, and revocation of the exemptions authorized in this subparagraph (a) shall be provided for by law. Until otherwise provided by law, the grant of the exemption shall be subject to the same conditions, limitations, definitions, and procedures provided for the grant of such exemption in the Constitution of 1976 on June 30, 1983. (b)(1) Repealed The governing authority of any county or municipality, subject to the approval of a majority of the qualified electors of such political subdivision voting TUESDAY, MARCH 11, 2008 1715 in a referendum thereon, may exempt from ad valorem taxation, in whole or in part, including all such taxation levied for educational purposes and for state purposes, up to $250,000.00 of the assessed value of a homestead owned solely or jointly by a firefighter, a law enforcement officer, or a teacher employed by such political subdivision or by the school system contiguous with such political subdivision. The General Assembly shall by general law provide requirements for qualifying for such exemption. (2) Exemptions granted pursuant to this subparagraph (b) may only be revoked by a referendum election called and conducted as provided by law. The call for such referendum shall not be issued within five years from the date such exemptions were first granted and, if the results of the election are in favor of the revocation of such exemptions, then such revocation shall be effective only at the end of a five-year period from the date of such referendum. (3) Procedures for the implementation, administration, and revocation of the exemptions authorized in this subparagraph (b) shall be provided for by general law." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution of Georgia be amended so as to authorize the governing authority of any county or municipality, subject to referendum approval, to exempt from ad valorem taxation, in whole or in part, up to $250,000.00 of the assessed value of a homestead owned solely or jointly by a teacher, a firefighter, or a law enforcement officer?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Senator Goggans of the 7th offered the following amendment #1: Amend the committee substitute (LC 28 4161S) to SR 515 by striking the word "or" on page 1, line 4 and inserting after the word "officer" the following: "or individuals licensed to provide healthcare services under Title 43" and by striking the word "or" on page 2 line 6 and inserting on page 2 line seven after the word subdivision, the following: "or an individual licensed under Title 43 to provide healthcare services." 1716 JOURNAL OF THE SENATE Senators Smith of the 52nd and Seabaugh of the 28th offered the following amendment #1a: Amend Amendment #1 to the committee substitute to SR 515 by adding the words after "healthcare services" on page 1, line 11 as follows: "and members of the press." Senator Smith of the 52nd asked unanimous consent that amendment #1a be withdrawn. The consent was granted, and the Smith, Seabaugh amendment #1a to the Goggans amendment #1 to the committee substitute was withdrawn. On the adoption of the Goggans amendment #1 to the committee substitute the President asked for unanimous consent. Senator Reed of the 35th objected. On the adoption of the amendment, the yeas were 13, nays 24, and the Goggans amendment #1 to the committee substitute was lost. Senators Rogers of the 21st and Hill of 32nd offered the following amendment #2: Amend the committee substitute to SR 515 by striking the words "up to $250,000.00 of" on lines 4 and 5 and on lines 23 and 24 of page 2 and on line 3 of page 1. On the adoption of the Rogers, Hill of the 32nd amendment #2 to the committee substitute the President asked for unanimous consent. Senator Thomas of the 54th objected. On the adoption of the amendment, the yeas were 26, nays 14, and the Rogers, Hill of the 32nd amendment #2 to the committee substitute was adopted. Senator Jones of the 10th offered the following amendment #3: Amend LC 21 9370 to SR 515 by amending line 4, page 1 by adding "widowed spouse" after the word officer. Senator Heath of the 31st offered the following amendment #3a: Amend amendment #3 to SR 515 by adding "who remains unmarried" after the word spouse on line 2 TUESDAY, MARCH 11, 2008 1717 Senator Jones of the 10th asked unanimous consent that his amendment #3 be withdrawn. The consent was granted, and the Jones amendment #3 was withdrawn. The Heath amendment #3a, due to the withdrawal of the Jones amendment #3, was moot. Senator Wiles of the 37th asked unanimous consent to allow the Secretary of the Senate to administratively correct the committee substitute to SR 515 by striking on page 1 "A BILL TO BE ENTITLED AN ACT" and inserting in lieu thereof "A RESOLUTION". There was no objection. 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 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: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison N Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 51, nays 2. 1718 JOURNAL OF THE SENATE SR 515, having received the requisite two-thirds constitutional majority, was adopted by substitute. The following House legislation was read the first time and referred to committee: HB 470. By Representatives Parrish of the 156th, Rice of the 51st, Parham of the 141st and Powell of the 29th: A BILL to be entitled an Act to repeal Article 28 of Chapter 1 of Title 10 of the O.C.G.A., relating to motor vehicle warranty rights; to enact a new Article 28 of Chapter 1 of Title 10 to be known as the "Georgia Lemon Law"; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for documents and information to be provided to consumers; to provide for a duty of the manufacturer to repair and correct nonconformities; to provide for replacement or repurchase of nonconforming vehicles; to provide for an informal dispute settlement mechanism; to provide for arbitration; to provide for an appeal of the arbitration decision; to require exhaustion of remedies by the consumer; to provide for a new motor vehicle arbitration panel; to provide for resale of a nonconforming vehicle; to provide for collection of a consumer fee; to provide for new motor vehicle dealer liability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. HB 905. By Representatives Millar of the 79th, Richardson of the 19th, Lindsey of the 54th, Holmes of the 61st, Everson of the 106th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the O.C.G.A., relating to the "Quality Basic Education Act," so as to enact the "Building Resourceful Individuals to Develop Georgias Economy Act" to implement programs to improve graduation rates and to improve the preparedness of students for postsecondary education and careers; to provide for involvement of parents and guardians; to provide for extended day funding; to provide for education and career guidance training in colleges of education; to provide for rules and regulations; to provide for exemptions from certain portions of the high school graduation test and end-of-course assessments; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. TUESDAY, MARCH 11, 2008 1719 HB 964. By Representatives Day of the 163rd, Keen of the 179th, Gardner of the 57th and Carter of the 159th: A BILL to be entitled an Act to amend Code Section 52-7-18 of the Official Code of Georgia Annotated, relating to the rules of the road for boat traffic, so as to revise provisions relating to the operation of certain vessels in Georgia ports and harbors; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 1227. By Representatives Lewis of the 15th, Day of the 163rd, Martin of the 47th and Williams of the 4th: A BILL to be entitled an Act to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to provide for utilization of digital based cigarette stamp processes; to provide a short title; to provide for dates and stages of implementation; 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. Senator Weber of the 40th was excused for business outside the Senate Chamber. The Supplemental Calendar was resumed. SB 517. By Senator Hill of the 32nd: A BILL to be entitled an Act to amend Code Section 40-2-74 of the Official Code of Georgia Annotated, relating to special license plate for persons with disability, so as to provide for the issuance of special license plates for persons with disabilities to certain businesses for business vehicles used by disabled employees of such businesses; to provide for related matters; to repeal conflicting laws; and for other purposes. Senators Jones of the 10th and Hill of 32nd offered the following amendment #1: Amend SB 517 by amending line 21, page 1 by inserting after the word employee: "If employee leaves the employment of the company then the plate must be surrendered within 60 days to the commissioner." 1720 JOURNAL OF THE SENATE On the adoption of the amendment, there were no objections, and the Jones, Hill of the 32nd amendment #1 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 517, having received the requisite constitutional majority, was passed as amended. Senator Thompson of the 5th was excused for business outside the Senate Chamber. The Senate Rules Calendar was resumed. SB 531. By Senators Hamrick of the 30th, Orrock of the 36th, Brown of the 26th, Chance of the 16th, Thompson of the 5th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, conveyances to secure debt, and liens, so as to require a foreclosure to be TUESDAY, MARCH 11, 2008 1721 conducted by the current owner or holder of the mortgage, as reflected by public records; to provide for the identity of the secured creditor to be included in the advertisement and in court records; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. SB 531, having received the requisite constitutional majority, was passed. SB 335. By Senators Douglas of the 17th, Schaefer of the 50th, Hill of the 32nd and Hawkins of the 49th: A BILL to be entitled an Act to amend Code Section 50-3-100 of the Official Code of Georgia Annotated, relating to the designation of English as the official language of Georgia, so as to prohibit a state agency or political subdivision of this state from requiring an employee to speak or learn any language other than the official language of the state in order to be employed, maintain employment, or to be eligible for a promotion; to provide for 1722 JOURNAL OF THE SENATE exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Douglas of the 17th asked unanimous consent to move SB 335 to the foot of the Rules Calendar. There was no objection. 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 259. By Senators Fort of the 39th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to change provisions relating to issuance of search warrants by judicial officers; to provide that no-knock warrants shall not be issued in this state except under limited circumstances; 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 259: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to change provisions relating to issuance of search warrants by judicial officers; to provide that no-knock warrants shall not be issued in this state except under limited circumstances; 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 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, is amended by revising Code Section 17-5-22, relating to issuance of search warrants by judicial officers generally and maintenance of docket record of warrants issued, as follows: "17-5-22. (a) As used in this Code section, the term 'no-knock' means a provision in a warrant that authorizes an officer executing a warrant to enter without giving audible notice of the officers presence, authority, and purpose. (b) All warrants shall state the time and date of issuance and are the warrants of the TUESDAY, MARCH 11, 2008 1723 judicial officer issuing the same and not the warrants of the court in which he the judicial officer is then sitting. Such warrants need not bear the seal of the court or clerk thereof. No search warrant shall be issued which contains a no-knock provision unless the affidavit or testimony supporting the warrant establishes by probable cause that if an officer were to knock and announce identity and purpose before entry, such act of knocking and announcing would likely pose a significant and imminent danger to human life or imminent danger of evidence being destroyed. The warrant, the complaint on which the warrant is issued, the affidavit or affidavits supporting the warrant, and the returns shall be filed with the clerk of the court of the judicial officer issuing the same, or with the court if there is no clerk, at the time the warrant has been executed or has been returned 'not executed'; provided, however, that the judicial officer shall keep a docket record of all warrants issued by him the judicial officer and upon issuing any warrant he the judicial officer shall immediately record the same, within a reasonable time, on the docket." 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, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman N Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport N Douglas Y Fort Y Goggans Y Heath Y Henson N Hill,Jack N Hill,Judson Y Hooks Y Hudgens N Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody E Mullis N Murphy N Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S 1724 JOURNAL OF THE SENATE Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Tolleson Y Unterman E Weber N Wiles Y Williams On the passage of the bill, the yeas were 44, nays 8. SB 259, having received the requisite constitutional majority, was passed by substitute. SR 809. By Senators Jones of the 10th, Brown of the 26th, Johnson of the 1st, Seay of the 34th, Chapman of the 3rd and others: A RESOLUTION urging Congress, governmental agencies, and the automobile industry to substitute the term "life belt" for "seat belt" and "life bag" for "air bag"; 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 N Balfour Y Brown Y Bulloch Y Butler N Carter Chance Y Chapman N Cowsert Y Davenport N Douglas Y Fort N Goggans Golden N Grant N Hamrick Y Harbison N Harp N Hawkins N Heath Y Henson Hill,Jack Y Hill,Judson Y Hooks N Hudgens N Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody Y Mullis N Murphy Y Orrock N Pearson Y Powell Y Ramsey Y Reed N Rogers N Schaefer N Seabaugh Y Seay Y Shafer,D N Smith N Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S N Tolleson N Unterman E Weber N Wiles Y Williams TUESDAY, MARCH 11, 2008 On the adoption of the resolution, the yeas were 28, nays 22. SR 809, having failed to receive the requisite constitutional majority, was lost. 1725 SB 507. By Senators Moody of the 56th, Carter of the 13th, Johnson of the 1st, Brown of the 26th, Butler of the 55th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to establish requirements for basic therapy services for children with disabilities detected under screening activities required by federal law; to provide for legislative findings; to provide for definitions; to assure similar treatments and services for categorically needy and medically fragile children; to provide certain requirements relating to administrative prior approval for services and appeals; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Moody of the 56th offered the following amendment #1: Amend SB 507 by striking the word "basic" on line 2 of page 1. By inserting after "appeals;" on line 6 of page 1 the following: to provide for statutory construction; By striking lines 6 through 10 of page 2. By renumbering paragraphs (2) through (5) of Code Section 49-4-169.1 as paragraphs (1) through (4), respectively. By striking lines 18 through 19 of page 2 and inserting in lieu thereof the following: (5) 'Medically necessary services' means services or treatments that are prescribed by a physician or other licensed practitioner, and which, pursuant to the EPSDT Program, diagnose or correct or ameliorate defects, physical and mental illnesses, and health conditions, whether or not such services are in the state plan. By striking lines 22 through 25 of page 2 and inserting in lieu thereof the following: (5) 'Therapy services' means occupational therapy, speech therapy, physical therapy, or other services provided pursuant to the EPSDT Program to an eligible Medicaid beneficiary 21 years of age or younger and which are recommended as medically necessary by a physician. By striking the word "basic" and the words "without prior approval" on line 28 of page 2. 1726 JOURNAL OF THE SENATE By striking lines 6 through 28 of page 3 and inserting in lieu thereof the following: children. Prior approval for therapy services shall be for a period of up to six months as consistent with the needs of the individual recipient. By striking the words "services in excess of basic" on line 6 of page 4. By striking lines 11 through 15 of page 4 and inserting in lieu thereof the following: (e) Prescriptions and prior approval for services shall be for general areas of treatment, treatment goals, or ranges of specific treatments or processing codes. Clinical coverage criteria or guidelines, including restrictions such as location of service and prohibitions on multiple services on the same day or at the same time, shall not be the sole determinant used by the department, By striking the words "speech, occupational, or physical" on line 21 of page 4. On the adoption of the amendment, there were no objections, and the Moody amendment #1 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams TUESDAY, MARCH 11, 2008 1727 On the passage of the bill, the yeas were 53, nays 0. SB 507, having received the requisite constitutional majority, was passed as amended. The following communication was received by the Secretary: OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor March 11, 2008 Honorable Robert Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob, As President of the Georgia State Senate, I hereby appoint the following senator as exofficio member of the Senate Finance Committee: Senator Dan Weber This appointment is effective for purposes of deliberating the passage of House Bill 831 when called before the committee. Sincerely, /s/ Casey Cagle Lt. Governor of Georgia Senator Williams of the 19th moved that the Senate stand in recess until 12:00 midnight, then adjourn until 10:00 a.m. Wednesday, March 12, 2008. At 4:58 p.m. Senator Eric Johnson, President Pro Tempore, announced that the motion prevailed. The following messages were received from the House through Mr. Rivers, the Clerk thereof: 1728 JOURNAL OF THE SENATE Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 92. By Representative Everson of the 106th: A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to repeal the misdemeanor of tattooing near the eye unless performed by a licensed physician; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1071. By Representatives Sims of the 169th, Lewis of the 15th and Lunsford of the 110th: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to make it unlawful to knowingly remove or attempt to remove a taser from certain persons; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1196. By Representatives Stephens of the 164th, Keen of the 179th, Burkhalter of the 50th and Mills of the 25th: 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 certain tax credits; to amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, so as to provide that funds invested by the state from the Seed-Capital Fund, with certain restrictions, may include funds from sources other than the investment entity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1234. By Representatives Channell of the 116th, Cooper of the 41st, Parrish of the 156th, Stephens of the 164th, Hugley of the 133rd and others: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Medicaid Care Management Organizations Act"; to amend Code Section 31-8-171 of the Official Code of Georgia Annotated, relating to definitions relative to quality assessment fees on care management organizations, so as to revise a TUESDAY, MARCH 11, 2008 1729 definition relating to quality assessment fees on care management organizations for purposes of conformity; to amend Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals relative to the Medicaid program, so as to provide that an administrative law judge can consolidate complaints or claims against a care management organization; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1300. By Representatives Carter of the 175th, Dickson of the 6th, Coleman of the 97th, Teilhet of the 40th and Lindsey of the 54th: A BILL to be entitled an Act to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to the minimum school year and other matters, so as to provide that certain school days which were canceled due to disaster, emergency, act of God, and other occurrences do not have to be made up under certain circumstances; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Mr. President: The House has agreed to the Senate substitute to the following Bill of the House: HB 817. By Representatives Holmes of the 61st, Brooks of the 63rd, Abrams of the 84th, Gardner of the 57th, Kaiser of the 59th and others: A BILL to be entitled an Act to create the McPherson Implementing Local Redevelopment Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; 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 liberal construction; to provide for 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: 1730 JOURNAL OF THE SENATE HB 1133. By Representatives Casas of the 103rd, Ehrhart of the 36th, Lindsey of the 54th, Lewis of the 15th, Stephens of the 164th and others: A BILL to be entitled an Act to amend Titles 20 and 48 of the Official Code of Georgia Annotated, relating, respectively, to education and revenue and taxation, so as to provide for a program of educational improvement; to provide for definitions; to provide for student scholarship organizations; to provide for procedures; to provide for an income tax credit with respect to qualified education 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 for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 1158. By Representatives Stephens of the 164th, Scott of the 153rd, Cooper of the 41st, Channell of the 116th, Oliver of the 83rd and others: A BILL to be entitled an Act to fund the Georgia Trauma Trust Fund; to amend Article 5 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the Georgia Trauma Care Network Commission, so as to provide for certain reports; to provide for intent of the General Assembly with regard to certain funds for funding the Georgia Trauma Trust Fund; 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 impose a charge on certain motor vehicle registrations in this state which shall be transferred to the state treasury for the purpose of funding the Georgia Trauma Trust Fund; to provide for the collection of such charge; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1273. By Representative Fleming of the 117th: A BILL to be entitled an Act to amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to income tax credits for businesses creating new jobs in less developed areas, so as to change the criteria for determination of what constitutes a less developed area; to change provisions relating to the number of new jobs created as a criterion for eligibility for credits; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Mr. President: The House has adopted by the requisite constitutional majority the following Resolution TUESDAY, MARCH 11, 2008 1731 of the House: HR 1246. By Representatives Richardson of the 19th, O`Neal of the 146th and Ehrhart of the 36th: A RESOLUTION proposing an amendment to the Constitution so as to provide for tax relief from ad valorem property taxes; to provide for a short title; to authorize additional tax relief including the elimination of ad valorem property taxes for educational purposes; to provide for optional homeowners incentive adjustments; to authorize the limited amending of conflicting local constitutional amendments; to provide for the automatic repeal of The Property Tax Reform Amendment unless specifically continued by general law; to provide for the revival and restoration of certain prior general and local constitutional provisions; to provide for the repeal of such provisions; to provide for procedures; to provide for effective dates; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the Senate: SR 1148. 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 Bills of the House: HB 426. By Representatives Jones of the 44th, Fludd of the 66th, Sims of the 151st, Rynders of the 152nd and Smith of the 129th: A BILL to be entitled an Act to amend Code Section 32-6-200 of the Official Code of Georgia Annotated, relating to the installation of protective devices at railroad grade crossings, so as to provide for legislative findings; to define a certain term; to provide that local school districts shall provide the Department of Transportation with information regarding rail crossings without active warning devices that are used by school buses; to provide that local school districts shall use best efforts to reroute buses to minimize use of such crossings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for 1732 JOURNAL OF THE SENATE other purposes. HB 963. By Representatives Geisinger of the 48th, Setzler of the 35th, Lindsey of the 54th, Smith of the 70th, Porter of the 143rd 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 and special license plates, so as to provide a special license plate commemorating and supporting the sport of soccer in Georgia; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to the Georgia State Soccer Association, Inc.; to repeal conflicting laws; and for other purposes. HB 1112. By Representatives Geisinger of the 48th, Scott of the 153rd, Burns of the 157th, Oliver of the 83rd, Hamilton of the 23rd and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to amend provisions relating to the completion of a certification program by municipal election superintendents; to provide for certain election officials to be certified by a certain date; to provide for a possible waiver of the certification requirement for a municipality in certain circumstances; to provide for a special election for a United States congressional representative in the event of an extraordinary circumstance where there are more than 100 vacancies in the United States House of Representatives; to provide for filing notice of candidacy in the event of extraordinary circumstances; to revise certain provisions relating to the return of qualifying fees to candidates; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1181. By Representative Benton of the 31st: 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 revise provisions relating to acceptance of donations, grants, and federal aid for vocational or other educational purposes by the State Board of Education; to provide that the State School Superintendent is authorized to enter into contracts for $100,000.00 or less; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1244. By Representatives Martin of the 47th and Drenner of the 86th: A BILL to be entitled an Act to amend Code Section 48-7-29.11 of the TUESDAY, MARCH 11, 2008 1733 Official Code of Georgia Annotated, relating to income tax credits for teleworking, so as to extend the period of time for which such credits are granted; to change the amount of certain credits; to change certain reporting requirements; 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 1427. By Representatives Hanner of the 148th and Rynders of the 152nd: A RESOLUTION honoring the life of Robert S. "Bob" Boney and dedicating the Robert S. "Bob" Boney State Prison in his memory; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 1176. By Representatives Knight of the 126th, Smith of the 70th, Roberts of the 154th, McCall of the 30th, Wilkinson of the 52nd and others: A BILL to be entitled an Act to amend Title 36 of the O.C.G.A., relating to local government, and Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to redesignate and extensively revise certain provisions relating to land conservation projects; to amend Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to make a corresponding change in a cross-reference in certain provisions relating to the purpose and nature of the Oconee River Greenway Authority; to change certain provisions relating to powers and duties of the State Forestry Commission; to amend Article 1 of 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; to change certain provisions relating to purpose, powers, and duties of the authority; to repeal conflicting laws; and for other purposes. HB 1274. By Representative Knight of the 126th: 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 income tax imposition, rate, computation, and exemptions, so as to change certain provisions relating to income tax credits for donations of real property for 1734 JOURNAL OF THE SENATE conservation purposes and carryover of credits; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 1297. By Representatives Mumford of the 95th, Levitas of the 82nd, Benfield of the 85th, Ralston of the 7th, Dukes of the 150th and others: A BILL to be entitled an Act to amend Chapter 24 of Title 15 and Title 17 of the Official Code of Georgia Annotated, relating to sexual assault protocol and criminal procedure, respectively, so as to afford greater protection to victims of sexual crimes; to change provisions relating to sexual assault protocol; to provide for preservation of evidence; to allow victims of certain sexual offenses to have the right to have a free forensic medical examination even if the victim refuses to otherwise cooperate with law enforcement; to allow victims of certain sexual offenses to refuse requests for polygraph examinations or other truth-telling devices; to allow the Criminal Justice Coordinating Council to waive subrogation under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1303. By Representatives Coan of the 101st, Keen of the 179th, Ehrhart of the 36th, Peake of the 137th, Hamilton of the 23rd and others: A BILL to be entitled an Act to amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food service establishments, so as to provide that food nutrition information at food service establishments shall not be regulated by any county board of health or political subdivision of this state; to provide for a definition of a certain term; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1346. By Representatives O`Neal of the 146th and Talton of the 145th: 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 create the offense of organized retail theft; to provide for definitions; to provide for forfeiture; 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: TUESDAY, MARCH 11, 2008 1735 HB 715. By Representative Scott of the 153rd: 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. HB 1335. By Representatives Coleman of the 97th, Jones of the 46th, Reese of the 98th and Casas of the 103rd: A BILL to be entitled an Act to amend Code Section 20-2-161 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Formula, so as to change program weights for funding purposes; 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 1081. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain definitions regarding such taxation; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1216. By Representatives Stephens of the 164th, Smith of the 129th, Wilkinson of the 52nd, Maddox of the 172nd, Lunsford of the 110th and others: A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change regional development centers to regional commissions; to provide for new boundaries; to provide for definitions; to provide for membership in the commissions; to provide for legislative intent; to provide certain duties and powers to the state auditor regarding the regional commissions; to provide for duties and procedures regarding regional commissions relationship with other governmental entities; to provide for the transfer of certain assets, liabilities, contracts, staff, records, or debts of certain regional development centers; to amend the Official Code of Georgia Annotated to change references to reflect such changes; to provide for related matters; to repeal 1736 JOURNAL OF THE SENATE conflicting laws; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 272. By Representatives Lewis of the 15th, Stephens of the 164th, Martin of the 47th, Ralston of the 7th, Williams of the 4th 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 a phased-in exemption with respect to state sales and use tax for the sale of natural or artificial gas, electricity, or any other energy used directly or indirectly in the manufacture or processing of tangible personal property; to repeal conflicting laws; and for other purposes. HB 405. By Representatives Martin of the 47th, Stephens of the 164th, Parrish of the 156th and Fludd of the 66th: A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain provisions regarding income tax credits for qualified low-income buildings; to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to change certain provisions regarding insurance premium tax credits for qualified low-income buildings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1079. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1238. By Representatives Ralston of the 7th, Bearden of the 68th and Levitas of the 82nd: A BILL to be entitled an Act to amend Article 3 of Chapter 4B of Title 43 of the Official Code of Georgia Annotated, relating to ticket brokers, so as to change certain provisions relating to the authority to resell tickets and TUESDAY, MARCH 11, 2008 1737 service charges; to provide for certain Internet resale of tickets; to provide for a penalty; to provide for other 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 670. By Representative Sims of the 169th: 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 wood residuals; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the commissioner 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. HB 1023. By Representatives Tumlin of the 38th, Ehrhart of the 36th, Golick of the 34th, Jones of the 44th, Teilhet of the 40th 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 extend the sunset of exemption with respect to the sale or use by a government contractor of overhead materials for an additional period of time; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1078. 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 1110. By Representative Martin of the 47th: 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 for a limited period of time an exemption with respect to certain sales of eligible food and beverages to a qualified food bank; to 1738 JOURNAL OF THE SENATE provide an effective date; to repeal conflicting laws; and for other purposes. HB 1151. By Representatives Knight of the 126th, Tumlin of the 38th and Mosby of the 90th: A BILL to be entitled an Act to amend Titles 16 and 48 of the Official Code of Georgia Annotated, relating, respectively, to crimes and offenses and revenue and taxation, so as to change provisions regarding raffle operations by nonprofit, tax-exempt organizations; to change certain provisions regarding bingo definitions and licensing procedures; to change certain provisions regarding organizations exempt from state income tax; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1246. By Representatives Peake of the 137th, Royal of the 171st and Parrish of the 156th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding state income taxes, so as to change certain provisions regarding income tax credits for certain business enterprises by including broadcasting; to change certain provisions regarding income tax credits for business enterprises in less developed areas by including broadcasting; to change certain provisions regarding income tax credits for qualified research expenses by including broadcasting; to change certain provisions regarding alternative tax credits for base year port traffic increases by including broadcasting; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 468. By Representative Houston of the 170th: A RESOLUTION commemorating Sheriff D. J. Connell and dedicating the Sheriff D. J. Connell Memorial Highway; and for other purposes. TUESDAY, MARCH 11, 2008 1739 Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 977. By Representatives Knox of the 24th, Keen of the 179th and Channell of the 116th: A BILL to be entitled an Act to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes regarding 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 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 an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 1220. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Code Section 40-2-78 of the Official Code of Georgia Annotated, relating to a special license plate for firefighters, so as to provide that such license plates may be retained by the firefighters spouse upon the death of the firefighter; 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 the requisite constitutional majority the following Bills of the House: HB 180. By Representatives Rogers of the 26th, Smith of the 113th, Harbin of the 118th, Burkhalter of the 50th and Stephens of the 164th: 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 that certain prescription drugs and other health care products sold by Georgia biotechnology, biopharmaceutical, or pharmaceutical companies shall not be subject to certain access restrictions or supplemental rebates for purposes of coverage 1740 JOURNAL OF THE SENATE under the state health benefit plan, medical assistance program, PeachCare for Kids, or any other health benefit plan or policy administered by or on behalf of the state; to define certain terms; to repeal conflicting laws; and for other purposes. HB 1293. By Representatives Ralston of the 7th and Willard of the 49th: 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 extend the period of review for the Supreme Courts consideration of applications for pretrial proceedings in cases in which the death penalty is sought; to repeal conflicting laws; and for other purposes. HB 1314. By Representative Ralston of the 7th: A BILL to be entitled an Act to amend Title 5 and Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to appeal and error and prosecuting attorneys, respectively, so as to change provisions relating to the states right to appeal in criminal cases; to exclude the states appeal in criminal cases from the standard of review by appellate courts of first grant of new trial; to authorize the state to have the right of direct appeal in certain cases rather than having to seek certification; to provide the state with the right to appeal orders granting a defendant a bench trial over the objection of the state; to provide for direct appeal when a district attorney or solicitor is disqualified from prosecuting a case; to remove references to the former City Court of Atlanta; to amend Code Section 36-32-1 of the Official Code of Georgia Annotated, relating to establishment of municipal courts, so as to correct a cross-reference; to provide for related matters; 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 Resolution of the House: HR 1078. By Representative Tumlin of the 38th: A RESOLUTION compensating Mr. Willie Otis "Pete" Williams; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: TUESDAY, MARCH 11, 2008 1741 HB 472. By Representatives Meadows of the 5th, Maxwell of the 17th, Knox of the 24th, Smith of the 131st and Rogers of the 26th: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, so as to provide that an insurer may provide insurance policies and other information in a language other than English; to provide in the event of a dispute or complaint arising involving material not in English, the English version of the material will control the resolution of the dispute or complaint; 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 515. By Representatives Freeman of the 140th, Hill of the 180th, Knight of the 126th, Mitchell of the 88th, Jerguson of the 22nd 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 "Lottery for Education Act," so as to define certain terms; to provide that under certain conditions lottery winnings may be assigned; to provide for a court order; to provide for findings of fact; to provide for notice and acknowledgment; to provide for liens and bankruptcy; to provide for an exemption from liability; to provide for a fee; to provide for certain restrictions and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1037. By Representatives Parsons of the 42nd, Rice of the 51st and Manning of the 32nd: A BILL to be entitled an Act to amend Code Section 15-21-179 of the Official Code of Georgia Annotated, relating to the additional penalty for violations of traffic laws or ordinances to be assessed for driver education purposes, so as to extend the expiration date of the Code section; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 1742 JOURNAL OF THE SENATE HB 1249. By Representatives Lewis of the 15th, Martin of the 47th, Millar of the 79th, Stephens of the 164th, Loudermilk of the 14th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide for an income tax credit with respect to solar energy technology manufacturing facilities; 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 for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 1277. By Representatives Kaiser of the 59th and Holt of the 112th: A BILL to be entitled an Act to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for teachers and other school personnel in elementary and secondary education, so as to provide for teachers and employees of charter schools to be considered employees for purposes of participating in the health insurance plans for teachers and other school personnel; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1399. By Representatives Smyre of the 132nd, Hugley of the 133rd, Buckner of the 130th and Smith of the 131st: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on rooms, lodgings, and accommodations, so as to provide for a consolidated government destination services fee; to provide for procedures, conditions, and limitations; to provide for 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 92. By Representative Everson of the 106th: A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to repeal the misdemeanor of tattooing near the eye unless performed by a licensed physician; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. TUESDAY, MARCH 11, 2008 1743 HB 180. By Representatives Rogers of the 26th, Smith of the 113th, Harbin of the 118th, Burkhalter of the 50th and Stephens of the 164th: 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 that certain prescription drugs and other health care products sold by Georgia biotechnology, biopharmaceutical, or pharmaceutical companies shall not be subject to certain access restrictions or supplemental rebates for purposes of coverage under the state health benefit plan, medical assistance program, PeachCare for Kids, or any other health benefit plan or policy administered by or on behalf of the state; to define certain terms; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. HB 272. By Representatives Lewis of the 15th, Stephens of the 164th, Martin of the 47th, Ralston of the 7th, Williams of the 4th 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 a phased-in exemption with respect to state sales and use tax for the sale of natural or artificial gas, electricity, or any other energy used directly or indirectly in the manufacture or processing of tangible personal property; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 405. By Representatives Martin of the 47th, Stephens of the 164th, Parrish of the 156th and Fludd of the 66th: A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain provisions regarding income tax credits for qualified low-income buildings; to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to change certain provisions regarding insurance premium tax credits for qualified low-income buildings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. 1744 JOURNAL OF THE SENATE HB 426. By Representatives Jones of the 44th, Fludd of the 66th, Sims of the 151st, Rynders of the 152nd and Smith of the 129th: A BILL to be entitled an Act to amend Code Section 32-6-200 of the Official Code of Georgia Annotated, relating to the installation of protective devices at railroad grade crossings, so as to provide for legislative findings; to define a certain term; to provide that local school districts shall provide the Department of Transportation with information regarding rail crossings without active warning devices that are used by school buses; to provide that local school districts shall use best efforts to reroute buses to minimize use of such crossings; 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 472. By Representatives Meadows of the 5th, Maxwell of the 17th, Knox of the 24th, Smith of the 131st and Rogers of the 26th: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, so as to provide that an insurer may provide insurance policies and other information in a language other than English; to provide in the event of a dispute or complaint arising involving material not in English, the English version of the material will control the resolution of the dispute or complaint; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 515. By Representatives Freeman of the 140th, Hill of the 180th, Knight of the 126th, Mitchell of the 88th, Jerguson of the 22nd 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 "Lottery for Education Act," so as to define certain terms; to provide that under certain conditions lottery winnings may be assigned; to provide for a court order; to provide for findings of fact; to provide for notice and acknowledgment; to provide for liens and bankruptcy; to provide for an exemption from liability; to provide for a fee; to provide for certain restrictions and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. TUESDAY, MARCH 11, 2008 1745 HB 670. By Representative Sims of the 169th: 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 wood residuals; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the commissioner 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. HB 715. By Representative Scott of the 153rd: 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. HB 963. By Representatives Geisinger of the 48th, Setzler of the 35th, Lindsey of the 54th, Smith of the 70th, Porter of the 143rd 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 and special license plates, so as to provide a special license plate commemorating and supporting the sport of soccer in Georgia; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to the Georgia State Soccer Association, Inc.; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 977. By Representatives Knox of the 24th, Keen of the 179th and Channell of the 116th: A BILL to be entitled an Act to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes regarding 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 amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that the 1746 JOURNAL OF THE SENATE 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 an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1023. By Representatives Tumlin of the 38th, Ehrhart of the 36th, Golick of the 34th, Jones of the 44th, Teilhet of the 40th 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 extend the sunset of exemption with respect to the sale or use by a government contractor of overhead materials for an additional period of time; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1037. By Representatives Parsons of the 42nd, Rice of the 51st and Manning of the 32nd: A BILL to be entitled an Act to amend Code Section 15-21-179 of the Official Code of Georgia Annotated, relating to the additional penalty for violations of traffic laws or ordinances to be assessed for driver education purposes, so as to extend the expiration date of the Code section; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 1071. By Representatives Sims of the 169th, Lewis of the 15th and Lunsford of the 110th: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to make it unlawful to knowingly remove or attempt to remove a taser from certain persons; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. TUESDAY, MARCH 11, 2008 1747 HB 1078. 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. HB 1079. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1081. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain definitions regarding such taxation; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1110. By Representative Martin of the 47th: 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 for a limited period of time an exemption with respect to certain sales of eligible food and beverages to a qualified food bank; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1112. By Representatives Geisinger of the 48th, Scott of the 153rd, Burns of the 157th, Oliver of the 83rd, Hamilton of the 23rd and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as 1748 JOURNAL OF THE SENATE to amend provisions relating to the completion of a certification program by municipal election superintendents; to provide for certain election officials to be certified by a certain date; to provide for a possible waiver of the certification requirement for a municipality in certain circumstances; to provide for a special election for a United States congressional representative in the event of an extraordinary circumstance where there are more than 100 vacancies in the United States House of Representatives; to provide for filing notice of candidacy in the event of extraordinary circumstances; to revise certain provisions relating to the return of qualifying fees to candidates; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 1133. By Representatives Casas of the 103rd, Ehrhart of the 36th, Lindsey of the 54th, Lewis of the 15th, Stephens of the 164th and others: A BILL to be entitled an Act to amend Titles 20 and 48 of the Official Code of Georgia Annotated, relating, respectively, to education and revenue and taxation, so as to provide for a program of educational improvement; to provide for definitions; to provide for student scholarship organizations; to provide for procedures; to provide for an income tax credit with respect to qualified education 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 for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1151. By Representatives Knight of the 126th, Tumlin of the 38th and Mosby of the 90th: A BILL to be entitled an Act to amend Titles 16 and 48 of the Official Code of Georgia Annotated, relating, respectively, to crimes and offenses and revenue and taxation, so as to change provisions regarding raffle operations by nonprofit, tax-exempt organizations; to change certain provisions regarding bingo definitions and licensing procedures; to change certain provisions regarding organizations exempt from state income tax; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. TUESDAY, MARCH 11, 2008 1749 HB 1158. By Representatives Stephens of the 164th, Scott of the 153rd, Cooper of the 41st, Channell of the 116th, Oliver of the 83rd and others: A BILL to be entitled an Act to fund the Georgia Trauma Trust Fund; to amend Article 5 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the Georgia Trauma Care Network Commission, so as to provide for certain reports; to provide for intent of the General Assembly with regard to certain funds for funding the Georgia Trauma Trust Fund; 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 impose a charge on certain motor vehicle registrations in this state which shall be transferred to the state treasury for the purpose of funding the Georgia Trauma Trust Fund; to provide for the collection of such charge; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1176. By Representatives Knight of the 126th, Smith of the 70th, Roberts of the 154th, McCall of the 30th, Wilkinson of the 52nd and others: A BILL to be entitled an Act to amend Title 36 of the O.C.G.A., relating to local government, and Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to redesignate and extensively revise certain provisions relating to land conservation projects; to amend Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to make a corresponding change in a cross-reference in certain provisions relating to the purpose and nature of the Oconee River Greenway Authority; to change certain provisions relating to powers and duties of the State Forestry Commission; to amend Article 1 of 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; to change certain provisions relating to purpose, powers, and duties of the authority; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 1181. By Representative Benton of the 31st: 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 revise provisions relating to acceptance of donations, grants, and federal aid for vocational or other educational purposes by the State Board of Education; to provide that the State School Superintendent is authorized to enter into contracts for $100,000.00 or less; to provide for related matters; to 1750 JOURNAL OF THE SENATE repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 1196. By Representatives Stephens of the 164th, Keen of the 179th, Burkhalter of the 50th and Mills of the 25th: 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 certain tax credits; to amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, so as to provide that funds invested by the state from the Seed-Capital Fund, with certain restrictions, may include funds from sources other than the investment entity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1216. By Representatives Stephens of the 164th, Smith of the 129th, Wilkinson of the 52nd, Maddox of the 172nd, Lunsford of the 110th and others: A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change regional development centers to regional commissions; to provide for new boundaries; to provide for definitions; to provide for membership in the commissions; to provide for legislative intent; to provide certain duties and powers to the state auditor regarding the regional commissions; to provide for duties and procedures regarding regional commissions relationship with other governmental entities; to provide for the transfer of certain assets, liabilities, contracts, staff, records, or debts of certain regional development centers; to amend the Official Code of Georgia Annotated to change references to reflect such changes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 1220. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Code Section 40-2-78 of the Official Code of Georgia Annotated, relating to a special license plate for firefighters, so as to provide that such license plates may be retained by the firefighters spouse upon the death of the firefighter; to provide for related matters; to TUESDAY, MARCH 11, 2008 1751 provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 1234. By Representatives Channell of the 116th, Cooper of the 41st, Parrish of the 156th, Stephens of the 164th, Hugley of the 133rd and others: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Medicaid Care Management Organizations Act"; to amend Code Section 31-8-171 of the Official Code of Georgia Annotated, relating to definitions relative to quality assessment fees on care management organizations, so as to revise a definition relating to quality assessment fees on care management organizations for purposes of conformity; to amend Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals relative to the Medicaid program, so as to provide that an administrative law judge can consolidate complaints or claims against a care management organization; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. HB 1238. By Representatives Ralston of the 7th, Bearden of the 68th and Levitas of the 82nd: A BILL to be entitled an Act to amend Article 3 of Chapter 4B of Title 43 of the Official Code of Georgia Annotated, relating to ticket brokers, so as to change certain provisions relating to the authority to resell tickets and service charges; to provide for certain Internet resale of tickets; to provide for a penalty; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 1244. By Representatives Martin of the 47th and Drenner of the 86th: A BILL to be entitled an Act to amend Code Section 48-7-29.11 of the Official Code of Georgia Annotated, relating to income tax credits for teleworking, so as to extend the period of time for which such credits are granted; to change the amount of certain credits; to change certain reporting requirements; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. 1752 JOURNAL OF THE SENATE HB 1246. By Representatives Peake of the 137th, Royal of the 171st and Parrish of the 156th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding state income taxes, so as to change certain provisions regarding income tax credits for certain business enterprises by including broadcasting; to change certain provisions regarding income tax credits for business enterprises in less developed areas by including broadcasting; to change certain provisions regarding income tax credits for qualified research expenses by including broadcasting; to change certain provisions regarding alternative tax credits for base year port traffic increases by including broadcasting; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1249. By Representatives Lewis of the 15th, Martin of the 47th, Millar of the 79th, Stephens of the 164th, Loudermilk of the 14th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide for an income tax credit with respect to solar energy technology manufacturing facilities; 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 for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1273. By Representative Fleming of the 117th: A BILL to be entitled an Act to amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to income tax credits for businesses creating new jobs in less developed areas, so as to change the criteria for determination of what constitutes a less developed area; to change provisions relating to the number of new jobs created as a criterion for eligibility for credits; 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. TUESDAY, MARCH 11, 2008 1753 HB 1274. By Representative Knight of the 126th: 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 income tax imposition, rate, computation, and exemptions, so as to change certain provisions relating to income tax credits for donations of real property for conservation purposes and carryover of credits; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1277. By Representatives Kaiser of the 59th and Holt of the 112th: A BILL to be entitled an Act to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for teachers and other school personnel in elementary and secondary education, so as to provide for teachers and employees of charter schools to be considered employees for purposes of participating in the health insurance plans for teachers and other school personnel; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 1293. By Representatives Ralston of the 7th and Willard of the 49th: 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 extend the period of review for the Supreme Courts consideration of applications for pretrial proceedings in cases in which the death penalty is sought; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 1297. By Representatives Mumford of the 95th, Levitas of the 82nd, Benfield of the 85th, Ralston of the 7th, Dukes of the 150th and others: A BILL to be entitled an Act to amend Chapter 24 of Title 15 and Title 17 of the Official Code of Georgia Annotated, relating to sexual assault protocol and criminal procedure, respectively, so as to afford greater protection to victims of sexual crimes; to change provisions relating to sexual assault protocol; to provide for preservation of evidence; to allow victims of certain sexual offenses to have the right to have a free forensic medical examination even if the victim refuses to otherwise cooperate with law enforcement; to allow 1754 JOURNAL OF THE SENATE victims of certain sexual offenses to refuse requests for polygraph examinations or other truth-telling devices; to allow the Criminal Justice Coordinating Council to waive subrogation 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 Judiciary Committee. HB 1299. By Representatives Jacobs of the 80th, Cooper of the 41st, Willard of the 49th, Geisinger of the 48th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to require that certain hospital authorities contract with nonprofit corporations for the operation and management of its hospitals; to provide for definitions; to provide that a hospital authority that is not in compliance shall not receive trauma funding; to provide for enforcement; to provide that failure to contract with a nonprofit organization shall be considered a minimum function of a hospital authority for purposes of removal of members; to provide that the Georgia Trauma Care Network Commission shall withhold trauma funds from a hospital authority which does not contract with a nonprofit organization; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. HB 1300. By Representatives Carter of the 175th, Dickson of the 6th, Coleman of the 97th, Teilhet of the 40th and Lindsey of the 54th: A BILL to be entitled an Act to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to the minimum school year and other matters, so as to provide that certain school days which were canceled due to disaster, emergency, act of God, and other occurrences do not have to be made up under certain circumstances; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 1303. By Representatives Coan of the 101st, Keen of the 179th, Ehrhart of the 36th, Peake of the 137th, Hamilton of the 23rd and others: A BILL to be entitled an Act to amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food service establishments, so as to provide that food nutrition information at food service TUESDAY, MARCH 11, 2008 1755 establishments shall not be regulated by any county board of health or political subdivision of this state; to provide for a definition of a certain term; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. HB 1314. By Representative Ralston of the 7th: A BILL to be entitled an Act to amend Title 5 and Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to appeal and error and prosecuting attorneys, respectively, so as to change provisions relating to the states right to appeal in criminal cases; to exclude the states appeal in criminal cases from the standard of review by appellate courts of first grant of new trial; to authorize the state to have the right of direct appeal in certain cases rather than having to seek certification; to provide the state with the right to appeal orders granting a defendant a bench trial over the objection of the state; to provide for direct appeal when a district attorney or solicitor is disqualified from prosecuting a case; to remove references to the former City Court of Atlanta; to amend Code Section 36-32-1 of the Official Code of Georgia Annotated, relating to establishment of municipal courts, so as to correct a cross-reference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 1335. By Representatives Coleman of the 97th, Jones of the 46th, Reese of the 98th and Casas of the 103rd: A BILL to be entitled an Act to amend Code Section 20-2-161 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Formula, so as to change program weights for funding purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 1346. By Representatives O`Neal of the 146th and Talton of the 145th: 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 create the offense of organized retail theft; to provide for definitions; to provide for 1756 JOURNAL OF THE SENATE forfeiture; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 1399. By Representatives Smyre of the 132nd, Hugley of the 133rd, Buckner of the 130th and Smith of the 131st: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on rooms, lodgings, and accommodations, so as to provide for a consolidated government destination services fee; to provide for procedures, conditions, and limitations; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HR 468. By Representative Houston of the 170th: A RESOLUTION commemorating Sheriff D. J. Connell and dedicating the Sheriff D. J. Connell Memorial Highway; and for other purposes. Referred to the Transportation Committee. HR 1078. By Representative Tumlin of the 38th: A RESOLUTION compensating Mr. Willie Otis "Pete" Williams; and for other purposes. Referred to the Appropriations Committee. HR 1246. By Representatives Richardson of the 19th, O`Neal of the 146th and Ehrhart of the 36th: A RESOLUTION proposing an amendment to the Constitution so as to provide for tax relief from ad valorem property taxes; to provide for a short title; to authorize additional tax relief including the elimination of ad valorem property taxes for educational purposes; to provide for optional homeowners incentive adjustments; to authorize the limited amending of conflicting local constitutional amendments; to provide for the automatic repeal of The Property Tax Reform Amendment unless specifically continued by general law; to provide for the revival and restoration of certain prior general and local constitutional provisions; to provide for the repeal of such provisions; to TUESDAY, MARCH 11, 2008 1757 provide for procedures; to provide for effective dates; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Finance Committee. HR 1427. By Representatives Hanner of the 148th and Rynders of the 152nd: A RESOLUTION honoring the life of Robert S. "Bob" Boney and dedicating the Robert S. "Bob" Boney State Prison in his memory; and for other purposes. Referred to the State Institutions and Property Committee. Pursuant to an earlier adopted motion the Senate was adjourned. 1758 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, March 12, 2008 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. 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 1406. By Representative Hill of the 21st: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Waleska, approved May 4, 1992 (Ga. L. 1992, p. 6774), as amended, so as to provide for four-year terms of office for the mayor and councilmembers; to provide for staggered terms of office; to provide for the initial implementation of the staggered terms; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. HB 1407. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson (now the board of commissioners of Atkinson County), approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved March 27, 1968 (Ga. L. 1968, p. 2882), an Act approved March 29, 1994 (Ga. L. 1994, p. 4418), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3791), so as to provide for the filling of vacancies on the board; to provide for the compensation for members of the board; to provide for the duties of the WEDNESDAY, MARCH 12, 2008 1759 chairperson; to provide for a quorum and the number of votes necessary to take action by the board; to provide for the approval of certain disbursements and expenditures; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1410. By Representatives Walker of the 107th and May of the 111th: A BILL to be entitled an Act to amend an Act changing the manner and method of choosing members of the board of education of Walton County, approved April 4, 1968 (Ga. L. 1968, p. 2974), as amended, so as to change the method of compensation of members of the board; to provide for related matters; to provide for 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 399. By Senators Tolleson of the 20th, Bulloch of the 11th, Henson of the 41st and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Code Section 12-8-40.1 of the Official Code of Georgia Annotated, relating to tire disposal restrictions, so as to extend the period during which certain fees imposed upon retail sales of new replacement tires may be collected; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 524. By Senator Golden of the 8th: A BILL to be entitled an Act to create the Valdosta-Lowndes County Parks and Recreation Authority and to authorize such Authority to provide parks and recreation services throughout Lowndes County; to provide for the membership and for the appointment of members of the authority; to define relevant terms; to provide that no debt of Lowndes County, the municipalities located therein, or other political subdivisions, within the meaning of Article IX, Section III, Paragraph I of the Constitution of the State of Georgia, shall be incurred by exercise of the powers granted; to provide that bonds be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate: 1760 JOURNAL OF THE SENATE SB 345. By Senators Harbison of the 15th, Douglas of the 17th, Moody of the 56th, Hooks of the 14th and Seay of the 34th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to adopt the Interstate Compact on Educational Opportunity for Military Children; to create the Interstate Commission on Educational Opportunity for Military Children; to provide for the members of the interstate commission and their service; provide for an executive committee and its membership and duties; to provide for the powers, duties, organization, and operations of the commission; to provide for oversight, enforcement, and dispute resolution; to provide for financing of the interstate commission; to provide for member states, effective date, and amendments; to provide for withdrawal and dissolution; to provide for binding effect and other laws; to provide for other 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 555. By Senator Chapman of the 3rd: A BILL to be entitled an Act to amend an Act entitled "An Act to consolidate and amend 'An Act to regulate public instruction in the County of Glynn,' approved February 21, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned," approved August 12, 1914 (Ga. L. 1914, p. 275), as amended, particularly by an Act approved October 25, 2001(Ga. L. 2001 Ex. Sess., p. 780), so as to change the provisions relating to compensation of members of the board of education; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SR 1120. By Senators Rogers of the 21st and Murphy of the 27th: A RESOLUTION requesting the Department of Transportation to do a safety evaluation and perform necessary repair work; and for other purposes. Referred to the Transportation Committee. SR 1147. By Senators Douglas of the 17th, Murphy of the 27th, Smith of the 52nd, Mullis of the 53rd and Carter of the 13th: A RESOLUTION creating the Senate Study Committee on Fleeing and Law WEDNESDAY, MARCH 12, 2008 1761 Enforcement Pursuits; and for other purposes. Referred to the Public Safety Committee. SR 1151. By Senators Fort of the 39th and Orrock of the 36th: A RESOLUTION urging various measures relating to Grady Memorial Hospital; and for other purposes. Referred to the Government Oversight Committee. SR 1152. By Senators Fort of the 39th and Orrock of the 36th: A RESOLUTION urging various measures by Fulton County, DeKalb County, and the Fulton-DeKalb Hospital Authority relating to Grady Memorial Hospital; and for other purposes. Referred to the Government Oversight 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 1361 Do Pass HB 1374 Do Pass HB 1385 Do Pass Respectfully submitted, Senator Wiles of the 37th District, Chairman The following legislation was read the second time: HB 422 The following Senators were excused for business outside the Senate Chamber: Hudgens of the 47th Thompson of the 33rd 1762 JOURNAL OF THE SENATE Senator Davenport of the 44th asked unanimous consent that Senator Thompson of the 5th 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 Balfour of the 9th 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: Balfour Brown Butler Carter Chance Chapman Cowsert Davenport Douglas Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Jackson Jones Me V Bremen Moody Mullis Orrock Pearson Powell Ramsey Reed Schaefer Seabaugh Seay Shafer,D Smith Staton Stoner Tarver Tate Thomas,D Thomas,R Tolleson Weber Wiles Williams Not answering were Senators: Adelman Hudgens (Excused) Rogers Unterman (Excused) Bulloch Johnson (Excused) Thompson, C. (Excused) Fort Murphy Thompson, S. (Excused) Senator Murphy 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 Grant of the 25th introduced the chaplain of the day, Pastor Jay Hodges of Milledgeville, Georgia, who offered scripture reading and prayer. WEDNESDAY, MARCH 12, 2008 1763 Senator Tarver of the 22nd recognized Coach Dave Odom, commended by SR 1140, adopted previously. Coach Dave Odom addressed the Senate briefly. The following resolutions were read and adopted: SR 1141. By Senator Tarver of the 22nd: A RESOLUTION recognizing the importance of promoting international education and urging Georgia's colleges and universities to place a high priority on international education; and for other purposes. SR 1161. By Senator Wiles of the 37th: A RESOLUTION recognizing March 12, 2008, as "Boy Scout Day in Georgia"; and for other purposes. Senators Harp of the 29th and Harbison of the 15th recognized the Greater Columbus Chamber of Commerce on being the first chamber in Georgia to receive a 5-Star Accreditation from the U.S. Chamber of Commerce, commended by SR 1058, adopted previously. Jim Wetherington, Mayor of Columbus, addressed the Senate briefly. Senator Butler of the 55th introduced Orrin "Checkmate" Hudson, commended by SR 1049, adopted previously. Orrin Hudson addressed the Senate briefly. The following resolutions were read and adopted: SR 1118. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Denise Facey; and for other purposes. SR 1119. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Barbara Harrell; and for other purposes. SR 1121. By Senators Rogers of the 21st and Murphy of the 27th: A RESOLUTION expressing regret at the passing of Dr. Zachary L. Voelz; and for other purposes. 1764 JOURNAL OF THE SENATE SR 1122. By Senators Rogers of the 21st and Murphy of the 27th: A RESOLUTION commending Honorable Kipling L. "Kip" McVay; and for other purposes. SR 1123. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Reverend Deacon Jimmie Flewellen; and for other purposes. SR 1124. By Senator Harbison of the 15th: A RESOLUTION commending Robin Huffman Pennock; and for other purposes. SR 1125. By Senator Harbison of the 15th: A RESOLUTION commending Elder Sandra Anderson; and for other purposes. SR 1126. By Senator Harbison of the 15th: A RESOLUTION commending DeMark F. Jones; and for other purposes. SR 1127. By Senator Harbison of the 15th: A RESOLUTION commending Tracy Williams; and for other purposes. SR 1128. By Senator Harbison of the 15th: A RESOLUTION commending Sarah Jackson; and for other purposes. SR 1129. By Senator Harbison of the 15th: A RESOLUTION commending Janice Foster; and for other purposes. SR 1130. By Senator Harbison of the 15th: A RESOLUTION commending Reverend Willie F. Phillips; and for other purposes. WEDNESDAY, MARCH 12, 2008 1765 SR 1131. By Senator Harbison of the 15th: A RESOLUTION commending George A. Hampton; and for other purposes. SR 1132. By Senator Harbison of the 15th: A RESOLUTION commending George Foster; and for other purposes. SR 1133. By Senator Harbison of the 15th: A RESOLUTION commending Michael V. Williams; and for other purposes. SR 1134. By Senator Harbison of the 15th: A RESOLUTION commending Therese T. Phillips; and for other purposes. SR 1135. By Senator Harbison of the 15th: A RESOLUTION commending Hattie Brown; and for other purposes. SR 1136. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Mr. Carlos Williams on being the recipient of the Silver Medal Lifetime Achievement Award; and for other purposes. SR 1137. By Senator Harbison of the 15th: A RESOLUTION commending Patricia Russell-McCloud; and for other purposes. SR 1138. By Senator Harbison of the 15th: A RESOLUTION commending Dr. John A. Phillips; and for other purposes. SR 1139. By Senator Harbison of the 15th: A RESOLUTION commending Lillie Childs; and for other purposes. SR 1140. By Senator Tarver of the 22nd: A RESOLUTION recognizing and commending Coach Dave Odom upon the occasion of his retirement; and for other purposes. 1766 JOURNAL OF THE SENATE SR 1142. By Senators Hill of the 32nd and Pearson of the 51st: A RESOLUTION recognizing the establishment of the Brazilian Consulate General; and for other purposes. SR 1143. By Senator Hill of the 32nd: A RESOLUTION honoring the life of and expressing regret at the tragic passing of Lauren A. Burk; and for other purposes. SR 1144. By Senator Hill of the 32nd: A RESOLUTION expressing regret at the untimely passing of Brock Meadows; and for other purposes. SR 1145. By Senators Davenport of the 44th, Jones of the 10th, Brown of the 26th, Fort of the 39th, Thomas of the 2nd and others: A RESOLUTION commending Dixon Grove Baptist Church; and for other purposes. SR 1146. By Senators Henson of the 41st, Thompson of the 5th, Ramsey, Sr. of the 43rd, Grant of the 25th, Weber of the 40th and others: A RESOLUTION commending Alvaro Lopez; and for other purposes. SR 1149. By Senators Golden of the 8th, Meyer von Bremen of the 12th, Hooks of the 14th, Carter of the 13th, Staton of the 18th and others: A RESOLUTION recognizing and commending Mr. William Pope "Billy" Langdale; and for other purposes. SR 1150. By Senator Chapman of the 3rd: A RESOLUTION recognizing and commending St. Marys First Presbyterian Church on the occasion of its bicentennial celebration; and for other purposes. SR 1153. By Senators Fort of the 39th and Reed of the 35th: A RESOLUTION recognizing New Grant Chapel AME Church on the occasion of its 114th anniversary; and for other purposes. WEDNESDAY, MARCH 12, 2008 1767 SR 1154. By Senators Chance of the 16th, Staton of the 18th, Rogers of the 21st, Harp of the 29th, Wiles of the 37th and others: A RESOLUTION recognizing and commending Carl V. Patton upon the occasion of his retirement from Georgia State University; and for other purposes. SR 1155. By Senator Harbison of the 15th: A RESOLUTION commending Mary Smith; and for other purposes. SR 1156. By Senator Chance of the 16th: A RESOLUTION commending Coach Jim Bailey; and for other purposes. SR 1157. By Senator Chance of the 16th: A RESOLUTION commending Captain Michael "Mike" Dwain Pruitt; and for other purposes. Senator Tate of the 38th introduced the doctor of the day, Dr. Adrienne D. Mims. Senator Hooks of the 14th recognized the Marion Middle School Archery Team, commended by SR 1076, adopted previously. Team member Jesse Williams addressed the Senate briefly. Senator Butler of the 55th recognized the 125th birthday of the City of Clarkston, commended by SR 726, adopted previously. Mayor Lee Swaney addressed the Senate briefly. Senator Chance of the 16th introduced Carl V. Patton upon the occasion of his retirement from Georgia State University, commended by SR 1154, adopted previously. Dr. Carl V. Patton, President of Georgia State University, addressed the Senate briefly. The following Senators were excused for business outside the Senate Chamber: Meyer von Bremen of the 12th Smith of the 52nd The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: 1768 JOURNAL OF THE SENATE SENATE LOCAL CONSENT CALENDAR Wednesday, March 12, 2008 Thirty-first Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 1361 Goggans of the 7th Golden of the 8th COOK COUNTY A BILL to be entitled an Act to create a board of elections and registration for Cook 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 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 1374 Goggans of the 7th STATE COURT OF CLINCH COUNTY A BILL to be entitled an Act to abolish the State Court of Clinch County; to repeal an Act to create and establish the State Court of Clinch County (formerly the County Court of Clinch County), approved January 29, 1943 (Ga. L. 1943, p. 731), as amended, particularly by an Act approved February 22, 1943 (Ga. L. 1943, p. 746), by an Act approved March 2, 1945 (Ga. L. 1945, p. 829), by an Act approved January 30, 1946 (Ga. L. 1946, p. 304), by an Act approved February 14, 1958 (Ga. L. 1958, p. 2080), by an Act approved March 30, 1971 (Ga. L. 1971, p. 2644), and by an Act approved March 27, 1985 (Ga. L. 1985, p. 4183); to provide that no further elections shall be held for judge or solicitor; to provide for the transfer of pending cases and matters; to provide for related matters; to provide for preclearance of this Act; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1385 WEDNESDAY, MARCH 12, 2008 1769 Hill of the 4th EFFINGHAM COUNTY A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Effingham County, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, particularly by an Act approved September 15, 2001 (Ga. L. 2001, Ex. Sess., p. 268), so as to change the provisions regarding the qualifications of members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Hooks Y Hudgens Y Jackson Y Johnson Y Jones E Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D E Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Y Williams 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. 1770 JOURNAL OF THE SENATE SENATE RULES CALENDAR WEDNESDAY, MARCH 12, 2008 THIRTY-FIRST LEGISLATIVE DAY HB 297 HR 1158 HB 1088 HB 1055 HB 301 HB 296 HB 291 HB 77 Recreational vehicle dealers; conventions; provide certain exemptions (ECD-20th) Freeman-140th Georgia BIO; commend (ECD-27th) Byrd-20th Economic Development, Department of; agricultural tourist attractions; provisions (ECD-14th) Parrish-156th Professions and licenses; certain provisions; make revisions (Substitute) (GvtO-16th) Williams-4th Dogfighting; prohibit; punishments; amend provisions (Substitute) (AG&CA-21st) Reese-98th Special elections; held on certain dates; provide (Substitute)(ETHICS-19th) May-111th Georgia Council for the Arts; Georgia Arts Alliance; create (Substitute) (ECD-16th) Wilkinson-52nd Motor vehicles; traffic-control signal monitoring devices; repeal provisions (Substitute)(PS&HS-27th) Loudermilk-14th 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 297. By Representatives Freeman of the 140th, Stephens of the 164th, Casas of the 103rd, England of the 108th, Roberts of the 154th and others: A BILL to be entitled an Act to amend Article 22B of Chapter 1of Title 10 of the Official Code of Georgia Annotated, relating to recreational vehicle dealers, so as to provide for certain exemptions for rallies or conventions WEDNESDAY, MARCH 12, 2008 1771 involving more than 2500 recreational vehicles; 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones E Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 53, nays 0. HB 297, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Seth Harp District 29 121-D State Capitol Atlanta, GA 30334 Committees: Higher Education Judiciary Appropriations Government Oversight Special Judiciary 1772 JOURNAL OF THE SENATE The State Senate Atlanta, Georgia 30334 3/12/08 I voted in favor of HB 297 and it did not register. /s/ Seth Harp District 29 Senator Tolleson of the 20th asked unanimous consent that HB 297 be immediately transmitted to the House. There was no objection. The Calendar was resumed. HR 1158. By Representatives Byrd of the 20th, Hill of the 21st, Pruett of the 144th, Levitas of the 82nd, Davis of the 122nd and others: A RESOLUTION saluting Georgia BIO and welcoming BIO 2009 to Atlanta, Georgia; and for other purposes. Senate Sponsor: Senator Murphy of the 27th. 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones E Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson WEDNESDAY, MARCH 12, 2008 1773 Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Pearson Y Powell Y Ramsey Y Reed Y Rogers E Unterman Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 54, nays 0. HR 1158, having received the requisite constitutional majority, was adopted. Senator Douglas of the 17th was excused for business outside the Senate Chamber. HB 1088. By Representatives Parrish of the 156th, Stephens of the 164th, Williams of the 4th, Smith of the 129th, Channell of the 116th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to provide for the designation of "agricultural tourist attractions"; to provide legislative findings; to provide for definitions; to provide that the Department of Economic Development in conjunction with the Department of Transportation post directional signs for agricultural tourist attractions; to provide for rules and regulations; to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to provide for directional signs for agricultural tourist attractions; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hooks of the 14th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate 1774 JOURNAL OF THE SENATE Y Davenport E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Ramsey Y Reed Y Rogers Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. HB 1088, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Ronald Ramsey, Sr. District 43 320-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Education and Youth Insurance and Labor Special Judiciary State and Local Governmental Operations Urban Affairs The State Senate Atlanta, Georgia 30334 3/12/08 This is to confirm that I was in the Chamber on this date at the time of the vote on HB 1088. I attempted to vote but it did not register. /s/ Senator Ronald Ramsey The Calendar was resumed. HB 1055. By Representatives Williams of the 4th, Dickson of the 6th, Tumlin of the 38th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and licenses, so as to make revisions to certain provisions relating to professions and licenses; to provide that a designee of the division director of the professional licensing boards may sign WEDNESDAY, MARCH 12, 2008 1775 and attest orders and processes; to amend certain requirements relating to applications for certification as a registered interior designer; to revise provision relating to inspector at auctions; to provide for service of documents and applications relating to geologists upon the division director at his or her office; to repeal certain provisions relating to license by reciprocity for massage therapists; to revise provisions relating to license by endorsement for massage therapists; to provide for certain education and training requirements satisfactory for the issuance of physical therapist licenses; to provide for licensure by endorsement for physical therapists; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Chance of the 16th. The Senate Government Oversight Committee offered the following substitute to HB 1055: A BILL TO BE ENTITLED AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and licenses, so as to make revisions to certain provisions relating to professions and licenses; to provide that a designee of the division director of the professional licensing boards may sign and attest orders and processes; to amend certain requirements relating to applications for certification as a registered interior designer; to revise a definition relevant to athletic trainers without expanding the scope of practice beyond the determination of an advising and consenting physician; to revise provisions relating to inspectors at auctions; to provide for service of documents and applications relating to geologists upon the division director at his or her office; to repeal certain provisions relating to license by reciprocity for massage therapists; to revise provisions relating to license by endorsement for massage therapists; to provide for certain education and training requirements satisfactory for the issuance of physical therapist licenses; to provide for licensure by endorsement for physical therapists; to provide for the establishment of the renewal period for expired licenses for veterinarians and veterinary technicians by the division director; 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 and businesses, is amended by revising subsection (b) of Code Section 43-1-3, relating to duties of division director and serving notice or process on boards through the division 1776 JOURNAL OF THE SENATE director, as follows: "(b) All orders and processes of the professional licensing boards shall be signed and attested by the division director, or his or her designee, in the name of the particular professional licensing board, with the seal of such board attached. Any notice or legal process necessary to be served upon any of the professional licensing boards may be served upon the division director." SECTION 2. Said title is further amended by revising paragraph (5) of subsection (b) of Code Section 43-4-32, relating to applications for certificates of registration, requirements, term of certificates, and renewal relative to registered interior designers, as follows: "(5) Except as otherwise provided in subsection (c) of this Code section, provides proof that the applicant has acquired a minimum four-year degree or first professional degree conferred by a college or university whose program is accredited by the National Architectural Accrediting Board or by another national or regional accrediting organization recognized by the board in a program of study in architecture or in a program of study in interior design approved by the Foundation for Interior Design Research Council for Interior Design Accreditation or in a substantially equivalent program of study approved by the board." SECTION 3. Said title is further amended by revising Code Section 43-5-1, relating to definitions relevant to athletic trainers, as follows: "43-5-1. (1) 'Athletic injury' means any injury sustained by a person as a result of such persons participation in exercises, sports, games, or recreation recreational activities, or any activities requiring physical strength, agility, flexibility, range of motion, speed, or stamina or any comparable injury which prevents such person from participating in such activities without respect to where or how the injury occurs. Nothing in this paragraph shall be construed to expand the scope of practice of an athletic trainer beyond the determination of the advising and consenting physician as provided for in paragraph (2) of this Code section. (2) 'Athletic trainer' means a person with specific qualifications, as set forth in Code Sections 43-5-7 and 43-5-8 who, upon the advice and consent of a physician, carries out the practice of prevention, recognition, evaluation, management, disposition, treatment, or rehabilitation of athletic injuries; and, in carrying out these functions, the athletic trainer is authorized to use physical modalities, such as heat, light, sound, cold, electricity, or mechanical devices related to prevention, recognition, evaluation, management, disposition, rehabilitation, and treatment. Nothing in this Code section shall be construed to require licensure of elementary or secondary school teachers, coaches, or authorized volunteers who do not hold themselves out to the public as athletic trainers. (3) 'Board' means the Georgia Board of Athletic Trainers." WEDNESDAY, MARCH 12, 2008 1777 SECTION 4. Said title is further amended by revising Code Section 43-6-18.1, relating to inspector at auctions, as follows: "43-6-18.1. The commission shall have a full-time an inspector with full inspection rights and privileges for all auctions conducted in this state. This inspector shall have the right to inspect any activity or lack thereof which may be a violation of this chapter or any documents or records pertaining to auction activities and to report any and all such violations or any improper or unlicensed practice, including but not limited to trust account violations." SECTION 5. Said title is further amended by revising Code Section 43-19-7, relating to service of appeals, documents, and legal process on division director relative to geologists, as follows: "43-19-7. 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 in Atlanta." SECTION 6. Said title is further amended by revising Code Section 43-24A-12, relating to license by reciprocity relative to massage therapists, as follows: "43-24A-12. Any applicant for a license by reciprocity as a massage therapist must submit a completed application upon a form and in such manner as the board prescribes, accompanied by applicable fees, and evidence satisfactory to the board that: (1) The applicant is at least 18 years of age; (2) The applicant is of good moral character. For purposes of this paragraph, 'good moral character' means professional integrity and a lack of any conviction for acts involving moral turpitude where the underlying conduct relates to the applicants fitness to practice massage therapy; (3) The applicant agrees to provide the board with any and all information necessary to perform a criminal background check and expressly consents and authorizes the board or its representative to perform such a check; and (4) The applicant is currently licensed as a massage therapist in another jurisdiction, state, or territory of the United States or foreign country which requires standards for licensure considered by the board to be equivalent to the requirements for licensure under this chapter. Reserved." SECTION 7. Said title is further amended by revising paragraph (4) of Code Section 43-24A-13, relating to license by endorsement relative to massage therapists, as follows: 1778 JOURNAL OF THE SENATE "(4) The applicant is either: (A) Is currently licensed as a massage therapist in another jurisdiction, state, or territory of the United States or foreign country which requires standards for licensure considered by the board to be equivalent to the requirements for licensure under this chapter; or (B) Has current certification by the National Certification Board for Therapeutic Massage and Bodywork or an equivalent certification approved by the National Commission for Certifying Agencies." SECTION 8. Said title is further amended by revising paragraph (2) of Code Section 43-33-12, relating to requirements for license to practice physical therapy, as follows: "(2) Has satisfactorily passed an examination prepared or approved by the board and has acquired any additional education and training required by the board; and" SECTION 9. Said title is further amended by revising Code Section 43-33-15, relating to reciprocity relative to licenses of physical therapists, as follows: "43-33-15. The board may grant to a person licensed in another state or territory of the United States full privileges to engage in equivalent practice authorized by this chapter without taking an examination, provided: (1) That such person is properly licensed under the laws of another state or territory or the United States; and (2) That the requirements for licensing in such other state or territory of the United States are substantially equal to the requirements for a similar license in this state. The board may, in its discretion, waive the examination provided for in paragraph (2) of Code Section 43-33-12 and may, subject to the provisions under Code Sections 4333-18 and 43-33-19, grant to a person licensed in another state or territory of the United States full privileges to engage in an equivalent practice authorized by this chapter to any person who has qualifications the board determines to be the substantial equivalent of the qualifications described under paragraph (1) of Code Section 43-33-12 and who is properly licensed under the laws of another state or territory of the United States; provided, however, that the license held by such person was issued after an examination which, in the judgment of the board, is the equivalent of the standards established by the board. In waiving the examination requirement, the board may require additional education or training." SECTION 10. Said title is further amended by revising subsection (b) of Code Section 43-50-40, relating to renewal of licenses and registrations, reinstatement, waiver of fee, continuing education, and inactive status relative to veterinarians and veterinary technicians, as follows: WEDNESDAY, MARCH 12, 2008 1779 "(b) Any person who shall practice veterinary medicine or veterinary technology after the expiration of his or her license or registration and willfully or by neglect fail to renew such license or registration shall be practicing in violation of this article, provided that any person may renew an expired license or registration within one year of the date of its expiration the period established by the division director in accordance with Code Section 43-1-4 by making written application for renewal and paying the current renewal fee plus all delinquent renewal applicable fees. After one year has elapsed from the date of the expiration the time period established by the division director has elapsed, such license or registration may be reinstated in accordance with the rules of the board." SECTION 11. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant N Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones E Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C N Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 2. 1780 JOURNAL OF THE SENATE HB 1055, having received the requisite constitutional majority, was passed by substitute. HB 301. By Representatives Reese of the 98th, Knight of the 126th, Roberts of the 154th, Williams of the 165th, Jacobs of the 80th and others: 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 dogfighting and related conduct; to provide for punishments; to define a term; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. The Senate Agriculture and Consumer Affairs Committee offered the following substitute to HB 301: 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 dogfighting and related conduct; to provide for punishments; to define a term; to provide for applicability; to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change certain provisions relating to definitions relative to Chapter 8 of said title; to change certain provisions relating to caring for an impounded animal; 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 provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. 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 revising Code Section 16-12-37, relating to dogfighting, as follows: "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 WEDNESDAY, MARCH 12, 2008 1781 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 'dog' means any domestic canine. (b) Any person who: (1) Owns, possesses, trains, transports, or sells any dog with the intent that such dog shall be engaged in fighting with another dog; (2) For amusement or gain, causes any dog to fight with another dog or for amusement or gain, causes any dogs to injure each other; (3) Wagers money or anything of value on the result of such dogfighting; (4) Knowingly permits any act in violation of paragraph (1) or (2) of this subsection on any premises under the ownership or control of such person or knowingly aids or abets any such act; or (5) Knowingly promotes or advertises an exhibition of fighting with another dog shall be guilty of a felony and, upon the first conviction thereof, shall be punished by imprisonment of not less than one nor more than five years, a fine of not less than $5,000.00, or both such fine and imprisonment. On a second or subsequent conviction, such person shall be punished by imprisonment of not less than one nor more than ten years, a fine of not less than $15,000.00, or both such fine and imprisonment. Each act or omission in violation of this subsection shall constitute a separate offense. (c) Any person who is knowingly present only as a spectator at any place for the fighting of dogs shall, upon a first conviction thereof, be guilty of a misdemeanor of a high and aggravated nature. On a second conviction, such person shall be guilty of a felony and shall be punished by imprisonment of not less than one nor more than five years, a fine of not less than $5,000.00, or both such fine and imprisonment. On a third or subsequent conviction, such person shall be punished by imprisonment of not less than one nor more than ten years, a fine of not less than $15,000.00, or both such fine and imprisonment. Each act in violation of this subsection shall constitute a separate offense. (d) Any dog subject to fighting 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 animal husbandry, training techniques, competition, events, shows, or practices not otherwise specifically prohibited by law and shall not apply to the following activities: (1) Owning, using, breeding, training, or equipping any animal to pursue, take, hunt, or recover wildlife or any animal lawfully hunted under Title 27 or participating in hunting or fishing in accordance with the 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) Owning, using, breeding, training, or equipping dogs 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, 2008; (3) Owning, using, breeding, training, or equipping dogs for law enforcement 1782 JOURNAL OF THE SENATE purposes; or (4) Owning, using, breeding, training, or equipping any animal to control damage from nuisance or pest species in and around structures or agricultural operations." PART II SECTION 2-1. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by revising paragraph (6) of Code Section 4-8-41, relating to definitions relative to Chapter 8 of said title, as follows: "(6) 'Vicious dog' means any dog that: (A) Inflicts inflicts a severe injury on a human being without provocation after the owner has notice that the dog has previously bitten or attacked or endangered the safety of a human being; or (B) Is owned, possessed, kept, harbored, trained, or maintained for the purpose of fighting. Such term shall not include a dog that inflicts an injury upon a person when the dog is being used by a law enforcement officer to carry out the law enforcement officers official duties. A dog shall not be a vicious dog if the injury inflicted by the dog was sustained by a person who, at the time, was committing a willful trespass or other tort or was tormenting, abusing, or assaulting the dog or had in the past been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime." SECTION 2-2. Said title is further amended by revising subsection (c) of Code Section 4-11-9.3, relating to caring for an impounded animal, as follows: "(c) Any person impounding an animal under this article is shall be authorized to return the such 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, was found to have failed to provide humane care to an animal, committed cruelty to animals, or engaged in dog fighting committed an act prohibited under Code Section 16-12-37 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 shall be given humane care and adequate and necessary veterinary services; (2) Such animal will shall not be subjected to cruelty; and (3) The owner will shall comply with this article." SECTION 2-3. Said title is further amended by revising subparagraph (b)(6)(B) of Code Section 4-119.5, relating to failure to respond, right to hearing, care, and crime exception, as follows: WEDNESDAY, MARCH 12, 2008 1783 "(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 fighting committed an act prohibited under Code Section 16-12-37 in violation of the laws of this state or of the United States or any of the several states, 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 shall be given humane care and adequate and necessary veterinary services; (ii) Such animal will shall not be subjected to mistreatment; and (iii) The owner will shall comply with this article." SECTION 2-4. Said title is further amended by revising subsection (a) of Code Section 4-11-17, relating to filing a report regarding animal cruelty and immunity, as follows: "(a) Notwithstanding Code Section 24-9-29 or any other provision of law to the contrary, any licensed accredited veterinarian or 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 fighting in violation of an act prohibited under 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." PART III SECTION 3-1. All laws and parts of laws in conflict with this Act are repealed. Senators Brown of the 26th and Rogers of the 21st offered the following amendment #1: Amend the Senate Agriculture and Consumer Affairs Committee substitute to HB 301 by inserting "to provide an effective date;" after "to provide for related matters;" on line 9 of page 1. By adding at the end of line 25 of page 2 the following: For purposes of such impoundment of a dog subject to fighting, humane care of such dog while impounded shall include but not be limited to mandatory neutering or spaying if the dog is not sterile. In addition to any punishment imposed under subsection (b) of this Code section, a dog owner convicted of violating any provision of said subsection shall be assessed the costs of neutering or spaying any dog belonging to him or her that has been impounded as a result of such violation. 1784 JOURNAL OF THE SENATE By redesignating Section 3-1 as Section 3-2. By inserting a new Section 3-1 to read as follows: SECTION 3-1. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. On the adoption of the amendment, there were no objections, and the Brown, Rogers amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones E Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 54, nays 0. HB 301, having received the requisite constitutional majority, was passed by substitute. WEDNESDAY, MARCH 12, 2008 1785 HB 296. By Representatives May of the 111th, Williams of the 178th, Roberts of the 154th, Lane of the 167th, Hembree of the 67th and others: A BILL to be entitled an Act to amend Code Section 21-2-540 of the Official Code of Georgia Annotated, relating to conduct of special elections generally, so as to provide that special elections to submit questions to the voters shall be held on certain dates; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Williams of the 19th. The Senate Ethics Committee offered the following substitute to HB 296: A BILL TO BE ENTITLED AN ACT To amend Code Section 21-2-540 of the Official Code of Georgia Annotated, relating to conduct of special elections generally, so as to provide that special elections to submit questions to the voters shall be held on certain dates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 21-2-540 of the Official Code of Georgia Annotated, relating to conduct of special elections generally, is amended by revising subsection (c) as follows: "(c)(1) Notwithstanding any other provision of law to the contrary, a special election to present a question to the voters or a special primary or special election to fill a vacancy in a county or municipal office shall be held only on one of the following dates which is at least 29 days after the date of the call for the special election: (A) In odd-numbered years, any such special election shall only be held on: (i) The third Tuesday in March; (ii) The third Tuesday in June; (iii) The third Tuesday in September; or (iv) The Tuesday after the first Monday in November; and (B) In even-numbered years, any such special election shall only be held on: (i) The third Tuesday in March; provided, however, that in the event that a special election is to be held under this provision in a year in which a presidential preference primary is to be held, then any such special election shall be held on the date of and in conjunction with the presidential preference primary; (ii) The date of the general primary; (iii) The third Tuesday in September; or (iv) The Tuesday after the first Monday in November. 1786 JOURNAL OF THE SENATE (2) Notwithstanding any other provision of law to the contrary, a special election to present a question to the voters shall be held only on one of the following dates which is at least 29 days after the date of the call for the special election: (A) In odd-numbered years, any such special election shall only be held on the third Tuesday in March or on the Tuesday after the first Monday in November; and (B) In even-numbered years, any such special election shall only be held on: (i) The date of and in conjunction with the presidential preference primary if one is held that year; (ii) The date of the general primary; or (iii) The Tuesday after the first Monday in November. (2)(3) The provisions of this subsection shall not apply to: (A) Special elections held pursuant to Chapter 4 of this title, the 'Recall Act of 1989,' to recall a public officer or to fill a vacancy in a public office caused by a recall election; and (B) Special primaries or special elections to fill vacancies in federal or state public offices." SECTION 2. This Act shall become effective on January 1, 2010. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones E Me V Bremen Y Moody Y Mullis Y Schaefer N Seabaugh Y Seay Y Shafer,D N Smith Y Staton Y Stoner Y Tarver Tate Y Thomas,D Y Thomas,R Y Thompson,C WEDNESDAY, MARCH 12, 2008 1787 Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 2. HB 296, having received the requisite constitutional majority, was passed by substitute. HB 291. By Representatives Wilkinson of the 52nd, Butler of the 18th, Rice of the 51st, Ashe of the 56th, Stephens of the 164th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 50 of the O.C.G.A., relating to the Georgia Council for the Arts, so as to create the Georgia Arts Alliance; to provide for legislative findings; to provide for certain reports and audits; to provide for development of a cultural policy for the State of Georgia; to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the O.C.G.A., relating to other educational programs for elementary and secondary education, so as to provide for the development of a Future Art and Music Teachers Pilot Program; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Chance of the 16th. The Senate Economic Development Committee offered the following substitute to HB 291: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Council for the Arts, so as to create the Georgia Arts Alliance; to provide for legislative findings; to foster a public-private partnership for support of the arts; to provide for the membership, appointment, terms, filling of vacancies, duties, and responsibilities of the board of trustees of the Georgia Arts Alliance; to provide for the creation, appointment, terms, filling of vacancies, duties, and responsibilities of an advisory committee to the alliance; to provide for certain reports and audits; to provide for development of a cultural policy for the State of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. 1788 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Council for the Arts, is amended by designating the existing text as Part 1 and inserting a new Part 2 to read as follows: "Part 2 50-12-30. The General Assembly finds that: (1) Tourism is Georgias second largest industry and cultural heritage tourism is the fastest growing industry segment; (2) The arts surpass professional sports in attendance and are ranked as one of the top ten reasons for corporate relocations; (3) The arts preserve history and heritage for Georgians; (4) The arts enhance education success for our children through the teaching of complex and abstract ideas; the nurturing of the development of cognitive, social, and personal competencies; and the reaching of otherwise unreachable students; (5) Preparing Georgia children for success in our competitive global economy that increasingly demands creative solutions to challenging problems is a fundamental obligation of the State of Georgia; (6) Utilizing all available tools to improve Georgias public schools is critical to demonstrating Georgias strong commitment to work force readiness and to encouraging continued job growth and relocation of attractive knowledge based industries within Georgia; (7) Research studies and experience in recent years demonstrate that the presence of arts in education, whether part of the curriculum or as supplemental programs, can increase students engagement in learning as well as their social and civic development; (8) Integrating arts in education in various ways as a meaningful part of the K12 school environment can have the following benefits: (A) Reaching and increasing the performance of students who often struggle to succeed in school, including disadvantaged students, English language learners, and students with disabilities; (B) Providing new challenges for those students already considered successful; (C) Improving the cognitive skills of students involved in reading, language development, and mathematics; (D) Lead to a students development of problem solving and critical and creative thinking skills; (E) Motivating students to learn and become more involved in their schools; (F) Increasing student attendance and engagement and lowering drop out rates; and (G) Promoting student self-confidence and fostering better relationships among WEDNESDAY, MARCH 12, 2008 1789 students and teachers; (9) Public funding support for the arts and the teaching and physical infrastructure needed to provide arts and arts in education is an essential part of Georgias efforts to improve education and provide for economic development and tourism; (10) Companies desire employees who can meet the challenges of a global economy and can apply creative thought to problem solving; (11) The arts build communities and increase the quality of life for Georgians; (12) Increasing the availability of the arts and tourism is a direct economic benefit for the economy of Georgia and will provide jobs and opportunities for our citizens; (13) It is in the best interests of this state and its citizens to support the arts, education, economic development, and tourism; and (14) The success and significant advances made by the Georgia Research Alliance as a public-private partnership in higher education demonstrates that a coordinated public-private partnership to focus resources on critical educational objectives is an efficient and flexible means for allocating resources and ensuring measurable results. 50-12-31. (a) In order to foster a public-private partnership for the support of the arts, education, economic development, and tourism in this state, there is created the Georgia Arts Alliance. Such alliance shall be for the purpose of receiving and distributing funds for the support of the arts, including the Georgia Council for the Arts, and the teaching and physical infrastructure needed to provide arts and arts in education in order to improve education and provide for economic development and tourism. The Georgia Arts Alliance shall not be an entity or agency of government, but shall be a private entity operating under and in accordance with the laws of this state. It is the intent of the General Assembly that such private entity take all necessary steps to become a Section 501(c)(3) entity under the Internal Revenue Code. (b)(1) The Georgia Arts Alliance shall be governed by a board of trustees consisting of ten members. The members of the board shall include the State School Superintendent, the commissioner of economic development, the Executive Director of the Georgia Council of the Arts, and seven members appointed by the Governor, Lieutenant Governor, and Speaker of the House as follows: the Governor shall appoint five members, one of which may be the head of a not for profit arts organization with an annual budget of more than $10 million, one of which may be the head of a not for profit organization with a budget of less than $10 million, one of which may be the chief executive officer of a for profit company with more than 1,000 employees, one of which may be the chief executive officer of a for profit company with less than 1,000 employees, and one of which who is a representative of a private charitable foundation; the Lieutenant Governor shall select one member who may be the head of a school district with more than 25,000 students; and the Speaker of the House shall select one member who may be the head of a school district with less than 25,000 students. (b)(2) The Governor shall appoint one member to serve as chairperson of the board 1790 JOURNAL OF THE SENATE of trustees. The board may elect such other officers as the board deems appropriate. The board shall meet at the call of the chairperson or the request of any three members. (c) The members of the board of trustees shall serve terms of four years and until their successors are appointed and qualified; provided, however, that the initial terms of the head of a not for profit arts organization with an annual budget of more than $10 million, the head of a school district with more than 25,000 students, and the chief executive officer of a for profit company with fewer than 1,000 employees in Georgia shall be for two years and until their successors are appointed and qualified. Thereafter, such members shall serve four-year terms and until their successors are appointed and qualified. The members of the board shall serve without compensation but may be reimbursed for actual and reasonable expenses incurred while on the business of the alliance. (d) The board of trustees shall appoint an advisory committee to assist the board members in their duties. Such advisory committee shall consist of not more than 30 members and shall be chaired by the executive director of the alliance. The advisory committee shall include at least two representatives from each of the states congressional districts. In making its appointments, the board shall select members of the boards of arts, education, economic development, and tourism organizations; persons who have shown a commitment to the arts in their communities; and persons who understand the needs of business, education, and the arts and tourism industries. Such members shall serve for four-year terms and until their successors are selected and qualified; provided, however, that the board of trustees shall designate 15 of the initial appointees to serve terms of two years and until their successors are selected and qualified. Such 15 members shall thereafter serve four-year terms and until their successors are selected and qualified. The members of the advisory committee shall serve without compensation but may be reimbursed for actual and reasonable expenses incurred while on the business of the advisory committee. 50-12-32. The Georgia Arts Alliance may have the following purposes: (1) To support the efforts of the Georgia Council for the Arts in the advancement of the arts and tourism industries of this state; (2) To support through the arts and arts education the efforts of the Georgia Department of Economic Development; (3) To support the improvement of public education in Georgia through the integration of the arts in education and to ensure that the benefits of arts education are competitively available to all schools; (4) To provide annually to individual public schools enabling matching grants for up to three years for a specified arts program or project for students based on competitive evaluation by the advisory board or a committee of the advisory board of the various proposals; (5) To provide annually to the Georgia Council for the Arts an incremental addition WEDNESDAY, MARCH 12, 2008 1791 to the councils funding from other sources to support professional development of teachers, teaching artists, and administrators for arts in education through learning grants to individuals; and to support employment of an art education specialist in both the Georgia Council for the Arts and the Department of Education; (6) To partner with a Learning Center for Excellence in the Arts serving all of Georgia which is owned or operated by an organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and which is part of a Music Center of Excellence serving all of Georgia and has an infrastructure in place to support at least 50,000 students in kindergarten through grade 12; (7) To receive, invest, and administer funds received, including without limitation funds from the state, the federal government, private donations, grants, and other sources to fulfill the purposes for which the alliance is created; (8) To attract contributions and grants for the purposes of the alliance; (9) To utilize funds of the alliance for matching dollars for federal and foundation grants to fulfill the purposes of the alliance; and (10) To engage in other activities designed to support Georgias arts and the teaching and physical infrastructure needed to provide arts and arts in education in order to improve education and provide for economic development and tourism. 50-12-33. The board of trustees shall have the following duties and responsibilities: (1) To operate and manage the Georgia Arts Alliance, including the investment and reinvestment of the alliances funds, the management of assets of the alliance, and the distribution of such funds and assets to fulfill the purpose of the alliance; (2) To enter into contracts with public and private entities for services needed by the alliance and to fulfill the purposes of the alliance; (3) To employ such staff and consultants as deemed necessary to fulfill the purposes of the alliance and to manage, invest, and administer funds and assets of the alliance; (4) To receive, retain, and invest donations, state and federal funding, grants, and other funds and assets; (5) To ensure that an annual independent audit is conducted of all funds and assets of the alliance; (6) To apply for and administer grants from public and private entities to fulfill the purposes of the alliance, to assist Georgia arts organizations in obtaining and administering grants for these purposes, and to partner with other organizations in order to obtain such grants; (7) To institute and administer grant programs for Georgia arts organizations and programs to fulfill the purposes of the alliance; (8) To ensure that determinations of any public funding recipients shall be based not on political expediency but rather on the projects contribution to the general welfare of its intended audience and the projects demonstration of its relative ability to provide benefits to the state and its citizens as quantified as required by paragraph 1792 JOURNAL OF THE SENATE (10) of this Code section. (9) To promote, fund, conduct, and assist in the development, provision, and expansion of arts education programs in Georgia and the teaching and physical infrastructure needed to provide arts and arts in education; (10) To develop a measurement consistent with state or national standards that will ensure that information provided by the alliance in any report to the Governor and the General Assembly concerning the impact of the arts on education, economic development, and tourism have verifiable metrics in order to aid the General Assembly in determining whether any public money expended in support of the arts provides quantifiable benefits to the state and its citizens; and (11) To perform such other tasks as may be appropriate to fulfill its purposes not inconsistent with law. 50-12-34. (a) The funds and assets of the alliance shall be independently audited annually, and the results of such audit shall be open to inspection at reasonable times by any person. A copy of the audit report shall be sent to the state auditor and the state accounting officer. (b) The alliance shall provide the Governor and the members of the General Assembly with a full report of its activities and funds distribution in December of each year with recommendations, if any, for legislation to assist the alliance in achieving its purposes. The report shall include information on the impact of the arts on education, economic development, and tourism, specifying the metric results using the measurement system developed by the alliance as required in paragraph (10) of Code Section 50-12-33. 50-12-35. The Georgia Arts Alliance may from time to time make written recommendations to the Governor and the General Assembly for strengthening of the arts in Georgia. The recommendations may include, but not be limited to, the following: (1) Strategies for promoting, both within Georgia and beyond, cultural tourism for all areas of the state; and (2) Recommendations regarding the use of arts in education and instruction in arts in the public schools." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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. WEDNESDAY, MARCH 12, 2008 1793 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones E Me V Bremen Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 53, nays 0. HB 291, having received the requisite constitutional majority, was passed by substitute. Senator Smith of the 52nd was excused for business outside the Senate Chamber. HB 77. By Representatives Loudermilk of the 14th, Scott of the 2nd, Franklin of the 43rd, Lunsford of the 110th, Mumford of the 95th and others: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to repeal provisions relating to traffic-control signal monitoring devices; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Murphy of the 27th. The Senate Public Safety Committee offered the following substitute to HB 77: A BILL TO BE ENTITLED AN ACT 1794 JOURNAL OF THE SENATE To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to require a permit from the Department of Transportation for the use of a traffic-control signal monitoring device; to provide for review of permits by the department; to provide for use of a certified peace officer to swear to a traffic light violation; to provide a definition; to provide for an engineering study; to provide for changing timing of the intersection clearance interval; to provide for reports to the Department of Transportation; to provide for disposition of funds collected through use of traffic-control signal monitoring devices; to provide for an administrative review of denied, suspended, or revoked permits; 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. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising paragraph (3) of subsection (f) of Code Section 40-6-20, relating to enforcement by traffic-control signal monitoring devices, as follows: "(3) For the purpose of enforcement pursuant to this subsection: (A) 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 traffic-control signal monitoring device, to have been operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and such disregard or disobedience was not otherwise authorized by law; (B) The law enforcement agency authorized to enforce the provisions of this Code section for which such device is permitted 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: (i) A citation for the alleged violation, which shall include the date and time of the violation, the location of the intersection, the amount of the civil monetary penalty imposed, and the date by which the civil monetary penalty shall be paid; (ii) A copy of the recorded image; (iii) A copy of a certificate sworn to or affirmed by a trained law enforcement certified peace officer or a technician employed by a law enforcement agency for which such device is authorized to enforce this Code section and stating that, based upon inspection of recorded images, the owners motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and that such disregard or disobedience was not otherwise authorized by law; (iv) A statement of the inference provided by subparagraph (D) of this paragraph and of the means specified therein by which such inference may be rebutted; (v) 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 WEDNESDAY, MARCH 12, 2008 1795 (vi) 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; 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 trafficcontrol signal monitoring device at such location; (C) Proof that a motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section shall be evidenced by recorded images produced by a traffic-control signal monitoring device authorized pursuant to Article 3 of Chapter 14 of this title. A copy of a certificate sworn to or affirmed by a trained law enforcement certified peace officer or a technician employed by a law enforcement agency for which such device is authorized and stating that, based upon inspection of recorded images, a motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and that such disregard or disobedience was not otherwise authorized by law shall be primafacie evidence of the facts contained therein; and (D) Liability under this subsection shall be determined based upon preponderance of the evidence. Prima-facie evidence that the vehicle described in the citation issued pursuant to this subsection was operated in violation of subsection (a) of this Code section, 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: (i) Testifies under oath in open court that he or she was not the operator of the vehicle at the time of the alleged violation; (ii) Presents to the court prior to the return date established on the citation a certified 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 (iii) Submits to the court prior to the return date established on the citation a sworn notarized statement identifying the name of the operator of the vehicle at the time of the alleged violation." SECTION 2. Said title is further amended by revising paragraph (8) of subsection (f) of Code Section 40-6-20, relating to enforcement by traffic-control signal monitoring devices, as follows: "(8) The provisions of this subsection shall not limit law enforcement agencies to the use of traffic-control signal monitoring devices in enforcing subsection (a) of this Code section; and, when there is evidence obtained from another source or sources which constitutes a prima-facie case of a violation of subsection (a) of this Code section, such violation may be prosecuted as otherwise provided by law in lieu of, but not in addition to, enforcement under this subsection. A governing authority shall not 1796 JOURNAL OF THE SENATE impose a civil penalty under this subsection on the owner of a motor vehicle if the operator of the vehicle was arrested or issued a citation and notice to appear by a peace officer for the same violation that is recorded by a traffic-control signal monitoring device." SECTION 3. Said title is further amended by revising Code Section 40-14-20, relating to definitions for the use of traffic-control signal monitoring devices, by redesignating paragraphs (1) and (2) as paragraphs (2) and (3) and adding a new paragraph (1) as follows: "(1) 'Governing authority' means any county, municipality, or consolidated government." SECTION 4. Said title is further amended by revising Code Section 40-14-21, relating to the use of traffic-control signal monitoring devices, as follows: "40-14-21. (a) A governing authority must obtain an operating permit from the Department of Transportation prior to using any traffic-control signal monitoring device. The law enforcement agency of any county or municipality governing authority shall not use traffic-control signal monitoring devices unless the chief law enforcement officer of such county or municipality governing authority desires the use of such devices and such use is approved by a properly adopted resolution of the governing authority. (b) The governing authority of the county or municipality shall also conduct a public hearing on the proposed use of such devices prior to entering any contract on or after July 1, 2001, for the use or purchase of such devices. (c) The Department of Transportation is authorized to prescribe by appropriate rules and regulations the manner and procedure in which applications shall be made for traffic-control signal monitoring device permits and to prescribe the required information to be submitted by an applicant consistent with the requirements of this title. The Department of Transportation may deny an application or suspend or revoke a permit for failure of the governing authority to provide requested information or documentation or for any other violation of this article or violation of the rules and regulations of the department. (d) An application for the operation of a traffic-control signal monitoring device by a governing authority shall name the intersection at which the device is to be used and provide demonstrable evidence that there is a genuine safety need for the use of such device at the designated intersection. The genuine safety need for each designated intersection shall be approved by the Department of Transportation in accordance with nationally recognized safety standards. For each designated intersection, the governing authority shall conduct a traffic engineering study to determine whether, in addition to or as an alternative to the traffic-control signal monitoring device, there are other possible design changes likely to reduce the number of accidents or red light violations at that intersection. This report shall be submitted with the application for an operation WEDNESDAY, MARCH 12, 2008 1797 permit required under these provisions and any request to amend the operation permit to include an additional intersection. (e) The revenue generated by the use of a traffic-control signal monitoring device shall not be considered when determining whether to issue a permit for the operation of such devices at a designated intersection. The only consideration shall be the increased lifesaving safety value by the use of such a device at the designated intersection. (f) Permits shall be issued by the Department of Transportation within three months of receiving a completed permit application from a governing authority where such governing authority is otherwise in compliance with the provisions of this article. An application for amendment to an existing permit and an application for a renewal permit following a suspension or revocation of a permit shall also be processed within three months of receipt of such application, provided that the application is complete and complies with the provisions of this article. A permit shall authorize use of a traffic-control signal monitoring device for only those designated intersections approved as having a genuine life-saving safety need by the Department of Transportation. (g) No county or municipal governing authority shall be authorized to use trafficcontrol signal monitoring devices where any arresting officer or official of the court having jurisdiction of traffic cases is paid on a fee system. This subsection shall not apply to any official receiving a recording fee. (c)(h) If a county or municipality governing authority elects to use traffic-control signal monitoring devices, no portion of any civil monetary penalty collected through the use of such devices may be paid to the manufacturer or vendor of the trafficcontrol signal monitoring devices. The compensation paid by the county or municipality governing authority for such devices shall be based on the value of such equipment and shall not be based on the number of citations issued or the revenue generated by such devices. (d)(1)(i) A Charges for violations based on evidence obtained from a traffic-control signal monitoring device shall not be used made by a law enforcement agency unless the law enforcement agency employs at least one full-time certified peace officer. (2) Failure of a law enforcement agency to continue to meet the standards provided by this subsection shall cause such agency to be ineligible to use traffic-control signal monitoring devices. (e)(j) A traffic-control signal monitoring device shall not be used to produce any photograph, microphotograph, electronic image, or videotape showing the identity of any person in a motor vehicle. (k) A governing authority utilizing traffic-control signal monitoring devices shall at all times cooperate fully with the Department of Transportation. The department is authorized, at any time, to inspect traffic-control signal monitoring devices used by a governing authority and any records pertaining to revenues collected from the use of such devices. (l) A permit may be amended at any time by amended application submitted by a governing authority. The request to amend an application and to add a new intersection 1798 JOURNAL OF THE SENATE to the list of authorized intersections for the operation of a traffic-control signal monitoring device shall be considered by the department in the same manner as original permit applications. (m) A permit shall be reviewed by the Department of Transportation once every three years from the date of issuance or date of the most recent extension unless the permit has been revoked or suspended by the department. The review shall be conducted in the same manner as the original permit application. (n) The department is authorized to set reasonable application fees to compensate the department for necessary costs in issuing, amending, or reviewing a permit to operate traffic-control signal monitoring devices. (o) Any governing authority operating a traffic-control signal monitoring device on December 31, 2008, shall have until January 1, 2010, to obtain a permit for the operation of such device as required by this Code section." SECTION 5. Said title is further amended by revising Code Section 40-14-22, relating to timing of traffic-control signals, as follows: "40-14-22. The timing of any traffic-control signal which is being monitored by a traffic-control signal monitoring device shall conform to regulations promulgated by the Department of Transportation pursuant to Code Section 32-6-50. The duration of the yellow or red light of any traffic-control device at which a traffic-control signal monitoring device is installed shall not be decreased prior to the installation of a device or during the time for which the device is operated. Each county or municipal law enforcement agency governing authority using a traffic-control signal monitoring device shall at its own expense test the device 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 device not meeting the manufacturers minimum accuracy requirements shall be removed from service and thereafter shall not be used by the county or municipal governing authority, nor shall any charges for violations based on evidence from such device be made by a law enforcement agency, until it such device has been serviced and calibrated at the expense of the law enforcement agency governing authority by a qualified technician." SECTION 6. Said title is further amended by revising Code Section 40-14-23, relating to signs to notify motorists of use of traffic-control signal monitoring devices, as follows: "40-14-23. Each county or municipality governing authority using traffic-control signal monitoring devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the jurisdictional limits of the county or municipality governing authority. A sign shall be erected also by such entity WEDNESDAY, MARCH 12, 2008 1799 on each public road on the approach to the next traffic-control signal for such road when a traffic-control signal monitoring device is monitoring such next signal for such road and signs shall also be erected at any other location required by the Department of Transportation. Such signs shall be at least 30 inches by 30 inches in measurement and shall warn approaching motorists that traffic-control signal monitoring devices are being employed of a design specified by the Department of Transportation in accordance with nationally recognized standards." SECTION 7. Said title is further amended by revising Code Section 40-14-24, relating to reports regarding use of traffic-control signal monitoring devices, as follows: "40-14-24. (a) Each county or municipality governing authority 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 Department of Transportation. 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. (b) If any governing authority fails to provide the report provided for in subsection (a) of this Code section all revenues generated from the operation of any traffic-control signal monitoring device from the date the report was due shall be forwarded to the general fund of the state. The governing authority shall not be entitled to retain any revenue until the annual report is filed and accepted by the Department of Transportation. (c) The Department of Transportation shall forward copies of all reports to the offices of the Governor, Lieutenant Governor, and the Speaker of the House by March 1 of each year. The department shall also forward to the offices of the Governor, Lieutenant Governor, and the Speaker of the House a complete list of all traffic-control signal monitoring devices currently in use." SECTION 8. Said title is further amended by adding at the end of Article 3 of Chapter 14, relating to traffic-control signal monitoring devices, new Code sections to read as follows: 1800 JOURNAL OF THE SENATE "40-14-25. (a) Complaints surrounding the use and operation of traffic-control signal monitoring devices by governing authorities, including the use by a governing authority for any purpose other than the promotion of the public health, welfare, and safety or in a manner which violates this article or violates its operating permit, may be made to the commissioner of transportation. The commissioner or the commissioners designee is authorized to conduct an investigation into the acts and practices of the governing authority with respect to the use of traffic-control signal monitoring devices. If, as a result of this investigation, there is evidence to substantiate a violation of this article or the rules and regulations of the Department of Transportation, the department may take any action deemed necessary to prevent further misconduct or violations, including denying an application for a permit or suspension or revocation of a permit. (b) There shall be a rebuttable presumption that a governing authority is using trafficcontrol signal monitoring devices for purposes other than the promotion of the public health, welfare, and safety if such devices are used by a governing authority without a valid permit issued by the Department of Transportation or in violation of any requirement of this article or the rules and regulations of the department. (c) Where a violation of this article by a governing authority or any law enforcement agency enforcing the use of traffic-control signal monitoring devices on behalf of such governing authority is substantiated, the Department of Transportation may order that revenues generated from the use of traffic-control signal monitoring devices during the time of such violation or misconduct shall be remitted to the states general fund. The departments order to remit funds shall be a continuous order until the violation is corrected by the governing authority as determined by the department. Any governing authority failing to abide by such order shall be liable for interest and costs, including reasonable attorneys fees, incurred in the enforcement of the order. Jurisdiction for enforcing the departments order shall be in the Superior Court of Fulton County. 40-14-26. (a) Upon issuance by the commissioner of transportation of an order denying an application for or suspending or revoking a traffic-control signal monitoring device permit, the governing authority affected shall be afforded a hearing, to be held within 30 days of the effective date of the order. The hearing shall be held before the commissioner of the department or his or her designee, and, within 30 days following the hearing, the governing authority affected shall be served with a written decision announcing whether the permit shall remain denied, suspended, or revoked or whether it shall be granted or reinstated. (b) Only after the expiration of three years following the revocation of a traffic-control signal monitoring device permit, shall the governing authority make application, upon a change of circumstances being shown, to the commissioner of transportation for a reconsideration of whether the governing authority should be permitted to use trafficcontrol signal monitoring devices." WEDNESDAY, MARCH 12, 2008 SECTION 9. This Act shall become effective December 31, 2008. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. 1801 Senator Balfour of the 9th requested a ruling of the Chair as to the germaneness of all of the following amendments: Senators Rogers of the 21st, Cowsert of the 46th and Seabaugh of the 28th offered the following amendment #1: Amend the committee substitute to HB 77 by striking the words first-class on line 24 of page 1 and replace with "certified" and insert after the word "mail" on line 24 of page 1 ", return receipt requested," The President ruled the Rogers et al. amendment #1 germane. On the adoption of the amendment, there were no objections, and the Rogers et al. amendment #1 to the committee substitute was adopted. Senator Murphy of the 27th offered the following amendment #2: Amend the Senate Public Safety Committee substitute to House Bill 77 (LC 35 0861S) by striking the word "genuine" on line 17 of page 4. By inserting on line 22 of page 4 between the word "design" and the word "changes" the following: or operational By striking on line 1 of page 5 the words "genuine life saving" inserting the following: documented Senator Murphy of the 27th asked unanimous consent that his amendment #2 be withdrawn. The consent was granted, and the Murphy amendment #2 was withdrawn. Senators Cowsert of the 46th, Rogers of the 21st, Goggans of the 7th, Mullis of the 53rd and Wiles of the 37th offered the following amendment #3: Amend the Senate Public Safety Committee substitute to HB 77 (LC 35 0861S) by deleting line 3 of page 3 and inserting in lieu thereof the following: (i) Testifies under oath in open court or submits to the court prior to the return date 1802 JOURNAL OF THE SENATE established on the citation a sworn notarized statement that he or she was not the operator of the vehicle The President ruled the Rogers et al. amendment #3 germane. Senator Balfour of the 9th offered the following amendment #3a: Amend amendment #3 to HB 77 by amending AM 34 0223 by inserting on line 5 after the word "vehicle" the following: ". Such notarized statement must contain the phrase: `False swearing in Georgia is a felony.'" The President ruled the Rogers et al. amendment #3a germane. Senators Cowsert of the 46th, Goggans of the 7th and Rogers of the 21st offered the following amendment #4: Amend the Senate Public Safety Committee substitute to HB 77 (LC 35 0861S) by deleting lines 11 through 26 on page 6 and inserting in lieu thereof the following: The timing of any traffic-control signal which is being monitored by a traffic-control signal monitoring device shall conform to regulations promulgated by the Department of Transportation pursuant to Code Section 32-6-50. Under no circumstances shall the yellow light interval be less than 4.5 seconds, as set forth in the Institute of Transportation Engineers Manual. Each county or municipal law enforcement agency using a traffic-control signal monitoring device shall at its own expense test the device 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 device 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 the expense of the law enforcement agency by a qualified technician." The President ruled the Cowsert et al. amendment #4 to the committee substitute not germane. Senator Brown of the 26th offered the following amendment #5: Amend the Senate Public Safety Committee substitute to HB 77 (LC 35 0861S) by deleting lines 27 through 31 on page 7 and inserting in lieu thereof the following: (b) It is the intent of the General Assembly, subject to the appropriations process, that all revenues generated from the operation of a traffic-control signal monitoring device, less WEDNESDAY, MARCH 12, 2008 1803 the actual costs to the local political subdivision of installation, maintenance, and operation, shall be used to fund the Georgia Trauma Care Network. Senator Shafer of the 48th offered the following amendment #5a: Amend amendment #5 to the Senate committee substitute to HB 77 by striking the word "all" on line 3 and replacing it with the words "one-third of the" The President ruled the Brown amendment #5 to the committee substitute not germane. The Shafer amendment #5a to the Brown amendment #5 became moot. Senator Hill of the 32nd offered the following amendment #6: Amend the Senate committee substitute (LC 35 0861S) to HB 77 by inserting on page 1 line 26 the words "receipt of the" before the word "alleged" and by striking on page 3 line 5 the word "prior" and inserting in lieu thereof the word "by" and by striking on page 3 line 8 the word "prior" and inserting in lieu thereof the word "by" Senator Hill of the 32nd asked unanimous consent that his amendment #6 be withdrawn. The consent was granted, and the Hill of the 32nd amendment #6 to the committee substitute was withdrawn. Senator Brown of the 26th offered the following amendment #7: Amend HB 77 by amending the Senate Public Safety committee substitute to HB 77 (LC 35 0861S) by deleting lines 27 through 31 on page 7 and inserting in lieu thereof the following: (b) Subject to the appropriations process, that all revenues generated from the operation of a traffic control signal monitoring device, less the actual costs to the local political subdivision of installation, maintenance, and operation, shall be used to fund the Georgia Trauma Care Network. Senator Williams of the 19th moved that HB 77 be placed on the Table. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown Y Heath Y Henson Y Hill,Jack Y Schaefer Y Seabaugh Y Seay 1804 JOURNAL OF THE SENATE Y Bulloch N Butler Y Carter Y Chance Chapman Y Cowsert N Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson N Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Shafer,D E Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 49, nays 4; the motion prevailed, and HB 77 was placed on the Table. Senator Williams of the 19th moved that the Senate stand adjourned pursuant to SR 1148 until 10:00 a.m. Tuesday, March 18, 2008; the motion prevailed, and at 12:21 p.m. the President announced the Senate adjourned. TUESDAY, MARCH 18, 2008 1805 Senate Chamber, Atlanta, Georgia Tuesday, March 18, 2008 Thirty-second Legislative Day The Senate met pursuant to adjournment at 10:15 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: SR 1165. By Senators Chance of the 16th, Douglas of the 17th, Grant of the 25th and Mullis of the 53rd: A RESOLUTION urging the State of Georgia to provide for specialized training of Emergency Medical Services (EMS) personnel by creating and funding an EMS instructor at the Georgia Public Safety Training Center; and for other purposes. Referred to the Rules Committee. SR 1166. By Senators Staton of the 18th, Rogers of the 21st, Douglas of the 17th and Heath of the 31st: A RESOLUTION to create the Senate Public and Legal Notices Study Committee; and for other purposes. Referred to the Rules Committee. SR 1167. By Senator Rogers of the 21st: A RESOLUTION creating the Senate Local Sales Tax Collection Study Committee: creating the Local Sales Tax Collection Advisory Committee; and for other purposes. Referred to the Rules Committee. 1806 JOURNAL OF THE SENATE SR 1172. By Senator Jones of the 10th: A RESOLUTION urging Congress, governmental agencies, and the automobile industry to substitute the term "life belt" for "seat belt" and "life bag" for "air bag"; and for other purposes. Referred to the Rules Committee. The following House legislation was read the first time and referred to committee: HB 1406. By Representative Hill of the 21st: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Waleska, approved May 4, 1992 (Ga. L. 1992, p. 6774), as amended, so as to provide for four-year terms of office for the mayor and councilmembers; to provide for staggered terms of office; to provide for the initial implementation of the staggered terms; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1407. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson (now the board of commissioners of Atkinson County), approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved March 27, 1968 (Ga. L. 1968, p. 2882), an Act approved March 29, 1994 (Ga. L. 1994, p. 4418), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3791), so as to provide for the filling of vacancies on the board; to provide for the compensation for members of the board; to provide for the duties of the chairperson; to provide for a quorum and the number of votes necessary to take action by the board; to provide for the approval of certain disbursements and expenditures; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1410. By Representatives Walker of the 107th and May of the 111th: A BILL to be entitled an Act to amend an Act changing the manner and method of choosing members of the board of education of Walton County, approved April 4, 1968 (Ga. L. 1968, p. 2974), as amended, so as to change the method of compensation of members of the board; to provide for related TUESDAY, MARCH 18, 2008 1807 matters; 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: 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 881 Do Pass by substitute HB 1286 Do Pass Respectfully submitted, Senator Weber of the 40th 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 984 Do Pass by substitute HB 1041 Do Pass as amended HB 1105 Do Pass by substitute HB 1222 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 1245 Do Pass by substitute Respectfully submitted, Senator Smith of the 52nd District, Chairman 1808 JOURNAL OF THE SENATE Mr. President: The Public Safety Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 983 Do Pass Respectfully submitted, Senator Murphy of the 27th 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 1089 HB 1109 HB 1250 HB 1308 Do Pass Do Pass Do Pass Do Pass HB 1382 HB 1387 HB 1388 SB 553 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 981 Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Chairman The following Senators were excused for business outside the Senate Chamber: Powell of the 23rd Thompson of the 33rd TUESDAY, MARCH 18, 2008 The roll was called and the following Senators answered to their names: Adelman Balfour Brown Bulloch Butler Carter Chance Chapman Cowsert Davenport Douglas Fort Goggans Golden Grant Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Jones Me V Bremen Moody Mullis Murphy Ramsey Reed Rogers Schaefer Seabaugh Seay Shafer,D Smith Staton Stoner Tarver Thomas,D Thomas,R Tolleson Unterman Weber Wiles Williams Not answering were Senators: Hamrick Pearson Thompson, C. Johnson Powell (Excused) Thompson, S. (Excused) Orrock Tate The members pledged allegiance to the flag. 1809 Senator Hawkins of the 49th introduced the chaplain of the day, Reverend Jim Bochian of Gainesville, Georgia, who offered scripture reading and prayer. Senator Schaefer of the 50th recognized the Tallulah Falls School on the occasion of its centennial celebration, commended by SR 1100, adopted previously. Larry A. Peevy, President of Tallulah Falls School, addressed the Senate briefly. The following resolutions were read and adopted: SR 1158. By Senator Carter of the 13th: A RESOLUTION recognizing and commending the Tifton Mavericks; and for other purposes. 1810 JOURNAL OF THE SENATE SR 1159. By Senators Heath of the 31st and Hamrick of the 30th: A RESOLUTION recognizing Mrs. Mary Sue Driver Caldwell; and for other purposes. SR 1160. By Senator Douglas of the 17th: A RESOLUTION recognizing and commending the Eastside High School Wrestling Team; and for other purposes. SR 1162. By Senator Schaefer of the 50th: A RESOLUTION recognizing and commending White County for being designated this state's newest Entrepreneur Friendly community. SR 1163. By Senator Schaefer of the 50th: A RESOLUTION recognizing and commending Habersham County for being designated this state's newest Entrepreneur Friendly community. SR 1164. By Senator Meyer von Bremen of the 12th: A RESOLUTION expressing regret at the passing of Bob Boren; and for other purposes. SR 1168. By Senators Hill of the 4th and Williams of the 19th: A RESOLUTION recognizing and commending First Sergeant Ernest B."Bruce" Oliver on the occasion of his retirement from the Georgia Army National Guard; and for other purposes. SR 1169. By Senator Hill of the 4th: A RESOLUTION celebrating the centennial anniversary of the Town of Portal; and for other purposes. SR 1170. By Senators Hill of the 4th and Williams of the 19th: A RESOLUTION recognizing and honoring the Rotary Corporation; and for other purposes. TUESDAY, MARCH 18, 2008 1811 SR 1171. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION recognizing December 13 of each year as Flat Rock Archives Day; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Grant of the 25th Harbison of the 15th 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 18, 2008 Thirty-second Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 553 Mullis of the 53rd Thomas of the 54th CITY OF RINGGOLD A BILL to be entitled an Act to amend an Act incorporating the City of Ringgold, approved March 15, 1943 (Ga. L. 1943, p. 1508), as amended, particularly by an Act approved March 14, 1984 (Ga. L. 1984, p. 4171), so as to change the corporate limits of the city; to annex additional territory; to repeal conflicting laws; and for other purposes. HB 1089 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 29, 2007 (Ga. L. 2007, p. 4154), so as to change the compensation of the judge and 1812 HB 1109 HB 1250 HB 1308 JOURNAL OF THE SENATE the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Wiles of the 37th COBB COUNTY A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4217), 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. 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 29, 2007 (Ga. L. 2007, p. 4086), 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. 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 29, 2007 HB 1382 HB 1387 HB 1388 TUESDAY, MARCH 18, 2008 1813 (Ga. L. 2007, p. 4136), so as to change the compensations of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Pearson of the 51st GILMER COUNTY A BILL to be entitled an Act to create the Gilmer County Kids Kottage Commission; to provide for a short title; to provide for the manner of appointment of members; to provide for membership; to provide for definitions; to provide for organization; to provide for powers and duties; to provide for immunity; to provide for charitable and public functions; to provide for treatment under the Internal Revenue Code as a tax exempt organization; to provide for actions; to provide for construction; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Tolleson of the 20th TELFAIR COUNTY A BILL to be entitled an Act to provide for an advisory referendum election to be held in Telfair County for the purpose of ascertaining whether constitutional officers should continue to have term limits; to provide for procedures, requirements, and other matters relative thereto; to make a certain declaration; to repeal conflicting laws; and for other purposes. Tolleson of the 20th TELFAIR COUNTY A BILL to be entitled an Act to provide for an advisory referendum election to be held in Telfair County for the purpose of ascertaining whether the form of government in Telfair County should be changed from a board of commissioners consisting of five members elected from commissioner districts with the chairperson elected by the board members from among their number to a board of commissioners consisting of four members elected from commissioner districts and a fifth member to serve as a chairperson elected by the electors from the county at large; to provide for procedures, requirements, and other matters relative thereto; to make 1814 JOURNAL OF THE SENATE a certain declaration; 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 Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Murphy Y Orrock Y Pearson E Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Tolleson Y Unterman Y Weber Wiles Y Williams On the passage of the local legislation, the yeas were 47, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator John Wiles District 37 324 Coverdell Legislative Office Building Atlanta, GA 30334 Committees: State and Local Governmental Operations Administrative Affairs Health and Human Services Higher Education Judiciary Urban Affairs Appropriations TUESDAY, MARCH 18, 2008 1815 The State Senate Atlanta, Georgia 30334 March 18, 2008 Dear Mr. Secretary, I pressed the button on my voting machine to vote yes for the local calendar but my yes vote failed to register. Yours truly, /s/ John Wiles Senator Adelman of the 42nd introduced the doctor of the day, Dr. Hogai Nassery. Senator Tarver of the 22nd was excused for business outside the Senate Chamber. SENATE RULES CALENDAR TUESDAY, MARCH 18, 2008 THIRTY-SECOND LEGISLATIVE DAY HB 579 Landlord liens; definitions; provisions (B&FI-25th) Scott-153rd HB 961 Persons with disabilities; special parking permits and license plates; change certain provisions (Substitute)(VM&HS-7th) Sims-169th HB 1019 Georgia Transportation Infrastructure Bank Act; enact (Substitute) (TRANS-53rd) Lunsford-110th HB 1111 Drivers' licenses; requirements; fees; provisions (Substitute) (PUB SAF-53rd) Floyd-147th HB 1201 Georgia Emergency Management Agency Nomenclature Act of 2008; enact (VM&HS-53rd) Day-163rd Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: 1816 JOURNAL OF THE SENATE HB 579. By Representative Scott of the 153rd: A BILL to be entitled an Act to amend Part 2 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens by landlords, so as to provide for certain definitions; to provide for the assessment of certain storage charges on certain manufactured or mobile homes by real property owners; to provide for the establishment of a lien on manufactured or mobile homes for certain storage costs; to provide for certain notices; to provide for remedies; to provide for related matters; 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 Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Pearson E Powell Y Ramsey Y Reed Y Rogers Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner E Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 1. HB 579, having received the requisite constitutional majority, was passed. TUESDAY, MARCH 18, 2008 1817 HB 961. By Representatives Sims of the 169th, Lewis of the 15th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain provisions relating to special parking permits and license plates for persons with disabilities; to provide for suspension of drivers licenses upon conviction of certain offenses related to such special parking permits and license plates; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Goggans of the 7th. The Senate Veterans, Military and Homeland Security Committee offered the following substitute to HB 961: A BILL TO BE ENTITLED AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain provisions relating to special parking permits and license plates for persons with disabilities; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended in Code Section 40-2-74.1, relating to special parking permits for persons with disabilities, by revising subsections (a), (b), and (c) as follows: "(a) The department shall issue parking permits for persons with disabilities and may delegate to county tag agents the responsibility for issuance of such permits to residents of the county served by the tag agent. The department shall receive applications for and issue parking permits by mail to persons with disabilities upon presentation of an affidavit of a practitioner of the healing arts licensed doctor of medicine, licensed doctor of osteopathic medicine, licensed doctor of podiatric medicine, or licensed optometrist stating that such person is a disabled person, the specific disability that limits or impairs the persons ability to walk, and that he or she is a person with disabilities as specified in paragraph (5) of Code Section 40-6-221. Permits shall be in such form as the department prescribes but shall be of sufficient size and sufficiently distinctively marked to be easily visible when placed on or affixed to the drivers side of the dashboard or hung from the rearview mirror of the parked vehicle. Permits shall be made of plastic or heavyweight cardboard and shall be of sufficient quality to ensure that the coloring of the permit and the ink used thereon will resist fading for a period of at least four years. The front and back surfaces of the permit shall be laminated to 1818 JOURNAL OF THE SENATE prevent alteration of the information printed underneath on the permit. Permits shall be issued to individuals, and the name of the individual and an identification number shall appear on the permit. The individual to whom a permit is issued may use the permit for any vehicle he or she is operating or in which he or she is a passenger. Permits shall also be issued to institutions when the primary purpose of a vehicle operated by the institution is to transport individuals with disabilities. The name of the institution, the license number of the particular vehicle, and an identification number shall appear on the permit. The institution shall use such permit only for a vehicle which is operated by the institution and which is used primarily to transport individuals with disabilities. (b) The department shall issue a temporary permit to any temporarily disabled person upon presentation of an affidavit of a practitioner of the healing arts licensed doctor of medicine, licensed doctor of osteopathic medicine, licensed doctor of podiatric medicine, or licensed optometrist stating that such person is a temporarily disabled person, the specific disability that limits or impairs the persons ability to walk, that he or she is a person with disabilities as specified in paragraph (5) of Code Section 40-6221, and a date until which such person is likely to remain disabled. The temporary permit shall be predominantly red in color vary in color from one period to the next renewal period and shall show prominently on its face an expiration date the same as the date specified by the physician such doctor for the likely termination of the disability, which date shall not be more than 180 days after the date the permit is issued. The expiration date shall be machine printed, not handwritten, in a boldface type of sufficient size of print that is to be legible when the permit is displayed on the drivers side of the dashboard or hung from the rearview mirror. (c) The department shall issue a permanent permit to any permanently disabled person upon presentation of an affidavit of a practitioner of the healing arts licensed doctor of medicine, licensed doctor of osteopathic medicine, licensed doctor of podiatric medicine, or licensed optometrist stating that such person is a permanently disabled person. The affidavit shall further state the specific disability that limits or impairs the persons ability to walk or that he or she is a person with disabilities as specified in subparagraph (G) of paragraph (5) of Code Section 40-6-221. The department shall also issue a permanent permit to an institution which operates vehicles used primarily for the transportation of individuals with disabilities upon presentation of a certification from the institution regarding use of its vehicles. The institution shall receive permits only for the number of vehicles so used and shall affix the permits to the drivers side of the dashboards of such vehicles. The permanent permit shall be predominantly blue in color and shall show prominently on its face an expiration date four years from the date it is issued. The expiration date shall be machine printed, not handwritten, in a boldface type of sufficient size of print that is to be legible when the permit is displayed on the drivers side of the dashboard or hung from the rearview mirror." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. TUESDAY, MARCH 18, 2008 1819 Senators Unterman of the 45th and Goggans of the 7th offered the following amendment #1: Amend the Senate committee substitute to HB 961 by amending page one, line 14, omit the word "or", after licensed optometrist, add comma "or licensed chiropractor" amending page two, line 8 & line 9, omit the word "or", after licensed optometrist, add comma, "or licensed chiropractor" amending page two, line 21 omit the word "or", after licensed optometrist, add comma, "or licensed chiropractor" renumber accordingly. On the adoption of the amendment, the President asked for unanimous consent. Senator Heath of the 31st objected. On the adoption of the amendment, the yeas were 35, nays 3, and the Unterman, Goggans amendment #1 to the committee substitute was adopted. Senators Shafer of the 48th and Douglas of the 17th offered the following amendment #2: Amend the Senate Veterans, Military and Homeland Security Committee substitute to HB 961 by inserting following "medicine," on line 13 of page 1 and lines 7 and 20 of page 2 the following: licensed doctor of chiropractic, Senator Shafer of the 48th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Shafer, Douglas amendment #2 to the committee substitute was withdrawn. On the adoption of the substitute, there were no objections, 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 Heath Y Henson Y Hill,Jack Y Schaefer Y Seabaugh Y Seay 1820 JOURNAL OF THE SENATE Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Hawkins Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson E Powell Y Ramsey Y Reed Y Rogers Y Shafer,D Y Smith Y Staton Y Stoner E Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. HB 961, having received the requisite constitutional majority, was passed by substitute. HB 1019. By Representatives Lunsford of the 110th, Smith of the 129th, Mills of the 25th, Sheldon of the 105th, Dempsey of the 13th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; to provide for a short title; to provide for governance of the bank; to provide for the functions of the bank in general and in particular with respect to the financing of transportation projects of government units; to define terms; to provide for the powers, duties, governance, and operations of the bank; to provide for capitalization of the bank and funding sources; to authorize the issuance of bonds by the authority for purposes of the bank; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. The Senate Transportation Committee offered the following substitute to HB 1019: A BILL TO BE ENTITLED AN ACT TUESDAY, MARCH 18, 2008 1821 To amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; to provide for a short title; to provide for governance of the bank; to provide for the functions of the bank in general and in particular with respect to the financing of transportation projects of government units; to define terms; to provide for the powers, duties, governance, and operations of the bank; to provide for capitalization of the bank and funding sources; to authorize the issuance of bonds by the authority for purposes of the bank; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, is amended by revising paragraph (6.1) of Code Section 32-10-60, relating to definitions, as follows: "(6.1) 'Revenue' or 'revenues' shall mean any and all moneys received from the collection of tolls authorized by Code Sections 32-10-64 and 32-10-65, any federal highway or transit funds and reimbursements, any other federal highway or transit assistance received from time to time by the authority, and any other moneys of the authority pledged for such purpose, and any other moneys received by the authority pursuant to the Georgia Transportation Infrastructure Bank." SECTION 2. Said article is further amended by adding at its end a new Part 3 to read as follows: "Part 3 32-10-120. This part shall be known and may be cited as the 'Georgia Transportation Infrastructure Bank Act.' 32-10-121. (a) There shall be created within the State Road and Tollway Authority an instrumentality of the state to be known as the Georgia Transportation Infrastructure Bank. (b) The bank shall be governed by the board of the State Road and Tollway Authority as provided in this chapter. (c) The corporate purpose of the bank is to assist in financing qualified projects by providing loans and other financial assistance to government units for constructing and improving highway and transportation facilities necessary for public purposes, 1822 JOURNAL OF THE SENATE including economic development. The exercise by the bank of a power conferred in this part is an essential public function. (d) The bank shall establish and maintain at least the four following accounts in the authority fund: (1) State and local roadway account; (2) State and local nonroadway account; (3) Federal roadway account; and (4) Federal nonroadway account. 32-10-122. As used in this part, the term: (1) 'Bank' means the Georgia Transportation Infrastructure Bank. (2) 'Board' means the board of the State Road and Tollway Authority. (3) 'Department of Transportation' means the Georgia Department of Transportation and its successors. (4) 'Eligible costs' means, as applied to a qualified project to be financed from the federal roadway account, the costs that are permitted under applicable federal laws, requirements, procedures, and guidelines in regard to establishing, operating, and providing assistance from the bank. As applied to a qualified project to be financed from the state and local roadway account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, facilities, and other costs necessary for the qualified project. As applied to any qualified project to be financed from the federal nonroadway account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, equipment, facilities, and other nonoperating costs necessary for the qualified project. As applied to any qualified project to be financed from the state and local nonroadway account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, equipment, facilities, and other nonoperating costs necessary for the qualified project. (5) 'Eligible project' means a highway, including bridges, air transport and airport facilities, and freight rail, or transit or bicycle facility project which provides public benefits by either enhancing mobility and safety, promoting economic development, or increasing the quality of life and general welfare of the public. The term 'eligible project' also includes mass transit systems including, but not limited to, monorail and monobeam mass transit systems. There may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for freight railroad, or transit, TUESDAY, MARCH 18, 2008 1823 automotive, and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation. (6) 'Federal accounts' means, collectively, the separate account for federal roadway funds and federal nonroadway funds. (7) 'Financing agreement' means any agreement entered into between the bank and a qualified borrower pertaining to a loan or other financial assistance. This agreement may contain, in addition to financial terms, provisions relating to the regulation and supervision of a qualified project, or other provisions as the board may determine. The term 'financing agreement' includes, without limitation, a loan agreement, trust indenture, security agreement, reimbursement agreement, guarantee agreement, bond or note, ordinance or resolution, or similar instrument. (8) 'Government unit' means a municipal corporation, county, community improvement district, or any public operator of transit, including combinations of two or more of these entities, acting jointly to construct, own, or operate a qualified project, or any other state authority, board, commission, agency, or department which may construct, own, or operate a qualified project. (9) 'Loan' means an obligation subject to repayment which is provided by the bank to a qualified borrower for all or a part of the eligible costs of a qualified project. A loan may be disbursed in anticipation of reimbursement for or direct payment of the eligible costs of a qualified project. (10) 'Loan obligation' means a bond, note, or other evidence of an obligation issued by a qualified borrower. (11) 'Other financial assistance' includes, but shall not be limited to, grants, contributions, credit enhancement, capital or debt reserves for bonds or debt instrument financing, interest rate subsidies, provision of letters of credit and credit instruments, provision of bond or other debt financing instrument security, and other lawful forms of financing and methods of leveraging funds that are approved by the board, and in the case of federal funds, as allowed by federal law. (12) 'Project revenues' or 'revenues' means all rates, rents, fees, assessments, charges, and other receipts derived or to be derived by a qualified borrower from a qualified project or made available from a special source, and, as provided in the applicable financing agreement, derived from any system of which the qualified project is a part or from any other revenue producing facility under the ownership or control of the qualified borrower including, without limitation, proceeds of grants, gifts, appropriations and loans, including the proceeds of loans made by the bank, investment earnings, reserves for capital and current expenses, proceeds of insurance or condemnation and proceeds from the sale or other disposition of property and from any other special source as may be provided by the qualified borrower. (13) 'Qualified borrower' means any government unit authorized to construct, operate, or own a qualified project. (14) 'Qualified project' means an eligible project which has been selected by the bank to receive a loan or other financial assistance from the bank to defray an eligible cost. 1824 JOURNAL OF THE SENATE (15) 'State and local accounts' means, collectively, the separate account for state and local roadway funds and state and local nonroadway funds. 32-10-123. In administering the affairs of the bank, the board may exercise any or all of the powers granted to the authority under Parts 1 and 2 of this article, as well as the powers granted in this part. Without limiting the generality of the foregoing, the board is specifically authorized to issue bonds for the purposes of the bank, in the same general manner provided in Part 2 of this article. 32-10-124. (a) In addition to the powers contained elsewhere in this article, the board has all power necessary, useful, or appropriate to fund, operate, and administer the bank, and to perform its other functions including, but not limited to, the power to: (1) Have perpetual succession; (2) Adopt, promulgate, amend, and repeal bylaws, not inconsistent with provisions in this part for the administration of the banks affairs and the implementation of its functions, including the right of the board to select qualifying projects and to provide loans and other financial assistance; (3) Sue and be sued in the name of the bank; (4) Have a seal and alter it at its pleasure, although the failure to affix the seal does not affect the validity of an instrument executed on behalf of the bank; (5) Make loans to qualified borrowers to finance the eligible costs of qualified projects and to acquire, hold, and sell loan obligations at prices and in a manner as the board determines advisable; (6) Provide qualified borrowers with other financial assistance necessary to defray eligible costs of a qualified project; (7) Enter into contracts, arrangements, and agreements with qualified borrowers and other persons and execute and deliver all financing agreements and other instruments necessary or convenient to the exercise of the powers granted in this part; (8) Enter into agreements with a department, agency, or instrumentality of the United States or of this state or another state for the purpose of providing for the financing of qualified projects; (9) Establish: (A) Policies and procedures for the making and administering of loans and other financial assistance; and (B) Fiscal controls and accounting procedures to ensure proper accounting and reporting by the bank and government units; (10) Acquire by purchase, lease, donation, or other lawful means and sell, convey, pledge, lease, exchange, transfer, and dispose of all or any part of its properties and assets of every kind and character or any interest in it to further the public purpose of the bank; (11) Procure insurance, guarantees, letters of credit, and other forms of collateral or TUESDAY, MARCH 18, 2008 1825 security or credit support from any public or private entity or instrumentality of the United States for the payment of any bonds issued by it, including the power to pay premiums or fees on any insurance, guarantees, letters of credit, and other forms of collateral or security or credit support; (12) Collect or authorize the trustee under any trust indenture securing any bonds to collect amounts due under any loan obligations owned by it, including taking the action required to obtain payment of any sums in default; (13) Unless restricted under any agreement with holders of bonds, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any loan obligations owned by it; (14) Borrow money through the issuance of bonds and other forms of indebtedness as provided in this article; (15) Expend funds to obtain accounting, management, legal, financial consulting, and other professional services necessary to the operations of the bank; (16) Expend funds credited to the bank as the board determines necessary for the costs of administering the operations of the bank; (17) Establish advisory committees as the board determines appropriate, which may include individuals from the private sector with banking and financial expertise, including the requirement that the bank shall consult with the Department of Transportation for the purpose of implementing the project accounting procedures required by subparagraph (a)(9)(B) of Code Section 32-10-124; (18) Procure insurance against losses in connection with its property, assets, or activities including insurance against liability for its acts or the acts of its employees or agents or to establish cash reserves to enable it to act as a self-insurer against any and all such losses; (19) Collect fees and charges in connection with its loans or other financial assistance; (20) Apply for, receive, and accept from any source, aid, grants, or contributions of money, property, labor, or other things of value to be used to carry out the purposes of this part subject to the conditions upon which the aid, grants, or contributions are made; (21) Enter into contracts or agreements for the servicing and processing of financial agreements; (22) Accept and hold, with or without payment of interest, funds deposited with the bank by government units and private entities; and (23) Do all other things necessary or convenient to exercise powers granted or reasonably implied by this part. (b) The bank shall not be authorized or empowered to be or to constitute a bank or trust company within the jurisdiction or under the control of this state or an agency of it or the Comptroller of the Currency or the Treasury Department of the United States, or a bank, banker, or dealer in securities within the meaning of, or subject to the provisions of, any securities, securities exchange, or securities dealers law of the United States or of this state. The use of the word 'bank' in the 'Georgia Transportation Infrastructure 1826 JOURNAL OF THE SENATE Bank' is required by federal law. For the express purposes of this part, the use of the word 'bank' in the 'Georgia Transportation Infrastructure Bank Act' does not violate Code Section 7-1-243. In addition, all deposits taken by the Georgia Transportation Infrastructure Bank shall contain a notice stating that the deposits are not insured by the Federal Deposit Insurance Corporation. 32-10-125. (a) The following sources may be used to capitalize the bank and for the bank to carry out its purposes: (1) Appropriations by the General Assembly; (2) Federal funds available to the state, as approved by the Department of Transportation; (3) Contributions, donations, and deposits from government units, private entities, and any other source as may become available to the bank; (4) All moneys paid or credited to the bank, by contract or otherwise, payments of principal and interest on loans or other financial assistance made from the bank, and interest earnings which may accrue from the investment or reinvestment of the banks moneys; (5) Proceeds from the issuance of bonds as provided in this part; and (6) Other lawful sources not already dedicated for another purpose as determined appropriate by the board. (b) Without limiting the provisions of subsection (a) of this Code section, it shall be specifically provided that any local government may use the proceeds of any local funds which may be hereafter made available by law for the purposes of this part, including without limitation the funding of eligible projects and contributions, donations, and deposits to the bank. 32-10-126. (a) Earnings on balances in the federal accounts must be credited and invested according to federal law. Earnings on state and local accounts must be credited to the state and local roadway account or state and local nonroadway account that generates the earnings. The bank may establish accounts and subaccounts within the state and local accounts and federal accounts as considered desirable to effectuate the purposes of this part, or to meet the requirements of any state or federal programs. (b) For necessary and convenient administration of the bank, the board shall establish federal and state and local accounts and subaccounts within the bank necessary to meet any applicable federal law requirements or as the bank shall determine necessary or desirable in order to implement the provisions of this part. (c) The bank shall comply with all applicable federal laws and regulations prohibiting the commingling of certain federal funds deposited in the bank. 32-10-127. (a) The bank may provide loans and other financial assistance to a government unit to TUESDAY, MARCH 18, 2008 1827 pay for all or part of the eligible costs of a qualified project. The term of the loan or other financial assistance shall not exceed the useful life of the project. The bank may require the government unit to enter into a financing agreement in connection with its loan obligation or other financial assistance. The board shall determine the form and content of loan applications, financing agreements, and loan obligations including the term and rate or rates of interest on a financing agreement. The terms and conditions of a loan or other financial assistance from federal accounts shall comply with applicable federal requirements. (b) The board shall determine which projects are eligible projects and then select from among the eligible projects qualified projects. Preference may be given to eligible projects which have local financial support. 32-10-128. (a) Qualified borrowers are authorized to obtain loans or other financial assistance from the bank through financing agreements. Qualified borrowers entering into financing agreements and issuing loan obligations to the bank may perform any acts, take any action, adopt any proceedings, and make and carry out any contracts or agreements with the bank as may be agreed to by the bank and any qualified borrower for the carrying out of the purposes contemplated by this part. (b) In addition to the authorizations contained in this part, all other statutes or provisions permitting government units to borrow money and issue obligations, including, but not limited to Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' may be utilized by any government unit in obtaining a loan or other financial assistance from the bank to the extent determined necessary or useful by the government unit in connection with any financing agreement and the issuance, securing, or sale of loan obligations to the bank. (c) A qualified borrower may receive, apply, pledge, assign, and grant security interests in project revenues to secure its obligations as provided in this part. A qualified borrower may fix, revise, charge, and collect fees, rates, rents, assessments, and other charges of general or special application for the operation or services of a qualified project, the system of which it is a part, and any other revenue producing facilities from which the qualified borrower derives project revenues to meet its obligations under a financing agreement or to provide for the construction and improving of a qualified project. 32-10-129. The bank is performing an essential governmental function in the exercise of the powers conferred upon it and shall not be required to pay taxes or assessments upon property or upon its operations or the income therefrom, or taxes or assessments upon property or loan obligations acquired or used by the bank or upon the income therefrom. 1828 JOURNAL OF THE SENATE 32-10-130. (a) If a government unit fails to collect and remit in full all amounts due to the bank on the date these amounts are due under the terms of any note or other obligation of the government unit, the bank shall notify the appropriate state officials who shall withhold all or a portion of the funds of the state and all funds administered by the state and its agencies, boards, and instrumentalities allotted or appropriated to the government unit and apply an amount necessary to the payment of the amount due. (b) Nothing contained in this Code section mandates the withholding of funds allocated to a government unit which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of a court binding on the state. 32-10-131. Neither the board nor any officer, employee, or committee of the bank acting on behalf of it, while acting within the scope of this authority, is subject to any liability resulting from carrying out any of the powers given in this part. 32-10-132. Notice, proceeding, or publication, except those required in this part, shall not be necessary to the performance of any act authorized in this part nor shall any act of the bank be subject to any referendum. 32-10-133. Following the close of each state fiscal year, the bank shall submit an annual report of its activities for the preceding year to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives and make such report available to the General Assembly. The bank also shall submit an annual report to the appropriate federal agency in accordance with requirements of any federal program." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senators Stoner of the 6th, Mullis of the 53rd, Seay of the 34th and Williams of the 19th offered the following amendment #1 to the committee substitute: Amend HB 1019 (LC 34 1770S) by striking on line 13 on page 3 "freight". By striking on line 20 of page 3 "freight" and "or transit,". TUESDAY, MARCH 18, 2008 1829 On the adoption of the amendment, there were no objections, and the Stoner et al. amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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 Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner E Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. HB 1019, having received the requisite constitutional majority, was passed by substitute. HB 1111. By Representatives Floyd of the 147th, Rice of the 51st, Talton of the 145th, Powell of the 29th and Forster of the 3rd: 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 persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements; to provide for drivers license fees; to provide for limited driving permits; to provide for the issuance of 1830 JOURNAL OF THE SENATE identification cards; to provide for issuance of a commercial drivers license; to provide for the contents of applications for commercial drivers licenses; to provide for the contents of commercial drivers licenses; to provide for commercial driving disqualifications; to provide for penalties for commercial driving violations; to provide for issuance of identification cards for persons with disabilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. The Senate Public Safety Committee offered the following substitute to HB 1111: 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 information to be released by the Department of Driver Services for purposes of voter registration; to provide for persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements; to provide for drivers license fees; to provide for denial or suspension of license for noncompliance with child support order; to provide for suspension of license or driving privilege for failure to respond to citation; to provide for a revocation or suspension of a license to be effective by operation of law; to provide for limited driving permits; to provide for the issuance of identification cards; to provide for issuance of a commercial drivers license; to provide for the contents of applications for commercial drivers licenses; to provide for the contents of commercial drivers licenses; to provide for commercial driving disqualifications; to provide for penalties for commercial driving violations; to provide for issuance of identification cards for persons with disabilities; 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 40 of the Official Code of Georgia Annotated, relating to drivers licenses, is amended in Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licensees, by revising paragraph (6) of subsection (f) as follows: "(6)(A) The information required to be made available regarding voter registration pursuant to Code Section 21-2-221 and for the purposes set forth in such Code section; and (B) Information sufficient for use in verifying a registered voters identity by the Secretary of State, the county election superintendent, or the county registrar, TUESDAY, MARCH 18, 2008 1831 including name, address, date of birth, gender, driver identification number, photograph, and signature; and" SECTION 2. Said chapter is further amended in Code Section 40-5-22, relating to persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements, by revising paragraph (2) of subsection (a.1) as follows: "(2) The department shall forthwith notify by certified mail or statutory overnight delivery, return receipt requested, any minor issued an instruction permit or drivers license in accordance with this subsection other than a minor who has terminated his or her secondary education and is enrolled in a postsecondary school or who is pursuing a general educational development (GED) diploma that such minors instruction permit or drivers license is suspended subject to review as provided for in this subsection if the department receives notice pursuant to Code Section 20-2-701 that indicates that such minor: (A) Has dropped out of school without graduating and has remained out of school for ten consecutive school days; (B) Has ten or more school days of unexcused absences in the current academic year or ten or more school days of unexcused absences in the previous academic year; or (C) Has been found in violation by a hearing officer, panel, or tribunal of one of the following offenses, has received a change in placement for committing one of the following offenses, or has waived his or her right to a hearing and pleaded guilty to one of the following offenses: (i) Threatening, striking, or causing bodily harm to a teacher or other school personnel; (ii) Possession or sale of drugs or alcohol on school property or at a school sponsored event; (iii) Possession or use of a weapon on school property or at a school sponsored event. For purposes of this subparagraph division, the term 'weapon' shall be defined in accordance with have the same meaning as in Code Section 16-11127.1 but shall not include any part of an archeological or cultural exhibit brought to school in connection with a school project; (iv) Any sexual offense prohibited under Chapter 6 of Title 16; or (v) Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student. Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the persons last known address shall be prima-facie evidence that such person received the required notice. Such notice shall include instructions to the minor to return immediately the instruction permit or drivers license to the department and information summarizing the minors right to request an exemption from the provisions of this subsection. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days 1832 JOURNAL OF THE SENATE 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, if the suspension was imposed pursuant to subparagraph (A) of this paragraph, 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 in Code Section 40-5-25, relating to drivers license fees, by revising subsection (b) as follows: "(b)(1) Each person applying for a Class P commercial or noncommercial instruction permit for a Class A, B, C, or M drivers license shall pay the applicable license fee prior to attempting the knowledge test for the instruction permit sought. If said person fails to achieve a passing score on the knowledge test, the license fee paid shall be considered a testing fee and retained by the department. Any person failing to achieve a passing score on the knowledge test for an instructional permit shall pay the applicable license fee on each subsequent attempt until successful, at which time said fee shall be his or her license fee. (2) Each person applying for a Class A or B commercial drivers license shall pay the applicable license fee at the time that he or she schedules his or her appointment for said skills test. If said person fails to appear for his or her scheduled skills test appointment or fails to achieve a passing score on the skills test, the license fee paid shall be considered a testing fee and retained by the department. The person shall pay the applicable license fee on each subsequent attempt until successful, at which time said fee shall be his or her license fee. All fees retained by the department pursuant to this Code section shall be remitted to the general fund. Reserved." SECTION 4. Said chapter is further amended in Code Section 40-5-54.1, relating to denial or suspension of license for noncompliance with child support order, by revising subsections TUESDAY, MARCH 18, 2008 1833 (b) through (e) as follows: "(b) The department shall suspend, as provided in Code Sections 19-6-28.1 and 19-119.3, the license of any driver upon receiving a record from the agency or a court of competent jurisdiction stating that such driver is not in compliance with an order for child support. The department shall send notice of any suspension imposed pursuant to this Code section. Such notice shall be sent via first class mail to the address reflected on its records as the drivers mailing address. The mailing of such notice by the department shall be deemed conclusively to be notice to such driver of the suspension of his or her drivers license and shall be deemed to satisfy all notice requirements of law, and no further notice to the driver shall be required for the suspensions provided for in this Code section. (c) The suspension or denial of an application for issuance or renewal of a license shall be for an indefinite period and until such person shall provide proof of compliance with an order for child support. Such persons license shall be reinstated if the person submits proof of compliance with an order for child support from the agency or court of competent jurisdiction and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail for the return of his or her license. (d) Any person who receives notice from the agency that his or her registration is subject to denial or suspension may request a hearing and appeal as provided for in Code Section 19-6-28.1 or 19-11-9.3. Notwithstanding any provisions of law to the contrary, the hearings and appeal procedures provided for in such Code sections shall be the only such procedures required for purposes of this Code section. (e) A person whose drivers license has been suspended pursuant to this Code section may apply to the department for a restricted driving permit as provided in Code Section 40-5-71." SECTION 5. Said chapter is further amended in Code Section 40-5-56, relating to suspension of license or driving privilege for failure to respond to citation, by revising subsection (a) as follows: "(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 in this state or in any other state for a traffic violation other than a parking violation. The department shall include language in the uniform traffic citation stating that failure to appear and respond to such citation shall result in the suspension of the violators drivers license or nonresident driving privilege. The language reflected on a uniform traffic citation issued in this state shall be sufficient notice of said suspension to support a conviction for a violation of Code Section 40-5-121 if such person drives subsequent to the imposition of such a suspension following his or her failure to appear. Notwithstanding the foregoing, the department shall send notice of any suspension imposed pursuant to this Code section. Such notice shall be sent via first class mail to the address reflected on its records as the 1834 JOURNAL OF THE SENATE persons mailing address. The mailing of such notice by the department shall be deemed conclusively to be notice to such person of the suspension of his or her drivers license and shall be deemed to satisfy all notice requirements of law, and no further notice to the owner shall be required for the suspension provided for in this Code section." SECTION 6. Said chapter is further amended by revising Code Section 40-5-60, relating to when a revocation or suspension of a license is effective, as follows: "40-5-60. All revocations and suspensions provided for in this chapter shall be effective on the day the driver receives actual knowledge or legal notice thereof, whichever occurs first. Notice of suspension by operation of law shall be considered legal notice. Any license suspension or revocation mandated in this chapter following a persons conviction for any offense, including suspensions due to the accumulation of points pursuant to Code Section 40-5-57, shall be by operation of law." SECTION 7. Said chapter is further amended in Code Section 40-5-64, relating to limited driving permits, by revising subsection (e) as follows: "(e) Duration Fees, duration, renewal, and replacement 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 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, or a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391, upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2, or upon the expiration of six months following proof of installation of an ignition interlock device in the case of a limited driving permit issued to a person subject to a court order for installation and use of such a device pursuant to Article 7 of Chapter 8 of Title 42; except that such limited driving permit shall expire upon any earlier reinstatement of the drivers license. A person 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. Permits issued pursuant to this Code section are renewable upon payment of a renewal fee of $5.00. Permits may be renewed until the person has his or TUESDAY, MARCH 18, 2008 1835 her license reinstated for the violation that was the basis of the issuance of the permit. Upon payment of a fee in an amount the same as that provided by Code Section 40-525 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." SECTION 8. Said chapter is further amended in Code Section 40-5-103, relating to fees for the issuance of identification cards, by adding a new subsection to read as follows: "(f)(1) Every identification card shall be renewed on or before its expiration upon application, payment of the required fee, and, if applicable, satisfactory completion of any other requirements imposed by law. (2) An application for renewal of an identification card may be submitted by: (A) Personal appearance before the department; or (B) Subject to rules or regulations of the department consistent with considerations of public safety and efficiency of service to identification card holders, means other than personal appearance which may include, without limitation, by mail or electronically. The department may by such rules or regulations exempt persons renewing identification cards under this paragraph from any surrender requirement imposed under Georgia law. (3) Notwithstanding any other provision of this Code section, there shall be no fee whatsoever for replacement of any identification card solely due to a change of the identification card holders name or address, provided that such replacement identification card shall be valid only for the remaining period of such original term; and provided, further, that only one such free replacement identification card may be obtained within the period for which the identification card was originally issued. Any application for the replacement of a lost identification card or due to a change in the identification card holders name or address submitted within 150 days of the expiration of said identification card shall be treated as an application for renewal subject to the applicable fees as set forth in this Code section." SECTION 9. Said chapter is further amended in Code Section 40-5-147, relating to requirements for issuance of a commercial drivers license or instruction permit, by revising subsection (d) as follows: "(d)(1) A commercial drivers license or commercial drivers instruction permit may shall not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle or while the persons drivers license or driving privilege is suspended, revoked, or canceled in this or any other licensing jurisdiction; nor may a drivers license be issued to a person who has a commercial drivers license issued by any other state unless the person first surrenders all drivers licenses issued by any other state, which license or licenses shall be returned to the issuing state or states for cancellation. (2) The department shall obtain the driving record of any person who applies for a 1836 JOURNAL OF THE SENATE commercial drivers license from any other states in which he or she has been licensed or convicted. Upon receipt of conviction information for such a person, said convictions shall become part of the persons driving record in the State of Georgia as provided in Code Section 40-5-2. The department shall review each such persons prior driving record and impose any commercial driving disqualification to which such person is subject that was not imposed by another jurisdiction as required under federal law." SECTION 10. Said chapter is further amended in Code Section 40-5-149, relating to the contents of applications for commercial drivers licenses, by revising paragraph (1) of subsection (a) as follows: "(1) The full legal name and current mailing and residential address of the person;" SECTION 11. Said chapter is further amended in Code Section 40-5-150, relating to the contents of commercial drivers licenses, by revising subsection (a) as follows: "(a) The commercial drivers license shall be marked 'Commercial Drivers License' or 'CDL' and shall be, to the maximum extent practicable, tamperproof, and shall include, but not be limited to, the following information: (1) The full legal name and residential address of the person; (2) The persons color photograph; (3) A physical description of the person, including sex, height, weight, and eye color; (4) Full date of birth; (5) The persons social security number if such person has requested the use of such social security number on such license or another license number or identifier deemed appropriate assigned by the department; (6) The persons signature; (7) The class or type of commercial motor vehicle or vehicles which the person is authorized to drive, together with any endorsements or restrictions; (8) The name of this state; (9) The dates between which the license is valid; and (10) The license fee and fees for any endorsements." SECTION 12. Said chapter is further amended in Code Section 40-5-151, relating to commercial driving disqualifications and suspending or revoking licenses, by revising subparagraphs (g)(1)(A) and (g)(1)(B) and paragraph (4) of subsection (g) as follows: "(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 90 180 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 TUESDAY, MARCH 18, 2008 1837 year two years and not more than five years; and" "(4) In addition to any other penalty imposed pursuant to this article, any driver who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than $1,100.00 and not to exceed $2,750.00 $2,500.00 for a first offense and not less than $5,000.00 for a second or subsequent offense." SECTION 13. Said chapter is further amended in Code Section 40-5-159, relating to penalties for commercial driving violations, by revising subsection (d) as follows: "(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 an out-of-service order shall be subject to a civil penalty in an amount not less than $2,750.00 and not to exceed $11,000.00 $25,000.00." SECTION 14. Said chapter is further amended in Code Section 40-5-171, relating to issuance and contents of identification cards for persons with disabilities, by revising subsection (b) as follows: "(b) The identification card for persons with disabilities shall bear the signatures of the commissioner and the Governor and shall bear an identification card number which shall not be the same as the applicants social security number, unless the person specifically requests that the social security number be used, or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section." SECTION 15. This Act shall become effective on January 1, 2009. SECTION 16. All laws and parts of laws in conflict with this Act are repealed. Senators Seabaugh of the 28th, Butler of the 55th, Thompson of the 33rd, Wiles of the 37th and Chapman of the 3rd offered the following amendment #1: Amend the Senate committee substitute LC 34 1679S to HB 1111 by striking on Page 4 Line 12 the words "First Class Mail" and insert in lieu thereof the words "certified mail return receipt requested." Striking on Page 5 Line 10 the words "First Class Mail" and insert in lieu thereof the words "certified mail return receipt requested 1838 JOURNAL OF THE SENATE On the adoption of the amendment, there were no objections, and the Seabaugh et al. amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 51, nays 4. HB 1111, having received the requisite constitutional majority, was passed by substitute. Senator Eric Johnson, President Pro Tempore, assumed the Chair. The Calendar was resumed. HB 1201. By Representatives Day of the 163rd, Neal of the 1st and Stephens of the 164th: A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official TUESDAY, MARCH 18, 2008 1839 Code of Georgia Annotated, relating to emergency management, so as to require permission for use of the Georgia Emergency Management Agencys nomenclature and symbols; to provide a short title; to provide for liabilities and penalties; to provide that a willful violation shall be a misdemeanor; 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 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 N Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 53, nays 1. HB 1201, 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 19, 2008. The motion prevailed, and Senator Eric Johnson, President Pro Tempore, announced the Senate adjourned at 11:49 a.m. 1840 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, March 19, 2008 Thirty-third Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator 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 House has passed by the requisite constitutional majority the following Bills of the House: HB 1190. By Representatives Kaiser of the 59th, Ashe of the 56th, Thomas of the 55th, Wilkinson of the 52nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to provide for subsequent increases in 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 1191. By Representatives Kaiser of the 59th, Ashe of the 56th, Thomas of the 55th, Wilkinson of the 52nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend an Act providing a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district, approved May 4, 1992 (Ga. L. 1992, p. 7003), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to eliminate certain restrictions only granting such exemption based upon digest increases; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 19, 2008 1841 HB 1192. By Representatives Kaiser of the 59th, Ashe of the 56th, Thomas of the 55th, Wilkinson of the 52nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend an Act providing a homestead exemption from City of Atlanta 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, approved May 4, 1992 (Ga. L. 1992, p. 7007), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to provide for subsequent increases in 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 1205. By Representatives Thomas of the 55th, Beasley-Teague of the 65th, Kaiser of the 59th, Ashe of the 56th, Gardner of the 57th and others: A BILL to be entitled an Act to provide a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of 50 percent of the assessed value of the homestead for residents of that county who are 65 years of age or older and whose household income does not exceed 200 percent of the federal poverty level; 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 1263. By Representatives Stanley-Turner of the 53rd, Thomas of the 55th, Brooks of the 63rd, Fludd of the 66th, Beasley-Teague of the 65th and others: A BILL to be entitled an Act to provide a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1332. By Representatives Benton of the 31st and McCall of the 30th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Jackson County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of 1842 JOURNAL OF THE SENATE the homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved March 24, 1994 (Ga. L. 1994, p. 3758), as amended, particularly by an Act approved April 30, 2002 (Ga. L. 2002, p. 4358), so as to provide for an additional $40,000.00 exemption for persons who are 65 years of age or over; to provide that both exemptions shall be subject to a net income limitation of $18,000.00 not including retirement income; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1333. By Representative Benton of the 31st: A BILL to be entitled an Act to amend an Act providing a homestead exemption from City of Jefferson independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved April 25, 2002 (Ga. L. 2002, p. 4353), so as to increase such additional exemption for such persons from $20,000.00 to $40,000.00; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1334. By Representative Benton of the 31st: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from City of Commerce independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved April 25, 2002 (Ga. L. 2002, p. 4349), so as to increase such additional exemption for such persons from $20,000.00 to $40,000; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 19, 2008 1843 HB 1353. 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 providing an exemption from Catoosa County ad valorem taxes for county purposes for certain disabled persons, approved April 19, 2000 (Ga. L. 2000, p. 3696), so as to increase the maximum income level permitted for eligibility for such exemption; to provide for a referendum; to provide for effective dates; 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 providing a homestead exemption from Catoosa County ad valorem taxes for county purposes for certain residents who are 62 years of age or older, approved April 2, 1998 (Ga. L. 1998, p. 4054), so as to increase the maximum income level permitted for eligibility for such exemption; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1383. By Representative Ralston of the 7th: A BILL to be entitled an Act to provide a homestead exemption from Gilmer County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1411. By Representatives Mills of the 25th, Rogers of the 26th, Collins of the 27th and Benton of the 31st: A BILL to be entitled an Act to amend an Act providing for homestead exemptions from Hall County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens, approved April 6, 1998 (Ga. L. 1998, p. 4281), as amended, so as to allow any person who is 62 to 70 years of age who receives the first exemption to automatically receive the second exemption upon reaching 70 years of age; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. 1844 JOURNAL OF THE SENATE HB 1417. By Representative Williams of the 178th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Brantley County, approved April 17, 1975 (Ga. L. 1975, p. 3937), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4645), so as to change the provisions relating to the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 364. By Senator Bulloch of the 11th: A BILL to be entitled an Act to extensively remove ratites from livestock and meat classifications and reclassify ratites as poultry for certain purposes; to amend Title 1 of the O.C.G.A., relating to general provisions, so as to change certain provisions relating to definitions; to amend Title 4 of the O.C.G.A., relating to animals, so as to change certain provisions relating to mark, brand, or tattoo registration certificates; to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to change certain provisions relating to livestock theft; to amend Title 26 of the O.C.G.A., relating to food, drugs, and cosmetics, so as to change certain provisions relating to definitions relative to meat inspection generally; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 373. By Senators Murphy of the 27th, Grant of the 25th, Mullis of the 53rd, Rogers of the 21st and Douglas of the 17th: A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to provide for the emergency suspension of a peace officers certification under limited circumstances; to modify certain requirements pertaining to officer interviews for employment; to change references consistent with the modification; to repeal conflicting laws; and for other purposes. SB 388. By Senators Carter of the 13th, Chance of the 16th, Heath of the 31st, Rogers of the 21st, Balfour of the 9th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 9 of Title 16 and Chapter 35 of the Official Code of Georgia Annotated, relating to identity fraud and the Georgia Bureau of Investigation, respectively, so as WEDNESDAY, MARCH 19, 2008 1845 to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses involving identity fraud, including subpoena power; to change provisions relating to investigations in identity fraud cases; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 495. By Senator Grant of the 25th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from all Baldwin County School District ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $16,000.00 and who are 65 years of age or older, approved March 18, 1985 (Ga. L. 1985, p. 3835), so as to increase the income limitation to $40,000.00; to increase qualified homestead property from five acres to ten acres; to provide for related matters; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 556. By Senator Hooks of the 14th: A BILL to be entitled an Act to repeal an Act incorporating and providing a charter for the Town of Weston in Webster County, approved August 12, 1911 (Ga. L. 1911, p. 1620); to thereby provide for the territory formerly included in the town to become subject to governance by the governing authority of the consolidated government of Webster County or the governing authority of Webster County, whichever may be in effect on the effective date of this Act; to provide for the devolution of all assets and obligations of the Town of Weston to the consolidated government of Webster County or the county government of Webster County, whichever may be in effect on the effective date of this Act; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 557. By Senator Brown of the 26th: A BILL to be entitled an Act to provide a new charter for the City of Allentown; to provide for incorporation, boundaries, and powers of the city; to provide for government of the city by a city council composed of a mayor and councilmembers; to provide for the election, service, compensation, powers, 1846 JOURNAL OF THE SENATE and duties of the mayor and councilmembers; to provide for the powers and procedures of the city council; to provide for city officers, employees, departments, and agencies; to provide for a municipal court and its jurisdiction, powers, officers, and affairs; to provide for municipal elections; to provide for the removal of officers; to provide for the imposition, assessment, collection, and enforcement of various forms of municipal taxation; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SR 1187. By Senators Thomas of the 54th, Goggans of the 7th, Unterman of the 45th and Grant of the 25th: A RESOLUTION creating the Senate Children's Mental Health in Georgia Study Committee; and for other purposes. Referred to the Rules Committee. SR 1188. By Senators Orrock of the 36th, Thomas of the 54th, Goggans of the 7th, Unterman of the 45th, Butler of the 55th and others: A RESOLUTION creating the Senate Alzheimer's Disease and Other Dementia 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 1190. By Representatives Kaiser of the 59th, Ashe of the 56th, Thomas of the 55th, Wilkinson of the 52nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to provide for subsequent increases in 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. WEDNESDAY, MARCH 19, 2008 1847 HB 1191. By Representatives Kaiser of the 59th, Ashe of the 56th, Thomas of the 55th, Wilkinson of the 52nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend an Act providing a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district, approved May 4, 1992 (Ga. L. 1992, p. 7003), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to eliminate certain restrictions only granting such exemption based upon digest increases; 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 1192. By Representatives Kaiser of the 59th, Ashe of the 56th, Thomas of the 55th, Wilkinson of the 52nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend an Act providing a homestead exemption from City of Atlanta 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, approved May 4, 1992 (Ga. L. 1992, p. 7007), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to provide for subsequent increases in 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 1205. By Representatives Thomas of the 55th, Beasley-Teague of the 65th, Kaiser of the 59th, Ashe of the 56th, Gardner of the 57th and others: A BILL to be entitled an Act to provide a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of 50 percent of the assessed value of the homestead for residents of that county who are 65 years of age or older and whose household income does not exceed 200 percent of the federal poverty level; 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. 1848 JOURNAL OF THE SENATE HB 1263. By Representatives Stanley-Turner of the 53rd, Thomas of the 55th, Brooks of the 63rd, Fludd of the 66th, Beasley-Teague of the 65th and others: A BILL to be entitled an Act to provide a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1332. By Representatives Benton of the 31st and McCall of the 30th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Jackson County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved March 24, 1994 (Ga. L. 1994, p. 3758), as amended, particularly by an Act approved April 30, 2002 (Ga. L. 2002, p. 4358), so as to provide for an additional $40,000.00 exemption for persons who are 65 years of age or over; to provide that both exemptions shall be subject to a net income limitation of $18,000.00 not including retirement income; 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 1333. By Representative Benton of the 31st: A BILL to be entitled an Act to amend an Act providing a homestead exemption from City of Jefferson independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved April 25, 2002 (Ga. L. 2002, p. 4353), so as to increase such additional WEDNESDAY, MARCH 19, 2008 1849 exemption for such persons from $20,000.00 to $40,000.00; 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 1334. By Representative Benton of the 31st: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from City of Commerce independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved April 25, 2002 (Ga. L. 2002, p. 4349), so as to increase such additional exemption for such persons from $20,000.00 to $40,000; 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 1353. 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 providing an exemption from Catoosa County ad valorem taxes for county purposes for certain disabled persons, approved April 19, 2000 (Ga. L. 2000, p. 3696), so as to increase the maximum income level permitted for eligibility for such exemption; to provide for a referendum; to provide for effective dates; 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 providing a homestead exemption from Catoosa County ad valorem taxes for county purposes for certain residents who are 62 years of age or older, approved April 2, 1998 (Ga. L. 1998, p. 4054), so as to increase the maximum income level permitted for 1850 JOURNAL OF THE SENATE eligibility for such exemption; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1383. By Representative Ralston of the 7th: A BILL to be entitled an Act to provide a homestead exemption from Gilmer County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1411. By Representatives Mills of the 25th, Rogers of the 26th, Collins of the 27th and Benton of the 31st: A BILL to be entitled an Act to amend an Act providing for homestead exemptions from Hall County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens, approved April 6, 1998 (Ga. L. 1998, p. 4281), as amended, so as to allow any person who is 62 to 70 years of age who receives the first exemption to automatically receive the second exemption upon reaching 70 years of age; 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 1417. By Representative Williams of the 178th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Brantley County, approved April 17, 1975 (Ga. L. 1975, p. 3937), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4645), so as to change the provisions relating to the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. WEDNESDAY, MARCH 19, 2008 1851 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 649 Do Pass by substitute HB 1303 Do Pass Respectfully submitted, Senator Bulloch of the 11th District, Chairman 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 130 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 250 HB 637 HB 652 Do Pass by substitute Do Pass Do Pass HB 1031 Do Pass HB 1181 Do Pass Respectfully submitted, Senator Weber of the 40th 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: 1852 JOURNAL OF THE SENATE HB 241 Do Pass HB 715 Do Pass HB 1042 Do Pass by substitute HB 1044 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 515 Do Pass HB 1091 Do Pass HB 1183 Do Pass by substitute HB 1184 Do Pass as amended Respectfully submitted, Senator Cowsert of the 46th District, Vice Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 781 Do Pass HB 1216 Do Pass HB 1327 Do Pass HB 1340 Do Pass HB 1389 Do Pass SB 554 Do Pass Respectfully submitted, Senator Wiles of the 37th District, Chairman Mr. President: The State Institutions and Property Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1116 Do Pass HR 1310 Do Pass by substitute HR 1427 Do Pass Respectfully submitted, Senator Grant of the 25th District, Chairman WEDNESDAY, MARCH 19, 2008 1853 The following legislation was read the second time: HB 881 HB 981 HB 983 HB 984 HB 1041 HB 1105 HB 1222 HB 1245 HB 1286 Senator Thompson of the 33rd was excused for business outside the Senate Chamber. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Bulloch Butler Carter Chance Chapman Cowsert Davenport Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Johnson Jones Me V Bremen Moody Mullis Murphy Orrock Pearson Powell Ramsey Reed Rogers Schaefer Seabaugh Seay Shafer,D Smith Staton Stoner Tarver Tate Thomas,D Thomas,R Tolleson Unterman Weber Wiles Williams Not answering were Senators: Thompson, C. Thompson, S. (Excused) The members pledged allegiance to the flag. Senator Thomas of the 54th introduced the chaplain of the day, Reverend Barry Kittle of Dalton, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 1173. By Senator Tarver of the 22nd: A RESOLUTION commending Y. N. and Agnes Myers on the occasion of their 50th wedding anniversary; and for other purposes. 1854 JOURNAL OF THE SENATE SR 1174. By Senators Shafer of the 48th, Chapman of the 3rd, Goggans of the 7th, Unterman of the 45th, Thomas of the 54th and others: A RESOLUTION commending the American Red Cross and proclaiming March, 2008, American Red Cross Month in Georgia; and for other purposes. SR 1175. By Senators Smith of the 52nd and Butler of the 55th: A RESOLUTION recognizing and commending Floyd County as the 2006 Child Fatality Review Panel of the Year; and for other purposes. SR 1176. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Barry Shildneck; and for other purposes. SR 1177. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Saptarsi (Rohan) Mukhopadhyay, Lassiter High School's STAR Student for 2007-2008; and for other purposes. SR 1178. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Thomas Bailey, Sequoyah High School's STAR Student for 2007-2008; and for other purposes. SR 1179. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Thomas Martin Leon, Pope High School's STAR Student for 2007-2008; and for other purposes. SR 1180. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Sara Lyons; and for other purposes. SR 1181. By Senator Harbison of the 15th: A RESOLUTION commending Mrs. Carrie Wiggins-Ford; and for other purposes. WEDNESDAY, MARCH 19, 2008 1855 SR 1182. By Senator Harbison of the 15th: A RESOLUTION honoring the life of and expressing regret at the passing of William R. Flewellen; and for other purposes. SR 1183. By Senator Harbison of the 15th: A RESOLUTION commending the Kendrick High School Lady Cherokees varsity basketball team; and for other purposes. SR 1184. By Senator Golden of the 8th: A RESOLUTION commending Sheriff Marshall Ashley Paulk on the occasion of his retirement; and for other purposes. SR 1185. By Senators Johnson of the 1st, Williams of the 19th, Brown of the 26th, Moody of the 56th, Golden of the 8th and others: A RESOLUTION commending the 2008 Senate aides for their service; and for other purposes. SR 1186. By Senators Johnson of the 1st, Williams of the 19th, Brown of the 26th, Moody of the 56th, Golden of the 8th and others: A RESOLUTION commending the Senate interns for the 2008 regular session; and for other purposes. SR 1189. By Senators Mullis of the 53rd, Thomas of the 54th and Smith of the 52nd: A RESOLUTION recognizing and commending the LaFayette High School wrestling team, the 2008 Class AA State Tournament Wrestling Champions; and for other purposes. SR 1190. By Senator Douglas of the 17th: A RESOLUTION recognizing and commending Sergeant Lee Merritt, United States Marine Corps Reserve; and for other purposes. SR 1191. By Senator Douglas of the 17th: A RESOLUTION commending Eastridge Community Church for its 40 Days of Community Missions project; and for other purposes. 1856 JOURNAL OF THE SENATE SR 1192. By Senator Jones of the 10th: A RESOLUTION recognizing and commending Coach Napoleon B. Cobb; and for other purposes. SR 1193. By Senator Hawkins of the 49th: A RESOLUTION recognizing and commending Dr. Jack M. Chapman, Jr.; and for other purposes. Senator Douglas of the 17th recognized and honored the memory of Police Officer Aaron Jovon Blount, commended by SR 1026, adopted previously. Mrs. Blount 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 Wednesday, March 19, 2008 Thirty-third Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 554 Smith of the 52nd FLOYD COUNTY A BILL to be entitled an Act to amend an Act creating a board of elections and registration for Floyd County, approved March 28, 1986 (Ga. L. 1986, p. 5289), so as to implement a system of staggered terms of office for the members of the board; to provide for the expiration of terms of certain members; to increase the time for appointing members to the board; to repeal conflicting laws; and for other purposes. HB 781 Smith of the 52nd CITY OF ADAIRSVILLE BUILDING AUTHORITY A BILL to be entitled an Act to create the Adairsville Building Authority as a public corporation and an instrumentality of the State of Georgia; to authorize the authority to acquire, construct, own, and convey real property and personal property and to sue and be sued; to authorize the authority to enter into intergovernmental contracts HB 1327 HB 1340 HB 1389 WEDNESDAY, MARCH 19, 2008 1857 and contracts with private persons; to confer upon the authority the power of eminent domain; to authorize the authority to enter into contracts, lease agreements, and installment sale agreements; to authorize the authority to accept grants and gifts; to authorize the authority to fix and collect fees and charges for the use or for the rental of its facilities; to provide for the membership of the authority; to authorize the authority to acquire, construct, equip, maintain, and operate projects; to authorize the authority to acquire the necessary property therefor and to lease or sell any or all of such facilities; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Moody of the 56th CITY OF ROSWELL A BILL to be entitled an Act to amend an Act to reincorporate the City of Roswell in the County of Fulton, approved April 19, 2000 (Ga. L. 2000, p. 3844), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4287), so as to change the corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes. Jackson of the 24th WILKES COUNTY A BILL to be entitled an Act to amend an Act relating to the filling of vacancies on the board of the Hospital Authority of Wilkes County, approved April 4, 1997 (Ga. L. 1997, p. 3960), so as to change the method of filling vacancies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Bulloch of the 11th CITY OF BAINBRIDGE A BILL to be entitled an Act to create the Bainbridge 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 Bainbridge, 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; 1858 JOURNAL OF THE SENATE 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 Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C E Thompson,S Tolleson Y Unterman Y Weber Y Wiles Y Williams 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. Senators Williams of the 19th and Hill of the 4th recognized Coach Anson S. Callaway for his leadership and many outstanding accomplishments, commended by SR 1001, adopted previously. Coach Anson S. Callaway addressed the Senate briefly. Senator Weber of the 40th asked unanimous consent that the following bill be withdrawn from the Senate Public Safety Committee and committed to the Senate State and Local Governmental Operations (General) Committee: WEDNESDAY, MARCH 19, 2008 1859 HB 51. By Representatives Jacobs of the 80th, Ralston of the 7th, Mumford of the 95th, Bearden of the 68th, Franklin of the 43rd and others: A BILL to be entitled an Act to amend Code Section 15-16-10 of the Official Code of Georgia Annotated, relating to sheriffs duties, penalties, and electronic storage, so as to change the frequency with which a sheriff reviews security plans; to provide for related matters; to repeal conflicting laws; and for other purposes. The consent was granted, and HB 51 was committed to the Senate State and Local Governmental Operations (General) Committee. HB 921 HB 945 HB 1014 HB 1026 SENATE RULES CALENDAR WEDNESDAY, MARCH 19, 2008 THIRTY-THIRD LEGISLATIVE DAY Mortgage lenders and brokers; nation-wide automated licensing system; create (B&FI-30th) Mills-25th Motor vehicles; registration and title records; allow certain persons access (PUB SAF-21st) Rice-51st Georgia Higher Education Savings Plan; certain provisions; revise and change (FIN-28th) Royal-171st Transportation, Department of; utility facilities; provisions (Substitute) (TRANS-34th) Smith-129th Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: HB 921. By Representatives Mills of the 25th, Peake of the 137th, Forster of the 3rd, Kaiser of the 59th and Talton of the 145th: A BILL to be entitled an Act to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders 1860 JOURNAL OF THE SENATE and mortgage brokers, so as to create a nation-wide automated licensing system for mortgage brokers and mortgage lenders; to provide legislative findings; to provide for the Department of Banking and Finance to participate in such a system; to provide for rules and regulations; to provide for disbursement of fees minus expenses; to provide for changing license renewal dates; 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: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. HB 921, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: WEDNESDAY, MARCH 19, 2008 1861 Senator Dan Moody District 56 421-C State Capitol Atlanta, GA 30334 Committees: Assignments Appropriations Rules Education and Youth Insurance and Labor Reapportionment and Redistricting Regulated Industries and Utilities Administrative Affairs The State Senate Atlanta, Georgia 30334 March 19, 2008 Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Mr. Secretary: This letter is to inform you that due to a meeting with the Governor and students from several North Fulton High Schools, I missed the vote on HB 921. Please advise if you need any additional information. Thank you, /s/ Dan Moody Senator Rogers of the 21st recognized the Georgia Tech women's tennis team on winning the 2007 NCAA National Women's Tennis Championship, commended by SR 704, adopted previously. Head Coach Bryan Shelton addressed the Senate briefly. The Calendar was resumed. HB 945. By Representatives Rice of the 51st, Parham of the 141st, Stephens of the 164th, Roberts of the 154th, Coan of the 101st and others: A BILL to be entitled an Act to amend Code Section 40-2-130 of the Official Code of Georgia Annotated, relating to records of certificates of registration, so as to allow persons engaged in providing notification to owners of towed or impounded vehicles to access motor vehicle registration records; to amend Code Section 40-3-23 of the Official Code of Georgia Annotated, relating to 1862 JOURNAL OF THE SENATE issuance of certificates of title, maintenance of record of certificates issued, and records for a fee, so as to allow persons engaged in providing notification to owners of towed or impounded vehicles to access motor vehicle certificate of title records; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st The report of the committee, which was favorable to the passage of 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. HB 945, having received the requisite constitutional majority, was passed. Senator Shafer of the 48th recognized the American Red Cross and proclaimed March 2008, American Red Cross Month in Georgia, commended by SR 1174, adopted previously. John English of the American Red Cross addressed the Senate briefly. Senator Douglas of the 17th was excused for business outside the Senate Chamber. WEDNESDAY, MARCH 19, 2008 1863 The Calendar was resumed. HB 1014. By Representatives Royal of the 171st, Keen of the 179th, Coleman of the 97th and Hembree of the 67th: A BILL to be entitled an Act to amend Titles 20 and 48 of the Official Code of Georgia Annotated, relating, respectively, to education and revenue and taxation, so as to revise and change certain provisions regarding the Georgia Higher Education Savings Plan; to change certain definitions; to change certain provisions regarding the purposes and creation of such plan; to change the authority of the board of directors of such plan; to change certain provisions regarding savings trust accounts; to change certain provisions regarding state income tax adjustments for contributions to or withdrawals from certain college savings programs; to change certain provisions regarding taxation of nonresidents entire net income; 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 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 21, 2008 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 1014 (LC 18 6775) Dear Chairman O'Neal: 1864 JOURNAL OF THE SENATE This bill changes certain provisions of the Georgia Higher Education Savings Plan Act. The Georgia State University Fiscal Research Center provided the following narrative on the fiscal impact of this bill: This bill makes changes to existing law regarding Georgia's Higher Education Savings Plan as defined under House Bill 225 which was passed in the FY 2007 session of the General Assembly. The fiscal analysis prepared for House Bill 225 is consistent with the changes proposed under this legislation. Thus, there is no incremental revenue impact from this proposed legislation beyond that estimated for House Bill 225. Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, 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 Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams WEDNESDAY, MARCH 19, 2008 1865 On the passage of the bill, the yeas were 54, nays 0. HB 1014, having received the requisite constitutional majority, was passed. HB 1026. By Representatives Smith of the 129th, Rogers of the 26th, Loudermilk of the 14th, Floyd of the 147th, Graves of the 12th and others: A BILL to be entitled an Act to amend Code Section 32-6-171 of the Official Code of Georgia Annotated, relating to the authority of the Department of Transportation to order removal, relocation, or adjustment of utility facilities, so as to provide that a utility may be exempt from certain requirements of notice and hearing when the department requires the removal, relocation, or adjustment of the facilities as a result of public road improvements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Seay of the 34th. The Senate Transportation Committee offered the following substitute to HB 1026: A BILL TO BE ENTITLED AN ACT To amend Code Section 32-6-171 of the Official Code of Georgia Annotated, relating to the authority of the Department of Transportation to order removal, relocation, or adjustment of utility facilities, so as to provide that a utility may be exempt from certain requirements of notice and hearing when the department requires the removal, relocation, or adjustment of the facilities as a result of public road improvements; 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. Code Section 32-6-171 of the Official Code of Georgia Annotated, relating to the authority of the Department of Transportation to order the removal, relocation, or adjustment of utility facilities, is amended by revising subsection (a) to read as follows: "(a) Any utility using, or occupying, or adjacent to any part of a public road which the department has undertaken to improve or intends to improve shall remove, 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 1866 JOURNAL OF THE SENATE contemplated construction or maintenance. In undertaking such removal, relocation, or adjustment, if the department has notified the utility in writing that the facility constitutes an obstruction or interference with the construction, use, or safe operation of the roadway, then the utility shall be exempt from the requirements of Code Sections 22-1-10 and 22-1-10.1. Nothing in this Code section shall be construed so as to deprive any utility relocated from a location in which it owned a property interest of compensation for such interest." SECTION 2. This Act shall become effective on July 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance N Chapman Y Cowsert Y Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell N Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas,D N Thomas,R Y Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 6. WEDNESDAY, MARCH 19, 2008 1867 HB 1026, having received the requisite constitutional majority, was passed by substitute. Senator Williams of the 19th moved that the Senate adjourn until 9:00 a.m. Thursday, March 20, 2008. The motion prevailed, and the President announced the Senate adjourned at 11:30 a.m. 1868 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, March 20, 2008 Thirty-fourth Legislative Day The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 515. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Chapter 4 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Seed Development Commission, so as to change certain provisions relating to the Georgia Seed Development Commission and its composition, officers, bylaws, quorum, compensation, records, audits, and bonds; to change certain provisions relating to the creation of an advisory board and its members and functions; to change certain provisions relating to terms of office; 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 82. By Senators Weber of the 40th, Johnson of the 1st, Shafer of the 48th 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 THURSDAY, MARCH 20, 2008 1869 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 codes; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from DeKalb County to the City of Dunwoody; to provide for severability; to repeal conflicting laws; and for other purposes. SB 145. By Senators Smith of the 52nd, Johnson of the 1st, Williams of the 19th, Seabaugh of the 28th, Moody of the 56th and others: A BILL to be entitled an Act to amend Code Section 16-5-1 and Chapter 10 of Title 17 of the O.C.G.A., relating to murder and felony murder and sentencing and punishment, respectively, so as to provide for the imposition of life without parole of persons convicted of murder independently of a death penalty prosecution; to repeal certain provisions relating to imprisonment for life without parole and finding statutory aggravating circumstance; to provide for certain information to be reported to the court under certain circumstances; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. SB 430. By Senators Hamrick of the 30th, Hill of the 32nd, Mullis of the 53rd, Pearson of the 51st and Murphy of the 27th: A BILL to be entitled an Act to amend Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, so as to provide that the Georgia Bureau of Investigation may include such information in a data base and compare such information to samples collected from evidentiary materials; 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: 1870 JOURNAL OF THE SENATE SR 1201. By Senators Tolleson of the 20th and Bulloch of the 11th: A RESOLUTION to create the Senate Biodiesel Fuel Study Committee; and for other purposes. Referred to the Rules 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: HB 1126 Do Pass as amended SR 1097 Do Pass Respectfully submitted, Senator Pearson of the 51st 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 641 Do Pass by substitute HB 1335 Do Pass HR 1103 Do Pass Respectfully submitted, Senator Weber of the 40th 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 1244 Do Pass by substitute HR 1246 Do Pass by substitute THURSDAY, MARCH 20, 2008 1871 Respectfully submitted, Senator Rogers of the 21st District, Chairman Mr. President: The Government Oversight Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 180 Do Pass by substitute HB 1113 Do Pass Respectfully submitted, Senator Chance of the 16th 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 472 HB 673 HB 864 Do Pass by substitute Do Pass Do Pass HB 1121 Do Pass HB 1186 Do Pass HB 1221 Do Pass Respectfully submitted, Senator Hudgens of the 47th 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 68 Do Pass by substitute HB 964 Do Pass HB 1016 Do Pass by substitute HB 1176 Do Pass Respectfully submitted, Senator Tolleson of the 20th District, Chairman Mr. President: The Public Safety Committee has had under consideration the following legislation and 1872 JOURNAL OF THE SENATE has instructed me to report the same back to the Senate with the following recommendation: HB 963 Do Pass by substitute HB 978 Do Pass by substitute HB 1220 Do Pass by substitute SR 1147 Do Pass Respectfully submitted, Senator Murphy of the 27th 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 1227 Do Pass by substitute HB 1238 Do Pass by substitute HB 1243 Do Pass HB 1280 Do Pass Respectfully submitted, Senator Shafer of the 48th 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 656 Do Pass HB 732 Do Pass Respectfully submitted, Senator Heath of the 31st 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 470 Do Pass by substitute HB 958 Do Pass HB 1086 Do Pass HB 1132 Do Pass by substitute HB 1160 Do Pass by substitute THURSDAY, MARCH 20, 2008 1873 Respectfully submitted, Senator Meyer von Bremen of the 12th District, Chairman The following legislation was read the second time: HB 130 HB 241 HB 250 HB 515 HB 637 HB 649 HB 652 HB 715 HB 1031 HB 1042 HB 1044 HB 1091 HB 1116 HB 1181 HB 1183 HB 1184 HB 1216 HB 1303 HR 1310 HR 1427 The following Senators were excused for business outside the Senate Chamber: Adelman of the 42nd Pearson of the 51st Weber of the 40th Hill of the 32nd Thompson of the 33rd Wiles of the 37th Meyer von Bremen of the 12th Tolleson of the 20th Senator Smith of the 52nd asked unanimous consent that Senator Cowsert of the 46th be excused. The consent was granted, and Senator Cowsert was excused. Senator Thomas of the 2nd asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused. Senator Reed of the 35th asked unanimous consent that Senator Orrock of the 36th be excused. The consent was granted, and Senator Orrock was excused. The roll was called and the following Senators answered to their names: Balfour Brown Bulloch Butler Carter Chance Chapman Davenport Douglas Fort Goggans Golden Hamrick Harbison Harp Hawkins Heath Henson Hill,Jack Hooks Hudgens Jackson Johnson Jones Moody Murphy Powell Ramsey Reed Rogers Schaefer Seabaugh Seay Shafer,D Smith Staton Stoner Tarver Thomas,D Thomas,R Unterman Williams Not answering were Senators: 1874 JOURNAL OF THE SENATE Adelman (Excused) Hill, Judson (Excused) Orrock (Excused) Thompson, C. Weber (Excused) Cowsert (Excused) Meyer von Bremen (Excused) Pearson (Excused) Thompson, S. (Excused) Wiles (Excused) Grant Mullis Tate (Excused) Tolleson (Excused) The members pledged allegiance to the flag. Senator Hudgens of the 47th introduced the chaplain of the day, Dr. Stewart Simms of Athens, Georgia, who offered scripture reading and prayer. Senator Golden of the 8th recognized William Pope "Billy" Langdale, commended by SR 1149, adopted previously. William Pope "Billy" Langdale addressed the Senate briefly. The following resolutions were read and adopted: SR 1194. By Senator Tarver of the 22nd: A RESOLUTION recognizing the Lucy Craft Laney Museum of Black History; and for other purposes. SR 1195. By Senator Pearson of the 51st: A RESOLUTION expressing regret at the passing of William R. "Bill" Mercier; and for other purposes. SR 1196. By Senator Thomas of the 2nd: A RESOLUTION commending Master Sergeant Ray Bess; and for other purposes. SR 1197. By Senators Tarver of the 22nd, Powell of the 23rd and Jackson of the 24th: A RESOLUTION recognizing and commending the Glenn Hills Spartans and Lady Spartans basketball teams and declaring March 18, 2008, as "Glenn Hills Day"; and for other purposes. SR 1198. By Senators Johnson of the 1st, Jackson of the 24th, Tarver of the 22nd and Powell of the 23rd: A RESOLUTION commending the 848th Engineer Company of the Georgia Army National Guard; and for other purposes. THURSDAY, MARCH 20, 2008 1875 SR 1199. By Senators Johnson of the 1st, Williams of the 19th and Brown of the 26th: A RESOLUTION recognizing and commending Mr. Richard "Dick" Pettys on the occasion of his retirement from InsiderAdvantageGeorgia and covering the General Assembly; and for other purposes. SR 1200. By Senator Tolleson of the 20th: A RESOLUTION expressing regret at the passing of Foy Evans; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Grant of the 25th Seabaugh of the 28th Stoner of the 6th SENATE RULES CALENDAR THURSDAY, MARCH 20, 2008 THIRTY-FOURTH LEGISLATIVE DAY HB 983 Out-of-state law enforcement officers; arrest certain offenders; provide (PUB SAF-53rd) Collins-27th HB 1027 Defensive driving courses; alcohol or drug programs; curriculum; provisions (Substitute)(PUB SAF-11th) Rice-51st HB 1222 'Health Share' Volunteers in Medicine Act; definitions; revise certain provisions (Substitute)(H&HS-7th) Channell-116th HB 1245 Indigent defense; revise matters; senior judges; change certain provisions (Substitute)(JUDY-37th) Ralston-7th 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 983. By Representatives Collins of the 27th, Martin of the 47th, Day of the 163rd, Talton of the 145th, Sellier of the 136th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions for law enforcement 1876 JOURNAL OF THE SENATE officers and agencies, so as to provide for the arrest of certain offenders by outof-state law enforcement officers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Douglas of the 17th Senator Reed of the 35th asked unanimous consent that Senator Seay of the 34th be excused. The consent was granted, and Senator Seay was excused. The report of the committee, which was favorable to the 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer E Seabaugh E Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Thompson,C E Thompson,S E Tolleson Y Unterman Y Weber E Wiles Y Williams On the passage of the bill, the yeas were 46, nays 0. HB 983, having received the requisite constitutional majority, was passed. Senator Pearson of the 51st recognized the various departments involved in the death investigation of Meredith Hope Emerson, commended by SR 1041, adopted previously. Peggy Bailey, Godparent of Meredith Hope Emerson, addressed the Senate briefly. The following Senators were excused for business outside the Senate Chamber: THURSDAY, MARCH 20, 2008 1877 Chance of the 16th Smith of the 52nd Staton of the 18th The Calendar was resumed. HB 1027. By Representatives Rice of the 51st, Roberts of the 154th, Bearden of the 68th and Floyd of the 147th: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to persons completing defensive driving course or alcohol or drug program, so as to provide for approval of classroom, Internet, or other technology based driver improvement clinics curriculums; to provide for certificates of completion; to delete references to advanced defensive driving courses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bulloch of the 11th. The Senate Public Safety Committee offered the following substitute to HB 1027: A BILL TO BE ENTITLED AN ACT To amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to persons completing defensive driving course or alcohol or drug program, so as to provide for approval of programs curriculums; to provide for certificates of completion; to delete references to advanced defensive driving courses; 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 40 of the Official Code of Georgia Annotated, relating to persons completing defensive driving course or alcohol or drug program, is amended by revising subsection (a) of Code Section 40-5-81, relating to court ordered attendance at driver improvement clinics and programs, as follows: "(a) Any driver improvement program, or DUI Alcohol or Drug Use Risk Reduction Program, at which attendance is required by court order shall conform to the requirements of this article. Courts shall only order or authorize individuals to attend or register for driver improvement programs or DUI Alcohol or Drug Use Risk Reduction Programs that are licensed and approved by the department under the provisions of Code Sections 40-5-82 and 40-5-83. Certificates of completion from unlicensed classroom, Internet, or other technology based driver improvement programs shall not 1878 JOURNAL OF THE SENATE be recognized for any purposes under this article. This Code section shall prohibit and shall not be construed or interpreted to allow the creation or licensing of any Internet, online, or other technology based DUI Alcohol or Drug Use Risk Reduction Programs." SECTION 2. Said article is further amended by revising subsections (a) and (e) of Code Section 40-583, relating to establishment and approval of driver improvement clinics and programs, as follows: "(a)(1) The commissioner shall establish criteria for the approval of classroom, Internet, or other technology based driver improvement clinics. To be approved, a clinic shall provide and operate either a defensive driving course, an advanced defensive driving course, or a professional defensive driving course or any combination thereof to the department for approval, or notify the department of the clinics legal authority to use a currently approved curriculum or program, a curriculum consisting of a minimum of six hours of classroom, Internet, or technology based theoretical instruction consisting of traffic safety related information designed for the improvement or remediation of an individuals knowledge of defensive driving techniques and traffic laws. This provision shall not be construed to restrict licensed and approved curriculum providers from updating information to accurately reflect changes in this Code section or other defensive driving material. Clinics shall be composed of uniform education and training programs consisting of six hours of instruction designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, qualifications of instructors, attendance requirements for students, and examinations. Approved clinics shall charge not more than a fee of $75.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course an Internet or technology based driver improvement program and not more than $75.00 for a classroom driver improvement program; except that such clinics may charge different fees of their own choosing if the person is not enrolling in such course pursuant to court order or department requirement. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college. The department shall establish security and operational standards consistent with the objectives of the training programs contained in this Code section. (1.1)(A) No driver improvement clinic shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name used by any other driver improvement clinic, Georgia company, or Georgia corporation registered with the Secretary of State. This subparagraph shall not prohibit the franchising or licensing of any part or all of the name of a driver improvement clinic by the owner or the rights thereof to another licensed driver improvement clinic. (B) This paragraph shall not prohibit the franchising or licensing of any part or all THURSDAY, MARCH 20, 2008 1879 of the name of a clinic or an approved curriculum by the owner of the rights therein to another licensed driver improvement clinic, either directly or through a thirdparty provider. (2) The commissioner may issue a special license to the instructor of any commercial driver training school authorizing such instructor to teach a defensive driving course, advanced defensive driving course, or professional defensive driving course of a driver improvement clinic provided pursuant to this Code section if such instructor is qualified to teach a teen-age driver education course which consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training and such instructor certifies to the commissioner that he or she has provided at least 250 hours of behindthe-wheel training in a teen-age driver education course." "(e) The department is designated as the agency responsible for establishing criteria for the approval of DUI Alcohol or Drug Use Risk Reduction Programs. An applicant must meet the certification criteria promulgated by the department through its standards and must provide the following services: (1) the assessment component and (2) the intervention component. The department is designated as the agency responsible for establishing rules and regulations concerning the contents and duration of the components of DUI Alcohol or Drug Use Risk Reduction Programs, qualifications of instructors, attendance requirements for students, examinations, and program evaluations. Qualified instructors shall be certified for periods of four years each, which may be renewed. Approved DUI Alcohol or Drug Use Risk Reduction Programs shall charge not more than a fee of $75.00 for the assessment component and not more than $190.00 $200.00 for the intervention component. An additional fee for required student program materials shall be established by the department in such an amount as is reasonable and necessary to cover the cost of such materials. No DUI Alcohol or Drug Use Risk Reduction Program shall be approved unless such clinic agrees in writing to submit reports as required in the rules and regulations of the department and to allow the examination and audit of the books, records, and financial statements of such DUI Alcohol or Drug Use Risk Reduction Program by the department or its authorized agent. DUI Alcohol or Drug Use Risk Reduction Programs may be operated by any public, private, or governmental entity; provided, however, that, except as otherwise provided in this subsection, in any political subdivision in which a DUI Alcohol or Drug Use Risk Reduction Program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other governmental entity shall fund any new programs in that area. Programs currently in existence which are operated by local county boards of health or any other governmental entities shall be authorized to continue operation. New programs may be started in areas where no private DUI Alcohol or Drug Use Risk Reduction Programs have been made available to said community. The Department of Corrections is authorized to operate DUI Alcohol or Drug Use Risk Reduction Programs in its facilities where offenders are not authorized to participate in such programs in the community, provided that such programs meet the certification criteria promulgated by the Department of Driver Services. All such programs operated by the Department of 1880 JOURNAL OF THE SENATE Corrections shall be exempt from all fee provisions established in this subsection specifically including the rebate of any fee for the costs of administration. No DUI Alcohol or Drug Use Risk Reduction Program will be approved unless such clinic agrees in writing to pay to the state, for the costs of administration, a fee of $15.00, for each offender assessed or each offender attending for points reduction, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds." SECTION 3. Said article is further amended by revising subsections (b), (c), and (d) of Code Section 40-5-84, relating to reinstatement of suspended licenses, as follows: "(b) The license of any person whose license is suspended for the second time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of an advanced a defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. (c) The license of any person whose license is suspended for the first time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an approved defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. (d) The license of any person whose license is suspended for the second time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an advanced a defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail." SECTION 4. This Act shall become effective on July 1, 2008. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senators Bulloch of the 11th, Johnson of the 1st and Goggans of the 7th offered the following amendment #1: Amend the Senate Public Safety Committee substitute to HB 1027 by deleting lines 14 and 15 of page 1 and inserting in lieu thereof the following: of this article. Courts shall have the discretion to order or authorize individuals to THURSDAY, MARCH 20, 2008 1881 attend or register for on-line or classroom driver improvement programs or DUI Alcohol or Drug Use Risk Reduction Programs that By deleting lines 16 through 19 of page 2 and inserting in lieu thereof the following: examinations. Approved On or after July 1, 2008, approved clinics shall charge a fee of $75.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course; except that such an Internet or technology based driver improvement program and $75.00 for a classroom driver improvement program. On or after July 1, 2010, an approved Internet or technology based driver improvement program shall charge a fee of not more than $45.00, and a classroom driver improvement program shall charge a fee of not more than $75.00. Such On the adoption of the amendment, there were no objections, and the Bulloch et al. amendment #1 to the committee substitute was adopted. Senators Carter of the 13th, Balfour of the 9th, Unterman of the 45th and Shafer of the 48th offered the following amendment #2: Amend the Senate Public Safety Committee substitute to HB 1027 (LC 35 0868S) by striking the quotation mark at the end of line 11 on page 4 and inserting after line 11 on page 4 the following: (f) No person shall be permitted to participate in any Internet or technology based driver improvement clinic under this Code section for a violation of Code Section 40-557, 40-5-57.1, 40-6-186, 40-6-270, 40-6-390, 40-6-393, 40-6-395, or 40-6-397." By inserting after "and programs," on line 24 of page 1 the following: and adding a new subsection to read On the adoption of the amendment, the President asked for unanimous consent. Senator Bulloch of the 11th objected. On the adoption of the amendment, the yeas were 24, nays 17, and the Carter et al. amendment #2 to the committee substitute was adopted. Senators Carter of the 13th, Balfour of the 9th, Unterman of the 45th and Shafer of the 48th offered the following amendment #3: Amend the Senate Public Safety Committee substitute to HB 1027 (LC 35 0868S) by striking "Article 4 of" on lines 1 and 8 on page 1; by striking "article" on line 23 on page 1 and on line 13 on page 4 and inserting in lieu thereof "chapter"; by striking "persons completing defensive driving course or alcohol or drug program" on lines 2 and 9 on page 1 and inserting in lieu thereof "drivers licenses"; and by inserting between lines 9 1882 JOURNAL OF THE SENATE and 10 on page 1 the following: revising paragraph (2) of Code Section 40-5-1, relating to definitions, as follows: "(2) Reserved 'Biometrics' means the measurement of physical characteristics for use in verifying the identity of individuals." SECTION 2. Said chapter is further amended by By redesignating Sections 2 through 5 as Sections 3 through 6, respectively. By striking the quotation mark at the end of line 11 on page 4 and inserting after line 11 on page 4 the following: (f) Any Internet or other technology based driver improvement clinic authorized under this Code section shall require the use of biometrics as defined in paragraph (2) of Code Section 40-5-1." By inserting after "and programs," on line 24 of page 1 the following: and adding a new subsection to read On the adoption of the amendment, there were no objections, and the Carter et al. amendment #3 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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 Carter E Chance N Chapman Y Cowsert Y Davenport Y Douglas N Fort Y Goggans Y Heath Y Henson Y Hill,Jack Y Hill,Judson N Hooks N Hudgens N Jackson Y Johnson Y Jones Y Me V Bremen N Moody Y Mullis Y Murphy Y Schaefer Y Seabaugh E Seay Y Shafer,D E Smith E Staton E Stoner N Tarver E Tate Y Thomas,D N Thomas,R Thompson,C N Thompson,S THURSDAY, MARCH 20, 2008 1883 Y Golden Y Grant Y Hamrick N Harbison N Harp Y Hawkins Y Orrock Y Pearson Y Powell N Ramsey Y Reed Y Rogers Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 36, nays 12. HB 1027, having received the requisite constitutional majority, was passed by substitute. Senator Johnson of the 1st recognized Richard "Dick" Pettys on the occasion of his retirement from "InsiderAdvantageGeorgia" and covering the General Assembly, commended by SR 1199, adopted previously. Richard "Dick" Pettys addressed the Senate briefly. The following Senators were excused for business outside the Senate Chamber: Hawkins of the 49th Hudgens of the 47th Tolleson of the 20th The Calendar was resumed. HB 1222. By Representatives Channell of the 116th, Parrish of the 156th, Stephens of the 164th, Sheldon of the 105th, Gardner of the 57th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the " 'Health Share' Volunteers in Medicine Act," so as to add definitions; to revise certain provisions relating to requirements for entering into contracts with health care providers; to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses generally, so as to revise certain provisions relating to the "Georgia Volunteers in Health Care Specialties Act"; to require that health care licensing boards issue special licenses if certain conditions are met; to require that a health care practitioner that is under sanctions or restrictions shall not receive a special license; to provide for related matters; 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 1222: 1884 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Article 8 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the " 'Health Share' Volunteers in Medicine Act," so as to add definitions; to revise certain provisions relating to requirements for entering into contracts with health care providers; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to revise certain provisions relating to volunteer health care workers; to require that health care licensing boards issue special licenses if certain conditions are met; to require that a health care practitioner that is under sanctions or restrictions shall not receive a special license; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 8 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the "'Health Share' Volunteers in Medicine Act," is amended by revising Code Section 31-8-192, relating to definitions, as follows: "31-8-192. As used in this article, the term: (1) 'Contract' means an agreement executed in compliance with this article between a health care provider and a governmental contractor. This contract shall allow the health care provider to deliver health care services to low-income recipients as an agent of the governmental contractor. The contract must be for volunteer, uncompensated services. Payments made to a health care provider from the Indigent Care Trust Fund shall not constitute compensation under this article. (2) 'Department' means the Department of Community Health. (3) 'Disciplinary action' means any action taken by a licensing board to reprimand a medical practitioner included as a health care provider pursuant to paragraph (5) of this Code section for inappropriate or impermissible behavior. (3)(4) 'Governmental contractor' means the department or its designee or designees. (4)(5) 'Health care provider' or 'provider' means: (A) An ambulatory surgical center licensed under Article 1 of Chapter 7 of this title; (B) A hospital or nursing home licensed under Article 1 of Chapter 7 of this title; (C) A physician or physician assistant licensed under Article 2 of Chapter 34 of Title 43; (D) An osteopathic physician or osteopathic physician assistant licensed under Article 2 of Chapter 34 of Title 43; (E) A chiropractic physician licensed under Chapter 9 of Title 43; (F) A podiatric physician licensed under Chapter 35 of Title 43; THURSDAY, MARCH 20, 2008 1885 (F.1) A physical therapist licensed under Chapter 33 of Title 43; (G) A registered nurse, nurse midwife, licensed practical nurse, or advanced registered nurse practitioner licensed or registered under Chapter 26 of Title 43 or any facility which employs nurses licensed or registered under Chapter 26 of Title 43 to supply all or part of the care delivered under this article; (H) A midwife certified under Chapter 26 of this title; (I) A speech-language pathologist or audiologist licensed under Chapter 44 of Title 43; (J) An optometrist certified under Chapter 30 of Title 43; (K) A professional counselor, social worker, or marriage and family therapist licensed under Chapter 10A of Title 43; (L) An occupational therapist licensed under Chapter 28 of Title 43; (M) A psychologist licensed under Chapter 39 of Title 43; (N) A dietitian licensed under Chapter 11A of Title 43; (O) A pharmacist licensed under Chapter 4 of Title 26; (I)(P) A health maintenance organization certificated under Chapter 21 of Title 33; (J))Q) A professional association, professional corporation, limited liability company, limited liability partnership, or other entity which provides or has members which provide health care services; (K)(R) Any other medical facility the primary purpose of which is to deliver human medical diagnostic services or which delivers nonsurgical human medical treatment and which includes an office maintained by a provider; (L)(S) A dentist or dental hygienist licensed under Chapter 11 of Title 43; or (M)(T) Any other health care professional, practitioner, provider, or facility under contract with a governmental contractor, including a student enrolled in an accredited program that prepares the student for licensure as any one of the professionals listed in subparagraphs (C) through (H)(O) of this paragraph. The term includes any nonprofit corporation qualified as exempt from federal income taxation under Section 501(c) of the Internal Revenue Code which delivers health care services provided by licensed professionals listed in this paragraph, any federally funded community health center, and any volunteer corporation or volunteer health care provider that delivers health care services. (5)(6) 'Low-income' means: (A) A person who is Medicaid eligible under the laws of this state; (B) A person: (i) Who is without health insurance; or (ii) Who has health insurance that does not cover the injury, illness, or condition for which treatment is sought; and whose family income does not exceed 200 percent of the federal poverty level as defined annually by the federal Office of Management and Budget; (C) A person: (i) Who is without dental insurance; or (ii) Who has dental insurance that does not cover the injury, illness, or condition 1886 JOURNAL OF THE SENATE for which treatment is sought; and whose family income does not exceed 200 percent of the federal poverty level as defined annually by the federal Office of Management and Budget; or (D) Any client or beneficiary of the department or the Department of Human Resources who voluntarily chooses to participate in a program offered or approved by the department or the Department of Human Resources and meets the program eligibility guidelines of the department or the Department of Human Resources whose family income does not exceed 200 percent of the federal poverty level as defined annually by the federal Office of Management and Budget. (6)(7) 'Occasional-service volunteer' means a volunteer who provides one-time or occasional volunteer service. (7)(8) 'Regular-service volunteer' means a volunteer engaged in specific voluntary service activities on an ongoing or continuous basis. (9) 'Restriction' means any limitation imposed by a licensing board on a medical practitioner included as a health care provider pursuant to paragraph (5) of this Code section. (10) 'Sanction' means any penalty imposed by a licensing board or other regulatory entity on a medical practitioner included as a health care provider pursuant to paragraph (5) of this Code section. (8)(11) 'Volunteer' means any person who, of his or her own free will, and in support of or in assistance to the program of health care services provided pursuant to this article to any governmental contractor, provides goods or clerical services, computer services, or administrative support services, with or without monetary or material compensation. This term shall not include a health care provider." SECTION 2. Said article is further amended by revising subsection (c) of Code Section 31-8-193, relating to the establishment of a program to provide for health care services to lowincome recipients, as follows: "(c) In order to enter into a contract under this Code section, a health care provider shall: (1) Have a current valid Georgia health professional license; (2) Not be under probation or suspension by the applicable licensing board or subject to other restrictions, sanctions, or disciplinary actions imposed by the applicable licensing board. The department, in its discretion, shall determine if a past restriction, sanction, or disciplinary action imposed by the applicable licensing board is of such a grave and offensive nature with respect to patient safety concerns as to warrant refusal to enter into a contract with such health care provider pursuant to this subsection; (3) Not be subject to intermediate sanction by the Centers for Medicare and Medicaid Services for medicare or Medicaid violations or be subject to sanctions with regard to other federally funded health care programs; and (3)(4) Submit to a credentialing process to determine acceptability of participation." THURSDAY, MARCH 20, 2008 1887 SECTION 3. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising Code Section 43-1-28, relating to volunteers in health care specialties, as follows: "43-1-28. (a) This Code section shall be known and may be cited as the 'Georgia Volunteers in Health Care Specialties Act.' (b) As used in this Code section, the term: (1) 'Health care board' means that professional licensing board which licenses a health care practitioner under this title. (2) 'Health care practitioner' means a chiropractor, registered professional nurse, podiatrist, optometrist, professional counselor, social worker, marriage and family therapist, occupational therapist, physical therapist, physicians assistant, licensed practical nurse, or certified nurse midwife, pharmacist, speech-language pathologist, audiologist, psychologist, or dietitian. (3) 'Health care specialty' means the practice of chiropractic, nursing, podiatry, optometry, professional counseling, social work, marriage and family therapy, occupational therapy, physical therapy, physician assistance, or midwifery, pharmacy, speech-language pathology, audiology, psychology, or dietetics. (4) 'Unrestricted' means that no restrictions have been placed on a health care practitioners license by a health care board, no sanctions or disciplinary actions have been imposed by a health care board on a health care practitioner, and a health care practitioner is not under probation or suspension by a health care board. (c) Notwithstanding any other provision of law, each health care board may shall issue a special license to qualifying health care practitioners whose health care specialty is licensed by that board under the terms and conditions set forth in this Code section. The special license may shall only be issued to a person who: Notwithstanding any other provision of law, each health care board may issue a special license to qualifying health care practitioners whose health care specialty is licensed by that board under the terms and conditions set forth in this Code section. The special license may only be issued to a person who: (1) Is currently licensed to practice the applicable health care specialty in any health care specialty licensing jurisdiction in the United States and whose license is unrestricted and in good standing; or (2) Is retired from the practice of the health care specialty or, in the case of a physicians assistant, has an inactive license and is not currently engaged in such practice either full time or part time and has, prior to retirement or attaining inactive status, maintained full licensure unrestricted in good standing in the applicable health care specialty licensing jurisdiction in the United States. (d) The special licensee shall be permitted to practice the health care specialty only in the noncompensated employ of public agencies or institutions, not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide health care specialty services only to indigent patients in areas which are 1888 JOURNAL OF THE SENATE underserved by that specialty or critical need population areas of the state, as determined by the board which licenses that specialty, or pursuant to Article 8 of Chapter 8 of Title 31. (e) The person applying for the special license under this Code section shall submit to the appropriate health care board a copy of his or her health care specialty degree, a copy of his or her health care specialty license in his or her current or previous licensing and regulating jurisdiction, and a notarized statement from the employing agency, institution, corporation, association, or health care program on a form prescribed by that board, whereby he or she agrees unequivocally not to receive compensation for any health care specialty services he or she may render while in possession of the special license. (f) Examinations by the health care board, any application fees, and all licensure and renewal fees may be waived for the holder of the special license under this Code section. (g) If, at the time application is made for the special license, the health care practitioner is not in compliance with the continuing education requirements established by the health care board for the applicable health care specialty, the health care practitioner shall be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license. (h)(1) Except as provided for in paragraph (2) of this subsection, the liability of persons practicing a health care specialty under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by Code Section 51-1-29.1, except that a podiatrist engaged in such practice and an employer thereof shall have the same immunity from liability as provided other health care practitioners under Code Section 51-1-29.1. (2) The liability of persons practicing a health care specialty pursuant to Article 8 of Chapter 8 of Title 31 under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by the provisions of such article. (i) This Code section, being in derogation of the common law, shall be strictly construed." SECTION 4. Said title is further amended by revising Code Section 43-11-52, relating to volunteers in dentistry and dental hygiene, as follows: "43-11-52. (a) This Code section shall be known and may be cited as the 'Georgia Volunteers in Dentistry and Dental Hygiene Act.' (b) Notwithstanding any other provision of law, the board may shall issue a special license to qualifying dentists and dental hygienists under the terms and conditions set forth in this Code section and pursuant to requirements which may be set forth in the THURSDAY, MARCH 20, 2008 1889 rules and regulations of the board. The special license may shall only be issued to a person who is retired from the practice of dentistry or dental hygiene and not currently engaged in such practice either full time or part time and has, prior to retirement, maintained full unrestricted licensure in good standing in dentistry or dental hygiene in any state. As used in this subsection, the term 'unrestricted' means that no restrictions have been placed on the applicants license by the board, no sanctions or disciplinary actions have been imposed by the board on the applicant, and the applicant is not under probation or suspension by the board. (c) The special licensee shall be permitted to practice dentistry or dental hygiene only in the noncompensated employ of public agencies or institutions, not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide dentistry or dental hygiene services only to indigent patients in areas which are underserved by dentists or dental hygienists or critical need population areas of the state, as determined by the board, or pursuant to Article 8 of Chapter 8 of Title 31. The practice of dental hygiene by a dental hygienist awarded a special license under this Code section shall be governed by Code Section 43-11-74. (d) The person applying for the special license under this Code section shall submit to the board a notarized statement from the employing agency, institution, corporation, association, or health care program on a form prescribed by the board, whereby he or she agrees unequivocally not to receive compensation for any dentistry or dental hygiene services he or she may render while in possession of the special license. (e) The examination by the board, any application fees, and all licensure and renewal fees may be waived for the holder of the special license under this Code section. (f) If, at the time application is made for the special license, the dentist or dental hygienist is not in compliance with the continuing education requirements established by the board for dentists or dental hygienists in this state, the dentist or dental hygienist may be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license. (g)(1) Except as provided for in paragraph (2) of this subsection, the liability of persons practicing dentistry or dental hygiene under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by Code Section 51-1-29.1. (2) The liability of persons practicing dentistry or dental hygiene pursuant to Article 8 of Chapter 8 of Title 31 under and in compliance with a special license issued under this Code section shall be governed by the provisions of such article. (h) This Code section, being in derogation of the common law, shall be strictly construed. (i) Application for a license under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a background check." 1890 JOURNAL OF THE SENATE SECTION 5. Said title is further amended by revising Code Section 43-34-45.1, relating to special licenses for volunteers, as follows: "43-34-45.1. (a) This Code section shall be known and may be cited as the 'Georgia Volunteers in Medicine Health Care Act.' (b) Notwithstanding any other provision of law, the board may shall issue a special license to qualifying physicians under the terms and conditions set forth in this Code section. The special license may shall only be issued to a person who: (1) Is currently licensed to practice medicine in any medical-licensing jurisdiction in the United States and whose license is unrestricted and in good standing; or (2) Is retired from the practice of medicine and not currently engaged in such practice either full time or part time and has, prior to retirement, maintained full licensure in good standing in any medical-licensing jurisdiction in the United States. As used in this subsection, the term 'unrestricted' means that no restrictions have been placed on a physicians license by the board, no sanctions or disciplinary actions have been imposed by the board on a physician, and a physician is not under probation or suspension by the board. (c) The special licensee shall be permitted to practice medicine only in the noncompensated employ of public agencies or institutions or not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide medical services only to indigent patients in medically underserved or critical need population areas of the state, as determined by the board, or pursuant to Article 8 of Chapter 8 of Title 31. (d) The person applying for the special license under this Code section shall submit to the board a copy of his or her medical degree, a copy of his or her license in his or her current or previous licensing and regulating jurisdiction, and a notarized statement from the employing agency, institution, corporation, association, or health care program, on a form prescribed by the board, whereby he or she agrees unequivocally not to receive compensation for any medical services he or she may render while in possession of the special license. (e) The examination by the board, any application fees, and all licensure and renewal fees must be waived for the holder of the special license under this Code section and do not apply to such person. (f) If at the time application is made for the special license the physician is not in compliance with the continuing medical education requirements established by the board, the physician shall be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license. (g)(1) Except as provided for in paragraph (2) of this subsection, the liability of persons practicing medicine under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by Code Section 51-1-29.1. (2) The liability of persons practicing medicine pursuant to Article 8 of Chapter 8 of THURSDAY, MARCH 20, 2008 1891 Title 31 under and in compliance with a special license issued under this Code section and the liability of their employers shall be governed by the provisions of such article. (h) Nothing contained in this Code section shall be construed to authorize the holder of the special license provided for in this Code section to perform surgery or any surgical procedure. (i) This Code section, being in derogation of the common law, shall be strictly construed." SECTION 6. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Y Butler Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp E Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks E Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D Y Smith E Staton Y Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 46, nays 0. HB 1222, having received the requisite constitutional majority, was passed by substitute. 1892 JOURNAL OF THE SENATE Senator Murphy of the 27th asked unanimous consent that the following bill, having been placed on the Table on Wednesday, March 12, 2008, be taken from the Table: HB 77. By Representatives Loudermilk of the 14th, Scott of the 2nd, Franklin of the 43rd, Lunsford of the 110th, Mumford of the 95th and others: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to repeal provisions relating to traffic-control signal monitoring devices; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Murphy of the 27th. The consent was granted, and HB 77 was taken from the Table and placed at the foot of the Senate Rules Calendar. The following bill was taken up to consider the Conference Committee Report thereto: HB 989. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the "General Appropriations Act," approved May 30, 2007. The Conference Committee Report was as follows: The Committee of Conference on HB 989 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 989 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Hill of the 4th /s/ Senator Johnson of the 1st /s/ Senator Williams of the 19th /s/ Representative Harbin of the 118th /s/ Representative Keen of the 179th /s/ Representative Burkhalter of the 50th 1893 JOURNAL OF THE SENATE CONFERENCE COMMITTEE SUBSTITUTE TO H.B.989 A BILL TO BE ENTITLED AN ACT To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the general appropriations Act, approved May 30, 2007, as House Bill 95, Act No. 377, Ga. Laws 2007, Volume One, Book Two Appendix, commencing at Page 1 of 277, so as to make, provide and change certain appropriations for the operation of 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: An Act making and providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the general appropriations Act, approved May 30, 2007, as House Bill 95, Act No. 377, Ga. Laws 2007, Volume One, Book Two Appendix, commencing at Page 1 of 277, is amended by striking everything following the enacting clause and substituting in lieu thereof the following: That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008: HB 989 Governor House Senate CC Revenue Sources Available for Appropriation TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs State Motor Fuel Funds Lottery Proceeds Tobacco Settlement Funds Brain and Spinal Injury Trust Fund TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Community Mental Health Services Block Grant CFDA93.958 $20,545,196,148 $20,545,196,148 $20,545,196,148 $20,545,196,148 $18,377,013,830 $18,377,013,830 $18,377,013,830 $18,377,013,830 $188,404,416 $188,404,416 $188,404,416 $188,404,416 $987,910,062 $987,910,062 $987,910,062 $987,910,062 $841,554,506 $841,554,506 $841,554,506 $841,554,506 $148,344,341 $148,344,341 $148,344,341 $148,344,341 $1,968,993 $1,968,993 $1,968,993 $1,968,993 $10,516,215,467 $10,562,778,467 $10,631,709,473 $10,643,770,791 $92,815,579 $92,815,579 $92,815,579 $92,815,579 $78,180,727 $78,180,727 $78,180,727 $78,180,727 $13,191,463 $13,191,463 $13,191,463 $13,191,463 1894 JOURNAL OF THE SENATE Community Services Block Grant CFDA93.569 $17,193,252 Federal Funds Not Itemized $2,460,858,421 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,310,432,809 Foster Care Title IV-E CFDA93.658 $60,094,656 Low-Income Home Energy Assistance CFDA93.568 $24,627,737 Maternal & Child Health Services Block Grant CFDA93.994 $20,172,177 Medical Assistance Program CFDA93.778 $5,627,778,134 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $60,663,494 Preventive Health & Health Services Block Grant CFDA93.991 $6,289,202 Social Services Block Grant CFDA93.667 $55,015,615 State Children's Insurance Program CFDA93.767 $247,589,080 Temporary Assistance for Needy Families $368,024,967 Temporary Assistance for Needy Families Grant CFDA93.558 $338,324,967 TANF Transfers to Social Services Block Grant per 42 USC 604 TANF Transfers to Child Care Development Fund per 42 USC 604 $29,700,000 TANF Unobligated Balance per 42 USC 604 $73,288,154 TOTAL AGENCY FUNDS $4,166,243,846 Contributions, Donations, and Forfeitures $9,231,707 TANF Maintenance-of-Effort from External Sources Contributions, Donations, and Forfeitures Not Itemized $9,231,707 Reserved Fund Balances $492,214,683 Reserved Fund Balances Not Itemized $492,214,683 Interest and Investment Income $2,891,431 Interest and Investment Income Not Itemized $2,891,431 Intergovernmental Transfers $1,926,451,740 Hospital Authorities $233,208,626 Intergovernmental Transfers Not Itemized $1,693,243,114 Rebates, Refunds, and Reimbursements $69,871,793 Rebates, Refunds, and Reimbursements Not Itemized $69,871,793 Royalties and Rents $6,040,682 Royalties and Rents Not Itemized $6,040,682 Sales and Services $1,659,051,760 Record Center Storage Fees $435,771 $17,193,252 $2,460,858,421 $1,310,432,809 $60,094,656 $24,627,737 $20,172,177 $5,627,910,045 $60,663,494 $6,289,202 $55,015,615 $294,020,169 $368,024,967 $338,324,967 $29,700,000 $73,288,154 $4,166,605,466 $9,231,707 $9,231,707 $492,576,303 $492,576,303 $2,891,431 $2,891,431 $1,926,451,740 $233,208,626 $1,693,243,114 $69,871,793 $69,871,793 $6,040,682 $6,040,682 $1,659,051,760 $435,771 $17,193,252 $2,460,858,421 $1,310,432,809 $60,094,656 $24,627,737 $20,172,177 $5,616,857,572 $60,663,494 $6,289,202 $55,015,615 $294,020,169 $368,024,967 $346,024,967 $22,000,000 $153,271,633 $4,217,026,140 $55,231,707 $46,000,000 $9,231,707 $492,594,803 $492,594,803 $5,020,567 $5,020,567 $1,926,451,740 $233,208,626 $1,693,243,114 $70,696,793 $70,696,793 $6,040,682 $6,040,682 $1,660,499,798 $435,771 $17,193,252 $2,460,858,421 $1,310,432,809 $60,094,656 $24,627,737 $20,172,177 $5,628,918,890 $60,663,494 $6,289,202 $55,015,615 $294,020,169 $368,024,967 $346,024,967 $22,000,000 $153,271,633 $4,217,058,367 $55,231,707 $46,000,000 $9,231,707 $492,594,803 $492,594,803 $5,020,567 $5,020,567 $1,926,451,740 $233,208,626 $1,693,243,114 $70,729,020 $70,729,020 $6,040,682 $6,040,682 $1,660,499,798 $435,771 THURSDAY, MARCH 20, 2008 1895 Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments Administrative Hearing Payments per OCGA50-13-44 Agency to Agency Contracts Air Transportation Charges Health Insurance Payments Legal Services - Client Reimbursable per OCGA45-15-4 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 Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563 FF Foster Care Title IV-E CFDA93.658 FF Highway Safety Improvement Grants CFDA20.603 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 FF State and Community Highway Safety CFDA20.600 FF Temporary Assistance for Needy Families CFDA93.558 FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS $1,658,615,989 $1,658,615,989 $1,660,064,027 $1,660,064,027 $490,050 $490,050 $490,050 $490,050 $490,050 $490,050 $490,050 $490,050 $3,272,913,260 $3,272,913,260 $3,272,913,260 $3,303,258,730 $3,249,048,704 $3,249,048,704 $3,249,048,704 $3,279,394,174 $9,258,772 $9,258,772 $9,258,772 $9,258,772 $608,684 $608,684 $608,684 $608,684 $7,209,732 $7,209,732 $7,209,732 $7,209,732 $657,795 $657,795 $657,795 $657,795 $2,709,509,743 $2,709,509,743 $2,709,509,743 $2,739,855,213 $36,801,423 $36,801,423 $36,801,423 $36,801,423 $51,804,479 $51,804,479 $51,804,479 $51,804,479 $1,649,701 $1,649,701 $1,649,701 $1,649,701 $12,030,767 $12,030,767 $12,030,767 $12,030,767 $333,430 $333,430 $333,430 $333,430 $1,494,118 $1,494,118 $1,494,118 $1,494,118 $287,421,849 $287,421,849 $287,421,849 $287,421,849 $20,678,179 $20,678,179 $20,678,179 $20,678,179 $999,895 $999,895 $999,895 $999,895 $43,863,126 $43,863,126 $43,863,126 $43,863,126 $759,169 $759,169 $759,169 $759,169 $8,046,494 $8,046,494 $8,046,494 $8,046,494 $55,921,348 $55,921,348 $55,921,348 $55,921,348 $23,864,556 $23,864,556 $23,864,556 $23,864,556 $1,767,046 $1,767,046 $1,767,046 $1,767,046 $946,237 $946,237 $946,237 $946,237 $14,372 $14,372 $14,372 $14,372 $8,355,309 $8,355,309 $8,355,309 $8,355,309 $4,210,790 $4,210,790 $4,210,790 $4,210,790 $744,181 $744,181 $744,181 $744,181 $7,000,000 $7,000,000 $7,000,000 $7,000,000 $826,621 $826,621 $826,621 $826,621 $35,227,655,461 $35,274,580,081 $35,393,931,761 $35,406,025,306 1896 JOURNAL OF THE SENATE Changes in Fund Availability TOTAL STATE FUNDS $332,601,591 State General Funds $76,808,514 Revenue Shortfall Reserve for K-12 Needs $188,404,416 State Motor Fuel Funds $68,482,862 Brain and Spinal Injury Trust Fund ($1,094,201) TOTAL FEDERAL FUNDS $264,699,099 Federal Funds Not Itemized $1,203,019 Foster Care Title IV-E CFDA93.658 $7,000,000 Medical Assistance Program CFDA93.778 $245,361,765 State Children's Insurance Program CFDA93.767 ($2,889,978) Temporary Assistance for Needy Families $14,024,293 Temporary Assistance for Needy Families Grant CFDA93.558 $14,024,293 TANF Transfers to Social Services Block Grant per 42 USC 604 TANF Transfers to Child Care Development Fund per 42 USC 604 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS $84,576,516 Contributions, Donations, and Forfeitures ($46,000,000) TANF Maintenance-of-Effort from External Sources ($46,000,000) Reserved Fund Balances $130,576,516 General Obligation Debt Reserve-State General Funds ($67,648,144) General Obligation Debt Reserve-State Motor Fuel Funds ($37,385,000) Reserved Fund Balances Not Itemized $235,609,660 Interest and Investment Income Interest and Investment Income Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,564,586 State Funds Transfers $6,564,586 Health Insurance Payments Optional Medicaid Services Payments $6,564,586 $332,601,591 $76,808,514 $188,404,416 $68,482,862 ($1,094,201) $311,262,099 $1,203,019 $7,000,000 $245,493,676 $43,541,111 $14,024,293 $14,024,293 $84,938,136 ($46,000,000) ($46,000,000) $130,938,136 ($67,648,144) ($37,385,000) $235,971,280 $1,564,586 $6,564,586 $6,564,586 $332,601,591 $76,808,514 $188,404,416 $68,482,862 ($1,094,201) $339,146,810 $1,203,019 $7,000,000 $234,441,203 $43,541,111 ($27,022,002) ($19,322,002) $22,000,000 ($29,700,000) $79,983,479 $135,358,810 $130,956,636 ($67,648,144) ($37,385,000) $235,989,780 $2,129,136 $2,129,136 $825,000 $825,000 $1,448,038 $1,448,038 $1,564,586 $6,564,586 $6,564,586 $332,601,591 $76,808,514 $188,404,416 $68,482,862 ($1,094,201) $351,208,128 $1,203,019 $7,000,000 $246,502,521 $43,541,111 ($27,022,002) ($19,322,002) $22,000,000 ($29,700,000) $79,983,479 $135,391,037 $130,956,636 ($67,648,144) ($37,385,000) $235,989,780 $2,129,136 $2,129,136 $857,227 $857,227 $1,448,038 $1,448,038 $31,910,056 $36,910,056 $30,345,470 $6,564,586 THURSDAY, MARCH 20, 2008 1897 Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($5,000,000) ($5,000,000) $683,441,792 ($5,000,000) ($5,000,000) $730,366,412 ($5,000,000) ($5,000,000) $808,671,797 ($5,000,000) ($5,000,000) $851,110,812 Reconciliation of Fund Availability to Fund Application TOTAL FEDERAL FUNDS ($41,046,295) Temporary Assistance for Needy Families ($41,046,295) Temporary Assistance for Needy Families Grant CFDA93.558 ($41,046,295) ($41,046,295) ($41,046,295) ($41,046,295) Section 1: Georgia Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 1.100 -Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 Appropriation (HB 989) $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 1898 JOURNAL OF THE SENATE 2.100 -Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 3.100 -Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 Appropriation (HB 989) $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 Senate Budget and Evaluation Office Continuation Budget The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $1,047,605 $1,047,605 $1,047,605 State General Funds $1,047,605 $1,047,605 $1,047,605 TOTAL PUBLIC FUNDS $1,047,605 $1,047,605 $1,047,605 4.100 -Senate Budget and Evaluation Office Appropriation (HB 989) The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $1,047,605 $1,047,605 $1,047,605 State General Funds $1,047,605 $1,047,605 $1,047,605 TOTAL PUBLIC FUNDS $1,047,605 $1,047,605 $1,047,605 $1,047,605 $1,047,605 $1,047,605 $1,047,605 $1,047,605 $1,047,605 Section 2: Georgia House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 TOTAL STATE FUNDS Section Total - Final $18,995,716 $18,995,716 $18,995,716 $18,995,716 THURSDAY, MARCH 20, 2008 1899 State General Funds TOTAL PUBLIC FUNDS $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 5.100 -House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 Appropriation (HB 989) $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 Section 3: Georgia General Assembly Joint Offices TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 Ancillary Activities Continuation Budget The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,234,402 $4,234,402 $4,234,402 State General Funds $4,234,402 $4,234,402 $4,234,402 TOTAL PUBLIC FUNDS $4,234,402 $4,234,402 $4,234,402 6.100 -Ancillary Activities Appropriation (HB 989) The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,234,402 $4,234,402 $4,234,402 State General Funds $4,234,402 $4,234,402 $4,234,402 TOTAL PUBLIC FUNDS $4,234,402 $4,234,402 $4,234,402 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $4,234,402 $4,234,402 $4,234,402 $4,234,402 $4,234,402 $4,234,402 1900 JOURNAL OF THE SENATE Legislative Fiscal Office Continuation Budget 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 $2,687,623 $2,687,623 $2,687,623 $2,687,623 State General Funds $2,687,623 $2,687,623 $2,687,623 $2,687,623 TOTAL PUBLIC FUNDS $2,687,623 $2,687,623 $2,687,623 $2,687,623 7.100 -Legislative Fiscal Office Appropriation (HB 989) 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 $2,687,623 $2,687,623 $2,687,623 $2,687,623 State General Funds $2,687,623 $2,687,623 $2,687,623 $2,687,623 TOTAL PUBLIC FUNDS $2,687,623 $2,687,623 $2,687,623 $2,687,623 Office of Legislative Counsel Continuation Budget The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $3,003,569 $3,003,569 $3,003,569 $3,003,569 State General Funds $3,003,569 $3,003,569 $3,003,569 $3,003,569 TOTAL PUBLIC FUNDS $3,003,569 $3,003,569 $3,003,569 $3,003,569 8.100 -Office of Legislative Counsel Appropriation (HB 989) The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $3,003,569 $3,003,569 $3,003,569 $3,003,569 State General Funds $3,003,569 $3,003,569 $3,003,569 $3,003,569 TOTAL PUBLIC FUNDS $3,003,569 $3,003,569 $3,003,569 $3,003,569 Section 4: Audits and Accounts, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 Section Total - Final $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,359,044 $34,359,044 $34,359,044 $34,642,067 $34,642,067 $34,642,067 $34,429,800 $34,429,800 $34,429,800 THURSDAY, MARCH 20, 2008 1901 Audit and Assurance Services Continuation Budget The purpose of this appropriation is to provide financial, performance and information system audits and perform duties as specified in OCGA 50-6-10. TOTAL STATE FUNDS $30,554,156 $30,554,156 $30,554,156 $30,554,156 State General Funds $30,554,156 $30,554,156 $30,554,156 $30,554,156 TOTAL PUBLIC FUNDS $30,554,156 $30,554,156 $30,554,156 $30,554,156 9.1 Reduce funds received for five positions due to the Governor's veto of HB91 (2007 Session). (CC:One quarter funding for five positions) State General Funds ($283,023) ($212,267) 9.100 -Audit and Assurance Services Appropriation (HB 989) The purpose of this appropriation is to provide financial, performance and information system audits and perform duties as specified in OCGA 50-6-10. TOTAL STATE FUNDS $30,554,156 $30,554,156 $30,271,133 $30,341,889 State General Funds $30,554,156 $30,554,156 $30,271,133 $30,341,889 TOTAL PUBLIC FUNDS $30,554,156 $30,554,156 $30,271,133 $30,341,889 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,697,528 $1,697,528 $1,697,528 State General Funds $1,697,528 $1,697,528 $1,697,528 TOTAL PUBLIC FUNDS $1,697,528 $1,697,528 $1,697,528 10.100 -Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,697,528 $1,697,528 $1,697,528 State General Funds $1,697,528 $1,697,528 $1,697,528 TOTAL PUBLIC FUNDS $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 Legislative Services Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $121,985 $121,985 $121,985 $121,985 $121,985 $121,985 $121,985 $121,985 $121,985 $121,985 $121,985 $121,985 1902 JOURNAL OF THE SENATE 11.100 -Legislative Services Appropriation (HB 989) 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 $121,985 $121,985 $121,985 $121,985 State General Funds $121,985 $121,985 $121,985 $121,985 TOTAL PUBLIC FUNDS $121,985 $121,985 $121,985 $121,985 Statewide Equalized Adjusted Property Tax Digest Continuation Budget 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. TOTAL STATE FUNDS $2,268,398 $2,268,398 $2,268,398 $2,268,398 State General Funds $2,268,398 $2,268,398 $2,268,398 $2,268,398 TOTAL PUBLIC FUNDS $2,268,398 $2,268,398 $2,268,398 $2,268,398 12.100 -Statewide Equalized Adjusted Property Tax Digest Appropriation (HB 989) 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. TOTAL STATE FUNDS $2,268,398 $2,268,398 $2,268,398 $2,268,398 State General Funds $2,268,398 $2,268,398 $2,268,398 $2,268,398 TOTAL PUBLIC FUNDS $2,268,398 $2,268,398 $2,268,398 $2,268,398 Section 5: Appeals, Court of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $13,808,111 $13,808,111 $13,808,111 $13,808,111 $150,000 $150,000 $150,000 $150,000 $13,958,111 $13,958,111 Section Total - Final $14,216,369 $14,216,369 $14,216,369 $14,216,369 $150,000 $150,000 $150,000 $150,000 $14,366,369 $14,366,369 $13,808,111 $13,808,111 $150,000 $150,000 $13,958,111 $14,143,127 $14,143,127 $150,000 $150,000 $14,293,127 $13,808,111 $13,808,111 $150,000 $150,000 $13,958,111 $14,143,127 $14,143,127 $150,000 $150,000 $14,293,127 THURSDAY, MARCH 20, 2008 1903 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 13.1 Increase funds for operations. $13,808,111 $13,808,111 $150,000 $150,000 $150,000 $13,958,111 $13,808,111 $13,808,111 $150,000 $150,000 $150,000 $13,958,111 $13,808,111 $13,808,111 $150,000 $150,000 $150,000 $13,958,111 $13,808,111 $13,808,111 $150,000 $150,000 $150,000 $13,958,111 State General Funds $73,242 $73,242 $0 $0 13.2 Increase funds to cover real estate costs associated with additional space acquired and an increase in square footage costs. Sites: Health Building, Judicial Building State General Funds 13.3 Increase funds for the Westlaw contract. $258,530 $258,530 $258,530 $258,530 State General Funds $20,445 $20,445 13.4 Increase funds for mileage reimbursements in accordance with HB120 (2007 Session). $20,445 $20,445 State General Funds $56,041 $56,041 $56,041 $56,041 13.100 -Court of Appeals Appropriation (HB 989) 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 $14,216,369 $14,216,369 $14,143,127 $14,143,127 State General Funds $14,216,369 $14,216,369 $14,143,127 $14,143,127 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 $14,366,369 $14,366,369 $14,293,127 $14,293,127 Section 6: Judicial Council TOTAL STATE FUNDS State General Funds Section Total - Continuation $16,198,503 $16,198,503 $16,198,503 $16,198,503 $16,198,503 $16,198,503 $16,198,503 $16,198,503 1904 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS $2,227,953 $2,227,953 Federal Funds Not Itemized $1,553,371 $1,553,371 Foster Care Title IV-E CFDA93.658 $521,571 $521,571 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $153,011 $153,011 TOTAL AGENCY FUNDS $621,594 $621,594 Sales and Services $621,594 $621,594 TOTAL PUBLIC FUNDS $19,048,050 $19,048,050 Section Total - Final TOTAL STATE FUNDS $16,198,503 $16,198,503 State General Funds $16,198,503 $16,198,503 TOTAL FEDERAL FUNDS $2,227,953 $2,227,953 Federal Funds Not Itemized $1,553,371 $1,553,371 Foster Care Title IV-E CFDA93.658 $521,571 $521,571 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $153,011 $153,011 TOTAL AGENCY FUNDS $621,594 $621,594 Sales and Services $621,594 $621,594 TOTAL PUBLIC FUNDS $19,048,050 $19,048,050 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 $16,198,503 $16,198,503 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 $16,198,503 $16,198,503 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 Georgia Office of Dispute Resolution Continuation Budget The purpose of this appropriation is to oversee the development of court-connected alternative dispute resolution programs in Georgia. TOTAL STATE FUNDS $144,643 $144,643 $144,643 $144,643 State General Funds $144,643 $144,643 $144,643 $144,643 TOTAL AGENCY FUNDS $185,679 $185,679 $185,679 $185,679 Sales and Services $185,679 $185,679 $185,679 $185,679 Sales and Services Not Itemized $185,679 $185,679 $185,679 $185,679 TOTAL PUBLIC FUNDS $330,322 $330,322 $330,322 $330,322 14.100 -Georgia Office of Dispute Resolution Appropriation (HB 989) The purpose of this appropriation is to oversee the development of court-connected alternative dispute resolution programs in Georgia. TOTAL STATE FUNDS $144,643 $144,643 $144,643 $144,643 State General Funds $144,643 $144,643 $144,643 $144,643 TOTAL AGENCY FUNDS $185,679 $185,679 $185,679 $185,679 THURSDAY, MARCH 20, 2008 1905 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $185,679 $185,679 $330,322 $185,679 $185,679 $330,322 $185,679 $185,679 $330,322 $185,679 $185,679 $330,322 Institute of Continuing Judicial Education Continuation Budget 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 $1,109,297 $1,109,297 $1,109,297 $1,109,297 State General Funds $1,109,297 $1,109,297 $1,109,297 $1,109,297 TOTAL AGENCY FUNDS $202,530 $202,530 $202,530 $202,530 Sales and Services $202,530 $202,530 $202,530 $202,530 Sales and Services Not Itemized $202,530 $202,530 $202,530 $202,530 TOTAL PUBLIC FUNDS $1,311,827 $1,311,827 $1,311,827 $1,311,827 15.100 -Institute of Continuing Judicial Education Appropriation (HB 989) 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 $1,109,297 $1,109,297 $1,109,297 $1,109,297 State General Funds $1,109,297 $1,109,297 $1,109,297 $1,109,297 TOTAL AGENCY FUNDS $202,530 $202,530 $202,530 $202,530 Sales and Services $202,530 $202,530 $202,530 $202,530 Sales and Services Not Itemized $202,530 $202,530 $202,530 $202,530 TOTAL PUBLIC FUNDS $1,311,827 $1,311,827 $1,311,827 $1,311,827 Judicial Council Continuation Budget The purpose of this appropriation is to assist judges, administrators, clerks of court and other officers and employees of the court pertaining to matters relating to court administration, provided that $2,150,000 is designated for Drug and DUI Courts. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL AGENCY FUNDS $13,841,964 $13,841,964 $2,227,953 $1,553,371 $521,571 $153,011 $233,385 $13,841,964 $13,841,964 $2,227,953 $1,553,371 $521,571 $153,011 $233,385 $13,841,964 $13,841,964 $2,227,953 $1,553,371 $521,571 $153,011 $233,385 $13,841,964 $13,841,964 $2,227,953 $1,553,371 $521,571 $153,011 $233,385 1906 JOURNAL OF THE SENATE Sales and Services $233,385 $233,385 $233,385 $233,385 Sales and Services Not Itemized $233,385 $233,385 $233,385 $233,385 TOTAL PUBLIC FUNDS $16,303,302 $16,303,302 $16,303,302 $16,303,302 16.100 -Judicial Council Appropriation (HB 989) The purpose of this appropriation is to assist judges, administrators, clerks of court and other officers and employees of the court pertaining to matters relating to court administration, provided that $2,150,000 is designated for Drug and DUI Courts. TOTAL STATE FUNDS $13,841,964 $13,841,964 $13,841,964 $13,841,964 State General Funds $13,841,964 $13,841,964 $13,841,964 $13,841,964 TOTAL FEDERAL FUNDS $2,227,953 $2,227,953 $2,227,953 $2,227,953 Federal Funds Not Itemized $1,553,371 $1,553,371 $1,553,371 $1,553,371 Foster Care Title IV-E CFDA93.658 $521,571 $521,571 $521,571 $521,571 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $153,011 $153,011 $153,011 $153,011 TOTAL AGENCY FUNDS $233,385 $233,385 $233,385 $233,385 Sales and Services $233,385 $233,385 $233,385 $233,385 Sales and Services Not Itemized $233,385 $233,385 $233,385 $233,385 TOTAL PUBLIC FUNDS $16,303,302 $16,303,302 $16,303,302 $16,303,302 Judicial Qualifications Commission Continuation Budget The purpose of this appropriation is to discipline, remove, and cause involuntary retirement of judges. TOTAL STATE FUNDS $302,599 $302,599 $302,599 State General Funds $302,599 $302,599 $302,599 TOTAL PUBLIC FUNDS $302,599 $302,599 $302,599 17.100 -Judicial Qualifications Commission Appropriation (HB 989) The purpose of this appropriation is to discipline, remove, and cause involuntary retirement of judges. TOTAL STATE FUNDS $302,599 $302,599 $302,599 State General Funds $302,599 $302,599 $302,599 TOTAL PUBLIC FUNDS $302,599 $302,599 $302,599 $302,599 $302,599 $302,599 $302,599 $302,599 $302,599 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 State General Funds TOTAL PUBLIC FUNDS $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 THURSDAY, MARCH 20, 2008 1907 18.100 -Resource Center Appropriation (HB 989) 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 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $6,703,551 $6,703,551 $6,703,551 $6,703,551 $447,456 $447,456 $447,456 $447,456 $7,151,007 $7,151,007 Section Total - Final $6,703,551 $6,703,551 $6,703,551 $6,703,551 $447,456 $447,456 $447,456 $447,456 $7,151,007 $7,151,007 $6,703,551 $6,703,551 $447,456 $447,456 $7,151,007 $6,703,551 $6,703,551 $447,456 $447,456 $7,151,007 $6,703,551 $6,703,551 $447,456 $447,456 $7,151,007 $6,703,551 $6,703,551 $447,456 $447,456 $7,151,007 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 $1,701,125 $1,701,125 $1,701,125 $1,701,125 State General Funds $1,701,125 $1,701,125 $1,701,125 $1,701,125 TOTAL FEDERAL FUNDS $447,456 $447,456 $447,456 $447,456 Federal Funds Not Itemized $447,456 $447,456 $447,456 $447,456 TOTAL PUBLIC FUNDS $2,148,581 $2,148,581 $2,148,581 $2,148,581 19.100 -Council of Juvenile Court Judges Appropriation (HB 989) 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 $1,701,125 $1,701,125 $1,701,125 $1,701,125 State General Funds $1,701,125 $1,701,125 $1,701,125 $1,701,125 1908 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $447,456 $447,456 $2,148,581 $447,456 $447,456 $2,148,581 $447,456 $447,456 $2,148,581 $447,456 $447,456 $2,148,581 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 $5,002,426 $5,002,426 $5,002,426 State General Funds $5,002,426 $5,002,426 $5,002,426 TOTAL PUBLIC FUNDS $5,002,426 $5,002,426 $5,002,426 20.100 -Grants to Counties for Juvenile Court Judges Appropriation (HB 989) This program mandates payment of state funds to circuits to pay for juvenile court judges salaries. TOTAL STATE FUNDS $5,002,426 $5,002,426 $5,002,426 State General Funds $5,002,426 $5,002,426 $5,002,426 TOTAL PUBLIC FUNDS $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 Section 8: Prosecuting Attorneys TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $57,401,675 $57,401,675 $1,767,046 $1,767,046 $59,168,721 $57,401,675 $57,401,675 $1,767,046 $1,767,046 $59,168,721 $57,401,675 $57,401,675 $1,767,046 $1,767,046 $59,168,721 $57,401,675 $57,401,675 $1,767,046 $1,767,046 $59,168,721 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $57,757,713 $57,511,675 $57,757,713 $57,511,675 $1,767,046 $1,767,046 $1,767,046 $1,767,046 $59,524,759 $59,278,721 $57,617,713 $57,617,713 $1,767,046 $1,767,046 $59,384,759 $57,617,713 $57,617,713 $1,767,046 $1,767,046 $59,384,759 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. THURSDAY, MARCH 20, 2008 1909 TOTAL STATE FUNDS $51,194,203 $51,194,203 $51,194,203 $51,194,203 State General Funds $51,194,203 $51,194,203 $51,194,203 $51,194,203 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,767,046 $1,767,046 $1,767,046 $1,767,046 Federal Funds Transfers $1,767,046 $1,767,046 $1,767,046 $1,767,046 FF Child Support Enforcement Title IV-D CFDA93.563 $1,767,046 $1,767,046 $1,767,046 $1,767,046 TOTAL PUBLIC FUNDS $52,961,249 $52,961,249 $52,961,249 $52,961,249 21.1 Increase funds to cover a projected operating shortfall. (H and S:Increase funds to cover a shortfall in travel) State General Funds $250,000 $110,000 $110,000 $110,000 21.100 -District Attorneys Appropriation (HB 989) 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 $51,444,203 $51,304,203 $51,304,203 $51,304,203 State General Funds $51,444,203 $51,304,203 $51,304,203 $51,304,203 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,767,046 $1,767,046 $1,767,046 $1,767,046 Federal Funds Transfers $1,767,046 $1,767,046 $1,767,046 $1,767,046 FF Child Support Enforcement Title IV-D CFDA93.563 $1,767,046 $1,767,046 $1,767,046 $1,767,046 TOTAL PUBLIC FUNDS $53,211,249 $53,071,249 $53,071,249 $53,071,249 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 $6,207,472 $6,207,472 $6,207,472 State General Funds $6,207,472 $6,207,472 $6,207,472 TOTAL PUBLIC FUNDS $6,207,472 $6,207,472 $6,207,472 22.1 Increase funds for the contract with the Department of Administrative Services (DOAS) for a payroll clerk. $6,207,472 $6,207,472 $6,207,472 State General Funds $17,038 $0 $17,038 $17,038 22.2 Increase funds to complete a contract initiated in FY07 for the judicial circuit integrated communications project. State General Funds $89,000 $0 $89,000 $89,000 22.100 -Prosecuting Attorney's Council Appropriation (HB 989) This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $6,313,510 $6,207,472 $6,313,510 $6,313,510 State General Funds $6,313,510 $6,207,472 $6,313,510 $6,313,510 TOTAL PUBLIC FUNDS $6,313,510 $6,207,472 $6,313,510 $6,313,510 1910 JOURNAL OF THE SENATE Section 9: Superior Courts TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 Section Total - Final $61,286,679 $61,286,679 $61,286,679 $61,286,679 $61,286,679 $61,286,679 $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 $61,232,688 $61,232,688 $61,232,688 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 $258,000 $258,000 $258,000 $258,000 State General Funds $258,000 $258,000 $258,000 $258,000 TOTAL PUBLIC FUNDS $258,000 $258,000 $258,000 $258,000 25.100 -Council of Superior Court Clerks Appropriation (HB 989) 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 $258,000 $258,000 $258,000 $258,000 State General Funds $258,000 $258,000 $258,000 $258,000 TOTAL PUBLIC FUNDS $258,000 $258,000 $258,000 $258,000 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 $1,079,165 $1,079,165 $1,079,165 $1,079,165 State General Funds $1,079,165 $1,079,165 $1,079,165 $1,079,165 TOTAL PUBLIC FUNDS $1,079,165 $1,079,165 $1,079,165 $1,079,165 26.100 -Council of Superior Court Judges Appropriation (HB 989) 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 $1,079,165 $1,079,165 $1,079,165 $1,079,165 THURSDAY, MARCH 20, 2008 1911 State General Funds TOTAL PUBLIC FUNDS $1,079,165 $1,079,165 $1,079,165 $1,079,165 $1,079,165 $1,079,165 $1,079,165 $1,079,165 Judicial Administrative Districts Continuation Budget 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 $2,378,508 $2,378,508 $2,378,508 $2,378,508 State General Funds $2,378,508 $2,378,508 $2,378,508 $2,378,508 TOTAL PUBLIC FUNDS $2,378,508 $2,378,508 $2,378,508 $2,378,508 27.100 -Judicial Administrative Districts Appropriation (HB 989) 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 $2,378,508 $2,378,508 $2,378,508 $2,378,508 State General Funds $2,378,508 $2,378,508 $2,378,508 $2,378,508 TOTAL PUBLIC FUNDS $2,378,508 $2,378,508 $2,378,508 $2,378,508 Superior Court Judges Continuation Budget The purpose of this appropriation is to enable Georgia's Superior Courts to be general jurisdiction trial court and exercise exclusive, constitutional authority over felony cases, divorce, equity and cases regarding title to land; provided that law clerks over the fifty provided by law are to be allocated back to the circuits by caseload ranks. TOTAL STATE FUNDS $57,130,015 $57,130,015 $57,130,015 $57,130,015 State General Funds $57,130,015 $57,130,015 $57,130,015 $57,130,015 TOTAL PUBLIC FUNDS $57,130,015 $57,130,015 $57,130,015 $57,130,015 28.1 Increase funds for employer contributions to the county courts' retirement fund for state court judges, juvenile court judges, and county solicitors general. State General Funds $440,991 $440,991 $0 $387,000 28.100 -Superior Court Judges Appropriation (HB 989) The purpose of this appropriation is to enable Georgia's Superior Courts to be general jurisdiction trial court and exercise exclusive, constitutional authority over felony cases, divorce, equity and cases regarding title to land; provided that law clerks over the fifty provided by law are to be allocated back to the circuits by caseload ranks. TOTAL STATE FUNDS $57,571,006 $57,571,006 $57,130,015 $57,517,015 State General Funds $57,571,006 $57,571,006 $57,130,015 $57,517,015 TOTAL PUBLIC FUNDS $57,571,006 $57,571,006 $57,130,015 $57,517,015 1912 JOURNAL OF THE SENATE Section 10: Supreme Court TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 Section Total - Final $8,862,383 $8,734,309 $8,862,383 $8,734,309 $8,862,383 $8,734,309 $8,700,335 $8,700,335 $8,700,335 $8,826,193 $8,826,193 $8,826,193 $8,700,335 $8,700,335 $8,700,335 $8,734,309 $8,734,309 $8,734,309 Supreme Court of Georgia Continuation Budget 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 $8,700,335 State General Funds $8,700,335 TOTAL PUBLIC FUNDS $8,700,335 29.1 Increase funds for annual leave payouts for four retiring employees. $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 State General Funds $104,074 $0 $79,884 $0 29.2 Increase funds for mileage reimbursements in accordance with HB120 (2007 Session). State General Funds $10,000 $10,000 $10,000 29.3 Increase funds to cover the FY08 Georgia Building Authority (GBA) real estate rental rate adjustment. $10,000 State General Funds $11,349 $11,349 $11,349 $11,349 29.4 Increase funds for an adjustment in rent for the Georgia International Convention Center to administer the Georgia Bar Exam. State General Funds $24,000 $0 $12,000 $0 29.5 Increase funds for fees paid to monitors and professional consultants for the Georgia Bar Exam. State General Funds $12,625 $12,625 $12,625 $12,625 29.100 -Supreme Court of Georgia Appropriation (HB 989) 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. THURSDAY, MARCH 20, 2008 1913 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $8,862,383 $8,862,383 $8,862,383 $8,734,309 $8,734,309 $8,734,309 $8,826,193 $8,826,193 $8,826,193 $8,734,309 $8,734,309 $8,734,309 Section 11: Accounting Office, State TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $7,205,916 $7,205,916 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $9,258,772 $9,258,772 $16,464,688 $16,464,688 Section Total - Final $7,205,916 $7,205,916 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $9,258,772 $9,258,772 $16,464,688 $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 State Accounting Office Continuation Budget 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 $7,205,916 $7,205,916 $7,205,916 $7,205,916 State General Funds $7,205,916 $7,205,916 $7,205,916 $7,205,916 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $9,258,772 $9,258,772 $9,258,772 $9,258,772 State Funds Transfers $9,258,772 $9,258,772 $9,258,772 $9,258,772 Accounting System Assessments $9,258,772 $9,258,772 $9,258,772 $9,258,772 TOTAL PUBLIC FUNDS $16,464,688 $16,464,688 $16,464,688 $16,464,688 30.100 -State Accounting Office Appropriation (HB 989) 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 $7,205,916 $7,205,916 $7,205,916 $7,205,916 State General Funds $7,205,916 $7,205,916 $7,205,916 $7,205,916 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $9,258,772 $9,258,772 $9,258,772 $9,258,772 1914 JOURNAL OF THE SENATE State Funds Transfers Accounting System Assessments TOTAL PUBLIC FUNDS $9,258,772 $9,258,772 $16,464,688 $9,258,772 $9,258,772 $16,464,688 $9,258,772 $9,258,772 $16,464,688 $9,258,772 $9,258,772 $16,464,688 Section 12: Administrative Services, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $16,118,189 $16,118,189 $16,118,189 $16,118,189 $7,523,494 $7,523,494 $262,121 $262,121 $1,483,725 $1,483,725 $214,726 $214,726 $5,562,922 $5,562,922 $142,287,597 $142,287,597 $142,287,597 $142,287,597 $165,929,280 $165,929,280 Section Total - Final $15,818,189 $16,318,189 $15,818,189 $16,318,189 $7,523,494 $7,523,494 $262,121 $262,121 $1,483,725 $1,483,725 $214,726 $214,726 $5,562,922 $5,562,922 $142,287,597 $142,287,597 $142,287,597 $142,287,597 $165,629,280 $166,129,280 $16,118,189 $16,118,189 $7,523,494 $262,121 $1,483,725 $214,726 $5,562,922 $142,287,597 $142,287,597 $165,929,280 $15,918,189 $15,918,189 $8,348,494 $262,121 $2,308,725 $214,726 $5,562,922 $142,287,597 $142,287,597 $166,554,280 $16,118,189 $16,118,189 $7,523,494 $262,121 $1,483,725 $214,726 $5,562,922 $142,287,597 $142,287,597 $165,929,280 $15,918,189 $15,918,189 $8,380,721 $262,121 $2,340,952 $214,726 $5,562,922 $142,287,597 $142,287,597 $166,586,507 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS $2,349,936 $2,349,936 $762,350 $2,349,936 $2,349,936 $762,350 $2,349,936 $2,349,936 $762,350 $2,349,936 $2,349,936 $762,350 THURSDAY, MARCH 20, 2008 1915 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 $641,078 $641,078 $641,078 $641,078 Sales and Services Not Itemized $641,078 $641,078 $641,078 $641,078 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,235,392 $1,235,392 $1,235,392 $1,235,392 State Funds Transfers $1,235,392 $1,235,392 $1,235,392 $1,235,392 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 $759,169 $759,169 $759,169 $759,169 TOTAL PUBLIC FUNDS $4,347,678 $4,347,678 $4,347,678 $4,347,678 31.1 Increase funds for personnel. (S:Use purchasing card rebates and commissions to cover the shortfall)(CC:Transfer from the State Purchasing program) State General Funds $400,000 $0 Rebates, Refunds, and Reimbursements Not Itemized $825,000 TOTAL PUBLIC FUNDS $825,000 31.100 -Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,349,936 $2,749,936 $2,349,936 State General Funds $2,349,936 $2,749,936 $2,349,936 TOTAL AGENCY FUNDS $762,350 $762,350 $1,587,350 Interest and Investment Income $62,121 $62,121 $62,121 Interest and Investment Income Not Itemized $62,121 $62,121 $62,121 Rebates, Refunds, and Reimbursements $825,000 Rebates, Refunds, and Reimbursements Not Itemized $825,000 Royalties and Rents $59,151 $59,151 $59,151 Royalties and Rents Not Itemized $59,151 $59,151 $59,151 Sales and Services $641,078 $641,078 $641,078 Sales and Services Not Itemized $641,078 $641,078 $641,078 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,235,392 $1,235,392 $1,235,392 State Funds Transfers $1,235,392 $1,235,392 $1,235,392 $857,227 $0 $857,227 $3,207,163 $3,207,163 $762,350 $62,121 $62,121 $59,151 $59,151 $641,078 $641,078 $1,235,392 $1,235,392 1916 JOURNAL OF THE SENATE Agency to Agency Contracts Mail and Courier Services Motor Vehicle Rental Payments Risk Management Assessments TOTAL PUBLIC FUNDS $21,818 $250,719 $203,686 $759,169 $4,347,678 $21,818 $250,719 $203,686 $759,169 $4,747,678 $21,818 $250,719 $203,686 $759,169 $5,172,678 $21,818 $250,719 $203,686 $759,169 $5,204,905 Fiscal Services Continuation Budget The purpose of this appropriation is to provide administrative functions and services necessary for the fulfillment of the responsibilities of the Superior Courts. TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $325,184 $325,184 $325,184 $325,184 State Funds Transfers $325,184 $325,184 $325,184 $325,184 Agency to Agency Contracts $325,184 $325,184 $325,184 $325,184 TOTAL PUBLIC FUNDS $325,184 $325,184 $325,184 $325,184 32.100 -Fiscal Services Appropriation (HB 989) 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 $325,184 $325,184 $325,184 $325,184 State Funds Transfers $325,184 $325,184 $325,184 $325,184 Agency to Agency Contracts $325,184 $325,184 $325,184 $325,184 TOTAL PUBLIC FUNDS $325,184 $325,184 $325,184 $325,184 Fleet Management Continuation Budget The purpose 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 STATE FUNDS State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers $0 $0 $863,905 $863,905 $863,905 $1,290,432 $1,290,432 $0 $0 $863,905 $863,905 $863,905 $1,290,432 $1,290,432 $0 $0 $863,905 $863,905 $863,905 $1,290,432 $1,290,432 $0 $0 $863,905 $863,905 $863,905 $1,290,432 $1,290,432 THURSDAY, MARCH 20, 2008 1917 Motor Vehicle Rental Payments $1,290,432 $1,290,432 $1,290,432 $1,290,432 TOTAL PUBLIC FUNDS $2,154,337 $2,154,337 $2,154,337 $2,154,337 33.100 -Fleet Management Appropriation (HB 989) The purpose 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 AGENCY FUNDS $863,905 $863,905 $863,905 $863,905 Rebates, Refunds, and Reimbursements $863,905 $863,905 $863,905 $863,905 Rebates, Refunds, and Reimbursements Not Itemized $863,905 $863,905 $863,905 $863,905 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,290,432 $1,290,432 $1,290,432 $1,290,432 State Funds Transfers $1,290,432 $1,290,432 $1,290,432 $1,290,432 Motor Vehicle Rental Payments $1,290,432 $1,290,432 $1,290,432 $1,290,432 TOTAL PUBLIC FUNDS $2,154,337 $2,154,337 $2,154,337 $2,154,337 Mail and Courier Continuation Budget 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. TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,398,982 $1,398,982 $1,398,982 $1,398,982 State Funds Transfers $1,398,982 $1,398,982 $1,398,982 $1,398,982 Mail and Courier Services $1,398,982 $1,398,982 $1,398,982 $1,398,982 TOTAL PUBLIC FUNDS $1,398,982 $1,398,982 $1,398,982 $1,398,982 34.100 -Mail and Courier Appropriation (HB 989) 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. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,398,982 $1,398,982 $1,398,982 $1,398,982 State Funds Transfers $1,398,982 $1,398,982 $1,398,982 $1,398,982 Mail and Courier Services $1,398,982 $1,398,982 $1,398,982 $1,398,982 TOTAL PUBLIC FUNDS $1,398,982 $1,398,982 $1,398,982 $1,398,982 Risk Management Continuation Budget The purpose is cost minimization and fair treatment of citizens through effective claims management. TOTAL STATE FUNDS $0 $0 $0 $0 1918 JOURNAL OF THE SENATE State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $137,428,923 $137,428,923 $137,428,923 State Funds Transfers $137,428,923 $137,428,923 $137,428,923 Agency to Agency Contracts $978,423 $978,423 $978,423 Liability Funds $51,804,479 $51,804,479 $51,804,479 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 $137,428,923 $137,428,923 $137,428,923 35.100 -Risk Management Appropriation (HB 989) The purpose is cost minimization and fair treatment of citizens through effective claims management. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $137,428,923 $137,428,923 $137,428,923 State Funds Transfers $137,428,923 $137,428,923 $137,428,923 Agency to Agency Contracts $978,423 $978,423 $978,423 Liability Funds $51,804,479 $51,804,479 $51,804,479 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 $137,428,923 $137,428,923 $137,428,923 $0 $137,428,923 $137,428,923 $978,423 $51,804,479 $20,678,179 $8,046,494 $55,921,348 $137,428,923 $137,428,923 $137,428,923 $978,423 $51,804,479 $20,678,179 $8,046,494 $55,921,348 $137,428,923 State Purchasing Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 36.1 Transfer to Departmental Administration and replace funds. $7,336,529 $7,336,529 $286,093 $185,003 $185,003 $101,090 $101,090 $7,622,622 $7,336,529 $7,336,529 $286,093 $185,003 $185,003 $101,090 $101,090 $7,622,622 $7,336,529 $7,336,529 $286,093 $185,003 $185,003 $101,090 $101,090 $7,622,622 $7,336,529 $7,336,529 $286,093 $185,003 $185,003 $101,090 $101,090 $7,622,622 State General Funds ($857,227) THURSDAY, MARCH 20, 2008 1919 Rebates, Refunds, and Reimbursements Not Itemized $857,227 TOTAL PUBLIC FUNDS $0 36.100 -State Purchasing Appropriation (HB 989) 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 $7,336,529 $7,336,529 $7,336,529 $6,479,302 State General Funds $7,336,529 $7,336,529 $7,336,529 $6,479,302 TOTAL AGENCY FUNDS $286,093 $286,093 $286,093 $1,143,320 Rebates, Refunds, and Reimbursements $185,003 $185,003 $185,003 $1,042,230 Rebates, Refunds, and Reimbursements Not Itemized $185,003 $185,003 $185,003 $1,042,230 Sales and Services $101,090 $101,090 $101,090 $101,090 Sales and Services Not Itemized $101,090 $101,090 $101,090 $101,090 TOTAL PUBLIC FUNDS $7,622,622 $7,622,622 $7,622,622 $7,622,622 Surplus Property Continuation Budget 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. TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 TOTAL AGENCY FUNDS $2,332,891 $2,332,891 $2,332,891 $2,332,891 Sales and Services $2,332,891 $2,332,891 $2,332,891 $2,332,891 Sales and Services Not Itemized $2,332,891 $2,332,891 $2,332,891 $2,332,891 TOTAL PUBLIC FUNDS $2,332,891 $2,332,891 $2,332,891 $2,332,891 37.100 -Surplus Property Appropriation (HB 989) 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. TOTAL AGENCY FUNDS $2,332,891 $2,332,891 $2,332,891 $2,332,891 Sales and Services $2,332,891 $2,332,891 $2,332,891 $2,332,891 Sales and Services Not Itemized $2,332,891 $2,332,891 $2,332,891 $2,332,891 TOTAL PUBLIC FUNDS $2,332,891 $2,332,891 $2,332,891 $2,332,891 U.S. Post Office Continuation Budget The purpose of this appropriation is to provide convenient and cost-effective postal services to agencies and individuals. 1920 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized TOTAL PUBLIC FUNDS $21,415 $21,415 $155,575 $155,575 $155,575 $176,990 $21,415 $21,415 $155,575 $155,575 $155,575 $176,990 $21,415 $21,415 $155,575 $155,575 $155,575 $176,990 $21,415 $21,415 $155,575 $155,575 $155,575 $176,990 38.100 -U.S. Post Office Appropriation (HB 989) The purpose of this appropriation is to provide convenient and cost-effective postal services to agencies and individuals. TOTAL STATE FUNDS $21,415 $21,415 $21,415 $21,415 State General Funds $21,415 $21,415 $21,415 $21,415 TOTAL AGENCY FUNDS $155,575 $155,575 $155,575 $155,575 Royalties and Rents $155,575 $155,575 $155,575 $155,575 Royalties and Rents Not Itemized $155,575 $155,575 $155,575 $155,575 TOTAL PUBLIC FUNDS $176,990 $176,990 $176,990 $176,990 Administrative Hearings, Office of State Continuation Budget The purpose of this appropriation is to provide an impartial, independent forum for resolving disputes between the public and state agencies. TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Administrative Hearing Payments per OCGA50-13-44 TOTAL PUBLIC FUNDS 39.1 Reduce funds for personnel. $4,042,713 $4,042,713 $608,684 $608,684 $608,684 $4,651,397 $4,042,713 $4,042,713 $608,684 $608,684 $608,684 $4,651,397 $4,042,713 $4,042,713 $608,684 $608,684 $608,684 $4,651,397 $4,042,713 $4,042,713 $608,684 $608,684 $608,684 $4,651,397 State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 39.100 -Administrative Hearings, Office of State Appropriation (HB 989) The purpose of this appropriation is to provide an impartial, independent forum for resolving disputes between the public and state agencies. TOTAL STATE FUNDS $3,742,713 $3,742,713 $3,742,713 $3,742,713 State General Funds $3,742,713 $3,742,713 $3,742,713 $3,742,713 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $608,684 $608,684 $608,684 $608,684 THURSDAY, MARCH 20, 2008 1921 State Funds Transfers Administrative Hearing Payments per OCGA50-13-44 TOTAL PUBLIC FUNDS $608,684 $608,684 $4,351,397 $608,684 $608,684 $4,351,397 $608,684 $608,684 $4,351,397 $608,684 $608,684 $4,351,397 Hazardous Materials, Agency for the Removal of Continuation Budget 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 $85,354 State General Funds $85,354 $85,354 $85,354 $85,354 TOTAL PUBLIC FUNDS $85,354 $85,354 $85,354 $85,354 40.100 -Hazardous Materials, Agency for the Removal of Appropriation (HB 989) 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 $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 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 41.100 -Health Planning Review Board Appropriation (HB 989) 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 $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 Payments to Georgia Technology Authority Continuation Budget The purpose of this appropriation is to provide for consultant fees related to the Commission for a New Georgia initiatives. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 1922 JOURNAL OF THE SENATE 42.100 -Payments to Georgia Technology Authority Appropriation (HB 989) The purpose of this appropriation is to provide for consultant fees related to the Commission for a New Georgia initiatives. TOTAL STATE FUNDS $1,396,769 $1,396,769 $1,396,769 $1,396,769 State General Funds $1,396,769 $1,396,769 $1,396,769 $1,396,769 TOTAL PUBLIC FUNDS $1,396,769 $1,396,769 $1,396,769 $1,396,769 Treasury and Fiscal Services, Office of Continuation Budget 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 $0 $0 $0 $0 State General Funds $0 $0 $0 $0 TOTAL AGENCY FUNDS $3,122,680 $3,122,680 $3,122,680 $3,122,680 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 $434,817 $434,817 $434,817 $434,817 Rebates, Refunds, and Reimbursements Not Itemized $434,817 $434,817 $434,817 $434,817 Sales and Services $2,487,863 $2,487,863 $2,487,863 $2,487,863 Sales and Services Not Itemized $2,487,863 $2,487,863 $2,487,863 $2,487,863 TOTAL PUBLIC FUNDS $3,122,680 $3,122,680 $3,122,680 $3,122,680 43.100 -Treasury and Fiscal Services, Office of Appropriation (HB 989) 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 AGENCY FUNDS $3,122,680 $3,122,680 $3,122,680 $3,122,680 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 $434,817 $434,817 $434,817 $434,817 Rebates, Refunds, and Reimbursements Not Itemized $434,817 $434,817 $434,817 $434,817 Sales and Services $2,487,863 $2,487,863 $2,487,863 $2,487,863 Sales and Services Not Itemized $2,487,863 $2,487,863 $2,487,863 $2,487,863 TOTAL PUBLIC FUNDS $3,122,680 $3,122,680 $3,122,680 $3,122,680 Compensation Per General Assembly Resolutions Continuation Budget The purpose of this appropriation is to fund HR102 of the 2007 Session. THURSDAY, MARCH 20, 2008 1923 TOTAL STATE FUNDS $825,000 State General Funds $825,000 TOTAL PUBLIC FUNDS $825,000 399.1 Increase funds for the annuity as required by HR102 (2007 Session). $825,000 $825,000 $825,000 $825,000 $825,000 $825,000 State General Funds $100,000 $100,000 399.100 -Compensation Per General Assembly Resolutions Appropriation (HB 989) The purpose of this appropriation is to fund HR102 of the 2007 Session. TOTAL STATE FUNDS $825,000 $925,000 $925,000 State General Funds $825,000 $925,000 $925,000 TOTAL PUBLIC FUNDS $825,000 $925,000 $925,000 Section 13: Agriculture, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $46,192,622 $46,192,622 $6,849,321 $6,849,321 $1,884,689 $663,868 $100,000 $1,120,821 $54,926,632 $46,192,622 $46,192,622 $6,849,321 $6,849,321 $1,884,689 $663,868 $100,000 $1,120,821 $54,926,632 $46,192,622 $46,192,622 $6,849,321 $6,849,321 $1,884,689 $663,868 $100,000 $1,120,821 $54,926,632 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $46,192,622 $46,226,622 $46,192,622 $46,226,622 $6,849,321 $6,849,321 $6,849,321 $6,849,321 $1,884,689 $1,884,689 $663,868 $663,868 $100,000 $100,000 $1,120,821 $1,120,821 $54,926,632 $54,960,632 $46,192,622 $46,192,622 $6,849,321 $6,849,321 $1,884,689 $663,868 $100,000 $1,120,821 $54,926,632 $825,000 $825,000 $825,000 $100,000 $925,000 $925,000 $925,000 $46,192,622 $46,192,622 $6,849,321 $6,849,321 $1,884,689 $663,868 $100,000 $1,120,821 $54,926,632 $46,226,622 $46,226,622 $6,849,321 $6,849,321 $1,884,689 $663,868 $100,000 $1,120,821 $54,960,632 1924 JOURNAL OF THE SENATE Athens and Tifton Veterinary Laboratories Continuation Budget The purpose of this appropriation is to ensure the health of production, equine and companion animals and protect public health as it relates to animals within the State of Georgia. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,651,229 $3,651,229 $3,651,229 $3,651,229 $3,651,229 $3,651,229 $3,651,229 $3,651,229 $3,651,229 $3,651,229 $3,651,229 $3,651,229 44.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 989) The purpose of this appropriation is to ensure the health of production, equine and companion animals and protect public health as it relates to animals within the State of Georgia. TOTAL STATE FUNDS $3,651,229 $3,651,229 $3,651,229 $3,651,229 State General Funds $3,651,229 $3,651,229 $3,651,229 $3,651,229 TOTAL PUBLIC FUNDS $3,651,229 $3,651,229 $3,651,229 $3,651,229 Consumer Protection Continuation Budget The purpose of this appropriation is to ensure a safe food supply, guarantee a safe and healthy supply of agricultural products, provide for accurate commercial transactions, and protect animal health (production, equine and companion) for the citizens of Georgia. TOTAL STATE FUNDS $24,000,511 $24,000,511 $24,000,511 $24,000,511 State General Funds $24,000,511 $24,000,511 $24,000,511 $24,000,511 TOTAL FEDERAL FUNDS $6,749,221 $6,749,221 $6,749,221 $6,749,221 Federal Funds Not Itemized $6,749,221 $6,749,221 $6,749,221 $6,749,221 TOTAL AGENCY FUNDS $935,000 $935,000 $935,000 $935,000 Rebates, Refunds, and Reimbursements $100,000 $100,000 $100,000 $100,000 Rebates, Refunds, and Reimbursements Not Itemized $100,000 $100,000 $100,000 $100,000 Sales and Services $835,000 $835,000 $835,000 $835,000 Sales and Services Not Itemized $835,000 $835,000 $835,000 $835,000 TOTAL PUBLIC FUNDS $31,684,732 $31,684,732 $31,684,732 $31,684,732 45.1 Increase funds for four homeland security and food defense positions added in HB95 (FY08) to fund the final quarter of FY08. State General Funds $34,000 $0 $34,000 45.2 Utilize existing funds to provide vehicles for forty-six consumer protection investigators driving over 14,000 miles per year. (H and CC:YES) State General Funds $0 $0 THURSDAY, MARCH 20, 2008 1925 45.100 -Consumer Protection Appropriation (HB 989) The purpose of this appropriation is to ensure a safe food supply, guarantee a safe and healthy supply of agricultural products, provide for accurate commercial transactions, and protect animal health (production, equine and companion) for the citizens of Georgia. TOTAL STATE FUNDS $24,000,511 $24,034,511 $24,000,511 $24,034,511 State General Funds $24,000,511 $24,034,511 $24,000,511 $24,034,511 TOTAL FEDERAL FUNDS $6,749,221 $6,749,221 $6,749,221 $6,749,221 Federal Funds Not Itemized $6,749,221 $6,749,221 $6,749,221 $6,749,221 TOTAL AGENCY FUNDS $935,000 $935,000 $935,000 $935,000 Rebates, Refunds, and Reimbursements $100,000 $100,000 $100,000 $100,000 Rebates, Refunds, and Reimbursements Not Itemized $100,000 $100,000 $100,000 $100,000 Sales and Services $835,000 $835,000 $835,000 $835,000 Sales and Services Not Itemized $835,000 $835,000 $835,000 $835,000 TOTAL PUBLIC FUNDS $31,684,732 $31,718,732 $31,684,732 $31,718,732 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $6,782,863 $6,782,863 $6,782,863 State General Funds $6,782,863 $6,782,863 $6,782,863 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 Sales and Services Not Itemized $258,721 $258,721 $258,721 TOTAL PUBLIC FUNDS $7,111,084 $7,111,084 $7,111,084 46.100 -Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $6,782,863 $6,782,863 $6,782,863 State General Funds $6,782,863 $6,782,863 $6,782,863 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 $6,782,863 $6,782,863 $69,500 $69,500 $258,721 $258,721 $258,721 $7,111,084 $6,782,863 $6,782,863 $69,500 $69,500 $258,721 $258,721 1926 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $258,721 $7,111,084 $258,721 $7,111,084 $258,721 $7,111,084 $258,721 $7,111,084 Marketing and Promotion Continuation Budget The purpose of this appropriation is to expand sales of Georgia's commodities from growers by promoting them domestically and internationally. TOTAL STATE FUNDS $8,269,475 $8,269,475 $8,269,475 $8,269,475 State General Funds $8,269,475 $8,269,475 $8,269,475 $8,269,475 TOTAL FEDERAL FUNDS $30,600 $30,600 $30,600 $30,600 Federal Funds Not Itemized $30,600 $30,600 $30,600 $30,600 TOTAL AGENCY FUNDS $690,968 $690,968 $690,968 $690,968 Intergovernmental Transfers $663,868 $663,868 $663,868 $663,868 Intergovernmental Transfers Not Itemized $663,868 $663,868 $663,868 $663,868 Sales and Services $27,100 $27,100 $27,100 $27,100 Sales and Services Not Itemized $27,100 $27,100 $27,100 $27,100 TOTAL PUBLIC FUNDS $8,991,043 $8,991,043 $8,991,043 $8,991,043 47.100 -Marketing and Promotion Appropriation (HB 989) The purpose of this appropriation is to expand sales of Georgia's commodities from growers by promoting them domestically and internationally. TOTAL STATE FUNDS $8,269,475 $8,269,475 $8,269,475 $8,269,475 State General Funds $8,269,475 $8,269,475 $8,269,475 $8,269,475 TOTAL FEDERAL FUNDS $30,600 $30,600 $30,600 $30,600 Federal Funds Not Itemized $30,600 $30,600 $30,600 $30,600 TOTAL AGENCY FUNDS $690,968 $690,968 $690,968 $690,968 Intergovernmental Transfers $663,868 $663,868 $663,868 $663,868 Intergovernmental Transfers Not Itemized $663,868 $663,868 $663,868 $663,868 Sales and Services $27,100 $27,100 $27,100 $27,100 Sales and Services Not Itemized $27,100 $27,100 $27,100 $27,100 TOTAL PUBLIC FUNDS $8,991,043 $8,991,043 $8,991,043 $8,991,043 Poultry Veterinary Diagnostic Labs Continuation Budget The purpose of this appropriation is to provide poultry disease diagnostic and monitoring services with emphasis on Avian Influenza. TOTAL STATE FUNDS $3,488,544 $3,488,544 $3,488,544 $3,488,544 THURSDAY, MARCH 20, 2008 1927 State General Funds $3,488,544 $3,488,544 $3,488,544 $3,488,544 TOTAL PUBLIC FUNDS $3,488,544 $3,488,544 $3,488,544 $3,488,544 48.100 -Poultry Veterinary Diagnostic Labs Appropriation (HB 989) The purpose of this appropriation is to provide poultry disease diagnostic and monitoring services with emphasis on Avian Influenza. TOTAL STATE FUNDS $3,488,544 $3,488,544 $3,488,544 $3,488,544 State General Funds $3,488,544 $3,488,544 $3,488,544 $3,488,544 TOTAL PUBLIC FUNDS $3,488,544 $3,488,544 $3,488,544 $3,488,544 Section 14: Banking and Finance, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 Section Total - Final $12,399,667 $12,399,667 $12,399,667 $12,399,667 $12,399,667 $12,399,667 $12,218,642 $12,218,642 $12,218,642 $12,399,667 $12,399,667 $12,399,667 $12,218,642 $12,218,642 $12,218,642 $12,399,667 $12,399,667 $12,399,667 Chartering, Licensing and Applications/Non-Mortgage Entities Continuation Budget 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 $1,250,814 $1,250,814 $1,250,814 $1,250,814 State General Funds $1,250,814 $1,250,814 $1,250,814 $1,250,814 TOTAL PUBLIC FUNDS $1,250,814 $1,250,814 $1,250,814 $1,250,814 49.1 Transfer funds to the Consumer Protection and Assistance, Departmental Administration, and Financial Institution Supervision and Mortgage Supervision programs received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds ($712,157) ($712,157) ($712,157) ($712,157) 49.100 -Chartering, Licensing and Applications/Non-Mortgage Entities Appropriation (HB 989) 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 $538,657 $538,657 $538,657 $538,657 State General Funds $538,657 $538,657 $538,657 $538,657 1928 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $538,657 $538,657 $538,657 $538,657 Consumer Protection and Assistance Continuation Budget The purpose of this appropriation is to assist consumers with problems encountered when dealing with department-regulated entities. TOTAL STATE FUNDS $564,842 $564,842 $564,842 $564,842 State General Funds $564,842 $564,842 $564,842 $564,842 TOTAL PUBLIC FUNDS $564,842 $564,842 $564,842 $564,842 50.1 Transfer funds from the Chartering, Licensing and Applications/Non-Mortgage Entities programs received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds $84,377 $84,377 $84,377 $84,377 50.100 -Consumer Protection and Assistance Appropriation (HB 989) The purpose of this appropriation is to assist consumers with problems encountered when dealing with department-regulated entities. TOTAL STATE FUNDS $649,219 $649,219 $649,219 $649,219 State General Funds $649,219 $649,219 $649,219 $649,219 TOTAL PUBLIC FUNDS $649,219 $649,219 $649,219 $649,219 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $1,876,614 $1,876,614 $1,876,614 $1,876,614 State General Funds $1,876,614 $1,876,614 $1,876,614 $1,876,614 TOTAL PUBLIC FUNDS $1,876,614 $1,876,614 $1,876,614 $1,876,614 51.1 Transfer funds from the Chartering, Licensing and Applications/Non-Mortgage Entities and Mortgage Supervision programs received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds $173,210 $173,210 $173,210 51.100 -Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,049,824 $2,049,824 $2,049,824 State General Funds $2,049,824 $2,049,824 $2,049,824 TOTAL PUBLIC FUNDS $2,049,824 $2,049,824 $2,049,824 $173,210 $2,049,824 $2,049,824 $2,049,824 Financial Institution Supervision Continuation Budget 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. THURSDAY, MARCH 20, 2008 1929 TOTAL STATE FUNDS $6,734,312 $6,734,312 $6,734,312 $6,734,312 State General Funds $6,734,312 $6,734,312 $6,734,312 $6,734,312 TOTAL PUBLIC FUNDS $6,734,312 $6,734,312 $6,734,312 $6,734,312 52.1 Transfer funds from the Chartering, Licensing and Applications/Non-Mortgage Entities programs received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds $442,254 $442,254 $442,254 $442,254 52.2 Increase funds for operational funding for Voice Over Internet Protocol (VOIP) phone system for field offices. State General Funds $181,025 $181,025 $181,025 $181,025 52.100 -Financial Institution Supervision Appropriation (HB 989) 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 $7,357,591 $7,357,591 $7,357,591 $7,357,591 State General Funds $7,357,591 $7,357,591 $7,357,591 $7,357,591 TOTAL PUBLIC FUNDS $7,357,591 $7,357,591 $7,357,591 $7,357,591 Mortgage Supervision Continuation Budget 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 $1,792,060 $1,792,060 $1,792,060 $1,792,060 State General Funds $1,792,060 $1,792,060 $1,792,060 $1,792,060 TOTAL PUBLIC FUNDS $1,792,060 $1,792,060 $1,792,060 $1,792,060 53.1 Transfer funds from the Chartering, Licensing and Applications/Non-Mortgage Entities programs received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds $12,316 $12,316 $12,316 $12,316 53.100 -Mortgage Supervision Appropriation (HB 989) 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 $1,804,376 $1,804,376 $1,804,376 $1,804,376 State General Funds $1,804,376 $1,804,376 $1,804,376 $1,804,376 TOTAL PUBLIC FUNDS $1,804,376 $1,804,376 $1,804,376 $1,804,376 1930 JOURNAL OF THE SENATE Section 15: Community Affairs, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $140,821,229 $140,821,229 $93,697,896 $93,697,896 $47,123,333 $47,123,333 $130,537,107 $130,537,107 $130,537,107 $130,537,107 $15,166,118 $15,166,118 $585,798 $585,798 $9,792,761 $9,792,761 $4,787,559 $4,787,559 $100,000 $100,000 $100,000 $100,000 $286,624,454 $286,624,454 Section Total - Final $180,821,229 $179,821,229 $133,697,896 $132,697,896 $47,123,333 $47,123,333 $130,537,107 $130,537,107 $130,537,107 $130,537,107 $15,166,118 $15,166,118 $585,798 $585,798 $9,792,761 $9,792,761 $4,787,559 $4,787,559 $100,000 $100,000 $100,000 $100,000 $326,624,454 $325,624,454 $140,821,229 $93,697,896 $47,123,333 $130,537,107 $130,537,107 $15,166,118 $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $286,624,454 $181,332,313 $134,208,980 $47,123,333 $130,537,107 $130,537,107 $15,166,118 $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $327,135,538 $140,821,229 $93,697,896 $47,123,333 $130,537,107 $130,537,107 $15,166,118 $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $286,624,454 $181,321,229 $134,197,896 $47,123,333 $130,537,107 $130,537,107 $15,166,118 $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $327,124,454 Building Construction Continuation Budget 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 State General Funds $310,002 $310,002 $310,002 $310,002 $310,002 $310,002 $310,002 $310,002 THURSDAY, MARCH 20, 2008 1931 TOTAL AGENCY FUNDS $238,704 $238,704 $238,704 $238,704 Sales and Services $238,704 $238,704 $238,704 $238,704 Sales and Services Not Itemized $238,704 $238,704 $238,704 $238,704 TOTAL PUBLIC FUNDS $548,706 $548,706 $548,706 $548,706 54.100 -Building Construction Appropriation (HB 989) 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 $310,002 $310,002 $310,002 $310,002 State General Funds $310,002 $310,002 $310,002 $310,002 TOTAL AGENCY FUNDS $238,704 $238,704 $238,704 $238,704 Sales and Services $238,704 $238,704 $238,704 $238,704 Sales and Services Not Itemized $238,704 $238,704 $238,704 $238,704 TOTAL PUBLIC FUNDS $548,706 $548,706 $548,706 $548,706 Coordinated Planning Continuation Budget 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. TOTAL STATE FUNDS $5,233,811 $5,233,811 $5,233,811 $5,233,811 State General Funds $5,233,811 $5,233,811 $5,233,811 $5,233,811 TOTAL AGENCY FUNDS $50,918 $50,918 $50,918 $50,918 Sales and Services $50,918 $50,918 $50,918 $50,918 Sales and Services Not Itemized $50,918 $50,918 $50,918 $50,918 TOTAL PUBLIC FUNDS $5,284,729 $5,284,729 $5,284,729 $5,284,729 55.100 -Coordinated Planning Appropriation (HB 989) 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. TOTAL STATE FUNDS $5,233,811 $5,233,811 $5,233,811 $5,233,811 State General Funds $5,233,811 $5,233,811 $5,233,811 $5,233,811 TOTAL AGENCY FUNDS $50,918 $50,918 $50,918 $50,918 Sales and Services $50,918 $50,918 $50,918 $50,918 Sales and Services Not Itemized $50,918 $50,918 $50,918 $50,918 1932 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $5,284,729 $5,284,729 $5,284,729 $5,284,729 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $2,205,751 $2,205,751 $2,205,751 State General Funds $2,205,751 $2,205,751 $2,205,751 TOTAL FEDERAL FUNDS $1,320,986 $1,320,986 $1,320,986 Federal Funds Not Itemized $1,320,986 $1,320,986 $1,320,986 TOTAL AGENCY FUNDS $2,017,417 $2,017,417 $2,017,417 Reserved Fund Balances $83,091 $83,091 $83,091 Reserved Fund Balances Not Itemized $83,091 $83,091 $83,091 Intergovernmental Transfers $1,662,089 $1,662,089 $1,662,089 Intergovernmental Transfers Not Itemized $1,662,089 $1,662,089 $1,662,089 Sales and Services $272,237 $272,237 $272,237 Sales and Services Not Itemized $272,237 $272,237 $272,237 TOTAL PUBLIC FUNDS $5,544,154 $5,544,154 $5,544,154 56.100 -Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $2,205,751 $2,205,751 $2,205,751 State General Funds $2,205,751 $2,205,751 $2,205,751 TOTAL FEDERAL FUNDS $1,320,986 $1,320,986 $1,320,986 Federal Funds Not Itemized $1,320,986 $1,320,986 $1,320,986 TOTAL AGENCY FUNDS $2,017,417 $2,017,417 $2,017,417 Reserved Fund Balances $83,091 $83,091 $83,091 Reserved Fund Balances Not Itemized $83,091 $83,091 $83,091 Intergovernmental Transfers $1,662,089 $1,662,089 $1,662,089 Intergovernmental Transfers Not Itemized $1,662,089 $1,662,089 $1,662,089 Sales and Services $272,237 $272,237 $272,237 Sales and Services Not Itemized $272,237 $272,237 $272,237 TOTAL PUBLIC FUNDS $5,544,154 $5,544,154 $5,544,154 $2,205,751 $2,205,751 $1,320,986 $1,320,986 $2,017,417 $83,091 $83,091 $1,662,089 $1,662,089 $272,237 $272,237 $5,544,154 $2,205,751 $2,205,751 $1,320,986 $1,320,986 $2,017,417 $83,091 $83,091 $1,662,089 $1,662,089 $272,237 $272,237 $5,544,154 Environmental Education and Assistance Continuation Budget The purpose of this appropriation is to provide technical assistance, resource tools, and public education outreach resources. THURSDAY, MARCH 20, 2008 1933 TOTAL STATE FUNDS $1,047,840 $1,047,840 $1,047,840 $1,047,840 State General Funds $1,047,840 $1,047,840 $1,047,840 $1,047,840 TOTAL AGENCY FUNDS $481,480 $481,480 $481,480 $481,480 Reserved Fund Balances $481,480 $481,480 $481,480 $481,480 Reserved Fund Balances Not Itemized $481,480 $481,480 $481,480 $481,480 TOTAL PUBLIC FUNDS $1,529,320 $1,529,320 $1,529,320 $1,529,320 57.100 -Environmental Education and Assistance Appropriation (HB 989) The purpose of this appropriation is to provide technical assistance, resource tools, and public education outreach resources. TOTAL STATE FUNDS $1,047,840 $1,047,840 $1,047,840 $1,047,840 State General Funds $1,047,840 $1,047,840 $1,047,840 $1,047,840 TOTAL AGENCY FUNDS $481,480 $481,480 $481,480 $481,480 Reserved Fund Balances $481,480 $481,480 $481,480 $481,480 Reserved Fund Balances Not Itemized $481,480 $481,480 $481,480 $481,480 TOTAL PUBLIC FUNDS $1,529,320 $1,529,320 $1,529,320 $1,529,320 Federal Community and Economic Development Programs Continuation Budget 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 $2,040,932 $2,040,932 $2,040,932 $2,040,932 State General Funds $2,040,932 $2,040,932 $2,040,932 $2,040,932 TOTAL FEDERAL FUNDS $36,004,364 $36,004,364 $36,004,364 $36,004,364 Federal Funds Not Itemized $36,004,364 $36,004,364 $36,004,364 $36,004,364 TOTAL AGENCY FUNDS $329,587 $329,587 $329,587 $329,587 Intergovernmental Transfers $263,318 $263,318 $263,318 $263,318 Intergovernmental Transfers Not Itemized $263,318 $263,318 $263,318 $263,318 Sales and Services $66,269 $66,269 $66,269 $66,269 Sales and Services Not Itemized $66,269 $66,269 $66,269 $66,269 TOTAL PUBLIC FUNDS $38,374,883 $38,374,883 $38,374,883 $38,374,883 58.100 -Federal Community and Economic Development Programs Appropriation (HB 989) 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 $2,040,932 $2,040,932 $2,040,932 $2,040,932 State General Funds $2,040,932 $2,040,932 $2,040,932 $2,040,932 1934 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $36,004,364 $36,004,364 $329,587 $263,318 $263,318 $66,269 $66,269 $38,374,883 $36,004,364 $36,004,364 $329,587 $263,318 $263,318 $66,269 $66,269 $38,374,883 $36,004,364 $36,004,364 $329,587 $263,318 $263,318 $66,269 $66,269 $38,374,883 $36,004,364 $36,004,364 $329,587 $263,318 $263,318 $66,269 $66,269 $38,374,883 Homeownership Programs Continuation Budget 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 STATE FUNDS $0 $0 $0 $0 TOTAL AGENCY FUNDS $4,631,991 $4,631,991 $4,631,991 $4,631,991 Intergovernmental Transfers $4,614,860 $4,614,860 $4,614,860 $4,614,860 Intergovernmental Transfers Not Itemized $4,614,860 $4,614,860 $4,614,860 $4,614,860 Sales and Services $17,131 $17,131 $17,131 $17,131 Sales and Services Not Itemized $17,131 $17,131 $17,131 $17,131 TOTAL PUBLIC FUNDS $4,631,991 $4,631,991 $4,631,991 $4,631,991 59.100 -Homeownership Programs Appropriation (HB 989) 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 $4,631,991 $4,631,991 $4,631,991 $4,631,991 Intergovernmental Transfers $4,614,860 $4,614,860 $4,614,860 $4,614,860 Intergovernmental Transfers Not Itemized $4,614,860 $4,614,860 $4,614,860 $4,614,860 Sales and Services $17,131 $17,131 $17,131 $17,131 Sales and Services Not Itemized $17,131 $17,131 $17,131 $17,131 TOTAL PUBLIC FUNDS $4,631,991 $4,631,991 $4,631,991 $4,631,991 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 $6,529,284 $6,529,284 $6,529,284 $6,529,284 THURSDAY, MARCH 20, 2008 1935 State General Funds $6,529,284 $6,529,284 $6,529,284 $6,529,284 TOTAL PUBLIC FUNDS $6,529,284 $6,529,284 $6,529,284 $6,529,284 60.100 -Local Assistance Grants Appropriation (HB 989) 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 $6,529,284 $6,529,284 $6,529,284 $6,529,284 State General Funds $6,529,284 $6,529,284 $6,529,284 $6,529,284 TOTAL PUBLIC FUNDS $6,529,284 $6,529,284 $6,529,284 $6,529,284 Regional Services Continuation Budget 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 $2,304,905 $2,304,905 $2,304,905 $2,304,905 State General Funds $2,304,905 $2,304,905 $2,304,905 $2,304,905 TOTAL PUBLIC FUNDS $2,304,905 $2,304,905 $2,304,905 $2,304,905 61.100 -Regional Services Appropriation (HB 989) 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 $2,304,905 $2,304,905 $2,304,905 $2,304,905 State General Funds $2,304,905 $2,304,905 $2,304,905 $2,304,905 TOTAL PUBLIC FUNDS $2,304,905 $2,304,905 $2,304,905 $2,304,905 Rental Housing Programs Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized $3,287,829 $3,287,829 $93,198,170 $93,198,170 $4,962,278 $9,715 $9,715 $3,287,829 $3,287,829 $93,198,170 $93,198,170 $4,962,278 $9,715 $9,715 $3,287,829 $3,287,829 $93,198,170 $93,198,170 $4,962,278 $9,715 $9,715 $3,287,829 $3,287,829 $93,198,170 $93,198,170 $4,962,278 $9,715 $9,715 1936 JOURNAL OF THE SENATE 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 Sales and Services $1,965,699 $1,965,699 $1,965,699 $1,965,699 Sales and Services Not Itemized $1,965,699 $1,965,699 $1,965,699 $1,965,699 TOTAL PUBLIC FUNDS $101,448,277 $101,448,277 $101,448,277 $101,448,277 62.100 -Rental Housing Programs Appropriation (HB 989) 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 $3,287,829 State General Funds $3,287,829 $3,287,829 $3,287,829 $3,287,829 TOTAL FEDERAL FUNDS $93,198,170 $93,198,170 $93,198,170 $93,198,170 Federal Funds Not Itemized $93,198,170 $93,198,170 $93,198,170 $93,198,170 TOTAL AGENCY FUNDS $4,962,278 $4,962,278 $4,962,278 $4,962,278 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 Sales and Services $1,965,699 $1,965,699 $1,965,699 $1,965,699 Sales and Services Not Itemized $1,965,699 $1,965,699 $1,965,699 $1,965,699 TOTAL PUBLIC FUNDS $101,448,277 $101,448,277 $101,448,277 $101,448,277 Research and Surveys Continuation Budget 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 $620,782 $620,782 $620,782 $620,782 State General Funds $620,782 $620,782 $620,782 $620,782 TOTAL PUBLIC FUNDS $620,782 $620,782 $620,782 $620,782 63.100 -Research and Surveys Appropriation (HB 989) 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 $620,782 $620,782 $620,782 $620,782 State General Funds $620,782 $620,782 $620,782 $620,782 THURSDAY, MARCH 20, 2008 1937 TOTAL PUBLIC FUNDS $620,782 $620,782 $620,782 Special Housing Initiatives Continuation Budget The purpose of this appropriation is to provide funds for Special Housing Initiatives. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS $3,332,892 $3,332,892 $2,299,062 $11,512 $11,512 $110,949 $110,949 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 $3,332,892 $3,332,892 $2,299,062 $11,512 $11,512 $110,949 $110,949 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 $3,332,892 $3,332,892 $2,299,062 $11,512 $11,512 $110,949 $110,949 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 64.100 -Special Housing Initiatives Appropriation (HB 989) The purpose of this appropriation is to provide funds for Special Housing Initiatives. 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 $2,299,062 $2,299,062 $2,299,062 Reserved Fund Balances $11,512 $11,512 $11,512 Reserved Fund Balances Not Itemized $11,512 $11,512 $11,512 Intergovernmental Transfers $110,949 $110,949 $110,949 Intergovernmental Transfers Not Itemized $110,949 $110,949 $110,949 Sales and Services $2,176,601 $2,176,601 $2,176,601 Sales and Services Not Itemized $2,176,601 $2,176,601 $2,176,601 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $100,000 $100,000 $100,000 Federal Funds Transfers $100,000 $100,000 $100,000 FF Temporary Assistance for Needy Families CFDA93.558 $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $5,731,954 $5,731,954 $5,731,954 $620,782 $3,332,892 $3,332,892 $2,299,062 $11,512 $11,512 $110,949 $110,949 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 $3,332,892 $3,332,892 $2,299,062 $11,512 $11,512 $110,949 $110,949 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 1938 JOURNAL OF THE SENATE State Community Development Programs Continuation Budget 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 $1,377,599 $1,377,599 $1,377,599 $1,377,599 State General Funds $1,377,599 $1,377,599 $1,377,599 $1,377,599 TOTAL PUBLIC FUNDS $1,377,599 $1,377,599 $1,377,599 $1,377,599 65.100 -State Community Development Programs Appropriation (HB 989) 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 $1,377,599 $1,377,599 $1,377,599 $1,377,599 State General Funds $1,377,599 $1,377,599 $1,377,599 $1,377,599 TOTAL PUBLIC FUNDS $1,377,599 $1,377,599 $1,377,599 $1,377,599 State Economic Development Program Continuation Budget 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 $10,714,727 $10,714,727 State General Funds $10,714,727 $10,714,727 TOTAL FEDERAL FUNDS $13,587 $13,587 Federal Funds Not Itemized $13,587 $13,587 TOTAL AGENCY FUNDS $154,681 $154,681 Intergovernmental Transfers $154,681 $154,681 Intergovernmental Transfers Not Itemized $154,681 $154,681 TOTAL PUBLIC FUNDS $10,882,995 $10,882,995 66.1 Reduce funds received for the Regional Economic Business Assistance (REBA) program. $10,714,727 $10,714,727 $13,587 $13,587 $154,681 $154,681 $154,681 $10,882,995 $10,714,727 $10,714,727 $13,587 $13,587 $154,681 $154,681 $154,681 $10,882,995 State General Funds ($1,000,000) $0 $0 66.100 -State Economic Development Program Appropriation (HB 989) 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 $10,714,727 $9,714,727 $10,714,727 $10,714,727 State General Funds $10,714,727 $9,714,727 $10,714,727 $10,714,727 TOTAL FEDERAL FUNDS $13,587 $13,587 $13,587 $13,587 Federal Funds Not Itemized $13,587 $13,587 $13,587 $13,587 THURSDAY, MARCH 20, 2008 1939 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $154,681 $154,681 $154,681 $10,882,995 $154,681 $154,681 $154,681 $9,882,995 $154,681 $154,681 $154,681 $10,882,995 $154,681 $154,681 $154,681 $10,882,995 Payments to Georgia Environmental Facilities Authority Continuation Budget The purpose of this appropriation is to provide funds for the Georgia Rural Water Association, the Infrastructure Grant Program, the Energy Plan Program, the Governor's Land Conservation program, the Reuse of Treated Water Incentive Grant Program, and the E- 85 Grant Program. TOTAL STATE FUNDS $49,823,726 State General Funds $49,823,726 TOTAL PUBLIC FUNDS $49,823,726 67.1 Increase funds for reservoirs and water system improvements. $49,823,726 $49,823,726 $49,823,726 $49,823,726 $49,823,726 $49,823,726 $49,823,726 $49,823,726 $49,823,726 State General Funds 67.2 Increase funds for the Infrastructure Grant Program. $40,000,000 $40,000,000 $40,000,000 $40,000,000 State General Funds $511,084 $500,000 67.99 CC: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. Senate: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. House: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. Governor: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. State General Funds $0 $0 $0 $0 67.100 -Payments to Georgia Environmental Facilities Authority Appropriation (HB 989) The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. TOTAL STATE FUNDS $89,823,726 $89,823,726 $90,334,810 $90,323,726 State General Funds $89,823,726 $89,823,726 $90,334,810 $90,323,726 TOTAL PUBLIC FUNDS $89,823,726 $89,823,726 $90,334,810 $90,323,726 Payments to OneGeorgia Authority Continuation Budget The purpose of this appropriation is to provide funds for the OneGeorgia Authority. 1940 JOURNAL OF THE SENATE 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 68.100 -Payments to OneGeorgia Authority Appropriation (HB 989) 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 $47,123,333 $47,123,333 $47,123,333 $47,123,333 $47,123,333 $47,123,333 Payments to Georgia Regional Transportation Authority Continuation Budget The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices. TOTAL STATE FUNDS $4,867,816 $4,867,816 $4,867,816 $4,867,816 State General Funds $4,867,816 $4,867,816 $4,867,816 $4,867,816 TOTAL PUBLIC FUNDS $4,867,816 $4,867,816 $4,867,816 $4,867,816 69.100 -Payments to Georgia Regional Transportation Authority Appropriation (HB 989) The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices. TOTAL STATE FUNDS $4,867,816 $4,867,816 $4,867,816 $4,867,816 State General Funds $4,867,816 $4,867,816 $4,867,816 $4,867,816 TOTAL PUBLIC FUNDS $4,867,816 $4,867,816 $4,867,816 $4,867,816 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. The following appropriations specifically allocate the total appropriation under Program 60 above, "60 Local Assistance Grants.... Appropriation HB(989):" LAG #4 Appling County: Hire an ISO consultant to assist nine volunteer fire departments. $5,000 LAG #5 Appling County: Assist with Senior Center/Head start infrastructure improvements. $4,000 LAG #6 City of Baxley: Assist with a Boys and Girls Club renovation. $15,000 THURSDAY, MARCH 20, 2008 1941 LAG #7 City of Graham: Purchase fire lighting equipment for the Graham Fire Department. $5,000 LAG #8 City of Surrency: Assist with emergency services improvements. $5,000 LAG #9 Appling County Board of Education: Assist with community services. $4,000 LAG #10 Atkinson County: Help fund the Atkinson County Emergency Services Improvement Project. $10,000 LAG #11 Augusta-Richmond County: Install an elevator in the Supreme Court Justice Joseph Lamar boyhood home. $20,000 LAG #12 Augusta-Richmond County: Provide a grant for operations at the Lucy Craft Laney Museum of Black History. $20,000 LAG #13 Augusta-Richmond County: Provide Youth Leadership Training by E3 Foundation. $20,000 LAG #14 Augusta-Richmond County: Assist with community development and park improvement. $7,500 LAG #15 Augusta-Richmond County: Fund an after school education and recreation program at MACH Academy. $10,000 LAG #16 City of Augusta: Assist the American Red Cross in providing food, clothing, shelter, and lost medication to families affected by single family fires. $10,000 LAG #17 Richmond County Board of Education: Assist with technology upgrades at Goshen Elementary School. $10,000 LAG #18 Bacon County: Assist with the renovation of the Senior Center. $4,000 LAG #19 City of Alma: Assist with accessibility improvements to the Veteran's Memorial and additional park infrastructure improvements. $4,000 LAG #20 Baldwin County: Purchase camcorders and computers for the Baldwin County Domestic Violence Program. $15,000 LAG #21 Baldwin County: Assist with public safety enhancements for the Baldwin County Fire Department. $25,000 LAG #22 Baldwin County: Replace obsolete self contained breathing apparatus at the Baldwin County Fire Department. $20,000 LAG #23 Barrow County: Assist with infrastructure improvements at Osborne Park in Winder. $20,000 LAG #24 Bartow County: Assist with program development to public service program at Women's Resource Center. $50,000 LAG #25 Bartow County: Support the Advocates for Bartow's Children. $25,000 LAG #26 Ben Hill County: Assist with technology and communication improvements at the Senior Citizens Center. $10,000 LAG #27 Ben Hill County: Assist with community and environmental development. $10,000 LAG #28 Ben Hill County: Assist with environmental and community service improvements. $10,000 LAG #29 City of Fitzgerald: Construct an additional building for the Fitzgerald Fire Department. $15,000 LAG #30 City of Alapaha: Repair the city hall roof. $13,000 LAG #31 City of Nashville: Assist the City of Nashville with public safety transportation improvements. $15,000 LAG #32 Bibb County: Assist New Town Macon with infrastructure and accessibility improvements. $25,000 LAG #33 Bibb County: Assist Bibb County with transportation improvements for the Mentor's Project. $15,000 LAG #34 City of Macon: Support youth programs at the Booker T. Washington Center. $10,000 LAG #35 City of Macon: Revitalize of the Bartlett Crossing Neighborhood. $15,000 1942 JOURNAL OF THE SENATE LAG #36A City of Macon: Stabilize the Douglass Theater. $35,000 LAG #36B Wilkinson County: Assist with the acquisition of a facility to provide ambulance services. $15,000 LAG #37 Bleckley County: Purchase two new computer work stations for the Bleckley County Health Department. $5,000 LAG #38 Bleckley County: Purchase 15 tasers and taser accessories for the Bleckley County Sheriff's Office. $14,000 LAG #39 City of Cochran: Purchase an ATV police vehicle with trailer. $10,000 LAG #40 Bleckley County Board of Education: Pave a road for "car riders" students dropped off at school. $7,000 LAG #41 Brantley County: Purchase fire radio systems for the EMS and Sheriff's Departments. $15,000 LAG #42 City of Hoboken: Assist with emergency infrastructure improvements. $5,000 LAG #43 Bryan County: Assist with community service improvements at the Bryan County Conference and Aquatic Center. $30,000 LAG #44 City of Pembroke: Assist with infrastructure improvements for the Fatal Vision Program. $10,000 LAG #45 Bulloch County: Assist with infrastructure improvements for the Bulloch County EMS to ensure continuous emergency protection services. $10,000 LAG #46 Bulloch County: Assist the Duck Conservation Society with wildlife preservation. $10,000 LAG #47 Bulloch County: Construct a boat ramp at the Ogechee River. $20,000 LAG #48 Bulloch County Board of Education: Redesign and renovate an existing building at Southeast Bulloch Middle School. $15,000 LAG #49 Burke County: Assist with conservation improvements at the Di-Lane Wildlife Management Plantation. $20,000 LAG #50 City of Kingsland: Assist with economic development and tourism activities. $1,200 LAG #51 City of Kingsland: Assist with infrastructure improvements for the Kingsland Boxing Club youth program. $15,000 LAG #52 City of Metter: Assist with infrastructure improvements to preserve historical integrity. $12,000 LAG #53 City of Metter: Remove existing asphalt and repave the Industrial Park Pond Trail. $25,000 LAG #54 Pulaski County: Fund 200 year celebration. $10,000 LAG #55 Carroll County: Purchase books for the Ferst Foundation for Childhood Literacy. $20,000 LAG #56 City of Carrollton: Build a wheelchair accessible playground for the Carrollton City Lion's Club. $20,000 LAG #57 City of Carrollton: Assist the City of Carrollton with infrastructure improvements. $18,000 LAG #58 City of Carrollton: Assist with the renovation of the 415 Hope Center Men's Shelter. $8,000 LAG #59 Carroll County Board of Education: Assist with infrastructure renovations at Glanton Hindeman Elementary School. $20,000 LAG #60 City of Fort Oglethorpe: Assist the City of Oglethorpe with tourism and economic development improvements. $15,000 LAG #61 City of Ringgold: Fund the General Clayborne Statue and Roadside Park. $10,000 LAG #62 City of Ringgold: Fund for tourism and a railroad platform. $10,000 THURSDAY, MARCH 20, 2008 1943 LAG #63 Charlton County: Purchase a vehicle for the Charlton County Volunteer Fire Department. $20,000 LAG #64 City of Homeland: Assist the City of Homeland with public safety improvements. $10,000 LAG #65 Chatham County: Restore and preserve the Houston Baptist Church through the North Port Wentworth Citizens Council Inc. $20,000 LAG #66 Chatham County: Fund a parents nurturing program for Lutheran Services of Georgia. $20,000 LAG #67 City of Bloomingdale: Assist the City of Bloomingdale with community development. $15,000 LAG #68 City of Bloomingdale: Construct a covered shed for a community building. $35,000 LAG #69 City of Garden City: Assist the Rossignoll Hill community with park improvements. $3,000 LAG #70 City of Savannah: Assist with community service improvements. $15,000 LAG #71 City of Thunderbolt: Fund improvements for water system due to damages caused by salt intrusion. $20,000 LAG #72 Chattooga County: Fund Subligna Community Center floors. $5,000 LAG #73 City of Lyerly: Assist the City of Lyerly with public safety improvements. $5,000 LAG #74 City of Summerville: Renovate courthouse. $10,000 LAG #75 Cherokee County: Assist the Cherokee Day Training Center with infrastructure improvements. $20,000 LAG #76 City of Ball Ground: Assist the City of Ball Ground with improvements to domestic water service delivery. $17,500 LAG #77 City of Ball Ground: Assist the City of Ball Ground with infrastructure improvements. $17,500 LAG #78 City of Holly Springs: Assist the City of Holly Springs with emergency operations equipment. $20,000 LAG #79 Clarke County Board of Education: Assist with infrastructure improvements at the Athens Tutorial Program. $7,500 LAG #80 Clay County: Provide funding for a security monitoring system for the Clay County Courthouse and Courthouse Annex to meet state mandated courthouse security requirements. $10,000 LAG #81 Clayton County: Assist Choice Matters, Inc. with a technology upgrade for public service center. $10,000 LAG #82 Clayton County: Operate Youth Under Construction program for high school students. $8,200 LAG #83 Clayton County: Operate the Krystal Williams Foundation. $5,000 LAG #84 Clayton County: Fund the Family Connection Unlimited program for highway safety. $8,675 LAG #85 Clayton County Board of Education: Create a community learning center. $2,000 LAG #86 Clayton County Board of Education: Fund and purchase equipment for a data room and resource center. $9,550 LAG #87 Clayton County Board of Education: Implement a reading first model in the 4th and 5th grades for West Clayton Elementary School. $5,000 LAG #88 Cobb County: Purchase and maintain a 14 passenger wheelchair lift-equipped mini-bus for BlazeSports. $40,000 LAG #89 Cobb County: Assist the Vinings Historical Society with repairs and structure renovations. $5,000 LAG #90 Cobb County: Assist Cobb County Community Service Board with public access improvements. $40,000 LAG #91 City of Acworth: Construct special needs baseball field. $95,000 1944 JOURNAL OF THE SENATE LAG #92 City of Kennesaw: Assist with regional park improvements. $10,000 LAG #93 City of Marietta: Repair and upgrade the Marietta Historic Confederate Cemetery. $75,000 LAG #94 City of Smyrna: Assist with infrastructure restorations and renovations. $25,000 LAG #95 Cobb County Board of Education: Assist the Hillgrove High School athletic program. $20,000 LAG #96 Cobb County Board of Education: Assist with infrastructure improvements at Pope High School. $20,000 LAG #97 Cobb County Board of Education: Provide funds to Harrison High School to establish a wireless infrastructure. $20,000 LAG #98 Cobb County Board of Education: Provide funds to West Cobb School PTAs for technology infrastructure grants. $20,000 LAG #99 Cobb County Board of Education: Upgrade a sound/video upgrading theater system in Walton High School. $11,274 LAG #100 Cobb County Board of Education: Purchase a sound system, sport court defense system, and four laptops for the Murdock Elementary School. $32,600 LAG #101 Cobb County Board of Education: Provide funds for classroom technology at Campbell High School. $5,500 LAG #102 Cobb County Board of Education: Renovate roof and sealant for an outdoor classroom at Blackwell Elementary School. $5,000 LAG #103 Cobb County Board of Education: Assist with renovations and infrastructure improvements at Sprayberry High School. $40,000 LAG #104 Cobb County Board of Education: Provide funds for classroom technology at Campbell Middle School. $5,500 LAG #105 Coffee County: Provide funds for construction and equipment for a new volunteer fire department. $10,000 LAG #106 Coffee County: Purchase a transportation bus for 4-H club. $10,000 LAG #107 City of Nicholls: Purchase recreation equipment. $5,000 LAG #108 City of Douglas: Improve the Historic Ashley Slater House and Douglas Regional Welcome Center. $12,000 LAG #109 Colquitt County: Assist with public safety infrastructure improvements at the Bay Volunteer Fire Department. $4,000 LAG #110 City of Funston: Assist with community development. $4,000 LAG #111 Colquitt County Board of Education: Assist with outdoor shelter improvements at Hamilton Elementary School. $2,000 LAG #112 City of Harlem: Assist with infrastructure improvements for public and community service program. $7,500 LAG #113 City of Harlem: Expand a city park. $12,000 LAG #114 Columbia County Board of Education: Assist with equipment for handicapped children at Blue Ridge Elementary School. $15,000 LAG #115 Cook County: Assist the Cook County Historical Society with the renovation of the old Adel Post Office. $30,000 LAG #116 City of Moreland: Assist the Town of Moreland with infrastructure improvements to the historic Moreland Mill / THURSDAY, MARCH 20, 2008 1945 City Hall. $10,000 LAG #117 City of Newnan: Assist with community services. $30,000 LAG #118 City of Senoia: Assist the City of Senoia with infrastructure improvements. $9,000 LAG #119 Crawford County: Purchase an emergency water system generator. $15,000 LAG #120 Crawford County: Purchase a fire command vehicle for the Crawford County Fire Department. $10,000 LAG #121 Crisp County: Assist with infrastructure improvements and operations of the Arts Alliance in Cordelle. $5,000 LAG #122 Crisp County: Conduct a solid waste collection feasibility study. $15,000 LAG #123 City of Cordele: Purchase an eight foot high perimeter security fence for the Cordele Fire Department Training Area. $22,900 LAG #124 Dade County: Operate Animal Shelter. $10,000 LAG #125 City of Trenton: Enhance transportation planning. $22,500 LAG #126 City of Dawsonville: Fund the Georgia Racing Hall of Fame. $30,000 LAG #127 Decatur County: Establish a water source for Kendrick Volunteer Fire Department. $5,000 LAG #128 City of Bainbridge: Provide a security system and landscaping for the "Firehouse Gallery" and make entrance handicap accessible. $17,500 LAG #129 City of Clarkston: Replace sanitation vehicle and hopper assembly. $40,000 LAG #130 City of Doraville: Assist with the purchase of ten (10) containers ("totes") of fire foam for the DeKalb County Fire Department $8,000 LAG #131 City of Lithonia: Fund emergency crisis and relocation assistance. $27,000 LAG #132 City of Pine Lake: Purchase a tractor and additional equipment to work on wet lands. $19,000 LAG #133 City of Stone Mountain: Assist with infrastructure improvements and repairs at the City of Stone Mountain City Hall. $18,000 LAG #134 City of Decatur: Assist with environmental improvements and community development. $10,000 LAG #135 DeKalb County Hospital Authority: Construct a storage and supplies building at the Mountain View Nursing Home. $8,000 LAG #136 Development Authority of DeKalb County: Operate a recycled equipment program through the Friends of Disabled Adults and Children to operate a recycled equipment program. $15,000 LAG #137 DeKalb County Board of Education: Assist with technology improvements at Smoke Rise Elementary. $10,000 LAG #138 DeKalb County Board of Education: Assist with technology improvements at Briarlake Elementary School. $10,000 LAG #139 DeKalb County Board of Education: Purchase computers and equipment to media educational programs at the Midvale Elementary School. $15,000 LAG #140 DeKalb County Board of Education: Purchase computers and supplies for Lakeside High School. $30,000 LAG #141 DeKalb County Board of Education: Send the Stephenson High School marching band to Washington DC for the 1946 JOURNAL OF THE SENATE 2007 National Memorial Day Parade. $5,000 LAG #142 DeKalb County Board of Education: Assist with the purchase of new media materials and educational tools. $17,000 LAG #143 DeKalb County Board of Education: Purchase computers for Chamblee High School. $30,000 LAG #144 DeKalb County Board of Education: Repair the roof of the greenhouse through the Dekalb County Extension Service. $10,000 LAG #145 City of Chauncey: Assist the City of Chauncey with public service infrastructure improvements. $7,000 LAG #146 City of Chester: Assist the City of Chester with community center improvements. $3,000 LAG #147 City of Rhine: Repair leaks in the water system. $5,000 LAG #148 City of Rhine: Repair old school building. $5,000 LAG #149 City of Rhine: Repair Rhine Community House. $4,000 LAG #150 City of Rhine: Repair used ford tractor backhoe. $5,000 LAG #151 City of Vienna: Purchase rescue equipment, jacks and special equipment used in wrecks along. I-75 $10,000 LAG #152 Dougherty County: Assist Southeast Dougherty Park with lighting and infrastructure improvements. $10,000 LAG #153 Dougherty County: Fund the Peanut Institute. $23,000 LAG #154 Chehaw Park Authority: Plan an amphitheater. $25,000 LAG #155 Douglas County: Replace outdated and purchase additional Automatic External Defibrillators at the Douglas County Fire Department. $8,500 LAG #156 Douglas County: Train resource officers on gang awareness at the Douglas County Sheriff's Office. $20,000 LAG #157 City of Douglasville: Assist with technology and public safety improvements. $8,500 LAG #158 Douglas County Board of Education: Assist with environmental education opportunities at Winston Elementary School. $10,000 LAG #159 Douglas County Board of Education: Assist with infrastructure improvements at Arbor Station Elementary School. $10,000 LAG #160 Early County: Provide funds to the Early County Health Department for the "Arrive Safe in Early" task force. $5,000 LAG #161 Early County: Purchase equipment for the Early County Recreation Department. $15,000 LAG #162 City of Blakely: Assist Early County with regional museum renovations and historical improvements. $5,000 LAG #163 Echols County: Purchase Jaws of Life rescue equipment for the Volunteer Fire Department. $10,000 LAG #164 Effingham County: Operate the Ferst Foundation for Childhood Literacy Program. $10,000 LAG #165 Effingham County: Move a historical structure to historic district. $15,000 LAG #166 Effingham County: Assist Effingham County with waterfront environmental improvements. $5,000 LAG #167 Elbert County: Assist Elbert County with renovations to the Veteran's Administration Office. $3,500 THURSDAY, MARCH 20, 2008 1947 LAG #168 City of Elberton: Assist the City of Elberton with water system improvements. $40,000 LAG #169 City of Swainsboro: Assist with community development and environmental improvements. $12,000 LAG #170 City of Swainsboro: Assist with handicap accessibility at the City of Swainsboro City Hall. $12,000 LAG #171 City of Swainsboro: Purchase computer equipment, telephone system, and furnishings at the Swainsboro Police Department. $25,000 LAG #172 Evans County: For repairs and renovations to the drug task force building. $25,000 LAG #173 City of Rome: Assist the City of Rome with riverfront and river access. $20,000 LAG #174 City of Rome: Support the Family Resource Center. $25,000 LAG #175 Floyd County Board of Education: Assist with infrastructure improvements at Model High School. $15,000 LAG #176 Forsyth County: Assist with infrastructure improvements at the Sawnee Mountain Foundation. $10,000 LAG #177 Franklin County Board of Education: Purchase equipment for the Technology Education Lab at the Franklin County Middle and High Schools. $20,000 LAG #178 City of East Point: Provide funds for a senior citizen home rehabilitation program. $20,000 LAG #179 City of Fairburn: Provide scholarships to the Cochran Mill Nature Center. $30,000 LAG #180 City of Roswell: Assist in the implementation of energy efficiency renovations. $25,000 LAG #181 City of Roswell: Assist in the operational development of the public service center. $25,000 LAG #182 City of Roswell: Assist with infrastructure repairs to the public service program. $25,000 LAG #183 City of Roswell: Construct a new section of the Roswell Riverwalk. $50,000 LAG #184 City of Sandy Springs: Purchase equipment for the Recreation and Parks Department. $25,000 LAG #185 City of Sandy Springs: Purchase turn-out gear and a quick response vehicle for the Sandy Springs Fire Department. $25,000 LAG #186 City of Milton: Purchase eighteen (18) Automated External Defibrillator Units $45,000 LAG #187 City of Milton: Plan safety improvements for the Crabapple State Road intersection $15,000 LAG #188 City of Johns Creek: Assist the Autrey Mill Nature Center with environmental renovations and improvements $50,000 LAG #189 Fulton County Board of Education: Fund the Arts Now Level 1 to train 10 interested school teams assist students in meeting or exceeding Georgia Performance Standards. $25,000 LAG #190 The Housing Authority of the City of Atlanta, Georgia: Provide comprehensive Quality Living Services to senior citizens. $10,000 LAG #191 The Housing Authority of the City of Atlanta, Georgia: Expand educational programs statewide through the National Black Arts Festival. $15,000 LAG #192 The Housing Authority of the City of Atlanta, Georgia: Assist with infrastructure repairs to the Project Interconnections public service center $15,000 1948 JOURNAL OF THE SENATE LAG #193 The Housing Authority of the City of Atlanta, Georgia: Assist with operational services. $50,000 LAG #194 Atlanta Development Authority: Fund the New Beginnings Job Training Program. $10,000 LAG #195 Atlanta Development Authority: Fund the David T. Howard National Alumni Association Inc. to implement an abuse project in the Old Fourth Ward for youth and adults focusing on parents. $25,000 LAG #196 Atlanta Development Authority: Support the National Black Arts Festival. $75,000 LAG #197 Atlanta Development Authority: Assist the Friends of Peoplestown Parks with community development $6,000 LAG #198 Atlanta Development Authority: Fund the Historic District Development Corporation to expand participation of needy families in the IDA program of the United Way. $25,000 LAG #199 Gilmer County: Assist Gilmer County with public service improvements. $50,000 LAG #200 Glascock County: Support the Glascock Actions Partner for a literacy program. $10,000 LAG #201 City of Mitchell: Revitalize the downtown area. $7,000 LAG #202 Glynn County: Purchase one wheelchair accessible van and one 15 passenger van for Gateway Behavioral Health Services. $50,000 LAG #203 Gordon County: Renovate the plaza/courthouse area. $40,000 LAG #204 City of Ranger: Assist with the cost of a town master plan. $15,000 LAG #205 Grady County: Provide funds ($1,000/each) to the 10 Volunteer Fire Departments in Grady County for equipment. $10,000 LAG #206 Greene County: Assist the Green County Agriculture Center with infrastructure and handicap accessibility improvements. $20,000 LAG #207 Gwinnett County: Landscape the Beaver Ruin Road median. $25,000 LAG #208 Gwinnett County: Assist with access and transportation improvements. $20,000 LAG #209 Gwinnett County: Assist with employment of the handicap program. $25,000 LAG #210 City of Buford: Assist with accessibility improvements. $30,000 LAG #211 City of Duluth: Assist the City of Duluth with a regional "Living Memorial" honoring all veterans and public safety personnel. $20,000 LAG #212 City of Lawrenceville: Assist the City of Lawrenceville with traffic and community development improvements. $50,000 LAG #213 City of Lilburn: Assist the City of Lilburn Police Department with new communications system. $20,000 LAG #214 City of Norcross: Assist the Gwinnett Village Quality of Life Division Office with infrastructure improvements. $5,000 LAG #215 City of Snellville: Assist in funding two mobile speed detection message signs ($12,500); a Grapple Bucket Tractor for the recycling center ($20,000); a Park Bunker Rake ($5,000); and police car laptops ($12,500). $20,000 LAG #216 Gwinnett County Board of Education: Support reading mentoring programs offered by Everybody Wins Atlanta. THURSDAY, MARCH 20, 2008 1949 $30,000 LAG #217 Gwinnett County Board of Education: Fund the Arts Now Level 1 to train 10 interested school teams assist students in meeting or exceeding Georgia Performance Standards. $30,000 LAG #218 Gwinnett County Board of Education: Assist with community service and education enhancements at the Gwinnett Village Community Alliance. $20,000 LAG #219 Gwinnett County Board of Education: Assist with infrastructure improvements at Norcross High School. $20,000 LAG #220 Gwinnett County Board of Education: Assist with infrastructure improvements at Peachtree Ridge High School. $20,000 LAG #221 Gwinnett County Board of Education: Assist with infrastructure improvements at Collins Hill High School. $35,000 LAG #222 Gwinnett County Board of Education: Assist with community service and education enhancements at Grayson High School. $30,000 LAG #223 City of Demorest: Assist with a comprehensive study of a downtown renovation project. $25,000 LAG #224 City of Demorest: Improve municipal park at Piedmont College. $5,000 LAG #225 Hall County: Fund the Interactive Neighborhood for Kids. $10,000 LAG #226 Hall County: Renovate HVAC and repair ductwork for the East Hall and Murrayville Library Branches. $20,000 LAG #227 Hall County: Build a ballfield at the Hall County Recreation Department for the handicapped/disabled. $30,000 LAG #228 Hall County: Fund Industrial Park Development. $75,000 LAG #229 City of Flowery Branch: Assist in establishing a geographic information system mapping of sewer and stormwater facilities. $20,000 LAG #230 City of Gainesville: Assist the Centennial Arts Academy with technology improvements. $25,000 LAG #231 City of Oakwood: Expand and upgrade outdoor recreation facilities. $8,000 LAG #232 Hall County Board of Education: Assist in the development of an English Language Literacy Lab. $30,000 LAG #233 Hancock County: Assist the Sparta-Hancock County Fire Department with communications improvements. $7,000 LAG #234 Hancock County: Assist the Sparta-Hancock County Library with infrastructure improvements. $7,000 LAG #235 City of Sparta: Assist with an upgrade of the City of Sparta Police Department communication system. $7,000 LAG #236 City of Tallapoosa: Construct an addition to the West Georgia Museum of Tallapoosa. $20,000 LAG #237 City of Tallapoosa: Assist with the renovation of the Old City High School into a Civic Center for community development. $40,000 LAG #238 Haralson County: Construct a shotgun shooting facility for the West Georgia Youth Range Association. $20,000 LAG #239 Harris County: Fund planning and development for two new businesses. $40,000 LAG #240 Harris County: Assist Harris County with infrastructure and economic development improvements to the Ellerslie 1950 JOURNAL OF THE SENATE Historic Train Depot (community center). $10,000 LAG #241 City of Hamilton: Assist with infrastructure improvements. $50,000 LAG #242 Hart County: Build an animal shelter for animal control. $20,000 LAG #243 Hart County: Support the Hart County Library. $10,000 LAG #244 Henry County: Renovate the Veterans Wall of Honor McDonough. $25,000 LAG #245 Henry County: Purchase vehicle cameras and detection devices for police cars for the Henry County Police Department. $20,000 LAG #246 Henry County: Build restroom facilities at the Nash Battlefield Farm. $10,000 LAG #247 City of Hampton: Purchase digital video camera equipment for the Hampton Police Department. $25,000 LAG #248 Houston County: Assist Kids Journey with educational materials. $10,000 LAG #249 Houston County: Assist the Houston County Library with media/education materials. $5,000 LAG #250 City of Centerville: Purchase a thermal imaging camera. $10,000 LAG #251 City of Perry: Assist the City of Perry with public service improvements. $5,000 LAG #252 City of Perry: Assist the City of Perry with public service improvements. $10,000 LAG #253 City of Perry: Assist with communications enhancements for City of Perry law enforcement. $20,000 LAG #254 City of Warner Robins: Assist with community service and transportation improvements. $15,000 LAG #255 City of Warner Robins: Assist the Cherished Children Child Care Center with community service and transportation improvements. $15,000 LAG #256 Irwin County: Purchase equipment for the Irwin County Sheriffs Office. $15,000 LAG #257 Irwin County: Assist the Irwin County Youth League with community improvements. $10,000 LAG #258 Irwin County Board of Education: Assist with environmental improvements at Irwin County High School. $5,000 LAG #259 Jackson County: Assist in the purchase of new personal protective gear for the South Jackson Volunteer Fire Department. $5,000 LAG #260 City of Commerce: Assist in purchasing an I.S.G. Elite Thermal Imaging Camera for the Commerce Fire Department. $10,000 LAG #261 City of Monticello: Assist City of Monticello with handicap accessibility improvements. $25,000 LAG #262 Jeff Davis County: Assist with Heritage Center learning aids. $4,000 LAG #263 City of Hazlehurst: Assist with health and community services. $5,000 LAG #264 Jenkins County: Assist the Jenkins County Extension office with infrastructure improvements. $8,000 LAG #265 City of Kite: Assist with community development. $4,000 LAG #266 City of Wrightsville: Purchase fire department equipment. $10,000 LAG #267 Jones County: Purchase Rescue Truck for Emergency Management Rescue Services. $20,000 LAG #268 Jones County Board of Education: Provide a start-up grant for a Technology Center at the Ninth Grade Academy. THURSDAY, MARCH 20, 2008 1951 $7,000 LAG #269 Lamar County: Fund the start-up cost of Lamar County Elections Board. $20,000 LAG #270 Lamar County: Assist with the restoration of community center. $10,000 LAG #271 City of Milner: Purchase equipment for the Milner Police Department. $18,890 LAG #272 City of Lakeland: Assist the W.L Miller Library with technology improvements. $12,000 LAG #273 Laurens County: Purchase Jaws of Life rescue equipment for the Cedar Grove Volunteer Fire Department. $5,000 LAG #274 City of Dexter: Assist with infrastructure improvements for public service program. $15,000 LAG #275 City of Leesburg: Assist the Lee County Library with technology improvements. $10,000 LAG #276 City of Smithville: Assist the Smithville Police Department with technology and communications improvements. $5,000 LAG #277 Liberty County: Assist with public safety improvements. $20,000 LAG #278 City of Hinesville: Provide a Veterans Center Planning Grant for the planning of facility construction of a clinic. $10,000 LAG #279 City of Midway: Complete the original design of the Cay Creek Interruptive Center. $30,000 LAG #280 Lincoln County: Implement a literacy program for the Lincoln County Family Connection. $10,000 LAG #281 City of Lincolnton: Assist the City of Lincolnton with community center infrastructure improvements. $10,000 LAG #282 Long County: Purchase patrol vehicle for the Long County Sheriff's Office. $15,000 LAG #283 City of Ludowici: Purchase four computers for the Ludowici Police Department. $10,000 LAG #284 Lowndes County Board of Education: Implement a Parent Education Workshop in all elementary schools. $10,000 LAG #285 City of Valdosta Board of Education: Provide funds for the SMILE mentoring program to match private funds. $5,000 LAG #286 Lumpkin County: Assist Lumpkin County with an engineering study for water meters. $10,000 LAG #287 City of Dahlonega: Assist with infrastructure improvements and historic preservation adjacent to the Gold Museum. $10,000 LAG #288 Madison County: Fund site preparation for a silt fence and clearing and grading debris at the Madison County Ag. Ed. Center. $40,000 LAG #289 Madison County: Replace an ambulance. $40,000 LAG #290 Madison County: Assist Madison County with voter access improvements. $5,000 LAG #291 McDuffie County: Support the Boys and Girls Club. $7,000 LAG #292 City of Thomson: Support the Thomas/McDuffie County Library. $12,000 LAG #293 City of Darien: Assist with the completion of a Regional Arts Center. $30,000 LAG #294 City of Greenville: Purchase a portable building for senior citizens. $4,695 LAG #295 City of Manchester: Fund a partial conversion of Historic Manchester Mill Building. $35,000 1952 JOURNAL OF THE SENATE LAG #296 Miller County: Purchase fallout gear for the Miller County Fire Department. $10,000 LAG #297 Mitchell County: Provide funding to the seven Mitchell County Volunteer Fire Departments to purchase equipment. $10,000 LAG #298 City of Camilla: Assist with community development. $10,000 LAG #299 City of Pelham: Assist with technology improvements. $10,000 LAG #300 City of Pelham: Assist with infrastructure improvements and renovations. $10,000 LAG #301 Monroe County: Engineer and construct a building at the Whistle Stop Cafe'. $20,000 LAG #302 City of Culloden: Inspect, clean, and paint elevated city water tank. $15,000 LAG #304 City of Eton: Assist the City of Eton with community development. $15,000 LAG #305 Muscogee County: Operate the Two Thousand Opportunities, Inc. $5,000 LAG #306 Muscogee County: Fund an economic literacy program at the Girls Incorporated of Columbus. $5,000 LAG #307 City of Columbus: Operate a student athlete program at the Sports Counseling and Educational Services, Inc. $20,000 LAG #308 City of Columbus: Fund an income tax credit initiative at the United Way of the Chattahoochee Valley. $10,000 LAG #309 City of Columbus: Fund an after school reading tutorial program at the Building Toward Wellness Inc. $10,000 LAG #310 City of Columbus: Fund a charity project at the Controller's Civic and Social Club. $5,000 LAG #311 City of Columbus: Fund Project Rebound Inc. for an after school enrichment program for foster children. $5,000 LAG #312 City of Columbus: Fund Columbus South, Inc. for revitalization efforts. $5,000 LAG #313 City of Columbus: Assist the United Way of the Chattahoochee with infrastructure improvements to help reduce regional poverty. $20,000 LAG #314 Muscogee County Board of Education: Fund the Marshall Middle School Year Round Program. $10,000 LAG #315 City of Porterdale: Restore Porter Memorial Gym. $20,000 LAG #316 Paulding County: Assist Paulding County with children's public safety. $3,000 LAG #317 Paulding County: Improve the Ridge Road Community Park. $20,000 LAG #318 City of Dallas: Assist with technology improvements. $2,000 LAG #319 Paulding County Board of Education: Assist with security enhancements to ensure safe schools. $16,000 LAG #320 Paulding County Board of Education: Purchase a field house/locker room for East Paulding High School. $10,000 LAG #321 Peach County: Purchase two warning sirens. $20,000 LAG #322 Pickens County: Assist Pickens County with technology improvements. $15,000 LAG #323 Pickens County: Purchase an Urban Response Type-6 fire engine. $40,000 LAG #324 Pierce County: Purchase equipment for the Pierce County Recreation Department. $15,000 LAG #325 City of Offerman: Build a bathroom for the city park. $5,000 LAG #326 City of Eatonton: Assist the City of Eatonton with community center improvements - historic log cabin structure. THURSDAY, MARCH 20, 2008 1953 $35,000 LAG #327 Rabun County: Promote academic strength and success through the Rabun Youth Inc. $5,000 LAG #328 City of Sky Valley: Construct a meeting room for government meetings. $20,000 LAG #329 Randolph County: Assist Randolph County with technology and communications improvements. $10,000 LAG #330 City of Cuthbert: Assist the City of Cuthbert with technology improvements. $3,000 LAG #331 City of Shellman: Purchase an AED defibulator. $3,000 LAG #332 Rockdale County: Assist the Conyers-Rockdale Library System with transportation improvements. $20,000 LAG #333 City of Conyers: Fund park improvements. $25,000 LAG #334 DeKalb County Board of Education: Assist Lithonia Middle School in meeting media material requirements. $5,000 LAG #335 Screven County: Assist the Screven County Chamber of Commerce with a museum renovation. $12,000 LAG #336 City of Donalsonville: Replace the radio system at the Donalsonville Fire Department. $10,000 LAG #337 Seminole County Board of Education: Purchase a boiler for Seminole High School. $15,000 LAG #338 Stephens County: Provide funding for the Stephens County Recovery Academy. $5,000 LAG #339 Stephens County Board of Education: Assist the special education program at Eastanollee Elementary School. $5,000 LAG #340 Stephens County Board of Education: Assist the special education program at Stephens County Middle School. $15,000 LAG #341 City of Richland: Clean-up from tornado damage. $25,000 LAG #342 Sumter County: Assist with airport facility repairs. $18,000 LAG #343 City of Americus: Clean up from tornado damage. $40,000 LAG #344 Tattnall County: Provide funds for additions to a jail. $25,000 LAG #345 City of Glennville: Purchase a John Deere 1200A for the Glennville Recreation Department. $10,000 LAG #346 City of Glennville: Assist in the development of a low income residential center. $45,000 LAG #347 City of Reidsville: Purchase a truck, truck bay, office, and enlarge a meeting room. $15,000 LAG #348 City of Reidsville: Purchase equipment for the Reidsville Fire Department. $10,000 LAG #349 City of Reidsville: Complete improvement projects at the Reidsville Municipal Airport. $25,000 LAG #350 Thomas County: Purchase equipment and furnishings for a new building at the Thomas County Boys and Girls Club. $20,000 LAG #351 Thomas County: Provide funds ($1,153/each) to the 13 Volunteer Fire Departments in Thomas County for equipment. $15,000 LAG #352 City of Boston: Improve streetscape and gateway on HWY 84. $15,000 LAG #353 City of Meigs: Replace roof and make repairs to the city hall. $20,000 1954 JOURNAL OF THE SENATE LAG #354 Tift County: Assist the Tift County Sheriff's Office with communications and technology improvements. $12,000 LAG #355 City of TyTy: Assist with recreational improvements. $10,000 LAG #356 Toombs County: Refurbish training center and purchase equipment for the Toombs County Rural Fire Department. $30,000 LAG #357 City of Lyons: Upgrade parks maintained by the Recreational Department. $20,000 LAG #358 City of Lyons: Establish the Altamaha Heritage Center Museum. $10,000 LAG #359 City of Vidalia: Develop a pistol range for law enforcement. $25,000 LAG #360 Treutlen County: Fund grant writing to the Heart of Georgia Altamaha Regional Development Center. $20,000 LAG #361 City of Soperton: Assist the City of Soperton with community development. $7,500 LAG #362 City of Soperton: Fund repairs and purchase equipment at the city recreation park. $15,000 LAG #363 City of LaGrange: Assist the City of LaGrange with community development. $20,000 LAG #364 City of LaGrange: Assist with environmental improvements at Granger Park Lake. $15,000 LAG #365 Turner County: Assist with emergency services improvements. $12,000 LAG #366 City of Sycamore: Assist with public safety equipment. $7,000 LAG #367 Union County Board of Education: Create a drug prevention program. $50,000 LAG #368 Walker County: Fund transportation planning. $22,500 LAG #369 City of LaFayette: Assist the Chattooga Academy with infrastructure renovations and repairs. $15,000 LAG #370 City of Good Hope: Assist the City of Good Hope with community development. $5,000 LAG #371 City of Social Circle: Assist the City of Social Circle with community development. $25,000 LAG #372 Walton County Board of Education: Assist with a health education facility at Loganville High School. $15,000 LAG #373 Ware County: Purchase Type 5 Fire Engine Truck. $40,000 LAG #374 City of Waycross: Assist the City of Waycross with community development improvements. $10,000 LAG #375 Warren County: Purchase a transport vehicle for coroner. $5,000 LAG #376 Warren County: Purchase a storage cooler for coroner. $3,000 LAG #377 Wayne County: Assist Webster County Volunteer Fire Departments with public safety and transportation improvements. $5,000 LAG #378 City of Jesup: Assist with technology improvements. $5,000 LAG #379 City of Screven: Assist with emergency (tornado damage) repairs. $5,000 LAG #380 Webster County: Assist Webster County with public safety and transportation improvements. $10,000 LAG #381 City of Alamo: Assist the Alamo Police Department with public safety improvements. $3,000 LAG #382 City of Alamo: Purchase Body Armor for the Alamo Police Department. $1,800 LAG #383 Whitfield County: Hire a consultant to develop a master plan for the development of heritage interpretation of Prater's Mill. $25,000 THURSDAY, MARCH 20, 2008 1955 LAG #384 City of Cohutta: Assist the City of Cohutta with public safety equipment. $17,000 LAG #385 City of Dalton: Assist the Creative Arts Guild with environmental improvements. $15,000 LAG #386 City of Abbeville: Purchase two (2) Automatic External Defibrillators for police cars. $2,000 LAG #387 City of Pineview: Purchase police cars. $15,000 LAG #388 City of Rochelle: Assist the City of Rochelle with water system infrastructure improvements. $7,000 LAG #389 City of Washington: Support overnight facilities for tourism and economic development. $20,000 LAG #390 City of Washington: Assist the Pope Center in the City of Washington with technology upgrades. $35,000 LAG #391 City of Ivey: Assist in the upgrade of city water lines. $22,000 LAG #392 City of Poulan: Assist with community development. $5,000 LAG #393 City of Sylvester: Purchase turnout gear for eleven (11) firefighters. $10,000 LAG #394 City of Sylvester: Purchase computers for city hall. $4,500 LAG #395 City of Warwick: Assist the City of Warwick with emergency services enhancements. $24,000 LAG #396 Central Savannah River Area Regional Development Center: Assist Walton Options for Independent Living with handicapped accessibility. $10,000 LAG #397 Northeast Georgia Regional Development Center: Assist the Arts Development Council with infrastructure and operational improvements. $5,000 LAG #398 Northwest Georgia Trade and Convention Center Authority: Assist with accessibility and informational improvements at the Georgia Athletic Coaches Association. $25,000 Section 16: Community Health, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Section Total - Continuation $2,482,108,214 $2,428,284,558 $53,823,656 $5,509,482,136 $5,259,003,078 $250,479,058 $475,338,868 $239,598,082 $233,208,626 $2,532,160 $2,990,367,005 $2,990,367,005 $2,482,108,214 $2,428,284,558 $53,823,656 $5,509,482,136 $5,259,003,078 $250,479,058 $475,338,868 $239,598,082 $233,208,626 $2,532,160 $2,990,367,005 $2,990,367,005 $2,482,108,214 $2,428,284,558 $53,823,656 $5,509,482,136 $5,259,003,078 $250,479,058 $475,338,868 $239,598,082 $233,208,626 $2,532,160 $2,990,367,005 $2,990,367,005 $2,482,108,214 $2,428,284,558 $53,823,656 $5,509,482,136 $5,259,003,078 $250,479,058 $475,338,868 $239,598,082 $233,208,626 $2,532,160 $2,990,367,005 $2,990,367,005 1956 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $11,457,296,223 $11,457,296,223 $11,457,296,223 $11,457,296,223 Section Total - Final $2,401,048,908 $2,401,048,908 $2,394,285,576 $2,401,338,867 $2,347,225,252 $2,347,225,252 $2,340,461,920 $2,347,515,211 $53,823,656 $53,823,656 $53,823,656 $53,823,656 $5,753,753,923 $5,800,316,923 $5,789,264,450 $5,801,325,768 $5,506,164,843 $5,506,296,754 $5,495,244,281 $5,507,305,599 $247,589,080 $294,020,169 $294,020,169 $294,020,169 $710,948,528 $711,310,148 $711,310,148 $711,310,148 $475,207,742 $475,569,362 $475,569,362 $475,569,362 $233,208,626 $233,208,626 $233,208,626 $233,208,626 $2,532,160 $2,532,160 $2,532,160 $2,532,160 $2,996,931,591 $2,996,931,591 $2,996,931,591 $3,027,277,061 $2,996,931,591 $2,996,931,591 $2,996,931,591 $3,027,277,061 $11,862,682,950 $11,909,607,570 $11,891,791,765 $11,941,251,844 Departmental Administration and Program Support Continuation Budget The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $94,102,323 $94,102,323 $94,102,323 $94,102,323 State General Funds $94,102,323 $94,102,323 $94,102,323 $94,102,323 TOTAL FEDERAL FUNDS $300,332,028 $300,332,028 $300,332,028 $300,332,028 Medical Assistance Program CFDA93.778 $282,177,993 $282,177,993 $282,177,993 $282,177,993 State Children's Insurance Program CFDA93.767 $18,154,035 $18,154,035 $18,154,035 $18,154,035 TOTAL AGENCY FUNDS $14,362,160 $14,362,160 $14,362,160 $14,362,160 Reserved Fund Balances $14,130,000 $14,130,000 $14,130,000 $14,130,000 Reserved Fund Balances Not Itemized $14,130,000 $14,130,000 $14,130,000 $14,130,000 Sales and Services $232,160 $232,160 $232,160 $232,160 Sales and Services Not Itemized $232,160 $232,160 $232,160 $232,160 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $22,134,312 $22,134,312 $22,134,312 $22,134,312 State Funds Transfers $22,134,312 $22,134,312 $22,134,312 $22,134,312 Health Insurance Payments $22,134,312 $22,134,312 $22,134,312 $22,134,312 TOTAL PUBLIC FUNDS $430,930,823 $430,930,823 $430,930,823 $430,930,823 70.1 Reduce funds received in the Health Care Access and Improvement program for the Regional Health Information Technology THURSDAY, MARCH 20, 2008 1957 pilot partnership with the Medical College of Georgia. State General Funds 70.100 -Departmental Administration and Program Support Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $94,102,323 $94,102,323 $94,102,323 State General Funds $94,102,323 $94,102,323 $94,102,323 TOTAL FEDERAL FUNDS $300,332,028 $300,332,028 $300,332,028 Medical Assistance Program CFDA93.778 $282,177,993 $282,177,993 $282,177,993 State Children's Insurance Program CFDA93.767 $18,154,035 $18,154,035 $18,154,035 TOTAL AGENCY FUNDS $14,362,160 $14,362,160 $14,362,160 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 Sales and Services $232,160 $232,160 $232,160 Sales and Services Not Itemized $232,160 $232,160 $232,160 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $22,134,312 $22,134,312 $22,134,312 State Funds Transfers $22,134,312 $22,134,312 $22,134,312 Health Insurance Payments $22,134,312 $22,134,312 $22,134,312 TOTAL PUBLIC FUNDS $430,930,823 $430,930,823 $430,930,823 ($300,000) $93,802,323 $93,802,323 $300,332,028 $282,177,993 $18,154,035 $14,362,160 $14,130,000 $14,130,000 $232,160 $232,160 $22,134,312 $22,134,312 $22,134,312 $430,630,823 Health Care Access and Improvement Continuation Budget The purpose of this appropriation is to improve the health, wellness and access to healthcare for Georgians. TOTAL STATE FUNDS $17,299,088 $17,299,088 $17,299,088 $17,299,088 State General Funds $14,449,088 $14,449,088 $14,449,088 $14,449,088 Tobacco Settlement Funds $2,850,000 $2,850,000 $2,850,000 $2,850,000 TOTAL FEDERAL FUNDS $588,838 $588,838 $588,838 $588,838 Medical Assistance Program CFDA93.778 $588,838 $588,838 $588,838 $588,838 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 $17,987,926 $17,987,926 $17,987,926 $17,987,926 71.1 Reduce funds received for the Regional Health Information Technology pilot partnership with the Medical College of Georgia. (CC:Reflect reduction in the Departmental Administration program) State General Funds ($300,000) $0 1958 JOURNAL OF THE SENATE 71.100 -Health Care Access and Improvement Appropriation (HB 989) The purpose of this appropriation is to improve the health, wellness and access to healthcare for Georgians. TOTAL STATE FUNDS $17,299,088 $17,299,088 $16,999,088 State General Funds $14,449,088 $14,449,088 $14,149,088 Tobacco Settlement Funds $2,850,000 $2,850,000 $2,850,000 TOTAL FEDERAL FUNDS $588,838 $588,838 $588,838 Medical Assistance Program CFDA93.778 $588,838 $588,838 $588,838 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 $17,987,926 $17,987,926 $17,687,926 $17,299,088 $14,449,088 $2,850,000 $588,838 $588,838 $100,000 $100,000 $100,000 $17,987,926 Indigent Care Trust Fund Continuation Budget The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. TOTAL STATE FUNDS $500,000 $500,000 $500,000 $500,000 State General Funds $500,000 $500,000 $500,000 $500,000 TOTAL FEDERAL FUNDS $271,584,678 $271,584,678 $271,584,678 $271,584,678 Medical Assistance Program CFDA93.778 $271,584,678 $271,584,678 $271,584,678 $271,584,678 TOTAL AGENCY FUNDS $160,737,322 $160,737,322 $160,737,322 $160,737,322 Intergovernmental Transfers $158,537,322 $158,537,322 $158,537,322 $158,537,322 Hospital Authorities $158,537,322 $158,537,322 $158,537,322 $158,537,322 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 $432,822,000 $432,822,000 $432,822,000 $432,822,000 72.1 Increase funds to provide the state match for private hospitals that are considered "deemed" by federal standards for the Disproportionate Share Hospital (DSH) program. (H:Provide the state match for federal Disproportionate Share Hospital (DSH) funds for private hospitals providing access to Georgia's uninsured citizens)(CC:Add Archbold Memorial Hospital) State General Funds $6,660,093 $13,123,425 $6,660,093 $13,713,384 Medical Assistance Program CFDA93.778 $11,388,940 $22,441,413 $11,388,940 $23,450,258 TOTAL PUBLIC FUNDS $18,049,033 $35,564,838 $18,049,033 $37,163,642 72.100 -Indigent Care Trust Fund Appropriation (HB 989) The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically THURSDAY, MARCH 20, 2008 1959 indigent Georgians. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Intergovernmental Transfers Hospital Authorities Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,160,093 $7,160,093 $282,973,618 $282,973,618 $160,737,322 $158,537,322 $158,537,322 $2,200,000 $2,200,000 $450,871,033 $13,623,425 $13,623,425 $294,026,091 $294,026,091 $160,737,322 $158,537,322 $158,537,322 $2,200,000 $2,200,000 $468,386,838 $7,160,093 $7,160,093 $282,973,618 $282,973,618 $160,737,322 $158,537,322 $158,537,322 $2,200,000 $2,200,000 $450,871,033 $14,213,384 $14,213,384 $295,034,936 $295,034,936 $160,737,322 $158,537,322 $158,537,322 $2,200,000 $2,200,000 $469,985,642 Medicaid: Aged, Blind, and Disabled Continuation Budget The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS 73.1 Transfer funds to align budget with expenditures. $1,135,312,137 $1,135,312,137 $2,663,301,386 $2,663,301,386 $207,984,792 $145,641,804 $145,641,804 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,273,886,947 $1,135,312,137 $1,135,312,137 $2,663,301,386 $2,663,301,386 $207,984,792 $145,641,804 $145,641,804 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,273,886,947 $1,135,312,137 $1,135,312,137 $2,663,301,386 $2,663,301,386 $207,984,792 $145,641,804 $145,641,804 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,273,886,947 $1,135,312,137 $1,135,312,137 $2,663,301,386 $2,663,301,386 $207,984,792 $145,641,804 $145,641,804 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,273,886,947 Medical Assistance Program CFDA93.778 Optional Medicaid Services Payments TOTAL PUBLIC FUNDS ($60,415,946) ($35,757,161) ($96,173,107) ($60,415,946) ($35,757,161) ($96,173,107) ($60,415,946) ($35,757,161) ($96,173,107) ($60,415,946) ($35,757,161) ($96,173,107) 73.2 Utilize FY07 reserves for FY07 Incurred But Not Reported (IBNR) expenses. Medical Assistance Program CFDA93.778 $278,543,880 $278,543,880 $278,543,880 $278,543,880 1960 JOURNAL OF THE SENATE Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS 73.3 Reduce funds to reflect benefit projections. $164,856,120 $164,856,120 $164,856,120 $164,856,120 $443,400,000 $443,400,000 $443,400,000 $443,400,000 State General Funds ($70,443,008) ($76,906,340) ($76,906,340) ($76,906,340) Medical Assistance Program CFDA93.778 ($119,021,780) ($129,942,342) ($129,942,342) ($129,942,342) TOTAL PUBLIC FUNDS ($189,464,788) ($206,848,682) ($206,848,682) ($206,848,682) 73.100 -Medicaid: Aged, Blind, and Disabled Appropriation (HB 989) The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals. TOTAL STATE FUNDS $1,064,869,129 $1,058,405,797 $1,058,405,797 $1,058,405,797 State General Funds $1,064,869,129 $1,058,405,797 $1,058,405,797 $1,058,405,797 TOTAL FEDERAL FUNDS $2,762,407,540 $2,751,486,978 $2,751,486,978 $2,751,486,978 Medical Assistance Program CFDA93.778 $2,762,407,540 $2,751,486,978 $2,751,486,978 $2,751,486,978 TOTAL AGENCY FUNDS $372,840,912 $372,840,912 $372,840,912 $372,840,912 Reserved Fund Balances $310,497,924 $310,497,924 $310,497,924 $310,497,924 Reserved Fund Balances Not Itemized $310,497,924 $310,497,924 $310,497,924 $310,497,924 Intergovernmental Transfers $62,342,988 $62,342,988 $62,342,988 $62,342,988 Hospital Authorities $62,342,988 $62,342,988 $62,342,988 $62,342,988 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $231,531,471 $231,531,471 $231,531,471 $231,531,471 State Funds Transfers $231,531,471 $231,531,471 $231,531,471 $231,531,471 Optional Medicaid Services Payments $231,531,471 $231,531,471 $231,531,471 $231,531,471 TOTAL PUBLIC FUNDS $4,431,649,052 $4,414,265,158 $4,414,265,158 $4,414,265,158 Medicaid: Low-Income Medicaid Continuation Budget The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers $981,795,155 $930,821,499 $50,973,656 $1,837,234,253 $1,837,234,253 $92,154,594 $79,826,278 $79,826,278 $12,328,316 $981,795,155 $930,821,499 $50,973,656 $1,837,234,253 $1,837,234,253 $92,154,594 $79,826,278 $79,826,278 $12,328,316 $981,795,155 $930,821,499 $50,973,656 $1,837,234,253 $1,837,234,253 $92,154,594 $79,826,278 $79,826,278 $12,328,316 $981,795,155 $930,821,499 $50,973,656 $1,837,234,253 $1,837,234,253 $92,154,594 $79,826,278 $79,826,278 $12,328,316 THURSDAY, MARCH 20, 2008 1961 Hospital Authorities $12,328,316 $12,328,316 $12,328,316 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $13,416,847 $13,416,847 $13,416,847 State Funds Transfers $13,416,847 $13,416,847 $13,416,847 Optional Medicaid Services Payments $13,416,847 $13,416,847 $13,416,847 TOTAL PUBLIC FUNDS $2,924,600,849 $2,924,600,849 $2,924,600,849 74.1 Transfer funds to align budget with expenditures and increase funds to reflect benefit projections. $12,328,316 $13,416,847 $13,416,847 $13,416,847 $2,924,600,849 Medical Assistance Program CFDA93.778 $71,507,589 $71,507,589 Optional Medicaid Services Payments $42,321,747 $42,321,747 TOTAL PUBLIC FUNDS $113,829,336 $113,829,336 74.2 Utilize funds for FY07 reserves for FY07 Incurred But Not Reported (IBNR) expenses. $71,507,589 $42,321,747 $113,829,336 $71,507,589 $42,321,747 $113,829,336 Medical Assistance Program CFDA93.778 $119,546,460 $119,546,460 Reserved Fund Balances Not Itemized $70,753,540 $70,753,540 TOTAL PUBLIC FUNDS $190,300,000 $190,300,000 74.3 Reduce Care Management Organization (CMO) fees due to lower program enrollment. $119,546,460 $70,753,540 $190,300,000 $119,546,460 $70,753,540 $190,300,000 State General Funds ($32,189,155) ($32,189,155) ($32,189,155) ($32,189,155) Medical Assistance Program CFDA93.778 ($54,387,378) ($54,387,378) ($54,387,378) ($54,387,378) TOTAL PUBLIC FUNDS ($86,576,533) ($86,576,533) ($86,576,533) ($86,576,533) 74.100 -Medicaid: Low-Income Medicaid Appropriation (HB 989) The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $949,606,000 $949,606,000 $949,606,000 $949,606,000 State General Funds $898,632,344 $898,632,344 $898,632,344 $898,632,344 Tobacco Settlement Funds $50,973,656 $50,973,656 $50,973,656 $50,973,656 TOTAL FEDERAL FUNDS $1,973,900,924 $1,973,900,924 $1,973,900,924 $1,973,900,924 Medical Assistance Program CFDA93.778 $1,973,900,924 $1,973,900,924 $1,973,900,924 $1,973,900,924 TOTAL AGENCY FUNDS $162,908,134 $162,908,134 $162,908,134 $162,908,134 Reserved Fund Balances $150,579,818 $150,579,818 $150,579,818 $150,579,818 Reserved Fund Balances Not Itemized $150,579,818 $150,579,818 $150,579,818 $150,579,818 Intergovernmental Transfers $12,328,316 $12,328,316 $12,328,316 $12,328,316 Hospital Authorities $12,328,316 $12,328,316 $12,328,316 $12,328,316 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $55,738,594 $55,738,594 $55,738,594 $55,738,594 State Funds Transfers $55,738,594 $55,738,594 $55,738,594 $55,738,594 Optional Medicaid Services Payments $55,738,594 $55,738,594 $55,738,594 $55,738,594 TOTAL PUBLIC FUNDS $3,142,153,652 $3,142,153,652 $3,142,153,652 $3,142,153,652 1962 JOURNAL OF THE SENATE 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 $120,805,958 $120,805,958 $120,805,958 $120,805,958 State General Funds $120,805,958 $120,805,958 $120,805,958 $120,805,958 TOTAL FEDERAL FUNDS $204,115,930 $204,115,930 $204,115,930 $204,115,930 Medical Assistance Program CFDA93.778 $204,115,930 $204,115,930 $204,115,930 $204,115,930 TOTAL PUBLIC FUNDS $324,921,888 $324,921,888 $324,921,888 $324,921,888 75.100 -Nursing Home Provider Fees Appropriation (HB 989) 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 $120,805,958 $120,805,958 $120,805,958 $120,805,958 State General Funds $120,805,958 $120,805,958 $120,805,958 $120,805,958 TOTAL FEDERAL FUNDS $204,115,930 $204,115,930 $204,115,930 $204,115,930 Medical Assistance Program CFDA93.778 $204,115,930 $204,115,930 $204,115,930 $204,115,930 TOTAL PUBLIC FUNDS $324,921,888 $324,921,888 $324,921,888 $324,921,888 PeachCare Continuation Budget The purpose of this appropriation is to improve access to healthcare for qualified low-income families. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS State Children's Insurance Program CFDA93.767 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS 76.1 Increase funds to cover projected benefit expenditures. $81,348,701 $81,348,701 $232,325,023 $232,325,023 $151,783 $151,783 $151,783 $313,825,507 $81,348,701 $81,348,701 $232,325,023 $232,325,023 $151,783 $151,783 $151,783 $313,825,507 $81,348,701 $81,348,701 $232,325,023 $232,325,023 $151,783 $151,783 $151,783 $313,825,507 State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $15,926,579 $15,926,579 $45,400,256 $61,326,835 $15,926,579 $45,400,256 $61,326,835 $81,348,701 $81,348,701 $232,325,023 $232,325,023 $151,783 $151,783 $151,783 $313,825,507 $15,926,579 $45,400,256 $61,326,835 THURSDAY, MARCH 20, 2008 1963 76.2 Reduce Care Management Organization (CMO) fees. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($1,013,815) ($2,889,978) ($3,903,793) ($1,013,815) ($2,889,978) ($3,903,793) ($1,013,815) ($2,889,978) ($3,903,793) ($1,013,815) ($2,889,978) ($3,903,793) 76.3 Utilize FY07 reserves for FY07 Incurred But Not Reported (IBNR) expenses. State Children's Insurance Program CFDA93.767 $1,030,833 $1,030,833 $1,030,833 Reserved Fund Balances Not Itemized $361,620 $361,620 $361,620 TOTAL PUBLIC FUNDS $1,392,453 $1,392,453 $1,392,453 76.99 CC: The purpose of this appropriation is to improve access to healthcare for qualified low-income Georgia children. House: The purpose of this appropriation is to improve access to healthcare for qualified low-income Georgia children. State General Funds $0 $0 76.100 -PeachCare Appropriation (HB 989) The purpose of this appropriation is to improve access to healthcare for qualified low-income Georgia children. TOTAL STATE FUNDS $96,261,465 $96,261,465 $96,261,465 $96,261,465 State General Funds $96,261,465 $96,261,465 $96,261,465 $96,261,465 TOTAL FEDERAL FUNDS $229,435,045 $275,866,134 $275,866,134 $275,866,134 State Children's Insurance Program CFDA93.767 $229,435,045 $275,866,134 $275,866,134 $275,866,134 TOTAL AGENCY FUNDS $361,620 $361,620 $361,620 Reserved Fund Balances $361,620 $361,620 $361,620 Reserved Fund Balances Not Itemized $361,620 $361,620 $361,620 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $151,783 $151,783 $151,783 $151,783 State Funds Transfers $151,783 $151,783 $151,783 $151,783 Optional Medicaid Services Payments $151,783 $151,783 $151,783 $151,783 TOTAL PUBLIC FUNDS $325,848,293 $372,641,002 $372,641,002 $372,641,002 State Health Benefit Plan Continuation Budget 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. The employer contribution rate for the teachers' health benefit plan shall not exceed 18.534% and for the state employees' health benefit plan it shall not exceed 22.843%. TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers $0 $0 $2,687,375,431 $2,687,375,431 $0 $0 $2,687,375,431 $2,687,375,431 $0 $0 $2,687,375,431 $2,687,375,431 $0 $0 $2,687,375,431 $2,687,375,431 1964 JOURNAL OF THE SENATE Health Insurance Payments $2,687,375,431 $2,687,375,431 $2,687,375,431 $2,687,375,431 TOTAL PUBLIC FUNDS $2,687,375,431 $2,687,375,431 $2,687,375,431 $2,687,375,431 77.1 Increase funds to reflect prefunded health insurance for non-certified personnel and retired teachers. Health Insurance Payments $30,345,470 77.99 CC: 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. Senate: 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. House: 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. Governor: 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. Health Insurance Payments $0 $0 $0 $0 77.100 -State Health Benefit Plan Appropriation (HB 989) 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. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,687,375,431 $2,687,375,431 $2,687,375,431 $2,717,720,901 State Funds Transfers $2,687,375,431 $2,687,375,431 $2,687,375,431 $2,717,720,901 Health Insurance Payments $2,687,375,431 $2,687,375,431 $2,687,375,431 $2,717,720,901 TOTAL PUBLIC FUNDS $2,687,375,431 $2,687,375,431 $2,687,375,431 $2,717,720,901 Composite Board of Medical Examiners Continuation Budget 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 $2,366,731 $2,366,731 $2,366,731 $2,366,731 State General Funds $2,366,731 $2,366,731 $2,366,731 $2,366,731 TOTAL PUBLIC FUNDS $2,366,731 $2,366,731 $2,366,731 $2,366,731 78.100 -Composite Board of Medical Examiners Appropriation (HB 989) 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 $2,366,731 $2,366,731 $2,366,731 $2,366,731 State General Funds $2,366,731 $2,366,731 $2,366,731 $2,366,731 TOTAL PUBLIC FUNDS $2,366,731 $2,366,731 $2,366,731 $2,366,731 THURSDAY, MARCH 20, 2008 1965 Physician Workforce, Georgia Board of: Board Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS $591,850 $591,850 $591,850 State General Funds $591,850 $591,850 $591,850 TOTAL PUBLIC FUNDS $591,850 $591,850 $591,850 79.100 -Physician Workforce, Georgia Board of: Board Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS $591,850 $591,850 $591,850 State General Funds $591,850 $591,850 $591,850 TOTAL PUBLIC FUNDS $591,850 $591,850 $591,850 $591,850 $591,850 $591,850 $591,850 $591,850 $591,850 Physician Workforce, Education Georgia Board of: Graduate Medical Continuation Budget The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support and development of medical education programs. TOTAL STATE FUNDS $7,212,223 $7,212,223 $7,212,223 $7,212,223 State General Funds $7,212,223 $7,212,223 $7,212,223 $7,212,223 TOTAL PUBLIC FUNDS $7,212,223 $7,212,223 $7,212,223 $7,212,223 80.100 -Physician Education Workforce, Georgia Board of: Graduate Medical Appropriation (HB 989) The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support and development of medical education programs. TOTAL STATE FUNDS $7,212,223 $7,212,223 $7,212,223 $7,212,223 State General Funds $7,212,223 $7,212,223 $7,212,223 $7,212,223 TOTAL PUBLIC FUNDS $7,212,223 $7,212,223 $7,212,223 $7,212,223 Physician Grant Workforce, Georgia Board of: Mercer School of Medicine Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $24,560,862 $24,560,862 $24,560,862 $24,560,862 $24,560,862 $24,560,862 $24,560,862 $24,560,862 $24,560,862 $24,560,862 $24,560,862 $24,560,862 1966 JOURNAL OF THE SENATE 81.100 -Physician Workforce, Medicine Grant Georgia Board of: Mercer School of Appropriation (HB 989) 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 $24,560,862 $24,560,862 $24,560,862 $24,560,862 State General Funds $24,560,862 $24,560,862 $24,560,862 $24,560,862 TOTAL PUBLIC FUNDS $24,560,862 $24,560,862 $24,560,862 $24,560,862 Physician Workforce, Medicine Grant Georgia Board of: Morehouse School of Continuation Budget 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 $11,247,293 $11,247,293 $11,247,293 $11,247,293 State General Funds $11,247,293 $11,247,293 $11,247,293 $11,247,293 TOTAL PUBLIC FUNDS $11,247,293 $11,247,293 $11,247,293 $11,247,293 82.100 -Physician Workforce, Medicine Grant Georgia Board of: Morehouse School of Appropriation (HB 989) 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 $11,247,293 $11,247,293 $11,247,293 $11,247,293 State General Funds $11,247,293 $11,247,293 $11,247,293 $11,247,293 TOTAL PUBLIC FUNDS $11,247,293 $11,247,293 $11,247,293 $11,247,293 Physician Workforce, Education Georgia Board of: Undergraduate Medical Continuation Budget 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. TOTAL STATE FUNDS $3,538,484 $3,538,484 $3,538,484 $3,538,484 State General Funds $3,538,484 $3,538,484 $3,538,484 $3,538,484 TOTAL PUBLIC FUNDS $3,538,484 $3,538,484 $3,538,484 $3,538,484 83.100 -Physician Education Workforce, Georgia Board of: Undergraduate Medical Appropriation (HB 989) The purpose of this appropriation is to ensure an adequate supply of primary care and other needed physician specialists through a THURSDAY, MARCH 20, 2008 1967 public/private partnership with certain private medical schools in Georgia. TOTAL STATE FUNDS $3,538,484 State General Funds $3,538,484 TOTAL PUBLIC FUNDS $3,538,484 $3,538,484 $3,538,484 $3,538,484 $3,538,484 $3,538,484 $3,538,484 $3,538,484 $3,538,484 $3,538,484 Medical Education Board, State Continuation Budget The purpose of this appropriation is to ensure an adequate supply of physicians 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 $1,427,409 $1,427,409 $1,427,409 $1,427,409 State General Funds $1,427,409 $1,427,409 $1,427,409 $1,427,409 TOTAL PUBLIC FUNDS $1,427,409 $1,427,409 $1,427,409 $1,427,409 84.100 -Medical Education Board, State Appropriation (HB 989) The purpose of this appropriation is to ensure an adequate supply of physicians 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 $1,427,409 $1,427,409 $1,427,409 $1,427,409 State General Funds $1,427,409 $1,427,409 $1,427,409 $1,427,409 TOTAL PUBLIC FUNDS $1,427,409 $1,427,409 $1,427,409 $1,427,409 Section 17: Corrections, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total - Continuation $1,100,549,710 $1,100,549,710 $1,100,549,710 $1,100,549,710 $3,111,139 $3,111,139 $3,111,139 $3,111,139 $20,965,509 $20,965,509 $53,716 $53,716 $3,406,391 $3,406,391 $17,505,402 $17,505,402 $1,124,626,358 $1,124,626,358 Section Total - Final $1,100,549,710 $1,100,549,710 $1,100,549,710 $1,100,549,710 $3,111,139 $3,111,139 $1,100,549,710 $1,100,549,710 $3,111,139 $3,111,139 $20,965,509 $53,716 $3,406,391 $17,505,402 $1,124,626,358 $1,100,270,926 $1,100,270,926 $3,111,139 $1,100,549,710 $1,100,549,710 $3,111,139 $3,111,139 $20,965,509 $53,716 $3,406,391 $17,505,402 $1,124,626,358 $1,100,270,926 $1,100,270,926 $3,111,139 1968 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS $3,111,139 $20,965,509 $53,716 $3,406,391 $17,505,402 $1,124,626,358 $3,111,139 $20,965,509 $53,716 $3,406,391 $17,505,402 $1,124,626,358 $3,111,139 $20,965,509 $53,716 $3,406,391 $17,505,402 $1,124,347,574 $3,111,139 $20,965,509 $53,716 $3,406,391 $17,505,402 $1,124,347,574 Bainbridge Probation Substance Abuse Treatment Center Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,235,613 $6,235,613 $20,743 $20,743 $7,046 $7,046 $7,046 $6,263,402 $6,235,613 $6,235,613 $20,743 $20,743 $7,046 $7,046 $7,046 $6,263,402 $6,235,613 $6,235,613 $20,743 $20,743 $7,046 $7,046 $7,046 $6,263,402 $6,235,613 $6,235,613 $20,743 $20,743 $7,046 $7,046 $7,046 $6,263,402 85.100 -Bainbridge Probation Substance Abuse Treatment Center Appropriation (HB 989) 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 $6,235,613 $6,235,613 $6,235,613 $6,235,613 State General Funds $6,235,613 $6,235,613 $6,235,613 $6,235,613 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 $6,263,402 $6,263,402 $6,263,402 $6,263,402 County Jail Subsidy Continuation Budget The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities. THURSDAY, MARCH 20, 2008 1969 TOTAL STATE FUNDS $6,196,724 $6,196,724 $6,196,724 $6,196,724 State General Funds $6,196,724 $6,196,724 $6,196,724 $6,196,724 TOTAL PUBLIC FUNDS $6,196,724 $6,196,724 $6,196,724 $6,196,724 86.100 -County Jail Subsidy Appropriation (HB 989) The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities. TOTAL STATE FUNDS $6,196,724 $6,196,724 $6,196,724 $6,196,724 State General Funds $6,196,724 $6,196,724 $6,196,724 $6,196,724 TOTAL PUBLIC FUNDS $6,196,724 $6,196,724 $6,196,724 $6,196,724 Departmental Administration Continuation Budget 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 $55,204,846 $55,204,846 $55,204,846 $55,204,846 State General Funds $55,204,846 $55,204,846 $55,204,846 $55,204,846 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 $57,040,846 $57,040,846 $57,040,846 $57,040,846 87.1 Transfer savings generated through a temporary reduction in bed space from the Private Prisons program to cover operating costs associated with the ninety-six bed expansion at the Emanuel Probation Detention Center. State General Funds $629 $629 $629 $629 87.2 Transfer funds generated by the delay of 1,216 fast track bed expansions at five state prisons to the Health program to cover the projected health services deficit. Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison State General Funds ($7,761) ($7,761) ($7,761) ($7,761) 87.100 -Departmental Administration Appropriation (HB 989) 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 $55,197,714 $55,197,714 $55,197,714 $55,197,714 State General Funds $55,197,714 $55,197,714 $55,197,714 $55,197,714 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 $57,033,714 $57,033,714 $57,033,714 $57,033,714 1970 JOURNAL OF THE SENATE Detention Centers Continuation Budget 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 $46,080,772 $46,080,772 $46,080,772 $46,080,772 State General Funds $46,080,772 $46,080,772 $46,080,772 $46,080,772 TOTAL FEDERAL FUNDS $127,140 $127,140 $127,140 $127,140 Federal Funds Not Itemized $127,140 $127,140 $127,140 $127,140 TOTAL AGENCY FUNDS $1,190,115 $1,190,115 $1,190,115 $1,190,115 Reserved Fund Balances $53,716 $53,716 $53,716 $53,716 Reserved Fund Balances Not Itemized $53,716 $53,716 $53,716 $53,716 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 $47,398,027 $47,398,027 $47,398,027 $47,398,027 88.1 Transfer savings generated through a temporary reduction in bed space from the Private Prisons program to cover operating costs associated with the ninety-six bed expansion at the Emanuel Probation Detention Center. State General Funds $641,190 $641,190 $641,190 $641,190 88.100 -Detention Centers Appropriation (HB 989) 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 $46,721,962 $46,721,962 $46,721,962 $46,721,962 State General Funds $46,721,962 $46,721,962 $46,721,962 $46,721,962 TOTAL FEDERAL FUNDS $127,140 $127,140 $127,140 $127,140 Federal Funds Not Itemized $127,140 $127,140 $127,140 $127,140 TOTAL AGENCY FUNDS $1,190,115 $1,190,115 $1,190,115 $1,190,115 Reserved Fund Balances $53,716 $53,716 $53,716 $53,716 Reserved Fund Balances Not Itemized $53,716 $53,716 $53,716 $53,716 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 $48,039,217 $48,039,217 $48,039,217 $48,039,217 Food and Farm Operations Continuation Budget The purpose of this appropriation is to raise crops and livestock, and produce dairy items used in preparing meals for offenders. TOTAL STATE FUNDS $13,288,692 $13,288,692 $13,288,692 $13,288,692 THURSDAY, MARCH 20, 2008 1971 State General Funds $13,288,692 $13,288,692 $13,288,692 $13,288,692 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 $45,000 $45,000 $45,000 $45,000 Sales and Services $45,000 $45,000 $45,000 $45,000 Sales and Services Not Itemized $45,000 $45,000 $45,000 $45,000 TOTAL PUBLIC FUNDS $13,355,692 $13,355,692 $13,355,692 $13,355,692 89.1 Transfer savings generated through a temporary reduction in bed space from the Private Prisons program to cover operating costs associated with the ninety-six bed expansion at the Emanuel Probation Detention Center. State General Funds $9,530 $9,530 $9,530 $9,530 89.2 Transfer funds generated by the delay of 1,216 fast track bed expansions at five state prisons to the Health program to cover the projected health services deficit. Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison State General Funds ($100,913) ($100,913) ($100,913) ($100,913) 89.100 -Food and Farm Operations Appropriation (HB 989) The purpose of this appropriation is to raise crops and livestock, and produce dairy items used in preparing meals for offenders. TOTAL STATE FUNDS $13,197,309 $13,197,309 $13,197,309 $13,197,309 State General Funds $13,197,309 $13,197,309 $13,197,309 $13,197,309 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 $45,000 $45,000 $45,000 $45,000 Sales and Services $45,000 $45,000 $45,000 $45,000 Sales and Services Not Itemized $45,000 $45,000 $45,000 $45,000 TOTAL PUBLIC FUNDS $13,264,309 $13,264,309 $13,264,309 $13,264,309 Health Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized $195,137,625 $195,137,625 $8,464,209 $8,464,209 $8,464,209 $195,137,625 $195,137,625 $8,464,209 $8,464,209 $8,464,209 $195,137,625 $195,137,625 $8,464,209 $8,464,209 $8,464,209 $195,137,625 $195,137,625 $8,464,209 $8,464,209 $8,464,209 1972 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $203,601,834 $203,601,834 $203,601,834 $203,601,834 90.1 Transfer savings generated through a temporary reduction in bed space from the Private Prisons program to cover operating costs associated with the ninety-six bed expansion at the Emanuel Probation Detention Center. State General Funds $216,651 $216,651 $216,651 $216,651 90.2 Transfer funds generated by the delay of 1,216 fast track bed expansions at five state prisons from the Departmental Administration, Food and Farm Operations, and State Prisons programs to cover the projected health services deficit. State General Funds $4,759,777 $4,759,777 $4,759,777 $4,759,777 90.100 -Health Appropriation (HB 989) 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 $200,114,053 $200,114,053 $200,114,053 $200,114,053 State General Funds $200,114,053 $200,114,053 $200,114,053 $200,114,053 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 $208,578,262 $208,578,262 $208,578,262 $208,578,262 Offender Management Continuation Budget The purpose of this appropriation is to provide cost effective correctional services that ensures public safety. TOTAL STATE FUNDS $44,724,989 $44,724,989 $44,724,989 $44,724,989 State General Funds $44,724,989 $44,724,989 $44,724,989 $44,724,989 TOTAL PUBLIC FUNDS $44,724,989 $44,724,989 $44,724,989 $44,724,989 91.1 Reduce funds received to expand County Correctional Institutions (CCI) to house state inmates in rural Georgia. State General Funds ($278,784) 91.100 -Offender Management Appropriation (HB 989) The purpose of this appropriation is to provide cost effective correctional services that ensures public safety. TOTAL STATE FUNDS $44,724,989 $44,724,989 $44,446,205 State General Funds $44,724,989 $44,724,989 $44,446,205 TOTAL PUBLIC FUNDS $44,724,989 $44,724,989 $44,446,205 ($278,784) $44,446,205 $44,446,205 $44,446,205 Parole Revocation Centers Continuation Budget The purpose of this appropriation is to provide a sanction for parole violations. THURSDAY, MARCH 20, 2008 1973 TOTAL STATE FUNDS $4,405,937 $4,405,937 $4,405,937 State General Funds $4,405,937 $4,405,937 $4,405,937 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 $4,465,585 $4,465,585 $4,465,585 92.100 -Parole Revocation Centers Appropriation (HB 989) The purpose of this appropriation is to provide a sanction for parole violations. TOTAL STATE FUNDS $4,405,937 $4,405,937 $4,405,937 State General Funds $4,405,937 $4,405,937 $4,405,937 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 $4,465,585 $4,465,585 $4,465,585 $4,405,937 $4,405,937 $10,510 $10,510 $49,138 $49,138 $49,138 $4,465,585 $4,405,937 $4,405,937 $10,510 $10,510 $49,138 $49,138 $49,138 $4,465,585 Private Prisons Continuation Budget The purpose of this appropriation is to provide cost effective correctional services that ensure public safety. TOTAL STATE FUNDS $80,709,877 $80,709,877 $80,709,877 $80,709,877 State General Funds $80,709,877 $80,709,877 $80,709,877 $80,709,877 TOTAL PUBLIC FUNDS $80,709,877 $80,709,877 $80,709,877 $80,709,877 93.1 Transfer savings generated through a temporary reduction in bed space to the Departmental Administration, Food and Farm Operations, Health, and Detention Centers programs to cover operating costs associated with the ninety-six bed expansion at the Emanuel Probation Detention Center. Sites: D. Ray James Correctional Facility State General Funds ($868,000) ($868,000) ($868,000) 93.100 -Private Prisons Appropriation (HB 989) The purpose of this appropriation is to provide cost effective correctional services that ensure public safety. TOTAL STATE FUNDS $79,841,877 $79,841,877 $79,841,877 State General Funds $79,841,877 $79,841,877 $79,841,877 ($868,000) $79,841,877 $79,841,877 1974 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $79,841,877 $79,841,877 $79,841,877 $79,841,877 Probation Diversion Centers Continuation Budget 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 $13,210,013 $13,210,013 $13,210,013 $13,210,013 State General Funds $13,210,013 $13,210,013 $13,210,013 $13,210,013 TOTAL AGENCY FUNDS $2,812,861 $2,812,861 $2,812,861 $2,812,861 Royalties and Rents $2,751,287 $2,751,287 $2,751,287 $2,751,287 Royalties and Rents Not Itemized $2,751,287 $2,751,287 $2,751,287 $2,751,287 Sales and Services $61,574 $61,574 $61,574 $61,574 Sales and Services Not Itemized $61,574 $61,574 $61,574 $61,574 TOTAL PUBLIC FUNDS $16,022,874 $16,022,874 $16,022,874 $16,022,874 94.1 Transfer funds to the Probation Supervision program to convert the Athens Diversion Center to the Athens Day Reporting Center. State General Funds ($1,069,332) ($1,069,332) ($1,069,332) ($1,069,332) 94.100 -Probation Diversion Centers Appropriation (HB 989) 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 $12,140,681 $12,140,681 $12,140,681 $12,140,681 State General Funds $12,140,681 $12,140,681 $12,140,681 $12,140,681 TOTAL AGENCY FUNDS $2,812,861 $2,812,861 $2,812,861 $2,812,861 Royalties and Rents $2,751,287 $2,751,287 $2,751,287 $2,751,287 Royalties and Rents Not Itemized $2,751,287 $2,751,287 $2,751,287 $2,751,287 Sales and Services $61,574 $61,574 $61,574 $61,574 Sales and Services Not Itemized $61,574 $61,574 $61,574 $61,574 TOTAL PUBLIC FUNDS $14,953,542 $14,953,542 $14,953,542 $14,953,542 Probation Supervision The purpose of this appropriation is to supervise probationers. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $82,167,745 $82,167,745 $82,167,745 $82,167,745 $82,167,745 $82,167,745 $82,167,745 $82,167,745 $82,167,745 $82,167,745 $82,167,745 $82,167,745 THURSDAY, MARCH 20, 2008 1975 95.1 Transfer funds from the Probation Diversion Centers program to convert the Athens Diversion Center to the Athens Day Reporting Center. State General Funds 95.100 -Probation Supervision The purpose of this appropriation is to supervise probationers. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,069,332 $1,069,332 $1,069,332 Appropriation (HB 989) $1,069,332 $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 State Prisons Continuation Budget 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 $526,810,477 $526,810,477 $526,810,477 $526,810,477 State General Funds $526,810,477 $526,810,477 $526,810,477 $526,810,477 TOTAL FEDERAL FUNDS $1,094,746 $1,094,746 $1,094,746 $1,094,746 Federal Funds Not Itemized $1,094,746 $1,094,746 $1,094,746 $1,094,746 TOTAL AGENCY FUNDS $8,397,140 $8,397,140 $8,397,140 $8,397,140 Royalties and Rents $655,104 $655,104 $655,104 $655,104 Royalties and Rents Not Itemized $655,104 $655,104 $655,104 $655,104 Sales and Services $7,742,036 $7,742,036 $7,742,036 $7,742,036 Sales and Services Not Itemized $7,742,036 $7,742,036 $7,742,036 $7,742,036 TOTAL PUBLIC FUNDS $536,302,363 $536,302,363 $536,302,363 $536,302,363 96.1 Transfer funds generated by the delay of 1,216 fast track bed expansions at five state prisons to the Health program to cover the projected health services deficit. Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison State General Funds ($4,651,103) ($4,651,103) ($4,651,103) ($4,651,103) 96.100 -State Prisons Appropriation (HB 989) 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 $522,159,374 $522,159,374 $522,159,374 $522,159,374 State General Funds $522,159,374 $522,159,374 $522,159,374 $522,159,374 TOTAL FEDERAL FUNDS $1,094,746 $1,094,746 $1,094,746 $1,094,746 Federal Funds Not Itemized $1,094,746 $1,094,746 $1,094,746 $1,094,746 1976 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $8,397,140 $655,104 $655,104 $7,742,036 $7,742,036 $531,651,260 $8,397,140 $655,104 $655,104 $7,742,036 $7,742,036 $531,651,260 $8,397,140 $655,104 $655,104 $7,742,036 $7,742,036 $531,651,260 $8,397,140 $655,104 $655,104 $7,742,036 $7,742,036 $531,651,260 Transitional Centers Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $26,376,400 $26,376,400 $26,376,400 $26,376,400 $26,376,400 $26,376,400 $26,376,400 $26,376,400 $26,376,400 $26,376,400 $26,376,400 $26,376,400 97.100 -Transitional Centers Appropriation (HB 989) 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 $26,376,400 $26,376,400 $26,376,400 $26,376,400 State General Funds $26,376,400 $26,376,400 $26,376,400 $26,376,400 TOTAL PUBLIC FUNDS $26,376,400 $26,376,400 $26,376,400 $26,376,400 Section 18: Defense, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $11,344,298 $11,344,298 $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $40,973,340 $11,344,298 $11,344,298 $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $40,973,340 $11,344,298 $11,344,298 $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $40,973,340 $11,344,298 $11,344,298 $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $40,973,340 THURSDAY, MARCH 20, 2008 1977 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $11,491,013 $11,417,656 $11,491,013 $11,417,656 $28,812,701 $28,812,701 $28,812,701 $28,812,701 $816,341 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $41,120,055 $41,046,698 $11,491,013 $11,491,013 $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $41,120,055 $11,491,013 $11,491,013 $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $41,120,055 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,304,048 $1,304,048 $409,445 $409,445 $1,713,493 $1,304,048 $1,304,048 $409,445 $409,445 $1,713,493 $1,304,048 $1,304,048 $409,445 $409,445 $1,713,493 $1,304,048 $1,304,048 $409,445 $409,445 $1,713,493 98.100 -Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $1,304,048 $1,304,048 $1,304,048 State General Funds $1,304,048 $1,304,048 $1,304,048 TOTAL FEDERAL FUNDS $409,445 $409,445 $409,445 Federal Funds Not Itemized $409,445 $409,445 $409,445 TOTAL PUBLIC FUNDS $1,713,493 $1,713,493 $1,713,493 $1,304,048 $1,304,048 $409,445 $409,445 $1,713,493 Military Readiness Continuation Budget 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 State General Funds $5,176,545 $5,176,545 $5,176,545 $5,176,545 $5,176,545 $5,176,545 $5,176,545 $5,176,545 1978 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS $20,600,133 $20,600,133 $20,600,133 $20,600,133 Federal Funds Not Itemized $20,600,133 $20,600,133 $20,600,133 $20,600,133 TOTAL AGENCY FUNDS $816,341 $816,341 $816,341 $816,341 Reserved Fund Balances $2,500 $2,500 $2,500 $2,500 Reserved Fund Balances Not Itemized $2,500 $2,500 $2,500 $2,500 Interest and Investment Income $400 $400 $400 $400 Interest and Investment Income Not Itemized $400 $400 $400 $400 Royalties and Rents $151,022 $151,022 $151,022 $151,022 Royalties and Rents Not Itemized $151,022 $151,022 $151,022 $151,022 Sales and Services $662,419 $662,419 $662,419 $662,419 Sales and Services Not Itemized $662,419 $662,419 $662,419 $662,419 TOTAL PUBLIC FUNDS $26,593,019 $26,593,019 $26,593,019 $26,593,019 99.1 Increase funds to convert the Assistant Adjutant General positions for the Air and Army National Guard from part-time to full- time status. (H:Increase funds for one-quarter of the fiscal year) State General Funds $146,715 $73,358 $146,715 $146,715 99.100 -Military Readiness Appropriation (HB 989) 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 $5,323,260 $5,249,903 $5,323,260 $5,323,260 State General Funds $5,323,260 $5,249,903 $5,323,260 $5,323,260 TOTAL FEDERAL FUNDS $20,600,133 $20,600,133 $20,600,133 $20,600,133 Federal Funds Not Itemized $20,600,133 $20,600,133 $20,600,133 $20,600,133 TOTAL AGENCY FUNDS $816,341 $816,341 $816,341 $816,341 Reserved Fund Balances $2,500 $2,500 $2,500 $2,500 Reserved Fund Balances Not Itemized $2,500 $2,500 $2,500 $2,500 Interest and Investment Income $400 $400 $400 $400 Interest and Investment Income Not Itemized $400 $400 $400 $400 Royalties and Rents $151,022 $151,022 $151,022 $151,022 Royalties and Rents Not Itemized $151,022 $151,022 $151,022 $151,022 Sales and Services $662,419 $662,419 $662,419 $662,419 Sales and Services Not Itemized $662,419 $662,419 $662,419 $662,419 TOTAL PUBLIC FUNDS $26,739,734 $26,666,377 $26,739,734 $26,739,734 THURSDAY, MARCH 20, 2008 1979 Youth Educational Services Continuation Budget The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth in Georgia. TOTAL STATE FUNDS $4,863,705 $4,863,705 $4,863,705 $4,863,705 State General Funds $4,863,705 $4,863,705 $4,863,705 $4,863,705 TOTAL FEDERAL FUNDS $7,803,123 $7,803,123 $7,803,123 $7,803,123 Federal Funds Not Itemized $7,803,123 $7,803,123 $7,803,123 $7,803,123 TOTAL PUBLIC FUNDS $12,666,828 $12,666,828 $12,666,828 $12,666,828 100.100 -Youth Educational Services Appropriation (HB 989) The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth in Georgia. TOTAL STATE FUNDS $4,863,705 $4,863,705 $4,863,705 $4,863,705 State General Funds $4,863,705 $4,863,705 $4,863,705 $4,863,705 TOTAL FEDERAL FUNDS $7,803,123 $7,803,123 $7,803,123 $7,803,123 Federal Funds Not Itemized $7,803,123 $7,803,123 $7,803,123 $7,803,123 TOTAL PUBLIC FUNDS $12,666,828 $12,666,828 $12,666,828 $12,666,828 Section 19: Driver Services, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $61,420,009 $61,420,009 $61,420,009 $61,420,009 $721,456 $721,456 $721,456 $721,456 $62,141,465 $62,141,465 Section Total - Final $61,420,009 $61,420,009 $61,420,009 $61,420,009 $721,456 $721,456 $721,456 $721,456 $62,141,465 $62,141,465 $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 Customer Service Support Continuation Budget The purpose is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS State General Funds $9,156,848 $9,156,848 $9,156,848 $9,156,848 $9,156,848 $9,156,848 $9,156,848 $9,156,848 1980 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS $857 $857 $857 $857 Sales and Services $857 $857 $857 $857 Sales and Services Not Itemized $857 $857 $857 $857 TOTAL PUBLIC FUNDS $9,157,705 $9,157,705 $9,157,705 $9,157,705 101.100 -Customer Service Support Appropriation (HB 989) The purpose is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $9,156,848 $9,156,848 $9,156,848 $9,156,848 State General Funds $9,156,848 $9,156,848 $9,156,848 $9,156,848 TOTAL AGENCY FUNDS $857 $857 $857 $857 Sales and Services $857 $857 $857 $857 Sales and Services Not Itemized $857 $857 $857 $857 TOTAL PUBLIC FUNDS $9,157,705 $9,157,705 $9,157,705 $9,157,705 License Issuance Continuation Budget The purpose is for the issuance of Georgia drivers license renewals through alternative methods. TOTAL STATE FUNDS $47,881,921 $47,881,921 $47,881,921 State General Funds $47,881,921 $47,881,921 $47,881,921 TOTAL AGENCY FUNDS $205,251 $205,251 $205,251 Sales and Services $205,251 $205,251 $205,251 Sales and Services Not Itemized $205,251 $205,251 $205,251 TOTAL PUBLIC FUNDS $48,087,172 $48,087,172 $48,087,172 102.100 -License Issuance Appropriation (HB 989) The purpose is for the issuance of Georgia drivers license renewals through alternative methods. TOTAL STATE FUNDS $47,881,921 $47,881,921 $47,881,921 State General Funds $47,881,921 $47,881,921 $47,881,921 TOTAL AGENCY FUNDS $205,251 $205,251 $205,251 Sales and Services $205,251 $205,251 $205,251 Sales and Services Not Itemized $205,251 $205,251 $205,251 TOTAL PUBLIC FUNDS $48,087,172 $48,087,172 $48,087,172 $47,881,921 $47,881,921 $205,251 $205,251 $205,251 $48,087,172 $47,881,921 $47,881,921 $205,251 $205,251 $205,251 $48,087,172 Regulatory Compliance Continuation Budget 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. THURSDAY, MARCH 20, 2008 1981 TOTAL STATE FUNDS $4,381,240 $4,381,240 $4,381,240 $4,381,240 State General Funds $4,381,240 $4,381,240 $4,381,240 $4,381,240 TOTAL AGENCY FUNDS $515,348 $515,348 $515,348 $515,348 Sales and Services $515,348 $515,348 $515,348 $515,348 Sales and Services Not Itemized $515,348 $515,348 $515,348 $515,348 TOTAL PUBLIC FUNDS $4,896,588 $4,896,588 $4,896,588 $4,896,588 103.100 -Regulatory Compliance Appropriation (HB 989) 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 $4,381,240 $4,381,240 $4,381,240 $4,381,240 State General Funds $4,381,240 $4,381,240 $4,381,240 $4,381,240 TOTAL AGENCY FUNDS $515,348 $515,348 $515,348 $515,348 Sales and Services $515,348 $515,348 $515,348 $515,348 Sales and Services Not Itemized $515,348 $515,348 $515,348 $515,348 TOTAL PUBLIC FUNDS $4,896,588 $4,896,588 $4,896,588 $4,896,588 Section 20: Early Care and Learning, Department of TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Section Total - Continuation $329,443,829 $329,443,829 $4,586,483 $4,586,483 $324,857,346 $324,857,346 $121,706,679 $121,706,679 $23,252,809 $23,252,809 $98,453,870 $98,453,870 $155,000 $155,000 $155,000 $155,000 $451,305,508 $451,305,508 Section Total - Final $329,443,829 $329,443,829 $4,586,483 $4,586,483 $324,857,346 $324,857,346 $121,706,679 $121,706,679 $23,252,809 $23,252,809 $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 $98,453,870 $155,000 $155,000 $451,305,508 $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 $98,453,870 $155,000 $155,000 $451,305,508 $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 1982 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS $98,453,870 $155,000 $155,000 $451,305,508 $98,453,870 $155,000 $155,000 $451,305,508 $98,453,870 $155,000 $155,000 $451,305,508 $98,453,870 $155,000 $155,000 $451,305,508 Child Care Services Continuation Budget 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 $4,586,483 $4,586,483 $4,586,483 $4,586,483 State General Funds $4,586,483 $4,586,483 $4,586,483 $4,586,483 TOTAL FEDERAL FUNDS $3,668,710 $3,668,710 $3,668,710 $3,668,710 Child Care & Development Block Grant CFDA93.575 $3,668,710 $3,668,710 $3,668,710 $3,668,710 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 $8,410,193 $8,410,193 $8,410,193 $8,410,193 104.100 -Child Care Services Appropriation (HB 989) 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 $4,586,483 $4,586,483 $4,586,483 $4,586,483 State General Funds $4,586,483 $4,586,483 $4,586,483 $4,586,483 TOTAL FEDERAL FUNDS $3,668,710 $3,668,710 $3,668,710 $3,668,710 Child Care & Development Block Grant CFDA93.575 $3,668,710 $3,668,710 $3,668,710 $3,668,710 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 $8,410,193 $8,410,193 $8,410,193 $8,410,193 Nutrition Continuation Budget The purpose of this appropriation is to ensure that eligible children and adults receive USDA compliant meals. TOTAL STATE FUNDS TOTAL FEDERAL FUNDS Federal Funds Not Itemized $0 $98,000,000 $98,000,000 $0 $98,000,000 $98,000,000 $0 $98,000,000 $98,000,000 $0 $98,000,000 $98,000,000 THURSDAY, MARCH 20, 2008 1983 TOTAL PUBLIC FUNDS $98,000,000 $98,000,000 $98,000,000 105.100 -Nutrition Appropriation (HB 989) The purpose of this appropriation is to ensure that eligible children and adults receive USDA compliant meals. TOTAL FEDERAL FUNDS $98,000,000 $98,000,000 $98,000,000 Federal Funds Not Itemized $98,000,000 $98,000,000 $98,000,000 TOTAL PUBLIC FUNDS $98,000,000 $98,000,000 $98,000,000 $98,000,000 $98,000,000 $98,000,000 $98,000,000 Pre-Kindergarten Program Continuation Budget 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. This appropriation shall provide funds for no more than 77,775 Pre-K slots. TOTAL STATE FUNDS $324,857,346 $324,857,346 $324,857,346 $324,857,346 State General Funds $0 $0 $0 $0 Lottery Proceeds $324,857,346 $324,857,346 $324,857,346 $324,857,346 TOTAL FEDERAL FUNDS $667,823 $667,823 $667,823 $667,823 Child Care & Development Block Grant CFDA93.575 $213,953 $213,953 $213,953 $213,953 Federal Funds Not Itemized $453,870 $453,870 $453,870 $453,870 TOTAL PUBLIC FUNDS $325,525,169 $325,525,169 $325,525,169 $325,525,169 106.99 CC: 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. This appropriation shall provide funds for no more than 77,775 slots. Senate: 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, provided that lottery revenues are sufficient to cover current year expenditures. House: 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. Governor: 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. State General Funds $0 $0 $0 $0 106.100 -Pre-Kindergarten Program Appropriation (HB 989) 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. This appropriation shall provide funds for no more than 77,775 slots. TOTAL STATE FUNDS $324,857,346 $324,857,346 $324,857,346 $324,857,346 Lottery Proceeds $324,857,346 $324,857,346 $324,857,346 $324,857,346 1984 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $667,823 $213,953 $453,870 $325,525,169 $667,823 $213,953 $453,870 $325,525,169 $667,823 $213,953 $453,870 $325,525,169 $667,823 $213,953 $453,870 $325,525,169 Quality Initiatives Continuation Budget 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 STATE FUNDS $0 $0 $0 $0 TOTAL FEDERAL FUNDS $19,370,146 $19,370,146 $19,370,146 $19,370,146 Child Care & Development Block Grant CFDA93.575 $19,370,146 $19,370,146 $19,370,146 $19,370,146 TOTAL PUBLIC FUNDS $19,370,146 $19,370,146 $19,370,146 $19,370,146 107.100 -Quality Initiatives Appropriation (HB 989) 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 $19,370,146 $19,370,146 $19,370,146 $19,370,146 Child Care & Development Block Grant CFDA93.575 $19,370,146 $19,370,146 $19,370,146 $19,370,146 TOTAL PUBLIC FUNDS $19,370,146 $19,370,146 $19,370,146 $19,370,146 Section 21: Economic Development, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TOTAL PUBLIC FUNDS Section Total - Continuation $49,522,812 $49,522,812 $20,244 $20,244 $49,543,056 $49,522,812 $49,522,812 $20,244 $20,244 $49,543,056 $49,522,812 $49,522,812 $20,244 $20,244 $49,543,056 $49,522,812 $49,522,812 $20,244 $20,244 $49,543,056 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TOTAL PUBLIC FUNDS Section Total - Final $49,522,812 $44,707,812 $49,522,812 $44,707,812 $20,244 $20,244 $20,244 $20,244 $49,543,056 $44,728,056 $47,022,812 $47,022,812 $20,244 $20,244 $47,043,056 $46,422,812 $46,422,812 $20,244 $20,244 $46,443,056 THURSDAY, MARCH 20, 2008 1985 Business Recruitment and Expansion Continuation Budget 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 $13,403,644 $13,403,644 $13,403,644 $13,403,644 State General Funds $13,403,644 $13,403,644 $13,403,644 $13,403,644 TOTAL PUBLIC FUNDS $13,403,644 $13,403,644 $13,403,644 $13,403,644 108.1 Reduce one-time funds received by the City of Gainesville for the Georgia Mountain Center parking deck demolition and renovation. State General Funds ($2,000,000) ($2,000,000) ($2,000,000) 108.100 -Business Recruitment and Expansion Appropriation (HB 989) 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 $13,403,644 $11,403,644 $11,403,644 $11,403,644 State General Funds $13,403,644 $11,403,644 $11,403,644 $11,403,644 TOTAL PUBLIC FUNDS $13,403,644 $11,403,644 $11,403,644 $11,403,644 Departmental Administration Continuation Budget 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 $6,626,634 $6,626,634 $6,626,634 $6,626,634 State General Funds $6,626,634 $6,626,634 $6,626,634 $6,626,634 TOTAL PUBLIC FUNDS $6,626,634 $6,626,634 $6,626,634 $6,626,634 109.100 -Departmental Administration Appropriation (HB 989) 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 $6,626,634 $6,626,634 $6,626,634 $6,626,634 State General Funds $6,626,634 $6,626,634 $6,626,634 $6,626,634 TOTAL PUBLIC FUNDS $6,626,634 $6,626,634 $6,626,634 $6,626,634 Film, Video, and Music Continuation Budget 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 $1,209,137 $1,209,137 $1,209,137 $1,209,137 1986 JOURNAL OF THE SENATE State General Funds $1,209,137 $1,209,137 $1,209,137 $1,209,137 TOTAL PUBLIC FUNDS $1,209,137 $1,209,137 $1,209,137 $1,209,137 110.100 -Film, Video, and Music Appropriation (HB 989) 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 $1,209,137 $1,209,137 $1,209,137 $1,209,137 State General Funds $1,209,137 $1,209,137 $1,209,137 $1,209,137 TOTAL PUBLIC FUNDS $1,209,137 $1,209,137 $1,209,137 $1,209,137 International Relations and Trade Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 111.1 Increase funds for international business outreach. $2,358,416 $2,358,416 $2,358,416 $2,358,416 $2,358,416 $2,358,416 $2,358,416 $2,358,416 $2,358,416 $2,358,416 $2,358,416 $2,358,416 State General Funds $2,000,000 $1,400,000 111.100 -International Relations and Trade Appropriation (HB 989) 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 $2,358,416 $2,358,416 $4,358,416 $3,758,416 State General Funds $2,358,416 $2,358,416 $4,358,416 $3,758,416 TOTAL PUBLIC FUNDS $2,358,416 $2,358,416 $4,358,416 $3,758,416 Innovation and Technology Continuation Budget 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 $1,710,270 $1,710,270 $1,710,270 $1,710,270 State General Funds $1,710,270 $1,710,270 $1,710,270 $1,710,270 TOTAL PUBLIC FUNDS $1,710,270 $1,710,270 $1,710,270 $1,710,270 112.100 -Innovation and Technology Appropriation (HB 989) The purpose of this appropriation is to lead in the recruitment, growth, and marketing of the life sciences and technology industries in Georgia. THURSDAY, MARCH 20, 2008 1987 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 Small and Minority Business Development Continuation Budget 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 $942,780 $942,780 $942,780 $942,780 State General Funds $942,780 $942,780 $942,780 $942,780 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 $963,024 $963,024 $963,024 $963,024 113.100 -Small and Minority Business Development Appropriation (HB 989) 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 $942,780 $942,780 $942,780 $942,780 State General Funds $942,780 $942,780 $942,780 $942,780 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 $963,024 $963,024 $963,024 $963,024 Tourism Continuation Budget The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. TOTAL STATE FUNDS $21,129,409 $21,129,409 State General Funds $21,129,409 $21,129,409 TOTAL PUBLIC FUNDS $21,129,409 $21,129,409 114.1 Reduce one-time funds received for the Cobb Energy Performing Arts Center. $21,129,409 $21,129,409 $21,129,409 $21,129,409 $21,129,409 $21,129,409 State General Funds ($2,500,000) ($2,500,000) ($2,500,000) 114.2 Reduce one-time funds received for Civil War commemoration preparation and Resaca Battlefield development. (CC: Approve redirection of funds for Chattahoochee Nature Center) 1988 JOURNAL OF THE SENATE State General Funds ($315,000) $0 $0 114.100 -Tourism Appropriation (HB 989) The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. TOTAL STATE FUNDS $21,129,409 $18,314,409 $18,629,409 $18,629,409 State General Funds $21,129,409 $18,314,409 $18,629,409 $18,629,409 TOTAL PUBLIC FUNDS $21,129,409 $18,314,409 $18,629,409 $18,629,409 Payments to Aviation Hall of Fame Continuation Budget The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame. 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 $50,000 115.99 CC: The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame. House: 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. State General Funds $0 $0 115.100 -Payments to Aviation Hall of Fame Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame. 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 Georgia Medical Center Authority Continuation Budget The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority. TOTAL STATE FUNDS $408,712 $408,712 $408,712 State General Funds $408,712 $408,712 $408,712 TOTAL PUBLIC FUNDS $408,712 $408,712 $408,712 117.100 -Payments to Georgia Medical Center Authority Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority. TOTAL STATE FUNDS $408,712 $408,712 $408,712 State General Funds $408,712 $408,712 $408,712 $408,712 $408,712 $408,712 $408,712 $408,712 THURSDAY, MARCH 20, 2008 1989 TOTAL PUBLIC FUNDS $408,712 $408,712 $408,712 $408,712 Payments to Georgia Music Hall of Fame Authority Continuation Budget The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame. TOTAL STATE FUNDS $840,466 $840,466 $840,466 State General Funds $840,466 $840,466 $840,466 TOTAL PUBLIC FUNDS $840,466 $840,466 $840,466 118.99 CC: The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame. House: The purpose of this appropriation is to preserve Georgia's rich musical heritage. State General Funds $0 118.100 -Payments to Georgia Music Hall of Fame Authority Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame. TOTAL STATE FUNDS $840,466 $840,466 $840,466 State General Funds $840,466 $840,466 $840,466 TOTAL PUBLIC FUNDS $840,466 $840,466 $840,466 $840,466 $840,466 $840,466 $0 $840,466 $840,466 $840,466 Payments to Georgia Sports Hall of Fame Authority Continuation Budget The purpose of this appropriation is to provide operating funds for the Georgia Sports Hall of Fame. TOTAL STATE FUNDS $793,344 $793,344 $793,344 State General Funds $793,344 $793,344 $793,344 TOTAL PUBLIC FUNDS $793,344 $793,344 $793,344 119.99 CC: The purpose of this appropriation is to provide operating funds for the Georgia Sports Hall of Fame. House: The purpose of this appropriation is to collect, preserve and interpret the history of sports in Georgia. State General Funds $0 119.100 -Payments to Georgia Sports Hall of Fame Authority Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for the Georgia Sports Hall of Fame. TOTAL STATE FUNDS $793,344 $793,344 $793,344 State General Funds $793,344 $793,344 $793,344 TOTAL PUBLIC FUNDS $793,344 $793,344 $793,344 $793,344 $793,344 $793,344 $0 $793,344 $793,344 $793,344 Civil War Commission Continuation Budget 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 1990 JOURNAL OF THE SENATE 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 $50,000 120.100 -Civil War Commission Appropriation (HB 989) 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 $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 Section 22: Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Section Total - Continuation $7,806,980,808 $7,806,980,808 $7,806,980,808 $7,806,980,808 $1,121,650,747 $1,121,650,747 $1,121,650,747 $1,121,650,747 $12,391,307 $12,391,307 $3,489,938 $3,489,938 $2,344,991 $2,344,991 $6,299,351 $6,299,351 $257,027 $257,027 $8,941,022,862 $8,941,022,862 Section Total - Final $7,995,385,224 $8,001,197,390 $7,806,980,808 $7,812,792,974 $188,404,416 $188,404,416 $1,121,650,747 $1,121,650,747 $1,121,650,747 $1,121,650,747 $12,391,307 $12,391,307 $3,489,938 $3,489,938 $2,344,991 $2,344,991 $7,806,980,808 $7,806,980,808 $1,121,650,747 $1,121,650,747 $12,391,307 $3,489,938 $2,344,991 $6,299,351 $257,027 $8,941,022,862 $7,928,080,003 $7,739,675,587 $188,404,416 $1,121,650,747 $1,121,650,747 $12,391,307 $3,489,938 $2,344,991 $7,806,980,808 $7,806,980,808 $1,121,650,747 $1,121,650,747 $12,391,307 $3,489,938 $2,344,991 $6,299,351 $257,027 $8,941,022,862 $7,973,900,641 $7,803,450,721 $170,449,920 $1,121,650,747 $1,121,650,747 $12,391,307 $3,489,938 $2,344,991 THURSDAY, MARCH 20, 2008 1991 Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS $6,299,351 $6,299,351 $6,299,351 $6,299,351 $257,027 $257,027 $257,027 $257,027 $9,129,427,278 $9,135,239,444 $9,062,122,057 $9,107,942,695 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 $5,705,944 $5,705,944 State General Funds $5,705,944 $5,705,944 TOTAL PUBLIC FUNDS $5,705,944 $5,705,944 121.1 Reduce funds based on projected expenditures for nineteen academic coaches. $5,705,944 $5,705,944 $5,705,944 $5,705,944 $5,705,944 $5,705,944 State General Funds ($1,111,752) ($1,111,752) ($1,111,752) 121.99 CC: The purpose of this appropriation 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 and provide mentors to work with teachers of identified schools who are in need of improvement in science. State General Funds $0 121.100 -Academic Coach Program Appropriation (HB 989) The purpose of this appropriation 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 and provide mentors to work with teachers of identified schools who are in need of improvement in science. TOTAL STATE FUNDS $5,705,944 $4,594,192 $4,594,192 $4,594,192 State General Funds $5,705,944 $4,594,192 $4,594,192 $4,594,192 TOTAL PUBLIC FUNDS $5,705,944 $4,594,192 $4,594,192 $4,594,192 Agricultural Education Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers $9,568,762 $9,568,762 $126,577 $126,577 $450,000 $450,000 $9,568,762 $9,568,762 $126,577 $126,577 $450,000 $450,000 $9,568,762 $9,568,762 $126,577 $126,577 $450,000 $450,000 $9,568,762 $9,568,762 $126,577 $126,577 $450,000 $450,000 1992 JOURNAL OF THE SENATE Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 122.1 Increase funds for the Youth Camp sewer project. $450,000 $10,145,339 $450,000 $10,145,339 $450,000 $10,145,339 $450,000 $10,145,339 State General Funds $294,000 122.100 -Agricultural Education Appropriation (HB 989) 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 $9,568,762 $9,568,762 $9,568,762 $9,862,762 State General Funds $9,568,762 $9,568,762 $9,568,762 $9,862,762 TOTAL FEDERAL FUNDS $126,577 $126,577 $126,577 $126,577 Federal Funds Not Itemized $126,577 $126,577 $126,577 $126,577 TOTAL AGENCY FUNDS $450,000 $450,000 $450,000 $450,000 Intergovernmental Transfers $450,000 $450,000 $450,000 $450,000 Intergovernmental Transfers Not Itemized $450,000 $450,000 $450,000 $450,000 TOTAL PUBLIC FUNDS $10,145,339 $10,145,339 $10,145,339 $10,439,339 Central Office Continuation Budget The purpose of this appropriation is to act as a service oriented agency supporting local school districts. TOTAL STATE FUNDS $41,552,152 $41,552,152 State General Funds $41,552,152 $41,552,152 TOTAL FEDERAL FUNDS $38,180,833 $38,180,833 Federal Funds Not Itemized $38,180,833 $38,180,833 TOTAL AGENCY FUNDS $6,899,025 $6,899,025 Contributions, Donations, and Forfeitures $3,389,938 $3,389,938 Contributions, Donations, and Forfeitures Not Itemized $3,389,938 $3,389,938 Reserved Fund Balances $2,344,991 $2,344,991 Reserved Fund Balances Not Itemized $2,344,991 $2,344,991 Intergovernmental Transfers $1,011,224 $1,011,224 Intergovernmental Transfers Not Itemized $1,011,224 $1,011,224 Sales and Services $152,872 $152,872 Sales and Services Not Itemized $152,872 $152,872 TOTAL PUBLIC FUNDS $86,632,010 $86,632,010 123.1 Transfer funds from teacher liability premiums to the Georgia Virtual School program. $41,552,152 $41,552,152 $38,180,833 $38,180,833 $6,899,025 $3,389,938 $3,389,938 $2,344,991 $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 $86,632,010 $41,552,152 $41,552,152 $38,180,833 $38,180,833 $6,899,025 $3,389,938 $3,389,938 $2,344,991 $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 $86,632,010 THURSDAY, MARCH 20, 2008 1993 State General Funds ($300,000) ($300,000) ($300,000) 123.100 -Central Office Appropriation (HB 989) The purpose of this appropriation is to act as a service oriented agency supporting local school districts. TOTAL STATE FUNDS $41,252,152 $41,252,152 $41,252,152 State General Funds $41,252,152 $41,252,152 $41,252,152 TOTAL FEDERAL FUNDS $38,180,833 $38,180,833 $38,180,833 Federal Funds Not Itemized $38,180,833 $38,180,833 $38,180,833 TOTAL AGENCY FUNDS $6,899,025 $6,899,025 $6,899,025 Contributions, Donations, and Forfeitures $3,389,938 $3,389,938 $3,389,938 Contributions, Donations, and Forfeitures Not Itemized $3,389,938 $3,389,938 $3,389,938 Reserved Fund Balances $2,344,991 $2,344,991 $2,344,991 Reserved Fund Balances Not Itemized $2,344,991 $2,344,991 $2,344,991 Intergovernmental Transfers $1,011,224 $1,011,224 $1,011,224 Intergovernmental Transfers Not Itemized $1,011,224 $1,011,224 $1,011,224 Sales and Services $152,872 $152,872 $152,872 Sales and Services Not Itemized $152,872 $152,872 $152,872 TOTAL PUBLIC FUNDS $86,332,010 $86,332,010 $86,332,010 ($300,000) $41,252,152 $41,252,152 $38,180,833 $38,180,833 $6,899,025 $3,389,938 $3,389,938 $2,344,991 $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 $86,332,010 Charter Schools Continuation Budget The purpose of this appropriation is to support and encourage development and approval of charter public schools as one part of Georgia's overall school improvement strategy, provided that at least $600,000 of this appropriation is designated to fund facilities for State Chartered Special Schools and $625,000 is designated for implementation grants for Charter Systems. TOTAL STATE FUNDS $3,220,193 $3,220,193 $3,220,193 $3,220,193 State General Funds $3,220,193 $3,220,193 $3,220,193 $3,220,193 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 $9,949,904 $9,949,904 $9,949,904 $9,949,904 124.1 Increase funds for an additional 2,265 students at the state's virtual charter school. (H and S:Provide full funding for the virtual charter school in the QBE program) Revenue Shortfall Reserve for K-12 Needs $6,373,221 $0 $0 $0 124.99 CC: The purpose of this appropriation is to support and encourage development and approval of charter public schools, to include state charter schools, as one part of Georgia's overall school improvement strategy. Senate: The purpose of this appropriation is to support and encourage development and approval of charter public schools, to include 1994 JOURNAL OF THE SENATE state charter schools, as one part of Georgia's overall school improvement strategy. House: The purpose of this appropriation is to support and encourage development and approval of charter public schools as one part of Georgia's overall school improvement strategy, provided that at least $600,000 of this appropriation is designated to fund facilities for State Chartered Special Schools and $625,000 is designated for implementation grants for Charter Systems. Governor: The purpose of this appropriation is to support and encourage development and approval of charter public schools as one part of Georgia's overall school improvement strategy. State General Funds $0 $0 $0 $0 124.100 -Charter Schools Appropriation (HB 989) The purpose of this appropriation is to support and encourage development and approval of charter public schools, to include state charter schools, as one part of Georgia's overall school improvement strategy. TOTAL STATE FUNDS $9,593,414 $3,220,193 $3,220,193 $3,220,193 State General Funds $3,220,193 $3,220,193 $3,220,193 $3,220,193 Revenue Shortfall Reserve for K-12 Needs $6,373,221 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 $16,323,125 $9,949,904 $9,949,904 $9,949,904 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 $2,445,623 $2,445,623 $2,445,623 $2,445,623 State General Funds $2,445,623 $2,445,623 $2,445,623 $2,445,623 TOTAL PUBLIC FUNDS $2,445,623 $2,445,623 $2,445,623 $2,445,623 125.100 -Communities in Schools Appropriation (HB 989) 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 $2,445,623 $2,445,623 $2,445,623 $2,445,623 State General Funds $2,445,623 $2,445,623 $2,445,623 $2,445,623 TOTAL PUBLIC FUNDS $2,445,623 $2,445,623 $2,445,623 $2,445,623 Curriculum Development Continuation Budget 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. THURSDAY, MARCH 20, 2008 1995 TOTAL STATE FUNDS $2,274,833 $2,274,833 $2,274,833 $2,274,833 State General Funds $2,274,833 $2,274,833 $2,274,833 $2,274,833 TOTAL PUBLIC FUNDS $2,274,833 $2,274,833 $2,274,833 $2,274,833 126.100 -Curriculum Development Appropriation (HB 989) 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 $2,274,833 $2,274,833 $2,274,833 $2,274,833 State General Funds $2,274,833 $2,274,833 $2,274,833 $2,274,833 TOTAL PUBLIC FUNDS $2,274,833 $2,274,833 $2,274,833 $2,274,833 Dropout Prevention Continuation Budget The purpose of this appropriation is to reduce dropout rates for Georgia students. TOTAL STATE FUNDS $45,452,845 State General Funds $45,452,845 TOTAL PUBLIC FUNDS $45,452,845 127.1 Reduce funds from the Jr. Reserve Officer Training Corps grants. $45,452,845 $45,452,845 $45,452,845 State General Funds 127.2 Reduce funds received for the online tutorial. State General Funds $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 ($240,000) ($750,000) 127.100 -Dropout Prevention Appropriation (HB 989) The purpose of this appropriation is to reduce dropout rates for Georgia students. TOTAL STATE FUNDS $45,452,845 $45,452,845 $45,452,845 State General Funds $45,452,845 $45,452,845 $45,452,845 TOTAL PUBLIC FUNDS $45,452,845 $45,452,845 $45,452,845 $44,462,845 $44,462,845 $44,462,845 Federal Programs Continuation Budget The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems. TOTAL STATE FUNDS TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $0 $817,561,039 $817,561,039 $817,561,039 $0 $817,561,039 $817,561,039 $817,561,039 $0 $817,561,039 $817,561,039 $817,561,039 $0 $817,561,039 $817,561,039 $817,561,039 1996 JOURNAL OF THE SENATE 128.100 -Federal Programs Appropriation (HB 989) The purpose of this appropriation is to coordinate federally funded programs and allocate 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 purpose of this appropriation is to provide funds to 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 $1,590,857 129.1 Reduce funds received for foreign language media materials for elementary school students statewide. Direct the Department to develop a statewide strategy for achieving student mastery of foreign languages in early grades. Such strategy should include an examination of the impact of moving foreign language teachers from high schools to elementary schools. State General Funds ($1,590,857) 129.100 -Foreign Language Appropriation (HB 989) The purpose of this appropriation is to provide funds to 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 ($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 STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 TOTAL FEDERAL FUNDS $7,367,573 $7,367,573 $7,367,573 $7,367,573 Federal Funds Not Itemized $7,367,573 $7,367,573 $7,367,573 $7,367,573 TOTAL PUBLIC FUNDS $7,367,573 $7,367,573 $7,367,573 $7,367,573 131.100 -Georgia Learning Resources System Appropriation (HB 989) 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 $7,367,573 $7,367,573 $7,367,573 $7,367,573 THURSDAY, MARCH 20, 2008 1997 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $7,367,573 $7,367,573 $7,367,573 $7,367,573 $7,367,573 $7,367,573 $7,367,573 $7,367,573 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 $2,198,878 $2,198,878 $2,198,878 $2,198,878 State General Funds $2,198,878 $2,198,878 $2,198,878 $2,198,878 TOTAL PUBLIC FUNDS $2,198,878 $2,198,878 $2,198,878 $2,198,878 132.1 Transfer funds from the Central Office and Non Quality Basic Education Formula Grants programs, and increase funds to provide a total of 5,000 courses. (H and S:Increase funds for an additional 1,165 slots based on actual enrollment) State General Funds $630,000 $630,000 $630,000 $630,000 Revenue Shortfall Reserve for K-12 Needs $271,746 $994,745 $994,745 $994,745 TOTAL PUBLIC FUNDS $901,746 $1,624,745 $1,624,745 $1,624,745 132.100 -Georgia Virtual School Appropriation (HB 989) 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 $3,100,624 $3,823,623 $3,823,623 $3,823,623 State General Funds $2,828,878 $2,828,878 $2,828,878 $2,828,878 Revenue Shortfall Reserve for K-12 Needs $271,746 $994,745 $994,745 $994,745 TOTAL PUBLIC FUNDS $3,100,624 $3,823,623 $3,823,623 $3,823,623 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 $500,000 $500,000 $500,000 $500,000 State General Funds $500,000 $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $500,000 $500,000 $500,000 $500,000 133.100 -Georgia Youth Science and Technology Appropriation (HB 989) 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 $500,000 $500,000 $500,000 $500,000 State General Funds $500,000 $500,000 $500,000 $500,000 1998 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $500,000 $500,000 $500,000 $500,000 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 $1,430,824 $1,430,824 $1,430,824 $1,430,824 State General Funds $1,430,824 $1,430,824 $1,430,824 $1,430,824 TOTAL PUBLIC FUNDS $1,430,824 $1,430,824 $1,430,824 $1,430,824 134.100 -Governor's Honors Program Appropriation (HB 989) 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 $1,430,824 $1,430,824 $1,430,824 $1,430,824 State General Funds $1,430,824 $1,430,824 $1,430,824 $1,430,824 TOTAL PUBLIC FUNDS $1,430,824 $1,430,824 $1,430,824 $1,430,824 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 $7,417,319 $7,417,319 $7,417,319 $7,417,319 State General Funds $7,417,319 $7,417,319 $7,417,319 $7,417,319 TOTAL PUBLIC FUNDS $7,417,319 $7,417,319 $7,417,319 $7,417,319 135.100 -Information Technology Services Appropriation (HB 989) 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 $7,417,319 $7,417,319 $7,417,319 $7,417,319 State General Funds $7,417,319 $7,417,319 $7,417,319 $7,417,319 TOTAL PUBLIC FUNDS $7,417,319 $7,417,319 $7,417,319 $7,417,319 National Board Certification Continuation Budget 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). TOTAL STATE FUNDS State General Funds $12,294,628 $12,294,628 $12,294,628 $12,294,628 $12,294,628 $12,294,628 $12,294,628 $12,294,628 THURSDAY, MARCH 20, 2008 1999 TOTAL PUBLIC FUNDS $12,294,628 $12,294,628 $12,294,628 $12,294,628 136.1 Increase funds to provide a 10% salary increase for new teachers achieving National Board Certification. Revenue Shortfall Reserve for K-12 Needs $1,137,180 $1,137,180 $1,137,180 $1,137,180 136.100 -National Board Certification Appropriation (HB 989) 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). TOTAL STATE FUNDS $13,431,808 $13,431,808 $13,431,808 $13,431,808 State General Funds $12,294,628 $12,294,628 $12,294,628 $12,294,628 Revenue Shortfall Reserve for K-12 Needs $1,137,180 $1,137,180 $1,137,180 $1,137,180 TOTAL PUBLIC FUNDS $13,431,808 $13,431,808 $13,431,808 $13,431,808 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 $1,416,750 137.100 -National Science Center and Foundation Appropriation (HB 989) 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 appropriation is to provide grants for purchasing cards for classroom supplies, to fund children in residential education facilities, to compensate high performance principals, to fund migrant education, sparsity, and low incidence special education, and provide grants for one-time projects for local education boards. TOTAL STATE FUNDS $25,638,421 $25,638,421 State General Funds $25,638,421 $25,638,421 TOTAL PUBLIC FUNDS $25,638,421 $25,638,421 138.1 Transfer funds from High Performance Principals to the Georgia Virtual School program. $25,638,421 $25,638,421 $25,638,421 $25,638,421 $25,638,421 $25,638,421 State General Funds ($330,000) ($330,000) ($330,000) ($330,000) 2000 JOURNAL OF THE SENATE 138.2 Increase funds to provide an additional $25.11 per full-time equivalent (FTE) for equipment and technology infrastructure upgrades. (S:Move funds to the Quality Basic Education (QBE) Program) Revenue Shortfall Reserve for K-12 Needs $40,817,363 $40,817,363 $0 $0 138.3 Reduce funds from classroom cards based on actual expenditures. State General Funds ($348,747) ($348,747) ($348,747) 138.99 CC: The purpose of this appropriation is to provide grants for purchasing cards for classroom supplies, to fund children in residential education facilities, to compensate high performance principals, to fund migrant education, sparsity, and low incidence special education, and to provide grants for one-time projects for local education boards. Senate: The purpose of this appropriation is to provide grants for purchasing cards for classroom supplies, to fund children in residential education facilities, to compensate high performance principals, to fund migrant education, sparsity, and low incidence special education, and to provide grants for one-time projects for local education boards. House: The purpose of this appropriation is to provide grants for purchasing cards for classroom supplies, to fund children in residential education facilities, to compensate high performance principals, to fund migrant education, sparsity, and low incidence special education, and provide grants for one-time projects for local education boards. Governor: The purpose of this appropriation is to assure that sufficient funds are provided in order for the state's public school students to receive an effective education. State General Funds $0 $0 $0 $0 138.100 -Non Quality Basic Education Formula Grants Appropriation (HB 989) The purpose of this appropriation is to provide grants for purchasing cards for classroom supplies, to fund children in residential education facilities, to compensate high performance principals, to fund migrant education, sparsity, and low incidence special education, and to provide grants for one-time projects for local education boards. TOTAL STATE FUNDS $66,125,784 $65,777,037 $24,959,674 $24,959,674 State General Funds $25,308,421 $24,959,674 $24,959,674 $24,959,674 Revenue Shortfall Reserve for K-12 Needs $40,817,363 $40,817,363 TOTAL PUBLIC FUNDS $66,125,784 $65,777,037 $24,959,674 $24,959,674 Nutrition Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS $38,744,387 $38,744,387 $188,375,722 $38,744,387 $38,744,387 $188,375,722 $38,744,387 $38,744,387 $188,375,722 $38,744,387 $38,744,387 $188,375,722 THURSDAY, MARCH 20, 2008 2001 Federal Funds Not Itemized $188,375,722 $188,375,722 $188,375,722 $188,375,722 TOTAL PUBLIC FUNDS $227,120,109 $227,120,109 $227,120,109 $227,120,109 139.100 -Nutrition Appropriation (HB 989) 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 $38,744,387 $38,744,387 $38,744,387 $38,744,387 State General Funds $38,744,387 $38,744,387 $38,744,387 $38,744,387 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 $227,120,109 $227,120,109 $227,120,109 $227,120,109 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 $29,135,155 $29,135,155 $29,135,155 $29,135,155 State General Funds $29,135,155 $29,135,155 $29,135,155 $29,135,155 TOTAL PUBLIC FUNDS $29,135,155 $29,135,155 $29,135,155 $29,135,155 140.100 -Preschool Handicapped Appropriation (HB 989) 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 $29,135,155 $29,135,155 $29,135,155 $29,135,155 State General Funds $29,135,155 $29,135,155 $29,135,155 $29,135,155 TOTAL PUBLIC FUNDS $29,135,155 $29,135,155 $29,135,155 $29,135,155 Pupil Transportation Continuation Budget 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 $168,868,769 $168,868,769 $168,868,769 $168,868,769 State General Funds $168,868,769 $168,868,769 $168,868,769 $168,868,769 TOTAL PUBLIC FUNDS $168,868,769 $168,868,769 $168,868,769 $168,868,769 142.1 Increase funds to purchase 557 school buses. (H:Fund 500 buses at $50,000 per bus in bonds)(S:Move funds to the Quality Basic Education (QBE) Program)(CC:NO) Revenue Shortfall Reserve for K-12 Needs $25,000,000 $0 $0 $0 142.100 -Pupil Transportation Appropriation (HB 989) The purpose of this appropriation is to assist local school systems in their efforts to provide safe and efficient transportation for 2002 JOURNAL OF THE SENATE students to and from school, and school related activities. TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs TOTAL PUBLIC FUNDS $193,868,769 $168,868,769 $25,000,000 $193,868,769 $168,868,769 $168,868,769 $168,868,769 $168,868,769 $168,868,769 $168,868,769 $168,868,769 $168,868,769 $168,868,769 142.101 Special Project - Pupil Transportation: Provide one-time funding of $25,000,000 derived from the sale of 10-year General Obligation Bonds as shown in Section 49 for the specific purpose of purchasing 500 new school buses with an allocation of 1 bus for each of the 3 state schools and 1 bus per school system. The remaining buses shall be allocated based on school system wealth rankings and route miles with no funding provided to school systems without a pupil transportation program or for school systems with 30% or more of the bus fleet replaced in Fiscal Year 2007. (CC:NO) State General Funds $0 $0 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 State General Funds TOTAL PUBLIC FUNDS 143.1 Increase funds for the mid-term adjustment. $458,323,816 $458,323,816 $458,323,816 $458,323,816 $458,323,816 $458,323,816 $458,323,816 $458,323,816 $458,323,816 $458,323,816 $458,323,816 $458,323,816 Revenue Shortfall Reserve for K-12 Needs $7,455,432 $7,455,432 $7,455,432 $7,455,432 143.2 Increase funds for a supplemental equalization grant to narrow the gap (per pupil and spending) between school systems to avoid a funding shortfall in FY09 and ensure compliance with O.C.G.A. 20-2-165. (S:Move $23,436,502 to the Quality Basic Education (QBE) Program and $7,272,665 to offset debt service requirements for the purpose of reducing the QBE austerity reduction in FY09) State General Funds $7,272,665 $0 $1,417,269 Revenue Shortfall Reserve for K-12 Needs $23,436,502 $0 $18,582,731 TOTAL PUBLIC FUNDS $30,709,167 $0 $20,000,000 143.100 -Quality Basic Education Equalization Appropriation (HB 989) 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 $465,779,248 $496,488,415 $465,779,248 $485,779,248 State General Funds $458,323,816 $465,596,481 $458,323,816 $459,741,085 THURSDAY, MARCH 20, 2008 2003 Revenue Shortfall Reserve for K-12 Needs TOTAL PUBLIC FUNDS $7,455,432 $30,891,934 $7,455,432 $465,779,248 $496,488,415 $465,779,248 $26,038,163 $485,779,248 Quality Basic Education Local Five Mill Share Continuation Budget 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 ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) State General Funds ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) TOTAL PUBLIC FUNDS ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) 144.1 Increase funds for school systems with declining tax digests. Revenue Shortfall Reserve for K-12 Needs $578,941 $578,941 $578,941 $578,941 144.100 -Quality Basic Education Local Five Mill Share Appropriation (HB 989) 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 ($1,542,897,546) ($1,542,897,546) ($1,542,897,546) ($1,542,897,546) State General Funds ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) Revenue Shortfall Reserve for K-12 Needs $578,941 $578,941 $578,941 $578,941 TOTAL PUBLIC FUNDS ($1,542,897,546) ($1,542,897,546) ($1,542,897,546) ($1,542,897,546) Quality Basic Education Program Continuation Budget 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 $8,017,517,757 $8,017,517,757 $8,017,517,757 $8,017,517,757 State General Funds $8,017,517,757 $8,017,517,757 $8,017,517,757 $8,017,517,757 TOTAL PUBLIC FUNDS $8,017,517,757 $8,017,517,757 $8,017,517,757 $8,017,517,757 145.1 Increase funds for the mid-term adjustment to account for an enrollment growth of 1.09%. (H:Recognize 2,265 virtual charter school students within the QBE formula and increase funds for the mid-term adjustment to account for an enrollment growth of 1.23%)(S:Recognize 2,265 virtual charter school students within the QBE formula and increase funds for the mid-term adjustment to account for an enrollment growth of 1.23%, and move state general funds to offset debt service requirements for the purpose of reducing the QBE austerity reduction in FY09)(CC:Reflect error in data) State General Funds ($64,253,865) $0 Revenue Shortfall Reserve for K-12 Needs $104,507,058 $111,720,778 $175,974,643 $109,091,946 TOTAL PUBLIC FUNDS $111,720,778 $109,091,946 145.100 -Quality Basic Education Program Appropriation (HB 989) The purpose of this appropriation is to provide funds to school systems for the instruction of students in grades K-12 to ensure that 2004 JOURNAL OF THE SENATE Georgia's K-12 students are academically prepared for further education and the workplace. TOTAL STATE FUNDS $8,122,024,815 $8,129,238,535 State General Funds $8,017,517,757 $8,017,517,757 Revenue Shortfall Reserve for K-12 Needs $104,507,058 $111,720,778 TOTAL PUBLIC FUNDS $8,122,024,815 $8,129,238,535 $8,129,238,535 $7,953,263,892 $175,974,643 $8,129,238,535 $8,126,609,703 $8,017,517,757 $109,091,946 $8,126,609,703 Regional Education Service Agencies Continuation Budget 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 $12,458,083 $12,458,083 $12,458,083 $12,458,083 State General Funds $12,458,083 $12,458,083 $12,458,083 $12,458,083 TOTAL PUBLIC FUNDS $12,458,083 $12,458,083 $12,458,083 $12,458,083 146.100 -Regional Education Service Agencies Appropriation (HB 989) 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 $12,458,083 $12,458,083 $12,458,083 $12,458,083 State General Funds $12,458,083 $12,458,083 $12,458,083 $12,458,083 TOTAL PUBLIC FUNDS $12,458,083 $12,458,083 $12,458,083 $12,458,083 School Improvement Continuation Budget 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 $11,212,332 $11,212,332 $11,212,332 $11,212,332 State General Funds $11,212,332 $11,212,332 $11,212,332 $11,212,332 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 $11,312,332 $11,312,332 $11,312,332 $11,312,332 147.100 -School Improvement Appropriation (HB 989) 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. THURSDAY, MARCH 20, 2008 2005 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $11,212,332 $11,212,332 $100,000 $100,000 $100,000 $11,312,332 $11,212,332 $11,212,332 $100,000 $100,000 $100,000 $11,312,332 $11,212,332 $11,212,332 $100,000 $100,000 $100,000 $11,312,332 $11,212,332 $11,212,332 $100,000 $100,000 $100,000 $11,312,332 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 $30,000,000 $30,000,000 $30,000,000 $30,000,000 State General Funds $30,000,000 $30,000,000 $30,000,000 $30,000,000 TOTAL PUBLIC FUNDS $30,000,000 $30,000,000 $30,000,000 $30,000,000 148.100 -School Nurses Appropriation (HB 989) 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 $30,000,000 State General Funds $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 of this appropriation is to provide statewide services to parents and educators of students with disabilities. TOTAL STATE FUNDS $67,834,466 State General Funds $67,834,466 TOTAL FEDERAL FUNDS $13,359,858 Federal Funds Not Itemized $13,359,858 TOTAL PUBLIC FUNDS $81,194,324 149.1 Increase funds for statewide budget expenses for state-funded positions. $67,834,466 $67,834,466 $13,359,858 $13,359,858 $81,194,324 $67,834,466 $67,834,466 $13,359,858 $13,359,858 $81,194,324 $67,834,466 $67,834,466 $13,359,858 $13,359,858 $81,194,324 Revenue Shortfall Reserve for K-12 Needs $1,481,581 $1,481,581 $1,481,581 $1,481,581 149.100 -Severely Emotionally Disturbed Appropriation (HB 989) The purpose of this appropriation is to provide statewide services to parents and educators of students with disabilities. TOTAL STATE FUNDS $69,316,047 $69,316,047 $69,316,047 $69,316,047 State General Funds $67,834,466 $67,834,466 $67,834,466 $67,834,466 2006 JOURNAL OF THE SENATE Revenue Shortfall Reserve for K-12 Needs TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,481,581 $13,359,858 $13,359,858 $82,675,905 $1,481,581 $13,359,858 $13,359,858 $82,675,905 $1,481,581 $13,359,858 $13,359,858 $82,675,905 $1,481,581 $13,359,858 $13,359,858 $82,675,905 State Interagency Transfers Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 150.1 Increase funds to prefund health insurance. $288,275,151 $288,275,151 $18,888,697 $18,888,697 $307,163,848 $288,275,151 $288,275,151 $18,888,697 $18,888,697 $307,163,848 $288,275,151 $288,275,151 $18,888,697 $18,888,697 $307,163,848 $288,275,151 $288,275,151 $18,888,697 $18,888,697 $307,163,848 Revenue Shortfall Reserve for K-12 Needs $30,345,470 150.100 -State Interagency Transfers Appropriation (HB 989) 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 $288,275,151 $288,275,151 $288,275,151 $318,620,621 State General Funds $288,275,151 $288,275,151 $288,275,151 $288,275,151 Revenue Shortfall Reserve for K-12 Needs $30,345,470 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 $307,163,848 $307,163,848 $307,163,848 $337,509,318 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 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized $22,699,506 $22,699,506 $932,715 $828,560 $828,560 $22,699,506 $22,699,506 $932,715 $828,560 $828,560 $22,699,506 $22,699,506 $932,715 $828,560 $828,560 $22,699,506 $22,699,506 $932,715 $828,560 $828,560 THURSDAY, MARCH 20, 2008 2007 Sales and Services $104,155 $104,155 $104,155 $104,155 Sales and Services Not Itemized $104,155 $104,155 $104,155 $104,155 TOTAL PUBLIC FUNDS $23,632,221 $23,632,221 $23,632,221 $23,632,221 152.100 -State Schools Appropriation (HB 989) 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 $22,699,506 $22,699,506 $22,699,506 $22,699,506 State General Funds $22,699,506 $22,699,506 $22,699,506 $22,699,506 TOTAL AGENCY FUNDS $932,715 $932,715 $932,715 $932,715 Intergovernmental Transfers $828,560 $828,560 $828,560 $828,560 Intergovernmental Transfers Not Itemized $828,560 $828,560 $828,560 $828,560 Sales and Services $104,155 $104,155 $104,155 $104,155 Sales and Services Not Itemized $104,155 $104,155 $104,155 $104,155 TOTAL PUBLIC FUNDS $23,632,221 $23,632,221 $23,632,221 $23,632,221 Technology/Career Education Continuation Budget The purpose of this appropriation is to equip students with academic, technical and leadership skills. TOTAL STATE FUNDS $16,377,965 $16,377,965 $16,377,965 State General Funds $16,377,965 $16,377,965 $16,377,965 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 AGENCY FUNDS $4,009,567 $4,009,567 $4,009,567 Intergovernmental Transfers $4,009,567 $4,009,567 $4,009,567 Intergovernmental Transfers Not Itemized $4,009,567 $4,009,567 $4,009,567 TOTAL PUBLIC FUNDS $40,994,078 $40,994,078 $40,994,078 153.100 -Technology/Career Education Appropriation (HB 989) The purpose of this appropriation is to equip students with academic, technical and leadership skills. TOTAL STATE FUNDS $16,377,965 $16,377,965 $16,377,965 State General Funds $16,377,965 $16,377,965 $16,377,965 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 AGENCY FUNDS $4,009,567 $4,009,567 $4,009,567 Intergovernmental Transfers $4,009,567 $4,009,567 $4,009,567 $16,377,965 $16,377,965 $20,606,546 $20,606,546 $4,009,567 $4,009,567 $4,009,567 $40,994,078 $16,377,965 $16,377,965 $20,606,546 $20,606,546 $4,009,567 $4,009,567 2008 JOURNAL OF THE SENATE Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $4,009,567 $40,994,078 $4,009,567 $40,994,078 $4,009,567 $40,994,078 $4,009,567 $40,994,078 Testing Continuation Budget 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 $24,643,020 State General Funds $24,643,020 TOTAL FEDERAL FUNDS $10,454,191 Federal Funds Not Itemized $10,454,191 TOTAL PUBLIC FUNDS $35,097,211 154.1 Increase funds for the state mandated English Language Learners Exam. $24,643,020 $24,643,020 $10,454,191 $10,454,191 $35,097,211 $24,643,020 $24,643,020 $10,454,191 $10,454,191 $35,097,211 $24,643,020 $24,643,020 $10,454,191 $10,454,191 $35,097,211 Revenue Shortfall Reserve for K-12 Needs 154.1 Reduce funds for ACT/SAT Waiver. $781,894 $781,894 $781,894 $781,894 State General Funds ($1,200,000) 154.100 -Testing Appropriation (HB 989) 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 $25,424,914 $25,424,914 $25,424,914 $24,224,914 State General Funds $24,643,020 $24,643,020 $24,643,020 $23,443,020 Revenue Shortfall Reserve for K-12 Needs $781,894 $781,894 $781,894 $781,894 TOTAL FEDERAL FUNDS $10,454,191 $10,454,191 $10,454,191 $10,454,191 Federal Funds Not Itemized $10,454,191 $10,454,191 $10,454,191 $10,454,191 TOTAL PUBLIC FUNDS $35,879,105 $35,879,105 $35,879,105 $34,679,105 Tuition for Multi-Handicapped Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $1,658,859 $1,658,859 $1,658,859 $1,658,859 $1,658,859 $1,658,859 $1,658,859 $1,658,859 $1,658,859 $1,658,859 $1,658,859 $1,658,859 THURSDAY, MARCH 20, 2008 2009 155.100 -Tuition for Multi-Handicapped Appropriation (HB 989) 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 $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 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,642.32. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. Section 23: Employees' Retirement System of Georgia TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $4,674,801 $4,674,801 $4,674,801 $4,674,801 $2,599,119 $2,599,119 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $17,960,151 $17,960,151 $25,234,071 $25,234,071 Section Total - Final $4,556,301 $4,556,301 $4,556,301 $4,556,301 $2,599,119 $2,599,119 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $17,960,151 $17,960,151 $25,115,571 $25,115,571 $4,674,801 $4,674,801 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $25,234,071 $4,556,301 $4,556,301 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $25,115,571 $4,674,801 $4,674,801 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $25,234,071 $4,556,301 $4,556,301 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $25,115,571 Deferred Compensation Continuation Budget 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 STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 $0 $0 2010 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS $2,599,119 $2,599,119 $2,599,119 $2,599,119 Sales and Services $2,599,119 $2,599,119 $2,599,119 $2,599,119 Sales and Services Not Itemized $2,599,119 $2,599,119 $2,599,119 $2,599,119 TOTAL PUBLIC FUNDS $2,599,119 $2,599,119 $2,599,119 $2,599,119 156.100 -Deferred Compensation Appropriation (HB 989) 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 $2,599,119 $2,599,119 $2,599,119 $2,599,119 Sales and Services $2,599,119 $2,599,119 $2,599,119 $2,599,119 Sales and Services Not Itemized $2,599,119 $2,599,119 $2,599,119 $2,599,119 TOTAL PUBLIC FUNDS $2,599,119 $2,599,119 $2,599,119 $2,599,119 Georgia Military Pension Fund Continuation Budget The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard. TOTAL STATE FUNDS $1,103,073 $1,103,073 $1,103,073 $1,103,073 State General Funds $1,103,073 $1,103,073 $1,103,073 $1,103,073 TOTAL PUBLIC FUNDS $1,103,073 $1,103,073 $1,103,073 $1,103,073 157.100 -Georgia Military Pension Fund Appropriation (HB 989) The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard. TOTAL STATE FUNDS $1,103,073 $1,103,073 $1,103,073 $1,103,073 State General Funds $1,103,073 $1,103,073 $1,103,073 $1,103,073 TOTAL PUBLIC FUNDS $1,103,073 $1,103,073 $1,103,073 $1,103,073 System Administration Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $0 $0 $17,960,151 $17,960,151 $17,960,151 $17,960,151 $0 $0 $17,960,151 $17,960,151 $17,960,151 $17,960,151 $0 $0 $17,960,151 $17,960,151 $17,960,151 $17,960,151 $0 $0 $17,960,151 $17,960,151 $17,960,151 $17,960,151 THURSDAY, MARCH 20, 2008 2011 158.99 CC: The purpose of this appropriation is to collect employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. House: The purpose of this appropriation is to collect employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. State General Funds $0 $0 158.100 -System Administration Appropriation (HB 989) 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. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $17,960,151 $17,960,151 $17,960,151 $17,960,151 State Funds Transfers $17,960,151 $17,960,151 $17,960,151 $17,960,151 Retirement Payments $17,960,151 $17,960,151 $17,960,151 $17,960,151 TOTAL PUBLIC FUNDS $17,960,151 $17,960,151 $17,960,151 $17,960,151 Public School Employees Retirement System Continuation Budget 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 the Public School Employees' Retirement System shall not exceed $41.80. TOTAL STATE FUNDS $3,571,728 State General Funds $3,571,728 TOTAL PUBLIC FUNDS $3,571,728 159.1 Reduce funds to the level required by the latest actuarial report. $3,571,728 $3,571,728 $3,571,728 $3,571,728 $3,571,728 $3,571,728 $3,571,728 $3,571,728 $3,571,728 State General Funds ($118,500) ($118,500) ($118,500) ($118,500) 159.99 CC: The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide for the timely and accurate payment of retirement benefits. Senate: The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide for the timely and accurate payment of retirement benefits. House: The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide for the timely and accurate payment of retirement benefits. Governor: The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide for the timely and accurate payment of retirement benefits. State General Funds $0 $0 $0 $0 2012 JOURNAL OF THE SENATE 159.100 -Public School Employees Retirement System Appropriation (HB 989) The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide for the timely and accurate payment of retirement benefits. TOTAL STATE FUNDS $3,453,228 $3,453,228 $3,453,228 $3,453,228 State General Funds $3,453,228 $3,453,228 $3,453,228 $3,453,228 TOTAL PUBLIC FUNDS $3,453,228 $3,453,228 $3,453,228 $3,453,228 Section 24: Forestry Commission, State TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements 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 Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $37,140,677 $37,140,677 $37,140,677 $37,140,677 $7,861,835 $7,861,835 $7,861,835 $7,861,835 $5,668,070 $5,668,070 $125,000 $125,000 $13,000 $13,000 $5,530,070 $5,530,070 $50,670,582 $50,670,582 Section Total - Final $37,140,677 $37,290,677 $37,140,677 $37,290,677 $7,861,835 $7,861,835 $7,861,835 $7,861,835 $5,668,070 $5,668,070 $125,000 $125,000 $13,000 $13,000 $5,530,070 $5,530,070 $50,670,582 $50,820,582 $37,140,677 $37,140,677 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $50,670,582 $37,290,677 $37,290,677 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $50,820,582 $37,140,677 $37,140,677 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $50,670,582 $37,290,677 $37,290,677 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $50,820,582 Commission Administration Continuation Budget 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 $4,540,066 $4,540,066 $4,540,066 $4,540,066 THURSDAY, MARCH 20, 2008 2013 State General Funds $4,540,066 $4,540,066 $4,540,066 $4,540,066 TOTAL AGENCY FUNDS $4,872 $4,872 $4,872 $4,872 Sales and Services $4,872 $4,872 $4,872 $4,872 Sales and Services Not Itemized $4,872 $4,872 $4,872 $4,872 TOTAL PUBLIC FUNDS $4,544,938 $4,544,938 $4,544,938 $4,544,938 160.100 -Commission Administration Appropriation (HB 989) 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 $4,540,066 $4,540,066 $4,540,066 $4,540,066 State General Funds $4,540,066 $4,540,066 $4,540,066 $4,540,066 TOTAL AGENCY FUNDS $4,872 $4,872 $4,872 $4,872 Sales and Services $4,872 $4,872 $4,872 $4,872 Sales and Services Not Itemized $4,872 $4,872 $4,872 $4,872 TOTAL PUBLIC FUNDS $4,544,938 $4,544,938 $4,544,938 $4,544,938 Forest Management Continuation Budget The purpose of this appropriation is to provide forestry inventory data, manage state-owned forests, provide technical assistance on forest health and water quality issues to forest landowners, administer federal forestry programs, assist communities with management of forested greenspace, market forestry products and provide technical assistance to the forestry industry. TOTAL STATE FUNDS $3,691,168 $3,691,168 $3,691,168 $3,691,168 State General Funds $3,691,168 $3,691,168 $3,691,168 $3,691,168 TOTAL FEDERAL FUNDS $5,977,662 $5,977,662 $5,977,662 $5,977,662 Federal Funds Not Itemized $5,977,662 $5,977,662 $5,977,662 $5,977,662 TOTAL AGENCY FUNDS $677,587 $677,587 $677,587 $677,587 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 $552,587 $552,587 $552,587 $552,587 Sales and Services Not Itemized $552,587 $552,587 $552,587 $552,587 TOTAL PUBLIC FUNDS $10,346,417 $10,346,417 $10,346,417 $10,346,417 161.100 -Forest Management Appropriation (HB 989) The purpose of this appropriation is to provide forestry inventory data, manage state-owned forests, provide technical assistance on forest health and water quality issues to forest landowners, administer federal forestry programs, assist communities with management of forested greenspace, market forestry products and provide technical assistance to the forestry industry. 2014 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,691,168 $3,691,168 $5,977,662 $5,977,662 $677,587 $125,000 $125,000 $552,587 $552,587 $10,346,417 $3,691,168 $3,691,168 $5,977,662 $5,977,662 $677,587 $125,000 $125,000 $552,587 $552,587 $10,346,417 $3,691,168 $3,691,168 $5,977,662 $5,977,662 $677,587 $125,000 $125,000 $552,587 $552,587 $10,346,417 $3,691,168 $3,691,168 $5,977,662 $5,977,662 $677,587 $125,000 $125,000 $552,587 $552,587 $10,346,417 Forest Protection Continuation Budget The purpose of this appropriation is to protect the public and forest resources by detecting and suppressing forest fires, assisting landowners with fire prevention techniques, educating the public about the dangers of wildfires, and providing programs to support rural fire departments. TOTAL STATE FUNDS $28,973,218 $28,973,218 $28,973,218 $28,973,218 State General Funds $28,973,218 $28,973,218 $28,973,218 $28,973,218 TOTAL FEDERAL FUNDS $1,814,173 $1,814,173 $1,814,173 $1,814,173 Federal Funds Not Itemized $1,814,173 $1,814,173 $1,814,173 $1,814,173 TOTAL AGENCY FUNDS $3,484,111 $3,484,111 $3,484,111 $3,484,111 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 $3,471,111 $3,471,111 $3,471,111 $3,471,111 Sales and Services Not Itemized $3,471,111 $3,471,111 $3,471,111 $3,471,111 TOTAL PUBLIC FUNDS $34,271,502 $34,271,502 $34,271,502 $34,271,502 162.1 Increase funds for a 10% state match to repair and rehabilitate fire breaks and for site preparation in Dixon Memorial State Forest resulting from the 2007 South Georgia wildfires. State General Funds $150,000 $150,000 $150,000 162.100 -Forest Protection Appropriation (HB 989) The purpose of this appropriation is to protect the public and forest resources by detecting and suppressing forest fires, assisting landowners with fire prevention techniques, educating the public about the dangers of wildfires, and providing programs to support rural fire departments. TOTAL STATE FUNDS $28,973,218 $29,123,218 $29,123,218 $29,123,218 THURSDAY, MARCH 20, 2008 2015 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $28,973,218 $1,814,173 $1,814,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $34,271,502 $29,123,218 $1,814,173 $1,814,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $34,421,502 $29,123,218 $1,814,173 $1,814,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $34,421,502 $29,123,218 $1,814,173 $1,814,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $34,421,502 Tree Improvement Continuation Budget The purpose of this appropriation is to provide Georgia's landowners with genetically superior seedlings to ensure increased volume and superior quality of trees grown. TOTAL STATE FUNDS $121,994 $121,994 $121,994 $121,994 State General Funds $121,994 $121,994 $121,994 $121,994 TOTAL PUBLIC FUNDS $121,994 $121,994 $121,994 $121,994 163.100 -Tree Improvement Appropriation (HB 989) The purpose of this appropriation is to provide Georgia's landowners with genetically superior seedlings to ensure increased volume and superior quality of trees grown. TOTAL STATE FUNDS $121,994 $121,994 $121,994 $121,994 State General Funds $121,994 $121,994 $121,994 $121,994 TOTAL PUBLIC FUNDS $121,994 $121,994 $121,994 $121,994 Tree Seedling Nursery Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized ($185,769) ($185,769) $70,000 $70,000 $1,501,500 $1,501,500 $1,501,500 ($185,769) ($185,769) $70,000 $70,000 $1,501,500 $1,501,500 $1,501,500 ($185,769) ($185,769) $70,000 $70,000 $1,501,500 $1,501,500 $1,501,500 ($185,769) ($185,769) $70,000 $70,000 $1,501,500 $1,501,500 $1,501,500 2016 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $1,385,731 $1,385,731 $1,385,731 $1,385,731 164.100 -Tree Seedling Nursery Appropriation (HB 989) 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. TOTAL STATE FUNDS ($185,769) ($185,769) ($185,769) ($185,769) State General Funds ($185,769) ($185,769) ($185,769) ($185,769) 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 $1,501,500 $1,501,500 $1,501,500 $1,501,500 Sales and Services $1,501,500 $1,501,500 $1,501,500 $1,501,500 Sales and Services Not Itemized $1,501,500 $1,501,500 $1,501,500 $1,501,500 TOTAL PUBLIC FUNDS $1,385,731 $1,385,731 $1,385,731 $1,385,731 The above appropriations reflect annual debt service payments from the Herty Advanced Materials Development Center in an amount of $168,155 for year 17 of 20 years, last payment being made June 1, 2011. Section 25: Governor, Office of the TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS Section Total - Continuation $46,716,383 $46,716,383 $46,716,383 $46,716,383 $10,950,331 $10,950,331 $10,950,331 $10,950,331 $1,439,422 $1,439,422 $10,000 $10,000 $500,000 $500,000 $100,000 $100,000 $100,677 $100,677 $561,056 $561,056 $167,689 $167,689 $147,325 $147,325 $147,325 $147,325 $59,253,461 $59,253,461 Section Total - Final $50,814,874 $48,014,874 $46,716,383 $46,716,383 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 $59,253,461 $48,014,874 $46,716,383 $46,716,383 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 $59,253,461 $48,014,874 THURSDAY, MARCH 20, 2008 2017 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $50,814,874 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 $63,351,952 $48,014,874 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 $60,551,952 $48,014,874 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 $60,551,952 $48,014,874 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 $60,551,952 Governor's Emergency Fund Continuation Budget The purpose of this appropriation 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 $3,469,576 165.1 Increase funds to replenish the Governor's Emergency Fund to a level of $7,568,067 due to draw downs for FY07 disasters related to tornadoes and fires in south Georgia ($1,298,491), and provide emergency funds for instances of fire and other natural disasters in FY08 ($2,800,000). (H and S:Provide additional funds for natural disasters in FY08) State General Funds $4,098,491 $1,298,491 $1,298,491 $1,298,491 165.100 -Governor's Emergency Fund Appropriation (HB 989) The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government. TOTAL STATE FUNDS $7,568,067 $4,768,067 $4,768,067 $4,768,067 State General Funds $7,568,067 $4,768,067 $4,768,067 $4,768,067 TOTAL PUBLIC FUNDS $7,568,067 $4,768,067 $4,768,067 $4,768,067 Governor's Office Continuation Budget The purpose of this appropriation is to provide numerous duties including, but not limited to: granting commissions, appointments 2018 JOURNAL OF THE SENATE and vacancies, maintaining order, and temporary transfer of institutions between departments or agencies. The Mansion allowance per OCGA 45-7-4 shall be $40,000. TOTAL STATE FUNDS $7,653,328 $7,653,328 $7,653,328 $7,653,328 State General Funds $7,653,328 $7,653,328 $7,653,328 $7,653,328 TOTAL FEDERAL FUNDS $4,000,000 $4,000,000 $4,000,000 $4,000,000 Federal Funds Not Itemized $4,000,000 $4,000,000 $4,000,000 $4,000,000 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 $100,000 Intergovernmental Transfers $100,000 $100,000 $100,000 $100,000 Intergovernmental Transfers Not Itemized $100,000 $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $11,753,328 $11,753,328 $11,753,328 $11,753,328 166.100 -Governor's Office Appropriation (HB 989) 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 per OCGA 45-7-4 shall be $40,000. TOTAL STATE FUNDS $7,653,328 $7,653,328 $7,653,328 $7,653,328 State General Funds $7,653,328 $7,653,328 $7,653,328 $7,653,328 TOTAL FEDERAL FUNDS $4,000,000 $4,000,000 $4,000,000 $4,000,000 Federal Funds Not Itemized $4,000,000 $4,000,000 $4,000,000 $4,000,000 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 $100,000 Intergovernmental Transfers $100,000 $100,000 $100,000 $100,000 Intergovernmental Transfers Not Itemized $100,000 $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $11,753,328 $11,753,328 $11,753,328 $11,753,328 Arts, Georgia Council for the Continuation Budget The purpose of this appropriation is to provide general operation support and project support grants for art organizations. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $4,188,948 $4,188,948 $650,528 $650,528 $10,000 $10,000 $10,000 $4,849,476 $4,188,948 $4,188,948 $650,528 $650,528 $10,000 $10,000 $10,000 $4,849,476 $4,188,948 $4,188,948 $650,528 $650,528 $10,000 $10,000 $10,000 $4,849,476 $4,188,948 $4,188,948 $650,528 $650,528 $10,000 $10,000 $10,000 $4,849,476 THURSDAY, MARCH 20, 2008 2019 167.100 -Arts, Georgia Council for the Appropriation (HB 989) The purpose of this appropriation is to provide general operation support and project support grants for art organizations. TOTAL STATE FUNDS $4,188,948 $4,188,948 $4,188,948 $4,188,948 State General Funds $4,188,948 $4,188,948 $4,188,948 $4,188,948 TOTAL FEDERAL FUNDS $650,528 $650,528 $650,528 $650,528 Federal Funds Not Itemized $650,528 $650,528 $650,528 $650,528 TOTAL AGENCY FUNDS $10,000 $10,000 $10,000 $10,000 Contributions, Donations, and Forfeitures $10,000 $10,000 $10,000 $10,000 Contributions, Donations, and Forfeitures Not Itemized $10,000 $10,000 $10,000 $10,000 TOTAL PUBLIC FUNDS $4,849,476 $4,849,476 $4,849,476 $4,849,476 Child Advocate, Office of the Continuation Budget 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 $783,235 $783,235 $783,235 $783,235 State General Funds $783,235 $783,235 $783,235 $783,235 TOTAL FEDERAL FUNDS $8,600 $8,600 $8,600 $8,600 Federal Funds Not Itemized $8,600 $8,600 $8,600 $8,600 TOTAL AGENCY FUNDS $25 $25 $25 $25 Sales and Services $25 $25 $25 $25 Sales and Services Not Itemized $25 $25 $25 $25 TOTAL PUBLIC FUNDS $791,860 $791,860 $791,860 $791,860 168.100 -Child Advocate, Office of the Appropriation (HB 989) 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 $783,235 $783,235 $783,235 $783,235 State General Funds $783,235 $783,235 $783,235 $783,235 TOTAL FEDERAL FUNDS $8,600 $8,600 $8,600 $8,600 Federal Funds Not Itemized $8,600 $8,600 $8,600 $8,600 TOTAL AGENCY FUNDS $25 $25 $25 $25 Sales and Services $25 $25 $25 $25 Sales and Services Not Itemized $25 $25 $25 $25 TOTAL PUBLIC FUNDS $791,860 $791,860 $791,860 $791,860 2020 JOURNAL OF THE SENATE Consumer Affairs, Governor's Office of Continuation Budget The purpose of this appropriation is 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 STATE FUNDS $8,146,604 $8,146,604 $8,146,604 $8,146,604 State General Funds $8,146,604 $8,146,604 $8,146,604 $8,146,604 TOTAL AGENCY FUNDS $567,689 $567,689 $567,689 $567,689 Sales and Services $400,000 $400,000 $400,000 $400,000 Sales and Services Not Itemized $400,000 $400,000 $400,000 $400,000 Sanctions, Fines, and Penalties $167,689 $167,689 $167,689 $167,689 Sanctions, Fines, and Penalties Not Itemized $167,689 $167,689 $167,689 $167,689 TOTAL PUBLIC FUNDS $8,714,293 $8,714,293 $8,714,293 $8,714,293 169.100 -Consumer Affairs, Governor's Office of Appropriation (HB 989) The purpose of this appropriation is 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 STATE FUNDS $8,146,604 $8,146,604 $8,146,604 $8,146,604 State General Funds $8,146,604 $8,146,604 $8,146,604 $8,146,604 TOTAL AGENCY FUNDS $567,689 $567,689 $567,689 $567,689 Sales and Services $400,000 $400,000 $400,000 $400,000 Sales and Services Not Itemized $400,000 $400,000 $400,000 $400,000 Sanctions, Fines, and Penalties $167,689 $167,689 $167,689 $167,689 Sanctions, Fines, and Penalties Not Itemized $167,689 $167,689 $167,689 $167,689 TOTAL PUBLIC FUNDS $8,714,293 $8,714,293 $8,714,293 $8,714,293 Emergency Management Agency, Georgia Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized $2,500,145 $2,500,145 $5,490,056 $5,490,056 $660,531 $500,000 $500,000 $2,500,145 $2,500,145 $5,490,056 $5,490,056 $660,531 $500,000 $500,000 $2,500,145 $2,500,145 $5,490,056 $5,490,056 $660,531 $500,000 $500,000 $2,500,145 $2,500,145 $5,490,056 $5,490,056 $660,531 $500,000 $500,000 THURSDAY, MARCH 20, 2008 2021 Sales and Services $160,531 $160,531 $160,531 $160,531 Sales and Services Not Itemized $160,531 $160,531 $160,531 $160,531 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $147,325 $147,325 $147,325 $147,325 State Funds Transfers $147,325 $147,325 $147,325 $147,325 Agency to Agency Contracts $147,325 $147,325 $147,325 $147,325 TOTAL PUBLIC FUNDS $8,798,057 $8,798,057 $8,798,057 $8,798,057 170.100 -Emergency Management Agency, Georgia Appropriation (HB 989) 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 $2,500,145 $2,500,145 $2,500,145 $2,500,145 State General Funds $2,500,145 $2,500,145 $2,500,145 $2,500,145 TOTAL FEDERAL FUNDS $5,490,056 $5,490,056 $5,490,056 $5,490,056 Federal Funds Not Itemized $5,490,056 $5,490,056 $5,490,056 $5,490,056 TOTAL AGENCY FUNDS $660,531 $660,531 $660,531 $660,531 Reserved Fund Balances $500,000 $500,000 $500,000 $500,000 Reserved Fund Balances Not Itemized $500,000 $500,000 $500,000 $500,000 Sales and Services $160,531 $160,531 $160,531 $160,531 Sales and Services Not Itemized $160,531 $160,531 $160,531 $160,531 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $147,325 $147,325 $147,325 $147,325 State Funds Transfers $147,325 $147,325 $147,325 $147,325 Agency to Agency Contracts $147,325 $147,325 $147,325 $147,325 TOTAL PUBLIC FUNDS $8,798,057 $8,798,057 $8,798,057 $8,798,057 Equal Opportunity, Georgia Commission on Continuation Budget 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 $714,349 $714,349 $714,349 $714,349 State General Funds $714,349 $714,349 $714,349 $714,349 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 $1,101,566 $1,101,566 $1,101,566 $1,101,566 171.100 -Equal Opportunity, Georgia Commission on Appropriation (HB 989) The purpose of this appropriation is to enforce the Georgia Fair Employment Practices Act of 1978, as amended, and the Fair 2022 JOURNAL OF THE SENATE Housing Act which makes it unlawful for discrimination against any individual. TOTAL STATE FUNDS $714,349 State General Funds $714,349 TOTAL FEDERAL FUNDS $387,217 Federal Funds Not Itemized $387,217 TOTAL PUBLIC FUNDS $1,101,566 $714,349 $714,349 $387,217 $387,217 $1,101,566 $714,349 $714,349 $387,217 $387,217 $1,101,566 $714,349 $714,349 $387,217 $387,217 $1,101,566 Office of Homeland Security Continuation Budget 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 $534,850 $534,850 $534,850 $534,850 State General Funds $534,850 $534,850 $534,850 $534,850 TOTAL PUBLIC FUNDS $534,850 $534,850 $534,850 $534,850 172.100 -Office of Homeland Security Appropriation (HB 989) 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 $534,850 $534,850 $534,850 $534,850 State General Funds $534,850 $534,850 $534,850 $534,850 TOTAL PUBLIC FUNDS $534,850 $534,850 $534,850 $534,850 Office of the State Inspector General Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $833,534 $833,534 $833,534 $833,534 $833,534 $833,534 $833,534 $833,534 $833,534 $833,534 $833,534 $833,534 173.100 -Office of the State Inspector General Appropriation (HB 989) 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 $833,534 $833,534 $833,534 $833,534 State General Funds $833,534 $833,534 $833,534 $833,534 TOTAL PUBLIC FUNDS $833,534 $833,534 $833,534 $833,534 THURSDAY, MARCH 20, 2008 2023 Professional Standards Commission, Georgia Continuation Budget The purpose of this appropriation is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,142,891 $7,142,891 $411,930 $411,930 $500 $500 $500 $7,555,321 $7,142,891 $7,142,891 $411,930 $411,930 $500 $500 $500 $7,555,321 $7,142,891 $7,142,891 $411,930 $411,930 $500 $500 $500 $7,555,321 $7,142,891 $7,142,891 $411,930 $411,930 $500 $500 $500 $7,555,321 174.100 -Professional Standards Commission, Georgia Appropriation (HB 989) The purpose of this appropriation is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia. TOTAL STATE FUNDS $7,142,891 $7,142,891 $7,142,891 $7,142,891 State General Funds $7,142,891 $7,142,891 $7,142,891 $7,142,891 TOTAL FEDERAL FUNDS $411,930 $411,930 $411,930 $411,930 Federal Funds Not Itemized $411,930 $411,930 $411,930 $411,930 TOTAL AGENCY FUNDS $500 $500 $500 $500 Sales and Services $500 $500 $500 $500 Sales and Services Not Itemized $500 $500 $500 $500 TOTAL PUBLIC FUNDS $7,555,321 $7,555,321 $7,555,321 $7,555,321 Student Achievement, Office of Continuation Budget The purpose of this appropriation is to improve student achievement and school completion in Georgia. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 175.100 -Student Achievement, Office of Appropriation (HB 989) The purpose of this appropriation is to improve student achievement and school completion in Georgia. TOTAL STATE FUNDS $1,274,188 $1,274,188 $1,274,188 $1,274,188 2024 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 Planning and Budget, Governor's Office of Continuation Budget The purpose of this appropriation is to supply budgeting and policy management assistance to the Governor in determining strategic and tactical plans for state agencies. TOTAL STATE FUNDS $9,474,735 $9,474,735 $9,474,735 $9,474,735 State General Funds $9,474,735 $9,474,735 $9,474,735 $9,474,735 TOTAL FEDERAL FUNDS $2,000 $2,000 $2,000 $2,000 Federal Funds Not Itemized $2,000 $2,000 $2,000 $2,000 TOTAL AGENCY FUNDS $100,677 $100,677 $100,677 $100,677 Rebates, Refunds, and Reimbursements $100,677 $100,677 $100,677 $100,677 Rebates, Refunds, and Reimbursements Not Itemized $100,677 $100,677 $100,677 $100,677 TOTAL PUBLIC FUNDS $9,577,412 $9,577,412 $9,577,412 $9,577,412 176.99 CC: The purpose of this appropriation is to supply budgeting and policy management assistance to the Governor in determining strategic and tactical plans for state agencies. House: The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and implementation of budgets, plans, programs, and policies. State General Funds $0 $0 176.100 -Planning and Budget, Governor's Office of Appropriation (HB 989) The purpose of this appropriation is to supply budgeting and policy management assistance to the Governor in determining strategic and tactical plans for state agencies. TOTAL STATE FUNDS $9,474,735 $9,474,735 $9,474,735 $9,474,735 State General Funds $9,474,735 $9,474,735 $9,474,735 $9,474,735 TOTAL FEDERAL FUNDS $2,000 $2,000 $2,000 $2,000 Federal Funds Not Itemized $2,000 $2,000 $2,000 $2,000 TOTAL AGENCY FUNDS $100,677 $100,677 $100,677 $100,677 Rebates, Refunds, and Reimbursements $100,677 $100,677 $100,677 $100,677 Rebates, Refunds, and Reimbursements Not Itemized $100,677 $100,677 $100,677 $100,677 TOTAL PUBLIC FUNDS $9,577,412 $9,577,412 $9,577,412 $9,577,412 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. THURSDAY, MARCH 20, 2008 2025 Section 26: Human Resources, Department of Section Total - Continuation TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain and Spinal Injury Trust Fund TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 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 Prevention & Treatment of Substance Abuse Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS $1,563,191,298 $1,533,218,551 $26,909,553 $3,063,194 $1,646,607,395 $92,815,579 $54,927,918 $13,191,463 $17,193,252 $657,542,470 $52,573,085 $24,627,737 $20,172,177 $123,413,291 $60,510,483 $6,289,202 $55,015,615 $395,046,969 $73,288,154 $272,626,573 $48,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,488,474,180 $1,563,191,298 $1,533,218,551 $26,909,553 $3,063,194 $1,646,607,395 $92,815,579 $54,927,918 $13,191,463 $17,193,252 $657,542,470 $52,573,085 $24,627,737 $20,172,177 $123,413,291 $60,510,483 $6,289,202 $55,015,615 $395,046,969 $73,288,154 $272,626,573 $48,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,488,474,180 $1,563,191,298 $1,533,218,551 $26,909,553 $3,063,194 $1,646,607,395 $92,815,579 $54,927,918 $13,191,463 $17,193,252 $657,542,470 $52,573,085 $24,627,737 $20,172,177 $123,413,291 $60,510,483 $6,289,202 $55,015,615 $395,046,969 $73,288,154 $272,626,573 $48,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,488,474,180 $1,563,191,298 $1,533,218,551 $26,909,553 $3,063,194 $1,646,607,395 $92,815,579 $54,927,918 $13,191,463 $17,193,252 $657,542,470 $52,573,085 $24,627,737 $20,172,177 $123,413,291 $60,510,483 $6,289,202 $55,015,615 $395,046,969 $73,288,154 $272,626,573 $48,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,488,474,180 2026 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain and Spinal Injury Trust Fund Section Total - Final $1,645,983,741 $1,646,083,741 $1,617,105,195 $1,617,205,195 $26,909,553 $26,909,553 $1,968,993 $1,968,993 $1,652,197,073 $1,623,318,527 $26,909,553 $1,968,993 $1,650,933,741 $1,622,055,195 $26,909,553 $1,968,993 TOTAL FEDERAL FUNDS $1,667,034,707 CCDF Mandatory & Matching Funds CFDA93.596 $92,815,579 Child Care & Development Block Grant CFDA93.575 $54,927,918 Community Mental Health Services Block Grant CFDA93.958 $13,191,463 Community Services Block Grant CFDA93.569 $17,193,252 Federal Funds Not Itemized $658,745,489 Foster Care Title IV-E CFDA93.658 $59,573,085 Low-Income Home Energy Assistance CFDA93.568 $24,627,737 Maternal & Child Health Services Block Grant CFDA93.994 $20,172,177 Medical Assistance Program CFDA93.778 $121,613,291 Prevention & Treatment of Substance Abuse Grant CFDA93.959$60,510,483 Preventive Health & Health Services Block Grant CFDA93.991 $6,289,202 Social Services Block Grant CFDA93.667 $55,015,615 Temporary Assistance for Needy Families $409,071,262 TANF Unobligated Balance per 42 USC 604 $73,288,154 $1,667,034,707 $92,815,579 $54,927,918 $13,191,463 $17,193,252 $658,745,489 $59,573,085 $24,627,737 $20,172,177 $121,613,291 $60,510,483 $6,289,202 $55,015,615 $409,071,262 $73,288,154 $1,705,971,891 $92,815,579 $54,927,918 $13,191,463 $17,193,252 $658,745,489 $59,573,085 $24,627,737 $20,172,177 $121,613,291 $60,510,483 $6,289,202 $55,015,615 $368,024,967 $153,271,633 $1,705,971,891 $92,815,579 $54,927,918 $13,191,463 $17,193,252 $658,745,489 $59,573,085 $24,627,737 $20,172,177 $121,613,291 $60,510,483 $6,289,202 $55,015,615 $368,024,967 $153,271,633 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS $226,626,573 $2,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,545,693,935 $226,626,573 $2,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,545,793,935 $272,626,573 $48,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,636,844,451 $272,626,573 $48,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,635,581,119 THURSDAY, MARCH 20, 2008 2027 Adolescent and Adult Health Promotion Continuation Budget 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. TOTAL STATE FUNDS $20,734,163 $20,734,163 $20,734,163 $20,734,163 State General Funds $15,859,175 $15,859,175 $15,859,175 $15,859,175 Tobacco Settlement Funds $4,874,988 $4,874,988 $4,874,988 $4,874,988 TOTAL FEDERAL FUNDS $36,967,763 $36,967,763 $36,967,763 $36,967,763 Federal Funds Not Itemized $15,008,940 $15,008,940 $15,008,940 $15,008,940 Maternal & Child Health Services Block Grant CFDA93.994 $1,230,972 $1,230,972 $1,230,972 $1,230,972 Medical Assistance Program CFDA93.778 $1,589,260 $1,589,260 $1,589,260 $1,589,260 Preventive Health & Health Services Block Grant CFDA93.991 $41,694 $41,694 $41,694 $41,694 Temporary Assistance for Needy Families $19,096,897 $19,096,897 $19,096,897 $19,096,897 Temporary Assistance for Needy Families Grant CFDA93.558 $19,096,897 $19,096,897 $19,096,897 $19,096,897 TOTAL AGENCY FUNDS $207,783 $207,783 $207,783 $207,783 Contributions, Donations, and Forfeitures $207,783 $207,783 $207,783 $207,783 Contributions, Donations, and Forfeitures Not Itemized $207,783 $207,783 $207,783 $207,783 TOTAL PUBLIC FUNDS $57,909,709 $57,909,709 $57,909,709 $57,909,709 177.1 Transfer funds from the Infant and Child Health Promotion program to accurately reflect salary and health benefit increases from FY08. State General Funds $165,188 $165,188 $165,188 $165,188 177.2 Transfer local grant-in-aid funds to the Inspections and Environmental Hazard Control program to reflect expenses. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) 177.3 Transfer funds to the Infectious Disease Control program to align the budget to the program where laboratory activities occur. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($523,126) ($145,397) ($668,523) ($523,126) ($145,397) ($668,523) ($523,126) ($145,397) ($668,523) ($523,126) ($145,397) ($668,523) 177.4 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($74,679) ($74,679) ($74,679) 177.5 Reduce funds received for the Diabetes Care Coalition. 2028 JOURNAL OF THE SENATE State General Funds ($150,000) ($150,000) 177.6 Increase funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 $4,603,103 $4,603,103 177.100 -Adolescent and Adult Health Promotion Appropriation (HB 989) 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. TOTAL STATE FUNDS $19,376,225 $19,301,546 $19,151,546 $19,151,546 State General Funds $14,501,237 $14,426,558 $14,276,558 $14,276,558 Tobacco Settlement Funds $4,874,988 $4,874,988 $4,874,988 $4,874,988 TOTAL FEDERAL FUNDS $36,822,366 $36,822,366 $41,425,469 $41,425,469 Federal Funds Not Itemized $15,008,940 $15,008,940 $15,008,940 $15,008,940 Maternal & Child Health Services Block Grant CFDA93.994 $1,230,972 $1,230,972 $1,230,972 $1,230,972 Medical Assistance Program CFDA93.778 $1,443,863 $1,443,863 $1,443,863 $1,443,863 Preventive Health & Health Services Block Grant CFDA93.991 $41,694 $41,694 $41,694 $41,694 Temporary Assistance for Needy Families $19,096,897 $19,096,897 $23,700,000 $23,700,000 Temporary Assistance for Needy Families Grant CFDA93.558 $19,096,897 $19,096,897 $23,700,000 $23,700,000 TOTAL AGENCY FUNDS $207,783 $207,783 $207,783 $207,783 Contributions, Donations, and Forfeitures $207,783 $207,783 $207,783 $207,783 Contributions, Donations, and Forfeitures Not Itemized $207,783 $207,783 $207,783 $207,783 TOTAL PUBLIC FUNDS $56,406,374 $56,331,695 $60,784,798 $60,784,798 Adoption Services Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized $33,139,326 $33,139,326 $47,932,276 $35,932,276 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $33,139,326 $33,139,326 $47,932,276 $35,932,276 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $33,139,326 $33,139,326 $47,932,276 $35,932,276 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $33,139,326 $33,139,326 $47,932,276 $35,932,276 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 THURSDAY, MARCH 20, 2008 2029 TOTAL PUBLIC FUNDS $81,116,602 $81,116,602 $81,116,602 178.1 Transfer funds from the Out-of-Home Care program to align the budget with projected expenditures. $81,116,602 State General Funds $2,623,790 $2,623,790 $2,623,790 $2,623,790 178.2 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($6,640) ($6,640) ($6,640) 178.100 -Adoption Services Appropriation (HB 989) 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. TOTAL STATE FUNDS $35,763,116 $35,756,476 $35,756,476 $35,756,476 State General Funds $35,763,116 $35,756,476 $35,756,476 $35,756,476 TOTAL FEDERAL FUNDS $47,932,276 $47,932,276 $47,932,276 $47,932,276 Federal Funds Not Itemized $35,932,276 $35,932,276 $35,932,276 $35,932,276 Temporary Assistance for Needy Families $12,000,000 $12,000,000 $12,000,000 $12,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $12,000,000 $12,000,000 $12,000,000 $12,000,000 TOTAL AGENCY FUNDS $45,000 $45,000 $45,000 $45,000 Contributions, Donations, and Forfeitures $45,000 $45,000 $45,000 $45,000 Contributions, Donations, and Forfeitures Not Itemized $45,000 $45,000 $45,000 $45,000 TOTAL PUBLIC FUNDS $83,740,392 $83,733,752 $83,733,752 $83,733,752 Adult Addictive Diseases Services Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Prevention & Treatment of Substance Abuse Grant CFDA93.959 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized $48,231,627 $48,231,627 $46,517,224 $1 $26,100,797 $20,416,426 $20,416,426 $824,903 $490,000 $490,000 $48,231,627 $48,231,627 $46,517,224 $1 $26,100,797 $20,416,426 $20,416,426 $824,903 $490,000 $490,000 $48,231,627 $48,231,627 $46,517,224 $1 $26,100,797 $20,416,426 $20,416,426 $824,903 $490,000 $490,000 $48,231,627 $48,231,627 $46,517,224 $1 $26,100,797 $20,416,426 $20,416,426 $824,903 $490,000 $490,000 2030 JOURNAL OF THE SENATE Rebates, Refunds, and Reimbursements $218,121 $218,121 $218,121 $218,121 Rebates, Refunds, and Reimbursements Not Itemized $218,121 $218,121 $218,121 $218,121 Sales and Services $116,782 $116,782 $116,782 $116,782 Sales and Services Not Itemized $116,782 $116,782 $116,782 $116,782 TOTAL PUBLIC FUNDS $95,573,754 $95,573,754 $95,573,754 $95,573,754 179.1 Transfer funds to the Departmental Administration program to align the budget with projected expenditures. State General Funds ($1,938,303) ($1,938,303) ($1,938,303) ($1,938,303) 179.2 Transfer funds to the Direct Care Support Services program to align the budget with projected expenditures. State General Funds ($146,613) ($146,613) ($146,613) ($146,613) 179.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($149,386) ($149,386) ($149,386) 179.4 Increase funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 $1,457,257 $1,457,257 179.100 -Adult Addictive Diseases Services Appropriation (HB 989) 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. TOTAL STATE FUNDS $46,146,711 $45,997,325 $45,997,325 $45,997,325 State General Funds $46,146,711 $45,997,325 $45,997,325 $45,997,325 TOTAL FEDERAL FUNDS $46,517,224 $46,517,224 $47,974,481 $47,974,481 Federal Funds Not Itemized $1 $1 $1 $1 Prevention & Treatment of Substance Abuse Grant CFDA93.959$26,100,797 $26,100,797 $26,100,797 $26,100,797 Temporary Assistance for Needy Families $20,416,426 $20,416,426 $21,873,683 $21,873,683 Temporary Assistance for Needy Families Grant CFDA93.558 $20,416,426 $20,416,426 $21,873,683 $21,873,683 TOTAL AGENCY FUNDS $824,903 $824,903 $824,903 $824,903 Intergovernmental Transfers $490,000 $490,000 $490,000 $490,000 Intergovernmental Transfers Not Itemized $490,000 $490,000 $490,000 $490,000 Rebates, Refunds, and Reimbursements $218,121 $218,121 $218,121 $218,121 Rebates, Refunds, and Reimbursements Not Itemized $218,121 $218,121 $218,121 $218,121 Sales and Services $116,782 $116,782 $116,782 $116,782 Sales and Services Not Itemized $116,782 $116,782 $116,782 $116,782 TOTAL PUBLIC FUNDS $93,488,838 $93,339,452 $94,796,709 $94,796,709 THURSDAY, MARCH 20, 2008 2031 Adult Developmental Disabilities Services Continuation Budget The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for adults with developmental disabilities. TOTAL STATE FUNDS $216,013,559 $216,013,559 $216,013,559 State General Funds $205,758,421 $205,758,421 $205,758,421 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $67,376,249 $67,376,249 $67,376,249 Federal Funds Not Itemized $161,870 $161,870 $161,870 Medical Assistance Program CFDA93.778 $13,561,524 $13,561,524 $13,561,524 Social Services Block Grant CFDA93.667 $30,636,459 $30,636,459 $30,636,459 Temporary Assistance for Needy Families $23,016,394 $23,016,394 $23,016,394 Temporary Assistance for Needy Families Grant CFDA93.558 $23,016,394 $23,016,394 $23,016,394 TANF Unobligated Balance per 42 USC 604 $2 $2 $2 TOTAL AGENCY FUNDS $59,784,552 $59,784,552 $59,784,552 Sales and Services $59,784,552 $59,784,552 $59,784,552 Sales and Services Not Itemized $59,784,552 $59,784,552 $59,784,552 TOTAL PUBLIC FUNDS $343,174,360 $343,174,360 $343,174,360 180.1 Transfer funds to the Adult Forensic Services program to align the budget with projected expenditures. $216,013,559 $205,758,421 $10,255,138 $67,376,249 $161,870 $13,561,524 $30,636,459 $23,016,394 $23,016,394 $2 $59,784,552 $59,784,552 $59,784,552 $343,174,360 State General Funds ($3,405,931) ($3,405,931) ($3,405,931) ($3,405,931) 180.2 Transfer funds to the Adult Mental Health Services program to align the budget with projected expenditures. State General Funds ($23,613,653) ($23,613,653) ($23,613,653) ($23,613,653) 180.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($190,689) ($190,689) ($190,689) 180.4 Reduce funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 ($22,605,160) ($22,605,160) TANF Unobligated Balance per 42 USC 604 ($2) ($2) TOTAL PUBLIC FUNDS ($22,605,162) ($22,605,162) 180.100 -Adult Developmental Disabilities Services Appropriation (HB 989) The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for adults with developmental disabilities. TOTAL STATE FUNDS $188,993,975 $188,803,286 $188,803,286 $188,803,286 2032 JOURNAL OF THE SENATE State General Funds $178,738,837 Tobacco Settlement Funds $10,255,138 TOTAL FEDERAL FUNDS $67,376,249 Federal Funds Not Itemized $161,870 Medical Assistance Program CFDA93.778 $13,561,524 Social Services Block Grant CFDA93.667 $30,636,459 Temporary Assistance for Needy Families $23,016,394 Temporary Assistance for Needy Families Grant CFDA93.558 $23,016,394 TANF Unobligated Balance per 42 USC 604 $2 TOTAL AGENCY FUNDS $59,784,552 Sales and Services $59,784,552 Sales and Services Not Itemized $59,784,552 TOTAL PUBLIC FUNDS $316,154,776 $178,548,148 $10,255,138 $67,376,249 $161,870 $13,561,524 $30,636,459 $23,016,394 $23,016,394 $2 $59,784,552 $59,784,552 $59,784,552 $315,964,087 $178,548,148 $10,255,138 $44,771,087 $161,870 $13,561,524 $30,636,459 $411,234 $411,234 $59,784,552 $59,784,552 $59,784,552 $293,358,925 $178,548,148 $10,255,138 $44,771,087 $161,870 $13,561,524 $30,636,459 $411,234 $411,234 $59,784,552 $59,784,552 $59,784,552 $293,358,925 Adult Essential Health Treatment Services Continuation Budget 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. TOTAL STATE FUNDS $10,709,061 $10,709,061 $10,709,061 $10,709,061 State General Funds $5,709,061 $5,709,061 $5,709,061 $5,709,061 Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 $5,000,000 TOTAL FEDERAL FUNDS $3,937,629 $3,937,629 $3,937,629 $3,937,629 Federal Funds Not Itemized $2,651,413 $2,651,413 $2,651,413 $2,651,413 Medical Assistance Program CFDA93.778 $75,339 $75,339 $75,339 $75,339 Preventive Health & Health Services Block Grant CFDA93.991 $1,210,877 $1,210,877 $1,210,877 $1,210,877 TOTAL AGENCY FUNDS $2,096,772 $2,096,772 $2,096,772 $2,096,772 Sales and Services $2,096,772 $2,096,772 $2,096,772 $2,096,772 Sales and Services Not Itemized $2,096,772 $2,096,772 $2,096,772 $2,096,772 TOTAL PUBLIC FUNDS $16,743,462 $16,743,462 $16,743,462 $16,743,462 181.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($9,945) ($9,945) ($9,945) 181.100 -Adult Essential Health Treatment Services Appropriation (HB 989) The purpose of this appropriation is to provide treatment and services to low income Georgians with cancer, Georgians at risk of THURSDAY, MARCH 20, 2008 2033 stroke or heart attacks, and refugees. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $10,709,061 $5,709,061 $5,000,000 $3,937,629 $2,651,413 $75,339 $1,210,877 $2,096,772 $2,096,772 $2,096,772 $16,743,462 $10,699,116 $5,699,116 $5,000,000 $3,937,629 $2,651,413 $75,339 $1,210,877 $2,096,772 $2,096,772 $2,096,772 $16,733,517 $10,699,116 $5,699,116 $5,000,000 $3,937,629 $2,651,413 $75,339 $1,210,877 $2,096,772 $2,096,772 $2,096,772 $16,733,517 $10,699,116 $5,699,116 $5,000,000 $3,937,629 $2,651,413 $75,339 $1,210,877 $2,096,772 $2,096,772 $2,096,772 $16,733,517 Adult Forensic Services Continuation Budget 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 $38,421,374 $38,421,374 $38,421,374 $38,421,374 State General Funds $38,421,374 $38,421,374 $38,421,374 $38,421,374 TOTAL FEDERAL FUNDS $1,115,408 $1,115,408 $1,115,408 $1,115,408 Federal Funds Not Itemized $1,115,408 $1,115,408 $1,115,408 $1,115,408 TOTAL AGENCY FUNDS $4 $4 $4 $4 Sales and Services $4 $4 $4 $4 Sales and Services Not Itemized $4 $4 $4 $4 TOTAL PUBLIC FUNDS $39,536,786 $39,536,786 $39,536,786 $39,536,786 182.1 Transfer funds from the Adult Developmental Disabilities Services program to align the budget with projected expenditures. State General Funds $3,405,931 182.2 Increase funds to improve hospital operations and quality of care. $3,405,931 $3,405,931 $3,405,931 State General Funds $2,100,000 $2,100,000 $2,100,000 $2,100,000 182.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $178,525 $178,525 $178,525 182.100 -Adult Forensic Services Appropriation (HB 989) The purpose of this appropriation is to provide evaluation, treatment and residential services to adult clients referred by Georgia's 2034 JOURNAL OF THE SENATE criminal justice or corrections system. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $43,927,305 $43,927,305 $1,115,408 $1,115,408 $4 $4 $4 $45,042,717 $44,105,830 $44,105,830 $1,115,408 $1,115,408 $4 $4 $4 $45,221,242 $44,105,830 $44,105,830 $1,115,408 $1,115,408 $4 $4 $4 $45,221,242 $44,105,830 $44,105,830 $1,115,408 $1,115,408 $4 $4 $4 $45,221,242 Adult Mental Health Services Continuation Budget The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness. TOTAL STATE FUNDS $177,314,849 $177,314,849 $177,314,849 $177,314,849 State General Funds $177,314,849 $177,314,849 $177,314,849 $177,314,849 TOTAL FEDERAL FUNDS $18,263,868 $18,263,868 $18,263,868 $18,263,868 Community Mental Health Services Block Grant CFDA93.958 $7,757,890 $7,757,890 $7,757,890 $7,757,890 Federal Funds Not Itemized $6,575,206 $6,575,206 $6,575,206 $6,575,206 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $330,772 $330,772 $330,772 $330,772 Temporary Assistance for Needy Families $3,600,000 $3,600,000 $3,600,000 $3,600,000 Temporary Assistance for Needy Families Grant CFDA93.558 $3,600,000 $3,600,000 $3,600,000 $3,600,000 TOTAL AGENCY FUNDS $4,102,757 $4,102,757 $4,102,757 $4,102,757 Contributions, Donations, and Forfeitures $526,000 $526,000 $526,000 $526,000 Contributions, Donations, and Forfeitures Not Itemized $526,000 $526,000 $526,000 $526,000 Sales and Services $3,576,757 $3,576,757 $3,576,757 $3,576,757 Sales and Services Not Itemized $3,576,757 $3,576,757 $3,576,757 $3,576,757 TOTAL PUBLIC FUNDS $199,681,474 $199,681,474 $199,681,474 $199,681,474 183.1 Transfer funds from the Adult Developmental Disabilities Services program to align the budget with projected expenditures. State General Funds $23,613,653 $23,613,653 $23,613,653 $23,613,653 183.2 Transfer funds from the Child and Adolescent Mental Health Services program to align the budget with projected expenditures. State General Funds $12,130,955 $12,130,955 183.3 Increase funds to improve hospital operations and quality of care. $12,130,955 $12,130,955 THURSDAY, MARCH 20, 2008 2035 State General Funds $5,900,000 $5,900,000 $5,900,000 $5,900,000 183.4 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($365,284) ($365,284) ($365,284) 183.5 Reduce funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 ($2,380,535) ($2,380,535) 183.100 -Adult Mental Health Services Appropriation (HB 989) The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness. TOTAL STATE FUNDS $218,959,457 $218,594,173 $218,594,173 $218,594,173 State General Funds $218,959,457 $218,594,173 $218,594,173 $218,594,173 TOTAL FEDERAL FUNDS $18,263,868 $18,263,868 $15,883,333 $15,883,333 Community Mental Health Services Block Grant CFDA93.958 $7,757,890 $7,757,890 $7,757,890 $7,757,890 Federal Funds Not Itemized $6,575,206 $6,575,206 $6,575,206 $6,575,206 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $330,772 $330,772 $330,772 $330,772 Temporary Assistance for Needy Families $3,600,000 $3,600,000 $1,219,465 $1,219,465 Temporary Assistance for Needy Families Grant CFDA93.558 $3,600,000 $3,600,000 $1,219,465 $1,219,465 TOTAL AGENCY FUNDS $4,102,757 $4,102,757 $4,102,757 $4,102,757 Contributions, Donations, and Forfeitures $526,000 $526,000 $526,000 $526,000 Contributions, Donations, and Forfeitures Not Itemized $526,000 $526,000 $526,000 $526,000 Sales and Services $3,576,757 $3,576,757 $3,576,757 $3,576,757 Sales and Services Not Itemized $3,576,757 $3,576,757 $3,576,757 $3,576,757 TOTAL PUBLIC FUNDS $241,326,082 $240,960,798 $238,580,263 $238,580,263 Adult Nursing Home Services Continuation Budget The purpose of this appropriation is to provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,383,183 $2,383,183 $1,547,242 $1,547,242 $1,547,242 $3,930,425 $2,383,183 $2,383,183 $1,547,242 $1,547,242 $1,547,242 $3,930,425 $2,383,183 $2,383,183 $1,547,242 $1,547,242 $1,547,242 $3,930,425 $2,383,183 $2,383,183 $1,547,242 $1,547,242 $1,547,242 $3,930,425 2036 JOURNAL OF THE SENATE 184.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $139,502 $139,502 $139,502 184.100 -Adult Nursing Home Services Appropriation (HB 989) The purpose of this appropriation is to provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities. TOTAL STATE FUNDS $2,383,183 $2,522,685 $2,522,685 $2,522,685 State General Funds $2,383,183 $2,522,685 $2,522,685 $2,522,685 TOTAL AGENCY FUNDS $1,547,242 $1,547,242 $1,547,242 $1,547,242 Sales and Services $1,547,242 $1,547,242 $1,547,242 $1,547,242 Sales and Services Not Itemized $1,547,242 $1,547,242 $1,547,242 $1,547,242 TOTAL PUBLIC FUNDS $3,930,425 $4,069,927 $4,069,927 $4,069,927 After School Care Continuation Budget The purpose of this appropriation is to expand the provision of after school care services and earn a 1:2 matching rate for contributed Maintenance of Effort (MOE) funds. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL FEDERAL FUNDS $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $14,000,000 $14,000,000 $14,000,000 TOTAL AGENCY FUNDS $28,000,000 $28,000,000 $28,000,000 Contributions, Donations, and Forfeitures $28,000,000 $28,000,000 $28,000,000 TANF Maintenance-of-Effort from External Sources $28,000,000 $28,000,000 $28,000,000 TOTAL PUBLIC FUNDS $42,000,000 $42,000,000 $42,000,000 185.1 Reduce funds from Maintenance of Effort (MOE) calculations to reflect cash flow to operate the program. $0 $0 $14,000,000 $14,000,000 $14,000,000 $28,000,000 $28,000,000 $28,000,000 $42,000,000 TANF Maintenance-of-Effort from External Sources ($28,000,000) ($28,000,000) $0 $0 185.99 CC: The purpose of this appropriation is to expand the provision of after school care services and draw down TANF Maintenance of Effort funds. Senate: The purpose of this appropriation is to expand the provision of after school care services and draw down TANF Maintenance of Effort funds. House: The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. THURSDAY, MARCH 20, 2008 2037 Governor: 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 $0 $0 185.100 -After School Care Appropriation (HB 989) The purpose of this appropriation is to expand the provision of after school care services and draw down TANF Maintenance of Effort funds. TOTAL FEDERAL FUNDS $14,000,000 $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families $14,000,000 $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $14,000,000 $14,000,000 $14,000,000 $14,000,000 TOTAL AGENCY FUNDS $28,000,000 $28,000,000 Contributions, Donations, and Forfeitures $28,000,000 $28,000,000 TANF Maintenance-of-Effort from External Sources $28,000,000 $28,000,000 TOTAL PUBLIC FUNDS $14,000,000 $14,000,000 $42,000,000 $42,000,000 Child and Adolescent Addictive Diseases Services Continuation Budget 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. TOTAL STATE FUNDS $10,864,229 $10,864,229 $10,864,229 State General Funds $10,864,229 $10,864,229 $10,864,229 TOTAL FEDERAL FUNDS $17,217,170 $17,217,170 $17,217,170 Federal Funds Not Itemized $3,116,697 $3,116,697 $3,116,697 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $14,100,473 $14,100,473 $14,100,473 TOTAL PUBLIC FUNDS $28,081,399 $28,081,399 $28,081,399 186.1 Transfer funds to Direct Care Support Services program to reflect a decrease in service utilization. $10,864,229 $10,864,229 $17,217,170 $3,116,697 $14,100,473 $28,081,399 State General Funds ($1,868,277) ($1,868,277) ($1,868,277) ($1,868,277) 186.2 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($45,193) ($45,193) ($45,193) 186.100 -Child and Adolescent Addictive Diseases Services Appropriation (HB 989) 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. TOTAL STATE FUNDS $8,995,952 $8,950,759 $8,950,759 $8,950,759 State General Funds $8,995,952 $8,950,759 $8,950,759 $8,950,759 2038 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS $17,217,170 Federal Funds Not Itemized $3,116,697 Prevention & Treatment of Substance Abuse Grant CFDA93.959$14,100,473 TOTAL PUBLIC FUNDS $26,213,122 $17,217,170 $3,116,697 $14,100,473 $26,167,929 $17,217,170 $3,116,697 $14,100,473 $26,167,929 $17,217,170 $3,116,697 $14,100,473 $26,167,929 Child and Adolescent Developmental Disabilities Continuation Budget 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 $17,589,662 $17,589,662 $17,589,662 $17,589,662 State General Funds $17,589,662 $17,589,662 $17,589,662 $17,589,662 TOTAL FEDERAL FUNDS $6,331,470 $6,331,470 $6,331,470 $6,331,470 Medical Assistance Program CFDA93.778 $5,843,482 $5,843,482 $5,843,482 $5,843,482 Temporary Assistance for Needy Families $487,988 $487,988 $487,988 $487,988 Temporary Assistance for Needy Families Grant CFDA93.558 $487,988 $487,988 $487,988 $487,988 TOTAL PUBLIC FUNDS $23,921,132 $23,921,132 $23,921,132 $23,921,132 187.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($38,737) ($38,737) ($38,737) 187.2 Reduce one-time funds received for the Matthew Reardon Center and reflect reduction in the Departmental Administration program. (S and CC:YES) State General Funds 187.3 Reduce funds based on the Department's FY08 TANF spending plan. $0 $0 Temporary Assistance for Needy Families Grant CFDA93.558 ($487,988) ($487,988) 187.100 -Child and Adolescent Developmental Disabilities Appropriation (HB 989) 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 $17,589,662 $17,550,925 $17,550,925 $17,550,925 State General Funds $17,589,662 $17,550,925 $17,550,925 $17,550,925 TOTAL FEDERAL FUNDS $6,331,470 $6,331,470 $5,843,482 $5,843,482 Medical Assistance Program CFDA93.778 $5,843,482 $5,843,482 $5,843,482 $5,843,482 Temporary Assistance for Needy Families $487,988 $487,988 Temporary Assistance for Needy Families Grant CFDA93.558 $487,988 $487,988 THURSDAY, MARCH 20, 2008 2039 TOTAL PUBLIC FUNDS $23,921,132 $23,882,395 $23,394,407 $23,394,407 Child and Adolescent Forensic Services Continuation Budget 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 $3,038,424 $3,038,424 $3,038,424 $3,038,424 State General Funds $3,038,424 $3,038,424 $3,038,424 $3,038,424 TOTAL PUBLIC FUNDS $3,038,424 $3,038,424 $3,038,424 $3,038,424 188.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($6,456) ($6,456) ($6,456) 188.100 -Child and Adolescent Forensic Services Appropriation (HB 989) 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 $3,038,424 $3,031,968 $3,031,968 $3,031,968 State General Funds $3,038,424 $3,031,968 $3,031,968 $3,031,968 TOTAL PUBLIC FUNDS $3,038,424 $3,031,968 $3,031,968 $3,031,968 Child and Adolescent Mental Health Services Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Community Mental Health Services Block Grant CFDA93.958 Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts $105,062,036 $105,062,036 $5,446,690 $5,433,573 $10,000 $3,117 $51,093,764 $51,093,764 $51,093,764 $82,003 $82,003 $82,003 $105,062,036 $105,062,036 $5,446,690 $5,433,573 $10,000 $3,117 $51,093,764 $51,093,764 $51,093,764 $82,003 $82,003 $82,003 $105,062,036 $105,062,036 $5,446,690 $5,433,573 $10,000 $3,117 $51,093,764 $51,093,764 $51,093,764 $82,003 $82,003 $82,003 $105,062,036 $105,062,036 $5,446,690 $5,433,573 $10,000 $3,117 $51,093,764 $51,093,764 $51,093,764 $82,003 $82,003 $82,003 2040 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $161,684,493 $161,684,493 $161,684,493 $161,684,493 189.1 Transfer funds to the Adult Mental Health Services program to align the budget with projected expenditures. State General Funds ($12,130,955) ($12,130,955) ($12,130,955) ($12,130,955) 189.2 Transfer funds to the Direct Care Support Services program to align the budget with projected expenditures. State General Funds ($766,723) ($766,723) ($766,723) ($766,723) 189.3 Transfer funds from the Departmental Administration program for mental health support staff related to the unbundling of the Level of Care (LOC) services. State General Funds $109,145 $109,145 $109,145 $109,145 189.4 Transfer funds from the Child Welfare Services program for mental health support staff related to the unbundling of LOC services. State General Funds $412,329 189.5 Reduce funds to reflect a projected decrease in service utilization. $412,329 $412,329 $412,329 State General Funds ($8,000,000) ($8,000,000) ($8,000,000) ($8,000,000) 189.6 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($124,819) ($124,819) ($124,819) 189.100 -Child and Adolescent Mental Health Services Appropriation (HB 989) 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 $84,685,832 $84,561,013 $84,561,013 $84,561,013 State General Funds $84,685,832 $84,561,013 $84,561,013 $84,561,013 TOTAL FEDERAL FUNDS $5,446,690 $5,446,690 $5,446,690 $5,446,690 Community Mental Health Services Block Grant CFDA93.958 $5,433,573 $5,433,573 $5,433,573 $5,433,573 Federal Funds Not Itemized $10,000 $10,000 $10,000 $10,000 Medical Assistance Program CFDA93.778 $3,117 $3,117 $3,117 $3,117 TOTAL AGENCY FUNDS $51,093,764 $51,093,764 $51,093,764 $51,093,764 Sales and Services $51,093,764 $51,093,764 $51,093,764 $51,093,764 Sales and Services Not Itemized $51,093,764 $51,093,764 $51,093,764 $51,093,764 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $82,003 $82,003 $82,003 $82,003 State Funds Transfers $82,003 $82,003 $82,003 $82,003 Agency to Agency Contracts $82,003 $82,003 $82,003 $82,003 THURSDAY, MARCH 20, 2008 2041 TOTAL PUBLIC FUNDS $141,308,289 $141,183,470 $141,183,470 $141,183,470 Child Care Services Continuation Budget 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. TOTAL STATE FUNDS $58,398,695 $58,398,695 $58,398,695 $58,398,695 State General Funds $58,398,695 $58,398,695 $58,398,695 $58,398,695 TOTAL FEDERAL FUNDS $175,018,410 $175,018,410 $175,018,410 $175,018,410 CCDF Mandatory & Matching Funds CFDA93.596 $90,698,416 $90,698,416 $90,698,416 $90,698,416 Child Care & Development Block Grant CFDA93.575 $54,619,903 $54,619,903 $54,619,903 $54,619,903 Social Services Block Grant CFDA93.667 $90 $90 $90 $90 Temporary Assistance for Needy Families $29,700,001 $29,700,001 $29,700,001 $29,700,001 Temporary Assistance for Needy Families Grant CFDA93.558 $1 $1 $1 $1 TANF Transfers to Child Care Development Fund per 42 USC 604 $29,700,000 $29,700,000 $29,700,000 $29,700,000 TOTAL AGENCY FUNDS $2,500,000 $2,500,000 $2,500,000 $2,500,000 Sales and Services $2,500,000 $2,500,000 $2,500,000 $2,500,000 Sales and Services Not Itemized $2,500,000 $2,500,000 $2,500,000 $2,500,000 TOTAL PUBLIC FUNDS $235,917,105 $235,917,105 $235,917,105 $235,917,105 190.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds 190.2 Reduce funds to reflect FY08 transfers being prepaid using FY07 funds. $32,446 $32,446 $32,446 Temporary Assistance for Needy Families Grant CFDA93.558 ($1) ($1) TANF Transfers to Child Care Development Fund per 42 USC 604 ($29,700,000) ($29,700,000) TOTAL PUBLIC FUNDS ($29,700,001) ($29,700,001) 190.100 -Child Care Services Appropriation (HB 989) 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. TOTAL STATE FUNDS $58,398,695 $58,431,141 $58,431,141 $58,431,141 State General Funds $58,398,695 $58,431,141 $58,431,141 $58,431,141 TOTAL FEDERAL FUNDS $175,018,410 $175,018,410 $145,318,409 $145,318,409 CCDF Mandatory & Matching Funds CFDA93.596 $90,698,416 $90,698,416 $90,698,416 $90,698,416 Child Care & Development Block Grant CFDA93.575 $54,619,903 $54,619,903 $54,619,903 $54,619,903 2042 JOURNAL OF THE SENATE Social Services Block Grant CFDA93.667 $90 $90 Temporary Assistance for Needy Families $29,700,001 $29,700,001 Temporary Assistance for Needy Families Grant CFDA93.558 $1 $1 TANF Transfers to Child Care Development Fund per 42 USC 604$29,700,000 $29,700,000 TOTAL AGENCY FUNDS $2,500,000 $2,500,000 Sales and Services $2,500,000 $2,500,000 Sales and Services Not Itemized $2,500,000 $2,500,000 TOTAL PUBLIC FUNDS $235,917,105 $235,949,551 $90 $2,500,000 $2,500,000 $2,500,000 $206,249,550 $90 $2,500,000 $2,500,000 $2,500,000 $206,249,550 Child Fatality Review Panel Continuation Budget 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 $371,297 $371,297 $371,297 $371,297 State General Funds $371,297 $371,297 $371,297 $371,297 TOTAL FEDERAL FUNDS $65,000 $65,000 $65,000 $65,000 Federal Funds Not Itemized $65,000 $65,000 $65,000 $65,000 TOTAL PUBLIC FUNDS $436,297 $436,297 $436,297 $436,297 191.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($302) ($302) ($302) 191.100 -Child Fatality Review Panel Appropriation (HB 989) 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 $371,297 $370,995 $370,995 $370,995 State General Funds $371,297 $370,995 $370,995 $370,995 TOTAL FEDERAL FUNDS $65,000 $65,000 $65,000 $65,000 Federal Funds Not Itemized $65,000 $65,000 $65,000 $65,000 TOTAL PUBLIC FUNDS $436,297 $435,995 $435,995 $435,995 Child Support Services Continuation Budget The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS State General Funds $21,668,683 $21,668,683 $21,668,683 $21,668,683 $21,668,683 $21,668,683 $21,668,683 $21,668,683 THURSDAY, MARCH 20, 2008 2043 TOTAL FEDERAL FUNDS $52,561,532 $52,561,532 $52,561,532 $52,561,532 Federal Funds Not Itemized $52,441,532 $52,441,532 $52,441,532 $52,441,532 Social Services Block Grant CFDA93.667 $120,000 $120,000 $120,000 $120,000 TOTAL AGENCY FUNDS $2,841,500 $2,841,500 $2,841,500 $2,841,500 Sales and Services $2,841,500 $2,841,500 $2,841,500 $2,841,500 Sales and Services Not Itemized $2,841,500 $2,841,500 $2,841,500 $2,841,500 TOTAL PUBLIC FUNDS $77,071,715 $77,071,715 $77,071,715 $77,071,715 192.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds 192.2 Increase funds based on the Department's FY08 TANF spending plan. $143,928 $143,928 $143,928 Temporary Assistance for Needy Families Grant CFDA93.558 $2,000,000 $2,000,000 192.100 -Child Support Services Appropriation (HB 989) The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS $21,668,683 $21,812,611 $21,812,611 $21,812,611 State General Funds $21,668,683 $21,812,611 $21,812,611 $21,812,611 TOTAL FEDERAL FUNDS $52,561,532 $52,561,532 $54,561,532 $54,561,532 Federal Funds Not Itemized $52,441,532 $52,441,532 $52,441,532 $52,441,532 Social Services Block Grant CFDA93.667 $120,000 $120,000 $120,000 $120,000 Temporary Assistance for Needy Families $2,000,000 $2,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $2,000,000 $2,000,000 TOTAL AGENCY FUNDS $2,841,500 $2,841,500 $2,841,500 $2,841,500 Sales and Services $2,841,500 $2,841,500 $2,841,500 $2,841,500 Sales and Services Not Itemized $2,841,500 $2,841,500 $2,841,500 $2,841,500 TOTAL PUBLIC FUNDS $77,071,715 $77,215,643 $79,215,643 $79,215,643 Child Welfare Services Continuation Budget The purpose of this appropriation is to provide for the investigating of allegations of child abuse and neglect, assessing family functioning, providing in-home support, counseling and treatment services, and to provide intervention services. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 $73,149,559 $73,149,559 $133,294,489 $817,637 $73,149,559 $73,149,559 $133,294,489 $817,637 $73,149,559 $73,149,559 $133,294,489 $817,637 $73,149,559 $73,149,559 $133,294,489 $817,637 2044 JOURNAL OF THE SENATE Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 193.1 Increase funds for the projected deficit. $4,000 $17,334,517 $18,278,994 $11,331,449 $8,264,167 $77,263,725 $77,263,725 $24,846,326 $16,250 $16,250 $11,162,478 $11,162,478 $13,667,598 $13,667,598 $231,290,374 $4,000 $17,334,517 $18,278,994 $11,331,449 $8,264,167 $77,263,725 $77,263,725 $24,846,326 $16,250 $16,250 $11,162,478 $11,162,478 $13,667,598 $13,667,598 $231,290,374 $4,000 $17,334,517 $18,278,994 $11,331,449 $8,264,167 $77,263,725 $77,263,725 $24,846,326 $16,250 $16,250 $11,162,478 $11,162,478 $13,667,598 $13,667,598 $231,290,374 $4,000 $17,334,517 $18,278,994 $11,331,449 $8,264,167 $77,263,725 $77,263,725 $24,846,326 $16,250 $16,250 $11,162,478 $11,162,478 $13,667,598 $13,667,598 $231,290,374 State General Funds $15,883,875 $14,083,875 193.2 Increase funds to reflect anticipated receipt of federal funds. $14,083,875 $14,083,875 Federal Funds Not Itemized $1,203,019 $1,203,019 $1,203,019 Foster Care Title IV-E CFDA93.658 $7,000,000 $7,000,000 $7,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $26,024,293 $26,024,293 $4,024,293 TANF Transfers to Social Services Block Grant per 42 USC 604 $22,000,000 TOTAL PUBLIC FUNDS $34,227,312 $34,227,312 $34,227,312 193.3 Transfer funds from the Out-of-Home Care program to align the budget with projected expenditures. $1,203,019 $7,000,000 $4,024,293 $22,000,000 $34,227,312 State General Funds $13,000,000 $13,000,000 $13,000,000 $13,000,000 193.4 Transfer funds from the Departmental Administration program to align the budget with projected expenditures. State General Funds $5,000,000 $5,000,000 $5,000,000 $5,000,000 193.5 Transfer funds from the Support for Needy Families-Work Assistance program to align the budget with projected expenditures. State General Funds $6,380,234 $6,380,234 $6,380,234 $6,380,234 193.6 Transfer funds from the Support for Needy Families-Family Assistance program to align the budget with projected expenditures. State General Funds $8,935,293 $8,935,293 $8,935,293 $8,935,293 THURSDAY, MARCH 20, 2008 2045 193.7 Transfer funds to the Child and Adolescent Mental Health program to align the budget with projected expenditures. State General Funds ($412,329) ($412,329) ($412,329) ($412,329) 193.8 Transfer funds to the Out-of-Home Care program to reflect the initial and annual clothing allowance budget in the correct program. State General Funds ($1,486,400) ($1,486,400) ($1,486,400) ($1,486,400) 193.9 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $775,834 $775,834 $775,834 193.99 CC: The purpose of this appropriation is to provide for the investigating of allegations of child abuse and neglect, assessing family functioning, providing in-home support, counseling and treatment services, and to provide intervention services. 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 $0 193.100 -Child Welfare Services Appropriation (HB 989) The purpose of this appropriation is to provide for the investigating of allegations of child abuse and neglect, assessing family functioning, providing in-home support, counseling and treatment services, and to provide intervention services. TOTAL STATE FUNDS $120,450,232 $119,426,066 $119,426,066 $119,426,066 State General Funds $120,450,232 $119,426,066 $119,426,066 $119,426,066 TOTAL FEDERAL FUNDS $167,521,801 $167,521,801 $167,521,801 $167,521,801 CCDF Mandatory & Matching Funds CFDA93.596 $817,637 $817,637 $817,637 $817,637 Community Services Block Grant CFDA93.569 $4,000 $4,000 $4,000 $4,000 Federal Funds Not Itemized $18,537,536 $18,537,536 $18,537,536 $18,537,536 Foster Care Title IV-E CFDA93.658 $25,278,994 $25,278,994 $25,278,994 $25,278,994 Medical Assistance Program CFDA93.778 $11,331,449 $11,331,449 $11,331,449 $11,331,449 Social Services Block Grant CFDA93.667 $8,264,167 $8,264,167 $8,264,167 $8,264,167 Temporary Assistance for Needy Families $103,288,018 $103,288,018 $103,288,018 $103,288,018 Temporary Assistance for Needy Families Grant CFDA93.558 $103,288,018 $103,288,018 $81,288,018 $81,288,018 TANF Transfers to Social Services Block Grant per 42 USC 604 $22,000,000 $22,000,000 TOTAL AGENCY FUNDS $24,846,326 $24,846,326 $24,846,326 $24,846,326 Contributions, Donations, and Forfeitures $16,250 $16,250 $16,250 $16,250 Contributions, Donations, and Forfeitures Not Itemized $16,250 $16,250 $16,250 $16,250 Reserved Fund Balances $11,162,478 $11,162,478 $11,162,478 $11,162,478 2046 JOURNAL OF THE SENATE Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $11,162,478 $13,667,598 $13,667,598 $312,818,359 $11,162,478 $13,667,598 $13,667,598 $311,794,193 $11,162,478 $13,667,598 $13,667,598 $311,794,193 $11,162,478 $13,667,598 $13,667,598 $311,794,193 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TANF Maintenance-of-Effort from External Sources Contributions, Donations, and Forfeitures 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 $120,092,508 $119,770,524 $321,984 $123,483,461 $1,293,026 $308,015 $4,069 $44,989,030 $9,837,170 $346,557 $31,567,459 $31,070 $9,953,930 $25,153,135 $25,153,135 $23,872,058 $18,000,008 $18,000,000 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,840 $120,092,508 $119,770,524 $321,984 $123,483,461 $1,293,026 $308,015 $4,069 $44,989,030 $9,837,170 $346,557 $31,567,459 $31,070 $9,953,930 $25,153,135 $25,153,135 $23,872,058 $18,000,008 $18,000,000 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,840 $120,092,508 $119,770,524 $321,984 $123,483,461 $1,293,026 $308,015 $4,069 $44,989,030 $9,837,170 $346,557 $31,567,459 $31,070 $9,953,930 $25,153,135 $25,153,135 $23,872,058 $18,000,008 $18,000,000 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,840 $120,092,508 $119,770,524 $321,984 $123,483,461 $1,293,026 $308,015 $4,069 $44,989,030 $9,837,170 $346,557 $31,567,459 $31,070 $9,953,930 $25,153,135 $25,153,135 $23,872,058 $18,000,008 $18,000,000 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,840 THURSDAY, MARCH 20, 2008 2047 Sales and Services Not Itemized $3,628,840 $3,628,840 $3,628,840 $3,628,840 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3 $3 $3 $3 State Funds Transfers $3 $3 $3 $3 Agency to Agency Contracts $2 $2 $2 $2 Optional Medicaid Services Payments $1 $1 $1 $1 TOTAL PUBLIC FUNDS $267,448,030 $267,448,030 $267,448,030 $267,448,030 194.1 Transfer funds from the Adult Addictive Diseases Services program to align the budget with projected expenditures. State General Funds $1,938,303 $1,938,303 $1,938,303 $1,938,303 194.2 Transfer funds to the Support for Needy Families - Family Assistance program to align the budget with projected expenditures. Temporary Assistance for Needy Families Grant CFDA93.558 ($2,000,000) ($2,000,000) ($2,000,000) ($2,000,000) 194.3 Reduce funds from Maintenance of Effort (MOE) calculations to reflect cash flow to operate the program. TANF Maintenance-of-Effort from External Sources ($18,000,000) ($18,000,000) $0 $0 194.4 Transfer funds to the Child Welfare Services program to align the budget with projected expenditures. State General Funds ($5,000,000) ($5,000,000) ($5,000,000) ($5,000,000) 194.5 Transfer funds to the Child and Adolescent Mental Health Services program to align the budget with projected expenditures. State General Funds ($109,145) ($109,145) ($109,145) ($109,145) 194.6 Transfer funds to the Inspections and Environmental Hazard Control program for Environmental Health Director positions in the program where activities occur. State General Funds ($1,240,352) ($1,240,352) ($1,240,352) ($1,240,352) 194.7 Transfer funds to the Infectious Disease Control program to align the budget with the program where laboratory activities occur. State General Funds ($787,183) ($787,183) ($787,183) ($787,183) 194.8 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($245,850) ($245,850) ($245,850) 194.9 Reduce funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 ($1,568,311) ($1,568,311) 194.10 Reduce one-time funds received in the Child and Adolescent Development Disabilities program for the Matthew Reardon Center. 2048 JOURNAL OF THE SENATE State General Funds ($200,000) ($200,000) 194.100 -Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office. TOTAL STATE FUNDS $114,894,131 $114,648,281 $114,448,281 $114,448,281 State General Funds $114,572,147 $114,326,297 $114,126,297 $114,126,297 Tobacco Settlement Funds $321,984 $321,984 $321,984 $321,984 TOTAL FEDERAL FUNDS $121,483,461 $121,483,461 $119,915,150 $119,915,150 CCDF Mandatory & Matching Funds CFDA93.596 $1,293,026 $1,293,026 $1,293,026 $1,293,026 Child Care & Development Block Grant CFDA93.575 $308,015 $308,015 $308,015 $308,015 Community Services Block Grant CFDA93.569 $4,069 $4,069 $4,069 $4,069 Federal Funds Not Itemized $44,989,030 $44,989,030 $44,989,030 $44,989,030 Foster Care Title IV-E CFDA93.658 $9,837,170 $9,837,170 $9,837,170 $9,837,170 Low-Income Home Energy Assistance CFDA93.568 $346,557 $346,557 $346,557 $346,557 Medical Assistance Program CFDA93.778 $31,567,459 $31,567,459 $31,567,459 $31,567,459 Preventive Health & Health Services Block Grant CFDA93.991 $31,070 $31,070 $31,070 $31,070 Social Services Block Grant CFDA93.667 $9,953,930 $9,953,930 $9,953,930 $9,953,930 Temporary Assistance for Needy Families $23,153,135 $23,153,135 $21,584,824 $21,584,824 Temporary Assistance for Needy Families Grant CFDA93.558 $23,153,135 $23,153,135 $21,584,824 $21,584,824 TOTAL AGENCY FUNDS $5,872,058 $5,872,058 $23,872,058 $23,872,058 Contributions, Donations, and Forfeitures $8 $8 $18,000,008 $18,000,008 TANF Maintenance-of-Effort from External Sources $18,000,000 $18,000,000 Contributions, Donations, and Forfeitures Not Itemized $8 $8 $8 $8 Intergovernmental Transfers $2 $2 $2 $2 Intergovernmental Transfers Not Itemized $2 $2 $2 $2 Rebates, Refunds, and Reimbursements $2,915 $2,915 $2,915 $2,915 Rebates, Refunds, and Reimbursements Not Itemized $2,915 $2,915 $2,915 $2,915 Royalties and Rents $2,240,293 $2,240,293 $2,240,293 $2,240,293 Royalties and Rents Not Itemized $2,240,293 $2,240,293 $2,240,293 $2,240,293 Sales and Services $3,628,840 $3,628,840 $3,628,840 $3,628,840 Sales and Services Not Itemized $3,628,840 $3,628,840 $3,628,840 $3,628,840 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3 $3 $3 $3 State Funds Transfers $3 $3 $3 $3 Agency to Agency Contracts $2 $2 $2 $2 THURSDAY, MARCH 20, 2008 2049 Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $1 $1 $1 $242,249,653 $242,003,803 $258,235,492 $1 $258,235,492 Direct Care and Support Services Continuation Budget The purpose of this appropriation is to provide facility support services and direct patient support therapies. TOTAL STATE FUNDS $108,039,606 $108,039,606 $108,039,606 $108,039,606 State General Funds $108,039,606 $108,039,606 $108,039,606 $108,039,606 TOTAL FEDERAL FUNDS $6,205,532 $6,205,532 $6,205,532 $6,205,532 Federal Funds Not Itemized $6,205,526 $6,205,526 $6,205,526 $6,205,526 Medical Assistance Program CFDA93.778 $6 $6 $6 $6 TOTAL AGENCY FUNDS $43,191,003 $43,191,003 $43,191,003 $43,191,003 Contributions, Donations, and Forfeitures $266,668 $266,668 $266,668 $266,668 Contributions, Donations, and Forfeitures Not Itemized $266,668 $266,668 $266,668 $266,668 Reserved Fund Balances $148,000 $148,000 $148,000 $148,000 Reserved Fund Balances Not Itemized $148,000 $148,000 $148,000 $148,000 Sales and Services $42,776,335 $42,776,335 $42,776,335 $42,776,335 Sales and Services Not Itemized $42,776,335 $42,776,335 $42,776,335 $42,776,335 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,155,534 $5,155,534 $5,155,534 $5,155,534 State Funds Transfers $5,155,534 $5,155,534 $5,155,534 $5,155,534 Agency to Agency Contracts $5,155,534 $5,155,534 $5,155,534 $5,155,534 TOTAL PUBLIC FUNDS $162,591,675 $162,591,675 $162,591,675 $162,591,675 195.1 Transfer funds from the Child and Adolescent Mental Health Services program to align the budget with projected expenditures. State General Funds $766,723 $766,723 $766,723 $766,723 195.2 Transfer funds from the Adult Addictive Diseases Services program to align the budget with projected expenditures. State General Funds $146,613 $146,613 $146,613 $146,613 195.3 Transfer funds from the Child and Adolescent Addictive Diseases Services program to align the budget with projected expenditures. State General Funds $1,868,277 195.4 Increase funds to improve hospital operations and quality of care. $1,868,277 $1,868,277 $1,868,277 State General Funds $7,200,000 $7,200,000 $7,200,000 $7,200,000 195.5 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet 2050 JOURNAL OF THE SENATE the requirements of the agency-wide approved plan. State General Funds ($106,697) ($106,697) 195.100 -Direct Care and Support Services Appropriation (HB 989) The purpose of this appropriation is to provide facility support services and direct patient support therapies. TOTAL STATE FUNDS $118,021,219 $117,914,522 $117,914,522 State General Funds $118,021,219 $117,914,522 $117,914,522 TOTAL FEDERAL FUNDS $6,205,532 $6,205,532 $6,205,532 Federal Funds Not Itemized $6,205,526 $6,205,526 $6,205,526 Medical Assistance Program CFDA93.778 $6 $6 $6 TOTAL AGENCY FUNDS $43,191,003 $43,191,003 $43,191,003 Contributions, Donations, and Forfeitures $266,668 $266,668 $266,668 Contributions, Donations, and Forfeitures Not Itemized $266,668 $266,668 $266,668 Reserved Fund Balances $148,000 $148,000 $148,000 Reserved Fund Balances Not Itemized $148,000 $148,000 $148,000 Sales and Services $42,776,335 $42,776,335 $42,776,335 Sales and Services Not Itemized $42,776,335 $42,776,335 $42,776,335 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,155,534 $5,155,534 $5,155,534 State Funds Transfers $5,155,534 $5,155,534 $5,155,534 Agency to Agency Contracts $5,155,534 $5,155,534 $5,155,534 TOTAL PUBLIC FUNDS $172,573,288 $172,466,591 $172,466,591 ($106,697) $117,914,522 $117,914,522 $6,205,532 $6,205,526 $6 $43,191,003 $266,668 $266,668 $148,000 $148,000 $42,776,335 $42,776,335 $5,155,534 $5,155,534 $5,155,534 $172,466,591 Elder Abuse Investigations and Prevention Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized $10,200,245 $10,200,245 $7,049,297 $591,695 $4,178,063 $2,279,539 $45,260 $45,260 $45,260 $10,200,245 $10,200,245 $7,049,297 $591,695 $4,178,063 $2,279,539 $45,260 $45,260 $45,260 $10,200,245 $10,200,245 $7,049,297 $591,695 $4,178,063 $2,279,539 $45,260 $45,260 $45,260 $10,200,245 $10,200,245 $7,049,297 $591,695 $4,178,063 $2,279,539 $45,260 $45,260 $45,260 THURSDAY, MARCH 20, 2008 2051 TOTAL PUBLIC FUNDS $17,294,802 $17,294,802 $17,294,802 $17,294,802 196.1 Increase funds to replace Targeted Case Management funds for the provision of Adult Protective Services. State General Funds $1,800,000 $3,400,000 196.2 Reduce funds to reflect the loss of federal funds from revisions of the administrative rules. $3,400,000 $3,400,000 Medical Assistance Program CFDA93.778 ($1,800,000) ($1,800,000) ($1,800,000) ($1,800,000) 196.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $16,501 $16,501 $16,501 196.100 -Elder Abuse Investigations and Prevention Appropriation (HB 989) 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. TOTAL STATE FUNDS $12,000,245 $13,616,746 $13,616,746 $13,616,746 State General Funds $12,000,245 $13,616,746 $13,616,746 $13,616,746 TOTAL FEDERAL FUNDS $5,249,297 $5,249,297 $5,249,297 $5,249,297 Federal Funds Not Itemized $591,695 $591,695 $591,695 $591,695 Medical Assistance Program CFDA93.778 $2,378,063 $2,378,063 $2,378,063 $2,378,063 Social Services Block Grant CFDA93.667 $2,279,539 $2,279,539 $2,279,539 $2,279,539 TOTAL AGENCY FUNDS $45,260 $45,260 $45,260 $45,260 Sales and Services $45,260 $45,260 $45,260 $45,260 Sales and Services Not Itemized $45,260 $45,260 $45,260 $45,260 TOTAL PUBLIC FUNDS $17,294,802 $18,911,303 $18,911,303 $18,911,303 Elder Community Living Services Continuation Budget 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 State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 $78,165,981 $74,501,248 $3,664,733 $41,149,138 $23,789,037 $13,598,671 $3,761,430 $78,165,981 $74,501,248 $3,664,733 $41,149,138 $23,789,037 $13,598,671 $3,761,430 $78,165,981 $74,501,248 $3,664,733 $41,149,138 $23,789,037 $13,598,671 $3,761,430 $78,165,981 $74,501,248 $3,664,733 $41,149,138 $23,789,037 $13,598,671 $3,761,430 2052 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $119,315,119 $119,315,119 $119,315,119 $119,315,119 197.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($2,001) ($2,001) ($2,001) 197.100 -Elder Community Living Services Appropriation (HB 989) 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 $78,165,981 $78,163,980 $78,163,980 $78,163,980 State General Funds $74,501,248 $74,499,247 $74,499,247 $74,499,247 Tobacco Settlement Funds $3,664,733 $3,664,733 $3,664,733 $3,664,733 TOTAL FEDERAL FUNDS $41,149,138 $41,149,138 $41,149,138 $41,149,138 Federal Funds Not Itemized $23,789,037 $23,789,037 $23,789,037 $23,789,037 Medical Assistance Program CFDA93.778 $13,598,671 $13,598,671 $13,598,671 $13,598,671 Social Services Block Grant CFDA93.667 $3,761,430 $3,761,430 $3,761,430 $3,761,430 TOTAL PUBLIC FUNDS $119,315,119 $119,313,118 $119,313,118 $119,313,118 Elder Support Services Continuation Budget 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 $3,557,708 $3,557,708 $3,557,708 $3,557,708 State General Funds $1,030,635 $1,030,635 $1,030,635 $1,030,635 Tobacco Settlement Funds $2,527,073 $2,527,073 $2,527,073 $2,527,073 TOTAL FEDERAL FUNDS $5,901,407 $5,901,407 $5,901,407 $5,901,407 Federal Funds Not Itemized $5,901,407 $5,901,407 $5,901,407 $5,901,407 TOTAL PUBLIC FUNDS $9,459,115 $9,459,115 $9,459,115 $9,459,115 198.1 Increase funds for Meals on Wheels and congregate meals for at-risk seniors to replace the loss of federal funds. State General Funds $300,000 $300,000 $0 198.2 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($163) ($163) ($163) 198.100 -Elder Support Services Appropriation (HB 989) 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. THURSDAY, MARCH 20, 2008 2053 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $3,557,708 $1,030,635 $2,527,073 $5,901,407 $5,901,407 $9,459,115 $3,857,545 $1,330,472 $2,527,073 $5,901,407 $5,901,407 $9,758,952 $3,857,545 $1,330,472 $2,527,073 $5,901,407 $5,901,407 $9,758,952 $3,557,545 $1,030,472 $2,527,073 $5,901,407 $5,901,407 $9,458,952 Eligibility Determination Continuation Budget 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. TOTAL STATE FUNDS $26,942,155 $26,942,155 $26,942,155 $26,942,155 State General Funds $26,942,155 $26,942,155 $26,942,155 $26,942,155 TOTAL FEDERAL FUNDS $28,565,198 $28,565,198 $28,565,198 $28,565,198 Medical Assistance Program CFDA93.778 $28,565,198 $28,565,198 $28,565,198 $28,565,198 TOTAL AGENCY FUNDS $4,187,397 $4,187,397 $4,187,397 $4,187,397 Intergovernmental Transfers $4,187,397 $4,187,397 $4,187,397 $4,187,397 Intergovernmental Transfers Not Itemized $4,187,397 $4,187,397 $4,187,397 $4,187,397 TOTAL PUBLIC FUNDS $59,694,750 $59,694,750 $59,694,750 $59,694,750 199.1 Transfer funds from the Support for Needy Families-Work Assistance program to align the budget with projected expenditures. State General Funds $11,924,766 $11,924,766 $11,924,766 199.2 Transfer funds from the Out-of-Home Care program to align the budget with projected expenditures. $11,924,766 State General Funds $3,978,140 $3,978,140 $3,978,140 $3,978,140 199.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $55,610 $55,610 $55,610 199.100 -Eligibility Determination Appropriation (HB 989) 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. TOTAL STATE FUNDS $42,845,061 $42,900,671 $42,900,671 $42,900,671 State General Funds $42,845,061 $42,900,671 $42,900,671 $42,900,671 TOTAL FEDERAL FUNDS $28,565,198 $28,565,198 $28,565,198 $28,565,198 Medical Assistance Program CFDA93.778 $28,565,198 $28,565,198 $28,565,198 $28,565,198 TOTAL AGENCY FUNDS $4,187,397 $4,187,397 $4,187,397 $4,187,397 2054 JOURNAL OF THE SENATE Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $4,187,397 $4,187,397 $75,597,656 $4,187,397 $4,187,397 $75,653,266 $4,187,397 $4,187,397 $75,653,266 $4,187,397 $4,187,397 $75,653,266 Emergency Preparedness / Trauma System Improvement Continuation Budget 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. TOTAL STATE FUNDS $13,347,797 $13,347,797 $13,347,797 $13,347,797 State General Funds $13,347,797 $13,347,797 $13,347,797 $13,347,797 TOTAL FEDERAL FUNDS $42,120,108 $42,120,108 $42,120,108 $42,120,108 Federal Funds Not Itemized $40,972,604 $40,972,604 $40,972,604 $40,972,604 Preventive Health & Health Services Block Grant CFDA93.991 $1,147,504 $1,147,504 $1,147,504 $1,147,504 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1 $1 $1 $1 State Funds Transfers $1 $1 $1 $1 Agency to Agency Contracts $1 $1 $1 $1 TOTAL PUBLIC FUNDS $55,467,906 $55,467,906 $55,467,906 $55,467,906 200.1 Increase funds for Georgia's Trauma Network Commission to reimburse trauma expenses for physicians, emergency medical services providers, and hospitals to improve the trauma network. State General Funds $53,402,769 $53,402,769 $53,402,769 $53,402,769 200.2 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($5,445) ($5,445) ($5,445) 200.3 Increase funds for trauma related capital equipment, including but not limited to ambulances and emergency medical helicopters. (CC:Provide additional funds for trauma and authorize the purchase of capital equipment at the discretion of the trauma commission) State General Funds $6,463,332 $5,500,000 200.100 -Emergency Preparedness / Trauma System Improvement Appropriation (HB 989) 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. TOTAL STATE FUNDS $66,750,566 $66,745,121 $73,208,453 $72,245,121 State General Funds $66,750,566 $66,745,121 $73,208,453 $72,245,121 TOTAL FEDERAL FUNDS $42,120,108 $42,120,108 $42,120,108 $42,120,108 THURSDAY, MARCH 20, 2008 2055 Federal Funds Not Itemized $40,972,604 Preventive Health & Health Services Block Grant CFDA93.991 $1,147,504 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1 State Funds Transfers $1 Agency to Agency Contracts $1 TOTAL PUBLIC FUNDS $108,870,675 $40,972,604 $1,147,504 $1 $1 $1 $108,865,230 $40,972,604 $1,147,504 $1 $1 $1 $115,328,562 $40,972,604 $1,147,504 $1 $1 $1 $114,365,230 Energy Assistance Continuation Budget The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs. TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 TOTAL FEDERAL FUNDS $24,281,180 $24,281,180 $24,281,180 $24,281,180 Low-Income Home Energy Assistance CFDA93.568 $24,281,180 $24,281,180 $24,281,180 $24,281,180 TOTAL AGENCY FUNDS $4,384,452 $4,384,452 $4,384,452 $4,384,452 Contributions, Donations, and Forfeitures $804,904 $804,904 $804,904 $804,904 Contributions, Donations, and Forfeitures Not Itemized $804,904 $804,904 $804,904 $804,904 Intergovernmental Transfers $3,579,548 $3,579,548 $3,579,548 $3,579,548 Intergovernmental Transfers Not Itemized $3,579,548 $3,579,548 $3,579,548 $3,579,548 TOTAL PUBLIC FUNDS $28,665,632 $28,665,632 $28,665,632 $28,665,632 201.100 -Energy Assistance Appropriation (HB 989) The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs. TOTAL FEDERAL FUNDS $24,281,180 $24,281,180 $24,281,180 $24,281,180 Low-Income Home Energy Assistance CFDA93.568 $24,281,180 $24,281,180 $24,281,180 $24,281,180 TOTAL AGENCY FUNDS $4,384,452 $4,384,452 $4,384,452 $4,384,452 Contributions, Donations, and Forfeitures $804,904 $804,904 $804,904 $804,904 Contributions, Donations, and Forfeitures Not Itemized $804,904 $804,904 $804,904 $804,904 Intergovernmental Transfers $3,579,548 $3,579,548 $3,579,548 $3,579,548 Intergovernmental Transfers Not Itemized $3,579,548 $3,579,548 $3,579,548 $3,579,548 TOTAL PUBLIC FUNDS $28,665,632 $28,665,632 $28,665,632 $28,665,632 Epidemiology Continuation Budget The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. TOTAL STATE FUNDS $6,116,285 $6,116,285 $6,116,285 $6,116,285 2056 JOURNAL OF THE SENATE State General Funds $6,000,648 $6,000,648 $6,000,648 Tobacco Settlement Funds $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $5,008,425 $5,008,425 $5,008,425 Federal Funds Not Itemized $4,606,155 $4,606,155 $4,606,155 Medical Assistance Program CFDA93.778 $205,520 $205,520 $205,520 Preventive Health & Health Services Block Grant CFDA93.991 $196,750 $196,750 $196,750 TOTAL AGENCY FUNDS $111,062 $111,062 $111,062 Contributions, Donations, and Forfeitures $111,062 $111,062 $111,062 Contributions, Donations, and Forfeitures Not Itemized $111,062 $111,062 $111,062 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $52,820 $52,820 $52,820 State Funds Transfers $52,820 $52,820 $52,820 Agency to Agency Contracts $52,820 $52,820 $52,820 TOTAL PUBLIC FUNDS $11,288,592 $11,288,592 $11,288,592 202.1 Transfer funds to the Infant and Child Essential Health Treatment Services program for a sickle cell bus. $6,000,648 $115,637 $5,008,425 $4,606,155 $205,520 $196,750 $111,062 $111,062 $111,062 $52,820 $52,820 $52,820 $11,288,592 State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 202.2 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($21,192) ($21,192) ($21,192) 202.100 -Epidemiology Appropriation (HB 989) The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. TOTAL STATE FUNDS $5,816,285 $5,795,093 $5,795,093 $5,795,093 State General Funds $5,700,648 $5,679,456 $5,679,456 $5,679,456 Tobacco Settlement Funds $115,637 $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $5,008,425 $5,008,425 $5,008,425 $5,008,425 Federal Funds Not Itemized $4,606,155 $4,606,155 $4,606,155 $4,606,155 Medical Assistance Program CFDA93.778 $205,520 $205,520 $205,520 $205,520 Preventive Health & Health Services Block Grant CFDA93.991 $196,750 $196,750 $196,750 $196,750 TOTAL AGENCY FUNDS $111,062 $111,062 $111,062 $111,062 Contributions, Donations, and Forfeitures $111,062 $111,062 $111,062 $111,062 Contributions, Donations, and Forfeitures Not Itemized $111,062 $111,062 $111,062 $111,062 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $52,820 $52,820 $52,820 $52,820 State Funds Transfers $52,820 $52,820 $52,820 $52,820 Agency to Agency Contracts $52,820 $52,820 $52,820 $52,820 THURSDAY, MARCH 20, 2008 2057 TOTAL PUBLIC FUNDS $10,988,592 $10,967,400 $10,967,400 $10,967,400 Facility and Provider Regulation Continuation Budget The purpose of this appropriation is to inspect and license adult day services, foster care residential facilities, child placing agencies, long term care and health care facilities. TOTAL STATE FUNDS $7,995,191 $7,995,191 $7,995,191 $7,995,191 State General Funds $7,995,191 $7,995,191 $7,995,191 $7,995,191 TOTAL FEDERAL FUNDS $7,153,894 $7,153,894 $7,153,894 $7,153,894 Federal Funds Not Itemized $4,770,250 $4,770,250 $4,770,250 $4,770,250 Foster Care Title IV-E CFDA93.658 $287,568 $287,568 $287,568 $287,568 Medical Assistance Program CFDA93.778 $2,096,076 $2,096,076 $2,096,076 $2,096,076 TOTAL PUBLIC FUNDS $15,149,085 $15,149,085 $15,149,085 $15,149,085 203.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $23,895 $23,895 $23,895 203.100 -Facility and Provider Regulation Appropriation (HB 989) The purpose of this appropriation is to inspect and license adult day services, foster care residential facilities, child placing agencies, long term care and health care facilities. TOTAL STATE FUNDS $7,995,191 $8,019,086 $8,019,086 $8,019,086 State General Funds $7,995,191 $8,019,086 $8,019,086 $8,019,086 TOTAL FEDERAL FUNDS $7,153,894 $7,153,894 $7,153,894 $7,153,894 Federal Funds Not Itemized $4,770,250 $4,770,250 $4,770,250 $4,770,250 Foster Care Title IV-E CFDA93.658 $287,568 $287,568 $287,568 $287,568 Medical Assistance Program CFDA93.778 $2,096,076 $2,096,076 $2,096,076 $2,096,076 TOTAL PUBLIC FUNDS $15,149,085 $15,172,980 $15,172,980 $15,172,980 Family Connection Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 $9,406,637 $9,406,637 $2,468,771 $1,268,771 $9,406,637 $9,406,637 $2,468,771 $1,268,771 $9,406,637 $9,406,637 $2,468,771 $1,268,771 $9,406,637 $9,406,637 $2,468,771 $1,268,771 2058 JOURNAL OF THE SENATE Temporary Assistance for Needy Families $1,200,000 $1,200,000 $1,200,000 $1,200,000 Temporary Assistance for Needy Families Grant CFDA93.558 $1,200,000 $1,200,000 $1,200,000 $1,200,000 TOTAL PUBLIC FUNDS $11,875,408 $11,875,408 $11,875,408 $11,875,408 204.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($188) ($188) ($188) 204.100 -Family Connection Appropriation (HB 989) 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 $9,406,637 $9,406,449 $9,406,449 $9,406,449 State General Funds $9,406,637 $9,406,449 $9,406,449 $9,406,449 TOTAL FEDERAL FUNDS $2,468,771 $2,468,771 $2,468,771 $2,468,771 Medical Assistance Program CFDA93.778 $1,268,771 $1,268,771 $1,268,771 $1,268,771 Temporary Assistance for Needy Families $1,200,000 $1,200,000 $1,200,000 $1,200,000 Temporary Assistance for Needy Families Grant CFDA93.558 $1,200,000 $1,200,000 $1,200,000 $1,200,000 TOTAL PUBLIC FUNDS $11,875,408 $11,875,220 $11,875,220 $11,875,220 Family Violence Services Continuation Budget The purpose of this appropriation is to provide safe shelter and related services for victims of family violence. 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 $7,848,758 $7,848,758 $7,848,758 Federal Funds Not Itemized $2,083,044 $2,083,044 $2,083,044 Preventive Health & Health Services Block Grant CFDA93.991 $200,470 $200,470 $200,470 Temporary Assistance for Needy Families $5,565,244 $5,565,244 $5,565,244 Temporary Assistance for Needy Families Grant CFDA93.558 $5,565,244 $5,565,244 $5,565,244 TOTAL PUBLIC FUNDS $12,550,708 $12,550,708 $12,550,708 205.100 -Family Violence Services Appropriation (HB 989) The purpose of this appropriation is to provide safe shelter and related services for victims of family violence. 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 $7,848,758 $7,848,758 $7,848,758 Federal Funds Not Itemized $2,083,044 $2,083,044 $2,083,044 $4,701,950 $4,701,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $12,550,708 $4,701,950 $4,701,950 $7,848,758 $2,083,044 THURSDAY, MARCH 20, 2008 2059 Preventive Health & Health Services Block Grant CFDA93.991 $200,470 Temporary Assistance for Needy Families $5,565,244 Temporary Assistance for Needy Families Grant CFDA93.558 $5,565,244 TOTAL PUBLIC FUNDS $12,550,708 $200,470 $5,565,244 $5,565,244 $12,550,708 $200,470 $5,565,244 $5,565,244 $12,550,708 $200,470 $5,565,244 $5,565,244 $12,550,708 Federal Unobligated Balances Continuation Budget The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are provided. TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 TOTAL FEDERAL FUNDS $39,024,293 $39,024,293 $39,024,293 $39,024,293 TANF Unobligated Balance per 42 USC 604 $39,024,293 $39,024,293 $39,024,293 $39,024,293 TOTAL PUBLIC FUNDS $39,024,293 $39,024,293 $39,024,293 $39,024,293 206.1 Transfer funds to the Out-of-Home Care program to cover the projected shortfall. (S and CC:Reflect Unobligated Balance Usage in the Support for Needy Families-Basic Assistance Program) TANF Unobligated Balance per 42 USC 604 ($39,024,293) ($39,024,293) ($65,652,812) ($65,652,812) 206.2 Increase funds to reflect the federal unobligated balance on the ACF-196 submission form as of September 30, 2007. TANF Unobligated Balance per 42 USC 604 $114,247,340 $114,247,340 206.100 -Federal Unobligated Balances Appropriation (HB 989) The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are provided. TOTAL FEDERAL FUNDS $87,618,821 $87,618,821 TANF Unobligated Balance per 42 USC 604 $87,618,821 $87,618,821 TOTAL PUBLIC FUNDS $87,618,821 $87,618,821 Food Stamp Eligibility and Benefits Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services $25,547,915 $25,547,915 $31,522,747 $31,522,747 $12,409 $12,409 $25,547,915 $25,547,915 $31,522,747 $31,522,747 $12,409 $12,409 $25,547,915 $25,547,915 $31,522,747 $31,522,747 $12,409 $12,409 $25,547,915 $25,547,915 $31,522,747 $31,522,747 $12,409 $12,409 2060 JOURNAL OF THE SENATE Sales and Services Not Itemized $12,409 $12,409 $12,409 $12,409 TOTAL PUBLIC FUNDS $57,083,071 $57,083,071 $57,083,071 $57,083,071 207.1 Transfer funds from the Support for Needy Families-Family Assistance program to align the budget with projected expenditures. State General Funds $2,564,707 $2,564,707 $2,564,707 $2,564,707 207.2 Transfer funds from the Support for Needy Families-Basic Assistance program to align the budget with projected expenditures. State General Funds $8,715,527 $8,715,527 $8,715,527 207.3 Transfer funds from the Out-of-Home Care program to align the budget with projected expenditures. $8,715,527 State General Funds $2,118,076 $2,118,076 $2,118,076 $2,118,076 207.4 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $88,045 $88,045 $88,045 207.100 -Food Stamp Eligibility and Benefits Appropriation (HB 989) 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. TOTAL STATE FUNDS $38,946,225 $39,034,270 $39,034,270 $39,034,270 State General Funds $38,946,225 $39,034,270 $39,034,270 $39,034,270 TOTAL FEDERAL FUNDS $31,522,747 $31,522,747 $31,522,747 $31,522,747 Federal Funds Not Itemized $31,522,747 $31,522,747 $31,522,747 $31,522,747 TOTAL AGENCY FUNDS $12,409 $12,409 $12,409 $12,409 Sales and Services $12,409 $12,409 $12,409 $12,409 Sales and Services Not Itemized $12,409 $12,409 $12,409 $12,409 TOTAL PUBLIC FUNDS $70,481,381 $70,569,426 $70,569,426 $70,569,426 Immunization Continuation Budget The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 $11,725,931 $11,725,931 $14,566,629 $7,100,170 $6,762,746 $11,725,931 $11,725,931 $14,566,629 $7,100,170 $6,762,746 $11,725,931 $11,725,931 $14,566,629 $7,100,170 $6,762,746 $11,725,931 $11,725,931 $14,566,629 $7,100,170 $6,762,746 THURSDAY, MARCH 20, 2008 2061 Medical Assistance Program CFDA93.778 $1 $1 $1 $1 Preventive Health & Health Services Block Grant CFDA93.991 $703,712 $703,712 $703,712 $703,712 TOTAL PUBLIC FUNDS $26,292,560 $26,292,560 $26,292,560 $26,292,560 208.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($27,119) ($27,119) ($27,119) 208.100 -Immunization Appropriation (HB 989) The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $11,725,931 $11,698,812 $11,698,812 $11,698,812 State General Funds $11,725,931 $11,698,812 $11,698,812 $11,698,812 TOTAL FEDERAL FUNDS $14,566,629 $14,566,629 $14,566,629 $14,566,629 Federal Funds Not Itemized $7,100,170 $7,100,170 $7,100,170 $7,100,170 Maternal & Child Health Services Block Grant CFDA93.994 $6,762,746 $6,762,746 $6,762,746 $6,762,746 Medical Assistance Program CFDA93.778 $1 $1 $1 $1 Preventive Health & Health Services Block Grant CFDA93.991 $703,712 $703,712 $703,712 $703,712 TOTAL PUBLIC FUNDS $26,292,560 $26,265,441 $26,265,441 $26,265,441 Infant and Child Essential Health Treatment Services Continuation Budget 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 $38,961,028 $38,961,028 $38,961,028 $38,961,028 State General Funds $38,961,028 $38,961,028 $38,961,028 $38,961,028 TOTAL FEDERAL FUNDS $27,939,201 $27,939,201 $27,939,201 $27,939,201 Federal Funds Not Itemized $18,046,912 $18,046,912 $18,046,912 $18,046,912 Maternal & Child Health Services Block Grant CFDA93.994 $8,086,561 $8,086,561 $8,086,561 $8,086,561 Medical Assistance Program CFDA93.778 $1,538,372 $1,538,372 $1,538,372 $1,538,372 Preventive Health & Health Services Block Grant CFDA93.991 $267,356 $267,356 $267,356 $267,356 TOTAL PUBLIC FUNDS $66,900,229 $66,900,229 $66,900,229 $66,900,229 209.1 Transfer local grant-in-aid funds to the Inspections and Environmental Hazard Control program to reflect projected expenses. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) 209.2 Transfer funds from the Epidemiology program for a sickle cell bus. State General Funds $300,000 $300,000 $300,000 $300,000 2062 JOURNAL OF THE SENATE 209.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($60,086) ($60,086) ($60,086) 209.100 -Infant and Child Essential Health Treatment Services Appropriation (HB 989) 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 $38,261,028 $38,200,942 $38,200,942 $38,200,942 State General Funds $38,261,028 $38,200,942 $38,200,942 $38,200,942 TOTAL FEDERAL FUNDS $27,939,201 $27,939,201 $27,939,201 $27,939,201 Federal Funds Not Itemized $18,046,912 $18,046,912 $18,046,912 $18,046,912 Maternal & Child Health Services Block Grant CFDA93.994 $8,086,561 $8,086,561 $8,086,561 $8,086,561 Medical Assistance Program CFDA93.778 $1,538,372 $1,538,372 $1,538,372 $1,538,372 Preventive Health & Health Services Block Grant CFDA93.991 $267,356 $267,356 $267,356 $267,356 TOTAL PUBLIC FUNDS $66,200,229 $66,140,143 $66,140,143 $66,140,143 Infant and Child Health Promotion Continuation Budget The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS $20,972,559 State General Funds $20,972,559 TOTAL FEDERAL FUNDS $270,426,958 Federal Funds Not Itemized $258,207,935 Maternal & Child Health Services Block Grant CFDA93.994 $3,813,329 Medical Assistance Program CFDA93.778 $6,364,702 Preventive Health & Health Services Block Grant CFDA93.991 $2,040,992 TOTAL AGENCY FUNDS $2,289,216 Contributions, Donations, and Forfeitures $1 Contributions, Donations, and Forfeitures Not Itemized $1 Sales and Services $2,289,215 Sales and Services Not Itemized $2,289,215 TOTAL PUBLIC FUNDS $293,688,733 210.1 Increase funds to reflect fees collected by the newborn screening program. $20,972,559 $20,972,559 $270,426,958 $258,207,935 $3,813,329 $6,364,702 $2,040,992 $2,289,216 $1 $1 $2,289,215 $2,289,215 $293,688,733 $20,972,559 $20,972,559 $270,426,958 $258,207,935 $3,813,329 $6,364,702 $2,040,992 $2,289,216 $1 $1 $2,289,215 $2,289,215 $293,688,733 $20,972,559 $20,972,559 $270,426,958 $258,207,935 $3,813,329 $6,364,702 $2,040,992 $2,289,216 $1 $1 $2,289,215 $2,289,215 $293,688,733 State General Funds $5,600,000 $5,600,000 $5,600,000 $5,600,000 210.2 Transfer funds to the Adolescent and Adult Health Promotion program to accurately reflect salary and health benefit THURSDAY, MARCH 20, 2008 2063 increases from FY08. State General Funds ($165,188) ($165,188) ($165,188) ($165,188) 210.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $112,368 $112,368 $112,368 210.100 -Infant and Child Health Promotion Appropriation (HB 989) The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS $26,407,371 $26,519,739 $26,519,739 $26,519,739 State General Funds $26,407,371 $26,519,739 $26,519,739 $26,519,739 TOTAL FEDERAL FUNDS $270,426,958 $270,426,958 $270,426,958 $270,426,958 Federal Funds Not Itemized $258,207,935 $258,207,935 $258,207,935 $258,207,935 Maternal & Child Health Services Block Grant CFDA93.994 $3,813,329 $3,813,329 $3,813,329 $3,813,329 Medical Assistance Program CFDA93.778 $6,364,702 $6,364,702 $6,364,702 $6,364,702 Preventive Health & Health Services Block Grant CFDA93.991 $2,040,992 $2,040,992 $2,040,992 $2,040,992 TOTAL AGENCY FUNDS $2,289,216 $2,289,216 $2,289,216 $2,289,216 Contributions, Donations, and Forfeitures $1 $1 $1 $1 Contributions, Donations, and Forfeitures Not Itemized $1 $1 $1 $1 Sales and Services $2,289,215 $2,289,215 $2,289,215 $2,289,215 Sales and Services Not Itemized $2,289,215 $2,289,215 $2,289,215 $2,289,215 TOTAL PUBLIC FUNDS $299,123,545 $299,235,913 $299,235,913 $299,235,913 Infectious Disease Control Continuation Budget The purpose of this appropriation is to ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized $39,203,771 $39,203,771 $56,770,150 $56,517,550 $83,866 $168,734 $150,000 $150,000 $150,000 $39,203,771 $39,203,771 $56,770,150 $56,517,550 $83,866 $168,734 $150,000 $150,000 $150,000 $39,203,771 $39,203,771 $56,770,150 $56,517,550 $83,866 $168,734 $150,000 $150,000 $150,000 $39,203,771 $39,203,771 $56,770,150 $56,517,550 $83,866 $168,734 $150,000 $150,000 $150,000 2064 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $96,123,921 $96,123,921 $96,123,921 $96,123,921 211.1 Transfer funds from the Departmental Administration program to align the budget with the program where laboratory activities occur. State General Funds $787,183 $787,183 $787,183 $787,183 211.2 Transfer funds from the Adolescent and Adult Health Promotion program to align the budget with the program where laboratory activities occur. State General Funds $523,126 $523,126 $523,126 $523,126 Medical Assistance Program CFDA93.778 $145,397 $145,397 $145,397 $145,397 TOTAL PUBLIC FUNDS $668,523 $668,523 $668,523 $668,523 211.3 Transfer local grant-in-aid funds to the Inspections and Environmental Hazard Control program to reflect expenses. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 211.4 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($114,203) ($114,203) ($114,203) 211.100 -Infectious Disease Control Appropriation (HB 989) The purpose of this appropriation is to ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases. TOTAL STATE FUNDS $40,014,080 $39,899,877 $39,899,877 $39,899,877 State General Funds $40,014,080 $39,899,877 $39,899,877 $39,899,877 TOTAL FEDERAL FUNDS $56,915,547 $56,915,547 $56,915,547 $56,915,547 Federal Funds Not Itemized $56,517,550 $56,517,550 $56,517,550 $56,517,550 Maternal & Child Health Services Block Grant CFDA93.994 $83,866 $83,866 $83,866 $83,866 Medical Assistance Program CFDA93.778 $314,131 $314,131 $314,131 $314,131 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 $97,079,627 $96,965,424 $96,965,424 $96,965,424 Injury Prevention Continuation Budget 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. TOTAL STATE FUNDS $1,217,701 $1,217,701 $1,217,701 $1,217,701 THURSDAY, MARCH 20, 2008 2065 State General Funds $1,067,701 $1,067,701 $1,067,701 $1,067,701 Tobacco Settlement Funds $150,000 $150,000 $150,000 $150,000 TOTAL FEDERAL FUNDS $378,238 $378,238 $378,238 $378,238 Federal Funds Not Itemized $236,808 $236,808 $236,808 $236,808 Medical Assistance Program CFDA93.778 $29,425 $29,425 $29,425 $29,425 Preventive Health & Health Services Block Grant CFDA93.991 $112,005 $112,005 $112,005 $112,005 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $758,553 $758,553 $758,553 $758,553 Federal Funds Transfers $758,553 $758,553 $758,553 $758,553 FF Highway Safety Improvement Grants CFDA20.603 $14,372 $14,372 $14,372 $14,372 FF State and Community Highway Safety CFDA20.600 $744,181 $744,181 $744,181 $744,181 TOTAL PUBLIC FUNDS $2,354,492 $2,354,492 $2,354,492 $2,354,492 212.100 -Injury Prevention Appropriation (HB 989) 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. TOTAL STATE FUNDS $1,217,701 $1,217,701 $1,217,701 $1,217,701 State General Funds $1,067,701 $1,067,701 $1,067,701 $1,067,701 Tobacco Settlement Funds $150,000 $150,000 $150,000 $150,000 TOTAL FEDERAL FUNDS $378,238 $378,238 $378,238 $378,238 Federal Funds Not Itemized $236,808 $236,808 $236,808 $236,808 Medical Assistance Program CFDA93.778 $29,425 $29,425 $29,425 $29,425 Preventive Health & Health Services Block Grant CFDA93.991 $112,005 $112,005 $112,005 $112,005 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $758,553 $758,553 $758,553 $758,553 Federal Funds Transfers $758,553 $758,553 $758,553 $758,553 FF Highway Safety Improvement Grants CFDA20.603 $14,372 $14,372 $14,372 $14,372 FF State and Community Highway Safety CFDA20.600 $744,181 $744,181 $744,181 $744,181 TOTAL PUBLIC FUNDS $2,354,492 $2,354,492 $2,354,492 $2,354,492 Inspections and Environmental Hazard Control Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS $15,025,089 $15,025,089 $1,135,859 $15,025,089 $15,025,089 $1,135,859 $15,025,089 $15,025,089 $1,135,859 $15,025,089 $15,025,089 $1,135,859 2066 JOURNAL OF THE SENATE Federal Funds Not Itemized $531,262 $531,262 $531,262 $531,262 Maternal & Child Health Services Block Grant CFDA93.994 $194,703 $194,703 $194,703 $194,703 Medical Assistance Program CFDA93.778 $73,122 $73,122 $73,122 $73,122 Preventive Health & Health Services Block Grant CFDA93.991 $336,772 $336,772 $336,772 $336,772 TOTAL AGENCY FUNDS $438,262 $438,262 $438,262 $438,262 Sales and Services $438,262 $438,262 $438,262 $438,262 Sales and Services Not Itemized $438,262 $438,262 $438,262 $438,262 TOTAL PUBLIC FUNDS $16,599,210 $16,599,210 $16,599,210 $16,599,210 213.1 Transfer funds from the Departmental Administration program for Environmental Health Director positions in the program where activities occur. State General Funds $1,240,352 $1,240,352 $1,240,352 $1,240,352 213.2 Transfer local grant-in-aid funds from the Adolescent and Adult Health Promotion program to reflect projected expenses. State General Funds $1,000,000 $1,000,000 $1,000,000 $1,000,000 213.3 Transfer local grant-in-aid funds from the Infant and Child Essential Health Treatment Services program to reflect projected expenses. State General Funds $1,000,000 $1,000,000 $1,000,000 $1,000,000 213.4 Transfer local grant-in-aid funds from the Infectious Disease Control program to reflect projected expenses. State General Funds $500,000 $500,000 $500,000 $500,000 213.5 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($14,750) ($14,750) ($14,750) 213.100 -Inspections and Environmental Hazard Control Appropriation (HB 989) 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 $18,765,441 $18,750,691 $18,750,691 $18,750,691 State General Funds $18,765,441 $18,750,691 $18,750,691 $18,750,691 TOTAL FEDERAL FUNDS $1,135,859 $1,135,859 $1,135,859 $1,135,859 Federal Funds Not Itemized $531,262 $531,262 $531,262 $531,262 Maternal & Child Health Services Block Grant CFDA93.994 $194,703 $194,703 $194,703 $194,703 Medical Assistance Program CFDA93.778 $73,122 $73,122 $73,122 $73,122 Preventive Health & Health Services Block Grant CFDA93.991 $336,772 $336,772 $336,772 $336,772 TOTAL AGENCY FUNDS $438,262 $438,262 $438,262 $438,262 THURSDAY, MARCH 20, 2008 2067 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $438,262 $438,262 $20,339,562 $438,262 $438,262 $20,324,812 $438,262 $438,262 $20,324,812 $438,262 $438,262 $20,324,812 Out of Home Care Continuation Budget 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. TOTAL STATE FUNDS $113,680,260 $113,680,260 $113,680,260 $113,680,260 State General Funds $113,680,260 $113,680,260 $113,680,260 $113,680,260 TOTAL FEDERAL FUNDS $80,561,643 $80,561,643 $80,561,643 $80,561,643 Federal Funds Not Itemized $4,602,491 $4,602,491 $4,602,491 $4,602,491 Foster Care Title IV-E CFDA93.658 $24,169,353 $24,169,353 $24,169,353 $24,169,353 Temporary Assistance for Needy Families $51,789,799 $51,789,799 $51,789,799 $51,789,799 Temporary Assistance for Needy Families Grant CFDA93.558 $51,789,799 $51,789,799 $51,789,799 $51,789,799 TOTAL AGENCY FUNDS $15,372,629 $15,372,629 $15,372,629 $15,372,629 Sales and Services $15,372,629 $15,372,629 $15,372,629 $15,372,629 Sales and Services Not Itemized $15,372,629 $15,372,629 $15,372,629 $15,372,629 TOTAL PUBLIC FUNDS $209,614,532 $209,614,532 $209,614,532 $209,614,532 214.1 Transfer funds from the Child Welfare Services program to properly reflect the initial and annual clothing allowance budget in the correct program. State General Funds $1,486,400 $1,486,400 $1,486,400 214.2 Transfer funds to the Child Welfare Services program to align the budget with projected expenditures. $1,486,400 State General Funds ($13,000,000) ($13,000,000) ($13,000,000) ($13,000,000) 214.3 Transfer funds to the Eligibility Determination program to align the budget with projected expenditures. State General Funds ($3,978,140) ($3,978,140) ($3,978,140) ($3,978,140) 214.4 Transfer funds to the Food Stamp Eligibility and Benefits program to align the budget with projected expenditures. State General Funds ($2,118,076) ($2,118,076) ($2,118,076) ($2,118,076) 214.5 Transfer funds to the Adoption Services program to align the budget with projected expenditures. State General Funds ($2,623,790) ($2,623,790) ($2,623,790) ($2,623,790) 214.6 Transfer funds from the Federal and Unobligated Balances program to cover a projected shortfall. Temporary Assistance for Needy Families Grant CFDA93.558 $39,024,293 $39,024,293 2068 JOURNAL OF THE SENATE TANF Unobligated Balance per 42 USC 604 $39,024,293 $39,024,293 $0 $0 TOTAL PUBLIC FUNDS $39,024,293 $39,024,293 214.7 Transfer funds from the Support for Needy Families - Basic Assistance program to align the budget with projected expenditures. State General Funds $1,500,000 $1,500,000 $1,500,000 $1,500,000 214.100 -Out of Home Care Appropriation (HB 989) 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. TOTAL STATE FUNDS $94,946,654 $94,946,654 $94,946,654 $94,946,654 State General Funds $94,946,654 $94,946,654 $94,946,654 $94,946,654 TOTAL FEDERAL FUNDS $119,585,936 $119,585,936 $119,585,936 $119,585,936 Federal Funds Not Itemized $4,602,491 $4,602,491 $4,602,491 $4,602,491 Foster Care Title IV-E CFDA93.658 $24,169,353 $24,169,353 $24,169,353 $24,169,353 Temporary Assistance for Needy Families $51,789,799 $51,789,799 $90,814,092 $90,814,092 Temporary Assistance for Needy Families Grant CFDA93.558 $51,789,799 $51,789,799 $90,814,092 $90,814,092 TANF Unobligated Balance per 42 USC 604 $39,024,293 $39,024,293 TOTAL AGENCY FUNDS $15,372,629 $15,372,629 $15,372,629 $15,372,629 Sales and Services $15,372,629 $15,372,629 $15,372,629 $15,372,629 Sales and Services Not Itemized $15,372,629 $15,372,629 $15,372,629 $15,372,629 TOTAL PUBLIC FUNDS $229,905,219 $229,905,219 $229,905,219 $229,905,219 Refugee Assistance Continuation Budget The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $0 $0 $4,734,006 $4,694,006 $35,000 $5,000 $5,000 $4,734,006 $0 $0 $4,734,006 $4,694,006 $35,000 $5,000 $5,000 $4,734,006 $0 $0 $4,734,006 $4,694,006 $35,000 $5,000 $5,000 $4,734,006 $0 $0 $4,734,006 $4,694,006 $35,000 $5,000 $5,000 $4,734,006 THURSDAY, MARCH 20, 2008 2069 215.100 -Refugee Assistance Appropriation (HB 989) The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees. TOTAL FEDERAL FUNDS $4,734,006 $4,734,006 $4,734,006 $4,734,006 Federal Funds Not Itemized $4,694,006 $4,694,006 $4,694,006 $4,694,006 Medical Assistance Program CFDA93.778 $35,000 $35,000 $35,000 $35,000 Temporary Assistance for Needy Families $5,000 $5,000 $5,000 $5,000 Temporary Assistance for Needy Families Grant CFDA93.558 $5,000 $5,000 $5,000 $5,000 TOTAL PUBLIC FUNDS $4,734,006 $4,734,006 $4,734,006 $4,734,006 Substance Abuse Prevention Continuation Budget 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. TOTAL STATE FUNDS $1,128,009 $1,128,009 $1,128,009 $1,128,009 State General Funds $1,128,009 $1,128,009 $1,128,009 $1,128,009 TOTAL FEDERAL FUNDS $20,528,841 $20,528,841 $20,528,841 $20,528,841 Federal Funds Not Itemized $550,400 $550,400 $550,400 $550,400 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $19,978,441 $19,978,441 $19,978,441 $19,978,441 TOTAL AGENCY FUNDS $194,000 $194,000 $194,000 $194,000 Sales and Services $194,000 $194,000 $194,000 $194,000 Sales and Services Not Itemized $194,000 $194,000 $194,000 $194,000 TOTAL PUBLIC FUNDS $21,850,850 $21,850,850 $21,850,850 $21,850,850 216.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($13,244) ($13,244) ($13,244) 216.100 -Substance Abuse Prevention Appropriation (HB 989) 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. TOTAL STATE FUNDS $1,128,009 $1,114,765 $1,114,765 $1,114,765 State General Funds $1,128,009 $1,114,765 $1,114,765 $1,114,765 TOTAL FEDERAL FUNDS $20,528,841 $20,528,841 $20,528,841 $20,528,841 Federal Funds Not Itemized $550,400 $550,400 $550,400 $550,400 Prevention & Treatment of Substance Abuse Grant CFDA93.959$19,978,441 $19,978,441 $19,978,441 $19,978,441 2070 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $194,000 $194,000 $194,000 $21,850,850 $194,000 $194,000 $194,000 $21,837,606 $194,000 $194,000 $194,000 $21,837,606 $194,000 $194,000 $194,000 $21,837,606 Support for Needy Families - Basic Assistance Continuation Budget 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 $10,315,527 $10,315,527 $10,315,527 State General Funds $10,315,527 $10,315,527 $10,315,527 TOTAL FEDERAL FUNDS $77,652,812 $77,652,812 $77,652,812 Temporary Assistance for Needy Families $43,388,953 $43,388,953 $43,388,953 Temporary Assistance for Needy Families Grant CFDA93.558 $43,388,953 $43,388,953 $43,388,953 TANF Unobligated Balance per 42 USC 604 $34,263,859 $34,263,859 $34,263,859 TOTAL PUBLIC FUNDS $87,968,339 $87,968,339 $87,968,339 217.1 Transfer funds to the Out-of-Home Care program to align the budget with projected expenditures. $10,315,527 $10,315,527 $77,652,812 $43,388,953 $43,388,953 $34,263,859 $87,968,339 State General Funds ($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000) 217.2 Transfer funds to the Food Stamp Eligibility and Benefits program to align the budget with projected expenditures. State General Funds ($8,715,527) ($8,715,527) ($8,715,527) ($8,715,527) 217.3 Reduce funds due to a reduction in caseloads. Temporary Assistance for Needy Families Grant CFDA93.558 ($12,000,000) ($12,000,000) ($12,000,000) ($12,000,000) 217.4 Replace funds so that TANF Unobligated Balances are spent on cash assistance in accordance with federal guidelines. Temporary Assistance for Needy Families Grant CFDA93.558 ($31,388,953) ($31,388,953) TANF Unobligated Balance per 42 USC 604 $31,388,953 $31,388,953 TOTAL PUBLIC FUNDS $0 $0 217.100 -Support for Needy Families - Basic Assistance Appropriation (HB 989) 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 $100,000 $100,000 $100,000 $100,000 State General Funds $100,000 $100,000 $100,000 $100,000 TOTAL FEDERAL FUNDS $65,652,812 $65,652,812 $65,652,812 $65,652,812 Temporary Assistance for Needy Families $31,388,953 $31,388,953 THURSDAY, MARCH 20, 2008 2071 Temporary Assistance for Needy Families Grant CFDA93.558 $31,388,953 TANF Unobligated Balance per 42 USC 604 $34,263,859 TOTAL PUBLIC FUNDS $65,752,812 $31,388,953 $34,263,859 $65,752,812 $65,652,812 $65,752,812 $65,652,812 $65,752,812 Support for Needy Families - Family Assistance Continuation Budget 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. TOTAL STATE FUNDS $19,744,139 $19,744,139 $19,744,139 State General Funds $19,744,139 $19,744,139 $19,744,139 TOTAL FEDERAL FUNDS $47,654,536 $47,654,536 $47,654,536 Community Services Block Grant CFDA93.569 $17,185,183 $17,185,183 $17,185,183 Federal Funds Not Itemized $1,643,225 $1,643,225 $1,643,225 Medical Assistance Program CFDA93.778 $1,300,000 $1,300,000 $1,300,000 Temporary Assistance for Needy Families $27,526,128 $27,526,128 $27,526,128 Temporary Assistance for Needy Families Grant CFDA93.558 $27,526,128 $27,526,128 $27,526,128 TOTAL PUBLIC FUNDS $67,398,675 $67,398,675 $67,398,675 218.1 Transfer funds to the Child Welfare Services program to align the budget with projected expenditures. $19,744,139 $19,744,139 $47,654,536 $17,185,183 $1,643,225 $1,300,000 $27,526,128 $27,526,128 $67,398,675 State General Funds ($8,935,293) ($8,935,293) ($8,935,293) ($8,935,293) 218.2 Transfer funds to the Food Stamp Eligibility and Benefits program to align the budget with projected expenditures. State General Funds ($2,564,707) ($2,564,707) ($2,564,707) ($2,564,707) 218.3 Transfer funds from the Departmental Administration program to align the budget with projected expenditures. Temporary Assistance for Needy Families Grant CFDA93.558 $2,000,000 $2,000,000 $2,000,000 $2,000,000 218.4 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $78,413 $78,413 $78,413 218.5 Reduce funds from the base budget to reflect the appropriation in line 218.101 for increased rent associated with the relocations of Department of Family and Child Services offices. State General Funds ($721,000) 218.100 -Support for Needy Families - Family Assistance Appropriation (HB 989) 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. TOTAL STATE FUNDS $8,244,139 $8,322,552 $8,322,552 $7,601,552 2072 JOURNAL OF THE SENATE State General Funds $8,244,139 $8,322,552 $8,322,552 $7,601,552 TOTAL FEDERAL FUNDS $49,654,536 $49,654,536 $49,654,536 $49,654,536 Community Services Block Grant CFDA93.569 $17,185,183 $17,185,183 $17,185,183 $17,185,183 Federal Funds Not Itemized $1,643,225 $1,643,225 $1,643,225 $1,643,225 Medical Assistance Program CFDA93.778 $1,300,000 $1,300,000 $1,300,000 $1,300,000 Temporary Assistance for Needy Families $29,526,128 $29,526,128 $29,526,128 $29,526,128 Temporary Assistance for Needy Families Grant CFDA93.558 $29,526,128 $29,526,128 $29,526,128 $29,526,128 TOTAL PUBLIC FUNDS $57,898,675 $57,977,088 $57,977,088 $57,256,088 218.101 Special Project - Support for Needy Families - Family Assistance: Utilize funds for increased rent associated with the relocations of Department of Family and Child Services offices in the following counties: Oconee County, Walton County, Carroll County, Liberty County, and Banks County. State General Funds $0 $721,000 Support for Needy Families - Work Assistance Continuation Budget 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. 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 $43,010,374 $43,010,374 $43,010,374 CCDF Mandatory & Matching Funds CFDA93.596 $6,500 $6,500 $6,500 Federal Funds Not Itemized $2,396,595 $2,396,595 $2,396,595 Medical Assistance Program CFDA93.778 $20,000 $20,000 $20,000 Temporary Assistance for Needy Families $40,587,279 $40,587,279 $40,587,279 Temporary Assistance for Needy Families Grant CFDA93.558 $40,587,279 $40,587,279 $40,587,279 TOTAL PUBLIC FUNDS $69,010,374 $69,010,374 $69,010,374 219.1 Transfer funds to the Child Welfare Services program to align the budget with projected expenditures. $26,000,000 $26,000,000 $43,010,374 $6,500 $2,396,595 $20,000 $40,587,279 $40,587,279 $69,010,374 State General Funds ($6,380,234) ($6,380,234) ($6,380,234) ($6,380,234) 219.2 Transfer funds to the Eligibility Determination program to align the budget with projected expenditures. State General Funds ($11,924,766) ($11,924,766) ($11,924,766) ($11,924,766) 219.100 -Support for Needy Families - Work Assistance Appropriation (HB 989) 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. TOTAL STATE FUNDS $7,695,000 $7,695,000 $7,695,000 $7,695,000 THURSDAY, MARCH 20, 2008 2073 State General Funds $7,695,000 TOTAL FEDERAL FUNDS $43,010,374 CCDF Mandatory & Matching Funds CFDA93.596 $6,500 Federal Funds Not Itemized $2,396,595 Medical Assistance Program CFDA93.778 $20,000 Temporary Assistance for Needy Families $40,587,279 Temporary Assistance for Needy Families Grant CFDA93.558 $40,587,279 TOTAL PUBLIC FUNDS $50,705,374 $7,695,000 $43,010,374 $6,500 $2,396,595 $20,000 $40,587,279 $40,587,279 $50,705,374 $7,695,000 $43,010,374 $6,500 $2,396,595 $20,000 $40,587,279 $40,587,279 $50,705,374 $7,695,000 $43,010,374 $6,500 $2,396,595 $20,000 $40,587,279 $40,587,279 $50,705,374 Vital Records Continuation Budget The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner, vital records and associated documents. TOTAL STATE FUNDS $2,830,465 $2,830,465 $2,830,465 $2,830,465 State General Funds $2,830,465 $2,830,465 $2,830,465 $2,830,465 TOTAL FEDERAL FUNDS $500,680 $500,680 $500,680 $500,680 Federal Funds Not Itemized $500,680 $500,680 $500,680 $500,680 TOTAL AGENCY FUNDS $404,000 $404,000 $404,000 $404,000 Sales and Services $404,000 $404,000 $404,000 $404,000 Sales and Services Not Itemized $404,000 $404,000 $404,000 $404,000 TOTAL PUBLIC FUNDS $3,735,145 $3,735,145 $3,735,145 $3,735,145 220.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($21,189) ($21,189) ($21,189) 220.100 -Vital Records Appropriation (HB 989) The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner, vital records and associated documents. TOTAL STATE FUNDS $2,830,465 $2,809,276 $2,809,276 $2,809,276 State General Funds $2,830,465 $2,809,276 $2,809,276 $2,809,276 TOTAL FEDERAL FUNDS $500,680 $500,680 $500,680 $500,680 Federal Funds Not Itemized $500,680 $500,680 $500,680 $500,680 TOTAL AGENCY FUNDS $404,000 $404,000 $404,000 $404,000 Sales and Services $404,000 $404,000 $404,000 $404,000 Sales and Services Not Itemized $404,000 $404,000 $404,000 $404,000 2074 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $3,735,145 $3,713,956 $3,713,956 $3,713,956 Brain and Spinal Injury Trust Fund Continuation Budget 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 State General Funds Brain and Spinal Injury Trust Fund TOTAL PUBLIC FUNDS 221.1 Reduce funds to reflect anticipated collections. $3,063,194 $0 $3,063,194 $3,063,194 $3,063,194 $0 $3,063,194 $3,063,194 $3,063,194 $0 $3,063,194 $3,063,194 $3,063,194 $0 $3,063,194 $3,063,194 Brain and Spinal Injury Trust Fund ($1,094,201) ($1,094,201) ($1,094,201) ($1,094,201) 221.100 -Brain and Spinal Injury Trust Fund Appropriation (HB 989) 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 $1,968,993 $1,968,993 $1,968,993 $1,968,993 Brain and Spinal Injury Trust Fund $1,968,993 $1,968,993 $1,968,993 $1,968,993 TOTAL PUBLIC FUNDS $1,968,993 $1,968,993 $1,968,993 $1,968,993 Children's Trust Fund Commission Continuation Budget 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 $7,532,772 $7,532,772 $7,532,772 $7,532,772 State General Funds $7,532,772 $7,532,772 $7,532,772 $7,532,772 TOTAL FEDERAL FUNDS $658,079 $658,079 $658,079 $658,079 Federal Funds Not Itemized $408,079 $408,079 $408,079 $408,079 Temporary Assistance for Needy Families $250,000 $250,000 $250,000 $250,000 Temporary Assistance for Needy Families Grant CFDA93.558 $250,000 $250,000 $250,000 $250,000 TOTAL AGENCY FUNDS $84,222 $84,222 $84,222 $84,222 Contributions, Donations, and Forfeitures $84,222 $84,222 $84,222 $84,222 Contributions, Donations, and Forfeitures Not Itemized $84,222 $84,222 $84,222 $84,222 TOTAL PUBLIC FUNDS $8,275,073 $8,275,073 $8,275,073 $8,275,073 222.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. THURSDAY, MARCH 20, 2008 2075 State General Funds ($349) ($349) ($349) 222.100 -Children's Trust Fund Commission Appropriation (HB 989) 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 $7,532,772 $7,532,423 $7,532,423 $7,532,423 State General Funds $7,532,772 $7,532,423 $7,532,423 $7,532,423 TOTAL FEDERAL FUNDS $658,079 $658,079 $658,079 $658,079 Federal Funds Not Itemized $408,079 $408,079 $408,079 $408,079 Temporary Assistance for Needy Families $250,000 $250,000 $250,000 $250,000 Temporary Assistance for Needy Families Grant CFDA93.558 $250,000 $250,000 $250,000 $250,000 TOTAL AGENCY FUNDS $84,222 $84,222 $84,222 $84,222 Contributions, Donations, and Forfeitures $84,222 $84,222 $84,222 $84,222 Contributions, Donations, and Forfeitures Not Itemized $84,222 $84,222 $84,222 $84,222 TOTAL PUBLIC FUNDS $8,275,073 $8,274,724 $8,274,724 $8,274,724 Council on Aging Continuation Budget 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 $193,064 $193,064 $193,064 $193,064 State General Funds $193,064 $193,064 $193,064 $193,064 TOTAL PUBLIC FUNDS $193,064 $193,064 $193,064 $193,064 223.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($181) ($181) ($181) 223.100 -Council on Aging Appropriation (HB 989) 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 $193,064 $192,883 $192,883 $192,883 State General Funds $193,064 $192,883 $192,883 $192,883 TOTAL PUBLIC FUNDS $193,064 $192,883 $192,883 $192,883 Developmental Disabilities, Governor's Council on Continuation Budget The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their 2076 JOURNAL OF THE SENATE families. TOTAL STATE FUNDS $58,083 $58,083 $58,083 $58,083 State General Funds $58,083 $58,083 $58,083 $58,083 TOTAL FEDERAL FUNDS $2,262,002 $2,262,002 $2,262,002 $2,262,002 Federal Funds Not Itemized $2,262,002 $2,262,002 $2,262,002 $2,262,002 TOTAL PUBLIC FUNDS $2,320,085 $2,320,085 $2,320,085 $2,320,085 224.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($280) ($280) ($280) 224.100 -Developmental Disabilities, Governor's Council on Appropriation (HB 989) The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $58,083 $57,803 $57,803 $57,803 State General Funds $58,083 $57,803 $57,803 $57,803 TOTAL FEDERAL FUNDS $2,262,002 $2,262,002 $2,262,002 $2,262,002 Federal Funds Not Itemized $2,262,002 $2,262,002 $2,262,002 $2,262,002 TOTAL PUBLIC FUNDS $2,320,085 $2,319,805 $2,319,805 $2,319,805 Sexual Offender Review Board Continuation Budget TOTAL STATE FUNDS $336,001 $336,001 $336,001 $336,001 State General Funds $336,001 $336,001 $336,001 $336,001 TOTAL PUBLIC FUNDS $336,001 $336,001 $336,001 $336,001 401.99 CC: The purpose of this appropriation is to protect Georgia's children by identifying convicted sexual offenders that present the greatest risk of reoffending. Senate: The purpose of this appropriation is to protect Georgia's children by identifying convicted sexual offenders that present the greatest risk of reoffending. State General Funds $0 $0 401.100 -Sexual Offender Review Board Appropriation (HB 989) The purpose of this appropriation is to protect Georgia's children by identifying convicted sexual offenders that present the greatest risk of reoffending. TOTAL STATE FUNDS $336,001 $336,001 $336,001 $336,001 State General Funds $336,001 $336,001 $336,001 $336,001 THURSDAY, MARCH 20, 2008 2077 TOTAL PUBLIC FUNDS $336,001 $336,001 $336,001 $336,001 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. Section 27: Insurance, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Section Total - Continuation $18,864,818 $18,864,818 $18,864,818 $18,864,818 $954,555 $954,555 $954,555 $954,555 $97,232 $97,232 $97,232 $97,232 $19,916,605 $19,916,605 Section Total - Final $18,864,818 $18,893,621 $18,864,818 $18,893,621 $954,555 $954,555 $954,555 $954,555 $18,864,818 $18,864,818 $954,555 $954,555 $97,232 $97,232 $19,916,605 $18,893,621 $18,893,621 $954,555 $954,555 $18,864,818 $18,864,818 $954,555 $954,555 $97,232 $97,232 $19,916,605 $18,893,621 $18,893,621 $954,555 $954,555 2078 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $97,232 $97,232 $19,916,605 $97,232 $97,232 $19,945,408 $97,232 $97,232 $19,945,408 $97,232 $97,232 $19,945,408 Departmental Administration Continuation Budget 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 $2,445,169 $2,445,169 $2,445,169 $2,445,169 State General Funds $2,445,169 $2,445,169 $2,445,169 $2,445,169 TOTAL PUBLIC FUNDS $2,445,169 $2,445,169 $2,445,169 $2,445,169 225.100 -Departmental Administration Appropriation (HB 989) 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 $2,445,169 $2,445,169 $2,445,169 $2,445,169 State General Funds $2,445,169 $2,445,169 $2,445,169 $2,445,169 TOTAL PUBLIC FUNDS $2,445,169 $2,445,169 $2,445,169 $2,445,169 Enforcement Continuation Budget 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 $866,292 $866,292 $866,292 $866,292 State General Funds $866,292 $866,292 $866,292 $866,292 TOTAL PUBLIC FUNDS $866,292 $866,292 $866,292 $866,292 226.100 -Enforcement Appropriation (HB 989) 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 $866,292 $866,292 $866,292 $866,292 State General Funds $866,292 $866,292 $866,292 $866,292 TOTAL PUBLIC FUNDS $866,292 $866,292 $866,292 $866,292 Fire Safety Continuation Budget 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. THURSDAY, MARCH 20, 2008 2079 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS 227.1 Increase funds to replace one high-mileage vehicle. $5,525,325 $5,525,325 $954,555 $954,555 $97,232 $97,232 $97,232 $6,577,112 $5,525,325 $5,525,325 $954,555 $954,555 $97,232 $97,232 $97,232 $6,577,112 $5,525,325 $5,525,325 $954,555 $954,555 $97,232 $97,232 $97,232 $6,577,112 $5,525,325 $5,525,325 $954,555 $954,555 $97,232 $97,232 $97,232 $6,577,112 State General Funds $13,860 $13,860 $13,860 227.100 -Fire Safety Appropriation (HB 989) 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 $5,525,325 $5,539,185 $5,539,185 $5,539,185 State General Funds $5,525,325 $5,539,185 $5,539,185 $5,539,185 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 $97,232 $97,232 $97,232 $97,232 State Funds Transfers $97,232 $97,232 $97,232 $97,232 Agency to Agency Contracts $97,232 $97,232 $97,232 $97,232 TOTAL PUBLIC FUNDS $6,577,112 $6,590,972 $6,590,972 $6,590,972 Industrial Loan Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 228.1 Increase funds to replace one high-mileage vehicle. $769,025 $769,025 $769,025 $769,025 $769,025 $769,025 $769,025 $769,025 $769,025 $769,025 $769,025 $769,025 State General Funds $14,943 $14,943 $14,943 228.100 -Industrial Loan Appropriation (HB 989) 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. 2080 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $769,025 $769,025 $769,025 $783,968 $783,968 $783,968 $783,968 $783,968 $783,968 $783,968 $783,968 $783,968 Insurance Regulation Continuation Budget 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 $5,981,530 $5,981,530 $5,981,530 $5,981,530 State General Funds $5,981,530 $5,981,530 $5,981,530 $5,981,530 TOTAL PUBLIC FUNDS $5,981,530 $5,981,530 $5,981,530 $5,981,530 229.100 -Insurance Regulation Appropriation (HB 989) 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 $5,981,530 $5,981,530 $5,981,530 $5,981,530 State General Funds $5,981,530 $5,981,530 $5,981,530 $5,981,530 TOTAL PUBLIC FUNDS $5,981,530 $5,981,530 $5,981,530 $5,981,530 Special Fraud Continuation Budget The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $3,277,477 $3,277,477 $3,277,477 State General Funds $3,277,477 $3,277,477 $3,277,477 TOTAL PUBLIC FUNDS $3,277,477 $3,277,477 $3,277,477 230.100 -Special Fraud Appropriation (HB 989) The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $3,277,477 $3,277,477 $3,277,477 State General Funds $3,277,477 $3,277,477 $3,277,477 TOTAL PUBLIC FUNDS $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 Section 28: Investigation, Georgia Bureau of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total - Continuation $74,268,077 $74,268,077 $29,883,487 $74,268,077 $74,268,077 $29,883,487 $74,268,077 $74,268,077 $29,883,487 $74,268,077 $74,268,077 $29,883,487 THURSDAY, MARCH 20, 2008 2081 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sanctions, Fines, and Penalties TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sanctions, Fines, and Penalties TOTAL PUBLIC FUNDS $29,883,487 $29,883,487 $4,887,711 $4,887,711 $4,565,350 $4,565,350 $322,361 $322,361 $109,039,275 $109,039,275 Section Total - Final $74,268,077 $74,268,077 $74,268,077 $74,268,077 $29,883,487 $29,883,487 $29,883,487 $29,883,487 $4,887,711 $4,887,711 $4,565,350 $4,565,350 $322,361 $322,361 $109,039,275 $109,039,275 $29,883,487 $4,887,711 $4,565,350 $322,361 $109,039,275 $74,268,077 $74,268,077 $29,883,487 $29,883,487 $4,887,711 $4,565,350 $322,361 $109,039,275 $29,883,487 $4,887,711 $4,565,350 $322,361 $109,039,275 $74,268,077 $74,268,077 $29,883,487 $29,883,487 $4,887,711 $4,565,350 $322,361 $109,039,275 Bureau Administration Continuation Budget 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 $11,038,239 $11,038,239 $11,038,239 $11,038,239 State General Funds $11,038,239 $11,038,239 $11,038,239 $11,038,239 TOTAL FEDERAL FUNDS $6,812 $6,812 $6,812 $6,812 Federal Funds Not Itemized $6,812 $6,812 $6,812 $6,812 TOTAL AGENCY FUNDS $1,434 $1,434 $1,434 $1,434 Sales and Services $1,434 $1,434 $1,434 $1,434 Sales and Services Not Itemized $1,434 $1,434 $1,434 $1,434 TOTAL PUBLIC FUNDS $11,046,485 $11,046,485 $11,046,485 $11,046,485 231.100 -Bureau Administration Appropriation (HB 989) 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 $11,038,239 $11,038,239 $11,038,239 $11,038,239 State General Funds $11,038,239 $11,038,239 $11,038,239 $11,038,239 TOTAL FEDERAL FUNDS $6,812 $6,812 $6,812 $6,812 Federal Funds Not Itemized $6,812 $6,812 $6,812 $6,812 2082 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,434 $1,434 $1,434 $11,046,485 $1,434 $1,434 $1,434 $11,046,485 $1,434 $1,434 $1,434 $11,046,485 $1,434 $1,434 $1,434 $11,046,485 Centralized Scientific Services Continuation Budget The purpose of this appropriation is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence. TOTAL STATE FUNDS $13,821,542 $13,821,542 $13,821,542 $13,821,542 State General Funds $13,821,542 $13,821,542 $13,821,542 $13,821,542 TOTAL AGENCY FUNDS $3,601 $3,601 $3,601 $3,601 Sales and Services $3,601 $3,601 $3,601 $3,601 Sales and Services Not Itemized $3,601 $3,601 $3,601 $3,601 TOTAL PUBLIC FUNDS $13,825,143 $13,825,143 $13,825,143 $13,825,143 232.100 -Centralized Scientific Services Appropriation (HB 989) The purpose of this appropriation is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence. TOTAL STATE FUNDS $13,821,542 $13,821,542 $13,821,542 $13,821,542 State General Funds $13,821,542 $13,821,542 $13,821,542 $13,821,542 TOTAL AGENCY FUNDS $3,601 $3,601 $3,601 $3,601 Sales and Services $3,601 $3,601 $3,601 $3,601 Sales and Services Not Itemized $3,601 $3,601 $3,601 $3,601 TOTAL PUBLIC FUNDS $13,825,143 $13,825,143 $13,825,143 $13,825,143 Criminal Justice Information Services Continuation Budget 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 $10,458,309 $10,458,309 $10,458,309 $10,458,309 State General Funds $10,458,309 $10,458,309 $10,458,309 $10,458,309 TOTAL AGENCY FUNDS $2,604 $2,604 $2,604 $2,604 Sales and Services $2,604 $2,604 $2,604 $2,604 Sales and Services Not Itemized $2,604 $2,604 $2,604 $2,604 TOTAL PUBLIC FUNDS $10,460,913 $10,460,913 $10,460,913 $10,460,913 233.100 -Criminal Justice Information Services Appropriation (HB 989) The purpose of this appropriation is to provide fingerprint identification and processing of criminal history source documents to THURSDAY, MARCH 20, 2008 2083 create and update criminal history records. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $10,458,309 $10,458,309 $2,604 $2,604 $2,604 $10,460,913 $10,458,309 $10,458,309 $2,604 $2,604 $2,604 $10,460,913 $10,458,309 $10,458,309 $2,604 $2,604 $2,604 $10,460,913 $10,458,309 $10,458,309 $2,604 $2,604 $2,604 $10,460,913 Georgia Information Sharing and Analysis Center Continuation Budget The purpose of this appropriation 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 24-hour access to needed information. TOTAL STATE FUNDS $890,529 $890,529 $890,529 $890,529 State General Funds $890,529 $890,529 $890,529 $890,529 TOTAL AGENCY FUNDS $479 $479 $479 $479 Sales and Services $479 $479 $479 $479 Sales and Services Not Itemized $479 $479 $479 $479 TOTAL PUBLIC FUNDS $891,008 $891,008 $891,008 $891,008 234.100 -Georgia Information Sharing and Analysis Center Appropriation (HB 989) The purpose of this appropriation 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 24-hour access to needed information. TOTAL STATE FUNDS $890,529 $890,529 $890,529 $890,529 State General Funds $890,529 $890,529 $890,529 $890,529 TOTAL AGENCY FUNDS $479 $479 $479 $479 Sales and Services $479 $479 $479 $479 Sales and Services Not Itemized $479 $479 $479 $479 TOTAL PUBLIC FUNDS $891,008 $891,008 $891,008 $891,008 Regional Forensic Services Continuation Budget The purpose of this appropriation is to provide pathology services to determine cause and manner of death. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services $8,484,642 $8,484,642 $2,255 $2,255 $8,484,642 $8,484,642 $2,255 $2,255 $8,484,642 $8,484,642 $2,255 $2,255 $8,484,642 $8,484,642 $2,255 $2,255 2084 JOURNAL OF THE SENATE Sales and Services Not Itemized $2,255 $2,255 $2,255 TOTAL PUBLIC FUNDS $8,486,897 $8,486,897 $8,486,897 235.100 -Regional Forensic Services Appropriation (HB 989) The purpose of this appropriation is to provide pathology services to determine cause and manner of death. TOTAL STATE FUNDS $8,484,642 $8,484,642 $8,484,642 State General Funds $8,484,642 $8,484,642 $8,484,642 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 $8,486,897 $8,486,897 $8,486,897 $2,255 $8,486,897 $8,484,642 $8,484,642 $2,255 $2,255 $2,255 $8,486,897 Regional Investigative Services Continuation Budget The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene examinations. TOTAL STATE FUNDS $25,545,794 $25,545,794 $25,545,794 $25,545,794 State General Funds $25,545,794 $25,545,794 $25,545,794 $25,545,794 TOTAL AGENCY FUNDS $204,482 $204,482 $204,482 $204,482 Sales and Services $204,482 $204,482 $204,482 $204,482 Sales and Services Not Itemized $204,482 $204,482 $204,482 $204,482 TOTAL PUBLIC FUNDS $25,750,276 $25,750,276 $25,750,276 $25,750,276 236.100 -Regional Investigative Services Appropriation (HB 989) The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene examinations. TOTAL STATE FUNDS $25,545,794 $25,545,794 $25,545,794 $25,545,794 State General Funds $25,545,794 $25,545,794 $25,545,794 $25,545,794 TOTAL AGENCY FUNDS $204,482 $204,482 $204,482 $204,482 Sales and Services $204,482 $204,482 $204,482 $204,482 Sales and Services Not Itemized $204,482 $204,482 $204,482 $204,482 TOTAL PUBLIC FUNDS $25,750,276 $25,750,276 $25,750,276 $25,750,276 Special Operations Unit Continuation Budget The purpose of this appropriation is to respond to requests from law enforcement agencies statewide in order to render safe explosive devices of all types, and to assist in the identification, arrest and prosecution of individuals. TOTAL STATE FUNDS State General Funds $784,154 $784,154 $784,154 $784,154 $784,154 $784,154 $784,154 $784,154 THURSDAY, MARCH 20, 2008 2085 TOTAL AGENCY FUNDS $200 $200 $200 $200 Sales and Services $200 $200 $200 $200 Sales and Services Not Itemized $200 $200 $200 $200 TOTAL PUBLIC FUNDS $784,354 $784,354 $784,354 $784,354 237.100 -Special Operations Unit Appropriation (HB 989) The purpose of this appropriation is to respond to requests from law enforcement agencies statewide in order to render safe explosive devices of all types, and to assist in the identification, arrest and prosecution of individuals. TOTAL STATE FUNDS $784,154 $784,154 $784,154 $784,154 State General Funds $784,154 $784,154 $784,154 $784,154 TOTAL AGENCY FUNDS $200 $200 $200 $200 Sales and Services $200 $200 $200 $200 Sales and Services Not Itemized $200 $200 $200 $200 TOTAL PUBLIC FUNDS $784,354 $784,354 $784,354 $784,354 State Healthcare Fraud Unit Continuation Budget The purpose of this appropriation is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,169,237 $1,169,237 $387 $387 $387 $1,169,624 $1,169,237 $1,169,237 $387 $387 $387 $1,169,624 $1,169,237 $1,169,237 $387 $387 $387 $1,169,624 $1,169,237 $1,169,237 $387 $387 $387 $1,169,624 238.100 -State Healthcare Fraud Unit Appropriation (HB 989) The purpose of this appropriation is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. TOTAL STATE FUNDS $1,169,237 $1,169,237 $1,169,237 $1,169,237 State General Funds $1,169,237 $1,169,237 $1,169,237 $1,169,237 TOTAL AGENCY FUNDS $387 $387 $387 $387 Sales and Services $387 $387 $387 $387 Sales and Services Not Itemized $387 $387 $387 $387 TOTAL PUBLIC FUNDS $1,169,624 $1,169,624 $1,169,624 $1,169,624 2086 JOURNAL OF THE SENATE Task Forces Continuation Budget The purpose of this appropriation is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,177,570 $1,177,570 $376 $376 $376 $1,177,946 $1,177,570 $1,177,570 $376 $376 $376 $1,177,946 $1,177,570 $1,177,570 $376 $376 $376 $1,177,946 $1,177,570 $1,177,570 $376 $376 $376 $1,177,946 239.100 -Task Forces Appropriation (HB 989) The purpose of this appropriation is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces. TOTAL STATE FUNDS $1,177,570 $1,177,570 $1,177,570 $1,177,570 State General Funds $1,177,570 $1,177,570 $1,177,570 $1,177,570 TOTAL AGENCY FUNDS $376 $376 $376 $376 Sales and Services $376 $376 $376 $376 Sales and Services Not Itemized $376 $376 $376 $376 TOTAL PUBLIC FUNDS $1,177,946 $1,177,946 $1,177,946 $1,177,946 Criminal Justice Coordinating Council Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $898,061 $898,061 $29,876,675 $29,876,675 $4,671,893 $4,349,532 $4,349,532 $322,361 $322,361 $35,446,629 $898,061 $898,061 $29,876,675 $29,876,675 $4,671,893 $4,349,532 $4,349,532 $322,361 $322,361 $35,446,629 $898,061 $898,061 $29,876,675 $29,876,675 $4,671,893 $4,349,532 $4,349,532 $322,361 $322,361 $35,446,629 $898,061 $898,061 $29,876,675 $29,876,675 $4,671,893 $4,349,532 $4,349,532 $322,361 $322,361 $35,446,629 THURSDAY, MARCH 20, 2008 2087 240.100 -Criminal Justice Coordinating Council Appropriation (HB 989) 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 $898,061 $898,061 $898,061 $898,061 State General Funds $898,061 $898,061 $898,061 $898,061 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 $4,671,893 $4,671,893 $4,671,893 $4,671,893 Sales and Services $4,349,532 $4,349,532 $4,349,532 $4,349,532 Sales and Services Not Itemized $4,349,532 $4,349,532 $4,349,532 $4,349,532 Sanctions, Fines, and Penalties $322,361 $322,361 $322,361 $322,361 Sanctions, Fines, and Penalties Not Itemized $322,361 $322,361 $322,361 $322,361 TOTAL PUBLIC FUNDS $35,446,629 $35,446,629 $35,446,629 $35,446,629 Section 29: Juvenile Justice, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $321,988,293 $321,988,293 $2,644,894 $2,644,894 $127,629 $127,629 $18,507,536 $18,507,536 $343,268,352 $321,988,293 $321,988,293 $2,644,894 $2,644,894 $127,629 $127,629 $18,507,536 $18,507,536 $343,268,352 $321,988,293 $321,988,293 $2,644,894 $2,644,894 $127,629 $127,629 $18,507,536 $18,507,536 $343,268,352 $321,988,293 $321,988,293 $2,644,894 $2,644,894 $127,629 $127,629 $18,507,536 $18,507,536 $343,268,352 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Section Total - Final $327,254,873 $327,254,873 $327,254,873 $327,254,873 $2,644,894 $2,644,894 $2,644,894 $2,644,894 $127,629 $127,629 $127,629 $127,629 $327,254,873 $327,254,873 $2,644,894 $2,644,894 $127,629 $127,629 $327,254,873 $327,254,873 $2,644,894 $2,644,894 $127,629 $127,629 2088 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS $13,507,536 $13,507,536 $343,534,932 $13,507,536 $13,507,536 $343,534,932 $13,507,536 $13,507,536 $343,534,932 $13,507,536 $13,507,536 $343,534,932 Community Non-Secure Commitment Continuation Budget 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 youth and non-secure, community-based placements and/or services for lower-risk youth. TOTAL STATE FUNDS $46,669,391 $46,669,391 $46,669,391 $46,669,391 State General Funds $46,669,391 $46,669,391 $46,669,391 $46,669,391 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $10,002,619 $10,002,619 $10,002,619 $10,002,619 Federal Funds Transfers $10,002,619 $10,002,619 $10,002,619 $10,002,619 FF Foster Care Title IV-E CFDA93.658 $946,237 $946,237 $946,237 $946,237 FF Medical Assistance Program CFDA93.778 $9,056,382 $9,056,382 $9,056,382 $9,056,382 TOTAL PUBLIC FUNDS $56,672,010 $56,672,010 $56,672,010 $56,672,010 241.1 Transfer funds to the Secure Commitment and Secure Detention programs to provide adequate secure facility capacity. State General Funds ($2,468,413) ($2,468,413) ($2,468,413) ($2,468,413) 241.2 Increase and replace funds to operate the Institutional Foster Care System as required by revised federal administrative rules. State General Funds FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $5,266,580 ($5,000,000) $266,580 $5,266,580 ($5,000,000) $266,580 $5,266,580 ($5,000,000) $266,580 $5,266,580 ($5,000,000) $266,580 241.100 -Community Non-Secure Commitment Appropriation (HB 989) 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 youth and non-secure, community-based placements and/or services for lower-risk youth. TOTAL STATE FUNDS $49,467,558 $49,467,558 $49,467,558 $49,467,558 State General Funds $49,467,558 $49,467,558 $49,467,558 $49,467,558 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,002,619 $5,002,619 $5,002,619 $5,002,619 Federal Funds Transfers $5,002,619 $5,002,619 $5,002,619 $5,002,619 FF Foster Care Title IV-E CFDA93.658 $946,237 $946,237 $946,237 $946,237 FF Medical Assistance Program CFDA93.778 $4,056,382 $4,056,382 $4,056,382 $4,056,382 TOTAL PUBLIC FUNDS $54,470,177 $54,470,177 $54,470,177 $54,470,177 THURSDAY, MARCH 20, 2008 2089 Community Supervision Continuation Budget 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 $50,528,647 $50,528,647 $50,528,647 $50,528,647 State General Funds $50,528,647 $50,528,647 $50,528,647 $50,528,647 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,298,927 $4,298,927 $4,298,927 $4,298,927 Federal Funds Transfers $4,298,927 $4,298,927 $4,298,927 $4,298,927 FF Medical Assistance Program CFDA93.778 $4,298,927 $4,298,927 $4,298,927 $4,298,927 TOTAL PUBLIC FUNDS $54,827,574 $54,827,574 $54,827,574 $54,827,574 242.100 -Community Supervision Appropriation (HB 989) 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 $50,528,647 $50,528,647 $50,528,647 $50,528,647 State General Funds $50,528,647 $50,528,647 $50,528,647 $50,528,647 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,298,927 $4,298,927 $4,298,927 $4,298,927 Federal Funds Transfers $4,298,927 $4,298,927 $4,298,927 $4,298,927 FF Medical Assistance Program CFDA93.778 $4,298,927 $4,298,927 $4,298,927 $4,298,927 TOTAL PUBLIC FUNDS $54,827,574 $54,827,574 $54,827,574 $54,827,574 Departmental Administration Continuation Budget 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 $28,050,733 $28,050,733 $28,050,733 $28,050,733 State General Funds $28,050,733 $28,050,733 $28,050,733 $28,050,733 TOTAL AGENCY FUNDS $25,060 $25,060 $25,060 $25,060 Sales and Services $25,060 $25,060 $25,060 $25,060 Sales and Services Not Itemized $25,060 $25,060 $25,060 $25,060 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $177,621 $177,621 $177,621 $177,621 Federal Funds Transfers $177,621 $177,621 $177,621 $177,621 FF National School Lunch Program CFDA10.555 $177,621 $177,621 $177,621 $177,621 TOTAL PUBLIC FUNDS $28,253,414 $28,253,414 $28,253,414 $28,253,414 243.100 -Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to protect and serve the citizens of Georgia by holding youthful offenders accountable for their 2090 JOURNAL OF THE SENATE actions through the delivery of effective services in appropriate settings. TOTAL STATE FUNDS $28,050,733 State General Funds $28,050,733 TOTAL AGENCY FUNDS $25,060 Sales and Services $25,060 Sales and Services Not Itemized $25,060 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $177,621 Federal Funds Transfers $177,621 FF National School Lunch Program CFDA10.555 $177,621 TOTAL PUBLIC FUNDS $28,253,414 $28,050,733 $28,050,733 $25,060 $25,060 $25,060 $177,621 $177,621 $177,621 $28,253,414 $28,050,733 $28,050,733 $25,060 $25,060 $25,060 $177,621 $177,621 $177,621 $28,253,414 $28,050,733 $28,050,733 $25,060 $25,060 $25,060 $177,621 $177,621 $177,621 $28,253,414 Secure Commitment (YDCs) Continuation Budget The purpose of this appropriation is to protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth. TOTAL STATE FUNDS $93,969,041 $93,969,041 $93,969,041 $93,969,041 State General Funds $93,969,041 $93,969,041 $93,969,041 $93,969,041 TOTAL FEDERAL FUNDS $892,894 $892,894 $892,894 $892,894 Federal Funds Not Itemized $892,894 $892,894 $892,894 $892,894 TOTAL AGENCY FUNDS $27,991 $27,991 $27,991 $27,991 Sales and Services $27,991 $27,991 $27,991 $27,991 Sales and Services Not Itemized $27,991 $27,991 $27,991 $27,991 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,072,851 $2,072,851 $2,072,851 $2,072,851 Federal Funds Transfers $2,072,851 $2,072,851 $2,072,851 $2,072,851 FF National School Lunch Program CFDA10.555 $2,072,851 $2,072,851 $2,072,851 $2,072,851 TOTAL PUBLIC FUNDS $96,962,777 $96,962,777 $96,962,777 $96,962,777 244.1 Transfer funds from the Community Non-Secure Commitment program to provide adequate secure facility capacity. State General Funds $1,068,413 $1,068,413 $1,068,413 $1,068,413 244.100 -Secure Commitment (YDCs) Appropriation (HB 989) The purpose of this appropriation is to protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth. TOTAL STATE FUNDS $95,037,454 $95,037,454 $95,037,454 $95,037,454 State General Funds $95,037,454 $95,037,454 $95,037,454 $95,037,454 TOTAL FEDERAL FUNDS $892,894 $892,894 $892,894 $892,894 THURSDAY, MARCH 20, 2008 2091 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $892,894 $27,991 $27,991 $27,991 $2,072,851 $2,072,851 $2,072,851 $98,031,190 $892,894 $27,991 $27,991 $27,991 $2,072,851 $2,072,851 $2,072,851 $98,031,190 $892,894 $27,991 $27,991 $27,991 $2,072,851 $2,072,851 $2,072,851 $98,031,190 $892,894 $27,991 $27,991 $27,991 $2,072,851 $2,072,851 $2,072,851 $98,031,190 Secure Detention (RYDCs) Continuation Budget 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 $101,362,633 $101,362,633 $101,362,633 $101,362,633 State General Funds $101,362,633 $101,362,633 $101,362,633 $101,362,633 TOTAL AGENCY FUNDS $74,578 $74,578 $74,578 $74,578 Sales and Services $74,578 $74,578 $74,578 $74,578 Sales and Services Not Itemized $74,578 $74,578 $74,578 $74,578 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,955,518 $1,955,518 $1,955,518 $1,955,518 Federal Funds Transfers $1,955,518 $1,955,518 $1,955,518 $1,955,518 FF National School Lunch Program CFDA10.555 $1,955,518 $1,955,518 $1,955,518 $1,955,518 TOTAL PUBLIC FUNDS $103,392,729 $103,392,729 $103,392,729 $103,392,729 245.1 Transfer funds from the Community Non-Secure Commitment program to provide adequate secure facility capacity. State General Funds $1,400,000 $1,400,000 $1,400,000 $1,400,000 245.2 Transfer funds to the Children and Youth Coordinating Council (CYCC) program received for the FY08 statewide budget changes. State General Funds ($13,100) ($13,100) ($13,100) ($13,100) 245.100 -Secure Detention (RYDCs) Appropriation (HB 989) 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 $102,749,533 $102,749,533 $102,749,533 $102,749,533 State General Funds $102,749,533 $102,749,533 $102,749,533 $102,749,533 TOTAL AGENCY FUNDS $74,578 $74,578 $74,578 $74,578 Sales and Services $74,578 $74,578 $74,578 $74,578 2092 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $74,578 $1,955,518 $1,955,518 $1,955,518 $104,779,629 $74,578 $1,955,518 $1,955,518 $1,955,518 $104,779,629 $74,578 $1,955,518 $1,955,518 $1,955,518 $104,779,629 $74,578 $1,955,518 $1,955,518 $1,955,518 $104,779,629 Children and Youth Coordinating Council Continuation Budget The purpose of this appropriation is to assist local communities in preventing and reducing juvenile delinquency. TOTAL STATE FUNDS $1,407,848 $1,407,848 $1,407,848 State General Funds $1,407,848 $1,407,848 $1,407,848 TOTAL FEDERAL FUNDS $1,752,000 $1,752,000 $1,752,000 Federal Funds Not Itemized $1,752,000 $1,752,000 $1,752,000 TOTAL PUBLIC FUNDS $3,159,848 $3,159,848 $3,159,848 246.1 Transfer funds from the Secure Detention program received for the FY08 statewide budget changes. State General Funds $13,100 $13,100 $13,100 246.100 -Children and Youth Coordinating Council Appropriation (HB 989) The purpose of this appropriation is to assist local communities in preventing and reducing juvenile delinquency. TOTAL STATE FUNDS $1,420,948 $1,420,948 $1,420,948 State General Funds $1,420,948 $1,420,948 $1,420,948 TOTAL FEDERAL FUNDS $1,752,000 $1,752,000 $1,752,000 Federal Funds Not Itemized $1,752,000 $1,752,000 $1,752,000 TOTAL PUBLIC FUNDS $3,172,948 $3,172,948 $3,172,948 $1,407,848 $1,407,848 $1,752,000 $1,752,000 $3,159,848 $13,100 $1,420,948 $1,420,948 $1,752,000 $1,752,000 $3,172,948 Section 30: Labor, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Section Total - Continuation $55,209,022 $55,209,022 $260,232,588 $260,232,588 $31,293,878 $500,000 $30,793,878 $6,904,800 $55,209,022 $55,209,022 $260,232,588 $260,232,588 $31,293,878 $500,000 $30,793,878 $6,904,800 $55,209,022 $55,209,022 $260,232,588 $260,232,588 $31,293,878 $500,000 $30,793,878 $6,904,800 $55,209,022 $55,209,022 $260,232,588 $260,232,588 $31,293,878 $500,000 $30,793,878 $6,904,800 THURSDAY, MARCH 20, 2008 2093 Federal Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS $6,904,800 $6,904,800 $353,640,288 $353,640,288 Section Total - Final $55,081,172 $55,081,172 $55,081,172 $55,081,172 $260,232,588 $260,232,588 $260,232,588 $260,232,588 $31,293,878 $31,293,878 $500,000 $500,000 $30,793,878 $30,793,878 $6,904,800 $6,904,800 $6,904,800 $6,904,800 $353,512,438 $353,512,438 $6,904,800 $353,640,288 $55,081,172 $55,081,172 $260,232,588 $260,232,588 $31,293,878 $500,000 $30,793,878 $6,904,800 $6,904,800 $353,512,438 $6,904,800 $353,640,288 $55,081,172 $55,081,172 $260,232,588 $260,232,588 $31,293,878 $500,000 $30,793,878 $6,904,800 $6,904,800 $353,512,438 Business Enterprise Program Continuation Budget The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $441,519 $441,519 $441,519 $441,519 State General Funds $441,519 $441,519 $441,519 $441,519 TOTAL FEDERAL FUNDS $1,316,085 $1,316,085 $1,316,085 $1,316,085 Federal Funds Not Itemized $1,316,085 $1,316,085 $1,316,085 $1,316,085 TOTAL PUBLIC FUNDS $1,757,604 $1,757,604 $1,757,604 $1,757,604 247.100 -Business Enterprise Program Appropriation (HB 989) The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $441,519 $441,519 $441,519 $441,519 State General Funds $441,519 $441,519 $441,519 $441,519 TOTAL FEDERAL FUNDS $1,316,085 $1,316,085 $1,316,085 $1,316,085 Federal Funds Not Itemized $1,316,085 $1,316,085 $1,316,085 $1,316,085 TOTAL PUBLIC FUNDS $1,757,604 $1,757,604 $1,757,604 $1,757,604 Department of Labor Administration Continuation Budget 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 $3,480,593 $3,480,593 $3,480,593 $3,480,593 2094 JOURNAL OF THE SENATE State General Funds $3,480,593 $3,480,593 $3,480,593 $3,480,593 TOTAL FEDERAL FUNDS $10,607,019 $10,607,019 $10,607,019 $10,607,019 Federal Funds Not Itemized $10,607,019 $10,607,019 $10,607,019 $10,607,019 TOTAL PUBLIC FUNDS $14,087,612 $14,087,612 $14,087,612 $14,087,612 248.100 -Department of Labor Administration Appropriation (HB 989) 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 $3,480,593 $3,480,593 $3,480,593 $3,480,593 State General Funds $3,480,593 $3,480,593 $3,480,593 $3,480,593 TOTAL FEDERAL FUNDS $10,607,019 $10,607,019 $10,607,019 $10,607,019 Federal Funds Not Itemized $10,607,019 $10,607,019 $10,607,019 $10,607,019 TOTAL PUBLIC FUNDS $14,087,612 $14,087,612 $14,087,612 $14,087,612 Disability Adjudication Section Continuation Budget The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. TOTAL STATE FUNDS $0 $0 $0 $0 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 $55,598,820 249.100 -Disability Adjudication Section Appropriation (HB 989) 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 $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 Division of Rehabilitation Administration Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS $2,296,252 $2,296,252 $1,383,518 $2,296,252 $2,296,252 $1,383,518 $2,296,252 $2,296,252 $1,383,518 $2,296,252 $2,296,252 $1,383,518 THURSDAY, MARCH 20, 2008 2095 Federal Funds Not Itemized $1,383,518 $1,383,518 $1,383,518 $1,383,518 TOTAL PUBLIC FUNDS $3,679,770 $3,679,770 $3,679,770 $3,679,770 250.100 -Division of Rehabilitation Administration Appropriation (HB 989) 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 $2,296,252 $2,296,252 $2,296,252 $2,296,252 State General Funds $2,296,252 $2,296,252 $2,296,252 $2,296,252 TOTAL FEDERAL FUNDS $1,383,518 $1,383,518 $1,383,518 $1,383,518 Federal Funds Not Itemized $1,383,518 $1,383,518 $1,383,518 $1,383,518 TOTAL PUBLIC FUNDS $3,679,770 $3,679,770 $3,679,770 $3,679,770 Georgia Industries for the Blind Continuation Budget The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. TOTAL STATE FUNDS $559,846 $559,846 $559,846 $559,846 State General Funds $559,846 $559,846 $559,846 $559,846 TOTAL AGENCY FUNDS $11,599,375 $11,599,375 $11,599,375 $11,599,375 Reserved Fund Balances $500,000 $500,000 $500,000 $500,000 Reserved Fund Balances Not Itemized $500,000 $500,000 $500,000 $500,000 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 $12,159,221 $12,159,221 $12,159,221 $12,159,221 251.100 -Georgia Industries for the Blind Appropriation (HB 989) The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. TOTAL STATE FUNDS $559,846 $559,846 $559,846 $559,846 State General Funds $559,846 $559,846 $559,846 $559,846 TOTAL AGENCY FUNDS $11,599,375 $11,599,375 $11,599,375 $11,599,375 Reserved Fund Balances $500,000 $500,000 $500,000 $500,000 Reserved Fund Balances Not Itemized $500,000 $500,000 $500,000 $500,000 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 $12,159,221 $12,159,221 $12,159,221 $12,159,221 2096 JOURNAL OF THE SENATE Labor Market Information Continuation Budget 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 $743,946 $743,946 $743,946 $743,946 State General Funds $743,946 $743,946 $743,946 $743,946 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 $2,993,819 $2,993,819 $2,993,819 $2,993,819 252.100 -Labor Market Information Appropriation (HB 989) 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 $743,946 $743,946 $743,946 $743,946 State General Funds $743,946 $743,946 $743,946 $743,946 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 $2,993,819 $2,993,819 $2,993,819 $2,993,819 Roosevelt Warm Springs Institute Continuation Budget The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $7,183,148 $7,183,148 $7,183,148 $7,183,148 State General Funds $7,183,148 $7,183,148 $7,183,148 $7,183,148 TOTAL FEDERAL FUNDS $6,447,042 $6,447,042 $6,447,042 $6,447,042 Federal Funds Not Itemized $6,447,042 $6,447,042 $6,447,042 $6,447,042 TOTAL AGENCY FUNDS $18,888,287 $18,888,287 $18,888,287 $18,888,287 Sales and Services $18,888,287 $18,888,287 $18,888,287 $18,888,287 Sales and Services Not Itemized $18,888,287 $18,888,287 $18,888,287 $18,888,287 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,800 $4,800 $4,800 $4,800 Federal Funds Transfers $4,800 $4,800 $4,800 $4,800 FF National School Lunch Program CFDA10.555 $4,800 $4,800 $4,800 $4,800 TOTAL PUBLIC FUNDS $32,523,277 $32,523,277 $32,523,277 $32,523,277 253.1 Reduce funds for four vacant positions and operating expenses due to the delay in opening the outpatient clinic at Blanchard Hall. State General Funds ($127,850) ($127,850) ($127,850) 253.100 -Roosevelt Warm Springs Institute Appropriation (HB 989) The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. ($127,850) THURSDAY, MARCH 20, 2008 2097 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $7,055,298 $7,055,298 $6,447,042 $6,447,042 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $32,395,427 $7,055,298 $7,055,298 $6,447,042 $6,447,042 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $32,395,427 $7,055,298 $7,055,298 $6,447,042 $6,447,042 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $32,395,427 $7,055,298 $7,055,298 $6,447,042 $6,447,042 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $32,395,427 Safety Inspections Continuation Budget 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 $2,933,532 $2,933,532 $2,933,532 $2,933,532 State General Funds $2,933,532 $2,933,532 $2,933,532 $2,933,532 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 $3,102,084 $3,102,084 $3,102,084 $3,102,084 254.100 -Safety Inspections Appropriation (HB 989) 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 $2,933,532 $2,933,532 $2,933,532 $2,933,532 State General Funds $2,933,532 $2,933,532 $2,933,532 $2,933,532 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 $3,102,084 $3,102,084 $3,102,084 $3,102,084 Unemployment Insurance Continuation Budget 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 $11,111,470 $11,111,470 $11,111,470 $11,111,470 2098 JOURNAL OF THE SENATE State General Funds $11,111,470 $11,111,470 $11,111,470 $11,111,470 TOTAL FEDERAL FUNDS $36,580,349 $36,580,349 $36,580,349 $36,580,349 Federal Funds Not Itemized $36,580,349 $36,580,349 $36,580,349 $36,580,349 TOTAL PUBLIC FUNDS $47,691,819 $47,691,819 $47,691,819 $47,691,819 255.100 -Unemployment Insurance Appropriation (HB 989) 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 $11,111,470 $11,111,470 $11,111,470 $11,111,470 State General Funds $11,111,470 $11,111,470 $11,111,470 $11,111,470 TOTAL FEDERAL FUNDS $36,580,349 $36,580,349 $36,580,349 $36,580,349 Federal Funds Not Itemized $36,580,349 $36,580,349 $36,580,349 $36,580,349 TOTAL PUBLIC FUNDS $47,691,819 $47,691,819 $47,691,819 $47,691,819 Vocational Rehabilitation Program Continuation Budget The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $17,968,411 $17,968,411 $17,968,411 State General Funds $17,968,411 $17,968,411 $17,968,411 TOTAL FEDERAL FUNDS $65,667,153 $65,667,153 $65,667,153 Federal Funds Not Itemized $65,667,153 $65,667,153 $65,667,153 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 INTRA-STATE GOVERNMENT TRANSFERS $1,700,000 $1,700,000 $1,700,000 Federal Funds Transfers $1,700,000 $1,700,000 $1,700,000 FF Temporary Assistance for Needy Families CFDA93.558 $1,700,000 $1,700,000 $1,700,000 TOTAL PUBLIC FUNDS $86,141,780 $86,141,780 $86,141,780 256.100 -Vocational Rehabilitation Program Appropriation (HB 989) The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $17,968,411 $17,968,411 $17,968,411 State General Funds $17,968,411 $17,968,411 $17,968,411 TOTAL FEDERAL FUNDS $65,667,153 $65,667,153 $65,667,153 Federal Funds Not Itemized $65,667,153 $65,667,153 $65,667,153 TOTAL AGENCY FUNDS $806,216 $806,216 $806,216 $17,968,411 $17,968,411 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $86,141,780 $17,968,411 $17,968,411 $65,667,153 $65,667,153 $806,216 THURSDAY, MARCH 20, 2008 2099 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $86,141,780 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $86,141,780 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $86,141,780 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $86,141,780 Workforce Development Continuation Budget 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 $8,397,133 $8,397,133 $8,397,133 $8,397,133 State General Funds $8,397,133 $8,397,133 $8,397,133 $8,397,133 TOTAL FEDERAL FUNDS $80,214,177 $80,214,177 $80,214,177 $80,214,177 Federal Funds Not Itemized $80,214,177 $80,214,177 $80,214,177 $80,214,177 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,200,000 $5,200,000 $5,200,000 $5,200,000 Federal Funds Transfers $5,200,000 $5,200,000 $5,200,000 $5,200,000 FF Temporary Assistance for Needy Families CFDA93.558 $5,200,000 $5,200,000 $5,200,000 $5,200,000 TOTAL PUBLIC FUNDS $93,811,310 $93,811,310 $93,811,310 $93,811,310 257.100 -Workforce Development Appropriation (HB 989) 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 $8,397,133 $8,397,133 $8,397,133 $8,397,133 State General Funds $8,397,133 $8,397,133 $8,397,133 $8,397,133 TOTAL FEDERAL FUNDS $80,214,177 $80,214,177 $80,214,177 $80,214,177 Federal Funds Not Itemized $80,214,177 $80,214,177 $80,214,177 $80,214,177 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,200,000 $5,200,000 $5,200,000 $5,200,000 Federal Funds Transfers $5,200,000 $5,200,000 $5,200,000 $5,200,000 FF Temporary Assistance for Needy Families CFDA93.558 $5,200,000 $5,200,000 $5,200,000 $5,200,000 TOTAL PUBLIC FUNDS $93,811,310 $93,811,310 $93,811,310 $93,811,310 Commission on Women Continuation Budget 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 $93,172 2100 JOURNAL OF THE SENATE State General Funds $93,172 $93,172 $93,172 $93,172 TOTAL PUBLIC FUNDS $93,172 $93,172 $93,172 $93,172 258.100 -Commission on Women Appropriation (HB 989) 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 $93,172 State General Funds $93,172 $93,172 $93,172 $93,172 TOTAL PUBLIC FUNDS $93,172 $93,172 $93,172 $93,172 There is appropriated to the Department of Labor out of funds credited to and held in this states account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to and in accordance with Section 903 of the Social Security Act, as amended, an additional amount of $1,885,551.11. Of said additional amount, the sum of $1,885,551.11 is authorized to be allocated for expenses incurred in the administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the "Employment Security Law" as amended, including personal services and operating and other expenses incurred in the administration of said law, as well as for the purchase or rental, either or both, of improvements, repairs, or alterations to and of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, technology, data, reports and studies, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenance, improvements, repairs, or alterations of and to such real or personal property. Notwithstanding any other provision of this section, the amount appropriated in this section shall not exceed the amount in the Unemployment Trust Fund, which may be obligated for expenditure for such purposes as provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and the amount which may be obligated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund; provided, however, that said additional funds shall not be obligated for expenditure, as provided in this section, after the close of the two-year period which begins on the date of enactment of this section. Section 31: Law, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Section Total - Continuation $18,446,804 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $18,446,804 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $18,446,804 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $18,446,804 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 THURSDAY, MARCH 20, 2008 2101 State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $36,801,423 $36,801,423 $55,273,044 $55,273,044 Section Total - Final $18,446,804 $18,446,804 $18,446,804 $18,446,804 $24,817 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $36,801,423 $55,273,044 $55,273,044 $36,801,423 $55,273,044 $18,446,804 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $55,273,044 $36,801,423 $55,273,044 $18,446,804 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $55,273,044 Law, Department of Continuation Budget 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 $18,446,804 $18,446,804 $18,446,804 $18,446,804 State General Funds $18,446,804 $18,446,804 $18,446,804 $18,446,804 TOTAL AGENCY FUNDS $24,817 $24,817 $24,817 $24,817 Contributions, Donations, and Forfeitures $23,817 $23,817 $23,817 $23,817 Contributions, Donations, and Forfeitures Not Itemized $23,817 $23,817 $23,817 $23,817 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 $36,801,423 $36,801,423 $36,801,423 $36,801,423 State Funds Transfers $36,801,423 $36,801,423 $36,801,423 $36,801,423 Legal Services - Client Reimbursable per OCGA45-15-4 $36,801,423 $36,801,423 $36,801,423 $36,801,423 TOTAL PUBLIC FUNDS $55,273,044 $55,273,044 $55,273,044 $55,273,044 259.100 -Law, Department of Appropriation (HB 989) 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 $18,446,804 $18,446,804 $18,446,804 $18,446,804 State General Funds $18,446,804 $18,446,804 $18,446,804 $18,446,804 TOTAL AGENCY FUNDS $24,817 $24,817 $24,817 $24,817 Contributions, Donations, and Forfeitures $23,817 $23,817 $23,817 $23,817 2102 JOURNAL OF THE SENATE Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Legal Services - Client Reimbursable per OCGA45-15-4 TOTAL PUBLIC FUNDS $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $55,273,044 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $55,273,044 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $55,273,044 Section 32: State Personnel Administration TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $1,364,162 $1,364,162 $1,178,776 $1,178,776 $9,123 $9,123 $176,263 $176,263 $12,364,197 $12,364,197 $12,364,197 $12,364,197 $13,728,359 $13,728,359 Section Total - Final $1,364,162 $1,364,162 $1,178,776 $1,178,776 $9,123 $9,123 $176,263 $176,263 $12,364,197 $12,364,197 $12,364,197 $12,364,197 $13,728,359 $13,728,359 $1,364,162 $1,178,776 $9,123 $176,263 $12,364,197 $12,364,197 $13,728,359 $1,364,162 $1,178,776 $9,123 $176,263 $12,364,197 $12,364,197 $13,728,359 Recruitment and Staffing Services Continuation Budget The purpose of this appropriation is to provide a central point of contact for the general public. TOTAL STATE FUNDS TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments TOTAL PUBLIC FUNDS $0 $1,264,485 $1,264,485 $1,264,485 $1,264,485 $0 $1,264,485 $1,264,485 $1,264,485 $1,264,485 $0 $1,264,485 $1,264,485 $1,264,485 $1,264,485 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $55,273,044 $1,364,162 $1,178,776 $9,123 $176,263 $12,364,197 $12,364,197 $13,728,359 $1,364,162 $1,178,776 $9,123 $176,263 $12,364,197 $12,364,197 $13,728,359 $0 $1,264,485 $1,264,485 $1,264,485 $1,264,485 THURSDAY, MARCH 20, 2008 2103 260.100 -Recruitment and Staffing Services Appropriation (HB 989) The purpose of this appropriation is to provide a central point of contact for the general public. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,264,485 $1,264,485 $1,264,485 State Funds Transfers $1,264,485 $1,264,485 $1,264,485 Merit System Assessments $1,264,485 $1,264,485 $1,264,485 TOTAL PUBLIC FUNDS $1,264,485 $1,264,485 $1,264,485 $1,264,485 $1,264,485 $1,264,485 $1,264,485 System Administration Continuation Budget The purpose of this appropriation is to provide administrative and technical support to the agency. TOTAL STATE FUNDS $0 $0 $0 TOTAL AGENCY FUNDS $102,271 $102,271 $102,271 Reserved Fund Balances $102,271 $102,271 $102,271 Reserved Fund Balances Not Itemized $102,271 $102,271 $102,271 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,206,077 $4,206,077 $4,206,077 State Funds Transfers $4,206,077 $4,206,077 $4,206,077 Merit System Assessments $4,206,077 $4,206,077 $4,206,077 TOTAL PUBLIC FUNDS $4,308,348 $4,308,348 $4,308,348 261.100 -System Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative and technical support to the agency. TOTAL AGENCY FUNDS $102,271 $102,271 $102,271 Reserved Fund Balances $102,271 $102,271 $102,271 Reserved Fund Balances Not Itemized $102,271 $102,271 $102,271 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,206,077 $4,206,077 $4,206,077 State Funds Transfers $4,206,077 $4,206,077 $4,206,077 Merit System Assessments $4,206,077 $4,206,077 $4,206,077 TOTAL PUBLIC FUNDS $4,308,348 $4,308,348 $4,308,348 $0 $102,271 $102,271 $102,271 $4,206,077 $4,206,077 $4,206,077 $4,308,348 $102,271 $102,271 $102,271 $4,206,077 $4,206,077 $4,206,077 $4,308,348 Total Compensation and Rewards Continuation Budget The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies. TOTAL STATE FUNDS TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized $0 $1,261,891 $1,076,505 $1,076,505 $0 $1,261,891 $1,076,505 $1,076,505 $0 $1,261,891 $1,076,505 $1,076,505 $0 $1,261,891 $1,076,505 $1,076,505 2104 JOURNAL OF THE SENATE Interest and Investment Income $9,123 $9,123 $9,123 $9,123 Interest and Investment Income Not Itemized $9,123 $9,123 $9,123 $9,123 Sales and Services $176,263 $176,263 $176,263 $176,263 Sales and Services Not Itemized $176,263 $176,263 $176,263 $176,263 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,060,974 $3,060,974 $3,060,974 $3,060,974 State Funds Transfers $3,060,974 $3,060,974 $3,060,974 $3,060,974 Merit System Assessments $3,033,135 $3,033,135 $3,033,135 $3,033,135 Merit System Training and Compensation Fees $27,839 $27,839 $27,839 $27,839 TOTAL PUBLIC FUNDS $4,322,865 $4,322,865 $4,322,865 $4,322,865 262.100 -Total Compensation and Rewards Appropriation (HB 989) The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies. TOTAL AGENCY FUNDS $1,261,891 $1,261,891 $1,261,891 $1,261,891 Reserved Fund Balances $1,076,505 $1,076,505 $1,076,505 $1,076,505 Reserved Fund Balances Not Itemized $1,076,505 $1,076,505 $1,076,505 $1,076,505 Interest and Investment Income $9,123 $9,123 $9,123 $9,123 Interest and Investment Income Not Itemized $9,123 $9,123 $9,123 $9,123 Sales and Services $176,263 $176,263 $176,263 $176,263 Sales and Services Not Itemized $176,263 $176,263 $176,263 $176,263 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,060,974 $3,060,974 $3,060,974 $3,060,974 State Funds Transfers $3,060,974 $3,060,974 $3,060,974 $3,060,974 Merit System Assessments $3,033,135 $3,033,135 $3,033,135 $3,033,135 Merit System Training and Compensation Fees $27,839 $27,839 $27,839 $27,839 TOTAL PUBLIC FUNDS $4,322,865 $4,322,865 $4,322,865 $4,322,865 Workforce Development and Alignment Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments Merit System Training and Compensation Fees $0 $0 $3,832,661 $3,832,661 $3,527,070 $305,591 $0 $0 $3,832,661 $3,832,661 $3,527,070 $305,591 $0 $0 $3,832,661 $3,832,661 $3,527,070 $305,591 $0 $0 $3,832,661 $3,832,661 $3,527,070 $305,591 THURSDAY, MARCH 20, 2008 2105 TOTAL PUBLIC FUNDS $3,832,661 $3,832,661 $3,832,661 $3,832,661 263.100 -Workforce Development and Alignment Appropriation (HB 989) 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. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,832,661 $3,832,661 $3,832,661 $3,832,661 State Funds Transfers $3,832,661 $3,832,661 $3,832,661 $3,832,661 Merit System Assessments $3,527,070 $3,527,070 $3,527,070 $3,527,070 Merit System Training and Compensation Fees $305,591 $305,591 $305,591 $305,591 TOTAL PUBLIC FUNDS $3,832,661 $3,832,661 $3,832,661 $3,832,661 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 33: Natural Resources, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers 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 Reserved Fund Balances Intergovernmental Transfers Royalties and Rents Section Total - Continuation $130,555,764 $130,555,764 $130,555,764 $130,555,764 $9,996,755 $9,996,755 $9,996,755 $9,996,755 $25,058,798 $25,058,798 $103,913 $103,913 $2,941,137 $2,941,137 $15,250 $15,250 $21,998,498 $21,998,498 $165,611,317 $165,611,317 Section Total - Final $136,855,764 $136,855,764 $136,855,764 $136,855,764 $9,996,755 $9,996,755 $9,996,755 $9,996,755 $25,058,798 $25,058,798 $103,913 $103,913 $2,941,137 $2,941,137 $15,250 $15,250 $130,555,764 $130,555,764 $9,996,755 $9,996,755 $25,058,798 $103,913 $2,941,137 $15,250 $21,998,498 $165,611,317 $136,855,764 $136,855,764 $9,996,755 $9,996,755 $25,058,798 $103,913 $2,941,137 $15,250 $130,555,764 $130,555,764 $9,996,755 $9,996,755 $25,058,798 $103,913 $2,941,137 $15,250 $21,998,498 $165,611,317 $136,855,764 $136,855,764 $9,996,755 $9,996,755 $25,058,798 $103,913 $2,941,137 $15,250 2106 JOURNAL OF THE SENATE Sales and Services TOTAL PUBLIC FUNDS $21,998,498 $21,998,498 $21,998,498 $171,911,317 $171,911,317 $171,911,317 $21,998,498 $171,911,317 Coastal Resources Continuation Budget 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 $4,187,531 $4,187,531 $4,187,531 $4,187,531 State General Funds $4,187,531 $4,187,531 $4,187,531 $4,187,531 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 $4,358,393 $4,358,393 $4,358,393 $4,358,393 264.100 -Coastal Resources Appropriation (HB 989) 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 $4,187,531 $4,187,531 $4,187,531 $4,187,531 State General Funds $4,187,531 $4,187,531 $4,187,531 $4,187,531 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 $4,358,393 $4,358,393 $4,358,393 $4,358,393 Departmental Administration Continuation Budget The purpose of the program is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $10,180,372 $10,180,372 $10,180,372 $10,180,372 State General Funds $10,180,372 $10,180,372 $10,180,372 $10,180,372 TOTAL PUBLIC FUNDS $10,180,372 $10,180,372 $10,180,372 $10,180,372 265.1 Transfer funds from the Environmental Protection and Wildlife Resources programs to reflect legal expenses in the appropriate program. State General Funds $555,382 $555,382 $555,382 265.100 -Departmental Administration Appropriation (HB 989) The purpose of the program is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $10,735,754 $10,735,754 $10,735,754 State General Funds $10,735,754 $10,735,754 $10,735,754 TOTAL PUBLIC FUNDS $10,735,754 $10,735,754 $10,735,754 $555,382 $10,735,754 $10,735,754 $10,735,754 THURSDAY, MARCH 20, 2008 2107 Environmental Protection Continuation Budget 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 $30,969,784 $30,969,784 $30,969,784 $30,969,784 State General Funds $30,969,784 $30,969,784 $30,969,784 $30,969,784 TOTAL FEDERAL FUNDS $3,363,161 $3,363,161 $3,363,161 $3,363,161 Federal Funds Not Itemized $3,363,161 $3,363,161 $3,363,161 $3,363,161 TOTAL AGENCY FUNDS $6,797,557 $6,797,557 $6,797,557 $6,797,557 Sales and Services $6,797,557 $6,797,557 $6,797,557 $6,797,557 Sales and Services Not Itemized $6,797,557 $6,797,557 $6,797,557 $6,797,557 TOTAL PUBLIC FUNDS $41,130,502 $41,130,502 $41,130,502 $41,130,502 266.1 Transfer funds to the Departmental Administration program to reflect legal expenses in the appropriate program. State General Funds ($516,505) ($516,505) ($516,505) ($516,505) 266.100 -Environmental Protection Appropriation (HB 989) 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 $30,453,279 $30,453,279 $30,453,279 $30,453,279 State General Funds $30,453,279 $30,453,279 $30,453,279 $30,453,279 TOTAL FEDERAL FUNDS $3,363,161 $3,363,161 $3,363,161 $3,363,161 Federal Funds Not Itemized $3,363,161 $3,363,161 $3,363,161 $3,363,161 TOTAL AGENCY FUNDS $6,797,557 $6,797,557 $6,797,557 $6,797,557 Sales and Services $6,797,557 $6,797,557 $6,797,557 $6,797,557 Sales and Services Not Itemized $6,797,557 $6,797,557 $6,797,557 $6,797,557 TOTAL PUBLIC FUNDS $40,613,997 $40,613,997 $40,613,997 $40,613,997 Hazardous Waste Trust Fund Investigate and clean up abandoned hazardous sites. Continuation Budget TOTAL STATE FUNDS $7,600,000 $7,600,000 State General Funds $7,600,000 $7,600,000 TOTAL PUBLIC FUNDS $7,600,000 $7,600,000 267.1 Increase funds for clean-up of local government landfills and abandoned hazardous sites. State General Funds $6,300,000 $6,300,000 $7,600,000 $7,600,000 $7,600,000 $6,300,000 $7,600,000 $7,600,000 $7,600,000 $6,300,000 2108 JOURNAL OF THE SENATE 267.100 -Hazardous Waste Trust Fund Investigate and clean up abandoned hazardous sites. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $13,900,000 $13,900,000 $13,900,000 $13,900,000 $13,900,000 $13,900,000 $13,900,000 $13,900,000 $13,900,000 $13,900,000 $13,900,000 $13,900,000 Historic Preservation Continuation Budget 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 $2,136,950 $2,136,950 $2,136,950 $2,136,950 State General Funds $2,136,950 $2,136,950 $2,136,950 $2,136,950 TOTAL FEDERAL FUNDS $490,000 $490,000 $490,000 $490,000 Federal Funds Not Itemized $490,000 $490,000 $490,000 $490,000 TOTAL PUBLIC FUNDS $2,626,950 $2,626,950 $2,626,950 $2,626,950 268.100 -Historic Preservation Appropriation (HB 989) 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 $2,136,950 $2,136,950 $2,136,950 $2,136,950 State General Funds $2,136,950 $2,136,950 $2,136,950 $2,136,950 TOTAL FEDERAL FUNDS $490,000 $490,000 $490,000 $490,000 Federal Funds Not Itemized $490,000 $490,000 $490,000 $490,000 TOTAL PUBLIC FUNDS $2,626,950 $2,626,950 $2,626,950 $2,626,950 Land Conservation Continuation Budget 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 $509,496 $509,496 $509,496 $509,496 State General Funds $509,496 $509,496 $509,496 $509,496 TOTAL PUBLIC FUNDS $509,496 $509,496 $509,496 $509,496 269.100 -Land Conservation Appropriation (HB 989) 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 $509,496 $509,496 $509,496 $509,496 THURSDAY, MARCH 20, 2008 2109 State General Funds TOTAL PUBLIC FUNDS $509,496 $509,496 $509,496 $509,496 $509,496 $509,496 $509,496 $509,496 Parks, Recreation and Historic Sites Continuation Budget 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 $24,286,246 $24,286,246 $24,286,246 $24,286,246 State General Funds $24,286,246 $24,286,246 $24,286,246 $24,286,246 TOTAL FEDERAL FUNDS $845,941 $845,941 $845,941 $845,941 Federal Funds Not Itemized $845,941 $845,941 $845,941 $845,941 TOTAL AGENCY FUNDS $17,879,882 $17,879,882 $17,879,882 $17,879,882 Intergovernmental Transfers $2,941,137 $2,941,137 $2,941,137 $2,941,137 Intergovernmental Transfers Not Itemized $2,941,137 $2,941,137 $2,941,137 $2,941,137 Sales and Services $14,938,745 $14,938,745 $14,938,745 $14,938,745 Sales and Services Not Itemized $14,938,745 $14,938,745 $14,938,745 $14,938,745 TOTAL PUBLIC FUNDS $43,012,069 $43,012,069 $43,012,069 $43,012,069 270.100 -Parks, Recreation and Historic Sites Appropriation (HB 989) 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 $24,286,246 $24,286,246 $24,286,246 $24,286,246 State General Funds $24,286,246 $24,286,246 $24,286,246 $24,286,246 TOTAL FEDERAL FUNDS $845,941 $845,941 $845,941 $845,941 Federal Funds Not Itemized $845,941 $845,941 $845,941 $845,941 TOTAL AGENCY FUNDS $17,879,882 $17,879,882 $17,879,882 $17,879,882 Intergovernmental Transfers $2,941,137 $2,941,137 $2,941,137 $2,941,137 Intergovernmental Transfers Not Itemized $2,941,137 $2,941,137 $2,941,137 $2,941,137 Sales and Services $14,938,745 $14,938,745 $14,938,745 $14,938,745 Sales and Services Not Itemized $14,938,745 $14,938,745 $14,938,745 $14,938,745 TOTAL PUBLIC FUNDS $43,012,069 $43,012,069 $43,012,069 $43,012,069 Pollution Prevention Assistance Continuation Budget The purpose of this appropriation is to reduce pollution by providing non-regulatory assistance. TOTAL STATE FUNDS $16,075 $16,075 $16,075 $16,075 2110 JOURNAL OF THE SENATE State General Funds $16,075 $16,075 $16,075 TOTAL AGENCY FUNDS $103,913 $103,913 $103,913 Reserved Fund Balances $103,913 $103,913 $103,913 Reserved Fund Balances Not Itemized $103,913 $103,913 $103,913 TOTAL PUBLIC FUNDS $119,988 $119,988 $119,988 271.100 -Pollution Prevention Assistance Appropriation (HB 989) 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 $103,913 Reserved Fund Balances $103,913 $103,913 $103,913 Reserved Fund Balances Not Itemized $103,913 $103,913 $103,913 TOTAL PUBLIC FUNDS $119,988 $119,988 $119,988 $16,075 $103,913 $103,913 $103,913 $119,988 $16,075 $16,075 $103,913 $103,913 $103,913 $119,988 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 $6,000,000 $6,000,000 $6,000,000 $6,000,000 State General Funds $6,000,000 $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $6,000,000 $6,000,000 $6,000,000 $6,000,000 272.100 -Solid Waste Trust Fund Appropriation (HB 989) 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 $6,000,000 $6,000,000 $6,000,000 $6,000,000 State General Funds $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 Wildlife Resources Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS $40,774,791 $40,774,791 $5,126,791 $40,774,791 $40,774,791 $5,126,791 $40,774,791 $40,774,791 $5,126,791 $40,774,791 $40,774,791 $5,126,791 THURSDAY, MARCH 20, 2008 2111 Federal Funds Not Itemized $5,126,791 $5,126,791 $5,126,791 $5,126,791 TOTAL AGENCY FUNDS $277,446 $277,446 $277,446 $277,446 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 $262,196 $262,196 Sales and Services Not Itemized $262,196 $262,196 $262,196 $262,196 TOTAL PUBLIC FUNDS $46,179,028 $46,179,028 $46,179,028 $46,179,028 273.1 Transfer funds to the Departmental Administration program to reflect legal expenses in the appropriate program. State General Funds ($38,877) ($38,877) ($38,877) ($38,877) 273.100 -Wildlife Resources Appropriation (HB 989) 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 $40,735,914 $40,735,914 $40,735,914 $40,735,914 State General Funds $40,735,914 $40,735,914 $40,735,914 $40,735,914 TOTAL FEDERAL FUNDS $5,126,791 $5,126,791 $5,126,791 $5,126,791 Federal Funds Not Itemized $5,126,791 $5,126,791 $5,126,791 $5,126,791 TOTAL AGENCY FUNDS $277,446 $277,446 $277,446 $277,446 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 $262,196 $262,196 Sales and Services Not Itemized $262,196 $262,196 $262,196 $262,196 TOTAL PUBLIC FUNDS $46,140,151 $46,140,151 $46,140,151 $46,140,151 Payments to Georgia Agricultural Exposition Authority Continuation Budget The purpose of this appropriation is to provide operating funds for and 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 $2,244,904 $2,244,904 $2,244,904 $2,244,904 State General Funds $2,244,904 $2,244,904 $2,244,904 $2,244,904 TOTAL PUBLIC FUNDS $2,244,904 $2,244,904 $2,244,904 $2,244,904 275.100 -Payments to Georgia Agricultural Exposition Authority Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for and 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 2112 JOURNAL OF THE SENATE fair. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 Payments to Georgia Agrirama Development Authority Continuation Budget The purpose of this appropriation is to provide operating funds for and to collect, display, and preserve material culture of Georgia's agriculture and rural history and present agriculture and rural history to the general public and school groups. TOTAL STATE FUNDS $1,177,651 $1,177,651 $1,177,651 $1,177,651 State General Funds $1,177,651 $1,177,651 $1,177,651 $1,177,651 TOTAL PUBLIC FUNDS $1,177,651 $1,177,651 $1,177,651 $1,177,651 276.100 -Payments to Georgia Agrirama Development Authority Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for and to collect, display, and preserve material culture of Georgia's agriculture and rural history and present agriculture and rural history to the general public and school groups. TOTAL STATE FUNDS $1,177,651 $1,177,651 $1,177,651 $1,177,651 State General Funds $1,177,651 $1,177,651 $1,177,651 $1,177,651 TOTAL PUBLIC FUNDS $1,177,651 $1,177,651 $1,177,651 $1,177,651 Payments to Lake Allatoona Preservation Authority Continuation Budget The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority. 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 $100,000 277.100 -Payments to Lake Allatoona Preservation Authority Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority. 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 of this appropriation is to provide operating funds for and 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. THURSDAY, MARCH 20, 2008 2113 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 $371,964 278.100 -Payments to Southwest Georgia Railroad Excursion Authority Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for and 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 Jekyll Island State Park Authority - $260,844 for year 20 of 20 years, last payment being made June 15th, 2009; Jekyll Island Convention Center and Golf Course - $679,346 for year 15 of 20 years, last payment being made June 15th, 2014; and North Georgia Mountains Authority - $1,434,982 for year 15 of 20 years, last payment being made June 15th, 2014. Section 34: Pardons and Paroles, State Board of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 Section Total - Final $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 Board Administration Continuation Budget The purpose of this appropriation is to provide administrative support for the agency. 2114 JOURNAL OF THE SENATE TOTAL STATE FUNDS $5,974,389 $5,974,389 $5,974,389 $5,974,389 State General Funds $5,974,389 $5,974,389 $5,974,389 $5,974,389 TOTAL PUBLIC FUNDS $5,974,389 $5,974,389 $5,974,389 $5,974,389 279.1 Transfer funds to the Clemency Decisions program for costs associated with the Clemency Online Navigation System and scanner operators. State General Funds ($10,429) ($10,429) ($10,429) 279.100 -Board Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $5,963,960 $5,963,960 $5,963,960 State General Funds $5,963,960 $5,963,960 $5,963,960 TOTAL PUBLIC FUNDS $5,963,960 $5,963,960 $5,963,960 ($10,429) $5,963,960 $5,963,960 $5,963,960 Clemency Decisions Continuation Budget 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 $10,935,172 $10,935,172 $10,935,172 $10,935,172 State General Funds $10,935,172 $10,935,172 $10,935,172 $10,935,172 TOTAL PUBLIC FUNDS $10,935,172 $10,935,172 $10,935,172 $10,935,172 280.1 Transfer funds from the Board Administration program for costs associated with the Clemency Online Navigation System and scanner operators. State General Funds $10,429 $10,429 280.2 Transfer funds from the Parole Supervision program to cover operating expenses. $10,429 $10,429 State General Funds $49,350 $49,350 $49,350 $49,350 280.100 -Clemency Decisions Appropriation (HB 989) 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 $10,994,951 $10,994,951 $10,994,951 $10,994,951 State General Funds $10,994,951 $10,994,951 $10,994,951 $10,994,951 TOTAL PUBLIC FUNDS $10,994,951 $10,994,951 $10,994,951 $10,994,951 Parole Supervision Continuation Budget The purpose is for transitioning offenders from prison back into the community as productive, law abiding citizens. THURSDAY, MARCH 20, 2008 2115 TOTAL STATE FUNDS $38,149,974 $38,149,974 State General Funds $38,149,974 $38,149,974 TOTAL PUBLIC FUNDS $38,149,974 $38,149,974 281.1 Transfer funds to the Clemency Decisions program to cover operating expenses. $38,149,974 $38,149,974 $38,149,974 $38,149,974 $38,149,974 $38,149,974 State General Funds ($49,350) ($49,350) ($49,350) ($49,350) 281.100 -Parole Supervision Appropriation (HB 989) The purpose is for transitioning offenders from prison back into the community as productive, law abiding citizens. TOTAL STATE FUNDS $38,100,624 $38,100,624 $38,100,624 $38,100,624 State General Funds $38,100,624 $38,100,624 $38,100,624 $38,100,624 TOTAL PUBLIC FUNDS $38,100,624 $38,100,624 $38,100,624 $38,100,624 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 $553,346 $553,346 $553,346 $553,346 State General Funds $553,346 $553,346 $553,346 $553,346 TOTAL PUBLIC FUNDS $553,346 $553,346 $553,346 $553,346 282.100 -Victim Services Appropriation (HB 989) 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 $553,346 $553,346 $553,346 $553,346 State General Funds $553,346 $553,346 $553,346 $553,346 TOTAL PUBLIC FUNDS $553,346 $553,346 $553,346 $553,346 Section 35: Properties Commission, State TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $1,250,000 $1,250,000 $999,895 $999,895 $2,249,895 $1,250,000 $1,250,000 $999,895 $999,895 $2,249,895 $1,250,000 $1,250,000 $999,895 $999,895 $2,249,895 $1,250,000 $1,250,000 $999,895 $999,895 $2,249,895 2116 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $1,250,000 $1,250,000 $1,250,000 $1,250,000 $999,895 $999,895 $999,895 $999,895 $2,249,895 $2,249,895 $1,250,000 $1,250,000 $999,895 $999,895 $2,249,895 $1,250,000 $1,250,000 $999,895 $999,895 $2,249,895 Leasing Continuation Budget 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 STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $406,637 $406,637 $406,637 $406,637 State Funds Transfers $406,637 $406,637 $406,637 $406,637 Rental Payments $406,637 $406,637 $406,637 $406,637 TOTAL PUBLIC FUNDS $406,637 $406,637 $406,637 $406,637 283.100 -Leasing Appropriation (HB 989) 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 $406,637 $406,637 $406,637 $406,637 State Funds Transfers $406,637 $406,637 $406,637 $406,637 Rental Payments $406,637 $406,637 $406,637 $406,637 TOTAL PUBLIC FUNDS $406,637 $406,637 $406,637 $406,637 Properties Commission, State Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Rental Payments TOTAL PUBLIC FUNDS $0 $0 $593,258 $593,258 $593,258 $593,258 $0 $0 $593,258 $593,258 $593,258 $593,258 $0 $0 $593,258 $593,258 $593,258 $593,258 $0 $0 $593,258 $593,258 $593,258 $593,258 THURSDAY, MARCH 20, 2008 2117 284.100 -Properties Commission, State Appropriation (HB 989) 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. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $593,258 $593,258 $593,258 $593,258 State Funds Transfers $593,258 $593,258 $593,258 $593,258 Rental Payments $593,258 $593,258 $593,258 $593,258 TOTAL PUBLIC FUNDS $593,258 $593,258 $593,258 $593,258 Payments to Georgia Building Authority Continuation Budget The purpose of this appropriation is to provide maintenance, repairs and preparatory work on property owned by the Georgia Building Authority. TOTAL STATE FUNDS $1,250,000 $1,250,000 $1,250,000 $1,250,000 State General Funds $1,250,000 $1,250,000 $1,250,000 $1,250,000 TOTAL PUBLIC FUNDS $1,250,000 $1,250,000 $1,250,000 $1,250,000 285.100 -Payments to Georgia Building Authority Appropriation (HB 989) The purpose of this appropriation is to provide maintenance, repairs and preparatory work on property owned by the Georgia Building Authority. TOTAL STATE FUNDS $1,250,000 $1,250,000 $1,250,000 $1,250,000 State General Funds $1,250,000 $1,250,000 $1,250,000 $1,250,000 TOTAL PUBLIC FUNDS $1,250,000 $1,250,000 $1,250,000 $1,250,000 Section 36: Public Defender Standards Council, Georgia TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Section Total - Continuation $35,430,140 $35,430,140 $35,430,140 $35,430,140 $4,835,038 $4,835,038 $2,619,787 $2,619,787 $2,215,251 $2,215,251 $40,265,178 $40,265,178 Section Total - Final $39,117,324 $39,117,324 $39,117,324 $39,117,324 $4,835,038 $4,835,038 $35,430,140 $35,430,140 $4,835,038 $2,619,787 $2,215,251 $40,265,178 $35,943,265 $35,943,265 $8,430,712 $35,430,140 $35,430,140 $4,835,038 $2,619,787 $2,215,251 $40,265,178 $38,130,140 $38,130,140 $8,430,712 2118 JOURNAL OF THE SENATE Reserved Fund Balances Interest and Investment Income Sales and Services TOTAL PUBLIC FUNDS $2,619,787 $2,215,251 $43,952,362 $2,619,787 $2,215,251 $43,952,362 $18,500 $4,748,923 $3,663,289 $44,373,977 $18,500 $4,748,923 $3,663,289 $46,560,852 Public Defender Standards Council Continuation Budget The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate and Central Office. TOTAL STATE FUNDS $5,930,028 $5,930,028 $5,930,028 $5,930,028 State General Funds $5,930,028 $5,930,028 $5,930,028 $5,930,028 TOTAL AGENCY FUNDS $2,775,048 $2,775,048 $2,775,048 $2,775,048 Interest and Investment Income $559,797 $559,797 $559,797 $559,797 Interest and Investment Income Not Itemized $559,797 $559,797 $559,797 $559,797 Sales and Services $2,215,251 $2,215,251 $2,215,251 $2,215,251 Sales and Services Not Itemized $2,215,251 $2,215,251 $2,215,251 $2,215,251 TOTAL PUBLIC FUNDS $8,705,076 $8,705,076 $8,705,076 $8,705,076 23.1 Increase funds to address a pending backlog of indigent defense cases assigned to private attorneys due to a conflict of interest. (S:Utilize reserves received from the Administrative Office of the Courts to cover this onetime shortfall per the Legislative Oversight Committee's Annual Report issued in accordance with O.C.G.A 17-12-10.1b) State General Funds $992,099 $992,099 $0 $790,310 Sales and Services Not Itemized $1,448,038 $1,448,038 TOTAL PUBLIC FUNDS $1,448,038 $2,238,348 23.100 -Public Defender Standards Council Appropriation (HB 989) The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate and Central Office. TOTAL STATE FUNDS $6,922,127 $6,922,127 $5,930,028 $6,720,338 State General Funds $6,922,127 $6,922,127 $5,930,028 $6,720,338 TOTAL AGENCY FUNDS $2,775,048 $2,775,048 $4,223,086 $4,223,086 Interest and Investment Income $559,797 $559,797 $559,797 $559,797 Interest and Investment Income Not Itemized $559,797 $559,797 $559,797 $559,797 Sales and Services $2,215,251 $2,215,251 $3,663,289 $3,663,289 Sales and Services Not Itemized $2,215,251 $2,215,251 $3,663,289 $3,663,289 TOTAL PUBLIC FUNDS $9,697,175 $9,697,175 $10,153,114 $10,943,424 THURSDAY, MARCH 20, 2008 2119 Public Defenders Continuation Budget 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; provided that staffing for circuits are based on O.C.G.A. 17-12. TOTAL STATE FUNDS $29,500,112 $29,500,112 $29,500,112 $29,500,112 State General Funds $29,500,112 $29,500,112 $29,500,112 $29,500,112 TOTAL AGENCY FUNDS $2,059,990 $2,059,990 $2,059,990 $2,059,990 Interest and Investment Income $2,059,990 $2,059,990 $2,059,990 $2,059,990 Interest and Investment Income Not Itemized $2,059,990 $2,059,990 $2,059,990 $2,059,990 TOTAL PUBLIC FUNDS $31,560,102 $31,560,102 $31,560,102 $31,560,102 24.1 Increase funds to address a pending backlog of indigent defense cases assigned to private attorneys due to a conflict of interest. (S:Utilize reserves received from the Administrative Office of the Courts to cover this onetime shortfall per the Legislative Oversight Committee's Annual Report issued in accordance with O.C.G.A 17-12-10.1b) State General Funds $2,695,085 $2,695,085 $513,125 $1,909,690 Reserved Fund Balances Not Itemized $18,500 $18,500 Interest and Investment Income Not Itemized $2,129,136 $2,129,136 TOTAL PUBLIC FUNDS $2,660,761 $4,057,326 24.100 -Public Defenders Appropriation (HB 989) 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; provided that staffing for circuits are based on O.C.G.A. 17-12. TOTAL STATE FUNDS $32,195,197 $32,195,197 $30,013,237 $31,409,802 State General Funds $32,195,197 $32,195,197 $30,013,237 $31,409,802 TOTAL AGENCY FUNDS $2,059,990 $2,059,990 $4,207,626 $4,207,626 Reserved Fund Balances $18,500 $18,500 Reserved Fund Balances Not Itemized $18,500 $18,500 Interest and Investment Income $2,059,990 $2,059,990 $4,189,126 $4,189,126 Interest and Investment Income Not Itemized $2,059,990 $2,059,990 $4,189,126 $4,189,126 TOTAL PUBLIC FUNDS $34,255,187 $34,255,187 $34,220,863 $35,617,428 Section 37: Public Safety, Department of TOTAL STATE FUNDS Section Total - Continuation $121,232,673 $121,232,673 $121,232,673 $121,232,673 2120 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS $121,232,673 $8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $138,944,014 $121,232,673 $8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $138,944,014 $121,232,673 $8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $138,944,014 $121,232,673 $8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $138,944,014 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $122,456,673 $122,456,673 $122,456,673 $122,456,673 $8,328,935 $8,328,935 $8,328,935 $8,328,935 $9,382,406 $9,382,406 $3,151,435 $3,151,435 $6,230,971 $6,230,971 $140,168,014 $140,168,014 $122,456,673 $122,456,673 $8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $140,168,014 $122,456,673 $122,456,673 $8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $140,168,014 Aviation Continuation Budget 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 $2,630,550 $2,630,550 $2,630,550 $2,630,550 State General Funds $2,630,550 $2,630,550 $2,630,550 $2,630,550 TOTAL PUBLIC FUNDS $2,630,550 $2,630,550 $2,630,550 $2,630,550 286.1 Transfer funds from the Field Offices and Services program for the special law enforcement salary increase to reflect expenditures. State General Funds $235,421 $225,968 $225,968 286.100 -Aviation Appropriation (HB 989) 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 $2,630,550 $2,865,971 $2,856,518 $2,856,518 State General Funds $2,630,550 $2,865,971 $2,856,518 $2,856,518 TOTAL PUBLIC FUNDS $2,630,550 $2,865,971 $2,856,518 $2,856,518 THURSDAY, MARCH 20, 2008 2121 Capitol Police Services Continuation Budget The purpose of this appropriation is to protect life and property, prevent and detect criminal acts, and enforce traffic regulations throughout the Capitol. TOTAL STATE FUNDS $0 $0 $0 $0 TOTAL AGENCY FUNDS $3,151,435 $3,151,435 $3,151,435 $3,151,435 Intergovernmental Transfers $3,151,435 $3,151,435 $3,151,435 $3,151,435 Intergovernmental Transfers Not Itemized $3,151,435 $3,151,435 $3,151,435 $3,151,435 TOTAL PUBLIC FUNDS $3,151,435 $3,151,435 $3,151,435 $3,151,435 287.100 -Capitol Police Services Appropriation (HB 989) 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 $3,151,435 $3,151,435 $3,151,435 $3,151,435 Intergovernmental Transfers $3,151,435 $3,151,435 $3,151,435 $3,151,435 Intergovernmental Transfers Not Itemized $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 Departmental Administration Continuation Budget 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 $9,434,931 $9,434,931 $9,434,931 $9,434,931 State General Funds $9,434,931 $9,434,931 $9,434,931 $9,434,931 TOTAL PUBLIC FUNDS $9,434,931 $9,434,931 $9,434,931 $9,434,931 288.100 -Departmental Administration Appropriation (HB 989) 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 $9,434,931 $9,434,931 $9,434,931 $9,434,931 State General Funds $9,434,931 $9,434,931 $9,434,931 $9,434,931 TOTAL PUBLIC FUNDS $9,434,931 $9,434,931 $9,434,931 $9,434,931 Executive Security Services Continuation Budget 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 $1,467,064 $1,467,064 $1,467,064 $1,467,064 2122 JOURNAL OF THE SENATE State General Funds $1,467,064 $1,467,064 $1,467,064 $1,467,064 TOTAL PUBLIC FUNDS $1,467,064 $1,467,064 $1,467,064 $1,467,064 289.1 Transfer funds from the Field Offices and Services program for the special law enforcement salary increase to reflect expenditures. State General Funds $52,567 $17,847 $17,847 289.100 -Executive Security Services Appropriation (HB 989) 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 $1,467,064 $1,519,631 $1,484,911 $1,484,911 State General Funds $1,467,064 $1,519,631 $1,484,911 $1,484,911 TOTAL PUBLIC FUNDS $1,467,064 $1,519,631 $1,484,911 $1,484,911 Field Offices and Services Continuation Budget 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 $78,566,545 State General Funds $78,566,545 TOTAL PUBLIC FUNDS $78,566,545 290.1 Increase funds to replace thirty-four high-mileage trooper cars. $78,566,545 $78,566,545 $78,566,545 $78,566,545 $78,566,545 $78,566,545 $78,566,545 $78,566,545 $78,566,545 State General Funds $1,224,000 $1,224,000 $1,224,000 $1,224,000 290.2 Transfer funds to the Aviation, Executive Security Services, Specialized Collision Reconstruction Team, and Troop J Specialty Units programs for the special law enforcement salary increase to reflect expenditures. State General Funds ($488,250) ($506,109) ($506,109) 290.3 Reduce funds from the base budget to reflect the appropriation in line 290.101 for the contract for training at the North Central Law Enforcement Academy. State General Funds ($250,000) 290.100 -Field Offices and Services Appropriation (HB 989) 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 $79,790,545 $79,302,295 $79,284,436 $79,034,436 State General Funds $79,790,545 $79,302,295 $79,284,436 $79,034,436 TOTAL PUBLIC FUNDS $79,790,545 $79,302,295 $79,284,436 $79,034,436 THURSDAY, MARCH 20, 2008 2123 290.101 Special Project - Field Offices and Services: Increase funds for the contract for training at the North Central Law Enforcement Academy. State General Funds $250,000 Motor Carrier Compliance Continuation Budget The purpose of this appropriation is to provide safety and compliance enforcement for commercial motor carriers, school buses, large passenger vehicles, and enforce High Occupancy Vehicle lane use restrictions. TOTAL STATE FUNDS $7,843,468 $7,843,468 $7,843,468 $7,843,468 State General Funds $7,843,468 $7,843,468 $7,843,468 $7,843,468 TOTAL FEDERAL FUNDS $5,161,998 $5,161,998 $5,161,998 $5,161,998 Federal Funds Not Itemized $5,161,998 $5,161,998 $5,161,998 $5,161,998 TOTAL AGENCY FUNDS $4,596,898 $4,596,898 $4,596,898 $4,596,898 Sales and Services $4,596,898 $4,596,898 $4,596,898 $4,596,898 Sales and Services Not Itemized $4,596,898 $4,596,898 $4,596,898 $4,596,898 TOTAL PUBLIC FUNDS $17,602,364 $17,602,364 $17,602,364 $17,602,364 291.100 -Motor Carrier Compliance Appropriation (HB 989) The purpose of this appropriation is to provide safety and compliance enforcement for commercial motor carriers, school buses, large passenger vehicles, and enforce High Occupancy Vehicle lane use restrictions. TOTAL STATE FUNDS $7,843,468 $7,843,468 $7,843,468 $7,843,468 State General Funds $7,843,468 $7,843,468 $7,843,468 $7,843,468 TOTAL FEDERAL FUNDS $5,161,998 $5,161,998 $5,161,998 $5,161,998 Federal Funds Not Itemized $5,161,998 $5,161,998 $5,161,998 $5,161,998 TOTAL AGENCY FUNDS $4,596,898 $4,596,898 $4,596,898 $4,596,898 Sales and Services $4,596,898 $4,596,898 $4,596,898 $4,596,898 Sales and Services Not Itemized $4,596,898 $4,596,898 $4,596,898 $4,596,898 TOTAL PUBLIC FUNDS $17,602,364 $17,602,364 $17,602,364 $17,602,364 Specialized Collision Reconstruction Team Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $2,517,279 $2,517,279 $2,517,279 $2,517,279 $2,517,279 $2,517,279 $2,517,279 $2,517,279 $2,517,279 $2,517,279 $2,517,279 $2,517,279 2124 JOURNAL OF THE SENATE 292.1 Transfer funds from the Field Offices and Services program for the special law enforcement salary increase to reflect expenditures. State General Funds $143,173 $249,943 $249,943 292.100 -Specialized Collision Reconstruction Team Appropriation (HB 989) 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 $2,517,279 $2,660,452 $2,767,222 $2,767,222 State General Funds $2,517,279 $2,660,452 $2,767,222 $2,767,222 TOTAL PUBLIC FUNDS $2,517,279 $2,660,452 $2,767,222 $2,767,222 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 $2,460,304 $2,460,304 $2,460,304 $2,460,304 State General Funds $2,460,304 $2,460,304 $2,460,304 $2,460,304 TOTAL PUBLIC FUNDS $2,460,304 $2,460,304 $2,460,304 $2,460,304 293.1 Transfer funds from the Field Offices and Services program for the special law enforcement salary increase to reflect expenditures. State General Funds $57,089 $12,351 $12,351 293.100 -Troop J Specialty Units Appropriation (HB 989) 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 $2,460,304 $2,517,393 $2,472,655 $2,472,655 State General Funds $2,460,304 $2,517,393 $2,472,655 $2,472,655 TOTAL PUBLIC FUNDS $2,460,304 $2,517,393 $2,472,655 $2,472,655 Firefighter Standards and Training Council, Georgia Continuation Budget The purpose of this appropriation is to provide professionally trained, competent and ethical firefighters with the proper equipment and facilities to ensure a fire safe environment for Georgia citizens and establish professional standards for fire service training, including consulting, testing and certification of Georgia's firefighters. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $905,403 $905,403 $905,403 $905,403 $905,403 $905,403 $905,403 $905,403 $905,403 $905,403 $905,403 $905,403 THURSDAY, MARCH 20, 2008 2125 294.100 -Firefighter Standards and Training Council, Georgia Appropriation (HB 989) The purpose of this appropriation is to provide professionally trained, competent and ethical firefighters with the proper equipment and facilities to ensure a fire safe environment for Georgia citizens and establish professional standards for fire service training, including consulting, testing and certification of Georgia's firefighters. TOTAL STATE FUNDS $905,403 $905,403 $905,403 $905,403 State General Funds $905,403 $905,403 $905,403 $905,403 TOTAL PUBLIC FUNDS $905,403 $905,403 $905,403 $905,403 Highway Safety, Office of Continuation Budget 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 $521,295 $521,295 $521,295 $521,295 State General Funds $521,295 $521,295 $521,295 $521,295 TOTAL FEDERAL FUNDS $3,166,937 $3,166,937 $3,166,937 $3,166,937 Federal Funds Not Itemized $3,166,937 $3,166,937 $3,166,937 $3,166,937 TOTAL PUBLIC FUNDS $3,688,232 $3,688,232 $3,688,232 $3,688,232 295.100 -Highway Safety, Office of Appropriation (HB 989) 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 $521,295 $521,295 $521,295 $521,295 State General Funds $521,295 $521,295 $521,295 $521,295 TOTAL FEDERAL FUNDS $3,166,937 $3,166,937 $3,166,937 $3,166,937 Federal Funds Not Itemized $3,166,937 $3,166,937 $3,166,937 $3,166,937 TOTAL PUBLIC FUNDS $3,688,232 $3,688,232 $3,688,232 $3,688,232 Peace Officer Standards and Training Council, Georgia Continuation Budget The purpose of this appropriation is to set standards for the law enforcement community, ensure training at the highest level for all of Georgia's law enforcement officers and public safety professionals, and certify individuals when all requirements are met. The purpose of this appropriation is also to investigate officers and public safety professionals when an allegation of unethical/illegal conduct is made and sanction these individuals' by disciplining officers and public safety professionals when necessary. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 2126 JOURNAL OF THE SENATE 296.100 -Peace Officer Standards and Training Council, Georgia Appropriation (HB 989) The purpose of this appropriation is to set standards for the law enforcement community, ensure training at the highest level for all of Georgia's law enforcement officers and public safety professionals, and certify individuals when all requirements are met. The purpose of this appropriation is also to investigate officers and public safety professionals when an allegation of unethical/illegal conduct is made and sanction these individuals' by disciplining officers and public safety professionals when necessary. TOTAL STATE FUNDS $2,126,893 $2,126,893 $2,126,893 $2,126,893 State General Funds $2,126,893 $2,126,893 $2,126,893 $2,126,893 TOTAL PUBLIC FUNDS $2,126,893 $2,126,893 $2,126,893 $2,126,893 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 $12,758,941 $12,758,941 $12,758,941 $12,758,941 State General Funds $12,758,941 $12,758,941 $12,758,941 $12,758,941 TOTAL AGENCY FUNDS $1,634,073 $1,634,073 $1,634,073 $1,634,073 Sales and Services $1,634,073 $1,634,073 $1,634,073 $1,634,073 Sales and Services Not Itemized $1,634,073 $1,634,073 $1,634,073 $1,634,073 TOTAL PUBLIC FUNDS $14,393,014 $14,393,014 $14,393,014 $14,393,014 297.100 -Public Safety Training Center, Georgia Appropriation (HB 989) 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 $12,758,941 $12,758,941 $12,758,941 $12,758,941 State General Funds $12,758,941 $12,758,941 $12,758,941 $12,758,941 TOTAL AGENCY FUNDS $1,634,073 $1,634,073 $1,634,073 $1,634,073 Sales and Services $1,634,073 $1,634,073 $1,634,073 $1,634,073 Sales and Services Not Itemized $1,634,073 $1,634,073 $1,634,073 $1,634,073 TOTAL PUBLIC FUNDS $14,393,014 $14,393,014 $14,393,014 $14,393,014 Section 38: Public Service Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total - Continuation $9,965,190 $9,965,190 $449,000 $9,965,190 $9,965,190 $449,000 $9,965,190 $9,965,190 $449,000 $9,965,190 $9,965,190 $449,000 THURSDAY, MARCH 20, 2008 2127 Federal Funds Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $449,000 $449,000 $10,414,190 $10,414,190 Section Total - Final $9,965,190 $9,965,190 $9,965,190 $9,965,190 $449,000 $449,000 $449,000 $449,000 $10,414,190 $10,414,190 $449,000 $10,414,190 $9,965,190 $9,965,190 $449,000 $449,000 $10,414,190 $449,000 $10,414,190 $9,965,190 $9,965,190 $449,000 $449,000 $10,414,190 Commission Administration Continuation Budget The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,258,488 $1,258,488 $1,258,488 State General Funds $1,258,488 $1,258,488 $1,258,488 TOTAL PUBLIC FUNDS $1,258,488 $1,258,488 $1,258,488 298.100 -Commission Administration Appropriation (HB 989) The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,258,488 $1,258,488 $1,258,488 State General Funds $1,258,488 $1,258,488 $1,258,488 TOTAL PUBLIC FUNDS $1,258,488 $1,258,488 $1,258,488 $1,258,488 $1,258,488 $1,258,488 $1,258,488 $1,258,488 $1,258,488 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 $853,658 $853,658 $853,658 $853,658 State General Funds $853,658 $853,658 $853,658 $853,658 TOTAL FEDERAL FUNDS $449,000 $449,000 $449,000 $449,000 Federal Funds Not Itemized $449,000 $449,000 $449,000 $449,000 TOTAL PUBLIC FUNDS $1,302,658 $1,302,658 $1,302,658 $1,302,658 299.100 -Facility Protection Appropriation (HB 989) The purpose of this is to provide for the protection of the buried utility facility infrastructure within the State of Georgia. TOTAL STATE FUNDS $853,658 $853,658 $853,658 $853,658 State General Funds $853,658 $853,658 $853,658 $853,658 TOTAL FEDERAL FUNDS $449,000 $449,000 $449,000 $449,000 Federal Funds Not Itemized $449,000 $449,000 $449,000 $449,000 2128 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $1,302,658 $1,302,658 $1,302,658 $1,302,658 Utilities Regulation Continuation Budget The purpose of this appropriation is to regulate intrastate telecommunications, natural gas, and electric utilities. TOTAL STATE FUNDS $7,853,044 $7,853,044 $7,853,044 State General Funds $7,853,044 $7,853,044 $7,853,044 TOTAL PUBLIC FUNDS $7,853,044 $7,853,044 $7,853,044 300.100 -Utilities Regulation Appropriation (HB 989) The purpose of this appropriation is to regulate intrastate telecommunications, natural gas, and electric utilities. TOTAL STATE FUNDS $7,853,044 $7,853,044 $7,853,044 State General Funds $7,853,044 $7,853,044 $7,853,044 TOTAL PUBLIC FUNDS $7,853,044 $7,853,044 $7,853,044 $7,853,044 $7,853,044 $7,853,044 $7,853,044 $7,853,044 $7,853,044 Section 39: Regents, University System of Georgia TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services Section Total - Continuation $2,135,814,859 $2,135,814,859 $2,115,477,060 $2,115,477,060 $20,337,799 $20,337,799 $2,942,009,923 $2,942,009,923 $3,625,810 $3,625,810 $1,650,229,015 $1,650,229,015 $67,791,355 $67,791,355 $1,220,363,743 $1,220,363,743 $5,077,824,782 $5,077,824,782 Section Total - Final $2,143,646,737 $2,142,846,737 $2,123,308,938 $2,122,508,938 $20,337,799 $20,337,799 $2,942,009,923 $2,942,009,923 $3,625,810 $3,625,810 $1,650,229,015 $1,650,229,015 $67,791,355 $67,791,355 $1,220,363,743 $1,220,363,743 $2,135,814,859 $2,115,477,060 $20,337,799 $2,942,009,923 $3,625,810 $1,650,229,015 $67,791,355 $1,220,363,743 $5,077,824,782 $2,142,447,737 $2,122,109,938 $20,337,799 $2,942,009,923 $3,625,810 $1,650,229,015 $67,791,355 $1,220,363,743 $2,135,814,859 $2,115,477,060 $20,337,799 $2,942,009,923 $3,625,810 $1,650,229,015 $67,791,355 $1,220,363,743 $5,077,824,782 $2,142,061,132 $2,121,723,333 $20,337,799 $2,942,009,923 $3,625,810 $1,650,229,015 $67,791,355 $1,220,363,743 THURSDAY, MARCH 20, 2008 2129 TOTAL PUBLIC FUNDS $5,085,656,660 $5,084,856,660 $5,084,457,660 $5,084,071,055 Advanced Institute Technology Development Center/Economic Development Continuation Budget The purpose of this appropriation is to provide strategic business advice and connect its member companies to the people and resources they need to succeed. TOTAL STATE FUNDS $15,099,712 $15,099,712 $15,099,712 $15,099,712 State General Funds $15,099,712 $15,099,712 $15,099,712 $15,099,712 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 Sales and Services Not Itemized $5,000,000 $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $27,974,712 $27,974,712 $27,974,712 $27,974,712 301.100 -Advanced Technology Development Institute Development Center/Economic Appropriation (HB 989) The purpose of this appropriation is to provide strategic business advice and connect its member companies to the people and resources they need to succeed. TOTAL STATE FUNDS $15,099,712 $15,099,712 $15,099,712 $15,099,712 State General Funds $15,099,712 $15,099,712 $15,099,712 $15,099,712 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 Sales and Services Not Itemized $5,000,000 $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $27,974,712 $27,974,712 $27,974,712 $27,974,712 Agricultural Experiment Station Continuation Budget The purpose of this appropriation is to improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competiveness. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS $42,936,221 $42,936,221 $32,441,262 $42,936,221 $42,936,221 $32,441,262 $42,936,221 $42,936,221 $32,441,262 $42,936,221 $42,936,221 $32,441,262 2130 JOURNAL OF THE SENATE Intergovernmental Transfers $26,604,976 $26,604,976 $26,604,976 $26,604,976 Intergovernmental Transfers Not Itemized $26,604,976 $26,604,976 $26,604,976 $26,604,976 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 $75,377,483 $75,377,483 $75,377,483 $75,377,483 302.100 -Agricultural Experiment Station Appropriation (HB 989) The purpose of this appropriation is to improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competiveness. TOTAL STATE FUNDS $42,936,221 $42,936,221 $42,936,221 $42,936,221 State General Funds $42,936,221 $42,936,221 $42,936,221 $42,936,221 TOTAL AGENCY FUNDS $32,441,262 $32,441,262 $32,441,262 $32,441,262 Intergovernmental Transfers $26,604,976 $26,604,976 $26,604,976 $26,604,976 Intergovernmental Transfers Not Itemized $26,604,976 $26,604,976 $26,604,976 $26,604,976 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 $75,377,483 $75,377,483 $75,377,483 $75,377,483 Athens and Tifton Veterinary Laboratories Continuation Budget 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 $62,192 $62,192 $62,192 $62,192 State General Funds $62,192 $62,192 $62,192 $62,192 TOTAL AGENCY FUNDS $4,820,138 $4,820,138 $4,820,138 $4,820,138 Intergovernmental Transfers $4,820,138 $4,820,138 $4,820,138 $4,820,138 Intergovernmental Transfers Not Itemized $4,820,138 $4,820,138 $4,820,138 $4,820,138 TOTAL PUBLIC FUNDS $4,882,330 $4,882,330 $4,882,330 $4,882,330 303.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 989) 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. THURSDAY, MARCH 20, 2008 2131 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $62,192 $62,192 $4,820,138 $4,820,138 $4,820,138 $4,882,330 $62,192 $62,192 $4,820,138 $4,820,138 $4,820,138 $4,882,330 $62,192 $62,192 $4,820,138 $4,820,138 $4,820,138 $4,882,330 $62,192 $62,192 $4,820,138 $4,820,138 $4,820,138 $4,882,330 Cooperative Extension Service Continuation Budget 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 $35,391,924 State General Funds $35,391,924 TOTAL AGENCY FUNDS $23,094,137 Intergovernmental Transfers $20,546,243 Intergovernmental Transfers Not Itemized $20,546,243 Rebates, Refunds, and Reimbursements $125,000 Rebates, Refunds, and Reimbursements Not Itemized $125,000 Sales and Services $2,422,894 Sales and Services Not Itemized $2,422,894 TOTAL PUBLIC FUNDS $58,486,061 304.1 Reduce one-time funds received for the Formosan Termite Project. $35,391,924 $35,391,924 $23,094,137 $20,546,243 $20,546,243 $125,000 $125,000 $2,422,894 $2,422,894 $58,486,061 $35,391,924 $35,391,924 $23,094,137 $20,546,243 $20,546,243 $125,000 $125,000 $2,422,894 $2,422,894 $58,486,061 $35,391,924 $35,391,924 $23,094,137 $20,546,243 $20,546,243 $125,000 $125,000 $2,422,894 $2,422,894 $58,486,061 State General Funds ($80,000) $0 304.100 -Cooperative Extension Service Appropriation (HB 989) 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 $35,391,924 $35,391,924 $35,311,924 $35,391,924 State General Funds $35,391,924 $35,391,924 $35,311,924 $35,391,924 TOTAL AGENCY FUNDS $23,094,137 $23,094,137 $23,094,137 $23,094,137 Intergovernmental Transfers $20,546,243 $20,546,243 $20,546,243 $20,546,243 Intergovernmental Transfers Not Itemized $20,546,243 $20,546,243 $20,546,243 $20,546,243 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 2132 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,422,894 $58,486,061 $2,422,894 $58,486,061 $2,422,894 $58,406,061 $2,422,894 $58,486,061 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 $687,388 $687,388 $687,388 $687,388 State General Funds $687,388 $687,388 $687,388 $687,388 TOTAL AGENCY FUNDS $300,405 $300,405 $300,405 $300,405 Intergovernmental Transfers $200,000 $200,000 $200,000 $200,000 Intergovernmental Transfers Not Itemized $200,000 $200,000 $200,000 $200,000 Sales and Services $100,405 $100,405 $100,405 $100,405 Sales and Services Not Itemized $100,405 $100,405 $100,405 $100,405 TOTAL PUBLIC FUNDS $987,793 $987,793 $987,793 $987,793 305.100 -Forestry Cooperative Extension Appropriation (HB 989) 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 $687,388 $687,388 $687,388 $687,388 State General Funds $687,388 $687,388 $687,388 $687,388 TOTAL AGENCY FUNDS $300,405 $300,405 $300,405 $300,405 Intergovernmental Transfers $200,000 $200,000 $200,000 $200,000 Intergovernmental Transfers Not Itemized $200,000 $200,000 $200,000 $200,000 Sales and Services $100,405 $100,405 $100,405 $100,405 Sales and Services Not Itemized $100,405 $100,405 $100,405 $100,405 TOTAL PUBLIC FUNDS $987,793 $987,793 $987,793 $987,793 Forestry Research Continuation Budget The purpose of this appropriation is to sustain the competitiveness of Georgia's forest products' industry and private land owners through research and meet the environmental goals of the Sustainable Forestry Initiative. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers $3,276,331 $3,276,331 $2,550,000 $2,000,000 $3,276,331 $3,276,331 $2,550,000 $2,000,000 $3,276,331 $3,276,331 $2,550,000 $2,000,000 $3,276,331 $3,276,331 $2,550,000 $2,000,000 THURSDAY, MARCH 20, 2008 2133 Intergovernmental Transfers Not Itemized $2,000,000 $2,000,000 $2,000,000 $2,000,000 Sales and Services $550,000 $550,000 $550,000 $550,000 Sales and Services Not Itemized $550,000 $550,000 $550,000 $550,000 TOTAL PUBLIC FUNDS $5,826,331 $5,826,331 $5,826,331 $5,826,331 306.100 -Forestry Research Appropriation (HB 989) The purpose of this appropriation is to sustain the competitiveness of Georgia's forest products' industry and private land owners through research and meet the environmental goals of the Sustainable Forestry Initiative. TOTAL STATE FUNDS $3,276,331 $3,276,331 $3,276,331 $3,276,331 State General Funds $3,276,331 $3,276,331 $3,276,331 $3,276,331 TOTAL AGENCY FUNDS $2,550,000 $2,550,000 $2,550,000 $2,550,000 Intergovernmental Transfers $2,000,000 $2,000,000 $2,000,000 $2,000,000 Intergovernmental Transfers Not Itemized $2,000,000 $2,000,000 $2,000,000 $2,000,000 Sales and Services $550,000 $550,000 $550,000 $550,000 Sales and Services Not Itemized $550,000 $550,000 $550,000 $550,000 TOTAL PUBLIC FUNDS $5,826,331 $5,826,331 $5,826,331 $5,826,331 Georgia Radiation Therapy Center Continuation Budget The purpose of this appropriation is to provide patient care and education. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $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 $3,625,810 307.100 -Georgia Radiation Therapy Center Appropriation (HB 989) 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 $0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 Georgia Tech Research Institute Continuation Budget The purpose of this appropriation is to aid in the promotion of scientific, engineering, and industrial research for the advancement of 2134 JOURNAL OF THE SENATE science, technology, and education in Georgia. TOTAL STATE FUNDS $7,868,427 $7,868,427 $7,868,427 $7,868,427 State General Funds $7,868,427 $7,868,427 $7,868,427 $7,868,427 TOTAL AGENCY FUNDS $133,917,958 $133,917,958 $133,917,958 $133,917,958 Intergovernmental Transfers $78,469,736 $78,469,736 $78,469,736 $78,469,736 Intergovernmental Transfers Not Itemized $78,469,736 $78,469,736 $78,469,736 $78,469,736 Rebates, Refunds, and Reimbursements $42,748,222 $42,748,222 $42,748,222 $42,748,222 Rebates, Refunds, and Reimbursements Not Itemized $42,748,222 $42,748,222 $42,748,222 $42,748,222 Sales and Services $12,700,000 $12,700,000 $12,700,000 $12,700,000 Sales and Services Not Itemized $12,700,000 $12,700,000 $12,700,000 $12,700,000 TOTAL PUBLIC FUNDS $141,786,385 $141,786,385 $141,786,385 $141,786,385 308.100 -Georgia Tech Research Institute Appropriation (HB 989) 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. TOTAL STATE FUNDS $7,868,427 $7,868,427 $7,868,427 $7,868,427 State General Funds $7,868,427 $7,868,427 $7,868,427 $7,868,427 TOTAL AGENCY FUNDS $133,917,958 $133,917,958 $133,917,958 $133,917,958 Intergovernmental Transfers $78,469,736 $78,469,736 $78,469,736 $78,469,736 Intergovernmental Transfers Not Itemized $78,469,736 $78,469,736 $78,469,736 $78,469,736 Rebates, Refunds, and Reimbursements $42,748,222 $42,748,222 $42,748,222 $42,748,222 Rebates, Refunds, and Reimbursements Not Itemized $42,748,222 $42,748,222 $42,748,222 $42,748,222 Sales and Services $12,700,000 $12,700,000 $12,700,000 $12,700,000 Sales and Services Not Itemized $12,700,000 $12,700,000 $12,700,000 $12,700,000 TOTAL PUBLIC FUNDS $141,786,385 $141,786,385 $141,786,385 $141,786,385 Marine Institute Continuation Budget The purpose of this appropriation is to understand the processes that affect the condition of the salt marsh and coastline. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements $964,361 $964,361 $767,633 $700,000 $700,000 $67,633 $964,361 $964,361 $767,633 $700,000 $700,000 $67,633 $964,361 $964,361 $767,633 $700,000 $700,000 $67,633 $964,361 $964,361 $767,633 $700,000 $700,000 $67,633 THURSDAY, MARCH 20, 2008 2135 Rebates, Refunds, and Reimbursements Not Itemized $67,633 $67,633 $67,633 $67,633 TOTAL PUBLIC FUNDS $1,731,994 $1,731,994 $1,731,994 $1,731,994 309.100 -Marine Institute Appropriation (HB 989) The purpose of this appropriation is to understand the processes that affect the condition of the salt marsh and coastline. TOTAL STATE FUNDS $964,361 $964,361 $964,361 $964,361 State General Funds $964,361 $964,361 $964,361 $964,361 TOTAL AGENCY FUNDS $767,633 $767,633 $767,633 $767,633 Intergovernmental Transfers $700,000 $700,000 $700,000 $700,000 Intergovernmental Transfers Not Itemized $700,000 $700,000 $700,000 $700,000 Rebates, Refunds, and Reimbursements $67,633 $67,633 $67,633 $67,633 Rebates, Refunds, and Reimbursements Not Itemized $67,633 $67,633 $67,633 $67,633 TOTAL PUBLIC FUNDS $1,731,994 $1,731,994 $1,731,994 $1,731,994 Marine Resources Extension Center Continuation Budget The purpose of this appropriation is to transfer technology, provide training, and conduct applied research. TOTAL STATE FUNDS $1,576,721 $1,576,721 $1,576,721 State General Funds $1,576,721 $1,576,721 $1,576,721 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 $2,761,521 $2,761,521 $2,761,521 310.100 -Marine Resources Extension Center Appropriation (HB 989) The purpose of this appropriation is to transfer technology, provide training, and conduct applied research. TOTAL STATE FUNDS $1,576,721 $1,576,721 $1,576,721 State General Funds $1,576,721 $1,576,721 $1,576,721 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 $1,576,721 $1,576,721 $1,184,800 $600,000 $600,000 $90,000 $90,000 $494,800 $494,800 $2,761,521 $1,576,721 $1,576,721 $1,184,800 $600,000 $600,000 $90,000 2136 JOURNAL OF THE SENATE Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $90,000 $494,800 $494,800 $2,761,521 $90,000 $494,800 $494,800 $2,761,521 $90,000 $494,800 $494,800 $2,761,521 $90,000 $494,800 $494,800 $2,761,521 Medical College of Georgia Hospital and Clinics The purpose of this appropriation is to care, teach, and refer clients. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 311.100 -Medical College of Georgia Hospital and Clinics The purpose of this appropriation is to care, teach, and refer clients. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 Appropriation (HB 989) $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 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 $884,273 $884,273 $884,273 $884,273 State General Funds $884,273 $884,273 $884,273 $884,273 TOTAL PUBLIC FUNDS $884,273 $884,273 $884,273 $884,273 312.100 -Office of Minority Business Enterprise Appropriation (HB 989) 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 $884,273 $884,273 $884,273 $884,273 State General Funds $884,273 $884,273 $884,273 $884,273 TOTAL PUBLIC FUNDS $884,273 $884,273 $884,273 $884,273 Payments to the Georgia Cancer Coalition Continuation Budget The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and preventative measures. TOTAL STATE FUNDS State General Funds $14,587,799 $0 $14,587,799 $0 $14,587,799 $0 $14,587,799 $0 THURSDAY, MARCH 20, 2008 2137 Tobacco Settlement Funds $14,587,799 $14,587,799 $14,587,799 $14,587,799 TOTAL PUBLIC FUNDS $14,587,799 $14,587,799 $14,587,799 $14,587,799 313.100 -Payments to the Georgia Cancer Coalition Appropriation (HB 989) The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and preventative measures. TOTAL STATE FUNDS $14,587,799 $14,587,799 $14,587,799 $14,587,799 Tobacco Settlement Funds $14,587,799 $14,587,799 $14,587,799 $14,587,799 TOTAL PUBLIC FUNDS $14,587,799 $14,587,799 $14,587,799 $14,587,799 Public Libraries Continuation Budget The purpose of this appropriation is to provide library services for Georgians and to award grants from the Public Library Fund. TOTAL STATE FUNDS $41,015,101 $41,015,101 State General Funds $41,015,101 $41,015,101 TOTAL AGENCY FUNDS $4,522,400 $4,522,400 Intergovernmental Transfers $4,522,400 $4,522,400 Intergovernmental Transfers Not Itemized $4,522,400 $4,522,400 TOTAL PUBLIC FUNDS $45,537,501 $45,537,501 314.1 Reduce one-time funds received for the Three Rivers Regional Library in Glynn County. $41,015,101 $41,015,101 $4,522,400 $4,522,400 $4,522,400 $45,537,501 $41,015,101 $41,015,101 $4,522,400 $4,522,400 $4,522,400 $45,537,501 State General Funds 314.2 Reduce funds received for health insurance. ($19,000) $0 State General Funds ($685,605) 314.100 -Public Libraries Appropriation (HB 989) The purpose of this appropriation is to provide library services for Georgians and to award grants from the Public Library Fund. TOTAL STATE FUNDS $41,015,101 $41,015,101 $40,996,101 $40,329,496 State General Funds $41,015,101 $41,015,101 $40,996,101 $40,329,496 TOTAL AGENCY FUNDS $4,522,400 $4,522,400 $4,522,400 $4,522,400 Intergovernmental Transfers $4,522,400 $4,522,400 $4,522,400 $4,522,400 Intergovernmental Transfers Not Itemized $4,522,400 $4,522,400 $4,522,400 $4,522,400 TOTAL PUBLIC FUNDS $45,537,501 $45,537,501 $45,518,501 $44,851,896 Public Service / Special Funding Initiatives Continuation Budget The purpose of this appropriation is to provide leadership, service, and education. TOTAL STATE FUNDS State General Funds $46,081,344 $41,081,344 $46,081,344 $41,081,344 $46,081,344 $41,081,344 $46,081,344 $41,081,344 2138 JOURNAL OF THE SENATE Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $46,081,344 $46,081,344 $46,081,344 315.1 Reduce funds from the Georgia Water Planning and Policy Center at Albany State University. $5,000,000 $46,081,344 State General Funds ($180,000) ($130,000) ($180,000) 315.2 Reduce funds from the Washington Center for Internships and Academic Seminars. State General Funds ($45,000) ($45,000) ($45,000) 315.3 Reduce one-time funds received for business plans to support the incorporation efforts of Chattahoochee Hills and the City of South Fulton. State General Funds ($150,000) 315.100 -Public Service / Special Funding Initiatives Appropriation (HB 989) The purpose of this appropriation is to provide leadership, service, and education. TOTAL STATE FUNDS $46,081,344 $45,856,344 $45,756,344 State General Funds $41,081,344 $40,856,344 $40,756,344 Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $46,081,344 $45,856,344 $45,756,344 $0 $45,856,344 $40,856,344 $5,000,000 $45,856,344 Regents Central Office Continuation Budget The purpose of this appropriation is to provide administrative support to all colleges and universities in the university system. TOTAL STATE FUNDS $7,683,800 $7,683,800 $7,683,800 $7,683,800 State General Funds $7,683,800 $7,683,800 $7,683,800 $7,683,800 TOTAL PUBLIC FUNDS $7,683,800 $7,683,800 $7,683,800 $7,683,800 316.100 -Regents Central Office Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to all colleges and universities in the university system. TOTAL STATE FUNDS $7,683,800 $7,683,800 $7,683,800 $7,683,800 State General Funds $7,683,800 $7,683,800 $7,683,800 $7,683,800 TOTAL PUBLIC FUNDS $7,683,800 $7,683,800 $7,683,800 $7,683,800 Research Consortium Continuation Budget The purpose of this appropriation is to conduct research to further industry in the State of Georgia. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds $36,745,015 $35,995,015 $750,000 $36,745,015 $35,995,015 $750,000 $36,745,015 $35,995,015 $750,000 $36,745,015 $35,995,015 $750,000 THURSDAY, MARCH 20, 2008 2139 TOTAL PUBLIC FUNDS $36,745,015 $36,745,015 $36,745,015 317.100 -Research Consortium Appropriation (HB 989) The purpose of this appropriation is to conduct research to further industry in the State of Georgia. TOTAL STATE FUNDS $36,745,015 $36,745,015 $36,745,015 State General Funds $35,995,015 $35,995,015 $35,995,015 Tobacco Settlement Funds $750,000 $750,000 $750,000 TOTAL PUBLIC FUNDS $36,745,015 $36,745,015 $36,745,015 $36,745,015 $36,745,015 $35,995,015 $750,000 $36,745,015 Skidaway Institute of Oceanography Continuation Budget 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 $1,712,710 $1,712,710 $1,712,710 $1,712,710 State General Funds $1,712,710 $1,712,710 $1,712,710 $1,712,710 TOTAL AGENCY FUNDS $4,758,000 $4,758,000 $4,758,000 $4,758,000 Intergovernmental Transfers $3,613,000 $3,613,000 $3,613,000 $3,613,000 Intergovernmental Transfers Not Itemized $3,613,000 $3,613,000 $3,613,000 $3,613,000 Sales and Services $1,145,000 $1,145,000 $1,145,000 $1,145,000 Sales and Services Not Itemized $1,145,000 $1,145,000 $1,145,000 $1,145,000 TOTAL PUBLIC FUNDS $6,470,710 $6,470,710 $6,470,710 $6,470,710 318.100 -Skidaway Institute of Oceanography Appropriation (HB 989) 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 $1,712,710 $1,712,710 $1,712,710 $1,712,710 State General Funds $1,712,710 $1,712,710 $1,712,710 $1,712,710 TOTAL AGENCY FUNDS $4,758,000 $4,758,000 $4,758,000 $4,758,000 Intergovernmental Transfers $3,613,000 $3,613,000 $3,613,000 $3,613,000 Intergovernmental Transfers Not Itemized $3,613,000 $3,613,000 $3,613,000 $3,613,000 Sales and Services $1,145,000 $1,145,000 $1,145,000 $1,145,000 Sales and Services Not Itemized $1,145,000 $1,145,000 $1,145,000 $1,145,000 TOTAL PUBLIC FUNDS $6,470,710 $6,470,710 $6,470,710 $6,470,710 Student Education Enrichment Program Continuation Budget The purpose of this appropriation is to provide underrepresented Georgia residents the opportunity to acquire educational 2140 JOURNAL OF THE SENATE experiences. TOTAL STATE FUNDS $314,737 $314,737 $314,737 $314,737 State General Funds $314,737 $314,737 $314,737 $314,737 TOTAL PUBLIC FUNDS $314,737 $314,737 $314,737 $314,737 319.100 -Student Education Enrichment Program Appropriation (HB 989) The purpose of this appropriation is to provide underrepresented Georgia residents the opportunity to acquire educational experiences. TOTAL STATE FUNDS $314,737 $314,737 $314,737 $314,737 State General Funds $314,737 $314,737 $314,737 $314,737 TOTAL PUBLIC FUNDS $314,737 $314,737 $314,737 $314,737 Teaching Continuation Budget The purpose of this appropriation 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 $1,820,227,086 $1,820,227,086 $1,820,227,086 $1,820,227,086 State General Funds $1,820,227,086 $1,820,227,086 $1,820,227,086 $1,820,227,086 TOTAL AGENCY FUNDS $2,710,452,380 $2,710,452,380 $2,710,452,380 $2,710,452,380 Intergovernmental Transfers $1,500,277,522 $1,500,277,522 $1,500,277,522 $1,500,277,522 Intergovernmental Transfers Not Itemized $1,500,277,522 $1,500,277,522 $1,500,277,522 $1,500,277,522 Rebates, Refunds, and Reimbursements $22,960,500 $22,960,500 $22,960,500 $22,960,500 Rebates, Refunds, and Reimbursements Not Itemized $22,960,500 $22,960,500 $22,960,500 $22,960,500 Sales and Services $1,187,214,358 $1,187,214,358 $1,187,214,358 $1,187,214,358 Sales and Services Not Itemized $1,187,214,358 $1,187,214,358 $1,187,214,358 $1,187,214,358 TOTAL PUBLIC FUNDS $4,530,679,466 $4,530,679,466 $4,530,679,466 $4,530,679,466 320.1 Increase funds for the debt service payback adjustment for the Olympic dormitories at Georgia Tech and Georgia State University. State General Funds $7,831,878 320.2 Reduce funds from outdoor education at Middle Georgia College. $7,831,878 $7,831,878 $7,831,878 State General Funds ($375,000) ($375,000) ($375,000) 320.3 Reduce funds from administration costs at Valdosta State University associated with the creation of a charter school. State General Funds ($125,000) ($125,000) ($125,000) 320.4 Reduce funds from roof repairs, office supplies, and furniture at the Cordele campus of Darton College. THURSDAY, MARCH 20, 2008 2141 State General Funds ($75,000) ($75,000) 320.5 Reduce one-time funds received for the Fort Valley Cooperative Energy program. State General Funds ($100,000) 320.6 Reduce one-time funds received for the physical education addition at Kennesaw State University. State General Funds ($100,000) ($75,000) $0 ($100,000) 320.100 -Teaching Appropriation (HB 989) The purpose of this appropriation 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 $1,828,058,964 $1,827,483,964 $1,827,283,964 $1,827,383,964 State General Funds $1,828,058,964 $1,827,483,964 $1,827,283,964 $1,827,383,964 TOTAL AGENCY FUNDS $2,710,452,380 $2,710,452,380 $2,710,452,380 $2,710,452,380 Intergovernmental Transfers $1,500,277,522 $1,500,277,522 $1,500,277,522 $1,500,277,522 Intergovernmental Transfers Not Itemized $1,500,277,522 $1,500,277,522 $1,500,277,522 $1,500,277,522 Rebates, Refunds, and Reimbursements $22,960,500 $22,960,500 $22,960,500 $22,960,500 Rebates, Refunds, and Reimbursements Not Itemized $22,960,500 $22,960,500 $22,960,500 $22,960,500 Sales and Services $1,187,214,358 $1,187,214,358 $1,187,214,358 $1,187,214,358 Sales and Services Not Itemized $1,187,214,358 $1,187,214,358 $1,187,214,358 $1,187,214,358 TOTAL PUBLIC FUNDS $4,538,511,344 $4,537,936,344 $4,537,736,344 $4,537,836,344 Veterinary Medicine Experiment Station Continuation Budget The purpose of this appropriation 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 State General Funds TOTAL PUBLIC FUNDS $3,384,254 $3,384,254 $3,384,254 $3,384,254 $3,384,254 $3,384,254 $3,384,254 $3,384,254 $3,384,254 $3,384,254 $3,384,254 $3,384,254 321.100 -Veterinary Medicine Experiment Station Appropriation (HB 989) The purpose of this appropriation 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 $3,384,254 $3,384,254 $3,384,254 $3,384,254 State General Funds $3,384,254 $3,384,254 $3,384,254 $3,384,254 TOTAL PUBLIC FUNDS $3,384,254 $3,384,254 $3,384,254 $3,384,254 2142 JOURNAL OF THE SENATE Veterinary Medicine Teaching Hospital Continuation Budget The purpose of this appropriation 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 $502,585 $502,585 $502,585 $502,585 State General Funds $502,585 $502,585 $502,585 $502,585 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 $7,202,585 $7,202,585 $7,202,585 $7,202,585 322.100 -Veterinary Medicine Teaching Hospital Appropriation (HB 989) The purpose of this appropriation 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 $502,585 $502,585 $502,585 $502,585 State General Funds $502,585 $502,585 $502,585 $502,585 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 $7,202,585 $7,202,585 $7,202,585 $7,202,585 Payments to Georgia Military College Continuation Budget The purpose of this appropriation is to provide quality basic education funding for grades six through 12. TOTAL STATE FUNDS $3,062,152 $3,062,152 $3,062,152 State General Funds $3,062,152 $3,062,152 $3,062,152 TOTAL PUBLIC FUNDS $3,062,152 $3,062,152 $3,062,152 323.100 -Payments to Georgia Military College Appropriation (HB 989) The purpose of this appropriation is to provide quality basic education funding for grades six through 12. TOTAL STATE FUNDS $3,062,152 $3,062,152 $3,062,152 State General Funds $3,062,152 $3,062,152 $3,062,152 TOTAL PUBLIC FUNDS $3,062,152 $3,062,152 $3,062,152 $3,062,152 $3,062,152 $3,062,152 $3,062,152 $3,062,152 $3,062,152 Payments to Public Telecommunications Commission, Georgia Continuation Budget The purpose of this appropriation 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. THURSDAY, MARCH 20, 2008 2143 TOTAL STATE FUNDS $18,069,614 $18,069,614 $18,069,614 $18,069,614 State General Funds $18,069,614 $18,069,614 $18,069,614 $18,069,614 TOTAL PUBLIC FUNDS $18,069,614 $18,069,614 $18,069,614 $18,069,614 324.100 -Payments to Public Telecommunications Commission, Georgia Appropriation (HB 989) The purpose of this appropriation 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 $18,069,614 $18,069,614 $18,069,614 $18,069,614 State General Funds $18,069,614 $18,069,614 $18,069,614 $18,069,614 TOTAL PUBLIC FUNDS $18,069,614 $18,069,614 $18,069,614 $18,069,614 Georgia Eminent Scholars Endowment Trust Fund Continuation Budget 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 $500,000 $500,000 State General Funds $500,000 $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $500,000 $500,000 $500,000 $500,000 400.100 -Georgia Eminent Scholars Endowment Trust Fund Appropriation (HB 989) 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 $500,000 $500,000 State General Funds $500,000 $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $500,000 $500,000 $500,000 $500,000 Section 40: Revenue, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services Section Total - Continuation $554,241,659 $554,091,659 $150,000 $7,005,348 $426,769 $6,578,579 $554,241,659 $554,091,659 $150,000 $7,005,348 $426,769 $6,578,579 $554,241,659 $554,091,659 $150,000 $7,005,348 $426,769 $6,578,579 $554,241,659 $554,091,659 $150,000 $7,005,348 $426,769 $6,578,579 2144 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL PUBLIC FUNDS $561,247,007 $561,247,007 Section Total - Final $556,810,874 $556,810,874 $556,660,874 $556,660,874 $150,000 $150,000 $7,005,348 $7,005,348 $426,769 $426,769 $6,578,579 $6,578,579 $563,816,222 $563,816,222 $561,247,007 $555,974,967 $555,824,967 $150,000 $7,005,348 $426,769 $6,578,579 $562,980,315 $561,247,007 $555,974,967 $555,824,967 $150,000 $7,005,348 $426,769 $6,578,579 $562,980,315 Customer Service Continuation Budget 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 $11,289,216 $11,289,216 $11,289,216 $11,289,216 State General Funds $11,289,216 $11,289,216 $11,289,216 $11,289,216 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 $13,399,351 $13,399,351 $13,399,351 $13,399,351 325.100 -Customer Service Appropriation (HB 989) 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 $11,289,216 $11,289,216 $11,289,216 $11,289,216 State General Funds $11,289,216 $11,289,216 $11,289,216 $11,289,216 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 $13,399,351 $13,399,351 $13,399,351 $13,399,351 Departmental Administration Continuation Budget 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 $4,070,980 $4,070,980 $4,070,980 $4,070,980 THURSDAY, MARCH 20, 2008 2145 State General Funds $4,070,980 $4,070,980 $4,070,980 $4,070,980 TOTAL PUBLIC FUNDS $4,070,980 $4,070,980 $4,070,980 $4,070,980 326.100 -Departmental Administration Appropriation (HB 989) 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 $4,070,980 $4,070,980 $4,070,980 $4,070,980 State General Funds $4,070,980 $4,070,980 $4,070,980 $4,070,980 TOTAL PUBLIC FUNDS $4,070,980 $4,070,980 $4,070,980 $4,070,980 Homeowner Tax Relief Grants Continuation Budget The purpose of this appropriation is to provide homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $8,000 for the taxable year beginning January 1, 2007 and is separate and distinct from the homestead exemption of $2,000 in O.C.G.A 48-5-44. TOTAL STATE FUNDS $428,290,501 $428,290,501 $428,290,501 $428,290,501 State General Funds $428,290,501 $428,290,501 $428,290,501 $428,290,501 TOTAL PUBLIC FUNDS $428,290,501 $428,290,501 $428,290,501 $428,290,501 327.1 Increase funds for a projected 1.84% growth rate. (S and CC:Assume a 1.46% growth rate plus $1.9 million in claims from FY07) State General Funds $2,569,215 $2,569,215 $1,733,308 $1,733,308 327.100 -Homeowner Tax Relief Grants Appropriation (HB 989) The purpose of this appropriation is to provide homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $8,000 for the taxable year beginning January 1, 2007 and is separate and distinct from the homestead exemption of $2,000 in O.C.G.A 48-5-44. TOTAL STATE FUNDS $430,859,716 $430,859,716 $430,023,809 $430,023,809 State General Funds $430,859,716 $430,859,716 $430,023,809 $430,023,809 TOTAL PUBLIC FUNDS $430,859,716 $430,859,716 $430,023,809 $430,023,809 Industry Regulation Continuation Budget 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 State General Funds Tobacco Settlement Funds $4,879,168 $4,729,168 $150,000 $4,879,168 $4,729,168 $150,000 $4,879,168 $4,729,168 $150,000 $4,879,168 $4,729,168 $150,000 2146 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $4,879,168 $4,879,168 $4,879,168 $4,879,168 328.100 -Industry Regulation Appropriation (HB 989) 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 $4,879,168 $4,879,168 $4,879,168 $4,879,168 State General Funds $4,729,168 $4,729,168 $4,729,168 $4,729,168 Tobacco Settlement Funds $150,000 $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $4,879,168 $4,879,168 $4,879,168 $4,879,168 Local Tax Officials Retirement and FICA TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 329.100 -Local Tax Officials Retirement and FICA TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 Appropriation (HB 989) $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 Revenue Processing Continuation Budget 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 $41,637,960 $41,637,960 $41,637,960 $41,637,960 State General Funds $41,637,960 $41,637,960 $41,637,960 $41,637,960 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 $42,064,729 $42,064,729 $42,064,729 $42,064,729 330.100 -Revenue Processing Appropriation (HB 989) 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 $41,637,960 $41,637,960 $41,637,960 $41,637,960 State General Funds $41,637,960 $41,637,960 $41,637,960 $41,637,960 TOTAL AGENCY FUNDS $426,769 $426,769 $426,769 $426,769 THURSDAY, MARCH 20, 2008 2147 Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $426,769 $426,769 $42,064,729 $426,769 $426,769 $42,064,729 $426,769 $426,769 $42,064,729 $426,769 $426,769 $42,064,729 Salvage Inspection Continuation Budget The purpose of this appropriation is to inspect rebuilt salvage vehicles. TOTAL STATE FUNDS $1,671,368 $1,671,368 $1,671,368 State General Funds $1,671,368 $1,671,368 $1,671,368 TOTAL PUBLIC FUNDS $1,671,368 $1,671,368 $1,671,368 331.100 -Salvage Inspection Appropriation (HB 989) The purpose of this appropriation is to inspect rebuilt salvage vehicles. TOTAL STATE FUNDS $1,671,368 $1,671,368 $1,671,368 State General Funds $1,671,368 $1,671,368 $1,671,368 TOTAL PUBLIC FUNDS $1,671,368 $1,671,368 $1,671,368 $1,671,368 $1,671,368 $1,671,368 $1,671,368 $1,671,368 $1,671,368 State Board of Equalization Continuation Budget 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 $5,000 State General Funds $5,000 $5,000 $5,000 $5,000 TOTAL PUBLIC FUNDS $5,000 $5,000 $5,000 $5,000 332.100 -State Board of Equalization Appropriation (HB 989) 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 $5,000 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 of this appropriation is to establish motor vehicle ownership. TOTAL STATE FUNDS $23,185,574 $23,185,574 $23,185,574 $23,185,574 2148 JOURNAL OF THE SENATE State General Funds $23,185,574 $23,185,574 $23,185,574 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 $23,838,255 $23,838,255 $23,838,255 333.100 -Tag and Title Registration Appropriation (HB 989) The purpose of this appropriation is to establish motor vehicle ownership. TOTAL STATE FUNDS $23,185,574 $23,185,574 $23,185,574 State General Funds $23,185,574 $23,185,574 $23,185,574 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 $23,838,255 $23,838,255 $23,838,255 $23,185,574 $652,681 $652,681 $652,681 $23,838,255 $23,185,574 $23,185,574 $652,681 $652,681 $652,681 $23,838,255 Tax Compliance Continuation Budget The purpose of this appropriation is to ensure that all taxpayers pay the correct amount of taxes owed under the law. TOTAL STATE FUNDS $34,062,729 $34,062,729 $34,062,729 $34,062,729 State General Funds $34,062,729 $34,062,729 $34,062,729 $34,062,729 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 TOTAL PUBLIC FUNDS $37,878,492 $37,878,492 $37,878,492 $37,878,492 334.100 -Tax Compliance Appropriation (HB 989) The purpose of this appropriation is to ensure that all taxpayers pay the correct amount of taxes owed under the law. TOTAL STATE FUNDS $34,062,729 $34,062,729 $34,062,729 $34,062,729 State General Funds $34,062,729 $34,062,729 $34,062,729 $34,062,729 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 TOTAL PUBLIC FUNDS $37,878,492 $37,878,492 $37,878,492 $37,878,492 Section 41: Secretary of State TOTAL STATE FUNDS Section Total - Continuation $39,639,484 $39,639,484 $39,639,484 $39,639,484 THURSDAY, MARCH 20, 2008 2149 State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS $39,639,484 $39,639,484 $1,500,283 $1,500,283 $50,000 $50,000 $1,450,283 $1,450,283 $41,139,767 $41,139,767 Section Total - Final $40,070,587 $40,070,587 $40,070,587 $40,070,587 $1,500,283 $1,500,283 $50,000 $50,000 $1,450,283 $1,450,283 $41,570,870 $41,570,870 $39,639,484 $1,500,283 $50,000 $1,450,283 $41,139,767 $40,170,587 $40,170,587 $1,500,283 $50,000 $1,450,283 $41,670,870 $39,639,484 $1,500,283 $50,000 $1,450,283 $41,139,767 $40,070,587 $40,070,587 $1,500,283 $50,000 $1,450,283 $41,570,870 Archives and Records Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Record Center Storage Fees Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,204,038 $6,204,038 $510,771 $510,771 $435,771 $75,000 $6,714,809 $6,204,038 $6,204,038 $510,771 $510,771 $435,771 $75,000 $6,714,809 $6,204,038 $6,204,038 $510,771 $510,771 $435,771 $75,000 $6,714,809 $6,204,038 $6,204,038 $510,771 $510,771 $435,771 $75,000 $6,714,809 335.100 -Archives and Records Appropriation (HB 989) 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 $6,204,038 $6,204,038 $6,204,038 $6,204,038 State General Funds $6,204,038 $6,204,038 $6,204,038 $6,204,038 TOTAL AGENCY FUNDS $510,771 $510,771 $510,771 $510,771 Sales and Services $510,771 $510,771 $510,771 $510,771 Record Center Storage Fees $435,771 $435,771 $435,771 $435,771 Sales and Services Not Itemized $75,000 $75,000 $75,000 $75,000 2150 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $6,714,809 $6,714,809 $6,714,809 $6,714,809 Capitol Tours Continuation Budget The purpose of this appropriation is to provide guided informational tours of the State Capitol. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $165,573 $165,573 $165,573 $165,573 $165,573 $165,573 $165,573 $165,573 $165,573 $165,573 $165,573 $165,573 336.100 -Capitol Tours Appropriation (HB 989) The purpose of this appropriation is to provide guided informational tours of the State Capitol. TOTAL STATE FUNDS $165,573 $165,573 $165,573 State General Funds $165,573 $165,573 $165,573 TOTAL PUBLIC FUNDS $165,573 $165,573 $165,573 $165,573 $165,573 $165,573 Corporations Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,305,140 $1,305,140 $739,512 $739,512 $739,512 $2,044,652 $1,305,140 $1,305,140 $739,512 $739,512 $739,512 $2,044,652 $1,305,140 $1,305,140 $739,512 $739,512 $739,512 $2,044,652 $1,305,140 $1,305,140 $739,512 $739,512 $739,512 $2,044,652 337.100 -Corporations Appropriation (HB 989) 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. TOTAL STATE FUNDS $1,305,140 $1,305,140 $1,305,140 $1,305,140 State General Funds $1,305,140 $1,305,140 $1,305,140 $1,305,140 TOTAL AGENCY FUNDS $739,512 $739,512 $739,512 $739,512 Sales and Services $739,512 $739,512 $739,512 $739,512 Sales and Services Not Itemized $739,512 $739,512 $739,512 $739,512 TOTAL PUBLIC FUNDS $2,044,652 $2,044,652 $2,044,652 $2,044,652 THURSDAY, MARCH 20, 2008 2151 Elections Continuation Budget The purpose of this appropriation is 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 law and assisting candidates, local governments, and citizens in interpreting and complying with all election, voter registration and financial disclosure laws. TOTAL STATE FUNDS $5,298,929 State General Funds $5,298,929 TOTAL AGENCY FUNDS $20,000 Sales and Services $20,000 Sales and Services Not Itemized $20,000 TOTAL PUBLIC FUNDS $5,318,929 338.1 Transfer funds and three positions to the Office Administration program. $5,298,929 $5,298,929 $20,000 $20,000 $20,000 $5,318,929 $5,298,929 $5,298,929 $20,000 $20,000 $20,000 $5,318,929 $5,298,929 $5,298,929 $20,000 $20,000 $20,000 $5,318,929 State General Funds ($57,450) ($57,450) ($57,450) ($57,450) 338.2 Transfer funds from the Office Administration program for Voter ID educational activities. State General Funds $500,000 $500,000 338.3 Increase funds for voter outreach and education for the July 2008 general primary. $500,000 $500,000 State General Funds $100,000 $0 338.100 -Elections Appropriation (HB 989) The purpose of this appropriation is 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 law and assisting candidates, local governments, and citizens in interpreting and complying with all election, voter registration and financial disclosure laws. TOTAL STATE FUNDS $5,741,479 $5,741,479 $5,841,479 $5,741,479 State General Funds $5,741,479 $5,741,479 $5,841,479 $5,741,479 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 $5,761,479 $5,761,479 $5,861,479 $5,761,479 Office Administration Continuation Budget The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS $5,303,115 $5,303,115 $30,000 $5,303,115 $5,303,115 $30,000 $5,303,115 $5,303,115 $30,000 $5,303,115 $5,303,115 $30,000 2152 JOURNAL OF THE SENATE 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 $5,333,115 $5,333,115 $5,333,115 $5,333,115 339.1 Transfer funds from the Elections, Professional Licensing Boards, and Securities programs. (H and S:Transfer funds and fifty- two positions from the Elections, Professional Licensing Boards, and Securities programs.) State General Funds $867,278 339.2 Transfer funds to the Elections program for Voter ID educational activities. $867,278 $867,278 $867,278 State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 339.3 Increase funds to cover legal expenses. State General Funds $431,103 $431,103 $431,103 $431,103 339.4 Transfer all Administration Program data to Administration Subprogram. (H:YES)(S and CC:Approval by the General Assembly not required) State General Funds $0 $0 $0 339.100 -Office Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $6,101,496 $6,101,496 $6,101,496 $6,101,496 State General Funds $6,101,496 $6,101,496 $6,101,496 $6,101,496 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 $6,131,496 $6,131,496 $6,131,496 $6,131,496 Professional Licensing Boards Continuation Budget 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 $11,972,078 $11,972,078 $11,972,078 $11,972,078 State General Funds $11,972,078 $11,972,078 $11,972,078 $11,972,078 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 $12,122,078 $12,122,078 $12,122,078 $12,122,078 340.1 Transfer funds to the Office Administration program. (H and S:Transfer funds and forty-five positions to the Office THURSDAY, MARCH 20, 2008 2153 Administration program) State General Funds ($732,333) ($732,333) ($732,333) ($732,333) 340.100 -Professional Licensing Boards Appropriation (HB 989) 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 $11,239,745 $11,239,745 $11,239,745 $11,239,745 State General Funds $11,239,745 $11,239,745 $11,239,745 $11,239,745 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 $11,389,745 $11,389,745 $11,389,745 $11,389,745 Securities Continuation Budget The purpose of this appropriation is to provide for registration, compliance and enforcement of the provisions of the Georgia Codes, and to provide information to the public regarding subjects of such codes. TOTAL STATE FUNDS $2,191,515 $2,191,515 $2,191,515 $2,191,515 State General Funds $2,191,515 $2,191,515 $2,191,515 $2,191,515 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 $2,241,515 $2,241,515 $2,241,515 $2,241,515 341.1 Transfer funds to the Office Administration program. (H and S:Transfer funds and four positions to the Office Administration program) State General Funds ($77,495) ($77,495) ($77,495) ($77,495) 341.100 -Securities Appropriation (HB 989) The purpose of this appropriation is to provide for registration, compliance and enforcement of the provisions of the Georgia Codes, and to provide information to the public regarding subjects of such codes. TOTAL STATE FUNDS $2,114,020 $2,114,020 $2,114,020 $2,114,020 State General Funds $2,114,020 $2,114,020 $2,114,020 $2,114,020 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 $2,164,020 $2,164,020 $2,164,020 $2,164,020 2154 JOURNAL OF THE SENATE Drugs and Narcotics Agency, Georgia Continuation Budget 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 $1,454,200 $1,454,200 $1,454,200 $1,454,200 State General Funds $1,454,200 $1,454,200 $1,454,200 $1,454,200 TOTAL PUBLIC FUNDS $1,454,200 $1,454,200 $1,454,200 $1,454,200 342.100 -Drugs and Narcotics Agency, Georgia Appropriation (HB 989) 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 $1,454,200 $1,454,200 $1,454,200 $1,454,200 State General Funds $1,454,200 $1,454,200 $1,454,200 $1,454,200 TOTAL PUBLIC FUNDS $1,454,200 $1,454,200 $1,454,200 $1,454,200 State Ethics Commission Continuation Budget 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 $1,868,943 $1,868,943 $1,868,943 $1,868,943 State General Funds $1,868,943 $1,868,943 $1,868,943 $1,868,943 TOTAL PUBLIC FUNDS $1,868,943 $1,868,943 $1,868,943 $1,868,943 343.100 -State Ethics Commission Appropriation (HB 989) 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 $1,868,943 $1,868,943 $1,868,943 $1,868,943 State General Funds $1,868,943 $1,868,943 $1,868,943 $1,868,943 TOTAL PUBLIC FUNDS $1,868,943 $1,868,943 $1,868,943 $1,868,943 Commission on the Holocaust, Georgia Continuation Budget 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. TOTAL STATE FUNDS State General Funds $340,743 $340,743 $340,743 $340,743 $340,743 $340,743 $340,743 $340,743 THURSDAY, MARCH 20, 2008 2155 TOTAL PUBLIC FUNDS $340,743 $340,743 $340,743 $340,743 344.100 -Commission on the Holocaust, Georgia Appropriation (HB 989) 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. TOTAL STATE FUNDS $340,743 $340,743 $340,743 $340,743 State General Funds $340,743 $340,743 $340,743 $340,743 TOTAL PUBLIC FUNDS $340,743 $340,743 $340,743 $340,743 Real Estate Commission Continuation Budget 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 $3,535,210 $3,535,210 $3,535,210 $3,535,210 State General Funds $3,535,210 $3,535,210 $3,535,210 $3,535,210 TOTAL PUBLIC FUNDS $3,535,210 $3,535,210 $3,535,210 $3,535,210 345.100 -Real Estate Commission Appropriation (HB 989) 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 $3,535,210 $3,535,210 $3,535,210 $3,535,210 State General Funds $3,535,210 $3,535,210 $3,535,210 $3,535,210 TOTAL PUBLIC FUNDS $3,535,210 $3,535,210 $3,535,210 $3,535,210 Section 42: Soil and Water Conservation Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $3,517,863 $3,517,863 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $13,574,056 $3,517,863 $3,517,863 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $13,574,056 $3,517,863 $3,517,863 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $13,574,056 $3,517,863 $3,517,863 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $13,574,056 2156 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $4,017,863 $4,017,863 $4,017,863 $4,017,863 $3,454,308 $3,454,308 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $5,425,874 $5,425,874 $1,176,011 $1,176,011 $349,390 $349,390 $826,621 $826,621 $14,074,056 $14,074,056 $4,017,863 $4,017,863 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $14,074,056 $4,017,863 $4,017,863 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $14,074,056 Commission Administration Continuation Budget The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $640,246 $640,246 $640,246 $640,246 State General Funds $640,246 $640,246 $640,246 $640,246 TOTAL PUBLIC FUNDS $640,246 $640,246 $640,246 $640,246 346.100 -Commission Administration Appropriation (HB 989) The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $640,246 $640,246 $640,246 $640,246 State General Funds $640,246 $640,246 $640,246 $640,246 TOTAL PUBLIC FUNDS $640,246 $640,246 $640,246 $640,246 Conservation of Agricultural Water Supplies Continuation Budget The purpose of this appropriation is to conserve the use of Georgia's ground and surface water by agricultural water users. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $314,303 $314,303 $3,131,804 $3,131,804 $5,375,874 $5,375,874 $5,375,874 $8,821,981 $314,303 $314,303 $3,131,804 $3,131,804 $5,375,874 $5,375,874 $5,375,874 $8,821,981 $314,303 $314,303 $3,131,804 $3,131,804 $5,375,874 $5,375,874 $5,375,874 $8,821,981 $314,303 $314,303 $3,131,804 $3,131,804 $5,375,874 $5,375,874 $5,375,874 $8,821,981 THURSDAY, MARCH 20, 2008 2157 347.100 -Conservation of Agricultural Water Supplies Appropriation (HB 989) The purpose of this appropriation is to conserve the use of Georgia's ground and surface water by agricultural water users. TOTAL STATE FUNDS $314,303 $314,303 $314,303 $314,303 State General Funds $314,303 $314,303 $314,303 $314,303 TOTAL FEDERAL FUNDS $3,131,804 $3,131,804 $3,131,804 $3,131,804 Federal Funds Not Itemized $3,131,804 $3,131,804 $3,131,804 $3,131,804 TOTAL AGENCY FUNDS $5,375,874 $5,375,874 $5,375,874 $5,375,874 Intergovernmental Transfers $5,375,874 $5,375,874 $5,375,874 $5,375,874 Intergovernmental Transfers Not Itemized $5,375,874 $5,375,874 $5,375,874 $5,375,874 TOTAL PUBLIC FUNDS $8,821,981 $8,821,981 $8,821,981 $8,821,981 Conservation of Soil and Water Resources Continuation Budget 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 $1,579,073 $1,579,073 $1,579,073 $1,579,073 State General Funds $1,579,073 $1,579,073 $1,579,073 $1,579,073 TOTAL FEDERAL FUNDS $322,504 $322,504 $322,504 $322,504 Federal Funds Not Itemized $322,504 $322,504 $322,504 $322,504 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 $50,000 Intergovernmental Transfers $50,000 $50,000 $50,000 $50,000 Intergovernmental Transfers Not Itemized $50,000 $50,000 $50,000 $50,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,176,011 $1,176,011 $1,176,011 $1,176,011 State Funds Transfers $349,390 $349,390 $349,390 $349,390 Agency to Agency Contracts $349,390 $349,390 $349,390 $349,390 Federal Funds Transfers $826,621 $826,621 $826,621 $826,621 FF Water Quality Management Planning CFDA66.454 $826,621 $826,621 $826,621 $826,621 TOTAL PUBLIC FUNDS $3,127,588 $3,127,588 $3,127,588 $3,127,588 348.100 -Conservation of Soil and Water Resources Appropriation (HB 989) 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 $1,579,073 $1,579,073 $1,579,073 $1,579,073 State General Funds $1,579,073 $1,579,073 $1,579,073 $1,579,073 TOTAL FEDERAL FUNDS $322,504 $322,504 $322,504 $322,504 2158 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS $322,504 $50,000 $50,000 $50,000 $1,176,011 $349,390 $349,390 $826,621 $826,621 $3,127,588 $322,504 $50,000 $50,000 $50,000 $1,176,011 $349,390 $349,390 $826,621 $826,621 $3,127,588 $322,504 $50,000 $50,000 $50,000 $1,176,011 $349,390 $349,390 $826,621 $826,621 $3,127,588 $322,504 $50,000 $50,000 $50,000 $1,176,011 $349,390 $349,390 $826,621 $826,621 $3,127,588 U.S.D.A. Flood Control Watershed Structures Continuation Budget The purpose of this appropriation is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. TOTAL STATE FUNDS $106,696 $106,696 $106,696 $106,696 State General Funds $106,696 $106,696 $106,696 $106,696 TOTAL PUBLIC FUNDS $106,696 $106,696 $106,696 $106,696 349.1 Increase funds for the maintenance of twenty watershed dams with the potential to serve as water supply reservoirs. State General Funds $500,000 $500,000 $500,000 $500,000 349.100 -U.S.D.A. Flood Control Watershed Structures Appropriation (HB 989) The purpose of this appropriation is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. TOTAL STATE FUNDS $606,696 $606,696 $606,696 $606,696 State General Funds $606,696 $606,696 $606,696 $606,696 TOTAL PUBLIC FUNDS $606,696 $606,696 $606,696 $606,696 Water Resources and Land Use Planning Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $877,545 $877,545 $877,545 $877,545 $877,545 $877,545 $877,545 $877,545 $877,545 $877,545 $877,545 $877,545 THURSDAY, MARCH 20, 2008 2159 350.100 -Water Resources and Land Use Planning Appropriation (HB 989) 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 $877,545 $877,545 $877,545 $877,545 State General Funds $877,545 $877,545 $877,545 $877,545 TOTAL PUBLIC FUNDS $877,545 $877,545 $877,545 $877,545 Section 43: Student Finance Commission and Authority, Georgia TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $556,920,642 $556,920,642 $40,223,482 $40,223,482 $516,697,160 $516,697,160 $520,653 $520,653 $520,653 $520,653 $5,622,493 $5,622,493 $5,622,493 $5,622,493 $563,063,788 $563,063,788 Section Total - Final $556,920,642 $556,920,642 $40,223,482 $40,223,482 $516,697,160 $516,697,160 $520,653 $520,653 $520,653 $520,653 $5,622,493 $5,622,493 $5,622,493 $5,622,493 $563,063,788 $563,063,788 $556,920,642 $40,223,482 $516,697,160 $520,653 $520,653 $5,622,493 $5,622,493 $563,063,788 $556,920,642 $40,223,482 $516,697,160 $520,653 $520,653 $5,622,493 $5,622,493 $563,063,788 $556,920,642 $40,223,482 $516,697,160 $520,653 $520,653 $5,622,493 $5,622,493 $563,063,788 $556,920,642 $40,223,482 $516,697,160 $520,653 $520,653 $5,622,493 $5,622,493 $563,063,788 Accel Continuation Budget 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. TOTAL STATE FUNDS Lottery Proceeds TOTAL PUBLIC FUNDS $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 2160 JOURNAL OF THE SENATE 351.100 -Accel Appropriation (HB 989) 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. 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 of this appropriation 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 State General Funds $0 $0 $0 $0 Lottery Proceeds $760,000 $760,000 $760,000 $760,000 TOTAL PUBLIC FUNDS $760,000 $760,000 $760,000 $760,000 352.100 -Engineer Scholarship Appropriation (HB 989) The purpose of this appropriation 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 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 $1,228,708 $1,228,708 $1,228,708 $1,228,708 Lottery Proceeds $1,228,708 $1,228,708 $1,228,708 $1,228,708 TOTAL PUBLIC FUNDS $1,228,708 $1,228,708 $1,228,708 $1,228,708 353.100 -Georgia Military College Scholarship Appropriation (HB 989) 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 $1,228,708 $1,228,708 $1,228,708 $1,228,708 Lottery Proceeds $1,228,708 $1,228,708 $1,228,708 $1,228,708 TOTAL PUBLIC FUNDS $1,228,708 $1,228,708 $1,228,708 $1,228,708 THURSDAY, MARCH 20, 2008 2161 Governor's Scholarship Program Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $2,329,200 $2,329,200 $2,329,200 $2,329,200 $2,329,200 $2,329,200 $2,329,200 $2,329,200 $2,329,200 $2,329,200 $2,329,200 $2,329,200 354.100 -Governor's Scholarship Program Appropriation (HB 989) 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 $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 of this appropriation is to provide forgivable loans to students enrolled in critical fields of study, which include programs such as nursing, physical therapy and pharmacy. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $3,799,883 $3,799,883 $250,000 $250,000 $250,000 $4,049,883 $3,799,883 $3,799,883 $250,000 $250,000 $250,000 $4,049,883 $3,799,883 $3,799,883 $250,000 $250,000 $250,000 $4,049,883 $3,799,883 $3,799,883 $250,000 $250,000 $250,000 $4,049,883 355.100 -Guaranteed Educational Loans Appropriation (HB 989) The purpose of this appropriation is to provide forgivable loans to students enrolled in critical fields of study, which include programs such as 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 AGENCY FUNDS $250,000 $250,000 $250,000 $250,000 Intergovernmental Transfers $250,000 $250,000 $250,000 $250,000 Intergovernmental Transfers Not Itemized $250,000 $250,000 $250,000 $250,000 TOTAL PUBLIC FUNDS $4,049,883 $4,049,883 $4,049,883 $4,049,883 2162 JOURNAL OF THE SENATE HERO Scholarship Continuation Budget 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 $200,000 State General Funds $200,000 $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $718,000 $718,000 $718,000 $718,000 Intergovernmental Transfers $718,000 $718,000 $718,000 $718,000 Intergovernmental Transfers Not Itemized $718,000 $718,000 $718,000 $718,000 TOTAL PUBLIC FUNDS $918,000 $918,000 $918,000 $918,000 356.100 -HERO Scholarship Appropriation (HB 989) 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 $200,000 State General Funds $200,000 $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $718,000 $718,000 $718,000 $718,000 Intergovernmental Transfers $718,000 $718,000 $718,000 $718,000 Intergovernmental Transfers Not Itemized $718,000 $718,000 $718,000 $718,000 TOTAL PUBLIC FUNDS $918,000 $918,000 $918,000 $918,000 HOPE Administration Continuation Budget The purpose of this appropriation 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 $5,387,232 $5,387,232 $5,387,232 $5,387,232 State General Funds $158,912 $158,912 $158,912 $158,912 Lottery Proceeds $5,228,320 $5,228,320 $5,228,320 $5,228,320 TOTAL AGENCY FUNDS $500,000 $500,000 $500,000 $500,000 Intergovernmental Transfers $500,000 $500,000 $500,000 $500,000 Intergovernmental Transfers Not Itemized $500,000 $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $5,887,232 $5,887,232 $5,887,232 $5,887,232 357.99 CC: The purpose of this appropriation 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. House: THURSDAY, MARCH 20, 2008 2163 State General Funds $0 $0 357.100 -HOPE Administration Appropriation (HB 989) The purpose of this appropriation 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 $5,387,232 $5,387,232 $5,387,232 $5,387,232 State General Funds $158,912 $158,912 $158,912 $158,912 Lottery Proceeds $5,228,320 $5,228,320 $5,228,320 $5,228,320 TOTAL AGENCY FUNDS $500,000 $500,000 $500,000 $500,000 Intergovernmental Transfers $500,000 $500,000 $500,000 $500,000 Intergovernmental Transfers Not Itemized $500,000 $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $5,887,232 $5,887,232 $5,887,232 $5,887,232 HOPE GED Continuation Budget 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 $2,461,614 Lottery Proceeds $2,461,614 $2,461,614 $2,461,614 $2,461,614 TOTAL PUBLIC FUNDS $2,461,614 $2,461,614 $2,461,614 $2,461,614 358.100 -HOPE GED Appropriation (HB 989) 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 $2,461,614 Lottery Proceeds $2,461,614 $2,461,614 $2,461,614 $2,461,614 TOTAL PUBLIC FUNDS $2,461,614 $2,461,614 $2,461,614 $2,461,614 HOPE Grant Continuation Budget 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 $104,972,024 $104,972,024 $104,972,024 Lottery Proceeds $104,972,024 $104,972,024 $104,972,024 TOTAL PUBLIC FUNDS $104,972,024 $104,972,024 $104,972,024 359.1 Transfer funds from the HOPE Scholarships - Public Schools program to meet projected needs. $104,972,024 $104,972,024 $104,972,024 Lottery Proceeds $6,852,751 $6,852,751 $6,852,751 $6,852,751 2164 JOURNAL OF THE SENATE 359.100 -HOPE Grant Appropriation (HB 989) 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 $111,824,775 $111,824,775 $111,824,775 $111,824,775 Lottery Proceeds $111,824,775 $111,824,775 $111,824,775 $111,824,775 TOTAL PUBLIC FUNDS $111,824,775 $111,824,775 $111,824,775 $111,824,775 HOPE Scholarships - Private Schools Continuation Budget 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 $45,651,732 Lottery Proceeds $45,651,732 $45,651,732 $45,651,732 $45,651,732 TOTAL PUBLIC FUNDS $45,651,732 $45,651,732 $45,651,732 $45,651,732 360.100 -HOPE Scholarships - Private Schools Appropriation (HB 989) 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 $45,651,732 Lottery Proceeds $45,651,732 $45,651,732 $45,651,732 $45,651,732 TOTAL PUBLIC FUNDS $45,651,732 $45,651,732 $45,651,732 $45,651,732 HOPE Scholarships - Public Schools Continuation Budget 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 $338,950,936 Lottery Proceeds $338,950,936 TOTAL PUBLIC FUNDS $338,950,936 361.1 Transfer funds to the HOPE Grant program to meet projected needs. $338,950,936 $338,950,936 $338,950,936 $338,950,936 $338,950,936 $338,950,936 $338,950,936 $338,950,936 $338,950,936 Lottery Proceeds ($6,852,751) ($6,852,751) ($6,852,751) ($6,852,751) 361.100 -HOPE Scholarships - Public Schools Appropriation (HB 989) 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 $332,098,185 $332,098,185 $332,098,185 $332,098,185 Lottery Proceeds $332,098,185 $332,098,185 $332,098,185 $332,098,185 THURSDAY, MARCH 20, 2008 2165 TOTAL PUBLIC FUNDS $332,098,185 $332,098,185 $332,098,185 $332,098,185 Law Enforcement Dependents Grant Continuation Budget 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 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 $50,911 362.100 -Law Enforcement Dependents Grant Appropriation (HB 989) 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 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 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 $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 $1,487,410 363.100 -Leveraging Educational Assistance Partnership Program Appropriation (HB 989) 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 $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 2166 JOURNAL OF THE SENATE North Georgia Military Scholarship Grants Continuation Budget 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 $683,951 State General Funds $683,951 $683,951 $683,951 $683,951 TOTAL PUBLIC FUNDS $683,951 $683,951 $683,951 $683,951 364.100 -North Georgia Military Scholarship Grants Appropriation (HB 989) 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 $683,951 State General Funds $683,951 $683,951 $683,951 $683,951 TOTAL PUBLIC FUNDS $683,951 $683,951 $683,951 $683,951 North Georgia ROTC Grants Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $432,479 $432,479 $432,479 $432,479 $432,479 $432,479 $432,479 $432,479 $432,479 $432,479 $432,479 $432,479 365.100 -North Georgia ROTC Grants Appropriation (HB 989) 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 $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 of this appropriation 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 Lottery Proceeds TOTAL PUBLIC FUNDS $5,855,278 $5,855,278 $5,855,278 $5,855,278 $5,855,278 $5,855,278 $5,855,278 $5,855,278 $5,855,278 $5,855,278 $5,855,278 $5,855,278 THURSDAY, MARCH 20, 2008 2167 366.100 -Promise Scholarship Appropriation (HB 989) The purpose of this appropriation 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 Public Memorial Safety Grant Continuation Budget 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 $255,850 Lottery Proceeds $255,850 $255,850 $255,850 $255,850 TOTAL PUBLIC FUNDS $255,850 $255,850 $255,850 $255,850 367.100 -Public Memorial Safety Grant Appropriation (HB 989) 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 $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 of this appropriation 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 $5,332,698 368.100 -Teacher Scholarship Appropriation (HB 989) The purpose of this appropriation 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 2168 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $5,332,698 $5,332,698 $5,332,698 $5,332,698 Tuition Equalization Grants Continuation Budget 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 $30,811,802 $30,811,802 $30,811,802 $30,811,802 State General Funds $30,811,802 $30,811,802 $30,811,802 $30,811,802 TOTAL AGENCY FUNDS $4,154,493 $4,154,493 $4,154,493 $4,154,493 Intergovernmental Transfers $4,154,493 $4,154,493 $4,154,493 $4,154,493 Intergovernmental Transfers Not Itemized $4,154,493 $4,154,493 $4,154,493 $4,154,493 TOTAL PUBLIC FUNDS $34,966,295 $34,966,295 $34,966,295 $34,966,295 369.100 -Tuition Equalization Grants Appropriation (HB 989) 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 $30,811,802 $30,811,802 $30,811,802 $30,811,802 State General Funds $30,811,802 $30,811,802 $30,811,802 $30,811,802 TOTAL AGENCY FUNDS $4,154,493 $4,154,493 $4,154,493 $4,154,493 Intergovernmental Transfers $4,154,493 $4,154,493 $4,154,493 $4,154,493 Intergovernmental Transfers Not Itemized $4,154,493 $4,154,493 $4,154,493 $4,154,493 TOTAL PUBLIC FUNDS $34,966,295 $34,966,295 $34,966,295 $34,966,295 Nonpublic Postsecondary Education Commission Continuation Budget The purpose of this appropriation is to authorize private post-secondary schools in Georgia; provide transcripts for students who attended schools that closed; and resolve complaints. TOTAL STATE FUNDS $789,587 $789,587 $789,587 $789,587 State General Funds $789,587 $789,587 $789,587 $789,587 TOTAL PUBLIC FUNDS $789,587 $789,587 $789,587 $789,587 370.100 -Nonpublic Postsecondary Education Commission Appropriation (HB 989) The purpose of this appropriation is to authorize private post-secondary schools in Georgia; provide transcripts for students who attended schools that closed; and resolve complaints. TOTAL STATE FUNDS $789,587 $789,587 $789,587 $789,587 State General Funds $789,587 $789,587 $789,587 $789,587 TOTAL PUBLIC FUNDS $789,587 $789,587 $789,587 $789,587 THURSDAY, MARCH 20, 2008 2169 Section 44: Teachers' Retirement System TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $1,555,000 $1,555,000 $1,555,000 $1,555,000 $448,481 $448,481 $448,481 $448,481 $25,902,975 $25,902,975 $25,902,975 $25,902,975 $27,906,456 $27,906,456 Section Total - Final $1,555,000 $1,555,000 $1,555,000 $1,555,000 $448,481 $448,481 $448,481 $448,481 $25,902,975 $25,902,975 $25,902,975 $25,902,975 $27,906,456 $27,906,456 $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $25,902,975 $27,906,456 $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $25,902,975 $27,906,456 $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $25,902,975 $27,906,456 $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $25,902,975 $27,906,456 Floor/COLA, Local System Fund Continuation Budget The purpose of this appropriation is 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 STATE FUNDS $1,555,000 $1,555,000 $1,555,000 $1,555,000 State General Funds $1,555,000 $1,555,000 $1,555,000 $1,555,000 TOTAL PUBLIC FUNDS $1,555,000 $1,555,000 $1,555,000 $1,555,000 371.100 -Floor/COLA, Local System Fund Appropriation (HB 989) The purpose of this appropriation is 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 STATE FUNDS $1,555,000 $1,555,000 $1,555,000 $1,555,000 State General Funds $1,555,000 $1,555,000 $1,555,000 $1,555,000 TOTAL PUBLIC FUNDS $1,555,000 $1,555,000 $1,555,000 $1,555,000 System Administration Continuation Budget The purpose of this appropriation is to provide all services to active members, including: service purchases, refunds, retirement 2170 JOURNAL OF THE SENATE counseling, and new retirement processing. TOTAL STATE FUNDS TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $0 $448,481 $448,481 $448,481 $25,902,975 $25,902,975 $25,902,975 $26,351,456 $0 $448,481 $448,481 $448,481 $25,902,975 $25,902,975 $25,902,975 $26,351,456 $0 $448,481 $448,481 $448,481 $25,902,975 $25,902,975 $25,902,975 $26,351,456 $0 $448,481 $448,481 $448,481 $25,902,975 $25,902,975 $25,902,975 $26,351,456 372.100 -System Administration Appropriation (HB 989) The purpose of this appropriation is to provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. TOTAL AGENCY FUNDS $448,481 $448,481 $448,481 $448,481 Sales and Services $448,481 $448,481 $448,481 $448,481 Sales and Services Not Itemized $448,481 $448,481 $448,481 $448,481 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $25,902,975 $25,902,975 $25,902,975 $25,902,975 State Funds Transfers $25,902,975 $25,902,975 $25,902,975 $25,902,975 Retirement Payments $25,902,975 $25,902,975 $25,902,975 $25,902,975 TOTAL PUBLIC FUNDS $26,351,456 $26,351,456 $26,351,456 $26,351,456 It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.28%. Section 45: Technical and Adult Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 THURSDAY, MARCH 20, 2008 2171 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $373,317,567 $373,317,567 $373,317,567 $373,317,567 $37,000,000 $37,000,000 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $112,800,000 $112,800,000 $523,117,567 $523,117,567 $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 Adult Literacy Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $16,016,600 $16,016,600 $14,000,000 $14,000,000 $2,000,000 $2,000,000 $2,000,000 $32,016,600 $16,016,600 $16,016,600 $14,000,000 $14,000,000 $2,000,000 $2,000,000 $2,000,000 $32,016,600 $16,016,600 $16,016,600 $14,000,000 $14,000,000 $2,000,000 $2,000,000 $2,000,000 $32,016,600 $16,016,600 $16,016,600 $14,000,000 $14,000,000 $2,000,000 $2,000,000 $2,000,000 $32,016,600 373.100 -Adult Literacy Appropriation (HB 989) 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 $16,016,600 $16,016,600 $16,016,600 $16,016,600 State General Funds $16,016,600 $16,016,600 $16,016,600 $16,016,600 TOTAL FEDERAL FUNDS $14,000,000 $14,000,000 $14,000,000 $14,000,000 Federal Funds Not Itemized $14,000,000 $14,000,000 $14,000,000 $14,000,000 TOTAL AGENCY FUNDS $2,000,000 $2,000,000 $2,000,000 $2,000,000 Sales and Services $2,000,000 $2,000,000 $2,000,000 $2,000,000 Sales and Services Not Itemized $2,000,000 $2,000,000 $2,000,000 $2,000,000 2172 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $32,016,600 $32,016,600 $32,016,600 $32,016,600 Departmental Administration Continuation Budget 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 $10,050,002 $10,050,002 $10,050,002 $10,050,002 State General Funds $10,050,002 $10,050,002 $10,050,002 $10,050,002 TOTAL FEDERAL FUNDS $3,000,000 $3,000,000 $3,000,000 $3,000,000 Federal Funds Not Itemized $3,000,000 $3,000,000 $3,000,000 $3,000,000 TOTAL AGENCY FUNDS $800,000 $800,000 $800,000 $800,000 Sales and Services $800,000 $800,000 $800,000 $800,000 Sales and Services Not Itemized $800,000 $800,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $13,850,002 $13,850,002 $13,850,002 $13,850,002 374.100 -Departmental Administration Appropriation (HB 989) 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 $10,050,002 $10,050,002 $10,050,002 $10,050,002 State General Funds $10,050,002 $10,050,002 $10,050,002 $10,050,002 TOTAL FEDERAL FUNDS $3,000,000 $3,000,000 $3,000,000 $3,000,000 Federal Funds Not Itemized $3,000,000 $3,000,000 $3,000,000 $3,000,000 TOTAL AGENCY FUNDS $800,000 $800,000 $800,000 $800,000 Sales and Services $800,000 $800,000 $800,000 $800,000 Sales and Services Not Itemized $800,000 $800,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $13,850,002 $13,850,002 $13,850,002 $13,850,002 Quick Start and Customized Services Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS $16,368,043 $16,368,043 $5,000,000 $16,368,043 $16,368,043 $5,000,000 $16,368,043 $16,368,043 $5,000,000 $16,368,043 $16,368,043 $5,000,000 THURSDAY, MARCH 20, 2008 2173 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,000,000 $5,000,000 $21,368,043 $5,000,000 $5,000,000 $21,368,043 $5,000,000 $5,000,000 $21,368,043 $5,000,000 $5,000,000 $21,368,043 375.100 -Quick Start and Customized Services Appropriation (HB 989) 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 $16,368,043 $16,368,043 $16,368,043 $16,368,043 State General Funds $16,368,043 $16,368,043 $16,368,043 $16,368,043 TOTAL AGENCY FUNDS $5,000,000 $5,000,000 $5,000,000 $5,000,000 Sales and Services $5,000,000 $5,000,000 $5,000,000 $5,000,000 Sales and Services Not Itemized $5,000,000 $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $21,368,043 $21,368,043 $21,368,043 $21,368,043 Technical Education Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $330,882,922 $330,882,922 $20,000,000 $20,000,000 $105,000,000 $105,000,000 $105,000,000 $455,882,922 $330,882,922 $330,882,922 $20,000,000 $20,000,000 $105,000,000 $105,000,000 $105,000,000 $455,882,922 $330,882,922 $330,882,922 $20,000,000 $20,000,000 $105,000,000 $105,000,000 $105,000,000 $455,882,922 $330,882,922 $330,882,922 $20,000,000 $20,000,000 $105,000,000 $105,000,000 $105,000,000 $455,882,922 376.100 -Technical Education Appropriation (HB 989) 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 $330,882,922 $330,882,922 $330,882,922 $330,882,922 State General Funds $330,882,922 $330,882,922 $330,882,922 $330,882,922 2174 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $20,000,000 $20,000,000 $105,000,000 $105,000,000 $105,000,000 $455,882,922 $20,000,000 $20,000,000 $105,000,000 $105,000,000 $105,000,000 $455,882,922 $20,000,000 $20,000,000 $105,000,000 $105,000,000 $105,000,000 $455,882,922 $20,000,000 $20,000,000 $105,000,000 $105,000,000 $105,000,000 $455,882,922 Section 46: Transportation, Department of Section Total - Continuation TOTAL STATE FUNDS $773,787,194 State General Funds $23,372,316 State Motor Fuel Funds $750,414,878 TOTAL FEDERAL FUNDS $1,336,932,809 Federal Funds Not Itemized $26,500,000 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,310,432,809 TOTAL AGENCY FUNDS $6,759,541 Intergovernmental Transfers $760,233 Sales and Services $5,999,308 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $657,795 State Funds Transfers $657,795 TOTAL PUBLIC FUNDS $2,118,137,339 $773,787,194 $23,372,316 $750,414,878 $1,336,932,809 $26,500,000 $1,310,432,809 $6,759,541 $760,233 $5,999,308 $657,795 $657,795 $2,118,137,339 $773,787,194 $23,372,316 $750,414,878 $1,336,932,809 $26,500,000 $1,310,432,809 $6,759,541 $760,233 $5,999,308 $657,795 $657,795 $2,118,137,339 $773,787,194 $23,372,316 $750,414,878 $1,336,932,809 $26,500,000 $1,310,432,809 $6,759,541 $760,233 $5,999,308 $657,795 $657,795 $2,118,137,339 Section Total - Final TOTAL STATE FUNDS $832,725,819 $832,725,819 $832,725,819 $832,725,819 State General Funds $23,372,316 $23,372,316 $23,372,316 $23,372,316 State Motor Fuel Funds $809,353,503 $809,353,503 $809,353,503 $809,353,503 TOTAL FEDERAL FUNDS $1,336,932,809 $1,336,932,809 $1,336,932,809 $1,336,932,809 Federal Funds Not Itemized $26,500,000 $26,500,000 $26,500,000 $26,500,000 Federal Highway Admin.-Planning & Construction CFDA20.205$1,310,432,809 $1,310,432,809 $1,310,432,809 $1,310,432,809 TOTAL AGENCY FUNDS $6,759,541 $6,759,541 $6,759,541 $6,759,541 Intergovernmental Transfers $760,233 $760,233 $760,233 $760,233 Sales and Services $5,999,308 $5,999,308 $5,999,308 $5,999,308 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $657,795 $657,795 $657,795 $657,795 THURSDAY, MARCH 20, 2008 2175 State Funds Transfers TOTAL PUBLIC FUNDS $657,795 $657,795 $657,795 $657,795 $2,177,075,964 $2,177,075,964 $2,177,075,964 $2,177,075,964 Air Transportation Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Air Transportation Charges TOTAL PUBLIC FUNDS $1,506,758 $1,506,758 $275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $2,439,553 $1,506,758 $1,506,758 $275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $2,439,553 $1,506,758 $1,506,758 $275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $2,439,553 $1,506,758 $1,506,758 $275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $2,439,553 377.100 -Air Transportation Appropriation (HB 989) 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 $1,506,758 $1,506,758 $1,506,758 $1,506,758 State General Funds $1,506,758 $1,506,758 $1,506,758 $1,506,758 TOTAL AGENCY FUNDS $275,000 $275,000 $275,000 $275,000 Sales and Services $275,000 $275,000 $275,000 $275,000 Sales and Services Not Itemized $275,000 $275,000 $275,000 $275,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $657,795 $657,795 $657,795 $657,795 State Funds Transfers $657,795 $657,795 $657,795 $657,795 Air Transportation Charges $657,795 $657,795 $657,795 $657,795 TOTAL PUBLIC FUNDS $2,439,553 $2,439,553 $2,439,553 $2,439,553 Airport Aid Continuation Budget 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 $11,646,149 $11,646,149 $11,646,149 $11,646,149 2176 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $11,646,149 $6,500,000 $6,500,000 $18,146,149 $11,646,149 $6,500,000 $6,500,000 $18,146,149 $11,646,149 $6,500,000 $6,500,000 $18,146,149 $11,646,149 $6,500,000 $6,500,000 $18,146,149 378.100 -Airport Aid Appropriation (HB 989) 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 $11,646,149 $11,646,149 $11,646,149 $11,646,149 State General Funds $11,646,149 $11,646,149 $11,646,149 $11,646,149 TOTAL FEDERAL FUNDS $6,500,000 $6,500,000 $6,500,000 $6,500,000 Federal Funds Not Itemized $6,500,000 $6,500,000 $6,500,000 $6,500,000 TOTAL PUBLIC FUNDS $18,146,149 $18,146,149 $18,146,149 $18,146,149 Data Collection, Compliance and Reporting Continuation Budget 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 State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,498,398 $898,585 $3,599,813 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,830,912 $4,498,398 $898,585 $3,599,813 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,830,912 $4,498,398 $898,585 $3,599,813 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,830,912 $4,498,398 $898,585 $3,599,813 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,830,912 379.100 -Data Collection, Compliance and Reporting Appropriation (HB 989) 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 $4,498,398 $4,498,398 $4,498,398 $4,498,398 State General Funds $898,585 $898,585 $898,585 $898,585 State Motor Fuel Funds $3,599,813 $3,599,813 $3,599,813 $3,599,813 THURSDAY, MARCH 20, 2008 2177 TOTAL FEDERAL FUNDS $8,270,257 Federal Highway Admin.-Planning & Construction CFDA20.205 $8,270,257 TOTAL AGENCY FUNDS $62,257 Sales and Services $62,257 Sales and Services Not Itemized $62,257 TOTAL PUBLIC FUNDS $12,830,912 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,830,912 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,830,912 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,830,912 Departmental Administration Continuation Budget 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 State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $63,873,730 $0 $63,873,730 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $75,612,523 $63,873,730 $0 $63,873,730 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $75,612,523 $63,873,730 $0 $63,873,730 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $75,612,523 $63,873,730 $0 $63,873,730 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $75,612,523 380.100 -Departmental Administration Appropriation (HB 989) 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 $63,873,730 $63,873,730 $63,873,730 $63,873,730 State Motor Fuel Funds $63,873,730 $63,873,730 $63,873,730 $63,873,730 TOTAL FEDERAL FUNDS $10,839,823 $10,839,823 $10,839,823 $10,839,823 Federal Highway Admin.-Planning & Construction CFDA20.205 $10,839,823 $10,839,823 $10,839,823 $10,839,823 TOTAL AGENCY FUNDS $898,970 $898,970 $898,970 $898,970 Sales and Services $898,970 $898,970 $898,970 $898,970 Sales and Services Not Itemized $898,970 $898,970 $898,970 $898,970 TOTAL PUBLIC FUNDS $75,612,523 $75,612,523 $75,612,523 $75,612,523 2178 JOURNAL OF THE SENATE 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 $136,095,478 State General Funds $0 State Motor Fuel Funds $136,095,478 TOTAL FEDERAL FUNDS $69,658,670 Federal Highway Admin.-Planning & Construction CFDA20.205 $69,658,670 TOTAL AGENCY FUNDS $595,233 Intergovernmental Transfers $595,233 Intergovernmental Transfers Not Itemized $595,233 TOTAL PUBLIC FUNDS $206,349,381 381.1 Increase funds for State Fund Construction - Most Needed projects. $136,095,478 $0 $136,095,478 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $206,349,381 $136,095,478 $0 $136,095,478 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $206,349,381 $136,095,478 $0 $136,095,478 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $206,349,381 State Motor Fuel Funds $16,589,074 $16,589,074 381.2 Increase funds for State Fund Construction - Off System projects. $16,589,074 $16,589,074 State Motor Fuel Funds $21,436,336 $21,436,336 $21,436,336 $21,436,336 381.100 -Local Road Assistance Appropriation (HB 989) 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 $174,120,888 $174,120,888 $174,120,888 $174,120,888 State Motor Fuel Funds $174,120,888 $174,120,888 $174,120,888 $174,120,888 TOTAL FEDERAL FUNDS $69,658,670 $69,658,670 $69,658,670 $69,658,670 Federal Highway Admin.-Planning & Construction CFDA20.205 $69,658,670 $69,658,670 $69,658,670 $69,658,670 TOTAL AGENCY FUNDS $595,233 $595,233 $595,233 $595,233 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 $244,374,791 $244,374,791 $244,374,791 $244,374,791 Ports and Waterways Continuation Budget 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 $1,523,402 $1,523,402 $1,523,402 $1,523,402 THURSDAY, MARCH 20, 2008 2179 State General Funds TOTAL PUBLIC FUNDS $1,523,402 $1,523,402 $1,523,402 $1,523,402 $1,523,402 $1,523,402 $1,523,402 $1,523,402 382.100 -Ports and Waterways Appropriation (HB 989) 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 $1,523,402 $1,523,402 $1,523,402 $1,523,402 State General Funds $1,523,402 $1,523,402 $1,523,402 $1,523,402 TOTAL PUBLIC FUNDS $1,523,402 $1,523,402 $1,523,402 $1,523,402 Rail Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $297,483 $297,483 $88,239 $88,239 $88,239 $385,722 $297,483 $297,483 $88,239 $88,239 $88,239 $385,722 $297,483 $297,483 $88,239 $88,239 $88,239 $385,722 $297,483 $297,483 $88,239 $88,239 $88,239 $385,722 383.100 -Rail Appropriation (HB 989) 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 $297,483 $297,483 $297,483 $297,483 State General Funds $297,483 $297,483 $297,483 $297,483 TOTAL AGENCY FUNDS $88,239 $88,239 $88,239 $88,239 Sales and Services $88,239 $88,239 $88,239 $88,239 Sales and Services Not Itemized $88,239 $88,239 $88,239 $88,239 TOTAL PUBLIC FUNDS $385,722 $385,722 $385,722 $385,722 State Highway System Construction and Improvement Continuation Budget The purpose of this appropriation is to ensure a safe and efficient transportation system and provide the necessary resources to accelerate the surplus property disposal process. 2180 JOURNAL OF THE SENATE TOTAL STATE FUNDS $284,967,946 State General Funds $0 State Motor Fuel Funds $284,967,946 TOTAL FEDERAL FUNDS $1,032,888,665 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,032,888,665 TOTAL AGENCY FUNDS $165,000 Intergovernmental Transfers $165,000 Intergovernmental Transfers Not Itemized $165,000 TOTAL PUBLIC FUNDS $1,318,021,611 384.1 Increase funds for State Fund Construction - Most Needed projects. $284,967,946 $0 $284,967,946 $1,032,888,665 $1,032,888,665 $165,000 $165,000 $165,000 $1,318,021,611 $284,967,946 $0 $284,967,946 $1,032,888,665 $1,032,888,665 $165,000 $165,000 $165,000 $1,318,021,611 $284,967,946 $0 $284,967,946 $1,032,888,665 $1,032,888,665 $165,000 $165,000 $165,000 $1,318,021,611 State Motor Fuel Funds $11,059,382 $11,059,382 $11,059,382 $11,059,382 384.2 Transfer funds to the State Road and Tollway Authority for Grant Anticipation Revenue Vehicle (GARVEE) debt service payments for the Governor's Fast Forward program. State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS ($3,402,002) ($13,608,008) ($17,010,010) ($3,402,002) ($13,608,008) ($17,010,010) ($3,402,002) ($13,608,008) ($17,010,010) ($3,402,002) ($13,608,008) ($17,010,010) 384.100 -State Highway System Construction and Improvement Appropriation (HB 989) The purpose of this appropriation is to ensure a safe and efficient transportation system and provide the necessary resources to accelerate the surplus property disposal process. TOTAL STATE FUNDS $292,625,326 $292,625,326 $292,625,326 $292,625,326 State Motor Fuel Funds $292,625,326 $292,625,326 $292,625,326 $292,625,326 TOTAL FEDERAL FUNDS $1,019,280,657 $1,019,280,657 $1,019,280,657 $1,019,280,657 Federal Highway Admin.-Planning & Construction CFDA20.205$1,019,280,657 $1,019,280,657 $1,019,280,657 $1,019,280,657 TOTAL AGENCY FUNDS $165,000 $165,000 $165,000 $165,000 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 $1,312,070,983 $1,312,070,983 $1,312,070,983 $1,312,070,983 State Highway System Maintenance Continuation Budget The purpose of this appropriation is to coordinate all statewide maintenance activities. TOTAL STATE FUNDS State Motor Fuel Funds $188,393,676 $188,393,676 $188,393,676 $188,393,676 $188,393,676 $188,393,676 $188,393,676 $188,393,676 THURSDAY, MARCH 20, 2008 2181 TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $153,104,852 $153,104,852 $642,602 $642,602 $642,602 $342,141,130 $153,104,852 $153,104,852 $642,602 $642,602 $642,602 $342,141,130 $153,104,852 $153,104,852 $642,602 $642,602 $642,602 $342,141,130 $153,104,852 $153,104,852 $642,602 $642,602 $642,602 $342,141,130 385.100 -State Highway System Maintenance Appropriation (HB 989) The purpose of this appropriation is to coordinate all statewide maintenance activities. TOTAL STATE FUNDS $188,393,676 $188,393,676 $188,393,676 State Motor Fuel Funds $188,393,676 $188,393,676 $188,393,676 TOTAL FEDERAL FUNDS $153,104,852 $153,104,852 $153,104,852 Federal Highway Admin.-Planning & Construction CFDA20.205$153,104,852 $153,104,852 $153,104,852 TOTAL AGENCY FUNDS $642,602 $642,602 $642,602 Sales and Services $642,602 $642,602 $642,602 Sales and Services Not Itemized $642,602 $642,602 $642,602 TOTAL PUBLIC FUNDS $342,141,130 $342,141,130 $342,141,130 $188,393,676 $188,393,676 $153,104,852 $153,104,852 $642,602 $642,602 $642,602 $342,141,130 State Highway System Operations Continuation Budget The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management. TOTAL STATE FUNDS State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $25,685,255 $25,685,255 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $65,382,037 $25,685,255 $25,685,255 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $65,382,037 $25,685,255 $25,685,255 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $65,382,037 $25,685,255 $25,685,255 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $65,382,037 386.100 -State Highway System Operations Appropriation (HB 989) The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management. 2182 JOURNAL OF THE SENATE TOTAL STATE FUNDS $25,685,255 State Motor Fuel Funds $25,685,255 TOTAL FEDERAL FUNDS $35,670,542 Federal Highway Admin.-Planning & Construction CFDA20.205 $35,670,542 TOTAL AGENCY FUNDS $4,026,240 Sales and Services $4,026,240 Sales and Services Not Itemized $4,026,240 TOTAL PUBLIC FUNDS $65,382,037 $25,685,255 $25,685,255 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $65,382,037 $25,685,255 $25,685,255 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $65,382,037 $25,685,255 $25,685,255 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $65,382,037 Transit Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,499,939 $7,499,939 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,505,939 $7,499,939 $7,499,939 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,505,939 $7,499,939 $7,499,939 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,505,939 $7,499,939 $7,499,939 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,505,939 387.100 -Transit Appropriation (HB 989) 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,499,939 $7,499,939 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,505,939 $7,499,939 $7,499,939 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,505,939 $7,499,939 $7,499,939 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,505,939 $7,499,939 $7,499,939 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,505,939 THURSDAY, MARCH 20, 2008 2183 Payments to the State Road and Tollway Authority Continuation Budget 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 $47,798,980 $47,798,980 $47,798,980 $47,798,980 State General Funds $0 $0 $0 $0 State Motor Fuel Funds $47,798,980 $47,798,980 $47,798,980 $47,798,980 TOTAL PUBLIC FUNDS $47,798,980 $47,798,980 $47,798,980 $47,798,980 388.1 Transfer funds from the State Highway System Construction and Improvement program for Grant Anticipation Revenue Vehicle (GARVEE) debt service payments for the Governor's Fast Forward program. State Motor Fuel Funds $3,402,002 $3,402,002 $3,402,002 $3,402,002 Federal Highway Admin.-Planning & Construction CFDA20.205 $13,608,008 $13,608,008 $13,608,008 $13,608,008 TOTAL PUBLIC FUNDS $17,010,010 $17,010,010 $17,010,010 $17,010,010 388.2 Increase funds to reflect an increase in the required debt service on issued GARVEE bonds for the Governor's Fast Forward program. State Motor Fuel Funds $9,853,833 $9,853,833 $9,853,833 $9,853,833 388.99 CC: The purpose of this appropriation is to provide funds through the State Road and Tollway Authority for bond trustees for debt service payments on non-general obligation bonds and other finance instruments. House: The purpose of this appropriation is to provide funds through the State Road and Tollway Authority for bond trustees for debt service payments on non-general obligation bonds and other finance instruments. State General Funds $0 $0 388.100 -Payments to the State Road and Tollway Authority Appropriation (HB 989) The purpose of this appropriation is to provide funds through the State Road and Tollway Authority for bond trustees for debt service payments on non-general obligation bonds and other finance instruments. TOTAL STATE FUNDS $61,054,815 State Motor Fuel Funds $61,054,815 TOTAL FEDERAL FUNDS $13,608,008 Federal Highway Admin.-Planning & Construction CFDA20.205 $13,608,008 TOTAL PUBLIC FUNDS $74,662,823 It is the intent of this General Assembly that the following provisions apply: $61,054,815 $61,054,815 $13,608,008 $13,608,008 $74,662,823 $61,054,815 $61,054,815 $13,608,008 $13,608,008 $74,662,823 $61,054,815 $61,054,815 $13,608,008 $13,608,008 $74,662,823 a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby 2184 JOURNAL OF THE SENATE 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 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. 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. Section 47: Veterans Service, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $25,286,306 $25,286,306 $11,919,879 $11,919,879 $37,206,185 $25,286,306 $25,286,306 $11,919,879 $11,919,879 $37,206,185 $25,286,306 $25,286,306 $11,919,879 $11,919,879 $37,206,185 $25,286,306 $25,286,306 $11,919,879 $11,919,879 $37,206,185 THURSDAY, MARCH 20, 2008 2185 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $26,210,306 $26,210,306 $26,210,306 $26,210,306 $11,919,879 $11,919,879 $11,919,879 $11,919,879 $38,130,185 $38,130,185 $26,210,306 $26,210,306 $11,919,879 $11,919,879 $38,130,185 $26,210,306 $26,210,306 $11,919,879 $11,919,879 $38,130,185 Departmental Administration Continuation Budget 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 $695,585 $695,585 State General Funds $695,585 $695,585 TOTAL PUBLIC FUNDS $695,585 $695,585 389.1 Increase funds for emergency replacement of a chiller/cooling tower in the Wheeler building. $695,585 $695,585 $695,585 $695,585 $695,585 $695,585 State General Funds $924,000 $924,000 $924,000 $924,000 389.100 -Departmental Administration Appropriation (HB 989) 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 State General Funds TOTAL PUBLIC FUNDS $1,619,585 $1,619,585 $1,619,585 $1,619,585 $1,619,585 $1,619,585 $1,619,585 $1,619,585 $1,619,585 $1,619,585 $1,619,585 $1,619,585 Georgia Veterans Memorial Cemetery Continuation Budget 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 $566,022 $566,022 $566,022 $566,022 State General Funds $566,022 $566,022 $566,022 $566,022 TOTAL FEDERAL FUNDS $44,054 $44,054 $44,054 $44,054 Federal Funds Not Itemized $44,054 $44,054 $44,054 $44,054 TOTAL PUBLIC FUNDS $610,076 $610,076 $610,076 $610,076 390.100 -Georgia Veterans Memorial Cemetery Appropriation (HB 989) The purpose of this appropriation is to provide for the internment of eligible Georgia Veterans who served faithfully and honorably in 2186 JOURNAL OF THE SENATE the military service of our country. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $566,022 $566,022 $44,054 $44,054 $610,076 $566,022 $566,022 $44,054 $44,054 $610,076 $566,022 $566,022 $44,054 $44,054 $610,076 $566,022 $566,022 $44,054 $44,054 $610,076 Georgia War Veterans Nursing Home - Augusta Continuation Budget 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 $5,960,242 $5,960,242 $5,960,242 $5,960,242 State General Funds $5,960,242 $5,960,242 $5,960,242 $5,960,242 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 $9,064,992 $9,064,992 $9,064,992 $9,064,992 391.100 -Georgia War Veterans Nursing Home - Augusta Appropriation (HB 989) 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 $5,960,242 $5,960,242 $5,960,242 $5,960,242 State General Funds $5,960,242 $5,960,242 $5,960,242 $5,960,242 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 $9,064,992 $9,064,992 $9,064,992 $9,064,992 Georgia War Veterans Nursing Home - Milledgeville Continuation Budget The purpose of this appropriation is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $12,009,788 $12,009,788 $12,009,788 $12,009,788 State General Funds $12,009,788 $12,009,788 $12,009,788 $12,009,788 TOTAL FEDERAL FUNDS $8,167,635 $8,167,635 $8,167,635 $8,167,635 Federal Funds Not Itemized $8,167,635 $8,167,635 $8,167,635 $8,167,635 TOTAL PUBLIC FUNDS $20,177,423 $20,177,423 $20,177,423 $20,177,423 392.100 -Georgia War Veterans Nursing Home - Milledgeville Appropriation (HB 989) The purpose of this appropriation is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans. THURSDAY, MARCH 20, 2008 2187 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $12,009,788 $12,009,788 $8,167,635 $8,167,635 $20,177,423 $12,009,788 $12,009,788 $8,167,635 $8,167,635 $20,177,423 $12,009,788 $12,009,788 $8,167,635 $8,167,635 $20,177,423 $12,009,788 $12,009,788 $8,167,635 $8,167,635 $20,177,423 Veterans Benefits Continuation Budget 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 $6,054,669 $6,054,669 $6,054,669 $6,054,669 State General Funds $6,054,669 $6,054,669 $6,054,669 $6,054,669 TOTAL FEDERAL FUNDS $603,440 $603,440 $603,440 $603,440 Federal Funds Not Itemized $603,440 $603,440 $603,440 $603,440 TOTAL PUBLIC FUNDS $6,658,109 $6,658,109 $6,658,109 $6,658,109 393.100 -Veterans Benefits Appropriation (HB 989) 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 $6,054,669 $6,054,669 $6,054,669 $6,054,669 State General Funds $6,054,669 $6,054,669 $6,054,669 $6,054,669 TOTAL FEDERAL FUNDS $603,440 $603,440 $603,440 $603,440 Federal Funds Not Itemized $603,440 $603,440 $603,440 $603,440 TOTAL PUBLIC FUNDS $6,658,109 $6,658,109 $6,658,109 $6,658,109 Section 48: Workers' Compensation, State Board of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 TOTAL STATE FUNDS Section Total - Final $17,268,050 $17,268,050 $17,268,050 $17,268,050 2188 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 Administer the Workers' Compensation Laws Continuation Budget The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $10,801,978 $10,801,978 $10,801,978 $10,801,978 State General Funds $10,801,978 $10,801,978 $10,801,978 $10,801,978 TOTAL PUBLIC FUNDS $10,801,978 $10,801,978 $10,801,978 $10,801,978 394.100 -Administer the Workers' Compensation Laws Appropriation (HB 989) The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $10,801,978 $10,801,978 $10,801,978 $10,801,978 State General Funds $10,801,978 $10,801,978 $10,801,978 $10,801,978 TOTAL PUBLIC FUNDS $10,801,978 $10,801,978 $10,801,978 $10,801,978 Board Administration Continuation Budget 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 $6,466,072 $6,466,072 $6,466,072 $6,466,072 State General Funds $6,466,072 $6,466,072 $6,466,072 $6,466,072 TOTAL PUBLIC FUNDS $6,466,072 $6,466,072 $6,466,072 $6,466,072 395.100 -Board Administration Appropriation (HB 989) 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 $6,466,072 $6,466,072 $6,466,072 $6,466,072 State General Funds $6,466,072 $6,466,072 $6,466,072 $6,466,072 TOTAL PUBLIC FUNDS $6,466,072 $6,466,072 $6,466,072 $6,466,072 Section 49: State of Georgia General Obligation Debt Sinking Fund Section Total - Continuation TOTAL STATE FUNDS State General Funds $934,608,991 $934,608,991 $934,608,991 $765,596,669 $765,596,669 $765,596,669 $934,608,991 $765,596,669 THURSDAY, MARCH 20, 2008 2189 State Motor Fuel Funds TOTAL AGENCY FUNDS Reserved Fund Balances TOTAL PUBLIC FUNDS $169,012,322 $105,033,144 $105,033,144 $1,039,642,135 $169,012,322 $105,033,144 $105,033,144 $1,039,642,135 $169,012,322 $105,033,144 $105,033,144 $1,039,642,135 $169,012,322 $105,033,144 $105,033,144 $1,039,642,135 TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs State Motor Fuel Funds TOTAL PUBLIC FUNDS Section Total - Final $944,153,228 $947,390,728 $1,022,879,758 $765,596,669 $768,834,169 $844,323,199 $178,556,559 $178,556,559 $178,556,559 $944,153,228 $947,390,728 $1,022,879,758 $969,780,103 $773,269,048 $17,954,496 $178,556,559 $969,780,103 General Obligation Debt Sinking Fund - Issued Continuation Budget TOTAL STATE FUNDS $835,141,296 $835,141,296 $835,141,296 $835,141,296 State General Funds $672,109,074 $672,109,074 $672,109,074 $672,109,074 State Motor Fuel Funds $163,032,222 $163,032,222 $163,032,222 $163,032,222 TOTAL AGENCY FUNDS $105,033,144 $105,033,144 $105,033,144 $105,033,144 Reserved Fund Balances $105,033,144 $105,033,144 $105,033,144 $105,033,144 General Obligation Debt Reserve-State General Funds $67,648,144 $67,648,144 $67,648,144 $67,648,144 General Obligation Debt Reserve-State Motor Fuel Funds $37,385,000 $37,385,000 $37,385,000 $37,385,000 TOTAL PUBLIC FUNDS $940,174,440 $940,174,440 $940,174,440 $940,174,440 396.1 Eliminate funds budgeted to recognize reserves for authorized but not issued debt for projects funded with State General Funds and Motor Fuel Funds. General Obligation Debt Reserve-State General Funds General Obligation Debt Reserve-State Motor Fuel Funds TOTAL PUBLIC FUNDS ($67,648,144) ($67,648,144) ($67,648,144) ($67,648,144) ($37,385,000) ($37,385,000) ($37,385,000) ($37,385,000) ($105,033,144) ($105,033,144) ($105,033,144) ($105,033,144) 396.2 Increase funds to cover debt service on issued bonds for the Department of Transportation. State Motor Fuel Funds $9,544,237 396.3 Reduce funds to reflect excess debt service on issued bonds in FY08. $9,544,237 $9,544,237 $9,544,237 State General Funds ($83,107,781) ($83,107,781) ($83,107,781) 396.4 Reduce funds to reflect defeasance of previously issued bonds for the Olympic dorm project. State General Funds ($7,831,878) ($7,831,878) ($7,831,878) 2190 JOURNAL OF THE SENATE 396.5 Reduce funds to reflect savings from bonds purchased by the Georgia State Financing and Investment Commission. State General Funds ($1,508,612) ($1,508,612) ($1,508,612) 396.6 Increase funds to maintain excess debt service for issued bonds to offset requirements for FY09. (S:Increase funds for debt service for issued bonds and make funds available in FY09 for reducing the Quality Basic Education austerity reduction ($71,526,530) and for other purposes ($7,200,000))(CC:Increase funds for debt service for issued bonds) State General Funds 396.100 -General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $92,448,271 $171,174,801 Appropriation (HB 989) $844,685,533 $844,685,533 $923,412,063 $672,109,074 $672,109,074 $750,835,604 $172,576,459 $172,576,459 $172,576,459 $844,685,533 $844,685,533 $923,412,063 $100,120,650 $852,357,912 $679,781,453 $172,576,459 $852,357,912 General Obligation Debt Sinking Fund - New Continuation Budget TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Education $99,467,695 $93,487,595 $5,980,100 $99,467,695 $99,467,695 $93,487,595 $5,980,100 $99,467,695 397.1 K - 12 Schools: $0 in principal for 10 years at 5%: Purchase school buses. State General Funds Total Debt Service $3,237,500 10 year at 5% State General Funds $3,237,500 20 year at 5.75% Revenue Shortfall Reserve for K-12 Needs Total Debt Service State General Funds Revenue Shortfall Reserve for K-12 Needs Total Principal Amount $3,237,500 10 year at 5% State General Funds $25,000,000 $99,467,695 $93,487,595 $5,980,100 $99,467,695 $0 $99,467,695 $93,487,595 $5,980,100 $99,467,695 $0 $17,954,496 $17,954,496 THURSDAY, MARCH 20, 2008 2191 20 year at 5.75% Revenue Shortfall Reserve for K-12 Needs Total Principal State General Funds Revenue Shortfall Reserve for K-12 Needs 397.100 -General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs State Motor Fuel Funds TOTAL PUBLIC FUNDS Education $210,240,000 $25,000,000 Appropriation (HB 989) $99,467,695 $102,705,195 $99,467,695 $93,487,595 $96,725,095 $93,487,595 $5,980,100 $5,980,100 $99,467,695 $102,705,195 $5,980,100 $99,467,695 $210,240,000 $99,467,695 $93,487,595 $0 $5,980,100 $99,467,695 Education, Department of 397.300 BOND: K - 12 Schools: $112,400,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Regular for local school construction. From Revenue Shortfall Reserve for K-12 Needs, $9,598,960 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 $112,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. Revenue Shortfall Reserve for K-12 Needs Education, Department of $9,598,960 397.301 BOND: K - 12 Schools: $97,840,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Exceptional Growth for local school construction. From Revenue Shortfall Reserve for K-12 Needs, $8,355,536 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 $97,840,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. Revenue Shortfall Reserve for K-12 Needs $8,355,536 The following paragraphs authorizing the issuance of general obligation debt first appeared in the original appropriations act House Bill 95, Act No. 377, Ga. Laws 2007, Volume One, Book Two Appendix, Section 49. For some of these paragraphs, the authority they provide to issue debt has either been fully utilized or partially utilized. For those fully utilized, their repetition here is only to prevent an incorrect implication of their repeal by omission and does not indicate new authority. For those 2192 JOURNAL OF THE SENATE partially utilized there is no intent to renew the full authority but only to reflect the continuing power to utilize the remaining authority. Bond Financing Appropriated: Headquarters and Training Academy: $10,000,000 in principal for 20 years at 5.75%: Relocate the Headquarters and Training Academy. From State General Funds, $854,300 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, $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.101 GDC multi-projects: $24,380,000 in principal for 20 years at 5.75%: Fund bed space expansion by 1024 beds. From State General Funds, $2,082,783 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, $24,380,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.102 Dobbins Headquarters: $3,070,000 in principal for 20 years at 5.75%: Increase State funds to match Federal funding to design, construct and equip the new Joint Headquarters at Dobbins. From State General Funds, $262,270 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, $3,070,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.103 Northwest Regional Crime Laboratory: $2,650,000 in principal for 20 years at 5.75%: Design, construct, and equip a new Summerville Medical Examiners Office and Morgue. From State General Funds, $226,390 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, THURSDAY, MARCH 20, 2008 2193 necessary or useful in connection therewith, $2,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.104 DJJ Multi-Projects: $3,500,000 in principal for 5 years at 4.5%: Provide funds for Facility Repairs statewide. From State General Funds, $798,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.105 DJJ Multi-Projects: $5,000,000 in principal for 5 years at 4.5%: Provide funds for Minor Construction/Renovations statewide. From State General Funds, $1,140,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.106 Atlanta Area Youth Development Campus: $6,795,000 in principal for 20 years at 5.75%: Provide funds for conversion of a Department of Corrections facility for the Atlanta Area Youth Detention Center (YDC). From State General Funds, $580,497 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, $6,795,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.107 Local Government Infrastructure: $20,000,000 in principal for 20 years at 5.75%: Provide funds for the State Funded Water and Sewer Construction Loan Program. From State General Funds, $1,708,600 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. BOND #397.201 Local Government Infrastructure: $3,120,000 in principal for 20 years at 5.75%: Provide funds for the Clean Water State 2194 JOURNAL OF THE SENATE Revolving Loan Fund (SRF) Match Water and Sewer Construction Loan Program. From State General Funds, $266,542 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 $3,120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.202 Local Government Infrastructure: $4,880,000 in principal for 20 years at 5.75%: Provide funds for the Drinking Water SRF Match Water and Sewer Construction Loan Program. From State General Funds, $416,898 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 $4,880,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.203 Savannah Harbor: $6,575,000 in principal for 20 years at 5.75%: Provide funds for the Savannah Harbor Dike Disposal Area. From State General Funds, $561,702 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, $6,575,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.204 Fast Forward: $70,000,000 in principal for 20 years at 5.75%: Provide funds for the Fast Forward program statewide. From State Motor Fuel Funds, $5,980,100 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, $70,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.205 Ports Authority: $710,000 in principal for 5 years at 4.5%: Repair roofs at Brunswick Port Warehouse No.6 ($210,000) and purchase a conveyor ($500,000). From State General Funds, $161,880 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, $710,000 in principal amount of General Obligation Debt, the instruments of which shall have THURSDAY, MARCH 20, 2008 2195 maturities not in excess of 60 months. BOND #397.210 Herty Advanced Materials Development Center: $2,000,000 in principal for 5 years at 4.5%: Repair and upgrade facilities and equipment. From State General Funds, $456,000 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, $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.211 K - 12 Schools: $178,310,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Regular, for local school construction. From State General Funds, $15,233,023 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 $178,310,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.301 K - 12 Schools: $143,505,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program- Exceptional Growth, for local school construction. From State General Funds, $12,259,632 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 $143,505,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.302 K - 12 Schools: $122,100,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Regular Advance, for local school construction. From State General Funds, $10,431,003 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 $122,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.303 K - 12 Schools: $10,250,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Low Wealth, for local school construction. 2196 JOURNAL OF THE SENATE From State General Funds, $875,657 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 $10,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.304 GBA multi-projects: $4,930,000 in principal for 20 years at 5.75%: Provide funds for Capitol Hill Buildings Facade Restorations. From State General Funds, $421,170 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $4,930,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.402 State Capitol: $2,000,000 in principal for 20 years at 5.75%: Provide funds for the Capitol Building Interior Renovations. From State General Funds, $170,860 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, $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.403 Tax System: $7,000,000 in principal for 5 years at 4.5%: Continue implementation of Integrated Tax System. From State General Funds, $1,596,000 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, $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.404 Tax System: $4,000,000 in principal for 5 years at 4.5%: Develop and implement an Enterprise Data Warehouse. From State General Funds, $912,000 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, $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.405 THURSDAY, MARCH 20, 2008 2197 GBA multi-projects: $3,000,000 in principal for 20 years at 5.75%: Repairs and renovations for the Governor's Mansion. From State General Funds, $256,290 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, $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.406 Regents: $42,500,000 in principal for 20 years at 5.75%: Fund major repairs and rehabilitation. From State General Funds, $3,630,775 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, $42,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.501 Georgia College and State University: $1,000,000 in principal for 5 years at 4.5%: Purchase equipment for Parks Nursing Center, Georgia College and State University, Milledgeville, Baldwin County. From State General Funds, $228,000 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, $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.502 State University of West Georgia: $3,000,000 in principal for 5 years at 4.5%: Purchase equipment for Health, Wellness, Lifelong Learning Center. From State General Funds, $684,000 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, $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.503 North Georgia College and State University: $2,000,000 in principal for 5 years at 4.5%: Purchase equipment for the Library and Technology Center. From State General Funds, $456,000 is specifically appropriated for the purpose of financing projects and facilities for the 2198 JOURNAL OF THE SENATE 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, $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.504 Savannah State College: $12,700,000 in principal for 20 years at 5.75%: Construct an Academic Classroom Building. From State General Funds, $1,084,961 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, $12,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.505 Macon State College: $22,200,000 in principal for 20 years at 5.75%: Design and construct the Professional Sciences Center. From State General Funds, $1,896,546 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, $22,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.506 Fort Valley State University: $16,800,000 in principal for 20 years at 5.75%: Design and construct the Academic Classroom Building. From State General Funds, $1,435,224 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, $16,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.507 University of Georgia: $37,205,000 in principal for 20 years at 5.75%: Design and construct the College of Pharmacy. From State General Funds, $3,178,423 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, $37,205,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.508 THURSDAY, MARCH 20, 2008 2199 Kennesaw State University: $42,500,000 in principal for 20 years at 5.75%: Design and construct the Health Sciences Building. From State General Funds, $3,630,775 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, $42,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.509 Georgia Gwinnett College: $28,300,000 in principal for 20 years at 5.75%: Design and construct a Library, Georgia Gwinnett College. From State General Funds, $2,417,669 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, $28,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.510 Traditional Industries and Research Alliance - Regents: $19,000,000 in principal for 5 years at 4.5%: Fund major research and development equipment for Georgia Research Alliance at the University of Georgia, Georgia Technology University, Medical College of Georgia, Georgia State University, Emory University, and Clark Atlanta. From State General Funds, $4,332,000 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, $19,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.511 Traditional Industries and Research Alliance - Regents: $900,000 in principal for 5 years at 4.5%: Purchase equipment for ongoing Traditional Industries Program (TIP). 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, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.512 Macon State College: $5,000,000 in principal for 20 years at 5.75%: Design and construct the Warner Robins Academic 2200 JOURNAL OF THE SENATE Building I. 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, $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.513 Southern Polytechnic State University: $2,000,000 in principal for 20 years at 5.75%: Renovate Building I. From State General Funds, $170,860 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, $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.517 Georgia State University: $4,800,000 in principal for 20 years at 5.75%: Replace the exhaust stack system on the Natural Science Center. 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, $4,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.519 Regents: $2,650,000 in principal for 20 years at 5.75%: Construct the Sutton Dining Hall at Rock Eagle. From State General Funds, $226,389 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, $2,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.521 Columbus Technical College: $16,285,000 in principal for 20 years at 5.75%: Design and construct Health Science Building. From State General Funds, $1,391,228 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 THURSDAY, MARCH 20, 2008 2201 personal, necessary or useful in connection therewith, $16,285,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.550 Athens Area Technical College: $17,815,000 in principal for 20 years at 5.75%: Design and construct Health Science Building. From State General Funds, $1,521,935 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, $17,815,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.551 Flint River Technical College: $1,260,000 in principal for 5 years at 4.5%: Purchase equipment for new Industrial Training Building. From State General Funds, $287,280 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, $1,260,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.552 Chattahoochee Technical College: $2,075,000 in principal for 5 years at 4.5%: Purchase equipment for the new classroom building, Paulding County Campus. From State General Funds, $473,100 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, $2,075,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.553 Savannah Technical College: $2,445,000 in principal for 5 years at 4.5%: Purchase equipment for the new technology building. From State General Funds, $557,460 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, $2,445,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.554 2202 JOURNAL OF THE SENATE Atlanta Technical College: $2,795,000 in principal for 5 years at 4.5%: Purchase equipment for the new Allied Health Building. From State General Funds, $637,260 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, $2,795,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.555 Okefenokee Technical College: $1,815,000 in principal for 5 years at 4.5%: Purchase equipment for the new Allied Health Building. From State General Funds, $413,820 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $1,815,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.556 North Metro Technical College: $2,450,000 in principal for 5 years at 4.5%: Purchase equipment for the Allied Health and Technology Building. From State General Funds, $558,600 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, $2,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.557 South Georgia Technical College: $2,030,000 in principal for 5 years at 4.5%: Purchase equipment for underway construction projects. From State General Funds, $462,840 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, $2,030,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.558 DeKalb Technical College: $3,900,000 in principal for 5 years at 4.5%: Purchase equipment for underway construction THURSDAY, MARCH 20, 2008 2203 projects. From State General Funds, $889,200 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, $3,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.559 Griffin Technical College: $610,000 in principal for 5 years at 4.5%: Purchase equipment for underway construction projects. From State General Funds, $139,080 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, $610,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.560 Technical College Multi-Projects: $7,000,000 in principal for 5 years at 4.5%: Replace obsolete equipment at multiple technical colleges. From State General Funds, $1,596,000 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, $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.561 Middle Georgia Technical College: $560,000 in principal for 5 years at 4.5%: Purchase equipment for the Child Development Center. From State General Funds, $127,680 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, $560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.562 Appalachian Technical College: $7,000,000 in principal for 20 years at 5.75%: Design and construct Cherokee County Campus. From State General Funds, $598,011 is specifically appropriated for the purpose of financing projects and facilities for the 2204 JOURNAL OF THE SENATE 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, $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.565 Technical College Multi-Projects: $15,000,000 in principal for 20 years at 5.75%: Fund Career Academies. From State General Funds, $1,281,450 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, $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.566 Coosa Valley Technical College: $11,900,000 in principal for 20 years at 5.75%: Complete Building Phase Three on the Gordon Campus. From State General Funds, $1,016,617 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, $11,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.572 North Paulding Public Library: $1,545,000 in principal for 20 years at 5.75%: Design and construct as a part of the West Georgia Regional Library. From State General Funds, $131,989 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 North Paulding Public Library, for that library, through the issuance of not more than $1,545,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.580 Jasper County Public Library: $1,035,000 in principal for 20 years at 5.75%: Construct as a part of the Uncle Remus Regional Library. From State General Funds, $88,420 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 Jasper County 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 240 months. BOND #397.581 THURSDAY, MARCH 20, 2008 2205 Porter Memorial Public Library: $2,000,000 in principal for 20 years at 5.75%: Construct as a part of the Newton 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 Porter Memorial 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. BOND #397.582 DHR multi-projects: $4,400,000 in principal for 20 years at 5.75%: Fund the facility roofing program, statewide. From State General Funds, $375,892 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, $4,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.601 DHR multi-projects: $3,500,000 in principal for 20 years at 5.75%: Fund renovations for the Emergency Operations Center / server room emergency power and stand alone HVAC. From State General Funds, $299,005 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, $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.602 Southwestern State Hospital - Thomasville: $1,855,000 in principal for 20 years at 5.75%: Replace chillers and associated pumps. From State General Funds, $158,473 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, $1,855,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.603 Central State Hospital: $1,745,000 in principal for 20 years at 5.75%: Fund steam plant upgrades. From State General Funds, $149,075 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 2206 JOURNAL OF THE SENATE improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $1,745,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.604 Georgia War Veterans Nursing Home, Augusta: $1,575,000 in principal for 5 years at 4.5%: Add State funds to match Federal funds for life safety and building upgrades. From State General Funds, $359,100 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, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $1,575,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.605 Georgia War Veterans Nursing Home, Milledgeville: $1,050,000 in principal for 20 years at 5.75%: Add State funds to match Federal funds for Wheeler Building, Alzheimer's unit addition and building. From State General Funds, $89,702 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, $1,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.606 Roosevelt Warm Springs Institute for Rehabilitation: $9,935,000 in principal for 20 years at 5.75%: Add State funds to match Federal funds to acquire property, design, construct, and equip New Residence Hall, Evaluation and Training Buildings (VRU). From State General Funds, $848,747 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, $9,935,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.607 Georgia National Fairgrounds and Agricenter: $9,565,000 in principal for 20 years at 5.75%: Design, construct, and equip Livestock and Equine Facilities Expansion. From State General Funds, $817,138 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 THURSDAY, MARCH 20, 2008 2207 improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $9,565,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.701 Forestry Equipment: $2,500,000 in principal for 5 years at 4.5%: Purchase capital equipment, statewide. (H:$2,000,000) From State General Funds, $570,000 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, $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.702 Public Fishing Area: $14,000,000 in principal for 20 years at 5.75%: Construct an Education and Visitor Center and a Hatchery for Go Fish Georgia. From State General Funds, $1,196,020 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, $14,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND #397.704 Forestry Equipment: $860,000 in principal for 5 years at 4.5%: Increase funds to address ongoing facilities maintenance needs. From State General Funds, $196,080 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, $860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND #397.706 Section 50: 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. 2208 JOURNAL OF THE SENATE Section 51: 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 52: Salary Adjustments The appropriations to budget units made above include funds for, and have the added purpose of, the following salary increases and adjustments, administered in conformity with the applicable compensation and performance management plans as provided by law: 1.) A general salary increase of three percent for employees of the Executive, Judicial, and Legislative Branches. The amount for this Item is calculated according to an effective date of January 1, 2008. 2.) In lieu of other numbered items, (a) to provide 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 determined by the Office of Planning and Budget according to O.C.G.A. 45-7-4(b), 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 increases of up to three percent 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, 2008. 3.) In addition to other numbered Items, for budget units with employees of the Executive Branch, an amount equal to 0.5% of total personal services, calculated as of the end of calendar year 2006 for an effective date of January 1, 2008, for market adjustments, performance incentives and equity adjustments. 4.) Before items 1 and 3 above, but not in lieu of them, funds to adjust salaries of certain employees in the job titles and departments shown in the "Summary of Identified Job Classifications" on page 38 of The Governor's Budget Report FY 2008. THURSDAY, MARCH 20, 2008 2209 The employees are those within the listed job titles and agencies with salaries below 75% of the salary determined by the Commissioner of Personnel Administration in December of 2006 to be the market midpoint rate for their job titles. The purpose is to adjust salaries of incumbents to 75% of such market midpoint rate, calculated for an effective date of January 1, 2008. 5.) In lieu of other numbered items, (a) to provide for a 3% increase across the State Salary Schedule of the State Board of Education through a 3% increase in the state base salary. This proposed 3% 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, 2007; (b) To provide for a 3% increase in funding for salaries for lunchroom workers and for a 3% 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, 2007. 6.) In lieu of other numbered items, to provide a 3% 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 September 1, 2007. 7.) In lieu of other numbered items, to provide a 3% 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, 2008. 8.) In lieu of other numbered items, to provide a 3% salary increase for public librarians administered by the Board of Regents. The amount for this Item is calculated according to an effective date of January 1, 2008. 9.) In lieu of other numbered items, to provide for a 3% salary increase for teachers and support personnel within the Department of Technical and Adult Education. The amount for this Item is calculated according to an effective date of January 1, 2008. Section 53: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of the General Appropriations Act for state fiscal year 2004-2005 (Section 63 of Ga. L. 2004, pp. 994, 2210 JOURNAL OF THE SENATE 1046, 1050), as carried forward in Section 63 of House Bill 84 (Ga. L. 2005, pp. 1262, 1307, 1311), in Section 48 of House Bill 85 (Ga. L. 2005, pp. 1319, 1415, 1426) and in Section 50 of House Bill 1026 (Ga. L. 2006, Book One, Volume Two Appendix, commencing as p. 1 of 226) is hereby repealed in its entirety: From the appropriation designated "State General Funds (New)," $4,520,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. 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 (Ga. L. 2005, pp. 1262, 1307, 1314) and amended in Section 51 of House Bill 1026 (Ga. L. 2006, Book One, Volume Two Appendix, commencing as p. 1 of 226) to read as follow: 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. 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 $14,220,000 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 (Ga. L. 2005, pp. 1262, 1307, 1315) and amended in Section 51 of House Bill 1026 (Ga. L. 2006, Book One, Volume Two Appendix, commencing as p. 1 of 226) to read as follow: THURSDAY, MARCH 20, 2008 2211 From the appropriation designated "State General Funds (New)," $24,099 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $277,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months has been implemented by issuance of $275,000 in principal amount of General Obligation Debt. The remaining authority to issue up to $2,000 in principal amount is hereby repealed. The following paragraph of the General Appropriations Act for state fiscal year 2005-2006 (Section 48 of Ga. L. 2005, p. 1319, 1425), as carried forward in Section 50 of House Bill 1026 (Ga. L. 2006, Book One, Volume Two Appendix, commencing as p. 1 of 226) and which reads as follows: 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. is amended to read as follows: From the appropriation designated "State General Funds (New)", $570,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. The following paragraph of the General Appropriations Act for state fiscal year 2005-2006 (Section 48 of Ga. L. 2005, pp. 1319, 1426) is hereby repealed in its entirety: 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 2212 JOURNAL OF THE SENATE $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Section 54: 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 the fund source categories, "Total State Funds" and "Total Federal Funds," under a caption beginning with a program or special project number that has a 100 or a higher number after the decimal and a program or special project name. In each case, such appropriation is associated with the immediately preceding program or special project name, number and statement of program or special project purpose. The program or special project purpose is stated immediately below the program or special project name. For local assistance grants in Section 15 and for authorizations for general obligation debt in Section 49, the authorizing paragraphs at the end of each Section are the lowest level of detail and constitute appropriations in accordance with O.C.G.A. 50-8-8(a) and Article VII, Section IV, Paragraph III(a)(1) of the Georgia Constitution, respectively. Text in a group of lines that has a number less than 100 after the decimal (01 through 99) is not part of a statement of purpose and is for informational purposes only. Amounts in the columns other than the right-most column are for informational purposes only. The summary and lowest level of detail for the fund source categories "Total Agency Funds" and "Total IntraState Governmental Transfers," 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, and 54 contain, constitute, or amend appropriations. When an agency receives appropriations from the category, "Total Federal Funds," for more than one program or special project, the appropriation is the amount stated, and each program or special project shall also be authorized an additional fifty percent (50%) of the stated amount. However, if the additional authority is used, one or more of the other federal fund appropriations to that agency are reduced in the same total amount, such that the cumulative total in affected appropriations initially stated within the section is not exceeded. Section 55: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 56: Repeal Conflicting Laws All laws and parts of laws in conflict with this act are repealed. 2213 JOURNAL OF THE SENATE Senator Hill of the 4th moved that the Senate adopt the Conference Committee Report on HB 989. On the motion, a roll call was taken, and the vote was as follows: E Adelman Y Balfour Brown Y Bulloch Y Butler Y Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks E Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 989. The following communications were received by the Secretary: Senator Bill Hamrick District 30 121-H State Capitol Atlanta, GA 30334 Committees: Banking and Financial Institutions Rules Judiciary Appropriations Ethics Mr. Secretary, The State Senate Atlanta, Georgia 30334 3/20/08 Please record a yes vote for me on the Conference Committee Report to HB 989. 2214 JOURNAL OF THE SENATE /s/ Bill Hamrick District 30 Senator Curt Thompson District 5 323-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Economic Development Higher Education State Institutions and Property Veterans, Military and Homeland Security Special Judiciary Urban Affairs The State Senate Atlanta, Georgia 30334 3/20/08 Please record me as having voted "Yes" on the HB 989 Conference Committee Report. /s/ Curt Thompson Senator Hill of the 4th moved that HB 989 be ordered immediately transmitted to the Governor. On the motion, a roll call was taken, and the vote was as follows: E Adelman Y Balfour Brown Y Bulloch Y Butler N Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams THURSDAY, MARCH 20, 2008 2215 On the motion, the yeas were 49, nays 1 the motion prevailed and the Senate ordered HB 989 immediately transmitted to the Governor. The following communication was sent to the Governor: Robert F. Ewing Secretary of the Senate Office of Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 March 20, 2008 (404) 656-5040 Fax (404) 656-5043 The Honorable Sonny Perdue Governor of the State of Georgia Room 201, State Capitol Atlanta, Georgia 30334 Dear Governor Perdue, The Senate has adopted the report of the Committee of Conference on the following Bill of the House: HB 989. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th, and Golick of the 34th A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the "General Appropriations Act," approved May 30, 2007. Pursuant to Article III, Section V, Paragraph XIII (b) of the Constitution of the State of Georgia, by a vote of 49 yeas 1 nay, the Senate, on this day, ordered HB 989 be immediately transmitted to the Governor. Sincerely, /s/ Robert F. Ewing Secretary of the Georgia State Senate The Calendar was resumed. 2216 JOURNAL OF THE SENATE HB 1245. By Representatives Ralston of the 7th, Knox of the 24th, Levitas of the 82nd and Martin of the 47th: A BILL to be entitled an Act to amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to revise matters relative to funding, budgeting, and the organization of providing indigent defense; to change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide that the Georgia Superior Court Clerks Cooperative Authority be responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defender Standards Council; to provide for related matters; to provide for effective dates 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 1245: A BILL TO BE ENTITLED AN ACT To amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to revise matters relative to funding, budgeting, and the organization of providing indigent defense; to change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide that the Georgia Superior Court Clerks Cooperative Authority be responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defender Standards Council; to change provisions relating to the priorities of distribution of fines, forfeitures, surcharges, additional fees, and costs of partial payments into court; to remove provisions directing funding for indigent defense; to remove the additional penalty to be imposed in certain criminal, quasi-criminal, and traffic cases; to direct certain funds to be paid to governing authorities; to change certain provisions relating to the $50.00 application fee for indigent defense services; to change certain definitions; to change the composition of the the Georgia Public Defender Standards Council to include county commissioners; to provide for appointment, qualifications, and terms for new members; to require auditing and THURSDAY, MARCH 20, 2008 2217 accounting of revenues received by the council; to expand the directors responsibilities; to remove the ratification process for standards adopted by the council; to enhance the councils annual reporting of certain matters; to change provisions relating to the General Oversight Committee of the Georgia Public Defender Standards Council; to repeal provisions relating to the council assuming the responsibilities of the former Georgia Indigent Defense Council; to provide for the mental health advocacy division and its duties and responsibilities; to repeal provisions relating to the transition period; to provide for the Georgia capital defender division and its duties and responsibilities; to provide for conflict counsel in death penalty cases and costs associated therewith; to change matters relating to the appointment of counsel in death penalty cases; to change matters relating to payment of attorneys fees and expenses in capital cases in which the death penalty is sought; to change the name and composition of the circuit public defender selection panels; to provide for a chairperson and secretary for the panel and responsibilities; to provide for the removal of circuit public defenders not for cause; to change provisions regarding legal representation in cases where a circuit public defender office has a conflict of interest; to change provisions relating to the 72 hour rule; to change provisions relating to cost-of-living adjustments for and employment of circuit public defenders; to clarify that circuit public defenders may hire additional personnel only if authorized by local law or if approved by the county governing authority; to change provisions relating to certain prohibitions for assistant public defenders; to change provisions relating to the budget of the council; to correct cross-references; to provide for funding for alternative delivery systems; to remove legislative intent with regard to attorneys fees collected being used to fund indigent defense; to repeal provisions relating to the office of mental health advocacy; to provide for verification of income by a governing authority; to repeal provisions relating to the Office of the Georgia Capital Defender; to provide for related matters; to provide for effective dates 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 by adding a new subsection to Code Section 15-1-9.1, relating to requesting judicial assistance from other courts, to read as follows: "(n) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any criminal case involving a capital offense for which the death penalty may be imposed once the state has filed a notice of its intention to seek the death penalty." SECTION 2. Said title is further amended by adding a new subsection to Code Section 15-1-9.2, relating to senior judge status and requesting assistance of senior judges, to read as follows: "(e) Notwithstanding the provisions of this Code section, a senior judge shall not be 2218 JOURNAL OF THE SENATE assigned, designated, or preside in any criminal case involving a capital offense for which the death penalty may be imposed once the state has filed a notice of its intention to seek the death penalty." SECTION 3. Said title is further amended by adding a new subsection to Code Section 15-1-9.3, relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge, to read as follows: "(g) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any criminal case involving a capital offense for which the death penalty may be imposed once the state has filed a notice of its intention to seek the death penalty." SECTION 4. Said title is further amended by revising Code Section 15-6-76.1, relating to the election by clerks as to investing or depositing funds and the manner of depositing funds paid into the court registry, as follows: "15-6-76.1. (a) In counties where the clerk of the superior court exercised discretion to invest funds pursuant to Code Section 15-6-75 or to deposit funds in one or more interest-bearing accounts pursuant to Code Section 15-6-76, and such funds were invested or on deposit on January 1, 1993, the clerk may continue to invest such funds pursuant to Code Section 15-6-75 or deposit such funds pursuant to Code Section 15-6-76 until July 1, 1994. In such counties, clerks who do not elect to continue investing or depositing funds pursuant to such Code sections, or who cease depositing or investing such funds pursuant to such Code sections, shall be subject to the provisions of subsections (c) through (g) of this Code section. In such counties, clerks shall provide a written notice to the Georgia Public Defender Standards Council within 30 days following July 1, 1993, stating that funds were invested or on deposit pursuant to Code Section 15-6-75 or 15-6-76 on January 1, 1993, and stating whether they have elected to continue investing or depositing funds pursuant to Code Sections 15-6-75 and 15-6-76 or to comply with the provisions of subsections (c) through (g) of this Code section. In such counties, clerks may change their election by written notice to the Georgia Public Defender Standards Council. (b) In counties where no funds were invested or on deposit pursuant to Code Section 15-6-75 or 15-6-76 on January 1, 1993, clerks shall be subject to the provisions of subsections (c) through (g) of this Code section, effective July 1, 1993. (c) When funds are paid into the registry of the court, the clerk shall deposit such funds in one or more interest-bearing trust accounts in investments authorized by Code Section 36-80-3 or by Chapter 83 of Title 36. (d) When funds have been paid into the registry of the court pursuant to a court order directing that such funds be deposited in an interest-bearing trust account for the benefit of one or more of the parties, the interest received from such funds after service charges THURSDAY, MARCH 20, 2008 2219 or fees imposed by the bank or depository shall be paid to one or more of the parties as the order of the court directs. (e) When funds have been paid into the registry of the court and the order of the court relating to such funds does not state that such funds shall be placed in an interestbearing trust account for the benefit of one or more of the parties, the clerk shall deposit such funds in an interest-bearing trust account, and the financial institution in which such funds are deposited shall remit, after service charges or fees are deducted, the interest generated by said funds directly, at least quarterly and within 30 days of receipt, to the Georgia Superior Court Clerks Cooperative Authority by the last day of the month following the month in which such funds were received for distribution to the Georgia Public Defender Standards Council for distribution allotment to the circuit public defender offices. With each remittance, the financial institution shall send a statement showing the name of the court, the rate of interest applied, the average monthly balance in the account against which the interest rate is applied, the service charges or fees of the bank or other depository, and the net remittance. This subsection shall include, but not be limited to, cash supersedeas bonds for criminal appeal, other supersedeas bonds, and bonds or funds paid into the court registry in actions involving interpleader, condemnation, and requests for injunctive relief. The Georgia Public Defender Standards Council shall allocate all interest received from such funds deposited in interest-bearing trust accounts to the circuit public defender offices. (f) The Georgia Superior Court Clerks Cooperative Authority shall prescribe uniform procedures and forms for the reporting and remittance of all funds reported to or remitted by the Georgia Superior Court Clerks Cooperative Authority. (g) Any interest earned on funds subject to this Code section or Code Section 15-7-49, 15-9-18, or 15-10-240 while in the custody of the the Georgia Superior Court Clerks Cooperative Authority shall be remitted to the Georgia Public Defender Standards Council. (f)(h) In its discretion, the court may at any time amend its order to require that the funds be deposited into an interest-bearing account for the benefit of one or more of the parties to the action, and the clerk shall comply with such amended order. (g)(i) In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the clerk shall be exempt from subsections (a) through (f) (h) of this Code section. In such counties, the clerk shall send a written notice to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority." SECTION 5. Said title is further amended by revising Code Section 15-6-95, relating to the priorities of distribution of fines, forfeitures, surcharges, additional fees, and costs of partial payments into court, as follows: "15-6-95. Notwithstanding any law to the contrary, a clerk of any superior court of this state who receives partial payments, as ordered by the court, of criminal fines, forfeitures, or costs 2220 JOURNAL OF THE SENATE shall distribute said sums in the order of priority set forth below: (1) The amount provided for in Chapter 17 of Title 47 for the Peace Officers Annuity and Benefit Fund; (2) The amount provided for in Chapter 14 of Title 47 for the Superior Court Clerks Retirement Fund of Georgia; (3) The amount provided for in Chapter 16 of Title 47 for the Sheriffs Retirement Fund of Georgia; (4) The amounts provided under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-21-73; (5) The amounts provided for under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73; (6) The amount as may be provided in Chapter 15 of Title 36 for county law libraries; (7) The surcharge provided for in Chapter 21 of this title for jail construction and staffing; (8) The surcharge provided for in cases of driving under the influence for purposes of state crime victim compensation under Code Section 15-21-112; (9) The application fee provided for in subsection (c) of Code Section 15-21A-6; (10) The balance of the fine shall be paid to the county; and (10)(11) After the final partial or installment payment, the surcharge provided for in Code Sections 15-21-100 and 15-21-101 for the Drug Abuse Treatment and Education Fund." SECTION 6. Said title is further amended by revising Code Section 15-7-49, relating to remittance of interest from interest-bearing trust accounts to the Georgia Public Defender Standards Council, as follows: "15-7-49. When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority in accordance with the provisions of subsections (c) through (g) (i) of Code Section 15-6-76.1. The for distribution to the Georgia Public Defender Standards Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1." SECTION 7. Said title is further amended by revising Code Section 15-9-18, relating to remittance of interest from cash bonds to the Georgia Public Defender Standards Council, as follows: "15-9-18. Whenever the sheriff transfers cash bonds to the clerk of the court, pursuant to Code Section 15-16-27, the clerk shall deposit such funds into interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority in accordance with THURSDAY, MARCH 20, 2008 2221 the provisions of subsections (c) through (g) (i) of Code Section 15-6-76.1. The for distribution to the Georgia Public Defender Standards Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-676.1." SECTION 8. Said title is further amended by revising Code Section 15-10-240, relating to remittance of interest from funds to the Georgia Public Defender Standards Council, as follows: "15-10-240. When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority in accordance with the provisions of subsections (c) through (g) (i) of Code Section 15-6-76.1. The for distribution to the Georgia Public Defender Standards Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1." SECTION 9. Said title is further amended by revising Code Section 15-16-27, relating to deposit by sheriff of cash bonds and reserves of professional bondspersons in interest-bearing accounts and disposition of interest, as follows: "15-16-27. (a) Unless transferred to the appropriate clerk of court, the sheriff shall deposit cash bonds held by the sheriff in one or more interest-bearing trust accounts in investments authorized by Code Section 36-80-3 or by Chapter 83 of Title 36. (b) The financial institution in which the funds are deposited shall remit, after service charges or fees are deducted, the interest generated by such funds directly, at least quarterly and within 30 days of receipt, to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority in accordance with the provisions of subsections (c) through (i) of Code Section 15-6-76.1 for distribution to the circuit public defender offices Georgia Public Defender Standards Council. With each remittance, the financial institution shall send a statement showing the name of the county, deposits and withdrawals from the account or accounts, interest paid, service charges or fees of the bank or other depository, and the net remittance. The Georgia Public Defender Standards Council shall allocate all interest received from such funds deposited in interest-bearing trust accounts to the circuit public defender offices. (c) In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the sheriff shall be exempt from subsections (a) and (b) of this Code section. In such counties, the sheriff shall send a written notice to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority." SECTION 10. Said title is further amended by revising Code Section 15-21-73, relating to the penalties 2222 JOURNAL OF THE SENATE to be imposed in certain criminal, quasi-criminal, and traffic cases and upon violation of bond, as follows: "15-21-73. (a)(1) In every case in which any state court, probate court, juvenile court, police, recorders, or mayors court, municipal court, magistrate court, or superior court in this state shall impose a fine, which shall be construed to include costs, for any criminal or quasi-criminal offense against a criminal or traffic law, including civil traffic violations and violations of local criminal ordinances, of this state or political subdivision thereof, there shall be imposed as an additional penalty a sum equal to: (A) The lesser of $50.00 or 10 percent of the original fine; plus (B) An additional 10 percent of the original fine. (2) At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or political subdivision thereof, an additional sum equal to: (A) The lesser of $50.00 $100.00 or 10 percent of the original amount of bail or bond; plus (B) The lesser of an additional $50.00 $100.00 or 10 percent of the original amount of bail or bond shall be posted. In every case in which any state court, probate court, municipal court, magistrate court, recorders court, mayors court, or superior court shall order the forfeiture of bail or bond, the additional amounts provided for in this paragraph shall be paid over as provided in Code Section 15-21-74. (b) Such sums shall be in addition to that amount required by Code Section 47-17-60 to be paid into the Peace Officers Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia and any other amounts provided for by law." SECTION 11. Said title is further amended by revising Code Section 15-21-74, relating to assessment and collection of penalties, transfer of payments to the Georgia Superior Court Clerks Cooperative Authority, and quarterly accounting, as follows: "15-21-74. The sums provided for in under paragraph (1) of subsection (a) of Code Section 15-2173 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the Georgia Superior Court Clerks Cooperative Authority by the last day of the month there following, to be deposited by the authority into the general treasury. The sums provided for under paragraph (2) of subsection (a) of Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from forfeited bonds and shall be paid over to the Georgia Superior Court Clerks Cooperative Authority by the last day of the month there following for remittance to the Office of Treasury and Fiscal Services; provided, however, that if the local governing authority has an approved procedure to verify the applicants income as set forth in Code Section 17-12-80, the court officer shall remit 50 percent of such finds THURSDAY, MARCH 20, 2008 2223 to the Georgia Superior Court Clerks Cooperative Authority, and the remaining 50 percent shall be remitted to the local governing authority and reported to the Georgia Superior Court Clerks Cooperative Authority. The authority shall, on a quarterly basis, make a report and accounting of all funds collected and disbursed pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget, the House Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter." SECTION 12. Said title is further amended by revising Code Section 15-21-77, relating to collections to be appropriated for law enforcement or prosecutorial officers training and funding for indigent defense, as follows: "15-21-77. (a) An amount equal to the net proceeds derived under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-21-73 in the immediately preceding year shall be appropriated to fund law enforcement or prosecutorial officers training, or both, and activities incident thereto, including, but not limited to, payment or repayment to the state treasury for capital outlay, general obligation bond debt service, administrative expenses, and any other expense or fund application which the General Assembly may deem appropriate. This subsection Code section shall not preclude the appropriation of a greater amount for this purpose. (b) It is the intent of the General Assembly that all funds derived under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73 shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense. (c) Where the Georgia Public Defender Standards Council has approved an alternative delivery system as set forth in Code Section 17-12-36, the council shall pay from funds available to the council an amount of funds equal to the amount that would have been allocated to the circuit for the minimum salary of the circuit public defender, the assistant circuit public defenders, the investigator, and the administrative staff, exclusive of benefits, if the circuit was not operating an alternative delivery system." SECTION 13. Said title is further amended by revising Code Section 15-21A-6, relating to additional filing fees, application for free legal services, and remittance of funds, as follows: "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, 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, 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 2224 JOURNAL OF THE SENATE 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 such 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 shall 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 measurable hardship will result if the fee is charged. If the application fee required by this subsection has not been paid or waived at prior to the time the defendant is sentenced, the court shall impose such fee as a condition of probation. (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, if the governing authority has a procedure to verify the applicants income as set forth in Code Section 17-12-80, shall pay such moneys over to the authority entity providing legal defense services under Chapter 12 of Title 17 by the last day of the month after the month of collection, to be deposited by and such funds shall not be subject to payment to the authority into the general fund of the state treasury. If the governing authority does not have such verification procedure, the moneys shall be paid over to the authority by the last day of the month after the month of collection, to be deposited by the authority into the general fund of the state treasury. (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. THURSDAY, MARCH 20, 2008 2225 (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 such fee is waived by the court for inability to pay or measurable hardship. If the application fee required by this subsection has not been paid or waived at prior to 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 such 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)(f) For the purposes of this Code section, a county or municipality that provides indigent defense services or that contracts with a circuit public defender office for the provision of indigent defense services in courts other than the superior and juvenile court is shall be deemed to be the entity providing the legal defense services and is shall be entitled to impose and collect the application fee authorized by subsection (f) (e) of this Code section." SECTION 14. Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, is amended by revising Code Section 17-12-2, relating to definitions, as follows: "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, or county, or juvenile offense punishable by imprisonment who earns or, in the case of a juvenile, whose parents earn, less than 125 100 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 juvenile charged as a status offender or with a delinquent act or a violation of probation punishable by detention whose parents earn less than 125 percent of the federal poverty guidelines unless there is evidence that the juvenile or his or her parents have other resources that might reasonably be used to employ a lawyer without undue hardship on the juvenile, his or her parents, or the parents dependents; and (B)(C) 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 2226 JOURNAL OF THE SENATE 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, or, in the case of a juvenile, his or her parents or the parents 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 15. Said chapter is further amended by revising Code Section 17-12-3, relating to creation and membership of the Georgia Public Defender Standards Council, as follows: "17-12-3. (a) There is created the Georgia Public Defender Standards Council to be composed of 11 15 members. (b) Ten members 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. Except as provided in paragraph (3.1) of this subsection, the 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 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 this 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 THURSDAY, MARCH 20, 2008 2227 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; (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; 2228 JOURNAL OF THE SENATE (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) The In addition, 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; (3.1) Four members of the council shall be county commissioners who have been elected and are serving as members of the county governing authority of this state. The county commissioner councilmembers shall be appointed by the Governor on or before July 1, 2008, and shall be from different geographic regions of this state. The Governor may solicit recommendations for such appointees from the Association County Commissioners of Georgia. Each county commissioner councilmember shall serve terms of four years; provided, however, that the initial appointments shall be for one, two, three, and four years, respectively, as designated by the Governor for each appointment, and thereafter, such members shall serve terms of four years. A county commission councilmember shall be eligible to serve so long as he or she retains the office by virtue of which he or she is serving on the council; (4) Except as provided in paragraph (3.1) of this subsection, all 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 THURSDAY, MARCH 20, 2008 2229 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), and (3.1) 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) (e) of Code Section 17-12-20. (c) In making these the appointments for ten members of the council as provided in paragraph (2) of subsection (b) of this Code section, 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 Georgia Alliance of African American Attorneys, 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 this 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 16. Said chapter is further amended by revising subsection (b) of Code Section 17-12-4, relating to the authority of the council, its annual report, and compensation of personnel, as follows: "(b) The council shall establish auditing procedures as may be required in connection with the handling of public funds. The state auditor is shall be authorized and directed to make an annual audit of the transactions of the council and to make a complete report of the same to the General Assembly. The report annual audit shall disclose all moneys received by the council and all expenditures made by the council, including administrative expense by revenue source, including all programs and special projects itemized in the General Appropriations Act. The annual audit shall include an itemization by revenue source of encumbered and reserved money. Revenue sources shall include each county governing authoritys expenditures which are made pursuant to Code Sections 17-12-31 and 17-12-32 and city or county expenditures which are made pursuant to subsection (d) of Code Section 17-12-23. The state auditor shall also make an audit of the affairs of the council at any time when requested to do so by a majority of the council or by the Chief Justice of the Supreme Court of Georgia 2230 JOURNAL OF THE SENATE Governor or General Assembly." SECTION 17. Said chapter is further amended by revising Code Section 17-12-5, relating to the councils director, qualification, selection, and responsibilities, as follows: "17-12-5. (a) To be eligible for appointment as the councils director, a candidate shall be a member in good standing of the State Bar of Georgia with at least three seven years experience in the practice of law. The director shall be selected on the basis of training and experience and such other qualifications as the council deems appropriate. The director shall serve at the pleasure of the council and may be removed by a majority vote of the entire council. The council shall establish the directors salary. (b)(1) The director shall work with and provide support services and programs for circuit public defender offices and other attorneys representing indigent persons in criminal or juvenile cases in order to improve the quality and effectiveness of legal representation of such persons and otherwise fulfill the purposes of this chapter. Such services and programs shall include, but shall not be limited to, technical, research, and administrative assistance; educational and training programs for attorneys, investigators, and other staff; assistance with the representation of indigent defendants with mental disabilities; assistance with the representation of juveniles; assistance with death penalty cases; and assistance with appellate advocacy. (2) The director, with the consent of the council, may establish divisions within the office to administer the services and programs as may be necessary to fulfill the purposes of this chapter. The director shall establish a mental health advocacy division and the Georgia capital defender division. (3) The director may hire and supervise such staff employees and may contract with outside consultants on behalf of the office as may be necessary to provide the services contemplated by this chapter. (c) The director shall: (1) Prepare and submit to the council a proposed budget for the council. Said budget shall not contain any request for funding for the operation of the circuit public defender offices until the budget submission for Fiscal Year 2005. The director shall also prepare and submit an annual report containing pertinent data on the operations, costs, and needs of the council and such other information as the council may require; (2) Develop such rules, policies, procedures, regulations, and standards as may be necessary to carry out the provisions of this chapter and comply with all applicable laws, standards, and regulations, and submit these to the council for approval; (3) Administer and coordinate the operations of the council and supervise compliance with rules, policies, procedures, regulations, and standards adopted by the council; (4) Maintain proper records of all financial transactions related to the operation of the council; (5) At the directors discretion, solicit and accept on behalf of the council any funds that may become available from any source, including government, nonprofit, or THURSDAY, MARCH 20, 2008 2231 private grants, gifts, or bequests; (6) Coordinate the services of the council with any federal, county, or private programs established to provide assistance to indigent persons in cases subject to this chapter and consult with professional bodies concerning the implementation and improvement of programs for providing indigent services; (7) Provide for the training of attorneys and other staff involved in the legal representation of persons subject to this chapter; (8) Attend all council meetings, except those meetings or portions thereof that address the question of appointment or removal of the director; (9) Ensure that the expenditures of the council are not greater than the amounts budgeted or available from other revenue sources; and (10) Hire, with the pending approval of the council, a mental health advocate who shall serve as director of the division of the office of mental health advocacy; (11) Hire, with the pending approval of the council, the capital defender who shall serve as the director of the division of the office of the Georgia capital defender; (12) Evaluate each circuit public defenders job performance and communicate his or her findings to the council; and (13) Perform other duties as the council may assign." SECTION 18. Said chapter is further amended by revising subsection (b) of Code Section 17-12-6, relating to assistance of council to public defenders, as follows: "(b) The council: (1) Shall be the fiscal officer for the circuit public defender offices and shall account for all moneys received from each governing authority; and (2) Shall collect, maintain, review, and publish records and statistics for the purpose of evaluating the delivery of indigent defense representation in Georgia." SECTION 19. Said chapter is further amended by revising Code Section 17-12-8, relating to approval by the council of programs for representation of indigents, development of standards, and submission to and ratification by the General Assembly of standards having a fiscal impact, as follows: "17-12-8. (a) The council shall approve the development and improvement of programs which provide legal representation to indigent persons and juveniles. (b) The council shall approve and implement programs, services, rules, policies, procedures, regulations, and standards as may be necessary to fulfill the purposes and provisions of this article chapter and to comply with all applicable laws governing the rights of indigent persons accused of violations of criminal law. Standards shall include, but shall not be limited to, the following: (1) Standards for maintaining and operating circuit defender offices, including requirements regarding qualifications, training, and size of the legal and supporting 2232 JOURNAL OF THE SENATE staff of such offices; (2) Standards prescribing minimum experience, training, and other qualifications for appointed counsel where a conflict of interest arises between the public defender and an indigent person; (3) Standards for assistant public defender and appointed counsel caseloads; (4) Standards for the performance of assistant public defenders and appointed counsel representing indigent persons; (5) Standards and procedures for the appointment of independent, competent, and efficient counsel for representation in both the trial and appellate courts of indigent persons whose cases present conflicts of interest; (6) Standards for providing and compensating experts, investigators, and other persons who provide services necessary for the effective representation of indigent persons; (7) Standards for qualifications and performance of counsel representing indigent persons in capital cases; (8) Standards for collecting the costs of legal representation and related services; (9) Standards for compensation of attorneys appointed to represent indigent persons under this article; (10) Standards for removing a circuit public defender for cause pursuant to Code Section 17-12-20; (11) Standards for a uniform definition of a 'case' for purposes of determining caseload statistics; and (12) Standards for accepting contractual indigent defense representation. (c) The initial minimum standards promulgated by the council pursuant to this Code section which are determined by the General Oversight Committee for the Georgia Public Defender Standards Council to have a fiscal impact shall be submitted by the council to the General Assembly at the regular session for 2005 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. The power of the council to promulgate such initial minimum standards shall be deemed to be dependent upon such ratification; provided, however, the minimum standards promulgated by the council shall be utilized as a guideline prior to ratification. Any subsequent amendments or additions to the initial minimum standards promulgated by the council pursuant to this Code section which are determined by the General Oversight Committee for the Georgia Public Defender Standards Council to have a fiscal impact shall be ratified at the next regular session of 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. (d) All rules, regulations, policies, and standards that are promulgated by the council shall be publicly available for review and shall be posted on the councils website. Each rule, regulation, policy, and standard shall identify the date upon which the such rule, regulation, policy, and standard took effect, and if the standard is subject to THURSDAY, MARCH 20, 2008 2233 ratification by the General Assembly as provided by subsection (c) of this Code section, the status of the standard with respect to ratification." SECTION 20. Said chapter is further amended by revising Code Section 17-12-9, relating to continuing legal education for public defenders and staff, as follows: "17-12-9. The council shall be authorized to conduct or approve for credit or reimbursement, or both, basic and continuing legal education courses or other appropriate training programs for the circuit public defenders or their staff members. The council, in accordance with such rules as it shall adopt, shall be authorized to provide reimbursement, in whole or in part, for the actual expenses incurred by any circuit public defender or their staff members in attending any approved course or training program from funds as may be appropriated or otherwise made available to the council. Notwithstanding any other provision of law, the The circuit public defenders or their staff members shall be authorized to receive reimbursement for actual expenses incurred in attending approved courses or training programs, provided that no person shall be entitled to claim reimbursement under both this Code section and Code Section 17-12-26. The council shall adopt rules governing the approval of courses and training programs for credit or reimbursement as may be necessary to administer this Code section properly." SECTION 21. Said chapter is further amended by revising Code Section 17-12-10, relating to annual reporting, as follows: "17-12-10. (a) The council shall prepare annually a report of its activities in order to provide the General Assembly, the Governor, and the Supreme Court of Georgia with an accurate description and accounting of the preceding years expenditures and accomplishments revenue, including moneys received from cities and county governing authorities. Such report shall include a three-year cost projection and anticipated revenues for all programs defined in the General Appropriations Act. (b) The council shall also provide to the General Assembly, the Governor, and the Supreme Court of Georgia a detailed analysis of all grants and funds, whether public or private, applied for or granted, together with how and in what manner the same are to be utilized and expended. (c) The council shall prepare annually a report in order to provide the General Assembly and the Governor with information on the councils assessment of the delivery of indigent defense services, including, but not limited to, the costs involved in operating each program and each governing authoritys indigent person verification system, methodology used, costs expended, and savings realized." SECTION 22. Said chapter is further amended by revising Code Section 17-12-10.1, relating to creation 2234 JOURNAL OF THE SENATE of general oversight committee, membership, and reporting audits, as follows: "17-12-10.1. (a) There is created the General Oversight Committee for the Georgia Public Defender Standards Council which shall be composed of eight persons: three members of the House of Representatives appointed by the Speaker of the House of Representatives, three members of the Senate appointed by the Senate Committee on Assignments or such person or entity as established by Senate rule, and one member of the House of Representatives and one member of the Senate appointed by the Governor. 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 Senate Committee on Assignments or such person or entity as established by Senate rule shall appoint one member of the committee to serve as vice chairperson during each even-numbered year. The Senate Committee on Assignments or such person or entity as established by Senate rule shall appoint a member of the committee to serve as chairperson, and the Speaker of the House of Representatives shall appoint one member to serve as vice chairperson during each odd-numbered year. Such committee shall meet at least six three 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 review and evaluate the following: (1) Information on new programs submitted by the council; (2) Information on rules, regulations, policies, and standards proposed by the council; (3) The strategic plans for the council; (4) Program evaluation reports and budget recommendations of the council; (5) The fiscal impact of fees and fines on counties; (6) The reports submitted pursuant to Code Section 15-21A-7 in order to identify, among other things, opportunities to reduce or consolidate fees, fines, and surcharges; and (7) Such other information or reports as deemed necessary by such committee. (d) The council shall cooperate with such committee and provide such information or reports as requested by the committee for the performance of its functions. (e) The council shall submit its budget estimate to the director of the Office of Planning and Budget in accordance with subsection (a) of Code Section 45-12-78. (f) The committee shall make an annual report of its activities and findings to the membership of the General Assembly and the Governor within one week of the convening of each regular session of the General Assembly. The chairperson of the committee shall deliver written executive summaries of such report to the members of the General Assembly prior to the adoption of the General Appropriations Act each year. (g) The members of the committee shall receive the allowances authorized for legislative members of legislative committees. The funds necessary to pay such THURSDAY, MARCH 20, 2008 2235 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 of the council be conducted." SECTION 23. Said chapter is further amended by revising Code Section 17-12-10.2, relating to civil liability, as follows: "17-12-10.2. The members of the council as created by this article, the members of the circuit public defender selection supervisory panel created by Article 2 of this chapter, and other policy-making or administrative personnel acting in a policy-making or administrative capacity shall not be subject to civil liability resulting from any act or failure to act in the implementation and carrying out of the purposes of this article and Article 2 of this chapter." SECTION 24. Said chapter is further amended by revising Code Section 17-12-11, relating to the council assuming the responsibility of the Georgia Indigent Defense Council, funding, and personnel, as follows: "17-12-11. (a) On December 31, 2003, the Georgia Public Defender Standards Council shall assume all powers, duties, and obligations of the Georgia Indigent Defense Council created by former Code Section 17-12-32, and all references in this Code to the Georgia Indigent Defense Council shall be deemed to be references to the Georgia Public Defender Standards Council. Such powers shall include, without limitation, making grants and distributions to the counties. (b) At least 90 percent of all state appropriated funds to the former Georgia Indigent Defense Council or the Georgia Public Defender Standards Council for grants to counties shall be distributed to counties for the January 1, 2004, through December 31, 2004, time period, based upon previous year expenditures for the provision of defense services at the local level. (c) On December 31, 2003, the employees in good standing, assets, and resources of the Georgia Indigent Defense Council shall be transferred to the Georgia Public Defender Standards Council, and the council shall assume any executory contractual obligations of the Georgia Indigent Defense Council, provided that allocated funding resources for such obligations are also transferred. All full-time employees of the Georgia Public Defender Standards Council shall be state employees in the unclassified service of the State Merit System of Personnel Administration with all of the benefits of appointed state employees provided by law. (a) The mental health advocacy division shall represent in any court in this state indigent persons found not guilty by reason of insanity at the time of the crime or found mentally incompetent to stand trial and shall be the successor to the office of mental health advocacy created by Article 4 of this chapter as it existed on June 30, 2008. Any 2236 JOURNAL OF THE SENATE assets or resources of the office of mental health advocacy shall be transferred to the council. The mental health advocacy division office shall serve all counties of this state. (b) Whenever any person has been found not guilty by reason of insanity at the time of the crime pursuant to Code Section 17-7-131 or found mentally incompetent to stand trial pursuant to Code Section 17-7-130 and has been determined to be an indigent person, the court in which such case is pending shall notify the mental health advocacy division, and the division may assume the defense and representation of such person in all matters pursuant to Code Sections 17-7-130 and 17-7-131, as applicable, if the resources, funding, and staffing of the division allow; provided, however, that the circuit public defender or other attorney who represented the indigent person at the time of the finding of not guilty by reason of insanity at the time of the crime or the finding of mentally incompetent to stand trial shall have the option to retain responsibility for the representation of any such person. (c) Nothing in this Code section shall prevent the circuit public defender, the court, or the court appointed attorney from requesting the participation of the mental health advocacy division prior to a finding of not guilty by reason of insanity at the time of the crime or a finding of mentally incompetent to stand trial. The circuit public defender, the court, or the court appointed attorney may request that the mental health advocacy division assist in the case prior to a plea being entered and accepted by the court. (d) If for any reason the mental health advocacy division is unable to represent any indigent person found not guilty by reason of insanity at the time of the crime or found mentally incompetent to stand trial, such representation shall be provided as otherwise provided by law. (e) The councils director shall be responsible for management of the mental health advocacy division; provided, however, that the director may delegate day-to-day operations of the division to the mental health advocate." SECTION 25. Said chapter is further amended by revising Code Section 17-12-12, relating to the transition period, as follows: "17-12-12. From January 1, 2005, through December 31, 2005, the Georgia Public Defender Standards Council shall coordinate the transition from the procedures for providing criminal defense to indigent persons in effect on December 31, 2004, in each county to the procedures provided in Article 2 of this chapter. On and after January 1, 2005, the provisions of Article 2 of this chapter shall govern the public provision of criminal defense to indigent persons in the courts of this state. (a) The Georgia capital defender division shall represent all indigent persons charged with a capital felony for which the death penalty is being sought in any court in this state and shall be the successor to the Office of the Georgia Capital Defender created by Article 6 of this chapter as it existed on June 30, 2008. Any assets or resources of the Office of the Georgia Capital Defender shall be transferred to the council. The Georgia THURSDAY, MARCH 20, 2008 2237 capital defender division shall serve all counties of this state. (b) Whenever any person accused of a capital felony for which the death penalty is being sought has been determined to be an indigent person who has requested the assistance of counsel, the court in which the charges are pending shall notify the Georgia capital defender division, and the division shall assume the defense of such person except as provided in Code Section 17-12-12.1. (c) No person shall be assigned the primary responsibility of representing an indigent person accused of a capital offense for which the death penalty is sought unless such person is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a capital felony. (d) The Georgia capital defender division or appointed counsels defense of a defendant in a case in which the death penalty is sought shall include all proceedings in the trial court and any appeals to the Supreme Court of Georgia. Neither the Georgia capital defender division nor appointed counsel shall assist with any petition for a writ of habeas corpus in federal court. (e) The councils director shall be responsible for management of the Georgia capital defender division; provided, however, that the director may delegate day-to-day operations of the division to the capital defender." SECTION 26. Said chapter is further amended by adding a new Code section to read as follows: "17-12-12.1. (a) If there is a conflict of interest such that the Georgia capital defender division is unable to defend any indigent person accused of a capital felony for which the death penalty is being sought, the councils director shall determine and appoint counsel to represent the defendant. The councils director shall establish the contractual agreement with the defendants counsel for payment of representing the defendant, and, when feasible and prudent, a flat fee structure shall be utilized. (b) A maximum of two attorneys shall be paid by the council at an hourly rate established by the council with state funds appropriated to the council. State funds shall be appropriated to the council for use by the Georgia capital defender division for the first $150,000.00 paid for each death penalty case. Funding for attorneys fees and expenses between $150,000.01 and $250,000.00 for each death penalty case shall be paid through state appropriations for 75 percent of such attorneys fees and expenses, and the county governing authority shall pay 25 percent of such attorneys fees and expenses. Funding for all attorneys fees and expenses in excess of $250,000.00 for each death penalty case shall be paid through state appropriations for 50 percent of such attorneys fees and expenses, and the county governing authority shall pay 50 percent of such attorneys fees and expenses. (c) The council, with the assistance of the Georgia capital defender division, shall establish guidelines for all expense requests for cases in which the death penalty is sought, including, but not limited to, attorneys fees, expert witness fees, investigative fees, travel and accommodation expenses, and copy and transcription costs. 2238 JOURNAL OF THE SENATE (d) A county governing authority may provide supplemental compensation to counsel appointed pursuant to this Code section." SECTION 27. Said chapter is further amended by revising Code Section 17-12-20, relating to public defender selection panel for each circuit, appointment and removal of circuit public defenders, and vacancies, as follows: "17-12-20. (a) On and after July 1, 2008, there There is created in each judicial circuit in the this state a circuit public defender selection supervisory panel to be composed of five seven members. The membership shall be composed of one member each 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 superior court of the circuit shall each appoint one member. The Governor shall appoint four members, two of which shall be members of the governing authority of the counties within the judicial circuit for which such member is appointed to serve. A member of a governing authority shall be eligible to serve so long as he or she retains the office by virtue of which he or she is serving on the panel. Members Other than the county commissioner, members of the circuit public defender selection supervisory panel 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. 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 shall not serve as a member of the circuit public defender selection supervisory panel after July 1, 2005. On and after July 1, 2008, no employees of the council shall serve as a member of the circuit public defender supervisory panel. Members of the circuit public defender selection supervisory panel shall reside in the judicial circuit in which they serve. The circuit public defender selection supervisory panel members shall serve for a term of five years. Any vacancy for an appointed member shall be filled by the appointing authority. (b)(1) By majority vote of its membership, the circuit public defender supervisory panel shall annually elect a chairperson and secretary and determine a quorum for the transaction of business. The chairperson shall conduct the meetings and deliberations of the panel and direct all activities. The secretary shall keep accurate records of all the meetings and deliberations and perform such other duties as the chairperson may direct. The panel may be called into session upon the direction of the chairperson or by the council. (2) By majority vote of its membership, the circuit public defender selection supervisory panel shall appoint the circuit public defender in the circuit as provided in this article. The first such appointments shall be made to take office on January 1, 2005, for terms of up to four years. The initial appointments shall be for a term of up THURSDAY, MARCH 20, 2008 2239 to four years. A circuit public defender may be appointed for successive terms but shall not be reappointed if he or she was removed pursuant to subsection (c) of this Code section. (c) A circuit public defender may be removed for cause by a majority vote of the council and may be removed without cause by a vote of two-thirds of the members of the entire council. (d) A circuit public defender supervisory panel may convene at any time during its circuit public defenders term of office and shall convene at least semiannually for purposes of reviewing the circuit public defenders job performance and the performance of the circuit public defender office. The council and circuit public defender shall be notified at least two weeks in advance of the convening of the circuit public defender supervisory panel. The circuit public defender shall be given the opportunity to appear before the circuit public defender supervisory panel and present evidence and testimony. The chairperson shall determine the agenda for the semiannual review process, but, at a minimum, such review shall include information collected pursuant to subsection (c) of Code Section 17-12-24, usage of state and local funding, expenditures, and budgeting matters. The chairperson shall make an annual report on or before the thirtieth day of September of each year concerning the circuit public defender supervisory panels findings regarding the job performance of the circuit public defender and his or her office to the council on a form provided to the panel by the council. If at any time the circuit public defender supervisory panel finds that the circuit public defender is performing in a less than satisfactory manner or finds information of specific misconduct, the circuit public defender supervisory panel may by majority vote of its members adopt a resolution seeking review of their findings and remonstrative action by the council. Such resolution shall specify the reason for such request. All evidence presented and the findings of the circuit public defender supervisory panel shall be forwarded to the council within 15 days of the adoption of the resolution. The council shall initiate action on the circuit public defender supervisory panels resolution at its next regularly scheduled meeting and take final action within 60 days thereafter. The council shall notify the circuit public defender supervisory panel, in writing, of any actions taken pursuant to submission of a resolution under this subsection. (d)(e) If a vacancy occurs for the position of circuit public defender, the chief judge of the superior court of the circuit shall appoint an interim circuit public defender to serve until the circuit public defender selection supervisory panel has appointed a replacement to serve out the unexpired term of office. The circuit public defender selection supervisory panel shall appoint a replacement circuit public defender within three months of the occurring of the vacancy. The replacement circuit public defender shall not be any individual who has been removed by the council pursuant to subsection (c) of this Code section." SECTION 28. Said chapter is further amended by revising Code Section 17-12-22, relating to the 2240 JOURNAL OF THE SENATE procedure for appointment of attorneys for indigent defendants in the event the public defender has a conflict of interest, as follows: "17-12-22. (a) The council shall establish a procedure for providing legal representation in cases where the circuit public defender office has a conflict of interest. This Such procedure be by may include, but shall not be limited to, the appointment of individual counsel on a case-by-case basis or by the establishment of a conflict defender office in those circuits where the volume of cases may warrant a separate conflict defender office the utilization of another circuit public defender office when feasible. It is the intent of the General Assembly that the council consider the most efficient and effective system to provide legal representation where the circuit public defender office has a conflict of interest. (b) The circuit public defender shall establish a method for identifying conflicts of interest at the earliest possible opportunity. If there is a conflict of interest such that the circuit public defender office cannot represent a defendant and an attorney who is not employed by the circuit public defender office is appointed, such attorney shall have a contractual relationship with the council to represent indigent persons in conflict of interest cases. (c) Attorneys who seek appointment in conflict cases must shall have such experience or training in the defense of criminal cases as is necessary in light of the complexity of the case to which they are he or she is appointed and must shall meet such qualifications, regulations, and standards for the representation of indigent defendants as are established by the council. (c) The circuit public defender shall establish a method for identifying conflicts of interest at the earliest possible opportunity." SECTION 29. Said chapter is further amended by revising subsections (b) and (d) of Code Section 1712-23, relating to cases in which public defender representation is required, timing of representation, and contracts with local governments, as follows: "(b) In each of the actions and proceedings enumerated in subsection (a) of this Code section, entitlement to the services of counsel begins as soon as is feasible and no not more than 72 hours five business days after the indigent person is taken into custody or service is made upon him or her of the charge, petition, notice, or other initiating process and such person makes an application for counsel to be appointed." "(d) A city or county may contract with the circuit public defender office for the provision of criminal defense for indigent persons accused of violating city or county ordinances or state laws. If a city or county does not contract with the circuit public defender office, the city or county shall be subject to all applicable rules, regulation, policies, and standards adopted by the council for representation of indigent persons in this state." SECTION 30. Said chapter is further amended by revising subsections (a) and (c) of Code Section 17- THURSDAY, MARCH 20, 2008 2241 12-24, relating to financial eligibility for indigent defense services representation and operation of the public defenders office, as follows: "(a) The circuit public defender, and any other person or entity providing indigent defense services, or the system established pursuant to Code Section 17-12-80 shall determine the financial eligibility of any if a person or juvenile arrested, detained, or charged in any manner in accordance with the definition of an is an indigent person set forth in Code Section 17-12-2 that would entitle him or her entitled to representation under this chapter." "(c) The circuit public defender shall keep and maintain appropriate records, which shall include the number of persons represented under this article, including cases assigned to other counsel based on conflict of interest; the offenses charged; the outcome of each case; the expenditures made in carrying out the duties imposed by this article chapter; and any other information requested by the council." SECTION 31. Said chapter is further amended by revising Code Section 17-12-25, relating to the salary of the public defender and prohibiting the private practice of law, as follows: "17-12-25. (a) Each circuit public defender shall receive an annual salary of $87,593.58, and costof-living adjustments may be given by the General Assembly in the General Appropriations Act by a percentage not to exceed the average percentage of the general increase in salary as may from time to time be granted to employees of the executive, judicial, and legislative branches of government from state funds:; provided, however, that any increase for such circuit public defender shall not include within-grade step increases for which classified employees of the state merit system are eligible. Any increase granted pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees. The Office of Planning and Budget shall calculate the average percentage increase. (b) The county or counties comprising the judicial circuit may supplement the salary of the circuit public defender in an amount as is or may be authorized by local Act or in an amount as may be determined by the governing authority of the county or counties, whichever is greater. (c) No circuit public defender shall engage in the private practice of law for profit or serve concurrently in any judicial office." SECTION 32. Said chapter is further amended by revising Code Section 17-12-26, relating to the budget of the council, as follows: "17-12-26. (a) The council shall prepare and submit to the director of the Office of Planning and Budget an annual proposed its budget estimate necessary for fulfilling the purposes of this article chapter in accordance with Code Section 45-12-78. The budget request shall be based on the previous years expenditures and budget requests submitted by each 2242 JOURNAL OF THE SENATE circuit public defender, the Office of the Georgia Capital Defender, and the office of the mental health advocate. The councils total budget request for funding for the operations of the circuit public defender offices and the councils programs shall not exceed the amount of funds collected for indigent defense pursuant to Code Sections 15-21-73 and 15-21A-6; provided, however, that the General Assembly shall not be obligated to appropriate such amount for indigent defense. The council is also shall be authorized to seek, solicit, apply for, and utilize funds from any public or private source to use in fulfilling the purposes of this article chapter. (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 Office of the Georgia Capital Defender and the office of the mental health advocate. (c)(1) Subject to the provisions of paragraphs (3) and (4) of this subsection, expenses paid by the council pursuant to this Code section shall be paid out of funds as may be appropriated by the General Assembly. (2) On or before June 1 of each year, the council shall establish and furnish to each circuit public defender and the state auditor the travel budget for each judicial circuit based on the amount appropriated by the General Assembly for travel. (3) In determining the travel budget for each judicial circuit, the council shall consider the budget request submitted by the circuit public defender of each judicial circuit, the geographic size and the caseload of each circuit, and other facts as may be relevant. The council is authorized to establish a contingency reserve of not more than 3 percent of the total amount appropriated by the General Assembly in order to meet any expenses which could not be reasonably anticipated. The council shall submit to each circuit public defender, the state auditor, and the legislative budget analyst a monthly report showing the budget amount of expenditures made under the travel budget. The council may periodically review and adjust the travel budget as may be necessary to carry out the purposes of this subsection. (4) Neither the circuit public defender nor any personnel compensated by the state pursuant to the provisions of this article shall be reimbursed from state funds for any expenses for which the person has been reimbursed from funds other than state funds; provided, however, that the governing authority of the county or counties comprising the judicial circuit are authorized to provide travel advances or to reimburse expenses which may be incurred by the person in the performance of his or her official duties to the extent the expenses are not reimbursed by the state as provided in this Code section." SECTION 33. Said chapter is further amended by revising subsection (f) of Code Section 17-12-28, relating to appointment of investigator, role and responsibilities, compensation, and promotions, as follows: "(f) Personnel appointed pursuant to this Code section shall be reimbursed for actual THURSDAY, MARCH 20, 2008 2243 expenses incurred in the performance of their official duties in accordance with the provisions of Code Section 17-12-26." SECTION 34. Said chapter is further amended by revising Code Section 17-12-31, relating to employment of additional personnel, as follows: "17-12-31. (a) The circuit public defender in each judicial circuit may employ additional assistant circuit public defenders, deputy circuit public defenders, or other attorneys, investigators, paraprofessionals, clerical assistants, and other employees or independent contractors as may be if the employment of such additional personnel is provided for by local law or as may be if the employment of such additional personnel is specifically authorized and funded by the governing authority of the county or counties comprising the judicial circuit. The circuit public defender shall define the duties and fix the title of any attorney or other employee of the office of the circuit public defender. (b) Personnel employed by the circuit public defender pursuant to this Code section shall serve at the pleasure of the circuit public defender and shall be compensated by the county or counties comprising the judicial circuit, in the manner and in an amount of compensation to be paid to be fixed either by local Act or by the circuit public defender with the specific approval of the county or counties comprising the judicial circuit." SECTION 35. Said chapter is further amended by revising Code Section 17-12-33, relating to assistant public defenders private practice of law prohibited and admission to the bar of Georgia, as follows: "17-12-33. (a) Any assistant public defender or other attorney at law employed full time by the circuit public defender who is compensated in whole or in part by state funds shall not engage in the private practice of law for profit or serve concurrently in any judicial office. (b) Any assistant public defender or any other attorney at law employed by the circuit public defender shall be a member of the State Bar of Georgia and shall be admitted to practice before the appellate courts of this state. The assistant public defender shall serve at the pleasure of the circuit public defender and shall have such authority, powers, and duties as may be assigned by the circuit public defender." SECTION 36. Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section 17-12-36, relating to alternative delivery systems and annual review of operations by the council, as follows: "(2) The council, by majority vote of the entire council, determines that the delivery system meets or exceeds its rules, regulations, policies, and standards, including, without limitation, caseload standards, as the council adopts;" 2244 JOURNAL OF THE SENATE SECTION 37. Said chapter is further amended by adding a new subsection to Code Section 17-12-36, relating to alternative delivery systems and annual review of operations by the council, to read as follows: "(h) An approved alternative delivery system shall be paid by the council, from funds available to the council, in an amount equal to the amount that would have been allocated to the judicial circuit for the minimum salary of the circuit public defender, the assistant circuit public defenders, the investigator, and the administrative staff, exclusive of benefits, if the judicial circuit was not operating an alternative delivery system." SECTION 38. Said chapter is further amended by revising Code Section 17-12-50, relating to definitions, as follows: "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 shall 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." SECTION 39. Said chapter is further amended by revising subsection (c) of Code Section 17-12-51, relating to the repayment of attorneys fees as a condition of probation, as follows: "(c) If a defendant who is represented by a public defender, who is paid for entirely by the state, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other costs of the defense if the payment does not impose a financial hardship upon such defendant or the such defendants dependent or dependents. Such The defendant shall make the such payment through the probation department to the 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." SECTION 40. Said chapter is further amended by revising Article 4, relating to mental health advocacy for insane, as follows: THURSDAY, MARCH 20, 2008 2245 "ARTICLE 4 17-12-80. As used in this article, the term 'office' means the office of mental health advocacy created by this article. (a) Each governing authority that receives funding for implementation of this chapter shall create a verification system to determine if an applicant qualifies as an indigent person, and in order to retain funding as provided in Code Sections 15-21-74 and 1521A-6, a governing authority shall have an approved indigent person verification system. Each governing authority shall establish the methodology for verification and fund such process. Each governing authority shall produce auditable information to the council to substantiate its verification process as requested by the council or its director. (b) The council shall establish rules and regulations to determine approval of an indigent person verification system and shall annually provide written notification to the Georgia Superior Court Clerks Cooperative Authority as to whether or not a governing authority has an approved indigent person verification system. (c) The governing authority shall advise the circuit public defender of the name of each person who has applied for legal services and provide identifying information for those persons who are financially eligible for services within one business day of such persons application for services. 17-12-81. There is created the office of mental health advocacy for the purpose of undertaking the representation of indigent persons found not guilty by reason of insanity at the time of the crime in any court in this state. The office shall serve all counties of this state. The office shall be a direct successor of the mental health advocacy division of the Georgia Indigent Defense Council created by former Code Section 17-12-45 and all powers, duties, and obligations of such division shall become the powers, duties, and obligations of the office. The employees, assets, and resources of the mental health advocacy division of the Georgia Indigent Defense Council shall be transferred to the office. All references in this Code to the mental health advocacy division of the Georgia Indigent Defense Council shall be deemed to be references to the office. 17-12-82. The office shall be a legal entity; shall have perpetual existence; may contract; may own property; may accept funds, grants, and gifts from any public or private source, which funds shall be used to defray the expenses incident to implementing its purposes; and may establish a principal office. 17-12-83. The council shall be responsible for management of the office. Managerial duties shall include, but are not limited to, the following: (1) Appointment of the mental health advocate; (2) Establishing the salaries of the mental health advocate and the offices staff; 2246 JOURNAL OF THE SENATE (3) Approving the level of staffing and establishing policy consistent with the intent of this chapter; and (4) Preparing an annual budget for the office, administering the funds made available to the office, and overseeing the expenditure of such funds. 17-12-84. 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. Such budget shall be submitted by the mental health advocate to the council. 17-12-85. The mental health advocate shall be appointed by and shall serve at the pleasure of the council. The mental health advocate must be a member in good standing of the State Bar of Georgia with at least three years experience in the practice of law and must be competent to counsel and represent a person found not guilty by reason of insanity at the time of the crime. The salary of the mental health advocate shall be established by the council. 17-12-86. The mental health advocate shall employ, with the advice and consent of the council and in the manner and at the compensation prescribed by the council, as many assistant attorneys, clerks, investigators, paraprofessionals, administrative assistants, and any other persons as may be necessary for carrying out the responsibilities assigned to the office by law. A person employed under this Code section serves at the pleasure of the mental health advocate. 17-12-87. (a) Whenever any person has been found not guilty by reason of insanity at the time of the crime pursuant to Code Section 17-7-131 and has been determined to be indigent, as provided in Article 1 of this chapter, the court in which such charges are pending shall notify the office and the office may assume the defense and representation of such persons in all matters pursuant to Code Section 17-7-131 if the resources, funding, and staffing of the office allow; provided, however, that the circuit public defender or other attorney who represented the indigent at the time of the finding of not guilty by reason of insanity at the time of the crime shall have the option to retain responsibility for the representation of any such person. (b) Nothing in this Code section shall prevent the circuit public defender, the court, or the court appointed attorney from requesting the participation of the office prior to a finding of not guilty by reason of insanity at the time of the crime. The circuit public defender, the court, or the court appointed attorney may request that the office assist in the case prior to a plea being entered and accepted by the court. (c) If for any reason the office is unable to represent any indigent person found not guilty by reason of insanity at the time of the crime, such representation shall be THURSDAY, MARCH 20, 2008 2247 provided as otherwise provided by law. 17-12-88. This article shall become effective on December 31, 2003." SECTION 41. Said chapter is further amended by revising Article 6, relating to the Georgia Capital Defender, as follows: "ARTICLE 6 17-12-120. As used in this article, the term 'office' means the Office of the Georgia Capital Defender created by this article. 17-12-121. There is created the Office of the Georgia Capital Defender to undertake the defense of all indigent persons charged with a capital felony for which the death penalty is being sought in any court in this state and to be the successor to the office of the multicounty public defender. The office shall serve all counties of this state. 17-12-122. The Office of the Georgia Capital Defender shall be a legal entity, shall have perpetual existence, may contract, may own property, may accept funds, grants, and gifts from any public or private source, which funds shall be used to defray the expenses incident to implementing its purposes, and may establish a principal office. 17-12-123. The council shall be responsible for management of the office. Managerial duties shall include, but not be limited to, the following: (1) Appointing the capital defender; (2) Establishing the salaries of the capital defender and the offices staff; (3) Approving the level of staffing and establishing policy consistent with the intent of this article; and (4) Preparing an annual budget for the office, administering the funds made available to the office, and overseeing the expenditure of such funds. 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. 2248 JOURNAL OF THE SENATE 17-12-125. The capital defender shall be appointed by and shall serve at the pleasure of the council. The capital defender must have been licensed to practice law in this state for at least five years and must be competent to counsel and defend a person charged with a capital felony. The salary of the capital defender shall be established by the council. 17-12-126. (a) The capital defender shall employ, with the advice and consent of the council and in the manner and at the compensation prescribed by the council, as many assistant attorneys, clerks, investigators, paraprofessionals, administrative assistants, and other persons as may be necessary for carrying out his or her responsibilities under this article. A person employed under this Code section serves at the pleasure of the capital defender. (b) No person may be assigned the primary responsibility of representing an indigent person accused of a capital offense for which the death penalty is sought unless the person is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a capital felony. 17-12-127. (a) Whenever any person accused of a capital felony for which the death penalty is being sought has been determined to be indigent, as provided in Article 2 of this chapter, the court in which the charges are pending shall notify the office, and the office shall assume the defense of the person if there is no conflict of interest. (b) If for any reason the office is unable to defend any indigent person accused of a capital felony for which the death penalty is being sought, the presiding judge of the superior court in which the case is pending shall appoint counsel to represent the defendant. A maximum of two attorneys shall be paid by the council at an hourly rate established by the council with state funds appropriated to the council for use by the office. The council with the assistance of the office shall establish guidelines for attorneys fees and expense requests. A county governing authority may provide supplemental compensation to appointed counsel. The presiding judge may appoint not more than one additional attorney to represent the defendant; provided, however, that such attorney shall be paid by the county governing authority with county funds at a rate established by the council. (c) The office or appointed counsels defense of a defendant shall include all proceedings in the trial court and any appeals to the Supreme Court of Georgia. Neither the office nor appointed counsel shall assist with any petition for a writ of habeas corpus in federal court. 17-12-127.1. On and after January 1, 2005, any attorney appointed pursuant to Article 5 of this chapter shall continue to represent a defendant under this article and shall be paid for services pursuant to this article. THURSDAY, MARCH 20, 2008 2249 17-12-128. This article shall become effective on January 1, 2005." SECTION 42. This Act shall become effective on July 1, 2008; provided, however, that for purposes of the appointment of the councilmembers and circuit public defender supervisory panel members, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 43. All laws and parts of laws in conflict with this Act are repealed. Senator Harp of the 29th offered following amendment #1: Amend the Senate committee substitute (LC 29 3377S) to HB 1245 by changing Section 29 at page 28 line 30 to read as follows: "(b) In each of the actions and proceedings enumerated in subsection (a) of this code section, entitlement to the services of counsel begins as soon as is feasible and no more than 72 hours after the indigent person is taken into custody or service is made upon him or her of the charge, petition, notice, or other initiating process and such person makes an application for counsel to be appointed." In lieu of subsection (B) as shown. On the adoption of the amendment, the President asked for unanimous consent. Senator Wiles of the 37th objected. On the adoption of the amendment, the yeas were 16, nays 18, and the Harp amendment #1 to the committee substitute was lost. Senators Wiles of the 37th and Seabaugh of the 28th offered the following amendment #2: Amend the Senate Judiciary Committee substitute to HB 1245 by striking the word "finds" on line 25 of page 8 and inserting in lieu thereof the word "funds". By striking line 20 of page 25 and inserting in lieu thereof the following: (b) A maximum of two attorneys shall be paid by the council pursuant to a contractual agreement or at an hourly rate established By inserting after the word "authority" on lines 26 and 29 of page 25 the following: where the indictment was returned By striking line 29 of page 33 and inserting in lieu thereof the following: 2250 JOURNAL OF THE SENATE (a) Each governing authority that operates an indigent defense system pursuant to this chapter shall By inserting after the word "defender" on line 7 of page 34 the following: , if applicable, or the administrator of the indigent defense system for the jurisdiction On the adoption of the amendment, there were no objections, and the Wiles, Seabaugh amendment #2 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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 E Brown Y Bulloch N Butler E Carter E Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath N Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson N Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson N Powell N Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton Y Stoner N Tarver E Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 38, nays 11. HB 1245, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: THURSDAY, MARCH 20, 2008 2251 Senator Jack Hill District 4 234 State Capitol Atlanta, GA 30334 Committees: Appropriations Ethics Natural Resources and the Environment Regulated Industries and Utilities Rules Assignments The State Senate Atlanta, Georgia 30334 March 20, 2008 Mr. Secretary, Please record my vote as "Aye" on HB 1245. /s/ Jack Hill The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Grant of the 25th HB 77. By Representatives Loudermilk of the 14th, Scott of the 2nd, Franklin of the 43rd, Lunsford of the 110th, Mumford of the 95th and others: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to repeal provisions relating to traffic-control signal monitoring devices; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Murphy of the 27th. The amendments to the committee substitute to HB 77 which were previously acted upon can be found in the Senate Journal on Wednesday, March 12, 2008. Senator Rogers of the 21st moved that the Senate reconsider action on amendment #1 to the committee substitute to HB 77. There was no objection and amendment #1 was reconsidered. Senator Rogers of the 21st asked unanimous consent that his amendment #1 to the committee substitute be withdrawn. The consent was granted, and the Rogers et al. amendment #1 to the committee substitute was withdrawn. 2252 JOURNAL OF THE SENATE Senator Cowsert of the 46th asked unanimous consent that his amendment #3 to the committee substitute be withdrawn. The consent was granted, and the Cowsert et al. amendment #3 to the committee substitute was withdrawn. The Balfour amendment #3a to the Cowsert et al. amendment #3 to the committee substitute was moot. Senator Orrock of the 36th asked unanimous consent that amendment #7 to the committee substitute be withdrawn. The consent was granted, and the Brown amendment #7 to the committee substitute was withdrawn. Senator Seabaugh of the 28th moved the previous question. There was no objection. Senators Murphy of the 27th, Rogers of the 21st, Cowsert of the 46th and Balfour of the 9th offered the following amendment #8: Amend the Senate Public Safety Committee substitute to House Bill 77 (LC 35 0861S) by striking on line 24 of page 1 "first-class" and inserting in its place the following: first-class regular By inserting on line 3 of page 3 after the phrase "in open court" the following: or submits to the court a sworn notarized statement By striking on lines 5 and 8 on page 3 the phrase "prior to the return date established on the citation" By inserting between lines 10 and 11 on page 3 the following: SECTION 1.1. Said title is further amended by revising paragraph (5) of subsection (f) of Code Section 40-6-20, relating to enforcement by traffic-control signal monitoring devices, as follows: "(5) If a person summoned by first-class regular mail fails to appear on the date of return set out in the citation and has not paid the penalty for the violation or filed a police report or affidavit notarized statement pursuant to division (3)(D)(ii) or (3)(D)(iii) subparagraph (D) of paragraph (3) of this subsection, the person shall then be summoned a second time by certified mail with a return receipt requested. The second summons shall include all information required in subparagraph (B) of paragraph (3) of this subsection for the initial summons and shall include a new date of return. If a person summoned by certified mail again fails to appear on the date of return set out in the second citation and has failed to pay the penalty or file an appropriate document for rebuttal, the person summoned shall have waived the right THURSDAY, MARCH 20, 2008 2253 to contest the violation and shall be liable for a civil monetary penalty of not more than $70.00." By striking on line 17 of page 4 the word "genuine" and inserting in its place the following: documented By inserting on line 22 of page 4 between the word "design" and the word "changes" the following: or operational By striking on line 1 of page 5 the word "genuine" and inserting in its place the following: documented By inserting on line 16 of page 6 following the phrase "device is operated." the following: The Department of Transportation shall establish minimal yellow light change interval times for traffic-control devices at intersections where a traffic-control signal monitoring device is utilized. The minimal yellow light change interval time shall be established in accordance with nationally recognized engineering standards, and any such established time shall not be less than the recognized national standard plus one additional second. On the adoption of the amendment, there were no objections, and the Murphy et al. amendment #8 to the committee substitute was adopted. Senator Douglas of the 17th offered the following amendment #9: Amend the Senate committee substitute to HB 77 by Section 4, subparagraph (b) delete "2001," replace with "2009" On the adoption of the amendment, the President asked unanimous consent. Senator Seabaugh of the 28th objected. On the adoption of the amendment, the yeas were 1, nays 33, and the Douglas amendment #9 to the committee substitute was lost. Senators Orrock of the 36th, Brown of the 26th, Staton of the 18th, Chapman of the 3rd and Carter of the 13th offered the following amendment #10: Amend the Senate Public Safety Committee substitute to HB 77 (LC 35 0861S) by deleting lines 27 through 31 on page 7. 2254 JOURNAL OF THE SENATE By deleting "(c)" and inserting in lieu thereof "(b)" on line 32 on page 7. By deleting lines 21 through 30 on page 8 and inserting in lieu thereof the following: (c) It is the intent of the General Assembly, subject to the appropriations process, that all revenues generated from the operation of a traffic-control signal monitoring device, less the actual costs to the local political subdivision of installation, maintenance, and operation, shall be used to fund the Georgia Trauma Care Network. Senator Orrock of the 36th asked unanimous consent that her amendment #10 to the committee substitute be withdrawn. The consent was granted, and the Orrock et al. amendment #10 to the committee substitute was withdrawn. Senators Orrock of the 36th, Brown of the 26th, Staton of the 18th, Chapman of the 3rd and Carter of the 13th offered the following amendment #11: Amend the Senate Public Safety Committee substitute to HB 77 (LC 35 0861S) by deleting lines 27 through 31 on page 7. By deleting "(c)" and inserting in lieu thereof "(b)" on line 32 on page 7. By deleting lines 21 through 30 on page 8 and inserting in lieu thereof the following: (c) It is the intent of the General Assembly, subject to the appropriations process, that fifty percent of the revenues generated from the operation of a traffic-control signal monitoring device, less the actual costs to the local political subdivision of installation, maintenance, and operation, shall be used to fund the Georgia Trauma Care Network. On the adoption of the amendment, the President asked unanimous consent. Senator Seabaugh of the 28th objected. On the adoption of the amendment, the yeas were 18, nays 22, and the Orrock et al. amendment #11 was lost. Senators Moody of the 56th, Thomas of the 54th, Butler of the 55th and Unterman of the 45th offered the following amendment #12: Amend LC 35 0861S by inserting after "permits;" on line 8 of page 1 the following: "to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to eliminate certain exceptions to the required use of safety belts; " By inserting a new Section 8A on page 9 between lines 7 and 8 to read as follows: THURSDAY, MARCH 20, 2008 2255 "SECTION 8A. Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, is amended by revising subsection (a) as follows: "(a) As used in this Code section, the term 'passenger vehicle' means every motor vehicle, including, but not limited to, pickup trucks, vans, or sport utility vehicles, designed to carry ten passengers or less fewer and used for the transportation of persons. Such term shall not include motorcycles, motor driven cycles, or farm vehicles equipped for and used primarily for off-road agricultural use but shall not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped for off-road use, provided that the term 'passenger vehicle' includes any sport utility vehicle and also includes pickup trucks for any occupant who is under 18 years of age." Senator Moody of the 56th asked unanimous consent that his amendment #12 to the committee substitute be withdrawn. The consent was granted, and the Moody et al. amendment #12 to the committee substitute was withdrawn. On the adoption of the substitute, there were no objections, 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 E Brown Y Bulloch N Butler E Carter E Chance Y Chapman Y Cowsert Y Davenport N Douglas N Fort Y Goggans E Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens N Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams 2256 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 45, nays 5. HB 77, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: SB 145. By Senators Smith of the 52nd, Johnson of the 1st, Williams of the 19th, Seabaugh of the 28th, Moody of the 56th and others: A BILL to be entitled an Act to amend Code Section 16-5-1 and Chapter 10 of Title 17 of the O.C.G.A., relating to murder and felony murder and sentencing and punishment, respectively, so as to provide for the imposition of life without parole of persons convicted of murder independently of a death penalty prosecution; to repeal certain provisions relating to imprisonment for life without parole and finding statutory aggravating circumstance; to provide for certain information to be reported to the court under certain circumstances; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Code Section 16-5-1 and Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to murder and felony murder and sentencing and punishment, respectively, so as to provide for the imposition of life without parole of persons convicted of murder independently of a death penalty prosecution; to provide that the sentence of life without parole may be imposed without the necessity of the trier of fact making a recommendation of such sentence or finding statutory aggravating circumstances; to change certain provisions relating to punishment for serious violent offenders; to repeal certain provisions relating to imprisonment for life without parole and finding statutory aggravating circumstance; to provide for certain information to be reported to the court under certain circumstances; to repeal provisions relating to duties of the judge and certain jury instructions; to repeal provisions relating to sentencing of person subject to death penalty or life without parole upon a plea of guilty and the duties of the judge; 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. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subsection (d) of Code Section 16-5-1, relating to murder, as THURSDAY, MARCH 20, 2008 2257 follows: "(d) A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life." SECTION 2. Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentencing and punishment in criminal cases, is amended by revising Code Section 17-10-2, relating to conducting presentence hearings in felony cases and the effect of reversal for error in presentence hearings, as follows: "17-10-2. (a)(1) Except in cases in which the death penalty or life without parole may be imposed, upon the return of a verdict of 'guilty' by the jury in any felony case, the judge shall dismiss the jury and shall conduct a presentence hearing at which the only issue shall be the determination of punishment to be imposed. In the hearing the judge shall hear additional evidence in extenuation, mitigation, and aggravation of punishment, including the record of any prior criminal convictions and pleas of guilty or nolo contendere of the defendant, or the absence of any prior conviction and pleas. (2) The judge shall also hear argument by the defendant or the defendants counsel and the prosecuting attorney, as provided by law, regarding the punishment to be imposed. Except in cases where the death penalty may be imposed, the prosecuting attorney shall open and conclude the argument. In cases where the death penalty may be imposed, the prosecuting attorney shall open and the defendant or the defendants counsel shall conclude the argument. (3) Upon the conclusion of the evidence and arguments, the judge shall impose the sentence or shall recess the trial for the purpose of taking the sentence to be imposed under advisement. The judge shall fix a sentence within the limits prescribed by law. (b) In cases in which the death penalty or life without parole may be imposed, the judge, when sitting without a jury, in addition to the procedure set forth in subsection (a) of this Code section, shall follow the procedures provided for in Code Sections Section 17-10-30 and 17-10-30.1. (c) In all cases tried by a jury in which the death penalty or life without parole may be imposed, upon a return of a verdict of 'guilty' by the jury, the court shall resume the trial and conduct a presentence hearing before the jury. The hearing shall be conducted in the same manner as presentence hearings conducted before the judge as provided for in subsection (a) of this Code section. Upon the conclusion of the evidence and arguments, the judge shall give the jury appropriate instructions, and the jury shall retire to determine whether any mitigating or aggravating circumstances, as defined in Code Section 17-10-30, exist and whether to recommend mercy for the defendant. Upon the findings of the jury, the judge shall fix a sentence within the limits prescribed by law. (d) If the trial court is reversed on appeal because of error only in the presentence hearing, the new trial which may be ordered shall apply only to the issue of punishment." 2258 JOURNAL OF THE SENATE SECTION 3. Said chapter is further amended by revising subsection (c) of Code Section 17-10-6.1, relating to punishment for serious violent offenders, as follows: "(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 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 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) For a first conviction of a serious violent felony in which the defendant has been sentenced to imprisonment for life without parole, that person shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles or for any earned time, early release, work release, leave, or other sentencereducing measures under programs administered by the Department of Corrections. (4) Except as otherwise provided in this subsection, any 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." SECTION 4. Said chapter is further amended by repealing Code Section 17-10-30.1, relating to imprisonment for life without parole and finding of statutory aggravating circumstance required. SECTION 5. Said chapter is further amended by revising Code Section 17-10-31, relating to the requirement of a jury finding aggravating circumstance and recommendation of death penalty prior to imposition, as follows: "17-10-31. (a) Where, upon a trial by jury, a person is convicted of an offense which may be THURSDAY, MARCH 20, 2008 2259 punishable by death, a sentence of death shall not be imposed unless the jury verdict includes a finding of at least one statutory aggravating circumstance and a recommendation that such sentence be imposed. Where a statutory aggravating circumstance is found and a recommendation of death is made, the court shall sentence the defendant to death. Where a sentence of death is not recommended by the jury, the court shall sentence the defendant to imprisonment as provided by law. Where a statutory aggravating circumstance is not found or where a statutory circumstance is found but a recommendation of death is not made, the jury shall decide whether to recommend a sentence of life imprisonment without parole or life imprisonment with the possibility of parole. Unless the jury trying the case makes a finding of at least one statutory aggravating circumstance and recommends the death sentence in its verdict, the court shall not sentence the defendant to death, provided that no such finding of statutory aggravating circumstance shall be necessary in offenses of treason or aircraft hijacking. This Code section shall not affect a sentence when the case is tried without a jury or when the judge accepts a plea of guilty. (b) During the sentencing phase before a jury, counsel for the state and the accused may present argument and the trial judge may instruct the jury: (1) That 'life without parole' means that the defendant shall be incarcerated for the remainder of his or her natural life and shall not be eligible for parole unless such person is subsequently adjudicated to be innocent of the offense for which he or she was sentenced; and (2) That 'life imprisonment' means that the defendant will be incarcerated for the remainder of his or her natural life but will be eligible for parole during the term of such sentence. (c) If the jury is unable to reach a unanimous verdict as to sentence, the judge shall inquire of the foreperson what the jurys vote for sentence was upon their last vote. Thereafter, the judge shall dismiss the jury and shall impose a sentence of death, imprisonment for life without parole, or life imprisonment with the possibility of parole; provided, however, that the judge may only impose a sentence of death if at least ten of the jurors cast their vote for a sentence of death." SECTION 6. Said chapter is further amended by repealing Code Section 17-10-31.1, relating to the requirement of a jury finding of aggravating circumstance and recommendation of sentence of death or life without parole, duties of the judge, and jury instruction on meaning of "life without parole" and "life imprisonment." SECTION 7. Said chapter is further amended by repealing Code Section 17-10-32.1, relating to sentencing of person subject to death penalty or life without parole upon a plea of guilty and the duties of the judge. 2260 JOURNAL OF THE SENATE SECTION 8. Except as provided in this section, the provisions of this Act shall apply only to those offenses committed after July 1, 2008. With express written consent of the state, a defendant whose offense was committed prior to July 1, 2008, may elect in writing to be sentenced under the provisions of this Act, provided that: (1) jeopardy for the offense charged has not attached or (2) the defendant has been sentenced to death but the conviction or sentence has been reversed on appeal and the state is not barred from seeking prosecution after the remand. SECTION 9. Except as provided in Section 8 of this Act, the amendment or repeal of a Code section by this Act shall not affect any sentence imposed by any court of this state prior to July 1, 2008. SECTION 10. A person may be sentenced to life without parole without the prosecutor seeking the death penalty under the laws of this state. SECTION 11. (a) This Act shall become effective on July 1, 2008, and shall apply to all crimes committed on and after such date and except as provided in Section 8 of this Act, the law set forth in Section 2, and Sections 3 through 7 of this Act as it existed on June 30, 2008, shall apply to all offenses committed on and before June 30, 2008. (b) 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 12. All laws and parts of laws in conflict with this Act are repealed. Senator Smith of the 52nd moved that the Senate agree to the House substitute to SB 145 as amended by the following amendment: Amend the House substitute to Senate Bill 145 (SB145/HCSFA) by striking lines 26 through 31 of page 4 and inserting in lieu thereof the following: (c) If the jury is unable to reach a unanimous verdict as to sentence, the judge shall dismiss the jury and shall impose a sentence of either life imprisonment or imprisonment for life without parole." On the motion, a roll call was taken and the vote was as follows: THURSDAY, MARCH 20, 2008 2261 E Adelman N Balfour E Brown Y Bulloch Y Butler Y Carter E Chance Y Chapman Y Cowsert Y Davenport N Douglas Y Fort Y Goggans E Golden Y Grant N Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson N Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers N Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson Y Unterman Y Weber N Wiles Williams On the motion, the yeas were 44, nays 7; the motion prevailed, and the Senate agreed to the House substitute to SB 145 as amended by the Senate. The following communication was received by the Secretary: Senator John Douglas 302-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Veterans, Military and Homeland Security Science and Technology Education and Youth Transportation The State Senate Atlanta, Georgia 30334 March 20, 2008 To: Secretary of the Senate Please change the official record of March 20, 2008 to indicate a Yes vote for me on the committee substitute for SB 145. Thank you. /s/ John Douglas 2262 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: SB 82. By Senators Weber of the 40th, Johnson of the 1st, Shafer of the 48th 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; to provide for codes; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from DeKalb County to the City of Dunwoody; to provide for severability; to repeal conflicting laws; and for other purposes. The House substitute was as follows: 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; to provide for 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, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for ethics and disclosures; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for homestead exemptions; to provide for bonds for officials; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from DeKalb County to the City of Dunwoody; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other THURSDAY, MARCH 20, 2008 2263 purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I CREATION, INCORPORATION, POWERS SECTION 1.01. Incorporation. This Act shall constitute the charter of the City of Dunwoody, Georgia. The City of Dunwoody, Georgia, in the County of DeKalb, and the inhabitants thereof, are constituted and declared a body politic and corporate under the same name and style of the "City of Dunwoody" and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all courts of law and equity, and in all actions whatsoever, and may have and use a common seal. SECTION 1.02. Corporate boundaries. The boundaries of the City of Dunwoody shall be those set forth and described in Appendix A of this charter, and said Appendix A is incorporated into and made a part of this charter. The city clerk shall maintain a current map and written legal description of the corporate boundaries of the city, and such map and description shall incorporate any changes which may hereafter be made in such corporate boundaries. SECTION 1.03. Powers and construction. (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 Act. This city shall have all the powers of selfgovernment not otherwise prohibited by this Act 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. These powers shall include, but not be limited to, the following: (1) 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 hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the 2264 JOURNAL OF THE SENATE government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades to the extent permitted by general law; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. (A) To condemn property inside the corporate limits of the city for present or future use and for any public purpose deemed necessary by the city council utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (B) The municipality shall have the right to condemn and cause to be remediated or removed any building, structure, or existing condition within its corporate limits that is dangerous to life, limb, or property, by reasons of decay, dilapidation, or unsanitary condition. Nothing in this subparagraph shall be construed to relieve the municipality of any duty to give owners or interested persons reasonable notice and opportunity to remedy the situation. Nothing in this subparagraph shall be construed as relieving the municipality of liability to any interested person for damages to person or property taken or destroyed in furtherance of this subparagraph. This subparagraph shall not be construed as authorizing the doing of any act or thing contrary to the Constitution of this state and the policy of the general laws of this state. The municipality shall have authority to adopt reasonable ordinances and resolutions for the purpose of carrying out this subparagraph; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without 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; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the enactment of ordinances that preserve and improve air quality, restore and maintain water resources, the control of erosion and sedimentation, manage storm water and establish a storm-water utility, manage solid and hazardous waste, and provide other necessary or beneficial actions for the protection of the environment. These THURSDAY, MARCH 20, 2008 2265 ordinances shall include, without limitation, ordinances that protect, maintain, and enhance the public health, safety, environment and general welfare and minimize public and private losses due to flood conditions in flood hazard areas, as well as protect the beneficial uses of floodplain areas for water quality protection, stream bank and stream corridor protection, wetlands preservation and ecological and environmental protection. Such ordinances may: require that users vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; restrict or prohibit uses which are dangerous to health, safety, and property due to flooding or erosion hazards, or which increase flood heights, velocities, or erosion; control filling, grading, dredging and other development which may increase flood damage or erosion; prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; limit the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; and protect the storm-water management, water quality, stream bank protection, stream corridor protection, wetland preservation and ecological functions of natural floodplain areas; (9) Ethics. To adopt ethics ordinances and regulations governing such things as, but not limited to, the conduct of municipal elected officials, appointed officials, contractors, vendors and employees, establishing procedures for ethics complaints, and setting forth penalties for violations of such rules and procedures; (10) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (11) 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 therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges, taxes, or fees; (12) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (14) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (15) Homestead Exemption. To establish and maintain procedures for offering homestead exemptions to residents of the city and maintaining current homestead exemptions of residents of the city as authorized by Act of the General Assembly; 2266 JOURNAL OF THE SENATE (16) Jail sentences. To provide that persons given jail sentences in the citys court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; to provide for the use of pretrial diversion and any alternative sentencing allowed by law; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (17) 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; (18) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices not specified in this charter, commissions, authorities, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (19) 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; (20) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (21) 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; (22) 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, storm-water management, gasworks, electricity generating plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (23) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (24) 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; (25) Planning and zoning. To provide comprehensive city planning for city land use, signage and outside advertising, and development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (26) 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; (27) Public hazards; removal. To provide for the destruction and removal of any building or other structure that is or may become dangerous or detrimental to the THURSDAY, MARCH 20, 2008 2267 public; (28) Public improvements. To provide for the acquisition, construction, building, operation, maintenance, or abolition of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside the corporate limits of the city and 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; (29) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (30) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (31) Public utilities and services. To grant franchises or make contracts for, or impose taxes on, public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (32) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (33) Employee benefits. To provide and maintain a retirement plan, insurance, and such other employee benefits for appointed officers and employees of the city, as are determined by the city council; (34) 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; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements, subject to referendum; (37) Taxes; ad valorem. To levy and provide for the assessment, valuation, 2268 JOURNAL OF THE SENATE revaluation, and collection of taxes on all property subject to taxation; provided, however, that: (A) The millage rate imposed for ad valorem taxes on real property shall not exceed 3.04 unless a higher limit is recommended by resolution of the city council and approved by a majority of the qualified voters of the City of Dunwoody voting on the issue; (B) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of DeKalb County, as provided in Code Section 48-5-352 of the O.C.G.A.; and (38) Taxes: other. To levy and collect such other taxes and fees as may be allowed now or in the future by law; (39) 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; to inspect said vehicles and mandate standards of safety and cleanliness; and to regulate the parking of such vehicles; (40) Tourism, Conventions, and Trade Shows. To provide for the structure, operation, or management of the Dunwoody Convention and Visitors Bureau created pursuant to Section 1.05 of this charter and to authorize the City of Dunwoody to contract with private sector nonprofit organizations or other governmental agencies to promote tourism, conventions, and trade shows. (41) Urban redevelopment. To organize and operate an urban redevelopment program; and (42) 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 or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and any listing of particular powers in this charter shall not be held to be exclusive of others or restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. SECTION 1.04. 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 Act. 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. THURSDAY, MARCH 20, 2008 2269 SECTION 1.05. Tourism, conventions, and trade shows. The Dunwoody Convention and Visitors Bureau is hereby created. ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND LEGISLATIVE BRANCH SECTION 2.01. City council creation; number; election. (a) The legislative authority of the government of the City of Dunwoody, except as otherwise specifically provided in this Act, shall be vested in a city council of which the mayor shall be a voting member. (b)(1) The city council of Dunwoody, Georgia shall consist of six members, plus the mayor. (2) There shall be three council districts, designated Council Districts 1 through 3, as described in Appendix B of this Act, which is attached to and made a part of this charter of the City of Dunwoody. (3) One councilmember shall be elected from each of the three council districts and shall hold Council Posts 1, 2, and 3, respectively. Each person desiring to offer as a candidate for councilmember for such posts shall designate the council post for which he or she is offering. Councilmembers for such posts shall be elected by a majority vote of the qualified electors of the respective council districts voting at the elections of the city. In the event that no candidate for a council post obtains a majority vote of the qualified electors of the council district voting in the election, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election for such council post will be included in the run-off election. The person receiving the highest number of votes of the qualified electors of the council district voting at such run-off election shall be elected. Each candidate for election to the city council must reside in the district he or she seeks to represent. (4) Three councilmembers shall be elected from the city at large and shall represent Council Posts 4, 5, and 6. Candidates offering for election to Council Post 4 shall reside in Council District 1, candidates offering for election to Council Post 5 shall reside in Council District 2, and candidates offering for election to Council Post 6 shall reside in Council District 3. Each person desiring to offer as a candidate for councilmember for such posts shall designate the council post for which he or she is offering. Councilmembers for such posts shall be elected by a majority vote of the qualified electors of the entire city voting at the elections of the city. In the event that no candidate for a council post obtains a majority vote of the qualified electors of the entire city voting in the election, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election for such council post will be included in the run-off election. The person receiving the highest number of votes of 2270 JOURNAL OF THE SENATE the qualified electors of the city voting at such run-off election shall be elected. (c) With the exception of the initial terms set forth in subsection (d) of this section, councilmembers shall be elected to terms of four years and until their successors are elected and qualified on a staggered basis in alternate election cycles such that every two years three councilmembers are up for election. (d) In order to assure staggered elections of the councilmembers, in the first election of the city council the terms for the candidates elected for Council Posts 1, 2, and 3 shall expire upon the administration of the oath of office to their successors elected in the regular elections held in November 2009 as provided in subsection (b) of Section 2.02. The terms for the candidates elected for Council Posts 4, 5, and 6 shall expire upon the administration of the oath of office to their successors elected in the regular elections held in November 2011 as provided in subsection (b) of Section 2.02. Thereafter, a successor to each councilmember shall be elected at the November election immediately preceding the end of such councilmembers term of office and the term of each councilmember shall expire upon the administration of the oath of office to his or her successor. (e) With the exception of the initial term of office, a mayor of the City of Dunwoody, with the powers and duties specified herein, shall be elected to a term of four years and until his or her successor is elected and qualified. The mayor shall be elected by a majority vote of the qualified electors of the city at large voting at the elections of the city. In the event that no candidate for mayor obtains a majority vote of the qualified electors of the city at large voting at the elections of the city, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election shall be included in the run-off election and the candidate receiving the highest number of votes in the runoff of the qualified electors of the city at large voting at such runoff shall be elected. The term of the first elected mayor shall expire upon the administration of the oath of office to his or her successor elected in the regular election held in November, 2011, as provided in subsection (b) of Section 2.02. Thereafter, a successor to each mayor shall be elected at the November election immediately preceding the end of such mayors term of office and the term of each mayor shall expire upon the administration of the oath of office to his or her successor. SECTION 2.02. Mayor and councilmembers; terms and qualifications for office. (a) For all elections subsequent to the first election, the mayor and councilmembers shall serve for terms of four years and until their terms shall expire upon the administration of the oath of office to their successors. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the City of Dunwoody for a continuous period of at least 12 months immediately prior to the date of the election for mayor or councilmember, shall continue to reside therein during that persons period of service, and shall continue to be registered and qualified to vote in municipal elections of the City of Dunwoody. In addition to the above requirements, no person shall be eligible to serve as a councilmember representing a council district unless that person has been a THURSDAY, MARCH 20, 2008 2271 resident of the district such person seeks to represent for a continuous period of at least six months immediately prior to the date of the election for councilmember and continues to reside in such district during that persons period of service. (b) An election shall be held on the third Tuesday in September, 2008, to elect the first mayor and city council. At such election, the first mayor and council shall be elected to serve for the initial terms of office specified in Sections 2.01(d) and 2.01(e). 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 2009. (c) The number of successive terms an individual may hold a position as a councilmember shall be unlimited. (d) The number of successive terms an individual may hold the position of Mayor shall be limited to two terms. An individual who serves as mayor for either one term or two consecutive terms, may stand for subsequent elections provided the individual is not the mayor at time of such elections. SECTION 2.03. Vacancy; filling of vacancies; suspensions. (a) Elected officials of the city cannot hold other elected or public offices. The elected offices of the citys government will become vacant upon the members death, resignation, removal, or forfeiture of office. The following shall result in an elected city official forfeiting his or her office: (1) Violating the provisions of this charter; (2) Being convicted of, or pleading guilty or "no contest" to, a felony or a crime of moral turpitude; or (3) Failing to attend one-third of the regular meetings of the council in a three-month period without being excused by the council. (b) The office of mayor shall become vacant upon the incumbents death, resignation, forfeiture of office, or removal from office in any manner authorized by this Act or the general laws of the State of Georgia. A vacancy in the office of mayor shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 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. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor. (c) The office of a councilmember shall become vacant upon the incumbents death, resignation, forfeiture of office, or removal from office in any manner authorized by this Act or the general laws of the State of Georgia. A vacancy in the office of a councilmember shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the mayor shall appoint a successor for the remainder of the term subject to the 2272 JOURNAL OF THE SENATE approval of the city council or those members remaining. This provision shall also apply to a temporary vacancy created by the suspension from office of a councilmember. SECTION 2.04. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designation. SECTION 2.05. Election votes. The candidates for mayor and city council who receive a majority vote of the qualified electors of the city at large voting at the elections of the city shall be elected to a term of office. SECTION 2.06. Applicability of general laws; qualifying; other provisions. All elections 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 or otherwise provided by law. Except as otherwise provided by this Act, the city council shall, by ordinance or resolution, prescribe such rules and regulations as it deems appropriate, including but not limited to the establishment of qualifying fees, to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended or otherwise provided by law. SECTION 2.07. Compensation and expenses. The annual salary of the mayor shall be $16,000.00 and the annual salary for each councilmember shall be $12,000.00. Such salaries shall be paid from municipal funds in monthly installments. The mayor shall be provided an annual expense allowance of $5,000.00 and each councilmember shall be provided an annual expense allowance of $3,000.00 for the reimbursement of expenses actually and necessarily incurred by the mayor and councilmembers in carrying out their duties as elected officials of the city. SECTION 2.08. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and 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 THURSDAY, MARCH 20, 2008 2273 by the city council shall be punished as may be provided by ordinance. SECTION 2.09. Meetings, oath of office, and mayor pro tempore. (a) The city council shall meet on the first working day in January immediately following each regular municipal election. The meeting shall be called to order by the mayor-elect and the oath of office shall be administered to the newly elected mayor and councilmembers collectively by a judicial officer authorized to administer oaths. The oath shall, to the extent that it comports with federal and state law, be as follows: "I do solemnly swear or affirm that I will faithfully execute the office of [councilmember or mayor as the case may be] of the City of Dunwoody, and will to the best of my ability support and defend the Constitution of the United States, the Constitution of Georgia, and the charter, ordinances, and regulations of the City of Dunwoody. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. 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 by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of my district and the City of Dunwoody for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interests of the City of Dunwoody to the best of my ability without fear, favor, affection, reward, or expectation thereof." (b) Following the induction of the mayor and councilmembers, the city council, by a majority vote of the councilmembers, shall elect a councilmember to be mayor pro tempore, who shall serve for a term of two years and until a successor is elected and qualified. The number of successive terms an individual may hold a position as mayor pro tempore shall be unlimited. (c) The mayor pro tempore shall assume the duties and powers of the mayor during the mayors temporary disability, suspension, or absence. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining councilmembers, chosen by the councilmembers present, shall be clothed with all the rights and privileges of the mayor as described herein and shall perform the mayors duties in the same manner as the mayor pro tempore. (d) The city council shall, at least once a month, hold regular meetings at such times and places as prescribed by ordinance. The city council may recess any regular meeting and continue such meeting on any day or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (e) Special meetings of the city council may be held on the call of either the mayor and one councilmember or three councilmembers. Notice of such special meetings shall be delivered to all councilmembers, the mayor, and the city manager personally, by registered mail, or by electronic means at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor, all councilmembers, and city manager are 2274 JOURNAL OF THE SENATE present when the special meeting is called. Such notice of any special meeting may be waived by the mayor, a councilmember, or the city manager in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the call may be transacted at the special meeting. SECTION 2.10. Quorum; voting. (a) Four councilmembers shall constitute a quorum and shall be authorized to transact business for the city council. The mayor shall be counted toward the making of a quorum. Voting on the adoption of ordinances shall be taken by voice vote and the yeas and nays shall be recorded in the minutes, but on the request of any member there shall be a roll-call vote. In order for any ordinance, resolution, motion, or other action of the city council to be adopted, the measure must receive at least three affirmative votes and must receive the affirmative votes of a majority of those voting. No councilmember, nor the mayor, shall abstain from voting on any matter properly brought before the city council for official action except when such councilmember has a reason which is disclosed in writing prior to or at the meeting and made a part of the minutes. If any councilmember or the mayor is present and eligible to vote on a matter and refuses to do so for a reason he or she will not disclose he or she shall be deemed to have voted with the majority of the votes of the other councilmembers on the issue involved; provided further that if there is a tie in the vote of the voting councilmembers, then the mayor and each councilmember shall be required to vote unless he or she discloses a reason for not voting. The mayor shall have one vote on all matters brought before the council. (b) The following types of actions require an ordinance in order to have the force of law: (1) Adopt or amend an administrative code or establish, alter or abolish a department, office not specified in this charter, or agency; (2) Provide for fine or other penalty; (3) Levy taxes; (4) Grant, renew, or extend a franchise; (5) Regulate a rate for a public utility; (6) Authorize the borrowing of money; (7) Convey, lease or encumber city land; (8) Regulate land use and development; and (9) Amend or repeal an ordinance already adopted. (c) The city council shall establish by ordinance procedures for convening emergency meetings. In an emergency, an ordinance can be passed without notice or hearings if the city council passes the ordinance by three-fourths vote; provided, however, that the city council cannot in an emergency meeting: (1) Levy taxes; (2) Grant, renew, or extend a franchise; (3) Regulate a rate for a public utility; or THURSDAY, MARCH 20, 2008 2275 (4) Borrow money. SECTION 2.11. General power and authority of the city council. (a) Except as otherwise provided by law or by this charter, the city council shall be vested with all the powers of government of the City of Dunwoody as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Dunwoody and may enforce such ordinances by imposing penalties for violation thereof. SECTION 2.12. Administrative and service departments. (a) Except for the office of city manager and the elected positions provided for in this charter, the city council, by ordinance, may establish, abolish, merge, or consolidate offices not specified in this charter, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and city council. SECTION 2.13. 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 2276 JOURNAL OF THE SENATE 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, except as required by law; (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; "Valuable" shall be an amount determined by the city council; provided, however, that the amount shall not exceed $100.00; (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, or members of his or her immediate family, 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. "Private financial interest" shall include interests of immediate family. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose in writing such private interest and such disclosure shall be entered on the 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 city council shall hold any other elective city office or be employed by any city or county government during the term for which elected. THURSDAY, MARCH 20, 2008 2277 SECTION 2.14. Boards, commissions, and authorities. (a) All members of boards, commissions, and authorities of the city shall be appointed by the mayor subject to confirmation by the city council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. (b) No member of any board, commission, or authority of the city shall hold any elective office in the city. Councilmembers and the mayor, however, may serve as ex officio members of such boards, commissions, or authorities, without a vote. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment, except as otherwise provided by this charter or any applicable law of the State of Georgia. (d) No member of any board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the city council and administered by the mayor or a judicial officer authorized to administer oaths. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the councilmembers in accordance with state laws. (f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or applicable state law as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the designated officer of the city. SECTION 2.15. Ordinance form; procedures. (a) Every proposed ordinance and resolution shall be introduced in writing and the city council shall have the authority to approve, disapprove, or amend the same. A resolution may be passed at the time it is offered, but an ordinance shall not be adopted until the title of said ordinance shall have been read at two city council meetings, provided that the beginning of said meetings be not less than 24 hours nor more than 60 days apart. This requirement of two readings shall not apply to emergency ordinances, to ordinances passed during the first 90 days from the date on which the city begins operation, to 2278 JOURNAL OF THE SENATE ordinances adopted at the first business meeting of the city council in a calendar year, or to ordinances adopted at the first meeting of the initial city council as elected under subsection (b) of Section 2.02. The catchlines of sections of this charter or any ordinance printed in boldface type, italics, or otherwise, are intended as mere catchwords to indicate the contents of the section, and: (1) Shall not be deemed or taken to be titles of such sections or as any part of the section; and (2) Shall not be so deemed when any of such sections, including the catchlines, are amended or reenacted unless expressly provided to the contrary. Furthermore, the chapter, article, and section headings contained in this Act shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any chapter, article, or section hereof. (d) The city council may, by ordinance or resolution, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent councilmembers. Such rules may include punishment for contemptuous behavior conducted in the presence of the city council. SECTION 2.16. Submission of ordinances to the city clerk. (a) Every ordinance, resolution, and other action adopted by the city council shall be presented to the city clerk within 15 days of its adoption or approval. The city clerk shall record upon the ordinance the date of its delivery from the city council. (b) An ordinance or resolution that has been passed by the city council shall become effective on the date the ordinance is passed by the city council or on such other date as may be specified in the ordinance. ARTICLE III EXECUTIVE BRANCH SECTION 3.01. Powers and duties of the mayor. (a) The mayor shall: (1) Preside over all meetings of the city council; (2) Set the agenda for meetings of the city council after receiving input from members of the city council, the city manager, and the public; provided, however that an additional item shall be added to the agenda upon the written request of any member of the city council; (3) Serve as the ceremonial head of the city and as its official representative to federal, state, and local governmental bodies and officials; (4) Sign all orders, checks, and warrants for payment of money within a level of THURSDAY, MARCH 20, 2008 2279 authorization as established by the city council; (5) Execute all contracts, deeds, and other obligations of the city within a level of authorization as established by the city council; (6) Vote in all matters before the city council as provided in Section 2.10(a) of this charter; (7) Make all appointments of city officers as provided by this charter, subject to confirmation by the city council; (8) Serve in a part-time capacity and be compensated accordingly; and (9) Perform any other duties and exercise any other powers required by state or federal law or authorized by a duly adopted ordinance that is not in conflict with this charter. (b) The mayor shall have the authority to transfer appropriations within a department, fund, service, strategy or organizational unit but only with approval of the city council. (c) The mayor shall have the authority to certify that a supplemental appropriation is possible due to unexpected revenue increases but only with approval of the city council. (d) The mayor shall have all of the powers specifically granted to the mayor elsewhere in this charter regardless of whether such powers are enumerated in this Section 3.01. SECTION 3.02. City manager; appointment and qualification. The mayor shall appoint, subject to confirmation by the city council, an officer whose title shall be the "city manager." The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her education and experience in the accepted competencies and practices of local government management. SECTION 3.03. City manager; chief administrative officer. The city manager shall be the chief administrative officer of the government of the city. 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 city council for the proper and efficient administration of the affairs of the city over which said officer has jurisdiction. SECTION 3.04. 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 the power of this appointment shall not include officers and employees who by this charter are appointed or elected by the mayor and the city council or departments not under the jurisdiction of the city manager; 2280 JOURNAL OF THE SENATE (3) Remove employees appointed and employed under Section 3.04(2), without the consent of the city council and without assigning any reason therefor; (4) Exercise supervision and control of all departments and all divisions created in this charter or that may hereafter be created by the city council except as otherwise provided in this charter; (5) Attend all meetings of the city council, without a right to vote, but with a right to take part in the discussions as seen fit by the chair; provided, however, that regardless of the decision of the meeting chair the city manager may take part in any discussion and report on any matter requested and approved by the city council at such meeting. The city manager shall be entitled to notice of all special meetings; (6) Recommend to the city council, after prior review and comment by the mayor, for adoption such measures as the city manager may deem necessary or expedient; (7) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and upon 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 the city managers level of authorization as established by the city council 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 city council; (9) Sign all orders, checks, and warrants for payment of money within the city managers level of authorization as established by the city council 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 such order, check, or warrant requiring a budget amendment shall be valid and binding until after approval of the city council; (10) Act as budget officer to prepare and submit to the city council, after review and comment 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; (11) Keep the city council at all times fully advised as to the financial condition and needs of the city; (12) Make a full written report to the city council on the fifteenth 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 city clerk; (13) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; and (14) Perform such other duties as may be prescribed by this charter or required by ordinance or resolution of the city council. THURSDAY, MARCH 20, 2008 2281 SECTION 3.05. City 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 subject to the direction or supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. SECTION 3.06. City manager; removal. (a) The mayor and city council may remove the city manager from office in accordance with the following procedures: (1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution removing the city manager and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, he or she may file with the city council a written request for a public hearing. This hearing shall be held at a city council meeting not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and (3) The city council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of four of its members at any time after five days from the date when a copy of the preliminary resolution was delivered to the city manager, if he or she has not requested a public hearing, or at any time after the public hearing if he or she has requested one. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of his or her removal. The action of the city council in suspending or removing the city manager shall not be subject to review by any court or agency. (c) If the city manager is suspended in accordance with subsection (a) of this section or becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city managers disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section. SECTION 3.07. Acting city manager. (a) The mayor with the approval of the city council may appoint any person to exercise all powers, duties, and functions of the city manager during the city managers 2282 JOURNAL OF THE SENATE suspension under Section 3.06(a), temporary absence from the city, or during the city managers disability. (b) In the event of a vacancy in the office of city manager, the mayor may designate with the approval of the city council a person as acting city manager, who shall exercise all powers, duties, and functions of the city manager until a city manager is appointed. SECTION 3.08. City attorney. The mayor shall appoint the city attorney(s) together with such assistant city attorneys as may be deemed appropriate subject to confirmation by the city council and shall provide for the payment of such attorney(s) for services rendered to the city. The rates or salary paid to any city attorney or assistant city attorney shall be approved in advance by the city council. The city attorney(s) 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 city council as directed; shall advise the city council, mayor, other officers, and employees of the city concerning legal aspects of the citys affairs; and shall perform such other duties as may be required by virtue of his or her position as city attorney. The city attorney(s) shall review all contracts of the city but shall not have the power to bind the city. SECTION 3.09. City clerk. The mayor may appoint a city clerk subject to confirmation by the city council to keep a journal of the proceedings of the city council; to maintain in a safe place all records and documents pertaining to the affairs of the city; and to perform such duties as may be required by law or ordinance or as the mayor or city manager may direct. SECTION 3.10. Tax collector. The mayor may appoint a tax collector subject to confirmation by the city council to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city; and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities. SECTION 3.11. City accountant. The mayor may appoint a city accountant subject to confirmation by the city council to perform the duties of an accountant. THURSDAY, MARCH 20, 2008 2283 SECTION 3.12. City internal auditor. The city council shall appoint an internal auditor to audit the financial records and expenditures of city funds and to report the results of such audits in writing to the city council at times and intervals set by the city council but no less than quarterly. Such audit reports shall, at a minimum, identify all city expenditures and other financial matters that the internal auditor either determines are not in compliance with or cannot conclusively be determined to be in compliance with (a) the provisions of this charter, (b) the applicable city budget, and (c) applicable ordinances, resolutions, or other actions duly adopted or approved under the provisions of this charter. SECTION 3.13. Consolidation of functions. The city manager, with the approval of the city council, may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The city manager may also, with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of the appointment of other persons to perform the same. SECTION 3.14. Position classification and pay plans; employment at will. The city manager shall be responsible for the preparation of a position classification and a pay plan which shall be submitted to the city council for approval. Said plan may apply to all employees of the City of Dunwoody and any of its agencies and offices. When a pay plan has been adopted by the city council, neither the city council nor the city manager shall increase or decrease the salaries of individual employees except in conformity with such pay plan or pursuant to an amendment of said pay plan duly adopted by the city council. Except as otherwise provided in this charter, all employees of the city shall be subject to removal or discharge, with or without cause, at any time. ARTICLE IV MUNICIPAL COURT SECTION 4.01. Creation. There is established a court to be known as the Municipal Court of the City of Dunwoody which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law, 2284 JOURNAL OF THE SENATE including ordinances of the city; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal courts to the extent of, and in accordance with, the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the judge pro tempore shall preside and shall exercise the same powers and duties as the judge when so acting. SECTION 4.02. Judge(s). (a) No person shall be qualified or eligible to serve as judge unless he or she shall have attained the age of 28 years and shall have been a member of the State Bar of Georgia for a minimum of three years. The judge(s) shall be nominated by the mayor subject to approval by the city council. The compensation and number of the judges shall be fixed by the city council. (b) The judge pro tempore shall serve as requested by the judge, shall have the same qualifications as the judge, shall be nominated by the mayor subject to approval of the city council, and shall take the same oath as the judge. (c) Before entering on duties of his or her office, the judge and judge pro tempore shall take an oath before an officer duly authorized to administer oaths in this state declaring that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council. (d) The judge, or judge pro tempore, shall serve for a term of four years but may be removed from the position by a two-thirds vote of the entire membership of the city council or shall be removed upon action taken by the State Judicial Qualifications Commission for: (1) Willful misconduct in office; (2) Willful and persistent failure to perform duties; (3) Habitual intemperance; (4) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or (5) Disability seriously interfering with the performance of duties, which is, or is likely to become, of a permanent character. SECTION 4.03. Convening. The municipal court shall be convened at such times as designated by ordinance or at such times as deemed necessary by the judge to keep current the dockets thereof. THURSDAY, MARCH 20, 2008 2285 SECTION 4.04. Jurisdiction; powers. (a) The municipal court shall try and punish for crimes against the City of Dunwoody and for violation of its ordinances. The municipal court may fix punishment for offenses within its jurisdiction to the fullest extent allowed by state law. (b) The municipal court shall have authority to recommend to the city council for approval a schedule of fees to defray the cost of operation. (c) 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 security for appearances of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited to the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of Dunwoody, or the property so deposited shall have a lien against it for the value forfeited. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the City of Dunwoody granted by state laws generally to municipal courts, and particularly by such laws as authorize the abatement of nuisances. SECTION 4.05. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of DeKalb County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 4.06. Rules for court. With the approval of the city council, the judge(s) shall have full power and authority to 2286 JOURNAL OF THE SENATE make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court. ARTICLE V FINANCE AND FISCAL SECTION 5.01. Fiscal year. The city council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department or institution, agency, and activity of the city government, unless otherwise provided by state or federal law. SECTION 5.02. Preparation of budgets. The city council shall provide, by ordinance, the procedures and requirements for the preparation and execution of an annual operating budget and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. SECTION 5.03. Submission of operating budget to city council. (a) On or before a date fixed by the city council, but no later than the first day of the ninth month of the fiscal year currently ending, the city manager shall, after input, review and comment by the mayor, submit to the city council a proposed operating budget and capital budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor and 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 they may deem pertinent. The operating budget, capital budget, the budget message, and all supporting documents shall be filed in the office of the city manager and shall be open to public inspection. (b) Beginning in the third year of the citys operation, the city manager and mayor are required to present to the city council a budget which is balanced in projected spending and revenues. (c) Prior to passage of the budget, the city council shall hold a special public hearing at which the budget will be presented and public comment on the budget will be solicited. The date, time and place of the special public hearing shall be announced no less than 30 days prior to the scheduled date for such hearing. (d) All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made. When a supplemental appropriation is THURSDAY, MARCH 20, 2008 2287 certified by the city manager to exist, these appropriations can be spent during the current fiscal year following passage of a supplemental appropriation ordinance. SECTION 5.04. Action by city council on budget. (a) The city council may amend the operating budget or capital budget proposed by the city manager in accordance with Section 5.03(a), except that the budget, as finally amended and adopted, must provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year; and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund. (b) The city council shall adopt a budget on or before the first day of the eleventh month of the fiscal year currently ending. If the city council fails to adopt the budget by the prescribed deadline, the operating budget and capital budget proposed by the mayor and city manager shall be adopted without further action by the city council. SECTION 5.05. Procurement and property management. No contract with the city shall be binding on the city unless it is in writing. The city council may adopt procedures for the authorization of certain contracts without city attorney review or city council approval. Absent the foregoing, no contract with the city shall be binding on the city unless: (1) 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 (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings. SECTION 5.06. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 5.07. Audits. (a) There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. (b) As a minimum, all audits and budgets of the city shall satisfy the requirements of 2288 JOURNAL OF THE SENATE Chapter 81 of Title 36 of the O.C.G.A. relating to local government audits and budgets. SECTION 5.08. Homestead exemption; freeze. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Dunwoody, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this section is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property. (b) Each resident of the City of Dunwoody is granted an exemption on that persons homestead from City of Dunwoody ad valorem taxes for municipal 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. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is added to or removed from the homestead, the base year assessed value shall be adjusted to reflect such addition or removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) 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 Dunwoody, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Dunwoody, 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 Dunwoody, 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 Dunwoody, 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 THURSDAY, MARCH 20, 2008 2289 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 only to taxable years 2009 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. SECTION 5.09. Homestead exemption; senior citizens; disabled. (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 Dunwoody, 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 Georgia taxable net income determined pursuant to Chapter 7 of Title 48 of the O.C.G.A., as amended, for state income tax purposes, except income shall not include income 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, except such income which is in excess of the maximum amount authorized to be paid to an individual and such individuals spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as income for the purposes of this 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 Dunwoody who is disabled or is a senior citizen is granted an exemption on that persons homestead from City of Dunwoody ad valorem taxes for municipal purposes in the amount of $14,000.00 of the assessed 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 $15,000.00 for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (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 2290 JOURNAL OF THE SENATE 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 Dunwoody, 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 Dunwoody, 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 Dunwoody, 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 Dunwoody, 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, 2009. SECTION 5.10. Homestead exemption; general. (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 Dunwoody, 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. (b) Each resident of the City of Dunwoody is granted an exemption on that persons homestead from City of Dunwoody ad valorem taxes for municipal purposes in the THURSDAY, MARCH 20, 2008 2291 amount of $10,000.00 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 Dunwoody, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Dunwoody, 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 Dunwoody, 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 Dunwoody, 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, 2009. SECTION 5.11. Homestead exemption; surviving spouses. (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 Dunwoody, including, but not limited to, 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) "Unremarried surviving spouse" of a member of the armed forces includes the unmarried widow or widower of a member of the armed forces who is receiving spousal benefits from the United States Department of Veterans Affairs. (b) Any person who is a resident of the City of Dunwoody and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member 2292 JOURNAL OF THE SENATE has been killed in or has died as a result of any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all City of Dunwoody ad valorem taxation for municipal purposes in the amount of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended. As of January 1, 2006, the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended, is $50,000.00. The exemption shall be on the homestead which the unremarried surviving spouse owns and actually occupies as a residence and homestead. In the event such surviving spouse remarries, such person shall cease to be qualified to continue the exemption under this Act effective December 31 of the taxable year in which such person remarries. The value of all property in excess of such exemption granted to such unremarried surviving spouse shall remain subject to taxation. (c) In order to qualify for the exemption provided for in this Act, the unremarried surviving spouse shall furnish to the governing authority of the City of Dunwoody, or the designee thereof, documents from the Secretary of Defense evidencing that such unremarried surviving spouse receives spousal benefits as a result of the death of such persons spouse who as a member of the armed forces of the United States was killed or died as a result of a war or armed conflict while on active duty or while performing authorized travel to or from active duty during such war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, pursuant to the Survivor Benefit Plan under Subchapter II of Chapter 73 of Title 10 of the United States Code or pursuant to any preceding or subsequent federal law which provides survivor benefits for spouses of members of the armed forces who were killed or who died as a result of any war or armed conflict. (d) An unremarried surviving spouse filing for the exemption under this section shall be required to file with the governing authority of the City of Dunwoody, or the designee thereof, information relative to marital status and other such information which the governing authority of the City of Dunwoody, or the designee thereof, deems necessary to determine eligibility for the exemption. Each unremarried surviving spouse shall file for the exemption only once with the governing authority of the City of Dunwoody, or the designee thereof. Once filed, the exemption shall automatically be renewed from year to year, except that the governing authority of the City of Dunwoody, or the designee thereof, may require annually that the holder of an exemption substantiate his or her continuing eligibility for the exemption. It shall be the duty of any person granted the homestead exemption under this section to notify the governing authority of the City of Dunwoody, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by this section shall be in lieu of and not in addition to any other exemption from ad valorem taxation for municipal purposes which is equal to or lower in amount than such exemption granted by this section. If the amount of any other exemption from ad valorem taxation for municipal purposes applicable to any resident qualifying under this section is greater than or is increased to an amount greater than the THURSDAY, MARCH 20, 2008 2293 amount of the applicable exemption granted by this section, such other exemption shall apply and shall be in lieu of and not in addition to the exemption granted by this section. (f) The exemptions granted by this section shall apply to all tax years beginning on or after January 1, 2009. SECTION 5.12. Homestead exemption; one mill equivalent. (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 Dunwoody, 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. (b) Each resident of the City of Dunwoody is granted an exemption on that persons homestead from City of Dunwoody ad valorem taxes for municipal purposes in an amount that provides the dollar equivalent of a one mill reduction of the millage rate applicable to the homestead property with respect to ad valorem taxes for municipal purposes for the taxable 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 Dunwoody, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Dunwoody, 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 Dunwoody, 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 Dunwoody, 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. 2294 JOURNAL OF THE SENATE (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2009. ARTICLE VI GENERAL PROVISIONS. SECTION 6.01. DeKalb County Special Services Tax District. For the taxable years beginning on or after January 1, 2009, the adjusted ad valorem tax millage rate and amount for service charges or fees for district services for the Dunwoody special services tax district shall be zero percent. This section is enacted pursuant to the authority granted to the General Assembly under Section 1 of that local constitutional amendment providing that certain municipalities in DeKalb County shall constitute special services tax districts, Resolution Act. No. 168; House Resolution No. 715-1916; Ga. L. 1978, p. 2468, to control the subject matter of such local constitutional amendment. Municipal services provided by DeKalb County for the City of Dunwoody will be established through intergovernmental agreements or established as otherwise authorized by statute. SECTION 6.02. Referendum and initial election. (a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of Dunwoody for approval or rejection. The superintendent shall set the date of such election for the date of the general primary in 2008. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act incorporating the City of Dunwoody in DeKalb County according to the charter contained in the Act and the homestead ( ) NO exemptions described in the Act be approved?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in this charter, otherwise it shall be void and of no force and effect. The initial expense of such election shall be borne by DeKalb County. Within two years after the elections if the incorporation is approved, the City of Dunwoody shall reimburse DeKalb County for the actual cost of printing and personnel services for such election and for the initial election of the mayor and councilmembers pursuant to Section 2.02 of THURSDAY, MARCH 20, 2008 2295 this charter. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. (b) For the purposes of the referendum election provided for in subsection (a) of this section and for the purposes of the special election of the City of Dunwoody to be held on the third Tuesday in September, 2008, the qualified electors of the City of Dunwoody shall be those qualified electors of DeKalb County residing within the corporate limits of the City of Dunwoody as described by Appendix A of this charter. At subsequent municipal elections, the qualified electors of the City of Dunwoody shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A. known as the "Georgia Election Code." (c) Only for the purposes of holding and conducting the referendum election provided for by subsection (a) of this section and holding and conducting the special election of the City of Dunwoody to be held on the third Tuesday in September, 2008, the election superintendent of DeKalb County is vested with the powers and duties of the election superintendent of the City of Dunwoody and the powers and duties of the governing authority of the City of Dunwoody. SECTION 6.03. Effective dates and transition. (a) The initial mayor and councilmembers shall take the oath of office the next business day after certification of the election of such officers, and by action of any four members of the governing authority may, prior to December 1, 2008, meet and take actions binding on the city. (b) A period of time will be needed for an orderly transition of various government functions from DeKalb County to the City of Dunwoody. Accordingly there shall be a two-year transition period as allowed by law beginning at 12:01 A.M. on December 1, 2008. (c) During such transition period, DeKalb County shall continue to provide within the territorial limits of the city all government services and functions which DeKalb County provided in 2008 and at the same actual direct cost and level of service, except to the extent otherwise provided in this section; provided, however, that upon at least 30 days prior written notice to the governing authority of DeKalb County by the governing authority of City of Dunwoody, responsibility for any such service or function shall be transferred to the City of Dunwoody. The governing authority of the City of Dunwoody shall determine the date of commencement of collection of taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of the city and the date upon which the City of Dunwoody is considered removed from the special tax district. (d) During the transition period, the governing authority of the City of Dunwoody 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. (e) During the transition period, all ordinances of DeKalb County shall remain applicable 2296 JOURNAL OF THE SENATE within the territorial limits of the city unless otherwise amended, repealed, or replaced by the City of Dunwoody. Any transfer of jurisdiction to the City of Dunwoody during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in DeKalb County or the pending prosecution of any violation of any ordinance of DeKalb County. (f) During the transition period, the governing authority of the City of Dunwoody may at any time, without the necessity of any agreement by DeKalb 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 governing authority of the City of Dunwoody commencing to exercise its planning and zoning powers, the Municipal Court of the City of Dunwoody 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. (g) Effective upon the termination of the transition period, subsections (b) through (f) of this section shall cease to apply except for the last sentence of subsection (e) which shall remain effective. Effective upon the termination of the transition period, the City of Dunwoody shall be a full functioning municipal corporation and subject to all general laws of this state. SECTION 6.04. 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 if it is not possible to hold the referendum election provided for in Section 6.02 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable but not later than 45 days after securing approval under the federal Voting Rights Act. If the referendum election provided for in Section 6.02 of this Act is conducted on or before August 7, 2008, the special election for the initial members of the governing authority shall be conducted on the date specified in Section 2.02 of this Act. If the referendum election provided for under Section 6.02 of this Act is conducted after August 7, 2008, then the special election for the initial members of the governing authority shall be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly. If the first election provided for in Section 2.02 of this Act occurs after the Tuesday following the first Monday in November, 2008, the city council shall be authorized to delay the dates otherwise specified in Section 6.03 of this Act. THURSDAY, MARCH 20, 2008 2297 SECTION 6.05. Charter commission. No later than five years after the inception of the City of Dunwoody, the mayor and the city council shall call for a charter commission to review the city's experience and recommend to the General Assembly any changes to the charter. Members of the charter commission shall be appointed as follows: one by the mayor, one by the city council, and one by each member of the Georgia House of Representatives or Senate whose district lies wholly or partially within the corporate boundaries of the city. All members of the charter commission must reside in the City of Dunwoody. The commission must complete the recommendations within the time frame required by the city council. SECTION 6.06. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. SECTION 6.07. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6.08. Repealer. All laws and parts of laws in conflict with this Act are repealed. APPENDIX A LEGAL DESCRIPTION CORPORATE LIMITS CITY OF DUNWOODY, DEKALB COUNTY, GEORGIA All that tract or parcel of land lying and being in the 6th and 18th Land Districts of DeKalb County, Georgia, and more particularly described as follows: Beginning at the intersection of the north-south boundary of the 17th and 18th Land 2298 JOURNAL OF THE SENATE Districts with the northerly right-of-way of Interstate Highway 285, said highway having a right-of-way width of 300 feet; thence proceeding northerly, 19,074 feet, more or less, along the boundary of the 17th and 18th Land Districts, said boundary also being the boundary of Fulton and DeKalb Counties, to a point, said point being the corner common to Land Lots 23 and 24 of the 17th Land District and Land Lots 378 and 384 of the 18th Land District; thence easterly, 138 feet, more or less, along the northern line of Land Lot 378 to a point, said line also being the boundary of Fulton and DeKalb Counties; thence southeasterly, 220 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being the southeast property corner of the tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 378 6 1; thence southeasterly, 208 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on Lot 1 of the Weldstone Manor No. 1 Subdivision; thence southwesterly, 150 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of Lot 1 of the Weldstone Manor No. 1 Subdivision; thence southeasterly, 100 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on Lot 11 of the Weldstone Manor No. 1 Subdivision; thence southeasterly, 75 feet, more or less, along the boundary of Fulton and DeKalb Counties crossing Spalding Drive, said drive having a 60 foot right-of-way width, to a point on the easterly right-of-way of Spalding Drive, said point being a property corner of Lot 8 of Spalding Estates No. 1 Subdivision; thence southeasterly, 30 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of Lot 8 of Spalding Estates No. 1 Subdivision; thence southeasterly, 90 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on the northern property line of Lot 8 of Spalding Estates No. 1 Subdivision; thence northeasterly, 60 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 378 9 110; thence northeasterly, 459 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of a parcel or tract of land now or formerly known as DeKalb County Tax Parcel 18 378 9 75; thence northeasterly, 669 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 378 9 80 and on the northern line of Land Lot 378; thence easterly, 262 feet, more or less, along the northern line of Land Lot 378, said line also being the boundary of Fulton and DeKalb Counties, to a point, said point being a property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 1 7; thence northeasterly, 210 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a corner on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 1 8; thence northeasterly, 170 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a corner on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 1 8; thence northeasterly, 202 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a corner of a tract or parcel of land now or THURSDAY, MARCH 20, 2008 2299 formerly known as DeKalb County Tax Parcel 18 384 1 17; thence northeasterly, 171 feet, more or less, along the boundary of Fulton and DeKalb County to a point, said point being on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 4 5; thence northeasterly, 122 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 4 5; thence northeasterly, 225 feet, more or less, along the boundary of Fulton and DeKalb Counties crossing Whitehall Walk to a point, said point being a corner on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 5 7; thence easterly, 98 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 5 6; thence southeasterly, 197 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 5 5; thence northeasterly, 405 feet, more or less, along the boundary of Fulton and DeKalb Counties crossing Roberts Drive to a point, said point being the northwestern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 383 2 11; thence northeasterly, 320 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 383 2 10; thence northeasterly, 140 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being of the centerline of Dunwoody Club Drive, said drive having a 50 foot right-of-way width; thence southeasterly, 2,156 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 25 feet southwest from the northern rightof-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of the 6th and 18th Land District with the boundary of Fulton and DeKalb Counties; thence generally southeasterly, 4,230 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 20 feet southwest from the northern right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb County with Land Lot Line 340-353; thence generally southeasterly, 3,931 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary contained within the right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with Land Lot Line 339-341; thence generally southeasterly, 1,967 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 20 feet southwest from the northern right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with Land Lot Line 338-339; thence generally southeasterly, 3,140 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 25 feet southwest from the northern right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with Land Lot Line 310-338; thence generally southeasterly, 1,460 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 30 feet 2300 JOURNAL OF THE SENATE southwest from the northerly right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with Land Lot Line 310-311; thence southeasterly, 1,182 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 30 southwest from the northerly right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with the centerline of Happy Hollow Road, said road having a 70 foot right-of-way width, thence northeasterly, 30 feet, more or less, along the centerline of Happy Hollow Road to a point; thence northeasterly, 40 feet, more or less, to a point, said point being the intersection of the northerly right-of-way of Dunwoody Club Drive with the easterly right-of-way of Happy Hollow Road, said road having a 60 foot right-of-way; thence northeasterly, 511 feet, more or less, along the extended northern property line of a tract or parcel of land now or formerly know as DeKalb County Tax Parcel 6 311 1 2, said line also being the boundary of Fulton and DeKalb Counties, to a point, said point being a property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 6 311 1 1; thence northeasterly, 676 feet, more or less, along the northern property line of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 6-311 1 1, said line also being the boundary of Fulton and DeKalb Counties, to a point, said point being a common boundary corner of Fulton, DeKalb and Gwinnett Counties; thence southeasterly, 471 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point on the northern right-of-way of Dunwoody Club Creek, said creek drive having a 50 foot right-of-way width; thence southeasterly, 70 feet, more or less, crossing Dunwoody Club Creek along the boundary of Gwinnett and DeKalb Counties to a point on the southerly right-of-way of Dunwoody Club Creek, said point being the northeastern property corner of a tract of parcel of land now of formerly know as DeKalb County Tax Parcel 6 311 5 3; thence southeasterly, 381 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point on the centerline of Dunwoody Club Drive; thence southeasterly, 510 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point, said point being the intersection of the boundary of Gwinnett and DeKalb Counties with Land Lot Line 307-311; thence northeasterly, 1,301 feet, more or less, along Land Lot Line 307-311, said line also being the boundary of Gwinnett and DeKalb Counties, to a point, said point being the corner common to Land Lots 306, 307, 311 and 312; thence southeasterly, 3,223 feet, more or less, along Line Lot Line 306-307, said line also being the boundary of Gwinnett and DeKalb Counties, to a point, said point being the corner common to Land Lots 280, 281, 306 and 307; thence southwesterly, 1,909 feet, more or less, along Land Lot Line 280-307, said line also being the boundary of Gwinnett and DeKalb Counties, to a point; thence southeasterly, 3,404 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point, said point being the intersection of the boundary of Gwinnett and DeKalb Counties with Land Lot Line 277-380; thence southeasterly, 1,870 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point, said point being the intersection of the boundary of Gwinnett and DeKalb Counties with a control of access line for Peachtree Industrial Boulevard, said control of access line being parallel to and 75 feet THURSDAY, MARCH 20, 2008 2301 northwesterly from the centerline of Peachtree Industrial Boulevard and also being a point in common on the City Limits of the cities of Dunwoody and Doraville; thence southwesterly, 2,000 feet, more or less, along the aforesaid control of access line of Peachtree Industrial Boulevard to a point, said point being the intersection of the aforesaid control of access line with the boundary between the 6th and 18th Land Districts of DeKalb County; thence continuing southwesterly, 1,350 feet, more or less, along the aforesaid control of access line of Peachtree Industrial Boulevard to a point, said point being the intersection of the control of access line with Land Lot Line 341-356; thence westerly, 131 feet, more or less, along Land Lot Line 341-356 to a point, said point being the intersection of Land Lot Line 341-356 with the northerly right-of-way line of Peachtree Industrial Boulevard, said boulevard having a 250 foot right-of-way width; thence westerly, 1,490 feet, more or less, along Land Lot Line 341-356 to a point, said point being the corner common to Land Lots 341, 342, 355 and 356; thence westerly, 1,000 feet, more or less, along Land Lot Line 342-355 to a point, said point being the northeastern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 342 7 18; thence southeasterly, 405 feet, more or less, along the westerly right-of-way of Tilly Mill Road to a point, said point being the southeastern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 342 1 99; thence 730 feet, more or less, along the existing Doraville City Limit Line, said line lying within the right-of-way of Tilly Mill Road, to a point, said point; thence southwesterly, 50 feet, more or less, perpendicular to the existing Doraville City Limit to a point, said point being a common property corner to tracts or parcels of land now or formerly known as DeKalb County Tax Parcels 18 342 1 65 and 66; thence generally southwesterly, 552 feet, more or less, along the centerline of Nancy Creek to a point, said point being the intersection of the centerline of Nancy Creek with southern property line of Chateau at Dunwoody Condominiums; thence westerly, 759 feet, more or less, along the southern property line of the Chateau at Dunwoody Condominiums to southwestern property corner of the Chateau at Dunwoody Condominiums; thence westerly, 667 feet, more or less, along the southerly property line of Phase 13 of the Dunwoody North Subdivision to the southeast corner of Lot Number 1 in Phase 2 of the Dunwoody North Subdivision; thence southeasterly, 130 feet, more or less, to a point, said point being the common property corner of Lot Numbers 24 and 25 in the McArthur Estates Subdivision; thence southwesterly, 474.8 feet, more or less, along the back property lines of Lots Lumbers 25 and 26 in the McArthur Estates Subdivision to the common corner of Lot Numbers 27 and 28 in the McArthur Estates Subdivision and a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 343 1 1; thence generally southeasterly, 1,177 feet, more or less, along the centerline of an unnamed creek tributary to Nancy Creek along the back property lines of Lot Number 40 through Lot Number 27 in McArthur Estates Subdivision to a point, said point being the intersection of the aforesaid creek with Land Lot Line 335-342; thence westerly, 944 feet, more or less, along Land Lot Line 335-342 to the common corner of Land Lots 334, 335, 342 and 343; thence southerly 701 feet, more or less, along Land Lot Line 334-335 to a point, said point being the intersection of Land Lot Line 334-335 2302 JOURNAL OF THE SENATE with the northerly right-of-way of Interstate Highway 285, said interstate having a 300 foot right-of-way and limit of access width; thence southerly along Land Lot Line 334335 across Interstate Highway to a point on the southerly right-of-way and limit of access of Interstate Highway 285; thence generally northwesterly, 2,654 feet, more or less, along the southerly right-of-way and limit of access of Interstate Highway 285 and its extension to the centerline of North Peachtree Road, said North Peachtree Road centerline being 2,475.6 feet measured along the centerline of Interstate Highway 285 from the intersection of Land Lot Line 334-335 with the northerly right-of-way of Interstate Highway 285; thence northeasterly, 130 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the aforesaid North Peachtree Road centerline with the southern limit of access for Interstate Highway 285 west of North Peachtree Road; thence westerly along the southern limit of access for Interstate Highway 285 to a point, said point being the intersection of the aforesaid limit of access with the centerline of Shallowford Road, said Shallowford Road centerline being 2,530.09 feet from the centerline of North Peachtree Road measured along the centerline of Interstate Highway 285; thence westerly along the southern limit of access of Interstate Highway 285 to a point, said point being the intersection of the aforesaid limit of access with the centerline of Chamblee Dunwoody Road, said Chamblee Dunwoody Road being 2,903.65 feet from the centerline of Shallowford Road measured along the centerline of Interstate Highway 285; thence generally southwesterly, 75 feet, more or less, along the centerline of Chamblee Dunwoody Road to a point, thence westerly, 108 feet, more or less, to a point, said point being the beginning of the southerly right-of-way and limit of access for Interstate Highway 285 on the west of Chamblee Dunwoody Road; thence generally westerly along the southerly right-of-way and limit of access of Interstate Highway 285 to a point, said point being on the centerline of Ashford Dunwoody Road, said Ashford Dunwoody Road centerline being 7,238.73 feet from the centerline of Chamblee Dunwoody Road measured along the centerline of Interstate Highway 285; thence southwesterly, 100 feet, more or less, to a point, said point being the northeastern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 330 15 1; thence westerly, 340 feet, more or less, along the northern property line of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 330 15 1 to a point, said point being the northwestern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 330 15 1; thence westerly, 660 feet, more or less, to a point, said point being the northeastern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 329 2 5; thence southwesterly, 2,048 feet, more or less, along the southerly right-of-way and limit of access of Interstate Highway 285 to a point, said point being the intersection of the southerly right-of-way and limit of access of Interstate Highway 285 with the boundary of the 17th and 18th Land Districts, said Land District boundary being 3,034.24 feet from the centerline of Ashford Dunwoody Road measured along the centerline of Interstate Highway 285 and also the boundary of Fulton and DeKalb Counties; thence northerly, 322 feet, more or less, along the boundary of the 17th and 18th Land Districts to a point on the northern right-of-way of Interstate THURSDAY, MARCH 20, 2008 2303 Highway 285, said highway having a 300 foot right-of-way width, said point being the point of beginning. The above-described Corporate Limits for the proposed City of Dunwoody contains an area of 13.2 square miles, more or less, has a perimeter of 17 miles more or less, and are shown more fully on the map entitled Proposed City of Dunwoody, DeKalb County, Georgia, January 2007 prepared by Keck & Wood, Inc. APPENDIX B - PART 1 LEGAL DESCRIPTION COUNCIL DISTRICT 1 LIMITS CITY OF DUNWOODY, DEKALB COUNTY, GEORGIA All that tract or parcel of land lying and being in Land Lot 353 of the 6th Land District and Land Lots 329, 345, 346, 347, 348, 349, 350, 351, 352, 362, 363, 364, 365, 366, 367, 375, 376, 377, 378, 379, 380, 383 and 384 of the 18th Land Districts of DeKalb County, Georgia, and more particularly described as follows: Beginning at the intersection of the north-south boundary of the 17th and 18th Land Districts with the northerly right-of-way of Interstate Highway 285, said highway having a right-of-way width of 300 feet; thence proceeding northerly, 19,074 feet, more or less, along the boundary of the 17th and 18th Land Districts, said boundary also being the boundary of Fulton and DeKalb Counties, to a point, said point being the corner common to Land Lots 23 and 24 of the 17th Land District and Land Lots 378 and 384 of the 18th Land District; thence easterly, 138 feet, more or less, along the northern line of Land Lot 378 to a point, said line also being the boundary of Fulton and DeKalb Counties; thence southeasterly, 220 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being the southeast property corner of the tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 378 6 1; thence southeasterly, 208 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on Lot 1 of the Weldstone Manor No. 1 Subdivision; thence southwesterly, 150 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of Lot 1 of the Weldstone Manor No. 1 Subdivision; thence southeasterly, 100 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on Lot 11 of the Weldstone Manor No. 1 Subdivision; thence southeasterly, 75 feet, more or less, along the boundary of Fulton and DeKalb Counties crossing Spalding Drive, said drive having a 60 foot right-of-way width, to a point on the easterly right-of-way of Spalding Drive, said point being a property corner of Lot 8 of Spalding Estates No. 1 Subdivision; thence southeasterly, 30 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of Lot 8 of Spalding Estates No. 1 Subdivision; thence southeasterly, 90 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on the northern property line of Lot 8 of Spalding Estates No. 1 2304 JOURNAL OF THE SENATE Subdivision; thence northeasterly, 60 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 378 9 110; thence northeasterly, 459 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of a parcel or tract of land now or formerly known as DeKalb County Tax Parcel 18 378 9 75; thence northeasterly, 669 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 378 9 80 and on the northern line of Land Lot 378; thence easterly, 262 feet, more or less, along the northern line of Land Lot 378, said line also being the boundary of Fulton and DeKalb Counties, to a point, said point being a property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 1 7; thence northeasterly, 210 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a corner on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 1 8; thence northeasterly, 170 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a corner on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 1 8; thence northeasterly, 202 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 1 17; thence northeasterly, 171 feet, more or less, along the boundary of Fulton and DeKalb County to a point, said point being on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 4 5; thence northeasterly, 122 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 4 5; thence northeasterly, 225 feet, more or less, along the boundary of Fulton and DeKalb Counties crossing Whitehall Walk to a point, said point being a corner on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 5 7; thence easterly, 98 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 5 6; thence southeasterly, 197 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 5 5; thence northeasterly, 405 feet, more or less, along the boundary of Fulton and DeKalb Counties crossing Roberts Drive to a point, said point being the northwestern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 383 2 11; thence northeasterly, 320 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 383 2 10; thence northeasterly, 140 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being of the centerline of Dunwoody Club Drive, said drive having a 50 foot right-of-way width; thence southeasterly, 2,156 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 25 feet southwest from the northern right- THURSDAY, MARCH 20, 2008 2305 of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of the 6th and 18th Land District with the boundary of Fulton and DeKalb Counties; thence generally southeasterly, 2,000 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 20 feet southwest from the northern right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb County with the centerline of Woodsong Trail, said trail having a 60 foot right-of-way width; thence generally southeasterly, 1,289 feet, more or less, along the centerline of Woodsong Trail to a point, said point being the intersection of the centerline of Woodsong Trail with the centerline of Woodsong Drive, said drive having a 60 foot right-of-way; thence generally southerly, 861 feet, more or less, along the centerline of Woodsong Drive to a point, said point being the intersection of the centerline of Woodsong Drive with the centerline of Barcroft Way, said way having a 50 foot right-of-way; thence generally southwesterly, 574 feet, more or less, along the centerline of Barcroft Way to a point, said point being the intersection of the centerline of Barcroft Way with the centerline of Withmere Way, said way having a 50 foot right-of-way width; thence northwesterly, 285 feet, more or less, along the centerline of Withmere Way to a point, said point being the intersection of the centerline of Withmere Way with the centerline of Mount Vernon Way, said way having a 50 foot right-of-way width; thence southeasterly, 5,592 feet, more or less, along the centerline of Mount Vernon Way to a point, said point being the intersection of the centerline of Mount Vernon Way with the centerline of Mount Vernon Road, said road having a 100 foot right-of-way width, thence generally westerly, 3,101 feet, more or less, along the centerline of Mount Vernon Road, said road having a 100 foot right-of-way width, to a point, said point being the intersection of the centerline of Mount Vernon Road with the centerline of Chamblee Dunwoody Road; thence southeasterly, 8,700 feet, more or less, along the centerline of Chamblee Dunwoody Road to a point, said point being the intersection of the centerline of Chamblee Dunwoody Road with the centerline Peeler Road to the northeast and Chamblee Dunwoody Road to the southwest; thence generally southerly, 3,214 feet, more or less, along the centerline of Chamblee Dunwoody Road to a point, said point being the intersection of the centerline of Chamblee Dunwoody Road with the northerly right-of-way of Interstate Highway 285; thence southwesterly, 875.9 feet, more or less, along the centerline of Chamblee Dunwoody Road crossing Interstate Highway 285 to a point, said point being the intersection of the centerline of Chamblee Dunwoody Road with the southerly right-ofway of Interstate Higheway 285; thence northwesterly, 50 feet, more or less, to a point, said point being a property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 345 4 3; thence northwesterly, 82 feet, more or less, along the property line of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 345 4 3 to a point on the southerly right or way of Interstate Highway 285, thence generally westerly along the southerly right-of-way and limit of access of Interstate Highway 285 to a point, said point being on the centerline of Ashford Dunwoody Road, said Ashford Dunwoody Road centerline being 7,238.73 feet from the centerline of Chamblee Dunwoody Road measured along the centerline of Interstate 2306 JOURNAL OF THE SENATE Highway 285; thence southwesterly, 100 feet, more or less, to a point, said point being the northeastern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 330 15 1; thence westerly, 340 feet, more or less, along the northern property line of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 330 15 1 to a point, said point being the northwestern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 330 15 1; thence westerly, 660 feet, more or less, to a point, said point being the northeastern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 329 2 5; thence southwesterly, 2,048 feet, more or less, along the southerly right-of-way and limit of access of Interstate Highway 285 to a point, said point being the intersection of the southerly right-of-way and limit of access of Interstate Highway 285 with the boundary of the 17th and 18th Land Districts, said Land District boundary being 3,034.24 feet from the centerline of Ashford Dunwoody Road measured along the centerline of Interstate Highway 285 and also the boundary of Fulton and DeKalb Counties; thence northerly, 322 feet, more or less, along the boundary of the 17th and 18th Land Districts to a point on the northern right-of-way of Interstate Highway 285, said highway having a 300 foot right-of-way width, said point being the point of beginning. The above-described Council District Number 1 Limits for the proposed City of Dunwoody contains an area of 4.9 square miles more or less, with a perimeter of 12.0 miles more or less. APPENDIX B - PART 2 LEGAL DESCRIPTION COUNCIL DISTRICT 2 LIMITS CITY OF DUNWOODY, DEKALB COUNTY, GEORGIA All that tract or parcel of land lying and being in Land Lots 339, 340, 341 and 353 of the 6th Land District and Land Lots 343, 344, 345, 352, 353, 354, 359, 360, 361, 362, 363, 366, 367, 368, 369, 370, 372, 373, 374, 375, 380, 381 and 382 of the 18th Land Districts of DeKalb County, Georgia, and more particularly described as follows: Beginning at the intersection of the northerly right-of-way of Interstate Highway 285 with the centerline of Chamblee Dunwoody Road; thence proceeding generally northerly, 3,214 feet, more or less, along the centerline of Chamblee Dunwoody Road to a point, said point being the intersection of the centerline of Chamblee Dunwoody Road with the centerline of Peeler Road to the north and Chamblee Dunwoody Road to the west; thence northwesterly, 8,700 feet, more or less, along the centerline of Chamblee Dunwoody Road to a point, said point being the intersection of the centerline of Chamblee Dunwoody Road with the centerline of Mount Vernon Road, said road having a 100 foot right-of-way width; thence generally easterly, 3,101 feet, more or less, along the centerline of Mount Vernon Road to a point, said point being the intersection of the centerline of Mount Vernon Road with the centerline of Mount THURSDAY, MARCH 20, 2008 2307 Vernon Way, said way having a 50 foot right-of-way width; thence northwesterly, 5,592 feet, more or less, along the centerline of Mount Vernon Way to a point, said point being the centerline of Mount Vernon Way with the centerline of Withmere Way, said way having a 50 foot right-of-way width; thence southeasterly, 285 feet, more or less, along the centerline of Withmere Way to a point, said point being the intersection of the centerline of Withmere Way with the centerline of Barcroft Way, said way having a 50 foot right-of-way width; thence generally northeasterly, 574 feet, more or less, along the centerline of Barcroft Way to a point, said point being the intersection of the centerline of Barcroft Way with the centerline of Woodsong Drive, said drive having a 60 foot right-of-way width; thence generally northerly, 861 feet, more or less, along the centerline of Woodsong Drive to a point, said point being the intersection of the centerline of Woodsong Drive with the centerline of Woodsong Trail; thence northwesterly, 1,289 feet, more or less, along the centerline of Woodsong Trail to a point, said point being the intersection of the centerline of Woodsong Trail with boundary of Fulton and DeKalb Counties, said boundary being parallel to and 20 feet northeast of the from the northern right-of-way of Dunwoody Club Drive; thence generally southeasterly, 2,229 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 20 feet southwest from the northern right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb County with Land Lot Line 340353; thence generally southeasterly, 3,931 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary contained within the right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with Land Lot Line 339-341; thence generally southeasterly, 1,787 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 20 feet southwest from the northern rightof-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with the centerline of Mount Vernon Road, said road having a 100 foot right-of-way width; thence southwesterly, 651 feet, more or less, along the centerline of Mount Vernon Road to a point, said point being the intersection of the centerline of Mount Vernon Road with the centerline of North Peachtree Road, said road having a 100 foot right-of-way; thence southeasterly, 1,411 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with the boundary of the 6th and 18th Land Districts; thence southeasterly, 1,470 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with Land Lot Line 370-372; thence generally southerly, 3,692 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with Land Lot Line 359-370; thence generally southerly, 2,852 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with Land Lot Line 354-359; thence generally southerly, 3,326 feet, more or less, along the along the centerline of North Peachtree 2308 JOURNAL OF THE SENATE Road to a point, said point being the intersection of the centerline of North Peachtree Road with :Land Lot Line 343-354; thence southerly, 2,214 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with the northerly limit of access of Interstate Highway 285 west of North Peachtree Road; thence southwesterly, 450 feet, more or less, along the centerline of North Peachtree Road crossing Interstate Highway 285 to a point, said point being the intersection of the centerline of North Peachtree Road with the southerly limit of access of Interstate Highway 285 west of North Peachtree Road; thence westerly along the southern limit of access for Interstate Highway 285 to a point, said point being the intersection of the aforesaid limit of access with the centerline of Shallowford Road, said Shallowford Road centerline being 2,530.09 feet from the centerline of North Peachtree Road measured along the centerline of Interstate Highway 285; thence westerly along the southern limit of access of Interstate Highway 285 to a point, said point being the intersection of the aforesaid limit of access with the centerline of Chamblee Dunwoody Road, said Chamblee Dunwoody Road being 2,903.65 feet from the centerline of Shallowford Road measured along the centerline of Interstate Highway 285; thence generally northeasterly, 700 feet, more or less, along the centerline of Chamblee Dunwoody Road to a point, said point being the beginning. The above-described Council District Number 2 Limits for the proposed City of Dunwoody contains an area of 4.7 square miles, more or less, with a perimeter of 10.2 miles more or less. APPENDIX B - PART 3 LEGAL DESCRIPTION COUNCIL DISTRICT 3 LIMITS CITY OF DUNWOODY, DEKALB COUNTY, GEORGIA All that tract or parcel of land lying and being in Land Lots 277, 278, 279, 280, 307, 308, 309, 310, 311, 338 and 339 of the 6th Land District and Land Lots 334, 342, 343, 354, 355, 356, 358, 359, 370, 371, and 372 of the 18th Land Districts of DeKalb County, Georgia, and more particularly described as follows: Beginning at the intersection of the northerly limit of access of Interstate Highway 285 west of North Peachtree Road with the centerline of North Peachtree Road; thence proceeding northerly, 2,214 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with Land Lot Line 343-354; thence northerly, 3,326 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with Land Lot Line 354-359; thence generally northerly, 2,852 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with Land Lot Line 359-370; thence northerly, 3,692 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the centerline of North Peachtree THURSDAY, MARCH 20, 2008 2309 Road with Land Lot Line 370-372; thence northwesterly, 1,470 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with the boundary of the 6th and 18th Land Districts; thence northwesterly, 1,411 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with the centerline of Mount Vernon Road; thence northeasterly, 651 feet, more or less, along the centerline of Mount Vernon Road to a point, said point being the intersection of the centerline of Mount Vernon Road with the boundary of Fulton and DeKalb Counties; thence generally southeasterly, 180 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 20 feet southwest from the northern right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with Land Lot Line 338-339; thence generally southeasterly, 3,140 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 25 feet southwest from the northern right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with Land Lot Line 310-338; thence generally southeasterly, 1,460 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 30 feet southwest from the northerly right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with Land Lot Line 310-311; thence southeasterly, 1,182 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 30 southwest from the northerly right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with the centerline of Happy Hollow Road, said road having a 70 foot right-of-way width, thence northeasterly, 30 feet, more or less, along the centerline of Happy Hollow Road to a point; thence northeasterly, 40 feet, more or less, to a point, said point being the intersection of the northerly right-of-way of Dunwoody Club Drive with the easterly right-of-way of Happy Hollow Road, said road having a 60 foot right-of-way; thence northeasterly, 511 feet, more or less, along the extended northern property line of a tract or parcel of land now or formerly know as DeKalb County Tax Parcel 6 311 1 2, said line also being the boundary of Fulton and DeKalb Counties, to a point, said point being a property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 6 311 1 1; thence northeasterly, 676 feet, more or less, along the northern property line of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 6-311 1 1, said line also being the boundary of Fulton and DeKalb Counties, to a point, said point being a common boundary corner of Fulton, DeKalb and Gwinnett Counties; thence southeasterly, 471 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point on the northern right-of-way of Dunwoody Club Creek, said creek drive having a 50 foot right-of-way width; thence southeasterly, 70 feet, more or less, crossing Dunwoody Club Creek along the boundary of Gwinnett and DeKalb Counties to a point on the southerly right-of-way of Dunwoody Club Creek, said point being the northeastern property corner of a tract of parcel of land now 2310 JOURNAL OF THE SENATE of formerly know as DeKalb County Tax Parcel 6 311 5 3; thence southeasterly, 381 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point on the centerline of Dunwoody Club Drive; thence southeasterly, 510 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point, said point being the intersection of the boundary of Gwinnett and DeKalb Counties with Land Lot Line 307-311; thence northeasterly, 1,301 feet, more or less, along Land Lot Line 307-311, said line also being the boundary of Gwinnett and DeKalb Counties, to a point, said point being the corner common to Land Lots 306, 307, 311 and 312; thence southeasterly, 3,223 feet, more or less, along Line Lot Line 306-307, said line also being the boundary of Gwinnett and DeKalb Counties, to a point, said point being the corner common to Land Lots 280, 281, 306 and 307; thence southwesterly, 1,909 feet, more or less, along Land Lot Line 280-307, said line also being the boundary of Gwinnett and DeKalb Counties, to a point; thence southeasterly, 3,404 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point, said point being the intersection of the boundary of Gwinnett and DeKalb Counties with Land Lot Line 277-380; thence southeasterly, 1,870 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point, said point being the intersection of the boundary of Gwinnett and DeKalb Counties with a control of access line for Peachtree Industrial Boulevard, said control of access line being parallel to and 75 feet northwesterly from the centerline of Peachtree Industrial Boulevard and also being a point in common on the City Limits of the cities of Dunwoody and Doraville; thence southwesterly, 2,000 feet, more or less, along the aforesaid control of access line of Peachtree Industrial Boulevard to a point, said point being the intersection of the aforesaid control of access line with the boundary between the 6th and 18th Land Districts of DeKalb County; thence continuing southwesterly, 1,350 feet, more or less, along the aforesaid control of access line of Peachtree Industrial Boulevard to a point, said point being the intersection of the control of access line with Land Lot Line 341356; thence westerly, 131 feet, more or less, along Land Lot Line 341-356 to a point, said point being the intersection of Land Lot Line 341-356 with the northerly right-ofway line of Peachtree Industrial Boulevard, said boulevard having a 250 foot right-ofway width; thence westerly, 1,490 feet, more or less, along Land Lot Line 341-356 to a point, said point being the corner common to Land Lots 341, 342, 355 and 356; thence westerly, 1,000 feet, more or less, along Land Lot Line 342-355 to a point, said point being the northeastern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 342 7 18; thence southeasterly, 405 feet, more or less, along the westerly right-of-way of Tilly Mill Road to a point, said point being the southeastern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 342 1 99; thence 730 feet, more or less, along the existing Doraville City Limit Line, said line lying within the right-of-way of Tilly Mill Road, to a point, said point; thence southwesterly, 50 feet, more or less, perpendicular to the existing Doraville City Limit to a point, said point being a common property corner to tracts or parcels of land now or formerly known as DeKalb County Tax Parcels 18 342 1 65 and 66; thence generally southwesterly, 552 feet, more or less, THURSDAY, MARCH 20, 2008 2311 along the centerline of Nancy Creek to a point, said point being the intersection of the centerline of Nancy Creek with southern property line of Chateau at Dunwoody Condominiums; thence westerly, 759 feet, more or less, along the southern property line of the Chateau at Dunwoody Condominiums to southwestern property corner of the Chateau at Dunwoody Condominiums; thence westerly, 667 feet, more or less, along the southerly property line of Phase 13 of the Dunwoody North Subdivision to the southeast corner of Lot Number 1 in Phase 2 of the Dunwoody North Subdivision; thence southeasterly, 130 feet, more or less, to a point, said point being the common property corner of Lot Numbers 24 and 25 in the McArthur Estates Subdivision; thence southwesterly, 474.8 feet, more or less, along the back property lines of Lots Lumbers 25 and 26 in the McArthur Estates Subdivision to the common corner of Lot Numbers 27 and 28 in the McArthur Estates Subdivision and a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 343 1 1; thence generally southeasterly, 1,177 feet, more or less, along the centerline of an unnamed creek tributary to Nancy Creek along the back property lines of Lot Number 40 through Lot Number 27 in McArthur Estates Subdivision to a point, said point being the intersection of the aforesaid creek with Land Lot Line 335-342; thence westerly, 944 feet, more or less, along Land Lot Line 335-342 to the common corner of Land Lots 334, 335, 342 and 343; thence southerly 701 feet, more or less, along Land Lot Line 334-335 to a point, said point being the intersection of Land Lot Line 334-335 with the northerly right-of-way of Interstate Highway 285, said interstate having a 300 foot right-of-way and limit of access width; thence southerly along Land Lot Line 334-335 across Interstate Highway to a point on the southerly right-of-way and limit of access of Interstate Highway 285; thence generally northwesterly, 2,654 feet, more or less, along the southerly right-of-way and limit of access of Interstate Highway 285 and its extension to the centerline of North Peachtree Road, said North Peachtree Road centerline being 2,475.6 feet measured along the centerline of Interstate Highway 285 from the intersection of Land Lot Line 334-335 with the northerly right-of-way of Interstate Highway 285; thence northerly, 520 feet, more or less, along the centerline of North Peachtree Road crossing Interstate Highway 285 to a point, said point being the intersection of the northerly limit of access of Interstate Highway 285 west of North Peachtree Road with the centerline of North Peachtree Road and the point of beginning. The above-described Council District Number 3 Limits for the proposed City of Dunwoody contains an area of 3.6 square miles, more or less, with a perimeter of 10.1 miles more or less. APPENDIX C CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION I, Senator Dan Weber, Georgia State Senator from the 40th District and the author of this bill introduced at the 2007 session of the General Assembly of Georgia, which grants an 2312 JOURNAL OF THE SENATE original municipal charter to the City of Dunwoody, 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. in that the area embraced within the original incorporation in this bill is in all respects 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 ____ day of __________, 2007. _________________________ Honorable Dan Weber Senator, 40th District Georgia State Senate Senator Weber of the 40th moved that the Senate agree to the House substitute to SB 82. On the motion, a roll call was taken and the vote was as follows: E Adelman Y Balfour E Brown Y Bulloch N Butler Y Carter E Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans E Golden Y Grant Hamrick Y Harbison E Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson N Jones Y Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Powell N Ramsey N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton Y Stoner N Tarver N Tate Y Thomas,D N Thomas,R Y Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 36, nays 13; the motion prevailed, and the Senate agreed to the House substitute to SB 82. THURSDAY, MARCH 20, 2008 2313 The following bill was taken up to consider House action thereto: SB 345. By Senators Harbison of the 15th, Douglas of the 17th, Moody of the 56th, Hooks of the 14th and Seay of the 34th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to adopt the Interstate Compact on Educational Opportunity for Military Children; to create the Interstate Commission on Educational Opportunity for Military Children; to provide for the members of the interstate commission and their service; provide for an executive committee and its membership and duties; to provide for the powers, duties, organization, and operations of the commission; to provide for oversight, enforcement, and dispute resolution; to provide for financing of the interstate commission; to provide for member states, effective date, and amendments; to provide for withdrawal and dissolution; to provide for binding effect and other laws; to provide for other related matters; to repeal conflicting laws; and for other purposes. The House amendments were as follows: Amendment #1 Amend SB 345 as follows: On Page 17, line 28 replace "shall" with "may" Amendment #2 Amend SB 345 by striking on line 5 on page 18 "levy on and collect" and inserting in its place "request". By striking on line 10 of page 18 ", which shall promulgate a rule binding upon all member states". Senator Harbison of the 15th asked unanimous consent that the Senate disagree to the House amendments to SB 345. The consent was granted, and the Senate disagreed to the House amendments to SB 345. The following bill was taken up to consider House action thereto: SB 352. By Senators Cowsert of the 46th, Tolleson of the 20th, Bulloch of the 11th, Pearson of the 51st, Smith of the 52nd and others: A BILL to be entitled an Act to amend Code Section 50-13-4 of the Official 2314 JOURNAL OF THE SENATE Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on actions to contest rules, and legislative override, so as to change certain exemptions from legislative override; to provide an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on actions to contest rules, and legislative override, so as to change certain exemptions from legislative override; 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 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on actions to contest rules, and legislative override, is amended by revising subsections (g) and (i) as follows: "(g)(1) Subsection (f) of this Code section shall not apply to the Environmental Protection Division of the Department of Natural Resources as to any rule for which, as part of the notice required by paragraph (1) of subsection (a) of this Code section, the director of the division certifies that such rule is required for compliance with federal statutes or regulations or to exercise certain powers delegated by the federal government to the state to implement federal statutes or regulations, but paragraph (2) of this subsection shall apply to the Environmental Protection Division of the Department of Natural Resources as to any rule so certified. As part of such certification, the director shall cite the specific section or sections of federal statutes or regulations which the proposed rule is intended to comply with or implement. General references to the name or title of a federal statute or regulation shall not suffice for the purposes of this paragraph. Any proposed rule or rules that are subject to this paragraph shall be noticed separately from any proposed rule or rules that are not subject to this paragraph. (2) In the event the chairman chairperson of any standing committee to which a proposed rule relative to the Environmental Protection Division of the Department of Natural Resources certified by the director of the division pursuant to paragraph (1) of this subsection is assigned notifies the agency director that the committee objects to the adoption of the rule or has questions concerning the purpose, nature, or necessity of the such rule, it shall be the duty of the agency director to consult with the THURSDAY, MARCH 20, 2008 2315 committee prior to the adoption of the rule." "(i) This Code section shall not apply to any comprehensive state-wide water management plan or revision thereof prepared by the Environmental Protection Division of the Department of Natural Resources and proposed, adopted, amended, or repealed pursuant to Article 8 of Chapter 5 of Title 12; provided, however, that this Code section shall apply to any rules or regulations implementing such a plan." 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 Cowsert of the 46th moved that the Senate agree to the House substitute to SB 352 as amended by the following amendment: Amend the House substitute to SB 352 (LC 25 5196S) by inserting after "so as" on line 3 of page 1 the following: to provide an alternate method for a General Assembly objection to administrative rules; to provide that the effectiveness of a challenged agency rule may be stayed until the General Assembly has the opportunity to take action on such rule at the next legislative session; to provide for related matters; By revising lines 10 and 11 of page 1 to read as follows: actions to contest rules, and legislative override, is amended by revising subsections (f), (g), and (i) as follows: By inserting between lines 11 and 12 of page 1 the following: "(f)(1) In the event a standing committee to which a notice is assigned as provided in subsection (e) of this Code section files an objection to a proposed rule prior to its adoption and the agency adopts the proposed rule over the objection, the rule may be considered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of any agency which adopts a proposed rule over such objection so to notify the presiding officers of the Senate and the House of Representatives, the chairmen of the Senate and House committees to which the rule was referred, and the legislative counsel within ten days after the adoption of the rule. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, to consider the resolution for the 2316 JOURNAL OF THE SENATE purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of his or her veto, the rule shall remain in effect. In the event of his or her approval, the rule shall be void on the day after the date of his or her approval. (2) In the event each standing committee to which a notice is assigned as provided in subsection (e) of this Code section files an objection to a proposed rule prior to its adoption by a two-thirds vote of the members of the committee who were voting members on the tenth day of the current session, after having given public notice of the time, place, and purpose of such vote at least 48 hours in advance, as well as the opportunity for members of the public including the promulgating agency, to have a reasonable time to comment on the proposed committee action at the hearing, the effectiveness of such rule shall be stayed until the next legislative session at which time the rule may be considered by the General Assembly by the introduction of a resolution in either branch of the General Assembly for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. In the event the resolution is adopted by the branch of the General Assembly in which it was introduced, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, to consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of his or her veto, the rule shall remain in effect. In the event of his or her approval, the rule shall be void on the day after the date of his or her approval. If after the thirtieth legislative day of the legislative session of which the challenged rule was to be considered the General Assembly has not considered an override of the challenged rule pursuant to this subsection, the rule shall then immediately take effect. By deleting the quotation marks at the beginning of line 12 of page 1. On the motion, a roll call was taken and the vote was as follows: E Adelman Y Balfour E Brown Y Bulloch Y Butler Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith THURSDAY, MARCH 20, 2008 2317 Y Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison E Harp Y Hawkins Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen E Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 352 as amended by the Senate. Senator Hill of the 4th asked unanimous consent that, upon receipt of HB 990 from the House, the Rules be suspended so that HB 990 could be read for the 1st time and referred to committee. There was no objection. The following bill was taken up to consider House action thereto: SB 430. By Senators Hamrick of the 30th, Hill of the 32nd, Mullis of the 53rd, Pearson of the 51st and Murphy of the 27th: A BILL to be entitled an Act to amend Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, so as to provide that the Georgia Bureau of Investigation may include such information in a data base and compare such information to samples collected from evidentiary materials; 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 2318 JOURNAL OF THE SENATE To amend Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, so as to provide that the Georgia Bureau of Investigation may compare such information to samples collected from evidentiary materials; 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 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, is amended by adding a new subsection to read as follows: "(a.1) The bureau may compare a DNA profile obtained from the analysis of a sample lawfully obtained from a suspect who has been arrested for a felony offense to DNA profiles obtained from samples collected from evidentiary materials. A suspect whose DNA profile is obtained pursuant to this subsection and who was: (1) Arrested for an offense under the laws of this state but subsequent to such arrest is released by the arresting agency without such offense being referred to the prosecuting attorney for prosecution; (2) After such offense referred to the proper prosecuting attorney, and the prosecuting attorney dismisses the charges without seeking an indictment or filing an accusation; (3) Found not guilty of the charges by a judge or jury; or (4) Convicted of an offense, but such conviction was reversed by an appellate court, which decision has been made final, and the prosecuting attorney has elected not to pursue the charges further may request, in writing, the bureau to remove the suspects DNA profile from the data base if it is not otherwise lawfully within such data base. Such request shall be in such form as the bureau shall prescribe. The prosecuting attorney shall notify the bureau of the disposition of charges as provided in paragraphs (2) through (4) of this subsection and the arresting agency shall notify the bureau of the disposition of charges as provided in paragraph (1) of this subsection. The bureau shall remove the suspects DNA profile upon receipt of notification by the appropriate authority and request by the suspect. (a.2) Nothing in this code section shall prevent a DNA sample to be obtained pursuant to a lawfully obtained search warrant." 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 Hamrick of the 30th asked unanimous consent that the Senate disagree to the THURSDAY, MARCH 20, 2008 2319 House substitute to SB 430. The consent was granted, and the Senate disagreed to the House substitute to SB 430. Senator Williams of the 19th moved that the Senate stand in recess until 12:00 midnight, then pursuant to SR 1148, adjourn until 10:00 a.m. Thursday, March 27, 2008. At 2:01 p.m. the President announced that the motion prevailed. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted the report of the Committee of Conference on the following Bill of the House: HB 989. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the "General Appropriations Act," approved May 30, 2007. Pursuant to Article III, Section V, Paragraph XIII (b) of the Constitution of the State of Georgia, by a vote of 165 yeas 0 nays, the House ordered HB989 be immediately transmitted to the Governor. Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 990. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009. The House has disagreed to the Senate amendment to the House substitute to the following Bill of the Senate: 2320 JOURNAL OF THE SENATE SB 145. By Senators Smith of the 52nd, Johnson of the 1st, Williams of the 19th, Seabaugh of the 28th, Moody of the 56th and others: A BILL to be entitled an Act to amend Code Section 16-5-1 and Chapter 10 of Title 17 of the O.C.G.A., relating to murder and felony murder and sentencing and punishment, respectively, so as to provide for the imposition of life without parole of persons convicted of murder independently of a death penalty prosecution; to repeal certain provisions relating to imprisonment for life without parole and finding statutory aggravating circumstance; to provide for certain information to be reported to the court under certain circumstances; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following communication was sent to the Governor: 404-656-5015 Clerk's Office House of Representatives 309 State Capitol Atlanta, Georgia 30334 March 20, 2008 The Honorable Sonny Perdue Governor of the State of Georgia Room 201, State Capitol Atlanta, Georgia 30334 Dear Governor Perdue, The House of Representatives has adopted the report of the Committee of Conference on the following Bill of the House: HB 989. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th, and Golick of the 34th A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the "General Appropriations Act," approved May 30, 2007. THURSDAY, MARCH 20, 2008 2321 The Senate has also adopted the report of the Committee of Conference on HB 989. Pursuant to Article III, Section V, Paragraph XIII (b) of the Constitution of the State of Georgia, by a vote of 165 yeas 0 nays, the House of Representatives, on this day, ordered HB 989 be immediately transmitted to the Governor. Also, on this day, the Senate by a vote of 49 yeas 1 nay, ordered HB 989 be immediately transmitted to the Governor. Accordingly, House Bill 989 is transmitted to you herewith this date. Very truly yours, Robert E. Rivers, Jr. Clerk, Georgia House of Representatives The following House legislation was read the first time and referred to committee: HB 990. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009. Referred to the Appropriations Committee. Pursuant to an earlier adopted motion, the Senate stood adjourned at 12:00 midnight. 2322 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, March 27, 2008 Thirty-fifth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by Senator Eric Johnson, President Pro Tempore. Senator Hamrick of the 30th 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 communications were received by the Secretary: Sonny Perdue Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 March 21, 2008 The Honorable Casey Cagle Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334 The Honorable Glenn Richardson Speaker of the Georgia House of Representatives 332 State Capitol Atlanta, Georgia 30334 Dear Gentlemen: Please be advised that I have exercised my authority pursuant to Georgia Constitution Article 3, Section 5, Paragraph 14 to veto the following item in House Bill 989: Section 37, pertaining to the Department of Public Safety, page 124, item 290.101. Please be further advised that I have exercised my authority as Governor by instructing THURSDAY, MARCH 27, 2008 2323 agencies to disregard certain language within the following item in House Bill 989, as such language does not constitute an appropriation or any part thereof: Section 20, pertaining to the Department of Early Care and Learning, page 49, item 106.100. My messages with additional information for both of the items referenced above are enclosed. Sincerely, /s/ Sonny Perdue VETO Section 37, pertaining to the Department of Public Safety, page 124, item 290.101: The General Assembly seeks to earmark $250,000 for the North Central Law Enforcement Academy within the Field Offices and Services program. This appropriation seeks to increase the $271,952 annual contract currently between the Georgia Public Safety Training Center and the Cobb County Commission by 92%. Other contracts for regional law enforcement academies are for the same amount, and a 92% increase for the North Georgia Law Enforcement Academy would create significant inequities with the other regional law enforcement academies. As I stated last year regarding the Fiscal Year 2008 Budget, increases for law enforcement academies should be managed on a fair and equitable basis for all academies. Therefore I veto this appropriation. GENERAL LAW IN AN APPROPRIATIONS BILL Section 20, pertaining to the Department of Early Care and Learning, page 49, item 106.100: The General Assembly seeks to limit the number of Pre-K slots in the purpose statement of the Pre-Kindergarten program by inclusion of the following language: "This appropriation shall provide funds for no more than 77,775 slots." While the Department is currently managing for and expecting utilization of fewer than 77,775 slots, any limitation on the number of slots available is a matter to be determined pursuant to general law and not through an appropriation. Therefore, I have instructed the Department to comply strictly with the appropriation limit while understanding that the slot limit is not operative. I remain willing to engage in discussion of this issue through the general law legislative process. 2324 JOURNAL OF THE SENATE Senator J.B. Powell District 23 320-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Agriculture and Consumer Affairs Interstate Cooperation Science and Technology State Institutions and Property Natural Resources and the Environment March 26, 2008 The State Senate Atlanta, Georgia 30334 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Mr. Ewing: I would like to withdraw my vote of March 20, 2007 on the following Senate Bill: SB 80 - Public Retirement Systems; define terms; alternative investments; provide code of ethics. Your assistance in this matter will be greatly appreciated. Sincerely, /s/ J.B. Powell Senator, District 23 OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor March 26, 2008 Honorable Bob Ewing Secretary of the Senate The State Senate Atlanta, GA 30334 THURSDAY, MARCH 27, 2008 2325 Dear Secretary Ewing: This letter serves as official notice that the following Senator has been appointed as exofficio member of the following committee. This appointment is for today only, and will expire on March 26, 2008: Senator Johnny Grant Special Judiciary Please do not hesitate to contact me if you have any questions regarding this matter. Sincerely, /s/ Casey Cagle Lt. Governor of Georgia OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor March 27, 2008 Honorable Robert Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob, As President of the Georgia State Senate, I hereby appoint the following senator as exofficio member of the Insurance and Labor Committee for the committee meeting held on Thursday, March 27, 2008 at 8:30 am: Senator Judson Hill Please direct any questions to Russel Carlson in my office. Sincerely, /s/ Casey Cagle Lt. Governor of Georgia 2326 JOURNAL OF THE SENATE 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 1261. By Representatives Everson of the 106th and Casas of the 103rd: A BILL to be entitled an Act to authorize the City of Snellville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution, as amended, 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 1269. By Representatives Jerguson of the 22nd, Byrd of the 20th, Hill of the 21st and Hamilton of the 23rd: A BILL to be entitled an Act to provide for a homestead exemption from Cherokee County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1271. By Representatives Jerguson of the 22nd and Hamilton of the 23rd: A BILL to be entitled an Act to provide for a homestead exemption from City of Holly 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; 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. THURSDAY, MARCH 27, 2008 2327 HB 1302. By Representatives Glanton of the 76th, Johnson of the 75th, Starr of the 78th, Sinkfield of the 60th, Jordan of the 77th and others: A BILL to be entitled an Act to provide a code of ethics for the Clayton County School System; to provide for prohibited practices; to provide for disclosure; to provide for an ethics commission; to provide for membership; to provide for appointment and vacancies; to provide for eligibility; to provide for duties and powers; to provide for compensation; to provide for complaints; to provide for hearings and actions; to provide for sanctions; to provide for appeals; to provide for a training program; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1375. By Representative Powell of the 29th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Lavonia, approved May 13, 2002 (Ga. L. 2002, p. 5809), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3908), and by an Act approved May 17, 2004 (Ga. L. 2004, p. 4294), so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. HB 1378. By Representatives Chambers of the 81st, Watson of the 91st, Mosby of the 90th, Drenner of the 86th, Jacobs of the 80th and others: 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 by annexing certain territory; to change the composition of city council districts to accommodate such annexation; 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 1414. By Representatives Hembree of the 67th, Brooks of the 63rd, Bearden of the 68th and Bruce of the 64th: A BILL to be entitled an Act to amend an Act creating the State Court of Douglas County, approved April 1, 1999 (Ga. L. 1999, p. 3606), so as to provide an additional judge for the State Court of Douglas County; to provide for the appointment of the initial additional judge and the election of successors; to provide for terms of office of said additional judge and successors to such judge; to provide for powers and privileges of said 2328 JOURNAL OF THE SENATE additional 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. HB 1418. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to reconstitute the Board of Commissioners of White County; to provide for continuation of certain obligations and liabilities; to provide for a chairperson and four additional members; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for staggered terms; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for a vice chairperson; to provide for regular meetings; to provide for a county manager; to provide for other related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for the specific repeal of a local Act; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1419. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to provide for the compensation of the chairperson and members of the Board of Commissioners of White County; to provide for a referendum; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1420. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to repeal an Act approved March 27, 1985 (Ga. L. 1985, p. 4563), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1963 general election (Res. Act No. 23; H.R. 85-157; Ga. L. 1963, p. 670) providing for the election of the members of the Board of Education of White County; to provide the authority for this Act; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 27, 2008 2329 HB 1421. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to provide for the method of election of the members of the Board of Education of White County; to provide education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for the filling of vacancies; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for conditional effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1422. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from White County ad valorem taxes other than county school district taxes for educational purposes for persons 65 years and older whose income does not exceed $15,000.00, approved March 24, 1988 (Ga. L. 1988, p. 4472), so as to change the definition of the term "income"; to provide for a referendum; to provide for effective dates, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1423. By Representatives Amerson of the 9th and Collins of the 27th: A BILL to be entitled an Act to amend an Act to create the board of commissioners of Lumpkin County, approved April 13, 2001 (Ga. L. 2001, p. 4272), as amended, so as to authorize the county manager to appoint and employ a clerk for the board of commissioners; to provide for the assignment of duties of such clerk; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1424. By Representatives Amerson of the 9th and Collins of the 27th: A BILL to be entitled an Act to provide a homestead exemption from Lumpkin County ad valorem taxes for county purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or older or who are 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. 2330 JOURNAL OF THE SENATE HB 1425. By Representatives Amerson of the 9th and Collins of the 27th: A BILL to be entitled an Act to provide a homestead exemption from Lumpkin County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older or who are 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 1426. By Representative Amerson of the 9th: A BILL to be entitled an Act to provide a homestead exemption from City of Dahlonega ad valorem taxes for municipal purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older or who are 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 1427. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to amend an Act creating a board of elections and registration in Dawson County, approved April 23, 1998 (Ga. L. 1998, p. 4680), so as to change certain provisions related to the place of meetings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1429. By Representative Royal of the 171st: A BILL to be entitled an Act to amend an Act providing for the compensation of the chairman and members of the Board of Education of Mitchell County, approved March 19, 1984 (Ga. L. 1984, p. 4383), as amended, so as to change certain provisions regarding salary and per diem; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1430. By Representatives Setzler of the 35th, Ehrhart of the 36th, Wix of the 33rd, Cooper of the 41st, Teilhet of the 40th and others: A BILL to be entitled an Act to amend an Act creating a new charter for the THURSDAY, MARCH 27, 2008 2331 City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4497), so as to provide for the provision of Internet services within the city; to provide for matters related to such authority; to repeal conflicting laws; and for other purposes. HB 1432. By Representative Butler of the 18th: A BILL to be entitled an Act to provide a homestead exemption from City of Bremen independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that school district who are 62 years of age or older and whose income including the income of such persons spouse, 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 1434. By Representative Butler of the 18th: A BILL to be entitled an Act to provide a homestead exemption from City of Carrollton independent school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1437. By Representatives Hembree of the 67th, Bearden of the 68th, Bruce of the 64th and Brooks of the 63rd: A BILL to be entitled an Act to create a board of elections and registration for Douglas 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 2332 JOURNAL OF THE SENATE functions and duties for certain municipalities; to provide for related matters; to repeal an Act creating a board of elections for Douglas County, approved April 9, 1984 (Ga. L. 1984, p. 5270); 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 1439. By Representatives Bearden of the 68th and Hembree of the 67th: A BILL to be entitled an Act to create the City of Villa Rica Public Facilities 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 the issuance and sale of revenue bonds and their negotiability, sale, and use of proceeds from such sales; to provide for conditions for issuance of such obligations; to prohibit the pledge of credit for the payment of bonds; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1440. By Representative Pruett of the 144th: A BILL to be entitled an Act to create the Cochran Municipal 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 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 payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for liberal construction; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1441. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act providing for the election of the board of education of Bacon County, approved February 20, 1976 (Ga. L. 1976, p. 2713), as amended, particularly by an Act approved March 28, THURSDAY, MARCH 27, 2008 2333 1985 (Ga. L. 1985, p. 4823), and by an Act approved May 16, 2007 (Ga. L. 2007, p. 3707), so as to provide for the selection of the chairman to the board; to provide for a referendum; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1442. By Representative Hatfield of the 177th: A BILL to be entitled an Act to provide for a homestead exemption from City of Waycross 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 applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1443. By Representative Hatfield of the 177th: A BILL to be entitled an Act to provide for a homestead exemption from Ware County school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1444. By Representative Pruett of the 144th: A BILL to be entitled an Act to amend an Act creating the Heart of Georgia Regional Airport Authority, approved April 18, 1995 (Ga. L. 1995, p. 4448), so as to provide that such authoritys ability to use revenue bonds shall also include other obligations; to provide definitions; to provide for the reference to obligations throughout the Act; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1445. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to provide a homestead exemption from Dawson County ad valorem taxes for county purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that 2334 JOURNAL OF THE SENATE county who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00; 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 1446. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to provide a homestead exemption from Dawson County school district ad valorem taxes for educational purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that school district who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00; 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. The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 359. By Senators Golden of the 8th, Pearson of the 51st, Stoner of the 6th, Mullis of the 53rd, Thomas of the 54th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to provide legislative findings; to create a "Made in Georgia" program; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. SB 414. By Senators Mullis of the 53rd, Johnson of the 1st, Murphy of the 27th, Seay of the 34th, Chapman of the 3rd and others: A BILL to be entitled an Act to amend Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to provide a short title; to revise certain definitions; to provide for the calling of meetings and the quorum for meetings of the Georgia Firefighter Standards and Training Council; to authorize the Georgia Firefighter Standards and Training Council to adopt rules for the transaction of business and for the creation of committees; to authorize the Georgia Firefighter Standards and Training Council to probate, suspend, or otherwise sanction persons for violating its standards for employment and THURSDAY, MARCH 27, 2008 2335 training related to fire safety and fire fighting; to delete an obsolete provision concerning qualifications of firefighters; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 467. By Senator Hooks of the 14th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Upson County, approved February 1, 1877 (Ga. L. 1877, p. 3729), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4388), so as to provide for matters under the exclusive jurisdiction and control of the board of commissioners; to provide for the appointment of a county manager and county clerk; to provide for the duties and compensation for a county manager and county clerk; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 502. By Senators Grant of the 25th, Thomas of the 2nd and Seay of the 34th: A BILL to be entitled an Act to amend Code Section 42-9-9 of the Official Code of Georgia Annotated, relating to employees of the parole board, so as to provide that certified parole officers employed by the parole board who leave the board under certain conditions may retain their badges; to repeal conflicting laws; and for other purposes. SB 544. By Senator Douglas of the 17th: A BILL to be entitled an Act to provide a homestead exemption from Newton County ad valorem taxes for maintenance and operation of facilities of the county in the amount of $30,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or older and whose 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. The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 444. By Senators Pearson of the 51st, Mullis of the 53rd, Stoner of the 6th, Williams of the 19th and Seay of the 34th: A BILL to be entitled an Act to amend Code Section 32-7-4 of the Official 2336 JOURNAL OF THE SENATE Code of Georgia Annotated, relating to the procedure for disposition of property not needed for public road purposes, so as to allow the Department of Transportation to more readily dispose of surplus property; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 463. By Senators Pearson of the 51st, Tolleson of the 20th, Murphy of the 27th, Schaefer of the 50th and Rogers of the 21st: 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 change certain provisions relating to adoption and continuation of state minimum standard codes and enforcement thereof; to provide for enforcement of a gray water recycling systems appendix to the state minimum standard plumbing code; to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to provide certain conditions for use of residential gray water systems; to amend Code Section 43-14-2, relating to definitions relative to licensing of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of plumbing; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 558. By Senator Schaefer of the 50th: A BILL to be entitled an Act to amend an Act creating a board of commissioners for Banks County, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 3058), an Act approved March 21, 1970 (Ga. L. 1970, p. 3297), and an Act approved March 15, 1988 (Ga. L. 1988, p. 3999), so as to provide for an increase in the number of members of the board; to provide for the election of members of the board; to provide for related matters; to provide for a referendum; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SR 1202. By Senators Murphy of the 27th, Douglas of the 17th and Hawkins of the 49th: A RESOLUTION urging the Surgeon General of the Army and the Chief, THURSDAY, MARCH 27, 2008 2337 National Guard Bureau to change existing policy regarding the ability of priority units within the National Guard, who have a high probability of future deployment into a combat zone, to receive Warfighter Refractive Eye Surgery Program (WRESP) benefits; and for other purposes. Referred to the Rules Committee. SR 1213. By Senators Moody of the 56th, Hill of the 4th and Weber of the 40th: A RESOLUTION creating the Senate Education Funding Mechanisms Review 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 1261. By Representatives Everson of the 106th and Casas of the 103rd: A BILL to be entitled an Act to authorize the City of Snellville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution, as amended, 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 1269. By Representatives Jerguson of the 22nd, Byrd of the 20th, Hill of the 21st and Hamilton of the 23rd: A BILL to be entitled an Act to provide for a homestead exemption from Cherokee County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1271. By Representatives Jerguson of the 22nd and Hamilton of the 23rd: A BILL to be entitled an Act to provide for a homestead exemption from City 2338 JOURNAL OF THE SENATE of Holly 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; 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 1302. By Representatives Glanton of the 76th, Johnson of the 75th, Starr of the 78th, Sinkfield of the 60th, Jordan of the 77th and others: A BILL to be entitled an Act to provide a code of ethics for the Clayton County School System; to provide for prohibited practices; to provide for disclosure; to provide for an ethics commission; to provide for membership; to provide for appointment and vacancies; to provide for eligibility; to provide for duties and powers; to provide for compensation; to provide for complaints; to provide for hearings and actions; to provide for sanctions; to provide for appeals; to provide for a training program; 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 1375. By Representative Powell of the 29th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Lavonia, approved May 13, 2002 (Ga. L. 2002, p. 5809), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3908), and by an Act approved May 17, 2004 (Ga. L. 2004, p. 4294), 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 1378. By Representatives Chambers of the 81st, Watson of the 91st, Mosby of the 90th, Drenner of the 86th, Jacobs of the 80th and others: 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 by annexing certain territory; to change the composition of city council districts to accommodate such annexation; to provide for a referendum; to provide for automatic repeal under certain circumstances; to provide for THURSDAY, MARCH 27, 2008 2339 effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 1414. By Representatives Hembree of the 67th, Brooks of the 63rd, Bearden of the 68th and Bruce of the 64th: A BILL to be entitled an Act to amend an Act creating the State Court of Douglas County, approved April 1, 1999 (Ga. L. 1999, p. 3606), so as to provide an additional judge for the State Court of Douglas County; to provide for the appointment of the initial additional judge and the election of successors; to provide for terms of office of said additional judge and successors to such judge; to provide for powers and privileges of said additional 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. HB 1418. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to reconstitute the Board of Commissioners of White County; to provide for continuation of certain obligations and liabilities; to provide for a chairperson and four additional members; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for staggered terms; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for a vice chairperson; to provide for regular meetings; to provide for a county manager; to provide for other related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for the specific repeal of a local Act; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1419. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to provide for the compensation of the chairperson and members of the Board of Commissioners of White County; to 2340 JOURNAL OF THE SENATE provide for a referendum; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1420. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to repeal an Act approved March 27, 1985 (Ga. L. 1985, p. 4563), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1963 general election (Res. Act No. 23; H.R. 85-157; Ga. L. 1963, p. 670) providing for the election of the members of the Board of Education of White County; to provide the authority for this Act; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1421. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to provide for the method of election of the members of the Board of Education of White County; to provide education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for the filling of vacancies; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for conditional effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1422. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from White County ad valorem taxes other than county school district taxes for educational purposes for persons 65 years and older whose income does not exceed $15,000.00, approved March 24, 1988 (Ga. L. 1988, p. 4472), so as to change the definition of the term "income"; to provide for a referendum; to provide for effective dates, applicability, and automatic repeal; THURSDAY, MARCH 27, 2008 2341 to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1423. By Representatives Amerson of the 9th and Collins of the 27th: A BILL to be entitled an Act to amend an Act to create the board of commissioners of Lumpkin County, approved April 13, 2001 (Ga. L. 2001, p. 4272), as amended, so as to authorize the county manager to appoint and employ a clerk for the board of commissioners; to provide for the assignment of duties of such clerk; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1424. By Representatives Amerson of the 9th and Collins of the 27th: A BILL to be entitled an Act to provide a homestead exemption from Lumpkin County ad valorem taxes for county purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or older or who are 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 1425. By Representatives Amerson of the 9th and Collins of the 27th: A BILL to be entitled an Act to provide a homestead exemption from Lumpkin County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older or who are 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 1426. By Representative Amerson of the 9th: A BILL to be entitled an Act to provide a homestead exemption from City of 2342 JOURNAL OF THE SENATE Dahlonega ad valorem taxes for municipal purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older or who are 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 1427. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to amend an Act creating a board of elections and registration in Dawson County, approved April 23, 1998 (Ga. L. 1998, p. 4680), so as to change certain provisions related to the place of meetings; 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 1429. By Representative Royal of the 171st: A BILL to be entitled an Act to amend an Act providing for the compensation of the chairman and members of the Board of Education of Mitchell County, approved March 19, 1984 (Ga. L. 1984, p. 4383), as amended, so as to change certain provisions regarding salary and per diem; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1430. By Representatives Setzler of the 35th, Ehrhart of the 36th, Wix of the 33rd, Cooper of the 41st, Teilhet of the 40th and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4497), so as to provide for the provision of Internet services within the city; to provide for matters related to such authority; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. THURSDAY, MARCH 27, 2008 2343 HB 1432. By Representative Butler of the 18th: A BILL to be entitled an Act to provide a homestead exemption from City of Bremen independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that school district who are 62 years of age or older and whose income including the income of such persons spouse, 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 1434. By Representative Butler of the 18th: A BILL to be entitled an Act to provide a homestead exemption from City of Carrollton independent school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1437. By Representatives Hembree of the 67th, Bearden of the 68th, Bruce of the 64th and Brooks of the 63rd: A BILL to be entitled an Act to create a board of elections and registration for Douglas 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 repeal an Act creating a board of elections for Douglas County, approved April 9, 1984 (Ga. L. 1984, p. 5270); to provide for submission under Section 5 of the federal Voting Rights 2344 JOURNAL OF THE SENATE 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 1439. By Representatives Bearden of the 68th and Hembree of the 67th: A BILL to be entitled an Act to create the City of Villa Rica Public Facilities 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 the issuance and sale of revenue bonds and their negotiability, sale, and use of proceeds from such sales; to provide for conditions for issuance of such obligations; to prohibit the pledge of credit for the payment of bonds; 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 1440. By Representative Pruett of the 144th: A BILL to be entitled an Act to create the Cochran Municipal 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 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 payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for liberal construction; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. THURSDAY, MARCH 27, 2008 2345 HB 1441. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act providing for the election of the board of education of Bacon County, approved February 20, 1976 (Ga. L. 1976, p. 2713), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4823), and by an Act approved May 16, 2007 (Ga. L. 2007, p. 3707), so as to provide for the selection of the chairman to the board; to provide for a referendum; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1442. By Representative Hatfield of the 177th: A BILL to be entitled an Act to provide for a homestead exemption from City of Waycross 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 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 1443. By Representative Hatfield of the 177th: A BILL to be entitled an Act to provide for a homestead exemption from Ware County school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1444. By Representative Pruett of the 144th: A BILL to be entitled an Act to amend an Act creating the Heart of Georgia Regional Airport Authority, approved April 18, 1995 (Ga. L. 1995, p. 4448), so 2346 JOURNAL OF THE SENATE as to provide that such authoritys ability to use revenue bonds shall also include other obligations; to provide definitions; to provide for the reference to obligations throughout the Act; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1445. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to provide a homestead exemption from Dawson County ad valorem taxes for county purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that county who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00; 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 1446. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to provide a homestead exemption from Dawson County school district ad valorem taxes for educational purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that school district who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00; 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. 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 280 Do Pass by substitute HB 1281 Do Pass by substitute THURSDAY, MARCH 27, 2008 2347 Respectfully submitted, Senator Bulloch of the 11th District, Chairman 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 972 Do Pass Respectfully submitted, Senator Hamrick of the 30th 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 831 Do Pass HB 1024 Do Pass HB 1065 Do Pass Respectfully submitted, Senator Rogers of the 21st 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 1348 Do Pass Respectfully submitted, Senator Harbison of the 15th District, Chairman Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: 2348 JOURNAL OF THE SENATE HB 188 HB 336 HB 960 HB 1020 HB 1040 HB 1051 HB 1054 Do Pass Do Pass by substitute Do Pass Do Pass by substitute Do Pass Do Pass Do Pass by substitute HB 1071 HB 1090 HB 1093 HB 1283 HB 1346 SR 1093 Do Pass Do Pass Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass Respectfully submitted, Senator Smith of the 52nd District, Chairman Mr. President: The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 239 Do Pass by substitute HB 1226 Do Pass by substitute Respectfully submitted, Senator Tolleson of the 20th 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 92 Do Pass HB 111 Do Pass HB 1000 Do Pass by substitute HB 1018 Do Pass HB 1104 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: THURSDAY, MARCH 27, 2008 2349 HB 790 HB 791 HB 993 HB 1098 HB 1353 Do Pass Do Pass Do Pass Do Pass Do Pass HB 1354 HB 1383 SB 555 SB 556 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 1425 Do Pass Respectfully submitted, Senator Grant of the 25th 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 426 Do Pass by substitute HB 1189 Do Pass by substitute SR 1120 Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Chairman The following legislation was read the second time: HB 68 HB 180 HB 470 HB 472 HB 641 HB 656 HB 673 HB 732 HB 864 HB 958 HB 963 HB 964 HB 978 HB 1016 HB 1086 HB 1113 HB 1121 HB 1126 HB 1132 HB 1160 HB 1176 HB 1186 HB 1220 HB 1221 HB 1227 HB 1238 HB 1243 HB 1244 HB 1280 HB 1335 HR 1103 HR 1246 SR 1097 SR 1147 2350 JOURNAL OF THE SENATE At 10:09 a.m. Senator Eric Johnson, President Pro Tempore, announced that the Senate would stand in recess for a special Rules meeting. At 10:12 a.m. Senator Eric Johnson, President Pro Tempore, called the Senate to order. The following committee report was read by the Secretary: Mr. President: The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1244 HR 1246 Pursuant to Senate Rule 2-1.10(b), both pieces of legislation referred by the Senate Rules Committee to the Senate Finance Committee from the General Calendar. Respectfully submitted, Senator Balfour of the 9th District, Chairman At 10:18 a.m. Senator Eric Johnson, President Pro Tempore, 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 Williams of the 19th asked unanimous consent to change the order of business for the reading of additional standing committee reports. There was no objection. 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 990 Do Pass by substitute HR 1078 Do Pass as amended Respectfully submitted, Senator Hill of the 4th District, Chairman THURSDAY, MARCH 27, 2008 2351 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 905 Do Pass by substitute HB 1209 Do Pass by substitute HB 1277 Do Pass Respectfully submitted, Senator Weber of the 40th 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 237 HB 272 HB 302 HB 851 HB 957 HB 977 HB 1023 HB 1035 HB 1046 HB 1081 HB 1100 Do Pass by substitute Do Pass by substitute Do Pass Do Pass by substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass by substitute Do Pass HB 1110 HB 1133 HB 1158 HB 1159 HB 1168 HB 1211 HB 1244 HB 1273 HB 1274 HR 1246 HR 1276 Do Pass by substitute Do Pass Do Pass by substitute Do Pass Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Rogers of the 21st 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 127 Do Pass by substitute HB 367 Do Pass by substitute HB 492 Do Pass by substitute HB 535 Do Pass by substitute 2352 JOURNAL OF THE SENATE 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 152 Do Pass HB 919 Do Pass by substitute Respectfully submitted, Senator Harp of the 29th District, Chairman Mr. President: The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 544 Do Pass by substitute HB 798 Do Pass by substitute HB 1235 Do Pass by substitute HB 1328 Do Pass Respectfully submitted, Senator Hudgens of the 47th District, Chairman Mr. President: The Public Safety Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 333 HB 950 HB 951 Do Pass Do Pass by substitute Do Pass HB 969 Do Pass by substitute HB 1037 Do Pass Respectfully submitted, Senator Murphy of the 27th District, Chairman Mr. President: The Regulated Industries and Utilities Committee has had under consideration the THURSDAY, MARCH 27, 2008 2353 following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 393 HB 494 HB 611 HB 930 Do Pass Do Pass Do Pass Do Pass HB 1061 Do Pass HB 1066 Do Pass HB 1217 Do Pass by substitute Respectfully submitted, Senator Shafer of the 48th District, Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1112 Do Pass by substitute Respectfully submitted, Senator Wiles of the 37th District, Chairman Senator Williams of the 19th asked unanimous consent to suspend the Senate Rules to second read HB 990. There was no objection. The following legislation was read the second time: HB 990 Senator Davenport of the 44th 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 Carter Chapman Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Johnson Rogers Schaefer Seabaugh Seay Shafer,D Smith Staton 2354 JOURNAL OF THE SENATE Cowsert Davenport Douglas Fort Golden Grant Hamrick Harbison Harp Hawkins Heath Jones Me V Bremen Moody Mullis Murphy Orrock Pearson Powell Ramsey Reed Stoner Tarver Thomas,D Thomas,R Thompson,S Tolleson Unterman Weber Wiles Williams Not answering were Senators: Chance Goggans Tate Thompson, C. (Excused) The members pledged allegiance to the flag. The President recognized the chaplain of the day, Senator Tommie Williams of Lyons, Georgia, who offered scripture reading and prayer. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate amendment to the House substitute to the following Bill of the Senate: SB 352. By Senators Cowsert of the 46th, Tolleson of the 20th, Bulloch of the 11th, Pearson of the 51st, Smith of the 52nd and others: A BILL to be entitled an Act to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on actions to contest rules, and legislative override, so as to change certain exemptions from legislative override; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Hooks of the 14th recognized Americus High School Singers, commended by SR 1217, adopted today. THURSDAY, MARCH 27, 2008 2355 The following resolutions were read and adopted: SR 1203. By Senators Fort of the 39th and Orrock of the 36th: A RESOLUTION recognizing and commending Ms. Margaret "Maggie" F. Garrett; and for other purposes. SR 1204. By Senator Brown of the 26th: A RESOLUTION recognizing and commending Greater Antioch Missionary Baptist Church on the occasion of its 139th anniversary; and for other purposes. SR 1205. By Senator Balfour of the 9th: A RESOLUTION commending the European Union and recognizing May 9, 2008, as "Europe Day"; and for other purposes. SR 1206. By Senators Tarver of the 22nd, Powell of the 23rd, Reed of the 35th, Seay of the 34th, Jones of the 10th and others: A RESOLUTION recognizing and commending Honorable John H. "Jack" Ruffin, Jr.; and for other purposes. SR 1207. By Senator Meyer von Bremen of the 12th: A RESOLUTION commending the Darton College Cavaliers swim team; and for other purposes. SR 1208. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Debra Strydom; and for other purposes. SR 1209. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Dr. Sandra Case; and for other purposes. SR 1210. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Dr. Kathleen Velueta; and for other purposes. 2356 JOURNAL OF THE SENATE SR 1211. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Kim Geddes; and for other purposes. SR 1212. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Andra Langoussis, Kell High School's STAR Student for 2007-2008; and for other purposes. SR 1214. By Senators Wiles of the 37th, Rogers of the 21st, Hill of the 32nd, Thompson of the 33rd and Stoner of the 6th: A RESOLUTION recognizing Cool Dreams, Inc.; and for other purposes. SR 1215. By Senators Wiles of the 37th, Rogers of the 21st, Hill of the 32nd, Thompson of the 33rd and Stoner of the 6th: A RESOLUTION recognizing and commending Ed and Linda Levitt; and for other purposes. SR 1216. By Senators Wiles of the 37th, Rogers of the 21st, Hill of the 32nd, Thompson of the 33rd and Stoner of the 6th: A RESOLUTION recognizing and commending Bill Borden; and for other purposes. SR 1217. By Senator Hooks of the 14th: A RESOLUTION recognizing and commending the Americus High School Singers; and for other purposes. SR 1218. By Senators Tolleson of the 20th, Thompson of the 33rd, Johnson of the 1st and Williams of the 19th: A RESOLUTION recognizing and commending Georgia Bureau of Investigation Special Agent in Charge and Georgia National Guard Lieutenant Colonel Michael B. "Mike" Fordham; and for other purposes. SR 1219. By Senators Thompson of the 33rd, Tolleson of the 20th, Johnson of the 1st and Williams of the 19th: A RESOLUTION recognizing and honoring William Austin Atkins, Sr.; and THURSDAY, MARCH 27, 2008 2357 for other purposes. SR 1220. By Senators Rogers of the 21st, Grant of the 25th, Harp of the 29th, Johnson of the 1st, Hudgens of the 47th and others: A RESOLUTION commending Dr. G. Wayne Clough; and for other purposes. SR 1221. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Bernie Marcus; and for other purposes. SR 1222. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Kennesaw State University for its commitment to environmental sustainability; and for other purposes. SR 1223. By Senator Pearson of the 51st: A RESOLUTION commemorating the tenth anniversary of the Len Foote Hike Inn; and for other purposes. SR 1225. By Senator Moody of the 56th: A RESOLUTION honoring and celebrating the life of Chandler Soleil Long; and for other purposes. Senator Butler of the 55th honored Police Officer Ricky Bryant, Jr., commended by SR 1051, adopted previously. Senator Butler of the 55th honored Police Officer Eric Barker, commended by SR 1050, adopted previously. Senator Tate of the 38th was excused for business outside the Senate Chamber. 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 27, 2008 Thirty-fifth Legislative Day 2358 JOURNAL OF THE SENATE (The names listed are the Senators whose districts are affected by the legislation.) SB 555 SB 556 HB 1353 Chapman of the 3rd GLYNN COUNTY A BILL to be entitled an Act to amend an Act entitled "An Act to consolidate and amend 'An Act to regulate public instruction in the County of Glynn,' approved February 21, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned," approved August 12, 1914 (Ga. L. 1914, p. 275), as amended, particularly by an Act approved October 25, 2001(Ga. L. 2001 Ex. Sess., p. 780), so as to change the provisions relating to compensation of members of the board of education; to provide an effective date; to repeal conflicting laws; and for other purposes. Hooks of the 14th TOWN OF WESTON AND WEBSTER COUNTY A BILL to be entitled an Act to repeal an Act incorporating and providing a charter for the Town of Weston in Webster County, approved August 12, 1911 (Ga. L. 1911, p. 1620); to thereby provide for the territory formerly included in the town to become subject to governance by the governing authority of the consolidated government of Webster County or the governing authority of Webster County, whichever may be in effect on the effective date of this Act; to provide for the devolution of all assets and obligations of the Town of Weston to the consolidated government of Webster County or the county government of Webster County, whichever may be in effect on the effective date of this Act; to provide for other related matters; 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 providing an exemption from Catoosa County ad valorem taxes for county purposes for certain disabled persons, approved April 19, 2000 (Ga. L. 2000, p. 3696), so as to increase the maximum income level permitted for eligibility for such exemption; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 27, 2008 2359 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 1354 Mullis of the 53rd Thomas of the 54th CATOOSA COUNTY A BILL to be entitled an Act to amend an Act providing a homestead exemption from Catoosa County ad valorem taxes for county purposes for certain residents who are 62 years of age or older, approved April 2, 1998 (Ga. L. 1998, p. 4054), so as to increase the maximum income level permitted for eligibility for such exemption; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1383 Pearson of the 51st GILMER COUNTY A BILL to be entitled an Act to provide a homestead exemption from Gilmer County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Stoner Y Tarver E Tate Y Thomas,D 2360 JOURNAL OF THE SENATE Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Ramsey Y Reed Y Rogers Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams 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 communication was received by the Secretary: Senator Ronald Ramsey, Sr. District 43 320-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Education and Youth Insurance and Labor Special Judiciary State and Local Governmental Operations Urban Affairs The Georgia Senate Atlanta, Georgia 30334 March 27, 2008 Re: Local Consent Calendar Vote Please be advised that I was present in the Chamber on this date and was presenting guests at the rostrum when the vote was called. Please register a Yes vote for me on the Local Consent Calendar. /s/ Ronald Ramsey, Sr. Senator Cowsert of the 46th moved that SB 352, which passed the General Assembly, be transmitted immediately to the Governor pursuant to Article 3, Section 5, Paragraph 13(b) of the Constitution. On the motion, a roll call was taken, and the vote was as follows: THURSDAY, MARCH 27, 2008 2361 Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Golden Grant Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Shafer,D Y Smith Y Staton Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R E Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 47, nays 1 the motion prevailed and SB 352 was immediately transmitted to the Governor. Senator Balfour of the 9th introduced the doctor of the day, Dr. Melinda Willingham. Senator Thompson of the 33rd recognized William Austin Atkins, Sr., commended by SR 1219, adopted previously. William "Bill" Austin Atkins, Sr. addressed the Senate briefly. Senator Tolleson of the 20th introduced GBI Special Agent in Charge and Georgia National Guard Lt. Col. Michael B. "Mike" Fordham, commended by SR 1218, adopted previously. Lt. Col. Michael B. "Mike" Fordham addressed the Senate briefly. Senator Schaefer of the 50th recognized the founders of the Paul Anderson Memorial Park, commended by SR 993, adopted previously. Senator Douglas of the 17th recognized the Eastside High School Wrestling Team, commended by SR 1160, adopted previously. The following Senators were excused for business outside the Senate Chamber: Hamrick of the 30th Wiles of the 37th Jones of the 10th Pearson of the 51st 2362 JOURNAL OF THE SENATE SENATE RULES CALENDAR THURSDAY, MARCH 27, 2008 THIRTY-FIFTH LEGISLATIVE DAY HB 1031 HB 1183 HB 981 HB 984 HB 1044 HB 1216 HB 1303 HR 1310 HR 1427 HB 881 Public high schools; interscholastic athletics program; at least one defibrillator; require (ED&Y-54th) Hembree-67th University system; certain provisions; delay repeal (Substitute)(H ED-46th) Smith-113th Weight of vehicles and loads; concrete haulers; provisions (TRANS-31st) Butler-18th Children's transition care centers; definitions; revise and add new (Substitute)(H&HS-9th) Cox-102nd Adult day centers; licensure; respite care services programs; provisions (Substitute)(H&HS-45th) Walker-107th State government; change regional development centers to regional commissions; provisions (SLGO(G)-19th) Stephens-164th Food service establishments; food nutrition information; provisions (AG&CA-7th) Coan-101st State Properties Commission; enter into dispute agreements; real property in Butts, Lamar, and Monroe Counties; authorize (Substitute)(SI&P-25th) Cole-125th Robert S. "Bob" Boney State Prison; dedicate (SI&P-13th) Hanner-148th Georgia Charter Schools Commission; establish (Substitute)(ED&Y-40th) Jones-46th Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: THURSDAY, MARCH 27, 2008 2363 HB 1031. By Representatives Hembree of the 67th, England of the 108th, Dickson of the 6th, Maxwell of the 17th, Carter of the 175th 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 require each public high school in this state which has an interscholastic athletics program to have at least one functional automated external defibrillator on site at such school at all times for use during emergencies; to provide for legislative findings; to define a term; to provide for requirements on maintaining and using the defibrillator; to provide for state funding; 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 Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson E Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock E Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber E Wiles Williams On the passage of the bill, the yeas were 47, nays 0. HB 1031, having received the requisite constitutional majority, was passed. 2364 JOURNAL OF THE SENATE HB 1183. By Representatives Smith of the 113th, Royal of the 171st, Cox of the 102nd, Lewis of the 15th and Forster of the 3rd: A BILL to be entitled an Act to amend an Act amending Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, and amending Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, approved May 29, 2003 (Ga. L. 2003, p. 313), as amended by an Act approved May 1, 2006 (Ga. L. 2006, p. 686), so as to delay the repeal of a certain provision of said Act until June 30, 2010; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to nonlapsing revenue of institutions in the university system; to change certain provisions relating to nonlapsing of 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 Cowsert of the 46th. The Senate Higher Education Committee offered the following substitute to HB 1183: A BILL TO BE ENTITLED AN ACT To amend an Act amending Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, and amending Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, approved May 29, 2003 (Ga. L. 2003, p. 313), as amended by an Act approved May 1, 2006 (Ga. L. 2006, p. 686), so as to delay the repeal of a certain provision of said Act until June 30, 2010; to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to change certain provisions relating to writing off small amounts due to the state; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to nonlapsing revenue of institutions in the university system; to change certain provisions relating to nonlapsing of 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: THURSDAY, MARCH 27, 2008 2365 PART I SECTION 1-1. (a) An Act amending Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, and amending Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, approved May 29, 2003 (Ga. L. 2003, p. 313), as amended by an Act approved May 1, 2006 (Ga. L. 2006, p. 686), is amended by striking Section 6 of said Act and inserting in lieu thereof the following: "SECTION 6. Section 1 of this Act shall be repealed in its entirety on June 30, 2005; and Sections 2 and 3 of this Act shall be repealed in their entireties on June 30, 2006." (b) The purpose of subsection (a) of this section is to eliminate the June 30, 2008, repeal of Section 4 of said Act, which amended subsection (b) of Code Section 50-16-18, relating to writing off small amounts due to the state. SECTION 1-2. Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, is amended by revising subsection (b) of Code Section 50-16-18, relating to writing off small amounts due to the state, as follows: "(b)(1) All state agencies and departments, in order to preserve public funds, are shall be authorized to develop appropriate standards that comply with the policies prescribed by the state accounting officer which will provide a mechanism to consider administratively discharging any obligation or charge in favor of such agency or department when such obligation or charge is $100.00 or any lesser amount unless the agency or department belongs to the Board of Regents of the University System of Georgia or the Department of Technical and Adult Education in which case the obligation or charge in favor of the institution under the Board of Regents of the University System of Georgia or the institution of the Department of Technical and Adult Education may be $3,000.00 or any lesser amount. This procedure shall not be available to such agency or department in those instances where the obligor has more than one such debt or obligation in any given fiscal year, and this provision shall be construed in favor of the state agency or department so as not to alter the unquestioned ability of such state agency or department to pursue any debt, obligation, or claim in any amount whatsoever. In those instances where a debt or obligation of $100.00 or less, or $3,000.00 or less for the institutions of the Board of Regents of the University System of Georgia or the Department of Technical and Adult Education, has been deemed to be uncollectable, the proper individual making such determination shall transmit a recapitulation of the efforts made to collect the debt together with all other appropriate information, which shall include a reasonable estimate of the cost to pursue administratively or judicially the account, together with a recommendation to the commissioner of such state agency or department. In those instances where the commissioner makes a determination that further collection 2366 JOURNAL OF THE SENATE efforts would be detrimental to the publics financial interest, a certificate reflecting this determination shall be executed, and this certificate shall serve as the authority to remove such uncollectable accounts from the financial records of such state agency or department. Such certificates shall be forwarded to the state accounting officer in a manner and at such times as are reflected in the standards developed by the state accounting officer and the state agency or department. This paragraph shall stand repealed and reserved effective July 1, 2010. (2) On and after July 1, 2010, all state agencies and departments, in order to preserve public funds, shall be authorized to develop appropriate standards that comply with the policies prescribed by the state accounting officer which will provide a mechanism to consider administratively discharging any obligation or charge in favor of such agency or department when such obligation or charge is $100.00 or any lesser amount. This procedure shall not be available to such agency or department in those instances where the obligor has more than one such debt or obligation in any given fiscal year, and this provision shall be construed in favor of the state agency or department so as not to alter the unquestioned ability of such state agency or department to pursue any debt, obligation, or claim in any amount whatsoever. In those instances where a debt or obligation of $100.00 or less has been deemed to be uncollectable, the proper individual making such determination shall transmit a recapitulation of the efforts made to collect the debt together with all other appropriate information, which shall include a reasonable estimate of the cost to pursue administratively or judicially the account, together with a recommendation to the commissioner of such state agency or department. In those instances where the commissioner makes a determination that further collection efforts would be detrimental to the publics financial interest, a certificate reflecting this determination shall be executed, and this certificate shall serve as the authority to remove such uncollectable accounts from the financial records of such state agency or department. Such certificates shall be forwarded to the state accounting officer in a manner and at such times as are reflected in the standards developed by the state accounting officer and the state agency or department." PART II SECTION 2-1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Part 2 of Article 2 of Chapter 3, relating to the university system, by revising Code Section 20-3-86, relating to nonlapsing revenue of institutions in the university system, as follows: "20-3-86. Revenue collected by any or all institutions in the university system from tuition, departmental sales or services, continuing education fees, technology fees, or indirect cost recoveries shall not lapse. The amount of revenue from tuition that shall not lapse under this Code section shall not exceed 3 percent of the tuition collected. This Code section shall stand repealed on June 30, 2008 2010." THURSDAY, MARCH 27, 2008 2367 SECTION 2-2. Said title is further amended by revising Code Section 20-4-21.1, relating to nonlapsing revenue of institutions under the Department of Technical and Adult Education, as follows: "20-4-21.1. Revenue collected by any or all institutions under the Department of Technical and Adult Education from departmental sales or services, continuing education fees, technology fees, or indirect cost recoveries shall not lapse. This Code section shall stand repealed on June 30, 2008 2010." PART III SECTION 3-1. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed. Senator Cowsert of the 46th offered the following amendment #1: Amend the LC 25 5264S substitute to HB 1183 by revising line 5 of page 1 to read as follows: 2006, p. 686), so as to eliminate a June 30, 2008, repeal of a certain provision of said Act; On the adoption of the amendment, there were no objections, and the Cowsert amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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 Carter Chance Y Chapman Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver 2368 JOURNAL OF THE SENATE Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed Y Rogers E Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. HB 1183, having received the requisite constitutional majority, was passed by substitute. Senator Johnson of the 1st recognized Virgil Nave, Jr. upon the occasion of his retirement. Virgil Nave, Jr. addressed the Senate briefly. Senator Johnson of the 1st recognized the 2008 Senate interns and aides, commended by SR 1185 and SR 1186, adopted previously. The Calendar was resumed. HB 981. By Representatives Butler of the 18th, McCall of the 30th, Rice of the 51st and Forster of the 3rd: 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 weight of vehicles and loads, so as to provide that concrete haulers are entitled to the same weight variance granted to feed and granite haulers; 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: THURSDAY, MARCH 27, 2008 2369 Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Chapman Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. HB 981, having received the requisite constitutional majority, was passed. Senator Smith of the 52nd asked unanimous consent to suspend the Senate Rules to make a motion to withdraw and commit. There was no objection. Senator Smith of the 52nd asked unanimous consent that the following bill be withdrawn from the Senate Finance Committee and committed to the Senate Judiciary Committee: HB 410. By Representatives Hanner of the 148th, Royal of the 171st and Greene of the 149th: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the O.C.G.A., relating to sales and use taxes, so as to provide for funding of projects and services through the levy and collection of a municipal option sales and use tax; to provide for a short title; to provide for definitions; to provide for the rate and manner of imposition of such tax; to provide for applicability to certain sales; to provide for powers, duties, and authority of municipal governing authorities with respect to such tax; to provide for powers, duties, and authorities of the state revenue commissioner with respect to such tax; to 2370 JOURNAL OF THE SENATE provide for collection and administration of such tax; to provide for returns; to provide for distribution and expenditure of proceeds; to provide for a method for discontinuation of such tax; to change certain provisions regarding limitations on imposition of certain local taxes; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. The consent was granted, and HB 410 was committed to the Senate Judiciary Committee. The Calendar was resumed. HB 984. By Representatives Cox of the 102nd, Carter of the 175th, Jerguson of the 22nd, Sheldon of the 105th and Coan of the 101st: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to revise definitions and add a new definition relating to childrens transition care centers; to change certain provisions relating to licensing and inspection of child welfare agencies; to provide for related matters; 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 984: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to revise definitions and add a new definition relating to childrens transition care centers; to change certain provisions relating to licensing and inspection of child welfare agencies; to amend Code Section 492-14.1 of the Official Code of Georgia Annotated, relating to background check requirements for certain facilities, so as to revise a definition; 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 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by revising paragraph (4) of Code Section 49-53, relating to definitions, as follows: "(4) Reserved. 'Childrens transition care center' means a transition center which THURSDAY, MARCH 27, 2008 2371 provides a temporary, home-like environment for medically fragile children, technology dependent children, and children with special health care needs, up to 21 years of age, who are deemed clinically stable by a physician but dependent on lifesustaining medications, treatments, and equipment and who require assistance with activities of daily living to facilitate transitions from a hospital or other facility to a home or other appropriate setting. Such centers are designated sites that provide child placing services and nursing care, clinical support services, and therapies for shortterm stays of one to 14 days and for longer stays of up to 90 days to facilitate transitions of children to homes or other appropriate settings. Extended stays of up to 12 months may be approved by the department by waiver." SECTION 2. Said article is further amended by revising subsections (a) and (i) of Code Section 49-512, relating to licensing and inspection of child welfare agencies, and adding a new subsection to read as follows: "(a) As used in this Code section, the term 'child welfare agency' means any childcaring institution, child-placing agency, childrens transition care center, or maternity home." "(i) Child-caring institutions and child-placing agencies, when licensed in accordance with this Code section, may receive needy or dependent children from their parents, guardians, custodians, or persons serving in loco parentis for special, temporary, or continued care. Parents, guardians, custodians, or persons serving in loco parentis to such children may sign releases or agreements giving to such institutions or agencies custody and control over such children during the period of care. Childrens transition care centers may receive medically fragile children from their parents, guardians, custodians, or persons serving in loco parentis for special, temporary, or continued care to facilitate transitions from a hospital or other facility to a home or other appropriate setting. (i.1) A childrens transition care center shall serve no more than six children per residence or 16 children per campus at a time. Childrens transition care center services shall be available to all families in this state, including those whose care is paid for through the Department of Community Health or the Department of Human Resources or by insurance companies that cover home health care services or private duty nursing care in the home. Each childrens transition care center location shall be physically separate and apart from any other facility licensed by the Department of Human Resources under this chapter and shall provide one or more of the following services: respite care, registered nursing or licensed practical nursing care, transitional care for the facilitation of transitions to a home or other appropriate setting and reunion of families, medical day care, weekend camps, and diagnostic studies typically done in the home setting." SECTION 3. Code Section 49-2-14.1 of the Official Code of Georgia Annotated, relating to 2372 JOURNAL OF THE SENATE background check requirements for certain facilities, is amended by revising paragraph (4) of subsection (a) as follows: "(4) 'Facility' means a: (A) Personal care home required to be licensed or permitted under Code Section 31-7-12; (B) Private home care provider required to be licensed under Article 13 of Chapter 7 of Title 31; (C) Community living arrangement subject to licensure under paragraph (16) of subsection (b) and subsection (c) of Code Section 37-1-20; or (D) Child welfare agency, including a child-caring institution, child-placing agency, and maternity home required to be licensed under Code Section 49-5-12." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. THURSDAY, MARCH 27, 2008 2373 HB 984, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: SB 463. By Senators Pearson of the 51st, Tolleson of the 20th, Murphy of the 27th, Schaefer of the 50th and Rogers of the 21st: 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 change certain provisions relating to adoption and continuation of state minimum standard codes and enforcement thereof; to provide for enforcement of a gray water recycling systems appendix to the state minimum standard plumbing code; to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to provide certain conditions for use of residential gray water systems; to amend Code Section 43-14-2, relating to definitions relative to licensing of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of plumbing; 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 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to provide certain conditions for use of residential gray water; to provide for regulations; to provide for penalties; 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 adding a new Code section to read as follows: "31-3-5.2. (a) As used in this Code section, the term 'gray water' means waste water discharged from residential lavatories, bathtubs, showers, clothes washers, and laundry trays. (b) Private residential direct reuse of gray water shall be lawful if the following conditions are met: (1) Gray water originating from the residence shall be used and contained within the property boundary for household gardening, composting, lawn watering, or landscape irrigation; 2374 JOURNAL OF THE SENATE (2) Gray water shall not be used for irrigation of food plants; (3) The gray water shall not contain hazardous chemicals derived from activities such as cleaning car parts, washing greasy or oily rags, or disposing of waste solutions from home photo labs or similar hobbyist or home occupational activities; (4) The application of gray water shall be managed to minimize standing water on the surface; (5) The application of gray water shall be outside of a floodway; (6) The gray water shall not contain water used to wash diapers or similarly soiled or infectious garments unless the gray water is disinfected before irrigation; and (7) The gray water shall be applied only by hand watering using garden watering cans or similar hand-held containers. (c) County boards of health shall adopt the provisions of subsection (b) of this Code section by regulation. Local governing bodies shall be authorized to punish violations of said regulations as local ordinance violations, provided that the penalty for each such violation shall not exceed a $100.00 fine." SECTION 2. 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 463. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R E Thompson,C Y Thompson,S Tolleson Y Unterman Y Weber Y Wiles Williams THURSDAY, MARCH 27, 2008 2375 On the motion, the yeas were 49, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 463. Senator Johnson of the 1st was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 444. By Senators Pearson of the 51st, Mullis of the 53rd, Stoner of the 6th, Williams of the 19th and Seay of the 34th: A BILL to be entitled an Act to amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to the procedure for disposition of property not needed for public road purposes, so as to allow the Department of Transportation to more readily dispose of surplus 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 Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to the procedure for disposition of property not needed for public road purposes, so as to allow the Department of Transportation to more readily dispose of surplus property; 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. Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to the procedure for disposition of property not needed for public road purposes, is revised to read as follows: "32-7-4. (a)(1) In disposing of property, as authorized under Code Section 32-7-3, the department, a county, or a municipality shall notify the owner of such property at the time of its acquisition or, if the tract from which the department, a county, or a municipality acquired its property has been subsequently sold, shall notify the owner of abutting land holding title through the owner from whom the department, a county, or a municipality acquired its property. The notice shall be in writing delivered to the 2376 JOURNAL OF THE SENATE appropriate owner or by publication if his or her address is unknown; and he or she shall have the right to acquire, as provided in this subsection, the property with respect to which the notice is given. Publication, if necessary, shall be in a newspaper of general circulation in the county where the property is located. If, after a search of the land and probate records, the address of any interested party cannot be found, an affidavit stating such facts and reciting the steps taken to establish the address of any such person shall be placed in the department, county, or municipal records and shall be accepted in lieu of service of notice by mailing the same to the last known address of such person. After properly completing and filing such affidavit, the department, county, or municipality may dispose of the property in accordance with the provisions of subsection (b) of this Code section. (2)(A) When an entire parcel acquired by the department, a county, or a municipality, or any interest therein, is being disposed of, it may be acquired under the right created in paragraph (1) of this subsection at such price as may be agreed upon, but in no event less than the price paid for its acquisition. When only remnants or portions of the original acquisition are being disposed of, they may be acquired for the market value thereof at the time the department, county, or municipality decides the property is no longer needed. The department shall use a real estate appraiser with knowledge of the local real estate market who is licensed in Georgia and not an employee of the department to establish the fair market value of the property prior to listing such property. (B) The provisions of subparagraph (A) of this paragraph notwithstanding, if the value of the property is $30,000.00 or less as determined by department estimate, the department, county, or municipality may negotiate the sale. (3) If the right of acquisition is not exercised within 60 days after due notice, the department, county, or municipality may proceed to sell such property as provided in subsection (b) of this Code section. (4) When the department, county, or municipality in good faith and with reasonable diligence attempted to ascertain the identity of persons entitled to notice under this Code section and mailed such notice to the last known address of record of those persons or otherwise complied with the notification requirements of this Code section, the failure to in fact notify those persons entitled thereto shall not invalidate any subsequent disposition of property pursuant to this Code section. (b)(1)(A) Unless a sale of the property is made pursuant to paragraph (2) or (3) of this subsection, such sale shall be made to the bidder submitting the highest of the sealed bids received after public advertisement for such bids for two weeks. If the highest of the sealed bids received is less than but within 15 percent of the established market value, the department may accept that bid and convey the property in accordance with the provisions of subsection (c) of this Code section. The department or the county or municipality shall have the right to reject any and all bids, in its discretion, to readvertise, or to abandon the sale. (B) Such public advertisement shall be inserted once a week in such newspapers or other publication, or both, as will ensure adequate publicity, the first insertion to be THURSDAY, MARCH 27, 2008 2377 at least two weeks prior to the opening of bids, the second to follow one week after the first publication. Such advertisement shall include but not be limited to the following items: (i) A description sufficient to enable the public to identify the property; (ii) The time and place for submission and opening of sealed bids; (iii) The right of the department or the county or municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county or municipality may deem advisable as in the public interest. (2)(A) Such sale of property may be made by a county or municipality by listing the property through a real estate broker licensed under Chapter 40 of Title 43 who has a place of business located in the county where the property is located or outside the county if no such business is located in the county where the property is located. Property shall be listed for a period of at least three months. Such property shall not be sold at less than its fair market value. The department shall use a real estate appraiser with knowledge of the local real estate market who is licensed in Georgia and not an employee of the department to establish the fair market value of the property prior to listing such property. All sales shall be approved by the governing authority of the county at a regular meeting and shall be open to the public at which meeting public comments shall be allowed regarding such sale. (B) Commencing at the time of the listing of the property as provided in subparagraph (A) of this paragraph, the county or municipality shall provide for a notice to be inserted once a week for two weeks in the legal organ of the county indicating the names of real estate brokers listing the property for the political subdivision. The county or municipality may advertise in magazines relating to the sale of real estate or similar publications. (C) The county or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) of this subsection. (3)(A) Such sale of property may be made by a county or municipality to the highest bidder at a public auction conducted by an auctioneer licensed under Chapter 6 of Title 43. Such property shall not be sold at less than its fair market value. (B) The county or municipality shall provide for a notice to be inserted once a week for the two weeks immediately preceding the auction in the legal organ of the county including, at a minimum, the following items: (i) A description sufficient to enable the public to identify the property; (ii) The time and place of the public auction; (iii) The right of the department or the county or municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county or municipality may 2378 JOURNAL OF THE SENATE deem advisable as in the public interest. The county or municipality may advertise in magazines relating to the sale of real estate or similar publications. (C) The county or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) of this subsection. (c) Any conveyance of property shall require the approval of the department, county, or municipality, by order of the commissioner on behalf of the department and, in the case of a county or municipality, by resolution, to be recorded in the minutes of its meeting. If the department or the county or municipality approves a sale of property, the commissioner, chairman chairperson, or presiding officer may execute a quitclaim deed conveying such property to the purchaser. All proceeds arising from such sales shall be paid into and constitute a part of the funds of the seller." SECTION 2. This Act shall become effective on July 1, 2008. SECTION 3. 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 444. 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 Carter Y Chance N Chapman N Cowsert N Davenport Y Douglas N Fort Y Goggans Y Golden N Grant Y Hamrick Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson N Jones Y Me V Bremen Y Moody N Mullis Y Murphy N Orrock Y Pearson Y Powell Y Schaefer Y Seabaugh N Seay Y Shafer,D N Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas,D N Thomas,R E Thompson,C Y Thompson,S Y Tolleson N Unterman Y Weber THURSDAY, MARCH 27, 2008 2379 Y Harbison Y Harp Y Hawkins N Ramsey N Reed Y Rogers N Wiles Williams On the motion, the yeas were 34, nays 19; the motion prevailed, and the Senate agreed to the House substitute to SB 444. The following bill was taken up to consider House action thereto: SB 145. By Senators Smith of the 52nd, Johnson of the 1st, Williams of the 19th, Seabaugh of the 28th, Moody of the 56th and others: A BILL to be entitled an Act to amend Code Section 16-5-1 and Chapter 10 of Title 17 of the O.C.G.A., relating to murder and felony murder and sentencing and punishment, respectively, so as to provide for the imposition of life without parole of persons convicted of murder independently of a death penalty prosecution; to repeal certain provisions relating to imprisonment for life without parole and finding statutory aggravating circumstance; to provide for certain information to be reported to the court under certain circumstances; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Senator Smith of the 52nd asked unanimous consent that the Senate insist on its amendment to the House substitute to SB 145. The consent was granted, and the Senate insisted on its amendment to the House substitute to SB 145. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has by the requisite constitutional majority ordered the following bill of the Senate immediately transmitted to the Governor. SB 352. By Senators Cowsert of the 46th, Tolleson of the 20th, Bulloch of the 11th, Pearson of the 51st, Smith of the 52nd and others: A BILL to be entitled an Act to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on 2380 JOURNAL OF THE SENATE actions to contest rules, and legislative override, so as to change certain exemptions from legislative override; to provide an effective date; to repeal conflicting laws; and for other purposes. Pursuant to Article III, SectionV, Paragraph XIII (b) of the Constitution of the State of Georgia, by a vote of 173 ayes 0 nays, the House of Representives, on this day, ordered SB 352 be immediately transmitted to the Governor. Senator Harp of the 29th was excused for business outside the Senate Chamber. The Calendar was resumed. HB 1044. By Representatives Walker of the 107th, Cooper of the 41st, Everson of the 106th, Heard of the 104th, Smyre of the 132nd and others: A BILL to be entitled an Act to amend Article 7 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to licensure of adult day centers, so as to provide that respite care services programs shall not be considered adult day centers for purposes of licensure; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. The Senate Health and Human Services Committee offered the following substitute to HB 1044: A BILL TO BE ENTITLED AN ACT To amend Article 7 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to licensure of adult day centers, so as to provide that a respite care services program shall not be considered an adult day center for purposes of licensure requirements; 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 6 of Title 49 of the Official Code of Georgia Annotated, relating to THURSDAY, MARCH 27, 2008 2381 licensure of adult day centers, is amended by revising Code Section 49-6-82, relating to definitions, as follows: "49-6-82. As used in this article, the term: (1) 'Adult day care' means the provision of a comprehensive plan of services that meets the needs of aging adults, as defined in paragraph (4) of this Code section, under a social model, as defined in paragraph (7) (9) of this Code section. This term shall not include programs which provide day habilitation and treatment services exclusively for individuals with developmental disabilities. (2) 'Adult day center' means a facility serving aging adults that provides adult day care or adult day health services, as defined in paragraphs (1) and (3) of this Code section, for compensation, to three or more persons. This term shall not include a respite care services program. (3) 'Adult day health services' means the provision of a comprehensive plan of services that meets the needs of aging adults under a medical model, as defined in paragraph (6) of this Code section. This term shall not include programs which provide day habilitation and treatment services exclusively for individuals with developmental disabilities. (4) 'Aging adults' means persons 60 years of age or older or mature adults below the age of 60 whose needs and interests are substantially similar to persons 60 years of age or older who have physical or mental limitations that restrict their abilities to perform the normal activities of daily living and impede independent living. (5) 'Department' means the Department of Human Resources. (6) 'Medical model' means a comprehensive program that provides aging adults with the basic social, rehabilitative, health, and personal care services needed to sustain essential activities of daily living and to restore or maintain optimal capacity for selfcare. Such program of care shall be based on individual plans of care and shall be provided for less than 24 hours per day. (7) 'Primary caregiver' means the one identified relative or other person in a relationship of responsibility, such as an agent under a valid durable power of attorney for health care or health care agent under a valid advance directive for health care, who has assumed the primary responsibility for the provision of care needed to maintain the physical or mental health of an aging adult, who lives in the same residence with such individual, and who does not receive financial compensation for the care provided. (8) 'Respite care services program' means a program for aging adults who can function in a group setting and who can feed and toilet themselves with or without the assistance of a personal aide accompanying them which: (A) Is operated by a nonprofit organization; (B) Provides no more than 25 hours of services per week; (C) Is managed by a director who has completed an adult day care services training and orientation program approved by the department; (D) Is staffed primarily by volunteers; and 2382 JOURNAL OF THE SENATE (E) Has as its sole purpose to provide primary caregivers of aging adults with relief from normal caregiving duties and responsibilities. (7)(9) 'Social model' means a program that addresses primarily the basic social and recreational activities needed to be provided to aging adults, but also provides, as required, limited personal care assistance, supervision, or assistance essential for sustaining the activities of daily living. Such programs of care shall be based on individual plans of care and shall be provided for less than 24 hours per day." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Hawkins Y Heath Y Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 53, nays 0. HB 1044, having received the requisite constitutional majority, was passed by substitute. THURSDAY, MARCH 27, 2008 2383 Senator Weber of the 40th was excused for business outside the Senate Chamber. HB 1216. By Representatives Stephens of the 164th, Smith of the 129th, Wilkinson of the 52nd, Maddox of the 172nd, Lunsford of the 110th and others: A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change regional development centers to regional commissions; to provide for new boundaries; to provide for definitions; to provide for membership in the commissions; to provide for legislative intent; to provide certain duties and powers to the state auditor regarding the regional commissions; to provide for duties and procedures regarding regional commissions relationship with other governmental entities; to provide for the transfer of certain assets, liabilities, contracts, staff, records, or debts of certain regional development centers; to amend the Official Code of Georgia Annotated to change references to reflect such changes; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Williams of the 19th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort N Goggans Y Golden Y Grant Y Hamrick N Harbison E Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Smith Y Staton 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 Wiles Y Williams 2384 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 49, nays 2. HB 1216, having received the requisite constitutional majority, was passed. The following resolution was read and put upon its adoption: SR 1246. By Senators Williams of the 19th 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 2008 regular session of the General Assembly for the period of March 27, 2008, through April 4, 2008, shall be as follows: Thursday, March 27 . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 35 Friday, March 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 36 Saturday, March 29 and Sunday, March 30 . . . . . . . . in adjournment Monday, March 31. . . . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 37 Tuesday, April 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in session for legislative day 38 Wednesday, April 2 . . . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 39 Thursday, April 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in adjournment Friday, April 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in session for legislative day 40 There were no objections and the resolution was adopted. Senator Tolleson of the 20th was excused for business outside the Senate Chamber. The Calendar was resumed. HB 1303. By Representatives Coan of the 101st, Keen of the 179th, Ehrhart of the 36th, Peake of the 137th, Hamilton of the 23rd and others: A BILL to be entitled an Act to amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food service establishments, so as to provide that food nutrition information at food service establishments shall not be regulated by any county board of health or political subdivision of this state; to provide for a definition of a certain term; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Goggans of the 7th. THURSDAY, MARCH 27, 2008 2385 The report of the committee, which was favorable to the passage of 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant N Hamrick N Harbison N Harp Y Hawkins N Heath Henson Hill,Jack N Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson Y Jones Y Me V Bremen Y Moody N Mullis N Murphy Orrock Y Pearson Y Powell N Ramsey Y Reed Y Rogers N Schaefer Y Seabaugh Y Seay Y Shafer,D N Smith Y Staton Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 38, nays 12. HB 1303, having received the requisite constitutional majority, was passed. Senator Moody of the 56th asked unanimous consent to suspend the Senate Rules to first read SB 562. There was no objection. The following Senate legislation was introduced, read the first time and referred to committee: SB 562. By Senators Moody of the 56th, Shafer of the 48th, Williams of the 19th, Brown of the 26th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to provide for the cancellation of licenses to sell alcoholic 2386 JOURNAL OF THE SENATE beverages upon a conviction of providing any alcoholic beverage to a person under 21 years of age; to define a term; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. Senator Mullis of the 53rd moved that at the appropriate time the Senate disagree to the House substitute to SR 845. There was no objection. Senator Eric Johnson, President Pro Tempore, assumed the Chair. Senator Williams of the 19th moved that the Senate stand in recess until 6:00 p.m., then adjourn until 9:00 a.m. Friday, March 28, 2008. At 3:41 p.m. Senator Eric Johnson, President Pro Tempore, announced that the motion prevailed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Resolution of the Senate: SR 845. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Wiles of the 37th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize county governments to propose for approval by the voters of their county a 1 percent sales and use tax to fund the construction of transportation projects; to limit the sales and use tax to a specified period; to provide for adding the proposition to the ballot; to provide for the authority of the General Assembly with respect to enacting by April 1 of the year following enactment a mechanism for expending the funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The following resolution was taken up to consider House action thereto: THURSDAY, MARCH 27, 2008 2387 SR 845. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Wiles of the 37th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize county governments to propose for approval by the voters of their county a 1 percent sales and use tax to fund the construction of transportation projects; to limit the sales and use tax to a specified period; to provide for adding the proposition to the ballot; to provide for the authority of the General Assembly with respect to enacting by April 1 of the year following enactment a mechanism for expending the funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The House substitute was as follows: A RESOLUTION Proposing an amendment to the Constitution so as to provide for state-wide and regional funding mechanisms for regional transportation purposes; to provide that an amount equal to the state sales and use tax collected on sales of motor fuels not otherwise exempted by general law shall be appropriated for any or all transportation purposes; to authorize the General Assembly to allocate and specify and direct the use of such funds by general law; to provide for an up to 1 percent local option sales and use tax for a specified period of time to fund transportation purposes on a regional basis; to provide for procedures, conditions, and limitations; to provide for other matters relative to the foregoing; 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. The Constitution is amended in Article III, Section IX, Paragraph VI by revising subparagraph (b) as follows: "(b)(1) An amount equal to all money derived from motor fuel taxes received by the state in each of the immediately preceding fiscal years, less the amount of refunds, rebates, and collection costs authorized by law, is hereby appropriated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and maintaining an adequate system of public roads and bridges in this state, as authorized by laws enacted by the General Assembly of Georgia, and for grants to counties by law authorizing road construction and maintenance as provided by law authorizing such grants. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a general appropriations Act; and said sum need not be specifically stated in any general appropriations Act passed by the General Assembly in order to be available 2388 JOURNAL OF THE SENATE for such purposes. However, this shall not preclude the General Assembly from appropriating for such purposes an amount greater than the sum specified above for such purposes. The expenditure of such funds shall be subject to all the rules, regulations, and restrictions imposed on the expenditure of appropriations by provisions of the Constitution and laws of this state, unless such provisions are in conflict with the provisions of this paragraph subparagraph. And provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this state by land, sea, or air or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the executive order of the Governor. (2) An amount equal to the state sales and use tax collected on sales of motor fuels for the purpose of propelling motor vehicles on the public roads of this state not otherwise exempted by general law shall be collected and placed in a fund within the Department of Transportation that is dedicated to use for transportation purposes. This fund shall be appropriated by the direction of the General Assembly for all transportation purposes, including public transit, rails, airports, buses, seaports, and all accompanying infrastructure and services necessary to provide access to these transportation facilities. The expenditure of such funds shall be subject to all the rules, regulations, and restrictions imposed on the expenditure of appropriations by provisions of the Constitution and laws of this state, unless such provisions are in conflict with the provisions of this subparagraph; provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this state by land, sea, or air or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the executive order of the Governor." SECTION 1. The Constitution is amended by adding at the end of Article IX, Section IV thereof a new Paragraph V to read as follows: "Paragraph V. Regional Commission Area Transportation Tax. (a) On or after July 1, 2009, a sales and use tax of up to 1 percent, limited to a specified period of time, to fund transportation purposes in a regional commission area may be levied and collected as provided in this Paragraph. Transportation purposes shall include, but not be limited to, roads, freight and passenger rail, bridges, airports, public transit, buses, seaports, and all accompanying infrastructure and services necessary to provide access to these transportation facilities. Transportation purposes may include capital outlay and maintenance expenses. (b) There are created within this state special transportation districts. The geographical boundary of each regional commission area, as defined in Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, shall correspond with and shall be conterminous with the geographical boundary of one of the special transportation districts. When the imposition of a regional commission area transportation tax is authorized according to the procedures of this Paragraph, the special transportation THURSDAY, MARCH 27, 2008 2389 district shall levy a sales and use tax. The tax under this Paragraph shall be imposed, levied, and collected within such special transportation district only upon approval by a majority of the qualified voters residing within the limits of the special transportation district and voting in a referendum thereon. (c) Prior to calling for the referendum authorized by this Paragraph, the regional commission shall create, in cooperation with the Department of Transportation, a list of transportation purposes to be funded within the regional commission area. In addition, the regional commission shall determine the amount of the tax to be levied, not to exceed 1 percent, the maximum period of time the tax shall be levied, and the maximum cost of such projects for transportation purposes. The proposal shall then be submitted for approval to each county commission within the regional commission area. Each county commission shall have 45 days from the time the plan is approved by the regional commission to vote for or against being included in the regional commission area for purposes of the tax authorized by this Paragraph. If any county commission in the regional commission area votes against the proposal, any of the county commissions in the regional commission area shall have 15 days in which to reconsider their vote, if the county commission so desires. If a county commission votes against being included in the regional commission area for purposes of the tax authorized by this Paragraph, no referendum shall be held in that county and no sales and use tax under the provisions of this Paragraph shall be levied or collected in that county. If a county commission votes to be included in the regional commission area for the purposes of the tax authorized by this Paragraph, then a referendum shall be held in that county, as part of a regional commission area-wide vote, to approve the levy and collection of the sales and use tax for transportation purposes. If a county commission fails to vote for or against being included in the regional commission area for the purposes of the tax authorized by this Paragraph within the time limits imposed herein, that county shall be deemed to have approved holding the referendum and levying the tax upon approval of the voters. (d) After the votes of the county commissions are completed, the regional commission, in cooperation with the Department of Transportation, shall revise the list of transportation purposes, if necessary, to amend any projects on the list that were in a county that has elected to opt out of the referendum. (e) Except as otherwise provided in this Paragraph, the procedures for conducting the special election on the question of imposing the tax and for submitting the question again to the voters in the event the tax is not approved shall correspond generally to the procedures provided for by Part 1 of 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. (f) A resolution by the two publicly elected members per county of the regional commission calling for the imposition of the tax and the ballot submitting the question 2390 JOURNAL OF THE SENATE of the imposition of the tax to the voters of the special transportation district shall describe: (1) The amount of the tax to be levied, not to exceed 1 percent, which shall be determined by the regional commission located in the special transportation district; (2) The specific transportation purposes to be funded; (3) The maximum cost of such projects for transportation purposes, which cost shall also be the maximum amount of net proceeds to be raised by the tax; and (4) The maximum period of time, to be stated in calendar years, for which the tax may be levied, which period of time shall be determined by the regional commission located in the special transportation district. (g) Nothing in this Paragraph shall prohibit counties and municipalities located in the special transportation district from imposing as additional taxes local sales and use taxes authorized by general law. (h) 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. (i) The tax imposed pursuant to this Paragraph shall not apply to and shall not be levied on the sale or use of any type of fuel used for off road heavy-duty equipment, off road farm or agricultural equipment, locomotives, aircraft, or watercraft. The tax imposed by this Paragraph shall apply to and shall be levied on the sale or use of fuel that is used for propulsion of motor vehicles on the public highways. For purposes of this Paragraph, a motor vehicle means a self-propelled vehicle designed for operation or required to be licensed for operation upon the public highways. The tax imposed pursuant to this Paragraph shall be subject to any sales and use tax exemption which is imposed by general law. (j) 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; provided, however, that an amount equal to not less than 100 percent of the total amount of proceeds collected in a special transportation district shall be expended within that special transportation district on transportation purposes." 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 regional commission area sales and use tax of up to 1 percent for a ( ) NO specified period of time to fund a list of transportation purposes in that regional commission area if approved in a referendum?" 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 THURSDAY, MARCH 27, 2008 2391 "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. Pursuant to an earlier adopted motion, the Senate disagreed to the House substitute to SR 845. The following communication was received by the Secretary: 404-656-5015 Clerk's Office House of Representatives 309 State Capitol Atlanta, Georgia 30334 March 27, 2008 The Honorable Sonny Perdue Governor of the State of Georgia Room 201, State Capitol Atlanta, Georgia 30334 Dear Governor Perdue, Pursuant to Article III, Section V, Paragraph XIII (b) of the Constitution of the State of Georgia, by a vote of 173 yeas 0 nays, the House of Representatives, on this day, ordered Senate Bill 352 be immediately transmitted to the Governor. It is my understanding that the Secretary of the Senate will transmit the bill as it is a Senate Bill. Very truly yours, Robert E. Rivers, Jr. Clerk, Georgia House of Representatives The following communication was sent to the Governor: 2392 JOURNAL OF THE SENATE Robert F. Ewing Secretary of the Senate Office of the Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 (404) 656-5040 Fax (404) 656-5043 March 27, 2008 The Honorable Sonny Perdue Governor of the State of Georgia Room 201, State Capitol Atlanta, Georgia 30334 Dear Governor Perdue, The Senate by requisite majority has ordered the following Senate bill immediately transmitted to the Governor. SB 352. By Senators Cowsert of the 46th, Tolleson of the 20th, Bulloch of the 11th, Pearson of the 51st, Smith of the 52nd and others: A BILL to be entitled an Act to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on actions to contest rules, and legislative override, so as to change certain exemptions from legislative override; to provide an effective date; to repeal conflicting laws; and for other purposes. Pursuant to Article III, Section V, Paragraph XIII (b) of the Constitution of the State of Georgia, by a vote of 47 yeas 1 nays in the Senate and by a vote of 173 yeas 0 nays in the House on this day, ordered SB 352 be immediately transmitted to the Governor. Sincerely, /s/ Robert F. Ewing Secretary of the Georgia State Senate Pursuant to an earlier adopted motion, the Senate stood adjourned at 6:00 p.m. 2393 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Friday, March 28, 2008 Thirty-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 1447. By Representative Rynders of the 152nd: A BILL to be entitled an Act to provide a new charter for the City of Sylvester; 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, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for taxation, licenses, and fees; to provide for franchises and assessments; to provide for bonded and other indebtedness; to provide for auditing, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1449. By Representatives Heard of the 114th, McKillip of the 115th and Smith of the 113th: A BILL to be entitled an Act to amend an Act establishing the Unified 2394 JOURNAL OF THE SENATE Government of Athens-Clarke County, Georgia, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, particularly by an Act approved April 20, 1992 (Ga. L. 1992, p. 6556), and an Act approved June 3, 2003 (Ga. L. 2003, p. 4250), so as to provide a method for selecting the judge and personnel of the municipal court; to provide for membership on the AthensClarke County Industrial Authority; to repeal conflicting laws; and for other purposes. HB 1450. By Representatives Powell of the 29th and Jamieson of the 28th: A BILL to be entitled an Act to create a board of elections and registration for Franklin 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; to provide for offices and equipment; to provide for personnel, including a supervisor, and compensation; to provide for the boards performance of certain functions and duties for certain municipalities; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1451. By Representative Williams of the 178th: A BILL to be entitled an Act to create the Brantley 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 condition for issuance; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1453. By Representative Shaw of the 176th: A BILL to be entitled an Act to amend an Act providing and establishing a new charter for the Town of Alapaha, approved August 1, 1921 (Ga. L. FRIDAY, MARCH 28, 2008 2395 1921, p. 606), as amended, particularly by an Act approved March 25, 1994 (Ga. L. 1994, p. 4167), so as to provide new terms of office for the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1455. By Representatives Channell of the 116th and Fleming of the 117th: A BILL to be entitled an Act to amend an Act recreating the board of commissioners of Wilkes County, approved April 17, 1975 (Ga. L. 1975, p. 2979), as amended, so as to provide for the authority of the board of commissioners to carry out purchasing of property and services for governmental purposes; 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 347. By Senators Hudgens of the 47th and Rogers of the 21st: A BILL to be entitled an Act to amend Chapter 10 of Title 33 of the Official Code of Georgia Annotated, relating to assets and liabilities of insurance companies, so as to provide that software may be considered an admitted asset when determining the financial condition of insurance companies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 385. By Senators Balfour of the 9th, Powell of the 23rd, Grant of the 25th, Thompson of the 33rd, Murphy of the 27th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages by public carriers and nonprofit organizations, so as to provide for the licensing of limousine carriers to sell alcoholic beverages; to provide for annual applications and fees; to provide for a sticker for each vehicle authorized; to provide for limitations on such annual permit; to provide for compliance with law regarding furnishing alcoholic beverages to minors; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 494. By Senator Grant of the 25th: A BILL to be entitled an Act to amend an Act consolidating the office of Tax Receiver and Tax Collector of Jasper County into the office of Tax 2396 JOURNAL OF THE SENATE Commissioner of Jasper County, approved March 26, 1935 (Ga. L. 1935, p. 703), as amended, so as to change certain provisions relating to the compensation of the tax commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 516. By Senators Henson of the 41st, Butler of the 55th, Adelman of the 42nd, Thompson of the 5th and Weber of the 40th: A BILL to be entitled an Act to provide a homestead exemption from DeKalb County School District ad valorem taxes for educational purposes in the amount of $2,500.00 of the assessed value of the homestead for certain residents of that school district in each taxable year in which a sales and use tax for educational purposes is imposed and collected in such school district for any portion of that year pursuant to Article VIII, Section VI, Paragraph IV of the Constitution; 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 553. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend an Act incorporating the City of Ringgold, approved March 15, 1943 (Ga. L. 1943, p. 1508), as amended, particularly by an Act approved March 14, 1984 (Ga. L. 1984, p. 4171), so as to change the corporate limits of the city; to annex additional territory; 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 350. By Senators Wiles of the 37th, Rogers of the 21st, Seabaugh of the 28th, Murphy of the 27th, Johnson of the 1st and others: A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to change certain provisions relating to drivers license requirement, surrender of prior licenses, and prohibition of local licenses; to change certain provisions relating to driving while license suspended or revoked; to specify punishments and exceptions for driving without being licensed; to amend Code Section 42-4-14 of the Official Code of Georgia Annotated, relating to determination of nationality of person charged with felony or driving under the influence and confined in a jail facility, so as to provide FRIDAY, MARCH 28, 2008 2397 for determination of nationality of person convicted of driving without being licensed; 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 Senate: SR 753. By Senator Hooks of the 14th: A RESOLUTION authorizing the conveyance of certain state owned real property located in City of Thomaston, Upson County, Georgia; to repeal conflicting laws; and for other purposes. SR 1246. By Senators Williams of the 19th and Brown of the 26th: A RESOLUTION relative to adjournment; and for other purposes. The House has agreed to the Senate substitute to the following Bills of the House: HB 291. By Representatives Wilkinson of the 52nd, Butler of the 18th, Rice of the 51st, Ashe of the 56th, Stephens of the 164th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 50 of the O.C.G.A., relating to the Georgia Council for the Arts, so as to create the Georgia Arts Alliance; to provide for legislative findings; to provide for certain reports and audits; to provide for development of a cultural policy for the State of Georgia; to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the O.C.G.A., relating to other educational programs for elementary and secondary education, so as to provide for the development of a Future Art and Music Teachers Pilot Program; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 296. By Representatives May of the 111th, Williams of the 178th, Roberts of the 154th, Lane of the 167th, Hembree of the 67th and others: A BILL to be entitled an Act to amend Code Section 21-2-540 of the Official Code of Georgia Annotated, relating to conduct of special elections generally, so as to provide that special elections to submit questions to the voters shall be held on certain dates; to provide for related matters; to repeal conflicting laws; and for other purposes. 2398 JOURNAL OF THE SENATE HB 961. By Representatives Sims of the 169th, Lewis of the 15th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain provisions relating to special parking permits and license plates for persons with disabilities; to provide for suspension of drivers licenses upon conviction of certain offenses related to such special parking permits and license plates; to repeal conflicting laws; and for other purposes. HB 1019. By Representatives Lunsford of the 110th, Smith of the 129th, Mills of the 25th, Sheldon of the 105th, Dempsey of the 13th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; to provide for a short title; to provide for governance of the bank; to provide for the functions of the bank in general and in particular with respect to the financing of transportation projects of government units; to define terms; to provide for the powers, duties, governance, and operations of the bank; to provide for capitalization of the bank and funding sources; to authorize the issuance of bonds by the authority for purposes of the bank; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 301. By Representatives Reese of the 98th, Knight of the 126th, Roberts of the 154th, Williams of the 165th, Jacobs of the 80th and others: 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 dogfighting and related conduct; to provide for punishments; to define a term; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has disagreed to the Senate substitute to the following Bills of the House: FRIDAY, MARCH 28, 2008 2399 HB 1055. By Representatives Williams of the 4th, Dickson of the 6th, Tumlin of the 38th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and licenses, so as to make revisions to certain provisions relating to professions and licenses; to provide that a designee of the division director of the professional licensing boards may sign and attest orders and processes; to amend certain requirements relating to applications for certification as a registered interior designer; to revise provision relating to inspector at auctions; to provide for service of documents and applications relating to geologists upon the division director at his or her office; to repeal certain provisions relating to license by reciprocity for massage therapists; to revise provisions relating to license by endorsement for massage therapists; to provide for certain education and training requirements satisfactory for the issuance of physical therapist licenses; to provide for licensure by endorsement for physical therapists; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1111. By Representatives Floyd of the 147th, Rice of the 51st, Talton of the 145th, Powell of the 29th and Forster of the 3rd: 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 persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements; to provide for drivers license fees; to provide for limited driving permits; to provide for the issuance of identification cards; to provide for issuance of a commercial drivers license; to provide for the contents of applications for commercial drivers licenses; to provide for the contents of commercial drivers licenses; to provide for commercial driving disqualifications; to provide for penalties for commercial driving violations; to provide for issuance of identification cards for persons with disabilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1245. By Representatives Ralston of the 7th, Knox of the 24th, Levitas of the 82nd and Martin of the 47th: A BILL to be entitled an Act to amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to revise matters relative to funding, budgeting, and the organization of providing indigent defense; to 2400 JOURNAL OF THE SENATE change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide that the Georgia Superior Court Clerks Cooperative Authority be responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defender Standards Council; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. The House insists on its position in disagreeing to the Senate amendment to the House substitute to the following Bill of the Senate: SB 145. By Senators Smith of the 52nd, Johnson of the 1st, Williams of the 19th, Seabaugh of the 28th, Moody of the 56th and others: A BILL to be entitled an Act to amend Code Section 16-5-1 and Chapter 10 of Title 17 of the O.C.G.A., relating to murder and felony murder and sentencing and punishment, respectively, so as to provide for the imposition of life without parole of persons convicted of murder independently of a death penalty prosecution; to repeal certain provisions relating to imprisonment for life without parole and finding statutory aggravating circumstance; to provide for certain information to be reported to the court under certain circumstances; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The House insists on its position in substituting the following Bill of the Senate: SB 430. By Senators Hamrick of the 30th, Hill of the 32nd, Mullis of the 53rd, Pearson of the 51st and Murphy of the 27th: A BILL to be entitled an Act to amend Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, so as to provide that the Georgia Bureau of Investigation may include such information in a data base and compare such information to samples collected from evidentiary materials; to provide an effective date; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 28, 2008 2401 The following Senate legislation was introduced, read the first time and referred to committee: SB 559. By Senator Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Quitman County, approved March 16, 1994 (Ga. L. 1994, p. 3689), as amended, so as to change certain provisions regarding the compensation of the chairperson and members of the board and provide for a monthly salary in lieu of per diem; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 560. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Fort Oglethorpe, approved April 1, 1996 (Ga. L. 1996, p. 3892), so as to provide for the election of the judge of the municipal court; to provide for related matters; to provide for the submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for a referendum; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 561. By Senator Mullis of the 53rd: A BILL to be entitled an Act to provide for a homestead exemption from City of Fort Oglethorpe 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 an exemption in the amount of $40,000.00 of the assessed value of the homestead for residents of that city who are at least 60 but less than 70 years of age; to provide an exemption in the amount of the full value of the assessed value of the homestead for residents of that city who are 70 years of age or older or who are totally 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. 2402 JOURNAL OF THE SENATE SR 1244. By Senators Orrock of the 36th, Harp of the 29th, Stoner of the 6th, Fort of the 39th, Hooks of the 14th and others: A RESOLUTION creating the Senate Accessibility Study Committee; and for other purposes. Referred to the Rules Committee. SR 1247. By Senators Chapman of the 3rd, Shafer of the 48th, Williams of the 19th and Johnson of the 1st: A RESOLUTION creating the Senate Study Committee on Community Base Giving Tax Credits; and for other purposes. Referred to the Rules Committee. The following House legislation was read the first time and referred to committee: HB 1447. By Representative Rynders of the 152nd: A BILL to be entitled an Act to provide a new charter for the City of Sylvester; 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, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for taxation, licenses, and fees; to provide for franchises and assessments; to provide for bonded and other indebtedness; to provide for auditing, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1449. By Representatives Heard of the 114th, McKillip of the 115th and Smith of the 113th: A BILL to be entitled an Act to amend an Act establishing the Unified Government of Athens-Clarke County, Georgia, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, particularly by an Act approved April 20, 1992 FRIDAY, MARCH 28, 2008 2403 (Ga. L. 1992, p. 6556), and an Act approved June 3, 2003 (Ga. L. 2003, p. 4250), so as to provide a method for selecting the judge and personnel of the municipal court; to provide for membership on the Athens-Clarke County Industrial Authority; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1450. By Representatives Powell of the 29th and Jamieson of the 28th: A BILL to be entitled an Act to create a board of elections and registration for Franklin 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; to provide for offices and equipment; to provide for personnel, including a supervisor, and compensation; to provide for the boards performance of certain functions and duties for certain municipalities; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1451. By Representative Williams of the 178th: A BILL to be entitled an Act to create the Brantley 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 condition 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. HB 1453. By Representative Shaw of the 176th: A BILL to be entitled an Act to amend an Act providing and establishing a new 2404 JOURNAL OF THE SENATE charter for the Town of Alapaha, approved August 1, 1921 (Ga. L. 1921, p. 606), as amended, particularly by an Act approved March 25, 1994 (Ga. L. 1994, p. 4167), so as to provide new terms of office for the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1455. By Representatives Channell of the 116th and Fleming of the 117th: A BILL to be entitled an Act to amend an Act recreating the board of commissioners of Wilkes County, approved April 17, 1975 (Ga. L. 1975, p. 2979), as amended, so as to provide for the authority of the board of commissioners to carry out purchasing of property and services for governmental purposes; 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 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 1113 Pursuant to Senate Rule 2-1.10(b), referred by the Senate Rules Committee to the Senate Government Oversight Committee from the General Calendar. Respectfully submitted, Senator Balfour of the 9th District, Chairman Mr. President: The Government Oversight Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1113 Do Pass by substitute HB 1234 Do Pass by substitute HB 1299 Do Pass by substitute FRIDAY, MARCH 28, 2008 2405 Respectfully submitted, Senator Chance of the 16th 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 255 HB 373 HB 815 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Heath of the 31st District, Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1015 HB 1208 HB 1282 HB 1304 HB 1309 HB 1312 HB 1313 HB 1378 HB 1406 Do Pass by substitute Do Pass Do Pass Do Pass Do Pass by substitute Do Pass Do Pass Do Pass Do Pass HB 1423 HB 1424 HB 1425 HB 1426 HB 1427 HB 1430 HB 1442 HB 1443 HB 1445 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: HR 468 Do Pass by substitute HR 1023 Do Pass by substitute 2406 JOURNAL OF THE SENATE Respectfully submitted, Senator Mullis of the 53rd District, Chairman The following legislation was read the second time: HB 92 HB 111 HB 152 HB 188 HB 237 HB 255 HB 272 HB 302 HB 333 HB 336 HB 367 HB 373 HB 393 HB 426 HB 492 HB 494 HB 535 HB 544 HB 611 HB 790 HB 791 HB 798 HB 815 HB 831 HB 851 HB 905 HB 919 HB 930 HB 950 HB 951 HB 957 HB 960 HB 969 HB 972 HB 977 HB 993 HB 1000 HB 1015 HB 1018 HB 1020 HB 1023 HB 1024 HB 1035 HB 1037 HB 1040 HB 1046 HB 1051 HB 1054 HB 1061 HB 1065 HB 1066 HB 1071 HB 1081 HB 1090 HB 1093 HB 1098 HB 1100 HB 1104 HB 1110 HB 1112 HB 1133 HB 1158 HB 1159 HB 1168 HB 1189 HB 1209 HB 1211 HB 1217 HB 1226 HB 1234 HB 1235 HB 1273 HB 1274 HB 1277 HB 1281 HB 1283 HB 1299 HB 1328 HB 1346 HB 1348 HB 1378 HR 468 HR 1023 HR 1078 HR 1276 HR 1425 SR 1093 SR 1120 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. The members pledged allegiance to the flag. Senator Davenport of the 44th introduced the chaplain of the day, Reverend Charles Grant of Forest Park, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 1224. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending AutoTrader.com on the occasion of its tenth anniversary; and for other purposes. SR 1226. By Senator Tolleson of the 20th: A RESOLUTION recognizing and commending Mrs. Alberta H. Moody; and for other purposes. FRIDAY, MARCH 28, 2008 2407 SR 1227. By Senator Tolleson of the 20th: A RESOLUTION recognizing and commending Mrs. Gervaise Wynn Perdue; and for other purposes. SR 1228. By Senator Tolleson of the 20th: A RESOLUTION recognizing and commending Mrs. Thelma Eleanor Ross; and for other purposes. SR 1229. By Senator Tolleson of the 20th: A RESOLUTION recognizing and honoring the memory of Mrs. Carolyn Coleman Smith; and for other purposes. SR 1230. By Senator Tolleson of the 20th: A RESOLUTION recognizing and honoring the memory of Mrs. Pearl J. Stephens; and for other purposes. SR 1231. By Senator Tolleson of the 20th: A RESOLUTION recognizing and honoring the memory of Mrs. Mable Weaver; and for other purposes. SR 1232. By Senator Tolleson of the 20th: A RESOLUTION recognizing and honoring the memory of Mr. W. Earl Marshall; and for other purposes. SR 1233. By Senator Tolleson of the 20th: A RESOLUTION recognizing and honoring the memory of Mrs. Dorothy Naomi Jones; and for other purposes. SR 1234. By Senator Tolleson of the 20th: A RESOLUTION recognizing and commending Ms. Eva Nelson Holland; and for other purposes. SR 1235. By Senator Tolleson of the 20th: A RESOLUTION recognizing and honoring the memory of Mrs. Mildred 2408 JOURNAL OF THE SENATE Bynum Montgomery; and for other purposes. SR 1236. By Senator Thomas of the 2nd: A RESOLUTION commending the National Baptist Deacons Convention of America, Inc., and Its Auxiliaries and welcoming them to Savannah, Georgia; and for other purposes. SR 1237. By Senator Thomas of the 2nd: A RESOLUTION recognizing Mr. Albert Worriels and commending him on the occasion of his retirement; and for other purposes. SR 1238. By Senators Thomas of the 54th, Hill of the 4th, Staton of the 18th and Johnson of the 1st: A RESOLUTION recognizing and commending Chester Webb; and for other purposes. SR 1239. By Senators Staton of the 18th and Tolleson of the 20th: A RESOLUTION recognizing the City of Centerville on its 50th anniversary year; and for other purposes. SR 1240. By Senator Butler of the 55th: A RESOLUTION commending Jasminn Leah Johnson; and for other purposes. SR 1241. By Senator Moody of the 56th: A RESOLUTION recognizing Roger Wise, Jr.; and for other purposes. SR 1242. By Senators Staton of the 18th, Harp of the 29th, Cowsert of the 46th, Wiles of the 37th and Smith of the 52nd: A RESOLUTION recognizing May 1, 2008, as Law Day in the United States of America and in the State of Georgia; and for other purposes. SR 1243. By Senators Unterman of the 45th, Hamrick of the 30th, Balfour of the 9th, Meyer von Bremen of the 12th, Orrock of the 36th and others: A RESOLUTION recognizing the American Association of Retired Persons (AARP) on its 50th Anniversary; and for other purposes. FRIDAY, MARCH 28, 2008 2409 SR 1245. By Senators Unterman of the 45th, Hawkins of the 49th, Shafer of the 48th, Balfour of the 9th and Thomas of the 54th: A RESOLUTION expressing regret at the passing of Mrs. Wilma Floey Robertson-Tillman; and for other purposes. SR 1248. By Senators Hill of the 32nd and Pearson of the 51st: A RESOLUTION expressing cultural, economic, and educational cooperation with the Republic of India; and for other purposes. SR 1249. By Senator Douglas of the 17th: A RESOLUTION commending Paige Hood for her heroic actions; and for other purposes. SR 1250. By Senators Douglas of the 17th, Davenport of the 44th and Jones of the 10th: A RESOLUTION commending Jack Parrish; and for other purposes. SR 1251. By Senators Douglas of the 17th, Davenport of the 44th and Jones of the 10th: A RESOLUTION commending Union Grove High School on winning the Georgia High School State Riflery Championship; and for other purposes. SR 1252. By Senators Douglas of the 17th and Ramsey, Sr. of the 43rd: A RESOLUTION commending the Rockdale County Sheriff's Department; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Carter of the 13th Thompson of the 33rd 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 28, 2008 Thirty-sixth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) 2410 HB 1208 HB 1304 HB 1309 HB 1312 JOURNAL OF THE SENATE Thompson of the 5th Balfour of the 9th Weber of the 40th Henson of the 41st Unterman of the 45th Shafer of the 48th Butler of the 55th GWINNETT COUNTY A BILL to be entitled an Act to authorize Gwinnett County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. 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. Chapman of the 3rd BRANTLEY COUNTY A BILL to be entitled an Act to amend an Act creating the board of commissioners of Brantley County, approved July 1, 1927 (Ga. L. 1927, p. 500), as amended, so as to change the salary of the chairperson; to repeal conflicting laws; and for other purposes. (SUBSTITUTE) Tolleson of the 20th BLECKLEY COUNTY A BILL to be entitled an Act to create the Bleckley County School Building Authority and to authorize such authority to provide, acquire, construct, equip, maintain, and operate public service facilities, to acquire the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including HB 1313 HB 1406 HB 1423 FRIDAY, MARCH 28, 2008 2411 real and personal property; to confer powers and to impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to provide that bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for construction; to provide for conveyance of property upon dissolution; to repeal conflicting laws; and for other purposes. Tolleson of the 20th PULASKI COUNTY A BILL to be entitled an Act to create the Pulaski County School Building Authority and to authorize such authority to provide, acquire, construct, equip, maintain, and operate public service facilities, to acquire the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real and personal property; to confer powers and to impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to provide that bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for construction; to provide for conveyance of property upon dissolution; to repeal conflicting laws; and for other purposes. Murphy of the 27th CITY OF WALESKA A BILL to be entitled an Act to amend an Act creating a new charter for the City of Waleska, approved May 4, 1992 (Ga. L. 1992, p. 6774), as amended, so as to provide for four-year terms of office for the mayor and councilmembers; to provide for staggered terms of office; to provide for the initial implementation of the staggered terms; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. Pearson of the 51st LUMPKIN COUNTY A BILL to be entitled an Act to amend an Act to create the board of commissioners of Lumpkin County, approved April 13, 2001 (Ga. L. 2001, p. 4272), as amended, so as to authorize the county manager to 2412 JOURNAL OF THE SENATE HB 1427 HB 1430 appoint and employ a clerk for the board of commissioners; to provide for the assignment of duties of such clerk; to provide for related matters; to repeal conflicting laws; and for other purposes. Pearson of the 51st DAWSON COUNTY A BILL to be entitled an Act to amend an Act creating a board of elections and registration in Dawson County, approved April 23, 1998 (Ga. L. 1998, p. 4680), so as to change certain provisions related to the place of meetings; to provide for related matters; to provide an effective date; 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, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4497), so as to provide for the provision of Internet services within the city; to provide for matters related to such authority; 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 1282 Chapman of the 3rd GLYNN COUNTY A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Glynn 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 1, 2000 (Ga. L. 2000, p. 4612), as amended, so as to provide for circumstances when such exemption may continue to be received if the homestead is destroyed but repaired or rebuilt in similar size and value within two years; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1424 HB 1425 HB 1426 HB 1442 FRIDAY, MARCH 28, 2008 2413 Pearson of the 51st LUMPKIN COUNTY A BILL to be entitled an Act to provide a homestead exemption from Lumpkin County ad valorem taxes for county purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or older or who are 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. Pearson of the 51st LUMPKIN COUNTY A BILL to be entitled an Act to provide a homestead exemption from Lumpkin County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older or who are 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. Pearson of the 51st CITY OF DAHLONEGA A BILL to be entitled an Act to provide a homestead exemption from City of Dahlonega ad valorem taxes for municipal purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older or who are 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. Goggans of the 7th CITY OF WAYCROSS A BILL to be entitled an Act to provide for a homestead exemption 2414 JOURNAL OF THE SENATE HB 1443 HB 1445 from City of Waycross 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 applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Goggans of the 7th WARE COUNTY A BILL to be entitled an Act to provide for a homestead exemption from Ware County school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Pearson of the 51st DAWSON COUNTY A BILL to be entitled an Act to provide a homestead exemption from Dawson County ad valorem taxes for county purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that county who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00; 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. The substitute to the following bill was put upon its adoption: *HB 1309: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1309: FRIDAY, MARCH 28, 2008 2415 A BILL TO BE ENTITLED AN ACT To amend an Act creating the board of commissioners of Brantley County, approved July 1, 1927 (Ga. L. 1927, p. 500), as amended, so as to change the salary of the chairperson; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the board of commissioners of Brantley County, approved July 1, 1927 (Ga. L. 1927, p. 500), as amended, is amended by revising Section 4 to read as follows: "SECTION 4. The chairperson of the board of commissioners shall be the chief executive officer of the board. He or she shall not vote on questions coming before the board except to break a tie. The chairpersons salary shall be $8,000.00 per annum, to be paid in equal monthly installments from the funds of Brantley County. In addition to the compensation otherwise provided in this Act, the chairperson of the board of commissioners shall receive a mileage expense at the rate set by the State of Georgia for its employees per mile traveled pursuant to his or her official duties." SECTION 2. This Act shall become effective on January 1, 2009. 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 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 Balfour Y Brown Y Bulloch Y Butler E Carter Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Schaefer Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 2416 JOURNAL OF THE SENATE Y Chance Y Chapman Y Cowsert Davenport Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Stoner Y Tarver Y Tate Y Thomas,D Thomas,R Y Thompson,C E Thompson,S Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the local bills, the yeas were 46, nays 0. The bills on the Local Consent Calendar, except HB 1309, having received the requisite constitutional majority, were passed. HB 1309, having received the requisite constitutional majority, was passed by substitute. Senator Rogers of the 21st asked unanimous consent that HB 1244, a bill on the calendar for today, be engrossed. 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 E Carter Chance Y Chapman Y Cowsert N Davenport Y Douglas Fort Y Goggans N Golden Y Grant Y Heath N Henson Y Hill,Jack Y Hill,Judson Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton N Stoner N Tarver N Tate Y Thomas,D Thomas,R N Thompson,C E Thompson,S Tolleson Y Unterman FRIDAY, MARCH 28, 2008 2417 Hamrick N Harbison Y Harp Y Hawkins N Powell N Ramsey N Reed Y Rogers Y Weber Y Wiles Y Williams On the motion, the yeas were 30, nays 18 the motion prevailed and HB 1244 was engrossed. Senator Rogers of the 21st asked unanimous consent that HR 1246, a resolution on the calendar for today, be engrossed. 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 E Carter Chance Y Chapman Y Cowsert N Davenport Y Douglas Fort Y Goggans N Golden Y Grant Hamrick N Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton N Stoner N Tarver N Tate Y Thomas,D Thomas,R N Thompson,C E Thompson,S Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 30, nays 18 the motion prevailed and HR 1246 was engrossed. Senator Tarver of the 22nd introduced the Honorable John H. "Jack" Ruffin, Jr., commended by SR 1206, adopted previously. The Honorable John H. "Jack" Ruffin, Jr., addressed the Senate briefly. Senator Seabaugh of the 28th was excused for business outside the Senate Chamber. 2418 JOURNAL OF THE SENATE SENATE RULES CALENDAR FRIDAY, MARCH 28, 2008 THIRTY-SIXTH LEGISLATIVE DAY HB 1041 HB 715 HB 732 HB 1244 HR 1246 HB 1126 HB 1243 HB 241 HB 649 HB 673 HB 990 HB 1016 Georgia Registered Professional Nurse Practice Act; obsolete language; eliminate (Amendment)(H&HS-54th) Cooper-41st Family and children services; county directors; appointment; change certain provisions (H&HS-54th) Scott-153rd Peace Officers' Annuity and Benefit Fund; certain persons; provide membership (RET-54th) Stephens-164th Income tax credit; teleworking; extend time period (Substitute)(FIN-21st) Martin-47th The Property Tax Reform Amendment; enact - CA (Substitute)(FIN-21st) Richardson-19th Downtown development authorities; directors; provisions (Amendment) (ECD-28th) Horne-71st Alcoholic beverages; nonprofit organizations; issuance of temporary permits; change certain provisions (RI&Util-29th) Lindsey-54th Opticians; licensure; practical training; specify certain requirements (H&HS-29th) Chambers-81st Georgia Blueberry Commission; create (Substitute)(AG&CA-7th) Smith-168th Insurance; third party's lienholder; provisions (I&L-47th) Hembree-67th General appropriations; State Fiscal Year July 1, 2008 - June 30, 2009 (Substitute)(APPROP-4th) Richardson-19th Commissioner of Natural Resources; blue crabs; manage certain aspects; provide (Substitute)(NR&E-1st) Lane-158th HB 1121 Condominiums; associations; insurance coverage; change certain provisions (I&L-47th) Willard-49th FRIDAY, MARCH 28, 2008 2419 HB 1132 HB 1176 HB 1186 HR 1103 HR 1310 HR 1427 HB 358 HB 1105 Uniform Environmental Covenants Act; enact (Substitute)(S JUDY-29th) Lindsey-54th Land conservation projects; certain provisions; redesignate and extensively revise (NR&E-20th) Knight-126th Subsequent Injury Trust Fund; assessment payments; change certain provisions (I&L-47th) Coan-101st Joint Study Committee on Teacher Training and Certification; create (ED&Y-40th) Coleman-97th State Properties Commission; enter into dispute agreements; real property in Butts, Lamar, and Monroe Counties; authorize (Substitute)(SI&P-25th) Cole-125th Robert S. "Bob" Boney State Prison; dedicate (SI&P-13th) Hanner-148th Sheriffs' Retirement Fund; death benefits; increase amount (RET-27th) Talton-145th Hospitals; offer certain vaccinations to inpatients 65 years or older; require (Substitute)(H&HS-45th) Sheldon-105th 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 1041. By Representatives Cooper of the 41st, Wilkinson of the 52nd, Rynders of the 152nd, Willard of the 49th, Maddox of the 172nd and others: A BILL to be entitled an Act 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 eliminate obsolete language relating to graduate nurses; to require fingerprint record checks for applicants for licensure as a registered professional nurse; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Thomas of the 54th. 2420 JOURNAL OF THE SENATE The Senate Health and Human Services Committee offered the following amendment: Amend HB 1041 (LC 33 2284S) by striking lines 27 and 28 of page 2 and inserting in lieu thereof the following: (2) Have graduated from a nursing education program, approved by this the board, or which meets criteria similar to, and not less stringent than, those established by this the board; By striking lines 8 through 10 of page 3 and inserting in lieu thereof the following: (2) Have passed a board recognized licensing examination following graduation from the a nursing education program approved by the board or which meets criteria similar to, and not less stringent than, those established by the board; By striking lines 28 through 31 of page 3 and inserting in lieu thereof the following: (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 approved by the board or which meets criteria similar to, and not less stringent than, those established by the board within the four years immediately preceding the date of the application; and On the adoption of the amendment, there were no objections, 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 E Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Schaefer E Seabaugh N Seay Y Shafer,D Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman FRIDAY, MARCH 28, 2008 2421 Y Hamrick Y Harbison Y Harp Hawkins Y Powell Y Ramsey Y Reed Y Rogers Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 1. HB 1041, having received the requisite constitutional majority, was passed as amended. HB 715. By Representative Scott of the 153rd: 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. 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 E Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey Y Reed Y Rogers Y Schaefer E Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams 2422 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 50, nays 2. HB 715, having received the requisite constitutional majority, was passed. HB 732. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Peace Officers Annuity and Benefit Fund, so as to provide that certain persons employed by the Composite State Board of Medical Examiners shall be eligible for membership in such fund; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Thomas of the 54th. 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 6, 2007 The Honorable Ron Stephens State Representative State Capitol, Room 228 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification House Bill 732 (LC 21 9405) Dear Representative Stephens: This bill would amend provisions relating to membership in the Peace Officers' Annuity and Benefit Fund. If this bill is enacted, certain persons who are employed by the Composite State Board of Medical Examiners as investigators would be added to the list of those eligible for membership in the Peace Officers' Annuity and Benefit Fund. FRIDAY, MARCH 28, 2008 2423 Membership would only be extended to those employees who are certified as peace officers pursuant to the provisions of the Georgia Peace Officer Standards and Training Act. Persons who elect to join the Fund would be entitled to the benefits offered to all other members. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Russell W. Hinton State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler E Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 2. HB 732, having received the requisite constitutional majority, was passed. The following committee report was read by the Secretary: 2424 JOURNAL OF THE SENATE 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 1274 Pursuant to Senate Rule 2-1.10(b), referred by the Senate Rules Committee to the Senate Finance Committee from the General Calendar. Respectfully submitted, Senator Balfour of the 9th District, Chairman The Calendar was resumed. HB 1244. By Representatives Martin of the 47th and Drenner of the 86th: A BILL to be entitled an Act to amend Code Section 48-7-29.11 of the Official Code of Georgia Annotated, relating to income tax credits for teleworking, so as to extend the period of time for which such credits are granted; to change the amount of certain credits; to change certain reporting requirements; to provide an effective date; 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 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 February 26, 2008 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 FRIDAY, MARCH 28, 2008 2425 SUBJECT: Fiscal Note House Bill 1244 (LC 18 7188) Dear Chairman O'Neal: This bill would extend the employer state income tax credits for teleworking. Presently, credits are available only through 2010. This bill would extend availability of the credits to 2012. A feature of the existing program is a cap on the total amount of tax credits available to qualified applicants in any given year. For 2008 and 2009, the total credits available are $2 million. This bill would expand the total credits available to $2.5 million in 2010 and 2011. The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: The fiscal impact of the legislation is limited by the tax expenditure caps. For the years 2008 and 2009, the maximum impact is $2 million per year; tax expenditure for these two years is already approved in current law. For 2010 and 2011, the maximum impact is $2.5 million per year. Based on experience in 2008 as reported by the Georgia Department of Revenue, the maximum available credit is likely to be used in each year. Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, 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 Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding state income tax, so as to provide for comprehensive reform of state income tax; to provide for certain reductions in the income tax rates for individuals; to extend the period of time for which income tax credits for teleworking are granted; to change the amount of certain credits; to change certain reporting requirements; 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: 2426 JOURNAL OF THE SENATE SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding state income tax, is amended by revising paragraph (1) of subsection (b) of Code Section 48-7-20, relating to individual tax rates and tax tables, as follows: "(b)(1) The tax imposed pursuant to subsection (a) of this Code section shall be computed in accordance with the following tables: (A) For the taxable years or portions thereof beginning prior to July 1, 2008: SINGLE PERSON If Georgia Taxable Net Income Is: The Tax Is: Not over $750.00 . . . . . . . . . . . . . . . . . . . . . . . 1% Over $750.00 but not over $2,250.00 . . . . . . . $7.50 plus 2% of amount over $750.00 Over $2,250.00 but not over $3,750.00 . . . . . . $37.50 plus 3% of amount over $2,250.00 Over $3,750.00 but not over $5,250.00 . . . . . . $82.50 plus 4% of amount over $3,750.00 Over $5,250.00 but not over $7,000.00 . . . . . . $142.50 plus 5% of amount over $5,250.00 Over $7,000.00 . . . . . . . . . . . . . . . . . . . . . . . . $230.00 plus 6% of amount over $7,000.00 MARRIED PERSON FILING A SEPARATE RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $500.00 . . . . . . . . . . . . . . . . . . . . . . . 1% Over $500.00 but not over $1,500.00 . . . . . . . $5.00 plus 2% of amount over $500.00 Over $1,500.00 but not over $2,500.00 . . . . . . $25.00 plus 3% of amount over $1,500.00 Over $2,500.00 but not over $3,500.00 . . . . . . $55.00 plus 4% of amount over $2,500.00 FRIDAY, MARCH 28, 2008 2427 Over $3,500.00 but not over $5,000.00 . . . . . . $95.00 plus 5% of amount over $3,500.00 Over $5,000.00 . . . . . . . . . . . . . . . . . . . . . . . . $170.00 plus 6% of amount over $5,000.00 HEAD OF HOUSEHOLD AND MARRIED PERSONS FILING A JOINT RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $1,000.00 . . . . . . . . . . . . . . . . . . . . . 1% Over $1,000.00 but not over $3,000.00 . . . . . . $10.00 plus 2% of amount over $1,000.00 Over $3,000.00 but not over $5,000.00 . . . . . . $50.00 plus 3% of amount over $3,000.00 Over $5,000.00 but not over $7,000.00 . . . . . . $110.00 plus 4% of amount over $5,000.00 Over $7,000.00 but not over $10,000.00 . . . . . $190.00 plus 5% of amount over $7,000.00 Over $10,000.00 . . . . . . . . . . . . . . . . . . . . . . . $340.00 plus 6% of amount over $10,000.00 (B) For the taxable year or portion thereof beginning on or after July 1, 2008, and prior to January 1, 2009: SINGLE PERSON If Georgia Taxable Net Income Is: The Tax Is: Not over $750.00 . . . . . . . . . . . . . . . . . . . . . . . . .9% Over $750.00 but not over $2,250.00 . . . . . . . . .$6.75 plus 1.8% of amount over $750.00 Over $2,250.00 but not over $3,750.00 . . . . . . . $33.75 plus 2.7% of amount over $2,250.00 Over $3,750.00 but not over $5,250.00 . . . . . . . $74.25 plus 3.6% of amount over $3,750.00 2428 JOURNAL OF THE SENATE Over $5,250.00 but not over $7,000.00 . . . . . . . $128.25 plus 4.5% of amount over $5,250.00 Over $7,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . $207.00 plus 5.9% of amount over $7,000.00 MARRIED PERSON FILING A SEPARATE RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $500.00 . . . . . . . . . . . . . . . . . . . . . . . . .9% Over $500.00 but not over $1,500.00 . . . . . . . . .$4.50 plus 1.8% of amount over $500.00 Over $1,500.00 but not over $2,500.00 . . . . . . . $22.50 plus 2.7% of amount over $1,500.00 Over $2,500.00 but not over $3,500.00 . . . . . . . $49.50 plus 3.6% of amount over $2,500.00 Over $3,500.00 but not over $5,000.00 . . . . . . . $85.50 plus 4.5% of amount over $3,500.00 Over $5,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . $153.00 plus 5.9% of amount over $5,000.00 HEAD OF HOUSEHOLD AND MARRIED PERSONS FILING A JOINT RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $1,000.00 . . . . . . . . . . . . . . . . . . . . . . . .9% Over $1,000.00 but not over $3,000.00 . . . . . . . $9.00 plus 1.8% of amount over $1,000.00 Over $3,000.00 but not over $5,000.00 . . . . . . . $45.00 plus 2.7% of amount over $3,000.00 Over $5,000.00 but not over $7,000.00 . . . . . . . $99.00 plus 3.6% of amount over $5,000.00 Over $7,000.00 but not over $10,000.00 . . . . . . $171.00 plus 4.5% of amount over FRIDAY, MARCH 28, 2008 2429 $7,000.00 Over $10,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . $306.00 plus 5.9% of amount over $10,000.00 (C) For the taxable year beginning on or after January 1, 2009, and prior to January 1, 2010: SINGLE PERSON If Georgia Taxable Net Income Is: The Tax Is: Not over $750.00 . . . . . . . . . . . . . . . . . . . . . . . . .9% Over $750.00 but not over $2,250.00 . . . . . . . . .$6.75 plus 1.8% of amount over $750.00 Over $2,250.00 but not over $3,750.00 . . . . . . . $33.75 plus 2.7% of amount over $2,250.00 Over $3,750.00 but not over $5,250.00 . . . . . . . $74.25 plus 3.6% of amount over $3,750.00 Over $5,250.00 but not over $7,000.00 . . . . . . . $128.25 plus 4.5% of amount over $5,250.00 Over $7,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . $207.00 plus 5.8% of amount over $7,000.00 MARRIED PERSON FILING A SEPARATE RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $500.00 . . . . . . . . . . . . . . . . . . . . . . . . .9% Over $500.00 but not over $1,500.00 . . . . . . . . .$4.50 plus 1.8% of amount over $500.00 Over $1,500.00 but not over $2,500.00 . . . . . . . $22.50 plus 2.7% of amount over $1,500.00 Over $2,500.00 but not over $3,500.00 . . . . . . . $49.50 plus 3.6% of amount over $2,500.00 Over $3,500.00 but not over $5,000.00 . . . . . . . $85.50 plus 4.5% of amount over 2430 JOURNAL OF THE SENATE $3,500.00 Over $5,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . $153.00 plus 5.8% of amount over $5,000.00 HEAD OF HOUSEHOLD AND MARRIED PERSONS FILING A JOINT RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $1,000.00 . . . . . . . . . . . . . . . . . . . . . . . .9% Over $1,000.00 but not over $3,000.00 . . . . . . . $9.00 plus 1.8% of amount over $1,000.00 Over $3,000.00 but not over $5,000.00 . . . . . . . $45.00 plus 2.7% of amount over $3,000.00 Over $5,000.00 but not over $7,000.00 . . . . . . . $99.00 plus 3.6% of amount over $5,000.00 Over $7,000.00 but not over $10,000.00 . . . . . . $171.00 plus 4.5% of amount over $7,000.00 Over $10,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . $306.00 plus 5.8% of amount over $10,000.00 (D) For the taxable year beginning on or after January 1, 2010, and prior to January 1, 2011: SINGLE PERSON If Georgia Taxable Net Income Is: The Tax Is: Not over $750.00 . . . . . . . . . . . . . . . . . . . . . . . . .9% Over $750.00 but not over $2,250.00 . . . . . . . . .$6.75 plus 1.8% of amount over $750.00 Over $2,250.00 but not over $3,750.00 . . . . . . . $33.75 plus 2.7% of amount over $2,250.00 Over $3,750.00 but not over $5,250.00 . . . . . . . $74.25 plus 3.6% of amount over $3,750.00 FRIDAY, MARCH 28, 2008 2431 Over $5,250.00 but not over $7,000.00 . . . . . . . $128.25 plus 4.5% of amount over $5,250.00 Over $7,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . $207.00 plus 5.7% of amount over $7,000.00 MARRIED PERSON FILING A SEPARATE RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $500.00 . . . . . . . . . . . . . . . . . . . . . . . . .9% Over $500.00 but not over $1,500.00 . . . . . . . . .$4.50 plus 1.8% of amount over $500.00 Over $1,500.00 but not over $2,500.00 . . . . . . . $22.50 plus 2.7% of amount over $1,500.00 Over $2,500.00 but not over $3,500.00 . . . . . . . $49.50 plus 3.6% of amount over $2,500.00 Over $3,500.00 but not over $5,000.00 . . . . . . . $85.50 plus 4.5% of amount over $3,500.00 Over $5,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . $153.00 plus 5.7% of amount over $5,000.00 HEAD OF HOUSEHOLD AND MARRIED PERSONS FILING A JOINT RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $1,000.00 . . . . . . . . . . . . . . . . . . . . . . . .9% Over $1,000.00 but not over $3,000.00 . . . . . . . $9.00 plus 1.8% of amount over $1,000.00 Over $3,000.00 but not over $5,000.00 . . . . . . . $45.00 plus 2.7% of amount over $3,000.00 Over $5,000.00 but not over $7,000.00 . . . . . . . $99.00 plus 3.6% of amount over $5,000.00 Over $7,000.00 but not over $10,000.00 . . . . . . $171.00 plus 4.5% of amount over 2432 JOURNAL OF THE SENATE $7,000.00 Over $10,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . $306.00 plus 5.7% of amount over $10,000.00 (E) For the taxable year beginning on or after January 1, 2011, and prior to January 1, 2012: SINGLE PERSON If Georgia Taxable Net Income Is: The Tax Is: Not over $750.00 . . . . . . . . . . . . . . . . . . . . . . . . .9% Over $750.00 but not over $2,250.00 . . . . . . . . .$6.75 plus 1.8% of amount over $750.00 Over $2,250.00 but not over $3,750.00 . . . . . . . $33.75 plus 2.7% of amount over $2,250.00 Over $3,750.00 but not over $5,250.00 . . . . . . . $74.25 plus 3.6% of amount over $3,750.00 Over $5,250.00 but not over $7,000.00 . . . . . . . $128.25 plus 4.5% of amount over $5,250.00 Over $7,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . $207.00 plus 5.6% of amount over $7,000.00 MARRIED PERSON FILING A SEPARATE RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $500.00 . . . . . . . . . . . . . . . . . . . . . . . . .9% Over $500.00 but not over $1,500.00 . . . . . . . . .$4.50 plus 1.8% of amount over $500.00 Over $1,500.00 but not over $2,500.00 . . . . . . . $22.50 plus 2.7% of amount over $1,500.00 Over $2,500.00 but not over $3,500.00 . . . . . . . $49.50 plus 3.6% of amount over $2,500.00 Over $3,500.00 but not over $5,000.00 . . . . . . . $85.50 plus 4.5% of amount over FRIDAY, MARCH 28, 2008 2433 $3,500.00 Over $5,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . $153.00 plus 5.6% of amount over $5,000.00 HEAD OF HOUSEHOLD AND MARRIED PERSONS FILING A JOINT RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $1,000.00 . . . . . . . . . . . . . . . . . . . . . . . .9% Over $1,000.00 but not over $3,000.00 . . . . . . . $9.00 plus 1.8% of amount over $1,000.00 Over $3,000.00 but not over $5,000.00 . . . . . . . $45.00 plus 2.7% of amount over $3,000.00 Over $5,000.00 but not over $7,000.00 . . . . . . . $99.00 plus 3.6% of amount over $5,000.00 Over $7,000.00 but not over $10,000.00 . . . . . . $171.00 plus 4.5% of amount over $7,000.00 Over $10,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . $306.00 plus 5.6% of amount over $10,000.00 (F) For all taxable years beginning on or after January 1, 2012: SINGLE PERSON If Georgia Taxable Net Income Is: The Tax Is: Not over $750.00 . . . . . . . . . . . . . . . . . . . . . . . . .9% Over $750.00 but not over $2,250.00 . . . . . . . . .$6.75 plus 1.8% of amount over $750.00 Over $2,250.00 but not over $3,750.00 . . . . . . . $33.75 plus 2.7% of amount over $2,250.00 Over $3,750.00 but not over $5,250.00 . . . . . . . $74.25 plus 3.6% of amount over $3,750.00 Over $5,250.00 but not over $7,000.00 . . . . . . . $128.25 plus 4.5% of amount over 2434 JOURNAL OF THE SENATE $5,250.00 Over $7,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . $207.00 plus 5.4% of amount over $7,000.00 MARRIED PERSON FILING A SEPARATE RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $500.00 . . . . . . . . . . . . . . . . . . . . . . . . .9% Over $500.00 but not over $1,500.00 . . . . . . . . .$4.50 plus 1.8% of amount over $500.00 Over $1,500.00 but not over $2,500.00 . . . . . . . $22.50 plus 2.7% of amount over $1,500.00 Over $2,500.00 but not over $3,500.00 . . . . . . . $49.50 plus 3.6% of amount over $2,500.00 Over $3,500.00 but not over $5,000.00 . . . . . . . $85.50 plus 4.5% of amount over $3,500.00 Over $5,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . $153.00 plus 5.4% of amount over $5,000.00 HEAD OF HOUSEHOLD AND MARRIED PERSONS FILING A JOINT RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $1,000.00 . . . . . . . . . . . . . . . . . . . . . . . .9% Over $1,000.00 but not over $3,000.00 . . . . . . . $9.00 plus 1.8% of amount over $1,000.00 Over $3,000.00 but not over $5,000.00 . . . . . . . $45.00 plus 2.7% of amount over $3,000.00 Over $5,000.00 but not over $7,000.00 . . . . . . . $99.00 plus 3.6% of amount over $5,000.00 Over $7,000.00 but not over $10,000.00 . . . . . . $171.00 plus 4.5% of amount over FRIDAY, MARCH 28, 2008 2435 $7,000.00 Over $10,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . $306.00 plus 5.4% of amount over $10,000.00" SECTION 2. Said article is further amended in Code Section 48-7-29.11, relating to income tax credits for teleworking, by revising subsection (b) as follows: "(b) For taxable years beginning or ending on or after January 1, 2008, and prior to January 1, 2010 2012, an employer shall be allowed a state income tax credit against the tax imposed by Code Section 48-7-20 or Code Section 48-7-21 for a percentage of eligible telework expenses incurred in the corresponding calendar years 2008 and 2009 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 Clean 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 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." SECTION 3. Said article is further amended in Code Section 48-7-29.11, relating to income tax credits for teleworking, by revising paragraph (2) of subsection (e) as follows: "(2) The commissioner shall provide tentative approval of the applications by the date provided in paragraph (3) of this subsection. In no event shall the aggregate amount of tax credits approved by the commissioner for all qualified employers under this Code section in a calendar year exceed: (A) Two million dollars for For credits earned in calendar year 2008, $2 million; and (B) Two million dollars for For credits earned in calendar year 2009, $2 million; (C) For credits earned in calendar year 2010, $2.5 million; and (D) For credits earned in calendar year 2011, $2.5 million." SECTION 4. Said article is further amended in Code Section 48-7-29.11, relating to income tax credits for teleworking, by revising subsection (f) as follows: "(f) Notwithstanding the provisions of Code Sections 48-2-15, 48-7-60, and 48-7-61, on or before December 31, 2010, for credits allowed in calendar year 2008 and by 2436 JOURNAL OF THE SENATE December 31, 2011, for credits allowed in calendar year 2009, the commissioner shall make available a public report disclosing the employer names and amounts of credit claimed under this Code section as follows: (1) On or before December 31, 2010, for credits allowed in calendar year 2008; (2) On or before December 31, 2011, for credits allowed in calendar year 2009; (3) On or before December 31, 2012, for credits allowed in calendar year 2010; and (4) On or before December 31, 2013, for credits allowed in calendar year 2011." SECTION 5. This Act shall become effective upon on July 1, 2008. SECTION 6. 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 April 1, 2008 Honorable Chip Rogers, Chairman Senate Finance Committee Paul D. Coverdell Office Building, Room 325-B Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 1244 Substitute (LC 18 7547ERS) Dear Chairman Rogers: The Georgia State University Fiscal Research Center provided the following description of this bill and analysis of its fiscal impact: This legislation has two main provisions. First, it amends the existing tax credit for FRIDAY, MARCH 28, 2008 2437 telecommuting. Second, it proposes changes to Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia to amend the individual income tax. This aspect would reduce the statutory tax rate for the first 5 tax brackets by 10 percent effective January 1, 2009. The top tax bracket would be phased down to 5.4 percent by 2012. The revenue loss associated with these changes to income tax rates is a first year loss of 2.65 percent of current law revenues (calendar year); 4.2 percent in the second year, 5.9 percent in the third year, 7.6 percent in the fourth year, and 11.4 percent in the fifth year. Using a revenue base for FY 2010 of $9.8 billion, the revenue loss on a fiscal year basis is as follows (in millions of dollars): FY 2010 $476, FY 2011 $526, FY 2012 $727, FY 2013 $1,061, and FY 2014 $1,313. This assumes all of the costs from calendar year (CY) 2009 occur in FY 2010 due to inflexibility of withholding, and then 50% of the CY 2010 costs also fall in FY 2010. These estimates were obtained using the Georgia Individual Income Tax Microsimulation Model. The second provision amends O.C.G.A. 48-7-29.11 to extend employer state income tax credits for teleworking. Presently, credits are available only through 2010; the proposed legislation will extend availability of credits to 2012. A feature of the existing program is a cap on the total amount of tax credits available to qualified applicants in any given year. For 2008 and 2009 the total credits available are $2 million. The proposed legislation will expand the total credits available to $2.5 million in 2010 and 2011. The fiscal impact of the legislation is limited by the tax expenditure caps. For the years 2008 and 2009 the maximum impact is $2 million per year; tax expenditure for these two years is already approved in current law. For 2010 and 2011 the maximum impact is $2.5 million per year. Based on experience in 2008 as noted by the Department of Revenue, the maximum available credit is likely to be used in each year. Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget On the adoption of the substitute, there were no objections, 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. 2438 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown Y Bulloch N Butler E Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 49, nays 6. HB 1244, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 1463. By Representatives Howard of the 121st, Murphy of the 120th and Frazier of the 123rd: A BILL to be entitled an Act to amend an Act creating the AugustaRichmond County Coliseum Authority, approved April 17, 1973 (Ga. L. 1973, p. 3042), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3300), and an Act approved March 16, 1993 (Ga. L. 1993, p. 4087), so as to change the name of the authority; to change the membership of the authority; to provide for the terms and appointment of FRIDAY, MARCH 28, 2008 2439 members of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Harp of the 29th congratulated the Flint River Academy Wildcats football team, its coaches, and the cheerleaders, commended by SR 1116, adopted previously. Senator Tate of the 38th was excused for business outside the Senate Chamber. The Calendar was resumed. HR 1246. By Representatives Richardson of the 19th, O`Neal of the 146th and Ehrhart of the 36th: A RESOLUTION Proposing an amendment to the Constitution so as to provide for ad valorem tax reform; to provide for a short title; to repeal the levy of state ad valorem taxes except in the case of an emergency; to provide for applicability; to authorize certain ad valorem tax exemptions for certain personal motor vehicles; to provide for certain local government assistance grants; to freeze the valuation of residential and nonresidential real property except for certain adjustments; to provide for ratification of certain exemptions and assessment freezes which were previously enacted; to provide for applicability; 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 Property Tax Reform Amendment." SECTION 2. Article VII, Section I, Paragraph II of the Constitution is amended by revising subparagraph (a) as follows: "(a)(1) The state shall not impose an annual levy of state ad valorem taxes on tangible property for all purposes, any purpose except for defending the state in an emergency, shall not exceed one-fourth mill on each dollar of the assessed value of the property. (2) Solely, for purposes of any general law in effect on January 1, 2009, which distributes intangible tax revenues to the state based upon a proportion that the state millage rate and millage rates of local tax jurisdictions bear to the total millage rate levied for all purposes, the state millage rate shall equal one-fourth mill on each dollar of assessed value. 2440 JOURNAL OF THE SENATE (3) The prohibition of this subparagraph shall not affect state: (A) Assessment and collection of ad valorem taxes on public utilities, railroad companies, and airlines on behalf of local governments; or (B) Administrative functions with respect to local ad valorem taxation pursuant to any general law. (4) The state shall continue to assure that all taxation is uniform upon the same class of subjects across all taxing jurisdictions of this state." SECTION 3. Article VII, Section I of the Constitution is amended by revising Paragraph III and by adding a new Paragraph to read as follows: "Paragraph III. Uniformity Applicability of uniformity; exceptions; classification of property; assessment of agricultural land; conservation use; timber; utilities. (a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (b), (b.1), (c), (d), and (e) of this Paragraph and Paragraph IV of this section, all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. (b)(1) Except as otherwise provided in this subparagraph (b) Paragraph, classes of subjects for taxation of property shall consist of residential and nonresidential real property, other tangible property, and one or more classes of intangible personal property including money; provided, however, that any taxation of intangible personal property may be repealed by general law without approval in a referendum effective for all taxable years beginning on or after January 1, 1996. (2) Subject to the conditions and limitations specified by law, each of the following types of property may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such properties: (A) Trailers. (B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation. (C) Heavy-duty equipment motor vehicles owned by nonresidents and operated in this state. (3)(b.1)(1) Motor vehicles may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes. (2) The General Assembly may provide by general law for the ad valorem taxation of motor vehicles including, but not limited to, providing for different rates, methods, and assessment dates, and taxpayer liability for such class and for each of its subclasses and need not provide for uniformity of taxation with other classes of property or between or within its subclasses. (3) The General Assembly shall provide by general law for the exemption of all ad valorem taxes otherwise due upon qualified motor vehicles. Such general law shall provide an exemption in the amount of 50 percent of the assessed value of qualified FRIDAY, MARCH 28, 2008 2441 motor vehicles for the period beginning July 1, 2009, and ending on June 30, 2010, and an exemption in the amount of the full assessed value of all qualified motor vehicles for each 12 month period thereafter. Such general law shall define a qualified motor vehicle as a motor vehicle titled in the name of an individual natural person and may include further limitations and qualifications. Such general law providing such an exemption shall provide for local government assistance grants to counties, municipalities, and county and independent school districts to offset revenue loss subject to such limitations as may be imposed by the General Assembly. (4) The General Assembly may also determine what portion of any ad valorem tax on motor vehicles shall be retained by the state. (5) As used in this subparagraph, the term 'motor vehicles' means all vehicles which are self-propelled and designed for use on roads and highways. (c) Tangible Subject to the limitations of Paragraph IV of this section, tangible real property, but no more than 2,000 acres of any single property owner, which is devoted to bona fide agricultural purposes shall be assessed for ad valorem taxation purposes at 75 percent of the value which other tangible real property is assessed. No property shall be entitled to receive the preferential assessment provided for in this subparagraph if the property which would otherwise receive such assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock ownership, receiving the benefit of such preferential assessment as to more than 2,000 acres. No property shall be entitled to receive the preferential assessment provided for in this subparagraph unless the conditions set out below are met: (1) The property must be owned by: (A)(i) One or more natural or naturalized citizens; (ii) An estate of which the devisee or heirs are one or more natural or naturalized citizens; or (iii) A trust of which the beneficiaries are one or more natural or naturalized citizens; or (B) A family-owned farm corporation, the controlling interest of which is owned by individuals related to each other within the fourth degree of civil reckoning, or which is owned by an estate of which the devisee or heirs are one or more natural or naturalized citizens, or which is owned by a trust of which the beneficiaries are one or more natural or naturalized citizens, and such corporation derived 80 percent or more of its gross income from bona fide agricultural pursuits within this state within the year immediately preceding the year in which eligibility is sought. (2) The General Assembly shall provide by law: (A) For a definition of the term 'bona fide agricultural purposes,' but such term shall include timber production; (B) For additional minimum conditions of eligibility which such properties must meet in order to qualify for the preferential assessment provided for herein, including, but not limited to, the requirement that the owner be required to enter into a covenant with the appropriate taxing authorities to maintain the use of the properties in bona fide agricultural purposes for a period of not less than ten years 2442 JOURNAL OF THE SENATE and for appropriate penalties for the breach of any such covenant. (3) In addition to the specific conditions set forth in this subparagraph (c), the General Assembly may place further restrictions upon, but may not relax, the conditions of eligibility for the preferential assessment provided for herein. (d)(1) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property which is listed in the National Register of Historic Places or in a state historic register authorized by general law. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the preservation of such historic properties and to assist in the revitalization of historic areas. (2) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property on which there have been releases of hazardous waste, constituents, or substances into the environment. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the cleanup, reuse, and redevelopment of such properties and to assist in the revitalization thereof by encouraging remedial action. (e) The Subject to the limitations of Paragraph IV of this section, 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; 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; (2) That standing timber shall be assessed only once, and such assessment shall be made following its harvest or sale and on the basis of its fair market value at the time of harvest or sale. Said assessment shall be two and one-half times the assessed percentage of value fixed by law for other real property taxed under the uniformity provisions of subparagraph (a) of this Paragraph but in no event greater than its fair market value; and for a method of temporary supplementation of the property tax FRIDAY, MARCH 28, 2008 2443 digest of any county if the implementation of this method of taxing timber reduces the tax digest by more than 20 percent, such supplemental assessed value to be assigned to the properties otherwise benefiting from such method of taxing timber. (f) The Subject to the limitations of Paragraph IV of this section, the General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c), (d), or (e) of this Paragraph. Paragraph IV. Limitations on assessed value increases for real property. (a)(1) Except as otherwise provided in this Paragraph, the assessed value of residential real property and nonresidential real property for all ad valorem tax purposes shall not be increased from the valuation established for 2008, or, upon its sale or transfer, shall not be increased from its fair market value established under subparagraph (a)(2) of this Paragraph. Additions or improvements to such residential real property and nonresidential real property placed in service after December 31, 2007, shall be appraised for ad valorem tax purposes at their fair market value and shall be added to the owners valuation amount under this subparagraph. (2) If such residential real property or nonresidential real property is sold or transferred to another person, such residential real property or nonresidential real property shall be appraised for ad valorem tax purposes at fair market value. (3) The valuation amount under this subparagraph for any individual parcel of residential real property may be increased during a taxable year by an amount not to exceed a 2 percent increase in the preceding taxable years value. The valuation amount under this subparagraph for any individual parcel of nonresidential real property may be increased during a taxable year by an amount not to exceed a 3 percent increase in the preceding taxable years value. (b) The General Assembly shall be authorized by general law to further define and implement the provisions of this Paragraph including, but specifically not limited to, definitions of residential real property and nonresidential real property. (c) Any local or general law providing for base year assessed value homestead exemptions that freeze the assessment of property with respect to any or all ad valorem taxes enacted prior to January 1, 2009, shall be ratified expressly; provided, however, that such ratification shall not be interpreted to imply that such laws were invalid at the time they became law. The provisions of this Paragraph shall not apply to any homesteads ad valorem taxes which are the subject of any such general or local law exemption unless such general law or local law is repealed. The repeal of such general law under this subparagraph shall be accomplished by general Act of the General Assembly, the effectiveness of which shall not be conditioned on approval by a majority of the qualified voters voting thereon in the state. The repeal of any such local law under this subparagraph shall be accomplished by local Act of the General Assembly, the effectiveness of which shall not be conditioned on approval by a majority of the qualified voters voting thereon in the affected local tax jurisdiction. (d) This Paragraph shall not apply to real property in any county or consolidated 2444 JOURNAL OF THE SENATE government for which a local constitutional amendment has been continued in force and effect as part of this Constitution which freezes ad valorem property taxes with respect to such real property unless such local constitutional amendment is repealed. The repeal of such local constitutional amendment under this subparagraph shall be accomplished by local Act of the General Assembly, the effectiveness of which shall not be conditioned on approval by a majority of the qualified voters voting thereon in the county or consolidated government." SECTION 4. 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 Georgias property tax system be comprehensively reformed by eliminating all property taxes on personal motor vehicles, removing state ( ) NO property taxes, and freezing the tax assessed value of all real property as set forth in The Property Tax Reform Amendment through an amendment to the Constitution of the State of Georgia?" 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 1246: A RESOLUTION Proposing an amendment to the Constitution so as to provide for ad valorem tax reform; to repeal the levy of state ad valorem taxes except in the case of an emergency; to provide for applicability; to freeze the valuation of real property except for certain adjustments; to provide for procedures, conditions, and limitations for certain increases; to provide procedures for increasing or decreasing millage rates on taxes for educational purposes; to provide for ratification of certain exemptions and assessment freezes which were previously enacted; to provide for applicability; 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, Section I, Paragraph II of the Constitution is amended by revising subparagraph (a) as follows: "(a)(1) The state shall not impose an annual levy of state ad valorem taxes on tangible property for all purposes, any purpose except for defending the state in an FRIDAY, MARCH 28, 2008 2445 emergency, shall not exceed one-fourth mill on each dollar of the assessed value of the property. (2) Solely, for purposes of any general law in effect on January 1, 2009, which distributes intangible tax revenues to the state based upon a proportion that the state millage rate and millage rates of local tax jurisdictions bear to the total millage rate levied for all purposes, the state millage rate shall equal one-fourth mill on each dollar of assessed value. (3) The prohibition of this subparagraph shall not affect state: (A) Assessment and collection of ad valorem taxes on public utilities, railroad companies, and airlines on behalf of local governments; or (B) Administrative functions with respect to local ad valorem taxation pursuant to any general law. (4) The state shall continue to assure that all taxation is uniform upon the same class of subjects across all taxing jurisdictions of this state." SECTION 2. Article VII, Section I of the Constitution is amended by revising Paragraph III and by adding new Paragraph to read as follows: "Paragraph III. Uniformity Applicability of uniformity; exceptions; classification of property; assessment of agricultural land; conservation use; timber; utilities. (a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (b), (c), (d), and (e) of this Paragraph and Paragraph IV of this section, all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. (b)(1) Except as otherwise provided in this subparagraph (b) Paragraph, classes of subjects for taxation of property shall consist of real property, other tangible property, and one or more classes of intangible personal property including money; provided, however, that any taxation of intangible personal property may be repealed by general law without approval in a referendum effective for all taxable years beginning on or after January 1, 1996. (2) Subject to the conditions and limitations specified by law, each of the following types of property may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such properties: (A) Trailers. (B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation. (C) Heavy-duty equipment motor vehicles owned by nonresidents and operated in this state. (3) Motor vehicles may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes. The General Assembly may provide by general law for the ad valorem taxation of motor vehicles including, but not limited to, providing for 2446 JOURNAL OF THE SENATE different rates, methods, assessment dates, and taxpayer liability for such class and for each of its subclasses and need not provide for uniformity of taxation with other classes of property or between or within its subclasses. The General Assembly may also determine what portion of any ad valorem tax on motor vehicles shall be retained by the state. As used in this subparagraph, the term 'motor vehicles' means all vehicles which are self-propelled. (c) Tangible Subject to the limitations of Paragraph IV of this section, tangible real property, but no more than 2,000 acres of any single property owner, which is devoted to bona fide agricultural purposes shall be assessed for ad valorem taxation purposes at 75 percent of the value which other tangible real property is assessed. No property shall be entitled to receive the preferential assessment provided for in this subparagraph if the property which would otherwise receive such assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock ownership, receiving the benefit of such preferential assessment as to more than 2,000 acres. No property shall be entitled to receive the preferential assessment provided for in this subparagraph unless the conditions set out below are met: (1) The property must be owned by: (A)(i) One or more natural or naturalized citizens; (ii) An estate of which the devisee or heirs are one or more natural or naturalized citizens; or (iii) A trust of which the beneficiaries are one or more natural or naturalized citizens; or (B) A family-owned farm corporation, the controlling interest of which is owned by individuals related to each other within the fourth degree of civil reckoning, or which is owned by an estate of which the devisee or heirs are one or more natural or naturalized citizens, or which is owned by a trust of which the beneficiaries are one or more natural or naturalized citizens, and such corporation derived 80 percent or more of its gross income from bona fide agricultural pursuits within this state within the year immediately preceding the year in which eligibility is sought. (2) The General Assembly shall provide by law: (A) For a definition of the term 'bona fide agricultural purposes,' but such term shall include timber production; (B) For additional minimum conditions of eligibility which such properties must meet in order to qualify for the preferential assessment provided for herein, including, but not limited to, the requirement that the owner be required to enter into a covenant with the appropriate taxing authorities to maintain the use of the properties in bona fide agricultural purposes for a period of not less than ten years and for appropriate penalties for the breach of any such covenant. (3) In addition to the specific conditions set forth in this subparagraph (c), the General Assembly may place further restrictions upon, but may not relax, the conditions of eligibility for the preferential assessment provided for herein. (d)(1) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall be authorized by general law to establish as a separate class of FRIDAY, MARCH 28, 2008 2447 property for ad valorem tax purposes any tangible real property which is listed in the National Register of Historic Places or in a state historic register authorized by general law. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the preservation of such historic properties and to assist in the revitalization of historic areas. (2) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property on which there have been releases of hazardous waste, constituents, or substances into the environment. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the cleanup, reuse, and redevelopment of such properties and to assist in the revitalization thereof by encouraging remedial action. (e) The Subject to the limitations of Paragraph IV of this section, 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; 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; (2) That standing timber shall be assessed only once, and such assessment shall be made following its harvest or sale and on the basis of its fair market value at the time of harvest or sale. Said assessment shall be two and one-half times the assessed percentage of value fixed by law for other real property taxed under the uniformity provisions of subparagraph (a) of this Paragraph but in no event greater than its fair market value; and for a method of temporary supplementation of the property tax digest of any county if the implementation of this method of taxing timber reduces the tax digest by more than 20 percent, such supplemental assessed value to be assigned to the properties otherwise benefiting from such method of taxing timber. (f) The Subject to the limitations of Paragraph IV of this section, the General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed 2448 JOURNAL OF THE SENATE percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c), (d), or (e) of this Paragraph. Paragraph IV. Limitations on assessed value increases for real property. (a)(1) Except as otherwise provided in this Paragraph, the assessed value of real property for all ad valorem tax purposes shall not be increased from the valuation established for 2008, or, upon its sale or transfer, shall not be increased from its fair market value established under subparagraph (a)(2) of this Paragraph. Additions or improvements to such real property placed in service after December 31, 2007, shall be appraised for ad valorem tax purposes at their fair market value and shall be added to the owners valuation amount under this subparagraph. (2) If such real property is sold or transferred to another person, such real property shall be appraised for ad valorem tax purposes at fair market value. (3) The valuation amount under this subparagraph for any individual parcel of real property may be increased during a taxable year from the preceding taxable years value by an amount not to exceed the most recent available annual percentage change in the price index for gross state and local government output as defined by the National Income and Product Accounts and determined by the United States Bureau of Economic Analysis. The percentage limitations of this provision shall not be construed to prohibit the mass appraisal of real property in a county. (b) As used in subparagraph (c) of this Paragraph, the term 'established property' means any individual parcel of real property which has not been subdivided or substantially improved, sold, or transferred during the previous 12 month period. (c) The valuations established under subparagraph (a) of this Paragraph may be further increased, but only under the following conditions: (1) Each county shall adopt by majority vote a uniform process for assessment of real property. Such process shall be utilized by the county and by each local taxing jurisdiction in such county. Such process shall conform to any guidelines set forth by general law and shall provide: (A) A maximum allowable percentage increase from assessed value of established property during any taxable year; and (B) That any individual parcel of real property sold or transferred to another person shall be assessed for ad valorem tax purposes at fair market value; and (2) Such procedure shall become effective only upon its adoption by an ordinance or resolution of the governing body of such local taxing jurisdiction and also by a local Act of the General Assembly conditioned upon approval by a majority vote of the qualified electors residing within the limits of the local taxing jurisdiction voting in a referendum thereon. (d) The General Assembly shall be authorized by general law to further define and implement the provisions of this Paragraph. (e) Any local or general law providing for base year assessed value homestead exemptions that freeze the assessment of property with respect to any or all ad valorem taxes enacted prior to January 1, 2009, shall be ratified expressly; provided, however, that such ratification shall not be interpreted to imply that such laws were invalid at the FRIDAY, MARCH 28, 2008 2449 time they became law. The provisions of this Paragraph shall not apply to any homesteads ad valorem taxes which are the subject of any such general or local law so long as the owner of such homestead on January 1, 2009, remains the owner of such property. Upon any sale or transfer of such homestead, no subsequent owner shall be entitled to apply for and receive such exemption or exemptions on such homestead. (f) This Paragraph shall not apply to real property in any county or consolidated government for which a local constitutional amendment has been continued in force and effect as part of this Constitution which freezes ad valorem property taxes with respect to such real property unless such local constitutional amendment is repealed. (g) This Paragraph shall not apply to real property in any county or any county school district for which a local constitutional amendment has been continued in force and effect as part of this Constitution which imposes millage rate limitations regarding ad valorem property taxes with respect to such real property unless such local constitutional amendment is repealed." SECTION 3. Article VIII, Section VI of the Constitution is amended by revising Paragraph II as follows: "Paragraph II. Increasing or removing decreasing tax rate. The mill limitation in effect on June 30, 1983, for any school system may be increased or removed by action of the respective boards of education or decreased but only after such action has been approved by a local Act of the General Assembly conditioned on approval by a majority of the qualified voters voting thereon in the particular school system to be affected in the manner provided by law." SECTION 4. 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 repeal state ad valorem property taxes, to freeze the assessed value of all real property, ( ) NO and to allow limited adjustments to real property values but also allow for future increases if approved by voters in a referendum?" 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, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by 2450 JOURNAL OF THE SENATE substitute, was agreed to. On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown Y Bulloch N Butler E Carter Chance Y Chapman Y Cowsert Y Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the adoption of the resolution, the yeas were 46, nays 7. HR 1246, having received the requisite two-thirds constitutional majority, was adopted by substitute. HB 1126. By Representative Horne of the 71st: A BILL to be entitled an Act to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, relating to downtown development authorities, so as to provide that one director of a downtown development authority may reside outside the county provided that such director own a business in the downtown development area; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Seabaugh of the 28th. The Senate Economic Development Committee offered the following amendment: FRIDAY, MARCH 28, 2008 2451 Amend HB 1126 by adding after the word "area" on line 14 on page 1 the following: and is a resident of the State of Georgia On the adoption of the amendment, there were no objections, and the committee amendment was adopted. Senator Pearson of the 51st offered the following amendment #1: Amend HB 1126 (LC 38 0558) by striking line 16 of page 1 and inserting in lieu thereof the following: within the downtown development area or reside in the State of Georgia, such director shall relinquish his or her seat on the On the adoption of the amendment, there were no objections, and the Pearson 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 N Butler E Carter Chance N Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Williams On the passage of the bill, the yeas were 49, nays 3. 2452 JOURNAL OF THE SENATE HB 1126, having received the requisite constitutional majority, was passed as amended. Senator Brown of the 26th was excused for business outside the Senate Chamber. HB 1243. By Representatives Lindsey of the 54th, Willard of the 49th and Wilkinson of the 52nd: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to sale of alcoholic beverages by public carriers and nonprofit organizations, so as to change certain provisions relating to the issuance of temporary permits for sale of alcoholic beverages by nonprofit organizations; to increase the number of days and number of permits that the commissioner may issue; to increase fees for temporary permits; to provide for nonprofit organizations to conduct auctions of wine donated by certain persons under certain circumstances; to provide for procedure; to define a term; to provide for an effective date; 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 E Brown Y Bulloch Y Butler E Carter Y Chance N Chapman N Cowsert Y Davenport N Douglas Y Fort N Goggans Y Golden N Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks N Hudgens N Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock N Schaefer N Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver E Tate N Thomas,D N Thomas,R Thompson,C Y Thompson,S Y Tolleson FRIDAY, MARCH 28, 2008 2453 Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins N Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Unterman Y Weber N Wiles Y Williams On the passage of the bill, the yeas were 39, nays 13. HB 1243, having received the requisite constitutional majority, was passed. Senator Harp of the 29th asked unanimous consent that HB 1243 be immediately transmitted to the House. There was no objection. HB 241. By Representatives Chambers of the 81st, Cooper of the 41st, Drenner of the 86th and Forster of the 3rd: 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 credit for previous training and experience; to provide for alternative means of obtaining the required education, training, and experience for licensure; to prohibit the use of certain titles unless a person is licensed; 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 E Brown Y Heath Y Henson Y Hill,Jack Y Schaefer Y Seabaugh Y Seay 2454 JOURNAL OF THE SENATE Y Bulloch Y Butler E Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas,D N Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 1. HB 241, having received the requisite constitutional majority, was passed. HB 649. By Representatives Smith of the 168th, Williams of the 178th, Lane of the 167th, Sims of the 169th, Shaw of the 176th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, 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 an audit; 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 Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Goggans of the 7th. FRIDAY, MARCH 28, 2008 2455 The Senate Agriculture and Consumer Affairs Committee offered the following substitute to HB 649: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodity commissions generally, so as to change certain provisions relating to established agricultural commodity commissions and ratification, contributions, and balloting relating thereto; to provide for an Agricultural Commodity Commission for Blueberries; to change certain provisions relating to agricultural commodity commission composition, appointments, terms of office, and compensation and certification of membership to Secretary of State, advisory boards, special committees, personnel, legal representation, eligibility of federation or organization members, acceptance of donations, voting, and termination; to provide for appointment of commodity commission members; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodity commissions generally, is amended by revising Code Section 28-13, relating to established agricultural commodity commissions and ratification, contributions, and balloting relating thereto, as follows: "2-8-13. (a)(1) Each of the following commissions heretofore established pursuant to the 'Georgia Agricultural Commodities Promotion Act,' (Ga. L. 1961, p. 301), as amended, effective from the date set forth below opposite its name, is ratified and confirmed as a public corporation and instrumentality of the State of Georgia from and since such date: (A) The Agricultural Commodity Commission for Milk established July 1, 1961; (B) The Agricultural Commodity Commission for Eggs established July 1, 1961; (C) The Agricultural Commodity Commission for Peanuts established August 1, 1961; (D) The Agricultural Commodity Commission for Sweet Potatoes established August 1, 1961; (E) The Agricultural Commodity Commission for Peaches established May 1, 2456 JOURNAL OF THE SENATE 1962; (F) The Agricultural Commodity Commission for Tobacco established July 1, 1962; (G) The Agricultural Commodity Commission for Apples established August 1, 1962; and (H) The Agricultural Commodity Commission for Cotton established August 1, 1965. (2) Each of the following entities that were formed de facto to act as commodity commissions upon presentation by the producers of the affected agricultural commodity of a list of nominees for appointment and on which ex officio members elected by the House Committee on Agriculture and Consumer Affairs and the Senate Agriculture and Consumer Affairs Committee served, is ratified and confirmed as a public corporation and instrumentality of the State of Georgia from and since such date: (A) The Agricultural Commodity Commission for Soybeans established September 1, 1971; (B) The Agricultural Commodity Commission for Canola established June 24, 1994; (C) The Agricultural Commodity Commission for Pecans established June 24, 1994; (D) The Agricultural Commodity Commission for Corn established March 24, 1995; and (E) The Agricultural Commodity Commission for Vegetables established June 19, 2006. (3) There shall be an Agricultural Commodity Commission for Blueberries established on the effective date of this paragraph. (b)(1) All actions taken by each of the commissions enumerated in paragraph (1) of subsection (a) of this Code section prior to July 1, 1969, pursuant to terms of Ga. L. 1961, p. 301, as amended, are ratified; and all funds received by each of the commissions after the effective date shown opposite its name and prior to July 1, 1969, are determined to have been voluntarily contributed pursuant to subsection (h) of Code Section 2-8-14 and to constitute trust funds of such commission as provided in Code Section 2-8-17. Each of such commissions shall, from and after July 1, 1969, be organized and constituted, have corporate existence, and possess powers and duties as stated in this article and shall be governed and controlled by this article; provided, however, that any contract obligation or other undertaking entered into or incurred by or in behalf of any such commission prior to July 1, 1969, shall be valid and binding if authorized by Ga. L. 1961, p. 301, as amended. (2) All actions taken by each of the commissions enumerated in paragraph (2) of subsection (a) of this Code section prior to May 11, 2007, pursuant to terms of Ga. L. 1969, p. 763, as amended, or this article are ratified; and all funds received by each of the commissions on or after the effective date shown opposite its name and prior to May 11, 2007, are determined to have been voluntarily contributed pursuant FRIDAY, MARCH 28, 2008 2457 to subsection (h) of Code Section 2-8-14 and to constitute trust funds of such commission as provided in Code Section 2-8-17. Each of such commissions shall, from and after May 11, 2007, be organized and constituted, have corporate existence, and possess powers and duties as stated in this article and shall be governed and controlled by this article; provided, however, that any contract obligation or other undertaking entered into or incurred by or in behalf of any such commission prior to May 11, 2007, shall be valid and binding if authorized by Ga. L. 1969, p. 763, as amended, or this article. (c)(1) Prior to April 30, 1971, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-23 to determine whether any existing commission listed in paragraph (1) of subsection (a) of this Code section shall continue to exist and operate under this article. (2) Prior to April 30, 2009, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-23 to determine whether any existing commission listed in paragraph (2) of subsection (a) of this Code section shall continue to exist and operate under this article. (3) Prior to April 30, 2010, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-23 to determine whether any existing commission listed in paragraph (3) of subsection (a) of this Code section shall continue to exist and operate under this article." SECTION 2. Said article is further amended by revising subsection (b) of Code Section 2-8-14, relating to agricultural commodity commission composition, appointments, terms of office, and compensation and certification of membership to Secretary of State, advisory boards, special committees, personnel, legal representation, eligibility of federation or organization members, acceptance of donations, voting, and termination, as follows: "(b) The initial two members elected by the agriculture committees of the General Assembly shall be elected to take office for a term beginning on July 1, 1980, and ending upon the election of their successors during the regular 1982 session of the General Assembly. Their successors shall be elected during the 1982 regular session of the General Assembly; and thereafter future successors Members elected by the agriculture committees of the General Assembly shall be elected during each regular session of the General Assembly convening in even-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 chairmen chairpersons of the Senate and House committees shall by agreement determine which committee will shall choose the member from the northern part and which committee will shall choose the member from the southern part. Such members shall serve from the date of 2458 JOURNAL OF THE SENATE their election until the election of their successors." 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, there were no objections, 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 E Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver E Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams On the passage of the bill, the yeas were 50, nays 0. FRIDAY, MARCH 28, 2008 2459 HB 649, having received the requisite constitutional majority, was passed by substitute. HB 673. By Representative Hembree of the 67th: A BILL to be entitled an Act to amend Code Section 33-7-11.1 of the Official Code of Georgia Annotated, relating to the commencement of liability of insurer to pay benefits to a third party on behalf of the insured, so as to provide for a third partys lienholder to be included on any settlement draft or payment; to provide for applicability; 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 Heath Y Schaefer Y Balfour Y Henson Y Seabaugh E Brown Y Hill,Jack Seay Y Bulloch Y Hill,Judson Y Shafer,D Y Butler Y Hooks Y Smith E Carter Y Hudgens Y Staton Y Chance Y Jackson Y Stoner Y Chapman Y Johnson Y Tarver Y Cowsert Y Jones E Tate Y Davenport Y Me V Bremen Y Thomas,D Y Douglas Y Moody Y Thomas,R Fort Y Mullis Thompson,C Y Goggans Y Murphy Y Thompson,S Y Golden Y Orrock Y Tolleson Y Grant Y Pearson Y Unterman Y Hamrick Y Powell Y Weber Y Harbison Y Ramsey Y Wiles Y Harp Y Reed Y Williams Y Hawkins Y Rogers On the passage of the bill, the yeas were 50, nays 0. 2460 JOURNAL OF THE SENATE HB 673, 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 insists on its position in substituting the following Resolution of the Senate: SR 845. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Wiles of the 37th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize county governments to propose for approval by the voters of their county a 1 percent sales and use tax to fund the construction of transportation projects; to limit the sales and use tax to a specified period; to provide for adding the proposition to the ballot; to provide for the authority of the General Assembly with respect to enacting by April 1 of the year following enactment a mechanism for expending the funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Senator Seay of the 34th was excused for business outside the Senate Chamber. The Calendar was resumed. HB 990. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009. Senate Sponsor: Senator Hill of the 4th. The Senate Appropriations Committee offered the following substitute to HB 990: FRIDAY, MARCH 28, 2008 2461 A BILL TO BE ENTITLED AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009; 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, 2008, and ending June 30, 2009, as prescribed hereinafter for such fiscal year: HB 990 Governor House SAC Revenue Sources Available for Appropriation TOTAL STATE FUNDS $21,180,140,103 $21,197,140,103 $21,180,140,103 State General Funds $19,094,687,167 $19,111,687,167 $19,094,687,167 State Motor Fuel Funds $1,042,158,859 $1,042,158,859 $1,042,158,859 Lottery Proceeds $882,255,743 $882,255,743 $882,255,743 Tobacco Settlement Funds $159,069,341 $159,069,341 $159,069,341 Brain and Spinal Injury Trust Fund $1,968,993 $1,968,993 $1,968,993 TOTAL FEDERAL FUNDS $11,493,657,515 $11,477,265,998 $11,505,188,126 CCDF Mandatory & Matching Funds CFDA93.596 $92,815,579 $92,815,579 $94,348,556 Child Care & Development Block Grant CFDA93.575 $78,434,934 $78,434,934 $79,864,643 Community Mental Health Services Block Grant CFDA93.958 $13,191,463 $13,191,463 $13,117,105 Community Services Block Grant CFDA93.569 $17,193,252 $17,193,252 $17,409,184 Federal Funds Not Itemized $3,144,949,359 $3,147,049,902 $3,235,864,836 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,242,517,438 $1,242,517,438 $1,242,517,438 Foster Care Title IV-E CFDA93.658 $87,240,470 $87,240,470 $87,240,470 Low-Income Home Energy Assistance CFDA93.568 $24,627,737 $24,627,737 $24,912,301 Maternal & Child Health Services Block Grant CFDA93.994 $20,172,177 $20,172,177 $20,986,057 Medical Assistance Program CFDA93.778 $5,988,164,710 $5,968,725,484 $5,849,379,599 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $60,510,483 $60,510,483 $63,290,669 2462 JOURNAL OF THE SENATE Preventive Health & Health Services Block Grant CFDA93.991 $6,289,202 Social Services Block Grant CFDA93.667 $55,015,615 State Children's Insurance Program CFDA93.767 $260,246,268 Temporary Assistance for Needy Families $368,024,967 Temporary Assistance for Needy Families Grant CFDA93.558 $368,024,967 TANF Transfers to Social Services Block Grant per 42 USC 604 TANF Transfers to Child Care Development Fund per 42 USC 604 TANF Unobligated Balance per 42 USC 604 $34,263,861 TOTAL AGENCY FUNDS $4,444,708,320 Contributions, Donations, and Forfeitures $17,576,143 TANF Maintenance-of-Effort from External Sources Contributions, Donations, and Forfeitures Not Itemized $17,576,143 Reserved Fund Balances $450,288,512 Reserved Fund Balances Not Itemized $450,288,512 Interest and Investment Income $1,972,867 Interest and Investment Income Not Itemized $1,972,867 Intergovernmental Transfers $1,984,238,169 Hospital Authorities $214,841,936 Intergovernmental Transfers Not Itemized $1,769,396,233 Rebates, Refunds, and Reimbursements $89,163,594 Rebates, Refunds, and Reimbursements Not Itemized $89,163,594 Royalties and Rents $6,952,170 Royalties and Rents Not Itemized $6,952,170 Sales and Services $1,893,804,907 Record Center Storage Fees $435,771 Sales and Services Not Itemized $1,893,369,136 Sanctions, Fines, and Penalties $711,958 Sanctions, Fines, and Penalties Not Itemized $711,958 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,294,524,299 State Funds Transfers $3,270,098,834 Accounting System Assessments $9,258,772 Administrative Hearing Payments per OCGA50-13-44 $608,684 Agency to Agency Contracts $11,505,368 $6,289,202 $55,015,615 $261,193,434 $368,024,967 $368,024,967 $34,263,861 $4,460,813,839 $19,169,500 $19,169,500 $450,288,512 $450,288,512 $1,972,867 $1,972,867 $1,990,554,067 $214,057,834 $1,776,496,233 $89,163,594 $89,163,594 $6,952,170 $6,952,170 $1,902,001,171 $435,771 $1,901,565,400 $711,958 $711,958 $3,267,647,960 $3,240,223,404 $9,258,772 $608,684 $11,505,368 $4,404,431 $55,015,615 $261,193,434 $368,024,967 $325,002,824 $25,800,000 $17,222,143 $87,618,821 $4,656,185,910 $48,207,967 $28,000,000 $20,207,967 $489,705,983 $489,705,983 $4,927,984 $4,927,984 $1,990,891,569 $214,057,834 $1,776,833,735 $95,163,774 $95,163,774 $5,160,081 $5,160,081 $2,020,838,955 $435,771 $2,020,403,184 $1,289,597 $1,289,597 $3,382,212,250 $3,224,855,552 $9,258,772 $608,684 $13,511,282 FRIDAY, MARCH 28, 2008 2463 Air Transportation Charges Health Insurance Payments Legal Services - Client Reimbursable per OCGA45-15-4 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 Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563 FF Foster Care Title IV-E CFDA93.658 FF Grant to Local Educational Agencies CFDA84.010 FF Highway Safety Improvement Grants CFDA20.603 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 FF State and Community Highway Safety CFDA20.600 FF Temporary Assistance for Needy Families CFDA93.558 FF Water Quality Management Planning CFDA66.454 Agency Funds Transfers TOTAL PUBLIC FUNDS $657,795 $657,795 $657,795 $2,743,764,564 $2,713,419,094 $2,696,711,178 $36,801,423 $36,801,423 $36,801,423 $49,247,014 $49,247,014 $49,247,014 $1,380,874 $1,380,874 $1,380,874 $12,407,696 $12,362,017 $12,282,148 $333,430 $333,430 $333,430 $295,125 $295,125 $295,125 $280,857,263 $280,857,263 $280,857,262 $20,688,835 $20,688,835 $20,688,835 $1,486,739 $1,486,739 $1,037,739 $41,079,598 $41,595,317 $41,458,337 $759,169 $759,169 $759,169 $8,060,300 $8,060,300 $8,060,300 $50,906,185 $50,906,185 $50,906,185 $24,425,465 $27,424,556 $156,090,374 $1,767,046 $1,767,046 $1,767,046 $703,693 $703,693 $703,693 $110,351 $14,372 $14,372 $27,219 $8,597,853 $8,597,853 $144,486,886 $4,211,699 $4,210,790 $4,274,377 $744,181 $744,181 $744,181 $7,560,000 $10,560,000 $3,150,000 $826,621 $826,621 $826,621 $1,266,324 $37,118,505,938 $37,135,219,940 $37,341,514,139 Changes in Fund Availability TOTAL STATE FUNDS State General Funds State Motor Fuel Funds Lottery Proceeds $967,545,546 $794,481,851 $122,731,659 $40,701,237 $984,545,546 $811,481,851 $122,731,659 $40,701,237 $967,545,546 $794,481,851 $122,731,659 $40,701,237 2464 JOURNAL OF THE SENATE Tobacco Settlement Funds $10,725,000 $10,725,000 $10,725,000 Brain and Spinal Injury Trust Fund ($1,094,201) ($1,094,201) ($1,094,201) TOTAL FEDERAL FUNDS $1,228,441,147 $1,209,049,630 $1,212,625,463 CCDF Mandatory & Matching Funds CFDA93.596 $1,532,977 Child Care & Development Block Grant CFDA93.575 $254,207 $254,207 $1,683,916 Community Mental Health Services Block Grant CFDA93.958 ($74,358) Community Services Block Grant CFDA93.569 $215,932 Federal Funds Not Itemized $685,293,957 $687,394,500 $776,209,434 Federal Highway Admin.-Planning & Construction CFDA20.205 ($67,915,371) ($67,915,371) ($67,915,371) Foster Care Title IV-E CFDA93.658 $34,145,814 $34,145,814 $34,145,814 Low-Income Home Energy Assistance CFDA93.568 $284,564 Maternal & Child Health Services Block Grant CFDA93.994 $813,880 Medical Assistance Program CFDA93.778 $605,748,341 $586,309,115 $466,963,230 Prevention & Treatment of Substance Abuse Grant CFDA93.959 ($153,011) ($153,011) $2,627,175 Preventive Health & Health Services Block Grant CFDA93.991 ($1,884,771) State Children's Insurance Program CFDA93.767 $9,767,210 $10,714,376 $10,714,376 Temporary Assistance for Needy Families $324,293 ($2,675,707) ($27,022,002) Temporary Assistance for Needy Families Grant CFDA93.558 $30,024,293 $27,024,293 ($40,344,145) TANF Transfers to Social Services Block Grant per 42 USC 604 $25,800,000 TANF Transfers to Child Care Development Fund per 42 USC 604($29,700,000) ($29,700,000) ($12,477,857) TANF Unobligated Balance per 42 USC 604 ($39,024,293) ($39,024,293) $14,330,667 TOTAL AGENCY FUNDS $363,040,990 $379,146,509 $574,518,580 Contributions, Donations, and Forfeitures ($37,655,564) ($36,062,207) ($7,023,740) TANF Maintenance-of-Effort from External Sources ($46,000,000) ($46,000,000) ($18,000,000) Contributions, Donations, and Forfeitures Not Itemized $8,344,436 $9,937,793 $10,976,260 Reserved Fund Balances $88,650,345 $88,650,345 $128,067,816 General Obligation Debt Reserve-State General Funds ($67,648,144) ($67,648,144) ($67,648,144) General Obligation Debt Reserve-State Motor Fuel Funds ($37,385,000) ($37,385,000) ($37,385,000) Reserved Fund Balances Not Itemized $193,683,489 $193,683,489 $233,100,960 Interest and Investment Income ($918,564) ($918,564) $2,036,553 Interest and Investment Income Not Itemized ($918,564) ($918,564) $2,036,553 Intergovernmental Transfers $57,786,429 $64,102,327 $64,439,829 Hospital Authorities ($18,366,690) ($19,150,792) ($19,150,792) FRIDAY, MARCH 28, 2008 2465 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 State Funds Transfers Agency to Agency Contracts Health Insurance Payments Liability Funds Mail and Courier Services Merit System Assessments Motor Vehicle Rental Payments Optional Medicaid Services Payments Property Insurance Funds Rental Payments Retirement Payments Unemployment Compensation Funds Workers Compensation Funds Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 FF Grant to Local Educational Agencies CFDA84.010 FF Highway Safety Improvement Grants CFDA20.603 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 FF Temporary Assistance for Needy Families CFDA93.558 Agency Funds Transfers TOTAL PUBLIC FUNDS Reconciliation of Fund Availability to Fund Application $76,153,119 $83,253,119 $83,590,621 $19,291,801 $19,291,801 $25,291,981 $19,291,801 $19,291,801 $25,291,981 $911,488 $911,488 ($880,601) $911,488 $911,488 ($880,601) $234,753,147 $242,949,411 $361,787,195 $234,753,147 $242,949,411 $361,787,195 $221,908 $221,908 $799,547 $221,908 $221,908 $799,547 $23,175,625 ($3,700,714) $110,863,576 $27,614,716 ($2,260,714) ($17,628,566) $4,295,636 $4,295,636 $6,301,550 $34,254,821 $3,909,351 ($12,798,565) ($2,557,465) ($2,557,465) ($2,557,465) ($268,827) ($268,827) ($268,827) $376,929 $331,250 $251,381 ($1,198,993) ($1,198,993) ($1,198,993) ($1) $10,656 $10,656 $10,656 $486,844 $486,844 $37,844 ($2,783,528) ($2,267,809) ($2,404,789) $13,806 $13,806 $13,806 ($5,015,163) ($5,015,163) ($5,015,163) ($4,439,091) ($1,440,000) $127,225,818 ($242,544) ($242,544) ($242,544) $110,351 $12,847 ($4,757,456) ($4,757,456) $131,131,577 $909 $63,587 $560,000 $3,560,000 ($3,850,000) $1,266,324 $2,582,203,308 $2,569,040,971 $2,865,553,165 2466 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS ($27,346,295) Temporary Assistance for Needy Families ($27,346,295) Temporary Assistance for Needy Families Grant CFDA93.558 ($27,346,295) ($24,346,295) ($24,346,295) ($24,346,295) Section 1: Georgia Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 Section Total - Final $11,128,626 $11,402,191 $11,128,626 $11,402,191 $11,128,626 $11,402,191 $10,942,603 $10,942,603 $10,942,603 $11,402,191 $11,402,191 $11,402,191 Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 1.1 Increase funds according to the request of the Georgia Senate. State General Funds 1.2 Reduce funds due to revenue estimate change. State General Funds 1.100 -Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $39,331 $39,331 $1,326,662 $1,326,662 $1,326,662 $39,331 ($33,167) $0 $0 Appropriation (HB 990) $1,332,826 $1,365,993 $1,365,993 $1,332,826 $1,365,993 $1,365,993 $1,332,826 $1,365,993 $1,365,993 Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 2.1 Increase funds according to the request of the Georgia Senate. Continuation Budget $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 FRIDAY, MARCH 28, 2008 2467 State General Funds 2.2 Reduce funds due to revenue estimate change. State General Funds 2.100 -Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $27,031 $27,031 $27,031 ($32,684) $0 $0 Appropriation (HB 990) $1,301,713 $1,334,397 $1,334,397 $1,301,713 $1,334,397 $1,334,397 $1,301,713 $1,334,397 $1,334,397 Senate Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 3.1 Increase funds according to the request of the Georgia Senate. $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 State General Funds $368,525 $368,525 $368,525 3.2 Reduce funds due to revenue estimate change. State General Funds 3.100 -Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS ($181,524) $0 $0 Appropriation (HB 990) $7,447,971 $7,629,495 $7,629,495 $7,447,971 $7,629,495 $7,629,495 $7,447,971 $7,629,495 $7,629,495 Senate Budget and Evaluation Office Continuation Budget The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 4.1 Increase funds according to the request of the Georgia Senate. $1,047,605 $1,047,605 $1,047,605 $1,047,605 $1,047,605 $1,047,605 $1,047,605 $1,047,605 $1,047,605 State General Funds $24,701 $24,701 $24,701 4.2 Reduce funds due to revenue estimate change. State General Funds 4.100 -Senate Budget and Evaluation Office ($26,190) $0 $0 Appropriation (HB 990) 2468 JOURNAL OF THE SENATE The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $1,046,116 $1,072,306 $1,072,306 State General Funds $1,046,116 $1,072,306 $1,072,306 TOTAL PUBLIC FUNDS $1,046,116 $1,072,306 $1,072,306 Section 2: Georgia House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 Section Total - Final $19,376,058 $19,850,950 $19,376,058 $19,850,950 $19,376,058 $19,850,950 $18,995,716 $18,995,716 $18,995,716 $19,850,950 $19,850,950 $19,850,950 House of Representatives Continuation Budget TOTAL STATE FUNDS $18,995,716 $18,995,716 State General Funds $18,995,716 $18,995,716 TOTAL PUBLIC FUNDS $18,995,716 $18,995,716 5.1 Increase funds according to the request of the Georgia House of Representatives. $18,995,716 $18,995,716 $18,995,716 State General Funds $855,234 $855,234 $855,234 5.2 Reduce funds due to revenue estimate change. State General Funds 5.100 -House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS ($474,892) $0 $0 Appropriation (HB 990) $19,376,058 $19,850,950 $19,850,950 $19,376,058 $19,850,950 $19,850,950 $19,376,058 $19,850,950 $19,850,950 Section 3: Georgia General Assembly Joint Offices TOTAL STATE FUNDS State General Funds Section Total - Continuation $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 FRIDAY, MARCH 28, 2008 2469 TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $9,925,594 $9,925,594 Section Total - Final $10,156,495 $10,404,449 $10,156,495 $10,404,449 $10,156,495 $10,404,449 $9,925,594 $10,604,449 $10,604,449 $10,604,449 Ancillary Activities Continuation Budget The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,234,402 State General Funds $4,234,402 TOTAL PUBLIC FUNDS $4,234,402 6.1 Increase funds according to the request of the Georgia General Assembly. $4,234,402 $4,234,402 $4,234,402 $4,234,402 $4,234,402 $4,234,402 State General Funds $418,959 $418,959 $418,959 6.2 Reduce funds due to revenue estimate change. State General Funds ($105,674) $0 $0 6.3 Increase funds for reapportionment. State General Funds $200,000 6.100 -Ancillary Activities Appropriation (HB 990) The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,547,687 $4,653,361 $4,853,361 State General Funds $4,547,687 $4,653,361 $4,853,361 TOTAL PUBLIC FUNDS $4,547,687 $4,653,361 $4,853,361 Legislative Fiscal Office Continuation Budget 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 $2,687,623 State General Funds $2,687,623 TOTAL PUBLIC FUNDS $2,687,623 7.1 Reduce funds according to the request of the Georgia General Assembly. $2,687,623 $2,687,623 $2,687,623 $2,687,623 $2,687,623 $2,687,623 State General Funds ($41,342) ($41,342) ($41,342) 2470 JOURNAL OF THE SENATE 7.2 Reduce funds due to revenue estimate change. State General Funds ($67,191) $0 $0 7.100 -Legislative Fiscal Office Appropriation (HB 990) 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 $2,579,090 $2,646,281 $2,646,281 State General Funds $2,579,090 $2,646,281 $2,646,281 TOTAL PUBLIC FUNDS $2,579,090 $2,646,281 $2,646,281 Office of Legislative Counsel Continuation Budget The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $3,003,569 State General Funds $3,003,569 TOTAL PUBLIC FUNDS $3,003,569 8.1 Increase funds according to the request of the Georgia General Assembly. $3,003,569 $3,003,569 $3,003,569 $3,003,569 $3,003,569 $3,003,569 State General Funds $101,238 $101,238 $101,238 8.2 Reduce funds due to revenue estimate change. State General Funds ($75,089) $0 $0 8.100 -Office of Legislative Counsel Appropriation (HB 990) The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $3,029,718 $3,104,807 $3,104,807 State General Funds $3,029,718 $3,104,807 $3,104,807 TOTAL PUBLIC FUNDS $3,029,718 $3,104,807 $3,104,807 Section 4: Audits and Accounts, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Section Total - Continuation $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 Section Total - Final $34,900,345 $35,910,159 $34,900,345 $35,910,159 $34,642,067 $34,642,067 $34,642,067 $35,165,561 $35,165,561 FRIDAY, MARCH 28, 2008 2471 TOTAL PUBLIC FUNDS $34,900,345 $35,910,159 $35,165,561 Audit and Assurance Services Continuation Budget The purpose of this appropriation is to provide financial, performance and information system audits and perform duties as specified in OCGA 50-6-10. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 9.1 Annualize the cost of the FY08 salary adjustment. $30,554,156 $30,554,156 $30,554,156 $30,554,156 $30,554,156 $30,554,156 $30,554,156 $30,554,156 $30,554,156 State General Funds $511,402 $511,402 $511,402 9.2 Increase funds for a 3% cost of living adjustment effective January 1, 2009. (H:Provide for a 2.5% cost of living adjustment)(S:Adjust performance increases and reflect a 2.5% COLA) State General Funds $600,400 $500,333 $428,857 9.3 Reduce funds from operations. State General Funds ($76,986) ($76,986) ($76,986) 9.4 Reduce funds due to revenue estimate change. State General Funds ($763,854) $0 $0 9.5 Transfer funds from the Office of Student Achievement to develop an auditing function for funding formulas and program inputs to include all education agencies. State General Funds $500,000 $0 9.6 Reduce funds for performance increases. State General Funds ($225,150) $0 9.7 Reduce funds received for five positions due to the Governor's veto of HB91 (2007 Session). State General Funds ($283,023) 9.8 Increase funds for performance auditors and for the production of a report. By December 31 of each year, for the immediately preceding fiscal year, the department shall produce a listing of all revenues received by each agency, the statutory basis for collection, the amount collected, expended, or reserved, and a reconciliation of the revenue balance. If the revenue source is a federal fund, the Catalog of Federal Domestic Assistance number shall be included. The list shall be itemized by program as they appear in the General Appropriations Act. State General Funds $283,023 2472 JOURNAL OF THE SENATE 9.9 Reduce funds for financial audits of regional libraries and transfer responsibility to the Board of Regents. State General Funds ($289,000) 9.10 Reduce funds for professional expertise contracts. State General Funds ($80,000) 9.11 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($39,295) 9.99 SAC: The purpose of this appropriation is to provide financial, performance, and information system audits. House: The purpose of this appropriation is to provide financial, performance, and information system audits and perform duties as specified in OCGA 50-6-10. Gov Rev: The purpose of this appropriation is to provide financial, performance and information system audits. State General Funds $0 $0 $0 9.100 -Audit and Assurance Services Appropriation (HB 990) The purpose of this appropriation is to provide financial, performance, and information system audits. TOTAL STATE FUNDS $30,825,118 $31,763,755 $31,009,134 State General Funds $30,825,118 $31,763,755 $31,009,134 TOTAL PUBLIC FUNDS $30,825,118 $31,763,755 $31,009,134 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 10.1 Annualize the cost of the FY08 salary adjustment. $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 State General Funds $20,531 $20,531 $20,531 10.2 Increase funds for a 3% cost of living adjustment effective January 1, 2009. (H:Provide for a 2.5% cost of living adjustment)(S:Adjust performance increases and reflect a 2.5% COLA) State General Funds $21,972 $18,310 $15,694 10.3 Reduce funds from operations. State General Funds ($2,157) ($2,157) ($2,157) 10.4 Reduce funds due to revenue estimate change. FRIDAY, MARCH 28, 2008 2473 State General Funds ($42,438) $0 $0 10.5 Reduce funds for performance increases. State General Funds ($8,239) $0 10.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,797) 10.100 -Departmental Administration Appropriation (HB 990) The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,695,436 $1,725,973 $1,729,799 State General Funds $1,695,436 $1,725,973 $1,729,799 TOTAL PUBLIC FUNDS $1,695,436 $1,725,973 $1,729,799 Legislative Services Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 11.1 Annualize the cost of the FY08 salary adjustment. $121,985 $121,985 $121,985 $121,985 $121,985 $121,985 $121,985 $121,985 $121,985 State General Funds $2,390 $2,390 $2,390 11.2 Increase funds for a 3% cost of living adjustment effective January 1, 2009. (H:Provide for a 2.5% cost of living adjustment)(S:Adjust performance increases and reflect a 2.5% COLA) State General Funds $2,534 $2,112 $1,810 11.3 Reduce funds from operations. State General Funds ($1,492) ($1,492) ($1,492) 11.4 Reduce funds due to revenue estimate change. State General Funds ($3,050) $0 $0 11.5 Reduce funds for performance increases. State General Funds ($950) $0 11.100 -Legislative Services Appropriation (HB 990) The purpose of this appropriation is to provide information on retirement system services, promulgation of statewide policies and 2474 JOURNAL OF THE SENATE procedures and provide fiscal note services. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $122,367 $122,367 $122,367 $124,045 $124,045 $124,045 $124,693 $124,693 $124,693 Statewide Equalized Adjusted Property Tax Digest Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 12.1 Annualize the cost of the FY08 salary adjustment. $2,268,398 $2,268,398 $2,268,398 $2,268,398 $2,268,398 $2,268,398 $2,268,398 $2,268,398 $2,268,398 State General Funds $27,928 $27,928 $27,928 12.2 Increase funds for a 3% cost of living adjustment effective January 1, 2009. (H:Provide for a 2.5% cost of living adjustment)(S:Adjust performance increases and reflect a 2.5% COLA) State General Funds $32,765 $27,304 $23,404 12.3 Reduce funds from operations. State General Funds ($14,957) ($14,957) ($14,957) 12.4 Reduce funds due to revenue estimate change. State General Funds ($56,710) $0 $0 12.5 Reduce funds for performance increases. State General Funds ($12,287) $0 12.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($2,838) 12.100 -Statewide Equalized Adjusted Property Tax Digest Appropriation (HB 990) 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. TOTAL STATE FUNDS $2,257,424 $2,296,386 $2,301,935 State General Funds $2,257,424 $2,296,386 $2,301,935 TOTAL PUBLIC FUNDS $2,257,424 $2,296,386 $2,301,935 FRIDAY, MARCH 28, 2008 2475 Section 5: Appeals, Court of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $13,808,111 $13,808,111 $13,808,111 $13,808,111 $150,000 $150,000 $150,000 $150,000 $13,958,111 $13,958,111 Section Total - Final $15,094,479 $14,955,462 $15,094,479 $14,955,462 $150,000 $150,000 $150,000 $150,000 $15,244,479 $15,105,462 $13,808,111 $13,808,111 $150,000 $150,000 $13,958,111 $14,594,435 $14,594,435 $150,000 $150,000 $14,744,435 Court of Appeals Continuation Budget The purpose of this appropriation is for 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 13.1 Annualize the cost of the FY08 salary adjustment. $13,808,111 $13,808,111 $150,000 $150,000 $150,000 $13,958,111 $13,808,111 $13,808,111 $150,000 $150,000 $150,000 $13,958,111 $13,808,111 $13,808,111 $150,000 $150,000 $150,000 $13,958,111 State General Funds $212,303 $212,303 $159,571 13.2 Increase funds for a 3.5% cost of living adjustment effective January 1, 2009. (H and S:Provide for a 2.5% cost of living adjustment) State General Funds $222,811 $159,151 $159,151 13.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $124,574 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($63,078) 2476 JOURNAL OF THE SENATE 13.4 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($13,386) ($13,386) ($13,386) 13.5 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $48,698 $32,117 $0 13.6 Increase funds for operations. State General Funds $234,068 $234,068 $234,068 13.7 Increase funds to hire a public information officer to conduct research, analysis, and public contact work. State General Funds $145,518 $0 $0 13.8 Reduce funds received for one-time expenses associated with an off-site storage location for the disaster recovery plan. State General Funds ($30,000) ($30,000) ($30,000) 13.9 Increase funds for a salary scale adjustment for staff attorneys including longevity steps and two additional steps to help recruit and maintain top attorneys. State General Funds $213,100 $213,100 $0 13.10 Increase funds to hire a security officer. (H and S:Utilize the Capitol Police) State General Funds $70,073 $0 $0 13.11 Increase funds to hire a receptionist to provide information to the public, as well as provide additional security for judges. State General Funds $76,627 $0 $0 13.12 Increase funds for real estate costs due to additional space acquired and an increase in square footage costs. Sites: Health Building, Judicial Building State General Funds $258,530 $258,530 $258,530 13.13 Increase funds to replace the court's docket system to provide simultaneous access through electronic case files. State General Funds $147,900 $147,900 $147,900 13.14 Increase funds for the e-file initiative to allow court documents to be filed electronically. State General Funds $45,329 $45,329 $45,329 13.15 Reduce funds due to revenue estimate change. State General Funds ($345,203) $0 $0 FRIDAY, MARCH 28, 2008 2477 13.16 Reduce one-time funds received for the renovation of the third floor of the Judicial Building. State General Funds ($111,761) ($111,761) 13.100 -Court of Appeals Appropriation (HB 990) The purpose of this appropriation is for 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 $15,094,479 $14,955,462 $14,594,435 State General Funds $15,094,479 $14,955,462 $14,594,435 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 $15,244,479 $15,105,462 $14,744,435 Section 6: Judicial Council TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $16,198,503 $16,198,503 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 $16,198,503 $16,198,503 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 $16,198,503 $16,198,503 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $17,838,597 $16,288,975 $17,838,597 $16,288,975 $2,492,903 $2,492,903 $424,390 $424,390 $17,838,597 $19,206,268 $16,724,263 $16,724,263 $2,492,903 $2,492,903 $615,890 $615,890 $19,833,056 2478 JOURNAL OF THE SENATE Georgia Office of Dispute Resolution Continuation Budget The purpose of this appropriation is to oversee the development of court-connected alternative dispute resolution programs in Georgia. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 14.1 Annualize the cost of the FY08 salary adjustment. $144,643 $144,643 $185,679 $185,679 $185,679 $330,322 $144,643 $144,643 $185,679 $185,679 $185,679 $330,322 $144,643 $144,643 $185,679 $185,679 $185,679 $330,322 State General Funds $3,912 $3,912 $3,912 14.2 Increase funds for a 3.5% cost of living adjustment effective January 1, 2009. (H and S:Provide for a 2.5% cost of living adjustment) State General Funds $4,364 $3,117 $3,117 14.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,800 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,418) 14.4 Increase funds to restore the reduction taken in HB95 (FY08). State General Funds $250,000 $0 $100,000 14.5 Reduce funds recognized in HB95 (FY08). Sales and Services Not Itemized ($185,679) ($185,679) ($185,679) 14.6 Reduce funds due to revenue estimate change. State General Funds ($3,616) $0 ($3,616) 14.98 Increase funds to reflect projected revenue receipts. Sales and Services Not Itemized $172,890 $172,890 14.100 -Georgia Office of Dispute Resolution Appropriation (HB 990) The purpose of this appropriation is to oversee the development of court-connected alternative dispute resolution programs in Georgia. TOTAL STATE FUNDS $399,303 $151,672 $246,638 FRIDAY, MARCH 28, 2008 2479 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $399,303 $399,303 $151,672 $172,890 $172,890 $172,890 $324,562 $246,638 $172,890 $172,890 $172,890 $419,528 Institute of Continuing Judicial Education Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 15.1 Annualize the cost of the FY08 salary adjustment. $1,109,297 $1,109,297 $202,530 $202,530 $202,530 $1,311,827 $1,109,297 $1,109,297 $202,530 $202,530 $202,530 $1,311,827 $1,109,297 $1,109,297 $202,530 $202,530 $202,530 $1,311,827 State General Funds $18,311 $18,311 $18,311 15.2 Increase funds for a 3.5% cost of living adjustment effective January 1, 2009. (H and S:Provide for a 2.5% cost of living adjustment) State General Funds $8,547 $6,105 $6,105 15.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $5,484 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,777) 15.4 Increase funds for the training of five new judges. State General Funds $17,500 $17,500 $17,500 15.5 Increase funds to conduct a court administrators professional certification program. State General Funds $77,296 $77,296 $77,296 15.6 Increase funds for magistrate court judicial educational products and services. State General Funds $100,000 $100,000 $50,000 15.7 Reduce funds recognized in HB95 (FY08). 2480 JOURNAL OF THE SENATE Sales and Services Not Itemized ($202,530) ($202,530) ($202,530) 15.8 Reduce funds due to revenue estimate change. State General Funds ($27,732) $0 ($27,732) 15.98 Increase funds to reflect projected revenue receipts. Sales and Services Not Itemized $177,500 $177,500 15.100 -Institute of Continuing Judicial Education Appropriation (HB 990) 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 $1,303,219 $1,328,509 $1,248,000 State General Funds $1,303,219 $1,328,509 $1,248,000 TOTAL AGENCY FUNDS $177,500 $177,500 Sales and Services $177,500 $177,500 Sales and Services Not Itemized $177,500 $177,500 TOTAL PUBLIC FUNDS $1,303,219 $1,506,009 $1,425,500 Judicial Council Continuation Budget The purpose of this appropriation is to assist judges, administrators, clerks of court and other officers and employees of the court pertaining to matters relating to court administration, provided that $2,150,000 is designated for Drug and DUI Courts. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 16.1 Annualize the cost of the FY08 salary adjustment. $13,841,964 $13,841,964 $2,227,953 $1,553,371 $521,571 $153,011 $233,385 $233,385 $233,385 $16,303,302 $13,841,964 $13,841,964 $2,227,953 $1,553,371 $521,571 $153,011 $233,385 $233,385 $233,385 $16,303,302 $13,841,964 $13,841,964 $2,227,953 $1,553,371 $521,571 $153,011 $233,385 $233,385 $233,385 $16,303,302 State General Funds $92,675 $92,675 $92,675 16.2 Increase funds for a 3.5% cost of living adjustment effective January 1, 2009. (H and S:Provide for a 2.5% cost of living adjustment) FRIDAY, MARCH 28, 2008 2481 State General Funds $103,360 $73,828 $73,828 16.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $66,319 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($33,581) 16.4 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($8,174) ($8,174) ($8,174) 16.5 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $29,018 $19,138 $0 16.6 Reduce funds recognized in HB95 (FY08). Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Prevention & Treatment of Substance Abuse Grant CFDA93.959 Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($1,553,371) ($521,571) ($153,011) ($233,385) ($2,461,338) ($1,553,371) ($521,571) ($153,011) ($233,385) ($2,461,338) ($1,553,371) ($521,571) ($153,011) ($233,385) ($2,461,338) 16.7 Reduce one-time funds received for changes to the child support calculator. State General Funds ($200,000) ($200,000) ($200,000) 16.8 Increase funds for the 2009 National Mock Trial Competition. [One-Time Change] State General Funds $10,000 $10,000 $0 16.9 Increase funds for two juvenile court law assistants for two judicial circuits to improve Title IV-E reimbursements. State General Funds $115,236 $115,236 $0 16.10 Increase funds to hold mental health court summits for information dissemination to improve responses to individuals with mental illness who come into contact with the criminal justice system. [One-Time Change] State General Funds $25,350 $0 $0 16.11 Increase funds for the Appalachian Judicial Circuit Family Law Information Center (FLIC) pilot project to provide legal assistance to pro-se litigants in regard to all family law related matters. Sites: Fannin County, Gilmer County, Pickens County 2482 JOURNAL OF THE SENATE State General Funds $124,276 $0 $0 16.12 Increase funds for the Supreme Court Commission on Children, Marriage, and Family Law for a part-time staff director to provide permanent and dedicated support and for an annual summit to spotlight recent advances in the field of Healthy Marriages, Healthy Families, and Healthy Communities. State General Funds $104,718 $0 $104,718 16.13 Increase funds for the Board of Court Reporting to convert the part-time compliance coordinator to full-time. State General Funds $28,232 $28,232 $28,232 16.14 Increase funds for the Commission on Interpreters for a quality assessment and evaluation coordinator. State General Funds $49,316 $49,316 $0 16.15 Increase funds to implement three new drug courts, to train eight drug court teams through the Drug Court Planning Initiative (DCPI), and to conduct a statewide evaluation of adult felony drug courts. State General Funds $395,632 $395,632 $0 16.16 Increase funds to implement two new Driving Under the Influence (DUI) courts. State General Funds $199,656 $199,656 $0 16.17 Increase funds for the magistrate benchbook and newsletter for the Council of Magistrate Court Judges. (H and S:Fund the magistrate benchbook) State General Funds $17,500 $15,000 $15,000 16.18 Increase funds for one law clerk for the Council of State Court Judges to assist with legal research, case law, and other judicial matters. State General Funds $66,500 $0 $0 16.19 Increase funds for the Georgia Courts Automation Commission (GCAC) for statewide standards and data sharing. State General Funds $300,923 $0 $300,923 16.20 Reduce funds due to revenue estimate change. State General Funds ($346,050) $0 $0 16.21 Transfer all funds associated with GCAC to the Council of Superior Court Clerks for the continuation of the Judicial Data Exchange (JDX) project. State General Funds ($666,327) $0 16.22 Reduce one-time funds received for the guardianship video for Probate Courts. State General Funds ($65,000) ($65,000) FRIDAY, MARCH 28, 2008 2483 16.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $2,492,903 $2,492,903 Sales and Services Not Itemized $74,000 $265,500 TOTAL PUBLIC FUNDS $2,566,903 $2,758,403 16.100 -Judicial Council Appropriation (HB 990) The purpose of this appropriation is to assist judges, administrators, clerks of court and other officers and employees of the court pertaining to matters relating to court administration, provided that $2,150,000 is designated for Drug and DUI Courts. TOTAL STATE FUNDS $14,950,132 $13,901,176 $14,150,585 State General Funds $14,950,132 $13,901,176 $14,150,585 TOTAL FEDERAL FUNDS $2,492,903 $2,492,903 Federal Funds Not Itemized $2,492,903 $2,492,903 TOTAL AGENCY FUNDS $74,000 $265,500 Sales and Services $74,000 $265,500 Sales and Services Not Itemized $74,000 $265,500 TOTAL PUBLIC FUNDS $14,950,132 $16,468,079 $16,908,988 Judicial Qualifications Commission Continuation Budget The purpose of this appropriation is to discipline, remove, and cause involuntary retirement of judges. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 17.1 Annualize the cost of the FY08 salary adjustment. $302,599 $302,599 $302,599 $302,599 $302,599 $302,599 $302,599 $302,599 $302,599 State General Funds $2,793 $2,793 $2,793 17.2 Increase funds for a 3.5% cost of living adjustment effective January 1, 2009. (H and S:Provide for a 2.5% cost of living adjustment) State General Funds $3,116 $2,226 $2,226 17.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,000 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,013) 17.4 Reduce funds due to revenue estimate change. 2484 JOURNAL OF THE SENATE State General Funds ($7,565) $0 ($7,565) 17.100 -Judicial Qualifications Commission Appropriation (HB 990) The purpose of this appropriation is to discipline, remove, and cause involuntary retirement of judges. TOTAL STATE FUNDS $300,943 $307,618 $299,040 State General Funds $300,943 $307,618 $299,040 TOTAL PUBLIC FUNDS $300,943 $307,618 $299,040 Resource Center Continuation Budget The purpose of this appropriation is to provide representation to all death penalty sentenced inmates in habeas proceedings. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 18.1 Increase funds for litigation costs and an additional attorney. $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 State General Funds $105,000 $0 $0 18.2 Reduce funds due to revenue estimate change. State General Funds ($20,000) $0 ($20,000) 18.3 Reduce funds due to the increased availability of Interest on Lawyer Trust Account (IOLTA) funds. State General Funds ($200,000) $0 18.100 -Resource Center Appropriation (HB 990) The purpose of this appropriation is to provide representation to all death penalty sentenced inmates in habeas proceedings. TOTAL STATE FUNDS $885,000 $600,000 $780,000 State General Funds $885,000 $600,000 $780,000 TOTAL PUBLIC FUNDS $885,000 $600,000 $780,000 Section 7: Juvenile Courts TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $6,703,551 $6,703,551 $6,703,551 $6,703,551 $447,456 $447,456 $447,456 $447,456 $7,151,007 $7,151,007 Section Total - Final $6,703,551 $6,703,551 $447,456 $447,456 $7,151,007 FRIDAY, MARCH 28, 2008 2485 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $6,573,663 $6,573,663 $6,573,663 $6,740,462 $6,740,462 $447,456 $447,456 $7,187,918 $6,670,396 $6,670,396 $447,456 $447,456 $7,117,852 Council of Juvenile Court Judges Continuation Budget The purpose of this appropriation is for the Council of Juvenile Court Judges to represent all the juvenile judges in Georgia. Jurisdiction in cases involving children includes delinquencies, status offenses, and deprivation. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 19.1 Annualize the cost of the FY08 salary adjustment. $1,701,125 $1,701,125 $447,456 $447,456 $2,148,581 $1,701,125 $1,701,125 $447,456 $447,456 $2,148,581 $1,701,125 $1,701,125 $447,456 $447,456 $2,148,581 State General Funds $17,837 $17,837 $17,837 19.2 Increase funds for a 3.5% cost of living adjustment effective January 1, 2009. (H and S:Provide for a 2.5% cost of living adjustment) State General Funds $19,864 $14,189 $14,189 19.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $12,419 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($6,288) 19.4 Reduce funds recognized in HB95 (FY08). Federal Funds Not Itemized ($447,456) $0 $0 19.5 Reduce funds due to revenue estimate change. State General Funds ($42,528) $0 ($42,528) 19.100 -Council of Juvenile Court Judges Appropriation (HB 990) The purpose of this appropriation is for the Council of Juvenile Court Judges to represent all the juvenile judges in Georgia. Jurisdiction in cases involving children includes delinquencies, status offenses, and deprivation. TOTAL STATE FUNDS $1,696,298 $1,733,151 $1,684,335 2486 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,696,298 $1,696,298 $1,733,151 $447,456 $447,456 $2,180,607 $1,684,335 $447,456 $447,456 $2,131,791 Grants to Counties for Juvenile Court Judges Continuation Budget The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 20.1 Reduce funds due to revenue estimate change. $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 State General Funds ($125,061) $0 $0 20.2 Reduce funds received for SB223 (2007 Session) due to the failure of the passage of the bill. State General Funds ($16,365) ($16,365) 20.3 Increase funds for juvenile judges associated with the creation of new judgeships for the Atlanta Judicial Circuit effective July 1, 2008 and the Alcovy and Brunswick Judicial Circuits effective January 1, 2009 per HB1163 (2008 Session). State General Funds $21,250 $0 20.100 -Grants to Counties for Juvenile Court Judges Appropriation (HB 990) The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries. TOTAL STATE FUNDS $4,877,365 $5,007,311 $4,986,061 State General Funds $4,877,365 $5,007,311 $4,986,061 TOTAL PUBLIC FUNDS $4,877,365 $5,007,311 $4,986,061 Section 8: Prosecuting Attorneys TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS Section Total - Continuation $57,401,675 $57,401,675 $57,401,675 $57,401,675 $1,767,046 $1,767,046 $1,767,046 $1,767,046 $59,168,721 $59,168,721 Section Total - Final $58,714,110 $59,769,094 $57,401,675 $57,401,675 $1,767,046 $1,767,046 $59,168,721 $59,001,570 FRIDAY, MARCH 28, 2008 2487 State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS $58,714,110 $1,767,046 $1,767,046 $60,481,156 $59,769,094 $1,767,046 $1,767,046 $61,536,140 $59,001,570 $1,767,046 $1,767,046 $60,768,616 District Attorneys Continuation Budget The purpose of this appropriation is for the District Attorney to represent 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 State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563 TOTAL PUBLIC FUNDS 21.1 Annualize the cost of the FY08 salary adjustment. $51,194,203 $51,194,203 $1,767,046 $1,767,046 $1,767,046 $52,961,249 $51,194,203 $51,194,203 $1,767,046 $1,767,046 $1,767,046 $52,961,249 $51,194,203 $51,194,203 $1,767,046 $1,767,046 $1,767,046 $52,961,249 State General Funds $679,722 $679,722 $679,722 21.2 Increase funds for a 3.5% cost of living adjustment effective January 1, 2009. (H and S:Provide for a 2.5% cost of living adjustment) State General Funds $893,000 $637,857 $637,857 21.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $576,099 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($291,708) 21.4 Increase funds to cover an adjustment in the mileage reimbursement rate from $.28 per mile to $.485 per mile. State General Funds $103,672 $103,672 $103,672 21.5 Increase funds to adjust salaries and the salary plans for District Attorney investigators effective July 1, 2008. State General Funds $100,000 $0 $0 21.6 Reduce funds due to revenue estimate change. State General Funds ($1,279,855) $0 $0 21.7 Increase funds for three Assistant District Attorneys associated with the creation of the additional judgeships for the Atlanta Judicial Circuit effective July 1, 2008 and the Alcovy and Brunswick Judicial Circuits effective January 1, 2009 per HB1163 2488 JOURNAL OF THE SENATE (2008 Session). State General Funds $171,587 $0 21.100 -District Attorneys Appropriation (HB 990) The purpose of this appropriation is for the District Attorney to represent 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 $51,690,742 $52,787,041 $52,323,746 State General Funds $51,690,742 $52,787,041 $52,323,746 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,767,046 $1,767,046 $1,767,046 Federal Funds Transfers $1,767,046 $1,767,046 $1,767,046 FF Child Support Enforcement Title IV-D CFDA93.563 $1,767,046 $1,767,046 $1,767,046 TOTAL PUBLIC FUNDS $53,457,788 $54,554,087 $54,090,792 Prosecuting Attorney's Council Continuation Budget The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 22.1 Annualize the cost of the FY08 salary adjustment. $6,207,472 $6,207,472 $6,207,472 $6,207,472 $6,207,472 $6,207,472 $6,207,472 $6,207,472 $6,207,472 State General Funds $58,302 $58,302 $58,302 22.2 Increase funds for a 3.5% cost of living adjustment effective January 1, 2009. (H and S:Provide for a 2.5% cost of living adjustment) State General Funds $73,790 $52,707 $52,707 22.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $47,604 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($24,104) 22.4 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $697 $697 $697 22.5 Increase funds for the continued development and deployment of a statewide case management system. [One-Time Change] State General Funds $252,719 $252,719 $252,719 22.6 Increase funds for an additional accounts receivable position. FRIDAY, MARCH 28, 2008 2489 State General Funds $54,316 $54,316 $54,316 22.7 Increase funds for a payroll clerk. State General Funds $56,361 $49,200 $49,200 22.8 Increase funds for real estate rental rate adjustments at the main office in Atlanta and regional offices in Albany, Macon, and Pooler. State General Funds $16,036 $16,036 $16,036 22.9 Increase funds for a software contract to purchase a web-based application that provides fast access to reliable information about people and businesses that will provide District Attorney (DA) offices with the ability to locate people. State General Funds $18,000 $0 $0 22.10 Increase funds for the FY08 adjustments in Workers' Compensation premiums, liability insurance, and unemployment insurance. State General Funds $46,737 $46,737 $46,737 22.11 Increase funds to replace computer equipment in DA offices. [One-Time Change] State General Funds $280,125 $280,125 $0 22.12 Increase funds to purchase "Daniel's Criminal Trial Practice" and "Milich on Evidence" reference books for DA offices. [One-Time Change] State General Funds $114,000 $0 $0 22.13 Reduce funds due to revenue estimate change. State General Funds ($155,187) $0 $0 22.14 Reduce funds from a contracted payroll clerk position. State General Funds ($36,258) ($36,258) 22.100 -Prosecuting Attorney's Council Appropriation (HB 990) The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $7,023,368 $6,982,053 $6,677,824 State General Funds $7,023,368 $6,982,053 $6,677,824 TOTAL PUBLIC FUNDS $7,023,368 $6,982,053 $6,677,824 Section 9: Superior Courts TOTAL STATE FUNDS Section Total - Continuation $60,845,688 $60,845,688 $60,845,688 2490 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $60,845,688 $60,845,688 $60,845,688 $60,845,688 Section Total - Final $63,550,900 $65,765,360 $63,550,900 $65,765,360 $63,550,900 $65,765,360 $60,845,688 $60,845,688 $62,034,147 $62,034,147 $62,034,147 Council of Superior Court Clerks Continuation Budget The purpose of this appropriation is 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 $258,000 $258,000 State General Funds $258,000 $258,000 TOTAL PUBLIC FUNDS $258,000 $258,000 25.1 Increase funds for the continuation of the Judicial Data Exchange (JDX) project. $258,000 $258,000 $258,000 State General Funds $1,311,595 $1,176,345 $0 25.2 Reduce funds due to revenue estimate change. State General Funds ($6,450) $0 ($6,450) 25.3 Transfer funds from the Georgia Courts Automation Commission (GCAC) program, within the Judicial Council, for the continuation of the Judicial Data Exchange (JDX) project. State General Funds $666,327 $0 25.100 -Council of Superior Court Clerks Appropriation (HB 990) The purpose of this appropriation is 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 $1,563,145 $2,100,672 $251,550 State General Funds $1,563,145 $2,100,672 $251,550 TOTAL PUBLIC FUNDS $1,563,145 $2,100,672 $251,550 Council of Superior Court Judges Continuation Budget The purpose of this appropriation is for 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 State General Funds $1,079,165 $1,079,165 $1,079,165 $1,079,165 $1,079,165 $1,079,165 FRIDAY, MARCH 28, 2008 2491 TOTAL PUBLIC FUNDS 26.1 Annualize the cost of the FY08 salary adjustment. $1,079,165 $1,079,165 $1,079,165 State General Funds $13,165 $13,165 $13,165 26.2 Increase funds for a 3.5% cost of living adjustment effective January 1, 2009. (H and S:Provide for a 2.5% cost of living adjustment) State General Funds $22,685 $16,204 $16,204 26.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $11,385 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($5,765) 26.4 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $39,777 $39,777 $39,777 26.5 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $10,151 $6,695 $0 26.6 Transfer funds from the Superior Court Judges program for five contract employees and convert to permanent positions. State General Funds $352,226 $352,226 $352,226 26.7 Increase funds for a paralegal. State General Funds $37,363 $37,363 $37,363 26.8 Increase funds for a permanent increase in temporary labor. State General Funds $15,000 $0 $0 26.9 Reduce funds received as one-time costs for temporary labor. State General Funds ($27,200) ($27,200) ($27,200) 26.10 Eliminate the Sentence Review Panel as mandated by HB197 (2007 Session). State General Funds ($54,208) ($54,208) ($54,208) 26.11 Increase funds for real estate rate adjustments and costs associated with the move to new office space. State General Funds $28,626 $28,626 $20,000 26.12 Increase funds to provide future step increases and allow more flexibility in new hire salaries. 2492 JOURNAL OF THE SENATE State General Funds $50,725 $38,725 $0 26.13 Increase funds to annualize the costs associated with the step increases given to council staff effective July 1, 2007. State General Funds $39,453 $39,453 $0 26.14 Reduce funds due to revenue estimate change. State General Funds ($26,979) $0 ($26,979) 26.100 -Council of Superior Court Judges Appropriation (HB 990) The purpose of this appropriation is for 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 $1,579,949 $1,569,991 $1,443,748 State General Funds $1,579,949 $1,569,991 $1,443,748 TOTAL PUBLIC FUNDS $1,579,949 $1,569,991 $1,443,748 Judicial Administrative Districts Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 27.1 Annualize the cost of the FY08 salary adjustment. $2,378,508 $2,378,508 $2,378,508 $2,378,508 $2,378,508 $2,378,508 $2,378,508 $2,378,508 $2,378,508 State General Funds $28,047 $28,047 $28,047 27.2 Increase funds for a 3.5% cost of living adjustment effective January 1, 2009. (H and S:Provide for a 2.5% cost of living adjustment) State General Funds $34,104 $24,360 $24,360 27.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $17,115 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($8,666) 27.4 Increase funds to cover an increase in real estate rental rates at three district offices. State General Funds $11,059 $11,059 $11,059 27.5 Increase funds for courthouse security training. [One-Time Change] FRIDAY, MARCH 28, 2008 2493 State General Funds $25,000 $0 $0 27.6 Reduce funds received for one-time costs associated with security training for judges and staff. State General Funds ($25,000) ($25,000) ($25,000) 27.7 Reduce funds due to revenue estimate change. State General Funds ($59,463) $0 ($59,463) 27.100 -Judicial Administrative Districts Appropriation (HB 990) 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 $2,392,255 $2,416,974 $2,348,845 State General Funds $2,392,255 $2,416,974 $2,348,845 TOTAL PUBLIC FUNDS $2,392,255 $2,416,974 $2,348,845 Superior Court Judges Continuation Budget The purpose of this appropriation is to enable Georgia's Superior Courts to be general jurisdiction trial court and exercise exclusive, constitutional authority over felony cases, divorce, equity and cases regarding title to land; provided that law clerks over the fifty provided by law are to be allocated back to the circuits by caseload ranks. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 28.1 Annualize the cost of the FY08 salary adjustment. $57,130,015 $57,130,015 $57,130,015 $57,130,015 $57,130,015 $57,130,015 $57,130,015 $57,130,015 $57,130,015 State General Funds $757,181 $757,181 $757,181 28.2 Increase funds for a 3.5% cost of living adjustment effective January 1, 2009. (H and S:Provide for a 2.5% cost of living adjustment) State General Funds $936,738 $669,099 $669,099 28.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $470,112 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($238,042) 28.4 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($79,089) ($79,089) ($79,089) 28.5 Transfer funds to the Council of Superior Court Judges program for five contract employees and convert to permanent 2494 JOURNAL OF THE SENATE positions. State General Funds ($352,226) ($352,226) ($352,226) 28.6 Eliminate the Fulton Business Court pilot project. State General Funds ($100,000) ($100,000) ($100,000) 28.7 Reduce one-time funds received for equipment and furniture. State General Funds ($75,000) ($75,000) ($75,000) 28.8 Reduce one-time funds received for costs associated with new judgeships. State General Funds ($75,000) ($75,000) ($75,000) 28.9 Increase funds to annualize the FY08 employer contributions to the county courts retirement fund for state court judges, juvenile court judges, and county solicitors general. State General Funds $440,991 $387,000 $387,000 28.10 Increase funds to cover an adjustment in the mileage reimbursement rate from $.28 per mile to $.485 per mile and costs for judges' travel. State General Funds $180,000 $80,000 $0 28.11 Increase funds to annualize the FY08 adjustments in health insurance, retirement, and social security for county paid secretaries and law assistants and other costs. State General Funds $103,469 $103,469 $103,469 28.12 Increase funds for adjustments in employer contributions to the county courts retirement fund for state court judges, juvenile court judges, and county solicitors general. State General Funds $155,000 $155,000 $155,000 28.13 Increase funds to annualize three new judgeships created in HB95 (FY08). State General Funds $421,722 $421,722 $421,722 28.14 Reduce funds due to revenue estimate change. State General Funds ($1,428,250) $0 ($714,125) 28.15 Increase funds for costs associated with the creation of three judgeships for the Atlanta Judicial Circuit effective July 1, 2008 and the Alcovy and Brunswick Judicial Circuits effective January 1, 2009 per HB1163 (2008 Session). State General Funds $655,552 $0 28.100 -Superior Court Judges Appropriation (HB 990) The purpose of this appropriation is to enable Georgia's Superior Courts to be general jurisdiction trial court and exercise exclusive, FRIDAY, MARCH 28, 2008 2495 constitutional authority over felony cases, divorce, equity and cases regarding title to land; provided that law clerks over the fifty provided by law are to be allocated back to the circuits by caseload ranks. TOTAL STATE FUNDS $58,015,551 $59,677,723 $57,990,004 State General Funds $58,015,551 $59,677,723 $57,990,004 TOTAL PUBLIC FUNDS $58,015,551 $59,677,723 $57,990,004 Section 10: Supreme Court TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 Section Total - Final $9,123,469 $9,003,900 $9,123,469 $9,003,900 $9,123,469 $9,003,900 $8,700,335 $8,700,335 $8,700,335 $8,735,726 $8,735,726 $8,735,726 Supreme Court of Georgia Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 29.1 Annualize the cost of the FY08 salary adjustment. $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 State General Funds $104,629 $104,629 $104,629 29.2 Increase funds for a 3.5% cost of living adjustment effective January 1, 2009. (H and S:Provide for a 2.5% cost of living adjustment) State General Funds $125,729 $89,806 $89,806 29.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $69,308 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($35,094) 2496 JOURNAL OF THE SENATE 29.4 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($9,146) ($9,146) ($9,146) 29.5 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $38,774 $25,572 $0 29.6 Increase funds for an adjustment in liability insurance. State General Funds $12,000 $12,000 $12,000 29.7 Increase funds for postage costs. State General Funds $5,000 $5,000 $5,000 29.8 Increase funds for annual leave payouts for four retiring employees. [One-Time Change] State General Funds $104,074 $0 $0 29.9 Increase funds to cover the FY08 Georgia Building Authority (GBA) real estate rental rate adjustment. State General Funds $11,348 $0 $0 29.10 Increase funds for an adjustment in the rental rate at the Georgia International Convention Center to administer the Georgia Bar Exam. State General Funds $24,000 $0 $0 29.11 Increase funds for fees paid to monitors and professional consultants for the Georgia Bar Exam. State General Funds $12,625 $0 $0 29.12 Increase funds for mileage reimbursements in accordance with HB120 (2007 Session). State General Funds $21,356 $1,356 $11,356 29.13 Increase funds to renew the Lexis-Nexis and Westlaw contracts. State General Funds $3,298 $3,298 $3,298 29.14 Increase funds to hire a security officer. (H and S:Utilize the Capitol Police) State General Funds $78,905 $0 $0 29.15 Increase funds to create and update videos. [One-Time Change] State General Funds $37,000 $0 $0 29.16 Increase funds to create a disaster recovery co-location site and provide equipment upgrades. [One-Time Change] FRIDAY, MARCH 28, 2008 2497 State General Funds $71,050 $71,050 $71,050 29.17 Reduce funds due to revenue estimate change. State General Funds ($217,508) $0 ($217,508) 29.100 -Supreme Court of Georgia Appropriation (HB 990) 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 $9,123,469 $9,003,900 $8,735,726 State General Funds $9,123,469 $9,003,900 $8,735,726 TOTAL PUBLIC FUNDS $9,123,469 $9,003,900 $8,735,726 Section 11: Accounting Office, State TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $7,205,916 $7,205,916 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $9,258,772 $9,258,772 $16,464,688 $16,464,688 Section Total - Final $5,521,811 $5,499,396 $5,521,811 $5,499,396 $9,258,772 $9,258,772 $9,258,772 $9,258,772 $14,780,583 $14,758,168 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 $5,456,173 $5,456,173 $9,258,772 $9,258,772 $14,714,945 State Accounting Office Continuation Budget 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 State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments $7,205,916 $7,205,916 $9,258,772 $9,258,772 $9,258,772 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $9,258,772 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $9,258,772 2498 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS 30.1 Annualize the cost of the FY08 salary adjustment. $16,464,688 $16,464,688 $16,464,688 State General Funds $62,155 $62,155 $62,155 30.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $8,090 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $32,358 $40,448 $40,448 30.3 Increase funds for performance based salary adjustments. State General Funds $16,179 $0 $0 30.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $30,559 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($15,474) 30.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $12,246 $12,246 $12,246 30.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $42,075 $27,749 $0 30.7 Increase funds for an independent verification and validation process required by the Georgia Technology Authority (GTA) for the streamlined banking project. (G, H and S:Reduce by $120,000 due to revenue estimate change) [One-Time Change] State General Funds $0 $0 $0 30.8 Reduce funds from operations. State General Funds ($144,118) ($144,118) ($144,118) 30.9 Transfer funds and eleven positions to the Department of Administrative Services for asset management activities (fleet management system). State General Funds ($1,705,000) ($1,705,000) ($1,705,000) 30.100 -State Accounting Office Appropriation (HB 990) 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 $5,521,811 $5,499,396 $5,456,173 FRIDAY, MARCH 28, 2008 State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments TOTAL PUBLIC FUNDS Section 12: Administrative Services, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Departmental Administration 2499 $5,521,811 $9,258,772 $9,258,772 $9,258,772 $14,780,583 $5,499,396 $9,258,772 $9,258,772 $9,258,772 $14,758,168 $5,456,173 $9,258,772 $9,258,772 $9,258,772 $14,714,945 Section Total - Continuation $16,118,189 $16,118,189 $7,523,494 $262,121 $1,483,725 $214,726 $5,562,922 $142,287,597 $142,287,597 $165,929,280 $16,118,189 $16,118,189 $7,523,494 $262,121 $1,483,725 $214,726 $5,562,922 $142,287,597 $142,287,597 $165,929,280 $16,118,189 $16,118,189 $7,523,494 $262,121 $1,483,725 $214,726 $5,562,922 $142,287,597 $142,287,597 $165,929,280 Section Total - Final $15,162,474 $15,961,847 $15,162,474 $15,961,847 $8,561,665 $8,561,665 $262,121 $1,509,819 $126,214 $6,663,511 $132,946,427 $132,946,427 $156,670,566 $262,121 $1,509,819 $126,214 $6,663,511 $132,946,427 $132,946,427 $157,469,939 $12,792,429 $12,792,429 $21,478,729 $6,984,082 $3,217,238 $7,139,999 $126,214 $4,011,196 $132,946,427 $132,946,427 $167,217,585 Continuation Budget 2500 JOURNAL OF THE SENATE The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income 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 State Funds Transfers Agency to Agency Contracts Mail and Courier Services Motor Vehicle Rental Payments Risk Management Assessments TOTAL PUBLIC FUNDS 31.1 Annualize the cost of the FY08 salary adjustment. $2,349,936 $2,349,936 $762,350 $62,121 $62,121 $59,151 $59,151 $641,078 $641,078 $1,235,392 $1,235,392 $21,818 $250,719 $203,686 $759,169 $4,347,678 $2,349,936 $2,349,936 $762,350 $62,121 $62,121 $59,151 $59,151 $641,078 $641,078 $1,235,392 $1,235,392 $21,818 $250,719 $203,686 $759,169 $4,347,678 $2,349,936 $2,349,936 $762,350 $62,121 $62,121 $59,151 $59,151 $641,078 $641,078 $1,235,392 $1,235,392 $21,818 $250,719 $203,686 $759,169 $4,347,678 State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $48,251 $43,148 $91,399 $48,251 $43,148 $91,399 $48,251 $43,148 $91,399 31.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,670 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $14,682 $18,352 $18,352 31.3 Increase funds for performance based salary adjustments. State General Funds $7,341 $0 $0 31.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $463 $463 $463 31.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $12,843 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) FRIDAY, MARCH 28, 2008 2501 State General Funds $0 $0 ($6,503) 31.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($12,796) ($12,796) ($12,796) 31.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $22,566 $14,883 $0 31.8 Transfer funds and three positions from the State Purchasing program for marketing and communication activities. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $138,254 $101,090 $239,344 $138,254 $101,090 $239,344 $138,254 $101,090 $239,344 31.9 Reduce funds to realize cost savings in real estate rentals. State General Funds Royalties and Rents Not Itemized TOTAL PUBLIC FUNDS ($27,519) ($23,443) ($50,962) ($27,519) ($23,443) ($50,962) ($27,519) ($23,443) ($50,962) 31.10 Increase funds to continue the department's transformation to upgrade services and improve enterprise programs. Sales and Services Not Itemized $145,932 $145,932 $145,932 31.11 Increase funds for operations to cover a projected shortfall. Sales and Services Not Itemized $371,447 $371,447 $371,447 31.100 -Departmental Administration Appropriation (HB 990) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,541,178 $2,529,824 $2,508,438 State General Funds $2,541,178 $2,529,824 $2,508,438 TOTAL AGENCY FUNDS $1,400,524 $1,400,524 $1,400,524 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 $35,708 $35,708 $35,708 Royalties and Rents Not Itemized $35,708 $35,708 $35,708 Sales and Services $1,302,695 $1,302,695 $1,302,695 Sales and Services Not Itemized $1,302,695 $1,302,695 $1,302,695 2502 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Mail and Courier Services Motor Vehicle Rental Payments Risk Management Assessments TOTAL PUBLIC FUNDS $1,235,392 $1,235,392 $21,818 $250,719 $203,686 $759,169 $5,177,094 $1,235,392 $1,235,392 $21,818 $250,719 $203,686 $759,169 $5,165,740 $1,235,392 $1,235,392 $21,818 $250,719 $203,686 $759,169 $5,144,354 Fiscal Services Continuation Budget The purpose of this appropriation is to provide administrative functions and services necessary for the fulfillment of the responsibilities of the Superior Courts. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $325,184 $325,184 $325,184 State Funds Transfers $325,184 $325,184 $325,184 Agency to Agency Contracts $325,184 $325,184 $325,184 TOTAL PUBLIC FUNDS $325,184 $325,184 $325,184 32.1 Eliminate funds and transfer operations for the contract with the Superior Courts for accounting services. Agency to Agency Contracts ($325,184) ($325,184) ($325,184) Fleet Management Continuation Budget 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 STATE FUNDS State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Motor Vehicle Rental Payments TOTAL PUBLIC FUNDS 33.1 Annualize the cost of the FY08 salary adjustment. $0 $0 $863,905 $863,905 $863,905 $1,290,432 $1,290,432 $1,290,432 $2,154,337 $0 $0 $863,905 $863,905 $863,905 $1,290,432 $1,290,432 $1,290,432 $2,154,337 $0 $0 $863,905 $863,905 $863,905 $1,290,432 $1,290,432 $1,290,432 $2,154,337 FRIDAY, MARCH 28, 2008 2503 Rebates, Refunds, and Reimbursements Not Itemized $12,284 $12,284 $12,284 33.2 Transfer funds and eleven positions from the State Accounting Office for asset management activities (fleet management system). State General Funds $1,705,000 $1,705,000 $1,705,000 33.3 Increase funds to continue the department's transformation to upgrade services and improve enterprise programs. Rebates, Refunds, and Reimbursements Not Itemized $75,393 $75,393 $75,393 33.4 Reduce funds to realize cost efficiencies. Rebates, Refunds, and Reimbursements Not Itemized ($383,545) ($383,545) ($383,545) 33.5 Increase funds for real estate rentals. Rebates, Refunds, and Reimbursements Not Itemized $7,662 $7,662 $7,662 33.6 Reduce funds and eliminate nine positions due to outsourcing fleet rentals to Enterprise leasing. Motor Vehicle Rental Payments ($1,198,993) ($1,198,993) ($1,198,993) 33.98 Increase funds to reflect projected revenue receipts. Reserved Fund Balances Not Itemized Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $719,941 $0 $719,941 33.100 -Fleet Management Appropriation (HB 990) 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 STATE FUNDS $1,705,000 $1,705,000 $1,705,000 State General Funds $1,705,000 $1,705,000 $1,705,000 TOTAL AGENCY FUNDS $575,699 $575,699 $1,295,640 Reserved Fund Balances $719,941 Reserved Fund Balances Not Itemized $719,941 Rebates, Refunds, and Reimbursements $575,699 $575,699 $575,699 Rebates, Refunds, and Reimbursements Not Itemized $575,699 $575,699 $575,699 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $91,439 $91,439 $91,439 State Funds Transfers $91,439 $91,439 $91,439 Motor Vehicle Rental Payments $91,439 $91,439 $91,439 TOTAL PUBLIC FUNDS $2,372,138 $2,372,138 $3,092,079 2504 JOURNAL OF THE SENATE Mail and Courier Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Mail and Courier Services TOTAL PUBLIC FUNDS 34.1 Annualize the cost of the FY08 salary adjustment. $0 $0 $1,398,982 $1,398,982 $1,398,982 $1,398,982 $0 $0 $1,398,982 $1,398,982 $1,398,982 $1,398,982 $0 $0 $1,398,982 $1,398,982 $1,398,982 $1,398,982 Mail and Courier Services $8,733 $8,733 $8,733 34.2 Reduce funds to continue the department's transformation to upgrade services and improve enterprise programs. Mail and Courier Services ($63,723) ($63,723) ($63,723) 34.3 Reduce funds to realize cost efficiencies. Mail and Courier Services ($111,643) ($111,643) ($111,643) 34.4 Reduce funds to realize cost savings in real estate rentals. Mail and Courier Services ($102,194) ($102,194) ($102,194) 34.100 -Mail and Courier Appropriation (HB 990) 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. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,130,155 $1,130,155 $1,130,155 State Funds Transfers $1,130,155 $1,130,155 $1,130,155 Mail and Courier Services $1,130,155 $1,130,155 $1,130,155 TOTAL PUBLIC FUNDS $1,130,155 $1,130,155 $1,130,155 Risk Management Continuation Budget The purpose of this appropriation is for cost minimization and fair treatment of citizens through effective claims management. TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers $0 $0 $137,428,923 $137,428,923 $0 $0 $137,428,923 $137,428,923 $0 $0 $137,428,923 $137,428,923 FRIDAY, MARCH 28, 2008 2505 Agency to Agency Contracts Liability Funds Property Insurance Funds Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $978,423 $51,804,479 $20,678,179 $8,046,494 $55,921,348 $137,428,923 $978,423 $51,804,479 $20,678,179 $8,046,494 $55,921,348 $137,428,923 $978,423 $51,804,479 $20,678,179 $8,046,494 $55,921,348 $137,428,923 35.1 Annualize the cost of the FY08 salary adjustment. Liability Funds Property Insurance Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $9,881 $5,699 $47,900 $63,480 $9,881 $5,699 $47,900 $63,480 $9,881 $5,699 $47,900 $63,480 35.2 Increase funds to cover a projected shortfall. Liability Funds $99,612 $99,612 $99,612 35.3 Reduce funds to reflect recent claims activity and anticipated savings due to loss control efforts. Workers Compensation Funds ($4,115,442) ($4,115,442) ($4,115,442) 35.4 Reduce funds due to the negotiation of lower rates for re-insurance. Liability Funds ($2,902,654) ($2,902,654) ($2,902,654) 35.5 Reduce funds to continue the department's transformation to upgrade services and improve enterprise programs. Liability Funds ($89,597) ($89,597) ($89,597) 35.6 Reduce funds to realize cost efficiencies. Liability Funds Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $317,821 $12,817 ($960,200) ($629,562) $317,821 $12,817 ($960,200) ($629,562) $317,821 $12,817 ($960,200) ($629,562) 35.7 Increase funds for real estate rentals. Liability Funds Property Insurance Funds Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $7,472 $4,957 $989 $12,579 $25,997 $7,472 $4,957 $989 $12,579 $25,997 $7,472 $4,957 $989 $12,579 $25,997 2506 JOURNAL OF THE SENATE 35.100 -Risk Management Appropriation (HB 990) The purpose of this appropriation is for cost minimization and fair treatment of citizens through effective claims management. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $129,880,757 $129,880,757 $129,880,757 State Funds Transfers $129,880,757 $129,880,757 $129,880,757 Agency to Agency Contracts $978,423 $978,423 $978,423 Liability Funds $49,247,014 $49,247,014 $49,247,014 Property Insurance Funds $20,688,835 $20,688,835 $20,688,835 Unemployment Compensation Funds $8,060,300 $8,060,300 $8,060,300 Workers Compensation Funds $50,906,185 $50,906,185 $50,906,185 TOTAL PUBLIC FUNDS $129,880,757 $129,880,757 $129,880,757 State Purchasing Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 36.1 Annualize the cost of the FY08 salary adjustment. $7,336,529 $7,336,529 $286,093 $185,003 $185,003 $101,090 $101,090 $7,622,622 $7,336,529 $7,336,529 $286,093 $185,003 $185,003 $101,090 $101,090 $7,622,622 $7,336,529 $7,336,529 $286,093 $185,003 $185,003 $101,090 $101,090 $7,622,622 State General Funds Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $99,632 $13,394 $113,026 $99,632 $13,394 $113,026 $99,632 $13,394 $113,026 36.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $15,282 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $61,132 $76,416 $76,416 36.3 Increase funds for performance based salary adjustments. State General Funds $30,566 $0 $0 36.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and FRIDAY, MARCH 28, 2008 2507 H:Reduce by $53,474 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($27,077) 36.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($34,596) ($34,596) ($34,596) 36.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $47,434 $31,283 $0 36.7 Reduce funds from operations to reflect vacancies and hiring patterns. State General Funds ($148,653) ($148,653) ($148,653) 36.8 Transfer funds and activities to the Departmental Administration program for marketing and communication activities. State General Funds Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS ($138,254) ($101,090) ($239,344) ($138,254) ($101,090) ($239,344) ($138,254) ($101,090) ($239,344) 36.9 Increase funds for real estate rentals. State General Funds Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $3,429 $109,893 $113,322 $3,429 $109,893 $113,322 $3,429 $109,893 $113,322 36.10 Increase funds to continue the department's transformation to upgrade services and improve enterprise programs. Rebates, Refunds, and Reimbursements Not Itemized $292,103 $292,103 $292,103 36.11 Replace funds and utilize reserves. State General Funds Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS ($3,075,755) $3,075,755 $0 36.98 Increase funds to reflect projected revenue receipts. Reserved Fund Balances Not Itemized Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,239,746 $6,064,997 ($101,090) $7,203,653 2508 JOURNAL OF THE SENATE 36.100 -State Purchasing Appropriation (HB 990) 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 $7,257,219 $7,225,786 $4,091,671 State General Funds $7,257,219 $7,225,786 $4,091,671 TOTAL AGENCY FUNDS $600,393 $600,393 $10,879,801 Reserved Fund Balances $4,315,501 Reserved Fund Balances Not Itemized $4,315,501 Rebates, Refunds, and Reimbursements $499,303 $499,303 $6,564,300 Rebates, Refunds, and Reimbursements Not Itemized $499,303 $499,303 $6,564,300 Sales and Services $101,090 $101,090 Sales and Services Not Itemized $101,090 $101,090 TOTAL PUBLIC FUNDS $7,857,612 $7,826,179 $14,971,472 Surplus Property Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 37.1 Annualize the cost of the FY08 salary adjustment. $0 $0 $2,332,891 $2,332,891 $2,332,891 $2,332,891 $0 $0 $2,332,891 $2,332,891 $2,332,891 $2,332,891 $0 $0 $2,332,891 $2,332,891 $2,332,891 $2,332,891 Sales and Services Not Itemized $29,215 $29,215 $29,215 37.2 Increase funds to continue the department's transformation to upgrade services and improve enterprise programs. Sales and Services Not Itemized $127,556 $127,556 $127,556 37.3 Increase funds for operations. Sales and Services Not Itemized $209,287 $209,287 $209,287 37.4 Increase funds to fill vacancies. Sales and Services Not Itemized $40,477 $40,477 $40,477 FRIDAY, MARCH 28, 2008 2509 37.5 Reflect and utilize existing reserves to purchase vehicles in the Department of Agriculture, Department of Natural Resources, and the Department of Corrections in accordance with OCGA 50-5-17. Reserved Fund Balances Not Itemized $1,266,324 37.98 Increase funds to reflect projected revenue receipts. Reserved Fund Balances Not Itemized $682,316 Sales and Services Not Itemized ($30,925) TOTAL PUBLIC FUNDS $651,391 37.100 -Surplus Property Appropriation (HB 990) 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. TOTAL AGENCY FUNDS $2,739,426 $2,739,426 $4,657,141 Reserved Fund Balances $1,948,640 Reserved Fund Balances Not Itemized $1,948,640 Sales and Services $2,739,426 $2,739,426 $2,708,501 Sales and Services Not Itemized $2,739,426 $2,739,426 $2,708,501 TOTAL PUBLIC FUNDS $2,739,426 $2,739,426 $4,657,141 U.S. Post Office Continuation Budget The purpose of this appropriation is to provide convenient and cost-effective postal services to agencies and individuals. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized TOTAL PUBLIC FUNDS 38.1 Annualize the cost of the FY08 salary adjustment. $21,415 $21,415 $155,575 $155,575 $155,575 $176,990 $21,415 $21,415 $155,575 $155,575 $155,575 $176,990 $21,415 $21,415 $155,575 $155,575 $155,575 $176,990 Royalties and Rents Not Itemized $1,263 $1,263 $1,263 38.2 Increase funds for operations. Royalties and Rents Not Itemized $15,016 $15,016 $15,016 38.3 Reduce funds to realize cost savings in real estate rentals. Royalties and Rents Not Itemized ($5,838) ($5,838) ($5,838) 2510 JOURNAL OF THE SENATE 38.4 Reduce funds and eliminate three positions due to the closure of the Floyd building post office and consolidation of services with a rapid copy vendor. State General Funds ($21,415) ($21,415) ($21,415) Royalties and Rents Not Itemized ($75,510) ($75,510) ($75,510) TOTAL PUBLIC FUNDS ($96,925) ($96,925) ($96,925) 38.100 -U.S. Post Office Appropriation (HB 990) The purpose of this appropriation is to provide convenient and cost-effective postal services to agencies and individuals. TOTAL AGENCY FUNDS $90,506 $90,506 $90,506 Royalties and Rents $90,506 $90,506 $90,506 Royalties and Rents Not Itemized $90,506 $90,506 $90,506 TOTAL PUBLIC FUNDS $90,506 $90,506 $90,506 Administrative Hearings, Office of State Continuation Budget The purpose of this appropriation is to provide an impartial, independent forum for resolving disputes between the public and state agencies. TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Administrative Hearing Payments per OCGA50-13-44 TOTAL PUBLIC FUNDS 39.1 Annualize the cost of the FY08 salary adjustment. $4,042,713 $4,042,713 $608,684 $608,684 $608,684 $4,651,397 $4,042,713 $4,042,713 $608,684 $608,684 $608,684 $4,651,397 $4,042,713 $4,042,713 $608,684 $608,684 $608,684 $4,651,397 State General Funds $57,589 $57,589 $57,589 39.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $7,841 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $31,362 $39,203 $39,203 39.3 Increase funds for performance based salary adjustments. State General Funds $15,681 $0 $0 39.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $27,484 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) FRIDAY, MARCH 28, 2008 2511 State General Funds $0 $0 ($13,917) 39.5 Reduce funds from operations. State General Funds ($548,741) ($548,741) ($548,741) 39.100 -Administrative Hearings, Office of State Appropriation (HB 990) The purpose of this appropriation is to provide an impartial, independent forum for resolving disputes between the public and state agencies. TOTAL STATE FUNDS $3,598,604 $3,590,764 $3,576,847 State General Funds $3,598,604 $3,590,764 $3,576,847 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $608,684 $608,684 $608,684 State Funds Transfers $608,684 $608,684 $608,684 Administrative Hearing Payments per OCGA50-13-44 $608,684 $608,684 $608,684 TOTAL PUBLIC FUNDS $4,207,288 $4,199,448 $4,185,531 Hazardous Materials, Agency for the Removal of Continuation Budget 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 40.1 Eliminate funds due to the Georgia Building Authority (GBA) handling the remaining work of asbestos removal on Capitol Hill. State General Funds ($85,354) ($85,354) ($85,354) Health Planning Review Board Continuation Budget 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 41.100 -Health Planning Review Board Appropriation (HB 990) 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 2512 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $60,473 $60,473 $60,473 Payments to Georgia Technology Authority Continuation Budget The purpose of this appropriation is to provide for consultant fees related to the Commission for a New Georgia initiatives. TOTAL STATE FUNDS $1,396,769 $1,396,769 $1,396,769 State General Funds $1,396,769 $1,396,769 $1,396,769 TOTAL PUBLIC FUNDS $1,396,769 $1,396,769 $1,396,769 42.1 Eliminate funds and five positions for the implementation of the Commission for a New Georgia's Information Technology Task Force recommendations. State General Funds ($396,769) ($396,769) ($396,769) 42.2 Eliminate grant funding for Wireless Communities Initiative. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) 42.99 SAC: The purpose of this appropriation is to set the direction for the state's use of technology and promote efficient, secure, and cost-effective delivery of information technology services. House: The purpose of this appropriation is to set the direction for the state's use of technology and promote efficient, secure, and cost-effective delivery of information technology services. Gov Rev: The purpose of this appropriation is to set the direction for the state's use of technology and promote efficient, secure, and cost-effective delivery of information technology services. State General Funds $0 $0 $0 Treasury and Fiscal Services, Office of Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized $0 $0 $3,122,680 $200,000 $200,000 $434,817 $434,817 $2,487,863 $2,487,863 $0 $0 $3,122,680 $200,000 $200,000 $434,817 $434,817 $2,487,863 $2,487,863 $0 $0 $3,122,680 $200,000 $200,000 $434,817 $434,817 $2,487,863 $2,487,863 FRIDAY, MARCH 28, 2008 2513 TOTAL PUBLIC FUNDS 43.1 Annualize the cost of the FY08 salary adjustment. $3,122,680 $3,122,680 $3,122,680 Sales and Services Not Itemized $32,437 $32,437 $32,437 43.98 Specifically identify projected revenue receipts. Interest and Investment Income Not Itemized $2,955,117 Rebates, Refunds, and Reimbursements Not Itemized ($434,817) Sales and Services Not Itemized ($2,520,300) TOTAL PUBLIC FUNDS $0 43.100 -Treasury and Fiscal Services, Office of Appropriation (HB 990) 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 AGENCY FUNDS $3,155,117 $3,155,117 $3,155,117 Interest and Investment Income $200,000 $200,000 $3,155,117 Interest and Investment Income Not Itemized $200,000 $200,000 $3,155,117 Rebates, Refunds, and Reimbursements $434,817 $434,817 Rebates, Refunds, and Reimbursements Not Itemized $434,817 $434,817 Sales and Services $2,520,300 $2,520,300 Sales and Services Not Itemized $2,520,300 $2,520,300 TOTAL PUBLIC FUNDS $3,155,117 $3,155,117 $3,155,117 Compensation Per General Assembly Resolutions Continuation Budget The purpose of this appropriation is to fund HR102 of the 2007 Session. TOTAL STATE FUNDS $825,000 State General Funds $825,000 TOTAL PUBLIC FUNDS $825,000 399.1 Reduce one-time funds used to purchase the compensation annuity. $825,000 $825,000 $825,000 $825,000 $825,000 $825,000 State General Funds ($825,000) ($825,000) ($825,000) 399.2 Increase funds to purchase an annuity for a wrongfully convicted individual as required by HR1078 (2008 Session). State General Funds 399.100 -Compensation Per General Assembly Resolutions The purpose of this appropriation is to fund HR102 of the 2007 Session. TOTAL STATE FUNDS $850,000 $850,000 Appropriation (HB 990) $850,000 $850,000 2514 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $850,000 $850,000 $850,000 $850,000 Section 13: Agriculture, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $46,192,622 $46,192,622 $46,192,622 $46,192,622 $6,849,321 $6,849,321 $6,849,321 $6,849,321 $1,884,689 $1,884,689 $663,868 $663,868 $100,000 $100,000 $1,120,821 $1,120,821 $54,926,632 $54,926,632 Section Total - Final $46,926,678 $46,927,638 $46,926,678 $46,927,638 $8,049,321 $8,049,321 $8,049,321 $8,049,321 $3,384,689 $3,384,689 $663,868 $663,868 $100,000 $100,000 $2,620,821 $2,620,821 $58,360,688 $58,361,648 $46,192,622 $46,192,622 $6,849,321 $6,849,321 $1,884,689 $663,868 $100,000 $1,120,821 $54,926,632 $46,719,425 $46,719,425 $8,049,321 $8,049,321 $3,384,689 $663,868 $100,000 $2,620,821 $180,000 $180,000 $58,333,435 Athens and Tifton Veterinary Laboratories Continuation Budget The purpose of this appropriation is to ensure the health of production, equine and companion animals and protect public health as it relates to animals within the State of Georgia. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,651,229 $3,651,229 $3,651,229 $3,651,229 $3,651,229 $3,651,229 $3,651,229 $3,651,229 $3,651,229 FRIDAY, MARCH 28, 2008 2515 44.1 Annualize the cost of the FY08 salary adjustment. State General Funds $124,384 $124,384 $124,384 44.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 990) The purpose of this appropriation is to ensure the health of production, equine and companion animals and protect public health as it relates to animals within the State of Georgia. TOTAL STATE FUNDS $3,775,613 $3,775,613 $3,775,613 State General Funds $3,775,613 $3,775,613 $3,775,613 TOTAL PUBLIC FUNDS $3,775,613 $3,775,613 $3,775,613 Consumer Protection Continuation Budget The purpose of this appropriation is to ensure a safe food supply, guarantee a safe and healthy supply of agricultural products, provide for accurate commercial transactions, and protect animal health (production, equine and companion) for the citizens of Georgia. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 45.1 Increase funds to reflect projected revenue receipts. $24,000,511 $24,000,511 $6,749,221 $6,749,221 $935,000 $100,000 $100,000 $835,000 $835,000 $31,684,732 $24,000,511 $24,000,511 $6,749,221 $6,749,221 $935,000 $100,000 $100,000 $835,000 $835,000 $31,684,732 $24,000,511 $24,000,511 $6,749,221 $6,749,221 $935,000 $100,000 $100,000 $835,000 $835,000 $31,684,732 Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $450,000 $750,000 $1,200,000 $450,000 $750,000 $1,200,000 $450,000 $750,000 $1,200,000 45.2 Annualize the cost of the FY08 salary adjustment. State General Funds $298,447 $298,447 $298,447 45.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $42,587 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $170,351 $212,938 $212,938 2516 JOURNAL OF THE SENATE 45.4 Increase funds for performance based salary adjustments. State General Funds $106,797 $0 $0 45.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $11,803 $11,803 $11,803 45.6 Increase funds to provide salary adjustments for critical jobs. State General Funds $119,317 $119,317 $119,317 45.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $197,883 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($100,198) 45.8 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($57,130) ($57,130) ($57,130) 45.9 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $72,076 $47,535 $0 45.10 Increase funds to fill two imported food/seafood positions and one dairy industry position. (G:Reduce by $197,374 due to revenue estimate change)(H and S:Increase funds to fill one vacant imported food/seafood position) State General Funds $0 $66,458 $66,458 45.11 Reduce one-time funds received to replace eight high mileage vehicles. State General Funds ($120,000) ($120,000) ($120,000) 45.12 Increase funds to replace twenty-seven high mileage vehicles. (G and H:Reduce by $405,000 due to revenue estimate change)(S:Utilize reserve funds from the Department of Administrative Services-Surplus Property program to replace thirteen high mileage vehicles) State General Funds TOTAL PUBLIC FUNDS $0 $0 $0 $150,000 45.13 Reduce funds due to the elimination of the equine manager position. State General Funds ($82,580) ($82,580) ($82,580) 45.14 Increase funds for ethanol and bio-diesel testing and quality assurance. (G, H, and S:Reduce by $275,000 due to revenue FRIDAY, MARCH 28, 2008 2517 estimate change) State General Funds $0 $0 $0 45.15 Transfer one position from the Poultry Veterinary Diagnostic Laboratory to the Consumer Protection program. (G:YES)(H:NO)(S:YES) State General Funds $0 $0 $0 45.16 Increase funds for one Homeland Security and Food Defense position. State General Funds $44,348 $44,348 45.100 -Consumer Protection Appropriation (HB 990) The purpose of this appropriation is to ensure a safe food supply, guarantee a safe and healthy supply of agricultural products, provide for accurate commercial transactions, and protect animal health (production, equine and companion) for the citizens of Georgia. TOTAL STATE FUNDS $24,519,592 $24,541,647 $24,393,914 State General Funds $24,519,592 $24,541,647 $24,393,914 TOTAL FEDERAL FUNDS $7,199,221 $7,199,221 $7,199,221 Federal Funds Not Itemized $7,199,221 $7,199,221 $7,199,221 TOTAL AGENCY FUNDS $1,685,000 $1,685,000 $1,685,000 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 $1,585,000 $1,585,000 $1,585,000 Sales and Services Not Itemized $1,585,000 $1,585,000 $1,585,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $150,000 Agency Funds Transfers $150,000 TOTAL PUBLIC FUNDS $33,403,813 $33,425,868 $33,428,135 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services $6,782,863 $6,782,863 $69,500 $69,500 $258,721 $258,721 $6,782,863 $6,782,863 $69,500 $69,500 $258,721 $258,721 $6,782,863 $6,782,863 $69,500 $69,500 $258,721 $258,721 2518 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS 46.1 Annualize the cost of the FY08 salary adjustment. $258,721 $7,111,084 $258,721 $7,111,084 $258,721 $7,111,084 State General Funds $59,717 $59,717 $59,717 46.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $7,041 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $28,163 $35,204 $35,204 46.3 Increase funds for performance based salary adjustments. State General Funds $17,656 $0 $0 46.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $32,715 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($16,565) 46.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($9,445) ($9,445) ($9,445) 46.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $11,916 $7,859 $0 46.7 Reduce one-time funds received for online licensing implementation. State General Funds ($280,000) ($280,000) ($280,000) 46.100 -Departmental Administration Appropriation (HB 990) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $6,610,870 $6,596,198 $6,571,774 State General Funds $6,610,870 $6,596,198 $6,571,774 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 Sales and Services Not Itemized $258,721 $258,721 $258,721 TOTAL PUBLIC FUNDS $6,939,091 $6,924,419 $6,899,995 FRIDAY, MARCH 28, 2008 2519 Marketing and Promotion Continuation Budget The purpose of this appropriation is to expand sales of Georgia's commodities from growers by promoting them domestically and internationally. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 47.1 Increase funds to reflect projected revenue receipts. $8,269,475 $8,269,475 $30,600 $30,600 $690,968 $663,868 $663,868 $27,100 $27,100 $8,991,043 $8,269,475 $8,269,475 $30,600 $30,600 $690,968 $663,868 $663,868 $27,100 $27,100 $8,991,043 $8,269,475 $8,269,475 $30,600 $30,600 $690,968 $663,868 $663,868 $27,100 $27,100 $8,991,043 Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $750,000 $750,000 $1,500,000 $750,000 $750,000 $1,500,000 $750,000 $750,000 $1,500,000 47.2 Annualize the cost of the FY08 salary adjustment. State General Funds $56,741 $56,741 $56,741 47.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $10,394 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $41,575 $51,969 $51,969 47.4 Increase funds for performance based salary adjustments. State General Funds $26,065 $0 $0 47.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $48,295 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($24,454) 47.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($13,943) ($13,943) ($13,943) 47.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. 2520 JOURNAL OF THE SENATE (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $17,591 $11,602 $0 47.8 Increase funds to replace three high mileage vehicles. (G and H:Reduce by $45,000 due to revenue estimate change)(S:Utilize reserve funds from the Department of Administrative Services-Surplus Property program to replace two high mileage vehicles) State General Funds $0 $0 $0 TOTAL PUBLIC FUNDS $30,000 47.100 -Marketing and Promotion Appropriation (HB 990) The purpose of this appropriation is to expand sales of Georgia's commodities from growers by promoting them domestically and internationally. TOTAL STATE FUNDS $8,397,504 $8,375,844 $8,339,788 State General Funds $8,397,504 $8,375,844 $8,339,788 TOTAL FEDERAL FUNDS $780,600 $780,600 $780,600 Federal Funds Not Itemized $780,600 $780,600 $780,600 TOTAL AGENCY FUNDS $1,440,968 $1,440,968 $1,440,968 Intergovernmental Transfers $663,868 $663,868 $663,868 Intergovernmental Transfers Not Itemized $663,868 $663,868 $663,868 Sales and Services $777,100 $777,100 $777,100 Sales and Services Not Itemized $777,100 $777,100 $777,100 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $30,000 Agency Funds Transfers $30,000 TOTAL PUBLIC FUNDS $10,619,072 $10,597,412 $10,591,356 Poultry Veterinary Diagnostic Labs Continuation Budget The purpose of this appropriation is to provide poultry disease diagnostic and monitoring services with emphasis on Avian Influenza. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 48.1 Annualize the cost of the FY08 salary adjustment. $3,488,544 $3,488,544 $3,488,544 $3,488,544 $3,488,544 $3,488,544 $3,488,544 $3,488,544 $3,488,544 State General Funds $73,608 $73,608 $73,608 48.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $15,237 for a 2% cost of living adjustment due to revenue estimate change) FRIDAY, MARCH 28, 2008 2521 State General Funds $60,947 $76,184 $76,184 48.3 Transfer one position from the Poultry Veterinary Diagnostic Laboratory to the Consumer Protection program. (G:YES)(H:NO)(S:YES) State General Funds $0 $0 $0 48.100 -Poultry Veterinary Diagnostic Labs Appropriation (HB 990) The purpose of this appropriation is to provide poultry disease diagnostic and monitoring services with emphasis on Avian Influenza. TOTAL STATE FUNDS $3,623,099 $3,638,336 $3,638,336 State General Funds $3,623,099 $3,638,336 $3,638,336 TOTAL PUBLIC FUNDS $3,623,099 $3,638,336 $3,638,336 Section 14: Banking and Finance, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 Section Total - Final $12,979,012 $12,950,895 $12,979,012 $12,950,895 $12,979,012 $12,950,895 $12,218,642 $12,218,642 $12,218,642 $12,898,273 $12,898,273 $12,898,273 Chartering, Licensing and Applications/Non-Mortgage Entities Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 49.1 Annualize the cost of the FY08 salary adjustment. $1,250,814 $1,250,814 $1,250,814 $1,250,814 $1,250,814 $1,250,814 $1,250,814 $1,250,814 $1,250,814 State General Funds $14,472 $14,472 $14,472 49.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,311 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,244 $6,555 $6,555 49.3 Increase funds for performance based salary adjustments. 2522 JOURNAL OF THE SENATE State General Funds $2,622 $0 $0 49.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $4,845 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,453) 49.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($775) ($775) ($775) 49.6 Transfer funds to the Consumer Protection and Assistance, Departmental Administration, and Financial Institution Supervision programs received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds ($717,639) ($717,639) ($717,639) 49.100 -Chartering, Licensing and Applications/Non-Mortgage Entities Appropriation (HB 990) 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 $554,738 $553,427 $550,974 State General Funds $554,738 $553,427 $550,974 TOTAL PUBLIC FUNDS $554,738 $553,427 $550,974 Consumer Protection and Assistance Continuation Budget The purpose of this appropriation is to assist consumers with problems encountered when dealing with department-regulated entities. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 50.1 Annualize the cost of the FY08 salary adjustment. $564,842 $564,842 $564,842 $564,842 $564,842 $564,842 $564,842 $564,842 $564,842 State General Funds $11,825 $11,825 $11,825 50.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,374 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,498 $6,872 $6,872 50.3 Increase funds for performance based salary adjustments. State General Funds $2,749 $0 $0 FRIDAY, MARCH 28, 2008 2523 50.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $5,080 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,572) 50.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($930) ($930) ($930) 50.6 Transfer funds from the Chartering, Licensing and Applications/Non-Mortgage Entities program received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds $80,516 $80,516 $80,516 50.100 -Consumer Protection and Assistance Appropriation (HB 990) The purpose of this appropriation is to assist consumers with problems encountered when dealing with department-regulated entities. TOTAL STATE FUNDS $664,500 $663,125 $660,553 State General Funds $664,500 $663,125 $660,553 TOTAL PUBLIC FUNDS $664,500 $663,125 $660,553 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 51.1 Annualize the cost of the FY08 salary adjustment. $1,876,614 $1,876,614 $1,876,614 $1,876,614 $1,876,614 $1,876,614 $1,876,614 $1,876,614 $1,876,614 State General Funds $26,939 $26,939 $26,939 51.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $4,362 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $17,446 $21,808 $21,808 51.3 Increase funds for performance based salary adjustments. State General Funds $8,722 $0 $0 51.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $16,121 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($8,163) 2524 JOURNAL OF THE SENATE 51.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($2,789) ($2,789) ($2,789) 51.6 Transfer funds from the Chartering, Licensing and Applications/Non-Mortgage Entities programs received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds $174,693 $174,693 $174,693 51.100 -Departmental Administration Appropriation (HB 990) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,101,625 $2,097,265 $2,089,102 State General Funds $2,101,625 $2,097,265 $2,089,102 TOTAL PUBLIC FUNDS $2,101,625 $2,097,265 $2,089,102 Financial Institution Supervision Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 52.1 Annualize the cost of the FY08 salary adjustment. $6,734,312 $6,734,312 $6,734,312 $6,734,312 $6,734,312 $6,734,312 $6,734,312 $6,734,312 $6,734,312 State General Funds $263,851 $263,851 $263,851 52.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $17,455 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $69,821 $87,276 $87,276 52.3 Increase funds for performance based salary adjustments. State General Funds $34,910 $0 $0 52.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $64,517 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($32,668) 52.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($15,367) ($15,367) ($15,367) FRIDAY, MARCH 28, 2008 2525 52.6 Transfer funds from the Chartering, Licensing and Applications/Non-Mortgage Entities program received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds $483,964 $483,964 $483,964 52.7 Increase funds for the Voice Over Internet Protocol (VOIP) phone system for field offices. State General Funds $181,025 $181,025 $181,025 52.8 Increase funds to improve information systems controls that support business processes and objectives. State General Funds $55,000 $55,000 $55,000 52.100 -Financial Institution Supervision Appropriation (HB 990) 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 $7,807,516 $7,790,061 $7,757,393 State General Funds $7,807,516 $7,790,061 $7,757,393 TOTAL PUBLIC FUNDS $7,807,516 $7,790,061 $7,757,393 Mortgage Supervision Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 53.1 Annualize the cost of the FY08 salary adjustment. $1,792,060 $1,792,060 $1,792,060 $1,792,060 $1,792,060 $1,792,060 $1,792,060 $1,792,060 $1,792,060 State General Funds $61,669 $61,669 $61,669 53.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,616 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $14,462 $18,077 $18,077 53.3 Increase funds for performance based salary adjustments. State General Funds $7,231 $0 $0 53.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $13,363 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($6,766) 2526 JOURNAL OF THE SENATE 53.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($3,255) ($3,255) ($3,255) 53.6 Transfer funds to the Financial Institution Supervision program received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds ($21,534) ($21,534) ($21,534) 53.100 -Mortgage Supervision Appropriation (HB 990) 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 $1,850,633 $1,847,017 $1,840,251 State General Funds $1,850,633 $1,847,017 $1,840,251 TOTAL PUBLIC FUNDS $1,850,633 $1,847,017 $1,840,251 Section 15: Community Affairs, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Section Total - Continuation $140,821,229 $140,821,229 $93,697,896 $93,697,896 $47,123,333 $47,123,333 $130,537,107 $130,537,107 $130,537,107 $130,537,107 $15,166,118 $15,166,118 $585,798 $585,798 $9,792,761 $9,792,761 $4,787,559 $4,787,559 $100,000 $100,000 $100,000 $100,000 $286,624,454 $286,624,454 Section Total - Final $119,339,935 $94,211,375 $72,216,602 $47,088,042 $47,123,333 $47,123,333 $139,648,153 $139,648,153 $139,648,153 $139,648,153 $140,821,229 $93,697,896 $47,123,333 $130,537,107 $130,537,107 $15,166,118 $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $286,624,454 $117,725,489 $70,602,156 $47,123,333 $83,130,687 $83,130,687 FRIDAY, MARCH 28, 2008 2527 TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS $18,659,281 $3,490,798 $10,292,761 $4,875,722 $100,000 $100,000 $277,747,369 $18,659,281 $3,490,798 $10,292,761 $4,875,722 $100,000 $100,000 $252,618,809 $16,693,582 $3,490,798 $10,292,761 $2,910,023 $100,000 $100,000 $217,649,758 Building Construction Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 54.1 Increase funds to reflect projected revenue receipts. $310,002 $310,002 $238,704 $238,704 $238,704 $548,706 $310,002 $310,002 $238,704 $238,704 $238,704 $548,706 $310,002 $310,002 $238,704 $238,704 $238,704 $548,706 Sales and Services Not Itemized $1,000 $1,000 $1,000 54.2 Annualize the cost of the FY08 salary adjustment. State General Funds $4,266 $4,266 $4,266 54.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $686 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $2,742 $3,428 $3,428 54.4 Increase funds for performance based salary adjustments. State General Funds $1,371 $0 $0 54.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,597 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,315) 54.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. 2528 JOURNAL OF THE SENATE State General Funds ($1,808) ($1,808) ($1,808) 54.100 -Building Construction Appropriation (HB 990) 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 $316,573 $315,888 $314,573 State General Funds $316,573 $315,888 $314,573 TOTAL AGENCY FUNDS $239,704 $239,704 $239,704 Sales and Services $239,704 $239,704 $239,704 Sales and Services Not Itemized $239,704 $239,704 $239,704 TOTAL PUBLIC FUNDS $556,277 $555,592 $554,277 Coordinated Planning Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 55.1 Annualize the cost of the FY08 salary adjustment. $5,233,811 $5,233,811 $50,918 $50,918 $50,918 $5,284,729 $5,233,811 $5,233,811 $50,918 $50,918 $50,918 $5,284,729 $5,233,811 $5,233,811 $50,918 $50,918 $50,918 $5,284,729 State General Funds $25,590 $25,590 $25,590 55.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $4,146 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $16,594 $20,741 $20,741 55.3 Increase funds for performance based salary adjustments. State General Funds $8,296 $0 $0 55.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $15,715 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($7,957) FRIDAY, MARCH 28, 2008 2529 55.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($10,938) ($10,938) ($10,938) 55.6 Increase funds to implement the Coastal Comprehensive Plan to ensure quality growth in Georgia's coastal region. (G and H:Reduce by $275,000 due to revenue estimate change) State General Funds $300,000 $300,000 $300,000 55.7 Reduce one-time funds received for the development of Local Update of Census Addresses (LUCA) project. State General Funds ($1,411,000) ($1,411,000) ($1,411,000) 55.8 Reduce one-time funds received for the development of a Coastal Regional Plan. State General Funds ($300,000) ($300,000) ($300,000) 55.100 -Coordinated Planning Appropriation (HB 990) 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. TOTAL STATE FUNDS $3,862,353 $3,858,204 $3,850,247 State General Funds $3,862,353 $3,858,204 $3,850,247 TOTAL AGENCY FUNDS $50,918 $50,918 $50,918 Sales and Services $50,918 $50,918 $50,918 Sales and Services Not Itemized $50,918 $50,918 $50,918 TOTAL PUBLIC FUNDS $3,913,271 $3,909,122 $3,901,165 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized $2,205,751 $2,205,751 $1,320,986 $1,320,986 $2,017,417 $83,091 $83,091 $1,662,089 $1,662,089 $2,205,751 $2,205,751 $1,320,986 $1,320,986 $2,017,417 $83,091 $83,091 $1,662,089 $1,662,089 $2,205,751 $2,205,751 $1,320,986 $1,320,986 $2,017,417 $83,091 $83,091 $1,662,089 $1,662,089 2530 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 56.1 Annualize the cost of the FY08 salary adjustment. $272,237 $272,237 $5,544,154 $272,237 $272,237 $5,544,154 $272,237 $272,237 $5,544,154 State General Funds $24,169 $24,169 $24,169 56.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,488 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $13,953 $17,441 $17,441 56.3 Increase funds for performance based salary adjustments. State General Funds $6,977 $0 $0 56.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $1,886 $1,886 $1,886 56.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $13,216 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($6,692) 56.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($9,198) ($9,198) ($9,198) 56.100 -Departmental Administration Appropriation (HB 990) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $2,243,538 $2,240,049 $2,233,357 State General Funds $2,243,538 $2,240,049 $2,233,357 TOTAL FEDERAL FUNDS $1,320,986 $1,320,986 $1,320,986 Federal Funds Not Itemized $1,320,986 $1,320,986 $1,320,986 TOTAL AGENCY FUNDS $2,017,417 $2,017,417 $2,017,417 Reserved Fund Balances $83,091 $83,091 $83,091 Reserved Fund Balances Not Itemized $83,091 $83,091 $83,091 Intergovernmental Transfers $1,662,089 $1,662,089 $1,662,089 Intergovernmental Transfers Not Itemized $1,662,089 $1,662,089 $1,662,089 Sales and Services $272,237 $272,237 $272,237 Sales and Services Not Itemized $272,237 $272,237 $272,237 FRIDAY, MARCH 28, 2008 2531 TOTAL PUBLIC FUNDS $5,581,941 $5,578,452 $5,571,760 Environmental Education and Assistance Continuation Budget The purpose of this appropriation is to provide technical assistance, resource tools, and public education outreach resources. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS 57.1 Increase funds to reflect projected revenue receipts. $1,047,840 $1,047,840 $481,480 $481,480 $481,480 $1,529,320 $1,047,840 $1,047,840 $481,480 $481,480 $481,480 $1,529,320 $1,047,840 $1,047,840 $481,480 $481,480 $481,480 $1,529,320 Reserved Fund Balances Not Itemized $2,905,000 $2,905,000 $2,905,000 57.2 Annualize the cost of the FY08 salary adjustment. State General Funds $9,952 $9,952 $9,952 57.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,466 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,862 $7,328 $7,328 57.4 Increase funds for performance based salary adjustments. State General Funds $2,931 $0 $0 57.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $5,552 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,811) 57.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($3,864) ($3,864) ($3,864) 57.100 -Environmental Education and Assistance Appropriation (HB 990) The purpose of this appropriation is to provide technical assistance, resource tools, and public education outreach resources. TOTAL STATE FUNDS $1,062,721 $1,061,256 $1,058,445 State General Funds $1,062,721 $1,061,256 $1,058,445 TOTAL AGENCY FUNDS $3,386,480 $3,386,480 $3,386,480 Reserved Fund Balances $3,386,480 $3,386,480 $3,386,480 2532 JOURNAL OF THE SENATE Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $3,386,480 $4,449,201 $3,386,480 $4,447,736 $3,386,480 $4,444,925 Federal Community and Economic Development Programs Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 58.1 Increase funds to reflect projected revenue receipts. $2,040,932 $2,040,932 $36,004,364 $36,004,364 $329,587 $263,318 $263,318 $66,269 $66,269 $38,374,883 $2,040,932 $2,040,932 $36,004,364 $36,004,364 $329,587 $263,318 $263,318 $66,269 $66,269 $38,374,883 $2,040,932 $2,040,932 $36,004,364 $36,004,364 $329,587 $263,318 $263,318 $66,269 $66,269 $38,374,883 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $9,061,046 $9,061,046 $9,061,046 $9,061,046 $9,061,046 $9,061,046 58.2 Annualize the cost of the FY08 salary adjustment. State General Funds $24,169 $24,169 $24,169 58.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $4,093 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $16,374 $20,467 $20,467 58.4 Increase funds for performance based salary adjustments. State General Funds $8,187 $0 $0 58.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $15,506 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($7,851) 58.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. FRIDAY, MARCH 28, 2008 2533 State General Funds ($10,793) ($10,793) ($10,793) 58.100 -Federal Community and Economic Development Programs Appropriation (HB 990) 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 $2,078,869 $2,074,775 $2,066,924 State General Funds $2,078,869 $2,074,775 $2,066,924 TOTAL FEDERAL FUNDS $45,065,410 $45,065,410 $45,065,410 Federal Funds Not Itemized $45,065,410 $45,065,410 $45,065,410 TOTAL AGENCY FUNDS $329,587 $329,587 $329,587 Intergovernmental Transfers $263,318 $263,318 $263,318 Intergovernmental Transfers Not Itemized $263,318 $263,318 $263,318 Sales and Services $66,269 $66,269 $66,269 Sales and Services Not Itemized $66,269 $66,269 $66,269 TOTAL PUBLIC FUNDS $47,473,866 $47,469,772 $47,461,921 Homeownership Programs Continuation Budget 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 STATE FUNDS $0 $0 $0 TOTAL AGENCY FUNDS $4,631,991 $4,631,991 $4,631,991 Intergovernmental Transfers $4,614,860 $4,614,860 $4,614,860 Intergovernmental Transfers Not Itemized $4,614,860 $4,614,860 $4,614,860 Sales and Services $17,131 $17,131 $17,131 Sales and Services Not Itemized $17,131 $17,131 $17,131 TOTAL PUBLIC FUNDS $4,631,991 $4,631,991 $4,631,991 59.100 -Homeownership Programs Appropriation (HB 990) 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 $4,631,991 $4,631,991 $4,631,991 Intergovernmental Transfers $4,614,860 $4,614,860 $4,614,860 Intergovernmental Transfers Not Itemized $4,614,860 $4,614,860 $4,614,860 Sales and Services $17,131 $17,131 $17,131 Sales and Services Not Itemized $17,131 $17,131 $17,131 2534 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $4,631,991 $4,631,991 $4,631,991 Local Assistance Grants Continuation Budget The purpose of this appropriation is to 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 State General Funds TOTAL PUBLIC FUNDS 60.1 Eliminate one-time funds received in HB95 (FY08). $6,529,284 $6,529,284 $6,529,284 $6,529,284 $6,529,284 $6,529,284 $6,529,284 $6,529,284 $6,529,284 State General Funds ($6,529,284) ($6,529,284) ($6,529,284) Regional Services Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 61.1 Increase funds to reflect projected revenue receipts. $2,304,905 $2,304,905 $2,304,905 $2,304,905 $2,304,905 $2,304,905 $2,304,905 $2,304,905 $2,304,905 Intergovernmental Transfers Not Itemized $500,000 $500,000 $500,000 61.2 Annualize the cost of the FY08 salary adjustment. State General Funds $28,825 $28,825 $28,825 61.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,600 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $14,399 $17,999 $17,999 61.4 Increase funds for performance based salary adjustments. State General Funds $7,200 $0 $0 61.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $13,636 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($6,905) 61.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. FRIDAY, MARCH 28, 2008 2535 State General Funds ($9,491) ($9,491) ($9,491) 61.7 Increase funds for the Local Development Fund. (G:Reduce by $5,000,000 due to revenue estimate change) State General Funds $0 $2,500,000 $5,000,000 61.8 Increase funds for the Rural Water Association Fluoridation program. State General Funds $250,000 61.98 Increase funds to reflect projected revenue receipts. Intergovernmental Transfers Not Itemized $0 TOTAL PUBLIC FUNDS $0 61.99 SAC: The purpose of this appropriation is to assist in the marketing, development, and implementation of housing and community and economic development projects and services. House: The purpose of this appropriation is to assist in the marketing, development, and implementation of housing and community and economic development projects and services. Gov Rev: The purpose of this appropriation is to assist in the marketing, development, and implementation of housing and community and economic development projects and services. State General Funds $0 $0 $0 61.100 -Regional Services Appropriation (HB 990) The purpose of this appropriation is to assist in the marketing, development, and implementation of housing and community and economic development projects and services. TOTAL STATE FUNDS $2,345,838 $4,842,238 $7,585,333 State General Funds $2,345,838 $4,842,238 $7,585,333 TOTAL AGENCY FUNDS $500,000 $500,000 $500,000 Intergovernmental Transfers $500,000 $500,000 $500,000 Intergovernmental Transfers Not Itemized $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $2,845,838 $5,342,238 $8,085,333 Rental Housing Programs Continuation Budget 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 State General Funds $3,287,829 $3,287,829 $3,287,829 $3,287,829 $3,287,829 $3,287,829 2536 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 62.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized 62.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $93,198,170 $93,198,170 $4,962,278 $9,715 $9,715 $2,986,864 $2,986,864 $1,965,699 $1,965,699 $101,448,277 $93,198,170 $93,198,170 $4,962,278 $9,715 $9,715 $2,986,864 $2,986,864 $1,965,699 $1,965,699 $101,448,277 $93,198,170 $93,198,170 $4,962,278 $9,715 $9,715 $2,986,864 $2,986,864 $1,965,699 $1,965,699 $101,448,277 $45,000 $45,000 $45,000 ($56,517,466) ($1,965,699) ($58,483,165) 62.100 -Rental Housing Programs Appropriation (HB 990) 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 $93,243,170 $93,243,170 $36,725,704 Federal Funds Not Itemized $93,243,170 $93,243,170 $36,725,704 TOTAL AGENCY FUNDS $4,962,278 $4,962,278 $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 Sales and Services $1,965,699 $1,965,699 Sales and Services Not Itemized $1,965,699 $1,965,699 TOTAL PUBLIC FUNDS $101,493,277 $101,493,277 $43,010,112 FRIDAY, MARCH 28, 2008 2537 Research and Surveys Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 63.1 Increase funds to reflect projected revenue receipts. $620,782 $620,782 $620,782 $620,782 $620,782 $620,782 $620,782 $620,782 $620,782 Sales and Services Not Itemized $24,163 $24,163 $24,163 63.2 Annualize the cost of the FY08 salary adjustment. State General Funds $8,530 $8,530 $8,530 63.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,200 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $4,800 $6,000 $6,000 63.4 Increase funds for performance based salary adjustments. State General Funds $2,400 $0 $0 63.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $4,545 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,301) 63.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($3,164) ($3,164) ($3,164) 63.100 -Research and Surveys Appropriation (HB 990) 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 $633,348 $632,148 $629,847 State General Funds $633,348 $632,148 $629,847 TOTAL AGENCY FUNDS $24,163 $24,163 $24,163 Sales and Services $24,163 $24,163 $24,163 Sales and Services Not Itemized $24,163 $24,163 $24,163 TOTAL PUBLIC FUNDS $657,511 $656,311 $654,010 2538 JOURNAL OF THE SENATE Special Housing Initiatives Continuation Budget The purpose of this appropriation is to provide funds for Special Housing Initiatives. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS 64.1 Increase funds to reflect projected revenue receipts. $3,332,892 $3,332,892 $2,299,062 $11,512 $11,512 $110,949 $110,949 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 $3,332,892 $3,332,892 $2,299,062 $11,512 $11,512 $110,949 $110,949 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 $3,332,892 $3,332,892 $2,299,062 $11,512 $11,512 $110,949 $110,949 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 Sales and Services Not Itemized $63,000 $63,000 $63,000 64.2 Increase funds for the State Housing Trust Fund to provide contract caseworkers to assist homeless families to achieve housing stability. (G and H:Reduce by $1,500,000 due to revenue estimate change) State General Funds $0 $0 $500,000 64.100 -Special Housing Initiatives Appropriation (HB 990) The purpose of this appropriation is to provide funds for Special Housing Initiatives. TOTAL STATE FUNDS $3,332,892 $3,332,892 $3,832,892 State General Funds $3,332,892 $3,332,892 $3,832,892 TOTAL AGENCY FUNDS $2,362,062 $2,362,062 $2,362,062 Reserved Fund Balances $11,512 $11,512 $11,512 Reserved Fund Balances Not Itemized $11,512 $11,512 $11,512 Intergovernmental Transfers $110,949 $110,949 $110,949 Intergovernmental Transfers Not Itemized $110,949 $110,949 $110,949 Sales and Services $2,239,601 $2,239,601 $2,239,601 Sales and Services Not Itemized $2,239,601 $2,239,601 $2,239,601 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $100,000 $100,000 $100,000 Federal Funds Transfers $100,000 $100,000 $100,000 FRIDAY, MARCH 28, 2008 2539 FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS $100,000 $5,794,954 $100,000 $5,794,954 $100,000 $6,294,954 State Community Development Programs Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 65.1 Increase funds to reflect projected revenue receipts. $1,377,599 $1,377,599 $1,377,599 $1,377,599 $1,377,599 $1,377,599 $1,377,599 $1,377,599 $1,377,599 Federal Funds Not Itemized $5,000 $5,000 $5,000 65.2 Annualize the cost of the FY08 salary adjustment. State General Funds $17,061 $17,061 $17,061 65.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,400 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $9,599 $11,999 $11,999 65.4 Increase funds for performance based salary adjustments. State General Funds $4,800 $0 $0 65.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $9,091 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($4,603) 65.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($6,328) ($6,328) ($6,328) 65.7 Increase funds for the City of Porterdale Community Center Gymnasium reconstruction. State General Funds $100,000 65.100 -State Community Development Programs Appropriation (HB 990) 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 $1,402,731 $1,400,331 $1,495,728 2540 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,402,731 $5,000 $5,000 $1,407,731 $1,400,331 $5,000 $5,000 $1,405,331 $1,495,728 $5,000 $5,000 $1,500,728 State Economic Development Program Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 66.1 Annualize the cost of the FY08 salary adjustment. $10,714,727 $10,714,727 $13,587 $13,587 $154,681 $154,681 $154,681 $10,882,995 $10,714,727 $10,714,727 $13,587 $13,587 $154,681 $154,681 $154,681 $10,882,995 $10,714,727 $10,714,727 $13,587 $13,587 $154,681 $154,681 $154,681 $10,882,995 State General Funds $1,422 $1,422 $1,422 66.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $5,213 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $850 $1,063 $1,063 66.3 Increase funds for performance based salary adjustments. State General Funds $425 $0 $0 66.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $805 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($408) 66.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($560) ($560) ($560) 66.6 Reduce one-time funds received for the Regional Economic Business Assistance (REBA) program. (S:Increase funds received for the REBA program) FRIDAY, MARCH 28, 2008 2541 State General Funds ($80,471) ($2,080,471) $2,000,000 66.7 Reduce one-time funds received for an emergency water redistribution system for the City of Richland. State General Funds ($600,000) ($600,000) ($600,000) 66.8 Reduce funds from the Life Science Facilities Fund by 2% while maintaining fund liquidity. State General Funds ($596,718) $0 66.100 -State Economic Development Program Appropriation (HB 990) 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 $10,036,393 $7,439,463 $12,116,244 State General Funds $10,036,393 $7,439,463 $12,116,244 TOTAL FEDERAL FUNDS $13,587 $13,587 $13,587 Federal Funds Not Itemized $13,587 $13,587 $13,587 TOTAL AGENCY FUNDS $154,681 $154,681 $154,681 Intergovernmental Transfers $154,681 $154,681 $154,681 Intergovernmental Transfers Not Itemized $154,681 $154,681 $154,681 TOTAL PUBLIC FUNDS $10,204,661 $7,607,731 $12,284,512 Payments to Georgia Environmental Facilities Authority Continuation Budget The purpose of this appropriation is to provide funds for the Georgia Rural Water Association, the Infrastructure Grant Program, the Energy Plan Program, the Governor's Land Conservation program, the Reuse of Treated Water Incentive Grant Program, and the E- 85 Grant Program. TOTAL STATE FUNDS $49,823,726 State General Funds $49,823,726 TOTAL PUBLIC FUNDS $49,823,726 67.1 Increase funds for one position and to coordinate energy savings programs. $49,823,726 $49,823,726 $49,823,726 $49,823,726 $49,823,726 $49,823,726 State General Funds $139,232 $139,232 $139,232 67.2 Reduce one-time funds received for projects of statewide significance in the Governor's Land Conservation Program. State General Funds ($12,337,944) ($37,337,944) ($21,789,521) 67.3 Reduce one-time funds received for treated wastewater reuse incentive grants. State General Funds ($500,000) ($500,000) ($500,000) 67.4 Reduce one-time funds received for the E-85 grant program. 2542 JOURNAL OF THE SENATE State General Funds ($400,000) ($400,000) ($400,000) 67.99 SAC: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. House: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. Gov Rev: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. State General Funds $0 $0 $0 67.100 -Payments to Georgia Environmental Facilities Authority Appropriation (HB 990) The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. TOTAL STATE FUNDS $36,725,014 $11,725,014 $27,273,437 State General Funds $36,725,014 $11,725,014 $27,273,437 TOTAL PUBLIC FUNDS $36,725,014 $11,725,014 $27,273,437 Payments to OneGeorgia Authority Continuation Budget 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 68.100 -Payments to OneGeorgia Authority Appropriation (HB 990) 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 Georgia Regional Transportation Authority Continuation Budget The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 69.1 Annualize the cost of the FY08 salary adjustment. $4,867,816 $4,867,816 $4,867,816 $4,867,816 $4,867,816 $4,867,816 $4,867,816 $4,867,816 $4,867,816 State General Funds $66,145 $66,145 $66,145 FRIDAY, MARCH 28, 2008 2543 69.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $10,547 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $42,189 $52,736 $52,736 69.3 Increase funds for performance based salary adjustments. State General Funds $21,095 $0 $0 69.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $40,792 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($20,655) 69.5 Reduce funds to reflect an adjustment in Worker's Compensation Premiums. State General Funds ($11,386) ($11,386) ($11,386) 69.6 Reduce funds for the elimination of vacant board secretary position due to efficiencies. State General Funds ($97,356) ($97,356) ($97,356) 69.7 Utilize existing funds to expand Xpress service by implementing five new routes and service improvements on two routes. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 69.8 Utilize existing funds for a pilot ending June 30, 2009 of the Georgia Towing and Recovery Incentive Program (TRIP), paying heavy duty recovery companies a monetary bonus for clearing major commercial vehicle wrecks in metro Atlanta within set timeframes. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 69.100 -Payments to Georgia Regional Transportation Authority Appropriation (HB 990) The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices. TOTAL STATE FUNDS $4,888,503 $4,877,955 $4,857,300 State General Funds $4,888,503 $4,877,955 $4,857,300 TOTAL PUBLIC FUNDS $4,888,503 $4,877,955 $4,857,300 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 2544 JOURNAL OF THE SENATE 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 16: Community Health, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $2,482,108,214 $2,482,108,214 $2,482,108,214 $2,428,284,558 $2,428,284,558 $2,428,284,558 $53,823,656 $53,823,656 $53,823,656 $5,509,482,136 $5,509,482,136 $5,509,482,136 $5,259,003,078 $5,259,003,078 $5,259,003,078 $250,479,058 $250,479,058 $250,479,058 $475,338,868 $475,338,868 $475,338,868 $239,598,082 $239,598,082 $239,598,082 $233,208,626 $233,208,626 $233,208,626 $2,532,160 $2,532,160 $2,532,160 $2,990,367,005 $2,990,367,005 $2,990,367,005 $2,990,367,005 $2,990,367,005 $2,990,367,005 $11,457,296,223 $11,457,296,223 $11,457,296,223 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $2,517,608,432 $2,511,610,187 $2,513,977,410 $2,456,034,776 $2,450,036,531 $2,452,403,754 $61,573,656 $61,573,656 $61,573,656 $6,128,414,639 $6,109,922,579 $6,110,573,033 $5,868,168,371 $5,848,729,145 $5,849,379,599 $260,246,268 $261,193,434 $261,193,434 $647,742,860 $646,958,758 $677,304,228 $430,368,764 $430,368,764 $460,714,234 $214,841,936 $214,057,834 $214,057,834 $2,532,160 $2,532,160 $2,532,160 $3,024,621,826 $2,994,276,356 $2,977,568,440 $3,024,621,826 $2,994,276,356 $2,977,568,440 $12,318,387,757 $12,262,767,880 $12,279,423,111 FRIDAY, MARCH 28, 2008 2545 Departmental Administration and Program Support Continuation Budget The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $94,102,323 $94,102,323 $94,102,323 State General Funds $94,102,323 $94,102,323 $94,102,323 TOTAL FEDERAL FUNDS $300,332,028 $300,332,028 $300,332,028 Medical Assistance Program CFDA93.778 $282,177,993 $282,177,993 $282,177,993 State Children's Insurance Program CFDA93.767 $18,154,035 $18,154,035 $18,154,035 TOTAL AGENCY FUNDS $14,362,160 $14,362,160 $14,362,160 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 Sales and Services $232,160 $232,160 $232,160 Sales and Services Not Itemized $232,160 $232,160 $232,160 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $22,134,312 $22,134,312 $22,134,312 State Funds Transfers $22,134,312 $22,134,312 $22,134,312 Health Insurance Payments $22,134,312 $22,134,312 $22,134,312 TOTAL PUBLIC FUNDS $430,930,823 $430,930,823 $430,930,823 70.1 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds Medical Assistance Program CFDA93.778 Health Insurance Payments TOTAL PUBLIC FUNDS $318,145 $418,622 $179,170 $915,937 $318,145 $418,622 $179,170 $915,937 $225,572 $418,622 $179,170 $823,364 70.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $43,885 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $175,540 $219,425 $219,425 70.3 Increase funds for performance based salary adjustments. State General Funds $87,770 $0 $0 70.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $4,921 $4,921 $4,921 70.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $165,863 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) 2546 JOURNAL OF THE SENATE State General Funds $0 $0 ($83,985) 70.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($30,963) ($30,963) ($30,963) 70.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $82,055 $54,117 $0 70.8 Reduce funds to reflect departmental reorganization. State General Funds ($171,426) ($171,426) ($171,426) 70.9 Transfer funds from the Medicaid: Aged, Blind, and Disabled program to replace the loss of one-time funds reserved for FY08 administrative services. State General Funds Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $14,130,000 ($14,130,000) $0 $14,130,000 ($14,130,000) $0 $14,130,000 ($14,130,000) $0 70.10 Reduce funds from operations. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($1,566,028) ($3,558,084) ($5,124,112) ($1,566,028) ($3,558,084) ($5,124,112) ($1,566,028) ($3,558,084) ($5,124,112) 70.11 Increase funds for the continued implementation of the Health Information Exchange pilot program. (G, H, and S:Reduce by $750,000 due to revenue estimate change) State General Funds $0 $0 $0 70.100 -Departmental Administration and Program Support Appropriation (HB 990) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $107,132,337 $107,060,514 $106,829,839 State General Funds $107,132,337 $107,060,514 $106,829,839 TOTAL FEDERAL FUNDS $297,192,566 $297,192,566 $297,192,566 Medical Assistance Program CFDA93.778 $279,038,531 $279,038,531 $279,038,531 State Children's Insurance Program CFDA93.767 $18,154,035 $18,154,035 $18,154,035 TOTAL AGENCY FUNDS $232,160 $232,160 $232,160 Sales and Services $232,160 $232,160 $232,160 Sales and Services Not Itemized $232,160 $232,160 $232,160 FRIDAY, MARCH 28, 2008 2547 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS $22,313,482 $22,313,482 $22,313,482 $426,870,545 $22,313,482 $22,313,482 $22,313,482 $426,798,722 $22,313,482 $22,313,482 $22,313,482 $426,568,047 Health Care Access and Improvement Continuation Budget The purpose of this appropriation is to improve the health, wellness and access to healthcare for Georgians. TOTAL STATE FUNDS $17,299,088 $17,299,088 $17,299,088 State General Funds $14,449,088 $14,449,088 $14,449,088 Tobacco Settlement Funds $2,850,000 $2,850,000 $2,850,000 TOTAL FEDERAL FUNDS $588,838 $588,838 $588,838 Medical Assistance Program CFDA93.778 $588,838 $588,838 $588,838 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 $17,987,926 $17,987,926 $17,987,926 71.1 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $9,501 $9,501 $48,810 71.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,311 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,242 $6,553 $6,553 71.3 Increase funds for performance based salary adjustments. State General Funds $2,621 $0 $0 71.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $4,953 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,508) 71.5 Increase funds for department reorganization. State General Funds $171,426 $171,426 $171,426 71.6 Increase funds for the Health Insurance Partnership in order to decrease Georgia's working uninsured by providing low cost health insurance to approximately 25,000 Georgians. The program will target sole proprietors, small businesses, and their 2548 JOURNAL OF THE SENATE employees with incomes less than 300% of the federal poverty level. (G, H, and S:Reduce by $16,935,427 due to revenue estimate change) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0 71.7 Increase funds to continue development and implementation of a consumer focused Web site expanding access to health care information. (G, H, and S:Reduce by $750,000 due to revenue estimate change) State General Funds $0 $0 $0 71.8 Eliminate one-time funds for "new start" Community Health Centers in Bacon, Bibb, Gwinnett, Lanier, Murray, and Richmond counties. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) 71.9 Eliminate one-time funds for behavioral health services integration with existing Community Health Centers in Bacon, Dougherty, Emanuel, Muscogee, and Washington counties. State General Funds ($1,250,000) ($1,250,000) ($1,250,000) 71.10 Eliminate one-time funds to the Georgia Association for Primary Health Care to complete the statewide Electronic Medical Records system to link together the Federally Qualified Community Health Centers. State General Funds ($750,000) ($750,000) ($750,000) 71.11 Eliminate funds to reflect the final year of the state funds contribution to the Hughes Spalding Children's Hospital. State General Funds ($1,750,000) ($1,750,000) ($1,750,000) 71.12 Increase funds to expand access to primary health care in rural Georgia through the development of regional systems of care. Tobacco Settlement Funds $9,250,000 $9,250,000 $9,250,000 71.13 Transfer funds to the Georgia Cancer Coalition for Regional Cancer. Tobacco Settlement Funds ($1,500,000) ($1,500,000) ($1,500,000) 71.14 Increase funds to establish a contract with the Georgia Association for Primary Health Care, which allows for three allotments, the first allotment upon execution of the contract, the second allotment when half of the sites work plans and budgets are received, and the final allotment upon receipt of the remainder of the sites work plans and budgets, for start up expenses incurred by new Community Health Centers at the following sites: Montgomery County, Jones County, Clarke County and Effingham County. [One-Time Change] Sites: Clarke County, Effingham County, Jones County, Montgomery County State General Funds $1,000,000 $1,000,000 FRIDAY, MARCH 28, 2008 2549 71.15 Increase funds to establish a contract with the Georgia Association for Primary Health Care, which allows for three allotments, the first allotment upon execution of the contract, the second allotment when half of the sites work plans and budgets are received, and the final allotment upon receipt of the remainder of the sites work plans and budgets, for expenses associated with behavioral health services integration incurred by the following Community Health Centers: Georgia Highlands Medical Services, Inc., TenderCare Clinic, West End Medical Centers, Inc., and Palmetto Health Council, Inc. [One-Time Change] State General Funds $1,000,000 $1,000,000 71.16 Increase funds for grants to assist in the creation and enhancement of SafetyNet Clinics across Georgia. State General Funds $950,000 71.17 Increase funds for a planning grant for the Georgia Wellness Incentive Pilot Program. [One-Time Change] State General Funds $150,000 71.18 Increase funds for the Georgia Health Marketing Trust Fund per SB404 (2008 Session). State General Funds $1,500,000 71.19 Increase funds for Operation of Georgia Health Marketplace Authority per SB404 (2008 Session). State General Funds $300,000 71.20 Increase funds for the design of the Georgia Health Marketplace Website SB404 (2008 Session). State General Funds $700,000 71.100 -Health Care Access and Improvement Appropriation (HB 990) The purpose of this appropriation is to improve the health, wellness and access to healthcare for Georgians. TOTAL STATE FUNDS $19,987,878 $21,986,568 $25,623,369 State General Funds $9,387,878 $11,386,568 $15,023,369 Tobacco Settlement Funds $10,600,000 $10,600,000 $10,600,000 TOTAL FEDERAL FUNDS $588,838 $588,838 $588,838 Medical Assistance Program CFDA93.778 $588,838 $588,838 $588,838 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 $20,676,716 $22,675,406 $26,312,207 71.101 Special Project - Health Care Access and Improvement: Increase funds to provide grant funds to the Southeastern Firefighters' Burn Foundation to assist in the care of indigent burn victims. State General Funds $500,000 $100,000 2550 JOURNAL OF THE SENATE Indigent Care Trust Fund Continuation Budget The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. TOTAL STATE FUNDS $500,000 $500,000 $500,000 State General Funds $500,000 $500,000 $500,000 TOTAL FEDERAL FUNDS $271,584,678 $271,584,678 $271,584,678 Medical Assistance Program CFDA93.778 $271,584,678 $271,584,678 $271,584,678 TOTAL AGENCY FUNDS $160,737,322 $160,737,322 $160,737,322 Intergovernmental Transfers $158,537,322 $158,537,322 $158,537,322 Hospital Authorities $158,537,322 $158,537,322 $158,537,322 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 $432,822,000 $432,822,000 $432,822,000 72.1 Reduce funds by replacing state funds appropriated to the Georgia Cancer Coalition with revenue generated from the renewal of breast cancer license tags. State General Funds ($500,000) ($500,000) ($500,000) 72.2 Reduce funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. Medical Assistance Program CFDA93.778 Hospital Authorities TOTAL PUBLIC FUNDS ($18,048,105) ($18,366,690) ($36,414,795) ($14,726,525) ($19,150,792) ($33,877,317) ($14,726,525) ($19,150,792) ($33,877,317) 72.3 Increase funds to reflect the adjustment to the Federal Financial Participation (FFP) rate by recognizing increased federal funds. Medical Assistance Program CFDA93.778 $217,810 $217,810 72.4 Require non-deemed hospitals to meet the annual indigent care requirements of their Certificates of Need as a condition for Disproportionate Share Hospital program participation. (H:YES)(S:YES) State General Funds $0 $0 72.100 -Indigent Care Trust Fund Appropriation (HB 990) The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. TOTAL FEDERAL FUNDS $253,536,573 $257,075,963 $257,075,963 Medical Assistance Program CFDA93.778 $253,536,573 $257,075,963 $257,075,963 TOTAL AGENCY FUNDS $142,370,632 $141,586,530 $141,586,530 FRIDAY, MARCH 28, 2008 2551 Intergovernmental Transfers Hospital Authorities Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $140,170,632 $140,170,632 $2,200,000 $2,200,000 $395,907,205 $139,386,530 $139,386,530 $2,200,000 $2,200,000 $398,662,493 $139,386,530 $139,386,530 $2,200,000 $2,200,000 $398,662,493 Medicaid: Aged, Blind, and Disabled Continuation Budget The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals. TOTAL STATE FUNDS $1,135,312,137 $1,135,312,137 $1,135,312,137 State General Funds $1,135,312,137 $1,135,312,137 $1,135,312,137 TOTAL FEDERAL FUNDS $2,663,301,386 $2,663,301,386 $2,663,301,386 Medical Assistance Program CFDA93.778 $2,663,301,386 $2,663,301,386 $2,663,301,386 TOTAL AGENCY FUNDS $207,984,792 $207,984,792 $207,984,792 Reserved Fund Balances $145,641,804 $145,641,804 $145,641,804 Reserved Fund Balances Not Itemized $145,641,804 $145,641,804 $145,641,804 Intergovernmental Transfers $62,342,988 $62,342,988 $62,342,988 Hospital Authorities $62,342,988 $62,342,988 $62,342,988 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $267,288,632 $267,288,632 $267,288,632 State Funds Transfers $267,288,632 $267,288,632 $267,288,632 Optional Medicaid Services Payments $267,288,632 $267,288,632 $267,288,632 TOTAL PUBLIC FUNDS $4,273,886,947 $4,273,886,947 $4,273,886,947 73.1 Transfer funds to the Administration program to replace the loss of one-time funds reserved for FY08 administrative services. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($14,130,000) ($25,273,235) ($39,403,235) ($14,130,000) ($25,273,235) ($39,403,235) ($14,130,000) ($25,273,235) ($39,403,235) 73.2 Reduce Medicaid benefits to reflect projected expenditures. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($9,000,000) ($16,097,602) ($25,097,602) ($20,000,000) ($35,772,448) ($55,772,448) ($20,000,000) ($35,772,448) ($55,772,448) 73.3 Increase funds to add 100 Independent Care Waiver Program (ICWP) slots for the Money Follows the Person Demonstration Grant to move qualified members from institutions to the community. (G:Reduce State General Funds by $1,423,047 and Total Funds by $3,968,341 due to revenue estimate change) 2552 JOURNAL OF THE SENATE State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 $1,423,047 $1,423,047 $0 $2,545,294 $2,545,294 $0 $3,968,341 $3,968,341 73.4 Increase funds for fifty slots in the ICWP program to address the community waiting list. (G:Reduce State General Funds by $780,409 and Total Funds by $2,176,267 due to revenue estimate change)(S:Increase funds for 100 slots in the ICWP program) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 $780,409 $1,560,818 $0 $1,395,858 $2,791,716 $0 $2,176,267 $4,352,534 73.5 Increase funds to update the maximum allowable reimbursement to 88.5% of the 2007 Resource Based Relative Value Scale (RBRVS), as specified by Medicare for the Atlanta area, for providers of the following services: Physician, Physician Assistant, Nurse Midwife, Advanced Nurse Practitioners, Podiatry, Oral Maxillofacial Surgery, Children's Intervention Services, Children's Intervention School Services, Psychological Services, Dialysis Professional Services, Vision, and Family Planning. (H and S:Update the maximum allowable reimbursement to 85.15% of the January 1, 2008 Resource Based Relative Value Scale (RBRVS), as specified by Medicare for the Atlanta area for nonparticipating Medicare providers. Medicaid providers subject to this change include Physicians, Physician Assistants, Nurse Midwives, Advanced Nurse Practitioners, Podiatrists, Oral Maxillofacial Surgeons, providers of Children's Intervention Services and Psychologists, Optometrists, and providers of Family Planning. This will not apply to providers of professional services for dialysis) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $3,420,322 $6,117,664 $9,537,986 $3,420,322 $6,117,664 $9,537,986 $3,420,322 $6,117,664 $9,537,986 73.6 Increase funds to raise the cost coverage for inpatient hospital services from 95.1% to 98.6% of cost for designated trauma hospitals Levels I through III and to raise cost coverage from 90.1% to 92.6% of cost for all other hospitals. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $6,581,839 $11,772,425 $18,354,264 $6,581,839 $11,772,425 $18,354,264 $6,581,839 $11,772,425 $18,354,264 73.7 Increase funds to update outpatient hospital reimbursement to a facility-wide Cost-to-Charge ratio to determine cost, and pay 100% of cost for designated trauma hospitals Levels I through III and 95% of cost for all other hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and increase the triage fee for non-emergency use of the emergency room from $50 to $60. (H and S:Continue to use Medicaid-specific cost-tocharge ratios to determine cost, and increase the percent of cost coverage for services subject to cost settlement from 85.6% of cost to 90.7% of cost for designated trauma hospitals Levels I through III and 88.3% of cost for all other non-state, non- FRIDAY, MARCH 28, 2008 2553 critical access hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and increase the triage fee for non-emergency use of the Emergency Room from $50 to $60) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $2,087,806 $3,734,297 $5,822,103 $2,087,806 $3,734,297 $5,822,103 $2,087,806 $3,734,297 $5,822,103 73.8 Increase funds to raise the cap for home health services to $90 and pay the lesser of the cap or 100% of cost, according to FY06 cost reports. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $1,136,283 $2,032,381 $3,168,664 $1,136,283 $2,032,381 $3,168,664 $1,136,283 $2,032,381 $3,168,664 73.9 Increase funds to raise the Healthcheck reimbursement rate by 2.5%. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $18,261 $32,663 $50,924 $18,261 $32,663 $50,924 $18,261 $32,663 $50,924 73.10 Increase funds to provide coverage for digital mammography services. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $113,492 $202,995 $316,487 $113,492 $202,995 $316,487 $113,492 $202,995 $316,487 73.11 Increase funds to raise codes for global maternity delivery rates by 2.5%. (H and S:Increase codes for global maternity delivery rates by 5%) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $218,306 $390,466 $608,772 $436,612 $780,934 $1,217,546 $436,612 $780,934 $1,217,546 73.12 Increase funds to provide an additional 1% add-on to per diems for nursing facilities meeting the requirements of the quality incentive program. (G and H:Reduce State General Funds by $1,792,628 and Total Funds by $4,998,963 due to revenue estimate change) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 $0 $1,792,628 $0 $0 $3,206,335 $0 $0 $4,998,963 73.13 Increase funds for the nursing home per diem rate to align with current fair rental value indices and to recognize capital expenditures associated with facility upgrades. 2554 JOURNAL OF THE SENATE State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $17,650,154 $31,569,461 $49,219,615 $17,650,154 $31,569,461 $49,219,615 $17,650,154 $31,569,461 $49,219,615 73.14 Develop a quality incentive proposal for all home and community based waiver services in partnership with the Department of Human Resources (DHR). (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 73.15 Increase funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. Medical Assistance Program CFDA93.778 $149,586,628 $149,586,628 $149,586,628 73.16 Realign Medicaid benefits and utilize FY08 state fund reserves for FY08 Incurred But Not Reported (IBNR) claims expense. Medical Assistance Program CFDA93.778 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $114,243,639 $63,872,418 $178,116,057 $114,243,639 $63,872,418 $178,116,057 $114,243,639 $63,872,418 $178,116,057 73.17 Increase funds to provide access to tobacco cessation therapy medication to all members of the Medicaid population who are tobacco users and are seeking such therapy. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $1,908,100 $0 $3,412,870 $0 $5,320,970 $0 73.18 Increase funds to raise Ambulance reimbursement rates to 86% of the 2007 Medicare schedule. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $1,400,743 $2,505,400 $3,906,143 $1,400,743 $2,505,400 $3,906,143 73.19 Increase funds to raise ICWP rates by 2.5% for personal support. (S:Increase funds to raise ICWP rates by 5% for personal support) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $295,567 $528,658 $824,225 $591,134 $1,057,316 $1,648,450 73.20 Increase Dental reimbursement rates by 2.5%. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $90,553 $161,965 $252,518 $90,553 $161,965 $252,518 FRIDAY, MARCH 28, 2008 2555 73.100 -Medicaid: Aged, Blind, and Disabled Appropriation (HB 990) The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals. TOTAL STATE FUNDS $1,143,408,600 $1,138,525,325 $1,139,485,829 State General Funds $1,143,408,600 $1,138,525,325 $1,139,485,829 TOTAL FEDERAL FUNDS $2,941,613,168 $2,932,878,835 $2,934,596,816 Medical Assistance Program CFDA93.778 $2,941,613,168 $2,932,878,835 $2,934,596,816 TOTAL AGENCY FUNDS $271,857,210 $271,857,210 $271,857,210 Reserved Fund Balances $209,514,222 $209,514,222 $209,514,222 Reserved Fund Balances Not Itemized $209,514,222 $209,514,222 $209,514,222 Intergovernmental Transfers $62,342,988 $62,342,988 $62,342,988 Hospital Authorities $62,342,988 $62,342,988 $62,342,988 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $267,288,632 $267,288,632 $267,288,632 State Funds Transfers $267,288,632 $267,288,632 $267,288,632 Optional Medicaid Services Payments $267,288,632 $267,288,632 $267,288,632 TOTAL PUBLIC FUNDS $4,624,167,610 $4,610,550,002 $4,613,228,487 Medicaid: Low-Income Medicaid Continuation Budget The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $981,795,155 $981,795,155 $981,795,155 State General Funds $930,821,499 $930,821,499 $930,821,499 Tobacco Settlement Funds $50,973,656 $50,973,656 $50,973,656 TOTAL FEDERAL FUNDS $1,837,234,253 $1,837,234,253 $1,837,234,253 Medical Assistance Program CFDA93.778 $1,837,234,253 $1,837,234,253 $1,837,234,253 TOTAL AGENCY FUNDS $92,154,594 $92,154,594 $92,154,594 Reserved Fund Balances $79,826,278 $79,826,278 $79,826,278 Reserved Fund Balances Not Itemized $79,826,278 $79,826,278 $79,826,278 Intergovernmental Transfers $12,328,316 $12,328,316 $12,328,316 Hospital Authorities $12,328,316 $12,328,316 $12,328,316 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $13,416,847 $13,416,847 $13,416,847 State Funds Transfers $13,416,847 $13,416,847 $13,416,847 Optional Medicaid Services Payments $13,416,847 $13,416,847 $13,416,847 TOTAL PUBLIC FUNDS $2,924,600,849 $2,924,600,849 $2,924,600,849 74.1 Increase funds to add 100 Independent Care Waiver Program (ICWP) slots for the Money Follows the Person Demonstration 2556 JOURNAL OF THE SENATE Grant to move qualified members from institutions to the community. (G:Reduce State General Funds by $3,683, and Total Funds by $10,271, due to revenue estimate change) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 $3,683 $3,683 $0 $6,588 $6,588 $0 $10,271 $10,271 74.2 Increase funds for fifty slots in the ICWP program to address the community waiting list. (G:Reduce State General Funds by $2,020, and Total Funds by $5,633, due to revenue estimate change)(S:Increase funds for 100 slots in the ICWP program) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 $2,020 $4,040 $0 $3,613 $7,226 $0 $5,633 $11,266 74.3 Increase funds to update the maximum allowable reimbursement to 88.5% of the 2007 Resource Based Relative Value Scale (RBRVS), as specified by Medicare for the Atlanta area, for providers of the following services: Physician, Physician Assistant, Nurse Midwife, Advanced Nurse Practitioners, Podiatry, Oral Maxillofacial Surgery, Children's Intervention Services, Children's Intervention School Services, Psychological Services, Dialysis Professional Services, Vision, and Family Planning. (H and S:Update the maximum allowable reimbursement to 85.15% of the January 1, 2008 Resource Based Relative Value Scale (RBRVS), as specified by Medicare for the Atlanta area for non-participating Medicare providers. Medicaid providers subject to this change include Physicians, Physician Assistants, Nurse Midwives, Advanced Nurse Practitioners, Podiatrists, Oral Maxillofacial Surgeons, providers of Children's Intervention Services and Psychologists, Optometrists, and providers of Family Planning. This will not apply to providers of professional services for dialysis) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $6,634,288 $11,866,237 $18,500,525 $6,634,288 $11,866,237 $18,500,525 $6,634,288 $11,866,237 $18,500,525 74.4 Increase funds to raise the cost coverage for inpatient hospital services from 95.1% to 98.6% of cost for designated trauma hospitals Levels I through III, and to raise the cost coverage from 90.1% to 92.6% of cost for all other hospitals. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $8,790,794 $15,723,411 $24,514,205 $8,790,794 $15,723,411 $24,514,205 $8,790,794 $15,723,411 $24,514,205 74.5 Increase funds to update outpatient hospital reimbursement to a facility-wide Cost-to-Charge ratio to determine cost, and pay 100% of cost for designated trauma hospitals Levels I through III, and 95% of cost for all other hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and, increase the triage fee for non-emergency use of the emergency room from $50 to $60. (H and S:Effective July 1, 2008, Care Management Organizations will use Medicaid-specific cost-to-charge ratios to determine cost, and increase the percent of cost coverage for FRIDAY, MARCH 28, 2008 2557 services subject to cost settlement from 85.6% of cost to 90.7% of cost for designated trauma hospitals Levels I through III, and 88.3% of cost for all other non-state, non-critical access hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and, increase the triage fee for non-emergency use of the Emergency Room from $50 to $60) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $4,116,621 $7,363,081 $11,479,702 $4,116,621 $7,363,081 $11,479,702 $4,116,621 $7,363,081 $11,479,702 74.6 Increase funds to raise the cap for home health services to $90 and pay the lesser of the cap or 100% of cost, according to FY06 cost reports. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $232,918 $416,601 $649,519 $232,918 $416,601 $649,519 $232,918 $416,601 $649,519 74.7 Increase funds to raise the Healthcheck reimbursement rate by 2.5%. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $491,362 $878,862 $1,370,224 $491,362 $878,862 $1,370,224 $491,362 $878,862 $1,370,224 74.8 Increase funds to provide coverage for digital mammography services. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $223,778 $400,253 $624,031 $223,778 $400,253 $624,031 $223,778 $400,253 $624,031 74.9 Increase funds to raise the codes for global maternity delivery rates by 2.5%. (H and S:Increase codes for global maternity delivery rates by 5%) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $622,914 $1,114,159 $1,737,073 $1,245,828 $2,228,316 $3,474,144 $1,245,828 $2,228,316 $3,474,144 74.10 Increase funds for an additional 1% add-on to per diems for nursing facilities meeting the requirements of the quality incentive program. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $372 $665 $1,037 $0 $372 $0 $665 $0 $1,037 74.11 Reduce Care Management Organization (CMO) fees to reflect projected revenue due to lower program enrollment. 2558 JOURNAL OF THE SENATE State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($26,538,557) ($47,467,458) ($74,006,015) ($26,538,557) ($47,467,458) ($74,006,015) ($26,538,557) ($47,467,458) ($74,006,015) 74.12 Develop a quality incentive proposal for all home and community based waiver services in partnership with DHR. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 74.13 Increase funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. Medical Assistance Program CFDA93.778 $98,550,081 $98,550,081 $98,550,081 74.14 Realign Medicaid benefits and utilize FY08 state fund reserves for FY08 Incurred But Not Reported (IBNR) claims expense. Medical Assistance Program CFDA93.778 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $252,246,315 $141,028,264 $393,274,579 $252,246,315 $141,028,264 $393,274,579 $252,246,315 $141,028,264 $393,274,579 74.15 Reduce funds to reflect cost avoidance by funded eligibility positions. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($2,262,903) ($4,047,479) ($6,310,382) ($2,262,903) ($4,047,479) ($6,310,382) 74.16 Reduce Medicaid benefits to reflect projected expenditures. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($9,000,000) ($16,097,602) ($25,097,602) ($9,000,000) ($16,097,602) ($25,097,602) 74.17 Increase funds to raise Ambulance reimbursement rates to 86% of the 2007 Medicare schedule. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $49,439 $88,428 $137,867 $49,439 $88,428 $137,867 74.18 Effective July 1, 2008, Care Management Organizations are required to increase their current per unit reimbursement rates and fixed outpatient hospital reimbursement rates for their contracted providers at the percent mandated in HB 990 (2008 Session). (H:YES)(S:YES) State General Funds $0 $0 74.19 Effective July 1, 2008, Care Management Organizations are required to apply provider increases where applied to Critical Access Hospitals and are to be paid at the Medicare Critical Access rate of 101%. (H:YES)(S:YES) FRIDAY, MARCH 28, 2008 2559 State General Funds $0 $0 74.20 Increase funds to provide for a Medicaid expansion for Foster Care children up to the age of 21. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $1,100,000 $1,967,485 $3,067,485 $1,100,000 $1,967,485 $3,067,485 74.21 Increase ICWP rates by 2.5% for personal support. (S:Increase funds to raise ICWP rates by 5% for personal support) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $765 $1,368 $2,133 $1,530 $2,736 $4,266 74.22 Increase Dental reimbursement rates by 2.5%. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $920,625 $1,646,651 $2,567,276 $920,625 $1,646,651 $2,567,276 74.23 Increase funds to provide access to tobacco cessation therapy medication to all members of the Medicaid population who are tobacco users and are seeking such therapy. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $600,000 $0 $1,073,173 $0 $1,673,173 $0 74.24 Utilize existing funds for Psychological Residential Treatment Facilities (PRTF's) to allow for a rate increase in per diem from $299 to $309 a day. (H:YES)(S:YES; Implement by July 1, 2008 an increase in per diem rates for psychiatric residential treatment centers consistent with other states and sufficient to reimburse all covered medical and behavioral health) State General Funds $0 $0 74.100 -Medicaid: Low-Income Medicaid Appropriation (HB 990) The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $976,369,645 $968,405,816 $967,808,973 State General Funds $925,395,989 $917,432,160 $916,835,317 Tobacco Settlement Funds $50,973,656 $50,973,656 $50,973,656 TOTAL FEDERAL FUNDS $2,178,326,460 $2,164,082,177 $2,163,014,650 Medical Assistance Program CFDA93.778 $2,178,326,460 $2,164,082,177 $2,163,014,650 TOTAL AGENCY FUNDS $233,182,858 $233,182,858 $233,182,858 Reserved Fund Balances $220,854,542 $220,854,542 $220,854,542 2560 JOURNAL OF THE SENATE Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $220,854,542 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,401,295,810 $220,854,542 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,379,087,698 $220,854,542 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,377,423,328 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 State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $120,805,958 $120,805,958 $204,115,930 $204,115,930 $324,921,888 $120,805,958 $120,805,958 $204,115,930 $204,115,930 $324,921,888 $120,805,958 $120,805,958 $204,115,930 $204,115,930 $324,921,888 75.1 Increase funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. Medical Assistance Program CFDA93.778 $10,948,871 $10,948,871 $10,948,871 75.100 -Nursing Home Provider Fees Appropriation (HB 990) 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 $120,805,958 $120,805,958 $120,805,958 State General Funds $120,805,958 $120,805,958 $120,805,958 TOTAL FEDERAL FUNDS $215,064,801 $215,064,801 $215,064,801 Medical Assistance Program CFDA93.778 $215,064,801 $215,064,801 $215,064,801 TOTAL PUBLIC FUNDS $335,870,759 $335,870,759 $335,870,759 PeachCare Continuation Budget The purpose of this appropriation is to improve access to healthcare for qualified low-income families. TOTAL STATE FUNDS $81,348,701 $81,348,701 $81,348,701 FRIDAY, MARCH 28, 2008 2561 State General Funds $81,348,701 $81,348,701 $81,348,701 TOTAL FEDERAL FUNDS $232,325,023 $232,325,023 $232,325,023 State Children's Insurance Program CFDA93.767 $232,325,023 $232,325,023 $232,325,023 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $151,783 $151,783 $151,783 State Funds Transfers $151,783 $151,783 $151,783 Optional Medicaid Services Payments $151,783 $151,783 $151,783 TOTAL PUBLIC FUNDS $313,825,507 $313,825,507 $313,825,507 76.1 Increase funds to update the maximum allowable reimbursement to 88.5% of the 2007 Resource Based Relative Value Scale (RBRVS), as specified by Medicare for the Atlanta area, for providers of the following services: Physician, Physician Assistant, Nurse Midwife, Advanced Nurse Practitioners, Podiatry, Oral Maxillofacial Surgery, Children's Intervention Services, Children's Intervention School Services, Psychological Services, Dialysis Professional Services, Vision, and Family Planning. (H and S:Update the maximum allowable reimbursement to 85.15% of the January 1, 2008 Resource Based Relative Value Scale (RBRVS), as specified by Medicare for the Atlanta area, for non-participating Medicare providers. Medicaid providers subject to this change include Physicians, Physician Assistants, Nurse Midwives, Advanced Nurse Practitioners, Podiatrists, Oral Maxillofacial Surgeons, Providers of Children's Intervention Services and Psychologists, Optometrists, and Providers of Family Planning. This will not apply to Providers of professional services for Dialysis) State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $230,301 $689,799 $920,100 $230,301 $689,799 $920,100 $230,301 $689,799 $920,100 76.2 Increase funds to raise the cost coverage for inpatient hospital services from 95.1% to 98.6% of cost for designated trauma hospitals Levels I through III and to raise the cost coverage from 90.1% to 92.6% of cost for all other hospitals. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $224,058 $671,100 $895,158 $224,058 $671,100 $895,158 $224,058 $671,100 $895,158 76.3 Increase funds to update outpatient hospital reimbursement to a facility-wide Cost-to-Charge ratio to determine cost, and pay 100% of cost for designated trauma hospitals Levels I through III and 95% of cost for all other hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and increase the triage fee for non-emergency use of the emergency room from $50 to $60. (H and S:Effective July 1, 2008, Care Management Organization's will use Medicaid-specific cost-to-charge ratios to determine cost, and increase the percent of cost coverage for services subject to cost settlement from 85.6% of cost to 90.7% of cost for designated trauma hospitals Levels I through III and 88.3% of cost for all other non-state, non-critical access hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and increase the triage fee for non-emergency use of the Emergency Room from $50 to $60) 2562 JOURNAL OF THE SENATE State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $389,208 $1,165,758 $1,554,966 $389,208 $1,165,758 $1,554,966 $389,208 $1,165,758 $1,554,966 76.4 Increase funds to raise the cap for home health services to $90 and pay the lesser of the cap or 100% of cost, according to FY06 cost reports. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $4,254 $12,743 $16,997 $4,254 $12,743 $16,997 $4,254 $12,743 $16,997 76.5 Increase funds to raise the Healthcheck reimbursement rate by 2.5%. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $47,683 $142,820 $190,503 $47,683 $142,820 $190,503 $47,683 $142,820 $190,503 76.6 Increase funds to provide coverage for digital mammography services. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $21,146 $63,337 $84,483 $21,146 $63,337 $84,483 $21,146 $63,337 $84,483 76.7 Increase funds to raise the codes for global maternity delivery rates by 2.5%. (H and S:Increase codes for global maternity delivery rates by 5%) State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $52,039 $155,868 $207,907 $104,078 $311,735 $415,813 $104,078 $311,735 $415,813 76.8 Increase funds to cover projected benefit expenditures. State General Funds $17,296,679 $17,296,679 $17,296,679 76.9 Reduce Care Management Organization (CMO) fees to reflect projected revenue. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($1,257,367) ($3,766,073) ($5,023,440) ($1,257,367) ($3,766,073) ($5,023,440) ($1,257,367) ($3,766,073) ($5,023,440) 76.10 Increase funds to reflect changes in the Federal Financial Participation (FFP) rate for PeachCare. State Children's Insurance Program CFDA93.767 $10,631,858 $10,631,858 $10,631,858 76.11 Increase funds to raise Ambulance reimbursement rates to 86% of the 2007 Medicare schedule. FRIDAY, MARCH 28, 2008 2563 State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $47,866 $143,370 $191,236 $47,866 $143,370 $191,236 76.12 Effective July 1, 2008, Care Management Organizations are required to increase their current per unit reimbursement rates and fixed outpatient hospital reimbursement rates for their contracted providers at the percent mandated in HB 990 (2008 Session). (H:YES)(S:YES) State General Funds $0 $0 76.13 Effective July 1, 2008, Care Management Organizations are required to apply provider increases where applied to Critical Access Hospitals and are to be paid at the Medicare Critical Access rate of 101%. (H:YES)(S:YES) State General Funds $0 $0 76.14 Increase Dental reimbursement rates by 2.5%. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $216,322 $647,929 $864,251 $216,322 $647,929 $864,251 76.99 SAC: The purpose of this appropriation is to improve access to healthcare for qualified low-income Georgia children. House: The purpose of this appropriation is to improve access to healthcare for qualified low-income Georgia children. Gov Rev: The purpose of this appropriation is to improve access to healthcare for qualified low-income Georgia children. State General Funds $0 $0 $0 76.100 -PeachCare Appropriation (HB 990) The purpose of this appropriation is to improve access to healthcare for qualified low-income Georgia children. TOTAL STATE FUNDS $98,356,702 $98,672,929 $98,672,929 State General Funds $98,356,702 $98,672,929 $98,672,929 TOTAL FEDERAL FUNDS $242,092,233 $243,039,399 $243,039,399 State Children's Insurance Program CFDA93.767 $242,092,233 $243,039,399 $243,039,399 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $151,783 $151,783 $151,783 State Funds Transfers $151,783 $151,783 $151,783 Optional Medicaid Services Payments $151,783 $151,783 $151,783 TOTAL PUBLIC FUNDS $340,600,718 $341,864,111 $341,864,111 State Health Benefit Plan Continuation Budget 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. The employer contribution rate for the teachers' 2564 JOURNAL OF THE SENATE health benefit plan shall not exceed 18.534% and for the state employees' health benefit plan it shall not exceed 22.843%. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,687,375,431 $2,687,375,431 $2,687,375,431 State Funds Transfers $2,687,375,431 $2,687,375,431 $2,687,375,431 Health Insurance Payments $2,687,375,431 $2,687,375,431 $2,687,375,431 TOTAL PUBLIC FUNDS $2,687,375,431 $2,687,375,431 $2,687,375,431 77.1 Increase funds to implement optimal pricing strategies to incentivize member enrollment in Consumer Driven Health Plans (CDHP) while increasing employee premiums by an average of 7.5%. Health Insurance Payments $24,177,001 $24,177,001 $24,177,001 77.2 Increase funds for Other Post-Employment Benefits (OPEB) for retiree health care for state employees and their dependents by increasing the percent of payroll contribution from 22.843% to 24.182%. (G, H, and S:Reduce by $40,540,022 due to revenue estimate change) Health Insurance Payments $0 $0 $0 77.3 Increase funds to reflect appropriated employer contributions for premium payments and OPEB for legislative and judicial agencies as reflected in HB95 (FY08). Health Insurance Payments $9,898,650 $9,898,650 $9,898,650 77.4 Effective July 1, 2008, the current pharmacy benefit manager will guarantee: Independents: AWP -13% + $3.41 per script dispensing fee and Chains: AWP - 13.5% + $2.25 per script dispensing fee. (H:YES)(S:Effective July 1, 2008, the current pharmacy benefit manager will guarantee for Independents: AWP -13% + $3.41 per script dispensing fee) Health Insurance Payments $0 $0 77.5 Apply Social Security Act 1833(h)(5)(A); In a case of billing of request for payment for a clinical diagnostic laboratory test for which payment may otherwise be made under this part on an assignment-related basis or under a provider agreement under section 1866, payment may only be made to the person or entity which performed or supervised the performance of such tests. (H:YES)(S:YES) Health Insurance Payments $0 $0 77.6 Reduce funds to reflect funds that were prepaid in HB989 (FY08A) for health insurance for non-certified personnel and retired teachers. (H:YES)(S:YES) Reserved Fund Balances Not Itemized Health Insurance Payments TOTAL PUBLIC FUNDS ($30,345,470) $30,345,470 ($30,345,470) $0 FRIDAY, MARCH 28, 2008 2565 77.7 Reduce employer contribution rate from 22.843% to 22.165% due to sufficient level of reserves. Health Insurance Payments ($16,707,916) 77.99 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. House: 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. Gov Rev: 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. Health Insurance Payments $0 $0 $0 77.100 -State Health Benefit Plan Appropriation (HB 990) 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. TOTAL AGENCY FUNDS $30,345,470 Reserved Fund Balances $30,345,470 Reserved Fund Balances Not Itemized $30,345,470 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,721,451,082 $2,691,105,612 $2,674,397,696 State Funds Transfers $2,721,451,082 $2,691,105,612 $2,674,397,696 Health Insurance Payments $2,721,451,082 $2,691,105,612 $2,674,397,696 TOTAL PUBLIC FUNDS $2,721,451,082 $2,691,105,612 $2,704,743,166 Composite Board of Medical Examiners Continuation Budget 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 $2,366,731 $2,366,731 $2,366,731 State General Funds $2,366,731 $2,366,731 $2,366,731 TOTAL PUBLIC FUNDS $2,366,731 $2,366,731 $2,366,731 78.1 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $27,226 $27,226 $31,690 78.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $5,054 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $20,216 $25,270 $25,270 78.3 Increase funds for performance based salary adjustments. 2566 JOURNAL OF THE SENATE State General Funds $10,108 $0 $0 78.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $282 $282 $282 78.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $19,078 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($9,660) 78.6 Increase funds for three replacement vehicles in excess of 135,000 miles for investigative agents. (G, H, and S:Reduce by $45,000 due to revenue estimate change) State General Funds $0 $0 $0 78.7 Reduce funds due to implementation of new technology. State General Funds ($15,000) ($15,000) ($15,000) 78.100 -Composite Board of Medical Examiners Appropriation (HB 990) 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 $2,409,563 $2,404,509 $2,399,313 State General Funds $2,409,563 $2,404,509 $2,399,313 TOTAL PUBLIC FUNDS $2,409,563 $2,404,509 $2,399,313 Physician Workforce, Georgia Board of: Board Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS $591,850 $591,850 $591,850 State General Funds $591,850 $591,850 $591,850 TOTAL PUBLIC FUNDS $591,850 $591,850 $591,850 79.1 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $6,486 $6,486 $7,407 79.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,143 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $4,573 $5,716 $5,716 79.3 Increase funds for performance based salary adjustments. FRIDAY, MARCH 28, 2008 2567 State General Funds $2,287 $0 $0 79.4 Increase funds to make special adjustments to selected job classes. State General Funds $31,977 $23,430 $23,430 79.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $4,755 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,408) 79.6 Increase funds for a physician matching services program to increase Georgia's ability to recruit needed physicians. [OneTime Change] State General Funds $82,424 $82,424 $82,424 79.7 Increase funds for operating expenses, including one-time funds of $5,000 for cost shared with State Medical Education Board. [One-Time Change] State General Funds $17,500 $17,500 $17,500 79.8 Increase funds for inflationary increases to data broker contracts, and for participation in the Governor's Intern Program. State General Funds $20,500 $20,500 $20,500 79.9 Increase funds for a Medical Education study to evaluate Georgia's teaching institutions' capacity to expand their residency programs. State General Funds $110,000 $110,000 $110,000 79.100 -Physician Workforce, Georgia Board of: Board Administration Appropriation (HB 990) The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS $867,597 $857,906 $856,419 State General Funds $867,597 $857,906 $856,419 TOTAL PUBLIC FUNDS $867,597 $857,906 $856,419 Physician Workforce, Education Georgia Board of: Graduate Medical Continuation Budget The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support and development of medical education programs. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,212,223 $7,212,223 $7,212,223 $7,212,223 $7,212,223 $7,212,223 $7,212,223 $7,212,223 $7,212,223 2568 JOURNAL OF THE SENATE 80.1 Increase funds for two pediatric residency slots at Medical Center of Central Georgia and two pediatric residency slots at Memorial Health University Medical Center. State General Funds $72,534 $72,534 $72,534 80.2 Increase funds for two additional family medicine residency slots at Medical Center of Central Georgia. State General Funds $43,800 $43,800 $43,800 80.3 Increase funds for three additional general surgery residency slots at Memorial Health University Medical Center, and four general surgery slots at Medical Center of Central Georgia. (H:Add three pediatric residency slots at Morehouse School of Medicine, and four general surgery slots at Medical Center of Central Georgia)(S:Add one pediatric residency slot each at Memorial Health University Center, Medical Center of Central Georgia, and Morehouse School of Medicine, and four general surgery slots at Medical Center of Central Georgia) State General Funds $126,000 $126,000 $126,000 80.4 Increase funds for two additional OB/GYN residency slots at Memorial Health University Medical Center. State General Funds $36,000 $36,000 $36,000 80.5 Increase funds to raise the Family Medicine Residency Capitation rate from $19,319.50 to $22,000 for all 202 slots. State General Funds $541,461 $541,461 80.6 Increase funds to raise Residency Capitation (All Specialties) from $2,353.68 to $3,353.68 for all 825 slots. State General Funds $825,000 $825,000 80.7 Increase funds to provide state funding for the 297 Residency slots at the Medical College of Georgia. State General Funds $996,043 $0 80.100 -Physician Education Workforce, Georgia Board of: Graduate Medical Appropriation (HB 990) The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support and development of medical education programs. TOTAL STATE FUNDS $7,490,557 $9,853,061 $8,857,018 State General Funds $7,490,557 $9,853,061 $8,857,018 TOTAL PUBLIC FUNDS $7,490,557 $9,853,061 $8,857,018 Physician Grant Workforce, Georgia Board of: Mercer School of Medicine Continuation Budget The purpose of this appropriation is for the Mercer University School of Medicine Program of the GBPW to help ensure an adequate FRIDAY, MARCH 28, 2008 2569 supply of primary and other needed physician specialists through a public/private partnership with Mercer University School of Medicine. TOTAL STATE FUNDS $24,560,862 $24,560,862 $24,560,862 State General Funds $24,560,862 $24,560,862 $24,560,862 TOTAL PUBLIC FUNDS $24,560,862 $24,560,862 $24,560,862 81.100 -Physician Workforce, Medicine Grant Georgia Board of: Mercer School of Appropriation (HB 990) The purpose of this appropriation is for the Mercer University School of Medicine Program of the GBPW to help 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 $24,560,862 $24,560,862 $24,560,862 State General Funds $24,560,862 $24,560,862 $24,560,862 TOTAL PUBLIC FUNDS $24,560,862 $24,560,862 $24,560,862 Physician Workforce, Medicine Grant Georgia Board of: Morehouse School of Continuation Budget The purpose of this appropriation is for the Morehouse School of Medicine Program of the GBPW to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with Morehouse School of Medicine. TOTAL STATE FUNDS $11,247,293 $11,247,293 State General Funds $11,247,293 $11,247,293 TOTAL PUBLIC FUNDS $11,247,293 $11,247,293 82.1 Increase funds to support the class size expansion at Morehouse School of Medicine. $11,247,293 $11,247,293 $11,247,293 State General Funds $1,750,000 $1,750,000 82.100 -Physician Workforce, Medicine Grant Georgia Board of: Morehouse School of Appropriation (HB 990) The purpose of this appropriation is for the Morehouse School of Medicine Program of the GBPW to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with Morehouse School of Medicine. TOTAL STATE FUNDS $11,247,293 $12,997,293 $12,997,293 State General Funds $11,247,293 $12,997,293 $12,997,293 TOTAL PUBLIC FUNDS $11,247,293 $12,997,293 $12,997,293 Physician Workforce, Education Georgia Board of: Undergraduate Medical Continuation Budget The purpose of this appropriation is to ensure an adequate supply of primary care and other needed physician specialists through a 2570 JOURNAL OF THE SENATE public/private partnership with certain private medical schools in Georgia. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,538,484 $3,538,484 $3,538,484 $3,538,484 $3,538,484 $3,538,484 $3,538,484 $3,538,484 $3,538,484 83.100 -Physician Education Workforce, Georgia Board of: Undergraduate Medical Appropriation (HB 990) 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. TOTAL STATE FUNDS $3,538,484 $3,538,484 $3,538,484 State General Funds $3,538,484 $3,538,484 $3,538,484 TOTAL PUBLIC FUNDS $3,538,484 $3,538,484 $3,538,484 Medical Education Board, State Continuation Budget The purpose of this appropriation is to ensure an adequate supply of physicians 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 $1,427,409 $1,427,409 $1,427,409 State General Funds $1,427,409 $1,427,409 $1,427,409 TOTAL PUBLIC FUNDS $1,427,409 $1,427,409 $1,427,409 84.1 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $2,302 $2,302 $3,534 84.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $541 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $2,163 $2,704 $2,704 84.3 Increase funds for performance based salary adjustments. State General Funds $1,082 $0 $0 84.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,114 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,070) 84.5 Increase funds for operating expenses, including one-time funds of $5,000 for cost shared with Georgia Board of Physician FRIDAY, MARCH 28, 2008 2571 Workforce. (G, H, and S:Reduce by $12,548 due to revenue estimate change) State General Funds $0 $0 $0 84.6 Increase funds to reflect default payment collections to make more funds available for the Physicians for Rural Area Assistance program. (G, H, and S:Reduce by $200,000 due to revenue estimate change) State General Funds $0 $0 $0 84.7 Increase funds to make special adjustments to selected job classes. State General Funds $8,547 $8,547 84.100 -Medical Education Board, State Appropriation (HB 990) The purpose of this appropriation is to ensure an adequate supply of physicians 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 $1,432,956 $1,440,962 $1,441,124 State General Funds $1,432,956 $1,440,962 $1,441,124 TOTAL PUBLIC FUNDS $1,432,956 $1,440,962 $1,441,124 Section 17: Corrections, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances 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 Contributions, Donations, and Forfeitures Section Total - Continuation $1,100,549,710 $1,100,549,710 $1,100,549,710 $1,100,549,710 $3,111,139 $3,111,139 $3,111,139 $3,111,139 $20,965,509 $20,965,509 $53,716 $53,716 $3,406,391 $3,406,391 $17,505,402 $17,505,402 $1,124,626,358 $1,124,626,358 Section Total - Final $1,168,731,335 $1,150,985,661 $1,168,731,335 $1,150,985,661 $7,491,977 $7,491,977 $7,491,977 $7,491,977 $51,250,548 $51,250,548 $444,043 $444,043 $1,100,549,710 $1,100,549,710 $3,111,139 $3,111,139 $20,965,509 $53,716 $3,406,391 $17,505,402 $1,124,626,358 $1,154,562,720 $1,154,562,720 $8,199,776 $8,199,776 $53,593,828 $444,043 2572 JOURNAL OF THE SENATE Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency Funds Transfers TOTAL PUBLIC FUNDS $53,716 $17,719,869 $28,793 $4,406,391 $28,597,736 $214,025 $214,025 $1,227,687,885 $53,716 $17,719,869 $28,793 $4,406,391 $28,597,736 $214,025 $214,025 $1,209,942,211 $53,716 $17,719,869 $28,793 $2,614,302 $32,733,105 $1,170,349 $214,025 $956,324 $1,217,526,673 Bainbridge Probation Substance Abuse Treatment Center Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 85.1 Increase funds to reflect projected revenue receipts. $6,235,613 $6,235,613 $20,743 $20,743 $7,046 $7,046 $7,046 $6,263,402 $6,235,613 $6,235,613 $20,743 $20,743 $7,046 $7,046 $7,046 $6,263,402 $6,235,613 $6,235,613 $20,743 $20,743 $7,046 $7,046 $7,046 $6,263,402 Intergovernmental Transfers Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $112,082 $165,000 $277,082 $112,082 $165,000 $277,082 $112,082 $165,000 $277,082 85.2 Annualize the cost of the FY08 salary adjustment. State General Funds $47,567 $47,567 $47,567 85.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $9,070 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $36,278 $45,348 $45,348 85.4 Increase funds for performance based salary adjustments. (S:Utilize funds to address compression issues) State General Funds $18,139 $0 $18,139 FRIDAY, MARCH 28, 2008 2573 85.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $2,752 $2,752 $2,752 85.6 Increase funds to make special adjustments to selected job classes. State General Funds $23,217 $23,217 $23,217 85.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $35,384 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($17,917) 85.8 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $12,737 $12,737 $12,737 85.9 Increase funds for the continuation of Residential Substance Abuse Treatment (RSAT) services to replace the loss of agency funds. State General Funds $26,427 $26,427 $26,427 85.10 Reduce funds by 2.5% to reflect operational efficiencies. State General Funds ($155,890) $0 85.11 Increase funds to provide a special pay raise effective January 1, 2009 to address recruitment, retention, and compression issues for the following positions: Correctional Officer. State General Funds $32,681 $0 85.100 -Bainbridge Probation Substance Abuse Treatment Center Appropriation (HB 990) 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 $6,402,730 $6,270,452 $6,393,883 State General Funds $6,402,730 $6,270,452 $6,393,883 TOTAL FEDERAL FUNDS $20,743 $20,743 $20,743 Federal Funds Not Itemized $20,743 $20,743 $20,743 TOTAL AGENCY FUNDS $284,128 $284,128 $284,128 Intergovernmental Transfers $112,082 $112,082 $112,082 Intergovernmental Transfers Not Itemized $112,082 $112,082 $112,082 Sales and Services $172,046 $172,046 $172,046 Sales and Services Not Itemized $172,046 $172,046 $172,046 2574 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $6,707,601 $6,575,323 $6,698,754 County Jail Subsidy Continuation Budget The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities. TOTAL STATE FUNDS $6,196,724 $6,196,724 $6,196,724 State General Funds $6,196,724 $6,196,724 $6,196,724 TOTAL PUBLIC FUNDS $6,196,724 $6,196,724 $6,196,724 86.1 Reduce one-time funds received for a County Correctional Institution expansion. (S:Transfer to the Offender Management program) State General Funds ($221,216) $0 86.2 Reduce funds by 2.5% to reflect operational efficiencies. State General Funds ($154,918) $0 86.100 -County Jail Subsidy Appropriation (HB 990) The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities. TOTAL STATE FUNDS $6,196,724 $5,820,590 $6,196,724 State General Funds $6,196,724 $5,820,590 $6,196,724 TOTAL PUBLIC FUNDS $6,196,724 $5,820,590 $6,196,724 Departmental Administration Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 87.1 Increase funds to reflect projected revenue receipts. $55,204,846 $55,204,846 $1,836,000 $1,836,000 $57,040,846 $55,204,846 $55,204,846 $1,836,000 $1,836,000 $57,040,846 $55,204,846 $55,204,846 $1,836,000 $1,836,000 $57,040,846 Federal Funds Not Itemized Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $836,421 $21,724 $1,000,000 $371,272 $2,229,417 $836,421 $21,724 $1,000,000 $371,272 $2,229,417 $1,036,421 $21,724 $1,000,000 $753,510 $2,811,655 FRIDAY, MARCH 28, 2008 2575 87.2 Annualize the cost of the FY08 salary adjustment. State General Funds $358,937 $358,937 $358,937 87.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $96,068 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $384,270 $480,338 $480,338 87.4 Increase funds for performance based salary adjustments. (S:Utilize funds to address compression issues) State General Funds $192,135 $0 $192,135 87.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $29,152 $29,152 $29,152 87.6 Increase funds to make special adjustments to selected job classes. State General Funds $6,805 $6,805 $6,805 87.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $356,871 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($180,702) 87.8 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $117,402 $117,402 $117,402 87.9 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $80,896 $53,352 $0 87.10 Reduce funds received for startup costs for the fast track bed expansions at five state prisons. Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison, Wilcox State Prison State General Funds ($10,640) ($10,640) ($10,640) 87.11 Increase funds for twelve months operating costs for the fast track bed expansions at five state prisons (SP). (S:Delay bed openings at Valdosta SP by six months and Smith SP by two months) Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison, Wilcox State Prison State General Funds $16,740 $16,740 $16,740 87.12 Increase funds for start-up and two months operating costs for the 256 bed fast track expansion at Coastal SP. 2576 JOURNAL OF THE SENATE State General Funds $1,135 $1,135 $1,135 87.13 Increase funds for start-up and nine months operating costs for the 256 bed fast track expansion at Ware SP. (S:Delay bed openings by two months) State General Funds $3,121 $3,121 $3,121 87.14 Increase funds for start-up and four months operating costs for the 256 bed fast track expansion at Hays SP. State General Funds $1,703 $1,703 $1,703 87.15 Increase funds for twelve months operating costs for the eighteen bed medical unit at Autry SP. State General Funds $2,298 $2,298 $2,298 87.16 Increase funds for twelve months operating costs for the fourteen bed medical unit at Coastal SP. State General Funds $2,298 $2,298 $2,298 87.17 Increase funds for twelve months operating costs for the ninety-six bed expansion at the Emanuel Probation Detention Center. State General Funds $1,456 $1,456 $1,456 87.18 Increase funds for twelve months operating costs for an additional eight day reporting centers (DRC) within strategic communities and judicial circuits throughout the state, to provide a sentencing option for low-level offenders with drug treatment needs. Include residual funds from the Atlanta DRC and the Athens Diversion Center conversions. (G, H, and S:Reduce by $17,120 due to revenue estimate change) State General Funds $0 $0 $0 87.19 Increase funds for the continuation of Residential Substance Abuse Treatment (RSAT) services to replace the loss of agency funds. State General Funds $362,000 $362,000 $362,000 87.20 Increase funds for twelve months operating costs for the 150 bed expansion at the Dublin Transitional Center. State General Funds $3,405 $3,405 $3,405 87.21 Reduce funds by 2.5% to reflect operational efficiencies. State General Funds ($1,380,121) ($1,380,121) 87.100 -Departmental Administration Appropriation (HB 990) 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 $56,757,959 $55,254,227 $55,212,308 State General Funds $56,757,959 $55,254,227 $55,212,308 TOTAL FEDERAL FUNDS $2,672,421 $2,672,421 $2,872,421 FRIDAY, MARCH 28, 2008 2577 Federal Funds Not Itemized TOTAL AGENCY FUNDS 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 TOTAL PUBLIC FUNDS $2,672,421 $1,392,996 $21,724 $21,724 $1,000,000 $1,000,000 $371,272 $371,272 $60,823,376 $2,672,421 $1,392,996 $21,724 $21,724 $1,000,000 $1,000,000 $371,272 $371,272 $59,319,644 $2,872,421 $1,775,234 $21,724 $21,724 $1,000,000 $1,000,000 $753,510 $753,510 $59,859,963 Detention Centers Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 88.1 Increase funds to reflect projected revenue receipts. $46,080,772 $46,080,772 $127,140 $127,140 $1,190,115 $53,716 $53,716 $1,136,399 $1,136,399 $47,398,027 $46,080,772 $46,080,772 $127,140 $127,140 $1,190,115 $53,716 $53,716 $1,136,399 $1,136,399 $47,398,027 $46,080,772 $46,080,772 $127,140 $127,140 $1,190,115 $53,716 $53,716 $1,136,399 $1,136,399 $47,398,027 Federal Funds Not Itemized Intergovernmental Transfers Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $327,955 $76,154 $4,830,600 $5,234,709 $327,955 $76,154 $4,830,600 $5,234,709 $327,955 $76,154 $4,887,437 $5,291,546 88.2 Annualize the cost of the FY08 salary adjustment. State General Funds $706,700 $706,700 $706,700 88.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $110,624 for a 2% cost of living adjustment due to revenue estimate change) 2578 JOURNAL OF THE SENATE State General Funds $442,495 $553,119 $553,119 88.4 Increase funds for performance based salary adjustments. (S:Utilize funds to address compression issues) State General Funds $221,248 $0 $221,248 88.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $33,570 $33,570 $33,570 88.6 Increase funds to make special adjustments to selected job classes. State General Funds $258,988 $258,988 $258,988 88.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $381,696 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($193,272) 88.8 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $188,398 $188,398 $188,398 88.9 Increase funds for twelve months operating costs for the ninety-six bed expansion at the Emanuel Probation Detention Center. State General Funds $1,483,608 $1,483,608 $1,483,608 88.10 Reduce funds by 2.5% to reflect operational efficiencies. State General Funds ($1,152,019) $0 88.11 Increase funds to provide a special pay raise effective January 1, 2009 to address recruitment, retention, and compression issues for the following positions: Correctional Officer. State General Funds $448,587 $0 88.100 -Detention Centers Appropriation (HB 990) 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 $49,415,779 $48,601,723 $49,333,131 State General Funds $49,415,779 $48,601,723 $49,333,131 TOTAL FEDERAL FUNDS $455,095 $455,095 $455,095 Federal Funds Not Itemized $455,095 $455,095 $455,095 TOTAL AGENCY FUNDS $6,096,869 $6,096,869 $6,153,706 Reserved Fund Balances $53,716 $53,716 $53,716 Reserved Fund Balances Not Itemized $53,716 $53,716 $53,716 FRIDAY, MARCH 28, 2008 2579 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $76,154 $76,154 $5,966,999 $5,966,999 $55,967,743 $76,154 $76,154 $5,966,999 $5,966,999 $55,153,687 $76,154 $76,154 $6,023,836 $6,023,836 $55,941,932 Food and Farm Operations Continuation Budget The purpose of this appropriation is to raise crops and livestock, and produce dairy items used in preparing meals for offenders. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 89.1 Increase funds to reflect projected revenue receipts. $13,288,692 $13,288,692 $22,000 $22,000 $45,000 $45,000 $45,000 $13,355,692 $13,288,692 $13,288,692 $22,000 $22,000 $45,000 $45,000 $45,000 $13,355,692 $13,288,692 $13,288,692 $22,000 $22,000 $45,000 $45,000 $45,000 $13,355,692 Federal Funds Not Itemized Intergovernmental Transfers Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $75,000 $1,869,622 $1,944,622 $75,000 $1,869,622 $1,944,622 ($22,000) $75,000 $2,055,000 $2,108,000 89.2 Annualize the cost of the FY08 salary adjustment. State General Funds $60,287 $60,287 $60,287 89.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $12,651 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $50,603 $63,254 $63,254 89.4 Increase funds for performance based salary adjustments. (S:Utilize funds to address compression issues) State General Funds $25,303 $0 $25,303 89.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $3,839 $3,839 $3,839 89.6 Increase funds to make special adjustments to selected job classes. 2580 JOURNAL OF THE SENATE State General Funds $10,407 $10,407 $10,407 89.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $48,946 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($24,784) 89.8 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $22,117 $22,117 $22,117 89.9 Reduce funds received for startup costs for the fast track bed expansions at five state prisons. Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison, Wilcox State Prison State General Funds ($212,574) ($212,574) ($212,574) 89.10 Increase funds for twelve months operating costs for the fast track bed expansions at five SP. (S:Delay bed openings at Valdosta SP by six months and Smith SP by two months) Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison, Wilcox State Prison State General Funds $280,816 $280,816 $280,816 89.11 Increase funds for start-up and two months operating costs for the 256 bed fast track expansion at Coastal SP. State General Funds $19,706 $19,706 $19,706 89.12 Increase funds for start-up and four months operating costs for the 256 bed fast track expansion at Hays SP. State General Funds $29,560 $29,560 $29,560 89.13 Increase funds for start-up and nine months operating costs for the 256 bed fast track expansion at Ware SP. (S:Delay bed openings by two months) State General Funds $54,193 $54,193 $54,193 89.14 Increase funds to cover the rising cost of food. State General Funds $446,776 $446,776 $446,776 89.15 Increase funds for twelve months operating costs for the ninety-six bed expansion at the Emanuel Probation Detention Center. State General Funds $21,994 $21,994 $21,994 89.16 Increase funds for twelve months operating costs for the 150 bed expansion at the Dublin Transitional Center (TC). State General Funds $2,763 $2,763 $2,763 89.17 Reduce one-time funds received for start-up costs for the Valdosta TC. State General Funds ($4,680) ($4,680) ($4,680) FRIDAY, MARCH 28, 2008 2581 89.18 Increase funds to provide a special pay raise effective January 1, 2009 to address recruitment, retention, and compression issues for the following positions: Correctional Officer, Farm Services. State General Funds $2,686 $0 89.100 -Food and Farm Operations Appropriation (HB 990) The purpose of this appropriation is to raise crops and livestock, and produce dairy items used in preparing meals for offenders. TOTAL STATE FUNDS $14,099,802 $14,089,836 $14,087,669 State General Funds $14,099,802 $14,089,836 $14,087,669 TOTAL FEDERAL FUNDS $22,000 $22,000 Federal Funds Not Itemized $22,000 $22,000 TOTAL AGENCY FUNDS $1,989,622 $1,989,622 $2,175,000 Intergovernmental Transfers $75,000 $75,000 $75,000 Intergovernmental Transfers Not Itemized $75,000 $75,000 $75,000 Sales and Services $1,914,622 $1,914,622 $2,100,000 Sales and Services Not Itemized $1,914,622 $1,914,622 $2,100,000 TOTAL PUBLIC FUNDS $16,111,424 $16,101,458 $16,262,669 Health Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 90.1 Increase funds to reflect projected revenue receipts. $195,137,625 $195,137,625 $8,464,209 $8,464,209 $8,464,209 $203,601,834 $195,137,625 $195,137,625 $8,464,209 $8,464,209 $8,464,209 $203,601,834 $195,137,625 $195,137,625 $8,464,209 $8,464,209 $8,464,209 $203,601,834 Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $55,608 $2,896,290 $2,951,898 $55,608 $2,896,290 $2,951,898 $100,000 $2,926,290 $3,026,290 90.2 Annualize the cost of the FY08 salary adjustment. State General Funds $148,034 $148,034 $148,034 90.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $33,235 for a 2% cost of living 2582 JOURNAL OF THE SENATE adjustment due to revenue estimate change) State General Funds $132,938 $166,173 $166,173 90.4 Increase funds for performance based salary adjustments. State General Funds $66,469 $0 $66,469 90.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $10,085 $10,085 $10,085 90.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $124,586 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($63,084) 90.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $144,991 $144,991 $144,991 90.8 Increase funds for twelve months operating costs for the fast track bed expansion at five state prisons (SP). (S:Delay bed openings at Valdosta SP by six months and Smith SP by two months) Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison, Wilcox State Prison State General Funds $2,573,807 $2,573,807 $2,573,807 90.9 Increase funds for start-up and two months operating costs for the 256 bed fast track expansion at Coastal SP. State General Funds $221,051 $221,051 $221,051 90.10 Increase funds for start-up and four months operating costs for the 256 bed fast track expansion at Hays SP. State General Funds $443,333 $443,333 $443,333 90.11 Increase funds for start-up and nine months operating costs for the 256 bed fast track expansion at Ware SP. (S:Delay bed openings by two months) State General Funds $999,036 $999,036 $999,036 90.12 Increase funds for twelve months operating costs for the eighteen bed medical unit at Autry SP. State General Funds $1,052,500 $1,052,500 $1,052,500 90.13 Increase funds for twelve months operating costs for the fourteen bed medical unit at Coastal SP. State General Funds $1,052,500 $1,052,500 $1,052,500 90.14 Increase funds for a 4% inflationary increase for inmate health care for the Medical College of Georgia (MCG) contract and to cover the increase in direct care claims. FRIDAY, MARCH 28, 2008 2583 State General Funds $11,691,139 $11,691,139 $11,691,139 90.15 Increase funds for crucial unmet needs of a growing inmate mental health population to move towards industry recognized professional staff-to-inmate ratios. State General Funds $2,314,781 $2,314,781 $2,314,781 90.16 Increase funds for the continuation of core mental health services to replace funds no longer available. State General Funds $2,500,000 $2,500,000 $2,000,000 90.17 Increase funds for the continuation of core dental health services to move towards industry recognized professional staff-toinmate ratios. (G, H, and S:Reduce by $1,162,000 due to revenue estimate change) State General Funds $0 $0 $0 90.18 Increase funds for twelve months operating costs for the ninety-six bed expansion at the Emanuel Probation Detention Center. State General Funds $500,021 $500,021 $500,021 90.19 Increase funds for twelve months operating costs for the 150 bed expansion at the Dublin Transitional Center (TC). State General Funds $781,583 $781,583 $781,583 90.20 Reduce one-time funds received for start-up costs for the Valdosta TC. State General Funds ($5,500) ($5,500) ($5,500) 90.100 -Health Appropriation (HB 990) 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 $219,764,393 $219,731,159 $219,234,544 State General Funds $219,764,393 $219,731,159 $219,234,544 TOTAL FEDERAL FUNDS $55,608 $55,608 $100,000 Federal Funds Not Itemized $55,608 $55,608 $100,000 TOTAL AGENCY FUNDS $11,360,499 $11,360,499 $11,390,499 Sales and Services $11,360,499 $11,360,499 $11,390,499 Sales and Services Not Itemized $11,360,499 $11,360,499 $11,390,499 TOTAL PUBLIC FUNDS $231,180,500 $231,147,266 $230,725,043 Offender Management Continuation Budget The purpose of this appropriation is to provide cost effective correctional services that ensures public safety. TOTAL STATE FUNDS $44,724,989 $44,724,989 $44,724,989 2584 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS 91.1 Increase funds to reflect projected revenue receipts. $44,724,989 $44,724,989 $44,724,989 $44,724,989 $44,724,989 $44,724,989 Sales and Services Not Itemized $30,000 $30,000 $30,000 91.2 Annualize the cost of the FY08 salary adjustment. State General Funds $38,537 $38,537 $38,537 91.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $9,203 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $36,810 $46,013 $46,013 91.4 Increase funds for performance based salary adjustments. (S:Utilize funds to address compression issues) State General Funds $18,405 $0 $18,405 91.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $2,793 $2,793 $2,793 91.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $35,508 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($17,980) 91.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $39,477 $39,477 $39,477 91.8 Increase funds for a competitive grant program to increase bed space capacity at County Correctional Institutions, while providing a high skilled, low cost workforce for certain county needs. (G, H, and S:Reduce by $8,000,000 due to revenue estimate change) State General Funds $0 $0 $0 91.9 Reduce funds by 2.5% to reflect operational efficiencies. State General Funds ($1,118,125) $0 91.10 Reduce one-time funds received for a County Correctional Institute expansion. State General Funds ($221,216) 91.100 -Offender Management Appropriation (HB 990) The purpose of this appropriation is to provide cost effective correctional services that ensures public safety. FRIDAY, MARCH 28, 2008 2585 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $44,861,011 $44,861,011 $30,000 $30,000 $30,000 $44,891,011 $43,733,684 $43,733,684 $30,000 $30,000 $30,000 $43,763,684 $44,631,018 $44,631,018 $30,000 $30,000 $30,000 $44,661,018 Parole Revocation Centers Continuation Budget The purpose of this appropriation is to provide a sanction for parole violations. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 92.1 Increase funds to reflect projected revenue receipts. $4,405,937 $4,405,937 $10,510 $10,510 $49,138 $49,138 $49,138 $4,465,585 $4,405,937 $4,405,937 $10,510 $10,510 $49,138 $49,138 $49,138 $4,465,585 $4,405,937 $4,405,937 $10,510 $10,510 $49,138 $49,138 $49,138 $4,465,585 Intergovernmental Transfers Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,585 $305,000 $312,585 $7,585 $305,000 $312,585 $7,585 $355,862 $363,447 92.2 Annualize the cost of the FY08 salary adjustment. State General Funds $68,319 $68,319 $68,319 92.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $9,615 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $38,458 $48,073 $48,073 92.4 Increase funds for performance based salary adjustments. (S:Utilize funds to address compression issues) State General Funds $19,229 $0 $19,229 92.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $2,918 $2,918 $2,918 92.6 Increase funds to make special adjustments to selected job classes. 2586 JOURNAL OF THE SENATE State General Funds $24,818 $24,818 $24,818 92.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $39,655 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($20,079) 92.8 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $17,746 $17,746 $17,746 92.9 Reduce funds by 2.5% to reflect operational efficiencies. State General Funds ($110,148) $0 92.10 Increase funds to provide a special pay raise effective January 1, 2009 to address recruitment, retention, and compression issues for the following positions: Correctional Officer. State General Funds $111,028 $0 92.100 -Parole Revocation Centers Appropriation (HB 990) The purpose of this appropriation is to provide a sanction for parole violations. TOTAL STATE FUNDS $4,577,425 $4,568,691 $4,566,961 State General Funds $4,577,425 $4,568,691 $4,566,961 TOTAL FEDERAL FUNDS $10,510 $10,510 $10,510 Federal Funds Not Itemized $10,510 $10,510 $10,510 TOTAL AGENCY FUNDS $361,723 $361,723 $412,585 Intergovernmental Transfers $7,585 $7,585 $7,585 Intergovernmental Transfers Not Itemized $7,585 $7,585 $7,585 Sales and Services $354,138 $354,138 $405,000 Sales and Services Not Itemized $354,138 $354,138 $405,000 TOTAL PUBLIC FUNDS $4,949,658 $4,940,924 $4,990,056 Private Prisons Continuation Budget The purpose of this appropriation is to provide cost effective correctional services that ensure public safety. TOTAL STATE FUNDS $80,709,877 $80,709,877 $80,709,877 State General Funds $80,709,877 $80,709,877 $80,709,877 TOTAL PUBLIC FUNDS $80,709,877 $80,709,877 $80,709,877 93.1 Increase funds for a 2.5% Consumer Price Index (CPI) adjustment in the per diem rate for the state's three private prisons. FRIDAY, MARCH 28, 2008 2587 Sites: Coffee Correctional Facility, D. Ray James Correctional Facility, Wheeler Correctional Facility State General Funds $2,017,747 $2,017,747 $2,017,747 93.2 Increase funds for twelve months operating costs for capacity maximized additions at private prison facilities adding sixty-four beds. State General Funds $489,626 $489,626 $489,626 93.100 -Private Prisons Appropriation (HB 990) The purpose of this appropriation is to provide cost effective correctional services that ensure public safety. TOTAL STATE FUNDS $83,217,250 $83,217,250 $83,217,250 State General Funds $83,217,250 $83,217,250 $83,217,250 TOTAL PUBLIC FUNDS $83,217,250 $83,217,250 $83,217,250 93.101 Special Project - Private Prisons: Increase funds for one month operating costs for construction expansions at private prisons. (S:Increase funds for start-up costs for construction expansion) State General Funds $490,560 $490,560 $500,000 Probation Diversion Centers Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 94.1 Increase funds to reflect projected revenue receipts. $13,210,013 $13,210,013 $2,812,861 $2,751,287 $2,751,287 $61,574 $61,574 $16,022,874 $13,210,013 $13,210,013 $2,812,861 $2,751,287 $2,751,287 $61,574 $61,574 $16,022,874 $13,210,013 $13,210,013 $2,812,861 $2,751,287 $2,751,287 $61,574 $61,574 $16,022,874 Intergovernmental Transfers Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $414,544 $414,544 $414,544 $292,142 $706,686 94.2 Annualize the cost of the FY08 salary adjustment. State General Funds $207,592 $207,592 $207,592 94.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $34,452 for a 2% cost of living 2588 JOURNAL OF THE SENATE adjustment due to revenue estimate change) State General Funds $137,806 $172,258 $172,258 94.4 Increase funds for performance based salary adjustments. (S:Utilize funds to address compression issues) State General Funds $68,903 $0 $68,903 94.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $10,455 $10,455 $10,455 94.6 Increase funds to make special adjustments to selected job classes. State General Funds $47,634 $47,634 $47,634 94.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $134,561 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($68,135) 94.8 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $56,971 $56,971 $56,971 94.9 Transfer funds to the Probation Supervision program to convert the Athens Diversion Center to the new Athens Day Reporting Center (DRC) and for the expansion of eight additional DRCs. State General Funds ($1,069,332) ($1,069,332) ($1,069,332) 94.10 Reduce funds by 2.5% to reflect operational efficiencies. State General Funds ($330,250) $0 94.11 Increase funds to provide a special pay raise effective January 1, 2009 to address recruitment, retention, and compression issues for the following positions: Correctional Officer. State General Funds $61,334 $0 94.12 Reduce funds to close 395 diversion center beds. State General Funds ($8,423,114) Royalties and Rents Not Itemized ($1,792,089) TOTAL PUBLIC FUNDS ($10,215,203) 94.100 -Probation Diversion Centers Appropriation (HB 990) 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. FRIDAY, MARCH 28, 2008 2589 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $12,670,042 $12,670,042 $3,227,405 $414,544 $414,544 $2,751,287 $2,751,287 $61,574 $61,574 $15,897,447 $12,366,675 $12,366,675 $3,227,405 $414,544 $414,544 $2,751,287 $2,751,287 $61,574 $61,574 $15,594,080 $4,213,245 $4,213,245 $1,727,458 $414,544 $414,544 $959,198 $959,198 $353,716 $353,716 $5,940,703 Probation Supervision The purpose of this appropriation is to supervise probationers. Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 95.1 Increase funds to reflect projected revenue receipts. $82,167,745 $82,167,745 $82,167,745 $82,167,745 $82,167,745 $82,167,745 $82,167,745 $82,167,745 $82,167,745 Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $159,114 $159,114 $159,114 $159,114 $290,000 $159,114 $449,114 95.2 Annualize the cost of the FY08 salary adjustment. State General Funds $1,428,838 $1,428,838 $1,428,838 95.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $167,366 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $669,465 $836,831 $836,831 95.4 Increase funds for performance based salary adjustments. (S:Utilize funds to address compression issues) State General Funds $334,732 $0 $334,732 95.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $50,788 $50,788 $50,788 95.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $696,729 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 2590 JOURNAL OF THE SENATE 22.165%) State General Funds $0 $0 ($352,789) 95.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $362,121 $362,121 $362,121 95.8 Increase funds for twelve months operating costs for an additional eight day reporting centers (DRC) within strategic communities and judicial circuits throughout the state to provide a sentencing option for low-level offenders with drug treatment needs. Include residual funds from the Athens DRC and the Athens Diversion Center conversion. (G and H:Reduce by $5,253,765 due to revenue estimate change)(S:Open two additional DRCs) State General Funds $0 $0 $1,313,441 95.9 Transfer funds from the Probation Diversion Centers program to convert the Athens Diversion Center to the new Athens DRC and for the expansion of eight additional DRCs. State General Funds $1,069,332 $1,069,332 $1,069,332 95.10 Increase funds for forty-three additional hearing officers and utilize six existing hearing officers to serve all forty-nine judicial circuits statewide in support of the expansion of the probation management act in delivering swift, certain, and proportionate sanctions to violations of probation and to allow for more efficient and effective use of alternatives to incarceration. (G, H, and S:Reduce by $1,928,174 due to revenue estimate change) State General Funds $0 $0 $0 95.11 Transfer funds to the State Board of Pardons and Paroles to reflect the conversion of the Atlanta DRC to the Atlanta Parole Reporting Center. State General Funds ($354,981) ($354,981) ($354,981) 95.12 Reduce funds by 2.5% to reflect operational efficiencies. State General Funds ($2,054,194) $0 95.13 Increase funds to provide a special pay raise effective January 1, 2009 to address recruitment, retention, and compression issues for the following positions: Correctional Officer. State General Funds 95.100 -Probation Supervision The purpose of this appropriation is to supervise probationers. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS $448 $0 Appropriation (HB 990) $85,728,040 $85,728,040 $83,506,928 $83,506,928 $86,856,058 $86,856,058 $290,000 FRIDAY, MARCH 28, 2008 2591 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $159,114 $159,114 $159,114 $85,887,154 $159,114 $159,114 $159,114 $83,666,042 $290,000 $159,114 $159,114 $159,114 $87,305,172 State Prisons Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 96.1 Increase funds to reflect projected revenue receipts. $526,810,477 $526,810,477 $1,094,746 $1,094,746 $8,397,140 $655,104 $655,104 $7,742,036 $7,742,036 $536,302,363 $526,810,477 $526,810,477 $1,094,746 $1,094,746 $8,397,140 $655,104 $655,104 $7,742,036 $7,742,036 $536,302,363 $526,810,477 $526,810,477 $1,094,746 $1,094,746 $8,397,140 $655,104 $655,104 $7,742,036 $7,742,036 $536,302,363 Federal Funds Not Itemized Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Not Itemized Agency to Agency Contracts TOTAL PUBLIC FUNDS $3,160,854 $439,181 $17,002,293 $7,069 $465,436 $214,025 $21,288,858 $3,160,854 $439,181 $17,002,293 $7,069 $465,436 $214,025 $21,288,858 $3,356,261 $439,181 $17,002,293 $7,069 $3,603,348 $214,025 $24,622,177 96.2 Annualize the cost of the FY08 salary adjustment. State General Funds $8,287,038 $8,287,038 $8,287,038 96.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,056,285 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $4,225,153 $5,281,438 $5,281,438 2592 JOURNAL OF THE SENATE 96.4 Increase funds for performance based salary adjustments. (S:Utilize funds to address compression issues) State General Funds $2,112,576 $0 $2,112,576 96.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $320,537 $320,537 $320,537 96.6 Increase funds to make special adjustments to selected job classes. State General Funds $2,673,526 $2,673,526 $2,673,526 96.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $4,189,528 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,121,372) 96.8 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,876,911 $1,876,911 $1,876,911 96.9 Reduce funds received for startup costs for the fast track bed expansions at five state prisons. Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison, Wilcox State Prison State General Funds ($11,280,219) ($11,280,219) ($11,280,219) 96.10 Increase funds for twelve months operating costs for the fast track bed expansions at five state prisons (SP). (S:Delay bed openings at Valdosta SP by six months and Smith SP by two months) Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison, Wilcox State Prison State General Funds $12,373,884 $12,373,884 $10,787,380 96.11 Increase funds for start-up and two months operating costs for the 256 bed fast track expansion at Coastal SP. (S:Utilize reserve funds from the Department of Administrative Services (DOAS)-Surplus Property program to purchase one pickup truck, two mini-vans, and nine passenger vans) State General Funds TOTAL PUBLIC FUNDS $1,374,727 $1,374,727 $914,345 $1,145,473 96.12 Increase funds for start-up and four months operating costs for the 256 bed fast track expansion at Hays SP. (S:Utilize reserve funds from the DOAS-Surplus Property program to purchase one pickup truck, two mini-vans, and nine passenger vans) State General Funds TOTAL PUBLIC FUNDS $1,807,453 $1,807,453 $1,353,517 $1,584,645 96.13 Increase funds for start-up and nine months operating costs for the 256 bed fast track expansion at Ware SP. (S:Delay opening of beds by two months and utilize reserve funds from the DOAS-Surplus Property program to purchase one pickup truck, two FRIDAY, MARCH 28, 2008 2593 mini-vans, and nine passenger vans) State General Funds TOTAL PUBLIC FUNDS $2,889,277 $2,889,277 $2,438,920 $2,670,048 96.14 Increase funds for twelve months operating costs for the eighteen bed medical unit at Autry SP. (S:Utilize reserve funds from the DOAS-Surplus Property program to purchase one mini-van) State General Funds TOTAL PUBLIC FUNDS $573,735 $573,735 $557,829 $573,735 96.15 Increase funds for twelve months of operating costs for the fourteen bed medical unit at Coastal SP. (S:Utilize reserve funds from the DOAS-Surplus Property program to purchase one mini-van) State General Funds TOTAL PUBLIC FUNDS $571,326 $571,326 $555,420 $571,326 96.16 Increase funds for the continuation of Residential Substance Abuse Treatment (RSAT) services to replace the loss of agency funds. State General Funds $1,284,251 $1,284,251 $1,284,251 96.17 Reduce one-time funds received to purchase equipment for the inmate construction program. State General Funds ($100,000) ($100,000) 96.18 Reduce funds by 2.5% to reflect operational efficiencies. State General Funds ($13,170,262) $0 96.19 Increase funds to provide a special pay raise effective January 1, 2009 to address recruitment, retention, and compression issues for the following positions: Correctional Officer. State General Funds $3,657,640 $0 96.100 -State Prisons Appropriation (HB 990) 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 $555,900,652 $545,231,739 $551,752,574 State General Funds $555,900,652 $545,231,739 $551,752,574 TOTAL FEDERAL FUNDS $4,255,600 $4,255,600 $4,451,007 Federal Funds Not Itemized $4,255,600 $4,255,600 $4,451,007 TOTAL AGENCY FUNDS $26,311,119 $26,311,119 $29,449,031 Contributions, Donations, and Forfeitures $439,181 $439,181 $439,181 Contributions, Donations, and Forfeitures Not Itemized $439,181 $439,181 $439,181 2594 JOURNAL OF THE SENATE 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 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Agency Funds Transfers TOTAL PUBLIC FUNDS $17,002,293 $17,002,293 $7,069 $7,069 $655,104 $655,104 $8,207,472 $8,207,472 $214,025 $214,025 $214,025 $586,681,396 $17,002,293 $17,002,293 $7,069 $7,069 $655,104 $655,104 $8,207,472 $8,207,472 $214,025 $214,025 $214,025 $576,012,483 $17,002,293 $17,002,293 $7,069 $7,069 $655,104 $655,104 $11,345,384 $11,345,384 $939,221 $214,025 $214,025 $725,196 $586,591,833 Transitional Centers Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 97.1 Increase funds to reflect projected revenue receipts. $26,376,400 $26,376,400 $26,376,400 $26,376,400 $26,376,400 $26,376,400 $26,376,400 $26,376,400 $26,376,400 Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $4,862 $32,211 $37,073 $4,862 $32,211 $37,073 $4,862 $32,211 $37,073 97.2 Annualize the cost of the FY08 salary adjustment. State General Funds $352,706 $352,706 $352,706 97.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $49,924 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $199,694 $249,618 $249,618 97.4 Increase funds for performance based salary adjustments. (S:Utilize funds to address compression issues) State General Funds $99,847 $0 $99,847 FRIDAY, MARCH 28, 2008 2595 97.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $15,149 $15,149 $15,149 97.6 Increase funds to make special adjustments to selected job classes. State General Funds $99,272 $99,272 $99,272 97.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $198,299 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($100,409) 97.8 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $91,759 $91,759 $91,759 97.9 Increase funds for twelve months operating costs for the 150 bed expansion at the Dublin Transitional Center (TC). (S:Utilize reserve funds from the Department of Administrative Services (DOAS)-Surplus Property program to purchase one pickup truck, two mini-vans, and nine passenger vans) State General Funds TOTAL PUBLIC FUNDS $1,875,601 $1,875,601 $1,644,473 $1,875,601 97.10 Reduce one-time funds received for start-up costs for the Valdosta TC. State General Funds ($461,460) ($461,460) ($461,460) 97.11 Reduce funds by 2.5% to reflect operational efficiencies. State General Funds ($659,410) $0 97.12 Increase funds to provide a special pay raise effective January 1, 2009 to address recruitment, retention, and compression issues for the following positions: Correctional Officer. State General Funds $162,512 $0 97.100 -Transitional Centers Appropriation (HB 990) 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 $28,648,968 $28,102,147 $28,367,355 State General Funds $28,648,968 $28,102,147 $28,367,355 TOTAL AGENCY FUNDS $37,073 $37,073 $37,073 Contributions, Donations, and Forfeitures $4,862 $4,862 $4,862 Contributions, Donations, and Forfeitures Not Itemized $4,862 $4,862 $4,862 2596 JOURNAL OF THE SENATE Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers TOTAL PUBLIC FUNDS $32,211 $32,211 $28,686,041 $32,211 $32,211 $28,139,220 $32,211 $32,211 $231,128 $231,128 $28,635,556 Section 18: Defense, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances 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 Reserved Fund Balances Interest and Investment Income Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $11,344,298 $11,344,298 $11,344,298 $11,344,298 $28,812,701 $28,812,701 $28,812,701 $28,812,701 $816,341 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $40,973,340 $40,973,340 Section Total - Final $11,372,690 $11,265,606 $11,372,690 $11,265,606 $28,312,701 $28,312,701 $28,312,701 $28,312,701 $816,341 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $40,501,732 $40,394,648 $11,344,298 $11,344,298 $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $40,973,340 $11,716,641 $11,716,641 $28,312,701 $28,312,701 $816,341 $2,500 $400 $151,022 $662,419 $40,845,683 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $1,304,048 $1,304,048 $1,304,048 FRIDAY, MARCH 28, 2008 2597 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 98.1 Annualize the cost of the FY08 salary adjustment. $1,304,048 $409,445 $409,445 $1,713,493 $1,304,048 $409,445 $409,445 $1,713,493 $1,304,048 $409,445 $409,445 $1,713,493 State General Funds $12,900 $12,900 $12,900 98.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,249 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $8,997 $11,246 $11,246 98.3 Increase funds for performance based salary adjustments. State General Funds $4,498 $0 $0 98.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $2,684 $2,684 $2,684 98.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $8,687 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($4,399) 98.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $11 $11 $11 98.100 -Departmental Administration Appropriation (HB 990) The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $1,333,138 $1,330,889 $1,326,490 State General Funds $1,333,138 $1,330,889 $1,326,490 TOTAL FEDERAL FUNDS $409,445 $409,445 $409,445 Federal Funds Not Itemized $409,445 $409,445 $409,445 TOTAL PUBLIC FUNDS $1,742,583 $1,740,334 $1,735,935 Military Readiness Continuation Budget 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 $5,176,545 $5,176,545 $5,176,545 2598 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 99.1 Annualize the cost of the FY08 salary adjustment. $5,176,545 $20,600,133 $20,600,133 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $26,593,019 $5,176,545 $20,600,133 $20,600,133 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $26,593,019 $5,176,545 $20,600,133 $20,600,133 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $26,593,019 State General Funds $51,871 $51,871 $51,871 99.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $9,044 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $36,174 $45,218 $45,218 99.3 Increase funds for performance based salary adjustments. State General Funds $18,088 $0 $0 99.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $10,794 $10,794 $10,794 99.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $29,624 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($15,000) 99.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $46 $46 $46 99.7 Increase funds to convert the Assistant Adjutant General positions for the Air and Army National Guard from part-time to fulltime status. State General Funds $176,244 $88,122 $176,244 FRIDAY, MARCH 28, 2008 2599 99.8 Reduce one-time funds received for armory renovations. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($500,000) ($500,000) ($1,000,000) ($500,000) ($500,000) ($1,000,000) ($500,000) ($500,000) ($1,000,000) 99.9 Increase funds for rising utility costs. State General Funds $106,885 $106,885 $106,885 99.10 Increase funds to replace two high mileage vehicles. (G, H, and S:Reduce by $110,000 due to revenue estimate change) [OneTime Change] State General Funds $0 $0 $0 99.100 -Military Readiness Appropriation (HB 990) 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 $5,076,647 $4,979,481 $5,052,603 State General Funds $5,076,647 $4,979,481 $5,052,603 TOTAL FEDERAL FUNDS $20,100,133 $20,100,133 $20,100,133 Federal Funds Not Itemized $20,100,133 $20,100,133 $20,100,133 TOTAL AGENCY FUNDS $816,341 $816,341 $816,341 Reserved Fund Balances $2,500 $2,500 $2,500 Reserved Fund Balances Not Itemized $2,500 $2,500 $2,500 Interest and Investment Income $400 $400 $400 Interest and Investment Income Not Itemized $400 $400 $400 Royalties and Rents $151,022 $151,022 $151,022 Royalties and Rents Not Itemized $151,022 $151,022 $151,022 Sales and Services $662,419 $662,419 $662,419 Sales and Services Not Itemized $662,419 $662,419 $662,419 TOTAL PUBLIC FUNDS $25,993,121 $25,895,955 $25,969,077 Youth Educational Services Continuation Budget The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth in Georgia. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS $4,863,705 $4,863,705 $7,803,123 $4,863,705 $4,863,705 $7,803,123 $4,863,705 $4,863,705 $7,803,123 2600 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL PUBLIC FUNDS 100.1 Annualize the cost of the FY08 salary adjustment. $7,803,123 $12,666,828 $7,803,123 $12,666,828 $7,803,123 $12,666,828 State General Funds $43,990 $43,990 $43,990 100.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $7,670 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $30,679 $38,349 $38,349 100.3 Increase funds for performance based salary adjustments. State General Funds $15,339 $0 $0 100.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $9,153 $9,153 $9,153 100.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $34,932 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($17,688) 100.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $39 $39 $39 100.7 Increase funds for STARBASE of Savannah. State General Funds $400,000 100.100 -Youth Educational Services Appropriation (HB 990) The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth in Georgia. TOTAL STATE FUNDS $4,962,905 $4,955,236 $5,337,548 State General Funds $4,962,905 $4,955,236 $5,337,548 TOTAL FEDERAL FUNDS $7,803,123 $7,803,123 $7,803,123 Federal Funds Not Itemized $7,803,123 $7,803,123 $7,803,123 TOTAL PUBLIC FUNDS $12,766,028 $12,758,359 $13,140,671 Section 19: Driver Services, Department of TOTAL STATE FUNDS Section Total - Continuation $61,420,009 $61,420,009 $61,420,009 FRIDAY, MARCH 28, 2008 2601 State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS $61,420,009 $61,420,009 $721,456 $721,456 $721,456 $721,456 $62,141,465 $62,141,465 Section Total - Final $63,157,019 $61,844,601 $63,157,019 $61,844,601 $2,851,179 $2,844,040 $2,851,179 $2,844,040 $66,008,198 $64,688,641 $61,420,009 $721,456 $721,456 $62,141,465 $63,279,581 $63,279,581 $2,844,040 $2,844,040 $66,123,621 Customer Service Support Continuation Budget The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 101.1 Increase funds to reflect projected revenue receipts. $9,156,848 $9,156,848 $857 $857 $857 $9,157,705 $9,156,848 $9,156,848 $857 $857 $857 $9,157,705 $9,156,848 $9,156,848 $857 $857 $857 $9,157,705 Sales and Services Not Itemized $500,000 $500,000 $500,000 101.2 Annualize the cost of the FY08 salary adjustment. State General Funds $79,228 $79,228 $79,228 101.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $12,829 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $51,317 $64,146 $64,146 101.4 Increase funds for performance based salary adjustments. State General Funds $25,658 $0 $0 101.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $773 $773 $773 2602 JOURNAL OF THE SENATE 101.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $48,842 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($24,731) 101.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $17,785 $17,785 $17,785 101.8 Increase funds to improve the workforce through training and recruitment efforts. (G, H, and S:Reduce by $32,000 due to revenue estimate change) State General Funds $0 $0 $0 101.9 Increase funds to continue moving towards more secure identification cards. State General Funds $102,953 $102,953 $102,953 101.100 -Customer Service Support Appropriation (HB 990) The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $9,434,562 $9,421,733 $9,397,002 State General Funds $9,434,562 $9,421,733 $9,397,002 TOTAL AGENCY FUNDS $500,857 $500,857 $500,857 Sales and Services $500,857 $500,857 $500,857 Sales and Services Not Itemized $500,857 $500,857 $500,857 TOTAL PUBLIC FUNDS $9,935,419 $9,922,590 $9,897,859 License Issuance Continuation Budget The purpose of this appropriation is for the issuance of Georgia drivers license renewals through alternative methods. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 102.1 Increase funds to reflect projected revenue receipts. $47,881,921 $47,881,921 $205,251 $205,251 $205,251 $48,087,172 $47,881,921 $47,881,921 $205,251 $205,251 $205,251 $48,087,172 $47,881,921 $47,881,921 $205,251 $205,251 $205,251 $48,087,172 Sales and Services Not Itemized $1,626,958 $1,622,584 $1,622,584 FRIDAY, MARCH 28, 2008 2603 TOTAL PUBLIC FUNDS $1,626,958 $1,622,584 $1,622,584 102.2 Annualize the cost of the FY08 salary adjustment. State General Funds $484,684 $484,684 $484,684 102.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $71,490 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $285,958 $357,448 $357,448 102.4 Increase funds for performance based salary adjustments. State General Funds $142,980 $0 $0 102.5 Increase funds to provide salary adjustments for critical jobs. State General Funds $332,192 $332,192 $332,192 102.6 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $4,308 $4,308 $4,308 102.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $272,167 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($137,812) 102.8 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $114,338 $114,338 $114,338 102.9 Increase funds to continue moving towards more secure identification cards and driver's licenses and provide timely customer service. State General Funds $1,488,070 $1,000,000 $1,488,070 102.10 Increase funds to improve the workforce through training and recruitment efforts. (G and H:Reduce by $446,173 due to revenue estimate change) State General Funds $0 $0 $0 102.11 Increase funds to provide customers with an electronic means for managing road test reservations. (G, H, and S:Reduce by $196,450 due to revenue estimate change) State General Funds $0 $0 $0 102.12 Increase funds to integrate, enhance, and improve agency online functions. (G, H, and S:Reduce by $87,730 due to revenue estimate change) 2604 JOURNAL OF THE SENATE State General Funds $0 $0 $0 102.13 Increase funds to transition the contact center to the new statewide Automated Call Distribution Center. State General Funds $275,629 $275,629 $275,629 102.14 Increase funds to replace the current Digitized Driver's Licensing System for card production. State General Funds $1,083,610 $1,083,610 $1,083,610 102.15 Reduce one-time funds received for contact center agents in HB95 (FY08). State General Funds ($24,500) ($24,500) ($24,500) 102.16 Reduce one-time funds received for the Brunswick customer service center in HB95 (FY08). State General Funds ($750,000) ($750,000) ($750,000) 102.17 Reduce one-time funds received for a feasibility study for a new license issuance system in HB95 (FY08). State General Funds ($300,000) ($300,000) ($300,000) 102.18 Reduce one-time funds received for a new Electronic Document Imaging System (EDIS) in HB95 (FY08). State General Funds ($1,732,000) ($1,732,000) ($1,732,000) 102.19 Reduce funds due to the implementation of a minimal retest fee of $5 for those who fail the written driving test, and allow DDS to retain the $50 skills test reservation fee for the Commercial Driver License applicants who miss their scheduled driving test. State General Funds ($1,117,146) $0 102.99 SAC: The purpose of this appropriation is to issue Georgia drivers' licenses and license renewals through alternative methods in the most cost effective and efficient manner. House: The purpose of this appropriation is to issue Georgia drivers' licenses and license renewals through alternative methods in the most cost effective and efficient manner. State General Funds $0 $0 102.100 -License Issuance Appropriation (HB 990) The purpose of this appropriation is to issue Georgia drivers' licenses and license renewals through alternative methods in the most cost effective and efficient manner. TOTAL STATE FUNDS $49,287,190 $47,610,484 $49,077,888 State General Funds $49,287,190 $47,610,484 $49,077,888 TOTAL AGENCY FUNDS $1,832,209 $1,827,835 $1,827,835 Sales and Services $1,832,209 $1,827,835 $1,827,835 Sales and Services Not Itemized $1,832,209 $1,827,835 $1,827,835 TOTAL PUBLIC FUNDS $51,119,399 $49,438,319 $50,905,723 FRIDAY, MARCH 28, 2008 2605 102.101 Special Project - License Issuance: Increase funds for new Department of Driver Services center in Greene County. State General Funds $381,107 $381,107 Regulatory Compliance Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 103.1 Annualize the cost of the FY08 salary adjustment. $4,381,240 $4,381,240 $515,348 $515,348 $515,348 $4,896,588 $4,381,240 $4,381,240 $515,348 $515,348 $515,348 $4,896,588 $4,381,240 $4,381,240 $515,348 $515,348 $515,348 $4,896,588 State General Funds $24,322 $24,322 $24,322 103.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,991 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $15,963 $19,954 $19,954 103.3 Increase funds for performance based salary adjustments. State General Funds $7,981 $0 $0 103.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $241 $241 $241 103.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $15,193 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $2,765 $2,765 $0 ($7,693) $0 $0 $0 ($7,693) 103.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $5,520 $5,520 $5,520 103.100 -Regulatory Compliance Appropriation (HB 990) The purpose of this appropriation is to enforce and administer state laws and regulations for mandated programs relating to driver 2606 JOURNAL OF THE SENATE safety and driver education for both novice and problem drivers. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,435,267 $4,435,267 $518,113 $518,113 $518,113 $4,953,380 $4,431,277 $4,431,277 $515,348 $515,348 $515,348 $4,946,625 $4,423,584 $4,423,584 $515,348 $515,348 $515,348 $4,938,932 Section 20: Early Care and Learning, Department of TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 $98,453,870 $155,000 $155,000 $451,305,508 $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 $98,453,870 $155,000 $155,000 $451,305,508 $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 $98,453,870 $155,000 $155,000 $451,305,508 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $341,622,653 $341,612,390 $4,604,505 $4,594,242 $337,018,148 $337,018,148 $121,960,886 $121,960,886 $23,507,016 $23,507,016 $98,453,870 $98,453,870 $155,000 $155,000 $155,000 $155,000 $463,738,539 $463,728,276 $341,592,254 $4,574,106 $337,018,148 $121,960,886 $23,507,016 $98,453,870 $155,000 $155,000 $463,708,140 Child Care Services Continuation Budget The purpose of this appropriation is to guide and assist child care learning facilities to provide safe, healthy, quality child care so that FRIDAY, MARCH 28, 2008 2607 children experience optimum opportunities for learning and growth. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 104.1 Increase funds to reflect projected revenue receipts. $4,586,483 $4,586,483 $3,668,710 $3,668,710 $155,000 $155,000 $155,000 $8,410,193 $4,586,483 $4,586,483 $3,668,710 $3,668,710 $155,000 $155,000 $155,000 $8,410,193 $4,586,483 $4,586,483 $3,668,710 $3,668,710 $155,000 $155,000 $155,000 $8,410,193 Child Care & Development Block Grant CFDA93.575 $210,000 $210,000 $210,000 104.2 Annualize the cost of the FY08 salary adjustment. State General Funds Child Care & Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS $58,166 $44,207 $102,373 $58,166 $44,207 $102,373 $58,166 $44,207 $102,373 104.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $10,263 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $41,051 $51,314 $51,314 104.4 Increase funds for performance based salary adjustments. State General Funds $20,526 $0 $0 104.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $2,993 $2,993 $2,993 104.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $39,766 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($20,136) 104.7 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($58,849) ($58,849) ($58,849) 104.8 Reduce funds to eliminate one administrative position. State General Funds ($45,865) ($45,865) ($45,865) 2608 JOURNAL OF THE SENATE 104.100 -Child Care Services Appropriation (HB 990) 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 $4,604,505 $4,594,242 $4,574,106 State General Funds $4,604,505 $4,594,242 $4,574,106 TOTAL FEDERAL FUNDS $3,922,917 $3,922,917 $3,922,917 Child Care & Development Block Grant CFDA93.575 $3,922,917 $3,922,917 $3,922,917 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 $8,682,422 $8,672,159 $8,652,023 Nutrition Continuation Budget The purpose of this appropriation is to ensure that eligible children and adults receive USDA compliant meals. TOTAL STATE FUNDS $0 $0 $0 TOTAL FEDERAL FUNDS $98,000,000 $98,000,000 $98,000,000 Federal Funds Not Itemized $98,000,000 $98,000,000 $98,000,000 TOTAL PUBLIC FUNDS $98,000,000 $98,000,000 $98,000,000 105.100 -Nutrition Appropriation (HB 990) The purpose of this appropriation is to ensure that eligible children and adults receive USDA compliant meals. TOTAL FEDERAL FUNDS $98,000,000 $98,000,000 $98,000,000 Federal Funds Not Itemized $98,000,000 $98,000,000 $98,000,000 TOTAL PUBLIC FUNDS $98,000,000 $98,000,000 $98,000,000 Pre-Kindergarten Program Continuation Budget 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. This appropriation shall provide funds for no more than 77,775 Pre-K slots. TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized $324,857,346 $0 $324,857,346 $667,823 $213,953 $453,870 $324,857,346 $0 $324,857,346 $667,823 $213,953 $453,870 $324,857,346 $0 $324,857,346 $667,823 $213,953 $453,870 FRIDAY, MARCH 28, 2008 2609 TOTAL PUBLIC FUNDS 106.1 Annualize the cost of the FY08 salary adjustment. $325,525,169 $325,525,169 $325,525,169 Lottery Proceeds $53,030 $53,030 $53,030 106.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $6,930 for a 2% cost of living adjustment due to revenue estimate change) Lottery Proceeds $27,720 $34,650 $34,650 106.3 Increase funds for a 2.5% cost of living adjustment for Pre-K teachers effective September 1, 2008. (G:Reduce by $1,121,439 for a 2% cost of living adjustment due to revenue estimate change) Lottery Proceeds $4,485,755 $5,607,194 $5,607,194 106.4 Increase funds for performance based salary adjustments. Lottery Proceeds $13,860 $0 $0 106.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $26,862 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) Lottery Proceeds $0 $0 ($13,602) 106.6 Increase funds for 1,000 additional slots, bringing the total enrollment to 79,000. Lottery Proceeds $6,425,206 $6,425,206 $6,425,206 106.7 Transfer funds from 106.2, 106.3, and 106.5 for operations due to revenue estimate change. (S:Line 106.5 only) Lottery Proceeds $1,155,231 $0 $13,602 106.8 Reduce funds for start-up based on projected expenditures. Lottery Proceeds ($168,000) ($168,000) 106.9 Reduce funds for sparsity based on projected expenditures. Lottery Proceeds ($50,000) ($50,000) 106.10 Reduce funds for portable classroom grants based on projected expenditures. Lottery Proceeds ($100,000) ($100,000) 106.11 Reduce funds for transportation based on projected expenditures. Lottery Proceeds ($84,045) ($84,045) 106.12 Reduce funds for resource coordination based on projected expenditures. 2610 JOURNAL OF THE SENATE Lottery Proceeds ($100,000) ($100,000) 106.13 Reduce funds for contracts. Lottery Proceeds ($184,031) ($184,031) 106.14 Utilize existing funds to provide $165 per student for pupil transportation. (H:YES)(S:YES) Lottery Proceeds $0 $0 106.99 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: 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. Gov Rev: 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. State General Funds $0 $0 $0 106.100 -Pre-Kindergarten Program Appropriation (HB 990) 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 $337,018,148 $336,291,350 $336,291,350 Lottery Proceeds $337,018,148 $336,291,350 $336,291,350 TOTAL FEDERAL FUNDS $667,823 $667,823 $667,823 Child Care & Development Block Grant CFDA93.575 $213,953 $213,953 $213,953 Federal Funds Not Itemized $453,870 $453,870 $453,870 TOTAL PUBLIC FUNDS $337,685,971 $336,959,173 $336,959,173 106.101 Special Project - Pre-Kindergarten Program: Increase funds for a 1% operations increase for public and private Pre-K providers. Lottery Proceeds $726,798 $726,798 Quality Initiatives Continuation Budget 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 STATE FUNDS TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS $0 $19,370,146 $19,370,146 $19,370,146 $0 $19,370,146 $19,370,146 $19,370,146 $0 $19,370,146 $19,370,146 $19,370,146 FRIDAY, MARCH 28, 2008 2611 107.100 -Quality Initiatives Appropriation (HB 990) 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 $19,370,146 $19,370,146 $19,370,146 Child Care & Development Block Grant CFDA93.575 $19,370,146 $19,370,146 $19,370,146 TOTAL PUBLIC FUNDS $19,370,146 $19,370,146 $19,370,146 Section 21: Economic Development, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TOTAL PUBLIC FUNDS Section Total - Continuation $49,522,812 $49,522,812 $49,522,812 $49,522,812 $20,244 $20,244 $20,244 $20,244 $49,543,056 $49,543,056 Section Total - Final $39,566,546 $42,500,565 $39,566,546 $42,500,565 $20,244 $20,244 $20,244 $20,244 $39,586,790 $42,520,809 $49,522,812 $49,522,812 $20,244 $20,244 $49,543,056 $43,869,172 $43,869,172 $20,244 $20,244 $43,889,416 Business Recruitment and Expansion Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 108.1 Annualize the cost of the FY08 salary adjustment. $13,403,644 $13,403,644 $13,403,644 $13,403,644 $13,403,644 $13,403,644 $13,403,644 $13,403,644 $13,403,644 State General Funds $72,692 $72,692 $72,692 108.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $15,109 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $60,434 $75,543 $75,543 2612 JOURNAL OF THE SENATE 108.3 Increase funds for performance based salary adjustments. State General Funds $30,217 $0 $0 108.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $57,909 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($29,322) 108.5 Transfer funds for telecommunications costs. State General Funds $5,456 $5,456 $5,456 108.6 Transfer funds for real estate rental costs. State General Funds $128,506 $128,506 $128,506 108.7 Reduce one-time funds received for the renovation of Georgia Mountains Center parking deck in Gainesville. State General Funds ($2,000,000) ($2,000,000) ($2,000,000) 108.8 Reduce funds from international marketing. State General Funds ($1,400,000) $0 108.100 -Business Recruitment and Expansion Appropriation (HB 990) 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 $11,700,949 $10,285,841 $11,656,519 State General Funds $11,700,949 $10,285,841 $11,656,519 TOTAL PUBLIC FUNDS $11,700,949 $10,285,841 $11,656,519 Departmental Administration Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 109.1 Annualize the cost of the FY08 salary adjustment. $6,626,634 $6,626,634 $6,626,634 $6,626,634 $6,626,634 $6,626,634 $6,626,634 $6,626,634 $6,626,634 State General Funds $62,886 $62,886 $62,886 109.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $8,707 for a 2% cost of living FRIDAY, MARCH 28, 2008 2613 adjustment due to revenue estimate change) State General Funds $34,826 $43,533 $43,533 109.3 Increase funds for performance based salary adjustments. State General Funds $17,413 $0 $0 109.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $962 $962 $962 109.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $33,372 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($16,898) 109.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($22,983) ($22,983) ($22,983) 109.7 Transfer funds for telecommunications costs. State General Funds ($10,000) ($10,000) ($10,000) 109.8 Transfer funds for real estate rental costs. State General Funds ($376,506) ($376,506) ($376,506) 109.9 Reduce funds from sponsorships, tourism advertising, and international tourism marketing. State General Funds ($150,000) $0 109.100 -Departmental Administration Appropriation (HB 990) 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 $6,333,232 $6,174,526 $6,307,628 State General Funds $6,333,232 $6,174,526 $6,307,628 TOTAL PUBLIC FUNDS $6,333,232 $6,174,526 $6,307,628 Film, Video, and Music Continuation Budget 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 State General Funds $1,209,137 $1,209,137 $1,209,137 $1,209,137 $1,209,137 $1,209,137 2614 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS 110.1 Annualize the cost of the FY08 salary adjustment. $1,209,137 $1,209,137 $1,209,137 State General Funds $9,506 $9,506 $9,506 110.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,269 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,076 $6,345 $6,345 110.3 Increase funds for performance based salary adjustments. State General Funds $2,538 $0 $0 110.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $4,864 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,463) 110.5 Transfer funds for telecommunications costs. State General Funds $2,500 $2,500 $2,500 110.6 Transfer funds for real estate rental costs. State General Funds $47,000 $47,000 $47,000 110.7 Reduce one-time funds received in HB1027 (FY07) for the Georgia Music Hall of Fame anniversary celebration. State General Funds ($75,000) ($75,000) ($75,000) 110.100 -Film, Video, and Music Appropriation (HB 990) 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 $1,200,757 $1,199,488 $1,197,025 State General Funds $1,200,757 $1,199,488 $1,197,025 TOTAL PUBLIC FUNDS $1,200,757 $1,199,488 $1,197,025 International Relations and Trade Continuation Budget 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 State General Funds $2,358,416 $2,358,416 $2,358,416 $2,358,416 $2,358,416 $2,358,416 FRIDAY, MARCH 28, 2008 2615 TOTAL PUBLIC FUNDS 111.1 Annualize the cost of the FY08 salary adjustment. $2,358,416 $2,358,416 $2,358,416 State General Funds $15,287 $15,287 $15,287 111.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,139 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $8,558 $10,697 $10,697 111.3 Increase funds for performance based salary adjustments. State General Funds $4,279 $0 $0 111.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $8,199 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($4,152) 111.5 Transfer funds for telecommunications costs. State General Funds ($13,282) ($13,282) ($13,282) 111.6 Transfer funds for real estate rental costs. State General Funds $74,000 $74,000 $74,000 111.100 -International Relations and Trade Appropriation (HB 990) 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 $2,447,258 $2,445,118 $2,440,966 State General Funds $2,447,258 $2,445,118 $2,440,966 TOTAL PUBLIC FUNDS $2,447,258 $2,445,118 $2,440,966 Innovation and Technology Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 112.1 Annualize the cost of the FY08 salary adjustment. $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 State General Funds $8,946 $8,946 $8,946 2616 JOURNAL OF THE SENATE 112.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,238 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $4,953 $6,191 $6,191 112.3 Increase funds for performance based salary adjustments. State General Funds $2,477 $0 $0 112.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $4,746 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,403) 112.5 Transfer funds for telecommunications costs. State General Funds ($17,500) ($17,500) ($17,500) 112.6 Transfer funds for real estate rental costs. State General Funds $27,000 $27,000 $27,000 112.7 Reduce one-time funds received for micro-enterprise loans. (S:Increase funds received for micro-enterprise loans) State General Funds ($75,000) ($75,000) $0 112.8 Increase funds for sponsorship of the Biotechnology Industry Organization's Annual International Convention to be held in Atlanta on May 17-20, 2009. (G and H:Reduce by $375,000 due to revenue estimate change) State General Funds $0 $0 $375,000 112.9 Increase funds for the Herty Advanced Materials Development Center. State General Funds $100,000 $200,000 112.100 -Innovation and Technology Appropriation (HB 990) 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 $1,661,146 $1,759,907 $2,307,504 State General Funds $1,661,146 $1,759,907 $2,307,504 TOTAL PUBLIC FUNDS $1,661,146 $1,759,907 $2,307,504 Small and Minority Business Development Continuation Budget 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. FRIDAY, MARCH 28, 2008 2617 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS 113.1 Annualize the cost of the FY08 salary adjustment. $942,780 $942,780 $20,244 $20,244 $20,244 $963,024 $942,780 $942,780 $20,244 $20,244 $20,244 $963,024 $942,780 $942,780 $20,244 $20,244 $20,244 $963,024 State General Funds $11,899 $11,899 $11,899 113.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,675 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $6,701 $8,376 $8,376 113.3 Increase funds for performance based salary adjustments. State General Funds $3,350 $0 $0 113.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $6,421 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($3,251) 113.5 Transfer funds to the Tourism program for telecommunications costs. State General Funds ($900) ($900) ($900) 113.100 -Small and Minority Business Development Appropriation (HB 990) 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 $963,830 $962,155 $958,904 State General Funds $963,830 $962,155 $958,904 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 $984,074 $982,399 $979,148 Tourism Continuation Budget The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state and encourage 2618 JOURNAL OF THE SENATE tourism expenditures. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 114.1 Annualize the cost of the FY08 salary adjustment. $21,129,409 $21,129,409 $21,129,409 $21,129,409 $21,129,409 $21,129,409 $21,129,409 $21,129,409 $21,129,409 State General Funds $64,540 $64,540 $64,540 114.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $9,317 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $37,269 $46,586 $46,586 114.3 Increase funds for performance based salary adjustments. State General Funds $18,635 $0 $0 114.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $35,713 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($18,083) 114.5 Reduce one-time funds received for Tour de Georgia ($400,000), Warner Robins Air Force Base Museum ($100,000), Washington-Wilkes Visitor Information Center ($2,500), Civil War Trails ($200,000), National Infantry Museum and Cobb Energy Performing Arts Center ($7,500,000), and Zoo Atlanta hospital renovation ($100,000). (S:Do not reduce funds for Civil War Trails) State General Funds ($8,302,500) ($8,302,500) ($8,202,500) 114.6 Increase funds for the design of the Georgia Trail Exhibit at Zoo Atlanta to serve as a statewide educational resource on Georgia's three physical ecosystems. (G, H, and S:Reduce by $300,000 due to revenue estimate change) [One-Time Change] State General Funds $0 $0 $0 114.7 Transfer funds for telecommunications. State General Funds $33,726 $33,726 $33,726 114.8 Transfer funds for real estate rental costs. State General Funds $100,000 $100,000 $100,000 114.9 Reduce funds from sponsorships, tourism advertising, and international tourism marketing. (S:Increase funds for sponsorships, tourism advertising, and international tourism marketing) State General Funds ($588,556) $500,000 FRIDAY, MARCH 28, 2008 2619 114.10 Increase funds for the Historic Chattahoochee Commission. State General Funds $25,000 $25,000 114.11 Increase funds for the Statesboro and Woodstock Convention and Visitors Bureau. State General Funds $4,000 114.100 -Tourism Appropriation (HB 990) The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. TOTAL STATE FUNDS $13,081,079 $12,508,205 $13,682,678 State General Funds $13,081,079 $12,508,205 $13,682,678 TOTAL PUBLIC FUNDS $13,081,079 $12,508,205 $13,682,678 114.101 Special Project - Tourism: Increase funds for the development of a five year business plan for the Georgia Tourism Foundation. State General Funds $150,000 $50,000 114.102 Special Project - Tourism: Increase funds for the restoration of Augusta's historic Powder Works chimney. State General Funds $100,000 $175,000 114.103 Special Project - Tourism: Increase funds for the Veteran's Wall of Honor. State General Funds $300,000 $100,000 114.104 Special Project - Tourism: Increase funds for the National Infantry Museum. State General Funds $5,000,000 $2,500,000 114.105 Special Project - Tourism: Increase funds for the Georgia International and Maritime Trade Center Authority for the performance of an economic impact and environmental improvement study. State General Funds $250,000 $250,000 Payments to Aviation Hall of Fame Continuation Budget The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame. 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 $50,000 115.1 Reduce funds. (H:Authority to become self-sufficient by FY 2010) (S:Authority to become self-sufficient by FY 2013) State General Funds ($25,000) $0 115.99 SAC: The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame. House: The purpose of this appropriation is to promote and encourage the growth and public support of aviation within the state by 2620 JOURNAL OF THE SENATE honoring those, living or dead, who by extraordinary achievement or service have made outstanding and lasting contributions to aviation in Georgia. Gov Rev: 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. State General Funds $0 $0 $0 115.100 -Payments to Aviation Hall of Fame Appropriation (HB 990) The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame. TOTAL STATE FUNDS $50,000 $25,000 $50,000 State General Funds $50,000 $25,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $25,000 $50,000 Payments to Golf Hall Of Fame Authority Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 116.1 Add funds to operationalize the new strategic plan. (G:Reduce by $125,000 due to revenue estimate change) (H:Authority to become self-sufficient by FY 2010) (S:Authority to become self-sufficient by FY 2013) State General Funds $0 $100,000 $0 116.99 SAC: The purpose of this appropriation is to provide operating funds for the Golf Hall of Fame. House: The purpose of this appropriation is to honor those who have made outstanding contributions to the sport of golf. Gov Rev: The purpose of this appropriation is to honor those who have made outstanding contributions to the sport of golf. State General Funds $0 $0 $0 116.100 -Payments to Golf Hall Of Fame Authority Appropriation (HB 990) The purpose of this appropriation is to provide operating funds for the Golf Hall of Fame. TOTAL STATE FUNDS $100,000 State General Funds $100,000 TOTAL PUBLIC FUNDS $100,000 Payments to Georgia Medical Center Authority Continuation Budget The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $408,712 $408,712 $408,712 $408,712 $408,712 $408,712 $408,712 $408,712 $408,712 FRIDAY, MARCH 28, 2008 2621 117.1 Annualize the cost of the FY08 salary adjustment. State General Funds $3,712 $3,712 $3,712 117.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $580 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $2,321 $2,901 $2,901 117.3 Increase funds for performance based salary adjustments. State General Funds $1,161 $0 $0 117.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,244 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,136) 117.100 -Payments to Georgia Medical Center Authority Appropriation (HB 990) The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority. TOTAL STATE FUNDS $415,906 $415,325 $414,189 State General Funds $415,906 $415,325 $414,189 TOTAL PUBLIC FUNDS $415,906 $415,325 $414,189 Payments to Georgia Music Hall of Fame Authority Continuation Budget The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 118.1 Annualize the cost of the FY08 salary adjustment. $840,466 $840,466 $840,466 $840,466 $840,466 $840,466 $840,466 $840,466 $840,466 State General Funds $6,815 $6,815 $6,815 118.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,414 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,657 $7,071 $7,071 118.3 Increase funds for performance based salary adjustments. State General Funds $2,829 $0 $0 118.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and 2622 JOURNAL OF THE SENATE H:Reduce by $5,059 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,562) 118.5 Reduce funds. (H:Authority to become self-sufficient by FY 2010)(S:Authority to become self-sufficient by FY 2013) State General Funds ($454,352) ($75,000) 118.6 Increase funds for The Big House ($100,000) and induction ceremony ($150,000). State General Funds $250,000 118.99 SAC: The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame. House: The purpose of this appropriation is to preserve Georgia's rich musical heritage. Gov Rev: The purpose of this appropriation is to preserve Georgia's rich musical heritage. State General Funds $0 $0 $0 118.100 -Payments to Georgia Music Hall of Fame Authority Appropriation (HB 990) The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame. TOTAL STATE FUNDS $855,767 $400,000 $1,026,790 State General Funds $855,767 $400,000 $1,026,790 TOTAL PUBLIC FUNDS $855,767 $400,000 $1,026,790 Payments to Georgia Sports Hall of Fame Authority Continuation Budget The purpose of this appropriation is to provide operating funds for the Georgia Sports Hall of Fame. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 119.1 Annualize the cost of the FY08 salary adjustment. $793,344 $793,344 $793,344 $793,344 $793,344 $793,344 $793,344 $793,344 $793,344 State General Funds $6,420 $6,420 $6,420 119.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,143 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $4,572 $5,715 $5,715 119.3 Increase funds for performance based salary adjustments. State General Funds $2,286 $0 ($1,755) 119.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $3,465 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to FRIDAY, MARCH 28, 2008 2623 22.165%) State General Funds $0 $0 ($1,755) 119.5 Reduce funds. (H:Authority to become self-sufficient by FY 2010) (S:Authority to become self-sufficient by FY 2013) State General Funds ($405,479) ($100,000) 119.99 SAC: The purpose of this appropriation is to provide operating funds for the Georgia Sports Hall of Fame. House: The purpose of this appropriation is to collect, preserve, and interpret the history of sports in Georgia. Gov Rev: The purpose of this appropriation is to collect, preserve, and interpret the history of sports in Georgia. State General Funds $0 $0 $0 119.100 -Payments to Georgia Sports Hall of Fame Authority Appropriation (HB 990) The purpose of this appropriation is to provide operating funds for the Georgia Sports Hall of Fame. TOTAL STATE FUNDS $806,622 $400,000 $701,969 State General Funds $806,622 $400,000 $701,969 TOTAL PUBLIC FUNDS $806,622 $400,000 $701,969 Civil War Commission Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 120.1 Reduce funds. $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 State General Funds ($25,000) $0 120.100 -Civil War Commission Appropriation (HB 990) 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 $25,000 $50,000 State General Funds $50,000 $25,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $25,000 $50,000 2624 JOURNAL OF THE SENATE Section 22: Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $7,806,980,808 $7,806,980,808 $7,806,980,808 $7,806,980,808 $1,121,650,747 $1,121,650,747 $1,121,650,747 $1,121,650,747 $12,391,307 $12,391,307 $3,489,938 $3,489,938 $2,344,991 $2,344,991 $6,299,351 $6,299,351 $257,027 $257,027 $8,941,022,862 $8,941,022,862 Section Total - Final $8,154,294,314 $8,235,659,879 $8,154,294,314 $8,235,659,879 $1,615,047,773 $1,615,047,773 $1,615,047,773 $1,615,047,773 $26,848,083 $26,848,083 $5,139,598 $5,139,598 $2,344,991 $2,344,991 $18,384,254 $18,384,254 $979,240 $979,240 $9,796,190,170 $9,877,555,735 $7,806,980,808 $7,806,980,808 $1,121,650,747 $1,121,650,747 $12,391,307 $3,489,938 $2,344,991 $6,299,351 $257,027 $8,941,022,862 $8,191,850,951 $8,191,850,951 $1,631,199,767 $1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240 $9,849,898,801 Academic Coach Program Continuation Budget The purpose of this appropriation 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 State General Funds TOTAL PUBLIC FUNDS 121.1 Annualize the cost of the FY08 salary adjustment. $5,705,944 $5,705,944 $5,705,944 $5,705,944 $5,705,944 $5,705,944 $5,705,944 $5,705,944 $5,705,944 State General Funds $23,634 $23,634 $23,634 121.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $5,452 for a 2% cost of living FRIDAY, MARCH 28, 2008 2625 adjustment due to revenue estimate change) State General Funds $21,809 $27,261 $27,261 121.3 Increase funds for performance based salary adjustments. State General Funds $10,904 $0 $0 121.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $14,422 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($7,303) 121.5 Transfer funds from Agricultural Education, Central Office, School Improvement, and State Interagency Transfers for a new Math Mentors activity with 17 positions. (G:Reduce by $1,998,000 due to revenue estimate change) State General Funds $0 $0 $0 121.6 Reduce funds from contractual obligations for the Teacher Success Model. (H and S:Redirect remaining $42,500 in contract to Math Mentors) State General Funds ($300,000) ($342,500) ($342,500) 121.7 Transfer funds from the Non Quality Basic Education Formula Grants for a new Mentor Teacher activity. State General Funds $330,000 $200,000 $200,000 121.8 Reduce start-up funds for Academic Coach administration. State General Funds ($300,000) ($300,000) 121.9 Transfer funds from the Teacher Success activity ($42,500), Dropout Prevention ($750,000), Central Office ($100,817), and School Improvement ($44,000), and utilize existing funds ($400,000) for eleven Math Mentor positions. State General Funds $937,317 $937,317 121.10 Reduce funds from the under-utilized Academic Coach activity. State General Funds ($1,700,000) 121.99 SAC: The purpose of this appropriation 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 and provide mentors to work with teachers or identified schools who are in need of improvement in areas of science and math. House: The purpose of this appropriation 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 and provide mentors to work with teachers or identified schools who are in need of improvement in areas of science and math. State General Funds $0 $0 2626 JOURNAL OF THE SENATE 121.100 -Academic Coach Program Appropriation (HB 990) The purpose of this appropriation 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 and provide mentors to work with teachers or identified schools who are in need of improvement in areas of science and math. TOTAL STATE FUNDS $5,792,291 $6,251,656 $4,544,353 State General Funds $5,792,291 $6,251,656 $4,544,353 TOTAL PUBLIC FUNDS $5,792,291 $6,251,656 $4,544,353 Agricultural Education Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 122.1 Increase funds to reflect projected revenue receipts. $9,568,762 $9,568,762 $126,577 $126,577 $450,000 $450,000 $450,000 $10,145,339 $9,568,762 $9,568,762 $126,577 $126,577 $450,000 $450,000 $450,000 $10,145,339 $9,568,762 $9,568,762 $126,577 $126,577 $450,000 $450,000 $450,000 $10,145,339 Intergovernmental Transfers Not Itemized $3,090,002 $3,090,002 $3,090,002 122.2 Annualize the cost of the FY08 salary adjustment. State General Funds $43,646 $43,646 $43,646 122.3 Increase funds for a 2.5% cost of living adjustment effective September 1, 2008. (G:Reduce by $38,254 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $153,016 $191,270 $191,270 122.4 Reduce one-time funds received in HB1027 (FY07) for the engineering and installation of a sewage treatment facility at the state Future Farmers of America (FFA) camp in Covington. State General Funds ($912,000) ($912,000) ($912,000) 122.5 Transfer funds received for food processing plants to Math Mentors. State General Funds ($56,056) ($56,056) ($56,056) FRIDAY, MARCH 28, 2008 2627 122.6 Transfer $75,000 from Food Processing Plants to Young Farmers to fund one new Young Farmer position in Floyd County. Eliminate funding for canning plants that served fewer than 100 students and equalize state share to 50% of total operating funds. (S:NO) State General Funds $0 $0 122.7 Increase funds for one new Young Farmer position in Screven County. State General Funds $75,000 122.100 -Agricultural Education Appropriation (HB 990) 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 $8,797,368 $8,835,622 $8,910,622 State General Funds $8,797,368 $8,835,622 $8,910,622 TOTAL FEDERAL FUNDS $126,577 $126,577 $126,577 Federal Funds Not Itemized $126,577 $126,577 $126,577 TOTAL AGENCY FUNDS $3,540,002 $3,540,002 $3,540,002 Intergovernmental Transfers $3,540,002 $3,540,002 $3,540,002 Intergovernmental Transfers Not Itemized $3,540,002 $3,540,002 $3,540,002 TOTAL PUBLIC FUNDS $12,463,947 $12,502,201 $12,577,201 Central Office Continuation Budget The purpose of this appropriation is to act as a service oriented agency supporting local school districts. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized $41,552,152 $41,552,152 $38,180,833 $38,180,833 $6,899,025 $3,389,938 $3,389,938 $2,344,991 $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 $41,552,152 $41,552,152 $38,180,833 $38,180,833 $6,899,025 $3,389,938 $3,389,938 $2,344,991 $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 $41,552,152 $41,552,152 $38,180,833 $38,180,833 $6,899,025 $3,389,938 $3,389,938 $2,344,991 $2,344,991 $1,011,224 $1,011,224 $152,872 $152,872 2628 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS 123.1 Increase funds to reflect projected revenue receipts. $86,632,010 $86,632,010 $86,632,010 Federal Funds Not Itemized Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $933,176 $933,176 $15,516,014 $933,176 $16,449,190 123.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $71,841 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $287,363 $359,204 $359,204 123.3 Annualize the cost of the FY08 salary adjustment. State General Funds $282,682 $282,682 $282,682 123.4 Increase funds for performance based salary adjustments. State General Funds $143,682 $0 $0 123.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $75,907 $75,907 $75,907 123.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $190,036 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($96,225) 123.7 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($82,037) ($82,037) ($82,037) 123.8 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $70,795 $46,690 $0 123.9 Transfer funds to Academic Coach for Math Mentors. State General Funds ($262,000) ($262,000) ($262,000) 123.10 Reduce funds from teacher liability premiums. (H:Eliminate under-utilized teacher liability insurance program) State General Funds ($300,000) ($900,000) ($300,000) 123.11 Transfer contract funding from the accounting handbook revision ($5,675), GPS revision ($41,194), and curriculum guides FRIDAY, MARCH 28, 2008 2629 ($58,578) to Academic Coach for Math Mentors. State General Funds ($105,447) ($105,447) 123.12 Utilize existing funds to establish a local school board training function and 1 position within the Department by redirecting funding from contracts for school board training ($92,500), superintendent materials ($9,700), and local e-board solutions ($57,500). (H:YES)(S:YES) State General Funds $0 $0 123.100 -Central Office Appropriation (HB 990) The purpose of this appropriation is to act as a service oriented agency supporting local school districts. TOTAL STATE FUNDS $41,768,544 $40,967,151 $41,424,236 State General Funds $41,768,544 $40,967,151 $41,424,236 TOTAL FEDERAL FUNDS $38,180,833 $38,180,833 $53,696,847 Federal Funds Not Itemized $38,180,833 $38,180,833 $53,696,847 TOTAL AGENCY FUNDS $7,832,201 $7,832,201 $7,832,201 Contributions, Donations, and Forfeitures $4,323,114 $4,323,114 $4,323,114 Contributions, Donations, and Forfeitures Not Itemized $4,323,114 $4,323,114 $4,323,114 Reserved Fund Balances $2,344,991 $2,344,991 $2,344,991 Reserved Fund Balances Not Itemized $2,344,991 $2,344,991 $2,344,991 Intergovernmental Transfers $1,011,224 $1,011,224 $1,011,224 Intergovernmental Transfers Not Itemized $1,011,224 $1,011,224 $1,011,224 Sales and Services $152,872 $152,872 $152,872 Sales and Services Not Itemized $152,872 $152,872 $152,872 TOTAL PUBLIC FUNDS $87,781,578 $86,980,185 $102,953,284 Charter Schools Continuation Budget The purpose of this appropriation is to support and encourage development and approval of charter public schools as one part of Georgia's overall school improvement strategy, provided that at least $600,000 of this appropriation is designated to fund facilities for State Chartered Special Schools and $625,000 is designated for implementation grants for Charter Systems. TOTAL STATE FUNDS $3,220,193 $3,220,193 $3,220,193 State General Funds $3,220,193 $3,220,193 $3,220,193 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 $9,949,904 $9,949,904 $9,949,904 124.1 Increase funds for a 2.5% cost of living adjustment effective September 1, 2008. (G:Reduce by $24,873 for a 2% cost of living 2630 JOURNAL OF THE SENATE adjustment due to revenue estimate change)(H and S:Transfer funds for the state's virtual charter school to the Quality Basic Education program and provide full funding) State General Funds $99,492 $0 $0 124.2 Increase funds for an additional 2,265 students at the state's virtual charter school. (H and S:Transfer funds for the state's virtual charter school to the Quality Basic Education program and provide full funding) State General Funds $6,373,221 $0 $0 124.3 Increase funds for the Georgia Charter School Commission. State General Funds $260,000 $130,000 124.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $635,980 124.99 SAC: The purpose of this appropriation is to support and encourage development and approval of charter public schools as one part of Georgia's overall school improvement strategy, provided that at least $600,000 of this appropriation is designated to fund facilities for State Chartered Special Schools and $625,000 is designated for implementation grants for Charter Systems. House: The purpose of this appropriation is to support and encourage development and approval of charter public schools as one part of Georgia's overall school improvement strategy, provided that at least $600,000 of this appropriation is designated to fund facilities for State Chartered Special Schools and $625,000 is designated for implementation grants for Charter Systems. Gov Rev: The purpose of this appropriation is to support and encourage development and approval of charter public schools as one part of Georgia's overall school improvement strategy. State General Funds $0 $0 $0 124.100 -Charter Schools Appropriation (HB 990) The purpose of this appropriation is to support and encourage development and approval of charter public schools as one part of Georgia's overall school improvement strategy, provided that at least $600,000 of this appropriation is designated to fund facilities for State Chartered Special Schools and $625,000 is designated for implementation grants for Charter Systems. TOTAL STATE FUNDS $9,692,906 $3,480,193 $3,350,193 State General Funds $9,692,906 $3,480,193 $3,350,193 TOTAL FEDERAL FUNDS $6,729,711 $6,729,711 $7,365,691 Federal Funds Not Itemized $6,729,711 $6,729,711 $7,365,691 TOTAL PUBLIC FUNDS $16,422,617 $10,209,904 $10,715,884 Communities in Schools Continuation Budget The purpose of this appropriation is for Communities in Schools to operate alternative education programs throughout the state, FRIDAY, MARCH 28, 2008 2631 bringing community resources into schools to help students stay in school and prepare for life. TOTAL STATE FUNDS $2,445,623 $2,445,623 $2,445,623 State General Funds $2,445,623 $2,445,623 $2,445,623 TOTAL PUBLIC FUNDS $2,445,623 $2,445,623 $2,445,623 125.1 Reduce one-time funds received for five new Communities in Schools local affiliate programs. State General Funds ($175,000) ($175,000) ($175,000) 125.2 Reduce funds from five Performance Learning Centers (PLC) funded in HB 1027 (FY07). State General Funds ($200,000) ($200,000) ($200,000) 125.3 Utilize existing funds for three new PLCs. (G, H, and S:NO due to revenue estimate change) State General Funds ($750,000) ($750,000) ($750,000) 125.100 -Communities in Schools Appropriation (HB 990) The purpose of this appropriation is for Communities in Schools to operate 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 Curriculum Development Continuation Budget 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 $2,274,833 $2,274,833 $2,274,833 State General Funds $2,274,833 $2,274,833 $2,274,833 TOTAL PUBLIC FUNDS $2,274,833 $2,274,833 $2,274,833 126.1 Reduce funds received for Georgia Performance Standards (GPS) online video clips. (H and S:Eliminate remaining one-time funds) State General Funds ($300,000) ($500,000) ($500,000) 126.2 Reduce funds received for curriculum development in Georgia Performance Standards (GPS). State General Funds ($200,000) ($200,000) ($200,000) 126.100 -Curriculum Development Appropriation (HB 990) 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. 2632 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,774,833 $1,774,833 $1,774,833 $1,574,833 $1,574,833 $1,574,833 $1,574,833 $1,574,833 $1,574,833 Dropout Prevention Continuation Budget The purpose of this appropriation is to reduce dropout rates for Georgia students. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 127.1 Annualize the cost of the FY08 salary adjustment. $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 State General Funds $223,028 $223,028 $223,028 127.2 Increase funds for a 2.5% cost of living adjustment effective September 1, 2008. (G:Reduce by $240,522 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $962,087 $1,202,609 $1,202,609 127.3 Increase funds for training and experience for middle and high school graduation coaches, and add funds for graduation coaches at fourteen new middle and high schools. (G, H and S:Reduce funds for training and experience by $4,213,686 due to revenue estimate change) State General Funds $10,238,722 $10,238,722 $10,238,722 127.4 Increase funds for Very Important Parent (VIP) Recruiters for at-risk elementary, middle, and high schools. (G:Reduce by $5,500,000 due to revenue estimate change) State General Funds $8,750,000 $0 $0 127.5 Reduce funds for graduation coaches. Provide only one graduation coach per combination middle/high school. Local school systems shall allocate graduation coaches among middle and high schools with the highest priority given to serving the greatest number of students at risk of dropping out. State General Funds ($2,435,901) ($2,435,901) 127.6 Reduce start-up funds for training and operations for Graduation Coaches. State General Funds ($216,667) ($216,667) 127.7 Reduce one-time funds for nine Junior Reserve Officer Training Corps (JROTC) programs created in FY08. State General Funds ($540,000) ($540,000) 127.8 Transfer funds from online tutorial contracts to Academic Coach program for Math Mentors. FRIDAY, MARCH 28, 2008 2633 State General Funds ($750,000) ($750,000) 127.100 -Dropout Prevention Appropriation (HB 990) The purpose of this appropriation is to reduce dropout rates for Georgia students. TOTAL STATE FUNDS $65,626,682 $53,174,636 $53,174,636 State General Funds $65,626,682 $53,174,636 $53,174,636 TOTAL PUBLIC FUNDS $65,626,682 $53,174,636 $53,174,636 Federal Programs Continuation Budget The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems. TOTAL STATE FUNDS TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 128.1 Increase funds to reflect projected revenue receipts. $0 $817,561,039 $817,561,039 $817,561,039 $0 $817,561,039 $817,561,039 $817,561,039 $0 $817,561,039 $817,561,039 $817,561,039 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $206,465,250 $206,465,250 $206,465,250 $206,465,250 $206,465,250 $206,465,250 128.100 -Federal Programs Appropriation (HB 990) The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems. TOTAL FEDERAL FUNDS $1,024,026,289 $1,024,026,289 $1,024,026,289 Federal Funds Not Itemized $1,024,026,289 $1,024,026,289 $1,024,026,289 TOTAL PUBLIC FUNDS $1,024,026,289 $1,024,026,289 $1,024,026,289 Foreign Language Continuation Budget The purpose of this appropriation is to provide funds to 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 $1,590,857 129.1 Transfer all funds and activities to the Quality Basic Education Program to increase funding for media materials from $15.31 to $17.55 per FTE for grades K-5 and provide foreign language materials for elementary students statewide. (H and S:Redirect $1,590,857 to the Quality Basic Education program to restore austerity reduction) State General Funds ($1,590,857) ($1,590,857) ($1,590,857) 2634 JOURNAL OF THE SENATE 129.2 Increase funds to provide virtual foreign language instruction to 1,250 elementary students enrolled at the Georgia Virtual Academy. State General Funds $768,750 129.100 -Foreign Language Appropriation (HB 990) The purpose of this appropriation is to provide funds to schools for foreign language instruction. TOTAL STATE FUNDS $768,750 State General Funds $768,750 TOTAL PUBLIC FUNDS $768,750 Georgia Learning Resources System Continuation Budget The purpose of this appropriation 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 131.1 Increase funds to reflect projected revenue receipts. $0 $0 $7,367,573 $7,367,573 $7,367,573 $0 $0 $7,367,573 $7,367,573 $7,367,573 $0 $0 $7,367,573 $7,367,573 $7,367,573 Federal Funds Not Itemized $984,003 $984,003 $984,003 131.99 SAC: 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. House: 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. Gov Rev: The purpose of this program is to provide training and resources to educators and parents of students with disabilities through a network of centers around the state. State General Funds $0 $0 $0 131.100 -Georgia Learning Resources System Appropriation (HB 990) 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 $8,351,576 $8,351,576 $8,351,576 Federal Funds Not Itemized $8,351,576 $8,351,576 $8,351,576 TOTAL PUBLIC FUNDS $8,351,576 $8,351,576 $8,351,576 FRIDAY, MARCH 28, 2008 2635 Georgia Virtual School Continuation Budget The purpose of this appropriation 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 State General Funds TOTAL PUBLIC FUNDS 132.1 Increase funds to reflect projected revenue receipts. $2,198,878 $2,198,878 $2,198,878 $2,198,878 $2,198,878 $2,198,878 $2,198,878 $2,198,878 $2,198,878 Sales and Services Not Itemized $722,213 $722,213 $722,213 132.2 Annualize the cost of the FY08 salary adjustment. State General Funds $6,111 $6,111 $6,111 132.3 Increase funds for a 2.5% cost of living adjustment effective September 1, 2008. (G:Reduce by $17,301 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $69,202 $86,503 $86,503 132.4 Increase funds to provide a total of 6,000 courses. (H and S:Provide funds for 6,500 courses) State General Funds $1,521,870 $1,831,870 $1,831,870 132.100 -Georgia Virtual School Appropriation (HB 990) The purpose of this appropriation 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 $3,796,061 $4,123,362 $4,123,362 State General Funds $3,796,061 $4,123,362 $4,123,362 TOTAL AGENCY FUNDS $722,213 $722,213 $722,213 Sales and Services $722,213 $722,213 $722,213 Sales and Services Not Itemized $722,213 $722,213 $722,213 TOTAL PUBLIC FUNDS $4,518,274 $4,845,575 $4,845,575 Georgia Youth Science and Technology Continuation Budget The purpose of this appropriation is to increase interest and enthusiasm in science and the technologies, particularly among elementary and middle school teachers and students. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 2636 JOURNAL OF THE SENATE 133.1 Transfer all funds to the Quality Basic Education program to restore austerity reduction. State General Funds ($500,000) $0 133.100 -Georgia Youth Science and Technology Appropriation (HB 990) The purpose of this appropriation is to increase interest and enthusiasm in science and the technologies, particularly among elementary and middle school teachers and students. TOTAL STATE FUNDS $500,000 $500,000 State General Funds $500,000 $500,000 TOTAL PUBLIC FUNDS $500,000 $500,000 Governor's Honors Program Continuation Budget The purpose of this appropriation 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 State General Funds TOTAL PUBLIC FUNDS 134.1 Annualize the cost of the FY08 salary adjustment. $1,430,824 $1,430,824 $1,430,824 $1,430,824 $1,430,824 $1,430,824 $1,430,824 $1,430,824 $1,430,824 State General Funds $7,591 $7,591 $7,591 134.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,497 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,986 $7,483 $7,483 134.3 Increase funds for performance based salary adjustments. State General Funds $2,993 $0 $0 134.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $3,959 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,005) 134.100 -Governor's Honors Program Appropriation (HB 990) The purpose of this appropriation 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 $1,447,394 $1,445,898 $1,443,893 State General Funds $1,447,394 $1,445,898 $1,443,893 FRIDAY, MARCH 28, 2008 2637 TOTAL PUBLIC FUNDS $1,447,394 $1,445,898 $1,443,893 Information Technology Services Continuation Budget The purpose of this appropriation is to allow for the collection and reporting of accurate data through the development and maintenance of webenabled applications. TOTAL STATE FUNDS $7,417,319 State General Funds $7,417,319 TOTAL PUBLIC FUNDS $7,417,319 135.1 Reduce funds for the Education Technology Training Centers (ETTCs). $7,417,319 $7,417,319 $7,417,319 $7,417,319 $7,417,319 $7,417,319 State General Funds ($200,000) ($200,000) 135.100 -Information Technology Services Appropriation (HB 990) The purpose of this appropriation is to allow for the collection and reporting of accurate data through the development and maintenance of webenabled applications. TOTAL STATE FUNDS $7,417,319 $7,217,319 $7,217,319 State General Funds $7,417,319 $7,217,319 $7,217,319 TOTAL PUBLIC FUNDS $7,417,319 $7,217,319 $7,217,319 National Board Certification Continuation Budget 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). TOTAL STATE FUNDS $12,294,628 $12,294,628 $12,294,628 State General Funds $12,294,628 $12,294,628 $12,294,628 TOTAL PUBLIC FUNDS $12,294,628 $12,294,628 $12,294,628 136.100 -National Board Certification Appropriation (HB 990) 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). TOTAL STATE FUNDS $12,294,628 $12,294,628 $12,294,628 State General Funds $12,294,628 $12,294,628 $12,294,628 TOTAL PUBLIC FUNDS $12,294,628 $12,294,628 $12,294,628 National Science Center and Foundation Continuation Budget The purpose of this appropriation 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. 2638 JOURNAL OF THE SENATE 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 $1,416,750 137.1 Transfer all funds to the Quality Basic Education program to provide comprehensive staff development training to teachers statewide. (H:Redirect $1,416,750 to the Quality Basic Education program to restore austerity reduction) State General Funds ($1,416,750) ($1,416,750) $0 137.2 Increase funds for the National Science Center, with the National Science Center becoming self-sufficient by FY 2010. State General Funds $500,000 $0 137.100 -National Science Center and Foundation Appropriation (HB 990) The purpose of this appropriation 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 $500,000 $1,416,750 State General Funds $500,000 $1,416,750 TOTAL PUBLIC FUNDS $500,000 $1,416,750 Non Quality Basic Education Formula Grants Continuation Budget The purpose of this appropriation is to provide grants for purchasing cards for classroom supplies, to fund children in residential education facilities, to compensate high performance principals, to fund migrant education, sparsity, and low incidence special education, and provide grants for one-time projects for local education boards. TOTAL STATE FUNDS $25,638,421 State General Funds $25,638,421 TOTAL PUBLIC FUNDS $25,638,421 138.1 Increase funds for classroom cards for new teachers and media centers. $25,638,421 $25,638,421 $25,638,421 $25,638,421 $25,638,421 $25,638,421 State General Funds $260,226 $260,226 $260,226 138.2 Increase funds for the Georgia Special Needs Scholarship. State General Funds $5,656,726 $5,656,726 $5,656,726 138.3 Transfer funds from the summer remediation grants to the Quality Basic Education (QBE) Program for additional instruction. (H and S:Redirect $1,400,000 to the Quality Basic Education program to restore austerity reduction) State General Funds ($1,400,000) ($1,400,000) ($1,400,000) 138.4 Transfer funds from High Performance Principals to the Academic Coach program for the new Mentor Teacher sub-program. (H and S:Reduce funds ($130,000) and transfer funds ($200,000) from High Performance Principals to the Academic Coach FRIDAY, MARCH 28, 2008 2639 program for Mentor Teachers) State General Funds ($330,000) ($330,000) ($330,000) 138.5 Reduce one-time funds received in HB95 (FY08) for a grant for a Regional Agriculture Center for the Toombs County Board of Education. State General Funds ($1,200,000) ($1,200,000) ($1,200,000) 138.99 SAC: The purpose of this appropriation is to provide grants for purchasing cards for classroom supplies, to fund children in residential education facilities, to compensate high performance principals, to fund migrant education, sparsity, and low incidence special education, and provide grants for one-time projects for local education boards. House: The purpose of this appropriation is to provide grants for purchasing cards for classroom supplies, to fund children in residential education facilities, to compensate high performance principals, to fund migrant education, sparsity, and low incidence special education, and provide grants for one-time projects for local education boards. Gov Rev: The purpose of this appropriation is to assure that sufficient funds are provided in order for the state's public school students to receive an effective education. State General Funds $0 $0 $0 138.100 -Non Quality Basic Education Formula Grants Appropriation (HB 990) The purpose of this appropriation is to provide grants for purchasing cards for classroom supplies, to fund children in residential education facilities, to compensate high performance principals, to fund migrant education, sparsity, and low incidence special education, and provide grants for one-time projects for local education boards. TOTAL STATE FUNDS $28,625,373 $28,625,373 $28,625,373 State General Funds $28,625,373 $28,625,373 $28,625,373 TOTAL PUBLIC FUNDS $28,625,373 $28,625,373 $28,625,373 Nutrition Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 139.1 Increase funds to reflect projected revenue receipts. $38,744,387 $38,744,387 $188,375,722 $188,375,722 $227,120,109 $38,744,387 $38,744,387 $188,375,722 $188,375,722 $227,120,109 $38,744,387 $38,744,387 $188,375,722 $188,375,722 $227,120,109 Federal Funds Not Itemized $280,513,815 $280,513,815 $280,513,815 2640 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $280,513,815 $280,513,815 $280,513,815 139.2 Increase funds for a 2.5% cost of living adjustment effective July 1, 2008. (G:Reduce by $215,766 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $863,064 $1,078,830 $1,078,830 139.100 -Nutrition Appropriation (HB 990) 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 $39,607,451 $39,823,217 $39,823,217 State General Funds $39,607,451 $39,823,217 $39,823,217 TOTAL FEDERAL FUNDS $468,889,537 $468,889,537 $468,889,537 Federal Funds Not Itemized $468,889,537 $468,889,537 $468,889,537 TOTAL PUBLIC FUNDS $508,496,988 $508,712,754 $508,712,754 Preschool Handicapped Continuation Budget The purpose of this appropriation is to provide early intervention so students with disabilities will enter schools with the skills to succeed. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 140.1 Annualize the cost of the FY08 salary adjustment. $29,135,155 $29,135,155 $29,135,155 $29,135,155 $29,135,155 $29,135,155 $29,135,155 $29,135,155 $29,135,155 State General Funds $181,205 $181,205 $181,205 140.2 Increase funds for a 2.5% cost of living adjustment effective September 1, 2008. (G:Reduce by $116,820 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $467,279 $584,099 $584,099 140.3 Increase funds for growth in enrollment. State General Funds $457,613 $457,613 $457,613 140.100 -Preschool Handicapped Appropriation (HB 990) The purpose of this appropriation is to provide early intervention so students with disabilities will enter schools with the skills to succeed. TOTAL STATE FUNDS $30,241,252 $30,358,072 $30,358,072 State General Funds $30,241,252 $30,358,072 $30,358,072 TOTAL PUBLIC FUNDS $30,241,252 $30,358,072 $30,358,072 FRIDAY, MARCH 28, 2008 2641 Pupil Transportation Continuation Budget 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 $168,868,769 $168,868,769 $168,868,769 State General Funds $168,868,769 $168,868,769 $168,868,769 TOTAL PUBLIC FUNDS $168,868,769 $168,868,769 $168,868,769 142.1 Increase funds by 2.5% effective July 1, 2008. (G:Reduce by $414,857 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $1,659,425 $2,074,282 $2,074,282 142.100 -Pupil Transportation Appropriation (HB 990) 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 $170,528,194 $170,943,051 $170,943,051 State General Funds $170,528,194 $170,943,051 $170,943,051 TOTAL PUBLIC FUNDS $170,528,194 $170,943,051 $170,943,051 Quality Basic Education Equalization Continuation Budget The purpose of this appropriation is 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 STATE FUNDS $458,323,816 $458,323,816 $458,323,816 State General Funds $458,323,816 $458,323,816 $458,323,816 TOTAL PUBLIC FUNDS $458,323,816 $458,323,816 $458,323,816 143.1 Increase funds for Equalization Grants. (H and S:Increase funds for Equalization Grants to narrow the gap (per pupil resources and spending) between school systems - avoiding a funding shortfall in Fiscal Year 2009 and ensuring compliance with O.C.G.A. 20-2-165) State General Funds $79,496,560 $90,205,727 $79,496,560 143.100 -Quality Basic Education Equalization Appropriation (HB 990) The purpose of this appropriation is 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 STATE FUNDS $537,820,376 $548,529,543 $537,820,376 State General Funds $537,820,376 $548,529,543 $537,820,376 TOTAL PUBLIC FUNDS $537,820,376 $548,529,543 $537,820,376 2642 JOURNAL OF THE SENATE Quality Basic Education Local Five Mill Share Continuation Budget The purpose of this appropriation is to show the Local Five Mill Share as a required local effort and is based on five mills of tax on the equalized adjusted property tax digest. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 144.1 Increase funds. ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) State General Funds ($142,093,503) ($147,373,299) ($147,373,299) 144.100 -Quality Basic Education Local Five Mill Share Appropriation (HB 990) The purpose of this appropriation is to show the Local Five Mill Share as a required local effort and is based on five mills of tax on the equalized adjusted property tax digest. TOTAL STATE FUNDS ($1,685,569,990) ($1,690,849,786) ($1,690,849,786) State General Funds ($1,685,569,990) ($1,690,849,786) ($1,690,849,786) TOTAL PUBLIC FUNDS ($1,685,569,990) ($1,690,849,786) ($1,690,849,786) Quality Basic Education Program Continuation Budget 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 $8,017,517,757 $8,017,517,757 $8,017,517,757 State General Funds $8,017,517,757 $8,017,517,757 $8,017,517,757 TOTAL PUBLIC FUNDS $8,017,517,757 $8,017,517,757 $8,017,517,757 145.1 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $36,135,624 $36,135,624 $35,645,489 145.2 Increase funds for a salary increase of 2.5% effective September 1, 2008. This proposed 2.5% 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. (G:Reduce by $31,803,741 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $127,214,974 $159,018,715 $159,018,715 145.3 Transfer funds from summer remediation grants for additional instruction. (H and S:Transfer funds from summer remediation grants to restore austerity reductions) State General Funds $1,400,000 $1,400,000 $1,400,000 145.4 Transfer funds from the National Science Center and Foundation to provide comprehensive staff development training to FRIDAY, MARCH 28, 2008 2643 teachers statewide. (H:Transfer funds from the National Science Center and Foundation to restore austerity reductions) State General Funds $1,416,750 $1,416,750 $0 145.5 Transfer funds from pilot Foreign Language program to increase funds for media materials from $15.31 to $17.55 per FTE for grades K-5 and provide foreign language materials for elementary students statewide. (H and S:Transfer funds from the Foreign Language program to restore austerity reductions) State General Funds $1,590,857 $1,590,857 $1,590,857 145.6 Increase funds for enrollment growth of 1.09%. (H and S:Recognize 2,265 virtual charter school students within the QBE formula and increase funds for enrollment growth of 1.23%) State General Funds $75,733,394 $83,126,348 $83,126,348 145.7 Increase funds for training and experience pay. State General Funds $135,036,855 $135,036,855 $135,036,855 145.8 Transfer funds from Georgia Youth Science and Technology Centers to restore austerity reductions. State General Funds $500,000 $0 145.9 Increase funds to restore austerity reductions. State General Funds $85,092,393 $53,000,000 145.100 -Quality Basic Education Program Appropriation (HB 990) 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 $8,396,046,211 $8,520,835,299 $8,486,336,021 State General Funds $8,396,046,211 $8,520,835,299 $8,486,336,021 TOTAL PUBLIC FUNDS $8,396,046,211 $8,520,835,299 $8,486,336,021 Regional Education Service Agencies Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 146.1 Annualize the cost of the FY08 salary adjustment. $12,458,083 $12,458,083 $12,458,083 $12,458,083 $12,458,083 $12,458,083 $12,458,083 $12,458,083 $12,458,083 State General Funds $60,089 $60,089 $60,089 2644 JOURNAL OF THE SENATE 146.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $35,934 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $143,734 $179,668 $179,668 146.3 Reduce funds for operations. State General Funds ($249,399) $0 146.4 Transfer funds for one position and operating expenses for Family, Career, and Community Leaders of America (FCCLA) from the Southwest Georgia RESA to the Technology/Career Education program. State General Funds ($164,000) ($164,000) 146.100 -Regional Education Service Agencies Appropriation (HB 990) 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 $12,661,906 $12,284,441 $12,533,840 State General Funds $12,661,906 $12,284,441 $12,533,840 TOTAL PUBLIC FUNDS $12,661,906 $12,284,441 $12,533,840 School Improvement Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS 147.1 Annualize the cost of the FY08 salary adjustment. $11,212,332 $11,212,332 $100,000 $100,000 $100,000 $11,312,332 $11,212,332 $11,212,332 $100,000 $100,000 $100,000 $11,312,332 $11,212,332 $11,212,332 $100,000 $100,000 $100,000 $11,312,332 State General Funds $132,611 $132,611 $132,611 147.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $28,116 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $112,465 $140,581 $140,581 147.3 Increase funds for performance based salary adjustments. FRIDAY, MARCH 28, 2008 2645 State General Funds $56,233 $0 $0 147.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $74,374 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($37,659) 147.5 Transfer funds to the Academic Coach program for a new Math Mentor activity. State General Funds ($1,212,332) ($1,212,332) ($1,212,332) 147.6 Transfer funds from contracts to Academic Coach program for Math Mentors. State General Funds ($44,000) ($44,000) 147.100 -School Improvement Appropriation (HB 990) 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 $10,301,309 $10,229,192 $10,191,533 State General Funds $10,301,309 $10,229,192 $10,191,533 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 $10,401,309 $10,329,192 $10,291,533 School Nurses Continuation Budget The purpose of this appropriation 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 State General Funds $30,000,000 $30,000,000 $30,000,000 TOTAL PUBLIC FUNDS $30,000,000 $30,000,000 $30,000,000 148.100 -School Nurses Appropriation (HB 990) The purpose of this appropriation 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 State General Funds $30,000,000 $30,000,000 $30,000,000 TOTAL PUBLIC FUNDS $30,000,000 $30,000,000 $30,000,000 2646 JOURNAL OF THE SENATE Severely Emotionally Disturbed Continuation Budget The purpose of this appropriation is to provide statewide services to parents and educators of students with disabilities. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 149.1 Annualize the cost of the FY08 salary adjustment. $67,834,466 $67,834,466 $13,359,858 $13,359,858 $81,194,324 $67,834,466 $67,834,466 $13,359,858 $13,359,858 $81,194,324 $67,834,466 $67,834,466 $13,359,858 $13,359,858 $81,194,324 State General Funds $290,340 $290,340 $290,340 149.2 Increase funds for a 2.5% cost of living adjustment effective September 1, 2008. (G:Reduce by $247,898 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $991,590 $1,239,488 $1,239,488 149.3 Increase funds for FY08 pay raises and other statewide budget changes for state-funded positions. State General Funds $1,481,581 $1,481,581 $1,481,581 149.100 -Severely Emotionally Disturbed Appropriation (HB 990) The purpose of this appropriation is to provide statewide services to parents and educators of students with disabilities. TOTAL STATE FUNDS $70,597,977 $70,845,875 $70,845,875 State General Funds $70,597,977 $70,845,875 $70,845,875 TOTAL FEDERAL FUNDS $13,359,858 $13,359,858 $13,359,858 Federal Funds Not Itemized $13,359,858 $13,359,858 $13,359,858 TOTAL PUBLIC FUNDS $83,957,835 $84,205,733 $84,205,733 State Interagency Transfers Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 150.1 Increase funds to reflect projected revenue receipts. $288,275,151 $288,275,151 $18,888,697 $18,888,697 $307,163,848 $288,275,151 $288,275,151 $18,888,697 $18,888,697 $307,163,848 $288,275,151 $288,275,151 $18,888,697 $18,888,697 $307,163,848 Federal Funds Not Itemized $556,379 $556,379 $556,379 FRIDAY, MARCH 28, 2008 2647 150.2 Transfer funds to Academic Coach for new Math Mentors. State General Funds ($467,660) ($467,660) ($467,660) 150.3 Reduce funding for health insurance to reflect advanced payment in HB989 (FY08A). State General Funds ($30,345,470) ($30,345,470) 150.100 -State Interagency Transfers Appropriation (HB 990) 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 $287,807,491 $257,462,021 $257,462,021 State General Funds $287,807,491 $257,462,021 $257,462,021 TOTAL FEDERAL FUNDS $19,445,076 $19,445,076 $19,445,076 Federal Funds Not Itemized $19,445,076 $19,445,076 $19,445,076 TOTAL PUBLIC FUNDS $307,252,567 $276,907,097 $276,907,097 State Schools Continuation Budget The purpose of this appropriation is for the 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 STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 152.1 Increase funds to reflect projected revenue receipts. $22,699,506 $22,699,506 $932,715 $828,560 $828,560 $104,155 $104,155 $23,632,221 $22,699,506 $22,699,506 $932,715 $828,560 $828,560 $104,155 $104,155 $23,632,221 $22,699,506 $22,699,506 $932,715 $828,560 $828,560 $104,155 $104,155 $23,632,221 Contributions, Donations, and Forfeitures Not Itemized $716,484 $716,484 $716,484 152.2 Annualize the cost of the FY08 salary adjustment. State General Funds $89,204 $89,204 $89,204 152.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $53,069 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $212,276 $265,345 $265,345 2648 JOURNAL OF THE SENATE 152.4 Increase funds to purchase textbooks for each of the three state schools. (G:Reduce by $80,835 due to revenue estimate change)(H and S:Use existing funds ($100,000) and add additional funds ($119,165) to provide $73,055 per state school for new textbooks) State General Funds $119,165 $119,165 $119,165 152.5 Increase funds for training and experience pay. State General Funds $184,589 $184,589 $184,589 152.100 -State Schools Appropriation (HB 990) The purpose of this appropriation is for the 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 STATE FUNDS $23,304,740 $23,357,809 $23,357,809 State General Funds $23,304,740 $23,357,809 $23,357,809 TOTAL AGENCY FUNDS $1,649,199 $1,649,199 $1,649,199 Contributions, Donations, and Forfeitures $716,484 $716,484 $716,484 Contributions, Donations, and Forfeitures Not Itemized $716,484 $716,484 $716,484 Intergovernmental Transfers $828,560 $828,560 $828,560 Intergovernmental Transfers Not Itemized $828,560 $828,560 $828,560 Sales and Services $104,155 $104,155 $104,155 Sales and Services Not Itemized $104,155 $104,155 $104,155 TOTAL PUBLIC FUNDS $24,953,939 $25,007,008 $25,007,008 Technology/Career Education Continuation Budget The purpose of this appropriation is to equip students with academic, technical and leadership skills. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 153.1 Increase funds to reflect projected revenue receipts. $16,377,965 $16,377,965 $20,606,546 $20,606,546 $4,009,567 $4,009,567 $4,009,567 $40,994,078 $16,377,965 $16,377,965 $20,606,546 $20,606,546 $4,009,567 $4,009,567 $4,009,567 $40,994,078 $16,377,965 $16,377,965 $20,606,546 $20,606,546 $4,009,567 $4,009,567 $4,009,567 $40,994,078 Federal Funds Not Itemized $1,667,226 $1,667,226 $1,667,226 FRIDAY, MARCH 28, 2008 2649 Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $8,994,901 $10,662,127 $8,994,901 $10,662,127 $8,994,901 $10,662,127 153.2 Annualize the cost of the FY08 salary adjustment. State General Funds $47,627 $47,627 $47,627 153.3 Increase funds for a cost of living adjustment of 2.5% effective September 1, 2008. (G:Reduce by $41,476 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $165,904 $207,380 $207,380 153.4 Transfer funds for one position and operating expenses for Family, Career, and Community Leaders of America (FCCLA) from the Southwest Georgia RESA. State General Funds $164,000 $164,000 153.5 Increase funds for the Classroom Technology initiative. State General Funds $900,000 153.100 -Technology/Career Education Appropriation (HB 990) The purpose of this appropriation is to equip students with academic, technical and leadership skills. TOTAL STATE FUNDS $16,591,496 $16,796,972 $17,696,972 State General Funds $16,591,496 $16,796,972 $17,696,972 TOTAL FEDERAL FUNDS $22,273,772 $22,273,772 $22,273,772 Federal Funds Not Itemized $22,273,772 $22,273,772 $22,273,772 TOTAL AGENCY FUNDS $13,004,468 $13,004,468 $13,004,468 Intergovernmental Transfers $13,004,468 $13,004,468 $13,004,468 Intergovernmental Transfers Not Itemized $13,004,468 $13,004,468 $13,004,468 TOTAL PUBLIC FUNDS $51,869,736 $52,075,212 $52,975,212 Testing Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $24,643,020 $24,643,020 $10,454,191 $10,454,191 $35,097,211 $24,643,020 $24,643,020 $10,454,191 $10,454,191 $35,097,211 $24,643,020 $24,643,020 $10,454,191 $10,454,191 $35,097,211 2650 JOURNAL OF THE SENATE 154.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $3,210,353 $3,210,353 $3,210,353 154.2 Reduce funds from the Web-Based Accountability project. State General Funds ($800,000) ($800,000) ($800,000) 154.3 Increase funds for the English Language Learners assessment. State General Funds $781,000 $390,500 154.4 Reduce funds for the ACT/SAT waiver based on projected participation. (S:Eliminate the ACT/SAT waiver) State General Funds ($1,050,000) ($1,250,000) 154.5 Reduce funds from the base budget for the appropriation in line 154.101. (S:NO) State General Funds ($354,075) $0 154.100 -Testing Appropriation (HB 990) 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 $23,843,020 $23,219,945 $22,983,520 State General Funds $23,843,020 $23,219,945 $22,983,520 TOTAL FEDERAL FUNDS $13,664,544 $13,664,544 $13,664,544 Federal Funds Not Itemized $13,664,544 $13,664,544 $13,664,544 TOTAL PUBLIC FUNDS $37,507,564 $36,884,489 $36,648,064 154.101 Special Project - Testing: Increase funds to provide Advanced Placement Exams for private school students on the same basis as public school students. State General Funds $354,075 $0 Tuition for Multi-Handicapped Continuation Budget 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 $1,658,859 State General Funds $1,658,859 $1,658,859 $1,658,859 TOTAL PUBLIC FUNDS $1,658,859 $1,658,859 $1,658,859 155.100 -Tuition for Multi-Handicapped Appropriation (HB 990) The purpose of this appropriation is to provide funds to assist school systems that have multi-handicapped students. These funds are FRIDAY, MARCH 28, 2008 2651 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 $2,699.44. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. Section 23: Employees' Retirement System of Georgia TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $4,674,801 $4,674,801 $4,674,801 $4,674,801 $2,599,119 $2,599,119 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $17,960,151 $17,960,151 $25,234,071 $25,234,071 Section Total - Final $4,776,326 $5,520,326 $4,776,326 $5,520,326 $2,603,196 $2,602,879 $2,603,196 $2,602,879 $15,182,797 $15,753,306 $15,182,797 $15,753,306 $22,562,319 $23,876,511 $4,674,801 $4,674,801 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $25,234,071 $8,183,326 $8,183,326 $2,602,276 $2,602,276 $15,720,993 $15,720,993 $26,506,595 Deferred Compensation Continuation Budget 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 STATE FUNDS State General Funds TOTAL AGENCY FUNDS $0 $0 $2,599,119 $0 $0 $2,599,119 $0 $0 $2,599,119 2652 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 156.1 Annualize the cost of the FY08 salary adjustment. $2,599,119 $2,599,119 $2,599,119 $2,599,119 $2,599,119 $2,599,119 $2,599,119 $2,599,119 $2,599,119 Sales and Services Not Itemized $1,226 $1,226 $1,226 156.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $317 for a 2% cost of living adjustment due to revenue estimate change) Sales and Services Not Itemized $1,269 $1,586 $1,586 156.3 Increase funds for performance based salary adjustments. Sales and Services Not Itemized $634 $0 $0 156.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $1,190 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) Sales and Services Not Itemized $0 $0 ($603) 156.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. Sales and Services Not Itemized $248 $248 $248 156.6 Increase funds for accounting services provided by the Teachers' Retirement System (TRS). Sales and Services Not Itemized $700 $700 $700 156.100 -Deferred Compensation Appropriation (HB 990) 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 $2,603,196 $2,602,879 $2,602,276 Sales and Services $2,603,196 $2,602,879 $2,602,276 Sales and Services Not Itemized $2,603,196 $2,602,879 $2,602,276 TOTAL PUBLIC FUNDS $2,603,196 $2,602,879 $2,602,276 Georgia Military Pension Fund Continuation Budget The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,103,073 $1,103,073 $1,103,073 $1,103,073 $1,103,073 $1,103,073 $1,103,073 $1,103,073 $1,103,073 FRIDAY, MARCH 28, 2008 2653 157.1 Increase funds to the level required by the latest actuarial report. State General Funds $219,951 $219,951 $219,951 157.100 -Georgia Military Pension Fund Appropriation (HB 990) The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard. TOTAL STATE FUNDS $1,323,024 $1,323,024 $1,323,024 State General Funds $1,323,024 $1,323,024 $1,323,024 TOTAL PUBLIC FUNDS $1,323,024 $1,323,024 $1,323,024 System Administration Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS 158.1 Annualize the cost of the FY08 salary adjustment. $0 $0 $17,960,151 $17,960,151 $17,960,151 $17,960,151 $0 $0 $17,960,151 $17,960,151 $17,960,151 $17,960,151 $0 $0 $17,960,151 $17,960,151 $17,960,151 $17,960,151 Retirement Payments $65,552 $65,552 $65,552 158.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $16,991 for a 2% cost of living adjustment due to revenue estimate change) Retirement Payments $67,964 $84,955 $84,955 158.3 Increase funds for performance based salary adjustments. Retirement Payments $33,982 $0 $0 158.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $63,815 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) Retirement Payments $0 $0 ($32,313) 158.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. Retirement Payments $13,283 $13,283 $13,283 2654 JOURNAL OF THE SENATE 158.6 Reduce funds to reflect the completion of the Pension and Retirement Information System (PARIS). Retirement Payments ($2,958,135) ($2,958,135) ($2,958,135) 158.99 SAC: The purpose of this appropriation is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. House: The purpose of this appropriation is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. Gov Rev: The purpose of this appropriation is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. State General Funds $0 $0 $0 158.100 -System Administration Appropriation (HB 990) The purpose of this appropriation is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $15,182,797 $15,165,806 $15,133,493 State Funds Transfers $15,182,797 $15,165,806 $15,133,493 Retirement Payments $15,182,797 $15,165,806 $15,133,493 TOTAL PUBLIC FUNDS $15,182,797 $15,165,806 $15,133,493 Public School Employees Retirement System Continuation Budget 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 the Public School Employees' Retirement System shall not exceed $41.80. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 159.1 Reduce funds to reflect actuarial value. $3,571,728 $3,571,728 $3,571,728 $3,571,728 $3,571,728 $3,571,728 $3,571,728 $3,571,728 $3,571,728 State General Funds ($118,426) ($118,426) ($118,426) 159.2 Increase funds to raise the benefit accrual for each year of service by $0.25 per month to bring the rate from $14.25 to $14.50. (S:Increase funds to raise the benefit accrual for each year of service by $0.75 per month to bring the rate from $14.25 to $15.00) State General Funds $1,331,500 $3,994,500 159.3 Replace funds for program administration. State General Funds ($587,500) ($587,500) FRIDAY, MARCH 28, 2008 2655 Retirement Payments TOTAL PUBLIC FUNDS $587,500 $0 $587,500 $0 159.99 SAC: The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide timely and accurate payment of retirement benefits. House: The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide timely and accurate payment of retirement benefits. Gov Rev: 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. State General Funds $0 $0 $0 159.100 -Public School Employees Retirement System Appropriation (HB 990) The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide timely and accurate payment of retirement benefits. TOTAL STATE FUNDS $3,453,302 $4,197,302 $6,860,302 State General Funds $3,453,302 $4,197,302 $6,860,302 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $587,500 $587,500 State Funds Transfers $587,500 $587,500 Retirement Payments $587,500 $587,500 TOTAL PUBLIC FUNDS $3,453,302 $4,784,802 $7,447,802 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 2009. It is the intent of the General Assembly that the employer contribution for Public School Employees' Retirement System shall not exceed $40.82 per member for State Fiscal Year 2009. Section 24: Forestry Commission, State TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Royalties and Rents Section Total - Continuation $37,140,677 $37,140,677 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 $37,140,677 $37,140,677 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 $37,140,677 $37,140,677 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 2656 JOURNAL OF THE SENATE Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS $5,530,070 $5,530,070 $50,670,582 $50,670,582 Section Total - Final $39,611,852 $39,259,296 $39,611,852 $39,259,296 $7,861,835 $7,861,835 $7,861,835 $7,861,835 $5,668,070 $5,668,070 $125,000 $125,000 $13,000 $13,000 $5,530,070 $5,530,070 $53,141,757 $52,789,201 $5,530,070 $50,670,582 $39,379,863 $39,379,863 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $52,909,768 Commission Administration Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 160.1 Annualize the cost of the FY08 salary adjustment. $4,540,066 $4,540,066 $4,872 $4,872 $4,872 $4,544,938 $4,540,066 $4,540,066 $4,872 $4,872 $4,872 $4,544,938 $4,540,066 $4,540,066 $4,872 $4,872 $4,872 $4,544,938 State General Funds $34,463 $34,463 $34,463 160.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $6,393 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $25,573 $31,966 $31,966 160.3 Increase funds for performance based salary adjustments. State General Funds $12,787 $0 $0 160.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $25,396 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) FRIDAY, MARCH 28, 2008 2657 State General Funds $0 $0 ($12,859) 160.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $12,771 $12,771 $12,771 160.6 Increase funds for ongoing facilities maintenance needs. (G:Reduce by $860,000 due to revenue estimate change)(H and S:Reduce by $860,000 due to revenue estimate change and fund with bonds) State General Funds $0 $0 $0 160.100 -Commission Administration Appropriation (HB 990) 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 $4,625,660 $4,619,266 $4,606,407 State General Funds $4,625,660 $4,619,266 $4,606,407 TOTAL AGENCY FUNDS $4,872 $4,872 $4,872 Sales and Services $4,872 $4,872 $4,872 Sales and Services Not Itemized $4,872 $4,872 $4,872 TOTAL PUBLIC FUNDS $4,630,532 $4,624,138 $4,611,279 Forest Management Continuation Budget The purpose of this appropriation is to provide forestry inventory data, manage state-owned forests, provide technical assistance on forest health and water quality issues to forest landowners, administer federal forestry programs, assist communities with management of forested greenspace, market forestry products and provide technical assistance to the forestry industry. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 161.1 Annualize the cost of the FY08 salary adjustment. $3,691,168 $3,691,168 $5,977,662 $5,977,662 $677,587 $125,000 $125,000 $552,587 $552,587 $10,346,417 $3,691,168 $3,691,168 $5,977,662 $5,977,662 $677,587 $125,000 $125,000 $552,587 $552,587 $10,346,417 $3,691,168 $3,691,168 $5,977,662 $5,977,662 $677,587 $125,000 $125,000 $552,587 $552,587 $10,346,417 State General Funds $54,745 $54,745 $54,745 2658 JOURNAL OF THE SENATE 161.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $6,078 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $24,313 $30,391 $30,391 161.3 Increase funds for performance based salary adjustments. State General Funds $12,156 $0 $0 161.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $24,145 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($12,226) 161.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $16,653 $16,653 $16,653 161.6 Reduce funds from Southern Forest World. State General Funds ($28,500) ($28,500) $0 161.7 Increase funds for two conservation forester positions and for other operating expenses to coordinate conservation easement donations with the Georgia Land Conservation Program. State General Funds $182,620 $0 $182,620 161.100 -Forest Management Appropriation (HB 990) The purpose of this appropriation is to provide forestry inventory data, manage state-owned forests, provide technical assistance on forest health and water quality issues to forest landowners, administer federal forestry programs, assist communities with management of forested greenspace, market forestry products and provide technical assistance to the forestry industry. TOTAL STATE FUNDS $3,953,155 $3,764,457 $3,963,351 State General Funds $3,953,155 $3,764,457 $3,963,351 TOTAL FEDERAL FUNDS $5,977,662 $5,977,662 $5,977,662 Federal Funds Not Itemized $5,977,662 $5,977,662 $5,977,662 TOTAL AGENCY FUNDS $677,587 $677,587 $677,587 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 $552,587 $552,587 $552,587 Sales and Services Not Itemized $552,587 $552,587 $552,587 TOTAL PUBLIC FUNDS $10,608,404 $10,419,706 $10,618,600 FRIDAY, MARCH 28, 2008 2659 Forest Protection Continuation Budget The purpose of this appropriation is to protect the public and forest resources by detecting and suppressing forest fires, assisting landowners with fire prevention techniques, educating the public about the dangers of wildfires, and providing programs to support rural fire departments. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 162.1 Annualize the cost of the FY08 salary adjustment. $28,973,218 $28,973,218 $1,814,173 $1,814,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $34,271,502 $28,973,218 $28,973,218 $1,814,173 $1,814,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $34,271,502 $28,973,218 $28,973,218 $1,814,173 $1,814,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $34,271,502 State General Funds $306,563 $306,563 $306,563 162.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $47,333 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $189,333 $236,666 $236,666 162.3 Increase funds for performance based salary adjustments. State General Funds $94,667 $0 $0 162.4 Increase funds to provide salary adjustments for critical jobs. State General Funds $42,845 $42,845 $42,845 162.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $22,372 $22,372 $22,372 162.6 Increase funds to make special adjustments to selected job classes. State General Funds $929,960 $929,960 $929,960 162.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $188,022 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) 2660 JOURNAL OF THE SENATE State General Funds $0 $0 ($95,205) 162.8 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $139,271 $139,271 $139,271 162.9 Add funds for two new arson investigators and for related operating expenses to reestablish a wildfire arson investigation program to enforce arson and other forestry laws. (H:Provide funds for two new arson investigator positions) State General Funds $131,000 $101,000 $131,000 162.10 Increase funds to fill one helicopter pilot position and one aviation maintenance/inspection position to provide air support for wildfire detection and suppression. State General Funds $178,721 $178,721 $178,721 162.11 Increase funds to retrofit a Bell 407 helicopter to improve firefighting capabilities. State General Funds $80,000 $0 $0 162.100 -Forest Protection Appropriation (HB 990) The purpose of this appropriation is to protect the public and forest resources by detecting and suppressing forest fires, assisting landowners with fire prevention techniques, educating the public about the dangers of wildfires, and providing programs to support rural fire departments. TOTAL STATE FUNDS $31,087,950 $30,930,616 $30,865,411 State General Funds $31,087,950 $30,930,616 $30,865,411 TOTAL FEDERAL FUNDS $1,814,173 $1,814,173 $1,814,173 Federal Funds Not Itemized $1,814,173 $1,814,173 $1,814,173 TOTAL AGENCY FUNDS $3,484,111 $3,484,111 $3,484,111 Royalties and Rents $13,000 $13,000 $13,000 Royalties and Rents Not Itemized $13,000 $13,000 $13,000 Sales and Services $3,471,111 $3,471,111 $3,471,111 Sales and Services Not Itemized $3,471,111 $3,471,111 $3,471,111 TOTAL PUBLIC FUNDS $36,386,234 $36,228,900 $36,163,695 Tree Improvement Continuation Budget The purpose of this appropriation is to provide Georgia's landowners with genetically superior seedlings to ensure increased volume and superior quality of trees grown. TOTAL STATE FUNDS State General Funds $121,994 $121,994 $121,994 $121,994 $121,994 $121,994 FRIDAY, MARCH 28, 2008 2661 TOTAL PUBLIC FUNDS 163.1 Annualize the cost of the FY08 salary adjustment. $121,994 $121,994 $121,994 State General Funds $606 $606 $606 163.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $131 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $522 $653 $653 163.3 Increase funds for performance based salary adjustments. State General Funds $261 $0 $0 163.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $519 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($263) 163.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $297 $297 $297 163.100 -Tree Improvement Appropriation (HB 990) The purpose of this appropriation is to provide Georgia's landowners with genetically superior seedlings to ensure increased volume and superior quality of trees grown. TOTAL STATE FUNDS $123,680 $123,550 $123,287 State General Funds $123,680 $123,550 $123,287 TOTAL PUBLIC FUNDS $123,680 $123,550 $123,287 Tree Seedling Nursery Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized ($185,769) ($185,769) $70,000 $70,000 $1,501,500 $1,501,500 $1,501,500 ($185,769) ($185,769) $70,000 $70,000 $1,501,500 $1,501,500 $1,501,500 ($185,769) ($185,769) $70,000 $70,000 $1,501,500 $1,501,500 $1,501,500 2662 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS 164.1 Annualize the cost of the FY08 salary adjustment. $1,385,731 $1,385,731 $1,385,731 State General Funds $7,176 $7,176 $7,176 164.100 -Tree Seedling Nursery Appropriation (HB 990) 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. TOTAL STATE FUNDS ($178,593) ($178,593) ($178,593) State General Funds ($178,593) ($178,593) ($178,593) 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 Sales and Services $1,501,500 $1,501,500 $1,501,500 Sales and Services Not Itemized $1,501,500 $1,501,500 $1,501,500 TOTAL PUBLIC FUNDS $1,392,907 $1,392,907 $1,392,907 The above appropriations reflect annual debt service payments from the Herty Advanced Materials Development Center in an amount of $168,155 for year 17 of 20 years, last payment being made June 1, 2011. Section 25: Governor, Office of the TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Section Total - Continuation $46,716,383 $46,716,383 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 $46,716,383 $46,716,383 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 $46,716,383 $46,716,383 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 FRIDAY, MARCH 28, 2008 2663 TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $59,253,461 $59,253,461 Section Total - Final $48,775,855 $47,567,262 $48,775,855 $47,567,262 $36,849,386 $36,849,386 $36,849,386 $36,849,386 $2,444,636 $2,444,636 $10,000 $10,000 $500,000 $500,000 $100,000 $100,000 $1,083,983 $1,083,983 $561,056 $561,056 $189,597 $189,597 $147,325 $147,325 $147,325 $147,325 $88,217,202 $87,008,609 $59,253,461 $47,749,172 $47,749,172 $37,082,733 $37,082,733 $2,451,042 $10,000 $500,000 $100,000 $1,083,983 $567,462 $189,597 $147,325 $147,325 $87,430,272 Governor's Emergency Fund Continuation Budget The purpose of this appropriation 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 $3,469,576 165.1 Increase funds for potential emergencies and natural disasters. (G, H, and S:Reduce by $2,800,000 due to revenue estimate change) State General Funds $0 $0 $0 165.100 -Governor's Emergency Fund Appropriation (HB 990) The purpose of this appropriation 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 2664 JOURNAL OF THE SENATE Governor's Office Continuation Budget 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 per OCGA 45-7-4 shall be $40,000. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 166.1 Increase funds to reflect projected revenue receipts. $7,653,328 $7,653,328 $4,000,000 $4,000,000 $100,000 $100,000 $100,000 $11,753,328 $7,653,328 $7,653,328 $4,000,000 $4,000,000 $100,000 $100,000 $100,000 $11,753,328 $7,653,328 $7,653,328 $4,000,000 $4,000,000 $100,000 $100,000 $100,000 $11,753,328 Federal Funds Not Itemized $1,196,851 $1,196,851 $1,196,851 166.2 Annualize the cost of the FY08 salary adjustment. State General Funds $61,759 $61,759 $61,759 166.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $10,590 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $42,360 $52,950 $52,950 166.4 Increase funds for performance based salary adjustments. State General Funds $21,180 $0 $0 166.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $40,958 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($20,739) 166.100 -Governor's Office Appropriation (HB 990) 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 per OCGA 45-7-4 shall be $40,000. TOTAL STATE FUNDS $7,778,627 $7,768,037 $7,747,298 State General Funds $7,778,627 $7,768,037 $7,747,298 FRIDAY, MARCH 28, 2008 2665 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $5,196,851 $5,196,851 $100,000 $100,000 $100,000 $13,075,478 $5,196,851 $5,196,851 $100,000 $100,000 $100,000 $13,064,888 $5,196,851 $5,196,851 $100,000 $100,000 $100,000 $13,044,149 Arts, Georgia Council for the Continuation Budget The purpose of this appropriation is to provide general operation support and project support grants for art organizations. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS 167.1 Increase funds to reflect projected revenue receipts. $4,188,948 $4,188,948 $650,528 $650,528 $10,000 $10,000 $10,000 $4,849,476 $4,188,948 $4,188,948 $650,528 $650,528 $10,000 $10,000 $10,000 $4,849,476 $4,188,948 $4,188,948 $650,528 $650,528 $10,000 $10,000 $10,000 $4,849,476 Federal Funds Not Itemized $8,872 $8,872 $8,872 167.2 Annualize the cost of the FY08 salary adjustment. State General Funds $7,350 $7,350 $7,350 167.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $858 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $3,429 $4,286 $4,286 167.4 Increase funds for performance based salary adjustments. State General Funds $1,715 $0 $0 167.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $3,315 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,679) 167.6 Increase funds for Georgia Humanities grant. 2666 JOURNAL OF THE SENATE State General Funds $25,000 $0 $0 167.7 Increase funds for grassroots arts program. State General Funds $250,000 167.100 -Arts, Georgia Council for the Appropriation (HB 990) The purpose of this appropriation is to provide general operation support and project support grants for art organizations. TOTAL STATE FUNDS $4,226,442 $4,200,584 $4,448,905 State General Funds $4,226,442 $4,200,584 $4,448,905 TOTAL FEDERAL FUNDS $659,400 $659,400 $659,400 Federal Funds Not Itemized $659,400 $659,400 $659,400 TOTAL AGENCY FUNDS $10,000 $10,000 $10,000 Contributions, Donations, and Forfeitures $10,000 $10,000 $10,000 Contributions, Donations, and Forfeitures Not Itemized $10,000 $10,000 $10,000 TOTAL PUBLIC FUNDS $4,895,842 $4,869,984 $5,118,305 Child Advocate, Office of the Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 168.1 Increase funds to reflect projected receipts. $783,235 $783,235 $8,600 $8,600 $25 $25 $25 $791,860 $783,235 $783,235 $8,600 $8,600 $25 $25 $25 $791,860 $783,235 $783,235 $8,600 $8,600 $25 $25 $25 $791,860 Federal Funds Not Itemized $92,000 $92,000 $92,000 168.2 Annualize the cost of the FY08 salary adjustment. State General Funds $9,534 $9,534 $9,534 168.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,592 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $6,367 $7,959 $7,959 FRIDAY, MARCH 28, 2008 2667 168.4 Increase funds for performance based salary adjustments. State General Funds $3,184 $0 $0 168.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $6,141 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($3,110) 168.6 Reduce funds from operations. State General Funds ($10,664) ($10,664) ($10,664) 168.7 Increase funds to replace vehicles with 135,000 or more miles to be used for investigative purposes. [One-Time Change] State General Funds $15,664 $0 $0 168.8 Increase funds for a statewide needs assessment of child-welfare resources and services. State General Funds $70,000 $70,000 $70,000 168.9 Increase funds for supplementing existing file and data management system with the web-based version of the FORTIS computer program. State General Funds $13,500 $13,500 $13,500 168.10 Reduce funds to realize efficiencies gained through the consolidation of the Office of the Child Advocate and Child Fatality Review Panel. State General Funds ($51,258) ($51,258) ($51,258) 168.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $233,347 Sales and Services Not Itemized $6,406 TOTAL PUBLIC FUNDS $239,753 168.100 -Child Advocate, Office of the Appropriation (HB 990) 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 $839,562 $822,306 $819,196 State General Funds $839,562 $822,306 $819,196 TOTAL FEDERAL FUNDS $100,600 $100,600 $333,947 Federal Funds Not Itemized $100,600 $100,600 $333,947 TOTAL AGENCY FUNDS $25 $25 $6,431 2668 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $25 $25 $940,187 $25 $25 $922,931 $6,431 $6,431 $1,159,574 Consumer Affairs, Governor's Office of Continuation Budget The purpose of this appropriation is 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 STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS 169.1 Increase funds to reflect projected revenue receipts. $8,146,604 $8,146,604 $567,689 $400,000 $400,000 $167,689 $167,689 $8,714,293 $8,146,604 $8,146,604 $567,689 $400,000 $400,000 $167,689 $167,689 $8,714,293 $8,146,604 $8,146,604 $567,689 $400,000 $400,000 $167,689 $167,689 $8,714,293 Rebates, Refunds, and Reimbursements Not Itemized Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $983,306 $21,908 $1,005,214 $983,306 $21,908 $1,005,214 $983,306 $21,908 $1,005,214 169.2 Annualize the cost of the FY08 salary adjustment. State General Funds $72,829 $72,829 $72,829 169.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $14,153 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $56,613 $70,766 $70,766 169.4 Increase funds for performance based salary adjustments. State General Funds $28,307 $0 $0 169.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $488 $488 $488 169.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $54,343 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) FRIDAY, MARCH 28, 2008 2669 State General Funds $0 $0 ($27,517) 169.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $18,047 $18,047 $18,047 169.8 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $35,054 $23,119 $0 169.9 Increase funds for fourteen existing vacant positions to staff the 1-800-Georgia call center, supporting a projected growth in call volume of 1.8 million calls in FY09 versus 1.2 million in FY08. (H and S:Provide funds for seven new positions) State General Funds $800,000 $400,000 $300,000 169.10 Increase funds for a web-based enhancement to allow state employees and citizens online access to the "Knowledge Base" database. (G, H, and S:Reduce by $270,000 due to revenue estimate change) State General Funds $0 $0 $0 169.11 Increase funds for the ongoing maintenance of the "Knowledge Base" database, an online encyclopedia and directory of state services. (G, H, and S:Reduce by $280,000 due to revenue estimate change) State General Funds $0 $0 $0 169.12 Increase funds for the Office of Mental Health Ombudsman per SB534 (2008 Session). State General Funds $125,000 169.100 -Consumer Affairs, Governor's Office of Appropriation (HB 990) The purpose of this appropriation is 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 STATE FUNDS $9,157,942 $8,731,853 $8,706,217 State General Funds $9,157,942 $8,731,853 $8,706,217 TOTAL AGENCY FUNDS $1,572,903 $1,572,903 $1,572,903 Rebates, Refunds, and Reimbursements $983,306 $983,306 $983,306 Rebates, Refunds, and Reimbursements Not Itemized $983,306 $983,306 $983,306 Sales and Services $400,000 $400,000 $400,000 Sales and Services Not Itemized $400,000 $400,000 $400,000 Sanctions, Fines, and Penalties $189,597 $189,597 $189,597 Sanctions, Fines, and Penalties Not Itemized $189,597 $189,597 $189,597 TOTAL PUBLIC FUNDS $10,730,845 $10,304,756 $10,279,120 2670 JOURNAL OF THE SENATE Emergency Management Agency, Georgia Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS 170.1 Increase funds to reflect projected revenue receipts. $2,500,145 $2,500,145 $5,490,056 $5,490,056 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $8,798,057 $2,500,145 $2,500,145 $5,490,056 $5,490,056 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $8,798,057 $2,500,145 $2,500,145 $5,490,056 $5,490,056 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $8,798,057 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $24,213,126 $24,213,126 $24,213,126 $24,213,126 $24,213,126 $24,213,126 170.2 Annualize the cost of the FY08 salary adjustment. State General Funds $20,031 $20,031 $20,031 170.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,561 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $14,242 $17,803 $17,803 170.4 Increase funds for performance based salary adjustments. State General Funds $7,121 $0 $0 170.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $13,689 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($6,931) 170.6 Reduce one-time funds received for costs associated with an uninterruptible power supply. FRIDAY, MARCH 28, 2008 2671 State General Funds ($125,000) ($125,000) ($125,000) 170.7 Increase funds for an Emergency Operation Center Facility in Fayette County. [One-Time Change] State General Funds $100,000 170.100 -Emergency Management Agency, Georgia Appropriation (HB 990) 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 $2,416,539 $2,412,979 $2,506,048 State General Funds $2,416,539 $2,412,979 $2,506,048 TOTAL FEDERAL FUNDS $29,703,182 $29,703,182 $29,703,182 Federal Funds Not Itemized $29,703,182 $29,703,182 $29,703,182 TOTAL AGENCY FUNDS $660,531 $660,531 $660,531 Reserved Fund Balances $500,000 $500,000 $500,000 Reserved Fund Balances Not Itemized $500,000 $500,000 $500,000 Sales and Services $160,531 $160,531 $160,531 Sales and Services Not Itemized $160,531 $160,531 $160,531 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $147,325 $147,325 $147,325 State Funds Transfers $147,325 $147,325 $147,325 Agency to Agency Contracts $147,325 $147,325 $147,325 TOTAL PUBLIC FUNDS $32,927,577 $32,924,017 $33,017,086 Equal Opportunity, Georgia Commission on Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 171.1 Increase funds to reflect projected revenue receipts. $714,349 $714,349 $387,217 $387,217 $1,101,566 $714,349 $714,349 $387,217 $387,217 $1,101,566 $714,349 $714,349 $387,217 $387,217 $1,101,566 Federal Funds Not Itemized $388,206 $388,206 $388,206 171.2 Annualize the cost of the FY08 salary adjustment. State General Funds $8,384 $8,384 $8,384 2672 JOURNAL OF THE SENATE 171.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,320 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,279 $6,599 $6,599 171.4 Increase funds for performance based salary adjustments. State General Funds $2,640 $0 $0 171.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $5,045 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,555) 171.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $6,186 $4,080 $0 171.7 Reduce funds from operations. State General Funds ($14,287) ($14,287) ($14,287) 171.100 -Equal Opportunity, Georgia Commission on Appropriation (HB 990) 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 $722,551 $719,125 $712,490 State General Funds $722,551 $719,125 $712,490 TOTAL FEDERAL FUNDS $775,423 $775,423 $775,423 Federal Funds Not Itemized $775,423 $775,423 $775,423 TOTAL PUBLIC FUNDS $1,497,974 $1,494,548 $1,487,913 Office of Homeland Security Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 172.1 Annualize the cost of the FY08 salary adjustment. $534,850 $534,850 $534,850 $534,850 $534,850 $534,850 $534,850 $534,850 $534,850 FRIDAY, MARCH 28, 2008 2673 State General Funds $5,000 $5,000 $5,000 172.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,243 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $4,970 $6,213 $6,213 172.3 Increase funds for performance based salary adjustments. State General Funds $2,485 $0 $0 172.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $4,806 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,434) 172.5 Reduce funds from operations. State General Funds ($15,697) ($15,697) ($15,697) 172.100 -Office of Homeland Security Appropriation (HB 990) 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 $531,608 $530,366 $527,932 State General Funds $531,608 $530,366 $527,932 TOTAL PUBLIC FUNDS $531,608 $530,366 $527,932 Office of the State Inspector General Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 173.1 Annualize the cost of the FY08 salary adjustment. $833,534 $833,534 $833,534 $833,534 $833,534 $833,534 $833,534 $833,534 $833,534 State General Funds $7,719 $7,719 $7,719 173.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,478 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,913 $7,391 $7,391 173.3 Increase funds for performance based salary adjustments. 2674 JOURNAL OF THE SENATE State General Funds $2,957 $0 $0 173.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $5,717 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,895) 173.5 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $2,035 $1,342 $0 173.6 Reduce funds from operations. State General Funds ($16,670) ($16,670) ($16,670) 173.100 -Office of the State Inspector General Appropriation (HB 990) 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 $835,488 $833,316 $829,079 State General Funds $835,488 $833,316 $829,079 TOTAL PUBLIC FUNDS $835,488 $833,316 $829,079 Professional Standards Commission, Georgia Continuation Budget The purpose of this appropriation is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 174.1 Annualize the cost of the FY08 salary adjustment. $7,142,891 $7,142,891 $411,930 $411,930 $500 $500 $500 $7,555,321 $7,142,891 $7,142,891 $411,930 $411,930 $500 $500 $500 $7,555,321 $7,142,891 $7,142,891 $411,930 $411,930 $500 $500 $500 $7,555,321 State General Funds $83,855 $83,855 $83,855 FRIDAY, MARCH 28, 2008 2675 174.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $13,013 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $52,052 $65,065 $65,065 174.3 Increase funds for performance based salary adjustments. State General Funds $26,026 $0 $0 174.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $49,791 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($25,212) 174.5 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $21,852 $14,412 $0 174.6 Reduce funds from operations. State General Funds ($142,858) ($142,858) 174.100 -Professional Standards Commission, Georgia Appropriation (HB 990) The purpose of this appropriation is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia. TOTAL STATE FUNDS $7,326,676 $7,163,365 $7,123,741 State General Funds $7,326,676 $7,163,365 $7,123,741 TOTAL FEDERAL FUNDS $411,930 $411,930 $411,930 Federal Funds Not Itemized $411,930 $411,930 $411,930 TOTAL AGENCY FUNDS $500 $500 $500 Sales and Services $500 $500 $500 Sales and Services Not Itemized $500 $500 $500 TOTAL PUBLIC FUNDS $7,739,106 $7,575,795 $7,536,171 Student Achievement, Office of Continuation Budget The purpose of this appropriation is to improve student achievement and school completion in Georgia. TOTAL STATE FUNDS State General Funds $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 2676 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS 175.1 Annualize the cost of the FY08 salary adjustment. $1,274,188 $1,274,188 $1,274,188 State General Funds $18,828 $18,828 $18,828 175.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,276 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $9,105 $11,381 $11,381 175.3 Increase funds for performance based salary adjustments. State General Funds $4,553 $0 $0 175.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $8,803 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($4,457) 175.5 Add funds to develop an auditing function for education funding formulas. State General Funds $500,000 $0 $0 175.6 Reduce funds for computer charges. State General Funds ($25,484) ($25,484) 175.100 -Student Achievement, Office of Appropriation (HB 990) The purpose of this appropriation is to improve student achievement and school completion in Georgia. TOTAL STATE FUNDS $1,806,674 $1,278,913 $1,274,456 State General Funds $1,806,674 $1,278,913 $1,274,456 TOTAL PUBLIC FUNDS $1,806,674 $1,278,913 $1,274,456 Planning and Budget, Governor's Office of Continuation Budget The purpose of this appropriation is to supply budgeting and policy management assistance to the Governor in determining strategic and tactical plans for state agencies. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements $9,474,735 $9,474,735 $2,000 $2,000 $100,677 $100,677 $9,474,735 $9,474,735 $2,000 $2,000 $100,677 $100,677 $9,474,735 $9,474,735 $2,000 $2,000 $100,677 $100,677 FRIDAY, MARCH 28, 2008 2677 Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS 176.1 Annualize the cost of the FY08 salary adjustment. $100,677 $9,577,412 $100,677 $9,577,412 $100,677 $9,577,412 State General Funds $89,482 $89,482 $89,482 176.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $16,245 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $64,979 $81,224 $81,224 176.3 Increase funds for performance based salary adjustments. State General Funds $32,490 $0 $0 176.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $61,501 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($31,141) 176.5 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $32,550 $21,467 $0 176.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($83,520) ($83,520) ($83,520) 176.7 Transfer funds and one position for administrative support from the Children and Youth Coordinating Council to support grant administration for the new Office of Children and Families. State General Funds $53,454 $53,454 $53,454 176.99 SAC: The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and implementation of budgets, plans, programs, and policies. House: The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and implementation of budgets, plans, programs, and policies. Gov Rev: The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and implementation of budgets, plans, programs, and policies. State General Funds $0 $0 $0 2678 JOURNAL OF THE SENATE 176.100 -Planning and Budget, Governor's Office of Appropriation (HB 990) The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and implementation of budgets, plans, programs, and policies. TOTAL STATE FUNDS $9,664,170 $9,636,842 $9,584,234 State General Funds $9,664,170 $9,636,842 $9,584,234 TOTAL FEDERAL FUNDS $2,000 $2,000 $2,000 Federal Funds Not Itemized $2,000 $2,000 $2,000 TOTAL AGENCY FUNDS $100,677 $100,677 $100,677 Rebates, Refunds, and Reimbursements $100,677 $100,677 $100,677 Rebates, Refunds, and Reimbursements Not Itemized $100,677 $100,677 $100,677 TOTAL PUBLIC FUNDS $9,766,847 $9,739,519 $9,686,911 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. Section 26: Human Resources, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain and Spinal Injury Trust Fund TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 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 Section Total - Continuation $1,563,191,298 $1,533,218,551 $26,909,553 $3,063,194 $1,646,607,395 $92,815,579 $54,927,918 $13,191,463 $17,193,252 $657,542,470 $52,573,085 $24,627,737 $20,172,177 $1,563,191,298 $1,533,218,551 $26,909,553 $3,063,194 $1,646,607,395 $92,815,579 $54,927,918 $13,191,463 $17,193,252 $657,542,470 $52,573,085 $24,627,737 $20,172,177 $1,563,191,298 $1,533,218,551 $26,909,553 $3,063,194 $1,646,607,395 $92,815,579 $54,927,918 $13,191,463 $17,193,252 $657,542,470 $52,573,085 $24,627,737 $20,172,177 FRIDAY, MARCH 28, 2008 2679 Medical Assistance Program CFDA93.778 $123,413,291 $123,413,291 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $60,510,483 $60,510,483 Preventive Health & Health Services Block Grant CFDA93.991 $6,289,202 $6,289,202 Social Services Block Grant CFDA93.667 $55,015,615 $55,015,615 Temporary Assistance for Needy Families $395,046,969 $395,046,969 TANF Unobligated Balance per 42 USC 604 $73,288,154 $73,288,154 TOTAL AGENCY FUNDS $272,626,573 $272,626,573 Contributions, Donations, and Forfeitures $48,061,898 $48,061,898 Reserved Fund Balances $11,310,478 $11,310,478 Intergovernmental Transfers $8,256,947 $8,256,947 Rebates, Refunds, and Reimbursements $221,036 $221,036 Royalties and Rents $2,240,293 $2,240,293 Sales and Services $202,535,921 $202,535,921 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $6,048,914 $6,048,914 State Funds Transfers $5,290,361 $5,290,361 Federal Funds Transfers $758,553 $758,553 TOTAL PUBLIC FUNDS $3,488,474,180 $3,488,474,180 Section Total - Final TOTAL STATE FUNDS $1,663,064,265 $1,663,714,697 State General Funds $1,632,710,719 $1,633,361,151 Tobacco Settlement Funds $28,384,553 $28,384,553 Brain and Spinal Injury Trust Fund $1,968,993 $1,968,993 TOTAL FEDERAL FUNDS $1,637,394,662 $1,636,553,406 CCDF Mandatory & Matching Funds CFDA93.596 $92,815,579 $92,815,579 Child Care & Development Block Grant CFDA93.575 $54,927,918 $54,927,918 Community Mental Health Services Block Grant CFDA93.958 $13,191,463 $13,191,463 Community Services Block Grant CFDA93.569 $17,193,252 $17,193,252 Federal Funds Not Itemized $658,779,304 $657,938,048 Foster Care Title IV-E CFDA93.658 $87,240,470 $87,240,470 Low-Income Home Energy Assistance CFDA93.568 $24,627,737 $24,627,737 Maternal & Child Health Services Block Grant CFDA93.994 $20,172,177 $20,172,177 Medical Assistance Program CFDA93.778 $119,996,339 $119,996,339 Prevention & Treatment of Substance Abuse Grant CFDA93.959$60,510,483 $60,510,483 $123,413,291 $60,510,483 $6,289,202 $55,015,615 $395,046,969 $73,288,154 $272,626,573 $48,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,488,474,180 $1,668,049,596 $1,637,696,050 $28,384,553 $1,968,993 $1,647,922,975 $94,348,556 $56,357,627 $13,117,105 $17,409,184 $755,197,172 $87,240,470 $24,912,301 $20,986,057 $63,290,669 2680 JOURNAL OF THE SENATE Preventive Health & Health Services Block Grant CFDA93.991 $6,289,202 Social Services Block Grant CFDA93.667 $55,015,615 Temporary Assistance for Needy Families $392,371,262 TANF Unobligated Balance per 42 USC 604 $34,263,861 TOTAL AGENCY FUNDS $224,983,472 Contributions, Donations, and Forfeitures $4,191,222 Reserved Fund Balances $11,310,478 Intergovernmental Transfers $8,256,947 Rebates, Refunds, and Reimbursements $221,036 Royalties and Rents $2,240,293 Sales and Services $198,763,496 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $6,048,914 State Funds Transfers $5,290,361 Federal Funds Transfers $758,553 TOTAL PUBLIC FUNDS $3,531,491,313 $6,289,202 $55,015,615 $392,371,262 $34,263,861 $234,356,159 $5,784,579 $11,310,478 $8,256,947 $221,036 $2,240,293 $206,542,826 $6,048,914 $5,290,361 $758,553 $3,540,673,176 $4,404,431 $55,015,615 $368,024,967 $87,618,821 $357,213,559 $34,361,410 $12,918,884 $8,256,945 $221,036 $2,240,293 $299,214,991 $143,122,653 $6,279,274 $136,843,379 $3,816,308,783 Adolescent and Adult Health Promotion Continuation Budget 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. TOTAL STATE FUNDS 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 CFDA93.991 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $20,734,163 $15,859,175 $4,874,988 $36,967,763 $15,008,940 $1,230,972 $1,589,260 $41,694 $19,096,897 $19,096,897 $207,783 $207,783 $207,783 $57,909,709 $20,734,163 $15,859,175 $4,874,988 $36,967,763 $15,008,940 $1,230,972 $1,589,260 $41,694 $19,096,897 $19,096,897 $207,783 $207,783 $207,783 $57,909,709 $20,734,163 $15,859,175 $4,874,988 $36,967,763 $15,008,940 $1,230,972 $1,589,260 $41,694 $19,096,897 $19,096,897 $207,783 $207,783 $207,783 $57,909,709 FRIDAY, MARCH 28, 2008 2681 177.1 Annualize the cost of the FY08 salary adjustment. State General Funds $599,107 $599,107 $599,107 177.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $67,455 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $269,820 $337,275 $337,275 177.3 Increase funds for performance based salary adjustments. State General Funds $134,910 $0 $0 177.4 Increase funds to make structure adjustments in the statewide salary plan. State General Funds $51,963 $51,963 $51,963 177.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $264,070 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($133,712) 177.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($9,641) ($9,641) ($9,641) 177.7 Transfer funds from Departmental Administration Office of Information Technology. State General Funds Tobacco Settlement Funds Federal Funds Not Itemized Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $72,365 $190,189 $5,074 $8,320 $275,948 $72,365 $190,189 $5,074 $8,320 $275,948 $72,365 $190,189 $5,074 $8,320 $275,948 177.8 Increase funds for grant-in-aid funding to be distributed based on population, poverty, and uninsured rate to stabilize existing public health infrastructure. (G, H, and S:Reduce by $1,151,266 due to revenue estimate change) State General Funds $0 $0 $0 177.9 Transfer funds from the Infant and Child Health program to accurately reflect salary and health benefit increase for FY08. State General Funds $165,188 $165,188 $165,188 177.10 Transfer local grant-in-aid funds to Inspections and Environmental Hazard Control program to reflect expenses. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) 177.11 Reduce funds for improved contract management. 2682 JOURNAL OF THE SENATE State General Funds ($75,000) ($400,000) ($75,000) 177.12 Transfer funds to the Infectious Disease Control program to align the budget with the program where laboratory activities occur. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($523,126) ($145,397) ($668,523) ($523,126) ($145,397) ($668,523) ($523,126) ($145,397) ($668,523) 177.13 Utilize funds to promote tobacco prevention and other healthy lifestyle choices at middle school and high school campuses during extra-curricular activities through the Live Healthy Georgia Program. (H:YES)(S:YES) State General Funds $0 $0 177.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized $0 Medical Assistance Program CFDA93.778 ($1,443,863) Temporary Assistance for Needy Families Grant CFDA93.558 $4,094,783 Contributions, Donations, and Forfeitures Not Itemized $62,217 FF Medical Assistance Program CFDA93.778 $1,443,863 TOTAL PUBLIC FUNDS $4,157,000 177.100 -Adolescent and Adult Health Promotion Appropriation (HB 990) 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. TOTAL STATE FUNDS $20,609,938 $20,217,483 $20,408,771 State General Funds $15,544,761 $15,152,306 $15,343,594 Tobacco Settlement Funds $5,065,177 $5,065,177 $5,065,177 TOTAL FEDERAL FUNDS $36,835,760 $36,835,760 $39,486,680 Federal Funds Not Itemized $15,014,014 $15,014,014 $15,014,014 Maternal & Child Health Services Block Grant CFDA93.994 $1,230,972 $1,230,972 $1,230,972 Medical Assistance Program CFDA93.778 $1,443,863 $1,443,863 Preventive Health & Health Services Block Grant CFDA93.991 $41,694 $41,694 $41,694 Temporary Assistance for Needy Families $19,105,217 $19,105,217 $23,200,000 Temporary Assistance for Needy Families Grant CFDA93.558 $19,105,217 $19,105,217 $23,200,000 TOTAL AGENCY FUNDS $207,783 $207,783 $270,000 Contributions, Donations, and Forfeitures $207,783 $207,783 $270,000 Contributions, Donations, and Forfeitures Not Itemized $207,783 $207,783 $270,000 FRIDAY, MARCH 28, 2008 2683 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $57,653,481 $57,261,026 $1,443,863 $1,443,863 $1,443,863 $61,609,314 Adoption Services Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS 178.1 Annualize the cost of the FY08 salary adjustment. $33,139,326 $33,139,326 $47,932,276 $35,932,276 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $81,116,602 $33,139,326 $33,139,326 $47,932,276 $35,932,276 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $81,116,602 $33,139,326 $33,139,326 $47,932,276 $35,932,276 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $81,116,602 State General Funds $41,444 $41,444 $41,444 178.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $4,666 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $18,666 $23,332 $23,332 178.3 Increase funds for performance based salary adjustments. State General Funds $9,333 $0 $0 178.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $18,268 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($9,250) 178.5 Increase funds for the adoption assistance caseload increase and provide a one-time post-adoption payment to children who have been adopted but who do not receive on-going adoption assistance. 2684 JOURNAL OF THE SENATE State General Funds 178.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized $3,123,790 $1,623,790 $3,123,790 $1,889,443 178.100 -Adoption Services Appropriation (HB 990) 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. TOTAL STATE FUNDS $36,332,559 $34,827,892 $36,318,642 State General Funds $36,332,559 $34,827,892 $36,318,642 TOTAL FEDERAL FUNDS $47,932,276 $47,932,276 $49,821,719 Federal Funds Not Itemized $35,932,276 $35,932,276 $37,821,719 Temporary Assistance for Needy Families $12,000,000 $12,000,000 $12,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $12,000,000 $12,000,000 $12,000,000 TOTAL AGENCY FUNDS $45,000 $45,000 $45,000 Contributions, Donations, and Forfeitures $45,000 $45,000 $45,000 Contributions, Donations, and Forfeitures Not Itemized $45,000 $45,000 $45,000 TOTAL PUBLIC FUNDS $84,309,835 $82,805,168 $86,185,361 Adult Addictive Diseases Services Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Prevention & Treatment of Substance Abuse Grant CFDA93.959 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized $48,231,627 $48,231,627 $46,517,224 $1 $26,100,797 $20,416,426 $20,416,426 $824,903 $490,000 $490,000 $218,121 $218,121 $48,231,627 $48,231,627 $46,517,224 $1 $26,100,797 $20,416,426 $20,416,426 $824,903 $490,000 $490,000 $218,121 $218,121 $48,231,627 $48,231,627 $46,517,224 $1 $26,100,797 $20,416,426 $20,416,426 $824,903 $490,000 $490,000 $218,121 $218,121 FRIDAY, MARCH 28, 2008 2685 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 179.1 Annualize the cost of the FY08 salary adjustment. $116,782 $116,782 $95,573,754 $116,782 $116,782 $95,573,754 $116,782 $116,782 $95,573,754 State General Funds $933,643 $933,643 $933,643 179.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $105,121 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $420,486 $525,607 $525,607 179.3 Increase funds for performance based salary adjustments. State General Funds $210,243 $0 $0 179.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $411,525 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($208,376) 179.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $181,662 $181,662 $181,662 179.6 Transfer funds to the Departmental Administration program to align the budget with expenditures. State General Funds ($1,938,303) ($1,938,303) ($1,938,303) 179.7 Transfer funds to the Direct Care Support Services program to align the budget with expenditures. State General Funds ($146,613) ($146,613) ($146,613) 179.8 Reduce funds for statewide core community services for providers who do not provide pharmacy and laboratory services. State General Funds ($261,838) $0 179.9 Increase funds for Bridges of Hope. [One-Time Change] State General Funds $12,000 179.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized Prevention & Treatment of Substance Abuse Grant CFDA93.959 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($1) $6,825,357 $1,457,257 $8,282,613 2686 JOURNAL OF THE SENATE 179.100 -Adult Addictive Diseases Services Appropriation (HB 990) 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. TOTAL STATE FUNDS $47,892,745 $47,525,785 $47,591,247 State General Funds $47,892,745 $47,525,785 $47,591,247 TOTAL FEDERAL FUNDS $46,517,224 $46,517,224 $54,799,837 Federal Funds Not Itemized $1 $1 Prevention & Treatment of Substance Abuse Grant CFDA93.959$26,100,797 $26,100,797 $32,926,154 Temporary Assistance for Needy Families $20,416,426 $20,416,426 $21,873,683 Temporary Assistance for Needy Families Grant CFDA93.558 $20,416,426 $20,416,426 $21,873,683 TOTAL AGENCY FUNDS $824,903 $824,903 $824,903 Intergovernmental Transfers $490,000 $490,000 $490,000 Intergovernmental Transfers Not Itemized $490,000 $490,000 $490,000 Rebates, Refunds, and Reimbursements $218,121 $218,121 $218,121 Rebates, Refunds, and Reimbursements Not Itemized $218,121 $218,121 $218,121 Sales and Services $116,782 $116,782 $116,782 Sales and Services Not Itemized $116,782 $116,782 $116,782 TOTAL PUBLIC FUNDS $95,234,872 $94,867,912 $103,215,987 179.101 Special Project - Adult Addictive Diseases Services: Increase funds for the Hope House, Inc. ("The Highlands West" location) for the expansion of its substance abuse and outpatient behavioral health services for the community. State General Funds $350,000 $0 Adult Developmental Disabilities Services Continuation Budget The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for adults with developmental disabilities. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families $216,013,559 $205,758,421 $10,255,138 $67,376,249 $161,870 $13,561,524 $30,636,459 $23,016,394 $216,013,559 $205,758,421 $10,255,138 $67,376,249 $161,870 $13,561,524 $30,636,459 $23,016,394 $216,013,559 $205,758,421 $10,255,138 $67,376,249 $161,870 $13,561,524 $30,636,459 $23,016,394 FRIDAY, MARCH 28, 2008 2687 Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 180.1 Annualize the cost of the FY08 salary adjustment. $23,016,394 $2 $59,784,552 $59,784,552 $59,784,552 $343,174,360 $23,016,394 $2 $59,784,552 $59,784,552 $59,784,552 $343,174,360 $23,016,394 $2 $59,784,552 $59,784,552 $59,784,552 $343,174,360 State General Funds $2,677,909 $2,677,909 $2,677,909 180.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $301,513 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $1,206,050 $1,507,563 $1,507,563 180.3 Increase funds for performance based salary adjustments. State General Funds $603,025 $0 $0 180.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $1,180,349 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($597,671) 180.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($44,826) ($44,826) ($44,826) 180.6 Reduce funds to reflect Medicaid Federal Financial Participation (FFP) rate changes. State General Funds ($1,395,994) ($1,395,994) ($1,395,994) 180.7 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $224,981 $224,981 $224,981 180.8 Transfer funds to Adult Forensic Services program to align the budget with expenditures. State General Funds ($3,405,931) ($3,405,931) ($3,405,931) 180.9 Transfer funds to the Adult Mental Health Services program to align the budget with expenditures. State General Funds ($23,613,653) ($23,613,653) ($23,613,653) 180.10 Increase funds for 500 slots for consumers of the Mental Retardation Waiver Program waiting list. (G:Reduce by $5,186,220 due to revenue estimate change) 2688 JOURNAL OF THE SENATE State General Funds $0 $5,186,220 $5,186,220 180.11 Increase funds for 500 waiver slots for consumers on the Mental Retardation Waiver Program waiting list. (G:Reduce by $7,779,330 due to revenue estimate change) Sales and Services Not Itemized $0 $7,779,330 $7,779,330 180.12 Reduce one-time funds for Georgia Options, Inc added in HB95 (FY08). State General Funds ($75,000) ($75,000) ($75,000) 180.13 Increase funds to annualize the cost of 1,500 waiver slots on the Mental Retardation/ Developmental Disabilities Waiver Program waiting list. State General Funds $7,733,469 $7,733,469 $7,733,469 180.14 Increase funds for 1,500 waiver slots for consumers on the Mental Retardation/ Developmental Disabilities Waiver Program waiting list. Sales and Services Not Itemized $11,600,204 $11,600,204 $11,600,204 180.15 Increase funds for a 2.5% rate increase for Developmental Disabilities providers. (S:Increase funds for a 5% rate increase for Developmental Disabilities providers) State General Funds $597,410 $1,194,820 180.16 Increase funds to expand services for the Oral Health Resources for Special Needs Populations, Inc., to provide preventative oral healthcare for those with developmental disabilities. State General Funds $50,000 180.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized $260,138 Medical Assistance Program CFDA93.778 ($13,561,524) Temporary Assistance for Needy Families Grant CFDA93.558 ($22,605,160) TANF Unobligated Balance per 42 USC 604 ($2) Sales and Services Not Itemized $0 FF Medical Assistance Program CFDA93.778 $13,561,524 TOTAL PUBLIC FUNDS ($22,345,024) 180.100 -Adult Developmental Disabilities Services Appropriation (HB 990) The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for adults with developmental disabilities. TOTAL STATE FUNDS $199,923,589 $205,405,707 $205,455,446 FRIDAY, MARCH 28, 2008 2689 State General Funds $189,668,451 Tobacco Settlement Funds $10,255,138 TOTAL FEDERAL FUNDS $67,376,249 Federal Funds Not Itemized $161,870 Medical Assistance Program CFDA93.778 $13,561,524 Social Services Block Grant CFDA93.667 $30,636,459 Temporary Assistance for Needy Families $23,016,394 Temporary Assistance for Needy Families Grant CFDA93.558 $23,016,394 TANF Unobligated Balance per 42 USC 604 $2 TOTAL AGENCY FUNDS $71,384,756 Sales and Services $71,384,756 Sales and Services Not Itemized $71,384,756 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $338,684,594 $195,150,569 $10,255,138 $67,376,249 $161,870 $13,561,524 $30,636,459 $23,016,394 $23,016,394 $2 $79,164,086 $79,164,086 $79,164,086 $351,946,042 $195,200,308 $10,255,138 $31,469,701 $422,008 $30,636,459 $411,234 $411,234 $79,164,086 $79,164,086 $79,164,086 $13,561,524 $13,561,524 $13,561,524 $329,650,757 Adult Essential Health Treatment Services Continuation Budget 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. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 181.1 Annualize the cost of the FY08 salary adjustment. $10,709,061 $5,709,061 $5,000,000 $3,937,629 $2,651,413 $75,339 $1,210,877 $2,096,772 $2,096,772 $2,096,772 $16,743,462 $10,709,061 $5,709,061 $5,000,000 $3,937,629 $2,651,413 $75,339 $1,210,877 $2,096,772 $2,096,772 $2,096,772 $16,743,462 $10,709,061 $5,709,061 $5,000,000 $3,937,629 $2,651,413 $75,339 $1,210,877 $2,096,772 $2,096,772 $2,096,772 $16,743,462 State General Funds $68,342 $68,342 $68,342 2690 JOURNAL OF THE SENATE 181.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $7,695 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $30,779 $38,474 $38,474 181.3 Increase funds for performance based salary adjustments. State General Funds $15,390 $0 $0 181.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $30,124 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($15,253) 181.5 Increase funds for grant-in-aid funding to be distributed based on population, poverty, and uninsured rate to stabilize the existing public health infrastructure. (G, H, and S:Reduce by $303,171 due to revenue estimate change) State General Funds $0 $0 $0 181.6 Reduce funds for improved contract management. State General Funds ($115,000) ($115,000) ($115,000) 181.7 Increase funds for the Cancer State Aid program waiting list. Tobacco Settlement Funds $1,475,000 $1,475,000 $1,475,000 181.8 Increase funds for the start-up of the Georgia Commission to Save the Cure. State General Funds $350,000 181.98 Increase funds to reflect projected receipts. Medical Assistance Program CFDA93.778 ($75,339) Sales and Services Not Itemized ($2,096,772) FF Medical Assistance Program CFDA93.778 $75,339 TOTAL PUBLIC FUNDS ($2,096,772) 181.100 -Adult Essential Health Treatment Services Appropriation (HB 990) 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. TOTAL STATE FUNDS $12,183,572 $12,175,877 $12,510,624 State General Funds $5,708,572 $5,700,877 $6,035,624 Tobacco Settlement Funds $6,475,000 $6,475,000 $6,475,000 TOTAL FEDERAL FUNDS $3,937,629 $3,937,629 $3,862,290 FRIDAY, MARCH 28, 2008 2691 Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $2,651,413 $75,339 $1,210,877 $2,096,772 $2,096,772 $2,096,772 $18,217,973 $2,651,413 $75,339 $1,210,877 $2,096,772 $2,096,772 $2,096,772 $18,210,278 $2,651,413 $1,210,877 $75,339 $75,339 $75,339 $16,448,253 Adult Forensic Services Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 182.1 Annualize the cost of the FY08 salary adjustment. $38,421,374 $38,421,374 $1,115,408 $1,115,408 $4 $4 $4 $39,536,786 $38,421,374 $38,421,374 $1,115,408 $1,115,408 $4 $4 $4 $39,536,786 $38,421,374 $38,421,374 $1,115,408 $1,115,408 $4 $4 $4 $39,536,786 State General Funds $1,159,078 $1,159,078 $1,159,078 182.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $130,504 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $522,014 $652,518 $652,518 182.3 Increase funds for performance based salary adjustments. State General Funds $261,007 $0 $0 182.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $510,890 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) 2692 JOURNAL OF THE SENATE State General Funds $0 $0 ($258,690) 182.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $144,713 $144,713 $144,713 182.6 Transfer state funds from Adult Developmental Disabilities Services program to align the budget with expenditures. State General Funds $3,405,931 $3,405,931 $3,405,931 182.7 Increase funds for improving state hospital operations and quality of care. State General Funds $2,901,316 $2,500,000 $2,500,000 182.8 Increase funds for five Forensic Diversion Coordinators to assist in diverting non-violent mentally ill consumers from state hospital custody. State General Funds $450,000 $225,000 $225,000 182.98 Increase funds to reflect projected receipts. Sales and Services Not Itemized $275,081 TOTAL PUBLIC FUNDS $275,081 182.100 -Adult Forensic Services Appropriation (HB 990) 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 $47,265,433 $46,508,614 $46,249,924 State General Funds $47,265,433 $46,508,614 $46,249,924 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 AGENCY FUNDS $4 $4 $275,085 Sales and Services $4 $4 $275,085 Sales and Services Not Itemized $4 $4 $275,085 TOTAL PUBLIC FUNDS $48,380,845 $47,624,026 $47,640,417 Adult Mental Health Services Continuation Budget The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS $177,314,849 $177,314,849 $18,263,868 $177,314,849 $177,314,849 $18,263,868 $177,314,849 $177,314,849 $18,263,868 FRIDAY, MARCH 28, 2008 2693 Community Mental Health Services Block Grant CFDA93.958 Federal Funds Not Itemized Prevention & Treatment of Substance Abuse Grant CFDA93.959 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 183.1 Annualize the cost of the FY08 salary adjustment. $7,757,890 $6,575,206 $330,772 $3,600,000 $3,600,000 $4,102,757 $526,000 $526,000 $3,576,757 $3,576,757 $199,681,474 $7,757,890 $6,575,206 $330,772 $3,600,000 $3,600,000 $4,102,757 $526,000 $526,000 $3,576,757 $3,576,757 $199,681,474 $7,757,890 $6,575,206 $330,772 $3,600,000 $3,600,000 $4,102,757 $526,000 $526,000 $3,576,757 $3,576,757 $199,681,474 State General Funds $3,521,867 $3,521,867 $3,521,867 183.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $396,536 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $1,586,144 $1,982,680 $1,982,680 183.3 Increase funds for performance based salary adjustments. State General Funds $793,072 $0 $0 183.4 Increase funds to make structure adjustments in the statewide salary plan. State General Funds $107,233 $107,233 $107,233 183.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $1,552,343 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($786,030) 183.6 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $342,849 $342,849 $342,849 183.7 Transfer funds from the Adult Developmental Disabilities Services program to align the budget with expenditures. State General Funds $23,613,653 $23,613,653 $23,613,653 183.8 Transfer funds from the Child and Adolescent Mental Health program to align the budget with expenditures. State General Funds $12,130,955 $12,130,955 $12,130,955 2694 JOURNAL OF THE SENATE 183.9 Reduce funds for mental health training contracts. State General Funds ($337,835) ($337,835) ($337,835) 183.10 Increase funds for improving state hospital operation and quality of care. State General Funds $8,151,316 $8,151,316 $8,151,316 183.11 Increase funding for crisis services in the community for the mental health and addictive disease consumers by adding Mobile Crisis services. State General Funds $2,800,000 $2,600,000 $2,800,000 183.12 Increase funding for crisis services in the community for the mental health and addictive disease consumers by adding three Assertive Community Treatment Teams. State General Funds $2,600,000 $2,400,000 $2,600,000 183.13 Increase funding for crisis services in the community for the mental health and addictive disease consumers by adding three Crisis Stabilization programs. State General Funds $5,700,000 $5,500,000 $5,700,000 183.14 Reduce funds for statewide core community services for providers who do not provide pharmacy and laboratory services. State General Funds ($3,040,052) $0 183.98 Increase funds to reflect projected receipts. Community Mental Health Services Block Grant CFDA93.958 ($1,142,180) Federal Funds Not Itemized $4,709,332 Temporary Assistance for Needy Families Grant CFDA93.558 ($2,380,535) Sales and Services Not Itemized $1,806,500 FF Medical Assistance Program CFDA93.778 $93,025 TOTAL PUBLIC FUNDS $3,086,142 183.100 -Adult Mental Health Services Appropriation (HB 990) The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness. TOTAL STATE FUNDS $238,324,103 $234,287,515 $237,141,537 State General Funds $238,324,103 $234,287,515 $237,141,537 TOTAL FEDERAL FUNDS $18,263,868 $18,263,868 $19,450,485 Community Mental Health Services Block Grant CFDA93.958 $7,757,890 $7,757,890 $6,615,710 Federal Funds Not Itemized $6,575,206 $6,575,206 $11,284,538 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $330,772 $330,772 $330,772 FRIDAY, MARCH 28, 2008 2695 Temporary Assistance for Needy Families $3,600,000 Temporary Assistance for Needy Families Grant CFDA93.558 $3,600,000 TOTAL AGENCY FUNDS $4,102,757 Contributions, Donations, and Forfeitures $526,000 Contributions, Donations, and Forfeitures Not Itemized $526,000 Sales and Services $3,576,757 Sales and Services Not Itemized $3,576,757 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $260,690,728 $3,600,000 $3,600,000 $4,102,757 $526,000 $526,000 $3,576,757 $3,576,757 $256,654,140 $1,219,465 $1,219,465 $5,909,257 $526,000 $526,000 $5,383,257 $5,383,257 $93,025 $93,025 $93,025 $262,594,304 Adult Nursing Home Services Continuation Budget The purpose of this appropriation is to provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 184.98 Increase funds to reflect projected receipts. $2,383,183 $2,383,183 $1,547,242 $1,547,242 $1,547,242 $3,930,425 $2,383,183 $2,383,183 $1,547,242 $1,547,242 $1,547,242 $3,930,425 $2,383,183 $2,383,183 $1,547,242 $1,547,242 $1,547,242 $3,930,425 Sales and Services Not Itemized $7,465,530 TOTAL PUBLIC FUNDS $7,465,530 184.100 -Adult Nursing Home Services Appropriation (HB 990) The purpose of this appropriation is to provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities. TOTAL STATE FUNDS $2,383,183 $2,383,183 $2,383,183 State General Funds $2,383,183 $2,383,183 $2,383,183 TOTAL AGENCY FUNDS $1,547,242 $1,547,242 $9,012,772 Sales and Services $1,547,242 $1,547,242 $9,012,772 Sales and Services Not Itemized $1,547,242 $1,547,242 $9,012,772 TOTAL PUBLIC FUNDS $3,930,425 $3,930,425 $11,395,955 2696 JOURNAL OF THE SENATE After School Care Continuation Budget The purpose of this appropriation is to expand the provision of after school care services and earn a 1:2 matching rate for contributed Maintenance of Effort (MOE) funds. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL FEDERAL FUNDS $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $14,000,000 $14,000,000 $14,000,000 TOTAL AGENCY FUNDS $28,000,000 $28,000,000 $28,000,000 Contributions, Donations, and Forfeitures $28,000,000 $28,000,000 $28,000,000 TANF Maintenance-of-Effort from External Sources $28,000,000 $28,000,000 $28,000,000 TOTAL PUBLIC FUNDS $42,000,000 $42,000,000 $42,000,000 185.1 Reduce funds from Maintenance-of-Effort (MOE) calculations to reflect cash flow to operate the program. TANF Maintenance-of-Effort from External Sources ($28,000,000) ($28,000,000) $0 185.99 SAC: The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. House: The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. Gov Rev: 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 $0 185.100 -After School Care Appropriation (HB 990) The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. TOTAL FEDERAL FUNDS $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $14,000,000 $14,000,000 $14,000,000 TOTAL AGENCY FUNDS $28,000,000 Contributions, Donations, and Forfeitures $28,000,000 TANF Maintenance-of-Effort from External Sources $28,000,000 TOTAL PUBLIC FUNDS $14,000,000 $14,000,000 $42,000,000 FRIDAY, MARCH 28, 2008 2697 Child and Adolescent Addictive Diseases Services Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS 186.1 Annualize the cost of the FY08 salary adjustment. $10,864,229 $10,864,229 $17,217,170 $3,116,697 $14,100,473 $28,081,399 $10,864,229 $10,864,229 $17,217,170 $3,116,697 $14,100,473 $28,081,399 $10,864,229 $10,864,229 $17,217,170 $3,116,697 $14,100,473 $28,081,399 State General Funds $286,534 $286,534 $286,534 186.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $32,262 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $129,046 $161,308 $161,308 186.3 Increase funds for performance based salary adjustments. State General Funds $64,524 $0 $0 186.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $126,297 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($63,951) 186.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $40,920 $40,920 $40,920 186.6 Transfer funds to the Direct Care Support Services program to align the budget with expenditures. State General Funds ($1,868,277) ($1,868,277) ($1,868,277) 186.7 Reduce funds for community-based pharmacy and laboratory services. State General Funds ($318,944) $0 186.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS $316,051 ($4,045,171) ($3,729,120) 2698 JOURNAL OF THE SENATE 186.100 -Child and Adolescent Addictive Diseases Services Appropriation (HB 990) 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. TOTAL STATE FUNDS $9,516,976 $9,165,770 $9,420,763 State General Funds $9,516,976 $9,165,770 $9,420,763 TOTAL FEDERAL FUNDS $17,217,170 $17,217,170 $13,488,050 Federal Funds Not Itemized $3,116,697 $3,116,697 $3,432,748 Prevention & Treatment of Substance Abuse Grant CFDA93.959$14,100,473 $14,100,473 $10,055,302 TOTAL PUBLIC FUNDS $26,734,146 $26,382,940 $22,908,813 Child and Adolescent Developmental Disabilities Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS 187.1 Annualize the cost of the FY08 salary adjustment. $17,589,662 $17,589,662 $6,331,470 $5,843,482 $487,988 $487,988 $23,921,132 $17,589,662 $17,589,662 $6,331,470 $5,843,482 $487,988 $487,988 $23,921,132 $17,589,662 $17,589,662 $6,331,470 $5,843,482 $487,988 $487,988 $23,921,132 State General Funds $247,565 $247,565 $247,565 187.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $27,874 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $111,496 $139,370 $139,370 187.3 Increase funds for performance based salary adjustments. State General Funds $55,748 $0 $0 187.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $109,120 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($55,253) FRIDAY, MARCH 28, 2008 2699 187.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($11,206) ($11,206) ($11,206) 187.6 Reduce funds to reflect Medicaid Federal Financial Participation (FFP) rate changes. State General Funds ($285,925) ($285,925) ($285,925) 187.7 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $66,251 $66,251 $66,251 187.8 Increase funds for 500 waiver slots for consumers on the Mental Retardation Waiver Program waiting list. (G:Reduce by $1,419,549 due to revenue estimate change) State General Funds $0 $1,062,238 $1,062,238 187.9 Increase funds for 500 waiver slots for consumers on the Mental Retardation Waiver Program waiting list. (G:Reduce by $1,593,357 due to revenue estimate change) Contributions, Donations, and Forfeitures Not Itemized $0 $1,593,357 $1,593,357 187.10 Reduce one-time funds for the Matthew Reardon Center added in HB95 (FY08). State General Funds ($200,000) ($200,000) ($200,000) 187.11 Increase funds for the annualization of 1,500 waiver slots on the Mental Retardation/ Developmental Disabilities Waiver Program waiting list. State General Funds $1,419,549 $1,419,549 $1,419,549 187.12 Increase funds for 1,500 waiver slots for consumers on the Mental Retardation Waiver/ Developmental Disabilities Waiver Program waiting list. Contributions, Donations, and Forfeitures Not Itemized $2,129,324 $2,129,324 $2,129,324 187.13 Increase funds for a 2.5% rate increase for Developmental Disabilities providers. (S:Increase funds for a 5% rate increase for Developmental Disabilities providers) State General Funds $122,360 $244,720 187.14 Increase funds for the Marcus Institute. State General Funds $500,000 $0 187.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 $157,113 ($5,843,482) ($487,988) 2700 JOURNAL OF THE SENATE FF Medical Assistance Program CFDA93.778 $5,843,482 TOTAL PUBLIC FUNDS ($330,875) 187.100 -Child and Adolescent Developmental Disabilities Appropriation (HB 990) 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 $18,993,140 $20,649,864 $20,216,971 State General Funds $18,993,140 $20,649,864 $20,216,971 TOTAL FEDERAL FUNDS $6,331,470 $6,331,470 $157,113 Federal Funds Not Itemized $157,113 Medical Assistance Program CFDA93.778 $5,843,482 $5,843,482 Temporary Assistance for Needy Families $487,988 $487,988 Temporary Assistance for Needy Families Grant CFDA93.558 $487,988 $487,988 TOTAL AGENCY FUNDS $2,129,324 $3,722,681 $3,722,681 Contributions, Donations, and Forfeitures $2,129,324 $3,722,681 $3,722,681 Contributions, Donations, and Forfeitures Not Itemized $2,129,324 $3,722,681 $3,722,681 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,843,482 Federal Funds Transfers $5,843,482 FF Medical Assistance Program CFDA93.778 $5,843,482 TOTAL PUBLIC FUNDS $27,453,934 $30,704,015 $29,940,247 187.101 Special Project - Child and Adolescent Developmental Disabilities: Increase funds for the Matthew Reardon Center for growth of the program. State General Funds $100,000 $200,000 Child and Adolescent Forensic Services Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 188.1 Annualize the cost of the FY08 salary adjustment. $3,038,424 $3,038,424 $3,038,424 $3,038,424 $3,038,424 $3,038,424 $3,038,424 $3,038,424 $3,038,424 State General Funds $40,298 $40,298 $40,298 188.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $4,537 for a 2% cost of living adjustment due to revenue estimate change) FRIDAY, MARCH 28, 2008 2701 State General Funds $18,150 $22,687 $22,687 188.3 Increase funds for performance based salary adjustments. State General Funds $9,075 $0 $0 188.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $17,763 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($8,994) 188.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $11,444 $11,444 $11,444 188.100 -Child and Adolescent Forensic Services Appropriation (HB 990) 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 $3,117,391 $3,112,853 $3,103,859 State General Funds $3,117,391 $3,112,853 $3,103,859 TOTAL PUBLIC FUNDS $3,117,391 $3,112,853 $3,103,859 Child and Adolescent Mental Health Services Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Community Mental Health Services Block Grant CFDA93.958 Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $105,062,036 $105,062,036 $5,446,690 $5,433,573 $10,000 $3,117 $51,093,764 $51,093,764 $51,093,764 $82,003 $82,003 $82,003 $161,684,493 $105,062,036 $105,062,036 $5,446,690 $5,433,573 $10,000 $3,117 $51,093,764 $51,093,764 $51,093,764 $82,003 $82,003 $82,003 $161,684,493 $105,062,036 $105,062,036 $5,446,690 $5,433,573 $10,000 $3,117 $51,093,764 $51,093,764 $51,093,764 $82,003 $82,003 $82,003 $161,684,493 2702 JOURNAL OF THE SENATE 189.1 Annualize the cost of the FY08 salary adjustment. State General Funds $805,761 $805,761 $805,761 189.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $90,723 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $362,891 $453,614 $453,614 189.3 Increase funds for performance based salary adjustments. State General Funds $181,446 $0 $0 189.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $355,158 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($179,835) 189.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $300,712 $300,712 $300,712 189.6 Reduce funds to reflect Medicaid Federal Financial Participation (FFP) rate changes. State General Funds ($344,275) ($344,275) ($344,275) 189.7 Transfer funds to the Adult Mental Health Services program to align the budget with expenditures. State General Funds ($12,130,955) ($12,130,955) ($12,130,955) 189.8 Transfer funds to the Direct Care Support Services program to align the budget with expenditures. State General Funds ($766,723) ($766,723) ($766,723) 189.9 Reduce funds for projected decrease in service utilization. [One-Time Change] State General Funds ($3,000,000) ($3,000,000) ($3,000,000) 189.10 Transfer funds from the Departmental Administration program related to the unbundling of Level of Care. State General Funds $109,145 $109,145 $109,145 189.11 Transfer funds from the Child Welfare Services program related to the unbundling of Level of Care. State General Funds $412,329 $412,329 $412,329 189.12 Reduce funds for statewide core community services for providers who do not provide pharmacy and laboratory services. State General Funds ($1,179,167) $0 189.98 Increase funds to reflect projected receipts. FRIDAY, MARCH 28, 2008 2703 Community Mental Health Services Block Grant CFDA93.958 $1,067,822 Federal Funds Not Itemized $152,485 Medical Assistance Program CFDA93.778 ($3,117) Sales and Services Not Itemized $102,554 FF Grant to Local Educational Agencies CFDA84.010 $110,351 FF Medical Assistance Program CFDA93.778 $2,005,035 TOTAL PUBLIC FUNDS $3,435,130 189.100 -Child and Adolescent Mental Health Services Appropriation (HB 990) 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 $90,992,367 $89,722,477 $90,721,809 State General Funds $90,992,367 $89,722,477 $90,721,809 TOTAL FEDERAL FUNDS $5,446,690 $5,446,690 $6,663,880 Community Mental Health Services Block Grant CFDA93.958 $5,433,573 $5,433,573 $6,501,395 Federal Funds Not Itemized $10,000 $10,000 $162,485 Medical Assistance Program CFDA93.778 $3,117 $3,117 TOTAL AGENCY FUNDS $51,093,764 $51,093,764 $51,196,318 Sales and Services $51,093,764 $51,093,764 $51,196,318 Sales and Services Not Itemized $51,093,764 $51,093,764 $51,196,318 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $82,003 $82,003 $2,197,389 State Funds Transfers $82,003 $82,003 $82,003 Agency to Agency Contracts $82,003 $82,003 $82,003 Federal Funds Transfers $2,115,386 FF Grant to Local Educational Agencies CFDA84.010 $110,351 FF Medical Assistance Program CFDA93.778 $2,005,035 TOTAL PUBLIC FUNDS $147,614,824 $146,344,934 $150,779,396 Child Care Services Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS $58,398,695 $58,398,695 $175,018,410 $58,398,695 $58,398,695 $175,018,410 $58,398,695 $58,398,695 $175,018,410 2704 JOURNAL OF THE SENATE CCDF Mandatory & Matching Funds CFDA93.596 $90,698,416 Child Care & Development Block Grant CFDA93.575 $54,619,903 Social Services Block Grant CFDA93.667 $90 Temporary Assistance for Needy Families $29,700,001 Temporary Assistance for Needy Families Grant CFDA93.558 $1 TANF Transfers to Child Care Development Fund per 42 USC 604 $29,700,000 TOTAL AGENCY FUNDS $2,500,000 Sales and Services $2,500,000 Sales and Services Not Itemized $2,500,000 TOTAL PUBLIC FUNDS $235,917,105 190.1 Annualize the cost of the FY08 salary adjustment. $90,698,416 $54,619,903 $90 $29,700,001 $1 $29,700,000 $2,500,000 $2,500,000 $2,500,000 $235,917,105 $90,698,416 $54,619,903 $90 $29,700,001 $1 $29,700,000 $2,500,000 $2,500,000 $2,500,000 $235,917,105 State General Funds $133,802 $133,802 $133,802 190.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $15,065 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $60,260 $75,325 $75,325 190.3 Increase funds for performance based salary adjustments. State General Funds $30,130 $0 $0 190.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $58,976 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($29,863) 190.5 Reduce funds for the Temporary Aid for Needy Families Block Grant in HB95 (FY08). TANF Transfers to Child Care Development Fund per 42 USC 604 ($29,700,000) ($29,700,000) ($29,700,000) 190.6 Increase funds for childcare slots. TANF Transfers to Child Care Development Fund per 42 USC 604 $17,222,143 190.98 Increase funds to reflect projected receipts. Temporary Assistance for Needy Families Grant CFDA93.558 ($1) 190.100 -Child Care Services Appropriation (HB 990) 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. TOTAL STATE FUNDS $58,622,887 $58,607,822 $58,577,959 FRIDAY, MARCH 28, 2008 2705 State General Funds $58,622,887 TOTAL FEDERAL FUNDS $145,318,410 CCDF Mandatory & Matching Funds CFDA93.596 $90,698,416 Child Care & Development Block Grant CFDA93.575 $54,619,903 Social Services Block Grant CFDA93.667 $90 Temporary Assistance for Needy Families $1 Temporary Assistance for Needy Families Grant CFDA93.558 $1 TANF Transfers to Child Care Development Fund per 42 USC 604 TOTAL AGENCY FUNDS $2,500,000 Sales and Services $2,500,000 Sales and Services Not Itemized $2,500,000 TOTAL PUBLIC FUNDS $206,441,297 $58,607,822 $145,318,410 $90,698,416 $54,619,903 $90 $1 $1 $2,500,000 $2,500,000 $2,500,000 $206,426,232 $58,577,959 $162,540,552 $90,698,416 $54,619,903 $90 $17,222,143 $17,222,143 $2,500,000 $2,500,000 $2,500,000 $223,618,511 Child Fatality Review Panel Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 191.1 Annualize the cost of the FY08 salary adjustment. $371,297 $371,297 $65,000 $65,000 $436,297 $371,297 $371,297 $65,000 $65,000 $436,297 $371,297 $371,297 $65,000 $65,000 $436,297 State General Funds $6,829 $6,829 $6,829 191.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $656 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $2,625 $3,281 $3,281 191.3 Increase funds for performance based salary adjustments. State General Funds $1,313 $0 $0 191.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,538 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,285) 2706 JOURNAL OF THE SENATE 191.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($307) ($307) ($307) 191.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized $7,534 191.100 -Child Fatality Review Panel Appropriation (HB 990) 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 $381,757 $381,100 $379,815 State General Funds $381,757 $381,100 $379,815 TOTAL FEDERAL FUNDS $65,000 $65,000 $72,534 Federal Funds Not Itemized $65,000 $65,000 $72,534 TOTAL PUBLIC FUNDS $446,757 $446,100 $452,349 Child Support Services Continuation Budget The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Social Services Block Grant CFDA93.667 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 192.1 Annualize the cost of the FY08 salary adjustment. $21,668,683 $21,668,683 $52,561,532 $52,441,532 $120,000 $2,841,500 $2,841,500 $2,841,500 $77,071,715 $21,668,683 $21,668,683 $52,561,532 $52,441,532 $120,000 $2,841,500 $2,841,500 $2,841,500 $77,071,715 $21,668,683 $21,668,683 $52,561,532 $52,441,532 $120,000 $2,841,500 $2,841,500 $2,841,500 $77,071,715 State General Funds $406,416 $406,416 $406,416 192.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $45,759 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $183,037 $228,796 $228,796 192.3 Increase funds for performance based salary adjustments. State General Funds $91,518 $0 $0 FRIDAY, MARCH 28, 2008 2707 192.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $179,136 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($90,706) 192.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS $3,184,106 $11,687,474 $14,871,580 $3,184,106 $11,687,474 $14,871,580 $3,184,106 $11,687,474 $14,871,580 192.6 Reduce funds to reflect a savings resulting from office consolidations. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($433,373) ($841,256) ($1,274,629) ($433,373) ($841,256) ($1,274,629) 192.98 Increase funds to reflect projected receipts. Agency to Agency Contracts $395,760 192.100 -Child Support Services Appropriation (HB 990) The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS $25,533,760 $25,054,628 $24,963,922 State General Funds $25,533,760 $25,054,628 $24,963,922 TOTAL FEDERAL FUNDS $64,249,006 $63,407,750 $63,407,750 Federal Funds Not Itemized $64,129,006 $63,287,750 $63,287,750 Social Services Block Grant CFDA93.667 $120,000 $120,000 $120,000 TOTAL AGENCY FUNDS $2,841,500 $2,841,500 $2,841,500 Sales and Services $2,841,500 $2,841,500 $2,841,500 Sales and Services Not Itemized $2,841,500 $2,841,500 $2,841,500 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $395,760 State Funds Transfers $395,760 Agency to Agency Contracts $395,760 TOTAL PUBLIC FUNDS $92,624,266 $91,303,878 $91,608,932 Child Welfare Services Continuation Budget The purpose of this appropriation is to provide for the investigating of allegations of child abuse and neglect, assessing family functioning, providing in-home support, counseling and treatment services, and to provide intervention services. 2708 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 193.1 Annualize the cost of the FY08 salary adjustment. $73,149,559 $73,149,559 $133,294,489 $817,637 $4,000 $17,334,517 $18,278,994 $11,331,449 $8,264,167 $77,263,725 $77,263,725 $24,846,326 $16,250 $16,250 $11,162,478 $11,162,478 $13,667,598 $13,667,598 $231,290,374 $73,149,559 $73,149,559 $133,294,489 $817,637 $4,000 $17,334,517 $18,278,994 $11,331,449 $8,264,167 $77,263,725 $77,263,725 $24,846,326 $16,250 $16,250 $11,162,478 $11,162,478 $13,667,598 $13,667,598 $231,290,374 $73,149,559 $73,149,559 $133,294,489 $817,637 $4,000 $17,334,517 $18,278,994 $11,331,449 $8,264,167 $77,263,725 $77,263,725 $24,846,326 $16,250 $16,250 $11,162,478 $11,162,478 $13,667,598 $13,667,598 $231,290,374 State General Funds $1,056,753 $1,056,753 $1,056,753 193.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $118,982 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $475,930 $594,912 $594,912 193.3 Increase funds for performance based salary adjustments. State General Funds $237,964 $0 $0 193.4 Increase funds to provide salary adjustments for critical jobs. State General Funds $2,169,459 $2,169,459 $2,169,459 193.5 Increase funds to make structure adjustments in the statewide salary plan. State General Funds $43,037 $43,037 $43,037 193.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and FRIDAY, MARCH 28, 2008 2709 H:Reduce by $465,787 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($235,852) 193.7 Eliminate one-time funds for Clayton County Rainbow House. State General Funds ($25,000) ($25,000) ($25,000) 193.8 Increase funds for providing protection and care of child victims of neglect and abuse. State General Funds $21,883,875 $21,883,875 $21,883,875 193.9 Increase funds due to anticipated earnings. Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS $1,203,019 $14,000,000 $15,203,019 $1,203,019 $14,000,000 $15,203,019 $1,203,019 $14,000,000 $15,203,019 193.10 Transfer funds from the Departmental Administration program to align the budget with expenditures. State General Funds $5,000,000 $5,000,000 $5,000,000 193.11 Transfer funds from the Support for Needy Families- Work Assistance program to align the budget with expenditures. State General Funds $6,380,234 $6,380,234 $6,380,234 193.12 Transfer funds from the Support for Needy Families- Family Assistance program to align the budget with expenditures. State General Funds $8,935,293 $8,935,293 $8,935,293 193.13 Transfer funds to the Child and Adolescent Mental Health Services program related to the unbundling of Level of Care. State General Funds ($412,329) ($412,329) ($412,329) 193.14 Transfer funds to the Out-of-Home Care program to align the budget with expenditures. State General Funds ($1,486,400) ($1,486,400) ($1,486,400) 193.15 Increase funds for the Regional Assessment Center for victims of child prostitution and trafficking. State General Funds $560,000 193.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TANF Transfers to Social Services Block Grant per 42 USC 604 Reserved Fund Balances Not Itemized FF Medical Assistance Program CFDA93.778 $5,310,376 ($11,331,449) $25,800,000 $1,608,406 $11,331,449 2710 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $32,718,782 193.99 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. 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 $0 193.100 -Child Welfare Services Appropriation (HB 990) 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. TOTAL STATE FUNDS $117,408,375 $117,289,393 $117,613,541 State General Funds $117,408,375 $117,289,393 $117,613,541 TOTAL FEDERAL FUNDS $148,497,508 $148,497,508 $168,276,435 CCDF Mandatory & Matching Funds CFDA93.596 $817,637 $817,637 $817,637 Community Services Block Grant CFDA93.569 $4,000 $4,000 $4,000 Federal Funds Not Itemized $18,537,536 $18,537,536 $23,847,912 Foster Care Title IV-E CFDA93.658 $32,278,994 $32,278,994 $32,278,994 Medical Assistance Program CFDA93.778 $11,331,449 $11,331,449 Social Services Block Grant CFDA93.667 $8,264,167 $8,264,167 $8,264,167 Temporary Assistance for Needy Families $77,263,725 $77,263,725 $103,063,725 Temporary Assistance for Needy Families Grant CFDA93.558 $77,263,725 $77,263,725 $77,263,725 TANF Transfers to Social Services Block Grant per 42 USC 604 $25,800,000 TOTAL AGENCY FUNDS $24,846,326 $24,846,326 $26,454,732 Contributions, Donations, and Forfeitures $16,250 $16,250 $16,250 Contributions, Donations, and Forfeitures Not Itemized $16,250 $16,250 $16,250 Reserved Fund Balances $11,162,478 $11,162,478 $12,770,884 Reserved Fund Balances Not Itemized $11,162,478 $11,162,478 $12,770,884 Sales and Services $13,667,598 $13,667,598 $13,667,598 Sales and Services Not Itemized $13,667,598 $13,667,598 $13,667,598 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $11,331,449 Federal Funds Transfers $11,331,449 FF Medical Assistance Program CFDA93.778 $11,331,449 TOTAL PUBLIC FUNDS $290,752,209 $290,633,227 $323,676,157 FRIDAY, MARCH 28, 2008 2711 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TANF Maintenance-of-Effort from External Sources Contributions, Donations, and Forfeitures 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 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Optional Medicaid Services Payments $120,092,508 $119,770,524 $321,984 $123,483,461 $1,293,026 $308,015 $4,069 $44,989,030 $9,837,170 $346,557 $31,567,459 $31,070 $9,953,930 $25,153,135 $25,153,135 $23,872,058 $18,000,008 $18,000,000 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,840 $3,628,840 $3 $3 $2 $1 $120,092,508 $119,770,524 $321,984 $123,483,461 $1,293,026 $308,015 $4,069 $44,989,030 $9,837,170 $346,557 $31,567,459 $31,070 $9,953,930 $25,153,135 $25,153,135 $23,872,058 $18,000,008 $18,000,000 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,840 $3,628,840 $3 $3 $2 $1 $120,092,508 $119,770,524 $321,984 $123,483,461 $1,293,026 $308,015 $4,069 $44,989,030 $9,837,170 $346,557 $31,567,459 $31,070 $9,953,930 $25,153,135 $25,153,135 $23,872,058 $18,000,008 $18,000,000 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,840 $3,628,840 $3 $3 $2 $1 2712 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS 194.1 Annualize the cost of the FY08 salary adjustment. $267,448,030 $267,448,030 $267,448,030 State General Funds $2,046,266 $2,046,266 $2,046,266 194.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $230,394 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $921,578 $1,151,972 $1,151,972 194.3 Increase funds for performance based salary adjustments. State General Funds $460,789 $0 $0 194.4 Increase funds to make structure adjustments in the statewide salary plan. State General Funds $128,623 $128,623 $128,623 194.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $901,938 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($456,697) 194.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($80,598) ($80,598) ($80,598) 194.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $364,708 $240,530 $0 194.8 Transfer funds to the Adolescent and Adult Health Promotion program for Office of Information Technology. State General Funds Tobacco Settlement Funds Federal Funds Not Itemized Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($72,365) ($190,189) ($5,074) ($8,320) ($275,948) ($72,365) ($190,189) ($5,074) ($8,320) ($275,948) ($72,365) ($190,189) ($5,074) ($8,320) ($275,948) 194.9 Transfer funds to the Adult Addictive Disease Services for Office of Information Technology. State General Funds ($181,662) ($181,662) ($181,662) 194.10 Transfer funds to the Adult Developmental Disabilities Services program for Office of Information Technology. FRIDAY, MARCH 28, 2008 2713 State General Funds ($224,981) ($224,981) ($224,981) 194.11 Transfer funds to the Adult Forensic Services program for Office of Information Technology. State General Funds ($144,713) ($144,713) ($144,713) 194.12 Transfer funds to the Adult Mental Health Services program for Office of Information Technology. State General Funds ($342,849) ($342,849) ($342,849) 194.13 Transfer funds to the Child and Adolescent Addictive Disease Services program for Office of Information Technology. State General Funds ($40,920) ($40,920) ($40,920) 194.14 Transfer funds to the Child and Adolescent Developmental Disabilities Services program for Office of Information Technology. State General Funds ($66,251) ($66,251) ($66,251) 194.15 Transfer funds to the Child and Adolescent Forensic Services program for Office of Information Technology. State General Funds ($11,444) ($11,444) ($11,444) 194.16 Transfer funds to the Child and Adolescent Mental Health Services program for Office of Information Technology. State General Funds ($300,712) ($300,712) ($300,712) 194.17 Transfer funds to the Child Support Services program for Office of Information Technology. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($3,184,106) ($11,687,474) ($14,871,580) ($3,184,106) ($11,687,474) ($14,871,580) ($3,184,106) ($11,687,474) ($14,871,580) 194.18 Transfer funds to the Direct Care Support Services program for Office of Information Technology. State General Funds ($256,927) ($256,927) ($256,927) 194.19 Transfer funds to the Elder Abuse Investigations and Prevention program for Office of Information Technology. State General Funds ($79,873) ($79,873) ($79,873) 194.20 Transfer funds to the Elder Community Living Services program for Office of Information Technology. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($7,097) ($83,540) ($90,637) ($7,097) ($83,540) ($90,637) ($7,097) ($83,540) ($90,637) 194.21 Transfer funds to the Elder Support Services program for Office of Information Technology. State General Funds ($2,158) ($2,158) ($2,158) 2714 JOURNAL OF THE SENATE 194.22 Transfer funds to the Eligibility Determination program for Office of Information Technology. State General Funds Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($13,574,742) ($4,993,663) ($1,982,030) ($346,557) ($18,034,361) ($3,752,949) ($42,684,302) ($13,574,742) ($4,993,663) ($1,982,030) ($346,557) ($18,034,361) ($3,752,949) ($42,684,302) ($13,574,742) ($4,993,663) ($1,982,030) ($346,557) ($18,034,361) ($3,752,949) ($42,684,302) 194.23 Transfer funds to the Epidemiology program for Office of Information Technology. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($6,745) ($6,745) ($13,490) ($6,745) ($6,745) ($13,490) ($6,745) ($6,745) ($13,490) 194.24 Transfer funds to the Facility and Provider Regulation program for Office of Information Technology. State General Funds Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($61,054) ($60,323) ($47,552) ($168,929) ($61,054) ($60,323) ($47,552) ($168,929) ($61,054) ($60,323) ($47,552) ($168,929) 194.25 Transfer funds to the Infant and Child Health Promotion program for Office of Information Technology. State General Funds Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($25,687) ($5,343) ($875) ($31,905) ($25,687) ($5,343) ($875) ($31,905) ($25,687) ($5,343) ($875) ($31,905) 194.26 Transfer funds to the Infectious Disease Control program for Office of Information Technology. State General Funds ($111,054) ($111,054) ($111,054) 194.27 Transfer funds to the Inspections and Environmental Hazard Control program for Office of Information Technology. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($35,043) ($3,500) ($38,543) ($35,043) ($3,500) ($38,543) ($35,043) ($3,500) ($38,543) 194.28 Transfer funds to the Vital Records program for Office of Information Technology. State General Funds ($748,241) ($748,241) ($748,241) FRIDAY, MARCH 28, 2008 2715 194.29 Reduce funds for training programs not required by regulation or law by utilizing teleconference or web cast. State General Funds ($10,000) ($10,000) ($10,000) 194.30 Transfer funds from the Adult Addictive Disease Services program to align the budget with expenditures. State General Funds $1,938,303 $1,938,303 $1,938,303 194.31 Transfer funds to the Facility and Provider Regulation program for the Office of Regulatory Services to align the budget with expenditures. State General Funds Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($747,442) ($25,000) ($298,233) ($70,000) ($1,140,675) ($747,442) ($25,000) ($298,233) ($70,000) ($1,140,675) ($747,442) ($25,000) ($298,233) ($70,000) ($1,140,675) 194.32 Reduce funds for Maintenance-of-Operations (MOE) calculations. TANF Maintenance-of-Effort from External Sources ($18,000,000) ($18,000,000) ($18,000,000) 194.33 Transfer funds to the Child Welfare Services program to align the budget with expenditures. State General Funds ($5,000,000) ($5,000,000) ($5,000,000) 194.34 Transfer funds to the Eligibility Program to align the budget with expenditures. State General Funds ($1,805,032) ($1,805,032) ($1,805,032) 194.35 Transfer funds to the Child and Adolescent Mental Health Services program for the unbundling of Level of Care. State General Funds ($109,145) ($109,145) ($109,145) 194.36 Transfer funds to the Support for Needy Families- Family Assistance program to align the budget with expenditures. Temporary Assistance for Needy Families Grant CFDA93.558 ($2,000,000) ($2,000,000) ($2,000,000) 194.37 Transfer funds to the Inspections and Environmental Hazard Control program to fund environmental health director positions. State General Funds ($1,240,352) ($1,240,352) ($1,240,352) 194.38 Transfer funds to the Infectious Disease control program to align the budget with the program where laboratory activities occur. State General Funds ($787,183) ($787,183) ($787,183) 194.39 Reduce funds to reflect increased contract management. State General Funds ($1,030,000) $0 2716 JOURNAL OF THE SENATE 194.40 Reduce funds to adhere to the 2% reduction mandate. State General Funds ($1,787,469) ($1,787,469) 194.41 Reduce funds and use savings to fund the shortfall in Child Care Services. Temporary Assistance for Needy Families Grant CFDA93.558 ($9,391,866) 194.98 Increase funds to reflect projected receipts. CCDF Mandatory & Matching Funds CFDA93.596 $1,532,977 Child Care & Development Block Grant CFDA93.575 $1,429,709 Community Services Block Grant CFDA93.569 $215,932 Federal Funds Not Itemized $21,880,442 Low-Income Home Energy Assistance CFDA93.568 $284,564 Medical Assistance Program CFDA93.778 ($13,092,653) Temporary Assistance for Needy Families Grant CFDA93.558 $0 Contributions, Donations, and Forfeitures Not Itemized $96,678 Intergovernmental Transfers Not Itemized ($2) Sales and Services Not Itemized $1,244,323 Agency to Agency Contracts $593,155 Optional Medicaid Services Payments ($1) FF Medical Assistance Program CFDA93.778 $20,618,667 TOTAL PUBLIC FUNDS $34,803,791 194.100 -Departmental Administration Appropriation (HB 990) The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office. TOTAL STATE FUNDS $96,504,210 $93,332,168 $93,664,941 State General Funds $96,372,415 $93,200,373 $93,533,146 Tobacco Settlement Funds $131,795 $131,795 $131,795 TOTAL FEDERAL FUNDS $80,141,922 $80,141,922 $83,001,027 CCDF Mandatory & Matching Funds CFDA93.596 $1,293,026 $1,293,026 $2,826,003 Child Care & Development Block Grant CFDA93.575 $308,015 $308,015 $1,737,724 Community Services Block Grant CFDA93.569 $4,069 $4,069 $220,001 Federal Funds Not Itemized $28,237,153 $28,237,153 $50,117,595 Foster Care Title IV-E CFDA93.658 $7,830,140 $7,830,140 $7,830,140 Low-Income Home Energy Assistance CFDA93.568 $284,564 Medical Assistance Program CFDA93.778 $13,092,653 $13,092,653 FRIDAY, MARCH 28, 2008 2717 Preventive Health & Health Services Block Grant CFDA93.991 $31,070 Social Services Block Grant CFDA93.667 $9,953,930 Temporary Assistance for Needy Families $19,391,866 Temporary Assistance for Needy Families Grant CFDA93.558 $19,391,866 TOTAL AGENCY FUNDS $5,802,058 Contributions, Donations, and Forfeitures $8 Contributions, Donations, and Forfeitures Not Itemized $8 Intergovernmental Transfers $2 Intergovernmental Transfers Not Itemized $2 Rebates, Refunds, and Reimbursements $2,915 Rebates, Refunds, and Reimbursements Not Itemized $2,915 Royalties and Rents $2,240,293 Royalties and Rents Not Itemized $2,240,293 Sales and Services $3,558,840 Sales and Services Not Itemized $3,558,840 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3 State Funds Transfers $3 Agency to Agency Contracts $2 Optional Medicaid Services Payments $1 Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $182,448,193 $31,070 $9,953,930 $19,391,866 $19,391,866 $5,802,058 $8 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,558,840 $3,558,840 $3 $3 $2 $1 $179,276,151 $31,070 $9,953,930 $10,000,000 $10,000,000 $7,143,057 $96,686 $96,686 $2,915 $2,915 $2,240,293 $2,240,293 $4,803,163 $4,803,163 $21,211,824 $593,157 $593,157 $20,618,667 $20,618,667 $205,020,849 Direct Care and Support Services Continuation Budget The purpose of this appropriation is to provide facility support services and direct patient support therapies. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized $108,039,606 $108,039,606 $6,205,532 $6,205,526 $6 $43,191,003 $266,668 $266,668 $108,039,606 $108,039,606 $6,205,532 $6,205,526 $6 $43,191,003 $266,668 $266,668 $108,039,606 $108,039,606 $6,205,532 $6,205,526 $6 $43,191,003 $266,668 $266,668 2718 JOURNAL OF THE SENATE Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS 195.1 Annualize the cost of the FY08 salary adjustment. $148,000 $148,000 $42,776,335 $42,776,335 $5,155,534 $5,155,534 $5,155,534 $162,591,675 $148,000 $148,000 $42,776,335 $42,776,335 $5,155,534 $5,155,534 $5,155,534 $162,591,675 $148,000 $148,000 $42,776,335 $42,776,335 $5,155,534 $5,155,534 $5,155,534 $162,591,675 State General Funds $2,069,599 $2,069,599 $2,069,599 195.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $233,021 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $932,085 $1,165,106 $1,165,106 195.3 Increase funds for performance based salary adjustments. State General Funds $466,042 $0 $0 195.4 Increase funds to provide salary adjustments for critical jobs. State General Funds $308,959 $308,959 $308,959 195.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $912,222 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($461,905) 195.6 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $256,927 $256,927 $256,927 195.7 Transfer funds from the Child and Adolescent Mental Health Services program to align the budget with expenditures. State General Funds $766,723 $766,723 $766,723 195.8 Transfer funds from the Adult Addictive Disease Services program to align the budget with expenditures. State General Funds $146,613 $146,613 $146,613 195.9 Transfer funds from the Child and Adolescent Addictive Disease Services program. State General Funds $1,868,277 $1,868,277 $1,868,277 195.10 Reduce funds to reflect Medicaid Federal Financial Participation (FFP) rate changes. FRIDAY, MARCH 28, 2008 2719 State General Funds ($234,040) ($234,040) ($234,040) 195.11 Reduce funds for the hospital repairs that were added in HB95 (FY08). State General Funds ($1,970,000) ($1,970,000) ($1,970,000) 195.12 Increase one-time funds for capital project at Central State Hospital. (H and S:Fund with bonds) [One-Time Change] State General Funds $385,000 $0 $0 195.13 Increase one-time funds for capital project at Northwest Regional Hospital. (H and S:Fund with bonds) [One-Time Change] State General Funds $560,000 $0 $0 195.14 Increase funds for state hospital operations and quality of care. State General Funds $9,947,368 $9,947,368 $9,947,368 195.15 Increase funds for a special salary adjustment for Mental Health nurses who are paid less than 75% of market salary. State General Funds $731,691 $731,691 195.98 Increase funds to reflect projected receipts. Medical Assistance Program CFDA93.778 ($6) Sales and Services Not Itemized $7,733,709 FF Medical Assistance Program CFDA93.778 $4,500,223 TOTAL PUBLIC FUNDS $12,233,926 195.100 -Direct Care and Support Services Appropriation (HB 990) The purpose of this appropriation is to provide facility support services and direct patient support therapies. TOTAL STATE FUNDS $123,543,159 $123,096,829 $122,634,924 State General Funds $123,543,159 $123,096,829 $122,634,924 TOTAL FEDERAL FUNDS $6,205,532 $6,205,532 $6,205,526 Federal Funds Not Itemized $6,205,526 $6,205,526 $6,205,526 Medical Assistance Program CFDA93.778 $6 $6 TOTAL AGENCY FUNDS $43,191,003 $43,191,003 $50,924,712 Contributions, Donations, and Forfeitures $266,668 $266,668 $266,668 Contributions, Donations, and Forfeitures Not Itemized $266,668 $266,668 $266,668 Reserved Fund Balances $148,000 $148,000 $148,000 Reserved Fund Balances Not Itemized $148,000 $148,000 $148,000 Sales and Services $42,776,335 $42,776,335 $50,510,044 Sales and Services Not Itemized $42,776,335 $42,776,335 $50,510,044 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,155,534 $5,155,534 $9,655,757 2720 JOURNAL OF THE SENATE State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $5,155,534 $5,155,534 $178,095,228 $5,155,534 $5,155,534 $177,648,898 $5,155,534 $5,155,534 $4,500,223 $4,500,223 $189,420,919 Elder Abuse Investigations and Prevention Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 196.1 Annualize the cost of the FY08 salary adjustment. $10,200,245 $10,200,245 $7,049,297 $591,695 $4,178,063 $2,279,539 $45,260 $45,260 $45,260 $17,294,802 $10,200,245 $10,200,245 $7,049,297 $591,695 $4,178,063 $2,279,539 $45,260 $45,260 $45,260 $17,294,802 $10,200,245 $10,200,245 $7,049,297 $591,695 $4,178,063 $2,279,539 $45,260 $45,260 $45,260 $17,294,802 State General Funds $162,216 $162,216 $162,216 196.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $18,264 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $73,058 $91,322 $91,322 196.3 Increase funds for performance based salary adjustments. State General Funds $36,529 $0 $0 196.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $71,501 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($36,205) 196.5 Transfer funds from Departmental Administration Office of Information Technology. FRIDAY, MARCH 28, 2008 2721 State General Funds $79,873 $79,873 $79,873 196.6 Reduce funds for training programs not required by regulation or law by utilizing teleconference or Web cast. State General Funds ($10,000) ($10,000) ($10,000) 196.7 Reduce funds for Senior Adult Victims' Advocate services. State General Funds ($10,000) ($10,000) ($10,000) 196.8 Increase funds for protection and care for elderly victims of neglect and abuse. State General Funds $1,800,000 $4,100,000 $4,100,000 196.9 Replace funds due to the revisions of the federal administrative rules. Medical Assistance Program CFDA93.778 ($3,500,000) ($3,500,000) ($3,500,000) 196.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized $202,199 Medical Assistance Program CFDA93.778 ($678,063) Sales and Services Not Itemized ($45,260) FF Medical Assistance Program CFDA93.778 $678,063 TOTAL PUBLIC FUNDS $156,939 196.100 -Elder Abuse Investigations and Prevention Appropriation (HB 990) 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. TOTAL STATE FUNDS $12,331,921 $14,613,656 $14,577,451 State General Funds $12,331,921 $14,613,656 $14,577,451 TOTAL FEDERAL FUNDS $3,549,297 $3,549,297 $3,073,433 Federal Funds Not Itemized $591,695 $591,695 $793,894 Medical Assistance Program CFDA93.778 $678,063 $678,063 Social Services Block Grant CFDA93.667 $2,279,539 $2,279,539 $2,279,539 TOTAL AGENCY FUNDS $45,260 $45,260 Sales and Services $45,260 $45,260 Sales and Services Not Itemized $45,260 $45,260 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $678,063 Federal Funds Transfers $678,063 FF Medical Assistance Program CFDA93.778 $678,063 TOTAL PUBLIC FUNDS $15,926,478 $18,208,213 $18,328,947 2722 JOURNAL OF THE SENATE Elder Community Living Services Continuation Budget 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 State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS 197.1 Annualize the cost of the FY08 salary adjustment. $78,165,981 $74,501,248 $3,664,733 $41,149,138 $23,789,037 $13,598,671 $3,761,430 $119,315,119 $78,165,981 $74,501,248 $3,664,733 $41,149,138 $23,789,037 $13,598,671 $3,761,430 $119,315,119 $78,165,981 $74,501,248 $3,664,733 $41,149,138 $23,789,037 $13,598,671 $3,761,430 $119,315,119 State General Funds $12,488 $12,488 $12,488 197.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,406 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,625 $7,031 $7,031 197.3 Increase funds for performance based salary adjustments. State General Funds $2,813 $0 $0 197.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $5,505 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,787) 197.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $7,097 $83,540 $90,637 $7,097 $83,540 $90,637 $7,097 $83,540 $90,637 197.6 Reduce funds to reflect Medicaid Federal Financial Participation (FFP) rate changes. State General Funds ($1,186,380) ($1,186,380) ($1,186,380) 197.7 Reduce funds for training program not required by regulation or law by utilizing teleconference or web cast. State General Funds ($10,000) ($10,000) ($10,000) FRIDAY, MARCH 28, 2008 2723 197.8 Increase funds for provision of required match dollars to support Money Follows the Person grant to transition a greater number of clients from institutions to the community. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $488,517 $83,048 $571,565 $488,517 $83,048 $571,565 $488,517 $83,048 $571,565 197.9 Reduce funds for elder retirement communities contract. State General Funds ($40,000) ($40,000) ($40,000) 197.10 Reduce funds for caregiver training and educational materials. State General Funds ($36,000) ($36,000) ($36,000) 197.11 Reduce funds for the Area on Aging Administration. State General Funds ($116,000) ($116,000) 197.12 Reduce funds for the Georgia Health Decisions Critical Decisions Guides. State General Funds ($100,000) ($100,000) 197.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized $119,598 Medical Assistance Program CFDA93.778 ($13,765,259) Contributions, Donations, and Forfeitures Not Itemized $118,142 Sales and Services Not Itemized $3,600 FF Medical Assistance Program CFDA93.778 $13,765,259 TOTAL PUBLIC FUNDS $241,340 197.100 -Elder Community Living Services Appropriation (HB 990) 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 $77,410,141 $77,192,734 $77,189,947 State General Funds $73,745,408 $73,528,001 $73,525,214 Tobacco Settlement Funds $3,664,733 $3,664,733 $3,664,733 TOTAL FEDERAL FUNDS $41,315,726 $41,315,726 $27,670,065 Federal Funds Not Itemized $23,789,037 $23,789,037 $23,908,635 Medical Assistance Program CFDA93.778 $13,765,259 $13,765,259 Social Services Block Grant CFDA93.667 $3,761,430 $3,761,430 $3,761,430 TOTAL AGENCY FUNDS $121,742 2724 JOURNAL OF THE SENATE Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $118,725,867 $118,508,460 $118,142 $118,142 $3,600 $3,600 $13,765,259 $13,765,259 $13,765,259 $118,747,013 Elder Support Services Continuation Budget 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 State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 198.1 Annualize the cost of the FY08 salary adjustment. $3,557,708 $1,030,635 $2,527,073 $5,901,407 $5,901,407 $9,459,115 $3,557,708 $1,030,635 $2,527,073 $5,901,407 $5,901,407 $9,459,115 $3,557,708 $1,030,635 $2,527,073 $5,901,407 $5,901,407 $9,459,115 State General Funds $1,017 $1,017 $1,017 198.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $115 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $458 $573 $573 198.3 Increase funds for performance based salary adjustments. State General Funds $230 $0 $0 198.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $449 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($227) 198.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $2,158 $2,158 $2,158 FRIDAY, MARCH 28, 2008 2725 198.6 Reduce funds for training programs not required by regulation or law by utilizing teleconference or web cast. State General Funds ($20,000) ($20,000) ($20,000) 198.7 Increase funds for updating the Aging Information Management System (AIMS). (G, H, and S:Reduce by $500,000 due to revenue estimate change) State General Funds $0 $0 $0 198.8 Increase funds for Georgia's Nutrition Services Incentive program to replace decreased federal funds. (H and S:Increase funds for Meals on Wheels and congregate meals for at-risk seniors.) State General Funds $1,045,000 $1,045,000 198.100 -Elder Support Services Appropriation (HB 990) 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 $3,541,571 $4,586,456 $4,586,229 State General Funds $1,014,498 $2,059,383 $2,059,156 Tobacco Settlement Funds $2,527,073 $2,527,073 $2,527,073 TOTAL FEDERAL FUNDS $5,901,407 $5,901,407 $5,901,407 Federal Funds Not Itemized $5,901,407 $5,901,407 $5,901,407 TOTAL PUBLIC FUNDS $9,442,978 $10,487,863 $10,487,636 Eligibility Determination Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 199.1 Annualize the cost of the FY08 salary adjustment. $26,942,155 $26,942,155 $28,565,198 $28,565,198 $4,187,397 $4,187,397 $4,187,397 $59,694,750 $26,942,155 $26,942,155 $28,565,198 $28,565,198 $4,187,397 $4,187,397 $4,187,397 $59,694,750 $26,942,155 $26,942,155 $28,565,198 $28,565,198 $4,187,397 $4,187,397 $4,187,397 $59,694,750 State General Funds $227,013 $227,013 $227,013 199.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $25,560 for a 2% cost of living 2726 JOURNAL OF THE SENATE adjustment due to revenue estimate change) State General Funds $102,239 $127,799 $127,799 199.3 Increase funds for performance based salary adjustments. State General Funds $51,119 $0 $0 199.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $100,061 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($50,666) 199.5 Transfer funds from the Support for Needy Families- Work Assistance program to align the budget with expenditures. State General Funds $11,924,766 $11,924,766 $11,924,766 199.6 Transfer funds from the Departmental Administration program to align the budget with expenditures. State General Funds $1,805,032 $1,805,032 $1,805,032 199.7 Transfer funds from Departmental Administration Office of Information Technology. State General Funds Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $13,574,742 $4,993,663 $1,982,030 $346,557 $18,034,361 $3,752,949 $42,684,302 $13,574,742 $4,993,663 $1,982,030 $346,557 $18,034,361 $3,752,949 $42,684,302 $13,574,742 $4,993,663 $1,982,030 $346,557 $18,034,361 $3,752,949 $42,684,302 199.8 Transfer funds from the Support for Needy Families- Family Assistance program to align the budget with expenditures. State General Funds $2,319,832 $2,319,832 $2,319,832 199.98 Increase funds to reflect projected revenue receipts. Medical Assistance Program CFDA93.778 ($46,599,559) Temporary Assistance for Needy Families Grant CFDA93.558 ($3,752,949) FF Medical Assistance Program CFDA93.778 $46,599,559 TOTAL PUBLIC FUNDS ($3,752,949) 199.100 -Eligibility Determination Appropriation (HB 990) 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. FRIDAY, MARCH 28, 2008 2727 TOTAL STATE FUNDS $56,946,898 State General Funds $56,946,898 TOTAL FEDERAL FUNDS $57,674,758 Federal Funds Not Itemized $4,993,663 Foster Care Title IV-E CFDA93.658 $1,982,030 Low-Income Home Energy Assistance CFDA93.568 $346,557 Medical Assistance Program CFDA93.778 $46,599,559 Temporary Assistance for Needy Families $3,752,949 Temporary Assistance for Needy Families Grant CFDA93.558 $3,752,949 TOTAL AGENCY FUNDS $4,187,397 Intergovernmental Transfers $4,187,397 Intergovernmental Transfers Not Itemized $4,187,397 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $118,809,053 $56,921,339 $56,921,339 $57,674,758 $4,993,663 $1,982,030 $346,557 $46,599,559 $3,752,949 $3,752,949 $4,187,397 $4,187,397 $4,187,397 $118,783,494 $56,870,673 $56,870,673 $7,322,250 $4,993,663 $1,982,030 $346,557 $4,187,397 $4,187,397 $4,187,397 $46,599,559 $46,599,559 $46,599,559 $114,979,879 Emergency Preparedness / Trauma System Improvement Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS 200.1 Annualize the cost of the FY08 salary adjustment. $13,347,797 $13,347,797 $42,120,108 $40,972,604 $1,147,504 $1 $1 $1 $55,467,906 $13,347,797 $13,347,797 $42,120,108 $40,972,604 $1,147,504 $1 $1 $1 $55,467,906 $13,347,797 $13,347,797 $42,120,108 $40,972,604 $1,147,504 $1 $1 $1 $55,467,906 State General Funds $40,561 $40,561 $40,561 200.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $4,567 for a 2% cost of living adjustment due to revenue estimate change) 2728 JOURNAL OF THE SENATE State General Funds $18,268 $22,835 $22,835 200.3 Increase funds for performance based salary adjustments. State General Funds $9,134 $0 $0 200.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $17,878 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($9,053) 200.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($437) ($437) ($437) 200.6 Increase funds for general grant-in-aid funding to be distributed based on population, poverty, and the uninsured rate. (G, H, and S:Reduce by $186,813 due to revenue estimate change) State General Funds $0 $0 $0 200.7 Reduce funds for the purchase of antiviral medications to treat pandemic flu added in HB95 (FY08). State General Funds ($7,000,000) ($7,000,000) ($7,000,000) 200.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized $54,066 Maternal & Child Health Services Block Grant CFDA93.994 $407,750 Agency to Agency Contracts ($1) TOTAL PUBLIC FUNDS $461,815 200.100 -Emergency Preparedness / Trauma System Improvement Appropriation (HB 990) 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. TOTAL STATE FUNDS $6,415,323 $6,410,756 $6,401,703 State General Funds $6,415,323 $6,410,756 $6,401,703 TOTAL FEDERAL FUNDS $42,120,108 $42,120,108 $42,581,924 Federal Funds Not Itemized $40,972,604 $40,972,604 $41,026,670 Maternal & Child Health Services Block Grant CFDA93.994 $407,750 Preventive Health & Health Services Block Grant CFDA93.991 $1,147,504 $1,147,504 $1,147,504 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1 $1 State Funds Transfers $1 $1 Agency to Agency Contracts $1 $1 FRIDAY, MARCH 28, 2008 2729 TOTAL PUBLIC FUNDS $48,535,432 $48,530,865 $48,983,627 Energy Assistance Continuation Budget The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL FEDERAL FUNDS $24,281,180 $24,281,180 $24,281,180 Low-Income Home Energy Assistance CFDA93.568 $24,281,180 $24,281,180 $24,281,180 TOTAL AGENCY FUNDS $4,384,452 $4,384,452 $4,384,452 Contributions, Donations, and Forfeitures $804,904 $804,904 $804,904 Contributions, Donations, and Forfeitures Not Itemized $804,904 $804,904 $804,904 Intergovernmental Transfers $3,579,548 $3,579,548 $3,579,548 Intergovernmental Transfers Not Itemized $3,579,548 $3,579,548 $3,579,548 TOTAL PUBLIC FUNDS $28,665,632 $28,665,632 $28,665,632 201.100 -Energy Assistance Appropriation (HB 990) The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs. TOTAL FEDERAL FUNDS $24,281,180 $24,281,180 $24,281,180 Low-Income Home Energy Assistance CFDA93.568 $24,281,180 $24,281,180 $24,281,180 TOTAL AGENCY FUNDS $4,384,452 $4,384,452 $4,384,452 Contributions, Donations, and Forfeitures $804,904 $804,904 $804,904 Contributions, Donations, and Forfeitures Not Itemized $804,904 $804,904 $804,904 Intergovernmental Transfers $3,579,548 $3,579,548 $3,579,548 Intergovernmental Transfers Not Itemized $3,579,548 $3,579,548 $3,579,548 TOTAL PUBLIC FUNDS $28,665,632 $28,665,632 $28,665,632 Epidemiology Continuation Budget The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 $6,116,285 $6,000,648 $115,637 $5,008,425 $4,606,155 $205,520 $6,116,285 $6,000,648 $115,637 $5,008,425 $4,606,155 $205,520 $6,116,285 $6,000,648 $115,637 $5,008,425 $4,606,155 $205,520 2730 JOURNAL OF THE SENATE Preventive Health & Health Services Block Grant CFDA93.991 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS 202.1 Annualize the cost of the FY08 salary adjustment. $196,750 $111,062 $111,062 $111,062 $52,820 $52,820 $52,820 $11,288,592 $196,750 $111,062 $111,062 $111,062 $52,820 $52,820 $52,820 $11,288,592 $196,750 $111,062 $111,062 $111,062 $52,820 $52,820 $52,820 $11,288,592 State General Funds $102,491 $102,491 $102,491 202.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $11,540 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $46,158 $57,698 $57,698 202.3 Increase funds for performance based salary adjustments. State General Funds $23,080 $0 $0 202.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $45,176 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($22,875) 202.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($242) ($242) ($242) 202.6 Transfer funds from Departmental Administration Office of Information Technology. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $6,745 $6,745 $13,490 $6,745 $6,745 $13,490 $6,745 $6,745 $13,490 202.7 Increase funds for general grant-in-aid funding to be distributed based on population, poverty, and the uninsured rate. (G, H, and S:Reduce by $119,152 due to revenue estimate change) State General Funds $0 $0 $0 202.8 Reduce funds due to improved contract management. State General Funds ($263,500) ($263,500) ($263,500) FRIDAY, MARCH 28, 2008 2731 202.9 Utilize existing funds to upgrade the State Electronic Notifiable Disease Surveillance System (SENDSS). (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 202.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized $1,398,595 Medical Assistance Program CFDA93.778 ($212,265) Contributions, Donations, and Forfeitures Not Itemized ($58,062) FF Medical Assistance Program CFDA93.778 $205,520 TOTAL PUBLIC FUNDS $1,333,788 202.100 -Epidemiology Appropriation (HB 990) The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. TOTAL STATE FUNDS $6,031,017 $6,019,477 $5,996,602 State General Funds $5,915,380 $5,903,840 $5,880,965 Tobacco Settlement Funds $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $5,015,170 $5,015,170 $6,201,500 Federal Funds Not Itemized $4,606,155 $4,606,155 $6,004,750 Medical Assistance Program CFDA93.778 $212,265 $212,265 Preventive Health & Health Services Block Grant CFDA93.991 $196,750 $196,750 $196,750 TOTAL AGENCY FUNDS $111,062 $111,062 $53,000 Contributions, Donations, and Forfeitures $111,062 $111,062 $53,000 Contributions, Donations, and Forfeitures Not Itemized $111,062 $111,062 $53,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $52,820 $52,820 $258,340 State Funds Transfers $52,820 $52,820 $52,820 Agency to Agency Contracts $52,820 $52,820 $52,820 Federal Funds Transfers $205,520 FF Medical Assistance Program CFDA93.778 $205,520 TOTAL PUBLIC FUNDS $11,210,069 $11,198,529 $12,509,442 Facility and Provider Regulation Continuation Budget The purpose of this appropriation is to inspect and license adult day services, foster care residential facilities, child placing agencies, long term care and health care facilities. TOTAL STATE FUNDS State General Funds $7,995,191 $7,995,191 $7,995,191 $7,995,191 $7,995,191 $7,995,191 2732 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS 203.1 Annualize the cost of the FY08 salary adjustment. $7,153,894 $4,770,250 $287,568 $2,096,076 $15,149,085 $7,153,894 $4,770,250 $287,568 $2,096,076 $15,149,085 $7,153,894 $4,770,250 $287,568 $2,096,076 $15,149,085 State General Funds $97,355 $97,355 $97,355 203.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $10,961 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $43,846 $54,807 $54,807 203.3 Increase funds for performance based salary adjustments. State General Funds $21,923 $0 $0 203.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $42,911 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($21,728) 203.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $61,054 $60,323 $47,552 $168,929 $61,054 $60,323 $47,552 $168,929 $61,054 $60,323 $47,552 $168,929 203.6 Reduce funds for routine x-ray surveys and implement a survey schedule for only initial inspections and complaint investigations. State General Funds ($174,853) ($174,853) ($174,853) 203.7 Transfer funds from Departmental Administration program to align the budget with expenditures. State General Funds Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $747,442 $25,000 $298,233 $70,000 $1,140,675 $747,442 $25,000 $298,233 $70,000 $1,140,675 $747,442 $25,000 $298,233 $70,000 $1,140,675 FRIDAY, MARCH 28, 2008 2733 203.98 Increase funds to reflect projected receipts. Medical Assistance Program CFDA93.778 ($2,441,861) FF Medical Assistance Program CFDA93.778 $2,441,861 TOTAL PUBLIC FUNDS $0 203.100 -Facility and Provider Regulation Appropriation (HB 990) The purpose of this appropriation is to inspect and license adult day services, foster care residential facilities, child placing agencies, long term care and health care facilities. TOTAL STATE FUNDS $8,791,958 $8,780,996 $8,759,268 State General Funds $8,791,958 $8,780,996 $8,759,268 TOTAL FEDERAL FUNDS $7,585,002 $7,585,002 $5,143,141 Federal Funds Not Itemized $4,830,573 $4,830,573 $4,830,573 Foster Care Title IV-E CFDA93.658 $312,568 $312,568 $312,568 Medical Assistance Program CFDA93.778 $2,441,861 $2,441,861 TOTAL AGENCY FUNDS $70,000 $70,000 $70,000 Sales and Services $70,000 $70,000 $70,000 Sales and Services Not Itemized $70,000 $70,000 $70,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,441,861 Federal Funds Transfers $2,441,861 FF Medical Assistance Program CFDA93.778 $2,441,861 TOTAL PUBLIC FUNDS $16,446,960 $16,435,998 $16,414,270 Family Connection Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS 204.1 Annualize the cost of the FY08 salary adjustment. $9,406,637 $9,406,637 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $11,875,408 $9,406,637 $9,406,637 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $11,875,408 $9,406,637 $9,406,637 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $11,875,408 State General Funds $4,267 $4,267 $4,267 2734 JOURNAL OF THE SENATE 204.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $592 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $2,367 $2,959 $2,959 204.3 Increase funds for performance based salary adjustments. State General Funds $1,184 $0 $0 204.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,289 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,159) 204.5 Increase funds for expanding the outcome analysis initiative to evaluate county collaboration effectiveness and provide guidance to improve strategic outcomes. State General Funds $100,000 $100,000 $100,000 204.6 Increase funds for identifying possible funding mechanisms for county collaboratives with the goal of independent sustainability. State General Funds $88,133 $88,133 $88,133 204.98 Increase funds to reflect projected receipts. Medical Assistance Program CFDA93.778 ($1,268,771) FF Medical Assistance Program CFDA93.778 $1,268,771 TOTAL PUBLIC FUNDS $0 204.100 -Family Connection Appropriation (HB 990) 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 $9,602,588 $9,601,996 $9,600,837 State General Funds $9,602,588 $9,601,996 $9,600,837 TOTAL FEDERAL FUNDS $2,468,771 $2,468,771 $1,200,000 Medical Assistance Program CFDA93.778 $1,268,771 $1,268,771 Temporary Assistance for Needy Families $1,200,000 $1,200,000 $1,200,000 Temporary Assistance for Needy Families Grant CFDA93.558 $1,200,000 $1,200,000 $1,200,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,268,771 Federal Funds Transfers $1,268,771 FF Medical Assistance Program CFDA93.778 $1,268,771 FRIDAY, MARCH 28, 2008 2735 TOTAL PUBLIC FUNDS $12,071,359 $12,070,767 $12,069,608 204.101 Special Project - Family Connection: Increase funds for Connecting Henry, Inc., for a multi-jurisdictional collaborative to address the high dropout rate in the community. State General Funds $1,000,000 $0 Family Violence Services Continuation Budget The purpose of this appropriation is to provide safe shelter and related services for victims of family violence. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS 205.1 Increase funds for approved family violence shelters. $4,701,950 $4,701,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $12,550,708 $4,701,950 $4,701,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $12,550,708 $4,701,950 $4,701,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $12,550,708 State General Funds $1,300,000 205.2 Increase funds for rape crisis centers. State General Funds $635,000 205.100 -Family Violence Services Appropriation (HB 990) The purpose of this appropriation is to provide safe shelter and related services for victims of family violence. TOTAL STATE FUNDS $4,701,950 $4,701,950 $6,636,950 State General Funds $4,701,950 $4,701,950 $6,636,950 TOTAL FEDERAL FUNDS $7,848,758 $7,848,758 $7,848,758 Federal Funds Not Itemized $2,083,044 $2,083,044 $2,083,044 Preventive Health & Health Services Block Grant CFDA93.991 $200,470 $200,470 $200,470 Temporary Assistance for Needy Families $5,565,244 $5,565,244 $5,565,244 Temporary Assistance for Needy Families Grant CFDA93.558 $5,565,244 $5,565,244 $5,565,244 TOTAL PUBLIC FUNDS $12,550,708 $12,550,708 $14,485,708 Federal Unobligated Balances Continuation Budget The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are provided. 2736 JOURNAL OF THE SENATE TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL FEDERAL FUNDS $39,024,293 $39,024,293 $39,024,293 TANF Unobligated Balance per 42 USC 604 $39,024,293 $39,024,293 $39,024,293 TOTAL PUBLIC FUNDS $39,024,293 $39,024,293 $39,024,293 206.1 Transfer funds to the Out-of-Home Care program to align the budget with expenditures. (S:Reflect Unobligated Balance Usage in the Support for Needy Families-Basic Assistance Program) TANF Unobligated Balance per 42 USC 604 ($39,024,293) ($39,024,293) ($65,652,812) 206.2 Increase funds to reflect the federal unobligated balance on the ACF-196 submission form as of September 30, 2007. TANF Unobligated Balance per 42 USC 604 $114,247,340 206.3 Reflect Unobligated Balance Usage in HB989 (FY08 Session). TANF Unobligated Balance per 42 USC 604 ($65,652,812) 206.100 -Federal Unobligated Balances Appropriation (HB 990) The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are provided. TOTAL FEDERAL FUNDS $21,966,009 TANF Unobligated Balance per 42 USC 604 $21,966,009 TOTAL PUBLIC FUNDS $21,966,009 Food Stamp Eligibility and Benefits Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 207.1 Annualize the cost of the FY08 salary adjustment. $25,547,915 $25,547,915 $31,522,747 $31,522,747 $12,409 $12,409 $12,409 $57,083,071 $25,547,915 $25,547,915 $31,522,747 $31,522,747 $12,409 $12,409 $12,409 $57,083,071 $25,547,915 $25,547,915 $31,522,747 $31,522,747 $12,409 $12,409 $12,409 $57,083,071 State General Funds $362,992 $362,992 $362,992 207.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $40,870 for a 2% cost of living FRIDAY, MARCH 28, 2008 2737 adjustment due to revenue estimate change) State General Funds $163,480 $204,350 $204,350 207.3 Increase funds for performance based salary adjustments. State General Funds $81,740 $0 $0 207.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $159,996 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($81,014) 207.5 Transfer funds from the Support for Needy Families- Family Assistance program to align the budget with expenditures. State General Funds $4,840,719 $4,840,719 $4,840,719 207.6 Transfer funds from the Support for Needy Families- Basic Assistance program to align the budget with expenditures. State General Funds $8,715,527 $8,715,527 $8,715,527 207.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized $42,772,547 207.100 -Food Stamp Eligibility and Benefits Appropriation (HB 990) 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. TOTAL STATE FUNDS $39,712,373 $39,671,503 $39,590,489 State General Funds $39,712,373 $39,671,503 $39,590,489 TOTAL FEDERAL FUNDS $31,522,747 $31,522,747 $74,295,294 Federal Funds Not Itemized $31,522,747 $31,522,747 $74,295,294 TOTAL AGENCY FUNDS $12,409 $12,409 $12,409 Sales and Services $12,409 $12,409 $12,409 Sales and Services Not Itemized $12,409 $12,409 $12,409 TOTAL PUBLIC FUNDS $71,247,529 $71,206,659 $113,898,192 Immunization Continuation Budget The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS $11,725,931 $11,725,931 $14,566,629 $11,725,931 $11,725,931 $14,566,629 $11,725,931 $11,725,931 $14,566,629 2738 JOURNAL OF THE SENATE Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS 208.1 Annualize the cost of the FY08 salary adjustment. $7,100,170 $6,762,746 $1 $703,712 $26,292,560 $7,100,170 $6,762,746 $1 $703,712 $26,292,560 $7,100,170 $6,762,746 $1 $703,712 $26,292,560 State General Funds $178,652 $178,652 $178,652 208.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $20,115 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $80,459 $100,574 $100,574 208.3 Increase funds for performance based salary adjustments. State General Funds $40,229 $0 $0 208.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $78,744 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($39,872) 208.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($2,698) ($2,698) ($2,698) 208.6 Increase funds for general grant-in-aid funding to be distributed based on population, poverty, and the uninsured rate. (G, H, and S:Reduce by $834,335 due to revenue estimate change) State General Funds $0 $0 $0 208.7 Reduce funds to reflect improved contract management. State General Funds ($25,000) $0 208.98 Increase funds to reflect projected receipts. Medical Assistance Program CFDA93.778 ($1) Sales and Services Not Itemized $469,946 FF Medical Assistance Program CFDA93.778 $1,320,956 TOTAL PUBLIC FUNDS $1,790,901 208.100 -Immunization Appropriation (HB 990) The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. FRIDAY, MARCH 28, 2008 2739 TOTAL STATE FUNDS State General 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 CFDA93.991 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $12,022,573 $12,022,573 $14,566,629 $7,100,170 $6,762,746 $1 $703,712 $26,589,202 $11,977,459 $11,977,459 $14,566,629 $7,100,170 $6,762,746 $1 $703,712 $26,544,088 $11,962,587 $11,962,587 $14,566,628 $7,100,170 $6,762,746 $703,712 $469,946 $469,946 $469,946 $1,320,956 $1,320,956 $1,320,956 $28,320,117 Infant and Child Essential Health Treatment Services Continuation Budget 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 State General 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 CFDA93.991 TOTAL PUBLIC FUNDS 209.1 Annualize the cost of the FY08 salary adjustment. $38,961,028 $38,961,028 $27,939,201 $18,046,912 $8,086,561 $1,538,372 $267,356 $66,900,229 $38,961,028 $38,961,028 $27,939,201 $18,046,912 $8,086,561 $1,538,372 $267,356 $66,900,229 $38,961,028 $38,961,028 $27,939,201 $18,046,912 $8,086,561 $1,538,372 $267,356 $66,900,229 State General Funds $606,443 $606,443 $606,443 209.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $68,281 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $273,123 $341,404 $341,404 209.3 Increase funds for performance based salary adjustments. 2740 JOURNAL OF THE SENATE State General Funds $136,561 $0 $0 209.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $267,303 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($135,349) 209.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($2,565) ($2,565) ($2,565) 209.6 Increase funds for grant-in-aid funding to be distributed based on population, poverty, and uninsured rate. (G, H, and S:Reduce by $751,809 due to revenue estimate change) State General Funds $0 $0 $0 209.7 Transfer funds to the Inspections and Environmental Hazard Control program to align the budget with expenditures. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) 209.8 Reduce funds for the elimination of duplicate services for auditory screening. State General Funds ($137,500) ($137,500) ($137,500) 209.9 Utilize existing funds for continuing contract funding for the Division of Public Health, Oral Health section, and for the Fluoridation Monitoring and Surveillance program. (H:YES)(S:YES) State General Funds $0 $0 209.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized $414,030 Medical Assistance Program CFDA93.778 ($1,538,372) FF Medical Assistance Program CFDA93.778 $1,538,372 TOTAL PUBLIC FUNDS $414,030 209.100 -Infant and Child Essential Health Treatment Services Appropriation (HB 990) 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 $38,837,090 $38,768,810 $38,633,461 State General Funds $38,837,090 $38,768,810 $38,633,461 TOTAL FEDERAL FUNDS $27,939,201 $27,939,201 $26,814,859 Federal Funds Not Itemized $18,046,912 $18,046,912 $18,460,942 Maternal & Child Health Services Block Grant CFDA93.994 $8,086,561 $8,086,561 $8,086,561 FRIDAY, MARCH 28, 2008 2741 Medical Assistance Program CFDA93.778 $1,538,372 $1,538,372 Preventive Health & Health Services Block Grant CFDA93.991 $267,356 $267,356 $267,356 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,538,372 Federal Funds Transfers $1,538,372 FF Medical Assistance Program CFDA93.778 $1,538,372 TOTAL PUBLIC FUNDS $66,776,291 $66,708,011 $66,986,692 209.101 Special Project - Infant and Child Essential Health Treatment Services: Increase funds for a new, specially equipped bus to perform sickle cell anemia testing throughout the state. State General Funds $300,000 $0 Infant and Child Health Promotion Continuation Budget The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS State General 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 CFDA93.991 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 210.1 Annualize the cost of the FY08 salary adjustment. $20,972,559 $20,972,559 $270,426,958 $258,207,935 $3,813,329 $6,364,702 $2,040,992 $2,289,216 $1 $1 $2,289,215 $2,289,215 $293,688,733 $20,972,559 $20,972,559 $270,426,958 $258,207,935 $3,813,329 $6,364,702 $2,040,992 $2,289,216 $1 $1 $2,289,215 $2,289,215 $293,688,733 $20,972,559 $20,972,559 $270,426,958 $258,207,935 $3,813,329 $6,364,702 $2,040,992 $2,289,216 $1 $1 $2,289,215 $2,289,215 $293,688,733 State General Funds $2,556,473 $2,556,473 $2,556,473 210.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $287,840 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $1,151,357 $1,439,198 $1,439,198 210.3 Increase funds for performance based salary adjustments. State General Funds $575,679 $0 $0 2742 JOURNAL OF THE SENATE 210.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $1,126,822 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($570,567) 210.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $25,687 $5,343 $875 $31,905 $25,687 $5,343 $875 $31,905 $25,687 $5,343 $875 $31,905 210.6 Increase funds for general local grant-in-aid funding based on population, poverty, and the uninsured rate. (G, H, and S:Reduce by $1,353,662 due to revenue estimate change) State General Funds $0 $0 $0 210.7 Increase funds to reflect newborn screening fee collections. State General Funds $5,600,000 $5,600,000 $5,600,000 210.8 Transfer funds to the Adolescent and Adult Health Promotion program to accurately reflect salary and health benefit increase from FY08. State General Funds ($165,188) ($165,188) ($165,188) 210.9 Reduce one-time funds for YMCA Youth Fit for Life program. State General Funds ($100,000) ($100,000) $0 210.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $2,397,461 Medical Assistance Program CFDA93.778 ($6,365,577) Preventive Health & Health Services Block Grant CFDA93.991 ($1,884,771) Contributions, Donations, and Forfeitures Not Itemized $49,136 Sales and Services Not Itemized ($2,289,215) FF Medical Assistance Program CFDA93.778 $6,365,577 FF National School Lunch Program CFDA10.555 $70,688 TOTAL PUBLIC FUNDS ($1,656,701) 210.100 -Infant and Child Health Promotion Appropriation (HB 990) The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS $30,616,567 $30,328,729 $29,858,162 FRIDAY, MARCH 28, 2008 2743 State General Funds $30,616,567 TOTAL FEDERAL FUNDS $270,433,176 Federal Funds Not Itemized $258,213,278 Maternal & Child Health Services Block Grant CFDA93.994 $3,813,329 Medical Assistance Program CFDA93.778 $6,365,577 Preventive Health & Health Services Block Grant CFDA93.991 $2,040,992 TOTAL AGENCY FUNDS $2,289,216 Contributions, Donations, and Forfeitures $1 Contributions, Donations, and Forfeitures Not Itemized $1 Sales and Services $2,289,215 Sales and Services Not Itemized $2,289,215 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $303,338,959 $30,328,729 $270,433,176 $258,213,278 $3,813,329 $6,365,577 $2,040,992 $2,289,216 $1 $1 $2,289,215 $2,289,215 $303,051,121 $29,858,162 $264,580,289 $260,610,739 $3,813,329 $156,221 $49,137 $49,137 $49,137 $6,436,265 $6,436,265 $6,365,577 $70,688 $300,923,853 Infectious Disease Control Continuation Budget The purpose of this appropriation is to ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 211.1 Annualize the cost of the FY08 salary adjustment. $39,203,771 $39,203,771 $56,770,150 $56,517,550 $83,866 $168,734 $150,000 $150,000 $150,000 $96,123,921 $39,203,771 $39,203,771 $56,770,150 $56,517,550 $83,866 $168,734 $150,000 $150,000 $150,000 $96,123,921 $39,203,771 $39,203,771 $56,770,150 $56,517,550 $83,866 $168,734 $150,000 $150,000 $150,000 $96,123,921 State General Funds $781,039 $781,039 $781,039 211.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $87,939 for a 2% cost of living 2744 JOURNAL OF THE SENATE adjustment due to revenue estimate change) State General Funds $351,756 $439,695 $439,695 211.3 Increase funds for performance based salary adjustments. State General Funds $175,878 $0 $0 211.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $344,260 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($174,316) 211.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $111,054 $111,054 $111,054 211.6 Increase funds for general grant-in-aid funding to be distributed based on population, poverty, and the uninsured rate. (G, H, and S:Reduce by $879,121 due to revenue estimate change) State General Funds $0 $0 $0 211.7 Transfer funds from Departmental Administration to align the budget with the program where laboratory activities occur. State General Funds $787,183 $787,183 $787,183 211.8 Transfer funds from the Adolescent and Adult Health Promotion program to align the budget with the program where laboratory activities occur. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $523,126 $145,397 $668,523 $523,126 $145,397 $668,523 $523,126 $145,397 $668,523 211.9 Transfer local grant-in-aid funds to the Inspections and Environmental Hazard Control program to reflect expenses. State General Funds ($500,000) ($500,000) ($500,000) 211.10 Increase funds for a special salary adjustment for Public Health nurses paid less than 75% of market salary. State General Funds $741,235 $741,235 211.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 FF Medical Assistance Program CFDA93.778 $2,223,238 $400,623 ($314,131) $314,131 FRIDAY, MARCH 28, 2008 2745 TOTAL PUBLIC FUNDS $2,623,861 211.100 -Infectious Disease Control Appropriation (HB 990) The purpose of this appropriation is to ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases. TOTAL STATE FUNDS $41,433,807 $42,087,103 $41,912,787 State General Funds $41,433,807 $42,087,103 $41,912,787 TOTAL FEDERAL FUNDS $56,915,547 $56,915,547 $59,225,277 Federal Funds Not Itemized $56,517,550 $56,517,550 $58,740,788 Maternal & Child Health Services Block Grant CFDA93.994 $83,866 $83,866 $484,489 Medical Assistance Program CFDA93.778 $314,131 $314,131 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 INTRA-STATE GOVERNMENT TRANSFERS $314,131 Federal Funds Transfers $314,131 FF Medical Assistance Program CFDA93.778 $314,131 TOTAL PUBLIC FUNDS $98,499,354 $99,152,650 $101,602,195 Injury Prevention Continuation Budget 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. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Highway Safety Improvement Grants CFDA20.603 FF State and Community Highway Safety CFDA20.600 TOTAL PUBLIC FUNDS $1,217,701 $1,067,701 $150,000 $378,238 $236,808 $29,425 $112,005 $758,553 $758,553 $14,372 $744,181 $2,354,492 $1,217,701 $1,067,701 $150,000 $378,238 $236,808 $29,425 $112,005 $758,553 $758,553 $14,372 $744,181 $2,354,492 $1,217,701 $1,067,701 $150,000 $378,238 $236,808 $29,425 $112,005 $758,553 $758,553 $14,372 $744,181 $2,354,492 2746 JOURNAL OF THE SENATE 212.1 Annualize the cost of the FY08 salary adjustment. State General Funds $29,790 $29,790 $29,790 212.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Medical Assistance Program CFDA93.778 FF Highway Safety Improvement Grants CFDA20.603 FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $873,332 ($29,425) $12,847 $29,425 $886,179 212.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,354 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $13,416 $16,770 $16,770 212.3 Increase funds for performance based salary adjustments. State General Funds $6,708 $0 $0 212.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $13,130 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($6,648) 212.5 Increase funds for general grant-in-aid funding to be distributed based on population, poverty, and the uninsured rate. (G, H,and S:Reduce by $48,359 due to revenue estimate change) State General Funds $0 $0 $0 212.100 -Injury Prevention Appropriation (HB 990) 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. TOTAL STATE FUNDS $1,267,615 $1,264,261 $1,257,613 State General Funds $1,117,615 $1,114,261 $1,107,613 Tobacco Settlement Funds $150,000 $150,000 $150,000 TOTAL FEDERAL FUNDS $378,238 $378,238 $1,222,145 Federal Funds Not Itemized $236,808 $236,808 $1,110,140 Medical Assistance Program CFDA93.778 $29,425 $29,425 Preventive Health & Health Services Block Grant CFDA93.991 $112,005 $112,005 $112,005 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $758,553 $758,553 $800,825 FRIDAY, MARCH 28, 2008 2747 Federal Funds Transfers FF Highway Safety Improvement Grants CFDA20.603 FF Medical Assistance Program CFDA93.778 FF State and Community Highway Safety CFDA20.600 TOTAL PUBLIC FUNDS $758,553 $14,372 $744,181 $2,404,406 $758,553 $14,372 $744,181 $2,401,052 $800,825 $27,219 $29,425 $744,181 $3,280,583 Inspections and Environmental Hazard Control Continuation Budget 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 State General 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 CFDA93.991 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 213.1 Annualize the cost of the FY08 salary adjustment. $15,025,089 $15,025,089 $1,135,859 $531,262 $194,703 $73,122 $336,772 $438,262 $438,262 $438,262 $16,599,210 $15,025,089 $15,025,089 $1,135,859 $531,262 $194,703 $73,122 $336,772 $438,262 $438,262 $438,262 $16,599,210 $15,025,089 $15,025,089 $1,135,859 $531,262 $194,703 $73,122 $336,772 $438,262 $438,262 $438,262 $16,599,210 State General Funds $95,621 $95,621 $95,621 213.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $10,766 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $43,065 $53,831 $53,831 213.3 Increase funds for performance based salary adjustments. State General Funds $21,532 $0 $0 213.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $42,147 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($21,341) 2748 JOURNAL OF THE SENATE 213.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,535) ($1,535) ($1,535) 213.6 Transfer funds from Departmental Administration Office of Information Technology. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $35,043 $3,500 $38,543 $35,043 $3,500 $38,543 $35,043 $3,500 $38,543 213.7 Increase funds for general grant-in-aid to be distributed based on population, poverty and the uninsured rate. (G, H, and S:Reduce by $1,533,110 due to revenue estimate change) State General Funds $0 $0 $0 213.8 Transfer funds from Departmental Administration to fund environmental health directors. State General Funds $1,240,352 $1,240,352 $1,240,352 213.9 Transfer local grant-in-aid funds to the Adolescent and Adult Health Promotion program to reflect expenses. State General Funds $1,000,000 $1,000,000 $1,000,000 213.10 Transfer local grant-in-aid funds to the Infant and Child Essential Health Treatment program to reflect expenses. State General Funds $1,000,000 $1,000,000 $1,000,000 213.11 Transfer local grant-in-aid funds to the Infectious Disease Control program to reflect expenses. State General Funds $500,000 $500,000 $500,000 213.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $208,223 Maternal & Child Health Services Block Grant CFDA93.994 $5,507 Medical Assistance Program CFDA93.778 ($76,622) FF Medical Assistance Program CFDA93.778 $76,622 TOTAL PUBLIC FUNDS $213,730 213.100 -Inspections and Environmental Hazard Control Appropriation (HB 990) 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 $18,959,167 $18,948,401 $18,927,060 State General Funds $18,959,167 $18,948,401 $18,927,060 TOTAL FEDERAL FUNDS $1,139,359 $1,139,359 $1,276,467 Federal Funds Not Itemized $531,262 $531,262 $739,485 FRIDAY, MARCH 28, 2008 2749 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $194,703 $76,622 $336,772 $438,262 $438,262 $438,262 $20,536,788 $194,703 $76,622 $336,772 $438,262 $438,262 $438,262 $20,526,022 $200,210 $336,772 $438,262 $438,262 $438,262 $76,622 $76,622 $76,622 $20,718,411 Out of Home Care Continuation Budget 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. TOTAL STATE FUNDS $113,680,260 $113,680,260 $113,680,260 State General Funds $113,680,260 $113,680,260 $113,680,260 TOTAL FEDERAL FUNDS $80,561,643 $80,561,643 $80,561,643 Federal Funds Not Itemized $4,602,491 $4,602,491 $4,602,491 Foster Care Title IV-E CFDA93.658 $24,169,353 $24,169,353 $24,169,353 Temporary Assistance for Needy Families $51,789,799 $51,789,799 $51,789,799 Temporary Assistance for Needy Families Grant CFDA93.558 $51,789,799 $51,789,799 $51,789,799 TOTAL AGENCY FUNDS $15,372,629 $15,372,629 $15,372,629 Sales and Services $15,372,629 $15,372,629 $15,372,629 Sales and Services Not Itemized $15,372,629 $15,372,629 $15,372,629 TOTAL PUBLIC FUNDS $209,614,532 $209,614,532 $209,614,532 214.1 Transfer funds from the Support for Needy Families - Basic Assistance program to align the budget with expenditures. State General Funds $1,500,000 $1,500,000 $1,500,000 214.2 Transfer funds from the Child Welfare Services program to align the budget with expenditures. State General Funds $1,486,400 $1,486,400 $1,486,400 214.3 Reduce funds to reflect Medicaid Federal Financial Participation (FFP) rate changes. State General Funds ($794,794) ($794,794) ($794,794) 214.4 Transfer funds from the Federal and Unobligated Balances program to align the budget with expenditures. 2750 JOURNAL OF THE SENATE Temporary Assistance for Needy Families Grant CFDA93.558 $39,024,293 $39,024,293 $39,024,293 214.5 Increase funds to reflect anticipated earnings. Foster Care Title IV-E CFDA93.658 $20,667,385 $20,667,385 $20,667,385 214.6 Reduce funds to reflect the discontinuation of the Level of Care program on June 30, 2007. Sales and Services Not Itemized ($15,372,629) ($15,372,629) ($15,372,629) 214.7 Increase funds for Psychological Residential Treatment Facilities (PRTF's) to allow for a rate increase in per diem from $299 to $309 a day. (S:YES; Implement by July 1, 2008 an increase in per diem rates for psychiatric residential treatment centers consistent with other states and sufficient to reimburse all covered medical and behavioral health) State General Funds $810,000 $0 214.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $7,729,509 Sales and Services Not Itemized $78,406,169 TOTAL PUBLIC FUNDS $86,135,678 214.100 -Out of Home Care Appropriation (HB 990) 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. TOTAL STATE FUNDS $115,871,866 $116,681,866 $115,871,866 State General Funds $115,871,866 $116,681,866 $115,871,866 TOTAL FEDERAL FUNDS $140,253,321 $140,253,321 $147,982,830 Federal Funds Not Itemized $4,602,491 $4,602,491 $12,332,000 Foster Care Title IV-E CFDA93.658 $44,836,738 $44,836,738 $44,836,738 Temporary Assistance for Needy Families $90,814,092 $90,814,092 $90,814,092 Temporary Assistance for Needy Families Grant CFDA93.558 $90,814,092 $90,814,092 $90,814,092 TOTAL AGENCY FUNDS $78,406,169 Sales and Services $78,406,169 Sales and Services Not Itemized $78,406,169 TOTAL PUBLIC FUNDS $256,125,187 $256,935,187 $342,260,865 Refugee Assistance Continuation Budget The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees. FRIDAY, MARCH 28, 2008 2751 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS 215.98 Increase funds to reflect projected revenue receipts. $0 $0 $4,734,006 $4,694,006 $35,000 $5,000 $5,000 $4,734,006 $0 $0 $4,734,006 $4,694,006 $35,000 $5,000 $5,000 $4,734,006 $0 $0 $4,734,006 $4,694,006 $35,000 $5,000 $5,000 $4,734,006 Federal Funds Not Itemized $140,810 Medical Assistance Program CFDA93.778 ($35,000) FF Medical Assistance Program CFDA93.778 $35,000 TOTAL PUBLIC FUNDS $140,810 215.100 -Refugee Assistance Appropriation (HB 990) The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees. TOTAL FEDERAL FUNDS $4,734,006 $4,734,006 $4,839,816 Federal Funds Not Itemized $4,694,006 $4,694,006 $4,834,816 Medical Assistance Program CFDA93.778 $35,000 $35,000 Temporary Assistance for Needy Families $5,000 $5,000 $5,000 Temporary Assistance for Needy Families Grant CFDA93.558 $5,000 $5,000 $5,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $35,000 Federal Funds Transfers $35,000 FF Medical Assistance Program CFDA93.778 $35,000 TOTAL PUBLIC FUNDS $4,734,006 $4,734,006 $4,874,816 Substance Abuse Prevention Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized $1,128,009 $1,128,009 $20,528,841 $550,400 $1,128,009 $1,128,009 $20,528,841 $550,400 $1,128,009 $1,128,009 $20,528,841 $550,400 2752 JOURNAL OF THE SENATE Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 216.1 Annualize the cost of the FY08 salary adjustment. $19,978,441 $194,000 $194,000 $194,000 $21,850,850 $19,978,441 $194,000 $194,000 $194,000 $21,850,850 $19,978,441 $194,000 $194,000 $194,000 $21,850,850 State General Funds $82,673 $82,673 $82,673 216.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $9,308 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $37,233 $46,541 $46,541 216.3 Increase funds for performance based salary adjustments. State General Funds $18,616 $0 $0 216.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $36,439 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($18,451) 216.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $2,364,201 TOTAL PUBLIC FUNDS $2,364,201 216.100 -Substance Abuse Prevention Appropriation (HB 990) 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. TOTAL STATE FUNDS $1,266,531 $1,257,223 $1,238,772 State General Funds $1,266,531 $1,257,223 $1,238,772 TOTAL FEDERAL FUNDS $20,528,841 $20,528,841 $22,893,042 Federal Funds Not Itemized $550,400 $550,400 $2,914,601 Prevention & Treatment of Substance Abuse Grant CFDA93.959$19,978,441 $19,978,441 $19,978,441 TOTAL AGENCY FUNDS $194,000 $194,000 $194,000 Sales and Services $194,000 $194,000 $194,000 Sales and Services Not Itemized $194,000 $194,000 $194,000 TOTAL PUBLIC FUNDS $21,989,372 $21,980,064 $24,325,814 FRIDAY, MARCH 28, 2008 2753 Support for Needy Families - Basic Assistance Continuation Budget 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 $10,315,527 $10,315,527 State General Funds $10,315,527 $10,315,527 TOTAL FEDERAL FUNDS $77,652,812 $77,652,812 Temporary Assistance for Needy Families $43,388,953 $43,388,953 Temporary Assistance for Needy Families Grant CFDA93.558 $43,388,953 $43,388,953 TANF Unobligated Balance per 42 USC 604 $34,263,859 $34,263,859 TOTAL PUBLIC FUNDS $87,968,339 $87,968,339 217.1 Transfer funds to the Out-of-Home Care program to align the budget with expenditures. $10,315,527 $10,315,527 $77,652,812 $43,388,953 $43,388,953 $34,263,859 $87,968,339 State General Funds ($1,500,000) ($1,500,000) ($1,500,000) 217.2 Transfer funds to the Food Stamp Eligibility and Benefits program to align the budget with expenditures. State General Funds ($8,715,527) ($8,715,527) ($8,715,527) 217.3 Reduce funds in grants and benefits to reflect a reduction in Temporary Aid for Needy Families caseloads. Temporary Assistance for Needy Families Grant CFDA93.558 ($12,000,000) ($12,000,000) ($12,000,000) 217.98 Increase funds to reflect projected revenue receipts. Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS ($31,388,953) $31,388,953 $0 217.100 -Support for Needy Families - Basic Assistance Appropriation (HB 990) 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 $100,000 State General Funds $100,000 TOTAL FEDERAL FUNDS $65,652,812 Temporary Assistance for Needy Families $31,388,953 Temporary Assistance for Needy Families Grant CFDA93.558 $31,388,953 TANF Unobligated Balance per 42 USC 604 $34,263,859 TOTAL PUBLIC FUNDS $65,752,812 $100,000 $100,000 $65,652,812 $31,388,953 $31,388,953 $34,263,859 $65,752,812 $100,000 $100,000 $65,652,812 $65,652,812 $65,752,812 2754 JOURNAL OF THE SENATE Support for Needy Families - Family Assistance Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS 218.1 Annualize the cost of the FY08 salary adjustment. $19,744,139 $19,744,139 $47,654,536 $17,185,183 $1,643,225 $1,300,000 $27,526,128 $27,526,128 $67,398,675 $19,744,139 $19,744,139 $47,654,536 $17,185,183 $1,643,225 $1,300,000 $27,526,128 $27,526,128 $67,398,675 $19,744,139 $19,744,139 $47,654,536 $17,185,183 $1,643,225 $1,300,000 $27,526,128 $27,526,128 $67,398,675 State General Funds $905,480 $905,480 $905,480 218.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $101,950 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $407,801 $509,751 $509,751 218.3 Increase funds for performance based salary adjustments. State General Funds $203,900 $0 $0 218.4 Increase funds to provide salary adjustments for critical jobs. State General Funds $1,581,570 $1,581,570 $1,581,570 218.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $399,110 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($202,090) 218.6 Reduce one-time funds for Department of Family and Children Services County Office relocations, renovations and expansions. (H:Provide funds for increased rents associated with DFCS offices in the following counties: Oconee County, Walton County, Carroll County, Liberty County and Banks County)(S:Provide funds for increased rents associated with DFCS offices in the following counties: Oconee County, Walton County, Carroll County, Liberty County, Banks County, and Treutlen County) State General Funds ($721,000) $0 $21,600 FRIDAY, MARCH 28, 2008 2755 218.7 Transfer funds to the Child Welfare Services program to align the budget with expenditures. State General Funds ($8,935,293) ($8,935,293) ($8,935,293) 218.8 Transfer funds to Food Stamp Eligibility and Benefits program to align the budget with expenditures. State General Funds ($4,840,719) ($4,840,719) ($4,840,719) 218.9 Transfer funds to the Eligibility Determination program to align the budget with expenditures. State General Funds ($2,319,832) ($2,319,832) ($2,319,832) 218.10 Transfer funds from the Departmental Administration program to align the budget with expenditures. Temporary Assistance for Needy Families Grant CFDA93.558 $2,000,000 $2,000,000 $2,000,000 218.98 Increase funds to reflect projected revenue receipts. Medical Assistance Program CFDA93.778 ($1,300,000) FF Medical Assistance Program CFDA93.778 $1,759,217 TOTAL PUBLIC FUNDS $459,217 218.100 -Support for Needy Families - Family Assistance Appropriation (HB 990) 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. TOTAL STATE FUNDS $6,026,046 $6,645,096 $6,464,606 State General Funds $6,026,046 $6,645,096 $6,464,606 TOTAL FEDERAL FUNDS $49,654,536 $49,654,536 $48,354,536 Community Services Block Grant CFDA93.569 $17,185,183 $17,185,183 $17,185,183 Federal Funds Not Itemized $1,643,225 $1,643,225 $1,643,225 Medical Assistance Program CFDA93.778 $1,300,000 $1,300,000 Temporary Assistance for Needy Families $29,526,128 $29,526,128 $29,526,128 Temporary Assistance for Needy Families Grant CFDA93.558 $29,526,128 $29,526,128 $29,526,128 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,759,217 Federal Funds Transfers $1,759,217 FF Medical Assistance Program CFDA93.778 $1,759,217 TOTAL PUBLIC FUNDS $55,680,582 $56,299,632 $56,578,359 Support for Needy Families - Work Assistance Continuation Budget 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. 2756 JOURNAL OF THE SENATE 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 $43,010,374 $43,010,374 $43,010,374 CCDF Mandatory & Matching Funds CFDA93.596 $6,500 $6,500 $6,500 Federal Funds Not Itemized $2,396,595 $2,396,595 $2,396,595 Medical Assistance Program CFDA93.778 $20,000 $20,000 $20,000 Temporary Assistance for Needy Families $40,587,279 $40,587,279 $40,587,279 Temporary Assistance for Needy Families Grant CFDA93.558 $40,587,279 $40,587,279 $40,587,279 TOTAL PUBLIC FUNDS $69,010,374 $69,010,374 $69,010,374 219.1 Transfer funds to the Child Welfare Services program to align the budget with expenditures. State General Funds ($6,380,234) ($6,380,234) ($6,380,234) 219.2 Transfer funds to the Eligibility Determination program to align the budget with expenditures. State General Funds ($11,924,766) ($11,924,766) ($11,924,766) 219.3 Eliminate the GoodWorks contract with the Department of Labor and use savings to fund the shortfall in Child Care Services. Temporary Assistance for Needy Families Grant CFDA93.558 ($2,913,026) 219.98 Increase funds to reflect projected revenue receipts. Medical Assistance Program CFDA93.778 ($20,000) FF Medical Assistance Program CFDA93.778 $20,000 TOTAL PUBLIC FUNDS $0 219.100 -Support for Needy Families - Work Assistance Appropriation (HB 990) 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. TOTAL STATE FUNDS $7,695,000 $7,695,000 $7,695,000 State General Funds $7,695,000 $7,695,000 $7,695,000 TOTAL FEDERAL FUNDS $43,010,374 $43,010,374 $40,077,348 CCDF Mandatory & Matching Funds CFDA93.596 $6,500 $6,500 $6,500 Federal Funds Not Itemized $2,396,595 $2,396,595 $2,396,595 Medical Assistance Program CFDA93.778 $20,000 $20,000 Temporary Assistance for Needy Families $40,587,279 $40,587,279 $37,674,253 Temporary Assistance for Needy Families Grant CFDA93.558 $40,587,279 $40,587,279 $37,674,253 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $20,000 Federal Funds Transfers $20,000 FRIDAY, MARCH 28, 2008 2757 FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $50,705,374 $50,705,374 $20,000 $47,792,348 Vital Records Continuation Budget The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner, vital records and associated documents. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 220.1 Annualize the cost of the FY08 salary adjustment. $2,830,465 $2,830,465 $500,680 $500,680 $404,000 $404,000 $404,000 $3,735,145 $2,830,465 $2,830,465 $500,680 $500,680 $404,000 $404,000 $404,000 $3,735,145 $2,830,465 $2,830,465 $500,680 $500,680 $404,000 $404,000 $404,000 $3,735,145 State General Funds $138,633 $138,633 $138,633 220.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $15,610 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $62,436 $78,045 $78,045 220.3 Increase funds for performance based salary adjustments. State General Funds $31,218 $0 $0 220.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $61,105 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($30,941) 220.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $748,241 $748,241 $748,241 220.98 Increase funds to reflect projected revenue receipts. Sales and Services Not Itemized ($404,000) 220.100 -Vital Records Appropriation (HB 990) The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner, vital records and 2758 JOURNAL OF THE SENATE associated documents. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,810,993 $3,810,993 $500,680 $500,680 $404,000 $404,000 $404,000 $4,715,673 $3,795,384 $3,795,384 $500,680 $500,680 $404,000 $404,000 $404,000 $4,700,064 $3,764,443 $3,764,443 $500,680 $500,680 $4,265,123 Brain and Spinal Injury Trust Fund Continuation Budget 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 State General Funds Brain and Spinal Injury Trust Fund TOTAL PUBLIC FUNDS 221.1 Increase funds to reflect projected revenue receipts. $3,063,194 $0 $3,063,194 $3,063,194 $3,063,194 $0 $3,063,194 $3,063,194 $3,063,194 $0 $3,063,194 $3,063,194 Federal Funds Not Itemized $100,000 $100,000 $100,000 221.2 Annualize the cost of the FY08 salary adjustment. State General Funds $16,466 221.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. State General Funds $7,351 221.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. State General Funds $0 221.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $487 221.6 Increase funds for operations. State General Funds $31,007 $31,007 221.7 Reduce funds for Brain and Spinal Injury Trust Fund to reflect collections. FRIDAY, MARCH 28, 2008 2759 Brain and Spinal Injury Trust Fund ($1,094,201) ($1,094,201) ($1,094,201) 221.98 Increase funds to reflect projected receipts. Contributions, Donations, and Forfeitures Not Itemized $3,250 221.100 -Brain and Spinal Injury Trust Fund Appropriation (HB 990) 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 $1,968,993 $2,000,000 $2,024,304 State General Funds $31,007 $55,311 Brain and Spinal Injury Trust Fund $1,968,993 $1,968,993 $1,968,993 TOTAL FEDERAL FUNDS $100,000 $100,000 $100,000 Federal Funds Not Itemized $100,000 $100,000 $100,000 TOTAL AGENCY FUNDS $3,250 Contributions, Donations, and Forfeitures $3,250 Contributions, Donations, and Forfeitures Not Itemized $3,250 TOTAL PUBLIC FUNDS $2,068,993 $2,100,000 $2,127,554 Children's Trust Fund Commission Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS 222.1 Annualize the cost of the FY08 salary adjustment. $7,532,772 $7,532,772 $658,079 $408,079 $250,000 $250,000 $84,222 $84,222 $84,222 $8,275,073 $7,532,772 $7,532,772 $658,079 $408,079 $250,000 $250,000 $84,222 $84,222 $84,222 $8,275,073 $7,532,772 $7,532,772 $658,079 $408,079 $250,000 $250,000 $84,222 $84,222 $84,222 $8,275,073 State General Funds $7,909 $7,909 $7,909 222.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $717 for a 2% cost of living 2760 JOURNAL OF THE SENATE adjustment due to revenue estimate change) State General Funds $2,866 $3,583 $3,583 222.3 Increase funds for performance based salary adjustments. State General Funds $1,433 $0 $0 222.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,771 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,403) 222.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($959) ($959) ($959) 222.6 Reduce one-time funds for Children's Advocacy Center of Georgia web-based tracking system added in HB95 (FY08). State General Funds ($250,000) ($250,000) ($250,000) 222.7 Reduce funds from the base budget to reflect the appropriation in line 222.101 for the Sunshine House Children Advocacy Center. State General Funds ($125,000) 222.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized $1,678,402 Contributions, Donations, and Forfeitures Not Itemized $305,470 TOTAL PUBLIC FUNDS $1,983,872 222.100 -Children's Trust Fund Commission Appropriation (HB 990) 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 $7,294,021 $7,293,305 $7,166,902 State General Funds $7,294,021 $7,293,305 $7,166,902 TOTAL FEDERAL FUNDS $658,079 $658,079 $2,336,481 Federal Funds Not Itemized $408,079 $408,079 $2,086,481 Temporary Assistance for Needy Families $250,000 $250,000 $250,000 Temporary Assistance for Needy Families Grant CFDA93.558 $250,000 $250,000 $250,000 TOTAL AGENCY FUNDS $84,222 $84,222 $389,692 Contributions, Donations, and Forfeitures $84,222 $84,222 $389,692 Contributions, Donations, and Forfeitures Not Itemized $84,222 $84,222 $389,692 FRIDAY, MARCH 28, 2008 2761 TOTAL PUBLIC FUNDS $8,036,322 $8,035,606 $9,893,075 222.101 Special Project - Children's Trust Fund Commission: Increase funds for the Sunshine House Children Advocacy Center. State General Funds $125,000 Council on Aging Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 223.1 Annualize the cost of the FY08 salary adjustment. $193,064 $193,064 $193,064 $193,064 $193,064 $193,064 $193,064 $193,064 $193,064 State General Funds $4,097 $4,097 $4,097 223.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $437 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $1,748 $2,185 $2,185 223.3 Increase funds for performance based salary adjustments. State General Funds $874 $0 $0 223.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $1,690 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($856) 223.5 Increase funds for per diem and travel expenses for board members. State General Funds $3,862 $3,862 $3,862 223.6 Increase funds for the preparation of a report for Project 2020. State General Funds $50,000 223.100 -Council on Aging Appropriation (HB 990) 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 $203,645 $203,208 $252,352 State General Funds $203,645 $203,208 $252,352 2762 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $203,645 $203,208 $252,352 Developmental Disabilities, Governor's Council on Continuation Budget The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 224.1 Annualize the cost of the FY08 salary adjustment. $58,083 $58,083 $2,262,002 $2,262,002 $2,320,085 $58,083 $58,083 $2,262,002 $2,262,002 $2,320,085 $58,083 $58,083 $2,262,002 $2,262,002 $2,320,085 State General Funds $6,352 $6,352 $6,352 224.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,131 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $8,524 $10,655 $10,655 224.3 Increase funds for performance based salary adjustments. State General Funds $4,262 $0 $0 224.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $8,242 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($4,173) 224.5 Reduce funds for grant award. Federal Funds Not Itemized ($66,185) ($66,185) ($66,185) 224.100 -Developmental Disabilities, Governor's Council on Appropriation (HB 990) The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $77,221 $75,090 $70,917 State General Funds $77,221 $75,090 $70,917 TOTAL FEDERAL FUNDS $2,195,817 $2,195,817 $2,195,817 Federal Funds Not Itemized $2,195,817 $2,195,817 $2,195,817 TOTAL PUBLIC FUNDS $2,273,038 $2,270,907 $2,266,734 FRIDAY, MARCH 28, 2008 2763 Sexual Offender Review Board Continuation Budget TOTAL STATE FUNDS $336,001 $336,001 $336,001 State General Funds $336,001 $336,001 $336,001 TOTAL PUBLIC FUNDS $336,001 $336,001 $336,001 401.1 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $308 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $1,230 $1,538 $1,538 401.2 Increase funds for performance based salary adjustments. State General Funds $615 $0 $0 401.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $1,189 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($602) 401.4 Increase one-time funds to address current case backlog. [One-Time Change] State General Funds $260,400 $260,400 $300,400 401.5 Increase funds to manage current and projected workload. State General Funds $318,400 401.99 SAC: The purpose of this appropriation is protecting Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending. House: The purpose of this appropriation is protecting Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending. Gov Rev: The purpose of this appropriation is protecting Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending. State General Funds $0 $0 $0 401.100 -Sexual Offender Review Board Appropriation (HB 990) The purpose of this appropriation is protecting Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending. TOTAL STATE FUNDS $598,246 $597,939 $955,737 State General Funds $598,246 $597,939 $955,737 TOTAL PUBLIC FUNDS $598,246 $597,939 $955,737 2764 JOURNAL OF THE SENATE 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. Section 27: Insurance, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total - Continuation $18,864,818 $18,864,818 $18,864,818 $18,864,818 $954,555 $954,555 $954,555 $954,555 $97,232 $97,232 $97,232 $97,232 $19,916,605 $19,916,605 Section Total - Final $19,404,111 $19,343,319 $19,404,111 $19,343,319 $954,555 $954,555 $18,864,818 $18,864,818 $954,555 $954,555 $97,232 $97,232 $19,916,605 $19,230,125 $19,230,125 $954,555 FRIDAY, MARCH 28, 2008 2765 Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $954,555 $97,232 $97,232 $20,455,898 $954,555 $97,232 $97,232 $20,395,106 $954,555 $97,232 $97,232 $20,281,912 Departmental Administration Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 225.1 Annualize the cost of the FY08 salary adjustment. $2,445,169 $2,445,169 $2,445,169 $2,445,169 $2,445,169 $2,445,169 $2,445,169 $2,445,169 $2,445,169 State General Funds $34,245 $34,245 $34,245 225.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $4,966 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $19,865 $24,831 $24,831 225.3 Increase funds for performance based salary adjustments. State General Funds $9,932 $0 $0 225.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $15 $15 $15 225.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $17,952 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($9,090) 225.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($4,902) ($4,902) ($4,902) 225.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $1,181 $779 $0 2766 JOURNAL OF THE SENATE 225.100 -Departmental Administration Appropriation (HB 990) 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 $2,505,505 $2,500,137 $2,490,268 State General Funds $2,505,505 $2,500,137 $2,490,268 TOTAL PUBLIC FUNDS $2,505,505 $2,500,137 $2,490,268 Enforcement Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 226.1 Annualize the cost of the FY08 salary adjustment. $866,292 $866,292 $866,292 $866,292 $866,292 $866,292 $866,292 $866,292 $866,292 State General Funds $11,559 $11,559 $11,559 226.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,304 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $9,214 $11,518 $11,518 226.3 Increase funds for performance based salary adjustments. State General Funds $4,607 $0 $0 226.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $8 $8 $8 226.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $8,327 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($4,216) 226.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,653) ($1,653) ($1,653) 226.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) FRIDAY, MARCH 28, 2008 2767 State General Funds $4,500 $2,968 $0 226.100 -Enforcement Appropriation (HB 990) 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 $894,527 $890,692 $883,508 State General Funds $894,527 $890,692 $883,508 TOTAL PUBLIC FUNDS $894,527 $890,692 $883,508 Fire Safety Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS 227.1 Annualize the cost of the FY08 salary adjustment. $5,525,325 $5,525,325 $954,555 $954,555 $97,232 $97,232 $97,232 $6,577,112 $5,525,325 $5,525,325 $954,555 $954,555 $97,232 $97,232 $97,232 $6,577,112 $5,525,325 $5,525,325 $954,555 $954,555 $97,232 $97,232 $97,232 $6,577,112 State General Funds $89,077 $89,077 $89,077 227.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $14,860 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $59,438 $74,298 $74,298 227.3 Increase funds for performance based salary adjustments. State General Funds $29,719 $0 $0 227.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $50 $50 $50 227.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $53,715 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) 2768 JOURNAL OF THE SENATE State General Funds $0 $0 ($27,199) 227.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($12,362) ($12,362) ($12,362) 227.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $9,028 $5,954 $0 227.100 -Fire Safety Appropriation (HB 990) 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 $5,700,275 $5,682,342 $5,649,189 State General Funds $5,700,275 $5,682,342 $5,649,189 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 State Funds Transfers $97,232 $97,232 $97,232 Agency to Agency Contracts $97,232 $97,232 $97,232 TOTAL PUBLIC FUNDS $6,752,062 $6,734,129 $6,700,976 Industrial Loan Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 228.1 Annualize the cost of the FY08 salary adjustment. $769,025 $769,025 $769,025 $769,025 $769,025 $769,025 $769,025 $769,025 $769,025 State General Funds $10,356 $10,356 $10,356 228.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,351 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,403 $6,754 $6,754 228.3 Increase funds for performance based salary adjustments. FRIDAY, MARCH 28, 2008 2769 State General Funds $2,702 $0 $0 228.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $5 $5 $5 228.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $4,883 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,473) 228.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,480) ($1,480) ($1,480) 228.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $968 $638 $0 228.100 -Industrial Loan Appropriation (HB 990) 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 $786,979 $785,298 $782,187 State General Funds $786,979 $785,298 $782,187 TOTAL PUBLIC FUNDS $786,979 $785,298 $782,187 Insurance Regulation Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 229.1 Annualize the cost of the FY08 salary adjustment. $5,981,530 $5,981,530 $5,981,530 $5,981,530 $5,981,530 $5,981,530 $5,981,530 $5,981,530 $5,981,530 State General Funds $81,627 $81,627 $81,627 229.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $12,230 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $48,922 $61,152 $61,152 2770 JOURNAL OF THE SENATE 229.3 Increase funds for performance based salary adjustments. State General Funds $24,461 $0 $0 229.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $41 $41 $41 229.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $44,210 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($22,386) 229.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($11,705) ($11,705) ($11,705) 229.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $22,034 $14,532 $0 229.100 -Insurance Regulation Appropriation (HB 990) 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 $6,146,910 $6,127,177 $6,090,259 State General Funds $6,146,910 $6,127,177 $6,090,259 TOTAL PUBLIC FUNDS $6,146,910 $6,127,177 $6,090,259 Special Fraud Continuation Budget The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 230.1 Annualize the cost of the FY08 salary adjustment. $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 State General Funds $40,572 $40,572 $40,572 230.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $7,067 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $28,268 $35,335 $35,335 FRIDAY, MARCH 28, 2008 2771 230.3 Increase funds for performance based salary adjustments. State General Funds $14,134 $0 $0 230.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $24 $24 $24 230.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $25,546 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($12,935) 230.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($5,759) ($5,759) ($5,759) 230.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $15,199 $10,024 $0 230.100 -Special Fraud Appropriation (HB 990) The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $3,369,915 $3,357,673 $3,334,714 State General Funds $3,369,915 $3,357,673 $3,334,714 TOTAL PUBLIC FUNDS $3,369,915 $3,357,673 $3,334,714 Section 28: Investigation, Georgia Bureau of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sanctions, Fines, and Penalties TOTAL PUBLIC FUNDS Section Total - Continuation $74,268,077 $74,268,077 $29,883,487 $29,883,487 $4,887,711 $4,565,350 $322,361 $109,039,275 $74,268,077 $74,268,077 $29,883,487 $29,883,487 $4,887,711 $4,565,350 $322,361 $109,039,275 $74,268,077 $74,268,077 $29,883,487 $29,883,487 $4,887,711 $4,565,350 $322,361 $109,039,275 2772 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $75,809,932 $77,562,859 $75,809,932 $77,562,859 $45,055,300 $45,055,300 $45,055,300 $45,055,300 $5,041,444 $5,041,444 $4,719,083 $4,719,083 $322,361 $322,361 $34,279 $34,279 $34,279 $34,279 $125,940,955 $127,693,882 $77,097,989 $77,097,989 $40,844,247 $40,844,247 $16,919,551 $16,019,551 $900,000 $34,279 $34,279 $134,896,066 Bureau Administration Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 231.1 Increase funds to reflect projected revenue receipts. $11,038,239 $11,038,239 $6,812 $6,812 $1,434 $1,434 $1,434 $11,046,485 $11,038,239 $11,038,239 $6,812 $6,812 $1,434 $1,434 $1,434 $11,046,485 $11,038,239 $11,038,239 $6,812 $6,812 $1,434 $1,434 $1,434 $11,046,485 Federal Funds Not Itemized $93,856 $93,856 $93,856 231.2 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $54,447 $54,447 $66,021 231.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $10,060 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $40,242 $50,302 $50,302 231.4 Increase funds for performance based salary adjustments. State General Funds $20,120 $0 $0 FRIDAY, MARCH 28, 2008 2773 231.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $37,986 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($19,234) 231.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,060) ($1,060) ($1,060) 231.7 Reduce one-time funds received for major repairs and renovations to statewide offices. State General Funds ($118,000) ($118,000) ($118,000) 231.8 Reduce one-time funds received for an electrical upgrade at the headquarters facility. State General Funds ($1,050,000) ($1,050,000) ($1,050,000) 231.9 Reduce funds from operations. State General Funds ($52,841) ($52,841) ($52,841) 231.100 -Bureau Administration Appropriation (HB 990) 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 $9,931,147 $9,921,087 $9,913,427 State General Funds $9,931,147 $9,921,087 $9,913,427 TOTAL FEDERAL FUNDS $100,668 $100,668 $100,668 Federal Funds Not Itemized $100,668 $100,668 $100,668 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 $10,033,249 $10,023,189 $10,015,529 Centralized Scientific Services Continuation Budget The purpose of this appropriation is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized $13,821,542 $13,821,542 $3,601 $3,601 $3,601 $13,821,542 $13,821,542 $3,601 $3,601 $3,601 $13,821,542 $13,821,542 $3,601 $3,601 $3,601 2774 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS 232.1 Increase funds to reflect projected revenue receipts. $13,825,143 $13,825,143 $13,825,143 Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,859,298 $152,009 $2,011,307 $1,859,298 $152,009 $2,011,307 $1,859,298 $152,009 $2,011,307 232.2 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $287,501 $287,501 $175,813 232.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $30,057 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $120,228 $150,285 $150,285 232.4 Increase funds for performance based salary adjustments. State General Funds $60,115 $0 $0 232.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $31,277 $31,277 $31,277 232.6 Increase funds to make special adjustments to selected job classes. State General Funds $246,580 $246,580 $246,580 232.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $113,495 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($57,468) 232.8 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($2,634) ($2,634) ($2,634) 232.9 Increase funds for three vacant toxicology scientist positions and two evidence receiving technician positions to ensure the timely release of information concerning cause and manner of death. (G, H, and S:Reduce by $218,314 due to revenue estimate change) Sites: GBI Headquarters and Morgue State General Funds $0 $0 $0 232.10 Transfer funds to the Regional Forensic Services and Regional Investigative Services programs to properly reflect the special adjustments to selected job classes and structure adjustments to the statewide salary plan. FRIDAY, MARCH 28, 2008 2775 State General Funds ($118,277) ($118,277) 232.11 Increase funds to provide a special pay raise effective January 1, 2009 to address retention issues for the following positions: Crime Lab Scientist 3, Assistant Crime Lab Associate, and Crime Lab Associate. State General Funds $177,320 $177,320 232.100 -Centralized Scientific Services Appropriation (HB 990) The purpose of this appropriation is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence. TOTAL STATE FUNDS $14,564,609 $14,593,594 $14,424,438 State General Funds $14,564,609 $14,593,594 $14,424,438 TOTAL FEDERAL FUNDS $1,859,298 $1,859,298 $1,859,298 Federal Funds Not Itemized $1,859,298 $1,859,298 $1,859,298 TOTAL AGENCY FUNDS $155,610 $155,610 $155,610 Sales and Services $155,610 $155,610 $155,610 Sales and Services Not Itemized $155,610 $155,610 $155,610 TOTAL PUBLIC FUNDS $16,579,517 $16,608,502 $16,439,346 Criminal Justice Information Services Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 233.1 Increase funds to reflect projected revenue receipts. $10,458,309 $10,458,309 $2,604 $2,604 $2,604 $10,460,913 $10,458,309 $10,458,309 $2,604 $2,604 $2,604 $10,460,913 $10,458,309 $10,458,309 $2,604 $2,604 $2,604 $10,460,913 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $4,003,184 $4,003,184 $4,003,184 $4,003,184 $4,003,184 $4,003,184 233.2 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $76,333 $76,333 $114,999 233.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $20,051 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $80,205 $100,256 $100,256 2776 JOURNAL OF THE SENATE 233.4 Increase funds for performance based salary adjustments. State General Funds $40,102 $0 $0 233.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $75,712 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($38,337) 233.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,889) ($1,889) ($1,889) 233.7 Increase funds for computer maintenance services and infrastructure costs for the Computerized Criminal History system and the Law Enforcement Message Switch. State General Funds $670,963 $670,963 $670,963 233.8 Reduce one-time funds received to relocate servers and communication equipment at headquarters. State General Funds ($225,131) ($225,131) ($225,131) 233.100 -Criminal Justice Information Services Appropriation (HB 990) 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 $11,098,892 $11,078,841 $11,079,170 State General Funds $11,098,892 $11,078,841 $11,079,170 TOTAL FEDERAL FUNDS $4,003,184 $4,003,184 $4,003,184 Federal Funds Not Itemized $4,003,184 $4,003,184 $4,003,184 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 $15,104,680 $15,084,629 $15,084,958 Georgia Information Sharing and Analysis Center Continuation Budget The purpose of this appropriation 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 24-hour access to needed information. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS $890,529 $890,529 $479 $890,529 $890,529 $479 $890,529 $890,529 $479 FRIDAY, MARCH 28, 2008 2777 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 234.1 Increase funds to reflect projected revenue receipts. $479 $479 $891,008 $479 $479 $891,008 $479 $479 $891,008 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $360,025 $360,025 $360,025 $360,025 $360,025 $360,025 234.2 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $8,208 $8,208 $12,077 234.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,805 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $7,221 $9,026 $9,026 234.4 Increase funds for performance based salary adjustments. State General Funds $3,610 $0 $0 234.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $6,816 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($3,451) 234.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($187) ($187) ($187) 234.7 Increase funds to provide a special pay raise effective January 1, 2009 to address retention issues for the following positions: Special Agent 3, Assistant Special Agent in Charge, and Special Agent in Charge. State General Funds $35,289 $35,289 234.99 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 assist all officials and agencies of the criminal justice system in the fulfillment of their varied responsibilities on a statewide basis by providing 24-hour access to needed information. Gov Rev: 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 $0 2778 JOURNAL OF THE SENATE 234.100 -Georgia Information Sharing and Analysis Center Appropriation (HB 990) 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 $909,381 $942,865 $943,283 State General Funds $909,381 $942,865 $943,283 TOTAL FEDERAL FUNDS $360,025 $360,025 $360,025 Federal Funds Not Itemized $360,025 $360,025 $360,025 TOTAL AGENCY FUNDS $479 $479 $479 Sales and Services $479 $479 $479 Sales and Services Not Itemized $479 $479 $479 TOTAL PUBLIC FUNDS $1,269,885 $1,303,369 $1,303,787 Regional Forensic Services Continuation Budget The purpose of this appropriation is to provide pathology services to determine cause and manner of death. TOTAL STATE FUNDS $8,484,642 $8,484,642 $8,484,642 State General Funds $8,484,642 $8,484,642 $8,484,642 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 $8,486,897 $8,486,897 $8,486,897 235.1 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $97,724 $97,724 $94,584 235.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $17,609 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $70,436 $88,045 $88,045 235.3 Increase funds for performance based salary adjustments. State General Funds $35,218 $0 $0 235.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $66,490 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($33,667) FRIDAY, MARCH 28, 2008 2779 235.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,694) ($1,694) ($1,694) 235.6 Increase funds for a vacant toxicology scientist position at the Summerville lab (Northwest Regional Lab) to reduce the backlog of toxicology cases. State General Funds $50,118 $50,118 $50,118 235.7 Increase funds for the expansion of DNA testing to include felony probationers to assist in solving open unsolved and cold case crimes as prescribed in HB314 (2007 Session). State General Funds $238,366 $238,366 $238,366 235.8 Reduce one-time funds received for major repairs and renovations to statewide regional offices. State General Funds ($129,000) ($129,000) ($129,000) 235.9 Transfer funds from the Centralized Scientific Services program to properly reflect the special adjustments to selected job classes. State General Funds $87,000 $87,000 235.10 Increase funds to provide a special pay raise effective January 1, 2009 to address retention issues for the following positions: Crime Lab Scientist 3, Assistant Crime Lab Associate, and Crime Lab Associate. State General Funds $136,500 $136,500 235.100 -Regional Forensic Services Appropriation (HB 990) The purpose of this appropriation is to provide pathology services to determine cause and manner of death. TOTAL STATE FUNDS $8,845,810 $9,051,701 $9,014,894 State General Funds $8,845,810 $9,051,701 $9,014,894 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 $8,848,065 $9,053,956 $9,017,149 Regional Investigative Services Continuation Budget The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene examinations. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services $25,545,794 $25,545,794 $204,482 $204,482 $25,545,794 $25,545,794 $204,482 $204,482 $25,545,794 $25,545,794 $204,482 $204,482 2780 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS 236.1 Increase funds to reflect projected revenue receipts. $204,482 $25,750,276 $204,482 $25,750,276 $204,482 $25,750,276 Federal Funds Not Itemized Agency to Agency Contracts TOTAL PUBLIC FUNDS $1,435,444 $34,279 $1,469,723 $1,435,444 $34,279 $1,469,723 $1,435,444 $34,279 $1,469,723 236.2 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $399,268 $399,268 $307,256 236.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $49,974 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $199,890 $249,864 $249,864 236.4 Increase funds for performance based salary adjustments. State General Funds $99,946 $0 $0 236.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $188,693 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($95,545) 236.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($4,448) ($4,448) ($4,448) 236.7 Increase funds to provide laptop computers to field agents to reduce agent field travel and increase efficiency and the completion of cases. (G, H, and S:Reduce by $125,000 due to revenue estimate change) State General Funds $0 $0 $0 236.8 Add funds to establish the Identity Theft Unit to investigate identity fraud and other criminal activities associated with incidents of identity fraud. State General Funds $1,067,298 $1,067,298 $1,067,298 236.9 Reduce one-time funds received for major repairs and renovations to statewide regional offices. State General Funds ($236,000) ($236,000) ($236,000) 236.10 Reduce one-time funds received for startup costs associated with the GaSecure ID initiative. State General Funds ($89,262) ($89,262) ($89,262) FRIDAY, MARCH 28, 2008 2781 236.11 Reduce one-time funds received for costs associated with the Meth Task Force initiative. State General Funds ($339,153) ($339,153) ($339,153) 236.12 Reduce one-time funds received for startup costs associated with the Child Safety Initiative (CSI). State General Funds ($302,632) ($302,632) ($302,632) 236.13 Transfer funds to the Special Operations program received for the FY08 statewide budget changes. State General Funds ($50,000) ($50,000) ($50,000) 236.14 Transfer funds from the Centralized Scientific Services to properly reflect the structure adjustments to the statewide salary plan. State General Funds $31,277 $31,277 236.15 Increase funds for gasoline costs. State General Funds $30,000 $0 236.16 Increase funds to provide a special pay raise effective January 1, 2009 to address retention issues for the following positions: Special Agent 3, Assistant Special Agent in Charge, and Special Agent in Charge. State General Funds $1,289,543 $1,289,543 236.100 -Regional Investigative Services Appropriation (HB 990) The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene examinations. TOTAL STATE FUNDS $26,290,701 $27,591,549 $27,373,992 State General Funds $26,290,701 $27,591,549 $27,373,992 TOTAL FEDERAL FUNDS $1,435,444 $1,435,444 $1,435,444 Federal Funds Not Itemized $1,435,444 $1,435,444 $1,435,444 TOTAL AGENCY FUNDS $204,482 $204,482 $204,482 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 $34,279 $34,279 $34,279 State Funds Transfers $34,279 $34,279 $34,279 Agency to Agency Contracts $34,279 $34,279 $34,279 TOTAL PUBLIC FUNDS $27,964,906 $29,265,754 $29,048,197 Special Operations Unit Continuation Budget The purpose of this appropriation is to respond to requests from law enforcement agencies statewide in order to render safe explosive devices of all types, and to assist in the identification, arrest and prosecution of individuals. 2782 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 237.1 Increase funds to reflect projected revenue receipts. $784,154 $784,154 $200 $200 $200 $784,354 $784,154 $784,154 $200 $200 $200 $784,354 $784,154 $784,154 $200 $200 $200 $784,354 Federal Funds Not Itemized $3,023,756 $3,023,756 $3,023,756 237.2 Annualize the cost of the FY08 salary adjustment. State General Funds $19,922 $19,922 $19,922 237.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,484 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,937 $7,421 $7,421 237.4 Increase funds for performance based salary adjustments. State General Funds $2,968 $0 $0 237.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $5,604 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,838) 237.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($34) ($34) ($34) 237.7 Transfer funds from the Regional Investigative Services program received for the FY08 statewide budget changes. State General Funds $50,000 $50,000 $50,000 237.8 Increase funds for gasoline costs. State General Funds $40,000 $0 237.9 Increase funds to provide a special pay raise effective January 1, 2009 to address retention issues for the following positions: Special Agent 3, Assistant Special Agent in Charge, and Special Agent in Charge. State General Funds $34,294 $34,294 237.100 -Special Operations Unit Appropriation (HB 990) The purpose of this appropriation is to respond to requests from law enforcement agencies statewide in order to render safe explosive FRIDAY, MARCH 28, 2008 2783 devices of all types, and to assist in the identification, arrest and prosecution of individuals. TOTAL STATE FUNDS $862,947 $935,757 State General Funds $862,947 $935,757 TOTAL FEDERAL FUNDS $3,023,756 $3,023,756 Federal Funds Not Itemized $3,023,756 $3,023,756 TOTAL AGENCY FUNDS $200 $200 Sales and Services $200 $200 Sales and Services Not Itemized $200 $200 TOTAL PUBLIC FUNDS $3,886,903 $3,959,713 $892,919 $892,919 $3,023,756 $3,023,756 $200 $200 $200 $3,916,875 State Healthcare Fraud Unit Continuation Budget The purpose of this appropriation is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 238.1 Increase funds to reflect projected revenue receipts. $1,169,237 $1,169,237 $387 $387 $387 $1,169,624 $1,169,237 $1,169,237 $387 $387 $387 $1,169,624 $1,169,237 $1,169,237 $387 $387 $387 $1,169,624 Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,396,250 $1,724 $4,397,974 $4,396,250 $1,724 $4,397,974 $4,396,250 $1,724 $4,397,974 238.2 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $5,491 $5,491 $7,609 238.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,291 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,164 $6,455 $6,455 238.4 Increase funds for performance based salary adjustments. State General Funds $2,582 $0 $0 238.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and 2784 JOURNAL OF THE SENATE H:Reduce by $4,875 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,468) 238.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($151) ($151) ($151) 238.7 Increase funds to provide a special pay raise effective January 1, 2009 to address retention issues for the following positions: Special Agent 3, Assistant Special Agent in Charge, and Special Agent in Charge. State General Funds $66,162 $66,162 238.100 -State Healthcare Fraud Unit Appropriation (HB 990) The purpose of this appropriation is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. TOTAL STATE FUNDS $1,182,323 $1,247,194 $1,246,844 State General Funds $1,182,323 $1,247,194 $1,246,844 TOTAL FEDERAL FUNDS $4,396,250 $4,396,250 $4,396,250 Federal Funds Not Itemized $4,396,250 $4,396,250 $4,396,250 TOTAL AGENCY FUNDS $2,111 $2,111 $2,111 Sales and Services $2,111 $2,111 $2,111 Sales and Services Not Itemized $2,111 $2,111 $2,111 TOTAL PUBLIC FUNDS $5,580,684 $5,645,555 $5,645,205 Task Forces Continuation Budget The purpose of this appropriation is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces. TOTAL STATE FUNDS $1,177,570 $1,177,570 $1,177,570 State General Funds $1,177,570 $1,177,570 $1,177,570 TOTAL AGENCY FUNDS $376 $376 $376 Sales and Services $376 $376 $376 Sales and Services Not Itemized $376 $376 $376 TOTAL PUBLIC FUNDS $1,177,946 $1,177,946 $1,177,946 239.1 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $19,639 $19,639 $16,712 239.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,492 for a 2% cost of living FRIDAY, MARCH 28, 2008 2785 adjustment due to revenue estimate change) State General Funds $9,969 $12,460 $12,460 239.3 Increase funds for performance based salary adjustments. State General Funds $4,984 $0 $0 239.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $9,410 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($4,765) 239.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($262) ($262) ($262) 239.6 Increase funds to provide a special pay raise effective January 1, 2009 to address retention issues for the following positions: Assistant Special Agent in Charge. State General Funds $97,337 $97,337 239.100 -Task Forces Appropriation (HB 990) The purpose of this appropriation is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces. TOTAL STATE FUNDS $1,211,900 $1,306,744 $1,299,052 State General Funds $1,211,900 $1,306,744 $1,299,052 TOTAL AGENCY FUNDS $376 $376 $376 Sales and Services $376 $376 $376 Sales and Services Not Itemized $376 $376 $376 TOTAL PUBLIC FUNDS $1,212,276 $1,307,120 $1,299,428 Criminal Justice Coordinating Council Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS $898,061 $898,061 $29,876,675 $29,876,675 $4,671,893 $898,061 $898,061 $29,876,675 $29,876,675 $4,671,893 $898,061 $898,061 $29,876,675 $29,876,675 $4,671,893 2786 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS 240.1 Annualize the cost of the FY08 salary adjustment. $4,349,532 $4,349,532 $322,361 $322,361 $35,446,629 $4,349,532 $4,349,532 $322,361 $322,361 $35,446,629 $4,349,532 $4,349,532 $322,361 $322,361 $35,446,629 State General Funds $7,145 $7,145 $7,145 240.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $734 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $2,936 $3,670 $3,670 240.3 Increase funds for performance based salary adjustments. State General Funds $1,468 $0 $0 240.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $114 $114 $114 240.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,997 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,518) 240.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,498 $2,498 $2,498 240.7 Reduce funds from operating expenses. State General Funds ($17,961) $0 240.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized ($4,211,053) Sales and Services Not Itemized $11,300,468 Sanctions, Fines, and Penalties Not Itemized $577,639 TOTAL PUBLIC FUNDS $7,667,054 240.100 -Criminal Justice Coordinating Council Appropriation (HB 990) 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. FRIDAY, MARCH 28, 2008 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS Section 29: Juvenile Justice, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS 2787 $912,222 $912,222 $29,876,675 $29,876,675 $4,671,893 $4,349,532 $4,349,532 $322,361 $322,361 $35,460,790 $893,527 $893,527 $29,876,675 $29,876,675 $4,671,893 $4,349,532 $4,349,532 $322,361 $322,361 $35,442,095 $909,970 $909,970 $25,665,622 $25,665,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $43,125,592 Section Total - Continuation $321,988,293 $321,988,293 $2,644,894 $2,644,894 $127,629 $127,629 $18,507,536 $18,507,536 $343,268,352 $321,988,293 $321,988,293 $2,644,894 $2,644,894 $127,629 $127,629 $18,507,536 $18,507,536 $343,268,352 $321,988,293 $321,988,293 $2,644,894 $2,644,894 $127,629 $127,629 $18,507,536 $18,507,536 $343,268,352 Section Total - Final $342,044,665 $344,580,717 $342,044,665 $344,580,717 $2,741,894 $2,741,894 $2,741,894 $2,741,894 $127,629 $127,629 $127,629 $127,629 $13,508,445 $13,507,536 $13,508,445 $13,507,536 $358,422,633 $360,957,776 $345,010,352 $345,010,352 $6,101,650 $6,101,650 $127,629 $127,629 $13,498,528 $13,498,528 $364,738,159 2788 JOURNAL OF THE SENATE Community Non-Secure Commitment Continuation Budget 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 youth and non-secure, community-based placements and/or services for lower-risk youth. TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS 241.1 Annualize the cost of the FY08 salary adjustment. $46,669,391 $46,669,391 $10,002,619 $10,002,619 $946,237 $9,056,382 $56,672,010 $46,669,391 $46,669,391 $10,002,619 $10,002,619 $946,237 $9,056,382 $56,672,010 $46,669,391 $46,669,391 $10,002,619 $10,002,619 $946,237 $9,056,382 $56,672,010 State General Funds $27,131 $27,131 $27,131 241.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $5,874 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $23,496 $29,370 $29,370 241.3 Increase funds for performance based salary adjustments. (S:Utilize funds to address recruitment, retention, and compression issues) State General Funds $13,536 $0 $13,536 241.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce State General Funds by $16,863 and Total Funds by $17,032, due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 $0 ($8,539) $0 $0 ($86) $0 $0 ($8,625) 241.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $7,489 $7,489 $7,489 241.6 Increase funds to provide a 3% Consumer Price Index (CPI) increase for contractors who provide residential services to adjudicated youth and manage contractual costs to develop community and secure facility-based placement services. (H and S:Provide a 2.5% CPI) State General Funds $566,055 $545,326 $545,326 FRIDAY, MARCH 28, 2008 2789 241.7 Transfer funds to the Secure Commitment and Secure Detention programs to provide adequate secure facility capacity. State General Funds ($2,468,413) ($2,468,413) ($2,468,413) 241.8 Increase funds to fully operate the Institutional Foster Care system as required by revised federal administrative rules and to meet projected expenses. State General Funds $5,266,580 $5,266,580 $5,266,580 241.9 Reduce funds due to the revisions to the administrative rules related to the Institutional Foster Care. FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($242,544) ($4,757,456) ($5,000,000) ($242,544) ($4,757,456) ($5,000,000) ($242,544) ($4,757,456) ($5,000,000) 241.10 Eliminate the Short Term Placement program by closing the McIntosh Youth Development Campus (YDC), discontinuing two wilderness programs, and repurposing the Savannah River Challenge YDC from short term to long term placement beds for committed youth to provide for better outcomes related to youth recidivism and redirect associated funding to communitybased supervisory staff with sixty-seven additional juvenile probation and parole specialists (JPPS) and infrastructure investments. (G:YES)(S:NO) State General Funds $0 $0 $0 241.99 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 or services for committed youth. House: 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 youth and non-secure, community-based placements and/or services for lower-risk youth. Gov Rev: 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 or services for committed youth. State General Funds $0 $0 $0 241.100 -Community Non-Secure Commitment Appropriation (HB 990) 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 or services for committed youth. TOTAL STATE FUNDS $50,105,265 $50,076,874 $50,081,871 State General Funds $50,105,265 $50,076,874 $50,081,871 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,002,619 $5,002,619 $5,002,533 Federal Funds Transfers $5,002,619 $5,002,619 $5,002,533 2790 JOURNAL OF THE SENATE FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $703,693 $4,298,926 $55,107,884 $703,693 $4,298,926 $55,079,493 $703,693 $4,298,840 $55,084,404 Community Supervision Continuation Budget 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 State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS 242.1 Annualize the cost of the FY08 salary adjustment. $50,528,647 $50,528,647 $4,298,927 $4,298,927 $4,298,927 $54,827,574 $50,528,647 $50,528,647 $4,298,927 $4,298,927 $4,298,927 $54,827,574 $50,528,647 $50,528,647 $4,298,927 $4,298,927 $4,298,927 $54,827,574 State General Funds $667,320 $667,320 $667,320 242.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $92,194 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $368,776 $460,970 $460,970 242.3 Increase funds for performance based salary adjustments. (S:Utilize funds to address recruitment, retention, and compression issues) State General Funds $184,388 $0 $184,388 242.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $13,171 $13,171 $13,171 242.5 Increase funds to provide salary adjustments for critical jobs. State General Funds $247,270 $247,270 $247,270 242.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce State General Funds by $355,984 and Total Funds by $359,580, due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 $0 ($180,253) $0 $0 ($1,821) $0 $0 ($182,074) FRIDAY, MARCH 28, 2008 2791 242.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $158,130 $158,130 $158,130 242.8 Increase funds for sixty-seven additional juvenile probation and parole specialists (JPPS) to supervise and provide rehabilitative services to youth placed in community settings rather than secure facilities. State General Funds $3,199,738 $3,199,738 $3,199,738 242.100 -Community Supervision Appropriation (HB 990) 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 $55,367,440 $55,275,246 $55,279,381 State General Funds $55,367,440 $55,275,246 $55,279,381 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,298,927 $4,298,927 $4,297,106 Federal Funds Transfers $4,298,927 $4,298,927 $4,297,106 FF Medical Assistance Program CFDA93.778 $4,298,927 $4,298,927 $4,297,106 TOTAL PUBLIC FUNDS $59,666,367 $59,574,173 $59,576,487 Departmental Administration Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS 243.1 Annualize the cost of the FY08 salary adjustment. $28,050,733 $28,050,733 $25,060 $25,060 $25,060 $177,621 $177,621 $177,621 $28,253,414 $28,050,733 $28,050,733 $25,060 $25,060 $25,060 $177,621 $177,621 $177,621 $28,253,414 $28,050,733 $28,050,733 $25,060 $25,060 $25,060 $177,621 $177,621 $177,621 $28,253,414 State General Funds $210,191 $210,191 $210,191 243.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce State General Funds by $40,046, and Total Funds by $40,273, for a 2% cost of living adjustment due to revenue estimate change) State General Funds $160,183 $200,229 $200,229 2792 JOURNAL OF THE SENATE FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $909 $161,092 $0 $200,229 $0 $200,229 243.3 Increase funds for performance based salary adjustments. (S:Utilize funds to address recruitment, retention, and compression issues) State General Funds $80,092 $0 $80,092 243.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $5,721 $5,721 $5,721 243.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $112,416 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($56,922) 243.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $49,936 $49,936 $49,936 243.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized TOTAL PUBLIC FUNDS $339,000 $339,000 243.100 -Departmental Administration Appropriation (HB 990) 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 $28,556,856 $28,516,810 $28,539,980 State General Funds $28,556,856 $28,516,810 $28,539,980 TOTAL FEDERAL FUNDS $339,000 Federal Funds Not Itemized $339,000 TOTAL AGENCY FUNDS $25,060 $25,060 $25,060 Sales and Services $25,060 $25,060 $25,060 Sales and Services Not Itemized $25,060 $25,060 $25,060 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $178,530 $177,621 $177,621 Federal Funds Transfers $178,530 $177,621 $177,621 FF National School Lunch Program CFDA10.555 $178,530 $177,621 $177,621 TOTAL PUBLIC FUNDS $28,760,446 $28,719,491 $29,081,661 FRIDAY, MARCH 28, 2008 2793 Secure Commitment (YDCs) Continuation Budget The purpose of this appropriation is to protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS 244.1 Annualize the cost of the FY08 salary adjustment. $93,969,041 $93,969,041 $892,894 $892,894 $27,991 $27,991 $27,991 $2,072,851 $2,072,851 $2,072,851 $96,962,777 $93,969,041 $93,969,041 $892,894 $892,894 $27,991 $27,991 $27,991 $2,072,851 $2,072,851 $2,072,851 $96,962,777 $93,969,041 $93,969,041 $892,894 $892,894 $27,991 $27,991 $27,991 $2,072,851 $2,072,851 $2,072,851 $96,962,777 State General Funds $1,182,965 $1,182,965 $1,182,965 244.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $163,992 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $655,970 $819,962 $819,962 244.3 Increase funds for performance based salary adjustments. (S:Utilize funds to address recruitment, retention, and compression issues) State General Funds $327,985 $0 $327,985 244.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $23,427 $23,427 $23,427 244.5 Increase funds to provide salary adjustments for critical jobs. State General Funds $439,995 $439,995 $439,995 244.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce State General Funds by $633,277 and Total Funds by $639,674, due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds FF National School Lunch Program CFDA10.555 $0 $0 ($320,660) $0 $0 ($3,239) 2794 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $0 $0 ($323,899) 244.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $281,305 $281,305 $281,305 244.8 Transfer funds from the Community Non-Secure Commitment program to provide adequate secure facility capacity. State General Funds $1,068,413 $1,068,413 $1,068,413 244.9 Eliminate the Short Term Placement program by closing the McIntosh Youth Development Campus (YDC), discontinuing two wilderness programs, and repurposing the Savannah River Challenge YDC from short term to long term placement beds for committed youth to provide for better outcomes related to youth recidivism and redirect associated funding to communitybased supervisory staff with sixty-seven additional juvenile probation and parole specialists (JPPS) and infrastructure investments. (G:YES)(S:NO) State General Funds $0 $0 $0 244.10 Increase funds to provide a 2.5% Consumer Price Index (CPI) increase for contractors who provide residential services to adjudicated youth and manage contractual costs to develop community and secure facility-based placement services. State General Funds $761,728 $761,728 244.11 Increase funds to provide a special pay raise effective January 1, 2009 to address recruitment and retention issues for the following positions: Juvenile Correctional Officer 1. State General Funds $829,394 $0 244.100 -Secure Commitment (YDCs) Appropriation (HB 990) The purpose of this appropriation is to protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth. TOTAL STATE FUNDS $97,949,101 $99,376,230 $98,554,161 State General Funds $97,949,101 $99,376,230 $98,554,161 TOTAL FEDERAL FUNDS $892,894 $892,894 $892,894 Federal Funds Not Itemized $892,894 $892,894 $892,894 TOTAL AGENCY FUNDS $27,991 $27,991 $27,991 Sales and Services $27,991 $27,991 $27,991 Sales and Services Not Itemized $27,991 $27,991 $27,991 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,072,851 $2,072,851 $2,069,612 Federal Funds Transfers $2,072,851 $2,072,851 $2,069,612 FF National School Lunch Program CFDA10.555 $2,072,851 $2,072,851 $2,069,612 TOTAL PUBLIC FUNDS $100,942,837 $102,369,966 $101,544,658 FRIDAY, MARCH 28, 2008 2795 Secure Detention (RYDCs) Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS 245.1 Annualize the cost of the FY08 salary adjustment. $101,362,633 $101,362,633 $74,578 $74,578 $74,578 $1,955,518 $1,955,518 $1,955,518 $103,392,729 $101,362,633 $101,362,633 $74,578 $74,578 $74,578 $1,955,518 $1,955,518 $1,955,518 $103,392,729 $101,362,633 $101,362,633 $74,578 $74,578 $74,578 $1,955,518 $1,955,518 $1,955,518 $103,392,729 State General Funds $1,410,055 $1,410,055 $1,410,055 245.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $196,391 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $785,564 $981,955 $981,955 245.3 Increase funds for performance based salary adjustments. (S:Utilize funds to address recruitment, retention, and compression issues) State General Funds $390,994 $0 $390,994 245.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $23,457 $23,457 $23,457 245.5 Increase funds to provide salary adjustments for critical jobs. State General Funds $524,842 $524,842 $524,842 245.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce State General Funds by $755,061 and Total Funds by $762,688, due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $0 $0 ($382,326) $0 $0 ($3,862) $0 $0 ($386,188) 245.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. 2796 JOURNAL OF THE SENATE State General Funds $335,402 $335,402 $335,402 245.8 Transfer funds from the Community Non-Secure Commitment program to provide adequate secure facility capacity. State General Funds $1,400,000 $1,400,000 $1,400,000 245.9 Increase funds for a 3% Consumer Price Index (CPI) increase for contractors who provide residential services to adjudicated youth and manage contractual costs to develop community and secure facility based placement services. (H and S:Provide a 2.5% CPI) State General Funds $2,645,554 $3,324,168 $3,324,168 245.10 Transfer funds to the Children and Youth Coordinating Council (CYCC) program for the FY08 statewide budget changes. State General Funds ($13,100) ($13,100) ($13,100) 245.11 Increase funds to provide a special pay raise effective January 1, 2009 to address recruitment and retention issues for the following positions: Juvenile Correctional Officer 1. State General Funds $786,793 $0 245.100 -Secure Detention (RYDCs) Appropriation (HB 990) 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 $108,865,401 $110,136,205 $109,358,080 State General Funds $108,865,401 $110,136,205 $109,358,080 TOTAL AGENCY FUNDS $74,578 $74,578 $74,578 Sales and Services $74,578 $74,578 $74,578 Sales and Services Not Itemized $74,578 $74,578 $74,578 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,955,518 $1,955,518 $1,951,656 Federal Funds Transfers $1,955,518 $1,955,518 $1,951,656 FF National School Lunch Program CFDA10.555 $1,955,518 $1,955,518 $1,951,656 TOTAL PUBLIC FUNDS $110,895,497 $112,166,301 $111,384,314 Children and Youth Coordinating Council Continuation Budget The purpose of this appropriation is to assist local communities in preventing and reducing juvenile delinquency. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized $1,407,848 $1,407,848 $1,752,000 $1,752,000 $1,407,848 $1,407,848 $1,752,000 $1,752,000 $1,407,848 $1,407,848 $1,752,000 $1,752,000 FRIDAY, MARCH 28, 2008 2797 TOTAL PUBLIC FUNDS 246.1 Annualize the cost of the FY08 salary adjustment. $3,159,848 $3,159,848 $3,159,848 State General Funds $7,662 $7,662 $7,662 246.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,250 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,000 $6,250 $6,250 246.3 Increase funds for performance based salary adjustments. State General Funds $2,500 $0 $0 246.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $4,884 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,473) 246.5 Increase funds for a system of care pilot project to coordinate delivery of community based services for children with severe emotional disorders. (G and H:Reduce by $2,000,000 due to revenue estimate change) State General Funds $0 $0 $2,000,000 246.6 Reduce funds and six positions to realize efficiencies gained through the consolidation with the Children's Trust Fund to create the Office of Children and Families. State General Funds ($182,054) ($182,054) ($182,054) 246.7 Transfer funds to the Office of Planning and Budget (OPB) for administrative support for the Office of Children and Families. State General Funds ($53,454) ($53,454) ($53,454) 246.8 Transfer funds from the Secure Detention program for the FY08 statewide budget changes. State General Funds $13,100 $13,100 $13,100 246.9 Increase funds to reflect a FY07 grant. Federal Funds Not Itemized $97,000 $97,000 $97,000 246.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $3,020,756 TOTAL PUBLIC FUNDS $3,020,756 246.100 -Children and Youth Coordinating Council Appropriation (HB 990) The purpose of this appropriation is to assist local communities in preventing and reducing juvenile delinquency. 2798 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,200,602 $1,200,602 $1,849,000 $1,849,000 $3,049,602 $1,199,352 $1,199,352 $1,849,000 $1,849,000 $3,048,352 $3,196,879 $3,196,879 $4,869,756 $4,869,756 $8,066,635 Section 30: Labor, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $55,209,022 $55,209,022 $55,209,022 $55,209,022 $260,232,588 $260,232,588 $260,232,588 $260,232,588 $31,293,878 $31,293,878 $500,000 $500,000 $30,793,878 $30,793,878 $6,904,800 $6,904,800 $6,904,800 $6,904,800 $353,640,288 $353,640,288 Section Total - Final $56,030,089 $55,448,817 $56,030,089 $55,448,817 $322,821,051 $322,821,051 $322,821,051 $322,821,051 $31,293,878 $31,293,878 $500,000 $500,000 $30,793,878 $30,793,878 $11,747,316 $11,747,316 $4,332,516 $4,332,516 $7,414,800 $7,414,800 $421,892,334 $421,311,062 $55,209,022 $55,209,022 $260,232,588 $260,232,588 $31,293,878 $500,000 $30,793,878 $6,904,800 $6,904,800 $353,640,288 $56,178,856 $56,178,856 $340,597,992 $340,597,992 $31,773,391 $979,513 $30,793,878 $4,337,316 $4,332,516 $4,800 $432,887,555 Business Enterprise Program Continuation Budget The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. FRIDAY, MARCH 28, 2008 2799 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $441,519 $441,519 $1,316,085 $1,316,085 $1,757,604 $441,519 $441,519 $1,316,085 $1,316,085 $1,757,604 $441,519 $441,519 $1,316,085 $1,316,085 $1,757,604 247.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $650,000 $650,000 $650,000 247.2 Annualize the cost of the FY08 salary adjustment. State General Funds $3,517 $3,517 $3,517 247.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $502 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $2,007 $2,509 $2,509 247.4 Increase funds for performance based salary adjustments. State General Funds $1,004 $0 $0 247.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $289 $289 $289 247.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $1,853 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($938) 247.7 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($2,788) ($2,788) ($2,788) 247.100 -Business Enterprise Program Appropriation (HB 990) The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $445,548 $445,046 $444,108 State General Funds $445,548 $445,046 $444,108 TOTAL FEDERAL FUNDS $1,966,085 $1,966,085 $1,966,085 Federal Funds Not Itemized $1,966,085 $1,966,085 $1,966,085 TOTAL PUBLIC FUNDS $2,411,633 $2,411,131 $2,410,193 2800 JOURNAL OF THE SENATE Department of Labor Administration Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 248.1 Increase funds to reflect projected receipts. $3,480,593 $3,480,593 $10,607,019 $10,607,019 $14,087,612 $3,480,593 $3,480,593 $10,607,019 $10,607,019 $14,087,612 $3,480,593 $3,480,593 $10,607,019 $10,607,019 $14,087,612 Federal Funds Not Itemized FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS $24,306,917 $510,000 $24,816,917 $24,306,917 $510,000 $24,816,917 $24,306,917 $510,000 $24,816,917 248.2 Annualize the cost of the FY08 salary adjustment. State General Funds $42,337 $42,337 $42,337 248.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $6,366 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $25,462 $31,827 $31,827 248.4 Increase funds for performance based salary adjustments. State General Funds $12,731 $0 $0 248.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $3,661 $3,661 $3,661 248.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $23,512 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($11,905) 248.7 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($34,883) ($34,883) ($34,883) 248.8 Reduce funds for operations. State General Funds ($88,994) ($88,994) 248.9 Eliminate the GoodWorks contract and transfer the savings to fund childcare activities in the Department of Human FRIDAY, MARCH 28, 2008 2801 Resources. FF Temporary Assistance for Needy Families CFDA93.558 248.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS ($1,020,000) $2,500,000 $510,000 $3,010,000 248.100 -Department of Labor Administration Appropriation (HB 990) 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 $3,529,901 $3,434,541 $3,422,636 State General Funds $3,529,901 $3,434,541 $3,422,636 TOTAL FEDERAL FUNDS $34,913,936 $34,913,936 $37,413,936 Federal Funds Not Itemized $34,913,936 $34,913,936 $37,413,936 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $510,000 $510,000 Federal Funds Transfers $510,000 $510,000 FF Temporary Assistance for Needy Families CFDA93.558 $510,000 $510,000 TOTAL PUBLIC FUNDS $38,953,837 $38,858,477 $40,836,572 Disability Adjudication Section Continuation Budget The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. TOTAL STATE FUNDS TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $0 $55,598,820 $55,598,820 $55,598,820 $0 $55,598,820 $55,598,820 $55,598,820 $0 $55,598,820 $55,598,820 $55,598,820 249.100 -Disability Adjudication Section Appropriation (HB 990) 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 2802 JOURNAL OF THE SENATE Division of Rehabilitation Administration Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 250.1 Increase funds to reflect projected revenue receipts. $2,296,252 $2,296,252 $1,383,518 $1,383,518 $3,679,770 $2,296,252 $2,296,252 $1,383,518 $1,383,518 $3,679,770 $2,296,252 $2,296,252 $1,383,518 $1,383,518 $3,679,770 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $530,000 $530,000 $530,000 $530,000 $530,000 $530,000 250.2 Annualize the cost of the FY08 salary adjustment. State General Funds $17,267 $17,267 $17,267 250.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,489 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $9,954 $12,443 $12,443 250.4 Increase funds for performance based salary adjustments. State General Funds $4,977 $0 $0 250.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $1,431 $1,431 $1,431 250.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $9,191 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($4,654) 250.7 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($12,840) ($12,840) ($12,840) 250.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $1,000,000 250.100 -Division of Rehabilitation Administration Appropriation (HB 990) The purpose of this appropriation is to help people with disabilities to become fully productive members of society by achieving FRIDAY, MARCH 28, 2008 2803 independence and meaningful employment. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,317,041 $2,317,041 $1,913,518 $1,913,518 $4,230,559 $2,314,553 $2,314,553 $1,913,518 $1,913,518 $4,228,071 $2,309,899 $2,309,899 $2,913,518 $2,913,518 $5,223,417 Georgia Industries for the Blind Continuation Budget The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 251.1 Annualize the cost of the FY08 salary adjustment. $559,846 $559,846 $11,599,375 $500,000 $500,000 $11,099,375 $11,099,375 $12,159,221 $559,846 $559,846 $11,599,375 $500,000 $500,000 $11,099,375 $11,099,375 $12,159,221 $559,846 $559,846 $11,599,375 $500,000 $500,000 $11,099,375 $11,099,375 $12,159,221 State General Funds $86,848 $86,848 $86,848 251.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $12,917 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $51,666 $64,583 $64,583 251.3 Increase funds for performance based salary adjustments. State General Funds $25,833 $0 $0 251.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $7,428 $7,428 $7,428 251.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $47,707 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($24,156) 2804 JOURNAL OF THE SENATE 251.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($12,123) ($12,123) ($12,123) 251.7 Replace funds. State General Funds ($479,513) Reserved Fund Balances Not Itemized $479,513 TOTAL PUBLIC FUNDS $0 251.100 -Georgia Industries for the Blind Appropriation (HB 990) The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. TOTAL STATE FUNDS $719,498 $706,582 $202,913 State General Funds $719,498 $706,582 $202,913 TOTAL AGENCY FUNDS $11,599,375 $11,599,375 $12,078,888 Reserved Fund Balances $500,000 $500,000 $979,513 Reserved Fund Balances Not Itemized $500,000 $500,000 $979,513 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 $12,318,873 $12,305,957 $12,281,801 Labor Market Information Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 252.1 Annualize the cost of the FY08 salary adjustment. $743,946 $743,946 $2,249,873 $2,249,873 $2,993,819 $743,946 $743,946 $2,249,873 $2,249,873 $2,993,819 $743,946 $743,946 $2,249,873 $2,249,873 $2,993,819 State General Funds $10,616 $10,616 $10,616 252.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,608 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $6,430 $8,038 $8,038 252.3 Increase funds for performance based salary adjustments. FRIDAY, MARCH 28, 2008 2805 State General Funds $3,215 $0 $0 252.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $924 $924 $924 252.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $5,938 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($3,007) 252.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($7,366) ($7,366) ($7,366) 252.100 -Labor Market Information Appropriation (HB 990) 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 $757,765 $756,158 $753,151 State General Funds $757,765 $756,158 $753,151 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 $3,007,638 $3,006,031 $3,003,024 Roosevelt Warm Springs Institute Continuation Budget The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS 253.1 Increase funds to reflect projected revenue receipts. $7,183,148 $7,183,148 $6,447,042 $6,447,042 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $32,523,277 $7,183,148 $7,183,148 $6,447,042 $6,447,042 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $32,523,277 $7,183,148 $7,183,148 $6,447,042 $6,447,042 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $32,523,277 Federal Funds Not Itemized $542,247 $542,247 $542,247 2806 JOURNAL OF THE SENATE 253.2 Annualize the cost of the FY08 salary adjustment. State General Funds $72,204 $72,204 $72,204 253.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $10,257 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $41,028 $51,285 $51,285 253.4 Increase funds for performance based salary adjustments. State General Funds $20,514 $0 $0 253.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $5,898 $5,898 $5,898 253.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $37,884 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($19,183) 253.7 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($57,618) ($57,618) ($57,618) 253.100 -Roosevelt Warm Springs Institute Appropriation (HB 990) The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $7,265,174 $7,254,917 $7,235,734 State General Funds $7,265,174 $7,254,917 $7,235,734 TOTAL FEDERAL FUNDS $6,989,289 $6,989,289 $6,989,289 Federal Funds Not Itemized $6,989,289 $6,989,289 $6,989,289 TOTAL AGENCY FUNDS $18,888,287 $18,888,287 $18,888,287 Sales and Services $18,888,287 $18,888,287 $18,888,287 Sales and Services Not Itemized $18,888,287 $18,888,287 $18,888,287 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,800 $4,800 $4,800 Federal Funds Transfers $4,800 $4,800 $4,800 FF National School Lunch Program CFDA10.555 $4,800 $4,800 $4,800 TOTAL PUBLIC FUNDS $33,147,550 $33,137,293 $33,118,110 253.101 Special Project - Roosevelt Warm Springs Institute: Increase funds for Blaze Sports America, Inc. State General Funds $104,000 $0 FRIDAY, MARCH 28, 2008 2807 Safety Inspections Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 254.1 Annualize the cost of the FY08 salary adjustment. $2,933,532 $2,933,532 $168,552 $168,552 $3,102,084 $2,933,532 $2,933,532 $168,552 $168,552 $3,102,084 $2,933,532 $2,933,532 $168,552 $168,552 $3,102,084 State General Funds $36,069 $36,069 $36,069 254.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $5,419 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $21,677 $27,096 $27,096 254.3 Increase funds for performance based salary adjustments. State General Funds $10,838 $0 $0 254.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $3,116 $3,116 $3,116 254.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $20,015 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($10,135) 254.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($33,243) ($33,243) ($33,243) 254.7 Increase funds for six safety inspector positions and one clerical position. State General Funds $504,912 $0 $504,912 254.100 -Safety Inspections Appropriation (HB 990) 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 $3,476,901 $2,966,570 $3,461,347 2808 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $3,476,901 $168,552 $168,552 $3,645,453 $2,966,570 $168,552 $168,552 $3,135,122 $3,461,347 $168,552 $168,552 $3,629,899 Unemployment Insurance Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 255.1 Increase funds to reflect projected revenue receipts. $11,111,470 $11,111,470 $36,580,349 $36,580,349 $47,691,819 $11,111,470 $11,111,470 $36,580,349 $36,580,349 $47,691,819 $11,111,470 $11,111,470 $36,580,349 $36,580,349 $47,691,819 Federal Funds Not Itemized $12,592,837 $12,592,837 $12,592,837 255.2 Annualize the cost of the FY08 salary adjustment. State General Funds $148,881 $148,881 $148,881 255.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $20,147 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $80,589 $100,736 $100,736 255.4 Increase funds for performance based salary adjustments. State General Funds $40,295 $0 $0 255.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $11,586 $11,586 $11,586 255.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $74,413 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($37,679) 255.7 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($106,434) ($106,434) ($106,434) FRIDAY, MARCH 28, 2008 2809 255.100 -Unemployment Insurance Appropriation (HB 990) 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 $11,286,387 $11,266,239 $11,228,560 State General Funds $11,286,387 $11,266,239 $11,228,560 TOTAL FEDERAL FUNDS $49,173,186 $49,173,186 $49,173,186 Federal Funds Not Itemized $49,173,186 $49,173,186 $49,173,186 TOTAL PUBLIC FUNDS $60,459,573 $60,439,425 $60,401,746 Vocational Rehabilitation Program Continuation Budget The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS 256.1 Annualize the cost of the FY08 salary adjustment. $17,968,411 $17,968,411 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $86,141,780 $17,968,411 $17,968,411 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $86,141,780 $17,968,411 $17,968,411 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $86,141,780 State General Funds $116,843 $116,843 $116,843 256.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $16,513 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $66,050 $82,563 $82,563 256.3 Increase funds for performance based salary adjustments. State General Funds $33,025 $0 $0 256.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $9,496 $9,496 $9,496 2810 JOURNAL OF THE SENATE 256.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $60,989 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($30,882) 256.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($90,615) ($90,615) ($90,615) 256.7 Reduce one-time funds received for the Hinesville Center for the Georgia Center for the Hearing Impaired. State General Funds ($167,000) ($167,000) ($167,000) 256.8 Reduce one-time funds received for the Albany Advocacy Resource Center. State General Funds ($50,000) ($50,000) ($50,000) 256.9 Reduce funds received for SHARE in HB1027 (FY07). State General Funds ($50,000) ($50,000) ($50,000) 256.10 Reduce funds received in HB1027 (FY07) for Assistive Technology Centers and Reboot. State General Funds ($30,000) ($30,000) ($30,000) 256.11 Eliminate the GoodWorks contract and transfer the savings to fund childcare activities in the Department of Human Resources. FF Temporary Assistance for Needy Families CFDA93.558 ($1,700,000) 256.12 Increase funds for the Helen Keller National Center-Southeastern Region. State General Funds $979,513 256.100 -Vocational Rehabilitation Program Appropriation (HB 990) The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $17,806,210 $17,789,698 $18,738,329 State General Funds $17,806,210 $17,789,698 $18,738,329 TOTAL FEDERAL FUNDS $65,667,153 $65,667,153 $65,667,153 Federal Funds Not Itemized $65,667,153 $65,667,153 $65,667,153 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 INTRA-STATE GOVERNMENT TRANSFERS $1,700,000 $1,700,000 Federal Funds Transfers $1,700,000 $1,700,000 FRIDAY, MARCH 28, 2008 2811 FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS $1,700,000 $85,979,579 $1,700,000 $85,963,067 $85,211,698 Workforce Development Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS 257.1 Increase funds to reflect projected revenue receipts. $8,397,133 $8,397,133 $80,214,177 $80,214,177 $5,200,000 $5,200,000 $5,200,000 $93,811,310 $8,397,133 $8,397,133 $80,214,177 $80,214,177 $5,200,000 $5,200,000 $5,200,000 $93,811,310 $8,397,133 $8,397,133 $80,214,177 $80,214,177 $5,200,000 $5,200,000 $5,200,000 $93,811,310 Federal Funds Not Itemized Agency to Agency Contracts TOTAL PUBLIC FUNDS $23,966,462 $4,332,516 $28,298,978 $23,966,462 $4,332,516 $28,298,978 $23,966,462 $4,332,516 $28,298,978 257.2 Annualize the cost of the FY08 salary adjustment. State General Funds $104,946 $104,946 $104,946 257.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $15,150 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $60,602 $75,752 $75,752 257.4 Increase funds for performance based salary adjustments. State General Funds $30,301 $0 $0 257.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $8,712 $8,712 $8,712 257.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $55,957 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($28,334) 2812 JOURNAL OF THE SENATE 257.7 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($89,202) ($89,202) ($89,202) 257.8 Reduce funds. State General Funds ($180,000) ($180,000) ($180,000) 257.9 Eliminate the GoodWorks contract and transfer the savings to fund childcare activities in the Department of Human Resources. FF Temporary Assistance for Needy Families CFDA93.558 ($5,200,000) 257.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $14,276,941 TOTAL PUBLIC FUNDS $14,276,941 257.100 -Workforce Development Appropriation (HB 990) 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 $8,332,492 $8,317,341 $8,289,007 State General Funds $8,332,492 $8,317,341 $8,289,007 TOTAL FEDERAL FUNDS $104,180,639 $104,180,639 $118,457,580 Federal Funds Not Itemized $104,180,639 $104,180,639 $118,457,580 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $9,532,516 $9,532,516 $4,332,516 State Funds Transfers $4,332,516 $4,332,516 $4,332,516 Agency to Agency Contracts $4,332,516 $4,332,516 $4,332,516 Federal Funds Transfers $5,200,000 $5,200,000 FF Temporary Assistance for Needy Families CFDA93.558 $5,200,000 $5,200,000 TOTAL PUBLIC FUNDS $122,045,647 $122,030,496 $131,079,103 Commission on Women Continuation Budget 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 $93,172 258.100 -Commission on Women Appropriation (HB 990) 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 FRIDAY, MARCH 28, 2008 2813 State General Funds TOTAL PUBLIC FUNDS $93,172 $93,172 $93,172 $93,172 $93,172 $93,172 There is appropriated to the Department of Labor out of funds credited to and held in this states account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to and in accordance with Section 903 of the Social Security Act, as amended, an additional amount of $1,885,551.11. Of said additional amount, the sum of $1,885,551.11 is authorized to be allocated for expenses incurred in the administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the "Employment Security Law" as amended, including personal services and operating and other expenses incurred in the administration of said law, as well as for the purchase or rental, either or both, of improvements, repairs, or alterations to and of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, technology, data, reports and studies, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenance, improvements, repairs, or alterations of and to such real or personal property. Notwithstanding any other provision of this section, the amount appropriated in this section shall not exceed the amount in the Unemployment Trust Fund, which may be obligated for expenditure for such purposes as provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and the amount which may be obligated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund; provided, however, that said additional funds shall not be obligated for expenditure, as provided in this section, after the close of the two-year period which begins on the date of enactment of this section. Section 31: Law, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS Section Total - Continuation $18,446,804 $18,446,804 $18,446,804 $18,446,804 $24,817 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $36,801,423 $55,273,044 $55,273,044 Section Total - Final $20,012,090 $19,811,323 $18,446,804 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $55,273,044 $19,777,794 2814 JOURNAL OF THE SENATE State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $20,012,090 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $56,838,330 $19,811,323 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $56,637,563 $19,777,794 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $56,604,034 Law, Department of Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Legal Services - Client Reimbursable per OCGA45-15-4 TOTAL PUBLIC FUNDS $18,446,804 $18,446,804 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $55,273,044 $18,446,804 $18,446,804 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $55,273,044 $18,446,804 $18,446,804 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $55,273,044 259.1 Annualize the cost of the FY08 salary adjustment. State General Funds $265,122 $265,122 $265,122 259.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $49,446 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $197,785 $247,231 $247,231 259.3 Increase funds for performance based salary adjustments. State General Funds $98,893 $0 $0 259.4 Increase funds to make special adjustments to selected job classes. State General Funds $960,258 $960,258 $960,258 FRIDAY, MARCH 28, 2008 2815 259.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $222,914 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($112,873) 259.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($28,748) ($28,748) ($28,748) 259.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $71,976 $47,469 $0 259.8 Utilize existing funds designated for hospital acquisitions to cover costs for projected hospital sales. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 259.9 Transfer funds to the Georgia Public Defenders Standards Council for outside legal counsel due to the Attorney General's conflict of interest. State General Funds ($126,813) $0 259.100 -Law, Department of Appropriation (HB 990) 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 State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Legal Services - Client Reimbursable per OCGA45-15-4 TOTAL PUBLIC FUNDS $20,012,090 $20,012,090 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $56,838,330 $19,811,323 $19,811,323 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $56,637,563 $19,777,794 $19,777,794 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $56,604,034 2816 JOURNAL OF THE SENATE Section 32: State Personnel Administration TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $1,364,162 $1,364,162 $1,178,776 $1,178,776 $9,123 $9,123 $176,263 $176,263 $12,364,197 $12,364,197 $12,364,197 $12,364,197 $13,728,359 $13,728,359 Section Total - Final $1,373,192 $1,373,192 $1,186,583 $1,186,583 $10,346 $10,346 $176,263 $176,263 $12,741,126 $12,695,447 $12,741,126 $12,695,447 $14,114,318 $14,068,639 $1,364,162 $1,178,776 $9,123 $176,263 $12,364,197 $12,364,197 $13,728,359 $1,373,192 $1,186,583 $10,346 $176,263 $12,615,578 $12,615,578 $13,988,770 Recruitment and Staffing Services Continuation Budget The purpose of this appropriation is to provide a central point of contact for the general public. TOTAL STATE FUNDS TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments TOTAL PUBLIC FUNDS 260.1 Annualize the cost of the FY08 salary adjustment. $0 $1,264,485 $1,264,485 $1,264,485 $1,264,485 $0 $1,264,485 $1,264,485 $1,264,485 $1,264,485 $0 $1,264,485 $1,264,485 $1,264,485 $1,264,485 Merit System Assessments $19,300 $19,300 $19,300 260.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,587 due to revenue estimate change) Merit System Assessments $10,352 $12,939 $12,939 260.3 Increase funds for performance based salary adjustments. Merit System Assessments $5,176 $0 $0 FRIDAY, MARCH 28, 2008 2817 260.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $9,747 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) Merit System Assessments $0 $0 ($4,935) 260.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. Merit System Assessments $4,734 $4,734 $4,734 260.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) Merit System Assessments $6,379 $3,911 $0 260.7 Reduce funds received for real estate rentals to match projected expenditures. Merit System Assessments ($2,815) ($2,815) ($2,815) 260.100 -Recruitment and Staffing Services Appropriation (HB 990) The purpose of this appropriation is to provide a central point of contact for the general public. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,307,611 $1,302,554 $1,293,708 State Funds Transfers $1,307,611 $1,302,554 $1,293,708 Merit System Assessments $1,307,611 $1,302,554 $1,293,708 TOTAL PUBLIC FUNDS $1,307,611 $1,302,554 $1,293,708 System Administration Continuation Budget The purpose of this appropriation is to provide administrative and technical support to the agency. TOTAL STATE FUNDS TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments TOTAL PUBLIC FUNDS 261.1 Annualize the cost of the FY08 salary adjustment. $0 $102,271 $102,271 $102,271 $4,206,077 $4,206,077 $4,206,077 $4,308,348 $0 $102,271 $102,271 $102,271 $4,206,077 $4,206,077 $4,206,077 $4,308,348 Merit System Assessments $58,398 $58,398 $0 $102,271 $102,271 $102,271 $4,206,077 $4,206,077 $4,206,077 $4,308,348 $58,398 2818 JOURNAL OF THE SENATE 261.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $7,633 due to revenue estimate change) Merit System Assessments $30,533 $38,166 $38,166 261.3 Increase funds for performance based salary adjustments. Merit System Assessments $15,266 $0 $0 261.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $28,752 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) Merit System Assessments $0 $0 ($14,559) 261.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. Merit System Assessments $10,860 $10,860 $10,860 261.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) Merit System Assessments $17,396 $10,665 $0 261.7 Reduce funds received for real estate rentals to match projected expenditures. Merit System Assessments ($7,303) ($7,303) ($7,303) 261.100 -System Administration Appropriation (HB 990) The purpose of this appropriation is to provide administrative and technical support to the agency. TOTAL AGENCY FUNDS $102,271 $102,271 $102,271 Reserved Fund Balances $102,271 $102,271 $102,271 Reserved Fund Balances Not Itemized $102,271 $102,271 $102,271 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,331,227 $4,316,863 $4,291,639 State Funds Transfers $4,331,227 $4,316,863 $4,291,639 Merit System Assessments $4,331,227 $4,316,863 $4,291,639 TOTAL PUBLIC FUNDS $4,433,498 $4,419,134 $4,393,910 Total Compensation and Rewards Continuation Budget The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies. TOTAL STATE FUNDS TOTAL AGENCY FUNDS $0 $1,261,891 $0 $1,261,891 $0 $1,261,891 FRIDAY, MARCH 28, 2008 2819 Reserved Fund Balances Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments Merit System Training and Compensation Fees TOTAL PUBLIC FUNDS 262.1 Annualize the cost of the FY08 salary adjustment. $1,076,505 $1,076,505 $9,123 $9,123 $176,263 $176,263 $3,060,974 $3,060,974 $3,033,135 $27,839 $4,322,865 $1,076,505 $1,076,505 $9,123 $9,123 $176,263 $176,263 $3,060,974 $3,060,974 $3,033,135 $27,839 $4,322,865 $1,076,505 $1,076,505 $9,123 $9,123 $176,263 $176,263 $3,060,974 $3,060,974 $3,033,135 $27,839 $4,322,865 Reserved Fund Balances Not Itemized Interest and Investment Income Not Itemized Merit System Assessments TOTAL PUBLIC FUNDS $7,807 $1,223 $33,084 $42,114 $7,807 $1,223 $33,084 $42,114 $7,807 $1,223 $33,084 $42,114 262.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $5,456 due to revenue estimate change) Merit System Assessments $21,822 $27,278 $27,278 262.3 Increase funds for performance based salary adjustments. Merit System Assessments $10,911 $0 $0 262.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $20,550 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) Merit System Assessments $0 $0 ($10,406) 262.5 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) Merit System Assessments $9,860 $6,044 $0 262.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. Merit System Assessments $10,025 $10,025 $10,025 2820 JOURNAL OF THE SENATE 262.7 Reduce funds received for real estate rentals to match projected expenditures. Merit System Assessments ($4,208) ($4,208) ($4,208) 262.100 -Total Compensation and Rewards Appropriation (HB 990) The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies. TOTAL AGENCY FUNDS $1,270,921 $1,270,921 $1,270,921 Reserved Fund Balances $1,084,312 $1,084,312 $1,084,312 Reserved Fund Balances Not Itemized $1,084,312 $1,084,312 $1,084,312 Interest and Investment Income $10,346 $10,346 $10,346 Interest and Investment Income Not Itemized $10,346 $10,346 $10,346 Sales and Services $176,263 $176,263 $176,263 Sales and Services Not Itemized $176,263 $176,263 $176,263 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,142,468 $3,133,197 $3,116,747 State Funds Transfers $3,142,468 $3,133,197 $3,116,747 Merit System Assessments $3,114,629 $3,105,358 $3,088,908 Merit System Training and Compensation Fees $27,839 $27,839 $27,839 TOTAL PUBLIC FUNDS $4,413,389 $4,404,118 $4,387,668 Workforce Development and Alignment Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments Merit System Training and Compensation Fees TOTAL PUBLIC FUNDS 263.1 Annualize the cost of the FY08 salary adjustment. $0 $0 $3,832,661 $3,832,661 $3,527,070 $305,591 $3,832,661 $0 $0 $3,832,661 $3,832,661 $3,527,070 $305,591 $3,832,661 $0 $0 $3,832,661 $3,832,661 $3,527,070 $305,591 $3,832,661 Merit System Assessments $48,469 $48,469 $48,469 263.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $7,560 due to revenue estimate change) Merit System Assessments $30,241 $37,801 $37,801 FRIDAY, MARCH 28, 2008 2821 263.3 Increase funds for performance based salary adjustments. Merit System Assessments $15,121 $0 $0 263.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $28,477 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) Merit System Assessments $0 $0 ($14,419) 263.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. Merit System Assessments $11,418 $11,418 $11,418 263.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) Merit System Assessments $24,356 $14,930 $0 263.7 Reduce funds received for real estate rentals to match projected expenditures. Merit System Assessments ($2,446) ($2,446) ($2,446) 263.100 -Workforce Development and Alignment Appropriation (HB 990) 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. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,959,820 $3,942,833 $3,913,484 State Funds Transfers $3,959,820 $3,942,833 $3,913,484 Merit System Assessments $3,654,229 $3,637,242 $3,607,893 Merit System Training and Compensation Fees $305,591 $305,591 $305,591 TOTAL PUBLIC FUNDS $3,959,820 $3,942,833 $3,913,484 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 33: Natural Resources, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total - Continuation $130,555,764 $130,555,764 $9,996,755 $130,555,764 $130,555,764 $9,996,755 $130,555,764 $130,555,764 $9,996,755 2822 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers 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 Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers TOTAL PUBLIC FUNDS $9,996,755 $9,996,755 $25,058,798 $25,058,798 $103,913 $103,913 $2,941,137 $2,941,137 $15,250 $15,250 $21,998,498 $21,998,498 $165,611,317 $165,611,317 Section Total - Final $129,299,138 $131,281,828 $129,299,138 $131,281,828 $49,667,541 $49,667,541 $49,667,541 $49,667,541 $111,014,045 $111,014,045 $4,121,409 $4,121,409 $103,913 $103,913 $2,941,137 $2,941,137 $15,250 $15,250 $103,832,336 $103,832,336 $289,980,724 $291,963,414 $9,996,755 $25,058,798 $103,913 $2,941,137 $15,250 $21,998,498 $165,611,317 $130,995,057 $130,995,057 $49,733,946 $49,733,946 $123,134,762 $4,583,045 $103,913 $2,941,137 $15,250 $115,491,417 $130,000 $130,000 $303,993,765 Coastal Resources Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 264.1 Increase funds to reflect projected revenue receipts. $4,187,531 $4,187,531 $170,862 $170,862 $4,358,393 $4,187,531 $4,187,531 $170,862 $170,862 $4,358,393 $4,187,531 $4,187,531 $170,862 $170,862 $4,358,393 Federal Funds Not Itemized Sales and Services Not Itemized $5,769,945 $90,221 $5,769,945 $90,221 $5,769,945 $90,221 FRIDAY, MARCH 28, 2008 2823 TOTAL PUBLIC FUNDS $5,860,166 $5,860,166 $5,860,166 264.2 Annualize the cost of the FY08 salary adjustment. State General Funds $30,140 $30,140 $30,140 264.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $4,420 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $17,678 $22,098 $22,098 264.4 Increase funds for performance based salary adjustments. State General Funds $8,839 $0 $0 264.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $13,170 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($6,669) 264.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,646 $3,646 $3,646 264.7 Reduce one-time funds received in HB1027 (FY07) for coastal dock renovation. State General Funds ($1,350,000) ($1,350,000) ($1,350,000) 264.8 Reduce one-time funds received in HB95 (FY08) for raising sunken vessels. State General Funds ($180,000) ($180,000) $0 264.9 Increase funds to replace one high mileage law enforcement vehicle. (G, H, and S:Reduce by $15,000 due to revenue estimate change) State General Funds $0 $0 $0 264.10 Utilize existing funds to conduct genetic analysis in conjunction with South Carolina to determine the suitability of hatcheryreared drum for Georgia's saltwater fishery management program. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 264.11 Increase funds to provide a special pay raise effective January 1, 2009 to address retention and compression issues for the following post-certified law enforcement positions: Division Director, Assistant. State General Funds $11,991 $11,991 264.100 -Coastal Resources Appropriation (HB 990) The purpose of this appropriation is to balance economic development in Georgia's coastal zone with the preservation of natural, 2824 JOURNAL OF THE SENATE environmental, historic, archaeological, and recreational resources for the benefit of Georgia's present and future generations. TOTAL STATE FUNDS $2,717,834 $2,725,406 $2,898,737 State General Funds $2,717,834 $2,725,406 $2,898,737 TOTAL FEDERAL FUNDS $5,940,807 $5,940,807 $5,940,807 Federal Funds Not Itemized $5,940,807 $5,940,807 $5,940,807 TOTAL AGENCY FUNDS $90,221 $90,221 $90,221 Sales and Services $90,221 $90,221 $90,221 Sales and Services Not Itemized $90,221 $90,221 $90,221 TOTAL PUBLIC FUNDS $8,748,862 $8,756,434 $8,929,765 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 265.1 Increase funds to reflect projected revenue receipts. $10,180,372 $10,180,372 $10,180,372 $10,180,372 $10,180,372 $10,180,372 $10,180,372 $10,180,372 $10,180,372 Federal Funds Not Itemized Contributions, Donations, and Forfeitures Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $107,978 $260,328 $368,306 $107,978 $260,328 $368,306 $174,383 $161,636 $411,630 $747,649 265.2 Annualize the cost of the FY08 salary adjustment. State General Funds $115,433 $115,433 $115,433 265.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $17,126 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $68,502 $85,628 $85,628 265.4 Increase funds for performance based salary adjustments. State General Funds $34,251 $0 $0 265.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $30,287 $30,287 $30,287 265.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $54,245 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to FRIDAY, MARCH 28, 2008 2825 22.165%) State General Funds $0 $0 ($27,467) 265.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $15,017 $15,017 $15,017 265.8 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $50,795 $33,500 $0 265.9 Increase operating funds for the Okefenokee EcoLodge scheduled to open in July 2008. State General Funds $5,000 $5,000 $5,000 265.10 Transfer funds from the Environmental Protection program ($516,505) and Wildlife Resources program ($38,877) to properly reflect projected legal expenses. State General Funds $555,382 $555,382 $555,382 265.100 -Departmental Administration Appropriation (HB 990) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $11,055,039 $11,020,619 $10,959,652 State General Funds $11,055,039 $11,020,619 $10,959,652 TOTAL FEDERAL FUNDS $107,978 $107,978 $174,383 Federal Funds Not Itemized $107,978 $107,978 $174,383 TOTAL AGENCY FUNDS $260,328 $260,328 $573,266 Contributions, Donations, and Forfeitures $161,636 Contributions, Donations, and Forfeitures Not Itemized $161,636 Sales and Services $260,328 $260,328 $411,630 Sales and Services Not Itemized $260,328 $260,328 $411,630 TOTAL PUBLIC FUNDS $11,423,345 $11,388,925 $11,707,301 Environmental Protection Continuation Budget 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 State General Funds $30,969,784 $30,969,784 $30,969,784 $30,969,784 $30,969,784 $30,969,784 2826 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 266.1 Increase funds to reflect projected revenue receipts. $3,363,161 $3,363,161 $6,797,557 $6,797,557 $6,797,557 $41,130,502 $3,363,161 $3,363,161 $6,797,557 $6,797,557 $6,797,557 $41,130,502 $3,363,161 $3,363,161 $6,797,557 $6,797,557 $6,797,557 $41,130,502 Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $20,154,613 $54,993,970 $75,148,583 $20,154,613 $54,993,970 $75,148,583 $20,154,613 $59,915,466 $80,070,079 266.2 Annualize the cost of the FY08 salary adjustment. State General Funds $722,243 $722,243 $722,243 266.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $68,613 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $274,457 $343,070 $343,070 266.4 Increase funds for performance based salary adjustments. State General Funds $137,228 $0 $0 266.5 Increase funds to provide salary adjustments for critical jobs. State General Funds $120,167 $120,167 $120,167 266.6 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $7,885 $7,885 $7,885 266.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $215,996 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($109,370) 266.8 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $59,803 $59,803 $59,803 266.9 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) FRIDAY, MARCH 28, 2008 2827 State General Funds $41,040 $27,067 $0 266.10 Transfer funds to the Departmental Administration program to properly reflect projected legal expenses. State General Funds ($516,505) ($516,505) ($516,505) 266.11 Increase funds to lease office space in Brunswick for the Coastal District Office. State General Funds $300,000 $300,000 $300,000 266.12 Increase funds to provide state matching funds for coastal groundwater and surface water monitoring to allow the Environmental Protection Division to make data driven decisions regarding permitting of groundwater withdrawals to prevent saltwater intrusion on Georgia's coast. State General Funds $425,000 $425,000 $300,000 266.13 Reduce funds from real estate rentals and utilize agency funds. State General Funds ($50,000) ($50,000) ($50,000) 266.14 Increase funds for the Metropolitan North Georgia Water Planning District to assist with mandated updates for water plans. State General Funds $300,000 $0 $125,000 266.100 -Environmental Protection Appropriation (HB 990) 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 $32,791,102 $32,408,514 $32,272,077 State General Funds $32,791,102 $32,408,514 $32,272,077 TOTAL FEDERAL FUNDS $23,517,774 $23,517,774 $23,517,774 Federal Funds Not Itemized $23,517,774 $23,517,774 $23,517,774 TOTAL AGENCY FUNDS $61,791,527 $61,791,527 $66,713,023 Sales and Services $61,791,527 $61,791,527 $66,713,023 Sales and Services Not Itemized $61,791,527 $61,791,527 $66,713,023 TOTAL PUBLIC FUNDS $118,100,403 $117,717,815 $122,502,874 Hazardous Waste Trust Fund Continuation Budget The purpose of this appropriation is to investigate and clean up abandoned hazardous sites. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,600,000 $7,600,000 $7,600,000 $7,600,000 $7,600,000 $7,600,000 $7,600,000 $7,600,000 $7,600,000 2828 JOURNAL OF THE SENATE 267.100 -Hazardous Waste Trust Fund Appropriation (HB 990) The purpose of this appropriation is to 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 PUBLIC FUNDS $7,600,000 $7,600,000 $7,600,000 Historic Preservation Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 268.1 Increase funds to reflect projected revenue receipts. $2,136,950 $2,136,950 $490,000 $490,000 $2,626,950 $2,136,950 $2,136,950 $490,000 $490,000 $2,626,950 $2,136,950 $2,136,950 $490,000 $490,000 $2,626,950 Federal Funds Not Itemized $517,287 $517,287 $517,287 268.2 Annualize the cost of the FY08 salary adjustment. State General Funds $24,227 $24,227 $24,227 268.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,598 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $14,392 $17,990 $17,990 268.4 Increase funds for performance based salary adjustments. State General Funds $7,196 $0 $0 268.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $11,853 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($6,002) 268.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,282 $3,282 $3,282 268.100 -Historic Preservation Appropriation (HB 990) The purpose of this appropriation is to identify, protect and preserve Georgia's historical sites for the enjoyment of present and future FRIDAY, MARCH 28, 2008 2829 generations. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,186,047 $2,186,047 $1,007,287 $1,007,287 $3,193,334 $2,182,449 $2,182,449 $1,007,287 $1,007,287 $3,189,736 $2,176,447 $2,176,447 $1,007,287 $1,007,287 $3,183,734 Land Conservation Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $509,496 $509,496 $509,496 $509,496 $509,496 $509,496 $509,496 $509,496 $509,496 269.1 Annualize the cost of the FY08 salary adjustment. State General Funds $5,914 $5,914 $5,914 269.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $902 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $3,611 $4,514 $4,514 269.3 Increase funds for performance based salary adjustments. State General Funds $1,805 $0 $0 269.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,195 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,111) 269.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $608 $608 $608 269.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $5,898 $3,890 $0 2830 JOURNAL OF THE SENATE 269.100 -Land Conservation Appropriation (HB 990) 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 $527,332 $524,422 $519,421 State General Funds $527,332 $524,422 $519,421 TOTAL PUBLIC FUNDS $527,332 $524,422 $519,421 Parks, Recreation and Historic Sites Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 270.1 Increase funds to reflect projected revenue receipts. $24,286,246 $24,286,246 $845,941 $845,941 $17,879,882 $2,941,137 $2,941,137 $14,938,745 $14,938,745 $43,012,069 $24,286,246 $24,286,246 $845,941 $845,941 $17,879,882 $2,941,137 $2,941,137 $14,938,745 $14,938,745 $43,012,069 $24,286,246 $24,286,246 $845,941 $845,941 $17,879,882 $2,941,137 $2,941,137 $14,938,745 $14,938,745 $43,012,069 Federal Funds Not Itemized Contributions, Donations, and Forfeitures Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $858,088 $21,620,357 $22,478,445 $858,088 $20,965,357 $21,823,445 $858,088 $300,000 $22,420,357 $23,578,445 270.2 Annualize the cost of the FY08 salary adjustment. State General Funds $308,994 $308,994 $308,994 270.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $45,445 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $181,782 $227,227 $227,227 270.4 Increase funds for performance based salary adjustments. State General Funds $90,890 $0 $0 FRIDAY, MARCH 28, 2008 2831 270.5 Increase funds to provide salary adjustments for critical jobs. State General Funds $21,442 $21,442 $21,442 270.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $255,507 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($129,376) 270.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $70,743 $70,743 $70,743 270.8 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $13,759 $9,074 $0 270.9 Reduce one-time funds received for the master plan at Flat Creek State Park and for fence construction at Troup's Tomb site. State General Funds ($36,449) ($36,449) ($36,449) 270.10 Increase funds for operating costs for the Okefenokee EcoLodge scheduled to open in July 2008. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $200,000 $170,000 $170,000 $340,000 $170,000 $170,000 $340,000 270.11 Increase funds to replace four high mileage law enforcement vehicles. (G and H:Reduce by $60,000 due to revenue estimate change)(S:Utilize reserve funds from the Department of Administrative Services (DOAS)-Surplus Property program to purchase two vehicles) State General Funds TOTAL PUBLIC FUNDS $0 $0 $0 $30,000 270.12 Reduce funds due to an increase in rates for camp grounds, cottages, and lodge rooms system-wide. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($485,000) ($485,000) $485,000 $0 ($485,000) $485,000 $0 270.13 Increase funds for four positions, temporary labor, and operating costs for the Gordonia Alatamaha State Park expansion of the nine-hole golf course to an eighteen-hole golf course and for opening three cabins. State General Funds $500,000 $500,000 $500,000 2832 JOURNAL OF THE SENATE 270.14 Replace funds from Lake Lanier Islands Development Authority to reflect fulfilled debt service obligation. State General Funds $665,966 $665,966 $665,966 270.15 Increase funds to complete surveys at High Falls State Park. State General Funds $148,000 $148,000 270.16 Increase funds to provide a special pay raise effective January 1, 2009 to address retention and compression issues for the following POST certified law enforcement positions: Administrative Operations Manager, Historic Site Manager 1, Historic Site Manager 2, Lodge Operations Manager, Lodge/Parks General Manager 2, Lodge/Parks Region Manager, Parks Assistant Manager 1, Parks Assistant Manager 2, Parks Manager 1, Parks Manager 2, Parks Manager 3, Parks Ranger Enforcement, Parks Region Supervisor, Parks Resource Manager 1, Parks Resource Manager 2, and Parks Resource Manager 3. State General Funds $1,537,636 $1,537,636 270.17 Increase funds to manage aquatic vegetation at Little Ocmulgee state park. State General Funds $50,000 270.18 Increase funds to build public recreation facilities and boat ramp for the Bear Creek Reservoir. State General Funds $268,000 270.100 -Parks, Recreation and Historic Sites Appropriation (HB 990) 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 $25,818,373 $27,423,879 $27,603,429 State General Funds $25,818,373 $27,423,879 $27,603,429 TOTAL FEDERAL FUNDS $1,704,029 $1,704,029 $1,704,029 Federal Funds Not Itemized $1,704,029 $1,704,029 $1,704,029 TOTAL AGENCY FUNDS $39,500,239 $39,500,239 $41,255,239 Contributions, Donations, and Forfeitures $300,000 Contributions, Donations, and Forfeitures Not Itemized $300,000 Intergovernmental Transfers $2,941,137 $2,941,137 $2,941,137 Intergovernmental Transfers Not Itemized $2,941,137 $2,941,137 $2,941,137 Sales and Services $36,559,102 $36,559,102 $38,014,102 Sales and Services Not Itemized $36,559,102 $36,559,102 $38,014,102 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $30,000 Agency Funds Transfers $30,000 FRIDAY, MARCH 28, 2008 2833 TOTAL PUBLIC FUNDS $67,022,641 $68,628,147 $70,592,697 Pollution Prevention Assistance Continuation Budget The purpose of this appropriation is to reduce pollution by providing non-regulatory assistance. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS 271.1 Increase funds to reflect projected revenue receipts. $16,075 $16,075 $103,913 $103,913 $103,913 $119,988 $16,075 $16,075 $103,913 $103,913 $103,913 $119,988 $16,075 $16,075 $103,913 $103,913 $103,913 $119,988 Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $96,580 $11,400 $107,980 $96,580 $11,400 $107,980 $96,580 $11,400 $107,980 271.2 Reduce funds. State General Funds ($16,075) ($16,075) ($16,075) 271.100 -Pollution Prevention Assistance Appropriation (HB 990) The purpose of this appropriation is to reduce pollution by providing non-regulatory assistance. TOTAL FEDERAL FUNDS $96,580 $96,580 $96,580 Federal Funds Not Itemized $96,580 $96,580 $96,580 TOTAL AGENCY FUNDS $115,313 $115,313 $115,313 Reserved Fund Balances $103,913 $103,913 $103,913 Reserved Fund Balances Not Itemized $103,913 $103,913 $103,913 Sales and Services $11,400 $11,400 $11,400 Sales and Services Not Itemized $11,400 $11,400 $11,400 TOTAL PUBLIC FUNDS $211,893 $211,893 $211,893 Solid Waste Trust Fund Continuation Budget The purpose of this appropriation is to provide 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 $6,000,000 $6,000,000 $6,000,000 2834 JOURNAL OF THE SENATE State General Funds $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $6,000,000 $6,000,000 $6,000,000 272.100 -Solid Waste Trust Fund Appropriation (HB 990) The purpose of this appropriation is to provide 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 $6,000,000 $6,000,000 $6,000,000 State General Funds $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $6,000,000 $6,000,000 $6,000,000 Wildlife Resources Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 273.1 Increase funds to reflect projected revenue receipts. $40,774,791 $40,774,791 $5,126,791 $5,126,791 $277,446 $15,250 $15,250 $262,196 $262,196 $46,179,028 $40,774,791 $40,774,791 $5,126,791 $5,126,791 $277,446 $15,250 $15,250 $262,196 $262,196 $46,179,028 $40,774,791 $40,774,791 $5,126,791 $5,126,791 $277,446 $15,250 $15,250 $262,196 $262,196 $46,179,028 Federal Funds Not Itemized Contributions, Donations, and Forfeitures Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $12,166,295 $4,121,409 $4,857,562 $21,145,266 $12,166,295 $4,121,409 $4,857,562 $21,145,266 $12,166,295 $4,121,409 $9,988,845 $26,276,549 273.2 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $734,494 $734,494 $434,494 273.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $66,505 for a 2% cost of living adjustment due to revenue estimate change) FRIDAY, MARCH 28, 2008 2835 State General Funds $266,018 $332,522 $332,522 273.4 Increase funds for performance based salary adjustments. State General Funds $133,009 $0 $0 273.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $233,996 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($118,484) 273.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $64,788 $64,788 $64,788 273.7 Reduce one-time funds received for the "Go Fish Georgia" bass trail ($5,000,000), spraying to prevent unwanted vegetation and aquatic plants on Lake Blackshear ($45,000), repairs of the dam at Arrowhead Environmental Education Center ($500,000), the Waynesboro Field Trials Stable at the Di-Lane Plantation wildlife management area ($100,000), and the Wildlife Endowment Fund ($369,856). State General Funds ($6,014,856) ($6,014,856) ($6,014,856) 273.8 Transfer funds to the Departmental Administration program to properly reflect projected legal expenses. State General Funds ($38,877) ($38,877) ($38,877) 273.9 Increase funds for the Wildlife Endowment Fund collected through lifetime hunting and fishing licenses and associated interest in compliance with federal guidelines. State General Funds $95,896 $95,896 $95,896 273.10 Increase funds to replace twenty-three high mileage law enforcement vehicles. (G and H:Reduce by $400,000 due to revenue estimate change)(S:Utilize reserve funds from the Department of Administrative Services (DOAS)-Surplus Property program to purchase six vehicles) State General Funds TOTAL PUBLIC FUNDS $0 $0 $0 $100,000 273.11 Utilize existing funds from implementing web-based boat licensing and registration for operations and maintenance of wildlife management areas and to fill seven vacant positions. (G:YES)(S:YES) State General Funds $0 $0 $0 273.12 Increase funds to fill fifteen vacant positions to address law enforcement protection of wildlife areas. (H and S:Provide funds to fill ten vacant positions) State General Funds $675,000 $450,000 $450,000 2836 JOURNAL OF THE SENATE 273.13 Increase funds to retrofit a Bell 206 helicopter with safety floats and night vision for over-water missions. State General Funds $320,000 $0 $0 273.14 Increase funds to cover a shortfall for leased wildlife management areas. State General Funds $200,000 $200,000 $100,000 273.15 Increase funds to provide a special pay raise effective January 1, 2009 to address retention and compression issues for the following POST certified law enforcement positions: Conservation Captain Academy Director, Conservation Corporal, Conservation Captain Safety Education Officer, Conservation Captain Special Projects Officer, Conservation Ranger, Conservation Ranger First Class, Conservation Sergeant, Conservation Sergeant Administrative Specialist, Conservation Sergeant State Investigator, Law Enforcement Assistant Chief, Law Enforcement Region Supervisor, and Wildlife Technician. State General Funds $1,411,373 $1,411,373 273.16 Increase funds to construct campground and trail construction at the Berry College Wildlife Management Area. State General Funds $50,000 273.100 -Wildlife Resources Appropriation (HB 990) 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 $37,210,263 $38,010,131 $37,541,647 State General Funds $37,210,263 $38,010,131 $37,541,647 TOTAL FEDERAL FUNDS $17,293,086 $17,293,086 $17,293,086 Federal Funds Not Itemized $17,293,086 $17,293,086 $17,293,086 TOTAL AGENCY FUNDS $9,256,417 $9,256,417 $14,387,700 Contributions, Donations, and Forfeitures $4,121,409 $4,121,409 $4,121,409 Contributions, Donations, and Forfeitures Not Itemized $4,121,409 $4,121,409 $4,121,409 Royalties and Rents $15,250 $15,250 $15,250 Royalties and Rents Not Itemized $15,250 $15,250 $15,250 Sales and Services $5,119,758 $5,119,758 $10,251,041 Sales and Services Not Itemized $5,119,758 $5,119,758 $10,251,041 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $100,000 Agency Funds Transfers $100,000 TOTAL PUBLIC FUNDS $63,759,766 $64,559,634 $69,322,433 Payments to Georgia Agricultural Exposition Authority Continuation Budget The purpose of this appropriation is to provide operating funds for and to showcase the state's agriculture and agribusiness, promote FRIDAY, MARCH 28, 2008 2837 the agricultural achievement of Georgia's young people, provide a center for diverse activities, and stage and promote a statewide fair. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 275.1 Annualize the cost of the FY08 salary adjustment. $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 State General Funds $11,352 $11,352 $11,352 275.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $5,107 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $20,428 $25,535 $25,535 275.3 Increase funds for performance based salary adjustments. State General Funds $10,214 $0 $0 275.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $19,752 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($10,001) 275.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $30,717 $30,717 $30,717 275.6 Reduce one-time funds received for equipment purchases. State General Funds ($525,000) ($525,000) ($525,000) 275.7 Increase funds to assist the Laurens County Agriculture and Exposition Center with facilities improvements. State General Funds $50,000 275.100 -Payments to Georgia Agricultural Exposition Authority Appropriation (HB 990) The purpose of this appropriation is to provide operating funds for and 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 $1,792,615 $1,787,508 $1,827,507 State General Funds $1,792,615 $1,787,508 $1,827,507 TOTAL PUBLIC FUNDS $1,792,615 $1,787,508 $1,827,507 2838 JOURNAL OF THE SENATE Payments to Georgia Agrirama Development Authority Continuation Budget The purpose of this appropriation is to provide operating funds for and to collect, display, and preserve material culture of Georgia's agriculture and rural history and present agriculture and rural history to the general public and school groups. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 276.1 Annualize the cost of the FY08 salary adjustment. $1,177,651 $1,177,651 $1,177,651 $1,177,651 $1,177,651 $1,177,651 $1,177,651 $1,177,651 $1,177,651 State General Funds $11,021 $11,021 $11,021 276.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,634 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $6,534 $8,168 $8,168 276.3 Increase funds for performance based salary adjustments. State General Funds $3,267 $0 $0 276.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $5,451 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,760) 276.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($3,013) ($3,013) ($3,013) 276.6 Reduce funds from one-time expenditures for master plan development. State General Funds ($100,000) ($100,000) ($100,000) 276.7 Increase funds for an increase in the minimum wage. State General Funds $33,109 $33,109 $33,109 276.100 -Payments to Georgia Agrirama Development Authority Appropriation (HB 990) The purpose of this appropriation is to provide operating funds for and to collect, display, and preserve material culture of Georgia's agriculture and rural history and present agriculture and rural history to the general public and school groups. TOTAL STATE FUNDS $1,128,569 $1,126,936 $1,124,176 State General Funds $1,128,569 $1,126,936 $1,124,176 TOTAL PUBLIC FUNDS $1,128,569 $1,126,936 $1,124,176 FRIDAY, MARCH 28, 2008 2839 Payments to Lake Allatoona Preservation Authority Continuation Budget The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority. 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 $100,000 277.100 -Payments to Lake Allatoona Preservation Authority Appropriation (HB 990) The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority. 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 Payments to Southwest Georgia Railroad Excursion Authority Continuation Budget The purpose of this appropriation is to provide operating funds for and 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 $371,964 278.100 -Payments to Southwest Georgia Railroad Excursion Authority Appropriation (HB 990) The purpose of this appropriation is to provide operating funds for and 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 Jekyll Island State Park Authority - $260,844 for year 20 of 20 years; last 2840 JOURNAL OF THE SENATE payment being made June 15th, 2009, Jekyll Island Convention Center and Golf Course - $579,346 for year 15 of 20 years; last payment being made June 15th, 2014 and North Georgia Mountains Authority - $1,434,982 for year 15 of 20 years; last payment being made June 15th, 2014. Section 34: Pardons and Paroles, State Board of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 Section Total - Final $57,725,070 $59,373,962 $57,725,070 $59,373,962 $806,050 $806,050 $806,050 $806,050 $58,531,120 $60,180,012 $55,612,881 $55,612,881 $55,612,881 $58,660,320 $58,660,320 $806,050 $806,050 $59,466,370 Board Administration Continuation Budget The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 279.1 Annualize the cost of the FY08 salary adjustment. $5,974,389 $5,974,389 $5,974,389 $5,974,389 $5,974,389 $5,974,389 $5,974,389 $5,974,389 $5,974,389 State General Funds $26,817 $26,817 $26,817 279.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $8,258 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $33,033 $41,291 $41,291 279.3 Increase funds for performance based salary adjustments. State General Funds $16,516 $0 $16,516 279.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $199 $199 $199 279.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and FRIDAY, MARCH 28, 2008 2841 H:Reduce by $31,189 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($15,793) 279.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,416) ($1,416) ($1,416) 279.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $43,904 $28,955 $0 279.8 Increase funds for efficient and better informed clemency decisions through the continuation of the ongoing development of the Clemency Online Navigation System (CONS). State General Funds $410,912 $410,912 $410,912 279.9 Transfer funds to the Clemency Decisions program for costs associated with the CONS and scanner operators. State General Funds ($10,429) ($10,429) ($10,429) 279.10 Reduce one-time funds received for costs associated with the implementation of CONS. State General Funds ($88,315) ($88,315) ($88,315) 279.100 -Board Administration Appropriation (HB 990) The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $6,405,610 $6,382,403 $6,354,171 State General Funds $6,405,610 $6,382,403 $6,354,171 TOTAL PUBLIC FUNDS $6,405,610 $6,382,403 $6,354,171 Clemency Decisions Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 280.1 Annualize the cost of the FY08 salary adjustment. $10,935,172 $10,935,172 $10,935,172 $10,935,172 $10,935,172 $10,935,172 $10,935,172 $10,935,172 $10,935,172 State General Funds $149,993 $149,993 $149,993 2842 JOURNAL OF THE SENATE 280.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $24,072 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $96,287 $120,359 $120,359 280.3 Increase funds for performance based salary adjustments. State General Funds $48,144 $0 $48,144 280.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $581 $581 $581 280.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $91,274 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($46,217) 280.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($6,356) ($6,356) ($6,356) 280.7 Transfer funds from the Board Administration program for costs associated with the Clemency Online Navigation System (CONS) and scanner operators. State General Funds $10,429 $10,429 $10,429 280.8 Transfer funds from the Parole Supervision program to cover operating expenses. State General Funds $49,350 $49,350 $49,350 280.9 Increase funds for efficient and better informed clemency decisions through the continuation of the ongoing development of CONS. State General Funds $34,107 $34,107 $34,107 280.100 -Clemency Decisions Appropriation (HB 990) 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 $11,317,707 $11,293,635 $11,295,562 State General Funds $11,317,707 $11,293,635 $11,295,562 TOTAL PUBLIC FUNDS $11,317,707 $11,293,635 $11,295,562 Parole Supervision Continuation Budget The purpose of this appropriation is for transitioning offenders from prison back into the community as productive, law abiding FRIDAY, MARCH 28, 2008 2843 citizens. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 281.1 Increase funds to reflect projected revenue receipts. $38,149,974 $38,149,974 $38,149,974 $38,149,974 $38,149,974 $38,149,974 $38,149,974 $38,149,974 $38,149,974 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $806,050 $806,050 $806,050 $806,050 $806,050 $806,050 281.2 Annualize the cost of the FY08 salary adjustment. State General Funds $541,117 $541,117 $541,117 281.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $77,013 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $308,051 $385,064 $385,064 281.4 Increase funds for performance based salary adjustments. State General Funds $154,026 $0 $154,026 281.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $1,861 $1,860 $1,860 281.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $287,568 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($145,610) 281.7 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($22,696) ($22,696) ($22,696) 281.8 Transfer funds to the Clemency Decisions program to cover operating expenses. State General Funds ($49,350) ($49,350) ($49,350) 281.9 Transfer funds from the Department of Corrections to support inmate re-entry through the conversion of the Atlanta Day Reporting Center to the Atlanta Parole Reporting Center. State General Funds $354,981 $354,981 $354,981 281.10 Reduce funds for fifteen Residential Substance Abuse Treatment (RSAT) slots due to a delay in securing qualified providers. (S:Reduce funds for thirty RSAT slots) 2844 JOURNAL OF THE SENATE State General Funds ($105,000) ($210,000) 281.11 Increase funds to provide a special pay raise effective January 1, 2009 to address recruitment, retention, and compression issues for the following positions: Parole Officer, Senior Parole Officer, Assistant Parole Officer, and Chief Regional Director. (S:Fund pay raise but do not fill vacant positions) State General Funds $1,879,207 $1,288,218 281.100 -Parole Supervision Appropriation (HB 990) The purpose of this appropriation is for transitioning offenders from prison back into the community as productive, law abiding citizens. TOTAL STATE FUNDS $39,437,964 $41,135,157 $40,447,584 State General Funds $39,437,964 $41,135,157 $40,447,584 TOTAL FEDERAL FUNDS $806,050 $806,050 $806,050 Federal Funds Not Itemized $806,050 $806,050 $806,050 TOTAL PUBLIC FUNDS $40,244,014 $41,941,207 $41,253,634 Victim Services Continuation Budget The purpose of this appropriation 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 State General Funds TOTAL PUBLIC FUNDS 282.1 Annualize the cost of the FY08 salary adjustment. $553,346 $553,346 $553,346 $553,346 $553,346 $553,346 $553,346 $553,346 $553,346 State General Funds $4,500 $4,500 $4,500 282.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,022 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $4,088 $5,110 $5,110 282.3 Increase funds for performance based salary adjustments. State General Funds $2,044 $0 $2,044 282.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $25 $25 $25 282.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and FRIDAY, MARCH 28, 2008 2845 H:Reduce by $3,571 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,808) 282.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($214) ($214) ($214) 282.100 -Victim Services Appropriation (HB 990) The purpose of this appropriation 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 $563,789 $562,767 $563,003 State General Funds $563,789 $562,767 $563,003 TOTAL PUBLIC FUNDS $563,789 $562,767 $563,003 Section 35: Properties Commission, State TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $1,250,000 $1,250,000 $1,250,000 $1,250,000 $999,895 $999,895 $999,895 $999,895 $2,249,895 $2,249,895 Section Total - Final $1,486,739 $1,486,739 $1,486,739 $1,486,739 $1,486,739 $1,486,739 $1,250,000 $1,250,000 $999,895 $999,895 $2,249,895 $1,037,739 $1,037,739 $1,037,739 Leasing Continuation Budget 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 STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers $0 $0 $406,637 $406,637 $0 $0 $406,637 $406,637 $0 $0 $406,637 $406,637 2846 JOURNAL OF THE SENATE Rental Payments TOTAL PUBLIC FUNDS 283.1 Annualize the cost of the FY08 salary adjustment. $406,637 $406,637 $406,637 $406,637 $406,637 $406,637 Rental Payments $10,658 $10,658 $10,658 283.2 Increase funds for five new portfolio management agents. (H:Reflect intent of the commission to only hire two positions in this program)(S:NO) Rental Payments $189,430 $189,430 $0 283.100 -Leasing Appropriation (HB 990) 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 $606,725 $606,725 $417,295 State Funds Transfers $606,725 $606,725 $417,295 Rental Payments $606,725 $606,725 $417,295 TOTAL PUBLIC FUNDS $606,725 $606,725 $417,295 Properties Commission, State Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Rental Payments TOTAL PUBLIC FUNDS 284.1 Annualize the cost of the FY08 salary adjustment. $0 $0 $593,258 $593,258 $593,258 $593,258 $0 $0 $593,258 $593,258 $593,258 $593,258 $0 $0 $593,258 $593,258 $593,258 $593,258 Rental Payments $27,186 $27,186 $27,186 284.2 Increase funds for five new portfolio management agents. (H:Reflect intent of the commission to only hire three positions in this program)(S:NO) Rental Payments $259,570 $259,570 $0 284.100 -Properties Commission, State Appropriation (HB 990) 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. FRIDAY, MARCH 28, 2008 2847 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Rental Payments TOTAL PUBLIC FUNDS $880,014 $880,014 $880,014 $880,014 $880,014 $880,014 $880,014 $880,014 $620,444 $620,444 $620,444 $620,444 Payments to Georgia Building Authority Continuation Budget The purpose of this appropriation is to provide maintenance, repairs and preparatory work on property owned by the Georgia Building Authority. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 285.1 Reduce one-time funds received for projects in HB95 (FY08). $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 State General Funds ($1,250,000) ($1,250,000) ($1,250,000) 285.2 Increase funds ($1,380,638)for a real estate rental increase of $0.52 per square foot for the FY08 pay raise and salary adjustments ($520,131), Workers' Compensation premiums ($206,199), and State Health Benefit Plan increases ($654,308). (G:YES)(H:Reflect total funds of $726,330 or $0.27 per square foot due to not funding state health benefit plan increases)(S:Utilize reserves) Rental Payments $0 $0 $0 285.3 Increase funds ($1,042,961) for a real estate rental increase of $0.38 per square foot for standard office space and $0.44 per square foot for premier office space to restore the maintenance and repair fund. (G:YES)(H:NO)(S:NO) Rental Payments $0 $0 $0 285.4 Annualize the cost ($482,287) of the FY08 salary adjustment. (H:YES)(S:Utilize reserves) Rental Payments $0 $0 285.99 SAC: The purpose of this appropriation is to purchase, erect, and maintain buildings and other facilities to house agents and officials of the state government. House: The purpose of this appropriation is to purchase, erect, and maintain buildings and other facilities to house agents and officials of the state government. Gov Rev: The purpose of this appropriation is to purchase, erect, and maintain buildings and other facilities to house agents and officials of the state government. Rental Payments $0 $0 $0 2848 JOURNAL OF THE SENATE Section 36: Public Defender Standards Council, Georgia TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income TOTAL PUBLIC FUNDS Section Total - Continuation $35,430,140 $35,430,140 $35,430,140 $35,430,140 $4,835,038 $4,835,038 $2,619,787 $2,619,787 $2,215,251 $2,215,251 $40,265,178 $40,265,178 Section Total - Final $41,767,654 $42,836,367 $41,767,654 $42,836,367 $1,700,000 $1,700,000 $1,700,000 $1,700,000 $43,467,654 $44,536,367 $35,430,140 $35,430,140 $4,835,038 $2,619,787 $2,215,251 $40,265,178 $38,220,397 $38,220,397 $1,700,000 $1,700,000 $39,920,397 Public Defender Standards Council Continuation Budget The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate and Central Office. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 23.1 Annualize the cost of the FY08 salary adjustment. $5,930,028 $5,930,028 $2,775,048 $559,797 $559,797 $2,215,251 $2,215,251 $8,705,076 $5,930,028 $5,930,028 $2,775,048 $559,797 $559,797 $2,215,251 $2,215,251 $8,705,076 $5,930,028 $5,930,028 $2,775,048 $559,797 $559,797 $2,215,251 $2,215,251 $8,705,076 State General Funds $126,832 $126,832 $126,832 23.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $15,087 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $60,350 $75,437 $75,437 23.3 Increase funds for performance based salary adjustments. FRIDAY, MARCH 28, 2008 2849 State General Funds $30,175 $0 $0 23.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $58,352 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($29,547) 23.5 Increase funds for an Information Technology (IT) specialist to provide support to the Central Office as well as the Circuit Public Defender (CPD) offices. State General Funds $67,633 $67,633 $0 23.6 Increase funds to contract for a special senior attorney. (H:Transfer funds from the Department of Law for outside legal counsel due to the Attorney General's conflict of interest) State General Funds $126,813 $126,813 $0 23.7 Increase funds for outside experts to assist the appellate division. State General Funds $18,000 $18,000 $0 23.8 Increase funds to allow the CPD offices to access the Georgia Crime Information Center (GCIC) to enable the evaluation of cases to occur earlier in the process. State General Funds $2,500 $2,500 $2,500 23.9 Increase funds for experts, mitigation, investigative, and attorney expenses in capital cases statewide. State General Funds $295,488 $295,488 $295,488 23.10 Increase funds for a third capital defender satellite office to include three senior attorneys, two mitigation specialists, two investigators, and two paralegals to assist in controlling the costs of capital conflict cases. Sites: City of Hinesville State General Funds $736,270 $736,270 $536,270 23.11 Increase funds for an additional attorney for the Office of the Mental Health Advocate (OMHA) to handle incompetent to stand trial (IST) and not guilty by reason of insanity (NGRI) cases statewide. State General Funds $92,747 $92,747 $0 23.12 Reduce funds. Interest and Investment Income Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,140,203 ($2,215,251) ($1,075,048) $1,140,203 ($2,215,251) ($1,075,048) $1,140,203 ($2,215,251) ($1,075,048) 2850 JOURNAL OF THE SENATE 23.98 Transfer funds and activities to create a new Capital Defender Office program. (H:YES)(S:NO) State General Funds $0 $0 23.99 SAC: The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate, and Central Office. House: The purpose of this appropriation is to fund the Office of the Mental Health Advocate and Central Office. State General Funds $0 $0 23.100 -Public Defender Standards Council Appropriation (HB 990) The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate, and Central Office. TOTAL STATE FUNDS $7,486,836 $7,471,748 $6,937,008 State General Funds $7,486,836 $7,471,748 $6,937,008 TOTAL AGENCY FUNDS $1,700,000 $1,700,000 $1,700,000 Interest and Investment Income $1,700,000 $1,700,000 $1,700,000 Interest and Investment Income Not Itemized $1,700,000 $1,700,000 $1,700,000 TOTAL PUBLIC FUNDS $9,186,836 $9,171,748 $8,637,008 Public Defenders Continuation Budget 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; provided that staffing for circuits are based on O.C.G.A. 17-12. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS 24.1 Annualize the cost of the FY08 salary adjustment. $29,500,112 $29,500,112 $2,059,990 $2,059,990 $2,059,990 $31,560,102 $29,500,112 $29,500,112 $2,059,990 $2,059,990 $2,059,990 $31,560,102 $29,500,112 $29,500,112 $2,059,990 $2,059,990 $2,059,990 $31,560,102 State General Funds $575,168 $575,168 $575,168 24.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $68,420 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $273,679 $342,099 $342,099 24.3 Increase funds for performance based salary adjustments. FRIDAY, MARCH 28, 2008 2851 State General Funds $136,840 $0 $0 24.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $264,618 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($133,990) 24.5 Increase funds to address the backlog of indigent defense cases assigned to private attorneys due to a conflict of interest. (H:Provide funds for conflict cases throughout the public defender offices) State General Funds $3,795,019 $3,795,019 $1,000,000 24.6 Reduce funds. Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS ($2,059,990) ($2,059,990) ($2,059,990) ($2,059,990) ($2,059,990) ($2,059,990) 24.7 Increase funds for three Assistant Public Defenders associated with the creation of additional judgeships for the Atlanta Judicial Circuit effective July 1, 2008 and the Alcovy and Brunswick Judicial Circuits effective January 1, 2009 per HB1163 (2008 Session). State General Funds $152,221 $0 24.8 Increase funds for appellate conflict cases due to ineffective assistance of counsel claims. State General Funds $1,000,000 $0 24.100 -Public Defenders Appropriation (HB 990) 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; provided that staffing for circuits are based on O.C.G.A. 17-12. TOTAL STATE FUNDS $34,280,818 $35,364,619 $31,283,389 State General Funds $34,280,818 $35,364,619 $31,283,389 TOTAL PUBLIC FUNDS $34,280,818 $35,364,619 $31,283,389 Section 37: Public Safety, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Section Total - Continuation $121,232,673 $121,232,673 $8,328,935 $8,328,935 $121,232,673 $121,232,673 $8,328,935 $8,328,935 $121,232,673 $121,232,673 $8,328,935 $8,328,935 2852 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $9,382,406 $9,382,406 $3,151,435 $3,151,435 $6,230,971 $6,230,971 $138,944,014 $138,944,014 Section Total - Final $139,436,012 $136,890,320 $139,436,012 $136,890,320 $26,408,886 $26,410,326 $26,408,886 $26,410,326 $16,900,571 $16,900,571 $7,503,871 $7,503,871 $337,000 $337,000 $8,859,700 $8,859,700 $200,000 $200,000 $182,745,469 $180,201,217 $9,382,406 $3,151,435 $6,230,971 $138,944,014 $135,185,051 $135,185,051 $28,604,501 $28,604,501 $17,610,178 $7,503,871 $707,000 $9,199,307 $200,000 $1,017,000 $1,017,000 $182,416,730 Aviation Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 286.1 Increase funds to reflect projected revenue receipts. $2,630,550 $2,630,550 $2,630,550 $2,630,550 $2,630,550 $2,630,550 $2,630,550 $2,630,550 $2,630,550 Federal Funds Not Itemized Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $190,000 $190,000 $200,000 $370,000 $570,000 286.2 Annualize the cost of the FY08 salary adjustment. State General Funds $25,318 $25,318 $25,318 286.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,830 for a 2% cost of living adjustment due to revenue estimate change) FRIDAY, MARCH 28, 2008 2853 State General Funds $15,319 $19,149 $19,149 286.4 Increase funds for performance based salary adjustments. State General Funds $7,660 $0 $0 286.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $121 $121 $121 286.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $15,380 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($7,788) 286.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $6,279 $6,279 $6,279 286.8 Reduce funds due to retirements. State General Funds ($103,000) ($103,000) ($103,000) 286.9 Transfer funds from the Field Offices and Services program for the special law enforcement salary increase to reflect projected expenditures. State General Funds $272,959 $272,959 286.10 Increase funds to complete the renovation at the Reidsville Hangar. [One-Time Change] State General Funds $161,800 286.11 Increase funds to complete the renovation at the Thomson Hangar. [One-Time Change] State General Funds $137,900 286.100 -Aviation Appropriation (HB 990) 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 $2,582,247 $2,851,376 $3,143,288 State General Funds $2,582,247 $2,851,376 $3,143,288 TOTAL FEDERAL FUNDS $190,000 $190,000 $200,000 Federal Funds Not Itemized $190,000 $190,000 $200,000 TOTAL AGENCY FUNDS $370,000 Rebates, Refunds, and Reimbursements $370,000 Rebates, Refunds, and Reimbursements Not Itemized $370,000 2854 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $2,772,247 $3,041,376 $3,713,288 Capitol Police Services Continuation Budget The purpose of this appropriation is to protect life and property, prevent and detect criminal acts, and enforce traffic regulations throughout the Capitol. TOTAL STATE FUNDS TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 287.1 Increase funds to reflect projected revenue receipts. $0 $3,151,435 $3,151,435 $3,151,435 $3,151,435 $0 $3,151,435 $3,151,435 $3,151,435 $3,151,435 $0 $3,151,435 $3,151,435 $3,151,435 $3,151,435 Intergovernmental Transfers Not Itemized $4,352,436 $4,352,436 $4,352,436 287.100 -Capitol Police Services Appropriation (HB 990) 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 $7,503,871 $7,503,871 $7,503,871 Intergovernmental Transfers $7,503,871 $7,503,871 $7,503,871 Intergovernmental Transfers Not Itemized $7,503,871 $7,503,871 $7,503,871 TOTAL PUBLIC FUNDS $7,503,871 $7,503,871 $7,503,871 Departmental Administration Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 288.1 Increase funds to reflect projected revenue receipts. $9,434,931 $9,434,931 $9,434,931 $9,434,931 $9,434,931 $9,434,931 $9,434,931 $9,434,931 $9,434,931 Federal Funds Not Itemized $15,571 $15,571 $15,571 288.2 Annualize the cost of the FY08 salary adjustment. State General Funds $81,485 $81,485 $81,485 288.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $16,907 for a 2% cost of living adjustment due to revenue estimate change) FRIDAY, MARCH 28, 2008 2855 State General Funds $67,629 $84,536 $84,536 288.4 Increase funds for performance based salary adjustments. State General Funds $33,813 $0 $0 288.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $535 $535 $535 288.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $67,897 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($34,380) 288.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $18,774 $18,774 $18,774 288.8 Reduce one-time funds received for costs associated with the Peace Officer Standards and Training Council database. State General Funds ($284,064) ($286,064) ($286,064) 288.9 Reduce funds due to retirements. State General Funds ($276,000) ($276,000) ($276,000) 288.100 -Departmental Administration Appropriation (HB 990) 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 $9,077,103 $9,058,197 $9,023,817 State General Funds $9,077,103 $9,058,197 $9,023,817 TOTAL FEDERAL FUNDS $15,571 $15,571 $15,571 Federal Funds Not Itemized $15,571 $15,571 $15,571 TOTAL PUBLIC FUNDS $9,092,674 $9,073,768 $9,039,388 Executive Security Services Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 289.1 Annualize the cost of the FY08 salary adjustment. $1,467,064 $1,467,064 $1,467,064 $1,467,064 $1,467,064 $1,467,064 $1,467,064 $1,467,064 $1,467,064 2856 JOURNAL OF THE SENATE State General Funds $16,455 $16,455 $16,455 289.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,487 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $13,948 $17,435 $17,435 289.3 Increase funds for performance based salary adjustments. State General Funds $6,974 $0 $0 289.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $111 $111 $111 289.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $14,004 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($7,091) 289.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,835 $3,835 $3,835 289.7 Transfer funds from the Field Offices and Services program for the special law enforcement salary increase to reflect projected expenditures. State General Funds $13,216 $13,216 289.100 -Executive Security Services Appropriation (HB 990) 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 $1,508,387 $1,518,116 $1,511,025 State General Funds $1,508,387 $1,518,116 $1,511,025 TOTAL PUBLIC FUNDS $1,508,387 $1,518,116 $1,511,025 Field Offices and Services Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $78,566,545 $78,566,545 $78,566,545 $78,566,545 $78,566,545 $78,566,545 $78,566,545 $78,566,545 $78,566,545 FRIDAY, MARCH 28, 2008 2857 290.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Not Itemized Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $3,118,316 $337,000 $715,400 $200,000 $4,370,716 $3,118,316 $337,000 $715,400 $200,000 $4,370,716 $3,118,316 $337,000 $715,400 $200,000 $4,370,716 290.2 Annualize the cost of the FY08 salary adjustment. State General Funds $1,413,168 $1,413,168 $1,413,168 290.3 Increase funds to annualize the pay raise for identified ranks of the Georgia State Patrol (GSP) through the supervisory rank of captain including all job classes of communication equipment officers received in HB95 (FY08), effective January 1, 2008. State General Funds $5,000,000 $5,000,000 $5,000,000 290.4 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $146,532 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $586,072 $732,604 $732,604 290.5 Increase funds for performance based salary adjustments. State General Funds $293,042 $0 $0 290.6 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $4,639 $4,639 $4,639 290.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $588,411 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($297,943) 290.8 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $245,416 $245,416 $245,416 290.9 Transfer funds to the Specialized Collision Reconstruction Team to cover a projected shortfall. State General Funds ($496,000) ($496,000) ($496,000) 290.10 Increase funds for computer-aided dispatch and computer terminals in patrol vehicles to increase the efficiency and safety of state troopers. State General Funds $1,976,302 $1,976,302 $1,976,302 2858 JOURNAL OF THE SENATE 290.11 Increase funds to implement the Regional Officer Trooper Cadet (ROTC) program with an initial class of fifty cadets. (G, H, and S:Reduce by $2,368,994 due to revenue estimate change) State General Funds $0 $0 $0 290.12 Increase funds for costs associated with troopers graduating from the 85th trooper school. State General Funds $3,777,277 $3,030,598 $3,030,598 290.13 Increase funds for the 86th trooper school in order to increase patrol coverage statewide to foster a safer driving experience for all those who travel Georgia highways and meet the State Highway strategic plan goal of one death per 100 million miles driven. State General Funds $2,847,456 $2,847,456 $2,847,456 290.14 Increase funds for the 87th trooper school to increase patrol coverage statewide to foster a safer driving experience for all those who travel Georgia highways and meet the State Highway strategic plan goal of one death per 100 million miles driven. State General Funds $2,296,753 $0 $0 290.15 Reduce funds from post repairs and maintenance. State General Funds ($100,000) ($100,000) ($100,000) 290.16 Utilize existing funds to replace fifty trooper cars projected to surpass 135,000 miles. (G and H:Reduce by $1,092,488 due to revenue estimate change) State General Funds ($1,092,488) ($1,092,488) ($1,750,000) 290.17 Transfer funds to the Aviation, Executive Security Services, Specialized Collision Reconstruction Team, and Troop J Specialty Units programs for the special law enforcement salary increase to reflect projected expenditures. State General Funds ($383,188) ($383,188) 290.18 Reduce one-time funds received for training associated with HB1059 (2006 Session) the "Sexual Predator Act." State General Funds ($118,700) ($118,700) 290.19 Reduce one-time funds received for the North Central Law Enforcement Academy. State General Funds ($250,000) 290.99 SAC: The purpose of this appropriation is to reduce criminal activity in the state of Georgia through enforcement of traffic and criminal laws. 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. Gov Rev: The purpose of this appropriation is to reduce criminal activity in the state of Georgia through enforcement of traffic and criminal laws. FRIDAY, MARCH 28, 2008 2859 State General Funds $0 $0 $0 290.100 -Field Offices and Services Appropriation (HB 990) The purpose of this appropriation is to reduce criminal activity in the state of Georgia through enforcement of traffic and criminal laws. TOTAL STATE FUNDS $95,318,182 $91,626,352 $90,420,897 State General Funds $95,318,182 $91,626,352 $90,420,897 TOTAL FEDERAL FUNDS $3,118,316 $3,118,316 $3,118,316 Federal Funds Not Itemized $3,118,316 $3,118,316 $3,118,316 TOTAL AGENCY FUNDS $1,252,400 $1,252,400 $1,252,400 Rebates, Refunds, and Reimbursements $337,000 $337,000 $337,000 Rebates, Refunds, and Reimbursements Not Itemized $337,000 $337,000 $337,000 Sales and Services $715,400 $715,400 $715,400 Sales and Services Not Itemized $715,400 $715,400 $715,400 Sanctions, Fines, and Penalties $200,000 $200,000 $200,000 Sanctions, Fines, and Penalties Not Itemized $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $99,688,898 $95,997,068 $94,791,613 290.101 Special Project - Field Offices and Services: Increase funds for equipment for the Columbia County State Patrol Post.[One-Time Change] State General Funds $250,000 $0 Motor Carrier Compliance Continuation Budget The purpose of this appropriation is to provide safety and compliance enforcement for commercial motor carriers, school buses, large passenger vehicles, and enforce High Occupancy Vehicle lane use restrictions. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 291.1 Increase funds to reflect projected revenue receipts. $7,843,468 $7,843,468 $5,161,998 $5,161,998 $4,596,898 $4,596,898 $4,596,898 $17,602,364 $7,843,468 $7,843,468 $5,161,998 $5,161,998 $4,596,898 $4,596,898 $4,596,898 $17,602,364 $7,843,468 $7,843,468 $5,161,998 $5,161,998 $4,596,898 $4,596,898 $4,596,898 $17,602,364 Federal Funds Not Itemized $651,053 $651,053 $1,388,145 2860 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,913,329 $2,564,382 $1,913,329 $2,564,382 $1,913,329 $3,301,474 291.2 Annualize the cost of the FY08 salary adjustment. State General Funds $286,492 $286,492 $286,492 291.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by 28,788 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $115,154 $143,942 $143,942 291.4 Increase funds for performance based salary adjustments. State General Funds $57,577 $0 $0 291.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $911 $911 $911 291.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $22,290 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($11,287) 291.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $15,397 $15,397 $15,397 291.100 -Motor Carrier Compliance Appropriation (HB 990) The purpose of this appropriation is to provide safety and compliance enforcement for commercial motor carriers, school buses, large passenger vehicles, and enforce High Occupancy Vehicle lane use restrictions. TOTAL STATE FUNDS $8,318,999 $8,290,210 $8,278,923 State General Funds $8,318,999 $8,290,210 $8,278,923 TOTAL FEDERAL FUNDS $5,813,051 $5,813,051 $6,550,143 Federal Funds Not Itemized $5,813,051 $5,813,051 $6,550,143 TOTAL AGENCY FUNDS $6,510,227 $6,510,227 $6,510,227 Sales and Services $6,510,227 $6,510,227 $6,510,227 Sales and Services Not Itemized $6,510,227 $6,510,227 $6,510,227 TOTAL PUBLIC FUNDS $20,642,277 $20,613,488 $21,339,293 Specialized Collision Reconstruction Team Continuation Budget The purpose of this appropriation is to provide a means by which fatal crashes can be investigated thoroughly by specially trained FRIDAY, MARCH 28, 2008 2861 investigators and properly document evidence in collisions to be used for successful court prosecution. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 292.1 Annualize the cost of the FY08 salary adjustment. $2,517,279 $2,517,279 $2,517,279 $2,517,279 $2,517,279 $2,517,279 $2,517,279 $2,517,279 $2,517,279 State General Funds $36,479 $36,479 $36,479 292.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $5,824 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $23,298 $29,122 $29,122 292.3 Increase funds for performance based salary adjustments. State General Funds $11,649 $0 $0 292.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $184 $184 $184 292.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $23,390 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($11,844) 292.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $9,067 $9,067 $9,067 292.7 Transfer funds from the Field Offices and Services program to cover a projected shortfall. State General Funds $496,000 $496,000 $496,000 292.8 Transfer funds from the Field Offices and Services program for the special law enforcement salary increase to reflect projected expenditures. State General Funds $30,467 $30,467 292.100 -Specialized Collision Reconstruction Team Appropriation (HB 990) 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 $3,093,956 $3,118,598 $3,106,754 State General Funds $3,093,956 $3,118,598 $3,106,754 TOTAL PUBLIC FUNDS $3,093,956 $3,118,598 $3,106,754 2862 JOURNAL OF THE SENATE Troop J Specialty Units Continuation Budget The purpose of this appropriation is to support the Forensics Science Division of the GBI by overseeing and maintaining the entire breath-alcohol program for the State of Georgia. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 293.1 Annualize the cost of the FY08 salary adjustment. $2,460,304 $2,460,304 $2,460,304 $2,460,304 $2,460,304 $2,460,304 $2,460,304 $2,460,304 $2,460,304 State General Funds $37,221 $37,221 $37,221 293.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $5,896 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $23,586 $29,482 $29,482 293.3 Increase funds for performance based salary adjustments. State General Funds $11,793 $0 $0 293.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $187 $187 $187 293.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $23,680 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($11,990) 293.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $13,357 $13,357 $13,357 293.7 Reduce funds due to attrition. State General Funds ($331,000) $0 $0 293.8 Transfer funds from the Field Offices and Services program for the special law enforcement salary increase to reflect projected expenditures. State General Funds $66,546 $66,546 293.100 -Troop J Specialty Units Appropriation (HB 990) The purpose of this appropriation is to support the Forensics Science Division of the GBI by overseeing and maintaining the entire breath-alcohol program for the State of Georgia. TOTAL STATE FUNDS $2,215,448 $2,607,097 $2,595,107 FRIDAY, MARCH 28, 2008 2863 State General Funds TOTAL PUBLIC FUNDS $2,215,448 $2,215,448 $2,607,097 $2,607,097 $2,595,107 $2,595,107 Firefighter Standards and Training Council, Georgia Continuation Budget The purpose of this appropriation is to provide professionally trained, competent and ethical firefighters with the proper equipment and facilities to ensure a fire safe environment for Georgia citizens and establish professional standards for fire service training, including consulting, testing and certification of Georgia's firefighters. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 294.1 Annualize the cost of the FY08 salary adjustment. $905,403 $905,403 $905,403 $905,403 $905,403 $905,403 $905,403 $905,403 $905,403 State General Funds $8,546 $8,546 $8,546 294.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,546 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $6,182 $7,728 $7,728 294.3 Increase funds for performance based salary adjustments. State General Funds $3,091 $0 $0 294.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $5,861 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,968) 294.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($11,553) ($11,553) ($11,553) 294.6 Reduce one-time funds received for training and certification of adjunct instructors. State General Funds ($50,000) ($25,000) 294.100 -Firefighter Standards and Training Council, Georgia Appropriation (HB 990) The purpose of this appropriation is to provide professionally trained, competent and ethical firefighters with the proper equipment and facilities to ensure a fire safe environment for Georgia citizens and establish professional standards for fire service training, including consulting, testing and certification of Georgia's firefighters. TOTAL STATE FUNDS $911,669 $860,124 $882,156 State General Funds $911,669 $860,124 $882,156 2864 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $911,669 $860,124 $882,156 Highway Safety, Office of Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 295.1 Increase funds to reflect projected revenue receipts. $521,295 $521,295 $3,166,937 $3,166,937 $3,688,232 $521,295 $521,295 $3,166,937 $3,166,937 $3,688,232 $521,295 $521,295 $3,166,937 $3,166,937 $3,688,232 Federal Funds Not Itemized $13,978,380 $13,978,380 $13,978,380 295.2 Annualize the cost of the FY08 salary adjustment. State General Funds $6,438 $6,438 $6,438 295.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce State General Funds by $402, and Total Funds by $1,842, for a 2% cost of living adjustment due to revenue estimate change) State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,607 $5,761 $7,368 $2,009 $7,201 $9,210 $2,009 $7,201 $9,210 295.4 Increase funds for performance based salary adjustments. State General Funds $804 $0 $0 295.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $1,454 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($736) 295.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $13,286 $13,286 $13,286 295.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $39,660 $39,660 $0 FRIDAY, MARCH 28, 2008 2865 Federal Funds Not Itemized TOTAL PUBLIC FUNDS 295.8 Increase funds to fill two vacant positions. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS $39,659 $79,319 $81,211 $81,211 $162,422 $39,659 $79,319 $81,211 $81,211 $162,422 $0 $0 $81,211 $81,211 $162,422 295.100 -Highway Safety, Office of Appropriation (HB 990) 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 $664,301 $663,899 $623,503 State General Funds $664,301 $663,899 $623,503 TOTAL FEDERAL FUNDS $17,271,948 $17,273,388 $17,233,729 Federal Funds Not Itemized $17,271,948 $17,273,388 $17,233,729 TOTAL PUBLIC FUNDS $17,936,249 $17,937,287 $17,857,232 Peace Officer Standards and Training Council, Georgia Continuation Budget The purpose of this appropriation is to set standards for the law enforcement community, ensure training at the highest level for all of Georgia's law enforcement officers and public safety professionals, and certify individuals when all requirements are met. The purpose of this appropriation is also to investigate officers and public safety professionals when an allegation of unethical/illegal conduct is made and sanction these individuals' by disciplining officers and public safety professionals when necessary. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 296.1 Annualize the cost of the FY08 salary adjustment. $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 State General Funds $26,508 $26,508 $26,508 296.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,874 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $15,495 $19,369 $19,369 296.3 Increase funds for performance based salary adjustments. State General Funds $7,748 $0 $0 2866 JOURNAL OF THE SENATE 296.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $14,974 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($7,582) 296.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($5,206) ($5,206) ($5,206) 296.6 Increase funds for an agency auditor position. State General Funds $38,475 $38,475 $38,475 296.7 Reduce funds from operations. State General Funds ($16,832) ($16,832) ($16,832) 296.8 Increase funds for the contract with the Georgia Sheriffs' Association to deliver training associated with HB1059 (2006 Session) the "Sexual Predator Act." (H and S:Increase the contract with the Georgia Sheriffs' Association to deliver training associated with the Sex Offender Registration Act, jail services to counties, and other specialized training) State General Funds $118,700 $118,700 $118,700 296.9 Increase funds for the contract with the Georgia Sheriffs' Association to deliver training for an anticipated class of fifty newly elected sheriffs. [One-Time Change] State General Funds $392,190 $316,952 $316,952 296.10 Reduce funds from telecommunications. State General Funds ($7,200) ($7,200) ($7,200) 296.11 Transfer funds from the Public Safety Training Center for the Georgia Association of Chiefs of Police. State General Funds $300,069 296.100 -Peace Officer Standards and Training Council, Georgia Appropriation (HB 990) The purpose of this appropriation is to set standards for the law enforcement community, ensure training at the highest level for all of Georgia's law enforcement officers and public safety professionals, and certify individuals when all requirements are met. The purpose of this appropriation is also to investigate officers and public safety professionals when an allegation of unethical/illegal conduct is made and sanction these individuals' by disciplining officers and public safety professionals when necessary. TOTAL STATE FUNDS $2,696,771 $2,617,659 $2,910,146 State General Funds $2,696,771 $2,617,659 $2,910,146 TOTAL PUBLIC FUNDS $2,696,771 $2,617,659 $2,910,146 FRIDAY, MARCH 28, 2008 2867 Public Safety Training Center, Georgia Continuation Budget The purpose of this appropriation is for the development, delivery and facilitation of training that results in professional and competent public safety services for the people of Georgia. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 297.1 Annualize the cost of the FY08 salary adjustment. $12,758,941 $12,758,941 $1,634,073 $1,634,073 $1,634,073 $14,393,014 $12,758,941 $12,758,941 $1,634,073 $1,634,073 $1,634,073 $14,393,014 $12,758,941 $12,758,941 $1,634,073 $1,634,073 $1,634,073 $14,393,014 State General Funds $131,663 $131,663 $131,663 297.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $20,257 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $81,027 $101,284 $101,284 297.3 Increase funds for performance based salary adjustments. State General Funds $40,514 $0 $0 297.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $2,353 $2,353 $2,353 297.5 Increase funds to provide salary adjustments for critical jobs. State General Funds $59,702 $59,702 $59,702 297.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $77,392 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($39,188) 297.7 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($25,251) ($25,251) ($25,251) 297.8 Increase funds for two burn pods to be used to conduct Class A fire training. State General Funds $150,000 $0 297.9 Transfer funds to the Peace Officer Standards and Training Council (POST) for the Georgia Association of Chiefs of Police. State General Funds ($300,069) 2868 JOURNAL OF THE SENATE 297.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $1,486,742 Sales and Services Not Itemized $339,607 Agency to Agency Contracts $1,017,000 TOTAL PUBLIC FUNDS $2,843,349 297.100 -Public Safety Training Center, Georgia Appropriation (HB 990) The purpose of this appropriation is for the development, delivery and facilitation of training that results in professional and competent public safety services for the people of Georgia. TOTAL STATE FUNDS $13,048,949 $13,178,692 $12,689,435 State General Funds $13,048,949 $13,178,692 $12,689,435 TOTAL FEDERAL FUNDS $1,486,742 Federal Funds Not Itemized $1,486,742 TOTAL AGENCY FUNDS $1,634,073 $1,634,073 $1,973,680 Sales and Services $1,634,073 $1,634,073 $1,973,680 Sales and Services Not Itemized $1,634,073 $1,634,073 $1,973,680 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,017,000 State Funds Transfers $1,017,000 Agency to Agency Contracts $1,017,000 TOTAL PUBLIC FUNDS $14,683,022 $14,812,765 $17,166,857 297.101 Special Project - Public Safety Training Center, Georgia: Increase funds for the North Central Georgia Law Enforcement Academy. State General Funds $250,000 $0 Section 38: Public Service Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Section Total - Continuation $9,965,190 $9,965,190 $9,965,190 $9,965,190 $449,000 $449,000 $449,000 $449,000 $10,414,190 $10,414,190 Section Total - Final $10,349,347 $10,575,837 $10,349,347 $10,575,837 $9,965,190 $9,965,190 $449,000 $449,000 $10,414,190 $10,247,661 $10,247,661 FRIDAY, MARCH 28, 2008 2869 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS $600,000 $600,000 $70,000 $70,000 $11,019,347 $600,000 $600,000 $70,000 $70,000 $11,245,837 $600,000 $600,000 $70,000 $70,000 $10,917,661 Commission Administration Continuation Budget The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 298.1 Increase funds to reflect projected receipts. $1,258,488 $1,258,488 $1,258,488 $1,258,488 $1,258,488 $1,258,488 $1,258,488 $1,258,488 $1,258,488 Sales and Services Not Itemized $70,000 $70,000 $70,000 298.2 Annualize the cost of the FY08 salary adjustment. State General Funds $16,813 $16,813 $16,813 298.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,632 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $10,534 $13,167 $13,167 298.4 Increase funds for performance based salary adjustments. State General Funds $5,267 $0 $0 298.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $615 $615 $615 298.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,141) ($1,141) ($1,141) 298.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $10,029 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($5,078) 298.8 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in 2870 JOURNAL OF THE SENATE the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $6,358 $4,193 $0 298.100 -Commission Administration Appropriation (HB 990) The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,296,934 $1,292,135 $1,282,864 State General Funds $1,296,934 $1,292,135 $1,282,864 TOTAL AGENCY FUNDS $70,000 $70,000 $70,000 Sales and Services $70,000 $70,000 $70,000 Sales and Services Not Itemized $70,000 $70,000 $70,000 TOTAL PUBLIC FUNDS $1,366,934 $1,362,135 $1,352,864 Facility Protection Continuation Budget The purpose of this appropriation is to provide for the protection of the buried utility facility infrastructure within the State of Georgia. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 299.1 Increase funds to reflect projected receipts. $853,658 $853,658 $449,000 $449,000 $1,302,658 $853,658 $853,658 $449,000 $449,000 $1,302,658 $853,658 $853,658 $449,000 $449,000 $1,302,658 Federal Funds Not Itemized $151,000 $151,000 $151,000 299.2 Annualize the cost of the FY08 salary adjustment. State General Funds $8,927 $8,927 $8,927 299.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,708 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $6,833 $8,541 $8,541 299.4 Increase funds for performance based salary adjustments. State General Funds $3,416 $0 $0 299.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $6,506 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) FRIDAY, MARCH 28, 2008 2871 State General Funds $0 $0 ($3,294) 299.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($228) ($228) ($228) 299.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $3,827 $2,524 $0 299.100 -Facility Protection Appropriation (HB 990) The purpose of this appropriation is to provide for the protection of the buried utility facility infrastructure within the State of Georgia. TOTAL STATE FUNDS $876,433 $873,422 $867,604 State General Funds $876,433 $873,422 $867,604 TOTAL FEDERAL FUNDS $600,000 $600,000 $600,000 Federal Funds Not Itemized $600,000 $600,000 $600,000 TOTAL PUBLIC FUNDS $1,476,433 $1,473,422 $1,467,604 Utilities Regulation Continuation Budget The purpose of this appropriation is to regulate intrastate telecommunications, natural gas, and electric utilities. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 300.1 Annualize the cost of the FY08 salary adjustment. $7,853,044 $7,853,044 $7,853,044 $7,853,044 $7,853,044 $7,853,044 $7,853,044 $7,853,044 $7,853,044 State General Funds $102,398 $102,398 $102,398 300.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $15,440 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $61,755 $77,195 $77,195 300.3 Increase funds for performance based salary adjustments. State General Funds $30,878 $0 $0 300.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $58,798 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) 2872 JOURNAL OF THE SENATE State General Funds $0 $0 ($29,772) 300.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($5,324) ($5,324) ($5,324) 300.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $33,577 $22,145 $0 300.7 Increase funds for subject matter experts to monitor nuclear construction. State General Funds $99,652 $360,822 $99,652 300.100 -Utilities Regulation Appropriation (HB 990) The purpose of this appropriation is to regulate intrastate telecommunications, natural gas, and electric utilities. TOTAL STATE FUNDS $8,175,980 $8,410,280 $8,097,193 State General Funds $8,175,980 $8,410,280 $8,097,193 TOTAL PUBLIC FUNDS $8,175,980 $8,410,280 $8,097,193 Section 39: Regents, University System of Georgia TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Section Total - Continuation $2,135,814,859 $2,135,814,859 $2,115,477,060 $2,115,477,060 $20,337,799 $20,337,799 $2,942,009,923 $2,942,009,923 $3,625,810 $3,625,810 $1,650,229,015 $1,650,229,015 $67,791,355 $67,791,355 $1,220,363,743 $1,220,363,743 $5,077,824,782 $5,077,824,782 Section Total - Final $2,296,859,371 $2,299,276,387 $2,275,021,572 $2,277,438,588 $21,837,799 $21,837,799 $3,048,492,960 $3,048,492,960 $3,625,810 $3,625,810 $2,135,814,859 $2,115,477,060 $20,337,799 $2,942,009,923 $3,625,810 $1,650,229,015 $67,791,355 $1,220,363,743 $5,077,824,782 $2,298,174,928 $2,276,337,129 $21,837,799 $3,051,643,714 $3,625,810 FRIDAY, MARCH 28, 2008 2873 Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS $1,687,632,926 $85,607,963 $1,271,626,261 $5,345,352,331 $1,687,632,926 $85,607,963 $1,271,626,261 $5,347,769,347 $1,687,861,729 $85,607,963 $1,274,548,212 $5,349,818,642 Advanced Institute Technology Development Center/Economic Development Continuation Budget The purpose of this appropriation is to provide strategic business advice and connect its member companies to the people and resources they need to succeed. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 301.1 Annualize the cost of the FY08 salary adjustment. $15,099,712 $15,099,712 $12,875,000 $7,875,000 $7,875,000 $5,000,000 $5,000,000 $27,974,712 $15,099,712 $15,099,712 $12,875,000 $7,875,000 $7,875,000 $5,000,000 $5,000,000 $27,974,712 $15,099,712 $15,099,712 $12,875,000 $7,875,000 $7,875,000 $5,000,000 $5,000,000 $27,974,712 State General Funds $129,831 $129,831 $129,831 301.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $22,264 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $89,056 $111,320 $111,320 301.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $44,528 due to revenue estimate change) State General Funds $0 $0 $0 301.4 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $50,873 $50,873 $50,873 301.5 Utilize existing funds ($5,000,000) from the Seed Capital Fund for venture capital for the Georgia Research Alliance. (S:YES) State General Funds $0 301.6 Transfer funds from the life sciences vaccine initiative in the Research Consortium program for venture capital for the Georgia Research Alliance. State General Funds $2,500,000 2874 JOURNAL OF THE SENATE 301.100 -Advanced Technology Development Center/Economic Development Institute Appropriation (HB 990) The purpose of this appropriation is to provide strategic business advice and connect its member companies to the people and resources they need to succeed. TOTAL STATE FUNDS $15,369,472 $15,391,736 $17,891,736 State General Funds $15,369,472 $15,391,736 $17,891,736 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 $28,244,472 $28,266,736 $30,766,736 Agricultural Experiment Station Continuation Budget The purpose of this appropriation is to improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competiveness. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 302.1 Increase funds to reflect projected revenue receipts. $42,936,221 $42,936,221 $32,441,262 $26,604,976 $26,604,976 $1,800,000 $1,800,000 $4,036,286 $4,036,286 $75,377,483 $42,936,221 $42,936,221 $32,441,262 $26,604,976 $26,604,976 $1,800,000 $1,800,000 $4,036,286 $4,036,286 $75,377,483 $42,936,221 $42,936,221 $32,441,262 $26,604,976 $26,604,976 $1,800,000 $1,800,000 $4,036,286 $4,036,286 $75,377,483 Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $646,064 $4,465,593 $5,111,657 $646,064 $4,465,593 $5,111,657 $646,064 $4,465,593 $5,111,657 302.2 Annualize the cost of the FY08 salary adjustment. State General Funds $469,965 $469,965 $469,965 FRIDAY, MARCH 28, 2008 2875 302.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $81,930 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $327,718 $409,648 $409,648 302.4 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $163,859 due to revenue estimate change) State General Funds $0 $0 $0 302.5 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $605,124 $605,124 $605,124 302.6 Increase funds for maintenance and operations. State General Funds $700,000 $700,000 $700,000 302.7 Increase funds for a Food Security Microbiologist. State General Funds $125,000 $125,000 $125,000 302.100 -Agricultural Experiment Station Appropriation (HB 990) The purpose of this appropriation is to improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competiveness. TOTAL STATE FUNDS $45,164,028 $45,245,958 $45,245,958 State General Funds $45,164,028 $45,245,958 $45,245,958 TOTAL AGENCY FUNDS $37,552,919 $37,552,919 $37,552,919 Intergovernmental Transfers $26,604,976 $26,604,976 $26,604,976 Intergovernmental Transfers Not Itemized $26,604,976 $26,604,976 $26,604,976 Rebates, Refunds, and Reimbursements $2,446,064 $2,446,064 $2,446,064 Rebates, Refunds, and Reimbursements Not Itemized $2,446,064 $2,446,064 $2,446,064 Sales and Services $8,501,879 $8,501,879 $8,501,879 Sales and Services Not Itemized $8,501,879 $8,501,879 $8,501,879 TOTAL PUBLIC FUNDS $82,716,947 $82,798,877 $82,798,877 Athens and Tifton Veterinary Laboratories Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS $62,192 $62,192 $4,820,138 $62,192 $62,192 $4,820,138 $62,192 $62,192 $4,820,138 2876 JOURNAL OF THE SENATE Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 303.1 Annualize the cost of the FY08 salary adjustment. $4,820,138 $4,820,138 $4,882,330 $4,820,138 $4,820,138 $4,882,330 $4,820,138 $4,820,138 $4,882,330 Intergovernmental Transfers Not Itemized $62,192 $62,192 $62,192 303.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $6,465 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $25,858 $32,323 $32,323 303.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $12,929 due to revenue estimate change) State General Funds $0 $0 $0 303.4 Transfer FY08 cost of living adjustment funds budgeted to the contract within the Georgia Department of Agriculture. State General Funds ($62,192) ($62,192) ($62,192) Intergovernmental Transfers Not Itemized $62,192 $62,192 $62,192 TOTAL PUBLIC FUNDS $0 $0 $0 303.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 990) 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 $25,858 $32,323 $32,323 State General Funds $25,858 $32,323 $32,323 TOTAL AGENCY FUNDS $4,944,522 $4,944,522 $4,944,522 Intergovernmental Transfers $4,944,522 $4,944,522 $4,944,522 Intergovernmental Transfers Not Itemized $4,944,522 $4,944,522 $4,944,522 TOTAL PUBLIC FUNDS $4,970,380 $4,976,845 $4,976,845 Cooperative Extension Service Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized $35,391,924 $35,391,924 $23,094,137 $20,546,243 $20,546,243 $35,391,924 $35,391,924 $23,094,137 $20,546,243 $20,546,243 $35,391,924 $35,391,924 $23,094,137 $20,546,243 $20,546,243 FRIDAY, MARCH 28, 2008 2877 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 304.1 Increase funds to reflect projected revenue receipts. $125,000 $125,000 $2,422,894 $2,422,894 $58,486,061 $125,000 $125,000 $2,422,894 $2,422,894 $58,486,061 $125,000 $125,000 $2,422,894 $2,422,894 $58,486,061 Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $117,272 $1,872,520 $1,989,792 $117,272 $1,872,520 $1,989,792 $117,272 $1,872,520 $1,989,792 304.2 Annualize the cost of the FY08 salary adjustment. State General Funds $454,250 $454,250 $454,250 304.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $79,006 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $316,022 $395,028 $395,028 304.4 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $158,011 due to revenue estimate change) State General Funds $0 $0 $0 304.5 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $719,194 $719,194 $719,194 304.6 Reduce one-time funds for facilities upgrade at the Vidalia Onion and Vegetable Research Center. (S:Restore funds for operations) State General Funds ($75,000) ($75,000) ($50,000) 304.7 Increase funds for maintenance and operations. State General Funds $300,000 $300,000 $300,000 304.8 Increase funds for six extension agents-in-training. State General Funds $450,000 $450,000 $0 304.9 Increase funds for an Entomologist and Peanut Entomologist. State General Funds $250,000 $250,000 $250,000 304.10 Increase funds for an Agronomist specializing in soybean production for both food and biofuel purposes. State General Funds $150,000 $150,000 2878 JOURNAL OF THE SENATE 304.11 Increase funds to renovate and expand the Tift County Multipurpose Livestock Building. [One-Time Change] State General Funds $125,000 304.12 Increase funds to renovate and expand the Jeff Davis County Multipurpose Livestock Building. [One-Time Change] State General Funds $175,000 304.100 -Cooperative Extension Service Appropriation (HB 990) 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 $37,806,390 $38,035,396 $37,910,396 State General Funds $37,806,390 $38,035,396 $37,910,396 TOTAL AGENCY FUNDS $25,083,929 $25,083,929 $25,083,929 Intergovernmental Transfers $20,546,243 $20,546,243 $20,546,243 Intergovernmental Transfers Not Itemized $20,546,243 $20,546,243 $20,546,243 Rebates, Refunds, and Reimbursements $242,272 $242,272 $242,272 Rebates, Refunds, and Reimbursements Not Itemized $242,272 $242,272 $242,272 Sales and Services $4,295,414 $4,295,414 $4,295,414 Sales and Services Not Itemized $4,295,414 $4,295,414 $4,295,414 TOTAL PUBLIC FUNDS $62,890,319 $63,119,325 $62,994,325 Forestry Cooperative Extension Continuation Budget The purpose of this appropriation 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 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 305.1 Increase funds to reflect projected revenue receipts. $687,388 $687,388 $300,405 $200,000 $200,000 $100,405 $100,405 $987,793 $687,388 $687,388 $300,405 $200,000 $200,000 $100,405 $100,405 $987,793 $687,388 $687,388 $300,405 $200,000 $200,000 $100,405 $100,405 $987,793 Sales and Services Not Itemized $24,012 $24,012 $24,012 305.2 Annualize the cost of the FY08 salary adjustment. FRIDAY, MARCH 28, 2008 2879 State General Funds $9,108 $9,108 $9,108 305.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,645 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $6,579 $8,224 $8,224 305.4 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $3,290 due to revenue estimate change) State General Funds $0 $0 $0 305.5 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $11,170 $11,170 $11,170 305.100 -Forestry Cooperative Extension Appropriation (HB 990) The purpose of this appropriation 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 $714,245 $715,890 $715,890 State General Funds $714,245 $715,890 $715,890 TOTAL AGENCY FUNDS $324,417 $324,417 $324,417 Intergovernmental Transfers $200,000 $200,000 $200,000 Intergovernmental Transfers Not Itemized $200,000 $200,000 $200,000 Sales and Services $124,417 $124,417 $124,417 Sales and Services Not Itemized $124,417 $124,417 $124,417 TOTAL PUBLIC FUNDS $1,038,662 $1,040,307 $1,040,307 Forestry Research Continuation Budget The purpose of this appropriation is to sustain the competitiveness of Georgia's forest products' industry and private land owners through research and meet the environmental goals of the Sustainable Forestry Initiative. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 306.1 Annualize the cost of the FY08 salary adjustment. $3,276,331 $3,276,331 $2,550,000 $2,000,000 $2,000,000 $550,000 $550,000 $5,826,331 $3,276,331 $3,276,331 $2,550,000 $2,000,000 $2,000,000 $550,000 $550,000 $5,826,331 $3,276,331 $3,276,331 $2,550,000 $2,000,000 $2,000,000 $550,000 $550,000 $5,826,331 2880 JOURNAL OF THE SENATE State General Funds $42,002 $42,002 $42,002 306.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $7,905 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $31,620 $39,525 $39,525 306.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $15,810 due to revenue estimate change) State General Funds $0 $0 $0 306.4 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $53,122 $53,122 $53,122 306.97 Increase funds to reflect projected revenue receipts. Intergovernmental Transfers Not Itemized $400,426 306.100 -Forestry Research Appropriation (HB 990) The purpose of this appropriation is to sustain the competitiveness of Georgia's forest products' industry and private land owners through research and meet the environmental goals of the Sustainable Forestry Initiative. TOTAL STATE FUNDS $3,403,075 $3,410,980 $3,410,980 State General Funds $3,403,075 $3,410,980 $3,410,980 TOTAL AGENCY FUNDS $2,550,000 $2,550,000 $2,950,426 Intergovernmental Transfers $2,000,000 $2,000,000 $2,400,426 Intergovernmental Transfers Not Itemized $2,000,000 $2,000,000 $2,400,426 Sales and Services $550,000 $550,000 $550,000 Sales and Services Not Itemized $550,000 $550,000 $550,000 TOTAL PUBLIC FUNDS $5,953,075 $5,960,980 $6,361,406 Georgia Radiation Therapy Center Continuation Budget The purpose of this appropriation is to provide patient care and education. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810 FRIDAY, MARCH 28, 2008 2881 307.100 -Georgia Radiation Therapy Center Appropriation (HB 990) 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 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. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 308.1 Annualize the cost of the FY08 salary adjustment. $7,868,427 $7,868,427 $133,917,958 $78,469,736 $78,469,736 $42,748,222 $42,748,222 $12,700,000 $12,700,000 $141,786,385 $7,868,427 $7,868,427 $133,917,958 $78,469,736 $78,469,736 $42,748,222 $42,748,222 $12,700,000 $12,700,000 $141,786,385 $7,868,427 $7,868,427 $133,917,958 $78,469,736 $78,469,736 $42,748,222 $42,748,222 $12,700,000 $12,700,000 $141,786,385 State General Funds $105,629 $105,629 $105,629 308.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $18,285 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $73,140 $91,425 $91,425 308.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $36,570 due to revenue estimate change) State General Funds $0 $0 $0 308.4 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $32,421 $32,421 $32,421 308.5 Reduce one-time funds received for the Agricultural Technology Research program to replace Ion/High Pressure Liquid Chromatograph. 2882 JOURNAL OF THE SENATE State General Funds ($45,000) ($45,000) ($45,000) 308.100 -Georgia Tech Research Institute Appropriation (HB 990) 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. TOTAL STATE FUNDS $8,034,617 $8,052,902 $8,052,902 State General Funds $8,034,617 $8,052,902 $8,052,902 TOTAL AGENCY FUNDS $133,917,958 $133,917,958 $133,917,958 Intergovernmental Transfers $78,469,736 $78,469,736 $78,469,736 Intergovernmental Transfers Not Itemized $78,469,736 $78,469,736 $78,469,736 Rebates, Refunds, and Reimbursements $42,748,222 $42,748,222 $42,748,222 Rebates, Refunds, and Reimbursements Not Itemized $42,748,222 $42,748,222 $42,748,222 Sales and Services $12,700,000 $12,700,000 $12,700,000 Sales and Services Not Itemized $12,700,000 $12,700,000 $12,700,000 TOTAL PUBLIC FUNDS $141,952,575 $141,970,860 $141,970,860 Marine Institute Continuation Budget The purpose of this appropriation is to understand the processes that affect the condition of the salt marsh and coastline. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS 309.1 Annualize the cost of the FY08 salary adjustment. $964,361 $964,361 $767,633 $700,000 $700,000 $67,633 $67,633 $1,731,994 $964,361 $964,361 $767,633 $700,000 $700,000 $67,633 $67,633 $1,731,994 $964,361 $964,361 $767,633 $700,000 $700,000 $67,633 $67,633 $1,731,994 State General Funds $9,810 $9,810 $9,810 309.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,742 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $6,966 $8,708 $8,708 309.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $3,483 due to revenue estimate change) State General Funds $0 $0 $0 FRIDAY, MARCH 28, 2008 2883 309.4 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $11,722 $11,722 $11,722 309.97 Reduce funds to reflect projected revenue receipts. Intergovernmental Transfers Not Itemized ($332,352) 309.100 -Marine Institute Appropriation (HB 990) The purpose of this appropriation is to understand the processes that affect the condition of the salt marsh and coastline. TOTAL STATE FUNDS $992,859 $994,601 $994,601 State General Funds $992,859 $994,601 $994,601 TOTAL AGENCY FUNDS $767,633 $767,633 $435,281 Intergovernmental Transfers $700,000 $700,000 $367,648 Intergovernmental Transfers Not Itemized $700,000 $700,000 $367,648 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 $1,760,492 $1,762,234 $1,429,882 Marine Resources Extension Center Continuation Budget The purpose of this appropriation is to transfer technology, provide training, and conduct applied research. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 310.1 Annualize the cost of the FY08 salary adjustment. $1,576,721 $1,576,721 $1,184,800 $600,000 $600,000 $90,000 $90,000 $494,800 $494,800 $2,761,521 $1,576,721 $1,576,721 $1,184,800 $600,000 $600,000 $90,000 $90,000 $494,800 $494,800 $2,761,521 $1,576,721 $1,576,721 $1,184,800 $600,000 $600,000 $90,000 $90,000 $494,800 $494,800 $2,761,521 State General Funds $17,242 $17,242 $17,242 310.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,263 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $13,053 $16,316 $16,316 2884 JOURNAL OF THE SENATE 310.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $6,527 due to revenue estimate change) State General Funds $0 $0 $0 310.4 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $18,070 $18,070 $18,070 310.97 Increase funds to reflect projected revenue receipts. Intergovernmental Transfers Not Itemized $160,729 310.100 -Marine Resources Extension Center Appropriation (HB 990) The purpose of this appropriation is to transfer technology, provide training, and conduct applied research. TOTAL STATE FUNDS $1,625,086 $1,628,349 $1,628,349 State General Funds $1,625,086 $1,628,349 $1,628,349 TOTAL AGENCY FUNDS $1,184,800 $1,184,800 $1,345,529 Intergovernmental Transfers $600,000 $600,000 $760,729 Intergovernmental Transfers Not Itemized $600,000 $600,000 $760,729 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 $2,809,886 $2,813,149 $2,973,878 Medical College of Georgia Hospital and Clinics Continuation Budget The purpose of this appropriation is to care, teach, and refer clients. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 311.1 Annualize the cost of the FY08 salary adjustment. $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 State General Funds $397,018 $397,018 $397,018 311.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $68,718 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $274,873 $343,591 $343,591 311.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $137,437 due to revenue estimate change) State General Funds $0 $0 $0 FRIDAY, MARCH 28, 2008 2885 311.100 -Medical College of Georgia Hospital and Clinics The purpose of this appropriation is to care, teach, and refer clients. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 990) $33,853,003 $33,853,003 $33,853,003 $33,921,721 $33,921,721 $33,921,721 $33,921,721 $33,921,721 $33,921,721 Office of Minority Business Enterprise Continuation Budget The purpose of this appropriation is to provide assistance in the mitigation of factors that place minority businesses in a disadvantaged position. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 312.1 Annualize the cost of the FY08 salary adjustment. $884,273 $884,273 $884,273 $884,273 $884,273 $884,273 $884,273 $884,273 $884,273 State General Funds $6,910 $6,910 $6,910 312.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,136 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $4,545 $5,681 $5,681 312.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $2,273 due to revenue estimate change) State General Funds $0 $0 $0 312.4 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $9,526 $9,526 $9,526 312.100 -Office of Minority Business Enterprise Appropriation (HB 990) The purpose of this appropriation is to provide assistance in the mitigation of factors that place minority businesses in a disadvantaged position. TOTAL STATE FUNDS $905,254 $906,390 $906,390 State General Funds $905,254 $906,390 $906,390 TOTAL PUBLIC FUNDS $905,254 $906,390 $906,390 Payments to the Georgia Cancer Coalition Continuation Budget The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and preventative measures. TOTAL STATE FUNDS $14,587,799 $14,587,799 $14,587,799 2886 JOURNAL OF THE SENATE State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS 313.1 Reduce funds received for the cancer cohort study. $0 $14,587,799 $14,587,799 $0 $14,587,799 $14,587,799 $0 $14,587,799 $14,587,799 Tobacco Settlement Funds ($200,000) ($200,000) ($200,000) 313.2 Reduce funds from the Faith-Based and Workplace Initiative. Tobacco Settlement Funds ($50,000) ($50,000) ($50,000) 313.3 Increase funds for the National Community Cancer Center Program. Tobacco Settlement Funds $150,000 $150,000 $150,000 313.4 Increase funds for tumor tissue banking. Tobacco Settlement Funds $100,000 $100,000 $100,000 313.5 Transfer funds from the Department of Community Health for Regional Cancer Coalitions. (H and S:Redirect core funding of $250,000 for each Regional Cancer Coalition: Central Georgia Cancer Coalition, East Georgia Cancer Coalition, Northwest Georgia Regional Cancer Coalition, Southeast Georgia Cancer Alliance, Southwest Georgia Cancer Coalition, and West Central Georgia Cancer Coalition from the Department of Community Health to the Board of Regents.) Tobacco Settlement Funds $1,500,000 $1,500,000 $1,500,000 313.6 Utilize existing funds to continue the development of the Quality Information Exchange. (G:YES)(H:YES)(S:YES) Tobacco Settlement Funds $0 $0 $0 313.100 -Payments to the Georgia Cancer Coalition Appropriation (HB 990) The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and preventative measures. TOTAL STATE FUNDS $16,087,799 $16,087,799 $16,087,799 Tobacco Settlement Funds $16,087,799 $16,087,799 $16,087,799 TOTAL PUBLIC FUNDS $16,087,799 $16,087,799 $16,087,799 Public Libraries Continuation Budget The purpose of this appropriation is to provide library services for Georgians and to award grants from the Public Library Fund. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized $41,015,101 $41,015,101 $4,522,400 $4,522,400 $4,522,400 $41,015,101 $41,015,101 $4,522,400 $4,522,400 $4,522,400 $41,015,101 $41,015,101 $4,522,400 $4,522,400 $4,522,400 FRIDAY, MARCH 28, 2008 2887 TOTAL PUBLIC FUNDS 314.1 Annualize the cost of the FY08 salary adjustment. $45,537,501 $45,537,501 $45,537,501 State General Funds $314,188 $314,188 $314,188 314.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $51,823 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $207,293 $259,116 $259,116 314.3 Increase funds for performance based salary adjustments. State General Funds $103,647 $0 $0 314.4 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $9,122 $9,122 $9,122 314.5 Reduce one-time funds received for equipment. State General Funds ($109,000) ($109,000) ($109,000) 314.6 Increase funds to expand the Public Information Network for Electronic Services (PINES) library network to broaden service and access to system library resources. (G:Reduce by $579,714 due to revenue estimate change) State General Funds $0 $579,714 $579,714 314.7 Increase funds to upgrade telecommunication lines. State General Funds $240,588 $240,588 $240,588 314.8 Increase funds for the New Directions funding formula based on an increase in state population. State General Funds $125,431 $125,431 $125,431 314.9 Increase funds for the New Directions funding formula for materials and books. (G, H, and S:Reduce by $1,000,000 due to revenue estimate change) State General Funds $0 $0 $0 314.10 Reduce funds to reflect the correct employer share percentage for State Health Benefit Plan premiums for library employees of 18.534% rather than 22.843%. State General Funds ($685,605) ($685,605) 314.100 -Public Libraries Appropriation (HB 990) The purpose of this appropriation is to provide library services for Georgians and to award grants from the Public Library Fund. TOTAL STATE FUNDS $41,906,370 $41,748,655 $41,748,655 State General Funds $41,906,370 $41,748,655 $41,748,655 2888 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $4,522,400 $4,522,400 $4,522,400 $46,428,770 $4,522,400 $4,522,400 $4,522,400 $46,271,055 $4,522,400 $4,522,400 $4,522,400 $46,271,055 Public Service / Special Funding Initiatives Continuation Budget The purpose of this appropriation is to provide leadership, service, and education. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS 315.1 Annualize the cost of the FY08 salary adjustment. $46,081,344 $41,081,344 $5,000,000 $46,081,344 $46,081,344 $41,081,344 $5,000,000 $46,081,344 $46,081,344 $41,081,344 $5,000,000 $46,081,344 State General Funds $161,903 $161,903 $161,903 315.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $71,536 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $286,144 $357,680 $357,680 315.3 Eliminate funds for the Georgia Water Policy Research Center. (H:Reduce funds from the base budget to reflect the appropriation in line 315.101 for the Georgia Water Policy Research Center at Albany State University)(S:Reduce funds from the base budget to reflect the appropriation in line 315.101 for the Georgia Water Policy Research Center at Albany State University and Georgia Southern University) State General Funds ($360,000) ($360,000) ($360,000) 315.4 Eliminate one-time funds for the Washington Center for Internship and Academic Seminars. State General Funds ($45,000) $0 $0 315.5 Increase funds to support the start-up of Georgia Gwinnett College. State General Funds $6,500,000 $6,500,000 $6,500,000 315.6 Eliminate one-time funds for the Chattahoochee Hills-South Fulton study. State General Funds ($150,000) ($150,000) ($150,000) 315.100 -Public Service / Special Funding Initiatives Appropriation (HB 990) The purpose of this appropriation is to provide leadership, service, and education. TOTAL STATE FUNDS $52,474,391 $52,590,927 $52,590,927 State General Funds $47,474,391 $47,590,927 $47,590,927 FRIDAY, MARCH 28, 2008 2889 Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $52,474,391 $52,590,927 $52,590,927 315.101 Special Project - Public Service / Special Funding Initiatives: Increase funds for the Georgia Water Policy Research Center at Albany State University. (S:Increase funds for the Georgia Water Policy Research Center at Albany State University and Georgia Southern University) State General Funds $180,000 $360,000 315.102 Special Project - Public Service / Special Funding Initiatives: Increase funds for operating expenses for the University of Georgia at Oxford study abroad program. State General Funds $75,000 Regents Central Office Continuation Budget The purpose of this appropriation is to provide administrative support to all colleges and universities in the university system. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 316.1 Annualize the cost of the FY08 salary adjustment. $7,683,800 $7,683,800 $7,683,800 $7,683,800 $7,683,800 $7,683,800 $7,683,800 $7,683,800 $7,683,800 State General Funds $96,340 $96,340 $96,340 316.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $14,928 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $59,712 $74,640 $74,640 316.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $29,856 due to revenue estimate change) State General Funds $0 $0 $0 316.4 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $55,501 $55,501 $55,501 316.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($34,667) ($34,667) ($34,667) 316.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $89,642 $59,120 $0 316.7 Increase funds for Southern Regional Education Board (SREB) dues and the Regional Contract program to meet actual 2890 JOURNAL OF THE SENATE contract costs. State General Funds $105,650 $105,650 $105,650 316.100 -Regents Central Office Appropriation (HB 990) The purpose of this appropriation is to provide administrative support to all colleges and universities in the university system. TOTAL STATE FUNDS $8,055,978 $8,040,384 $7,981,264 State General Funds $8,055,978 $8,040,384 $7,981,264 TOTAL PUBLIC FUNDS $8,055,978 $8,040,384 $7,981,264 Research Consortium Continuation Budget The purpose of this appropriation is to conduct research to further industry in the State of Georgia. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS 317.1 Annualize the cost of the FY08 salary adjustment. $36,745,015 $35,995,015 $750,000 $36,745,015 $36,745,015 $35,995,015 $750,000 $36,745,015 $36,745,015 $35,995,015 $750,000 $36,745,015 State General Funds $236,072 $236,072 $236,072 317.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $40,582 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $162,326 $202,908 $202,908 317.3 Reduce funds from the life sciences vaccine initiative. (S:Transfer $1,000,000 to the Advanced Technology Development Center/Economic Development Institute program for Georgia Research Alliance venture capital) State General Funds ($5,000,000) ($5,000,000) ($5,000,000) 317.4 Increase funds for the Georgia Research Alliance venture capital. (S:Fund in the Advanced Technology Development Center/Economic Development Institute) State General Funds $5,000,000 $0 $0 317.100 -Research Consortium Appropriation (HB 990) The purpose of this appropriation is to conduct research to further industry in the State of Georgia. TOTAL STATE FUNDS $37,143,413 $32,183,995 $32,183,995 State General Funds $36,393,413 $31,433,995 $31,433,995 Tobacco Settlement Funds $750,000 $750,000 $750,000 TOTAL PUBLIC FUNDS $37,143,413 $32,183,995 $32,183,995 FRIDAY, MARCH 28, 2008 2891 Skidaway Institute of Oceanography Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 318.1 Annualize the cost of the FY08 salary adjustment. $1,712,710 $1,712,710 $4,758,000 $3,613,000 $3,613,000 $1,145,000 $1,145,000 $6,470,710 $1,712,710 $1,712,710 $4,758,000 $3,613,000 $3,613,000 $1,145,000 $1,145,000 $6,470,710 $1,712,710 $1,712,710 $4,758,000 $3,613,000 $3,613,000 $1,145,000 $1,145,000 $6,470,710 State General Funds $19,115 $19,115 $19,115 318.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,885 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $11,538 $14,423 $14,423 318.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $5,769 due to revenue estimate change) State General Funds $0 $0 $0 318.4 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $13,489 $13,489 $13,489 318.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($2,765) ($2,765) ($2,765) 318.100 -Skidaway Institute of Oceanography Appropriation (HB 990) 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 $1,754,087 $1,756,972 $1,756,972 State General Funds $1,754,087 $1,756,972 $1,756,972 TOTAL AGENCY FUNDS $4,758,000 $4,758,000 $4,758,000 Intergovernmental Transfers $3,613,000 $3,613,000 $3,613,000 Intergovernmental Transfers Not Itemized $3,613,000 $3,613,000 $3,613,000 Sales and Services $1,145,000 $1,145,000 $1,145,000 2892 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,145,000 $6,512,087 $1,145,000 $6,514,972 $1,145,000 $6,514,972 Student Education Enrichment Program Continuation Budget The purpose of this appropriation is to provide underrepresented Georgia residents the opportunity to acquire educational experiences. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 319.1 Annualize the cost of the FY08 salary adjustment. $314,737 $314,737 $314,737 $314,737 $314,737 $314,737 $314,737 $314,737 $314,737 State General Funds $1,660 $1,660 $1,660 319.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $300 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $1,199 $1,499 $1,499 319.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $600 due to revenue estimate change) State General Funds $0 $0 $0 319.4 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $4,481 $4,481 $4,481 319.100 -Student Education Enrichment Program Appropriation (HB 990) The purpose of this appropriation is to provide underrepresented Georgia residents the opportunity to acquire educational experiences. TOTAL STATE FUNDS $322,077 $322,377 $322,377 State General Funds $322,077 $322,377 $322,377 TOTAL PUBLIC FUNDS $322,077 $322,377 $322,377 Teaching Continuation Budget The purpose of this appropriation 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 State General Funds TOTAL AGENCY FUNDS $1,820,227,086 $1,820,227,086 $1,820,227,086 $1,820,227,086 $1,820,227,086 $1,820,227,086 $2,710,452,380 $2,710,452,380 $2,710,452,380 FRIDAY, MARCH 28, 2008 2893 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 320.1 Increase funds to reflect projected revenue receipts. $1,500,277,522 $1,500,277,522 $22,960,500 $22,960,500 $1,187,214,358 $1,187,214,358 $4,530,679,466 $1,500,277,522 $1,500,277,522 $22,960,500 $22,960,500 $1,187,214,358 $1,187,214,358 $4,530,679,466 $1,500,277,522 $1,500,277,522 $22,960,500 $22,960,500 $1,187,214,358 $1,187,214,358 $4,530,679,466 Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $37,279,527 $17,053,272 $44,900,393 $99,233,192 $37,279,527 $17,053,272 $44,900,393 $99,233,192 $37,279,527 $17,053,272 $44,900,393 $99,233,192 320.2 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $24,341,672 $24,341,672 $21,234,057 320.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $4,410,397 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $17,641,597 $22,051,994 $22,051,994 320.4 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,615,553) ($1,615,553) ($1,615,553) 320.5 Increase funds for the Board of Regents' Retiree Health Benefit Fund to cover a portion of the Other Post Employment Benefits (OPEB) liability. (G, H, and S:Reduce by $14,464,286 due to revenue estimate change) State General Funds $0 $0 $0 320.6 Reduce one-time funds received for township studies for the Carl Vinson Institute of Government. State General Funds ($400,000) ($400,000) ($400,000) 320.7 Reduce one-time funds received for township studies for the Fort Valley Cooperative Energy Program. State General Funds ($100,000) ($100,000) ($100,000) 320.8 Reduce one-time funds received for charter school funding for Valdosta State University. State General Funds ($125,000) ($125,000) ($125,000) 320.9 Reduce one-time funds received for the Medical College of Georgia dental school design. State General Funds ($5,000,000) ($5,000,000) ($5,000,000) 2894 JOURNAL OF THE SENATE 320.10 Reduce one-time funds received for the Middle Georgia College outdoor education center. State General Funds ($375,000) ($375,000) ($375,000) 320.11 Reduce one-time funds received for the Darton College roof repair. State General Funds ($75,000) $0 ($75,000) 320.12 Reduce one-time funds received for the Kennesaw State University physical education addition. State General Funds ($100,000) ($100,000) ($100,000) 320.13 Reduce one-time funds received for the University of Georgia-Griffin campus infrastructure. State General Funds ($1,300,000) ($1,300,000) ($1,300,000) 320.14 Increase funds for infrastructure needs at the UGA-Griffin campus. (G:Reduce by $800,000 due to revenue estimate change) [One-Time Change] State General Funds $0 $800,000 $800,000 320.15 Increase funds for enrollment growth based on a 3.36% increase in semester credit hours and operating expenses related to additional square footage. State General Funds $114,715,169 $114,715,169 $114,715,169 320.16 Increase funds for the debt service payback adjustment for the Olympic dormitories at Georgia Tech and Georgia State University. State General Funds $7,831,878 $7,831,878 $7,831,878 320.17 Increase funds for Major Repairs and Renovations (MRR) to reflect a four-year phase-in to fund MRR in cash rather than bonds. (G, H, and S:Reduce by $35,000,000 due to revenue estimate change and fund with bonds) State General Funds ($17,500,000) ($17,500,000) ($17,500,000) 320.18 Increase funds for the Medical College of Georgia for faculty and operating expenses to expand the medical school capacity. State General Funds $7,161,000 $7,161,000 $7,161,000 320.19 Increase funds for scholarship support in the establishment of Collegiate Sports Programs for Students with Disabilities. State General Funds $773,080 $0 320.20 Increase funds for the production of Braille college text materials. State General Funds $500,000 $0 320.21 Increase funds to renovate the Cyber Crime and Homeland Security facility at Armstrong State University. State General Funds $63,900 $0 FRIDAY, MARCH 28, 2008 2895 320.22 Transfer funds to the Teachers' Retirement System per HB815 (2008 Session). State General Funds ($121,000) 320.23 Increase funds for the Georgia Tech Regional Engineering Program (GTREP) at Georgia Tech - Savannah to study tidal power. State General Funds $20,000 320.100 -Teaching Appropriation (HB 990) The purpose of this appropriation 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 $1,965,327,849 $1,971,950,226 $1,967,329,631 State General Funds $1,965,327,849 $1,971,950,226 $1,967,329,631 TOTAL AGENCY FUNDS $2,809,685,572 $2,809,685,572 $2,809,685,572 Intergovernmental Transfers $1,537,557,049 $1,537,557,049 $1,537,557,049 Intergovernmental Transfers Not Itemized $1,537,557,049 $1,537,557,049 $1,537,557,049 Rebates, Refunds, and Reimbursements $40,013,772 $40,013,772 $40,013,772 Rebates, Refunds, and Reimbursements Not Itemized $40,013,772 $40,013,772 $40,013,772 Sales and Services $1,232,114,751 $1,232,114,751 $1,232,114,751 Sales and Services Not Itemized $1,232,114,751 $1,232,114,751 $1,232,114,751 TOTAL PUBLIC FUNDS $4,775,013,421 $4,781,635,798 $4,777,015,203 320.101 Special Project - Teaching: Increase funds for the planning and implementation of a program at Kennesaw State University for disadvantaged youth. State General Funds $200,000 $200,000 Veterinary Medicine Experiment Station Continuation Budget The purpose of this appropriation 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 State General Funds TOTAL PUBLIC FUNDS 321.1 Annualize the cost of the FY08 salary adjustment. $3,384,254 $3,384,254 $3,384,254 $3,384,254 $3,384,254 $3,384,254 $3,384,254 $3,384,254 $3,384,254 State General Funds $38,569 $38,569 $38,569 321.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $6,430 for a 2% cost of living adjustment due to revenue estimate change) 2896 JOURNAL OF THE SENATE State General Funds $25,719 $32,149 $32,149 321.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $12,860 due to revenue estimate change) State General Funds $0 $0 $0 321.4 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $49,292 $49,292 $49,292 321.100 -Veterinary Medicine Experiment Station Appropriation (HB 990) The purpose of this appropriation 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 $3,497,834 $3,504,264 $3,504,264 State General Funds $3,497,834 $3,504,264 $3,504,264 TOTAL PUBLIC FUNDS $3,497,834 $3,504,264 $3,504,264 Veterinary Medicine Teaching Hospital Continuation Budget The purpose of this appropriation 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 322.1 Annualize the cost of the FY08 salary adjustment. $502,585 $502,585 $6,700,000 $6,700,000 $6,700,000 $7,202,585 $502,585 $502,585 $6,700,000 $6,700,000 $6,700,000 $7,202,585 $502,585 $502,585 $6,700,000 $6,700,000 $6,700,000 $7,202,585 State General Funds $4,176 $4,176 $4,176 322.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $731 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $2,925 $3,656 $3,656 322.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $1,463 due to revenue estimate change) State General Funds $0 $0 $0 322.4 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health premiums. State General Funds $57,922 $57,922 $57,922 322.97 Increase funds to reflect projected revenue receipts. FRIDAY, MARCH 28, 2008 2897 Sales and Services Not Itemized $2,921,951 322.100 -Veterinary Medicine Teaching Hospital Appropriation (HB 990) The purpose of this appropriation 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 $567,608 $568,339 $568,339 State General Funds $567,608 $568,339 $568,339 TOTAL AGENCY FUNDS $6,700,000 $6,700,000 $9,621,951 Sales and Services $6,700,000 $6,700,000 $9,621,951 Sales and Services Not Itemized $6,700,000 $6,700,000 $9,621,951 TOTAL PUBLIC FUNDS $7,267,608 $7,268,339 $10,190,290 Payments to Georgia Military College Continuation Budget The purpose of this appropriation is to provide quality basic education funding for grades six through 12. TOTAL STATE FUNDS $3,062,152 State General Funds $3,062,152 TOTAL PUBLIC FUNDS $3,062,152 323.1 Reduce funds to reflect an adjustment in Workers' Compensation premiums. $3,062,152 $3,062,152 $3,062,152 $3,062,152 $3,062,152 $3,062,152 State General Funds ($35,818) ($35,818) ($35,818) 323.2 Increase Quality Basic Education (QBE) funds for the preparatory school. State General Funds $36,582 $36,582 $36,582 323.100 -Payments to Georgia Military College Appropriation (HB 990) The purpose of this appropriation is to provide quality basic education funding for grades six through 12. TOTAL STATE FUNDS $3,062,916 $3,062,916 $3,062,916 State General Funds $3,062,916 $3,062,916 $3,062,916 TOTAL PUBLIC FUNDS $3,062,916 $3,062,916 $3,062,916 Payments to Public Telecommunications Commission, Georgia Continuation Budget The purpose of this appropriation 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 State General Funds TOTAL PUBLIC FUNDS $18,069,614 $18,069,614 $18,069,614 $18,069,614 $18,069,614 $18,069,614 $18,069,614 $18,069,614 $18,069,614 2898 JOURNAL OF THE SENATE 324.1 Annualize the cost of the FY08 salary adjustment. State General Funds $82,597 $82,597 $82,597 324.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $20.572 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $82,287 $102,859 $102,859 324.3 Increase funds for performance based salary adjustments. State General Funds $41,144 $0 $0 324.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $97,206 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($49,220) 324.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($14,307) ($14,307) ($14,307) 324.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $3,827 $2,524 $0 324.100 -Payments to Public Telecommunications Commission, Georgia Appropriation (HB 990) The purpose of this appropriation 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 $18,265,162 $18,243,287 $18,191,543 State General Funds $18,265,162 $18,243,287 $18,191,543 TOTAL PUBLIC FUNDS $18,265,162 $18,243,287 $18,191,543 Georgia Eminent Scholars Endowment Trust Fund Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 FRIDAY, MARCH 28, 2008 2899 400.1 Increase funds for Eminent Scholars at Georgia Southern University and Kennesaw State University. State General Funds $1,000,000 400.100 -Georgia Eminent Scholars Endowment Trust Fund Appropriation (HB 990) 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 $1,500,000 State General Funds $500,000 $500,000 $1,500,000 TOTAL PUBLIC FUNDS $500,000 $500,000 $1,500,000 Section 40: Revenue, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $554,241,659 $554,241,659 $554,091,659 $554,091,659 $150,000 $150,000 $7,005,348 $7,005,348 $426,769 $426,769 $6,578,579 $6,578,579 $561,247,007 $561,247,007 Section Total - Final $560,825,158 $560,825,479 $560,675,158 $560,675,479 $150,000 $150,000 $397,422 $397,422 $397,422 $397,422 $19,348,848 $19,348,848 $426,769 $426,769 $4,342,000 $4,342,000 $14,580,079 $14,580,079 $580,571,428 $580,571,749 $554,241,659 $554,091,659 $150,000 $7,005,348 $426,769 $6,578,579 $561,247,007 $560,393,741 $560,243,741 $150,000 $397,422 $397,422 $19,348,848 $426,769 $4,342,000 $14,580,079 $580,140,011 Customer Service Continuation Budget The purpose of this appropriation is to assure that all state revenue collection activities proceed in a manner consistent with 2900 JOURNAL OF THE SENATE promoting voluntary compliance and the Taxpayer Bill of Rights. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 325.1 Annualize the cost of the FY08 salary adjustment. $11,289,216 $11,289,216 $2,110,135 $2,110,135 $2,110,135 $13,399,351 $11,289,216 $11,289,216 $2,110,135 $2,110,135 $2,110,135 $13,399,351 $11,289,216 $11,289,216 $2,110,135 $2,110,135 $2,110,135 $13,399,351 State General Funds $118,745 $118,745 $118,745 325.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $19,406 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $77,625 $97,031 $97,031 325.3 Increase funds for performance based salary adjustments. State General Funds $38,813 $0 $0 325.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $71,790 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($36,351) 325.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($4,403) ($4,403) ($4,403) 325.98 Specifically identify projected revenue receipts. Sales and Services Not Itemized $0 TOTAL PUBLIC FUNDS $0 325.100 -Customer Service Appropriation (HB 990) 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 $11,519,996 $11,500,589 $11,464,238 State General Funds $11,519,996 $11,500,589 $11,464,238 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 FRIDAY, MARCH 28, 2008 2901 TOTAL PUBLIC FUNDS $13,630,131 $13,610,724 $13,574,373 Departmental Administration Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 326.1 Increase funds to reflect projected revenue receipts. $4,070,980 $4,070,980 $4,070,980 $4,070,980 $4,070,980 $4,070,980 $4,070,980 $4,070,980 $4,070,980 Sales and Services Not Itemized $375,000 $375,000 $375,000 326.2 Annualize the cost of the FY08 salary adjustment. State General Funds $64,403 $64,403 $64,403 326.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $6,884 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $27,536 $34,420 $34,420 326.4 Increase funds for performance based salary adjustments. State General Funds $13,768 $0 $0 326.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $25,466 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($12,895) 326.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($964) ($964) ($964) 326.100 -Departmental Administration Appropriation (HB 990) 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 $4,175,723 $4,168,839 $4,155,944 State General Funds $4,175,723 $4,168,839 $4,155,944 TOTAL AGENCY FUNDS $375,000 $375,000 $375,000 Sales and Services $375,000 $375,000 $375,000 Sales and Services Not Itemized $375,000 $375,000 $375,000 2902 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $4,550,723 $4,543,839 $4,530,944 Homeowner Tax Relief Grants Continuation Budget The purpose of this appropriation is to provide homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $8,000 for the taxable year beginning January 1, 2007 and is separate and distinct from the homestead exemption of $2,000 in O.C.G.A 48-5-44. TOTAL STATE FUNDS $428,290,501 $428,290,501 $428,290,501 State General Funds $428,290,501 $428,290,501 $428,290,501 TOTAL PUBLIC FUNDS $428,290,501 $428,290,501 $428,290,501 327.1 Increase funds based on 1.84% annual growth. (G and H:Reduce by $10,497,034 due to revenue estimate change) State General Funds $0 $0 $0 327.99 SAC: The purpose of this appropriation is to provide homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $8,000 for the taxable year beginning January 1, 2008 and is separate and distinct from the homestead exemption of $2,000 in O.C.G.A. 48-5-44. House: The purpose of this appropriation is to provide homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $8,000 for the taxable year beginning January 1, 2007 and is separate and distinct from the homestead exemption of $2,000 in O.C.G.A. 48-5-44. Gov Rev: The purpose of this appropriation is to provide homeowner tax relief grants to counties and local school districts. State General Funds $0 $0 $0 327.100 -Homeowner Tax Relief Grants Appropriation (HB 990) The purpose of this appropriation is to provide homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $8,000 for the taxable year beginning January 1, 2008 and is separate and distinct from the homestead exemption of $2,000 in O.C.G.A. 48-5-44. TOTAL STATE FUNDS $428,290,501 $428,290,501 $428,290,501 State General Funds $428,290,501 $428,290,501 $428,290,501 TOTAL PUBLIC FUNDS $428,290,501 $428,290,501 $428,290,501 Industry Regulation Continuation Budget 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 State General Funds Tobacco Settlement Funds $4,879,168 $4,729,168 $150,000 $4,879,168 $4,729,168 $150,000 $4,879,168 $4,729,168 $150,000 FRIDAY, MARCH 28, 2008 2903 TOTAL PUBLIC FUNDS 328.1 Increase funds to reflect projected revenue receipts. $4,879,168 $4,879,168 $4,879,168 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $187,422 $187,422 $187,422 $187,422 $187,422 $187,422 328.2 Annualize the cost of the FY08 salary adjustment. State General Funds $67,677 $67,677 $67,677 328.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $7,641 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $30,563 $38,204 $38,204 328.4 Increase funds for performance based salary adjustments. State General Funds $15,282 $0 $0 328.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $28,266 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($14,313) 328.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,502) ($1,502) ($1,502) 328.100 -Industry Regulation Appropriation (HB 990) 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 $4,991,188 $4,983,547 $4,969,234 State General Funds $4,841,188 $4,833,547 $4,819,234 Tobacco Settlement Funds $150,000 $150,000 $150,000 TOTAL FEDERAL FUNDS $187,422 $187,422 $187,422 Federal Funds Not Itemized $187,422 $187,422 $187,422 TOTAL PUBLIC FUNDS $5,178,610 $5,170,969 $5,156,656 Local Tax Officials Retirement and FICA TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 2904 JOURNAL OF THE SENATE 329.1 Utilize one-time funds ($284,084) added in HB95 (FY08) to meet obligations to the Employees Retirement System for local tax officials retirement. (G:YES)(H:YES)(S:YES) State General Funds 329.100 -Local Tax Officials Retirement and FICA TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $0 $0 $0 Appropriation (HB 990) $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 Revenue Processing Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS 330.1 Annualize the cost of the FY08 salary adjustment. $41,637,960 $41,637,960 $426,769 $426,769 $426,769 $42,064,729 $41,637,960 $41,637,960 $426,769 $426,769 $426,769 $42,064,729 $41,637,960 $41,637,960 $426,769 $426,769 $426,769 $42,064,729 State General Funds $412,316 $412,316 $412,316 330.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $48,391 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $193,562 $241,953 $241,953 330.3 Increase funds for performance based salary adjustments. State General Funds $96,781 $0 $0 330.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $179,011 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($90,642) 330.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($10,721) ($10,721) ($10,721) 330.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. FRIDAY, MARCH 28, 2008 2905 (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $45,420 $29,955 $0 330.100 -Revenue Processing Appropriation (HB 990) 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 $42,375,318 $42,311,463 $42,190,866 State General Funds $42,375,318 $42,311,463 $42,190,866 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 $42,802,087 $42,738,232 $42,617,635 Salvage Inspection Continuation Budget The purpose of this appropriation is to inspect rebuilt salvage vehicles. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 331.1 Annualize the cost of the FY08 salary adjustment. $1,671,368 $1,671,368 $1,671,368 $1,671,368 $1,671,368 $1,671,368 $1,671,368 $1,671,368 $1,671,368 State General Funds $24,174 $24,174 $24,174 331.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,944 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $11,776 $14,720 $14,720 331.3 Increase funds for performance based salary adjustments. State General Funds $5,888 $0 $0 331.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $10,891 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($5,515) 331.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($614) ($614) ($614) 2906 JOURNAL OF THE SENATE 331.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $6,923 $4,566 $0 331.100 -Salvage Inspection Appropriation (HB 990) The purpose of this appropriation is to inspect rebuilt salvage vehicles. TOTAL STATE FUNDS $1,719,515 $1,714,214 $1,704,133 State General Funds $1,719,515 $1,714,214 $1,704,133 TOTAL PUBLIC FUNDS $1,719,515 $1,714,214 $1,704,133 State Board of Equalization Continuation Budget 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 $5,000 332.100 -State Board of Equalization Appropriation (HB 990) 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 of this appropriation is to establish motor vehicle ownership. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $23,185,574 $23,185,574 $652,681 $652,681 $652,681 $23,838,255 $23,185,574 $23,185,574 $652,681 $652,681 $652,681 $23,838,255 $23,185,574 $23,185,574 $652,681 $652,681 $652,681 $23,838,255 FRIDAY, MARCH 28, 2008 2907 333.1 Increase funds to reflect projected revenue receipts. Sales and Services Not Itemized TOTAL PUBLIC FUNDS $147,319 $147,319 $147,319 $147,319 $147,319 $147,319 333.2 Annualize the cost of the FY08 salary adjustment. State General Funds $198,318 $198,318 $198,318 333.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $22,637 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $90,550 $113,187 $113,187 333.4 Increase funds for performance based salary adjustments. State General Funds $45,275 $0 $0 333.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $83,742 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($42,403) 333.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($5,437) ($5,437) ($5,437) 333.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $40,902 $26,976 $0 333.8 Increase funds to purchase proper inventory of motor vehicle tags and registration cards and to implement digital plate manufacturing technology. (G and H:Reduce by $323,750 due to revenue estimate change) State General Funds $2,958,500 $2,958,500 $2,895,700 333.100 -Tag and Title Registration Appropriation (HB 990) The purpose of this appropriation is to establish motor vehicle ownership. TOTAL STATE FUNDS $26,513,682 $26,477,118 $26,344,939 State General Funds $26,513,682 $26,477,118 $26,344,939 TOTAL AGENCY FUNDS $800,000 $800,000 $800,000 Sales and Services $800,000 $800,000 $800,000 Sales and Services Not Itemized $800,000 $800,000 $800,000 2908 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $27,313,682 $27,277,118 $27,144,939 Tax Compliance Continuation Budget The purpose of this appropriation is to ensure that all taxpayers pay the correct amount of taxes owed under the law. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 334.1 Increase funds to reflect projected revenue receipts. $34,062,729 $34,062,729 $3,815,763 $3,815,763 $3,815,763 $37,878,492 $34,062,729 $34,062,729 $3,815,763 $3,815,763 $3,815,763 $37,878,492 $34,062,729 $34,062,729 $3,815,763 $3,815,763 $3,815,763 $37,878,492 Federal Funds Not Itemized Intergovernmental Transfers Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $210,000 $4,342,000 $7,479,181 $12,031,181 $210,000 $4,342,000 $7,479,181 $12,031,181 $210,000 $4,342,000 $7,479,181 $12,031,181 334.2 Annualize the cost of the FY08 salary adjustment. State General Funds $442,984 $442,984 $442,984 334.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $56,228 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $224,911 $281,140 $281,140 334.4 Increase funds for performance based salary adjustments. State General Funds $112,456 $0 $0 334.5 Increase funds to provide salary adjustments for critical jobs. State General Funds $28,538 $28,538 $28,538 334.6 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $15,017 $15,017 $15,017 334.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $208,002 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($105,322) FRIDAY, MARCH 28, 2008 2909 334.8 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($11,583) ($11,583) ($11,583) 334.9 Increase funds for ongoing maintenance, support, and development of the multi-year data warehouse project. State General Funds $1,210,020 $1,210,020 $1,210,020 334.10 Increase funds for three additional auditors to enhance revenue collections. (See item 334.101) State General Funds $196,200 $0 334.100 -Tax Compliance Appropriation (HB 990) The purpose of this appropriation is to ensure that all taxpayers pay the correct amount of taxes owed under the law. TOTAL STATE FUNDS $36,085,072 $36,225,045 $35,923,523 State General Funds $36,085,072 $36,225,045 $35,923,523 TOTAL FEDERAL FUNDS $210,000 $210,000 $210,000 Federal Funds Not Itemized $210,000 $210,000 $210,000 TOTAL AGENCY FUNDS $15,636,944 $15,636,944 $15,636,944 Intergovernmental Transfers $4,342,000 $4,342,000 $4,342,000 Intergovernmental Transfers Not Itemized $4,342,000 $4,342,000 $4,342,000 Sales and Services $11,294,944 $11,294,944 $11,294,944 Sales and Services Not Itemized $11,294,944 $11,294,944 $11,294,944 TOTAL PUBLIC FUNDS $51,932,016 $52,071,989 $51,770,467 334.101 Special Project - Tax Compliance: Increase funds for three additional auditors of sales tax receipts. State General Funds $196,200 Section 41: Secretary of State TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Section Total - Continuation $39,639,484 $39,639,484 $39,639,484 $39,639,484 $1,500,283 $1,500,283 $50,000 $50,000 $1,450,283 $1,450,283 $41,139,767 $41,139,767 Section Total - Final $42,557,559 $40,389,591 $42,557,559 $40,389,591 $39,639,484 $39,639,484 $1,500,283 $50,000 $1,450,283 $41,139,767 $40,468,854 $40,468,854 2910 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS $1,500,283 $50,000 $1,450,283 $44,057,842 $1,500,283 $50,000 $1,450,283 $41,889,874 $209,757 $209,757 $1,730,137 $50,000 $1,680,137 $42,408,748 Archives and Records Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Record Center Storage Fees Sales and Services Not Itemized TOTAL PUBLIC FUNDS 335.1 Annualize the cost of the FY08 salary adjustment. $6,204,038 $6,204,038 $510,771 $510,771 $435,771 $75,000 $6,714,809 $6,204,038 $6,204,038 $510,771 $510,771 $435,771 $75,000 $6,714,809 $6,204,038 $6,204,038 $510,771 $510,771 $435,771 $75,000 $6,714,809 State General Funds $47,231 $47,231 $47,231 335.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $8,057 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $32,227 $40,284 $40,284 335.3 Increase funds for performance based salary adjustments. State General Funds $16,114 $0 $0 335.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $405 $405 $405 335.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $26,630 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($13,484) 335.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. FRIDAY, MARCH 28, 2008 2911 State General Funds ($2,098) ($2,098) ($2,098) 335.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $11,666 $7,694 $0 335.8 Transfer funds from the Office Administration program for the Capitol Museum function. State General Funds $155,917 $155,917 $155,917 335.9 Eliminate funds for one assistant division director position. State General Funds ($102,878) ($102,878) ($102,878) 335.10 Reduce funds from the Georgia Historical Society grant and the Georgia Historical Records Advisory Board. (H:Eliminate the Georgia Historical Society ($48,000) grant and reduce funding to the Georgia Historical Records Advisory Board ($36,000))(S:Eliminate funds for the Georgia Historical Records Advisory Board) State General Funds ($134,000) ($84,000) ($36,000) 335.11 Increase funds for repairs and maintenance to maintain the HVAC system, generator, scanners, micro equipment, and other critical systems. State General Funds $100,000 $100,000 $100,000 335.12 Reduce funds for temporary help. State General Funds ($30,000) 335.98 Increase funds to reflect projected revenue receipts. Sales and Services Not Itemized $21,900 335.100 -Archives and Records Appropriation (HB 990) 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 $6,328,622 $6,366,593 $6,363,415 State General Funds $6,328,622 $6,366,593 $6,363,415 TOTAL AGENCY FUNDS $510,771 $510,771 $532,671 Sales and Services $510,771 $510,771 $532,671 Record Center Storage Fees $435,771 $435,771 $435,771 Sales and Services Not Itemized $75,000 $75,000 $96,900 TOTAL PUBLIC FUNDS $6,839,393 $6,877,364 $6,896,086 2912 JOURNAL OF THE SENATE Capitol Tours Continuation Budget The purpose of this appropriation is to provide guided informational tours of the State Capitol. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 336.1 Annualize the cost of the FY08 salary adjustment. $165,573 $165,573 $165,573 $165,573 $165,573 $165,573 $165,573 $165,573 $165,573 State General Funds $2,197 $2,197 $2,197 336.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $331 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $1,322 $1,653 $1,653 336.3 Increase funds for performance based salary adjustments. State General Funds $661 $0 $0 336.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $17 $17 $17 336.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $1,507 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($763) 336.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($119) ($119) ($119) 336.100 -Capitol Tours Appropriation (HB 990) The purpose of this appropriation is to provide guided informational tours of the State Capitol. TOTAL STATE FUNDS $169,651 $169,321 $168,558 State General Funds $169,651 $169,321 $168,558 TOTAL PUBLIC FUNDS $169,651 $169,321 $168,558 Corporations Continuation Budget 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. TOTAL STATE FUNDS State General Funds $1,305,140 $1,305,140 $1,305,140 $1,305,140 $1,305,140 $1,305,140 FRIDAY, MARCH 28, 2008 2913 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 337.1 Annualize the cost of the FY08 salary adjustment. $739,512 $739,512 $739,512 $2,044,652 $739,512 $739,512 $739,512 $2,044,652 $739,512 $739,512 $739,512 $2,044,652 State General Funds $23,626 $23,626 $23,626 337.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,818 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $15,273 $19,091 $19,091 337.3 Increase funds for performance based salary adjustments. State General Funds $7,636 $0 $0 337.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $192 $192 $192 337.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $14,751 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($7,378) 337.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,148) ($1,148) ($1,148) 337.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $12,097 $7,978 $0 337.8 Increase funds for the mailing of corporate administrative dissolution letters and certificates to remove the backlog of inactive or unqualified corporations from the database, and implement the mailing of dissolution letters and certificates yearly. (G and H:Reduce by $150,000 due to revenue estimate change) State General Funds $0 $0 $150,000 337.9 Increase funds for the maintenance contract for the Office Automation Solutions Knowledge Base software application. (G and H:Reduce by $84,464 due to revenue estimate change) State General Funds $0 $0 $84,464 2914 JOURNAL OF THE SENATE 337.10 Increase funds for two positions to improve functions of the call center. (G, H, and S:Reduce by $81,724 due to revenue estimate change) State General Funds $0 $0 $0 337.100 -Corporations Appropriation (HB 990) 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. TOTAL STATE FUNDS $1,362,816 $1,354,879 $1,573,987 State General Funds $1,362,816 $1,354,879 $1,573,987 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 $2,102,328 $2,094,391 $2,313,499 Elections Continuation Budget The purpose of this appropriation is 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 law and assisting candidates, local governments, and citizens in interpreting and complying with all election, voter registration and financial disclosure laws. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 338.1 Annualize the cost of the FY08 salary adjustment. $5,298,929 $5,298,929 $20,000 $20,000 $20,000 $5,318,929 $5,298,929 $5,298,929 $20,000 $20,000 $20,000 $5,318,929 $5,298,929 $5,298,929 $20,000 $20,000 $20,000 $5,318,929 State General Funds $27,087 $27,087 $27,087 338.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,820 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $15,281 $19,101 $19,101 338.3 Increase funds for performance based salary adjustments. State General Funds $7,641 $0 $0 338.4 Increase funds to make structure adjustments to the statewide salary plan. FRIDAY, MARCH 28, 2008 2915 State General Funds $192 $192 $192 338.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $14,571 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($7,378) 338.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,148) ($1,148) ($1,148) 338.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $6,353 $4,190 $0 338.8 Transfer funds and three positions to the Office Administration program. State General Funds ($229,798) ($229,798) ($229,798) 338.9 Reduce one-time funds associated with an independent audit of Georgia's election procedures, guidelines, and security measures. State General Funds ($100,000) ($100,000) ($100,000) 338.10 Reduce funds from operations. State General Funds ($27,423) ($27,423) ($27,423) 338.11 Increase funds to support local registrars' operating expenses associated with creating voter photo IDs. State General Funds $60,000 $60,000 $60,000 338.12 Increase funds for Voter ID educational efforts statewide. State General Funds $500,000 $0 $500,000 338.13 Increase funds to design, implement, and maintain an online training program for local election officials. State General Funds $90,000 $90,000 $90,000 338.14 Increase funds for the training and deployment of temporary voting machine technicians to support the 2008 election cycle. [One-Time Change] State General Funds $400,000 $400,000 $400,000 338.15 Increase funds for independent validation and verification requirements, project management, feasibility study, and business process mapping for a new voter registration system. 2916 JOURNAL OF THE SENATE State General Funds $2,000,000 $0 $0 338.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $209,757 Sales and Services Not Itemized $110,376 TOTAL PUBLIC FUNDS $320,133 338.100 -Elections Appropriation (HB 990) The purpose of this appropriation is 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 law and assisting candidates, local governments, and citizens in interpreting and complying with all election, voter registration and financial disclosure laws. TOTAL STATE FUNDS $8,047,114 $5,541,130 $6,029,562 State General Funds $8,047,114 $5,541,130 $6,029,562 TOTAL FEDERAL FUNDS $209,757 Federal Funds Not Itemized $209,757 TOTAL AGENCY FUNDS $20,000 $20,000 $130,376 Sales and Services $20,000 $20,000 $130,376 Sales and Services Not Itemized $20,000 $20,000 $130,376 TOTAL PUBLIC FUNDS $8,067,114 $5,561,130 $6,369,695 Office Administration Continuation Budget The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 339.1 Annualize the cost of the FY08 salary adjustment. $5,303,115 $5,303,115 $30,000 $30,000 $30,000 $5,333,115 $5,303,115 $5,303,115 $30,000 $30,000 $30,000 $5,333,115 $5,303,115 $5,303,115 $30,000 $30,000 $30,000 $5,333,115 State General Funds $70,639 $70,639 $70,639 339.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $18,304 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $73,215 $91,519 $91,519 339.3 Increase funds for performance based salary adjustments. FRIDAY, MARCH 28, 2008 2917 State General Funds $36,608 $0 $0 339.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $919 $919 $919 339.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $58,787 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($29,767) 339.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($4,632) ($4,632) ($4,632) 339.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $10,151 $6,695 $0 339.8 Transfer funds from the Elections, Professional Licensing Boards, and Securities programs. State General Funds $3,469,107 $3,469,107 $3,469,107 339.9 Reduce funds associated with the Capitol Museum. State General Funds ($124,059) ($124,059) ($124,059) 339.10 Eliminate funds from the contract agreement with the YMCA for the Youth Assembly Conference. State General Funds ($10,000) ($10,000) ($10,000) 339.11 Reduce funds received for the Silver Haired Legislature. State General Funds ($50,000) ($50,000) ($50,000) 339.12 Transfer funds to the Archives and Records program for the Capitol Museum function. State General Funds ($155,917) ($155,917) ($155,917) 339.13 Increase funds to cover projected legal expenses. State General Funds $431,103 $431,103 $431,103 339.14 Reduce one-time funds received for Voter ID educational activities. State General Funds ($500,000) ($500,000) ($500,000) 339.15 Transfer all Administration Program data to Administration Subprogram. (H:YES)(S:Approval not required by General 2918 JOURNAL OF THE SENATE Assembly) State General Funds 339.16 Reduce funds for contractual services. State General Funds 339.98 Increase funds to reflect projected revenue receipts. Sales and Services Not Itemized $0 $0 ($40,000) $97,578 339.100 -Office Administration Appropriation (HB 990) The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $8,550,249 $8,528,489 $8,452,027 State General Funds $8,550,249 $8,528,489 $8,452,027 TOTAL AGENCY FUNDS $30,000 $30,000 $127,578 Sales and Services $30,000 $30,000 $127,578 Sales and Services Not Itemized $30,000 $30,000 $127,578 TOTAL PUBLIC FUNDS $8,580,249 $8,558,489 $8,579,605 Professional Licensing Boards Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 340.1 Annualize the cost of the FY08 salary adjustment. $11,972,078 $11,972,078 $150,000 $150,000 $150,000 $12,122,078 $11,972,078 $11,972,078 $150,000 $150,000 $150,000 $12,122,078 $11,972,078 $11,972,078 $150,000 $150,000 $150,000 $12,122,078 State General Funds $138,816 $138,816 $138,816 340.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $14,197 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $56,789 $70,986 $70,986 340.3 Increase funds for performance based salary adjustments. FRIDAY, MARCH 28, 2008 2919 State General Funds $28,394 $0 $0 340.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $713 $713 $713 340.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $66,326 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($33,584) 340.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($5,226) ($5,226) ($5,226) 340.7 Reduce one-time funds associated with an independent audit. State General Funds ($100,000) ($100,000) ($100,000) 340.8 Reduce funds due to the removal of one accounting administrative clerk, one computer service administrative clerk, one examination development and testing unit customer service agent, and one attorney. State General Funds ($194,255) ($194,255) ($194,255) 340.9 Transfer funds and forty-five positions to the Office Administration program. State General Funds ($2,929,332) ($2,929,332) ($2,929,332) 340.10 Reduce funds due to implementation of additional online testing for licensure. State General Funds ($164,464) 340.100 -Professional Licensing Boards Appropriation (HB 990) 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 $8,967,977 $8,953,780 $8,755,732 State General Funds $8,967,977 $8,953,780 $8,755,732 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 $9,117,977 $9,103,780 $8,905,732 Securities Continuation Budget The purpose of this appropriation is to provide for registration, compliance and enforcement of the provisions of the Georgia Codes, 2920 JOURNAL OF THE SENATE and to provide information to the public regarding subjects of such codes. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS 341.1 Annualize the cost of the FY08 salary adjustment. $2,191,515 $2,191,515 $50,000 $50,000 $50,000 $2,241,515 $2,191,515 $2,191,515 $50,000 $50,000 $50,000 $2,241,515 $2,191,515 $2,191,515 $50,000 $50,000 $50,000 $2,241,515 State General Funds $32,251 $32,251 $32,251 341.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $4,184 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $16,737 $20,921 $20,921 341.3 Increase funds for performance based salary adjustments. State General Funds $8,369 $0 $0 341.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $210 $210 $210 341.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $14,751 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($7,378) 341.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,148) ($1,148) ($1,148) 341.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $9,506 $6,269 $0 341.8 Transfer funds and four positions to the Office Administration program. State General Funds ($309,977) ($309,977) ($309,977) 341.9 Reduce funds due to the elimination of one junior auditor position. State General Funds ($63,411) ($63,411) ($63,411) FRIDAY, MARCH 28, 2008 2921 341.100 -Securities Appropriation (HB 990) The purpose of this appropriation is to provide for registration, compliance and enforcement of the provisions of the Georgia Codes, and to provide information to the public regarding subjects of such codes. TOTAL STATE FUNDS $1,884,052 $1,876,630 $1,862,983 State General Funds $1,884,052 $1,876,630 $1,862,983 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 $1,934,052 $1,926,630 $1,912,983 Drugs and Narcotics Agency, Georgia Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 342.1 Annualize the cost of the FY08 salary adjustment. $1,454,200 $1,454,200 $1,454,200 $1,454,200 $1,454,200 $1,454,200 $1,454,200 $1,454,200 $1,454,200 State General Funds $21,296 $21,296 $21,296 342.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,283 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $13,133 $16,416 $16,416 342.3 Increase funds for performance based salary adjustments. State General Funds $6,567 $0 $0 342.4 Increase funds to make special adjustments to selected job classes. State General Funds $38,044 $38,044 $38,044 342.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $167 $167 $167 342.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $13,006 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($6,586) 2922 JOURNAL OF THE SENATE 342.7 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($8,097) ($8,097) ($8,097) 342.8 Increase funds for an upgraded computer system. State General Funds $23,000 $23,000 $23,000 342.9 Increase funds for salary increases to improve the retention rate and to provide competitive pay for pharmacists. State General Funds $275,000 $0 342.10 Increase funds for technology that automates the point of sale log for pseudoephedrine purchases. State General Funds $70,000 $0 342.100 -Drugs and Narcotics Agency, Georgia Appropriation (HB 990) 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 $1,548,310 $1,890,026 $1,538,440 State General Funds $1,548,310 $1,890,026 $1,538,440 TOTAL PUBLIC FUNDS $1,548,310 $1,890,026 $1,538,440 State Ethics Commission Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 343.1 Annualize the cost of the FY08 salary adjustment. $1,868,943 $1,868,943 $1,868,943 $1,868,943 $1,868,943 $1,868,943 $1,868,943 $1,868,943 $1,868,943 State General Funds $23,262 $23,262 $23,262 343.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,544 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $14,175 $17,719 $17,719 343.3 Increase funds for performance based salary adjustments. State General Funds $7,088 $0 $0 343.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and FRIDAY, MARCH 28, 2008 2923 H:Reduce by $13,706 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($6,940) 343.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($4,981) ($4,981) ($4,981) 343.6 Reduce one-time funds received for relocation expenses. State General Funds ($115,212) ($115,212) ($115,212) 343.100 -State Ethics Commission Appropriation (HB 990) 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 $1,793,275 $1,789,731 $1,782,791 State General Funds $1,793,275 $1,789,731 $1,782,791 TOTAL PUBLIC FUNDS $1,793,275 $1,789,731 $1,782,791 Commission on the Holocaust, Georgia Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 344.1 Annualize the cost of the FY08 salary adjustment. $340,743 $340,743 $340,743 $340,743 $340,743 $340,743 $340,743 $340,743 $340,743 State General Funds $3,781 $3,781 $3,781 344.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $635 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $2,538 $3,173 $3,173 344.3 Increase funds for performance based salary adjustments. State General Funds $1,269 $0 $0 344.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,414 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) 2924 JOURNAL OF THE SENATE State General Funds $0 $0 ($1,222) 344.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,656) ($1,656) ($1,656) 344.6 Increase funds for travel expenses and an increase in temporary labor for part-time support for the Anne Frank in the World Exhibit and the Commission offices. State General Funds $20,000 $20,000 344.100 -Commission on the Holocaust, Georgia Appropriation (HB 990) 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. TOTAL STATE FUNDS $346,675 $366,041 $364,819 State General Funds $346,675 $366,041 $364,819 TOTAL PUBLIC FUNDS $346,675 $366,041 $364,819 Real Estate Commission Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 345.1 Annualize the cost of the FY08 salary adjustment. $3,535,210 $3,535,210 $3,535,210 $3,535,210 $3,535,210 $3,535,210 $3,535,210 $3,535,210 $3,535,210 State General Funds $38,785 $38,785 $38,785 345.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $5,848 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $23,390 $29,238 $29,238 345.3 Increase funds for performance based salary adjustments. State General Funds $11,695 $0 $0 345.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $94 $94 $94 345.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $22,576 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) FRIDAY, MARCH 28, 2008 2925 State General Funds $0 $0 ($11,431) 345.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($15,084) ($15,084) ($15,084) 345.7 Reduce funds from operations. State General Funds ($70,000) ($70,000) ($35,000) 345.8 Increase funds for one additional investigator position to address the backlog of pending consumer complaint investigations. State General Funds $52,000 $52,000 $52,000 345.9 Reduce one-time funds used to replace a vehicle. State General Funds ($17,272) ($17,272) ($17,272) 345.100 -Real Estate Commission Appropriation (HB 990) 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 $3,558,818 $3,552,971 $3,576,540 State General Funds $3,558,818 $3,552,971 $3,576,540 TOTAL PUBLIC FUNDS $3,558,818 $3,552,971 $3,576,540 Section 42: Soil and Water Conservation Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Section Total - Continuation $3,517,863 $3,517,863 $3,517,863 $3,517,863 $3,454,308 $3,454,308 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $5,425,874 $5,425,874 $1,176,011 $1,176,011 $349,390 $349,390 $826,621 $826,621 $13,574,056 $13,574,056 Section Total - Final $3,584,647 $3,580,713 $3,584,647 $3,580,713 $3,517,863 $3,517,863 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $13,574,056 $3,572,839 $3,572,839 2926 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $13,640,840 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $13,636,906 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $13,629,032 Commission Administration Continuation Budget The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 346.1 Annualize the cost of the FY08 salary adjustment. $640,246 $640,246 $640,246 $640,246 $640,246 $640,246 $640,246 $640,246 $640,246 State General Funds $4,574 $4,574 $4,574 346.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $700 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $2,799 $3,499 $3,499 346.3 Increase funds for performance based salary adjustments. State General Funds $1,400 $0 $0 346.4 Increase funds to make special adjustments to selected job classes. State General Funds $7,269 $7,269 $7,269 346.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,766 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,401) 346.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,916) ($1,916) ($1,916) 346.7 Reduce one-time funds received in HB95 (FY08) to replace high-mileage vehicles. FRIDAY, MARCH 28, 2008 2927 State General Funds ($15,269) ($15,269) ($15,269) 346.8 Transfer funds from the Water Resources and Land Use Planning program, the USDA Flood Control Watershed Structures program and the Conservation of Soil and Water Resources program. State General Funds $107,559 $107,559 $107,559 346.100 -Commission Administration Appropriation (HB 990) The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $746,662 $745,962 $744,561 State General Funds $746,662 $745,962 $744,561 TOTAL PUBLIC FUNDS $746,662 $745,962 $744,561 Conservation of Agricultural Water Supplies Continuation Budget The purpose of this appropriation is to conserve the use of Georgia's ground and surface water by agricultural water users. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 347.1 Annualize the cost of the FY08 salary adjustment. $314,303 $314,303 $3,131,804 $3,131,804 $5,375,874 $5,375,874 $5,375,874 $8,821,981 $314,303 $314,303 $3,131,804 $3,131,804 $5,375,874 $5,375,874 $5,375,874 $8,821,981 $314,303 $314,303 $3,131,804 $3,131,804 $5,375,874 $5,375,874 $5,375,874 $8,821,981 State General Funds $8,904 $8,904 $8,904 347.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $391 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $1,563 $1,954 $1,954 347.3 Increase funds for performance based salary adjustments. State General Funds $782 $0 $0 347.4 Increase funds to make special adjustments to selected job classes. State General Funds $4,060 $4,060 $4,060 347.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $1,545 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 2928 JOURNAL OF THE SENATE 22.165%) State General Funds $0 $0 ($782) 347.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,070) ($1,070) ($1,070) 347.7 Reduce one-time funds received in HB95 (FY08) to replace high-mileage vehicles. State General Funds ($8,569) ($8,569) ($8,569) 347.8 Increase funds to raise the per diem rate for conservation district supervisors from $30 to $40. State General Funds $3,500 $3,500 $3,500 347.100 -Conservation of Agricultural Water Supplies Appropriation (HB 990) The purpose of this appropriation is to conserve the use of Georgia's ground and surface water by agricultural water users. TOTAL STATE FUNDS $323,473 $323,082 $322,300 State General Funds $323,473 $323,082 $322,300 TOTAL FEDERAL FUNDS $3,131,804 $3,131,804 $3,131,804 Federal Funds Not Itemized $3,131,804 $3,131,804 $3,131,804 TOTAL AGENCY FUNDS $5,375,874 $5,375,874 $5,375,874 Intergovernmental Transfers $5,375,874 $5,375,874 $5,375,874 Intergovernmental Transfers Not Itemized $5,375,874 $5,375,874 $5,375,874 TOTAL PUBLIC FUNDS $8,831,151 $8,830,760 $8,829,978 Conservation of Soil and Water Resources Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts $1,579,073 $1,579,073 $322,504 $322,504 $50,000 $50,000 $50,000 $1,176,011 $349,390 $349,390 $1,579,073 $1,579,073 $322,504 $322,504 $50,000 $50,000 $50,000 $1,176,011 $349,390 $349,390 $1,579,073 $1,579,073 $322,504 $322,504 $50,000 $50,000 $50,000 $1,176,011 $349,390 $349,390 FRIDAY, MARCH 28, 2008 2929 Federal Funds Transfers FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS 348.1 Annualize the cost of the FY08 salary adjustment. $826,621 $826,621 $3,127,588 $826,621 $826,621 $3,127,588 $826,621 $826,621 $3,127,588 State General Funds $16,543 $16,543 $16,543 348.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,843 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $11,372 $14,216 $14,216 348.3 Increase funds for performance based salary adjustments. State General Funds $5,687 $0 $0 348.4 Increase funds to make special adjustments to selected job classes. State General Funds $29,533 $29,533 $29,533 348.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $11,240 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($5,691) 348.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($7,784) ($7,784) ($7,784) 348.7 Reduce one-time funds received in HB95 (FY08) to replace high-mileage vehicles. State General Funds ($55,476) ($55,476) ($55,476) 348.8 Transfer funds to the Commission Administration program. State General Funds ($43,305) ($43,305) ($43,305) 348.9 Increase funds to raise the per diem rate for conservation district supervisors from $30 to $40. State General Funds $29,500 $29,500 $29,500 348.10 Increase funds for full state funding for the Erosion & Sedimentation Control program as mandated in O.C.G.A. 12-7-9(a). State General Funds $100,000 $100,000 $100,000 348.100 -Conservation of Soil and Water Resources Appropriation (HB 990) The purpose of this appropriation is to conserve Georgia's rich natural resources through voluntary implementation of conservation best management practices on agricultural lands. 2930 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS $1,665,143 $1,665,143 $322,504 $322,504 $50,000 $50,000 $50,000 $1,176,011 $349,390 $349,390 $826,621 $826,621 $3,213,658 $1,662,300 $1,662,300 $322,504 $322,504 $50,000 $50,000 $50,000 $1,176,011 $349,390 $349,390 $826,621 $826,621 $3,210,815 $1,656,609 $1,656,609 $322,504 $322,504 $50,000 $50,000 $50,000 $1,176,011 $349,390 $349,390 $826,621 $826,621 $3,205,124 U.S.D.A. Flood Control Watershed Structures Continuation Budget The purpose of this appropriation is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 349.1 Annualize the cost of the FY08 salary adjustment. $106,696 $106,696 $106,696 $106,696 $106,696 $106,696 $106,696 $106,696 $106,696 State General Funds $368 $368 $368 349.2 Reduce one-time funds received in HB95 (FY08) to replace high-mileage vehicles. State General Funds ($686) ($686) ($686) 349.3 Transfer funds to the Commission Administration program. State General Funds ($7,568) ($7,568) ($7,568) 349.100 -U.S.D.A. Flood Control Watershed Structures Appropriation (HB 990) The purpose of this appropriation is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. TOTAL STATE FUNDS $98,810 $98,810 $98,810 State General Funds $98,810 $98,810 $98,810 TOTAL PUBLIC FUNDS $98,810 $98,810 $98,810 FRIDAY, MARCH 28, 2008 2931 Water Resources and Land Use Planning Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 350.1 Annualize the cost of the FY08 salary adjustment. $877,545 $877,545 $877,545 $877,545 $877,545 $877,545 $877,545 $877,545 $877,545 State General Funds $57 $57 $57 350.2 Transfer funds to the Commission Administration program. State General Funds ($56,686) ($56,686) ($56,686) 350.3 Reduce funds from operations. State General Funds ($70,357) ($70,357) ($70,357) 350.100 -Water Resources and Land Use Planning Appropriation (HB 990) 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 $750,559 $750,559 $750,559 State General Funds $750,559 $750,559 $750,559 TOTAL PUBLIC FUNDS $750,559 $750,559 $750,559 Section 43: Student Finance Commission and Authority, Georgia TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Section Total - Continuation $556,920,642 $556,920,642 $40,223,482 $40,223,482 $516,697,160 $516,697,160 $520,653 $520,653 $520,653 $520,653 $5,622,493 $5,622,493 $5,622,493 $5,622,493 $563,063,788 $563,063,788 Section Total - Final $585,480,451 $577,578,744 $40,242,856 $32,341,149 $556,920,642 $40,223,482 $516,697,160 $520,653 $520,653 $5,622,493 $5,622,493 $563,063,788 $576,791,488 $31,553,893 2932 JOURNAL OF THE SENATE Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL PUBLIC FUNDS $545,237,595 $520,653 $520,653 $5,372,493 $5,372,493 $591,373,597 $545,237,595 $520,653 $520,653 $12,472,493 $12,472,493 $590,571,890 $545,237,595 $520,653 $520,653 $12,581,194 $12,581,194 $589,893,335 Accel Continuation Budget 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. TOTAL STATE FUNDS Lottery Proceeds TOTAL PUBLIC FUNDS 351.1 Reduce funds to reflect projected need. $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 Lottery Proceeds ($1,800,000) ($1,800,000) ($1,800,000) 351.100 -Accel Appropriation (HB 990) 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. TOTAL STATE FUNDS $4,200,000 $4,200,000 $4,200,000 Lottery Proceeds $4,200,000 $4,200,000 $4,200,000 TOTAL PUBLIC FUNDS $4,200,000 $4,200,000 $4,200,000 Engineer Scholarship Continuation Budget The purpose of this appropriation 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 State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS 352.1 Reduce funds to reflect actual expenditures. $760,000 $0 $760,000 $760,000 $760,000 $0 $760,000 $760,000 $760,000 $0 $760,000 $760,000 Lottery Proceeds ($50,000) 352.100 -Engineer Scholarship Appropriation (HB 990) The purpose of this appropriation is to provide forgivable loans to Georgia residents who are engineering students at Mercer FRIDAY, MARCH 28, 2008 2933 University (Macon campus) and retain those students as engineers in the State. TOTAL STATE FUNDS $760,000 Lottery Proceeds $760,000 TOTAL PUBLIC FUNDS $760,000 $760,000 $760,000 $760,000 $710,000 $710,000 $710,000 Georgia Military College Scholarship Continuation Budget 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 $1,228,708 $1,228,708 $1,228,708 Lottery Proceeds $1,228,708 $1,228,708 $1,228,708 TOTAL PUBLIC FUNDS $1,228,708 $1,228,708 $1,228,708 353.100 -Georgia Military College Scholarship Appropriation (HB 990) 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 $1,228,708 $1,228,708 $1,228,708 Lottery Proceeds $1,228,708 $1,228,708 $1,228,708 TOTAL PUBLIC FUNDS $1,228,708 $1,228,708 $1,228,708 Governor's Scholarship Program Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 354.1 Reduce funds to reflect actual expenditures. $2,329,200 $2,329,200 $2,329,200 $2,329,200 $2,329,200 $2,329,200 $2,329,200 $2,329,200 $2,329,200 State General Funds ($300,000) ($300,000) 354.2 Replace funds. State General Funds ($400,000) ($400,000) Intergovernmental Transfers Not Itemized $400,000 $400,000 TOTAL PUBLIC FUNDS $0 $0 354.100 -Governor's Scholarship Program Appropriation (HB 990) The purpose of this appropriation is to recognize graduating Georgia High School seniors who are a valedictorian or STAR student of 2934 JOURNAL OF THE SENATE their class by providing a scholarship to attend an eligible post-secondary institution in Georgia. TOTAL STATE FUNDS $2,329,200 $1,629,200 State General Funds $2,329,200 $1,629,200 TOTAL AGENCY FUNDS $400,000 Intergovernmental Transfers $400,000 Intergovernmental Transfers Not Itemized $400,000 TOTAL PUBLIC FUNDS $2,329,200 $2,029,200 $1,629,200 $1,629,200 $400,000 $400,000 $400,000 $2,029,200 Guaranteed Educational Loans Continuation Budget The purpose of this appropriation is to provide forgivable loans to students enrolled in critical fields of study, which include programs such as nursing, physical therapy and pharmacy. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 355.1 Reduce funds from nursing faculty service cancelable loans. $3,799,883 $3,799,883 $250,000 $250,000 $250,000 $4,049,883 $3,799,883 $3,799,883 $250,000 $250,000 $250,000 $4,049,883 $3,799,883 $3,799,883 $250,000 $250,000 $250,000 $4,049,883 Intergovernmental Transfers Not Itemized ($250,000) ($250,000) ($250,000) 355.2 Reduce funds to reflect actual expenditures. State General Funds ($200,000) 355.100 -Guaranteed Educational Loans Appropriation (HB 990) The purpose of this appropriation is to provide forgivable loans to students enrolled in critical fields of study, which include programs such as nursing, physical therapy and pharmacy. TOTAL STATE FUNDS $3,799,883 $3,799,883 $3,599,883 State General Funds $3,799,883 $3,799,883 $3,599,883 TOTAL PUBLIC FUNDS $3,799,883 $3,799,883 $3,599,883 HERO Scholarship Continuation Budget 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 FRIDAY, MARCH 28, 2008 2935 State General Funds $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $718,000 $718,000 $718,000 Intergovernmental Transfers $718,000 $718,000 $718,000 Intergovernmental Transfers Not Itemized $718,000 $718,000 $718,000 TOTAL PUBLIC FUNDS $918,000 $918,000 $918,000 356.100 -HERO Scholarship Appropriation (HB 990) 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 AGENCY FUNDS $718,000 $718,000 $718,000 Intergovernmental Transfers $718,000 $718,000 $718,000 Intergovernmental Transfers Not Itemized $718,000 $718,000 $718,000 TOTAL PUBLIC FUNDS $918,000 $918,000 $918,000 HOPE Administration Continuation Budget The purpose of this appropriation 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 State General Funds Lottery Proceeds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 357.1 Annualize the cost of the FY08 salary adjustment. $5,387,232 $158,912 $5,228,320 $500,000 $500,000 $500,000 $5,887,232 $5,387,232 $158,912 $5,228,320 $500,000 $500,000 $500,000 $5,887,232 $5,387,232 $158,912 $5,228,320 $500,000 $500,000 $500,000 $5,887,232 Lottery Proceeds $50,948 $50,948 $50,948 357.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $8,619 due to revenue estimate change and redirect to operating expenses) Lottery Proceeds $34,475 $43,094 $43,094 357.3 Increase funds for performance based salary adjustments. Lottery Proceeds $17,238 $17,238 $17,238 2936 JOURNAL OF THE SENATE 357.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $33,333 due to revenue estimate change and redirect to operating expenses)(S:Reduce funds and use to reduce need for State General Funds per line 357.7) Lottery Proceeds $0 $0 ($16,878) 357.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. Lottery Proceeds $6,974 $6,974 $6,974 357.6 Increase funds for operating expenses. Lottery Proceeds $41,952 $33,333 $0 357.7 Replace funds. State General Funds ($158,912) Lottery Proceeds $50,211 Intergovernmental Transfers Not Itemized $108,701 TOTAL PUBLIC FUNDS $0 357.100 -HOPE Administration Appropriation (HB 990) The purpose of this appropriation 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 $5,538,819 $5,538,819 $5,379,907 State General Funds $158,912 $158,912 Lottery Proceeds $5,379,907 $5,379,907 $5,379,907 TOTAL AGENCY FUNDS $500,000 $500,000 $608,701 Intergovernmental Transfers $500,000 $500,000 $608,701 Intergovernmental Transfers Not Itemized $500,000 $500,000 $608,701 TOTAL PUBLIC FUNDS $6,038,819 $6,038,819 $5,988,608 HOPE GED Continuation Budget 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 $2,461,614 358.100 -HOPE GED Appropriation (HB 990) The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development FRIDAY, MARCH 28, 2008 2937 diploma awarded by the Georgia Department of Technical and Adult Education. TOTAL STATE FUNDS $2,461,614 Lottery Proceeds $2,461,614 TOTAL PUBLIC FUNDS $2,461,614 $2,461,614 $2,461,614 $2,461,614 $2,461,614 $2,461,614 $2,461,614 HOPE Grant Continuation Budget 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 Lottery Proceeds TOTAL PUBLIC FUNDS 359.1 Increase funds to meet projected need. $104,972,024 $104,972,024 $104,972,024 $104,972,024 $104,972,024 $104,972,024 $104,972,024 $104,972,024 $104,972,024 Lottery Proceeds $14,405,864 $14,405,864 $8,279,219 359.100 -HOPE Grant Appropriation (HB 990) 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 $119,377,888 $119,377,888 $113,251,243 Lottery Proceeds $119,377,888 $119,377,888 $113,251,243 TOTAL PUBLIC FUNDS $119,377,888 $119,377,888 $113,251,243 HOPE Scholarships - Private Schools Continuation Budget 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 Lottery Proceeds $45,651,732 TOTAL PUBLIC FUNDS $45,651,732 360.1 Increase funds to raise the award amount from $3,000 to $3,500. $45,651,732 $45,651,732 $45,651,732 $45,651,732 $45,651,732 $45,651,732 Lottery Proceeds $7,608,621 360.100 -HOPE Scholarships - Private Schools Appropriation (HB 990) 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 $53,260,353 Lottery Proceeds $45,651,732 $45,651,732 $53,260,353 2938 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $45,651,732 $45,651,732 $53,260,353 HOPE Scholarships - Public Schools Continuation Budget 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 Lottery Proceeds TOTAL PUBLIC FUNDS 361.1 Increase funds to meet projected need. $338,950,936 $338,950,936 $338,950,936 $338,950,936 $338,950,936 $338,950,936 $338,950,936 $338,950,936 $338,950,936 Lottery Proceeds $15,782,984 $15,782,984 $15,325,223 361.100 -HOPE Scholarships - Public Schools Appropriation (HB 990) 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 $354,733,920 $354,733,920 $354,276,159 Lottery Proceeds $354,733,920 $354,733,920 $354,276,159 TOTAL PUBLIC FUNDS $354,733,920 $354,733,920 $354,276,159 Law Enforcement Dependents Grant Continuation Budget 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 institution in Georgia. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $50,911 $50,911 $50,911 $50,911 $50,911 $50,911 $50,911 $50,911 $50,911 362.100 -Law Enforcement Dependents Grant Appropriation (HB 990) 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 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 FRIDAY, MARCH 28, 2008 2939 Leveraging Educational Assistance Partnership Program Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 363.1 Replace funds. $966,757 $966,757 $520,653 $520,653 $1,487,410 $966,757 $966,757 $520,653 $520,653 $1,487,410 $966,757 $966,757 $520,653 $520,653 $1,487,410 State General Funds ($200,000) ($200,000) Intergovernmental Transfers Not Itemized $200,000 $200,000 TOTAL PUBLIC FUNDS $0 $0 363.100 -Leveraging Educational Assistance Partnership Program Appropriation (HB 990) 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 $766,757 $766,757 State General Funds $966,757 $766,757 $766,757 TOTAL FEDERAL FUNDS $520,653 $520,653 $520,653 Federal Funds Not Itemized $520,653 $520,653 $520,653 TOTAL AGENCY FUNDS $200,000 $200,000 Intergovernmental Transfers $200,000 $200,000 Intergovernmental Transfers Not Itemized $200,000 $200,000 TOTAL PUBLIC FUNDS $1,487,410 $1,487,410 $1,487,410 North Georgia Military Scholarship Grants Continuation Budget 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 PUBLIC FUNDS $683,951 $683,951 $683,951 364.100 -North Georgia Military Scholarship Grants Appropriation (HB 990) 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. 2940 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 North Georgia ROTC Grants Continuation Budget 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 $432,479 365.1 Increase funds to raise the maximum award from $750 per semester to $1,500 per semester for students who accept a military commission per SB512 (2008 Session). State General Funds $75,000 365.100 -North Georgia ROTC Grants Appropriation (HB 990) 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 $507,479 State General Funds $432,479 $432,479 $507,479 TOTAL PUBLIC FUNDS $432,479 $432,479 $507,479 Promise Scholarship Continuation Budget The purpose of this appropriation 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 Lottery Proceeds TOTAL PUBLIC FUNDS $5,855,278 $5,855,278 $5,855,278 $5,855,278 $5,855,278 $5,855,278 $5,855,278 $5,855,278 $5,855,278 366.100 -Promise Scholarship Appropriation (HB 990) The purpose of this appropriation 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 FRIDAY, MARCH 28, 2008 2941 Public Memorial Safety Grant Continuation Budget 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 $255,850 367.100 -Public Memorial Safety Grant Appropriation (HB 990) 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 of this appropriation is to provide forgivable loans to teachers seeking advanced education degrees in critical shortage fields of study. TOTAL STATE FUNDS Lottery Proceeds TOTAL PUBLIC FUNDS 368.1 Reduce funds to reflect projected expenditures. $5,332,698 $5,332,698 $5,332,698 $5,332,698 $5,332,698 $5,332,698 $5,332,698 $5,332,698 $5,332,698 Lottery Proceeds ($974,215) 368.100 -Teacher Scholarship Appropriation (HB 990) The purpose of this appropriation 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 $4,358,483 Lottery Proceeds $5,332,698 $5,332,698 $4,358,483 TOTAL PUBLIC FUNDS $5,332,698 $5,332,698 $4,358,483 Tuition Equalization Grants Continuation Budget 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. 2942 JOURNAL OF THE SENATE TOTAL STATE FUNDS $30,811,802 $30,811,802 $30,811,802 State General Funds $30,811,802 $30,811,802 $30,811,802 TOTAL AGENCY FUNDS $4,154,493 $4,154,493 $4,154,493 Intergovernmental Transfers $4,154,493 $4,154,493 $4,154,493 Intergovernmental Transfers Not Itemized $4,154,493 $4,154,493 $4,154,493 TOTAL PUBLIC FUNDS $34,966,295 $34,966,295 $34,966,295 369.1 Utilize existing funds to raise award amount from $1,100 to $1,200. (G:YES)(H:YES)(S:YES) Intergovernmental Transfers Not Itemized $0 $2,500,000 $2,500,000 369.2 Reduce funds to reflect fewer students. State General Funds ($3,000,000) ($3,500,000) 369.3 Replace funds. State General Funds ($4,000,000) ($4,000,000) Intergovernmental Transfers Not Itemized $4,000,000 $4,000,000 TOTAL PUBLIC FUNDS $0 $0 369.100 -Tuition Equalization Grants Appropriation (HB 990) 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 $30,811,802 $23,811,802 $23,311,802 State General Funds $30,811,802 $23,811,802 $23,311,802 TOTAL AGENCY FUNDS $4,154,493 $10,654,493 $10,654,493 Intergovernmental Transfers $4,154,493 $10,654,493 $10,654,493 Intergovernmental Transfers Not Itemized $4,154,493 $10,654,493 $10,654,493 TOTAL PUBLIC FUNDS $34,966,295 $34,466,295 $33,966,295 Nonpublic Postsecondary Education Commission Continuation Budget The purpose of this appropriation is to authorize private post-secondary schools in Georgia; provide transcripts for students who attended schools that closed; and resolve complaints. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 370.1 Annualize the cost of the FY08 salary adjustment. $789,587 $789,587 $789,587 $789,587 $789,587 $789,587 $789,587 $789,587 $789,587 State General Funds $10,099 $10,099 $10,099 FRIDAY, MARCH 28, 2008 2943 370.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,708 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $6,830 $8,538 $8,538 370.3 Increase funds for performance based salary adjustments. State General Funds $3,415 $0 $0 370.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $6,604 for a 2% cost of living adjustment due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($3,344) 370.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($970) ($970) ($970) 370.100 -Nonpublic Postsecondary Education Commission Appropriation (HB 990) The purpose of this appropriation is to authorize private post-secondary schools in Georgia; provide transcripts for students who attended schools that closed; and resolve complaints. TOTAL STATE FUNDS $808,961 $807,254 $803,910 State General Funds $808,961 $807,254 $803,910 TOTAL PUBLIC FUNDS $808,961 $807,254 $803,910 Section 44: Teachers' Retirement System TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Section Total - Continuation $1,555,000 $1,555,000 $1,555,000 $1,555,000 $448,481 $448,481 $448,481 $448,481 $25,902,975 $25,902,975 $25,902,975 $25,902,975 $27,906,456 $27,906,456 Section Total - Final $1,402,000 $1,402,000 $1,402,000 $1,402,000 $448,481 $448,481 $448,481 $448,481 $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $25,902,975 $27,906,456 $1,523,000 $1,523,000 $448,481 $448,481 2944 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $25,896,801 $25,896,801 $27,747,282 $25,842,011 $25,842,011 $27,692,492 $25,737,344 $25,737,344 $27,708,825 Floor/COLA, Local System Fund Continuation Budget The purpose of this appropriation is 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 STATE FUNDS $1,555,000 $1,555,000 $1,555,000 State General Funds $1,555,000 $1,555,000 $1,555,000 TOTAL PUBLIC FUNDS $1,555,000 $1,555,000 $1,555,000 371.1 Reduce funds from the Floor Fund due to the declining population of retired teachers who qualify for this benefit. State General Funds ($3,000) ($3,000) ($3,000) 371.2 Reduce funds from the COLA Fund due to the declining population of retired teachers who qualify for this benefit. State General Funds ($150,000) ($150,000) ($150,000) 371.3 Transfer funds from the Board of Regents per HB815 (2008 Session). State General Funds $121,000 371.100 -Floor/COLA, Local System Fund Appropriation (HB 990) The purpose of this appropriation is 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 STATE FUNDS $1,402,000 $1,402,000 $1,523,000 State General Funds $1,402,000 $1,402,000 $1,523,000 TOTAL PUBLIC FUNDS $1,402,000 $1,402,000 $1,523,000 System Administration Continuation Budget The purpose of this appropriation is to provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. TOTAL STATE FUNDS TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers $0 $448,481 $448,481 $448,481 $25,902,975 $25,902,975 $0 $448,481 $448,481 $448,481 $25,902,975 $25,902,975 $0 $448,481 $448,481 $448,481 $25,902,975 $25,902,975 FRIDAY, MARCH 28, 2008 2945 Retirement Payments TOTAL PUBLIC FUNDS 372.1 Annualize the cost of the FY08 salary adjustment. $25,902,975 $26,351,456 $25,902,975 $26,351,456 $25,902,975 $26,351,456 Retirement Payments $302,522 $302,522 $302,522 372.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $54,790 for a 2% cost of living adjustment due to revenue estimate change) Retirement Payments $219,160 $273,950 $273,950 372.3 Increase funds for performance based salary adjustments. Retirement Payments $109,580 $0 $0 372.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $206,709 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) Retirement Payments $0 $0 ($104,667) 372.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. Retirement Payments $26,364 $26,364 $26,364 372.6 Reduce funds. Retirement Payments ($743,800) ($743,800) ($743,800) 372.7 Increase funds for operational expenses. Retirement Payments $80,000 $80,000 $80,000 372.100 -System Administration Appropriation (HB 990) The purpose of this appropriation is to provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. TOTAL AGENCY FUNDS $448,481 $448,481 $448,481 Sales and Services $448,481 $448,481 $448,481 Sales and Services Not Itemized $448,481 $448,481 $448,481 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $25,896,801 $25,842,011 $25,737,344 State Funds Transfers $25,896,801 $25,842,011 $25,737,344 Retirement Payments $25,896,801 $25,842,011 $25,737,344 TOTAL PUBLIC FUNDS $26,345,282 $26,290,492 $26,185,825 It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.28% 2946 JOURNAL OF THE SENATE Section 45: Technical and Adult Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $371,074,833 $371,829,464 $371,074,833 $371,829,464 $56,550,000 $53,550,000 $53,550,000 $53,550,000 $3,000,000 $193,475,000 $193,475,000 $100,000 $100,000 $193,375,000 $193,375,000 $90,000 $3,090,000 $40,000 $40,000 $50,000 $3,050,000 $621,189,833 $621,944,464 $371,250,007 $371,250,007 $53,550,000 $53,550,000 $193,475,000 $100,000 $193,375,000 $3,090,000 $40,000 $3,050,000 $621,365,007 Adult Literacy Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS $16,016,600 $16,016,600 $14,000,000 $14,000,000 $2,000,000 $16,016,600 $16,016,600 $14,000,000 $14,000,000 $2,000,000 $16,016,600 $16,016,600 $14,000,000 $14,000,000 $2,000,000 FRIDAY, MARCH 28, 2008 2947 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 373.1 Increase funds to reflect projected revenue receipts. $2,000,000 $2,000,000 $32,016,600 $2,000,000 $2,000,000 $32,016,600 $2,000,000 $2,000,000 $32,016,600 Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,200,000 $600,000 $1,800,000 $1,200,000 $600,000 $1,800,000 $1,200,000 $600,000 $1,800,000 373.2 Annualize the cost of the FY08 salary adjustment. State General Funds $169,964 $169,964 $169,964 373.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $37,303 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $149,212 $186,515 $186,515 373.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $116,086 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($58,780) 373.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($17,199) ($17,199) ($17,199) 373.100 -Adult Literacy Appropriation (HB 990) 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 $16,318,577 $16,355,880 $16,297,100 State General Funds $16,318,577 $16,355,880 $16,297,100 TOTAL FEDERAL FUNDS $15,200,000 $15,200,000 $15,200,000 Federal Funds Not Itemized $15,200,000 $15,200,000 $15,200,000 TOTAL AGENCY FUNDS $2,600,000 $2,600,000 $2,600,000 Sales and Services $2,600,000 $2,600,000 $2,600,000 Sales and Services Not Itemized $2,600,000 $2,600,000 $2,600,000 TOTAL PUBLIC FUNDS $34,118,577 $34,155,880 $34,097,100 2948 JOURNAL OF THE SENATE Departmental Administration Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 374.1 Increase funds to reflect projected revenue receipts. $10,050,002 $10,050,002 $3,000,000 $3,000,000 $800,000 $800,000 $800,000 $13,850,002 $10,050,002 $10,050,002 $3,000,000 $3,000,000 $800,000 $800,000 $800,000 $13,850,002 $10,050,002 $10,050,002 $3,000,000 $3,000,000 $800,000 $800,000 $800,000 $13,850,002 Federal Funds Not Itemized Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Not Itemized Agency to Agency Contracts FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS $1,150,000 $100,000 $100,000 $40,000 $50,000 $1,440,000 $1,150,000 $100,000 $100,000 $40,000 $50,000 $1,440,000 $1,150,000 $100,000 $100,000 $40,000 $50,000 $1,440,000 374.2 Annualize the cost of the FY08 salary adjustment. State General Funds $118,843 $118,843 $118,843 374.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $21,568 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $86,272 $107,840 $107,840 374.4 Increase funds for performance based salary adjustments. State General Funds $43,136 $0 $0 374.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $81,171 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($41,101) 374.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. FRIDAY, MARCH 28, 2008 2949 State General Funds ($12,026) ($12,026) ($12,026) 374.7 Reduce one-time funds received for the Harriett Darnell Multi-Purpose Center. State General Funds ($10,000) ($10,000) ($10,000) 374.100 -Departmental Administration Appropriation (HB 990) 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 $10,276,227 $10,254,659 $10,213,558 State General Funds $10,276,227 $10,254,659 $10,213,558 TOTAL FEDERAL FUNDS $4,150,000 $4,150,000 $4,150,000 Federal Funds Not Itemized $4,150,000 $4,150,000 $4,150,000 TOTAL AGENCY FUNDS $1,000,000 $1,000,000 $1,000,000 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 $900,000 $900,000 $900,000 Sales and Services Not Itemized $900,000 $900,000 $900,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $90,000 $90,000 $90,000 State Funds Transfers $40,000 $40,000 $40,000 Agency to Agency Contracts $40,000 $40,000 $40,000 Federal Funds Transfers $50,000 $50,000 $50,000 FF Temporary Assistance for Needy Families CFDA93.558 $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $15,516,227 $15,494,659 $15,453,558 Quick Start and Customized Services Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 375.1 Increase funds to reflect projected revenue receipts. $16,368,043 $16,368,043 $5,000,000 $5,000,000 $5,000,000 $21,368,043 $16,368,043 $16,368,043 $5,000,000 $5,000,000 $5,000,000 $21,368,043 $16,368,043 $16,368,043 $5,000,000 $5,000,000 $5,000,000 $21,368,043 2950 JOURNAL OF THE SENATE Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $200,000 $4,875,000 $5,075,000 $200,000 $4,875,000 $5,075,000 $200,000 $4,875,000 $5,075,000 375.2 Annualize the cost of the FY08 salary adjustment. State General Funds $105,580 $105,580 $105,580 375.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $18,636 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $74,542 $93,178 $93,178 375.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $72,112 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($36,514) 375.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($10,683) ($10,683) ($10,683) 375.100 -Quick Start and Customized Services Appropriation (HB 990) 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 $16,537,482 $16,556,118 $16,519,604 State General Funds $16,537,482 $16,556,118 $16,519,604 TOTAL FEDERAL FUNDS $200,000 $200,000 $200,000 Federal Funds Not Itemized $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $9,875,000 $9,875,000 $9,875,000 Sales and Services $9,875,000 $9,875,000 $9,875,000 Sales and Services Not Itemized $9,875,000 $9,875,000 $9,875,000 TOTAL PUBLIC FUNDS $26,612,482 $26,631,118 $26,594,604 375.101 Special Project - Quick Start and Customized Services: Increase funds for a post-graduate engineering pilot program at Chattahoochee Technical College. State General Funds $200,000 375.102 Special Project - Quick Start and Customized Services: Increase funds for Base Closure and Realignment (BRAC) job retraining program for Atlanta Technical College. State General Funds $25,000 FRIDAY, MARCH 28, 2008 2951 Technical Education Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 376.1 Increase funds to reflect projected revenue receipts. $330,882,922 $330,882,922 $20,000,000 $20,000,000 $105,000,000 $105,000,000 $105,000,000 $455,882,922 $330,882,922 $330,882,922 $20,000,000 $20,000,000 $105,000,000 $105,000,000 $105,000,000 $455,882,922 $330,882,922 $330,882,922 $20,000,000 $20,000,000 $105,000,000 $105,000,000 $105,000,000 $455,882,922 Federal Funds Not Itemized Temporary Assistance for Needy Families Grant CFDA93.558 Sales and Services Not Itemized FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS $14,000,000 $3,000,000 $75,000,000 $92,000,000 $14,000,000 $75,000,000 $3,000,000 $92,000,000 $14,000,000 $75,000,000 $3,000,000 $92,000,000 376.2 Annualize the cost of the FY08 salary adjustment. State General Funds $4,100,327 $4,100,327 $4,100,327 376.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $720,260 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $2,881,040 $3,601,300 $3,601,300 376.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,800,552 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,418,062) 376.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($414,912) ($414,912) ($414,912) 376.6 Increase funds for operating expenses to reflect an increase in square footage. State General Funds $2,715,343 $2,715,343 $2,715,343 2952 JOURNAL OF THE SENATE 376.7 Reduce formula funds due to declining enrollment of 2.8%. State General Funds ($4,259,447) ($4,259,447) ($4,259,447) 376.8 Increase funds for Minor Repairs and Renovations (MRR). (G, H, and S:Reduce by $12,222,173 due to revenue estimate change and fund with bonds) State General Funds ($7,962,726) ($7,962,726) ($7,962,726) 376.9 Increase funds for operating and administrative expenses for new or existing High School Career Academies with priority given to regional academies. State General Funds $500,000 376.10 Increase funds for a one-time grant to create a new campus in Catoosa County at Bentley Place. State General Funds $250,000 376.100 -Technical Education Appropriation (HB 990) 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 $327,942,547 $328,662,807 $327,994,745 State General Funds $327,942,547 $328,662,807 $327,994,745 TOTAL FEDERAL FUNDS $37,000,000 $34,000,000 $34,000,000 Federal Funds Not Itemized $34,000,000 $34,000,000 $34,000,000 Temporary Assistance for Needy Families $3,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $3,000,000 TOTAL AGENCY FUNDS $180,000,000 $180,000,000 $180,000,000 Sales and Services $180,000,000 $180,000,000 $180,000,000 Sales and Services Not Itemized $180,000,000 $180,000,000 $180,000,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,000,000 $3,000,000 Federal Funds Transfers $3,000,000 $3,000,000 FF Temporary Assistance for Needy Families CFDA93.558 $3,000,000 $3,000,000 TOTAL PUBLIC FUNDS $544,942,547 $545,662,807 $544,994,745 Section 46: Transportation, Department of TOTAL STATE FUNDS State General Funds Section Total - Continuation $773,787,194 $773,787,194 $773,787,194 $23,372,316 $23,372,316 $23,372,316 FRIDAY, MARCH 28, 2008 2953 State Motor Fuel Funds $750,414,878 $750,414,878 $750,414,878 TOTAL FEDERAL FUNDS $1,336,932,809 $1,336,932,809 $1,336,932,809 Federal Funds Not Itemized $26,500,000 $26,500,000 $26,500,000 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,310,432,809 $1,310,432,809 $1,310,432,809 TOTAL AGENCY FUNDS $6,759,541 $6,759,541 $6,759,541 Intergovernmental Transfers $760,233 $760,233 $760,233 Sales and Services $5,999,308 $5,999,308 $5,999,308 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $657,795 $657,795 $657,795 State Funds Transfers $657,795 $657,795 $657,795 TOTAL PUBLIC FUNDS $2,118,137,339 $2,118,137,339 $2,118,137,339 Section Total - Final TOTAL STATE FUNDS $851,074,981 $860,795,799 $857,747,726 State General Funds $24,517,465 $34,238,283 $31,190,210 State Motor Fuel Funds $826,557,516 $826,557,516 $826,557,516 TOTAL FEDERAL FUNDS $1,269,017,438 $1,269,017,438 $1,269,017,438 Federal Funds Not Itemized $26,500,000 $26,500,000 $26,500,000 Federal Highway Admin.-Planning & Construction CFDA20.205$1,242,517,438 $1,242,517,438 $1,242,517,438 TOTAL AGENCY FUNDS $6,759,541 $6,759,541 $6,759,541 Intergovernmental Transfers $760,233 $760,233 $760,233 Sales and Services $5,999,308 $5,999,308 $5,999,308 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $657,795 $657,795 $657,795 State Funds Transfers $657,795 $657,795 $657,795 TOTAL PUBLIC FUNDS $2,127,509,755 $2,137,230,573 $2,134,182,500 Air Transportation Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,506,758 $1,506,758 $275,000 $275,000 $275,000 $657,795 $1,506,758 $1,506,758 $275,000 $275,000 $275,000 $657,795 $1,506,758 $1,506,758 $275,000 $275,000 $275,000 $657,795 2954 JOURNAL OF THE SENATE State Funds Transfers Air Transportation Charges TOTAL PUBLIC FUNDS 377.1 Annualize the cost of the FY08 salary adjustment. $657,795 $657,795 $2,439,553 $657,795 $657,795 $2,439,553 $657,795 $657,795 $2,439,553 State General Funds $26,237 $26,237 $26,237 377.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,500 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $14,001 $17,501 $17,501 377.3 Increase funds for performance based salary adjustments. State General Funds $7,001 $0 $0 377.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $34,545 $34,545 $34,545 377.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $13,608 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($6,890) 377.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,159 $2,159 $2,159 377.7 Increase funds for a new hangar facility and three associated positions: a facility manager, a hangar and aircraft cleaner, and a customer service representative. (H:YES) State General Funds $170,000 $0 $170,000 377.8 Increase funds for federally-required inspections of two King Airs to ensure aircraft safety and to prevent the planes from being grounded. State General Funds $730,000 $730,000 $730,000 377.100 -Air Transportation Appropriation (HB 990) 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 $2,490,701 $2,317,200 $2,480,310 State General Funds $2,490,701 $2,317,200 $2,480,310 FRIDAY, MARCH 28, 2008 2955 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Air Transportation Charges TOTAL PUBLIC FUNDS $275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,423,496 $275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,249,995 $275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,413,105 Airport Aid Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 378.1 Annualize the cost of the FY08 salary adjustment. $11,646,149 $11,646,149 $6,500,000 $6,500,000 $18,146,149 $11,646,149 $11,646,149 $6,500,000 $6,500,000 $18,146,149 $11,646,149 $11,646,149 $6,500,000 $6,500,000 $18,146,149 State General Funds $6,316 $6,316 $6,316 378.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $773 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $3,093 $3,866 $3,866 378.3 Increase funds for performance based salary adjustments. State General Funds $1,547 $0 $0 378.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $3,006 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,522) 378.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $648 $648 $648 378.6 Reduce funds received in HB95 (FY08) for airport enhancements. State General Funds ($5,000,000) ($5,000,000) ($5,000,000) 2956 JOURNAL OF THE SENATE 378.100 -Airport Aid Appropriation (HB 990) 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 $6,657,753 $6,656,979 $6,655,457 State General Funds $6,657,753 $6,656,979 $6,655,457 TOTAL FEDERAL FUNDS $6,500,000 $6,500,000 $6,500,000 Federal Funds Not Itemized $6,500,000 $6,500,000 $6,500,000 TOTAL PUBLIC FUNDS $13,157,753 $13,156,979 $13,155,457 378.101 Special Project - Airport Aid: Increase funds for the Paulding County Regional Airport for a flight building in memory of Hal Echols, Wesley Rakestraw, and Steve Simpson. State General Funds $4,000,000 $0 378.102 Special Project - Airport Aid: Increase funds for the Cherokee County Airport Authority for improvements. State General Funds $700,000 $0 378.103 Special Project - Airport Aid: Increase funds for the Glynn County Airport Commission for improvements to McKinnon Airport. State General Funds $500,000 $0 378.104 Special Project - Airport Aid: Increase funds for general airport aid throughout the state. State General Funds $9,800,000 $9,800,000 Data Collection, Compliance and Reporting Continuation Budget 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 State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 379.1 Annualize the cost of the FY08 salary adjustment. $4,498,398 $898,585 $3,599,813 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,830,912 $4,498,398 $898,585 $3,599,813 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,830,912 $4,498,398 $898,585 $3,599,813 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,830,912 State General Funds $13,057 $13,057 $13,057 FRIDAY, MARCH 28, 2008 2957 State Motor Fuel Funds TOTAL PUBLIC FUNDS $73,171 $86,228 $73,171 $86,228 $73,171 $86,228 379.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $14,403 for a 2% cost of living adjustment due to revenue estimate change) State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $7,892 $49,714 $57,606 $9,865 $62,143 $72,008 $9,865 $62,143 $72,008 379.3 Increase funds for performance based salary adjustments. State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $3,946 $24,857 $28,803 $0 $24,857 $24,857 $0 $24,857 $24,857 379.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $56,173 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $0 $0 ($3,884) $0 $0 ($24,560) $0 $0 ($28,444) 379.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $1,403 $9,353 $10,756 $1,403 $9,353 $10,756 $1,403 $9,353 $10,756 379.6 Transfer funds from State Highway System Construction and Improvement. State Motor Fuel Funds $20,000 $20,000 $20,000 379.7 Reduce funds from operations to reflect actual telecommunications expenditures. State General Funds ($17,971) ($17,971) ($17,971) 379.8 Transfer funds from 379.2 and 379.4 for operations due to revenue estimate change. State Motor Fuel Funds $60,932 $0 $0 379.100 -Data Collection, Compliance and Reporting Appropriation (HB 990) 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. 2958 JOURNAL OF THE SENATE TOTAL STATE FUNDS $4,744,752 State General Funds $906,912 State Motor Fuel Funds $3,837,840 TOTAL FEDERAL FUNDS $8,270,257 Federal Highway Admin.-Planning & Construction CFDA20.205 $8,270,257 TOTAL AGENCY FUNDS $62,257 Sales and Services $62,257 Sales and Services Not Itemized $62,257 TOTAL PUBLIC FUNDS $13,077,266 $4,694,276 $904,939 $3,789,337 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $13,026,790 $4,665,832 $901,055 $3,764,777 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,998,346 Departmental Administration Continuation Budget 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 State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 380.1 Annualize the cost of the FY08 salary adjustment. $63,873,730 $0 $63,873,730 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $75,612,523 $63,873,730 $0 $63,873,730 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $75,612,523 $63,873,730 $0 $63,873,730 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $75,612,523 State Motor Fuel Funds $778,864 $778,864 $778,864 380.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $121,190 for a 2% cost of living adjustment due to revenue estimate change) State Motor Fuel Funds $484,760 $605,950 $605,950 380.3 Increase funds for performance based salary adjustments. State Motor Fuel Funds $242,380 $242,380 $242,380 380.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $472,951 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to FRIDAY, MARCH 28, 2008 2959 22.165%) State Motor Fuel Funds $0 $0 ($239,479) 380.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State Motor Fuel Funds $81,461 $81,461 $81,461 380.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State Motor Fuel Funds $154,959 $88,030 $0 380.7 Increase funds to reflect an adjustment to the Georgia Technology Authority (GTA) telecommunications billing rate. State Motor Fuel Funds $129,742 $32,436 $32,436 380.8 Transfer funds from State Highway System Construction and Improvement. State Motor Fuel Funds $2,463,961 $2,463,961 $2,463,961 380.9 Increase funds to implement the freight logistics transport strategy to improve freight mobility and leverage state infrastructure investments. State General Funds $500,000 $0 $0 380.10 Transfer funds from 380.2 and 380.4 for operations due to revenue estimate change. State Motor Fuel Funds $594,141 $0 $0 380.100 -Departmental Administration Appropriation (HB 990) 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 $69,303,998 $68,166,812 $67,839,303 State General Funds $500,000 State Motor Fuel Funds $68,803,998 $68,166,812 $67,839,303 TOTAL FEDERAL FUNDS $10,839,823 $10,839,823 $10,839,823 Federal Highway Admin.-Planning & Construction CFDA20.205 $10,839,823 $10,839,823 $10,839,823 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 $81,042,791 $79,905,605 $79,578,096 2960 JOURNAL OF THE SENATE Local Road Assistance Continuation Budget 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 State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 381.1 Annualize the cost of the FY08 salary adjustment. $136,095,478 $0 $136,095,478 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $206,349,381 $136,095,478 $0 $136,095,478 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $206,349,381 $136,095,478 $0 $136,095,478 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $206,349,381 State Motor Fuel Funds $505,689 $505,689 $505,689 381.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $66,257 for a 2% cost of living adjustment due to revenue estimate change) State Motor Fuel Funds $265,026 $331,283 $331,283 381.3 Increase funds for performance based salary adjustments. State Motor Fuel Funds $132,513 $132,513 $132,513 381.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $258,570 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State Motor Fuel Funds $0 $0 ($130,927) 381.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State Motor Fuel Funds $49,379 $49,379 $49,379 381.6 Transfer funds to the State Highway System Maintenance program. State Motor Fuel Funds ($68,000) ($68,000) ($68,000) 381.7 Transfer funds from State Fund Construction - Off System program. State Motor Fuel Funds $8,602,101 $8,602,101 $8,602,101 381.8 Transfer funds from the State Fund Construction - Most Needed program. FRIDAY, MARCH 28, 2008 2961 State Motor Fuel Funds $8,888,533 $8,888,533 $8,888,533 381.9 Transfer funds from 381.2 and 381.4 for local road projects due to revenue estimate change. State Motor Fuel Funds $324,827 $0 $0 381.10 Increase funds for operations. State Motor Fuel Funds $824,557 381.100 -Local Road Assistance Appropriation (HB 990) 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 $154,795,546 $154,536,976 $155,230,606 State Motor Fuel Funds $154,795,546 $154,536,976 $155,230,606 TOTAL FEDERAL FUNDS $69,658,670 $69,658,670 $69,658,670 Federal Highway Admin.-Planning & Construction CFDA20.205 $69,658,670 $69,658,670 $69,658,670 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 $225,049,449 $224,790,879 $225,484,509 Ports and Waterways Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 382.1 Annualize the cost of the FY08 salary adjustment. $1,523,402 $1,523,402 $1,523,402 $1,523,402 $1,523,402 $1,523,402 $1,523,402 $1,523,402 $1,523,402 State General Funds $3,928 $3,928 $3,928 382.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $442 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $1,769 $2,211 $2,211 382.3 Increase funds for performance based salary adjustments. State General Funds $884 $0 $0 382.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and 2962 JOURNAL OF THE SENATE H:Reduce by $1,719 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($870) 382.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $216 $216 $216 382.100 -Ports and Waterways Appropriation (HB 990) 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 $1,530,199 $1,529,757 $1,528,887 State General Funds $1,530,199 $1,529,757 $1,528,887 TOTAL PUBLIC FUNDS $1,530,199 $1,529,757 $1,528,887 Rail Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 383.1 Annualize the cost of the FY08 salary adjustment. $297,483 $297,483 $88,239 $88,239 $88,239 $385,722 $297,483 $297,483 $88,239 $88,239 $88,239 $385,722 $297,483 $297,483 $88,239 $88,239 $88,239 $385,722 State General Funds $3,271 $3,271 $3,271 383.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $812 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $3,248 $4,060 $4,060 383.3 Increase funds for performance based salary adjustments. State General Funds $1,624 $0 $0 383.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $3,157 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) FRIDAY, MARCH 28, 2008 2963 State General Funds $0 $0 ($1,599) 383.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $432 $432 $432 383.100 -Rail Appropriation (HB 990) 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 $306,058 $305,246 $303,647 State General Funds $306,058 $305,246 $303,647 TOTAL AGENCY FUNDS $88,239 $88,239 $88,239 Sales and Services $88,239 $88,239 $88,239 Sales and Services Not Itemized $88,239 $88,239 $88,239 TOTAL PUBLIC FUNDS $394,297 $393,485 $391,886 State Highway System Construction and Improvement Continuation Budget The purpose of this appropriation is to ensure a safe and efficient transportation system and provide the necessary resources to accelerate the surplus property disposal process. TOTAL STATE FUNDS $284,967,946 State General Funds $0 State Motor Fuel Funds $284,967,946 TOTAL FEDERAL FUNDS $1,032,888,665 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,032,888,665 TOTAL AGENCY FUNDS $165,000 Intergovernmental Transfers $165,000 Intergovernmental Transfers Not Itemized $165,000 TOTAL PUBLIC FUNDS $1,318,021,611 384.1 Annualize the cost of the FY08 salary adjustment. $284,967,946 $0 $284,967,946 $1,032,888,665 $1,032,888,665 $165,000 $165,000 $165,000 $1,318,021,611 $284,967,946 $0 $284,967,946 $1,032,888,665 $1,032,888,665 $165,000 $165,000 $165,000 $1,318,021,611 State Motor Fuel Funds $1,530,770 $1,530,770 $1,530,770 384.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $209,333 for a 2% cost of living adjustment due to revenue estimate change) State Motor Fuel Funds $837,332 $1,046,665 $1,046,665 384.3 Increase funds for performance based salary adjustments. State Motor Fuel Funds $418,666 $418,666 $418,666 2964 JOURNAL OF THE SENATE 384.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $816,934 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State Motor Fuel Funds $0 $0 ($413,655) 384.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State Motor Fuel Funds $149,948 $149,948 $149,948 384.6 Transfer funds to the Departmental Administration, Data Collection-Compliance and Reporting, State Highway System Maintenance, and State Highway System Operations programs. State Motor Fuel Funds ($2,569,461) ($2,569,461) ($2,569,461) 384.7 Transfer funds from the State Fund Construction - Most Needed program. State Motor Fuel Funds $5,925,689 $5,925,689 $5,925,689 384.8 Transfer funds to State Road and Tollway Authority for Grant Anticipation Revenue Vehicles (Garvee) debt service payments. State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS ($3,161,702) ($12,646,808) ($15,808,510) ($3,161,702) ($12,646,808) ($15,808,510) ($3,161,702) ($12,646,808) ($15,808,510) 384.9 Reduce funds due to a reduction in the federal estimate that reflects fewer funds programmed for high priority projects and earmarks in the SAFETEA-LU Transportation Bill. State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS ($2,975,385) ($55,268,563) ($58,243,948) ($2,975,385) ($55,268,563) ($58,243,948) ($2,975,385) ($55,268,563) ($58,243,948) 384.10 Transfer funds from 384.2 and 384.4 for operations due to revenue estimate change. State Motor Fuel Funds $1,026,267 $0 $0 384.100 -State Highway System Construction and Improvement Appropriation (HB 990) The purpose of this appropriation is to ensure a safe and efficient transportation system and provide the necessary resources to accelerate the surplus property disposal process. TOTAL STATE FUNDS $286,150,070 $285,333,136 $284,919,481 State Motor Fuel Funds $286,150,070 $285,333,136 $284,919,481 TOTAL FEDERAL FUNDS $964,973,294 $964,973,294 $964,973,294 Federal Highway Admin.-Planning & Construction CFDA20.205$964,973,294 $964,973,294 $964,973,294 TOTAL AGENCY FUNDS $165,000 $165,000 $165,000 FRIDAY, MARCH 28, 2008 2965 Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $165,000 $165,000 $165,000 $165,000 $165,000 $165,000 $1,251,288,364 $1,250,471,430 $1,250,057,775 State Highway System Maintenance Continuation Budget The purpose of this appropriation is to coordinate all statewide maintenance activities. TOTAL STATE FUNDS State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 385.1 Annualize the cost of the FY08 salary adjustment. $188,393,676 $188,393,676 $153,104,852 $153,104,852 $642,602 $642,602 $642,602 $342,141,130 $188,393,676 $188,393,676 $153,104,852 $153,104,852 $642,602 $642,602 $642,602 $342,141,130 $188,393,676 $188,393,676 $153,104,852 $153,104,852 $642,602 $642,602 $642,602 $342,141,130 State Motor Fuel Funds $2,326,113 $2,326,113 $2,326,113 385.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $274,553 for a 2% cost of living adjustment due to revenue estimate change) State Motor Fuel Funds $1,098,212 $1,372,765 $1,372,765 385.3 Increase funds for performance based salary adjustments. State Motor Fuel Funds $549,106 $549,106 $549,106 385.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $1,071,458 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State Motor Fuel Funds $0 $0 ($542,534) 385.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State Motor Fuel Funds $263,792 $263,792 $263,792 385.6 Transfer funds from the State Highway System Construction and Improvement program. State Motor Fuel Funds $229,000 $229,000 $229,000 385.7 Transfer funds from 385.2 and 385.4 for operations due to revenue estimate change. 2966 JOURNAL OF THE SENATE State Motor Fuel Funds $1,346,011 $0 $0 385.100 -State Highway System Maintenance Appropriation (HB 990) The purpose of this appropriation is to coordinate all statewide maintenance activities. TOTAL STATE FUNDS $194,205,910 $193,134,452 $192,591,918 State Motor Fuel Funds $194,205,910 $193,134,452 $192,591,918 TOTAL FEDERAL FUNDS $153,104,852 $153,104,852 $153,104,852 Federal Highway Admin.-Planning & Construction CFDA20.205$153,104,852 $153,104,852 $153,104,852 TOTAL AGENCY FUNDS $642,602 $642,602 $642,602 Sales and Services $642,602 $642,602 $642,602 Sales and Services Not Itemized $642,602 $642,602 $642,602 TOTAL PUBLIC FUNDS $347,953,364 $346,881,906 $346,339,372 State Highway System Operations Continuation Budget The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management. TOTAL STATE FUNDS State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 386.1 Annualize the cost of the FY08 salary adjustment. $25,685,255 $25,685,255 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $65,382,037 $25,685,255 $25,685,255 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $65,382,037 $25,685,255 $25,685,255 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $65,382,037 State Motor Fuel Funds $482,404 $482,404 $482,404 386.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $68,506 for a 2% cost of living adjustment due to revenue estimate change) State Motor Fuel Funds $274,026 $342,532 $342,532 386.3 Increase funds for performance based salary adjustments. State Motor Fuel Funds $137,013 $137,013 $137,013 386.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $267,349 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to FRIDAY, MARCH 28, 2008 2967 22.165%) State Motor Fuel Funds $0 $0 ($135,372) 386.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State Motor Fuel Funds $55,313 $55,313 $55,313 386.6 Transfer funds to the State Highway System Maintenance program. State Motor Fuel Funds ($75,500) ($75,500) ($75,500) 386.7 Transfer funds from 386.2 and 386.4 for operations due to revenue estimate change. State Motor Fuel Funds $335,855 $0 $0 386.100 -State Highway System Operations Appropriation (HB 990) The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management. TOTAL STATE FUNDS $26,894,366 $26,627,017 $26,491,645 State Motor Fuel Funds $26,894,366 $26,627,017 $26,491,645 TOTAL FEDERAL FUNDS $35,670,542 $35,670,542 $35,670,542 Federal Highway Admin.-Planning & Construction CFDA20.205 $35,670,542 $35,670,542 $35,670,542 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 $66,591,148 $66,323,799 $66,188,427 Transit Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 387.1 Annualize the cost of the FY08 salary adjustment. $7,499,939 $7,499,939 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,505,939 $7,499,939 $7,499,939 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,505,939 $7,499,939 $7,499,939 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,505,939 2968 JOURNAL OF THE SENATE State General Funds $14,524 $14,524 $14,524 387.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,681 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $6,722 $8,403 $8,403 387.3 Increase funds for performance based salary adjustments. State General Funds $3,361 $0 $0 387.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $6,533 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($3,308) 387.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,296 $1,296 $1,296 387.100 -Transit Appropriation (HB 990) 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 $7,525,842 $7,524,162 $7,520,854 State General Funds $7,525,842 $7,524,162 $7,520,854 TOTAL FEDERAL FUNDS $20,000,000 $20,000,000 $20,000,000 Federal Funds Not Itemized $20,000,000 $20,000,000 $20,000,000 TOTAL AGENCY FUNDS $6,000 $6,000 $6,000 Sales and Services $6,000 $6,000 $6,000 Sales and Services Not Itemized $6,000 $6,000 $6,000 TOTAL PUBLIC FUNDS $27,531,842 $27,530,162 $27,526,854 Payments to the State Road and Tollway Authority Continuation Budget 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 State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $47,798,980 $0 $47,798,980 $47,798,980 $47,798,980 $0 $47,798,980 $47,798,980 $47,798,980 $0 $47,798,980 $47,798,980 FRIDAY, MARCH 28, 2008 2969 388.1 Add funds for the State Transportation Infrastructure Bank to make loans and provide financial assistance for transportation projects. (H:Remove $4.6 million in state general funds and apply motor fuel savings derived from salary and health insurance reductions) State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $4,600,000 $25,000,000 $29,600,000 $0 $28,100,000 $28,100,000 $0 $29,600,000 $29,600,000 388.2 Increase funds for State Highway System Construction and Improvement for Grant Anticipation Revenue Vehicles (GARVEE) debt service payments. State Motor Fuel Funds $3,161,702 $3,161,702 $3,161,702 388.3 Increase funds to reflect anticipated Guaranteed Revenue Bonds (GRB) debt service payments in FY09. State Motor Fuel Funds $6,041,431 $6,041,431 $541,431 388.4 Increase funds to reflect the increase in debt service for the Reimbursement Revenue Bonds (RIBS). State Motor Fuel Funds $9,867,673 $9,867,673 $9,617,673 388.5 Utilize existing funds for the construction of a sound barrier along the south end of GA 400 ($400,000). (S:YES) State General Funds $0 388.6 Increase funds for the Community Improvement District (CID) Congestion Relief Fund per SB410 (2008 Session). State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $2,000,000 $5,000,000 $7,000,000 388.99 SAC: The purpose of this appropriation is to provide funds through the State Road and Tollway Authority for bond trustees for debt service payments on non-general obligation bonds and other finance instruments, and provide funds for the State Transportation Infrastructure Bank to make loans and provide financial assistance for transportation projects. House: The purpose of this appropriation is to provide funds through the State Road and Tollway Authority for bond trustees for debt service payments on non-general obligation bonds and other finance instruments, and provide funds for the State Transportation Infrastructure Bank to make loans and provide financial assistance for transportation projects. Gov Rev: The purpose of this appropriation is to provide funds through the State Road and Tollway Authority for bond trustees for debt service payments on non-general obligation bonds and other finance instruments, and provide funds for the State Transportation Infrastructure Bank to make loans and provide financial assistance for transportation projects. State Motor Fuel Funds $0 $0 $0 388.100 -Payments to the State Road and Tollway Authority Appropriation (HB 990) The purpose of this appropriation is to provide funds through the State Road and Tollway Authority for bond trustees for debt service 2970 JOURNAL OF THE SENATE payments on non-general obligation bonds and other finance instruments, and provide funds for the State Transportation Infrastructure Bank to make loans and provide financial assistance for transportation projects. TOTAL STATE FUNDS $96,469,786 $94,969,786 $97,719,786 State General Funds $4,600,000 $2,000,000 State Motor Fuel Funds $91,869,786 $94,969,786 $95,719,786 TOTAL PUBLIC FUNDS $96,469,786 $94,969,786 $97,719,786 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 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. g.) No State Funds or proceeds of General Obligation Debt shall be utilized for the acquisition, construction, development, FRIDAY, MARCH 28, 2008 2971 extension, enlargement, rehabilitation or improvement of any commuter rail passenger facilities unless otherwise specifically appropriated thereby herein. Section 47: Veterans Service, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $25,286,306 $25,286,306 $25,286,306 $25,286,306 $11,919,879 $11,919,879 $11,919,879 $11,919,879 $37,206,185 $37,206,185 Section Total - Final $25,022,705 $25,402,389 $25,022,705 $25,402,389 $10,977,379 $10,977,379 $10,977,379 $10,977,379 $36,000,084 $36,379,768 $25,286,306 $25,286,306 $11,919,879 $11,919,879 $37,206,185 $25,401,669 $25,401,669 $22,561,534 $22,561,534 $47,963,203 Departmental Administration Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 389.1 Annualize the cost of the FY08 salary adjustment. $695,585 $695,585 $695,585 $695,585 $695,585 $695,585 $695,585 $695,585 $695,585 State General Funds $4,236 $4,236 $4,236 389.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $821 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $3,282 $4,103 $4,103 389.3 Increase funds for performance based salary adjustments. State General Funds $1,641 $0 $0 389.4 Increase funds to make structure adjustments to the statewide salary plan. 2972 JOURNAL OF THE SENATE State General Funds $10 $10 $10 389.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $3,138 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,589) 389.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $15,173 $15,173 $15,173 389.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $10,293 $6,788 $0 389.8 Increase one-time funds for operations relating to processing a backlog of veterans case files. [One-Time Change] State General Funds $20,000 $20,000 $20,000 389.9 Increase funds for two counselors, a records clerk, and an administrative person. State General Funds $113,142 389.100 -Departmental Administration Appropriation (HB 990) 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 $750,220 $745,895 $850,660 State General Funds $750,220 $745,895 $850,660 TOTAL PUBLIC FUNDS $750,220 $745,895 $850,660 Georgia Veterans Memorial Cemetery Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 390.1 Annualize the cost of the FY08 salary adjustment. $566,022 $566,022 $44,054 $44,054 $610,076 $566,022 $566,022 $44,054 $44,054 $610,076 $566,022 $566,022 $44,054 $44,054 $610,076 FRIDAY, MARCH 28, 2008 2973 State General Funds $2,647 $2,647 $2,647 390.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $661 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $2,645 $3,306 $3,306 390.3 Increase funds for performance based salary adjustments. State General Funds $1,322 $0 $0 390.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $8 $8 $8 390.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,529 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,281) 390.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $6,432,900 390.100 -Georgia Veterans Memorial Cemetery Appropriation (HB 990) 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 $572,644 $571,983 $570,702 State General Funds $572,644 $571,983 $570,702 TOTAL FEDERAL FUNDS $44,054 $44,054 $6,476,954 Federal Funds Not Itemized $44,054 $44,054 $6,476,954 TOTAL PUBLIC FUNDS $616,698 $616,037 $7,047,656 Georgia War Veterans Nursing Home - Augusta Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $5,960,242 $5,960,242 $3,104,750 $3,104,750 $9,064,992 $5,960,242 $5,960,242 $3,104,750 $3,104,750 $9,064,992 $5,960,242 $5,960,242 $3,104,750 $3,104,750 $9,064,992 2974 JOURNAL OF THE SENATE 391.1 Annualize the cost of the FY08 salary adjustment. State General Funds $50,103 $50,103 $50,103 391.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $6,381 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $25,526 $31,907 $31,907 391.3 Increase funds for performance based salary adjustments. State General Funds $12,763 $0 $0 391.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $76 $76 $76 391.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $24,405 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($12,357) 391.6 Increase funds to offset inflationary healthcare costs related to pharmaceuticals and skilled nursing care. State General Funds $99,055 $99,055 391.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $2,716,806 391.100 -Georgia War Veterans Nursing Home - Augusta Appropriation (HB 990) 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 $6,048,710 $6,141,383 $6,129,026 State General Funds $6,048,710 $6,141,383 $6,129,026 TOTAL FEDERAL FUNDS $3,104,750 $3,104,750 $5,821,556 Federal Funds Not Itemized $3,104,750 $3,104,750 $5,821,556 TOTAL PUBLIC FUNDS $9,153,460 $9,246,133 $11,950,582 Georgia War Veterans Nursing Home - Milledgeville Continuation Budget The purpose of this appropriation is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS State General Funds $12,009,788 $12,009,788 $12,009,788 $12,009,788 $12,009,788 $12,009,788 FRIDAY, MARCH 28, 2008 2975 TOTAL FEDERAL FUNDS $8,167,635 $8,167,635 $8,167,635 Federal Funds Not Itemized $8,167,635 $8,167,635 $8,167,635 TOTAL PUBLIC FUNDS $20,177,423 $20,177,423 $20,177,423 392.1 Reduce one-time funds received in HB95 (FY08) for the electrical system located in the Wheeler Building. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($507,500) ($942,500) ($1,450,000) ($507,500) ($942,500) ($1,450,000) ($507,500) ($942,500) ($1,450,000) 392.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $2,434,449 392.100 -Georgia War Veterans Nursing Home - Milledgeville Appropriation (HB 990) The purpose of this appropriation is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $11,502,288 $11,502,288 $11,502,288 State General Funds $11,502,288 $11,502,288 $11,502,288 TOTAL FEDERAL FUNDS $7,225,135 $7,225,135 $9,659,584 Federal Funds Not Itemized $7,225,135 $7,225,135 $9,659,584 TOTAL PUBLIC FUNDS $18,727,423 $18,727,423 $21,161,872 Veterans Benefits Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 393.1 Annualize the cost of the FY08 salary adjustment. $6,054,669 $6,054,669 $603,440 $603,440 $6,658,109 $6,054,669 $6,054,669 $603,440 $603,440 $6,658,109 $6,054,669 $6,054,669 $603,440 $603,440 $6,658,109 State General Funds $46,064 $46,064 $46,064 393.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $8,003 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $32,010 $40,013 $40,013 393.3 Increase funds for performance based salary adjustments. 2976 JOURNAL OF THE SENATE State General Funds $16,006 $0 $0 393.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $94 $94 $94 393.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $30,605 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($15,497) 393.6 Utilize existing funds to add one benefits counselor position to each of the Veterans Service Offices in Valdosta, Augusta, and Newnan. (G:YES)(H:YES)(S:Add funds to add one benefits counselor to each of the Veterans Service Offices in Valdosta, Augusta, Newnan, Brunswick, Columbus, and Macon.) State General Funds $0 $0 $215,550 393.7 Increase funds for expected rental rates of the department's six field offices located in non-state owned office spaces. State General Funds $8,100 393.100 -Veterans Benefits Appropriation (HB 990) 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 $6,148,843 $6,140,840 $6,348,993 State General Funds $6,148,843 $6,140,840 $6,348,993 TOTAL FEDERAL FUNDS $603,440 $603,440 $603,440 Federal Funds Not Itemized $603,440 $603,440 $603,440 TOTAL PUBLIC FUNDS $6,752,283 $6,744,280 $6,952,433 393.101 Special Project - Veterans Benefits: Increase funds for a web-based system that would enable veterans to submit forms and claims information to state and federal veteran administrations. State General Funds $300,000 $0 Section 48: Workers' Compensation, State Board of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 FRIDAY, MARCH 28, 2008 2977 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $17,476,585 $17,777,955 $17,476,585 $17,777,955 $200,000 $200,000 $200,000 $200,000 $17,676,585 $17,977,955 $17,720,194 $17,720,194 $200,000 $200,000 $17,920,194 Administer the Workers' Compensation Laws Continuation Budget The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 394.1 Increase funds to reflect projected revenue receipts. $10,801,978 $10,801,978 $10,801,978 $10,801,978 $10,801,978 $10,801,978 $10,801,978 $10,801,978 $10,801,978 Sales and Services Not Itemized $175,000 $175,000 $175,000 394.2 Annualize the cost of the FY08 salary adjustment. State General Funds $336,989 $336,989 $336,989 394.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $25,111 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $100,446 $125,557 $125,557 394.4 Increase funds for performance based salary adjustments. State General Funds $50,223 $0 $0 394.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $95,199 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($48,204) 394.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($267) ($267) ($267) 394.100 -Administer the Workers' Compensation Laws Appropriation (HB 990) The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. 2978 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $11,289,369 $11,289,369 $175,000 $175,000 $175,000 $11,464,369 $11,264,257 $11,264,257 $175,000 $175,000 $175,000 $11,439,257 $11,216,053 $11,216,053 $175,000 $175,000 $175,000 $11,391,053 Board Administration Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS 395.1 Increase funds to reflect projected revenue receipts. $6,466,072 $6,466,072 $6,466,072 $6,466,072 $6,466,072 $6,466,072 $6,466,072 $6,466,072 $6,466,072 Sales and Services Not Itemized $25,000 $25,000 $25,000 395.2 Annualize the cost of the FY08 salary adjustment. State General Funds $22,765 $22,765 $22,765 395.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $4,979 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $19,915 $24,894 $24,894 395.4 Increase funds for performance based salary adjustments. State General Funds $9,958 $0 $0 395.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $18,875 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($9,557) 395.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($33) ($33) ($33) 395.7 Reduce payments to the State Treasury. State General Funds ($345,361) ($345,361) ($345,361) FRIDAY, MARCH 28, 2008 2979 395.8 Increase funds for additional real estate space for alternative dispute resolution hearings. State General Funds $13,900 $13,900 $13,900 395.9 Increase funds for ongoing maintenance, software, and hardware support for the Integrated Claims Management System. (G:Reduce by $331,461 due to revenue estimate change) State General Funds $0 $331,461 $331,461 395.100 -Board Administration Appropriation (HB 990) 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 $6,187,216 $6,513,698 $6,504,141 State General Funds $6,187,216 $6,513,698 $6,504,141 TOTAL AGENCY FUNDS $25,000 $25,000 $25,000 Sales and Services $25,000 $25,000 $25,000 Sales and Services Not Itemized $25,000 $25,000 $25,000 TOTAL PUBLIC FUNDS $6,212,216 $6,538,698 $6,529,141 Section 49: State of Georgia General Obligation Debt Sinking Fund Section Total - Continuation TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL AGENCY FUNDS Reserved Fund Balances TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $934,608,991 $934,608,991 $765,596,669 $765,596,669 $169,012,322 $169,012,322 $105,033,144 $105,033,144 $105,033,144 $105,033,144 $1,039,642,135 $1,039,642,135 Section Total - Final $1,033,935,766 $1,003,393,610 $818,334,423 $787,792,267 $215,601,343 $215,601,343 $1,033,935,766 $1,003,393,610 $934,608,991 $765,596,669 $169,012,322 $105,033,144 $105,033,144 $1,039,642,135 $1,011,905,892 $796,304,549 $215,601,343 $1,011,905,892 General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS State General Funds Continuation Budget $835,141,296 $835,141,296 $672,109,074 $672,109,074 $835,141,296 $672,109,074 2980 JOURNAL OF THE SENATE State Motor Fuel Funds $163,032,222 $163,032,222 $163,032,222 TOTAL AGENCY FUNDS $105,033,144 $105,033,144 $105,033,144 Reserved Fund Balances $105,033,144 $105,033,144 $105,033,144 General Obligation Debt Reserve-State General Funds $67,648,144 $67,648,144 $67,648,144 General Obligation Debt Reserve-State Motor Fuel Funds $37,385,000 $37,385,000 $37,385,000 TOTAL PUBLIC FUNDS $940,174,440 $940,174,440 $940,174,440 396.1 Transfer funds from General Obligation (GO) Bonds New to GO Bonds Issued to reflect the issuance of new bonds. State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $93,487,595 $5,980,100 $99,467,695 $93,487,595 $5,980,100 $99,467,695 $93,487,595 $5,980,100 $99,467,695 396.2 Decrease debt service for existing obligation on issued bonds. State General Funds ($40,350,929) ($40,350,929) ($40,350,929) 396.3 Decrease debt service to reflect savings from bonds purchased by Georgia State Financing and Investment Commission. State General Funds ($1,508,612) ($1,508,612) ($1,508,612) 396.4 Decrease debt service to reflect the defeasance of previously issued bonds due to a change in use. State General Funds ($7,831,878) ($7,831,878) ($7,831,878) 396.5 Reduce debt service for authorized unissued bonds for the Department of Transportation. State Motor Fuel Funds ($2,432,670) ($2,432,670) ($2,432,670) 396.6 Increase debt service for existing obligation on issued bonds for the Department of Transportation. State Motor Fuel Funds $28,482,991 $28,482,991 $28,482,991 396.7 Eliminate reserves for authorized but not issued debt. General Obligation Debt Reserve-State General Funds General Obligation Debt Reserve-State Motor Fuel Funds TOTAL PUBLIC FUNDS ($67,648,144) ($67,648,144) ($67,648,144) ($37,385,000) ($37,385,000) ($37,385,000) ($105,033,144) ($105,033,144) ($105,033,144) 396.8 Decrease debt service for issued bonds to reflect advanced payment included in HB989 (FY08A). State General Funds ($7,672,379) ($7,672,379) 396.9 Repeal the authorization in HB95 (FY08) of $710,000 in 5-year bonds for the Georgia Ports Authority. State General Funds 396.100 -General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS ($161,880) Appropriation (HB 990) $910,967,893 $903,295,514 $903,133,634 FRIDAY, MARCH 28, 2008 2981 State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $715,905,250 $195,062,643 $910,967,893 $708,232,871 $195,062,643 $903,295,514 $708,070,991 $195,062,643 $903,133,634 General Obligation Debt Sinking Fund - New Continuation Budget TOTAL STATE FUNDS $99,467,695 $99,467,695 $99,467,695 State General Funds $93,487,595 $93,487,595 $93,487,595 State Motor Fuel Funds $5,980,100 $5,980,100 $5,980,100 TOTAL PUBLIC FUNDS $99,467,695 $99,467,695 $99,467,695 397.1 Transfer funds from General Obligation (GO) Bonds New to GO Bonds Issued to reflect the issuance of new bonds. State General Funds ($93,487,595) ($93,487,595) ($93,487,595) State Motor Fuel Funds ($5,980,100) ($5,980,100) ($5,980,100) TOTAL PUBLIC FUNDS ($99,467,695) ($99,467,695) ($99,467,695) Total Debt Service 0 year at 0% State General Funds ($93,487,595) ($93,487,595) ($93,487,595) 20 year at 5.75% State General Funds State Motor Fuel Funds $69,698,783 $20,538,700 $54,132,071 $20,538,700 $57,757,728 $20,538,700 5 year at 5% State General Funds $32,730,390 $25,427,325 $30,475,830 Total Debt Service State General Funds State Motor Fuel Funds Total Principal Amount $8,941,578 $20,538,700 ($13,928,199) $20,538,700 ($5,254,037) $20,538,700 0 year at 0% State General Funds ($93,487,595) ($93,487,595) ($93,487,595) 20 year at 5.75% State General Funds State Motor Fuel Funds $816,145,000 $633,865,000 $676,320,000 $240,500,000 $240,500,000 $240,500,000 5 year at 5% State General Funds $141,690,000 $110,075,000 $131,930,000 2982 JOURNAL OF THE SENATE Total Principal State General Funds State Motor Fuel Funds $864,347,405 $650,452,405 $714,762,405 $240,500,000 $240,500,000 $240,500,000 397.100 -General Obligation Debt Sinking Fund - New Appropriation (HB 990) Corrections, Department of 397.101 BOND: GDC multi-projects: $5,000,000 in principal for 5 years at 5%: Major facility repairs statewide. From State General Funds, $1,155,000 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 $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 $1,155,000 $1,155,000 $1,155,000 Corrections, Department of 397.102 BOND: GDC multi-projects: $4,000,000 in principal for 5 years at 5%: Minor facility construction and renovations statewide. From State General Funds, $924,000 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $924,000 $924,000 $924,000 Corrections, Department of 397.103 BOND: Headquarters and Training Academy: $15,650,000 in principal for 20 years at 5.75%: Complete the funding of the Headquarters Relocation and Training Academy. From State General Funds, $1,336,510 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, FRIDAY, MARCH 28, 2008 2983 both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,673,020 $1,336,510 $1,336,510 Corrections, Department of 397.104 BOND: GDC multi-projects: $9,880,000 in principal for 20 years at 5.75%: Security and life safety upgrades statewide. From State General Funds, $843,752 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 $9,880,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $843,752 $843,752 $843,752 Defense, Department of 397.110 BOND: National Guard Armories: $1,365,000 in principal for 5 years at 5%: Fund facility and site improvements statewide. From State General Funds, $315,315 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 $1,365,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $315,315 $315,315 $315,315 Investigation, Georgia Bureau of 397.120 BOND: Perry Bomb Truck Garage: $100,000 in principal for 5 years at 5%: Design and construct a bomb truck garage in Perry. From State General Funds, $23,100 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 2984 JOURNAL OF THE SENATE $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 $23,100 $0 $23,100 Investigation, Georgia Bureau of 397.121 BOND: Savannah Bomb Truck Garage: $100,000 in principal for 5 years at 5%: Design and construct a bomb truck garage in Savannah. From State General Funds, $23,100 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 $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 $23,100 $0 $23,100 Investigation, Georgia Bureau of 397.122 BOND: GBI Multi-Projects: $395,000 in principal for 5 years at 5%: Fund facility roofing, electrical, and HVAC repairs and renovations statewide. From State General Funds, $91,245 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 $395,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $91,245 $91,245 $91,245 Investigation, Georgia Bureau of 397.123 BOND: GBI Headquarters and Morgue: $570,000 in principal for 20 years at 5.75%: Fund roof replacement. From State General Funds, $48,678 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 $570,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in FRIDAY, MARCH 28, 2008 2985 excess of 240 months. State General Funds $48,678 $48,678 $48,678 Juvenile Justice, Department of 397.130 BOND: DJJ Multi-Projects: $4,345,000 in principal for 5 years at 5%: Fund facility repairs statewide. From State General Funds, $1,003,695 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 $4,345,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,003,695 $1,003,695 $1,003,695 Juvenile Justice, Department of 397.131 BOND: DJJ Multi-Projects: $6,810,000 in principal for 5 years at 5%: Fund minor construction and renovations for facilities statewide. From State General Funds, $1,573,110 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,810,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,573,110 $1,573,110 $1,573,110 Juvenile Justice, Department of 397.132 BOND: DJJ Multi-Projects: $4,500,000 in principal for 20 years at 5.75%: Expand the Clayton and Gwinnett RYDC's, complete construction of the Laramore YDC, and design and begin construction of a new 64 bed YDC and new 150 bed RYDC. From State General Funds, $384,300 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, 2986 JOURNAL OF THE SENATE 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 $634,949 $384,300 Public Safety, Department of 397.140 BOND: Public Safety Training Center: $1,700,000 in principal for 20 years at 5.75%: Replace the burn building at the Georgia Fire Academy. From State General Funds, $145,180 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 $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $42,700 $145,180 $145,180 Environmental Facilities Authority, Georgia 397.200 BOND: Local Government Infrastructure: $42,000,000 in principal for 20 years at 5.75%: Provide funds for the State Funded Water and Sewer Construction Loan Program. From State General Funds, $3,586,800 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 $42,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $3,586,800 $3,586,800 $3,586,800 Environmental Facilities Authority, Georgia 397.201 BOND: Local Government Infrastructure: $2,400,000 in principal for 20 years at 5.75%: Provide funds for the Clean Water State Revolving Fund Match Water and Sewer Construction Loan Program. From State General Funds, $204,960 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 $2,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $204,960 $204,960 $204,960 FRIDAY, MARCH 28, 2008 2987 Environmental Facilities Authority, Georgia 397.202 BOND: Local Government Infrastructure: $5,600,000 in principal for 20 years at 5.75%: Provide funds for the Drinking Water State Revolving Fund Match Water and Sewer Construction Loan Program. From State General Funds, $478,240 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 $5,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $478,240 $478,240 $478,240 Environmental Facilities Authority, Georgia 397.203 BOND: Local Government Infrastructure: $30,000,000 in principal for 20 years at 5.75%: Construct reservoirs and water system improvements statewide. From State General Funds, $2,562,000 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 $30,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,562,000 $4,270,000 $2,562,000 Ports Authority, Georgia 397.210 BOND: Ports Authority: $0 in principal for 20 years at 5.75%: Provide State funds to match Federal funds for the Savannah Harbor Expansion Project. (G and S:Reduce principal by $17,000,000 due to revenue estimate change) State General Funds $0 $2,220,400 $0 Regional Transportation Authority, Georgia 397.220 BOND: Xpress: $6,650,000 in principal for 5 years at 5%: Purchase buses for route expansion and service improvements. From State General Funds, $1,536,150 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Regional Transportation Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. 2988 JOURNAL OF THE SENATE State General Funds $3,072,300 $0 $1,536,150 Regional Transportation Authority, Georgia 397.221 BOND: Xpress: $4,700,000 in principal for 20 years at 5.75%: Acquire right-of-way and construct GRTA Xpress park- and-ride lots. From State General Funds, $401,380 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Regional Transportation 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 $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 $401,380 $401,380 $401,380 Transportation, Department of 397.230 BOND: Savannah harbor: $3,405,000 in principal for 20 years at 5.75%: Provide State funds for Federal funds match for the Savannah Harbor Dike Disposal Area project. From State General Funds, $290,787 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 $3,405,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $290,787 $290,787 $290,787 Transportation, Department of 397.231 BOND: Fast Forward: $230,000,000 in principal for 20 years at 5.75%: Provide funds for the Fast Forward program statewide. From State Motor Fuel Funds, $19,642,000 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 $230,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. FRIDAY, MARCH 28, 2008 2989 State Motor Fuel Funds $19,642,000 $19,642,000 $19,642,000 Transportation, Department of 397.232 BOND: Roads and Bridges: $10,500,000 in principal for 20 years at 5.75%: Replace the district office in Tennille. From State Motor Fuel Funds, $896,700 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 $10,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State Motor Fuel Funds $896,700 $896,700 $896,700 Transportation, Department of 397.233 BOND: Rail Lines: $7,700,000 in principal for 20 years at 5.75%: Rail lines: Lyerly to Coosa ($2,000,000), Nunez to Vidalia ($4,000,000), Ardmore to Sylvania ($200,000), St. Augustine Road Rail Switching Yard Expansion ($1,000,000), and McNatt Boulevard Extension rail crossing at McNatt Boulevard and Highway 280 to access new hospital ($500,000). From State General Funds, $657,580 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 $7,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $657,580 Transportation, Department of 397.234 BOND: Welcome Center - Rabun County: $2,000,000 in principal for 20 years at 5.75%: Construct a Welcome Center for Tallulah Falls on the Rabun County side. From State General Funds, $170,800 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in 2990 JOURNAL OF THE SENATE excess of 240 months. State General Funds $170,800 World Congress Center Authority 397.240 BOND: Georgia World Congress Center: $9,800,000 in principal for 20 years at 5.75%: Provide for property acquisition, design, and construction of the Mangum Street property for parking. From State General Funds, $836,920 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 than $9,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $836,920 $836,920 $836,920 World Congress Center Authority 397.241 BOND: Georgia World Congress Center: $0 in principal for 20 years at 5.75%: Provide funds for the Georgia World Congress Center and Centennial Olympic Park. State General Funds $427,000 $0 Education, Department of 397.300 BOND: K - 12 Schools: $0 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Regular for local school construction. State General Funds $9,598,960 $0 $0 Education, Department of 397.301 BOND: K - 12 Schools: $0 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Exceptional Growth for local school construction. State General Funds $8,355,536 $0 $0 Education, Department of 397.302 BOND: K - 12 Schools: $83,365,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Regular Advance for local school construction. (H:Provide $84,250,000 to fund the Capital Outlay Program - Regular Advance, for local school construction and fully fund the Jefferson County elementary school advanced funding project requested FRIDAY, MARCH 28, 2008 2991 in FY08) From State General Funds, $7,119,371 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 $83,365,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $7,119,371 $7,194,950 $7,119,371 Education, Department of 397.303 BOND: K - 12 Schools: $2,030,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Low Wealth for local school construction. From State General Funds, $173,362 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 $2,030,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $173,362 $173,362 $173,362 Education, Department of 397.304 BOND: K - 12 Equipment: $8,855,000 in principal for 5 years at 5%: Purchase Vocational Equipment for Middle School laboratories. From State General Funds, $2,045,505 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 $8,855,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $2,045,505 $2,045,505 $2,045,505 Education, Department of 397.305 BOND: Cobb County Board of Education: $0 in principal for 20 years at 5.75%: Design and construct a charter school to be operated by the Cobb County School System. State General Funds $683,200 $0 2992 JOURNAL OF THE SENATE Education, Department of 397.306 BOND: K - 12 Schools: $20,000,000 in principal for 20 years at 5.75%: Provide additional funds to schools that meet low wealth eligibility requirements per O.C.G.A. 20-2-262(d)(1)(5) to assist with major capital projects. From State General Funds, $1,708,000 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 $1,708,000 Administrative Services, Department of 397.400 BOND: Georgia Aviation Authority: $3,100,000 in principal for 5 years at 5%: Purchase one replacement airplane (King Air 350) and four replacement helicopters (Bell 407). (G and S:Reduce principal by $15,300,000 and purchase one replacement helicopter (Bell 407) for the Department of Public Safety due to revenue estimate change) From State General Funds, $716,100 is specifically appropriated for the purpose of financing projects and facilities for the Department of Administrative Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $716,100 $0 $716,100 Building Authority, Georgia 397.410 BOND: GBA multi-projects: $3,000,000 in principal for 20 years at 5.75%: Remediate and replace fuel storage tanks at state owned sites statewide. From State General Funds, $256,200 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $256,200 $256,200 $256,200 FRIDAY, MARCH 28, 2008 2993 Building Authority, Georgia 397.411 BOND: GBA Parking Spaces: $0 in principal for 5 years at 5%: Design of covered parking deck for legislators and state employees located at the site of current Department of Transportation Building. State General Funds $568,260 $0 $0 Building Authority, Georgia 397.412 BOND: GBA multi-projects: $5,405,000 in principal for 5 years at 5%: Fund water conservation improvements for Capitol Hill facilities. From State General Funds, $1,248,555 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 $5,405,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,248,555 $1,248,555 $1,248,555 Building Authority, Georgia 397.413 BOND: GBA multi-projects: $0 in principal for 5 years at 5%: Design of Capitol Green Space Project including Pedestrian Bridge. State General Funds $1,940,400 $0 $0 Building Authority, Georgia 397.414 BOND: State History Museum: $0 in principal for 20 years at 5.75%: Design, renovate, equip, and construct exhibits at the former site of the Coca-Cola Museum. (G, H, and S:Reduce principal by $15,640,000 due to revenue estimate change) State General Funds $0 $0 $0 Revenue, Department of 397.420 BOND: Tax System: $8,000,000 in principal for 5 years at 5%: Continue implementation of Integrated Tax System. From State General Funds, $1,848,000 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 2994 JOURNAL OF THE SENATE $8,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,848,000 $1,848,000 $1,848,000 Revenue, Department of 397.421 BOND: Tax System: $2,750,000 in principal for 5 years at 5%: Develop and implement an Enterprise Data Warehouse. From State General Funds, $635,250 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 $2,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $635,250 $635,250 $635,250 Human Resources, Department of 397.500 BOND: DHR multi-projects: $3,455,000 in principal for 20 years at 5.75%: Fund statewide facility repairs and renovations for kitchens ($1,100,000) and roofing ($2,355,000). From State General Funds, $295,057 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 $3,455,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $295,057 $295,057 $295,057 Human Resources, Department of 397.501 BOND: Central State Hospital: $6,940,000 in principal for 20 years at 5.75%: Fund facility and infrastructure repairs and equipment replacement: replace culvert at steam plant ($930,000), replace laundry equipment and utilities ($5,180,000), and water system upgrades ($830,000). From State General Funds, $592,676 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 FRIDAY, MARCH 28, 2008 2995 than $6,940,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $592,676 $592,676 $592,676 Human Resources, Department of 397.502 BOND: West Central Georgia Regional Hospital: $1,510,000 in principal for 20 years at 5.75%: Replace air handler units ($925,000) and replace water lines ($585,000). From State General Funds, $128,954 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 $1,510,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $128,954 $128,954 $128,954 Human Resources, Department of 397.503 BOND: Southwestern State Hospital - Thomasville: $600,000 in principal for 20 years at 5.75%: Replace boilers. From State General Funds, $51,240 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 $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 $51,240 $51,240 $51,240 Human Resources, Department of 397.504 BOND: Northwest Georgia Regional Hospital: $1,860,000 in principal for 20 years at 5.75%: Fund facility and infrastructure repairs: replace underground steam and condensate lines ($615,000), install backflow preventers on water lines ($505,000), and new electrode steam boiler ($740,000). From State General Funds, $158,844 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 2996 JOURNAL OF THE SENATE than $1,860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $158,844 $158,844 $158,844 Human Resources, Department of 397.505 BOND: Central State Hospital: $0 in principal for 5 years at 5%: Fund various capital projects. State General Funds $88,935 $0 Human Resources, Department of 397.506 BOND: Northwest Georgia Regional Hospital: $0 in principal for 5 years at 5%: Fund various capital projects. State General Funds $129,360 $0 Veterans Service, Department of 397.510 BOND: Georgia War Veterans Nursing Home, Milledgeville: $240,000 in principal for 20 years at 5.75%: Install Metal Roofing System and Mechanical Upgrades in the Wood Building. From State General Funds, $20,496 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 $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 $20,496 $20,496 $20,496 Veterans Service, Department of 397.511 BOND: Georgia War Veterans Nursing Home, Milledgeville: $775,000 in principal for 20 years at 5.75%: Fund Energy Upgrades including Windows and Insulation in the Wheeler Building. From State General Funds, $66,185 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 $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 $66,185 $66,185 $66,185 FRIDAY, MARCH 28, 2008 2997 University System of Georgia, Board of Regents 397.600 BOND: Regents: $65,000,000 in principal for 20 years at 5.75%: Fund major repairs and rehabilitation. (G, H, and S:Increase by $35,000,000 due to revenue estimate change) From State General Funds, $5,551,000 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 $65,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $5,551,000 $5,551,000 $5,551,000 University System of Georgia, Board of Regents 397.601 BOND: Savannah State College: $1,900,000 in principal for 5 years at 5%: Purchase Equipment for an Academic Classroom Building. From State General Funds, $438,900 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 $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $438,900 $0 $438,900 University System of Georgia, Board of Regents 397.602 BOND: Macon State College: $2,600,000 in principal for 5 years at 5%: Purchase Equipment for the Professional Sciences Center. From State General Funds, $600,600 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 $2,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $600,600 $600,600 $600,600 2998 JOURNAL OF THE SENATE University System of Georgia, Board of Regents 397.603 BOND: Fort Valley State University: $2,100,000 in principal for 5 years at 5%: Purchase Equipment for an Academic Classroom and Laboratory Building. From State General Funds, $485,100 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 $2,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $485,100 $485,100 $485,100 University System of Georgia, Board of Regents 397.604 BOND: University of Georgia: $4,500,000 in principal for 5 years at 5%: Purchase Equipment for the College of Pharmacy. From State General Funds, $1,039,500 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 60 months. State General Funds $1,039,500 $1,039,500 $1,039,500 University System of Georgia, Board of Regents 397.605 BOND: Kennesaw State University: $4,500,000 in principal for 5 years at 5%: Purchase Equipment for the Health Sciences Building. From State General Funds, $1,039,500 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 60 months. State General Funds $1,039,500 $1,039,500 $1,039,500 FRIDAY, MARCH 28, 2008 2999 University System of Georgia, Board of Regents 397.606 BOND: Medical College of Georgia: $65,000,000 in principal for 20 years at 5.75%: Design, construct, and equip the School of Dentistry. From State General Funds, $5,551,000 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 $65,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $5,978,000 $5,124,000 $5,551,000 University System of Georgia, Board of Regents 397.607 BOND: Southern Polytechnic State University: $33,305,000 in principal for 20 years at 5.75%: Design and construct an Engineering Technology Center. From State General Funds, $2,844,247 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 $33,305,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,844,247 $2,844,247 $2,844,247 University System of Georgia, Board of Regents 397.608 BOND: Valdosta State University: $4,075,000 in principal for 20 years at 5.75%: Renovate existing space for math and computer science classrooms. From State General Funds, $348,005 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 $4,075,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $348,005 $348,005 $348,005 3000 JOURNAL OF THE SENATE University System of Georgia, Board of Regents 397.609 BOND: State University of West Georgia: $1,900,000 in principal for 20 years at 5.75%: Construct Northwest Campus Infrastructure. From State General Funds, $162,260 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 $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $162,260 $162,260 $162,260 University System of Georgia, Board of Regents 397.610 BOND: Clayton State University: $6,900,000 in principal for 20 years at 5.75%: Fund design, construction, and equipment for remediation of the Business/Health Science Building. From State General Funds, $589,260 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 $6,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $589,260 $0 $589,260 University System of Georgia, Board of Regents 397.611 BOND: Georgia Southern University: $4,000,000 in principal for 20 years at 5.75%: Design, construct, and equip the Hendricks Hall renovation. From State General Funds, $341,600 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 $341,600 $0 $341,600 FRIDAY, MARCH 28, 2008 3001 University System of Georgia, Board of Regents 397.612 BOND: Georgia Institute of Technology: $0 in principal for 20 years at 5.75%: Renovate the Hinman Technology Building. State General Funds $546,560 $546,560 $0 University System of Georgia, Board of Regents 397.613 BOND: Skidaway Institute of Oceanography: $1,200,000 in principal for 20 years at 5.75%: Design and construction for Marine Operations Infrastructure. From State General Funds, $102,480 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 $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $102,480 $0 $102,480 University System of Georgia, Board of Regents 397.614 BOND: Regents: $11,800,000 in principal for 20 years at 5.75%: Design, construct, and equip a new Alpharetta Academic Facility for Georgia State University and Georgia Perimeter College. (H and S:Design and construct Alpharetta Academic Facility - remove equipment) From State General Funds, $1,007,720 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 $11,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,093,120 $1,007,720 $1,007,720 University System of Georgia, Board of Regents 397.615 BOND: Albany State University: $1,500,000 in principal for 5 years at 5%: Provide design funds for the Ray Charles Fine Arts Center. From State General Funds, $346,500 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, 3002 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 $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 $346,500 $0 $346,500 University System of Georgia, Board of Regents 397.616 BOND: Coastal Georgia Community College: $0 in principal for 5 years at 5%: Provide design funds for a Health Sciences Building. State General Funds $231,000 $231,000 $0 University System of Georgia, Board of Regents 397.617 BOND: Abraham Baldwin Agricultural College: $6,000,000 in principal for 5 years at 5%: Design and renovate the Tift, Lewis, and Herring Halls. From State General Funds, $1,386,000 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 $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $138,600 $138,600 $1,386,000 University System of Georgia, Board of Regents 397.618 BOND: East Georgia College: $0 in principal for 20 years at 5.75%: Renovate the biology labs. State General Funds $59,780 $0 $0 University System of Georgia, Board of Regents 397.619 BOND: Macon State College: $1,600,000 in principal for 20 years at 5.75%: Design of Teacher Education Building. From State General Funds, $136,640 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 $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have FRIDAY, MARCH 28, 2008 3003 maturities not in excess of 240 months. State General Funds $136,640 $136,640 $136,640 University System of Georgia, Board of Regents 397.620 BOND: Gordon College: $13,200,000 in principal for 20 years at 5.75%: Design, construct, and equip a Nursing and Health Building. (H and S:Design and construct the Nursing/Health Building - remove equipment) From State General Funds, $1,127,280 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 $13,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,229,760 $1,127,280 $1,127,280 University System of Georgia, Board of Regents 397.621 BOND: Gainesville State College: $2,400,000 in principal for 5 years at 5%: Provide design funds for an Academic Classroom Facility. From State General Funds, $554,400 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 $2,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $554,400 $0 $554,400 University System of Georgia, Board of Regents 397.622 BOND: University of Georgia: $1,500,000 in principal for 5 years at 5%: Design a Special Collections Library. From State General Funds, $346,500 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. 3004 JOURNAL OF THE SENATE State General Funds $346,500 $346,500 $346,500 University System of Georgia, Board of Regents 397.623 BOND: Traditional Industries and Research Alliance - Regents: $19,000,000 in principal for 5 years at 5%: Purchase equipment for major R&D Infrastructure for science-based economic development. From State General Funds, $4,389,000 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 $19,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $4,389,000 $4,389,000 $4,389,000 University System of Georgia, Board of Regents 397.624 BOND: Traditional Industries and Research Alliance - Regents: $600,000 in principal for 5 years at 5%: Purchase equipment. From State General Funds, $138,600 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 60 months. State General Funds $207,900 $138,600 $138,600 University System of Georgia, Board of Regents 397.625 BOND: East Georgia College: $500,000 in principal for 20 years at 5.75%: Design the Classroom and Student Learning Center/Administration Building in Statesboro. From State General Funds, $42,700 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 $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. FRIDAY, MARCH 28, 2008 3005 State General Funds $42,700 $42,700 University System of Georgia, Board of Regents 397.626 BOND: Fort Valley State University: $750,000 in principal for 20 years at 5.75%: Design, construct, and equip the Animal Rescue Center. From State General Funds, $64,050 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 $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 $64,050 $64,050 University System of Georgia, Board of Regents 397.627 BOND: Medical College of Georgia: $0 in principal for 20 years at 5.75%: Design a consolidated School of Dentistry, School of Medicine, and Education Commons facility. State General Funds $427,000 $0 University System of Georgia, Board of Regents 397.628 BOND: State University of West Georgia: $8,000,000 in principal for 20 years at 5.75%: Renovate the Speaker Murphy Library and Office. From State General Funds, $683,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $683,200 $683,200 University System of Georgia, Board of Regents 397.629 BOND: Georgia Institute of Technology: $10,000,000 in principal for 20 years at 5.75%: Design and begin construction of the Innovative Learning Resource Center. From State General Funds, $854,000 is specifically appropriated for the purpose of financing projects and 3006 JOURNAL OF THE SENATE 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 $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $854,000 $854,000 University System of Georgia, Board of Regents 397.630 BOND: Medical College of Georgia: $500,000 in principal for 5 years at 5%: Renovate and equip Umbilical Cord Stem Cell Core Facility. From State General Funds, $115,500 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 $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 $115,500 University System of Georgia, Board of Regents 397.631 BOND: Medical College of Georgia: $650,000 in principal for 5 years at 5%: Purchase a Zeiss "Live Five" microscope system. From State General Funds, $150,150 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 $650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $150,150 Technical and Adult Education, Department of 397.650 BOND: Technical College Multi-Projects: $11,590,000 in principal for 5 years at 5%: Purchase equipment for construction projects. From State General Funds, $2,677,290 is specifically appropriated for the purpose of financing projects and FRIDAY, MARCH 28, 2008 3007 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 $11,590,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $2,677,290 $2,677,290 $2,677,290 Technical and Adult Education, Department of 397.651 BOND: Technical College Multi-Projects: $7,500,000 in principal for 5 years at 5%: Replace obsolete equipment statewide. From State General Funds, $1,732,500 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 $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 $1,732,500 $1,732,500 $1,732,500 Technical and Adult Education, Department of 397.652 BOND: Central Georgia Technical College: $17,670,000 in principal for 20 years at 5.75%: Design and construct a Center for Health Sciences at the Milledgeville Campus. From State General Funds, $1,509,018 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 $17,670,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,509,018 $0 $1,509,018 Technical and Adult Education, Department of 397.653 BOND: Athens Area Technical College: $5,235,000 in principal for 20 years at 5.75%: Design and construct an Industrial Technology Building on the Elbert County Campus. From State General Funds, $447,069 is specifically appropriated for the purpose of financing projects and 3008 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 $5,235,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $447,069 $447,069 $447,069 Technical and Adult Education, Department of 397.654 BOND: Appalachian Technical College: $7,855,000 in principal for 20 years at 5.75%: Design and construct a Classroom Building on the Cherokee County Campus. From State General Funds, $670,817 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 $7,855,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $670,817 $670,817 $670,817 Technical and Adult Education, Department of 397.655 BOND: Albany Technical College: $9,150,000 in principal for 20 years at 5.75%: Design and construct the Logistics Training Center (Building K). From State General Funds, $781,410 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 $9,150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $781,410 $781,410 $781,410 Technical and Adult Education, Department of 397.656 BOND: Southeastern Technical College: $4,000,000 in principal for 20 years at 5.75%: Design and construct an Automotive Technology Building. From State General Funds, $341,600 is specifically appropriated for the purpose of financing projects and FRIDAY, MARCH 28, 2008 3009 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $341,600 $341,600 $341,600 Technical and Adult Education, Department of 397.657 BOND: Lanier Technical College: $1,500,000 in principal for 20 years at 5.75%: Design and construct an auditorium - Forsyth Campus. From State General Funds, $128,100 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $128,100 $0 $128,100 Technical and Adult Education, Department of 397.658 BOND: Lanier Technical College: $5,000,000 in principal for 20 years at 5.75%: Design and construct building expansion - Dawson Campus. From State General Funds, $427,000 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 $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 $427,000 $0 $427,000 Technical and Adult Education, Department of 397.659 BOND: Gwinnett Technical College: $18,650,000 in principal for 20 years at 5.75%: Design and construct a Life Sciences Building. From State General Funds, $1,592,710 is specifically appropriated for the purpose of financing projects and 3010 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 $18,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,592,710 $1,592,710 $1,592,710 Technical and Adult Education, Department of 397.660 BOND: Technical College Multi-Projects: $15,000,000 in principal for 20 years at 5.75%: Construct High School Career Academies located on public school campuses statewide. (S:Fund new and existing career academies established as a charter school and partnered with a local school board, technical college, or university system college) From State General Funds, $1,281,000 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 $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $427,000 $0 $1,281,000 Technical and Adult Education, Department of 397.661 BOND: Technical College Multi-Projects: $12,220,000 in principal for 20 years at 5.75%: Fund major repairs and renovations. (G, H, and S:Increase by $12,220,000 due to revenue estimate change) From State General Funds, $1,043,588 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 $12,220,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,043,588 $1,043,588 $1,043,588 Technical and Adult Education, Department of 397.662 BOND: East Central Technical College: $500,000 in principal for 5 years at 5%: Design a Transportation Logistics Center. FRIDAY, MARCH 28, 2008 3011 From State General Funds, $115,500 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 $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 $115,500 Technical and Adult Education, Department of 397.663 BOND: Chattahoochee Technical College: $750,000 in principal for 20 years at 5.75%: Design an Academic Classroom Building for the Mountain View campus. From State General Funds, $64,050 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 $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 $64,050 Technical and Adult Education, Department of 397.664 BOND: Southwest Georgia Technical College: $12,760,000 in principal for 20 years at 5.75%: Classroom Building Phase 2. From State General Funds, $1,089,704 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 $12,760,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,089,704 Technical and Adult Education, Department of 397.665 BOND: Atlanta Technical College: $4,190,000 in principal for 20 years at 5.75%: Design, construct, and equip the library renovation. 3012 JOURNAL OF THE SENATE From State General Funds, $357,826 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 $4,190,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $357,826 Technical and Adult Education, Department of 397.666 BOND: Northwestern Technical College: $250,000 in principal for 20 years at 5.75%: Design a new campus in Catoosa County. From State General Funds, $21,350 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 $250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $21,350 University System of Georgia, Board of Regents 397.680 BOND: Nancy Guinn Memorial Library: $2,000,000 in principal for 20 years at 5.75%: Renovate existing space and design and construct a new addition as a part of the Conyers-Rockdale Library. From State General Funds, $170,800 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 Nancy Guinn Memorial 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 $170,800 $170,800 $170,800 University System of Georgia, Board of Regents 397.681 BOND: Senoia Public Library: $1,225,000 in principal for 20 years at 5.75%: Design and construct as a part of the Coweta County Public Library. From State General Funds, $104,615 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 Senoia Public Library, for FRIDAY, MARCH 28, 2008 3013 that library, through the issuance of not more than $1,225,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $104,615 $104,615 $104,615 University System of Georgia, Board of Regents 397.682 BOND: Blackshear Memorial Library: $1,900,000 in principal for 20 years at 5.75%: Design and construct as a part of the Okefenokee Regional Library System. From State General Funds, $162,260 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 Blackshear Memorial Library, for that library, through the issuance of not more than $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $162,260 $162,260 $162,260 University System of Georgia, Board of Regents 397.683 BOND: Houston County Library: $2,000,000 in principal for 20 years at 5.75%: Design and construct as a part of the Houston County Public Libraries. From State General Funds, $170,800 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 Houston County 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 $170,800 $0 $170,800 University System of Georgia, Board of Regents 397.684 BOND: Grantville Public Library: $665,000 in principal for 20 years at 5.75%: Design and construct as part of the Coweta County Public Library System. From State General Funds, $56,791 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 Grantville Public Library, for that library, through the issuance of not more than $665,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $56,791 University System of Georgia, Board of Regents 397.685 BOND: Forsyth County Public Library: $2,000,000 in principal for 20 years at 5.75%: Design and construct as part of 3014 JOURNAL OF THE SENATE the Forsyth County Public Library. From State General Funds, $170,800 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Forsyth County Public Library, for that library, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $170,800 University System of Georgia, Board of Regents 397.686 BOND: Jeff Davis Public Library: $200,000 in principal for 20 years at 5.75%: Design as part of the Satilla Regional Library System to match $3,000,000 in local funding. From State General Funds, $17,080 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Jeff Davis Public Library, for that library, through the issuance of not more than $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 $17,080 University System of Georgia, Board of Regents 397.687 BOND: Mildred L. Terry Branch Library: $500,000 in principal for 20 years at 5.75%: Design and construct as part of the Chattahoochee Valley Regional Library System. From State General Funds, $42,700 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 Mildred L. Terry Branch Library, for that library, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $42,700 University System of Georgia, Board of Regents 397.700 BOND: Georgia Military College: $20,000,000 in principal for 20 years at 5.75%: Design, Construct, and Equip a New Prep School Facility for Grades 6 through 12. From State General Funds, $1,708,000 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 $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have FRIDAY, MARCH 28, 2008 3015 maturities not in excess of 240 months. State General Funds $854,000 $1,708,000 $1,708,000 Agriculture, Department of 397.710 BOND: State Farmer's Markets: $1,250,000 in principal for 5 years at 5%: Renovate and repair State Farmer's Markets. From State General Funds, $288,750 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 $1,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $288,750 $288,750 $288,750 Agriculture, Department of 397.711 BOND: Fuel Oil Laboratory: $2,000,000 in principal for 20 years at 5.75%: Design and site development. From State General Funds, $170,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $452,620 $170,800 Forestry Commission, State 397.720 BOND: Forestry Equipment: $2,500,000 in principal for 5 years at 5%: Purchase firefighting equipment. (S:Purchase firefighting equipment and retrofit helicopter) From State General Funds, $577,500 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 $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $577,500 $577,500 $577,500 3016 JOURNAL OF THE SENATE Forestry Commission, State 397.721 BOND: Forestry Buildings: $1,000,000 in principal for 5 years at 5%: Provide funds for facilities maintenance. From State General Funds, $231,000 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 $231,000 $231,000 Natural Resources, Department of 397.730 BOND: Don Carter State Park: $1,965,000 in principal for 5 years at 5%: Design of the Don Carter State Park (Chattahoochee River). From State General Funds, $453,915 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 $1,965,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $453,915 $453,915 $453,915 Natural Resources, Department of 397.731 BOND: Resaca Battlefield Historic Site: $3,000,000 in principal for 20 years at 5.75%: Construct Resaca Battlefield Historic Site. From State General Funds, $256,200 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 $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $256,200 $256,200 $256,200 FRIDAY, MARCH 28, 2008 3017 Natural Resources, Department of 397.732 BOND: DNR multi-projects: $1,000,000 in principal for 20 years at 5.75%: Renovate aging docks and boat ramps, and bulkhead repairs. From State General Funds, $85,400 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 240 months. State General Funds $85,400 $0 $85,400 Natural Resources, Department of 397.733 BOND: Georgia National Fairgrounds and Agricenter: $7,290,000 in principal for 20 years at 5.75%: Design, construct, and equip new horse barn and practice ring. From State General Funds, $622,566 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 $7,290,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $622,566 $0 $622,566 Natural Resources, Department of 397.734 BOND: Yuchi Wildlife Management Area: $2,400,000 in principal for 20 years at 5.75%: Construct a lake. From State General Funds, $204,960 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 $2,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $204,960 3018 JOURNAL OF THE SENATE Natural Resources, Department of 397.735 BOND: Tybee Island: $1,000,000 in principal for 5 years at 5%: Fund beach restoration. From State General Funds, $231,000 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 60 months. State General Funds $231,000 Jekyll Island State Park Authority 397.740 BOND: Jekyll Island: $25,000,000 in principal for 20 years at 5.75%: Provide for public infrastructure improvements at Jekyll Island State Park. From State General Funds, $2,135,000 is specifically appropriated for the purpose of financing projects and facilities for the Jekyll Island State Park 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 $25,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,135,000 $2,135,000 $2,135,000 Section 50: Federal Funds 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. In the preceding sentence, "Federal Funds" means any federal funding source, whether specifically identified or not specifically identified; "Other Funds" means all other fund sources except State Funds or Federal Funds, including without limitation, Intra-State Government Transfers. This paragraph does not permit an agency to include within its flex the appropriations for an agency attached to it for administrative purposes. 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. FRIDAY, MARCH 28, 2008 3019 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 fundsappropriated 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: Salary Adjustments The appropriations to budget units made above include funds for, and have the added purpose of, the following salary increases and adjustments, administered in conformity with the applicable compensation and performance management plans as provided by law: 1.) A general salary increase of 2.5% for employees of the Executive and Legislative Branches. The amount for this Item is calculated according to an effective date of January 1, 2009. 2.) In lieu of other numbered items, (a) to provide 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 determined by the Office of Planning and Budget according to O.C.G.A. 45-7-4(b), 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 increases of up to 2.5% 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, 2009. 3.) Before item 1 above, but not in lieu of, funds for supplemental salary adjustments for certain employees in the job titles and departments shown in the "Summary of Critical Job Classifications" on page 39 of The Governor's Budget Report FY 2009. The employees are those within the listed job titles and agencies with salaries below a target market salary as identified by the State Personnel Administration, calculated for an effective date of January 1, 2009. 4.) Before item 1 above, but not in lieu of, funds to adjust salaries of certain employees in the job titles and departments shown in the "Summary of Special Job Classifications" on page 40 of The Governor's Budget Report FY 2009. The employees are 3020 JOURNAL OF THE SENATE those within the listed job titles and agencies as determined by the Commissioner of Personnel Administration in December of 2007. The purpose is to adjust salaries of incumbents to address turnover and recruitment issues, calculated for an effective date of January 1, 2009. 5.) After items 1, 3 and 4 above, to provide for a 3% increase in the maxima and minima of the statewide salary plan. 6.) In lieu of other numbered items, (a) To provide for a 2.5% increase across the State Salary Schedule of the State Board of Education through a 2.5% increase in the state base salary. This proposed 2.5% 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, 2008; (b) To provide for a 2.5% increase in funding for salaries for lunchroom workers and for a 2.5% 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, 2008. 7.) In lieu of other numbered items, to provide a 2.5% 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 September 1, 2008. 8.) In lieu of other numbered items, to provide a 2.5% 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, 2009. 9.) In lieu of other numbered items, to provide a 2.5% salary increase for public librarians administered by the Board of Regents. The amount for this Item is calculated according to an effective date of January 1, 2009. 10.) In lieu of other numbered items, to provide for a 2.5% salary increase for faculties and nonacademic personnel within the Department of Technical and Adult Education. The amount for this Item is calculated according to an effective date of January 1, 2009. 11.) After, before or in lieu of any adjustments based on items 1, 3 and 4 above, to adjust salaries and salary plans and provide a general salary increase reflecting the appropriate continuation market benchmark salaries in the following agencies and job titles: FRIDAY, MARCH 28, 2008 Department of Corrections: Correctional Officer (Job Code: 17242) Correctional Officer, Farm Services (Job Code: 17259) Department of Human Resources: Clinical Home Health Care (Job Code: 71143) MH/DD Shift Supervisor (LPN) (Job Code: 71146) Nurse (Job Code: 71128) Nurse (Inpatient) (Job Code: 71113) Nurse Assistant Chief (Job Code: 71168) Nurse Camp (Job Code: 71137) Nurse Charge (Inpatient) (Job Code: 71101) Nurse Charge Resident Crisis Stabilization (Job Code: 71176) Nurse Clinical Specialist Team Leader (Job Code: 71151) Nurse Coordinator Public Health (Job Code: 71119) Nurse Coordinator (CSH), OHIS (Job Code: 71157) Nurse Day Administrator (Savannah) (Job Code: 71102) Nurse Evaluator (WS) (Job Code: 71166) Nurse Lead (Job Code: 71126) Nurse Licensed Practical, Home Health (Job Code: 71139) Nurse Licensed Practical (Job Code: 71129) Nurse Licensed Practical Public Health (Job Code: 71125) Nurse Licensed Practical Inpatient (Job Code: 71109) Nurse Manager, Assistant (CSB) (Job Code: 71178) Nurse Manager (Inpatient) (Job Code: 71112) Nurse Public Health (Job Code: 71122) Nurse Resident Crisis Stabilization (Job Code: 71175) Nurse Specialist (Job Code: 71132) Nurse Specialist Public Health (Job Code: 71121) Nurse Staff (Job Code: 71127) Nurse Supervisor (YCA) (Job Code: 71173) Nurse & Clinical Assistant Director, Dist PH (Job Code: 71131) Nursing Assistant, Certified (Job Code: 71141) 3021 3022 JOURNAL OF THE SENATE Nursing Assistant (YCA) (Job Code: 71174) Nursing Assistant Lead, Certified (Job Code: 71139) Nursing Director (Job Code: 71177) Nursing Director, Clinical (Job Code: 71171) Nursing Supervisor PH (Job Code: 71118) Nursing & Clinical Director, Dist PH (Job Code: 71116) Nurse Surveyor (Job Code: 19609) Georgia Bureau of Investigation: ASAC/MJTF (Job Code: 17433) Assistant Crime Lab Associate (Job Code: 90305) Assistant Special Agent in Charge (Job Code: 17459) Crime Lab Associate (Job Code: 90618) Crime Lab Scientist 3 (Job Code: 90616) Special Agent 3 (Job Code: 17453) Special Agent in Charge (Job Code: 17461) Department of Juvenile Justice: Juvenile Correctional Officer 1 (Job Code: 17251) Department of Natural Resources: Administrative Operations Manager (Job Code: 61709) Conservation Captain Academy Director (Job Code: 17913) Conservation Corporal (Job Code: 17906) Conservation Captain Safety Education Officer (Job Code: 17916) Conservation Captain Special Projects Officer (Job Code: 17914) Conservation Ranger (Job Code: 17911) Conservation Ranger 1st Class (Job Code: 17907) Conservation Sergeant (Job Code: 17905) Conservation Sergeant Administrative Specialist (Job Code: 17919) Conservation Sergeant State Investigator (Job Code: 17918) Division Director, Assistant (Job Code: 13007) Fisheries Technician (Job Code: 13816) FRIDAY, MARCH 28, 2008 3023 Historic Site Manager 1 (Job Code: 13401) Historic Site Manager 2 (Job Code: 13402) Law Enforcement Chief, Assistant (Job Code: 17902) Law Enforcement Region Supervisor (Job Code: 17904) Lodge Operations Manager Lodge/Parks General Manager 2 (Job Code: 13849) Lodge/Parks Region Manager (Job Code: 13835) Parks Assistant Manager 1 (Job Code: 13605) Parks Assistant Manager 2 (Job Code: 13604) Parks Manager 1 (Job Code: 13603) Parks Manager 2 (Job Code: 13602) Parks Manager 3 (Job Code: 13601) Parks Ranger Enforcement (Job Code: 13608) Parks Region Supervisor (Job Code: 13611) Parks Resource Manager 1 (Job Code: 13616) Parks Resource Manager 2 (Job Code: 13617) Parks Resource Manager 3 (Job Code: 13618) Wildlife Technician (Job Code: 13815) Board of Pardons and Paroles: Parole Officer (Job Code: 17527) Parole Officer, Assistant Chief (Job Code: 17531) Parole Officer, Chief (Job Code: 17526) Parole Officer, Senior (Job Code: 17527) Regional Director (Job Code: 60046) Section 54: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of the General Appropriations Act for state fiscal year 2007-2008 (Section 49 of Ga. L. 2007, pp. 1 of 277, 263), as carried forward in Section 49 of House Bill 989 (Ga. L. 2008, Book One, Volume Two Appendix, commencing as p. 1 of 170, 162) is hereby repealed in its entirety: From the appropriation designated "State General Funds (New)", $161,880 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, 3024 JOURNAL OF THE SENATE both real and personal, necessary or useful in connection therewith, $710,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. Section 55: 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 Total State Funds and Total Federal Funds under a caption beginning with a Program, Special Project or general obligation debt number that has a 100 or a higher number after the decimal and a Program or Special Project name. In each case, such appropriation is associated with the immediately preceding Program or Special Project name and statement of Program or Special Project purpose. The Program or Special Project purpose is stated immediately below the Program or Special Project name. Text in a group of lines that have a number less than 100 after the decimal is not part of a statement of purpose and is for informational purposes only. Amounts in the columns other than the right-most column are for informational purposes only. The summary and lowest level of detail for Total Agency Funds and Total Intra-State Governmental Transfers 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 except as qualified in the paragraph immediately below in regard to Total Federal Funds. Sections 50, 51, 52, 53, and 54 contain, constitute, or amend appropriations. When an agency receives appropriations from the group of Total Federal Funds category for more than one program, the appropriation is the amount stated, and each program shall also be authorized an additional one hundred percent (100%) of the stated amount, except that no Federal Funds may be transferred from program 190.100 "Child Care Services" under Section 26 in the Department of Human Resources Department, to any other program. If the additional authority to increase federal funds is used, the appropriation of federal funds for one or more of the other appropriations to that agency shall be reduced such that the stated total in the federal fund appropriations within the section is not exceeded. Section 56: Bonds (reserved) 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. MONDAY, MARCH 31, 2008 3025 On the adoption of the substitute, there were no objections, 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 E Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. HB 990, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator David Shafer District 48 421 State Capitol Atlanta, GA 30334 Committees: Regulated Industries and Utilities Insurance and Labor Finance Banking and Financial Institutions Reapportionment and Redistricting Health and Human Services Rules Science and Technology 3026 JOURNAL OF THE SENATE The State Senate Atlanta, Georgia 30334 March 28, 2008 Dear Mr. Secretary, I was away from the floor tending to business in the House when the vote was called on House Bill 990. I would have voted in favor of the bill. Respectfully submitted, /s/ David Shafer State Senator, District 48 Senator Williams of the 19th asked unanimous consent that HB 990 be immediately transmitted to the House. There was no objection. The Calendar was resumed. HB 1016. By Representatives Lane of the 158th, Burns of the 157th, Knight of the 126th and Jerguson of the 22nd: A BILL to be entitled an Act to amend Code Section 27-4-151 of the Official Code of Georgia Annotated, relating to the use of crab traps, identification of boats or vessels, and closure of salt waters, so as to provide the commissioner of natural resources the ability to manage certain aspects of the blue crab resource; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Johnson of the 1st. The Senate Natural Resources and the Environment Committee offered the following substitute to HB 1016: A BILL TO BE ENTITLED AN ACT To amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fish, so as to provide for the salt-water and fresh-water demarcation lines; to provide the commissioner of natural resources the ability to manage certain aspects of the blue crab MONDAY, MARCH 31, 2008 3027 resource; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fish, is amended by revising paragraph (1) of subsection (a) of Code Section 27-4-1, relating to the salt-water and fresh-water demarcation line, as follows: "(1) The point at which U.S. Highway 17 crosses the following bodies of water and their tributaries shall be the line of demarcation for them: St. Marys River, Satilla River, South Altamaha River, Champney River, Butler River, Darien River, Little Ogeechee System (except Salt Creek), North Newport River, Medway River, Big Ogeechee River, and the point at which Georgia Highway 25 / South Carolina 170 crosses the Savannah River and its tributaries. All water seaward of these points shall be considered salt water; and" SECTION 2. Said chapter is further amended by revising subsection (j) of Code Section 27-4-151, relating to the use of crab traps, identification of boats or vessels, and closure of salt waters, as follows: "(j) The commissioner shall have the power to close all or any portion of the saltwaters salt waters of this state to commercial and recreational fishing for blue crabs or any component of the blue crab fishery, including peeler, soft, or sponge crabs, in the event of flood, drought, disease, or any other emergency situation or in the event of a disaster or other occurrence likely to cause seafood to be unfit for human consumption. Any determination to close the saltwaters salt waters pursuant to this subsection or to reopen such waters shall be made in accordance with current, sound principles of wildlife research and management as provided by Code Section 27-4-130." 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, there were no objections, 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: 3028 JOURNAL OF THE SENATE Y Adelman Balfour E Brown Y Bulloch Y Butler E Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D Y Smith Y Staton 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 Wiles Williams On the passage of the bill, the yeas were 49, nays 1. HB 1016, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Tommie Williams District 19 236 State Capitol Atlanta, GA 30334 Committees: Finance Appropriations Reapportionment and Redistricting Regulated Industries and Utilities Rules The State Senate Atlanta, Georgia 30334 3/28/08 Please record my vote on HB 1016 as a YEA. /s/ Tommie Williams The following Senators were excused for business outside the Senate Chamber: MONDAY, MARCH 31, 2008 3029 Reed of the 35th Seabaugh of the 28th Tate of the 38th The Calendar was resumed. HB 1121. By Representatives Willard of the 49th, Knox of the 24th, Millar of the 79th, Lindsey of the 54th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to change certain provisions relating to insurance coverage for condominium associations; 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 E Brown Y Bulloch Y Butler E Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Rogers Y Schaefer E Seabaugh E Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 48, nays 1. HB 1121, having received the requisite constitutional majority, was passed. 3030 JOURNAL OF THE SENATE The following Senators were excused for business outside the Senate Chamber: Chance of the 16th Stoner of the 6th Unterman of the 45th HB 1132. By Representatives Lindsey of the 54th, Tumlin of the 38th, Ashe of the 56th, Teilhet of the 40th, Willard of the 49th and others: A BILL to be entitled an Act to amend Title 44 of the O.C.G.A., relating to property, so as to enact the "Uniform Environmental Covenants Act"; to provide for a short title; to define terms; to provide for the nature of rights and subordination of interests; to provide for the contents of an environmental covenant; to provide for validity and the effect on other instruments; to provide for the relationship between environmental covenants and other land use laws; to provide for notice of an environmental covenant; to provide for recording of environmental covenant; to provide for duration of environmental covenant and amendment by court action; to provide for amendment or termination of an environmental covenant by consent; to provide for enforcement of environmental covenants; to provide for a registry of environmental covenants and substitute notice of environmental covenants; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Harp of the 29th. The Senate Special Judiciary Committee offered the following substitute to HB 1132: A BILL TO BE ENTITLED AN ACT To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to enact the "Uniform Environmental Covenants Act"; to provide for a short title; to define terms; to provide for the nature of rights and subordination of interests; to provide for the contents of an environmental covenant; to provide for validity and the effect on other instruments; to provide for the relationship between environmental covenants and other land use laws; to provide for notice of an environmental covenant; to provide for recording of environmental covenant; to provide for duration of environmental covenant and amendment by court action; to provide for amendment or termination of an environmental covenant by consent; to provide for enforcement of environmental covenants; to provide that a registry of environmental covenants may be established; to provide for rules, regulations, and fees; to provide for uniformity of application and construction; to provide for interaction with federal law; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: MONDAY, MARCH 31, 2008 3031 SECTION 1. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by adding a new chapter to read as follows: "CHAPTER 16 44-16-1. This chapter may be known as and may be cited as the 'Uniform Environmental Covenants Act.' 44-16-2. As used in this chapter, the term: (1) 'Activity and use limitations' means restrictions or obligations created under this chapter with respect to real property. (2) 'Agency' means the Environmental Protection Division of the Department of Natural Resources or any federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created. (3) 'Common interest community' means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community. (4) 'Environmental covenant' means a servitude arising under an environmental response project that imposes activity and use limitations. (5) 'Environmental response project' means a plan or work performed for environmental remediation of real property and conducted: (A) Under a federal or state program governing environmental remediation of real property; (B) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or (C) Under a state voluntary clean-up program. (6) 'Holder' means the grantee of an environmental covenant as specified in subsection (a) of Code Section 44-16-3. (7) 'Person' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, political subdivision, agency, or instrumentality, or any other legal or commercial entity. (8) 'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. 44-16-3. (a) Any person, including a person that owns an interest in the real property, the 3032 JOURNAL OF THE SENATE agency, or a municipality, county, consolidated government, or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder shall be an interest in real property. (b) A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, shall not be considered an interest in real property. (c) An agency shall be bound by any obligation it assumes in an environmental covenant, but an agency shall not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant shall be bound by the obligations the person assumes in the covenant, but signing the covenant shall not change obligations, rights, or protections granted or imposed under law. (d) The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended: (1) An interest that has priority under other law shall not be affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant; (2) The provisions of this chapter shall not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant; (3) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners association; and (4) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that persons interest but shall not by itself impose any affirmative obligation on the person with respect to the environmental covenant. 44-16-4. (a) An environmental covenant shall: (1) State that the instrument is an environmental covenant executed pursuant to this chapter; (2) Contain a legally sufficient description of the real property subject to the covenant and the name of the owner of the fee simple of the real property subject to such covenant at the time such covenant is executed; (3) Describe the activity and use limitations on the real property; (4) Identify every holder; (5) Be signed by the agency, every holder, and, unless waived by the agency, every owner of the fee simple of the real property subject to such covenant; and (6) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant. (b) In addition to the information required by subsection (a) of this Code section, an environmental covenant may contain other information, restrictions, and requirements MONDAY, MARCH 31, 2008 3033 agreed to by the persons who signed it, including any: (1) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant; (2) Requirements for periodic reporting describing compliance with the covenant; (3) Rights of access to the property granted in connection with implementation or enforcement of the covenant; (4) A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination; (5) Limitation on amendment or termination of the covenant in addition to those contained in Code Sections 44-16-9 and 44-16-10; and (6) Rights of the holder in addition to the right to enforce the covenant pursuant to Code Section 44-16-11. (c) In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant. (d) The agency shall not sign the environmental covenant without confirming that the people or entities listed in paragraphs (1) through (6) of subsection (a) of Code Section 44-16-7 have been served with a copy of the proposed final text of the environmental covenant at least 30 days prior to the agency signing such covenant. 44-16-5. (a) An environmental covenant that complies with this chapter runs with the land. (b) An environmental covenant that is otherwise effective shall be valid and enforceable even if: (1) It is not appurtenant to an interest in real property; (2) It can be or has been assigned to a person other than the original holder; (3) It is not of a character that has been recognized traditionally at common law; (4) It imposes a negative burden; (5) It imposes an affirmative obligation on a person having an interest in the real property or on the holder; (6) The benefit or burden does not touch or concern real property; (7) There is no privity of estate or contract; (8) The holder dies, ceases to exist, resigns, or is replaced; or (9) The owner of an interest subject to the environmental covenant and the holder are the same person. (c) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before the effective date of this chapter shall not be invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (b) of this Code section or because it was identified as an easement, 3034 JOURNAL OF THE SENATE servitude, deed restriction, or other interest. This chapter shall not apply in any other respect to such an instrument. (d) This chapter shall not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of this state. 44-16-6. This chapter shall not authorize a use of real property that is otherwise prohibited by zoning, by ordinance, by local law, by general law, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property which are otherwise authorized by zoning, by ordinance, by local law, or by general law. 44-16-7. (a) A copy of an environmental covenant shall be provided in the manner required by the agency and shall establish proof of service to: (1) Each person that signed the covenant; (2) Each person holding a recorded interest in the real property subject to the covenant; (3) Each person in possession of the real property subject to the covenant; (4) Each municipality, county, consolidated government, or other unit of local government in which real property subject to the covenant is located; (5) Each owner in fee simple whose property abuts the property subject to the environmental covenant; and (6) Any other person the agency requires. (b) The validity of an environmental covenant shall not be affected by failure to provide a copy of the covenant as required under this Code section. 44-16-8. (a) An environmental covenant and any amendment or termination of the covenant shall be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee. (b) Except as otherwise provided in subsection (c) of Code Section 44-16-9, an environmental covenant shall be subject to the laws of this state governing recording and priority of interests in real property. 44-16-9. (a) An environmental covenant shall be perpetual, which shall be stated in such covenant, unless it is: (1) By its terms limited to a specific duration or terminated by the occurrence of a specific event; (2) Terminated by consent pursuant to Code Section 44-16-10; (3) Terminated pursuant to subsection (b) of this Code section; MONDAY, MARCH 31, 2008 3035 (4) Terminated by foreclosure of an interest that has priority over the environmental covenant; or (5) Terminated or modified in an eminent domain proceeding, but only if: (A) The agency that signed the covenant is a party to the proceeding; (B) All persons identified in subsections (a) and (b) of Code Section 44-16-10 are given notice of the pendency of the proceeding; and (C) The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment. (b) If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in subsection (a) and (b) of Code Section 44-16-10 have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. The agencys determination or its failure to make a determination upon request of the current owner of the fee simple of the real property or by any affected member of the public shall be subject to review pursuant to Article 1 of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c) Except as otherwise provided in subsections (a) and (b) of this Code section, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine. (d) An environmental covenant may not be extinguished, limited, or impaired by application of Code Sections 44-5-60 and 44-5-168. 44-16-10. (a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (1) The agency; (2) The current owner of the fee simple of the real property subject to the covenant; (3) Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and (4) Except as otherwise provided in paragraph (2) of subsection (d) of this Code section, the holder. (b) If an interest in real property is subject to an environmental covenant, the interest shall not be affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments. (c) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder shall be an amendment. (d) Except as otherwise provided in an environmental covenant: (1) A holder may not assign its interest without consent of the other parties; and 3036 JOURNAL OF THE SENATE (2) A holder may be removed and replaced by agreement of the other parties specified in subsection (a) of this Code section. (e) A court of competent jurisdiction may fill a vacancy in the position of holder. 44-16-11. (a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (1) A party to the covenant; (2) The agency; (3) Any person to whom the covenant expressly grants power to enforce; (4) Any owner in fee simple whose property abuts the property subject to the environmental covenant, if harm occurs or is reasonably likely to occur; (5) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or (6) A municipality, county, consolidated government, or other unit of local government in which the real property subject to the covenant is located. (b) This chapter shall not limit the regulatory authority of the agency under law other than with respect to an environmental response project. (c) A person shall not be responsible for or subject to liability for environmental remediation solely because such person has the right to enforce an environmental covenant. 44-16-12. The agency may establish and maintain a registry that contains all environmental covenants and any amendment or termination of such covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the agency considers appropriate. The registry, if established, shall be a public record for purposes of Article 4 of Chapter 18 of Title 50. 44-16-13. The agency may establish rules and regulations for implementing this chapter and may provide for fees for utilizing this chapter. 44-16-14. This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but shall not modify, limit, or supersede Section 101 of such Act (15 U.S.C. Section 7001(a)) or authorize electronic delivery of any of the notices described in Section 103 of such Act (15 U.S.C. Section 7003(b))." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. MONDAY, MARCH 31, 2008 3037 On the adoption of the substitute, there were no objections, and the committee substitute was adopted. Senator Meyer von Bremen of the 12th asked unanimous consent that he be excused from voting on HB 1132 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Meyer von Bremen was excused. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Brown Y Bulloch Y Butler E Carter E Chance Y Chapman Y Cowsert Davenport Y Douglas Y Fort Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones E Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Thompson,C Y Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 44, nays 1. HB 1132, having received the requisite constitutional majority, was passed by substitute. HB 1176. By Representatives Knight of the 126th, Smith of the 70th, Roberts of the 154th, McCall of the 30th, Wilkinson of the 52nd and others: A BILL to be entitled an Act to amend Title 36 of the O.C.G.A., relating to local government, and Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to redesignate and extensively revise certain provisions relating to land conservation projects; to amend Title 12 of the O.C.G.A., 3038 JOURNAL OF THE SENATE relating to conservation and natural resources, so as to make a corresponding change in a cross-reference in certain provisions relating to the purpose and nature of the Oconee River Greenway Authority; to change certain provisions relating to powers and duties of the State Forestry Commission; to amend Article 1 of 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; to change certain provisions relating to purpose, powers, and duties of the authority; 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 E Brown Y Bulloch Y Butler E Carter Y Chance Y Chapman Y Cowsert Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Thompson,C Y Thompson,S Y Tolleson E Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 46, nays 1. HB 1176, having received the requisite constitutional majority, was passed. Senator Eric Johnson, President Pro Tempore, assumed the Chair. Senator Shafer of the 48th was excused for business outside the Senate Chamber. MONDAY, MARCH 31, 2008 3039 The Calendar was resumed. HB 1186. By Representatives Coan of the 101st, Reese of the 98th, Hamilton of the 23rd, Horne of the 71st, Cox of the 102nd and others: A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to change certain provisions relating to payment of assessments to the fund by insurers and self-insurers; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hudgens of the 47th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour E Brown Y Bulloch Y Butler E Carter Y Chance Y Chapman Y Cowsert Davenport Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay E Shafer,D Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles E Williams On the passage of the bill, the yeas were 44, nays 1. HB 1186, having received the requisite constitutional majority, was passed. Senator Williams of the 19th was excused for business outside the Senate Chamber. 3040 JOURNAL OF THE SENATE HR 1103. By Representatives Coleman of the 97th, Hembree of the 67th, Casas of the 103rd, Jones of the 46th, Maxwell of the 17th and others: A RESOLUTION creating the Joint Study Committee on Teacher Training and Certification; and for other purposes. Senate Sponsor: Senator Weber of the 40th. 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 E Carter Y Chance Y Chapman Y Cowsert Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles E Williams On the adoption of the resolution, the yeas were 46, nays 1. HR 1103, having received the requisite constitutional majority, was adopted. Senator Balfour of the 9th was excused for business outside the Senate Chamber. HR 1310. By Representatives Cole of the 125th and Knight of the 126th: A RESOLUTION authorizing the State Properties Commission to enter into appropriate boundary line dispute agreements pertaining to real property in MONDAY, MARCH 31, 2008 3041 Butts, Lamar, and Monroe Counties, Georgia, and the conveyance of state property for such purposes; 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 1310: A RESOLUTION Authorizing the State Properties Commission to enter into appropriate boundary line dispute agreements pertaining to real property in Butts, Lamar, and Monroe Counties, Georgia, and the conveyance of state property for such purposes; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of approximately 25.40 acres of certain real property located in Butts, Lamar, and Monroe Counties, Georgia, consisting of state owned tracts above the 587.35 foot contour line above mean sea level in the basin of the reservoir impounded by the High Falls Dam on the Towaliga River (hereinafter the 587.35 contour line) adjacent to tracts of property belonging to more than 150 landowners (hereinafter adjacent landowners) in the area designated High Falls State Park (hereinafter High Falls property) and more particularly described as 25.40 acres conveyed in 1961 and 1962 to the State Game and Fish Commission from Northumberland Corporation as follows: (A) 12.2 acres in Butts County: 1962 Deed (Tr. 2-3) Upper Towaliga, 6 acres; 1962 Deed (Tr. 2-4) Weavers Pasture, 4.2 acres; 1962 Deed (Tr. 2-5) Ridgeway, 2 acres; (B) 4.50 acres in Lamar County: 1962 Deed (Tr. 2-1) Buck Creek, 4.5 acres; and (C) 8.7 acres in Monroe County: 1961 Deed (Tr. 1-1) Buck Creek, 2.0 acres; 1962 Deed (Tr. 2-1) Buck Creek, 4.2 acres; 1962 Deed (Tr. 2-2) Watkins Bottom, 2.5 acres; (2) The High Falls property is more particularly identified on the map entitled "High Falls State Park Boundary Line Agreement Properties" as all those tracts of land designated in a red zone as the boundary line agreement tracts, a copy of which is recorded and maintained in the custody of the State Properties Commission; (3) The Georgia Department of Natural Resources as the successor in interest to the State Game and Fish Commission has custody and control of the High Falls property herein described; (4) Due to land-disturbing circumstances both natural and manmade, which circumstances are beyond the control of the parties, the contours and topography of the High Falls property have changed since the state acquired its interest in said property causing a dispute as to the boundary lines between the High Falls property and property belonging to the adjacent landowners; and 3042 JOURNAL OF THE SENATE (5) The Georgia Department of Natural Resources, as approved by the Board of Natural Resources, is in agreement with the boundary line proposal and recommends that the State Properties Commission seek authorization to enter into such boundary line dispute agreements with adjacent landowners, subject to certain restrictions placed upon the boundary line agreement areas as herein provided, in order that boundary lines may be positively identified and established for the benefit of the state, as well as the adjacent landowners; and WHEREAS: (1) The state owns certain property in the custody and control of the Georgia Department of Natural Resources, located in Butts, Monroe, and Lamar Counties, Georgia, below the 587.35 foot contour line (hereinafter state dam property); (2) The adjacent homeowner identified as Robert and Gail Beaver (hereinafter adjacent homeowner Beaver) owns a certain tract of land located in Land Lot 76 of the 4th Land District, in Butts County, Georgia, (hereinafter adjacent homeowner Beaver property) and shown on that certain drawing dated January 23, 2006, entitled "Exhibit Drawing for Boundary Line Agreement High Falls Lake Department of Natural Resources Beaver Tract," prepared by Metro Engineering & Surveying Company, Incorporated, more particularly James R. Green, Georgia Registered Land Surveyor No. 2543, a copy of which is recorded and maintained in the custody of the State Properties Commission (herein after the drawing); (3) The dividing line between the state dam property and the adjacent homeowner Beaver property cannot be established with certainty due to a variety of factors beyond the control of the parties, including wave action, erosion, tree removal, and other land-disturbing natural or manmade activities which have occurred since the state acquired the state dam property; (4) The Georgia Department of Natural Resources, as approved by the Board of Natural Resources, is in agreement with the boundary line proposal and recommends that the State Properties Commission seek authorization to enter into such boundary line agreement with the adjacent homeowner Beaver in order that a boundary line may be positively identified and established for the benefit of the state, as well as the adjacent homeowner Beaver; and (5) The adjacent homeowner Beaver and the state desire to enter into a boundary line agreement consistent with the drawing depicting the adjacent homeowner Beaver property in order that a boundary line may be positively identified and established for the benefit of both parties. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. That the State of Georgia is the owner of the above-described real properties located in Butts, Lamar, and Monroe Counties, Georgia, and that in all matters relating to the MONDAY, MARCH 31, 2008 3043 conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 2. That portion of the High Falls property above the 587.35 foot contour elevation, excluding property below the high-water mark as identified by a survey conducted by the Department of Natural Resources, may be conveyed by a boundary line agreement or appropriate deed instrument to the adjacent landowners, as herein provided, for a consideration of $1.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, for the purpose of agreeing to established boundary lines; provided, however, that the conveyance of the High Falls property shall also be subject by expression in the boundary line agreement or deed instrument to the following restrictions and such other restrictions as deemed necessary and appropriate by the Department of Natural Resources: (1) There shall be a 25.0' buffer area in which no vegetation may be disturbed or removed and no structures, fences, bulkheads, or impervious surfaces shall be constructed or placed, with the exceptions of items (2), (5), and (6) below; provided, further, that improvements already existing as of January 1, 2008, may continue unless such improvements are on wetland property. The continuation of such improvements shall include repairs but shall not include modifications thereto; (2) All docks must comply with applicable rules of the Georgia Department of Natural Resources, provided, further, that no walkway to the dock or bulkhead for the dock shall exceed 8.0' in width; (3) There shall be no use of fertilizers, herbicides, or pesticides within the 25.0' buffer area; (4) There shall be no planting, releasing, or broadcasting of any vegetation listed by the Georgia Exotic Plant Pest Council, or similar organization, as nonnative invasive plants in Georgia within the 25.0' buffer area; (5) If the Georgia Department of Natural Resources (department) determines that there is an exotic plant problem within the 25.0' buffer area, then the department shall be authorized to take any necessary restoration actions to remove the exotic plants and to assure the overall health of the lake and buffer area; (6) If the department determines that there is an erosion problem affecting the health of the lake and buffer area, then the department may take or allow the landowner to take any restoration actions to address the erosion problem, so long as these activities have a minimal impact on the 25.0' buffer area and follow all applicable state and local laws. Any restoration activity undertaken by the landowner shall be subject to all statutory and regulatory requirements as otherwise provided by law; and (7) The exceptions set forth in paragraph (2) of this section shall not apply to any wetlands and there shall be no filling, ditching, or placing of docks or similar structures within any wetland. All wetland property, whether within or outside the 25.0' buffer area described in paragraph (1) of this section, shall continue to be subject 3044 JOURNAL OF THE SENATE to state and federal restrictions as set forth by applicable law or regulation pertaining to wetlands and which restrictions may be enforced by the department or any other authorized agency. The restrictions shall be recorded in any boundary line agreement or deed instrument conveying a property interest pursuant to the authority granted by this resolution as covenants running with the land and shall be enforceable against current or subsequent owners or holders of the property. SECTION 3. That portion of the state dam property below the 587.35 foot contour line and above the boundary line set forth in the drawing may be conveyed by a boundary line agreement or deed instrument to the adjacent homeowner Beaver, as herein provided, for a consideration of $1.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, for the purpose of establishing a boundary line. SECTION 4. That the State Properties Commission is further authorized to accept on behalf of the state any properties conveyed by a boundary line agreement or deed instrument from adjacent landowners and the adjacent homeowner Beaver in settlement of the property line disputes and in consideration for a conveyance from this state. SECTION 5. That the authorization in this resolution to convey the above-described property to the adjacent landowners and the adjacent homeowner Beaver shall expire five years after the date that this resolution becomes effective. SECTION 6. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyances and enter into boundary line agreements or deed instruments consistent with the authority granted to the commission in Code Section 50-16-34 of the Official Code of Georgia Annotated. The State Properties Commission is authorized to use a more accurate description of the specific properties authorized herein above to be conveyed and to conduct surveys for individual conveyances, as needed. SECTION 7. All boundary line agreements and deeds instruments shall be recorded by the State Properties Commission in the Superior Court of the county where such property is located. The commission shall also record and maintain a copy of any boundary line agreement or deed instrument executed by the state and an adjacent landowner or the adjacent homeowner Beaver. MONDAY, MARCH 31, 2008 3045 SECTION 8. That custody of the above-described property shall remain in the Department of Natural Resources until the property is conveyed to an adjacent landowner or the adjacent homeowner Beaver. SECTION 9. All laws and parts of laws in conflict with this resolution are repealed. On the adoption of the substitute, there were no objections, 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 E Brown Y Bulloch Y Butler E Carter Y Chance Y Chapman Y Cowsert Davenport Y Douglas Y Fort Y Goggans Y Golden Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Hill,Jack Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Unterman Y Weber Y Wiles E Williams On the adoption of the resolution, the yeas were 43, nays 1. HR 1310, having received the requisite constitutional majority, was adopted by substitute. The following bill was taken up to consider House action thereto: 3046 JOURNAL OF THE SENATE SB 145. By Senators Smith of the 52nd, Johnson of the 1st, Williams of the 19th, Seabaugh of the 28th, Moody of the 56th and others: A BILL to be entitled an Act to amend Code Section 16-5-1 and Chapter 10 of Title 17 of the O.C.G.A., relating to murder and felony murder and sentencing and punishment, respectively, so as to provide for the imposition of life without parole of persons convicted of murder independently of a death penalty prosecution; to repeal certain provisions relating to imprisonment for life without parole and finding statutory aggravating circumstance; to provide for certain information to be reported to the court under certain circumstances; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Senator Smith of the 52nd asked unanimous consent that the Senate adhere to its amendment to SB 145 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, Cowsert of the 46th and Smith of the 52nd. The following bill was taken up to consider House action thereto: SB 430. By Senators Hamrick of the 30th, Hill of the 32nd, Mullis of the 53rd, Pearson of the 51st and Murphy of the 27th: A BILL to be entitled an Act to amend Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, so as to provide that the Georgia Bureau of Investigation may include such information in a data base and compare such information to samples collected from evidentiary materials; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Hamrick of the 30th asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 430 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Murphy of the 27th, Hamrick of the 30th and Mullis of the 53rd. The following bill was taken up to consider House action thereto: MONDAY, MARCH 31, 2008 3047 HB 1245. By Representatives Ralston of the 7th, Knox of the 24th, Levitas of the 82nd and Martin of the 47th: A BILL to be entitled an Act to amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to revise matters relative to funding, budgeting, and the organization of providing indigent defense; to change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide that the Georgia Superior Court Clerks Cooperative Authority be responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defender Standards Council; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. Senator Wiles of the 37th asked unanimous consent that the Senate insist on its substitute to HB 1245. The consent was granted, and the Senate insisted on its substitute to HB 1245. The following bill was taken up to consider House action thereto: HB 1055. By Representatives Williams of the 4th, Dickson of the 6th, Tumlin of the 38th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and licenses, so as to make revisions to certain provisions relating to professions and licenses; to provide that a designee of the division director of the professional licensing boards may sign and attest orders and processes; to amend certain requirements relating to applications for certification as a registered interior designer; to revise provision relating to inspector at auctions; to provide for service of documents and applications relating to geologists upon the division director at his or her office; to repeal certain provisions relating to license by reciprocity for massage therapists; to revise provisions relating to license by endorsement for massage therapists; to provide for certain education and training requirements satisfactory for the issuance of physical therapist licenses; to provide for licensure by endorsement for physical therapists; to provide for related matters; to repeal conflicting laws; and for other purposes. 3048 JOURNAL OF THE SENATE Senator Chance of the 16th asked unanimous consent that the Senate insist on its substitute to HB 1055. The consent was granted, and the Senate insisted on its substitute to HB 1055. 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 990. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009. Senator Grant of the 25th was excused for business outside the Senate Chamber. The Calendar was resumed. HR 1427. By Representatives Hanner of the 148th and Rynders of the 152nd: A RESOLUTION honoring the life of Robert S. "Bob" Boney and dedicating the Robert S. "Bob" Boney State Prison in his memory; and for other purposes. Senate Sponsor: Senator Carter of the 13th. 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 E Brown Y Bulloch Y Butler E Carter Y Chance Y Chapman Y Cowsert Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Schaefer Y Seabaugh E Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver Y Tate MONDAY, MARCH 31, 2008 3049 Davenport Y Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 48, nays 0. HR 1427, having received the requisite constitutional majority, was adopted. The following bill was taken up to consider House action thereto: HB 990. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009. Senator Hill of the 4th asked unanimous consent that the Senate insist on its substitute to HB 990. The consent was granted, and the Senate insisted on its substitute to HB 990. The following resolution was taken up to consider House action thereto: SR 845. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Wiles of the 37th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize county governments to propose for approval by the voters of their county a 1 percent sales and use tax to fund the construction of transportation projects; to limit the sales and use tax to a specified period; to provide for adding the proposition to the ballot; to provide for the authority of the General Assembly with respect to enacting by April 1 of the year following enactment a mechanism for expending the funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Senator Williams of the 19th asked unanimous consent that the Senate adhere to its 3050 JOURNAL OF THE SENATE disagreement to the House substitute to SR 845 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Stoner of the 6th, Balfour of the 9th and Mullis of the 53rd. The following bill was taken up to consider House action thereto: HB 1111. By Representatives Floyd of the 147th, Rice of the 51st, Talton of the 145th, Powell of the 29th and Forster of the 3rd: 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 persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements; to provide for drivers license fees; to provide for limited driving permits; to provide for the issuance of identification cards; to provide for issuance of a commercial drivers license; to provide for the contents of applications for commercial drivers licenses; to provide for the contents of commercial drivers licenses; to provide for commercial driving disqualifications; to provide for penalties for commercial driving violations; to provide for issuance of identification cards for persons with disabilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Williams of the 19th asked unanimous consent that the Senate insist on its substitute to HB 1111. The consent was granted, and the Senate insisted on its substitute to HB 1111. The Calendar was resumed. HB 358. By Representatives Talton of the 145th, O`Neal of the 146th, Manning of the 32nd, Sims of the 151st, Bryant of the 160th and others: A BILL to be entitled an Act to amend Code Section 47-16-102 of the Official Code of Georgia Annotated, relating to death benefits under the Sheriffs Retirement Fund of Georgia, beneficiaries, and the procedure for designation of beneficiary to receive such benefits, so as to increase the amount of the death benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Murphy of the 27th. MONDAY, MARCH 31, 2008 The following Fiscal Note, as required by law, was read by the Secretary: 3051 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 31, 2007 The Honorable Willie Lee Talton State Representative Coverdell Legislative Office Building, Room 601 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification House Bill 358 (LC 21 9212) Dear Representative Talton: This bill would amend provisions relating to death benefits paid under the Sheriffs' Retirement Fund of Georgia. Specifically, this bill would increase the amount of the death benefit paid to beneficiaries of members from $7,000 to $15,000. If this legislation is enacted, the benefit increase would become effective on July 1, 2008. 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: 3052 JOURNAL OF THE SENATE Y Adelman E Balfour E Brown Y Bulloch Y Butler E Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 0. HB 358, having received the requisite constitutional majority, was passed. HB 1105. By Representatives Sheldon of the 105th, Cooper of the 41st, Rynders of the 152nd, Carter of the 159th and Channell of the 116th: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to require hospitals to offer certain vaccinations to inpatients aged 65 years or older; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. The Senate Health and Human Services Committee offered the following substitute to HB 1105: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to require hospitals to MONDAY, MARCH 31, 2008 3053 offer certain vaccinations to inpatients aged 65 years or older; to provide for standing orders for vaccinations; to provide certain immunity for a hospital or health care provider acting in good faith; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by adding a new Code section to read as follows: "31-7-17. Annually between October 1 through March 1, prior to discharging any inpatient who is 65 years of age or older, a hospital shall offer the inpatient vaccinations for the influenza virus and pneumococcal disease, unless contraindicated and contingent on availability of such vaccine, in accordance with any applicable rules and regulations of the department. The vaccinations may be administered pursuant to a standing order that has been approved by the hospitals medical staff. A hospital or health care provider acting in good faith and in accordance with generally accepted health care standards applicable to such hospital or health care provider shall not be subject to administrative, civil, or criminal liability or to discipline for unprofessional conduct for complying with the requirements of this Code section." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 E Brown Y Bulloch Y Butler E Carter Y Chance Y Chapman N Cowsert Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Schaefer Y Seabaugh E Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver Y Tate 3054 JOURNAL OF THE SENATE Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Me V Bremen Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell Ramsey Y Reed Rogers Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 1. HB 1105, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Ronald Ramsey, Sr. District 43 320-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Education and Youth Insurance and Labor Special Judiciary State and Local Governmental Operations Urban Affairs The State Senate Atlanta, Georgia 30334 3/28/08 (12:00 noon) I was in the Chamber on this date and time when HB 1105 was voted on, but I was distracted in conversation by a House member. Please log my YES vote on this bill. Thank you, /s/ Ronald Ramsey, Sr. The following bill was taken up to consider House action thereto: SB 350. By Senators Wiles of the 37th, Rogers of the 21st, Seabaugh of the 28th, Murphy of the 27th, Johnson of the 1st and others: A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to change MONDAY, MARCH 31, 2008 3055 certain provisions relating to drivers license requirement, surrender of prior licenses, and prohibition of local licenses; to change certain provisions relating to driving while license suspended or revoked; to specify punishments and exceptions for driving without being licensed; to amend Code Section 42-4-14 of the Official Code of Georgia Annotated, relating to determination of nationality of person charged with felony or driving under the influence and confined in a jail facility, so as to provide for determination of nationality of person convicted of driving without being licensed; to provide an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to change certain provisions relating to drivers license requirement, surrender of prior licenses, and prohibition of local licenses; to require the Department of Driver Services to maintain records of convictions for driving without a license; to provide that courts with jurisdiction over traffic offenses shall report convictions of driving without a license to the Department of Driver Services; to change certain provisions relating to driving while license suspended or revoked; to specify punishments and exceptions for driving without being licensed; to amend Code Section 42-4-14 of the Official Code of Georgia Annotated, relating to determination of nationality of person charged with felony or driving under the influence and confined in a jail facility, so as to provide for determination of nationality of person convicted of driving without being licensed; 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 40 of the Official Code of Georgia Annotated, relating to drivers licenses, is amended by revising paragraph (3) of subsection (a) of Code Section 40-5-2, relating to keeping of records of applications for drivers licenses and information on licensees, to read as follows: "(3) Records of all accident reports and abstracts of court records of convictions of any offense listed in subsection (a) of Code Section 40-5-20, 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, 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 3056 JOURNAL OF THE SENATE 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 or individual showing the convictions of such licensee or individual and the traffic accidents in which such licensee or individual has been involved shall be readily ascertainable and available for the consideration of the department upon any application for, or 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." SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 40-5-20, relating to drivers license requirement, surrender of prior licenses, and prohibition of local licenses, as follows: "(a) No person, except those expressly exempted in this chapter, shall drive any motor vehicle upon a highway in this state unless such person has a valid drivers license under this chapter for the type or class of vehicle being driven. Any person who is a resident of this state for 30 days shall obtain a Georgia drivers license before operating a motor vehicle in this state. Any violation of this subsection, except the violation of driving with an expired license, or a violation of Code Section 40-5-29 if such person produces in court a license issued to such person and valid at the time of such persons arrest, shall be punished as provided in Code Section 40-5-121. Any court having jurisdiction over traffic offenses in this state shall report to the department the name and other identifying information of any individual convicted of driving without a license." SECTION 3. Said chapter is further amended by revising Code Section 40-5-121, relating to driving while license suspended or revoked, as follows: "40-5-121. (a) Except when a license has been revoked under Code Section 40-5-58 as a habitual violator, any person who drives a motor vehicle on any public highway of this state without being licensed as required by subsection (a) of Code Section 40-5-20 or at a time when his or her privilege to do so drive is suspended, disqualified, or revoked shall be guilty of a misdemeanor for a first conviction thereof and, upon a first conviction thereof or plea of nolo contendere 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 or a plea of nolo contendere is accepted, shall be fingerprinted and shall be punished by imprisonment for not less than two days nor more than 12 months, and there may be imposed in addition thereto a fine of not less than $500.00 nor more than $1,000.00; provided, however, that at the time of the hearing such person shall not be guilty of such offense if he or she presents the court MONDAY, MARCH 31, 2008 3057 with proof of a valid drivers license issued by this state. Such fingerprints, taken upon conviction, shall be forwarded to the Georgia Crime Information Center where an identification number shall be assigned to the individual for the purpose of tracking any future violations by the same offender. For the second or subsequent and third conviction 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, such person shall be guilty of a high and aggravated misdemeanor and shall be punished by imprisonment for not less than ten days nor more than 12 months, and there may be imposed in addition thereto a fine of not less than $1,000.00 nor more than $2,500.00. For the fourth or subsequent conviction 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, such person shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years, and there may be imposed in addition thereto a fine of not less than $2,500.00 nor more than $5,000.00. (b) 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. (c) For purposes of pleading nolo contendere, only one nolo contendere plea will be accepted to a charge of driving without being licensed or with a suspended or disqualified license within a five-year period as measured from date of arrest to date of arrest. All other nolo contendere pleas in this period will be considered convictions. For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. There shall be no limited driving permit available for a suspension or disqualification under this Code section. (d) Notwithstanding the limits set forth in Code Section 40-5-124 and in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishment for a misdemeanor or misdemeanor of a high and aggravated nature as applicable and provided for in this Code section upon a conviction of a nonfelony charge of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section." SECTION 4. Code Section 42-4-14 of the Official Code of Georgia Annotated, relating to determination of nationality of person charged with felony or driving under the influence and confined in a jail facility, is amended by revising subsection (a) as follows: 3058 JOURNAL OF THE SENATE "(a) When any person charged with a felony or with driving under the influence pursuant to Code Section 40-6-391 or convicted of driving without being licensed in violation of subsection (a) of Code Section 40-5-20 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." SECTION 5. This Act shall become effective on July 1, 2008. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senator Wiles of the 37th moved that the Senate agree to the House substitute to SB 350. On the motion, a roll call was taken and the vote was as follows: Adelman E Balfour E Brown Y Bulloch N Butler E Carter Y Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans Y Golden Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) N Jones N Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver N Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 38, nays 8; the motion prevailed, and the Senate agreed to the House substitute to SB 350. The following communication was received by the Secretary: MONDAY, MARCH 31, 2008 3059 Senator Curt Thompson District 5 323-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Economic Development Higher Education State Institutions and Property Veterans, Military and Homeland Security Special Judiciary Urban Affairs The State Senate Atlanta, Georgia 30334 3/28/08 Please record me as having voted against SB 350. My machine malfunctioned. /s/ Curt Thompson The following Senators were excused for business outside the Senate Chamber: Douglas of the 17th Staton of the 18th Weber of the 40th The following bill was taken up to consider House action thereto: HB 301. By Representatives Reese of the 98th, Knight of the 126th, Roberts of the 154th, Williams of the 165th, Jacobs of the 80th and others: 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 dogfighting and related conduct; to provide for punishments; to define a term; to provide for applicability; to provide for 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 301 as follows: Strike language on line 23, Pg 2, after "4-11-9.6" through line 28. Senator Rogers of the 21st moved that the Senate agree to the House amendment to the Senate substitute to HB 301. On the motion, a roll call was taken and the vote was as follows: 3060 JOURNAL OF THE SENATE Y Adelman E Balfour E Brown Y Bulloch Y Butler E Carter Y Chance Y Chapman Y Cowsert Y Davenport E Douglas Y Fort Y Goggans Y Golden Y Grant Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Jones Y Me V Bremen Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Shafer,D Y Smith E Staton E Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 301. The following bill was taken up to consider House action thereto: HB 990. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009. Senator Williams of the 19th asked unanimous consent that, at the proper time, the Senate adhere to its substitute to HB 990 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Johnson of the 1st, Hill of the 4th and Williams of the 19th. Serving as doctor of the day was Dr. Alva Mayes. Senator Williams of the 19th moved that the Senate stand in recess until 12:00 midnight, then adjourn until 10:00 a.m. Monday, March 31, 2008. At 12:11 p.m. Senator Eric Johnson, President Pro Tempore, announced that the motion MONDAY, MARCH 31, 2008 3061 prevailed. 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 990. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009. The Speaker has appointed on the part of the House, Representatives Keen of the 179th, Burkhalter of the 50th, and Harbin of the 118th. 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 Resolution of the Senate: SR 845. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Wiles of the 37th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize county governments to propose for approval by the voters of their county a 1 percent sales and use tax to fund the construction of transportation projects; to limit the sales and use tax to a specified period; to provide for adding the proposition to the ballot; to provide for the authority of the General Assembly with respect to enacting by April 1 of the year following enactment a mechanism for expending the funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The Speaker has appointed on the part of the House, Representatives Smith of the 129th, Sheldon of the 105th, and Smyre of the 132nd. Pursuant to an earlier adopted motion, the Senate stood adjourned at 12:00 midnight. 3062 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Monday, March 31, 2008 Thirty-seventh Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 816. By Representatives Henson of the 87th, Chambers of the 81st, Millar of the 79th, Jacobs of the 80th, Levitas of the 82nd and others: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in DeKalb County and in each municipality therein; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of such boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such districts; to provide for debt of such districts other than bonded indebtedness; to provide for cooperation with local governments; to provide for powers of such boards; 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 provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 999. By Representative Carter of the 159th: A BILL to be entitled an Act to provide for a homestead exemption from MONDAY, MARCH 31, 2008 3063 Effingham 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. HB 1001. By Representative Carter of the 159th: A BILL to be entitled an Act to provide for a homestead exemption from Effingham 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. HB 1272. By Representatives Jerguson of the 22nd and Hamilton of the 23rd: A BILL to be entitled an Act to provide for a homestead exemption from City of Woodstock 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 applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1448. By Representative Fludd of the 66th: A BILL to be entitled an Act to amend an Act to repeal and replace the charter of the Town of Tyrone in Fayette County, approved April 17, 1975 (Ga. L. 1975, p. 3876), as amended, so as to change certain provisions regarding the charter; to change the provisions relating to the specific powers of the Town of Tyrone; to provide for matters related to the governing of the Town of Tyrone; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1452. By Representative Holmes of the 61st: A BILL to be entitled an Act to amend an Act providing for urban 3064 JOURNAL OF THE SENATE enterprise zones in the City of Atlanta and known as the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 13, 1994 (Ga. L. 1994, p.5055), so as to require the board of commissioners of Fulton County to grant an equivalent exemption from ad valorem taxes for county purposes for property within certain zones when an exemption from ad valorem taxes for city purposes for such property has been granted by the city council of Atlanta; to repeal conflicting laws; and for other purposes. HB 1454. By Representatives Knox of the 24th, Hamilton of the 23rd and Amerson of the 9th: A BILL to be entitled an Act to create the Forsyth County Public Facilities Authority; to provide for the appointment of members of such 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 provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1456. By Representatives Collins of the 27th, Mills of the 25th, Rogers of the 26th and Benton of the 31st: A BILL to be entitled an Act to amend an Act creating the State Court of Hall County, approved August 14, 1891 (Ga. L. 1890-91, Vol. II, p. 939), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4461), so as to provide for an additional judge for said court after June 30, 2008; to provide for the initial appointment and subsequent election of such additional judge; to provide for terms of office; to provide for the qualifications and compensation of such additional judge; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1457. By Representative Hanner of the 148th: A BILL to be entitled an Act to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, approved March 21, 1969 (Ga. L. 1969, p. 2264), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3592), so MONDAY, MARCH 31, 2008 3065 as to provide for the compensation and expenses of the members of the Board of Education of Stewart County; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1459. By Representatives Heckstall of the 62nd, Holmes of the 61st and Fludd of the 66th: A BILL to be entitled an Act to change the qualifications of membership to and the manner in which members shall be selected for the College Park Business and Industrial Development Authority, created by that certain 1980 constitutional amendment of the Constitution of 1976, Resolution Act No. 168 (Ga. L. 1980, p. 2071), duly ratified at the 1980 general election and specifically continued in force and effect by an ordinance enacted August 20, 1984 (Ga. L. 1985, p. 5311) and an Act approved February 27, 1987 (Ga. L. 1987, p. 3713); to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1464. By Representatives McCall of the 30th and Powell of the 29th: A BILL to be entitled an Act to amend 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, so as to provide for staggered terms of office for the chairperson and commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1465. By Representative Fleming of the 117th: A BILL to be entitled an Act to provide a new charter for the City of Harlem; 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 administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes. 3066 JOURNAL OF THE SENATE The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 11. By Senators Shafer of the 48th, Douglas of the 17th, Harp of the 29th, Wiles of the 37th, Reed of the 35th 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 judges of superior and state courts who are performing ordered military duty may continue in office and be eligible for reelection during such duty; to provide for qualifying for election by mail, messenger, or agent during such duty; to provide that performing ordered military duty shall be a basis for requesting assistance from other courts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 384. By Senators Balfour of the 9th, Reed of the 35th and Shafer of the 48th: A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to limousine carriers, so as to change certain provisions relating to the permitting of limousine carriers by certain airports; to limit fees for such permitting; to provide that a chauffeurs permit and a certificate issued to the limousine carrier shall be adequate evidence of sufficient criminal background investigations; to delete a provision allowing cities and counties to enact ordinances requiring certain limousine carriers to pay business license fees; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 397. By Senators Bulloch of the 11th, Staton of the 18th and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Code Section 8-3-35 of the Official Code of Georgia Annotated, relating to powers of housing authorities and issuance of bonds, so as to change certain provisions regarding bond issuance and validation; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 483. By Senators Harp of the 29th and Carter of the 13th: A BILL to be entitled an Act to amend Code Section 19-6-15 of the Official Code of Georgia Annotated, relating to child support in final verdict or decree, guidelines for determining amount of child support award, and the duration of support, so as to revise certain definitions; to change certain provisions relating to the process of calculating child support; to provide SB 523. SB 554. MONDAY, MARCH 31, 2008 3067 for orders in cases involving family violence; to change certain provisions relating to gross income and clarify military compensation and allowances as gross income; to correct cross-references and clarify certain provisions of the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes. By Senators Moody of the 56th and Hill of the 4th: A BILL to be entitled an Act to amend an Act approved April 9, 2001 (Ga. L. 2001, p. 148), so as to extend the date for automatic repeal of certain provisions of Code Section 20-2-260, relating to advance funding and exceptional growth funding for capital outlay, for one year to June 30, 2010; to extend the date for automatic repeal of Code Section 20-2-262, relating to low-wealth capital outlay grants, for one year to June 30, 2010; to provide for related matters; to repeal conflicting laws; and for other purposes. By Senator Smith of the 52nd: A BILL to be entitled an Act to amend an Act creating a board of elections and registration for Floyd County, approved March 28, 1986 (Ga. L. 1986, p. 5289), so as to implement a system of staggered terms of office for the members of the board; to provide for the expiration of terms of certain members; to increase the time for appointing members to the board; 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 88. By Senators Unterman of the 45th, Seay of the 34th, Williams of the 19th, Schaefer of the 50th and Johnson of the 1st: 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 program to provide a subsidy to certain grandparents raising grandchildren under certain circumstances; to provide for an assessment and evaluation of certain aspects of the program; to provide for other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. 3068 JOURNAL OF THE SENATE SB 344. By Senators Moody of the 56th, Hooks of the 14th, Seabaugh of the 28th, Golden of the 8th, Chance of the 16th and others: A BILL to be entitled an Act to amend Titles 2, 10, 12, 20, 45, 46, and 50 of the Official Code of Georgia Annotated, relating to agriculture, commerce and trade, conservation and natural resources, education, public officers and employees, public utilities and public transportation, and state government, respectively, so as to repeal and abolish certain boards and commissions that have become inactive, obsolete, antiquated, or unnecessary; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 387. By Senators Staton of the 18th, Chance of the 16th, Wiles of the 37th, Harp of the 29th, Moody of the 56th and others: A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee ballots, so as to allow electors to request and cast absentee ballots without stating a reason for doing so; to allow the electronic submission of absentee ballot requests by certain electors; to require registrars and absentee ballot clerks to determine the eligibility of electors to vote by absentee ballot; to provide for the safekeeping of absentee ballots; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 421. By Senators Pearson of the 51st, Rogers of the 21st, Wiles of the 37th, Hawkins of the 49th, Williams of the 19th and others: A BILL to be entitled an Act to amend Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to the crime of knowingly manufacturing, selling, or distributing false identification documents, so as to change the penalties for such offense based upon the age of the person convicted and the nature of the crime; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute to the following Bills of the House: HB 77. By Representatives Loudermilk of the 14th, Scott of the 2nd, Franklin of the 43rd, Lunsford of the 110th, Mumford of the 95th and others: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to repeal provisions relating to traffic-control signal monitoring devices; to correct cross- MONDAY, MARCH 31, 2008 3069 references; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1026. By Representatives Smith of the 129th, Rogers of the 26th, Loudermilk of the 14th, Floyd of the 147th, Graves of the 12th and others: A BILL to be entitled an Act to amend Code Section 32-6-171 of the Official Code of Georgia Annotated, relating to the authority of the Department of Transportation to order removal, relocation, or adjustment of utility facilities, so as to provide that a utility may be exempt from certain requirements of notice and hearing when the department requires the removal, relocation, or adjustment of the facilities as a result of public road improvements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1222. By Representatives Channell of the 116th, Parrish of the 156th, Stephens of the 164th, Sheldon of the 105th, Gardner of the 57th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the " 'Health Share' Volunteers in Medicine Act," so as to add definitions; to revise certain provisions relating to requirements for entering into contracts with health care providers; to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses generally, so as to revise certain provisions relating to the "Georgia Volunteers in Health Care Specialties Act"; to require that health care licensing boards issue special licenses if certain conditions are met; to require that a health care practitioner that is under sanctions or restrictions shall not receive a special license; 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: SR 1254. By Senator Hamrick of the 30th: A RESOLUTION creating the Senate Victim's Rights Study Committee; and for other purposes. Referred to the Rules Committee. 3070 JOURNAL OF THE SENATE SR 1280. By Senators Hill of the 32nd and Rogers of the 21st: A RESOLUTION creating the Senate University System of Georgia Admission Practices and Policies Study Committee; and for other purposes. Referred to the Rules Committee. SR 1281. By Senators Heath of the 31st, Williams of the 19th, Johnson of the 1st, Douglas of the 17th, Butler of the 55th and others: A RESOLUTION creating the Senate Roadside Enhancement and Beautification 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 816. By Representatives Henson of the 87th, Chambers of the 81st, Millar of the 79th, Jacobs of the 80th, Levitas of the 82nd and others: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in DeKalb County and in each municipality therein; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of such boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such districts; to provide for debt of such districts other than bonded indebtedness; to provide for cooperation with local governments; to provide for powers of such boards; 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 provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 999. By Representative Carter of the 159th: A BILL to be entitled an Act to provide for a homestead exemption from Effingham 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 MONDAY, MARCH 31, 2008 3071 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 1001. By Representative Carter of the 159th: A BILL to be entitled an Act to provide for a homestead exemption from Effingham County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1272. By Representatives Jerguson of the 22nd and Hamilton of the 23rd: A BILL to be entitled an Act to provide for a homestead exemption from City of Woodstock 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 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 1448. By Representative Fludd of the 66th: A BILL to be entitled an Act to amend an Act to repeal and replace the charter of the Town of Tyrone in Fayette County, approved April 17, 1975 (Ga. L. 1975, p. 3876), as amended, so as to change certain provisions regarding the charter; to change the provisions relating to the specific powers of the Town of Tyrone; to provide for matters related to the governing of the Town of Tyrone; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 3072 JOURNAL OF THE SENATE HB 1452. By Representative Holmes of the 61st: A BILL to be entitled an Act to amend an Act providing for urban enterprise zones in the City of Atlanta and known as the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 13, 1994 (Ga. L. 1994, p.5055), so as to require the board of commissioners of Fulton County to grant an equivalent exemption from ad valorem taxes for county purposes for property within certain zones when an exemption from ad valorem taxes for city purposes for such property has been granted by the city council of Atlanta; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1454. By Representatives Knox of the 24th, Hamilton of the 23rd and Amerson of the 9th: A BILL to be entitled an Act to create the Forsyth County Public Facilities Authority; to provide for the appointment of members of such 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 provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1456. By Representatives Collins of the 27th, Mills of the 25th, Rogers of the 26th and Benton of the 31st: A BILL to be entitled an Act to amend an Act creating the State Court of Hall County, approved August 14, 1891 (Ga. L. 1890-91, Vol. II, p. 939), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4461), so as to provide for an additional judge for said court after June 30, 2008; to provide for the initial appointment and subsequent election of such additional judge; to provide for terms of office; to provide for the qualifications and compensation of such additional judge; to provide an effective date; to repeal MONDAY, MARCH 31, 2008 3073 conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1457. By Representative Hanner of the 148th: A BILL to be entitled an Act to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, approved March 21, 1969 (Ga. L. 1969, p. 2264), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3592), so as to provide for the compensation and expenses of the members of the Board of Education of Stewart County; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1459. By Representatives Heckstall of the 62nd, Holmes of the 61st and Fludd of the 66th: A BILL to be entitled an Act to change the qualifications of membership to and the manner in which members shall be selected for the College Park Business and Industrial Development Authority, created by that certain 1980 constitutional amendment of the Constitution of 1976, Resolution Act No. 168 (Ga. L. 1980, p. 2071), duly ratified at the 1980 general election and specifically continued in force and effect by an ordinance enacted August 20, 1984 (Ga. L. 1985, p. 5311) and an Act approved February 27, 1987 (Ga. L. 1987, p. 3713); 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 1463. By Representatives Howard of the 121st, Murphy of the 120th and Frazier of the 123rd: A BILL to be entitled an Act to amend an Act creating the Augusta-Richmond County Coliseum Authority, approved April 17, 1973 (Ga. L. 1973, p. 3042), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3300), and an Act approved March 16, 1993 (Ga. L. 1993, p. 4087), so as to change the name of the authority; to change the membership of the authority; to provide for the terms and appointment of members of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 3074 JOURNAL OF THE SENATE HB 1464. By Representatives McCall of the 30th and Powell of the 29th: A BILL to be entitled an Act to amend 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, so as to provide for staggered terms of office for the chairperson and commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1465. By Representative Fleming of the 117th: A BILL to be entitled an Act to provide a new charter for the City of Harlem; 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 administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following committee 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 189 HB 670 HB 1078 HB 1129 HB 1151 HB 1178 Do Pass Do Pass by substitute Do Pass Do Pass by substitute Do Pass by substitute Do Pass HB 1193 HB 1196 HB 1246 HB 1249 HB 1274 Do Pass Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass by substitute MONDAY, MARCH 31, 2008 3075 Respectfully submitted, Senator Rogers of the 21st District, Chairman Mr. President: The Public Safety Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1368 Do Pass Respectfully submitted, Senator Murphy of the 27th 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 544 HB 864 HB 977 HB 1221 Pursuant to Senate Rule 2-1.10(b), referred by the Senate Rules Committee to the Senate Government Oversight 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 998 HB 1375 HB 1417 HB 1418 HB 1419 HB 1420 HB 1421 HB 1422 Do Pass by substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 1440 HB 1441 HB 1444 HB 1446 HB 1450 HB 1451 SB 559 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass 3076 JOURNAL OF THE SENATE Respectfully submitted, Senator Wiles of the 37th District, Chairman The following legislation was read the second time: HB 189 HB 670 HB 1078 HB 1129 HB 1151 HB 1178 HB 1193 HB 1196 HB 1246 HB 1249 HB 1368 The following Senators were excused for business outside the Senate Chamber: Chapman of the 3rd Thompson of the 33rd Meyer von Bremen of the 12th Tolleson of the 20th Thomas of the 54th 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 Murphy of the 27th asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Brown Bulloch Butler Carter Chance Cowsert Davenport Douglas Goggans Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jackson Johnson Jones Moody Mullis Murphy Orrock Pearson Powell Ramsey Reed Rogers Schaefer Seabaugh Seay Shafer,D Smith Staton Stoner Tarver Tate Thomas,R Thompson,C Unterman Weber Wiles Not answering were Senators: Chapman (Excused) Fort (Excused) Meyer von Bremen (Excused) Thomas, D. (Excused) Tolleson (Excused) Williams (Excused) Golden Thompson, S. (Excused) MONDAY, MARCH 31, 2008 3077 The members pledged allegiance to the flag. Senator Douglas of the 17th introduced the chaplain of the day, Reverend Paul Leslie, Sr. of McDonough, Georgia, who offered scripture reading and prayer. Senator Unterman of the 45th honored Wilma Floey Robertson-Tillman, commended by SR 1245, adopted previously. Dr. Tillman addressed the Senate briefly. Senator Tarver of the 22nd recognized the importance of promoting international education and urging Georgia's colleges and universities to place a high priority on international education, commended by SR 1141, adopted previously. Jennifer Lund addressed the Senate briefly. Senator Adelman of the 42nd recognized Nicolas House, a leading not-for-profit organization dedicated to helping homeless families achieve self-sufficiency, commended by SR 1279, adopted previously. Senators Douglas of the 17th and Ramsey of the 43rd recognized the Rockdale County Sheriff's Department, commended by SR 1252, adopted previously. Sheriff Jeff Wiginton addressed the Senate briefly. Senator Pearson of the 51st recognized the 10th anniversary of the Len Foote Hike Inn, commended by SR 1223, adopted previously. Stan Krajeski, manager of the Len Foote Hike Inn, addressed the Senate briefly. Senator Unterman of the 45th recognized the American Association of Retired Persons (AARP) on its 50th Anniversary, commended by SR 1243, adopted previously. The following resolutions were read and adopted: SR 1253. By Senators Chapman of the 3rd, Williams of the 19th, Johnson of the 1st and Seabaugh of the 28th: A RESOLUTION commending Mr. Lauren N. Nobles; and for other purposes. SR 1255. By Senators Hooks of the 14th and Thompson of the 33rd: A RESOLUTION honoring the life of Kiliaen V. R. Townsend; and for other purposes. SR 1256. By Senator Harbison of the 15th: A RESOLUTION commending Anson Hundley, Assistant Coach of the 3078 JOURNAL OF THE SENATE Kendrick High School Lady Cherokees varsity basketball team; and for other purposes. SR 1257. By Senator Harbison of the 15th: A RESOLUTION commending Rodriguez Robinson, Assistant Coach of the Kendrick High School Lady Cherokees varsity basketball team; and for other purposes. SR 1258. By Senator Harbison of the 15th: A RESOLUTION commending Reverend Jesse Gary and First Lady Mrs. Olivia Gary; and for other purposes. SR 1259. By Senator Harbison of the 15th: A RESOLUTION commending Shavondolyn Smith; and for other purposes. SR 1260. By Senator Harbison of the 15th: A RESOLUTION commending Lacee Hollis; and for other purposes. SR 1261. By Senator Harbison of the 15th: A RESOLUTION commending Porsche Prowell; and for other purposes. SR 1262. By Senator Harbison of the 15th: A RESOLUTION commending Erica Stanley; and for other purposes. SR 1263. By Senator Harbison of the 15th: A RESOLUTION commending Janai Merritt; and for other purposes. SR 1264. By Senator Harbison of the 15th: A RESOLUTION commending Jazmin Thomas; and for other purposes. SR 1265. By Senator Harbison of the 15th: A RESOLUTION commending Keondra Barnes; and for other purposes. MONDAY, MARCH 31, 2008 3079 SR 1266. By Senator Harbison of the 15th: A RESOLUTION commending Quineka Moffett; and for other purposes. SR 1267. By Senator Harbison of the 15th: A RESOLUTION commending Mukia Myrick; and for other purposes. SR 1268. By Senator Harbison of the 15th: A RESOLUTION commending Ashlee Barleyr; and for other purposes. SR 1269. By Senator Harbison of the 15th: A RESOLUTION commending Simone High; and for other purposes. SR 1270. By Senator Harbison of the 15th: A RESOLUTION commending Treianca Colbert; and for other purposes. SR 1271. By Senator Harbison of the 15th: A RESOLUTION commending Tangina Conner; and for other purposes. SR 1272. By Senator Harbison of the 15th: A RESOLUTION commending Deshanti Lewis; and for other purposes. SR 1273. By Senator Harbison of the 15th: A RESOLUTION commending Janae McKinney; and for other purposes. SR 1274. By Senator Harbison of the 15th: A RESOLUTION commending C. P. Redding; and for other purposes. SR 1275. By Senator Harbison of the 15th: A RESOLUTION commending Sterling Hicks, Head Coach of the Kendrick High School Lady Cherokees varsity basketball team; and for other purposes. 3080 JOURNAL OF THE SENATE SR 1276. By Senator Harbison of the 15th: A RESOLUTION commending Jakiera Matthews; and for other purposes. SR 1277. By Senator Harbison of the 15th: A RESOLUTION commending Bonita Harris; and for other purposes. SR 1278. By Senator Harbison of the 15th: A RESOLUTION commending Kymberli Stamps; and for other purposes. SR 1279. By Senators Adelman of the 42nd and Jones of the 10th: A RESOLUTION recognizing and commending Nicholas House; and for other purposes. SR 1282. By Senator Harbison of the 15th: A RESOLUTION commending Chelsea Taylor; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Brown of the 26th Johnson of the 1st 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 31, 2008 Thirty-seventh Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 559 Meyer von Bremen of the 12th QUITMAN COUNTY A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Quitman County, approved March 16, 1994 (Ga. L. 1994, p. 3689), as amended, so as to change certain provisions regarding the compensation of the chairperson and members of the board and provide for a monthly salary in lieu of per diem; to provide an effective date; to repeal conflicting laws; and for HB 1375 HB 1417 HB 1418 MONDAY, MARCH 31, 2008 3081 other purposes. Schaefer of the 50th CITY OF LAVONIA A BILL to be entitled an Act to amend an Act providing a new charter for the City of Lavonia, approved May 13, 2002 (Ga. L. 2002, p. 5809), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3908), and by an Act approved May 17, 2004 (Ga. L. 2004, p. 4294), so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. Chapman of the 3rd BRANTLEY COUNTY A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Brantley County, approved April 17, 1975 (Ga. L. 1975, p. 3937), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4645), so as to change the provisions relating to the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Schaefer of the 50th Pearson of the 51st WHITE COUNTY A BILL to be entitled an Act to reconstitute the Board of Commissioners of White County; to provide for continuation of certain obligations and liabilities; to provide for a chairperson and four additional members; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for staggered terms; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for a vice chairperson; to provide for regular meetings; to provide for a county manager; to provide for other related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for the specific repeal of a local Act; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. 3082 HB 1419 HB 1420 HB 1421 HB 1440 JOURNAL OF THE SENATE Schaefer of the 50th Pearson of the 51st WHITE COUNTY A BILL to be entitled an Act to provide for the compensation of the chairperson and members of the Board of Commissioners of White County; to provide for a referendum; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Schaefer of the 50th Pearson of the 51st WHITE COUNTY A BILL to be entitled an Act to repeal an Act approved March 27, 1985 (Ga. L. 1985, p. 4563), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1963 general election (Res. Act No. 23; H.R. 85-157; Ga. L. 1963, p. 670) providing for the election of the members of the Board of Education of White County; to provide the authority for this Act; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. Schaefer of the 50th Pearson of the 51st WHITE COUNTY A BILL to be entitled an Act to provide for the method of election of the members of the Board of Education of White County; to provide education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for the filling of vacancies; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for conditional effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Tolleson of the 20th COCHRAN MUNICIPAL AIRPORT AUTHORITY A BILL to be entitled an Act to create the Cochran Municipal HB 1441 HB 1444 MONDAY, MARCH 31, 2008 3083 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 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 payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for liberal construction; to provide for an effective date; to repeal conflicting laws; and for other purposes. Goggans of the 7th BACON COUNTY A BILL to be entitled an Act to amend an Act providing for the election of the board of education of Bacon County, approved February 20, 1976 (Ga. L. 1976, p. 2713), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4823), and by an Act approved May 16, 2007 (Ga. L. 2007, p. 3707), so as to provide for the selection of the chairman to the board; to provide for a referendum; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Tolleson of the 20th CITY OF EASTMAN; DODGE COUNTY A BILL to be entitled an Act to amend an Act creating the Heart of Georgia Regional Airport Authority, approved April 18, 1995 (Ga. L. 1995, p. 4448), so as to provide that such authoritys ability to use revenue bonds shall also include other obligations; to provide definitions; to provide for the reference to obligations throughout the Act; to provide for related matters; to repeal conflicting laws; and for other purposes. 3084 JOURNAL OF THE SENATE HB 1450 Schaefer of the 50th FRANKLIN COUNTY A BILL to be entitled an Act to create a board of elections and registration for Franklin 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; to provide for offices and equipment; to provide for personnel, including a supervisor, and compensation; to provide for the boards performance of certain functions and duties for certain municipalities; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1451 Chapman of the 3rd BRANTLEY COUNTY A BILL to be entitled an Act to create the Brantley 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 condition for issuance; 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 998 Hill of the 4th CITY OF RINCON A BILL to be entitled an Act to provide for a homestead exemption HB 1422 MONDAY, MARCH 31, 2008 3085 from City of Rincon 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. (SUBSTITUTE) Schaefer of the 50th Pearson of the 51st WHITE COUNTY A BILL to be entitled an Act to amend an Act providing a homestead exemption from White County ad valorem taxes other than county school district taxes for educational purposes for persons 65 years and older whose income does not exceed $15,000.00, approved March 24, 1988 (Ga. L. 1988, p. 4472), so as to change the definition of the term "income"; to provide for a referendum; to provide for effective dates, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1446 Pearson of the 51st DAWSON COUNTY A BILL to be entitled an Act to provide a homestead exemption from Dawson County school district ad valorem taxes for educational purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that school district who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00; 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. The substitute to the following bill was put upon its adoption: *HB 998: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 998: 3086 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To provide a short title; to provide for a homestead exemption from City of Rincon 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "City of Rincon Carter-Burns Act." SECTION 2. (a) As used in this Act, the term: (1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Rincon, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means: (A) For those persons who are receiving a homestead exemption on January 1, 2009, the 2008 taxable year; or (B) For those persons applying for a homestead exemption on and after January 1, 2009, the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead; provided, however, that in the event a reassessment of the homestead causes the actual assessed value of that homestead to be increased, the governing authority of the City of Rincon, or the designee thereof, shall adjust the base year assessed value by the lesser of three percent; the percentage change in the Consumer Price Index as reported by the United States Department of Labor Bureau of Labor Statistics; or the actual percentage increase in the actual assessed value. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (b)(1) Each resident of the City of Rincon is granted an exemption on that persons homestead from City of Rincon ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the adjusted base year assessed value of that homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any MONDAY, MARCH 31, 2008 3087 real property is removed from the homestead, the base year assessed value shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (2) In all other cases, the unremarried surviving spouse of the deceased spouse who has been granted the exemption provided for in paragraph (1) of this subsection shall continue to receive the exemption provided under paragraph (1) of this subsection, so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead. (c) Those persons receiving homestead exemptions on January 1, 2009, shall automatically receive the homestead exemption granted by subsection (b) of this section. For a person who is not receiving a homestead exemption on January 1, 2009, such 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 Rincon, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Rincon, 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 Rincon, 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 Rincon, 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, 2009. SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Rincon 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 Rincon for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2008, state-wide general election, and shall issue the call and conduct that election as provided by general law. The municipal 3088 JOURNAL OF THE SENATE 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 Effingham County. The ballot shall have written or printed thereon the words: "( ) YES ( ) NO Shall the Act entitled the "City of Rincon Carter-Burns Act" be approved which provides a homestead exemption from City of Rincon 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?" 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 2 of this Act 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, Section 2 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 Rincon. It shall be the municipal election superintendents duty to certify the result thereof to the Secretary of State. SECTION 4. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. 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 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: Adelman Y Balfour E Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Stoner Y Tarver MONDAY, MARCH 31, 2008 3089 Y Cowsert Davenport Y Douglas Y Fort Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Jones E Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Tate E Thomas,D Y Thomas,R Thompson,C E Thompson,S E Tolleson Y Unterman Y Weber Y Wiles E Williams On the passage of the local bills, the yeas were 42, nays 0. The bills on the Local Consent Calendar, except HB 998, having received the requisite constitutional majority, were passed. HB 998, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Gail Davenport District 44 323-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Higher Education Interstate Cooperation Public Safety Retirement Urban Affairs The State Senate Atlanta, Georgia 30334 March 31, 2008 Secretary of the Senate Please record a "Yes" vote for the Senate Local Consent Calendar. Thank you, /s/ Gail Davenport Senate District 44 Senator Rogers of the 21st asked unanimous consent that HB 1159 on the Senate Rules Calendar for today be engrossed. 3090 JOURNAL OF THE SENATE There was no objection. Senator Rogers of the 21st asked unanimous consent that HB 851 on the Senate Rules Calendar for today be engrossed. There was no objection. Senator Rogers of the 21st asked unanimous consent that HB 1046 on the Senate Rules Calendar for today be engrossed. There was no objection. Senator Rogers of the 21st asked unanimous consent that HB 1273 on the Senate Rules Calendar for today be engrossed. There was no objection. Senator Chance of the 16th was excused for business outside the Senate Chamber. Senator Rogers of the 21st asked unanimous consent that HB 1211 on the Senate Rules Calendar for today be engrossed. Senator Tate of the 38th objected. On the motion, a roll call was taken, and the vote was as follows: Adelman Y Balfour E Brown Y Bulloch N Butler Y Carter E Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson N Jones E Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson N Powell Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton Stoner N Tarver N Tate E Thomas,D N Thomas,R Thompson,C E Thompson,S E Tolleson Y Unterman Y Weber MONDAY, MARCH 31, 2008 3091 N Harbison Y Harp Y Hawkins N Ramsey N Reed Y Rogers Y Wiles E Williams On the motion, the yeas were 31, nays 14, the motion prevailed, and HB 1211 was engrossed. Senator Rogers of the 21st asked unanimous consent that HB 1100 on the Senate Rules Calendar for today be engrossed. Senator Tate of the 38th objected. On the motion, a roll call was taken, and the vote was as follows: Adelman Y Balfour E Brown Y Bulloch N Butler Y Carter E Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson N Jones E Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton Stoner N Tarver N Tate E Thomas,D N Thomas,R Thompson,C E Thompson,S E Tolleson Y Unterman Y Weber Y Wiles E Williams On the motion, the yeas were 30, nays 14, the motion prevailed, and HB 1100 was engrossed. Senator Rogers of the 21st asked unanimous consent that HB 1081 on the Senate Rules Calendar for today be engrossed. There was no objection. Senator Rogers of the 21st asked unanimous consent that HR 1276 on the Senate Rules 3092 JOURNAL OF THE SENATE Calendar for today be engrossed. There was no objection. The following Senators were excused for business outside the Senate Chamber: Adelman of the 42nd Hawkins of the 49th Douglas of the 17th Johnson of the 1st Grant of the 25th Stoner of the 6th HB 515 HB 958 HB 960 HB 130 HB 1159 HB 152 HB 969 HB 239 HB 393 HB 1061 SENATE RULES CALENDAR MONDAY, MARCH 31, 2008 THIRTY-SEVENTH LEGISLATIVE DAY Lottery for Education Act; define certain terms; provisions (H ED-46th) Freeman-140th Magistrate court; certain judgments; clarify appeal procedure (S JUDY-46th) Rice-51st Ecstasy; certain trafficking; bailable only before superior court judge; require (JUDY-9th) Walker-107th Identity theft; security freezes; definitions; provisions (Substitute) (B&FI-30th) Hill-21st Income tax credit; adoption of a qualified foster child; provide (FIN-28th) Lunsford-110th HOPE scholarships; home study course; provisions (H ED-29th) Lunsford-110th Driver education training requirements; home schooling program; provisions (Substitute)(PUB SAF-27th) Lunsford-110th Board of Natural Resources; rules; game and fish criminal violations; change certain provisions (Substitute)(NR&E-11th) Lane-158th Farm wineries; licensing; change certain provisions (RI&Util-45th) Stephens-164th Wine; shipped to one customer; limit number of cases (RI&Util-45th) Stephens-164th MONDAY, MARCH 31, 2008 3093 HB 851 HB 1046 HB 1054 HB 1158 HB 1209 HB 1273 HB 1211 HB 1189 HB 1100 HB 68 HB 422 HB 426 HB 535 HB 993 Income tax credit; historic structures rehabilitation; change calculation method (Substitute)(FIN-21st) Peake-137th Watercraft; held in inventory for resale; exempt from taxation; provide (FIN-21st) Mills-25th Children and Family Service Strengthening Act of 2008; enact (Substitute) (JUDY-54th) Cooper-41st Georgia Trauma Care Network Commission; certain reports; certain funds; provisions (Substitute)(FIN-1st) Stephens-164th State Board of Education; local school systems; contracts; provisions (Substitute)(ED&Y-1st) Coleman-97th Income tax credit; businesses; jobs in less developed areas; change provisions (Substitute)(FIN-24th) Fleming-117th Georgia Bona Fide Large Forest Conservation Use Act of 2008; enact (Substitute)(FIN-11th) Royal-171st Transportation, Department of; commissioner file report on State-wide Strategic Transportation Plan; require (Substitute)(TRANS-53rd) Sheldon-105th Income tax credit; qualified film, video, or digital productions; revise and change (FIN-7th) Stephens-164th Coastal Marshlands Protection Act; exempt certain single private docks; provide (Substitute)(NR&E-19th) Barnard-166th Specialized land transactions; minimum amount for liens; provide (Substitute) (S JUDY-27th) Willard-49th Railroad grade crossings; active warning devices; define; provisions (Substitute)(TRANS-6th) Jones-44th Mental health; patient advocacy board; create (Substitute)(H&HS-25th) Butler-18th Absentee voting; casting ballot in person; provisions (SLGO(G)-37th) Hembree-67th 3094 JOURNAL OF THE SENATE HB 1000 HB 1113 HB 1081 HB 1104 HB 1283 HB 1328 HB 1335 HR 1276 HB 975 HB 791 HB 790 HB 1018 HB 1217 Watercraft Certificate of Title Act; enact (Substitute)(S JUDY-25th) Heard-104th State purchasing; definitions; provisions (Substitute)(GvtO-28th) Heard-104th Ad valorem tax; property; change certain definitions (Substitute)(FIN-21st) O`Neal-146th Charitable solicitations; definitions; revise certain provisions (S JUDY-32nd) Dempsey-13th Railroad corporations; presumptions; provisions (Substitute)(JUDY-51st) Ralston-7th State employees' health insurance plan; consumer choice options; revise a provision (I&L-21st) Peake-137th Quality Basic Education Formula; funding purposes; change program weights (ED&Y-40th) Coleman-97th Bona fide large forest land conservation use property; special assessment and taxation; provide - CA (Substitute)(FIN-11th) Royal-171st County or municipal corporations; authorizing documents; provisions (SLGO(G)-56th) Burkhalter-50th School Bus Drivers Appreciation Day; declare (SLGO(G)-37th) Amerson-9th School Bus Safety Week; declare (SLGO(G)-37th) Amerson-9th Superior court fees; recording an instrument; cross-indexing; provide additional filing fees (S JUDY-46th) Lane-167th State Licensing Board of Home Inspectors; create (Substitute) (RI&Util37th) Jerguson-22nd Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee MONDAY, MARCH 31, 2008 3095 The following legislation was read the third time and put upon its passage: HB 515. By Representatives Freeman of the 140th, Hill of the 180th, Knight of the 126th, Mitchell of the 88th, Jerguson of the 22nd 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 "Lottery for Education Act," so as to define certain terms; to provide that under certain conditions lottery winnings may be assigned; to provide for a court order; to provide for findings of fact; to provide for notice and acknowledgment; to provide for liens and bankruptcy; to provide for an exemption from liability; to provide for a fee; to provide for certain restrictions and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Cowsert 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 Balfour E Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport E Douglas N Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp E Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Y Jones E Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Shafer,D Y Smith Y Staton E Stoner Y Tarver N Tate E Thomas,D Y Thomas,R Y Thompson,C E Thompson,S E Tolleson Y Unterman Y Weber Y Wiles E Williams On the passage of the bill, the yeas were 40, nays 2. 3096 JOURNAL OF THE SENATE HB 515, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Chance of the 16th Rogers of the 21st Harbison of the 15th Staton of the 18th Mullis of the 53rd HB 958. By Representatives Rice of the 51st, Lindsey of the 54th, Mumford of the 95th, Coleman of the 97th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to clarify the appeal procedure for certain judgments; to provide for additional information in statements of claim; to revise the procedures for applying to vacate a judgment; to revise the requirements for use of postjudgment interrogatories; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Cowsert of the 46th. Senator Cowsert of the 46th offered the following amendment #1: Amend HB 958 by striking line 13 of page 1 and inserting in lieu thereof the following: after a nonappearance of a party for trial; provided, however, that with regard to a default judgement or dismissal for want of prosecution after a nonappearance of a party for trial, in the courts discretion, if a party can show oversight, inadvertence, excusable neglect, that a party voluntarily waived his or her appearance at trial and was represented by counsel at trial, or when justice requires, an appeal may be taken. Review, including review of a denial of a On the adoption of the amendment, the President asked for unanimous consent. Senator Wiles of the 37th objected. On the adoption of the amendment, the yeas were 29, nays 6, and the Cowsert amendment #1 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: MONDAY, MARCH 31, 2008 3097 Y Adelman Balfour E Brown Y Bulloch Y Butler Y Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick E Harbison Y Harp E Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones E Me V Bremen Y Moody E Mullis Y Murphy Y Orrock Pearson Y Powell Y Ramsey Y Reed E Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith E Staton Y Stoner Y Tarver Y Tate E Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles E Williams On the passage of the bill, the yeas were 42, nays 0. HB 958, having received the requisite constitutional majority, was passed as amended. HB 960. By Representatives Walker of the 107th, Reese of the 98th, Marin of the 96th, Heard of the 104th, Sheldon of the 105th 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, procedure, schedule of bails, and appeal bonds, so as to require certain trafficking in ecstasy to be bailable only before a superior court judge; to provide for other related matters; 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 E Brown Y Heath Y Henson Hill,Jack Y Schaefer Y Seabaugh Y Seay 3098 JOURNAL OF THE SENATE Y Bulloch Y Butler Y Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden E Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Hill,Judson Y Hooks Y Hudgens Jackson Y Johnson Y Jones E Me V Bremen Y Moody E Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed E Rogers Y Shafer,D Y Smith E Staton Y Stoner Y Tarver Y Tate E Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles E Williams On the passage of the bill, the yeas were 41, nays 0. HB 960, having received the requisite constitutional majority, was passed. HB 130. By Representatives Hill of the 21st, Mills of the 25th, Meadows of the 5th, England of the 108th and Benton of the 31st: A BILL to be entitled an Act to amend Article 34 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relative to protection from identity theft, so as to provide for security freezes; to provide for definitions; to provide for procedures for placing, removing, and temporarily lifting a security freeze; 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 Senate Banking and Financial Institutions Committee offered the following substitute to HB 130: A BILL TO BE ENTITLED AN ACT To amend Article 34 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to protection from identity theft, so as to provide for security freezes on consumer credit accounts; to provide for definitions; to provide for procedures for placing, removing, and temporarily lifting a security freeze; to provide for fees; to MONDAY, MARCH 31, 2008 3099 provide for a penalty for violations; to provide for notice to consumers; 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 34 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to identity theft, is revised by adding new Code sections to read as follows: "10-1-913. As used in this Code section and in Code Section 10-1-914, the term: (1) 'Consumer' means a natural person residing in this state. (2) 'Consumer credit report' means a 'consumer report' as defined in 15 U.S.C. Section 1681a(d) that a consumer reporting agency furnishes to a person which it has reason to believe intends to use the information as a factor in establishing the consumers eligibility for credit to be used primarily for personal, family, or household purposes. (3) 'Consumer credit reporting agency' means any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer credit reports to third parties. (4) 'Normal business hours' means any day, between the hours of 8:00 A.M. and 9:30 P.M., Eastern Standard Time. (5) 'Person' means any individual, partnership, corporation, trust, estate, cooperative, association, government, or governmental subdivision or agency, or other entity. (6) 'Proper identification' means information generally deemed sufficient to identify a person for consumer reporting agency purposes under 15 U.S.C. Section 1681 et seq. (7) 'Security freeze' means a restriction placed on a consumer credit report at the request of the consumer that prohibits a consumer credit reporting agency from releasing all or any part of the consumers consumer credit report or any information derived from the consumers consumer credit report for a purpose relating to the extension of credit without the express authorization of the consumer. 10-1-914. (a) A consumer may place a security freeze on the consumers credit report by making a request in writing by certified mail to a consumer credit reporting agency. No later than August 1, 2008, a consumer credit reporting agency shall make available to consumers an Internet based method of requesting a security freeze and a toll-free telephone number for consumers to use to place a security freeze, temporarily lift a security freeze, or completely remove a security freeze. A security freeze shall prohibit, subject to exceptions in subsection (m) of this Code section, the consumer credit reporting agency from releasing the consumers credit report or credit score 3100 JOURNAL OF THE SENATE without the prior express authorization of the consumer as provided in subsection (d) or (e) of this Code section. Nothing in this subsection prevents a consumer credit reporting agency from advising a third party that a security freeze is in effect with respect to the consumers credit report. (b) A consumer credit reporting agency shall place a security freeze on a consumers credit report no later than three business days after receiving the consumers written request sent by certified mail. (c) The consumer credit reporting agency shall send a written confirmation of the security freeze to the consumer within ten business days of placing the security freeze and at the same time shall provide the consumer with a unique personal identification number or password, other than the consumers social security number, to be used by the consumer when providing authorization for the release of the consumers credit report for a specific period of time. (d) If the consumer wishes to allow the consumers credit report to be accessed for a specific period of time while a security freeze is in place, the consumer shall contact the consumer credit reporting agency through the contact method established by the consumer credit reporting agency, request that the security freeze be temporarily lifted, and provide all of the following: (1) Proper identification; (2) The unique personal identification number or password provided by the consumer credit reporting agency pursuant to subsection (c) of this Code section; (3) The proper information regarding the time period for which the report shall be available to users of the consumer credit report; and (4) The proper payment as may be required by the consumer credit reporting agency. (e) A consumer credit reporting agency shall develop procedures involving the use of telephone, facsimile, the Internet, or other electronic media to receive and process a request from a consumer to temporarily lift a security freeze on a consumer credit report pursuant to subsection (d) of this Code section. (f) A consumer credit reporting agency that receives a request from a consumer to temporarily lift a security freeze on a consumer credit report pursuant to subsection (d) or (e) of this Code section shall comply with the request: (1) No later than three business days after receiving a written request; or (2) Within 15 minutes after the request and payment are received by telephone or electronically by the contact method chosen by the consumer reporting agency during normal business hours and the request includes the consumers proper identification, correct personal identification number or password, and the proper payment as may be required by the consumer credit reporting agency. (g) A consumer reporting agency need not remove a security freeze within 15 minutes, as specified in paragraph (2) of subsection (f) of this Code section, if: (1) The consumer fails to satisfy the requirements of subsection (d) of this Code section; or (2) The consumer credit reporting agencys ability to remove the security freeze within 15 minutes is prevented by: MONDAY, MARCH 31, 2008 3101 (A) An act of God, including fire, earthquakes, hurricanes, storms, or similar natural disaster or phenomenon; (B) Unauthorized or illegal acts by a third party, including terrorism, sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or similar occurrence; (C) Operational interruption, including electrical failure, unanticipated delay in equipment or replacement part delivery, computer hardware or software failures inhibiting response time, or similar disruption; (D) Governmental action, including emergency orders or regulations, judicial or law enforcement action, or similar directives; (E) Regularly scheduled maintenance or updates, during other than normal business hours, to the consumer reporting agencys systems; (F) Commercially reasonable maintenance of, or repair to, the consumer reporting agencys systems that is unexpected or unscheduled; or (G) Receipt of a removal request outside of normal business hours. (h) A consumer credit reporting agency shall only remove or temporarily lift a security freeze placed on a consumers credit report: (1) Upon the consumers request, in compliance with the requirements of this Code section; or (2) If the consumers credit report was frozen due to a material misrepresentation of fact by the consumer. If a consumer credit reporting agency intends to remove a security freeze upon a consumers credit report pursuant to this paragraph, the consumer credit reporting agency shall notify the consumer in writing prior to removing the security freeze on the consumers credit report. (i) If a third party requests access to a consumer credit report on which a security freeze is in effect and this request is in connection with an application for credit or any other use related to the extension of credit and the consumer does not allow the consumers credit report to be accessed for that specific period of time, the third party may treat the application as incomplete. (j) If a consumer requests a security freeze pursuant to this Code section, the consumer credit reporting agency shall disclose to the consumer the process of placing and temporarily lifting a security freeze and the process for allowing access to information from the consumers credit report for a specific period of time while the security freeze is in place. (k) A security freeze shall remain in place until the consumer requests that the security freeze be removed. A consumer credit reporting agency shall remove a security freeze within three business days of receiving a request for removal from the consumer. The consumer shall provide all of the following: (1) Proper identification; (2) The unique personal identification number or password provided by the consumer credit reporting agency pursuant to subsection (c) of this Code section; and (3) The proper fee as may be required by the consumer credit reporting agency. (l) A consumer credit reporting agency shall require proper identification of the person making a request to place, temporarily lift, or remove a security freeze. 3102 JOURNAL OF THE SENATE (m) By way of example only, and not intending to be exclusive, the provisions of this Code section shall not apply to the use of a consumer credit report by any of the following: (1) A person, or the persons subsidiary, affiliate, agent, subcontractor, or assignee with whom the consumer has, or prior to assignment had, an account, contract, or debtor-creditor relationship for the purposes of reviewing the active account or collecting the financial obligation owing for the account, contract, or debt; (2) A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted under subsection (d) of this Code section for purposes of facilitating the extension of credit or other permissible use; (3) Any person acting pursuant to a court order, warrant, or subpoena; (4) A state or local agency, or its agents or assigns, which administers a program for establishing and enforcing child support obligations; (5) A state or local agency, or its agents or assigns, acting to investigate fraud, including Medicaid fraud; acting to investigate or collect delinquent taxes or assessments, including interest, penalties, and unpaid court orders; or acting to fulfill any of its other statutory responsibilities; (6) A federal, state, or local governmental entity, including a law enforcement agency, court, or its agents or assigns; (7) Any person for the use of a credit report for purposes permitted under 15 U.S.C. Section 1681b(c); (8) Any person for the sole purpose of providing a credit file monitoring subscription service to which the consumer has subscribed; (9) Any person for the purpose of providing a consumer with a copy of the consumers credit report or credit score upon the consumers request; (10) Any depository financial institution for checking, savings, and investment accounts; or (11) Any person or entity for insurance purposes, including use in setting or adjusting a rate, adjusting a claim, or underwriting. (n) If a security freeze is in place, a consumer credit reporting agency shall not change any of the following official information in a credit report without sending a written confirmation of the change to the consumer within 30 days of the change being posted to the consumers file: name, date of birth, social security number, and address. Written confirmation is not required for technical modifications of a consumers official information, including name and street abbreviations, complete spellings, or transposition of numbers or letters. In the case of an address change, the written confirmation shall be sent to both the new address and the former address. (o) The following persons shall not be required to place a security freeze in a consumer credit report pursuant to this Code section; provided, however, that any person that shall not be required to place a security freeze on a consumer credit report under the provisions of paragraph (3) of this subsection shall be subject to any security freeze placed on a consumer credit report by another consumer credit reporting agency from which it obtains information: MONDAY, MARCH 31, 2008 3103 (1) A check services or fraud prevention services company, including reports on incidents of fraud, or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payment; (2) A deposit account information service company, which issues reports regarding account closures due to fraud, substantial overdrafts, automated teller machine abuse, or other similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution; (3) Resellers of consumer credit report information that assemble and merge information contained in a data base of one or more consumer credit reporting agencies and do not maintain a permanent data base of consumer credit information from which new consumer credit reports are produced; or (4) A consumer credit reporting agencys data base or file which consists of information concerning, and used for, one or more of the following: criminal record information, fraud prevention or detection, personal claim loss history information, and employment, tenant, or individual background screening. (p) This Code section shall not prevent a consumer credit reporting agency from charging a fee of no more than $3.00 to a consumer for each security freeze placement, any permanent removal of the security freeze, or any temporary lifting of the security freeze for a period of time. A consumer credit reporting agency shall not charge a person age 65 or over for the placement of a security freeze. A consumer credit reporting agency shall not charge any fee to a victim of identity theft who has submitted a copy of a valid investigative or incident report or complaint with a law enforcement agency about the unlawful use of the victims identifying information by another person that was filed with the law enforcement agency no more than 90 days prior to the consumers request for a security freeze. A consumer credit reporting agency may charge a fee of no more than $5.00 to a consumer for each replacement of a unique personal identification number or password. (q) The fees provided for in subsection (p) of this Code section shall be subject to review upon the request of a consumer reporting agency to the commissioner of banking and finance. If a consumer credit reporting agency provides evidence based on the actual costs of placing and removing security freezes that an increase in the fees is justified, the commissioner may increase the fees under his or her rule-making authority. The fees provided for in subsection (p) of this Code section shall not exceed $5.00 without legislative approval. (r) A person that violates this Code section may be investigated and prosecuted under the provisions of the Fair Business Practices Act, Code Section 10-1-390, et seq., and may be fined not more than $100.00 for a violation concerning a specific consumer. 10-1-915. At any time that a consumer is required to receive a summary of rights required by 15 U.S.C. Section 1681g(d) of the federal Fair Credit Reporting Act, the consumer shall also be provided with the following notice: 3104 JOURNAL OF THE SENATE 'Georgia Consumers Have the Right to Obtain a Security Freeze. You have a right to place a "security freeze" on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization. A security freeze must be requested in writing by certified mail or by electronic means as provided by a consumer reporting agency. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. If you are actively seeking a new credit, loan, utility, telephone, or insurance account, you should understand that the procedures involved in lifting a security freeze may slow your applications for credit. You should plan ahead and lift a freeze in advance of actually applying for new credit. When you place a security freeze on your credit report, you will be provided a personal identification number or password to use if you choose to remove the freeze on your credit report or authorize the release of your credit report for a period of time after the freeze is in place. To provide that authorization you must contact the consumer reporting agency and provide all of the following: (1) The personal identification number or password. (2) Proper identification to verify your identity. (3) The proper information regarding the period of time for which the report shall be available. A consumer reporting agency must authorize the release of your credit report no later than fifteen (15) minutes after receiving the above information if the request is by electronic means or by telephone, or no later than three business days when a written request is submitted. A security freeze does not apply to a person or entity, or its affiliates, or collection agencies acting on behalf of the person or entity, with which you have an existing account, that requests information in your credit report for the purposes of reviewing or collecting the account. Reviewing the account includes activities related to account maintenance. You have a right to bring civil action against anyone, including a consumer reporting agency, who improperly obtains access to a file, knowingly or willfully misuses file data, or fails to correct inaccurate file data. Unless you are a victim of identity theft with a police report or other official document acceptable to a consumer reporting agency to verify the crimes, or you are 65 or older, a consumer reporting agency has the right to charge you a fee of no more than $3.00 to place a freeze on your credit report.'" SECTION 2. This Act shall become effective on August 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute MONDAY, MARCH 31, 2008 3105 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 Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones E Me V Bremen Y Moody E Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Smith E Staton Y Stoner Y Tarver Y Tate E Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles E Williams On the passage of the bill, the yeas were 44, nays 0. HB 130, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Hamrick of the 30th Heath of the 31st HB 1159. By Representatives Lunsford of the 110th, Richardson of the 19th, Walker of the 107th, Neal of the 1st, Butler of the 18th 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 adoption of a qualified foster child; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue 3106 JOURNAL OF THE SENATE 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 Seabaugh of the 28th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Brown Y Bulloch Y Butler Y Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden E Grant E Hamrick E Harbison Y Harp Y Hawkins E Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody E Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith E Staton Y Stoner Y Tarver Y Tate E Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles E Williams On the passage of the bill, the yeas were 44, nays 0. HB 1159, having received the requisite constitutional majority, was passed. Senator Hill of the 4th was excused for business outside the Senate Chamber. HB 152. By Representatives Lunsford of the 110th, Stephens of the 164th, Mills of the 25th, Coan of the 101st, Hembree of the 67th 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 provide that qualified students who complete a home study course and who score in the ninetieth percentile or higher on a standardized MONDAY, MARCH 31, 2008 3107 college admission test shall be eligible for the HOPE scholarship; 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. The report of the committee, which was favorable to the passage of 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 Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Y Grant E Hamrick E Harbison Y Harp Y Hawkins E Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody E Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Tate E Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles E Williams On the passage of the bill, the yeas were 43, nays 2. HB 152, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Harp of the 29th Smith of the 52nd HB 969. By Representatives Lunsford of the 110th, Loudermilk of the 14th, Scott of the 2nd, Lewis of the 15th, Davis of the 109th and others: A BILL to be entitled an Act to amend Code Section 40-5-22 of the Official 3108 JOURNAL OF THE SENATE Code of Georgia Annotated, relating to persons not to be licensed, minimum ages for licenses, school attendance requirements, and driving training requirements, so as to provide that a course of instruction given within the context of a bona fide home schooling program shall constitute an approved driver education training course; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Murphy of the 27th. The Senate Public Safety Committee offered the following substitute to HB 969: A BILL TO BE ENTITLED AN ACT To amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be licensed, minimum ages for licenses, school attendance requirements, and driving training requirements, so as to provide that a course of instruction given within the context of a bona fide home schooling program shall constitute an approved driver education training course; to amend Chapter 10 of Title 40 of the Official Code of Georgia Annotated, relating to formulation and coordination of state and local highway safety programs, so as to provide the Governor certain authority relating to the disposition of surplus property; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be licensed, minimum ages for licenses, school attendance requirements, and driving training requirements, is amended by adding a new paragraph at the end of subsection (a.2) to read as follows: "(5) For purposes of this Code section, the term 'approved driver education training course' shall include instruction given in the course of a home education program that satisfies the reporting requirements of all state laws governing such programs, provided that such instruction utilizes a curriculum approved by the department." SECTION 2. Chapter 10 of Title 40 of the Official Code of Georgia Annotated, relating to formulation and coordination of state and local highway safety programs, is amended by revising Code Section 40-10-7, relating to specific authority and duties of the Governor, as follows: "40-10-7. The Notwithstanding the provisions of Code Section 50-5-143, the Governor is MONDAY, MARCH 31, 2008 3109 authorized and granted the power to contract and to exercise any other powers which may be necessary in order to ensure that all departments of the state government and local political subdivisions participate to the fullest extent possible in the benefits available under the National Highway Safety Act of 1966 and similar federal programs of highway safety. The Governor shall formulate standards for highway safety programs for political subdivisions to assure that they meet the criteria of the National Highway Safety Agency and shall institute a reporting system for the local political subdivisions to report the status of their programs to the state." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Y Grant E Hamrick E Harbison E Harp Y Hawkins E Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody E Mullis Y Murphy Y Orrock Y Pearson Y Powell Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D E Smith Y Staton Y Stoner Y Tarver Y Tate E Thomas,D N Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles E Williams On the passage of the bill, the yeas were 41, nays 2. HB 969, having received the requisite constitutional majority, was passed by substitute. 3110 JOURNAL OF THE SENATE HB 239. By Representatives Lane of the 158th, Jerguson of the 22nd and Burns of the 157th: A BILL to be entitled an Act to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, so as to change certain provisions relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bulloch of the 11th. The Senate Natural Resources and the Environment Committee offered the following substitute to HB 239: A BILL TO BE ENTITLED AN ACT To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to change certain provisions relating to wild animals for which licenses or permits are required; 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 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by revising Code Section 27-1-39, relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations, as follows: "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 term 'rules and regulations' shall mean those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2006 January 1, 2008." SECTION 2. Said title is further amended by revising subparagraphs (a)(1)(A) and (b)(1)(A) and the language introductory thereto in Code Section 27-5-5, relating to wild animals for which licenses or permits are required, as follows: "(a) The following animals are considered to be inherently dangerous to human beings and are subject to the license or permit and insurance requirements provided for in MONDAY, MARCH 31, 2008 3111 subsection (f) of Code Section 27-5-4: (1) Class Mammalia: (A) Order Marsupialia: Family Macropodidae: Genus Macropus (Kangaroos, wallabies, wallaroos) -- All species;" "(b) Except as provided in this Code section, a license or permit is required for the following wild animals and any others specified by regulation of the board: (1) Class Mammalia: (A) Order Marsupialia (opossum, wallabies, etc.) -- All species other than those listed in subparagraph (a)(1)(A) of this Code section; except that Petaurus breviceps (sugar glider) may be sold, purchased, exhibited, or held as a pet without a license or permit if the owner thereof possesses valid documentation that the animal originated from a source inspected and regulated by the United States Department of Agriculture;" SECTION 3. Said title is further amended by revising subparagraph (b)(1)(Q) of Code Section 27-5-5, relating to wild animals for which licenses or permits are required, as follows: "(Q) Order Artiodactyla (even-toed ungulates) - All species except Bison bison (buffalo), Bubalus bubalis (water buffalo), and Llama guanicoe, L. glama, and L. pacos (llamas);" SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour Y Brown Y Bulloch Y Butler E Carter E Chance Y Heath Y Henson E Hill,Jack E Hill,Judson Hooks Y Hudgens Jackson Y Schaefer Y Seabaugh Y Seay Y Shafer,D E Smith Y Staton Y Stoner 3112 JOURNAL OF THE SENATE Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison E Harp Y Hawkins Y Johnson Y Jones Y Me V Bremen Y Moody E Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Tarver Tate E Thomas,D Y Thomas,R Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles E Williams On the passage of the bill, the yeas were 40, nays 0. HB 239, having received the requisite constitutional majority, was passed by substitute. At 11:55 a.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. The following Senators were excused for business outside the Senate Chamber: Goggans of the 7th Seabaugh of the 28th Moody of the 56th Wiles of the 37th Murphy of the 27th Senator Seay of the 34th asked unanimous consent that Senator Reed of the 35th be excused. The consent was granted, and Senator Reed was excused. The Calendar was resumed. HB 393. By Representatives Stephens of the 164th, Williams of the 4th, Tumlin of the 38th, Amerson of the 9th, Shaw of the 176th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for distribution and sale of wine, so as to change certain provisions relating to licensing of farm wineries to engage in retail and wholesale sales, surety bond, and excise taxes; to change certain provisions relating to sale by farm wineries of wines, distilled spirits, and malt beverages on or contiguous to its own premises; to change certain provisions relating to creation of limited exceptions so as to permit direct shipment of wine; to provide for farm winery MONDAY, MARCH 31, 2008 3113 special order shipping licenses; to regulate direct shipment of wine to consumers by holders of such licenses; 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 Carter E Chance N Chapman Y Cowsert Davenport N Douglas Y Fort E Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins N Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks N Hudgens Y Jackson Johnson Y Jones Y Me V Bremen E Moody E Mullis E Murphy Y Orrock N Pearson Y Powell Y Ramsey E Reed Y Rogers Y Schaefer E Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate E Thomas,D N Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber E Wiles Y Williams On the passage of the bill, the yeas were 35, nays 6. HB 393, having received the requisite constitutional majority, was passed. The following resolution was read and adopted: SR 1286. By Senator Golden of the 8th: A RESOLUTION recognizing and expressing appreciation to Carmen Alexander for exemplary service to the State of Georgia; and for other purposes. 3114 JOURNAL OF THE SENATE Senator Golden of the 8th recognized Carmen Alexander, commended by SR 1286. Carmen Alexander addressed the Senate briefly. The Calendar was resumed. HB 1061. By Representatives Stephens of the 164th, Ehrhart of the 36th, Amerson of the 9th, Williams of the 4th, Tumlin of the 38th and others: 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 amend certain provisions relating to special order shipping licenses; to limit the number of cases of wine shipped to any one consumer; to provide for certain taxes to paid by the shipper of the wine; 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 Carter E Chance N Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Hamrick N Harbison Y Harp Hawkins N Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks N Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen E Moody Y Mullis E Murphy Y Orrock N Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer E Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber E Wiles Y Williams On the passage of the bill, the yeas were 40, nays 6. MONDAY, MARCH 31, 2008 HB 1061, having received the requisite constitutional majority, was passed. 3115 The following communication was received by the Secretary: Senator John Wiles District 37 324 Coverdell Legislative Office Building Atlanta, GA 30334 Committees: State and Local Governmental Operations Administrative Affairs Health and Human Services Higher Education Judiciary Urban Affairs Appropriations The State Senate Atlanta, Georgia 30334 3/31/08 To the Secretary of the Senate: I was excused on HB 393 and HB 1061 as I was in a Budget Subcommittee Conference Committee. /s/ John Wiles The Calendar was resumed. HB 851. By Representatives Peake of the 137th, Martin of the 47th, Royal of the 171st, Stephens of the 164th, Parrish of the 156th and others: A BILL to be entitled an Act to amend Code Section 48-7-29.8 of the Official Code of Georgia Annotated, relating to income tax credits for the certified rehabilitation of historic structures, so as to change the method of calculation of the tax credit; to remove the cap on the amount of credits; to authorize the transfer or assignment of tax credits under certain circumstances; to provide that proceeds received by the taxpayer for the assignment or sale of tax credits shall be exempt from taxation as income; to provide for an effective date and applicability; 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: 3116 JOURNAL OF THE SENATE 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 19, 2008 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Revised Fiscal Note House Bill 851 Substitute (LC 18 6934S) Dear Chairman O'Neal: This bill would change the method by which income tax credits for the certified rehabilitation of historic structures are calculated. In the case of a historic home, it would raise the tax credit from 10 percent to 25 percent of qualified rehabilitation expenditures. It would increase the cap on the tax credit from $5,000 every 120 months to $100,000 every 120 months. For any other certified structure, the amount of the credit increases from 20 to 25 percent of qualified rehabilitation expenditures and the cap on the tax credit would be increased to $300,000 every 120 months. Credits would also become transferable. This bill would become effective on January 1, 2009 and apply to all taxable years beginning on or after that date. According to the Georgia State University Fiscal Research Center, the annual cost of this bill to the state could vary widely. If the current level of participation in the program remains the same and project size does not change, the cost to the state is estimated to be approximately $2,659,340. However if the number and size of the projects increase as is the intent of the bill, annual costs to the state could reach approximately $10,004,737. The Center provided the following narrative on the revenue impact of this bill: A summary of the state income tax credits for historic preservation was received from Georgia Department of Natural Resources, Historic Preservation Division. Calendar MONDAY, MARCH 31, 2008 3117 years are used for ease of comparison across years. In 2004, the program's initial year, four final certifications for state credit were issued. By 2007, thirty final certifications for the state credit were issued. The amount of rehabilitation expenses spent by private investors for completed projects per year in 2004 was $658,326; by 2007, the figure had increased to $25,283,049. Many other states also have state income tax credits for historic preservation that are similar to the changes proposed in this bill. Below is a summary of several states that have similar programs for which data on the number of projects as well as rehabilitation costs are readily available. These figures can be used as a guide to estimate how Georgia's historic rehabilitation income tax credit might grow if the percentage of allowed expenses is increased, the cap is increased, and it becomes transferable. Missouri has a 25 percent rehabilitation tax credit for commercial properties listed on the national register or in a certified historic district. There are no caps to the amount of credits issued. The minimum investment must exceed 50 percent of the adjusted basis of the structure. Credits are not freely transferable; however, there is a carry back for three years and a carry forward of 10 years. Approximately 905 projects have been approved since the program began in 1998; during this period, approximately $485 million in credits were issued for $1.9 billion in allowable rehabilitation costs. This results in approximately 100 average projects per year with an average rehabilitation expense per project of $2.15 million. The average tax credit is approximately $536,000. The average total project cost per year is approximately $216 million. Missouri has no state income tax credit for owner-occupied residential property. Kansas has a state income tax commercial credit of 25 percent for rehabilitation for qualified expenses incurred during a project for any property listed on the national register or the state register. There is also a 25 percent rehabilitation tax credit for qualified expenses for residential property as well. There is no cap for the tax credits. A minimum investment of $5,000 is required on qualified expenditures. Credits are freely transferable and there is a 10-year carry forward. Approximate 500 projects have been reviewed since 2001 when the program began. In this period approximately $60 million has been invested in rehabilitation of historic properties in Kansas. Kansas averages 83 projects per year. On average each project spends roughly $136,000 with an average tax credit of $34,000. In Kentucky the state income tax credit is 20 percent for non-residential properties and 30 percent for owner occupied residential properties. There is a $3 million annual statewide cap for the total program. For owner-occupied residential housing, the total credit cannot exceed $60,000. There is a $400,000 per project cap for all other properties. There is a minimum investment of $20,000 for owner-occupied housing and a minimum investment of $20,000 or the adjusted basis, whichever is greater, for all other properties. Credits are freely transferable. In the first year of the program, forty-three projects were approved 3118 JOURNAL OF THE SENATE and approximately $17.3 million was spent. This averages out to be approximately $402,000 per project with an average tax credit of roughly $100,000. In order to calculate the potential cost of this bill, calendar year 2007 data from the Georgia Department of Natural Resources, Historic Preservation Division are used. These figures list individual rehabilitation expenses for both commercial and residential projects which facilitates estimation. In calendar year 2007, the Georgia historic income tax credit was approved for 18 residential projects totaling $6,295,436 and 12 commercial projects totaling $18,987,613 in rehabilitation expenses. The average amount of rehabilitation expenses for the residential projects was $349,746 while the average rehabilitation expenses for the commercial projects were $1,582,301. To determine estimates of the cost of this bill, the individual rehabilitation expenses for each project must be examined. For the residential projects, the new cap is relevant if the rehabilitation expenses are over $400,000. Examining the individual project cost yields 12 projects below this threshold, with a total rehabilitation expense of $1,985,904, and six projects above this threshold, with a total rehabilitation expense of $4,309,532. The twelve residential projects below the threshold yield a tax credit of $496,476. The six projects above the threshold yield a tax credit of $600,000. This would generate a total residential tax credit of $1,096,476 under this bill. For the commercial projects the new cap is only relevant if the rehabilitation expenses exceed $1.2 million. Examining the individual projects list for calendar year 2007 yields eight projects below this threshold that have a total rehabilitation expense of $2,051,456. Four projects are above the threshold and have a total rehabilitation expense of $16,936,157. For the eight commercial projects below the threshold, the total tax credit is $512,864. For the four commercial projects above the threshold, the tax credit is $1.2 million. The total commercial tax credit is $1,712,864 under this bill. Under the current historic tax credit, the state would offer a credit up to $5,000. Assuming that all 30 projects qualify for the maximum tax credit, this would cost the state $150,000. Summing the commercial and residential tax credits and subtracting the currently allowed credit amount yields a cost to the state of $2,659,340. This is likely to be a low estimate, as the increase in the cap is intended as an incentive to property owners and developers to undertake more historic rehabilitation. An upper bound estimate can be reached by examining the experience of states with similar programs discussed above. The average rehabilitation expenses in Georgia are similar to those of Kentucky and Missouri. It is likely that the increased cap will encourage more projects as well as increase the average rehabilitation expense. Missouri has a mature program and its average commercial expenditure is 36 percent greater than Georgia's. Thus, the Missouri average rehabilitation expense is used for an upper bound estimate in the commercial sector. The same 36 percent increase will be applied to the average cost MONDAY, MARCH 31, 2008 3119 of residential rehabilitation expenses. The three states discussed above are also used to determine the amount of growth in the number of projects undertaken in Georgia due to the changes in this bill. The figures for Kentucky are similar to those of Georgia; however, Kentucky has only had its program in place for one year. Kansas has had a program in place since 2001 and averages 83 projects per year. Missouri has had a program in place since 1998 for only commercial projects and averages 100 projects a year. As this bill offers the credit to both commercial and residential projects, it seems reasonable to use the higher Missouri average, even though the Georgia program has been in existence since only 2004. The calendar year 2007 proportion of residential to commercial projects will be maintained. Using the ratio of calendar year 2007 residential projects to commercial projects yields an estimate of 60 residential projects and 40 commercial projects. For the commercial projects, using the same ratio for projects above the cap as those below the cap yields 27 projects below the cap and 13 above the cap. For the 27 projects below the cap, the average rehabilitation cost, after the 36 percent increase, is $348,748. Thus, the total commercial tax credit for those projects below the cap is $2,354,045. For those 13 projects above the cap the total commercial tax credit would be $3.9 million. This generates a total estimated commercial tax credit of $6,254,045 due to this bill. For residential projects, it is estimated that 40 projects will be below the cap amount and 20 projects will be above the cap amount. For those 40 projects below the cap amount the average rehabilitation expense, after the 36% increase, is $225,069. This yields a total tax credit for these 40 projects of $2,250,691. For the 20 projects above the cap amount the tax credit would be $2 million. This yields a total residential tax credit of $4,250,691. Again, summing commercial and residential credits and subtracting the currently allowed credit amount of $500,000 yields a cost to the state of $10,004,737. This is a yearly cost and represents a likely upper bound estimate of the additional expense of this bill. It should be noted that the ratio of commercial to residential projects could change. If more commercial projects with large rehabilitation expenses that reach the cap amount are undertaken due to this bill then the cost to the state could exceed the $10,004,737 estimate. Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget The Senate Finance Committee offered the following substitute to HB 851: 3120 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Code Section 48-7-29.8 of the Official Code of Georgia Annotated, relating to income tax credits for the certified rehabilitation of historic structures, so as to increase the amounts of such tax credits; to provide for procedures, conditions, and limitations; 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 48-7-29.8 of the Official Code of Georgia Annotated, relating to income tax credits for the certified rehabilitation of historic structures, is amended by revising subsection (b) as follows: "(b) A taxpayer shall be allowed a tax credit against the tax imposed by this chapter for the taxable year in which the certified rehabilitation is completed: (1) In the case of a historic home, equal to 10 25 percent of qualified rehabilitation expenditures, except that, in the case of a historic home located within a target area, an additional credit equal to 5 percent of qualified rehabilitation expenditures shall be allowed; and (2) In the case of any other certified structure, equal to 20 25 percent of qualified rehabilitation expenditures." SECTION 2. Said Code section is further amended by revising subsection (c) as follows: "(c)(1) In no event shall credits for a historic home or certified structure exceed $5,000.00 $100,000.00 in any 120 month period. (2) In no event shall credits for a certified structure exceed $300,000.00 in any 120 month period." SECTION 3. This Act shall become effective on January 1, 2009, and shall apply to all taxable years beginning on or after that date. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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. MONDAY, MARCH 31, 2008 3121 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 Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen E Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 2. HB 851, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Hamrick of the 30th Shafer of the 48th HB 1046. By Representatives Mills of the 25th, Stephens of the 164th, Channell of the 116th, Rogers of the 26th, Royal of the 171st and others: A BILL to be entitled an Act to amend Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, so as to provide that watercraft held in inventory for resale shall continue to be exempt from taxation for a limited period of time; to provide for definitions; to provide an effective date; to provide for applicability; 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: 3122 JOURNAL OF THE SENATE 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 8, 2008 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 1046 (LC 18 6773) Dear Chairman O'Neal: This bill will exempt boat retailers from any ad valorem tax on watercraft held in inventory for sale or resale for the period January 1, 2009 through December 31, 2010. Under current state law, this exemption applies to the period beginning January 1, 2007, and ending December 31, 2008. The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: According to boat dealer data from the 2002 Economic Census, as of 2002 there are 122 boat dealers with annual sales of $233 million in the state of Georgia. Assuming constant sales and inflating price levels using average annual inflation between 2002 and 2007, sales of $280 million and $287 million are projected for 2009 and 2010, respectively. The watercraft industry falls within the motor vehicle and parts dealer category of the retail trade industry. In 2005, motor vehicle and parts dealer inventories were 17.6 percent of total sales. It is assumed that watercraft industry inventories are also 17.6 percent of total sales in 2005 and maintain this ratio through 2010. The state average ad valorem tax is 29 mills and the assessment rate is 40 percent. The loss of local ad valorem tax revenues would amount to $571,648 in 2009 and $585,939 in 2010. The state mill rate is 0.25; therefore, the tax revenue loss to the state would be $4,928 in 2009 and $5,051 in 2010. MONDAY, MARCH 31, 2008 Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget 3123 The report of the committee, which was favorable to the passage of 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 Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen E Moody Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay E Shafer,D Y Smith Staton Y Stoner Y Tarver Y Tate Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 46, nays 1. HB 1046, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Rogers of the 21st Williams of the 19th 3124 JOURNAL OF THE SENATE HB 1054. By Representatives Cooper of the 41st, Manning of the 32nd, Butler of the 18th, Martin of the 47th, Willard of the 49th and others: A BILL to be entitled an Act to enact the "Children and Family Services Strengthening Act of 2008"; to amend Article 5 of Chapter 11 of Title 15 of the O.C.G.A., relating to the Child Advocate for the Protection of Children, so as to provide the necessary staffing and administrative support to the Georgia Child Fatality Review Panel; to amend Chapter 14 of Title 19 of the O.C.G.A., relating to child abuse and neglect prevention, so as to transfer the functions of the Childrens Trust Fund Commission to the Governors Office for Children and Families; to repeal Code Sections 19-14-2 through 19-14-9; to provide for the continued existence of the Childrens Trust Fund; to amend Chapter 15 of Title 19 of the O.C.G.A., relating to child abuse, so as to provide the Office of the Child Advocate for the Protection of Children with certain responsibilities regarding administrative and staff support; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Carter of the 13th. The Senate Judiciary Committee offered the following substitute to HB 1054: A BILL TO BE ENTITLED AN ACT To enact the "Children and Family Services Strengthening Act of 2008"; to amend Article 5 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Child Advocate for the Protection of Children, so as to provide the necessary staffing and administrative support to the Georgia Child Fatality Review Panel; to amend Chapter 14 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse and neglect prevention, so as to transfer the functions of the Childrens Trust Fund Commission to the Governors Office for Children and Families; to repeal Code Sections 19-14-2 through 19-14-9; to provide for the continued existence of the Childrens Trust Fund; to amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to provide the Office of the Child Advocate for the Protection of Children with certain responsibilities regarding administrative and staff support; to provide that the Georgia Child Fatality Review Panel shall be attached to the Office of Planning and Budget; to amend Article 6 of Chapter 5 of Title 49, relating to programs and protection for children, so as to make legislative declarations; to provide for definitions; to establish the Governors Office for Children and Families; to provide such office with certain powers and responsibilities; to provide for an executive director; to provide for an advisory board; to provide for revisions for purposes of conformity; to amend An Act amending Title 19 of the Official Code of Georgia Annotated, relating to MONDAY, MARCH 31, 2008 3125 domestic relations, establishing the State Childrens Trust Fund and the State Childrens Trust Fund Commission, approved April 16, 1987 (Ga. L. 1987, p. 1133), as amended by an Act approved April 27, 1999 (Ga. L. 1999, p. 520), so as to repeal a section regarding an automatic repealer; 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 may be cited as the "Children and Family Services Strengthening Act of 2008." SECTION 2. The General Assembly finds that well-intentioned efforts over the years have resulted in the creation of several agencies focused on preventing child abuse and juvenile delinquency, on serving at-risk families and troubled youth, and on promoting the improvement of our states child welfare system. The General Assembly further finds that the work of some of these agencies overlaps, and that the at-risk families and troubled children of Georgia will be more efficiently and effectively served by consolidating the Children and Youth Coordinating Council with the Childrens Trust Fund Commission, by placing the functions of the Georgia Child Fatality Review Panel under the supervision of the Child Advocate for the Protection of Children, and by encouraging these consolidated agencies to collaborate to create a consistent vision for serving the needs of our states families in need. SECTION 3. Article 5 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Child Advocate for the Protection of Children, is amended in Code Section 15-11173, relating to duties, by adding a new paragraph (3) and renumbering the remaining paragraphs respectively. "(3) Coordinate and supervise the work of the Georgia Child Fatality Review Panel created by Code Section 19-15-4 and provide such staffing and administrative support to the panel as may be necessary to enable the panel to carry out its statutory duties;" SECTION 4. Chapter 14 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse and neglect prevention, is amended by revising Code Section 19-14-1, relating to the short title for the "Child Abuse and Neglect Prevention Act," to read as follows: "19-14-1. This chapter shall be known and may be cited as the 'Child Abuse and Neglect Prevention Act.' The functions and duties of the State Childrens Trust Fund Commission are hereby transferred to the Governors Office for Children and Families effective July 1, 2008. All action taken by the State Childrens Trust Fund Commission prior to that date shall be considered valid, and the Governors Office for Children and 3126 JOURNAL OF THE SENATE Families shall as of July 1, 2008, assume all ongoing and continuing obligations of the Childrens Trust Fund Commission. All personnel, supplies, records, materials, furniture, furnishings, books, equipment, and services of the Childrens Trust Fund Commission shall be transferred to the office on July 1, 2008." SECTION 5. Said chapter is further amended by repealing Code Sections 19-14-2 through 19-14-9. SECTION 6. Said chapter is further amended by revising Code Section 19-14-20, relating to the creation of the State Childrens Trust Fund, to read as follows: "19-14-20. The State Childrens Trust Fund is created as a separate fund in the state treasury. The fund shall be expended only as provided in this chapter and in Part 1 of Article 6 of Chapter 5 of Title 49, and the State Childrens Trust Fund shall continue in existence until repealed by the legislature." SECTION 7. Said chapter is further amended by revising Code Section 19-14-23, relating to issuance of warrants regarding disbursements from the Childrens Trust Fund, as follows: "19-14-23. Disbursements made pursuant to Code Section 19-14-9 49-5-135 shall be paid out of the Childrens Trust Fund in the state treasury by warrant of the Governor." SECTION 8. Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, is amended in Code Section 19-15-4, relating to the Georgia Child Fatality Review Panel, by revising subsection (b) to read as follows: "(b) The panel shall be attached for administrative purposes only to the Department of Human Resources. Notwithstanding any provision in Code Section 50-4-3 to the contrary, the State Childrens Trust Fund Commission shall provide such staff support as may be necessary to enable the panel to discharge its duties under the law The Office of the Child Advocate for the Protection of Children shall coordinate the work of the panel and shall provide such administrative and staff support to the panel as may be necessary to enable the panel to discharge its duties under this chapter. The panel shall be attached to the Office of Planning and Budget for administrative purposes, and its planning, policy, and budget functions shall be coordinated with those of the Office of the Child Advocate." SECTION 9. Article 6 of Chapter 5 of Title 49, relating to programs and protection for children, is amended by striking Part 1 in its entirety and inserting in lieu thereof a new Part 1 to read as follows: MONDAY, MARCH 31, 2008 3127 "Part 1 49-5-130. The General Assembly finds and declares: (1) That the future of this state depends on our supporting and nurturing the creation and development of strong, safe, stable, and successful families. Therefore, the General Assembly is committed to ensuring the provision of appropriate services to children, youth, and families. The intent of this article is to provide for the effective coordination and communication between providers of prevention and early intervention services for children and youth and juvenile justice and child welfare systems at all levels of state government; (2) That consolidating multiple child welfare and juvenile justice funding and policy agencies into a single agency with authority to address the needs of at-risk children from birth through adolescence will create a more unified, consistent approach to addressing the needs of our states children and youth; and (3) Its intent to reduce the number of children committed by the courts to institutions operated by the Department of Juvenile Justice and the Department of Human Resources or other state agencies and to provide a preventative, comprehensive plan for the development of community based alternatives so that children who have committed delinquent acts and children who are at risk of becoming dependents of state government and its institutions may not have to be committed to a state detention facility or other such facility. Additionally, it is the intent of this part to provide for noninstitutional disposition options in any case before the juvenile court where such disposition is deemed to be in the best interest of the child and of the community. 49-5-131. (a) As used in this part, the term: (1) 'Board' means the advisory board to the Governors Office for Children and Families created pursuant to Code Section 49-5-134. (2) 'Child' means a person under the age of 17 years or a person under the age of 18 years who is alleged to be deprived or is alleged to be a status offender as those terms are defined by Code Section 15-11-2. (3) 'Director' means the executive director of the Governors Office for Children and Families. (4) 'Fund' means the Childrens Trust Fund created pursuant to Code Section 19-1420. (5) 'Neglect' means harm to a childs health or welfare by a person responsible for the childs health or welfare which occurs through negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care. (6) 'Office' means the Governors Office for Children and Families created pursuant to Code Section 49-5-132. (7) 'Prevention program' means a system of direct provision of child abuse and neglect prevention services to a child, parent, or guardian and may include research or educational programs related to prevention of child abuse and neglect. 3128 JOURNAL OF THE SENATE 49-5-132. (a) There is established the Governors Office for Children and Families which shall be assigned to the Governors Office of Planning and Budget for administrative purposes. (b) The office shall be the successor entity to the Children and Youth Coordinating Council and to the Childrens Trust Fund Commission and shall assume the continuing responsibilities, duties, rights, staff, contracts, debts, liabilities, and authorities of those bodies, any law to the contrary notwithstanding. (c) The office may accept federal funds granted by Congress or executive order for the purposes of the fund as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds does not commit state funds and does not place an obligation upon the General Assembly to continue the purposes for which the federal funds are made available. All funds received in the manner described in this Code section shall be transmitted to the director of the Office of Treasury and Fiscal Services for deposit in the fund to be disbursed as other moneys in such fund. (d) The office is further vested with authority to carry out the following duties and responsibilities in consultation with the board: (1) To carry out the prevention and community based service programs as provided for in Part 2 of this article; (2) To carry out the duties relating to mentoring as provided for in Part 3 of this article; (3) To cooperate with and secure cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this article; (4) To prepare, publish, and disseminate fundamental child related information of a descriptive and analytical nature to all components of the childrens service system of this state, including, but not limited to, the juvenile justice system; (5) To serve as a state-wide clearing-house for child related information and research; (6) In coordination and cooperation with all components of the childrens service systems of this state, to develop legislative proposals and executive policy proposals reflective of the priorities of the entire child related systems of this state, including, but not limited to, child abuse injury prevention, treatment, and juvenile justice systems; (7) To serve in an advisory capacity to the Governor on issues impacting the childrens service systems of this state; (8) To coordinate high visibility child related research projects and studies with a state-wide impact when those studies and projects cross traditional system component lines; (9) To provide for the interaction, communication, and coordination of all components of the childrens service systems of this state and to provide assistance in establishing state-wide goals and standards in the system; (10) To provide for the effective coordination and communication between providers of children and youth services, including pediatrics, health, mental health, business MONDAY, MARCH 31, 2008 3129 and industry, and all components of social services, education, and educational services; (11) To encourage and facilitate the establishment of local commissions or coalitions on children and youth and to facilitate the involvement of communities in providing services for their children and youth; (12) To review and develop an integrated state plan for services provided to children and youth in this state through state programs; (13) To provide technical assistance and consultation to members of the council and local governments, particularly those involved in providing services to their children and youth; (14) To facilitate elimination of unnecessary or duplicative efforts, programs, and services; and (15) To do any and all things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authority granted to it. 49-5-133. (a) There shall be an executive director of the office who shall be appointed by and serve at the pleasure of the Governor. (b) The director may contract with other agencies, public or private, or persons as the director deems necessary for the rendering and affording of such services, facilities, studies, research, and reports as will best enable the office to carry out its functions, responsibilities, and duties under this article. The director is specifically authorized to enter into cooperative contracts for the sharing of staff expertise and personnel with the Office of the Child Advocate for the Protection of Children. 49-5-134. (a) There is established an advisory board to the office which shall consist of at least 15 members appointed by the Governor who as a group have training, experience, or special knowledge concerning the prevention and treatment of child abuse and neglect, emotional disability, foster care, teenage pregnancy, juvenile delinquency, law enforcement, pediatrics, health care, drug treatment and rehabilitation, early childhood, primary and secondary education, or the administration of juvenile justice. (b) At least one-fifth of the members of the advisory board shall be under the age of 24 at the time of their appointment, and at least three members shall have been or shall currently be under the jurisdiction of the juvenile justice system or the foster care system. A single member may fulfill both of the above requirements. (c) Membership on the advisory board does not constitute public office and no member shall be disqualified from holding public office by reason of his or her membership. (d) The advisory board shall elect a chairperson from among its membership. The advisory board may elect such other officers and committees as it considers appropriate. (e) Members shall serve without compensation, although each member of the advisory board shall be reimbursed for actual expenses incurred in the performance of his or her 3130 JOURNAL OF THE SENATE duties from funds available to the office. Such reimbursement shall be limited to all travel and other expenses necessarily incurred through service on the advisory board, in compliance with travel rules and regulations. However, in no case shall a member of the advisory board be reimbursed for expenses incurred in the members capacity as the representative of another state agency. 49-5-135. (a) The advisory board shall: (1) Meet at such times and places as it shall determine necessary or convenient to perform its duties. The advisory board shall also meet on the call of the chairperson, the director, or the Governor; (2) Maintain minutes of its meetings; (3) Adopt rules and regulations for the transaction of its business; (4) In consultation with the office, establish criteria for determining eligibility for receipt of disbursements from the fund; (5) Review applications for disbursements of available money from the fund for child abuse and neglect prevention purposes; (6) In consultation with the office, administer federal assistance funds for the purposes mentioned in this article, including but not limited to funds under the Juvenile Justice and Delinquency Prevention Act; (7) Maintain records of all expenditures of the funds received as gifts and donations, and disbursements made, from the fund and from other state and federal funds; (8) Conform to the standards and requirements prescribed by the state accounting officer pursuant to Chapter 5B of Title 50; (9) Using the combined expertise and experience of its members, provide regular advice and counsel to the director to enable the office to carry out its statutory duties under this article; and (10) Carry out such duties of the office as may be required by federal law or regulation so as to enable the state to receive and disburse federal funds for child abuse prevention and treatment and juvenile delinquency prevention and treatment. (b) The advisory board may authorize the disbursement of available money from the fund after appropriation thereof to an entity or program eligible pursuant to the criteria of the office exclusively to fund a private nonprofit or public organization in the development or operation of a prevention program if all of the following conditions are met: (1) The organization demonstrates broad based community involvement emphasizing volunteer efforts and demonstrates expertise in child abuse prevention issues; (2) The organization demonstrates a willingness and ability to provide program models and consultation to organizations and communities regarding program development and maintenance; and (3) Other conditions that the board may deem appropriate. (c) Funds shall not be disbursed from the trust fund to any organization or other entity or for any purpose authorized in subsection (a) of this Code section until approved by MONDAY, MARCH 31, 2008 3131 the Governor; provided, however, that the Governor may not authorize the disbursement of funds to an organization or other entity which the office has not recommended for a grant." SECTION 10. Title 15 of the Official Code of Georgia Annotated, relating to the courts, is amended by replacing "Children and Youth Coordinating Council" with "Governors Office for Children and Families" wherever the former occurs in: (1) Code Section 15-5-81, relating to the Georgia Courts Automation Commission; and (2) Code Section 15-11-79, relating to juvenile records. SECTION 11. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended in Code Section 35-6A-3, relating to the Criminal Justice Coordinating Council, by replacing "Children and Youth Coordinating Council" with "Governors Office for Children and Families" wherever the former occurs. SECTION 12. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by replacing "Children and Youth Coordinating Council" with "Governors Office for Children and Families" wherever the former occurs in: (1) Code Section 49-5-155, relating to the receipt of federal grant funds; (2) Code Section 49-5-156, relating to mentoring programs for youth; (3) Code Section 49-5-224, relating to certain reports required by the Department of Human Resources; and (4) Code Section 49-5-227, relating to a coordinated system of care for children and youth. SECTION 13. Said title is further amended in Code Section 49-5-156, relating to mentoring programs for youth, by replacing "council" with "office" wherever the former occurs. SECTION 14. An Act amending Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, establishing the State Childrens Trust Fund and the State Childrens Trust Fund Commission, approved April 16, 1987 (Ga. L. 1987, p. 1133), as amended by an Act approved April 27, 1999 (Ga. L. 1999, p. 520), is amended by repealing Section 6. SECTION 15. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. 3132 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Brown Y Bulloch Y Butler Y Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen E Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed E Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles E Williams On the passage of the bill, the yeas were 50, nays 0. HB 1054, having received the requisite constitutional majority, was passed by substitute. Senator Smith of the 52nd was excused for business outside the Senate Chamber. HB 1158. By Representatives Stephens of the 164th, Scott of the 153rd, Cooper of the 41st, Channell of the 116th, Oliver of the 83rd and others: A BILL to be entitled an Act to fund the Georgia Trauma Trust Fund; to amend Article 5 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the Georgia Trauma Care Network Commission, so as to provide for certain reports; to provide for intent of the General Assembly with regard to certain funds for funding the Georgia Trauma Trust Fund; 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 impose a charge on certain motor vehicle registrations in this state which shall be transferred to the state treasury for the purpose of funding the Georgia Trauma Trust Fund; to provide for the MONDAY, MARCH 31, 2008 3133 collection of such charge; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Johnson of the 1st. The Senate Finance Committee offered the following substitute to HB 1158: A BILL TO BE ENTITLED AN ACT To amend Titles 31 and 40 of the Official Code of Georgia Annotated, relating, respectively, to health and motor vehicles, so as to revise certain provisions relating to the duties and responsibilities of the Georgia Trauma Care Network Commission; to fund the Georgia Trauma Trust Fund; to provide for certain reports regarding the Georgia Trauma Trust Fund; to provide for intent of the General Assembly with regard to certain funds for funding the Georgia Trauma Trust Fund; to impose a charge on motor vehicle registrations in this state which shall be transferred to the state treasury for the purpose of funding the Georgia Trauma Trust Fund; to provide for the collection of such charge; to provide for related matters; to provide for referendum approval and a contingent effective date and 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: SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising Code Section 31-11-102, relating to the duties and responsibilities of the Georgia Trauma Care Network Commission, as follows: "31-11-102. The Georgia Trauma Care Network Commission shall have the following duties and responsibilities: (1) To apply for, receive, and administer state funds appropriated to the commission and federal funds and grants, private grants and donations, and other funds and donations. The commissions annual distributions shall be capped and limited to funds received from the sources specified in this paragraph. The commission shall ensure that its funds are not used as a supplement or secondary payor to any other third-party payor; (2) For the first two fiscal years in which funds are appropriated to the commission for distribution, to To distribute such funds in the following areas with the primary priority for distribution for trauma care readiness costs for Level I, II, III, and IV trauma centers and with further priorities in the following areas to be set by majority vote of the commission: (A) Physician uncompensated trauma care services provided in designated trauma 3134 JOURNAL OF THE SENATE centers Extending air or ground ambulance service to regions of the state which are unserved or underserved; (B) Emergency medical service uncompensated trauma care services provided to patients transported to designated trauma centers Training first responders to provide trauma care and utilize the trauma care network; and (C) Uncompensated trauma care services of designated trauma centers; Creating and enhancing command and communication networks to refer trauma patients to the best available facility within the trauma care network. (D) Trauma care readiness costs for designated or certified trauma care service providers; and (E) Trauma care service start-up costs for providers seeking a trauma care designation or certification. The commission shall adopt a formula that prioritizes the distribution of state appropriated funds that may be implemented during the third state fiscal year in which funds are appropriated to the commission for distribution. Such formula shall be evaluated and modified, if needed, every two years thereafter; (3) To develop, implement, administer, and maintain a system to compensate designated Level I, II, III, and IV trauma centers for a portion of their cost of readiness through a semiannual distribution from the Georgia Trauma Trust Fund in a standardized amount determined by the commission. Readiness costs shall include staffing and equipment costs of trauma centers which are incurred solely in order to provide trauma readiness as a Level I, II, III, or IV trauma center and shall not include any expenses which are incurred by a hospital on an ordinary basis regardless of whether or not trauma services are offered. The standardized amounts shall be determined by the commission by July 1, 2008, according to designation level and shall be capped at that specific amount. Initially, such standardized amount shall be based upon a three-year average of annual trauma cases, annual amount of uncompensated trauma care services administered, and a three-year annual average cost of readiness. Such criteria may be changed by a majority vote of the commission. The standardized amounts established pursuant to this paragraph shall be published by the commission. The commission shall be authorized to adjust the standardized amounts for readiness cost reimbursements for a trauma center by a positive or negative margin not to exceed 20 percent of the standardized amount for the designation level based on the volume of patients who were provided trauma care by the trauma center during the prior calendar year. No funds shall be reimbursed to trauma centers by the commission in excess of the adjusted readiness cost. Total annual distributions for trauma center and emergency medical service readiness shall be capped at an amount set by the commission. However, the standards developed by the commission for readiness shall include, but are not limited to, the following: (A) Criteria assuring the trauma fund is a payor of last resort; (B) Criteria assuring that all other resources must be exhausted before the trauma funds are allocated; and (C) Criteria assuring that trauma funds must be used to meet a verified need that MONDAY, MARCH 31, 2008 3135 assists the trauma center to maintain a trauma center designation; (4) To develop, implement, administer, and maintain a system to provide additional designated trauma center compensation to cover trauma center costs not associated with readiness based upon an application and review based process. These distributions shall be capped and limited to semiannual appropriations received by the commission. Designated trauma centers shall submit an application for trauma funds reimbursement semiannually. The application process developed by the commission for such costs shall include, but is not limited to, the following: (A) Criteria assuring that the trauma fund is a payor of last resort; (B) Criteria assuring that trauma funds shall be used for reimbursement for services provided to designated trauma patients; (C) Criteria assuring that trauma funds shall be used for reimbursement for trauma service codes; (D) Criteria assuring that trauma funds used for reimbursement for trauma care costs shall be on a fee schedule or grant basis; provided, however, that no reimbursement shall exceed the average rate reimbursed for similar services under the State Health Benefit Plan; and (E) Criteria that require the trauma center to submit a semiannual report documenting and verifying the use of such funds; (5) To develop, implement, administer, and maintain a system to compensate physicians who provide uncompensated call and trauma care services. This reimbursement shall be distributed on a semiannual basis and paid on a formula to be set by the commission. The call hours must be documented and verified by the trauma director at the appropriate trauma center in order to receive such funds. The formula developed by the commission for reimbursement shall include, but is not limited to, the following: (A) Criteria assuring that the trauma fund is a payor of last resort; (B) Criteria assuring that trauma funds shall be used for reimbursement for services provided to designated trauma patients; (C) Criteria assuring that trauma funds used for reimbursement for physician costs shall be on a fee schedule or grant basis; provided, however, that no reimbursement shall exceed the average rate reimbursed for similar services under the State Health Benefit Plan; and (D) Criteria assuring that trauma funds shall be used for reimbursement for trauma service codes; (6) To reserve and disburse additional moneys to increase the number of participants in the Georgia trauma system. These funds shall be disbursed through an application process to cover partial start-up costs for nondesignated acute care facilities to enter the system as Level II, III, or IV trauma centers. The application process developed by the commission for start-up costs shall include, but is not limited to, the following: (A) Criteria assuring that the trauma fund is a payor of last resort; (B) Criteria assuring that all other resources for start-up costs must be exhausted before the trauma funds are allocated; 3136 JOURNAL OF THE SENATE (C) Criteria assuring that the distribution of trauma funds will result in the applicants achieving a trauma designation as defined by the commission within the time frame specified on the application; (D) Criteria assuring and verifying that the Department of Human Resources has determined that there is a need for an additional trauma center with the designation that the applicant is seeking; and (E) Criteria assuring that no more than 15 percent of the total annual distribution from the trauma fund total shall be distributed for new trauma center development; (7)(A) To develop, implement, administer, and maintain a system to compensate members of the emergency medical service transportation community for readiness and uncompensated trauma care. (B) The compensation for the cost of readiness shall be through an application process adopted by the commission. The application process developed by the commission for readiness costs shall include, but is not limited to, the following: (i) Criteria assuring that the trauma fund is a payor of last resort; (ii) Criteria assuring that all other resources for readiness costs must be exhausted before the trauma funds are allocated; (iii) Criteria assuring that the distribution of trauma funds will result in the applicants achieving certification as defined by the commission within the time frame specified on the application; and (iv) Criteria assuring and verifying that the Department of Human Resources has determined that there is a need for additional emergency medical services with the certification that the applicant is seeking. (C) The commission shall develop a formula for reimbursing emergency medical services uncompensated trauma care services. The formula developed by the commission for reimbursement shall include, but is not limited to, the following: (i) Criteria assuring that the trauma fund is a payor of last resort; (ii) Criteria assuring that trauma funds shall be used for reimbursement for services provided to designated trauma patients; and (iii) Criteria assuring that trauma funds used for reimbursement of emergency medical service costs shall be on a fee schedule or grant basis; provided, however, that no reimbursement shall exceed the average rate reimbursed for similar services under the State Health Benefit Plan; (8) To appropriate, out of the Georgia Trauma Trust Fund, annual moneys for investment in a system specifically for trauma transportation. The purpose of this system is to provide transport to trauma victims where current options are limited. The commission shall promulgate rules and regulations for such system and shall pursue contracts with existing state transportation structures or create a contractual arrangement with existing transportation organizations. The commission shall also be responsible for creating, maintaining, and overseeing a foundation to raise funds specifically for investment in this system and overall trauma funding; (9)(4) To act as the accountability mechanism for the entire Georgia trauma system, primarily overseeing the flow of funds from the Georgia Trauma Trust Fund into the MONDAY, MARCH 31, 2008 3137 system. The State Office of EMS/Trauma shall receive an annual distribution from the commission of not more than 3 percent of the total annual distribution from the fund in the fiscal year. These funds shall be used for the administration of an adequate system for monitoring state-wide trauma care, recruitment of trauma care service providers into the network as needed, and for research as needed to continue to operate and improve the system; (10)(5) To coordinate its activities with the Department of Human Resources; (11)(6) To employ and manage staff and consultants in order to fulfill its duties and responsibilities under this article; (12)(7) To establish, maintain, and administer a trauma center network to coordinate the best use of existing trauma facilities in this state and to direct patients to the best available facility for treatment of traumatic injury. No later than January 1, 2010, the commission shall establish a plan to divide the state into trauma regions. Such plan shall be designed to bring new trauma care providers to unserved trauma regions. Following establishment of the plan, the commission shall be authorized to issue one or more requests for proposals to provide trauma care services in unserved regions. In selecting proposals to provide trauma care services in unserved regions, the commission shall consider the quality of services and cost of services included in the proposals of the trauma care providers; (13)(8) To coordinate, assist, establish, maintain, and administer programs designed to educate the citizens of this state on trauma prevention; (14)(9) To coordinate and assist in the collection of data to evaluate the provision of trauma care services in this state; (15)(10) To study the provision of trauma care services in this state to determine the best practices and methods of providing such services, to determine what changes are needed to improve the provision of trauma care services, and to report any proposed legislative changes to the General Assembly each year; and (16)(11) To employ an executive director and other staff and to establish duties and responsibilities of such persons." SECTION 2. Said title is further amended by revising Code Section 31-11-103, relating to the Georgia Trauma Trust Fund, as follows: "31-11-103. (a) There is established the Georgia Trauma Trust Fund. The executive director of the Georgia Trauma Care Network Commission shall serve as the trustee of the Georgia Trauma Trust Fund. The moneys deposited into such fund pursuant to this article may be expended by the executive director with the approval of the Georgia Trauma Care Network Commission for those purposes specified in Code Section 31-11-102. (b)(1) As soon as practicable after the end of each fiscal year, the Office of Treasury and Fiscal Services shall report to the General Assembly, the Office of Planning and Budget, and the Georgia Trauma Care Network Commission the amount of funds received pursuant to Code Section 40-2-153 from the trauma charge on motor vehicle 3138 JOURNAL OF THE SENATE registrations. (2) It is the intent of the General Assembly that, subject to appropriation, an amount equal to such proceeds received in any fiscal year shall be made available during the following fiscal year to the Georgia Trauma Trust Fund for use of the Georgia Trauma Care Network Commission for the purposes set forth in Code Section 31-11102." SECTION 3. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by revising Code Section 40-2-23, relating to county tax collectors and tax commissioners designated tag agents, as follows: "40-2-23. (a) The tax collectors of the various counties of this state and the tax commissioners of those counties in which the duties of the tax collector are performed by a tax commissioner shall be designated as tag agents of the commissioner for the purpose of accepting applications for the registration of vehicles. The commissioner is authorized to promulgate rules and regulations for the purpose of delegating to such tag agents the custodial responsibility for properly receiving, processing, issuing, and storing motor vehicle titles or registrations, or both. (b) The state revenue commissioner is authorized to further designate each such tag agent as a sales tax agent for the purpose of collecting sales and use tax with respect to the casual sale or casual use of a motor vehicle. For purposes of this Code section, 'casual sale' or 'casual use' means the sale of a motor vehicle by a person who is not regularly or systematically engaged in making retail sales of motor vehicles and the first use, consumption, distribution, or storage for use or consumption of such motor vehicle purchased through a casual sale. As personal compensation for services rendered to the Department of Revenue with respect to the collection of such sales and use tax, each such designated tag agent shall be authorized to retain from such collection a fee of $200.00 per month. In any month in which an insufficient amount of such tax is collected to pay such fee, the amount of any such unpaid fee may be deferred until such month as sufficient collections are made. Such compensation shall be in addition to any other compensation to which such tax collector or tax commissioner is entitled. (c) The state revenue commissioner is authorized to further designate each such tag agent as a tax agent for the purpose of collecting the trauma charge required by Code Section 40-2-153. (c)(d) The duties and responsibilities of agents of the commissioner designated under this Code section shall be a part of the official duties and responsibilities of the county tax collectors and tax commissioners." SECTION 4. Said title is further amended by revising Code Section 40-2-29, relating to license fee to accompany application, as follows: MONDAY, MARCH 31, 2008 3139 "40-2-29. An application for registration shall be accompanied by check; cash; certified or cashiers check; bank, postal, or express money order; or other similar bankable paper, for the amount of the license fee and other fees or charges required by law. A money order receipt or other evidence of the purchase and remittance of such bankable paper for the proper amount, dated prior to any delinquency by the proper authority of the issuer, and showing the office of the commissioner or the office of the county tag agent as the payee and the owner of the vehicle sought to be licensed and registered as the remitter shall serve as a temporary permit to operate such vehicle for a period of 15 days from the date of such remittance." SECTION 5. Said title is further amended by revising Code Section 40-2-30, relating to purchase by mail, as follows: "40-2-30. An applicant may purchase a vehicle license plate or revalidation decal by mail, by mailing a properly completed application form to the tag agent of the county of his the applicants residence along with a money order in the amount of the license fee, all other fees or charges required by law, and all ad valorem taxes due thereon plus an additional fee of $1.00. The governing authority of the county may by resolution authorize the tag agent of the county to receive application and payment for the purchase of a license plate or revalidation decal by mail without charging the additional $1.00 fee." SECTION 6. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 40-2-33, relating to issuance of license plates, as follows: "(a)(1) Upon compliance with the provisions of this chapter and the payment of the license fee and other fees or charges required by law, the tag agent shall accept the application for registration and, except as otherwise provided for in this chapter, if the license plate or revalidation decal applied for is in such tag agents inventory, he or she shall issue the appropriate plate or revalidation decal." SECTION 7. Said title is further amended by revising Code Section 40-2-153, which is reserved, as follows: "40-2-153. There is imposed a trauma charge of $10.00 per year on each motor vehicle that is required to be licensed and registered with the department. Such trauma charge shall be collected in the same manner and at the same time as the license fee required by this chapter is collected and prior to the issuance of a license plate or revalidation decal for such motor vehicle. This Code section shall not apply to vehicles owned by the state or its departments, agencies, or authorities or by any political subdivision of the state. 3140 JOURNAL OF THE SENATE Such charge shall be remitted to the state treasury for the purpose of funding the Georgia Trauma Trust Fund." SECTION 8. (a)(1) Except as otherwise provided in this section, Sections 2 through 7 of this Act shall become effective on July 1, 2009; provided, however, that Sections 2 through 7 of this Act shall become effective on July 1, 2009, only if this Act is approved by the voters as provided in subsection (b) of this section. If this Act is not approved by the voters as provided in subsection (b) of this section, then Sections 2 through 7 of this Act shall not become effective and shall stand repealed in their entirety on January 1, 2009. (2) Sections 1, 8, and 9 of this Act shall become effective on July 1, 2008. (b) 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, 2008, state-wide general election. The Secretary of State shall issue the call and conduct that election as provided by general law. The Secretary of State shall cause the date and purpose of the election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the election. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved that provides for a $10.00 charge on motor vehicle registrations in this state for the purpose of appropriation for ( ) NO funding the Georgia Trauma Trust Fund?" 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 Sections 2 through 7 of this Act may become effective as provided in subsection (a) of this section; otherwise, Sections 2 through 7 of this Act shall not become effective. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. Senators Johnson of the 1st, Staton of the 18th, Adelman of the 42nd, Tarver of the 22nd, Thomas of the 2nd and others offered the following amendment #1: Amend the Senate Finance Committee substitute to HB 1158 by replacing "July" with "January" on lines 5 and 6 of page 9. On the adoption of the amendment, there were no objections, and the Johnson et al. amendment #1 to the committee substitute was adopted. MONDAY, MARCH 31, 2008 3141 On the adoption of the substitute, there were no objections, 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 Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson N Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen E Moody Y Mullis Y Murphy Y Orrock N Pearson Y Powell Y Ramsey Y Reed E Rogers Y Schaefer N Seabaugh Y Seay N Shafer,D C Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber N Wiles N Williams On the passage of the bill, the yeas were 43, nays 7. HB 1158, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 1466. By Representative Cole of the 125th: A BILL to be entitled an Act to amend an Act creating the board of 3142 JOURNAL OF THE SENATE commissioners of Jasper County, approved July 23, 1923 (Ga. L. 1923, p. 255), as amended, so as to consolidate the amendatory Acts into one Act and to modernize and update such Act; to provide for a quorum; to provide for meetings; to provide for a chairperson and a vice-chairperson of the board; to provide for a county manager; to provide for bonds; to provide for compensation for board members; to provide for work detail; to provide for procedures regarding the filling of vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1468. By Representative Cole of the 125th: A BILL to be entitled an Act to create the Monroe County Public Facilities 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 the issuance and sale of revenue bonds and other obligations and their negotiability, sale, and use of proceeds from such sales; to provide for conditions for issuance of such obligations; 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 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 1469. By Representative Powell of the 29th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Franklin Springs, approved April 13, 1992 (Ga. L. 1992, p. 6180), so as to restate and reenact such charter; to provide for duties of the mayor and city manager; to revise provisions of the charter to conform with certain changes in law; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1471. By Representatives Knight of the 126th, Maddox of the 127th and Cole of the 125th: A BILL to be entitled an Act to amend an Act creating the Joint Board of Elections and Registration of Lamar County, approved May 14, 2007 (Ga. L. 2007, p. 3520), so as to revise the composition of the board; to provide for the continuation in office of persons serving as members of the board on MONDAY, MARCH 31, 2008 3143 a certain date; to eliminate term limits; to revise certain provisions relating to municipal primaries and elections; to provide for a four-year term for the supervisor of elections; to provide provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1472. By Representatives Maddox of the 127th, Knight of the 126th and Cole of the 125th: A BILL to be entitled an Act to amend an Act creating the Lamar County Water and Sewer Authority, approved March 21, 1989 (Ga. L. 1989, p. 3942), so as to provide that one sitting member of the Lamar County Board of Commissioners may be appointed as a member of the Lamar County Water and Sewer Authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1473. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to authorize the City of Griffin 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 1474. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to authorize Spalding County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. HB 1475. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to provide a homestead exemption from Griffin-Spalding County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that school district who are 65-69 years of age or older after a two-year phase-in period; to provide a homestead exemption from Griffin-Spalding County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of 3144 JOURNAL OF THE SENATE the homestead for residents of that school district who are 70-74 years of age or older after a two-year phase-in period; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1477. 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), by an Act approved May 5, 2006 (Ga. L. 2006, p. 4216), and by an Act approved May 30, 2007 (Ga. L. 2007, p. 4367), so as to revise the manner of selection of the members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1478. By Representative Hatfield of the 177th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, so as to provide that teachers and employees employed by the board may address or speak to the board concerning matters involving the Ware County schools or school system during meetings of the board without seeking or obtaining the approval of any supervisors or the county school superintendent; to prohibit any form of retaliation against such teachers or employees for such activities; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1479. By Representative Hanner of the 148th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Terrell County approved April 13, 2004 (Ga. L. 2004, p. 3555), so as to increase the compensation for said board; to repeal conflicting laws; and for other purposes. HB 1480. By Representative Pruett of the 144th: A BILL to be entitled an Act to amend an Act creating the office of commissioner of Dodge County, approved August 19, 1912 (Ga. L. 1912, p. 367), as amended, particularly by an Act approved April 21, 1997 (Ga. L. 1997, p. 4417), as amended, so as to change the terms of office of the members of the board of commissioners and provide for staggered terms; to MONDAY, MARCH 31, 2008 3145 provide that the members of the board elected from commissioner districts shall be elected by a majority vote of the electors voting within their respective commissioner districts; to provide that the chairperson shall be elected by a majority vote of the electors of the entire county voting in an election for such office; to provide for related matters; to require submission of this Act pursuant to the Federal Voting Rights Act of 1965; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1483. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Gainesville; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of such boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such districts; to provide for debt of such districts including bonded indebtedness; to provide for cooperation with local governments; to provide for powers of such boards; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1484. By Representatives Mills of the 25th, Collins of the 27th, Rogers of the 26th and Benton of the 31st: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Hall County; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of such boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such districts; to provide for debt of such districts including bonded indebtedness; to provide for cooperation with local governments; to provide for powers of such boards; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1485. By Representative Houston of the 170th: A BILL to be entitled an Act to amend an Act establishing a new charter for the City of Nashville, approved March 17, 1978 (Ga. L. 1978, p. 4017), 3146 JOURNAL OF THE SENATE as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4430), so as to provide new terms of office for the mayor and members of the city council; to provide for related matters; to provide for a referendum; to provide for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1486. By Representative Jamieson of the 28th: A BILL to be entitled an Act to repeal an Act creating the Banks County Family Connection Commission, approved April 13, 2001 (Ga. L. 2001, p. 4134), as amended; to repeal conflicting laws; and for other purposes. HB 1487. By Representatives Lunsford of the 110th, Watson of the 91st, Mosby of the 90th, Starr of the 78th, Davis of the 109th and others: A BILL to be entitled an Act to amend an Act amending and restating an Act known as the "Henry County Development Authority Act," approved April 25, 2002 (Ga. L. 2002, p. 5046), so as to provide for an alternative procedure to compensate authority members; to repeal conflicting laws; and for other purposes. HB 1488. By Representative Drenner of the 86th: A BILL to be entitled an Act to authorize the City of Clarkston 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 Senators were excused for business outside the Senate Chamber: Hill of the 32nd Hudgens of the 47th Senator Williams of the 19th assumed the Chair. The Calendar was resumed. HB 1209. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Cole of the 125th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official MONDAY, MARCH 31, 2008 3147 Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that a local school system may enter into a contract with the State Board of Education for increased flexibility in exchange for increased accountability; to provide that a local school system can opt for the status quo; to provide for the development of a three-year strategic plan; to change certain provisions relating to waivers to improve student performance; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Johnson of the 1st. The Senate Education and Youth Committee offered the following substitute to HB 1209: 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 that a local school system may enter into a contract with the State Board of Education for increased flexibility; to provide for a local school system to remain under current requirements; to provide for public input; to provide for submission of a proposed contract; to provide for negotiations; to provide for a recommendation by the Office of Student Achievement; to provide for state board approval; to provide for contract requirements; to provide for accountability, flexibility, and consequences components of the contract; to provide for certain laws which may be waived; to provide for loss of governance consequences; to provide for duties of the Office of Student Achievement; to provide for exceptions for charter systems; to provide for rules, regulations, and guidelines; to change certain provisions relating to appointment of local school superintendents; to change certain provisions relating to waivers to improve student performance; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding a new Article 4, which is reserved, to read as follows: "ARTICLE 4 20-2-80. (a) A local school system may request increased flexibility from certain state laws, rules, and regulations in exchange for increased accountability and defined consequences through a contract with the State Board of Education. Such contract shall 3148 JOURNAL OF THE SENATE include a framework of accountability, flexibility, and consequences in accordance with this article. (b) A local school system may elect not to request increased flexibility in exchange for increased accountability and defined consequences and opt to remain under all current laws, rules, regulations, policies, and procedures, and such local school system shall: (1) Conduct a public hearing for the purpose of providing public notice that such local school system is opting for the status quo. The public hearing shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised; and (2) Sign a statement on a form provided by the state board that such local school system is opting for the status quo. 20-2-81. (a) Each local school system which elects to request increased flexibility shall clearly delineate in a proposed contract the following for measuring the improvement of the performance of its schools: (1) Current performance data, grade levels, and demographic data for each school within the school system; (2) Performance goals, including both improvement and achievement; and (3) Performance measures and benchmarks for evaluating improvement and achievement and monitoring progress toward yearly performance goals. (b) Prior to the submission of such contract to the state board for approval, a local board of education shall schedule and hold a public information meeting for the purpose of providing notice of the proposed contract to be submitted to the state board for approval. The public information meeting shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised. (c) The local school system shall submit the proposed contract to the department in accordance with time frames established by the department. 20-2-82. (a) The local school system and the department shall enter into negotiations on the appropriate terms of the contract, including the accountability, flexibility, and consequences components of the contract in accordance with Code Section 20-2-84, in consultation with the Office of Student Achievement. (b) The flexibility requested by a local school system pursuant to subsection (b) of Code Section 20-2-84 shall result in consequences in accordance with subsection (c) of Code Section 20-2-84 and Code Section 20-2-84.1 for noncompliance with the accountability requirements established pursuant to subsection (a) of Code Section 202-84. (c) The department, in consultation with the Office of Student Achievement, shall make a recommendation to the state board on whether the proposed terms of the MONDAY, MARCH 31, 2008 3149 contract should be approved by the state board. (d)(1) The state board shall have the authority to approve or deny approval of the proposed terms of the contract but shall give all due consideration to the recommendation and input from the Office of Student Achievement. (2) In the event that the state board denies approval of the proposed terms of the contract, the local board of education shall work with the department, in consultation with the Office of Student Achievement, for further revisions and resubmission to the state board. (e) The state board shall be authorized to approve a waiver or variance request of specifically identified state rules, regulations, policies, and procedures or provisions of this chapter upon request by a local school system in accordance with subsection (b) of Code Section 20-2-84. The goal for each waiver and variance shall be improvement of student performance. The state board shall not be authorized to waive or approve variances on any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title. A local school system that has received a waiver or variance shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request. 20-2-83. (a) Upon approval of a local school systems proposed contract, the state board shall enter into such contract with the local school system. (b) The terms of the contract shall include, but not be limited to, accountability, flexibility, and consequences components as negotiated pursuant to subsection (a) of Code Section 20-2-82 and in accordance with Code Section 20-2-84. (c) Each contract shall be for a term of five years. The terms of the contract may provide for automatic extension of such contract if a local school system has met its accountability requirements. (d) The terms of a contract may be amended during the term of the contract only if warranted due to unforeseen circumstances and upon approval of the state board and the local board of education. 20-2-84. (a) The accountability component of the contract provided in Code Section 20-2-83 shall include performance goals and measures in one or more of the following student achievement categories, including both total scores and any needed targeted subgroups: (1) High school graduation rates; (2) SAT or ACT performance; 3150 JOURNAL OF THE SENATE (3) State standardized test data, which may include criterion-referenced competency tests, the Georgia High School Graduation Test, end-of-course assessments, or a combination thereof; and (4) Advanced placement or international baccalaureate participation and performance. (b) The flexibility component of the contract provided in Code Section 20-2-83 shall include the waiver or variance of any one or more of the following areas as requested by the local school system and as approved by the state board: (1) Class size requirements in Code Section 20-2-182; (2) Expenditure controls in Code Section 20-2-171 and categorical allotment requirements in Article 6 of this chapter; (3) Certification requirements in Code Section 20-2-200; (4) Salary schedule requirements in Code Section 20-2-212; and (5) State curriculum requirements established pursuant to Code Sections 20-2-140, 20-2-142, 20-2-143, 20-2-144, and 20-2-145. (c) The consequences component of the contract provided in Code Section 20-2-83 shall include: (1) Interventions or sanctions for failure to meet identified levels of achievement or for not showing specified levels of progress pursuant to Code Section 20-14-41, which may be accelerated; and (2) Loss of governance of one or more nonperforming schools by the local school system in accordance with Code Section 20-2-84.1. Consequences shall be incurred upon noncompliance of a local school system with the accountability component of its contract; provided, however, that if a local school system has been in compliance with the accountability component of its contract for at least three consecutive years, consequences shall not be invoked upon the fifth year of the contract, and such school system may request an extension of its contract and corresponding flexibility from the state board. 20-2-84.1. (a) The State Board of Education shall, as provided for in the contract entered into with a local school system pursuant to Code Section 20-2-83, mandate the loss of governance of one or more of its nonperforming schools as a consequence of failure pursuant to paragraph (2) of subsection (c) of Code Section 20-2-84. Such loss of governance shall include one or more of the following: (1) Conversion of a school to charter status with independent school level governance and a governance board with strong parental involvement; (2) Operation of a school by a successful school system, as defined by the Office of Student Achievement, and pursuant to funding criteria established by the state board; (3) Operation of a school by a private entity, nonprofit or for profit, pursuant to a request for proposals issued by the department; or (4) Providing the parents of the students in a nonperforming school with a scholarship to attend another public or private school if they are accepted for MONDAY, MARCH 31, 2008 3151 enrollment in that school in an amount equal to the state portion of funds provided to the local school system on behalf of the student. (b) Loss of governance shall be invoked upon the fifth year of the contract if the school system is in noncompliance as set out in the terms of the contract. 20-2-84.2. (a) The Office of Student Achievement shall revise the single state-wide accountability system established pursuant to paragraph (1) of subsection (a) of Code Section 20-1426 for submission to the state board for approval to integrate the requirements of this article, to the greatest extent practicable, including, but not limited to, the loss of governance consequences provided for in Code Section 20-2-84.1. (b) The Office of Student Achievement shall monitor each local school systems progress toward meeting its performance goals in its contract and shall the notify the department if a local school system is not in compliance with its performance goals. The department shall provide support and guidance to school systems not meeting their yearly progress goals. 20-2-84.3. (a) No more than five local school systems in the first calendar year may enter into a contract with the State Board of Education pursuant to this article. (b) No later than June 30, 2013, each local school system shall either notify the department of its intention to request increased flexibility pursuant to this article or shall comply with subsection (b) of Code Section 20-2-80. 20-2-84.4. The department may offer other funding options for local school systems which choose to enter into a contract pursuant to this article and may also offer other funding options for charter systems. 20-2-84.5. Except as otherwise provided in Code Section 20-2-84.4, this article shall not apply to a local school system which has become a charter system pursuant to Code Section 20-22063.2 or which is in the process of applying to become a charter system. 20-2-84.6. The State Board of Education shall be authorized to establish rules, regulations, and guidelines to effect the implementation of this article." SECTION 2. Said chapter is further amended by revising Code Section 20-2-101, relating to appointment of local school superintendents, as follows: "20-2-101. (a) Superintendents of each school system shall be employed by the local board of 3152 JOURNAL OF THE SENATE education under written contracts for a term of not less than one year and not more than three years. Any provision of any such contract which provides for an extension of the duration of employment thereunder, whether automatic or contingent upon the occurrence of one or more events, shall be void if that extension would result in employment under the contract, as so extended, for a period which exceeds three years. Those provisions of any local Act which authorize employment contracts with a school superintendent which are of a duration which exceeds that authorized by this subsection, which local Act became effective before, at the time of, or after April 15, 1993, are repealed. Any contract entered into pursuant to the provisions of a local Act repealed by the terms of the preceding sentence of this subsection shall not be affected by such repeal for the duration of that contract as specified immediately before April 15, 1993, as long as that contract was valid at such time. (b) No person shall be eligible to be appointed or employed as superintendent of schools of any county or independent school system unless such person is of good moral character, has never been convicted of any crime involving moral turpitude, and possesses acceptable business or management experience as specified by the Professional Standards Commission or the minimum valid certificate or a letter of eligibility for said certificate required by the Professional Standards Commission. (c) Superintendents shall have such additional qualifications as may be prescribed by local law or policies of the local board for that school district, not inconsistent with the provisions of this chapter. (d) This Code section shall not apply to any elected school superintendent in office on January 1, 1993, during the term of office for which that person was elected. (e) At any time during the 12 months immediately preceding the expiration of an appointed or elected school superintendents contract or term of office, or when a vacancy in the office of school superintendent occurs, the local board may appoint and employ a successor in accordance with the above provisions of this Code section, notwithstanding that the terms of some or all of the board members will expire before the employment of the superintendent so appointed and employed begins. Where a local board of education decides to appoint and employ the incumbent elected superintendent of the school district as the superintendent for a term beginning during 1996 or thereafter, or to renew the contract of any appointed superintendent, the board shall not be required to comply with the notice and announcement provisions of subsection (d) of Code Section 20-2-211 or any local policy adopted pursuant thereto. (e) A local school superintendent may concurrently serve as a principal, teacher, or in another staff position as directed by the local board in its sole discretion and in accordance with the terms of the contract between the superintendent and the local board. A local school superintendent may also serve concurrently as superintendent of one or more local school systems in accordance with the terms of his or her respective contracts and upon approval by each affected local school system. (f) No substantive or procedural right regarding employment or termination of employment of a superintendent by a local school system shall be created by this Code section. Rather, the terms and conditions of employment of a school superintendent by MONDAY, MARCH 31, 2008 3153 a local school system shall be determined exclusively by the contract between those parties and may include, without being limited to, the conditions under and procedures by which that contract may be terminated prior to the end of the term of that contract." SECTION 3. Said chapter is further amended by revising Code Section 20-2-244, relating to waivers to improve student performance, as follows: "20-2-244. (a) The State Board of Education is authorized to waive specifically identified state rules, regulations, policies, and procedures, or provisions of this chapter, upon the request of a local school board and in accordance with this Code section. The goal for each waiver shall be improvement of student performance. (b) The State Board of Education is not authorized to waive any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title. A school or school system that has received a waiver shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request. (c) The provisions of this Code section shall not apply to charter schools. (d) The board shall require a written application for a waiver that shall include, as at a minimum: (1) Identification of the specific state rules, regulations, policies, and procedures, or provisions of this chapter that are requested for waiver; (2) A description of the policies and procedures the school or school system shall substitute for the waived state rules, regulations, policies, and procedures, or provisions; (3) A description of how the proposed waiver will improve student performance; (4) A description of the students who will be affected by the proposed waiver, including their estimated number, current performance, grade level, and any common demographic traits; (5) A list of schools by name that will be affected by the proposed waiver, and a description of each school, including current performance, grade levels, and demographic traits of the students of each such school; (6) Methods for collection of data, and for measuring and evaluating any change in student performance resulting from the proposed waiver; (7) The period of time for which the proposed waiver is requested and the proposed starting date; and (8) A resolution from the local school board approving the waiver request. (e) The State Board of Education may grant or deny a waiver request, or grant a waiver 3154 JOURNAL OF THE SENATE request subject to specified modifications in the waiver request. (f) A waiver may be granted in accordance with this Code section for any period of time not to exceed five years. The State Board of Education shall require reports regarding the effect of the waiver at least annually, and may require more frequent reports if necessary to monitor the effect of the waiver effectively. The State Board of Education shall report annually to the General Assembly regarding the waivers granted, the effect of each waiver, and any recommendations for legislative changes generated by successful waivers. (g) On and after July 1, 2008, the State Board of Education shall not authorize any waivers or variances pursuant to this Code section to any local school system for the following: (1) Class size requirements in Code Section 20-2-182; provided, however, that the state board shall be authorized to waive class sizes pursuant to this Code section in the event that a local school system can demonstrate a hardship pursuant to a waiver request; (2) Expenditure controls in Code Section 20-2-171 and categorical allotment requirements in Article 6 of this chapter; (3) Certification requirements in Code Section 20-2-200; (4) Salary schedule requirements in Code Section 20-2-212; and (5) State curriculum requirements established pursuant to Code Sections 20-2-140, 20-2-142, 20-2-143, 20-2-144, and 20-2-145. A local school system which has received a waiver or variance pursuant to this Code section prior to entering into a contract pursuant to Article 4 of this chapter shall be required to include such waiver or variance in such contract." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Tate of the 38th offered the following amendment #1: Amend the committee substitute to HB 1209 by inserting on page 2 line 26 the following language: Parent and teachers at the public information session shall be able to vote, by secret ballot, on the provisions contained in the proposed contract before the contract is submitted to the state board for approval. Senator Weber of the 40th offered the following amendment #1a: Amend amendment #1 to the committee substitute to HB1209 by on line 7 of amendment #1 by adding the following sentence after "approval.": "The vote shall not be binding on the local board." MONDAY, MARCH 31, 2008 3155 On the adoption of the amendment, the President asked for unanimous consent. Senator Harp of the 29th objected. On the adoption of the amendment, the yeas were 30, nays 4, and the Weber amendment #1a to the Tate amendment #1 to the committee substitute was adopted. On the adoption of the amendment, the yeas were 14, nays 24, and the Tate amendment #1 to the committee substitute as amended was lost. The Weber amendment #1a to the Tate amendment #1 to the committee substitute was moot. On the adoption of the substitute, there were no objections, 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 Y Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert N Davenport Y Douglas Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack E Hill,Judson N Hooks E Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D C Smith Y Staton 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 Wiles Williams (PRS) On the passage of the bill, the yeas were 30, nays 20. 3156 JOURNAL OF THE SENATE HB 1209, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Vincent Fort District 39 305 Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Appropriations Education and Youth Judiciary Reapportionment and Redistricting State Institutions and Property Urban Affairs The State Senate Atlanta, Georgia 30334 3/31/08 3:40 pm To: Secretary of Senate From: Vincent Fort It was my intent to vote no on final vote on HB 1209. Either my machine did not register my vote or I inadvertently failed to push my button. /s/ Vincent Fort The following Senators were excused for business outside the Senate Chamber: Unterman of the 45th Weber of the 40th HB 1273. By Representative Fleming of the 117th: A BILL to be entitled an Act to amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to income tax credits for businesses creating new jobs in less developed areas, so as to change the criteria for determination of what constitutes a less developed area; to change provisions relating to the number of new jobs created as a criterion for eligibility for credits; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Jackson of the 24th. The following Fiscal Note, as required by law, was read by the Secretary: MONDAY, MARCH 31, 2008 3157 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 March 5, 2008 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 1273 (LC 14 9821) Dear Chairman O'Neal: The Georgia State University Fiscal Research Center provided the following description of this bill and analysis of its fiscal impact: This legislation would amend the job tax credit legislation pertaining to jobs created in less developed areas. One part of the amendment would allow census block groups that have a poverty rate of 15 percent (as opposed to the current 20 percent), or that are adjacent to such census block groups, to be classified as less developed areas. It is estimated that currently 547 census block groups are eligible for the credit. It is estimated that allowing adjacent census block groups to be eligible would increase that by 175 census block groups. It is further estimated that there are 830 additional census block groups with a poverty rate between 15 percent and 20 percent. However, the area would still have to be approved for that designation by the commissioner of community affairs. It is not feasible to predict which of the expanded areas the commissioner would designate as less developed areas. Thus, it is not feasible to estimate the revenue cost from changing the eligibility requirements. The other provision of the legislation would reduce the number of new jobs that would have to be created from 5 to 2 in order to be eligible to receive a job tax credit. To 3158 JOURNAL OF THE SENATE estimate the revenue effect of this change, the ES 202 data from the Department of Labor was used to determine the number of establishments in the existing eligible census tracks that created 2, 3 and 4 new jobs between 2005 and 2006. The total number of such new jobs was 193. Multiplying this by the $3,500 tax credit yields an annual revenue loss of $675,500. The credit is allowed for each of five years. If this number of new jobs is created each year, then the annual revenue loss will increase each year until it reaches a steady amount in the fifth year of an estimated $3,377,500. It should be noted that not all of these eligible establishments are likely to apply for the job tax credit. Second, it is likely that some of these establishments will not retain these jobs. Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget The Senate Finance Committee offered the following substitute to HB 1273: A BILL TO BE ENTITLED AN ACT To amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to income tax credits for businesses creating new jobs in less developed areas, so as to change the criteria for determination of what constitutes a less developed area; to change provisions relating to the number of new jobs created as a criterion for eligibility for credits; 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. Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to income tax credits for businesses creating new jobs in less developed areas, is amended by revising paragraph (4) of subsection (c) and subsection (e) as follows: "(4) Any area comprised of two which is within or adjacent to one or more contiguous census block groups with a poverty rate of 20 15 percent or greater as determined from data in the most current United States decennial census, where the area is also included within a state enterprise zone pursuant to Chapter 88 of Title 36, or where a redevelopment plan has been adopted pursuant to Chapter 61 of Title 36, and which, in the opinion of the commissioner of community affairs, displays MONDAY, MARCH 31, 2008 3159 pervasive poverty, underdevelopment, general distress, and blight." "(e) Business enterprises in areas designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with years two through six after the creation of such job; provided, however, that where the amount of such credit exceeds a business enterprises liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $3,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by five or more in a less developed area shall be eligible for the credit; provided, however, that within areas of pervasive poverty as designated under paragraphs (2) and (4) of subsection (c) of this Code section businesses shall only have to increase employment by two or more jobs in order to be eligible for the credit, provided that, if a business only increases employment by two jobs, the persons hired for such jobs shall not be married to one another. The average wage of the new jobs created must be above the average wage of the county that has the lowest wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below five or two, as applicable. Any credit received for years prior to the year in which the net employment increase falls below five or two shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of five or two." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming 3160 JOURNAL OF THE SENATE law without such approval and shall apply with respect to taxable years beginning on or after January 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks E Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson E Unterman E Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 50, nays 1. HB 1273, having received the requisite constitutional majority, was passed by substitute. HB 1211. By Representatives Royal of the 171st, Roberts of the 154th, Keen of the 179th, Porter of the 143rd, Cole of the 125th and others: A BILL to be entitled an Act to amend Titles 48 and 36 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and local MONDAY, MARCH 31, 2008 3161 government, so as to provide for the special assessment of bona fide large forest land conservation use property; to provide for a short title; to change certain definitions regarding ad valorem taxation; to provide for valuation tables; to provide for procedures, conditions, and limitations; to repeal conflicting laws; and for other purposes. Senate Sponsor: Bulloch of the 11th. The Senate Finance Committee offered the following substitute to HB 1211: 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 special assessment of forest land conservation use property; to provide for a short title; to change certain definitions regarding ad valorem taxation; to provide for valuation tables; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of county tax commissioners and the state revenue commissioner with respect to the foregoing; to provide for local government assistance grants; to provide for related matters; to provide for a contingent effective date and 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: SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-5-2, relating to definitions regarding ad valorem taxation of property, by adding new paragraphs to read as follows: "(5) 'Forest land conservation value' of forest land conservation use property means the amount determined in accordance with the specifications and criteria provided for in Code Section 48-5-271 and Article VII, Section I, Paragraph III(f) of the Constitution. (6) 'Forest land fair market value' means the 2008 fair market value of the forest land. Such 2008 valuation may increase from one taxable year to the next by a rate equal to the percentage change in the price index for gross output of state and local government from the prior year to the current year as defined by the National Income and Product Accounts and determined by the United States Bureau of Economic Analysis and indicated by the Price Index for Government Consumption Expenditures and General Government Gross Output (Table 3.10.4)." SECTION 2. Said title is further amended by adding a new Code section to read as follows: 3162 JOURNAL OF THE SENATE "48-5-7.7. (a) This Code section shall be known and may be cited as the 'Georgia Forest Land Protection Act of 2008.' (b) As used in this Code section, the term: (1) 'Forest land conservation use property' means forest land each tract of which consists of more than 200 acres of tangible real property of an owner subject to the following qualifications: (A) Such property must be owned by an individual or individuals or by any entity registered to do business in this state; (B) Such property excludes the entire value of any residence located on the property; (C) Such property has as its primary use the good faith subsistence or commercial production of trees, timber, or other wood and wood fiber products from or on the land. Such property may, in addition, have one or more of the following secondary uses: (i) The promotion, preservation, or management of wildlife habitat; (ii) Carbon sequestration in accordance with the Georgia Carbon Sequestration Registry; (iii) Mitigation and conservation banking that results in restoration or conservation of wetlands and other natural resources; or (iv) The production and maintenance of ecosystem products and services such as, but not limited to, clean air and water. 'Forest land conservation use property' may include, but not be limited to, land that has been certified as environmentally sensitive property by the Department of Natural Resources or which is managed in accordance with a recognized sustainable forestry certification program such as the Sustainable Forestry Initiative, Forest Stewardship Council, American Tree Farm Program, or an equivalent sustainable forestry certification program approved by the Georgia Forestry Commission. (2) 'Qualified owner' means any individual or individuals or any entity registered to do business in this state. (3) 'Qualified property' means forest land conservation use property as defined in this subsection. (4) 'Qualifying purpose' means a use that meets the qualifications of subparagraph (C) of paragraph (1) of this subsection. (c) The following additional rules shall apply to the qualification of forest land conservation use property for conservation use assessment: (1) All contiguous forest land conservation use property of an owner within a county for which forest land conservation use assessment is sought under this Code section shall be in a single covenant; (2) When one-half or more of the area of a single tract of real property is used for the qualifying purpose, then the entirety of such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the portion of the tract that is not being used for a qualifying purpose; provided, however, that MONDAY, MARCH 31, 2008 3163 such other portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems or must be used for one or more secondary purposes specified in subparagraph (b)(1)(2) of this Code section. The lease of hunting rights or the use of the property for hunting purposes shall not constitute another type of business. The charging of admission for use of the property for fishing purposes shall not constitute another type of business. The production of pine straw shall not constitute another type of business; and (3) No otherwise qualified forest land conservation use property shall be denied conservation use assessment on the grounds that no soil map is available for the county in which such property is located; provided, however, that if no soil map is available for the county in which such property is located, the board of tax assessors shall use the current soil classification applicable to such property. (d) No property shall qualify for conservation use assessment under this Code section unless and until the qualified owner of such property agrees by covenant with the appropriate taxing authority to maintain the eligible property in forest land conservation use for a period of 15 years beginning on the first day of January of the year in which such property qualifies for such conservation use assessment and ending on the last day of December of the final year of the covenant period. After the qualified owner has applied for and has been allowed conservation use assessment provided for in this Code section, it shall not be necessary to make application thereafter for any year in which the covenant period is in effect and conservation use assessment shall continue to be allowed such qualified owner as specified in this Code section. At least 60 days prior to the expiration date of the covenant, the county board of tax assessors shall send by first-class mail written notification of such impending expiration. Upon the expiration of any covenant period, the property shall not qualify for further conservation use assessment under this Code section unless and until the qualified owner of the property has entered into a renewal covenant for an additional period of 15 years; provided, however, that the qualified owner may enter into a renewal contract in the fourteenth year of a covenant period so that the contract is continued without a lapse for an additional 15 years. (e) Subject to the limitations of paragraph (1) of subsection (c) of this Code section, a qualified owner shall be authorized to enter into more than one covenant under this Code section for forest land conservation use property. Any such qualified property may include a tract or tracts of land which are located in more than one county in which event the owner shall enter into a covenant with each county. (f) A qualified owner shall not be authorized to make application for and receive conservation use assessment under this Code section for any property which at the time of such application is receiving preferential assessment under Code Section 48-5-7.1 or current use assessment under Code Section 48-7-7.4; provided, however, that if any property is subject to a covenant under either of those Code sections, it may be changed from such covenant and placed under a covenant under this Code section if it is otherwise qualified. Any such change shall terminate the existing covenant and shall not constitute a breach thereof. No property may be changed more than once under this 3164 JOURNAL OF THE SENATE subsection. (g) Except as otherwise provided in this subsection, no property shall maintain its eligibility for conservation use assessment under this Code section unless a valid covenant remains in effect and unless the property is continuously devoted to forest land conservation use during the entire period of the covenant. (h) If any breach of a covenant occurs, the existing covenant shall be terminated and all qualification requirements must be met again before the property shall be eligible for conservation use assessment under this Code section. (i) If ownership of all or a part of the forest land conservation use property is acquired during a covenant period by another owner qualified to enter into an original forest land conservation use covenant, then the original covenant may be continued only by both such acquiring owner and the transferor for the remainder of the term, in which event no breach of the covenant shall be deemed to have occurred even if the total size of a tract from which the transfer was made is reduced below 200 acres. If a breach of the covenant occurs following such transfer by either such acquiring owner or the transferor, the penalty and interest shall apply to the entire tract which was the subject of the original covenant and shall be paid by either the acquiring owner or the transferor, whichever of whom breached the covenant. Following the expiration of such covenant, no new covenant shall be entered with respect to the tract from which the transfer was made unless such tract exceeds 200 acres. (j)(1) All applications for conservation use assessment under this Code section, including the covenant agreement required under this Code section, shall be filed on or before the last day for filing ad valorem tax returns in the county for the tax year for which such conservation use assessment is sought, except that in the case of property which is the subject of a reassessment by the board of tax assessors an application for conservation use assessment may be filed in conjunction with or in lieu of an appeal of the reassessment. An application for continuation of such conservation use assessment upon a change in ownership of all or a part of the qualified property shall be filed on or before the last date for filing tax returns in the year following the year in which the change in ownership occurred. Applications for conservation use assessment under this Code section shall be filed with the county board of tax assessors who shall approve or deny the application. The county board of tax assessors shall file a copy of the approved application in the office of the clerk of the superior court in the county in which the eligible property is located. The clerk of the superior court shall file and index such application in the real property records maintained in the clerks office. If the application is not so recorded in the real property records, a transferee of the property affected shall not be bound by the covenant or subject to any penalty for its breach. The fee of the clerk of the superior court for recording such applications shall be paid by the qualified owner of the eligible property with the application for conservation use assessment under this Code section and shall be paid to the clerk by the board of tax assessors when the application is filed with the clerk. If the application is denied, the board of tax assessors shall notify the applicant in the same manner that notices of assessment are MONDAY, MARCH 31, 2008 3165 given pursuant to Code Section 48-5-306 and shall return any filing fees advanced by the owner. Appeals from the denial of an application by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (2) In the event such application is approved, the qualified owner shall continue to receive annual notification of any change in the forest land fair market value of such property and any appeals with respect to such valuation shall be made in the same manner as other property tax appeals are made pursuant to Code Section 48-5-311. (k) The commissioner shall by regulation provide uniform application and covenant forms to be used in making application for conservation use assessment under this Code section. (l) In the case of an alleged breach of the covenant, the qualified owner shall be notified in writing by the board of tax assessors. The qualified owner shall have a period of 30 days from the date of such notice to cease and desist the activity alleged in the notice to be in breach of the covenant or to remediate or correct the condition or conditions alleged in the notice to be in breach of the covenant. Following a physical inspection of property, the board of tax assessors shall notify the qualified owner that such activity or activities have or have not properly ceased or that the condition or conditions have or have not been remediated or corrected. The qualified owner shall be entitled to appeal the decision of the board of tax assessors and file an appeal disputing the findings of the board of tax assessors. Such appeal shall be conducted in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (m)(1) A penalty shall be imposed under this subsection if during the period of the covenant entered into by a qualified owner the covenant is breached. (2) The penalty shall be applicable to the entire tract which is the subject of the covenant and: (A) If breached during years one through five, shall for each covenant year beginning with year one be three times the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the covenant period; (B) If breached during years six through ten, shall for each covenant year beginning with year one be 2.5 times the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each year or partially completed year of the covenant period; and (C) If breached during years 11 through 15, shall for each covenant year beginning with year one be twice the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed year or partially completed year of the covenant period. (3) Any such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached. 3166 JOURNAL OF THE SENATE (n) In any case of a breach of the covenant where a penalty under subsection (m) of this Code section is imposed, an amount equal to the amount of reimbursement to each county, municipality, and board of education in each year of the covenant shall be collected under subsection (o) of this Code section and paid over to the commissioner who shall deposit such amount in the general fund. (o) Penalties and interest imposed under this Code section shall constitute a lien against the property and shall be collected in the same manner as unpaid ad valorem taxes are collected. Except as provided in subsection (n) of this Code section, such penalties and interest shall be distributed pro rata to each taxing jurisdiction wherein conservation use assessment under this Code section has been granted based upon the total amount by which such conservation use assessment has reduced taxes for each such taxing jurisdiction on the property in question as provided in this Code section. (p) The penalty imposed by subsection (m) of this Code section shall not apply in any case where a covenant is breached solely as a result of: (1) The acquisition of part or all of the property under the power of eminent domain; (2) The sale of part or all of the property to a public or private entity which would have had the authority to acquire the property under the power of eminent domain; or (3) The death of an individual qualified owner who was a party to the covenant. (q) The following shall not constitute a breach of a covenant: (1) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if the primary use of the property continues to be the good faith production from or on the land of timber; (2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any forestry conservation program, for purposes of any federal agricultural assistance program, or for other agricultural management purposes; (3) Allowing all or part of the property subject to the covenant to lie fallow or idle due to economic or financial hardship if the qualified owner notifies the board of tax assessors on or before the last day for filing a tax return in the county where the land lying fallow or idle is located and if such qualified owner does not allow the land to lie fallow or idle for more than two years of any five-year period; (4)(A) Any property which is subject to a covenant for forest land conservation use being transferred to a place of religious worship or burial or an institution of purely public charity if such place or institution is qualified to receive the exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41. No qualified owner shall be entitled to transfer more than 25 acres of such persons property in the aggregate under this paragraph. (B) Any property transferred under subparagraph (A) of this paragraph shall not be used by the transferee for any purpose other than for a purpose which would entitle such property to the applicable exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41 or subsequently transferred until the expiration of the term of the covenant period. Any such use or transfer shall constitute a breach of the covenant; or MONDAY, MARCH 31, 2008 3167 (5) Leasing a portion of the property subject to the covenant, but in no event more than six acres of every unit of 2,000 acres, for the purpose of placing thereon a cellular telephone transmission tower. Any such portion of such property shall cease to be subject to the covenant as of the date of execution of such lease and shall be subject to ad valorem taxation at fair market value. (r) In the following cases, the penalty specified by subsection (m) of this Code section shall not apply and the penalty imposed shall be the amount by which conservation use assessment has reduced taxes otherwise due for the year in which the covenant is breached, such penalty to bear interest at the rate specified in Code Section 48-2-40 from the date of the breach: (1) Any case in which a covenant is breached solely as a result of the foreclosure of a deed to secure debt or the property is conveyed to the lienholder without compensation and in lieu of foreclosure, if: (A) The deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed to secure debt received consideration equal in value to the principal amount of the debt secured by the deed to secure debt; (B) The loan was made by a person or financial institution who or which is regularly engaged in the business of making loans; and (C) The deed to secure debt was intended by the parties as security for the loan and was not intended for the purpose of carrying out a transfer which would otherwise be subject to the penalty specified by subsection (m) of this Code section; (2) Any case in which a covenant is breached solely as a result of a medically demonstrable illness or disability which renders the qualified owner of the real property physically unable to continue the property in the qualifying use, provided that the board of tax assessors shall require satisfactory evidence which clearly demonstrates that the breach is the result of a medically demonstrable illness or disability; (3) Any case in which a covenant is breached solely as a result of a qualified owner electing to discontinue the property in its qualifying use, provided such qualified owner has renewed without an intervening lapse at least once the covenant for land conservation use, has reached the age of 65 or older, and has kept the property in the qualifying use under the renewal covenant for at least three years. Such election shall be in writing and shall not become effective until filed with the county board of tax assessors; or (4) Any case in which a covenant is breached solely as a result of a qualified owner electing to discontinue the property in its qualifying use, provided such qualified owner entered into the covenant for forest land conservation use for the first time after reaching the age of 67 and has either owned the property for at least 15 years or inherited the property and has kept the property in the qualifying use under the covenant for at least three years. Such election shall be in writing and shall not become effective until filed with the county board of tax assessors. (s) Property which is subject to forest land conservation use assessment under this 3168 JOURNAL OF THE SENATE Code section shall be separately classified from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to conservation use assessment under this Code section. Covenants shall be public records and shall be indexed and maintained in such manner as will allow members of the public to locate readily the covenant affecting any particular property subject to conservation use assessment under this Code section. Based on information submitted by the county boards of tax assessors, the commissioner shall maintain a central registry of conservation use property, indexed by qualified owners. (t) The commissioner shall annually submit a report to the Governor, the Department of Agriculture, the Georgia Agricultural Statistical Service, the Georgia Forestry Commission, the Department of Natural Resources, and the University of Georgia Cooperative Extension Service and the House Ways and Means, Natural Resources and Environment, and Agriculture and Consumer Affairs committees and the Senate Finance, Natural Resources and Environment, and Agriculture and Consumer Affairs committees and shall make such report available to other members of the General Assembly, which report shall show the fiscal impact of the assessments provided for in this Code section. The report shall include the amount of assessed value eliminated from each countys digest as a result of such assessments; approximate tax dollar losses, by county, to all local governments affected by such assessments; and any recommendations regarding state and local administration of this Code section, with emphasis upon enforcement problems, if any, attendant with this Code section. The report shall also include any other data or facts which the commissioner deems relevant. (u) A public notice containing a brief, factual summary of the provisions of this Code section shall be posted in a prominent location readily viewable by the public in the office of the board of tax assessors and in the office of the tax commissioner of each county in this state. (v) At such time as the property ceases to be eligible for forest land conservation use assessment or when any 15 year covenant period expires and the property does not qualify for further forest land conservation use assessment, the qualified owner of the property shall file an application for release of forest land conservation use treatment with the county board of tax assessors who shall approve the release upon verification that all taxes and penalties with respect to the property have been satisfied. After the application for release has been approved by the board of tax assessors, the board shall file the release in the office of the clerk of the superior court in the county in which the original covenant was filed. The clerk of the superior court shall file and index such release in the real property records maintained in the clerks office. No fee shall be paid to the clerk of the superior court for recording such release. The commissioner shall by regulation provide uniform release forms. (w) The commissioner shall have the power to make and publish reasonable rules and regulations for the implementation and enforcement of this Code section. Without limiting the commissioners authority with respect to any other such matters, the commissioner may prescribe soil maps and other appropriate sources of information for MONDAY, MARCH 31, 2008 3169 documenting eligibility as a forest land conservation use property. The commissioner also may provide that advance notice be given to a qualified owner of the intent of a board of tax assessors to deem a change in use as a breach of a covenant." SECTION 3. Said title is further amended by adding a new Code section to read as follows: "48-5-271. (a) The commissioner shall promulgate and county tax officials shall follow uniform rules and regulations establishing a table of values for the conservation use value of forest land conservation use property. Such values shall be the same as provided for forest land values under Code Section 48-5-269. (b) In no event may the forest land conservation use value of any forest land conservation use property in the table of values established by the commissioner under this Code section for the taxable year beginning January 1, 2010, or any subsequent taxable year increase or decrease by more than 3 percent from its forest land conservation use value as set forth in the table of values established by the commissioner under this Code section. The limitations imposed by this subsection shall apply to the total value of all the forest land conservation use property that is the subject of an individual covenant." SECTION 4. Said title is further amended by adding a new chapter to read as follows: "CHAPTER 5A 48-5A-1. As used in this chapter, the term: (1) 'Applicable rollback' means a: (A) Rollback of an ad valorem tax millage rate pursuant to subsection (a) of Code Section 48-8-91 in a county or municipality that levies a local option sales tax; (B) Rollback of an ad valorem tax millage rate pursuant to subparagraph (c)(2)(C) of Code Section 48-8-104 in a county or municipality that levies a homestead option sales tax; (C) Subtraction from an ad valorem millage rate pursuant to Code Section 20-2-334 in a local school system that receives a state school tax credit; (D) Reduction of an ad valorem tax millage rate pursuant to the development of a service delivery strategy under Code Section 36-70-24; and (E) Reduction of an ad valorem tax millage rate pursuant to paragraph (2) of subsection (a) of Code Section 33-8-8.3 in a county that collects insurance premium tax. (2) 'County millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied by a county for county purposes and applying to forest land conservation use properties in the county, including any millage levied for those 3170 JOURNAL OF THE SENATE special districts reported on the 2004 ad valorem tax digest certified to and received by the state revenue commissioner on or before December 31, 2004, but not including any millage levied for purposes of bonded indebtedness and not including any millage levied on behalf of a county school district for educational purposes. (3) 'Fiscal authority' means the individual authorized to collect ad valorem taxes for a county or municipality which levies ad valorem taxes. (4) 'Forest land conservation use property' means a forest land conservation use property qualified for special assessment and taxation under Code Section 48-5-7.7 and Article VII, Section I, Paragraph III(f) of the Constitution. (5) 'Forest land conservation use value' means the same as such term is defined in paragraph (5) of Code Section 48-5-2 and shall not include the value of standing timber on such property. (6) 'Forest land fair market value' means the same as such term is defined in paragraph (6) of Code Section 48-5-2. (7) 'Municipal millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied by a municipality for municipal purposes and applying to forest land conservation use properties in the municipality, including any millage levied for those special tax districts reported on the 2004 City and Independent School Millage Rate Certification certified to and received by the state revenue commissioner on or before December 31, 2004, but not including any millage levied for purposes of bonded indebtedness and not including any millage levied on behalf of an independent school district for educational purposes. (8) 'School millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied on behalf of a county or independent school district for educational purposes and applying to forest land conservation use properties in the county or independent school district, not including any millage levied for purposes of bonded indebtedness and not including any millage levied for county or municipal purposes. (9) 'State millage rate' means the state millage levy. 48-5A-2. In each year the General Assembly shall appropriate to the Department of Revenue funds for forest land conservation use assistance grants to counties, municipalities, and county or independent school districts pursuant to Article VII, Section I, Paragraph III(f) of the Constitution. The General Appropriations Act shall specify the amount appropriated subject to the limitations of this chapter. 48-5A-3. (a) Pursuant to the appropriation of funds as provided in Code Section 48-5A-2, such grants shall be allotted to each county, municipality, and county or independent school district in the state as provided in this Code section. (b) The revenue reduction to each county, municipality, and county or independent school district shall be calculated by subtracting the aggregate forest land conservation MONDAY, MARCH 31, 2008 3171 use value of qualified properties from the aggregate forest land fair market value of qualified properties for the applicable tax year and the resulting amount shall be multiplied by the millage rate of the county, municipality, or county or independent school district. (c)(1)(A) Immediately following the actual preparation of ad valorem property tax bills, each county fiscal authority shall notify the Department of Revenue of the amount of the reduction pursuant to the implementation of Article VII, Section I, Paragraph III(f). (B) If the forest land conservation use property is located in a county where forest land conservation use value causes an ad valorem tax revenue reduction of 3 percent or less pursuant to Article VII, Section I, Paragraph III(f), in each taxable year in which such reduction occurs, the assistance grant to the county shall be in an amount equal to 50 percent of the amount of such reduction. (C) If the forest land conservation use property is located in a county where forest land conservation use value causes an ad valorem tax revenue reduction of more than 3 percent pursuant to Article VII, Section I, Paragraph III(f), in each taxable year in which such reduction occurs, the assistance grants to the county shall be as follows: (i) For the first 3 percent of such reduction amount, in an amount equal to 50 percent of the amount of such reduction; and (ii) For the remainder of such reduction amount, in an amount equal to 100 percent of the amount of such remaining reduction amount. (2)(A) Immediately following the actual preparation of ad valorem property tax bills, each county or independent school districts fiscal authority shall notify the Department of Revenue of the amount of the reduction pursuant to the implementation of Article VII, Section I, Paragraph III(f). (B) If the forest land conservation use property is located in a county or independent school district where forest land conservation use value causes an ad valorem tax revenue reduction of 3 percent or less pursuant to Article VII, Section I, Paragraph III(f), in each taxable year in which such reduction occurs, the assistance grant to the county or independent school district shall be in an amount equal to 50 percent of the amount of such reduction. (C) If the forest land conservation use property is located in a county or independent school district where forest land conservation use value causes an ad valorem tax revenue reduction of more than 3 percent pursuant to Article VII, Section I, Paragraph III(f), in each taxable year in which such reduction occurs, the assistance grant to the county or independent school district shall be as follows: (i) For the first 3 percent of such reduction amount, in an amount equal to 50 percent of the amount of such reduction; and (ii) For the remainder of such reduction amount, in an amount equal to 100 percent of the amount of such remaining reduction amount. (3)(A) Immediately following the actual preparation of ad valorem property tax bills, each municipalitys fiscal authority shall notify the Department of Revenue of 3172 JOURNAL OF THE SENATE the amount of the reduction pursuant Article VII, Section I, Paragraph III(f). (B) If the forest land conservation use property is located in a municipality where forest land conservation use value causes an ad valorem tax revenue reduction of 3 percent or less to Article VII, Section I, Paragraph III(f), in each taxable year in which such reduction occurs, the assistance grant to the municipality shall be in an amount equal to 50 percent of the amount of such reduction. (C) If the forest land conservation use property is located in a municipality where forest land conservation use value causes an ad valorem tax revenue reduction of more than 3 percent pursuant to Article VII, Section I, Paragraph III(f), in each taxable year in which such reduction occurs, the assistance grant to the municipality shall be as follows: (i) For the first 3 percent of such reduction amount, in an amount equal to 50 percent of the amount of such reduction; and (ii) For the remainder of such reduction amount, in an amount equal to 100 percent of the amount of such remaining reduction amount. 48-5A-4. The state revenue commissioner shall administer this chapter and shall adopt rules and regulations for the administration of this chapter, including specific instructions to local governments procedures." SECTION 5. This Act shall become effective on January 1, 2009, and shall be applicable to all taxable years beginning on or after January 1, 2009; provided, however, that this Act shall only become effective on January 1, 2009, upon the ratification of a resolution at the November, 2008, state-wide general election, which resolution amends the Constitution so as to provide for the special assessment and taxation of forest land conservation use property and for local government assistance grants. If such resolution is not so ratified, this Act shall not become effective and shall stand repealed in its entirety on January 1, 2009. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senator Tolleson of the 20th asked unanimous consent that he be excused from voting on HB 1211 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Tolleson was excused. Senator Harp of the 29th asked unanimous consent that he be excused from voting on HB 1211 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Harp was excused. On the adoption of the substitute, there were no objections, and the committee substitute MONDAY, MARCH 31, 2008 3173 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks E Hudgens Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S E Tolleson E Unterman E Weber Y Wiles Y Williams (PRS) On the passage of the bill, the yeas were 47, nays 1. HB 1211, having received the requisite constitutional majority, was passed by substitute. The following communications were received by the Secretary: Senator David Shafer District 48 421 State Capitol Atlanta, GA 30334 Committees: Regulated Industries and Utilities Insurance and Labor Finance Banking and Financial Institutions Reapportionment and Redistricting Health and Human Services Rules Science and Technology 3174 JOURNAL OF THE SENATE March 31, 2008 The State Senate Atlanta, Georgia 30334 Dear Mr. Secretary, I was away from the floor tending to other official business when the vote was called on House Bill 1211. I would have voted for the bill. Respectfully submitted, /s/ David Shafer State Senator, District 48 Senator Bill Jackson District 24 319-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Economic Development Natural Resources and the Environment Public Safety Transportation March 31, 2008 The State Senate Atlanta, Georgia 30334 Secretary of the Senate Dear Bob: Please use this letter as evidence of my desire to support HB 1211. I was caught off the floor with constituent business. Please, for the record, list me as supportive. Sincerely, /s/ Bill Jackson The following Senators were excused for business outside the Senate Chamber: Chance of the 16th Hill of the 4th The President resumed the Chair. The Calendar was resumed. MONDAY, MARCH 31, 2008 3175 HB 1189. By Representatives Sheldon of the 105th, Smith of the 129th, Mills of the 25th and Shaw of the 176th: A BILL to be entitled an Act to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner to file a report on progress made on the State-wide Strategic Transportation Plan; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. The Senate Transportation Committee offered the following substitute to HB 1189: A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner to file a report on progress made and a final version of the State-wide Strategic Transportation 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. Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, is amended by adding a new Code section to read as follows: "32-2-41.1. (a) On or before September 1, 2008, the commissioner shall prepare a report for the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Senate Transportation Committee and the House Committee on Transportation, respectively, detailing the progress the department has made on preparing a State-wide Strategic Transportation Plan. The commissioner shall deliver a draft of the plan for comments and suggestions by members of the General Assembly and the Governor on or before January 1, 2009. Comments and suggestions by the General Assembly and the Governor shall be submitted to the commissioner no later than February 15, 2009. This plan shall include a list of projects realistically expected to begin construction within the next five years, the cost of such projects, and the source of funds for such projects. The plan shall also detail how the listed projects will help to mitigate congestion, improve air quality, improve public safety, increase mobility, and encourage economic development. The final version of the State-wide Strategic Transportation Plan shall be completed by June 30, 2009, and shall be delivered to the Governor, the Lieutenant Governor, the Speaker of the House of 3176 JOURNAL OF THE SENATE Representatives, and the chairpersons of the Senate Transportation Committee and the House Committee on Transportation on or before that date. An updated version of the State-wide Strategic Transportation Plan shall be prepared and delivered annually thereafter. (b) The report and plan prepared under subsection (a) of this Code section shall also be published on the website of the department." 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, there were no objections, 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 Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks E Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson E Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. MONDAY, MARCH 31, 2008 3177 HB 1189, having received the requisite constitutional majority, was passed by substitute. HB 1100. By Representatives Stephens of the 164th, Parrish of the 156th, Shaw of the 176th, Channell of the 116th and Lewis of the 15th: 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 revise and change the income tax credit with respect to qualified film, video, or digital productions; 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 Goggans of the 7th. 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 27, 2008 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 1100 (LC 18 6996) Dear Chairman O'Neal: The Georgia State University Fiscal Research Center provided the following description of this bill and analysis of its fiscal impact: 3178 JOURNAL OF THE SENATE The proposed bill amends Code Section 48-7-40.26 and proposes an amended tax credit for film, video, or digital production in Georgia. This bill eliminates the differential credit for Tier 1 and 2 counties, and increases the base credit from 9 percent of base investment and an additional 3 percent for Georgia labor to a flat 20 percent credit of the base investment for all qualified expenses. An additional credit of up to 10 percent of base investment is added if the qualified production activity includes a qualified Georgia promotion. The threshold for eligibility is reduced from $500,000 of base investment to $250,000 of base investment. The revenue implications of this credit are difficult to determine due to the uncertainty of actual film and other budgets as well a lack of data on how credits actually affect location of productions. It is also made difficult by the additional 10 percent credit. Using a Georgia promotion in a production could increase Georgia's exposure and thereby increase tourism and other economic activity. However, there are no reliable estimates available that allow estimation of this potential offsetting revenue impact. In addition, the revenue estimate for this bill should be relative to the existing legislation that includes the Tier 1 and 2 distinctions. However, the Fiscal Research Center does not have specific information on the distribution of productions by tier, so the revenue impact is analyzed relative to a non-tier 1 or 2 location. Therefore, to estimate the revenue implications of the bill, the first estimate is the revenue impact of the baseline (current law) credit and then the revenue impact of the new credit is estimated. Two types of estimates are provided: static and behavioral. The static estimate considers only the value of the credits provided. The behavioral estimate accounts for increases in tax revenue due to the increase in activity resulting from the credit. In the behavioral estimate, results are presented from two models as discussed below. In all cases, the number of productions is assumed to remain constant. This is a conservative assumption and representatives of the industry and the Department of Economic Development believe that there will be an increase in the number of productions associated with an increase in the credit. Hard numbers on this impact simply do not exist. These revenue estimates are relative to the current law and so the static and dynamic revenue change (from the base static or dynamic impact) is similar. The revenue cost is approximately $10 million dollars for the 20% credit. If all productions took the additional 10 percent credit, the total revenue cost could double (or more), depending on the size of the production. Table 1 summarizes the estimates of the impact of the current law credit, the proposed credit, and the change in the value of the credit under alternative assumptions. If the increased credit induced more film production in the state, then according to the model estimates, there would be additional revenue loss. There are very few data from which to develop a reasonable revenue estimate of this bill. The Georgia Department of Economic Development provided a "representative" MONDAY, MARCH 31, 2008 3179 production budget for a low-budget film ($11.8 million budget, which is a revised version of the same budget used to analyze the original film credit of 2005) and one budget (not classified as representative) for one movie of the week ($4.4 million budget). Additional budgets were provided, but these were presented in specific accounting detail and not broken down into expenditures in Georgia and outside of Georgia. The analysis used to develop this fiscal note assumes that these budgets are truly representative and represent the "average" budget for production companies. Note that if the representative budgets are not the average for the industry, these impacts may be overstated or understated based on the composition of actual budgets. In all cases, the IMPLAN model is used to estimate the non-static effects. IMPLAN is one of two standard models to estimate the economic impact of expenditures. All Georgia expenditures are added to the model in the appropriate expenditure category. Non-resident labor expenditures are treated as follows. For both above the line and below the line non-resident labor expenditures, the assumption is that 10 percent of those expenditures would be spent in Georgia for items such as entertainment and restaurant meals. This 10 percent is based on data from the Bureau of Labor Statistics Consumer Expenditure Survey. 10 percent is a somewhat generous estimate of discretionary expenditures. Also included is an income tax payment on non-resident labor expenditures. To show some sensitivity analysis, the analysis of this bill is done using the standard multiplier of 2.0 and a multiplier of 2.5, which is a large multiplier by the standards of the model. Table 1 has three main sections--the "Base Credit" provides estimates that are reported static and dynamic (using a 2.0 and 2.5 multiplier) for films, commercials, and videos. The second bank of rows "20% Credit" provides the estimates under the bill, using all of the same assumptions regarding budgets and the same IMPLAN model. The final bank of rows "Revenue Impact of Change in Credit" provides the net revenue impact of moving from the current law credit (9 and 12 percent) to the proposed credit (20 percent) assuming non-tier 1 and 2 production. The static impacts (column 7 of the table) report only the cost of the credit, using the available representative budgets. It is expected that the infusion of productions will increase economic activity through standard behavioral response channels--local hires will increase the income and sales tax base and spending by the companies will increase the state and local tax base as well. This analysis was developed using the IMPLAN model. The revenue impacts considering these behavioral impacts are provided in the last column in the table below. The net revenue impact to the state is determined from the last column in the table below. As seen in Table 1, under both versions of the model (2.0 and 2.5 multiplier), the increased credit leads to a revenue loss in all cases. 3180 JOURNAL OF THE SENATE Table 1: Estimated revenue impact of change in credit to 20 percent Type of Production Feature film/movie Feature film/movie Commercial Commercial Video Video Model Base Investment Credit Ga Labor Credit Total Credit BASE CREDIT Base case:2.0 $359,000 $253,000 $612,000 High: 2.5Base case: 2.0 High: 2.5 Base case: 2.0 High: 2.5 $359,000 $26,300 $26,300 $31,020 $31,020 $253,000 $9,500 $9,500 $13,245 $13,245 $612,000 $35,800 $35,800 $44,265 $44,265 Number of Eligible Productions Static Revenue Impact 16 -$9,792,000 16 -$9,792,000 2 -$71,600 2 -$71,600 4 -$177,060 4 -$177,060 Net Revenue Impact with Behavioral Assumptions $784,000 $3,328,000 -$24,714 -$13,470 -$100,736 -$82,416 Type of Production Feature film/movie Feature Film/movie Commercial Commercial Video Video Feature film/movie Feature film/movie Commercial Commercial Video Video Model Base Investme nt Credit Ga Labor Credit Total Credit 20% CREDIT Number of Eligible Productions Static Revenue Impact Base case: 2.0 $798,000 $421,000 $1,219,000 16 -$19,504,000 High: 2.5 Base case: 2.0 High: 2.5 Base case: 2.0 High:2.5 $798,000 $421,000 $1,219,000 16 $58,381 $15,831 $74,212 2 $58,381 $15,831 $74,212 2 $68,937 $22,075 $91,012 4 $68,937 $22,075 $91,012 4 REVENUE IMPACT OF CHANGE IN CREDIT -$19,504,000 -$148,424 -$148,424 -$364,048 -$364,048 Base case: 2.0 $439,000 $168,000 $607,000 16 -$9,712,000 High: 2.5 $439,000 $168,000 $607,000 16 Base case: 2.0 $32,081 $6,331 $38,412 2 High: 2.5 $32,081 $6,331 $38,412 2 Base case: 2.0 $37,917 $8,830 $46,747 4 High: 2.5 $37,917 $8,830 $46,747 4 Sincerely, -$9,712,000 -$76,824 -$76,824 -$186,988 -$186,988 /s/ Russell W. Hinton State Auditor Net Revenue Impact with Behavioral Assumptions -$8,928,000 -$6,384,000 -$101,614 -$90,370 -$287,720 -$269,400 -$9,712,000 -$9,712,000 -$76,900 -$76,900 -$186,984 -$186,984 MONDAY, MARCH 31, 2008 3181 /s/ Trey Childress, 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 Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Hawkins Y Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks E Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson E Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 1. HB 1100, having received the requisite constitutional majority, was passed. Senator Johnson of the 1st was excused for business outside the Senate Chamber. HB 68. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to applicability of the Coastal Marshlands Protection Act, so as to provide an exemption for a single private dock built by the owners of two or three adjoining lots; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Williams of the 19th. 3182 JOURNAL OF THE SENATE The Senate Natural Resources and the Environment Committee offered the following substitute to HB 68: A BILL TO BE ENTITLED AN ACT To amend Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to applicability of the Coastal Marshlands Protection Act, so as to provide an exemption for a single private dock built by the owners of certain adjoining lots; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to applicability of the Coastal Marshlands Protection Act, is amended by striking the word "or" at the end of paragraph (7) and by adding immediately following paragraph (7) a new paragraph as follows: "(7.1) The building of a single private dock by the owners of up to four adjoining lots, each of which is riparian and would qualify for an exemption as provided in paragraph (7) of this Code section, for the exclusive noncommercial use of such owners or their invitees and constructed as a single walkway on pilings above the marsh grass not obstructing tidal flow and in a size to be determined by the department taking into consideration the number of adjoining lots utilizing the dock; provided, however, that the exemption provided by this paragraph shall apply only if each of the owners of such adjoining lots has entered into a binding covenant that runs with the land, in favor of the state, which covenant prohibits the building of any future private dock on his or her lot unless the dock exempted pursuant to this paragraph is removed or converted to a single-family private dock which would qualify for an exemption as provided in paragraph (7) of this Code section. The granting of the exemption provided by this paragraph shall be the states consideration for the covenant of each such lot owner; or" SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senators Chapman of the 3rd, Unterman of the 45th, Harp of the 29th, Meyer von Bremen of the 12th, Brown of the 26th and others offered the following amendment #1: Amend the LC 25 5271S substitute to HB 68 by revising lines 1 thru 3 of page 1 as follows: To amend Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to regulate coastal construction; to provide an effective date and applicability; to repeal MONDAY, MARCH 31, 2008 3183 conflicting laws; and by inserting after Section 1 the following: SECTION 1A. Code Section 12-5-237 of the O.C.G.A., relating to shore construction permit requirements, is amended by adding a new subsection to read as follows: "(c) No commercial or residential building shall be constructed on or in the Jekyll Island dynamic dune field that existed as defined by Code Section 12-5-232 on March 30, 2008." SECTION 1B. This Act shall become effective upon its approval by the Governor or upon becoming law without such approval but shall not impair an obligation of contract existing prior to then. Senator Williams of the 19th requested a ruling of the Chair as to the germaneness of the amendment. The President ruled the Chapman et al. amendment #1 to the committee substitute not germane. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks E Hudgens Y Jackson E Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber 3184 JOURNAL OF THE SENATE Y Harbison Y Harp Y Hawkins Y Ramsey Y Reed Y Rogers Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 2. HB 68, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Heath of the 31st Thompson of the 5th HB 422. By Representative Willard 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 a minimum amount for liens; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Murphy of the 27th. The Senate Special Judiciary Committee offered the following substitute to HB 422: A BILL TO BE ENTITLED AN ACT To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to provide a minimum amount for liens in the "Georgia Condominium Act" and the "Georgia Property Owners Association Act"; to provide for the recovery of attorneys fees in actions involving covenants running with the land; 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 revising subsection (c) of Code Section 44-3-109, relating to liens for assessments and foreclosures under the "Georgia Condominium Act," as follows: "(c) Not less than 30 days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the unit owner both at the address of the unit and at any other address or addresses which the unit owner may have designated to the association in writing, the lien may be foreclosed by the association by an action, judgment, and foreclosure in the same manner as other liens for the improvement of MONDAY, MARCH 31, 2008 3185 real property, subject to superior liens or encumbrances, but any such court order for judicial foreclosure shall not affect the rights of holders of superior liens or encumbrances to exercise any rights or powers afforded to them under their security instruments. The notice provided for in this subsection shall specify the amount of the assessments then due and payable together with authorized late charges and the rate of interest accruing thereon. No foreclosure action against a lien arising out of this subsection shall be permitted unless the amount of the lien is at least $2,000.00. Unless prohibited by the condominium instruments, the association shall have the power to bid on the unit at any foreclosure sale and to acquire, hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be of no further effect, as to assessments or installments thereof, together with late charges and interest applicable thereto, four years after the assessment or installment first became due and payable." SECTION 2. Said title is further amended by revising subsection (c) of Code Section 44-3-232, relating to liens for assessments and foreclosures under the "Georgia Property Owners Association Act," as follows: "(c) Not less than 30 days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the lot owner both at the address of the lot and at any other address or addresses which the lot owner may have designated to the association in writing, the lien may be foreclosed by the association by an action, judgment, and court order for foreclosure in the same manner as other liens for the improvement of real property, subject to superior liens or encumbrances, but any such court order for judicial foreclosure shall not affect the rights of holders of superior liens or encumbrances to exercise any rights or powers afforded to them under their security instruments. The notice provided for in this subsection shall specify the amount of the assessments then due and payable together with authorized late charges and the rate of interest accruing thereon. No foreclosure action against a lien arising out of this subsection shall be permitted unless the amount of the lien is at least $2,000.00. Unless prohibited by the instrument, the association shall have the power to bid on the lot at any foreclosure sale and to acquire, hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be of no further effect, as to assessments or installments thereof, together with late charges and interest applicable thereto, four years after the assessment or installment first became due and payable." SECTION 2A. Said title is further amended by revising Article 3 of Chapter 5, relating to covenants and warranties, by adding a new subsection to Code Section 44-5-60, relating to covenants running with the land, effect of zoning laws, covenants and scenic easements for use of the public, and renewal of certain covenants, to read as follows: "(e) To the extent provided in the covenants, the obligation for the payment of assessments and fees arising from covenants shall include the costs of collection, including reasonable attorneys fees actually incurred." 3186 JOURNAL OF THE SENATE SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks E Hudgens Y Jackson E Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. HB 422, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Brown of the 26th Chance of the 16th Staton of the 18th HB 426. By Representatives Jones of the 44th, Fludd of the 66th, Sims of the 151st, Rynders of the 152nd and Smith of the 129th: A BILL to be entitled an Act to amend Code Section 32-6-200 of the Official MONDAY, MARCH 31, 2008 3187 Code of Georgia Annotated, relating to the installation of protective devices at railroad grade crossings, so as to provide for legislative findings; to define a certain term; to provide that local school districts shall provide the Department of Transportation with information regarding rail crossings without active warning devices that are used by school buses; to provide that local school districts shall use best efforts to reroute buses to minimize use of such crossings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Stoner of the 6th. The Senate Transportation Committee offered the following substitute to HB 426: A BILL TO BE ENTITLED AN ACT To amend Code Section 32-6-200 of the Official Code of Georgia Annotated, relating to the installation of protective devices at railroad grade crossings, so as to provide for legislative findings; to define a certain term; to provide that local school districts shall provide the Department of Transportation with information regarding rail crossings without active warning devices that are used by school buses; to provide that local school districts shall use best efforts to reroute buses to minimize use of such crossings; 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. The General Assembly is interested in increasing safety at railroad crossings, especially crossings used by school buses, and therefore finds that certain legislation may enhance such safety. SECTION 2. Code Section 32-6-200 of the Official Code of Georgia Annotated, relating to the installation of protective devices at railroad grade crossings, is amended by adding a new subsection to read as follows: "(d)(1) As used in this subsection, the term 'active warning devices' means automated control gates, lights, and warning bells, used singly or in any combination. (2) Each local school district in this state shall survey its established school bus routes annually and submit to the Department of Transportation a list identifying each rail crossing that does not have active warning devices on an established bus route. Each local school district shall be required to submit this information to the department each year by no later than September 1. 3188 JOURNAL OF THE SENATE (3) Each local school district shall exercise best efforts to minimize the number of established school bus routes that cross rail crossings that do not have active warning devices. (4) The department shall use the information about school bus routes as an important factor in selecting rail crossings to upgrade with active warning devices." SECTION 3. This Act shall become effective on January 1, 2009. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Heath Y Henson E Hill,Jack Hill,Judson Y Hooks E Hudgens Jackson E Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith E Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 0. HB 426, having received the requisite constitutional majority, was passed by substitute. MONDAY, MARCH 31, 2008 3189 Senator Douglas of the 17th asked unanimous consent to suspend the Senate Rules to first read SR 1293 and assign it to committee. There was no objection. The following Senate legislation was introduced, read the first time and referred to committee: SR 1293. By Senators Douglas of the 17th, Grant of the 25th, Mullis of the 53rd, Chance of the 16th, Thompson of the 33rd and others: A RESOLUTION urging the Emergency Medical Services and Trauma Section of the Division of Public Health to create state licensure examinations for emergency medical technicians and paramedics; and for other purposes. Referred to the Rules Committee. The following Senators were excused for business outside the Senate Chamber: Stoner of the 6th Tolleson of the 20th The Calendar was resumed. HB 535. By Representative Butler of the 18th: A BILL to be entitled an Act to amend Title 37 of the O.C.G.A., relating to mental health, so as to create a patient advocacy board and the position of Patient Advocate General to investigate fatalities and allegations of abuse, neglect, or improper treatment occurring in facilities operated by, subjection to certification by, or under contact with the Division of Mental Health, Developmental Disabilities, and Addictive Diseases; to provide for definitions; to provide for appointment of board members, qualifications of board members, terms, vacancies, removal, and immunity; to provide for oath of office and certificate of appointment; to provide for board meetings, procedure, and expenses; to provide for the powers and duties of the Patient Advocate General; to provide for confidentiality of certain information and exceptions; to provide for reporting of certain information; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Grant of the 25th. The Senate Health and Human Services Committee offered the following substitute to HB 535: 3190 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend an Act providing for the state ombudsman and community ombudsmen for mental health, mental retardation, and substance abuse, approved April 19, 2000 (Ga. L. 2000, p. 440), so as to repeal certain provisions providing for state and community officials; to amend an Act providing for the state ombudsman and community ombudsmen for mental health, developmental disabilities, and addictive diseases, approved May 16, 2002 (Ga. L. 2002, p. 1324), so as to repeal certain provisions providing for state and community officials; to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, developmental disabilities, addictive diseases, and other disability services, so as to create the office of disability services ombudsman; to provide for definitions; to provide for the appointment, qualifications, and term of a disability services ombudsman; to provide for a nominating committee for selecting the ombudsman; to provide for the organization of the office of disability services ombudsman; to provide for duties; to provide for the release of certain information to the ombudsman; to provide for penalties; to provide for a medical review group to review the deaths of consumers; to provide for the appointment, duties, and compensation of the medical review group; 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: SECTION 1. Section 1 of the Act providing for a state ombudsman and community ombudsmen for mental health, mental retardation, and substance abuse, approved April 19, 2000 (Ga. L. 2000, p. 440) is repealed in its entirety. SECTION 2. Section 1-8 of the Act providing for a state ombudsman and community ombudsmen for mental health, developmental disabilities, and addictive diseases, approved May 16, 2002 (Ga. L. 2002, p. 1324) is repealed in its entirety. SECTION 3. Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, developmental disabilities, addictive diseases, and other disability services, is amended by adding a new Article 2 to read as follows: "ARTICLE 2 Part 1 37-2-30. As used in this article, the term: (1) 'Advance directive for health care' means a written document voluntarily executed by a patient in accordance with the requirements of Code Section 31-32-5. MONDAY, MARCH 31, 2008 3191 (2) 'Clinical record' means a written record pertaining to an individual consumer and shall include all medical records, progress notes, charts, admission and discharge data, and all other information which is recorded by a services provider or other entities responsible for a consumers care and treatment under this chapter and which pertains to the consumers hospitalization, treatment, or habilitation. (3) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in Code Section 37-2-2 and shall include natural persons who are seeking disability services. (4) 'Durable power of attorney for health care' means a written document voluntarily executed by an individual creating a health care agency in accordance with Chapter 36 of Title 31, as such chapter existed on and before June 30, 2007. (5) 'Estate representative' means an executor, executrix, administrator, or administratrix of the estate of a deceased consumer. (6) 'Guardian' shall have the same meaning as provided in Code Section 29-1-1. (7) 'Health care agent' means an agent under a durable power of attorney for health care or health care agent under an advance directive for health care. (8) 'Office' means the office of disability services ombudsman created pursuant to subsection (a) of Code Section 37-2-31. (9) 'Ombudsman' means the disability services ombudsman appointed as provided for in Code Section 37-2-32. (10) 'Rights' means such rights as provided by statute, rule, or regulation for a consumer of a services provider. (11) 'Services provider' means a public or private person, corporation, or business which provides disability services operated by the division, under letter of agreement with the division, or under contract with the division. (12) 'Safety' means freedom from physical harm. (13) 'Well-being' means quality of life of a consumer, including the environment of care. 37-2-31. (a) There is created the office of disability services ombudsman. The chief officer of such office shall be the ombudsman. (b) The office and the ombudsman shall: (1) Be charged with promoting the safety, well-being, and rights of consumers; (2) Have the powers and duties set forth in this article; and (3) Act independently of any state official, department, or agency in the performance of duties. (c) The office and ombudsman shall be assigned to the Governors Office of Consumer Affairs for administrative purposes only. 37-2-32. (a) A nominating committee appointed by the Governor shall identify at least three qualified persons to serve as ombudsman. In making the appointment of the 3192 JOURNAL OF THE SENATE ombudsman, the Governor shall consider, but not be limited to, the nominations furnished by the nominating committee. The ombudsman shall have knowledge and experience concerning the safety, well-being, and rights of consumers and shall have the skills to perform the duties set forth in this article. (b) The nominating committee shall have at least five members, who are residents of this state, appointed by the Governor and selected from the following: (1) A former consumer of the division; (2) A current consumer of the division; (3) A representative of the department; (4) A representative of an advocacy organization for consumers; (5) A representative of law enforcement; (6) A licensed psychiatrist; (7) A psychologist; (8) A registered professional nurse; and (9) A representative of the executive branch of the state government of Georgia. (c) Three members of the committee shall constitute a quorum. The nominating committee shall elect from among the members a chairperson and a vice chairperson. (d) The ombudsman shall serve a term of five years and until his or her successor is appointed and qualified. The ombudsman may be reappointed. No person shall serve as ombudsman while holding another public office or while being an owner or operator of a services provider or in the employ of or under contract with a services provider; nor shall such person be a spouse, parent, or child of such an owner, operator, employee, or contractor. 37-2-33. (a) The ombudsman may appoint such deputy ombudsmen and staff as may be deemed necessary to effectively fulfill the purposes of this article and establish the compensation thereof, within the limits of the funds available for the purposes of the ombudsman. The duties of the deputy ombudsmen and staff may include the duties and powers of the ombudsman if performed under the direction of the ombudsman. The deputy ombudsmen shall be removable at the discretion of the ombudsman. (b) The ombudsman shall have the authority to contract with experts in fields including but not limited to medicine, psychology, child development, mental or emotional illness, developmental disability, addictive disease, and child welfare, as needed to support the work of the ombudsman, utilizing funds appropriated for the purposes of the ombudsman. 37-2-34. The ombudsman and persons employed by or acting as agents of the ombudsman shall be deemed members of the work force of the department solely for the purposes of: (1) Allowing the department to disclose confidential clinical records and protected health information to the ombudsman as provided for in Code Section 37-2-36; (2) Protecting confidential clinical records and protected health information from MONDAY, MARCH 31, 2008 3193 further disclosure through or by the ombudsman and the office of the ombudsman; and (3) Ensuring the departments compliance with the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, and the Standards for Privacy of Individually Identifiable Health Information promulgated pursuant thereto. 37-2-35. The ombudsman shall: (1) Establish priorities, policies and procedures for receiving, investigating, referring, and attempting to resolve complaints made by or on behalf of consumers concerning any act, omission to act, practice, policy, or procedure of a services provider that may adversely affect the safety, well-being, and rights of consumers and any policies and procedures necessary to implement the provisions of this article; (2) Investigate and make reports and recommendations to the department and other appropriate agencies concerning any act or failure to act by any services provider with respect to the safety, well-being, and rights of consumers and is authorized to: (A) Prioritize investigations, reporting, and recommendations based on the seriousness and pervasiveness of the alleged act or failure to act; and (B) Refer to the services provider those complaints deemed appropriate for resolution by the services provider; (3) Establish a uniform state-wide complaint process; (4) Collect and record data relating to complaints and findings with regard to services providers and analyze such data in order to identify adverse effects upon the safety, well-being, and rights of consumers; (5) Promote the interests of consumers before governmental agencies and seek administrative and other remedies to protect the safety, well-being, and rights of consumers by: (A) Analyzing, commenting on, and monitoring the development and implementation of federal, state, and local laws, regulations, and other governmental policies and actions that pertain to the safety, well-being, and rights of consumers; and (B) Recommending any changes in such laws, regulations, policies, and actions as the ombudsman determines to be appropriate; (6) Make an annual written report documenting the types of complaints and problems reported by consumers and others on their behalf and include recommendations concerning needed policy, regulatory, and legislative changes. The annual report shall be submitted to the Governor, the General Assembly, the commissioner, and other appropriate agencies and organizations and made available to the public. The ombudsman shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient. The report shall not identify any consumer by name or by implication without the express written consent of the consumer, or if applicable the parent of a minor 3194 JOURNAL OF THE SENATE consumer, the guardian of the consumer, or the health care agent of the consumer if the agent is so authorized to make such a decision and the consumer is unable to do so; and (7) Serve as a member of the medical review group established pursuant to Code Section 37-2-45. 37-2-36. (a) The ombudsman on his or her initiative or in response to complaints made by or on behalf of consumers may conduct investigations in matters within his or her powers and duties as provided by this article. (b) The ombudsman shall have the authority to enter any facility, premises, or property where disability services are provided. Upon entering such facility, premises, or property, the ombudsman shall notify the administrator or, in the absence of the administrator, the person in charge of such facility, premises, or property before speaking to any consumer. After notifying the administrator or the person in charge of such facility, premises, or property, the ombudsman may communicate privately and confidentially with consumers in such facility, premises, or property individually or in groups. (c) The ombudsman shall have the authority to inspect the entire facility, premises, or property and have access to the administrative records, policies, and documents of the facility, premises, or property to which the consumers have or the general public has access. Entry and investigation as provided by this Code section shall be conducted in a manner which will not significantly disrupt the provision of disability services to consumers. (d) The ombudsman shall have access to the clinical records of any consumer if: (1) The ombudsman has written consent of the consumer, or if applicable the parent of a minor consumer, the guardian of the consumer, or the health care agent of the consumer if the agent is authorized to make such a decision and the consumer is unable to do so; or (2) The consumer lacks the capacity to consent to the review and has no guardian of the consumer or health care agent who is authorized to make such a decision. (e) The ombudsman shall identify himself or herself as such to the consumer, and the consumer shall have the right to communicate or refuse to communicate with the ombudsman. (f) The consumer, the parent of a minor consumer, the consumers guardian, or the health care agent of the consumer if the health care agent is authorized to make such a decision and the consumer is unable to do so, shall have the right to participate in planning any course of action to be taken on the consumers behalf by the ombudsman, and the consumer, parent of a minor consumer, guardian, or health care agent of the consumer if the agent is so authorized, shall have the right to approve or disapprove any proposed action to be taken on the consumers behalf by the ombudsman. (g) The ombudsman shall have the authority to obtain from any department, governmental agency, or services provider, and such department, agency, or services MONDAY, MARCH 31, 2008 3195 provider shall provide cooperation and assistance, services, data, and access to, such files and records as will enable the ombudsman properly to perform his or her duties and exercise his or her powers, provided that such information is not privileged under any law. (h) The ombudsman shall report for investigative purposes any and all: (1) Suspected criminal activity to the appropriate law enforcement agency; (2) Suspected abuse, neglect, exploitation, or abandonment of a consumer by any person to the appropriate federal or state regulatory authority; and (3) Suspected violations of any professional code of conduct to the appropriate licensing board. (i) The ombudsman shall provide information and procedural guidance to any person who requests assistance in making a report of suspected abuse, neglect, exploitation, or abandonment of a consumer by any person: (1) To the appropriate law enforcement agency if criminal activity is suspected; or (2) To the appropriate federal or state regulatory authority if abuse, neglect, exploitation, or abandonment of a consumer is suspected. 37-2-37. (a) Following an investigation, the ombudsman shall report his or her opinions or recommendations to the following, as applicable: the consumer, parent of a minor consumer, guardian of the consumer, health care agent of the consumer, estate representative, services provider, and the division and shall attempt to resolve the complaint using, whenever possible, informal techniques of mediation, conciliation, and persuasion. With respect to a complaint against the services provider, the ombudsman shall first notify the administrator or person in charge of that services provider in writing and give such person a reasonable opportunity to correct any alleged defect. If so notified and the administrator or person in charge fails to take corrective action after a reasonable amount of time or if the defect seriously threatens the safety or well-being of any consumer, the ombudsman may refer the complaint to the division and any other appropriate agency. (b) Complaints or conditions adversely affecting consumers which cannot be resolved in the manner described in subsection (a) of this Code section shall, whenever possible, be referred by the ombudsman to the division and any other appropriate agency. 37-2-38. (a) The identity of any complainant or individual providing information on behalf of the consumer or complainant relevant to the investigation of a complaint shall be confidential and shall not be disclosed without the express written permission of such person, unless such disclosure is necessary for the department or services provider to protect the safety, well-being, or rights of a consumer; provided, however, that if the complaint becomes the subject of a judicial or administrative proceeding, the identity of such persons may be disclosed for the purpose of the proceeding. (b) The identity of any and all consumers involved in or mentioned in an investigation, 3196 JOURNAL OF THE SENATE whether as a complainant or otherwise, shall be confidential and shall not be disclosed without the express written consent of the consumer or a person legally authorized to consent for the consumer. 37-2-39. The ombudsman shall prepare and distribute to each services provider in the state a written notice describing the procedure to follow in making a complaint, including the address and telephone number of the office and the ombudsman. The administrator or person in charge of such services provider shall give the written notice required by this Code section to each consumer who receives disability services from such services provider and the consumers guardian, parent of a minor consumer, or health care agent, if any, upon first providing such disability services. The administrator or person in charge of such services provider shall also post such written notice in conspicuous public places in the facility, premises, or property in which disability services are provided in accordance with procedures provided by the ombudsman and shall give such notice to any consumer and his or her guardian, parent of a minor consumer, or health care agent, if any, who did not receive it upon the consumers first receiving disability services. 37-2-40. (a) No person shall discriminate or retaliate in any manner against any consumer, relative of a consumer, guardian or health care agent of a consumer, any employee of a services provider, or any other person for making a complaint or providing information in good faith to the ombudsman. (b) Any person violating this Code section shall be guilty of a misdemeanor. 37-2-41. The ombudsman and commissioner shall obtain federal financial participation for eligible activity by the ombudsman. The ombudsman shall maintain and transmit to the department documentation that is necessary in order to obtain federal funds which shall be applied to the budget of the ombudsman. 37-2-42. No person providing information, including but not limited to a consumers records, to the ombudsman shall be held, by reason of having provided such information, to have violated any criminal law or to be civilly liable under any law unless such information is false and the person providing such information knew or had reason to believe that it was false. 37-2-43. Any person who makes a complaint or provides information relating to a complaint as authorized in this article shall incur no civil or criminal liability therefor unless such complaint or information is false and the person making such complaint or providing MONDAY, MARCH 31, 2008 3197 such information knew or had reason to believe that it was false. 37-2-44. Nothing in this article shall be construed to limit the power of the department to investigate complaints where otherwise authorized by law. 37-2-45. (a) The Governor shall appoint a medical review group to conduct medical reviews of all deaths of consumers in state hospitals or state operated community residential services, which shall serve at the pleasure of the Governor. The medical review group shall consist of the ombudsman and four board certified physicians, one of whom shall be a psychiatrist. Three members of the medical review group shall constitute a quorum. The members shall select a chairperson and vice chairperson. (b) The physician members of the medical review group shall receive such compensation, if any, as may be fixed by the Governor. Such physician members shall be reimbursed for expenses incurred by them in performance of their duties such as transportation, lodging, and subsistence, at the same rate as members of the General Assembly. (c) The medical review group: (1) Shall be a review organization and shall conduct reviews of deaths of consumers in state hospitals and state operated community residential services as peer reviews pursuant to Article 6 of Chapter 7 of Title 31; (2) Shall review, within 60 days of notice of the death, all deaths of consumers: (A) Occurring on site of a state hospital or state operated community residential services providing services under this title; (B) In the company of staff of a state hospital or state operated community residential services providing services under this title; or (C) Occurring within two weeks following the consumers discharge from a state hospital or state operated community residential services; (3) Shall have access to all clinical records of the consumer, all investigations conducted by the department, state hospitals, or state operated community residential services regarding the death, and all reviews of the death, including peer reviews; (4) May interview staff of the state hospitals and state operated community residential services, and other persons involved in the events immediately preceding and involving the death; (5) Shall determine whether the death was the result of natural causes or may have resulted from other than natural causes; (6) Shall determine whether the death requires further investigation or review, and shall report such conclusion to the division; (7) May make confidential recommendations to the ombudsman, the department, the division, the state hospitals, and state operated community residential services regarding consumer treatment and care, policies, and procedures, which may assist in the prevention of deaths; 3198 JOURNAL OF THE SENATE (8) Shall make a summary report quarterly to the ombudsman and the department, to include data analysis and identified trends regarding causes of consumer deaths and to include the types of recommendations made to assist in reducing morbidity and mortality, which reports shall not identify any consumer or consumers explicitly or by implication; and (9) Shall report to the appropriate law enforcement agency any suspected criminal activity or suspected abuse and shall report any suspected violation of any professional code of conduct to the appropriate licensing board. (d) All peer review records submitted to or produced or created by the medical review group and the findings and recommendations of the medical review group, except for the quarterly reports, shall remain confidential and shall not be considered public records under Article 4 of Chapter 18 of Title 50. 37-2-46. The medical reviews of deaths in state hospitals and state operated community residential services as provided for in Code Section 37-2-45 shall not be limited by the type of disability services received or applied for by the consumer at any time after the effective date of this part and such reviews shall be of the death of all consumers, the provisions of Code Section 37-2-47 notwithstanding. 37-2-47. Commencing with the calendar month immediately following the month in which this part becomes effective, for the purposes of this article, the office and the ombudsman shall receive, investigate, refer, and attempt to resolve complaints made by or on behalf of only those consumers with mental or emotional illness, consumers with mental or emotional illness and co-occurring developmental disability, and consumers with mental or emotional illness and co-occurring addictive disease. Part 2 37-2-50. Commencing with the calendar month immediately following the month in which this part becomes effective, for the purposes of this article, the office and ombudsman shall, in addition to those powers and duties provided by Code Section 37-2-47, receive, investigate, refer, and attempt to resolve complaints made by or on behalf of all consumers with developmental disability or addictive disease." SECTION 4. This Act shall become effective on July 1, 2008, except that: (1) Part 1 of Article 2 of Chapter 2 of Title 37 as enacted by this Act shall become effective only if funds are specifically appropriated for the purposes of said part in a General Appropriations Act making specific reference to said part and shall become effective when funds so appropriated become available for expenditure; and (2) Part 2 of Article 2 of Chapter 2 of Title 37 as enacted by this Act shall become MONDAY, MARCH 31, 2008 3199 effective only if funds are specifically appropriated for the purposes of said part in a General Appropriations Act making specific reference to said part and shall become effective when funds so appropriated become available for expenditure. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Grant of the 25th offered the following amendment #1: Amend the Senate committee substitute (LC 36 1059S) to HB 535 by striking beginning on line 16 of page 3 the words "of Consumer Affairs" On the adoption of the amendment, there were no objections, and the Grant amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Smith E Staton E Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Y Williams 3200 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 47, nays 0. HB 535, having received the requisite constitutional majority, was passed by substitute. HB 993. By Representatives Hembree of the 67th, Geisinger of the 48th, Hamilton of the 23rd, Chambers of the 81st and Brooks of the 63rd: A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in elections and primaries, so as to provide that electors who are 75 years of age or older or disabled shall be given preferential treatment when casting an absentee ballot in person at a registrars office or other location; 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 E Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Jones Y Me V Bremen Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith E Staton E Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 0. HB 993, having received the requisite constitutional majority, was passed. MONDAY, MARCH 31, 2008 3201 Senator Fort of the 39th was excused for business outside the Senate Chamber. HB 1000. By Representatives Heard of the 104th, Parsons of the 42nd, Harbin of the 118th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to provide for the titling of certain watercraft; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Grant of the 25th. The Senate Special Judiciary Committee offered the following substitute to HB 1000: A BILL TO BE ENTITLED AN ACT To amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to provide for the titling and registration of certain watercraft; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended by adding a new Chapter 7A to read as follows: "CHAPTER 7A 52-7A-1. This chapter shall be known and may be cited as the 'Watercraft Certificate of Title Act.' 52-7A-2. As used in this chapter, the term: (1) 'Commissioner' means the state revenue commissioner. (2) 'Dealer' means any person engaged in the business of manufacturing vessels or selling new or used vessels at an established place of business. (3) '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 shall not be considered homemade vessels. 3202 JOURNAL OF THE SENATE (4) '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. (5) 'Lien' means any lien created by operation of law and not by contract or agreement with respect to a vessel and includes all liens established in Code Section 44-14-320, other than liens in favor of mortgages, and all liens for taxes due the United States of America, constructive notice of which is given by filing notice thereof in the office designated by state law. (6) 'Lienholder' means a person holding a lien created by operation of law on a vessel. (7) To 'mail' means to deposit in the United States mail, properly addressed and with postage paid. (8) 'Natural person' means an individual human being and does not include any firm, partnership, association, corporation, or trust. (9) 'Security agreement' means a written agreement which reserves or creates a security interest. (10) 'Security interest' means an interest in a vessel reserved or created by agreement which secures the payment or performance of an obligation, such as a conditional sales contract, chattel mortgage, bill of sale to secure debt, deed of trust, and the like. This term includes the interest of a lessor under a lease intended as security. (11) 'Security interest holder' means the holder of a security interest in a vessel reserved or created by agreement and which secures payment or performance of an obligation. (12) '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. 52-7A-3. (a) The commissioner is responsible for the administration of this chapter and may employ such clerical assistants and agents as may be necessary from time to time to enable the commissioner to speedily, completely, and efficiently perform the duties conferred on the commissioner by this chapter. The commissioner shall be authorized to delegate any administrative responsibility for retention of applications, certificates of title, notices of security interest, and any other forms or documents relating to the application and registration process to the appropriate authorized tag agent for the county in which the application is made or the registration is issued. (b) The commissioner shall prescribe and provide suitable forms of applications, certificates of title, notices of security interest, and all other notices and forms necessary to carry out the provisions of this chapter. (c) The commissioner may: (1) Make necessary investigation to procure information required to carry out the provisions of this chapter; and MONDAY, MARCH 31, 2008 3203 (2) Adopt and enforce reasonable rules and regulations to carry out the provisions of this chapter. 52-7A-4. No certificate of title shall be obtained for: (1) A vessel owned by the United States unless it is registered in this state; (2) A vessel owned by a manufacturer of or dealer in vessels and held for sale, even though incidentally used on state waters or used for testing or demonstration; or a vessel used by a manufacturer solely for testing; except that all dealers acquiring new vessels after July 1, 2009, from a manufacturer for resale shall obtain such evidence of origin of title from the manufacturer as the commissioner shall by rule and regulation prescribe; (3) A vessel owned by a nonresident of this state and not required by law to be registered in this state; (4) A vessel regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another state; (5) A vessel not motor propelled except for sailboats 12 feet or more in length; (6) A vessel propelled by a motor rated at not more than ten horsepower; (7) A boat trailer; (8) A homemade trailer; (9) A vessel which is not sold for the purpose of lawful use on the waters of this state; or (10) A vessel with a model year prior to 2009, except as otherwise provided in this chapter. 52-7A-5. (a) A peace officer who learns of the theft of a vessel not since recovered shall report the theft to the commissioner. A peace officer who learns of the recovery of a vessel whose theft or conversion he or she knows or has reason to believe has been reported to the commissioner shall forthwith report the recovery to the commissioner. (b) An owner or a security interest holder or lienholder shall report the theft of a vessel, or its conversion if a crime, to the commissioner. A person who has so reported the theft or conversion of a vessel shall, after learning of its recovery, immediately report the recovery to the commissioner. (c) The commissioner shall maintain appropriately indexed weekly and cumulative public records of stolen, converted, and recovered vessels reported pursuant to this Code section. The commissioner may make and distribute copies of the weekly records so maintained to peace officers upon request without fee and to others for the fee, if any, the commissioner prescribes. (d) The commissioner may suspend the registration of a vessel whose theft or conversion is reported pursuant to this Code section; and until the commissioner learns of its recovery or that the report of its theft or conversion was erroneous, the commissioner shall not issue a certificate of title for the vessel. 3204 JOURNAL OF THE SENATE 52-7A-6. (a) A person aggrieved by an act or omission to act of the commissioner under this chapter is entitled, upon request, to a hearing. The commissioner shall establish a board to hear complaints of persons aggrieved by an act or omission to act of the commissioner or any employee of the department pertaining to the administration of this chapter. The procedure established in this chapter for the handling of complaints and grievances shall be exclusive, and these procedures shall apply to all such complaints and grievances. The commissioner shall promulgate rules and regulations governing the membership of the board and the organization thereof. (b) Hearings conducted under subsection (a) of this Code section shall be conducted under the terms and conditions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and court review of such hearings shall be as provided by that chapter. 52-7A-7. (a) Except as provided in Code Section 52-7A-4, every owner of a vessel which is required by law to be registered in this state and for which no certificate of title has been issued by the commissioner shall make application to the commissioner or to the tag agent in the county wherein the owner resides for a certificate of title to the vessel. If a vessel is owned by and used in connection with an established business, application shall be made to the commissioner or to the tag agent in the county in which the business is located. All 2009 model vessels and all successive model vessels shall have a certificate of title. (b) When the owner of a vessel is required to have a certificate of title, the Department of Natural Resources shall not register, transfer, or renew the registration of such vessel until a certificate of title has been issued or applied for. (c) No application for a certificate of title for a vessel purchased outside the State of Georgia shall be accepted or processed unless the applicant shows, by a valid bill of sale or contract of purchase or by such other documentation satisfactory to the commissioner, that state and local sales and use tax has been paid or is not due. If state and local sales and use tax is owed on such vessel but has not been paid, the county tag agent shall return the unprocessed application to the applicant informing him or her of the requirements of this Code section. (d) On and after July 1, 2010, owners of vessels of model years 2008 and earlier may voluntarily obtain certificates of title for such vessels pursuant to this chapter upon the submission of a title application, the required fees, and such other proof of ownership and vessel documentation as the commissioner shall require by rule and regulation. 52-7A-8. (a) The application for the first certificate of title of a vessel in this state shall be made by the owner to the commissioner or the commissioners duly authorized county tag agent on the prescribed form. Except as provided in subsection (b) of this Code section, the application must be submitted to the commissioner or the appropriate MONDAY, MARCH 31, 2008 3205 authorized county tag agent by the owner of the vessel within 30 days from the date of purchase of the vessel or from the date the owner is otherwise required by law to register the vessel in this state. If the owner does not submit the application within that time, the owner of the vessel shall be required to pay a penalty of $10.00 in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of rejection to resubmit the documents required by the commissioner or the authorized county tag agent for the issuance of a certificate of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed, and the owner of the vessel shall be required to remove immediately the registration number of the vessel under Chapter 7 of this title. If the documents have not been resubmitted as required under this subsection, the registration number shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents submitted. Such application shall contain: (1) The full legal name, residence, and mailing address of the owner; (2) A description of the vessel, including, so far as the following data exist, its make, model, hull identification number, type of vessel, year built, length in feet and inches, and whether new, used, or a demonstrator; (3) The date of purchase by the applicant and, except as provided in paragraph (2) of subsection (c) of this Code section, the name and address of the person from whom the vessel was acquired and the names and addresses of the holders of all security interests and liens in order of their priority; and (4) Any further information the commissioner reasonably requires to identify the vessel and to enable the commissioner or the authorized county tag agent to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vessel and liens on the vessel. (b)(1) As used in this subsection, the term 'digital signature' means a digital or electronic method executed or adopted by a party with the intent to be bound by or to authenticate a record, which is unique to the person using it, is capable of verification, is under the sole control of the person using it, and is linked to data in such a manner that if the data are changed the digital or electronic signature is invalidated. (2) If the application refers to a vessel purchased from a dealer, it shall contain the name and address of the holder of any security interest created or reserved at the time of the sale by the dealer. The application shall be signed by the owner and, unless the dealers signature appears on the certificate of title or manufacturers statement of origin submitted in support of the title application, the dealer, provided that as an alternative to a handwritten signature the commissioner may authorize use of a digital signature so long as appropriate security measures are implemented which assure security and verification of the digital signature process, in accordance with regulations promulgated by the commissioner. The dealer shall promptly mail or deliver the application to the commissioner or the county tag agent of the county in which the seller is located, of the county in which the sale takes place, of the county 3206 JOURNAL OF THE SENATE in which the vessel is delivered, or of the county wherein the vessel owner resides so as to have the application submitted to the commissioner or such authorized county tag agent within 30 days from the date of the sale of the vessel. If the application is not submitted within that time, the dealer, or in nondealer sales the transferee, shall be required to pay a penalty of $10.00 in addition to the ordinary title fee paid by the transferee provided for in this chapter. If the documents submitted in support of the title application are rejected, the dealer submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner or authorized county tag agent for the issuance of a certificate of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional penalty of $10.00 assessed against the dealer. (c)(1) If the application refers to a vessel last previously registered in another state or country, the application shall contain or be accompanied by: (A) Any certificate of title issued by the other state or country; and (B) Any other information and documents the commissioner or authorized county tag agent reasonably requires to establish the ownership of the vessel and the existence or nonexistence of security interests in it and liens against it. (2) If the application refers to a vessel last previously registered in another state and if the applicant is the last previously registered owner in such state, the application need not contain the name and address of the person from whom the vessel was acquired. 52-7A-9. (a) The commissioner or the commissioners duly authorized county tag agent, upon receiving application for a first certificate of title, shall check the hull identification number of the vessel shown on the application against the records of vessels required to be maintained by Code Section 52-7A-10 and against the record of stolen and converted vessels required to be maintained by Code Section 52-7A-5. (b) Subsection (a) of this Code section shall not be applicable to an application for the first certificate of title of a new or demonstrator vessel when such application is accompanied by a manufacturers certificate of origin or similar document approved by the commissioner by rule or regulation. 52-7A-10. (a) The commissioner or the commissioners duly authorized county tag agent shall file each application received and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title for the vessel. (b) The commissioner or the commissioners duly authorized county tag agent shall maintain a record of all certificates of title issued: (1) Under a distinctive title number assigned to the vessel; (2) Under the hull identification number of the vessel; (3) Alphabetically, under the name of the owner; MONDAY, MARCH 31, 2008 3207 (4) Under the vessel registration number; and (5) In the discretion of the commissioner, in any other method the commissioner determines. (c) The commissioner or the commissioners duly authorized county tag agent is authorized and empowered to provide for photographic and photostatic recording of certificate of title records in such manner as the commissioner or the commissioners duly authorized county tag agent may deem expedient. The photographic or photostatic copies authorized in this subsection shall be sufficient as evidence in tracing of titles of the vessels designated therein and shall also be admitted in evidence in all actions and proceedings to the same extent that the originals would have been admitted. (d) The vessel records which the commissioner or the commissioners duly authorized county tag agent is required to maintain under this Code section or any other provision are exempt from the provisions of any law of this state requiring that such records be open for public inspection; provided, however, that the records may be disclosed for use by the following: (1) Any licensed dealer of new or used vessels; (2) Any tax collector, tax receiver, or tax commissioner; and (3) The Department of Natural Resources. (e) In addition to any public inspection of records authorized under subsection (d) of this Code section, vessel records consisting of vessel description, title status, title brands, recorded liens, or recorded security interests which the commissioner or the commissioners duly authorized county tag agent is required to maintain under this Code section shall, in such manner and under such conditions as prescribed by the commissioner, be furnished individually or in bulk to any person upon payment of a reasonable fee, for any purpose not otherwise prohibited by law, including without limitation for the purpose of providing information to allow for informed vessel purchase and safety decisions. Records furnished in accordance with this subsection may be subsequently transferred to third parties. Personal information of any registrant, including name, address, date of birth, or social security number, shall not be furnished or transferred by or to any person pursuant to this subsection. (f) Personal information furnished under subsection (d) of this Code section shall be limited to the natural persons name and address. The personal information obtained by a business under this Code section shall not be resold or redisclosed for any purposes without the written consent of the individual. Furnishing of information to a business under this Code section shall be pursuant to a contract entered into by such business and the state which specifies the consideration to be paid by such business to the state for such information and the frequency of updates. 52-7A-11. (a) Each certificate of title issued by the commissioner or the commissioners duly authorized county tag agent shall contain: (1) The date issued; (2) The name and address of the owner; 3208 JOURNAL OF THE SENATE (3) The names and addresses of the holders of any security interest and of any lien as shown on the application or, if the application is based on a certificate of title, as shown on the certificate; (4) The title number assigned to the vessel; (5) A description of the vessel including, so far as the following data exist, its make, model, hull identification number, type of vessel, year built, length in feet and inches, whether new, used, or a demonstrator, and, if a new vessel or a demonstrator, the date of the first sale of the vessel for use; and (6) Any other data the commissioner prescribes. (b) The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer, and may contain forms for applications for a certificate of title by a transferee or naming of a security interest holder and of a lienholder and the assignment or release of the security interest and lien. (c) A certificate of title issued by the commissioner or the commissioners duly authorized county tag agent is prima-facie evidence of the facts appearing on it. (d) A certificate of title for a vessel is not subject to garnishment, attachment, execution, or other judicial process, but this subsection does not prevent a lawful levy upon the vessel. 52-7A-12. (a)(1) The certificate of title shall be mailed or delivered to the holder of the first security interest or lien named in it. In the event there is no security interest holder or lienholder named in such certificate, the certificate of title shall be mailed or delivered directly to the owner. (2) The commissioner may enter into agreements with any such security interest holder or lienholder to provide a means of delivery by secure electronic measures of a notice of the recording of such security interest or lien. Such security interest or lien shall remain on the official records of the department until such time as the security interest or lien is released by secure electronic measures or affidavit of lien or security interest release; after which release or at the request of the lienholder or security interest holder, the certificate of title may be printed and mailed or delivered to the next lienholder or security interest holder or as otherwise provided by paragraph (1) of this subsection without payment of any fee required by Code Section 52-7A-22. (b) If the certificate of title is mailed to a security interest holder or lienholder, such person shall notify by mail all other security interest or lien holders that such person has received the certificate of title. The notice shall inform the security interest holder or lienholder of the contents and information reflected on such certificate of title. Such mailing or delivery shall be within five days, exclusive of holidays, after the receipt of the certificate by the holder of any security interest or lien. (c) The security interest holder or lienholder may retain custody of the certificate of title until such security interest holders or lienholders claim has been satisfied. The security interest holder or lienholder having custody of a certificate of title must deliver the certificate of title to the next lienholder or security interest holder within ten days MONDAY, MARCH 31, 2008 3209 after such custodial security interest holders or lienholders security interest or lien has been satisfied and, if there is no other security interest holder or lienholder, such custodial security interest holder or lienholder must deliver the certificate of title to the owner. (d) If a security interest or lien has been electronically recorded, the release of such security interest or lien will require the security interest holder or lienholder to notify the commissioner and the owner of the vessel, on a form prescribed by the commissioner, or by electronic means approved by the commissioner, of the release of the security interest or lien. Such notice shall inform the owner that such owner may request a title free of lien, upon verification of such owners current mailing address, from the commissioner as provided in Code Section 52-7A-34. 52-7A-13. (a) Whenever the certificate of title is in the possession of a security interest holder or lienholder as allowed by this chapter and some other person, including the owner, who has an interest in a transaction concerning a security interest or lien shown on the certificate of title desires to have that transaction reflected on the certificate of title, such security interest holder or lienholder may execute a notice of that transaction in the form prescribed by the commissioner, setting forth the details of the transaction such security interest holder or lienholder desires to be reflected on the certificate of title. The notice, a fee as provided by Code Section 52-7A-22, and the title application shall be mailed by certified mail or statutory overnight delivery, return receipt requested, by the person desiring the change to the first security interest holder or lienholder having possession of the certificate of title. The notice shall contain on its face instructions to the security interest holder or lienholder having custody of the certificate of title directing such security interest holder or lienholder within ten days to forward the notice, the fee, the title application, and the certificate of title to the commissioner or the commissioners duly authorized county tag agent. The first security interest holder or lienholder having possession of the certificate of title shall comply with the instructions contained in the notice. The commissioner or the authorized county tag agent, upon receipt of such a notice and title application, together with the fee and certificate of title, shall enter the transaction shown on the notice on such commissioners or authorized county tag agents records and on the certificate of title or issue a new certificate of title and shall then deliver the certificate of title as provided for in this chapter. The person desiring the change shall retain the return certified mail or statutory overnight delivery receipt as proof of such persons compliance with this Code section. (b) In the event the first security interest holder or lienholder holding the certificate of title fails, refuses, or neglects to forward the title application, notice, fee, and original certificate of title to the commissioner or the commissioners duly authorized county tag agent, as required by this Code section, the person desiring the change may, on a form prescribed by the commissioner, make direct application to the commissioner or the authorized county tag agent. Such direct application to the commissioner or the 3210 JOURNAL OF THE SENATE authorized county tag agent shall have attached to it the return registered or certified mail or statutory overnight delivery receipt showing the previous mailing of the title application, fee, and notice to the first security interest holder or lienholder. Upon receipt of such a direct application, the commissioner or the authorized county tag agent shall order the first security interest holder or lienholder having custody of the certificate of title to forward the certificate of title to the commissioner or the authorized county tag agent for the purpose of having the subsequent transaction entered thereon or a new certificate of title issued. If, after a direct application to the commissioner or the authorized county tag agent and the order of the commissioner or authorized county tag agent, the first security interest holder or lienholder continues to fail, refuse, or neglect to forward the certificate of title as provided in this Code section, the commissioner or authorized county tag agent may cancel the outstanding certificate of title and issue a new certificate of title reflecting all security interests and liens, including the subsequent security interest; and this new certificate of title shall be delivered as provided for in this chapter. (c) As an alternative to mailing notices of transactions concerning a security interest or lien on the certificate of title to the commissioner or the commissioners appropriate authorized county tag agent in accordance with this Code section, the commissioner shall be authorized to permit the transaction to be made by electronic means in accordance with regulations promulgated by the commissioner. (d) No first security interest holder or lienholder having possession of a certificate of title shall have the validity of that security interest or lien affected by surrendering the certificate of title as provided by this Code section. 52-7A-14. If the commissioner or the commissioners duly authorized county tag agent is not satisfied as to the ownership of the vessel or that there are no undisclosed security interests in it, the commissioner or authorized county tag agent shall either: (1) withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the commissioner or authorized county tag agent as to the applicants ownership of the vessel and that there are no undisclosed security interests in it; or (2) as a condition of issuing a certificate of title, require the applicant to file with the commissioner or authorized county tag agent a bond in the form prescribed by the commissioner and executed by the applicant and by a bonding, surety, or insurance company licensed to do business in Georgia. The bond shall be in an amount equal to the value of the vessel as determined by the commissioner or authorized county tag agent and payable to the commissioner for the benefit of any prior owner, security interest holder, or lienholder and any subsequent purchaser of the vessel or person acquiring any security interest or lien on it; and their respective successors in interest against any expense, loss, or damage by reason of the issuance of the certificate of title of the vessel or on account of any defect in or undisclosed security interest upon the right, title, and interest of the applicant in and to the vessel. The commissioner shall have a right of action to recover on the bond for any breach of its MONDAY, MARCH 31, 2008 3211 conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond shall expire at the end of four years unless the commissioner or authorized county tag agent has been notified of a breach of a condition of the bond. 52-7A-15. (a) The commissioner or the commissioners duly authorized county tag agent shall refuse issuance of a certificate of title only if any required fee is not paid or if the commissioner or the commissioners duly authorized county tag agent has reasonable grounds to believe that: (1) The applicant is not the owner of the vessel; (2) The application contains a false or fraudulent statement; (3) The applicant fails to furnish required information or documents or any additional information the commissioner or authorized county tag agent reasonably requires; or (4) The registration of the vessel stands suspended or revoked for any reason provided in the laws of this state. (b) If the application for first certificate of title is rejected, the application shall be returned to the holder of the first security interest or lien named in the application or to the owner if there is no security interest holder or lienholder. 52-7A-16. If a certificate of title is lost, stolen, mutilated, or destroyed or becomes illegible, the owner or the legal representative of the owner named in the certificate, as shown by the records of the commissioner or the commissioners duly authorized county tag agent, shall promptly make application for and may obtain a replacement upon furnishing information satisfactory to the commissioner or authorized county tag agent. The replacement shall be issued on the following terms and conditions: (1) If the replacement title is issued to the owner named in the lost, stolen, mutilated, or destroyed certificate, as shown by the records of the commissioner or authorized county tag agent, the replacement certificate of title shall contain the legend 'This is a replacement certificate and may be subject to the rights of a person under the original certificate.'; (2) When the vessel for which a replacement certificate of title has been issued is transferred to a new owner, the certificate of title issued to the transferee shall continue to contain the legend 'This is a replacement certificate and may be subject to the rights of a person under the original certificate.' After a replacement certificate has been issued and the records of the commissioner or authorized county tag agent show that the owner has held record title continuously for a period of not less than six calendar months and the record title of the owner has not been challenged, the commissioner or authorized county tag agent may, upon proper application, issue a replacement title, which shall simply contain the legend 'Replacement Title'; (3) A person recovering an original certificate of title for which a replacement has been issued shall promptly surrender the original certificate to the commissioner or 3212 JOURNAL OF THE SENATE authorized county tag agent. Where the owner named in a replacement certificate of title, or a transferee, recovers the original certificate, such owner or transferee may surrender the original certificate together with the replacement title and if such owner or transferee is otherwise entitled to a certificate the commissioner or authorized county tag agent may issue such owner or transferee a new certificate of title with no legend thereon; (4) If two or more innocent persons are the victims of the fraud or mistake of another and none of the victims could have reasonably taken steps to detect or prevent the fraud or mistake, the victim who first acquired an interest in a vessel through any certificate of title shall have such victims interest protected; and (5) A replacement title when the original has been lost in the mail prior to receipt by the registered owner shall be issued by the commissioner without charge upon application and completion of the form and affidavit prescribed by the commissioner setting forth the circumstances of nonreceipt of the title. The owner shall report the nonreceipt or loss and apply for replacement of the title to the commissioner within 60 days of the issuance of such title by the commissioner. An applicant shall provide an affidavit of nonreceipt and verify his or her current mailing address. 52-7A-17. (a) If an owner transfers his or her interest in a vessel other than by the creation of a security interest, such owner shall, at the time of delivery of the vessel, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate of title or as the commissioner prescribes and cause the certificate and assignment to be delivered to the transferee. If the transferor willfully fails to deliver the properly assigned certificate of title to the transferee, the transferor shall be guilty of a misdemeanor. In addition, the transferor shall be civilly liable to the transferee for all damages, including reasonable attorneys fees, occasioned by the transferors failure to comply with this subsection. (b) Except as provided in Code Section 52-7A-18, the transferee, promptly after delivery of the vessel and certificate of title, shall execute the application for a new certificate of title on the form the commissioner prescribes and cause the application and the certificate of title to be mailed or delivered to the commissioner or the appropriate authorized county tag agent at the same time as the application for change of registration for the vessel is submitted so that the title application shall be received within 30 days from the date of the transfer of the vessel. If the title application is not received within that time, the owner shall be required to pay a penalty of $10.00 in addition to the ordinary title fee required by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of title. If the documents are not properly resubmitted within 60 days, there shall be an additional $10.00 penalty assessed, and the owner of the vessel shall be required to remove immediately the registration number of the vessel under Chapter 7 of this title. If the documents have not been resubmitted MONDAY, MARCH 31, 2008 3213 as required under this subsection, the registration number shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents. (c) If a security interest is reserved or created at the time of the transfer, the certificate of title shall be retained by or delivered to the person who becomes the security interest holder, and the parties shall comply with Code Section 52-7A-29. (d) Except as provided in Code Section 52-7A-18 and as between the parties, a transfer by an owner is not effective until this Code section and Code Section 52-7A18 have been complied with; and no purchaser or transferee shall acquire any right, title, or interest in and to a vessel purchased by him or her unless and until he or she shall obtain from the transferor the certificate of title thereto, duly transferred in accordance with this Code section. (e) The commissioner shall promulgate procedures and provide forms whereby a prospective purchaser may, if such prospective purchaser desires, have the commissioners or the commissioners duly authorized county tag agents records searched for undisclosed certificates of title and security interests. 52-7A-18. (a)(1) Except as provided in paragraph (2) of this subsection, a dealer who buys a vessel and holds it for resale need not apply to the commissioner for a new certificate of title but may retain the certificate delivered to him or her. Upon transferring the vessel to another person other than by the creation of a security interest, such dealer shall promptly execute the assignment and warranty of title by a dealer. Such assignment and warranty shall show the names and addresses of the transferee and any holder of a security interest created or reserved at the time of the resale and the date of his or her security agreement in the spaces provided therefor on the certificate or as the commissioner prescribes. Transfers of vessels under this Code section shall otherwise conform with Code Section 52-7A-17. A dealer selling a previously registered vessel which under this chapter need not have a certificate of title need not furnish a purchaser of such a vessel a certificate of title. After a previously registered vessel has been brought under the terms of this chapter, a dealer, when selling that vessel, shall conform to all provisions of this chapter. (2)(A) As used in this paragraph, the term 'franchise dealer' means a dealer who under a contract or franchise agreement with a manufacturer, distributor, wholesaler, or importer is authorized to sell new vessels of or for such manufacturer, distributor, wholesaler, or importer and who is authorized to use trademarks or service marks associated with one or more makes of vessels in connection with such sales. (B) A dealer who is not a franchise dealer who acquires a vessel for which the original certificate of title has not been issued and who holds such vessel for resale shall not be exempt from the requirement to obtain a certificate of title in such dealers name as provided in paragraph (1) of this subsection. Such dealer shall, as provided in Code Section 52-7A-17, obtain a certificate of title in such dealers name prior to selling or otherwise transferring said vessel to any other person or dealer. 3214 JOURNAL OF THE SENATE (b) Every dealer shall maintain a record, in the form the commissioner prescribes, of every vessel bought, sold, or exchanged by such dealer or received by such dealer for sale or exchange. Such record shall be kept for three years and shall be open to inspection by a representative of the commissioner during reasonable business hours. (c) Except as otherwise provided for in subsection (c) of Code Section 52-7A-17, the dealer shall submit a properly completed certificate of title application and proper supporting documents to the commissioner or to the appropriate authorized county tag agent so that the application and supporting documents shall be submitted to the commissioner or the appropriate authorized county tag agent within 30 days from the date of the transfer of the vessel. If the application and supporting documents are not submitted within that time, the dealer shall be required to pay a penalty of $10.00 in addition to the ordinary title fee required by this chapter. If the documents submitted in support of the title application are rejected, the dealer submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of title. If the documents are not properly resubmitted within 60 days, there shall be an additional penalty of $10.00 assessed against the dealer. 52-7A-19. (a) If the interest of an owner in a vessel passes to another other than by voluntary transfer, the transferee shall, except as provided in subsection (b) of this Code section, mail or deliver to the commissioner or the appropriate authorized county tag agent the last certificate of title, if available; proof of the transfer; and his or her application for a new certificate in the form the commissioner prescribes at the same time as the application for change of registration for the vessel is submitted so that the title application and other documents shall be received by the commissioner or the appropriate authorized county tag agent no later than 30 days from the date that the transferee acquired the interest in the vessel. If the title application and other documents are not received within that time, the transferee shall be required to pay a penalty of $10.00 in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed, and the owner of the vessel shall be required to remove immediately the registration number of the vessel issued pursuant to Chapter 7 of this title. If the documents have not been resubmitted as required in this subsection, the registration number shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents. If the last certificate of title is not available for transfer under this Code section, then the transferee shall forward such proof of transfer as the commissioner may by regulation prescribe. (b) If the interest of the owner is terminated, whether the vessel is sold pursuant to a power contained in a security agreement or by legal process at the instance of the MONDAY, MARCH 31, 2008 3215 holder either of a security interest or a lien, the transferee shall promptly mail or deliver to the commissioner or the appropriate authorized county tag agent the last certificate of title, if available; proof of transfer; his or her application for a new certificate, in the form prescribed by the commissioner; and an affidavit made by or on behalf of the holder of a security interest in or lien on the vessel with respect to the termination of the interest of the owner, so as to have the application and supporting documents submitted to the commissioner or the appropriate authorized county tag agent within 30 days from the date the transferee acquired the interest in the vessel. If the application and supporting documents are not submitted within that time, the transferee shall be required to pay a penalty of $10.00 in addition to the ordinary title fee prescribed by this chapter. If the documents submitted in support of the title application are rejected, the transferee submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of title. If the documents are not properly resubmitted within 60 days, there shall be an additional $10.00 penalty assessed, and the owner of the vessel shall be required to remove immediately the registration number of the vessel issued pursuant to Chapter 7 of this title. If the documents have not been resubmitted as required under this subsection, the registration number shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents. If the holder of a security interest or lien succeeds to the interest of the owner and holds the vessel for resale, such person need not secure a new certificate of title but, upon transfer, shall promptly deliver to the transferee the last certificate of title, if available, and such other documents as the commissioner may require by rule or regulation. (c) A person holding a certificate of title whose interest in the vessel has been extinguished or transferred other than by voluntary transfer shall mail or deliver the certificate to the commissioner or the commissioners duly authorized county tag agent upon request of the commissioner or authorized county tag agent. The delivery of the certificate pursuant to the request of the commissioner or authorized tag agent shall not affect the rights of the person surrendering the certificate; and the action of the commissioner or authorized tag agent in issuing a new certificate of title as provided in this chapter shall not be conclusive upon the rights of an owner or lienholder named in the old certificate. (d) In the event of transfer as upon inheritance, devise, or bequest, upon receipt of an application for a new certificate of title with the required fee, the last certificate of title, if available, and a certified copy of a will or letters of administration or, if no administration is to be had on the estate, an affidavit by the applicant to the effect that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, have amicably agreed among themselves upon a division of the estate or a certificate from the judge of the probate court showing that the vessel registered in the name of the decedent owner has been assigned to the decedents survivors as part of their years support, the commissioner shall issue to the person or persons shown by such evidence to be entitled thereto the certificate of title for the vessel. (e)(1) In the event of transfer under a will when the vessel was the decedents only 3216 JOURNAL OF THE SENATE asset, upon receipt of an application for a new certificate of title accompanied by the required fee, the last certificate of title, if available, and an affidavit by the applicant to the effect that the vessel was owned by the decedent and was the decedents only asset and was not encumbered, that under the will the applicant is entitled to receive title to such vessel, that no application for the administration of the estate of the deceased or the probate of such will is to be had, and that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, are sui juris and have amicably agreed that title to said vessel be issued to the applicant, the commissioner shall issue to the person or persons shown by such evidence to be entitled thereto the certificate of title for the vessel. (2) The commissioner shall prescribe the form of the affidavit to be used in paragraph (1) of this subsection. (f) A joint interest in a vessel with survivorship in two or more persons may be created in the manner provided by subsection (a) of Code Section 44-6-190; and, if a certificate of title has been issued to two or more persons having such a joint interest with survivorship, then, in the event of the death of such a joint owner, the surviving such owner or owners, if any, need not secure a new certificate of title. 52-7A-20. (a) The commissioner or the commissioners duly authorized county tag agent, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee, and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner and mail the certificate to the first lienholder named in the application or, if none, to the owner. (b) The commissioner or the commissioners duly authorized county tag agent, upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fee, and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the outstanding certificate of title is not delivered to the commissioner or the authorized county tag agent, the commissioner or authorized county tag agent shall make demand for such title from the title holder. (c) The commissioner or the commissioners duly authorized county tag agent shall file and retain for five years every surrendered certificate of title, the file to be maintained so as to permit the tracing of title of the vessel designated on such title. 52-7A-21. (a)(1) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any vessel as scrap metal or parts only or who scraps, dismantles, or demolishes a vessel shall within 72 hours mail or deliver the certificate of title to the commissioner for cancellation. (2) Notwithstanding any other provision of this chapter to the contrary, if the owner or authorized agent of the owner has not obtained a title in his or her name for the vessel to be transferred, or has lost the title for the vessel to be transferred, he or she MONDAY, MARCH 31, 2008 3217 may sign a statement swearing that, in addition to the foregoing conditions, the vessel is worth $750.00 or less and is at least 12 years old. The department shall promulgate a form for the statement which shall include, but not be limited to: (A) A statement that the vessel shall never be titled again; it must be dismantled or scrapped; (B) A description of the vessel including the year, make, model, hull identification number, and color; (C) The name and address of the owner; (D) A certification that the owner: (i) Never obtained a title to the vessel in his or her name; or (ii) Was issued a title for the vessel, but the title was lost or stolen; (E) A certification that the vessel: (i) Is worth $750.00 or less; (ii) Is at least 12 years old; and (iii) Is not subject to any security interest or lien; (F) An acknowledgment that the owner realizes the form will be filed with the commissioner and that it is a felony, punishable by imprisonment for not fewer than one nor more than three years or a fine of not less than $1,000.00 nor more than $5,000.00, or both, to knowingly falsify any information on such statement; (G) The owners signature and the date of the transaction; (H) The name and address of the business acquiring the vessel; (I) A certification by the business that $750.00 or less was paid to acquire the vessel; and (J) The business agents signature and date along with a printed name and title if the agent is signing on behalf of a corporation. (3) The person taking possession of the vessel for scrap metal or parts only or to scrap, dismantle, or demolish a vessel shall mail or otherwise deliver the statement required under paragraph (2) of this subsection to the commissioner within 72 hours of the completion of the transaction, requesting that the commissioner cancel the Georgia certificate of title and registration. (4) Any insurance company which acquires a damaged vessel by virtue of having paid a total loss claim shall mail or deliver the certificate of title to the commissioner for cancellation. In every case in which a total loss claim is paid and the insurance company does not acquire such damaged vessel, the vessel owner shall mail or deliver the certificate of title to the commissioner for cancellation. If the certificate of title has been lost, destroyed, or misplaced, the vessel owner shall, prior to payment of the claim on such vessel, obtain a replacement title. If the security interest holder or lienholder has possession of the certificate of title, the insurance company shall thereafter mail or deliver notification to the commissioner of the payment of the total loss claim and the name and address of the security interest holder or lienholder in possession of the title. The commissioner shall mail notice to the security interest holder or lienholder that a total loss claim has been paid on the vessel and that the title to such vessel has been canceled, provided that the validity of the security interest 3218 JOURNAL OF THE SENATE shall not be affected by issuance of a salvage certificate of title. The security interest holder or lienholder shall, within ten days after receipt of such notice of total loss claim and cancellation of the original certificate of title, mail or deliver the canceled original certificate of title to the commissioner. (b) Except as provided in subsection (a) of this Code section, any person, firm, or corporation which purchases or otherwise acquires a salvage vessel shall apply to the commissioner for a salvage certificate of title for such vessel within 30 days of the purchase or acquisition of the vessel if the person, firm, or corporation intends to operate or to sell, convey, or transfer the vessel for any purpose other than scrapping, dismantling, or demolition; and no such person, firm, or corporation shall sell, transfer, or convey a salvage vessel until such person, firm, or corporation has applied for and obtained a salvage certificate of title. The application for a salvage certificate of title shall be made in a manner to be prescribed by the commissioner. Any certificate of title which is issued to a salvage vessel, as provided for in this Code section, shall contain the word 'salvage' on the face of the certificate in such a manner as the commissioner may prescribe, so as to indicate clearly that the vessel described is a salvage vessel. (c) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant to this Code section, may issue an administrative fine not to exceed $1,000.00 for each violation whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated under this Code section. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file in the superior court (1) of the county wherein the person under order resides; (2) if such person is a corporation, of the county wherein the corporation maintains its principal place of business; or (3) of the county wherein the violation occurred a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance with the final order and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto. (d) The Commissioner of Insurance is authorized to enforce the provisions of this Code section to the extent such provisions are applicable to insurers under the jurisdiction of MONDAY, MARCH 31, 2008 3219 the Insurance Department. The Commissioner of Insurance is also authorized to cooperate with the commissioner in enforcing this Code section and to provide the commissioner with any information acquired by the Commissioner of Insurance during any investigation or proceeding involving this Code section. Nothing in this subsection shall be construed to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers. (e) It shall be unlawful for any person, firm, or corporation to violate the provisions of subsection (a) or (b) of this Code section; and any person, firm, or corporation convicted of violating such provisions shall be guilty of a misdemeanor. Any owner of a salvage vessel who transfers or attempts to transfer such vessel without obtaining a salvage certificate of title for such vessel shall be guilty of a misdemeanor of a high and aggravated nature, punishable by a fine not to exceed $5,000.00. Any security interest holder or lienholder who, after notice by the commissioner of payment of a total loss claim and cancellation of the title of a vessel, fails or refuses to return the title to the commissioner or who surrenders the title to anyone other than the commissioner shall be guilty of a misdemeanor of a high and aggravated nature, punishable by a fine not to exceed $5,000.00. (f) The registered owner who retains possession of a salvage vessel to whom a total loss claim has been paid shall promptly remove the registration number from such vessel. An insurer which pays a total loss claim shall, on a form prescribed by the commissioner, notify the owner of the duty to remove such registration number. 52-7A-22. (a) An application for a certificate of title shall be accompanied by the required fee when mailed or delivered to the commissioner or a designated agent. (b) An application for the naming of a lienholder on a certificate of title shall be accompanied by the required fee when mailed or delivered to the commissioner or a designated agent. (c) The commissioner shall be paid a fee of $18.00 for the filing of an application for any certificate of title. The commissioner may, by appropriate regulation, provide for additional fees not to exceed $18.00 for the special handling of applications for certificates of title and related documents. The commissioner shall be paid a fee of $8.00 for the filing of an application for a replacement certificate of title. The fee for issuance of a replacement certificate of title shall be the same whether mailed or delivered to the commissioner or an agent. (d) The above fees shall be required of all applicants except the State of Georgia and the United States of America. 52-7A-23. The commissioner is authorized to utilize the services of persons appointed as county tag agents under Code Section 40-2-23. The county tag agents shall retain a fee of $7.00 for each application handled, such fee to be disposed of as other tag fees retained by him or her as tag agent are disposed of in his or her county. Any applicant for a title 3220 JOURNAL OF THE SENATE shall have the right to mail the application directly to the department. 52-7A-24. (a) All county tag agents accepting and handling title applications shall endeavor to submit such applications and related sums of money to which the department is entitled to the commissioner on a daily basis. All reports of title applications handled and related sums of money collected to which the department is entitled must be submitted to the commissioner within seven calendar days from the close of the business day during which such applications were handled and related sums of money collected. (b) Funds received as a result of handling title applications shall be considered trust funds in the hands of the tag agents until such time as they are paid over to the commissioner. (c) Failure to submit the reports or remit the funds within the seven-calendar-day period from the close of the business day as required by this Code section shall result in the penalties imposed by Code Section 48-2-44. (d) Before the expiration of the time period within which a title report is required to be filed with the commissioner or funds remitted to the commissioner, application may be made to the commissioner for an extension. The commissioner is authorized, upon a showing of justifiable cause, to grant up to a ten-day extension from the deadline provided for the performance of the above duties. Only one such extension may be granted with regard to any reports or funds due the commissioner for a specific business day. (e) Proof of mailing within the appropriate time period provided for in this Code section, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the county tag agent has complied in a timely manner with the duties enumerated by this Code section. 52-7A-25. (a) The commissioner shall suspend or revoke a certificate of title, upon notice and reasonable opportunity to be heard in accordance with Code Section 52-7A-6, when authorized by any other provision of law or if the commissioner finds: (1) The certificate of title was fraudulently procured or erroneously issued; or (2) The vessel has been scrapped, dismantled, or destroyed. (b) Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it. (c) When the commissioner suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the commissioner. (d) The commissioner may seize and impound any certificate of title which has been suspended or revoked. 52-7A-26. In instances when an application for title is required to be submitted within a certain MONDAY, MARCH 31, 2008 3221 time period, proof of mailing within the designated period allowed for submission of the documents, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the application was timely submitted. Additionally, when the law provides for a penalty for the untimely submission of a title application, the responsibility for the collection of such penalty shall be that of the commissioner. 52-7A-27. (a) Any person, firm, or corporation which pays a total loss claim on a vessel as a result of such vessels being stolen shall within 15 days of the payment of such total loss claim apply to the commissioner for a transfer of the certificate of title into such persons, firms, or corporations name. No person, firm, or corporation shall sell, transfer, or convey such vessel until the requirements of this Code section have been met. (b) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant to this Code section, may issue an administrative fine not to exceed $1,000.00 for each violation whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated under this Code section. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file in the superior court (1) of the county wherein the person under order resides; (2) if such person is a corporation, of the county wherein the corporation maintains its principal place of business; or (3) of the county wherein the violation occurred a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance with the final order and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto. (c) The Commissioner of Insurance is authorized to enforce the provisions of this Code section to the extent such provisions are applicable to insurers under the jurisdiction of the Insurance Department. The Commissioner of Insurance is also authorized to cooperate with the commissioner in enforcing this Code section and to provide the commissioner with any information acquired by the Commissioner of Insurance during any investigation or proceeding involving this Code section. Nothing in this subsection 3222 JOURNAL OF THE SENATE shall be construed to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers. 52-7A-28. (a) Except as provided in Code Sections 11-9-303, 11-9-316, and 11-9-337, the security interest in a vessel of the type for which a certificate of title is required shall be perfected and shall be valid against subsequent creditors of the owner, subsequent transferees, and the holders of security interests and liens on the vessel by compliance with this chapter. (b)(1) A security interest is perfected by delivery to the commissioner or to the county tag agent of the county in which the seller is located, the county in which the sale takes place, the county in which the vessel is delivered, or the county wherein the vessel owner resides of the required fee and: (A) The existing certificate of title, if any, and an application for a certificate of title containing the name and address of a security interest holder; or (B) A notice of security interest on forms prescribed by the commissioner. (2) The security interest is perfected as of the time of its creation if the initial delivery of the application or notice to the commissioner or local tag agent is completed within 20 days thereafter, regardless of any subsequent rejection of the application or notice for errors; otherwise, as of the date of the delivery to the commissioner or local tag agent. The local tag agent shall issue a receipt or other evidence of the date of filing of such application or notice. When the security interest is perfected as provided for in this subsection, it shall constitute notice to everybody of the security interest of the holder. 52-7A-29. If the owner creates a security interest in a vessel: (1) The owner shall immediately execute the application in the space provided therefor on the certificate of title or on a separate form that the commissioner prescribes, showing the name and address of the security interest holder, and shall deliver the certificate, the application, and the required fee to the security interest holder; (2) The security interest holder shall immediately mail or deliver the certificate of title and application and the required fee to the commissioner or the commissioners appropriate authorized county tag agent within 90 days of the date of creation of the security interest or lien. If the certificate of title and application and the required fee are not mailed or delivered within such time, the security interest holder or lienholder shall be required to pay a $10.00 penalty in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner or the authorized county tag agent for the issuance of title. If the documents are not properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty MONDAY, MARCH 31, 2008 3223 assessed, and the owner of the vessel shall be required to remove immediately the registration number required pursuant to Chapter 7. If the documents have not been resubmitted as required under this paragraph, the registration number shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents; and (3) Upon receipt of the certificate of title, the application, and the required fee, the commissioner or the commissioners duly authorized county tag agent shall issue a new certificate containing the name and address of the security interest holder and of holders of previous unreleased security interests and liens, if any, and shall mail the certificate to the first holder on it. If more than one holder is named on the certificate, the first holder shall comply with subsection (b) of Code Section 52-7A-12 in regard to notifying other holders of the content of the certificate. 52-7A-30. (a) If the owner of a vessel desires to place a second or subsequent security interest against the vessel and the certificate of title on that vessel is being held by a security interest holder or lienholder, the owner shall, on the form prescribed by the commissioner, execute a title application and a notice of the second or subsequent security interest; and the holder of the second or subsequent security interest shall forward such notice and title application, together with a fee as provided by Code Section 52-7A-22, by certified mail or statutory overnight delivery, return receipt requested, to the first holder of a security interest or lien who has custody of the certificate of title. The notice of such second or subsequent security interest shall contain on its face instructions to the security interest holder or lienholder having custody of the certificate of title directing such custodial security interest holder or lienholder within ten days to forward the notice, title application, and fee, together with the certificate of title, to the commissioner or the commissioners duly authorized county tag agent in order that the commissioner or authorized county tag agent may issue a new certificate of title and reflect on the certificate of title the subsequent security interest. The first security interest holder or lienholder having possession of the certificate of title shall comply with the instructions contained in the notice. The commissioner or authorized county tag agent, upon receipt of a properly executed application notice, the fee, and the original certificate of title, shall enter the subsequent security interest on such commissioners or authorized county tag agents records and shall issue a new certificate of title and shall then deliver the certificate of title as provided for in this chapter. (b) If the holder of the second or subsequent security interest forwards by registered or certified mail or statutory overnight delivery the title application, notice of the second or subsequent security interest, and fee to the first security interest holder or lienholder who has custody of the certificate of title within ten days of the execution of that second or subsequent security interest, it shall be perfected as of the date it was executed; otherwise, as of the date the notice was forwarded to the first security interest holder or lienholder holding the certificate of title. The second or subsequent security interest 3224 JOURNAL OF THE SENATE holder shall retain the return registered or certified mail or statutory overnight delivery receipt as proof of perfection of the security interest under this Code section. (c) In the event the first security interest holder or lienholder holding the certificate of the title fails, refuses, or neglects to forward the title application, notice, fee, and original certificate of title to the commissioner or the commissioners duly authorized county tag agent as required by this Code section, the holder of the second or subsequent security interest may, on a form prescribed by the commissioner, make direct application to the commissioner or authorized county tag agent. Such direct application to the commissioner or authorized county tag agent shall have attached to it the return registered or certified mail or statutory overnight delivery receipt showing the previous mailing of the title application, fee, and notice to the first security interest holder or lienholder. Upon receipt of such a direct application, the commissioner or authorized county tag agent shall order the first security interest holder or lienholder having custody of the certificate of title to forward the certificate of title to the commissioner or the authorized county tag agent for the purpose of having the second or subsequent security interest entered and a new certificate of title issued. If, after a direct application to the commissioner or authorized county tag agent and the order of the commissioner or authorized county tag agent the first security interest holder or lienholder continues to fail, refuse, or neglect to forward the certificate of title as provided in this Code section, the commissioner or authorized county tag agent may cancel the outstanding certificate of title and issue a new certificate of title reflecting all security interests and liens, including the second or subsequent security interest; and this new certificate of title shall be delivered as provided for in this chapter. (d) As an alternative to mailing notices concerning a second or subsequent security interest; to the commissioner or the commissioners duly authorized county tag agent in accordance with this Code section, the commissioner shall be authorized to permit the transaction to be made by electronic means in accordance with regulations promulgated by the commissioner. (e) No first security interest holder or lienholder having possession of the certificate of title shall have the validity of that security interest or lien affected by surrendering the certificate of title as provided for by this Code section. 52-7A-31. (a) If the lienholder, except the holder of a mechanics lien, perfection of which is prescribed in Code Section 52-7A-32, desires to perfect such lien against a vessel, the lienholder shall, on the form prescribed by the commissioner, execute a title application and a notice of lien stating the type of lien and the specific vessel against which the lien is claimed and shall forward such notice and title application, together with a fee as provided by Code Section 52-7A-22, either personally or by certified mail or statutory overnight delivery, return receipt requested, to the person who has custody of the current certificate of title at the address shown on such certificate of title. If someone other than the owner is holding the certificate of title, a copy of the notice shall also be forwarded to the owner. The lien claimant shall retain the certified mail or statutory MONDAY, MARCH 31, 2008 3225 overnight delivery receipt as proof of compliance with this Code section. (b) After receipt of the notice of lien, as specified in this Code section, neither the owner nor any other person shall take any action affecting the title other than as provided in this Code section. After receipt of the notice of lien, the person holding the certificate of title shall hold the notice of lien and attachments and the title for ten days. If, during the ten-day period following receipt of the notice, the claimed lien is satisfied, the lien claimant shall, on the form prescribed by the commissioner, notify the owner and the person holding the certificate of title of such satisfaction. The notice of satisfaction shall serve as a release and withdrawal of the pending notice of lien. If the owner or person holding the certificate of title chooses to contest the claimed lien, such owner or person holding the certificate of title shall so indicate on the notice of lien form and shall notify the other interested parties. If the notice contesting the lien is given, or if ten days have elapsed without the lien being satisfied, the person holding the certificate of title shall forward the certificate of title together with the notice of lien and attachments thereto to the commissioner or the commissioners duly authorized county tag agent in order that the commissioner or authorized county tag agent shall issue a new certificate of title and reflect on the new certificate of title the lien on the vessel. The owner or the person who has custody of the current certificate of title shall comply with the instructions contained in the notice; and in the event such owner or person having custody of the current title cannot do so, such owner or person having custody of the current title shall notify the lien claimant. The commissioner or authorized county tag agent, upon receipt of a properly executed title application, notice, fee, and the current certificate of title, shall enter the lien on the commissioners or authorized county tag agents records and shall issue a new certificate of title reflecting the lien and shall then deliver the certificate of title as provided for in this chapter. The lien shall be perfected at the time the lien notice, application for title, fee, and current certificate of title are received by the commissioner or authorized county tag agent. (c) In the event that the person who has custody of the current certificate of title fails, refuses, or neglects to forward the title application, notice, fee, and current certificate of title to the commissioner or the commissioners duly authorized county tag agent as required by this Code section, the lien claimant may, if such lien claimants lien has not been satisfied, on a form prescribed by the commissioner, make direct application to the commissioner or authorized county tag agent. Such direct application to the commissioner or authorized county tag agent shall have attached to it the return registered or certified mail or statutory overnight delivery receipt showing the previous mailing of the title application, fee, and notice to the person who has custody of the current certificate of title. Upon receipt of such a direct application, the commissioner or authorized county tag agent shall order the person who has custody of the current certificate of title to forward the certificate of title to the commissioner or authorized county tag agent for the purpose of having the lien entered and a new certificate of title reflecting the lien issued. If, after a direct application to the commissioner or authorized county tag agent and after the order of the commissioner or authorized 3226 JOURNAL OF THE SENATE county tag agent, the person who has custody of the current certificate of title continues to fail, refuse, or neglect to forward the certificate of title as provided in this Code section, the commissioner or authorized county tag agent may cancel the current certificate of title and issue a new certificate of title reflecting all security interests and liens; and this new certificate of title shall be delivered as provided for in this chapter. In the event a direct application is made, the lien shall be perfected as of the date the outstanding certificate of title is canceled. (d) No security interest holder or lienholder having custody of the certificate of title shall have the validity of such security interest holders or lienholders security interest or lien affected by surrendering the certificate of title as provided by this Code section. The first security interest holder or lienholder shall have the responsibility to advise a prospective transferee or security interest holder, upon inquiry, that a notice of subsequent lien has been received. Upon the issuing of a new certificate of title, the commissioner or the commissioners duly authorized county tag agent shall cancel the old certificate of title. (e) A lien perfected under this Code section shall be a lien only against the specific vessel identified in the application for a new certificate. (f) A lien on a vessel for which a certificate of title is required shall be perfected and shall be valid against subsequent transferees and holders of security interests and liens only through compliance with this Code section. The procedure contained in this chapter shall be the exclusive method for the perfection of liens on vessels required to have certificates of title, and no lien shall be effective against such a vessel unless so perfected. 52-7A-32. (a) All mechanics of every sort shall have a special lien on any vessel required to have a certificate of title by Code Section 52-7A-7 for work done, for work done and materials furnished, or for materials furnished in repairing or servicing such vessel. Perfection of the lien by recording shall be as provided in Code Section 52-7A-31. The lien may be asserted by retention of the vessel, and all contracts for repairs or service to vessels shall be deemed to incorporate a right of retention by the mechanic to protect this lien until it is paid or satisfied through foreclosure as provided in this Code section. The lien may also be asserted by surrendering the vessel, giving credit, and foreclosing the lien claim in the manner provided in this Code section. If the mechanic surrenders possession of the vessel to the debtor, the mechanic shall record the claim of lien as provided in Code Section 52-7A-31. Such special lien shall be superior to all liens except for taxes and such other security interests and liens of which the mechanic had actual or constructive notice before the work was done or material furnished. The validity of the lien against third parties shall be determined in accordance with this chapter. (b) If possession is retained or the lien recorded, the owner-debtor may contest the validity of the amount claimed to be due by making written demand upon the lienholder. If upon receipt of such demand the lienholder fails to institute foreclosure MONDAY, MARCH 31, 2008 3227 proceedings within ten days where possession has been retained, or within 30 days where possession has been surrendered, the lien is forfeited. (c) The lien shall be foreclosed in the following manner: (1) A person asserting the lien, either for himself or herself or as a guardian, administrator, executor, or trustee, may move to foreclose it by making an affidavit to a court of competent jurisdiction showing all the facts necessary to constitute a lien under this Code section and the amount claimed to be due; (2) Upon such affidavit being filed, the clerk or a judge of the court shall serve notice upon the owner, the recorded security interest holders and lienholders, and the lessee, if any, of the vessel of a right to a hearing to determine if reasonable cause exists to believe that a valid debt exists, and that such hearing must be petitioned for within five days after receipt of the notice and that, if no petition for such hearing is filed within the time allowed, the lien will conclusively be deemed a valid one and foreclosure thereof allowed; (3) If a petition for a hearing is filed within the time allowed, the court shall set a probable cause hearing within ten days of the filing of the petition. If, at the probable cause hearing, the court determines that reasonable cause exists to believe that a valid debt exists, the mechanic shall be given possession of the vessel or the court shall obtain possession of the vessel, as ordered by the court; provided, however, the owner-debtor may retain possession of the vessel by giving bond and security in the amount determined to be probably due and the costs of the action; (4) Within five days of the probable cause hearing, a defendant shall petition the court for a full hearing on the validity of the debt if a further determination of the validity of the debt is desired. If no such petition is filed, the lien on the amount determined reasonably due shall be conclusively deemed valid and foreclosure allowed; if such a petition is filed, the court shall set a full hearing thereon within 30 days of the filing of the petition. Upon the filing of such petition by the defendant, neither the prosecuting mechanic nor the court may sell the vessel, although possession of the vessel may be retained; (5) If, after a full hearing, the court finds that a valid debt exists, then the court shall authorize foreclosure upon and sale of the vessel subject to the lien to satisfy the debt if the debt is not otherwise immediately paid; (6) If the court finds the actions of the mechanic in retaining or seeking possession of the vessel were not taken in good faith, the court, in its discretion, may award damages to the owner, the lessee, or any person deprived of the rightful use of the vessel due to the deprivation of the use of the vessel; and (7) Any proceeding to foreclose a mechanics lien on a vessel must be instituted within one year from the time the lien is recorded or is asserted by retention. 52-7A-33. (a) The holder of any security interest in or lien on a vessel may assign, absolutely or otherwise, such holders security interest or lien to a person other than the owner without affecting the interest of the owner or the validity of the security interest or lien; 3228 JOURNAL OF THE SENATE but any person without notice of the assignment is protected in dealing with the holder of the security interest or lien, and the holder of the security interest or lien remains liable for any obligations as such holder until the assignee is named as the holder of the security interest or lien on the certificate of title. (b) The assignee may, but need not to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as holder of a security interest or lien upon delivering to the commissioner or the commissioners duly authorized county tag agent the certificate and assignment by the holder of a security interest or lien named in the certificate in the form the commissioner prescribes, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digital signature so long as appropriate security measures are implemented which assure security and verification of the digital signature process, in accordance with regulations promulgated by the commissioner. If the assignment refers to a security interest or lien which is reflected on the certificate of title and the certificate of title is in the possession of the first security interest holder or lienholder as provided by this chapter, the assignee may, but need not to perfect the assignment, have the certificate of title endorsed, or a new certificate of title issued, by complying with Code Section 52-7A-13. 52-7A-34. (a)(1) If any security interest or lien listed on a certificate of title is satisfied, the holder thereof shall, within ten days after demand, execute a release in the form the commissioner prescribes and mail or deliver the release to the owner, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digital signature so long as appropriate security measures are implemented which assure security and verification of the digital signature process, in accordance with regulations promulgated by the commissioner. For the purposes of the release of a security interest or lien, the 'holder' of the security interest or lien is the parent bank or other lending institution; and any branch or office of the parent institution may execute such release. (2) If the commissioner has entered into an agreement with such a security interest holder or lienholder to provide a means of delivery by secure electronic measures of a notice of the recording of such security interest or lien, at such time as the security interest or lien is released, by secure electronic measures, the certificate of title may be printed and mailed or delivered to the next security interest holder or lienholder or, if there is no other security interest holder or lienholder, to the owner without payment of any fee required by Code Section 52-7A-22. (b) The owner may then forward the certificate of title, the release, the properly executed title application, and title application fee to the commissioner or the commissioners duly authorized county tag agent, and the commissioner or authorized county tag agent shall release the security interest or lien on the certificate or issue a new certificate and mail or deliver the certificate to the owner. If the satisfied security interest or lien is one reflected on the certificate of title but the certificate of title is in the custody of the first security interest holder or lienholder as provided by this chapter, MONDAY, MARCH 31, 2008 3229 the release may be handled as provided in Code Section 52-7A-13, and Code Section 52-7A-12 shall otherwise be complied with. In the event that the security interest holder or lienholder is no longer in business, an individual shall not be required to submit a release to secure a new certificate of title. The owner shall be required to present to the commissioner or authorized county tag agent certification from the appropriate regulatory agency that such security interest holder or lienholder is no longer in business. (c) Any lien or security interest shall be considered satisfied and release shall not be required after ten years from the date of issuance of a title on which such security interest or lien is listed. None of the provisions of this Code section shall preclude the perfection of a new security agreement or lien, or the perfection of an extension of a security agreement or lien beyond a period of ten years, by application for a new certificate of title on which such security agreement or lien is listed. In order to provide for the continuous perfection of a security interest or lien originally entered into for a period of more than ten years, an application for a second title on which the security interest or lien is listed must be submitted to the commissioner or the commissioners duly authorized tag agent before ten years from the date of the original title on which such security interest or lien is listed. Otherwise the security interest or lien shall be perfected as of the date of receipt of the application by the commissioner or the commissioners duly authorized county tag agent. 52-7A-35. The holder of any security interest or lien named in a certificate of title shall, on written request of the owner, another holder of any security interest or lien named in the certificate, an interested third party, or the commissioner, disclose any information pertinent to the security interest, the security agreement, and the debt secured thereby and the lien and the amount for which it is claimed. 52-7A-36. The method provided in this chapter of perfecting and giving notice of security interests and liens with respect to vessels for which certificates of title must be obtained under this chapter is exclusive, and such security interests and liens are exempt from the provisions of law which otherwise require or relate to the recording or filing of security interests or liens, claims of lien executions, and other like instruments with respect to such vessels. 52-7A-37. This chapter shall not apply to or affect a security interest in a vessel created by a manufacturer or dealer who holds the vessel for sale. A buyer in the ordinary course of trade with the manufacturer or dealer takes free of such security interest. 52-7A-38. Notwithstanding any other provision of law, a transaction does not create a sales or 3230 JOURNAL OF THE SENATE security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the vessel. 52-7A-39. Notwithstanding any other provision of law to the contrary, in any claim involving the total loss of a vessel which is subject to more than one perfected security interest or lien as recorded on the title of the vessel, the proceeds of the insurance policy shall be first applied to the debt owed to the first lienholder. In the event that there are proceeds remaining after satisfying the first lienholder, the proceeds shall be then applied to the debt owed to the second and subsequent lienholders in order of priority and any proceeds remaining after the satisfaction of all such recorded liens shall be paid to the insured. If the amount of debt secured by such security interests or liens or the seniority of such security interests or liens is in doubt, any remaining funds shall be deposited with the court and a complaint for interpleader shall be filed in accordance with Code Section 9-11-22. 52-7A-40. A person who, with fraudulent intent: (1) Alters, forges, or counterfeits a certificate of title under this chapter; (2) Alters or forges an assignment of a certificate of title or an assignment or release of a security interest on a certificate of title or a form the commissioner prescribed under this chapter; (3) Has possession of or uses a certificate of title under this chapter knowing it to have been altered, forged, or counterfeited; (4) Uses a false or fictitious name or address or makes a material false statement, fails to disclose a security interest, or conceals any other material fact in an application for a certificate of title under this chapter; (5) Alters or forges a notice of a transaction concerning a security interest or lien reflected on the certificate of title as provided by Code Section 52-7A-13; or (6) Willfully violates any other provision of this chapter after having previously violated the same or any other provision of this chapter and having been convicted of that act in a court of competent jurisdiction shall be guilty of a felony. 52-7A-41. (a) A person who: (1) With fraudulent intent permits another, not entitled thereto, to use or have possession of a certificate of title under this chapter; (2) Willfully fails to mail or deliver a certificate of title to the commissioner or to the purchaser of the vessel or a release of security interest or lien to the owner within ten days of the time required by this chapter, except as provided in Code Section 52-7A40; MONDAY, MARCH 31, 2008 3231 (3) Willfully fails or refuses to mail or deliver the certificate of title to the commissioner within ten days after having received a notice, as provided for in Code Section 52-7A-13 or 52-7A-30; or (4) Willfully violates any other provision of this chapter shall be guilty of a misdemeanor. (b) Any person, firm, or corporation which knowingly makes any false statement in any title application concerning the date a vessel was sold or acquired or the date of creation of a security interest or lien shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.00 or imprisoned for a period not to exceed 30 days. (c) Any person, firm, or corporation which delivers or accepts a certificate of title assigned in blank shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.00 or imprisoned for a period not to exceed 30 days for the acceptance or delivery of each certificate of title assigned in blank. 52-7A-42. A person who knowingly makes a false report to a peace officer or the commissioner of the theft or conversion of a vessel shall be guilty of a misdemeanor of a high and aggravated nature. 52-7A-43. In a prosecution for a crime specified in this chapter, evidence that the defendant has committed a prior act or acts of the same kind is admissible to prove criminal intent or knowledge. 52-7A-44. Unless another penalty is provided in this chapter: (1) A person convicted of a felony for the violation of a provision of this chapter 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 year nor more than five years, or by both such fine and imprisonment; and (2) A person convicted of a misdemeanor for the violation of a provision of this chapter shall be punished as provided in Code Section 17-10-3. 52-7A-45. The penal provisions of this chapter in no way repeal or modify any existing provision of criminal law but are additional and supplementary thereto." SECTION 2. Said title is further amended by revising subsections (a), (d), (e), (f), (g), (j), (k), and (m) of Code Section 52-7-5, relating to numbering of vessels, as follows: "(a) The owner of each vessel required to be numbered by this article shall file an application for number with the department commissioner of revenue on forms 3232 JOURNAL OF THE SENATE approved by it. Upon receipt of the application in approved form, the department commissioner of revenue shall enter the application upon its the records of the Department of Revenue and issue to the applicant a certificate of number stating the number assigned to the vessel, the name and address of the owner, and such additional information as may be prescribed by the department commissioner of revenue." "(d) Change of ownership. (1) Should the ownership of a numbered vessel change while the registration is in effect, a new application form with a transfer fee of $3.00 shall be filed with the department commissioner of revenue, and a new certificate of number shall be issued to the new owner in the same manner as provided for in the original assignment of number. The number assigned shall be identical with to the previous one. The year of expiration shall remain the same and the date of expiration shall be determined by the date of birth of the new owner. (2) Should the transfer occur in the year of expiration after the month of the new owners birth, the prescribed fee for the three-year registration must accompany the application form and the $3.00 transfer fee. (3) Should the ownership of a numbered vessel change after the registration has lapsed, a new application form with the prescribed fee for the three-year registration shall be filed with the department commissioner of revenue. A new certificate shall be issued to the new owner. Upon receipt by the department commissioner of revenue of a specific request from the new owner and payment of a fee of $3.00, the number assigned shall be identical with to the previous one unless it has been reassigned during the lapsed period. If the number has been reassigned during the lapsed period, the new owners fee shall be returned with the new certificate of registration. (e) In the event that an agency of the United States government shall have in force an overall system of identification (numbering) for vessels within the United States, the numbering system employed pursuant to this article by the department commissioner of revenue shall be in conformity therewith. (f) The department commissioner of revenue may issue any certificate of number directly or may authorize any person to act as agent for the issuing thereof. In the event that a person accepts such authorization, he or she may be allotted a block of numbers and certificates therefor which, upon assignment and issue in conformity with this article and with any rules and regulations of the department commissioner of revenue, shall be valid as if assigned and issued directly by the department commissioner of revenue. Any person acting as agent for the department commissioner of revenue may charge a fee for his or her services in an amount approved by the department commissioner of revenue not to exceed $10.00 per transaction. (g) All records of the department commissioner of revenue made or kept pursuant to this Code section shall be public records." "(j) The owner shall furnish the department commissioner of revenue written notice of the transfer of all or of any part of his or her interest, other than the creation of a security interest, in a vessel numbered in this state pursuant to this Code section, the MONDAY, MARCH 31, 2008 3233 theft or recovery of the vessel, or the destruction or abandonment of the vessel within 15 days thereof. (k) Any holder of a certificate of number shall notify the department commissioner of revenue in writing within 15 days if his or her address no longer conforms to the address appearing on the certificate and shall, as a part of such notification, furnish the department commissioner of revenue with his or her new address." "(m)(1) A certificate of number once issued pursuant to this Code section shall be considered void upon the happening of any one of the following events: (A) The owner transfers all his or her interest in said vessel to another person or involuntarily loses his or her interest through legal process; (B) The vessel is destroyed or abandoned; (C) It is discovered by the department commissioner of revenue that the application submitted by the owner contains false or fraudulent information; (D) The fees for issuance are not paid by the applicant; or (E) The state of principal use is changed. (2) A void certificate must be surrendered to the department commissioner of revenue within 15 days from the date that it becomes or is declared to be void." SECTION 3. Said title is further amended by adding a new Code section to read as follows: "52-7-5.1. (a) The tax collectors of the various counties of this state and the tax commissioners of those counties in which the duties of the tax collector are performed by a tax commissioner shall be designated as agents of the commissioner of revenue for the purpose of accepting applications for the registration of vessels. The commissioner of revenue is authorized to promulgate rules and regulations for the purpose of delegating to such agents the custodial responsibility for properly receiving, processing, issuing, and storing vessel titles or registrations, or both. (b) The duties and responsibilities of agents of the commissioner of revenue designated under this Code section shall be a part of the official duties and responsibilities of the county tax collectors and tax commissioners." SECTION 4. Said title is further amended by revising paragraph (7) of Code Section 52-7-6, relating to exemptions from numbering requirements, as follows: "(7) A vessel belonging to a class of boats which has been exempted from numbering by the department commissioner of revenue after the department commissioner of revenue 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 3234 JOURNAL OF THE SENATE federal law;". SECTION 5. Said title is further amended by revising Code Section 52-7-7, relating to numbering of dealers vessels, as follows: "52-7-7. (a) Any dealer may obtain certificates of number to be used only for the purpose of testing or demonstrating vessels owned by the dealer. The fee for the first certificate of number issued to any dealer for each vessel classification shall be the same fee as prescribed in subsection (c) of Code Section 52-7-5 and the dealer may then be issued additional certificates of number for testing and demonstrating purposes at a reduced fee as provided by the board commissioner of revenue. The amount of the reduced fee shall be determined by the board commissioner of revenue and shall be a reasonable approximation of the cost of producing and distributing the certificates of number and may be changed from time to time. (b) Dealers shall be authorized to transfer certificates of number issued pursuant to this Code section from one vessel to another vessel in the same classification. (c) Any dealer desiring certificates of number shall make application for them on standard vessel registration forms which shall be accompanied by an affidavit stating that the applicant is a vessel dealer or manufacturer. (d) Numbers assigned by such certificates shall be temporarily placed on vessels within the certificates class range whenever such vessels are being tested or demonstrated and must be plainly marked 'DEALER.' Such temporary placement of numbers shall be as the board commissioner of revenue shall provide by regulation." SECTION 6. Said title is further amended by revising subsection (c) of Code Section 52-7-7.1, relating to hull identification numbers required, as follows: "(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 commissioner of revenue." SECTION 7. Said title is further amended by revising subsection (a) of Code Section 52-7-7.3, relating to seizure of vessels without hull identification numbers, as follows: "(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 determined, the vessel, and any items used while towing said vessel, may be seized as MONDAY, MARCH 31, 2008 3235 contraband property by a law enforcement agency or the department commissioner of revenue and shall be subject to forfeiture. Such vessel shall not be sold or operated on the waters of the state unless the department commissioner of revenue: (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." SECTION 8. Said title is further amended by revising subsection (d) of Code Section 52-7-7.4, relating to report by law enforcement agency of seizure of property, as follows: "(d) Prior to the vessel being sold or returned to the owner or otherwise disposed of, the department commissioner of revenue shall assign it a new hull identification number in accordance with federal law." SECTION 9. Said title is further amended by revising paragraph (2) of Code Section 52-7-70, relating to definitions regarding abandoned vessels, as follows: "(2) 'Owner' means the owner, lessor, lessee, security interest holders, and all lienholders as shown on the records of the Department of Natural Resources Revenue." SECTION 10. Said title is further amended by revising subsections (e), (e.1), (i), and (j) of Code Section 52-7-71, relating to removal and storage of vessels, as follows: "(e) If the person identified as the owner fails to redeem such vessel as described in subsection (d) of this Code section, or if a vessel being repaired by a repair facility or being stored by an insurance company providing insurance to cover damages to the vessel becomes abandoned, the person removing or storing such vessel shall, within seven calendar days of the day such vessel became an abandoned vessel, give notice in writing, by sworn statement, to the Department of Natural Resources, the Department of Revenue, and the Georgia Bureau of Investigation, stating the vessel certificate of number, the hull identification number, the fact that such vessel is an abandoned vessel, the model, year, and make of the vessel, if known or if readily ascertainable, the date the vessel became an abandoned vessel, the date the vessel was removed, and the present location of such vessel and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vessel. If a person removing or storing the vessel has knowledge of facts which reasonably indicate that the vessel is registered or titled in a certain other state, such person shall check the vessel records of that other state in the attempt to ascertain the identity of the owner of 3236 JOURNAL OF THE SENATE the vessel. (e.1)(1)(A) Upon notice to the Department of Natural Resources and the Department of Revenue as described in subsection (e) of this Code section, then the commissioner of revenue may revoke, suspend, deny, or refuse to renew any vessel certificate of number or required by this title and the commissioner may revoke, suspend, deny, or refuse to renew any commercial fishing boat license required by this title or Title 27 which is held by or has been applied for by the person, until all fees connected with removal and storage of the vessel have been paid and any lien acquired under Code Section 52-7-73 for such fees has been satisfied. The person shall be notified of the proposed order for revocation, suspension, denial, or nonrenewal personally or by a letter sent by certified mail or statutory overnight delivery to the name and address indicated on the application for the certificate of number or license, or both. The proposed order for revocation, suspension, denial, or nonrenewal shall become final 30 days after issuance if not appealed as provided in this paragraph. (B) Any person whose vessel certificate of number or commercial fishing boat license is proposed for revocation, suspension, denial, or nonrenewal under this paragraph 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 or the commissioner of revenue as defendant, as appropriate, and must be filed within 30 days from the date the notice of the proposed order was sent. The person filing the appeal shall neither be required to post any bond nor to pay the costs in advance. If the person so desires, the appeal may be heard by the judge at term or in chambers or by a jury at the first term. The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or acts of the department Department of Revenue. (2)(A) Upon notice to the Department of Natural Resources Revenue as described in subsection (e) of this Code section, and delivery of a copy of such notice to the state revenue commissioner, then the state revenue commissioner may revoke, suspend, deny, or refuse to renew any motor vehicle registration required by Title 40 which is held by or has been applied for by the person, until all fees connected with removal and storage of the vessel have been paid and any lien acquired under Code Section 52-7-73 for such fees has been satisfied. The person shall be notified of the proposed order for revocation, suspension, denial, or nonrenewal personally or by a letter sent by certified mail or statutory overnight delivery to the name and address indicated on the application for the registration. The proposed order for revocation, suspension, denial, or nonrenewal shall become final 30 days after issuance if not appealed as provided in this paragraph. (B) Any person whose motor vehicle registration is proposed for revocation, suspension, denial, or nonrenewal under this paragraph 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 state revenue commissioner as defendant and must be filed within 30 days from the date the MONDAY, MARCH 31, 2008 3237 notice of the proposed order was sent. The person filing the appeal shall neither be required to post any bond nor to pay the costs in advance. If the person so desires, the appeal may be heard by the judge at term or in chambers or by a jury at the first term. The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or acts of the department Department of Revenue." "(i) Any person storing a vessel under the provisions of this Code section shall notify the Department of Natural Resources Revenue and the Georgia Bureau of Investigation if the vessel is recovered, is claimed by the owner, is determined to be stolen, or is for any reason no longer an abandoned vessel. Such notice shall be provided within seven calendar days of such event. (j) If vessel information on the abandoned vessel is not in the files of the Department of Natural Resources Revenue, the department commissioner of revenue may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vessel." SECTION 11. Said title is further amended by revising Code Section 52-7-72, relating to authority of peace officer to cause removal of unattended vessels, as follows: "52-7-72. (a) Any peace officer who finds a vessel which has been left unattended in or upon any public waters or other public property for a period of at least five days, if such peace officer reasonably believes that the person who left such vessel unattended does not intend to return and remove such vessel, shall notify the Department of Natural Resources Revenue of such finding in accordance with subsection (d) of this Code section and may cause such vessel to be removed to a garage or other place of safety. (b) Any peace officer who finds a vessel which has been left unattended in or upon any public waters or other public property, when such vessel poses a threat to public health or safety, shall notify the Department of Natural Resources Revenue of such finding in accordance with subsection (d) of this Code section and may immediately cause such vessel to be removed to a garage or other place of safety. (c) Any peace officer who, under the provisions of this Code section, causes any vessel to be removed to a garage or other place of safety shall be liable for gross negligence only. (d)(1) Any peace officer who finds a vessel under such conditions as described in subsection (a) or (b) of this Code section shall within 72 hours from the time of such finding: (A) Notify the Department of Natural Resources Revenue and the Georgia Crime Information Center of the description of the vessel, whether the vessel has been removed or not, and, if removed, the location to which such vessel has been removed; and (B) If available on the Georgia Crime Information Center Network, determine the name and address of the last known registered owner of such vessel. If vessel information is not in the files of the Department of Natural Resources 3238 JOURNAL OF THE SENATE Revenue, the department commissioner of revenue may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vessel. (2) If any such vessel is determined to be a stolen vessel, the local law enforcement officer or agency shall notify the Georgia Crime Information Center and the owner, if known, of the location of such vessel within 72 hours after receiving notice that such vessel is a stolen vessel. (3) If the vessel is removed and the name and address of the last known registered owner of the vessel is obtained from the Georgia Crime Information Center, the peace officer who causes the vessel to be removed shall, within three calendar days of removal, make available to the person removing such vessel the name and address of the last known registered owner of such vessel. If such information is not available, the peace officer shall, within three calendar days of removal, notify the person removing or storing such vessel of such fact." SECTION 12. Said title is further amended by revising Code Section 52-7-72.1, relating to penalty for failing to remove unattended vessel, as follows: "52-7-72.1. (a)(1) If any vessel for which the Department of Natural Resources, the Department of Revenue, and the Georgia Crime Information Center have received notice pursuant to subsection (d) of Code Section 52-7-72 has not been removed and is determined not to be a stolen vessel, the commissioner and commissioner of revenue may proceed to take action against the owner as provided by this Code section. (2) If any vessel for which the Department of Natural Resources, the Department of Revenue, and the Georgia Crime Information Center have received notice pursuant to subsection (d) of Code Section 52-7-72 has been removed, the provisions of this Code section shall not apply and the provisions of Code Section 52-7-71 shall apply instead. (b)(1)(A) Upon notice to the Department of Natural Resources and the Department of Revenue, as described in subsection (d) of Code Section 52-7-72, then the commissioner of revenue may revoke, suspend, deny, or refuse to renew any vessel certificate of number or required by this title and the commissioner of natural resources may revoke, suspend, deny, or refuse to renew any commercial fishing boat license required by this title or Title 27 which is held by or has been applied for by a person who owns the vessel, until the owner restores and resumes operation of the vessel or removes it from public waters or public property. The person shall be notified of the proposed order for revocation, suspension, denial, or nonrenewal personally or by a letter sent by certified mail or statutory overnight delivery to the name and address indicated on the application for the certificate of number or license, or both. The proposed order for revocation, suspension, denial, or nonrenewal shall become final 30 days after issuance if not appealed as provided in this paragraph. (B) Any person whose vessel certificate of number or commercial fishing boat MONDAY, MARCH 31, 2008 3239 license is proposed for revocation, suspension, denial, or nonrenewal under this paragraph 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 of revenue as defendant and must be filed within 30 days from the date the notice of the proposed order was sent. The person filing the appeal shall neither be required to post any bond nor to pay the costs in advance. If the person so desires, the appeal may be heard by the judge at term or in chambers or by a jury at the first term. The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or acts of the department commissioner or commissioner of revenue, as applicable. (2)(A) Upon notice to the Department of Natural Resources Revenue as described in subsection (d) of Code Section 52-7-72, and delivery of a copy of such notice to the state revenue commissioner, then the state revenue commissioner may revoke, suspend, deny, or refuse to renew any motor vehicle registration required by Title 40 which is held by or has been applied for by a person who owns the vessel, until the owner restores and resumes operation of the vessel or removes it from public waters or public property. The person shall be notified of the proposed order for revocation, suspension, denial, or nonrenewal personally or by a letter sent by certified mail or statutory overnight delivery to the name and address indicated on the application for the registration. The proposed order for revocation, suspension, denial, or nonrenewal shall become final 30 days after issuance if not appealed as provided in this paragraph. (B) Any person whose motor vehicle registration is proposed for revocation, suspension, denial, or nonrenewal under this paragraph 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 state revenue commissioner as defendant and must be filed within 30 days from the date the notice of the proposed order was sent. The person filing the appeal shall neither be required to post any bond nor to pay the costs in advance. If the person so desires, the appeal may be heard by the judge at term or in chambers or by a jury at the first term. The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or acts of the department commissioner of revenue." SECTION 13. Said title is further amended by revising Code Section 52-7-76, relating to issuance of certificate of title, as follows: "52-7-76. The purchaser at a sale as authorized in this article shall receive a certified copy of the court order authorizing such sale. Any such purchaser may obtain a certificate of title to such vessel by filing the required application, paying the required fees, and filing a certified copy of the order of the court with the Department of Natural Resources Revenue. The Department of Natural Resources Revenue shall then issue a certificate of title, which shall be free and clear of all liens and encumbrances." 3240 JOURNAL OF THE SENATE SECTION 14. Sections 1, 13, 14, and 15 of this Act shall become effective on July 1, 2009. The remaining sections shall become effective on July 1, 2013. SECTION 15. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Chapman Y Cowsert Y Davenport Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith E Staton E Stoner Y Tarver Y Tate Y Thomas,D Thomas,R E Thompson,C Y Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 46, nays 0. HB 1000, having received the requisite constitutional majority, was passed by substitute. HB 1113. By Representatives Heard of the 104th, Rynders of the 152nd, Houston of the 170th, Morris of the 155th, Royal of the 171st and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title MONDAY, MARCH 31, 2008 3241 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, so as to provide definitions; to provide for the requirements of a state purchasing card program; to provide penalties for violators; to authorize the promulgation of rules and regulations; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Seabaugh of the 28th. The Senate Government Oversight Committee offered the following substitute to HB 1113: A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, so as to prohibit the use of state funds by purchase orders, government contracts, credits cards, charge cards, or debit cards, or other such payment vehicles for personal benefit or gain; to provide definitions; to provide for the requirements of a state purchasing card program; to provide penalties for violators; to authorize the promulgation of rules and regulations; to amend Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to reimbursements for public officers and employees, so as to prohibit state officers and employees from misappropriating advances of public funds, submitting fraudulent reimbursement requests, or approving fraudulent reimbursement requests; to provide for penalties; to provide for related matters; to provide for effective dates and applicability; 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 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, is amended by revising Code Section 50-5-80, relating to personal purchases or sales through the department for individual ownership, all department purchases remaining state property, penalty, and applicability, as follows: "50-5-80. (a) As used in this Code section, the term 'person' includes natural persons, firms, partnerships, corporations, or associations. (b) It shall be unlawful for any employee or official of the state or any other person to purchase, directly or indirectly, through the Department of Administrative Services, or through any office, agency, department, board, bureau, commission, institution, authority, or other entity of the state, any article, material, merchandise, ware, 3242 JOURNAL OF THE SENATE commodity, or other thing of value for the personal or individual ownership of himself or herself or other person or persons. All articles, materials, merchandise, wares, commodities, or other things of value purchased, directly or indirectly, by or through the Department of Administrative Services or by or through any office, agency, department, board, bureau, commission, institution, authority, or other entity of the state shall be and remain the property of the state until sold or disposed of by the state in accordance with the laws governing the disposition or sale of other state property person to obtain for his or her own personal benefit, or for the benefit of any other person, any goods, services or other things of value, through any resource or method established pursuant to this article, including, but not limited to, purchase orders, government contracts, credit cards, charge cards, or debit cards. (c)(1) It shall be unlawful for any person knowingly to sell or deliver any article, material, merchandise, ware, commodity, or other thing of value to any person, directly or indirectly, by or through the Department of Administrative Services or by or through any office, agency, department, board, bureau, commission, institution, authority, or other entity of the state for the individual and personal ownership of such person or other person or persons except that property of the state may be sold or otherwise disposed of in accordance with the laws governing the sale or other disposition of state property. Any person who violates subsection (b) of this Code section by obtaining any goods, services, or other things of value in the aggregate value of less than $500.00 shall be guilty of a misdemeanor of a high and aggravated nature which shall be punishable by not more than 12 months imprisonment and a fine not to exceed $5,000.00. In addition to the foregoing criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution to the state equal to the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each unlawful purchase was made. (2) Any person who violates subsection (b) of this Code section by obtaining any goods, services, or other things of value in the aggregate value of $500.00 or more shall be guilty of a felony which shall be punishable by not less than one nor more than 20 years imprisonment and a fine not to exceed $50,000.00 or triple the amount of such unlawful purchases, whichever is greater. In addition to the foregoing criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution equal to the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each such unlawful purchase was made. If any person who is convicted of a felony pursuant to this subsection is a participant in any government funded retirement system, such persons retirement benefits shall be paid to the state until such fines, restitution, and interest have been paid in full. (d)(1) Any person who violates any provision of this Code section shall be guilty of a misdemeanor. Any person who knowingly assists another person in violating subsection (b) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature which shall be punishable by not more than 12 months MONDAY, MARCH 31, 2008 3243 imprisonment and a fine not to exceed $5,000.00 if the unlawfully purchased goods, services, or other things of value are valued in the aggregate of less than $500.00. In addition to such criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution equal to the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each unlawful purchase was made. (2) Any person who knowingly assists another person in violating subsection (b) of this Code section shall be guilty of a felony which shall be punishable by not less than one nor more than 20 years imprisonment and a fine not to exceed $50,000.00 or triple the amount of the unlawful purchases, whichever is greater, if the goods, services, or other things of value are in the aggregate value of $500.00 or more. In addition to such criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution for the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each unlawful purchase was made. If any person who is convicted of a felony pursuant to this subsection is a participant in any government funded retirement system, such persons retirement benefits shall be paid to the state until such fines, restitution, and interest have been paid in full. (e) This Code section shall not apply to any official employee purchase program for technology resources facilitated by and through the Georgia Technology Authority for state employees and public school employees of county or independent boards of education." SECTION 2. Said part is further amended by adding a new Code section to read as follows: "50-5-83. (a) As used in this Code section, the term: (1) 'Department' means the Department of Administrative Services. (2) 'Purchasing card' means a credit or debit card issued by a credit card company, bank, or other financial institution and provided by the State of Georgia or any of its departments or agencies under the State of Georgia Purchasing Card Program to state employees for the purpose of making purchases on behalf of such departments or agencies or the state. (b) Any purchasing card program established by the department or by any other department or agency of the state shall conform to the following requirements: (1) Purchasing cards shall only be issued to state employees whose job duties require the use of a purchasing card; (2) Each department or agency of the state that allows the use of purchasing cards by its employees shall develop policies and procedures consistent with guidelines developed by the department pursuant to this Code section to identify those job positions within each department or agency of the state that would require the use of a purchasing card; (3) Each employee receiving a purchasing card shall be required to sign an ethical behavior agreement for the use of the card which shall be developed by the 3244 JOURNAL OF THE SENATE department; (4) Each department or agency of the state that allows its employees to use purchasing cards shall provide for the review of all purchases on such cards, shall maintain receipts for each purchase, and shall maintain a log showing each purchase, the relevant vendors name, the item purchased, the date of the purchase, the amount of the purchase, the name of the employee making the purchase, and any other information that shall be specified by the department; (5) Purchases made on purchasing cards shall be reviewed and approved by supervisory personnel at least quarterly; (6) Purchasing cards shall not be used for items over $5,000.00 unless the item is: (A) Purchased pursuant to a valid state contract; and (B) Purchased in compliance with state procurement policy; (7) Purchasing cards shall not be used to purchase gift cards; (8) Purchasing cards shall not be used to purchase gift cards, alcoholic beverages, tobacco products, or personal items that are not job related, and state contracts for purchasing cards shall contain such prohibitions on the use of such purchasing cards; (9) The department shall develop a training manual on the use of purchasing cards which shall instruct users of purchasing cards on the maximum value utilization of such purchasing cards and employees who use such purchasing cards shall comply with the provisions of such manual; (10) Departments and agencies of the state shall review not less than annually all purchasing cards issued to their employees and shall eliminate purchasing cards for employees who demonstrate consistently low usage of such purchasing cards; (11) Departments and agencies of the state which have more than 100 purchasing cards issued to employees shall establish goals to reduce such number of purchasing cards by at least 10 percent by December 31, 2009; (12) Employees hired for job positions for which purchasing cards are issued shall be subjected to criminal background checks before hiring and a credit check shall be completed by the hiring department or agency on all employees to whom a purchasing card is issued prior to issue; (13) Purchasing cards shall be issued only to employees of departments and agencies of the state and no purchasing cards shall be issued to employees of foundations associated with departments and agencies of the state; (14) Each purchase made with a purchasing card shall be accompanied by a receipt or other documentation listing each item purchased, the purchase price for each item, and any taxes, fees, or other amounts paid in connection with such purchase; and (15) With respect to any purchase made with a purchasing card, if the employee to whom such card was issued does not provide documentation meeting the requirements of paragraph (14) of this subsection to his or her supervisor for recording on the purchasing log required to be maintained as provided in paragraph (4) of this subsection, such employee shall be personally responsible for such purchase. (c) Any employee of a department or agency of the state who knowingly: MONDAY, MARCH 31, 2008 3245 (1) Uses a purchasing card for personal gain; (2) Purchases items on such purchasing card that are not authorized for purchase by such employee; (3) Purchases items in violation of this Code section; or (4) Retains for such employees personal use a rebate or refund from a vendor, bank, or other financial institution for a purchase or the use of a purchasing card shall be subject to immediate termination of employment, restitution for the amount of the improper purchases, and criminal prosecution. Any person violating this subsection shall be guilty of a misdemeanor of a high and aggravated nature if the value of the items improperly purchased or retained is less than $500.00 in the aggregate and shall be guilty of a felony if the value of the items improperly purchased or retained is $500.00 or more in the aggregate and, upon conviction of such felony, shall be sentenced to not less than one nor more than 20 years imprisonment, a fine not to exceed $50,000.00, or both. (d) An employees supervisor who knowingly intentionally, willfully, wantonly, or recklessly allows or who conspires with an employee who is issued a purchasing card to violate subsection (c) of this Code section shall be subject to immediate termination of employment and criminal prosecution. Any person violating this subsection shall be guilty of a misdemeanor of a high and aggravated nature if the value of the items improperly purchased or retained is less than $500.00 in the aggregate and shall be guilty of a felony if the value of the items improperly purchased or retained is $500.00 or more in the aggregate and, upon conviction of such felony, shall be sentenced to not less than one nor more than 20 years imprisonment, a fine not to exceed $50,000.00, or both. (e) The department is authorized to promulgate such rules and regulations as necessary to implement this Code section." SECTION 3. Article 2 of Chapter 7 of Title 45, relating to reimbursement expenses for public officers and employees, is amended by revising Code Section 45-7-32 of the Official Code of Georgia Annotated, relating to reimbursement for expenses of lodging and airfare and penalty for violations, as follows: "45-7-32. Any person who intentionally violates Code Sections 45-7-29 through 45-7-31 shall be guilty of a misdemeanor. (a) It shall be unlawful for any person to use any travel advance received from public funds, for nongovernmental purposes or to submit or approve, knowingly or through willful and wanton neglect, a fraudulent request to the state for reimbursement of expenses. (b) Any person who, in violation of subsection (a) of this Code section, uses any travel advance for nongovernmental purposes or submits or approves, knowingly or through willful and wanton neglect, a fraudulent request for reimbursement of expenses, valued in the aggregate at less than $500.00 shall be guilty of a misdemeanor of a high and 3246 JOURNAL OF THE SENATE aggravated nature which shall be punishable by not more than 12 months imprisonment and a fine not to exceed $5,000.00. In addition to the foregoing criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution to the state equal to the amount of such misappropriated travel advances or fraudulent reimbursements, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each misappropriated travel advance or fraudulent reimbursement payment was made. (c) Any person who, in violation of subsection (a) of this Code section, uses any travel advance for nongovernmental purposes or submits or approves knowingly, or through willful and wanton neglect, a fraudulent request for reimbursement of expenses valued in the aggregate at $500.00 or more shall be guilty of a felony which shall be punishable by not less than one nor more than 20 years imprisonment and a fine not to exceed $50,000.00 or triple the amount of such misappropriated travel advances or fraudulent reimbursement payments, whichever is greater. In addition to such criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution to the state equal to the amount of such misappropriated travel advances or fraudulent reimbursements, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each misappropriated travel advance or fraudulent reimbursement payment was made. If any person who is convicted of a felony pursuant to this subsection is a participant in any government funded retirement system, such persons retirement benefits shall be paid to the state until such fines, restitution, and interest have been paid in full." SECTION 4. For the purpose of promulgating rules and regulations, policies, procedures, and manuals, 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, 2008, and shall apply to all transactions occurring on and after such date. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Heath Y Henson Hill,Jack Y Schaefer Y Seabaugh Y Seay MONDAY, MARCH 31, 2008 3247 Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Shafer,D Y Smith E Staton E Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. HB 1113, having received the requisite constitutional majority, was passed by substitute. Senator Seabaugh of the 28th was excused for business outside the Senate Chamber. HB 1081. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain definitions regarding such taxation; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. The Senate Finance Committee offered the following substitute to HB 1081: 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 revise and change certain provisions relating to ad valorem taxation of property; to change certain provisions regarding qualifications for bona fide conservation use property; to change certain provisions regarding bona fide conservation use property which is subject to restrictive covenants; to provide for notice, procedures, and appeal rights regarding covenant breaches; to change certain provisions 3248 JOURNAL OF THE SENATE regarding the payment of interest in taxpayer appeals; to provide for interest; 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 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in Code Section 48-5-7.4, relating to bona fide conservation use property, by revising the introductory language of subsection (a) preceding paragraph (1); by deleting the period at the end of paragraph (2) and inserting in its place "; and"; and by adding a new paragraph (3) to read as follows: "(a) For purposes of this article, the term 'bona fide conservation use property' means property described in and meeting the requirements of paragraph (1) or (2) and paragraph (3) of this subsection, as follows:" "(3) The governing authority of a county in which the property that otherwise meets the requirements for current use assessment is located may establish a minimum number of acres as a condition for qualifying for the current use assessment. Such minimum shall be up to 25 acres and shall apply exclusively to qualified property that is first made subject to a covenant required by subsection (d) of this Code section or is subject to the renewal of a previous covenant required by subsection (d) of this Code section on or after January 1, 2012." SECTION 2. Said chapter is further amended in Code Section 48-5-7.4, relating to bona fide conservation use property, by revising paragraph (5) of subsection (b) as follows: "(5) No property shall qualify as bona fide conservation use property if such property is at the time of application for current use assessment subject to a restrictive covenant which prohibits the use of the property for any the specific purpose described in subparagraph (a)(1)(E) of this Code section for which bona fide conservation use qualification is sought; and" SECTION 3. Said chapter is further amended in Code Section 48-5-7.4, relating to bona fide conservation use property, by adding a new subsection to read as follows: "(k.1) In the case of an alleged breach of the covenant, the owner shall be notified in writing by the board of tax assessors. The owner shall have a period of 30 days from the date of such notice to cease and desist the activity alleged in the notice to be in breach of the covenant or to remediate or correct the condition or conditions alleged in the notice to be in breach of the covenant. Following a physical inspection of property, the board of tax assessors shall notify the owner that such activity or activities have or have not properly ceased or that the condition or conditions have or have not been remediated or corrected. The owner shall be entitled to appeal the decision of the board of tax assessors and file an appeal disputing the findings of the board of tax MONDAY, MARCH 31, 2008 3249 assessors. Such appeal shall be conducted in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311." SECTION 4. Said chapter is further amended in Code Section 48-5-311, relating to county boards of equalization and review and appeal of property tax assessments, by revising subdivision (e)(6)(D)(iii)(III) as follows: "(III) If the final determination of value on appeal is greater than the valuation thus used, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the rate as specified in Code Section 48-2-35. Such interest shall accrue from November 15 of the taxable year in question or the date the final installment of the tax was due to the date the additional taxes are remitted, but in no event shall such interest accrue for a period of more than 180 days the amount of such interest exceed $150.00. Any taxpayer shall be exempt each taxable year from any such interest owed under this subdivision with respect to such taxpayers homestead property." SECTION 5. Said chapter is further amended in Code Section 48-5-311, relating to county boards of equalization and review and appeal of property tax assessments, by revising division (g)(4)(B)(iii) as follows: "(iii) If the final determination of value on appeal is greater than the valuation set by the county board of equalization, the arbitrator, or the arbitrators, as applicable, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the same rate as specified in Code Section 48-2-35. Such interest shall accrue from November 15 of the taxable year in question or the date the final installment of tax was due to the date the additional taxes are remitted, but in no event shall such interest accrue for a period of more than 180 days the amount of such interest exceed $150.00. Any taxpayer shall be exempt each taxable year from any such interest owed under this subparagraph with respect to such taxpayers homestead property." SECTION 6. Said chapter is further amended in Code Section 48-5-311, relating to county boards of equalization and review and appeal of property tax assessment, by adding a new subsection to read as follows: "(m) In the event a refund is owed to the taxpayer, such refund shall be paid to the taxpayer within 60 days of the last date upon which an appeal may be filed, or the date the final determination of value is established on appeal, whichever is later. Any refund paid after the sixtieth day shall accrue interest from the sixtieth day until paid with interest at the same rate as specified in Code Section 48-2-35." 3250 JOURNAL OF THE SENATE 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, there were no objections, 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 Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas E Fort Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Heath Y Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer E Seabaugh Y Seay Y Shafer,D Y Smith E Staton E Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 42, nays 1. HB 1081, having received the requisite constitutional majority, was passed by substitute. HB 1104. By Representatives Dempsey of the 13th, Burns of the 157th, Chambers of the 81st, Freeman of the 140th, Jacobs of the 80th and others: A BILL to be entitled an Act to amend Chapter 17 of Title 43 of the O.C.G.A., MONDAY, MARCH 31, 2008 3251 relating to charitable solicitations, so as to revise certain provisions related to charitable solicitations; to add and revise definitions of certain terms; to specify certain requirements for solicitation of contributions in person; to revise certain provisions relating to registration and other actions of paid solicitors, solicitor agents, and charitable organizations; to provide an exemption for certain volunteer fire departments and rescue services; to make it unlawful to violate a subpoena issued by the Secretary of State; to prohibit the making of any untrue or misleading written or oral statements to the Secretary of State by anyone registered as, or making application for registration as, a solicitor agent, paid solicitor, or charitable organization; to change certain provisions concerning the entry of certain orders; 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 Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas E Fort Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer E Seabaugh Y Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. HB 1104, having received the requisite constitutional majority, was passed. 3252 JOURNAL OF THE SENATE Senator Hill of the 4th was excused for business outside the Senate Chamber. HB 1283. By Representatives Ralston of the 7th, Roberts of the 154th, Shaw of the 176th and Hatfield of the 177th: A BILL to be entitled an Act to provide for legislative findings and purpose; to amend Article 2 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to presumptions and estoppel, so as to provide that occupancy of a railroad right of way is with the permission of the railroad corporation or railroad company, but such presumption may be rebutted; to amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, so as to change provisions relating to the law regarding the alienability of future interests; to change provisions relating to how actual possession of lands is evidenced so as to provide special provisions for railroad corporations or companies; to change provisions relating to constructive possession of lands so as to provide special provisions for railroad corporations or companies; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Pearson of the 51st. The Senate Judiciary Committee offered the following substitute to HB 1283: A BILL TO BE ENTITLED AN ACT To provide for legislative findings and purpose; to amend Article 2 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to presumptions and estoppel, so as to provide that occupancy of a railroad right of way is with the permission of the railroad corporation or railroad company, but such presumption may be rebutted; to amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, so as to change provisions relating to the law regarding the alienability of future interests; to change provisions relating to how actual possession of lands is evidenced so as to provide special provisions for railroad corporations or companies; to change provisions relating to constructive possession of lands so as to provide special provisions for railroad corporations or companies; to change provisions relating to the extent of constructive possession under deed so as to provide special provisions for railroad corporations or companies; to amend Code Section 46-8-100 of the Official Code of Georgia Annotated, relating to the general powers of railroad companies, so as to provide that issues arising as to the dimensions of property acquired by a railroad corporation or railroad company prior to 1913 shall be determined by reference to the official map filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act of March 1, 1913; to provide for each railroad corporation MONDAY, MARCH 31, 2008 3253 and railroad company to record such official map in the superior court in which the land is situated; to provide for courts to take judicial notice of the information on such official map that has been properly filed and recorded; to provide for certain property interest for vested interest in property; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) The General Assembly finds that the railroads and their rights of way in Georgia: (1) Are essential to the continued viability of this state; (2) Are valuable resources which must be preserved and protected; (3) Are essential for the economic growth and development of this state; (4) Provide a necessary means of transporting raw materials, agricultural products, other finished products, and consumer goods and are also essential for the safe passage of hazardous materials; (5) Relieve congestion on the highways and keep dangerous products and materials off our highways; (6) Are vital for national defense and national security; and (7) Provide the most energy efficient means of transportation through this state, thus minimizing air pollution and fuel consumption. (b) The purpose of this Act is to protect the rights of way of railroads from loss by claims of adverse possession or other claims by prescription and to recognize the dimensions of these rights of way as they were identified and defined nearly 100 years ago. SECTION 2. Article 2 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to presumptions and estoppel, is amended by adding a new Code section to read as follows: "24-4-23.2. In any action to establish a right, title, or interest in or to real property that is a part of a railroad right of way, including a right of ingress or egress, where such action is based upon occupancy of the railroad right of way by a person or entity other than the railroad corporation or railroad company, there shall be a presumption that any such occupancy of the railroad right of way is with the permission of the railroad corporation or railroad company. Such presumption may be rebutted." SECTION 3. Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, is amended by revising Code Section 44-5-40, relating to conveyance of future interests or estates, as follows: "44-5-40. Future and vested interests in property or estates are descendible, devisable, and alienable in the same manner as estates in possession." 3254 JOURNAL OF THE SENATE SECTION 4. Said chapter is further amended by revising Code Section 44-5-165, relating to actual possession of lands, as follows: "44-5-165. Actual possession of lands may be evidenced by enclosure, cultivation, or any use and occupation of the lands which is so notorious as to attract the attention of every adverse claimant and so exclusive as to prevent actual occupation by another. As to any claim which is not vested under this chapter prior to July 1, 2008, no party shall attempt to establish possession of lands for purposes of this article for any lands depicted within the applicable tract identified on the official map of any railroad filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act of March 1, 1913, Stat. 701, as amended, unless such party establishes that such occupancy interferes with the operations of such railroad corporation or railroad company; provided, however, that each railroad corporation and railroad company shall file and record such official map of the railroad with the superior court for the county in which such land depicted on such official railroad map is situated. Any court of this state shall take judicial notice of the information set forth in any such official map properly filed and recorded by such railroad corporation or railroad company. This Code section shall not be applied to adverse claims of aboveground utilities which have been initiated but which have not vested prior to July 1, 2008; provided, however, that a railroad corporation or railroad company shall not be precluded from enforcing rights of ownership against any adverse claims which have not vested." SECTION 5. Said chapter is further amended by revising subsection (a) of Code Section 44-5-166, relating to the constructive possession of lands, as follows: "(a) Constructive possession of lands exists where a person who has paper title to a tract of land is in actual possession of only a part of the such tract. In such a case, his or her possession shall be construed to extend to the boundary of the such tract. With respect to a railroad corporation or railroad company, construction of the road bed and track on the railroad right of way shall constitute actual possession and occupancy of all lands depicted within the applicable tract identified on the official map of the railroad filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act of March 1, 1913, Stat. 701, as amended; provided, however, that each railroad corporation and railroad company shall file and record such official map of the railroad with the superior court for the county in which such land depicted on such official railroad map is situated. Any court of this state shall take judicial notice of the information set forth in any such official map properly filed and recorded by such railroad corporation or railroad company." SECTION 6. Said chapter is further amended by revising Code Section 44-5-167, relating to the extent MONDAY, MARCH 31, 2008 3255 of constructive possession under deed, as follows: "44-5-167. Possession under a duly recorded deed will shall be construed to extend to all the contiguous property embraced in the such deed. To the extent that any such property is bounded on one or more sides by a railroad, and the description of the property contained in such deed makes reference to the railroad or the railroad right of way as a boundary for such property, such reference shall be construed to mean that the boundary line is located at the edge of the tract depicted on the official map of the railroad filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act of March 1, 1913, Stat. 701, as amended, and such depictions contained on such official railroad map shall be conclusive as to the location of the boundary line between the property of the railroad and any adjoining property owner as of the date of such railroad map; provided, however, that each railroad corporation and railroad company shall file and record such official map of the railroad with the superior court for the county in which such land depicted on such official railroad map is situated. Any court of this state shall take judicial notice of the information set forth in any such official map properly filed and recorded by such railroad corporation or railroad company." SECTION 7. Code Section 46-8-100 of the Official Code of Georgia Annotated, relating to the general powers of railroad companies, is amended by revising paragraph (3) as follows: "(3) To acquire, purchase, hold, and use all such real estate and other property as may be necessary for the construction and maintenance of said road and of the stations, wharves, docks, terminal facilities, and all other accommodations necessary to accomplish the object of the corporation; and to condemn, lease, or buy any land necessary for its use; provided, however, that to the extent an issue arises over the dimensions of any such acquisition by a railroad corporation or railroad company which occurred prior to 1913, such dimensions shall be determined by reference to the documents evidencing any such transaction and by examining the official map of the railroad filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act of March 1, 1913, Stat. 701, as amended, and such depictions contained on such official railroad map shall be conclusive as to the dimensions of any acquisition as of the date of such railroad map; provided, further, that each railroad corporation and railroad company shall file and record such official map of the railroad with the superior court for the county in which such land depicted on such official railroad map is situated. Any court of this state shall take judicial notice of the information set forth in any such official map properly filed and recorded by such railroad corporation or railroad company;" SECTION 8. All laws and parts of laws in conflict with this Act are repealed. 3256 JOURNAL OF THE SENATE On the adoption of the substitute, there were no objections, and the committee substitute was adopted. Senator Pearson of the 51st offered the following amendment #1: Amend the committee substitute (LC 29 3394ERS) to HB 1283 by striking on line 28 pg 2 Section 3: and vested and in property and adding starting on line 29 after word possession.": Vested interests in property stemming from the approval of land disturbance, building, construction or other development plans, permits or entitlements in accordance with a schedule or time frame approved or adopted by the local government shall be descendible, devisable, and alienable in the same manner as estates in possession. On the adoption of the amendment, there were no objections, and the Pearson amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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 N Brown Y Bulloch N Butler Y Carter Chance Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Schaefer E Seabaugh Y Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber MONDAY, MARCH 31, 2008 3257 N Harbison N Harp Y Hawkins Y Ramsey Y Reed Y Rogers Y Wiles Y Williams On the passage of the bill, the yeas were 42, nays 5. HB 1283, having received the requisite constitutional majority, was passed by substitute. HB 1328. By Representatives Peake of the 137th, Channell of the 116th and Lunsford of the 110th: A BILL to be entitled an Act to amend Code Section 33-20A-9.1 of the Official Code of Georgia Annotated, relating to consumer choice options offered by managed care plans, so as to revise a provision relating to consumer choice options under the state employees health insurance plan; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. Senator Hill of the 32nd offered the following substitute to HB 1328: 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 for legislative intent; to provide an exemption from insurance premium taxes for certain insurance products; to provide for the Commissioner of Insurance to adopt policies to promote, approve, and encourage health savings account eligible high deductible plans in Georgia; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in such plans; to provide for certain requirements for such plans; to provide for health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses under certain circumstances; to revise a provision relating to consumer choice options under the state employees health insurance plan; to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for an income tax deduction for high deductible health plans established and used with a health savings account; to provide for an income tax credit for certain employers who provide high deductible health plans established and used with a health savings account; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for related matters; to provide for applicability and effective dates; to repeal conflicting laws; and for other purposes. 3258 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new 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) For all taxable years beginning on or after January 1, 2009, insurers shall be exempt from otherwise applicable state premium taxes as provided for in subsection (a) of this Code section on premiums paid by Georgia residents 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 2. Said title is further amended by adding a new subsection (a.1) in Code Section 33-8-8.2, relating to amount and method of computing local insurance premium taxes on insurance companies other than life insurance companies, to read as follows: "(a.1) For all taxable years beginning on or after January 1, 2009, insurers shall be exempt from otherwise applicable local premium taxes as provided for in subsection (a) of this Code section on premiums paid by Georgia residents 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. The provisions of this subsection shall expire on January 1, 2015, unless the General Assembly acts to extend these provisions." SECTION 3. Said title is further amended by revising subsection (c) of Code Section 33-20A-9.1, relating to consumer choice options offered by managed care plans, as follows: "(c) Except for managed care plans offering a consumer choice option under subparagraph (d)(2)(C) of this Code section, every managed care plan offered pursuant to Article 1 of Chapter 18 of Title 45 or offered by a managed care entity shall offer a separate consumer choice option to enrollees at least annually with the following provisions: (1) Every enrollee of a managed care plan shall have the right to nominate one or more out of network health care providers or hospitals for use by that enrollee and that enrollees eligible dependents, if: (A) Such health care provider or hospital is located within and licensed by the state; (B) Such health care provider or hospital agrees to accept reimbursement from both the plan and the enrollee at the rates and on the terms and conditions applicable to similarly situated participating providers and hospitals. The reimbursement rates for the plan may be proportionally reduced from those paid to participating providers if the cost-sharing provisions in paragraph (3) of subsection (d) of this Code section are utilized in the consumer choice option; (C) Such health care provider or hospital agrees to adhere to the managed care MONDAY, MARCH 31, 2008 3259 plans quality assurance requirements and to provide the plan with necessary medical information related to such care; and (D) Such health care provider or hospital meets all other reasonable criteria as required by the managed care plan of in network providers and hospitals; and (2) Each nominated health care provider or hospital which meets the requirements of subparagraphs (A), (B), (C), and (D) of paragraph (1) of this subsection shall be reimbursed by the plan, subject to the agreement in subparagraph (B) of paragraph (1) of this subsection, as though it belonged to the managed care plans provider network. Such reimbursement shall be full and final payment for the health care services provided to the enrollee and no health care provider or hospital shall bill the enrollee for any portion of a payment exclusive of the requirements of subparagraph (B) of paragraph (1) of this subsection." SECTION 4. Said title is further amended by striking Chapter 51 in its entirety and inserting in lieu thereof a new Chapter 51 to read as follows: "CHAPTER 51 33-51-1. This chapter shall be known and may be cited as the 'Georgia Affordable HSA Eligible High Deductible Health Plan.' 33-51-2. It is the intent of the General Assembly: (1) To authorize the Commissioner to establish flexible guidelines for health savings account eligible high deductible plan designs which will be affordable to Georgians and to increase the availability of these types of plans by accident and sickness insurers licensed to transact such insurance in this state; (2) To encourage the offering of affordable health savings account eligible high deductible plans, as required under the rules of the federal Internal Revenue Service related to the establishment of health savings accounts, with the specific intent of reaching many otherwise uninsured Georgians and the general intent of creating affordable comprehensive health insurance for all Georgians; and (3) To enhance the affordability of insurance with the flexible health savings account eligible high deductible plans allowed under this chapter by allowing rewards and incentives for participation in and adherence to health behaviors that recognize the value of the personal responsibility of each citizen to maintain good health, seek preventative care services, and comply with approved treatments. 33-51-3. (a) The Commissioner shall develop flexible guidelines for coverage and approval of health savings account eligible high deductible plans which are designed to qualify under federal and state requirements as high deductible health plans for use with health 3260 JOURNAL OF THE SENATE savings accounts which comply with federal requirements under the applicable provisions of the federal Internal Revenue Code for high deductible health plans sold in connection with health savings accounts. (b) The Commissioner shall be authorized to encourage and promote the marketing of health savings account eligible high deductible plans by accident and sickness insurers in this state; provided, however, that nothing in this Code section shall be construed to authorize the sale of insurance in violation of Chapter 3 of this title or interstate sales of insurance. (c) The Commissioner shall be authorized to conduct a national study of health savings account eligible high deductible plans available in other states and to determine if and how these products serve the uninsured and if they should be made available to Georgians. (d) The Commissioner shall be authorized to develop an automatic or fast track approval process for health savings account eligible high deductible plans already approved under the laws and regulations of this state or other states. (e) The Commissioner shall be authorized to promulgate such rules and regulations as he or she deems necessary and appropriate for the design, promotion, and regulation of health savings account eligible high deductible plans, including rules and regulations for the expedited review of standardized policies, advertisements and solicitations, and other matters deemed relevant by the Commissioner. 33-51-4. Insurers that include and operate wellness and health promotion programs, disease and condition management programs, health risk appraisal programs, and similar provisions in their high deductible health policies in keeping with federal requirements shall not be considered to be engaging in unfair trade practices under Code Section 33-6-4 with respect to references to the practices of illegal inducements, unfair discrimination, and rebating. 33-51-5. There shall be no required relationship between preferred provider and nonpreferred provider plan reimbursements for health savings account eligible high deductible plans using nonpreferred provider reimbursements. Such plans, however, shall not: (1) Unfairly deny health benefits for medically necessary covered services; (2) Have differences in benefit levels payable to preferred providers compared to other providers that unfairly deny benefits for covered services; (3) Have a plan coinsurance percentage applicable to benefit levels for services provided by nonpreferred providers that is less than 60 percent of the benefit levels under the policy for such services; or (4) Have an adverse effect on the availability or the quality of services. 33-51-6. (a) The Commissioner shall be authorized to allow health reimbursement arrangement MONDAY, MARCH 31, 2008 3261 only plans that encourage employer financial support of health insurance or health related expenses recognized under the rules of the federal Internal Revenue Service to be approved for sale in connection with or packaged with individual health insurance policies otherwise approved by the Commissioner. (b) Health reimbursement arrangement only plans that are not sold in connection with or packaged with individual health insurance policies shall not be considered insurance under this title. (c) Individual insurance policies offered or funded through health reimbursement arrangements shall not be considered employer sponsored or group coverage for purposes of this title, and nothing in this Code section shall be interpreted to require an insurer to offer an individual health insurance policy for sale in connection with or packaged with a health reimbursement arrangement or to accept premiums from health reimbursement arrangement plans for individual health insurance policies. 33-51-7. Notwithstanding the provisions of paragraphs (2) and (3) of Code Section 33-51-5, health benefit plans providing incentives for covered persons to use pharmaceutical or dental services of preferred providers shall provide, and clearly indicate, that the payment or reimbursement for a noncontracting provider of covered pharmaceutical or dental services shall be the same as the payment or reimbursement for a preferred provider of covered pharmaceutical or dental services; provided, however, that the health benefit plan shall not be required to make payment or reimbursement in an amount which is greater than the actual fee charged by the provider for such dental or pharmaceutical services." SECTION 5. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new paragraph in subsection (a) of Code Section 48-7-27, relating to computation of taxable net income, to read as follows: "(13.1) For all taxable years beginning on or after January 1, 2009, 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 provided from a health reimbursement arrangement and have not been included in itemized nonbusiness deductions;" SECTION 6. Said title is further amended by adding a new Code section to read as follows: "48-7-29.13. (a) As used in this Code section, the term: (1) 'Qualified health insurance' means a high deductible health plan that includes, at a 3262 JOURNAL OF THE SENATE minimum, catastrophic health care coverage which is established and used with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code. (2) 'Qualified health insurance expense' means the expenditure of funds of at least $250.00 annually for health insurance premiums for qualified health insurance. (3) 'Taxpayer' means an employer who employs directly, or who pays compensation to individuals whose compensation is reported on Form 1099, 50 or fewer persons and for whom the taxpayer provides high deductible health plans that include, at a minimum, catastrophic health care coverage which are established and used with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code and in which such employees are enrolled. (b) For all taxable years beginning on or after January 1, 2009, a taxpayer shall be allowed a credit against the tax imposed by Code Section 48-7-20 or 48-7-21, as applicable, for qualified health insurance expenses in an amount of $250.00 for each employee enrolled for twelve consecutive months in a qualified health insurance plan if such qualified health insurance is made available to all of the employees and compensated individuals of the employer pursuant to the applicable provisions of Section 125 of the Internal Revenue Code. (c) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayers income tax liability. Any unused tax credit shall be allowed the taxpayer against succeeding years tax liability. No such credit shall be allowed the taxpayer against prior years tax liability. (d) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section. (e) The credit allowed by this Code section shall apply only with regard to qualified health insurance expenses." SECTION 7. (a) Sections 1, 2, 5, and 6 of this Act shall become effective on January 1, 2009, and shall be applicable to all taxable years beginning on or after January 1, 2009. The remaining sections 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 expire on January 1, 2015, unless the General Assembly acts to extend these provisions. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Senator Thompson of the 33rd requested a ruling of the Chair as to the germaneness of the Hill of the 32nd substitute. Senator Rogers of the 21st asked unanimous consent to drop HB 1328 to the foot of the Senate Rules Calendar. MONDAY, MARCH 31, 2008 3263 There was no objection. HB 1335. By Representatives Coleman of the 97th, Jones of the 46th, Reese of the 98th and Casas of the 103rd: A BILL to be entitled an Act to amend Code Section 20-2-161 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Formula, so as to change program weights for funding purposes; 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 Y Brown Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Heath N Henson E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 1. HB 1335, having received the requisite constitutional majority, was passed. 3264 JOURNAL OF THE SENATE HR 1276. By Representatives Royal of the 171st, Roberts of the 154th, Keen of the 179th, Porter of the 143rd, Cole of the 125th and others: Senate Sponsor: Senator Bulloch of the 11th A RESOLUTION Proposing an amendment to the Constitution so as to provide for the special assessment and taxation of forest land conservation use property; to provide for local government assistance grants; to provide for definitions, procedures, conditions, and limitations; 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, Section I, Paragraph III of the Constitution is amended by revising subparagraph (a) as follows: "(a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (b), (c), (d), and (e), and (f) of this Paragraph, all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax." SECTION 2. Said Paragraph of the Constitution is further amended by revising subparagraph (f) as follows: "(f)(1) The General Assembly shall provide by general law 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 'forest land conservation use property' to include only forest land each tract of which exceeds 200 acres of a qualifed owner. Such methods of assessment and taxation shall be subject to the following conditions: (A) A qualified owner shall consist of any individual or individuals or any entity registered to do business in this state; (B) A qualified owner desiring the benefit of such methods of assessment and taxation shall be required to enter into a covenant to continue the property in forest land use; (C) All contiguous forest land conservation use property of an owner within a county for which forest land conservation use assessment is sought under this subparagraph shall be in a single covenant; (D) A breach of such covenant within 15 years shall result in a recapture of the tax savings resulting from such methods of assessment and taxation and may result in MONDAY, MARCH 31, 2008 3265 other appropriate penalties; and (E) If ownership of all or a part of the forest land conservation use property, which transferred tract exceeds 200 acres, is acquired during a covenant period by another qualified owner, then the original covenant may be continued by such acquiring qualified owner for the remainder of the term, in which event no breach of the covenant by either the former qualified owner or the acquiring qualified owner shall be deemed to have occurred even if the total size of a tract from which the transfer was made is reduced below 200 acres. Following the expiration of such covenant, no new covenant shall be entered with respect to the tract from which the transfer was made unless such tract exceeds 200 acres. (2) No portion of an otherwise eligible tract of forest land conservation use property shall be entitled to receive simultaneously special assessment and taxation under this subparagraph and either subparagraph (c) or (e) of this Paragraph. (3)(A) The General Assembly shall appropriate an amount for assistance grants to counties, municipalities, and county and independent school districts to offset revenue loss attributable to the implementation of this subparagraph. Such grants shall be made in such manner and shall be subject to such procedures as may be specified by general law. (B) If the forest land conservation use property is located in a county where forest land fair market value causes the total tax digest revenue of such county to be reduced by 3 percent or less due to the implementation of this subparagraph, in each taxable year in which such reduction occurs, the assistance grants to the county, each municipality located therein, and the county or independent school districts located therein shall be in an amount equal to 50 percent of the amount of such reduction. (C) If the forest land conservation use property is located in a county where forest land fair market value causes the total tax digest revenue of such county to be reduced by more than 3 percent due to the implementation of this subparagraph, in each taxable year in which such reduction occurs, the assistance grants to the county, each municipality located therein, and the county or independent school districts located therein shall be as follows: (i) For the first 3 percent of such reduction amount, in an amount equal to 50 percent of the amount of such reduction; and (ii) For the remainder of such reduction amount, in an amount equal to 100 percent of the amount of such remaining reduction amount. (4) For purposes of this subparagraph, the forest land conservation use value shall not include the value of the standing timber located on forest land conservation use property. (g) The General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c), (d), or (e), or (f) of this Paragraph." 3266 JOURNAL OF THE SENATE SECTION 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution of Georgia be amended so as to provide that the General Assembly by general law shall encourage the preservation, conservation, and protection of the states forests through the special assessment and taxation of certain forest lands and assistance grants to local government?" 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 1276: A RESOLUTION Proposing an amendment to the Constitution so as to provide for the special assessment and taxation of forest land conservation use property; to provide for local government assistance grants; to provide for definitions, procedures, conditions, and limitations; 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, Section I, Paragraph III of the Constitution is amended by revising subparagraph (a) as follows: "(a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (b), (c), (d), and (e), and (f) of this Paragraph, all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax." SECTION 2. Said Paragraph of the Constitution is further amended by revising subparagraph (f) as follows: "(f)(1) The General Assembly shall provide by general law 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 'forest land conservation use property' to include only forest land each tract of which exceeds 200 acres of a qualified owner. Such methods of assessment and taxation shall be subject to the following conditions: MONDAY, MARCH 31, 2008 3267 (A) A qualified owner shall consist of any individual or individuals or any entity registered to do business in this state; (B) A qualified owner desiring the benefit of such methods of assessment and taxation shall be required to enter into a covenant to continue the property in forest land use; (C) All contiguous forest land conservation use property of an owner within a county for which forest land conservation use assessment is sought under this subparagraph shall be in a single covenant; (D) A breach of such covenant within 15 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 (E) The General Assembly may provide by general law for a limited exception to the 200 acre requirement in the case of a transfer of ownership of all or a part of the forest land conservation use property during a covenant period to another owner qualified to enter into an original forest land conservation use covenant if the original covenant is continued by both such acquiring owner and the transferor for the remainder of the term, in which event no breach of the covenant shall be deemed to have occurred even if the total size of a tract from which the transfer was made is reduced below 200 acres. (2) No portion of an otherwise eligible tract of forest land conservation use property shall be entitled to receive simultaneously special assessment and taxation under this subparagraph and either subparagraph (c) or (e) of this Paragraph. (3)(A) The General Assembly shall appropriate an amount for assistance grants to counties, municipalities, and county and independent school districts to offset revenue loss attributable to the implementation of this subparagraph. Such grants shall be made in such manner and shall be subject to such procedures as may be specified by general law. (B) If the forest land conservation use property is located in a county, municipality, or county or independent school district where forest land conservation use value causes an ad valorem tax revenue reduction of 3 percent or less due to the implementation of this subparagraph, in each taxable year in which such reduction occurs, the assistance grants to the county, each municipality located therein, and the county or independent school districts located therein shall be in an amount equal to 50 percent of the amount of such reduction. (C) If the forest land conservation use property is located in a county, municipality, or county or independent school district where forest land conservation use value causes an ad valorem tax revenue reduction of more than 3 percent due to the implementation of this subparagraph, in each taxable year in which such reduction occurs, the assistance grants to the county, each municipality located therein, and the county or independent school districts located therein shall be as follows: (i) For the first 3 percent of such reduction amount, in an amount equal to 50 percent of the amount of such reduction; and (ii) For the remainder of such reduction amount, in an amount equal to 100 3268 JOURNAL OF THE SENATE percent of the amount of such remaining reduction amount. (4) Such revenue reduction shall be calculated by utilizing forest land fair market value. For purposes of this subparagraph, forest land fair market value means the 2008 fair market value of the forest land. Such 2008 valuation may increase from one taxable year to the next by a rate equal to the percentage change in the price index for gross output of state and local government from the prior year to the current year as defined by the National Income and Product Accounts and determined by the United States Bureau of Economic Analysis and indicated by the Price Index for Government Consumption Expenditures and General Government Gross Output (Table 3.10.4). Such revenue reduction shall be determined by subtracting the aggregate forest land conservation use value of qualified properties from the aggregate forest land fair market value of qualified properties for the applicable tax year and the resulting amount shall be multiplied by the millage rate of the county, municipality, or county or independent school district. (5) For purposes of this subparagraph, the forest land conservation use value shall not include the value of the standing timber located on forest land conservation use property. (g) The General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c), (d), or (e), or (f) of this Paragraph." 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 provide that the General Assembly by general law shall encourage the preservation, ( ) NO conservation, and protection of the states forests through the special assessment and taxation of certain forest lands and assistance grants to local government?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Senator Tolleson of the 20th asked unanimous consent that he be excused from voting on HR 1276 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Tolleson was excused. Senator Harp of the 29th asked unanimous consent that he be excused from voting on HR MONDAY, MARCH 31, 2008 3269 1276 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Harp was excused. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Hawkins E Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R E Thompson,C Y Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 46, nays 1. HR 1276, having received the requisite two-thirds constitutional majority, was adopted by substitute. Senator Grant of the 25th was excused for business outside the Senate Chamber. HB 975. By Representatives Burkhalter of the 50th, Jones of the 46th, Willard of the 49th, Wilkinson of the 52nd, Martin of the 47th and others: A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official 3270 JOURNAL OF THE SENATE Code of Georgia Annotated, relating to counties and municipal corporations in general, so as to provide that it shall be unlawful for any county or municipal corporation to issue any backdated license, permit, or other similar authorization under certain circumstances; to provide for a criminal penalty; to provide for related matters; to state legislative intent; to provide an effective date; 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden E Grant Hamrick Y Harbison Y Harp Y Hawkins E Heath Henson E Hill,Jack Y Hill,Judson Y Hooks Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 0. HB 975, having received the requisite constitutional majority, was passed. Senator Eric Johnson, President Pro Tempore, assumed the Chair. The Calendar was resumed. MONDAY, MARCH 31, 2008 3271 HB 791. By Representatives Amerson of the 9th, Day of the 163rd, Burkhalter of the 50th, Keen of the 179th, Coleman of the 97th 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 declare the fourth Monday in October "School Bus Drivers Appreciation Day"; to make certain findings of fact; 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Jackson Johnson (PRS) Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. HB 791, having received the requisite constitutional majority, was passed. HB 790. By Representatives Amerson of the 9th, Day of the 163rd, Burkhalter of the 50th, Keen of the 179th, Coleman of the 97th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official 3272 JOURNAL OF THE SENATE Code of Georgia Annotated, relating to holidays and observances, so as to declare the third week in October "School Bus Safety Week"; to make certain findings of fact; 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Jackson Johnson (PRS) Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. HB 790, having received the requisite constitutional majority, was passed. HB 1018. By Representatives Lane of the 167th and Willard of the 49th: A BILL to be entitled an Act to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to superior court fees and construction of fee provisions, so as to provide for additional filing fees for recording an instrument that requires cross-indexing to other previously recorded documents; to provide for additional filing fees for recording an instrument that cancels, satisfies, or releases certain liens; to require that clerks perform certain MONDAY, MARCH 31, 2008 3273 functions with regard to lien cancellations or requests for cross-indexing; to provide for recording by electronic means; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Cowsert 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks Hudgens Y Jackson Johnson (PRS) Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed N Rogers Y Schaefer N Seabaugh Y Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 46, nays 2. HB 1018, having received the requisite constitutional majority, was passed. HB 1217. By Representatives Jerguson of the 22nd, Williams of the 4th, Glanton of the 76th and Tumlin of the 38th: 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 legislative intent; to provide definitions; to create the State Licensing Board of Home Inspectors; to provide for its membership, appointment, filling of vacancies, terms of office, qualifications, powers and duties, staffing, and 3274 JOURNAL OF THE SENATE meetings; to provide for licensing of home inspectors; to provide for home inspection reports and their contents; to provide for insurance requirements; to provide for related matters; to repeal Article 6 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to documentation by home inspectors; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Wiles of the 37th. The Senate Regulated Industries and Utilities Committee offered the following substitute to HB 1217: 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 legislative intent; to provide definitions; to create the State Licensing Board of Home Inspectors; to provide for its membership, appointment, filling of vacancies, terms of office, qualifications, powers and duties, staffing, and meetings; to provide for licensing of home inspectors; to provide for qualifications and reciprocity under certain circumstances; to provide for renewals and continuing education; to prohibit certain acts; to provide for applicability; to provide for home inspection reports and their contents; to provide for insurance requirements; to provide for related matters; to repeal Article 6 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to documentation by home inspectors; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new Chapter 39B to read as follows: "CHAPTER 39B 43-39B-1. It is the intent of the General Assembly in the interest of public health, safety, and welfare to require the regulation of home inspectors and to assure that consumers of home inspection services can rely on the competence of home inspectors. The practice of home inspection is declared a business or profession affecting the public interest, and this chapter shall be liberally construed so as to accomplish the intent and purposes stated in this chapter. MONDAY, MARCH 31, 2008 3275 43-39B-2. As used in this chapter, the term: (1) 'Board' means the State Licensing Board of Home Inspectors. (2) 'Business organization' means any partnership, corporation, limited liability entity, business trust, joint venture, or other legal entity, other than an individual person, doing business or seeking, offering, or contracting to do business as a home inspector or otherwise performing or acting as a home inspector. (3) 'Client' means any person who engages or seeks to engage the services of a home inspector for the purpose of obtaining inspection of, and a written report upon, the condition of a residential building. (4) 'Component' means a readily accessible and observable aspect of a system, such as a floor or wall, but not individual pieces such as boards or nails where many similar pieces make up a system. (5) 'Home inspection' means a visual analysis provided for compensation for the purpose of providing a professional opinion of the condition of a building, its carports and garages, and any reasonably accessible installed components and the operation of the building systems, including, but not limited to, the controls normally operated by the owner, for the following components of a residential building of four units or fewer or, as applicable, of a residential unit: heating system, electrical system, cooling system, plumbing system, structural components, foundation, roof covering, exterior and interior components, and site aspects as they affect the building. A home inspection shall not be required to include the condition of systems or components which are not readily accessible. (6) 'Home inspection report' means a written report prepared for compensation by a home inspector issued to a client after a home inspection. (7) 'Home inspector' means a person who is licensed pursuant to this chapter as a home inspector and who engages in the business of performing home inspections and writing home inspection reports. (8) 'Readily accessible' means available for visual inspection without requiring the moving of personal property, dismantling, destructive measures, or any action that likely will involve risk to persons or property. (9) 'Residential building' means a structure consisting of from one to four family dwelling units. (10) 'Residential unit' means an individual unit of a residential building or a single living unit within a residential structure with a height of two or more stories, when such residential structure is composed of condominium units, townhouses, or such similar living units. (11) 'Significantly deficient' means a system or component that is unsafe or not functioning. (12) 'System' means a combination of interactive or interdependent components assembled to carry out one or more functions. (13) 'Technically exhaustive' means an investigation that involves dismantling or the extensive use of advanced techniques, measurements, instruments, testing, 3276 JOURNAL OF THE SENATE calculations, or other means. 43-39B-3. (a) There is created the State Licensing Board of Home Inspectors which shall consist of six members. The board shall be assigned to the Office of the Secretary of State for administrative purposes, shall be under his or her jurisdiction, and shall operate in accordance with and pursuant to the provisions of Chapter 1 of this title. All members shall be residents of the State 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 home inspection. One member shall be a residential and general contractor licensed pursuant to Chapter 41 of Title 43. Four members shall be home inspectors. The home inspector members who are initially appointed to the board shall have been actively engaged in the practice of home inspection for at least five years immediately preceding their appointment, shall have performed a minimum of 500 home inspections for compensation, and shall demonstrate that they have passed an examination administered by a national examination organization that complies with the standards established by the National Commission of Certifying Agencies. On or after 24 months after the date this chapter becomes effective, all home inspectors appointed to be members of the board shall be required to be licensed pursuant to this chapter. (b) The Governor shall appoint the members of the board, subject to confirmation by the Senate, with consideration given to appropriate geographic representation. Any such appointments made when the Senate is not in session shall be effective until acted upon by the Senate. (c) The term of each member of the board shall be five years, except that the initial four home inspector members shall be appointed to serve terms expiring 24 months after the date this chapter becomes effective, 36 months after the date this chapter becomes effective, 48 months after the date this chapter becomes effective, and 60 months after the date this chapter becomes effective, respectively. Any vacancy on the board shall be filled in the same manner as the original appointment, and the person so appointed shall serve for the remainder of the unexpired term. 43-39B-4. (a) The board shall meet at least quarterly each year for the purpose of transacting such business as may properly come before it and of overseeing its operations. (b) In addition to and consistent with the powers granted in Chapter 1 of this title, the board shall have the power to: (1) Request from the various departments, agencies, and authorities of this state and its political subdivisions and their agencies and authorities such available information as it may require in its work; and all such departments, agencies, and authorities shall furnish such requested available information to the board and its divisions within a reasonable time; (2) Provide by regulation for reciprocity with other states or territories of the United States in the licensing of home inspectors, provided that such other states have MONDAY, MARCH 31, 2008 3277 requirements at least substantially equal to the requirements in force in this state for registration, licensure, or certification, and that any such home inspector holding a current and valid license, certificate, or registration from another state or territory seeking licensure by way of reciprocity shall demonstrate that such applicant meets, in the discretion of the board, the qualifications, requirements, and criteria set forth in this chapter; (3) Establish and adjust fees as necessary in accordance with Chapter 1 of this title; (4) Adopt official seals for its use and change them at its pleasure; (5) Establish any policies and procedures for regulating the businesses of home inspection beyond those contained in the code of ethics and standards of practice for home inspectors which are required by subsection (c) of this Code section; and (6) Promulgate and adopt rules and regulations necessary to carry out this chapter. (c) The board shall promulgate standards of practice and a code of ethics for the practice of home inspectors. 43-39B-5. (a) Anyone seeking to be licensed as a home inspector in this state shall file an application on a form provided by the board accompanied by an application fee as provided by the board. (b) A person shall be eligible for licensure as a home inspector if he or she: (1) Is at least 18 years of age; (2) Is of good moral character; (3) Has not been convicted of a crime that has a direct bearing on the persons ability to perform competently and fully as a licensee; (4) Has successfully completed high school or its equivalent; (5) Has: (A) Completed a board approved course of study of no less than 80 hours that covers all of the following components of a residential building of four units or less: heating system, cooling system, plumbing system, electrical system, structural components, foundation, roof covering, exterior and interior components, and site aspects as they affect the building; or (B)(i) Presented documentation as required by the board that he or she has been engaged in the practice of home inspection for compensation for not fewer than three years prior to the effective date of this chapter; and (ii) Performed not fewer than 100 home inspections for compensation; and (6) Has passed a valid, reliable examination designed to test competence in home inspection practice and developed pursuant to accepted psychometric standards promulgated by the American Educational Research Association or similar organization acceptable to the board. The board shall designate such examination no later than six months after the date this chapter becomes effective. (c) Any otherwise qualified applicant failing the examination required by this chapter may be reexamined at any regularly scheduled examination within one year of the date of original application upon payment of a reexamination fee in an amount to be set by 3278 JOURNAL OF THE SENATE the board, without need to resubmit an application, unless any information set forth in the previously submitted application is no longer accurate or complete. Anyone requesting to take the examination a third or subsequent time shall wait at least one calendar year after the taking of the last examination and shall submit an application with the appropriate examination fees. 43-39B-6. Notwithstanding any other provision of this chapter to the contrary, any person who holds a current and valid home inspector license, certification, or registration issued by another state or territory of the United States, where either such state or territory has entered into a reciprocal agreement with the board for the recognition of home inspector licenses issued in that state or territory or such application is pursuant to and in accordance with the regulations and requirements for reciprocity promulgated by the board, shall be eligible for licensure as a home inspector without examination under the provisions of this chapter, provided that such person submits a proper application and proofs, pays or has paid the required fees, otherwise meets the requirements of this chapter, is not otherwise in violation of this chapter, and such person and such application meet the following requirements: (1) The criteria for issuance of such license, certification, or registration by such other state or territory, including the requirement to successfully complete an examination, were at least substantially equivalent to Georgias current license criteria; (2) The application requirements and application form submitted to the other state or territory upon which such license was issued and the examination form and substance shall be available for review by the board and the examination results shall be made available to the board; and (3) The standards of practice of such state or territory are at least substantially similar to those adopted by the board. 43-39B-7. (a) Home inspector licenses shall be renewable biennially in accordance with procedures established by the board. (b) As a condition of license renewal, a licensed home inspector shall complete at least 30 hours of board approved continuing education during each renewal period. 43-39B-8. (a) On and after 18 months after the date this chapter becomes effective, no person shall provide nor present, call, or represent himself or herself as able to provide a home inspection for compensation unless he or she is licensed in accordance with the provisions of this chapter. (b) Any person who, directly or indirectly, with the intention or upon the promise of receiving any valuable consideration, offers, attempts, or agrees to perform or performs any single act of home inspection shall be deemed a home inspector within the meaning MONDAY, MARCH 31, 2008 3279 of this chapter. The commission of a single such act by a person who is required to have a home inspector license under this chapter but who has not obtained such license shall constitute a violation of this chapter. 43-39B-9. (a) On and after 18 months after the date this chapter becomes effective, no business organization shall provide home inspection services unless each of the home inspectors employed by the business organization is licensed in accordance with the provisions of this chapter; provided, however, that an unlicensed person may accompany a home inspector licensed in accordance with this chapter for training purposes. (b) On and after 18 months after the date this chapter becomes effective, no business organization may use in connection with the name or signature of the business organization the title 'home inspector' to describe the business organizations services unless each of the home inspectors employed by the business organization is licensed; provided, however, that an unlicensed person may be employed by the business organization and accompany a home inspector licensed in accordance with the provisions of this chapter for training purposes. (c) No license as a home inspector shall be issued to a business; provided, however, that nothing in this Code section shall preclude a licensed home inspector from performing home inspection services on behalf of a business so long as such services are performed in compliance with the requirements of this chapter. 43-39B-10. On and after 18 months after the date this chapter becomes effective, it shall be unlawful for any person: (1) Directly or indirectly, to engage in or conduct the business of, advertise or hold himself or herself out as engaging in or conducting the business of, or act in the capacity of a home inspector within this state without first obtaining a license as required by this chapter; (2) To perform or offer to perform for an additional fee any repairs to a structure on which the home inspector or the home inspectors company has prepared a home inspection report; provided, however, that a home protection company that is affiliated with or retains a home inspector shall not be in violation of this paragraph if it performs repairs pursuant to a claim made under a home protection contract; (3) To inspect for a fee any property in which the home inspector or the home inspectors company has any financial interest or any interest in the transfer of the property; (4) To offer or deliver any compensation, inducement, or reward to the owner of the inspected property, the broker, or the agent for the referral of any business to the home inspector or the home inspection company; (5) To accept an engagement to make a home inspection or to prepare a home inspection report in which the home inspection itself or the fee payable for the home inspection is contingent upon the conclusions in the home inspection report, 3280 JOURNAL OF THE SENATE preestablished findings, or the close of escrow; and (6) In the course of performing a home inspection or preparing and presenting a home inspection report, to cite a violation of the state minimum standard codes, as enumerated in paragraph (9) of Code Section 8-2-20, if such person does not hold a certification from the appropriate accrediting organization for the code in which the violation is cited. 43-39B-11. Nothing in this chapter shall prohibit: (1) A person who is employed by a governmental entity from inspecting residential buildings if the inspection is within that persons official duties and responsibilities; (2) A person from performing a home inspection if the home inspection will be used solely by a bank, savings and loan association, or credit union to monitor progress on the construction of a residential building; (3) A person who is employed as a property manager for a residential building and whose official duties and responsibilities include inspecting the residential building from performing an inspection on the structure if the person does not receive separate compensation for the inspection work; (4) A person who is regulated in another profession from acting within the scope of that persons license, registration, or certification; (5) A home inspector from performing a home inspection or preparing a home inspection report for a single living unit within a residential structure with a height of two or more stories, so long as the inspection is confined to the components, systems, and condition of that single living unit; or (6) A person who is not a licensed home inspector, but who is in training to become a home inspector, from performing tasks under the direct, on-site supervision of a licensed home inspector in accordance with the requirements established by the board. 43-39B-12. (a) A home inspector shall perform a visual inspection of the readily accessible installed systems and components of residential buildings or residential units and provide a home inspection report within a reasonable time period. (b) A home inspection report shall cite: (1) Those systems and components inspected which, in the professional opinion of the home inspector, are significantly deficient or are near the end of their service lives; (2) A reason why, if not self-evident, the system or component is significantly deficient or near the end of its service life; (3) The home inspectors recommendations, if any, on how to correct or monitor the reported deficiency; and (4) Any systems and components listed in paragraph (5) of Code Section 43-39B-2 which were present at the time of the home inspection but were not inspected and a reason they were not inspected. MONDAY, MARCH 31, 2008 3281 (c) A home inspector may: (1) Include other inspection services, systems, or components in addition to those required; (2) Specify repairs, provided the home inspector is appropriately qualified and willing to do so; and (3) Exclude systems and components from the home inspection if requested in writing by the client. (d) A home inspection shall not be required to: (1) Be technically exhaustive; or (2) Identify concealed conditions or latent defects. 43-39B-13. A home inspector shall not be required to: (1) Offer warranties or guarantees of any kind; (2) Perform any action or make any determination unless specifically stated in any standards of practice adopted by the board or except as may be required by lawful authority; or (3) Perform any procedure or operation that shall, in the opinion of the inspector, likely be dangerous to the home inspector or other persons or damage the property or its systems or components. 43-39B-14. The board shall require a home inspector to maintain liability insurance in an amount established by the board. 43-39B-15. It shall be unlawful for a home inspector to engage in the practice of architecture under Chapter 4 of this title, engineering under Chapter 15 of this title, or residential or general contracting under Chapter 41 of this title unless the home inspector is also licensed under Chapter 4, Chapter 15, or Chapter 41 of this title, as applicable. 43-39B-16. Any person who violates the provisions of this chapter shall be guilty of a misdemeanor." SECTION 2. Article 6 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to documentation by home inspectors, is repealed in its entirety. SECTION 3. 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. 3282 JOURNAL OF THE SENATE SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour Y Brown Y Bulloch Y Butler Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton E Stoner Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the passage of the bill, the yeas were 44, nays 0. HB 1217, having received the requisite constitutional majority, was passed by substitute. HB 1328. By Representatives Peake of the 137th, Channell of the 116th and Lunsford of the 110th: A BILL to be entitled an Act to amend Code Section 33-20A-9.1 of the Official Code of Georgia Annotated, relating to consumer choice options offered by managed care plans, so as to revise a provision relating to consumer choice options under the state employees health insurance plan; to provide for MONDAY, MARCH 31, 2008 3283 related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. Senator Hill of the 32nd asked unanimous consent that his substitute, which can be found earlier in this day's Journal, 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. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour Brown Y Bulloch Y Butler Y Carter Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Jones Y Me V Bremen Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey N Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R E Thompson,C N Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the passage of the bill, the yeas were 39, nays 3. HB 1328, having received the requisite constitutional majority, was passed. Senator Williams of the 19th moved that the Senate adjourn until 11:00 a.m. Tuesday, April 1, 2008. The motion prevailed, and Senator Eric Johnson, President Pro Tempore, announced the Senate adjourned at 5:11 p.m. 3284 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, April 1, 2008 Thirty-eighth Legislative Day The Senate met pursuant to adjournment at 11:00 a.m. today and was called to order by Senator Eric Johnson, President Pro Tempore. 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. Senator Smith of the 52nd asked unanimous consent that the call of the roll be dispensed with. The consent was granted, and the roll call was dispensed with. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 230. By Senators Mullis of the 53rd, Rogers of the 21st, Wiles of the 37th and Murphy of the 27th: A BILL to be entitled an Act to amend Chapter 20 of Title 45 of the O.C.G.A., relating to personnel administration, so as to define the classified and unclassified service; to provide for the authority of the State Personnel Board and the State Merit System relative to both classified and unclassified service; to modify language relative to these authorizations and definitions to rescind provisions governing interdepartmental transfers; to change certain provisions relating to classified and nonclassified employees; to change definitions relating to personnel administration and classified and unclassified employees; to clarify certain duties of the State Personnel Board; to modify certain duties of the commissioner of personnel administration; to rename the Advisory Council for Personnel Administration and change the manner in which persons become members of the council; to modify certain rights of unclassified service; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. TUESDAY, APRIL 1, 2008 3285 SB 348. By Senators Hudgens of the 47th and Rogers of the 21st: A BILL to be entitled an Act to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes regarding insurance, so as to provide that the imposition of any fees or taxes for services provided by counties or municipal corporations upon insurance companies is in contravention of public policy; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 434. By Senators Harp of the 29th, Cowsert of the 46th, Staton of the 18th, Chance of the 16th, Wiles of the 37th and others: 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 change all references to the "Department of Adult and Technical Education" to the "Technical College System of Georgia"; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 24. By Senators Staton of the 18th, Shafer of the 48th, Chance of the 16th, Carter of the 13th, Rogers of the 21st 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. SB 196. By Senators Reed of the 35th, Harp of the 29th, Thompson of the 33rd, Tarver of the 22nd and Harbison of the 15th: A BILL to be entitled an Act to amend Part 4 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to military scholarships, so as to provide for scholarships for the children of persons killed or disabled as a result of combat wounds; to define certain terms; to provide for a scholarship equal to the tuition charges; to provide that the grant of such scholarships shall be contingent on funding; to repeal conflicting laws; and for other purposes. 3286 JOURNAL OF THE SENATE SB 417. By Senators Mullis of the 53rd, Seay of the 34th, Williams of the 19th, Stoner of the 6th and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner of transportation to develop and publish benchmarks and issue reports on the progress of construction projects; to require the commissioner to perform value engineering studies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 436. By Senators Cowsert of the 46th, Harp of the 29th, Weber of the 40th, Meyer von Bremen of the 12th, Adelman of the 42nd and others: A BILL to be entitled an Act to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to change provisions relating to voting for directors in publicly traded corporations; to provide for a contingency resignation of a director, which may be irrevocable; to change certain provisions relating to vacancies on a board; to change certain provisions relating to amending bylaws by the board of directors or shareholders; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 466. By Senators Bulloch of the 11th, Shafer of the 48th, Tolleson of the 20th, Chance of the 16th and Cowsert of the 46th: 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 exempt permanent facility car washes from outdoor watering restrictions under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute to the following Bills of the House: HB 984. By Representatives Cox of the 102nd, Carter of the 175th, Jerguson of the 22nd, Sheldon of the 105th and Coan of the 101st: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to revise definitions and add a new definition relating to childrens transition care centers; to change certain provisions relating to licensing and inspection of child welfare agencies; to provide for related matters; to repeal conflicting laws; and for other purposes. TUESDAY, APRIL 1, 2008 3287 HB 1044. By Representatives Walker of the 107th, Cooper of the 41st, Everson of the 106th, Heard of the 104th, Smyre of the 132nd and others: A BILL to be entitled an Act to amend Article 7 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to licensure of adult day centers, so as to provide that respite care services programs shall not be considered adult day centers for purposes of licensure; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1183. By Representatives Smith of the 113th, Royal of the 171st, Cox of the 102nd, Lewis of the 15th and Forster of the 3rd: A BILL to be entitled an Act to amend an Act amending Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, and amending Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, approved May 29, 2003 (Ga. L. 2003, p. 313), as amended by an Act approved May 1, 2006 (Ga. L. 2006, p. 686), so as to delay the repeal of a certain provision of said Act until June 30, 2010; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to nonlapsing revenue of institutions in the university system; to change certain provisions relating to nonlapsing of 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. The House has disagreed to the Senate substitute to the following Bill of the House: HB 1027. By Representatives Rice of the 51st, Roberts of the 154th, Bearden of the 68th and Floyd of the 147th: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to persons completing defensive driving course or alcohol or drug program, so as to provide for approval of classroom, Internet, or other technology based driver improvement clinics curriculums; to provide for certificates of completion; to delete references to advanced defensive driving courses; 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 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: 3288 JOURNAL OF THE SENATE HB 1055. By Representatives Williams of the 4th, Dickson of the 6th, Tumlin of the 38th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and licenses, so as to make revisions to certain provisions relating to professions and licenses; to provide that a designee of the division director of the professional licensing boards may sign and attest orders and processes; to amend certain requirements relating to applications for certification as a registered interior designer; to revise provision relating to inspector at auctions; to provide for service of documents and applications relating to geologists upon the division director at his or her office; to repeal certain provisions relating to license by reciprocity for massage therapists; to revise provisions relating to license by endorsement for massage therapists; to provide for certain education and training requirements satisfactory for the issuance of physical therapist licenses; to provide for licensure by endorsement for physical therapists; to provide for related matters; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Williams of the 4th, Tumlin of the 38th, and Shaw of the 176th. 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 1111. By Representatives Floyd of the 147th, Rice of the 51st, Talton of the 145th, Powell of the 29th and Forster of the 3rd: 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 persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements; to provide for drivers license fees; to provide for limited driving permits; to provide for the issuance of identification cards; to provide for issuance of a commercial drivers license; to provide for the contents of applications for commercial drivers licenses; to provide for the contents of commercial drivers licenses; to provide for commercial driving disqualifications; to provide for penalties for commercial driving violations; to provide for issuance of identification cards for persons with disabilities; 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 Floyd of the 147th, Parham of the 141st, and Rice of the 51st. TUESDAY, APRIL 1, 2008 3289 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 1245. By Representatives Ralston of the 7th, Knox of the 24th, Levitas of the 82nd and Martin of the 47th: A BILL to be entitled an Act to amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to revise matters relative to funding, budgeting, and the organization of providing indigent defense; to change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide that the Georgia Superior Court Clerks Cooperative Authority be responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defender Standards Council; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Ralston of the 7th, Knox of the 24th, and Levitas of the 82nd. The House adheres to its position in disagreeing to the Senate amendment to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the Senate: SB 145. By Senators Smith of the 52nd, Johnson of the 1st, Williams of the 19th, Seabaugh of the 28th, Moody of the 56th and others: A BILL to be entitled an Act to amend Code Section 16-5-1 and Chapter 10 of Title 17 of the O.C.G.A., relating to murder and felony murder and sentencing and punishment, respectively, so as to provide for the imposition of life without parole of persons convicted of murder independently of a death penalty prosecution; to repeal certain provisions relating to imprisonment for life without parole and finding statutory aggravating circumstance; to provide for certain information to be reported to the court under certain circumstances; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. 3290 JOURNAL OF THE SENATE The Speaker has appointed on the part of the House, Representatives Fleming of the 117th, Bearden of the 68th, and Everson of the 106th. 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 430. By Senators Hamrick of the 30th, Hill of the 32nd, Mullis of the 53rd, Pearson of the 51st and Murphy of the 27th: A BILL to be entitled an Act to amend Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, so as to provide that the Georgia Bureau of Investigation may include such information in a data base and compare such information to samples collected from evidentiary materials; to provide an effective date; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Neal of the 1st, Day of the 163rd, and Talton of the 145th. Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 1416. By Representatives Ramsey of the 72nd, Yates of the 73rd, Fludd of the 66th and Abdul-Salaam of the 74th: A BILL to be entitled an Act to amend an Act creating the State Court of Fayette County, approved April 13, 1994 (Ga. L. 1994, p. 4980), as amended, so as to change qualifications of the state court judge; to change statutory right to a jury trial; to change peremptory strikes; to change the compensation of the judge; to change the compensation of the solicitor; 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 Bill of the Senate: TUESDAY, APRIL 1, 2008 3291 SB 486. By Senator Chapman of the 3rd: A BILL to be entitled an Act to provide a homestead exemption from Glynn County School District ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older and whose 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 a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute to the following Bill of the House: HB 1309. By Representative Williams of the 178th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Brantley County, approved July 1, 1927 (Ga. L. 1927, p. 500), as amended, so as to change the salary of the chairperson; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SR 1285. By Senators Murphy of the 27th, Hudgens of the 47th and Hawkins of the 49th: A RESOLUTION creating the Senate Prior Approval and Prescription Drugs Study Committee; and for other purposes. Referred to the Rules Committee. SR 1288. By Senator Thompson of the 5th: A RESOLUTION creating the Senate Study Committee on the Organization of Mental Health, Developmental Disabilities, and Addictive Diseases Services; and for other purposes. Referred to the Rules Committee. SR 1289. By Senators Tarver of the 22nd and Wiles of the 37th: A RESOLUTION creating the Senate Exemptions for Purposes of Bankruptcy 3292 JOURNAL OF THE SENATE Study Committee; and for other purposes. Referred to the Rules Committee. SR 1291. By Senators Grant of the 25th, Rogers of the 21st, Harp of the 29th, Hill of the 4th, Wiles of the 37th and others: A RESOLUTION urging the Board of Regents of the University System of Georgia to name the proposed student resource center at the Georgia Institute of Technology in honor of Dr. G. Wayne Clough; and for other purposes. Referred to the Rules Committee. SR 1292. By Senators Chance of the 16th, Grant of the 25th, Mullis of the 53rd, Douglas of the 17th and Thompson of the 33rd: A RESOLUTION urging the State of Georgia to provide for specialty training of Emergency Medical Services (EMS) personnel by creating and funding an EMS training program at the Georgia Public Safety Training Center; and for other purposes. Referred to the Rules Committee. The following House legislation was read the first time and referred to committee: HB 1466. By Representative Cole of the 125th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Jasper County, approved July 23, 1923 (Ga. L. 1923, p. 255), as amended, so as to consolidate the amendatory Acts into one Act and to modernize and update such Act; to provide for a quorum; to provide for meetings; to provide for a chairperson and a vice-chairperson of the board; to provide for a county manager; to provide for bonds; to provide for compensation for board members; to provide for work detail; to provide for procedures regarding the filling of vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1468. By Representative Cole of the 125th: A BILL to be entitled an Act to create the Monroe County Public Facilities TUESDAY, APRIL 1, 2008 3293 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 the issuance and sale of revenue bonds and other obligations and their negotiability, sale, and use of proceeds from such sales; to provide for conditions for issuance of such obligations; 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 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 1469. By Representative Powell of the 29th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Franklin Springs, approved April 13, 1992 (Ga. L. 1992, p. 6180), so as to restate and reenact such charter; to provide for duties of the mayor and city manager; to revise provisions of the charter to conform with certain changes in law; 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 1471. By Representatives Knight of the 126th, Maddox of the 127th and Cole of the 125th: A BILL to be entitled an Act to amend an Act creating the Joint Board of Elections and Registration of Lamar County, approved May 14, 2007 (Ga. L. 2007, p. 3520), so as to revise the composition of the board; to provide for the continuation in office of persons serving as members of the board on a certain date; to eliminate term limits; to revise certain provisions relating to municipal primaries and elections; to provide for a four-year term for the supervisor of elections; to provide provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 3294 JOURNAL OF THE SENATE HB 1472. By Representatives Maddox of the 127th, Knight of the 126th and Cole of the 125th: A BILL to be entitled an Act to amend an Act creating the Lamar County Water and Sewer Authority, approved March 21, 1989 (Ga. L. 1989, p. 3942), so as to provide that one sitting member of the Lamar County Board of Commissioners may be appointed as a member of the Lamar County Water and Sewer Authority; 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 1473. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to authorize the City of Griffin 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 1474. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to authorize Spalding County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1475. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to provide a homestead exemption from GriffinSpalding County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that school district who are 65-69 years of age or older after a two-year phase-in period; to provide a homestead exemption from Griffin-Spalding 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 TUESDAY, APRIL 1, 2008 3295 school district who are 70-74 years of age or older after a two-year phase-in period; 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 1477. 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), by an Act approved May 5, 2006 (Ga. L. 2006, p. 4216), and by an Act approved May 30, 2007 (Ga. L. 2007, p. 4367), so as to revise the manner of selection of the members 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. HB 1478. By Representative Hatfield of the 177th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, so as to provide that teachers and employees employed by the board may address or speak to the board concerning matters involving the Ware County schools or school system during meetings of the board without seeking or obtaining the approval of any supervisors or the county school superintendent; to prohibit any form of retaliation against such teachers or employees for such activities; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1479. By Representative Hanner of the 148th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Terrell County approved April 13, 2004 (Ga. L. 2004, p. 3555), so as to increase the compensation for said board; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 3296 JOURNAL OF THE SENATE HB 1480. By Representative Pruett of the 144th: A BILL to be entitled an Act to amend an Act creating the office of commissioner of Dodge County, approved August 19, 1912 (Ga. L. 1912, p. 367), as amended, particularly by an Act approved April 21, 1997 (Ga. L. 1997, p. 4417), as amended, so as to change the terms of office of the members of the board of commissioners and provide for staggered terms; to provide that the members of the board elected from commissioner districts shall be elected by a majority vote of the electors voting within their respective commissioner districts; to provide that the chairperson shall be elected by a majority vote of the electors of the entire county voting in an election for such office; to provide for related matters; to require submission of this Act pursuant to the Federal Voting Rights Act of 1965; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1483. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Gainesville; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of such boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such districts; to provide for debt of such districts including bonded indebtedness; to provide for cooperation with local governments; to provide for powers of such boards; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1484. By Representatives Mills of the 25th, Collins of the 27th, Rogers of the 26th and Benton of the 31st: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Hall County; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of such boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such districts; to provide for debt TUESDAY, APRIL 1, 2008 3297 of such districts including bonded indebtedness; to provide for cooperation with local governments; to provide for powers of such boards; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1485. By Representative Houston of the 170th: A BILL to be entitled an Act to amend an Act establishing a new charter for the City of Nashville, approved March 17, 1978 (Ga. L. 1978, p. 4017), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4430), so as to provide new terms of office for the mayor and members of the city council; to provide for related matters; to provide for a referendum; to provide for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1486. By Representative Jamieson of the 28th: A BILL to be entitled an Act to repeal an Act creating the Banks County Family Connection Commission, approved April 13, 2001 (Ga. L. 2001, p. 4134), as amended; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1487. By Representatives Lunsford of the 110th, Watson of the 91st, Mosby of the 90th, Starr of the 78th, Davis of the 109th and others: A BILL to be entitled an Act to amend an Act amending and restating an Act known as the "Henry County Development Authority Act," approved April 25, 2002 (Ga. L. 2002, p. 5046), so as to provide for an alternative procedure to compensate authority members; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1488. By Representative Drenner of the 86th: A BILL to be entitled an Act to authorize the City of Clarkston to exercise all 3298 JOURNAL OF THE SENATE 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. Senator Harbison of the 15th recognized the Kendrick High School Lady Cherokees varsity basketball team, commended by SR 1183, adopted previously. The members pledged allegiance to the flag. Senator Hill of the 32nd introduced the chaplain of the day, Reverend Larry Arnold of Atlanta, Georgia, who offered scripture reading and prayer. Senator Thomas of the 2nd recognized the employees of the Georgia Ports Authority. Senator Rogers of the 21st introduced Third Day, the Grammy award winning contemporary Christian band, commended by SR 1284, adopted today. Mac Powell, lead singer, addressed the Senate briefly. At 11:26 a.m. Senator Eric Johnson, President Pro Tempore, 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. 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 Bills of the Senate: SB 355. By Senators Smith of the 52nd, Hamrick of the 30th, Cowsert of the 46th, Harp of the 29th, Meyer von Bremen of the 12th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to SB 366. SB 471. SB 517. TUESDAY, APRIL 1, 2008 3299 provide for the disbursement of certain settlement funds after closing even though such funds are not collected funds; to provide that lenders shall provide loan funds in the form of collected funds at or prior to closing; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Senators Grant of the 25th, Hamrick of the 30th, Bulloch of the 11th, Hill of the 4th and Goggans of the 7th: A BILL to be entitled an Act to amend Code Section 42-5-18 of the Official Code of Georgia Annotated, relating to giving weapons, intoxicants, drugs, or other items to inmates without the consent of the warden or superintendent, so as to prohibit inmates from receiving or possessing telecommunications devices; to establish that providing a telecommunications device to an inmate and possession of such device by an inmate shall be a felony; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance generally, so as to provide for regulator financial examinations of domestic insurers every five years; to provide for the confidentiality of examination work papers; to provide for the immunity from liability for a contracted examiner to be the same as that of an employee of the state conducting the same state functions; to provide for related matters; to repeal conflicting laws; and for other purposes. By Senator Hill of the 32nd: A BILL to be entitled an Act to amend Code Section 40-2-74 of the Official Code of Georgia Annotated, relating to special license plate for persons with disability, so as to provide for the issuance of special license plates for persons with disabilities to certain businesses for business vehicles used by disabled employees of such businesses; to provide for related matters; to repeal conflicting laws; and for other purposes. Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: 3300 SB 396. SB 418. SB 507. JOURNAL OF THE SENATE By Senators Hamrick of the 30th, Smith of the 52nd and Chance of the 16th: A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts, so as to remove all functions of the Department of Administrative Services and transfer such functions; to transfer administrative, and salary paying and travel expense reimbursement functions for superior court judges and court reporters to the Council of Superior Court Judges of Georgia; to amend Code Section 45-12-78 of the O.C.G.A., relating to heads of budget units to submit annual estimates, preparation and submission of budget estimates of legislative and judicial agencies, and review of budget estimates by the Office of Planning and Budget, so as provide that requests for new, expanded, relocated, or renovated rental real estate space be reviewed by the State Properties Commission in lieu of the Department of Administrative Services; to provide for related matters; to repeal conflicting laws; and for other purposes. By Senators Balfour of the 9th, Hawkins of the 49th and Cowsert of the 46th: 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 definitions; to provide for standards for testing of cigarettes; to provide for written certification; to provide for required marking of cigarettes; to provide for forfeiture; to provide civil penalties; to provide for inspections; to provide for preemption; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. By Senators Moody of the 56th, Carter of the 13th, Johnson of the 1st, Brown of the 26th, Butler of the 55th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to establish requirements for basic therapy services for children with disabilities detected under screening activities required by federal law; to provide for legislative findings; to provide for definitions; to assure similar treatments and services for categorically needy and medically fragile children; to provide certain requirements relating to administrative prior approval for services and appeals; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 531. TUESDAY, APRIL 1, 2008 3301 By Senators Hamrick of the 30th, Orrock of the 36th, Brown of the 26th, Chance of the 16th, Thompson of the 5th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, conveyances to secure debt, and liens, so as to require a foreclosure to be conducted by the current owner or holder of the mortgage, as reflected by public records; to provide for the identity of the secured creditor to be included in the advertisement and in court records; to provide for related matters; to repeal conflicting laws; and for other purposes. Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 130. By Senators Grant of the 25th, Whitehead, Sr. of the 24th, Cowsert of the 46th, Douglas of the 17th and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 10 of Title 2 of the O.C.G.A., relating to agricultural marketing facilities, organizations, and programs, so as to repeal Article 1, relating to the Georgia Building Authority (Markets); to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to repeal Article 2, relating to the Georgia Building Authority (Hospital); to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to repeal Chapter 3, relating to the Georgia Building Authority (Penal); to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 300. By Senators Rogers of the 21st and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, so as to provide for the creation of and maintenance by the department of a website which provides public access to certain state expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Audits and Accounts and the Department of Revenue; to provide for related matters; to repeal conflicting laws; and for other purposes. 3302 JOURNAL OF THE SENATE Senator Jackson of the 24th introduced the doctor of the day, Dr. Stewart Shevitz. 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 119 Do Pass by substitute HB 319 Do Pass by substitute HB 887 Do Pass by substitute HB 1163 Do Pass by substitute Respectfully submitted, Senator Hill of the 4th District, Chairman Mr. President: The Economic Development Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 953 Do Pass Respectfully submitted, Senator Pearson of the 51st 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 602 HB 904 HB 962 Do Pass Do Pass by substitute Do Pass by substitute HB 1169 Do Pass HB 1300 Do Pass HB 1321 Do Pass by substitute Respectfully submitted, Senator Weber of the 40th District, Chairman TUESDAY, APRIL 1, 2008 3303 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 931 Do Pass by substitute HB 948 Do Pass by substitute Respectfully submitted, Senator Rogers of the 21st District, Chairman Mr. President: The Government Oversight Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 544 Do Pass by substitute HB 864 Do Pass by substitute HB 977 Do Pass by substitute HB 1221 Do Pass by substitute Respectfully submitted, Senator Chance of the 16th 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 257 Do Pass HB 410 Do Pass by substitute HB 1297 Do Pass by substitute Respectfully submitted, Senator Smith of the 52nd 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 1043 Do Pass 3304 JOURNAL OF THE SENATE Respectfully submitted, Senator Shafer of the 48th 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 767 SR 1113 SR 1165 SR 1166 SR 1167 SR 1172 SR 1187 SR 1188 SR 1201 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass SR 1202 SR 1213 SR 1244 SR 1247 SR 1254 SR 1280 SR 1281 SR 1293 Do Pass Do Pass Do Pass Do Pass Do Pass 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 1269 HB 1271 HB 1272 HB 1302 HB 1332 HB 1333 HB 1334 HB 1410 HB 1411 HB 1414 HB 1432 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 1434 HB 1439 HB 1454 HB 1455 HB 1456 HB 1463 HB 1464 HB 1465 SB 513 SB 557 SB 561 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass by substitute Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Wiles of the 37th District, Chairman TUESDAY, APRIL 1, 2008 3305 The following legislation was read the second time: HB 119 HB 257 HB 319 HB 602 HB 887 HB 904 HB 931 HB 948 HB 953 HB 962 HB 1043 HB 1163 HB 1169 HB 1297 HB 1300 HB 1321 SR 767 SR 1113 SR 1165 SR 1166 SR 1167 SR 1172 SR 1187 SR 1188 SR 1201 SR 1202 SR 1213 SR 1244 SR 1247 SR 1254 SR 1280 SR 1281 SR 1293 Senator Bulloch of the 11th asked unanimous consent to suspend the Senate Rules to first read SR 1300 and assign it to committee. There was no objection. The following Senate legislation was introduced, read the first time and referred to committee: SR 1300. By Senator Bulloch of the 11th: A RESOLUTION urging the Governor to exercise certain executive authority with respect to collection of taxes; and for other purposes. Referred to the Rules Committee. The following resolutions were read and adopted: SR 1283. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Ashley Gregg; and for other purposes. SR 1284. By Senators Rogers of the 21st, Heath of the 31st and Chance of the 16th: A RESOLUTION recognizing and commending Third Day, the Grammy award winning contemporary Christian band; and for other purposes. SR 1287. By Senator Thompson of the 5th: A RESOLUTION recognizing the Many Horses Foundation and their upcoming Walk for the Water event; and for other purposes. 3306 JOURNAL OF THE SENATE SR 1290. By Senator Rogers of the 21st: A RESOLUTION commending Jason Kyle Rogers; and for other purposes. SR 1294. By Senators Thomas of the 54th and Mullis of the 53rd: A RESOLUTION recognizing April 3, 2008, as Fibromyalgia Awareness Day; and for other purposes. SR 1295. By Senator Butler of the 55th: A RESOLUTION commending Terrance Gaddy; and for other purposes. SR 1296. By Senator Butler of the 55th: A RESOLUTION commending Karen Holmes; and for other purposes. SR 1297. By Senator Butler of the 55th: A RESOLUTION honoring the memory of Dewey C. Brown, Jr., and expressing regret at his passing; and for other purposes. SR 1298. By Senator Butler of the 55th: A RESOLUTION commending Milton Howard; and for other purposes. SR 1299. By Senator Butler of the 55th: A RESOLUTION commending Paul Conroy; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Tuesday, April 1, 2008 Thirty-eighth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 557 HB 1302 HB 1410 TUESDAY, APRIL 1, 2008 3307 Brown of the 26th CITY OF ALLENTOWN A BILL to be entitled an Act to provide a new charter for the City of Allentown; to provide for incorporation, boundaries, and powers of the city; to provide for government of the city by a city council composed of a mayor and councilmembers; to provide for the election, service, compensation, powers, and duties of the mayor and councilmembers; to provide for the powers and procedures of the city council; to provide for city officers, employees, departments, and agencies; to provide for a municipal court and its jurisdiction, powers, officers, and affairs; to provide for municipal elections; to provide for the removal of officers; to provide for the imposition, assessment, collection, and enforcement of various forms of municipal taxation; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Seay of the 34th Davenport of the 44th CLAYTON COUNTY A BILL to be entitled an Act to provide a code of ethics for the Clayton County School System; to provide for prohibited practices; to provide for disclosure; to provide for an ethics commission; to provide for membership; to provide for appointment and vacancies; to provide for eligibility; to provide for duties and powers; to provide for compensation; to provide for complaints; to provide for hearings and actions; to provide for sanctions; to provide for appeals; to provide for a training program; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Douglas of the 17th Cowsert of the 46th WALTON COUNTY A BILL to be entitled an Act to amend an Act changing the manner and method of choosing members of the board of education of Walton County, approved April 4, 1968 (Ga. L. 1968, p. 2974), as amended, so as to change the method of compensation of members of the board; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 3308 HB 1414 HB 1439 HB 1454 JOURNAL OF THE SENATE Hamrick of the 30th Reed of the 35th STATE COURT OF DOUGLAS COUNTY A BILL to be entitled an Act to amend an Act creating the State Court of Douglas County, approved April 1, 1999 (Ga. L. 1999, p. 3606), so as to provide an additional judge for the State Court of Douglas County; to provide for the appointment of the initial additional judge and the election of successors; to provide for terms of office of said additional judge and successors to such judge; to provide for powers and privileges of said additional 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. Hamrick of the 30th CITY OF VILLA RICA A BILL to be entitled an Act to create the City of Villa Rica Public Facilities 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 the issuance and sale of revenue bonds and their negotiability, sale, and use of proceeds from such sales; to provide for conditions for issuance of such obligations; to prohibit the pledge of credit for the payment of bonds; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Murphy of the 27th Pearson of the 51st FORSYTH COUNTY PUBLIC FACILITIES AUTHORITY A BILL to be entitled an Act to create the Forsyth County Public Facilities Authority; to provide for the appointment of members of such 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 HB 1455 HB 1456 HB 1463 TUESDAY, APRIL 1, 2008 3309 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 provide for an effective date; to repeal conflicting laws; and for other purposes. Jackson of the 24th WILKES COUNTY A BILL to be entitled an Act to amend an Act recreating the board of commissioners of Wilkes County, approved April 17, 1975 (Ga. L. 1975, p. 2979), as amended, so as to provide for the authority of the board of commissioners to carry out purchasing of property and services for governmental purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. Hawkins of the 49th STATE COURT OF HALL COUNTY A BILL to be entitled an Act to amend an Act creating the State Court of Hall County, approved August 14, 1891 (Ga. L. 1890-91, Vol. II, p. 939), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4461), so as to provide for an additional judge for said court after June 30, 2008; to provide for the initial appointment and subsequent election of such additional judge; to provide for terms of office; to provide for the qualifications and compensation of such additional judge; to provide an effective date; to repeal conflicting laws; and for other purposes. Tarver of the 22nd Powell of the 23rd AUGUSTA-RICHMOND COUNTYCOLISEUM AUTHORITY A BILL to be entitled an Act to amend an Act creating the AugustaRichmond County Coliseum Authority, approved April 17, 1973 (Ga. L. 1973, p. 3042), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3300), and an Act approved March 16, 1993 (Ga. L. 1993, p. 4087), so as to change the name of the authority; to change the membership of the authority; to provide for the terms and appointment of members of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes. (SUBSTITUTE) 3310 JOURNAL OF THE SENATE HB 1464 Hudgens of the 47th MADISON COUNTY A BILL to be entitled an Act to amend 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, so as to provide for staggered terms of office for the chairperson and commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1465 Jackson of the 24th CITY OF HARLEM A BILL to be entitled an Act to provide a new charter for the City of Harlem; 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 administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes. Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following eleven local bills relating to homestead exemptions require a two-thirds roll-call vote for passage: SB 513 Hill of the 32nd Reed of the 35th Orrock 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 provide a homestead exemption SB 561 HB 1269 TUESDAY, APRIL 1, 2008 3311 from Fulton County ad valorem taxes for county purposes in the amount of 50 percent of the assessed value of the homestead for residents of that county who are 65 years of age or older and whose household income does not exceed 200 percent of the federal poverty level; 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. Mullis of the 53rd CITY OF FT. OGLETHORPE A BILL to be entitled an Act to provide for a homestead exemption from City of Fort Oglethorpe 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 an exemption in the amount of $40,000.00 of the assessed value of the homestead for residents of that city who are at least 60 but less than 70 years of age; to provide an exemption in the amount of the full value of the assessed value of the homestead for residents of that city who are 70 years of age or older or who are totally 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. Rogers of the 21st Murphy of the 27th CHEROKEE COUNTY A BILL to be entitled an Act to provide for a homestead exemption from Cherokee 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. 3312 HB 1271 HB 1272 HB 1332 JOURNAL OF THE SENATE Rogers of the 21st Murphy of the 27th CITY OF HOLLY SPRINGS A BILL to be entitled an Act to provide for a homestead exemption from City of Holly 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; 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. Rogers of the 21st CITY OF WOODSTOCK A BILL to be entitled an Act to provide for a homestead exemption from City of Woodstock 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 applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Hudgens of the 47th Hawkins of the 49th JACKSON COUNTY A BILL to be entitled an Act to amend an Act providing a homestead exemption from Jackson County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved March 24, 1994 (Ga. L. 1994, p. 3758), as amended, particularly by an Act approved April 30, 2002 (Ga. L. 2002, p. 4358), so as to provide for an additional $40,000.00 exemption for persons who are HB 1333 HB 1334 TUESDAY, APRIL 1, 2008 3313 65 years of age or over; to provide that both exemptions shall be subject to a net income limitation of $18,000.00 not including retirement income; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Hudgens of the 47th Hawkins of the 49th CITY OF JEFFERSON A BILL to be entitled an Act to amend an Act providing a homestead exemption from City of Jefferson independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved April 25, 2002 (Ga. L. 2002, p. 4353), so as to increase such additional exemption for such persons from $20,000.00 to $40,000.00; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Hudgens of the 47th CITY OF COMMERCE A BILL to be entitled an Act to amend an Act providing for a homestead exemption from City of Commerce independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved April 25, 2002 (Ga. L. 2002, p. 4349), so as to increase such additional exemption for such persons from $20,000.00 to $40,000; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. 3314 HB 1411 HB 1432 HB 1434 JOURNAL OF THE SENATE Hawkins of the 49th HALL COUNTY A BILL to be entitled an Act to amend an Act providing for homestead exemptions from Hall County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens, approved April 6, 1998 (Ga. L. 1998, p. 4281), as amended, so as to allow any person who is 62 to 70 years of age who receives the first exemption to automatically receive the second exemption upon reaching 70 years of age; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Seabaugh of the 28th Heath of the 31st CITY OF BREMEN A BILL to be entitled an Act to provide a homestead exemption from City of Bremen independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that school district who are 62 years of age or older and whose income including the income of such persons spouse, 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. Seabaugh of the 28th Hamrick of the 30th CITY OF CARROLLTON A BILL to be entitled an Act to provide a homestead exemption from City of Carrollton independent school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. TUESDAY, APRIL 1, 2008 3315 The substitute to the following bill was put upon its adoption: *HB 1463: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1463: A BILL TO BE ENTITLED AN ACT To amend an Act creating the Augusta-Richmond County Coliseum Authority, approved April 17, 1973 (Ga. L. 1973, p. 3042), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3300), and an Act approved March 16, 1993 (Ga. L. 1993, p. 4087), so as to change the name of the authority; to change the membership of the authority; to provide for the terms and appointment of members of 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 Augusta-Richmond County Coliseum Authority, approved April 17, 1973 (Ga. L. 1973, p. 3042), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3300), and an Act approved March 16, 1993 (Ga. L. 1993, p. 4087), is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows: "SECTION 2. (a) There is created a body corporate and politic to be known as the AugustaRichmond County Coliseum Commission, which shall be a successor to the AugustaRichmond County Coliseum Authority, and 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 complain and defend in all courts of law and equity. Effective on and after July 1, 2008, the commission shall consist of nine members to be appointed as follows: (1) Eight members shall be appointed by the Augusta-Richmond County Commission, with the five commissioners of Super District 9 entitled to appoint four members and the five commissioners of Super District 10 entitled to appoint four members; and (2) One member shall be appointed by the mayor of the City of Augusta, Georgia. In order to be qualified to serve on the commission an appointee shall be a resident of Richmond County and should have experience in one or more of the following fields: business administration and management, business finance, the food services industry, the entertainment industry, advertising, marketing, law, or other related field. (b) The appointees shall serve two-year terms; provided, however, that two members 3316 JOURNAL OF THE SENATE appointed from each of the Super Districts shall be appointed for an initial term of one year. The commissioners of each Super District shall determine and designate by majority vote which two members of the four members to be appointed by such commissioners shall serve an initial term of only one year. In order for an appointee to be removed from the authority, seven members of the August-Richmond County Commission, without the necessity of a showing of cause, must vote for the removal of the appointee. (c) The members of the authority in office on June 30, 2008, shall not serve until the regular expiration of the terms to which such members were appointed and the terms of such members shall expire on midnight of June 30, 2008. No member of the authority who has held office at any time in the six months prior to the effective date of this Act shall be eligible for re-appointment to the commission created under the provisions of this Act. (d) As soon as practicable on or after June 1, 2008, the mayor and the AugustaRichmond County Commission shall appoint such members provided for in this section for initial terms beginning on July 1, 2008, to replace the previously appointed members. All appointees to the commission shall serve until their respective successors are appointed and qualified. Members of the commission shall be allowed to succeed themselves and be reappointed for a maximum of two consecutive terms. (e) Immediately after their appointment, the members of the commission shall enter upon their duties. They shall all attend an orientation and training course approved by the Augusta-Richmond County Commission. They shall elect one of their number as chairperson, another as vice chairperson, and may also elect a secretary and treasurer who need not necessarily be a member of the commission. The chairperson and vice chairperson, secretary and treasurer shall serve for a period of one year and until their successors are appointed and qualified. Six members of the commission shall constitute a quorum. The chairperson shall be a nonvoting member of the commission, except he or she may vote to break a tie vote by the other members. The chairperson shall form committees and appoint members thereto as he or she deems necessary. (f) In the event of a vacancy by reason of death, disqualification, removal, resignation, or other reason, the governing body which appointed such member shall appoint a person to serve the remainder of the term of such member. No vacancy on the commission shall impair the right of the quorum to exercise all their rights and to perform all of the duties of the Authority. (g) The members of the commission shall serve without compensation provided that all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The commission shall make rules and regulations governing the procedures to be followed in conducting the business of the commission. It shall have perpetual existence." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. TUESDAY, APRIL 1, 2008 SECTION 3. All laws and parts of laws in conflict with this Act are repealed. 3317 On the adoption of the substitute, the yeas were 53, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams On the passage of the local bills, the yeas were 53, nays 0. The bills on the Local Consent Calendar, except HB 1463, having received the requisite constitutional majority, were passed. HB 1463, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: 3318 JOURNAL OF THE SENATE HB 1245. By Representatives Ralston of the 7th, Knox of the 24th, Levitas of the 82nd and Martin of the 47th: A BILL to be entitled an Act to amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to revise matters relative to funding, budgeting, and the organization of providing indigent defense; to change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide that the Georgia Superior Court Clerks Cooperative Authority be responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defender Standards Council; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. Senator Wiles of the 37th asked unanimous consent that the Senate adhere to its substitute to HB 1245 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, Wiles of the 37th and Smith of the 52nd. Senator Rogers of the 21st asked unanimous consent that HB 1133 on the Senate Rules Calendar for today be engrossed. 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 Butler Y Carter Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton N Stoner N Tarver N Tate Thomas,D N Thomas,R N Thompson,C TUESDAY, APRIL 1, 2008 3319 Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Murphy N Orrock Y Pearson Powell N Ramsey N Reed Y Rogers N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 32, nays 20 the motion prevailed and HB 1133 was engrossed. Senator Chance of the 16th was excused for business outside the Senate Chamber. Senator Rogers of the 21st asked unanimous consent that HB 1151 on the Senate Rules Calendar for today be engrossed. 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 Carter E Chance Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton N Stoner N Tarver N Tate Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 31, nays 22 the motion prevailed and HB 1151 was engrossed. 3320 JOURNAL OF THE SENATE Senator Rogers of the 21st asked unanimous consent that HB 1078 on the Senate Rules Calendar for today be engrossed. 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 Carter E Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 33, nays 20 the motion prevailed and HB 1078 was engrossed. Senator Rogers of the 21st asked unanimous consent that HB 1129 on the Senate Rules Calendar for today be engrossed. 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 Carter Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton TUESDAY, APRIL 1, 2008 3321 E Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers N Stoner N Tarver N Tate Y Thomas,D N Thomas,R Thompson,C N Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the motion, the yeas were 32, nays 20 the motion prevailed and HB 1129 was engrossed. Senator Rogers of the 21st asked unanimous consent that HB 1246 on the Senate Rules Calendar for today be engrossed. 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 Carter E Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton N Stoner N Tarver N Tate Y Thomas,D N Thomas,R Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams 3322 JOURNAL OF THE SENATE On the motion, the yeas were 33, nays 21 the motion prevailed and HB 1246 was engrossed. Senator Rogers of the 21st asked unanimous consent that HB 237 on the Senate Rules Calendar for today be engrossed. 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 Carter E Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton N Stoner N Tarver N Tate Y Thomas,D N Thomas,R Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 34, nays 20 the motion prevailed and HB 237 was engrossed. Senator Rogers of the 21st asked unanimous consent that HB 272 on the Senate Rules Calendar for today be engrossed. 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 Heath Henson Y Hill,Jack Y Schaefer Y Seabaugh N Seay TUESDAY, APRIL 1, 2008 3323 Y Bulloch N Butler Y Carter E Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the motion, the yeas were 34, nays 20 the motion prevailed and HB 272 was engrossed. Senator Rogers of the 21st asked unanimous consent that HB 670 on the Senate Rules Calendar for today be engrossed. 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 Carter E Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson N Powell Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton N Stoner N Tarver Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber 3324 JOURNAL OF THE SENATE N Harbison Y Harp Y Hawkins N Ramsey N Reed Y Rogers Y Wiles Y Williams On the motion, the yeas were 32, nays 20 the motion prevailed and HB 670 was engrossed. Senator Rogers of the 21st asked unanimous consent that HB 831 on the Senate Rules Calendar for today be engrossed. 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 Carter E Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the motion, the yeas were 33, nays 22 the motion prevailed and HB 831 was engrossed. Senator Rogers of the 21st asked unanimous consent that HB 957 on the Senate Rules Calendar for today be engrossed. Senator Adelman of the 42nd objected. On the motion, a roll call was taken, and the vote was as follows: TUESDAY, APRIL 1, 2008 3325 N Adelman Y Balfour N Brown Y Bulloch N Butler Y Carter E Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the motion, the yeas were 32, nays 21 the motion prevailed and HB 957 was engrossed. Senator Rogers of the 21st asked unanimous consent that HB 1065 on the Senate Rules Calendar for today be engrossed. 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 Carter E Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Murphy Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton N Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S 3326 JOURNAL OF THE SENATE N Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 33, nays 22 the motion prevailed and HB 1065 was engrossed. Senator Rogers of the 21st asked unanimous consent that HB 1168 on the Senate Rules Calendar for today be engrossed. 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 Carter E Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the motion, the yeas were 31, nays 22 the motion prevailed and HB 1168 was engrossed. Senator Rogers of the 21st asked unanimous consent that HB 1178 on the Senate Rules Calendar for today be engrossed. TUESDAY, APRIL 1, 2008 3327 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 Carter E Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson Jones Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton N Stoner Tarver N Tate Y Thomas,D N Thomas,R Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams On the motion, the yeas were 33, nays 17 the motion prevailed and HB 1178 was engrossed. Senator Rogers of the 21st asked unanimous consent that HB 1249 on the Senate Rules Calendar for today be engrossed. 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 Carter E Chance Y Chapman Y Cowsert Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson N Jones Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton N Stoner N Tarver N Tate 3328 JOURNAL OF THE SENATE N Davenport Y Douglas N Fort Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins N Me V Bremen Y Moody Y Mullis Murphy N Orrock Y Pearson Powell N Ramsey N Reed Y Rogers Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams On the motion, the yeas were 31, nays 20 the motion prevailed and HB 1249 was engrossed. The following Senators were excused for business outside the Senate Chamber: Moody of the 56th Smith of the 52nd SENATE RULES CALENDAR TUESDAY, APRIL 1, 2008 THIRTY-EIGHTH LEGISLATIVE DAY HB 111 Delayed birth certificates; petitions in probate and superior court; permit (S JUDY-12th) Scott-153rd HB 188 Jury duty; primary caregiver of certain persons; provide exemption (JUDY-42nd) Rynders-152nd HB 333 Weapons; crime or delinquent act; provisions (PUB SAF-34th) Starr-78th HB 470 Georgia Lemon Law; enact (Substitute)(S JUDY-12th) Parrish-156th HB 1133 Education; student scholarship organizations; provisions (FIN-1st) Casas-103rd HB 611 State Construction Industry Licensing Board; Class I; provide changes (RI&Util-20th) Maxwell-17th HB 1151 Income tax; exempt organizations; change provisions (Substitute) (FIN-28th) Knight-126th HB 964 Georgia ports and harbors; operation of certain vessels; revise provisions (NR&E-2nd) Day-163rd TUESDAY, APRIL 1, 2008 3329 HB 1078 HB 1090 HB 1116 HB 1129 HB 1160 HB 1246 HB 1280 HB 1281 HB 1346 HB 237 HB 250 HB 255 HB 272 HB 670 HB 815 Sales and use tax; change certain definitions (FIN-7th) O`Neal-146th Controlled substances; Schedule I, II, III and IV; change certain provisions (JUDY-54th) Stephens-164th Probation Management Act of 2004; modify certain provisions (SI&P-25th) Barnard-166th Georgia Tourism Development Act; enact (Substitute)(FIN-51st) Lewis-15th Transferable development rights; severance; provide (Substitute) (S JUDY-6th) Walker-107th Income tax credit; certain business enterprises; include broadcasting (Substitute)(FIN-21st) Peake-137th Alcoholic beverages; regional economic assistance projects; provide state licensing (RI&Util-48th) Stephens-164th Water resources; local government restrictions; more restrictive than state; prohibit (Substitute)(AG&CA-11th) England-108th Theft; organized retail theft; create offense (Substitute)(JUDY-30th) O`Neal-146th Sales and use tax; water pollution eliminating machinery exemptions; change certain provisions (Substitute)(FIN-21st) Martin-47th Local boards of education; reports of criminal offenses; revise certain provisions (Substitute)(ED&Y-40th) Maxwell-17th Public retirement systems; public employment related crime; expand definition (Substitute)(RET-31st) Bridges-10th Sales and use tax; natural or artificial gas sales; provide phased-in exemption (Substitute)(FIN-21st) Lewis-15th Income tax credit; wood residuals; provide (Substitute)(FIN-53rd) Sims-169th Teachers Retirement System; Regents Retirement Plan; change provisions (RET-29th) Rogers-26th 3330 JOURNAL OF THE SENATE HB 831 HB 957 HB 1040 HB 1051 HB 1065 HB 1093 HB 1168 HB 1178 HB 1235 HB 1249 HB 1277 HB 1299 HB 280 Public Charter School Capital Financing Act; enact (FIN-40th) Setzler-35th Sales and use tax exemption; certain qualified nonprofit job training organizations; extend sunset date (FIN-7th) Stephens-164th Juvenile courts; deprived child; permanent guardian; grant jurisdiction (JUDY-29th) Lindsey-54th Child abuse; county multiagency child fatality review committee; change certain provisions (JUDY-52nd) Willard-49th Sales tax; local charter schools; capital outlay projects; authorize (FIN-21st) Royal-171st Liquidated damages; demand; change certain provisions (Substitute) (JUDY-46th) Willard-49th Excise tax; public accommodation furnishings; change certain provisions (Substitute)(FIN-21st) O`Neal-146th Sales and use tax; liquefied petroleum gas; certain purposes; provide exemption (FIN-8th) Black-174th Motor vehicles; fleet policies; insurance issuance requirements; change notice (Substitute)(I&L-43rd) Scott-153rd Income tax credit; solar energy technology manufacturing facilities; provide (Substitute)(FIN-21st) Lewis-15th Health insurance plans; education personnel; consider charter school employees; provide (ED&Y-40th) Kaiser-59th Certain hospital authorities; contract with nonprofit corporations; require (Substitute)(GvtO-48th) Jacobs-80th Controlled substances; sale of marijuana flavored products to minors; ban (Substitute)(AG&CA-6th) Manning-32nd Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee TUESDAY, APRIL 1, 2008 3331 The following legislation was read the third time and put upon its passage: HB 111. By Representative Scott of the 153rd: A BILL to be entitled an Act to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to permit petitions for delayed birth certificates to be filed in the probate court as well as the superior court; to provide for related matters; 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen E Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D C Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. HB 111, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: 3332 JOURNAL OF THE SENATE HB 1027. By Representatives Rice of the 51st, Roberts of the 154th, Bearden of the 68th and Floyd of the 147th: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to persons completing defensive driving course or alcohol or drug program, so as to provide for approval of classroom, Internet, or other technology based driver improvement clinics curriculums; to provide for certificates of completion; to delete references to advanced defensive driving courses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Bulloch of the 11th asked unanimous consent that the Senate insist on its substitute to HB 1027. The consent was granted, and the Senate insisted on its substitute to HB 1027. The following Senators were excused for business outside the Senate Chamber: Balfour of the 9th Stoner of the 6th Mullis of the 53rd Smith of the 52nd The Calendar was resumed. HB 188. By Representatives Rynders of the 152nd, Manning of the 32nd, Walker of the 107th, Ralston of the 7th, Willard of the 49th 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 for an exemption for a primary caregiver of a person aged six or older with physical or cognitive limitations; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Adelman of the 42nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman C Balfour Y Brown Y Bulloch Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Schaefer Y Seabaugh Y Seay Y Shafer,D TUESDAY, APRIL 1, 2008 3333 Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen E Moody C Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers C Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Williams On the passage of the bill, the yeas were 48, nays 1. HB 188, having received the requisite constitutional majority, was passed. Senator Adelman of the 42nd was excused for business outside the Senate Chamber. HB 333. By Representatives Starr of the 78th, Talton of the 145th, Lunsford of the 110th and Glanton of the 76th: A BILL to be entitled an Act to amend Code Section 17-5-52 of the Official Code of Georgia Annotated, relating to sale or destruction of weapons used in the commission of a crime or delinquent act involving possession, so as to provide that weapons used in the commission of a crime or a delinquent act shall be turned over to the sheriff, chief of police, or other executive officer of a law enforcement agency which confiscated the weapon for disposal in accordance with law; to provide for procedures for disposal and record keeping; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Seay of the 34th. Senator Fort of the 39th offered the following amendment #1: Amend HB 333 by revising lines 1 through 3 of page 1 to read as follows: To amend Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches and seizures, so as to change provisions relating to issuance of search warrants by judicial officers; to provide that no-knock warrants shall not be issued in this state 3334 JOURNAL OF THE SENATE except under limited circumstances; to change certain provisions relating to sale or destruction of weapons used in the commission of a crime or delinquent act involving possession; to provide that weapons used in the commission of a crime or a delinquent By redesignating Section 1 as Section 1A and inserting between the enacting clause and Section 1A the following: SECTION 1. Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches and seizures, is amended by revising Code Section 17-5-22, relating to issuance of search warrants by judicial officers generally and maintenance of docket record of warrants issued, as follows: "17-5-22. (a) As used in this Code section, the term 'no-knock' means a provision in a warrant that authorizes an officer executing a warrant to enter without giving audible notice of the officers presence, authority, and purpose. (b) All warrants shall state the time and date of issuance and are the warrants of the judicial officer issuing the same and not the warrants of the court in which he the judicial officer is then sitting. Such warrants need not bear the seal of the court or clerk thereof. No search warrant shall be issued which contains a no-knock provision unless the affidavit or testimony supporting the warrant establishes by probable cause that if an officer were to knock and announce identity and purpose before entry, such act of knocking and announcing would likely pose a significant and imminent danger to human life or imminent danger of evidence being destroyed. The warrant, the complaint on which the warrant is issued, the affidavit or affidavits supporting the warrant, and the returns shall be filed with the clerk of the court of the judicial officer issuing the same, or with the court if there is no clerk, at the time the warrant has been executed or has been returned 'not executed'; provided, however, that the judicial officer shall keep a docket record of all warrants issued by him the judicial officer and upon issuing any warrant he the judicial officer shall immediately record the same, within a reasonable time, on the docket." By revising lines 10 through 12 of page 1 as follows: Said chapter is further amended by revising Code Section 17-5-52 of the Official Code of Georgia Annotated, relating to sale or destruction of weapons used in the commission of a crime or delinquent act involving possession, as follows: Senator Seay of the 34th 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. TUESDAY, APRIL 1, 2008 On the passage of the bill, a roll call was taken, and the vote was as follows: 3335 E Adelman C Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen E Moody C Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D C Smith Y Staton C Stoner N Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 3. HB 333, having received the requisite constitutional majority, was passed. HB 470. By Representatives Parrish of the 156th, Rice of the 51st, Parham of the 141st and Powell of the 29th: A BILL to be entitled an Act to repeal Article 28 of Chapter 1 of Title 10 of the O.C.G.A., relating to motor vehicle warranty rights; to enact a new Article 28 of Chapter 1 of Title 10 to be known as the "Georgia Lemon Law"; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for documents and information to be provided to consumers; to provide for a duty of the manufacturer to repair and correct nonconformities; to provide for replacement or repurchase of nonconforming vehicles; to provide for an informal dispute settlement mechanism; to provide for arbitration; to provide for an appeal of the arbitration decision; to require exhaustion of remedies by the consumer; to provide for a new motor vehicle arbitration panel; to provide for resale of a nonconforming vehicle; to provide for collection of a consumer fee; to provide for new motor vehicle dealer liability; 3336 JOURNAL OF THE SENATE to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Meyer von Bremen of the 12th. The Senate Special Judiciary Committee offered the following substitute to HB 470: A BILL TO BE ENTITLED AN ACT To repeal Article 28 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle warranty rights; to enact a new Article 28 of Chapter 1 of Title 10 to be known as the "Georgia Lemon Law"; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for documents and information to be provided to consumers; to provide for a duty of the manufacturer to repair and correct nonconformities; to provide for replacement or repurchase of nonconforming vehicles; to provide for an informal dispute settlement mechanism; to provide for arbitration; to provide for an appeal of the arbitration decision; to require exhaustion of remedies by the consumer; to provide for a new motor vehicle arbitration panel; to provide for resale of a nonconforming vehicle; to provide for collection of a consumer fee; to provide for new motor vehicle dealer liability; to provide for other rights and remedies; to provide for staffing; to provide for rulemaking authority; to provide for severability; to provide for waiver of rights under provisions as contrary to public policy; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 28 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle warranty rights, is amended by striking it in its entirety and inserting in its place a new article to read as follows: "ARTICLE 28 10-1-780. This article shall be known and may be cited as the 'Georgia Lemon Law.' 10-1-781. The General Assembly recognizes that a new motor vehicle is a major consumer purchase and that a defectively manufactured new motor vehicle is likely to create hardship for, or may cause injury to, the consumer. It is the intent of the General Assembly to create a procedure for expeditious resolution of complaints and disputes concerning nonconforming new motor vehicles, to provide a method for notifying TUESDAY, APRIL 1, 2008 3337 consumers of their rights under this article, and to ensure that consumers receive information, documents, and service necessary to enable them to exercise their rights under this article. In enacting these comprehensive measures, the General Assembly intends to encourage manufacturers to take all steps necessary to correct nonconformities in new motor vehicles and to create the proper blend of private and public remedies necessary to enforce this article. 10-1-782. Unless the context clearly requires otherwise, as used in this article, the term: (1) 'Adjusted capitalized cost' means the amount shown as the adjusted capitalized cost in the lease agreement. (2) 'Administrator' means the administrator appointed pursuant to Code Section 10-1395 or his or her designee. (3) 'Authorized agent' means any person, including a franchised motor vehicle dealer, who is authorized by the manufacturer to service motor vehicles. (4) 'Collateral charges' means charges incurred by a consumer as a result of the purchase of a new motor vehicle including, but not limited to, charges attributable to factory or dealer installed options, sales tax and title charges, and earned finance charges. (5) 'Consumer' means each of the following: (A) A person who purchases or leases a new motor vehicle for personal, family, or household use and not for the purpose of selling or leasing the new motor vehicle to another person; and (B) A person who purchases or leases ten or fewer new motor vehicles a year for business purposes other than limousine rental services. (6) 'Days' means calendar days. (7) 'Express warranty' means a warranty which is given by the manufacturer in writing. (8) 'Incidental costs' means any reasonable expenses incurred by a consumer in connection with the repair of a new motor vehicle, including, but not limited to, payments to new motor vehicle dealers for the attempted repair of nonconformities, towing charges, and the costs of obtaining alternative transportation. (9) 'Informal dispute settlement mechanism' means any procedure established, employed, utilized, or sponsored by a manufacturer for the purpose of resolving disputes with consumers under this article. (10) 'Lemon law rights period' means the period ending two years after the date of the original delivery of a new motor vehicle to a consumer or the first 24,000 miles of operation after delivery of a new motor vehicle to the original consumer, whichever occurs first. The lemon law rights period shall be extended by one day for each day that repair services are not available to the consumer as a direct result of a strike, war, invasion, terrorist act, blackout, fire, flood, other disaster, or declared state of emergency. (11) 'Lessee' means any consumer who enters into a written lease agreement or 3338 JOURNAL OF THE SENATE contract to lease a new motor vehicle for a period of at least one year and is responsible for repairs to such vehicle. (12) 'Lessee cost' means the aggregate payment made by the lessee at the inception of the lease agreement or contract, inclusive of any allowance for a trade-in vehicle, and all other lease payments made by or on behalf of the lessee to the lessor. (13) 'Lessor' means a person who holds title to a new motor vehicle that is leased to a consumer under a written lease agreement or contract or who holds the lessors rights under such agreement. (14) 'Manufacturer' means any person engaged in the business of constructing or assembling new motor vehicles or engaged in the business of importing or receiving imports of new motor vehicles into the United States for the purpose of selling or distributing them to new motor vehicle dealers. (15) 'New motor vehicle' means any self-propelled vehicle primarily designed for the transportation of persons or property over the public highways that was leased, purchased, or registered in this state by the consumer or lessor to whom the original motor vehicle title was issued without previously having been issued to any person other than a new motor vehicle dealer. The term 'new motor vehicle' does not include any vehicle on which the title and other transfer documents show a used, rather than new, vehicle. The term 'new motor vehicle' also does not include trucks with more than 12,000 pounds gross vehicle weight rating, motorcycles, or golf carts. If a new motor vehicle is a motor home, this article shall apply to the self-propelled vehicle and chassis, but does not include those portions of the vehicle designated, used, or maintained primarily as living quarters, office, or commercial space. (16) 'New motor vehicle dealer' means a person who holds a dealer agreement with a manufacturer for the sale of new motor vehicles, who is engaged in the business of purchasing, selling, servicing, exchanging, leasing, or dealing in new motor vehicles, or who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales. (17) 'Nonconformity' means a defect, a serious safety defect, or a condition, any of which substantially impairs the use, value, or safety of a new motor vehicle to the consumer or renders the new motor vehicle nonconforming to a warranty. A nonconformity does not include a defect, a serious safety defect, or a condition that is the result of abuse, neglect, or unauthorized modification or alteration of the new motor vehicle. (18) 'Panel' means the new motor vehicle arbitration panel as designated in this article. (19) 'Person' shall have the same meaning as provided in Code Section 10-1-392. (20) 'Purchase price' means, in the case of a sale of a new motor vehicle to a consumer, the cash price of the new motor vehicle appearing in the sales agreement or contract, inclusive of any reasonable allowance for a trade-in vehicle. In the case of a lease executed by a consumer, 'purchase price' refers to the agreed upon value of the vehicle as shown in the lease agreement or contract. (21) 'Reacquired vehicle' means a new motor vehicle with an alleged nonconformity TUESDAY, APRIL 1, 2008 3339 that has been replaced or repurchased by the manufacturer as the result of any court order or judgment, arbitration decision, voluntary settlement entered into between a manufacturer and the consumer, or voluntary settlement between a new motor vehicle dealer and a consumer in which the manufacturer directly or indirectly participated. (22) 'Reasonable number of attempts' under the lemon law rights period shall be as set forth in subsection (a) of Code Section 10-1-784. (23) 'Reasonable offset for use' means an amount calculated by multiplying the purchase price of a vehicle by the number of miles directly attributable to consumer use as of the date on which the consumer first delivered the vehicle to the manufacturer, its authorized agent, or the new motor vehicle dealer for repair of a nonconformity and dividing the product by 120,000, or in the case of a motor home 90,000. (24) 'Replacement motor vehicle' means a new motor vehicle that is identical or at least equivalent to the motor vehicle to be replaced as the motor vehicle to be replaced existed at the time of purchase or execution of the lease. (25) 'Serious safety defect' means a life-threatening defect or a malfunction that impedes the consumers ability to control or operate the motor vehicle for ordinary use or reasonable intended purposes or creates a risk of fire or explosion. (26) 'Superior court' means the superior court in the county where the consumer resides, except if the consumer does not reside in this state, then the superior court in the county where an arbitration hearing was conducted pursuant to this article. (27) 'Warranty' means any manufacturers express warranty or any affirmation of fact or promise made by the manufacturer in connection with the sale of a new motor vehicle to a consumer concerning the vehicles materials, workmanship, operation, or performance which becomes part of the basis of the bargain. The term shall not include any extended coverage purchased by the consumer as a separate item or any statements made by the dealer in connection with the sale of a motor vehicle to a consumer which relate to the nature of the material or workmanship and affirm or promise that such material or workmanship is free of defects or will meet a specified level of performance. 10-1-783. (a) The manufacturer shall publish an owners manual and provide it to the new motor vehicle dealer. The owners manual shall include a clear and conspicuous listing of addresses, e-mail addresses, facsimile numbers, and toll-free telephone numbers for the manufacturers customer service personnel who are authorized to direct activities regarding repair of the consumers vehicle. A manufacturer shall also provide all applicable manufacturers written warranties to the new motor vehicle dealer, who shall transfer the owners manual and all applicable manufacturers written warranties to the consumer at the time of purchase or vehicle acquisition. (b) At the time of purchase or vehicle acquisition, the new motor vehicle dealer shall provide the consumer with a written statement that explains the consumers rights under this article. The statement shall be written by the administrator and shall contain 3340 JOURNAL OF THE SENATE information regarding the procedures and remedies under this article. (c) By October 1 of each year, the manufacturer shall forward to the administrator one copy of the owners manual and the express warranty for each make and model of current year new motor vehicles it sells in this state. To the extent the instructions, terms, and conditions in the owners manuals and express warranties for other models of the same make are substantially the same, submission of the owners manual and express warranty for one model and a list of all other models for that make will satisfy the requirements of this subsection. (d) Each time the consumers new motor vehicle is returned from being diagnosed or repaired, the manufacturer, its authorized agent, or the new motor vehicle dealer shall provide to the consumer a fully itemized and legible statement or repair order containing a general description of the problem reported by the consumer; the date and the odometer reading when the vehicle was submitted for repair; the date and odometer reading when the vehicle was made available to the consumer; the results of any diagnostic test, inspection, or test drive; a description of any diagnosis or problem identified by the manufacturer, its authorized agent, or the new motor vehicle dealer; and an itemization of all work performed on the vehicle, including, but not limited to, parts and labor. (e) Upon request of the consumer, the manufacturer, its authorized agent, or the new motor vehicle dealer shall provide a copy of any report or computer reading compiled by the manufacturers representative regarding inspection, diagnosis, or test drive of the consumers new motor vehicle. 10-1-784. (a)(1) If a consumer reports a nonconformity during the lemon law rights period, the manufacturer, its authorized agent, or the new motor vehicle dealer shall be allowed a reasonable number of attempts to repair and correct the nonconformity. A reasonable number of attempts shall be deemed to have been undertaken by the manufacturer, its authorized agent, or the new motor vehicle dealer if, during the lemon law rights period: (A) A serious safety defect has been subject to repair one time and the serious safety defect has not been corrected; (B) The same nonconformity has been subject to repair three times, and the nonconformity has not been corrected; or (C) The vehicle is out of service by reason of repair of one or more nonconformities for a cumulative total of 30 days. If the vehicle is being repaired by the manufacturer through an authorized agent or a new motor vehicle dealer on the date that the lemon law rights period expires, the lemon law rights period shall be extended until that repair attempt has been completed. (2)(A) If the manufacturer through an authorized agent or a new motor vehicle dealer is unable to repair and correct a nonconformity after a reasonable number of attempts, the consumer shall notify the manufacturer by statutory overnight delivery TUESDAY, APRIL 1, 2008 3341 or certified mail, return receipt requested, of the need to repair and correct the nonconformity. The notice shall be sent to the address provided by the manufacturer in the owners manual. The manufacturer shall have 28 days from its receipt of the notice to make a final attempt to repair and correct the nonconformity. (B) By not later than the close of business on the seventh day following receipt of notice from the consumer, the manufacturer shall notify the consumer of the location of a repair facility that is reasonably accessible to the consumer. By not later than the close of business on the fourteenth day following the manufacturers receipt of notice, the consumer shall deliver the nonconforming new motor vehicle to the designated repair facility. (C) If the manufacturer fails to notify the consumer of the location of a reasonably accessible repair facility within seven days of its receipt of notice, or fails to complete the final attempt to repair and correct the nonconformity with the 28 day time period, the requirement that it be given a final attempt to repair and correct the nonconformity shall not apply. However, if the consumer delivers the nonconforming new motor vehicle to the designated repair facility more than 14 days from the date the manufacturer receives notice from the consumer, the 28 day time period shall be extended and the manufacturer shall have 14 days from the date the nonconforming new motor vehicle is delivered to the repair facility to complete the final attempt to repair and correct the nonconformity. (3) No manufacturer, its authorized agent, or new motor vehicle dealer may refuse to diagnose or repair any alleged nonconformity for the purpose of avoiding liability under this article. (b)(1) If the manufacturer, through an authorized agent or new motor vehicle dealer to whom the manufacturer directs the consumer to deliver the vehicle, is unable to correct a nonconformity after the final attempt, or if a vehicle has been out of service by reason of repair of one or more nonconformities for 30 days during the lemon law rights period, the manufacturer shall, at the option of the consumer, repurchase or replace the vehicle. The consumer shall notify the manufacturer, in writing by statutory overnight delivery or certified mail, return receipt requested, of which option the consumer elects. The manufacturer shall have 20 days from receipt of the notice to repurchase or replace the vehicle. (2)(A) If a consumer who is a lessee elects to receive a replacement motor vehicle, in addition to providing the replacement motor vehicle, the manufacturer shall pay to the lessor an amount equal to all charges that the lessor will incur as a result of the replacement transaction and shall pay the lessee an amount equal to all incidental costs that have been incurred by the lessee plus all charges that the lessee will incur as a result of the replacement transaction. If a lessee elects to receive a replacement motor vehicle, all terms of the existing lease agreement or contract shall remain in force and effect, except that the vehicle identification information contained in the lease agreement or contract shall be changed to conform to the vehicle identification information of the replacement vehicle. (B) If a consumer who is not a lessee elects to receive a replacement motor vehicle, 3342 JOURNAL OF THE SENATE in addition to providing the replacement motor vehicle, the manufacturer shall pay to the consumer an amount equal to all incidental costs incurred by the consumer plus all charges that the consumer will incur as a result of the replacement transaction. (3)(A) If a consumer who is a lessee elects a repurchase, the manufacturer shall pay to the lessee an amount equal to all payments made by the lessee under the lease agreement or contract, including, but not limited to, the lessee cost, plus all incidental costs, less a reasonable offset for use of the nonconforming new motor vehicle. The manufacturer shall pay to the lessor an amount equal to 110 percent of the adjusted capitalized cost of the nonconforming new motor vehicle. After the lessor has received payment from the manufacturer as specified in this subparagraph and payment from the consumer of all past due charges, if any, the consumer shall have no further obligation to the lessor. (B) If a consumer who is not a lessee elects a repurchase, the manufacturer shall pay to the consumer an amount equal to the purchase price of the nonconforming new motor vehicle plus all collateral charges and incidental costs, less a reasonable offset for use of the nonconforming new motor vehicle. Payment shall be made to the consumer and lienholder of record, if any, as their interests may appear on the records of ownership. 10-1-785. (a)(1) If a manufacturer does not replace or repurchase a nonconforming new motor vehicle after being requested to do so under subsection (b) of Code Section 10-1-784, the consumer may move to compel replacement or repurchase by applying for arbitration pursuant to Code Section 10-1-786. However, if a manufacturer has established an informal dispute settlement mechanism which the administrator has certified as complying with the provisions and rules of this article, the consumer shall be eligible to apply for arbitration only after submitting a dispute under this article to the informal dispute settlement mechanism. (2) A consumer must file a claim with the manufacturers certified informal dispute settlement mechanism no later than one year after expiration of the lemon law rights period. (3) After a decision has been rendered by the certified informal dispute settlement mechanism, the consumer is eligible to apply for arbitration pursuant to Code Section 10-1-786. (4) If a decision is not rendered by the certified informal dispute settlement mechanism within 40 days of filing, the requirement that the consumer submit his or her dispute to the certified informal dispute settlement mechanism shall not apply and the consumer is eligible to apply for arbitration under Code Section 10-1-786. (b) Certified informal dispute settlement mechanisms shall be required to take into account the principles contained in and any rules promulgated under this article and shall take into account all legal and equitable factors germane to a fair and just decision. A decision shall include any remedies appropriate under the circumstances, including TUESDAY, APRIL 1, 2008 3343 repair, replacement, refund, and reimbursement for collateral charges and incidental costs. For purposes of this Code section, the phrase 'take into account the principles contained in and any rules promulgated under this article' means to be aware of the provisions of this article, to understand how they might apply to the circumstances of the particular dispute, and to apply them if it is appropriate and fair to both parties to do so. (c) A certified informal dispute settlement mechanism shall keep such records as prescribed by the administrator in rules promulgated under this article and shall allow the administrator, without notice, to inspect and obtain copies of the records. Copies of any records requested by the administrator shall be provided promptly to the administrator at no cost. (d) A manufacturer may apply to the administrator for certification of its informal dispute settlement mechanism. The administrator may, in his or her discretion, impose requirements on an informal dispute settlement mechanism in order for it to be certified. Within a reasonable time following receipt of the application, the administrator shall certify the informal dispute settlement mechanism or notify the manufacturer of the reason or reasons for denial of the requested certification. (e) At any time the administrator has reason to believe that a certified informal dispute settlement mechanism is no longer in compliance with this article, he or she may notify the manufacturer of intent to revoke the informal dispute settlement mechanisms certification. The notice shall contain a statement of the reason or reasons for the revocation. (f) The manufacturer shall have ten days from its receipt of notice of denial of requested certification or notice of intent to revoke certification to submit a written request for a hearing to contest the denial or intended revocation. If a hearing is requested, it shall be held within 30 days of the administrators receipt of the hearing request. The hearing shall be conducted by the Office of State Administrative Hearings following the procedures set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (g) No representation shall be made to a consumer that his or her dispute must be submitted to an informal dispute settlement mechanism that is not certified by the administrator pursuant to this Code section. 10-1-786. (a) A consumer shall request arbitration by filing a written application for arbitration with the administrator. The application must be filed no later than one year from the date of expiration of the lemon law rights period or 60 days from the conclusion of the certified informal dispute settlement mechanisms proceeding, whichever occurs later. (b)(1) After receiving an application for arbitration, the administrator shall determine whether the dispute is eligible for arbitration. Manufacturers shall be required to submit to arbitration under this article if the consumers dispute is deemed eligible for arbitration by the administrator. Disputes deemed eligible for arbitration shall be assigned to an arbitrator or arbitrators appointed pursuant to Code Section 10-1-789. 3344 JOURNAL OF THE SENATE (2)(A) A consumer whose dispute is determined to be ineligible for arbitration by the administrator may appeal the determination of ineligibility to an arbitrator or arbitrators appointed pursuant to Code Section 10-1-789. (B) If the arbitrator or arbitrators determine that the consumers dispute is eligible for arbitration, the arbitrator or arbitrators shall retain jurisdiction and the consumers dispute shall proceed in accordance with this Code section. (C) If the arbitrator or arbitrators determine that the consumers dispute is not eligible for arbitration, a written decision shall be prepared and sent to the consumer and manufacturer by certified mail, return receipt requested. (D) The decision of ineligibility may be appealed by the consumer under the provisions set forth in subsection (a) of Code Section 10-1-787. On appeal, the court shall consider only the issue of eligibility for arbitration. (3) If the court finds that a consumers appeal from a determination of ineligibility is frivolous or has been filed in bad faith or for the purpose of harassment, the court may require the consumer to pay to the administrator all costs incurred as a direct result of the appeals from the administrators determination of ineligibility. (c) A lessee shall notify the lessor of the pending arbitration, in writing, within ten days of the lessees receipt of notice that a dispute has been deemed eligible for arbitration and shall provide to the arbitrator or arbitrators proof that notice was given to the lessor. Within ten days of its receipt of notice from the lessee, a lessor may petition the arbitrator or arbitrators to be a party to the arbitration proceeding. (d) The arbitrator or arbitrators shall make every effort to conduct the arbitration hearing within 40 days from the date the dispute is deemed eligible for arbitration. The hearing shall be held at a location that is reasonably convenient to the Georgia consumer. Failure to hear the case within 40 days shall not divest authority of the arbitrator or arbitrators to hear the dispute or void any decision ultimately rendered. (e) If the arbitrator or arbitrators determine: (1) That a reasonable number of attempts has been undertaken to repair and correct the nonconformity and that the manufacturer was given the opportunity to make a final attempt to repair and correct the nonconformity and was unable to correct it; or (2) That a new motor vehicle was out of service by reason of repair of one or more nonconformities for a cumulative total of 30 days within the lemon law rights period, the consumer shall be awarded replacement or repurchase of the new motor vehicle as provided under Code Section 10-1-784. The arbitrator or arbitrators also may award attorneys fees and technical or expert witness fees to a consumer who prevails. (f) The decision of the arbitrator or arbitrators shall be in writing, be signed, and contain findings of fact and conclusions of law. The original signed decision shall be filed with the administrator and copies shall be sent to all parties. The filing of the decision with the administrator constitutes entry of the decision. (g) A decision of the arbitrator or arbitrators that has become final under the provisions of subsection (a) of Code Section 10-1-787 may be filed with the clerk of the superior court, shall have all the force and effect of a judgment or decree of the court, and may be enforced in the same manner as any other judgment or decree. TUESDAY, APRIL 1, 2008 3345 (h) No arbitrator may be required to testify concerning any arbitration and the arbitrators notes or other records are not subject to discovery. This provision does not extend to testimony or documents sought in connection with legal claims brought against an arbitrator arising out of an arbitration proceeding. 10-1-787. (a) The decision of the arbitrator or arbitrators is final unless a party to the arbitration, within 30 days of entry of the decision, appeals the decision to the superior court. A party who appeals a decision shall follow the procedures set forth in Article 2 of Chapter 3 of Title 5, and any appeal shall be de novo; however, the decision of the arbitrator or arbitrators shall be admissible in evidence. (b) If the manufacturer appeals, the court may require the manufacturer to post security for the consumers financial loss due to the passage of time for review. (c) If the manufacturer appeals and the consumer prevails, recovery, in addition to the arbitrators award, shall include all charges incurred by the consumer during the pendency of, or as a result of, the appeal, including, but not limited to, continuing collateral and incidental costs, technical or expert witness fees, attorneys fees, and court costs. (d) A manufacturer which does not appeal a decision in favor of a consumer must fully comply with the decision within 40 days of entry thereof. If a manufacturer does not fully comply within the 40 day time period, the administrator may issue an order imposing a civil penalty of up to $1,000.00 per day for each day that the manufacturer remains out of compliance. The provisions of Code Sections 10-1-398 and 10-1-398.1 shall apply in connection with the imposition of a civil penalty under this subsection. It shall be an affirmative defense to the imposition of a civil penalty under this subsection that a delay or failure to comply was beyond the manufacturers control or that a delay was acceptable to the consumer. 10-1-788. The provisions of this article are not available to a consumer in a civil action unless the consumer has first exhausted all remedies provided for in this article. 10-1-789. (a) The administrator shall establish a new motor vehicle arbitration panel to resolve disputes between consumers and manufacturers arising under this article. The administrator, in his or her discretion, may operate the panel by contracting with public or private entities to conduct arbitrations under this article or by appointing individuals to serve as panel member arbitrators. An arbitrator shall be licensed to practice law in the State of Georgia and a member in good standing of the State Bar of Georgia or shall have at least two years experience in professional arbitration or dispute resolution. No arbitrator shall be affiliated with or involved in the manufacture, distribution, sale, lease, or servicing of motor vehicles. (b) Panel member arbitrators and entities that contract with the administrator to provide 3346 JOURNAL OF THE SENATE arbitration services shall be compensated for time and expenses at a rate to be determined by the administrator. (c) Each arbitration proceeding shall be conducted by either one or three arbitrators, each of whom is to be assigned by the administrator or contracted entity. (d) Neither the administrator, an entity with which the administrator has contracted, nor any arbitrator shall be civilly liable for any decision, action, statement, or omission made in connection with any proceeding under this article, except in circumstances where the decision, action, statement, or omission was made with malice or gross negligence. 10-1-790. (a) No manufacturer, its authorized agent, new motor vehicle dealer, or other transferor shall knowingly resell, either at wholesale or retail, lease, transfer a title, or otherwise transfer a reacquired vehicle, including a vehicle reacquired under a similar statute of any other state, unless the vehicle is being sold for scrap and the manufacturer has notified the administrator of the proposed sale or: (1) The fact of the reacquisition and nature of any alleged nonconformity are clearly and conspicuously disclosed in writing to the prospective transferee, lessee, or buyer; and (2) The manufacturer warrants to correct such nonconformity for a term of one year or 12,000 miles, whichever occurs first. A knowing violation of this subsection shall constitute an unfair or deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 15 of Chapter 1 of Title 10 and will subject the violator to an action by a consumer under Code Section 10-1-399. (b) The manufacturer shall have 30 days to notify the administrator that a vehicle has been reacquired in this state under the provisions of this article. The notice shall be legible and include, at a minimum, the vehicle year, make, model, and identification number; the date and mileage at the time the vehicle was reacquired; the nature of the alleged nonconformity; the reason for reacquisition; and the name and address of the original consumer. When the manufacturer resells, leases, transfers, or otherwise disposes of a reacquired vehicle, the manufacturer shall, within 30 days of the resale, lease, transfer, or disposition, notify the administrator of the vehicle year, make, model, and identification number; the date of the sale, lease, transfer, or disposition of the vehicle; and the name and address of the buyer, lessee, or transferee. (c) If a manufacturer resells, leases, transfers, or otherwise disposes of a motor vehicle in this state that it reacquired under a similar statute of any other state, the manufacturer shall, within 30 days of the resale, lease, transfer, or disposition, notify the administrator of the transaction. The contents of the notice shall comply with the requirements of subsection (b) of this Code section. (d) Manufacturers shall use forms approved by the administrator. The forms shall contain the information required under this Code section and any other information the administrator deems necessary for implementation of this Code section. TUESDAY, APRIL 1, 2008 3347 10-1-791. (a) A fee of $3.00 shall be collected by the new motor vehicle dealer from the consumer at completion of a sale or execution of a lease of each new motor vehicle. The fee shall be forwarded quarterly to the Office of Planning and Budget for deposit in the new motor vehicle arbitration account created in the state treasury. The payments are due and payable the first day of the month in each quarter for the previous quarters collection and shall be mailed by the new motor vehicle dealer not later than the twentieth day of such month. The first day of the month in each quarter is July 1, October 1, January 1, and April 1 for each year. Consumer fees in the account shall be used for the purposes of this article. Funds in excess of the appropriated amount remaining in the new motor vehicle arbitration account at the end of each fiscal year shall be transferred to the general treasury. The new motor vehicle dealer shall retain $1.00 of each fee collected to cover administrative costs. (b) The administrator appointed pursuant to subsection (g) of Code Section 10-1-395 shall have the power to enforce the provisions of this Code section. The administrators enforcement power shall include: (1) The authority to investigate alleged violations through use of all investigative powers available under Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act'; and (2) The authority to initiate proceedings, pursuant to Code Section 10-1-397, in the event of a violation of this Code section. Such proceedings include, without limitation, issuance of a cease and desist order, a civil penalty order imposing a civil penalty up to a maximum of $2,000.00 for each violation, and proceedings to seek additional relief in any superior court of competent jurisdiction. The provisions of Code Sections 10-1-398, 10-1-398.1, 10-1-402, and 10-1-405 shall apply to proceedings initiated by the administrator under this Code section. 10-1-792. (a) Except as provided in subsection (a) of Code Section 10-1-790, this article shall not create or give rise to any cause of action by manufacturers or consumers against new motor vehicle dealers. No new motor vehicle dealer shall be held liable by a manufacturer or a consumer for any collateral charges, incidental charges, costs, purchase price refunds, or vehicle replacements. Manufacturers and consumers shall not make new motor vehicle dealers party to an arbitration proceeding or any other proceeding under this article. A new motor vehicle dealer that is named as a party in any proceeding brought by a consumer or a manufacturer under this article, except as provided in subsection (a) of Code Section 10-1-790, shall be entitled to an award of reasonable attorneys fees and expenses of litigation incurred in connection with such proceeding. (b) The provisions of this article shall not impair any obligation under any manufacturer-dealer franchise agreement; provided, however, that any provision of any manufacturer-dealer franchise agreement which attempts to shift any duty, obligation, responsibility, or liability imposed upon a manufacturer by this article to a new motor 3348 JOURNAL OF THE SENATE vehicle dealer, either directly or indirectly, shall be void and unenforceable, except for any liability imposed upon a manufacturer by this article which is directly caused by the gross negligence of the dealer in attempting to repair the motor vehicle after such gross negligence has been determined by the hearing officer, as provided in Article 22 of this chapter, the 'Georgia Motor Vehicle Franchise Practices Act.' 10-1-793. (a) A violation of this article shall constitute an unfair and deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 15 of this chapter, the 'Fair Business Practice Act'; provided, however, that enforcement against such violations shall be by public enforcement by the administrator and, except as provided in subsection (a) of Code Section 10-1-790, shall not be enforceable through private action under Code Section 10-1-399. (b) Except as otherwise provided, this article is cumulative with other laws and is not exclusive. The rights and remedies provided for in this article shall be in addition to any other rights and remedies that are otherwise available to a consumer under any other law. 10-1-794. All administrative staff hired by the administrator to aid in the administration of this article shall be in the unclassified service and compensated at a salary determined by the administrator. 10-1-795. The administrator shall promulgate rules and regulations and establish procedures necessary to carry into effect, implement, and enforce the provisions of this article. The authority granted to the administrator pursuant to this Code section shall be exercised at all times in conformity with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 10-1-796. If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable. 10-1-797. Any agreement entered into by a consumer that waives, limits, or disclaims the rights set forth in this article shall be unenforceable as contrary to public policy." SECTION 2. Code Section 10-1-795 as enacted by this Act shall become effective on this Acts approval by the Governor or upon its becoming law without such approval; the remaining TUESDAY, APRIL 1, 2008 provisions of this Act shall become effective January 1, 2009. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. 3349 Senator Hill of the 32nd offered the following amendment #1: Amend the Senate committee substitute (LC 34 1846S) to HB 470 by deleting on page 3 line 29 "trucks with more than 12,000 pounds gross weight rating," On the adoption of the amendment, the President asked for unanimous consent. Senator Meyer von Bremen of the 12th objected. On the adoption of the amendment, the yeas were 24, nays 23, and the Hill of the 32nd amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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 C Balfour Y Brown Y Bulloch Y Butler Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody C Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Schaefer Y Seabaugh Y Seay Y Shafer,D C Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber 3350 JOURNAL OF THE SENATE Y Harbison Y Harp Y Hawkins Y Ramsey Y Reed Y Rogers Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. HB 470, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 1244. By Representatives Martin of the 47th and Drenner of the 86th: A BILL to be entitled an Act to amend Code Section 48-7-29.11 of the Official Code of Georgia Annotated, relating to income tax credits for teleworking, so as to extend the period of time for which such credits are granted; to change the amount of certain credits; to change certain reporting requirements; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute, as amended by the House, to the following Resolution of the House: HR 1246. By Representatives Richardson of the 19th, O`Neal of the 146th and Ehrhart of the 36th: A RESOLUTION proposing an amendment to the Constitution so as to provide for tax relief from ad valorem property taxes; to provide for a short title; to authorize additional tax relief including the elimination of ad valorem property taxes for educational purposes; to provide for optional homeowners incentive adjustments; to authorize the limited amending of conflicting local constitutional amendments; to provide for the automatic repeal of The Property Tax Reform Amendment unless specifically continued by general law; to provide for the revival and restoration of certain prior general and local constitutional provisions; to provide for the repeal of such provisions; to provide for procedures; to provide for effective dates; to provide for the submission of this amendment for ratification or rejection; and for other purposes. TUESDAY, APRIL 1, 2008 3351 Senator Chance of the 16th was excused for business outside the Senate Chamber. The Calendar was resumed. HB 1133. By Representatives Casas of the 103rd, Ehrhart of the 36th, Lindsey of the 54th, Lewis of the 15th, Stephens of the 164th and others: A BILL to be entitled an Act to amend Titles 20 and 48 of the Official Code of Georgia Annotated, relating, respectively, to education and revenue and taxation, so as to provide for a program of educational improvement; to provide for definitions; to provide for student scholarship organizations; to provide for procedures; to provide for an income tax credit with respect to qualified education 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 for related matters; to provide an effective date; to provide for applicability; 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 March 5, 2008 Honorable David Casas State Representative Coverdell Legislative Office Building, Room 601 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 1133 (LC 33 2361) 3352 JOURNAL OF THE SENATE Dear Representative Casas: This bill would provide tax credits to individuals or corporations for contributions made to student scholarship organizations. All applicable tax credits must be pre-approved by the Department of Revenue. The Georgia State University Fiscal Research Center (FRC) estimates that the annual revenue loss resulting from this bill would be $50 million. FRC provided the following analysis: This legislation would provide for an income tax credit for qualified educational expenses by a taxpayer to a student scholarship organization which are used for tuition and fees for qualified schools or programs. The bill would be effective for all tax years beginning on or after January 1, 2008. The legislation provides that an individual taxpayer shall be allowed a credit against income tax for qualified educational expenses. The amount of the credit is $1,000 in the case of a single individual or head of household and $2,500 in the case of a taxpayer filing a joint return. Note that the amount of the credit is not tied specifically in any way to the amount of the qualified educational expense. It would appear that an individual taxpayer could make a small qualified educational expense, for example $1, and receive a $1,000 credit. A corporation making a qualified educational expense is allowed a credit in an amount not to exceed the actual educational expense or 75% of the corporation's income tax liability, whichever is less. The aggregate amount of credit allowed under this legislation is limited to $50 million per tax year. To qualify for the credit, the taxpayer submits a request to the Department of Revenue and the Commissioner pre-approves credits on a first-come, first-served basis. Once a taxpayer is notified that the credit is approved, the taxpayer must make the contribution within 30 days. The annual revenue reduction due to this legislation would be $50 million. According to estimates provided by the Department of Education (DOE) and the Department of Revenue (DOR), first year costs associated with this bill could total approximately $145,000, with ongoing annual costs totaling an estimated $95,000. The DOE anticipates approximately $45,000 annually for website development and maintenance and addition of one-half of a full-time equivalent position. The DOR estimates a one-time cost of approximately $100,000 and ongoing costs of $50,000 annually. However, the DOR was unable to provide more specific details related to these TUESDAY, APRIL 1, 2008 3353 cost estimates within the time allotted for submission of this fiscal note. It should be noted that the Georgia Student Finance Commission does not anticipate additional costs as a result of this bill. Respectfully, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget Senator Tolleson of the 20th asked unanimous consent that he be excused from voting on HB 1133 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Tolleson 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: E Adelman Y Balfour N Brown Y Bulloch N Butler Y Carter E Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D C Smith Y Staton N Stoner N Tarver N Tate Y Thomas,D N Thomas,R Y Thompson,C N Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 32, nays 20. 3354 JOURNAL OF THE SENATE HB 1133, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: SB 300. By Senators Rogers of the 21st and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, so as to provide for the creation of and maintenance by the department of a website which provides public access to certain state expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Audits and Accounts and the Department of Revenue; 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 50 of the Official Code of Georgia Annotated, relating to state government, so as to require each department, commission, authority, and agency of the executive branch of government to provide certain financial reports annually to the General Assembly; to provide for audits and the examination of books and records; to provide for the contents of such reports; to provide for the time of submitting such reports; to provide for the creation and maintenance of a website which provides public access to certain state expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Audits and Accounts and the Department of Revenue; 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 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new Code section to read as follows: "50-6-3.1. (a) As used in this Code section, the term 'agency' means each department, commission, authority, and agency of the executive branch of government and the Board of Regents of the University System of Georgia. (b) On or before September 30, 2010, and on or before September 30 of each following year, each agency shall file with the presiding officers of each house of the General Assembly and with the chairpersons of the Senate Appropriations Committee, the TUESDAY, APRIL 1, 2008 3355 House Committee on Appropriations, the House Budget Office, the Senate Budget Office, and the Department of Audits and Accounts a report covering the immediately preceding fiscal year that contains the information required by this Code section. (c) The report required by this Code section shall contain: (1) A statement of the tax revenues and operating revenues received by the agency during the immediately preceding fiscal year; (2) A statement of the total expenditures made by the agency during the immediately preceding fiscal year; (3) A list of all written contracts entered into by the agency during the immediately preceding fiscal year which call for the agency to expend at any time in the aggregate more than $50,000.00; (4) A list of any employment or consultant contracts, whether or not in writing, under which the employee or consultant is to be compensated more than $20,000.00 in the aggregate, including direct and indirect or deferred benefits. When a person or firm whose salary or fee is reportable under this paragraph shall have his or her compensation increased, the amount of such increase and the total new rate shall be reported. The list of contracts shall state the anticipated amount of funds to be paid thereunder or the formula for determining such amount; (5) A list of the names of each person, firm, or corporation that has received from the agency during the immediately preceding fiscal year payments in excess of $20,000.00 in the aggregate, including the amount paid to such person, firm, or corporation during such period; and (6) A list of consultant expenses and other professional services expenses; salaries and expenses of full-time and part-time employees and board members; and payments rendered by outside companies or agencies to the agency for any and all services. Social security numbers shall not be used as employee identifiers in these reports. (d) The report required by this Code section shall be in addition to any other reports that an agency shall make to the General Assembly pursuant to other provisions of law." SECTION 2. Said title is further amended by revising Code Section 50-6-4, relating to special examinations, audits, and vulnerability assessments, as follows: "50-6-4. Either the The Governor, the Appropriations Committee of the House of Representatives, or the Appropriations Committee of the Senate shall have the right and authority to direct and require the state auditor to make a special examination into and audit of all the books, records, accounts, vouchers, warrants, bills, and other papers, records, financial transactions, and management of any department, institution, agency, commission, bureau, authority, or office of the state at any time. The state auditor may conduct special examinations and audits which are, without limitation, financial audits (including financial related audits and financial statement audits), compliance audits, performance audits, and vulnerability assessments or reviews. Without limitation, 3356 JOURNAL OF THE SENATE vulnerability assessments or reviews may be made with respect to any electronic financial information systems; other information, management, or operational systems; computers; computer operating and applications software; computing networks; Internet websites; and data processing centers. Tests conducted in connection with such reviews and assessments may include, but are not limited to, penetration testing and network, web, and data base scanning." SECTION 3. Said title is further amended by revising Code Section 50-6-7, relating to state officials to produce books, records, and other papers to the state auditor for examination, as follows: "50-6-7. All officers, agents, employees, departments, institutions, commissions, authorities, and bureaus of the state shall produce and turn over to the state auditor or his or her assistants for examination and audit, whenever demanded by the state auditor, all of their books, records, accounts, vouchers, warrants, bills, and other papers dealing with or reflecting upon the financial transactions and management of such department, institution, agency, commission, authority, bureau, or officer office, including any and all cash on hand, but not including cash in banks, the amount of cash in banks to be ascertained by certificate furnished to the state auditor by the bank." SECTION 4. Said title is further amended by revising Code Section 50-6-24, relating to duties and powers of the state auditor, as follows: "50-6-24. The duties and powers of the state auditor shall be as follows: (1) Reserved; (2) To examine thoroughly all financial transactions of all the state departments, institutions, agencies, commissions, bureaus, authorities, and officers and to keep such accounting records as are necessary to provide and maintain a current check upon the fiscal affairs and transactions of all state departments, institutions, agencies, etc.; (3) To examine and audit thoroughly, at least once a year and more frequently if possible, each and all of the books, records, accounts, vouchers, warrants, bills, and all other papers and records of each and every department, institution, agency, commission, bureau, authority, and officer of the state which or who receives funds from the state or which is maintained in whole or in part by public funds, fees, or commissions. Upon the completion of each audit the state auditor shall prepare a complete report of the same in triplicate, one copy of which he shall file be filed with the official in charge of the department, institution, etc., so examined, one copy of which he shall transmit be transmitted to the Governor, and the third copy of which shall be filed in the office of the state auditor as a permanent record and for the use of the press of the state. In any such report, the state auditor shall call special attention to any illegal, improper, or unnecessary expenditures; all failures to keep records and TUESDAY, APRIL 1, 2008 3357 vouchers required by the law; and all inaccuracies, irregularities, and shortages and shall make specific recommendations for the future avoidance of the same; (4) To prepare annual and, whenever required, special reports to the Governor and the General Assembly showing the general financial operation and management of each state department, institution, agency, commission, authority, and bureau; showing whether or not the same is being handled in an efficient and economical manner; and calling special attention to any excessive cost of operation or maintenance, any excessive expense, and any excessive price paid for goods, supplies, or labor by any such department, institution, agency, etc.; and (5) To make special examination into and report of the place and manner in which the funds of the state are kept by the several departments, institutions, agencies, commissions, bureaus, authorities, and officers after the same have been drawn from the state treasury or after the same have been collected and to report who has possession of the same or where the same are deposited, whether the same draw interest, the rate of interest, and whether the same are properly protected by bond, provided that this chapter shall not be construed so as to authorize the state auditor to remove or in any way interfere with any funds so deposited." SECTION 5. Said title is further amended by revising Code Section 50-6-25, relating to maintenance of statistics on architectural and engineering firms doing business with the state and ineligibility of firms, as follows: "50-6-25. (a)(1) The state auditor shall maintain statistics on all architectural and engineering firms doing business with the various departments, agencies, authorities, and public corporations of the state, except the Department of Transportation which shall be governed by paragraph (2) of this subsection. The statistics shall show the percentage of the total state business done by each such firm and shall be made available to the General Assembly and all departments, agencies, authorities, and public corporations of the state using architectural and engineering services. The state auditor shall compile the statistics and shall maintain the statistics current on a monthly basis. (2) The state auditor shall include in the statistics provided for in paragraph (1) of this subsection all architectural and engineering firms doing business with the Department of Transportation. The Department of Transportation shall report its architectural and engineering contracts to the state auditor in two divisions. In the first division, such department shall report those contracts which are under a gross value of $1 million at the time of execution by the total contract amount without accounting for any subcontracts. In the second division, such department shall report those contracts with a gross value in excess of $1 million at the time of execution and shall report all subcontracts thereunder which are in excess of $25,000.00 as further provided for in this Code section. The statistics shall show the total percentage of state business done by each such firm and shall be made available to the General Assembly and the Department of Transportation. The state auditor shall compile the statistics and shall 3358 JOURNAL OF THE SENATE maintain the statistics current on a monthly basis. With respect to any contract of the Department of Transportation in excess of $1 million with an architectural or engineering firm which awards a portion of the business in an amount in excess of $25,000.00 under such contract to one or more subcontractors or joint-venture partners, such department shall report to the state auditor the amount of each subcontractor or joint-venture partner with that portion of the business awarded to such subcontractor or joint-venture partner, and such amounts shall not be listed or included as business of the Department of Transportation awarded to the architectural or engineering firm receiving the state contract. The architectural or engineering firm shall report to the Department of Transportation, as part of its preaward audit conducted by such department, the amount of business in excess of $25,000.00 under an anticipated contract which the contractor intends to award to any subcontractor or joint-venture partner, and, after verification that the information reported is correct, the Department of Transportation shall furnish such information to the state auditor. The state auditor shall revise the statistics with respect to architectural and engineering firms currently doing business with the Department of Transportation with respect to contracts outstanding on April 19, 1995, under which all services have not been performed by such architectural and engineering firms in satisfaction of the contract. Such revised statistics shall be computed in accordance with the provisions of this subsection crediting subcontractors and joint-venture partners with business awarded to them and providing that such amounts credited shall not be listed or included as business of the state awarded to the architectural or engineering firm receiving the state contract. Such revised statistics shall be provided by the contractor within 60 days of April 19, 1995, and, after such time, the state auditor shall not be required to revise such statistics. (b) Any architectural or engineering firm which has received more than 10 percent of the total awarded for such services by the departments, agencies, authorities, and public corporations of the state during any period of 36 months, as calculated pursuant to the provisions of subsection (a) of this Code section and shown by the statistics of the state auditor, shall be ineligible to contract with any department, agency, authority, or public corporation of the state until the firm, during any period of 36 months, has been awarded less than 10 percent of the total awarded for such services; provided, however, that any architectural or engineering firm may contract with the Department of Transportation for not more than 30 percent of the total awarded for such services, 10 percent for transportation purposes, and 20 percent for tollway purposes." SECTION 6. Said title is further amended by revising Code Section 50-6-27, relating to annual personnel report, copies for the General Assembly, and public inspection, as follows: "50-6-27. The state auditor shall prepare each year a report showing the entire personnel of every office, institution, board, department, and commission in the executive department of the state government, of every state authority, of every university or college in the TUESDAY, APRIL 1, 2008 3359 University System of Georgia, and of every local board of education. The report shall list the name, title or functional area, salary, and travel expense incurred by each such individual, which information shall be allocated to the respective office, institution, board, department, commission, authority, university, college, or local board of education affected. The report shall be kept in the state auditors office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request and posted online in a searchable data base. Each office, institution, board, department, commission, authority, university, college, and local board of education is required and directed to submit to the state auditor, in a format prescribed by the state auditor, a listing of all personnel of such office, institution, board, department, commission, authority, university, college, or local board of education showing name, title or functional area, salary, and travel expense for each individual. The state auditor shall furnish each member of the General Assembly a card or form so that a copy of such report may be requested by any member who desires one." SECTION 7. Said title is further amended by revising Code Section 50-6-30, relating to conducting hearings and assistance of the Attorney General, as follows: "50-6-30. A hearing as provided in Code Section 50-6-29 shall be held in the county where the department or institution being investigated is located and shall be presided over by the state auditor. The state auditor shall, at any time when he or she deems necessary, request of the Governor, Lieutenant Governor, or Speaker of the House of Representatives legal assistance in conducting the investigation. Upon such request, the Governor shall designate the Attorney General, his or her assistants, or any special assistant attorney general for the purpose of assisting the state auditor in the prosecution of the investigation." SECTION 8. Said title is further amended by adding a new Code section to read as follows: "50-6-32. (a) This Code section shall be known and may be cited as the 'Transparency in Government Act.' (b) As used in this Code section, the term 'searchable website' means a website that allows the public to review and analyze information identified in subsection (c) of this Code section. (c) No later than January 1, 2009, the department shall develop and operate a single searchable website accessible by the public, at no cost, that provides the following information pertaining to state fiscal year 2008: (1) The State of Georgia Comprehensive Annual Financial Report that includes an indexed statement of operations and a statement of financial condition of the state in accordance with governmental generally acceptable accounting principles; 3360 JOURNAL OF THE SENATE (2) The annual Budgetary Compliance Report for the state that provides, by agency, an indexed report comparing budgeted and actual revenues and expenditures by budgetary units for each organization included in the Appropriations Act, as amended; (3) The annual State of Georgia Single Audit Report that provides, by federal grant, an indexed listing of all expenditures of federal funds and also discloses by state organization any audit findings and corrective actions to be taken; (4) An annual report of annual salaries and travel expense reimbursements paid to each state employee during the preceding fiscal year by state organization; (5) An annual listing of all payments for professional services by vendor and paying organization; (6) State Budget in Brief, indexed by reporting agency; and (7) All performance audits conducted by the department for the preceding five years. As soon as is practical after the close of each fiscal year, the department shall update the single searchable website for such fiscal year to include the information set forth in this subsection. (d) No later than January 1, 2010, the department shall develop and add to the searchable website a report of all grant and contract payments made or due to all vendors by agencies reporting through the states general financial accounting and information system and all payments made through economic and incentive programs operated by the Department of Economic Development, the Department of Labor, the Department of Community Affairs, the Department of Agriculture, and the Georgia Lottery Corporation pertaining to state fiscal year 2009. As soon as is practical after the close of each fiscal year, the department shall update the single searchable website for such fiscal year to include the information set forth in subsection (c) of this Code section. (e) All agencies of state government shall provide to the Department of Audits and Accounts such information as is necessary to accomplish the purposes of this Code section. (f) Nothing in this Code section shall require the disclosure of information which is considered confidential by state or federal law." SECTION 9. All laws and parts of laws in conflict with this Act are repealed. Senator Rogers of the 21st asked unanimous consent that the Senate disagree to the House substitute to SB 300. The consent was granted, and the Senate disagreed to the House substitute to SB 300. The following bill was taken up to consider House action thereto: TUESDAY, APRIL 1, 2008 3361 HB 1055. By Representatives Williams of the 4th, Dickson of the 6th, Tumlin of the 38th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and licenses, so as to make revisions to certain provisions relating to professions and licenses; to provide that a designee of the division director of the professional licensing boards may sign and attest orders and processes; to amend certain requirements relating to applications for certification as a registered interior designer; to revise provision relating to inspector at auctions; to provide for service of documents and applications relating to geologists upon the division director at his or her office; to repeal certain provisions relating to license by reciprocity for massage therapists; to revise provisions relating to license by endorsement for massage therapists; to provide for certain education and training requirements satisfactory for the issuance of physical therapist licenses; to provide for licensure by endorsement for physical therapists; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Chance of the 16th asked unanimous consent that the Senate adhere to its substitute to HB 1055 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 Rogers of the 21st. The following Senators were excused for business outside the Senate Chamber: Douglas of the 17th Johnson of the 1st The Calendar was resumed. HB 611. By Representatives Maxwell of the 17th, Smith of the 113th, Coan of the 101st, Talton of the 145th and England of the 108th: A BILL to be entitled an Act to amend Code Section 43-14-6 of the Official Code of Georgia Annotated, relating to the powers and duties of the divisions of the State Construction Industry Licensing Board, so as to provide for changes to the restrictions of Class I licenses for electrical contracting; to provide for related matters; 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. 3362 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: E Adelman Y Balfour Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport E Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams On the passage of the bill, the yeas were 47, nays 0. HB 611, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: HB 1111. By Representatives Floyd of the 147th, Rice of the 51st, Talton of the 145th, Powell of the 29th and Forster of the 3rd: 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 persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements; to provide for drivers license fees; to provide for limited driving permits; to provide for the issuance of identification cards; to provide for issuance of a commercial drivers license; to provide for the contents of applications for commercial drivers licenses; to provide for the contents of commercial drivers licenses; to provide for commercial driving disqualifications; to provide for penalties for commercial driving violations; to provide for issuance of identification cards for persons with disabilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. TUESDAY, APRIL 1, 2008 3363 Senator Mullis of the 53rd asked unanimous consent that the Senate adhere to its substitute to HB 1111 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Murphy of the 27th, Hamrick of the 30th and Mullis of the 53rd. The following Senators were excused for business outside the Senate Chamber: Fort of the 39th Reed of the 35th Williams of the 19th The Calendar was resumed. HB 1151. By Representatives Knight of the 126th, Tumlin of the 38th and Mosby of the 90th: A BILL to be entitled an Act to amend Titles 16 and 48 of the Official Code of Georgia Annotated, relating, respectively, to crimes and offenses and revenue and taxation, so as to change provisions regarding raffle operations by nonprofit, tax-exempt organizations; to change certain provisions regarding bingo definitions and licensing procedures; to change certain provisions regarding organizations exempt from state income tax; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Seabaugh of the 28th. The Senate Finance Committee offered the following substitute to HB 1151: A BILL TO BE ENTITLED AN ACT To amend Titles 16 and 48 of the Official Code of Georgia Annotated, relating, respectively, to crimes and offenses and revenue and taxation, so as to change provisions regarding raffle operations by nonprofit, tax-exempt organizations; to change certain provisions regarding bingo definitions and licensing procedures; to revise and modernize certain provisions regarding state income tax; to revise provisions relative to adjustment of taxable income with respect to income from federal obligations and certain other obligations; to change certain provisions regarding organizations exempt from state income tax; to change certain requirements regarding consent agreements; to change certain substantiation requirements regarding the tax credit for private driver education courses; to provide for certain electronic filing requirements; to define the terms "distribution credited" and "distribution paid" with respect to current income tax payments; to authorize certain elections regarding lump sum distributions with respect to withholding requirements for income tax; to revise and change certain provisions 3364 JOURNAL OF THE SENATE regarding withholding tax on distributions to nonresident members of partnerships, Subchapter "S" corporations, and limited liability companies; 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. Titles 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subparagraph (d)(2)(E) of Code Section 16-12-22.1, relating to raffle licenses, as follows: "(E) A determination letter from the Georgia Department of Revenue certifying statement affirming that the applicant is exempt under the income tax laws of this state under Code Section 48-7-25;" SECTION 2. Said title is further amended by revising paragraph (3.1) of Code Section 16-12-51, relating to definitions pertaining to bingo, as follows: "(3.1) 'Nonprofit, tax-exempt organization' means an organization, association, corporation, or other legal entity which has been determined by the federal Internal Revenue Service to be exempt from taxation under federal tax law and has been determined by the Georgia Department of Revenue to be which is exempt from taxation under the income tax laws of this state under Code Section 48-7-25; which is organized or incorporated in this state or authorized to do business in this state; and which uses the proceeds from any bingo games conducted by such organization solely within this state." SECTION 3. Said title is further amended by revising paragraph (5) of subsection (b) of Code Section 16-12-53, relating to bingo licensing procedures, as follows: "(5) A determination letter from the Georgia Department of Revenue certifying statement affirming that the applicant is exempt under the income tax laws of this state under Code Section 48-7-25;" SECTION 4. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-7-21, relating to taxation of corporations, by revising subparagraph (b)(1)(B) as follows: "(B) There shall be subtracted from taxable income interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent such interest or dividends are includable in gross income for federal income tax purposes but exempt from state income taxes under the laws of the United States. There shall also be subtracted from taxable income any income derived from the authorized TUESDAY, APRIL 1, 2008 3365 activities of a domestic international banking facility operating pursuant to the provisions of Article 5A of Chapter 1 of Title 7, the 'Domestic International Banking Facility Act,' and any income arising from the conduct of a banking business with persons or entities located outside the United States, its territories, or possessions. Any amount subtracted pursuant to this subparagraph shall be reduced by any interest expenses directly or indirectly attributable to the production of the interest or dividend income. The direct and indirect interest expense shall be determined by multiplying the total interest expense by a fraction, the numerator of which is the taxpayers average adjusted bases of such United States obligations, and the denominator of which is the average adjusted bases for all assets of the taxpayer." SECTION 5. Said title is further amended by revising subsections (a) and (b) of Code Section 48-7-25, relating to organizations exempt from Georgia income tax, as follows: "(a) The following organizations shall be exempt from taxation imposed by Code Section 48-7-21 unless the exemption is denied under subsection (b) or (c) of this Code section as indicated: (1) Those Subject to subsections (b) and (c) of this Code section, those organizations described by which are exempt from federal income taxation pursuant to Section 501(c), 501(d), 501(e), 664, or 401 of the Internal Revenue Code of 1986 shall be deemed to have similar exempt status for purposes of Code Section 48-7-21. Organizations described in this paragraph shall be exempt from taxation for state purposes in the same manner and to the same extent as for federal purposes; and (2) Insurance companies which pay to the state a tax upon premium income. (b)(1) An organization requesting exemption under paragraph (1) of subsection (a) of this Code section shall file a written application with the commissioner. The commissioner shall issue a determination letter or ruling to an organization requesting the exemption and shall either grant or disallow the requested exempt status. Until a determination letter granting exempt status is issued by the commissioner, no exempt status shall exist. Those organizations which have an exempt status in effect under Section 501(c), 501(d), 501(e), 664, or 401 of the Internal Revenue Code of 1986 on January 1, 1987, shall retain the exempt status unless revoked as provided by law. The commissioner may issue rules governing the filing of written applications and the issuance of determination letters. An organizations exempt status under paragraph (1) of subsection (a) of this Code section shall be subject to review and revocation by the commissioner in accordance with the provisions of paragraph (2) of this subsection. (2)(A) The commissioner may revoke the exempt status of any organization described in paragraph (1) of subsection (a) of this Code section when: (i) The Internal Revenue Service revokes the exempt status of the organization; (ii) The organization ceases to be organized or operated in the manner in which it was organized or operated at the time the exempt status was granted; 3366 JOURNAL OF THE SENATE (iii) The organization engages in any prohibited transaction as set forth in the Internal Revenue Code of 1986; or (iv) There is any material change in the character or purpose of the organization or in the mode of operation of the organization. (B) Revocation of an exempt status shall revoke the exempt status retroactively to the time of the occurrence of the disqualifying event or events. All exempt organizations shall immediately notify the commissioner in writing of the occurrence of any of the disqualifying events described in subparagraph (A) of this paragraph or of receipt by the organization of a notice of intent to terminate its exempt status by the Internal Revenue Service. The statute of limitations governing the assessment of any taxes determined to be due this state due to the revocation of exempt status shall be tolled as of the date of the occurrence of the disqualifying event or events described in subparagraph (A) of this paragraph. The commissioner at any time may require an organization which is exempt from taxation to file an information return stating the organizations gross income, receipts, disbursements, accumulation of income, and other data deemed necessary for the proper administration of this Code section." SECTION 6. Said title is further amended in Code Section 48-7-27, relating to computation of individual taxable net income, by revising paragraph (2) of subsection (b) as follows: "(2) There shall be subtracted from taxable income interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent includable in gross income for federal income tax purposes but exempt from state income taxes under the laws of the United States. Any amount subtracted under this paragraph shall be reduced by any interest expenses directly or indirectly attributable to the production of the interest or dividend income. For all taxpayers except individuals, the direct and indirect interest expense shall be determined by multiplying the total interest expense by a fraction, the numerator of which is the taxpayers average adjusted bases of such United States obligations, and the denominator of which is the average adjusted bases for all assets of the taxpayer." SECTION 7. Said title is further amended in Code Section 48-7-27, relating to computation of taxable net income, by revising paragraph (2) of subsection (d) as follows: "(2) Nonresident shareholders of a Georgia Subchapter 'S' corporation must shall execute a consent agreement to pay Georgia income tax on their portion of the corporate income in order for the such Subchapter 'S' corporation to be recognized for Georgia purposes. This A consent agreement must for each shareholder shall be filed by the corporation with its corporate tax return in the year in which the Subchapter 'S' corporation is first required to file a Georgia income tax return. For a Subchapter 'S' corporation in existence prior to January 1, 2008, the consent agreement shall be filed TUESDAY, APRIL 1, 2008 3367 for each shareholder in the first Georgia tax return filed for a year beginning on or after January 1, 2008. A consent agreement shall also be filed in any subsequent year for any additional nonresident who first becomes a shareholder of the Subchapter 'S' corporation in that year. Shareholders of a federal Subchapter 'S' corporation which is not recognized for Georgia purposes may make an adjustment to federal adjusted gross income in order to avoid double taxation on this type of income. Adjustments will shall not be allowed unless tax was actually paid by the such corporation." SECTION 8. Said title is further amended in Code Section 48-7-29.5, relating to the tax credit for private driver education courses, by revising subsection (d) as follows: "(d) No credit shall be allowed under this Code section unless the taxpayer submits with the claim for such credit has obtained written proof of the successful completion of the course of driver education by the dependent minor child and the amount expended by the taxpayer for such course." SECTION 9. Said title is further amended by revising Code Section 48-7-54, which is reserved, as follows: "48-7-54. Reserved The commissioner may require any nonindividual taxpayer to electronically file any return, report, or other document required to be filed by this chapter when the federal counterpart of such return, report, or other document is required to be filed electronically pursuant to the Internal Revenue Code of 1986 or Internal Revenue Service regulations. The commissioner shall be authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to effectuate this Code section." SECTION 10. Said title is further amended in Code Section 48-7-100, relating to definitions regarding current income tax payment, by revising paragraph (2.1) and adding a new paragraph to read as follows: "(2.1) 'Distribution credited' means a recognition or assignment of interest in proceeds or property of a partnership, Subchapter 'S' corporation, or limited liability company, including a net distributive share of income which is passed through to members and which may be subject to Georgia income tax. (2.2) 'Distribution paid or credited' shall mean means any disbursement of funds or recognition or assignment of interest in proceeds or property of a partnership, Subchapter 'S' corporation, or limited liability company which is passed through to the members and which may be subject to Georgia income tax that is made to a member with respect to that members interest in the entity and which may be subject to Georgia income tax." 3368 JOURNAL OF THE SENATE SECTION 11. Said title is further amended in Code Section 48-7-101, relating to withholding requirements for income tax, by adding a new subsection to read as follows: "(j)(1) The payee of any nonperiodic payment may elect to have withholding made on distributions from a pension, annuity, or similar fund. Such an election shall remain in effect until revoked by the payee. (2) Upon such election by a payee as provided in paragraph (1) of this subsection, the payor of any nonperiodic payment shall withhold from such payment the amount specified by the payee, but in no event shall the amount withheld be less than the amount which would be required to be withheld if such payment were a payment of wages by an employer to an employee for the appropriate payroll period. (3) The commissioner shall be authorized to prescribe forms and to promulgate rules and regulations setting forth the requirements for withholding from such nonperiodic payments and the requirements for making elections to withhold." SECTION 12. Said title is further amended by revising Code Section 48-7-129, relating to withholding tax on distributions to nonresident members of partnerships, Subchapter "S" corporations, and limited liability companies, as follows: "48-7-129. (a)(1) Any partnership, Subchapter 'S' corporation, or limited liability company which owns property or does business within this state shall be subject to a withholding tax. Such tax shall be withheld from any distributions paid or any distributions credited but not paid to members who are not residents of Georgia, except as provided in subsection (c) of Code Section 48-7-24. (2) The amount of tax to be withheld for each nonresident member shall be determined by multiplying the distribution paid or the distribution credited but not paid by a rate of 4 percent. To the extent that the partnership, Subchapter 'S' corporation, or limited liability company remits withholding tax during the course of the tax year which exceeds the Georgia income tax liability of a nonresident member, that member shall be entitled to a refund of the excess withholding at the end of the taxable year. (3) Any partnership, Subchapter 'S' corporation, or limited liability company which fails to withhold and pay over to the commissioner any amount required to be withheld under this Code section may be liable for a penalty equal to 25 percent of the amount not withheld and paid over. Any penalty imposed under this subsection shall be paid upon notice and demand by the commissioner or the commissioners delegate and shall be assessed and collected in the same manner as the withholding taxes imposed by this article. (4) The partnership, Subchapter 'S' corporation, or limited liability company and its members shall be jointly and severally liable for the withholding tax liability imposed under this subsection and shall be assessed accordingly. (b)(1) As an alternative to the withholding requirement imposed by subsection (a) of TUESDAY, APRIL 1, 2008 3369 this Code section, the commissioner may allow the filing of composite returns by partnerships, Subchapter 'S' corporations, or limited liability companies on behalf of their nonresident members and may provide for the requirements of filing composite returns by regulation. For purposes of this subsection, the term 'composite return' shall mean means a return filed by a partnership, Subchapter 'S' corporation, or limited liability company on behalf of all of its nonresident members which reports and remits the Georgia income tax of the nonresident members. (2) Where a partnership, Subchapter 'S' corporation, or limited liability company chooses to file a composite return and meets all the requirements of filing the such composite return, such partnership, Subchapter 'S' corporation, or limited liability company shall be exempt from the withholding requirements imposed under subsection (a) of this Code section. (3) The liability imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioners delegate and shall be assessed and collected in the same manner as all other withholding taxes imposed by this article. (c)(1) If a partnership, Subchapter 'S' corporation, or limited liability company fails to remit withholding for a nonresident member and the commissioner determines that such failure is due to a false representation that the member is a resident of Georgia, there shall be imposed in addition to the tax a penalty of the greater of $250.00 or 5 percent of the amount which should have been withheld. The partnership, Subchapter 'S' corporation, or limited liability company and the nonresident member shall be jointly and severally liable for any such penalty imposed. (2) The penalty imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioners delegate and shall be assessed and collected in the same manner as withholding tax imposed by this article. (d)(1) Every partnership, Subchapter 'S' corporation, or limited liability company which is required to deduct and withhold the withholding tax imposed by subsection (a) of this Code section shall remit such tax and file the required return on a form approved by the commissioner and remit payment to the department as follows: (A) Taxes deducted and withheld on distributions paid by a partnership, Subchapter 'S' corporation, or limited liability company to members who are nonresidents shall be due on or before the last day of the calendar month following the calendar month within which the distribution was paid or credited; and (B) Taxes deducted and withheld on distributions credited but not paid by a partnership, Subchapter 'S' corporation, or limited liability company to members who are nonresidents shall be due on or before the due date for filing the income tax return for the partnership, Subchapter 'S' corporation, or limited liability company as prescribed in subsection (a) of Code Section 48-7-56 without regard to any extension of time for filing such income tax return. (2) Every partnership, Subchapter 'S' corporation, or limited liability company required to deduct and withhold tax under this article shall furnish, within 30 days of the close of its taxable year, to each nonresident member for which tax is withheld a written statement in duplicate, showing the name of the partnership, Subchapter 'S' 3370 JOURNAL OF THE SENATE corporation, or limited liability company, the name of the member of the partnership, Subchapter 'S' corporation, or limited liability company, the members federal tax identification number, the total amount of distributions paid to the member during the taxable year, and the total amount of tax deducted and withheld with respect to the member during the taxable year. The written statement shall be in a form approved by the commissioner and shall contain such additional information as the commissioner may prescribe. The partnership, Subchapter 'S' corporation, or limited liability company shall file copies of all such written statements with the commissioner a written statement or form approved by the commissioner to each nonresident member. Such statement or form shall include the name and federal tax identification number of the partnership, Subchapter 'S' corporation, or limited liability company, the members name and federal tax identification number, the total amount of distributions paid to the member during the taxable year, the total amount of tax deducted and withheld with respect to such member during the year, and such other information as the commissioner shall prescribe. Such statement or form shall be furnished to the nonresident member and filed in duplicate with the commissioner on or before the earlier of the date the income tax return is filed or the due date for filing the income tax return of such partnership, Subchapter 'S' corporation, or limited liability company as prescribed in subsection (a) of Code Section 48-7-56 without regard to any extension of time for filing such income tax return. (3) Any partnership, Subchapter 'S' corporation, or limited liability company required to furnish a nonresident member with the written statement required by this subsection which furnishes a false or fraudulent statement or which fails to furnish the statement shall be subject to the penalty contained in subsection (d) of Code Section 48-7-126. The penalty imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioners delegate and shall be assessed and collected in the same manner as the withholding tax imposed by this article. (e)(1) Notwithstanding subsection (a) of this Code section, a partnership, Subchapter 'S' corporation, or limited liability company shall not be required to deduct and withhold tax for a nonresident member if: (A) A composite return is filed on behalf of nonresident members pursuant to the requirements of filing such composite returns as set by the commissioner; (B) The aggregate annual distributions made to a member are less than $1,000.00; (C) A federally chartered Subchapter 'S' corporation fails to meet the requirements of subparagraph (b)(7)(B) of Code Section 48-7-21 and is therefore required to remit corporate income tax; (D) Compliance will cause undue hardship on the partnership, Subchapter 'S' corporation, or limited liability company, provided that no partnership, Subchapter 'S' corporation, or limited liability company shall be exempt from complying with the withholding requirements imposed under subsection (a) of this Code section unless the commissioner approves in writing a written petition for exemption from the withholding requirements based on undue hardship. The commissioner may prescribe the form and contents of such a petition and specify standards for when a TUESDAY, APRIL 1, 2008 3371 partnership, Subchapter 'S' corporation, or limited liability company will shall not be required to comply with the withholding requirements due to undue hardship; (E) The partnership is a publicly traded partnership as defined in Section 7704 of the Internal Revenue Code of 1986; or (F) The member meets one of the exceptions as set forth in the rules and regulations promulgated by the commissioner. (2) Where distributions paid or distributions credited but not paid, or both, to nonresident members of partnerships, Subchapter 'S' corporations, or limited liability companies are subject to withholding under other provisions of Georgia law or represent a return of such members investment or a return of capital, such distributions shall not be subject to withholding under subsection (a) of this Code section. (f) The commissioner is shall be authorized to prescribe forms and to promulgate rules and regulations which the commissioner deems necessary in order to effectuate this Code section." SECTION 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2008. SECTION 14. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport E Douglas Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Stoner Y Tarver Tate Y Thomas,D N Thomas,R 3372 JOURNAL OF THE SENATE E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles E Williams On the passage of the bill, the yeas were 45, nays 1. HB 1151, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Johnson of the 1st Rogers of the 21st HB 964. By Representatives Day of the 163rd, Keen of the 179th, Gardner of the 57th and Carter of the 159th: A BILL to be entitled an Act to amend Code Section 52-7-18 of the Official Code of Georgia Annotated, relating to the rules of the road for boat traffic, so as to revise provisions relating to the operation of certain vessels in Georgia ports and harbors; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Thomas of the 2nd. The report of the committee, which was favorable to the 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 Carter Y Chance Chapman Y Cowsert Y Davenport Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Hudgens Y Jackson E Johnson Y Jones Y Me V Bremen Y Schaefer Y Seabaugh Y Seay Y Shafer,D Smith Y Staton Y Stoner Y Tarver Tate Y Thomas,D TUESDAY, APRIL 1, 2008 E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey E Reed E Rogers Y Thomas,R Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 44, nays 0. HB 964, having received the requisite constitutional majority, was passed. 3373 The following communication was received by the Secretary: Senator Jeff Chapman District 3 110-D State Capitol Atlanta, GA 30334 Committees: Public Safety Insurance and Labor Natural Resources and the Environment Transportation The State Senate Atlanta, Georgia 30334 MEMORANDUM TO: Mr. Bob Ewing Secretary of Senate FROM: Senator Jeff Chapman District 3 SUBJECT: REGISTER VOTE DATE: 1 April 2008 Although I pressed the correct button, my vote did not register for H.B. 964. Please have the record officially reflect a "YES" vote on H.B. 964. Thank you in advance for your attention to this matter. /s/ Jeff Chapman 3374 JOURNAL OF THE SENATE The Calendar was resumed. HB 1078. 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 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 N Brown Y Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport E Douglas Y Fort Y Goggans Y Golden Y Grant Hamrick Y Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey E Reed E Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Tate Y Thomas,D N Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 44, nays 3. HB 1078, having received the requisite constitutional majority, was passed. Senator Hill of the 32nd was excused for business outside the Senate Chamber. TUESDAY, APRIL 1, 2008 3375 HB 1090. By Representatives Stephens of the 164th, Carter of the 159th, Parham of the 141st and Parrish of the 156th: 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, II, III, and IV controlled substances; to change certain provisions relating to the definition of "dangerous drug"; to provide 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: E Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey E Reed E Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 0. HB 1090, having received the requisite constitutional majority, was passed. Senator Weber of the 40th was excused for business outside the Senate Chamber. 3376 JOURNAL OF THE SENATE HB 1116. By Representative Barnard of the 166th: 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 modify certain provisions relating to the "Probation Management Act of 2004"; 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 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 26, 2008 Honorable Terry Barnard, Chairman State Institutions and Property Committee State Capitol, Room 401 Atlanta, Georgia 30334 Dear Chairman Barnard: SUBJECT: Fiscal Note House Bill 1116 Substitute (LC 35 0825S) This bill would increase the minimum reimbursement rate paid by the Georgia Department of Corrections (DOC) to counties for housing state inmates. DOC is responsible for transferring an inmate from county jail to a state prison facility within 15 days of receiving proper documentation from the clerk of the court. If the inmate is not transferred within 15 days, then DOC must reimburse the county a minimum of $7.50 per day per inmate. This bill would increase the minimum reimbursement rate to $25 per day per inmate. This bill would only apply to reimbursement for the incarceration of felony TUESDAY, APRIL 1, 2008 3377 inmates available for transfer. In addition, this bill would modify certain probation management provisions related to administrative sanctions, preliminary hearings, and the finality of a hearing officer's decision. Reimbursement rate changes would become effective on July 1, 2008. The fiscal impact of this bill to the state is estimated at approximately $1.21 million annually. This estimate is based on the proposed change in the minimum reimbursement rate and the number of applicable inmate days, as projected by the DOC. According to DOC, the department is currently allocated funding to reimburse counties at the rate of $22 per day per inmate. Consequently, the proposed rate of $25 per day per inmate would increase the reimbursement rate by $3 per day per inmate. Based on the DOC's fiscal year 2009 projection, the estimated number of applicable inmate days would total 403,332. Multiplying this number of applicable inmate days by the $3 per day increase totals the estimated cost of $1.21 million. DOC did not expect the bill's provisions related to administrative sanctions, preliminary hearings, and the finality of a hearing officer's decision to result in a cost to the Department. Respectfully, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget Senators Grant of the 25th and Cowsert of the 46th offered the following amendment #1: Amend HB 1116 by deleting the phrase ", subject to appropriation" on line 3 of page 1. By deleting "Subject to the appropriation of funds by the General Assembly, if" on line 18 of page 1 and inserting the following in its place "If". By deleting "$25.00" on line 20 of page 1 and inserting the following in its place "$20.00". By inserting at the end of line 8 of page 2 immediately following 1983. the word "The". On the adoption of the amendment, the yeas were 28, nays 12, and the Grant, Cowsert amendment #1 was adopted. 3378 JOURNAL OF THE SENATE Senators Carter of the 13th, Chance of the 16th, Powell of the 23rd and Wiles of the 37th offered the following amendment #2: Amend HB 1116 (HB 1116/CSFA) by striking lines 4 through 14 of page 2 and inserting in lieu thereof the following: Said article is further amended by revising subsections (b) through (e) of Code Section 42-5-50, relating to transmittal of information on convicted persons and places of detention, as follows: "(b) Except as otherwise provided in subsection (c) of this Code section, within Within 15 days after the receipt of the information provided for in subsection (a) of this Code section, the commissioner shall assign the convicted person to a correctional institution designated by him the commissioner in accordance with subsection (b) of Code Section 42-5-51. It shall be the financial responsibility of the correctional institution to provide for the picking up and transportation, under guard, of the inmate to his the inmates assigned place of detention. If the inmate is assigned to a county correctional institution or other county facility, the county shall assume such duty and responsibility. (c) In the event that the attorney for the convicted person shall file a written request with the court setting forth that the presence of the convicted person is required within the county of the conviction, or incarceration, in order to prepare and prosecute properly the appeal of the conviction, the convicted person shall not be transferred to the correctional institution as provided in subsection (b) of this Code section. In such event the convicted person shall remain in the custody of the local jail or lockup until all appeals of the conviction shall be disposed of or until the attorney of record for the convicted person shall file with the trial court an affidavit setting forth that the presence of the convicted person is no longer required within the county in which the conviction occurred, or in which the convicted person is incarcerated, whichever event shall first occur. (d) The department shall not be required to assume the custody of those inmates who have been convicted and sentenced prior to January 1, 1983, and because their conviction is under appeal have not been transferred to the custody of the department, until July 1, 1983. The state shall pay for each such inmate not transferred to the custody of the department from a county facility the per diem rate specified by subsection (c) of Code Section 42-5-51 for each day the inmate remains in the custody of the county after the department receives the notice provided by subsection (a) of this Code section on or after January 1, 1983. (e)(d) In the event that the convicted person is free on bond pending the appeal of his or her conviction, the notice provided for in subsection (a) of this Code section shall not be transmitted to the commissioner until all appeals of such conviction have been disposed of or until the bond shall be revoked." On the adoption of the amendment, there were no objections, and the Carter et al. amendment #2 was adopted. TUESDAY, APRIL 1, 2008 3379 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 Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. HB 1116, having received the requisite constitutional majority, was passed as amended. Senator Grant of the 25th was excused for business outside the Senate Chamber. HB 1129. By Representatives Lewis of the 15th, Stephens of the 164th, Williams of the 4th, O`Neal of the 146th, Parrish of the 156th and others: 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 taxation, so as to provide for a program of tax refunds for companies creating and expanding certain tourism attractions; to provide for a short title; to define terms; to state legislative findings; to provide for conditions of eligibility and approval by the Department of Economic Development and a local government; to provide for agreements between that department and companies; to provide for regulations; 3380 JOURNAL OF THE SENATE 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 Senate Finance Committee offered the following substitute to HB 1129: 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 taxation, so as to provide for a program of tax refunds for companies creating and expanding certain tourism attractions; to provide for a short title; to define terms; to provide for legislative findings; to provide for conditions of eligibility and approval; to provide for procedures, conditions, and limitations; to provide for powers, duties, and responsibilities of the commissioner of economic development and the Department of Economic Development, the state revenue commissioner and the Department of Revenue, the director of the Office of Planning and Budget, and the governing authorities of counties and municipalities; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, is amended by adding a new article to read as follows: "ARTICLE 5 48-8-240. This article shall be known and may be cited as the 'Georgia Tourism Development Act.' 48-8-241. As used in this article, the term: (1) 'Agreement' means a tourism attraction agreement entered into, pursuant to Code Section 48-8-245, on behalf of the Department of Economic Development and an approved company, with respect to a tourism attraction project. (2) 'Approved company' means any corporation, limited liability company, partnership, limited liability partnership, sole proprietorship, business trust, or any other entity that is seeking to undertake a tourism project pursuant to Code Section 48-8-245 and is approved, pursuant to subsection (b) of Code Section 48-8-244, by the commissioner of economic development and by the governing authority of the city TUESDAY, APRIL 1, 2008 3381 where the tourism attraction project is to be located, if within a city, or otherwise, by the governing authority of the county where the tourism attraction project is to be located. (3) 'Approved costs' means: (A) Obligations incurred for labor and to vendors, contractors, subcontractors, builders, suppliers, deliverymen, and materialmen in connection with the acquisition, construction, equipping, and installation of a tourism attraction project; (B) The costs of acquiring real property or rights in real property and any costs incidental thereto; (C) All costs for construction materials and equipment installed at the tourism attraction project; (D) The cost of contract bonds and of insurance of all kinds that may be required or necessary during the course of the acquisition, construction, equipping, and installation of a tourism attraction project which is not paid by the vendor, supplier, deliveryman, or contractor or otherwise provided; (E) All costs of architectural and engineering services, including but not limited to: estimates, plans and specifications, preliminary investigations, and supervision of construction and installation, as well as for the performance of all the duties required by or consequent to the acquisition, construction, equipping, and installation of a tourism attraction project; (F) All costs required to be paid under the terms of any contract for the acquisition, construction, equipping, and installation of a tourism attraction project; (G) All costs required for the installation of utilities, including but not limited to: water, sewer, sewer treatment, gas, electricity, and communications and including off-site construction of the facilities paid for by the approved company; and (H) All other costs comparable with those described in this paragraph. (4) 'Incremental Georgia sales and use tax' means those state sales and use taxes generated by the project above the amount of sales and use taxes generated by the previous use of the property on which the project is located. (5) 'Tourism attraction' means a cultural or historical site; a recreation or entertainment facility; a sports stadium or arena; an area of natural phenomenon or scenic beauty; a convention hotel and conference center; an automobile race track with lodging and restaurant and other tourism amenities; a golf course facility with lodging and restaurant and other tourism amenities; marinas and water parks with lodging and restaurant facilities; or an entertainment destination center designed to attract tourists to the State of Georgia, subject to the following conditions: (A) A tourism attraction shall include commercial lodging facilities if the facilities constitute a significant portion of a tourism attraction project or the facilities are to be located on recreational property leased from a county, a municipal corporation, the state, or the federal government; and (B) A tourism attraction shall not include: (i) Facilities that are primarily devoted to the retail sale of goods, shopping centers, restaurants, or movie theaters; or 3382 JOURNAL OF THE SENATE (ii) Recreational facilities that do not serve as likely destinations where individuals who are not residents of this state would remain overnight in commercial lodging facilities at the tourism attraction project. (6) 'Tourism attraction project' or 'project' means the real estate acquisition, including the acquisition of real estate by a leasehold interest with a minimum term of 30 years, construction, and equipping of a tourism attraction; the construction and installation of improvements to facilities necessary or desirable for the acquisition, construction, and installation of a tourism attraction project, including but not limited to surveys; installation of utilities, which may include water, sewer, sewage treatment, gas, electricity, communications, and similar facilities; and off-site construction of utility extensions if paid for by the approved company. 48-8-242. The General Assembly finds and declares that the general welfare and material wellbeing of the citizens of this state depend in large measure upon the development of tourism in this state; that it is in the best interest of this state to induce the creation of new tourism attractions and the expansion of existing tourism attractions within this state in order to advance the public purposes of relieving unemployment by preserving and creating jobs that would not exist if not for the sales and use tax refund offered by the State of Georgia to approved companies and preserving and creating sources of tax revenues for the support of public services provided by this state; that the purposes to be accomplished under the provisions of this article are proper governmental and public purposes for which public moneys may be expended; and that the inducement of the creation and expansion of tourism attraction projects is of paramount importance to the economy of this state, mandating that the provisions of this article are to be liberally construed and applied in order to advance public purposes. 48-8-243. (a)(1)(A) In consideration of the execution of the agreement, each approved company shall be granted a sales and use tax refund from the incremental Georgia sales and use tax and all local sales and use taxes on the sales generated by the approved company and arising at the tourism attraction. (B) In consideration of the execution of the agreement, each approved company shall be granted a sales and use tax refund from the incremental Georgia sales and use tax and all local sales and use taxes on the sales generated by the approved company that are attributable to and connected with any project to be a part of or an addition to an existing tourism attraction. Each approved company shall keep and maintain annual records that delineate the increase in sales created by a project at an existing tourism attraction in order to be eligible to be granted a refund for that increase in sales. (2) The approved company shall have no obligation to refund or otherwise return any amount of this sales and use tax refund to the persons from whom the sales and use tax was collected. TUESDAY, APRIL 1, 2008 3383 (3) For all tourism attractions, the term of the agreement granting the sales and use tax refund shall be ten years. (4) This time period shall commence on the later of: (A) The final approval of the agreement for purposes of the sales and use tax refund; or (B) The effective date specified in the agreement. (b) Any sales and use tax collected by an approved company on sales transacted after final approval but prior to the commencement of the term of the agreement shall be refundable as if collected after the commencement of the term and applied to the approved companys first years refund after activation of the term and without changing the term. (c) The total sales and use tax refund allowed to the approved company over the term of the agreement shall be equal to the lesser of the total amount of the sales and use tax liability of the approved company or 25 percent of the approved costs for the tourism attraction project, subject to the following conditions: (1) The sales and use tax refund shall accrue over the term of the agreement in an annual amount equal to the lesser of the sales and use tax liability of the approved company for that year or 2.5 percent of the approved costs; and (2) Notwithstanding the 2.5 percent limitation of paragraph (1) of this subsection, any unused sales and use tax refunds from a previous year may be carried forward to any succeeding year during the term of the agreement. (d) On or before March 31 of each year during the term of the agreement, an approved company shall file with the department a claim for the sales and use tax refund collected by the approved company and remitted to the department during the preceding calendar year pursuant to subsection (c) of this Code section. (e) The Department of Economic Development, in consultation with other appropriate state agencies, shall promulgate administrative regulations and require the filing of a refund form designed by the Department of Economic Development to reflect the intent of this article. 48-8-244. (a) The commissioner of economic development, in consultation with other appropriate state agencies, shall establish standards for the filing of an application for tourism attraction projects by the promulgation of administrative regulations. (b) The commissioner of economic development shall consult with an advisory committee consisting of the commissioner of community affairs, the state revenue commissioner, and the director of the Office of Planning and Budget who shall assist and advise the commissioner of economic development in his or her review of applications filed by companies that are considering the development of a tourism attraction project. Within a reasonable time period after receiving a completed application, the commissioner of economic development shall make a determination as to whether the applicant meets the requirements of the regulations, and the commissioner of economic development shall recommend approval or denial of the 3384 JOURNAL OF THE SENATE application to the state revenue commissioner. (c) An application for a tourism attraction project filed with the Department of Economic Development shall include, but not be limited to, marketing plans for the tourism attraction project that target individuals who are not residents of this state; a description and location of such tourism attraction project; capital and other anticipated expenditures for such tourism attraction project and the anticipated sources of funding of such project; the anticipated employment and wages to be paid at such tourism attraction project; business plans which indicate the average number of days in a year in which such tourism attraction project will be in operation and open to the public; and the anticipated revenues to be generated by such tourism attraction project. (d) The commissioner of economic development and the local governing authority specified in paragraph (2) of Code Section 48-8-241 may grant approval to the tourism attraction project if the project shall: (1)(A) Have approved costs in excess of $25 million if such project is to be a new tourism attraction. (B) Have approved costs in excess of $10 million if such project is to be a part of or an addition to an existing tourism attraction, or, if the existing attraction can substantiate an increase in visitation to the attraction by adding physical improvements that are less than $10 million, the expansion may be approved if the commissioner of economic development determines that the project represents a significant positive economic impact on the region and this state; (2) Have a significant and positive economic impact on this state, considering, among other factors, the extent to which the tourism attraction project will compete directly with existing tourism attractions in this state and the amount by which increased state and local tax revenues from the tourism attraction project will exceed the refund to be given to the approved company; (3) Produce sufficient revenues and public demand to be operating and open to the public for a minimum of 120 days per year; and (4) Not adversely affect existing employment in this state. 48-8-245. (a) Upon final approval of a tourism attraction project, the Department of Economic Development shall enter into an agreement with any approved company, which agreement may also include as a partner any local development authority, and the terms and provisions of each agreement shall include, but not be limited to: (1) The projected amount of approved costs, provided any increase in approved costs incurred by the approved company and agreed to by the department shall apply retroactively for purposes of calculating the carry forward for unused sales and use tax refunds as set forth in subsection (c) of Code Section 48-8-243 for tax years commencing on or after the effective date of this article; (2) A date certain by which the approved company shall have completed the tourism attraction project and begun operations. Upon request from any approved company that has received final approval, the Department of Economic Development shall TUESDAY, APRIL 1, 2008 3385 grant an extension or change, which in no event shall exceed 18 months from the date of final approval, to the completion date as specified in the agreement with an approved company; and (3) The term shall be ten years from the later of: (A) The date of the final approval of the tourism attraction project; or (B) The original effective date specified in the agreement, if this effective date is within three years of the date of the final approval of the tourism attraction project. (b) If an approved company receives a refund under this article, the Department of Economic Development may deny the right to claim other economic development incentives consisting of income tax credits granted under Chapter 7 of this title that it may otherwise be eligible to claim on its state income tax return, while in the process of receiving the sales tax refund provided under this article." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of law in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden E Grant Y Heath Y Henson Y Hill,Jack E Hill,Judson Y Hooks Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Schaefer Y Seabaugh Y Seay Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman 3386 JOURNAL OF THE SENATE Y Hamrick Y Harbison Y Harp Y Hawkins Y Powell Y Ramsey Y Reed Rogers Y Weber Y Wiles Williams On the passage of the bill, the yeas were 46, nays 3. HB 1129, having received the requisite constitutional majority, was passed by substitute. The following communications were received by the Secretary: Senator Tommie Williams District 19 236 State Capitol Atlanta, GA 30334 Committees: Finance Appropriations Reapportionment and Redistricting Regulated Industries and Utilities Rules The State Senate Atlanta, Georgia 30334 4/1/08 Please record me as a yes on HB 1129. /s/ Tommie Williams Senator Chip Rogers District 21 325-A State Capitol Atlanta, GA 30334 Committees: Assignments Finance Economic Development Banking and Financial Institutions Insurance and Labor Reapportionment and Redistricting Rules Urban Affairs The State Senate Atlanta, Georgia 30334 4/1/08 I intended to vote Yes for HB 1129. /s/ Chip Rogers TUESDAY, APRIL 1, 2008 3387 The Calendar was resumed. HB 1160. By Representatives Walker of the 107th, Sheldon of the 105th, Smith of the 70th and Forster of the 3rd: A BILL to be entitled an Act to amend Chapter 66A of Title 36 of the Official Code of Georgia Annotated, relating to the transfer of development rights, so as to define certain terms; to provide for the severance of transferable development rights; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Stoner of the 6th. The Senate Special Judiciary Committee offered the following substitute to HB 1160: A BILL TO BE ENTITLED AN ACT To amend Chapter 66A of Title 36 of the Official Code of Georgia Annotated, relating to the transfer of development rights, so as to define certain terms; to provide for the severance of transferable development rights; to provide for recordation and a registry for transferable development rights; 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 66A of Title 36 of the Official Code of Georgia Annotated, relating to the transfer of development rights, is amended in Code Section 36-66A-1, relating to definitions, by revising paragraph (1) and adding a new paragraph as follows: "(1) 'Development rights' means the maximum development that would be allowed on the sending property under any general comprehensive or specific plan and or local zoning ordinance of a municipality or county in effect on the date the municipality or county adopts an ordinance pursuant to this chapter. Development rights may be calculated and allocated in accordance with factors including dwelling units, area, floor area, floor area ration ratio, height limitations, traffic generation, or any other criteria that will quantify a value for the development rights in a manner that will carry out the objectives of this Code section." "(8) 'Transfer ratio' means the ratio of the number of development rights that may be allocated to and transferred from a lot or parcel in a sending area to the number of development credits that may be allocated to and used upon a lot or parcel in a receiving area." 3388 JOURNAL OF THE SENATE SECTION 2. Said chapter is further amended in Code Section 36-66A-2, relating to procedures for transfer of development rights, by revising paragraphs (1) and (3) of subsection (c) as follows: "(1) The issuance and recordation of the instruments necessary to sever development rights from the sending property and to affix development rights to the receiving property. These instruments shall be executed by the affected property owners and lienholders and recorded in the county superior court clerks office and in a separate registry maintained by the municipal or county governing authority;" "(3) The severance of transferable development rights from the sending property and the delayed transfer of development rights to a receiving property, which may include the transfer of development rights in accordance with any transfer ratio established by the local government for sending areas, receiving areas, or both;" SECTION 3. This Act shall become effective on July 1, 2008, and shall apply to transfers of development rights executed on or after that date. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance N Chapman Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Heath Y Henson Y Hill,Jack E Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Thompson,S Y Tolleson TUESDAY, APRIL 1, 2008 3389 E Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 4. HB 1160, having received the requisite constitutional majority, was passed by substitute. HB 1246. By Representatives Peake of the 137th, Royal of the 171st and Parrish of the 156th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding state income taxes, so as to change certain provisions regarding income tax credits for certain business enterprises by including broadcasting; to change certain provisions regarding income tax credits for business enterprises in less developed areas by including broadcasting; to change certain provisions regarding income tax credits for qualified research expenses by including broadcasting; to change certain provisions regarding alternative tax credits for base year port traffic increases by including broadcasting; to provide an effective date; to provide for applicability; 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 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 March 5, 2008 3390 JOURNAL OF THE SENATE Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 1246 (LC 18 7154) Dear Chairman O'Neal: The Georgia State University Fiscal Research Center provided the following description of this bill and analysis of its fiscal impact: This legislation would provide for an income tax credit for business enterprises engaged in broadcasting that meet certain standards for creating new jobs. Broadcasting encompasses, but is not necessarily limited to, firms classified under the North American Industrial Classification System Codes 515, broadcasting; 516, internet publishing and broadcasting; and 512, motion picture and sound recording industries. The credit allowed is $500 per eligible new full-time employee. To qualify, the average salary of the new job must be higher than the average wage of the county that has the lowest average wage of any county in the state. In addition, the employer must add 5 or more new employees if located in a Tier 1 county, 10 or more in a Tier 2 county, 15 or more in a Tier 3 county and 25 or more if located in a Tier 4 county. The taxpayer would be able to claim the credit in year 2 after the creation of the new jobs. The legislation would take affect January 1, 2008. To estimate the revenue impact of the legislation, employment data was used to identify the changes in employment levels in the specified NAICS code industries. This data is identified by firm and county. For each firm, the number of new employees is first determined. Second, the number of new employees for that firm is compared to the minimum number required for the specific county in which the firm is located. Third, the average wage is compared to determine if the jobs meet the minimum wage requirement of the legislation. This process yields the number of jobs that qualify for the income tax credit and was estimated for years 2004, 2005, and 2006. The range in the number of qualifying jobs was a low of 2,731 and a high of 3,441. Applying the proposed tax credit of $500 per eligible job yields a revenue reduction estimate of $1.37 million to $1.72 million. For estimation purposes, it was assumed that all the firms have sufficient tax liability to fully claim the credits. TUESDAY, APRIL 1, 2008 3391 Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget The Senate Finance Committee offered the following substitute to HB 1246: A BILL TO BE ENTITLED AN ACT To amend Title 48 and 33 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and insurance, so as to revise and change certain provisions regarding state taxation; to change certain provisions regarding income tax credits for certain business enterprises by including broadcasting; to change certain provisions regarding income tax credits for business enterprises in less developed areas by including broadcasting; to change certain provisions regarding income tax credits for qualified research expenses by including broadcasting; to change certain provisions regarding alternative tax credits for base year port traffic increases by including broadcasting; to change certain provisions regarding income tax credits for existing business enterprises undergoing qualified business expansion by including broadcasting; to change certain provisions regarding income tax credits to business enterprises for leased motor vehicles by including broadcasting; to provide for state insurance premium tax credits for insurance companies located in certain counties designated as less developed areas; to provide for procedures, conditions, and limitations; to provide for assignment, carryover, and liability regarding such credits; to provide for powers, duties, and authority of the commissioner of community affairs and the Commissioner of Insurance; 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. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising subsection (a) and paragraph (2) of subsection (e) of Code Section 48-7-40, relating to income tax credits for certain business enterprises, as follows: "(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American 3392 JOURNAL OF THE SENATE Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (1)(2) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, and research and development industries. Such term shall not include retail businesses. (2)(3) 'Existing business enterprise' means any business or the headquarters of any such business which has operated for the immediately preceding three years a facility in this state which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, or research and development industries. Such term shall not include retail businesses." "(2) Existing business enterprises as defined under paragraph (2) of subsection (a) of this Code section shall be allowed an additional tax credit for taxes imposed under this article equal to $500.00 per eligible new full-time employee job for one year after the creation of such job. The additional credit shall be claimed in year two after the creation of such job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. In tier 1 counties, those existing business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties, only those existing business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those existing business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those existing business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. This paragraph shall apply only to new eligible full-time jobs created in taxable years beginning on or after January 1, 2006, and ending no later than taxable years beginning prior to January 1, 2011." TUESDAY, APRIL 1, 2008 3393 SECTION 2. Said title is further amended by revising subsection (a) of Code Section 48-7-40.1, relating to tax credits for business enterprises in less developed areas, as follows: "(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2) 'Business 'business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, and research and development industries. Such term shall not include retail businesses." SECTION 3. Said title is further amended by revising subsection (a) of Code Section 48-7-40.12, relating to tax credits for qualified research expenses, as follows: "(a) As used in this Code section, the term: (1) 'Base amount' means the product of a business enterprises Georgia taxable net income in the current taxable year and the average of the ratios of its aggregate qualified research expenses to Georgia taxable net income for the preceding three taxable years or 0.300, whichever is less. (2) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2)(3) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, and research and development industries. Such term shall not include retail businesses. (3)(4) 'Qualified research expenses' means qualified research expenses for any business enterprise as that term is defined in Section 41 of the Internal Revenue Code of 1986, as amended, except that all wages paid and all purchases of services and supplies must be for research conducted within the State of Georgia." 3394 JOURNAL OF THE SENATE SECTION 4. Said title is further amended by revising subsection (a) of Code Section 48-7-40.15, relating to alternative tax credits for base year port traffic increases, as follows: "(a) As used in this Code section, the term: (1) 'Base year port traffic' means the total amount of net tons, containers, or twentyfoot equivalent units (TEUs), of product actually transported by way of a waterborne ship or vehicle through a port facility during the period from January 1, 1997, through December 31, 1997; provided, however, that in the event the total amount actually transported during such period was not at least 75 net tons, five containers, or ten twenty-foot equivalent units (TEUs), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEUs). (2) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2)(3) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, and research and development industries but shall not include retail businesses. (3)(4) 'Port facility' means any privately owned or publicly owned facility located within this state through which product is transported by way of a waterborne ship or vehicle to or from destinations outside this state. (4)(5) 'Port traffic' means the total amount of net tons, containers, or twenty-foot equivalent units (TEUs) of product transported by way of a waterborne ship or vehicle through a port facility. (5)(6) 'Product' means a marketable product or component of a product which has an economic value to the wholesale or retail consumer and is ready to be used without further alteration of its form or a product or material which is marketed as a prepared material or is a component in the manufacturing and assembly of other finished products. (6)(7) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing or telecommunications facility to be located in this state or in the expansion of an existing manufacturing or telecommunications facility located in this state, including, but not limited to, moneys expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing or telecommunications facility. The department shall promulgate rules defining eligible manufacturing facilities, telecommunications facilities, and qualified investment property pursuant to this Code section." TUESDAY, APRIL 1, 2008 3395 SECTION 5. Said title is further amended by revising subsection (a) of Code Section 48-7-40.21, relating to tax credits for existing business enterprises undergoing qualified business expansion, as follows: "(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (1)(2) 'Existing business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, or research and development industries that has been in operation in this state for at least five years. Such term shall not include retail businesses. (2)(3) 'Qualified business expansion' means the creation of at least 500 new full-time jobs within a taxable year." SECTION 6. Said title is further amended by revising subsection (a) of Code Section 48-7-40.22, relating to income tax credits to business enterprises for leased motor vehicles, as follows: "(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (1)(2) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, research and development industries, child care businesses, or retail businesses. (2)(3) 'Headquarters' means the principal central administrative office of a taxpayer. (3)(4) 'Tier' means a tier as designated pursuant to Code Section 48-7-40, as amended." 3396 JOURNAL OF THE SENATE SECTION 7. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding two new Code sections to read as follows: "33-8-4.1. (a) As used in this Code section, the term: (1) 'Business enterprise' means any insurance company or the headquarters of any insurance company required to pay the tax under Code Section 33-8-4. (2) 'Existing business enterprise' means any insurance company or the headquarters of any insurance company required to pay the tax under Code Section 33-8-4 which has operated for the immediately preceding three years a facility in this state. (b)(1) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Commerce, the commissioner of community affairs shall rank and designate as less developed areas all 159 counties in this state using a combination of the following equally weighted factors: (A) Highest unemployment rate for the most recent 36 month period; (B) Lowest per capita income for the most recent 36 month period; and (C) Highest percentage of residents whose incomes are below the poverty level according to the most recent data available. (2) Counties ranked and designated as the first through seventy-first least developed counties shall be classified as tier 1, counties ranked and designated as the seventysecond through one hundred sixth least developed counties shall be classified as tier 2, counties ranked and designated as the one hundred seventh through one hundred forty-first least developed counties shall be classified as tier 3, and counties ranked and designated as the one hundred forty-second through one hundred fifty-ninth least developed counties shall be classified as tier 4. (c) The commissioner of community affairs shall be authorized to include in the tier 2 designation provided for in subsection (b) of this Code section any tier 3 county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county. No designation made pursuant to this subsection shall operate to displace or remove any other county previously designated as a tier 2 county. (d) The commissioner of community affairs shall be authorized to include in the tier 1 designation provided for in subsection (b) of this Code section any tier 2 county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county. No designation made pursuant to this subsection shall operate to displace or remove any other county previously designated as a tier 1 county. (e) For business enterprises which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether TUESDAY, APRIL 1, 2008 3397 or not a particular county is reclassified in a different tier. (f)(1) Business enterprises in counties designated by the commissioner of community affairs as tier 1 counties shall be allowed a job tax credit for taxes imposed under Code Section 33-8-4 equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with years two through six after the creation of such job. Business enterprises in counties designated by the commissioner of community affairs as tier 2 counties shall be allowed a job tax credit for taxes imposed under Code Section 33-8-4 equal to $2,500.00 annually, business enterprises in counties designated by the commissioner of community affairs as tier 3 counties shall be allowed a job tax credit for taxes imposed under Code Section 33-8-4 equal to $1,250.00 annually, and business enterprises in counties designated by the commissioner of community affairs as tier 4 counties shall be allowed a job tax credit for taxes imposed under Code Section 33-8-4 equal to $750.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the calendar year with the corresponding period of the prior calendar year. In tier 1 counties, those business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties, only those business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The Commissioner of Insurance shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. (2) Existing business enterprises as defined under paragraph (2) of subsection (a) of this Code section shall be allowed an additional tax credit for taxes imposed under Code Section 33-8-4 equal to $500.00 per eligible new full-time employee job for one year after the creation of such job. The additional credit shall be claimed in year two after the creation of such job. The number of new full-time jobs shall be determined 3398 JOURNAL OF THE SENATE by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the calendar year with the corresponding period of the prior calendar year. In tier 1 counties, those existing business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties, only those existing business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those existing business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those existing business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The Commissioner of Insurance shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. This paragraph shall apply only to new eligible full-time jobs created on or after January 1, 2009, and prior to January 1, 2014. (g) Tax credits for five years for the taxes imposed under Code Section 33-8-4 shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b), (c), or (d) of this Code section. Additional new full-time jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through six, or whatever portion of years two through six which has been completed, from the total increased employment. The Commissioner of Insurance shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. (h) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification. (i)(1) Except as provided in paragraph (2) of this subsection, any credit claimed under this Code section but not used in that calendar year may be carried forward for ten years from the close of the calendar year in which the qualified jobs were established, but in tiers 3 and 4 the credit established by this Code section taken in TUESDAY, APRIL 1, 2008 3399 any one calendar year shall be limited to an amount not greater than 50 percent of the taxpayers tax liability under Code Section 33-8-4 which is attributable to operations in this state for that calendar year. In tier 1 and 2 counties, the credit allowed under this Code section against taxes imposed under Code Section 33-8-4 in any calendar year shall be limited to an amount not greater than 100 percent of the taxpayers tax liability under Code Section 33-8-4 attributable to operations in this state for such calendar year. (2) The additional credit claimed by an existing business enterprise pursuant to the provisions of paragraph (2) of subsection (f) of this Code section must be applied against taxes imposed for the calendar year in which such credit is available and may not be carried forward to any subsequent calendar year. (j) The Commissioner of Insurance may require such reports, promulgate such regulations, and gather such relevant data necessary and advisable for the evaluation of the job tax credits established by this Code section. 33-8-4.2. (a) As used in this Code section, the term 'affiliated entity' means: (1) A corporation that is a member of the taxpayers 'affiliated group' within the meaning of Section 1504(a) of the Internal Revenue Code and which corporation has a tax liability under Code Section 33-8-4; or (2) An entity affiliated with a corporation, business, partnership, or limited liability company taxpayer, which entity has a tax liability under Code Section 33-8-4 and which entity: (A) Owns or leases the land on which a project is constructed; (B) Provides capital for construction of the project; and (C) Is the grantor or owner under a management agreement with a managing company of the project. (b) In lieu of claiming any tax credit under Code Section 33-8-4.1 for which a taxpayer otherwise is eligible for the calendar year (such eligibility being determined for this purpose without regard to any limitation imposed by reason of the taxpayers precredit tax liability under Code Section 33-8-4), the taxpayer may elect to assign such credit in whole or in part to one or more affiliated entities for such calendar year by attaching a statement to the taxpayers return for the calendar year; provided, however, that no carryover attributable to the unused portion of any previously claimed or assigned credit may be assigned or reassigned, except as provided in subsection (d) of this Code section. Such election must be made on or before the due date for filing the applicable tax return under Code Section 33-8-4, including any extensions which have been granted. In the case of any credit that must be claimed in installments in more than one calendar year, the election under this subsection may be made on an annual basis with respect to each such installment, provided that the taxpayer shall notify the Commissioner of Insurance with respect to the assignment of each such installment by filing a separate copy of the election statement for such installment no later than the due date for filing the applicable tax return under Code Section 33-8-4, including any 3400 JOURNAL OF THE SENATE extensions which have been granted. Once made, an election under this subsection shall be irrevocable. (c) The recipient of a tax credit assigned under subsection (b) of this Code section shall attach a statement to its tax return under Code Section 33-8-4 identifying the assignor of the tax credit, in addition to providing any other information required to be provided by a claimant of the assigned tax credit. (d) If the assignor and the recipient of a tax credit assigned under subsection (b) of this Code section cease to be affiliated entities, any carryover attributable to the unused portion of such credit shall be transferred back to the assignor of the credit. Such assignor shall be permitted to use any such carryover itself and also shall be permitted to assign such carryover to one or more affiliated entities, as if such carryover were a tax credit under Code Section 33-8-4.1 for which the assignor became eligible in the calendar year in which the carryover was transferred back to the assignor. (e) The assignor and recipient of a tax credit assigned under subsection (b) of this Code section shall be jointly and severally liable for any tax under Code Section 33-8-4 (plus interest and penalties, if any) attributable to the disallowance or recapture of the assigned credit." SECTION 8. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2008. (b) Section 7 shall become effective on January 1, 2009. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. Senator Staton of the 18th asked unanimous consent that he be excused from voting on HB 1246 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Staton was excused. On the adoption of the substitute, there were no objections, 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 Heath Y Henson Y Hill,Jack Schaefer Y Seabaugh Y Seay TUESDAY, APRIL 1, 2008 3401 Y Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed Y Rogers Y Shafer,D Y Smith E Staton Y Stoner Y Tarver Y Tate Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 3. HB 1246, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Johnson of the 1st Murphy of the 27th HB 1280. By Representatives Stephens of the 164th, Bearden of the 68th, Shaw of the 176th, Roberts of the 154th and May of the 111th: 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 state licensing of regional economic assistance projects to sell certain alcoholic beverages; to provide requirements and conditions of such license; to provide for powers, duties, and authority of the state revenue commissioner; to amend Article 8 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to encouragement of state agencies to give certified projects priority in licensing and processing grants and authorization for sale of alcoholic beverages, so as to move the provisions relating to the sales of certain alcoholic beverages by regional economic assistance projects to Title 3 of the Official Code of Georgia Annotated; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Shafer of the 48th. 3402 JOURNAL OF THE SENATE Senators Unterman of the 45th and Balfour of the 9th offered the following amendment #1: Amend HB 1280 by striking lines 4 through 7 on page 1 and inserting in lieu thereof the following: powers, duties, and authority of the state revenue commissioner; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for additional assistance by the Department of Community Affairs relating to regional economic assistance projects; to provide for certain adjacent facilities to satisfy certain designation criteria; to move the provisions relating to the By inserting between lines 2 and 3 on page 3 the following: SECTION 1.1. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by revising subsection (b) of Code Section 50-8-7, relating to the planning and technical assistance activities and information gathering and distributing, by adding a new paragraph (2.1) to read as follows: "(2.1) The department may assist any local government or local authority owning or operating a facility for convention and trade show purposes or any other similar or related purposes in identifying and promoting regional economic assistance projects within their respective jurisdictions, and such facility, if the subject of a reciprocal use agreement, shall be an adjacent facility satisfying the criteria of paragraph (1) of subsection (c) of Code Section 50-8-191." By striking lines 4 and 5 on page 3 and inserting in lieu thereof the following: Said chapter is further amended by revising Code Section 50-8-193, On the adoption of the amendment, there were no objections, and the Unterman, Balfour amendment #1 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour N Brown Y Bulloch Y Butler N Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks N Schaefer Y Seabaugh Y Seay Y Shafer,D N Smith TUESDAY, APRIL 1, 2008 3403 Carter Y Chance N Chapman N Cowsert Y Davenport N Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins N Hudgens N Jackson E Johnson Y Jones Y Me V Bremen Y Moody Y Mullis E Murphy Y Orrock N Pearson Y Powell Y Ramsey Reed Y Rogers Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber N Wiles Y Williams On the passage of the bill, the yeas were 39, nays 12. HB 1280, 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 passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 33. 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 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. SB 383. By Senators Hill of the 32nd, Chance of the 16th, Hudgens of the 47th, Thomas of the 54th, Rogers of the 21st 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 a short title; to 3404 JOURNAL OF THE SENATE provide for legislative intent; to provide for the Commissioner of Insurance to adopt policies to promote, approve, and encourage health savings account eligible high deductible plans in Georgia; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in such plans; to provide for certain requirements for such plans; to provide for health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 398. By Senator Thompson of the 33rd: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by, but not exclusively by, an Act approved March 19, 1987 (Ga. L. 1987, p. 4043), so as to provide for the mayors or city councilmembers terms and qualifications for office; to provide for applicability of general law; to provide for election of the city council and mayor; to provide for nonpartisan elections; to provide for election by majority; to provide for special elections; to provide for vacancies; to provide for other provisions; to provide for removal of officers; to repeal conflicting laws; and for other purposes. SB 405. By Senators Balfour of the 9th, Douglas of the 17th, Murphy of the 27th, Cowsert of the 46th, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 44 of the O.C.G.A., relating to acquisition and loss of property, so as to provide for the enactment of the "Georgia Revised Uniform Anatomical Gift Act"; to repeal the "Georgia Anatomical Gift Act"; to provide for a short title; to provide for definitions; to provide for anatomical gifts; to provide for who may make an anatomical gift; to provide for the manner of making, amending, or revoking an anatomical gift; to provide for refusal to make an anatomical gift; to provide for effectiveness; to provide for search and notification; to provide for delivery of document; to provide for rights and duties of procurement organizations; to provide for coordination of procurement and use; to prohibit the sale or purchase of body parts; to provide for penalties; to provide for immunity; to provide for related matters; to repeal conflicting laws; and for other purposes. TUESDAY, APRIL 1, 2008 3405 SB 429. By Senators Bulloch of the 11th, Goggans of the 7th, Douglas of the 17th, Heath of the 31st and Hudgens of the 47th: A BILL to be entitled an Act to provide for enforcement of state laws pertaining to functions assigned to the Department of Agriculture; to provide for certain other enforcement powers of department employees; to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to redesignate and change certain provisions relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally; to repeal conflicting laws; and for other purposes. SB 508. By Senators Meyer von Bremen of the 12th, Harp of the 29th, Adelman of the 42nd and Weber of the 40th: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 10, Chapter 9 of Title 15, Title 29, and Title 53 of the Official Code of Georgia Annotated, relating to the relations between principal and agent, probate courts, guardian and ward, and wills, trusts, and administration of estates, respectively, so as to update and change provisions affecting the probate courts; to update a reference to a conservator involving incompetency or incapacity of a principal on a power of attorney; to change references relating to the power to cite absconding fiduciaries; to change provisions relating to place and time for holding court; to provide for quarterly terms of court rather than monthly; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Mr. President: The House insists on its position in amending the following Bill of the Senate: SB 345. By Senators Harbison of the 15th, Douglas of the 17th, Moody of the 56th, Hooks of the 14th and Seay of the 34th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to adopt the Interstate Compact on Educational Opportunity for Military Children; to create the Interstate Commission on Educational Opportunity for Military Children; to provide for the members of the interstate commission and their service; provide for an executive committee and its membership and duties; to provide for the powers, duties, organization, and operations of the 3406 JOURNAL OF THE SENATE commission; to provide for oversight, enforcement, and dispute resolution; to provide for financing of the interstate commission; to provide for member states, effective date, and amendments; to provide for withdrawal and dissolution; to provide for binding effect and other laws; to provide for other related matters; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 311. By Representatives Fleming of the 117th, Harbin of the 118th, O`Neal of the 146th, Yates of the 73rd, Talton of the 145th and others: A BILL to be entitled an Act to amend Subpart 10A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia HERO Scholarship, so as to change the definition of the term "qualifying term of service"; to change the date for qualifying service; to repeal conflicting laws; and for other purposes. The Calendar was resumed. HB 1281. By Representatives England of the 108th, McCall of the 30th, Roberts of the 154th, Hanner of the 148th, Ehrhart of the 36th and others: 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 prohibit local government restrictions on outdoor water use during periods of drought that are more restrictive than those imposed by the state without certain approval; to provide that political subdivisions may be exempted from outdoor watering restrictions imposed by the state; to prohibit placing certain restrictions on use of surface water for swimming pools; to prohibit placing certain restrictions on use of ground water for swimming pools; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bulloch of the 11th. The Senate Agriculture and Consumer Affairs Committee offered the following substitute to HB 1281: 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 that local governments may impose additional TUESDAY, APRIL 1, 2008 3407 restrictions on outdoor water use for good cause shown; to provide for local emergency restrictions on outdoor water use; to provide that political subdivisions may be exempted from outdoor watering restrictions for good cause shown; to prohibit placing certain restrictions on use of surface water for swimming pools; to prohibit placing certain restrictions on use of ground water for swimming pools; 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 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by adding a new Code section to read as follows: "12-5-7. (a)(1) Any political subdivision of this state or local government authority may, upon application to and approval by the director of the Environmental Protection Division of the department for good cause shown, impose more stringent restrictions on outdoor water use during periods of drought than those applicable restrictions, if any, imposed by the state. For purposes of this subsection, 'good cause' means evidence sufficient to support a reasonable conclusion, considering available relevant information, that such additional restrictions are necessary and appropriate to avoid or relieve a local water shortage. A variance granted pursuant to this subsection shall be valid for such period as determined by the director. (2) Paragraph (1) of this subsection shall not prohibit a political subdivision or local government authority from imposing more stringent restrictions on outdoor water use in case of an emergency which immediately threatens the public health, safety, or welfare; provided, however, that such emergency restrictions shall be valid for a period not exceeding seven days unless a variance is granted by the director pursuant to paragraph (1) of this subsection. If the director determines that a political subdivision or local government authority is exercising emergency powers granted by this paragraph in a manner to circumvent the necessity of obtaining such a variance, he or she may suspend the emergency powers granted by this paragraph to such political subdivision or local government authority. (b) Any political subdivision of this state or local government authority may apply for and, upon approval by the director of the Environmental Protection Division of the department for good cause shown, shall be granted an exemption from nonstatutory outdoor watering restrictions or water use reductions imposed by the state. For purposes of this subsection, 'good cause' means evidence sufficient to support a reasonable conclusion, considering available relevant information, that such restrictions, reductions, or both are not necessary and appropriate to avoid or relieve a local water shortage. A variance granted pursuant to this subsection shall be valid for such period as determined by the director. (c) The director shall render a decision on an application made by a political subdivision or local government authority under subsection (a) or (b) of this Code 3408 JOURNAL OF THE SENATE section within three business days after receipt thereof." SECTION 2. Said chapter is further amended in subsection (l) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters generally and for farm uses and monitoring, recording, and reporting water withdrawals, by deleting "and" at the end of paragraph (4) and adding a new paragraph to read as follows: "(4.1) Except when necessary to provide sufficient water for uses listed in paragraphs (3) and (4) of this subsection during an emergency period of water shortage, the director shall not restrict the use of surface water for public, private, or community swimming pools solely due to drought or water shortage; and" SECTION 3. Said chapter is further amended in Code Section 12-5-102, relating to emergency orders, hearing, and appeal, by adding a new subsection to read as follows: "(e) Except when necessary to provide sufficient water for uses listed in subsections (c) and (d) of this Code section during an emergency period of water shortage, the director shall not restrict the use of ground water for public, private, or community swimming pools solely due to drought or water shortage." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senators Bulloch of the 11th and Harp of the 29th offered the following amendment #1: Amend the LC 25 5273S substitute to HB 1281 by inserting "to provide for automatic repeal;" after "good cause shown;" on line 5 of page 1. By replacing "a new Code section" with "new Code sections" on line 12 of page 1. By replacing "three" with "five" on line 16 of page 2. By deleting the quotation mark at the end of line 17 of page 2 and inserting between lines 17 and 18 of page 2 the following: (d) This Code section shall stand repealed and reserved on July 1, 2010. 12-5-8. Not later than June 30, 2009, the board shall adopt new rules and regulations relating to drought management consistent with this chapter and any state-wide water management TUESDAY, APRIL 1, 2008 3409 plan under Article 8 of this chapter. Such rules and regulations shall include but not be limited to provisions for a drought response committee; drought indicators and triggers; a drought declaration process; and state and local predrought mitigation strategies and drought response strategies. Such predrought mitigation strategies shall be designed to minimize the potential effects of drought. Such drought response strategies shall be measures or actions to be implemented during various stages of drought. Such rules and regulations shall replace any previous drought management plan adopted by the board and shall be revised from time to time as the board deems appropriate." By revising lines 23 through 26 of page 2 as follows: "(4.1) The use of surface water for any swimming pool shall be deemed not to be outdoor water use for purposes of any outdoor watering restrictions if failure to maintain the swimming pool would create unsafe, unsanitary, or unhealthy conditions affecting the public health or welfare; and " By revising lines 30 through 33 of page 2 as follows: "(e) The use of ground water for any swimming pool shall be deemed not to be outdoor water use for purposes of any outdoor watering restrictions if failure to maintain the swimming pool would create unsafe, unsanitary, or unhealthy conditions affecting the public health or welfare." On the adoption of the amendment, there were no objections, and the Bulloch, Harp amendment #1 to the committee substitute was adopted. Senators Bulloch of the 11th and Moody of the 56th offered the following amendment #2: Amend the Senate Agriculture and Consumer Affairs Committee substitute to HB 1281 by inserting after "outdoor water use;" on line 4 of page 1 the following: to provide an exemption from certain penalties; By inserting between lines 6 and 7 of page 2 the following: (3) In the event that a political subdivision of this state or local government authority is unable to satisfy reduced water consumption or other permit requirements under its water withdrawal or operating permit due to its inability under this subsection to impose more stringent restrictions on outdoor water use during periods of drought than those applicable restrictions, if any, imposed by the state, such political subdivision or local government authority shall be exempt from fines, sanctions, or other penalties applicable for such failure upon the approval of the director of the Environmental Protection Division of the department. The director shall consider all measures implemented by such political subdivision or local government authority prior to issuing fines, sanctions, or other penalties applicable, if any, for such failure. The political subdivision or local government authority shall notify the director of the Environmental Protection Division 3410 JOURNAL OF THE SENATE of the department within ten business days following the discovery of such failure. The director may request additional information at any time to substantiate such a claim. On the adoption of the amendment, there were no objections, and the Bulloch, Moody amendment #2 to the committee substitute was adopted. Senator Seabaugh of the 28th offered the following amendment #3: Amend the Senate Agriculture and Consumer Affairs Committee substitute to HB 1281 by adding at the end of line 22 of page 1 the following: In any case involving the grant of a variance by the director pursuant to this subsection, the filing of a petition pursuant to subparagraph (c)(2)(A) of Code Section 12-2-2 by a person to whom such order or action is not directed shall not stay such order or action, the provisions of subparagraph (c)(2)(B) of Code Section 12-2-2 to the contrary notwithstanding. On the adoption of the amendment, the President asked for unanimous consent. Senator Bulloch of the 11th objected. On the adoption of the amendment, the yeas were 6, nays 27, and the Seabaugh amendment #3 was lost. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown Y Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Schaefer Y Seabaugh N Seay Y Shafer,D N Smith Y Staton N Stoner Y Tarver N Tate N Thomas,D Y Thomas,R N Thompson,C TUESDAY, APRIL 1, 2008 3411 Y Goggans Y Golden Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Murphy N Orrock Y Pearson Y Powell Y Ramsey N Reed Y Rogers N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams On the passage of the bill, the yeas were 39, nays 13. HB 1281, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Seabaugh of the 28th Staton of the 18th Tolleson of the 20th The following bill was taken up to consider House action thereto: SB 355. By Senators Smith of the 52nd, Hamrick of the 30th, Cowsert of the 46th, Harp of the 29th, Meyer von Bremen of the 12th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to provide for the disbursement of certain settlement funds after closing even though such funds are not collected funds; to provide that lenders shall provide loan funds in the form of collected funds at or prior to closing; 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 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to provide for the disbursement of certain settlement funds after closing even though such funds are not collected funds; to provide that lenders shall provide loan funds in the form of collected funds at or prior to closing; 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: 3412 JOURNAL OF THE SENATE SECTION 1. Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, is amended by revising subsections (c) and (d) of Code Section 44-14-13, relating to disbursement of settlement proceeds, as follows: "(c) Except as otherwise provided in this Code section, a settlement agent shall not cause a disbursement of settlement proceeds unless such settlement proceeds are collected funds. Notwithstanding that a deposit made by a settlement agent to its escrow account does not constitute collected funds, the A settlement agent may cause a disbursement of disburse settlement proceeds from the its escrow account in reliance on such deposit under any of the following circumstances after receipt of any of the following negotiable instruments even though the same are not collected funds: (1) The deposit is either (A) a certified check, A cashiers check, as defined in subsection (g) of Code Section 11-3-104, or treasurers check issued by or drawn on, or (B) other similar primary obligation of from a federally insured bank, savings bank, savings and loan association, or credit union and issued by a lender for a closing or loan transaction, provided that such funds are immediately available and cannot be dishonored or refused when negotiated or presented for payment or of any holding company or wholly owned subsidiary of any of the foregoing; (2) The deposit is either a check or draft issued by a lender approved by the United States Department of Housing and Urban Development (HUD); (3) The deposit is a check issued by a lender qualified to do business in Georgia; (4)(2) The deposit is a A check drawn on the escrow account of an attorney licensed to practice law in the State of Georgia or on the escrow account of a real estate broker licensed under Chapter 40 of Title 43, if the settlement agent has reasonable and prudent grounds to believe that the deposit check will constitute collected funds in the settlement agents escrow account within a reasonable period; (5)(3) The deposit is a A check issued by the United States of America or any agency thereof or the State of Georgia or any agency or political subdivision, as such term is defined in Code Section 50-15-1, of the State of Georgia; or (6)(4) The deposit is a personal A check or checks in an aggregate amount not exceeding $5,000.00 per loan closing. For purposes of this Code section, disbursement of settlement proceeds shall only be made from the proceeds of any of the instruments described in paragraphs (1) through (6) (4) of this subsection if such instruments are negotiable instruments if they are negotiable in accordance with the provisions of Code Section 11-3-104. (d) The lender shall at or before the loan closing deliver loan funds to the settlement agent either in the form of collected funds or in the form of a negotiable instrument described in any of paragraphs (1) through (3) of subsection (c) of this Code section, provided that the lender must cause such instrument to be honored upon presentment for payment to the bank or other depository institution upon which such instrument was drawn; provided, however, that in the case of refinancing, or any other loan where a right of rescission applies, the lender shall, no later than the business day after the TUESDAY, APRIL 1, 2008 3413 expiration of the rescission period required under the federal Truth in Lending Act (15 U.S.C. Section 1601, et seq.) or other applicable law, deliver loan funds to the settlement agent in one or more of the forms set forth in 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. Senator Smith of the 52nd moved that the Senate agree to the House substitute to SB 355 as amended by the following amendment: Amend the House Committee on Judiciary substitute to SB 355 (LC 29 3202S) by inserting after the word "date" on line 6 of page 1 "and applicability". By striking lines 24 through 26 of page 2 and inserting in lieu thereof the following: lender shall, prior to the disbursement of the settlement proceeds and no later than the expiration of the rescission period required under the federal Truth in Lending Act (15 U.S.C. Section 1601, et seq.), deliver loan funds to the settlement agent in one or more of the forms set By striking lines 29 and 30 of page 2 and inserting in lieu thereof the following: This Act shall become effective on July 1, 2008, and shall apply to all loans closed on or after July 1, 2008. On the motion, a roll call was taken and the vote was as follows: Y Adelman Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Heath Y Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Schaefer E Seabaugh Y Seay Y Shafer,D Y Smith E Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S E Tolleson 3414 JOURNAL OF THE SENATE Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Unterman Y Weber Y Wiles Williams On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 355 as amended by the Senate. The following bill was taken up to consider House action thereto: SB 345. By Senators Harbison of the 15th, Douglas of the 17th, Moody of the 56th, Hooks of the 14th and Seay of the 34th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to adopt the Interstate Compact on Educational Opportunity for Military Children; to create the Interstate Commission on Educational Opportunity for Military Children; to provide for the members of the interstate commission and their service; provide for an executive committee and its membership and duties; to provide for the powers, duties, organization, and operations of the commission; to provide for oversight, enforcement, and dispute resolution; to provide for financing of the interstate commission; to provide for member states, effective date, and amendments; to provide for withdrawal and dissolution; to provide for binding effect and other laws; to provide for other related matters; to repeal conflicting laws; and for other purposes. Senator Harbison of the 15th asked unanimous consent that the Senate adhere to its disagreement to the House amendments to SB 345 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Johnson of the 1st, Harbison of the 15th and Weber of the 40th. The following Senators were excused for business outside the Senate Chamber: Carter of the 13th Chance of the 16th The Calendar was resumed. HB 1346. By Representatives O`Neal of the 146th and Talton of the 145th: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the TUESDAY, APRIL 1, 2008 3415 Official Code of Georgia Annotated, relating to theft, so as to create the offense of organized retail theft; to provide for definitions; to provide for forfeiture; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hamrick of the 30th. The Senate Judiciary Committee offered the following substitute to HB 1346: 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 create the offense of organized retail theft; to provide for definitions; to provide for forfeiture; 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 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, is amended by adding a new Code section to read as follows: "16-8-5.2. (a) As used in this Code section, the term: (1) 'Retail property' means any new article, product, commodity, item, or component intended to be sold in retail commerce. (2) 'Retail property fence' means an individual or entity that buys retail property and knows or should have known that the retail property was stolen. (3) 'Value' means the retail value of the item as advertised by the affected retail establishment, to include applicable taxes. (b) A person commits the offense of organized retail theft when two or more persons are knowingly involved in theft of retail property from a retail establishment in quantities that would not normally be purchased for personal use or consumption, aggregated over a 180 day period, with the intent to sell such retail property to a retail property fence or to place the stolen merchandise back into commerce for monetary or other gains. Whoever knowingly receives, possesses, conceals, stores, barters, sells, or disposes of retail property with the intent to distribute any retail property which is known or should be known to have been taken or stolen in violation of this subsection with the intent to distribute the proceeds, or to otherwise promote, manage, carry on, or facilitate an offense described in this subsection, shall have committed the offense of organized retail theft. (c)(1) It shall not be necessary in any prosecution under this Code section for the state to prove that any intended profit was actually realized. The trier of fact may 3416 JOURNAL OF THE SENATE infer that a particular scheme or course of conduct was undertaken for profit from all of the attending circumstances. (2) It shall not be a defense to violating this Code section that the property was obtained by means other than through the commission of a theft offense if the property was explicitly represented to the accused as being obtained through the commission of a theft. (d) Any property constituting proceeds derived from or realized through a violation of this Code section shall be subject to forfeiture to the State of Georgia except that no property of any owner shall be forfeited under this subsection, to the extent of the interest of such owner, by reason of an act or omission established by such owner to have been committed or omitted without knowledge or consent of such owner. The procedure for forfeiture and disposition of forfeited property under this subsection shall be as provided for under Code Section 16-13-49. (e) Each violation of this Code section shall constitute a separate offense." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Hamrick of the 30th offered the following amendment #1: Amend the Senate Judiciary Committee substitute to HB 1346 (LC 21 9916S) by striking the term "organized retail theft" on lines 2 and 26 of page 1 and replacing it with "retail property fencing". By striking lines 13 and 14 of page 1 and inserting in lieu thereof the following: (2) 'Retail property fence' means a person or entity that buys, sells, transfers, or possesses with the intent to sell or transfer retail property that such person knows or should have known was stolen. By inserting after the word "as" on line 15 of page 1 "stated or". By replacing the subsection designations (c), (d), and (e) on lines 1, 8, and 15 of page 2 with the subsection designations (d), (e), and (f), respectively. By striking lines 17 through 21 of page 1 and inserting in lieu thereof the following: (b) A person commits the offense of retail property fencing when such persons receives, disposes of, or retains retail property which was unlawfully taken or shoplifted over a period not to exceed 180 days with the intent to: (1) Transfer, sell, or distribute such retail property to a retail property fence; or (2) Attempt or cause such retail property to be offered for sale, transfer, or distribution for money or other things of value. (c) Whoever TUESDAY, APRIL 1, 2008 3417 On the adoption of the amendment, there were no objections, and the Hamrick amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown Y Bulloch N Butler E Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer E Seabaugh Y Seay Y Shafer,D Y Smith E Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 2. HB 1346, 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: 3418 JOURNAL OF THE SENATE SB 154. By Senators Murphy of the 27th, Pearson of the 51st, Johnson of the 1st, Rogers of the 21st, Shafer of the 48th and others: A BILL to be entitled an Act to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable only to municipal corporations, so as to provide that municipal corporations and newly incorporated municipalities enter into certain agreements with solid waste collection firms providing services for the territory annexed or incorporated; to provide for related matters; to repeal conflicting laws; and for other purposes. At 5:13 p.m. the President announced that the Senate would stand in recess until 6:00 p.m. At 6:00 p.m. the President called the Senate to order. Senator Hamrick of the 30th was excused for business outside the Senate Chamber. The Calendar was resumed. HB 237. By Representatives Martin of the 47th, Stephens of the 164th, Lewis of the 15th, Watson of the 91st, Royal of the 171st and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change certain provisions regarding exemptions with respect to the sale of certain manufacturing machinery, certain primary handling equipment, certain aircraft machinery or equipment, certain parts, machinery clothing, molds, dies, or tooling, and certain air or water pollution eliminating machinery and equipment; to provide an effective date; 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 1-156 Atlanta, Georgia 30334-8400 TUESDAY, APRIL 1, 2008 3419 Russell W. Hinton State Auditor (404) 656-2174 February 26, 2007 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 237 (LC 18 6004) Dear Chairman O'Neal: This bill would modify the description of equipment qualifying for a sales and use tax exemption. This modification would apply to the sale of certain manufacturing machinery, primary material handling equipment, aircraft engine remanufacturing machinery and equipment, parts, machinery clothing, molds, dies, tooling and air or water pollution eliminating machinery and equipment. The Georgia State University Fiscal Research Center estimates the revenue impact of this legislation would be a reduction in state revenues ranging from $11.70 million in FY 2008 to $11.34 million in FY 2010. The reduction in local government revenues is estimated to range from $8.77 million in FY 2008 to $8.51 million in FY 2010. The Center provided the following analysis of this estimate: This bill would modify the language in the state sales tax exemption for the sale of manufacturing machinery. Under current law, 100 percent of machinery purchased for direct use in the manufacture of tangible personal property is exempt. The proposed bill would change the wording to exempt from the sales tax manufacturing machinery necessary and integral to the manufacture of tangible personal property, not only that machinery used directly in the manufacturing process. The effective date for this modification to the exemption is assumed to be July 1, 2007, impacting revenue for the FY 2008. It is assumed that the major effect of this modification regards machinery purchases considered ancillary to the manufacturing process; therefore, the objective of this analysis is to measure the incremental impact of broadening the wording in the exemption. The impact of this change is largely uncertain as it is not clear what the practical implications of this broader wording will be. Based on certain reasonable assumptions, 10 percent of total capital expenditures is assumed to be subject to the proposed exemption. The estimated state sales tax revenue loss from modifying the wording of the exemption to include machinery necessary and integral to the manufacture of tangible personal property would be $11.70 million in 2008. The local 3420 JOURNAL OF THE SENATE sales tax revenue loss is estimated to be $8.77 million in 2008. According to the 2002 Census of Business, capital expenditures in Georgia's manufacturing industry totaled $3.2 billion in 2002. The average rate of inflation from 2003 to 2006 was 2.4 percent. The change in the size of the manufacturing sector in Georgia is estimated using the change in employment in that sector, which averaged a contraction of 3.90 percent per year from 1999 through 2004. These statistics are applied to the $3.2 billion base in 2002 in order to project capital expenditures in the manufacturing sector through the fiscal year ending in 2010. The following table shows the estimated state and local sales tax revenue loss for the Fiscal Years 2008 through 2010. Fiscal Year End Georgia Manufacturing Capital Expenditures (billions of dollars) 2008 2009 2010 $2.92 bill. $2.88 bill. $2.84 bill. 10% of Total Cap. Ex. Subject to Policy Change $292 mill. $288 mill. $284 mill. (Assumed 10% of Total Capital Expenditures) State Sales Tax Loss $11.70 mill. $11.52 mill. $11.34 mill. Local Sales Tax Loss $8.77 mill. $8.64 mill. $8.51 mill. 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 237: 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 change certain provisions regarding exemptions with respect to the sale of certain manufacturing machinery or equipment, certain primary handling equipment, certain aircraft machinery or equipment, certain parts, machinery clothing, molds, dies, or tooling, and certain air or water pollution eliminating machinery and equipment; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. TUESDAY, APRIL 1, 2008 3421 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by revising paragraphs (34), (34.1), (34.2), (34.3), and (36) as follows: "(34) The sale of the following types of manufacturing machinery: (A) Machinery or equipment which is used directly in necessary and integral to the manufacture of tangible personal property when the machinery or equipment is bought to replace or upgrade machinery or equipment in a manufacturing plant presently existing in this state and machinery or equipment components which are purchased to upgrade machinery used directly in or equipment which is necessary and integral to the manufacture of tangible personal property in a manufacturing plant; (B) Machinery or equipment which is used directly in necessary and integral to the manufacture of tangible personal property when the machinery or equipment is incorporated is used for the first time in a new manufacturing plant located in this state; (C) Machinery or equipment which is used directly in necessary and integral to the manufacture of tangible personal property when the machinery or equipment is incorporated is used as additional machinery or equipment for the first time into in a manufacturing plant presently existing in this state; and (D) Any person making a sale of machinery or equipment for the purpose specified in subparagraph (B) of this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes him with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery or equipment without paying the tax. As a condition precedent to the issuance of the certificate, the commissioner, at his the commissioners discretion, may require a good and valid bond with a surety company authorized to do business in this state as surety or may require legal securities, in an amount fixed by the commissioner, conditioned upon payment by the purchaser of all taxes due under this article in the event it should be determined that the sale fails to meet the requirements of this subparagraph; (34.1)(A) The sale of primary material handling equipment which is used directly for the handling and movement of tangible personal property and racking systems used for the conveyance and storage of tangible personal property in a warehouse or distribution facility located in this state when such equipment is either part of an expansion worth $5 million or more of an existing warehouse or distribution facility or part of the construction of a new warehouse or distribution facility where the total value of all real and personal property purchased or acquired by the taxpayer for use in the warehouse or distribution facility is worth $5 million or more. (B) In order to qualify for the exemption provided for in subparagraph (A) of this paragraph, a warehouse or distribution facility may not make retail sales from such 3422 JOURNAL OF THE SENATE facility to the general public if the total of the retail sales equals or exceeds 15 percent of the total revenues of the warehouse or distribution facility. If retail sales are made to the general public by a warehouse or distribution facility and at any time the total of the retail sales equals or exceeds 15 percent of the total revenues of the facility, the taxpayer will be disqualified from receiving such exemption as of the date such 15 percent limitation is met or exceeded. The taxpayer may be required to repay any tax benefits received under subparagraph (A) of this paragraph on or after that date plus penalty and interest as may be allowed by law.; (34.2)(A) The sale or use of machinery or equipment, or both, which is used directly in the remanufacture of aircraft engines or aircraft engine parts or components in a remanufacturing facility located in this state. For purposes of this paragraph, 'remanufacture of aircraft engines or aircraft engine parts or components' means the substantial overhauling or rebuilding of aircraft engines or aircraft engine parts or components. (B) Any person making a sale of machinery or equipment, or both, for the remanufacture of aircraft engines or aircraft engine parts or components shall collect the tax imposed on the sale by this article unless the purchaser furnishes a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery or equipment without paying the tax; (34.3)(A) The sale or use of repair or replacement parts, machinery clothing or replacement machinery clothing, molds or replacement molds, dies or replacement dies, waxes, and tooling or replacement tooling for machinery used directly in which is necessary and integral to the manufacture of tangible personal property in a manufacturing plant presently existing in this state. (B) The exemption provided for in this paragraph shall apply to that portion of the sales price of each such part, item of machinery clothing, mold, die, or tool which does not exceed $150,000.00. (C) The exemption provided for in this paragraph shall be applicable to all calendar years beginning on or after January 1, 2001, as follows: (i) At the rate of 20 percent of the total sale or use as provided in subparagraph (A) of this paragraph for the calendar year beginning January 1, 2001; (ii) At the rate of 40 percent of the total sale or use as provided in subparagraph (A) of this paragraph for the calendar year beginning January 1, 2002; (iii) At the rate of 60 percent of the total sale or use as provided in subparagraph (A) of this paragraph for the calendar year beginning January 1, 2003; (iv) At the rate of 80 percent of the total sale or use as provided in subparagraph (A) of this paragraph for the calendar year beginning January 1, 2004; and (v) At the rate of 100 percent of the total sale or use as provided in subparagraph (A) of this paragraph for the calendar year beginning January 1, 2005, and for each calendar year thereafter. (D)(B) The commissioner shall promulgate rules and regulations to implement and administer this paragraph;" "(36)(A) The sale of machinery and equipment and any repair, replacement, or TUESDAY, APRIL 1, 2008 3423 component parts for such machinery and equipment which is incorporated into any facility and used for the primary purpose of reducing or eliminating air or water pollution; (B) Any person making a sale of machinery and equipment or repair, replacement, or component parts for such machinery and equipment for the purposes specified in this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes him with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery and equipment or repair, replacement, or component parts for such machinery and equipment without paying the tax;" SECTION 2. (a) This Act shall become effective on January 1, 2009. (b) Tax, penalty, and interest liabilities and refund eligibility under paragraph (34.3) of Code Section 48-8-3 of the Official Code of Georgia Annotated, as amended by Section 1 of this Act, for any period prior to January 1, 2009, shall not be affected by the passage of this Act and shall continue to be governed by the provisions of said paragraph as it existed immediately prior to January 1, 2009. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 E Carter E Chance Chapman Y Cowsert Davenport Y Douglas N Fort Y Goggans Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Schaefer E Seabaugh Y Seay Y Shafer,D Y Smith E Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Thompson,C Thompson,S 3424 JOURNAL OF THE SENATE Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Orrock Y Pearson Y Powell N Ramsey Y Reed Y Rogers E Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 38, nays 6. HB 237, having received the requisite constitutional majority, was passed by substitute. HB 250. By Representatives Maxwell of the 17th, Jones of the 46th, Rogers of the 26th, Casas of the 103rd, Dickson of the 6th and others: A BILL to be entitled an Act to amend Part 10 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to professional standards, so as to revise certain provisions relating to reports of criminal offenses to local boards of education; to revise certain provisions relating to preliminary investigations of violations; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Weber of the 40th. The Senate Education and Youth Committee offered the following substitute to HB 250: A BILL TO BE ENTITLED AN ACT To amend Part 10 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to professional standards, so as to revise certain provisions relating to preliminary investigations of violations; to provide for investigations by commission staff of a complaint by a student against an educator alleging a sexual offense without commission notification; 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 10 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to professional standards, is amended by revising subsection (a) of Code Section 20-2-984.3, relating to preliminary investigations of violations, as follows: "(a) Upon receipt of a written request from a local board, the state board, or one or more individual residents of this state, the commission shall be authorized to TUESDAY, APRIL 1, 2008 3425 investigate: (1) Alleged violations by an educator of any law of this state pertaining to educators or the profession of education; (2) Alleged violations by an educator of the code of ethics of the commission; (3) Alleged violations by an educator of rules, regulations, or policies of the state board or the commission; (4) Complaints alleging a failure by an educator to meet or comply with standards of performance of the commission or the state board; or (5) Complaints alleging that an educator has been convicted of any felony, or of any crime involving moral turpitude, of any other criminal offense involving the manufacture, distribution, trafficking, sale, or possession of a controlled substance or marijuana as provided for in Chapter 13 of Title 16, or of any other sexual offense as provided for in Code Section 16-6-1 through 16-6-17, 16-6-20, 16-6-22.2, or 16-12100 in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph, the term 'convicted' shall include a finding or verdict of guilty or a plea of nolo contendere, regardless of whether an appeal of the conviction has been sought; a situation where first offender treatment without adjudication of guilt pursuant to the charge was granted; and a situation where an adjudication of guilt or sentence was otherwise withheld or not entered on the charge or the charge was otherwise disposed of in a similar manner in any jurisdiction." SECTION 2. Said part is further amended by adding a new subsection to Code Section 20-2-984.3, relating to preliminary investigations of violations, to read as follows: "(d) Notwithstanding the requirements of this Code section, the staff of the commission shall be authorized, without notification to the commission, to immediately open an investigation submitted to the commission by a local school superintendent, with approval of the local board of education, of a complaint by a student against an educator alleging a sexual offense, as provided for in Code Sections 16-6-1 through 166-17, 16-6-20, 16-6-22.2, or 16-12-100." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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: 3426 JOURNAL OF THE SENATE Y Adelman Y Balfour Y Brown Y Bulloch Y Butler E Carter E Chance Chapman Y Cowsert Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer E Seabaugh Y Seay Y Shafer,D Y Smith E Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 46, nays 0. HB 250, having received the requisite constitutional majority, was passed by substitute. Senator Wiles of the 37th asked unanimous consent to suspend the Senate Rules to read a committee report. There was no objection. 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 552 SB 558 Do Pass Do Pass Respectfully submitted, Senator Wiles of the 37th District, Chairman TUESDAY, APRIL 1, 2008 3427 The following local, uncontested legislation, favorably reported by the committee as listed on the Supplemental Local Consent Calendar, was put upon its passage: SENATE SUPPLEMENTAL LOCAL CONSENT CALENDAR Tuesday, April 1, 2008 Thirty-eighth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 552 Hudgens of the 47th CITY OF DANIELSVILLE A BILL to be entitled an Act to amend an Act creating a new charter for the City of Danielsville, approved March 27, 1998 (Ga. L. 1998, p. 3632), as amended, so as to change provisions relating to administrative and service departments; to provide for changes to the effective date of removal of directors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 558 Schaefer of the 50th BANKS COUNTY A BILL to be entitled an Act to amend an Act creating a board of commissioners for Banks County, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 3058), an Act approved March 21, 1970 (Ga. L. 1970, p. 3297), and an Act approved March 15, 1988 (Ga. L. 1988, p. 3999), so as to provide for an increase in the number of members of the board; to provide for the election of members of the board; to provide for related matters; to provide for a referendum; to provide for contingent effective dates; 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 Heath Y Henson Y Hill,Jack Y Schaefer E Seabaugh Y Seay 3428 JOURNAL OF THE SENATE Y Bulloch Y Butler E Carter E Chance Chapman Y Cowsert Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Shafer,D Y Smith E Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the local legislation, the yeas were 46, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: HB 1244. By Representatives Martin of the 47th and Drenner of the 86th: A BILL to be entitled an Act to amend Code Section 48-7-29.11 of the Official Code of Georgia Annotated, relating to income tax credits for teleworking, so as to extend the period of time for which such credits are granted; to change the amount of certain credits; to change certain reporting requirements; to provide an effective date; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 1244 by striking line 6 of page 1 and inserting in its place the following: "reporting requirements; to provide for effective dates; to provide for a contingency and applicability; to provide for automatic repeal under certain circumstances; to repeal" By striking "2008" and inserting in its place "2011" on line 16 of page 1. By striking "2008" and inserting in its place "2011" on line 2 of page 3. TUESDAY, APRIL 1, 2008 3429 By striking "2009" and inserting in its place "2012" on line 3 of page 3. By striking "2009" and inserting in its place "2012" on line 11 of page 4. By striking "2010" and inserting in its place "2013" on line 12 of page 4. By striking "2010" and inserting in its place "2013" on line 20 of page 5. By striking "2011" and inserting in its place "2014" on line 21 of page 5. By striking "2011" and inserting in its place "2014" on line 11 of page 7. By striking "2012" and inserting in its place "2015" on line 12 of page 7. By striking "2012" and inserting in its place "2015" on line 20 of page 8. By striking line 28 of page 11 and inserting in its place the following: (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 2008. (b) Section 1 of this Act shall become effective on January 1, 2009, and shall be applicable to all taxable years beginning on or after January 1, 2009; provided, however, that Section 1 of this Act shall only become effective on January 1, 2009, upon the ratification of a resolution at the November, 2008, state-wide general election, which resolution amends the Constitution so as to provide comprehensive ad valorem tax reform pursuant to The Property Tax Reform Amendment. If such resolution is not so ratified, Section 1 of this Act shall not become effective and shall stand repealed in its entirety on January 1, 2009. Senator Rogers of the 21st offered the following amendment #1: Amend the House amendment (AM 18 1453) to the Senate substitute by striking line 1 of page 1 through line 2 of page 2 and inserting in their place the following: Amend the Senate substitute to HB 1244 by striking line 28 of page 11 and inserting in its place the following: This Act shall become effective on July 1, 2008. Senator Rogers of the 21st moved that the Senate agree to the House amendment to the Senate substitute to HB 1244 as amended by the Senate. On the motion, a roll call was taken and the vote was as follows: 3430 JOURNAL OF THE SENATE Y Adelman Y Balfour N Brown Y Bulloch N Butler Y Carter Y Chance Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Powell N Ramsey Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas,D N Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 39, nays 10; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1244 as amended by the Senate. The following resolution was taken up to consider House action thereto: HR 1246. By Representatives Richardson of the 19th, O`Neal of the 146th and Ehrhart of the 36th: A RESOLUTION proposing an amendment to the Constitution so as to provide for tax relief from ad valorem property taxes; to provide for a short title; to authorize additional tax relief including the elimination of ad valorem property taxes for educational purposes; to provide for optional homeowners incentive adjustments; to authorize the limited amending of conflicting local constitutional amendments; to provide for the automatic repeal of The Property Tax Reform Amendment unless specifically continued by general law; to provide for the revival and restoration of certain prior general and local constitutional provisions; to provide for the repeal of such provisions; to provide for procedures; to provide for effective dates; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The House amendment to the Senate substitute was as follows: TUESDAY, APRIL 1, 2008 3431 Amend the Senate substitute to HR 1246 by striking line 1 of page 1 through line 8 of page 7 and inserting in their place the following: Proposing an amendment to the Constitution so as to provide for ad valorem tax reform; to provide for a short title; to authorize certain ad valorem tax exemptions for certain personal motor vehicles; to provide for certain local government assistance grants; to freeze the valuation of residential and nonresidential real property except for certain adjustments; to provide for ratification of certain exemptions and assessment freezes which were previously enacted; to provide for applicability; 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 Property Tax Reform Amendment." SECTION 2. Article VII, Section I of the Constitution is amended by revising Paragraph III and by adding a new Paragraph to read as follows: "Paragraph III. Uniformity Applicability of uniformity; exceptions; classification of property; assessment of agricultural land; conservation use; timber; utilities. (a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (b), (b.1), (c), (d), and (e) of this Paragraph and Paragraph IV of this section, all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. (b)(1) Except as otherwise provided in this subparagraph (b) Paragraph, classes of subjects for taxation of property shall consist of residential and nonresidential real property, other tangible property, and one or more classes of intangible personal property including money; provided, however, that any taxation of intangible personal property may be repealed by general law without approval in a referendum effective for all taxable years beginning on or after January 1, 1996. (2) Subject to the conditions and limitations specified by law, each of the following types of property may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such properties: (A) Trailers. (B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation. (C) Heavy-duty equipment motor vehicles owned by nonresidents and operated in this state. (3)(b.1)(1) Motor vehicles may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses 3432 JOURNAL OF THE SENATE for ad valorem purposes. (2) The General Assembly may provide by general law for the ad valorem taxation of motor vehicles including, but not limited to, providing for different rates, methods, and assessment dates, and taxpayer liability for such class and for each of its subclasses and need not provide for uniformity of taxation with other classes of property or between or within its subclasses. (3) The General Assembly shall provide by general law for the exemption of all ad valorem taxes otherwise due upon qualified motor vehicles. Such general law shall provide an exemption in the amount of 50 percent of the assessed value of all qualified motor vehicles for the period beginning July 1, 2009, and ending on June 30, 2010, and an exemption in the amount of the full assessed value of all qualified motor vehicles for each 12 month period thereafter. Such general law shall define a qualified motor vehicle as a motor vehicle titled in the name of an individual natural person who is a United States citizen and a Georgia resident and may include further limitations and qualifications. Such general law shall provide for local government assistance grants to counties, municipalities, and county and independent school districts to offset revenue loss subject to such limitations as may be imposed by the General Assembly. (4) The General Assembly may also determine what portion of any ad valorem tax on motor vehicles shall be retained by the state. (5) As used in this subparagraph, the term 'motor vehicles' means all vehicles which are self-propelled and designed for use on roads and highways. (c) Tangible Subject to the limitations of Paragraph IV of this section, tangible real property, but no more than 2,000 acres of any single property owner, which is devoted to bona fide agricultural purposes shall be assessed for ad valorem taxation purposes at 75 percent of the value which other tangible real property is assessed. No property shall be entitled to receive the preferential assessment provided for in this subparagraph if the property which would otherwise receive such assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock ownership, receiving the benefit of such preferential assessment as to more than 2,000 acres. No property shall be entitled to receive the preferential assessment provided for in this subparagraph unless the conditions set out below are met: (1) The property must be owned by: (A)(i) One or more natural or naturalized citizens; (ii) An estate of which the devisee or heirs are one or more natural or naturalized citizens; or (iii) A trust of which the beneficiaries are one or more natural or naturalized citizens; or (B) A family-owned farm corporation, the controlling interest of which is owned by individuals related to each other within the fourth degree of civil reckoning, or which is owned by an estate of which the devisee or heirs are one or more natural or naturalized citizens, or which is owned by a trust of which the beneficiaries are one or more natural or naturalized citizens, and such corporation derived 80 percent or TUESDAY, APRIL 1, 2008 3433 more of its gross income from bona fide agricultural pursuits within this state within the year immediately preceding the year in which eligibility is sought. (2) The General Assembly shall provide by law: (A) For a definition of the term 'bona fide agricultural purposes,' but such term shall include timber production; (B) For additional minimum conditions of eligibility which such properties must meet in order to qualify for the preferential assessment provided for herein, including, but not limited to, the requirement that the owner be required to enter into a covenant with the appropriate taxing authorities to maintain the use of the properties in bona fide agricultural purposes for a period of not less than ten years and for appropriate penalties for the breach of any such covenant. (3) In addition to the specific conditions set forth in this subparagraph (c), the General Assembly may place further restrictions upon, but may not relax, the conditions of eligibility for the preferential assessment provided for herein. (d)(1) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property which is listed in the National Register of Historic Places or in a state historic register authorized by general law. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the preservation of such historic properties and to assist in the revitalization of historic areas. (2) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property on which there have been releases of hazardous waste, constituents, or substances into the environment. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the cleanup, reuse, and redevelopment of such properties and to assist in the revitalization thereof by encouraging remedial action. (e) The Subject to the limitations of Paragraph IV of this section, 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 3434 JOURNAL OF THE SENATE fide conservation use or bona fide residential transitional use; 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; (2) That standing timber shall be assessed only once, and such assessment shall be made following its harvest or sale and on the basis of its fair market value at the time of harvest or sale. Said assessment shall be two and one-half times the assessed percentage of value fixed by law for other real property taxed under the uniformity provisions of subparagraph (a) of this Paragraph but in no event greater than its fair market value; and for a method of temporary supplementation of the property tax digest of any county if the implementation of this method of taxing timber reduces the tax digest by more than 20 percent, such supplemental assessed value to be assigned to the properties otherwise benefiting from such method of taxing timber. (f) The Subject to the limitations of Paragraph IV of this section, the General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c), (d), or (e) of this Paragraph. Paragraph IV. Limitations on assessed value increases for real property. (a)(1) Except as otherwise provided in this Paragraph, the assessed value of residential real property and nonresidential real property for all ad valorem tax purposes shall not be increased from the valuation established for 2008, or, upon its sale or transfer, shall not be increased from its fair market value established under subparagraph (a)(2) of this Paragraph. Additions or improvements to such residential real property and nonresidential real property placed in service after December 31, 2007, shall be appraised for ad valorem tax purposes at their fair market value and shall be added to the owners valuation amount under this subparagraph. (2) If such residential real property or nonresidential real property is sold or transferred to another person, such residential real property or nonresidential real property shall be appraised for ad valorem tax purposes at fair market value. (3) The valuation amount under this subparagraph for any individual parcel of residential real property may be increased during a taxable year by an amount not to exceed a 2 percent increase in the preceding taxable years value. The valuation amount under this subparagraph for any individual parcel of nonresidential real property may be increased during a taxable year by an amount not to exceed a 3 percent increase in the preceding taxable years value. (b) The General Assembly shall be authorized by general law to further define and implement the provisions of this Paragraph including, but specifically not limited to, definitions of residential real property and nonresidential real property. (c) Any local or general law providing for base year assessed value homestead exemptions that freeze the assessment of property with respect to any or all ad valorem taxes enacted prior to January 1, 2009, shall be ratified expressly; provided, however, that such ratification shall not be interpreted to imply that such laws were invalid at the TUESDAY, APRIL 1, 2008 3435 time they became law. The provisions of this Paragraph shall not apply to any homesteads ad valorem taxes which are the subject of any such general or local law exemption unless such general law or local law is repealed. (d) This Paragraph shall not apply to real property in any county or consolidated government for which a local constitutional amendment has been continued in force and effect as part of this Constitution which freezes ad valorem property taxes with respect to such real property unless such local constitutional amendment is repealed. (e) This Paragraph shall not apply to real property in any county or any county school district for which a local constitutional amendment has been continued in force and effect as part of this Constitution which imposes millage rate limitations regarding ad valorem property taxes with respect to such real property unless such local constitutional amendment is repealed." SECTION 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall Georgias property tax system be comprehensively reformed by eliminating all property taxes on personal motor vehicles and freezing the tax assessed value of all real property as set forth in The Property Tax Reform Amendment through an amendment to the Constitution of the State of Georgia?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Senator Rogers of the 21st requested a ruling of the Chair as to the germaneness of the House amendment to the Senate substitute to HR 1246. The President ruled the amendment not germane. Pursuant to Senate Rule 7-1.10(b), the Senate disagreed to the House amendment to the Senate substitute to HR 1246. Senator Jones of the 10th was excused for business outside the Senate Chamber. The Calendar was resumed. HB 255. By Representatives Bridges of the 10th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 47-1-20 of the Official 3436 JOURNAL OF THE SENATE Code of Georgia Annotated, relating to definitions, so as to expand the definition of the term "public employment related crime"; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Heath of the 31st. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 February 13, 2008 The Honorable Ben Bridges, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to House Bill 255 (LC 21 9704S) Dear Chairman Bridges: This substitute bill would amend general provisions relating to restrictions and prohibitions on membership in public retirement or pension systems. Specifically, this bill would expand the definition of the term "public employment related crime" to include any felony offense related to the person's public employment in Georgia, as provided under the laws of this State, any other state, or the United States. Under the general provisions of Title 47, any member of any public retirement system that is convicted of a "public employment related crime", while in the capacity of a public employee, must be terminated as a member of his or her respective retirement system. These provisions would apply to persons who first or again become members of a public retirement system on or after July 1, 2008. Additionally, this substitute bill would provide for certain notifications of a conviction of TUESDAY, APRIL 1, 2008 3437 any person for a "public employment related crime." Upon conviction, the prosecuting attorney would be required to notify the defendant's former employer and any public retirement system in which he or she knows the convicted public employee to be an active, inactive, or retired member. Once the retirement system is notified, the person's membership rights, privileges, and benefits shall be terminated immediately. 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 The Senate Retirement Committee offered the following substitute to HB 255: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to restrictions and prohibitions on membership in public retirement or pensions systems, so as to define certain terms; to expand the definition of the term "public employment related crime"; to provide for notification of a conviction; to provide that a member of any such retirement or pension system who is convicted of a public related crime shall forfeit retirement or pension benefits in an amount equal to three times the economic impact of the crime; to provide for an administrative hearing to determine the economic impact of any such crime; 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 47 of the Official Code of Georgia Annotated, relating to restrictions and prohibitions on membership in public retirement or pensions systems, is amended by adding a new paragraph to Code Section 47-1-20, relating to definitions, to read as follows: "(1.2) 'Economic impact of a public related crime' means the total of the economic gain to the perpetrator of an employment related crime and the economic loss to the public entity." SECTION 2. Said article is further amended by revising paragraph (6) of Code Section 47-1-20, relating to definitions, as follows: "(6) 'Public employment related crime' means any one or more of the following 3438 JOURNAL OF THE SENATE crimes: (A) Theft as provided in any one or more of Code Sections 16-8-2 through 16-8-9 when the theft is by an officer or employee of a government in breach of duties as such officer or employee and conviction for such crime is punishable under paragraph (3) of subsection (a) of Code Section 16-8-12; (B) Any felony provided for in Article 1 of Chapter 10 of Title 16, relating to abuse of governmental office; (C) Making false statements or concealing facts in matters within the jurisdiction of the state or a political subdivision as provided in Code Section 16-10-20; (D) Conspiracy to defraud the state or a political subdivision as provided in Code Section 16-10-21; (E) Stealing, altering, or concealing public records as provided in Code Section 4511-1; and (F) Selling offices or dividing fees as provided in Code Section 45-11-2; and (G) Any felony conviction for any of the crimes specified in subparagraphs (A) through (E) of this paragraph under the laws of any other state or the United States; provided, however, that the provisions of this subparagraph shall apply to persons who first or again become members of a public retirement system on or after July 1, 2008." SECTION 3. Said article is further amended by revising subsection (b) of Code Section 47-1-22, relating to forfeiture of rights and benefits by public employees after July 1, 1985, for committing public employment related crimes and reimbursement of contributions, as follows: "(b) If a public employee commits a public employment related crime in the capacity of a public employee and is convicted for the commission of such crime, upon final conviction such employee shall forfeit all rights and benefits under and membership in any public retirement system in which the employee is a member, effective on the date of final conviction. Any such public employee shall not at any time after such final conviction be eligible for membership in any public retirement system. Any employee contributions made by any such public employee to any public retirement system during membership in the public retirement system shall be reimbursed, without interest, to the public employee within 60 days after the date of final conviction for the commission of a public employment related crime persons benefits under a public retirement or pension system, including any survivors benefits if applicable, shall be reduced by an amount equal to three times the economic impact of the crime, as determined pursuant to the provisions of Code Section 47-1-25. Payment of such benefits shall cease until such amount has been forfeited, after which benefits shall be restored. If the person has not begun to receive a benefit, the deduction shall commence at the time such benefits would normally begin. For purposes of this subsection, the term 'benefit' shall not include a refund of employee contributions without interest." TUESDAY, APRIL 1, 2008 3439 SECTION 4. Said article is further amended by adding a new Code section to read as follows: "47-1-22.2. Upon the final conviction of any person for a public employment related crime, the prosecuting attorney shall so notify the defendants former public employer and any public retirement system in which he or she knows the convicted public employee to be an active, inactive, or retired member. Upon such notification, the public employer shall also notify any such public retirement system." SECTION 5. Said article is further amended by adding a new Code section to read as follows: "47-1-25. Within 30 days following the day the board of trustees receives notice that a member of the retirement system has been convicted of an employment related crime, the board shall initiate proceedings in the Office of State Administrative Hearings, under the provisions of Article 2 of Chapter 13 of Title 50, to determine the economic impact of the employment related crime. Such matter shall be deemed to be a contested case within the meaning of such article. The Department of Law shall represent the board of trustees in such proceedings. The decision of the administrative law judge shall be final unless appeal is made as otherwise provided by law." SECTION 6. 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 27, 2008 The Honorable Bill Heath, Chairman Senate Retirement Committee State Capitol, Room 109 Atlanta, Georgia 30334 3440 JOURNAL OF THE SENATE SUBJECT: State Auditor's Certification Substitute to House Bill 255 (LC 21 9925S) Dear Chairman Heath: This substitute bill would amend general provisions relating to restrictions and prohibitions on membership in public retirement or pension systems. Specifically, this bill would expand the definition of the term `public employment related crime' to include any felony offense related to the person's public employment in Georgia, as provided under the laws of this State, any other state, or the United States. This expanded definition would only apply to persons who first or again become members of a public retirement system on or after July 1, 2008. This substitute bill would also amend the provisions relating to penalties imposed on employees who are convicted of `public employment related crimes.' Currently, employees convicted of such crimes forfeit all rights and benefits under and membership in any public retirement system in which the employee is a member. If this substitute bill is enacted, employees who are convicted of a `public employment related crime' would have their benefits, including any survivor's benefits if applicable, reduced by an amount equal to three times the economic impact of the crime. Employees would not receive any benefits until such amount has been forfeited. If an employee has not begun receiving retirement benefits, the deduction shall commence at the time such benefits would normally begin. This substitute bill provides that `benefits' shall not include a refund of employee contributions without interest. Additionally, this substitute bill would provide for certain notifications of a conviction of any person for a `public employment related crime.' Upon conviction, the prosecuting attorney would be required to notify the defendant's former employer and any public retirement system in which he or she knows the convicted public employee to be an active, inactive, or retired member. Finally, this substitute bill defines `economic impact of a public related crime' to mean the total of the economic gain to the perpetrator of an employment related crime and the economic loss to the public entity. This bill then specifies that an administrative law judge within the Office of State Administrative Hearings would be responsible for determining the economic impact of the crime. Under the provisions of this bill, the respective board of trustees must initiate such hearing no later than 30 days after receiving notification of an employee's conviction. This is to certify that this substitute bill is a nonfiscal bill as defined in the Public Retirement Systems Standards Law. TUESDAY, APRIL 1, 2008 3441 Respectfully, /s/ Russell W. Hinton State Auditor On the adoption of the substitute, there were no objections, 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 Carter Y Chance Chapman Y Cowsert Y Davenport Douglas Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson E Jones Y Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas,D N Thomas,R Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 43, nays 6. HB 255, having received the requisite constitutional majority, was passed by substitute. HB 272. By Representatives Lewis of the 15th, Stephens of the 164th, Martin of the 47th, Ralston of the 7th, Williams of the 4th 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 a phased-in exemption with respect to state sales and use tax 3442 JOURNAL OF THE SENATE for the sale of natural or artificial gas, electricity, or any other energy used directly or indirectly in the manufacture or processing of tangible personal property; 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 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 February 28, 2008 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 272 Substitute (LC 18 7226S) Dear Chairman O'Neal: The Georgia State University Fiscal Research Center provided the following description of this bill and analysis of its fiscal impact: This legislation would put in place a temporary exemption from state sales and use tax on a portion of the expenditures on energy used directly or indirectly in the manufacture or processing of tangible personal property in a manufacturing plant. This partial exemption would become effective on July 1, 2008 and would expire on December 31, 2010. This partial exemption would not apply to local sales and use tax. The energy commodities which would be covered by this exemption are natural or artificial gas, No. 2 fuel oil, No. 6 fuel oil, propane, coal and electricity. The exemption TUESDAY, APRIL 1, 2008 3443 would apply only to a portion of the expenditures on each product. The table below identifies the rules regarding exemptions for each fuel included in the exemption. Natural or Artificial Gas No. 2 Fuel Oil No. 6 Fuel Oil Propane Coal Electricity First $7.60 per DT is not exempt. First $2.48 per gallon is not exempt. First $1.72 per gallon is not exempt. First $1.44 per gallon is not exempt. First $57.90 per ton is not exempt. First 3.44 cents per kwh of the fuel cost recovery charge is not exempt. The exemption would cover direct and indirect use of energy in manufacturing and specifically manufacturing plants. Data on industrial energy consumption in Georgia was used as the basis for developing the revenue impact of the estimate. This data is reported by the Energy Information Administration (EIA) of the U.S. Department of Energy. In addition, Georgia GDP data indicate that manufacturing makes up about 60.4% of the industrial sector. There are several key uncertainties that will influence the revenue impact of this legislation. First, the impact depends on the future trends in energy commodity prices and the fuel cost recovery component of electric fuel prices. Second, the impact will depend upon the business process taxpayers use to manage energy supplies. One example would be a customer that buys a delivered service in which the full delivered price is subject to state sales tax. The other extreme would be represented by a taxpayer that purchases fuel at the point of origin and then purchases transportation services to achieve delivery to its site or sites in Georgia. For these taxpayers, only the purchase of the energy commodity would be subject to the exemption under this legislation. No data was found to determine the amount of energy supply purchased by processors of tangible personal property under these differing business processes. Finally, the fuel cost recovery charge imposed by electric utilities consists of both estimated costs of fuel used to generate electricity and amortization of accumulated past differences between actual fuel costs and estimated costs. Georgia Power Co.'s current fuel cost recovery charge includes charges for past under collections. These additional charges are due to expire in March 2008. The table below summarizes the analysis. Energy consumption is based on 2004 reported levels. The analysis where applicable is based on both point of origin prices and delivered prices. Point of origin prices are based on prices from the Energy Information Administration. Point of origin is not appropriate for the electricity component since customers buy a delivered service in Georgia. For delivered price analysis, EIA data on delivered prices of each fuel are used. If delivered prices in Georgia were unavailable, data for other nearby states was used. For coal, the delivered price to industrial users in 3444 JOURNAL OF THE SENATE 2006 was used; this is the most recent published price found for delivered prices. Georgia Power Co.'s current fuel cost recovery rate for transmission customers was used as the price of electricity to manufacturing plants. Projecting forward for FY 2009, FY 2010 and the first half of FY 2011, it is assumed that fuel consumption is flat but prices rise by 5% in each year. For the electricity fuel cost recovery charge, escalation was assumed to equal 3%. The tables below summarize the expected impact by fiscal year. FY 2009 FY 2010 TUESDAY, APRIL 1, 2008 3445 Fue l Na tura l G a s ($/ dt) # 2 fue l o il ($/ g a l) # 6 fue l o il ($/ g a l) Pro pa ne ($/ g a l) C o a l ($/ to n) Ele c tric ity (C / kwh o f fc r) FY2011 Estim a te d C o nsum ptio n 100,400,000 3,776,824 1,717,830 1,016,684 1,247,166 21,658,851,114 Units DT Gal Gal Gal to n kwh Pric e @ O rig in 7.174 2.75 1.815 1.621 60.88 0 De live re d Pric e 10.203 2.746 1.79 2.19 97.067 0.039 Cap Pric e 7.60 2.48 1.72 1.44 57.90 0.0344 To ta l Ta xa ble Expe nditure s Sta te Sa le s Ta x Lo ss Expe nditure s a bo ve C a p O rig in De live re d Pric e Pric e - 130,670,600 509,871 502,318 81,597 60,124 92,010 381,257 1,858,277 24,423,866 - 49,815,358 2,541,755 205,853,522 101,670 8,234,141 As shown, the estimated loss in state revenue is highly sensitive to the extent to which these taxpayers currently manage their fuel supplies independently. If all affected taxpayers are currently relying on delivered services, the loss would equal $8.7 million in FY 2009, $12.5 million in FY 2010 and $8.2 million for six months of FY 2011. If all taxpayers are currently purchasing energy commodities at the point of origin, the revenue loss would be negligible in all fiscal years. Note that these estimates are also highly sensitive to the relationship between commodity prices and the caps set in the legislation. Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget The Senate Finance Committee offered the following substitute to HB 272: 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 a partial exemption for a limited period of time from state sales and use tax only with respect to the sale or use of natural or artificial gas, No. 2 fuel oil, No. 6 fuel oil, propane, petroleum coke, and coal used directly or indirectly in the manufacture or processing, in a manufacturing plant located in this state, of tangible personal property primarily for resale, and the fuel cost recovery component of retail electric rates used directly or indirectly in the manufacture or processing of tangible personal property primarily for resale; to provide an effective date; to repeal conflicting laws; and for other purposes. 3446 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, is amended by adding a new paragraph to read as follows: "(70.1)(A) For the period commencing July 1, 2008, and concluding on December 31, 2010, the sale of natural or artificial gas, No. 2 fuel oil, No. 6 fuel oil, propane, petroleum coke, and coal used directly or indirectly in the manufacture or processing, in a manufacturing plant located in this state, of tangible personal property primarily for resale, and the fuel cost recovery component of retail electric rates used directly or indirectly in the manufacture or processing, in a manufacturing plant located in this state, of tangible personal property primarily for resale. (B) The exemption provided for in subparagraph (A) of this paragraph shall not apply to the first $7.60 per decatherm of the sales price or cost price of natural or artificial gas, the first $2.48 per gallon of the sales price or cost price of No. 2 fuel oil, the first $1.72 per gallon of the sales price or cost price of No. 6 fuel oil, the first $1.44 per gallon of the sales price or cost price of propane, the first $57.90 per ton of petroleum coke, the first $57.90 per ton of coal, or the first 3.44 per kilowatt hour of the fuel cost recovery component of retail electricity rates whether such fuel recovery charges are charged separately or are embedded in such electric rates. Dealers with such embedded rates may exempt from the electricity sales upon which the sales tax is calculated no more than the amount, if any, by which the fuel cost recovery charge approved by the Georgia Public Service Commission for transmission customers of electric utilities regulated by the Georgia Public Service Commission exceeds 3.44 per kilowatt hour. (C)(i) For the purposes of this paragraph, 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'; by or pursuant to Article 2, 2A, 3, or 4 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (D) Any person making a sale of items qualifying for exemption under subparagraph (A) of this paragraph shall be relieved of the burden of proving such qualification if the person receives in good faith a certificate from the purchaser certifying that the purchase is exempt under this paragraph. (E) Any person who qualifies for this exemption shall notify and certify to the person making the qualified sale that this exemption is applicable to the sale;" SECTION 2. This Act shall become effective on July 1, 2008. TUESDAY, APRIL 1, 2008 3447 SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 N Butler Y Carter Y Chance Y Chapman Y Cowsert N Davenport Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson E Jones Y Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams On the passage of the bill, the yeas were 47, nays 4. HB 272, having received the requisite constitutional majority, was passed by substitute. HB 670. By Representative Sims of the 169th: 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 wood residuals; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the commissioner of natural resources with respect to the foregoing; to provide an 3448 JOURNAL OF THE SENATE effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. 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 11, 2008 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 670 (LC 18 6270) Dear Chairman O'Neal: This bill would provide an income tax credit to a taxpayer who transports wood residuals to a business establishment retaining a solid waste permit for the purposes of recycling the material. The amount of the credit would be based upon vouchers provided to the taxpayer by the solid waste disposal permittee, as calculated and certified by the Department of Natural Resources (DNR). The Georgia State University Fiscal Research Center (FRC) provided varying estimates of fiscal impact depending on the category of wood waste. The FRC provided the following analysis: LC 18 6270 will amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated and provide an income tax credit with respect to wood residuals. The proposal defines `wood residuals' as "wood residuals that are supplied to a business establishment retaining a solid waste permit for the purposes of recycling so that such material may be used to create energy or be used for marketable reuse." A taxpayer who hauls or TUESDAY, APRIL 1, 2008 3449 transports wood residuals will be allowed an income tax credit `in an amount not to exceed the actual amount certified by the Department of Natural Resources.' The certification is based on vouchers from the solid waste permittee to the taxpayer. "The Department of Natural Resources shall calculate and attribute a dollar value to such wood residuals." The tax credit cannot exceed the individual's income tax liability. Further, the credit cannot be applied to previous years' tax liability, however it can be applied to future tax years. The proposal also allows any tax credits earned to be transferred or sold in whole to another Georgia taxpayer under certain conditions. To estimate the impact of this legislation, wood waste data from Engineering Outreach at the University of Georgia was used as a starting point to estimate the amount of wood residuals Georgia may produce in a given year. According to the executive summary 25.5 million tons of wood waste are produced each year in Georgia. The data collected are only available for one year. The Environmental Protection Agency reports that the United States recycles 32.5 percent of all waste produced. It is assumed that Georgia also recycles 32.5 percent of all waste including wood waste. Wood residuals will be estimated using this recycling rate. At this time the Department of Natural Resources has not decided on how it will calculate and attribute a dollar value to wood residuals referred to in LC 18 6270. Timber Mart South, Inc. and Daniel B. Warnell School of Forest Resources at the University of Georgia publish data on timber prices for the South in a quarterly report. In the second quarter of 2007 wood product prices range from a high of $36.14 per ton for pine sawtimber to $5.97 per ton for hardwood pulpwood. Because wood residuals are basically waste that would not be used in the wood market, for one reason or another, it is most likely the case that wood residuals will cost less than the lower bound for wood products. Therefore, the value assessed to estimated wood residuals is $5.97 per ton for hardwood pulpwood. It must be noted that this estimation may overstate the actual assessed value of wood residuals by the Department of Natural Resources. Wood residuals are estimated by taking the product of the 2007 recycling rate (32.5 percent) for the United States for all waste produced and the total wood waste data collected from Engineering Outreach at the University of Georgia. Note that there are two categories of wood waste; wood waste generated and wood waste available. It is unclear from the executive report and the data as to what wood waste available means. It may be the case that wood waste available is the amount of wood available for other uses since the executive summary reports that primary wood industries reuse 99 percent of their own wood waste. For this reason an estimate of wood residuals and the resulting tax revenue loss is also calculated excluding primary wood industries. Estimated wood residuals (including primary markets) are more than 8.5 million tons for wood waste generated. Using wood waste available, wood residuals are only 837,789 tons. This results in an estimated tax revenue loss of about $50.9 million and $5 million respectively. When excluding primary wood industries, wood residuals are 837,200 for wood waste generated and 761,295 for wood waste available. The tax revenue loss for 3450 JOURNAL OF THE SENATE wood residuals excluding primary wood industries reduces to about $5.2 million for wood waste generated and $4.5 million for wood waste available. Again, these estimates use the lowest average market price for wood in the South which may overstate the actual tax revenue loss because the Department of Natural Resources may calculate the value of wood residuals at a much lower value. Tax Revenue Loss Estimated Wood Tot al Wood Estimated Wood Residuals Waste (tons/year) Residuals1 (Excluding Primary Wood Waste)1 Estimated Tax Revenue Loss2 Estimated Tax Revenue Loss (Excluding Primary Wood Waste)2 Wood Waste Generated 26,223,395 8,522,603 873,200 $50,879,940 $5,213,004 Wood Waste Available 2,577,812 837,789 761,295 $5,001,600 $4,544,931 1 Assuming Georgia Recycles as much as the U.S. in 2007 2 Assumes that the Department of Natural Resources will calculate and attribute the lowest price for wood products in the market, currently at $5.97 per ton According to the Department of Natural Resources (DNR), the fiscal impact of this bill would total about $767,000. This includes annual costs of about $681,000 for eleven additional staff in the Wildlife Resources and Environmental Protection Divisions and affiliated travel and overhead costs. The remaining $86,000 is comprised of computer hardware for the additional staff as well as three additional vehicles. The Wood Resources Division does not currently have the expertise to place economic value on wood fiber and the Environmental Protection Division would have to create a new voucher system for tracking and providing totals to the Department of Revenue (DOR) for verification of tax credits. According to DNR, the Georgia Forestry Commission currently administers timber sales for DNR. The estimated cost to the DOR to implement the provisions of this bill would be $20,500, with a cost of $1,000 each following year. This cost includes information technology system changes to update the individual tax system and other databases for a one-time cost of $19,500. The ongoing cost of $1,000 would include processing staff time and form maintenance. Respectfully, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget TUESDAY, APRIL 1, 2008 3451 The Senate Finance Committee offered the following substitute to HB 670: 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 revise and change certain provisions regarding state income tax; to provide for income tax credits for wood residuals diverted or transported to renewable biomass qualified facilities for a limited period of time; to provide for income tax credits for clean energy property for a limited period of time; to provide for an income tax deduction for high deductible health plans established and used with a health savings account; to provide for an income tax credit for certain employers who provide high deductible health plans established and used with a health savings account; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the Georgia Forestry Commission with respect to the foregoing; 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 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 to read as follows: "48-7-29.13. (a) As used in this Code section, the term: (1) 'Authority' means the Georgia Environmental Facilities Authority. (2) 'Business property' means tangible personal property that is used by the taxpayer in connection with a business or for the production of income and is capitalized by the taxpayer for federal income tax purposes. The term does not include, however, a luxury passenger automobile taxable under Section 4001 of the Internal Revenue Code or a watercraft used principally for entertainment and pleasure outings for which no admission is charged. (3) 'Clean energy property' includes any of the following: (A) Solar energy equipment that uses solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, daylighting, generating electricity, distillation, desalinization, or the production of industrial or commercial process heat, as well as related devices necessary for collecting, storing, exchanging, conditioning, or converting solar energy to other useful forms of energy; (B) Energy Star certified geothermal heat pump systems; (C) Energy efficient projects as follows: (i) Lighting retrofit projects. 'Lighting retrofit project' means a lighting retrofit 3452 JOURNAL OF THE SENATE system that employs dual switching (ability to switch roughly half the lights off and still have fairly uniform light distribution), delamping, daylighting, relamping, or other controls or processes which reduce annual energy and power consumption by 30 percent compared to the American Society of Heating, Refrigerating, and Air Conditioning Engineers 2004 standard (ASHRAE 90.1.2004); and (ii) Energy efficient buildings. 'Energy efficient building' means for other than single-family residential property new or retrofitted buildings that are designed, constructed, and certified to exceed the standards set forth in the American Society of Heating, Refrigerating, and Air Conditioning Engineers 2004 standard (ASHRAE 90.1.2004) by 30 percent; and (D) Wind equipment required to capture and convert wind energy into electricity or mechanical power as well as related devices that may be required for converting, conditioning, and storing the electricity produced by wind equipment. (4) 'Cost' means: (A) In the case of clean energy property owned by the taxpayer, cost is the aggregate funds actually invested and expended by a taxpayer to put into service the clean energy property; and (B) In the case of clean energy property the taxpayer leases from another, cost is eight times the net annual rental rate, which is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals. (5) 'Installation' means the year in which the clean energy property is put into service and becomes eligible for a tax credit allowed by this Code section. (6) 'Renewable biomass qualified facility' means a renewable biomass qualified facility as defined by the Federal Energy Regulatory Commission which facility meets the open loop biomass standards promulgated pursuant to Section 45 of the Internal Revenue Code. Such facility must be located in a county in this state which has not attained the federal Environmental Protection Agency Ambient Air Quality Standard for any or all regulated pollutants. (7) 'Wood residuals' means wood residuals that include land-clearing residue, urban wood residue, and pellets and do not include wood from any United States national forest. (b) A tax credit under this Code section is subject to the following limits: (1) A tax credit is allowed against the tax imposed under this article to a taxpayer for the construction, purchase, or lease of clean energy property that is placed into service in this state between July 1, 2008, and December 31, 2010; provided, however, this credit shall be further subject to the following conditions and limitations: (A) A credit allowed by this Code section shall be taken for the taxable year in which the clean energy property is installed and may be taken against income tax or, if the taxpayer is an insurance company, against gross premium tax; (B) A taxpayer that claims a credit allowed under this subsection shall not be eligible to claim any other credit under this subsection with respect to the same clean energy property; (C) A taxpayer may not take the credit allowed in this subsection for clean energy TUESDAY, APRIL 1, 2008 3453 property the taxpayer leases from another unless the taxpayer obtains the lessors written certification that the lessor will not claim a credit under this subsection with respect to the same clean energy property; and (D) In no event shall the amount of the tax credits allowed by this Code section for a taxable year exceed the taxpayers liability for such taxes. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the installment of the clean energy property occurred. No such credit shall be allowed the taxpayer against prior years tax liability. To claim a credit allowed by this paragraph, the taxpayer shall provide any information required by the authority or department. Every taxpayer claiming a credit under this Code section shall maintain and make available for inspection by the authority or department any records that either entity considers necessary to determine and verify the amount of the credit to which the taxpayer is entitled. The burden of proving eligibility for a credit and the amount of the credit rests upon the taxpayer, and no credit may be allowed to a taxpayer that fails to maintain adequate records or to make them available for inspection; (2) A taxpayer who transports or diverts wood residuals to a renewable biomass qualified facility shall be allowed a credit against the tax imposed by this article in an amount not to exceed the actual amount certified by the Georgia Forestry Commission to the taxpayer. The value of such credit shall be determined on a per tonnage basis. Such certification shall be based upon vouchers provided to the taxpayer by the renewable biomass qualified facility to whom the wood residuals are provided for the purpose of providing bioelectric power to a third party. The Georgia Forestry Commission shall calculate and attribute a dollar value to such wood residuals; (3) In no event shall the total amount of tax credits allowed by this subsection exceed: (A) For calendar year 2008, $2,500,000.00; (B) For calendar year 2009, $2,500,000.00; and (C) For calendar year 2010, $2,500,000.00. (4)(A) A taxpayer seeking to claim any tax credit provided for under this Code section must submit an application to the commissioner for tentative approval of such tax credit. The commissioner shall promulgate the rules and forms on which the application is to be submitted. The commissioner shall review such application and shall tentatively approve such application upon determining that it meets the requirements of this Code section within 60 days after receiving such application. (B) The commissioner shall allow the tax credits on a first come, first served basis. In no event shall the aggregate amount of tax credits approved by the commissioner for all taxpayers under this Code section in a calendar year exceed the limitations specified in paragraph (3) of this subsection; (5) The credit allowed by this subsection shall not exceed the following amounts: (A) For all types of clean energy property placed into service for any purpose other than single family residential, the credit allowed by this subsection may not exceed the lesser of 35 percent of the cost of the clean energy property described in 3454 JOURNAL OF THE SENATE subparagraphs (a)(3)(A) through (a)(3)(C) of this Code section or the following credit amounts for any clean energy property: (i) A ceiling of $500,000.00 per installation applies to solar energy equipment for solar electric (photovoltaic), other solar thermal electric applications, and active space heating and wind equipment as described in subparagraphs (a)(3)(A) and (a)(3)(D) of this Code section; (ii) The sum of $100,000.00 per installation applies to clean energy property related to solar energy equipment for domestic water heating as described in subparagraph (a)(3)(A) of this Code section which is certified for performance by the Solar Rating Certification Corporation, Florida Solar Energy Center, or by a comparable entity approved by the authority to have met the certification of Solar Rating Certification Corporation OG-100 or Florida Solar Energy Center-GO-80 for solar thermal collectors; (iii) For Energy Star certified geothermal heat pump systems as described in division (a)(3)(B) of this Code section, the sum of $100,000.00; (iv) For a lighting retrofit project as described in division (a)(3)(C)(i) of this Code section, the sum of $0.60 per square foot of the building with a maximum of $100,000.00; and (v) For an energy efficient building as described in division (a)(3)(C)(ii) of this Code section, the sum of the cost of energy efficient products installed during construction at $1.80 per square foot of the building, with a maximum of $100,000.00; and (B) The following ceilings apply to clean energy property placed in service for single family residential purposes, the lesser of 35 percent of the cost or: (i) The sum of $2,500.00 per dwelling unit applies for clean energy property related to solar energy equipment for domestic water heating as described in subparagraph (a)(3)(A) of this Code section which is certified for performance by the Solar Rating Certification Corporation, Florida Solar Energy Center, or by a comparable entity approved by the authority to have met the certification of Solar Rating Certification Corporation OG-100 or Florida Solar Energy Center-GO-80 for solar thermal collectors, Solar Rating Certification Corporation certification OG-300 or Florida Solar Energy Center-GP-5-80 for solar thermal residential systems, or both; (ii) The sum of $10,500.00 per dwelling unit applies for clean energy property related to solar energy equipment for solar electric (photovoltaic), other solar thermal electric applications, and active space heating as described in subparagraph (a)(3)(A) of this Code section, or to wind as described in subparagraph (a)(3)(B) of this Code section; and (iii) The sum of $2,000.00 per installation for Energy Star certified geothermal heat pump systems applies as described in subparagraph (a)(3)(B) of this Code section; and (6)(A) Where the amount of any credits allowed by this Code section except for the credit under paragraph (2) of subsection (b) of this Code section exceeds the TUESDAY, APRIL 1, 2008 3455 taxpayers liability for such taxes in a taxable year, the excess may be taken as a credit against such taxpayers quarterly or monthly payment under Code Section 487-103. Each employee whose employer receives credit against such taxpayers quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. (B) In no event shall the total amount of the tax credit under paragraph (2) of subsection (b) of this Code section for a taxable year exceed the taxpayers income tax liability. Any unused tax credit shall be allowed the taxpayer against succeeding years tax liability. No such credit shall be allowed the taxpayer against prior years tax liability. (c) The authority and department shall be authorized to adopt rules and regulations to provide for the administration of any tax credit provided by this Code section. Specifically, the authority and department shall create a mechanism to track and report the status and availability of credits for the public to review at a minimum on a quarterly basis. (d) The authority and the department shall provide an annual report of: (1) The number of taxpayers that claimed the credits allowed in this Code section; (2) The cost of business property and clean energy property with respect to which credits were claimed; (3) The type of clean energy property installed and the location; (4) A determination of associated energy and economic benefits to the state; and (5) The total amount of credits allowed." SECTION 2. Said article is further amended by adding a new paragraph in subsection (a) of Code Section 48-7-27, relating to computation of taxable net income, to read as follows: "(13.1) For all taxable years beginning on or after January 1, 2009, 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 provided from a health reimbursement arrangement and have not been included in itemized nonbusiness deductions;" SECTION 3. Said article is further amended by adding a new Code section to read as follows: "48-7-29.14. (a) As used in this Code section, the term: 3456 JOURNAL OF THE SENATE (1) 'Qualified health insurance' means a high deductible health plan that includes, at a minimum, catastrophic health care coverage which is established and used with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code. (2) 'Qualified health insurance expense' means the expenditure of funds of at least $250.00 annually for health insurance premiums for qualified health insurance. (3) 'Taxpayer' means an employer who employs directly, or who pays compensation to individuals whose compensation is reported on Form 1099, 50 or fewer persons and for whom the taxpayer provides high deductible health plans that include, at a minimum, catastrophic health care coverage which are established and used with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code and in which such employees are enrolled. (b) For all taxable years beginning on or after January 1, 2009, a taxpayer shall be allowed a credit against the tax imposed by Code Section 48-7-20 or 48-7-21, as applicable, for qualified health insurance expenses in an amount of $250.00 for each employee enrolled for twelve consecutive months in a qualified health insurance plan if such qualified health insurance is made available to all of the employees and compensated individuals of the employer pursuant to the applicable provisions of Section 125 of the Internal Revenue Code. (c) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayers income tax liability. Any unused tax credit shall be allowed the taxpayer against succeeding years tax liability. No such credit shall be allowed the taxpayer against prior years tax liability. (d) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section. (e) The credit allowed by this Code section shall apply only with regard to qualified health insurance expenses." SECTION 4. This Act shall become effective on July 1, 2008. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Heath Y Henson Y Hill,Jack Y Schaefer Y Seabaugh Y Seay TUESDAY, APRIL 1, 2008 3457 Y Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hill,Judson Hooks Y Hudgens Y Jackson Y Johnson E Jones Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 3. HB 670, having received the requisite constitutional majority, was passed by substitute. HB 815. By Representatives Rogers of the 26th, Harbin of the 118th, Smith of the 113th, Hembree of the 67th and Forster of the 3rd: 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 change the definition of persons who may opt between the Teachers Retirement System of Georgia and the Regents Retirement Plan; to change provisions relative to the employers contribution to the Regents Retirement Plan; to provide conditions for an effective date and automatic repeal; 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 1-156 Atlanta, Georgia 30334-8400 3458 JOURNAL OF THE SENATE Russell W. Hinton State Auditor (404) 656-2174 February 13, 2008 The Honorable Ben Bridges, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334 Dear Chairman Bridges: SUBJECT: State Auditor's Certification Substitute to House Bill 815 (LC 21 9724S) This bill would revise provisions related to membership in the Optional Retirement Plan for certain employees of the University System of Georgia. Currently, certain faculty and principal administrators employed by University System of Georgia are eligible to participate in the Optional Retirement Plan. This plan is available to such designated employees in lieu of participating in the Teachers Retirement System. If this legislation is enacted, eligibility for membership in the Optional Retirement Plan would be expanded to include faculty members and exempt employees, as defined by the Fair Labor Standards Act of 1938, as amended. This new provision would apply to such persons who were first or again employed on or after July 1, 2008, provided they were eligible for membership in the Teachers Retirement System as of the date of employment. This bill would also revise provisions related to the employer contribution rate paid on behalf of the members of the Optional Retirement Plan. Currently, employers contribute an amount equal to the normal cost contribution determined for the Teachers Retirement System. By law, however, the employer contribution rate cannot fall below 4 percent. If this legislation is enacted, the Board of Regents would have the authority to determine the employer contribution rate, after consulting with the State Auditor, the Director of the Office of Planning and Budget, and the State Accounting Officer. The Board of Regents would assume this responsibility on January 1, 2009. It should be noted that this bill requires the Board of Regents to review the contribution amount every three years. This is to certify that this substitute bill is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. However, the changes made in this substitute bill are cost neutral changes. A copy of the actuarial investigation for House Bill 815 (LC 21 9724S), as amended, is attached. Respectfully, /s/ Russell W. Hinton State Auditor TUESDAY, APRIL 1, 2008 The following Fiscal Note, as required by law, was read by the Secretary: 3459 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 13, 2008 Honorable Ben Bridges, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: Actuarial Investigation Substitute to House Bill 815 (LC 21 9724S) Teachers Retirement System Optional Retirement Plan Dear Chairman Bridges: This bill would expand the definition of `eligible university employee,' which determines the group of employees who are eligible for membership in the Optional Retirement Plan. If enacted, the definition would be expanded to include persons who were first or again employed on or after July 1, 2008, who are faculty members or exempt employees as defined by the Fair Labor Standards Act of 1938, as amended. Persons who meet the expanded criteria would have the option of participating in the either the Teachers Retirement System or the Optional Retirement Plan. This legislation would also provide that on or after January 1, 2009, the Board of Regents, in consultation with the State Auditor, the Director of the Office of Planning and Budget, and the State Accounting Officer would have the authority to determine the employer contribution rate paid on behalf of the members of the Optional Retirement Plan. The first year cost of this legislation to the Teachers Retirement System would be $121,000 in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. This cost represents .001% of the current projected payroll of $9,898,000,000. The first year cost includes an increase of $284,000 each year to fund the unfunded actuarial 3460 JOURNAL OF THE SENATE accrued liability and a decrease of $163,000 to fund the normal cost. This cost estimate 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 56% of the first year cost is funded with State appropriations. The remaining 44% is funded through federal, local, and other sources. This legislation would also have a cost impact on the Optional Retirement Plan due to the potential increase in membership. The costs for the Optional Retirement Plan will also be impacted by any change in employer contribution rate set by the Board of Regents. However, the impact cannot be determined since it is uncertain what changes the Board of Regents would make to the employer contribution rate. 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. $ 284,000 (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. $ (163,000) (5) The employer contribution rate currently in effect. 9.28% (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. $ 121,000 It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. TUESDAY, APRIL 1, 2008 3461 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson Hooks Y Hudgens Y Jackson Johnson E Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams On the passage of the bill, the yeas were 49, nays 0. HB 815, having received the requisite constitutional majority, was passed. HB 831. By Representative Setzler of the 35th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of state income taxes, so as to provide for an income tax credit with respect to qualified donations for construction of or capital improvements for charter schools; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the State Board of Education with respect to 3462 JOURNAL OF THE SENATE the foregoing; to provide an effective date; to provide for applicability; 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 N Brown Y Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson E Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 5. HB 831, having received the requisite constitutional majority, was passed. HB 957. By Representative Stephens of the 164th: 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 extend the sunset or termination date of the exemption for certain qualified nonprofit job training organizations; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Goggans of the 7th. TUESDAY, APRIL 1, 2008 The following Fiscal Note, as required by law, was read by the Secretary: 3463 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 24, 2008 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 957 (LC 14 9777) Dear Chairman O'Neal: This bill extends the current sales tax exemption on sales of tangible personal property and services to any nonprofit organization located in Georgia that is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code and that uses the majority of its revenues for job training and placement programs for the disadvantaged and disabled. Currently, this exemption is scheduled to expire on July 1, 2008. This bill would extend the repeal date to July 1, 2010. The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: Nonprofit organizations file revenue and expense information with the IRS on Form 990. Guidestar provides access to this information. Data from 2006 was gathered on nonprofits in Georgia that appear to meet the eligibility criteria specified in current Georgia law. Expense information was summarized based on line items that would be taxable under Georgia law. It is estimated that the state sales tax revenue on these taxable expenses would be approximately $200,000 per year. Sincerely, 3464 JOURNAL OF THE SENATE /s/ Russell W. Hinton State Auditor /s/ Trey Childress, 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 Y Heath Y Balfour Y Henson Brown Hill,Jack Y Bulloch Y Hill,Judson Y Butler Y Hooks Carter Y Hudgens Y Chance Y Jackson Y Chapman Y Johnson Y Cowsert E Jones Y Davenport Y Me V Bremen Y Douglas Y Moody Y Fort Y Mullis Y Goggans Y Murphy Y Golden Y Orrock Y Grant Y Pearson Y Hamrick Y Powell Y Harbison Y Ramsey Y Harp Y Reed Y Hawkins Y Rogers On the passage of the bill, the yeas were 49, nays 1. Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams HB 957, having received the requisite constitutional majority, was passed. HB 1040. By Representatives Lindsey of the 54th, Oliver of the 83rd, Tumlin of the 38th, Teilhet of the 40th and Forster of the 3rd: A BILL to be entitled an Act to amend Part 3 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction and venue of juvenile court proceedings, so as to grant jurisdiction to juvenile courts for the appointment of a permanent guardian for a deprived child under certain circumstances; to provide for required findings; to provide for duration TUESDAY, APRIL 1, 2008 3465 of orders; to provide for modification, vacation, or revocation of orders; to provide for notice and a hearing; to provide for rights and duties of the permanent guardians; to provide for an oath; 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson E Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. HB 1040, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: SB 429. By Senators Bulloch of the 11th, Goggans of the 7th, Douglas of the 17th, Heath of the 31st and Hudgens of the 47th: A BILL to be entitled an Act to provide for enforcement of state laws pertaining to functions assigned to the Department of Agriculture; to provide for certain other enforcement powers of department employees; to amend Part 3466 JOURNAL OF THE SENATE 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to redesignate and change certain provisions relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To provide for enforcement of state laws pertaining to functions assigned to the Department of Agriculture; to provide for certain other enforcement powers of department employees; to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to redesignate and change certain provisions relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally; 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 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, are amended by redesignating and revising Code Section 4-4-5, relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally, as follows: "4-4-5 2-2-13. (a) The Commissioner is shall be vested with police powers to enforce this chapter all state laws pertaining to functions assigned to the department and the rules and regulations adopted pursuant to this chapter thereto. (b) The Commissioner is shall be authorized to employ, designate, and deputize, investigators in support of the departments homeland security duties consistent with statutory authority and to delegate to such employees of the department the necessary authority to enforce this chapter all state laws pertaining to functions assigned to the department and the rules and regulations adopted pursuant to this chapter thereto. The first priority of such investigators shall be to investigate potential threats, if any, to homeland security if and when such investigations are otherwise authorized under this subsection. Employees who have been so designated by the Commissioner and who TUESDAY, APRIL 1, 2008 3467 have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' are shall be authorized: (1) To carry firearms authorized or issued by the Commissioner while in the performance of their duties; (2) To enforce all state laws pertaining to functions assigned to the department, including but not limited to the following powers: (2)(A) To inspect any livestock found within this state plants, animals, products, or facilities when the same are subject to regulation by the department; (3)(B) To stop and inspect any vehicle transporting livestock in this state; plants, animals, or products when the same are subject to regulation by the department; and (4)(C) To inspect and require the production of health certificates, waybills, permits, or other documents required by federal or state laws, rules, regulations, or orders for the transportation of livestock plants, animals, or products when the same are subject to regulation by the department; (3) To enforce all state laws on all property owned or controlled by the department; provided, however, that the departments exercise of police powers at the Atlanta State Farmers Market in Forest Park shall be as provided by Code Section 2-10-57; (4) To enforce any state law when the violation of that law is committed in conjunction with a violation of a state law pertaining to functions assigned to the department; (5) To assist any state law enforcement agency when ordered to do so by the Governor or to protect any life or property when the circumstances demand action; (6) To assist, at the expense of the department, the Georgia Office of Homeland Security of the Georgia Emergency Management Agency in carrying out the duties and responsibilities of that office when requested to do so by that office; and (5)(7) To arrest any person found to be in violation of this chapter any state law, the enforcement of which is authorized by paragraphs (2) through (6) of this subsection, when such violation is a criminal offense. (c) From funds appropriated or available to the department, the Commissioner is shall be authorized to provide motor vehicles, uniforms, firearms, and any other equipment and supplies needed by employees of the department to carry out this chapter Code section. (d) This Code section shall not repeal, supersede, alter, or affect the power of any other law enforcement officer of this state or of any county, municipality, or other political subdivision of this state to enforce this chapter state laws pertaining to functions assigned to the department. At the request of the Commissioner of Agriculture, it shall be the duty of all state, county, municipal, and other law enforcement officers in this state to enforce and to assist the Commissioner and the employees and agents of the department in the enforcement of this chapter state laws pertaining to functions assigned to the department." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. 3468 JOURNAL OF THE SENATE Senator Bulloch of the 11th asked unanimous consent that the Senate disagree to the House substitute to SB 429. The consent was granted, and the Senate disagreed to the House substitute to SB 429. The Calendar was resumed. HB 1051. By Representatives Willard of the 49th, Lindsey of the 54th, Tumlin of the 38th, Thomas of the 55th, Shipp of the 58th and others: A BILL to be entitled an Act to amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to change certain provisions relating to the county multiagency child fatality review committee and reporting; to change distribution of certain reports; to change certain provisions relating to the Georgia Child Fatality Review Panels reporting; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Smith of the 52nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson E Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams TUESDAY, APRIL 1, 2008 3469 On the passage of the bill, the yeas were 52, nays 0. HB 1051, having received the requisite constitutional majority, was passed. HB 1065. By Representatives Royal of the 171st, Jones of the 46th and Coleman of the 97th: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the sales tax for educational purposes, so as to authorize local charter schools and state chartered special schools as capital outlay projects for purposes of such tax; 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Hudgens Y Jackson Y Johnson E Jones Y Me V Bremen Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell N Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 3. HB 1065, having received the requisite constitutional majority, was passed. 3470 JOURNAL OF THE SENATE Senator Eric Johnson, President Pro Tempore, assumed the Chair. The Calendar was resumed. HB 1093. By Representatives Willard of the 49th, Mills of the 25th, Coan of the 101st, Fleming of the 117th, O`Neal of the 146th and others: A BILL to be entitled an Act to amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to furnishing of cancellation by grantee or holder upon payment, liability for failure to comply, cancellation of instrument after failure to comply, and liability of agents, so as to change certain provisions relating to the demand for liquidated damages; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Cowsert of the 46th. The Senate Judiciary Committee offered the following substitute to HB 1093: A BILL TO BE ENTITLED AN ACT To amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to furnishing of cancellation by grantee or holder upon payment, liability for failure to comply, cancellation of instrument after failure to comply, and liability of agents, so as to change certain provisions relating to the demand for liquidated damages; 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. Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to furnishing of cancellation by grantee or holder upon payment, liability for failure to comply, cancellation of instrument after failure to comply, and liability of agents, is amended by revising subsections (b) and (c) as follows: "(b)(1) Whenever the indebtedness secured by any instrument is paid in full, the grantee or holder of the instrument, within 60 days of the date of the full payment, shall cause to be mailed to the grantor, at the grantors last known address as shown on the records of the grantee or holder of the instrument, written notice of the grantees or holder of the instruments transmittal of notice of satisfaction or cancellation as required by this subsection and notice of the grantors right to demand payment of $500.00 in liquidated damages from the grantee or holder of the TUESDAY, APRIL 1, 2008 3471 instrument if such obligation is not timely met. (2) Whenever the indebtedness secured by any instrument is paid in full, the grantee or holder of the instrument, within 60 days of the date of the full payment, shall cause to be furnished to the clerk of the superior court of the county or counties in which the instrument is recorded a legally sufficient satisfaction or cancellation to authorize and direct the clerk or clerks to cancel the instrument of record. The grantee or holder of the instrument shall further direct the clerk of the court to transmit to the grantor the original cancellation or satisfaction document at the grantors last known address as shown on the records of the grantee or holder of the instrument. In the case of a revolving loan account, the debt shall be considered to be 'paid in full' only when the entire indebtedness including accrued finance charges has been paid and the lender or debtor has notified the other party to the agreement in writing that he or she wishes to terminate the agreement pursuant to its terms. (2)(3) Notwithstanding paragraph (1) (2) of this subsection, if an attorney at law remits the pay-off balance of an instrument to a grantee or holder of the instrument on behalf of a grantor, the grantee or holder of the instrument may direct the clerk of the court to transmit to such attorney the original cancellation or satisfaction document. (3)(4) A grantee or holder of the instrument shall be authorized to add to the pay-off amount the costs of recording a cancellation or satisfaction of an instrument. (c)(1) Upon the failure of the grantee or holder of the instrument to transmit properly a legally sufficient satisfaction or cancellation as provided in required by subsection (b) of this Code section, the grantee or holder of the instrument shall, upon written demand, be liable to the grantor for the sum of $500.00 as liquidated damages and, in addition thereto, for such additional sums for any loss caused to the grantor, plus reasonable attorneys fees if the grantor makes a written demand for liquidated damages to the grantee or holder of the instrument before transmittal, but not less than 61 days after the instrument is paid in full, and prior to filing a civil action. (2) The grantee or holder of the instrument shall not be liable to the grantor if he or she demonstrates reasonable inability to comply with subsection (b) of this Code section; and the grantee or holder shall not be liable to the grantor unless and until a written demand for the liquidated damages as provided in subsection (b) of this Code section is made. No settlement agent or attorney may take an assignment of the right to the $500.00 in liquidated damages. (3) Except as provided in paragraph (1) of subsection (b) of this Code section, no No other provision of this Code section shall be construed so as to affect the obligation of the grantee or holder of the instrument to pay the liquidated damages provided for in this subsection. (4) At least 15 business days prior to filing a civil action to recover liquidated damages, the grantor shall provide notice in writing to the grantee or holder of the instrument at the address where the grantee or holder of the instrument directs payments to be mailed with respect to the indebtedness secured by the instrument or, if such address is not available, at the address of the grantee or holder of the instruments registered agent for service of process in Georgia stating that the grantee 3472 JOURNAL OF THE SENATE or holder of the instrument: (A) Has failed to comply with the obligation required by this Code section; (B) Owes the grantor liquidated damages in the amount of $500.00; and (C) May be sued by the grantor for the failure to comply with the provisions of this Code section. (5) If the grantee or holder of the instrument fails to provide written notice to the grantor regarding the grantees or holder of the instruments obligation for transmittal as provided in paragraph (1) of subsection (b) of this Code section, the grantor may file a civil action at any time more than 60 days after the grantees or holder of the instruments receipt of full payment." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. A demand for liquidated damages made before the effective date of this Act shall be governed by the provisions of former Code Section 44-14-3. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Cowsert of the 46th offered the following amendment #1: Amend the Senate committee substitute (LC 29 3393S) to HB 1093 by on page 2, line 26, after "(b)", insert "and paragraph (2) of subsection (c)" On the adoption of the amendment, there were no objections, and the Cowsert amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver TUESDAY, APRIL 1, 2008 3473 Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Jones Y Me V Bremen Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 52, nays 0. HB 1093, having received the requisite constitutional majority, was passed by substitute. HB 1168. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-13-51 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, collection, and expenditure of proceeds of such tax; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. The Senate Finance Committee offered the following substitute to HB 1168: 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 the excise tax on rooms, lodgings, and accommodations; to provide for definitions; to provide for procedures, conditions, and limitations for the imposition, collection, and expenditure of proceeds of the tax; to provide for powers, duties, and authority of county and municipal governing authorities; to provide for powers, duties, and authority of the state revenue commissioner; to change the membership of the Hotel Motel Tax Performance Review Board; to change certain provisions regarding the levy, collection, and expenditure of certain proceeds of such tax; to provide for related matters; to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to modify certain provisions relating to the creation of a landlord and tenant relationship; to provide for 3474 JOURNAL OF THE SENATE limitations on the creation of a landlord and tenant relationship where property is occupied by persons who are guests in a hotel, inn, boarding house, or similar establishment; to provide effective dates; 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 revising Code Section 48-13-50.2, relating to definitions regarding the excise tax on rooms, lodgings, and accommodations, as follows: "48-13-50.2. As used in this article, the term: (1) 'Destination marketing organization' means a private sector nonprofit organization or other private entity which is exempt from federal income tax under section 501(c)(6) of the Internal Revenue Code of 1986 that is supported by the tax under this article, government budget allocations, private membership, or any combination thereof and the primary responsibilities of which are to encourage travelers to visit their destinations, encourage meetings and expositions in the area, and provide visitor assistance and support as needed. (1)(2) 'Innkeeper' means any person who is subject to taxation under this article for the furnishing for value to the public any rooms, lodgings, or accommodations. (3) 'Private sector nonprofit organization' means a chamber of commerce, a convention and visitors bureau, a regional travel association, or any other private group organized for similar purposes which is exempt from federal income tax under Section 501(c)(6) of the Internal Revenue Code of 1986; provided, however, that a county or municipality which has prior to April 1, 1990, contracted for a required expenditure under this Code section with a private group which is exempt from federal income tax under provisions of Section 501(c) of the Internal Revenue Code other than Section 501(c)(6) may continue to contract for required expenditures with such a private group. (2)(4) 'Promoting tourism, conventions, and trade shows' means planning, conducting, or participating in programs of information and publicity designed to attract or advertise tourism, conventions, or trade shows. (5) 'State authority' means an authority created by state law which serves a state-wide function, including, but not limited to, the Geo. L. Smith II Georgia World Congress Center Authority, but shall not mean an authority created for support of a local government or a local purpose or function and shall not include authorities such as area planning and development commissions and any organizational entities they may create, regional development centers and any organizational entities they may create, or local water and sewer authorities. (6) 'Tourism product development' means the expenditure of funds for the creation or expansion of physical attractions which are available and open to the public and which improve destination appeal to visitors, support visitors experience, and are TUESDAY, APRIL 1, 2008 3475 used by visitors. Such expenditures may include capital costs and operating expenses. Tourism product development may include: (A) Lodging for the public for no longer than 30 consecutive days to the same customer; (B) Overnight or short-term sites for recreational vehicles, trailers, campers, or tents; (C) Meeting, convention, exhibit, and public assembly facilities; (D) Sports stadiums, arenas, and complexes; (E) Golf courses associated with a resort development that are open to the general public on a contract or fee basis; (F) Racing facilities, including dragstrips, motorcycle racetracks, and auto or stock car racetracks or speedways; (G) Amusement centers, amusement parks, theme parks, or amusement piers; (H) Hunting preserves, trapping preserves, or fishing preserves or lakes; (I) Visitor information and welcome centers; (J) Wayfinding signage; (K) Permanent, nonmigrating carnivals or fairs; (L) Airplanes, helicopters, buses, vans, or boats for excursions or sightseeing; (M) Boat rentals, boat party fishing services, rowboat or canoe rentals, horse shows, natural wonder attractions, picnic grounds, river-rafting services, scenic railroads for amusement, aerial tramways, rodeos, water slides, or wave pools; (N) Museums, planetariums, art galleries, botanical gardens, aquariums, or zoological gardens; (O) Parks, trails, and other recreational facilities; or (P) Performing arts facilities." SECTION 2. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising subparagraph (a)(1)(C) as follows: "(C)(i) The tax authorized by this Code section shall not apply to charges made for any rooms, lodgings, or accommodations provided to any persons who certify that they are staying in such room, lodging, or accommodation as a result of the destruction of their home or residence by fire or other casualty. The tax authorized by this Code section shall apply to the fees or charges for any rooms, lodgings, or accommodations during the first ten days of continuous occupancy and shall not apply to charges imposed for any continuous occupancy thereafter. The tax authorized by this Code section shall not apply to charges made for the use of meeting rooms and other such facilities or to any rooms, lodgings, or accommodations provided without charge. (ii) The tax authorized by this Code section shall not apply to the charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local governmental officials or employees when 3476 JOURNAL OF THE SENATE traveling on official business. Notwithstanding the availability of any other means of identifying the person as a state or local government official or employee, whenever a person pays for any rooms, lodgings, or accommodations with a state or local government credit or debit card, such rooms, lodgings, or accommodations shall be deemed to have been furnished for use by a Georgia state or local government official or employee traveling on official business for purposes of the exemption provided by this division Reserved." SECTION 3. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (6) of subsection (a) as follows: "(6) At no time shall a county or municipality levy a tax under more than one paragraph of this subsection. Following the termination of a tax under paragraph (2.1), (2.2), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (2.1), (2.2), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (2.1), (2.2), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection levy any future taxes under this Code section in a manner authorized by subsection (b) of this Code section." SECTION 4. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (7) of subsection (a) as follows: "(7) As used in this Code section subsection, the term: 'fund' (A) 'Fund and 'funding' shall include means the cost and expense of all things deemed necessary by a state authority for the construction and operation of a multipurpose domed stadium including but not limited to the study, operation, marketing, acquisition, construction, finance, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities, and the repayment of any obligation incurred by an authority in connection therewith. (B) 'Obligation' means The term 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys incurred prior to January 1, 1991, and having an initial term of not more than 30 years. (C) 'Multipurpose The term 'multipurpose domed stadium facility' shall mean means a multipurpose domed stadium facility and any associated parking areas or improvements originally owned or operated incident to the ownership or operation TUESDAY, APRIL 1, 2008 3477 of a facility used for convention and trade show purposes by the state, a department or agency of the state, a state authority, or a combination thereof." SECTION 5. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (8) of subsection (a) as follows: "(8)(A) For purposes of this Code section, a 'private sector nonprofit organization' shall be a chamber of commerce, a convention and visitors bureau, a regional travel association, or any other private group organized for similar purposes which is exempt from federal income tax under Section 501(c)(6) of the Internal Revenue Code of 1986; provided, however, that a county or municipality which has prior to April 1, 1990, contracted for a required expenditure under this Code section with a private group which is exempt from federal income tax under provisions of Section 501(c) of the Internal Revenue Code other than Section 501(c)(6) may continue to contract for required expenditures with such a private group. (B) For purposes of this Code section, 'state authority' shall mean an authority created by state law which serves a state-wide function including, but not limited to, the Geo. L. Smith II Georgia World Congress Center Authority, but shall not mean an authority created for support of a local government or a local purpose or function and shall not include authorities such as area planning and development commissions and any organizational entities they may create, regional development centers and any organizational entities they may create, or local water and sewer authorities Reserved." SECTION 6. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising subparagraph (a)(9)(A) as follows: "(A) A county or municipality imposing a tax under paragraph (1), (2), (2.1), (2.2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met proceeds of the tax shall be expended. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan." SECTION 7. Said title is further amended in Code Section 48-13-51, relating to county and municipal 3478 JOURNAL OF THE SENATE levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (11) of subsection (a) as follows: "(11) Nothing in this Code section shall be construed to impair, or authorize or require the impairment of, any existing contract or contractual rights Reserved." SECTION 8. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (12) of subsection (a) as follows: "(12) Any action by a local governing authority to impose or change the rate of the tax authorized under this Code section shall become effective no sooner than the first day of the second month following its adoption by the local governing authority Reserved. SECTION 9. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising subsection (b) as follows: "(b)(1) Except as provided in paragraphs (2) and (3) of subsection (a) of this Code section, any new excise taxes which are first levied pursuant to this Code section after July 1, 2008, or any new excise tax which is first levied following the termination of a previous levy pursuant to this Code section after July 1, 2008, shall be levied pursuant to this subsection. (2) The governing authority of each municipality in this state may levy an excise tax pursuant to this subsection at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value. (3) Within the territorial limits of the special district located within the county, each county in this state may levy an excise tax pursuant to this subsection at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value. (4) The levy of an excise tax pursuant to this subsection shall be conditioned upon the county or municipality adopting a resolution which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds and, subsequent to such resolution, the enactment of a local Act by the General Assembly. TUESDAY, APRIL 1, 2008 3479 (5) In accordance with the terms of the resolution adopted by the county or municipality, the local Act of the General Assembly shall provide that: (A) In each fiscal year during which a tax is collected under paragraph (2) or (3) of this subsection, an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by the county or municipality levying tax; and (B) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under subparagraph (A) of this paragraph shall be expended for tourism product development. (6) A county or municipality levying a tax pursuant to this subsection shall expend an amount equal to the amount of total taxes collected under this subsection which would have been collected at a rate of 5 percent in accordance with the provisions of paragraph (3) of subsection (a) of this Code section. (c) Nothing in this article shall be construed to impair, or authorize or require the impairment of, any existing contract or contractual rights. (d) At no time shall a county or municipality levy simultaneously more than one tax under this article. (e)(1) Except as otherwise provided in paragraph (2) of this subsection, for any excise tax levied pursuant to subsection (b) of this Code section, a county or municipality imposing a tax under this article shall, prior to the imposition of the tax or changing the rate of the levy of the tax and prior to each fiscal year thereafter in which the tax is imposed, adopt a budget plan specifying how the proceeds of such tax are to be expended. Prior to the adoption of such budget plan, the county or municipality shall obtain from the destination marketing organization or state authority with which it proposes to contract to meet the expenditure requirements of this paragraph a budget plan for expenditures to be made by such organization. Such destination marketing organization or state authority expenditure budget plan shall be made a part of the county or municipal budget plan. (2) This paragraph shall apply to a county or municipality which is levying the tax under subsection (a) of this Code section on January 1, 2008, and is expending the proceeds of the tax through a contract or contracts with an authorized entity or entities other than a destination marketing organization. In the event such county or municipality ceases such levy in order to levy an excise tax under subsection (b) of this Code section, it may continue to expend the proceeds of the tax through a contract or contracts with the same entity or entities other than a destination marketing organization if, prior to each fiscal year in which the tax is imposed, the county or municipality adopts a budget plan specifying how the proceeds of such tax are to be expended. Prior to the adoption of such budget plan, such county or municipality shall obtain from such entity or entities with which it proposes to contract to meet the expenditure requirements of this paragraph a budget plan for expenditures to be made 3480 JOURNAL OF THE SENATE by such entity or entities. The budget plan of such entity or entities shall be made a part of the county or municipal budget plan. (f) A county or municipality expending funds of the tax levied under subsection (b) of this Code section pursuant to a contract shall require the destination marketing organization or state authority to provide audit verification that such destination marketing organization or state authority makes use of such funds in conformity with the requirements of this subsection. If the audit required by Code Section 36-81-7 identifies noncompliance with the applicable expenditure requirements of this Code section, such noncompliance shall be reported in accordance with paragraph (2) of subsection (c) of Code Section 36-81-7. The state auditor shall report all instances of noncompliance with this subsection noted in the audit report to the Department of Community Affairs upon completion of the report review required by paragraph (2) of subsection (d) of Code Section 36-81-7. The state auditor shall furnish a copy of all documents submitted by the local government or the local governments auditor pertaining to noncompliance with this subsection to the Department of Community Affairs. The Department of Community Affairs shall submit a copy of such documents to the performance review board. (g)(1) Any action by a local governing authority to impose or change the rate of the tax authorized under this article shall become effective no sooner than the first day of the second month following its action by the local governing authority. (2) In the case of a county or municipality which has adopted an ordinance ceasing the levy under the applicable paragraph of subsection (a) of this Code section in order to levy an excise tax under subsection (b) of this Code section, such levy under subsection (b) of this Code section shall become effective no sooner than the first day of the second month following its action by the local governing authority. (h) The tax authorized by this article shall not apply to: (1) Charges made for any rooms, lodgings, or accommodations provided to any persons who certify that they are staying in such room, lodging, or accommodation as a result of the destruction of their home or residence by fire or other casualty; (2) The use of meeting rooms and other such facilities or any rooms, lodgings, or accommodations provided without charge; (3) Any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local governmental officials or employees when traveling on official business. Notwithstanding the availability of any other means of identifying the person as a state or local government official or employee, whenever a person pays for any rooms, lodgings, or accommodations with a state or local government credit or debit card, such rooms, lodgings, or accommodations shall be deemed to have been furnished for use by a Georgia state or local government official or employee traveling on official business for purposes of the exemption provided by this paragraph. For purpose of the exemption provided under this paragraph, a local government official or employee shall include officials or employees of counties, municipalities, consolidated governments, or county or independent school districts; or TUESDAY, APRIL 1, 2008 3481 (4) Charges made for continuous use of any rooms, lodgings, or accommodations after the first 30 days of continuous occupancy. (b)(i) No tax under this article may be levied or collected by a county outside the territorial limits of the special district located within the county. (j) Any requirement that a tax under this article be expended in the fiscal year in which it is collected shall be satisfied so long as fiscal year expenditures conform with the budget plan required in either paragraph (9) of subsection (a) or subsection (e) of this Code section." SECTION 10. Said title is further amended by revising Code Section 48-13-54, relating to collection, remittance, and use of certain funds regarding certain rooms, facilities, or cabins operated under jurisdiction of Department of Natural Resources, as follows: "48-13-54. Any state park operated under the jurisdiction of the Department of Natural Resources, or a state authority that is administratively attached to the Department of Natural Resources, which state park or authority regularly furnishes for value lodge rooms as well as meals and conference or meeting facilities or has a minimum of 20 cabins and which is rooms, facilities, or cabins located in a county or municipality levying a tax under this article shall, as provided in this Code section, agree to collect and remit to the county or municipality within whose taxing jurisdiction the facility is located amounts which are equal to, or partially equal to, the amounts which would be collected and remitted to the county or municipality under the tax levied by the county or municipality under Code Section 48-13-51 if the lodges such rooms, facilities, or cabins were privately operated. The sums so collected and remitted shall only be expended for development, promotion, and advertising of the lodges such rooms, facilities, or cabins from which the money was collected and remitted or for similar purposes of promoting, advertising, stimulating, and developing conventions and tourism in the county or municipality in which the such rooms, facilities, or cabins of the state park is operated as or state authority are located so long as said promotion or advertising prominently features the state park facilities or similar facilities operated under the jurisdiction of the Department of Natural Resources or state authority rooms, facilities, or cabins." SECTION 11. Said title is further amended by revising subsections (a) and (b) of Code Section 48-1356.1, relating to the Hotel Motel Tax Performance Review Board, as follows: "(a)(1) There is created the Hotel Motel Tax Performance Review Board which shall consist of 11 members. (2) The commissioner of community affairs shall appoint five persons to serve as members of the performance review board as follows: (A) A designee of the commissioner; (B) A representative of the private sector tourism industry who shall be an innkeeper; 3482 JOURNAL OF THE SENATE (C) A representative of municipal government; (D) A representative of county government; and (E) A representative of a tourism destination marketing organization. (3) The Governor shall appoint one member of the board. (4) The Speaker of the House of Representatives shall appoint one member of the board. (5) The President Pro Tempore of the Senate Lieutenant Governor shall appoint one member of the board. (6) The state auditor shall appoint one member of the board. (7) The commissioner of economic development shall appoint one member of the board. (8) The state revenue commissioner shall appoint one member of the board. (b)(1) The initial members of the board shall be appointed not later than August 1, 2004. The member of the board who is appointed under subparagraph (a)(2)(A) of this Code section shall serve for a term of office of five years. Members of the board who are appointed under subparagraphs (a)(2)(B), (a)(2)(C), (a)(2)(D), and (a)(2)(E) of this Code section shall serve for terms of office of three years each. Members of the board who are appointed under paragraphs (3), (4), and (5) of subsection (a) of this Code section shall serve for terms of office of three years each. Members of the board who are appointed under paragraphs (6), (7), and (8) of subsection (a) of this Code section shall serve for terms of office of five years each. Members of the board shall serve for the terms of office specified in this subsection and until their respective successors are appointed and qualified. Members of the board may be reappointed to the board upon the expiration of their terms of office if they otherwise continue to meet the qualifications for such office. (2) If a vacancy occurs in the membership of the board, the appropriate appointing entity shall appoint a successor for the remainder of the unexpired term and until a successor is appointed and qualified." SECTION 12. Said title is further amended in Code Section 48-13-51, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, by revising paragraph (4) of subsection (a) as follows: "(4) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 43 1/3 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or TUESDAY, APRIL 1, 2008 3483 local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; (E) supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and such facility was substantially completed and in operation prior to December 31, 1993; or (F) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph (4) shall further expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 1 percent of the total taxes collected at the rate of 6 percent for the purpose of supporting a museum of aviation and aviation hall of fame or an amount equal to at least 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) construction or expansion of either: (A) (i) a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (B) (ii) a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if such support is provided to a governmental entity with which the county or municipality levying the tax had in effect on January 1, 1987, a contractual agreement concerning governmental support of a convention and trade show facility; (C) (iii) a facility owned or operated for convention and trade show purposes, visitor welcome center purposes, or any other similar or related purposes by a convention and visitors bureau authority created by local Act of the General Assembly for a municipality; (D) (iv) a facility owned or operated for convention and trade show purposes or any other similar or related purposes by a coliseum and exhibit hall authority created by local Act of the General Assembly for a county and one or more municipalities therein; (E) (v) a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of 3484 JOURNAL OF THE SENATE Chapter 8 of this title, as amended, and such facility was substantially completed and in operation prior to December 31, 1993; (F) (vi) a system of bicycle or pedestrian trails or walkways or both connecting a historic district within the levying county or municipality and surrounding areas (and with respect to this purpose (F) (vi) construction and expansion shall include acquisition and development), if not later than December 1, 1993, the county or municipality has adopted ordinances, resolutions, or contracts which: (i) (I) designate such historic district; (ii) (II) obligate the county or municipality to provide funds to promote tourism to a historic district owners and business association which qualifies as a private sector nonprofit organization under subparagraph (a)(8)(A) of this Code section and Section 501(c)(6) of the Internal Revenue Code; (iii) (III) provide a 'comprehensive plan' as provided for in Chapters 70 and 71 of Title 36; (iv) (IV) provide a transportation plan as a component of such comprehensive plan; and (v) (V) provide a recreation plan which is designed to identify recreation needs through the year 2000 and which includes provisions for such system of trails or walkways or both; provided that the authority to expend funds for such system of trails or walkways or both shall expire when all capital costs of the initial acquisition, construction, and development of such system as identified in the relevant plan have been paid and in no event later than July 1, 2002. Amounts so expended to meet such 16 2/3 percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities; or (G) (vii) a system of bicycle or pedestrian greenways, trails, walkways, or any combination thereof connecting a downtown historic or business district within the levying county or municipality and surrounding areas (and with respect to this purpose (G) (vii) construction and expansion shall include acquisition and development), if not later than December 1, 2000, the county or municipality has adopted ordinances, resolutions, or contracts which: (i) (I) designate such historic or downtown business district; (ii) (II) obligate the county or municipality to provide funds to promote tourism to a downtown business district owners and business association or chamber of commerce which qualify as private qualifies as a private sector nonprofit organizations organization under subparagraph (a)(8)(A) of this Code section and Section 501(c)(6) of the Internal Revenue Code; (iii) III provide a 'comprehensive plan' as provided for in Chapters 70 and 71 of Title 36; (iv) IV provide a transportation plan as a component of such comprehensive plan; and (v) (V) provide a recreation plan as a component of such comprehensive plan which includes provisions for such system of trails or walkways or both; provided that the authority to expend funds for such system of trails or walkways or both shall expire when all capital costs of the initial acquisition, construction, and development of such system as identified in the relevant plan have been paid and in no event later than July 1, 2025; or (B) promoting tourism, conventions, and trade shows. Amounts so expended to meet such 16 2/3 percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities." TUESDAY, APRIL 1, 2008 3485 SECTION 13. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in Code Section 44-7-1, relating to creation of landlord and tenant relationships, by inserting a new subsection to read as follows: "(c) The relationship of landlord and tenant shall not be created where the keeper of an inn, as that term is defined by Code Section 43-21-1, agrees to occupancy by a guest and occupancy is paid by the guest and accepted by the innkeeper on a week to week basis or for any period of time less than 30 days; provided, however, that this subsection shall not apply where the innkeeper has required a room deposit in addition to occupancy payments in an amount covering a period of occupancy exceeding 29 days." SECTION 14. (a) Sections 12 and 13, this section, and Section 15 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 1 through 11 shall become effective on July 1, 2008. SECTION 15. 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 13, 2008 Honorable Chip Rogers, Chairman Senate Finance Committee Coverdell Legislative Office Building, Room 325-A Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 1168 (LC 18 6742) Dear Chairman Rogers: The Georgia State University Fiscal Research Center provided the following description 3486 JOURNAL OF THE SENATE of this bill and analysis of its fiscal impact: This legislation amends Georgia law regarding the excise tax on rooms, lodgings and accommodations. The legislation amends the list of authorized activities on which a county or municipality must spend proceeds of the tax. The legislation does not amend the tax rate or the activities that are subject to the tax. Thus, there is no impact on state tax revenues or on local tax revenues. Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget On the adoption of the substitute, there were no objections, 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 Bulloch Y Butler Y Carter Chance Y Chapman N Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Hamrick Y Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) E Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D N Smith Y Staton Y Stoner Y Tarver Tate Y Thomas,D N Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman N Weber Y Wiles Y Williams TUESDAY, APRIL 1, 2008 3487 On the passage of the bill, the yeas were 42, nays 5. HB 1168, having received the requisite constitutional majority, was passed by substitute. Senator Meyer von Bremen of the 12th was excused for business outside the Senate Chamber. HB 1178. By Representatives Black of the 174th, McCall of the 30th, Roberts of the 154th, England of the 108th, Maddox of the 172nd 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 for a limited period of time from state sales and use tax only regarding the sale or use of liquefied petroleum gas or other fuel used for certain swine raising purposes; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Golden of the 8th. 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 19, 2008 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 1178 (LC 25 5143) Dear Chairman O'Neal: This bill would extend the current exemption from the state sales and use tax for sales of 3488 JOURNAL OF THE SENATE liquefied petroleum gas or other fuel used in a structure in which swine are raised. The exemption is scheduled to expire on June 30, 2008. This bill extends the exemption until June 30, 2010. This exemption does not apply to any applicable local sales and use tax. The Georgia State University Fiscal Research Center provided the following analysis of the revenue impact of this bill: 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 almost fourfold reflecting the sharp rise in energy prices since 2002. This escalation is based on the ratio of average propane prices in 2007 relative to 2002. This yields estimated expenditures of $7.3 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 approximately $292,000. This estimate is consistent with 2007 propane prices. Energy prices are highly volatile and the actual impact over the extension period will vary with those prices. Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, 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 Heath Y Henson Y Hill,Jack Y Schaefer Y Seabaugh Y Seay TUESDAY, APRIL 1, 2008 3489 Y Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) E Jones E Me V Bremen Y Moody Y Mullis Murphy Y Orrock Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 2. HB 1178, having received the requisite constitutional majority, was passed. Senator Hill of the 4th was excused for business outside the Senate Chamber. HB 1235. By Representative Scott of the 153rd: 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 notice of insurance issuance requirements for fleet policies; to provide for the reporting of fleet vehicles to the Georgia Department of Revenue minimum liability insurance data base; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Ramsey, Sr. of the 43rd. The Senate Insurance and Labor Committee offered the following substitute to HB 1235: A BILL TO BE ENTITLED AN ACT To amend Code Section 40-6-10 of the Official Code of Georgia Annotated, relating to insurance requirements for operation of motor vehicles generally, so as to provide a penalty for wrongfully towing or impounding a fleet vehicle with valid insurance; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 3490 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 40-6-10 of the Official Code of Georgia Annotated, relating to insurance requirements for operation of motor vehicles generally, is amended by revising subparagraph (a)(8)(B) as follows: "(B) For purposes of this Code section on and after January 1, 2004, a valid insurance card shall be sufficient proof of insurance only for any vehicle covered under a fleet policy as defined in Code Section 40-5-71. The insurance card for a fleet policy shall contain at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, and the name of the insured and may, but shall not be required to, include the year, make, model, and vehicle identification number of the vehicle insured. If the operator of any vehicle covered under a fleet policy as defined in Code Section 40-5-71 presents a valid insurance card for a fleet policy to any law enforcement officer or agency, and the officer or agency does not recognize the insurance card as valid proof of insurance and impounds or tows such vehicle for lack of proof of insurance, the law enforcement agency or political subdivision shall be liable for and limited to the fees of the wrongful impoundment or towing of the vehicle, which in no way waives or diminishes any sovereign immunity of such governmental entity." SECTION 2. This Act shall become effective on July 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) E Jones Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate TUESDAY, APRIL 1, 2008 3491 Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Hamrick Y Harbison Y Harp Y Hawkins E Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. HB 1235, having received the requisite constitutional majority, was passed by substitute. HB 1249. By Representatives Lewis of the 15th, Martin of the 47th, Millar of the 79th, Stephens of the 164th, Loudermilk of the 14th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide for an income tax credit with respect to solar energy technology manufacturing facilities; 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 for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. The Senate Finance Committee offered the following substitute to HB 1249: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide for income tax credits for the creation of certain solar energy technology manufacturing jobs; to provide for income tax credits for a limited period of time for certain qualified solar energy expenditures and for certain qualified solar energy research expenses; 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 for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. 3492 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, is amended by adding a new Code section to read as follows: "48-7-40.27. (a) As used in this Code section, the term: (1) 'Full-time employee job' and 'full-time job' means employment of an individual which: (A) Is located in this state at the site of a qualified business or the manufacturing facility resulting therefrom; (B) Involves a regular work week of 35 hours or more; (C) Has no predetermined end date; and (D) Pays at or above the average wage of the county with the lowest average wage in the state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. (2) 'Manufacturing equipment' means an essential machine, mechanism, or tool or a component of an essential machine, mechanism, or tool used directly and exclusively in a qualified businesss manufacturing operation and that is subject to depreciation pursuant to the Internal Revenue Code of 1986 by the taxpayer carrying on the manufacturing, provided that manufacturing equipment does not include a vehicle that leaves the site of a manufacturing operation for the purpose of transporting persons or property. (3) 'Qualified business' means a solar energy company that establishes a new headquarters in this state or expands an existing headquarters in this state. (4) 'Qualified expenditure' means an expenditure for the purchase of manufacturing equipment made after July 1, 2008, by a taxpayer. (5) 'Qualified research expenses' means qualified research expenses for any qualified business as that term is defined in Section 41 of the Internal Revenue Code of 1986 except that all wages paid and all purchases of services and supplies must be for research conducted within the State of Georgia. (6) 'Solar energy company' means a company that has its headquarters in this state and that is engaged in research, development, production, or provision of solar energy technology for the purpose of developing or providing products or processes for the commercial or public purpose of generating electricity, directly or indirectly, by means of the conversion of sunlight by photovoltaic cells or other technology or a person whose headquarters is located in this state and who is engaged in providing services or products necessary for such research, development, production, or provision. (b)(1) Any qualified business that establishes a new headquarters in this state or expands an existing headquarters in this state shall be allowed a tax credit for taxes imposed under this article equal to $5,500.00 annually per new eligible full-time employee job for five years beginning with the year in which such job is created TUESDAY, APRIL 1, 2008 3493 through year five after such creation. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. (2) The number of new full-time jobs to which this subsection shall be applicable shall be determined each month by comparing the number of full-time employees subject to Georgia income tax withholding as of the last payroll period of such month or as of the payroll period during each month used for the purpose of reports to the Department of Labor with the number of such employees for the previous month. (3) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit under this subsection may be transferred and continued by any transferee of the business enterprise. (4) To qualify for the credit provided under this subsection a new full-time job must be created by the close of the seventh taxable year following the business enterprises withholding start date. In no event may a credit be claimed under this Code section for more than 3,300 new full-time employee jobs created by any one project; provided, however, that the taxpayer may claim the credits provided by Code Sections 48-7-40 and 48-7-40.1 for any such additional jobs if the taxpayer meets the terms and conditions thereof. (c) A tax credit in an amount not to exceed 15 percent of any qualified expenditure is allowed a qualified business which has qualified expenditures in Georgia for the period commencing January 1, 2008, and ending on December 31, 2012. (d) A tax credit in an amount not to exceed 75 percent of the qualified research expenses is allowed a qualified business which has qualified research expenses in Georgia for the period commencing January 1, 2008, and ending on December 31, 2012, provided that the qualified business is allowed a research credit under Section 41 of the Internal Revenue Code of 1986. (e)(1) A qualified business seeking to claim any tax credit provided for under subsection (c) or (d) of this Code section must submit an application to the commissioner for tentative approval of such tax credit between September 1 and October 31 of the year preceding the calendar year for which the tax credit is to be earned. The commissioner shall promulgate the rules and forms on which the application is to be submitted. Amounts specified on such application shall not be changed by the qualified business after the application is approved by the commissioner. Such applications must certify that the qualified business would not have incurred the eligible expenses or expenditures mentioned therein but for the availability of the tax credit. The commissioner shall review such application and shall tentatively approve such application upon determining that it meets the requirements of this Code section. 3494 JOURNAL OF THE SENATE (2) The commissioner shall provide tentative approval of the applications by the date provided in paragraph (3) of this subsection. In no event shall the aggregate amount of tax credits approved by the commissioner for all qualified employers under subsections (c) and (d) this Code section in a calendar year exceed: (A) One million dollars for credits earned in calendar year 2008; (B) One million dollars for credits earned in calendar year 2009; (C) One million dollar for credits earned in calendar year 2010; (D) One million dollars for credits earned in calendar year 2011; and (E) One million dollars for credits earned in calender year 2012. (3) The department shall notify each qualified business of the tax credits provided by subsections (c) and (d) tentatively that are approved and allocated to such employer by December 31st of the year in which the application was submitted. In the event that the credit amounts on the tax credit applications filed with the commissioner exceed the maximum aggregate limit of tax credits under this subsection, then the tax credits shall be allocated among the qualified business who filed a timely application on a pro rata basis based upon the amounts otherwise allowed by this Code section. Once the tax credit application has been approved and the amount approved has been communicated to the applicant, the qualified business may make qualified expenditures or incur qualified expenses approved for the tax credit at any time during the calendar year following the approval of the application. The qualified business may then apply the amount of the approved tax credit to its tax liability for the tax year or years for which the approved application applies. In the event the qualified business has a tax year other than a calendar year and the calendar year expenses are incurred in more than one taxable year, the credit shall be applied to each taxable year based upon when the expenses were incurred or expenditures made. (f) Where the amount of any credit allowed under this Code section exceeds a qualified businesss liability for such taxes in a taxable year, the excess may be taken as a credit against such qualified businesss quarterly or monthly payment under Code Section 487-103 or against taxes imposed under Chapter 8 of this title incurred in the construction, expansion, or operation of such qualified businesss manufacturing facility. 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. Regardless of such election, the taxpayer may at any time request a refund from the commissioner of taxes paid to the state under Chapter 8 of this title, which refund shall be deducted from the amount available to be otherwise credited under this Code section. For any one taxable year the amounts taken as a credit under subsection (b) of this Code section against the qualified businesss quarterly or monthly payments under Code Section 48-7-103 or against taxes imposed under Chapter 8 of this title may not in the aggregate exceed $5,500.00 per eligible full-time employee job. Each employee TUESDAY, APRIL 1, 2008 3495 whose employer receives credit against such qualified businesss quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. (g) No taxpayer shall be authorized to claim a credit for any job, qualified expenditure, or qualified research expense under this Code section if such taxpayer claims a credit for such job, qualified expenditure, or qualified research expense under any other provision of this article. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) E Jones E Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman 3496 JOURNAL OF THE SENATE Y Hamrick Y Harbison Y Harp Y Hawkins Y Powell Y Ramsey Y Reed Y Rogers Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 3. HB 1249, having received the requisite constitutional majority, was passed by substitute. HB 1277. By Representatives Kaiser of the 59th and Holt of the 112th: A BILL to be entitled an Act to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for teachers and other school personnel in elementary and secondary education, so as to provide for teachers and employees of charter schools to be considered employees for purposes of participating in the health insurance plans for teachers and other school personnel; 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 Y Brown Y Bulloch N Butler Y Carter Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) E Jones E Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber TUESDAY, APRIL 1, 2008 3497 Y Harbison Y Harp Y Hawkins Y Ramsey Y Reed Y Rogers Y Wiles Williams On the passage of the bill, the yeas were 47, nays 1. HB 1277, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Smith of the 52nd Weber of the 40th HB 1299. By Representatives Jacobs of the 80th, Cooper of the 41st, Willard of the 49th, Geisinger of the 48th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to require that certain hospital authorities contract with nonprofit corporations for the operation and management of its hospitals; to provide for definitions; to provide that a hospital authority that is not in compliance shall not receive trauma funding; to provide for enforcement; to provide that failure to contract with a nonprofit organization shall be considered a minimum function of a hospital authority for purposes of removal of members; to provide that the Georgia Trauma Care Network Commission shall withhold trauma funds from a hospital authority which does not contract with a nonprofit organization; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Shafer of the 48th. The Senate Government Oversight Committee offered the following substitute to HB 1299: A BILL TO BE ENTITLED AN ACT To amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to enact the "Public Hospital Integrity Act"; to provide for a short title; to provide definitions; to prohibit certain conflicts of interest; to prohibit a public hospital from entering into or enforcing confidential settlement agreements with a federally or state protected whistleblower; to provide for legislative findings; to provide that any such agreements are void and unenforceable; to provide for applicability of open meetings and open records laws; to provide for related matters; to repeal conflicting laws; and for other purposes. 3498 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be referred to as the "Public Hospital Integrity Act." SECTION 2. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, is amended by adding new Code sections to read as follows: "31-7-75.3. (a) As used in this Code section, the term: (1) 'Competitor' means any hospital licensed as a general hospital by the department, including a critical access hospital, which is operating within five miles of a public hospital. (2) 'Governing capacity' means service as a member of a hospital authority or a director of a nonprofit hospital management corporation. (3) 'Immediate family member' means spouse, parent, sibling, or child. (4) 'Major vendor of the public hospital' means any person or entity which receives more than $10,000.00 per year in payments from the public hospital other than for public utilities; provided, however, that this term shall not include the chief executive officer of the public hospital who receives payments limited to compensation and benefits. (5) 'Nonprofit hospital management corporation' means a nonprofit corporation qualified as exempt or which has submitted an application for exemption from federal income taxation under Section 501(c)(3) of the Internal Revenue Code created to manage a public hospital under contract with a hospital authority pursuant to Code Section 31-7-74.3 or other applicable laws. (6) 'Public hospital' means a hospital organized under this article by a resolution or ordinance of the governing bodies of two or more counties. (b) No individual shall be eligible to serve in a governing capacity of a public hospital if that individual or any immediate family member of such individual is an employee or independent contractor of the public hospital; provided, however, that the chief executive officer of the public hospital may serve in a governing capacity of the public hospital so long as said individual recuses himself or herself from all formal participation, including voting or discussion, in any matter before the hospital authority or nonprofit hospital management corporation related to the hiring, retention, discipline, compensation, or other employment matter related to the chief executive officer of the public hospital and does not communicate in any manner with any member of the hospital authority or the nonprofit hospital management corporation regarding any such matter. (c) No individual shall be eligible to serve in a governing capacity of a public hospital if that individual is an employee or director of a major vendor of the public hospital or has a financial interest in a major vendor of the public hospital. TUESDAY, APRIL 1, 2008 3499 (d) No individual shall be eligible to serve in a governing capacity of a public hospital if that individual is an employee or director of a competitor of the public hospital or has a financial interest in a competitor of the public hospital; provided, however, that an individual with such a financial interest serving in such a governing capacity as of July 1, 2008, may continue to serve so long as said individual recuses himself or herself from all formal participation, including voting or discussion, in any matter before the hospital authority or nonprofit hospital management corporation related to the competitor of the public hospital and does not communicate in any manner with any member of the hospital authority or the nonprofit hospital management corporation regarding any such matter. (e) This Code section shall be cumulative to: (1) Any conflict of interest provisions applicable to members of hospital authorities contained in this article; (2) Any conflict of interest provisions applicable to directors of nonprofit corporations contained in Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code'; and (3) Any other conflict of interest provisions adopted by the hospital authority or nonprofit hospital management corporation. 31-7-75.4. (a) The General Assembly finds that: (1) It has long been the practice and policy of the Attorney General to not litigate or settle any matter involving the State of Georgia or any state agency under seal; (2) Confidential or secret settlements involving government agencies violate public policy and undermine the principles of open government; and (3) The use of confidential or secret settlement agreements to obtain or enforce the silence of federally or state protected whistleblowers is an especially egregious violation of public policy. (b) No public hospital may enter into a secret or confidential settlement agreement with any individual who is protected under the federal Whistleblower Protection Act of 1989 or Code Section 45-1-4 or participate in any effort to enforce such an agreement. (c) No public hospital may enter into an agreement with any individual who is protected under the federal Whistleblower Protection Act of 1989 or Code Section 45-1-4 under which payment is made to said individual in consideration of any promise of secrecy, confidentiality, nondisclosure, nonpublication, or nondisparagement. No public hospital may participate in any effort to enforce such an agreement. (d) Any agreement entered into in contravention of this Code section shall be void and unenforceable. 31-7-75.5. A nonprofit hospital management corporation, as defined in Code Section 31-7-75.3, shall be subject to 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." 3500 JOURNAL OF THE SENATE SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Heath of the 31st, Pearson of the 51st, Douglas of the 17th, Mullis of the 53rd, Rogers of the 21st and others offered the following amendment #1: Amend the substitute to HB 1299 (LC 33 2647S) by inserting after the semicolon on line 7 of page 1 the following: to provide for limitations on the provision of abortions by public hospitals; By striking the quotation mark on line 25 of page 3 and inserting immediately thereafter the following: 31-7-75.6. A public hospital shall not authorize or permit the performance of abortion procedures in or under the auspices of any hospital under its management or control; provided, however, that abortion procedures shall be allowed solely to preserve the life of the pregnant woman." Senator Adelman of the 42nd requested a ruling of the Chair as to the germaneness of the amendment. The President Pro Tempore ruled the Heath et al. amendment #1 to the committee substitute germane. Senator Adelman of the 42nd appealed the ruling of the President Pro Tempore. On the motion, the yeas were 27, nays 16 the motion prevailed and the ruling of the President Pro Tempore was sustained. Senator Shafer of the 48th offered the following amendment #1a: Amend amendment # 1 to the Senate committee substitute to HB 1299 by striking lines 7 through 10 and inserting the following: "No public hospital as defined by Code Section 31-7-75.3 (a) (6) shall authorize or permit the performance of an abortion procedure in violation of federal or state law or that is not covered for reimbursement by Medicaid." Senator Harp of the 29th moved the previous question. There was no objection and the previous question was ordered. On the adoption of the Shafer amendment #1a, the President asked for unanimous TUESDAY, APRIL 1, 2008 3501 consent. Senator Seabaugh of the 28th objected. On the adoption of the amendment, the yeas were 24, nays 13, and the Shafer amendment #1a to the Heath et al amendment #1 to the committee substitute was adopted. On the adoption of the Heath et al. amendment #1 as amended by the Shafer amendment #1a, the President asked for unanimous consent. Senator Henson of the 41st objected. On the adoption of the amendment, the yeas were 30, nays 16, and the Heath et al. amendment #1 to the committee substitute was adopted as amended. Senator Shafer of the 48th offered the following amendment #2: Amend the Senate Government Oversight Committee substitute to HB 1299 by striking line 17 of page 1 and inserting in its place the following: (a) As used in this Code section, Code Section 31-7-75.4, and Code Section 31-7-75.5, the term: On the adoption of the amendment, there were no objections, and the Shafer amendment #2 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert N Davenport Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) E Jones E Me V Bremen Y Schaefer Y Seabaugh N Seay Y Shafer,D E Smith Y Staton N Stoner N Tarver N Tate Y Thomas,D 3502 JOURNAL OF THE SENATE Y Douglas N Fort Y Goggans Y Golden Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey N Reed Y Rogers N Thomas,R Thompson,C N Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 33, nays 16. HB 1299, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: SB 154. By Senators Murphy of the 27th, Pearson of the 51st, Johnson of the 1st, Rogers of the 21st, Shafer of the 48th and others: A BILL to be entitled an Act to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable only to municipal corporations, so as to provide that municipal corporations and newly incorporated municipalities enter into certain agreements with solid waste collection firms providing services for the territory annexed or incorporated; 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 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for nonexclusive franchise agreements with respect to certain open top rolloff dumpsters; to provide that certain exclusive franchise agreements are against public policy; to provide definitions; to require that certain contracts shall be honored by municipalities or other government entities; to provide for definitions; to provide for certain restrictions on certain actions taken by local governments; to place certain requirements on solid waste collection firms; to provide for additional requirements regarding certain excess funds of special districts divided into noncontiguous areas; 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: TUESDAY, APRIL 1, 2008 3503 SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding new Code sections to read as follows: "36-60-26. The governing authority of any county or municipality in this state is authorized to enter into nonexclusive franchise agreements with private persons, firms, associations, or corporations with respect to open top rolloff dumpsters which are 22 feet or less in length placed at construction sites for the collection and disposal of construction debris or inert debris. Such governing authority shall not impose any fee for such nonexclusive franchise agreements. It shall be against the public policy of this state for the governing authority of any county or municipality to enter into an exclusive franchise agreement with private persons, firms, associations, or corporations with respect to such dumpsters to be placed at such sites." "36-80-22. (a) As used in this Code section, the term: (1) 'Agreement' means any written private contract for solid waste collection services between a firm and any commercial client. (2) 'Commercial client' means any private, nonresidential business entity or person required to have a business license who contracts with a firm for solid waste collection services. (3) 'Displacement' means the displacing of any firms agreement by annexation, deannexation, or incorporation of a municipality. (4) 'Firm' means a private solid waste collection firm. (5) 'Governmental action' means the invalidation of any firms existing agreement by a local government by a law, rule, or regulation, provided that such law, rule, or regulation is not enacted pursuant to an emergency as declared by the governing authority of the local government. (6) 'Local government' means a county, municipal corporation, or any countymunicipal consolidated government. (b) Prior to a firm receiving any protection under this Code section, the firm shall first establish that at least 30 days prior to the effective date of any governmental action or displacement, the firm is providing solid waste collection services in the county or municipality pursuant to an agreement. (c) A firms agreement with a private commercial entity or person that meets the requirements of subsection (b) of this Code section shall not be invalidated by any governmental action or displacement. This subsection shall not prevent commercial clients from discontinuing an agreement with a firm pursuant to the terms of any agreement such commercial client may have with a firm. (d) Notwithstanding the provisions of this Code section, in order to protect the public health and safety, a local government shall have the authority to adopt local laws, rules, or regulations establishing standards and procedures for the collection and disposal of solid waste and recyclables generated by a commercial client." 3504 JOURNAL OF THE SENATE SECTION 2. Said title is further amended in Code Section 36-31-12, relating to special districts divided into noncontiguous areas, by revising subsection (b) as follows: "(b)(1) 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. (2) If, on the effective date of this paragraph: (A) Excess proceeds remain following the expenditure required under paragraph (1) of this subsection; and (B) All of the area within the special district shall have become incorporated within one or more municipalities, then the excess proceeds shall be disbursed within 60 days to the governing authority of each municipality which has incorporated any portion of the area of the special district. The amount of proceeds to be disbursed to each municipality shall be determined on a pro rata basis using as a denominator the total value of all tax parcels within the special district and as a numerator the total value of all tax parcels which were incorporated within each municipality. (3) If, on the effective date of this paragraph: (A) Excess proceeds remain from the collection of any special district taxes, fees, and assessments; and (B) A new municipality shall have been created from within such special district such that the special district shall have been diminished in size but not all of the special district shall have been incorporated within one or more municipalities, then the excess proceeds shall be disbursed within 60 days to the governing authority of each municipality which has incorporated any portion of the area of the special district. The amount of proceeds to be disbursed to each municipality shall be determined on a pro rata basis using as a denominator the total value of all tax parcels within the special district and as a numerator the total value of all tax parcels which were incorporated within each municipality." 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 Murphy of the 27th asked unanimous consent that the Senate disagree to the TUESDAY, APRIL 1, 2008 3505 House substitute to SB 154. The consent was granted, and the Senate disagreed to the House substitute to SB 154. The following Senators were excused for business outside the Senate Chamber: Mullis of the 53rd Seabaugh of the 28th The Calendar was resumed. HB 280. By Representatives Manning of the 32nd, Johnson of the 37th, Tumlin of the 38th, Teilhet of the 40th, Mumford of the 95th 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 of marijuana flavored products to minors; to provide for a penalty; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Stoner of the 6th. The Senate Agriculture and Consumer Affairs Committee offered the following substitute to HB 280: 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 of marijuana flavored products to minors; to provide for a penalty; 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 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, is amended by inserting a new Code section to read as follows: "16-13-30.6. (a) As used in this Code section, the term: (1) 'Marijuana flavored product' means any product, including lollipops, gumdrops, or other candy, which is flavored to taste like marijuana or hemp. The term shall 3506 JOURNAL OF THE SENATE include, but is not limited to, 'Chronic Candy,' 'Kronic Kandy,' or 'Pot Suckers.' (2) 'Minor' means any person under the age of 18 years. (3) 'Person' means any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, limited liability company, joint venture, joint stock association, or other entity or business organization of any kind. (b) The General Assembly finds and determines that: (1) According to the '2004 Monitoring the Future Study' conducted by the University of Michigan, 16.3 percent of eighth graders, 35.1 percent of tenth graders, and 45.7 percent of twelfth graders reported using marijuana at least once during their lifetimes; (2) According to a 2002 Substance Abuse and Mental Health Service Administration report, 'Initiation of Marijuana Use: Trends, Patterns and Implications,' the younger children are when they first use marijuana, the more likely they are to use cocaine and heroin and become drug dependent as adults; (3) Marijuana abuse is associated with many negative health effects, including frequent respiratory infections, impaired memory and learning, increased heart rate, anxiety, and panic attacks; (4) Marijuana users have many of the same respiratory problems that are associated with tobacco use; (5) According to the '2001 National Household Survey on Drug Abuse,' marijuana is the nations most commonly used illicit drug, and more than 83,000,000 Americans aged 12 and older have tried marijuana at least once; (6) Use of marijuana has been shown to lower test scores among high school students, and workers who smoke marijuana are more likely to have problems on their jobs; (7) Federal, state, and local governments spend millions of dollars annually on programs educating people about the hazards of drugs, and the marketing of marijuana flavored substances would have an adverse impact upon these programs; (8) The sale of marijuana flavored products, including lollipops and gum drops, which claim 'every lick is like taking a hit' is a marketing ploy that perpetuates an unhealthy culture and should not be permitted in the State of Georgia; (9) Marijuana flavored products are a threat to minors in the State of Georgia because such products give the false impression that marijuana is fun and safe; (10) Marijuana flavored products packaged as candy or lollipops falling into the hands of unsuspecting minors may serve as a gateway to future use of marijuana and other drugs; and (11) Merchants who sell marijuana flavored products are promoting marijuana use and creating new customers for drug dealers in the State of Georgia. Therefore, the purpose of this law is to prohibit the purchase and sale of marijuana flavored products to minors in the State of Georgia. (c) It shall be unlawful for any person knowingly to sell, deliver, distribute, or provide to a minor or knowingly possess with intent to sell, deliver, distribute, or provide to a minor any marijuana flavored product in the State of Georgia. TUESDAY, APRIL 1, 2008 3507 (d) It shall be unlawful for any minor falsely to represent to any person that such minor is 18 years of age or older with the intent to purchase or otherwise obtain any marijuana flavored product. (e) Any person who violates subsection (c) of this Code section shall be guilty of a misdemeanor and shall be subject to a fine of $1,000.00 for each offense. Each sale in violation of this Code section shall constitute a separate offense." SECTION 2. This Act shall become effective on July 1, 2008, and shall apply to offenses committed 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, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman N Balfour Y Brown Y Bulloch Y Butler Y Carter Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins N Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson (PRS) E Jones E Me V Bremen Y Moody E Mullis Y Murphy Y Orrock Y Pearson Y Powell Ramsey Y Reed N Rogers Y Schaefer E Seabaugh Y Seay Y Shafer,D E Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 42, nays 3. 3508 JOURNAL OF THE SENATE HB 280, having received the requisite constitutional majority, was passed by substitute. Senator Williams of the 19th moved that the Senate adjourn until 10:00 a.m. Wednesday, April 2, 2008. The motion prevailed, and Senator Eric Johnson, President Pro Tempore, announced the Senate adjourned at 8:28 p.m. WEDNESDAY, APRIL 2, 2008 3509 Senate Chamber, Atlanta, Georgia Wednesday, April 2, 2008 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 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 55. By Senators Unterman of the 45th, Staton of the 18th, Balfour of the 9th, Orrock of the 36th, Harp of the 29th and others: 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 offpremises 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. SB 213. By Senators Shafer of the 48th, Hudgens of the 47th and Moody of the 56th: A BILL to be entitled an Act to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general 3510 JOURNAL OF THE SENATE requirements for transaction of insurance, so as to provide that the Commissioner of Insurance is authorized to waive retaliatory obligations, prohibitions, or restrictions under certain circumstances; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 363. By Senators Hawkins of the 49th, Goggans of the 7th, Thomas of the 54th, Moody of the 56th and Murphy of the 27th: A BILL to be entitled an Act to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to provide for advanced dental education programs; to revise definitions; to revise certain provisions relating to qualifications for a teachers or instructors license; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 453. By Senators Unterman of the 45th, Butler of the 55th, Tate of the 38th, Seay of the 34th, Davenport of the 44th 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 add the state as an entity authorized to govern certain criminal activity in areas designated for recreation purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 469. By Senators Harp of the 29th and Thomas of the 54th: A BILL to be entitled an Act to amend Code Section 31-7-12 of the Official Code of Georgia Annotated, relating to personal care homes, so as to revise the definition of "personal care home"; to amend Code Section 37-120 of the Official Code of Georgia Annotated, relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, so as to provide guidelines for and oversight of host homes by the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources; to define "host home"; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute to the following Bills of the House: WEDNESDAY, APRIL 2, 2008 3511 HB 649. By Representatives Smith of the 168th, Williams of the 178th, Lane of the 167th, Sims of the 169th, Shaw of the 176th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, 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 an audit; 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 Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1016. By Representatives Lane of the 158th, Burns of the 157th, Knight of the 126th and Jerguson of the 22nd: A BILL to be entitled an Act to amend Code Section 27-4-151 of the Official Code of Georgia Annotated, relating to the use of crab traps, identification of boats or vessels, and closure of salt waters, so as to provide the commissioner of natural resources the ability to manage certain aspects of the blue crab resource; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1105. By Representatives Sheldon of the 105th, Cooper of the 41st, Rynders of the 152nd, Carter of the 159th and Channell of the 116th: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to require hospitals to offer certain vaccinations to inpatients aged 65 years or older; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1132. By Representatives Lindsey of the 54th, Tumlin of the 38th, Ashe of the 56th, Teilhet of the 40th, Willard of the 49th and others: A BILL to be entitled an Act to amend Title 44 of the O.C.G.A., relating to property, so as to enact the "Uniform Environmental Covenants Act"; to provide for a short title; to define terms; to provide for the nature of rights and subordination of interests; to provide for the contents of an 3512 JOURNAL OF THE SENATE environmental covenant; to provide for validity and the effect on other instruments; to provide for the relationship between environmental covenants and other land use laws; to provide for notice of an environmental covenant; to provide for recording of environmental covenant; to provide for duration of environmental covenant and amendment by court action; to provide for amendment or termination of an environmental covenant by consent; to provide for enforcement of environmental covenants; to provide for a registry of environmental covenants and substitute notice of environmental covenants; 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 1310. By Representatives Cole of the 125th and Knight of the 126th: A RESOLUTION authorizing the State Properties Commission to enter into appropriate boundary line dispute agreements pertaining to real property in Butts, Lamar, and Monroe Counties, Georgia, and the conveyance of state property for such purposes; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate amendment to the following Bill of the House: HB 1041. By Representatives Cooper of the 41st, Wilkinson of the 52nd, Rynders of the 152nd, Willard of the 49th, Maddox of the 172nd and others: A BILL to be entitled an Act 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 eliminate obsolete language relating to graduate nurses; to require fingerprint record checks for applicants for licensure as a registered professional nurse; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate amendments to the following Bill of the House: HB 1126. By Representative Horne of the 71st: A BILL to be entitled an Act to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, relating to downtown development authorities, so as to provide that one director of a downtown development authority may reside outside the county provided that such director own a business in the downtown development area; to provide for related matters; to repeal conflicting laws; and for other purposes. WEDNESDAY, APRIL 2, 2008 3513 The following House legislation was read the first time and referred to committee: HB 1416. By Representatives Ramsey of the 72nd, Yates of the 73rd, Fludd of the 66th and Abdul-Salaam of the 74th: A BILL to be entitled an Act to amend an Act creating the State Court of Fayette County, approved April 13, 1994 (Ga. L. 1994, p. 4980), as amended, so as to change qualifications of the state court judge; to change statutory right to a jury trial; to change peremptory strikes; to change the compensation of the judge; to change the compensation of the solicitor; 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 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 1285 SR 1288 SR 1289 Do Pass Do Pass Do Pass SR 1291 SR 1292 SR 1300 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 552 HB 828 HB 999 HB 1001 HB 1008 HB 1012 HB 1013 HB 1185 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 1352 HB 1407 HB 1448 HB 1453 HB 1457 HB 1459 HB 1466 HB 1468 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass 3514 JOURNAL OF THE SENATE HB 1205 HB 1255 HB 1261 HB 1285 HB 1329 Do Pass Do Pass Do Pass Do Pass Do Pass by substitute HB 1473 HB 1474 HB 1475 HB 1477 HB 1485 Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Wiles of the 37th District, Chairman The following Senators were excused for business outside the Senate Chamber: Hill of the 4th Thompson of the 33rd The roll was called and the following Senators answered to their names: Adelman Balfour Brown Bulloch Butler Chance Chapman Cowsert Davenport Douglas Golden Grant Hamrick Harbison Harp Hawkins Heath Henson Hill,Judson Hooks Jackson Johnson Jones Me V Bremen Mullis Murphy Orrock Pearson Powell Ramsey Reed Rogers Seabaugh Seay Smith Staton Stoner Tarver Tate Thomas,D Thomas,R Thompson,C Tolleson Unterman Weber Wiles Williams Not answering were Senators: Carter Hill, Jack (Excused) Schaefer Fort Hudgens Shafer Goggans Moody Thompson, S (Excused) The members pledged allegiance to the flag. Senator Tate of the 38th introduced the chaplain of the day, Reverend Bernice Kirkland of Atlanta, Georgia, who offered scripture reading and prayer. WEDNESDAY, APRIL 2, 2008 3515 The following resolutions were read and adopted: SR 1301. By Senator Meyer von Bremen of the 12th: A RESOLUTION honoring and commending Louise Darley on the occasion of her retirement; and for other purposes. SR 1302. By Senator Grant of the 25th: A RESOLUTION honoring and remembering the life of Mr. Willie Lee "Bubba" Jackson, Sr.; and for other purposes. SR 1303. By Senators Reed of the 35th, Seay of the 34th, Orrock of the 36th, Tate of the 38th and Fort of the 39th: A RESOLUTION recognizing March 29, 2008, from 8:00 P.M. to 9:00 P.M., as "Earth Hour"; and for other purposes. SR 1304. By Senators Henson of the 41st, Ramsey, Sr. of the 43rd, Tate of the 38th, Orrock of the 36th, Fort of the 39th and others: A RESOLUTION recognizing and commending Sylvia Wygoda; and for other purposes. SR 1305. By Senators Staton of the 18th and Chance of the 16th: A RESOLUTION commending and recognizing Sheriff John Cary Bittick on being the recipient of the National Sheriffs' Association Ferris E. Lucas National Sheriff of the Year award for 2008; and for other purposes. SR 1306. By Senators Heath of the 31st, Hamrick of the 30th, Williams of the 19th, Johnson of the 1st, Pearson of the 51st and others: A RESOLUTION recognizing and honoring the life of Mr. Harold T. (Hal) Echols; and for other purposes. SR 1307. By Senators Heath of the 31st, Hamrick of the 30th, Williams of the 19th, Johnson of the 1st, Pearson of the 51st and others: A RESOLUTION recognizing and honoring the life of Mr. John Wesley Rakestraw; and for other purposes. 3516 JOURNAL OF THE SENATE SR 1308. By Senators Heath of the 31st, Hamrick of the 30th, Williams of the 19th, Johnson of the 1st, Pearson of the 51st and others: A RESOLUTION recognizing and honoring the life of Mr. Steve Simpson; and for other purposes. SR 1309. By Senator Smith of the 52nd: A RESOLUTION honoring and celebrating the birth of Natalia Desiree Jones; and for other purposes. The following legislation, favorably reported by the committees, as listed on the Senate Consent Calendar for Resolutions Expressing the Will of the Senate, was put upon its adoption. SENATE EXPRESSING THE WILL OF THE SENATE WEDNESDAY, APRIL 2, 2008 THIRTY-NINTH LEGISLATIVE DAY SR 1007 Ga. Congressional Delegation; urged to oppose efforts by U.S. Environmental Protection Agency; air quality standard more strict (Substitute)(NR&E-18th) SR 1165 Emergency Medical Services Personnel; urge State of Georgia to provide specialized training by creating/funding an EMS instructor (RULES-16th) SR 1202 Surgeon General of the Army and the Chief, National Guard Bureau; urged to change existing policy; Warfighter Refractive Eye Surgery (RULES-27th) SR 1291 Board of Regents; urged to name student resource center in honor of Dr. G. Wayne Clough at Georgia Institute of Technology (RULES-25th) SR 1292 Georgia; urged to provide specialty training of Emergency Medical Services personnel (RULES-16th) SR 1293 Emergency Medical Services of Public Health; urged to create state licensure examinations for emergency medical technicians/paramedics (RULES-17th) SR 1300 Governor; urged to exercise executive authority with respect to collection of taxes (RULES-11th) WEDNESDAY, APRIL 2, 2008 3517 Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The substitute to the following resolution was put upon its adoption: *SR 1007: The Senate Natural Resources and the Environment Committee offered the following substitute to SR 1007: A RESOLUTION Relating to federal environmental quality standards; and for other purposes. WHEREAS, the United States Environmental Protection Agency on June 20, 2007, proposed to tighten the eight-hour ground level ozone national ambient air quality standard from its present standard of 0.08 ppm to between 0.07 and 0.075 ppm, with discussions of a standard as low as 0.065 ppm; and WHEREAS, tightening of the ground level ozone national ambient air quality standard would increase the number of counties in the United States that are designated as nonattainment counties and would move some nonattainment counties into more severe nonattainment levels; and WHEREAS, to meet a tightened national ambient air quality standard, nonattainment areas would need to reduce ozone precursors, i.e., volatile organic compounds and nitrogen oxides; and WHEREAS, a recent study prepared by NERA Economic Consulting and Sierra Research for the National Association of Manufacturers contains some alarming conclusions concerning the effects of a tightened national ambient air quality standard on the metropolitan Atlanta area; and WHEREAS, the study found that, for the Atlanta area, the maximum implementation of all identified controls from the regulatory impact analysis of the Environmental Protection Agency would not result in the area meeting the tightened national ambient air quality standard, and additional measures would be needed to attempt to meet the standard; and WHEREAS, the study concludes that it will cost the Atlanta area $9.8 billion annually to meet a 0.07 ppm standard and $17.9 billion annually to meet a 0.065 ppm standard in 2020 and beyond; and 3518 JOURNAL OF THE SENATE WHEREAS, the economic impact on the Atlanta area in 2025 of a 0.07 ppm standard using 2007 dollars would be the loss of $11.5 billion in gross regional product, 79,300 jobs, $8.9 billion in disposable income, 112,800 people, and $330.9 million in state tax revenue; and WHEREAS, the economic impact on the Atlanta area in 2025 of a 0.065 ppm standard using 2007 dollars would be the loss of $20.8 billion in gross regional product, 143,200 jobs, $16.1 billion in disposable income, 204,500 people, and $603 million in state tax revenue; and WHEREAS, these impacts could easily cripple the economy of the Atlanta area and have profound impacts on its citizens; and WHEREAS, greater flexibility in meeting air quality standards is needed; and WHEREAS, greater focus should be placed on tools such as early action compacts and sequencing of standards; and WHEREAS, analyses of costs and benefits of quality standards should be considered in all federal environmental legislation and regulations. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body urge the Georgia congressional delegation to oppose efforts by the United States Environmental Protection Agency to make air quality standards more strict, support more flexibility in attaining environmental quality standards, and support costs and benefits analyses of federal environmental legislation and regulations. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to each member of the Georgia congressional delegation and the administrator of the United States Environmental Protection Agency. On the adoption of the substitute, the yeas were 48, 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 Senate Consent Calendar for Resolutions Expressing the Will of the Senate, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Brown Y Heath Y Henson E Hill,Jack Y Schaefer Y Seabaugh Y Seay WEDNESDAY, APRIL 2, 2008 3519 Y Bulloch Y Butler Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams On the adoption of the legislation, the yeas were 48, nays 0. The legislation on the Senate Consent Calendar for Resolutions Expressing the Will of the Senate, except SR 1007, having received the requisite constitutional majority, was adopted. SR 1007, having received the requisite constitutional majority, was adopted by substitute. Senator Wiles of the 37th was excused for business outside the Senate Chamber. The following legislation, favorably reported by the committees, as listed on the Senate Contested Calendar for Resolutions Expressing the Will of the Senate, was put upon its adoption. SENATE CONTESTED CALENDAR FOR RESOLUTIONS EXPRESSING THE WILL OF THE SENATE WEDNESDAY, APRIL 2, 2008 THIRTY-NINTH LEGISLATIVE DAY SR 827 U.S. Congress; urged to withdraw the United States from the Security and Prosperity Partnership of North America (VM&HS-50th) SR 1172 Congress, Governmental Agencies, Automobile Industry; urged to substitute the term "life belt" for "seat belt" and "life bag" for "air bag" (RULES-10th) 3520 JOURNAL OF THE SENATE Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee SR 827. By Senators Schaefer of the 50th, Hudgens of the 47th, Unterman of the 45th, Chapman of the 3rd, Staton of the 18th and others: A RESOLUTION urging the United States Congress to withdraw the United States from the Security and Prosperity Partnership of North America and from any other bilateral or multilateral activity that seeks the economic merger of the United States with any other country; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: N Adelman Y Balfour Brown N Bulloch N Butler Y Carter Chance Y Chapman Y Cowsert N Davenport Y Douglas Fort Y Goggans N Golden N Grant Y Hamrick N Harbison N Harp Y Hawkins Y Heath N Henson E Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey Reed Y Rogers Y Schaefer Y Seabaugh N Seay Shafer,D Smith Y Staton N Stoner Y Tarver N Tate Y Thomas,D N Thomas,R Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber C Wiles Y Williams On the adoption of the resolution, the yeas were 27, nays 18. SR 827, having failed to receive the requisite constitutional majority, was lost. Senator Seabaugh of the 28th gave notice that at the proper time he would move that the WEDNESDAY, APRIL 2, 2008 3521 Senate reconsider its action on SR 827: The President set the time to entertain the motion for reconsideration at not less than ten minutes from now. Senator Smith of the 52nd was excused for business outside the Senate Chamber. SR 1172. By Senator Jones of the 10th: A RESOLUTION urging Congress, governmental agencies, and the automobile industry to substitute the term "life belt" for "seat belt" and "life bag" for "air bag"; 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 N Balfour Y Brown Bulloch Y Butler N Carter Y Chance Y Chapman N Cowsert Y Davenport Y Douglas Fort N Goggans Y Golden N Grant Hamrick Y Harbison N Harp Y Hawkins N Heath Y Henson E Hill,Jack N Hill,Judson Y Hooks N Hudgens Y Jackson Y Johnson Y Jones Me V Bremen Moody N Mullis Y Murphy Y Orrock N Pearson Y Powell Y Ramsey Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D E Smith Y Staton Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R Thompson,C E Thompson,S Y Tolleson N Unterman Y Weber C Wiles Y Williams On the adoption of the resolution, the yeas were 29, nays 17. SR 1172, having received the requisite constitutional majority, was adopted. The following legislation, favorably reported by the committees, as listed on the Senate 3522 JOURNAL OF THE SENATE Consent Calendar for Resolutions Creating Study Committees/Commissions, was put upon its adoption. SENATE CONSENT CALENDAR FOR RESOLUTIONS CREATING STUDY COMMITTEES/COMMISSIONS WEDNESDAY, APRIL 2, 2008 THIRTY-NINTH LEGISLATIVE DAY SR 428 Senate Railroad Safety and Security Study Committee; create (Substitute) (TRANS-53rd) SR 767 Health Care Transformation; create Senate Study Committee (RULES-32nd) SR 788 Brain Injury Related Neurobehavioral Issues; create Senate Study Committee (Substitute)(H&HS-54th) SR 1020 Senate Sexual Exploitation of Minors Study Committee; create (H&HS-45th) SR 1093 Creation of a Georgia MethCheck Data Base; create Senate Study Committee; appointment (JUDY-55th) SR 1097 Future of Manufacturing in Georgia; create Senate Study Committee; appointment (ECD-21st) SR 1113 Daylight Saving Time; create Senate Study Committee (RULES-29th) SR 1147 Fleeing and Law Enforcement Pursuits; create Senate Study Committee (PUB SAF-17th) SR 1166 Senate Public and Legal Notices Study Committee; create (RULES-18th) SR 1167 Senate Local Sales Tax Collection Study Committee; Local Sales Tax Collection Advisory Committee; create (RULES-21st) SR 1187 Senate Children's Mental Health in Georgia Study Committee; create (RULES-54th) SR 1188 Senate Alzheimer's Disease and Other Dementias Study Committee; create (RULES-36th) SR 1201 Senate Biodiesel Fuel Study Committee; create (RULES-20th) WEDNESDAY, APRIL 2, 2008 3523 SR 1213 SR 1244 SR 1247 SR 1254 SR 1281 SR 1285 SR 1288 SR 1289 Senate Education Funding Mechanisms Review Study Committee; create (RULES-56th) Senate Accessibility Study Committee; create (RULES-36th) Senate Study Committee on Community Base Giving Tax Credits; create (RULES-3rd) Senate Victim's Rights Study Committee; create (RULES-30th) Senate Roadside Enhancement and Beautification Study Committee; create (RULES-31st) Senate Prior Approval and Prescription Drugs Study Committee; create (RULES-27th) Senate Study Committee on the Organization of Mental Health, Developmental Disabilities, and Addictive Diseases Services; create (RULES-5th) Senate Exemptions for Purposes of Bankruptcy Study Committee; create (RULES-22nd) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The substitute to the following resolution was put upon its adoption: *SR 428: The Senate Transportation Committee offered the following substitute to SR 428: A RESOLUTION To create the Senate Railroad Safety and Security Study Committee; and for other purposes. WHEREAS, rail transport is an energy efficient means of mechanized land transport that can save energy compared with other forms of transportation; and 3524 JOURNAL OF THE SENATE WHEREAS, under the right circumstances, a train needs 50 to 70 percent less energy to transport a given tonnage of freight or given number of passengers than does road transport; and WHEREAS, much of today's shipping utilizes railroads to deliver goods through cargo containers that combine railroads and trucks to get goods to their destinations; and WHEREAS, this transportation mechanism contributes greatly to the American economy and should be encouraged in light of the energy savings and efficiencies possible with its use; and WHEREAS, since a significant amount of the goods in commerce move over the rails in our state, we need to ensure the safety and security of such rail transport; and WHEREAS, in addition to protecting the movement of freight in our state, railroads are being viewed increasingly as a possible option for further alleviating traffic congestion and commutes in our state and improving safety by reducing the number of automobiles on our busiest highways; and WHEREAS, all of these factors create a need for a close examination of railroad safety and security and to determine if legislation is needed to ensure the continued safety and security of rail transport in Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Railroad Safety and Security Study Committee to be composed of five members of the Senate appointed by the Lieutenant Governor. The Lieutenant Governor shall designate one of the members of the committee to serve as chairperson of the committee. The chairperson shall call all meetings of the committee. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation that the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate. In the event that the committee makes a report of its findings and recommendations with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2008. The committee shall stand abolished on December 31, 2008. WEDNESDAY, APRIL 2, 2008 3525 On the adoption of the substitute, the yeas were 47, nays 0, and the committee substitute was adopted. The substitute to the following resolution was put upon its adoption: *SR 788: The Senate Health and Human Services Committee offered the following substitute to SR 788: A RESOLUTION Creating the Senate Study Committee on Brain Injury Related Neurobehavioral Issues in Georgia; and for other purposes. WHEREAS, there is concern over the unmet needs of people with brain injury related neurobehavioral issues in Georgia; and WHEREAS, neurobehavioral issues are problems with a persons ability to behave socially, communicate, and control emotions, which can result in a threat to themselves or others and which are caused by an injury to the brain such as traumatic brain injury or acquired brain injury; and WHEREAS, traumatic brain injury is the leading cause of death and disability for any American age 45 or younger; and WHEREAS, the Centers for Disease Control and Prevention estimate that there are 1.5 million new traumatic brain injuries every year in the United States, which are primarily caused by motor vehicle accidents, falls, sports injuries, and violence; and WHEREAS, among more than 42,000 Georgians with traumatic brain injury were treated and released from emergency departments in 2005, 6,320 sustained traumatic brain injuries were severe enough to require admission to the hospital; of these people with severe injuries, it is estimated that 34 percent of them will be permanently disabled; and WHEREAS, in addition, approximately 15,000 other Georgians each year are discharged from hospitals after receiving treatment for acquired brain injuries that are the result of strokes, tumors, and other medical conditions; and WHEREAS, these statistics only reveal the number of people treated for brain injuries in Georgia hospitals and do not include people who seek treatment from other medical facilities, out-of-state facilities, or not at all, nor do these figures include members of the military, where traumatic brain injury has been identified as the "signature wound" of the Iraq War; and 3526 JOURNAL OF THE SENATE WHEREAS, it is estimated that approximately 187,000 Georgians have a long-term or lifelong disability relating to a traumatic brain injury, and that, of these, it is estimated that up to 18,700 of them will require ongoing, intensive services and supports due to the neurobehavioral issues they present to their families and communities, and that this number does not include the number of people with neurobehavioral issues caused by acquired brain injury; and WHEREAS, in the United States, the average lifetime cost of care for a person with a moderate to severe brain injury can range from $600,000.00 to $1,875,000.00, and the costs for a person with a severe brain injury, including someone with significant neurobehavioral issues, can reach as high as $4,000,000.00, particularly when timely and appropriate services and rehabilitation have not been provided; and WHEREAS, neurobehavioral issues caused by brain injury must be distinguished from other cognitive behavioral disabilities such as mental illness or developmental disabilities because the problems, needs, and support strategies are very different, as well as because people with brain injury are generally not eligible to receive services from the mental health or developmental disabilities service systems; and WHEREAS, a coordinated system of care would significantly improve the quality of life for people with neurobehavioral issues, enable them to live in the community or the least restrictive and most appropriate community based setting possible, and reduce the use of state funds for inappropriate and ineffective services; and WHEREAS, a coordinated system of care for people with neurobehavioral issues currently does not exist in Georgia, and as a result of the lack of sufficient funding and appropriate and effective services, a large number of Georgians with neurobehavioral issues are ending up in costly settings such as nursing homes, prisons, or state hospitals, or they are placed out of state or end up homeless; and WHEREAS, such inappropriate placements are taking a significant toll on lives as well as the State of Georgia in terms of higher costs of care, lost wages, and lost opportunities to contribute both personally and economically to local communities; and WHEREAS, the Brain and Spinal Injury Trust Fund Commission has issued a detailed report on the needs of Georgians with neurobehavioral issues entitled "Georgias Neurobehavioral Crisis: Lack of Coordinated Care, Inappropriate Institutionalizations," which describes successful models for services and supports for people with neurobehavioral issues in other states. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Study Committee on Brain Injury Related Neurobehavioral Issues in Georgia to be composed of five members of the Senate appointed by the President of the Senate. WEDNESDAY, APRIL 2, 2008 3527 The President of the Senate shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee. In addition, the committee membership shall include five nonlegislative members to be comprised of the following: one person or the immediate family member of a person with neurobehavioral issues caused by brain injury, one provider of neurobehavioral services, one commission member of the Brain and Spinal Injury Trust Fund Commission, one member from the Department of Community Health, and one member from the Department of Labor. All nonlegislative members shall be appointed by the chairperson of the study committee. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and as described in the Brain and Spinal Injury Trust Fund Commissions report for the purpose of determining the infrastructure and funding necessary to develop and implement a coordinated system of care for people with brain injury related neurobehavioral issues and to recommend any action or legislation which the committee deems necessary or appropriate to accomplish this. BE IT FURTHER RESOLVED that the committee may conduct meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2008. The committee shall stand abolished on December 31, 2008. On the adoption of the substitute, the yeas were 47, nays 0, and the committee substitute was adopted. Senator Rogers of the 21st asked unanimous consent to amend SR 1167. There was no objection. The amendment to the following resolution was put upon its adoption: *SR 1167: Senators Rogers of the 21st and Williams of the 19th offered the following amendment: Amend SR 1167 by inserting on line 2 of page 1 following "Committee;" the following: 3528 JOURNAL OF THE SENATE to create the Senate Transferable Low-Income Housing Tax Credits Study Committee; By inserting immediately following line 25 of page 2 the following: BE IT FURTHER RESOLVED that there is created the Senate Transferable Low-Income Housing Tax Credits Study Committee to be composed of five members of the Senate to be appointed by the President of the Senate. The President of the Senate shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems related to the availability of low-income housing and related tax ramifications and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2008. The committee shall stand abolished on December 31, 2008. On the adoption of the amendment, the yeas were 47, nays 0, and the Rogers, Williams amendment was adopted. The report of the committee, which was favorable to the adoption of the legislation as reported, was agreed to. On the adoption of the legislation on the Senate Consent Calendar for Resolutions Creating Study Committees/Commissions, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Schaefer Y Seabaugh Y Seay Y Shafer,D E Smith Y Staton Y Stoner Y Tarver WEDNESDAY, APRIL 2, 2008 3529 Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed Y Rogers Y Tate Y Thomas,D Thomas,R Thompson,C E Thompson,S Y Tolleson Y Unterman Y Weber C Wiles Williams On the adoption of the legislation, the yeas were 47, nays 0. The legislation on the Senate Calendar, except SR 428, SR 788 and SR 1167, having received the requisite constitutional majority, was adopted. SR 428 and SR 788, having received the requisite constitutional majority, were adopted by substitute. SR 1167, having received the requisite constitutional majority, was adopted as amended. The following Senators were excused for business outside the Senate Chamber: Fort of the 39th Reed of the 35th The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Wednesday, April 2, 2008 Thirty-ninth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 552 Balfour of the 9th CITY OF SNELLVILLE A BILL to be entitled an Act to authorize the City of Snellville 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 3530 HB 828 HB 1008 HB 1255 HB 1261 JOURNAL OF THE SENATE 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. Schaefer of the 50th BANKS COUNTY A BILL to be entitled an Act to provide that Banks County shall be located within the North Georgia Technical College service delivery area; to repeal conflicting laws; and for other purposes. Hudgens of the 47th OGLETHORPE COUNTY WATER AUTHORITY A BILL to be entitled an Act to amend an Act creating the Oglethorpe County Water Authority, approved March 3, 1989 (Ga. L. 1989, p. 3605), so as to change the composition of the members of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes. Cowsert of the 46th CITY OF MONROE A BILL to be entitled an Act to create the Monroe Area Convention and Visitors Bureau Authority as a 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 Monroe, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the members 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. Balfour of the 9th CITY OF SNELLVILLE A BILL to be entitled an Act to authorize the City of Snellville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution, as amended, and HB 1329 HB 1352 HB 1407 WEDNESDAY, APRIL 2, 2008 3531 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. Johnson of the 1st BRYAN COUNTY WATER & SEWER AUTHORITY A BILL to be entitled an Act to create the Bryan County Water and Sewer Authority; to provide a short title; to provide for definitions; to provide for the appointment of members of the board; to provide for organization and rules; to provide for powers and duties; to provide for financing of projects; to provide for revenue bonds; to provide for trust indentures and sinking funds; to provide for jurisdiction, venue, and remedies; to provide for validation; to provide for certain trust funds; to provide for audits; to provide for immunity; to provide for rules and regulations; to provide for construction; to provide for supplemental powers; to provide for other related matters; to repeal conflicting laws; and for other purposes. (SUBSTITUTE) Goggans of the 7th ATKINSON COUNTY A BILL to be entitled an Act to create a board of elections and registration for Atkinson County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide for personnel and compensation; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Goggans of the 7th ATKINSON COUNTY A BILL to be entitled an Act to amend an Act creating the office of 3532 HB 1448 HB 1453 HB 1457 JOURNAL OF THE SENATE commissioner of roads and revenues in the County of Atkinson (now the board of commissioners of Atkinson County), approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved March 27, 1968 (Ga. L. 1968, p. 2882), an Act approved March 29, 1994 (Ga. L. 1994, p. 4418), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3791), so as to provide for the filling of vacancies on the board; to provide for the compensation for members of the board; to provide for the duties of the chairperson; to provide for a quorum and the number of votes necessary to take action by the board; to provide for the approval of certain disbursements and expenditures; to provide for related matters; to repeal conflicting laws; and for other purposes. Chance of the 16th TOWN OF TYRONE IN FAYETTE COUNTY A BILL to be entitled an Act to amend an Act to repeal and replace the charter of the Town of Tyrone in Fayette County, approved April 17, 1975 (Ga. L. 1975, p. 3876), as amended, so as to change certain provisions regarding the charter; to change the provisions relating to the specific powers of the Town of Tyrone; to provide for matters related to the governing of the Town of Tyrone; to provide for related matters; to repeal conflicting laws; and for other purposes. Goggans of the 7th TOWN OF ALAPAHA A BILL to be entitled an Act to amend an Act providing and establishing a new charter for the Town of Alapaha, approved August 1, 1921 (Ga. L. 1921, p. 606), as amended, particularly by an Act approved March 25, 1994 (Ga. L. 1994, p. 4167), so as to provide new terms of office for the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes. Hooks of the 14th STEWART COUNTY A BILL to be entitled an Act to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, approved March 21, 1969 (Ga. L. 1969, p. 2264), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3592), so as to provide for the compensation and expenses HB 1459 HB 1466 HB 1468 WEDNESDAY, APRIL 2, 2008 3533 of the members of the Board of Education of Stewart County; to provide an effective date; to repeal conflicting laws; and for other purposes. Reed of the 35th CITY OF COLLEGE PARK A BILL to be entitled an Act to change the qualifications of membership to and the manner in which members shall be selected for the College Park Business and Industrial Development Authority, created by that certain 1980 constitutional amendment of the Constitution of 1976, Resolution Act No. 168 (Ga. L. 1980, p. 2071), duly ratified at the 1980 general election and specifically continued in force and effect by an ordinance enacted August 20, 1984 (Ga. L. 1985, p. 5311) and an Act approved February 27, 1987 (Ga. L. 1987, p. 3713); to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Grant of the 25th JASPER COUNTY A BILL to be entitled an Act to amend an Act creating the board of commissioners of Jasper County, approved July 23, 1923 (Ga. L. 1923, p. 255), as amended, so as to consolidate the amendatory Acts into one Act and to modernize and update such Act; to provide for a quorum; to provide for meetings; to provide for a chairperson and a vice-chairperson of the board; to provide for a county manager; to provide for bonds; to provide for compensation for board members; to provide for work detail; to provide for procedures regarding the filling of vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes. Chance of the 16th Staton of the 18th MONROE COUNTY PUBLIC FACILITIES AUTHORITY A BILL to be entitled an Act to create the Monroe County Public Facilities 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 the issuance and 3534 HB 1473 HB 1474 HB 1477 JOURNAL OF THE SENATE sale of revenue bonds and other obligations and their negotiability, sale, and use of proceeds from such sales; to provide for conditions for issuance of such obligations; 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 liberal construction; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Chance of the 16th CITY OF GRIFFIN A BILL to be entitled an Act to authorize the City of Griffin 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. Chance of the 16th Douglas of the 17th SPALDING COUNTY A BILL to be entitled an Act to authorize Spalding County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. 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), by an Act approved WEDNESDAY, APRIL 2, 2008 3535 May 5, 2006 (Ga. L. 2006, p. 4216), and by an Act approved May 30, 2007 (Ga. L. 2007, p. 4367), so as to revise the manner of selection of the members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1485 Goggans of the 7th CITY OF NASHVILLE A BILL to be entitled an Act to amend an Act establishing a new charter for the City of Nashville, approved March 17, 1978 (Ga. L. 1978, p. 4017), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4430), so as to provide new terms of office for the mayor and members of the city council; to provide for related matters; to provide for a referendum; to provide for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following eight local bills relating to homestead exemptions require a two-thirds roll-call vote for passage: HB 999 Hill of the 4th EFFINGHAM COUNTY A BILL to be entitled an Act to provide for a homestead exemption from Effingham 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. HB 1001 Hill of the 4th EFFINGHAM COUNTY A BILL to be entitled an Act to provide for a homestead exemption from Effingham 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 3536 HB 1012 HB 1013 HB 1185 JOURNAL OF THE SENATE 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. Chapman of the 3rd CITY OF DARIEN 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 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 older 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. Reed of the 35th CITY OF UNION CITY A BILL to be entitled an Act to provide for a homestead exemption from City of Union City ad valorem taxes for municipal purposes for the full value of the homestead for residents of that city 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 1205 HB 1285 HB 1475 WEDNESDAY, APRIL 2, 2008 3537 Hill of the 32nd Reed of the 35th Orrock 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 provide a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of 50 percent of the assessed value of the homestead for residents of that county who are 65 years of age or older and whose household income does not exceed 200 percent of the federal poverty level; 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. Chapman of the 3rd GLYNN COUNTY A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Glynn County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead approved May 1, 2000 (Ga. L. 2000, p. 4616), as amended, so as to provide for circumstances when such exemption may continue to be received if the homestead is destroyed but repaired or rebuilt in similar size and value within two years; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Chance of the 16th Douglas of the 17th GRIFFIN-SPALDING COUNTY A BILL to be entitled an Act to provide a homestead exemption from Griffin-Spalding County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that school district who are 3538 JOURNAL OF THE SENATE 65-69 years of age or older after a two-year phase-in period; to provide a homestead exemption from Griffin-Spalding 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 70-74 years of age or older after a two-year phase-in period; 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 1329: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1329: A BILL TO BE ENTITLED AN ACT To create the Bryan County Water and Sewer Authority; to provide a short title; to provide for definitions; to provide for the appointment of members of the board; to provide for organization and rules; to provide for powers and duties; to provide for financing of projects; to provide for revenue bonds; to provide for trust indentures and sinking funds; to provide for jurisdiction, venue, and remedies; to provide for validation; to provide for certain trust funds; to provide for audits; to provide for immunity; to provide for rules and regulations; to provide for construction; to provide for supplemental powers; 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. Short title. This Act shall be known and may be cited as the "Bryan County Water and Sewer Authority Act." SECTION 2. Creation of the authority; membership. (a) There is created a body corporate and politic, to be known as the Bryan County Water and Sewer 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 complain and defend in all courts of law and equity, except that the authority or the WEDNESDAY, APRIL 2, 2008 3539 trustee acting under any trust indenture shall in no event be liable for any torts committed by its officers, agents, or employees. (b) The authority shall consist of six members. The board of commissioners of Bryan County shall appoint the members of the authority, each of whom shall reside in Bryan County. Two of the six members shall be incumbent members of the Board of Commissioners. The board of commissioners of Bryan County shall appoint two of the initial members for initial terms of three years, appoint two of the initial members for initial terms of two years, and appoint two of the initial members for initial terms of one year. Subsequent appointments shall be made for terms of office of three years. Vacancies shall be filled for an unexpired term by the board of commissioners of Bryan County. (c) The authority shall elect from its members a chairperson, a vice chairperson, a secretary, and a treasurer or a secretary-treasurer. All officers shall be voting members. The members of the authority shall serve without compensation; however, they shall be reimbursed for all actual expenses incurred in the performance of their duties. The authority shall make rules and regulations for its own government. It shall have perpetual existence. (d) Any authority member who is convicted of a felony shall be removed from the authority upon the date of conviction, regardless of the status of any appeal. (e) A majority of the members shall constitute a quorum, and any action may be taken by the authority upon the affirmative vote of a majority of a quorum of the members. 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. The authority shall be subject to all the provisions of Chapters 14 and 18 of Title 50 of the O.C.G.A., the open meetings and open records laws of the State of Georgia. SECTION 3. Definitions. (a) "Authority" means the Bryan County Water and Sewer Authority created by Section 2 of this Act. (b) "Cost of the project" means 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; cost of engineering, architectural, fiscal, and legal expenses and of plans and specifications and of any other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized by this Act; the cost of the construction of any project, the placing of the same in operation, and the condemnation of property necessary for each 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 the provisions of this Act for such project. (c) "Project" means the acquisition, construction, and equipping of water facilities for 3540 JOURNAL OF THE SENATE obtaining one or more sources of water supply, small watershed projects, works of improvements for watersheds, projects for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, the treatment of water, and the distribution and sale of water to users and consumers including, but not limited to, the State of Georgia and counties and municipalities for the purpose of resale inside and outside the territorial boundaries of Bryan County. The term "project" shall also include additions to, improvements to, extensions of, and the operation and maintenance of the same so as to assure an adequate water system, watershed protection and improvement, and flood control and prevention; the acquisition, construction, and equipping of sewerage facilities useful and necessary for the gathering of waste matter, and the treatment of sewage of any and every type, including, but not limited to, the acquisition and construction of treatment plants, ponds, and lagoons inside and outside the territorial boundaries of Bryan County; and additions and improvements to and extensions of such facilities and the operation and maintenance of the same so as to assure an adequate sewerage system. Said water facilities, small watershed projects, projects for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, and sewerage facilities, at the discretion of the authority, may be combined at any time as one revenue-producing undertaking and operated and maintained as such. (d) "Revenue bonds," "bonds," or "obligations" 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." Such bonds and obligations may be issued by the authority as authorized under the "Revenue Bond Law" and any amendments thereto. Such terms shall also mean obligations of the authority the issuance of which are specifically provided for in this Act. (e) "Self-liquidating" means that the revenues and earnings to be derived by the authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects. SECTION 4. Powers. The authority shall have the following powers: (a) To have a seal and alter the same at its pleasure; (b) To acquire by purchase, lease, gift, or otherwise, and to hold, operate, lease, maintain, and dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes; 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 authority. No property shall be acquired under the provisions of this Act upon which any lien or WEDNESDAY, APRIL 2, 2008 3541 encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance. If the authority shall deem it expedient to construct any project on any lands the title to which shall then be in Bryan County or in any municipality incorporated in said county, the governing authority or body of said county or of any of said municipalities, if such governing authority consents thereto, is authorized to convey title to such lands to the authority upon payment for the credit of the general funds of said county or municipalities the reasonable value of such lands; (d) To enter into an agreement with the governing authority of Bryan County and any municipalities therein, with respect to acquiring a source of water supply; providing sewerage service; preparing engineering data, plans, and specifications for a water and sewerage system; extending water mains; apportioning the costs of constructing, extending, and maintaining a water or sewerage system, or both; providing for the testing and inspection of facilities constructed; providing for rates to be charged for water and sewerage services and keeping of permanent records; apportioning or designating the responsibility for any functions normally maintained by a water and sewerage system; providing for the ownership of the various facilities constructed or acquired; and providing for such other matters or contingencies as might be necessary or desirable in order to secure for Bryan County a satisfactory and reliable water and sewerage system at the most reasonable cost possible; (e) To appoint, select, and employ such officers, agents, and employees as necessary in the judgment of the authority to accomplish the purposes of the authority. Such officers, agents, and employees may include engineering, architectural, and construction experts, fiscal agents, and attorneys, and the authority has the power to fix their respective compensation. The authority may require bond of any person handling funds of the authority; (f) To make and execute contracts, leases, and instruments, which shall be necessary or convenient, including contracts for acquisition and construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed or acquired. Any and all persons, firms, and corporations and any and all consolidated governments, 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. Without limiting the generality of the foregoing provisions of this subsection, authorization is specifically granted to consolidated governments, municipal corporations, and counties and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water or sewerage service and facilities, or both, by the authority to such consolidated governments, municipal corporations, and counties for a term not exceeding 50 years. As to any consolidated government, political subdivision, department, institution, or agency of this state which shall enter into an agreement under the provisions of this subsection or in subsection (d) of this section, the obligation to perform and fulfill such agreement shall constitute a general obligation of such entity for which its full faith and credit shall be pledged; 3542 JOURNAL OF THE SENATE (g) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage water and sewerage systems; with the cost of such systems to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (h) 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 impose; (i) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the States of Georgia or such agency or instrumentality or political subdivision may impose; (j) To borrow money for any of its corporate purposes and to execute notes or other evidences of such indebtedness and to secure the same; (k) To issue negotiable revenue bonds, payable solely from funds pledged for the purpose, and to provide for the payment of the same and for rights of the holders thereof; (l) The authority and any trustee acting under any trust indenture are specifically authorized to sell, lease, grant, exchange, or otherwise dispose of any such surplus property, both real and personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created, except as such right and power might be limited as provided elsewhere in this Act; (m) Except as otherwise provided in this Act, the authority may exercise any of its powers or provide any of its services inside the service delivery boundaries of any local government within Bryan County when authorized by contract with the governing authority thereof; (n) To make and enforce rules and regulations for the management and operation of the publicly owned water and sewerage systems which now exist and as hereafter added to, extended, or improved by any project or projects constructed after the provisions of this Act; (o) To prescribe, fix, and collect rates, fees, tolls, or charges of the authority and to revise from time to time and collect such rates, fees, tolls or charges for the services, facilities, or commodities furnished; and in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as provided in this Act to finance in whole or in part the acquisition, construction, reconstruction, improvement, betterment, or extension of the water and sewerage systems, a small watershed project, a project for watershed protection or flood control and prevention, or recreational facilities developed in connection therewith; and to pledge to the punctual payment of the 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; and to classify and differentiate such rates, fees, tolls, or charges in any reasonable manner, including, but not limited to, small, intermediate, and large WEDNESDAY, APRIL 2, 2008 3543 consumers and industrial, commercial, and residential consumers and, with respect to sewer rates, according to the amount of suspended solids and the biological oxygen demand of sewerage users. Additionally, and not in limitation of any of the foregoing, the authority, in fixing water or sewerage rates, or both, shall be fully authorized and empowered to comply with any state or federal Acts and any lawful regulations adopted pursuant to any such Act. As a limitation of the power of the authority, however, if at any time there are issued and outstanding revenue bonds for the payment of which the revenues of the authority are pledged, the authority shall make no decrease in rates for water and sewer service which will in any way impair the obligations contained in the revenue bonds; (p) To adopt rules and regulations providing for the suspension of service to delinquent customers. The authority, through its executive director, or such other employees as the authority designates, shall have the right and power to issue executions for any past due charges, which executions shall be a lien upon and against the land and other properties of the assessed party which lien shall be of equal priority, rank, and dignity having the same attributes, rights, and powers as to collection and foreclosure thereof as an execution for unpaid ad valorem taxes of the State of Georgia or the County of Bryan; provided, however, that no such lien shall exist as to third parties until execution therefor shall have been issued by the Superior Court of Bryan County. In the event that sewerage service is discontinued pursuant to this section, the appropriate health authorities shall be immediately notified; (q) To acquire insurance for its property; its authority members, and its officers and employees, including but not limited to fire, wind, storm, extended coverage insurance, and vehicular liability insurance; all other types of liability insurance; casualty insurance, fidelity insurance, comprehensive insurance, public officials liability insurance, general public liability insurance covering all hazards, group life insurance, group accident insurance, group health insurance, group hospitalization insurance, group medical insurance, or any combination thereof; together with any and all other types of insurance on its property, officers, authority members, and employees as the authority in its judgment and discretion deems meet and proper in the conduct of its business; and on such terms and conditions and in such amounts as the authority deems appropriate in its judgment and discretion; and with the payment of premiums and charges therefor; together with any other costs incident thereto, to be paid in whole or in part by the authority and out of the general funds of the authority as the authority may determine; (r) To purchase, install, construct, repair, and replace fire hydrants on public property, together with all needful and necessary accessories and adjuncts thereto, in connection with existing or new water lines or mains of the authority and to defray and pay for any part or all of the cost and expense thereof, labor, material, and otherwise, utilizing any available funds of the authority therefor; (s) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness, provided that such power is not in conflict with the Constitution and laws of this state; and 3544 JOURNAL OF THE SENATE (t) To do all things necessary or convenient to carry out the powers expressly given in this Act. SECTION 5. Financing Powers. 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 in this Act, shall have power and is authorized to borrow money for the purpose of paying all or any part of the cost of the project, as defined in this Act, of any one or more projects and to provide by resolution for the issuance of negotiable revenue bonds for that purpose. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in this section for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not to exceed the maximum bond limit prescribed in Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," as now or hereafter amended, shall be payable semiannually, and shall be payable in such medium of payment as to both principal and interest as may be determined by the authority and may be made 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 providing for the issuance of the bonds. SECTION 6. Revenue bonds; form; denominations; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, 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 the principal and interest. SECTION 7. Revenue bonds; signatures; seal. All such bonds shall bear the manual or facsimile signature of the chairperson of the authority and the attesting manual or facsimile signature of the secretary of the authority, and the official seal of the authority or a facsimile thereof shall be affixed thereto 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 person 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. In case any officer whose signature shall appear on any bonds or whose signature shall appear on any coupon shall cease to be such officer before delivery of 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. WEDNESDAY, APRIL 2, 2008 3545 SECTION 8. 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 are declared to be issued for an essential public and governmental purpose and said bonds and the income therefrom shall be exempt from all taxation within the state. SECTION 9. Revenue bonds; sale; price. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the authority. SECTION 10. Revenue bonds; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the costs of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit which, unless otherwise provided for in the resolution authorizing the issuance of the bonds or in any trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund provided for in this Act to be used for paying the principal of and the interest on such bonds. SECTION 11. Revenue bonds; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definite bonds upon the issuance of the latter. SECTION 12. Revenue bonds; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. SECTION 13. Revenue bonds; conditions precedent to issue; object of issue. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this 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 3546 JOURNAL OF THE SENATE effective immediately upon its passage and need not be published or posted, and any such resolutions may be passed at any regular, special, or adjourned meeting of the authority by a majority of the quorum as provided in this Act. SECTION 14. Revenue bonds; credit not pledged; special power of contract. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Bryan County or a pledge of the faith and credit of the county, but the bonds shall be payable solely from the fund provided for in this Act, and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the county 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 section; provided, however, that the governing authority of Bryan County is authorized to contract with the authority for any of the undertakings authorized in this Act. Such county may in connection therewith, jointly or severally, use any funds from any lawful source or from the proceeds of the issue and sale of bonds for such purpose. SECTION 15. Revenue bonds; trust indenture as security. In the discretion of the authority, any issue 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 or bank having the powers of a trust company inside or outside this state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of the 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 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 insurance 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 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, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. WEDNESDAY, APRIL 2, 2008 3547 SECTION 16. Revenue bonds; to whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in any trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person or any agency, bank, or trust company acting as trustee of such funds and shall hold and apply the same to the purposes provided for in this Act, subject to such regulations as this Act and such resolution or trust indenture may provide. SECTION 17. Revenue bonds; sinking fund. The revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such fees, tolls, charges, 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 in the trust instrument may provide. Such funds so pledged from whatever source received, which pledge may include 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 sinking fund shall be pledged to and charged with the payment of: (1) The interest upon the revenue bond as such interest shall fall due; (2) The principal of the revenue bonds as the same shall fall due; (3) Any premium upon the revenue bonds acquired by redemption, payment, or otherwise; (4) The necessary charges of the paying agent or agents for paying principal and interest; 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 another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in 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 be reissued, printed, and delivered. SECTION 18. Revenue bonds; remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or of any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights given by 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, 3548 JOURNAL OF THE SENATE action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted by 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, fines, and other charges for the use of the facilities and services furnished. SECTION 19. Revenue bonds; 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 the accrued interest thereon and the premium, if any. 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. Revenue bonds; jurisdiction and venue. 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 Bryan County, Georgia, and any action pertaining to validation of 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 21. Revenue bonds, validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., 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. The state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof shall not be inquired into the court, and validity of the terms thereof shall be determined and the contract or contracts shall be adjudicated as a 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 validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and the interest thereon and against the authority issuing the same, the state, and any municipality, county, authority, political subdivision, or instrumentality thereof, if a party to the validation proceedings, contracting with the authority. WEDNESDAY, APRIL 2, 2008 3549 SECTION 22. Revenue bonds; interest of bondholders protected. (a) 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 compete 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. (b) The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions of this Act, 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. Tort immunity. To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as Bryan 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, agent, and employees of Bryan County when in performance of their public duties or work of the county. SECTION 25. 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 acquired or constructed under the provisions of this Act, including the basis on which water service and facilities, sewerage service and facilities, or both, shall be furnished. SECTION 26. 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 and 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 does not in any way take from Bryan County, any municipality located therein, any other adjoining county, or any private individual or corporation the authority to own, operate, and maintain any 3550 JOURNAL OF THE SENATE water system, small watershed project, project for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, sewerage system, or combined water and sewerage system; nor does it in any way take from any of said political subdivisions of the state the authority to issue revenue bonds as provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." SECTION 27. Liberal construction of Act. This Act being for the welfare of various political subdivisions of the State of Georgia and its inhabitants, shall be liberally construed to effect the purposes thereof. SECTION 28. Repealer. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 50, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey E Reed Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D E Smith Y Staton 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 Wiles Y Williams WEDNESDAY, APRIL 2, 2008 3551 On the passage of the local bills, the yeas were 50, nays 0. The bills on the Local Consent Calendar, except HB 1329, having received the requisite constitutional majority, were passed. HB 1329, having received the requisite constitutional majority, was passed by substitute. Senator Schaefer of the 50th moved that the Senate reconsider its action in defeating the following resolution. SR 827. By Senators Schaefer of the 50th, Hudgens of the 47th, Unterman of the 45th, Chapman of the 3rd, Staton of the 18th and others: A RESOLUTION urging the United States Congress to withdraw the United States from the Security and Prosperity Partnership of North America and from any other bilateral or multilateral activity that seeks the economic merger of the United States with any other country; and for other purposes. On the motion, the President asked for unanimous consent. There was no objection. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: N Adelman Y Balfour N Brown Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert N Davenport Y Douglas E Fort Y Goggans N Golden Grant Y Hamrick N Harbison N Harp Y Hawkins Y Heath N Henson E Hill,Jack Y Hill,Judson Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey E Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D E Smith Y Staton 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 Wiles Y Williams 3552 JOURNAL OF THE SENATE On the adoption of the resolution, the yeas were 29, nays 19. SR 827, having received the requisite constitutional majority, was adopted. Senator Hill of the 32nd introduced the doctor of the day, Dr. Ralph Haynes. Senator Rogers of the 21st recognized Dr. G. Wayne Clough, commended by SR 1220, adopted previously. Dr. G. Wayne Clough addressed the Senate briefly. Senator Chance of the 16th was excused for business outside the Senate Chamber. Senator Rogers of the 21st moved to engross HB 302, HB 948, HB 1023, HB 1024, HB 1035, HB 1110, HB 1193, and HB 1274 which were 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: Adelman Y Balfour N Brown Y Bulloch N Butler Y Carter E Chance N Chapman Y Cowsert N Davenport Y Douglas E Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath N Henson C Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson N Jones Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton Stoner N Tarver N Tate Y Thomas,D N Thomas,R Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 31, nays 18; the motion prevailed, and the aforementioned bills on today's Senate Rules Calendar were engrossed. The following communication was received by the Secretary: WEDNESDAY, APRIL 2, 2008 3553 Senator David Adelman District 42 121-I State Capitol Atlanta, GA 30334 Committees: Urban Affairs Special Judiciary Health and Human Services Judiciary Rules The State Senate Atlanta, Georgia 30334 Please register a "no" vote on the Motion to Engross on 4-2-08. /s/ David Adelman Senator Thompson of the 5th recognized the Many Horses Foundation, commended by SR 1037, adopted previously. The following bill was taken up to consider House action thereto: SB 418. By Senators Balfour of the 9th, Hawkins of the 49th and Cowsert of the 46th: 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 definitions; to provide for standards for testing of cigarettes; to provide for written certification; to provide for required marking of cigarettes; to provide for forfeiture; to provide civil penalties; to provide for inspections; to provide for preemption; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To 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 definitions; to provide for standards for testing of cigarettes; to provide for written certification; to provide for required marking of cigarettes; to provide for forfeiture; to 3554 JOURNAL OF THE SENATE provide civil penalties; to provide for inspections; to provide for preemption; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by adding a new chapter as follows: "CHAPTER 14 25-14-1. This chapter shall be known and may be cited as the 'Georgia Fire Safety Standard and Firefighter Protection Act.' 25-14-2. As used in this chapter, the term: (1) 'Agent' means any person authorized by the commissioner of revenue to purchase and affix stamps on packages of cigarettes. (2) 'Cigarette' means: (A) Any roll for smoking made wholly or in part of tobacco when the cover of the roll is paper or any substance other than tobacco; or (B) Any roll for smoking wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette as described in subparagraph (A) of this paragraph. (3) 'Commissioner' means the Safety Fire Commissioner. (4) 'Manufacturer' means: (A) Any entity which manufactures, makes, produces, or causes to be produced cigarettes sold in this state or cigarettes said entity intends to be sold in this state; or (B) The first purchaser of cigarettes manufactured anywhere that intends to resell such cigarettes in this state regardless of whether the original manufacturer, maker, or producer intends such cigarettes to be sold in the United States; or (C) Any entity which becomes a successor of an entity described in subparagraph (A) or (B) of this paragraph. (5) 'Quality control and quality assurance program' means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment related problems do not affect the results of the testing. Such a program ensures that the testing repeatability remains within the required repeatability values stated in paragraph (6) of subsection (b) of Code Section 25-14-3 for all test trials used to certify cigarettes in accordance with this chapter. (6) 'Repeatability' means the range of values within which the repeat results of WEDNESDAY, APRIL 2, 2008 3555 cigarette test trials from a single laboratory will fall 95 percent of the time. (7) 'Retail dealer' means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products. (8) 'Sale' means any sale, transfer, exchange, theft, barter, gift, or offer for sale and distribution in any manner or by any means whatever. (9) 'Sell' means to sell or to offer or agree to do the same. (10) 'Wholesale dealer' means any person that is not a manufacturer who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale. A wholesale dealer is also any person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person. 25-14-3. (a) Except as provided in subsection (h) of this Code section, no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this Code section, a written certification has been filed by the manufacturer in accordance with Code Section 25-14-4, and the cigarettes have been marked in accordance with Code Section 25-14-5. (b)(1) Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) Standard E2187-04, 'Standard Test Method for Measuring the Ignition Strength of Cigarettes.' (2) Testing shall be conducted on ten layers of filter paper. (3) No more than 25 percent of the cigarettes tested in a test trial in accordance with this Code section shall exhibit full-length burns. Forty replicate tests shall comprise a complete test trial for each cigarette tested. (4) The performance standard required by this Code section shall only be applied to a complete test trial. (5) Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization (ISO) or other comparable accreditation standard required by the commissioner. (6) Laboratories conducting testing in accordance with this Code section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. The repeatability value shall be no greater than 0.19. (7) This Code section does not require additional testing if cigarettes are tested consistent with this chapter for any other purpose. (8) Testing performed or sponsored by the commissioner to determine a cigarettes compliance with the performance standard required shall be conducted in accordance with this Code section. (c) Each cigarette listed in a certification submitted pursuant to Code Section 25-14-4 that uses lowered permeability bands in the cigarette paper to achieve compliance with 3556 JOURNAL OF THE SENATE the performance standard set forth in this Code section shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least 15 millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands fully located at least 15 millimeters from the lighting end and ten millimeters from the filter end of the tobacco column, or ten millimeters from the labeled end of the tobacco column for nonfiltered cigarettes. (d) A manufacturer of a cigarette that the commissioner determines cannot be tested in accordance with the test method prescribed in paragraph (1) of subsection (b) of this Code section shall propose a test method and performance standard for the cigarette to the commissioner. Upon approval of the proposed test method and a determination by the commissioner that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in paragraph (3) of subsection (b) of this Code section, the manufacturer may employ such test method and performance standard to certify such cigarette pursuant to Code Section 25-14-4. If the commissioner determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this chapter, and the commissioner finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that states law or regulation under a legal provision comparable to this Code section, then the commissioner shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this state, unless the commissioner demonstrates a reasonable basis why the alternative test should not be accepted under this chapter. All other applicable requirements of this Code section shall apply to the manufacturer. (e) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years, and shall make copies of these reports available to the commissioner and the Attorney General upon written request. Any manufacturer who fails to make copies of these reports available within 60 days of receiving a written request shall be subject to a civil penalty not to exceed $10,000.00 for each day after the sixtieth day that the manufacturer does not make such copies available. (f) The commissioner may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that such subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standard in paragraph (3) of subsection (b) of this Code section. (g) The commissioner shall review the effectiveness of this Code section and report his or her findings every three years to the General Assembly and, if appropriate, recommendations for legislation to improve the effectiveness of this chapter. The WEDNESDAY, APRIL 2, 2008 3557 report and legislative recommendations shall be submitted no later than June 30 following the conclusion of each three-year period. (h) The requirements of subsection (a) of this Code section shall not prohibit: (1) Wholesale or retail dealers from selling their existing inventory of cigarettes on or after July 1, 2010, if the wholesale or retailer dealer can establish that state tax stamps were affixed to the cigarettes prior to July 1, 2010, and if the wholesale or retailer dealer can establish that the inventory was purchased prior to July 1, 2010, in comparable quantity to the inventory purchased during the same period of the prior year; or (2) The sale of cigarettes solely for the purpose of consumer testing. For purposes of this subsection, the term 'consumer testing' shall mean an assessment of cigarettes that is conducted by a manufacturer, or under the control and direction of a manufacturer, for the purpose of evaluating consumer acceptance of such cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for such assessment. (i) This chapter shall be implemented in accordance with the implementation and substance of the New York Fire Safety Standards for Cigarettes. 25-14-4. (a) Each manufacturer shall submit to the commissioner a written certification attesting that: (1) Each cigarette listed in the certification has been tested in accordance with Code Section 25-14-3; and (2) Each cigarette listed in the certification meets the performance standard set forth in paragraph (3) of subsection (b) of Code Section 25-14-3. (b) Each cigarette listed in the certification shall be described with the following information: (1) Brand or trade name on the package; (2) Style, such as light or ultra light; (3) Length in millimeters; (4) Circumference in millimeters; (5) Flavor, such as menthol or chocolate, if applicable; (6) Filter or nonfilter; (7) Package description, such as soft pack or box; (8) Marking approved in accordance with Code Section 25-14-5; (9) The name, address, and telephone number of the laboratory, if different from the manufacturer that conducted the test; and (10) The date that the testing occurred. (c) The certifications shall also be made available to the Attorney General for purposes consistent with this chapter and to the commissioner of revenue for the purposes of ensuring compliance with this Code section. (d) Each cigarette certified under this Code section shall be recertified every three years. (e) For each cigarette listed in a certification, a manufacturer shall pay to the 3558 JOURNAL OF THE SENATE commissioner a fee of $250.00. (f) If a manufacturer has certified a cigarette pursuant to this Code section and thereafter makes any change to such cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this chapter, that cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in Code Section 25-14-3 and maintains records of that retesting as required by Code Section 25-14-3. Any altered cigarette which does not meet the performance standard set forth in Code Section 25-14-3 shall not be sold in this state. 25-14-5. (a) Cigarettes that are certified by a manufacturer in accordance with Code Section 2514-4 shall be marked to indicate compliance with the requirements of Code Section 2514-3. The marking shall be in eight-point type or larger and consist of: (1) Modification of the universal product code to include a visible mark printed at or around the area of the universal product code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the universal product code; (2) Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette packaging or cellophane wrap; or (3) Printed, stamped, engraved, or embossed text on the cigarette packaging or cellophane wrap that indicates that the cigarettes meet Georgia standards. (b) A manufacturer shall use only one marking and shall apply this marking uniformly for all packages, including but not limited to packs, cartons, and cases, and brands marketed by that manufacturer. (c) The commissioner shall be notified as to the marking that is selected. (d) Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the commissioner for approval. Upon receipt of the request, the commissioner shall approve or disapprove the marking offered. The commissioner shall approve: (1) Any marking in use and approved for sale in New York pursuant to the New York Fire Safety Standards for Cigarettes; or (2) The letters 'FSC,' which signifies Fire Standards Compliant, appearing in eightpoint type or larger and permanently printed, stamped, engraved, or embossed on the package at or near the universal product code. Proposed markings shall be deemed approved if the commissioner fails to act within ten business days of receiving a request for approval. (e) No manufacturer shall modify its approved marking unless the modification has been approved by the commissioner in accordance with this Code section. (f) Manufacturers certifying cigarettes in accordance with Code Section 25-14-4 shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes and shall also provide sufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to this Code section for each retail dealer WEDNESDAY, APRIL 2, 2008 3559 to which the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these package markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the commissioner, the commissioner of revenue, the Attorney General, and their employees to inspect markings of cigarette packaging marked in accordance with this Code section. 25-14-6. (a) A manufacturer, wholesale dealer, agent, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of Code Section 25-14-3, for a first offense shall be subject to a civil penalty not to exceed $100.00 dollars for each pack of such cigarettes sold or offered for sale, provided that in no case shall the penalty against any such person or entity exceed $100,000.00 during any 30 day period. (b) A retail dealer who knowingly sells or offers to sell cigarettes in violation of Code Section 25-14-3 shall be subject to a civil penalty not to exceed $100.00 for each pack of such cigarettes, provided that in no case shall the penalty against any retail dealer exceed $25,000.00 during any 30 day period. (c) In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to Code Section 25-14-4 shall be subject to a civil penalty of at least $75,000.00 and not to exceed $250,000.00 for each such false certification. (d) Any person violating any other provision in this chapter shall be subject to a civil penalty for a first offense not to exceed $1,000.00, and for a subsequent offense subject to a civil penalty not to exceed $5,000.00, for each such violation. (e) Any cigarettes that have been sold or offered for sale that do not comply with the performance standard required by Code Section 25-14-3 shall be subject to forfeiture and, upon forfeiture, shall be destroyed; provided, however, that prior to the destruction of any cigarette pursuant to this Code section, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette. (f) In addition to any other remedy provided by law, the commissioner or Attorney General may file an action in superior court for a violation of this chapter, including petitioning for injunctive relief or to recover any costs or damages suffered by the state because of a violation of this chapter, including enforcement costs relating to the specific violation and attorneys fees. Each violation of this chapter or of rules or regulations adopted under this chapter constitutes a separate civil violation for which the commissioner or Attorney General may obtain relief. (g) Whenever any law enforcement personnel or duly authorized representative of the commissioner or Attorney General shall discover any cigarettes that have not been marked in the manner required Code Section 25-14-5, such personnel is hereby authorized and empowered to seize and take possession of such cigarettes. Such cigarettes shall be turned over to the commissioner of revenue and shall be forfeited to 3560 JOURNAL OF THE SENATE the state. Cigarettes seized pursuant to this subsection shall be destroyed; provided, however, that prior to the destruction of any cigarette seized pursuant to this subsection, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette. 25-14-7. (a) The commissioner may promulgate rules and regulations, pursuant to Chapter 13 of Title 50, necessary to effectuate the purposes of this chapter. (b) The commissioner of revenue in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, as authorized under Chapter 11 of Title 48, may inspect such cigarettes to determine if the cigarettes are marked as required by Code Section 25-14-5. If the cigarettes are not marked as required, the commissioner of revenue shall notify the commissioner. 25-14-8. To enforce the provisions of this chapter, the Attorney General and the commissioner, their duly authorized representatives, and other law enforcement personnel shall be authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered for sale shall be directed and required to give the Attorney General and the commissioner, their duly authorized representatives, and other law enforcement personnel the means, facilities, and opportunity for the examinations authorized by this Code section. 25-14-9. Nothing in this chapter shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of Code Section 25-14-3 if the cigarettes are not for sale in this state or are packaged for sale outside the United States, and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this state. 25-14-10. This chapter shall cease to be applicable if federal reduced cigarette ignition propensity standards that preempt this chapter are enacted." SECTION 2. This Act shall preempt and supersede and shall prohibit the enactment of any local laws, ordinances, rules, and regulations by the governing authority of any county or municipal corporation concerning the testing of cigarettes, the performance standards of cigarettes, or the certification that cigarettes have been manufactured in compliance with testing and performance standards. WEDNESDAY, APRIL 2, 2008 3561 SECTION 3. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 1 of this Act shall become effective on January 1, 2010. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Balfour of the 9th moved that the Senate agree to the House substitute to SB 418 as amended by the following amendment: Amend the House substitute to SB 418 (LC 25 5204ERS) by inserting between lines 13 and 14 of page 2 the following: (4.1) 'New York Fire Safety Standards for Cigarettes' means those New York Fire Safety Standards for Cigarettes in effect on April 1, 2008. By replacing "July" with "January" where the former term appears on lines 35 and 36 of page 4 and on line 1 of page 5. By deleting the quotation mark at the end of line 5 of page 9 and inserting between lines 5 and 6 of page 9 the following: 25-14-11. If, after the date specified in paragraph (4.1) of Code Section 25-14-2, the New York safety standards are changed, then the commissioner shall suggest proposed legislation to the chairpersons of the appropriate standing committees of the General Assembly as designated by the presiding officer of each house. Such proposed legislation shall contain provisions necessary to bring paragraph (4.1) of Code Section 25-14-2 into accordance with the New York safety standards." On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Moody Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R 3562 JOURNAL OF THE SENATE E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Williams On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 418 as amended by the Senate. The following communication was received by the Secretary: Senator Nancy Schaefer District 50 302-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Retirement Ethics Appropriations Banking and Financial Institutions Economic Development Science and Technology The State Senate Atlanta, Georgia 30334 April 2, 2008 Please change my last vote. I hit green and meant to hit red. I voted red on this bill last time and I need to stay consistent. Thank you. /s/ Nancy Schaefer SENATE RULES CALENDAR WEDNESDAY, APRIL 2, 2008 THIRTY-NINTH LEGISLATIVE DAY HR 468 Sheriff D. J. Connell Memorial Highway; dedicate (Substitute) (TRANS-53rd) Houston-170th HR 1023 Tuskegee Airmen Parkway; dedicate (Substitute)(TRANS-53rd) Holmes-61st HR 1078 Williams, Mr. Willie Otis "Pete"; compensate (Amendment) (APPROP-38th) Tumlin-38th WEDNESDAY, APRIL 2, 2008 3563 HR 1425 HB 1196 HB 302 HB 544 HB 637 HB 656 HB 864 HB 881 HB 948 HB 953 HB 963 HB 972 HB 978 HB 1023 HB 1024 State of Georgia property; certain counties; nonexclusive easements; authorize (SI&P-25th) Barnard-166th Income tax credit; qualified investment; Seed-Capital Fund; provisions (Substitute)(FIN-21st) Stephens-164th Excise tax; public accommodation furnishings; change certain provisions (FIN-43rd) Mumford-95th Multiple employer self-insured health plans; certain institutions; provisions (Substitute)(GvtO-32nd) Hembree-67th Quality Basic Education Act; nationally norm-referenced instruments; revise provisions (ED&Y-47th) Coleman-97th Teachers Retirement System; survivor's benefits; provisions (RET-38th) Williams-89th Insurance; group life policy coverage; remove participation requirement (Substitute)(GvtO-21st) Knox-24th Georgia Charter Schools Commission; establish (Substitute)(ED&Y-40th) Jones-46th Sales and use tax; certain school supplies; certain energy efficient products; provide exemption (Substitute)(FIN-21st) Smith-70th War of 1812 Bicentennial Commission Act; enact (ECD-16th) Hill-180th Special license plates; soccer; provide (Substitute)(PUB SAF-32nd) Geisinger-48th Uniform Prudent Management of Institutional Funds Act; enact (B&FI-30th) Tumlin-38th Traffic accidents; illegal immigrants; seize vehicle; allow law enforcement (Substitute)(PUB SAF-21st) Mills-25th Sales and use tax; government contractors; overhead materials; extend sunset exemption (FIN-37th) Tumlin-38th Municipal and county recreation systems; minimum and maximum tax; provisions (FIN-21st) Williams-4th 3564 JOURNAL OF THE SENATE HB 1035 HB 1110 HB 1163 HB 1221 HB 1274 HB 1297 HB 1378 HB 1020 HB 119 HB 257 HB 602 HB 887 HB 950 HB 1066 HB 1086 Motor fuel tax; certain public transit and public campus transportation systems; extend expiration date (FIN-53rd) Smith-129th Sales and use tax; certain sales of food and beverages to qualified food banks; extend exemption (Substitute)(FIN-16th) Martin-47th Brunswick Judicial Circuit; fifth judge for superior courts; provide (Substitute)(APPROP-46th) Lane-167th Insurance contracts; corporations; employees covered; change minimum number (Substitute)(GvtO-27th) Maxwell-17th Income tax credit; real property donations; change certain provisions (Substitute)(FIN-31st) Knight-126th Sexual assault protocol; afford greater protection to victims; change provisions (Substitute)(JUDY-30th) Mumford-95th Doraville, City of; corporate limits; change by annexing certain territory (SLGO(G)-40th) Chambers-81st Civil and criminal cases; minors; certain sexually explicit or obscene evidence; restrict access (Substitute)(JUDY-37th) Golick-34th Certain justices and judges; annual salaries; increase (Substitute) (APPROP-52nd) Willard-49th Firearms; public gatherings; allow constables to carry weapons (JUDY-17th) Yates-73rd School board members; selling school supplies; penalty; provide exception (ED&Y-20th) Cole-125th Tobacco Prevention Master Settlement Agreement Oversight Committee; create (Substitute)(APPROP-45th) Butler-18th Motor vehicles; assembled; registration and licensing; provide (Substitute) (PUB SAF-51st) Powell-29th Alcoholic beverages; vaporized forms; prohibit certain conduct (RI&Util-32nd) England-108th Court bailiffs; maximum per diem; eliminate (S JUDY-12th) Ralston-7th WEDNESDAY, APRIL 2, 2008 3565 HB 1098 HB 1112 HB 1169 HB 1220 HB 1300 HB 1321 HB 367 HB 373 HB 319 HB 977 HB 1043 HB 1234 HB 180 Primaries and elections; election superintendents; provisions (SLGO(G)-25th) Reese-98th Elections and primaries; municipal election superintendents; provisions (Substitute)(SLGO(G)-37th) Geisinger-48th Early care and learning programs; day-care center; revise definition (ED&Y-37th) Morgan-39th Special license plates; firefighters; provisions (Substitute)(PUB SAF-53rd) Sims-169th Minimum school year; certain school days; provisions (ED&Y-54th) Carter-175th Education; alleged inappropriate behavior by teacher or school personnel; provisions (Substitute)(ED&Y-54th) Shaw-176th Generic drugs; health insurance coverage; provisions (Substitute) (H&HS-49th) Carter-159th Public Safety, Department of; State Patrol; retirement benefits; amend (RET-17th) Bridges-10th District attorneys; increase annual salaries (Substitute)(APPROP-52nd) Fleming-117th State insurance premium taxes; certain high deductible health plans; exempt (Substitute)(GvtO-32nd) Knox-24th Childhood Lead Exposure Control Act; confirmed lead poisoning; revise definition (RI&Util-54th) Cooper-41st Medicaid Care Management Organizations Act; enact (Substitute) (GvtO-7th) Channell-116th Prescription drugs; sold by certain Georgia companies; access restrictions; prohibit (Substitute)(GvtO-49th) Rogers-26th HB 336 Driving under the influence; mandatory sentences; increase (Substitute) (JUDY-40th) Levitas-82nd 3566 JOURNAL OF THE SENATE HB 905 Building Resourceful Individuals to Develop Georgia's Economy Act; enact (Substitute)(ED&Y-40th) Millar-79th HB 1015 Special districts divided into noncontiguous areas; certain excess funds; provide additional requirements (Substitute)(SLGO(G)-40th) Jones-46th HB 1193 Sales and use tax exemption; certain aquariums; change provisions (FIN-56th) Burkhalter-50th HB 1226 Water resources; water supply; extensively revise certain provisions (Substitute)(NR&E-51st) Coan-101st HB 1286 Quality Basic Education Act; Veterans Day; revise provisions (ED&Y-17th) Keen-179th Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: HR 468. By Representative Houston of the 170th: A RESOLUTION commemorating Sheriff D. J. Connell and dedicating the Sheriff D. J. Connell Memorial Highway; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. The Senate Transportation Committee offered the following substitute to HR 468: A RESOLUTION Dedicating certain portions of the state highway system; and for other purposes. PART I WHEREAS, Sheriff D. J. Connell served Cook County as the sheriff for many years; and WHEREAS, during his years of faithful service, he worked diligently, above and beyond the call of duty; and WHEREAS, due to his hard work and dedication, the people of Cook County live in a safe, secure environment; and WEDNESDAY, APRIL 2, 2008 3567 WHEREAS, the Board of Commissioners of Cook County strongly believe that Sheriff D. J. Connell should be honored for his service to the community; and WHEREAS, it is only fitting to recognize his years of service to Cook County and the State of Georgia. PART II WHEREAS, the veterans of service in the United States military have given of their time, energy, and sometimes their lives to secure the blessings of freedom for all the citizens of this great country; and WHEREAS, the sacrifices these great men and women have made to protect our nation should never be taken for granted or allowed to fade into distant memory; and WHEREAS, it is only fitting that a lasting tribute to memorialize the unselfish patriotism of these special men and women should be created to perpetuate the memory of their great sacrifices to protect our freedom. PART III WHEREAS, Fred DeLoach, Jr., was born on May 17, 1929, in Valdosta, Georgia, to Fred DeLoach, Sr., and Cobbie Pedrick DeLoach; and WHEREAS, he attended Central Grammar, Valdosta Junior High, and Valdosta High School and graduated from Gordon Military High School in 1944; and WHEREAS, he continued his education at the University of Georgia and graduated with a Bachelor of Science degree in 1947; and WHEREAS, Fred DeLoach, Jr., served as the chairman of the group that brought Gold Kist to Lowndes County; and WHEREAS, he owned and operated DeLoach Hardware from 1956 to 1990 and also did some farming; and WHEREAS, he served as chairman of the Lowndes County Board of Commissioners from 1976 to 1992, and during this time, he also served as president of the Association County Commissioners of Georgia, chairman of the Board of Community Affairs, and as a member of Governor Joe Frank Harriss Growth Strategies Commission; and WHEREAS, he is a member of the First Baptist Church, the Valdosta Country Club, the Elks Club, and the Chamber of Commerce; and WHEREAS, it is only fitting that Fred DeLoach, Jr., be honored for his many 3568 JOURNAL OF THE SENATE contributions to his state and community by having a road dedicated in his honor. PART IV WHEREAS, Charles Ray King was born in Waycross, Georgia, on March 27, 1949, the only son of Henry King, Jr., and Rosa Lee Turner King, and was a 1967 graduate of Ware County High School; and WHEREAS, he lived in the Dixie Union area of Ware County where he worked on his fathers farm; and WHEREAS, he was drafted in 1969 and was sent to serve in Vietnam in 1970 where, on April 26, 1970, he was killed in action; and WHEREAS, as a result of his gallantry and devotion to duty, he received the Bronze Star with an oak leaf cluster along with the Purple Heart, the Good Conduct Medal, the Combat Infantryman Badge, the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal; and WHEREAS, he diligently and conscientiously devoted his time, talents, and energy toward the betterment of his community, state, and nation; and WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of his nation earned him the respect and admiration of his colleagues and associates; and WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and it is only fitting and proper that the bridge over the Satilla River on State Route 4/U. S. Route 1 in Ware County should be named in his honor. PART V WHEREAS, Ottis L. Stonecypher, Sr., was born on February 8, 1930, at a private residence in Habersham County; he was the second of four children in his family; and WHEREAS, he was raised on a farm in the Clarkesville-Mount Airy area and attended the Hills Switch School until he began his working life; and WHEREAS, he had been married to Treelis Ward Stonecypher for almost 30 years at the time of his death and he had three children, five grandchildren, and two greatgrandchildren; and WHEREAS, he was killed in an automobile accident on May 13, 2002, while returning from a cattle sale; and WEDNESDAY, APRIL 2, 2008 3569 WHEREAS, Stonecyphers professional life was more than full, and he was known as many things to many people; he was a businessman, a farmer, a mentor, an advisor, a leader, a family man, and a friend; and WHEREAS, at one point, he owned seven different Tastee-Freeze franchises all over Northeast Georgia; eventually he withdrew from the franchises and maintained two restaurants on his own, named Stoneys Family Restaurant, located in Clarkesville and Cleveland, Georgia; and WHEREAS, Stoney was also an avid cattle farmer, averaging between 500 and 600 head of cattle at any given time, and particularly enjoyed this aspect of his life, joining several boards and committees related to farming; he was a board member with North Georgia Cattlemens Association as well as the state-wide Georgia Cattlemens Association, and he was on the Georgia Beef Board; and WHEREAS, he won many awards during his life and after his death; the livestock pavilion at the Habersham County Fairgrounds was renamed and dedicated to Ottis Stonecypher, Sr., for his lifelong commitment to farming and raising cattle; the Habersham County Farm Bureau building was renamed Ottis Stonecypher, Sr. Building, and they awarded him the Outstanding Dedication and Leadership Award; the Georgia Farm Bureau honored Stonecypher with the Lifelong Commitment Award; he also received the Georgia and Habersham County Farm Bureau Community Leader Award and the Upper Chattahoochee Farm Family of the Year Award; and WHEREAS, he was always very community-minded, staying involved in most all aspects of the betterment of Habersham County life; he was chairman of the board at Habersham County Medical Center, president of Habersham County Farm Bureau, and sat on its board; and he was also a board member of Georgia Farm Bureau and Community Bank and Trust; and WHEREAS, Stonecypher was in the Charter Class of Leadership Habersham and was a member of the Mountaineer Shrine Club and Yaarab Temple; he was involved in many aspects of North Georgia community life and was well respected in all he did; and WHEREAS, he was a Korean War Veteran and is buried in the VFW Cemetery in Demorest, Georgia; and WHEREAS, everyone Stonecypher knew, and those who knew him, respected and admired him as a determined, hard worker and a self-made man; a person would be hardpressed to find someone that did not like Stoney, as he would help anyone in any way he could, throughout his life; his legacy is one of dedication and hard work, compassion and generosity; he will be remembered as one of Northeast Georgias finest citizens, and is greatly missed. 3570 JOURNAL OF THE SENATE PART VI WHEREAS, Sergeant Michael C. Hardegree was recently killed in a tragic accident while serving his country in Baghdad, Iraq; and WHEREAS, Michael was a native of Villa Rica, Georgia, where he grew up loving music and golf and graduated from Villa Rica High School in 2004; and WHEREAS, after graduation, he carried on a family tradition of military service by becoming an army paratrooper, serving with valor and distinction during two tours of duty in Iraq; and WHEREAS, this noble young soldier served with selfless patriotism and brought great honor to himself, his family, and his community; and WHEREAS, Sergeant Hardegree is survived by his parents, Stan and Cindy Hardegree of Villa Rica, and his sister, Beth Shaw of Fort Monroe, Virginia; and WHEREAS, it is fitting that we pay tribute to this brave warrior. PART VII WHEREAS, Edwin Hamilton was a long-time resident of Emerson, Georgia; and WHEREAS, he served his country in the Navy during Word War II; and WHEREAS, he managed the Colonial Food Store in Cartersville, Georgia, for many years; and WHEREAS, he cooperated in allowing the acquisition of his homeplace for the construction of this road and bridge, even though he was displaced at a time in his life when relocating was very difficult for him and his wife; and WHEREAS, Edwin Hamilton passed away in 2007 at the age of 86. PART VIII WHEREAS, Reverend George W. Nealy was born on October 15, 1929, and died on December 21, 2007; and WHEREAS, he spent many years of his life fighting for civil rights and, most notably for Webster County, Georgia, was involved in bringing about legal action that resulted in the formation of a multimember county commission in 1990 that guaranteed African American representation on the governing body of the county; and WHEREAS, without Reverend Nealys invaluable contributions, Webster County would WEDNESDAY, APRIL 2, 2008 3571 not have achieved the level of interracial cooperation in governmental affairs that exists today. PART IX WHEREAS, Cliff Shannon was tragically killed in a motorcycle accident on September 17, 2004; and WHEREAS, Cliff, who was born on December 1, 1956, served for nearly 30 years as a dedicated member of the Preston/Webster County Volunteer Fire Department; and WHEREAS, his contribution and service to his community will always be remembered and his death has left a void that is yet to be filled. PART X WHEREAS, Glenn E. Taylor was born in Paulding County in 1922 and was raised within a 60 mile radius of his birthplace; and WHEREAS, prior to his passing on May 1, 2006, he was a prominent citizen of Bartow County and the State of Georgia; and WHEREAS, he was a well respected and successful businessman, having established several enterprises, including the Bankhead Welding Service, Bankhead Manufacturing Group, Inc., and Bankhead Railway Services, Inc.; and WHEREAS, Glenn E. Taylor was also well known for his support of many charitable and benevolent organizations and he often opened his home and farm to host a variety of charitable and worthwhile events, such as the Cartersville-Bartow County annual picnic and the Euharlee Farmers Barbeque; and WHEREAS, he also set an example of unselfish public service while serving as past chairman and board member for the Georgia Department of Natural Resources for 23 years; and WHEREAS, he had a deep love and respect for the land he farmed along SR 113 in Bartow County, and many prominent Georgians attended gatherings on his farm; and WHEREAS, his most notable characteristic was his gentle nature and the kindness that he displayed in all aspects of his life; it can truly be said that to have known him was to have known a Southern Christian gentleman; and WHEREAS, it is only fitting that a road be dedicated as a lasting monument to his contributions to the people of Bartow County and the State of Georgia. 3572 JOURNAL OF THE SENATE PART XI WHEREAS, Trey Bartlett was a member in the United States Armed Forces, and he was serving his country in Iraq on July 15, 2007, when he lost his life at the young age of 25; and WHEREAS, Trey returned to military duty in Iraq after coming home at the time of his fathers death; out of his dedication to serve our great country during this time of conflict, he chose to return to duty at a time when he could have been honorably discharged, but he would not have it any other way; and WHEREAS, Benjamin Blake Bartlett, Sr., Treys father, passed away on April 13, 2007, at the age of 63; and WHEREAS, Anna Ruth Lee Bartlett (Ann), Treys mother, passed away on May 13, 1991, at the age of 47, when Trey was only nine years old; and WHEREAS, Treys only sibling, his sister, Lura Lee Bartlett, passed away on September 23, 1997, at the age of 31; and WHEREAS, prior to enlisting in the military, Trey resided in Talbot County, Georgia, with his father on the family homestead that is located on SR 41 between Woodland and Manchester, Georgia; and WHEREAS, it is only fitting that this young soldier have a road dedicated in his honor to serve as a lasting tribute of his service to his state and his country. PART XII WHEREAS, Leonard R. "Nookie" Meadows was born December 8, 1926, in Meriwether County, Georgia; he was the son of James Alvin and Mozelle Wise Meadows; and WHEREAS, he was a lifelong resident of Manchester, Georgia, and retired after a successful career as the president of the Meadows Companies, which included Meadows Motors, Inc., Meadows Ford, Inc., Meadows Insurance Agency, Smith-Steele Meadows Funeral Home, and Meadows Farms; and WHEREAS, for most of his life, Nookie took an active interest in his community and its citizens, relentlessly volunteering his time and energy so that others might experience a better quality of life, and he built a viable business network that provided local employment and stimulated economic growth that benefited the lives of many people throughout the community and state; and WHEREAS, he served as Representative of House District 91 from 1987 until 1992; and WEDNESDAY, APRIL 2, 2008 3573 WHEREAS, he was a member of the National Automobile Dealers Association, the Georgia State University Foundation Fund, and the Columbus Bank and Trust Advisory Board; a past president of the Manchester Industrial Corporation; a member of the Meriwether County Chamber of Commerce; a past president of the Kiwanis Club, where he held perfect attendance for 43 years; a member of the committee to save the Georgia Warm Springs Foundation, now the RWSIR; chairman and chairman emeritus of the Roosevelt Warm Springs Rehabilitation Fund from 1986 to 1992; a past president of the Roosevelt Warm Springs Development Fund; a past president of the Manchester Jaycees; a member of the Stephens Lodge #586 of the Free and Accepted Masons, the AL Sihah Shrine Temple, the Elks Lodge, the Moose Lodge, the American Legion, and the Pontiac Masters; a recipient of the Chevrolet Supremacy for over 22 years, the Honorary State Trooper award, the Flying Colonel award, the Manchester Chamber of Commerce Community Service Award, and the James T. Evans Rotary Award for Community Service; a member of the Manchester School Board, the Advisory Board of the Bank of Upson, and the Georgia Baptist Meriwether Hospital and Nursing Home Board; and he spearheaded the relocation of Horizon Medical to Manchester; and WHEREAS, it is only fitting and proper to celebrate the life of this Georgian and to recognize his great contributions to this state and to his community by dedicating the Leonard R. "Nookie" Meadows Memorial Highway in his memory. PART XIII WHEREAS, Franklin Lee Dixon passed away on September 14, 2007; and WHEREAS, it is the desire of the Rabun County Department of Education to honor Franklin Lee Dixon for his distinguished service to the citizens of Clayton and Rabun County; and WHEREAS, Franklin Lee Dixon was born in Fannin County, Georgia, and was the son of the late Bruce Burrell Dixon and Laura Freeman Dixon; and WHEREAS, Franklin Lee Dixon is survived by his wife, Joyce Ann Simmons Dixon; a son, Adam Dixon, and his wife, Jodi, of Clayton, Georgia; and three daughters, Dawn Shaw and her husband, Lee, of Flowery Branch, Georgia, Tara York and her husband, Bryne, of Tiger, Georgia, and Chantel Thompson and her husband, Robin, of Clayton, Georgia; and WHEREAS, also surviving is one brother, Benjamin Bruce Dixon, of Dawsonville, Georgia, and ten grandchildren, Daniel C. Ramey, Jared Shaw, Connor Shaw, Anna Kate Shaw, ONeil York, MacKenzie York, Keldon Dixon, Clayton Hunter Dixon, Abby Thompson, and Marley Thompson; and WHEREAS, Franklin Lee Dixon was the Transportation Director for the Rabun County 3574 JOURNAL OF THE SENATE School System, and for 30 years, he drove Rabun County students to school and for many extracurricular activities and was active in the Athletic Booster Club where he filmed football games for many years, and he always took pride in all of the children of Rabun County, Georgia; and WHEREAS, Franklin Lee Dixon took a special interest in caring for and assisting children with learning disabilities and never failed to conscientiously accept every driving assignment requested of him; and WHEREAS, he was a member of Flat Creek Baptist Church, a Master Mason and member of Blue Mountain Lodge #38, and a veteran of the United States Army Reserve; and WHEREAS, it is only right that this mans fruitful life be celebrated as he makes his home in heaven. PART XIV WHEREAS, Michael R. Fortson was a native son of Rabun County who graduated from Rabun County High School in 1983 and immediately went to work for the City of Clayton Police Department; and WHEREAS, he later was accepted into the Georgia State Patrol where he served with distinction from 1986 until his untimely death on July 19, 2007; and WHEREAS, Michael R. Fortson was a great asset to the community, a devoted husband and father, a caring brother, and a loving son to his parents, Willie and Hattie; and WHEREAS, it is the desire of Rabun County to honor Michael R. Fortson for his distinguished service to the citizens of Clayton, Rabun County, and the State of Georgia. PART XV WHEREAS, William "Billy" Harvey Jewell, Sr., was born on July 30, 1930, to William Riley Jewell and Johnnie Reva Newburn and spent the majority of his life living in Willacoochee, Georgia; and WHEREAS, Mr. Jewell served in the United States Army from 1950 to 1952 and was a decorated war veteran of the Korean War having been awarded two Bronze Stars, the Korean Service Medal, and the Infantrymans Badge for his patriotism and courage; and WHEREAS, during the early 1970s, Mr. Jewell became a police officer in Willacoochee and ultimately not only became Willacoochees police chief, but also chief of police in Pearson, Georgia; and WEDNESDAY, APRIL 2, 2008 3575 WHEREAS, Mr. Jewell was well respected and loved in his community and dedicated his life to ensuring that all in his community were safe; and while the number of his selfless deeds are countless, his heroism in saving the life of a child while camping in particularity shall always be remembered; and WHEREAS, Mr. Jewell lived his life as an example to all and taught many lessons in life, not only to his family, but to all in his community who had the pleasure of knowing him; he was a man of integrity and love that will not soon be forgotten. PART XVI WHEREAS, the veterans of service in the United States military have given of their time, energy, and sometimes their lives to secure the blessings of freedom for all the citizens of this great country; and WHEREAS, the sacrifices these great men and women have made to protect our nation should never be taken for granted or allowed to fade into distant memory; and WHEREAS, it is only fitting that a lasting tribute to memorialize the unselfish patriotism of these special men and women should be created to perpetuate the memory of their great sacrifices to protect our freedom. PART XVII WHEREAS, Carl Kelly began his military career by joining the Jackson National Guard, then called the Jackson Rifles, while he was still in his teens; and WHEREAS, when WWII started, the Jackson National Guard was called upon to train for the war in Europe and Carl Kelly was promoted to 1st Sergeant before he left for Ireland to wait for the invasion at Normandy; and WHEREAS, in St-Lo, France, he was wounded in action and awarded the first of his two bronze stars for gallantry and a Purple Heart; and WHEREAS, when the Korean Conflict began, Sgt. Kelly was immediately sent to Korea where he was awarded a battlefield commission to 2nd Lieutenant after distinguishing himself as a leader of men; and WHEREAS, after recuperating from a wound, he returned to battle and soon after was involved in a battle to save an artillery unit that had been ambushed; Lt. Kelly organized the artillerymen into fighting groups and with complete disregard for his safety, led attack after attack on the enemy forces; and WHEREAS, his conspicuous actions served to center the enemy fire on himself, and finally he was struck by enemy fire and fell mortally wounded; and 3576 JOURNAL OF THE SENATE WHEREAS, before he died he told a friend to tell his wife and children that he loved them very much and would see them in Heaven someday; and WHEREAS, Lt. Kelly was in the military service for 11 years and received three Purple Hearts, three Bronze Stars, and a Silver Star, as well as many other service medals. PART XVIII NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of SR 41 in Cook County from mile marker 0 to mile marker 10 is dedicated as the Sheriff D. J. Connell Memorial Highway. BE IT FURTHER RESOLVED that the portion of SR 7 in Lowndes County and the City of Valdosta which was formerly known as Inner Perimeter Road and which runs from the intersection of said route with North Valdosta Road, thence generally eastward, thence generally southward, and thence generally southwestward to the intersection of said route with Madison Highway is dedicated as Veterans Memorial Parkway. BE IT FURTHER RESOLVED that the portion of SR 94 from Perimeter Road in Lowndes County, Georgia, to the Echols County line is dedicated as the Fred DeLoach, Jr. Highway. BE IT FURTHER RESOLVED that the bridge over the Satilla River on State Route 4/U. S. Route 1 in Ware County is dedicated as the Charles Ray King Memorial Bridge. BE IT FURTHER RESOLVED that a portion of SR 197 from Mt. Airy to its intersection with SR 17, in Habersham County, be dedicated as the Ottis L. Stonecypher, Sr. Memorial Highway. BE IT FURTHER RESOLVED that the portion of SR 101 from the Carroll-Paulding County line to the intersection with Industrial Boulevard, in Carroll County, Georgia, be dedicated as the Sergeant Michael C. Hardegree Memorial Highway. BE IT FURTHER RESOLVED that the members of this body dedicate the new bridge on SR 296 at SR 113, in Bartow County, as the Edwin Price Hamilton Memorial Bridge. BE IT FURTHER RESOLVED that the bridge on SR 41 over Kinchafoonee Creek, in Webster County, be dedicated as the Reverend George W. Nealy Memorial Bridge in his honor. BE IT FURTHER RESOLVED that the members of this body dedicate the bridge on SR 153 over Lanahassee Creek, in Webster County, as the Cliff Shannon Memorial Bridge in honor of his service to his community. WEDNESDAY, APRIL 2, 2008 3577 BE IT FURTHER RESOLVED that the portion of SR 113 from the Polk County line to Red Top Mountain Road at I-75, in Bartow County, be named the Glenn E. Taylor Memorial Parkway. BE IT FURTHER RESOLVED that the portion of SR 41 from the northern city limits of Woodland, Georgia, to the southern city limits of Manchester, Georgia, in Talbot County be dedicated as the SFC Benjamin "Trey" Blake Bartlett Jr. Memorial Highway. BE IT FURTHER RESOLVED that the portion of SR 85 East between Manchester and Woodbury in Meriwether County, Georgia, be dedicated as the Leonard R. "Nookie" Meadows Memorial Highway. BE IT FURTHER RESOLVED that the bridge on US 441 near Rabun County High School in Rabun County be dedicated as the Lee Dixon Memorial Bridge in memory of his service to the people of Rabun County and the State of Georgia. BE IT FURTHER RESOLVED that the portion of SR 15/US 441 within the Clayton City limits in Rabun County be dedicated as the Trooper Michael R. Fortson Memorial Highway. BE IT FURTHER RESOLVED that the westbound lane of the easternmost bridge crossing the Alapaha River on Highway 82 in Atkinson County be dedicated as the Corporal William "Billy" Harvey Jewell, Sr. Bridge in his honor. BE IT FURTHER RESOLVED that the portion of SR 243 between SR 57 at the TwiggsWilkinson County line and SR 24 in Baldwin County be dedicated as the Veterans Memorial Highway. BE IT FURTHER RESOLVED that the portion of SR 16 East from the railroad tracks to the Jackson city limits, in Butts County, is dedicated as the Lt. Carl Kelly Memorial Highway. 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 Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, to the family of Sheriff D. J. Connell, to Fred DeLoach, Jr., to the family of Charles Ray King, to the family of Ottis L. Stonecypher, Sr., to the family of Sergeant Michael C. Hardegree, to the family of Edwin Price Hamilton, to the family of Reverend George W. Nealy, to the family of Cliff Shannon, to the family of Glenn E. Taylor, to the family of Benjamin Blake Bartlett, Jr., to the family of Leonard 3578 JOURNAL OF THE SENATE R. "Nookie" Meadows, to the family of Lee Dixon, to Kathleen Fortson, to Willie and Hattie Fortson, to the family of Mr. William "Billy" Harvey Jewell, Sr., to the Boards of Commissioners of Wilkinson and Baldwin counties, and to the family of Lt. Carl Kelly. Senator Mullis of the 53rd offered the following amendment #1: Amend the Senate Transportation Committee substitute to HR 468 by inserting between lines 7 and 8 of page 12 the following: WHEREAS, Christmas Moultrie was born a slave on Mulberry Grove Plantation on Christmas Day, 1863; and WHEREAS, Christmas Moultrie was the last child born into slavery on Mulberry Grove Plantation; and WHEREAS, Christmas Moultrie lived most of his life on the Plantation as a renowned Savannah River market hunter; and WHEREAS, Christmas Moultries expertise as a market hunter is documented in a book entitled Ward Allen, Savannah River Market Hunter by John Eugene Cay, Jr., copyright 1958; and WHEREAS, Mulberry Grove Plantation was where President George Washington stayed during his only visits to Georgia in the 1790s as the guest of Catherine Greene, the widow of the Revolutionary War hero, General Nathaniel Greene; and WHEREAS, Christmas Moultries grave is located outside Port Wentworth, Georgia, in historic Cherokee Hill Cemetery; and WHEREAS, it is only fitting that the life of Christmas Moultrie be memorialized by dedicating an interchange in his honor. PART XIX WHEREAS, portions of U.S. Highways 129, 78, and 278 and State Routes 47, 77, and 22 pass through historically significant regions of this state, especially with regard to Georgians who were leaders in the American Civil War; and WHEREAS, recognizing and promoting the historical significance of this region could promote economic development through tourism. PART XX WHEREAS, during the summer of 1864, six hundred Federal officers, prisoners of war, were placed in a residential area of Charleston, South Carolina, which was being shelled by Federal guns, night and day, since August of 1863; and WEDNESDAY, APRIL 2, 2008 3579 WHEREAS, in retaliation for erroneously alleged abuse of these Federal prisoners by Confederate authorities, on August 25, 1864, six hundred Confederate prisoners of war were selected from those confined at Fort Delaware to be used as human targets; and WHEREAS, the six hundred Confederate prisoners were placed in a pine-wood stockade immediately in front of a military target, Battery Wagner, occupied by Federal artillery; and WHEREAS, after 45 days of exposure to Confederate fire, there being no casualties, the Federal authorities decided to move the Confederates to Fort Pulaski in Georgia; and WHEREAS, while at Fort Pulaski, the remnant of the six hundred who had been determined to be physically able to be moved were fed wormy corn meal, pickles, and limited amounts of water. The men were intentionally starved. Clothing and blankets were withheld as well as firewood for warmth. It was one of the coldest winters in Georgia in many years; and WHEREAS, the Confederates were consistently promised "fair" treatment if they would sign the oath of allegiance to the United States. These men had sworn an oath of allegiance to the Confederate States of America, their country, and the war was still being waged. They endured abuse that is hard to imagine; and WHEREAS, upon completion of the War Between the States and the release of what was left of the six hundred by July 24, 1865, their story was being told by survivors and witnesses. They became known as "The Immortal Six Hundred" for their courage, strength, and fidelity to their country in the face of brutal retaliation for an alleged abuse that did not exist; and WHEREAS, in 1876, the Southern Historical Society Papers contained the following statement by Captain George W. Nelson of the Hanover Artillery of Virginia in honor of The Immortal Six Hundred: "The consequence of all this was that the prisoners died like sheep. Whatever the immediate cause of their death, that cause was induced by starvation, and over the dead bodies of nine-tenths of those brave, true men there can be given but one true verdict: 'Death by starvation.'" PART XXI By inserting after line 28 of page 13 the following: BE IT FURTHER RESOLVED that the members of this body honor the life of Christmas Moultrie by dedicating the entire north and south interchange at I-95 and SR 21 in Port Wentworth, Georgia, as the Christmas Moultrie Interchange. BE IT FURTHER RESOLVED that U.S. 129 from Gainesville to Jefferson to Athens; 3580 JOURNAL OF THE SENATE U.S. 78 from Athens to Lexington to Washington; SR 47 from Washington to Crawfordville; SR 77 from Lexington to Union Point; U.S. 278 from Union Point to Crawfordville; and SR 22 from Lexington to Philomath to Crawfordville to Sparta to Milledgeville are dedicated as the Civil War Heartland Leaders Trail. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain 28 signs identifying the Civil War Heartland Leaders Trail, dispersed throughout the course of the trail, with not less than two signs in each county through which the trail or a portion thereof passes. BE IT FURTHER RESOLVED that the portion of the road at the intersection of US 80 and County Road 228 (Fort Pulaski Road) for one-half mile in each direction on US 80 be dedicated as The Immortal Six Hundred Memorial Highway. By deleting line 13 of page 14 and inserting in lieu thereof the following: Baldwin counties, to the family of Lt. Carl Kelly, and to the North Port Wentworth Citizens Council. On the adoption of the amendment, there were no objections, and the Mullis amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson WEDNESDAY, APRIL 2, 2008 3581 Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Unterman Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 51, nays 0. HR 468, having received the requisite constitutional majority, was adopted by substitute. The following communication was received by the Secretary: Senator Nancy Schaefer District 50 302-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Retirement Ethics Appropriations Banking and Financial Institutions Economic Development Science and Technology The State Senate Atlanta, Georgia 30334 4/2/2008 I was called out and missed the vote on HR 468. I would like to vote in support of this bill. Thank you. /s/ Nancy Schaefer The Calendar was resumed. HR 1023. By Representatives Holmes of the 61st, Thomas of the 55th, Sinkfield of the 60th, Bruce of the 64th, Beasley-Teague of the 65th and others: A RESOLUTION dedicating the Tuskegee Airmen Parkway; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. Senator Mullis of the 53rd asked unanimous consent that HR 1023 be placed on the Table. The consent was granted, and HR 1023 was placed on the Table. 3582 JOURNAL OF THE SENATE 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 1489. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Dawson County; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of such boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such districts; to provide for debt of such districts including bonded indebtedness; to provide for cooperation with local governments; to provide for powers of such boards; 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 provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1490. By Representative Carter of the 159th: A BILL to be entitled an Act to amend an Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, so as to reconstitute the governing authority of the city; to provide for council districts; to provide for definitions and inclusions; to provide for continuation in office of the mayor and current members; to change the provisions relating to the regular expiration of terms of office of certain council members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1491. 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 placing the coroner of Bartow County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2731), as amended, particularly by an Act approved April 6, 1981 WEDNESDAY, APRIL 2, 2008 3583 (Ga. Laws 1981, p. 3952), so as to change the compensation of the coroner; 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: SB 556. By Senator Hooks of the 14th: A BILL to be entitled an Act to repeal an Act incorporating and providing a charter for the Town of Weston in Webster County, approved August 12, 1911 (Ga. L. 1911, p. 1620); to thereby provide for the territory formerly included in the town to become subject to governance by the governing authority of the consolidated government of Webster County or the governing authority of Webster County, whichever may be in effect on the effective date of this Act; to provide for the devolution of all assets and obligations of the Town of Weston to the consolidated government of Webster County or the county government of Webster County, whichever may be in effect on the effective date of this Act; to provide for other 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 998. By Representative Carter of the 159th: A BILL to be entitled an Act to provide for a homestead exemption from City of Rincon ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 153. By Senator Hill of the 32nd: 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 for the development of consumer driven health insurance plans by the Commissioner of Insurance; to allow such plans to include wellness and 3584 JOURNAL OF THE SENATE health promotion programs; to provide that such programs shall not be considered unfair trade practices; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Hill of the 32nd was excused for business outside the Senate Chamber. The Calendar was resumed. HR 1078. By Representative Tumlin of the 38th: A RESOLUTION compensating Mr. Willie Otis "Pete" Williams; and for other purposes. Senate Sponsor: Senator Tate of the 38th. The Senate Appropriations Committee offered the following amendment: Amend HR 1078 (LC 38 0652S) by striking "above" on line 7 of page 2 and inserting "below". On the adoption of the amendment, there were no objections, and the committee amendment was adopted. The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman N Cowsert Y Davenport N Douglas Y Fort N Goggans Y Golden Y Grant N Heath Y Henson C Hill,Jack E Hill,Judson Y Hooks N Hudgens N Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Schaefer N Seabaugh Y Seay Shafer,D N Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson N Unterman WEDNESDAY, APRIL 2, 2008 3585 Y Hamrick Harbison Y Harp Y Hawkins Powell Y Ramsey Y Reed Y Rogers Y Weber N Wiles Y Williams On the adoption of the resolution, the yeas were 40, nays 10. HR 1078, having received the requisite constitutional majority, was adopted as amended. The following House legislation was read the first time and referred to committee: HB 1489. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Dawson County; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of such boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such districts; to provide for debt of such districts including bonded indebtedness; to provide for cooperation with local governments; to provide for powers of such boards; 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 provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1490. By Representative Carter of the 159th: A BILL to be entitled an Act to amend an Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, so as to reconstitute the governing authority of the city; to provide for council districts; to provide for definitions and inclusions; to provide for continuation in office of the mayor and current members; to change the provisions relating to the regular expiration of terms of office of certain council members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 3586 JOURNAL OF THE SENATE HB 1491. 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 placing the coroner of Bartow County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2731), as amended, particularly by an Act approved April 6, 1981 (Ga. Laws 1981, p. 3952), 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. Senator Adelman of the 42nd was excused for business outside the Senate Chamber. The Calendar was resumed. HR 1425. By Representatives Barnard of the 166th, Lord of the 142nd, Buckner of the 130th and Floyd of the 147th: 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 Bartow, Dawson, Elbert, Hart, McDuffie, Jenkins, Wilkes, Fulton, Houston, Muscogee, Towns, and Washington counties, Georgia; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Grant of the 25th. Senators Grant of the 25th, Fort of the 39th and Reed of the 35th offered the following amendment #1: Amend House Resolution 1425 (LC 18 7213) by striking on line 17 of page 10 the phrase "the City of Atlanta," On the adoption of the amendment, there were no objections, and the Grant et al. amendment #1 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: E Adelman Balfour Y Brown Y Heath Y Henson C Hill,Jack Y Schaefer Y Seabaugh Y Seay WEDNESDAY, APRIL 2, 2008 3587 Y Bulloch Y Butler Y Carter Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp Y Hawkins E Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the adoption of the resolution, the yeas were 48, nays 0. HR 1425, having received the requisite constitutional majority, was adopted as amended. The following Senators were excused for business outside the Senate Chamber: Reed of the 35th Tarver of the 22nd HB 1196. By Representatives Stephens of the 164th, Keen of the 179th, Burkhalter of the 50th and Mills of the 25th: 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 certain tax credits; to amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, so as to provide that funds invested by the state from the Seed-Capital Fund, with certain restrictions, may include funds from sources other than the investment entity; 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 following Fiscal Note, as required by law, was read by the Secretary: 3588 JOURNAL OF THE SENATE 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 29, 2008 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 1196 Substitute (LC 38 0621S) The Georgia State University Fiscal Research Center provided the following description of this bill and analysis of its fiscal impact: Section 1 of this bill allows a 25 percent tax credit for qualified investments made in certain research fund investment entities established to provide early-stage financing for businesses formed as a result of the intellectual property resulting from the research conducted in the research universities in the state. This tax credit is nonrefundable and nontransferable but unused credits can be carried forward 10 years. The legislation stipulates that taxpayers are eligible for tax credits until the value of the research fund investment entity is in excess of $30 million. Furthermore, the bill provides a tax credit equal to 10 percent of a taxpayer's qualified investments in a legal entity that has received financial support from an investment entity described above. If a business is the recipient of early stage financial support by means of a research fund investment, then direct investors in the business are eligible for a tax credit equal to 10 percent of their direct investment in the business until such time as direct private investment in the business is in excess of $75 million. Lastly, Section 3 of this bill amends the rules governing the matching requirements associated with the use of funds from the Georgia Seed-Capital Fund. The modification WEDNESDAY, APRIL 2, 2008 3589 allows funds from the Seed-Capital Fund to be used in more flexible financial arrangements. Since the Seed-Capital Fund is funded entirely by the state, this provision has no effect on state tax revenues. Based on conversations with the Department of Revenue, the legislation will create only one fund. Once investment in this fund reaches a total of $40 million ($30 million private investment, $10 million state funds), the private investments will no longer be eligible for the 25 percent credit. It is also assumed that the $75 million dollars in direct investments in eligible entities be summed up over all investments in all qualified businesses. Thus, the tax credits would be available only until the aggregate direct investment in all qualified businesses reaches $75 million. The revenue loss to the state from the adoption of this bill would be $15 million. This revenue loss is expected to occur over several years as investment in the fund builds toward the cap. The Department of Revenue (DOR) estimated that this bill would have a first-year cost of approximately $120,000 and an annual, ongoing cost of $57,000. The first-year cost would be composed of a one-time cost of $60,000 for information technology (IT) system changes and contract labor to manage the Seed-Capital Fund credits; a one-time cost of $2,500 to update paper and web-based forms to represent the new tax provisions cited in this bill; an annual personnel cost of $47,000 for one position in the Taxpayer Services Division; and an annual personnel cost of $10,000 to maintain the document integrity of the processing center. Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget The Senate Finance Committee offered the following substitute to HB 1196: A BILL TO BE ENTITLED AN ACT To establish the "Georgia Science Education and Employment Development Act of 2008"; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide a definition for life sciences applicable to taxation; to prohibit duplicate taxation of certain venture capital revenues that pass through payments and credits to nonresidents and that discourage venture capital investment companies 3590 JOURNAL OF THE SENATE from locating in this state; to provide that Georgia taxable net income of certain taxpayers shall not include income which is attributable directly to a life sciences business of any taxpayer which has been relocated from another state for the first 12 months; to provide for an exemption for certain educational grants, scholarships, gifts, or awards; to provide for an income tax credit for qualified investments in research and development conducted in Georgia; to establish the "Georgia Research and Development Tax Credit"; to provide for a short title; to provide for legislative findings and intent; to provide for definitions; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for an income tax credit for the sale of biomass materials and alternative fuels grown or produced in Georgia; to provide for conditions and limitations; to provide for a tax credit for certain employers who employ students; to provide for conditions and procedures regarding such tax credit; to exempt life sciences businesses and corporations transferring to Georgia for the first 12 months; to provide for conditions and limitations; to provide for certain tax credits; to amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, so as to provide that funds invested by the state from the Seed-Capital Fund, with certain restrictions, may include funds from sources other than the investment entity; 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: PART I SECTION 1-1. This Act shall be known and may be cited as the "Georgia Science Education and Employment Development Act of 2008." SECTION 1-2. Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation generally, is amended in Code Section 48-1-2, relating to definitions, by renumbering paragraphs (16) through (26) as paragraphs (17) through (27), respectively, and adding a new paragraph (16) to read as follows: "(16) 'Life sciences' means research, development, and commercialization directly related to the use of compositions, methods, and organisms in cellular and molecular research, development, and manufacturing processes in areas such as pharmaceuticals, agriculture, homeland security, medical therapeutics, medical diagnostics, medical devices, veterinary medicine, plant biology, and microbiology; development and qualitative improvement in the areas of medical sciences, pharmaceutical sciences, environmental protection, biological sciences, zoology, botany, horticulture, ecology, toxicology, organic chemistry, physical chemistry, and physiology; and technological developments in the areas of molecular biology, genomics, proteomics, physiomics, nanotechnology, biodefense, biocomputing, bioinformatics, and other developments associated with biotechnology." WEDNESDAY, APRIL 2, 2008 3591 SECTION 1-3. Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization of revenue and taxation, is amended in Code Section 482-12, relating to the rules and regulations applicable to the Department of Revenue, by adding a new subsection to read as follows: "(e) The commissioner shall not be authorized to provide by rule and regulation for the taxation of any pass through or intermediary funding or payments conducted by any individual, business, corporation, or other entity in this state whether in the form of a cash payment, a periodic or special distribution, distribution of other property, a credit to an individual or entity in lieu of such payment, or an individuals or entitys distributive share of income or other gain that is passed through, distributed, or credited to any nonresident partnership, business corporation, or individual. Any such rule or regulation to the contrary shall be null and void." SECTION 1-4. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, is amended in subsection (a) of Code Section 48-7-27, relating to computation of taxable net income, by replacing "; and" at the end of paragraph (14) with a semicolon, replacing the period at the end of paragraph (15) with "; and", and adding a new paragraph to read as follows: "(16) The amount of funds paid to a taxpayer in the form of educational grants, scholarships, or other educational funding gifts or awards where such funds were expended for the purpose of attending any educational course offered by a university or college in Georgia to the extent that such amount was included in the taxpayers federal adjusted gross income." SECTION 1-5. Said article is further amended in Code Section 48-7-27, relating to computation of taxable net income, by striking subsection (e), which is reserved, and adding a new subsection (e) to read as follows: "(e) Georgia taxable net income shall not include any income of a taxpayer which is attributable directly to a life sciences business of the taxpayer which has relocated its primary place of business or business headquarters from another state or foreign state to the State of Georgia. The exclusion provided for under this subsection shall commence on the date that the business is relocated to Georgia and begins operations and shall continue for the ensuing 12 months or until such date that the business transfers its primary place of business or business headquarters from Georgia or otherwise ceases business operations in Georgia, whichever shall first occur. A life sciences business enterprise planning or undergoing a qualified business transfer to Georgia shall be eligible to make application to the commissioner for the income tax exemption. The department shall be authorized to determine eligibility for the income tax exemption ensuring that a business is a life sciences business and has transferred its business to this state." 3592 JOURNAL OF THE SENATE SECTION 1-6. Said article is further amended in Code Section 48-7-31, relating to taxation of corporations, by adding a new subsection (f) to read as follows: "(f) Georgia taxable net income of a corporation shall not include any income of such corporation which is attributable directly to the business of the corporation which has been relocated from another state or foreign state to the State of Georgia where such corporation is a life sciences corporation. The exclusion provided for under this subsection shall commence on the date that the corporation is relocated to Georgia and begins operations and shall continue for the ensuing 12 months or until such date that the corporation transfers its primary place of business or corporate headquarters from Georgia or otherwise ceases corporate operations in Georgia, whichever shall first occur. A life sciences corporation planning or undergoing a qualified business transfer to Georgia shall be eligible to make application to the commissioner for the income tax exemption. The department shall be authorized to determine eligibility for the income tax exemption ensuring that a corporation is a life sciences corporation and has transferred a corporation to this state." SECTION 1-7. Said article is further amended by adding new Code sections to read as follows: "48-7-40.27. (a) This Code section shall be known and may be cited as the 'Georgia Research and Development Investor Tax Credit.' (b) The legislature finds that the welfare of this state is enhanced by the research and development of new discoveries in Georgia and that the eventual commercialization of Georgia research and development in a healthy entrepreneurial business environment creates jobs and strengthens Georgias economy. Ready sources of capital necessary to support research and development are not currently available in the State of Georgia. This Code section is enacted for the purpose of facilitating the availability of equity investment in Georgia research and commercial development to expand Georgias economy by enlarging its base of wealth, creating businesses, and supporting the efforts of Georgia researchers and educators. (c) As used in this Code section, the term 'qualified investment' means a contribution of cash or a cash equivalent for the purpose of the research and development of innovative devices and discoveries by individuals, universities, colleges, or businesses, both private and public; provided, however, that a qualified investment shall only qualify for the credit provided by this Code section if such research and development is conducted in Georgia and is based upon reasonable and accepted scientific methods and practices. Qualified investments may be secured or unsecured and may be made at risk of loss or made as a gift, grant, or scholarship. Qualified investment also means a contribution of a cash or cash equivalent by a pass through or intermediary entity domiciled in the State of Georgia. (d) There shall be allowed to each person or entity making a qualified investment who WEDNESDAY, APRIL 2, 2008 3593 is subject to the taxes imposed by this chapter a tax credit that shall be deductible from the investors net income tax liability, if any, for the taxable year in which the investment was made in an amount of 50 percent of the qualified investment made by the taxpayer in each qualified investment. (e) In the event that the total amount of the tax credit under this Code section for a taxable year exceeds the taxpayers income tax liability, any unused tax credit shall be allowed the taxpayer against the next two succeeding years tax liabilities. No such tax credit shall be allowed the taxpayer against prior years tax liabilities. (f) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section. 48-7-40.28. (a) This Code section shall be known and may be cited as the 'Biofuel Tax Credit.' (b) As used in this Code section, the term: (1) 'Alternative fuel facility' means any facility located in this state which is primarily dedicated to the production, processing, and sale of ethanol, biodiesel, butanol, and their by-products. (2) 'Biomass materials' means any agricultural product or animal waste or by-product grown or produced in Georgia that is used in or for the production and processing of ethanol, biodiesel, butanol, and their by-products, including agricultural products, forestry products, animal fat by-products, or the wastes of such products. (c) There shall be allowed to each person or entity who sells qualified biomass material or alternative fuels produced in a qualified alternative fuel facility and who is subject to the taxes imposed by this chapter a tax credit in the amount of 10 percent of the sale. (d) In the event that the total amount of the tax credit under this Code section for a taxable year exceeds the taxpayers income tax liability, any unused tax credit shall be allowed the taxpayer against the next two succeeding years tax liabilities. No such tax credit shall be allowed the taxpayer against prior years tax liabilities. (e) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section. 48-7-40.29. (a) As used in this Code section, the term: (1) 'Credit' means a state income tax credit against the tax imposed pursuant to this article in an amount equal to 25 percent of the taxpayers qualified investment. (2) 'Qualified investment' means a cash investment in the research fund that is not a cash investment made by the state or on behalf of the state. (3) 'Research fund' means a fund that is an investment entity pursuant to paragraph (7) of Code Section 10-10-1, the purpose of which is to provide early-stage financing for businesses formed as a result of the intellectual property resulting from the research conducted in the research universities in this state. (b) A taxpayer shall be entitled to a credit for any qualified investment, subject to the conditions and limitations set forth in this Code section. Once the research fund 3594 JOURNAL OF THE SENATE reaches $30 million in total qualified investments, investors shall no longer be eligible for a credit pursuant to this subsection with respect to all subsequent qualified investments. (c) The credit provided in subsection (b) of this Code section shall be subject to the following conditions and limitations: (1) In no event shall the credit for a taxable year exceed the taxpayers income tax liability. Any unused portion of the credit shall be permitted to be carried forward and applied to the taxpayers tax liability for the subsequent ten years. The credit shall not be applied against the taxpayers prior years tax liabilities; (2) The utilization of the credit shall have no effect on the taxpayers basis in its investment; (3) A taxpayer shall only be allowed a credit for a qualified investment if the research fund issues to such taxpayer a certification that such investment meets the requirements of this Code section. Such certification shall include the taxpayers name, address, the last four digits of the taxpayers social security number or the employer identification number, as appropriate, the date, the amount of the qualified investment, and the amount of tax credit to which the taxpayer is entitled; (4) If the taxpayer is a Georgia Subchapter 'S' corporation, a partnership, or a limited liability company taxed as a partnership, the credit shall be claimed by the respective shareholders, partners, or members of such entities in the same manner as they would account for their proportionate shares of income or loss from such entities. For the purposes of this Code section, such shareholders, partners, or members shall be considered to have made the qualified investments attributable to their interest in such entities; and (5) No taxpayer shall be eligible to claim the credit provided in subsection (b) of this Code section for a cash investment if they claim the tax credit provided in Code Section 48-7-40.28 for such cash investment. (d) The research fund shall provide the department at least on an annual basis a report that includes the taxpayers name, the last four digits of the taxpayers social security number or the employer identification number, as appropriate, and the amount of the taxpayers qualified investment for which the research fund has issued to such taxpayer the certification pursuant to paragraph (3) of subsection (c) of this Code section. The research fund shall file this report with the department no later than January 31 of the year following the end of the reporting year. (e) In the event that the research fund liquidates prior to the investment of all of the cash received from taxpayers, the credit claimed with respect to such uninvested cash shall be recaptured. Such recapture shall be equal to the amount of the credit attributable to the qualified investment not invested by the research fund and returned to the taxpayer by the research fund. The recaptured amount shall be treated as taxes payable to the state for the taxable year in which such return of such investment occurs. (f) The commissioner may require such reports, promulgate such regulations, and gather such relevant data deemed necessary and advisable for the implementation of this Code section. WEDNESDAY, APRIL 2, 2008 3595 48-7-40.30. (a) As used in this Code section, the term: (1) 'Credit' means a state income tax credit against the tax imposed pursuant to this article in an amount equal to 10 percent of the taxpayers qualified investment. (2) 'Qualified investment' means a cash investment in a legal entity in which the research fund has invested; provided, however, that such investment has been made by the taxpayer at the invitation of the research fund with the express intention of permitting the taxpayer making such qualified investment to qualify for the credit. (3) 'Research fund' means a fund that is an investment entity pursuant to paragraph (7) of Code Section 10-10-1, the purpose of which is to provide early-stage financing for businesses formed as a result of the intellectual property resulting from the research conducted in the research universities in this state. (b) A taxpayer shall be entitled to a credit for any qualified investment, subject to the conditions and limitations set forth in this Code section. Once the total amount of qualified investments reaches $75 million, investors shall no longer be eligible for a credit pursuant to this subsection with respect to all subsequent qualified investments. (c) The credit provided in subsection (b) of this Code section shall be subject to the following conditions and limitations: (1) In no event shall the credit for a taxable year exceed the taxpayers income tax liability. Any unused portion of the credit shall be permitted to be carried forward and applied to the taxpayers tax liability for the subsequent ten years. The credit shall not be applied against the taxpayers prior years tax liabilities; (2) The utilization of the credit shall have no effect on the taxpayers basis in its investment; (3) A taxpayer shall only be allowed a credit for a qualified investment if the research fund issues to such taxpayer a certification that such investment meets the requirements of this Code section. Such certification shall include the taxpayers name, address, the last four digits of the taxpayers social security number or the employer identification number, as appropriate, the date, the amount of the qualified investment, and the amount of the credit to which the taxpayer is entitled; (4) If the taxpayer is a Georgia Subchapter 'S' corporation, a partnership, or a limited liability company taxed as a partnership, the credit shall be claimed by the respective shareholders, partners, or members of such entities in the same manner as they would account for their proportionate shares of income or loss from such entities. For the purposes of this Code section, such shareholders, partners, or members shall be considered to have made the qualified investments attributable to their interest in such entities; and (5) A taxpayer shall not claim the credit provided in subsection (b) of this Code section for a cash investment into the research fund. (d) The research fund shall provide the department at least on an annual basis a report that includes the taxpayers name, the last four digits of the taxpayers social security number or the employer identification number, as appropriate, and the amount of the taxpayers qualified investment for which the research fund has issued to such taxpayer 3596 JOURNAL OF THE SENATE the certification pursuant to paragraph (3) of subsection (c) of this Code section. The research fund shall file this report with the department no later than January 31 of the year following the end of the reporting year. (e) The commissioner may require such reports, promulgate such regulations, and gather such relevant data deemed necessary and advisable for the implementation of this Code section." SECTION 1-8. Said article is further amended by adding a new Code section to read as follows: "48-7-43. (a) As used in this Code section, the term: (1) 'Employer' means any employer upon whom an income tax is imposed by this chapter; provided, however, that a significant component of the employers business must include scientific research, development, or invention. (2) 'Employment' means any job, whether part time or full time, or any internship program whereby educational credit is provided by the students educational institution, which job or internship includes the application of scientific methods. (3) 'Student' means a person under the age of 25 years who has been enrolled in a public or private postsecondary or high school educational institution in this state during the previous nine months, who is in good standing for continued enrollment, and who, during the taxable year, remained enrolled in an educational institution for a minimum of nine months and while enrolled has attempted at least 15 quarter hours or 12 semester hours. (b) A tax credit against the tax imposed by this chapter shall be granted to an employer who first provides employment for a student on or after April 15, 2008. The amount of the tax credit shall be 100 percent of the wages paid to any such student; provided, however, that such tax credit may not exceed $25,000.00 per student. (c) The tax credit granted under this Code section shall not exceed the amount of the employers income tax liability for the taxable year as computed without regard to this Code section. Any such excess tax credit may be carried over and claimed during the five-year period after the taxable year for which the tax credit is claimed until such tax credit is exhausted. No such tax credit shall be allowed the taxpayer against prior years tax liabilities. (d) To be eligible to claim the tax credit granted under this Code section, the employer shall certify to the department the name of the employed student; include a letter from the students educational institution evidencing that such student has attempted the requisite number of quarter or semester hours during the taxable year; provide written evidence of the students wages, which may include, but not be limited to, copies of the students W-2 forms prepared by or for the employer; and furnish such other information as may be required by the department to ensure that tax credits are only granted to employers who provide employment for bona fide students pursuant to this Code section. The department shall adopt rules and regulations and forms to implement this tax credit program." WEDNESDAY, APRIL 2, 2008 3597 SECTION 1-9. Article 4 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the corporate net worth tax, is amended in Code Section 48-13-71, relating to organizations and companies exempt from corporate net worth tax, by striking "and" at the end of paragraph (1), striking the period and inserting "; and" at the end of paragraph (2), and adding a new paragraph to read as follows: "(3) Any life sciences organization, business, corporation, or company that has transferred its primary business operations or headquarters from another state or foreign state to the State of Georgia for the first 12 months of operation in Georgia, as determined by the department." PART II SECTION 2-1. Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the SeedCapital Fund, is amended in Code Section 10-10-4, relating to investing of funds with investment entities, by revising paragraph (1) of subsection (b) as follows: "(1) Either: (A) At least $3.00 of equity contributions has been committed in writing to the investment entity by persons other than the state for every $1.00 of equity contributions committed by the state from the fund or from an investment entity as to which the state is the sole limited liability owner to the investment entity of; or (B) At least $1.00 of equity contributions has been committed in writing to the investment entity by persons other than the state for every $1.00 of equity contributions committed by the state from the fund or from an investment entity as to which the state is the sole limited liability owner to an investment entity of; provided, however, that no investment is to be made from such investment entity in qualified securities without an equal or greater investment in the same enterprise from sources other than the investment entity, such that unless, in total, at least $3.00 of investment from sources other than the state, including which may include funds from sources other than the investment entity and funds invested by the investment entity in the enterprise that are other than from equity contributions made by the state from the fund or from an investment entity as to which the state is the sole limited liability owner of, has been committed to such enterprise for every $1.00 of the states portion of the amount invested in the qualified securities of such enterprise;" PART III SECTION 3-1. This Act shall become effective January 1, 2009, and shall be applicable to all taxable years beginning on or after January 1, 2009. SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed. 3598 JOURNAL OF THE SENATE On the adoption of the substitute, the yeas were 0, nays 31, and the committee substitute was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: E Adelman Balfour N Brown Y Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Powell Y Ramsey E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner E Tarver Y Tate Y Thomas,D N Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the passage of the bill, the yeas were 44, nays 3. HB 1196, having received the requisite constitutional majority, was passed. Senator Tolleson of the 20th was excused for business outside the Senate Chamber. HB 302. By Representatives Mumford of the 95th, Mangham of the 94th and Stephenson of the 92nd: A BILL to be entitled an Act to amend Code Section 48-13-51 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 an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Ramsey, Sr. of the 43rd. WEDNESDAY, APRIL 2, 2008 3599 The report of the committee, which was favorable to the 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 Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey E Reed Y Rogers Y Schaefer N Seabaugh Y Seay Y Shafer,D N Smith Y Staton Y Stoner E Tarver Y Tate Y Thomas,D N Thomas,R Thompson,C Y Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Williams On the passage of the bill, the yeas were 43, nays 3. HB 302, having received the requisite constitutional majority, was passed. HB 544. By Representatives Hembree of the 67th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 33-50-2 of the Official Code of Georgia Annotated, relating to a required license for any multiple employer self-insured health plan to transact business in this state and health plans of municipalities, counties, or other political subdivisions, so as to provide that any plan or arrangement established or maintained by two or more accredited independent nonproprietary institutions of higher education located in this state is not subject to the requirements relating to multiple employer self-insured health plans; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hill of the 32nd. 3600 JOURNAL OF THE SENATE The Senate Government Oversight Committee offered the following substitute to HB 544: 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 that any plan or arrangement established or maintained by two or more accredited independent nonproprietary institutions of higher education located in this state is not subject to the requirements relating to multiple employer self-insured health plans; to provide that the Commissioner of Insurance shall be authorized to allow health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses recognized under the rules of the federal Internal Revenue Service to be approved for sale in connection with or packaged with individual health insurance policies otherwise approved by the Commissioner; to enact the "Georgia Health Marketplace Act"; to establish the Georgia Health Marketplace to provide access to health care products for Georgia consumers; to provide for definitions; to establish the Georgia Health Marketplace Authority; to provide for its membership and powers; to provide for health care products and programs in the Georgia Health Marketplace; to create a marketing trust fund; to provide for limited liability; to provide for consumer complaints; to provide for catastrophic coverage products; to provide for rules and regulations; 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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising subsection (b) of Code Section 33-50-2, relating to a required license for any multiple employer self-insured health plan to transact business in this state and health plans of municipalities, counties, or other political subdivisions, as follows: "(b) This chapter does not apply to any plan or arrangement established or maintained by municipalities, counties, or other political subdivisions of the this state; any multiple employer self-insured health plan which is not subject to the application of state insurance laws under the provisions of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq.; to organizations established under the authority of or receiving funds pursuant to 42 U.S.C. Section 254(b) or 254(c), the federal Public Health Service Act; any other nonprofit organization exempt from federal taxation whose primary purpose is providing access to primary health care services for indigent citizens of Georgia; or to any plan or arrangement established or maintained by a nonprofit educational organization with assets of more than $100 million for the benefit of the employees of such organization and the employees of any affiliated or associated persons, firms, associations, or corporations which perform functions related to those of such educational organization or of which a majority of the WEDNESDAY, APRIL 2, 2008 3601 membership of the governing body is composed of employees or members of the governing body of the nonprofit educational organization; or to any plan or arrangement established or maintained, directly or through a legal entity, by two or more accredited independent nonproprietary institutions of higher education located in this state, which such institutions have combined assets of more than $100 million and are members of the Georgia nonprofit corporation representing a majority of the accredited independent nonproprietary institutions of higher education located in this state, for the benefit of the employees, including retired employees, of: (1) Such institutions; (2) Any affiliated or associated persons, firms, associations, trusts, or corporations that perform functions similar or related to those of one or more of such institutions or of which a majority of the membership of the governing body is composed of employees or members of the governing body of one or more of such institutions; and (3) The Georgia nonprofit corporation representing a majority of the accredited independent nonproprietary institutions of higher education located in this state." SECTION 2. Said title is further amended by striking Chapter 51, the "Georgia Basic Health Insurance Plan," in its entirety and inserting in lieu thereof a new Chapter 51 to read as follows: "CHAPTER 51 33-51-1. (a) The Commissioner shall be authorized to allow health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses recognized under the rules of the federal Internal Revenue Service to be approved for sale in connection with or packaged with individual health insurance policies otherwise approved by the Commissioner. (b) Health reimbursement arrangement only plans that are not sold in connection with or packaged with individual health insurance policies shall not be considered insurance under this title. (c) Individual insurance policies offered or funded through health reimbursement arrangements shall not be considered employer sponsored or group coverage for purposes of this title, and nothing in this Code section shall be interpreted to require an insurer to offer an individual health insurance policy for sale in connection with or packaged with a health reimbursement arrangement or to accept premiums from health reimbursement arrangement plans for individual health insurance policies." SECTION 3. Said title is further amended by adding a new chapter to read as follows: "CHAPTER 62 33-62-1. This chapter shall be known and may be cited as the "Georgia Health Marketplace Act." 3602 JOURNAL OF THE SENATE 33-62-2. For purposes of this chapter, the term: (1) 'Authority' means the Georgia Health Marketplace Authority established pursuant to Code Section 33-62-3. (2) 'Board' means the board of directors of the Georgia Health Marketplace Authority. (3) 'Commissioner' means the Commissioner of Insurance. (4) Fund' means the GHM Marketing Trust Fund, as established in Code Section 3362-6. (5) 'GHM' means the Georgia Health Marketplace established pursuant to Code Section 33-62-5. (6) 'Insurer' means any insurer or nonprofit organization authorized to sell accident and sickness policies, subscriber contracts, certificates, or agreements of any form under Chapters 15, 18, 19, 20, 21, 29, and 30 of this title. 33-62-3. (a) There is established the Georgia Health Marketplace Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name the authority may contract and be contracted with and bring and defend actions. The authority shall have perpetual existence. (b) The authority shall be governed by a board of directors composed of ten members as follows: (1) The executive director of the Georgia Technology Authority; (2) The Commissioner of the Department of Community Health; (3) The Commissioner of Insurance; (4) A physician who is licensed under Chapter 34 of Title 43, appointed by the Governor; (5) A representative of a health insurance company licensed to offer health insurance policies in this state, appointed by the Lieutenant Governor; (6) A consumer representative, appointed by the Lieutenant Governor; (7) A health care marketing expert, appointed by the Lieutenant Governor; (8) An agent licensed to offer health insurance policies in this state, appointed by the Speaker of the House of Representatives; (9) A consumer representative, appointed by the Speaker of the House of Representatives; and (10) A hospital administrator, appointed by the Speaker of the House of Representatives. The initial members of the board shall be appointed to terms of office beginning July 1, 2008. All members shall serve for terms of three years; provided, however, that for the purpose of providing for staggered terms, of the Lieutenant Governors and Speakers initial appointments, one each shall be appointed for a term of one year, two years, and three years, respectively. Any vacancy on the board shall be filled in the same manner as the original appointment, and any member appointed to fill a vacancy occurring WEDNESDAY, APRIL 2, 2008 3603 because of death, resignation, or ineligibility for membership shall serve only for the unexpired term of the members predecessor. A member shall be eligible for reappointment. (c) The board shall at its initial meeting and the first meeting of each calendar year thereafter select from among its members a chairperson and a vice chairperson. Meetings shall be held at the call of the chairperson or whenever any two members so request. (d) The members of the board who are not public officers shall be entitled to an expense allowance and reimbursement from funds of the authority for their actual travel expenses necessarily incurred in the performance of their duties and for each day actually spent in performance of their duties in the same manner as provided in Code Section 45-7-21. (e) A majority of the members of the board shall constitute a quorum for the transaction of business of the authority. The vote of at least a majority of the members present at any meeting at which a quorum is present is necessary for any action to be taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all rights and perform all duties of the board. (f) No member or employer of a member shall be eligible to bid on, or enter into, any contract let by the authority or receive payment from the authority as an employee, contractor, consultant, or vendor; provided, however, that this subsection shall not be construed to prohibit a member of the authority or employee of such member from submitting health care products for inclusion on the GHM in accordance with established policies and procedures of the authority. (g) The authority is assigned to the Department of Community Health for administrative purposes only, as prescribed in Code Section 50-4-3. 33-62-4. The authority shall have the following powers: (1) To hire officers, agents, and employees, including an executive director, as necessary to perform the duties and carry out the powers conferred by this chapter; (2) To have a seal and alter the same at its pleasure; (3) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (5) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; 3604 JOURNAL OF THE SENATE (6) To solicit, receive, and review proposals from technology vendors for the development and implementation of technology to operate and maintain the GHM, including an Internet website accessible to all Georgians; (7) To identify health care products which fall under the categories set out in paragraphs (2) through (6) of subsection (b) of Code Section 33-62-5 for inclusion in the GHM, provided that the authority shall not have the power to directly issue insurance policies; (8) To suspend, at its sole discretion, products from inclusion in the GHM and companies and entities from submitting products for inclusion based on evidence of fraud, provided such suspension or any reinstatement shall occur only upon the written request of the Commissioner or federal law enforcement authorities; (9) To develop and approve specific measurement tools for consumers to use in comparing health care products, including brief summaries of deductibles, copayment requirements, covered providers, benefits, premiums, and coverage limits. To the maximum extent possible, the authority shall utilize cost and quality measurements established by the Georgia Health Information Technology and Transparency Advisory Board; (10) To develop a brief questionnaire of not more than ten questions to enable visitors to the GHM website to obtain instant approximate price quotes consisting of either specific prices or price ranges for products they may wish to purchase. Approximate rates provided by insurers pursuant to such questionnaire shall be used only for informational purposes and shall create no contractual obligation on the part of an insurer to offer an individual a policy at such rate prior to completion of medical underwriting by such insurer. If identical policies are sold by an insurer on the GHM and outside the GHM, monthly premiums shall be comparable to each other for each policy. Information provided by consumers through the GHM for purposes of obtaining price quotes on products shall not be transferred outside the GHM or recorded in written or electronic form by the GHM; (11) To develop a common battery of medical underwriting questions that can be uniformly utilized by health insurance companies on a voluntary basis to medically underwrite policies; (12) To fix and collect fees and charges associated with the operation of the GHM, including but not limited to listing charges for health insurance companies and licensed insurance agents to register on the GHM; provided, however, that any fees and charges collected shall be used only for purposes of promoting the GHM to Georgia consumers and shall not be used for general administrative expenses associated with the GHM; (13) To administer the GHM Marketing Trust Fund, as established in Code Section 33-62-6; (14) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds and to use for its corporate purposes or redeposit or reinvest interest earned on such funds; WEDNESDAY, APRIL 2, 2008 3605 (15) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; and (16) To do all things necessary or convenient to carry out the powers conferred by this chapter. 33-62-5. (a) The authority shall establish, operate, and maintain the Georgia Health Marketplace, which shall serve as an Internet portal for access to health care products which fall under the categories set out in paragraphs (2) through (6) of subsection (b) of this Code section and to the PeachCare for Kids Program. The GHM shall also include specific measurement tools for consumers to use in comparing individual health care products, including brief summaries of deductibles, copayment requirements, covered providers, benefits, premiums, financial soundness ratings, and coverage limits. (b) The health care products and programs included in the GHM shall be in one of the following categories: (1) PeachCare for Kids Program created by Code Section 49-5-273; (2) Initiatives or programs established by the Department of Community Health aimed at providing accessible health insurance coverage to employees of small businesses in this state, such as the Health Insurance Partnership; (3) Traditional individual health insurance products sold by licensed Georgia insurers; (4) Individual health care savings accounts, including any health care plan offering medical savings accounts, health reimbursement arrangement accounts, or health savings accounts. (5) Health care services provided directly from a physician or hospital which do not require a health care provider to manage any risk, such as, but not limited to, a set number of office visits, annual checkups, a set range of imaging services, immunizations, and services provided on a regular schedule for chronic diseases. Prior to receiving health care services directly from a physician or hospital pursuant to this paragraph, a consumer shall be required to sign an acknowledgment and understanding of the following statement: 'I understand I am purchasing a prepaid package of medical services. This package of services is not health insurance and provides only prepaid services at a discounted rate. Purchasing this package without also purchasing catastrophic coverage insurance may leave me without coverage for many major medical problems.' These services shall not be treated as insurance products under Georgia law. The Composite State Board of Medical Examiners shall be responsible for disciplining any physician or physician acting on behalf of a hospital for unprofessional conduct in offering or providing such services; and (6) Individual catastrophic coverage products only as authorized pursuant to Code Section 33-62-8. (c) The GHM shall provide consumers who identify health care products on the GHM 3606 JOURNAL OF THE SENATE the option of contacting a health insurance company or a licensed insurance agent by telephone or direct electronic referral to the agent or company website when he or she has additional questions about a product at any point in the selection process, or is ready to purchase a product. For consumers choosing the licensed insurance agent option, licensed agents selling the selected plan shall be listed in the order directed by the authority, with that order being determined by professional qualifications of the agent and the agents geographical proximity to the address given by the consumer; provided, however, that the authority may take into consideration a licensed insurance agents history of consumer complaints against such agent in the listed order. The authority shall include on the GHM a description of the important role of licensed agents in educating consumers on health insurance products. Each agent listing provided to the consumer shall include a list of the GHM vendor companies for which the agent is licensed. (d) The provisions of Chapter 21 of this title shall not be deemed to prohibit licensees thereunder from selling the policies provided for in this Code section. (e) The purchase of an accident and sickness policy or contract under this Code section shall not preclude the purchaser from purchasing additional limited benefit insurance policies or contracts. (f) All insurance policies offered for sale on the GHM shall include coverage for the following procedures which are critical to the early detection of life-threatening diseases: ovarian cancer screening, colorectal cancer screening, diabetes screening, pap smears, mammograms, and prostate specific antigen tests. Further, policies offered for sale on the GHM which include a primary care component shall offer beneficiaries the choice of designating an obstetrician or gynecologist as their primary care physician. 33-62-6. (a) There is created the GHM Marketing Trust Fund as a separate fund in the state treasury. The trust fund shall be administered by the authority. (b) The trust fund shall consist of such moneys as appropriated by the General Assembly, fees and charges determined and collected by the authority for the operation of the Georgia Health Marketplace, which shall be limited to initial listing charges for health insurance companies and licensed insurance agents to register on the GHM, and private contributions from any source. (c) State funds received by the authority through appropriations by the General Assembly shall not be expended by the authority unless the authority collects or receives matching private funds at a ratio of 1:1 to the state funds through fees, charges, or contributions from health insurance companies, licensed insurance agents, or other private sources. State funds not matched within two years shall be returned from the trust fund to the general fund. (d) Funds from the trust fund shall be expended only for the purpose of entering into competitively bid contracts for private sector marketing, advertising, and public relations to promote the GHM to Georgia consumers. Funds shall not be expended for general administrative expenses associated with the GHM. WEDNESDAY, APRIL 2, 2008 3607 33-62-7. (a) The authority shall not be liable for any acts or omissions of an insurer related to its participation in the GHM. (b) Consumer complaints relating to health care products and programs purchased or enrolled in through the GHM shall be handled in the same manner as would be applicable if the consumer purchased or enrolled in the health care product or program through other means. 33-62-8. (a) Notwithstanding any other provision of law and on and after the effective date of this Code section, catastrophic coverage products may be offered by an insurer for purposes of this chapter only. Such products shall: (1) Have deductibles in at least a minimum amount as established by the authority; provided, however, that an insurer may set a higher deductible. Such minimum amount shall be equal to the amount established by the United States Department of Treasury as the minimum deductible for high deductible health plans, as it exists on the effective date of this Code section. The authority shall establish and maintain rules governing the adjustments of this figure for purposes of inflation which may be based on the method of adjustment for high deductible health plans established by the United States Department of Treasury or on the Consumer Price Index; (2) Provide coverage for services or treatment based solely upon a contractual agreement between the insurer and the consumer; (3) Be offered only through the GHM by participating insurers and agents; and (4) Be available for purchase only by individuals: (A) Between the ages of 18 and 25; or (B) Who certify in writing that they will open, within 60 days of purchase of the catastrophic coverage product, and maintain an active health care savings account capitalized to an amount equal to or greater than the annual deductible of the catastrophic coverage product the individual intends to purchase through the GHM. Products offered pursuant to this Code section shall not be subject to other Title 33 provisions including but not limited to provisions which require specific state mandated health benefits, which regulate premiums, or which regulate the issuance or cancellation of policies. (b) Prior to purchasing a catastrophic coverage product pursuant to this chapter, a consumer shall be required to sign an acknowledgment and understanding of the following statement: 'I understand that the catastrophic coverage product I am purchasing or enrolling in is not subject to any of the coverage requirements that state law mandates of standard health insurance plans. I understand that in exchange for paying a lower premium, I may be responsible for higher out of pocket expenses if I get sick or am in an accident.' (c) An insurer that offers one or more catastrophic coverage products through the GHM shall also make available for purchase on the GHM at least one individual 3608 JOURNAL OF THE SENATE accident and sickness insurance policy that contains all state mandated health benefits. (d) The Commissioner may promulgate rules and regulations as necessary to implement the provisions of this Code section. (e) All products offered for sale on the GHM pursuant to this Code section shall include coverage for the following procedures which are critical to the early detection of life-threatening diseases: ovarian cancer screening, colorectal cancer screening, diabetes screening, pap smears, mammograms, and prostate specific antigen tests. Further, products offered under this Code section which include a primary care component shall offer beneficiaries the choice of designating an obstetrician or gynecologist as their primary care physician. 33-62-9. The authority and the Commissioner, as appropriate, shall be authorized to adopt rules and regulations to effect the implementation of this chapter." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas N Fort Y Goggans Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Schaefer Y Seabaugh Y Seay Shafer,D Y Smith Y Staton Y Stoner E Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S WEDNESDAY, APRIL 2, 2008 3609 Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins N Orrock Y Pearson Powell Y Ramsey E Reed Y Rogers E Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 2. HB 544, having received the requisite constitutional majority, was passed by substitute. Senator Weber of the 40th was excused for business outside the Senate Chamber. HB 637. By Representatives Coleman of the 97th and Benton of the 31st: A BILL to be entitled an Act to amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to the assessment of effectiveness of educational programs under the "Quality Basic Education Act," so as to revise provisions relating to nationally norm-referenced instruments in reading, mathematics, science, and social studies; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hudgens of the 47th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour N Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Douglas Y Fort Y Goggans Y Golden Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Hudgens Y Jackson Y Johnson Y Jones N Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner E Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C N Thompson,S Y Tolleson 3610 JOURNAL OF THE SENATE Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Pearson Powell Y Ramsey E Reed Y Rogers Y Unterman E Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 3. HB 637, having received the requisite constitutional majority, was passed. HB 656. By Representatives Williams of the 89th, Lunsford of the 110th, Mangham of the 94th, Brooks of the 63rd, Watson of the 91st and others: A BILL to be entitled an Act to amend Code Section 47-3-121, relating to optional retirement allowances under the Teachers Retirement System of Georgia, election of such options, and revocation of election, so as to provide that a member who upon retirement elects survivors benefits for a spouse and another may, in the event of divorce, revoke such election as to the spouse; to provide that the member may elect to reallocate the spouses share amount among the other beneficiaries or such beneficiaries shall continue to be entitled to the same benefit; to provide for a recalculation of the members benefit; 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 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 5, 2008 The Honorable Ben Bridges State Representative State Capitol, Room 402 Atlanta, Georgia 30334 WEDNESDAY, APRIL 2, 2008 3611 SUBJECT: State Auditor's Certification Substitute to House Bill 656 (LC 21 9645S) Dear Representative Bridges: This substitute bill would amend provisions relating to optional retirement benefits under the Teachers Retirement System. Specifically, this bill would affect members who, upon retirement, elect survivor's benefits for his or her spouse and for one or more other persons, then subsequently divorce the spouse. If this bill is enacted, such members would be authorized to revoke the election of benefits to a spouse upon the final judgment of divorce. Once such election is revoked, the member would be authorized to elect one of the following options: The member may allocate the spouse's percentage of benefits among the beneficiaries other than the spouse. Under this option, the member's retirement benefits would be recalculated to compensate for the remaining survivor's benefit as determined by an actuary; or The beneficiaries, other than the spouse, shall continue to be entitled to receive the same percentage of the member's retirement allowance. Under this option, the member's retirement allowance would return to the allowance which would otherwise be payable to him or her if the member had not elected such option, except there would be a reduction to compensate for the remaining survivor's benefit as determined by the actuary. The provisions of this substitute bill would only apply to final judgments received by the Teachers Retirement System on or after July 1, 2008. In no event, shall any adjustment be made retroactively. 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 prepared for House Bill 656 (LC 21 9325) would still apply to (LC 21 9645S). A copy of the actuarial investigation is attached to this retirement certification. 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: 3612 JOURNAL OF THE SENATE E Adelman Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Powell Y Ramsey E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Shafer,D Y Smith Y Staton Y Stoner E Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 0. HB 656, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: SB 33. 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 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. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to authorize the development and implementation of a state-wide first responder building mapping information system; to provide legislative WEDNESDAY, APRIL 2, 2008 3613 findings and declarations; to provide for definitions; to provide for rules and regulations; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required and disclosure of exempting legal authority, so as to the exempt such building mapping information from public disclosure; 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 adding a new article to read as follows: "ARTICLE 9 38-3-140. The General Assembly recognizes the extreme dangers present when the safety of our citizens requires first responders such as police and firefighters 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. 38-3-141. 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. (3) 'Director' means the director of the agency. 38-3-142. (a) Subject to availability of funds for such purposes, the agency shall be authorized to create and operate a 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 public safety agencies. (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 shall require any state or local agency to map 3614 JOURNAL OF THE SENATE any building. (c) State and local agencies electing to participate in the building mapping information system once such 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 such system may also voluntarily forward its building mapping information to the agency. The agency may refuse any information that does not comply with the agencys specifications and requirements. (d) The agency shall be 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 shall only be 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 shall be authorized to pursue federal funds or other sources of funding for the creation and operation of the building mapping information system and shall be 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 subparagraph (21) of 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. 38-3-143. 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. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required and disclosure of exempting legal authority, is amended by striking the word "or" at the end of paragraph (19) of subsection (a), by striking the WEDNESDAY, APRIL 2, 2008 3615 period at the end of paragraph (20) of such subsection and inserting in lieu thereof "; or", and by adding a new paragraph to such subsection to read as follows: "(21) Building mapping information produced and maintained pursuant to Article 9 of Chapter 3 of Title 38." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Harbison of the 15th moved that the Senate agree to the House substitute to SB 33 as amended by the following amendment: Amend the committee substitute to SB 33 by substituting on line 9 of page 2 shall for "may" and on line 1 of page 3 shall for "may" On the motion, a roll call was taken and the vote was as follows: E Adelman Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner E Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 33 as amended by the Senate. The following Senators were excused for business outside the Senate Chamber: Grant of the 25th Thompson of the 5th 3616 JOURNAL OF THE SENATE The Calendar was resumed. HB 864. By Representative Knox of the 24th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to remove a participation requirement before the extension of group life policy coverage to dependents of employees or members; to provide cash surrender values of annuities are exempt from claims of creditors; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. The Senate Government Oversight Committee offered the following substitute to HB 864: A BILL TO BE ENTITLED AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to remove a participation requirement before the extension of group life policy coverage to dependents of employees or members; to provide cash surrender values of annuities are exempt from claims of creditors; to enact the "Georgia Health Marketplace Act"; to establish the Georgia Health Marketplace to provide access to health care products for Georgia consumers; to provide for definitions; to establish the Georgia Health Marketplace Authority; to provide for its membership and powers; to provide for health care products and programs in the Georgia Health Marketplace; to create a marketing trust fund; to provide for limited liability; to provide for consumer complaints; to provide for catastrophic coverage products; to provide for rules and regulations; 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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising paragraph (1) of subsection (a) of Code Section 33-27-2, relating to the extension of group life policy coverage to dependents of employees or members, to read as follows: "(1) The premium for the insurance shall be paid by the policyholder either from the employers or unions funds or funds contributed by the insured employees or members, or from both. If any part of the premium is to be derived from funds contributed by the insured employees or members, the insurance with respect to spouses and children may be placed in force only if at least 75 percent of the then eligible employees or members, excluding any as to whose family members evidence WEDNESDAY, APRIL 2, 2008 3617 of insurability is not satisfactory to the insurer, elect to make the required contribution. If no part of the premium is to be derived from funds contributed by the employees or members, all eligible employees or members, excluding any as to whose family members members evidence of insurability is not satisfactory to the insurer, must be insured with respect to their spouses and children;" SECTION 2. Said title is further amended by revising Code Section 33-28-7, relating to right of beneficiaries and assignees to proceeds of annuity, reversionary annuity, and pure endowment contracts as against creditors, to read as follows: "33-28-7. The cash surrender values or proceeds of annuity, reversionary annuity, or pure endowment contracts issued to citizens or residents of this state, upon whatever form, shall not in any case be liable to attachment, garnishment, or legal process in favor of any creditor of the person who is the beneficiary of such annuity contract unless the annuity contract was assigned to or was effected for the benefit of such creditor or unless the purchase, sale, or transfer of the policy is made with the intent to defraud creditors." SECTION 3. Said title is further amended by adding a new chapter to read as follows: "CHAPTER 62 33-62-1. This chapter shall be known and may be cited as the "Georgia Health Marketplace Act." 33-62-2. For purposes of this chapter, the term: (1) 'Authority' means the Georgia Health Marketplace Authority established pursuant to Code Section 33-62-3. (2) 'Board' means the board of directors of the Georgia Health Marketplace Authority. (3) 'Commissioner' means the Commissioner of Insurance. (4) 'Fund' means the GHM Marketing Trust Fund, as established in Code Section 3362-6. (5) 'GHM' means the Georgia Health Marketplace established pursuant to Code Section 33-62-5. (6) 'Insurer' means any insurer or nonprofit organization authorized to sell accident and sickness policies, subscriber contracts, certificates, or agreements of any form under Chapters 15, 18, 19, 20, 21, 29, and 30 of this title. 33-62-3. (a) There is established the Georgia Health Marketplace Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name 3618 JOURNAL OF THE SENATE the authority may contract and be contracted with and bring and defend actions. The authority shall have perpetual existence. (b) The authority shall be governed by a board of directors composed of ten members as follows: (1) The executive director of the Georgia Technology Authority; (2) The Commissioner of the Department of Community Health; (3) The Commissioner of Insurance; (4) A physician who is licensed under Chapter 34 of Title 43, appointed by the Governor; (5) A representative of a health insurance company licensed to offer health insurance policies in this state, appointed by the Lieutenant Governor; (6) A consumer representative, appointed by the Lieutenant Governor; (7) A health care marketing expert, appointed by the Lieutenant Governor; (8) An agent licensed to offer health insurance policies in this state, appointed by the Speaker of the House of Representatives; (9) A consumer representative, appointed by the Speaker of the House of Representatives; and (10) A hospital administrator, appointed by the Speaker of the House of Representatives. The initial members of the board shall be appointed to terms of office beginning July 1, 2008. All members shall serve for terms of three years; provided, however, that for the purpose of providing for staggered terms, of the Lieutenant Governors and Speakers initial appointments, one each shall be appointed for a term of one year, two years, and three years, respectively. Any vacancy on the board shall be filled in the same manner as the original appointment, and any member appointed to fill a vacancy occurring because of death, resignation, or ineligibility for membership shall serve only for the unexpired term of the members predecessor. A member shall be eligible for reappointment. (c) The board shall at its initial meeting and the first meeting of each calendar year thereafter select from among its members a chairperson and a vice chairperson. Meetings shall be held at the call of the chairperson or whenever any two members so request. (d) The members of the board who are not public officers shall be entitled to an expense allowance and reimbursement from funds of the authority for their actual travel expenses necessarily incurred in the performance of their duties and for each day actually spent in performance of their duties in the same manner as provided in Code Section 45-7-21. (e) A majority of the members of the board shall constitute a quorum for the transaction of business of the authority. The vote of at least a majority of the members present at any meeting at which a quorum is present is necessary for any action to be taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all rights and perform all duties of the board. (f) No member or employer of a member shall be eligible to bid on, or enter into, any WEDNESDAY, APRIL 2, 2008 3619 contract let by the authority or receive payment from the authority as an employee, contractor, consultant, or vendor; provided, however, that this subsection shall not be construed to prohibit a member of the authority or employee of such member from submitting health care products for inclusion on the GHM in accordance with established policies and procedures of the authority. (g) The authority is assigned to the Department of Community Health for administrative purposes only, as prescribed in Code Section 50-4-3. 33-62-4. The authority shall have the following powers: (1) To hire officers, agents, and employees, including an executive director, as necessary to perform the duties and carry out the powers conferred by this chapter; (2) To have a seal and alter the same at its pleasure; (3) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (5) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; (6) To solicit, receive, and review proposals from technology vendors for the development and implementation of technology to operate and maintain the GHM, including an Internet website accessible to all Georgians; (7) To identify health care products which fall under the categories set out in paragraphs (2) through (6) of subsection (b) of Code Section 33-62-5 for inclusion in the GHM, provided that the authority shall not have the power to directly issue insurance policies; (8) To suspend, at its sole discretion, products from inclusion in the GHM and companies and entities from submitting products for inclusion based on evidence of fraud, provided such suspension or any reinstatement shall occur only upon the written request of the Commissioner or federal law enforcement authorities; (9) To develop and approve specific measurement tools for consumers to use in comparing health care products, including brief summaries of deductibles, copayment requirements, covered providers, benefits, premiums, and coverage limits. To the maximum extent possible, the authority shall utilize cost and quality measurements established by the Georgia Health Information Technology and Transparency Advisory Board; (10) To develop a brief questionnaire of not more than ten questions to enable 3620 JOURNAL OF THE SENATE visitors to the GHM website to obtain instant approximate price quotes consisting of either specific prices or price ranges for products they may wish to purchase. Approximate rates provided by insurers pursuant to such questionnaire shall be used only for informational purposes and shall create no contractual obligation on the part of an insurer to offer an individual a policy at such rate prior to completion of medical underwriting by such insurer. If identical policies are sold by an insurer on the GHM and outside the GHM, monthly premiums shall be comparable to each other for each policy. Information provided by consumers through the GHM for purposes of obtaining price quotes on products shall not be transferred outside the GHM or recorded in written or electronic form by the GHM; (11) To develop a common battery of medical underwriting questions that can be uniformly utilized by health insurance companies on a voluntary basis to medically underwrite policies; (12) To fix and collect fees and charges associated with the operation of the GHM, including but not limited to listing charges for health insurance companies and licensed insurance agents to register on the GHM; provided, however, that any fees and charges collected shall be used only for purposes of promoting the GHM to Georgia consumers and shall not be used for general administrative expenses associated with the GHM; (13) To administer the GHM Marketing Trust Fund, as established in Code Section 33-62-6; (14) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds and to use for its corporate purposes or redeposit or reinvest interest earned on such funds; (15) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; and (16) To do all things necessary or convenient to carry out the powers conferred by this chapter. 33-62-5. (a) The authority shall establish, operate, and maintain the Georgia Health Marketplace, which shall serve as an Internet portal for access to health care products which fall under the categories set out in paragraphs (2) through (6) of subsection (b) of this Code section and to the PeachCare for Kids Program. The GHM shall also include specific measurement tools for consumers to use in comparing individual health care products, including brief summaries of deductibles, copayment requirements, covered providers, benefits, premiums, financial soundness ratings, and coverage limits. (b) The health care products and programs included in the GHM shall be in one of the following categories: (1) PeachCare for Kids Program created by Code Section 49-5-273; (2) Initiatives or programs established by the Department of Community Health aimed at providing accessible health insurance coverage to employees of small WEDNESDAY, APRIL 2, 2008 3621 businesses in this state, such as the Health Insurance Partnership; (3) Traditional individual health insurance products sold by licensed Georgia insurers; (4) Individual health care savings accounts, including any health care plan offering medical savings accounts, health reimbursement arrangement accounts, or health savings accounts. (5) Health care services provided directly from a physician or hospital which do not require a health care provider to manage any risk, such as, but not limited to, a set number of office visits, annual checkups, a set range of imaging services, immunizations, and services provided on a regular schedule for chronic diseases. Prior to receiving health care services directly from a physician or hospital pursuant to this paragraph, a consumer shall be required to sign an acknowledgment and understanding of the following statement: 'I understand I am purchasing a prepaid package of medical services. This package of services is not health insurance and provides only prepaid services at a discounted rate. Purchasing this package without also purchasing catastrophic coverage insurance may leave me without coverage for many major medical problems.' These services shall not be treated as insurance products under Georgia law. The Composite State Board of Medical Examiners shall be responsible for disciplining any physician or physician acting on behalf of a hospital for unprofessional conduct in offering or providing such services; and (6) Individual catastrophic coverage products only as authorized pursuant to Code Section 33-62-8. (c) The GHM shall provide consumers who identify health care products on the GHM the option of contacting a health insurance company or a licensed insurance agent by telephone or direct electronic referral to the agent or company website when he or she has additional questions about a product at any point in the selection process, or is ready to purchase a product. For consumers choosing the licensed insurance agent option, licensed agents selling the selected plan shall be listed in the order directed by the authority, with that order being determined by professional qualifications of the agent and the agents geographical proximity to the address given by the consumer; provided, however, that the authority may take into consideration a licensed insurance agents history of consumer complaints against such agent in the listed order. The authority shall include on the GHM a description of the important role of licensed agents in educating consumers on health insurance products. Each agent listing provided to the consumer shall include a list of the GHM vendor companies for which the agent is licensed. (d) The provisions of Chapter 21 of this title shall not be deemed to prohibit licensees thereunder from selling the policies provided for in this Code section. (e) The purchase of an accident and sickness policy or contract under this Code section shall not preclude the purchaser from purchasing additional limited benefit insurance policies or contracts. 3622 JOURNAL OF THE SENATE (f) All insurance policies offered for sale on the GHM shall include coverage for the following procedures which are critical to the early detection of life-threatening diseases: ovarian cancer screening, colorectal cancer screening, diabetes screening, pap smears, mammograms, and prostate specific antigen tests. Further, policies offered for sale on the GHM which include a primary care component shall offer beneficiaries the choice of designating an obstetrician or gynecologist as their primary care physician. 33-62-6. (a) There is created the GHM Marketing Trust Fund as a separate fund in the state treasury. The trust fund shall be administered by the authority. (b) The trust fund shall consist of such moneys as appropriated by the General Assembly, fees and charges determined and collected by the authority for the operation of the Georgia Health Marketplace, which shall be limited to initial listing charges for health insurance companies and licensed insurance agents to register on the GHM, and private contributions from any source. (c) State funds received by the authority through appropriations by the General Assembly shall not be expended by the authority unless the authority collects or receives matching private funds at a ratio of 1:1 to the state funds through fees, charges, or contributions from health insurance companies, licensed insurance agents, or other private sources. State funds not matched within two years shall be returned from the trust fund to the general fund. (d) Funds from the trust fund shall be expended only for the purpose of entering into competitively bid contracts for private sector marketing, advertising, and public relations to promote the GHM to Georgia consumers. Funds shall not be expended for general administrative expenses associated with the GHM. 33-62-7. (a) The authority shall not be liable for any acts or omissions of an insurer related to its participation in the GHM. (b) Consumer complaints relating to health care products and programs purchased or enrolled in through the GHM shall be handled in the same manner as would be applicable if the consumer purchased or enrolled in the health care product or program through other means. 33-62-8. (a) Notwithstanding any other provision of law and on and after the effective date of this Code section, catastrophic coverage products may be offered by an insurer for purposes of this chapter only. Such products shall: (1) Have deductibles in at least a minimum amount as established by the authority; provided, however, that an insurer may set a higher deductible. Such minimum amount shall be equal to the amount established by the United States Department of Treasury as the minimum deductible for high deductible health plans, as it exists on the effective date of this Code section. The authority shall establish and maintain WEDNESDAY, APRIL 2, 2008 3623 rules governing the adjustments of this figure for purposes of inflation which may be based on the method of adjustment for high deductible health plans established by the United States Department of Treasury or on the Consumer Price Index; (2) Provide coverage for services or treatment based solely upon a contractual agreement between the insurer and the consumer; (3) Be offered only through the GHM by participating insurers and agents; and (4) Be available for purchase only by individuals: (A) Between the ages of 18 and 25; or (B) Who certify in writing that they will open, within 60 days of purchase of the catastrophic coverage product, and maintain an active health care savings account capitalized to an amount equal to or greater than the annual deductible of the catastrophic coverage product the individual intends to purchase through the GHM. Products offered pursuant to this Code section shall not be subject to other Title 33 provisions including but not limited to provisions which require specific state mandated health benefits, which regulate premiums, or which regulate the issuance or cancellation of policies. (b) Prior to purchasing a catastrophic coverage product pursuant to this chapter, a consumer shall be required to sign an acknowledgment and understanding of the following statement: 'I understand that the catastrophic coverage product I am purchasing or enrolling in is not subject to any of the coverage requirements that state law mandates of standard health insurance plans. I understand that in exchange for paying a lower premium, I may be responsible for higher out of pocket expenses if I get sick or am in an accident.' (c) An insurer that offers one or more catastrophic coverage products through the GHM shall also make available for purchase on the GHM at least one individual accident and sickness insurance policy that contains all state mandated health benefits. (d) The Commissioner may promulgate rules and regulations as necessary to implement the provisions of this Code section. (e) All products offered for sale on the GHM pursuant to this Code section shall include coverage for the following procedures which are critical to the early detection of life-threatening diseases: ovarian cancer screening, colorectal cancer screening, diabetes screening, pap smears, mammograms, and prostate specific antigen tests. Further, products offered under this Code section which include a primary care component shall offer beneficiaries the choice of designating an obstetrician or gynecologist as their primary care physician. 33-62-9. The authority and the Commissioner, as appropriate, shall be authorized to adopt rules and regulations to effect the implementation of this chapter." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming 3624 JOURNAL OF THE SENATE 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, there were no objections, 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 Balfour N Brown Y Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath N Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Powell N Ramsey E Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton Stoner E Tarver N Tate Y Thomas,D N Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 37, nays 10. HB 864, having received the requisite constitutional majority, was passed by substitute. HB 881. By Representatives Jones of the 46th, Coleman of the 97th, Lindsey of the 54th, Millar of the 79th, Everson of the 106th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to provide for legislative findings and intent; to establish the Georgia Charter Schools Commission; to WEDNESDAY, APRIL 2, 2008 3625 provide for its powers and duties; to provide for chartering authority for commission charter schools; to provide for approval of cosponsors; to provide for cosponsor agreements; to provide for revocation of approval of cosponsors; to provide for application and review; to provide for applications of existing charter schools; to provide for application of the general laws; to provide for access to information; to provide for an annual report; to provide for duties, powers, and authority of the State Board of Education with respect to the foregoing; to provide for duties of the sponsor; to provide for appeal; to provide for debts of charter schools; to provide for findings; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Weber of the 40th. The Senate Education and Youth Committee offered the following substitute to HB 881: 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 legislative findings and intent; to provide for definitions; to establish the Georgia Charter Schools Commission; to provide for its powers and duties; to provide for commission charter schools; to provide for cosponsors; to provide for petitions and review; to provide for petitions from existing charter schools; to provide for access to information for parents; to provide for an annual report; to provide for debts of commission charter schools; to provide for funding for commission charter schools; to provide for collaboration by the commission with the Department of Education; to provide for rules and regulations; to provide for application of general charter school laws; to provide for retention of administrative fees by a local board of education for newly approved local charter schools; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is revised by adding a new article to read as follows: "ARTICLE 31A 20-2-2080. (a) The General Assembly finds that: (1) Charter schools are a critical component in this states efforts to provide efficient and high-quality schools within this states uniform system of public education; (2) Charter schools provide valuable educational options and learning opportunities while expanding the capacity of this states system of public education and 3626 JOURNAL OF THE SENATE empowering parents with the ability to make choices that best fit the individual needs of their children; and (3) The growth of charter schools in this state has contributed to enhanced student performance, greater efficiency, and increased parental satisfaction. (b) It is the intent of the General Assembly that: (1) There be established a state-level commission whose primary focus is the development and support of charter schools in order to better meet the growing and diverse needs of some of the increasing number and array of charter schools in this state and to further ensure that charter schools of the highest academic quality are approved and supported throughout the state in an efficient manner; and (2) New sources of community support from cosponsors should be authorized to participate in developing and supporting charter schools, with the goal of maximizing access to a wide variety of high-quality educational options for all students regardless of disability, race, or socioeconomic status, including those students who have struggled in a traditional public school setting. 20-2-2081. As used in this article, the term: (1) 'Commission' means the Georgia Charter Schools Commission established pursuant to Code Section 20-2-2082. (2) 'Commission charter school' means a charter school authorized by the commission pursuant to this article whose creation is authorized as a special school pursuant to Article VIII, Section V, Paragraph VII of the Constitution. A commission charter school shall exist as a public school within the state as a component of the delivery of public education within Georgias K-12 education system. (3) 'Cosponsor' means a municipality, county, consolidated government, university or college of the board of regents, technical institution of the Department of Technical and Adult Education, or regional educational service agency which has been authorized by the commission pursuant to Code Section 20-2-2083. (4) 'Department' means the state Department of Education. The definitions set forth in Code Section 20-2-2062 shall be applicable to this article. 20-2-2082. (a) The Georgia Charter Schools Commission is established as a state-level charter school authorizing entity working in collaboration with the Department of Education. Startup funds necessary to establish and operate the commission may be received by the State Board of Education in addition to such other funds as may be appropriated by the General Assembly. The department shall assist in securing federal and other institutional grant funds to establish the commission. (b) The commission shall be appointed by the State Board of Education and shall be composed of a total of seven members and made up of three appointees recommended by the Governor, two appointees recommended by the President of the Senate, and two appointees recommended by the Speaker of the House of Representatives. The WEDNESDAY, APRIL 2, 2008 3627 Governor, the President of the Senate, and the Speaker of the House of Representatives shall each recommend a list of no fewer than two nominees for each appointment to the commission. The appointments shall be made as soon as feasible but no later than September 1, 2008. Each member shall serve a term of two years; however, for the purpose of providing staggered terms, of the initial appointments, three members shall be appointed to one-year terms and four members shall be appointed to two-year terms as determined by the State Board of Education. Thereafter, each appointee shall serve a two-year term unless the State Board of Education, after review and upon recommendation by the initial recommending authority, extends the appointment. If a vacancy occurs on the commission, it shall be filled by the State Board of Education from a recommendation by the appropriate authority according to the procedure set forth in this subsection. The members of the commission shall annually vote to appoint a chairperson and a vice chairperson from among its membership. Each member of the commission shall hold a bachelors degree or higher, and the commission should include a group of diverse individuals representative of Georgias school population who has experience in finance, administration, law, education, public school teaching, and school governance. (c) The commission is encouraged to convene its first meeting no later than October 1, 2008, and thereafter shall meet at least bimonthly at the call of the chairperson or upon the request of four members of the commission. Four members of the commission shall constitute a quorum. (d) The commission shall determine the manner in which it reviews commission charter school petitions and may, in its discretion, use existing department personnel to conduct such review. (e) The members of the commission shall not be compensated for their services on the commission but may be reimbursed for per diem and travel expenses in the same manner as provided for in Code Section 45-7-21. 20-2-2083. (a) The commission shall have the power to: (1) Approve or deny petitions for commission charter schools and renew, nonrenew, or terminate commission charter school petitions in accordance with State Board of Education rules and regulations established pursuant to this article. At its discretion, the commission may preliminarily approve a charter petition for a commission charter school before the petitioner has secured space, equipment, or personnel, if the petitioner indicates such preliminary approval is necessary for it to raise working capital. The State Board of Education may overrule the approval, denial, renewal, nonrenewal, or termination of a commission charter school by the commission within 60 days of such decision by the commission upon a vote of at least two-thirds of the members of the state board; provided, however, that a commission charter school petitioner may re-apply to the commission for approval or renewal after remedying any deficiencies cited by the State Board of Education; (2) Authorize cosponsors of commission charter schools; and 3628 JOURNAL OF THE SENATE (3) Conduct facility and curriculum reviews of commission charter schools. (b) The commission shall have the following duties: (1) Review charter school petitions for commission charter schools and assist in the establishment of commission charter schools throughout this state. The commission shall ensure that all charters for commission charter schools are consistent with state education goals; (2) Develop, promote, and disseminate best practices for charter schools and charter school cosponsors in order to ensure that high-quality charter schools are developed and encouraged. At a minimum, the best practices shall encourage the development and replication of academically and financially proven charter school programs; (3) Develop, promote, and require high standards of accountability for commission charter schools. The commission shall ensure that each commission charter school participates in the states education accountability system. If a commission charter school falls short of performance measures included in the approved charter, the commission shall report such shortcomings to the Department of Education; (4) Monitor and annually review the performance of cosponsors; (5) Monitor and annually review and evaluate the academic and financial performance, including revenues and expenditures, of commission charter schools and hold the schools accountable for their performance pursuant to the charter and to the provisions of this article. The commissions duties to monitor the charter school shall not constitute the basis for a private cause of action; (6) Report to each local school system the number of students who reside in such school system and are enrolled in a commission charter school; (7) Work with its cosponsors to monitor the financial management of each commission charter school; (8) Direct charter schools and persons seeking to establish charter schools to sources of private funding and support; (9) Actively seek, with the assistance of the department, supplemental revenue from federal grant funds, institutional grant funds, and philanthropic organizations. The commission may, through the State Board of Education, receive and expend gifts, grants, and donations of any kind from any public or private entity to carry out the purposes of this article; (10) Review and recommend to the General Assembly any necessary revisions to statutory requirements regarding standards and accountability for commission charter schools; (11) Act as liaison for cosponsors and commission charter schools in cooperating with local boards of education that may choose to allow commission charter schools to utilize excess space within school facilities; (12) Collaborate with cosponsors for the purpose of providing the highest level of public education to all students, including, but not limited to, low-income, lowperforming, gifted, and underserved student populations and to students with special needs. Such collaborations shall: (A) Allow universities and colleges of the board of regents and technical WEDNESDAY, APRIL 2, 2008 3629 institutions of the Department of Technical and Adult Education that cosponsor commission charter schools to enable students attending a commission charter school to take college courses and receive high school and college credit for such courses; and (B) Assist in determining the feasibility of establishing commission charter schools for students with disabilities; (13) Meet the needs of commission charter schools and local school systems by uniformly administering high-quality commission charter schools, thereby removing administrative burdens from the local school systems; (14) Assist commission charter schools in negotiating and contracting with local boards of education that choose to provide certain administrative or transportation services to the charter schools on a contractual basis; and (15) Provide training for members of commission charter school governing bodies after approval of the charter school. The training shall include, but not be limited to, best practices on charter school governance, the constitutional and statutory requirements relating to public records and meetings, and the requirements of applicable statutes and State Board of Education rules. 20-2-2084. (a) The commission shall begin accepting applications to act as cosponsors no later than January 31, 2009. The commission shall review and evaluate all applications in accordance with commission rules and regulations established pursuant to this article to encourage technical assistance, academic support, curriculum review, financial assistance, or other support from cosponsors. (b) Cosponsors shall have no authority to authorize charter schools. Cosponsors may partner with charter petitioners and the commission to provide community support for the proposed charter school. This support may include technical assistance, academic support, curriculum review, financial assistance, or other support as agreed to between the cosponsor and the commission charter school. (c) Upon approval of a cosponsor, the commission and the cosponsor shall enter into an agreement that defines the cosponsors rights and obligations. 20-2-2085. (a) Charter school petitions submitted to the commission shall be subject to State Board of Education rules and regulations established pursuant to this article and as otherwise applicable to charter schools. (b) A petitioner for a commission charter school shall submit a petition for a start-up charter school to the local board of education in which the school is to be located and to each local school system from which the commission charter school plans to enroll students prior to or concurrently with a corresponding petition to the commission unless the proposed commission charter school plans to enroll students from five or more counties; provided, however, that the commission shall not act on the commission charter school petition until the local board of education or local boards of education 3630 JOURNAL OF THE SENATE have had the opportunity to approve or deny the petition for a start-up charter school in accordance with State Board of Education rules and regulations. Local board of education approval or denial of a start-up charter school petition shall not preclude the petitioner from seeking authorization from the commission. A petitioner shall not be required to seek authorization from the commission for a commission charter school if the local board of education or local boards of education approve the petition for a startup charter school; provided, however, that such start-up charter school shall be governed by Article 31 of this chapter. The commission shall take into consideration any support or opposition by the local board of education or local boards of education on a start-up charter school petition when it votes to approve or deny a corresponding commission charter school petition. 20-2-2086. A petition may be submitted pursuant to this Code section by an existing charter school approved by a local board of education or the State Board of Education provided that the obligations of its charter with the local board of education or State Board of Education will expire prior to entering into a new charter with the commission. A local board of education or the State Board of Education in the case of a state chartered special school may agree to rescind or waive the obligations of a current charter to allow a petition to be submitted by an existing charter school pursuant to this Code section. An existing charter school that is established as a commission charter school pursuant to this Code section shall be allowed to continue the use of all facilities, equipment, and other assets it used prior to the expiration or rescission of its charter with a local board of education. 20-2-2087. The commission shall provide maximum access to information regarding commission charter schools to all parents in this state. It shall maintain information systems, including, but not limited to, a user-friendly Internet website, that will provide information and data necessary for parents to make informed decisions. At a minimum, the commission shall provide parents with information on its accountability standards, links to commission charter schools throughout this state, and public education programs concerning commission charter schools. 20-2-2088. Each year, the chairperson of the commission shall appear before the State Board of Education and submit a report regarding the academic performance and fiscal responsibility of all commission charter schools and cosponsors approved under this article. 20-2-2089. If a charter is not renewed or is terminated, the commission charter school shall be responsible for all debts of such charter school. The local school system may not WEDNESDAY, APRIL 2, 2008 3631 assume the debt from any contract for services made between the governing body of the commission charter school and a third party, except for a debt for which the local school system has agreed upon in writing to assume responsibility. 20-2-2090. (a) The Department of Education shall pay to each commission charter school through appropriation of state and federal funds an amount equal to the sum of: (1) QBE formula earnings, QBE grants, and federal grants earned by the commission charter school based on the schools enrollment, school profile, and student characteristics. QBE formula earnings shall include the salary portion of direct instructional costs, the adjustment for training and experience, the nonsalary portion of direct instructional costs, and earnings for psychologists and school social workers, school administration, facility maintenance and operation, media centers, additional days of instruction in accordance with Code Section 20-2-184.1, and staff development; (2) A proportional share of state categorical grants, nonQBE state grants, state equalization grants, and all other state and federal grants; and (3) An amount determined by the commission for each student enrolled in such school equal to a proportional share of local revenue from the local school system in which the student attending the commission charter school resides; provided, however, that the commission may reduce the amount calculated pursuant to this paragraph based on cost factors it deems relevant, including but not limited to the commission charter schools operational and capital costs, efficiency, and special programs offered by the school. (b) The department may withhold up to 3 percent of the amount determined pursuant to subsection (a) of this Code section for each commission charter school for use in administering the duties required pursuant to Code Section 20-2-2083; provided, however, that any amount withheld pursuant to this subsection shall be spent solely on expenses incurred by the commission in performing the duties required by this article. (c) The total allotment of state and federal funds to the local school system in which a student attending a commission charter school resides shall be calculated as otherwise provided in Article 6 of this chapter with an ensuing reduction equivalent to the amount of state and federal funds appropriated to the commission charter schools pursuant to subsection (a) of this Code section. (d) For purposes of funding students enrolled in commission charter schools in the first year of such charter schools operation and prior to the initial student count, the department shall calculate and distribute the funding for the commission charter school on the basis of its projected enrollment according to an enrollment counting procedure or projection method stipulated in the terms of the charter. After the initial student count during the first year of such commission charter schools operation and in all years of operation thereafter, each commission charter schools student enrollment shall be based on the actual enrollment in the current school year according to the most recent student count. Nothing in this Code section shall be construed to require the 3632 JOURNAL OF THE SENATE department to conduct more than two student counts per year. 20-2-2091. The commission shall work in collaboration with the department on all matters related to charter authorizing and shall be assigned to the department for administrative purposes only, as prescribed in Code Section 50-4-3. For administrative purposes, including data reporting, student enrollment counting procedures, student achievement reporting, funding allocations, and related purposes as defined by the State Board of Education, commission charter schools should, consistent with department rules and regulations, be treated as contained within a single, state-wide local education agency. This local education agency shall be administered by the Department of Education, which shall ensure that commission charter schools receive the support required by this article, including, but not limited to, establishing procedures to ensure that commission charter schools receive the funding required by Code Section 20-2-2090. 20-2-2092. The commission and the State Board of Education, as appropriate, shall adopt rules and regulations necessary to facilitate the implementation of this article. Except as otherwise provided in this article, any rules and regulations adopted by the State Board of Education pursuant to this article, to the extent practicable, shall be established in the same manner as for state chartered special schools under Article 31 of this chapter." SECTION 2. Said chapter is further amended in Code Section 20-2-2068.1, relating to application of the Quality Basic Education Formula, grants, local tax revenue, and funds from local bonds, by adding a new subsection to read as follows: "(c.2) For newly approved local charter schools, including charter renewals, the local board of education may retain an amount of the charter schools per pupil share of state and local funding not to exceed 3 percent of the total funds earned by the charter school to reimburse the local school system for administrative services actually provided to the charter school." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Weber of the 40th offered the following amendment #1: Amend the Senate Education and Youth Committee substitute to HB 881 (LC 33 2580S) by inserting "(a)" at the beginning of line 2 of page 7. By inserting between lines 11 and 12 of page 7 the following: (b) A petition may not be submitted pursuant to this article for the establishment of a commission charter school by a school in a charter system or in a system having applied to become a charter system. WEDNESDAY, APRIL 2, 2008 3633 By striking lines 10 through 15 of page 8 and inserting in its place the following: (3)(A) An amount determined by the commission for each student enrolled in such school equal to a proportional share of local revenue from the local school system in which the student attending the commission charter school resides; provided, however, that the commission may reduce the amount calculated pursuant to this paragraph based on factors that affect the cost of providing instruction, including but not limited to the commission charter schools fiscal impact on the school system in which it plans to locate, taking into account the size of the student population in such school system; the commission charter schools location and the operational and capital costs of such location; and any special programs offered by the commission charter school. (B) In making the funding determination required pursuant to this paragraph, the commission shall take into account the following factors: (i) In the case of a commission charter school that draws students from multiple school systems, the commission shall take into account the actual costs of operating such a commission charter school and any efficiencies gained by using an expanded attendance zone; and (ii) In the case of a commission charter school that plans to offer virtual instruction, the commission shall reduce the amount calculated pursuant to this paragraph based on the factors specified in subparagraph (A) of this paragraph. Senators Johnson of the 1st and Williams of the 19th offered the following amendment #1a: Amend amendment #1 to the committee substitute to HB 881 by on line 5 on page 1, add the word "having" after the words "a system" and change "applying" to "applied" On the adoption of amendment #1a, there were no objections, and the Johnson, Williams amendment #1a to the Weber amendment #1 to the committee substitute was adopted. On the adoption of the Weber amendment #1, there were no objections, and the Weber amendment #1 to the committee substitute was adopted as amended. On the adoption of the substitute, there were no objections, 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 Balfour N Brown Y Heath Henson C Hill,Jack Y Schaefer Y Seabaugh N Seay 3634 JOURNAL OF THE SENATE Y Bulloch N Butler Y Carter N Chance Y Chapman N Cowsert N Davenport Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey E Reed Y Rogers Y Shafer,D Y Smith Y Staton N Stoner E Tarver N Tate Y Thomas,D Y Thomas,R E Thompson,C N Thompson,S Y Tolleson Y Unterman Weber Y Wiles Williams On the passage of the bill, the yeas were 29, nays 18. HB 881, having received the requisite constitutional majority, was passed by substitute. The following communications were received by the Secretary: Senator Dan Weber District 40 301-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Education and Youth State and Local Governmental Operations Natural Resources and the Environment Special Judiciary Urban Affairs The State Senate Atlanta, Georgia 30334 4/2/08 This is to advise that my vote in favor of HB 881 did not register. /s/ Dan Weber Senator Tommie Williams District 19 236 State Capitol Atlanta, GA 30334 Committees: Finance Appropriations Reapportionment and Redistricting Regulated Industries and Utilities Rules WEDNESDAY, APRIL 2, 2008 3635 The State Senate Atlanta, Georgia 30334 MAJORITY LEADER Please record me as a yes vote on HB 881. /s/ Tommie Williams At 12:56 p.m. the President announced that the Senate would stand in recess until 2:00 p.m. At 2:00 p.m. Senator Williams of the 19th called the Senate to order. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 451. By Senators Balfour of the 9th, Adelman of the 42nd, Williams of the 19th, Reed of the 35th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to the Public Retirement Systems Investment Authority Law, so as to provide a short title; to provide an additional exception from the divestment requirement and the investment prohibition to certain indirect holdings in actively managed investment funds; to require such boards to request that the managers of such investment funds consider removing scrutinized companies from the fund or creating a similar fund that excludes such companies; to require certain reports; to provide for termination of such prohibitions and divestments; to provide for certain notices; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has disagreed to the Senate substitute to the following Bill of the House: HB 68. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to applicability of the Coastal Marshlands Protection Act, so as to provide an exemption for a single 3636 JOURNAL OF THE SENATE private dock built by the owners of two or three adjoining lots; to repeal conflicting laws; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Mullis of the 53rd Stoner of the 6th The Calendar was resumed. HB 948. By Representatives Smith of the 70th, Jones of the 46th, Houston of the 170th, Tumlin of the 38th, Ramsey of the 72nd 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 sales and use tax 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 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 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 January 24, 2008 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 WEDNESDAY, APRIL 2, 2008 3637 SUBJECT: Fiscal Note House Bill 948 (LC 18 6761) Dear Chairman O'Neal: This bill would continue the sales tax holiday by making the period of exemption go from 12:01 A.M. on July 31, 2008, to 12:00 Midnight on August 3, 2008. Within those four days, three categories of otherwise taxable purchases would be exempted. Sales of clothes and footwear priced at no more then $100 per article would not be taxed. Up to $1,500 of sales transactions involving personal computers, peripheral devices, computerrelated 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. The products identified are dishwashers, clothes washers, air conditioners, ceiling fans, fluorescent light bulbs, dehumidifiers, programmable thermostats, refrigerators and doors and windows which meet the energy savings efficiency standards of the U.S. Environmental Protection Agency and the U.S. Department of Energy or meet Energy Star efficiency standards. These products must have a sales price of $1,500 or less per product and must be purchased for noncommercial home or personal use. Covered energy efficient products would be tax exempt from 12:01 A.M. on October 2, 2008, until 12:00 Midnight on October 5, 2008. According to the Georgia State University Fiscal Research Center, the estimated total revenue impact for the State from the proposed 2008 sales tax holidays would be $12.58 million. For local jurisdictions, the revenue impact is estimated to be $8.49 million assuming a 2.7% local sales tax rate. The Center provided the following analysis of these estimates: The revenue impacts of the 2008 exemptions were estimated by adjusting the estimated revenue impacts of the 2007 exemptions. For 2007, the revenue impact for the State was estimated to be $8.29 million from the clothing exemption, $1.86 million from the computer exemption, $1.4 million from the school supply exclusion, and $0.43 million from energy efficient products for a total of $11.98 million. To estimate the revenue impact for 2008 of the clothing, computer and energy efficient products exemptions, it was assumed that expenditures on these items increase with an increase in per capita income and with an increase in the population. National consumption patterns (Consumer Expenditure Survey) imply that expenditures on clothing increase at a slower rate than per capita income. It was assumed that expenditures on clothing increase at 80 percent of the increase in income per capita. For computers, it was assumed that expenditures increase 20 percent faster than income per 3638 JOURNAL OF THE SENATE capita increases. Finally, for energy efficient products, it was assumed that expenditures increase 70 percent faster than income per capita due to the elevated price of energy and the focus on global warming. Based on recent growth in per capita income and population, the revenue loss due to the exemption for clothing will increase to $8.67 million. The revenue loss due to the exemption for computer products will increase to $1.97 million and the revenue loss for the exemption for energy efficient products will increase to $0.46 million. To estimate the revenue impact for 2008 of the school supply exemption, it was assumed that expenditures on school supplies increase at the same rate as the increase in the number of children and inflation. Student enrollment growth was measured by the percentage increase in the number of public school students in K-12, essentially assuming that pre-K and private school students increase at the same rate as public school K-12 students. Between fall 2006 and fall 2007, the number of public school children in K-12 increased by 1.3 percent. CPI inflation for 2007 equaled 4.1%. The revenue loss due to the school supply exemption is estimated to equal $1.48 million. This yields a total revenue impact to the State from all these exemptions of $12.58 million. The impact on local governments would be $8.49 million. Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget The Senate Finance Committee offered the following substitute to HB 948: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, so as to change certain provisions regarding state sales and use tax; 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 sales and use tax with respect to certain sales of certain energy efficient products for a limited period of time; to change provisions relating to deductions of bad debts by persons reporting on an accrual basis; to provide for claims to be filed by certain affiliated groups; to change certain provisions regarding limitations on the state revenue commissioners authority to make certain distributions; to provide for related matters; to provide for effective dates; to repeal WEDNESDAY, APRIL 2, 2008 3639 conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, is amended in Code Section 48-8-3, relating to exemptions from state sales and use tax, by revising subparagraph (A) of paragraph (75) as follows: "(75)(A) The sale of any covered item. The exemption provided by this paragraph shall apply only to sales occurring during a period commencing at 12:01 A.M. on August 2, 2007 July 31, 2008, and concluding at 12:00 Midnight on August 5, 2007 August 3, 2008." SECTION 2. Said article is further amended in Code Section 48-8-3, relating to exemptions from state sales and use tax, by revising subparagraph (A) of paragraph (82) as follows: "(82)(A) Purchase of energy efficient products with a sales price of $1,500.00 or less per product purchased for noncommercial home or personal use. The exemption provided by this paragraph shall apply only to sales occurring during a period commencing at 12:01 A.M. on October 4, 2007 October 2, 2008, and concluding at 12:00 Midnight on October 7, 2007 October 5, 2008." SECTION 3. Said article is further amended in Code Section 48-8-45, relating to sales and use tax reporting of sales and deductibility of bad debts, by revising subsection (c) into two subsections as follows: "(c) Any person reporting on the accrual basis of accounting shall be allowed a deduction for bad debts under rules and regulations of the commissioner on the same basis that bad debts are allowed as a deduction on state income tax returns. (d) In the case of an An assignee of private label credit card debt purchased directly from a dealer without recourse, the assignee reporting on the accrual basis of accounting or a credit card bank which extends such credit to customers under a private label credit card program shall be allowed a deduction for bad private label credit card bad debts under rules and regulations of the commissioner on the same basis that bad private label credit card bad debts are allowed as a deduction on state income tax returns. An issuer or assignee of private label credit card debt may claim its deduction for private label credit card bad debts on a return filed by a member of an affiliated group as defined under 26 U.S.C. Section 1504." SECTION 4. Said article is further amended in Code Section 48-8-67, relating to distributions of unidentifiable sales and use tax proceeds, by revising subsection (h) as follows: "(h) The authority of the commissioner to make distributions pursuant to this Code section shall cease on December 31, 2007 2009, unless such authority is extended by a subsequent general Act of the General Assembly." 3640 JOURNAL OF THE SENATE SECTION 5. (a) Except as otherwise provided in subsection (b) of this section, 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 become effective July 1, 2008. SECTION 6. 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 25, 2008 Honorable Chip Rogers, Chairman Senate Finance Committee Coverdell Legislative Office Building, Room 325-A Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 948 Substitute (LC 18 7516S) Dear Chairman Rogers: The Georgia State University Fiscal Research Center provided the following description of this bill and analysis of its fiscal impact: This bill would continue Georgia's sales tax holidays for back to school goods and certain computer related goods by making the period of exemption go from 12:01 A.M. on July 31, 2008 to 12:00 Midnight on August 3, 2008. 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 computers, peripheral devices, computer-related WEDNESDAY, APRIL 2, 2008 3641 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. The products identified are dishwashers, clothes washers, air conditioners, ceiling fans, fluorescent light bulbs, dehumidifiers, programmable thermostats, refrigerators and doors and windows 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. These products must have a sales price of $1,500.00 or less per product and must be purchased for noncommercial home or personal use. Covered energy efficient products would be tax exempt from 12:01 A.M. on October 2, 2008 until 12:00 Midnight on October 5, 2008. This legislation would narrowly expand the ability of lenders to recover sales tax payments on purchases of goods that were financed by credit card debt that defaulted by allowing the lender or assignees of private label credit card debt to claim the allowed deduction on a return filed by a member of an affiliated group. The estimated total revenue impact for the State from the proposed 2008 sales tax holidays total would be $12.58 million. For local jurisdictions, the revenue impact is estimated to be $8.49 million assuming a 2.7% average local sales tax rate. The revenue impacts of the 2008 exemptions were estimated by adjusting the estimated revenue impacts of the 2007 exemptions. For 2007, the revenue impact for the State was estimated to be $8.29 million from the clothing exemption, $1.86 million from the computer exemption, $1.4 million for the school supply exclusion, and $0.43 million for energy efficient products for a total of $11.98 million. To estimate the revenue impact for 2008 of the clothing, computer and energy efficient products exemptions, it was assumed that expenditures on these items increase with an increase in per capita income and with an increase in the population. National consumption patterns (Consumer Expenditure Survey) imply that expenditures on clothing increase at a slower rate than per capita income. It was assumed that expenditures on clothing increase at 80 percent of the increase in income per capita. For computers, it was assumed that expenditures increase 20 percent faster than income per capita increases. Finally, for energy efficient products, it was assumed that expenditures increase by 70% faster than income per capita due to the elevated price of energy and the focus on global warming. Based on recent growth in per capita income and population, the revenue loss due to the exemption for clothing will increase to $8.67 million, the revenue loss due to the exemption for computer products will increase to $1.97 million, and the revenue loss for the exemption for energy efficient products will increase to $0.46 million. 3642 JOURNAL OF THE SENATE To estimate the revenue impact for 2008 of the school supply exemption, it was assumed that expenditures on school supplies increase at the same rate as the increase in the number of children and inflation. Student enrollment growth was measured by the percentage increase in the number of public school students in K-12, essentially assuming that pre-K and private school students increase at the same rate as public school K-12 students. Between fall 2006 and fall 2007, the number of public school children in K-12 increased by 1.3 percent. CPI inflation for 2007 equaled 4.1%. The revenue loss due to the school supply exemption is estimated to equal $1.48 million. This yields a total revenue impact to the state from all these exemptions of $12.58 million. The impact on local governments would be $8.49 million. The estimated revenue impact of this legislation with regard to the bad debt provisions is based on estimated total revolving debt of the consumer sector, the size of the private label market compared to the overall revolving credit market and average charge off rates. In the U.S., total revolving credit equaled $947.5 billion at year end 2007. A market research study estimated the size of the private label credit card market as about 12.3% of the revolving credit market. Based on Georgia's share of total U.S. personal income, it is estimated that Georgia consumers hold approximately $25.9 billion in credit card debt. Of this amount, about $3.2 billion would be private label debt. The Federal Reserve Board reports credit card charge off rates in 2007 average 3.95%. Applying this charge off rate to estimated Georgia credit card debt yields approximately $125.8 million in charge offs of private label credit card debt in Georgia. Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget On the adoption of the substitute, there were no objections, 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 Brown Y Heath Y Henson C Hill,Jack Schaefer Y Seabaugh Y Seay WEDNESDAY, APRIL 2, 2008 3643 Y Bulloch Butler Carter Y Chance Y Chapman Cowsert Y Davenport Douglas Y Fort Y Goggans Y Golden Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson Jones Y Me V Bremen Y Moody C Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey E Reed Y Rogers Shafer,D Y Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 37, nays 1. HB 948, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: SB 153. By Senator Hill of the 32nd: 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 for the development of consumer driven health insurance plans by the Commissioner of Insurance; to allow such plans to include wellness and health promotion programs; to provide that such programs shall not be considered unfair trade practices; 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 33-24-6 of the Official Code of Georgia Annotated, relating to consent of an insured to an insurance contract and exceptions, so as to change the minimum number of employees required to be covered under an insurance contract or contracts held by a corporation or trustee; to provided for related matters; to repeal conflicting laws; and for other purposes. 3644 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to consent of an insured to an insurance contract and exceptions, is amended by revising paragraph (5) of subsection (a) as follows: "(5) A corporation not described in paragraph (4) of this subsection may effectuate insurance upon its employees in whom it has an insurable interest, and a trustee of a trust established by a corporation providing life, health, disability, retirement, or similar benefits may effectuate insurance upon employees for whom such benefits are to be provided, if the insurance contract or contracts held by the such corporation or the trustee cover at least 100 two employees. For purposes of this paragraph, any employee of a group of corporations consisting of a parent corporation and its directly or indirectly owned subsidiaries shall be considered to be an employee of each corporation within the that group; or" 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 153. The consent was granted, and the Senate disagreed to the House substitute to SB 153. The following bill was taken up to consider House action thereto: SB 383. By Senators Hill of the 32nd, Chance of the 16th, Hudgens of the 47th, Thomas of the 54th, Rogers of the 21st 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 a short title; to provide for legislative intent; to provide for the Commissioner of Insurance to adopt policies to promote, approve, and encourage health savings account eligible high deductible plans in Georgia; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in such plans; to provide for certain requirements for such plans; to provide for health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses under certain circumstances; 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: WEDNESDAY, APRIL 2, 2008 3645 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 that the Commissioner of Insurance shall be authorized to allow health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses recognized under the rules of the federal Internal Revenue Service to be approved for sale in connection with or packaged with individual health insurance policies otherwise approved by the Commissioner; 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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Chapter 51 in its entirety and inserting in lieu thereof a new Chapter 51 to read as follows: "CHAPTER 51 33-51-1. (a) The Commissioner shall be authorized to allow health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses recognized under the rules of the federal Internal Revenue Service to be approved for sale in connection with or packaged with individual health insurance policies otherwise approved by the Commissioner. (b) Health reimbursement arrangement only plans that are not sold in connection with or packaged with individual health insurance policies shall not be considered insurance under this title. (c) Individual health insurance policies offered or funded through health reimbursement arrangement only plans shall not be considered employer sponsored or group coverage for purposes of this title, and nothing in this Code section shall be interpreted to require an insurer to offer an individual health insurance policy for sale in connection with or packaged with a health reimbursement arrangement only plan or to accept premium from health reimbursement arrangement only plans for individual health insurance policies." 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. 3646 JOURNAL OF THE SENATE Senator Hill of the 32nd asked unanimous consent that the Senate disagree to the House substitute to SB 383. The consent was granted, and the Senate disagreed to the House substitute to SB 383. The following Senators were excused for business outside the Senate Chamber: Brown of the 26th Johnson of the 1st Seabaugh of the 28th The Calendar was resumed. HB 953. By Representatives Hill of the 180th, Stephens of the 164th, Lane of the 167th, Williams of the 165th and Keen of the 179th: A BILL to be entitled an Act to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to state government commissions and other agencies, so as to provide for the establishment of the War of 1812 Bicentennial Commission; to provide a short title; to provide for the membership of the commission and the powers and duties of the commission; to provide for expenses subject to available funds; 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. 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: E Adelman Y Balfour E Brown Y Bulloch Butler Carter Y Chance Y Chapman Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Jackson E Johnson Schaefer E Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver WEDNESDAY, APRIL 2, 2008 3647 Y Cowsert Y Davenport Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Jones Y Me V Bremen Y Moody C Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 41, nays 0. HB 953, having received the requisite constitutional majority, was passed. Senator Chance of the 16th was excused for business outside the Senate Chamber. HB 963. By Representatives Geisinger of the 48th, Setzler of the 35th, Lindsey of the 54th, Smith of the 70th, Porter of the 143rd 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 and special license plates, so as to provide a special license plate commemorating and supporting the sport of soccer in Georgia; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to the Georgia State Soccer Association, Inc.; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hill of the 32nd. The Senate Public Safety Committee offered the following substitute to HB 963: 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, so as to provide for a special license plate commemorating and supporting the sport of soccer in Georgia; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to the Georgia State Soccer Association, Inc.; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 3648 JOURNAL OF THE SENATE SECTION 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, is amended by revising subsection (n) of Code Section 40-2-86.21, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, by adding a new paragraph to read as follows: "(9) A special license plate commemorating and supporting the sport of soccer in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia State Soccer Association, Inc., for the development and promotion of soccer programs in the State of Georgia. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'gasoccer.org'." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Balfour E Brown Y Bulloch Butler Y Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins N Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody C Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Schaefer E Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) WEDNESDAY, APRIL 2, 2008 3649 On the passage of the bill, the yeas were 42, nays 1. HB 963, having received the requisite constitutional majority, was passed by substitute. Senator Hill of the 32nd was excused for business outside the Senate Chamber. HB 972. By Representatives Tumlin of the 38th, Lane of the 167th and Lindsey of the 54th: A BILL to be entitled an Act to amend Chapter 15 of Title 44 of the Official Code of Georgia Annotated, relating to the management of institutional funds, so as to enact the "Uniform Prudent Management of Institutional Funds Act"; to provide standards for charities to use in managing investments and spending from endowments; to provide for the management of institutional funds; to provide for a short title; to provide for applicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hamrick of the 30th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: E Adelman Y Balfour E Brown Y Bulloch Y Butler Y Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson C Hill,Jack E Hill,Judson Y Hooks Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody C Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Thompson,S Y Tolleson Y Unterman Weber Y Wiles Williams (PRS) 3650 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 42, nays 0. HB 972, 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 175. By Senators Grant of the 25th and Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 45-9-1 of the O.C.G.A., relating to general provisions relative to insuring and indemnification of state officers and employees, so as to clarify the meaning of criminal action; to amend Part 12 of Article 4 of Chapter 3 of Title 46 of the O.C.G.A., relating to dissolution of electric membership corporations, so as to replace "Department of Administrative Services" with "Office of Treasury and Fiscal Services" where such term appears in certain Code sections; to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the O.C.G.A., relating to general authority, duties, and procedures for state purchasing, so as to modify certain duties and provisions relating to state purchasing; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 254. By Senators Grant of the 25th, Mullis of the 53rd, Chance of the 16th and Whitehead, Sr. of the 24th: A BILL to be entitled an Act to amend Chapter 9 of Title 45 of the O.C.G.A., relating to insuring and indemnification of public officers and employees, so as to provide that the Department of Administrative Services shall be the custodian and administrator of the Georgia State Indemnification Fund; to define certain terms; to provide that the department shall approve or deny claims for indemnification for permanent disability or death; to provide for the composition of the Georgia State Indemnification Commission; to provide that such commission shall review decisions of the department relative to the approval or denial of claims for indemnification; to provide for a schedule of indemnification; to provide for the payment of claims; to provide for the appeal of decisions; to provide for restrictions; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. WEDNESDAY, APRIL 2, 2008 3651 SB 340. By Senators Pearson of the 51st, Rogers of the 21st, Johnson of the 1st, Williams of the 19th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to prohibit sanctuary policies by local governmental entities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Calendar was resumed. HB 978. By Representatives Mills of the 25th and Forster of the 3rd: A BILL to be entitled an Act to amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road for motor vehicles, so as to allow law enforcement officers to seize the vehicles of drivers who are not in the country legally and are involved in a traffic accident; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Wiles of the 37th. Senator Wiles of the 37th asked unanimous consent that HB 978 be placed on the Table. The consent was granted, and HB 978 was placed on the Table. The following Senators were excused for business outside the Senate Chamber: Carter of the 13th Smith of the 52nd HB 1023. By Representatives Tumlin of the 38th, Ehrhart of the 36th, Golick of the 34th, Jones of the 44th, Teilhet of the 40th 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 extend the sunset of exemption with respect to the sale or use by a government contractor of overhead materials for an additional period of time; to provide an effective date; 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: 3652 JOURNAL OF THE SENATE 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 18, 2008 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 1023 (LC 18 6818) Dear Chairman O'Neal: The Georgia State University Fiscal Research Center provided the following description of this bill and analysis of its fiscal impact: House Bill 1023 extends the sunset provision on O.C.G.A. 48-8-3(58)(C) from January 1, 2009 to January 1, 2013. This provision of the Georgia Code exempts Georgia sales tax on overhead material sold to a contractor for work on a contract with the U.S. Department of Defense (DoD) or NASA. DoD contract expenditures in Georgia is known and NASA expenditures can be estimated. The overhead allowed in each contract is not known, but a high end estimate (used here for the sake of a conservative estimate) can be inferred from a review of DoD internet postings. Generally, overhead, or indirect, costs include broad categories of a company's common costs that cannot be identified with a specific project or activity. A review of Department of Defense internet postings indicates that the Department is trying to limit contractor overhead to about 33 percent to 36 percent of total contract costs. This analysis uses a 33 percent overhead factor. Indirect costs include costs of central administration, library and technical services, operation and maintenance of buildings and grounds, building and equipment depreciation, interest on debt, etc. that are not attributed to specific projects. Most of WEDNESDAY, APRIL 2, 2008 3653 these costs are for personnel: salaries, fringe benefits, training, travel, and so on. The types of indirect expenditures generally subject to sales taxes in Georgia are likely to be limited to office supplies, furniture, and equipment (including pooled automobiles) at as much as 20 percent of the value of a contract's total overhead. Over the past few years DoD contract expenditures in Georgia have steadily been between $5.5 and $6 billion except in 2003 and 2004 when they dropped below $4 billion. If anything, the overall trend is slightly down. The value of NASA contracts in Georgia is about one-half of 1 percent of the DoD contracts. At 33 percent of total contract value, overhead on these contracts is estimated to range from $1.8 to $2 billion with estimated expenditures subject to Georgia Sales Tax ranging from $363 million to $398 million, and foregone State 4 percent sales taxes ranging from $14.5 to $15.9 million. These results are slightly higher than, but consistent with, past estimates that employed different types of estimating assumptions. Because the past trend has been more or less level, foregone state 4 percent sales tax is estimated to be $14.5 to $16 million per year through January 1, 2013. The estimate of foregone local sales taxes ranges from $9.8 million to $10.7 million. Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, 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 Y Bulloch Y Butler E Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Heath Y Henson C Hill,Jack E Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Schaefer Y Seabaugh Y Seay Y Shafer,D C Smith Y Staton C Stoner Y Tarver N Tate Thomas,D N Thomas,R 3654 JOURNAL OF THE SENATE N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 43, nays 4. HB 1023, having received the requisite constitutional majority, was passed. The President resumed the Chair. HB 1024. By Representative Williams of the 4th: A BILL to be entitled an Act to amend Chapter 64 of Title 36 of the Official Code of Georgia Annotated, relating to municipal and county recreation systems, so as to provide that where a minimum recreation tax, maximum recreation tax, or minimum and maximum recreation tax has been established by petition and referendum, such minimum or maximum or both may thereafter be removed by action of the municipal or county governing body, subject to approval by the voters of the municipality or county; 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, 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 Carter E Chance Y Chapman Y Cowsert Y Heath Y Henson C Hill,Jack E Hill,Judson Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver N Tate WEDNESDAY, APRIL 2, 2008 3655 Y Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Williams (PRS) On the passage of the bill, the yeas were 44, nays 3. HB 1024, having received the requisite constitutional majority, was passed. HB 1035. By Representatives Smith of the 129th, Sheldon of the 105th, Floyd of the 147th, Rogers of the 26th, May of the 111th 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 motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to provide for related matters; to provide for an effective date; 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 1035 be placed on the Table. The consent was granted, and HB 1035 was placed on the Table. HB 1110. By Representative Martin of the 47th: 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 for a limited period of time an exemption with respect to certain sales of eligible food and beverages to a qualified food bank; 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: 3656 JOURNAL OF THE SENATE 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 5, 2008 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 1110 (LC 18 6912) Dear Chairman O'Neal: The Georgia State University Fiscal Research Center provided the following description of this bill and analysis of its fiscal impact: This legislation would extend the existing exemption from sales tax on sales of food and groceries to qualified food banks. The exemption is scheduled to expire on June 30, 2008. This legislation would extend the exemption until June 30, 2010. This exemption was estimated to reduce state sales and use tax revenues by $172,000 in FY 2007. This estimate was based on discussions with participants in the food bank sector. Assuming this cost grows with inflation, assumed to equal 3% per year, the cost of the exemption in FY 2009 would rise to $182,500 and to $188,000 in FY 2010. Assuming a 2.7% average local sales tax rate, the revenue reduction to local governments would be $123,200 in FY 2009 and $126,900 in FY 2010. Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget WEDNESDAY, APRIL 2, 2008 3657 The Senate Finance Committee offered the following substitute to HB 1110: 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 for a limited period of time an exemption with respect to certain sales of eligible food and beverages to a qualified food bank; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by revising subparagraph (A) of paragraph (57.1) as follows: "(57.1)(A) From July 1, 2006, until June 30, 2008 2010, sales of eligible food and beverages to a qualified food bank." SECTION 2. This Act shall become effective on July 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver Y Tate Thomas,D 3658 JOURNAL OF THE SENATE Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Moody Mullis Y Murphy Y Orrock Pearson Y Powell Y Ramsey Y Reed Y Rogers N Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 1. HB 1110, 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 341. By Senators Hawkins of the 49th, Murphy of the 27th, Thomas of the 54th, Smith of the 52nd, Carter of the 13th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to the Council on Aging, so as to assign additional duties and powers to the council; to require that the council study certain matters and produce a report; to provide a certain date by which the report must be distributed; to provide for the appointment of advisory committees; to provide for reimbursement of expenses incurred by advisory committee members; to provide for the cooperation of other state departments and agencies; to require an interim progress report; to provide for automatic repeal of said provisions; to provide for related matters; to provide for an effective date contingent on funding; to repeal conflicting laws; and for other purposes. SB 358. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Chapter 5 of Title 10 of the O.C.G.A., relating to securities, by repealing it in its entirety and enacting a new Chapter 5 of Title 10 to be known as the "Georgia Uniform Securities Act of 2008"; to provide for a short title; to provide for definitions; to WEDNESDAY, APRIL 2, 2008 3659 provide for electronic records and signatures; to provide for exemptions from registration of securities; to provide for registration of securities and notice of filing of federal covered securities; to provide for denial, suspension, or revocation of securities registration; to provide for registration of broker-dealers, agents, investment advisers, investment adviser representatives, and federal covered investment advisers; to amend the O.C.G.A. to change certain references; to provide for applicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 479. By Senators Mullis of the 53rd, Thompson of the 33rd, Grant of the 25th, Stoner of the 6th, Douglas of the 17th and others: A BILL to be entitled an Act to amend Code Section 31-11-31.1 of the Official Code of Georgia Annotated, relating to license fees for licensed ambulance services, so as to amend certain provisions relating to the collection of license fees for licensed ambulance services; to provide for related matters; to repeal conflicting laws; and for other purposes. The following bill was taken up to consider House action thereto: HB 68. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to applicability of the Coastal Marshlands Protection Act, so as to provide an exemption for a single private dock built by the owners of two or three adjoining lots; to repeal conflicting laws; and for other purposes. Senator Williams of the 19th asked unanimous consent that the Senate insist on its substitute to HB 68. The consent was granted, and the Senate insisted on its substitute to HB 68. The Calendar was resumed. HB 1163. By Representatives Lane of the 167th, Keen of the 179th, Williams of the 178th, Hill of the 180th, Roberts of the 154th and others: 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 courts, so as to provide for a fifth judge of the superior courts of the Brunswick Judicial Circuit; to provide for the appointment of such additional judge by the 3660 JOURNAL OF THE SENATE Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to provide for an additional court reporter for said circuit; to authorize the governing authority of the counties which comprise the Brunswick Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to provide for effective dates; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Cowsert of the 46th. The Senate Appropriations Committee offered the following substitute to HB 1163: A BILL TO BE ENTITLED AN ACT To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to provide for an additional judge of the courts of the Alcovy and Douglas judicial circuits; to provide for the initial appointment of such judges by the Governor; to provide for the election and term of office of each such judge; to provide for the compensation, salary, and expense allowance of said judges to be paid by the State of Georgia and the counties comprising the respective judicial circuits; to provide for jurors; to authorize the judges of said circuits to divide and allocate the work and duties thereof and provide for the duties of the chief judges and presiding judges; to provide for powers, duties, and responsibilities of judges of said circuit; to provide for additional court reporters and personnel and the compensation of such reporters and personnel; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by revising paragraphs (2) and (15.1) as follows: "(2) Alcovy Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5" "(15.1) Douglas Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4" WEDNESDAY, APRIL 2, 2008 3661 PART II SECTION 2-1. A new judge of the superior court is added to the Alcovy Judicial Circuit, thereby increasing to five the number of judges of said circuit. SECTION 2-2. The additional judge of the superior courts of the Alcovy Judicial Circuit shall be appointed by the Governor for a term beginning January 1, 2009, and expiring December 31, 2010, and until his or her successor is elected and qualified. At the general election to be held in 2010, there shall be elected a successor to the first additional judge appointed as provided for in this Act, and he or she shall take office on the first day of January, 2011, and serve for a term of office of four years and until his or her successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the general election conducted in the year in which the term of office shall expire for a term of four years and until his or her successor is duly elected and qualified. Said elections shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia. SECTION 2-3. The additional judge of the superior courts of the Alcovy Judicial Circuit shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of said court may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. SECTION 2-4. The compensation, salary, and contingent expense allowance of said additional judge of the superior courts of the Alcovy Judicial Circuit shall be the same as that of other judges of the superior courts of Georgia. The additional judge shall also be paid a county supplement by the counties comprising said circuit in the same manner and to the same extent as the present superior court judges of said circuit are paid. SECTION 2-5. All writs, processes, orders, subpoenas, and any other official papers issuing out of the superior courts of the Alcovy Judicial Circuit may bear teste in the name of any judge of said circuit and, when issued by and in the name of any of said judges of said circuit, shall be fully valid and may be held and determined before any judge of said circuit. SECTION 2-6. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior courts of said circuit; and any such judge of the superior courts of said circuit shall have full power and authority to draw and impanel jurors for 3662 JOURNAL OF THE SENATE service in said courts so as to have jurors for the trial of cases before each of said judges separately or before each of them at the same time. SECTION 2-7. The five judges of the superior courts of the Alcovy Judicial Circuit shall be authorized to employ an additional court reporter for such duties and for such compensation as such judges see fit, up to and including, but not exceeding, the remuneration of the present court reporters of the Alcovy Judicial Circuit as the same is now fixed or may hereafter be fixed. SECTION 2-8. The governing authorities of the counties comprising the Alcovy Judicial Circuit are authorized to provide suitable courtrooms, jury rooms, and chambers for the judges of the superior courts of the Alcovy Judicial Circuit upon the recommendation of said judges. PART III SECTION 3-1. A new judge of the superior courts is added to the Douglas Judicial Circuit, thereby increasing to four the number of judges of said circuit. SECTION 3-2. An Act creating the Douglas Judicial Circuit, approved March 20, 1980 (Ga. L. 1980, p. 563), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 220), is amended by revising and restating all of the substantive portions of said Act as follows: "SECTION 1. (a) The Douglas Judicial Circuit shall be composed of the County of Douglas. There shall be four judges of the superior court in the Douglas Judicial Circuit. (b) The offices of the judges of the superior court and the district attorney of the Douglas Judicial Circuit are created and shall be filled in the manner provided by law for the election of judges of the superior courts of this state and at the nonpartisan judicial election and for the election of district attorneys of this state and each such official shall serve a term of four years and a successor is elected and qualified. The fourth judge appointed as provided by this Act shall be appointed by the Governor for a term beginning January 1, 2009, until December 31, 2010, and a successor is elected and qualified. A successor to the initial judge 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 2010, for a term of four years beginning on January 1, 2010, and until a 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. Successors shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts WEDNESDAY, APRIL 2, 2008 3663 of this state. (c) The chief judge of the Douglas Judicial Circuit shall be the judge who has the most experience as a sitting judge of a superior court in the State of Georgia. The four judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement between the judges as to the operation of the superior court, the decision of the chief judge shall control. The chief judge shall be the presiding judge of the court, in whom is to vest the power to make all appointments whenever the law provides for the superior court judge to make appointments. (d) The judges of the superior courts of the Douglas 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 superior courts of said circuit may preside over any case therein and perform any official act as judge thereof. SECTION 2. (a) Each judge of said circuit shall receive such compensation and allowances as are now or hereafter provided by law. In addition to the compensation and expenses paid from state funds, each judge of the superior court of the Douglas Judicial Circuit shall receive a supplemental expense allowance of $8,000.00 per annum, payable in equal monthly installments from the funds of Douglas County. Any other provision of law to the contrary notwithstanding, such supplemental expense allowance paid under the provisions of this subsection shall not be used or included in calculating any pension, retirement, or other benefits or payments to such judge by Douglas County nor any payments to any such judge who becomes a senior judge of the superior courts. (b) Upon the request of any judge of the circuit, the governing authority of the county comprising the Douglas Judicial Circuit is hereby 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 for the proper functioning of the court. All the expenditures authorized in this subsection are hereby declared to be expenses of the court and payable out of the county treasury as such. SECTION 3. (a) The compensation and allowances of the district attorney of said circuit shall be as now or hereafter provided by law. (b)(1) The district attorney may employ such additional assistant district attorneys, deputy district attorneys, or other attorneys, investigators, paraprofessionals, clerical assistants, victim and witness assistance personnel, and other employees or 3664 JOURNAL OF THE SENATE independent contractors as may be authorized by the board of commissioners. Such personnel shall be compensated by the county in a manner and amount fixed by the district attorney with the approval of the board of commissioners. (2) Any investigator appointed pursuant to this subsection or Code Section 15-1814.1 of the O.C.G.A. shall meet the qualifications for certification as a peace officer as provided in Chapter 8 of Title 35 of the O.C.G.A., the 'Georgia Peace Officer Standards and Training Act.' Such investigators shall exercise all powers of a peace officer including the power to make arrests and to apply for, execute, and return any warrant, rule, order, or process within Douglas County. (3) This subsection shall apply from the effective date of this subsection until December 31, 2011, after which time this subsection shall be of no further force or effect. SECTION 4. (a) The grand jury of the Douglas Judicial Circuit shall convene as provided by law and whenever, in the opinion of the judges of said circuit, it is expedient or necessary to have a grand jury, they may, in their discretion, draw, call, and empanel a grand jury for services at any term of court. (b) All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Douglas Judicial Circuit may bear teste in the name of any judge of the Douglas 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." SECTION 3-3. The compensation, salary, and contingent expense allowance of each judge of the Superior Court for the Douglas Judicial Circuit of Georgia from the State of Georgia shall be the same as that of other judges of the superior courts of Georgia. PART IV SECTION 4-1. 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 4-2. (a) For purposes of making the initial appointments of the judges to fill the superior court judgeships created by this Act, this Act shall become effective upon its approval by the Governor or its becoming law without such approval. (b) For all other purposes, this Act shall become effective on January 1, 2009. SECTION 4-3. All laws and parts of laws in conflict with this Act are repealed. WEDNESDAY, APRIL 2, 2008 3665 On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp Y Hawkins Y Heath Y Henson C Hill,Jack N Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 1. HB 1163, having received the requisite constitutional majority, was passed by substitute. Senator Chapman of the 3rd was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 88. By Senators Unterman of the 45th, Seay of the 34th, Williams of the 19th, Schaefer of the 50th and Johnson of the 1st: 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 3666 JOURNAL OF THE SENATE grandchild; to provide for short titles; to provide definitions; to provide for the creation of a program to provide a subsidy to certain grandparents raising grandchildren under certain circumstances; to provide for an assessment and evaluation of certain aspects of the program; to provide for other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To 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 other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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 to provide such care and support; (2) Parents need a means to confer to grandparents or great-grandparents the authority to act on behalf of grandchildren without the time and expense of a court proceeding; and (3) Providing a statutory mechanism for granting such authority 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 to read as follows: "ARTICLE 4 19-9-120. This article shall be known and may be cited as the 'Power of Attorney for the Care of a Minor Child Act.' WEDNESDAY, APRIL 2, 2008 3667 19-9-121. As used in this article, the term: (1) 'Grandchild' means the minor child of a grandparent. (2) 'Grandparent' shall have the same meaning as provided in subsection (a) of Code Section 19-7-3 and shall include the biological great-grandparent or stepgreatgrandparent who is the parent or stepparent of a grandparent of a minor child. (3) 'Parent' shall have the same meaning as provided in Code Section 19-3-37. Such term used in the singular shall mean both parents if both parents share joint legal custody of the child, unless otherwise clearly indicated. (4) 'Reasonable evidence' means evidence that a reasonable person would find sufficient to determine whether one conclusion is more likely than another. (5) '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. (6) 'School term' means the part of the year in which school is in session. (7) '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. (8) 'Terminal illness' has the same meaning as the term 'terminal condition' as provided in paragraph (14) of Code Section 31-32-2. 19-9-122. (a) A parent of a minor child may delegate to any grandparent residing in this state caregiving authority regarding the minor child when hardship prevents the parent 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 article. (b) Hardships may include, but are not limited to: (1) A parent being unable to provide care due to the death of the other parent; (2) A serious illness or terminal illness of a parent; (3) The physical or mental condition of the parent or the child such that proper care and supervision of the child cannot be provided by the parent; (4) The incarceration of a parent; (5) The loss or uninhabitability of the childs home as the result of a natural disaster; or (6) A period of active military duty of a parent exceeding 24 months. (c) Hardship shall not include the granting of a power of attorney for the care of a 3668 JOURNAL OF THE SENATE minor child for the purpose of subverting an investigation of the childs welfare initiated by the Department of Human Resources or other agency responsible for such investigations. 19-9-123. Through the power of attorney for the care of a minor child, the parent may authorize the agent grandparent to perform the following functions: (1) Enroll the child in school and in extracurricular activities; (2) Enroll the child in any health insurance program offered to the grandparent; (3) Provide access to school records and may disclose the contents to others; (4) Arrange for and consent to medical, dental, and mental health treatment for the child; (5) Provide access to medical, dental, and mental health records and may disclose the contents thereof to others; (6) Provide for the childs food, lodging, housing, recreation, and travel; and (7) Any additional powers as specified by the parent. 19-9-124. (a) An agent grandparent under a power of attorney for the care of a minor child shall act in the best interests of the minor child. Such agent 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. (b)(1) The agent grandparent shall have the right to enroll the minor child in a public school serving the area where the agent grandparent resides and may enroll the minor child in a private school, pre-kindergarten program, or home study program. (2) The public school shall allow such agent grandparent with a properly executed power of attorney for the care of a minor child to enroll the minor child. (3) At the time of enrollment the grandparent shall provide to the school such residency documentation as is customary in that school district. (4) The school may request reasonable evidence of the stated hardship. (5) If a public school denies enrollment of a minor child under this Code section, such denial may be appealed and shall be treated as any other denial of enrollment of a child in that school district, including all of the remedies otherwise available when enrollment is denied to a child. (6) Except where limited by federal law, the agent grandparent shall have the same rights, duties, and responsibilities that would otherwise be exercised by the parent pursuant to the laws of this state. (7) An agent grandparent shall be obligated to comply with any existing court order relative to the child, including, but not limited to, any visitation order. 19-9-125. No person, school official, or health care provider who acts in good faith reliance on a WEDNESDAY, APRIL 2, 2008 3669 power of attorney for the care of a minor child shall be subject to criminal or civil liability or professional disciplinary action for such reliance. 19-9-126. Nothing in this article shall preclude a parent or agent grandparent from granting temporary written 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 or agent grandparent and who is temporarily supervising the child at the parents or agent grandparents request. 19-9-127. (a) Except as may be permitted by the federal No Child Left Behind Act, 20 U.S.C.A. Section 6301, et seq. and Section 7801, et seq., a parent executing the power of attorney for the care of a minor child shall certify that such action is not for the primary purpose of enrolling the child in a school for the sole purpose of participating 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 may require, in addition to any other remedies, repayment by such parent or grandparent of all costs incurred by the school as a result of the violation. (b)(1) The instrument providing for the power of attorney for the care of a minor child shall be executed by both parents, if both parents are living and have joint legal custody of the minor child, and shall specify which hardship prevents the parent or parents from caring for the child. If the parents do not have joint legal custody, the parent having sole permanent legal custody shall have authority to grant the power of attorney. (2) The power of attorney for the care of a minor child shall be signed and acknowledged before a notary public by the parent executing the power of attorney. Any noncustodial parent shall be notified in writing of the name and address of the grandparent who has been appointed the agent grandparent under the power of attorney. The executing parent shall send the notification by certified mail or statutory overnight delivery, return receipt requested, to the noncustodial parent at the noncustodial parents last known address within five days of the execution of the power of attorney. A noncustodial parent who has joint legal custody shall have the same authority to execute a revocation of the power of attorney as granted to the custodial parent. (c) If only one parent has sole permanent legal custody of the minor child, then that parent shall have authority to execute the power of attorney for the care of a minor child and to revoke the power of attorney. 19-9-128. (a)(1) The agent grandparent shall have the authority to act on behalf of the minor child until each parent who executed the power of attorney for the care of a minor child revokes the power of attorney in writing and provides notice of the revocation to 3670 JOURNAL OF THE SENATE the agent grandparent as provided in this Code section. (2) The agent grandparent shall have the authority to act on behalf of the child until a copy of the revocation of the power of attorney is received by certified mail or statutory overnight delivery, return receipt requested, and upon receipt of the revocation the agent grandparent shall cease to act as agent. (3) The parent shall send a copy of the revocation of the power of attorney to the agent grandparent within five days of the execution of the revocation by certified mail or statutory overnight delivery, return receipt requested. (4) The revoking parent shall notify the school, health care providers, and others known to the parent to have relied upon such power of attorney. (b) The power of attorney for the care of a minor child may also be terminated by any order of a court of competent jurisdiction. (c)(1) The agent grandparent shall notify the school in which the agent grandparent had enrolled the child whenever a change in circumstances results in a change in residence for such child that is expected to last more than six weeks during a school term and such change in residence is not due to hospitalization, vacation, study abroad, or some reason otherwise acceptable to the school. (2) The agent grandparent may resign by notifying the parent in writing by certified mail or statutory overnight delivery, return receipt requested, and, if the agent grandparent is aware that the parents hardship still exists, such agent grandparent shall also notify child protective services or such government authority that is charged with assuring proper care of such minor child. (3) Upon the death of the authorizing parent, the agent grandparent shall notify the surviving parent as soon as practicable. With consent of the surviving parent or if the whereabouts of the surviving parent are unknown, the power of attorney for the care of a minor child may continue for up to six months so that the child may receive consistent care until more permanent custody arrangements are made. (d) The authority to designate an agent to act on behalf of a minor child is in addition to any other lawful action a parent may take for the benefit of such minor child, and the parent shall continue to have the right to medical, dental, mental health, and school records pertaining to the minor child. 19-9-129. (a) The statutory power of attorney for the care of a minor child form contained in this Code section may be used to grant an agent grandparent powers over the minor childs enrollment in school, medical, dental, and mental health care, food, lodging, recreation, travel, and any additional powers as specified by the parent. This power of attorney is not intended to be exclusive. No provision of this article shall be construed to bar use by the parent of any other or different form of power of attorney for the care of a minor child which complies with this article. A power of attorney for the care of a minor child in substantially the form set forth in this Code section shall have the same meaning and effect as prescribed in this article. Substantially similar forms may include forms from other states. WEDNESDAY, APRIL 2, 2008 3671 (b) The power of attorney for the care of a minor child shall be in substantially the following form: 'GEORGIA POWER OF ATTORNEY FOR THE CARE OF A MINOR CHILD NOTICE: (1) THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE GRANDPARENT THAT YOU DESIGNATE (THE AGENT GRANDPARENT) POWERS TO CARE FOR YOUR MINOR CHILD, INCLUDING THE POWER TO: ENROLL THE CHILD IN SCHOOL AND IN EXTRACURRICULAR SCHOOL ACTIVITIES; HAVE ACCESS TO SCHOOL RECORDS AND DISCLOSE THE CONTENTS TO OTHERS; ARRANGE FOR AND CONSENT TO MEDICAL, DENTAL, AND MENTAL HEALTH TREATMENT FOR THE CHILD; HAVE ACCESS TO SUCH RECORDS RELATED TO TREATMENT OF THE CHILD AND DISCLOSE THE CONTENTS OF THOSE RECORDS TO OTHERS; PROVIDE FOR THE CHILDS FOOD, LODGING, RECREATION, AND TRAVEL; AND HAVE ANY ADDITIONAL POWERS AS SPECIFIED BY THE PARENT. (2) THE AGENT GRANDPARENT IS REQUIRED TO EXERCISE DUE CARE TO ACT IN THE CHILDS BEST INTEREST AND IN ACCORDANCE WITH THE GRANT OF AUTHORITY SPECIFIED IN THIS FORM. (3) A COURT OF COMPETENT JURISDICTION MAY REVOKE THE POWERS OF THE AGENT GRANDPARENT IF IT FINDS THAT THE AGENT GRANDPARENT IS NOT ACTING PROPERLY. (4) THE AGENT GRANDPARENT MAY EXERCISE THE POWERS GIVEN IN THIS POWER OF ATTORNEY FOR THE CARE OF A MINOR CHILD THROUGHOUT THE CHILDS MINORITY UNLESS THE PARENT REVOKES THIS POWER OF ATTORNEY AND PROVIDES NOTICE OF THE REVOCATION TO THE AGENT GRANDPARENT OR UNTIL A COURT OF COMPETENT JURISDICTION TERMINATES THIS POWER. (5) THE AGENT GRANDPARENT MAY RESIGN AS AGENT AND MUST IMMEDIATELY COMMUNICATE SUCH RESIGNATION TO THE PARENT, AND IF COMMUNICATION WITH SUCH PARENT IS NOT POSSIBLE, THE AGENT GRANDPARENT SHALL NOTIFY CHILD PROTECTIVE SERVICES OR SUCH GOVERNMENT AUTHORITY THAT IS CHARGED WITH ASSURING PROPER CARE OF SUCH MINOR CHILD. (6) THIS POWER OF ATTORNEY MAY BE REVOKED IN WRITING BY ANY AUTHORIZING PARENT. IF THE POWER OF ATTORNEY IS REVOKED, THE REVOKING PARENT SHALL NOTIFY THE AGENT GRANDPARENT, SCHOOL, HEALTH CARE PROVIDERS, AND OTHERS KNOWN TO THE PARENT TO HAVE RELIED UPON SUCH POWER OF ATTORNEY. (7) IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU. 3672 JOURNAL OF THE SENATE POWER OF ATTORNEY FOR THE CARE OF A MINOR CHILD made this ____ day of ______________, ____. (1)(A) I, ___________________________ (insert name and address of parent or parents), hereby appoint________________________________________________ (insert name and address of grandparent to be named as agent) as attorney in fact (the agent grandparent) for my child ______________________________________ (insert name of child) to act for me and in my name in any way that I could act in person. (B) I hereby certify that the agent grandparent named herein is the (place a check mark beside the appropriate description): ____Biological grandparent; ____Stepgrandparent; ____Biological great-grandparent; or ____Stepgreat-grandparent. (2) The agent grandparent may: (A) Enroll the child in school and in extracurricular activities, have access to school records, and may disclose the contents to others; (B) Arrange for and consent to medical, dental, and mental health treatment of the child, have access to such records related to treatment of the child, and disclose the contents of such records to others; (C) Provide for the childs food, lodging, recreation, and travel; and (D) Carry out any additional powers specified by the parent as follows: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ (3) 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): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ (4) This power of attorney for the care of a minor child is being executed because of the following hardship (initial all that apply): ____ (A) The death, serious illness, or terminal illness of a parent; ____ (B) The physical or mental condition of the parent or the child such that proper 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; ____ (D) The incarceration of a parent; or ____ (E) A period of active military duty of a parent. (5) (Optional) If a guardian of my minor child is to be appointed, I nominate the WEDNESDAY, APRIL 2, 2008 3673 following person to serve as such guardian: _________________________________ (insert name and address of person nominated to be guardian of the minor child). (6) 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 the agent grandparent. (7) 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. (8) Except as may be permitted by the federal No Child Left Behind Act, 20 U.S.C.A. Section 6301, et seq. and Section 7801, et seq., I hereby certify that this power of attorney is not executed for the primary purpose of unlawfully enrolling the child in a school so that the child may participate in the academic or interscholastic athletic programs provided by that school. (9) I certify that, to my knowledge, the minor childs welfare is not the subject of an investigation by the Department of Human Resources. (10) I declare under penalty of perjury under the laws of the State of Georgia that the foregoing is true and correct. Parent Signature:_____________________________________________________ Printed name: ______________________________________________________ Parent Signature:_____________________________________________________ Printed name: ______________________________________________________ Signed and sealed in the presence of:______________________________________ Notary public My commission expires________________' (c) The following notice shall be attached to the power of attorney: 'ADDITIONAL INFORMATION: To the grandparent designated as attorney in fact: (1) If a change in circumstances results in the child not living with you for more than six weeks during a school term and such change is not due to hospitalization, vacation, study abroad, or some reason otherwise acceptable to the school, you should notify in writing the school in which you have enrolled the child and to which you have given this power of attorney form. (2) You have the authority to act on behalf of the minor child until each parent who executed the power of attorney for the care of the minor child revokes the power of attorney in writing and provides notice of revocation to you as provided in O.C.G.A. Section 19-9-128. (3) If you are made aware of the death of the parent who executed the power of attorney, you must notify the surviving parent as soon as practicable. With the consent of the surviving parent, or if the whereabouts of the surviving parent are unknown, the power of attorney may continue for up to six months so that the child 3674 JOURNAL OF THE SENATE may receive consistent care until more permanent custody arrangements are made. (4) You may resign as agent by notifying each parent in writing by certified mail or statutory overnight delivery, return receipt requested, and if you become unable to care for the child, you shall cause such resignation to be communicated to the parent. If communication with such parent is not possible, you must notify child protective services or such government authority that is charged with assuring proper care of such minor child. To school officials: (1) Except as provided in the policies and regulations of the county school board and the federal No Child Left Behind Act, 20 U.S.C.A. Section 6301, et seq. and Section 7801, et seq., this power of attorney, properly completed and notarized, authorizes the agent grandparent named herein to enroll the child named herein in school in the district in which the agent grandparent resides. That agent grandparent is authorized to provide consent in all school related matters and to obtain from the school district educational and behavioral information about the child. Furthermore, this power of attorney shall not prohibit the parent of the child from having access to all school records pertinent to the child. (2) The school district may require such residency documentation as is customary in that school district. (3) No school official who acts in good faith reliance on a power of attorney for the care of a minor child shall be subject to criminal or civil liability or professional disciplinary action for such reliance. To health care providers: (1) No health care provider who acts in good faith reliance on a power of attorney for the care of a minor child shall be subject to criminal or civil liability or professional disciplinary action for such reliance. (2) The parent continues to have the right to all medical, dental, and mental health records pertaining to the minor child.'" SECTION 4. This Act shall become effective July 1, 2008. SECTION 5. 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 88 as amended by the following amendment: Amend the House Committee on Rules substitute to SB 88 by inserting after "definitions;" on line 4 of page 1 the following: to amend Titles 15 and 19 the Official Code of Georgia Annotated, relating to courts and domestic relations, respectively, so as to clarify WEDNESDAY, APRIL 2, 2008 3675 methods of legitimation of a child and to correct cross-references; By redesignating Sections 4 and 5 as Sections 11 and 12, respectively, and inserting after line 34 of page 10 the following: SECTION 4. Title 19 the Official Code of Georgia Annotated, relating to domestic relations, is amended by adding a new Code section to read as follows: "19-7-21.1. (a) As used in this Code section, the term: (1) 'Acknowledgment of legitimation' means a written statement contained in a voluntary acknowledgment of paternity form indicating that a mother and father of a child born out of wedlock have freely agreed and consented that the child may be legitimated. (2) 'Legal father' means a male who: (A) Has legally adopted a child; (B) Was married to the biological mother of that child at the time the child was conceived or was born, unless such paternity was disproved by a final order pursuant to Article 3 of this chapter; (C) Married the legal mother of the child after the child was born and recognized the child as his own, unless such paternity was disproved by a final order pursuant to Article 3 of this chapter; (D) Has been determined to be the father by a final paternity order pursuant to Article 3 of this chapter; (E) Has legitimated the child by a final order pursuant to Code Section 19-7-22; or (F) Has legitimated a child pursuant to this Code section and who has not surrendered or had terminated his rights to the child. (b) Prior to the childs first birthday, a father of a child born out of wedlock may render his relationship with the child legitimate when both the mother and father have freely agreed, consented, and signed a voluntary acknowledgment of paternity and an acknowledgment of legitimation which have been made and have not been rescinded pursuant to Code Section 19-7-46.1. The State Office of Vital Records shall provide notice, in writing, of the alternatives to, legal consequences of, and the rights and responsibilities of signing a voluntary acknowledgment of legitimation. (c) Voluntary acknowledgment of legitimation shall not be recognized if: (1) The mother was married to another man when the child was born; (2) The mother was married to another man at any time within the usual period of gestation; (3) There is another legal father; (4) The mother has voluntarily and in writing surrendered all of her parental rights pursuant to the provisions of subsection (a) of any of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 and has not withdrawn her surrender as permitted by the provisions of subsection (b) of Code Section 19-8-9 or the mothers parental rights have been judicially terminated by a court of competent jurisdiction or an action to terminate 3676 JOURNAL OF THE SENATE such rights has been initiated and is pending; (5) The mother has signed a voluntary acknowledgment of legitimation with another man; or (6) The child is one year of age or older. (d) If any of the circumstances described in subsection (c) of this Code section exists, the provisions of Code Section 19-7-22 shall be the only method of legitimation. (e) Voluntary acknowledgment of legitimation shall not authorize the father to receive custody or visitation until there is a judicial determination of custody or visitation. (f) It shall be unlawful to make a false statement on a voluntary acknowledgment of legitimation, and the making of a false statement shall be punishable as an act of false statements and writings under Code Section 16-10-20. (g) Where a voluntary acknowledgment of paternity is timely rescinded and includes a voluntary acknowledgment of legitimation, the legitimation shall also be deemed rescinded." SECTION 5. Said title is further amended by revising Code Section 19-7-25, relating to in whom parental power over child born out of wedlock lies, as follows: "19-7-25. Only the mother of a child born out of wedlock is entitled to his custody of the child, unless the father legitimates him the child as provided in Code Section 19-7-21.1 or 197-22 . Otherwise, the mother may exercise all parental power over the child." SECTION 6. Said title is further amended in Code Section 19-7-46.1, relating to voluntary acknowledgments of paternity and other evidence of paternity, by revising subsection (b) as follows: "(b) When both the mother and father have signed a voluntary acknowledgment of paternity and the acknowledgment is recorded in the putative father registry established by subsection (d) of Code Section 19-11-9, the acknowledgment shall constitute a legal determination of paternity, subject to the right of any signatory to rescind the acknowledgment prior to the date of the support order, any other order adjudicating paternity, or 60 days from the signing of the agreement, whichever is earlier. Recording such information in the putative father registry shall constitute a legal determination of paternity for purposes of establishing a future order for support, visitation privileges, and other matters under Code Section 19-7-51. Acknowledgment of paternity shall not constitute a legal determination of legitimation pursuant to Code Section 19-7-21.1 or 19-7-22." SECTION 7. Said title is further amended in Code Section 19-8-1, relating to definitions, by revising in their entirety subparagraphs (D) and (E) of paragraph (6) as follows: "(D) Has legitimated the child by a final order pursuant to Code Section 19-7-22; or (E) Has legitimated the child pursuant to Code Section 19-7-21.1" WEDNESDAY, APRIL 2, 2008 3677 SECTION 8. Said title is further amended in Code Section 19-8-12, relating to notice of adoption proceedings to the biological father and procedure related thereto, by revising paragraphs (1) and (2) of subsection (e) as follows: "(1) A petition to legitimate the child pursuant to Code Section 19-7-22 or an acknowledgment of legitimation pursuant to Code Section 19-7-21.1; and (2) Notice of the filing of the petition to legitimate or acknowledgment of legitimation with the court in which the action under this Code section, if any, is pending and to the person who provided such notice to such biological father." SECTION 9. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code Section 15-11-2, relating to definitions, by revising in their entirety subparagraphs (D) and (E) of paragraph (10.1) as follows: "(D) Has legitimated the child by a final order pursuant to Code Section 19-7-22; or (E) Has legitimated the child pursuant to Code Section 19-7-21.1" SECTION 10. Said title is further amended in Code Section 15-11-96, relating to the summons for a petition to terminate parental rights and the rights of biological fathers, by revising paragraphs (1) and (2) of subsection (h) as follows: "(1) A petition to legitimate the child pursuant to Code Section 19-7-22 or an acknowledgment of legitimation pursuant to Code Section 19-7-21.1; and (2) Notice of the filing of the petition to legitimate or acknowledgment of legitimation with the court in which the action under this Code section is pending." On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour E Brown Y Bulloch Y Butler Y Carter Y Chance E Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Schaefer N Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman 3678 JOURNAL OF THE SENATE Y Hamrick Y Harbison Y Harp Y Hawkins Y Powell Y Ramsey Y Reed Y Rogers Y Weber Y Wiles Y Williams On the motion, the yeas were 51, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 88 as amended by the Senate. Senator Seabaugh of the 28th was excused for business outside the Senate Chamber. The Calendar was resumed. HB 1221. By Representatives Maxwell of the 17th, Keen of the 179th, Rogers of the 26th and Meadows of the 5th: A BILL to be entitled an Act to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to consent of an insured to an insurance contract and exceptions, so as to change the minimum number of employees required to be covered under an insurance contract or contracts held by a corporation or trustee; to provided for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Murphy of the 27th. The Senate Government Oversight Committee offered the following substitute to HB 1221: A BILL TO BE ENTITLED AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change the minimum number of employees required to be covered under an insurance contract or contracts held by a corporation or trustee; to enact the "Georgia Health Marketplace Act"; to establish the Georgia Health Marketplace to provide access to health care products for Georgia consumers; to provide for definitions; to establish the Georgia Health Marketplace Authority; to provide for its membership and powers; to provide for health care products and programs in the Georgia Health Marketplace; to create a marketing trust fund; to provide for limited liability; to provide for consumer complaints; to provide for catastrophic coverage products; to provide for rules and regulations; to provided 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: WEDNESDAY, APRIL 2, 2008 3679 SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Code Section 33-24-6, relating to consent of an insured to an insurance contract and exceptions, by revising paragraph (5) of subsection (a) as follows: "(5) A corporation not described in paragraph (4) of this subsection may effectuate insurance upon its employees in whom it has an insurable interest, and a trustee of a trust established by a corporation providing life, health, disability, retirement, or similar benefits may effectuate insurance upon employees for whom such benefits are to be provided, if the insurance contract or contracts held by the such corporation or the trustee cover at least 100 two employees. For purposes of this paragraph, any employee of a group of corporations consisting of a parent corporation and its directly or indirectly owned subsidiaries shall be considered to be an employee of each corporation within the that group; or" SECTION 2. Said title is further amended by adding a new chapter to read as follows: "CHAPTER 62 33-62-1. This chapter shall be known and may be cited as the "Georgia Health Marketplace Act." 33-62-2. For purposes of this chapter, the term: (1) 'Authority' means the Georgia Health Marketplace Authority established pursuant to Code Section 33-62-3. (2) 'Board' means the board of directors of the Georgia Health Marketplace Authority. (3) 'Commissioner' means the Commissioner of Insurance. (4) 'Fund' means the GHM Marketing Trust Fund, as established in Code Section 3362-6. (5) 'GHM' means the Georgia Health Marketplace established pursuant to Code Section 33-62-5. (6) 'Insurer' means any insurer or nonprofit organization authorized to sell accident and sickness policies, subscriber contracts, certificates, or agreements of any form under Chapters 15, 18, 19, 20, 21, 29, and 30 of this title. 33-62-3. (a) There is established the Georgia Health Marketplace Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name the authority may contract and be contracted with and bring and defend actions. The authority shall have perpetual existence. (b) The authority shall be governed by a board of directors composed of ten members as follows: 3680 JOURNAL OF THE SENATE (1) The executive director of the Georgia Technology Authority; (2) The Commissioner of the Department of Community Health; (3) The Commissioner of Insurance; (4) A physician who is licensed under Chapter 34 of Title 43, appointed by the Governor; (5) A representative of a health insurance company licensed to offer health insurance policies in this state, appointed by the Lieutenant Governor; (6) A consumer representative, appointed by the Lieutenant Governor; (7) A health care marketing expert, appointed by the Lieutenant Governor; (8) An agent licensed to offer health insurance policies in this state, appointed by the Speaker of the House of Representatives; (9) A consumer representative, appointed by the Speaker of the House of Representatives; and (10) A hospital administrator, appointed by the Speaker of the House of Representatives. The initial members of the board shall be appointed to terms of office beginning July 1, 2008. All members shall serve for terms of three years; provided, however, that for the purpose of providing for staggered terms, of the Lieutenant Governors and Speakers initial appointments, one each shall be appointed for a term of one year, two years, and three years, respectively. Any vacancy on the board shall be filled in the same manner as the original appointment, and any member appointed to fill a vacancy occurring because of death, resignation, or ineligibility for membership shall serve only for the unexpired term of the members predecessor. A member shall be eligible for reappointment. (c) The board shall at its initial meeting and the first meeting of each calendar year thereafter select from among its members a chairperson and a vice chairperson. Meetings shall be held at the call of the chairperson or whenever any two members so request. (d) The members of the board who are not public officers shall be entitled to an expense allowance and reimbursement from funds of the authority for their actual travel expenses necessarily incurred in the performance of their duties and for each day actually spent in performance of their duties in the same manner as provided in Code Section 45-7-21. (e) A majority of the members of the board shall constitute a quorum for the transaction of business of the authority. The vote of at least a majority of the members present at any meeting at which a quorum is present is necessary for any action to be taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all rights and perform all duties of the board. (f) No member or employer of a member shall be eligible to bid on, or enter into, any contract let by the authority or receive payment from the authority as an employee, contractor, consultant, or vendor; provided, however, that this subsection shall not be construed to prohibit a member of the authority or employee of such member from submitting health care products for inclusion on the GHM in accordance with WEDNESDAY, APRIL 2, 2008 3681 established policies and procedures of the authority. (g) The authority is assigned to the Department of Community Health for administrative purposes only, as prescribed in Code Section 50-4-3. 33-62-4. The authority shall have the following powers: (1) To hire officers, agents, and employees, including an executive director, as necessary to perform the duties and carry out the powers conferred by this chapter; (2) To have a seal and alter the same at its pleasure; (3) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (5) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; (6) To solicit, receive, and review proposals from technology vendors for the development and implementation of technology to operate and maintain the GHM, including an Internet website accessible to all Georgians; (7) To identify health care products which fall under the categories set out in paragraphs (2) through (6) of subsection (b) of Code Section 33-62-5 for inclusion in the GHM, provided that the authority shall not have the power to directly issue insurance policies; (8) To suspend, at its sole discretion, products from inclusion in the GHM and companies and entities from submitting products for inclusion based on evidence of fraud, provided such suspension or any reinstatement shall occur only upon the written request of the Commissioner or federal law enforcement authorities; (9) To develop and approve specific measurement tools for consumers to use in comparing health care products, including brief summaries of deductibles, copayment requirements, covered providers, benefits, premiums, and coverage limits. To the maximum extent possible, the authority shall utilize cost and quality measurements established by the Georgia Health Information Technology and Transparency Advisory Board; (10) To develop a brief questionnaire of not more than ten questions to enable visitors to the GHM website to obtain instant approximate price quotes consisting of either specific prices or price ranges for products they may wish to purchase. Approximate rates provided by insurers pursuant to such questionnaire shall be used only for informational purposes and shall create no contractual obligation on the part 3682 JOURNAL OF THE SENATE of an insurer to offer an individual a policy at such rate prior to completion of medical underwriting by such insurer. If identical policies are sold by an insurer on the GHM and outside the GHM, monthly premiums shall be comparable to each other for each policy. Information provided by consumers through the GHM for purposes of obtaining price quotes on products shall not be transferred outside the GHM or recorded in written or electronic form by the GHM; (11) To develop a common battery of medical underwriting questions that can be uniformly utilized by health insurance companies on a voluntary basis to medically underwrite policies; (12) To fix and collect fees and charges associated with the operation of the GHM, including but not limited to listing charges for health insurance companies and licensed insurance agents to register on the GHM; provided, however, that any fees and charges collected shall be used only for purposes of promoting the GHM to Georgia consumers and shall not be used for general administrative expenses associated with the GHM; (13) To administer the GHM Marketing Trust Fund, as established in Code Section 33-62-6; (14) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds and to use for its corporate purposes or redeposit or reinvest interest earned on such funds; (15) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; and (16) To do all things necessary or convenient to carry out the powers conferred by this chapter. 33-62-5. (a) The authority shall establish, operate, and maintain the Georgia Health Marketplace, which shall serve as an Internet portal for access to health care products which fall under the categories set out in paragraphs (2) through (6) of subsection (b) of this Code section and to the PeachCare for Kids Program. The GHM shall also include specific measurement tools for consumers to use in comparing individual health care products, including brief summaries of deductibles, copayment requirements, covered providers, benefits, premiums, financial soundness ratings, and coverage limits. (b) The health care products and programs included in the GHM shall be in one of the following categories: (1) PeachCare for Kids Program created by Code Section 49-5-273; (2) Initiatives or programs established by the Department of Community Health aimed at providing accessible health insurance coverage to employees of small businesses in this state, such as the Health Insurance Partnership; (3) Traditional individual health insurance products sold by licensed Georgia insurers; (4) Individual health care savings accounts, including any health care plan offering WEDNESDAY, APRIL 2, 2008 3683 medical savings accounts, health reimbursement arrangement accounts, or health savings accounts. (5) Health care services provided directly from a physician or hospital which do not require a health care provider to manage any risk, such as, but not limited to, a set number of office visits, annual checkups, a set range of imaging services, immunizations, and services provided on a regular schedule for chronic diseases. Prior to receiving health care services directly from a physician or hospital pursuant to this paragraph, a consumer shall be required to sign an acknowledgment and understanding of the following statement: 'I understand I am purchasing a prepaid package of medical services. This package of services is not health insurance and provides only prepaid services at a discounted rate. Purchasing this package without also purchasing catastrophic coverage insurance may leave me without coverage for many major medical problems.' These services shall not be treated as insurance products under Georgia law. The Composite State Board of Medical Examiners shall be responsible for disciplining any physician or physician acting on behalf of a hospital for unprofessional conduct in offering or providing such services; and (6) Individual catastrophic coverage products only as authorized pursuant to Code Section 33-62-8. (c) The GHM shall provide consumers who identify health care products on the GHM the option of contacting a health insurance company or a licensed insurance agent by telephone or direct electronic referral to the agent or company website when he or she has additional questions about a product at any point in the selection process, or is ready to purchase a product. For consumers choosing the licensed insurance agent option, licensed agents selling the selected plan shall be listed in the order directed by the authority, with that order being determined by professional qualifications of the agent and the agents geographical proximity to the address given by the consumer; provided, however, that the authority may take into consideration a licensed insurance agents history of consumer complaints against such agent in the listed order. The authority shall include on the GHM a description of the important role of licensed agents in educating consumers on health insurance products. Each agent listing provided to the consumer shall include a list of the GHM vendor companies for which the agent is licensed. (d) The provisions of Chapter 21 of this title shall not be deemed to prohibit licensees thereunder from selling the policies provided for in this Code section. (e) The purchase of an accident and sickness policy or contract under this Code section shall not preclude the purchaser from purchasing additional limited benefit insurance policies or contracts. (f) All insurance policies offered for sale on the GHM shall include coverage for the following procedures which are critical to the early detection of life-threatening diseases: ovarian cancer screening, colorectal cancer screening, diabetes screening, pap smears, mammograms, and prostate specific antigen tests. Further, policies offered for 3684 JOURNAL OF THE SENATE sale on the GHM which include a primary care component shall offer beneficiaries the choice of designating an obstetrician or gynecologist as their primary care physician. 33-62-6. (a) There is created the GHM Marketing Trust Fund as a separate fund in the state treasury. The trust fund shall be administered by the authority. (b) The trust fund shall consist of such moneys as appropriated by the General Assembly, fees and charges determined and collected by the authority for the operation of the Georgia Health Marketplace, which shall be limited to initial listing charges for health insurance companies and licensed insurance agents to register on the GHM, and private contributions from any source. (c) State funds received by the authority through appropriations by the General Assembly shall not be expended by the authority unless the authority collects or receives matching private funds at a ratio of 1:1 to the state funds through fees, charges, or contributions from health insurance companies, licensed insurance agents, or other private sources. State funds not matched within two years shall be returned from the trust fund to the general fund. (d) Funds from the trust fund shall be expended only for the purpose of entering into competitively bid contracts for private sector marketing, advertising, and public relations to promote the GHM to Georgia consumers. Funds shall not be expended for general administrative expenses associated with the GHM. 33-62-7. (a) The authority shall not be liable for any acts or omissions of an insurer related to its participation in the GHM. (b) Consumer complaints relating to health care products and programs purchased or enrolled in through the GHM shall be handled in the same manner as would be applicable if the consumer purchased or enrolled in the health care product or program through other means. 33-62-8. (a) Notwithstanding any other provision of law and on and after the effective date of this Code section, catastrophic coverage products may be offered by an insurer for purposes of this chapter only. Such products shall: (1) Have deductibles in at least a minimum amount as established by the authority; provided, however, that an insurer may set a higher deductible. Such minimum amount shall be equal to the amount established by the United States Department of Treasury as the minimum deductible for high deductible health plans, as it exists on the effective date of this Code section. The authority shall establish and maintain rules governing the adjustments of this figure for purposes of inflation which may be based on the method of adjustment for high deductible health plans established by the United States Department of Treasury or on the Consumer Price Index; (2) Provide coverage for services or treatment based solely upon a contractual WEDNESDAY, APRIL 2, 2008 3685 agreement between the insurer and the consumer; (3) Be offered only through the GHM by participating insurers and agents; and (4) Be available for purchase only by individuals: (A) Between the ages of 18 and 25; or (B) Who certify in writing that they will open, within 60 days of purchase of the catastrophic coverage product, and maintain an active health care savings account capitalized to an amount equal to or greater than the annual deductible of the catastrophic coverage product the individual intends to purchase through the GHM. Products offered pursuant to this Code section shall not be subject to other Title 33 provisions including but not limited to provisions which require specific state mandated health benefits, which regulate premiums, or which regulate the issuance or cancellation of policies. (b) Prior to purchasing a catastrophic coverage product pursuant to this chapter, a consumer shall be required to sign an acknowledgment and understanding of the following statement: 'I understand that the catastrophic coverage product I am purchasing or enrolling in is not subject to any of the coverage requirements that state law mandates of standard health insurance plans. I understand that in exchange for paying a lower premium, I may be responsible for higher out of pocket expenses if I get sick or am in an accident.' (c) An insurer that offers one or more catastrophic coverage products through the GHM shall also make available for purchase on the GHM at least one individual accident and sickness insurance policy that contains all state mandated health benefits. (d) The Commissioner may promulgate rules and regulations as necessary to implement the provisions of this Code section. (e) All products offered for sale on the GHM pursuant to this Code section shall include coverage for the following procedures which are critical to the early detection of life-threatening diseases: ovarian cancer screening, colorectal cancer screening, diabetes screening, pap smears, mammograms, and prostate specific antigen tests. Further, products offered under this Code section which include a primary care component shall offer beneficiaries the choice of designating an obstetrician or gynecologist as their primary care physician. 33-62-9. The authority and the Commissioner, as appropriate, shall be authorized to adopt rules and regulations to effect the implementation of this chapter." 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. 3686 JOURNAL OF THE SENATE On the adoption of the substitute, there were no objections, 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 E Brown Y Bulloch N Butler Y Carter Y Chance E Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath N Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey N Reed Rogers Y Schaefer E Seabaugh N Seay Y Shafer,D Y Smith Y Staton Stoner Y Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 39, nays 11. HB 1221, having received the requisite constitutional majority, was passed by substitute. HB 1274. By Representative Knight of the 126th: 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 income tax imposition, rate, computation, and exemptions, so as to change certain provisions relating to income tax credits for donations of real property for conservation purposes and carryover of credits; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Heath of the 31st. WEDNESDAY, APRIL 2, 2008 The following Fiscal Note, as required by law, was read by the Secretary: 3687 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, 2008 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 1274 (LC 25 5184) Dear Chairman O'Neal: This bill would modify certain provisions relating to state income tax credits for donations of real property for conservation purposes. The Georgia State University Fiscal Research Center provided the following description of this bill and analysis of its fiscal impact: Current law allows taxpayers to receive a credit against income taxes for the donation of conservation land to the state, county, municipality, or consolidated government of the state. The value of the current law tax credit is 25 percent of the value of the donated property. The value of the tax credit cannot exceed $500,000 for corporation taxpayers or $250,000 of individual taxpayers. The credit is not refundable but unused credits may be carried forward for 5 years. The proposed legislation includes two significant modifications to current law. The first modification includes contributions of conservation land to the Federal government as land donations qualifying for the tax credit. This modification is not estimated to have a significant effect to the state. It is assumed that taxpayers are currently able to evade this current law limitation by changes in the structure of the donation. Therefore, removing this limitation to the current law is estimated to have no significant revenue effect. The second modification to the existing proposal is to increase, from 5 years to 10 years, 3688 JOURNAL OF THE SENATE the period for which unused credits may be carried forward. This provision is estimated to result in a small revenue loss for the state. Increasing the length of the carryforward period makes the program more attractive by reducing the risk that a taxpayer will generate tax credits that they are unable to use at some point in the future. On the other hand, it is assumed that donors are strategic in their tax planning behavior so that the extension of the carryforward period will have only a small effect on state revenues. The revenue effect is reflected in the estimate by a higher growth rate in donations. The revisions addressed in this analysis do not increase the value of the tax credit, but maintain the current level of 25 percent. In addition, current law corporate taxpayers are able to receive both a reduction in the base of their state taxable income and a state tax credit for their land contributions. The effect of this reduction in the base of their state taxable income is to allow firms to take an implicit deduction for their contribution in addition to the tax credit. The potential for this double benefit exists under current law and is not addressed by any modification. The estimate of both modifications is based on an analysis of the North Carolina Conservation Tax Credit program which is very similar to the current law Georgia program. The North Carolina program allows a 25 percent credit for contributions up to $500,000 for corporations and $250,000 for individuals. Taxpayers are allowed to carry forward unused credits for 5 years. The North Carolina program has been in its current form since 1999. The North Carolina Department of Revenue estimates the value of the credits received under this provision to be approximately $19 million for 2006. The $19 million is the combined estimate of $1 million received by corporations and $18 million by individual taxpayers. The assumptions used to estimate the revenue effect associated with the original proposal have been updated to reflect some additional years of data from the North Carolina program. Where no new information is available, the original assumptions were applied. It is assumed that increasing the carryforward period from 5 to 10 years would result in a slightly faster growth in the number and value of land donated through this program. It is estimated that the combined effect of these modifications reduces state revenues by $5 million over a 5-year period. The annual revenue loss is shown in Table 1. These figures represent the additional revenue loss over and above the forecasted revenue loss associated with the current law provision. Table 1. Revenue Effect ($ in Millions/State Fiscal Years) 2008 2009 2010 2011 2012 Total 08-12 (*) (*) -1 -2 -2 -5 * Denotes a revenue loss of less than $1 million WEDNESDAY, APRIL 2, 2008 3689 Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget The Senate Finance Committee offered the following substitute to HB 1274: 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 income tax imposition, rate, computation, and exemptions, so as to change certain provisions relating to income tax credits for donations of real property for conservation purposes and carryover of credits; to provide for limitations, exceptions, and penalties; 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 income tax imposition, rate, computation, and exemptions, is amended by revising Code Section 48-7-29.12, relating to income tax credits for donations of real property for conservation purposes and carryover of credits, as follows: "48-7-29.12. (a) As used in this Code section, the term: (1) 'Conservation purposes' means real property which is qualified as conservation land pursuant to Chapter 22 of Title 36. (1) 'Fair market value' means the value of the donated property established by a property appraisal or appraisals meeting the requirements of Section 170 of Title 26 of the United States Code, to be submitted in such manner as the commissioner may by regulation require. (2) 'Qualified donation' means the fee simple conveyance to the state; a county, a municipality, or a consolidated government of this state; to the federal government; or a bona fide charitable nonprofit organization qualified under the Internal Revenue Code of 100 percent of all right, title, and interest in the entire parcel of donated real property, which donation is accepted by such state, county, municipality, consolidated government, federal government, or bona fide charitable nonprofit organization. Such term shall also include the donation to and acceptance by the state; a county, a municipality, or a consolidated government of this state; to the federal government; or 3690 JOURNAL OF THE SENATE a bona fide charitable nonprofit organization qualified under the Internal Revenue Code of an interest in real property which qualifies as a conservation easement under paragraph (4) of Code Section 36-22-2. Any real property which is otherwise required to be dedicated pursuant to local government regulations or ordinances or to increase building density levels shall not be eligible as a qualified donation under this Code section. Any real property which is used for or associated with the playing of golf, or is planned to be so used or associated shall not be eligible as a qualified donation under this Code section. (3) 'Eligible donor' means any person who owns an interest in a qualified donation. (4) 'Related person' has the meaning provided by Code Section 48-7-28.3. (5) 'Substantial valuation misstatement' means a valuation such that the value of any property claimed on any return of tax imposed under this chapter, or on any claim for refund of such tax, is 150 percent or more of the amount determined to be the correct amount of such valuation. (b)(1) A taxpayer shall be allowed a state income tax credit against the tax imposed by Code Section 48-7-20 or Code Section 48-7-21 for each qualified donation of real property for conservation purposes. (2) Except as otherwise provided in paragraph (3) of this subsection and in subsection (d) of this Code section, such credit shall be limited to an amount not to exceed the lesser of $500,000.00, or 25 percent of the fair market value of the donated real property as fair market value is established pursuant to paragraph (3) of Code Section 48-5-2 for the year in which the donation occurred, or 25 percent of the difference between the fair market value and the amount paid to the donor if the donation is effected by a sale of property for less than fair market value as established for the year in which the donation occurred. (3) Except as otherwise provided in subsection (d) of this Code section, in the case of a taxpayer whose net income is determined under Code Section 48-7-23, the aggregate total credit allowed to all partners in a partnership shall be limited to an amount not to exceed the lesser of $1 million, 25 percent of the fair market value of the donated real property as fair market value is established for the year in which the donation occurred, or 25 percent of the difference between the fair market value and the amount paid to the donor if the donation is effected by a sale of property for less than fair market value as established for the year in which the donation occurred. (c) No tax credit shall be allowed under this Code section unless the taxpayer files with the taxpayers income tax return a copy of a certification by the Department of Natural Resources that the donated property is suitable for conservation purposes. The Board of Natural Resources shall promulgate any rules and regulations necessary to implement and administer this subsection, including, but not limited to, policies to guide the determination of whether or not donated property is suitable for conservation purposes. A final determination by the Department of Natural Resources with respect to the suitability of donated property for conservation purposes shall be subject to review and appeal under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' WEDNESDAY, APRIL 2, 2008 3691 (d)(1) In no event shall the total amount of any tax credit under this Code section for a taxable year exceed the taxpayers income tax liability. In no event shall the total amount of the tax credit allowed to a taxpayer under subsection (b) of this Code section exceed $250,000.00 with respect to tax liability determined under Code Section 48-7-20 or $500,000.00 with respect to tax liability determined under Code Section 48-7-21. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayers succeeding five ten years tax liability. However, the amount in excess of such annual dollar limits shall not be eligible for carryover to the taxpayers succeeding years tax liability nor shall such excess amount be claimed by or reallocated to any other taxpayer. No such tax credit shall be allowed the taxpayer against prior years tax liability. (2) Only one qualified donation may be made with respect to any real property that was, in the year prior to donation, within the same tax parcel of record, except that a subsequent donation may be made by a person who is not a related person with respect to any prior eligible donors of any portion of such tax parcel. (e)(1) Whenever: (A) Any person prepares an appraisal of the value of property and knows, or reasonably should have known, that the appraisal would be used in connection with a return or a claim for refund claiming a tax credit under this Code section; and (B) The claimed value of the property on a return or claim for refund which is based on such appraisal results in a substantial valuation misstatement with respect to such property for purposes of claiming a tax credit under this Code section, then such person shall pay a penalty in the amount determined under paragraph (2) of this subsection. (2) The amount of the penalty imposed under paragraph (1) of this subsection on any person with respect to an appraisal shall be equal to the lesser of: (A) The greater of: (i) Twenty-five percent of the difference between the amount of the tax credit claimed on the taxpayers return or claim for refund and the amount of the tax credit to which the taxpayer is actually entitled, to the extent the difference is attributable to the misstatement described in subparagraph (e)(1)(B) of this Code section; or (ii) One thousand dollars; or (B) One hundred twenty-five percent of the gross income received by the person described in subparagraph (e)(1)(A) of this Code section for the preparation of the appraisal. (3) No penalty shall be imposed under paragraph (1) of this subsection if the person establishes to the satisfaction of the commissioner that the value established in the appraisal was more likely than not the proper value. (4) Except as otherwise provided, the penalty provided by this subsection shall be in addition to any other penalties provided by law. The amount of any penalty under this subsection shall be assessed within three years after the return or claim for refund with respect to which the penalty is assessed was filed, and no proceeding in court 3692 JOURNAL OF THE SENATE without assessment for the collection of such penalty shall be begun after the expiration of such period. Any claim for refund of an overpayment of the penalty assessed under this subsection shall be filed within three years from the time the penalty was paid. (e)(f) 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, and shall be applicable to all taxable years beginning on or after January 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Unterman Y Weber Wiles Y Williams WEDNESDAY, APRIL 2, 2008 3693 On the passage of the bill, the yeas were 50, nays 1. HB 1274, having received the requisite constitutional majority, was passed by substitute. HB 1297. By Representatives Mumford of the 95th, Levitas of the 82nd, Benfield of the 85th, Ralston of the 7th, Dukes of the 150th and others: A BILL to be entitled an Act to amend Chapter 24 of Title 15 and Title 17 of the Official Code of Georgia Annotated, relating to sexual assault protocol and criminal procedure, respectively, so as to afford greater protection to victims of sexual crimes; to change provisions relating to sexual assault protocol; to provide for preservation of evidence; to allow victims of certain sexual offenses to have the right to have a free forensic medical examination even if the victim refuses to otherwise cooperate with law enforcement; to allow victims of certain sexual offenses to refuse requests for polygraph examinations or other truth-telling devices; to allow the Criminal Justice Coordinating Council to waive subrogation under certain circumstances; 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 Senate Judiciary Committee offered the following substitute to HB 1297: A BILL TO BE ENTITLED AN ACT To amend Chapter 24 of Title 15 and Title 17 of the Official Code of Georgia Annotated, relating to sexual assault protocol and criminal procedure, respectively, so as to afford greater protection to victims of sexual crimes; to change provisions relating to sexual assault protocol; to provide that failure to follow the sexual assault protocol shall not preclude the admissibility of evidence; to provide for preservation of evidence; to allow victims of certain sexual offenses to have the right to have a free forensic medical examination even if the victim refuses to otherwise cooperate with law enforcement; to allow victims of certain sexual offenses to refuse requests for polygraph examinations or other truth-telling devices; to allow the Criminal Justice Coordinating Council to waive subrogation under certain circumstances; 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 24 of Title 15 of the Official Code of Georgia Annotated, relating to sexual assault protocol, is amended by revising subsections (d) and (e) of Code Section 15-24-2, 3694 JOURNAL OF THE SENATE relating to the establishment of sexual assault protocol committee and its purpose, as follows: "(d) The protocol committee shall adopt a written sexual assault protocol, a copy of which shall be furnished to each agency in the judicial circuit that handles cases of sexual assault. The protocol shall be a written document outlining in detail the procedures to be used in investigating, collecting evidence, paying for expenses related to evidence collection, and prosecuting cases arising from alleged sexual assault and shall take into consideration the provisions of Article 4 of Chapter 5 of Title 17. The protocol may provide for different procedures to be used within particular municipalities or counties within the judicial circuit. The protocol committee shall adopt a written sexual assault protocol no later than December 31, 2004. The protocol committee may incorporate sexual assault protocols used in the judicial circuit as they existed on or before July 1, 2004. (e) The purpose of the protocol shall be to ensure coordination and cooperation between all agencies involved in sexual assault cases so as to increase the efficiency of all agencies handling such cases and to minimize the stress created for the alleged sexual assault victim by the legal and investigatory process; provided, however, that a failure by an agency to follow the protocol shall not constitute an affirmative or other defense to prosecution of a sexual assault, preclude the admissibility of evidence, nor shall a failure by an agency to follow the protocol give rise to a civil cause of action." SECTION 2. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising subsection (b) of Code Section 17-5-56, relating to maintenance of physical evidence containing biological material, as follows: "(b) In a case in which the death penalty is imposed, the evidence shall be maintained until the sentence in the case has been carried out. In a case that involves the prosecution of a serious violent felony as defined by Code Section 17-10-6.1, a violation of Code Section 16-6-5.1, or sodomy, statutory rape, child molestation, bestiality, incest, or sexual battery as those terms are defined in Chapter 6 of Title 16, the evidence that contains biological material, including, but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of the crime shall be maintained for ten years after judgment in the criminal case becomes final or ten years after May 27, 2003, whichever is later. Evidence in all other felony and misdemeanor cases may be purged." SECTION 3. Said title is further amended by revising Chapter 5, relating to searches and seizures, by adding a new article to read as follows: "ARTICLE 4 17-5-70. As used in this article, the term: (1) 'Forensic medical examination' means an examination by a health care provider of WEDNESDAY, APRIL 2, 2008 3695 a person who is a victim of a sexual assault. Such examination shall include a physical examination, documentation of biological and physical findings, and collection of physical evidence from the victim. (2) 'Investigating law enforcement agency' means the law enforcement agency responsible for the investigation of the alleged sexual assault. (3) 'Sexual assault' means rape, sodomy, aggravated sodomy, statutory rape, child molestation, aggravated child molestation, sexual assault against a person in custody, sexual assault against a person detained in a hospital or other institution, sexual assault by a practitioner of psychotherapy against a patient, incest, bestiality, sexual battery, and aggravated sexual battery as those terms and offenses are set forth and defined in Chapter 6 of Title 16. 17-5-71. (a) Except as otherwise provided in subsection (b) of this Code section or Code Section 17-5-55 or 17-5-56, on or after the effective date of this Act, the investigating law enforcement agency shall maintain any physical evidence collected as a result of an alleged sexual assault that contains biological material, including, but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of an alleged sexual assault, for ten years after the report of the alleged sexual assault. (b) If the victim does not cooperate with law enforcement in the investigation or prosecution of an alleged sexual assault, the investigating law enforcement agency shall maintain any physical evidence collected as a result of such alleged sexual assault that contains biological material, including, but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of the alleged sexual assault, for not less than 12 months from the date any such physical evidence is collected. 17-5-72. A victim shall have the right to have a forensic medical examination regardless of whether the victim participates in the criminal justice system or cooperates with law enforcement in pursuing prosecution of the underlying crime. A victim shall not be required to pay, directly or indirectly, for the cost of a forensic medical examination. The cost of a forensic medical examination shall be paid for by the investigating law enforcement agency. 17-5-73. No prosecuting attorney, investigating law enforcement agency, or government official shall ask or require any victim of a sexual assault to submit to a polygraph examination or any other truth-telling device as a condition precedent to investigating such alleged crime. The refusal of a victim to submit to a polygraph examination or any other truthtelling device shall not prevent an investigation or prosecution of any sexual assault." SECTION 4. Said title is further amended by revising Code Section 17-15-12, relating to the effect of 3696 JOURNAL OF THE SENATE accepting an award, as follows: "17-15-12. (a) Acceptance of an award made pursuant to this chapter shall subrogate the state, to the extent of such award, to any right or right of action occurring to the claimant or the victim to recover payments on account of losses resulting from the crime with respect to which the award is made. The board may waive subrogation when the victim or claimant presents documentation and the board verifies that judgment, settlement, or other sources have not fully reimbursed the victim or claimant for expenses compensable under this chapter. (b) Acceptance of an award made pursuant to this chapter based on damages from a criminal act shall constitute an agreement on the part of the recipient reasonably to pursue any and all civil remedies arising from any right of action against the person or persons responsible for or committing the act." 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. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman WEDNESDAY, APRIL 2, 2008 3697 Y Hamrick Y Harbison Y Harp Y Hawkins Powell Y Ramsey Y Reed Y Rogers Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 53, nays 0. HB 1297, 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 169. By Senators Hamrick of the 30th, Harp of the 29th, Meyer von Bremen of the 12th, Adelman of the 42nd, Grant of the 25th 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. SB 374. By Senators Weber of the 40th and Seabaugh of the 28th: A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen, so as to provide for definitions; to revise certain time periods for filing materialmens and mechanics liens; to provide for certain notices regarding waiver of lien or claim upon bond; to set filing fees for such liens; to define certain terms; to provide that certain notices shall be sent by registered or overnight mail or statutory overnight delivery; to provide that certain liens are unenforceable if an action is not commenced within 12 months; to provide for a notice of contest of lien; to provide for the computation of certain time periods; to provide for related matters; to 3698 JOURNAL OF THE SENATE provide for an effective date; to repeal conflicting laws; and for other purposes. The House has passed, by substitute, by the requisite constitutional majority the following Resolutions of the Senate: SR 1012. By Senators Grant of the 25th, Harp of the 29th, Smith of the 52nd, Chapman of the 3rd, Murphy of the 27th and others: A RESOLUTION authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; authorizing the conveyance by exchange of certain state owned real property in Brantley County, Georgia; authorizing the conveyance of certain state owned real property located in Bulloch County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; authorizing the conveyance of certain state owned property in Lowndes County, Georgia; authorizing the conveyance of certain state owned property in Mitchell County, Georgia; authorizing the conveyance of and easement over certain state owned real property located in Troup County, Georgia; to repeal conflicting laws; and for other purposes. SR 1055. By Senators Mullis of the 53rd, Thomas of the 54th and Tate of the 38th: A RESOLUTION honoring the accomplishments of Joel A. Katz and dedicating a road in his honor; and for other purposes. The Calendar was resumed. HB 1378. By Representatives Chambers of the 81st, Watson of the 91st, Mosby of the 90th, Drenner of the 86th, Jacobs of the 80th and others: 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 by annexing certain territory; to change the composition of city council districts to accommodate such annexation; 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. Senate Sponsor: Senator Weber of the 40th. The report of the committee, which was favorable to the passage of the bill, was agreed to. WEDNESDAY, APRIL 2, 2008 3699 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Brown Y Bulloch N Butler Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath N Henson C Hill,Jack Y Hill,Judson Hooks Y Hudgens Y Jackson Y Johnson N Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson N Powell N Ramsey Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton N Stoner N Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams On the passage of the bill, the yeas were 42, nays 8. HB 1378, 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: Finance Appropriations Reapportionment and Redistricting Regulated Industries and Utilities Rules The State Senate Atlanta, Georgia 30334 MAJORITY LEADER 4/2/08 Record my vote as a yea on HB 1378. /s/ Tommie Williams 3700 JOURNAL OF THE SENATE Senator Hamrick of the 30th was excused for business outside the Senate Chamber. The Calendar was resumed. HB 1020. By Representatives Golick of the 34th, Ralston of the 7th and Forster of the 3rd: A BILL to be entitled an Act to restrict access to certain sexually explicit or obscene property or material which is evidence in civil and criminal cases involving minors; to amend Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases; to amend Chapter 18 of Title 50, relating to open records; to provide for controlled access to such property or materials; to provide for penalties; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Wiles of the 37th. The Senate Judiciary Committee offered the following substitute to HB 1020: A BILL TO BE ENTITLED AN ACT To amend Article 5 of Chapter 11 of Title 9, Chapter 16 of Title 17, and Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to depositions and discovery in civil actions, discovery in criminal cases, and inspection of public records, respectively, so as to eliminate duplication of evidence of a violation of Part 2 of Article 3 of Chapter 12 of Title 16; to provide for controlled access to such evidence in public inspections of evidence; to change provisions relating to judicial approval being required for inspection of trial exhibits and reproduction of exhibits; to prohibit public disclosure of certain evidence under limited circumstances; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to depositions and discovery in civil actions, is amended by adding a new Code section to read as follows: "9-11-34.1. Notwithstanding the provisions of Code Section 9-11-34, in any civil action based upon evidence seized in a criminal proceeding involving any violation of Part 2 of Article 3 of Chapter 12 of Title 16, a party shall not be permitted to copy any books, papers, WEDNESDAY, APRIL 2, 2008 3701 documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof." SECTION 2. Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in criminal cases, is amended by revising paragraph (3) of subsection (a) of Code Section 17-16-4, relating to disclosure required by prosecuting attorney and defendant and inspections allowed, as follows: "(3)(A) Except as provided in subparagraph (B) of this paragraph, the The prosecuting attorney shall, no later than ten days prior to trial, or as otherwise ordered by the court, permit the defendant at a time agreed to by the parties or ordered by the court to inspect and copy or photograph books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof and to inspect and photograph buildings or places which are within the possession, custody, or control of the state or prosecution and are intended for use by the prosecuting attorney as evidence in the prosecutions casein-chief or rebuttal at the trial or were obtained from or belong to the defendant. Evidence that is within the possession, custody, or control of the Forensic Sciences Division of the Georgia Bureau of Investigation or other laboratory for the purpose of testing and analysis may be examined, tested, and analyzed at the facility where the evidence is being held pursuant to reasonable rules and regulations adopted by the Forensic Sciences Division of the Georgia Bureau of Investigation or the laboratory where the evidence is being held. (B) With respect to any books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof which are within the possession, custody, or control of the state or prosecution and are intended for use by the prosecuting attorney as evidence in the prosecutions casein-chief or rebuttal at the trial of any violation of Part 2 of Article 3 of Chapter 12 of Title 16, such evidence shall, no later than ten days prior to trial, or as otherwise ordered by the court, be allowed to be inspected by the defendant but shall not be allowed to be copied." SECTION 3. Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended by revising Code Section 50-18-71.1, relating to the approval of the judge required for inspection of trial exhibits, as follows: "50-18-71.1. (a) Notwithstanding any other provision of this article, an exhibit tendered to the court as evidence in a criminal or civil trial shall not be open to public inspection without approval of the judge assigned to the case or, if no judge has been assigned, approval of the chief judge or, if no judge has been designated chief judge, approval of the judge most senior in length of service on the court. (b) Except as provided in subsection (d) of this Code section, in In the event inspection 3702 JOURNAL OF THE SENATE is not approved by the court, in lieu of inspection of such an exhibit, the custodian of such an exhibit shall, upon request, provide one or more of the following representations of the exhibit: (1) A photograph; (2) A photocopy; (3) A facsimile; or (4) Another reproduction. (c) The provisions of subsections (b), (c), (d), and (e) of Code Section 50-18-71 shall apply to fees, costs, and charges for providing a photocopy of such an exhibit. Fees for providing a photograph, facsimile, or other reproduction of such an exhibit shall not exceed the cost of materials or supplies and a reasonable charge for time spent producing the photograph, facsimile, or other reproduction, in accordance with subsections (d) and (e) of Code Section 50-18-71. (d) Any physical evidence that is evidence of a violation of Part 2 of Article 3 of Chapter 12 of Title 16, that is used as an exhibit in a criminal or civil trial, shall not be open to public inspection except as provided in subsection (a) of this Code section. If the judge approves inspection of such physical evidence, the judge shall designate, in writing, the location where such physical evidence may be inspected, which location shall be in a facility owned or operated by an agency of state or local government. If the judge permits inspection, such property or material shall not be photographed, copied, or reproduced by any means. Any person who violates the provisions of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years and by a fine of not more than $100,000.00, or both." SECTION 4. Said article is further amended by revising subsection (a) of Code Section 50-18-72, relating to when public disclosure is not required, by striking "or" at the end of paragraph (19), by striking the period and inserting in its place "; or" at the end of paragraph (20), and by adding a new paragraph to read as follows: "(21) Notwithstanding the provisions of paragraph (4) of this subsection, any physical evidence or investigatory materials that are evidence of an alleged violation of Part 2 of Article 3 of Chapter 12 of Title 16, which are in the possession, custody, or control of law enforcement, prosecution, or regulatory agencies." SECTION 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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. WEDNESDAY, APRIL 2, 2008 3703 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Thomas,D Thomas,R Y Thompson,C Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. HB 1020, having received the requisite constitutional majority, was passed by substitute. The following communication from His Excellency, Governor Sonny Perdue, was received by the Secretary: SONNY PERDUE GOVERNOR STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 March 31, 2008 The Honorable Casey Cagle Lieutenant Governor and President of the Senate and Members of the Senate Senate Chamber Atlanta, GA 30334 3704 JOURNAL OF THE SENATE Dear Lieutenant Governor and Members of the Senate: I submit to you, as provided by law, the following appointments for confirmation: The Honorable Molly Dye Franklin of Fulton County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning February 1, 2008, and ending March 15, 2011. The Honorable Billy Jerles, Jr. of Houston County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning January 25, 2008, and ending March 15, 2013. The Honorable Lindsey Tippins of Cobb County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning January 25, 2008, and ending March 15, 2013. The Honorable Gary Wisenbaker of Chatham County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning March 15, 2002, and ending March 15, 2014. The Honorable Brian Brannon of Gordon County, as a member of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia, for the term of office beginning June 30, 2007, and ending June 30, 2010. The Honorable Joanne Caldwell of Rockdale County, as a member of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia, for the term of office beginning January 25, 2008, and ending June 30, 2010. The Honorable Nels Peterson of Cobb County, as a member of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia, for the term of office beginning June 30, 2007, and ending June 30, 2010. The Honorable Carolyn Williams of Pike County, as a member of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia, for the term of office beginning February 1, 2008, and ending June 30, 2009. The Honorable Deke Copenhaver of Richmond County, as a member of the Board of Community Affairs, for the term of office beginning May 11, 2007, and ending July 1, 2012. The Honorable Carolyn Crayton of Bibb County, as a member of the Board of Community Affairs, for the term of office beginning July 5, 2007, and ending July 1, 2008. WEDNESDAY, APRIL 2, 2008 3705 The Honorable John McColskey of DeKalb County, as a member of the Board of Community Affairs, for the term of office beginning July 25, 2007, and ending July 1, 2012. The Honorable Tommy Stewart of Glynn County, as a member of the Board of Community Affairs, for the term of office beginning August 2, 2007, and ending July 1, 2012. The Honorable Frank Jones of Grady County, as a member of the Board of Community Health, for the term of office beginning August 20, 2007, and ending July 1, 2010. The Honorable Ross Mason of Morgan County, as a member of the Board of Community Health, for the term of office beginning November 29, 2007, and ending July 1, 2010. The Honorable Raymond Riddle of Fulton County, as a member of the Board of Community Health, for the term of office beginning July 1, 2007, and ending July 1, 2010. The Honorable Archer Rose of Rockdale County, as a member of the Board of Community Health, for the term of office beginning February 1, 2008, and ending July 1, 2009. The Honorable Erroll Davis of Fulton County, as a member of the Board of Control for Southern Regional Education, for the term of office beginning July 19, 2007, and ending June 30, 2011. The Honorable Jennifer Rippner of Fulton County, as a member of the Board of Control for Southern Regional Education, for the term of office beginning August 2, 2007, and ending June 30, 2009. The Honorable Steve Smith of Lowndes County, as a member of the Board of Control for Southern Regional Education, for the term of office beginning August 2, 2007, and ending June 30, 2008. The Honorable Rep. Jan Jones of Fulton County, as a member of the Board of Control for Southern Regional Education (Legislative Council), for the term of office beginning August 2, 2007, and ending at pleasure. The Honorable Wayne Dasher of Tatnall County, as a member of the Board of Corrections, for the term of office beginning October 24, 2007, and ending July 1, 2012. The Honorable John Mayes of Floyd County, as a member of the Board of Corrections, for the term of office beginning October 24, 2007, and ending July 1, 2012. 3706 JOURNAL OF THE SENATE The Honorable Sheriff Cecil Nobles of Long County, as a member of the Board of Corrections, for the term of office beginning December 12, 2007, and ending July 1, 2011. The Honorable Jim Whitehead, as a member of the Board of Corrections, for the term of office beginning December 12, 2007, and ending July 1, 2009. The Honorable Bob Bell of DeKalb County, as a member of the Board of Directors of the Georgia Higher Education Savings Plan, for the term of office beginning May 11, 2007, and ending at pleasure. The Honorable Jeanne Ferst of Fulton County, as a member of the Board of Directors of the Georgia Higher Education Savings Plan, for the term of office beginning May 11, 2007, and ending at pleasure. The Honorable Phil Tomlinson of Muscogee County, as a member of the Board of Directors of the Georgia Higher Education Savings Plan, for the term of office beginning May 11, 2007 and ending at pleasure. The Honorable Jimmy Braswell, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning August 2, 2007, and ending December 5, 2011. The Honorable John Watson of Fulton County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning February 1, 2008, and ending December 15, 2012. 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 24, 2007, and ending June 1, 2012. The Honorable Mike Byrd of Cherokee County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning December 12, 2007, and ending June 1, 2012. The Honorable Sonny Deriso of Dougherty County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning October 24, 2007 and ending June 1, 2012. The Honorable Caric Martin of Cobb County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning July 5, 2007, and ending June 1, 2009. WEDNESDAY, APRIL 2, 2008 3707 The Honorable Narender Reddy of Gwinnett County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning October 24, 2007, and ending June 1, 2012. The Honorable John Sibley of Fulton County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning June 1, 2007, and ending June 1, 2012. The Honorable Jim Stephenson of Fulton County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning May 22, 2007, and ending June 1, 2009. The Honorable J.T. Williams of Henry County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning October 24, 2007, and ending June 1, 2012. The Honorable Wilbur "T" Gamble, III of Terrell County, as a member of the Board Driver Services, for the term of office beginning July 5, 2007, and ending June 30, 2011. The Honorable Kelly Gay of Fulton County, as a member of the Board of Driver Services, for the term of office beginning March 26, 2008, and ending June 30, 2013. 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 2, 2007, and ending July 1, 2012. The Honorable Dixie Kinard of Whitfield County, as a member of the Board of Early Care and Learning, for the term of office beginning November 7, 2007, and ending July 1, 2012. The Honorable Theodore Mallory of Fayette County, as a member of the Board of Early Care and Learning, for the term of office beginning September 24, 2007, and ending July 1, 2012. The Honorable Carlene Talton of Decatur County, as a member of the Board of Early Care and Learning, for the term of office beginning September 24, 2007, and ending July 1, 2012. The Honorable Mike Cottrell of Lumpkin County, as a member of the Board of Economic Development, for the term of office beginning February 15, 2008, and ending July 1, 2011. The Honorable Brian Foster of Chatham County, as a member of the Board of Economic 3708 JOURNAL OF THE SENATE Development, for the term of office beginning August 29, 2007, and ending July 1, 2012. The Honorable Jim Hammock of Laurens County, as a member of the Board of Economic Development, for the term of office beginning August 2, 2007, and ending July 1, 2010. The Honorable Price Harding of Forsyth County, as a member of the Board of Economic Development, for the term of office beginning January 25, 2008, and ending July 1, 2012. The Honorable Tom Ratcliffe of Liberty County, as a member of the Board of Economic Development, for the term of office beginning June 22, 2007, and ending July 1, 2011. The Honorable Tee Tolleson of Houston County, as a member of the Board of Economic Development, for the term of office beginning July 1, 2007, and ending July 1, 2012. The Honorable Harriette Watkins of Fayette County, as a member of the Board of Economic Development, for the term of office beginning February 12, 2008, and ending January 1, 2013. The Honorable Tom Wiley of Fulton County, as a member of the Board of Economic Development, for the term of office beginning January 25, 2008, and ending July 1, 2012. The Honorable Lisa Alexander of Douglas County, as a member of the Board of Human Resources, for the term of office beginning January 4, 2008, and ending April 6, 2012. The Honorable Frank Auman of DeKalb County, as a member of the Board of Human Resources, for the term of office beginning August 2, 2007, and ending April 6, 2012. The Honorable Mary Burns of Fulton County, as a member of the Board of Human Resources, for the term of office beginning May 22, 2007, and ending April 6, 2012. The Honorable Murray Freedman of Richmond County, as a member of the Board of Human Resources, for the term of office beginning June 21, 2007, and ending April 6, 2012. The Honorable Justin Neal of Fulton County, as a member of the Board of Human Resources, for the term of office beginning January 4, 2008, and ending April 6, 2012. The Honorable Billy Richardson of Paulding County, as a member of the Board of Human Resources, for the term of office beginning March 26, 2008, and ending April 6, 2012. The Honorable Stephen Rigdon of Appling County, as a member of the Board of Human WEDNESDAY, APRIL 2, 2008 3709 Resources, for the term of office beginning January 4, 2008, and ending April 6, 2010. The Honorable Monica Walters of Lamar County, as a member of the Board of Human Resources, for the term of office beginning July 25, 2007, and ending April 6, 2012. The Honorable Ann White of Floyd County, as a member of the Board of Human Resources, for the term of office beginning August 2, 2007, and ending April 6, 2012. The Honorable Elizabeth Lindsey of Fulton County, as a member of the Board of Juvenile Justice, for the term of office beginning August 21, 2007, and ending July 6, 2012. The Honorable Perry McGuire of Douglas County, as a member of the Board of Juvenile Justice, for the term of office beginning September 13, 2007, and ending July 6, 2012. The Honorable Dan Menefee of Muscogee County, as a member of the Board of Juvenile Justice, for the term of office beginning August 21, 2007, and ending July 6, 2012. The Honorable Steve Simpson of Bibb County, as a member of the Board of Juvenile Justice, for the term of office beginning November 7, 2007, and ending July 6, 2011. The Honorable Elaine Snow of Floyd County, as a member of the Board of Juvenile Justice, for the term of office beginning October 4, 2007, and ending July 6, 2011. The Honorable Ray Lambert, Jr. of Henry County, as a member of the Board of Natural Resources, for the term of office beginning August 2, 2007, and ending March 16, 2013. The Honorable Philip Watt of Thomas County, as a member of the Board of Natural Resources, for the term of office beginning January 4, 2008, and ending January 1, 2010. The Honorable Lou Dekmar of Troup County, as a member of the Board of Public Safety, for the term of office beginning March 26, 2008, and ending January 20, 2012. The Honorable Jack McElfish of Gwinnett County, as a member of the Board of Public Safety, for the term of office beginning March 13, 2008, and ending January 20, 2011. The Honorable Ellis Wood of Bulloch County, as a member of the Board of Public Safety, for the term of office beginning March 26, 2008, and ending January 20, 2012. The Honorable Jim Jolly, Jr. of Whitfield County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning March 13, 2008, and ending January 1, 2015. 3710 JOURNAL OF THE SENATE The Honorable Dink NeSmith of Clarke County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning March 13, 2008, and ending January 1, 2015. The Honorable Ken Bernard of Douglas County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning May 11, 2007, and ending January 1, 2014. The Honorable Kessel Stelling of Cobb County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning February 1, 2008, and ending January 1, 2015. The Honorable Ned Winsor of DeKalb County, as a member of the Board of Trustees of the Employees' Retirement System of Georgia, for the term of office beginning June 30, 2007, and ending June 30, 2011. The Honorable Crisp Gatewood of Dougherty County, as a member of the Board of Trustees of the Herty Foundation, for the term of office beginning August 20, 2007, and ending February 19, 2012. The Honorable Brooks Warnell of Bryan County, as a member of the Board of Trustees of the Herty Foundation, for the term of office beginning August 29, 2007, and ending February 19, 2011. The Honorable John Fervier of Gwinnett County, as a member of the Board of Trustees of the Subsequent Injury Trust Fund Commission, for the term of office beginning August 20, 2007, and ending July 1, 2012. The Honorable Alvin Wilbanks of Gwinnett County, as a member of the Board of Trustees of the Teachers Retirement System, for the term of office beginning June 30, 2007, and ending June 30, 2010. The Honorable David Renz of Whitfield County, as a member of the Board of Brain and Spinal Injury Trust Fund Commission, for the term of office beginning May 22, 2007, and ending December 8, 2008. The Honorable Jan B. Loftis of Richmond County, as a member of the Civil War Commission, for the term of office beginning September 24, 2007, and ending June 1, 2011. The Honorable Alexander Gross, M.D. of Fulton County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning March 26, 2008, and ending July 1, 2011. WEDNESDAY, APRIL 2, 2008 3711 The Honorable Marion O'Neill Lee, M.D. of Crisp County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning March 26, 2008, and ending July 1, 2011. The Honorable Richard Weil, M.D. of Fulton County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning March 26, 2008, and ending July 1, 2008. The Honorable Charles White, D.O. of White County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning May 11, 2007, and ending July 1, 2008. The Honorable Cliff McCurry of Chatham County, as a member of the Consumer Advisory Board, for the term of office beginning July 5, 2007, and ending July 1, 2010. The Honorable Wayne McGuinty of Wilcox County, as a member of the Consumer Advisory Board, for the term of office beginning May 11, 2007, and ending July 1, 2009. The Honorable Todd Ashley of Fulton County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning July 1, 2007, and ending July 1, 2011. The Honorable Chris Brasher of Fulton County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning February 1, 2008, and ending July 1, 2011. The Honorable Brenda Hoffmeyer of Whitfield County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning January 16, 2007, and ending January 16, 2011. The Honorable Joe Hood of Fulton County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning July 1, 2005, and ending July 1, 2009. The Honorable Catherine O'Neil of Fulton County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning July 1, 2007, and ending July 1, 2011. The Honorable Pete Smith of Sumter County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning July 1, 2007, and ending July 1, 2011. The Honorable T. Wayne Bloodworth, M.D. of Fulton County, as a member of the 3712 JOURNAL OF THE SENATE Georgia Athletic and Entertainment Commission, for the term of office beginning July 19, 2007, and ending November 6, 2010. The Honorable Christopher Harris of Fulton County, as a member of the Georgia Athletic and Entertainment Commission, for the term of office beginning August 16, 2007, and ending November 6, 2010. The Honorable Isaac Hadley of Muscogee County, as a member of the Georgia Board of Dentistry, for the term of office beginning February 22, 2008 and ending January 4, 2013. The Honorable Steve Holcomb of Houston County, as a member of the Georgia Board of Dentistry, for the term of office beginning February 22, 2008, and ending January 4, 2013. The Honorable Barbara Mitchell of Sumter County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning May 11, 2007, and ending July 1, 2010. The Honorable Mary Anderson of Bulloch County, as a member of the Georgia Board of Nursing, for the term of office beginning September 23, 2007, and ending September 23, 2010. The Honorable Susan Ayers of Troup County, as a member of the Georgia Board of Nursing, for the term of office beginning February 12, 2008, and ending September 23, 2009. The Honorable Dee Keeton of DeKalb County, as a member of the Georgia Board of Nursing, for the term of office beginning February 12, 2008, and ending September 23, 2010. The Honorable Kellie Ruth Lockwood of Atkinson County, as a member of the Georgia Board of Nursing, for the term of office beginning February 12, 2008, and ending September 23, 2009. The Honorable Scott Thigpen of Ware County, as a member of the Georgia Board of Nursing, for the term of office beginning February 12, 2008, and ending September 23, 2010. The Honorable Vernon Keenan of DeKalb County, as a member of the Georgia Board of Private Detective and Security Agencies, for the term of office beginning May 11, 2007, and ending July 1, 2009. WEDNESDAY, APRIL 2, 2008 3713 The Honorable Mary Boyert of Gwinnett County, as a member of the Georgia Commission for Saving the Cure, for the term of office beginning March 27, 2008, and ending March 1, 2011. The Honorable Dr. Michael Johns of Fulton County, as a member of the Georgia Commission for Saving the Cure, for the term of office beginning March 27, 2008, and ending March 1, 2011. The Honorable Dr. Ken Kupke of Fulton County, as a member of the Georgia Commission for Saving the Cure, for the term of office beginning March 27, 2008, and ending March 1, 2011. The Honorable Dr. David Munn of Richmond County, as a member of the Georgia Commission for Saving the Cure, for the term of office beginning March 27, 2008, and ending March 1, 2011. The Honorable Dr. Gerry Sotomayor of Fulton County, as a member of the Georgia Commission for Saving the Cure, for the term of office beginning March 27, 2008, and ending March 1, 2011. The Honorable Dr. Robert Yu of Richmond County, as a member of the Georgia Commission for Saving the Cure, for the term of office beginning March 27, 2008, and ending March 1, 2011. The Honorable Sen. Joe Carter of Tift County, as a member of the Georgia Commission on Child Support, for the term of office beginning August 21, 2007, and ending January 1, 2009. The Honorable Chuck Clay of Cobb County, as a member of the Georgia Commission on Child Support, for the term of office beginning July 25, 2007, and ending May 9, 2011. The Honorable Earl Ehrhart of Cobb County, as a member of the Georgia Commission on Child Support, for the term of office beginning July 5, 2007, and ending January 1, 2009. The Honorable Seth Harp of Muscogee County, as a member of the Georgia Commission on Child Support, for the term of office beginning July 5, 2007, and ending January 1, 2009. The Honorable Joy Hawkins of DeKalb County, as a member of the Georgia Commission on Child Support, for the term of office beginning July 25, 2007, and ending May 9, 2011. 3714 JOURNAL OF THE SENATE The Honorable Lisa Jones of Sumter County, as a member of the Georgia Commission on Child Support, for the term of office beginning August 2, 2007, and ending May 9, 2011. The Honorable R. Michael Key of Troup County, as a member of the Georgia Commission on Child Support, for the term of office beginning July 25, 2007, and ending May 9, 2011. The Honorable Rep. Ed Lindsey of Fulton County, as a member of the Georgia Commission on Child Support, for the term of office beginning July 5, 2007, and ending January 1, 2009. The Honorable Michael Martin of Cobb County, as a member of the Georgia Commission on Child Support, for the term of office beginning September 13, 2007, and ending May 9, 2011. The Honorable Rick Smith of Cobb County, as a member of the Georgia Commission on Child Support, for the term of office beginning August 2, 2007, and ending May 9, 2011. The Honorable Roger Tutterow of Cobb County, as a member of the Georgia Commission on Child Support, for the term of office beginning July 25, 2007, and ending May 9, 2011. The Honorable Gregg Waller of Baldwin County, as a member of the Georgia Commission on Hearing and Deaf Persons, for the term of office beginning March 26, 2008, and ending March 1, 2011. The Honorable J. Comer Yates of Fulton County, as a member of the Georgia Commissions on Hearing Impaired and Deaf Persons, for the term of office beginning March 26, 2008, and ending March 1, 2011. The Honorable Trace Overton of Coweta County, as a member of the Georgia Driver's Education Commission, for the term of office beginning March 27, 2008, and ending August 19, 2011. The Honorable Bryce Robinson of Harris County, as a member of the Georgia Driver's Education Commission, for the term of office beginning March 26, 2008, and ending August 19, 2011. The Honorable Richard Warner of Fulton County, as a member of the Georgia Film, Video and Music Advisory Commission, for the term of office beginning March 13, 2008, and ending at pleasure. WEDNESDAY, APRIL 2, 2008 3715 The Honorable Gene Bottoms of DeKalb County, as a member of the Georgia Public Telecommunications Commission, for the term of office beginning May 11, 2007, and June 30, 2008. The Honorable George Waters of Bibb County, as a member of the Georgia Public Telecommunications Commission, for the term of office beginning May 11, 2007, and ending at June 30, 2010. The Honorable David Burge of Fulton County, as a member of the Georgia Superior Court Clerks' Cooperative Authority, for the term of office beginning May 11, 2007, and ending July 1, 2008. The Honorable Michael Johnson of Dodge County, as a member of the Georgia Superior Court Clerks' Cooperative Authority, for the term of office beginning May 11, 2007, and ending July 1, 2008. The Honorable Dennis Ashley, M.D. of Bibb County, as a member of the Georgia Trauma Care Network Commission, for the term of office beginning October 26, 2007, and ending October 1, 2009. The Honorable Ben Hinson of Bibb County, as a member of the Georgia Trauma Care Network Commission, for the term of office beginning October 26, 2007, and ending October 1, 2011. The Honorable Rhonda Medows, M.D., as a member of the Georgia Trauma Care Network Commission, for the term of office beginning October 26, 2007, and ending October 1, 2011. The Honorable Kurt Stuenkel of Floyd County, as a member of the Georgia Trauma Care Network Commission for the term of office beginning October 24, 2007, and ending October 1, 2009. The Honorable Kelli Vaughn of Grady County, as a member of the Georgia Trauma Care Network Commission, for the term of office beginning October 26, 2007, and ending October 1, 2011. The Honorable Janice Marshall of Bibb County, as a member of the Hotel/Motel Tax Performance Review Board, for the term of office beginning October 24, 2007, and ending July 1, 2010. The Honorable T. Wayne Bloodworth of Fulton County, as a member of the Medical Advisory Panel for the Georgia Athletic and Entertainment Commission, for the term of office beginning May 11, 2007, and ending at pleasure. 3716 JOURNAL OF THE SENATE The Honorable Dr. Scott Malone of Houston County, as a member of the Medical Advisory Panel for the Georgia Athletic and Entertainment Commission, for the term of office beginning May 11, 2007, and ending at pleasure. The Honorable Brad Currey of Fulton County, as a member of the Metropolitan North Georgia Water Planning District Governing Board, for the term of office beginning July 19, 2007, and ending June 29, 2010. The Honorable Kit Dunlap of Hall County, as a member of the Metropolitan North Georgia Water Planning District Governing Board, for the term of office beginning August 20, 2007, and ending June 29, 2010. The Honorable Bob Fountain of Bibb County, as a member of the Metropolitan North Georgia Water Planning District Governing Board, for the term of office beginning September 13, 2007, and ending June 29, 2010. The Honorable Birdel Jackson of Fulton County, as a member of the Metropolitan North Georgia Water Planning District Governing Board, for the term of office beginning August 21, 2007, and ending June 29, 2009. The Honorable Suzanne Sitherwood of Cobb County, as a member of the Metropolitan North Georgia Water Planning District Governing Board, for the term of office beginning August 2, 2007, and ending at June 29, 2010. The Honorable Steven Woodruff of Cherokee County, as a member of the Metropolitan North Georgia Water Planning District Governing Board, for the term of office beginning July 5, 2007, and ending at June 29, 2010. The Honorable Becky Burgess of Bibb County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning May 11, 2007, and ending July 1, 2009. The Honorable Bonnie Cleland of Chatham County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning July 5, 2007, and ending July 1, 2008. The Honorable Shane Clem of Chatham County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning May 11, 2007, and ending July 1, 2009. The Honorable J. Max Davis, Jr. of DeKalb County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning May 11, 2007, and ending July 1, 2009. WEDNESDAY, APRIL 2, 2008 3717 The Honorable Nat Hansford of Oglethorpe County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning May 11, 2007, and ending July 1, 2009. The Honorable Clinton Hobbs of Towns County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning July 5, 2007, and ending July 1, 2010. The Honorable Andy Peryam of Coweta County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning May 11, 2007, and ending July 1, 2009. The Honorable Claire DuPree Pierce of Floyd County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning May 11, 2007, and ending July 1, 2009. The Honorable Roy Roberts, Jr. of Walton County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning May 11, 2007, and ending July 1, 2009. The Honorable Penny Benton of Cherokee County, as a member of the Professional Standards Commission, for the term of office beginning March 13, 2008, and ending July 1, 2010. The Honorable Albert George II of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning March 13, 2008, and ending July 1, 2009. The Honorable Emily Jennette of Cobb County, as a member of the Professional Standards Commission, for the term of office beginning November 7, 2007, and ending July 1, 2010. The Honorable Louisa Moffitt of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning September 24, 2007, and ending July 1, 2010. The Honorable Hester Vasconcelos of Cobb County, as a member of the Professional Standards Commission, for the term of office beginning September 24, 2007, and ending July 1, 2010. The Honorable Rep. Jon Burns of Effingham County, as a member of the Rural Development Council, for the term of office beginning July 19, 2007, and ending August 4, 2009. 3718 JOURNAL OF THE SENATE The Honorable Sen. Bill Cowsert of Clarke County, as a member of the Rural Development Council, for the term of office beginning July 19, 2007, and ending August 4, 2009. The Honorable Angie Holt of Houston County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning July 19, 2007, and ending August 31, 2011. The Honorable Kim McCoy of Cobb County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning August 31, 2007, and ending August 31, 2011. The Honorable Karl Douglass of Muscogee County, as a member of the State Board of Examiners of Psychologists, for the term of office beginning July 5, 2007, and ending July 7, 2010. The Honorable Dr. Bill Doverspike, Jr. of Fulton County, as a member of the State Board of Examiners of Psychologists, for the term of office beginning January 7, 2008, and ending January 7, 2013. The Honorable Dr. Don Meck of Houston County, as a member of the State Board of Examiners of Psychologists, for the term of office beginning March 27, 2007, and ending March 27, 2012. The Honorable Dr. Carol Webb of Fulton County, as a member of the State Board of Examiners of Psychologists, for the term of office beginning March 27, 2007, and ending March 27, 2012. The Honorable Barbara Baxter of Cherokee County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning May 22, 2007, and ending December 29, 2009. The Honorable Kendyl Brock of White County, as a member of the State Board of Occupational Therapy, for the term of office beginning March 28, 2008, and ending December 31, 2010. The Honorable Kathleen Conyers of Clayton County, as a member of the State Board of Occupational Therapy, for the term of office beginning March 28, 2008, and ending December 31, 2010. The Honorable Fred Barber of Pierce County, as a member of the State Board of Pharmacy, for the term of office beginning November 1, 2007, and ending November 1, 2012. WEDNESDAY, APRIL 2, 2008 3719 The Honorable Judy Lynn Gardner of Fulton County, as a member of the State Board of Pharmacy, for the term of office beginning August 20, 2007, and ending July 1, 2012. The Honorable William L. Prather of Fannin County, as a member of the State Board of Pharmacy, for the term of office beginning August 20, 2007, and ending July 1, 2012. The Honorable Ed Strain of Habersham County, as a member of the State Board of Registration for Residential and General Contractors, for the term of office beginning July 1, 2005, and ending July 1, 2008. The Honorable Sylvia Anderson of Cobb County, as a member of the State Board of Technical and Adult Education, for the term of office beginning December 12, 2007, and ending June 30, 2012. The Honorable Don Chapman of Fulton County, as a member of the State Board of Technical and Adult Education, for the term of office beginning October 24, 2007, and ending June 30, 2012. The Honorable Mike Daniel of Clarke County, as a member of the State Board of Technical and Adult Education, for the term of office beginning October 24, 2007, and ending June 30, 2012. The Honorable Paul Holmes of Jasper County, as a member of the State Board of Technical and Adult Education, for the term of office beginning January 4, 2008, and ending June 30, 2012. The Honorable Dr. Henry Bohn of Cobb County, as a member of the State Board of Veterinary Medicine, for the term of office beginning November 7, 2007, and ending September 16, 2012. The Honorable Warren Massey of Barrow County, as a member of the State Board of Workers' Compensation, for the term of office beginning February 28, 2008, and ending January 12, 2012. The Honorable Carolyn Garcia of Cobb County, as a member of the State Children's Trust Fund Commission, for the term of office beginning July 25, 2007, and ending June 30, 2010. The Honorable James Garland of Clarke County, as a member of the State Children's Trust Fund Commission, for the term of office beginning August 2, 2007, and ending June 30, 2008. The Honorable Carol Hanna of Houston County, as a member of the State Children's 3720 JOURNAL OF THE SENATE Trust Fund Commission, for the term of office beginning August 2, 2007, and ending June 30, 2011. The Honorable Gary Johnson of Bulloch County, as a member of the State Children's Trust Fund Commission, for the term of office beginning September 13, 2007, and ending June 30, 2011. The Honorable Carole Kaczorowski of Chatham County, as a member of the State Children's Trust Fund Commission, for the term of office beginning July 25, 2007, and ending June 30, 2011. The Honorable Mark Lane of Dougherty County, as a member of the State Children's Trust Fund Commission, for the term of office beginning August 16, 2007, and ending June 30, 2011. The Honorable Linda Parker of Cherokee County, as a member of the State Children's Trust Fund Commission, for the term of office beginning July 25, 2007, and ending June 30, 2011. The Honorable Michele Smith of Harris County, as a member of the State Children's Trust Fund Commission, for the term of office beginning July 25, 2007, and ending June 30, 2010. The Honorable Sharolyn Taylor-Ward of Fulton County, as a member of the State Children's Trust Fund Commission, for the term of office beginning August 2, 2007, and ending June 30, 2011. The Honorable Julianne Thompson of Gwinnett County, as a member of the State Children's Trust Fund Commission, for the term of office beginning August 2, 2007, and ending June 30, 2011. The Honorable Sally Allen of Clarke County, as a member of the State Construction Industry Licensing Board, for the term of office beginning February 25, 2008, and ending June 30, 2011. The Honorable George Lenaeus of Carroll County, as a member of the State Construction Industry Licensing Board, for the term of office beginning February 25, 2008, and ending June 30, 2011. The Honorable Johnny Lyons of Gwinnett County, as a member of the State Construction Industry Licensing Board, for the term of office beginning February 28, 2008, and ending June 30, 2011. WEDNESDAY, APRIL 2, 2008 3721 The Honorable Paul Maushardt of Henry County, as a member of the State Construction Industry Licensing Board, for the term of office beginning March 13, 2008, and ending June 30, 2011. The Honorable Jim Poe of Gwinnett County, as a member of the State Construction Industry Licensing Board, for the term of office beginning February 28, 2008, and ending June 30, 2011. The Honorable Mitzi Smith of Cobb County, as a member of the State Construction Industry Licensing Board, for the term of office beginning February 25, 2008, and ending June 30, 2011. The Honorable Don Swords of Gwinnett County, as a member of the State Construction Industry Licensing Board, for the term of office beginning February 25, 2008, and ending June 30, 2011. The Honorable Barbara Alexander of Fulton County, as a member of the State Housing Trust Fund for the Homeless Commission, for the term of office beginning July 5, 2007, and ending November 21, 2010. The Honorable Mike Beaudreau of Gwinnett County, as a member of the State Housing Trust Fund for the Homeless Commission, for the term of office beginning February 12, 2008, and ending November 21, 2011. The Honorable Bernard Reynolds of Fulton County, as a member of the State Housing Trust Fund for the Homeless Commission, for the term of office beginning May 11, 2007, and ending November 21, 2009. The Honorable Hal Roach, as a member of the State Personnel Board, for the term of office beginning March 28, 2008, and ending January 3, 2013. Sincerely, /s/ Sonny Perdue 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: 3722 JOURNAL OF THE SENATE SB 305. By Senators Shafer of the 48th, Pearson of the 51st, Heath of the 31st, Thomas of the 54th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to revise a provision relating to the licensing of nongovernmental rescue organizations; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to revise certain provisions relating to liability of persons and entities in emergency situations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. SB 379. By Senators Johnson of the 1st, Hooks of the 14th, Meyer von Bremen of the 12th, Pearson of the 51st, Smith of the 52nd 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 prohibit the use of automatic dialing and recorded message equipment; to provide for certain exceptions; to provide for definitions; to provide requirements for disclosure of information by live operators; to provide for the time of day during which automatic dialing and recorded message equipment may be used; to provide for the issuance of permits for connecting any automatic dialing and recorded message equipment; to provide for the suspension and revocation of such permits; to provide for penalties; to provide identification requirements for any person or entity making a telephone solicitation; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 425. By Senator Grant of the 25th: A BILL to be entitled an Act to amend Chapter 9 of Title 45 of the O.C.G.A., relating to insuring and indemnification, so as to amend certain provisions pertaining to providing insurance coverage by the commissioner of administrative services; to authorize the Department of Administrative Services to establish incentive programs including differential premium rates and deductibles based on loss histories of state agencies, institutions, and authorities, and such entities participation in loss control programs; to provide for definitions; to repeal provisions relating to employee operation of state motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senators were excused for business outside the Senate Chamber: WEDNESDAY, APRIL 2, 2008 3723 Harbison of the 15th Johnson of the 1st Meyer von Bremen of the 12th The Calendar was resumed. HB 119. By Representatives Willard of the 49th, Ralston of the 7th, Lindsey of the 54th, Fleming of the 117th, Tumlin of the 38th and others: A BILL to be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials and cost of living adjustments, so as to increase the annual salaries of Supreme Court Justices, Court of Appeals Judges, and superior court judges; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Smith of the 52nd. The Senate Appropriations Committee offered the following substitute to HB 119: A BILL TO BE ENTITLED AN ACT To amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials and cost-of-living adjustments, so as to increase the annual salaries of Supreme Court Justices, Court of Appeals Judges, and superior court 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. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials and cost-of-living adjustments, is amended by revising paragraphs (18), (19), and (20) of subsection (a) as follows: "(18) Each Justice of the Supreme Court . . . . . . . . . . . . . . . . . 139,418.00 175,571.00 (19) Each Judge of the Court of Appeals . . . . . . . . . . . . . . . . . 138,556.00 174,495.00 (20) Each superior court judge . . . . . . . . . . . . . . . . . . . . . . . . . 99,862.00 126,265.00 Each superior court judge shall also receive any supplement paid to such judge by the county or counties of such judges judicial circuit as may be provided for by law. Each superior court judge shall also receive reimbursement of travel expenses as provided by law." 3724 JOURNAL OF THE SENATE SECTION 2. This Act shall become effective on July 1, 2009, provided that funds to fully fund the purposes of this Act are appropriated in an appropriations Act enacted by the General Assembly that is effective on such date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Smith of the 52nd offered the following amendment #1: Amend the Senate Appropriations Committee substitute to HB 119 by striking "cost-of iving" on line 9 on page 1 and inserting in lieu thereof "cost-of-living"; by striking "175,571.00" on line 11 on page 1 and inserting in lieu thereof "179,960.00"; by striking "174,495.00" on line 12 on page 1 and inserting in lieu thereof "178,858.00"; and by striking "126,265.00" on line 13 on page 1 and inserting in lieu thereof "129,421.00". On the adoption of the amendment, there were no objections, and the Smith amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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 N Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Y Jones E Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman WEDNESDAY, APRIL 2, 2008 3725 E Hamrick E Harbison Y Harp Y Hawkins Y Powell Y Ramsey Y Reed Y Rogers Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 1. HB 119, 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 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 Resolution of the House: HR 1246. By Representatives Richardson of the 19th, O`Neal of the 146th and Ehrhart of the 36th: A RESOLUTION proposing an amendment to the Constitution so as to provide for tax relief from ad valorem property taxes; to provide for a short title; to authorize additional tax relief including the elimination of ad valorem property taxes for educational purposes; to provide for optional homeowners incentive adjustments; to authorize the limited amending of conflicting local constitutional amendments; to provide for the automatic repeal of The Property Tax Reform Amendment unless specifically continued by general law; to provide for the revival and restoration of certain prior general and local constitutional provisions; to provide for the repeal of such provisions; to provide for procedures; to provide for effective dates; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The Speaker has appointed on the part of the House, Representatives O`Neal of the 146th, Mills of the 25th, and Morris of the 155th. Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: 3726 JOURNAL OF THE SENATE SB 1. By Senators Johnson of the 1st, Williams of the 19th, Hamrick of the 30th and Wiles of the 37th: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to minors generally, so as to provide that it shall be unlawful for persons required to register as sexual offenders to photograph a minor; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has disagreed to the Senate amendment to the following Bill of the House: HB 958. By Representatives Rice of the 51st, Lindsey of the 54th, Mumford of the 95th, Coleman of the 97th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to clarify the appeal procedure for certain judgments; to provide for additional information in statements of claim; to revise the procedures for applying to vacate a judgment; to revise the requirements for use of postjudgment interrogatories; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has disagreed to the Senate substitute to the following Bill of the House: HB 1246. By Representatives Peake of the 137th, Royal of the 171st and Parrish of the 156th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding state income taxes, so as to change certain provisions regarding income tax credits for certain business enterprises by including broadcasting; to change certain provisions regarding income tax credits for business enterprises in less developed areas by including broadcasting; to change certain provisions regarding income tax credits for qualified research expenses by including broadcasting; to change certain provisions regarding alternative tax credits for base year port traffic increases by including broadcasting; to provide an effective date; to provide for applicability; 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 WEDNESDAY, APRIL 2, 2008 3727 Senate on the following Bill of the House: HB 1027. By Representatives Rice of the 51st, Roberts of the 154th, Bearden of the 68th and Floyd of the 147th: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to persons completing defensive driving course or alcohol or drug program, so as to provide for approval of classroom, Internet, or other technology based driver improvement clinics curriculums; to provide for certificates of completion; to delete references to advanced defensive driving courses; 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 Rice of the 51st, Powell of the 29th, and May of the 111th. Mr. President: The House insists on its position in substituting the following Bills of the Senate: SB 154. By Senators Murphy of the 27th, Pearson of the 51st, Johnson of the 1st, Rogers of the 21st, Shafer of the 48th and others: A BILL to be entitled an Act to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable only to municipal corporations, so as to provide that municipal corporations and newly incorporated municipalities enter into certain agreements with solid waste collection firms providing services for the territory annexed or incorporated; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 300. By Senators Rogers of the 21st and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, so as to provide for the creation of and maintenance by the department of a website which provides public access to certain state expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Audits and Accounts and the Department of Revenue; to provide for related matters; to repeal conflicting laws; and for other purposes. 3728 JOURNAL OF THE SENATE SB 429. By Senators Bulloch of the 11th, Goggans of the 7th, Douglas of the 17th, Heath of the 31st and Hudgens of the 47th: A BILL to be entitled an Act to provide for enforcement of state laws pertaining to functions assigned to the Department of Agriculture; to provide for certain other enforcement powers of department employees; to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to redesignate and change certain provisions relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally; to repeal conflicting laws; and for other purposes. The House has disagreed to the Senate substitute to the following Bill of the House: HB 926. By Representatives O`Neal of the 146th and Rogers of the 21st: A BILL to be entitled an Act to amend Code Section 48-1-2 of the Official Code of Georgia Annotated, relating to definitions regarding revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to provide for an effective date; to provide 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 1280. By Representatives Stephens of the 164th, Bearden of the 68th, Shaw of the 176th, Roberts of the 154th and May of the 111th: 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 state licensing of regional economic assistance projects to sell certain alcoholic beverages; to provide requirements and conditions of such license; to provide for powers, duties, and authority of the state revenue commissioner; to amend Article 8 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to encouragement of state agencies to give certified projects priority in licensing and processing grants and authorization for sale of alcoholic beverages, so as to move the provisions relating to the sales of certain alcoholic beverages by regional economic assistance projects to Title 3 of the Official Code of Georgia Annotated; to provide for related matters; to repeal conflicting laws; and for other purposes. WEDNESDAY, APRIL 2, 2008 3729 The House has disagreed to the Senate amendments to the following Bill of the House: HB 1116. By Representative Barnard of the 166th: 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 modify certain provisions relating to the "Probation Management Act of 2004"; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Mr. President: The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House: HB 68. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to applicability of the Coastal Marshlands Protection Act, so as to provide an exemption for a single private dock built by the owners of two or three adjoining lots; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Barnard of the 166th, Lane of the 167th, and Stephens of the 164th. The House adheres to its position in insisting on its amendments, 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 345. By Senators Harbison of the 15th, Douglas of the 17th, Moody of the 56th, Hooks of the 14th and Seay of the 34th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to adopt the Interstate Compact on Educational Opportunity for Military Children; to create the Interstate Commission on Educational Opportunity for Military Children; to provide for the members of the interstate commission and their service; provide for an executive committee and its membership and duties; to provide for the powers, duties, organization, and operations of the commission; to provide for oversight, enforcement, and dispute resolution; to provide for financing of the interstate commission; to provide for member 3730 JOURNAL OF THE SENATE states, effective date, and amendments; to provide for withdrawal and dissolution; to provide for binding effect and other laws; 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 Forster of the 3rd, Smith of the 131st, and McKillip of the 115th. The House insists on its position in disagreeing to the Senate amendment to the House amendment 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 1244. By Representatives Martin of the 47th and Drenner of the 86th: A BILL to be entitled an Act to amend Code Section 48-7-29.11 of the Official Code of Georgia Annotated, relating to income tax credits for teleworking, so as to extend the period of time for which such credits are granted; to change the amount of certain credits; to change certain reporting requirements; to provide an effective date; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Martin of the 47th, Jones of the 46th, and Porter of the 143rd. The Calendar was resumed. HB 257. By Representatives Yates of the 73rd and Knight of the 126th: 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 change certain provisions relating to carrying deadly weapons to or at public gatherings; to provide for constables to carry pistols in publicly owned or operated buildings; to exempt constables from the prohibition of carrying weapons within school safety zones, at school functions, or on school property; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Douglas of the 17th. Senators Carter of the 13th and Cowsert of the 46th offered the following amendment #1: Amend HB 257 by striking lines 15 through 17 of page 1 and inserting in lieu thereof the following: (2) Law enforcement officers, peace officers retired from state, local, or federal law WEDNESDAY, APRIL 2, 2008 3731 enforcement agencies, judges, magistrates, constables, solicitors-general, and district attorneys may carry pistols in publicly owned or operated buildings; provided, however, that a courthouse security plan adopted in accordance with paragraph (10) of subsection (a) of Code Section 15-16-10 may prohibit the carrying of a pistol." On the adoption of the amendment, there were no objections, and the Carter, Cowsert amendment #1 was adopted. Senators Douglas of the 17th, Johnson of the 1st, Williams of the 19th, Chance of the 16th, Mullis of the 53rd and others offered the following amendment #2: Amend HB 257 by inserting after "so as" on line 2 on page 1 "to change certain provisions regarding the transportation and carrying of firearms;"; by inserting after "subsection (c)" on line 11 on page 1 "and adding new subsections to read"; and by inserting after line 17 on page 1 the following: "(e) A person licensed or permitted to carry a firearm by this part shall be permitted to carry such firearm, subject to the limitations of this part, in public transportation notwithstanding Code Sections 16-12-122 through 16-12-127; provided, however, that a person shall not carry a firearm into a place prohibited by federal law. (f) A person licensed or permitted to carry a firearm by this part shall not consume alcoholic beverages in a restaurant or other eating establishment while carrying a firearm. Any person violating this subsection shall be guilty of a misdemeanor." On the adoption of the amendment, there were no objections, and the Douglas et al. amendment #2 was adopted. Senators Fort of the 39th, Reed of the 35th, Seay of the 34th and Butler of the 55th offered the following amendment #3: Amend HB 257 (LC 29 2581) by striking line 6 of page 1 and inserting in lieu thereof the following: property; to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to provide for legislative findings; to require institutions of the University System of Georgia to establish certain emergency procedures; to set minimum requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. By inserting between line 23 of page 1 and line 1 of page 2 the following: SECTION 3. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by adding a new article to read as follows: 3732 JOURNAL OF THE SENATE "ARTICLE 13 20-3-670. The General Assembly declares that in light of the tragic shootings occurring on certain campuses in the United States there is a need and a duty to ensure that the member institutions of the University System of Georgia have an emergency plan in place to effectively respond to any shooting incident that could occur on its campus. 20-3-671. (a) Every member institution of the University System of Georgia shall develop an emergency response plan to address any shooting crisis on such institutions campus. (b) A plan developed pursuant to this Code section shall at a minimum include the following: (1) A communication plan between campus police and the institutions administration after a shooting has occurred on campus; (2) A mechanism notifying the institutions student body that a shooting has occurred on campus; (3) A plan dealing with the psychological trauma that may result to the students, faculty, and employees of the institution subsequent to a shooting on campus; and (4) A recovery plan to address the structural and emotional damage caused by a shooting on campus. (c) A plan developed pursuant to this Code section shall be submitted to the Georgia Bureau of Investigation for review and approval." By redesignating Section 3 as Section 4. On the adoption of the amendment, the President asked for unanimous consent. Senator Douglas of the 17th objected. 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: Y Adelman N Balfour Y Brown N Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas N Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Moody Schaefer Y Seabaugh Y Seay Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R WEDNESDAY, APRIL 2, 2008 3733 Y Fort Y Goggans N Golden N Grant Y Hamrick E Harbison Y Harp Y Hawkins Y Mullis Y Murphy Y Orrock N Pearson Y Powell Y Ramsey Y Reed N Rogers Y Thompson,C Y Thompson,S N Tolleson Y Unterman N Weber Y Wiles Y Williams On the adoption of the amendment, the yeas were 41, nays 9, and the Fort et al. amendment #3 was adopted. Senator Smith of the 52nd moved that the Senate reconsider its action in adopting the Fort et al. amendment #3. Senator Reed of the 35th 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 Carter Y Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans Golden Y Grant Y Hamrick E Harbison N Harp Y Hawkins Y Heath N Henson C Hill,Jack N Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the motion, the yeas were 33, nays 20 the motion prevailed and the Senate reconsidered its action in adopting the Fort et al. amendment #3 to HB 257. Senator Williams of the 19th moved that HB 257 be placed on the Table. 3734 JOURNAL OF THE SENATE On the motion the yeas were 38, nays 0; the motion prevailed, and HB 257 was placed on the Table. The following Senators were excused for business outside the Senate Chamber: Balfour of the 9th Heath of the 31st Stoner of the 6th HB 602. By Representatives Cole of the 125th, Roberts of the 154th and Smith of the 129th: A BILL to be entitled an Act to amend Code Section 20-2-505 of the Official Code of Georgia Annotated, relating to the prohibition of a school board member from selling school supplies or equipment to county board and a penalty, so as to provide an exception to such prohibition; 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: Y Adelman C Balfour N Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Heath N Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams WEDNESDAY, APRIL 2, 2008 3735 On the passage of the bill, the yeas were 49, nays 2. HB 602, 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 1115. By Representatives Williams of the 165th, Smyre of the 132nd, Brooks of the 63rd, McCall of the 30th, Murphy of the 120th and others: A RESOLUTION urging the Martin Luther King, Jr., National Memorial Project Foundation to use granite from Georgia; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolutions of the Senate: SR 750. By Senators Pearson of the 51st, Mullis of the 53rd, Rogers of the 21st, Hill of the 32nd, Seay of the 34th and others: A RESOLUTION urging the United States Department of Transportation to reconsider its mission and purpose; and for other purposes. SR 1047. By Senators Pearson of the 51st, Mullis of the 53rd, Seay of the 34th, Stoner of the 6th and Reed of the 35th: A RESOLUTION urging the Georgia Department of Transportation to consolidate its county barns and privatize road maintenance functions; and for other purposes. SR 1060. By Senators Mullis of the 53rd, Thomas of the 54th, Tolleson of the 20th, Stoner of the 6th and Pearson of the 51st: A RESOLUTION urging the commissioner of the Department of Transportation to provide a series of reports to the General Assembly; and for other purposes. 3736 JOURNAL OF THE SENATE SR 1063. By Senator Johnson of the 1st: A RESOLUTION urging the Georgia Environmental Protection Division to implement a new water quality standard for the Savannah Harbor based on sound science that is economically achievable; and for other purposes. The House has adopted, by substitute, by the requisite constitutional majority the following Resolution of the Senate: SR 781. By Senators Mullis of the 53rd, Williams of the 19th, Stoner of the 6th, Pearson of the 51st and Seay of the 34th: A RESOLUTION urging the Georgia Department of Transportation to develop a state-wide strategic transportation plan and to take certain other actions; and for other purposes. The following bill was taken up to consider House action thereto: HB 1027. By Representatives Rice of the 51st, Roberts of the 154th, Bearden of the 68th and Floyd of the 147th: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to persons completing defensive driving course or alcohol or drug program, so as to provide for approval of classroom, Internet, or other technology based driver improvement clinics curriculums; to provide for certificates of completion; to delete references to advanced defensive driving courses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Bulloch of the 11th asked unanimous consent that the Senate adhere to its substitute to HB 1027 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, Carter of the 13th and Mullis of the 53rd. Senator Golden of the 8th was excused for business outside the Senate Chamber. The Calendar was resumed. HB 887. By Representative Butler of the 18th: A BILL to be entitled an Act to amend Chapter 13 of Title 10 of the Official Code of Georgia Annotated, relating to tobacco product manufacturers, so as to WEDNESDAY, APRIL 2, 2008 3737 provide for the creation of the Tobacco Prevention Master Settlement Agreement Oversight Committee; to provide for its composition, powers, and duties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. The Senate Appropriations Committee offered the following substitute to HB 887: A BILL TO BE ENTITLED AN ACT To amend Chapter 13 of Title 10 of the Official Code of Georgia Annotated, relating to tobacco product manufacturers, so as to provide for the creation of the Master Settlement Agreements Advisory Committee on Tobacco Use Prevention and Control Programs; to provide for its composition, powers, and duties; 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 13 of Title 10 of the Official Code of Georgia Annotated, relating to tobacco product manufacturers, is amended by adding a new Code section to read as follows: "10-13-5. (a) There is created the Master Settlement Agreements Advisory Committee on Tobacco Use Prevention and Control Programs within the Department of Human Resources to be composed of the following: (1) Two citizen members appointed by the Governor with some type of expertise in the field of tobacco prevention and education or smoking cessation; (2) Two members of the House of Representatives appointed by the Speaker of the House; (3) Two members of the Senate appointed by the Lieutenant Governor; (4) A tobacco prevention expert from the Department of Human Resources appointed by the commissioner of human resources; (5) A tobacco prevention expert from the Department of Community Health appointed by the commissioner of community health; (6) The following additional members appointed by the Governor: (A) A tobacco prevention expert from the federal Centers for Disease Control and Prevention; (B) A representative from a school of public health from a university within the State of Georgia; (C) A representative from the American Cancer Society; (D) A representative from the American Lung Association; 3738 JOURNAL OF THE SENATE (E) A representative from the American Heart Association; (F) A representative from the Medical Association of Georgia; and (G) A representative from the Georgia State Medical Association. (b) Members appointed by the Governor, the Speaker of the House of Representatives, and the Lieutenant Governor shall be appointed to terms of two years each. However, for the purpose of providing staggered terms, of the Governors initial appointments, four members shall be appointed for two-year terms and five members shall be appointed for four-year terms. (c) Any vacancy on the advisory committee shall be filled in the same manner as the original appointment, and any member appointed to fill a vacancy occurring because of death, resignation, or ineligibility for membership shall serve only for the unexpired term of the members predecessor. A member shall be eligible for reappointment. (d) Members of the advisory committee that serve in the Georgia General Assembly 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. (e) The advisory committee shall meet at least quarterly and upon the call of the chairperson. (f) The advisory committee shall: (1) Determine the most effective means of establishing clear and meaningful lines of communication between the advisory committee and the public and private sectors in order to ensure that the process of developing and implementing the state tobacco control strategy has afforded a broad spectrum of the public and private sectors an opportunity to comment and make recommendations; (2) Review and make recommendations to the Governor and the legislature on funding tobacco prevention and education programs and services; the advisory committee may recommend the creation of a separate appropriations category for funding services delivered or procured by applicable state agencies and may recommend the use of performance based contracting; (3) Review various tobacco prevention and education programs and recommend, where appropriate, measures that are sufficient to determine program outcomes; the advisory committee shall review different methodologies for evaluating programs and determine whether programs within different state agencies have common outcomes; (4) Review the tobacco control strategies and programs of, and efforts by, other states and the federal government and compile the relevant research with emphasis given to the federal Centers for Disease Control and Preventions Best Practices for Tobacco Control, as they may be periodically amended; (5) Recommend to the Governor and the legislature applied research projects that would use research capabilities within this state, including, but not limited to, the resources of institutions of the board of regents, for the purposes of achieving improved outcomes and making better-informed strategic budgetary decisions within the budget; (6) Recommend to the Governor and the legislature changes in law which would WEDNESDAY, APRIL 2, 2008 3739 remove barriers to, or enhance the implementation of, this states tobacco prevention strategy; (7) Make recommendations to the Governor and the legislature on the need for public information campaigns to be conducted in this state to limit tobacco consumption; (8) Encourage implementation of a coordinated, integrated, and multidisciplinary response to the tobacco use problem in this state, with special attention given to creating partnerships within and between the public and private sectors, and to the coordinated, supported, and integrated delivery of multiple-system services for tobacco users, including a multiagency team approach to tobacco prevention and education; and (9) Review the original Master Settlement Agreement to assess Georgias continued commitment to tobacco prevention programs and the treatment of smoking related illnesses. (g) The advisory committee shall submit to the Governor, the Speaker of the House of Representatives, and the Lieutenant Governor, by September 1 of each year, a report which contains a summary of the work of the committee during that year and the recommendations required pursuant to subsection (f) of this Code section. Interim reports may be submitted at the discretion of the chairperson of the advisory committee." 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 Unterman of the 45th offered the following amendment #1: Amend the Senate Appropriations Committee substitute to HB 887 (LC 33 2609S) by inserting after the first semicolon on line 5 of page 1 the following: to provide for automatic repeal; By striking lines 5 through 18 of page 3 and inserting in lieu thereof the following: (5) Recommend to the Governor and the legislature changes in law which would remove barriers to, or enhance the implementation of, this states tobacco prevention strategy; (6) Make recommendations to the Governor and the legislature on the need for public information campaigns to be conducted in this state to limit tobacco consumption; (7) Encourage implementation of a coordinated, integrated, and multidisciplinary response to the tobacco use problem in this state, with special attention given to creating partnerships within and between the public and private sectors, and to the 3740 JOURNAL OF THE SENATE coordinated, supported, and integrated delivery of multiple-system services for tobacco users, including a multiagency team approach to tobacco prevention and education; and (8) Review the original Master Settlement Agreement to assess Georgias continued By striking the quotation marks at the end of line 25 of page 3 and inserting following such line the following: (h) This Code section shall be automatically repealed on July 1, 2010." On the adoption of the amendment, there were no objections, and the Unterman amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins E Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. HB 887, having received the requisite constitutional majority, was passed by substitute. WEDNESDAY, APRIL 2, 2008 3741 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 480. By Senators Williams of the 19th, Fort of the 39th, Tate of the 38th and Reed of the 35th: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to change certain definitions; to repeal conflicting laws; and for other purposes. SB 492. By Senators Bulloch of the 11th and Harp of the 29th: A BILL to be entitled an Act to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to add an additional accrediting entity to the definition of the term "eligible high school"; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 529. By Senators Grant of the 25th, Harp of the 29th, Meyer von Bremen of the 12th, Unterman of the 45th and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the O.C.G.A., relating to the uniform rules of the road, so as to provide for an offense of homicide by vehicle where a person has committed the offense of felony hit and run and the accident therefrom resulted in the death of the person; to provide that a person who fails to stop and render aid under certain circumstances has committed the offense of hit and run; to amend Article 1 of Chapter 7 of Title 52 of the O.C.G.A., relating to general provisions pertaining to the registration, operation, and sale of watercraft, so as to provide for an offense of homicide by vessel where a person has operated a vessel in such a manner as to cause a collision or accident and knowingly fails to stop and attempt to render assistance; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. Senator Douglas of the 17th was excused for business outside the Senate Chamber. 3742 JOURNAL OF THE SENATE The Calendar was resumed. HB 950. By Representatives Powell of the 29th, Benton of the 31st, England of the 108th, Jamieson of the 28th, Cox of the 102nd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for registration and licensing of assembled motor vehicles and motorcycles; to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the issuance of certificates of title to owners of assembled motor vehicles and motorcycles; 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 Senate Public Safety Committee offered the following substitute to HB 950: 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 definitions relative to motor carriers; to provide for exemptions from the requirement of space on license plates for county decals; to provide for commissioners to promulgate regulations regarding registration of vehicles; to provide for annual license fees; to provide for registration and licensing of assembled motor vehicles and motorcycles; to provide for the issuance of certificates of title to owners of assembled motor vehicles and motorcycles; to provide for creation of security interests; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-2-9, relating to the exemption of certain special license plates from the county name decal requirement, as follows: "40-2-9. Any metal five-year special, distinctive, or prestige license plate, except those provided for in Code Section Sections 40-2-61, Code Section 40-2-62, 40-2-74, and Code Section 40-2-82, and 40-2-85.1 or as otherwise expressly provided in this chapter, shall contain a space for a county name decal;. and the The provisions of this chapter relative WEDNESDAY, APRIL 2, 2008 3743 to county name decals shall be applicable to all such license plates." SECTION 2. Said title is further amended by adding a new Code section to read as follows: "40-2-11. (a) The commissioner shall be responsible for the administration of this chapter and may employ such clerical assistants and agents as may be necessary from time to time to enable the commissioner to speedily and efficiently perform the duties conferred on the commissioner in this chapter. The commissioner shall be authorized to delegate any administrative responsibility for retention of applications, certificates of registration, and any other forms or documents relating to the application and registration process to the appropriate authorized tag agent for the county in which the application is made or the registration is issued. (b) The commissioner shall prescribe and provide suitable forms of applications and all other notices and forms necessary to administer this chapter. (c) The commissioner may: (1) Perform any investigation necessary to procure information required to carry out this chapter; and (2) Adopt and enforce reasonable rules and regulations to administer this chapter." SECTION 3. Said title is further amended by revising Code Section 40-2-27, relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles, by adding a new subsection to read as follows: "(d) Before a certificate of registration is issued for an assembled motor vehicle or motorcycle, such assembled motor vehicle or motorcycle shall have been issued a certificate of title in Georgia and shall comply with the provisions of Code Section 403-30.1." SECTION 4. Said title is further amended by revising subparagraphs (a)(3)(A) and (a)(10)(A) and paragraph (16) of subsection (a) of Code Section 40-2-151, relating to annual license fees for operation of vehicles, as follows: "(3)(A) For each private commercial motor vehicle in accordance with the owner declared gross vehicle weight rating, as follows: (i) 10,001 lbs. to 14,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 (ii)(i) 14,000 to 18,000 Less than 18,001 lbs. . . . . . . . . . . . . . . . . . . . . . . 25.00 (iii)(ii) 18,001 to 26,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38.00 (iv)(iii) 26,001 to 30,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45.00 3744 JOURNAL OF THE SENATE (v)(iv) 30,001 to 36,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70.00 (vi)(v) 36,001 to 44,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115.00 (vii)(vi) 44,001 to 54,999 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190.00 (viii)(vii) 55,000 to 63,280 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300.00 (ix)(viii) 63,281 lbs. to maximum permitted . . . . . . . . . . . . . . . . . . . . . . . 400.00" "(10)(A) For each commercial motor vehicle operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight rating, as follows: (i) 10,001 lbs. to 14,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 (ii)(i) 14,000 to 18,000 Less than 18,001 lbs. . . . . . . . . . . . . . . . . . . . . . . 25.00 (iii)(ii) 18,001 to 26,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38.00 (iv)(iii) 26,001 to 30,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85.00 (v)(iv) 30,001 to 36,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130.00 (vi)(v) 36,001 to 44,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215.00 (vii)(vi) 44,001 to 54,999 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365.00 (viii)(vii) 55,000 to 63,280 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 575.00 (ix)(viii) 63,281 lbs. to maximum permitted . . . . . . . . . . . . . . . . . . . . . . . 725.00" "(16) Heavy earth-moving machinery, fertilizer application equipment, and crop protection chemical application equipment, not including trucks, which are used primarily off the highway shall not be required to be licensed under this article;" SECTION 5. Said title is further amended by revising subsections (a) and (b) of Code Section 40-2152, relating to annual license fees for operation of apportioned vehicles, as follows: "(a) Except as otherwise provided for in this Code section, the annual fee for all apportionable vehicles not operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight or combined vehicle gross weight shall be as follows: (1) 26,001 to 30,000 Less than 30,001 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 45.00 (2) 30,001 to 36,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70.00 (3) 36,001 to 44,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115.00 WEDNESDAY, APRIL 2, 2008 3745 (4) 44,001 to 54,999 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190.00 (5) 55,000 to 63,280 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300.00 (6) 63,281 lbs. to maximum permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400.00 (b) Except as otherwise provided for in this Code section, the annual fee for all apportionable vehicles operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight or combined vehicle gross weight shall be as follows: (1) 26,001 to 30,000 Less than 30,001 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 85.00 (2) 30,001 to 36,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130.00 (3) 36,001 to 44,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215.00 (4) 44,001 to 54,999 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365.00 (5) 55,000 to 63,280 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 575.00 (6) 63,281 lbs. to maximum permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 725.00" SECTION 6. Said title is further amended by adding a new Code section to read as follows: "40-3-30.1. (a) As used in this Code section and in Code Section 40-2-27, the term: (1) 'Assembled motor vehicle or motorcycle' or 'kit motor vehicle or motorcycle' means any motor vehicle or motorcycle that is: (A) Manufactured from a manufacturers kit or manufacturers fabricated parts, including replicas and original designs: (i) By an owner; (ii) At the request of the owner by a third-party manufacturer of motor vehicles or motorcycles; and (iii) Such manufacturer is not manufacturing and testing in accordance with federal safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards; (B) A new vehicle and consists of a prefabricated body, chassis, and drive train; (C) Handmade and not mass produced by any manufacturer for retail sale; or (D) Not otherwise excluded from emission requirements and is in compliance with Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles. (2) 'Unconventional motor vehicle or motorcycle' means any motor vehicle or motorcycle that is manufactured, including, but not limited to, all-terrain vehicles, offroad vehicles, motorized carts, motor driven cycles, and mopeds, and that is not in compliance with the following: 3746 JOURNAL OF THE SENATE (A) Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles; (B) Applicable federal motor vehicle safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards; or (C) Applicable federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, the 'Clean Air Act,' as amended. (b) In addition to the requirements contained in Code Section 40-3-30, prior to the issuance of a certificate of title to the owner of an assembled motor vehicle or motorcycle, the owner shall cause such assembled motor vehicle or motorcycle to be inspected in order to establish: (1) The existence of a verifiable Manufacturers Certificate of Origin (MCO) or other verifiable documentation of purchase of all major components; and (2) That such assembled motor vehicle or motorcycle complies with: (A) Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles; and (B) If applicable, federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, the 'Clean Air Act,' as amended. (c) The inspection conducted under subsection (b) of this Code section shall only be for the purpose of establishing that such assembled motor vehicle or motorcycle is eligible to receive a certificate of title. (d) The department shall be authorized to charge an inspection fee. (e) Unconventional motor vehicles or motorcycles shall not be titled or registered." SECTION 7. Said title is further amended by revising paragraph (2) of Code Section 40-3-51, relating to creation of security interest in motor vehicles by the owner, as follows: "(2) The security interest holder shall immediately cause the certificate of title and application and the required fee to be mailed or delivered to the commissioner or the commissioners appropriate authorized county tag agent within 90 30 days of the date of creation of the security interest or lien. If the certificate of title and application and the required fee are not mailed or delivered within such time, the lien or security interest holder shall be required to pay a $10.00 penalty in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner or the authorized county tag agent for the issuance of title. If the documents are not properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner or authorized county tag agent. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents, if the documents have not been resubmitted as required under this paragraph; and" WEDNESDAY, APRIL 2, 2008 3747 SECTION 8. Sections 4 and 5 of this Act shall become effective January 1, 2009. Section 7 of this Act shall become effective July 1, 2009. The remaining sections of this Act shall become effective upon this Acts approval by the Governor or upon this Act becoming law without such approval. 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 Senate Public Safety Committee substitute to HB 950 (LC 34 1866S) by inserting on line 7 of page 1 following "interests;" the following: to change nomenclature from "safety belt" to "life belt"; By inserting following line 34 of page 5 the following: SECTION 7.1. Said title is further amended by adding a new paragraph to Code Section 40-1-1, relating to definitions, to read as follows: "(24.1) 'Life belt' means that passive restraining device in motor vehicles formerly known as 'seat belts' or 'safety belts.'" SECTION 7.2. Said title is further amended by revising subsection (a), subparagraph (b)(1)(D), and subsection (d) of Code Section 40-8-76, relating to safety belts required as equipment and safety restraints for children four years of age and younger, as follows: "(a) No new private passenger automobile manufactured after January 1, 1964, shall be sold to the general public in this state unless such automobile shall be equipped with two sets of safety life belts for the front seat thereof. The safety life belts may be installed by the manufacturer prior to delivery to the dealer, or they may be installed by the dealer." "(D) The provisions of this paragraph shall not apply when the childs parent or guardian either obtains a physicians written statement that a physical or medical condition of the child prevents placing or restraining him or her in the manner required by this paragraph. If the parent or guardian can show the childs height is over 4 feet and 9 inches, such child shall be restrained in a safety life belt as required in Code Section 40-8-76.1." "(d) The provisions of this Code section shall not apply to buses, as defined in paragraph (7) of Code Section 40-1-1, used in the transport of children over four years of age until July 1, 2007, provided that the bus is operated by a licensed or commissioned child care facility, has a current annual transportation safety inspection certificate as required by the appropriate licensing body, and has evidence of being 3748 JOURNAL OF THE SENATE inspected for use by a child care facility. If the bus is not a school bus, as defined in paragraph (55) of Code Section 40-1-1, or a multifunction school activities bus, as defined in 49 C.F.R. 571.3(B), each child over four years of age and under six years of age shall be properly restrained by a safety life belt. Multifunction school activities buses, as defined in 49 C.F.R. 571.3(B), shall not be required to transport children five years of age in a child passenger restraining system." SECTION 7.3. Said title is further amended by revising subsection (b); paragraphs (2), (3), and (6) of subsection (c); subsection (d); and paragraphs (2) and (3) of subsection (e) of Code Section 40-8-76.1, relating to use of safety belts in passenger vehicles, as follows: "(b) Each occupant of the front seat of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety life belt approved under Federal Motor Vehicle Safety Standard 208." "(2) A driver or passenger possessing a written statement from a physician that such person is unable, for medical or physical reasons, to wear a seat safety life belt; (3) A driver or passenger possessing an official certificate or license endorsement issued by the appropriate agency in another state or country indicating that the driver is unable for medical, physical, or other valid reasons to wear a seat safety life belt;" "(6) A passenger vehicle which is not required to be equipped with seat safety life belts under federal law;" "(d) The failure of an occupant of a motor vehicle to wear a seat safety life belt in any seat of a motor vehicle which has a seat safety life belt or belts shall not be considered evidence of negligence or causation, shall not otherwise be considered by the finder of fact on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not be evidence used to diminish any recovery for damages arising out of the ownership, maintenance, occupancy, or operation of a motor vehicle." "(2) A person failing to comply with the requirements of subsection (b) of this Code section shall be guilty of the offense of failure to wear a seat safety life belt and, upon conviction thereof, may be fined not more than $15.00; but, the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. The court imposing such fine shall forward a record of the disposition of the case of failure to wear a seat safety life belt to the Department of Driver Services. (3) Each minor six years of age or older who is an occupant of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety life belt approved under Federal Motor Vehicle Safety Standard 208. In any case where a minor passenger six years of age or older fails to comply with the requirements of this paragraph, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a seat safety life belt on a minor and, upon conviction thereof, may be fined not more than $25.00. The WEDNESDAY, APRIL 2, 2008 3749 court imposing such a fine shall forward a record of the court disposition of the case of failure to secure a seat safety life belt on a minor to the Department of Driver Services." Senators Thomas of the 54th, Moody of the 56th, Hawkins of the 49th, Seay of the 34th, Grant of the 25th and others offered the following amendment #2: Amend the Senate committee substitute to HB 950 by inserting after "interests;" on line 7 of page 1 the following: "to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to eliminate certain exceptions to the required use of safety belts; " By inserting a new Section 7A on page 5 between lines 34 and 35 to read as follows: "SECTION 7A. Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, is amended by revising subsection (a) as follows: "(a) As used in this Code section, the term 'passenger vehicle' means every motor vehicle, including, but not limited to, pickup trucks, vans, or sport utility vehicles, designed to carry ten passengers or less fewer and used for the transportation of persons. Such term shall not include motorcycles, motor driven cycles, or farm vehicles equipped for and used primarily for off-road agricultural use but shall not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped for off-road use, provided that the term 'passenger vehicle' includes any sport utility vehicle and also includes pickup trucks for any occupant who is under 18 years of age." Senator Hudgens of the 47th requested a ruling of the Chair as to the germaneness of the amendments. The President ruled the amendments not germane. On the adoption of the substitute, there were no objections, 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 C Balfour Y Brown E Heath Y Henson C Hill,Jack Y Schaefer Y Seabaugh Y Seay 3750 JOURNAL OF THE SENATE Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport E Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. HB 950, having received the requisite constitutional majority, was passed by substitute. HB 1066. By Representatives England of the 108th, Walker of the 107th, Neal of the 1st, Benton of the 31st and Mills of the 25th: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to regulation of alcoholic beverages generally, so as to prohibit certain conduct regarding vaporized forms of alcoholic beverages produced by alcohol vaporizing devices; to define certain terms; to provide for exceptions; to provide punishments for violations; 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 Butler E Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Schaefer Y Seabaugh Y Seay Shafer,D Smith WEDNESDAY, APRIL 2, 2008 3751 Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Staton Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. HB 1066, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: HB 68. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to applicability of the Coastal Marshlands Protection Act, so as to provide an exemption for a single private dock built by the owners of two or three adjoining lots; to repeal conflicting laws; and for other purposes. Senator Williams of the 19th asked unanimous consent that the Senate adhere to its substitute to HB 68 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Johnson of the 1st, Williams of the 19th and Tolleson of the 20th. At 5:34 p.m. the President announced that the Senate would stand in recess until 6:00 p.m. At 6:00 p.m. the President called the Senate to order. Senator Thompson of the 5th was excused for business outside the Senate Chamber. The Calendar was resumed. 3752 JOURNAL OF THE SENATE HB 1086. By Representatives Ralston of the 7th, Lindsey of the 54th, Lane of the 167th, Knox of the 24th, Hatfield of the 177th 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 eliminate the maximum per diem allowed to court bailiffs; to eliminate the governing authorities approval of increases in compensation for court bailiffs; to provide for related matters; 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 Bulloch Y Butler Carter Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans E Golden Y Grant Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Shafer,D Y Smith Staton Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 44, nays 0. HB 1086, having received the requisite constitutional majority, was passed. WEDNESDAY, APRIL 2, 2008 3753 HB 1098. By Representative Reese of the 98th: 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 require election superintendents to provide notice to the Secretary of State of certain primaries and elections; to revise certain duties of election superintendents; to provide that certain returns from primaries and elections shall be provided to the Secretary of State; to provide that county and municipal election superintendents complete, file, and transmit certain returns; to provide for related matters; 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 Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans E Golden Y Grant Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. HB 1098, having received the requisite constitutional majority, was passed. 3754 JOURNAL OF THE SENATE 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 Bills of the Senate: SB 181. By Senator Carter of the 13th: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to provide for the imposition of a 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. SB 327. By Senators Heath of the 31st, Schaefer of the 50th and Murphy of the 27th: 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 no person shall become or again become a member of such retirement system on or after July 1, 2008; to provide a short title; to provide that such employees shall have accounts in the state deferred compensation plan; to provide for an employer contribution; to provide that such employees shall not be entitled to participate in any other public retirement system; to provide for rules and regulations; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 437. By Senators Mullis of the 53rd, Stoner of the 6th, Powell of the 23rd, Thomas of the 54th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and WEDNESDAY, APRIL 2, 2008 3755 licensing of motor vehicles, so as to provide for registration and licensing of assembled motor vehicles and motorcycles; to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the issuance of certificates of title to owners of assembled motor vehicles and motorcycles; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 470. 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, so as to provide a short title; to provide for the submission of an annual statement of actuarial opinion by an appointed actuary by each property and casualty insurance company licensed to do business in this state; to provide for exceptions; to provide for the submission of supporting documentation; to provide for the confidentiality of certain documents, materials, and other information; to authorize disclosure under certain conditions; to provide for certain immunities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Calendar was resumed. HB 1112. By Representatives Geisinger of the 48th, Scott of the 153rd, Burns of the 157th, Oliver of the 83rd, Hamilton of the 23rd and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to amend provisions relating to the completion of a certification program by municipal election superintendents; to provide for certain election officials to be certified by a certain date; to provide for a possible waiver of the certification requirement for a municipality in certain circumstances; to provide for a special election for a United States congressional representative in the event of an extraordinary circumstance where there are more than 100 vacancies in the United States House of Representatives; to provide for filing notice of candidacy in the event of extraordinary circumstances; to revise certain provisions relating to the return of qualifying fees to candidates; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Wiles of the 37th. The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1112: 3756 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for meetings of the State Election Board under certain circumstances; to provide for the promulgation of rules and regulations by the State Election Board; to amend provisions relating to the completion of a certification program by municipal election superintendents; to provide for certain election officials to be certified by a certain date; to provide for a possible waiver of the certification requirement for a municipality in certain circumstances; to provide for a special election for a United States congressional representative in the event of an extraordinary circumstance where there are more than 100 vacancies in the United States House of Representatives; to provide for filing notice of candidacy in the event of extraordinary circumstances; to revise certain provisions relating to the return of qualifying fees to candidates; to provide that certain information about electors shall be made available to certain state agencies; to provide that the Secretary of State may obtain certain felony conviction information; to provide for the making of application for absentee ballot in the event of extraordinary circumstances; to provide for the determination of eligibility; to remove certain requirements as to the oaths or declarations of assisted electors; to repeal certain requirements as to identification of campaign literature; to revise certain provisions related to voter identification cards; to revise certain provisions relating to interference with primaries and elections; to provide for the issuance of a writ of election in extraordinary circumstances; to revise certain provisions relating to interference with and the influencing of electors; to revise provisions relating to voting by unqualified electors; 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 21 of the Official Code of Georgia Annotated, relating to elections, is amended by revising subsection (e) of Code Section 21-2-30, relating to the State Election Board, as follows: "(e) Meetings shall be held whenever necessary for the performance of the duties of the board on call of the chairperson or whenever any two of its members so request. Minutes shall be kept of all meetings of the board and a record kept of the vote of each member on all questions coming before the board. The chairperson shall give to each member of the board prior notice of the time and place of each meeting of the board." SECTION 2. Said title is further amended by revising Code Section 21-2-31, relating to the duties of the State Election Board, as follows: "21-2-31. It shall be the duty of the State Election Board: WEDNESDAY, APRIL 2, 2008 3757 (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; To promulgate rules and regulations so as to obtain uniformity in the practices and proceedings of superintendents, registrars, deputy registrars, poll officers, and other officials, as well as the 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; (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." SECTION 3. Said title is further amended by revising paragraph (14) of Code Section 21-2-70, relating to the powers and duties of municipal election superintendents, as follows: "(14) To become certified by satisfactorily completing a certification program approved by the Secretary of State no later than January 1, 2007. Such program may 3758 JOURNAL OF THE SENATE include instruction on, and may require the superintendent to demonstrate proficiency in, the operation of the states direct recording electronic voting equipment and in state and federal law and procedures related to elections. In the case of boards of elections or boards of elections and registration, this requirement may be satisfied either by the certification of the members of the board or the boards designee as set forth in Code Section 21-2-101; and" SECTION 4. Said title is further amended by revising Code Section 21-2-70.1, relating to the completion of the certification program by municipal superintendents, board of elections, or election board designee, as follows: "21-2-70.1. (a) The municipal superintendent shall conduct, in accordance with this chapter, all municipal elections held within his or her municipality. (b) The municipal superintendent shall be a person or committee selected by the governing authority of the municipality in a public meeting, and such selection shall be recorded in the minutes of such meeting. The municipal superintendent shall receive compensation fixed and paid by the governing authority of the municipality from municipal funds. The appointment shall be made in a public meeting, and the appointment shall be recorded in the minutes of said meeting. In the event that a municipality fails to make an appointment, the city clerk shall serve as the municipal superintendent. A parent, spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to serve as a municipal superintendent in any primary or election in which such candidates name appears on the ballot. (c) As prescribed and directed by the Secretary of State, the municipal superintendent or, in the case of a board of elections or board of elections and registration, its designee shall satisfactorily complete a certification program approved by the Secretary of State no later than January 1, 2007. Such program may include instruction on, and may require the superintendent to demonstrate proficiency in, the operation of the voting equipment used in such superintendents municipality and in state and federal law and procedures related to elections." SECTION 5. Said title is further amended by revising Code Section 21-2-101, relating to certification program for election superintendents or election board designee and waiver of certification, as follows: "21-2-101. (a) All county and municipal election superintendents or, in the case of a board of elections or a board of elections and registration, the designee of such board charged with the daily operations of such board shall become certified by completing a certification program approved by the Secretary of State by no later than December 31 of the year in which they are appointed. Such program may include instruction on, and WEDNESDAY, APRIL 2, 2008 3759 may require the superintendent to demonstrate proficiency in, the operation of the states direct recording electronic voting equipment, the operation of the voting equipment used in such superintendents jurisdiction, and in state and federal law and procedures related to elections. The local government employing the superintendent or designee shall cover the costs, if any, incurred by such superintendent superintendents or designees participation in the certification program. Such certification programs shall be offered by the Secretary of State on multiple occasions before December 31 of the year in which such superintendents or designees are appointed and shall not exceed 64 hours of classroom, online, and practical instruction as authorized and approved by the Secretary of State. (b) Any county or municipal election superintendent appointed prior to January 1, 2008, who has not met the certification requirement shall complete a certification program approved by the Secretary of State by no later than December 31, 2008. (b)(c)(1) A full, partial, or conditional waiver of the certification requirement, either in whole or in part, may be granted by the Secretary of State, in the discretion of the Secretary of State, upon the presentation of evidence by the election superintendent or board that the individual was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the Secretary of State. (2) In the event that a municipality authorizes a county to conduct its elections pursuant to Code Section 21-2-45, the municipality may be granted by the Secretary of State, in the discretion of the Secretary of State, a waiver of the certification requirement, provided that the superintendent in charge of running the municipal election shall have previously completed a certification program approved by the Secretary of State and has demonstrated a proficiency in the operation of the voting equipment used in said municipality. (c)(d) A superintendent and the county or municipal governing authority which employs the such superintendent may be fined by the State Election Board for failure to attain the certification required in this Code section." SECTION 6. Said title is further amended by revising subsection (d) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, affidavit, and payment of qualifying fee, as follows: "(d) Except as provided in subsection (i) of this Code section, all political body and independent candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (1) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in 3760 JOURNAL OF THE SENATE June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (2) Each candidate for a county office, or his or her agent, desiring to have his or her name placed on the election ballot shall file notice of his or her candidacy in the office of the superintendent of his or her county no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (3) Each candidate for municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidates municipality during the municipalitys qualifying period. Each municipal superintendent shall designate the days of the qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Qualifying periods shall commence no earlier than 8:30 A.M. on the last Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and, in the case of a special election, the municipal qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election; and (4)(A) In extraordinary circumstances as described in Code Section 21-2-543.1, each candidate, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, with the Office of the Secretary of State no earlier than the date of the call of the special election and not later than ten days after the announcement of such extraordinary circumstances. (B) The provisions of this subsection shall not apply where, during the 75 day period beginning on the date of the announcement of the vacancy: (i) A regularly scheduled general election for the vacant office is to be held; or (ii) Another special election for the vacant office is to be held pursuant to a writ for a special election issued by the Governor prior to the date of the announcement of the vacancy. The hours of qualifying each day shall be from 8:30 A.M. until 4:30 P.M. with one hour allowed for the lunch break; provided, however, that municipalities which have normal business hours which cover a lesser period of time shall conduct qualifying during normal business hours for each such municipality. Except in the case of a special election, notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period." SECTION 7. Said title is further amended by revising subsections (a), (b), and (e) of Code Section 212-134, relating to withdrawal, death, or disqualification of candidate for office and WEDNESDAY, APRIL 2, 2008 3761 nomination certificates, as follows: "(a)(1) A candidate nominated at any primary election or nominated by means other than a primary may withdraw as a candidate at the ensuing general election by filing a notarized affidavit of withdrawal with the Secretary of State, if nominated for a state office; the county superintendent, if nominated for a county office; or the municipal superintendent, if nominated for a municipal office. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State, or the county superintendent, or the municipal superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the such candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the death or disqualification of a candidate or the withdrawal of a candidate as provided in paragraph (2) of subsection (b) of this Code section. (2) A candidate in a general or special primary may withdraw as a candidate after qualifying but prior to the date of the general or special primary by filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office; the county election superintendent, if qualifying for a county office; or the municipal superintendent, if qualifying for a municipal office. A candidate of a political body or an independent candidate in a general or special election may withdraw as a candidate after qualifying but prior to the date of the general or special election by filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office; the county election superintendent, if qualifying for a county office; or the municipal superintendent, if qualifying for a municipal office. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State, the county election superintendent, or the municipal superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the such candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted. (b)(1) Any vacancy in any party nomination filled by a primary created by reason of the death or disqualification of a candidate occurring after nomination may be filled in the following manner: (A) In the case of a public office to be filled by the vote of the electors of the this entire state in which the vacancy occurs after nomination but at least ten days prior to the election to fill the public office sought by such candidate, the vacancy may be filled by a substitute nomination made by a convention composed of the delegates of the county executive committee of such party in each county of the this state. Immediately upon such vacancy occurring, the state executive committee or a subcommittee thereof appointed for the purpose shall fix a time within six days of 3762 JOURNAL OF THE SENATE the occurrence of such vacancy; shall select and provide a convenient place for the holding of such a convention, which shall be open to the public; and shall give notice thereof to the chairperson and secretary of each county executive committee. Each county executive committee shall be entitled to select the number of delegates apportioned to it by the state executive committee; provided, however, that each county executive committee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based substantially upon the population of the this state according to the last United States decennial census or upon the number of votes cast within the this state for the partys candidates for presidential electors in the last presidential election. A two-thirds majority of the delegates of such county executive committees shall constitute a quorum for the transaction of business, and a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a substitute nomination. Each delegate shall have one vote, and all votes taken shall be by a roll-call vote. The records of the convention shall be filed with the state executive committee. In the event such a vacancy in party nomination shall occur during the ten days preceding the day of such an election, such vacancy may be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose; (B) In the case of a public office for which a candidate must qualify with the state executive committee, except a public office to be filled by the vote of the electors of the entire state, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately transmitted to the Secretary of State. If the Secretary of State has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose; (C) In the case of a public office for which a candidate must qualify with the county executive committee, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The state executive committee or a subcommittee thereof may determine on its own whether to fill the vacancy but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining whether to fill the vacancy: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the WEDNESDAY, APRIL 2, 2008 3763 party; or such other persons as the committee or subcommittee may desire to consult. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately transmitted to the county superintendent. If the county superintendent has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose. The state executive committee or a subcommittee thereof may determine on its own who shall fill the vacancy as a substitute nominee but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining the most suitable substitute nomination: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult; and (D) In the case of a public office for which a candidate must qualify with the municipal executive committee, the nomination may remain vacant or may be filled at the decision of the municipal executive committee of the party. The decision whether to fill such vacancy shall be made by the municipal executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the municipal executive committee shall be immediately transmitted to the municipal superintendent. If the municipal superintendent has not been notified of the decision of the municipal executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the municipal executive committee has decided not to fill the vacancy. If the municipal executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the municipal executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the municipal executive committee or a subcommittee thereof appointed for that purpose. (2) Any vacancy which occurs in any party nomination filled by a primary and which is created by reason of the withdrawal of a candidate 60 or more days prior to the date of the election shall be filled as follows: (A) By the person seeking nomination in such primary who received the second highest total of votes cast in such primary for that office, provided that such person received not less than 40 percent of the votes cast for that office; or (B) In the event no person received the vote total required under subparagraph (A) 3764 JOURNAL OF THE SENATE of this paragraph, such vacancy shall be filled in the same manner as provided in subparagraph (A), (B), (C), or (D) of paragraph (1) of this subsection, as appropriate. (3) Any vacancy which occurs in any party nomination filled by a primary and which is created by reason of the withdrawal of a candidate less than 60 days prior to the date of the election shall not be filled. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State, or the county superintendent, or the municipal superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the such candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted." "(e) Reserved. The qualifying fee shall be returned to the candidate in the event such candidate withdraws, dies, or is disqualified prior to the close of the qualifying period; however, after the close of the qualifying period, the qualifying fee shall not be returned to the candidate for any reason including withdrawal, death, or disqualification." SECTION 8. Said title is further amended by revising subsection (b) of Code Section 21-2-225, relating to limitations on registration data available for public inspection, as follows: "(b) All data collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article shall be available for public inspection with the exception of bank statements submitted pursuant to subsection (c) of Code Section 21-2-220 and subsection (c) of Code Section 21-2-417, and the date of birth, the social security numbers, and drivers license numbers of the electors, and the locations at which the electors applied to register to vote, which shall remain confidential and shall be used only for voter registration purposes; provided, however, that any and all information relating to the dates of birth, social security numbers, and drivers license numbers of electors may be made available to other state agencies if the agency is authorized to maintain such information by social security number and the information is used only to identify the elector on the receiving agencys data base and is not disseminated further and remains confidential." SECTION 9. Said title is further amended by revising subsections (a) and (d) of Code Section 21-2231, relating to lists of persons convicted of felonies, as follows: "(a) The Unless otherwise notified by the Secretary of State, the clerk of the superior court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were convicted of a felony involving moral turpitude during the preceding calendar month in the that county. The Secretary of WEDNESDAY, APRIL 2, 2008 3765 State may, by agreement with the commissioner of the Department of Corrections, obtain criminal information relating to the conviction, sentencing, and completion of sentencing requirements of felonies involving moral turpitude. Additionally, the Secretary of State shall be authorized to obtain such criminal information relating to Georgia electors convicted of felonies involving moral turpitude, if possible, from other states." "(d) The Unless otherwise notified by the Secretary of State, the local registrar of vital statistics of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who died during the preceding calendar month in the county. The Secretary of State may, by agreement with the commissioner of human resources, obtain such information from the state registrar of vital statistics. Additionally, the Secretary of State is authorized to obtain such lists of deceased Georgia electors, if possible, from other states." SECTION 10. Said title is further amended by revising subsection (a) of Code Section 21-2-381, relating to making of application for absentee ballot, determination of eligibility by ballot clerk, furnishing of applications to colleges and universities, and persons entitled to make application, by adding a new paragraph to read as follows: "(4) In extraordinary circumstances as described in Code Section 21-2-543.1, the registrar or absentee ballot clerk shall determine if the applicants are eligible to vote under this Code section and shall either mail or issue the absentee ballots for the election for representative in the United States Congress to an individual entitled to make application for absentee ballot under subsection (d) of this Code section the same day any such application is received, so long as the application is received by 3:00 P.M., otherwise no later than the next business day following receipt of the application. Any valid absentee ballot shall be accepted and processed so long as the ballot is received by the registar or absentee ballot clerk not later than 45 days after the ballot is transmitted to the absent uniformed services voter or overseas voter, but in no event later than 11 days following the date of the election." SECTION 11. Said title is further amended by revising Code Section 21-2-409, relating to assisting electors who cannot read English or who have disabilities, as follows: "21-2-409. (a) No elector shall receive any assistance in voting at any primary or election unless he or she is unable to read the English language or he or she has a disability which renders him or her unable to see or mark the ballot or operate the voting equipment or to enter the voting compartment or booth without assistance. A person assisting an elector shall identify himself or herself to a poll worker who shall record such information on the disabled electors voter certificate showing that such person 3766 JOURNAL OF THE SENATE provided assistance in voting to such elector. (b)(1) In elections in which there is a federal candidate on the ballot, any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select any person of the electors choice except the such electors employer or agent of that employer or officer or agent of the such electors union. (2) In all other elections, any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select: (1)(A) any Any elector, except a poll officer or poll watcher, who is a resident of the precinct in which the elector requiring assistance is attempting to vote; or (2)(B) the The mother, father, sister, brother, spouse, or child grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law, or attendant care provider of the elector entitled to receive assistance, to enter the voting compartment or booth with him or her to assist in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than ten such electors in any primary, election, or runoff covered by this paragraph. No person whose name appears on the ballot as a candidate at a particular election nor the mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of that candidate may shall offer assistance during that particular election under the provisions of this Code section to any voter who is not related to such candidate. For the purposes of this paragraph, 'related to such candidate' shall mean the candidates mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-inlaw, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law. (c) The oaths or declarations of assisted electors shall be returned by the chief manager to the superintendent. The oaths or declarations of assisted electors shall be available in the superintendents office for public inspection." SECTION 12. Said title is further amended by revising Code Section 21-2-415, relating to requirements as to identification of campaign literature, unauthorized use of anothers name in connection with campaign material, and penalty, as follows: "21-2-415. (a) No person shall distribute, circulate, disseminate, or publish or cause to be distributed, circulated, disseminated, or published any literature in connection with any political campaign for any public office or question unless such literature shall bear the name and address of the person or organization distributing, circulating, disseminating, publishing, or causing the same to be distributed, circulated, disseminated, or published. To be in compliance with this subsection when an organization rather than a natural person commits any of the acts enumerated in this subsection, the names and addresses of at least three of the highest officials thereof shall also appear thereon. No candidate whose campaign is the subject of any campaign literature shall contribute funds to WEDNESDAY, APRIL 2, 2008 3767 defray the cost or a portion of the cost of the printing, publishing, distribution, circulation, or dissemination of such literature unless the literature clearly states that the cost or a portion thereof has been paid for by the candidate. Campaign literature published and disseminated by the candidate, bearing his or her name and the office for which he or she is a candidate, shall be considered as in compliance with this subsection. (b) No person shall use the name or any colorable imitation of the name of an existing person or organization for the purposes of endorsing, circulating, or publishing campaign material without the authorization of such person or organization. As used in this subsection, the term 'any colorable imitation' means any name purposefully used with the intention of the user that a person reading such name will be misled into believing that such campaign material is being endorsed, circulated, or published by a person or organization other than the true endorser, circulator, or publisher. (c) Any person who violates this Code section shall be guilty of a misdemeanor. Reserved." SECTION 13. Said title is further amended by revising Code Section 21-2-417.1, relating to voter identification cards, as follows: "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 to registered Georgia electors which shall under state law be valid only for purposes of voter identification under Code Section 21-2-417 and available only to registered electors of this state. 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 3768 JOURNAL OF THE SENATE (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) Evidence that the person is registered to vote in this state; 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 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 Secretary of State 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) Without in any way limiting the authority of the Secretary of State under subsection (g) of this Code section, the 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 14. Said title is further amended by revising Code Section 21-2-419, relating to validation of provisional ballots, by adding a new subsection to read as follows: "(e) The board of registrars shall complete a report in a form designated by the Secretary of State indicating the number of provisional ballots cast and counted in the primary or election." SECTION 15. Said title is further amended by adding a new Code section to read as follows: "21-2-543.1. In extraordinary circumstances, where the Speaker of the House of Representatives in the United States Congress announces that there are more than 100 vacancies in the WEDNESDAY, APRIL 2, 2008 3769 federal House of Representatives, the Governor shall issue, within five days after the speaker announces that such number of vacancies exist, a writ of election to the Secretary of State for a special election to fill any such vacancy from this state, which election shall be held on the date named in the writ, which shall not be more than 49 days after the speaker announces that such number of vacancies exists." SECTION 16. Said title is further amended by revising Code Section 21-2-566, relating to interference with primaries and elections generally, as follows: "21-2-566. Any person who: (1) Willfully prevents or attempts to prevent any poll officer from holding any primary or election under this chapter; (2) Uses or threatens violence to any poll officer in a manner that would prevent a reasonable poll officer or actually prevents a poll officer from the execution of his or her duties or materially interrupts or improperly and materially interferes with the execution of his or her duty a poll officers duties; (3) Willfully blocks or attempts to block the avenue to the door of any polling place; (4) Uses or threatens violence to any elector to prevent him or her in a manner that would prevent a reasonable elector from voting or actually prevents any elector from voting; (5) Willfully prepares or presents to any poll officer a fraudulent voters certificate not signed by the elector whose certificate it purports to be; (6) Knowingly deposits fraudulent ballots in the ballot box; (7) Knowingly registers fraudulent votes upon any voting machine; or (8) Willfully tampers with any electors list, voters certificate, numbered list of voters, ballot box, voting machine, direct recording electronic (DRE) equipment, or tabulating machine 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 to pay a fine not to exceed $100,000.00, or both." SECTION 17. Said title is further amended by revising Code Section 21-2-567, relating to intimidation of electors, as follows: "21-2-567. (a) Any person who uses or threatens to use force and violence, or acts in any other manner intimidates to intimidate any other person, to: (1) Vote or refrain from voting at any primary or election, or to vote or refrain from voting for or against any particular candidate or question submitted to electors at such primary or election; or (2) Place or refrain from placing his or her name upon a register of electors shall be guilty of a felony and, upon conviction thereof, shall be sentenced to 3770 JOURNAL OF THE SENATE imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both. (b) As used in this Code section, the term 'acts in any other manner to intimidate' means to undertake or pursue a knowing and willful course of conduct which causes emotional distress by placing another person in reasonable fear for such persons safety or for the safety of another person and which serves no legitimate purpose." SECTION 18. Said title is further amended by revising subsection (a) of Code Section 21-2-568, relating to entry into voting compartment or booth while another is voting, interfering with elector, inducing elector to reveal or revealing electors vote, and influencing voter while assisting, as follows: "(a) Any person who knowingly: (1) Goes into the voting compartment or voting machine booth while another is voting or marks the ballot or ballot card or registers the vote for another, except in strict accordance with this chapter; (2) Interferes with any elector marking his or her ballot or ballot card or registering his or her vote; (3) Attempts to induce any elector before depositing his or her ballot or ballot card to show how he or she marks or has marked his or her ballot or ballot card; or (4) Discloses to anyone how another elector voted, without said electors consent, except when required to do so in any legal proceeding shall be guilty of a felony." SECTION 19. Said title is further amended by revising Code Section 21-2-573, relating to absentee voting by unqualified elector, as follows: "21-2-573. Any person who votes or attempts to vote by absentee ballot at any primary or election under Article 10 of this chapter and who knows that he or she is not qualified to vote 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 to pay a fine not to exceed $100,000.00, or both." SECTION 20. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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. WEDNESDAY, APRIL 2, 2008 3771 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Rogers Y Schaefer Y Seabaugh Y Seay Shafer,D Y Smith Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 50, nays 1. HB 1112, having received the requisite constitutional majority, was passed by substitute. HB 1169. By Representatives Morgan of the 39th, Dickson of the 6th, Ashe of the 56th, Teilhet of the 40th, Manning of the 32nd and others: A BILL to be entitled an Act to amend Code Section 20-1A-2 of the Official Code of Georgia Annotated, relating to definitions relative to early care and learning programs, so as to revise the definition of "day-care center" so as to exclude certain private schools which provide kindergarten through grade 12 education from regulation as day-care centers; 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: 3772 JOURNAL OF THE SENATE Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Ramsey Reed Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 49, nays 0. HB 1169, having received the requisite constitutional majority, was passed. HB 1220. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Code Section 40-2-78 of the Official Code of Georgia Annotated, relating to a special license plate for firefighters, so as to provide that such license plates may be retained by the firefighters spouse upon the death of the firefighter; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. The Senate Public Safety Committee offered the following substitute to HB 1220: 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, so as to remove the limitation on the number of plates a firefighter can obtain; to provide that such license plates may be retained by the firefighters spouse upon the death of the firefighter; to provide a special WEDNESDAY, APRIL 2, 2008 3773 license plate supporting the Georgia Sea Turtle Center; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to the Georgia Sea Turtle Center; to modify certain provisions relating to the Support Our Troops special license plate; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, is amended by revising subsection (a) and adding a new subsection to Code Section 40-2-78, relating to a special license plate for firefighters, as follows: "(a) Any resident motor vehicle owners who are firefighters certified pursuant to Article 1 of Chapter 4 of Title 25 and who are members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25 and motor vehicle owners who are certified firefighters of legally organized volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25 may submit an application to the commissioner for a special and distinctive vehicle license plate identifying the owner as a certified firefighter for a private passenger car or truck used for personal transportation. The commissioner shall retain all applications for such special firefighters license plates until a minimum of 500 applications have been received. If the commissioner does not receive the required minimum 500 applications no later than July 31 of the year preceding the initial year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded to applicants. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No firefighter shall be entitled to more than one special and distinctive motor vehicle license plate. Such license plate shall be inscribed with such letters, numbers, words, symbols, or a combination thereof as determined by the commissioner to identify the owner as a certified firefighter. The chiefs of the various fire departments shall furnish to the commissioner a list of the certified firefighters of their fire departments who reside in Georgia which list shall be updated as necessary." "(e) The spouse of a deceased firefighter shall continue to be eligible to be issued a distinctive special firefighters license plate as provided in this Code section so long as such person does not remarry." SECTION 2. Said article is further amended in Code Section 40-2-86.21, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, by adding a new paragraph to subsection (o) as follows: "(38) A special license plate supporting the Georgia Sea Turtle Center. The funds raised by the sale of this special license plate shall be charged and disbursed to the 3774 JOURNAL OF THE SENATE Jekyll Island--State Park Authority and used to fund educational programs and support other projects at the Georgia Sea Turtle Center. The design of the license plate provided for in this paragraph shall include the words 'Jekyll Island Georgias Jewel' horizontally across the bottom of the plate in lieu of the county name, with a diamond jewel symbol in place of the dash." SECTION 3. Said article is further amended in Code Section 40-2-86.21, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, by revising paragraph 18 of subsection (o) as follows: "(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. the Georgia National Guard Family Support Foundation, Incorporated." 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 Tolleson of the 20th and Bulloch of 11th offered the following amendment #1: Amend the substitute to HB 1220 (LC 34 1798S) by deleting on line 5 of page 1 the phrase "Georgia Sea Turtle Center" and inserting in its place the following: Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund By deleting beginning on line 16 of page 2 the phrase "Jekyll Island State Park Authority and used to fund educational programs and support other projects at" and inserting in its place the following: Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund and used to fund nongame wildlife conservation and education programs with up to ten percent of the annual proceeds to support On the adoption of the amendment, there were no objections, and the Tolleson, Bulloch amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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. WEDNESDAY, APRIL 2, 2008 3775 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the passage of the bill, the yeas were 51, nays 0. HB 1220, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: SB 169. By Senators Hamrick of the 30th, Harp of the 29th, Meyer von Bremen of the 12th, Adelman of the 42nd, Grant of the 25th 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. The House substitute was as follows: 3776 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to revise requirements relating to in-state tuition; to provide for definitions; to provide for direct loans to students on the basis of need and merit 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 a term of repayment, repayment schedules, and a higher interest rate in the event of default; to enact the "Graduate On Time Student Loan Act" and the "Education for Public Service Student Loan Act"; to provide for direct loans to students for attendance at certain postsecondary institutions; to provide for separate loan funds for such student loan programs; to provide for definitions, maximum loan amounts, eligibility requirements, random selection among eligible applicants, fees, and rules and regulations; to reduce or eliminate the interest rate for such loans and recalculate the balance of such loans if recipients meet specified requirements; to provide for requirements for reduction or elimination of the interest rate; to provide for contents of the promissory note; to provide for certain elections by a student who has qualified for a reduced interest rate for one or more Education for Public Service student loans and for the terms and conditions of such elections; to provide for a term of repayment, repayment schedules, and a higher interest rate in the event of default; to provide for an opportunity on income tax returns for Georgia taxpayers to contribute to these funds for student loans; to provide for procedures for transmittal of such donations to the Georgia Student Finance Authority and for equal division of such contributions among the three funds for student loans established by this Act; to change certain provisions relating to residency requirements for a HOPE scholarship at a public postsecondary institution; to change certain provisions relating to residency requirements for a HOPE scholarship at a private postsecondary institution; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by revising Code Section 20-3-66, relating to determination of resident status of students for tuition or fees, as follows: "20-3-66. For the purposes of determining resident status for tuition or fees, no person who has attained the legal age of majority shall be deemed to have gained residence while attending any educational institution in this state as a full-time student, as such status is defined by the board of regents, in the absence of a clear demonstration that he has WEDNESDAY, APRIL 2, 2008 3777 established domicile in this state and has otherwise complied with the rules governing the residency status of students as adopted by the board. The residence, for tuition or fee purposes, of any person receiving regular financial assistance from his parent, or whose parents income was taken into account by any private or governmental agency furnishing financial educational assistance to such person, including scholarships, loans, or otherwise, shall be the same as that of his parent. In the event such persons parents have separate domiciles, his residence for tuition or fee purposes shall be the domicile of the parent furnishing him the greater financial assistance or the parent having the larger income if neither furnishes such assistance. (a) As used in this Code section, the term: (1) 'Dependent student' means an individual under the age of 24 who receives financial support from a parent or United States court appointed legal guardian, and such parent or guardian claimed such individual as a dependent on his or her most recent federal or state income tax return. (2) 'Emancipated' means a minor who, under certain circumstances, may be treated by the law as an adult. A student reaching the age of 18 shall not qualify for consideration of reclassification by virtue of having become emancipated unless he or she can demonstrate financial independence and domicile independent of his or her parents. (3) 'Independent student' means an individual who is not claimed as a dependent on the federal or state income tax returns of a parent or United States court appointed legal guardian and whose parent or guardian has ceased to provide support and right to that individuals care, custody, and earnings. (b)(1) An independent student who has established and maintained a domicile in the State of Georgia for a period of at least 12 consecutive months immediately preceding the first day of classes for the term shall be classified as in-state for tuition purposes. No student shall gain or acquire in-state classification while attending any postsecondary educational institution in this state without clear evidence of having established domicile in Georgia for purposes other than attending a postsecondary educational institution in this state. (2) If an independent student classified as in-state for tuition purposes relocates out of state temporarily but returns to the State of Georgia within 12 months of the relocation, such student shall be entitled to retain his or her in-state tuition classification. (c)(1) A dependent student shall be classified as in-state for tuition purposes if such dependent students parent has established and maintained domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term. (2) A dependent student shall be classified as in-state for tuition purposes if such students United States court appointed legal guardian has established and maintained domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term, provided that such appointment was not made to avoid payment of out-of-state tuition, and such guardian can provide clear 3778 JOURNAL OF THE SENATE evidence of having established and maintained domicile in the State of Georgia for a period of at least 12 consecutive months immediately preceding the first day of classes for the term. (3) If the parent or United States court appointed legal guardian of a dependent student currently classified as in-state for tuition purposes establishes domicile outside of the State of Georgia after having established and maintained domicile in the State of Georgia, such student may retain his or her in-state tuition classification so long as such student remains continuously enrolled in a public postsecondary educational institution in this state, regardless of the domicile of such students parent or United States court appointed legal guardian. (d) Noncitizen students shall not be classified as in-state for tuition purposes unless the student is legally in this state and there is evidence to warrant consideration of in-state classification as determined by the board of regents. Lawful permanent residents, refugees, asylees, or other eligible noncitizens as defined by federal Title IV regulations may be extended the same consideration as citizens of the United States in determining whether they qualify for in-state classification. International students who reside in the United States under nonimmigrant status conditioned at least in part upon intent not to abandon a foreign domicile shall not be eligible for in-state classification." SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 20-3-373, relating to the general loan fund for education loans financed by state funds, as follows: "(a) The authority shall maintain a general loan fund to which shall be credited: (1) State funds appropriated for use by the authority for educational loan purposes as specified in this subpart other than service cancelable loans; (2) Unrestricted moneys received by gift or otherwise and other moneys available for and determined by the authority to be used for the purposes of this Code section; (3) Outstanding educational loans held by the authority under this subpart as to which the borrower does not have a right to repay and cancel the loan through services rendered; (4) Principal collected on all educational loans held by the authority under this subpart, including the principal portion of payments received from the corporation in discharge of its guaranty liability on such loans; and (5) Such amounts as may be transferred to the fund from the service cancelable loan fund or the administration fund of the authority. The authority is authorized to use moneys available in the fund to make guaranteed educational loans to eligible students and parents in accordance with its rules and regulations and Part 2 of this article. The authority is further authorized, under such limited circumstances as it may prescribe, to use moneys available in the fund to purchase guaranteed educational loans made by other lenders under Part 2 of this article and to sell guaranteed educational loans made or owned by the authority to eligible lenders." WEDNESDAY, APRIL 2, 2008 3779 SECTION 3. Said chapter is further amended by inserting a new subpart in Part 3 of Article 7 to read as follows: "Subpart 4A 20-3-395. As used in this subpart, the term: (1) 'Cost of attendance' of a student means the cost of attendance calculated in accordance with Title IV. (2) 'Eligible high school' has the same meaning as provided in Code Section 20-3519. (3) 'Eligible postsecondary institution' means: (A) A unit of the University System of Georgia that offers associate or baccalaureate degrees; (B) A unit of the Department of Adult and Technical Education that offers associate or baccalaureate degrees; or (C) An institution of higher education located in this state that offers associate or baccalaureate degrees; that is accredited by a regional accrediting agency recognized by the United States Department of Education; that is not a Bible school or college; that admits as regular students only persons who have a high school diploma, a general educational development diploma, or a degree from an accredited postsecondary institution; and whose students are eligible to participate in the federal Pell Grant program. (4) 'Expected family contribution' means expected family contribution calculated in accordance with Title IV. (5) 'Reasonable interest rate' means an interest rate no higher than the Wall Street Journal prime rate effective on July 1 for the fiscal year beginning July 1 of each year. If an outstanding loan made under this subpart is subject to the reasonable interest rate, the reasonable interest rate for the current fiscal year shall apply to such a loan during that fiscal year without regard to the interest rate at the time of the loans origination or the interest rate at the time of the students default. (6) 'Title IV' means Title IV of the federal Higher Education Act of 1965, as amended, 20 U.S.C.A. Section 1070, et seq. 20-3-395.1. (a) The authority is authorized to provide direct loans to students who are legal residents of this state and who are not ineligible under Code Section 20-3-395.4 in accordance with the provisions of this subpart and regulations of the authority promulgated to implement this subpart. (b) The interest rate for loans provided in accordance with this subpart shall be 1 percent annually except as provided by Code Section 20-3-395.3 in the case of default. (c) The repayment period for loans provided in accordance with this subpart shall be 3780 JOURNAL OF THE SENATE ten years; provided, however, that, subject to the provisions of Code Section 20-3395.3, the commission may provide by regulation for deferral of payments and forbearance of payments similar to deferral and forbearance under federal student loan programs. (d) The maximum amount of a loan under this subpart shall be the lesser of: $10,000.00 per calendar year; or the cost of attendance of a student minus the expected family assistance and the estimated amount of the students loans, grants, and scholarships, including loans, grants, and scholarships provided under Title IV. Except as otherwise provided in this subsection, each applicant for a loan shall be required to apply for other educational assistance, including scholarships, grants, and state funded or Title IV loans, and to provide information regarding such other applications and the result of such applications as a condition of applying for a loan under this subpart. Loans under this subpart are designed as funding of the last resort for students who have diligently sought scholarships, grants, and state funded or Title IV loans. Applicants are not required to apply for loans under Subpart 4B or Subpart 4C of this part as a condition of eligibility for loans under this subpart. (e) Eligibility for a loan under this subpart shall be determined annually. A student who has graduated from an eligible high school shall be eligible for a loan for the first year of attendance at an eligible postsecondary institution if the student graduated from an eligible high school before May 1, 2007, with a cumulative grade average of at least a 75 numeric average in his or her core curriculum subjects or if a student graduated from an eligible high school on or after May 1, 2007, with a cumulative grade point average in the students core curriculum subjects of at least 2.5 on a 4.0 scale. A students cumulative grade average or grade point average shall be calculated by the methods set out in Code Section 20-2-157. A student who has earned a cumulative grade point average of at least 2.0 at an eligible postsecondary institution shall be eligible for a loan for a second or a subsequent year of attendance at an eligible postsecondary institution. (f) A students maximum total eligibility for loans under this subpart shall be limited to $40,000.00. 20-3-395.2. (a) The authority shall establish and maintain a separate fund for loans in accordance with this subpart to which shall be credited: (1) State funds appropriated for use for loans under this subpart; (2) Moneys received by gift, donation, or otherwise for loans under this subpart; (3) Outstanding educational loans held by the authority under this subpart; and (4) Principal and interest collected on educational loans held by the authority under this subpart. (b) Beginning with the first fiscal year following the fiscal year in which the fund has a balance of $500,000.00 or more, for each fiscal year, the authority shall determine the amount of moneys available for loans under this subpart and shall determine the applicants who are eligible to receive such loans. The authority shall determine which WEDNESDAY, APRIL 2, 2008 3781 eligible applicants receive loans by a random selection process in which each eligible applicant has an equal chance of being selected for a loan. (c) The authority shall be entitled to establish a reasonable fee for the processing and collecting of loans made under this subpart. Such fee shall be established by the authority by rule or regulation. 20-3-395.3. (a) The authority shall by rule and regulation establish a repayment schedule or schedules for loans made under this subpart. Students shall be required to pay accrued interest annually on the loan or loans while attending a postsecondary institution except in cases of financial hardship. Students shall not be required to begin the repayment of the principal of such loans until the earliest occurrence of one of the following: (1) The student completes his or her course of study; (2) The student graduates from an eligible postsecondary institution; (3) One calendar year after the students eligibility for a loan under this subpart ends in accordance with subsection (f) of Code Section 20-3-395.1; or (4) The student has not been enrolled in an eligible postsecondary institution for two academic quarters or two academic semesters. (b) If the student defaults on the repayment of one or more loans under this subpart, the interest rate for such loan or loans shall be converted to the reasonable interest rate as defined in Code Section 20-3-395. 20-3-395.4. A student is ineligible for any loan described in this subpart if the student: (1) Is not a United States citizen or a permanent resident alien who meets the definition of an eligible noncitizen under federal Title IV requirements; (2) Has not complied with United States Selective Service System requirements for registration, if such requirements are applicable to the student; (3) Is in default on a federal Title IV educational loan or a State of Georgia educational loan, provided that a student who is otherwise eligible and has fully repaid the defaulted loan will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (4) Owes a refund on a federal Title IV student financial aid program or a Georgia student financial aid program, provided that a student who is otherwise eligible and has fully paid the refund owed will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (5) Has been convicted of a felony offense involving marijuana, a controlled substance, or a dangerous drug as set out in Code Section 20-1-23 or 20-1-24 of the 'Drug-free Postsecondary Education Act of 1990,' provided that such ineligibility extends from the date of conviction to the completion of the next academic term; (6) Is incarcerated; or (7) Does not meet each qualification listed in this subpart and applicable to the student." 3782 JOURNAL OF THE SENATE SECTION 4. Said chapter is further amended by adding a new subpart in Part 3 of Article 7 to read as follows: "Subpart 4B 20-3-400. This subpart shall be known and may be cited as the 'Graduate On Time Student Loan Act.' 20-3-400.1. As used in this subpart, the term: (1) 'Beginning date of a postsecondary course of study' means the first day of postsecondary classes attended by a student for credit toward an associate degree or baccalaureate degree. In the case of a program that includes undergraduate studies and is designed for completion within five years, the first day of such classes for credit in such a program is the beginning date of a postsecondary course of study, whether the program leads to a baccalaureate degree or a first professional degree. Advanced placement classes or classes attended under a program of joint or dual enrollment in a high school and a postsecondary institution do not establish the beginning date of a postsecondary course of study. (2) 'Cost of attendance' of a student means the cost of attendance calculated in accordance with Title IV. (3) 'Eligible high school' has the same meaning as set forth in Code Section 20-3-519. (4) 'Eligible postsecondary institution' means: (A) A unit of the University System of Georgia that offers associate degrees, baccalaureate degrees, or first professional degree programs; or (B) An institution of higher education located in this state that offers associate degrees, baccalaureate degrees, or first professional degree programs; that is accredited by a regional accrediting agency recognized by the United States Department of Education; that is not a Bible school or college; that admits as regular students only persons who have a high school diploma, a general educational development diploma, or a degree from an accredited postsecondary institution; and whose students are eligible to participate in the federal Pell Grant program. (5) 'First professional degree' means a degree that qualifies a graduate to practice a profession and was earned through a first professional degree program. (6) 'First professional degree program' means a professional degree program that meets the requirements established by the program regulations promulgated by the Georgia Student Finance Commission which, at a minimum, shall include, but not be limited to, the following: (A) Accepts students after the completion of the sophomore or junior year; and (B) Results in the award of a first professional degree. (7) 'Graduate On Time Student Loan' or 'GOT Student Loan' means a student loan provided in accordance with the provisions of this subpart. WEDNESDAY, APRIL 2, 2008 3783 (8) 'Reasonable interest rate' means an interest rate no higher than the Wall Street Journal prime rate effective on July 1 for the fiscal year beginning July 1 of each year. Except for GOT Student Loans that have been reduced to an interest rate of 1 percent in accordance with subsection (e) of Code Section 20-3-400.2 or an interest rate of 2 percent in accordance with subsection (f) of Code Section 20-3-400.2, the reasonable interest rate for the fiscal year shall apply to all outstanding GOT Student Loans during that fiscal year without regard for the interest rate at the time of a loans origination or at the time of the students default. (9) 'Title IV' means Title IV of the federal Higher Education Act of 1965, 20 U.S.C. Section 1070, et seq. 20-3-400.2. (a) The authority is authorized to provide direct loans to students who are legal residents of this state and who are not ineligible under Code Section 20-3-400.6 in accordance with the provisions of this subpart and regulations of the authority promulgated to implement this subpart. (b) The repayment period for a GOT Student Loan shall be ten years; provided, however, that, subject to the provisions of Code Section 20-3-400.5, the commission may provide by regulation for deferral of payments and forbearance of payments similar to deferral and forbearance under federal student loan programs. The maximum amount of a GOT Student Loan shall be the lesser of $10,000.00 per calendar year or the cost of attendance for a calendar year minus the estimated amount of the students loans, grants, and scholarships, including loans, grants, and scholarships provided under Title IV, for the calendar year for which such loan is sought. (c) A student may apply for a GOT Student Loan annually. A student who is a legal resident of this state and who has graduated from an eligible high school shall be eligible for a GOT Student Loan for the first year of attendance at an eligible postsecondary institution. Any student who is a legal resident of this state attending an eligible postsecondary institution is eligible for a GOT Student Loan for the second and subsequent years of attendance. (d) Except as otherwise provided by subsection (e) or (f) of this Code section, the interest rate for a GOT Student Loan shall be a reasonable interest rate as defined by paragraph (8) of Code Section 20-3-400.1 and as established by the authority by rule or regulation. (e) The annual interest rate for any GOT Student Loan shall be converted to 1 percent retroactive to the origination date of the GOT Student Loan for each student who: (1) Completes his or her course of study with a cumulative grade point average no lower than 2.0 on a 4.0 scale and earns a baccalaureate degree within four years from the beginning date of a course of postsecondary study; or (2) Completes his or her course of study with a cumulative grade point average no lower than 2.0 on a 4.0 scale and earns a baccalaureate or first professional degree within five years from the beginning date of a course of postsecondary study if the course of postsecondary study: 3784 JOURNAL OF THE SENATE (A) Was designed to be completed in five years; and (B) Meets the requirements for a first professional degree program; or (C) If the course of postsecondary study includes undergraduate studies, leads to a baccalaureate or first professional degree. (f) The annual interest rate for any GOT Student Loan shall be converted to 2 percent retroactive to the origination date of the GOT Student Loan for each student who: (1) Completes his or her course of study with a cumulative grade point average no lower than 2.0 on a 4.0 scale and earns a baccalaureate degree within five years from the beginning date of a course of postsecondary study; or (2) Completes his or her course of study with a cumulative grade point average no lower than 2.0 on a 4.0 scale and earns a baccalaureate or first professional degree within six years from the beginning date of a course of postsecondary study if the course of postsecondary study: (A) Was designed to be completed in six years; and (B) Meets the requirements for a first professional degree program; or (C) If the course of postsecondary study includes undergraduate studies, leads to a baccalaureate or first professional degree. (g) A students maximum total eligibility for loans under this subpart shall be limited to $40,000.00. 20-3-400.3. (a) When the annual interest rate is converted to 1 percent in accordance with subsection (e) of Code Section 20-3-400.2, the authority shall recalculate the balance owed on the loan to reflect the retroactive change in the interest rate. (b) The steps of the recalculation required by subsection (a) of this Code section shall include the following: (1) Calculate the total interest paid by the student on the loan to date; (2) Calculate the total principal paid by the student on the loan to date; (3) Calculate the total of fees other than interest paid by the student on the loan to date; (4) Calculate the current balance owed on the loan by subtracting the principal paid by the student on the loan to date from the original amount borrowed; (5) Calculate the amount of interest due on the loan from its origination to date at the rate of 1 percent; (6) Subtract the amount of interest due at 1 percent calculated in paragraph (5) of this subsection from the total interest paid by the student to date calculated in paragraph (1) of this subsection; (7) Add the difference calculated in paragraph (6) of this subsection to the principal paid by the student to date in paragraph (2) of this subsection; this sum shall become the new total principal paid by the student on the loan; and (8) Subtract the new principal paid calculated in paragraph (7) of this subsection from the original amount borrowed by the student in this loan to produce the new balance owed by the student on the loan. WEDNESDAY, APRIL 2, 2008 3785 (c) When the annual interest rate is converted to 2 percent in accordance with subsection (f) of Code Section 20-3-400.2, the Student Finance Authority shall recalculate the balance owed on the loan to reflect the retroactive change in the interest rate. (d) The steps of the recalculation required by subsection (c) of this Code section shall include the following: (1) Calculate the total interest paid by the student on the loan to date; (2) Calculate the total principal paid by the student on the loan to date; (3) Calculate the total of fees other than interest paid by the student on the loan to date; (4) Calculate the current balance owed on the loan by subtracting the principal paid by the student on the loan to date from the original amount borrowed; (5) Calculate the amount of interest due on the loan from its origination to date at the rate of 2 percent; (6) Subtract the amount of interest due at 2 percent calculated in paragraph (5) of this subsection from the total interest paid by the student to date calculated in paragraph (1) of this subsection; (7) Add the difference calculated in paragraph (6) of this subsection to the principal paid by the student to date in paragraph (2) of this subsection; this sum shall become the new total principal paid by the student on the loan; and (8) Subtract the new principal paid calculated in paragraph (7) of this subsection from the original amount borrowed by the student in this loan to produce the new balance owed by the student on the loan. 20-3-400.4. (a) The authority shall establish and maintain a separate fund for loans in accordance with this subpart to which shall be credited: (1) State funds appropriated for use for GOT Student Loans; (2) Moneys received by gift, donation, or otherwise for GOT Student Loans; (3) Outstanding GOT Student Loans held by the authority; and (4) Principal and interest collected on GOT Student Loans held by the authority. (b) Beginning with the first fiscal year following the fiscal year in which the fund has a balance of $500,000.00 or more, for each fiscal year, the authority shall determine the amount of moneys available for loans under this subpart and shall determine which eligible applicants receive loans by a random selection process in which each eligible applicant has an equal chance of being selected for a loan. (c) The authority shall be entitled to establish a reasonable fee for the processing and collecting of GOT Student Loans. Such fees shall be established by the authority by rule or regulation. 20-3-400.5. (a) The authority shall by rule and regulation establish a repayment schedule or schedules for GOT Student Loans. Students shall be required to pay accrued interest 3786 JOURNAL OF THE SENATE annually while attending a postsecondary institution except in cases of financial hardship. Students shall not be required to begin the repayment of the principal of such loans until the earliest occurrence of one of the following: (1) The student completes his or her course of study; (2) The student graduates from an eligible postsecondary institution; (3) One calendar year after the students eligibility for a loan under this subpart ends in accordance with subsection (g) of Code Section 20-3-400.2; or (4) The student has not been enrolled in an eligible postsecondary institution for two academic quarters or two academic semesters. (b) If the student defaults on the repayment of one or more GOT loans, the interest rate for such loan or loans shall be converted to the reasonable interest rate as defined in Code Section 20-3-400.1. 20-3-400.6. A student is ineligible for any loan described in this subpart if the student: (1) Is not a United States citizen or a permanent resident alien who meets the definition of an eligible noncitizen under federal Title IV requirements; (2) Has not complied with United States Selective Service System requirements for registration, if such requirements are applicable to the student; (3) Is in default on a federal Title IV educational loan or a State of Georgia educational loan, provided that a student who is otherwise eligible and has fully repaid the defaulted loan will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (4) Owes a refund on a federal Title IV student financial aid program or a Georgia student financial aid program, provided that a student who is otherwise eligible and has fully paid the refund owed will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (5) Has been convicted of a felony offense involving marijuana, a controlled substance, or a dangerous drug as set out in Code Section 20-1-23 or 20-1-24 of the 'Drug-free Postsecondary Education Act of 1990,' provided that such ineligibility extends from the date of conviction to the completion of the next academic term; (6) Is incarcerated; or (7) Does not meet each qualification listed in this subpart and applicable to the student." SECTION 5. Said chapter is further amended by adding a new subpart in Part 3 of Article 7 to read as follows: "Subpart 4C 20-3-405. This subpart shall be known and may be cited as the 'Education for Public Service Student Loan Act.' WEDNESDAY, APRIL 2, 2008 3787 20-3-405.1. As used in this subpart, the term: (1) 'Cost of attendance' of a student means the cost of attendance calculated in accordance with Title IV. (2) 'Education for Public Service Student Loan' or 'EPS Student Loan' means a student loan provided in accordance with the provisions of this subpart. (3) 'Eligible high school' has the same meaning as set forth in Code Section 20-3-519. (4) 'Eligible postsecondary institution' means: (A) A unit of the University System of Georgia that offers associate degrees, baccalaureate degrees, or graduate degrees; or (B) An institution of higher education located in this state that offers associate degrees, baccalaureate degrees, or graduate degrees; that is accredited by a regional accrediting agency recognized by the United States Department of Education; that is not a Bible school or college; that admits as regular students only persons who have a high school diploma, a general educational development diploma, or a degree from an accredited postsecondary institution; and whose students are eligible to participate in the federal Pell Grant program. (5) 'Employee' means an individual who receives an Internal Revenue Service Form W-2 from the employer and who is an employee as defined in Code Section 34-9-1 for purposes of workers compensation. (6) 'First degree' means the first baccalaureate degree or the first graduate degree completed by a student with the assistance of an EPS Student Loan. (7) 'Graduate degree' means a degree earned after a student has earned a baccalaureate degree, including, but not limited to, a masters degree, a juris doctor degree, or a medical doctor degree. (8) 'Public service' means service as an employee of any of the following: the State of Georgia; an agency or instrumentality of this state; the executive, legislative, or judicial branch of government of this state; a political subdivision of this state; the University System of Georgia or any unit of the university system; an authority or public corporation of this state; a local board of education of this state; or an agency or instrumentality of a political subdivision of this state. (9) 'Reasonable interest rate' means an interest rate no higher than the Wall Street Journal prime rate effective on July 1 for the fiscal year beginning July 1 of each year. The reasonable interest rate for the fiscal year shall apply to all outstanding EPS Student Loans during that fiscal year without regard for the interest rate at the time of a loans origination or at the time of the students default, except for EPS Student Loans that: (A) Have been converted to 1 percent interest loans in accordance with subsection (a) of Code Section 20-3-405.3; and (B) Have been converted to interest-free loans in accordance with subsection (b) of Code Section 20-3-405.3. (10) 'Second degree' means the second degree completed by a student with the assistance of an EPS Student Loan. 3788 JOURNAL OF THE SENATE (11) 'Title IV' means Title IV of the federal Higher Education Act of 1965, 20 U.S.C. Section 1070, et seq. (12) 'Undergraduate degree' means a baccalaureate degree. 20-3-405.2. (a) The authority is authorized to provide direct loans to students who are legal residents of this state and who are not ineligible under Code Section 20-3-405.7 in accordance with the provisions of this subpart and regulations of the authority promulgated to implement this subpart. (b) The repayment period for an EPS Student Loan shall be ten years; provided, however, that, subject to the provisions of Code Section 20-3-405.6, the commission may provide by regulation for deferral of payments and forbearance of payments similar to deferral and forbearance under federal student loan programs. The maximum amount of an EPS Student Loan shall be the lesser of $10,000.00 or the cost of attendance for a calendar year minus the estimated amount of the students loans, grants, and scholarships, including loans, grants, and scholarships provided under Title IV, for the calendar year for which such loan is sought. The maximum amount of EPS Student Loans for a degree shall be $10,000.00 times the number of academic years required for a full-time student to earn the degree. (c) A student may apply for an EPS Student Loan annually. A student who is a legal resident of this state and who has graduated from an eligible high school shall be eligible for an EPS Student Loan for the first year of attendance at an eligible postsecondary institution. Any student who is a legal resident of this state attending an eligible postsecondary institution is eligible for an EPS Student Loan for the second and subsequent years of attendance. A student who is otherwise eligible for an EPS Student Loan is eligible for such a loan for expenses as a student seeking an associate degree, baccalaureate degree, and a graduate degree. (d) Except as otherwise provided by subsections (a) and (b) of Code Section 20-3405.3, the interest rate for an EPS Student Loan shall be a reasonable interest rate as defined by paragraph (9) of Code Section 20-3-405.1 and as established by the authority by rule or regulation. (e) The promissory note signed for each EPS Student Loan shall include a statement of the requirements a student must meet for conversion of the loan to a 1 percent loan and for conversion of the loan to an interest-free loan. 20-3-405.3. (a) Subject to the provisions of Code Section 20-3-405.4, the annual interest rate for any EPS Student Loan shall be converted to 1 percent retroactive to the origination date of the EPS Student Loan for each student who: (1) Completes his or her course of study and earns the degree with a cumulative grade point average no lower than 2.0 on a 4.0 scale; and (2) Completes the number of years of public service required by this paragraph: (A) If a student has earned one degree with the assistance of one or more EPS WEDNESDAY, APRIL 2, 2008 3789 Student Loans, the annual interest rate for each such EPS Student Loan shall be converted to 1 percent after the completion of five years of public service; or (B) In the case of a student who has earned two degrees with the assistance of two or more EPS Student Loans, the interest rate for any EPS Student Loan used for the first degree shall be converted to 1 percent after the student has completed five years of public service. The interest rate for any EPS Student Loan used for the second degree may be converted to 1 percent after the student has completed ten years of public service, or the student may elect to apply the sixth through tenth years of public service to convert the EPS Student Loans used for the first degree to interestfree loans under subsection (b) of this Code section. In the case of a student whose public service preceded the students earning of the degree, the conversion of the EPS loans to 1 percent shall be on the date the student earns the degree. (b) Subject to the provisions of Code Section 20-3-405.4, an EPS Student Loan for the first degree may be converted to an interest-free loan retroactive to the origination date of the EPS Student Loan for each student who: (1) Completes his or her course of study and earns the degree with a cumulative grade point average no lower than 2.0 on a 4.0 scale; and (2) Completes the number of years of public service required by this paragraph, and for conversion of one or more EPS Student Loans, completes five years of public service in addition to: (A) The service required by subparagraph (A) of paragraph (2) of subsection (a) of this Code section, for a total of ten years of public service, if the student earned one degree with the assistance of EPS Student Loans, or the student may elect to apply the fifth through tenth years of public service to conversion of EPS loans for a second degree to 1 percent loans; or (B) The service required by subparagraph (B) of paragraph (2) of subsection (a) of this Code section, for a total of 15 years of public service, to convert the loan or loans for the second degree if the student earned two degrees with the assistance of EPS Student Loans. In the case of a student whose public service preceded the students earning of the degree, the conversion of the EPS loans to interest-free loans shall be on the date the student earns the degree. (c) When the annual interest rate is converted to 1 percent in accordance with subsection (a) of this Code section, the authority shall recalculate the balance owed on the loan to reflect the retroactive change in the interest rate. (d) The steps of the recalculation required by subsections (a) and (c) of this Code section shall include the following: (1) Calculate the total interest paid by the student on the loan to date; (2) Calculate the total principal paid by the student on the loan to date; (3) Calculate the total of fees other than interest paid by the student on the loan to date; (4) Calculate the current balance owed on the loan by subtracting the principal paid 3790 JOURNAL OF THE SENATE by the student on the loan to date from the original amount borrowed; (5) Calculate the amount of interest due on the loan from its origination to date at the rate of 1 percent; (6) Subtract the amount of interest due at 1 percent calculated in paragraph (5) of this subsection from the total interest paid by the student to date calculated in paragraph (1) of this subsection; (7) Add the difference calculated in paragraph (6) of this subsection to the principal paid by the student to date in paragraph (2) of this subsection; this sum shall become the new total principal paid by the student on the loan; and (8) Subtract the new principal paid calculated in paragraph (7) of this subsection from the original amount borrowed by the student in this loan to produce the new balance owed by the student on the loan. If the new principal paid calculated in paragraph (7) of this subsection equals or exceeds the original amount borrowed by the student in this loan, the new balance is zero. (e) When an EPS Student Loan is converted to an interest-free loan in accordance with subsection (b) of this Code section, the authority shall recalculate the balance owed on the loan to reflect the retroactive change in the interest rate. This recalculation shall be based upon the loan as it exists when it is converted to an interest-free loan. (f) The steps of the recalculation required by subsections (b) and (e) of this Code section shall include the following: (1) Calculate the total interest paid by the student on the loan to date; (2) Calculate the total principal paid by the student on the loan to date; (3) Calculate the total of fees other than interest paid by the student on the loan to date; (4) Calculate the current balance owed on the loan by subtracting the principal paid by the student on the loan to date from the original amount borrowed; (5) Add the amount of interest calculated in paragraph (1) of this subsection to the principal paid by the student to date in paragraph (2) of this subsection; this sum shall become the new total principal paid by the student on the loan; and (6) Subtract the new principal paid calculated in paragraph (5) of this subsection from the original amount borrowed by the student in this loan to produce the new balance owed by the student on the loan. If the new principal paid calculated in paragraph (5) of this subsection equals or exceeds the original amount borrowed by the student in this loan, the new balance is zero. 20-3-405.4. When a student meets the requirements for conversion of one or more EPS loans to a 1 percent rate or to an interest-free loan or loans, the student may elect to waive the conversion of the EPS loan or loans for that degree and apply all or part of the students years of completed public service to one or more EPS loans for a subsequent degree, without regard to whether such EPS loan or loans for a subsequent degree exist at the time of the students election. In any event, each year of completed public service may be applied only to a single degree and the student is not authorized to change an WEDNESDAY, APRIL 2, 2008 3791 election after notifying the authority in writing of his or her election. 20-3-405.5. (a) The authority shall establish and maintain a separate fund for loans in accordance with this subpart to which shall be credited: (1) State funds appropriated for use for EPS Student Loans; (2) Moneys received by gift, donation, or otherwise for EPS Student Loans; (3) Outstanding EPS Student Loans held by the authority; and (4) Principal and interest collected on EPS Student Loans held by the authority. (b) Beginning with the first fiscal year following the fiscal year in which the fund has a balance of $500,000.00 or more, for each fiscal year, the authority shall determine the amount of moneys available for loans under this subpart and shall determine which eligible applicants receive loans by a random selection process in which each eligible applicant has an equal chance of being selected for a loan. (c) The authority shall be entitled to establish a reasonable fee for the processing and collecting of EPS Student Loans. Such fees shall be established by the authority by rule or regulation. 20-3-405.6. (a) The authority shall by rule and regulation establish a repayment schedule or schedules for EPS Student Loans. Students shall be required to pay accrued interest annually on the loan or loans while attending a postsecondary institution except in cases of financial hardship. Students shall not be required to begin the repayment of the principal of such loans until the earliest occurrence of one of the following: (1) The student completes his or her course of study; (2) The student graduates from an eligible postsecondary institution; (3) A calendar year has passed since the student borrowed the maximum amount of EPS loans for the degree the student is seeking under subsection (b) of Code Section 20-3-405.2; or (4) The student has not been enrolled in an eligible postsecondary institution for two academic quarters or two academic semesters. (b) If the student defaults on the repayment of one or more EPS loans, the interest rate for such loan or loans shall be converted to the reasonable interest rate as defined in Code Section 20-3-405.1. 20-3-405.7. A student is ineligible for any loan described in this subpart if the student: (1) Is not a United States citizen or a permanent resident alien who meets the definition of an eligible noncitizen under federal Title IV requirements; (2) Has not complied with United States Selective Service System requirements for registration, if such requirements are applicable to the student; (3) Is in default on a federal Title IV educational loan or a State of Georgia educational loan, provided that a student who is otherwise eligible and has fully 3792 JOURNAL OF THE SENATE repaid the defaulted loan will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (4) Owes a refund on a federal Title IV student financial aid program or a Georgia student financial aid program, provided that a student who is otherwise eligible and has fully paid the refund owed will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (5) Has been convicted of a felony offense involving marijuana, a controlled substance, or a dangerous drug as set out in Code Section 20-1-23 or 20-1-24 of the 'Drug-free Postsecondary Education Act of 1990,' provided that such ineligibility extends from the date of conviction to the completion of the next academic term; (6) Is incarcerated; or (7) Does not meet each qualification listed in this subpart and applicable to the student." SECTION 6. Said chapter is further amended by adding a new subpart in Part 3 of Article 7 to read as follows: "Subpart 4D 20-3-409. (a) Each Georgia income tax return form for taxable years beginning on or after January 1, 2008, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the funds established for student loans by Code Sections 20-3-395.2, 20-3-400.4, and 20-3-405.5 by either donating all or any part of any tax refund due and 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 shall include a description of the purposes for which these funds were established and the intended use of moneys received from the contributions, and shall explain that any donation will be evenly divided between the three funds. Each taxpayer required to file a state income tax return who desires to contribute to these funds may designate such contribution as provided 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 authority for even division among and deposit in the funds established by Code Sections 20-3-395.2, 20-3-400.4, and 203-405.5." SECTION 7. Said chapter is further amended by revising Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship at a public postsecondary institution, as follows: "20-3-519.2. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (1) Meet residency requirements by: meeting WEDNESDAY, APRIL 2, 2008 3793 (A) Meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded. Notwithstanding the foregoing, a dependent child of military personnel stationed in Georgia shall be deemed to be a legal resident of Georgia and, subject to meeting all other eligibility requirements, shall be eligible to receive the HOPE scholarship as a freshman if the student graduated from a high school located in Georgia or from a home study program meeting the requirements of Code Section 20-2-690 that is located in Georgia; (2) Meet achievement standards by: (A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1993 or thereafter and meeting the requirements set out in the applicable subsection and paragraph of Code Section 202-157; or (B) In the case of a student who is otherwise qualified but: (i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993, provided that such student shall only be eligible for a HOPE scholarship pursuant to subsection (e) of this Code section; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; or (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary 3794 JOURNAL OF THE SENATE institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) Meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution: (i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a parttime student and has maintained part-time student status for three consecutive quarters or semesters; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate or first professional degree at a public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) Meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance WEDNESDAY, APRIL 2, 2008 3795 Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, being accepted into the first professional degree program of study prior to receiving a baccalaureate degree. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate or a first professional degree at a public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) Meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in 3796 JOURNAL OF THE SENATE subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, being accepted into the first professional degree program of study prior to receiving a baccalaureate degree. (e)(1)(A) A full-time student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter or 30 semester hours without a HOPE scholarship. An otherwise eligible full-time student who regains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the full-time student has attempted 90 or 135 quarter hours or 60 or 90 semester hours may requalify for a HOPE scholarship. (B) An otherwise eligible part-time student who regains or attains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the part-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attain or requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter hours or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester or at the end of three consecutive quarters or semesters for a part-time student pursuant to paragraph (2) of subsection (b) of this Code section shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (f) For students eligible for a HOPE scholarship under this Code section, no minimum number of hours of enrollment is required. (g)(1) Except as set out in paragraph (2) of this subsection, a student may receive the HOPE scholarship until the first of these events: (A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate or first professional degree program WEDNESDAY, APRIL 2, 2008 3797 designed to be more than 190 quarter hours or 127 semester hours in length is eligible to receive the HOPE scholarship for the lesser of: (A) A total of 225 attempted quarter hours or 150 attempted semester hours; or (B) The number of hours required for graduation if the student has a cumulative grade point average of at least 3.0 after the term in which the student attempted 190 quarter hours or 127 semester hours. (h)(1) Subject to the amounts appropriated by the General Assembly and provisions relating to the Lottery for Education Account in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall include tuition, approved mandatory fees, and a book allowance not to exceed $100.00 per quarter or $150.00 per semester, except as otherwise provided for in paragraphs (2) and (3) of this subsection. (2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, the amount of mandatory fees paid shall be equal to such amount or amounts that were paid on January 1, 2004, except as otherwise provided for in Code Section 50-27-13. (3) Paragraph (2) of this subsection shall not apply to an eligible public postsecondary institution established by law on or after January 1, 2004. For any eligible public postsecondary institution established on or after January 1, 2004, the amount of the mandatory fees paid shall be equal to such amount or amounts initially approved for that new eligible public postsecondary institution for its first year of operation by action of the board of regents or the Department of Technical and Adult Education, as applicable, except as otherwise provided for in Code Section 50-27-13." SECTION 8. Said chapter is further amended by revising Code Section 20-3-519.3, relating to eligibility requirements for a HOPE scholarship at a private postsecondary institution, as follows: "20-3-519.3. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) Meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code 3798 JOURNAL OF THE SENATE Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded. Notwithstanding the foregoing, a dependent child of military personnel stationed in Georgia shall be deemed to be a legal resident of Georgia and, subject to meeting all other eligibility requirements, shall be eligible to receive the HOPE scholarship as a freshman if the student graduated from a high school located in Georgia or from a home study program meeting the requirements of Code Section 20-2-690 that is located in Georgia; (2) Meet achievement standards by: (A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1996 or thereafter and meeting the requirements set out in the applicable paragraph of subsection (b) of Code Section 20-2-157; or (B) In the case of a student who is otherwise qualified but: (i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993, provided that such student shall only be eligible for a HOPE scholarship pursuant to subsection (e) of this Code section; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; or (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day of the institutions drop and add period. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) Meeting the requirements to be classified as a legal resident of Georgia as WEDNESDAY, APRIL 2, 2008 3799 established by the program regulations promulgated by the Georgia Student Finance Commission; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution: (i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a halftime student and has maintained part-time student status for three consecutive quarters or semesters; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day of the institutions drop and add period. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate or first professional degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) Meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code 3800 JOURNAL OF THE SENATE Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or provided that in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, have been accepted into the first professional degree program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day of the institutions drop and add period. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate or first professional degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) Meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: WEDNESDAY, APRIL 2, 2008 3801 (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, being accepted into the first professional degree program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day of the institutions drop and add period. (e)(1)(A) An otherwise eligible full-time student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter hours or 30 semester hours without a HOPE scholarship. A full-time student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the full-time student has attempted 90 quarter hours or 60 semester hours may requalify for a HOPE scholarship. A full-time student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the full-time student has attempted 135 quarter hours or 90 semester hours may requalify for a HOPE scholarship. (B) An otherwise eligible half-time student who regains or attains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the half-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attain or requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester or at the end of three consecutive quarters or semesters for a half-time student pursuant to paragraph (2) of subsection (b) of this Code section shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (f)(1) Except as set out in paragraph (2) of this subsection, a student may receive a HOPE scholarship until the first of these events: (A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate or first professional degree program designed to be more than 190 quarter hours or 127 semester hours in length is eligible to receive a HOPE scholarship for the lesser of: (A) A total of 225 attempted quarter hours or 150 attempted semester hours; or (B) The number of hours required for graduation if the student has a cumulative grade point average of at least 3.0 after the term in which the student attempted 190 quarter hours or 127 semester hours. 3802 JOURNAL OF THE SENATE (g)(1) Except as provided for in paragraph (2) of this subsection, subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $3,000.00 for any academic year. (2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $1,500.00 for half-time enrollment and $3,000.00 for full-time enrollment for any academic year." SECTION 9. 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 169. The consent was granted, and the Senate disagreed to the House substitute to SB 169. The following bill was taken up to consider House action thereto: HB 958. By Representatives Rice of the 51st, Lindsey of the 54th, Mumford of the 95th, Coleman of the 97th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to clarify the appeal procedure for certain judgments; to provide for additional information in statements of claim; to revise the procedures for applying to vacate a judgment; to revise the requirements for use of postjudgment interrogatories; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Cowsert of the 46th asked unanimous consent that the Senate insist on its amendment to HB 958. The consent was granted, and the Senate insisted on its amendment to HB 958. The following bill was taken up to consider House action thereto: SB 340. By Senators Pearson of the 51st, Rogers of the 21st, Johnson of the 1st, Williams of the 19th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official WEDNESDAY, APRIL 2, 2008 3803 Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to prohibit sanctuary policies by local governmental entities; 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 13-10-91 of the Official Code of Georgia Annotated, relating to verification of new employee information, so as to provide for action by the Attorney General under certain circumstances; to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to prohibit sanctuary polices by local governmental entities; to provide for action by the Attorney General under certain circumstances; to amend Code Section 50-36-1 of the Official Code of Georgia Annotated, relating to the verification requirements, procedures, and conditions for determining lawful presence in the United States, so as to provide for action by the Attorney General under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 13-10-91 of the Official Code of Georgia Annotated, relating to the verification of new employee information, is amended by adding a new subsection to read as follows: "(f) If a public employer fails to abide by any requirement of this Code section, the Attorney General of this state shall have the authority to bring an action against such public employer, in his or her discretion, as may be appropriate to enforce compliance with this Code section." SECTION 2. Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, is amended by adding a new Code section to read as follows: "36-80-22. (a) As used in this Code section, the term: (1) 'Federal officials or law enforcement officers' means any person employed by the United States government for the purpose of enforcing or regulating federal immigration laws and any peace officer certified by the Georgia Peace Officer 3804 JOURNAL OF THE SENATE Standards and Training Council where such federal official or peace officer is acting within the scope of his or her employment for the purpose of enforcing federal immigration laws or preserving homeland security. (2) 'Immigration status' means the legality or illegality of an individuals presence in the United States as determined by federal law. (3) 'Immigration status information' means any information, including but not limited to any statement, document, computer generated data, recording, or photograph, which is relevant to immigration status or the identity or location of an individual who is reasonably believed to be illegally residing within the United States or who is reasonably believed to be involved in domestic terrorism as that term is defined in Code Section 16-4-10 or a terroristic act as that term is defined by Code Section 35-362. (4) 'Local governing body' means any political subdivision of this state, including any county, consolidated government, municipality, authority, school district, commission, board, or any other local public body corporate, governmental unit, or political subdivision. (5) 'Local official or employee' means any official, employee, contractor, agent, or certified peace officer acting on behalf of or in conjunction with a local governing body whether employed for compensation or acting on a voluntary or nonprofit basis. (6) 'Sanctuary policy' means any regulation, rule, policy, or practice adopted by a local governing body which prevents or tends to prevent local officials or employees from communicating or cooperating with federal officials or law enforcement officers with regard to reporting the immigration status of any person or otherwise providing immigration status information while such local official or employee is acting within the scope of his or her official duties. (b) No local governing body, whether acting through its governing body or by an initiative, referendum, or any other process, shall enact, adopt, implement, or enforce any sanctuary policy. (c) If a local governing body acts in violation of this Code section or fails to cooperate with federal officials or law enforcement officers with regard to reporting the immigration status of any person or otherwise fails to reasonably provide immigration status information to a federal official or law enforcement officer, the Attorney General of this state shall have the authority to bring an action against such local governing body, in his or her discretion, as may be appropriate to enforce compliance with this Code section." SECTION 3. Code Section 50-36-1, relating to the verification requirements, procedures, and conditions for determining lawful presence in the United States, is amended by adding a new subsection to read as follows: "(k) If an agency or political subdivision of this state fails to abide by any requirement of this Code section, the Attorney General of this state shall have the authority to bring an action against such agency or political subdivision of this state, in his or her discretion, as may be appropriate to enforce compliance with this Code section." WEDNESDAY, APRIL 2, 2008 3805 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 Pearson of the 51st moved that the Senate agree to the House substitute to SB 340 as amended by the following amendment: Amend the House Committee on Judiciary substitute to SB 340 by inserting after "circumstances;" on line 10 of page 1 "to provide for certain private rights of action;" By inserting after "section" on line 19 of page 1 the following: and a private party may bring by mandamus, declaratory judgment, or other proceeding in law or equity an action to enforce compliance with this Code section By inserting after "section" on line 36 of page 2 the following: and a private party may bring by mandamus, declaratory judgment, or other proceeding in law or equity an action to enforce compliance with this Code section By inserting after "section" on line 8 of page 3, the following: and a private party may bring by mandamus, declaratory judgment, or other proceeding in law or equity an action to enforce compliance with this Code section On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour N Brown Y Bulloch Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Heath Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas,D N Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman 3806 JOURNAL OF THE SENATE Y Hamrick Y Harbison Y Harp Y Hawkins Y Powell N Ramsey Y Reed Y Rogers Y Weber Y Wiles Y Williams On the motion, the yeas were 47, nays 5; the motion prevailed, and the Senate agreed to the House substitute to SB 340 as amended by the Senate. The Calendar was resumed. HB 1300. By Representatives Carter of the 175th, Dickson of the 6th, Coleman of the 97th, Teilhet of the 40th and Lindsey of the 54th: A BILL to be entitled an Act to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to the minimum school year and other matters, so as to provide that certain school days which were canceled due to disaster, emergency, act of God, and other occurrences do not have to be made up under certain circumstances; to provide for definitions; 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: Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Goggans Y Golden Y Grant Y Hamrick Y Heath Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber WEDNESDAY, APRIL 2, 2008 3807 Y Harbison Y Harp Y Hawkins Y Ramsey Y Reed Y Rogers Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. HB 1300, having received the requisite constitutional majority, was passed. Senator Seabaugh of the 28th asked unanimous consent that HB1321, HB 367, HB 373, HB 319, HB 977, HB 1043, HB 1234, HB 180, HB 336, HB 905, HB 1015, HB 1193, HB 1226, and HB 1286 be placed on the Table. The consent was granted, and all the bills were placed on the Table. Senator Seabaugh of the 28th moved that the following bill, having been placed on the Table previously today, be taken from the Table: HB 257. By Representatives Yates of the 73rd and Knight of the 126th: 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 change certain provisions relating to carrying deadly weapons to or at public gatherings; to provide for constables to carry pistols in publicly owned or operated buildings; to exempt constables from the prohibition of carrying weapons within school safety zones, at school functions, or on school property; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Douglas of the 17th. Senator Fort of the 39th 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 Carter Y Chance Y Chapman Y Cowsert Y Heath N Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson N Jones Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton N Stoner N Tarver Tate 3808 JOURNAL OF THE SENATE N Davenport Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins N Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey N Reed Y Rogers Y Thomas,D N Thomas,R N Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 36, nays 18; the motion prevailed, and HB 257 was taken from the Table. Senator Balfour of the 9th moved the previous question. There was no objection. The Carter, Cowsert amendment #1, and the Douglas et al. amendment #2, were adopted earlier today. The Fort et al. amendment #3 can be found earlier in today's Journal. On the adoption of the Fort et al. amendment #3, after reconsideration, the President ordered a roll call, and the vote was as follows: Y Adelman N Balfour Y Brown N Bulloch Y Butler N Carter N Chance N Chapman N Cowsert Y Davenport N Douglas Y Fort N Goggans N Golden N Grant N Hamrick N Heath Y Henson C Hill,Jack N Hill,Judson Y Hooks N Hudgens N Jackson N Johnson Y Jones Y Me V Bremen N Moody N Mullis N Murphy Y Orrock N Pearson N Powell N Schaefer N Seabaugh Y Seay N Shafer,D N Smith N Staton Y Stoner Y Tarver Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman N Weber WEDNESDAY, APRIL 2, 2008 3809 Y Harbison N Harp N Hawkins Y Ramsey Y Reed N Rogers N Wiles N Williams On the adoption of the amendment, the yeas were 20, nays 35, and the Fort et al. amendment #3 was lost. Senator Heath of the 31st offered the following amendment #4: Amend HB 257 by adding the word "chief" before the word magistrate on line 16 of page 1 On the adoption of the amendment, the President asked for unanimous consent. Senator Grant of the 25th objected. On the adoption of the amendment, the yeas were 4, nays 36, and the Heath amendment #4 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 N Butler Y Carter Y Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath N Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson N Jones Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton N Stoner N Tarver N Tate Y Thomas,D N Thomas,R Y Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams 3810 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 37, nays 17. HB 257, having received the requisite constitutional majority, was passed as amended. The following bill was taken up to consider House action thereto: SB 429. By Senators Bulloch of the 11th, Goggans of the 7th, Douglas of the 17th, Heath of the 31st and Hudgens of the 47th: A BILL to be entitled an Act to provide for enforcement of state laws pertaining to functions assigned to the Department of Agriculture; to provide for certain other enforcement powers of department employees; to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to redesignate and change certain provisions relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally; 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 429 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, Goggans of the 7th and Douglas of the 17th. The following bill was taken up to consider House action thereto: HB 1246. By Representatives Peake of the 137th, Royal of the 171st and Parrish of the 156th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding state income taxes, so as to change certain provisions regarding income tax credits for certain business enterprises by including broadcasting; to change certain provisions regarding income tax credits for business enterprises in less developed areas by including broadcasting; to change certain provisions regarding income tax credits for qualified research expenses by including broadcasting; to change certain provisions regarding alternative tax credits for base year port traffic increases by including broadcasting; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. WEDNESDAY, APRIL 2, 2008 3811 Senator Rogers of the 21st asked unanimous consent that the Senate insist on its substitute to HB 1246. The consent was granted, and the Senate insisted on its substitute to HB 1246. The following bill was taken up to consider House action thereto: SB 300. By Senators Rogers of the 21st and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, so as to provide for the creation of and maintenance by the department of a website which provides public access to certain state expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Audits and Accounts and the Department of Revenue; 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 300 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, Pearson of the 51st and Heath of the 31st. The following bill was taken up to consider House action thereto: HB 1116. By Representative Barnard of the 166th: 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 modify certain provisions relating to the "Probation Management Act of 2004"; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Grant of the 25th asked unanimous consent that the Senate insist on its amendments to HB 1116. The consent was granted, and the Senate insisted on its amendments to HB 1116. The following bill was taken up to consider House action thereto: 3812 JOURNAL OF THE SENATE SB 154. By Senators Murphy of the 27th, Pearson of the 51st, Johnson of the 1st, Rogers of the 21st, Shafer of the 48th and others: A BILL to be entitled an Act to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable only to municipal corporations, so as to provide that municipal corporations and newly incorporated municipalities enter into certain agreements with solid waste collection firms providing services for the territory annexed or incorporated; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Murphy of the 27th asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 154 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Murphy of the 27th, Pearson of the 51st and Cowsert of the 46th. The following bill was taken up to consider House action thereto: HB 1280. By Representatives Stephens of the 164th, Bearden of the 68th, Shaw of the 176th, Roberts of the 154th and May of the 111th: 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 state licensing of regional economic assistance projects to sell certain alcoholic beverages; to provide requirements and conditions of such license; to provide for powers, duties, and authority of the state revenue commissioner; to amend Article 8 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to encouragement of state agencies to give certified projects priority in licensing and processing grants and authorization for sale of alcoholic beverages, so as to move the provisions relating to the sales of certain alcoholic beverages by regional economic assistance projects to Title 3 of the Official Code of Georgia Annotated; 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 amendment to HB 1280. The consent was granted, and the Senate insisted on its amendment to HB 1280. Senator Williams of the 19th moved that the Senate stand in recess until 12:00 midnight, then adjourn until 10:00 a.m. Friday, April 4, 2008. WEDNESDAY, APRIL 2, 2008 3813 At 7:19 p.m. the President announced that the motion prevailed. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 518. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, so as to include contracts, agreements, and instruments for the removal of dents, dings, or creases in a motor vehicle without affecting the existing paint finish using paintless dent repair techniques within the definition of property insurance in a manner similar to vehicle service agreements or extended warranty agreements; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 328. By Senators Heath of the 31st, Schaefer of the 50th and Murphy of the 27th: 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 a short title; to provide that persons who first or again become a member of such retirement system on or after July 1, 2008, shall have accounts in the state deferred compensation plan; to provide for an employer contribution; to provide for rules and regulations; to reduce the percent of a members compensation used to calculate a retirement benefit from 2 percent to 1 percent; to provide for applicability; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. SB 488. By Senators Rogers of the 21st, Pearson of the 51st, Orrock of the 36th, Adelman of the 42nd and Hill of the 32nd: 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, 3814 JOURNAL OF THE SENATE and renewal of drivers licenses, so as to allow foreign nationals to keep their license from their home country; to exempt nonresidents from getting a Georgia license as long as they meet all licensing requirements in Georgia except for residency; to provide that verification of lawful presence in the United States is necessary to receive a temporary drivers license; to provide that the maximum term of a temporary license is three years; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Mr. President: The House has disagreed to the Senate substitute to the following Bill of the House: HB 1168. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-13-51 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, collection, and expenditure of proceeds of such tax; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute, as amended by the House, to the following Bills of the House: HB 470. By Representatives Parrish of the 156th, Rice of the 51st, Parham of the 141st and Powell of the 29th: A BILL to be entitled an Act to repeal Article 28 of Chapter 1 of Title 10 of the O.C.G.A., relating to motor vehicle warranty rights; to enact a new Article 28 of Chapter 1 of Title 10 to be known as the "Georgia Lemon Law"; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for documents and information to be provided to consumers; to provide for a duty of the manufacturer to repair and correct nonconformities; to provide for replacement or repurchase of nonconforming vehicles; to provide for an informal dispute settlement mechanism; to provide for arbitration; to provide for an appeal of the arbitration decision; to require exhaustion of remedies by the consumer; to provide for a new motor vehicle arbitration panel; to provide for resale of a nonconforming vehicle; to provide for collection of a consumer fee; to provide for new motor vehicle dealer liability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, APRIL 2, 2008 3815 HB 1209. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Cole of the 125th, Maxwell of the 17th 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 that a local school system may enter into a contract with the State Board of Education for increased flexibility in exchange for increased accountability; to provide that a local school system can opt for the status quo; to provide for the development of a three-year strategic plan; to change certain provisions relating to waivers to improve student performance; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has disagreed to the Senate amendment to the House substitute to the following Bill of the Senate: SB 355. By Senators Smith of the 52nd, Hamrick of the 30th, Cowsert of the 46th, Harp of the 29th, Meyer von Bremen of the 12th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to provide for the disbursement of certain settlement funds after closing even though such funds are not collected funds; to provide that lenders shall provide loan funds in the form of collected funds at or prior to closing; to provide for related matters; to provide an effective date; 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 Bills of the House: HB 130. By Representatives Hill of the 21st, Mills of the 25th, Meadows of the 5th, England of the 108th and Benton of the 31st: A BILL to be entitled an Act to amend Article 34 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relative to protection from identity theft, so as to provide for security freezes; to provide for definitions; to provide for procedures for placing, removing, and temporarily lifting a security freeze; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 3816 JOURNAL OF THE SENATE HB 670. By Representative Sims of the 169th: 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 wood residuals; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the commissioner 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. HB 969. By Representatives Lunsford of the 110th, Loudermilk of the 14th, Scott of the 2nd, Lewis of the 15th, Davis of the 109th and others: A BILL to be entitled an Act to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be licensed, minimum ages for licenses, school attendance requirements, and driving training requirements, so as to provide that a course of instruction given within the context of a bona fide home schooling program shall constitute an approved driver education training course; to repeal conflicting laws; and for other purposes. HB 1158. By Representatives Stephens of the 164th, Scott of the 153rd, Cooper of the 41st, Channell of the 116th, Oliver of the 83rd and others: A BILL to be entitled an Act to fund the Georgia Trauma Trust Fund; to amend Article 5 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the Georgia Trauma Care Network Commission, so as to provide for certain reports; to provide for intent of the General Assembly with regard to certain funds for funding the Georgia Trauma Trust Fund; 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 impose a charge on certain motor vehicle registrations in this state which shall be transferred to the state treasury for the purpose of funding the Georgia Trauma Trust Fund; to provide for the collection of such charge; to provide an effective date; to repeal conflicting laws; and for other purposes. Pursuant to an earlier adopted motion, the Senate stood adjourned at 12:00 midnight. FRIDAY, APRIL 4, 2008 3817 Senate Chamber, Atlanta, Georgia Friday, April 4, 2008 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 159. By Senators Staton of the 18th, Rogers of the 21st, Chance of the 16th, Seabaugh of the 28th, Golden of the 8th and others: 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 the date for filing applications for homestead exemptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 202. By Senator Rogers of the 21st: 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 revise and redesignate Article 7, relating to state-wide alert systems for missing disabled adults and for unapprehended murder or rape suspects, as new articles in Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation; to provide for editorial revisions; to provide for related matters; to repeal conflicting laws; and for other purposes. 3818 SB 400. SB 435. SB 455. JOURNAL OF THE SENATE By Senators Tolleson of the 20th, Bulloch of the 11th and Meyer von Bremen of the 12th: A BILL to be entitled an Act to provide for enforcement of laws related to forestry and fire; to provide punishments for certain violations of such laws; to amend Part 1 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the State Forestry Commission, so as to change certain provisions relating to forestry investigators; to provide for qualifications and powers of such investigators; to provide for arrests; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain provisions relating to burning of woodlands, brush, fields, or other lands and destruction of or damage to materials or devices used in detection or suppression of wildfires; to provide penalties for certain arson of lands; to consolidate and harmonize certain provisions relating to arson of lands; to repeal conflicting laws; and for other purposes. By Senators Harp of the 29th, Cowsert of the 46th, Staton of the 18th, Chance of the 16th, Wiles of the 37th and others: 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 the name of the Department of Technical and Adult Education to the Technical College System of Georgia; to amend the Official Code of Georgia Annotated to change references to reflect such changes; to provide for related matters; to repeal conflicting laws; and for other purposes. By Senators Adelman of the 42nd, Smith of the 52nd, Meyer von Bremen of the 12th and Harp of the 29th: 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 an effective date; to repeal conflicting laws; and for other purposes. FRIDAY, APRIL 4, 2008 3819 SB 456. By Senators Adelman of the 42nd, Smith of the 52nd, Meyer von Bremen of the 12th and Harp of the 29th: 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 549. By Senator Thomas of the 54th: 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 a three level system of stroke centers; to provide for legislative findings; to provide for definitions; to provide for the development of a model stroke triage assessment tool; to provide for the establishment of protocols related to the assessment, treatment, and transport of stroke patients by licensed emergency medical services providers; to provide for annual reporting; to provide for statutory construction; to provide that a hospital shall not advertise that it is a primary, comprehensive, or support stroke center unless so designated; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute to the following Bills of the House: HB 237. By Representatives Martin of the 47th, Stephens of the 164th, Lewis of the 15th, Watson of the 91st, Royal of the 171st and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change certain provisions regarding exemptions with respect to the sale of certain manufacturing machinery, certain primary handling equipment, certain aircraft machinery or equipment, certain parts, machinery clothing, molds, dies, or tooling, and certain air or water pollution eliminating machinery and equipment; to provide an effective date; to repeal conflicting laws; and for other purposes. 3820 JOURNAL OF THE SENATE HB 250. HB 255. HB 272. HB 422. HB 426. By Representatives Maxwell of the 17th, Jones of the 46th, Rogers of the 26th, Casas of the 103rd, Dickson of the 6th and others: A BILL to be entitled an Act to amend Part 10 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to professional standards, so as to revise certain provisions relating to reports of criminal offenses to local boards of education; to revise certain provisions relating to preliminary investigations of violations; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Bridges of the 10th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 47-1-20 of the Official Code of Georgia Annotated, relating to definitions, so as to expand the definition of the term "public employment related crime"; to repeal conflicting laws; and for other purposes. By Representatives Lewis of the 15th, Stephens of the 164th, Martin of the 47th, Ralston of the 7th, Williams of the 4th 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 a phased-in exemption with respect to state sales and use tax for the sale of natural or artificial gas, electricity, or any other energy used directly or indirectly in the manufacture or processing of tangible personal property; to repeal conflicting laws; and for other purposes. By Representative Willard 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 a minimum amount for liens; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Jones of the 44th, Fludd of the 66th, Sims of the 151st, Rynders of the 152nd and Smith of the 129th: A BILL to be entitled an Act to amend Code Section 32-6-200 of the Official Code of Georgia Annotated, relating to the installation of protective devices at railroad grade crossings, so as to provide for legislative findings; to define a certain term; to provide that local school districts shall provide the Department of Transportation with information FRIDAY, APRIL 4, 2008 3821 regarding rail crossings without active warning devices that are used by school buses; to provide that local school districts shall use best efforts to reroute buses to minimize use of such crossings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 851. By Representatives Peake of the 137th, Martin of the 47th, Royal of the 171st, Stephens of the 164th, Parrish of the 156th and others: A BILL to be entitled an Act to amend Code Section 48-7-29.8 of the Official Code of Georgia Annotated, relating to income tax credits for the certified rehabilitation of historic structures, so as to change the method of calculation of the tax credit; to remove the cap on the amount of credits; to authorize the transfer or assignment of tax credits under certain circumstances; to provide that proceeds received by the taxpayer for the assignment or sale of tax credits shall be exempt from taxation as income; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 1054. By Representatives Cooper of the 41st, Manning of the 32nd, Butler of the 18th, Martin of the 47th, Willard of the 49th and others: A BILL to be entitled an Act to enact the "Children and Family Services Strengthening Act of 2008"; to amend Article 5 of Chapter 11 of Title 15 of the O.C.G.A., relating to the Child Advocate for the Protection of Children, so as to provide the necessary staffing and administrative support to the Georgia Child Fatality Review Panel; to amend Chapter 14 of Title 19 of the O.C.G.A., relating to child abuse and neglect prevention, so as to transfer the functions of the Childrens Trust Fund Commission to the Governors Office for Children and Families; to repeal Code Sections 1914-2 through 19-14-9; to provide for the continued existence of the Childrens Trust Fund; to amend Chapter 15 of Title 19 of the O.C.G.A., relating to child abuse, so as to provide the Office of the Child Advocate for the Protection of Children with certain responsibilities regarding administrative and staff support; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1081. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain definitions regarding such taxation; to provide an effective date; to repeal conflicting laws; and for other purposes. 3822 JOURNAL OF THE SENATE HB 1129. By Representatives Lewis of the 15th, Stephens of the 164th, Williams of the 4th, O`Neal of the 146th, Parrish of the 156th and others: 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 taxation, so as to provide for a program of tax refunds for companies creating and expanding certain tourism attractions; to provide for a short title; to define terms; to state legislative findings; to provide for conditions of eligibility and approval by the Department of Economic Development and a local government; to provide for agreements between that department and companies; to provide for regulations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1151. By Representatives Knight of the 126th, Tumlin of the 38th and Mosby of the 90th: A BILL to be entitled an Act to amend Titles 16 and 48 of the Official Code of Georgia Annotated, relating, respectively, to crimes and offenses and revenue and taxation, so as to change provisions regarding raffle operations by nonprofit, tax-exempt organizations; to change certain provisions regarding bingo definitions and licensing procedures; to change certain provisions regarding organizations exempt from state income tax; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1160. By Representatives Walker of the 107th, Sheldon of the 105th, Smith of the 70th and Forster of the 3rd: A BILL to be entitled an Act to amend Chapter 66A of Title 36 of the Official Code of Georgia Annotated, relating to the transfer of development rights, so as to define certain terms; to provide for the severance of transferable development rights; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 1211. By Representatives Royal of the 171st, Roberts of the 154th, Keen of the 179th, Porter of the 143rd, Cole of the 125th and others: A BILL to be entitled an Act to amend Titles 48 and 36 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and local government, so as to provide for the special assessment of bona fide large forest land conservation use property; to provide for a short title; FRIDAY, APRIL 4, 2008 3823 to change certain definitions regarding ad valorem taxation; to provide for valuation tables; to provide for procedures, conditions, and limitations; to repeal conflicting laws; and for other purposes. HB 1217. By Representatives Jerguson of the 22nd, Williams of the 4th, Glanton of the 76th and Tumlin of the 38th: 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 legislative intent; to provide definitions; to create the State Licensing Board of Home Inspectors; to provide for its membership, appointment, filling of vacancies, terms of office, qualifications, powers and duties, staffing, and meetings; to provide for licensing of home inspectors; to provide for home inspection reports and their contents; to provide for insurance requirements; to provide for related matters; to repeal Article 6 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to documentation by home inspectors; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1235. By Representative Scott of the 153rd: 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 notice of insurance issuance requirements for fleet policies; to provide for the reporting of fleet vehicles to the Georgia Department of Revenue minimum liability insurance data base; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1249. By Representatives Lewis of the 15th, Martin of the 47th, Millar of the 79th, Stephens of the 164th, Loudermilk of the 14th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide for an income tax credit with respect to solar energy technology manufacturing facilities; 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 for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 1273. By Representative Fleming of the 117th: A BILL to be entitled an Act to amend Code Section 48-7-40.1 of the 3824 JOURNAL OF THE SENATE Official Code of Georgia Annotated, relating to income tax credits for businesses creating new jobs in less developed areas, so as to change the criteria for determination of what constitutes a less developed area; to change provisions relating to the number of new jobs created as a criterion for eligibility for credits; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 1281. By Representatives England of the 108th, McCall of the 30th, Roberts of the 154th, Hanner of the 148th, Ehrhart of the 36th and others: 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 prohibit local government restrictions on outdoor water use during periods of drought that are more restrictive than those imposed by the state without certain approval; to provide that political subdivisions may be exempted from outdoor watering restrictions imposed by the state; to prohibit placing certain restrictions on use of surface water for swimming pools; to prohibit placing certain restrictions on use of ground water for swimming pools; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1283. By Representatives Ralston of the 7th, Roberts of the 154th, Shaw of the 176th and Hatfield of the 177th: A BILL to be entitled an Act to provide for legislative findings and purpose; to amend Article 2 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to presumptions and estoppel, so as to provide that occupancy of a railroad right of way is with the permission of the railroad corporation or railroad company, but such presumption may be rebutted; to amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, so as to change provisions relating to the law regarding the alienability of future interests; to change provisions relating to how actual possession of lands is evidenced so as to provide special provisions for railroad corporations or companies; to change provisions relating to constructive possession of lands so as to provide special provisions for railroad corporations or companies; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1346. By Representatives O`Neal of the 146th and Talton of the 145th: 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 create the FRIDAY, APRIL 4, 2008 3825 offense of organized retail theft; to provide for definitions; to provide for forfeiture; 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 1276. By Representatives Royal of the 171st, Roberts of the 154th, Keen of the 179th, Porter of the 143rd, Cole of the 125th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for the special assessment and taxation of bona fide large forest land conservation use property; to provide for bona fide large forest land conservation use tax relief adjustments; to provide for procedures, conditions, and limitations; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The House has disagreed to the Senate substitute to the following Bill of the House: HB 1113. By Representatives Heard of the 104th, Rynders of the 152nd, Houston of the 170th, Morris of the 155th, Royal of the 171st and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, so as to provide definitions; to provide for the requirements of a state purchasing card program; to provide penalties for violators; to authorize the promulgation of rules and regulations; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. 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 493 HB 816 HB 1190 HB 1191 HB 1192 Do Pass by substitute Do Pass Do Pass by substitute Do Pass by substitute Do Pass by substitute HB 1478 HB 1479 HB 1480 HB 1483 HB 1484 Do Pass by substitute Do Pass Do Pass Do Pass Do Pass 3826 JOURNAL OF THE SENATE HB 1416 HB 1437 HB 1447 HB 1452 HB 1469 HB 1471 HB 1472 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 1486 HB 1487 HB 1488 HB 1489 HB 1490 HB 1491 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass by substitute Respectfully submitted, Senator Wiles of the 37th District, Chairman 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. The members pledged allegiance to the flag. Senator Rogers of the 21st introduced the chaplain of the day, Reverend Carl Moore of Woodstock, Georgia, who offered scripture reading and prayer. Senator Moody of the 56th introduced the doctor of the day, Dr. William McDonald. 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 552. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Danielsville, approved March 27, 1998 (Ga. L. 1998, p. 3632), as amended, so as to change provisions relating to administrative and service departments; to provide for changes to the effective date of removal of directors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 557. By Senator Brown of the 26th: A BILL to be entitled an Act to provide a new charter for the City of Allentown; to provide for incorporation, boundaries, and powers of the city; to provide for government of the city by a city council composed of a SB 558. SB 559. SB 561. FRIDAY, APRIL 4, 2008 3827 mayor and councilmembers; to provide for the election, service, compensation, powers, and duties of the mayor and councilmembers; to provide for the powers and procedures of the city council; to provide for city officers, employees, departments, and agencies; to provide for a municipal court and its jurisdiction, powers, officers, and affairs; to provide for municipal elections; to provide for the removal of officers; to provide for the imposition, assessment, collection, and enforcement of various forms of municipal taxation; to repeal a specific Act; to provide an effective date; 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 a board of commissioners for Banks County, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 3058), an Act approved March 21, 1970 (Ga. L. 1970, p. 3297), and an Act approved March 15, 1988 (Ga. L. 1988, p. 3999), so as to provide for an increase in the number of members of the board; to provide for the election of members of the board; to provide for related matters; to provide for a referendum; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes. By Senator Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Quitman County, approved March 16, 1994 (Ga. L. 1994, p. 3689), as amended, so as to change certain provisions regarding the compensation of the chairperson and members of the board and provide for a monthly salary in lieu of per diem; to provide an effective date; to repeal conflicting laws; and for other purposes. By Senator Mullis of the 53rd: A BILL to be entitled an Act to provide for a homestead exemption from City of Fort Oglethorpe 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 an exemption in the amount of $40,000.00 of the assessed value of the homestead for residents of that city who are at least 60 but less than 70 years of age; to provide an exemption in the amount of the full value of the assessed value of the homestead for residents of that city who are 70 years of age or older or who are totally 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 3828 JOURNAL OF THE SENATE 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 325. By Senator Reed of the 35th: A BILL to be entitled an Act to amend an Act to provide a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes, approved April 19, 2000 (Ga. L. 2000, p. 4462), so as to increase the amount of such exemption; 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 substitute, as amended by the House, to the following Bill of the House: HB 1329. By Representatives Lane of the 158th and Stephens of the 164th: A BILL to be entitled an Act to create the Bryan County Water and Sewer Authority; to provide a short title; to provide for definitions; to provide for the appointment of members of the board; to provide for organization and rules; to provide for powers and duties; to provide for financing of projects; to provide for revenue bonds; to provide for trust indentures and sinking funds; to provide for jurisdiction, venue, and remedies; to provide for validation; to provide for certain trust funds; to provide for audits; to provide for immunity; to provide for rules and regulations; to provide for construction; to provide for supplemental powers; to provide for other related matters; to repeal conflicting laws; and for other purposes. Senator Thompson of the 33rd recognized Clement O. McIntosh II on the occasion of his retirement, commended by SR 1320, adopted today. Clement O. McIntosh II addressed the Senate briefly. 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: FRIDAY, APRIL 4, 2008 3829 SB 300. By Senators Rogers of the 21st and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, so as to provide for the creation of and maintenance by the department of a website which provides public access to certain state expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Audits and Accounts and the Department of Revenue; to provide for related matters; 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, and Martin of the 47th. The following resolutions were read and adopted: HR 1115. By Representatives Williams of the 165th, Smyre of the 132nd, Brooks of the 63rd, McCall of the 30th, Murphy of the 120th and others: A RESOLUTION urging the Martin Luther King, Jr., National Memorial Project Foundation to use granite from Georgia; and for other purposes. SR 1311. By Senator Butler of the 55th: A RESOLUTION commending Officer Paul Ascenzo; and for other purposes. SR 1312. By Senator Butler of the 55th: A RESOLUTION commending the Stephenson High School Lady Jaguars basketball team on winning the GHSA girls AAAAA state championship; and for other purposes. SR 1313. By Senator Butler of the 55th: A RESOLUTION recognizing and commending the Redan Lady Radars basketball team on an outstanding season; and for other purposes. SR 1314. By Senators Johnson of the 1st, Harbison of the 15th, Harp of the 29th and Williams of the 19th: A RESOLUTION commending Major General Rick Lynch and the Adopt-aSoldier program; and for other purposes. 3830 JOURNAL OF THE SENATE SR 1315. By Senators Davenport of the 44th, Jones of the 10th, Orrock of the 36th, Brown of the 26th, Reed of the 35th and others: A RESOLUTION commending Ms. Vonia Good; and for other purposes. SR 1316. By Senator Meyer von Bremen of the 12th: A RESOLUTION commending and congratulating Charles Ferguson on the occasion of his retirement; and for other purposes. SR 1317. By Senators Chapman of the 3rd, Johnson of the 1st and Williams of the 19th: A RESOLUTION commending Bill Keim; and for other purposes. SR 1318. By Senators Smith of the 52nd and Hill of the 4th: A RESOLUTION commending David LeBlang on his service as a legislative intern; and for other purposes. SR 1319. By Senators Smith of the 52nd and Hill of the 4th: A RESOLUTION commending Robert Pittman on his service as a legislative intern; and for other purposes. SR 1320. By Senators Thompson of the 33rd, Johnson of the 1st, Adelman of the 42nd, Reed of the 35th and Williams of the 19th: A RESOLUTION commending Clement O. McIntosh II; and for other purposes. SR 1321. By Senator Weber of the 40th: A RESOLUTION celebrating the 100th anniversary of the founding of the City of Chamblee, Georgia; and for other purposes. SR 1322. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Mr. Larry N. Wofford on the occasion of his retirement as President of the Communications Workers of America; and for other purposes. FRIDAY, APRIL 4, 2008 3831 SR 1323. By Senator Harbison of the 15th: A RESOLUTION commending Dr. Leland McCluskey; and for other purposes. SR 1324. By Senator Harbison of the 15th: A RESOLUTION commending Bonnie Franco; and for other purposes. SR 1325. By Senator Harbison of the 15th: A RESOLUTION commending Ricky Hudson for being a Hospital Hero; and for other purposes. SR 1326. By Senators Wiles of the 37th, Rogers of the 21st, Hill of the 32nd, Thompson of the 33rd and Stoner of the 6th: A RESOLUTION commending the Sister City Program and recognizing the partnership between Cobb County, Georgia, and Seongdong-Gu, Seoul, Republic of Korea; and for other purposes. SR 1327. By Senator Adelman of the 42nd: A RESOLUTION recognizing and commending Stephen and Erin Chance; and for other purposes. SR 1328. By Senator Cowsert of the 46th: A RESOLUTION commending Jacob Alexander Wells; and for other purposes. SR 1329. By Senator Cowsert of the 46th: A RESOLUTION commending Jonathan Robert Wentworth; and for other purposes. SR 1330. By Senator Cowsert of the 46th: A RESOLUTION commending Michael Jonathan Standridge; and for other purposes. 3832 JOURNAL OF THE SENATE SR 1331. By Senator Cowsert of the 46th: A RESOLUTION commending Coulter Livingston Hill; and for other purposes. SR 1332. By Senator Cowsert of the 46th: A RESOLUTION commending Howell Stephen Standridge, Jr.; and for other purposes. SR 1333. By Senator Orrock of the 36th: A RESOLUTION recognizing and commending Joyce Brookshire; and for other purposes. SR 1334. By Senators Hill of the 4th and Williams of the 19th: A RESOLUTION commending Dr. Sang Wan Oh; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Brown of the 26th Stoner of the 6th Golden of the 8th Thompson of the 33rd Hill of the 4th 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, April 4, 2008 Fortieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 816 Thompson of the 5th Jones of the 10th Weber of the 40th Henson of the 41st Adelman of the 42nd Ramsey of the 43rd Butler of the 55th DEKALB COUNTY A BILL to be entitled an Act to provide for the creation of one or HB 1416 HB 1437 FRIDAY, APRIL 4, 2008 3833 more community improvement districts in DeKalb County and in each municipality therein; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of such boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such districts; to provide for debt of such districts other than bonded indebtedness; to provide for cooperation with local governments; to provide for powers of such boards; 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 provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Chance of the 16th Seay of the 34th STATE COURT OF FAYETTE COUNTY A BILL to be entitled an Act to amend an Act creating the State Court of Fayette County, approved April 13, 1994 (Ga. L. 1994, p. 4980), as amended, so as to change qualifications of the state court judge; to change statutory right to a jury trial; to change peremptory strikes; to change the compensation of the judge; to change the compensation of the solicitor; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Hamrick of the 30th Reed of the 35th DOUGLAS COUNTY A BILL to be entitled an Act to create a board of elections and registration for Douglas 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 3834 HB 1447 HB 1452 JOURNAL OF THE SENATE certain functions and duties for certain municipalities; to provide for related matters; to repeal an Act creating a board of elections for Douglas County, approved April 9, 1984 (Ga. L. 1984, p. 5270); 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. Carter of the 13th CITY OF SYLVESTER A BILL to be entitled an Act to provide a new charter for the City of Sylvester; 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, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for taxation, licenses, and fees; to provide for franchises and assessments; to provide for bonded and other indebtedness; to provide for auditing, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes. Jones of the 10th Reed of the 35th Orrock 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 an Act providing for urban enterprise zones in the City of Atlanta and known as the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 13, 1994 (Ga. L. 1994, p.5055), so as to require the board of commissioners of Fulton County to grant an equivalent exemption from ad valorem taxes for county purposes for property within certain zones when an exemption from ad valorem taxes for city HB 1469 HB 1471 HB 1472 HB 1478 FRIDAY, APRIL 4, 2008 3835 purposes for such property has been granted by the city council of Atlanta; to repeal conflicting laws; and for other purposes. Schaefer of the 50th CITY OF FRANKLIN SPRINGS A BILL to be entitled an Act to amend an Act providing a new charter for the City of Franklin Springs, approved April 13, 1992 (Ga. L. 1992, p. 6180), so as to restate and reenact such charter; to provide for duties of the mayor and city manager; to revise provisions of the charter to conform with certain changes in law; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Chance of the 16th LAMAR COUNTY A BILL to be entitled an Act to amend an Act creating the Joint Board of Elections and Registration of Lamar County, approved May 14, 2007 (Ga. L. 2007, p. 3520), so as to revise the composition of the board; to provide for the continuation in office of persons serving as members of the board on a certain date; to eliminate term limits; to revise certain provisions relating to municipal primaries and elections; to provide for a four-year term for the supervisor of elections; to provide provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. Chance of the 16th LAMAR COUNTY WATER & SEWER AUTHORITY A BILL to be entitled an Act to amend an Act creating the Lamar County Water and Sewer Authority, approved March 21, 1989 (Ga. L. 1989, p. 3942), so as to provide that one sitting member of the Lamar County Board of Commissioners may be appointed as a member of the Lamar County Water and Sewer Authority; to provide for related matters; 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 amend an Act reconstituting the 3836 HB 1479 HB 1480 HB 1483 JOURNAL OF THE SENATE Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, so as to provide that teachers and employees employed by the board may address or speak to the board concerning matters involving the Ware County schools or school system during meetings of the board without seeking or obtaining the approval of any supervisors or the county school superintendent; to prohibit any form of retaliation against such teachers or employees for such activities; to provide for related matters; to repeal conflicting laws; and for other purposes. (SUBSTITUTE) Meyer von Bremen of the 12th TERRELL COUNTY A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Terrell County approved April 13, 2004 (Ga. L. 2004, p. 3555), so as to increase the compensation for said board; to repeal conflicting laws; and for other purposes. Tolleson of the 20th DODGE COUNTY A BILL to be entitled an Act to amend an Act creating the office of commissioner of Dodge County, approved August 19, 1912 (Ga. L. 1912, p. 367), as amended, particularly by an Act approved April 21, 1997 (Ga. L. 1997, p. 4417), as amended, so as to change the terms of office of the members of the board of commissioners and provide for staggered terms; to provide that the members of the board elected from commissioner districts shall be elected by a majority vote of the electors voting within their respective commissioner districts; to provide that the chairperson shall be elected by a majority vote of the electors of the entire county voting in an election for such office; to provide for related matters; to require submission of this Act pursuant to the Federal Voting Rights Act of 1965; to provide an effective date; to repeal conflicting laws; and for other purposes. Hawkins of the 49th CITY OF GAINESVILLE A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Gainesville; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for boards to administer said HB 1484 HB 1486 HB 1487 FRIDAY, APRIL 4, 2008 3837 districts; to provide for the appointment and election of members of such boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such districts; to provide for debt of such districts including bonded indebtedness; to provide for cooperation with local governments; to provide for powers of such boards; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for an effective date; to repeal conflicting laws; and for other purposes. Hawkins of the 49th HALL COUNTY A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Hall County; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of such boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such districts; to provide for debt of such districts including bonded indebtedness; to provide for cooperation with local governments; to provide for powers of such boards; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for an effective date; to repeal conflicting laws; and for other purposes. Schaefer of the 50th BANKS COUNTY A BILL to be entitled an Act to repeal an Act creating the Banks County Family Connection Commission, approved April 13, 2001 (Ga. L. 2001, p. 4134), as amended; to repeal conflicting laws; and for other purposes. Jones of the 10th Douglas of the 17th HENRY COUNTY A BILL to be entitled an Act to amend an Act amending and restating an Act known as the "Henry County Development Authority Act," approved April 25, 2002 (Ga. L. 2002, p. 5046), so as to provide for an alternative procedure to compensate authority members; to repeal conflicting laws; and for other purposes. 3838 HB 1488 HB 1489 HB 1490 JOURNAL OF THE SENATE Butler of the 55th CITY OF CLARKSTON A BILL to be entitled an Act to authorize the City of Clarkston 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. Pearson of the 51st DAWSON COUNTY A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Dawson County; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of such boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such districts; to provide for debt of such districts including bonded indebtedness; to provide for cooperation with local governments; to provide for powers of such boards; 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 provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Johnson of the 1st Thomas of the 2nd CITY OF PORT WENTWORTH A BILL to be entitled an Act to amend an Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, so as to reconstitute the governing authority of the city; to provide for council districts; to provide for definitions and inclusions; to provide for continuation in office of the mayor and current members; to change the provisions relating to the regular expiration of terms of office of certain council 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 FRIDAY, APRIL 4, 2008 3839 repeal conflicting laws; and for other purposes. HB 1491 Heath of the 31st Smith of the 52nd BARTOW COUNTY A BILL to be entitled an Act to amend an Act placing the coroner of Bartow County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2731), as amended, particularly by an Act approved April 6, 1981 (Ga. Laws 1981, p. 3952), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. (SUBSTITUTE) Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following four local bills relating to homestead exemptions require a two-thirds roll-call vote for passage: HB 493 Weber of the 40th CITY OF DORAVILLE A BILL to be entitled an Act to provide for a homestead exemption from City of Doraville ad valorem taxes for municipal purposes for the full value of the homestead for residents of that city who are 70 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. (SUBSTITUTE) HB 1190 Hill of the 32nd Reed of the 35th Orrock 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 providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), so as to increase the exemption amount 3840 HB 1191 HB 1192 JOURNAL OF THE SENATE to $50,000.00 after a five-year phase-in period; to provide for subsequent increases in 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. (SUBSTITUTE) Jones of the 10th Reed of the 35th Orrock 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 an Act providing a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district, approved May 4, 1992 (Ga. L. 1992, p. 7003), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to eliminate certain restrictions only granting such exemption based upon digest increases; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. (SUBSTITUTE) Jones of the 10th Reed of the 35th Orrock 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 an Act providing a homestead exemption from City of Atlanta 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, approved May 4, 1992 (Ga. L. 1992, p. 7007), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to provide for subsequent increases in 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. (SUBSTITUTE) FRIDAY, APRIL 4, 2008 The substitutes to the following bills were put upon their adoption: 3841 *HB 1478: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1478: A BILL TO BE ENTITLED AN ACT To amend an Act reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, so as to provide that teachers and employees employed by the board may address or speak to the board concerning matters involving the Ware County schools or school system during meetings of the board without seeking or obtaining the approval of any supervisors or the county school superintendent; to prohibit any form of retaliation against such teachers or employees for such activities; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, is amended by adding a new section to read as follows: "SECTION 6A. Any teacher or other employee employed by the board shall be permitted to address and speak to the board during meetings of the board about matters of concern involving the Ware County schools and school system without first seeking or obtaining the approval of any supervisor or the county school superintendent; provided, however, that the board may, in its discretion, limit each speaker to not less than five minutes each. The board, the superintendent, and the supervisors of such teachers or other employees shall not retaliate, discipline, or otherwise sanction any teacher or other employee on account of the making or the content of such address or speech to the board." 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. 3842 JOURNAL OF THE SENATE *HB 1491: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1491: A BILL TO BE ENTITLED AN ACT To amend an Act placing the coroner of Bartow County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2731), as amended, particularly by an Act approved April 6, 1981 (Ga. Laws 1981, p. 3952), so as to change the compensation of the coroner; 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 placing the coroner of Bartow County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2731), as amended, particularly by an Act approved April 6, 1981 (Ga. Laws 1981, p. 3952), is hereby amended by revising Section 1 to read as follows: "SECTION 1. (a) (1) The compensation of the coroner of Bartow County, which is now $3,600.00 per annum, is hereby abolished and the salary of the coroner of Bartow County shall be $15,000.00 per annum to be paid in equal monthly installments from county funds. (2) The coroner shall also receive an annual cost-of-living increase as follows: on the first day of January of each year, beginning in 2010, the base salary of the coroner shall be increased by 4 percent. For the purposes of this section only, the 'base salary' of the coroner shall be computed at $15,000.00 on January 1, 2009, and thereafter on each year beginning on January 1, 2010, shall be computed at $15,000.00 plus any cost-of-living increases which have been received by the person serving as coroner. (3) In addition to the compensation provided in paragraphs (1) and (2), the governing authority of Bartow County, in its reasonable discretion, may reimburse to the coroner all or any part of his expenses incurred with respect to his official duties. (4) All fees, commissions, costs, and other perquisites collected by the coroner shall be the property of Bartow County and once each month shall be turned over to the fiscal authority of said county with a detailed, itemized statement showing the sources from which such fees, commissions, costs, and other perquisites were collected. (b) The coroner is authorized to appoint a deputy coroner to serve at the discretion of the coroner. The compensation and expenses of the deputy coroner, if any, shall be determined within the reasonable discretion of the governing authority of Bartow County and shall be paid out of county funds. The deputy coroner shall meet the same qualifications required of the coroner." FRIDAY, APRIL 4, 2008 3843 SECTION 2. This Act shall become effective on January 1, 2009, and until such date the coroner shall continue to be compensated as provided by prior law. SECTION 3. All laws and parts of laws in conflict with this Act are hereby repealed. On the adoption of the substitute, the yeas were 43, nays 0, and the committee substitute was adopted. *HB 493: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 493: A BILL TO BE ENTITLED AN ACT To provide for a homestead exemption from City of Doraville ad valorem taxes for municipal purposes for the full value of the homestead for residents of that city who are 70 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. 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 Doraville, 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 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 Doraville who is a senior citizen is granted an exemption on that persons homestead from City of Doraville ad valorem taxes for municipal purposes for the full value of that homestead. (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 3844 JOURNAL OF THE SENATE authority of the City of Doraville, 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 Doraville, 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 Doraville, 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 Doraville, 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, 2009. SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Doraville 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 Doraville for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2008, 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 DeKalb 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 Doraville ad valorem taxes for municipal purposes for the full ( ) NO value of the homestead for residents of that city 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, 2009. If the Act is not so approved or if the election FRIDAY, APRIL 4, 2008 3845 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 Doraville. 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. On the adoption of the substitute, the yeas were 43, nays 0, and the committee substitute was adopted. *HB 1190: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1190: A BILL TO BE ENTITLED AN ACT To amend an Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), so as to increase the exemption amount to $30,000.00 after a three-year phase-in period; 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. An Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), is amended by revising Section 2 as follows: "SECTION 2. (a) Each resident of Fulton County is granted an exemption on that persons homestead from all Fulton County ad valorem taxes for county purposes as follows: (1) For the taxable year beginning on or after January 1, 2009, and prior to January 1, 3846 JOURNAL OF THE SENATE 2010, in the amount of $20,000.00 of the assessed value of that homestead; (2) For the taxable year beginning on or after January 1, 2010, and prior to January 1, 2011, in the amount of $25,000.00 of the assessed value of that homestead; and (3) For all taxable years beginning on or after January 1, 2011, in the amount of $30,000.00 of the assessed value of that homestead. (b) The value of that property in excess of such exempted amount under subsection (a) of this section shall remain subject to taxation." SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Fulton County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2008, 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 Fulton County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which increases the homestead exemption from Fulton County ad valorem taxes for county purposes from ( ) NO $15,000.00 to $30,000.00 after a three-year phase-in period?" 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, 2009, and shall be applicable to all taxable years beginning on or after January 1, 2009. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Fulton County. It shall be the election superintendents duty to certify the result thereof to the Secretary of State. SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 43, nays 0, and the committee substitute was adopted. FRIDAY, APRIL 4, 2008 3847 *HB 1191: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1191: A BILL TO BE ENTITLED AN ACT To amend an Act providing a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district, approved May 4, 1992 (Ga. L. 1992, p. 7003), so as to increase the exemption amount to $30,000.00 after a three-year phase-in period; 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. An Act providing a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district, approved May 4, 1992 (Ga. L. 1992, p. 7003), is amended by revising Section 2 as follows: "SECTION 2. (a) Each resident of the City of Atlanta independent school district is granted an exemption on that persons homestead from all City of Atlanta independent school district ad valorem taxes for educational purposes as follows: (1) For the taxable year beginning on or after January 1, 2009, and prior to January 1, 2010, in the amount of $20,000.00 of the assessed value of that homestead; (2) For the taxable year beginning on or after January 1, 2010, and prior to January 1, 2011, in the amount of $25,000.00 of the assessed value of that homestead; and (3) For all taxable years beginning on or after January 1, 2011, in the amount of $30,000.00 of the assessed value of that homestead. (b) The value of that property in excess of such exempted amount under subsection (a) of this section shall remain subject to taxation." SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Atlanta 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 Atlanta independent school district for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2008, state-wide general election and shall issue the call and conduct that election as provided by general 3848 JOURNAL OF THE SENATE law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which increases the homestead exemption from City of Atlanta independent school district ad valorem taxes for ( ) NO educational purposes from $15,000.00 to $30,000.00 after a three-year phase-in period?" 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, 2009, and shall be applicable to all taxable years beginning on or after January 1, 2009. 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 Atlanta. 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 substitute, the yeas were 43, nays 0, and the committee substitute was adopted. *HB 1192: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1192: A BILL TO BE ENTITLED AN ACT To amend an Act providing a homestead exemption from City of Atlanta 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, approved May 4, 1992 (Ga. L. 1992, p. 7007), so as to increase the exemption amount to $30,000.00 after a three-year phase-in period; to provide for applicability; to provide for a referendum, effective dates, and automatic FRIDAY, APRIL 4, 2008 3849 repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing a homestead exemption from City of Atlanta 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, approved May 4, 1992 (Ga. L. 1992, p. 7007), is amended by revising Section 2 as follows: "SECTION 2. (a) Each resident of the City of Atlanta is granted an exemption on that persons homestead from all City of Atlanta ad valorem taxes for municipal purposes as follows: (1) For the taxable year beginning on or after January 1, 2009, and prior to January 1, 2010, in the amount of $20,000.00 of the assessed value of that homestead; (2) For the taxable year beginning on or after January 1, 2010, and prior to January 1, 2011, in the amount of $25,000.00 of the assessed value of that homestead; and (3) For all taxable years beginning on or after January 1, 2011, in the amount of $30,000.00 of the assessed value of that homestead. (b) The value of that property in excess of such exempted amount under subsection (a) of this section shall remain subject to taxation." SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Atlanta 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 Atlanta for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2008, state-wide general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which increases the homestead exemption from City of Atlanta ad valorem taxes for municipal purposes from ( ) NO $15,000.00 to $30,000.00 after a three-year phase-in period?" 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, 2009, and shall be applicable to all taxable years beginning on or after January 1, 2009. 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 3850 JOURNAL OF THE SENATE immediately following that election date. The expense of such election shall be borne by the City of Atlanta. 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. 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 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 E Brown Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Me V Bremen Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Rogers Y Schaefer Y Seabaugh Y Seay Shafer,D Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Tolleson Y Unterman Weber Y Wiles Y Williams On the passage of the local bills, the yeas were 43, nays 0. The bills on the Local Consent Calendar, except HB 1478, HB 1491, HB 493, HB1190, FRIDAY, APRIL 4, 2008 3851 HB 1191, and HB 1192 having received the requisite constitutional majority, were passed. HB 1478, HB 1491, HB 493, HB 1190, HB 1191, and HB 1192 having received the requisite constitutional majority, were passed by substitute. Senator Williams of the 19th moved to invoke Senate Rule 3-3.1(b) to confirm the Governor's appointments immediately. Senator Williams of the 19th moved to suspend with the reading of the Governor's appointments. There was no objection. On the motion to confirm the Governor's appointments, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 48, nays 1, the motion prevailed, and the Senate confirmed the Governor's appointments. The following communication was transmitted by the Secretary: 3852 JOURNAL OF THE SENATE Robert F. Ewing Secretary of the Senate Office of the Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 (404) 656-5040 Fax (404) 656-5043 April 4, 2008 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 back to you as follows: Nominations sent to the Senate by you on March 31, 2008, were acted upon by the Georgia State Senate in session on April 4, 2008, with the following results: The Honorable Molly Dye Franklin of Fulton County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning February 1, 2008, and ending March 15, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Billy Jerles, Jr. of Houston County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning January 25, 2008, and ending March 15, 2013. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Lindsey Tippins of Cobb County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning January 25, 2008, and ending March 15, 2013. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Gary Wisenbaker of Chatham County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning March 15, 2002, and ending March 15, 2014. The vote on this confirmation FRIDAY, APRIL 4, 2008 3853 was yeas 48, nays 1, and the nominee was confirmed. The Honorable Brian Brannon of Gordon County, as a member of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia, for the term of office beginning June 30, 2007, and ending June 30, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Joanne Caldwell of Rockdale County, as a member of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia, for the term of office beginning January 25, 2008, and ending June 30, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Nels Peterson of Cobb County, as a member of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia, for the term of office beginning June 30, 2007, and ending June 30, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Carolyn Williams of Pike County, as a member of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia, for the term of office beginning February 1, 2008, and ending June 30, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Deke Copenhaver of Richmond County, as a member of the Board of Community Affairs, for the term of office beginning May 11, 2007, and ending July 1, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Carolyn Crayton of Bibb County, as a member of the Board of Community Affairs, for the term of office beginning July 5, 2007, and ending July 1, 2008. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable John McColskey of DeKalb County, as a member of the Board of Community Affairs, for the term of office beginning July 25, 2007, and ending July 1, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Tommy Stewart of Glynn County, as a member of the Board of Community Affairs, for the term of office beginning August 2, 2007, and ending July 1, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Frank Jones of Grady County, as a member of the Board of Community 3854 JOURNAL OF THE SENATE Health, for the term of office beginning August 20, 2007, and ending July 1, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Ross Mason of Morgan County, as a member of the Board of Community Health, for the term of office beginning November 29, 2007, and ending July 1, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Raymond Riddle of Fulton County, as a member of the Board of Community Health, for the term of office beginning July 1, 2007, and ending July 1, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Archer Rose of Rockdale County, as a member of the Board of Community Health, for the term of office beginning February 1, 2008, and ending July 1, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Erroll Davis of Fulton County, as a member of the Board of Control for Southern Regional Education, for the term of office beginning July 19, 2007, and ending June 30, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Jennifer Rippner of Fulton County, as a member of the Board of Control for Southern Regional Education, for the term of office beginning August 2, 2007, and ending June 30, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Steve Smith of Lowndes County, as a member of the Board of Control for Southern Regional Education, for the term of office beginning August 2, 2007, and ending June 30, 2008. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Rep. Jan Jones of Fulton County, as a member of the Board of Control for Southern Regional Education (Legislative Council), for the term of office beginning August 2, 2007, and ending at pleasure. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Wayne Dasher of Tatnall County, as a member of the Board of Corrections, for the term of office beginning October 24, 2007, and ending July 1, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable John Mayes of Floyd County, as a member of the Board of Corrections, for the term of office beginning October 24, 2007, and ending July 1, 2012. The vote on FRIDAY, APRIL 4, 2008 3855 this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Sheriff Cecil Nobles of Long County, as a member of the Board of Corrections, for the term of office beginning December 12, 2007, and ending July 1, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Jim Whitehead, as a member of the Board of Corrections, for the term of office beginning December 12, 2007, and ending July 1, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Bob Bell of DeKalb County, as a member of the Board of Directors of the Georgia Higher Education Savings Plan, for the term of office beginning May 11, 2007, and ending at pleasure. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Jeanne Ferst of Fulton County, as a member of the Board of Directors of the Georgia Higher Education Savings Plan, for the term of office beginning May 11, 2007, and ending at pleasure. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Phil Tomlinson of Muscogee County, as a member of the Board of Directors of the Georgia Higher Education Savings Plan, for the term of office beginning May 11, 2007 and ending at pleasure. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Jimmy Braswell, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning August 2, 2007, and ending December 5, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable John Watson of Fulton County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning February 1, 2008, and ending December 15, 2012. The vote on this confirmation was yeas 48, nays 1, 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 24, 2007, and ending June 1, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Mike Byrd of Cherokee County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning 3856 JOURNAL OF THE SENATE December 12, 2007, and ending June 1, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Sonny Deriso of Dougherty County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning October 24, 2007 and ending June 1, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Caric Martin of Cobb County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning July 5, 2007, and ending June 1, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Narender Reddy of Gwinnett County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning October 24, 2007, and ending June 1, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable John Sibley of Fulton County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning June 1, 2007, and ending June 1, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Jim Stephenson of Fulton County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning May 22, 2007, and ending June 1, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable J.T. Williams of Henry County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning October 24, 2007, and ending June 1, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Wilbur "T" Gamble, III of Terrell County, as a member of the Board Driver Services, for the term of office beginning July 5, 2007, and ending June 30, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Kelly Gay of Fulton County, as a member of the Board of Driver Services, for the term of office beginning March 26, 2008, and ending June 30, 2013. The vote on this confirmation was yeas 48, nays 1, 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 2, 2007, and ending July 1, FRIDAY, APRIL 4, 2008 3857 2012. The vote on this confirmation was yeas 48 nays 1, and the nominee was confirmed. The Honorable Dixie Kinard of Whitfield County, as a member of the Board of Early Care and Learning, for the term of office beginning November 7, 2007, and ending July 1, 2012. The vote on this confirmation was yeas 48, nays 1, 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 September 24, 2007, and ending July 1, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Carlene Talton of Decatur County, as a member of the Board of Early Care and Learning, for the term of office beginning September 24, 2007, and ending July 1, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Mike Cottrell of Lumpkin County, as a member of the Board of Economic Development, for the term of office beginning February 15, 2008, and ending July 1, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Brian Foster of Chatham County, as a member of the Board of Economic Development, for the term of office beginning August 29, 2007, and ending July 1, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Jim Hammock of Laurens County, as a member of the Board of Economic Development, for the term of office beginning August 2, 2007, and ending July 1, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Price Harding of Forsyth County, as a member of the Board of Economic Development, for the term of office beginning January 25, 2008, and ending July 1, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Tom Ratcliffe of Liberty County, as a member of the Board of Economic Development, for the term of office beginning June 22, 2007, and ending July 1, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Tee Tolleson of Houston County, as a member of the Board of Economic Development, for the term of office beginning July 1, 2007, and ending July 1, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. 3858 JOURNAL OF THE SENATE The Honorable Harriette Watkins of Fayette County, as a member of the Board of Economic Development, for the term of office beginning February 12, 2008, and ending January 1, 2013. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Tom Wiley of Fulton County, as a member of the Board of Economic Development, for the term of office beginning January 25, 2008, and ending July 1, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Lisa Alexander of Douglas County, as a member of the Board of Human Resources, for the term of office beginning January 4, 2008, and ending April 6, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Frank Auman of DeKalb County, as a member of the Board of Human Resources, for the term of office beginning August 2, 2007, and ending April 6, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Mary Burns of Fulton County, as a member of the Board of Human Resources, for the term of office beginning May 22, 2007, and ending April 6, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Murray Freedman of Richmond County, as a member of the Board of Human Resources, for the term of office beginning June 21, 2007, and ending April 6, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Justin Neal of Fulton County, as a member of the Board of Human Resources, for the term of office beginning January 4, 2008, and ending April 6, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Billy Richardson of Paulding County, as a member of the Board of Human Resources, for the term of office beginning March 26, 2008, and ending April 6, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Stephen Rigdon of Appling County, as a member of the Board of Human Resources, for the term of office beginning January 4, 2008, and ending April 6, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Monica Walters of Lamar County, as a member of the Board of Human Resources, for the term of office beginning July 25, 2007, and ending April 6, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. FRIDAY, APRIL 4, 2008 3859 The Honorable Ann White of Floyd County, as a member of the Board of Human Resources, for the term of office beginning August 2, 2007, and ending April 6, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Elizabeth Lindsey of Fulton County, as a member of the Board of Juvenile Justice, for the term of office beginning August 21, 2007, and ending July 6, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Perry McGuire of Douglas County, as a member of the Board of Juvenile Justice, for the term of office beginning September 13, 2007, and ending July 6, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Dan Menefee of Muscogee County, as a member of the Board of Juvenile Justice, for the term of office beginning August 21, 2007, and ending July 6, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Steve Simpson of Bibb County, as a member of the Board of Juvenile Justice, for the term of office beginning November 7, 2007, and ending July 6, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Elaine Snow of Floyd County, as a member of the Board of Juvenile Justice, for the term of office beginning October 4, 2007, and ending July 6, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Ray Lambert, Jr. of Henry County, as a member of the Board of Natural Resources, for the term of office beginning August 2, 2007, and ending March 16, 2013. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Philip Watt of Thomas County, as a member of the Board of Natural Resources, for the term of office beginning January 4, 2008, and ending January 1, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Lou Dekmar of Troup County, as a member of the Board of Public Safety, for the term of office beginning March 26, 2008, and ending January 20, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Jack McElfish of Gwinnett County, as a member of the Board of Public Safety, for the term of office beginning March 13, 2008, and ending January 20, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Ellis Wood of Bulloch County, as a member of the Board of Public Safety, for the term of office beginning March 26, 2008, and ending January 20, 2012. 3860 JOURNAL OF THE SENATE The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Jim Jolly, Jr. of Whitfield County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning March 13, 2008, and ending January 1, 2015. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Dink NeSmith of Clarke County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning March 13, 2008, and ending January 1, 2015. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Ken Bernard of Douglas County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning May 11, 2007, and ending January 1, 2014. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Kessel Stelling of Cobb County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning February 1, 2008, and ending January 1, 2015. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Ned Winsor of DeKalb County, as a member of the Board of Trustees of the Employees' Retirement System of Georgia, for the term of office beginning June 30, 2007, and ending June 30, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Crisp Gatewood of Dougherty County, as a member of the Board of Trustees of the Herty Foundation, for the term of office beginning August 20, 2007, and ending February 19, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Brooks Warnell of Bryan County, as a member of the Board of Trustees of the Herty Foundation, for the term of office beginning August 29, 2007, and ending February 19, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable John Fervier of Gwinnett County, as a member of the Board of Trustees of the Subsequent Injury Trust Fund Commission, for the term of office beginning August 20, 2007, and ending July 1, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Alvin Wilbanks of Gwinnett County, as a member of the Board of FRIDAY, APRIL 4, 2008 3861 Trustees of the Teachers Retirement System, for the term of office beginning June 30, 2007, and ending June 30, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable David Renz of Whitfield County, as a member of the Board of Brain and Spinal Injury Trust Fund Commission, for the term of office beginning May 22, 2007, and ending December 8, 2008. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Jan B. Loftis of Richmond County, as a member of the Civil War Commission, for the term of office beginning September 24, 2007, and ending June 1, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Alexander Gross, M.D. of Fulton County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning March 26, 2008, and ending July 1, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Marion O'Neill Lee, M.D. of Crisp County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning March 26, 2008, and ending July 1, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Richard Weil, M.D. of Fulton County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning March 26, 2008, and ending July 1, 2008. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Charles White, D.O. of White County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning May 11, 2007, and ending July 1, 2008. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Cliff McCurry of Chatham County, as a member of the Consumer Advisory Board, for the term of office beginning July 5, 2007, and ending July 1, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Wayne McGuinty of Wilcox County, as a member of the Consumer Advisory Board, for the term of office beginning May 11, 2007, and ending July 1, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Todd Ashley of Fulton County, as a member of the Criminal Justice 3862 JOURNAL OF THE SENATE Coordinating Council, for the term of office beginning July 1, 2007, and ending July 1, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Chris Brasher of Fulton County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning February 1, 2008, and ending July 1, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Brenda Hoffmeyer of Whitfield County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning January 16, 2007, and ending January 16, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Joe Hood of Fulton County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning July 1, 2005, and ending July 1, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Catherine O'Neil of Fulton County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning July 1, 2007, and ending July 1, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Pete Smith of Sumter County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning July 1, 2007, and ending July 1, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable T. Wayne Bloodworth, M.D. of Fulton County, as a member of the Georgia Athletic and Entertainment Commission, for the term of office beginning July 19, 2007, and ending November 6, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Christopher Harris of Fulton County, as a member of the Georgia Athletic and Entertainment Commission, for the term of office beginning August 16, 2007, and ending November 6, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Isaac Hadley of Muscogee County, as a member of the Georgia Board of Dentistry, for the term of office beginning February 22, 2008 and ending January 4, 2013. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. FRIDAY, APRIL 4, 2008 3863 The Honorable Steve Holcomb of Houston County, as a member of the Georgia Board of Dentistry, for the term of office beginning February 22, 2008, and ending January 4, 2013. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Barbara Mitchell of Sumter County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning May 11, 2007, and ending July 1, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Mary Anderson of Bulloch County, as a member of the Georgia Board of Nursing, for the term of office beginning September 23, 2007, and ending September 23, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Susan Ayers of Troup County, as a member of the Georgia Board of Nursing, for the term of office beginning February 12, 2008, and ending September 23, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Dee Keeton of DeKalb County, as a member of the Georgia Board of Nursing, for the term of office beginning February 12, 2008, and ending September 23, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Kellie Ruth Lockwood of Atkinson County, as a member of the Georgia Board of Nursing, for the term of office beginning February 12, 2008, and ending September 23, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Scott Thigpen of Ware County, as a member of the Georgia Board of Nursing, for the term of office beginning February 12, 2008, and ending September 23, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Vernon Keenan of DeKalb County, as a member of the Georgia Board of Private Detective and Security Agencies, for the term of office beginning May 11, 2007, and ending July 1, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Mary Boyert of Gwinnett County, as a member of the Georgia Commission for Saving the Cure, for the term of office beginning March 27, 2008, and ending March 1, 2011. The vote on this confirmation was yeas 48, nays 1, and the 3864 JOURNAL OF THE SENATE nominee was confirmed. The Honorable Dr. Michael Johns of Fulton County, as a member of the Georgia Commission for Saving the Cure, for the term of office beginning March 27, 2008, and ending March 1, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Dr. Ken Kupke of Fulton County, as a member of the Georgia Commission for Saving the Cure, for the term of office beginning March 27, 2008, and ending March 1, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Dr. David Munn of Richmond County, as a member of the Georgia Commission for Saving the Cure, for the term of office beginning March 27, 2008, and ending March 1, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Dr. Gerry Sotomayor of Fulton County, as a member of the Georgia Commission for Saving the Cure, for the term of office beginning March 27, 2008, and ending March 1, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Dr. Robert Yu of Richmond County, as a member of the Georgia Commission for Saving the Cure, for the term of office beginning March 27, 2008, and ending March 1, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Sen. Joe Carter of Tift County, as a member of the Georgia Commission on Child Support, for the term of office beginning August 21, 2007, and ending January 1, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Chuck Clay of Cobb County, as a member of the Georgia Commission on Child Support, for the term of office beginning July 25, 2007, and ending May 9, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Earl Ehrhart of Cobb County, as a member of the Georgia Commission on Child Support, for the term of office beginning July 5, 2007, and ending January 1, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Seth Harp of Muscogee County, as a member of the Georgia Commission on Child Support, for the term of office beginning July 5, 2007, and ending January 1, FRIDAY, APRIL 4, 2008 3865 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Joy Hawkins of DeKalb County, as a member of the Georgia Commission on Child Support, for the term of office beginning July 25, 2007, and ending May 9, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Lisa Jones of Sumter County, as a member of the Georgia Commission on Child Support, for the term of office beginning August 2, 2007, and ending May 9, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable R. Michael Key of Troup County, as a member of the Georgia Commission on Child Support, for the term of office beginning July 25, 2007, and ending May 9, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Rep. Ed Lindsey of Fulton County, as a member of the Georgia Commission on Child Support, for the term of office beginning July 5, 2007, and ending January 1, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Michael Martin of Cobb County, as a member of the Georgia Commission on Child Support, for the term of office beginning September 13, 2007, and ending May 9, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Rick Smith of Cobb County, as a member of the Georgia Commission on Child Support, for the term of office beginning August 2, 2007, and ending May 9, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Roger Tutterow of Cobb County, as a member of the Georgia Commission on Child Support, for the term of office beginning July 25, 2007, and ending May 9, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Gregg Waller of Baldwin County, as a member of the Georgia Commission on Hearing and Deaf Persons, for the term of office beginning March 26, 2008, and ending March 1, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable J. Comer Yates of Fulton County, as a member of the Georgia 3866 JOURNAL OF THE SENATE Commissions on Hearing Impaired and Deaf Persons, for the term of office beginning March 26, 2008, and ending March 1, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Trace Overton of Coweta County, as a member of the Georgia Driver's Education Commission, for the term of office beginning March 27, 2008, and ending August 19, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Bryce Robinson of Harris County, as a member of the Georgia Driver's Education Commission, for the term of office beginning March 26, 2008, and ending August 19, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Richard Warner of Fulton County, as a member of the Georgia Film, Video and Music Advisory Commission, for the term of office beginning March 13, 2008, and ending at pleasure. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Gene Bottoms of DeKalb County, as a member of the Georgia Public Telecommunications Commission, for the term of office beginning May 11, 2007, and June 30, 2008. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable George Waters of Bibb County, as a member of the Georgia Public Telecommunications Commission, for the term of office beginning May 11, 2007, and ending at June 30, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable David Burge of Fulton County, as a member of the Georgia Superior Court Clerks' Cooperative Authority, for the term of office beginning May 11, 2007, and ending July 1, 2008. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Michael Johnson of Dodge County, as a member of the Georgia Superior Court Clerks' Cooperative Authority, for the term of office beginning May 11, 2007, and ending July 1, 2008. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Dennis Ashley, M.D. of Bibb County, as a member of the Georgia Trauma Care Network Commission, for the term of office beginning October 26, 2007, and ending October 1, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. FRIDAY, APRIL 4, 2008 3867 The Honorable Ben Hinson of Bibb County, as a member of the Georgia Trauma Care Network Commission, for the term of office beginning October 26, 2007, and ending October 1, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Rhonda Medows, M.D., as a member of the Georgia Trauma Care Network Commission, for the term of office beginning October 26, 2007, and ending October 1, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Kurt Stuenkel of Floyd County, as a member of the Georgia Trauma Care Network Commission for the term of office beginning October 24, 2007, and ending October 1, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Kelli Vaughn of Grady County, as a member of the Georgia Trauma Care Network Commission, for the term of office beginning October 26, 2007, and ending October 1, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Janice Marshall of Bibb County, as a member of the Hotel/Motel Tax Performance Review Board, for the term of office beginning October 24, 2007, and ending July 1, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable T. Wayne Bloodworth of Fulton County, as a member of the Medical Advisory Panel for the Georgia Athletic and Entertainment Commission, for the term of office beginning May 11, 2007, and ending at pleasure. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Dr. Scott Malone of Houston County, as a member of the Medical Advisory Panel for the Georgia Athletic and Entertainment Commission, for the term of office beginning May 11, 2007, and ending at pleasure. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Brad Currey of Fulton County, as a member of the Metropolitan North Georgia Water Planning District Governing Board, for the term of office beginning July 19, 2007, and ending June 29, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Kit Dunlap of Hall County, as a member of the Metropolitan North Georgia Water Planning District Governing Board, for the term of office beginning August 20, 2007, and ending June 29, 2010. The vote on this confirmation was yeas 48, 3868 JOURNAL OF THE SENATE nays 1, and the nominee was confirmed. The Honorable Bob Fountain of Bibb County, as a member of the Metropolitan North Georgia Water Planning District Governing Board, for the term of office beginning September 13, 2007, and ending June 29, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Birdel Jackson of Fulton County, as a member of the Metropolitan North Georgia Water Planning District Governing Board, for the term of office beginning August 21, 2007, and ending June 29, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Suzanne Sitherwood of Cobb County, as a member of the Metropolitan North Georgia Water Planning District Governing Board, for the term of office beginning August 2, 2007, and ending at June 29, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Steven Woodruff of Cherokee County, as a member of the Metropolitan North Georgia Water Planning District Governing Board, for the term of office beginning July 5, 2007, and ending at June 29, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Becky Burgess of Bibb County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning May 11, 2007, and ending July 1, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Bonnie Cleland of Chatham County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning July 5, 2007, and ending July 1, 2008. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Shane Clem of Chatham County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning May 11, 2007, and ending July 1, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable J. Max Davis, Jr. of DeKalb County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning May 11, 2007, and ending July 1, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Nat Hansford of Oglethorpe County, as a member of the Nonpublic FRIDAY, APRIL 4, 2008 3869 Postsecondary Education Commission, for the term of office beginning May 11, 2007, and ending July 1, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Clinton Hobbs of Towns County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning July 5, 2007, and ending July 1, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Andy Peryam of Coweta County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning May 11, 2007, and ending July 1, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Claire DuPree Pierce of Floyd County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning May 11, 2007, and ending July 1, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Roy Roberts, Jr. of Walton County, as a member of the Nonpublic Postsecondary Education Commission, for the term of office beginning May 11, 2007, and ending July 1, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Penny Benton of Cherokee County, as a member of the Professional Standards Commission, for the term of office beginning March 13, 2008, and ending July 1, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Albert George II of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning March 13, 2008, and ending July 1, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Emily Jennette of Cobb County, as a member of the Professional Standards Commission, for the term of office beginning November 7, 2007, and ending July 1, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Louisa Moffitt of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning September 24, 2007, and ending July 1, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. 3870 JOURNAL OF THE SENATE The Honorable Hester Vasconcelos of Cobb County, as a member of the Professional Standards Commission, for the term of office beginning September 24, 2007, and ending July 1, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Rep. Jon Burns of Effingham County, as a member of the Rural Development Council, for the term of office beginning July 19, 2007, and ending August 4, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Sen. Bill Cowsert of Clarke County, as a member of the Rural Development Council, for the term of office beginning July 19, 2007, and ending August 4, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Angie Holt of Houston County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning July 19, 2007, and ending August 31, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Kim McCoy of Cobb County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning August 31, 2007, and ending August 31, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Karl Douglass of Muscogee County, as a member of the State Board of Examiners of Psychologists, for the term of office beginning July 5, 2007, and ending July 7, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Dr. Bill Doverspike, Jr. of Fulton County, as a member of the State Board of Examiners of Psychologists, for the term of office beginning January 7, 2008, and ending January 7, 2013. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Dr. Don Meck of Houston County, as a member of the State Board of Examiners of Psychologists, for the term of office beginning March 27, 2007, and ending March 27, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Dr. Carol Webb of Fulton County, as a member of the State Board of Examiners of Psychologists, for the term of office beginning March 27, 2007, and ending March 27, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was FRIDAY, APRIL 4, 2008 3871 confirmed. The Honorable Barbara Baxter of Cherokee County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning May 22, 2007, and ending December 29, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Kendyl Brock of White County, as a member of the State Board of Occupational Therapy, for the term of office beginning March 28, 2008, and ending December 31, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Kathleen Conyers of Clayton County, as a member of the State Board of Occupational Therapy, for the term of office beginning March 28, 2008, and ending December 31, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Fred Barber of Pierce County, as a member of the State Board of Pharmacy, for the term of office beginning November 1, 2007, and ending November 1, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Judy Lynn Gardner of Fulton County, as a member of the State Board of Pharmacy, for the term of office beginning August 20, 2007, and ending July 1, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable William L. Prather of Fannin County, as a member of the State Board of Pharmacy, for the term of office beginning August 20, 2007, and ending July 1, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Ed Strain of Habersham County, as a member of the State Board of Registration for Residential and General Contractors, for the term of office beginning July 1, 2005, and ending July 1, 2008. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Sylvia Anderson of Cobb County, as a member of the State Board of Technical and Adult Education, for the term of office beginning December 12, 2007, and ending June 30, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Don Chapman of Fulton County, as a member of the State Board of Technical and Adult Education, for the term of office beginning October 24, 2007, and ending June 30, 2012. The vote on this confirmation was yeas 48, nays 1, and the 3872 JOURNAL OF THE SENATE nominee was confirmed. The Honorable Mike Daniel of Clarke County, as a member of the State Board of Technical and Adult Education, for the term of office beginning October 24, 2007, and ending June 30, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Paul Holmes of Jasper County, as a member of the State Board of Technical and Adult Education, for the term of office beginning January 4, 2008, and ending June 30, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Dr. Henry Bohn of Cobb County, as a member of the State Board of Veterinary Medicine, for the term of office beginning November 7, 2007, and ending September 16, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Warren Massey of Barrow County, as a member of the State Board of Workers' Compensation, for the term of office beginning February 28, 2008, and ending January 12, 2012. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Carolyn Garcia of Cobb County, as a member of the State Children's Trust Fund Commission, for the term of office beginning July 25, 2007, and ending June 30, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable James Garland of Clarke County, as a member of the State Children's Trust Fund Commission, for the term of office beginning August 2, 2007, and ending June 30, 2008. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Carol Hanna of Houston County, as a member of the State Children's Trust Fund Commission, for the term of office beginning August 2, 2007, and ending June 30, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Gary Johnson of Bulloch County, as a member of the State Children's Trust Fund Commission, for the term of office beginning September 13, 2007, and ending June 30, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Carole Kaczorowski of Chatham County, as a member of the State FRIDAY, APRIL 4, 2008 3873 Children's Trust Fund Commission, for the term of office beginning July 25, 2007, and ending June 30, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Mark Lane of Dougherty County, as a member of the State Children's Trust Fund Commission, for the term of office beginning August 16, 2007, and ending June 30, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Linda Parker of Cherokee County, as a member of the State Children's Trust Fund Commission, for the term of office beginning July 25, 2007, and ending June 30, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Michele Smith of Harris County, as a member of the State Children's Trust Fund Commission, for the term of office beginning July 25, 2007, and ending June 30, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Sharolyn Taylor-Ward of Fulton County, as a member of the State Children's Trust Fund Commission, for the term of office beginning August 2, 2007, and ending June 30, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Julianne Thompson of Gwinnett County, as a member of the State Children's Trust Fund Commission, for the term of office beginning August 2, 2007, and ending June 30, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Sally Allen of Clarke County, as a member of the State Construction Industry Licensing Board, for the term of office beginning February 25, 2008, and ending June 30, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable George Lenaeus of Carroll County, as a member of the State Construction Industry Licensing Board, for the term of office beginning February 25, 2008, and ending June 30, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Johnny Lyons of Gwinnett County, as a member of the State Construction Industry Licensing Board, for the term of office beginning February 28, 2008, and ending June 30, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. 3874 JOURNAL OF THE SENATE The Honorable Paul Maushardt of Henry County, as a member of the State Construction Industry Licensing Board, for the term of office beginning March 13, 2008, and ending June 30, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Jim Poe of Gwinnett County, as a member of the State Construction Industry Licensing Board, for the term of office beginning February 28, 2008, and ending June 30, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Mitzi Smith of Cobb County, as a member of the State Construction Industry Licensing Board, for the term of office beginning February 25, 2008, and ending June 30, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Don Swords of Gwinnett County, as a member of the State Construction Industry Licensing Board, for the term of office beginning February 25, 2008, and ending June 30, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Barbara Alexander of Fulton County, as a member of the State Housing Trust Fund for the Homeless Commission, for the term of office beginning July 5, 2007, and ending November 21, 2010. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Mike Beaudreau of Gwinnett County, as a member of the State Housing Trust Fund for the Homeless Commission, for the term of office beginning February 12, 2008, and ending November 21, 2011. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Bernard Reynolds of Fulton County, as a member of the State Housing Trust Fund for the Homeless Commission, for the term of office beginning May 11, 2007, and ending November 21, 2009. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. The Honorable Hal Roach, as a member of the State Personnel Board, for the term of office beginning March 28, 2008, and ending January 3, 2013. The vote on this confirmation was yeas 48, nays 1, and the nominee was confirmed. Sincerely, /s/ Robert F. Ewing Secretary of the Senate FRIDAY, APRIL 4, 2008 3875 The following bill was taken up to consider House action thereto: HB 1209. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Cole of the 125th, Maxwell of the 17th 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 that a local school system may enter into a contract with the State Board of Education for increased flexibility in exchange for increased accountability; to provide that a local school system can opt for the status quo; to provide for the development of a three-year strategic plan; to change certain provisions relating to waivers to improve student performance; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate Education and Youth Committee substitute to HB 1209 (LC 33 2629S) by striking line 1 of page 1 through line 16 of page 9 and inserting in its place the following: To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that a local school system may enter into a contract with the State Board of Education for increased flexibility; to provide for a local school system to remain under current requirements; to provide for public input; to provide for approval of strategic plans; to provide for contract requirements; to provide for accountability, flexibility, and consequences components of the contract; to provide for certain laws which may be waived; to provide for loss of governance consequences; to provide for duties of the Office of Student Achievement; to provide for a phased-in implementation; to provide for exceptions for charter systems; to provide for rules, regulations, and guidelines; to change certain provisions relating to appointment of local school superintendents; to change certain provisions relating to waivers to improve student performance; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding a new Article 4, which is reserved, to read as follows: "ARTICLE 4 20-2-80. (a) A local school system may request increased flexibility from certain state laws, 3876 JOURNAL OF THE SENATE rules, and regulations in exchange for increased accountability and defined consequences through a contract with the State Board of Education. Such contract shall be based on a strategic plan which will establish a framework of accountability, flexibility, and consequences in accordance with this article. (b) A local school system may elect not to request increased flexibility in exchange for increased accountability and defined consequences and opt to remain under all current laws, rules, regulations, policies, and procedures, and such local school system shall: (1) Conduct a public hearing for the purpose of providing public notice that such local school system is opting for the status quo. The public hearing shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised; and (2) Sign a statement on a form provided by the state board that such local school system is opting for the status quo. 20-2-81. (a) Each local school system which elects to request increased flexibility shall develop a five-year strategic plan which sets out the school systems vision and mission for improving the performance of its schools. The strategic plan shall clearly delineate: (1) Current performance data, grade levels, and demographic data for each school within the school system; (2) Performance goals for each school, including both improvement and achievement; and (3) Performance measures and benchmarks for each school for evaluating improvement and achievement and monitoring progress toward yearly performance goals. (b) The proposed strategic plan shall incorporate, to the extent practicable, school improvement plans in effect for schools in the local school system. (c) The department shall provide an electronic template accessible through the Internet for local school systems to input their strategic plans. The template shall be designed to include the information contained in subsection (a) of this Code section. (d) Prior to the submission of a proposed strategic plan to the department, a local board of education shall schedule and hold a public hearing for the purpose of providing an opportunity for full discussion and public input on the strategic plan, including formal, written comments or suggestions regarding the local school systems flexibility requests and performance goals and the strategic plans impact on each school. The public hearing shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised. (e) The local school system shall submit the proposed strategic plan to the department in accordance with time frames established by the department. The department shall review the proposed strategic plan for adherence to the requirements of this article. (f) Once the strategic plan has been finalized and prior to the submission of the plan to FRIDAY, APRIL 4, 2008 3877 the state board for approval, a local board of education shall schedule and hold a public information meeting for the purpose of providing notice of the final proposed strategic plan to be submitted to the state board for approval. The public information meeting shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised. 20-2-82. (a) The local school system and the department shall enter into negotiations on the appropriate terms of the contract, including the accountability, flexibility, and consequences components of the contract in accordance with Code Section 20-2-84, in consultation with the Office of Student Achievement. (b) The flexibility requested by a local school system pursuant to subsection (b) of Code Section 20-2-84 shall result in consequences in accordance with subsection (c) of Code Section 20-2-84 and Code Section 20-2-84.1 for noncompliance with the accountability requirements established pursuant to subsection (a) of Code Section 202-84. (c) The department, in consultation with the Office of Student Achievement, shall make a recommendation to the state board on whether the proposed terms of the contract should be approved by the state board. (d)(1) The state board shall have the authority to approve or deny approval of the proposed terms of the contract but shall give all due consideration to the recommendation and input from the Office of Student Achievement. (2) In the event that the state board denies approval of the proposed terms of the contract, the local board of education shall work with the department, in consultation with the Office of Student Achievement, for further revisions and resubmission to the state board. (e) The state board shall be authorized to approve a waiver or variance request of specifically identified state rules, regulations, policies, and procedures or provisions of this chapter upon the inclusion of such request in the local school systems proposed strategic plan and in accordance with subsection (b) of Code Section 20-2-83. The goal for each waiver and variance shall be improvement of student performance. The state board shall not be authorized to waive or approve variances on any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title. A local school system that has received a waiver or variance shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request. 3878 JOURNAL OF THE SENATE 20-2-83. (a) Upon approval of a strategic plan and a proposed contract of a local school system which has requested flexibility, the state board shall enter into such contract with the local school system which shall incorporate the strategic plan. (b) The terms of the contract shall include, but not be limited to, accountability, flexibility, and consequences components as negotiated pursuant to subsection (a) of Code Section 20-2-82 and in accordance with Code Section 20-2-84. (c) Each contract shall be for a term of five years. The terms of the contract shall provide for automatic extension of such contract if a local school system is in noncompliance with its accountability requirements. (d) The terms of a contract may be amended during the term of the contract upon approval of the state board and the local board of education. 20-2-84. (a) The accountability component of the contract provided in Code Section 20-2-83 shall include one or more of the following student achievement measures, including both total scores and any needed targeted subgroups: (1) High school graduation rates; (2) SAT or ACT performance; (3) State standardized test data, which may include criterion-referenced competency tests, the Georgia High School Graduation Test, end-of-course assessments, or a combination thereof; (4) Advanced placement or international baccalaureate participation and performance; and (5) Any other accountability measures included pursuant to Part 3 of Article 2 of Chapter 14 of this title. (b) The flexibility component of the contract provided in Code Section 20-2-83 shall include the waiver or variance of any one or more of the following areas as requested by the local school system and as approved by the state board in the local school systems strategic plan: (1) Class size requirements in Code Section 20-2-182; (2) Expenditure controls in Code Section 20-2-171 and categorical allotment requirements in Article 6 of this chapter; (3) Certification requirements in Code Section 20-2-200; (4) Salary schedule requirements in Code Section 20-2-212; (5) State curriculum requirements established pursuant to Code Sections 20-2-140, 20-2-142, 20-2-143, 20-2-144, and 20-2-145; and (6) Any other requirements or provisions of this chapter as identified by the local school system and approved by the state board in the local school systems strategic plan except as provided in subsection (e) of Code Section 20-2-82. (c) The consequences component of the contract provided in Code Section 20-2-83 shall include: (1) Interventions or sanctions for failure to meet identified levels of achievement or FRIDAY, APRIL 4, 2008 3879 for not showing specified levels of progress pursuant to Code Section 20-14-41, which may be accelerated; and (2) Loss of governance of one or more nonperforming schools by the local school system in accordance with Code Section 20-2-84.1. Consequences shall be incurred upon noncompliance of a local school system with the accountability component of its contract. The schedule of interventions or sanctions for failure to meet identified levels of achievement or specified levels of progress shall be mutually agreed upon in the contract but shall not extend beyond three consecutive years of noncompliance unless the Office of Student Achievement recommends to the state board that loss of governance not be included in a contract with respect to a high performing school, in which case the contract may provide alternate terms. 20-2-84.1. The State Board of Education shall, as provided for in the contract entered into with a local school system pursuant to Code Section 20-2-83, mandate the loss of governance of one or more of its nonperforming schools as a consequence of failure pursuant to paragraph (2) of subsection (c) of Code Section 20-2-84. Such loss of governance may include, but shall not be limited to: (1) Conversion of a school to charter status; (2) Operation of a school by a successful school system, as defined by the Office of Student Achievement; or (3) Operation of a school by a private entity, nonprofit or for profit, pursuant to a request for proposals issued by the department. 20-2-84.2. (a) The Office of Student Achievement shall revise the single state-wide accountability system established pursuant to paragraph (1) of subsection (a) of Code Section 20-1426 for submission to the state board for approval to integrate the requirements of this article, to the greatest extent practicable, including, but not limited to, the loss of governance consequences provided for in Code Section 20-2-84.1. (b) The Office of Student Achievement shall monitor each local school systems progress toward meeting its performance goals in its strategic plan and shall the notify the department if a local school system is not in compliance with its performance goals. The department shall provide support and guidance to school systems not meeting their yearly progress goals. 20-2-84.3. The department shall determine a phase-in schedule for the implementation of this article with respect to local school systems. For the 2008-2009 school year, the department shall select no more than 15 local school systems to begin the strategic plan process or opt for the status quo and shall phase in the remaining local school systems so that all local school systems shall have a strategic plan and contract in place or have signed a statement indicating their election to maintain the status quo by the 2015-2016 3880 JOURNAL OF THE SENATE school year, except as otherwise provided for in Code Section 20-2-84.4. 20-2-84.4. This article shall not apply to a local school system which has become a charter system pursuant to Code Section 20-2-2063.2 or which is in the process of applying to become a charter system. 20-2-84.5. The State Board of Education shall be authorized to establish rules, regulations, and guidelines to effect the implementation of this article." SECTION 2. Said chapter is further amended by revising Code Section 20-2-101, relating to appointment of local school superintendents, as follows: "20-2-101. (a) Superintendents of each school system shall be employed by the local board of education under written contracts for a term of not less than one year and not more than three years. Any provision of any such contract which provides for an extension of the duration of employment thereunder, whether automatic or contingent upon the occurrence of one or more events, shall be void if that extension would result in employment under the contract, as so extended, for a period which exceeds three years. Those provisions of any local Act which authorize employment contracts with a school superintendent which are of a duration which exceeds that authorized by this subsection, which local Act became effective before, at the time of, or after April 15, 1993, are repealed. Any contract entered into pursuant to the provisions of a local Act repealed by the terms of the preceding sentence of this subsection shall not be affected by such repeal for the duration of that contract as specified immediately before April 15, 1993, as long as that contract was valid at such time. (b) No person shall be eligible to be appointed or employed as superintendent of schools of any county or independent school system unless such person is of good moral character, has never been convicted of any crime involving moral turpitude, and possesses acceptable business or management experience as specified by the Professional Standards Commission or the minimum valid certificate or a letter of eligibility for said certificate required by the Professional Standards Commission. (c) Superintendents shall have such additional qualifications as may be prescribed by local law or policies of the local board for that school district, not inconsistent with the provisions of this chapter. (d) This Code section shall not apply to any elected school superintendent in office on January 1, 1993, during the term of office for which that person was elected. (e) At any time during the 12 months immediately preceding the expiration of an appointed or elected school superintendents contract or term of office, or when a vacancy in the office of school superintendent occurs, the local board may appoint and employ a successor in accordance with the above provisions of this Code section, FRIDAY, APRIL 4, 2008 3881 notwithstanding that the terms of some or all of the board members will expire before the employment of the superintendent so appointed and employed begins. Where a local board of education decides to appoint and employ the incumbent elected superintendent of the school district as the superintendent for a term beginning during 1996 or thereafter, or to renew the contract of any appointed superintendent, the board shall not be required to comply with the notice and announcement provisions of subsection (d) of Code Section 20-2-211 or any local policy adopted pursuant thereto. (e) A local school superintendent may concurrently serve as a principal, teacher, or in another staff position as directed by the local board in its sole discretion and in accordance with the terms of the contract between the superintendent and the local board. A local school superintendent may also serve concurrently as superintendent of one or more local school systems in accordance with the terms of his or her respective contracts and upon approval by each affected local school system. (f) No substantive or procedural right regarding employment or termination of employment of a superintendent by a local school system shall be created by this Code section. Rather, the terms and conditions of employment of a school superintendent by a local school system shall be determined exclusively by the contract between those parties and may include, without being limited to, the conditions under and procedures by which that contract may be terminated prior to the end of the term of that contract." SECTION 3. Said chapter is further amended by revising Code Section 20-2-244, relating to waivers to improve student performance, as follows: "20-2-244. (a) The State Board of Education is authorized to waive specifically identified state rules, regulations, policies, and procedures, or provisions of this chapter, upon the request of a local school board and in accordance with this Code section. The goal for each waiver shall be improvement of student performance. (b) The State Board of Education is not authorized to waive any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title. A school or school system that has received a waiver shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request. (c) The provisions of this Code section shall not apply to charter schools. (d) The board shall require a written application for a waiver that shall include, as at a minimum: (1) Identification of the specific state rules, regulations, policies, and procedures, or provisions of this chapter that are requested for waiver; 3882 JOURNAL OF THE SENATE (2) A description of the policies and procedures the school or school system shall substitute for the waived state rules, regulations, policies, and procedures, or provisions; (3) A description of how the proposed waiver will improve student performance; (4) A description of the students who will be affected by the proposed waiver, including their estimated number, current performance, grade level, and any common demographic traits; (5) A list of schools by name that will be affected by the proposed waiver, and a description of each school, including current performance, grade levels, and demographic traits of the students of each such school; (6) Methods for collection of data, and for measuring and evaluating any change in student performance resulting from the proposed waiver; (7) The period of time for which the proposed waiver is requested and the proposed starting date; and (8) A resolution from the local school board approving the waiver request. (e) The State Board of Education may grant or deny a waiver request, or grant a waiver request subject to specified modifications in the waiver request. (f) A waiver may be granted in accordance with this Code section for any period of time not to exceed five years. The State Board of Education shall require reports regarding the effect of the waiver at least annually, and may require more frequent reports if necessary to monitor the effect of the waiver effectively. The State Board of Education shall report annually to the General Assembly regarding the waivers granted, the effect of each waiver, and any recommendations for legislative changes generated by successful waivers. (g) On and after July 1, 2008, the State Board of Education shall not authorize any waivers or variances pursuant to this Code section to any local school system for the following: (1) Class size requirements in Code Section 20-2-182; provided, however, that the state board shall be authorized to waive class sizes pursuant to this Code section in the event that a local school system can demonstrate a hardship pursuant to a waiver request; (2) Expenditure controls in Code Section 20-2-171 and categorical allotment requirements in Article 6 of this chapter; (3) Certification requirements in Code Section 20-2-200; (4) Salary schedule requirements in Code Section 20-2-212; and (5) State curriculum requirements established pursuant to Code Sections 20-2-140, 20-2-142, 20-2-143, 20-2-144, and 20-2-145. A local school system which has received a waiver or variance pursuant to this Code section prior to entering into a contract pursuant to Article 4 of this chapter shall be required to include such waiver or variance in such contract." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. FRIDAY, APRIL 4, 2008 3883 Senator Johnson of the 1st asked unanimous consent that the Senate disagree to the House amendment to the Senate substitute to HB 1209. The consent was granted, and the Senate disagreed to the House amendment to the Senate substitute to HB 1209. The following bill was taken up to consider House action thereto: SB 492. By Senators Bulloch of the 11th and Harp of the 29th: A BILL to be entitled an Act to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to add an additional accrediting entity to the definition of the term "eligible high school"; 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 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to revise requirements relating to in-state tuition; to provide for definitions; to add an additional accrediting entity to the definition of the term "eligible high school"; to change certain provisions relating to residency requirements for a HOPE scholarship at a public postsecondary institution; to change certain provisions relating to residency requirements for a HOPE scholarship at a private postsecondary institution; to provide that postsecondary level course hours taken prior to high school graduation will count towards hourly caps under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by revising Code Section 20-3-66, relating to determination of resident status of students for tuition or fees, as follows: "20-3-66. For the purposes of determining resident status for tuition or fees, no person who has attained the legal age of majority shall be deemed to have gained residence while attending any educational institution in this state as a full-time student, as such status is defined by the board of regents, in the absence of a clear demonstration that he has established domicile in this state and has otherwise complied with the rules governing 3884 JOURNAL OF THE SENATE the residency status of students as adopted by the board. The residence, for tuition or fee purposes, of any person receiving regular financial assistance from his parent, or whose parents income was taken into account by any private or governmental agency furnishing financial educational assistance to such person, including scholarships, loans, or otherwise, shall be the same as that of his parent. In the event such persons parents have separate domiciles, his residence for tuition or fee purposes shall be the domicile of the parent furnishing him the greater financial assistance or the parent having the larger income if neither furnishes such assistance. (a) As used in this Code section, the term: (1) 'Dependent student' means an individual under the age of 24 who receives financial support from a parent or United States court appointed legal guardian. (2) 'Emancipated' means a minor who, under certain circumstances, may be treated by the law as an adult. A student reaching the age of 18 shall not qualify for consideration of reclassification by virtue of having become emancipated unless he or she can demonstrate financial independence and domicile independent of his or her parents. (3) 'Independent student' means an individual who is not claimed as a dependent on the federal or state income tax returns of a parent or United States court appointed legal guardian and whose parent or guardian has ceased to provide support and right to that individuals care, custody, and earnings. (b)(1) An independent student who has established and maintained a domicile in the State of Georgia for a period of at least 12 consecutive months immediately preceding the first day of classes for the term shall be classified as in-state for tuition purposes. No student shall gain or acquire in-state classification while attending any postsecondary educational institution in this state without clear evidence of having established domicile in Georgia for purposes other than attending a postsecondary educational institution in this state. (2) If an independent student classified as in-state for tuition purposes relocates out of state temporarily but returns to the State of Georgia within 12 months of the relocation, such student shall be entitled to retain his or her in-state tuition classification. (c)(1) A dependent student shall be classified as in-state for tuition purposes if such dependent students parent has established and maintained domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term and: (A) The student has graduated from a Georgia high school; or (B) The parent claimed the student as a dependent on the parents most recent federal or state income tax return. (2) A dependent student shall be classified as in-state for tuition purposes if such students United States court appointed legal guardian has established and maintained domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term, provided that such appointment was not made to avoid payment of out-of-state tuition, and such guardian can provide clear FRIDAY, APRIL 4, 2008 3885 evidence of having established and maintained domicile in the State of Georgia for a period of at least 12 consecutive months immediately preceding the first day of classes for the term. (3) If the parent or United States court appointed legal guardian of a dependent student currently classified as in-state for tuition purposes establishes domicile outside of the State of Georgia after having established and maintained domicile in the State of Georgia, such student may retain his or her in-state tuition classification so long as such student remains continuously enrolled in a public postsecondary educational institution in this state, regardless of the domicile of such students parent or United States court appointed legal guardian. (d) Noncitizen students shall not be classified as in-state for tuition purposes unless the student is legally in this state and there is evidence to warrant consideration of in-state classification as determined by the board of regents. Lawful permanent residents, refugees, asylees, or other eligible noncitizens as defined by federal Title IV regulations may be extended the same consideration as citizens of the United States in determining whether they qualify for in-state classification. International students who reside in the United States under nonimmigrant status conditioned at least in part upon intent not to abandon a foreign domicile shall not be eligible for in-state classification." SECTION 2. Said chapter is further amended by revising paragraph (6) of Code Section 20-3-519, relating to definitions applicable to HOPE scholarships and grants, as follows: "(6) 'Eligible high school' means a public or private secondary school which is: (A) Located in Georgia and accredited as such by: (i) The Southern Association of Colleges and Schools; (ii) The Georgia Accrediting Commission; (iii) The Georgia Association of Christian Schools; (iv) The Association of Christian Schools International; (v) The Georgia Private School Accreditation Council; (vi) The Accrediting Commission for Independent Study; or (vii) The Southern Association of Independent Schools; or (B) Located in another state and accredited by one of the following regional or state accrediting entities agencies: (i) The Southern Association of Colleges and Schools; (ii) The New England Association of Schools and Colleges; (iii) The Middle States Association of Colleges and Schools; (iv) The North Central Association of Colleges and Schools; (v) The Northwestern Association of Schools and Colleges; (vi) The Western Association of Schools and Colleges; (vii) The Alabama Independent School Association; or (viii) The Southern Association of Independent Schools; or (ix) The Florida Council of Independent Schools." 3886 JOURNAL OF THE SENATE SECTION 3. Said chapter is further amended by revising Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship at a public postsecondary institution, as follows: "20-3-519.2. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) Meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded. Notwithstanding the foregoing, a dependent child of military personnel stationed in Georgia shall be deemed to be a legal resident of Georgia and, subject to meeting all other eligibility requirements, shall be eligible to receive the HOPE scholarship as a freshman if the student graduated from a high school located in Georgia or from a home study program meeting the requirements of Code Section 20-2-690 that is located in Georgia; (2) Meet achievement standards by: (A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1993 or thereafter and meeting the requirements set out in the applicable subsection and paragraph of Code Section 202-157; or (B) In the case of a student who is otherwise qualified but: (i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993, provided that such student shall only be eligible for a HOPE scholarship pursuant to subsection (e) of this Code section; (ii) Completed a home study program meeting the requirements of subsection (c) FRIDAY, APRIL 4, 2008 3887 of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; or (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) Meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution: (i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a parttime student and has maintained part-time student status for three consecutive quarters or semesters; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the 3888 JOURNAL OF THE SENATE postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate or first professional degree at a public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) Meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, being accepted into the first professional degree program of study prior to receiving a baccalaureate degree. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate or a first professional degree at a public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) Meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; and (B)(i) If the student was classified as a legal resident of Georgia at the time of FRIDAY, APRIL 4, 2008 3889 graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, being accepted into the first professional degree program of study prior to receiving a baccalaureate degree. (e)(1)(A) A full-time student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter or 30 semester hours without a HOPE scholarship. An otherwise eligible full-time student who regains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the full-time student has attempted 90 or 135 quarter hours or 60 or 90 semester hours may requalify for a HOPE scholarship. (B) An otherwise eligible part-time student who regains or attains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the part-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attain or requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter hours or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester or at the end of three consecutive quarters or semesters for a part-time student pursuant to paragraph (2) of subsection (b) of this Code section shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. 3890 JOURNAL OF THE SENATE (f) For students eligible for a HOPE scholarship under this Code section, no minimum number of hours of enrollment is required. (g)(1) Except as set out in paragraph (2) of this subsection, a student may receive the HOPE scholarship until the first of these events: (A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate or first professional degree program designed to be more than 190 quarter hours or 127 semester hours in length is eligible to receive the HOPE scholarship for the lesser of: (A) A total of 225 attempted quarter hours or 150 attempted semester hours; or (B) The number of hours required for graduation if the student has a cumulative grade point average of at least 3.0 after the term in which the student attempted 190 quarter hours or 127 semester hours. (3) Notwithstanding anything herein to the contrary, attempted hours shall include all postsecondary level course hours taken prior to high school graduation if such student does not qualify for the HOPE scholarship as an entering freshman based solely on his or her grade point average. As used in this paragraph, the term 'postsecondary level course hours' means hours accepted by the students eligible postsecondary institution for credit when the student enters as a freshman. (h)(1) Subject to the amounts appropriated by the General Assembly and provisions relating to the Lottery for Education Account in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall include tuition, approved mandatory fees, and a book allowance not to exceed $100.00 per quarter or $150.00 per semester, except as otherwise provided for in paragraphs (2) and (3) of this subsection. (2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, the amount of mandatory fees paid shall be equal to such amount or amounts that were paid on January 1, 2004, except as otherwise provided for in Code Section 50-27-13. (3) Paragraph (2) of this subsection shall not apply to an eligible public postsecondary institution established by law on or after January 1, 2004. For any eligible public postsecondary institution established on or after January 1, 2004, the amount of the mandatory fees paid shall be equal to such amount or amounts initially approved for that new eligible public postsecondary institution for its first year of operation by action of the board of regents or the Department of Technical and Adult Education, as applicable, except as otherwise provided for in Code Section 50-27-13." SECTION 4. Said chapter is further amended by revising Code Section 20-3-519.3, relating to eligibility requirements for a HOPE scholarship at a private postsecondary institution, as follows: FRIDAY, APRIL 4, 2008 3891 "20-3-519.3. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) Meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded. Notwithstanding the foregoing, a dependent child of military personnel stationed in Georgia shall be deemed to be a legal resident of Georgia and, subject to meeting all other eligibility requirements, shall be eligible to receive the HOPE scholarship as a freshman if the student graduated from a high school located in Georgia or from a home study program meeting the requirements of Code Section 20-2-690 that is located in Georgia; (2) Meet achievement standards by: (A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1996 or thereafter and meeting the requirements set out in the applicable paragraph of subsection (b) of Code Section 20-2-157; or (B) In the case of a student who is otherwise qualified but: (i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993, provided that such student shall only be eligible for a HOPE scholarship pursuant to subsection (e) of this Code section; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; or 3892 JOURNAL OF THE SENATE (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day of the institutions drop and add period. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) Meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution: (i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a halftime student and has maintained part-time student status for three consecutive quarters or semesters; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status; and (B) Being registered for and attending classes as at least a half-time student for 14 FRIDAY, APRIL 4, 2008 3893 days or more after the last day of the institutions drop and add period. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate or first professional degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) Meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or provided that in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, have been accepted into the first professional degree program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day of the institutions drop and add period. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate or first professional degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) Meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 3894 JOURNAL OF THE SENATE 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, being accepted into the first professional degree program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day of the institutions drop and add period. (e)(1)(A) An otherwise eligible full-time student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter hours or 30 semester hours without a HOPE scholarship. A full-time student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the full-time student has attempted 90 quarter hours or 60 semester hours may requalify for a HOPE scholarship. A full-time student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the full-time student has attempted 135 quarter hours or 90 semester hours may requalify for a HOPE scholarship. (B) An otherwise eligible half-time student who regains or attains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the half-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attain or requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester or at the end of three consecutive quarters or semesters for a half-time student pursuant to paragraph (2) of subsection (b) of this Code section shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or FRIDAY, APRIL 4, 2008 3895 at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (f)(1) Except as set out in paragraph (2) of this subsection, a student may receive a HOPE scholarship until the first of these events: (A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate or first professional degree program designed to be more than 190 quarter hours or 127 semester hours in length is eligible to receive a HOPE scholarship for the lesser of: (A) A total of 225 attempted quarter hours or 150 attempted semester hours; or (B) The number of hours required for graduation if the student has a cumulative grade point average of at least 3.0 after the term in which the student attempted 190 quarter hours or 127 semester hours. (3) Notwithstanding anything herein to the contrary, attempted hours shall include all postsecondary level course hours taken prior to high school graduation if such student does not qualify for the HOPE scholarship as an entering freshman based solely on his or her grade point average. As used in this paragraph, the term 'postsecondary level course hours' means hours accepted by the students eligible postsecondary institution for credit when the student enters as a freshman. (g)(1) Except as provided for in paragraph (2) of this subsection, subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $3,000.00 for any academic year. (2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $1,500.00 for half-time enrollment and $3,000.00 for full-time enrollment for any academic year." SECTION 5. 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 492 as amended by the following amendment: Amend the House Committee on Rules substitute to SB 492 (LC 33 2665S) by inserting after "conditions;" on line 8 of page 1 the following: to provide that enrollment in postsecondary courses at a branch of the Georgia Department of Technical and Adult Education will not count against the hourly caps for 3896 JOURNAL OF THE SENATE HOPE grants; By inserting between lines 7 and 8 of page 15 the following: SECTION 4A. Said chapter is further amended by adding a new paragraph (5.1) and revising paragraph (7) of Code Section 20-3-519, relating to definitions regarding HOPE scholarships and grants, as follows: "(5.1) 'Dual credit enrollment' means enrollment by a student in a postsecondary course in which an agreement has been established between an eligible high school and an eligible postsecondary institution wherein the student earns Carnegie units of credit that count toward both high school graduation requirements and postsecondary coursework requirements." "(7) 'Eligible postsecondary institution' means a school which is: (A) A unit of the University System of Georgia; (B) A branch of the Georgia Department of Technical and Adult Education or an affiliated institution which is controlled by a local board of education; (C) A private independent nonprofit postsecondary institution eligible for tuition equalization grants in accordance with the provisions of subparagraph (A) of paragraph (2) of Code Section 20-3-411; or (D) A private proprietary postsecondary institution eligible for tuition equalization grants in accordance with the provisions of subparagraph (C) of paragraph (2) of Code Section 20-3-411." SECTION 4B. Said chapter is further amended by revising subsection (e) of Code Section 20-3-519.5, relating to eligibility for HOPE grants at a branch of the Georgia Department of Technical and Adult Education, as follows: "(e) No student may receive HOPE grants for more than 95 quarter hours or 63 semester hours of attempted coursework, except as provided for in subsection (f) of this Code section. No student may receive more than a cumulative total of 190 quarter hours or 127 semester hours of combined HOPE scholarships and grants, unless in accordance with Code Sections 20-3-519.2 and 20-3-519.3. For purposes of this subsection, attempted hours shall not include hours for courses taken pursuant to Code Section 20-2-161.1 and paid for by a HOPE grant while a student is participating in dual credit enrollment with both an eligible high school and a branch of the Department of Technical and Adult Education or a unit of the University System of Georgia. The Department of Technical and Adult Education or the University System of Georgia, as applicable, shall verify that the student is enrolled in an eligible high school and shall notify the Georgia Student Finance Commission of the students participation in dual credit enrollment." On the motion, a roll call was taken and the vote was as follows: FRIDAY, APRIL 4, 2008 3897 Y Adelman Balfour E Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 492 as amended by the Senate. The following bill was taken up to consider House action thereto: HB 1168. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-13-51 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, collection, and expenditure of proceeds of such tax; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Rogers of the 21st asked unanimous consent that the Senate insist on its substitute to HB 1168. The consent was granted, and the Senate insisted on its substitute to HB 1168. The following bill was taken up to consider House action thereto: 3898 JOURNAL OF THE SENATE HB 1113. By Representatives Heard of the 104th, Rynders of the 152nd, Houston of the 170th, Morris of the 155th, Royal of the 171st and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, so as to provide definitions; to provide for the requirements of a state purchasing card program; to provide penalties for violators; to authorize the promulgation of rules and regulations; to provide for related matters; to provide for effective dates and applicability; 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 1113. The consent was granted, and the Senate insisted on its substitute to HB 1113. The following bill was taken up to consider House action thereto: SB 355. By Senators Smith of the 52nd, Hamrick of the 30th, Cowsert of the 46th, Harp of the 29th, Meyer von Bremen of the 12th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to provide for the disbursement of certain settlement funds after closing even though such funds are not collected funds; to provide that lenders shall provide loan funds in the form of collected funds at or prior to closing; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Smith of the 52nd asked unanimous consent that the Senate adhere to its amendment to the House substitute to SB 355 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, Cowsert of the 46th and Smith of the 52nd. The following bill was taken up to consider House action thereto: HB 670. By Representative Sims of the 169th: 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 FRIDAY, APRIL 4, 2008 3899 computation of income tax, so as to provide for an income tax credit with respect to wood residuals; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the commissioner 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 House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 670 (LC 18 7569TS) by striking lines 6, 7, and 8 of page 1 and inserting in their place "time;". By striking "and" at the end of line 19 of page 2. By striking the period at the end of line 22 of page 2 and inserting in its place "; and" By inserting between lines 22 and 23 of page 2 the following: (E) Biomass equipment to convert wood residuals into electricity through gasification and pyrolysis. By striking lines 35, 36, and 37 of page 2 and inserting in their place "Code." By striking "2010" and inserting in its place "2012" on line 6 of page 3. By striking lines 3 and 4 of page 4 and inserting in their place the following: (B) For calender year 2009, $2,500,000.00; (C) For calender year 2010, $2,500,000.00; (D) For calender year 2011, $2,500,000.00; and (E) For calender year 2012, $2,500,000.00. By striking line 23 of page 4 and inserting in its place the following: heating, wind equipment, and biomass equipment as described in subparagraphs (a)(3)(A), (a)(3)(D), and (a)(3)(E) By striking line 12 of page 6 through line 22 of page 7 and inserting in their place the following: SECTION 2. This Act shall become effective on July 1, 2008. 3900 JOURNAL OF THE SENATE SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd asked unanimous consent that the Senate disagree to the House amendment to the Senate substitute to HB 670. The consent was granted, and the Senate disagreed to the House amendment to the Senate substitute to HB 670. Senator Mullis of the 53rd asked unanimous consent that HB 1035, having been placed on the Table on Wednesday, April 2, 2008, be taken from the Table. The consent was granted, and HB 1035 was taken from the Table. Pursuant to Senate Rule 4-2.10(a), HB 1035, having been taken from the Table, was put upon its passage. HB 1035. By Representatives Smith of the 129th, Sheldon of the 105th, Floyd of the 147th, Rogers of the 26th, May of the 111th 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 motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. 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 12, 2008 FRIDAY, APRIL 4, 2008 3901 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 1035 (LC 34 1482) This bill would extend the expiration date for the exemption from motor fuel taxes for public transit and public campus transportation systems. Vehicles that will qualify for this exemption include buses, vans, minibuses, or other vehicles that have the capacity to transport seven or more passengers. Under current law, this exemption is in effect from July 1, 2006 through June 30, 2008. This bill would extend the exemption through June 30, 2011. The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: Georgia Regional Transportation Authority (GRTA) provided motor fuel tax exemption transit savings data for 2006 and 2007, which includes both excise and prepaid motor fuel tax collections. The 2007 data are a projection based on 2006 usage and 2007 tax rates. The data includes all public transit systems in Georgia and the University of Georgia (UGA) campus transit system. Data was also collected from the University System of Georgia and UGA's annual financial statements to estimate motor fuel tax exemption savings for public campus transportation systems. In 2006, UGA's motor fuel tax exemption savings was 0.021 percent of total expenditures on supplies and other services. Assuming all campus transit systems are similar in motor fuel usage, this 0.021 percent is applied to expenditures on supplies and other services for the University System of Georgia. The public campus transit system estimated motor fuel tax exemption savings for 2006 and 2007, excluding UGA, are $240,541 and $256,256 respectively. These estimates are added into GRTA's tax data to estimate the total impact of a motor fuel tax exemption for public transit and public campus transportation systems. The growth in total tax exemption transit savings between 2006 and 2007 is 1.08 percent. The estimate of Georgia's tax revenue loss for 2008 through 2011 assumes that this growth remains constant. Georgia's annual tax revenue loss for 2008 is about $2.4 million and increases to about $2.5 million in 2011. It should be noted that these estimates can vary due to changes in ridership, transit route mileage, and motor fuel prices. Increases in ridership and transit route mileage will increase the amount of motor fuel usage and thus, tax revenue losses will increase. A portion of the tax revenue losses consist of prepaid tax collections, thus any change in motor fuel prices will change total tax revenue losses. All GA Systems Georgia Tax Revenue Loss 2008 2009 2010 $2,384,459 $2,410,294 $2,436,410 2011 $2,462,808 3902 JOURNAL OF THE SENATE Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget Senator Seabaugh of the 28th asked unanimous consent to unengross HB 1035. There was no objection. Senator Mullis of the 53rd offered the following amendment #1: Amend HB 1035 by deleting line 2 on page 2 and inserting in lieu thereof the following: This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. On the adoption of the amendment, there were no objections, and the Mullis amendment #1 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 Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Heath Y Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber FRIDAY, APRIL 4, 2008 3903 Y Harbison Y Harp Y Hawkins Y Ramsey Y Reed Y Rogers Y Wiles Williams On the passage of the bill, the yeas were 51, nays 0. HB 1035, having received the requisite constitutional majority, was passed as amended. Senator Staton of the 18th was excused for business outside the Senate Chamber. Senator Hill of the 32nd moved that HB 977, having been placed on the Table on Wednesday, April 2, 2008, be taken from the Table. Senator Orrock of the 36th objected. On the motion, a roll call was taken, and the vote was as follows: N Adelman Balfour E Brown Y Bulloch N Butler Y Carter Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath N Henson C Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Smith E Staton E Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the motion, the yeas were 28, nays 18; the motion prevailed, and HB 977 was taken from the Table. Pursuant to Senate Rule 4-2.10(a), HB 977, having been taken from the Table, was put upon its passage. 3904 JOURNAL OF THE SENATE HB 977. By Representatives Knox of the 24th, Keen of the 179th and Channell of the 116th: A BILL to be entitled an Act to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes regarding 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 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 an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hill of the 32nd. 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 10, 2008 Honorable Tom Knox State Representative State Capitol, Room 220 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 977 (LC 37 0575) Dear Representative Knox: This bill provides that insurers could claim an exemption from state insurance premium taxes on premiums paid for high deductible health plans sold or maintained in connection FRIDAY, APRIL 4, 2008 3905 with a health savings account. It also excludes from individual taxpayers' taxable net income the high deductible health plan premiums paid. These provisions would apply to all taxable years beginning on and after January 1, 2009. The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: The bill has two main provisions. First, it would provide an exemption from the state premium tax equal to 2.25% of the premiums that insurers collect from Georgia residents for high deductible health plans sold or maintained in connection with a health savings account. Second, it would exclude from taxable net income 100% of the premiums paid by individual taxpayers for high deductible health plans established and used with a health savings account to the extent that these premiums are not already excluded from federal adjusted gross income or deducted as an itemized non-business expense. Note that, in general, most individuals who purchase health insurance through employers already pay with tax advantaged dollars and would not be affected by this provision. Also, since high deductible health plans are most attractive to higher income individuals, it is likely that most purchasers of high deductible health plans would be eligible to deduct premium payments against their income under current tax law. The provisions would be effective for all tax years beginning on and after January 1, 2009. Staff of the Insurance and Fire Safety Commissioner's Office informally surveyed several of the leading issuers of high deductible health plans. The companies surveyed had approximately 52,000 high deductible health plans in force in Georgia. Staff estimates that these companies represent about 85% of the total market. This indicates that the total number of accounts in Georgia is approximately 61,200 in early 2006. Market estimates indicate that the national market for high deductible health plans increased by about 43% from early 2006 to 2007. This yields an estimate of 87,550 policies in effect in Georgia in 2007. The estimate of the tax revenue loss uses this number of accounts as the baseline. To determine the revenue impact, data on the annual premium cost per account holder is required. The annual premium cost was taken from data collected by America's Health Insurance Plans, an industry group representing health insurance providers. This data included estimates of total annual costs for single and family policies in the individual, small group and large group markets. America's Health Insurance Plans also published data based on the number of lives covered by High Deductible Plans in each of these markets. These numbers were used to weight the annual premium costs to determine overall averages for individual and family plans. 3906 JOURNAL OF THE SENATE An overall average annual cost was then computed based on the assumption that the market is comprised of 30% individual coverage and 70% family coverage. This yields an average annual premium cost of $3,811. Based on the number of plans assumed in force in Georgia, this yields $333.7 million in premiums in Georgia in 2007. Annual premiums are assumed to grow 20% per year. This growth assumption includes both expansion in the number of policies in force in Georgia and increases in the average annual cost of the premium. This is a conservative assumption regarding future growth given that America's Health Insurance Plans has published market projections of 50% annual growth in coverage under high deductible health plans. Table 1 below summarizes the estimated decline in state insurance premium tax revenues under the proposed legislation on a fiscal year basis. Table 1 Decrease in State Insurance Premium Tax Revenues Fiscal Year 2009 2010 2011 2012 2013 State Premium Tax Revenue Decrease ($000) 5,405.6 11,892.4 14,270.9 17,125.1 20,550.1 The second provision of this bill provides for 100% of the premium payments to be deducted in calculating taxable income for individual taxpayers if the payments have not already been excluded from income or deducted as an itemized non-business expense. The revenue loss due to the income tax deduction allowed depends upon the growth rate in high deductible health plans, the proportion of total premiums paid by individuals, and the marginal tax rate of these individual taxpayers. Data from a Kaiser/HRET survey indicated that 84% of annual premiums of company sponsored high deductible plans are paid by the employer. Thus, total annual premiums are reduced by this percentage for that portion of high deductible plans that are group plans. The remainder is paid by individuals. The marginal tax rate is assumed to be 6%. Georgia joint filers pay a 6% tax rate on taxable income greater than $10,000. Single filers pay a 6% tax rate on taxable income greater than $7,000. It is assumed that 10% of the premiums paid by individuals are eligible for deduction from income due solely to this provision and would otherwise be taxable. FRIDAY, APRIL 4, 2008 3907 Table 2 Decrease in State Income Tax Fiscal Year 2009 2010 2011 2012 2013 State Income Tax Revenue Decrease ($000) 526.1 1,157.5 1,389.0 1,666.8 2,000.2 Table 3 below summarizes the combined impacts of both provisions in the bill. Table 3 Total Decrease in State Revenues Fiscal Year 2009 2010 2011 2012 2013 Total State Revenue Decrease ($000) 5,931.7 13,049.9 15,659.9 18,791.9 22,550.3 Sincerely, /s/ Russell W. Hinton State Auditor /s/ Trey Childress, Director Office of Planning and Budget The Senate Government Oversight Committee offered the following substitute to HB 977: 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 for legislative intent; to provide an exemption from insurance premium taxes for certain insurance products; to provide for the Commissioner of Insurance to adopt policies to promote, approve, and encourage health savings account eligible high deductible plans in Georgia; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in such plans; to provide 3908 JOURNAL OF THE SENATE for certain requirements for such plans; to provide for health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses under certain circumstances; to enact the "Georgia Health Marketplace Act"; to establish the Georgia Health Marketplace to provide access to health care products for Georgia consumers; to provide for definitions; to establish the Georgia Health Marketplace Authority; to provide for its membership and powers; to provide for health care products and programs in the Georgia Health Marketplace; to create a marketing trust fund; to provide for limited liability; to provide for consumer complaints; to provide for catastrophic coverage products; to provide for rules and regulations; to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for an income tax deduction for high deductible health plans established and used with a health savings account; to provide for an income tax credit for certain employers who provide high deductible health plans established and used with a health savings account; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for related matters; to provide for applicability and effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new 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 shall be exempt from otherwise applicable state premium taxes as provided for in subsection (a) of this Code section on premiums paid by Georgia residents 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 2. Said title is further amended by adding a new subsection (a.1) in Code Section 33-8-8.2, relating to amount and method of computing local insurance premium taxes on insurance companies other than life insurance companies, to read as follows: "(a.1) Insurers shall be exempt from otherwise applicable local premium taxes as provided for in subsection (a) of this Code section on premiums paid by Georgia residents 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 3. Said title is further amended by striking Chapter 51 in its entirety and inserting in lieu thereof a new Chapter 51 to read as follows: FRIDAY, APRIL 4, 2008 3909 "CHAPTER 51 33-51-1. This chapter shall be known and may be cited as the 'Georgia Affordable HSA Eligible High Deductible Health Plan.' 33-51-2. It is the intent of the General Assembly: (1) To authorize the Commissioner to establish flexible guidelines for health savings account eligible high deductible plan designs which will be affordable to Georgians and to increase the availability of these types of plans by accident and sickness insurers licensed to transact such insurance in this state; (2) To encourage the offering of affordable health savings account eligible high deductible plans, as required under the rules of the federal Internal Revenue Service related to the establishment of health savings accounts, with the specific intent of reaching many otherwise uninsured Georgians and the general intent of creating affordable comprehensive health insurance for all Georgians; and (3) To enhance the affordability of insurance with the flexible health savings account eligible high deductible plans allowed under this chapter by allowing rewards and incentives for participation in and adherence to health behaviors that recognize the value of the personal responsibility of each citizen to maintain good health, seek preventative care services, and comply with approved treatments. 33-51-3. (a) The Commissioner shall develop flexible guidelines for coverage and approval of health savings account eligible high deductible plans which are designed to qualify under federal and state requirements as high deductible health plans for use with health savings accounts which comply with federal requirements under the applicable provisions of the federal Internal Revenue Code for high deductible health plans sold in connection with health savings accounts. (b) The Commissioner shall be authorized to encourage and promote the marketing of health savings account eligible high deductible plans by accident and sickness insurers in this state; provided, however, that nothing in this Code section shall be construed to authorize the sale of insurance in violation of Chapter 3 of this title or interstate sales of insurance. (c) The Commissioner shall be authorized to conduct a national study of health savings account eligible high deductible plans available in other states and to determine if and how these products serve the uninsured and if they should be made available to Georgians. (d) The Commissioner shall be authorized to develop an automatic or fast track approval process for health savings account eligible high deductible plans already approved under the laws and regulations of this state or other states. (e) The Commissioner shall be authorized to promulgate such rules and regulations as 3910 JOURNAL OF THE SENATE he or she deems necessary and appropriate for the design, promotion, and regulation of health savings account eligible high deductible plans, including rules and regulations for the expedited review of standardized policies, advertisements and solicitations, and other matters deemed relevant by the Commissioner. 33-51-4. Insurers that include and operate wellness and health promotion programs, disease and condition management programs, health risk appraisal programs, and similar provisions in their high deductible health policies in keeping with federal requirements shall not be considered to be engaging in unfair trade practices under Code Section 33-6-4 with respect to references to the practices of illegal inducements, unfair discrimination, and rebating. 33-51-5. There shall be no required relationship between preferred provider and nonpreferred provider plan reimbursements for health savings account eligible high deductible plans using nonpreferred provider reimbursements. Such plans, however, shall not: (1) Unfairly deny health benefits for medically necessary covered services; (2) Have differences in benefit levels payable to preferred providers compared to other providers that unfairly deny benefits for covered services; (3) Have a plan coinsurance percentage applicable to benefit levels for services provided by nonpreferred providers that is less than 60 percent of the benefit levels under the policy for such services; or (4) Have an adverse effect on the availability or the quality of services. 33-51-6. Notwithstanding the provisions of paragraphs (2) and (3) of Code Section 33-51-5, health benefit plans providing incentives for covered persons to use pharmaceutical or dental services of preferred providers shall provide, and clearly indicate, that the payment or reimbursement for a noncontracting provider of covered pharmaceutical or dental services shall be the same as the payment or reimbursement for a preferred provider of covered pharmaceutical or dental services; provided, however, that the health benefit plan shall not be required to make payment or reimbursement in an amount which is greater than the actual fee charged by the provider for such dental or pharmaceutical services." SECTION 3A. Said title is further amended by adding a new chapter to read as follows: "CHAPTER 62 33-62-1. This chapter shall be known and may be cited as the "Georgia Health Marketplace Act." FRIDAY, APRIL 4, 2008 3911 33-62-2. For purposes of this chapter, the term: (1) 'Authority' means the Georgia Health Marketplace Authority established pursuant to Code Section 33-62-3. (2) 'Board' means the board of directors of the Georgia Health Marketplace Authority. (3) 'Commissioner' means the Commissioner of Insurance. (4) 'Fund' means the GHM Marketing Trust Fund, as established in Code Section 3362-6. (5) 'GHM' means the Georgia Health Marketplace established pursuant to Code Section 33-62-5. (6) 'Insurer' means any insurer or nonprofit organization authorized to sell accident and sickness policies, subscriber contracts, certificates, or agreements of any form under Chapters 15, 18, 19, 20, 21, 29, and 30 of this title. 33-62-3. (a) There is established the Georgia Health Marketplace Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name the authority may contract and be contracted with and bring and defend actions. The authority shall have perpetual existence. (b) The authority shall be governed by a board of directors composed of ten members as follows: (1) The executive director of the Georgia Technology Authority; (2) The Commissioner of the Department of Community Health; (3) The Commissioner of Insurance; (4) A physician who is licensed under Chapter 34 of Title 43, appointed by the Governor; (5) A representative of a health insurance company licensed to offer health insurance policies in this state, appointed by the Lieutenant Governor; (6) A consumer representative, appointed by the Lieutenant Governor; (7) A health care marketing expert, appointed by the Lieutenant Governor; (8) An agent licensed to offer health insurance policies in this state, appointed by the Speaker of the House of Representatives; (9) A consumer representative, appointed by the Speaker of the House of Representatives; and (10) A hospital administrator, appointed by the Speaker of the House of Representatives. The initial members of the board shall be appointed to terms of office beginning July 1, 2008. All members shall serve for terms of three years; provided, however, that for the purpose of providing for staggered terms, of the Lieutenant Governors and Speakers initial appointments, one each shall be appointed for a term of one year, two years, and three years, respectively. Any vacancy on the board shall be filled in the same manner as the original appointment, and any member appointed to fill a vacancy occurring 3912 JOURNAL OF THE SENATE because of death, resignation, or ineligibility for membership shall serve only for the unexpired term of the members predecessor. A member shall be eligible for reappointment. (c) The board shall at its initial meeting and the first meeting of each calendar year thereafter select from among its members a chairperson and a vice chairperson. Meetings shall be held at the call of the chairperson or whenever any two members so request. (d) The members of the board who are not public officers shall be entitled to an expense allowance and reimbursement from funds of the authority for their actual travel expenses necessarily incurred in the performance of their duties and for each day actually spent in performance of their duties in the same manner as provided in Code Section 45-7-21. (e) A majority of the members of the board shall constitute a quorum for the transaction of business of the authority. The vote of at least a majority of the members present at any meeting at which a quorum is present is necessary for any action to be taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all rights and perform all duties of the board. (f) No member or employer of a member shall be eligible to bid on, or enter into, any contract let by the authority or receive payment from the authority as an employee, contractor, consultant, or vendor; provided, however, that this subsection shall not be construed to prohibit a member of the authority or employee of such member from submitting health care products for inclusion on the GHM in accordance with established policies and procedures of the authority. (g) The authority is assigned to the Department of Community Health for administrative purposes only, as prescribed in Code Section 50-4-3. 33-62-4. The authority shall have the following powers: (1) To hire officers, agents, and employees, including an executive director, as necessary to perform the duties and carry out the powers conferred by this chapter; (2) To have a seal and alter the same at its pleasure; (3) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (5) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; FRIDAY, APRIL 4, 2008 3913 (6) To solicit, receive, and review proposals from technology vendors for the development and implementation of technology to operate and maintain the GHM, including an Internet website accessible to all Georgians; (7) To identify health care products which fall under the categories set out in paragraphs (2) through (6) of subsection (b) of Code Section 33-62-5 for inclusion in the GHM, provided that the authority shall not have the power to directly issue insurance policies; (8) To suspend, at its sole discretion, products from inclusion in the GHM and companies and entities from submitting products for inclusion based on evidence of fraud, provided such suspension or any reinstatement shall occur only upon the written request of the Commissioner or federal law enforcement authorities; (9) To develop and approve specific measurement tools for consumers to use in comparing health care products, including brief summaries of deductibles, copayment requirements, covered providers, benefits, premiums, and coverage limits. To the maximum extent possible, the authority shall utilize cost and quality measurements established by the Georgia Health Information Technology and Transparency Advisory Board; (10) To develop a brief questionnaire of not more than ten questions to enable visitors to the GHM website to obtain instant approximate price quotes consisting of either specific prices or price ranges for products they may wish to purchase. Approximate rates provided by insurers pursuant to such questionnaire shall be used only for informational purposes and shall create no contractual obligation on the part of an insurer to offer an individual a policy at such rate prior to completion of medical underwriting by such insurer. If identical policies are sold by an insurer on the GHM and outside the GHM, monthly premiums shall be comparable to each other for each policy. Information provided by consumers through the GHM for purposes of obtaining price quotes on products shall not be transferred outside the GHM or recorded in written or electronic form by the GHM; (11) To develop a common battery of medical underwriting questions that can be uniformly utilized by health insurance companies on a voluntary basis to medically underwrite policies; (12) To fix and collect fees and charges associated with the operation of the GHM, including but not limited to listing charges for health insurance companies and licensed insurance agents to register on the GHM; provided, however, that any fees and charges collected shall be used only for purposes of promoting the GHM to Georgia consumers and shall not be used for general administrative expenses associated with the GHM; (13) To administer the GHM Marketing Trust Fund, as established in Code Section 33-62-6; (14) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds and to use for its corporate purposes or redeposit or reinvest interest earned on such funds; 3914 JOURNAL OF THE SENATE (15) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; and (16) To do all things necessary or convenient to carry out the powers conferred by this chapter. 33-62-5. (a) The authority shall establish, operate, and maintain the Georgia Health Marketplace, which shall serve as an Internet portal for access to health care products which fall under the categories set out in paragraphs (2) through (6) of subsection (b) of this Code section and to the PeachCare for Kids Program. The GHM shall also include specific measurement tools for consumers to use in comparing individual health care products, including brief summaries of deductibles, copayment requirements, covered providers, benefits, premiums, financial soundness ratings, and coverage limits. (b) The health care products and programs included in the GHM shall be in one of the following categories: (1) PeachCare for Kids Program created by Code Section 49-5-273; (2) Initiatives or programs established by the Department of Community Health aimed at providing accessible health insurance coverage to employees of small businesses in this state, such as the Health Insurance Partnership; (3) Traditional individual health insurance products sold by licensed Georgia insurers; (4) Individual health care savings accounts, including any health care plan offering medical savings accounts, health reimbursement arrangement accounts, or health savings accounts. (5) Health care services provided directly from a physician or hospital which do not require a health care provider to manage any risk, such as, but not limited to, a set number of office visits, annual checkups, a set range of imaging services, immunizations, and services provided on a regular schedule for chronic diseases. Prior to receiving health care services directly from a physician or hospital pursuant to this paragraph, a consumer shall be required to sign an acknowledgment and understanding of the following statement: 'I understand I am purchasing a prepaid package of medical services. This package of services is not health insurance and provides only prepaid services at a discounted rate. Purchasing this package without also purchasing catastrophic coverage insurance may leave me without coverage for many major medical problems.' These services shall not be treated as insurance products under Georgia law. The Composite State Board of Medical Examiners shall be responsible for disciplining any physician or physician acting on behalf of a hospital for unprofessional conduct in offering or providing such services; and (6) Individual catastrophic coverage products only as authorized pursuant to Code Section 33-62-8. (c) The GHM shall provide consumers who identify health care products on the GHM FRIDAY, APRIL 4, 2008 3915 the option of contacting a health insurance company or a licensed insurance agent by telephone or direct electronic referral to the agent or company website when he or she has additional questions about a product at any point in the selection process, or is ready to purchase a product. For consumers choosing the licensed insurance agent option, licensed agents selling the selected plan shall be listed in the order directed by the authority, with that order being determined by professional qualifications of the agent and the agents geographical proximity to the address given by the consumer; provided, however, that the authority may take into consideration a licensed insurance agents history of consumer complaints against such agent in the listed order. The authority shall include on the GHM a description of the important role of licensed agents in educating consumers on health insurance products. Each agent listing provided to the consumer shall include a list of the GHM vendor companies for which the agent is licensed. (d) The provisions of Chapter 21 of this title shall not be deemed to prohibit licensees thereunder from selling the policies provided for in this Code section. (e) The purchase of an accident and sickness policy or contract under this Code section shall not preclude the purchaser from purchasing additional limited benefit insurance policies or contracts. (f) All insurance policies offered for sale on the GHM shall include coverage for the following procedures which are critical to the early detection of life-threatening diseases: ovarian cancer screening, colorectal cancer screening, diabetes screening, pap smears, mammograms, and prostate specific antigen tests. Further, policies offered for sale on the GHM which include a primary care component shall offer beneficiaries the choice of designating an obstetrician or gynecologist as their primary care physician. 33-62-6. (a) There is created the GHM Marketing Trust Fund as a separate fund in the state treasury. The trust fund shall be administered by the authority. (b) The trust fund shall consist of such moneys as appropriated by the General Assembly, fees and charges determined and collected by the authority for the operation of the Georgia Health Marketplace, which shall be limited to initial listing charges for health insurance companies and licensed insurance agents to register on the GHM, and private contributions from any source. (c) State funds received by the authority through appropriations by the General Assembly shall not be expended by the authority unless the authority collects or receives matching private funds at a ratio of 1:1 to the state funds through fees, charges, or contributions from health insurance companies, licensed insurance agents, or other private sources. State funds not matched within two years shall be returned from the trust fund to the general fund. (d) Funds from the trust fund shall be expended only for the purpose of entering into competitively bid contracts for private sector marketing, advertising, and public relations to promote the GHM to Georgia consumers. Funds shall not be expended for general administrative expenses associated with the GHM. 3916 JOURNAL OF THE SENATE 33-62-7. (a) The authority shall not be liable for any acts or omissions of an insurer related to its participation in the GHM. (b) Consumer complaints relating to health care products and programs purchased or enrolled in through the GHM shall be handled in the same manner as would be applicable if the consumer purchased or enrolled in the health care product or program through other means. 33-62-8. (a) Notwithstanding any other provision of law and on and after the effective date of this Code section, catastrophic coverage products may be offered by an insurer for purposes of this chapter only. Such products shall: (1) Have deductibles in at least a minimum amount as established by the authority; provided, however, that an insurer may set a higher deductible. Such minimum amount shall be equal to the amount established by the United States Department of Treasury as the minimum deductible for high deductible health plans, as it exists on the effective date of this Code section. The authority shall establish and maintain rules governing the adjustments of this figure for purposes of inflation which may be based on the method of adjustment for high deductible health plans established by the United States Department of Treasury or on the Consumer Price Index; (2) Provide coverage for services or treatment based solely upon a contractual agreement between the insurer and the consumer; (3) Be offered only through the GHM by participating insurers and agents; and (4) Be available for purchase only by individuals: (A) Between the ages of 18 and 25; or (B) Who certify in writing that they will open, within 60 days of purchase of the catastrophic coverage product, and maintain an active health care savings account capitalized to an amount equal to or greater than the annual deductible of the catastrophic coverage product the individual intends to purchase through the GHM. Products offered pursuant to this Code section shall not be subject to other Title 33 provisions including but not limited to provisions which require specific state mandated health benefits, which regulate premiums, or which regulate the issuance or cancellation of policies. (b) Prior to purchasing a catastrophic coverage product pursuant to this chapter, a consumer shall be required to sign an acknowledgment and understanding of the following statement: 'I understand that the catastrophic coverage product I am purchasing or enrolling in is not subject to any of the coverage requirements that state law mandates of standard health insurance plans. I understand that in exchange for paying a lower premium, I may be responsible for higher out of pocket expenses if I get sick or am in an accident.' (c) An insurer that offers one or more catastrophic coverage products through the GHM shall also make available for purchase on the GHM at least one individual FRIDAY, APRIL 4, 2008 3917 accident and sickness insurance policy that contains all state mandated health benefits. (d) The Commissioner may promulgate rules and regulations as necessary to implement the provisions of this Code section. (e) All products offered for sale on the GHM pursuant to this Code section shall include coverage for the following procedures which are critical to the early detection of life-threatening diseases: ovarian cancer screening, colorectal cancer screening, diabetes screening, pap smears, mammograms, and prostate specific antigen tests. Further, products offered under this Code section which include a primary care component shall offer beneficiaries the choice of designating an obstetrician or gynecologist as their primary care physician. 33-62-9. The authority and the Commissioner, as appropriate, shall be authorized to adopt rules and regulations to effect the implementation of this chapter." SECTION 4. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new paragraph in subsection (a) of Code Section 48-7-27, 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 provided from a health reimbursement arrangement and have not been included in itemized nonbusiness deductions;" SECTION 5. Said title is further amended by adding a new Code section to read as follows: "48-7-29.13. (a) As used in this Code section, the term: (1) 'Qualified health insurance' means a high deductible health plan that includes, at a minimum, catastrophic health care coverage which is established and used with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code. (2) 'Qualified health insurance expense' means the expenditure of funds of at least $250.00 annually for health insurance premiums for qualified health insurance. (3) 'Taxpayer' means an employer who employs directly, or who pays compensation to individuals whose compensation is reported on Form 1099, 50 or fewer persons and for whom the taxpayer provides high deductible health plans that include, at a minimum, catastrophic health care coverage which are established and used with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code and in which such employees are enrolled. 3918 JOURNAL OF THE SENATE (b) A taxpayer shall be allowed a credit against the tax imposed by Code Section 48-720 or 48-7-21, as applicable, for qualified health insurance expenses in an amount of $250.00 for each employee enrolled for twelve consecutive months in a qualified health insurance plan if such qualified health insurance is made available to all of the employees and compensated individuals of the employer pursuant to the applicable provisions of Section 125 of the Internal Revenue Code. (c) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayers income tax liability. Any unused tax credit shall be allowed the taxpayer against succeeding years tax liability. No such credit shall be allowed the taxpayer against prior years tax liability. (d) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section. (e) The credit allowed by this Code section shall apply only with regard to qualified health insurance expenses." SECTION 6. (a) Sections 1, 4, and 5 of this Act shall become effective on January 1, 2009, and shall be applicable to all taxable years beginning on or after January 1, 2009. The remaining sections 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 expire on January 1, 2015, unless the General Assembly acts to extend these provisions. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senators Orrock of the 36th, Jones of the 10th, Tate of the 38th, Fort of the 39th, Thompson of the 5th and others offered the following amendment #1: Amend the Senate Government Oversight Committee substitute to HB 977 (LC 33 2652S) by striking "to provide an exemption from insurance premium taxes for certain insurance products;" from lines 2 and 3 of page 1. By striking lines 2 through 17 of page 2. By striking "Said title is further" on line 18 of page 2 and inserting in its place "Title 33 of the Official Code of Georgia Annotated, relating to insurance, is". By redesignating Sections 3A, 4, 5, 6, and 7 as Sections 2, 3, 4, 5, and 6, respectively. By striking lines 12 through 17 of page 13 and inserting in lieu thereof the following: Sections 3 and 4 of this Act shall become effective on January 1, 2009, and shall be FRIDAY, APRIL 4, 2008 3919 applicable to all taxable years beginning on or after January 1, 2009. The remaining sections of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Senator Henson of the 41st offered the following amendment #2: Amend the Senate Government Oversight Committee substitute to HB 977 (LC 33 2652S) by striking "high deductible health plans established and used with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code " from lines 9 and 10 of page 12 and inserting in its place "any health insurance or other health care coverage". By striking lines 19 through 20 on page 12 and inserting in lieu thereof the following: (1) 'Qualified health insurance' means any health insurance or other health care coverage. By striking lines 25 through 30 on page 12 and inserting in lieu thereof the following: (3) 'Taxpayer' means an employer who employs directly, or who pays compensation to individuals whose compensation is reported on Form 1099, 50 or fewer persons and for whom the taxpayer provides health insurance or other health care coverage and in which such employees are enrolled. Senator Henson of the 41st moved the previous question. On the motion, a roll call was taken, and the vote was as follows: N Adelman Y Balfour E Brown Y Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick Y Heath N Henson C Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton E Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman N Weber 3920 N Harbison Y Harp Y Hawkins JOURNAL OF THE SENATE Ramsey N Reed Y Rogers Y Wiles Y Williams On the motion, the yeas were 32, nays 19; the motion prevailed, and the previous question was ordered. The following Senators were excused for business outside the Senate Chamber: Chance of the 16th Hooks of the 14th Senator Hooks of the 14th asked unanimous consent that he be excused from voting on HB 977 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Hooks was excused. Senator Orrock of the 36th asked unanimous consent that amendment #1 be withdrawn. The consent was granted, and the Orrock et al. amendment #1 to the committee substitute was withdrawn. Senator Henson of the 41st asked unanimous consent that his amendment #2 be withdrawn. The consent was granted, and the Henson amendment #2 to the committee substitute was withdrawn. On the adoption of the committee substitute, the President asked for unanimous consent. Senator Williams of the 19th objected. On the adoption of the substitute, the yeas were 0, nays 36, and the committee substitute was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: N Adelman Y Balfour E Brown Y Bulloch N Butler Y Carter E Chance Y Heath N Henson C Hill,Jack N Hill,Judson E Hooks N Hudgens Y Jackson Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton E Stoner FRIDAY, APRIL 4, 2008 Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Johnson N Jones Y Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman N Weber Y Wiles Y Williams On the passage of the bill, the yeas were 30, nays 20. HB 977, having received the requisite constitutional majority, was passed. 3921 The following communications were received by the Secretary: Senator Ralph Hudgens District 47 110 State Capitol Atlanta, GA 30334 Committees: Insurance and Labor Agriculture and Consumer Affairs Banking and Financial Institutions Natural Resources and the Environment Reapportionment and Redistricting The State Senate Atlanta, Georgia 30334 4/4/08 I would like to have my vote on HB 977 recorded as a "yea" vote. /s/ Ralph Hudgens Senator Judson Hill District 32 325 Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Reapportionment and Redistricting Special Judiciary Transportation Health and Human Services Judiciary Urban Affairs 3922 JOURNAL OF THE SENATE The State Senate Atlanta, Georgia 30334 11:55 pm-4/4/08 HB 977 I voted yes on the bill. Based on a public recorded statement the Senator from the 33rd disclosed that in error, and after I voted and before the voting machines were locked, Senator from the 33rd voted on my machine in error and changed my vote from yes to no. Please make the journal reflect my yes vote on HB 977 as passed. /s/ Judson Hill The following bill was taken up to consider House action thereto: HB 1244. By Representatives Martin of the 47th and Drenner of the 86th: A BILL to be entitled an Act to amend Code Section 48-7-29.11 of the Official Code of Georgia Annotated, relating to income tax credits for teleworking, so as to extend the period of time for which such credits are granted; to change the amount of certain credits; to change certain reporting requirements; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Rogers of the 21st asked unanimous consent that the Senate adhere to its amendment to the House amendment to the Senate substitute to HB 1244 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, Rogers of the 21st and Seabaugh of the 28th. The following resolution was taken up to consider House action thereto: HR 1246. By Representatives Richardson of the 19th, O`Neal of the 146th and Ehrhart of the 36th: A RESOLUTION proposing an amendment to the Constitution so as to provide for tax relief from ad valorem property taxes; to provide for a short title; to authorize additional tax relief including the elimination of ad valorem property taxes for educational purposes; to provide for optional homeowners incentive adjustments; to authorize the limited amending of conflicting local constitutional amendments; to provide for the automatic repeal of The Property Tax Reform Amendment unless specifically continued by general law; to provide for the revival and restoration of certain prior general and local constitutional provisions; to provide for the repeal of such provisions; to FRIDAY, APRIL 4, 2008 3923 provide for procedures; to provide for effective dates; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Senator Rogers of the 21st asked unanimous consent that the Senate adhere to its disagreement to the House amendment to the Senate substitute to HR 1246 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, Rogers of the 21st and Seabaugh of the 28th. The following bill was taken up to consider House action thereto: HB 1158. By Representatives Stephens of the 164th, Scott of the 153rd, Cooper of the 41st, Channell of the 116th, Oliver of the 83rd and others: A BILL to be entitled an Act to fund the Georgia Trauma Trust Fund; to amend Article 5 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the Georgia Trauma Care Network Commission, so as to provide for certain reports; to provide for intent of the General Assembly with regard to certain funds for funding the Georgia Trauma Trust Fund; 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 impose a charge on certain motor vehicle registrations in this state which shall be transferred to the state treasury for the purpose of funding the Georgia Trauma Trust Fund; to provide for the collection of such charge; to provide an effective date; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend HB 1158 by striking from line 1 on page 1 through the end of the bill and inserting in lieu thereof the following: To amend Titles 31 and 40 of the Official Code of Georgia Annotated, relating, respectively, to health and motor vehicles, so as to fund the Georgia Trauma Trust Fund; to provide for certain reports regarding the Georgia Trauma Trust Fund; to provide for intent of the General Assembly with regard to certain funds for funding the Georgia Trauma Trust Fund; to impose a charge on motor vehicle registrations in this state which shall be transferred to the state treasury for the purpose of funding the Georgia Trauma Trust Fund; to provide for the collection of such charge; to provide for related matters; to provide for a contingent effective date and applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. 3924 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising Code Section 31-11-103, relating to the Georgia Trauma Trust Fund, as follows: "31-11-103. (a) There is established the Georgia Trauma Trust Fund. The executive director of the Georgia Trauma Care Network Commission shall serve as the trustee of the Georgia Trauma Trust Fund. The moneys deposited into such fund pursuant to this article may be expended by the executive director with the approval of the Georgia Trauma Care Network Commission for those purposes specified in Code Section 31-11-102. (b)(1) As soon as practicable after the end of each fiscal year, the Office of Treasury and Fiscal Services shall report to the General Assembly, the Office of Planning and Budget, and the Georgia Trauma Care Network Commission the amount of funds received pursuant to Code Section 40-2-153 from the trauma charge on motor vehicle registrations. (2) It is the intent of the General Assembly that, subject to appropriation, an amount equal to such proceeds received in any fiscal year shall be made available during the following fiscal year to the Georgia Trauma Trust Fund for use of the Georgia Trauma Care Network Commission for the purposes set forth in Code Section 31-11102." SECTION 2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by revising Code Section 40-2-23, relating to county tax collectors and tax commissioners designated tag agents, as follows: "40-2-23. (a) The tax collectors of the various counties of this state and the tax commissioners of those counties in which the duties of the tax collector are performed by a tax commissioner shall be designated as tag agents of the commissioner for the purpose of accepting applications for the registration of vehicles. The commissioner is authorized to promulgate rules and regulations for the purpose of delegating to such tag agents the custodial responsibility for properly receiving, processing, issuing, and storing motor vehicle titles or registrations, or both. (b) The state revenue commissioner is authorized to further designate each such tag agent as a sales tax agent for the purpose of collecting sales and use tax with respect to the casual sale or casual use of a motor vehicle. For purposes of this Code section, 'casual sale' or 'casual use' means the sale of a motor vehicle by a person who is not regularly or systematically engaged in making retail sales of motor vehicles and the first use, consumption, distribution, or storage for use or consumption of such motor vehicle purchased through a casual sale. As personal compensation for services rendered to the Department of Revenue with respect to the collection of such sales and use tax, each such designated tag agent shall be authorized to retain from such FRIDAY, APRIL 4, 2008 3925 collection a fee of $200.00 per month. In any month in which an insufficient amount of such tax is collected to pay such fee, the amount of any such unpaid fee may be deferred until such month as sufficient collections are made. Such compensation shall be in addition to any other compensation to which such tax collector or tax commissioner is entitled. (c) The state revenue commissioner is authorized to further designate each such tag agent as a tax agent for the purpose of collecting the trauma charge required by Code Section 40-2-153. (c)(d) The duties and responsibilities of agents of the commissioner designated under this Code section shall be a part of the official duties and responsibilities of the county tax collectors and tax commissioners." SECTION 3. Said title is further amended by revising Code Section 40-2-29, relating to license fee to accompany application, as follows: "40-2-29. An application for registration shall be accompanied by check; cash; certified or cashiers check; bank, postal, or express money order; or other similar bankable paper, for the amount of the license fee and other fees or charges required by law. A money order receipt or other evidence of the purchase and remittance of such bankable paper for the proper amount, dated prior to any delinquency by the proper authority of the issuer, and showing the office of the commissioner or the office of the county tag agent as the payee and the owner of the vehicle sought to be licensed and registered as the remitter shall serve as a temporary permit to operate such vehicle for a period of 15 days from the date of such remittance." SECTION 4. Said title is further amended by revising Code Section 40-2-30, relating to purchase by mail, as follows: "40-2-30. An applicant may purchase a vehicle license plate or revalidation decal by mail, by mailing a properly completed application form to the tag agent of the county of his the applicants residence along with a money order in the amount of the license fee, all other fees or charges required by law, and all ad valorem taxes due thereon plus an additional fee of $1.00. The governing authority of the county may by resolution authorize the tag agent of the county to receive application and payment for the purchase of a license plate or revalidation decal by mail without charging the additional $1.00 fee." SECTION 5. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 40-2-33, relating to issuance of license plates, as follows: "(a)(1) Upon compliance with the provisions of this chapter and the payment of the 3926 JOURNAL OF THE SENATE license fee and other fees or charges required by law, the tag agent shall accept the application for registration and, except as otherwise provided for in this chapter, if the license plate or revalidation decal applied for is in such tag agents inventory, he or she shall issue the appropriate plate or revalidation decal." SECTION 6. Said title is further amended by revising Code Section 40-2-153, which is reserved, as follows: "40-2-153. There is imposed a trauma charge of $10.00 per year on each motor vehicle that is required to be licensed and registered with the department. Such trauma charge shall be collected in the same manner and at the same time as the license fee required by this chapter is collected and prior to the issuance of a license plate or revalidation decal for such motor vehicle. This Code section shall not apply to vehicles owned by the state or its departments, agencies, or authorities or by any political subdivision of the state. Such charge shall be remitted to the state treasury for the purpose of funding the Georgia Trauma Trust Fund." SECTION 7. This Act shall become effective on July 1, 2009; provided, however, that this Act shall only become effective on July 1, 2009, upon the ratification of a resolution at the November, 2008, state-wide general election, which resolution amends the Constitution so as to provide comprehensive ad valorem tax reform pursuant to The Property Tax Reform Amendment. If such resolution is not so ratified, this Act shall not become effective and shall stand repealed in its entirety on January 1, 2009. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Senator Johnson of the 1st asked unanimous consent that the Senate disagree to the House amendment to the Senate substitute to HB 1158. The consent was granted, and the Senate disagreed to the House amendment to the Senate substitute to HB 1158. 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: FRIDAY, APRIL 4, 2008 3927 HB 1299. By Representatives Jacobs of the 80th, Cooper of the 41st, Willard of the 49th, Geisinger of the 48th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to require that certain hospital authorities contract with nonprofit corporations for the operation and management of its hospitals; to provide for definitions; to provide that a hospital authority that is not in compliance shall not receive trauma funding; to provide for enforcement; to provide that failure to contract with a nonprofit organization shall be considered a minimum function of a hospital authority for purposes of removal of members; to provide that the Georgia Trauma Care Network Commission shall withhold trauma funds from a hospital authority which does not contract with a nonprofit organization; 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, as amended by the House, to the following Bills of the House: HB 535. By Representative Butler of the 18th: A BILL to be entitled an Act to amend Title 37 of the O.C.G.A., relating to mental health, so as to create a patient advocacy board and the position of Patient Advocate General to investigate fatalities and allegations of abuse, neglect, or improper treatment occurring in facilities operated by, subjection to certification by, or under contact with the Division of Mental Health, Developmental Disabilities, and Addictive Diseases; to provide for definitions; to provide for appointment of board members, qualifications of board members, terms, vacancies, removal, and immunity; to provide for oath of office and certificate of appointment; to provide for board meetings, procedure, and expenses; to provide for the powers and duties of the Patient Advocate General; to provide for confidentiality of certain information and exceptions; to provide for reporting of certain information; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1220. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Code Section 40-2-78 of the Official Code of Georgia Annotated, relating to a special license plate for firefighters, so as to provide that such license plates may be retained by the firefighters spouse upon the death of the firefighter; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 3928 JOURNAL OF THE SENATE The following Senators were excused for business outside the Senate Chamber: Cowsert of the 46th Weber of the 40th The following bill was taken up to consider House action thereto: SB 1. By Senators Johnson of the 1st, Williams of the 19th, Hamrick of the 30th and Wiles of the 37th: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to minors generally, so as to provide that it shall be unlawful for persons required to register as sexual offenders to photograph a minor; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the Sexual Offender Registration Review Board, so as to repeal certain provisions relating to residency and employment restrictions for certain sexual offenders; to change a definition; to provide for restrictions on where sexual offenders and sexually dangerous predators may reside, work, volunteer, or loiter; to provide for restrictions on photographing a minor under certain circumstances; to provide for definitions; to provide for punishment; to provide for exemptions from certain residency and employment restrictions; to provide for civil causes of action; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the Sexual Offender Registration Review Board, is amended by repealing in its entirety Code Section 42-1-15, relating to the restrictions on registered offenders residing, working, or loitering within certain areas, the penalties for violations, and civil causes of action. SECTION 2. Said article is further amended by revising paragraph (3) of subsection (a) of Code Section 42-1-12, relating to the State Sexual Offender Registry, as follows: FRIDAY, APRIL 4, 2008 3929 "(3) 'Area where minors congregate' shall include all public and private parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, school bus stops, public libraries, and public and community swimming pools." SECTION 3. Said article is further amended by revising subsection (a) of Code Section 42-1-12, relating to the State Sexual Offender Registry, by adding a new paragraph to read as follows: "(10.1) 'Day-care center' shall have the same meaning as set forth in paragraph (4) of Code Section 20-1A-2." SECTION 4. Said article is further amended by adding a new Code section to read as follows: "42-1-15. (a) As used in this Code section, the term: (1) 'Individual' means a person who is required to register pursuant to Code Section 42-1-12. (2) 'Minor' means any individual who is under 18 years of age. (3) 'Photograph' means to take any picture, film or digital photograph, motion picture film, videotape, or similar visual representation or image of a person. (b) No individual shall reside 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. (c)(1) No individual shall be employed by or volunteer at any child care facility, school, or church or by or at any business or entity that is located within 1,000 feet of a child care facility, a school, or a church. Such distance shall be determined by measuring from the outer boundary of the property of the location at which such individual is employed or volunteers to the outer boundary of the child care facility, school, or church at their closest points. (2) No individual who is a sexually dangerous predator shall be employed by or volunteer at any business or entity that is located within 1,000 feet of an area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property of the location at which the sexually dangerous predator is employed or volunteers to the outer boundary of the area where minors congregate at their closest points. (d) No individual shall intentionally photograph a minor without the consent of the minors parent or guardian. (e) Notwithstanding any ordinance or resolution adopted pursuant to Code Section 166-24 or subsection (d) of Code Section 16-11-36, 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. 3930 JOURNAL OF THE SENATE (f)(1) If an individual owns real property and resides on such property and a child care facility, church, school, or area where minors congregate thereafter locates itself within 1,000 feet of such property, or if an individual has established employment at a location and a child care facility, church, or school thereafter locates itself within 1,000 feet of such employment, or if a sexual predator has established employment and an area where minors congregate thereafter locates itself within 1,000 feet of such employment, such individual shall not be guilty of a violation of subsection (b) or (c) of this Code section, as applicable, if such individual successfully complies with subsection (g) of this Code section. (2) An individual owning real property and residing on such property or being employed within 1,000 feet of a prohibited location, as specified in subsection (b) or (c) of this Code section, shall not be guilty of a violation of this Code section if such individual had established such property ownership or employment prior to July 1, 2006, and such individual successfully complies with subsection (g) of this Code section. (g) If an individual is notified that he or she is in violation of subsection (b) or (c) of this Code section, and if such individual claims that he or she is exempt from such prohibition pursuant to subsection (f) of this Code section, such individual shall provide sufficient proof demonstrating his or her exemption to the sheriff of the county where the individual is registered within ten days of being notified of any such violation. For purposes of providing proof of residence, the individual may provide a drivers license, government issued identification, or any other documentation evidencing where the individuals habitation is fixed. For purposes of providing proof of property ownership, the individual shall provide a copy of his or her warranty deed, quitclaim deed, or voluntary deed, or other documentation evidencing property ownership. For purposes of providing proof of employment, the individual may provide an Internal Revenue Service Form W-2, a pay check, or a notarized verification of employment from the individuals employer, or other documentation evidencing employment. Such employment documentation shall evidence the location in which such individual actually carries out or performs the functions of his or her job. Documentation provided pursuant to this subsection may be required to be date specific, depending upon the individuals exemption claim. (h) 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. (i) 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 5. All laws and parts of laws in conflict with this Act are repealed. FRIDAY, APRIL 4, 2008 3931 Senator Johnson of the 1st offered the following amendment #1: Amend the House Committee on Rules substitute to SB 1 (LC 29 3450S) by striking lines 29 through 31 of page 3 and inserting in lieu thereof the following: (h)(1) Any individual who knowingly violates subsection (d) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature. (2) Any individual who knowingly violates any other any provision of this Code section, except subsection (d) 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. Senator Johnson of the 1st moved that the Senate agree to the House substitute to SB 1 as amended by the Senate. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour E Brown Y Bulloch N Butler Y Carter Y Chance Y Chapman C Cowsert N Davenport Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson N Jones Y Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton E Stoner Y Tarver N Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Tolleson Y Unterman E Weber Y Wiles Y Williams On the motion, the yeas were 41, nays 8; the motion prevailed, and the Senate agreed to the House substitute to SB 1 as amended by the Senate. Senator Wiles of the 37th moved that HB 978, having been placed on the Table on Wednesday, April 2, 2008, be taken from the Table. Senator Meyer von Bremen of the 12th objected. 3932 JOURNAL OF THE SENATE On the motion, a roll call was taken, and the vote was as follows: N Adelman Y Balfour E Brown N Bulloch N Butler Y Carter Y Chance Y Chapman C Cowsert N Davenport Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton E Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C Thompson,S Tolleson Unterman E Weber Y Wiles Y Williams On the motion, the yeas were 28, nays 18; the motion prevailed, and HB 978 was taken from the Table. Senator Chance of the 16th was excused for business outside the Senate Chamber. Pursuant to Senate Rule 4-2.10(a), HB 978, having been taken from the Table, was put upon its passage. HB 978. By Representatives Mills of the 25th and Forster of the 3rd: A BILL to be entitled an Act to amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road for motor vehicles, so as to allow law enforcement officers to seize the vehicles of drivers who are not in the country legally and are involved in a traffic accident; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Wiles of the 37th. The Senate Public Safety Committee offered the following substitute to HB 978: FRIDAY, APRIL 4, 2008 3933 A BILL TO BE ENTITLED AN ACT To amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road for motor vehicles, so as to provide that any motor vehicle that is being operated by a person without a license shall be subject to removal; to provide for exceptions; to provide for return of the vehicle; to provide for fines; 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 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road for motor vehicles, is amended by adding a new Code section to read as follows: "40-6-279. (a) Where a person is operating a motor vehicle without a license in violation of subsection (a) of Code Section 40-5-20, the arresting law enforcement officer shall cause the vehicle being operated by such person to be removed and impounded pursuant to the provisions of Chapter 11 of this title. All provisions of Chapter 11 of this title applicable to vehicles removed by law enforcement officers including lien procedures shall apply to the release or disposal of such vehicle; provided, however, that in addition to any other conditions provided by law, the vehicle shall not be released except to an owner displaying an unexpired drivers license. (b) This Code section shall not apply to: (1) A person driving with an expired license; (2) A first offense committed by an unlicensed driver who is 16 years of age or younger; or (3) A person exempted under Code Section 40-5-21 relating to nonresident drivers." SECTION 2. This Act shall become effective on July 1, 2008, and shall be applied to violations occurring on or after that date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Carter of the 13th and Williams of the 19th offered the following amendment #1: Amend the Senate Public Safety Committee substitute to HB 978 by striking lines 18 through 20 of page 1 and inserting in lieu thereof the following: 3934 JOURNAL OF THE SENATE the release or disposal of such vehicle; provided, however, that the vehicle shall be released to the owner, or the owners spouse, child, or parent upon proof of relationship to the owner, such person displaying an unexpired drivers license, and such persons compliance with the other applicable provisions of Chapter 11 of this title. On the adoption of the amendment, there were no objections, and the Carter, Williams amendment #1 to the committee substitute was adopted. Senators Rogers of the 21st, Hill of the 32nd and Wiles of the 37th offered the following amendment #2: Amend the Senate committee substitute to HB 978 by striking "relating to nonresident drivers" on line 25 of page 1. adding after the word "shall" the words ", except in an emergency," on line 14 of page 1. On the adoption of the amendment, there were no objections, and the Rogers et al. amendment #2 to the committee substitute was adopted. Senator Smith of the 52nd offered the following amendment #3: Amend the Senate Public Safety Committee substitute to HB 978 by inserting after "fines;" on line 4 of page 1 "to amend Code Section 15-21-179 of the Official Code of Georgia Annotated, relating to additional penalties for violation of traffic laws or ordinances, so as to extend the collection of certain additional penalties for traffic violations;" and by inserting after line 25 of page 1 the following: SECTION 1A. Code Section 15-21-179 of the Official Code of Georgia Annotated, relating to additional penalties for violation of traffic laws or ordinances, is amended by revising subsection (c) as follows: "(c) This Code section shall be repealed in its entirety on June 30, 2008 2013, unless extended by an Act of the General Assembly." On the adoption of the amendment, there were no objections, and the Smith amendment #3 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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. FRIDAY, APRIL 4, 2008 3935 On the passage of the bill, a roll call was taken, and the vote was as follows: N Adelman Y Balfour E Brown N Bulloch N Butler Y Carter C Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick N Harbison N Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson N Jones N Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton E Stoner N Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 32, nays 18. HB 978, having received the requisite constitutional majority, was passed by substitute. At 12:14 p.m. the President announced that the Senate would stand in recess until 1:30 p.m. At 1:35 p.m. the President Pro Tempore announced that the Senate would stand in recess until 2:00 p.m. At 2:00 p.m. the President called the Senate to order. The 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: 3936 JOURNAL OF THE SENATE HB 958. By Representatives Rice of the 51st, Lindsey of the 54th, Mumford of the 95th, Coleman of the 97th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to clarify the appeal procedure for certain judgments; to provide for additional information in statements of claim; to revise the procedures for applying to vacate a judgment; to revise the requirements for use of postjudgment interrogatories; to provide for related matters; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Rice of the 51st, Lindsey of the 54th, and Willard of the 49th. 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 1280. By Representatives Stephens of the 164th, Bearden of the 68th, Shaw of the 176th, Roberts of the 154th and May of the 111th: 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 state licensing of regional economic assistance projects to sell certain alcoholic beverages; to provide requirements and conditions of such license; to provide for powers, duties, and authority of the state revenue commissioner; to amend Article 8 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to encouragement of state agencies to give certified projects priority in licensing and processing grants and authorization for sale of alcoholic beverages, so as to move the provisions relating to the sales of certain alcoholic beverages by regional economic assistance projects to Title 3 of the Official Code of Georgia Annotated; to provide for related matters; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Stephens of the 164th, Reese of the 98th, and Shaw of the 176th. The House insists on its position in disagreeing to the Senate amendments, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House: FRIDAY, APRIL 4, 2008 3937 HB 1116. By Representative Barnard of the 166th: 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 modify certain provisions relating to the "Probation Management Act of 2004"; 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 Barnard of the 166th, Davis of the 109th, and Greene of the 149th. 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 1246. By Representatives Peake of the 137th, Royal of the 171st and Parrish of the 156th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding state income taxes, so as to change certain provisions regarding income tax credits for certain business enterprises by including broadcasting; to change certain provisions regarding income tax credits for business enterprises in less developed areas by including broadcasting; to change certain provisions regarding income tax credits for qualified research expenses by including broadcasting; to change certain provisions regarding alternative tax credits for base year port traffic increases by including broadcasting; 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 Peake of the 137th, Hamilton of the 23rd, and Knox of the 24th. Mr. President: The House has disagreed to the Senate substitute to the following Bill of the House: HB 243. By Representatives Hembree of the 67th, Ehrhart of the 36th, Smith of the 113th, Knight of the 126th, Gardner of the 57th 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 revise the definition of "eligible 3938 JOURNAL OF THE SENATE postsecondary institution"; to provide that enrollment in postsecondary courses at a branch of the Georgia Department of Technical and Adult Education will not count against the hourly caps for HOPE grants; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House insists on its position in substituting the following Bill of the Senate: SB 169. By Senators Hamrick of the 30th, Harp of the 29th, Meyer von Bremen of the 12th, Adelman of the 42nd, Grant of the 25th 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. 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 429. By Senators Bulloch of the 11th, Goggans of the 7th, Douglas of the 17th, Heath of the 31st and Hudgens of the 47th: A BILL to be entitled an Act to provide for enforcement of state laws pertaining to functions assigned to the Department of Agriculture; to provide for certain other enforcement powers of department employees; to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to redesignate and change certain provisions relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Black of the 174th, FRIDAY, APRIL 4, 2008 3939 McCall of the 30th, and Roberts of the 154th. 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 1113. By Representatives Heard of the 104th, Rynders of the 152nd, Houston of the 170th, Morris of the 155th, Royal of the 171st and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, so as to provide definitions; to provide for the requirements of a state purchasing card program; to provide penalties for violators; to authorize the promulgation of rules and regulations; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Heard of the 104th, Royal of the 171st, and Houston of the 170th. Mr. President: The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 280. By Representatives Manning of the 32nd, Johnson of the 37th, Tumlin of the 38th, Teilhet of the 40th, Mumford of the 95th 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 of marijuana flavored products to minors; to provide for a penalty; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following bill was taken up to consider House action thereto: SB 169. By Senators Hamrick of the 30th, Harp of the 29th, Meyer von Bremen of the 12th, Adelman of the 42nd, Grant of the 25th 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 3940 JOURNAL OF THE SENATE 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. Senator Hamrick of the 30th asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 169 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Meyer von Bremen of the 12th, Harp of the 29th and Hamrick of the 30th. The following bill was taken up to consider House action thereto: HB 958. By Representatives Rice of the 51st, Lindsey of the 54th, Mumford of the 95th, Coleman of the 97th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to clarify the appeal procedure for certain judgments; to provide for additional information in statements of claim; to revise the procedures for applying to vacate a judgment; to revise the requirements for use of postjudgment interrogatories; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Cowsert of the 46th asked unanimous consent that the Senate adhere to its amendment to HB 958 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, Cowsert of the 46th and Smith of the 52nd. The following bill was taken up to consider House action thereto: HB 1113. By Representatives Heard of the 104th, Rynders of the 152nd, Houston of the 170th, Morris of the 155th, Royal of the 171st and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, so as to provide definitions; to provide for the requirements of a state purchasing card program; FRIDAY, APRIL 4, 2008 3941 to provide penalties for violators; to authorize the promulgation of rules and regulations; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. Senator Seabaugh of the 28th asked unanimous consent that the Senate adhere to its substitute to HB 1113 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Chance of the 16th, Tarver of the 22nd and Seabaugh of the 28th. The following bill was taken up to consider House action thereto: HB 1116. By Representative Barnard of the 166th: 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 modify certain provisions relating to the "Probation Management Act of 2004"; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Grant of the 25th asked unanimous consent that the Senate adhere to its amendments to HB 1116 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 Grant of the 25th. Senator Seabaugh of the 28th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 327. By Senators Heath of the 31st, Schaefer of the 50th and Murphy of the 27th: 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 no person shall become or again become a member of such retirement system on or after July 1, 2008; to provide a short title; to provide that such employees shall have accounts in the state deferred compensation plan; to provide for an employer contribution; to provide that such employees shall not be entitled to participate in any other public retirement system; to provide for rules and regulations; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. 3942 JOURNAL OF THE SENATE The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses benefits under the Teachers Retirement System of Georgia, so as to define certain terms; to provide that a retired teacher who has been retired for at least 12 calendar months may return to fulltime employment in certain positions and continue to collect his or her full retirement benefit; 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 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses benefits under the Teachers Retirement System of Georgia, is amended by revising Code Section 47-3-127.1, relating to employment of a retired teacher as a full-time teacher or in other capacities, as follows: "47-3-127.1. (a) As used in this Code section, the term: (1) 'Classroom teacher' means a certified teacher of pre-kindergarten through grade 12 employed by the public schools who has as his or her primary sole responsibility the academic instruction of students in a classroom. (2) 'Normal service retirement' means retirement at or after the age of 60 with at least ten years of creditable service or retirement with 30 years of creditable service without regard to age. (3) 'Retired teacher' means a beneficiary of this retirement system who was has been retired on a normal service retirement on December 31, 2003 for at least 12 calendar months. (b)(1) A public school system may employ a retired teacher as a full-time classroom teacher, principal, superintendent, media specialist, or counselor, librarian, or improvement specialist and such person shall be subject to the provisions of subsection (c) of this Code section; provided, however, that a retired teacher who retired as a principal may not be employed as a principal in the same school in which he or she was so employed prior to his or her retirement, and a retired teacher who retired as a school superintendent may not be employed as a school superintendent by the same school system in which such person was so employed prior to his or her retirement. (2) A regional educational service agency as defined in Code Section 20-2-270 may employ a retired teacher as a full-time improvement specialist and such person shall be subject to the provisions of subsection (c) of this Code section. FRIDAY, APRIL 4, 2008 3943 (3) The salary paid to any retired teacher employed under this Code section shall be commensurate with the position and the individuals qualifications. Retired teachers paid under this Code section shall be reported to the state at the certificate and experience level at which the teacher is assigned determined pursuant to an agreement between the retired teacher and the employing school system. No such retired teacher shall receive any further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a beneficiary. (4) A public school system employing a retired teacher subject to this subsection shall pay all employer and employee contributions to this retirement system as otherwise provided in this chapter; provided, however, that no such retired teacher shall receive any further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a beneficiary. (c) Any other provision of this article to the contrary notwithstanding, a retired teacher may return to service as a classroom teacher, principal, superintendent, media specialist, or counselor, librarian, or improvement specialist, and such retired teachers benefits under this article shall not be affected. Any such retired teacher so employed shall not be considered an active member of this retirement system and shall not accrue any additional benefits or further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a beneficiary. The provisions of this subsection shall not become a part of the employment contract and shall be subject to future legislation. (d) The provisions of this Code section shall be automatically repealed on June 30, 2016." SECTION 2. This Act shall become effective on July 1, 2008, 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, 2008, 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 3944 JOURNAL OF THE SENATE Russell W. Hinton State Auditor (404) 656-2174 March 31, 2008 The Honorable Brooks Coleman State Representative State Capitol, Room 416 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to Senate Bill 327 Dear Representative Coleman: This substitute bill would amend provisions relating to re-employment of retired teachers under the Teachers Retirement System. Specifically, this bill would allow retired teachers, who have been retired for at least 12 calendar months, to return to full-time employment in certain positions and continue to receive retirement benefits. This bill would only apply to teachers who retired under a `normal service retirement' as defined by this legislation. Under the provisions of this substitute bill, public school systems would be authorized to employ retired teachers as full-time classroom teachers, principals, superintendents, media specialists, or counselors. Public school systems would not be authorized to employ retired teachers as full-time improvement specialists. However, this bill would continue to allow regional education service agencies to hire retired teachers into such positions. This substitute bill specifies that the salary paid to any retired teacher shall be determined pursuant to an agreement between the retired teacher and the employing school system. Additionally, this legislation would require the public school system employing a retired teacher to pay all employee and employer contributions to the retirement system. Currently, the public school system only pays the employer contribution. Finally, this substitute bill establishes an automatic repeal date of June 30, 2016. This is to certify that the changes made in this substitute bill are nonfiscal amendments as defined in the Public Retirement Systems Standards Law. Therefore, the actuarial investigation and State Auditor's Summary for the previous version of Senate Bill 327 (LC 21 9848S) would apply to (LC 21 9934S). It should be noted that the changes made in this substitute bill affect the Teachers Retirement System. These changes incorporate the components of House Bill 157 into Senate Bill 327 (LC 21 9934S). Therefore, a copy of the actuarial investigation and State Auditor's Summary for House Bill 157 (LC 21 9690S) is also attached. FRIDAY, APRIL 4, 2008 Respectfully, /s/ Russell W. Hinton State Auditor 3945 Senator Heath of the 31st moved that the Senate agree to the House substitute to SB 327 as amended by the following amendment: Amend the House Committee on Retirement substitute to SB 327 (LC 21 9934S) by inserting on line 5 of page 1 following "benefit;" the following: to amend Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to retirement bills, so as to define a term; to provide procedures for certain bills; By redesignating Sections 2 and 3 as Sections 4 and 5, respectively, and by inserting following line 31 of page 2 the following: SECTION 2. Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to retirement bills, is amended by revising paragraph (6) of Code Section 47-20-30, relating to definitions, as follows: "(6) 'Retirement bill having a fiscal impact' means any retirement bill creating or establishing a retirement system and any other retirement bill other than a nonfiscal retirement bill. Such term shall include any bill requiring a public retirement system to divest or refrain from investing in specific investments or classes of investments." SECTION 3. Said article is further amended by adding a new subsection to Code Section 47-20-34, relating to the introduction of retirement bills having a fiscal impact and preliminary consideration by committee, to read as follows: "(d) Any bill requiring a public retirement system to divest or refrain from investing in specific investments or classes of investments may only be introduced as provided in subsection (a) of this Code section and, in addition to the certification of the state auditor required by Code Section 47-20-32, such legislation shall be accompanied at the time of introduction by a statement from the Governor, the Lieutenant Governor, or the Speaker of the House of Representatives describing the primary goal the bill is designed to achieve. Such bill shall also have attached at the time of introduction a fiscal analysis from each public retirement system affected stating the cost of compliance with the legislation and the anticipated annual fiscal losses which will be incurred as a result of complying with the legislation." The following Fiscal Note, as required by law, was read by the Secretary: 3946 JOURNAL OF THE SENATE 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 April 4, 2008 The Honorable Bill Heath, Chairman Senate Retirement Committee State Capitol, Room 109 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to SB 327 (LC 21 9934S) Dear Chairman Heath: As amended, this bill would revise provisions relating to re-employment of retired teachers under the Teachers Retirement System. Specifically, this bill would allow retired teachers, who have been retired for at least 12 calendar months, to return to fulltime employment in certain positions and continue to receive retirement benefits. This bill would only apply to teachers who retired under a `normal service retirement' as defined by this legislation. Under the provisions of this substitute bill, public school systems would be authorized to employ retired teachers as full-time classroom teachers, principals, superintendents, media specialists, or counselors. Public school systems would not be authorized to employ retired teachers as full-time improvement specialists. However, this bill would continue to allow regional education service agencies to hire retired teachers into such positions. This bill also specifies that the salary paid to any retired teacher shall be determined pursuant to an agreement between the retired teacher and the employing school system. Additionally, this legislation would require the public school system employing a retired teacher to pay all employee and employer contributions to the retirement system. Currently, the public school system only pays the employer contribution. Finally, this bill establishes an automatic repeal date of June 30, 2016. The amendment offered by (AM 21 3621) would revise provisions relating to retirement bills in the General Assembly. Specifically, this amendment would revise the definition FRIDAY, APRIL 4, 2008 3947 of `retirement bill having a fiscal impact' to include any bill requiring a public retirement system to divest or refrain from investing in specific investments or classes of investments. Under the provisions of this amendment, any bill requiring a public retirement system to divest or refrain from investing in specific investments or classes of investments may only be introduced in the first year of the biennial session. At the time such bill is introduced, it must be accompanied by a statement from the Governor, Lieutenant Governor, or the Speaker of the House of Representatives describing the primary goal that the bill is attempting to achieve and must include a fiscal analysis from each affected public retirement system stating the cost of compliance with the legislation and the anticipated annual fiscal losses which will be incurred as a result of complying with the legislation. This is to certify that this amendment is a nonfiscal amendment as defined in the Public Retirement Systems Standards Law. Therefore, the actuarial investigation and State Auditor's Summary for Senate Bill 327 (LC 21 9848S) would apply to (LC 21 9934S), as amended (AM 21 3621). It should be noted that Senate Bill 327 also incorporates the provisions previously addressed in (LC 21 9690S). Therefore, a copy of the actuarial investigations and State Auditor Summaries for (LC 21 9848S) and (LC 21 9690S) are attached to this certification. Respectfully, /s/ Russell W. Hinton State Auditor On the motion, a roll call was taken and the vote was as follows: N Adelman Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance N Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson N Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Pearson Powell Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas,D N Thomas,R Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber 3948 JOURNAL OF THE SENATE Y Harbison Y Harp Y Hawkins Ramsey Y Reed Rogers Y Wiles Williams On the motion, the yeas were 40, nays 6; the motion prevailed, and the Senate agreed to the House substitute to SB 327 as amended by the Senate. The following bill was taken up to consider House action thereto: HB 1280. By Representatives Stephens of the 164th, Bearden of the 68th, Shaw of the 176th, Roberts of the 154th and May of the 111th: 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 state licensing of regional economic assistance projects to sell certain alcoholic beverages; to provide requirements and conditions of such license; to provide for powers, duties, and authority of the state revenue commissioner; to amend Article 8 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to encouragement of state agencies to give certified projects priority in licensing and processing grants and authorization for sale of alcoholic beverages, so as to move the provisions relating to the sales of certain alcoholic beverages by regional economic assistance projects to Title 3 of the Official Code of Georgia Annotated; 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 amendment to HB 1280 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Unterman of the 45th, Shafer of the 48th and Mullis of the 53rd. The following bill was taken up to consider House action thereto: HB 1246. By Representatives Peake of the 137th, Royal of the 171st and Parrish of the 156th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding state income taxes, so as to change certain provisions regarding income tax credits for certain business enterprises by including broadcasting; to change certain provisions regarding income tax credits for business enterprises in less developed areas by including broadcasting; to change certain provisions regarding income tax credits for FRIDAY, APRIL 4, 2008 3949 qualified research expenses by including broadcasting; to change certain provisions regarding alternative tax credits for base year port traffic increases by including broadcasting; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Senator Johnson of the 1st asked unanimous consent that the Senate adhere to its substitute to HB 1246 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Chance of the 16th, Rogers of the 21st and Harp of the 29th. Senator Weber of the 40th asked unanimous consent that HB 336, having been placed on the Table on Wednesday, April 2, 2008 be taken from the Table. The consent was granted, and HB 336 was taken from the Table. Pursuant to Senate Rule 4-2.10(a), HB 336, having been taken from the Table, was put upon its passage. HB 336. By Representatives Levitas of the 82nd, Bearden of the 68th, Talton of the 145th, Bridges of the 10th, Chambers of the 81st and others: A BILL to be entitled an Act to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, so as to increase the mandatory sentences; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Weber of the 40th. The Senate Judiciary Committee offered the following substitute to HB 336: A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to change certain provisions relating to clinical evaluations and substance abuse treatment programs for certain offenders; to amend Code Section 40-6391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, so as to revise the punishment provisions related to driving under the influence of alcohol, drugs, or other intoxicating substances; to provide that a fourth violation of the crime of driving under the influence within ten years is a felony; to provide for related matters; to provide for an effective date and 3950 JOURNAL OF THE SENATE applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, is amended by revising Code Section 40-5-63.1, relating to clinical evaluation and substance abuse treatment programs for certain offenders, 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 for violating Code Section 40-6-391 within five ten 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, shall be required to undergo a clinical evaluation and, if indicated by recommended as a part of such evaluation, must shall complete a substance abuse treatment program, prior to such license reinstatement, issuance, or restoration; provided, however, 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 shall 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 and all prior accepted pleas of nolo contendere within five ten 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. Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, is amended by revising subsection (c) as follows: "(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 upon a fourth or subsequent conviction thereof, be guilty of a felony except as otherwise provided in paragraph (4) of this subsection 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 ten 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 and not more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to FRIDAY, APRIL 4, 2008 3951 suspension, stay, or probation; (B) A period of imprisonment of not less fewer 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 fewer 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 fewer 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 the departments approval of the program to the person upon enrollment in the program; and (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; provided, however, that in the courts discretion such evaluation may be waived; and (E)(F) If the defendant person is sentenced to a period of imprisonment for less fewer than 12 months, a period of probation of 12 months less any days during which the defendant person is actually incarcerated; (2) For the second conviction within a five-year ten-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 and not 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 fewer than 90 days nor and not 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 fewer than 72 hours of actual incarceration; (C) Not less fewer 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 the departments approval of the program to the person upon enrollment in the program; (E) Undergoing a A clinical evaluation as defined in Code Section 40-5-1 and, if indicated by recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and 3952 JOURNAL OF THE SENATE (F) A period of probation of 12 months less any days during which the defendant person is actually incarcerated; or (3) For the third or subsequent conviction within a five-year ten-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 $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 fewer than 120 days nor and not 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 fewer than 15 days of actual incarceration; (C) Not less fewer 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 the departments approval of the program to the person upon enrollment in the program; (E) Undergoing a A clinical evaluation as defined in Code Section 40-5-1 and, if indicated by recommended as a part of 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 person is actually incarcerated.; or (4) For the fourth or subsequent conviction within a ten-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 $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 period of imprisonment of not less than one year and not more than five years; provided, however, that the judge may suspend, stay, or probate all but 90 days of any term of imprisonment imposed under this paragraph. 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; (C) Not fewer than 60 days of community service; provided, however, that if a defendant is sentenced to serve three years of actual imprisonment, the judge may suspend the community service; FRIDAY, APRIL 4, 2008 3953 (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the departments approval of the program to the person upon enrollment in the program; (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of five years less any days during which the person is actually imprisoned; provided, however, that if the ten-year period of time as measured in this paragraph commenced prior to July 1, 2008, then such fourth or subsequent conviction shall be a misdemeanor of a high and aggravated nature and punished as provided in paragraph (3) of this subsection. (5) If a person has been convicted of violating subsection (k) of this Code section premised on a refusal to submit to required testing or where such persons alcohol concentration at the time of the offense was 0.08 grams or more, and such person is subsequently convicted of violating subsection (a) of this Code section, such person shall be punished by applying the applicable level or grade of conviction specified in this subsection such that the previous conviction of violating subsection (k) of this Code section shall be considered a previous conviction of violating subsection (a) of this Code section. (6) 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. (7) For purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of this subsection, only those offenses for which a conviction is obtained or a plea of nolo contendere is accepted on or after July 1, 2008, shall be considered; provided, however, that nothing in this subsection shall be construed as limiting or modifying in any way administrative proceedings or sentence enhancement provisions under Georgia law, including, but not limited to, provisions relating to punishment of recidivist offenders pursuant to Title 17." SECTION 3. Said Code section is further amended by revising subsection (d) as follows: "(d)(1) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the misdemeanor or high and aggravated misdemeanor punishments provided for in this Code section upon a conviction of violating this Code section or upon a 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 misdemeanor or high and aggravated misdemeanor 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 3954 JOURNAL OF THE SENATE conditions and limitations imposed by subsection (c) of this Code section." SECTION 4. Said Code section is further amended by revising paragraph (2) of subsection (g) as follows: "(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." SECTION 5. This Act shall become effective on July 1, 2008, and shall be applied to offenses occurring on or after July 1, 2008; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of subsection (c) of Code Section 40-6-391, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after July 1, 2008, shall be considered. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour Y Brown Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson FRIDAY, APRIL 4, 2008 3955 Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Pearson Y Powell Y Ramsey Y Reed Rogers Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 50, nays 0. HB 336, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: SB 305. By Senators Shafer of the 48th, Pearson of the 51st, Heath of the 31st, Thomas of the 54th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to revise a provision relating to the licensing of nongovernmental rescue organizations; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to revise certain provisions relating to liability of persons and entities in emergency situations; 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 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to revise a provision relating to the licensing of nongovernmental rescue organizations; to provide a short title; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to revise certain provisions relating to liability of persons and entities in emergency situations; 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. This Act shall be known and may be cited as the "Corporate Good Samaritan Act of 2008." 3956 JOURNAL OF THE SENATE SECTION 2. Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, is amended by revising subsection (a) of Code Section 38-3-36, relating to the director licensing nongovernmental rescue organizations, as follows: "(a) Except as otherwise provided by subsection (b) of this Code section, all nongovernmental rescue organizations, associations, groups, teams, search and rescue dog teams, or individuals, whether or not they are holders of a charter issued by this state or officers thereof, shall be prohibited from performing any rescue or emergency management type activity until the organization, association, group, team, search and rescue dog team, or individual has been licensed by the director of emergency management to perform the activities. It is expressly declared that Articles 1 through 3 of this chapter shall not amend, repeal, alter, or affect in any manner Code Section 511-29 or Code Section 51-1-29.2." SECTION 3. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, is amended by revising Code Section 51-1-29.2, relating to liability of persons acting to prevent, minimize, and repair injury and damage resulting from catastrophic acts of nature, as follows: "51-1-29.2. (a) Any natural person who voluntarily and without the expectation or receipt of compensation provides services during a time state of emergency and in a place of emergency as declared by the Governor for the benefit of any individual to prevent, or minimize, and repair injury and damage to injury to persons or damage to property resulting from catastrophic acts of nature whether natural or manmade, including fire, flood, earthquake, wind, storm, or wave action, biological, chemical, or nuclear agents, terrorism, pandemics, or epidemics, shall not be liable to any individual receiving such assistance as a result of any act or omission in rendering such service if such person was acting in good faith and unless the damage or injury was caused by the willful or wanton negligence or misconduct of such person. (b) Any private for profit or nonprofit association, organization, or other legal entity, and any officer, member, volunteer, or employee of such entity when such entity is working in cooperation with and under the direction of a state or local emergency response or public safety agency during a state of emergency and in a place of emergency as declared by the Governor for the benefit of any individual to prevent or minimize injury to persons or damage to property resulting from catastrophic acts whether natural or manmade, including fire, flood, earthquake, wind, storm, or wave action, biological, chemical, or nuclear agents, terrorism, pandemics, or epidemics, shall not be liable to any individual receiving such assistance as a result of any act or omission in rendering such service if such entity or person was acting in good faith and unless the damage or injury was caused by the willful or wanton negligence or misconduct of such entity or person. FRIDAY, APRIL 4, 2008 3957 (c) Any person or private entity acting in cooperation with and under the direction of the Georgia Emergency Management Agency or other state or local agency, pursuant to a state emergency operation plan adopted by the Georgia Emergency Management Agency, who voluntarily and without the expectation or receipt of compensation provides services or goods in preparation for a possible state of emergency or participates in an exercise drill consistent with the persons or entitys role under such plan shall not be liable to any individual as a result of any act or omission in rendering such services or goods if such person or entity was acting in good faith and unless the damage or injury was caused by the willful or wanton negligence or misconduct of such person or entity. (d) Nothing in this Code section shall be construed to repeal, alter, or limit in any manner any other provision of law granting immunity or limiting liability. Furthermore, nothing in this Code section shall be construed to abrogate any state or local entitys sovereign immunity." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to causes of action arising on or after such date. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Shafer of the 48th asked unanimous consent that the Senate disagree to the House substitute to SB 305. The consent was granted, and the Senate disagreed to the House substitute to SB 305. Senator Grant of the 25th was excused for business outside the Senate Chamber. 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 Hawkins of the 49th asked unanimous consent that HB 180, having been placed on the Table on Wednesday, April 2, 2008, be taken from the Table. The consent was granted, and HB 180 was taken from the Table. Pursuant to Senate Rule 4-2.10(a), HB 180, having been taken from the Table, was put upon its passage. 3958 JOURNAL OF THE SENATE HB 180. By Representatives Rogers of the 26th, Smith of the 113th, Harbin of the 118th, Burkhalter of the 50th and Stephens of the 164th: 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 that certain prescription drugs and other health care products sold by Georgia biotechnology, biopharmaceutical, or pharmaceutical companies shall not be subject to certain access restrictions or supplemental rebates for purposes of coverage under the state health benefit plan, medical assistance program, PeachCare for Kids, or any other health benefit plan or policy administered by or on behalf of the state; to define certain terms; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hawkins of the 49th. The Senate Government Oversight Committee offered the following substitute to HB 180: 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 that the Department of Community Health shall ensure that certain prescription drugs or other health care products produced by Georgia biotechnology, biopharmaceutical, or pharmaceutical companies shall be automatically included on the preferred drug list under the state health benefit plan, the medical assistance program, the PeachCare for Kids program, or any other health benefit plan or policy administered by or on behalf of the state; to define certain terms; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, is amended by adding a new Code section to read as follows: "31-5A-8. (a) As used in this Code section, the term: (1) 'Biopharmaceutical' means the application of biotechnology to the development of pharmaceutical products that improve human health. (2) 'Biotechnology' means any technological application that uses biological systems, living organisms, or derivatives thereof to make or modify products or processes for specific use. FRIDAY, APRIL 4, 2008 3959 (3) 'Georgia biotechnology, biopharmaceutical, or pharmaceutical company' means a biotechnology, biopharmaceutical, or pharmaceutical company, or a corporate division of such a company: (A) The principal activity of which is research and development, manufacturing, and sales of health care products in this state; and (B)(i) That had a total economic impact in this state of not less than $60 million during the most recent taxable year; (ii) That has total capital investment in this state of not less than $100 million; and (iii) That employs at least 250 Georgia citizens. (4) 'Pharmaceutical' means of or pertaining to the knowledge or art of pharmacy or to the art of preparing medicines according to the rules or formulas of pharmacy. (5) 'Research and development' means experimental or laboratory activity for the ultimate purpose of developing new products, improving existing products, developing new uses for existing products, or developing or improving methods for producing products. (6) 'Total economic impact' means the sum of total employee payroll, investment in external research and development, the value of prescription drug samples provided to physicians, and the value of prescription drugs donated to low income individuals through patient assistance programs. (b) The Department of Community Health shall ensure that any prescription drug or other health care product having an approved indication from the federal Food and Drug Administration for use with humans and that is produced by a Georgia biotechnology, biopharmaceutical, or pharmaceutical company shall be automatically included on the preferred drug list for any health care coverage provided under the state health benefit plan under Article 1 of Chapter 18 of Title 45, the medical assistance program under Article 7 of Chapter 4 of Title 49, the PeachCare for Kids program under Article 13 of Chapter 5 of Title 49, or any other health benefit plan or policy administered by or on behalf of the state; provided, however, that this subsection shall not be construed to preclude the department or its contractors from negotiating prices for such drugs or health care products. This subsection shall apply to all contracts entered into or renewed by the Department of Community Health on or after July 1, 2008. (c) This Code section shall not apply to Schedule II, IV, or V controlled substances, as defined in Article 2 of Chapter 13 of Title 16; prescription drugs or health care products used for cosmetic purposes; or lifestyle drugs, as defined by the Department of Community Health." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Hawkins of the 49th offered the following amendment #1: Amend the Senate Government Oversight Committee substitute to HB 180 by striking on 3960 JOURNAL OF THE SENATE line 3 of page 1 "ensure that" and inserting in lieu thereof "expedite a review of". By striking on lines 4 and 5 of page 1 "shall be automatically included" and inserting in lieu thereof "for inclusion". By inserting on line 8 of page 1 following "matters;" the following: to provide an effective date; By striking on line 24 of page 1 "and" and inserting in lieu thereof "or". By striking on line 4 of page 2 "250" and inserting in lieu thereof "200". By inserting between lines 4 and 5 of page 2 the following: Such term shall not mean a warehouse used to store health care products. By striking on line 15 of page 2 "ensure that" and inserting in lieu thereof "expedite the review of". By striking on lines 18 and 19 of page 2 "shall be automatically included on the preferred drug list". By striking the semicolon at the end of line 22 of page 2 and inserting in lieu thereof a period. By striking lines 23 and 24 of page 2 and inserting in lieu thereof the following: Such review shall take place as soon as practicable following the date that such drug or health care product becomes available for public consumption. This By striking lines 27 through 30 of page 2 and inserting in lieu thereof the following: (c) In complying with the provisions of this Code section, the department shall consider the nexus of a biotechnology, biopharmaceutical, or pharmaceutical company in relation to the state along with the financial impact on the state, the quality of the product, and other relevant factors." By redesignating Section 2 as Section 3 and by inserting between lines 30 and 31 of page 2 the following: SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Senator Hawkins of the 49th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Hawkins amendment #1 to the committee substitute was withdrawn. Senator Hawkins of the 49th offered the following amendment #2: Amend the Senate Government Oversight Committee substitute to HB 180 by striking on line 3 of page 1 "ensure that" and inserting in lieu thereof "expedite a review of". By striking on lines 4 and 5 of page 1 "shall be automatically included" and inserting in lieu thereof "for inclusion". By inserting on line 8 of page 1 following "matters;" the following: to provide an effective date; By striking on line 24 of page 1 "and" and inserting in lieu thereof "or". By striking on line 4 of page 2 "250" and inserting in lieu thereof "200". FRIDAY, APRIL 4, 2008 3961 By inserting between lines 4 and 5 of page 2 the following: Such term shall not mean a warehouse used to store health care products. By striking on line 15 of page 2 "ensure that" and replace with "expedite the review of". By striking on lines 18 and 19 of page 2 "shall be automatically included on the preferred drug list". By striking the semicolon at the end of line 22 of page 2 and replacing with a period. By striking lines 23 and 24 of page 2 and inserting in lieu thereof the following: Such review shall take place as soon as practicable following the date that such drug or health care product becomes available for public consumption. This By striking lines 27 through 30 of page 2 and inserting in lieu thereof the following: (c) In complying with the provisions of this Code section, the department shall consider the nexus of a biotechnology, biopharmaceutical, or pharmaceutical company in relation to the state along with the financial impact on the state, the quality of the product, and other relevant factors." By redesignating Section 2 as Section 3 and by inserting after line 30 of page 2 the following: SECTION 2. 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, there were no objections, and the Hawkins amendment #2 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Tate Y Thomas,D Y Thomas,R Thompson,C 3962 JOURNAL OF THE SENATE Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed E Rogers Y Thompson,S Y Tolleson Y Unterman Y Weber N Wiles Y Williams On the passage of the bill, the yeas were 50, nays 1. HB 180, having received the requisite constitutional majority, was passed by substitute. Senator Stoner of the 6th was excused for business outside the Senate Chamber. Senator Mullis of the 53rd asked unanimous consent that HR 1023, having been placed on the Table on Wednesday, April 2, 2008, be taken from the Table. The consent was granted, and HR 1023 was taken from the Table. Pursuant to Senate Rule 4-2.10(a), HR 1023, having been taken from the Table, was put upon its adoption. HR 1023. By Representatives Holmes of the 61st, Thomas of the 55th, Sinkfield of the 60th, Bruce of the 64th, Beasley-Teague of the 65th and others: A RESOLUTION dedicating the Tuskegee Airmen Parkway; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. The Senate Transportation Committee offered the following substitute to HR 1023: A RESOLUTION Dedicating certain portions of the state highway system; and for other purposes. PART I WHEREAS, at the direction of President Franklin D. Roosevelt, the United States Army Air Corps formed the 99th Fighter Squadron at Tuskegee Institute to train black fighter pilots who, until that time, had not been accepted into pilot training programs in the military; and WHEREAS, after receiving their training, the Tuskegee Airmen were sent to the FRIDAY, APRIL 4, 2008 3963 European Theatre of Operations in 1943 and served in combat in North Africa, Sicily, and Europe; and WHEREAS, the Tuskegee Airmen became the first squadron to sink a naval destroyer with only machine guns and the first to shoot down a German jet fighter during World War II; and WHEREAS, by the end of World War II, the Tuskegee Airmen had been credited with 261 enemy aircraft destroyed; 148 enemy aircraft damaged; 940 units of enemy ground transportation destroyed or damaged; 15,553 combat sorties in 1,578 missions over North Africa, Sicily, and Europe; and more than 200 bomber escort missions without losing a bomber to enemy fighters; and WHEREAS, the unit and its officers and enlisted personnel received three Presidential Unit Citations, 150 Distinguished Flying Crosses and Legions of Merit, the Red Star of Yugoslavia, nine Purple Hearts, 14 Bronze Stars, and more than 700 Air Medals and clusters; and WHEREAS, sixty-six of the Tuskegee Airmen were killed in combat, and another 33 were shot down and held as prisoners of war; and WHEREAS, the unqualified success of the Tuskegee Airmen led to the eventual integration of the United States armed forces; and WHEREAS, the superior record of the Tuskegee Airmen in World War II was accomplished by individuals who bravely accepted the challenge and proudly displayed their skill and determination in the face of racism and bigotry at home and who continued to contribute to this country after their military service in World War II; and WHEREAS, the Tuskegee Airmen, Inc., is an education and community service organization dedicated to maintaining the traditions of the Tuskegee Airmen and preserving the legacy of the first generation of African American military aviators of the Second World War with 42 chapters throughout the United States, and it has consistently provided inspiration, motivation, mentoring, and role models for elementary, middle, and high school students in this country; and WHEREAS, it is only fitting and proper that Camp Creek Parkway in Fulton County from its intersection with Fulton Industrial Boulevard to its intersection with Interstate Highway 85 should be dedicated in honor of these brave individuals as the Tuskegee Airmen Parkway. PART II WHEREAS, Roderick Steele was a slave boy born about 1847; and 3964 JOURNAL OF THE SENATE WHEREAS, Roderick Steeles owner was James Potter, Trustee for I.A. Potter Estate; and WHEREAS, slaves from the fields were used to help defend the Confederate line at Monteith and obstruct the Augusta Road to Savannah as General Sherman marched from Atlanta to the Sea and this was documented by Major Alfred L. Hartridge in The Seige of Savannah in December, 1864; and WHEREAS, according to folklore, Roderick Steele drove the water wagon and provided water to all Confederate and Union soldiers during the battle at Monteith; and WHEREAS, the slaves assistance helped Confederate soldiers to detour General Shermans army through Mulberry Grove Plantation; and WHEREAS, the actions of Roderick Steele and other slaves helped save Savannah from destruction by prolonging General Shermans march to Savannah; and WHEREAS, he is buried in the historic Richmond Church Cemetery which is located in Port Wentworth, Georgia; and WHEREAS, it is only fitting that the life of this courageous man be memorialized by dedicating a lasting monument in his honor. PART III NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Camp Creek Parkway in Fulton County from its intersection with Fulton Industrial Boulevard to its intersection with Interstate Highway 85 is dedicated as the Tuskegee Airmen Parkway. BE IT FURTHER RESOLVED that the viaduct from Monteith to Meinhart over I-95 in Port Wentworth, Georgia, is dedicated as the Roderick Steele Viaduct. 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 Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Department of Transportation, to the Atlanta Chapter of the Tuskegee Airmen, Inc., and to the North Port Wentworth Citizens Council. FRIDAY, APRIL 4, 2008 3965 Senators Mullis of the 53rd and Brown of the 26th offered the following amendment #1: Amend the Senate Transportation Committee substitute to HR 1023 by inserting between lines 5 and 6 on page 3 the following: WHEREAS, impresario, music pioneer, and savvy businessman Phil Walden nurtured and gave voice to hundreds of musicians who contributed to shaping Americas music history, from Southern rock to rhythm and blues to alternative rock; and WHEREAS, born in Greenville, South Carolina, on January 11, 1940, the second of three sons to Mr. and Mrs. C.B. Walden, Phil Walden came to Macon, Georgia, at the age of three, planting his roots deep in this states red clay; and WHEREAS, in 1960, he opened the Phil Walden Artists and Promotions agency on Mulberry Street in Macon, signing on a young Georgia artist named Otis Redding, who later had one of the defining songs of the era, "(Sittin' on the) Dock of the Bay"; and WHEREAS, over more than four decades, Phil Walden, through his Georgia based recording companies Capricorn Records and Velocette Records, represented and produced some of the hottest musical talent of the times, including renowned hit-makers Sam and Dave, Percy Sledge, the Allman Brothers Band, the Marshall Tucker Band, the Dixie Dregs, Elvin Bishop, Wet Willie, Widespread Panic, Cake, and 311, establishing Georgia as a haven for Southern music that draws both musicians and music fans from around the world to Macon and Atlanta; and WHEREAS, through his friendships with and promotion of artists of diverse races, Phil Walden broke down racial barriers during a time of segregation, allowing music to become a common ground for understanding and relationship building that has spanned generations of music fans, for which he was recognized with the 1977 Martin Luther King, Jr., Humanitarian Award and the 1978 American Jewish Committee Human Relations Award; and WHEREAS, with his lifelong passion for music, his uncanny ability to recognize talent, and his gift for promotion, Phil Walden made an indelible mark on music history and was a true son of the South in preserving the notes and voices of some of Georgias best artists, which led to him being inducted into the Georgia Music Hall of Fame in 1986 and to being named one of the "100 Georgians to Shape the 20th Century" by Georgia Trend magazine in 2000. PART IV By inserting between lines 11 and 12 on page 3 the following: BE IT FURTHER RESOLVED that the interchange at I 16 and Business Route 41 at the Otis Redding Bridge be dedicated as the Phil Walden Memorial Interchange. 3966 JOURNAL OF THE SENATE By deleting "and" on line 17 on page 3 and by inserting the following before the period on line 18 on page 3: , and to the family of Phil Walden On the adoption of the amendment, there were no objections, and the Mullis, Brown amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Chance Y Chapman Cowsert Y Davenport Y Douglas Y Fort Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the adoption of the resolution, the yeas were 51, nays 0. HR 1023, having received the requisite constitutional majority, was adopted by substitute. The following bill was taken up to consider House action thereto: FRIDAY, APRIL 4, 2008 3967 HB 1299. By Representatives Jacobs of the 80th, Cooper of the 41st, Willard of the 49th, Geisinger of the 48th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to require that certain hospital authorities contract with nonprofit corporations for the operation and management of its hospitals; to provide for definitions; to provide that a hospital authority that is not in compliance shall not receive trauma funding; to provide for enforcement; to provide that failure to contract with a nonprofit organization shall be considered a minimum function of a hospital authority for purposes of removal of members; to provide that the Georgia Trauma Care Network Commission shall withhold trauma funds from a hospital authority which does not contract with a nonprofit organization; to provide for related matters; to provide for an effective date; 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 1299. The consent was granted, and the Senate insisted on its substitute to HB 1299. The following bill was taken up to consider House action thereto: SB 398. By Senator Thompson of the 33rd: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by, but not exclusively by, an Act approved March 19, 1987 (Ga. L. 1987, p. 4043), so as to provide for the mayors or city councilmembers terms and qualifications for office; to provide for applicability of general law; to provide for election of the city council and mayor; to provide for nonpartisan elections; to provide for election by majority; to provide for special elections; to provide for vacancies; to provide for other provisions; to provide for removal of officers; 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 a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by, but not exclusively by, an Act approved March 19, 1987 (Ga. L. 1987, p. 4043), so as to provide for the mayors or 3968 JOURNAL OF THE SENATE city councilmembers terms and qualifications for office; to provide for applicability of general law; to provide for election of the city council and mayor; to change the description of the wards; to provide for nonpartisan elections; to provide for election by majority; to provide for special elections; to provide for vacancies; to provide for other provisions; to provide for removal of officers; to provide for submission of this Act for preclearance under the 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 Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by, but not exclusively by, an Act approved March 19, 1987 (Ga. L. 1987, p. 4043), by revising Section 2.11 to read as follows: "Section 2.11. City council terms and qualifications for office. Except as otherwise provided in this charter, the mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of the city for a period of 12 months immediately prior to the date of his or her qualifying for the office of mayor or member of the city council; and the mayor or councilmember shall continue to reside therein during his or her period of service and to be registered and qualified to vote in municipal elections of this city." SECTION 2. Said Act is further amended by revising Sections 5.10 through 5.16 as follows: "Section 5.10. Applicability of general law. Except as otherwise provided by this charter, all primaries and elections shall be held and conducted in conformity so far as applicable with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as it now exists or may hereafter be amended. Whenever any time period established by said chapter is altered so as to change or supersede any time period provided in this charter, it shall be considered that said periods in this charter shall be correspondingly changed so as to avoid conflict between the charter and the general law. Section 5.11. Election of the city council and mayor. (a) There shall be a municipal general election biennially on the Tuesday next following the first Monday of November in odd-numbered years. (b) For the purpose of electing three councilmembers, the City of Powder Springs shall be divided into three wards, each such ward being represented by one councilmember. FRIDAY, APRIL 4, 2008 3969 The councilmember representing each such ward shall be elected only by the electors residing in that ward, and not at large. (c)(1) The three wards shall be and correspond to those three numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: powdersprings01 Plan Type: Local User: Gina Administrator: Powder Springs. (2) When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of the City of Powder Springs which is not included in any such ward described in that attachment shall be included within that ward contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the City of Powder Springs which is described in that attachment as being in a particular ward shall nevertheless not be included within such ward if such part is not contiguous to such ward. Such noncontiguous part shall instead be included within that ward contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. (d) The mayor and the remaining two councilmembers shall be elected at large. The two at-large council positions shall hereafter be known as 'At-Large Council Post 1' and 'At-Large Council Post 2,' respectively. Candidates for election to either of said positions shall, upon qualifying for such election, designate by post number the specific position sought. The mayor and the said two at-large councilmembers shall be elected at the regular municipal election in 2007 and every four years thereafter; shall take office on the first Monday in January following their elections; and shall, except as otherwise provided in this section, serve for a term of four years and until their successors are elected and qualified. The mayor and the said two at-large councilmembers shall have been residents of the City of Powder Springs for a period of 12 months immediately prior to the date of qualifying and shall continue to reside therein during their period of service and shall be registered and qualified to vote in municipal elections of the city. (d) Each councilmember from Ward 1, Ward 2, and Ward 3 shall be elected from and by the electors of only the ward he or she represents and must be a resident of such ward. Members from Wards 1, 2, and 3 shall be elected at the regular municipal election in 2009 and every four years thereafter; and shall, except as otherwise provided by this charter or local law, serve for a term of four years and until their successors are elected and qualified. The councilmembers from Ward 1, Ward 2, and Ward 3 shall have been residents of the city for a period of 12 months immediately prior to the date of qualifying and shall continue to reside therein during their period of service and shall be registered and qualified to vote in municipal elections of the city. 3970 JOURNAL OF THE SENATE Section 5.12. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations. Section 5.13. Election by majority. The candidate receiving a majority of the votes cast for any city office shall be elected. In instances where no candidate receives a majority of the votes cast, a run-off primary or election between the candidates receiving the two highest numbers of votes shall be held. Said run-off primary or election shall be conducted in accordance with Code Section 21-2-501 of the O.C.G.A. Section 5.14. Special election; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the mayor and 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 mayor and city council or those 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.' Section 5.15. Other provisions. 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 Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' Section 5.16. Removal of officers. (a) Except as otherwise provided in this charter, the mayor, councilmembers, 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 of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; (6) Failure for any other cause to perform the duties of office as required by this charter or by state law; or (7) Failure to attend four consecutive regular council meetings. FRIDAY, APRIL 4, 2008 3971 (b) The removal of an officer pursuant to this section shall be accomplished by the vote of three officers from the membership of the city council and office of mayor after an investigative hearing. In the event an elected officer is sought to be removed by the action of the mayor and 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 to appeal from the decision of the mayor and city council to the Superior Court of Cobb County. Such an appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (c) Recall of public officers is governed by Chapter 4 of Title 21 of the O.C.G.A." SECTION 3. The governing authority of the City of Powder Springs 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 4. All laws and parts of laws in conflict with this Act are repealed. Senator Thompson of the 33rd moved that the Senate agree to the House substitute to SB 398. 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber 3972 JOURNAL OF THE SENATE Y Harbison Y Harp Y Hawkins Y Ramsey Y Reed Y Rogers Y Wiles Williams On the motion, the yeas were 54, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 398. Senator Douglas of the 17th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 405. By Senators Balfour of the 9th, Douglas of the 17th, Murphy of the 27th, Cowsert of the 46th, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 44 of the O.C.G.A., relating to acquisition and loss of property, so as to provide for the enactment of the "Georgia Revised Uniform Anatomical Gift Act"; to repeal the "Georgia Anatomical Gift Act"; to provide for a short title; to provide for definitions; to provide for anatomical gifts; to provide for who may make an anatomical gift; to provide for the manner of making, amending, or revoking an anatomical gift; to provide for refusal to make an anatomical gift; to provide for effectiveness; to provide for search and notification; to provide for delivery of document; to provide for rights and duties of procurement organizations; to provide for coordination of procurement and use; to prohibit the sale or purchase of body parts; to provide for penalties; to provide for immunity; 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 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, so as to provide for the enactment of the "Georgia Revised Uniform Anatomical Gift Act"; to repeal the "Georgia Anatomical Gift Act"; to provide for a short title; to provide for definitions; to provide for anatomical gifts; to provide for who may make an anatomical gift; to provide for the manner of making, amending, or revoking an anatomical gift; to provide for refusal to make an anatomical gift; to provide for effectiveness; to provide for search and notification; to provide for delivery of document; to provide for rights and duties of procurement organizations; to provide for coordination of procurement and use; to prohibit the sale or purchase of body parts; to provide for penalties; to provide for immunity; to provide for governing law; to provide for a donor registry; to provide for the effect of an anatomical gift on an advance FRIDAY, APRIL 4, 2008 3973 directive for health care; to provide for cooperation between medical examiners and procurement organizations; to provide for facilitation of an anatomical gift from a decedent; to provide for applicability and statutory construction; to amend Article 6 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses relative to human body trafficking, so as to revise certain provisions relating to buying and selling the human body or parts; to amend Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, so as to repeal a provision relating to removal of eye or corneal tissue by a coroner, medical examiner, or other individual; to amend the Official Code of Georgia Annotated, so as to revise various provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, is amended by repealing Article 6, known as the "Georgia Anatomical Gift Act," and inserting in its place a new Article 6 to read as follows: "ARTICLE 6 44-5-140. This article shall be known and may be cited as the 'Georgia Revised Uniform Anatomical Gift Act.' 44-5-141. As used in this article, the term: (1) 'Adult' means an individual who is at least 18 years of age. (2) 'Agent' means an individual: (A) Authorized to make health care decisions on the principals behalf by an advance directive for health care or a durable power of attorney for health care; or (B) Expressly authorized to make an anatomical gift on the principals behalf by any other record signed by the principal. (3) 'Anatomical gift' means a donation of all or part of a human body to take effect after the donors death for the purpose of transplantation, therapy, research, or education. (4) 'Decedent' means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and a fetus. (5) 'Disinterested witness' means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift. The term does not include a person to which an anatomical gift could pass under Code Section 44-5-149. (6) 'Document of gift' means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a drivers license, identification 3974 JOURNAL OF THE SENATE card, or donor registry. (7) 'Donor' means an individual whose body or part is the subject of an anatomical gift. (8) 'Donor registry' means a data base that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. (9) 'Drivers license' means a license or permit issued by the Department of Driver Services to operate a vehicle, whether or not conditions are attached to the license or permit. (10) 'Eye bank' means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. (11) 'Guardian' means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem. (12) 'Hospital' means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. (13) 'Identification card' means an identification card for persons without drivers licenses issued pursuant to Code Sections 40-5-100 through 40-5-104 by the Department of Driver Services. (14) 'Know' means to have actual knowledge. (15) 'Minor' means an individual who is under 18 years of age. (16) 'Organ procurement organization' means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization. (17) 'Parent' means a parent whose parental rights have not been terminated. (18) 'Part' means an organ, an eye, or tissue of a human being. The term does not include the whole body. (19) 'Person' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (20) 'Physician' means an individual authorized to practice medicine or osteopathy under the law of any state. (21) 'Procurement organization' means an eye bank, organ procurement organization, or tissue bank. (22) 'Prospective donor' means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal. (23) 'Reasonably available' means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. (24) 'Recipient' means an individual into whose body a decedents part has been or is FRIDAY, APRIL 4, 2008 3975 intended to be transplanted. (25) 'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (26) 'Refusal' means a record created under Code Section 44-5-145 that expressly states an intent to bar other persons from making an anatomical gift of an individuals body or part. (27) 'Sign' means, with the present intent to authenticate or adopt a record: (A) To execute or adopt a tangible symbol; or (B) To attach to or logically associate with the record an electronic symbol, sound, or process. (28) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (29) 'Technician' means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an individual who is authorized to remove eyes, known as an enucleator. (30) 'Tissue' means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education. (31) 'Tissue bank' means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. (32) 'Transplant hospital' means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients. 44-5-142. Subject to Code Section 44-5-146, an anatomical gift of a donors body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in Code Section 44-5-143 by: (1) The donor, if the donor is an adult or if the donor is a minor and is: (A) Emancipated; or (B) Authorized under state law to apply for a drivers license because the donor is at least 16 years of age; (2) An agent of the donor, unless the advance directive for health care or durable power of attorney for health care prohibits the agent from making an anatomical gift; (3) A parent of the donor, if the donor is an unemancipated minor; or (4) The donors guardian. 44-5-143. (a) A donor may make an anatomical gift: (1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donors drivers license or identification card; 3976 JOURNAL OF THE SENATE (2) In a will; (3) During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or (4) By granting power pursuant to a durable power of attorney for health care or advance directive for health care under Chapter 32 of Title 31. (5) As provided in subsection (b) of this Code section. (b) A donor or other person authorized to make an anatomical gift under Code Section 44-5-142 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and shall: (1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and (2) State that it has been signed and witnessed as provided in paragraph (1) of this subsection. (c) Revocation, suspension, expiration, or cancellation of a drivers license or identification card upon which an anatomical gift is indicated does not invalidate the gift. (d) An anatomical gift made by will takes effect upon the donors death whether or not the will is probated. Invalidation of the will after the donors death does not invalidate the gift. 44-5-144. (a) Subject to Code Section 44-5-146, a donor or other person authorized to make an anatomical gift under Code Section 44-5-142 may amend or revoke an anatomical gift by: (1) A record signed by: (A) The donor; (B) The other person; or (C) Subject to subsection (b) of this Code section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or (2) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency. (b) A record signed pursuant to subparagraph (a)(1)(C) of this Code section shall: (1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and (2) State that it has been signed and witnessed as provided in paragraph (1) of this subsection. (c) Subject to Code Section 44-5-146, a donor or other person authorized to make an anatomical gift under Code Section 44-5-142 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of FRIDAY, APRIL 4, 2008 3977 gift used to make the gift, with the intent to revoke the gift. (d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness. (e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills under Chapter 4 of Title 53 or as provided in subsection (a) of this Code section. 44-5-145. (a) An individual may refuse to make an anatomical gift of the individuals body or part by: (1) A record signed by: (A) The individual; or (B) Subject to subsection (b) of this Code section, another individual acting at the direction of the individual if the individual is physically unable to sign; (2) The individuals will, whether or not the will is admitted to probate or invalidated after the individuals death; or (3) Any form of communication made by the individual during the individuals terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness. (b) A record signed pursuant to subparagraph (a)(1)(B) of this Code section shall: (1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and (2) State that it has been signed and witnessed as provided in paragraph (1) of this subsection. (c) An individual who has made a refusal may amend or revoke the refusal: (1) In the manner provided in subsection (a) of this Code section for making a refusal; (2) By subsequently making an anatomical gift pursuant to Code Section 44-5-143 that is inconsistent with the refusal; or (3) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal. (d) Except as otherwise provided in subsection (h) of Code Section 44-5-146, in the absence of an express, contrary indication by the individual set forth in the refusal, an individuals unrevoked refusal to make an anatomical gift of the individuals body or part bars all other persons from making an anatomical gift of the individuals body or part. 44-5-146. (a) Except as otherwise provided in subsection (g) of this Code section and subject to subsection (f) of this Code section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donors body or part if the donor made an anatomical gift of the 3978 JOURNAL OF THE SENATE donors body or part under Code Section 44-5-143 or an amendment to an anatomical gift of the donors body or part under Code Section 44-5-144. (b) A donors revocation of an anatomical gift of the donors body or part under Code Section 44-5-144 is not a refusal and does not bar another person specified in Code Sections 44-5-142 and 44-5-147 from making an anatomical gift of the donors body or part under Code Section 44-5-143 or 44-5-148. (c) If a person other than the donor makes an unrevoked anatomical gift of the donors body or part under Code Section 44-5-143 or an amendment to an anatomical gift of the donors body or part under Code Section 44-5-144, another person may not make, amend, or revoke the gift of the donors body or part under Code Section 44-5-148. (d) A revocation of an anatomical gift of a donors body or part under Code Section 44-5-144 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under Code Section 44-5-143 or 44-5-148. (e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Code Section 44-5-142, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person. (f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Code Section 44-5-142, an anatomical gift of a part for one or more of the purposes set forth in Code Section 44-5-142 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under Code Section 44-5-143 or 44-5-148. (g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donors body or part. (h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minors refusal. 44-5-147. (a) Subject to subsections (b) and (c) of this Code section and unless barred by Code Section 44-5-145 or 44-5-146, an anatomical gift of a decedents body or part for the purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed: (1) An agent of the decedent at the time of death who could have made an anatomical gift under paragraph (2) of Code Section 44-5-142 immediately before the decedents death; (2) The spouse of the decedent; (3) Adult children of the decedent; (4) Parents of the decedent; (5) Adult siblings of the decedent; (6) Adult grandchildren of the decedent; (7) Grandparents of the decedent; FRIDAY, APRIL 4, 2008 3979 (8) The persons who were acting as the guardians of the person of the decedent at the time of death; (9) Any other person having the authority to dispose of the decedents body; and (10) A representative ad litem who shall be appointed by a court of competent jurisdiction forthwith upon a petition heard ex parte filed by any person, which representative ad litem shall ascertain that no person of higher priority exists and is reasonably available who objects to the gift of all or any part of the decedents body and that no evidence exists of the decedents having made a communication expressing a desire that his or her body or body parts not be donated upon death. (b) If there is more than one member of a class listed in paragraph (1), (3), (4), (5), (6), (7), or (8) of subsection (a) of this Code section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class only if the person to which the gift may pass under Code Section 44-5-149 in good faith obtains a representation from the member that the member does not know of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available. (c) A person may not make an anatomical gift if, at the time of the decedents death, a person in a prior class under subsection (a) of this Code section is reasonably available to make or to object to the making of an anatomical gift. 44-5-148. (a) A person authorized to make an anatomical gift under Code Section 44-5-147 may make an anatomical gift by a document of gift signed by the person making the gift or by that persons oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication. (b) Subject to subsection (c) of this Code section, an anatomical gift by a person authorized under Code Section 44-5-147 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under Code Section 44-5-147 may be: (1) Amended only if a majority of the reasonably available members agree to the amending of the gift; or (2) Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift. (c) A revocation under subsection (b) of this Code section is effective only if, before an incision has been made to remove a part from the donors body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation. 44-5-149. (a) An anatomical gift may be made to the following persons named in the document of gift: 3980 JOURNAL OF THE SENATE (1) A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education; (2) Subject to subsection (b) of this Code section, an individual designated by the person making the anatomical gift if the individual is the recipient of the part; or (3) An eye bank or tissue bank. (b) If an anatomical gift to an individual under paragraph (2) of subsection (a) of this Code section cannot be transplanted into the individual, the part passes in accordance with subsection (g) of this Code section in the absence of an express, contrary indication by the person making the anatomical gift. (c) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) of this Code section but identifies the purpose for which an anatomical gift may be used, the following rules apply: (1) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank; (2) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank; (3) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ; and (4) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization. (d) For the purpose of subsection (c) of this Code section, if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift shall be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education. (e) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (a) of this Code section and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g) of this Code section. (f) If a document of gift specifies only a general intent to make an anatomical gift by words such as 'donor,' 'organ donor,' or 'body donor,' or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g) of this Code section. (g) For purposes of subsections (b), (e), and (f) of this Code section, the following rules apply: (1) If the part is an eye, the gift passes to the appropriate eye bank; (2) If the part is tissue, the gift passes to the appropriate tissue bank; and (3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ. (h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under paragraph (2) of subsection (a) of this Code section, passes to the FRIDAY, APRIL 4, 2008 3981 organ procurement organization as custodian of the organ. (i) If an anatomical gift does not pass pursuant to subsections (a) through (h) of this Code section or the decedents body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part. (j) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under Code Sections 44-5-143 and 44-5-148 or if the person knows that the decedent made a refusal under Code Section 44-5-145 that was not revoked. For purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift. (k) Except as otherwise provided in paragraph (2) of subsection (a) of this Code section, nothing in this article affects the allocation of organs for transplantation or therapy. 44-5-150. (a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: (1) A law enforcement officer, firefighter, paramedic, emergency medical technician, or other first responder finding the individual, in accordance with subsection (b.1) of Code Section 17-6-11; and (2) If no other source of the information is immediately available, a hospital, as soon as practical after the individuals arrival at the hospital. (b) If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (a) of this Code section and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital. (c) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this Code section but may be subject to administrative sanctions. 44-5-151. (a) A document of gift need not be delivered during the donors lifetime to be effective. (b) Upon or after an individuals death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under Code Section 44-5-149. 44-5-152. (a) When a hospital refers an individual at or near death to a procurement organization, 3982 JOURNAL OF THE SENATE the organization shall make a reasonable search of the records of any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift. (b) The Department of Driver Services shall make donor information reasonably available to a procurement organization. (c) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent. (d) Unless prohibited by law other than this article, at any time after a donors death, the person to which a part passes under Code Section 44-5-149 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose. (e) Unless prohibited by law other than this article, an examination under subsection (c) or (d) of this Code section may include an examination of all medical and dental records of the donor or prospective donor. (f) Unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal, if any. (g) Upon referral by a hospital under subsection (a) of this Code section, a procurement organization shall make a reasonable search for any person listed in Code Section 44-5147 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information. (h) Subject to subsection (i) of Code Section 44-5-149 and Code Section 44-5-151, the rights of the person to which a part passes under Code Section 44-5-149 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this article, a person that accepts an anatomical gift of an entire body may allow embalming, burial, or cremation and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under Code Section 44-5-149, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation. (i) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedents death may participate in the procedures for removing or transplanting a part from the decedent. (j) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove. FRIDAY, APRIL 4, 2008 3983 44-5-153. Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. 44-5-154. (a) Except as otherwise provided in subsection (b) of this Code section, a person that for valuable consideration knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individuals death commits a felony and upon conviction is subject to a fine not exceeding $50,000.00 or imprisonment not exceeding five years, or both. (b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part. 44-5-155. A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a felony and upon conviction is subject to a fine not exceeding $50,000.00 or imprisonment not exceeding five years, or both. 44-5-156. (a) A person that acts in accordance with this article or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding. (b) Neither the person making an anatomical gift nor the donors estate is liable for any injury or damage that results from the making or use of the gift. (c) In determining whether an anatomical gift has been made, amended, or revoked under this article, a person may rely upon representations of an individual listed in paragraph (2), (3), (4), (5), (6), or (7) of subsection (a) of Code Section 44-5-147 relating to the individuals relationship to the donor or prospective donor unless the person knows that the representation is untrue. 44-5-157. (a) A document of gift is valid if executed in accordance with: (1) This article; (2) The laws of the state or country where it was executed; or (3) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed. (b) If a document of gift is valid under this Code section, the law of this state governs the interpretation of the document of gift. (c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked. 3984 JOURNAL OF THE SENATE 44-5-158. (a) The Department of Driver Services shall make available to procurement organizations or secure data centers maintained and managed at the direction of a procurement organization the name, license number, date of birth, gender, and most recent address of any person who obtains an organ donors license; provided, however, that the gender information shall only be made available to a procurement organization or secure data center if such organization or center has sufficient funds to cover the associated costs with providing such information. Information so obtained by such organizations shall be used for the purpose of establishing a state-wide organ donor registry accessible to organ tissue and eye banks authorized to function as such in this state and shall not be further disseminated. (b) A donor registry shall: (1) Allow a donor or other person authorized under Code Section 44-5-142 to include on the donor registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift; (2) Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; and (3) Be accessible for purposes of paragraphs (1) and (2) of this subsection seven days a week on a 24 hour basis. (c) Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; provided, however, this shall not preclude the use of aggregated demographic information for the purposes of annual reporting, research, or education. (d) This Code section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with this state. Any such registry shall comply with subsections (b) and (c) of this Code section. 44-5-159. If a prospective donor has an advance directive for health care in accordance with Chapter 32 of Title 31 or a declaration signed by a prospective donor, unless it expressly provides to the contrary, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from the prospective donor. 44-5-159.1. (a) A medical examiner and procurement organizations shall cooperate with each other to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education. FRIDAY, APRIL 4, 2008 3985 (b) If a medical examiner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the medical examiner and a postmortem examination is going to be performed, unless the medical examiner denies recovery in accordance with Code Section 44-5-159.2, the medical examiner or designee shall conduct, when practicable, a postmortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift. The date and location of such examinations shall occur as specified in the agreement as provided for in subsection (e) of Code Section 44-5-159.2. (c) A part may not be removed from the body of a decedent under the jurisdiction of a medical examiner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the medical examiner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection shall not preclude a medical examiner from performing the medicolegal autopsy upon the body or parts of a decedent under the jurisdiction of the medical examiner or from using the body or parts of a decedent under the jurisdiction of the medical examiner for the purposes of education, training, and research required by the medical examiner. 44-5-159.2. (a) Upon specific request of a procurement organization, and in accordance with the procedures set forth under the agreement established pursuant to subsection (e) of this Code section, a medical examiner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the medical examiner. If the decedents body or part is medically suitable for transplantation, therapy, research, or education, and the gift or procurement does occur, the medical examiner shall release postmortem examination results to the procurement organization. The procurement organization may make a subsequent disclosure of the postmortem examination results or other information received from the medical examiner only if relevant to transplantation, therapy, research, or education. (b) The medical examiner may conduct a medicolegal investigation by reviewing all medical records, laboratory test results, x-rays, other diagnostic results, and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the medical examiner that the medical examiner determines may be relevant to the investigation. (c) A person that has any information requested by a medical examiner pursuant to subsection (b) of this Code section shall provide that information as expeditiously as possible to allow the medical examiner to conduct the medicolegal investigation within a period compatible with the preservation of parts for the purpose of transplantation, therapy, research, or education. (d) If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the medical examiner and a postmortem examination is not 3986 JOURNAL OF THE SENATE required, or the medical examiner determines that a postmortem examination is required but that the recovery of the part that is the subject of an anatomical gift will not interfere with the examination, the medical examiner and procurement organization shall cooperate in the timely removal of the part from the decedent for the purpose of transplantation, therapy, research, or education. (e) The medical examiner and procurement organizations shall enter into an agreement signed by both parties setting forth protocols and procedures to govern relations between the parties when an anatomical gift of a part from a decedent under the jurisdiction of the medical examiner has been or might be made, but the medical examiner believes that the recovery of the part could interfere with the postmortem investigation into the decedents cause or manner of death. Decisions regarding the recovery of organs, tissue, and eyes from such a decedent, and decisions about approaches to tissue donation cases compared with organ donation cases, shall be made in accordance with the agreement. In the event that a medical examiner denies recovery of an anatomical gift, the procurement organization may request the regional medical examiner serving the county having jurisdiction over the death to reconsider the denial and to permit the recovery to proceed; provided, however, that if a county having jurisdiction over the death does not have a county medical examiner as defined in paragraph (2) of Code Section 45-16-21, and a recovery is denied as provided herein, the procurement organization may request the chief medical examiner appointed pursuant to Code Section 35-3-153 to reconsider the denial and to permit the recovery to proceed. The parties shall evaluate the effectiveness of the protocols and procedures at regular intervals but no less frequently than every two years. A medical examiner may limit its involvement and agreements with procurement organizations to one procurement organization, but may work with more than one procurement organization in the discretion of the medical examiner. (f) If the medical examiner or designee allows recovery of a part under subsection (d) or (e) of this Code section, the procurement organization, upon request, shall cause the physician or technician who removes the part to provide the medical examiner with a record describing the condition of the part, a biopsy, a photograph, and any other information and observations that would assist in the postmortem examination. (g) If a medical examiner or designee is required to be present at a removal procedure pursuant to an agreement entered into under subsection (e) of this Code section, upon request the procurement organization requesting the recovery of the part shall reimburse the medical examiner or designee for the additional costs incurred in complying with subsection (e) of this Code section. 44-5-159.3. This article applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. 44-5-159.4. This article modifies, limits, and supersedes the Electronic Signatures in Global and FRIDAY, APRIL 4, 2008 3987 National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit or supersede Section 101(a) of that act, 15 U.S.C. Section 7001, or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b). SECTION 2. Article 6 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses relative to human body trafficking, is amended by revising Code Section 16-12-160, relating to buying or selling or offering to buy or sell the human body or parts, as follows: "16-12-160. (a) It shall be unlawful, except as provided in subsection (b) of this Code section, for any person, firm, or corporation to buy or sell, to offer to buy or sell, or to assist another in buying or selling or offering to buy or sell a human body or any part of a human body or buy or sell a human fetus or any part thereof. (b) The prohibition contained in subsection (a) of this Code section shall not apply to: (1) The purchase or sale of whole blood, blood plasma, blood products, blood derivatives, other self-replicating body fluids, or hair; (2) A gift or donation of a human body or any part of a human body or any procedure connected therewith as provided in Article 6 of Chapter 5 of Title 44 or to the payment of a processing fee in connection with such gift or donation pursuant to subsection (b) of Code Section 44-5-154 if such fee is paid to a bank or storage facility procurement organization, as those terms are defined that term is defined in Code Section 44-5-142 44-5-141; (3) The reimbursement of actual expenses, including medical costs, lost income, and travel expenses, incurred by a living person in giving or donating a part of the persons body; (4) The payment of financial assistance under a plan of insurance or other health care coverage; (5) The purchase or sale of human tissue, organs, or other parts of the human body for health sciences education; or (6) The payment of reasonable costs associated with the removal, storage, or transportation of a human body or any part of a human body given or donated for medical or scientific purposes. (c) Any person, firm, or corporation convicted of violating subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not exceeding $5,000.00 or by imprisonment for not less than one year nor more than five years, or both." SECTION 3. Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, is amended by repealing and reserving Code Section 31-23-6, relating to removal of eye or corneal tissue by a coroner, medical examiner, or other individual. 3988 JOURNAL OF THE SENATE SECTION 4. The following Code sections of the Official Code of Georgia Annotated are amended by striking "Georgia Anatomical Gift Act" wherever that term occurs and inserting in its place "Georgia Revised Uniform Anatomical Gift Act": (1) Code Section 31-23-2, relating to the effect on eye donations of the "Georgia Anatomical Gift Act"; (2) Code Section 31-32-4, relating to the advance directive for health care statutory form; (3) Code Section 31-32-7, relating to duties and responsibilities of health care agents designated in advance directives for health care; (4) Code Section 31-32-8, relating to duties and responsibilities of health care providers relating to advance directives for health care; and (5) Code Section 40-5-6, relating to forms for making of anatomical gifts upon issuance or renewal of drivers licenses. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Balfour of the 9th moved that the Senate agree to the House substitute to SB 405. 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Heath Y Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams FRIDAY, APRIL 4, 2008 3989 On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 405. Senator Weber of the 40th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 451. By Senators Balfour of the 9th, Adelman of the 42nd, Williams of the 19th, Reed of the 35th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to the Public Retirement Systems Investment Authority Law, so as to provide a short title; to provide an additional exception from the divestment requirement and the investment prohibition to certain indirect holdings in actively managed investment funds; to require such boards to request that the managers of such investment funds consider removing scrutinized companies from the fund or creating a similar fund that excludes such companies; to require certain reports; to provide for termination of such prohibitions and divestments; to provide for certain notices; 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 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to the Public Retirement Systems Investment Authority Law, so as to provide a short title; to provide for legislative findings; to provide for definitions; to require that boards administering public retirement funds of this state identify all companies in which public funds are invested that are doing certain types of investments in Iran; to require such boards to create and maintain certain scrutinized company lists that name all such companies; to require such boards to periodically contact all scrutinized companies and encourage them to refrain from engaging in certain types of investments in Iran; to require such boards to inform scrutinized companies of their status as a scrutinized company and to ask for clarification as to the nature of each companys business activities; to provide that a company may be removed from the list under certain conditions; to provide for the reintroduction of a company onto the list; to provide for the divestment of all directly held, publicly traded securities of a scrutinized company under certain conditions; to provide exceptions to the divestment requirements; to prohibit such boards from acquiring securities of scrutinized companies that have certain active investments; to provide exceptions to the investment prohibition; to provide an additional 3990 JOURNAL OF THE SENATE exception from the divestment requirement and the investment prohibition to certain indirect holdings in actively managed investment funds; to require such boards to request that the managers of such investment funds consider removing scrutinized companies from the fund or creating a similar fund that excludes such companies; to require certain reports; to provide for termination of such prohibitions and divestments; to provide for certain notices; to provide for related matters; to provide for automatic repeal; to provide for immunity; 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 "Protecting Georgias Investments Act." SECTION 2. The General Assembly finds that: (1) In 2001, the federal Securities and Exchange Commission determined that companies with business operations in terrorist-sponsored states are exposed to a special risk category known as global security risk: the risk to share value and corporate reputation stemming from the intersection of a publicly traded companys international business activities and security-related concerns, such as terrorism and weapons proliferation; (2) In response to the financial risk posed by investments in companies doing business with a state that sponsors terrorists, the federal Securities and Exchange Commission established its Office of Global Security Risk to provide for enhanced disclosure of material information regarding such companies; (3) According to the former chair of the federal Securities and Exchange Commission Laura Unger, the fact that a foreign company is doing material business with a country, government, or entity on OFACs sanctions list is, in the view of the staff of the federal Securities and Exchange Commission, substantially likely to be significant to a reasonable investors decision about whether to invest in that company; (4) A 2006 report by the United States House of Representatives Committee on Appropriations states that "a companys association with sponsors of terrorism and human rights abuses, no matter how large or small, can have a materially adverse result on a public companys activities, financial condition, earnings, and stock prices, all of which can negatively affect the value of an investment"; (5) Iran tops the United States State Departments list of state sponsors of terrorism, funding such groups as Hamas, Hezbollah, and Islamic Jihad, as well as fueling the insurgency in Iraq via its Al-Quds force; (6) The United States imposed sanctions on Iran by designating the Islamic Revolutionary Guard Corps, its Al-Quds Force, and three state-owned banks as weapons proliferators and supporters of terrorism; (7) The United Nations Security Council has twice voted unanimously to impose sanctions on Iran for its failure to suspend its uranium-enrichment activities calling for an additional embargo on Iranian arms exports, which is a freeze on assets abroad FRIDAY, APRIL 4, 2008 3991 of an expanded list of individuals and companies involved in Irans nuclear and ballistic missile programs, and calls for nations and institutions to bar new grants or loans to Iran except for humanitarian and developmental purposes; (8) Foreign entities have invested in Irans petroleum energy sector despite United States and United Nations sanctions against Iran; (9) All entities that have invested more than $20 million in any given year in Irans petroleum sector since August 5, 1996, are subject to sanctions under United States law pursuant to the Iran Sanctions Act of 1996; (10) The United States renewed the Iran Sanctions Act of 1996 in 2001 and 2006; (11) It is a fundamental responsibility of the State of Georgia to decide where, how, and by whom financial resources in its control should be invested, taking into account numerous pertinent factors; (12) While divestiture should be considered with the intent to improve investment performance, by the rules of prudence, fiduciaries must take into account all relevant substantive factors in arriving at an investment decision; (13) The State of Georgia is deeply concerned about investments in publicly traded companies that have investments in Irans petroleum sector as a financial risk to the shareholders; (14) By investing in publicly traded companies having investments in Irans petroleum sector, public retirement systems are putting their funds at substantial financial risk; (15) Divestiture from markets that are vulnerable to embargo, loan restrictions, and sanctions from the United States and the international community, including the United Nations Security Council, is in accordance with the rules of prudence; (16) This Act should remain in effect only insofar as it continues to be consistent with and does not unduly interfere with the foreign policy of the United States as determined by the federal government; (17) To protect Georgias assets, it is in the best interest of the state to enact a statutory prohibition regarding the investments managed by public retirement systems doing business in Irans petroleum-energy sector; (18) Nevertheless, the members of this body have serious concerns regarding the efficacy of requiring the divestment of Georgias retirement funds in large companies with fiscally sound histories and enviable histories of returns, and whether any effect on world-wide business activities might be too insubstantial as to warrant the cost to the state and to public retirees of divestment; (19) Further, the members of this body are concerned about the cost of compliance, both in terms of the necessity of employing additional administrative staff to ferret certain companies out of the investment pool and in the potential for lost investment revenue caused by a possibly ineffective but costly investment policy; and (20) The members of this body have faith that the boards of trustees and investment managers of our public retirement systems are patriotic Americans who would not aid or assist terrorism in any manner, and that restrictive and potentially costly micromanaging by this body is unnecessary. 3992 JOURNAL OF THE SENATE SECTION 3. Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to the Public Retirement Systems Investment Authority Law, is revised by adding a new Code section to read as follows: "47-20-83.1. (a) As used in this Code section, the term: (1) 'Company' means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association that exists for the purpose of making profit. (2) 'Direct holdings' in a company means all securities of that company that are held directly by the public fund or in an account or fund in which the public fund owns all shares or interests. (3) 'Government of Iran' means the government of Iran, its instrumentalities, and companies owned or controlled by the government of Iran. (4) 'Inactive business activities' means the mere continued holding or renewal of rights to property previously operated for the purpose of generating revenues but not presently deployed for such purpose. (5) 'Indirect holdings' in a company means all securities of that company that are held in an account or fund, such as a mutual fund, managed by one or more persons not employed by the public fund, in which the public fund owns shares or interests together with other investors not subject to the provisions of this Code section. (6) 'Iran' means the Islamic Republic of Iran. (7) 'Petroleum resources' means petroleum or natural gas. (8) 'Public fund' means a large retirement system as defined in Code Section 47-2084. (9) 'Scrutinized business activities' means business activities that have resulted in a company becoming a scrutinized company. (10) 'Scrutinized company' means any company that has, with actual knowledge, on or after August 5, 1996, made an investment of $20 million or more in Irans petroleum sector which directly or significantly contributes to the enhancement of Irans ability to develop the petroleum resources of Iran. (11) 'Substantial action specific to Iran' means adopting, publicizing, and implementing a formal plan to cease scrutinized business activities within one year and to refrain from any such new business activities. (b) On or before October 1, 2008, each public fund shall make its best efforts to identify all scrutinized companies in which the public fund has direct or indirect holdings. Such efforts include reviewing and relying, as appropriate in the public funds judgment, on publicly available information regarding companies that have invested more than $20 million in any given year since August 5, 1996, in Irans petroleum energy sector, including information provided by nonprofit organizations, research firms, international organizations, and government entities. (c) By the first meeting of each board responsible for the management of a public fund FRIDAY, APRIL 4, 2008 3993 after October 1, 2008, the board shall assemble all scrutinized companies that fit the criteria specified in paragraph (10) of subsection (a) of this Code section into a 'Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.' (d) The board of each public fund shall update and make publicly available annually the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List based on evolving information from, among other sources, those listed in subsection (b) of this Code section. (e) Each public fund shall adhere to the following procedure for assembling companies on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List: (1) For each company in which the public fund has direct holdings newly identified under subsection (c) of this Code section, the public fund shall send a written notice informing the company of its scrutinized company status and that it may become subject to divestment by the public fund. The notice must inform the company of the opportunity to clarify its Iran related activities and encourage the company, within 90 days, to cease its scrutinized business activities or convert such activities to inactive business activities in order to avoid qualifying for divestment by the public fund. Such notice shall be sent no later than December 15, 2008; and (2) If, within 90 days after the public funds first engagement with a company pursuant to this subsection, that company announces by public disclosure substantial action specific to Iran, the public fund may maintain its direct holdings, but the company shall remain on the Scrutinized Companies with Activities in Iran Petroleum Energy Sector List pending completion of its cessation of scrutinized business activities. (f)(1) If, after 90 days following a public funds first engagement with a company pursuant to subsection (e) of this Code section, the company has not announced by public disclosure substantial action specific to Iran, or the public fund determines or becomes aware that the company continues to have scrutinized business activities, the public fund within eight months after the expiration of such 90 day period shall sell, redeem, divest, or withdraw all publicly traded securities of the company from the public funds direct holdings. (2) If the public fund determines or becomes aware that a company that ceased scrutinized business activities following engagement pursuant to subsection (e) of this Code section has resumed such activities, the public fund shall send a written notice to the company in accordance with subsection (e) and this subsection. The company shall also be immediately reintroduced onto the Scrutinized Companies with Activities in Iran Petroleum Energy Sector List. (3) The public fund shall monitor the scrutinized company that has announced by public disclosure substantial action specific to Iran and, if, after one year, the public fund determines or becomes aware that the company has not implemented such a plan, within three months after the expiration of such one-year period shall sell, redeem, divest, or withdraw all publicly traded securities of the company from the public funds direct holdings, and the company also shall be immediately reintroduced onto the Scrutinized Companies with Activities in Iran Petroleum Energy Sector List. 3994 JOURNAL OF THE SENATE (g) A public fund shall not acquire securities of companies on the Scrutinized Companies with Activities in Iran Petroleum Energy Sector List. (h) Subsections (f) and (g) of this Code section shall not apply to a public funds indirect holdings. However, the public fund shall submit letters to the managers of such investment funds containing companies on the Scrutinized Companies with Activities in Iran Petroleum Energy Sector List requesting that they consider removing such companies from the fund or create a similar actively managed fund having indirect holdings devoid of such companies. If the manager creates a similar fund devoid of such securities or if such funds are created elsewhere, the board of the public fund shall determine within six months whether to replace all applicable investments with investments in the similar fund in an expedited time frame consistent with prudent investing standards. For the purposes of this subsection, a private equity fund is deemed to be an actively managed investment fund. (i) Notwithstanding any other provision of this Code section, the public fund, when discharging its responsibility for operation of a defined contribution plan, shall engage the manager of the investment offerings in such plans requesting that they consider removing scrutinized companies from the investment offerings or create an alternative investment offering devoid of scrutinized companies. If the manager creates an alternative investment offering or if such funds are created elsewhere and is deemed by the public fund to be consistent with prudent investor standards, the public fund shall, within six months, consider including such investment offering in the plan. (j) Each public fund shall file a report with the Governor, the President of the Senate, and the Speaker of the House of Representatives that includes the Scrutinized Companies with Activities in Iran Petroleum Energy Sector List within 30 days after the list is created. This report shall be made available to the public. Annually thereafter the board responsible for the management of a public fund shall file a report, which shall be made available to the public and to the Governor, the President of the Senate, and the Speaker of the House of Representatives, which includes: (1) A summary of correspondence with companies engaged by the public fund under this Code section; (2) All investments sold, redeemed, divested, or withdrawn in compliance with this Code section; (3) All prohibited investments under this Code section; (4) Any progress made under subsection (h) of this Code section; and (5) A list of all publicly traded securities held directly by the public fund. (k) If any of the following occur, this Code section shall be of no further force or effect: (1) The Congress or President of the United States affirmatively and unambiguously states, by means including, but not limited to, legislation, executive order, or written certification from the President to Congress, that the government of Iran has ceased to pursue the capabilities to develop nuclear weapons and support international terrorism; (2) The United States revokes all sanctions imposed against the government of Iran; FRIDAY, APRIL 4, 2008 3995 or (3) The Congress or President of the United States affirmatively and unambiguously declares, by means including, but not limited to, legislation, executive order, or written certification from the President to Congress, that mandatory divestment of the type provided for in this Code section interferes with the conduct of United States foreign policy. (l) With respect to actions taken in compliance with this Code section, including all good faith determinations regarding companies as required by this Code section, the public fund shall be exempt from any conflicting statutory or common law obligations, including any such obligations with respect to choice of asset managers, investment funds, or investments for the public funds securities portfolios. (m) Neither the retirement system nor any employee of the retirement system shall be liable for a good faith omission in identifying a scrutinized company. (n) The director of the Office of Treasury and Fiscal Services shall annually prepare a list of scrutinized companies as otherwise required by this Code section. The list shall be made available to each public fund in Georgia and each such fund may rely on said list in meeting the requirements of this Code section." SECTION 3.1. This Act shall be automatically repealed on July 1, 2015. SECTION 4. 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 28, 2008 The Honorable Ben Bridges, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334 3996 JOURNAL OF THE SENATE SUBJECT: State Auditor's Certification Substitute to Senate Bill 451 (LC 21 9928S) Dear Chairman Bridges: This substitute bill would create the "Protecting Georgia's Investments Act." Specifically, this bill would provide that public funds be required to identify all `scrutinized companies' in which the public fund has direct or indirect holdings. This legislation defines `scrutinized companies' as any company that has, with actual knowledge, on or after August 5, 1996, made an investment of $20 million or more in Iran's petroleum sector which directly or significantly contributes to the enhancement of Iran's ability to develop the petroleum resources of Iran. `Public fund' is defined in this legislation to mean a large retirement system as defined in 47-20-84 of the Official Code of Georgia Annotated. This legislation would require public funds to identify these scrutinized companies by October 1, 2008 and update their listing of these companies annually. This legislation specifies that neither employees of a retirement system nor the retirement system shall be liable for a good faith omission in identifying scrutinized companies. This bill also outlines the procedures that must be followed by public funds with direct holdings in any `scrutinized companies.' These procedures include notifying companies of their status, encouraging the companies to cease such activities, and divesting securities in such companies under certain circumstances. This bill provides for certain exclusions and provides for the termination of these prohibitions if certain Federal action occurs. The substitute bill would require the State Treasurer to annually prepare a list of scrutinized companies. The list shall be made available to each public fund in Georgia and each such fund may rely on the list in meeting the requirements of this legislation. This substitute bill would also change the automatic repeal date from July 1, 2011 to July 1, 2015. This is to certify that the changes made in this substitute bill are nonfiscal amendments as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Russell W. Hinton State Auditor Senator Balfour of the 9th moved that the Senate agree to the House substitute to SB 451. FRIDAY, APRIL 4, 2008 3997 On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Brown Y Bulloch Butler Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Hamrick Y Harbison Harp Y Hawkins N Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the motion, the yeas were 46, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 451. The following bill was taken up to consider the Conference Committee Report thereto: SB 345. By Senators Harbison of the 15th, Douglas of the 17th, Moody of the 56th, Hooks of the 14th and Seay of the 34th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to adopt the Interstate Compact on Educational Opportunity for Military Children; to create the Interstate Commission on Educational Opportunity for Military Children; to provide for the members of the interstate commission and their service; provide for an executive committee and its membership and duties; to provide for the powers, duties, organization, and operations of the commission; to provide for oversight, enforcement, and dispute resolution; to provide for financing of the interstate commission; to provide for member states, effective date, and amendments; to provide for withdrawal and dissolution; to provide for binding effect and other laws; to provide for other related matters; to repeal conflicting laws; and for other purposes. 3998 JOURNAL OF THE SENATE The Conference Committee Report was as follows: The Committee of Conference on SB 345 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 345 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Johnson of the 1st /s/ Senator Harbison of the 15th /s/ Senator Weber of the 40th /s/ Representative Smith of the 131st /s/ Representative Forster of the 3rd /s/ Representative McKillip of the 115th COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 345 A BILL TO BE ENTITLED AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to adopt the Interstate Compact on Educational Opportunity for Military Children; to provide for a short title; to provide for the purpose and policy of said compact; to define the terminology used in said compact; to provide for applicability; to provide for educational records and enrollment; to provided for placement and attendance; to provide for eligibility; to provide for graduation; to provide for state coordination services; to create the Interstate Commission on Educational Opportunity for Military Children; to provide for the members of the interstate commission and their service; provide for an executive committee and its membership and duties; to provide for the powers, duties, organization, and operations of the commission; to provide for oversight, enforcement, and dispute resolution; to provide for financing of the interstate commission; to provide for member states, effective date, and amendments; to provide for withdrawal and dissolution; to provide for binding effect and other laws; 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: "CHAPTER 17 20-17-1. This chapter shall be known and may be cited as the 'Interstate Compact on Educational FRIDAY, APRIL 4, 2008 3999 Opportunity for Military Children.' 20-17-2. The Interstate Compact on Educational Opportunity for Military Children is enacted into law and entered into by the State of Georgia with any and all states legally joining therein in the form substantially as follows: 'Interstate Compact on Educational Opportunity for Military Children The Contracting States solemnly agree that: ARTICLE I PURPOSE It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by: A. Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school district(s) or variations in entrance/age requirements. B. Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content or assessment. C. Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities. D. Facilitating the on-time graduation of children of military families. E. Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact. F. Providing for the uniform collection and sharing of information between and among member states, schools and military families under this compact. G. Promoting coordination between this compact and other compacts affecting military children. H. Promoting flexibility and cooperation between the educational system, parents and the student in order to achieve educational success for the student. ARTICLE II DEFINITIONS As used in this compact, unless the context clearly requires a different construction: A. "Active duty" means: full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Section 1209 and 1211. B. "Children of military families" means: a school-aged child(ren), enrolled in 4000 JOURNAL OF THE SENATE Kindergarten through Twelfth (12th) grade, in the household of an active duty member. C. "Compact commissioner" means: the voting representative of each compacting state appointed pursuant to Article VIII of this compact. D. "Deployment" means: the period one (1) month prior to the service members departure from their home station on military orders though six (6) months after return to their home station. E. "Education(al) records" means: those official records, files, and data directly related to a student and maintained by the school or local education agency, including but not limited to records encompassing all the material kept in the students cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols, and individualized education programs. F. "Extracurricular activities" means: a voluntary activity sponsored by the school or local education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities. G. "Interstate Commission on Educational Opportunity for Military Children" means: the commission that is created under Article IX of this compact, which is generally referred to as Interstate Commission. H. "Local education agency" means: a public authority legally constituted by the state as an administrative agency to provide control of and direction for Kindergarten through Twelfth (12th) grade public educational institutions. I. "Member state" means: a state that has enacted this compact. J. "Military installation" means: means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. Territory. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects. K. "Non-member state" means: a state that has not enacted this compact. L. "Receiving state" means: the state to which a child of a military family is sent, brought, or caused to be sent or brought. M. "Rule" means: a written statement by the Interstate Commission promulgated pursuant to Article XII of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Interstate Commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule. N. "Sending state" means: the state from which a child of a military family is sent, brought, or caused to be sent or brought. FRIDAY, APRIL 4, 2008 4001 O. "State" means: a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. Territory. P. "Student" means: the child of a military family for whom the local education agency receives public funding and who is formally enrolled in Kindergarten through Twelfth (12th) grade. Q. "Transition" means: 1) the formal and physical process of transferring from school to school or 2) the period of time in which a student moves from one school in the sending state to another school in the receiving state. R. "Uniformed service(s)" means: the Army, Navy, Air Force, Marine Corps, Coast Guard as well as the Commissioned Corps of the National Oceanic and Atmospheric Administration, and Public Health Services. S. "Veteran" means: a person who served in the uniformed services and who was discharged or released there from under conditions other than dishonorable. ARTICLE III APPLICABILITY A. Except as otherwise provided in Section B, this compact shall apply to the children of: 1. active duty members of the uniformed services as defined in this compact, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Section 1209 and 1211; 2. members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one (1) year after medical discharge or retirement; and 3. members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one (1) year after death. B. The provisions of this interstate compact shall only apply to local education agencies as defined in this compact. C. The provisions of this compact shall not apply to the children of: 1. inactive members of the national guard and military reserves; 2. members of the uniformed services now retired, except as provided in Section A; 3. veterans of the uniformed services, except as provided in Section A; and 4. other U.S. Dept. of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services. ARTICLE IV EDUCATIONAL RECORDS & ENROLLMENT A. Unofficial or "hand-carried" education records -- In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a 4002 JOURNAL OF THE SENATE complete set of unofficial educational records containing uniform information as determined by the Interstate Commission. Upon receipt of the unofficial education records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible. B. Official education records/transcripts -- Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the students official education record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within ten (10) days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission. C. Immunizations -- Compacting states shall give thirty (30) days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the Interstate Commission, for students to obtain any immunization(s) required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within thirty (30) days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission. D. Kindergarten and First grade entrance age -- Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level (including Kindergarten) from a local education agency in the sending state at the time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on their validated level from an accredited school in the sending state. ARTICLE V PLACEMENT & ATTENDANCE A. Course placement -- When the student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the students enrollment in the sending state school and/or educational assessments conducted at the school in the sending state if the courses are offered. Course placement includes but is not limited to Honors, International Baccalaureate, Advanced Placement, vocational, technical and career pathways courses. Continuing the students academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the course(s). B. Educational program placement -- The receiving state school shall initially honor FRIDAY, APRIL 4, 2008 4003 placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation/placement in like programs in the sending state. Such programs include, but are not limited to: 1) gifted and talented programs; and 2) English as a second language (ESL). This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student. C. Special education services -- 1) In compliance with the federal requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.A. Section 1400 et seq, the receiving state shall initially provide comparable services to a student with disabilities based on his/her current Individualized Education Program (IEP); and 2) In compliance with the requirements of Section 504 of the Rehabilitation Act, 29 U.S.C.A. Section 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C.A. Sections 12131-12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or Title II Plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student. D. Placement flexibility -- Local education agency administrative officials shall have flexibility in waiving course/program prerequisites, or other preconditions for placement in courses/programs offered under the jurisdiction of the local education agency. E. Absence as related to deployment activities -- A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by the compact, and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with his or her parent or legal guardian relative to such leave or deployment of the parent or guardian. ARTICLE VI ELIGIBILITY A. Eligibility for enrollment 1. Special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent. 2. A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent. 3. A transitioning military child, placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of 4004 JOURNAL OF THE SENATE the custodial parent, may continue to attend the school in which he/she was enrolled while residing with the custodial parent. B. Eligibility for extracurricular participation -- State and local education agencies shall facilitate the opportunity for transitioning military childrens inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified. ARTICLE VII GRADUATION In order to facilitate the on-time graduation of children of military families states and local education agencies shall incorporate the following procedures: A. Waiver requirements -- Local education agency administrative officials shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time. B. Exit exams -- States shall accept: 1) exit or end-of-course exams required for graduation from the sending state; or 2) national norm-referenced achievement tests or 3) alternative testing, in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in his or her Senior year, then the provisions of Article VII, Section C shall apply. C. Transfers during Senior year -- Should a military student transferring at the beginning or during his or her Senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency. In the event that one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with Sections A and B of this Article. ARTICLE VIII STATE COORDINATION A. Each member state shall, through the creation of a State Council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies and military installations concerning the states participation in, and compliance with, this compact and Interstate Commission activities. While each member state may determine the membership of its own State Council, its membership must include at least: the state superintendent of education, FRIDAY, APRIL 4, 2008 4005 superintendent of a school district with a high concentration of military children, representative from a military installation, one representative each from the legislative and executive branches of government, and other offices and stakeholder groups the State Council deems appropriate. A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the State Council. B. The State Council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact. C. The compact commissioner responsible for the administration and management of the states participation in the compact shall be appointed by the Governor or as otherwise determined by each member state. D. The compact commissioner and the military family education liaison designated herein shall be ex-officio members of the State Council, unless either is already a full voting member of the State Council. ARTICLE IX INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN The member states hereby create the "Interstate Commission on Educational Opportunity for Military Children." The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall: A. Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact. B. Consist of one Interstate Commission voting representative from each member state who shall be that states compact commissioner. 1. Each member state represented at a meeting of the Interstate Commission is entitled to one vote. 2. A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission. 3. A representative shall not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the Interstate Commission, the Governor or State Council may delegate voting authority to another person from their state for a specified meeting. 4. The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication. C. Consist of ex-officio, non-voting representatives who are members of interested 4006 JOURNAL OF THE SENATE organizations. Such ex-officio members, as defined in the bylaws, may include but not be limited to, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the U.S. Department of Defense, the Education Commission of the States, the Interstate Agreement on the Qualification of Educational Personnel and other interstate compacts affecting the education of children of military members. D. Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings. E. Establish an executive committee, whose members shall include the officers of the Interstate Commission and such other members of the Interstate Commission as determined by the bylaws. Members of the executive committee shall serve a one year term. Members of the executive committee shall be entitled to one vote each. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as deemed necessary. The U.S. Dept. of Defense, shall serve as an ex-officio, nonvoting member of the executive committee. F. Establish bylaws and rules that provide for conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. G. Public notice shall be given by the Interstate Commission of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion thereof, where it determines by two-thirds vote that an open meeting would be likely to: 1. Relate solely to the Interstate Commissions internal personnel practices and procedures; 2. Disclose matters specifically exempted from disclosure by federal and state statute; 3. Disclose trade secrets or commercial or financial information which is privileged or confidential; 4. Involve accusing a person of a crime, or formally censuring a person; 5. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; 6. Disclose investigative records compiled for law enforcement purposes; or 7. Specifically relate to the Interstate Commissions participation in a civil action or other legal proceeding. H. For a meeting, or portion of a meeting, closed pursuant to this provision, the FRIDAY, APRIL 4, 2008 4007 Interstate Commissions legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemptible provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission. I. The Interstate Commission shall collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall, in so far as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules. J. The Interstate Commission shall create a process that permits military officials, education officials and parents to inform the Interstate Commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the Interstate Commission or any member state. ARTICLE X POWERS AND DUTIES OF THE INTERSTATE COMMISSION The Interstate Commission shall have the following powers: A. To provide for dispute resolution among member states. B. To promulgate rules and take all necessary actions to effect the goals, purposes and obligations as enumerated in this compact. The rules shall have the force and effect of statutory law and shall be binding in the compact states to the extent and in the manner provided in this compact. C. To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules and actions. D. To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process. E. To establish and maintain offices which shall be located within one or more of the member states. F. To purchase and maintain insurance and bonds. G. To borrow, accept, hire or contract for services of personnel. H. To establish and appoint committees including, but not limited to, an executive committee as required by Article IX, Section E, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder. 4008 JOURNAL OF THE SENATE I. To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commissions personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel. J. To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it. K. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed. L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed. M. To establish a budget and make expenditures. N. To adopt a seal and bylaws governing the management and operation of the Interstate Commission. O. To report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission. P. To coordinate education, training and public awareness regarding the compact, its implementation and operation for officials and parents involved in such activity. Q. To establish uniform standards for the reporting, collecting and exchanging of data. R. To maintain corporate books and records in accordance with the bylaws. S. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact. T. To provide for the uniform collection and sharing of information between and among member states, schools and military families under this compact. ARTICLE XI ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION A. The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to: 1. Establishing the fiscal year of the Interstate Commission; 2. Establishing an executive committee, and such other committees as may be necessary; 3. Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission; 4. Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting; 5. Establishing the titles and responsibilities of the officers and staff of the Interstate Commission; FRIDAY, APRIL 4, 2008 4009 6. Providing a mechanism for concluding the operations of the Interstate Commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations. 7. Providing "start up" rules for initial administration of the compact. B. The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairpersons absence or disability, the vice-chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the Interstate Commission. C. Executive Committee, Officers and Personnel 1. The executive committee shall have such authority and duties as may be set forth in the bylaws, including but not limited to: a. Managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission; b. Overseeing an organizational structure within, and appropriate procedures for the Interstate Commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and c. Planning, implementing, and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of the Interstate Commission. 3. The executive committee may, subject to the approval of the Interstate Commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation, as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a Member of the Interstate Commission. The executive director shall hire and supervise such other persons as may be authorized by the Interstate Commission. D. The Interstate Commissions executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities; provided, that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person. 1. The liability of the Interstate Commissions executive director and employees or Interstate Commission representatives, acting within the scope of such persons employment or duties for acts, errors, or omissions occurring within such persons state may not exceed the limits of liability set forth under the Constitution and laws 4010 JOURNAL OF THE SENATE of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person. 2. The Interstate Commission shall defend the executive director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person. 3. To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorneys fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons. ARTICLE XII RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION A. Rulemaking Authority -- The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this Compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this Act, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect. B. Rulemaking Procedure -- Rules shall be made pursuant to a rulemaking process that substantially conforms to the "Model State Administrative Procedure Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000) as amended, as may be appropriate to the operations of the Interstate Commission. C. Not later than thirty (30) days after a rule is promulgated, any person may file a petition for judicial review of the rule; provided, that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give FRIDAY, APRIL 4, 2008 4011 deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commissions authority. D. If a majority of the legislatures of the compacting states rejects a Rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state. ARTICLE XIII OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION A. Oversight 1. The executive, legislative and judicial branches of state government in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compacts purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law. 2. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission. 3. The Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, this compact or promulgated rules. B. Default, Technical Assistance, Suspension and Termination -- If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the Interstate Commission shall: 1. Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default. 2. Provide remedial training and specific technical assistance regarding the default. 3. If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default. 4. Suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Interstate Commission to the Governor, the majority and minority leaders of the defaulting states legislature, and 4012 JOURNAL OF THE SENATE each of the member states. 5. The state which has been suspended or terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of suspension or termination including obligations, the performance of which extends beyond the effective date of suspension or termination. 6. The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or which has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state. 7. The defaulting state may appeal the action of the Interstate Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorneys fees. C. Dispute Resolution 1. The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and non-member states. 2. The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. D. Enforcement 1. The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact. 2. The Interstate Commission, may by majority vote of the members, initiate legal action in the United State District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices, to enforce compliance with the provisions of the compact, its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary the prevailing party may be awarded all costs of such litigation including reasonable attorneys fees. 3. The remedies herein shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or the regulation of a profession. ARTICLE XIV FINANCING OF THE INTERSTATE COMMISSION A. The Interstate Commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities. B. The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commissions annual budget as approved each year. The aggregate annual FRIDAY, APRIL 4, 2008 4013 assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states. C. The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state. D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission. ARTICLE XV MEMBER STATES, EFFECTIVE DATE AND AMENDMENT A. Any state is eligible to become a member state. B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than ten (10) of the states. The effective date shall be no earlier than December 1, 2007. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states. C. The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states. ARTICLE XVI WITHDRAWAL AND DISSOLUTION A. Withdrawal 1. Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact specifically repealing the statute, which enacted the compact into law. 2. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until one (1) year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other member jurisdiction. 3. The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact 4014 JOURNAL OF THE SENATE in the withdrawing state. The Interstate Commission shall notify the other member states of the withdrawing states intent to withdraw within sixty (60) days of its receipt thereof. 4. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal. 5. Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission. B. Dissolution of Compact 1. This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one (1) member state. 2. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws. ARTICLE XVII SEVERABILITY AND CONSTRUCTION A. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable. B. The provisions of this compact shall be liberally construed to effectuate its purposes. C. Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members. ARTICLE XVIII BINDING EFFECT OF COMPACT AND OTHER LAWS A. Other Laws 1. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact. 2. All member states laws conflicting with this compact are superseded to the extent of the conflict. B. Binding Effect of the Compact 1. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states. 2. All agreements between the Interstate Commission and the member states are binding in accordance with their terms. 3. In the event any provision of this compact exceeds the constitutional limits FRIDAY, APRIL 4, 2008 4015 imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.'" SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Harbison of the 15th moved that the Senate adopt the Conference Committee Report on SB 345. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the motion, the yeas were 55, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 345. Senator Chance of the 16th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 379. By Senators Johnson of the 1st, Hooks of the 14th, Meyer von Bremen of the 12th, Pearson of the 51st, Smith of the 52nd and others: A BILL to be entitled an Act to amend Chapter 5 of Title 46 of the Official 4016 JOURNAL OF THE SENATE Code of Georgia Annotated, relating to telephone and telegraph service, so as to prohibit the use of automatic dialing and recorded message equipment; to provide for certain exceptions; to provide for definitions; to provide requirements for disclosure of information by live operators; to provide for the time of day during which automatic dialing and recorded message equipment may be used; to provide for the issuance of permits for connecting any automatic dialing and recorded message equipment; to provide for the suspension and revocation of such permits; to provide for penalties; to provide identification requirements for any person or entity making a telephone solicitation; 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 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to provide for the comprehensive revision of provisions relating to local government franchising authority; to change certain provisions relating to the power of eminent domain by telegraph and telephone companies, the placement of posts and other fixtures, regulation of construction of fixtures, posts, and wires near railroad tracks, and liability of telegraph and telephone companies; to provide for definitions, procedures, conditions, and limitations relating thereto; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by revising Code Section 46-5-1, relating to the power of eminent domain by telephone and telegraph companies, the placement of posts and other fixtures, regulation of construction of fixtures, posts, and wires near railroad tracks, and liability of telegraph and telephone companies for damages, as follows: "46-5-1. (a)(1) Any telegraph or telephone company chartered by the laws of this or any other state shall have the right to construct, maintain, and operate its lines and facilities upon, under, along, and over the public roads and highways and rights of way of this state, with the approval of the county or municipal authorities in charge of such roads, highways, and rights of way. The approval of such municipal authorities shall be limited to the process set forth in paragraph (3) of subsection (b) of this Code section, and the approval of the county shall be limited to the permitting process set forth in subsection (c) of this Code section. Upon making due compensation, as defined for municipal authorities in paragraph (9) of subsection (b) of this Code section and as FRIDAY, APRIL 4, 2008 4017 provided for counties in subsection (c) of this Code section, a telegraph or telephone company shall have the right to construct, maintain, and operate its lines through or over any lands of this state; on, along, and upon the right of way and structures of any railroads; and, where necessary, under or over any private lands; and, to that end, a telegraph or telephone company may have and exercise the right of eminent domain. (2) Notwithstanding any other law, a municipal authority or county shall not: (A) Require any telegraph or telephone company to apply for or enter into an individual license, franchise, or other agreement with such municipal authority or county; or (B) Impose any occupational license tax or fee as a condition of placing or maintaining lines and facilities in its public roads and highways or rights of way, except as specifically set forth in this Code Section. (3) A county or municipal authority shall not impose any occupational license, tax, fee, regulation, obligation, or requirement upon the provision of the services described in paragraphs (1) and (2) of Code Section 46-5-221, including any occupational license, tax, fee, regulation, obligation, or requirement specifically set forth in any part of this chapter other than Part 4. (b)(4) Whenever a telegraph or telephone company exercises its powers under paragraph (1) of this subsection, under subsection (a) of this Code section, the posts, arms, insulators, and other fixtures of its lines must shall be erected, placed, and maintained so as not to obstruct or interfere with the ordinary use of such railroads or public roads and highways, or with the convenience of any landowners, more than may be unavoidable. Any lines constructed by a telegraph or telephone company on the right of way of any railroad company shall be subject to relocation so as to conform to any uses and needs of the such railroad company for railroad purposes. Such fixtures, posts, and wires shall be erected at such distances from the tracks of said railroads as will prevent any and all damage to said railroad companies by the falling of said fixtures, posts, or wires upon said railroad tracks; and such telegraph or telephone companies shall be liable to said railroad companies for all damages resulting from a failure to comply with this Code section. (5) No county or municipal authority shall impose upon a telegraph or telephone company any build-out requirements on network construction or service deployment, and, to the extent that a telegraph or telephone company has elected alternative regulation pursuant to Code Section 46-5-165, such company may satisfy its obligations pursuant to paragraph (2) of Code Section 46-5-169 by providing communications service, at the companys option, through any affiliated companies and through the use of any technology or service arrangement; provided, however, that such company shall remain subject to its obligations as set forth in paragraphs (4) and (5) of Code Section 46-5-169. (b)(1) Except as set forth in paragraph (6) of this subsection, any telegraph or telephone company that places or seeks to place lines and facilities in the public roads and highways or rights of way of a municipal authority shall provide to such municipal authority the following information: 4018 JOURNAL OF THE SENATE (A) The name, address, and telephone number of a principal office and local agent of such telegraph or telephone company; (B) Proof of certification from the Georgia Public Service Commission of such telegraph or telephone company to provide telecommunications services in this state; (C) Proof of insurance or self-insurance of such telegraph or telephone company adequate to defend and cover claims of third parties and of municipal authorities; (D) A description of the telegraph or telephone companys service area, which description shall be sufficiently detailed so as to allow a municipal authority to respond to subscriber inquiries. For the purposes of this paragraph, a telegraph or telephone company may, in lieu of or as supplement to a written description, provide a map on 8 1/2 by 11 inch paper that is clear and legible and that fairly depicts the service area within the boundaries of the municipal authority. If such service area is less than the boundaries of an entire municipal authority, the map shall describe the boundaries of the geographic area to be served in clear and concise terms; (E) A description of the services to be provided; (F) An affirmative declaration that the telegraph or telephone company shall comply with all applicable federal, state, and local laws and regulations, including municipal ordinances and regulations, regarding the placement and maintenance of facilities in the public rights of way that are reasonable, nondiscriminatory, and applicable to all users of the public rights of way, including the requirements of Chapter 9 of Title 25, the 'Georgia Utility Facility Protection Act'; and (G) A statement in bold type at the top of the application as follows: 'Pursuant to paragraph (2) of subsection (b) of Code Section 46-5-1 of the Official Code of Georgia Annotated, the municipal authority shall notify the applicant of any deficiencies in this application within 15 business days of receipt of this application.' (2) If an application is incomplete, the municipal authority shall notify the telegraph or telephone company within 15 business days of the receipt of such application; such notice shall specifically identify all application deficiencies. If no such notification is given within 15 business days of the receipt of an application, such application shall be deemed complete. (3) Within 60 calendar days of the receipt of a completed application, the municipal authority may adopt such application by adoption of a resolution or ordinance or by notification to the telegraph or telephone company. The failure of a municipal authority to adopt an application within 60 calendar days of the receipt of a completed application shall constitute final adoption of such application. (4) If it modifies its service area or provisioned services identified in the original application, the telegraph or telephone company shall notify the municipal authority of changes to the service area or the services provided. Such notice shall be given at least 20 days prior to the effective date of such change. Such notification shall contain a geographic description of the new service area or areas and new services to be FRIDAY, APRIL 4, 2008 4019 provided within the jurisdiction of the affected municipal authority, if any. The municipal authority shall provide to all telegraph and telephone companies located in its rights of way written notice of annexations and changes in municipal corporate boundaries which, for the purposes of this Code section, shall become effective 30 days following receipt. (5) An application adopted pursuant to this Code section may be terminated by a telegraph or telephone company by submitting a notice of termination to the affected municipal authority. For purposes of this Code section, such notice shall identify the telegraph or telephone company, the affected service area, and the effective date of such termination, which shall not be less than 60 calendar days from the date of filing the notice of termination. (6) Any telegraph or telephone company that has previously obtained permits for the placement of its facilities, has specified the name of such telegraph or telephone company in such permit application, has previously placed its facilities in any public right of way, and has paid and continues to pay any applicable municipal authoritys occupational license taxes, permit fees, franchise fees, except as set forth in paragraph (8) of this subsection, or, if applicable, county permit fees shall be deemed to have complied with this Code section without any further action on the part of such telegraph or telephone company except as set forth in paragraphs (8), (9), (11), and (17) of this subsection. (7) Any telegraph or telephone company that has placed lines and facilities in the public roads and highways or rights of way of a municipal authority without first obtaining permits or otherwise notifying the appropriate municipal authority of its presence in the public roads and highways or rights of way shall provide the information required by paragraph (1) of this subsection, if applicable, to such municipal authority on or before October 1, 2008. As of October 1, 2008, if any telegraph or telephone company, other than those who meet the requirements of paragraph (6) of this subsection, has failed or fails to provide the information required by paragraph (1) of this subsection to the municipal authority in which its lines or facilities are located, such municipal authority shall provide written notice to such telegraph or telephone company giving that company 15 calendar days from the date of receipt of such notice to comply with subsection (b) of this Code section. In the event the 15 calendar day cure period expires without compliance, such municipal authority may petition the Georgia Public Service Commission which shall, after an opportunity for a hearing, order the appropriate relief. (8)(A) In the event any telegraph or telephone company has an existing, valid municipal franchise agreement as of January 1, 2008, the terms and conditions of such existing franchise agreement shall only remain effective and enforceable until the expiration of the existing agreement or December 31, 2012, whichever shall first occur. (B) In the event any telegraph or telephone company is paying an existing occupational license tax or fee, based on actual recurring local services revenues, as of January 1, 2008, such payment shall be considered the payment of due 4020 JOURNAL OF THE SENATE compensation without further action on the part of the municipal authority. In the event that the rate of such existing tax or fee exceeds 3 percent of actual recurring local service revenues, that rate shall remain effective until December 31, 2012; thereafter, the payment by such telegraph or telephone company at the rate of 3 percent shall be considered the payment of due compensation without further action on the part of the municipal authority. (9) As used in this Code section, 'due compensation' for a municipal authority means an amount equal to no more than 3 percent of actual recurring local service revenues received by such company from its retail, end user customers located within the boundaries of such municipal authority. 'Actual recurring local service revenues' means those revenues customarily included in the Uniform System of Accounts as prescribed by the Federal Communications Commission for Class 'A' and 'B' companies; provided, however, that only the local service portion of the following accounts shall be included: (A) Basic local service revenue, as defined in 47 C.F.R. 32.5000; (B) Basic area revenue, as defined in 47 C.F.R. 32.5001; (C) Optional extended area revenue, as defined in 47 C.F.R. 32.5002; (D) Public telephone revenue, as defined in 47 C.F.R. 32.5010; (E) Local private line revenue, as defined in 47 C.F.R. 35.5040; provided, however, that the portion of such accounts attributable to audio and video program transmission service where both terminals of the private line are within the corporate limits of the municipal authority shall not be included; (F) Other local exchange revenue, as defined in 47 C.F.R. 32.5060; (G) Local exchange service, as defined in 47 C.F.R. 32.5069; (H) Network access revenue, as defined in 47 C.F.R. 32.5080; (I) Directory revenue, as defined in 47 C.F.R. 32.5320; provided, however, that the portion of such accounts attributable to revenue derived from listings in portion of directories not considered white pages shall not be included; (J) Nonregulated operating revenue, as defined in 47 C.F.R. 32.5280; provided, however, that the portion of such accounts attributable to revenues derived from private lines shall not be included; and (K) Uncollectible revenue, as defined in 47 C.F.R. 32.5300. Any charge imposed by a municipal authority shall be assessed in a nondiscriminatory and competitively neutral manner. (10) Any due compensation paid to municipal authorities pursuant to paragraph (9) of this subsection shall be in lieu of any other permit fee, encroachment fee, degradation fee, disruption fee, business license tax, occupational license tax, occupational license fee, or other fee otherwise permitted pursuant to the provisions of subparagraph (A) of paragraph (7) of Code Section 36-34-2 or Code Section 32-4-92 et seq. or any other provision of law regardless of nomenclature. (11) A telegraph or telephone company with facilities in the public rights of way of a municipal authority shall begin assessing due compensation, as defined in paragraph (a) of this subsection, on subscribers on the date that service commences unless such FRIDAY, APRIL 4, 2008 4021 company is currently paying a municipal authoritys occupational license tax. Such due compensation shall be paid directly to each affected municipal authority within 30 calendar days after the last day of each calendar quarter. In the event that due compensation is not paid on or before 30 calendar days after the last day of each calendar quarter, the affected municipal authority shall provide written notice to such telegraph or telephone company, giving such company 15 calendar days from the date such company receives such notice to cure any such nonpayment. In the event the due compensation remitted to the affected municipal authority is not postmarked on or before the expiration of the 15 day cure period, such company shall pay interest thereon at a rate of 1 percent per month to the affected municipal authority. If the 15 day cure period expires on a Saturday, a Sunday, or a state legal holiday, the due date shall be the next business day. A telegraph or telephone company shall not be assessed any interest on late payments if due compensation was submitted in error to a neighboring municipal authority. (12) Each municipal authority may, no more than once annually, audit the business records of a telegraph or telephone company to the extent necessary to ensure payment in accordance with this Code section. As used in this Code section, 'audit' means a comprehensive review of the records of a company which is reasonably related to the calculation and payment of due compensation. Once any audited period of a company has been the subject of a requested audit, such audited period of such company shall not again be the subject of any audit. In the event of a dispute concerning the amount of due compensation due to an affected municipal authority under this Code section, an action may be brought in a court of competent jurisdiction by an affected municipal authority seeking to recover an additional amount alleged to be due or by a company seeking a refund of an alleged overpayment; provided, however, that any such action shall be brought within three years following the end of the quarter to which the disputed amount relates, although such time period may be extended by written agreement between the company and such affected municipal authority. Each party shall bear the partys own costs incurred in connection with any dispute. The auditing municipal authority shall bear the cost of the audit; provided, however, that if an affected municipal authority files an action to recover alleged underpayments of due compensation and a court of competent jurisdiction determines the company has underpaid due compensation due for any 12 month period by 10 percent or more, such company shall be required to pay such municipal authoritys reasonable costs associated with such audit along with any due compensation underpayments; provided, further, that late payments shall not apply. All undisputed amounts due to a municipal authority resulting from an audit shall be paid to the municipal authority within 45 days, or interest shall accrue. (13) The information provided pursuant to paragraph (1) of this subsection and any records or information furnished or disclosed by a telegraph or telephone company to an affected municipal authority pursuant to paragraph (12) of this subsection shall be exempt from public inspection under Code Section 50-18-70. It shall be the duty of such telegraph or telephone company to mark all such documents as exempt from 4022 JOURNAL OF THE SENATE Code Section 50-18-70, et seq., and the telegraph or telephone company shall defend, indemnify, and hold harmless any municipal authority and any municipal officer or employee in any request for, or in any action seeking, access to such records. (14) No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim an affected municipal authority may have for further or additional sums payable as due compensation. (15) Any amounts overpaid by a company as due compensation shall be deducted from future due compensation owed. (16) A telegraph or telephone company paying due compensation pursuant to this Code section may designate that portion of a subscribers bill attributable to such charge as a separate line item of the bill and recover such amount from the subscriber. (17) Nothing in this Code section shall affect the authority of a municipal authority to require telegraph or telephone companies accessing the public roads and highways and rights of way of a municipal authority to obtain permits and otherwise comply with the reasonable regulations established pursuant to paragraph (10) of subsection (a) of Code Section 32-4-92. (18) If a telegraph or telephone company does not have retail, end user customers located within the boundaries of a municipal authority, then the payment by such company at the same rates that such payments were being made as of January 1, 2008, to a municipal authority for the use of its rights of way shall be considered the payment of due compensation; provided, however, that at the expiration date of any existing agreement for use of such municipal rights of way or December 31, 2012, whichever is earlier, the payment at rates in accordance with the rates set by regulations promulgated by the Department of Transportation shall be considered the payment of due compensation. Provided, further, that if a telegraph or telephone company begins providing service after January 1, 2008, and such telegraph or telephone company does not have retail, end user customers located within the boundaries of a municipal authority, the payment by such company at rates in accordance with the rates set by regulations promulgated by the Department of Transportation to a municipal authority for the use of its rights of way shall be considered the payment of due compensation. (19) Nothing in this Code section shall be construed to affect any franchise fee payments which were in dispute on or before January 1, 2008. (c) If a telegraph or telephone company accesses the public roads and highways and rights of way of a county and such county requires such telegraph or telephone company to pay due compensation, such due compensation shall be limited to an administrative cost recoupment fee which shall not exceed such countys direct, actual costs incurred in its permitting process, including issuing and processing permits, plan reviews, physical inspection and direct administrative costs; and such costs shall be demonstrable and shall be equitable among applicable users of such countys roads and highways or rights of way. Permit fees shall not include the costs of highway or rights of way acquisition or any general administrative, management, or maintenance costs of the roads and highways or rights of way and shall not be imposed for any activity that FRIDAY, APRIL 4, 2008 4023 does not require the physical disturbance of such public roads and highways or rights of way or does not impair access to or full use of such public roads and highways or rights of way. Nothing in this Code section shall affect the authority of a county to require a telegraph or telephone company to comply with reasonable regulations for construction of telephone lines and facilities in public highways or rights of way pursuant to the provisions of paragraph (6) of Code Section 32-4-42." SECTION 2. 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 379. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour N Brown Y Bulloch Y Butler Y Carter C Chance Y Chapman Y Cowsert Y Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Stoner Y Tarver N Tate Y Thomas,D N Thomas,R Thompson,C Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the motion, the yeas were 45, nays 4; the motion prevailed, and the Senate agreed to the House substitute to SB 379. The following bill was taken up to consider House action thereto: SB 480. By Senators Williams of the 19th, Fort of the 39th, Tate of the 38th and Reed of the 35th: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the 4024 JOURNAL OF THE SENATE Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to change certain definitions; 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 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to change certain definitions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, is amended by revising subparagraph (A) of paragraph (2) of Code Section 20-3-411, relating to definitions relative to tuition equalization grants at private colleges and universities, as follows: "(A) A nonproprietary institution of higher education located in this state which is not a branch of the university system; which is accredited by the Southern Association of Colleges and Schools; which is not a graduate level school or college of theology or divinity; and which is not presently receiving state funds under Article 4 of this chapter; provided, however, that an institution which otherwise meets the requirements of this definition and of this subpart except for the lack of accreditation by the Southern Association of Colleges and Schools shall be deemed to be an 'approved school' during the period that the institution holds candidate for accreditation status with the Southern Association of Colleges and Schools; provided, further, that an institution which was previously accredited by the Southern Association of Colleges and Schools within the last seven years and which otherwise meets the requirements of this definition and of this subpart except for the lack of accreditation by the Southern Association of Colleges and Schools shall be deemed to be an 'approved school';" SECTION 2. Said article is further amended by revising paragraph (6) of Code Section 20-3-519, relating to definitions relative to HOPE scholarships and grants, as follows: "(6) 'Eligible high school', until December 31, 2010, means a public or private secondary school which is: (A) Located in Georgia and is currently or within the last two years has been accredited as such by: (i) The Southern Association of Colleges and Schools; FRIDAY, APRIL 4, 2008 4025 (ii) The Georgia Accrediting Commission; (iii) The Georgia Association of Christian Schools; (iv) The Association of Christian Schools International; (v) The Georgia Private School Accreditation Council; or (vi) The Accrediting Commission for Independent Study; or (vii) The Southern Association of Independent Schools; or (B) Located in another state and accredited by one of the following regional agencies: (i) The Southern Association of Colleges and Schools; (ii) The New England Association of Schools and Colleges; (iii) The Middle States Association of Colleges and Schools; (iv) The North Central Association of Colleges and Schools; (v) The Northwestern Association of Schools and Colleges; (vi) The Western Association of Schools and Colleges; (vii) The Alabama Independent School Association; or (viii) The Southern Association of Independent Schools. On and after January 1, 2011, 'eligible high school' means a public or private secondary school which is: (A) Located in Georgia and accredited as such by: (i) The Southern Association of Colleges and Schools; (ii) The Georgia Accrediting Commission; (iii) The Georgia Association of Christian Schools; (iv) The Association of Christian Schools International; (v) The Georgia Private School Accreditation Council; (vi) The Accrediting Commission for Independent Study; or (vii) The Southern Association of Independent Schools; or (B) Located in another state and accredited by one of the following regional agencies: (i) The Southern Association of Colleges and Schools; (ii) The New England Association of Schools and Colleges; (iii) The Middle States Association of Colleges and Schools; (iv) The North Central Association of Colleges and Schools; (v) The Northwestern Association of Schools and Colleges; (vi) The Western Association of Schools and Colleges; (vii) The Alabama Independent School Association; or (viii) The Southern Association of Independent Schools." 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 480. 4026 JOURNAL OF THE SENATE On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Brown Y Bulloch Y Butler Y Carter C Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 480. Senator Pearson of the 51st was excused for business outside the Senate Chamber. The following bill was taken up to consider the Conference Committee Report thereto: HB 68. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to applicability of the Coastal Marshlands Protection Act, so as to provide an exemption for a single private dock built by the owners of two or three adjoining lots; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on HB 68 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 68 be adopted. FRIDAY, APRIL 4, 2008 4027 Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Williams of the 19th /s/ Senator Johnson of the 1st /s/ Senator Tolleson of the 20th /s/ Representative Barnard of the 166th /s/ Representative Stephens of the 164th /s/ Representative Lane of the 167th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 68 A BILL TO BE ENTITLED AN ACT To amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to change certain provisions relating to applicability of the Coastal Marshlands Protection Act; to provide for maintenance of certain exempted docks; to provide an exemption for a single private dock built by the owners of certain adjoining lots; to change certain provisions relating to automatic repeal of the Georgia Coastal Management Act; 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 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, is amended in Code Section 12-5-295, relating to applicability of the Coastal Marshlands Protection Act, by revising paragraph (7) and adding a new paragraph as follows: "(7) The building of a private dock exclusively for the noncommercial use of the owner or his or her invitees and constructed on pilings, the walkways of which are above the marsh grass not obstructing tidal flow, by: (A) The owner of a lot on which a detached single-family residence is located on high land adjoining such dock; or (B) The owner of a lot having at least 50 front feet of land abutting the marshlands which contains high land suitable for the construction of a detached single-family residence and where the construction of such a residence is not prohibited. The lot owner shall and is authorized to maintain the structure in good condition and repair the same as necessary, and the use of repair or replacement materials comparable in quality to the original authorized materials shall be sufficient for such purposes; or (7.1) The building of a single private dock by the owners of up to four adjoining lots, each of which is riparian and would qualify for an exemption as provided in 4028 JOURNAL OF THE SENATE paragraph (7) of this Code section, for the exclusive noncommercial use of such owners or their invitees and constructed as a single walkway on pilings above the marsh grass not obstructing tidal flow and in a size to be determined by the department taking into consideration the number of adjoining lots utilizing the dock; provided, however, that the exemption provided by this paragraph shall apply only if each of the owners of such adjoining lots has entered into a binding covenant that runs with the land, in favor of the state, which covenant prohibits the building of any future private dock on his or her lot unless the dock exempted pursuant to this paragraph is removed or converted to a single-family private dock which would qualify for an exemption as provided in paragraph (7) of this Code section. The granting of the exemption provided by this paragraph shall be the states consideration for the covenant of each such lot owner. The lot owners shall and are authorized to maintain the structure in good condition and repair the same as necessary, and the use of repair or replacement materials comparable in quality to the original authorized materials shall be sufficient for such purposes; or" SECTION 2. Said article is further amended by revising Code Section 12-5-329, relating to automatic repeal of the Georgia Coastal Management Act, as follows: "12-5-329. Unless reestablished or continued by the General Assembly, this part shall stand repealed in its entirety on July 1, 2009 Reserved." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Williams of the 19th moved that the Senate adopted the Conference Committee Report on HB 68. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown Y Bulloch Y Butler Y Carter C Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Heath Y Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Tate Y Thomas,D Y Thomas,R Y Thompson,C FRIDAY, APRIL 4, 2008 4029 Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Murphy Y Orrock E Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the motion, the yeas were 49, nays 1; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 68. The following messages were 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 153. By Senator Hill of the 32nd: 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 for the development of consumer driven health insurance plans by the Commissioner of Insurance; to allow such plans to include wellness and health promotion programs; to provide that such programs shall not be considered unfair trade practices; to provide for related matters; 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 Bills of the House: HB 239. By Representatives Lane of the 158th, Jerguson of the 22nd and Burns of the 157th: A BILL to be entitled an Act to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, so as to change certain provisions relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to provide an effective date; to repeal conflicting laws; and for other purposes. 4030 JOURNAL OF THE SENATE HB 864. By Representative Knox of the 24th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to remove a participation requirement before the extension of group life policy coverage to dependents of employees or members; to provide cash surrender values of annuities are exempt from claims of creditors; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 950. By Representatives Powell of the 29th, Benton of the 31st, England of the 108th, Jamieson of the 28th, Cox of the 102nd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for registration and licensing of assembled motor vehicles and motorcycles; to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the issuance of certificates of title to owners of assembled motor vehicles and motorcycles; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Johnson of the 1st Rogers of the 21st 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 following bill was taken up to consider House action thereto: HB 470. By Representatives Parrish of the 156th, Rice of the 51st, Parham of the 141st and Powell of the 29th: A BILL to be entitled an Act to repeal Article 28 of Chapter 1 of Title 10 of the O.C.G.A., relating to motor vehicle warranty rights; to enact a new Article 28 of Chapter 1 of Title 10 to be known as the "Georgia Lemon Law"; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for documents and information to be provided to consumers; to provide for a duty of the manufacturer to repair and correct nonconformities; to provide for replacement or repurchase of nonconforming vehicles; to provide for an informal dispute settlement mechanism; to provide for arbitration; to provide for an appeal of the arbitration decision; to require exhaustion of FRIDAY, APRIL 4, 2008 4031 remedies by the consumer; to provide for a new motor vehicle arbitration panel; to provide for resale of a nonconforming vehicle; to provide for collection of a consumer fee; to provide for new motor vehicle dealer liability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 470 by inserting after "include" on line 29 on page 3 the following: trucks with more than 12,000 pounds gross vehicle weight rating, Senator Meyer von Bremen of the 12th moved that the Senate agree to the House amendment to the Senate substitute to HB 470. 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 Carter C Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Murphy Y Orrock E Pearson Y Powell Y Ramsey Y Reed E Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 470. Senator Shafer of the 48th was excused for business outside the Senate Chamber. 4032 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: SB 508. By Senators Meyer von Bremen of the 12th, Harp of the 29th, Adelman of the 42nd and Weber of the 40th: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 10, Chapter 9 of Title 15, Title 29, and Title 53 of the Official Code of Georgia Annotated, relating to the relations between principal and agent, probate courts, guardian and ward, and wills, trusts, and administration of estates, respectively, so as to update and change provisions affecting the probate courts; to update a reference to a conservator involving incompetency or incapacity of a principal on a power of attorney; to change references relating to the power to cite absconding fiduciaries; to change provisions relating to place and time for holding court; to provide for quarterly terms of court rather than monthly; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 6 of Title 10, Chapter 9 of Title 15, Title 29, and Title 53 of the Official Code of Georgia Annotated, relating to the relations between principal and agent, probate courts, guardian and ward, and wills, trusts, and administration of estates, respectively, so as to update and change provisions affecting the probate courts; to update a reference to a conservator involving incompetency or incapacity of a principal on a power of attorney; to change references relating to the power to cite absconding fiduciaries; to change provisions relating to place and time for holding court; to provide for quarterly terms of court rather than monthly; to change provisions relating to the composition of the Probate Judges Training Council, the terms of councilmembers, and vacancies; to provide for definitions; to provide for additional concurrent jurisdiction with superior courts; to change certain provisions relating to compromise of a claim involving a gross settlement; to change provisions relating to sealing of records; to provide for recordation of certain information relating to real property when no administration is necessary; to eliminate years support as a bar for probate of a will after five years; 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 6 of Title 10 of the Official Code of Georgia Annotated, relating to the relations between principal and agent, is amended by revising Code Section 10-6-36, FRIDAY, APRIL 4, 2008 4033 relating to revocation of agency and the effect of incompetency or incapacity of principal on a power of attorney, as follows: "10-6-36. A written power of attorney, unless expressly providing otherwise, shall not be terminated by the incompetency or incapacity of the principal. The power to act as an attorney in fact for a principal who subsequently becomes incompetent or incapacitated shall remain in force until such time as a guardian of the property conservator or receiver shall be appointed for the principal or until some other judicial proceeding shall terminate the power." SECTION 2. Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by revising Code Section 15-9-35, relating to the power to cite absconding fiduciaries, as follows: "15-9-35. (a) Where any guardian, administrator, executor conservator, personal representative, surety on their bonds, or other person removes himself or herself beyond the limits of this state or absconds or conceals himself or herself, the judge of the probate court shall have the power to cite such guardian, administrator, executor conservator, personal representative, surety, or other person to appear before him the judge relative to the performance of his or her duties or any other matter related to the probate court pertaining to such person. Service may be had upon the guardian, administrator, executor conservator, personal representative, surety, or other person by publication in the manner prescribed in subsection (b) of this Code section. (b) The judge of the probate court shall cause to be published his the judges order calling upon a person described in subsection (a) of this Code section to appear, in the newspaper of his the county in which sheriffs advertisements are published, once a week for four weeks immediately preceding the court day on which the person is cited to appear. The published order shall be directed to the guardian, administrator, executor conservator, personal representative, surety, or other person, shall set the date and time on which the matter in question will be heard, shall indicate all matters to be passed upon at such time, and shall be signed by the judge of the probate court in his the judges official capacity. Where the address of the guardian, administrator, executor conservator, personal representative, surety, or other person is known, a copy of the published order, as published, shall be mailed to the party named in the order. The judge of the probate court shall make an entry of his or her actions upon the minutes of the court." SECTION 3. Said chapter is further amended by revising Code Section 15-9-82, relating to place and time for holding court, as follows: "15-9-82. The probate court shall be held at the place prescribed for the superior court or in the 4034 JOURNAL OF THE SENATE office of the judge of the probate court in each county, by the judge thereof, on the first Monday in each month January, April, July, and October and shall continue in session from day to day as the business of the court may require. If the first Monday in a given month term should happen to fall on a legal holiday, the probate courts throughout this state shall convene on the following day." SECTION 4. Said chapter is further amended by revising Code Section 15-9-102, relating to the composition of the Probate Judges Training Council, terms of office, and vacancies, as follows: "15-9-102. (a) As used in this Code section, the term: (1) 'District' means an area of this state containing one or more counties which is designated and numbered as a district by The Council of Probate Court Judges of Georgia. (2) 'Training council' means the Probate Judges Training Council. The training council shall be composed as follows: three members from the state at large elected by the probate judges at the annual spring business meeting of The Council of Probate Court Judges of Georgia for three-year staggered terms and one member from each judicial administrative district who shall be a judge of the probate court and elected by the judges of the probate courts within the district immediately prior to the annual spring business meeting of The Council of Probate Court Judges of Georgia for a four-year term; provided, however, that the initial members elected from judicial administrative districts 1, 2, and 3 shall serve for two-year terms and the initial members elected from judicial administrative districts 4, 5, and 6 shall serve for threeyear terms; provided, further, that, beginning in the spring of 1989, in order to stagger the terms, the initial term of one state-at-large member shall be one year, one shall be two years, and one shall be three years. (b) The training council shall consist of one member from each district as elected by the judges of the probate courts within such district. Such elections shall occur prior to the annual spring business meeting of The Council of Probate Court Judges of Georgia. Training council members shall serve four-year terms; provided, however, that members from odd-numbered districts shall serve an initial term of two years and members from even-numbered districts shall serve an initial term of four years. All members may succeed themselves except for the three state-at-large members. Successors, and successors shall be elected in the same manner as the original members immediately prior to the expiration of each members term of office. The president of The Council of Probate Court Judges of Georgia if not a district or at-large member of the training council shall be a voting member of the training council ex officio. (b)(c) In the event a vacancy occurs in the membership of the training council as a result of a death, resignation, removal, or failure of reelection as a probate judge, the remaining members of the training council district in which such vacancy has occurred shall elect a qualified person from the district to serve for the remainder of the FRIDAY, APRIL 4, 2008 4035 unexpired term of the member whose seat is vacant. The person elected to fill such vacancy shall take office immediately upon election." SECTION 5. Said chapter is further amended by revising Code Section 15-9-127, relating to additional concurrent jurisdiction with superior courts, as follows: "15-9-127. Probate courts subject to this article shall have concurrent jurisdiction with superior courts with regard to the proceedings for: (1) Declaratory judgments involving fiduciaries pursuant to Code Sections 9-4-4, 94-5, and 9-4-6; (2) Tax motivated estate planning dispositions of wards property pursuant to Code Sections 29-3-36 and 29-5-36; (3) Approval of settlement agreements pursuant to Code Section 53-3-22 of the 'Pre1998 Probate Code,' if applicable, or Code Section 53-5-25 of the 'Revised Probate Code of 1998'; (4) Appointment of new trustee to replace trustee pursuant to Code Section 53-12170; (5) Acceptance of the resignation of a trustee upon written request of the beneficiaries pursuant to Code Section 53-12-175; (6) Acceptance of resignation of a trustee upon petition of the trustee pursuant to Code Section 53-12-175; (7) Motions seeking an order for disinterment and deoxyribonucleic acid (DNA) testing as provided in Code Section 53-2-27; and (8) Conversion to a unitrust and related matters pursuant to Code Section 53-12-221; and (9) Adjudication of petitions for direction or construction of a will pursuant to Code Section 23-2-92." SECTION 6. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by revising subsection (h) of Code Section 29-3-3, relating to defining gross settlement, compromise of a claim, and finality of settlement, as follows: "(h) If an order of approval is obtained from the court, or a court in which the action is pending, based upon the best interest of the minor, the natural guardian or conservator is shall be 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, not to exceed a total distribution of $15,000.00 prior to a minor reaching the age of majority, 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." 4036 JOURNAL OF THE SENATE SECTION 7. Said title is further amended by revising Code Section 29-9-18, relating to sealing of records on conservatorships and guardianships, as follows: "29-9-18. (a) All of the records relating to any minor or adult guardianship or conservatorship that is granted under this title shall be kept sealed, except for a record of the names and addresses of the minor, ward, and guardian or conservator and their legal counsel of record and the date of filing, granting, and terminating the guardianship or conservatorship. The sealed records may be examined by the ward and the wards legal counsel and by, the minor, the minors parents, and the minors legal counsel, the guardian or conservator and the guardian or conservators legal counsel, and any surety for the conservator and legal counsel for the surety at any time. (b) A request by other interested parties to examine the sealed records shall be by petition to the court and the ward and guardian or conservator shall have at least 30 days prior written notice of a hearing on the petition; provided, however, that for good cause shown to the court, the court may shorten such notice period or grant the petition without notice. The matter shall come before the court in chambers. The order allowing access shall be granted upon a finding that the public interest in granting access to the sealed records clearly outweighs the harm otherwise resulting to the privacy of the person in interest, and the court shall limit the portion of the file to which access is granted to that which is required to meet the legitimate needs of the petitioner." SECTION 8. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and estates, is amended by revising Code Section 53-2-40, relating to the petition when an individual dies intestate and no administration is necessary, as follows: "53-2-40. (a) When an individual has died intestate and there has been no personal representative appointed in this state, any heir of the decedent may file a petition praying for an order that no administration is necessary. The petition shall be filed in the probate court of the county of the domicile of the decedent, if the decedent was domiciled in this state, or in the county in which real property is located, if the decedent was not domiciled in this state. (b) The petition shall show: the name and domicile of the decedent; the names, ages or majority status, and domicile of the heirs of the decedent; a description of the property in this state owned by the decedent; that the estate owes no debts or that there are known debts and all creditors have consented or will be served as provided in Chapter 11 of this title; and that the heirs have agreed upon a division of the estate among themselves. The agreement containing original signatures of all the heirs, attested to by a clerk of the probate court or a notary public, shall be attached to the petition. Property subject to an outstanding security deed or agreement may be subject to this proceeding only if the holder of the security deed consents or is served and makes no objection. (c) The personal representative of a deceased heir is authorized to agree to the division FRIDAY, APRIL 4, 2008 4037 on behalf of that heir. (d) In any case involving the approval of a petition for an order that no administration is necessary, where there is an interest in real property, the court shall file, within 30 days of granting such petition, a certified copy of the order granting the petition that no administration is necessary in each county in this state in which the deceased owned real property, to be recorded in the deed records of the county and indexed under the name of the deceased in the grantor index. Such order shall be accompanied by the same fee for filing deeds with the clerk of the superior court. The filing fee and any fee for the recording of such order shall be taxed as costs to the estate. The certified copy of the order granting the petition that no administration is necessary shall set forth: (1) The date of the order granting such petition; (2) The name and address of the deceased; (3) The interest in the property acquired by each party; and (4) The name and address of all parties that take title to the real property pursuant to the order issued by the court." SECTION 9. Said title is further amended by revising Code Section 53-5-3, relating to time limitation, as follows: "53-5-3. A will shall not be offered for probate following the expiration of five years from the latest date on which a petition is filed for: (1) The appointment of a personal representative of the decedents estate; (2) An order granting years support from the decedents estate; or (3) An order that no administration is necessary on the decedents estate; provided, however, that the will of a testator who died prior to January 1, 1998, may be offered for probate at least until December 31, 2002." SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Senator Meyer von Bremen of the 12th moved that the Senate agree to the House substitute to SB 508. 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 Carter Y Chance Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Schaefer Y Seabaugh Y Seay E Shafer,D Y Smith Y Staton Y Stoner 4038 JOURNAL OF THE SENATE Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp Y Hawkins Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock E Pearson Y Powell Y Ramsey Y Reed E Rogers Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 508. Senator Goggans of the 7th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: HB 130. By Representatives Hill of the 21st, Mills of the 25th, Meadows of the 5th, England of the 108th and Benton of the 31st: A BILL to be entitled an Act to amend Article 34 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relative to protection from identity theft, so as to provide for security freezes; to provide for definitions; to provide for procedures for placing, removing, and temporarily lifting a security freeze; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate Banking and Financial Institutions Committee substitute to HB 130 by deleting lines 29 through 35 on page 6. By deleting "(r)" and substituting "(q)" in lieu thereof on line 1 on page 7. Senator Hamrick of the 30th moved that the Senate agree to the House amendment to the Senate substitute to HB 130. On the motion, a roll call was taken and the vote was as follows: FRIDAY, APRIL 4, 2008 4039 Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort E Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock E Pearson Y Powell Y Ramsey Y Reed E Rogers Y Schaefer Y Seabaugh Y Seay E Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 130. Senator Meyer von Bremen of the 12th assumed the Chair. Senator Chance of the 16th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 358. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Chapter 5 of Title 10 of the O.C.G.A., relating to securities, by repealing it in its entirety and enacting a new Chapter 5 of Title 10 to be known as the "Georgia Uniform Securities Act of 2008"; to provide for a short title; to provide for definitions; to provide for electronic records and signatures; to provide for exemptions from registration of securities; to provide for registration of securities and notice of filing of federal covered securities; to provide for denial, suspension, or revocation of securities registration; to provide for registration of broker-dealers, agents, investment advisers, investment adviser representatives, and federal covered investment advisers; to amend the O.C.G.A. to change certain references; to provide for applicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 4040 JOURNAL OF THE SENATE The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, by repealing it in its entirety and enacting a new Chapter 5 of Title 10 to be known as the "Georgia Uniform Securities Act of 2008"; to provide for a short title; to provide for definitions; to provide for electronic records and signatures; to provide for exemptions from registration of securities; to provide for registration of securities and notice of filing of federal covered securities; to provide for denial, suspension, or revocation of securities registration; to provide for registration of broker-dealers, agents, investment advisers, investment adviser representatives, and federal covered investment advisers; to provide for termination or transfer of employment of investment advisers; to provide for succession, change, or withdrawal of registration; to provide for filing fees and postregistration requirements; to provide for fraud and liabilities; to provide for prohibited conduct in providing investment advice; to provide for filing of sales and advertising literature; to provide for qualified immunity and civil and criminal penalties; to provide for rescission offers; to provide for administration and judicial review; to provide for investigations and subpoenas; to provide for uniformity and cooperation with other agencies; to provide for jurisdiction and service of process; to amend the Official Code of Georgia Annotated to change certain references; to provide for applicability; 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 10 of the Official Code of Georgia Annotated, relating to securities, is repealed in its entirety and replaced by a new Chapter 5 to read as follows: "CHAPTER 5 ARTICLE 1 10-5-1. This chapter shall be known as and may be cited as the 'Georgia Uniform Securities Act of 2008.' 10-5-2. As used in this chapter, the term: (1) 'Agent' means an individual, other than a broker-dealer, who represents a brokerdealer in effecting or attempting to effect purchases or sales of securities or who represents an issuer in effecting or attempting to effect purchases or sales of the FRIDAY, APRIL 4, 2008 4041 issuers securities. A partner, officer, or director of a broker-dealer or issuer or an individual having a similar status or performing similar functions may be an agent if the individual performs the duties of an agent. This term does not include an individual excluded by rule adopted or order issued under this chapter. (2) 'Bank' means: (A) A banking institution organized under the laws of the United States; (B) A member bank of the Federal Reserve System; (C) Any other banking institution, whether incorporated or not, doing business under the laws of a state or of the United States, a substantial portion of the business of which consists of receiving deposits or exercising fiduciary powers similar to those permitted to be exercised by national banks under the authority of the Comptroller of the Currency pursuant to Section 1 of P. L. 87-722, 12 U.S.C. Section 92a, and which is supervised and examined by a state or federal agency having supervision over banks and which is not operated for the purpose of evading this chapter; or (D) A receiver, conservator, or other liquidating agent of any institution or firm included in subparagraph (A), (B), or (C) of this paragraph. (3) 'Broker-dealer' means a person engaged in the business of effecting transactions in securities for the account of others or for the persons own account. The term does not include: (A) An agent; (B) An issuer; (C) A bank, trust company, credit union, or savings institution if its activities as a broker-dealer are limited to those specified in subsections 3(a)(4)(B)(i) through (vi) and (viii) through (x) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78c(a)(4); subsection 3(a)(4)(B)(xi) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78c(a)(4) if limited to unsolicited transactions; or subsections 3(a)(5)(B) and 3(a)(5)(C) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78c(a)(5), or a bank that satisfies the conditions described in subsection 3(a)(4)(E) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78c(a)(4); (D) An international banking institution; or (E) A person excluded by rule adopted or order issued under this chapter. (4) 'Central Registration Depository' means a computerized data base that contains information about most brokers, their representatives, and the firms they work for. It can be used to find out if brokers are properly licensed and if they have had previous disputes with regulators or received serious complaints from investors. (5) 'Credit union' means any credit union incorporated under the laws of this state, the United States, or any state or territory of the United States or the District of Columbia. (6) 'Commissioner' means the Secretary of State of Georgia. (7)(A) 'Depository institution' means: (i) A bank; or (ii) A savings institution, trust company, credit union, or similar institution that is organized or chartered under the laws of a state or of the United States, authorized 4042 JOURNAL OF THE SENATE to receive deposits, and supervised and examined by an official or agency of a state or the United States if its deposits or share accounts are insured to the maximum amount authorized by statute by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund or a successor authorized by federal law. (B) The term does not include: (i) An insurance company or other organization primarily engaged in the business of insurance; (ii) A Morris Plan bank; or (iii) An industrial loan company that is not an 'insured depository institution' as defined in subsection 3(c)(2) of the Federal Deposit Insurance Act, 12 U.S.C. Section 1813(c)(2), or any successor federal statute. (8) 'Federal covered investment adviser' means a person registered under the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-1, et seq. (9) 'Federal covered security' means a security that is, or upon completion of a transaction will be, a covered security under Section 18(b) of the Securities Act of 1933, 15 U.S.C. Section 77r(b), or rules or regulations adopted pursuant to that provision. (10) 'Filing' means the receipt under this chapter of a record by the Commissioner or a designee of the Commissioner. (11) 'Fraud,' 'deceit,' or 'defraud' is not limited to common law deceit. (12) 'Guaranteed' means guaranteed as to payment of all principal and all interest. (13) 'Institutional investor' means any of the following, whether acting for itself or for others in a fiduciary capacity: (A) A depository institution or international banking institution; (B) An insurance company; (C) A separate account of an insurance company; (D) An investment company as defined in the Investment Company Act of 1940, 15 U.S.C. Section 80a-1, et seq.; (E) A broker-dealer registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq.; (F) An employee pension, profit-sharing, or benefit plan if the plan has total assets in excess of $10 million or its investment decisions are made by a named fiduciary, as defined in the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq., that is a broker-dealer registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., an investment adviser registered or exempt from registration under the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-1, et seq., an investment adviser registered under this chapter, a depository institution, or an insurance company; (G) A plan established and maintained by a state, a political subdivision of a state, or an agency or instrumentality of a state or a political subdivision of a state for the benefit of its employees if the plan has total assets in excess of $10 million or its investment decisions are made by a duly designated public official or by a named FRIDAY, APRIL 4, 2008 4043 fiduciary, as defined in the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq., that is a broker-dealer registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., an investment adviser registered or exempt from registration under the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-1, et seq., an investment adviser registered under this chapter, a depository institution, or an insurance company; (H) A trust if it has total assets in excess of $10 million, its trustee is a depository institution, and its participants are exclusively plans of the types identified in subparagraph (F) or (G) of this paragraph, regardless of the size of their assets, except a trust that includes as participants self-directed individual retirement accounts or similar self-directed plans; (I) An organization that is not formed for the specific purpose of acquiring the securities offered, with total assets in excess of $10 million, including an organization described in subsection 501(c)(3) of the Internal Revenue Code, 26 U.S.C. Section 501(c)(3), a corporation, a Massachusetts trust or similar business trust, a limited liability company, or a partnership; (J) A small business investment company licensed by the Small Business Administration under Section 301(c) of the Small Business Investment Act of 1958, 15 U.S.C. Section 681(c), with total assets in excess of $10 million; (K) A private business development company as defined in Section 202(a)(22) of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-2(a)(22), with total assets in excess of $10 million; (L) A federal covered investment adviser acting for its own account; (M) A qualified institutional buyer as defined in Rule 144A(a)(1), other than Rule 144A(a)(1)(H),17 C.F.R. 230.144A, adopted under the Securities Act of 1933,15 U.S.C. Section 77a, et seq.; (N) A major United States institutional investor as defined in Rule 15a-6(b)(4)(I), 17 C.F.R. 240.15a-6, adopted under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq.; (O) Any other person, other than an individual, of institutional character with total assets in excess of $10 million not organized for the specific purpose of evading this chapter; or (P) Any other person specified by rule adopted or order issued under this chapter. (14) Insurance company means a company organized as an insurance company whose primary business is writing insurance or reinsuring risks underwritten by insurance companies and which is subject to supervision by the insurance commissioner or a similar official or agency of a state. (15) 'Insured' means insured as to payment of all principal and all interest. (16) International banking institution means an international financial institution of which the United States is a member and whose securities are exempt from registration under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq. (17) 'Investment adviser' means a person that, for compensation, engages in the business of advising others, either directly or through publications or writings, as to 4044 JOURNAL OF THE SENATE the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as a part of a regular business, issues or promulgates analysis or reports concerning securities. The term includes a financial planner or other person that, as an integral component of other financially related services, provides investment advice to others for compensation as part of a business or that holds itself out as providing investment advice to others for compensation. The term does not include: (A) An investment adviser representative; (B) A lawyer, accountant, engineer, or teacher whose performance of investment advice is solely incidental to the practice of the persons profession; (C) A broker-dealer or its agents whose performance of investment advice is solely incidental to the conduct of business as a broker-dealer and that does not receive special compensation for the investment advice; (D) A publisher of a bona fide newspaper, news magazine, or business or financial publication of general and regular circulation; (E) A federal covered investment adviser; (F) A bank or savings institution; (G) A credit union; (H) Any other person that is excluded by the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-1, et seq., from the definition of investment adviser; or (I) Any other person excluded by rule adopted or order issued under this chapter. (18) 'Investment Adviser Registration Depository' means an electronic filing system that facilitates investment adviser registration, regulatory review, and the public disclosure information of investment adviser firms. (19) 'Investment adviser representative' means an individual employed by or associated with an investment adviser or federal covered investment adviser who makes any recommendations or otherwise gives investment advice regarding securities, manages accounts or portfolios of clients, determines which recommendation or advice regarding securities should be given, provides investment advice or holds herself or himself out as providing investment advice, receives compensation to solicit, offer, or negotiate for the sale of or for selling investment advice, or supervises employees who perform any of the foregoing. The term does not include an individual who: (A) Performs only clerical or ministerial acts; (B) Is an agent whose performance of investment advice is solely incidental to the individual acting as an agent and who does not receive special compensation for investment advisory services; (C) Is employed by or associated with a federal covered investment adviser, unless the individual has a place of business in this state as that term is defined by rule adopted under Section 203A of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-3a, and is: (i) An investment adviser representative as that term is defined by rule adopted under Section 203A of the Investment Advisers Act of 1940, 15 U.S.C. Section FRIDAY, APRIL 4, 2008 4045 80b-3a; or (ii) Not a supervised person as that term is defined in Section 202(a)(25) of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-2(a)(25); or (D) Is excluded by rule adopted or order issued under this chapter. (20) 'Issuer' means a person that issues or proposes to issue a security, subject to the following: (A) The issuer of a voting trust certificate, collateral trust certificate, certificate of deposit for a security, or share in an investment company without a board of directors or individuals performing similar functions is the person performing the acts and assuming the duties of depositor or manager pursuant to the trust or other agreement or instrument under which the security is issued; (B) The issuer of an equipment trust certificate or similar security serving the same purpose is the person by which the property is or will be used or to which the property or equipment is or will be leased or conditionally sold or that is otherwise contractually responsible for assuring payment of the certificate; or (C) The issuer of a fractional undivided interest in an oil, gas, or other mineral lease or in payments out of production under a lease, right, or royalty is the owner of an interest in the lease or in payments out of production under a lease, right, or royalty, whether whole or fractional, that creates fractional interests for the purpose of sale. (21) 'Nonissuer transaction' or 'nonissuer distribution' means a transaction or distribution not directly or indirectly for the benefit of the issuer. (22) 'Offer to purchase' includes an attempt or offer to obtain or solicitation of an offer to sell a security or interest in a security for value. The term does not include a tender offer that is subject to Section 14(d) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78n(d). (23) 'Person' means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. (24) Place of business of a broker-dealer, an investment adviser, or a federal covered investment adviser means: (A) An office at which the broker-dealer, investment adviser, or federal covered investment adviser regularly provides brokerage or investment advice or solicits, meets with, or otherwise communicates with customers or clients; or (B) Any other location that is held out to the general public as a location at which the broker-dealer, investment adviser, or federal covered investment adviser provides brokerage or investment advice or solicits, meets with, or otherwise communicates with customers or clients. (25) 'Predecessor Act' means Chapter 5 of this title, the 'Georgia Securities Act of 1973', as it existed immediately prior to the effective date of this chapter. (26) 'Price amendment' means the amendment to a registration statement filed under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., or, if an amendment is not filed, the prospectus or prospectus supplement filed under the Securities Act of 1933, 4046 JOURNAL OF THE SENATE 15 U.S.C. Section 77a, et seq., that includes a statement of the offering price, underwriting and selling discounts or commissions, amount of proceeds, conversion rates, call prices, and other matters dependent upon the offering price. (27) 'Principal place of business' of a broker-dealer or an investment adviser means the executive office of the broker-dealer or investment adviser from which the officers, partners, or managers of the broker-dealer or investment adviser direct, control, and coordinate the activities of the broker-dealer or investment adviser. (28) 'Record,' except in the phrases 'of record,' 'official record,' and 'public record,' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (29) 'Sale' includes every contract of sale, contract to sell, or disposition of a security or interest in a security for value. Offer to sell includes every attempt or offer to dispose of or solicitation of an offer to purchase a security or interest in a security for value. Both terms include: (A) A security given or delivered with or as a bonus on account of a purchase of securities or any other thing constituting part of the subject of the purchase and having been offered and sold for value; (B) A gift of assessable stock involving an offer and sale; and (C) A sale or offer of a warrant or right to purchase or subscribe to another security of the same or another issuer and a sale or offer of a security that gives the holder a present or future right or privilege to convert the security into another security of the same or another issuer, including an offer of the other security. (30) 'Securities and Exchange Commission' means the United States Securities and Exchange Commission. (31) 'Security' means a note; stock; treasury stock; security future; bond; debenture; evidence of indebtedness; certificate of interest or participation in a profit-sharing agreement; collateral trust certificate; preorganization certificate or subscription; transferable share; investment contract; voting trust certificate; certificate of deposit for a security; fractional undivided interest in oil, gas, or other mineral rights; put, call, straddle, option, or privilege on a security, certificate of deposit, or group or index of securities, including an interest therein or based on the value thereof; put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency; or, in general, an interest or instrument commonly known as a 'security'; or a certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the foregoing. The term: (A) Includes both a certificated and an uncertificated security; (B) Does not include an insurance or endowment policy or annuity contract under which an insurance company promises to pay a fixed or variable sum of money either in a lump sum or periodically for life or other specified period; (C) Does not include an interest in a contributory or noncontributory pension or welfare plan subject to the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq.; FRIDAY, APRIL 4, 2008 4047 (D) Includes as an investment contract an investment in a common enterprise with the expectation of profits to be derived primarily from the efforts of a person other than the investor where common enterprise means an enterprise in which the fortunes of the investor are interwoven with those of either the person offering the investment, a third party, or other investors; and (E) Includes as an investment contract, among other contracts, an interest in a limited partnership or a limited liability company and an investment in a viatical settlement or similar agreement. (32) 'Self-regulatory organization' means a national securities exchange registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., a national securities association of broker-dealers registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., a clearing agency registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., or the Municipal Securities Rulemaking Board established under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq. (33) 'Sign' means, with present intent to authenticate or adopt a record: (A) To execute or adopt a tangible symbol; or (B) To attach or logically associate with the record an electronic symbol, sound, or process. (34) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. 10-5-3. Any citation in this chapter to a section of the United States Code includes those statutes and the rules and regulations adopted under those statutes as in effect on the date of enactment of this chapter, or as later amended. 10-5-4. A reference in this chapter to an agency or department of the United States is also a reference to a successor agency or department. 10-5-5. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b). This chapter authorizes the filing of records and signatures, when specified by provisions of this chapter or by a rule adopted or order issued under this chapter, in a manner consistent with Section 104(a) of that act, 15 U.S.C. Section 7004(a). 4048 JOURNAL OF THE SENATE ARTICLE 2 10-5-10. The following securities are exempt from the requirements of Article 3 of this chapter and Code Section 10-5-53: (1) A security, including a revenue obligation or a separate security as defined in Rule 131, 17 C.F.R. 230.131, adopted under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., issued, insured, or guaranteed by the United States; by a state; by a political subdivision of a state; by a public authority, agency, or instrumentality of one or more states; by a political subdivision of one or more states; or by a person controlled or supervised by and acting as an instrumentality of the United States under authority granted by the Congress or a certificate of deposit for any of the foregoing; (2) A security issued, insured, or guaranteed by a foreign government with which the United States maintains diplomatic relations, or any of its political subdivisions, if the security is recognized as a valid obligation by the issuer, insurer, or guarantor; (3) A security issued by and representing or that will represent an interest in or a direct obligation of or be guaranteed by: (A) An international banking institution; (B) A banking institution organized under the laws of the United States; a member bank of the Federal Reserve System; or a depository institution a substantial portion of the business of which consists or will consist of receiving deposits or share accounts that are insured to the maximum amount authorized by statute by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund or a successor authorized by federal law or exercising fiduciary powers that are similar to those permitted for national banks under the authority of the Comptroller of Currency pursuant to Section 1 of P. L. 87-722, 12 U.S.C. Section 92a; or (C) Any other depository institution, unless by rule or order the Commissioner proceeds under Code Section 10-5-13; (4) A security issued by and representing an interest in, or a debt of, or insured or guaranteed by, an insurance company authorized to do business in this state; (5) A security issued or guaranteed by a railroad, other common carrier, public utility, or public utility holding company that is: (A) Regulated in respect to its rates and charges by the United States or a state; (B) Regulated in respect to the issuance or guarantee of the security by the United States, a state, Canada, or a Canadian province or territory; or (C) A public utility holding company registered under the Public Utility Holding Company Act of 1935 or a subsidiary of such a registered holding company within the meaning of that act; (6) A federal covered security specified in Section 18(b)(1) of the Securities Act of 1933, 15 U.S.C. Section 77r(b)(1), or by rule adopted under that provision or a security listed or approved for listing on another securities market specified by rule under this chapter; a put or a call option contract; a warrant; a subscription right on or FRIDAY, APRIL 4, 2008 4049 with respect to such securities; or an option or similar derivative security on a security or an index of securities or foreign currencies issued by a clearing agency registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 77a, et seq., and listed or designated for trading on a national securities exchange, a facility of a national securities exchange, or a facility of a national securities association registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 77a, et seq., or an offer or sale of the underlying security in connection with the offer, sale, or exercise of an option or other security that was exempt when the option or other security was written or issued; or an option or a derivative security designated by the Securities and Exchange Commission under Section 9(b) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78i(b); (7) A security issued by a person organized and operated exclusively for religious, educational, benevolent, fraternal, charitable, social, athletic, or reformatory purposes or as a chamber of commerce and not for pecuniary profit, no part of the net earnings of which inures to the benefit of a private stockholder or other person; or a security of a company that is excluded from the definition of an investment company under Section 3(c)(10)(B) of the Investment Company Act of 1940, 15 U.S.C. Section 80b3(c)(10)(B); except that with respect to the offer or sale of a note, bond, debenture, or other evidence of indebtedness issued by such a person, a rule may be adopted under this chapter limiting the availability of this exemption by classifying securities, persons, and transactions, imposing different requirements for different classes, specifying with respect to Section 3(c)(10)(B) of the Investment Company Act of 1940, 15 U.S.C. Section 80b-3(c)(10)(B), the scope of the exemption and the grounds for denial or suspension, and requiring an issuer: (A) To file a notice specifying the material terms of the proposed offer or sale and copies of any proposed sales and advertising literature to be used and provide that the exemption becomes effective if the Commissioner does not disallow the exemption within the period established by the rule; (B) To file a request for exemption authorization for which a rule under this chapter may specify the scope of the exemption, the requirement of an offering statement, the filing of sales and advertising literature, the filing of consent to service of process complying with Code Section 10-5-80, and grounds for denial or suspension of the exemption; or (C) To register under Code Section 10-5-23; (8) A members or owners interest in, retention certificate, or like security given in lieu of a cash patronage dividend issued by, a cooperative organized and operated as a nonprofit membership cooperative under the cooperative laws of a state, but not a members or owners interest, retention certificate, or like security sold to persons other than bona fide members of the cooperative; and (9) An equipment trust certificate with respect to equipment leased or conditionally sold to a person if any security issued by the person would be exempt under this Code section or would be a federal covered security under Section 18(b)(1) of the Securities Act of 1933, 15 U.S.C. Section 77r(b)(1). 4050 JOURNAL OF THE SENATE 10-5-11. The following transactions are exempt from the requirements of Article 3 of this chapter and Code Section 10-5-53: (1) An isolated nonissuer transaction, whether effected by or through a broker-dealer or not; (2) A nonissuer transaction by or through a broker-dealer registered, or exempt from registration under this chapter, and a resale transaction by a sponsor of a unit investment trust registered under the Investment Company Act of 1940, 15 U.S.C. Section 80a-1, et seq., in a security of a class that has been outstanding in the hands of the public for at least 90 days, if, at the date of the transaction: (A) The issuer of the security is engaged in business, the issuer is not in the organizational stage or in bankruptcy or receivership, and the issuer is not a blank check, blind pool, or shell company that has no specific business plan or purpose or has indicated that its primary business plan is to engage in a merger or combination of the business with, or an acquisition of, an unidentified person; (B) The security is sold at a price reasonably related to its current market price; (C) The security does not constitute the whole or part of an unsold allotment to or a subscription or participation by the broker-dealer as an underwriter of the security or a redistribution; (D) A nationally recognized securities manual or its electronic equivalent designated by rule adopted or order issued under this chapter or a record filed with the Securities and Exchange Commission that is publicly available contains: (i) A description of the business and operations of the issuer; (ii) The names of the issuers executive officers and the names of the issuers directors, if any; (iii) An audited balance sheet of the issuer as of a date within 18 months before the date of the transaction or, in the case of a reorganization or merger when the parties to the reorganization or merger each had an audited balance sheet, a pro forma balance sheet for the combined organization; and (iv) An audited income statement for each of the issuers two immediately previous fiscal years or for the period of existence of the issuer, whichever is shorter, or, in the case of a reorganization or merger when each party to the reorganization or merger had an audited income statement, a pro forma income statement; and (E) The issuer of the security has a class of equity securities listed on a national securities exchange registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., or designated for trading on the National Association of Securities Dealers Automated Quotation System, unless the issuer of the security is a unit investment trust registered under the Investment Company Act of 1940, 15 U.S.C. Section 80a-1, et seq.; or the issuer of the security, including its predecessors, has been engaged in continuous business for at least three years; or the issuer of the security has total assets of at least $2 million based on an audited balance sheet as of a date within 18 months before the date of the transaction or, in FRIDAY, APRIL 4, 2008 4051 the case of a reorganization or merger when the parties to the reorganization or merger each had an audited balance sheet, a pro forma balance sheet for the combined organization; (3) A nonissuer transaction by or through a broker-dealer registered or exempt from registration under this chapter in a security of a foreign issuer that is a margin security defined in regulations or rules adopted by the Board of Governors of the Federal Reserve System; (4) A nonissuer transaction by or through a broker-dealer registered or exempt from registration under this chapter in an outstanding security if the guarantor of the security files reports with the Securities and Exchange Commission under the reporting requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78m or 78o(d); (5) A nonissuer transaction by or through a broker-dealer registered or exempt from registration under this chapter in a security that: (A) Is rated at the time of the transaction by a nationally recognized statistical rating organization in one of its four highest rating categories; or (B) Has a fixed maturity or a fixed interest or dividend if: (i) A default has not occurred during the current fiscal year or within the three previous fiscal years or during the existence of the issuer and any predecessor, if less than three fiscal years, in the payment of principal, interest, or dividends on the security; and (ii) The issuer is engaged in business, is not in the organizational stage or in bankruptcy or receivership, and is not and has not been within the previous 12 months a blank check, blind pool, or shell company that has no specific business plan or purpose or has indicated that its primary business plan is to engage in a merger or combination of the business with or an acquisition of an unidentified person; (6) A nonissuer transaction by or through a broker-dealer registered or exempt from registration under this chapter effecting an unsolicited order or offer to purchase; (7) A nonissuer transaction executed by a bona fide pledgee without the purpose of evading this chapter; (8) A nonissuer transaction by a federal covered investment adviser with investments under management in excess of $100 million acting in the exercise of discretionary authority in a signed record for the account of others; (9) A transaction in a security, whether or not the security or transaction is otherwise exempt, in exchange for one or more bona fide outstanding securities, claims, or property interests, or partly in such exchange and partly for cash, if the terms and conditions of the issuance and exchange or the delivery and exchange and the fairness of the terms and conditions have been approved by the Commissioner after a hearing; (10) A transaction between the issuer or other person on whose behalf the offering is made and an underwriter or among underwriters; (11) A transaction in a note, bond, debenture, or other evidence of indebtedness secured by a mortgage or other security agreement if: 4052 JOURNAL OF THE SENATE (A) The note, bond, debenture, or other evidence of indebtedness is offered and sold with the mortgage or other security agreement as a unit; (B) A general solicitation or general advertisement of the transaction is not made; and (C) A commission or other remuneration is not paid or given, directly or indirectly, to a person not registered under this chapter as a broker-dealer or as an agent; (12) A transaction by an executor, commissioner of an estate, sheriff, marshal, receiver, trustee in bankruptcy, guardian, or conservator; (13) A sale or offer to sell to: (A) An institutional investor; (B) A federal covered investment adviser; or (C) Any other person exempted by rule adopted or order issued under this chapter; (14) A sale or an offer to sell securities of an issuer if part of a single issue in which: (A) Not more than 15 purchasers are present in this state during any 12 consecutive months, other than those designated in paragraph (13) of this Code section; (B) A general solicitation or general advertising is not made in connection with the offer to sell or sale of the securities; (C) A commission or other remuneration is not paid or given, directly or indirectly, to any person for soliciting a prospective purchaser in this state; and (D) The issuer reasonably believes that all the purchasers in this state, other than those designated in paragraph (13) of this Code section, are purchasing for investment; (15) A transaction under an offer to existing security holders of the issuer, including persons that at the date of the transaction are holders of convertible securities, options, or warrants if a commission or other remuneration, other than a standby commission, is not paid or given, directly or indirectly, for soliciting a security holder in this state; (16) An offer to sell, but not a sale, of a security not exempt from registration under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., if: (A) A registration or offering statement or similar record as required under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., has been filed but is not effective, or the offer is made in compliance with Rule 165, 17 C.F.R. 230.165, adopted under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq.; and (B) A stop order of which the offeror is aware has not been issued against the offeror by the Commissioner or the Securities and Exchange Commission, and an audit, inspection, or proceeding that is public and that may culminate in a stop order is not known by the offeror to be pending; (17) An offer to sell, but not a sale, of a security exempt from registration under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., if: (A) A registration statement has been filed under this chapter but is not effective; (B) A solicitation of interest is provided in a record to offerees in compliance with a rule adopted by the Commissioner under this chapter; and (C) A stop order of which the offeror is aware has not been issued by the Commissioner under this chapter, and an audit, inspection, or proceeding that may FRIDAY, APRIL 4, 2008 4053 culminate in a stop order is not known by the offeror to be pending; (18) A transaction involving the distribution of the securities of an issuer to the security holders of another person in connection with a merger, consolidation, exchange of securities, sale of assets, or other reorganization to which the issuer, or its parent or subsidiary, and the other person, or its parent or subsidiary, are parties; (19) A rescission offer, sale, or purchase under Code Section 10-5-59; (20) An offer or sale of a security to a person not a resident of this state and not present in this state if the offer or sale does not constitute a violation of the laws of the state or foreign jurisdiction in which the offeree or purchaser is present and is not part of an unlawful plan or scheme to evade this chapter; (21) Employees stock purchase, savings, option, profit-sharing, pension, or similar employees benefit plan, including any securities, plan interests, and guarantees issued under a compensatory benefit plan or compensation contract, contained in a record, and established by the issuer, its parents, its majority-owned subsidiaries, or the majority-owned subsidiaries of the issuers parent for the participation of their employees including offers or sales of such securities to: (A) Directors; general partners; trustees, if the issuer is a business trust; officers; consultants; and advisers; (B) Family members who acquire such securities from those persons through gifts or domestic relations orders; (C) Former employees, directors, general partners, trustees, officers, consultants, and advisers if those individuals were employed by or providing services to the issuer when the securities were offered; and (D) Insurance agents who are exclusive insurance agents of the issuer or the issuers subsidiaries or parents or who derive more than 50 percent of their annual income from those organizations; (22) A transaction involving: (A) A stock dividend or equivalent equity distribution, whether the corporation or other business organization distributing the dividend or equivalent equity distribution is the issuer or not, if nothing of value is given by stockholders or other equity holders for the dividend or equivalent equity distribution other than the surrender of a right to a cash or property dividend if each stockholder or other equity holder may elect to take the dividend or equivalent equity distribution in cash, property, or stock; (B) An act incident to a judicially approved reorganization in which a security is issued in exchange for one or more outstanding securities, claims, or property interests or partly in such exchange and partly for cash; or (C) The solicitation of tenders of securities by an offeror in a tender offer in compliance with Rule 162, 17 C.F.R. 230.162, adopted under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq.; and (23) A nonissuer transaction in an outstanding security by or through a broker-dealer registered or exempt from registration under this chapter if the issuer is a reporting issuer in a foreign jurisdiction designated by this paragraph or by rule adopted or 4054 JOURNAL OF THE SENATE order issued under this chapter; has been subject to continuous reporting requirements in the foreign jurisdiction for not less than 180 days before the transaction; and the security is listed on the foreign jurisdictions securities exchange that has been designated by this paragraph or by rule adopted or order issued under this chapter or is a security of the same issuer that is of senior or substantially equal rank to the listed security or is a warrant or right to purchase or subscribe to any of the foregoing. For purposes of this paragraph, Canada, together with its provinces and territories, is a designated foreign jurisdiction and The Toronto Stock Exchange, Inc., is a designated securities exchange. After an administrative hearing in compliance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the Commissioner, by rule adopted or order issued under this chapter, may revoke the designation of a securities exchange under this paragraph, if the Commissioner finds that revocation is necessary or appropriate in the public interest and for the protection of investors. 10-5-12. A rule adopted or order issued under this chapter may exempt a security, transaction, or offer; a rule adopted under this chapter may exempt a class of securities, transactions, or offers from any or all of the requirements of Article 3 of this chapter and Code Section 10-5-53; and an order issued under this chapter may waive, in whole or in part, any or all of the conditions for an exemption or offer under Code Sections 10-5-10 and 10-5-11. 10-5-13. (a) Except with respect to a federal covered security or a transaction involving a federal covered security, an order issued under this chapter may deny, suspend application of, condition, limit, or revoke an exemption created under subparagraph (C) of paragraph (3) or paragraph (7) or (8) of Code Section 10-5-10 or under Code Section 10-5-11 or an exemption or waiver created under Code Section 10-5-12 with respect to a specific security, transaction, or offer. An order issued under this Code section may be issued only pursuant to the procedures in subsection (d) of Code Section 10-5-25 or 10-5-73 and only prospectively. (b) A person does not violate Code Section 10-5-20, 10-5-22 through 10-5-25, 10-553, or 10-5-59 by an offer to sell, offer to purchase, sale, or purchase effected after the entry of an order issued under this Code section if the person did not know, and in the exercise of reasonable care could not have known, of the order. ARTICLE 3 10-5-20. It is unlawful for a person to offer or sell a security in this state unless: (1) The security is a federal covered security; (2) The security, transaction, or offer is exempted from registration under Code Sections 10-5-10 through 10-5-12; or (3) The security is registered under this chapter. FRIDAY, APRIL 4, 2008 4055 10-5-21. (a) With respect to a federal covered security, as defined in Section 18(b)(2) of the Securities Act of 1933, 15 U.S.C. Section 77r(b)(2), that is not otherwise exempt under Code Sections 10-5-10 through 10-5-12, a rule adopted or order issued under this chapter may require the filing of any or all of the following records: (1) Before the initial offer of a federal covered security in this state, all records that are part of a federal registration statement filed with the Securities and Exchange Commission under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., and a consent to service of process complying with Code Section 10-5-80 signed by the issuer and the payment of a fee of $250.00; (2) After the initial offer of the federal covered security in this state, all records that are part of an amendment to a federal registration statement filed with the Securities and Exchange Commission under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq.; and (3) To the extent necessary or appropriate to compute fees, a report of the value of the federal covered securities sold or offered to persons present in this state, if the sales data are not included in records filed with the Securities and Exchange Commission and payment of a fee of $250.00. (b) A notice filing under subsection (a) of this Code section is effective for one year commencing on the later of the notice filing or the effectiveness of the offering filed with the Securities and Exchange Commission. On or before expiration, the issuer may renew a notice filing by filing a copy of those records filed by the issuer with the Securities and Exchange Commission that are required by rule adopted or order issued under this chapter to be filed and by paying a renewal fee of $100.00. A previously filed consent to service of process complying with Code Section 10-5-80 may be incorporated by reference in a renewal. A renewed notice filing becomes effective upon the expiration of the filing being renewed. (c) With respect to a security that is a federal covered security under Section 18(b)(4)(D) of the Securities Act of 1933, 15 U.S.C. Section 77r(b)(4)(D), a rule adopted under this chapter may require a notice filing by or on behalf of an issuer to include a copy of Form D, including the Appendix, as promulgated by the Securities and Exchange Commission, and a consent to service of process complying with Code Section 10-5-80 signed by the issuer not later than 15 days after the first sale of the federal covered security in this state and the payment of a fee of $250.00. (d) Except with respect to a federal security under Section 181(b)(1) of the Securities Act of 1933, 15 U.S.C. Section 77r(b)(1), if the Commissioner finds that there is a failure to comply with a notice or fee requirement of this Code section, the Commissioner may issue a stop order suspending the offer and sale of a federal covered security in this state. If the deficiency is corrected, the stop order is void as of the time of its issuance and no penalty may be imposed by the Commissioner. 10-5-22. (a) A security for which a registration statement has been filed under the Securities Act 4056 JOURNAL OF THE SENATE of 1933, 15 U.S.C. Section 77a, et seq., in connection with the same offering may be registered by coordination under this Code section. (b) A registration statement and accompanying records under this Code section must contain or be accompanied by the following records in addition to the information specified in Code Section 10-5-24 and a consent to service of process complying with Code Section 10-5-80: (1) A copy of the latest form of prospectus filed under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq.; (2) A copy of the articles of incorporation and bylaws or their substantial equivalents currently in effect; a copy of any agreement with or among underwriters; a copy of any indenture or other instrument governing the issuance of the security to be registered; and a specimen, copy, or description of the security that is required by rule adopted or order issued under this chapter; (3) Copies of any other information or any other records filed by the issuer under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., requested by the Commissioner; and (4) An undertaking to forward each amendment to the federal prospectus, other than an amendment that delays the effective date of the registration statement, promptly after it is filed with the Securities and Exchange Commission. (c) A registration statement under this Code section becomes effective simultaneously with or subsequent to the federal registration statement when all the following conditions are satisfied: (1) A stop order issued under subsection (d) of this Code section or Code Section 105-25 or issued by the Securities and Exchange Commission is not in effect and a proceeding is not pending against the issuer under Code Section 10-5-41; and (2) The registration statement has been on file for at least 20 days or a shorter period provided by rule adopted or order issued under this chapter. (d) The registrant shall promptly notify the Commissioner in a record of the date when the federal registration statement becomes effective and the content of any price amendment and shall promptly file a record containing the price amendment. If the notice is not timely received, the Commissioner may issue a stop order, without prior notice or hearing, retroactively denying effectiveness to the registration statement or suspending its effectiveness until compliance with this Code section. The Commissioner shall promptly notify the registrant of an order by telephone or electronic means and promptly confirm this notice by a record. If the registrant subsequently complies with the notice requirements of this Code section, the stop order is void as of the date of its issuance. (e) If the federal registration statement becomes effective before each of the conditions in this Code section is satisfied or is waived by the Commissioner, the registration statement is automatically effective under this chapter when all the conditions are satisfied or waived. If the registrant notifies the Commissioner of the date when the federal registration statement is expected to become effective, the Commissioner shall promptly notify the registrant by telephone or electronic means and promptly confirm FRIDAY, APRIL 4, 2008 4057 this notice by a record, indicating whether all the conditions are satisfied or waived and whether the Commissioner intends the institution of a proceeding under Code Section 10-5-25. The notice by the Commissioner does not preclude the institution of such a proceeding. 10-5-23. (a) A security may be registered by qualification under this Code section. (b) A registration statement under this Code section must contain the information or records specified in Code Section 10-5-24, a consent to service of process complying with Code Section 10-5-80, and, if required by rule adopted under this chapter, the following information or records: (1) With respect to the issuer and any significant subsidiary, its name, address, and form of organization; the state or foreign jurisdiction and date of its organization; the general character and location of its business; a description of its physical properties and equipment; and a statement of the general competitive conditions in the industry or business in which it is or will be engaged; (2) With respect to each director and officer of the issuer and other person having a similar status or performing similar functions, the persons name, address, and principal occupation for the previous five years; the amount of securities of the issuer held by the person as of the thirtieth day before the filing of the registration statement; the amount of the securities covered by the registration statement to which the person has indicated an intention to subscribe; and a description of any material interest of the person in any material transaction with the issuer or a significant subsidiary effected within the previous three years or proposed to be effected; (3) With respect to persons covered by paragraph (2) of this subsection, the aggregate sum of the remuneration paid to those persons during the previous 12 months and estimated to be paid during the next 12 months, directly or indirectly, by the issuer and all predecessors, parents, subsidiaries, and affiliates of the issuer; (4) With respect to a person owning of record or owning beneficially, if known, 10 percent or more of the outstanding shares of any class of equity security of the issuer, the information specified in paragraph (2) of this subsection other than the persons occupation; (5) With respect to a promoter, if the issuer was organized within the previous three years, the information or records specified in paragraph (2) of this subsection, any amount paid to the promoter within that period or intended to be paid to the promoter and the consideration for the payment; (6) With respect to a person on whose behalf any part of the offering is to be made in a nonissuer distribution, the persons name and address; the amount of securities of the issuer held by the person as of the date of the filing of the registration statement; a description of any material interest of the person in any material transaction with the issuer or any significant subsidiary effected within the previous three years or proposed to be effected; and a statement of the reasons for making the offering; (7) The capitalization and long term debt, on both a current and pro forma basis, of 4058 JOURNAL OF THE SENATE the issuer and any significant subsidiary, including a description of each security outstanding or being registered or otherwise offered, and a statement of the amount and kind of consideration, whether in the form of cash, physical assets, services, patents, good will, or anything else of value, for which the issuer or any subsidiary has issued its securities within the previous two years or is obligated to issue its securities; (8) The kind and amount of securities to be offered; the proposed offering price or the method by which it is to be computed; any variation at which a proportion of the offering is to be made to a person or class of persons other than the underwriters, with a specification of the person or class; the basis on which the offering is to be made if otherwise than for cash; the estimated aggregate underwriting and selling discounts or commissions and finders fees, including separately cash, securities, contracts, or anything else of value to accrue to the underwriters or finders in connection with the offering or, if the selling discounts or commissions are variable, the basis of determining them and their maximum and minimum amounts; the estimated amounts of other selling expenses, including legal, engineering, and accounting charges; the name and address of each underwriter and each recipient of a finders fee; a copy of any underwriting or selling group agreement under which the distribution is to be made or the proposed form of any such agreement whose terms have not yet been determined; and a description of the plan of distribution of any securities that are to be offered otherwise than through an underwriter; (9) The estimated monetary proceeds to be received by the issuer from the offering; the purposes for which the proceeds are to be used by the issuer; the estimated amount to be used for each purpose; the order or priority in which the proceeds will be used for the purposes stated; the amounts of any funds to be raised from other sources to achieve the purposes stated; the sources of the funds; and, if a part of the proceeds is to be used to acquire property, including good will, otherwise than in the ordinary course of business, the names and addresses of the vendors, the purchase price, the names of any persons that have received commissions in connection with the acquisition, and the amounts of the commissions and other expenses in connection with the acquisition, including the cost of borrowing money to finance the acquisition; (10) A description of any stock options or other security options outstanding or to be created in connection with the offering and the amount of those options held or to be held by each person required to be named in paragraph (2), (4), (5), (6), or (8) of this subsection and by any person that holds or will hold 10 percent or more in the aggregate of those options; (11) The dates of, parties to, and general effect concisely stated of each managerial or other material contract made or to be made otherwise than in the ordinary course of business to be performed in whole or in part at or after the filing of the registration statement or that was made within the previous two years and a copy of the contract; (12) A description of any pending litigation, action, or proceeding to which the issuer is a party and that materially affects its business or assets and any litigation, action, or proceeding known to be contemplated by governmental authorities; FRIDAY, APRIL 4, 2008 4059 (13) A copy of any prospectus, pamphlet, circular, form letter, advertisement, or other sales literature intended as of the effective date to be used in connection with the offering and any solicitation of interest used in compliance with subparagraph (B) of paragraph (17) of Code Section 10-5-11; (14) A specimen or copy of the security being registered, unless the security is uncertificated; a copy of the issuers articles of incorporation and bylaws or their substantial equivalents, in effect; and a copy of any indenture or other instrument covering the security to be registered; (15) A signed or conformed copy of an opinion of counsel concerning the legality of the security being registered, with an English translation if it is in a language other than English, which states whether the security when sold will be validly issued, fully paid, and nonassessable and, if a debt security, a binding obligation of the issuer; (16) A signed or conformed copy of a consent of any accountant, engineer, appraiser, or other person whose profession gives authority for a statement made by the person if the person is named as having prepared or certified a public report or valuation, other than an official record, which is used in connection with the registration statement; (17) A balance sheet of the issuer as of a date within four months before the filing of the registration statement; a statement of income and changes in financial position for each of the three fiscal years preceding the date of the balance sheet and for any period between the close of the immediately previous fiscal year and the date of the balance sheet or for the period of the issuers and any predecessors existence if less than three years; and, if any part of the proceeds of the offering is to be applied to the purchase of a business, the financial statements that would be required if that business were the registrant; and (18) Any additional information or records required by rule adopted or order issued under this chapter. (c) A registration statement under this Code section becomes effective 30 days after the date the registration statement or the last amendment other than a price amendment is filed, unless any shorter period is provided by a rule adopted or order issued under this chapter, if: (1) A stop order is not in effect and a proceeding is not pending under Code Section 10-5-25; (2) The Commissioner has not issued an order under Code Section 10-5-25 delaying effectiveness; and (3) The applicant or registrant has not requested that effectiveness be delayed. (d) The Commissioner may delay effectiveness once for not more than 90 days if the Commissioner determines the registration statement is not complete in all material respects and promptly notifies the applicant or registrant of that determination. The Commissioner may also delay effectiveness for a further period of not more than 30 days if the Commissioner determines that the delay is necessary or appropriate. (e) A rule adopted or order issued under this chapter may require as a condition of registration under this Code section that a prospectus containing a specified part of the information or record specified in subsection (b) of this Code section be sent or given to 4060 JOURNAL OF THE SENATE each person to which an offer is made before or concurrently with the earliest of: (1) The first offer made in a record to the person, otherwise than by means of a public advertisement, by or for the account of the issuer or another person on whose behalf the offering is being made or by an underwriter or broker-dealer that is offering part of an unsold allotment or subscription taken by the person as a participant in the distribution; (2) The confirmation of a sale made by or for the account of the person; (3) Payment pursuant to such a sale; or (4) Delivery of the security pursuant to such a sale. 10-5-24. (a) A registration statement may be filed by the issuer, a person on whose behalf the offering is to be made, or a broker-dealer registered under this chapter. (b) If a registration statement is withdrawn before the effective date or a pre-effective stop order is issued under Code Section 10-5-25, the Commissioner shall retain the fee. (c) A registration statement filed under Code Section 10-5-22 or 10-5-23 must specify: (1) The amount of securities to be offered in this state; (2) The states in which a registration statement or similar record in connection with the offering has been or is to be filed; and (3) Any adverse order, judgment, or decree issued in connection with the offering by a state securities administrator, the Securities and Exchange Commission, or a court. (d) A record filed under this chapter or the predecessor Act within five years preceding the filing of a registration statement may be incorporated by reference in the registration statement to the extent that the record is currently accurate. (e) In the case of a nonissuer distribution, information or a record shall not be required under subsection (i) of this Code section or under Code Section 10-5-23, unless it is known to the person filing the registration statement or to the person on whose behalf the distribution is to be made or unless it can be furnished by those persons without unreasonable effort or expense. (f) A rule adopted or order issued under this chapter may require as a condition of registration that a security issued within the previous five years or to be issued to a promoter for a consideration substantially less than the public offering price or to a person for a consideration other than cash be deposited in escrow; and that the proceeds from the sale of the registered security in this state be impounded until the issuer receives a specified amount from the sale of the security either in this state or elsewhere. The conditions of any escrow or impoundment required under this subsection may be established by rule adopted or order issued under this chapter, but the Commissioner may not reject a depository institution solely because of its location in another state. (g) A rule adopted or order issued under this chapter may require as a condition of registration that a security registered under this chapter be sold only on a specified form of subscription or sale contract and that a signed or conformed copy of each contract be filed under this chapter or preserved for a period specified by the rule or order, which FRIDAY, APRIL 4, 2008 4061 may not be longer than five years. (h) Except while a stop order is in effect under Code Section 10-5-25, a registration statement is effective for one year after its effective date or for any longer period designated in an order under this chapter during which the security is being offered or distributed in a nonexempted transaction by or for the account of the issuer or other person on whose behalf the offering is being made or by an underwriter or brokerdealer that is still offering part of an unsold allotment or subscription taken as a participant in the distribution. For the purposes of a nonissuer transaction, all outstanding securities of the same class identified in the registration statement as a security registered under this chapter are considered to be registered while the registration statement is effective. If any securities of the same class are outstanding, a registration statement may not be withdrawn until one year after its effective date. A registration statement may be withdrawn only with the approval of the Commissioner. (i) While a registration statement is effective, a rule adopted or order issued under this chapter may require the person that filed the registration statement to file reports, not more often than quarterly, to keep the information or other record in the registration statement reasonably current, and to disclose the progress of the offering. (j) A registration statement may be amended after its effective date. The post-effective amendment becomes effective when the Commissioner so orders. A post-effective amendment relates back to the date of the offering of the additional securities being registered if, within one year after the date of the sale, the amendment is filed and the additional registration fee is paid. 10-5-25. (a) The Commissioner may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, a registration statement if the Commissioner finds that the order is in the public interest and that: (1) The registration statement as of its effective date or before the effective date in the case of an order denying effectiveness, an amendment under subsection (j) of Code Section 10-5-24 as of its effective date, or a report under subsection (i) of Code Section 10-5-24 is incomplete in a material respect or contains a statement that, in the light of the circumstances under which it was made, was false or misleading with respect to a material fact; (2) This chapter or a rule adopted or order issued under this chapter or a condition imposed under this chapter has been willfully violated, in connection with the offering, by the person filing the registration statement; by the issuer, a partner, officer, or director of the issuer or a person having a similar status or performing a similar function; by a promoter of the issuer; or by a person directly or indirectly controlling or controlled by the issuer but only if the person filing the registration statement is directly or indirectly controlled by or acting for the issuer; or by an underwriter; (3) The security registered or sought to be registered is the subject of a permanent or temporary injunction of a court of competent jurisdiction or an administrative stop 4062 JOURNAL OF THE SENATE order or similar order issued under any federal, foreign, or state law other than this chapter applicable to the offering, but the Commissioner may not institute a proceeding against an effective registration statement under this paragraph more than one year after the date of the order or injunction on which it is based, and the Commissioner may not issue an order under this paragraph on the basis of an order or injunction issued under the securities act of another state unless the order or injunction was based on conduct that would constitute, as of the date of the order, a ground for a stop order under this Code section; (4) The issuers enterprise or method of business includes or would include activities that are unlawful where performed; (5) With respect to a security sought to be registered under Code Section 10-5-22, there has been a failure to comply with the undertaking required by paragraph (4) of subsection (b) of said Code section; (6) The applicant or registrant has not paid the filing fee, but the Commissioner shall void the order if the deficiency is corrected; or (7) The offering: (A) Will work or tend to work a fraud upon purchasers or would so operate; or (B) Has been or would be made with unreasonable amounts of underwriters and sellers discounts, commissions, or other compensation or promoters profits or participations or unreasonable amounts or kinds of options; or (C) Is being made on terms that are unfair, unjust, or inequitable. (b) To the extent practicable, the Commissioner by rule adopted or order issued under this chapter shall publish standards that provide notice of conduct that violates paragraph (7) of subsection (a) of this Code section. (c) The Commissioner may not institute a stop order proceeding against an effective registration statement on the basis of conduct or a transaction known to the Commissioner when the registration statement became effective unless the proceeding is instituted within 30 days after the registration statement became effective. (d) The Commissioner may summarily revoke, deny, postpone, or suspend the effectiveness of a registration statement pending final determination of an administrative proceeding. Upon the issuance of the order, the Commissioner shall promptly notify each person specified in subsection (e) of this Code section that the order has been issued, the reasons for the revocation, denial, postponement, or suspension, and that within 30 days after the receipt of a request in a record from the person the matter will be scheduled for a hearing. If a hearing is not requested and none is ordered by the Commissioner within 30 days after the date of service of the order, the order becomes final. If a hearing is requested or ordered, the Commissioner, after notice of and opportunity for hearing for each person subject to the order, may modify or vacate the order or extend the order until final determination. (e) A stop order may not be issued under this Code section without: (1) Appropriate notice to the applicant or registrant, the issuer, and the person on whose behalf the securities are to be or have been offered; (2) An opportunity for hearing; and FRIDAY, APRIL 4, 2008 4063 (3) Findings of fact and conclusions of law in a record in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (f) The Commissioner may modify or vacate a stop order issued under this Code section if the Commissioner finds that the conditions that caused its issuance have changed or that it is necessary or appropriate in the public interest or for the protection of investors. 10-5-26. The Commissioner may waive or modify, in whole or in part, any or all of the requirements of Code Sections 10-5-21, 10-5-22, and subsection (b) of Code Section 10-5-23 or the requirement of any information or record in a registration statement or in a periodic report filed pursuant to subsection (i) of Code Section 10-5-24. ARTICLE 4 10-5-30. (a) It is unlawful for a person to transact business in this state as a broker-dealer unless the person is registered under this chapter as a broker-dealer or is exempt from registration as a broker-dealer under subsection (b) or (d) of this Code section. (b) The following persons are exempt from the registration requirement of subsection (a) of this Code section: (1) A broker-dealer without a place of business in this state if its only transactions effected in this state are with: (A) The issuer of the securities involved in the transactions; (B) A person registered as a broker-dealer under this chapter or not required to be registered as a broker-dealer under this chapter; (C) An institutional investor; (D) A nonaffiliated federal covered investment adviser with investments under management in excess of $100 million acting for the account of others pursuant to discretionary authority in a signed record; (E) A bona fide preexisting customer whose principal place of residence is not in this state and the person is registered as a broker-dealer under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., or not required to be registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., and is registered under the securities act of the state in which the customer maintains a principal place of residence; (F) A bona fide preexisting customer whose principal place of residence is in this state but was not present in this state when the customer relationship was established, if: (i) The broker-dealer is registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., or not required to be registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., and is registered under the securities laws of the state in which the customer relationship was established and where the customer had maintained a principal place of residence; and (ii) Within 45 days after the customers first transaction in this state, the person 4064 JOURNAL OF THE SENATE files an application for registration as a broker-dealer in this state and a further transaction is not effected more than 75 days after the date on which the application is filed, or, if earlier, the date on which the Commissioner notifies the person that the Commissioner has denied the application for registration or has stayed the pendency of the application for good cause; (G) Not more than three customers in this state during the previous 12 months, in addition to those customers specified in subparagraphs (A) through (F) and subparagraph (H) of this paragraph, if the broker-dealer is registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., or not required to be registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., and is registered under the securities act of the state in which the broker-dealer has its principal place of business; and (H) Any other person exempted by rule adopted or order issued under this chapter; and (2) A person that deals solely in United States government securities and is supervised as a dealer in government securities by the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Federal Deposit Insurance Corporation, or the Office of Thrift Supervision. (c) It is unlawful for a broker-dealer or for an issuer engaged in offering, offering to purchase, purchasing, or selling securities in this state, directly or indirectly, to employ or associate with an individual to engage in an activity related to securities transactions in this state if the registration of the individual is suspended or revoked or the individual is barred from employment or association with a broker-dealer, an issuer, an investment adviser, or a federal covered investment adviser by an order of the Commissioner under this chapter, the Securities and Exchange Commission, or a selfregulatory organization. A broker-dealer or issuer does not violate this subsection if the broker-dealer or issuer did not know and in the exercise of reasonable care could not have known of the suspension, revocation, or bar. Upon request from a broker-dealer or issuer and for good cause, an order under this chapter may modify or waive, in whole or in part, the application of the prohibitions of this subsection to the broker-dealer. (d) A rule adopted or order issued under this chapter may permit: (1) A broker-dealer that is registered in Canada or other foreign jurisdiction and that does not have a place of business in this state to effect transactions in securities with or for or attempt to effect the purchase or sale of any securities by: (A) An individual from Canada or other foreign jurisdiction who is temporarily present in this state and with whom the broker-dealer had a bona fide customer relationship before the individual entered the United States; (B) An individual from Canada or other foreign jurisdiction who is present in this state and whose transactions are in a self-directed tax advantaged retirement plan of which the individual is the holder or contributor in that foreign jurisdiction; or (C) An individual who is present in this state, with whom the broker-dealer customer relationship arose while the individual was temporarily or permanently resident in Canada or the other foreign jurisdiction; and FRIDAY, APRIL 4, 2008 4065 (2) An agent who represents a broker-dealer that is exempt under this subsection to effect transactions in securities or attempt to effect the purchase or sale of securities in this state as permitted for a broker-dealer described in paragraph (1) of this subsection. 10-5-31. (a) It is unlawful for an individual to transact business in this state as an agent unless the individual is registered under this chapter as an agent or is exempt from registration as an agent under subsection (b) of this Code section. (b) The following individuals are exempt from the registration requirement of subsection (a) of this Code section: (1) An individual who represents a broker-dealer in effecting transactions in this state limited to those described in Section 15(h)(2) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78(h)(2); (2) An individual who represents a broker-dealer that is exempt under subsection (b) or (d) of Code Section 10-5-30; (3) An individual who represents an issuer with respect to an offer or sale of the issuers own securities or those of the issuers parent or any of the issuers subsidiaries and who is not compensated in connection with the individuals participation by the payment of commissions or other remuneration based, directly or indirectly, on transactions in those securities; (4) An individual who represents an issuer and who effects transactions in the issuers securities exempted by Code Section 10-5-11, with the exception of paragraphs (11) and (14) of that Code section; (5) An individual who represents an issuer that effects transactions solely in federal covered securities of the issuer, but an individual who effects transactions in a federal covered security under Section 18(b)(3) or 18(b)(4)(D) of the Securities Act of 1933, 15 U.S.C. Section 77r(b)(3) or 77r(b)(4)(D), is not exempt if the individual is compensated in connection with the agents participation by the payment of commissions or other remuneration based, directly or indirectly, on transactions in those securities; (6) An individual who represents a broker-dealer registered in this state under subsection (a) of Code Section 10-5-30 or exempt from registration under subsection (b) of Code Section 10-5-30 in the offer and sale of securities for an account of a nonaffiliated federal covered investment adviser with investments under management in excess of $100 million acting for the account of others pursuant to discretionary authority in a signed record; (7) An individual who represents an issuer in connection with the purchase of the issuers own securities; (8) An individual who represents an issuer and who restricts participation to performing clerical or ministerial acts; or (9) Any other individual exempted by rule adopted or order issued under this chapter. (c) The registration of an agent is effective only while the agent is employed by or 4066 JOURNAL OF THE SENATE associated with a broker-dealer registered under this chapter or an issuer that is offering, selling, or purchasing its securities in this state. (d) It is unlawful for a broker-dealer or an issuer engaged in offering, selling, or purchasing securities in this state to employ or associate with an agent who transacts business in this state on behalf of broker-dealers or issuers unless the agent is registered under subsection (a) of this Code section or exempt from registration under subsection (b) of this Code section. (e) An individual may not act as an agent for more than one broker-dealer or one issuer at a time, unless the broker-dealers and the issuers for which the agent acts are affiliated by direct or indirect common control or are authorized by rule adopted or order issued under this chapter. 10-5-32. (a) It is unlawful for a person to transact business in this state as an investment adviser unless the person is registered under this chapter as an investment adviser or is exempt from registration as an investment adviser under subsection (b) of this Code section. (b) The following persons are exempt from the registration requirement of subsection (a) of this Code section: (1) A person without a place of business in this state that is registered under the securities act of the state in which the person has its principal place of business if its only clients in this state are: (A) Federal covered investment advisers, investment advisers registered under this chapter, or broker-dealers registered under this chapter; (B) Institutional investors; (C) Bona fide preexisting clients whose principal places of residence are not in this state if the investment adviser is registered under the securities act of the state in which the clients maintain principal places of residence; or (D) Any other client exempted by rule adopted or order issued under this chapter; (2) A person without a place of business in this state if the person has had, during the preceding 12 months, not more than five clients that are resident in this state in addition to those specified under paragraph (1) of this subsection; or (3) Any other person exempted by rule adopted or order issued under this chapter. (c) It is unlawful for an investment adviser, directly or indirectly, to employ or associate with an individual to engage in an activity related to investment advice in this state if the registration of the individual is suspended or revoked or the individual is barred from employment or association with an investment adviser, federal covered investment adviser, or broker-dealer by an order issued under this chapter, the Securities and Exchange Commission, or a self-regulatory organization unless the investment adviser did not know, and in the exercise of reasonable care could not have known, of the suspension, revocation, or bar. Upon request from the investment adviser and for good cause, the Commissioner, by order, may waive, in whole or in part, the application of the prohibitions of this subsection to the investment adviser. (d) It is unlawful for an investment adviser to employ or associate with an individual FRIDAY, APRIL 4, 2008 4067 required to be registered under this chapter as an investment adviser representative who transacts business in this state on behalf of the investment adviser unless the individual is registered under subsection (a) of Code Section 10-5-33 or is exempt from registration under subsection (b) of Code Section 10-5-33. 10-5-33. (a) It is unlawful for an individual to transact business in this state as an investment adviser representative unless the individual is registered under this chapter as an investment adviser representative or is exempt from registration as an investment adviser under subsection (b) of this Code section. (b) The following individuals are exempt from the registration requirement of subsection (a) of this Code section: (1) An individual who is employed by or associated with an investment adviser that is exempt from registration under subsection (b) of Code Section 10-5-32 or a federal covered investment adviser that is excluded from the notice filing requirements of Code Section 10-5-34; and (2) Any other individual exempted by rule adopted or order issued under this chapter. (c) The registration of an investment adviser representative is not effective while the investment adviser representative is not employed by or associated with an investment adviser registered under this chapter or a federal covered investment adviser that has made or is required to make a notice filing under Code Section 10-5-34. (d) An individual may transact business as an investment adviser representative for more than one investment adviser or federal covered investment adviser unless a rule adopted or order issued under this chapter prohibits or limits an individual from acting as an investment adviser representative for more than one investment adviser or federal covered investment adviser. (e) It is unlawful for an individual acting as an investment adviser representative, directly or indirectly, to conduct business in this state on behalf of an investment adviser or a federal covered investment adviser if the registration of the individual as an investment adviser representative is suspended or revoked or the individual is barred from employment or association with an investment adviser or a federal covered investment adviser by an order issued under this chapter, the Securities and Exchange Commission, or a self-regulatory organization. Upon request from a federal covered investment adviser and for good cause, the Commissioner, by order, may waive, in whole or in part, the application of the requirements of this subsection to the federal covered investment adviser. (f) An investment adviser registered under this chapter, a federal covered investment adviser that has filed a notice under Code Section 10-5-34, or a broker-dealer registered under this chapter is not required to employ or associate with an individual as an investment adviser representative if the only compensation paid to the individual for a referral of investment advisory clients is paid to an investment adviser registered under this chapter, a federal covered investment adviser who has filed a notice under Code Section 10-5-34, or a broker-dealer registered under this chapter with which the 4068 JOURNAL OF THE SENATE individual is employed or associated as an investment adviser representative. 10-5-34. (a) Except with respect to a federal covered investment adviser described in subsection (b) of this Code section, it is unlawful for a federal covered investment adviser to transact business in this state as a federal covered investment adviser unless the federal covered investment adviser complies with subsection (c) of this Code section. (b) The following federal covered investment advisers are not required to comply with subsection (c) of this Code section: (1) A federal covered investment adviser without a place of business in this state if its only clients in this state are: (A) Federal covered investment advisers, investment advisers registered under this chapter, and broker-dealers registered under this chapter; (B) Institutional investors; (C) Bona fide preexisting clients whose principal places of residence are not in this state; or (D) Other clients specified by rule adopted or order issued under this chapter; (2) A federal covered investment adviser without a place of business in this state if the person has had, during the preceding 12 months, not more than five clients that are resident in this state in addition to those specified under paragraph (1) of this subsection; and (3) Any other person excluded by rule adopted or order issued under this chapter. (c) A person acting as a federal covered investment adviser, not excluded under subsection (b) of this Code section, shall file a notice, a consent to service of process complying with Code Section 10-5-80 and such records as have been filed with the Securities and Exchange Commission under the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-1, et seq., required by rule adopted or order issued under this chapter and pay the fees specified in subsection (e) of Code Section 10-5-39. (d) The notice under subsection (c) of this Code section becomes effective upon its filing. 10-5-35. (a) A person shall register as a broker-dealer, agent, investment adviser, or investment adviser representative by filing an application and a consent to service of process complying with Code Section 10-5-80, and paying the fee specified in Code Section 105-39 and any reasonable fees charged by the Commissioner for processing the filing. The application must contain: (1) The information or records required for the filing of a uniform application as required for applicants registering through the Central Registration Depository and the Investment Adviser Registration Depository, as applicable; and (2) Upon request by the Commissioner, any other financial or other information or record that the Commissioner determines is appropriate; (b)(1) Each individual filing an application to become a salesperson, limited FRIDAY, APRIL 4, 2008 4069 salesperson, designated salesperson, investment adviser, federal covered adviser, or investment adviser representative shall be fingerprinted and have a criminal record check as required by this subsection. (2) Fingerprints shall be in such form and quality as shall be acceptable for submission to the National Crime Information Center under standards adopted by the Federal Bureau of Investigation or the United States Department of Justice. It shall be the duty of each law enforcement agency in this state to fingerprint those persons required to be fingerprinted by this subsection. (3) At the discretion of the Commissioner, fees required for a criminal record check by the Georgia Crime Information Center, the National Crime Information Center, the Federal Bureau of Investigation, or the United States Department of Justice shall be paid by the applicant. (4) The Commissioner shall transmit two sets of fingerprints to the Georgia Crime Information Center, which shall submit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain one set of fingerprints and promptly conduct a search of state records. After receiving a report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the Commissioner shall determine whether the applicant shall be licensed. If the applicants fingerprints had been previously submitted for review to the Central Registration Depository in connection with federal or state licensing, the Commissioner may review and rely upon the criminal history reported pursuant thereto. (5) The Commissioner shall notify the applicant of his or her rights to challenge the accuracy and completeness of any information provided by the Georgia Crime Information Center or the National Crime Information Center. (6) Information provided by the Georgia Crime Information Center or the National Crime Information Center shall be used only for those purposes allowed by Code Section 35-3-35 or by applicable federal laws, rules, or regulations. (7) Neither the Georgia Crime Information Center, the Commissioner, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of the information contained in the criminal background check nor incur any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this subsection. (8) The Commissioner shall be authorized to adopt rules and regulations necessary to implement the provisions of this subsection. (c) If the information or record contained in an application filed under subsection (a) of this Code section is or becomes inaccurate or incomplete in a material respect, the registrant shall promptly file a correcting amendment. (d) If an order is not in effect and a proceeding is not pending under Code Section 105-41, registration becomes effective at noon on the forty-fifth day after a completed application is filed unless the registration is denied. A rule adopted or order issued under this chapter may set an earlier effective date or may defer the effective date until 4070 JOURNAL OF THE SENATE noon on the forty-fifth day after the filing of any amendment completing the application. (e) A registration is effective until midnight on December 31 of the year for which the application for registration is filed. Unless an order is in effect under Code Section 105-41, a registration may be automatically renewed each year by filing such records as are required by rule adopted or order issued under this chapter, by paying the fee specified in Code Section 10-5-39, and by paying costs charged by the Commissioner for processing the filings. (f) A rule adopted or order issued under this chapter may impose such other conditions, not inconsistent with the National Securities Markets Improvement Act of 1996, 15 U.S.C. Section 80b-1, et seq. An order issued under this chapter may waive, in whole or in part, such requirements in connection with registration as are in the public interest and for the protection of investors. 10-5-36. (a) A broker-dealer or investment adviser may succeed to the current registration of another broker-dealer or investment adviser or a notice filing of a federal covered investment adviser and a federal covered investment adviser may succeed to the current registration of an investment adviser or notice filing of another federal covered investment adviser by filing as a successor an application for registration pursuant to Code Section 10-5-30 or 10-5-32 or a notice pursuant to Code Section 10-5-34 for the unexpired portion of the current registration or notice filing. (b) A broker-dealer or investment adviser that changes its form of organization or state of incorporation or organization may continue its registration by filing an amendment to its registration if the change does not involve a material change in its financial condition or management. The amendment becomes effective when filed or on a date designated by the registrant in its filing. The new organization is a successor to the original registrant for the purposes of this chapter. If there is a material change in financial condition or management, the broker-dealer or investment adviser shall file a new application for registration. A predecessor registered under this chapter shall stop conducting its securities business other than winding down transactions and shall file for withdrawal of broker-dealer or investment adviser registration within 45 days after filing its amendment to effect succession. (c) A broker-dealer or investment adviser that changes its name may continue its registration by filing an amendment to its registration. The amendment becomes effective when filed or on a date designated by the registrant. (d) A change of control of a broker-dealer or investment adviser may be made in accordance with a rule adopted or order issued under this chapter. 10-5-37. (a) If an agent registered under this chapter terminates employment by or association with a broker-dealer or issuer or if an investment adviser representative registered under this chapter terminates employment by or association with an investment adviser or FRIDAY, APRIL 4, 2008 4071 federal covered investment adviser or if either registrant terminates activities that require registration as an agent or investment adviser representative, the broker-dealer, issuer, investment adviser or federal covered investment adviser shall promptly file a notice of termination. If the registrant learns that the broker-dealer, issuer, investment adviser, or federal covered investment adviser has not filed the notice, the registrant may do so. (b) If an agent registered under this chapter terminates employment by or association with a broker-dealer registered under this chapter and begins employment by or association with another broker-dealer registered under this chapter or if an investment adviser representative registered under this chapter terminates employment by or association with an investment adviser registered under this chapter or a federal covered investment adviser that has filed a notice under Code Section 10-5-34 and begins employment by or association with another investment adviser registered under this chapter or a federal covered investment adviser that has filed a notice under Code Section 10-5-34, then upon the filing by or on behalf of the registrant, within 30 days after the termination, of an application for registration that complies with the requirement of subsection (a) of Code Section 10-5-35 and payment of the filing fee required under Code Section 10-5-39, the registration of the agent or investment adviser representative is: (1) Immediately effective as of the date of the completed filing if the agents Central Registration Depository record or successor record or the investment adviser representatives Investment Adviser Registration Depository record or successor record does not contain a new or amended disciplinary disclosure within the previous 12 months; or (2) Temporarily effective as of the date of the completed filing if the agents Central Registration Depository record or successor record or the investment adviser representatives Investment Adviser Registration Depository record or successor record contains a new or amended disciplinary disclosure within the preceding 12 months. (c) The Commissioner may withdraw a temporary registration if there are or were grounds for discipline as specified in Code Section 10-5-41 and the Commissioner does so within 30 days after the filing of the application. If the Commissioner does not withdraw the temporary registration within the 30 day period, registration becomes automatically effective on the thirty-first day after filing. (d) The Commissioner may prevent the effectiveness of a transfer of an agent or investment adviser representative under subsection (b) of this Code section based on the public interest and the protection of investors. (e) If the Commissioner determines that a registrant or applicant for registration is no longer in existence or has ceased to act as a broker-dealer, agent, investment adviser, or investment adviser representative or is the subject of an adjudication of incapacity or is subject to the control of a committee, conservator, or guardian or cannot reasonably be located, a rule adopted or order issued under this chapter may require the registration be canceled or terminated or the application denied. The Commissioner may reinstate a 4072 JOURNAL OF THE SENATE canceled or terminated registration, with or without hearing, and may make the registration retroactive. 10-5-38. Withdrawal of registration by a broker-dealer, agent, investment adviser, or investment adviser representative becomes effective 60 days after the filing of the application to withdraw or within any shorter period as provided by rule adopted or order issued under this chapter unless a revocation or suspension proceeding is pending when the application is filed. If a proceeding is pending, withdrawal becomes effective when and upon such conditions as required by rule adopted or order issued under this chapter. The Commissioner may institute a revocation or suspension proceeding under Code Section 10-5-41 within one year after the withdrawal became effective automatically and issue a revocation or suspension order as of the last date on which registration was effective if a proceeding is not pending. 10-5-39. (a) A person shall pay a fee of $250.00 when initially filing an application for registration as a broker-dealer and a fee of $100.00 when filing a renewal of registration as a broker-dealer. If the filing results in a denial or withdrawal, the Commissioner shall retain the fee. (b) The fee for an individual is $50.00 when filing an application for registration as an agent, $40.00 when filing a renewal of registration as an agent, and $30.00 when filing for a change of registration as an agent. If the filing results in a denial or withdrawal, the Commissioner shall retain the fee. (c) A person shall pay a fee of $250.00 when filing an application for registration as an investment adviser and a fee of $100.00 when filing a renewal of registration as an investment adviser. If the filing results in a denial or withdrawal, the Commissioner shall retain the fee. (d) The fee for an individual is $250.00 when filing an application for registration as an investment adviser representative, a fee of $100.00 when filing a renewal of registration as an investment adviser representative, and a fee of $50.00 when filing a change of registration as an investment adviser representative. If the filing results in a denial or withdrawal, the Commissioner shall retain the fee. (e) A federal covered investment adviser required to file a notice under Code Section 10-5-34 shall pay an initial fee of $250.00 and an annual notice fee of $100.00. (f) A person required to pay a filing or notice fee under this Code section may transmit the fee through or to a designee as a rule adopted or order issued provides under this chapter. (g) An investment adviser representative who is registered as an agent under Code Section 10-5-31 and who represents a person that is both registered as a broker-dealer under Code Section 10-5-30 and registered as an investment adviser under Code Section 10-5-32 or required as a federal covered investment adviser to make a notice filing under Code Section 10-5-34 is not required to pay an initial or annual registration FRIDAY, APRIL 4, 2008 4073 fee for registration as an investment adviser representative. 10-5-40. (a) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78o(h), or Section 222 of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b22, a rule adopted or order issued under this chapter may establish minimum financial requirements for broker-dealers registered or required to be registered under this chapter and investment advisers registered or required to be registered under this chapter. (b) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78o(h), or Section 222(b) of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-22, a broker-dealer registered or required to be registered under this chapter and an investment adviser registered or required to be registered under this chapter shall file such financial reports, if any, as are required by a rule adopted or order issued under this chapter. If the information contained in a record filed under this subsection is or becomes inaccurate or incomplete in a material respect, the registrant shall promptly file a correcting amendment. (c) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78o(h), or Section 222 of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b22: (1) A broker-dealer registered or required to be registered under this chapter and an investment adviser registered or required to be registered under this chapter shall make and maintain the accounts, correspondence, memoranda, papers, books, and other records required by rule adopted or order issued under this chapter; (2) Broker-dealer records required to be maintained under paragraph (1) of this subsection may be maintained in any form of data storage acceptable under Section 17(a) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78q(a), if they are readily accessible to the Commissioner; and (3) Investment adviser records required to be maintained under paragraph (1) of this subsection may be maintained in any form of data storage required by rule adopted or order issued under this chapter. (d) The records of a broker-dealer registered or required to be registered under this chapter and of an investment adviser registered or required to be registered under this chapter are subject to such reasonable, periodic, special, or other audits or inspections by a representative of the Commissioner, inside or outside this state, as the Commissioner considers necessary or appropriate in the public interest and for the protection of investors. An audit or inspection may be made at any time and without prior notice. The Commissioner may copy, and remove for audit or inspection copies of, all records the Commissioner reasonably considers necessary or appropriate to conduct the audit or inspection. The Commissioner may assess a reasonable charge for conducting an audit or inspection under this subsection. (e) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78o(h), or Section 222 of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b- 4074 JOURNAL OF THE SENATE 22, a rule adopted or order issued under this chapter may require a broker-dealer or investment adviser that has custody of or discretionary authority over funds or securities of a customer or client to obtain insurance or post a bond or other satisfactory form of security in an amount not to exceed $25,000.00. The Commissioner may determine the requirements of the insurance, bond, or other satisfactory form of security. Insurance or a bond or other satisfactory form of security may not be required of a broker-dealer registered under this chapter whose net capital exceeds or of an investment adviser registered under this chapter whose minimum financial requirements exceed the amounts required by rule adopted or order issued under this chapter. The insurance, bond, or other satisfactory form of security must permit an action by a person to enforce any liability on the insurance, bond, or other satisfactory form of security if instituted within the time limitations in paragraph (2) of subsection (j) of Code Section 10-5-58. (f) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78o(h), or Section 222 of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b22, an agent may not have custody of funds or securities of a customer except under the supervision of a broker-dealer and an investment adviser representative may not have custody of funds or securities of a client except under the supervision of an investment adviser or a federal covered investment adviser. A rule adopted or order issued under this chapter may prohibit, limit, or impose conditions on a broker-dealer regarding custody of funds or securities of a customer and on an investment adviser regarding custody of securities or funds of a client. (g) With respect to an investment adviser registered or required to be registered under this chapter, a rule adopted or order issued under this chapter may require that information or other record be furnished or disseminated to clients or prospective clients in this state as necessary or appropriate in the public interest and for the protection of investors and advisory clients. (h) A rule adopted or order issued under this chapter may require an individual registered under Code Section 10-5-31 or 10-5-33 to participate in a continuing education program approved by the Securities and Exchange Commission and administered by a self-regulatory organization or, in the absence of such a program, a rule adopted or order issued under this chapter may require continuing education for an individual registered under Code Section 10-5-33. 10-5-41. (a) If the Commissioner finds that the order is in the public interest and subsection (d) of this Code section authorizes the action, an order issued under this chapter may deny an application or may condition or limit registration: (1) Of an applicant to be a broker-dealer, agent, investment adviser, or investment adviser representative; and (2) If the applicant is a broker-dealer or investment adviser, of any partner, officer, director, person having a similar status or performing similar functions, or person directly or indirectly controlling the broker-dealer or investment adviser. FRIDAY, APRIL 4, 2008 4075 (b) If the Commissioner finds that the order is in the public interest and subsection (d) of this Code section authorizes the action, an order issued under this chapter may revoke, suspend, condition, or limit the registration of a registrant and if the registrant is a broker-dealer or investment adviser, any partner, officer, or director, any person having a similar status or performing similar functions, or any person directly or indirectly controlling the broker-dealer or investment adviser. However, the Commissioner: (1) May not institute a revocation or suspension proceeding under this subsection based on an order issued by another state that is reported to the Commissioner later than one year after the date of the order on which it is based; and (2) Under subparagraphs (d)(5)(A) and (d)(5)(B) of this Code section may not issue an order on the basis of an order under the state securities act of another state unless the other order was based on conduct for which subsection (d) of this Code section would authorize the action had the conduct occurred in this state. (c) If the Commissioner finds that the order is in the public interest and paragraphs (1) through (6) and (8) through (13) of subsection (d) of this Code section authorize the action, an order under this chapter may censure, impose a bar, or impose a civil penalty in an amount not to exceed a maximum of $50,000.00 for a single violation or $500,000.00 for several violations on a registrant and if the registrant is a broker-dealer or investment adviser, any partner, officer, or director, any person having similar functions or any person directly or indirectly controlling the broker-dealer or investment adviser. (d) A person may be disciplined under subsections (a) through (c) of this Code section if the person: (1) Has filed an application for registration in this state under this chapter or the predecessor Act within the previous ten years, which, as of the effective date of registration or as of any date after filing in the case of an order denying effectiveness, was incomplete in any material respect or contained a statement that, in light of the circumstances under which it was made, was false or misleading with respect to a material fact; (2) Willfully violated or willfully failed to comply with this chapter or the predecessor Act or a rule adopted or order issued under this chapter or the predecessor Act within the previous ten years; (3) Has been convicted of a felony or within the previous ten years has been convicted of a misdemeanor involving a security, a commodity future or option contract, or an aspect of a business involving securities, commodities, investments, franchises, insurance, banking, or finance; (4) Is enjoined or restrained by a court of competent jurisdiction in an action instituted by the Commissioner under this chapter or the predecessor Act, a state, the Securities and Exchange Commission, or the United States from engaging in or continuing an act, practice, or course of business involving an aspect of a business involving securities, commodities, investments, franchises, insurance, banking, or finance; 4076 JOURNAL OF THE SENATE (5) Is the subject of an order, issued after notice and opportunity for hearing by: (A) The securities, depository institution, insurance, or other financial services administrator of a state or by the Securities and Exchange Commission or other federal agency denying, revoking, barring, or suspending registration as a brokerdealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative; (B) The securities administrator of a state or by the Securities and Exchange Commission against a broker-dealer, agent, investment adviser, investment adviser representative, or federal covered investment adviser; (C) The Securities and Exchange Commission or by a self-regulatory organization suspending or expelling the registrant from membership in the self-regulatory organization; (D) A court adjudicating a United States Postal Service fraud order; (E) The insurance regulator of a state denying, suspending, or revoking the registration of an insurance agent; or (F) A depository institution regulator suspending or barring a person from the depository institution business; (6) Is the subject of an adjudication or determination, after notice and opportunity for hearing, by the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Federal Trade Commission, a federal depository institution regulator, or a depository institution, insurance, or other financial services administrator of a state that the person willfully violated the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-1, et seq., the Investment Company Act of 1940, 15 U.S.C. Section 80a-1, et seq., or the Commodity Exchange Act, 7 U.S.C. Section 1, et seq., the securities or commodities law of a state, or a federal or state law under which a business involving investments, franchises, insurance, banking, or finance is regulated; (7) Is insolvent, either because the persons liabilities exceed the persons assets or because the person cannot meet the persons obligations as they mature, but the Commissioner may not enter an order against an applicant or registrant under this paragraph without a finding of insolvency as to the applicant or registrant; (8) Refuses to allow or otherwise impedes the Commissioner from conducting an audit or inspection under subsection (d) of Code Section 10-5-40 or refuses access to a registrants office to conduct an audit or inspection under subsection (d) of Code Section 10-5-40; (9) Has failed to reasonably supervise an agent, investment adviser representative, or other individual, if the agent, investment adviser representative, or other individual was subject to the persons supervision and committed a violation of this chapter or the predecessor Act or a rule adopted or order issued under this chapter or the predecessor Act within the previous ten years; (10) Has not paid the proper filing fee within 30 days after having been notified by the Commissioner of a deficiency, but the Commissioner shall vacate an order under FRIDAY, APRIL 4, 2008 4077 this paragraph when the deficiency is corrected; (11) After notice and opportunity for a hearing, has been found within the previous ten years: (A) By a court of competent jurisdiction to have willfully violated the laws of a foreign jurisdiction under which the business of securities, commodities, investment, franchises, insurance, banking, or finance is regulated; (B) To have been the subject of an order of a securities administrator of a foreign jurisdiction denying, revoking, or suspending the right to engage in the business of securities as a broker-dealer, agent, investment adviser, investment adviser representative, or similar person; or (C) To have been suspended or expelled from membership by or participation in a securities exchange or securities association operating under the securities laws of a foreign jurisdiction; (12) Is the subject of a cease and desist order issued by the Securities and Exchange Commission or issued under the securities, commodities, investment, franchise, banking, finance, or insurance laws of a state; (13) Has engaged in dishonest or unethical practices in the securities, commodities, investment, franchise, banking, finance, or insurance business within the previous ten years; or (14) Is not qualified on the basis of factors such as training, experience, and knowledge of the securities business. However, in the case of an application by an agent for a broker-dealer that is a member of a self-regulatory organization or by an individual for registration as an investment adviser representative, a denial order may not be based on this paragraph if the individual has successfully completed all examinations required by subsection (e) of this Code section. The Commissioner may require an applicant for registration under Code Section 10-5-31 or 10-5-33 who has not been registered in a state within the two years preceding the filing of an application in this state to successfully complete an examination. (e) A rule adopted or order issued under this chapter may require that an examination, including an examination developed or approved by an organization of securities regulators, be successfully completed by a class of individuals or all individuals. An order issued under this chapter may waive, in whole or in part, an examination as to an individual and a rule adopted under this chapter may waive, in whole or in part, an examination as to a class of individuals if the Commissioner determines that the examination is not necessary or appropriate in the public interest and for the protection of investors. (f) The Commissioner may suspend or deny an application summarily; restrict, condition, limit, or suspend a registration; or censure, bar, or impose a civil penalty on a registrant before final determination of an administrative proceeding. Upon the issuance of an order, the Commissioner shall promptly notify each person subject to the order that the order has been issued, the reasons for the action, and that within 30 days after the receipt of a request in a record from the person the matter will be scheduled for a hearing. If a hearing is not requested and none is ordered by the Commissioner 4078 JOURNAL OF THE SENATE within 30 days after the date of service of the order, the order becomes final by operation of law. If a hearing is requested or ordered, the Commissioner, after notice of and opportunity for hearing to each person subject to the order, may modify or vacate the order or extend the order until final determination. (g) Except under subsection (f) of this Code section, an order may not be issued under this Code section without: (1) Appropriate notice to the applicant or registrant; (2) Opportunity for hearing; and (3) Findings of fact and conclusions of law in a record in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (h) A person that controls, directly or indirectly, a person not in compliance with this Code section may be disciplined by order of the Commissioner under subsections (a) through (c) of this Code section to the same extent as the noncomplying person, unless the controlling person did not know, and in the exercise of reasonable care could not have known, of the existence of conduct that is a ground for discipline under this Code section. (i) The Commissioner may not institute a proceeding under subsection (a), (b), or (c) of this Code section based solely on material facts actually known by the Commissioner unless an investigation or the proceeding is instituted within one year after the Commissioner actually acquires knowledge of the material facts. ARTICLE 5 10-5-50. It is unlawful for a person, in connection with the offer, sale, or purchase of a security, directly or indirectly: (1) To employ a device, scheme, or artifice to defraud; (2) To make an untrue statement of a material fact or to omit to state a material fact necessary in order to make the statement made, in the light of the circumstances under which it is made, not misleading; or (3) To engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon another person. 10-5-51. (a) It is unlawful for a person that advises others for compensation, either directly or indirectly, or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as part of a regular business, issues or promulgates analyses or reports relating to securities: (1) To employ a device, scheme, or artifice to defraud another person; or (2) To engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon another person. (b) A rule adopted under this chapter may define an act, practice, or course of business of an investment adviser or an investment adviser representative, other than a FRIDAY, APRIL 4, 2008 4079 supervised person of a federal covered investment adviser, as fraudulent, deceptive, or manipulative and prescribe means reasonably designed to prevent investment advisers and investment adviser representatives, other than supervised persons of a federal covered investment adviser, from engaging in acts, practices, and courses of business defined as fraudulent, deceptive, or manipulative. (c) A rule adopted under this chapter may specify the contents of an investment advisory contract entered into, extended, or renewed by an investment adviser. 10-5-52. (a) In a civil action or administrative proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion has the burden to prove the applicability of the claim. (b) In a criminal proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion has the burden of going forward with evidence of the claim. 10-5-53. (a) Except as otherwise provided in subsection (b) of this Code section, a rule adopted or order issued under this chapter may require the filing of a prospectus, pamphlet, circular, form letter, advertisement, sales literature, or other advertising record relating to a security or investment advice, addressed or intended for distribution to prospective investors, including clients or prospective clients of a person registered or required to be registered as an investment adviser under this chapter. (b) This Code section does not apply to sales and advertising literature specified in subsection (a) of this Code section which relates to a federal covered security, a federal covered investment adviser, or a security or transaction exempted by Code Sections 10-5-10 through 10-5-12, except as required pursuant to paragraph (7) of Code Section 10-5-10. 10-5-54. It is unlawful for a person to make or cause to be made, in a record that is used in an action or proceeding or filed under this chapter, a statement that, at the time and in the light of the circumstances under which it is made, is false or misleading in a material respect, or, in connection with the statement, to omit to state a material fact necessary to make the statement made, in the light of the circumstances under which it was made, not false or misleading. 10-5-55. The filing of an application for registration, a registration statement, a notice filing under this chapter, the registration of a person, the notice filing by a person, or the registration of a security under this chapter does not constitute a finding by the Commissioner that a record filed under this chapter is true, complete, and not misleading. The filing or registration or the availability of an exemption, exception, 4080 JOURNAL OF THE SENATE preemption, or exclusion for a security or a transaction does not mean that the Commissioner has passed upon the merits or qualifications of, or recommended or given approval to, a person, security, or transaction. It is unlawful to make, or cause to be made, to a purchaser, customer, client, or prospective customer or client a representation inconsistent with this Code section. 10-5-56. A broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative is not liable to another broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative for defamation relating to a statement that is contained in a record required by the Commissioner, or a designee of the Commissioner, the Securities and Exchange Commission, or a self-regulatory organization, unless the person knew that it was false in a material respect or the person acted in reckless disregard of the statements truth or falsity. 10-5-57. (a) A person that willfully violates this chapter, or a rule adopted or order issued under this chapter, except Code Section 10-5-53 or the notice filing requirements of Code Section 10-5-21 or 10-5-34, or that willfully violates Code Section 10-5-54 knowing the statement made to be false or misleading in a material respect, upon conviction, shall be fined not more than $500,000.00 or imprisoned not more than five years, or both. An individual convicted of violating a rule adopted or order issued under this chapter may be fined but may not be imprisoned if the individual did not have knowledge of the rule or order. (b) The Attorney General or the proper prosecuting attorney with or without a reference from the Commissioner may institute criminal proceedings under this chapter. (c) This chapter does not limit the power of this state to punish a person for conduct that constitutes a crime under other laws of this state. 10-5-58. (a) Enforcement of civil liability under this Code section is subject to the Securities Litigation Uniform Standards Act of 1998, 112 Stat. 3227. (b) A person is liable to the purchaser if the person sells a security in violation of Code Section 10-5-20, or, by means of an untrue statement of a material fact or an omission to state a material fact necessary in order to make the statement made, in light of the circumstances under which it is made, not misleading, the purchaser not knowing the untruth or omission and the seller not sustaining the burden of proof that the seller did not know and, in the exercise of reasonable care, could not have known of the untruth or omission. An action under this subsection is governed by the following: (1) The purchaser may maintain an action to recover the consideration paid for the security, less the amount of any income received on the security, and interest at the legal rate of interest from the date of the purchase, costs, and reasonable attorney fees FRIDAY, APRIL 4, 2008 4081 determined by the court upon the tender of the security or for actual damages as provided in paragraph (3) of this subsection; (2) The tender referred to in paragraph (1) of this subsection may be made any time before entry of judgment. Tender requires only notice in a record of ownership of the security and willingness to exchange the security for the amount specified. A purchaser that no longer owns the security may recover actual damages as provided in paragraph (3) of this subsection; and (3) Actual damages in an action arising under this subsection are the amount that would be recoverable upon a tender less the value of the security when the purchaser disposed of it and interest at the legal rate of interest from the date of the purchase, costs, and reasonable attorney fees determined by the court. (c) A person is liable to the seller if the person buys a security by means of an untrue statement of a material fact or omission to state a material fact necessary in order to make the statement made, in light of the circumstances under which it is made, not misleading, the seller not knowing of the untruth or omission, and the purchaser not sustaining the burden of proof that the purchaser did not know, and in the exercise of reasonable care, could not have known of the untruth or omission. An action under this subsection is governed by the following: (1) The seller may maintain an action to recover the security and any income received on the security, costs, and reasonable attorney fees determined by the court upon the tender of the purchase price or for actual damages as provided in paragraph (3) of this subsection; (2) The tender referred to in paragraph (1) of this subsection may be made any time before entry of judgment. Tender requires only notice in a record of the present ability to pay the amount tendered and willingness to take delivery of the security for the amount specified. If the purchaser no longer owns the security, the seller may recover actual damages as provided in paragraph (3) of this subsection; and (3) Actual damages in an action arising under this subsection are the difference between the price at which the security was sold and the value the security would have had at the time of the sale in the absence of the purchasers conduct causing liability and interest at the legal rate of interest from the date of the sale of the security, costs, and reasonable attorney fees determined by the court. (d) A person acting as a broker-dealer or agent that sells or buys a security in violation of subsection (a) of Code Section 10-5-30, subsection (a) of Code Section 10-5-31, or Code Section 10-5-55 is liable to the customer. The customer, if a purchaser, may maintain an action for recovery of actual damages as specified in subsection (b) of this Code section, or, if a seller, for a remedy as specified in subsection (c) of this Code section. (e) A person acting as an investment adviser or investment adviser representative that provides investment advice for compensation in violation of subsection (a) of Code Section 10-5-32, subsection (a) of Code Section 10-5-33, or Code Section 10-5-55 is liable to the client. The client may maintain an action to recover the consideration paid for the advice, interest from the date of payment, costs, and reasonable attorney fees 4082 JOURNAL OF THE SENATE determined by the court. (f) A person that receives directly or indirectly any consideration for providing investment advice to another person and that employs a device, scheme, or artifice to defraud the other person or engages in an act, practice, or course of business that operates or would operate as a fraud or deceit on the other person is liable to the other person. An action under this subsection is governed by the following: (1) The person defrauded may maintain an action to recover the consideration paid for the advice and the amount of any actual damages caused by the fraudulent conduct, interest from the date of the fraudulent conduct, costs, and reasonable attorney fees determined by the court, less the amount of any income received as a result of the fraudulent conduct; and (2) This subsection does not apply to a broker-dealer or its agents if the investment advice provided is solely incidental to transacting business as a broker-dealer and no special compensation is received for the investment advice. (g) The following persons are liable jointly and severally with and to the same extent as persons liable under subsections (b) through (f) of this Code section: (1) A person that directly or indirectly controls a person liable under subsections (b) through (f) of this Code section, unless the controlling person sustains the burden of proof that the person did not know, and in the exercise of reasonable care could not have known, of the existence of conduct by reason of which the liability is alleged to exist; (2) An individual who is a managing partner, executive officer, or director of a person liable under subsections (b) through (f) of this Code section, including an individual having a similar status or performing similar functions, unless the individual sustains the burden of proof that the individual did not know and, in the exercise of reasonable care could not have known, of the existence of conduct by reason of which the liability is alleged to exist; (3) An individual who is an employee of or associated with a person liable under subsections (b) through (f) of this Code section and who materially aids the conduct giving rise to the liability, unless the individual sustains the burden of proof that the individual did not know and, in the exercise of reasonable care could not have known, of the existence of conduct by reason of which the liability is alleged to exist; and (4) A person that is a broker-dealer, agent, investment adviser, or investment adviser representative that materially aids the conduct giving rise to the liability under subsections (b) through (f) of this Code section, unless the person sustains the burden of proof that the person did not know and, in the exercise of reasonable care could not have known, of the existence of conduct by reason of which liability is alleged to exist. (h) A person liable under this Code section has a right of contribution as in cases of contract against any other person liable under this Code section for the same conduct. (i) A cause of action under this Code section survives the death of an individual who might have been a plaintiff or defendant. (j) A person may not obtain relief under subsection (b) of this Code section: FRIDAY, APRIL 4, 2008 4083 (1) For a violation of Code Section 10-5-20 or for a violation of subsection (d) or (e) of this Code section, unless the action is instituted within two years after the violation occurred; or (2) Other than for a violation of Code Section 10-5-20 or for a violation of subsection (c) or (f) of this Code section, unless the action is instituted within the earlier of two years after discovery of the facts constituting the violation or five years after the violation occurred. (k) A person that has made or has engaged in the performance of a contract in violation of this chapter or a rule adopted or order issued under this chapter or that has acquired a purported right under the contract with knowledge of conduct by reason of which its making or performance was in violation of this chapter may not base an action on the contract. (l) A condition, stipulation, or provision binding a person purchasing or selling a security or receiving investment advice to waive compliance with this chapter or a rule adopted or order issued under this chapter is void. (m) The rights and remedies provided by this chapter are in addition to any other rights or remedies that may exist, but this chapter does not create a cause of action not specified in this Code section or subsection (e) of Code Section 10-5-40. 10-5-59. A purchaser, seller, or recipient of investment advice may not maintain an action under Code Section 10-5-58 if: (1) The purchaser, seller, or recipient of investment advice receives in a record, before the action is instituted: (A) An offer stating the respect in which liability under Code Section 10-5-58 may have arisen and fairly advising the purchaser, seller, or recipient of investment advice of that persons rights in connection with the offer and any financial or other information necessary to correct all material misrepresentations or omissions in the information that was required by this chapter to be furnished to that person at the time of the purchase, sale, or investment advice; (B) If the basis for relief may have been a violation of subsection (b) of Code Section 10-5-58, an offer to repurchase the security for cash, payable on delivery of the security, equal to the consideration paid and interest from the date of the purchase, less the amount of any income received on the security; or, if the purchaser no longer owns the security, an offer to pay the purchaser upon acceptance of the offer damages in an amount that would be recoverable upon a tender, less the value of the security when the purchaser disposed of it and interest from the date of the purchase in cash equal to the damages computed in the manner provided in this subparagraph; (C) If the basis for relief may have been a violation of subsection (c) of Code Section 10-5-58, an offer to tender the security on payment by the seller of an amount equal to the purchase price paid, less income received on the security by the 4084 JOURNAL OF THE SENATE purchaser, and interest from the date of the sale; or, if the purchaser no longer owns the security, an offer to pay the seller upon acceptance of the offer, in cash, damages in the amount of the difference between the price at which the security was purchased and the value the security would have had at the time of the purchase in the absence of the purchasers conduct that may have caused liability and interest from the date of the sale; (D) If the basis for relief may have been a violation of subsection (d) of Code Section 10-5-58 and if the customer is a purchaser, an offer to pay as specified in subparagraph (B) of this paragraph; or, if the customer is a seller, an offer to tender or to pay as specified in subparagraph (C) of this paragraph; (E) If the basis for relief may have been a violation of subsection (e) of Code Section 10-5-58, an offer to reimburse in cash the consideration paid for the advice and interest from the date of payment; or (F) If the basis for relief may have been a violation of subsection (f) of Code Section 10-5-58, an offer to reimburse in cash the consideration paid for the advice, the amount of any actual damages that may have been caused by the conduct, and interest from the date of the violation causing the loss; (2) The offer under paragraph (1) of this Code section states that it must be accepted by the purchaser, seller, or recipient of investment advice within 30 days after the date of its receipt by the purchaser, seller, or recipient of investment advice or any shorter period, of not less than three days, that the Commissioner, by order, specifies; (3) The offeror has the present ability to pay the amount offered or to tender the security under paragraph (1) of this Code section; (4) The offer under paragraph (1) of this Code section is delivered to the purchaser, seller, or recipient of investment advice or sent in a manner that ensures receipt by the purchaser, seller, or recipient of investment advice; and (5) The purchaser, seller, or recipient of investment advice that accepts the offer under paragraph (1) of this Code section in a record within the period specified under paragraph (2) of this Code section is paid in accordance with the terms of the offer. ARTICLE 6 10-5-70. (a) The administration of this chapter shall be vested in the Secretary of State, who is designated as the Commissioner of Securities. (b) The Commissioner shall have the authority to administer oaths in and to prescribe forms for all matters arising under this chapter. The Commissioner shall cooperate with the administrators of the securities laws of other states and of the United States with a view to assisting those administrators in the enforcement of their securities and investment adviser laws and to achieving maximum uniformity in the interpretation of like provisions of the laws administered by them and in the forms which are required to be filed under such laws. (c) The Commissioner shall have authority to employ examiners, clerks and FRIDAY, APRIL 4, 2008 4085 stenographers, and other employees as the administration of this chapter may require. The Commissioner shall also have authority to appoint and employ investigators who shall have, in any case that there is reason to believe a violation of this chapter has occurred or is about to occur, the right and power to serve subpoenas and to swear out and execute search warrants and arrest warrants. (d) The Commissioner shall have the power to make such rules and regulations from time to time as he or she may deem necessary and proper for the enforcement of this chapter. Such rules and regulations shall be adopted, promulgated, and contested as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (e) The Commissioner or any persons employed by the Commissioner shall be paid, in addition to their regular compensation, the transportation fare, board, lodging, and other traveling expenses necessary and actually incurred by each of them in the performance of their duties under this chapter. (f) The Commissioner shall appoint, with the approval of the Governor, a person as assistant Commissioner and delegate such powers and duties under this chapter to such assistant Commissioner as he or she desires. (g) To encourage uniform interpretation and administration of this chapter and effective securities regulation and enforcement, the Commissioner may cooperate with the securities agencies or administrators of one or more states, Canadian provinces or territories, another country, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Securities Investor Protection Corporation, any selfregulatory organization, any national or international organization, securities officials or agencies, or any governmental law enforcement or regulatory agency. The cooperation authorized may include, but is not limited to, participation in a central registration depository under this chapter for documents or records required or allowed to be maintained under this chapter and the designation of any such system as an agent for registration or receipt. (h) Neither the Commissioner, the assistant Commissioner, nor any employee of the Commissioner may use for personal gain or benefit information filed with or obtained by the Commissioner which is not public information nor may the Commissioner, assistant Commissioner, or any employee of the Commissioner conduct securities dealings based upon information filed with or obtained by the Commissioner, even though such information is known to the public, if there has not been a sufficient period for the securities markets to assimilate the information. (i) This chapter does not create or diminish a privilege or exemption that exists at common law, by statute or rule, or otherwise. ( j) The Commissioner may develop and implement investor education initiatives to inform the public about investing in securities, with particular emphasis on the prevention and detection of securities fraud. In developing and implementing these initiatives, the Commissioner may collaborate with public and nonprofit organizations with an interest in investor education. This subsection does not authorize the Commissioner to require participation or monetary contributions of a registrant in an investor education program. 4086 JOURNAL OF THE SENATE 10-5-71. (a) The Commissioner may: (1) Conduct public or private investigations inside or outside this state which the Commissioner considers necessary or appropriate to determine whether a person has violated, is violating, or is about to violate this chapter or a rule adopted or order issued under this chapter or to aid in the enforcement of this chapter or in the adoption of rules and forms under this chapter; (2) Require or permit a person to testify, file a statement, or produce a record, under oath or otherwise as the Commissioner determines, as to all the facts and circumstances concerning a matter to be investigated or about which an action or proceeding is to be instituted; and (3) Publish a record concerning an action, proceeding, or an investigation under or a violation of this chapter or a rule adopted or order issued under this chapter if the Commissioner determines it is necessary or appropriate in the public interest and for the protection of investors. (b) For the purpose of an investigation under this chapter, the Commissioner or his or her designated officer may administer oaths and affirmations, subpoena witnesses, seek compulsion of attendance, take evidence, require the filing of statements, and require the production of any records that the Commissioner considers relevant or material to the investigation. (c) If a person does not appear or refuses to testify, file a statement, produce records, or otherwise does not obey a subpoena as required by the Commissioner under this chapter, the Commissioner may refer the matter to the Attorney General or the proper district attorney, who may apply to the superior court or a court of another state to enforce compliance. The court may: (1) Hold the person in contempt; (2) Order the person to appear before the Commissioner; (3) Order the person to testify about the matter under investigation or in question; (4) Order the production of records; (5) Grant injunctive relief, including restricting or prohibiting the offer or sale of securities or the providing of investment advice; (6) Impose a civil penalty of not less than $5,000.00 and not greater than $50,000.00 for each violation; and (7) Grant any other necessary or appropriate relief. (d) This Code section does not preclude a person from applying to superior court or a court of another state for relief from a request to appear, testify, file a statement, produce records, or obey a subpoena. (e) An individual is not excused from attending, testifying, filing a statement, producing a record or other evidence, or obeying a subpoena of the Commissioner under this chapter or in an action or proceeding instituted by the Commissioner under this chapter on the ground that the required testimony, statement, record, or other evidence, directly or indirectly, may tend to incriminate the individual or subject the individual to a criminal fine, penalty, or forfeiture. If the individual refuses to testify, FRIDAY, APRIL 4, 2008 4087 file a statement, or produce a record or other evidence on the basis of the individuals privilege against self-incrimination, the Commissioner may apply to superior court to compel the testimony, the filing of the statement, the production of the record, or the giving of other evidence. The testimony, record, or other evidence compelled under such an order may not be used, directly or indirectly, against the individual in a criminal case, except in a prosecution for perjury or contempt or otherwise failing to comply with the order. (f) At the request of the securities administrator of another state or a foreign jurisdiction, the Commissioner may provide assistance if the requesting administrator states that it is conducting an investigation to determine whether a person has violated, is violating, or is about to violate a law or rule of the other state or foreign jurisdiction relating to securities matters that the requesting administrator regulates or enforces. The Commissioner may provide the assistance by using the authority to investigate and the powers conferred by this Code section as the Commissioner determines is necessary or appropriate. The assistance may be provided without regard to whether the conduct described in the request would also constitute a violation of this chapter or other law of this state if occurring in this state. In deciding whether to provide the assistance, the Commissioner may consider whether the requesting administrator is permitted and has agreed to provide assistance reciprocally within its state or foreign jurisdiction to the Commissioner on securities matters when requested; whether compliance with the request would violate or prejudice the public policy of this state; and the availability of resources and employees of the Commissioner to carry out the request for assistance. (g) In the case of any investigation conducted under this Code section, the Commissioner may appoint an investigative agent who shall have the same investigative powers and authority as the Commissioner. The agent shall possess such qualifications as the Commissioner may require. 10-5-67. (a) If the Commissioner believes that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter or that a person has, is, or is about to engage in an act, practice, or course of business that materially aids a violation of this chapter or a rule adopted or order issued under this chapter, the Commissioner may maintain an action in the superior court to enjoin the act, practice, or course of business and to enforce compliance with this chapter or a rule adopted or order issued under this chapter. (b) In an action under this Code section and on a proper showing, the court may: (1) Issue a permanent or temporary injunction, restraining order, or declaratory judgment; (2) Order other appropriate or ancillary relief, which may include: (A) An asset freeze, accounting, writ of attachment, writ of general or specific execution, and appointment of a receiver or conservator, that may be the Commissioner, for the defendant or the defendants assets; 4088 JOURNAL OF THE SENATE (B) Ordering the Commissioner to take charge and control of a defendants property, including investment accounts and accounts in a depository institution, rents, and profits; to collect debts; and to acquire and dispose of property; (C) Imposing a civil penalty up to $50,000.00 for a single violation or up to $500,000.00 for more than one violation; an order of rescission, restitution, or disgorgement directed to a person that has engaged in an act, practice, or course of business constituting a violation of this chapter or the predecessor Act or a rule adopted or order issued under this chapter or the predecessor Act; and (D) Ordering the payment of prejudgment and postjudgment interest; or (3) Order such other relief as the court considers appropriate. (c) The Commissioner may not be required to post a bond in an action or proceeding under this chapter. 10-5-73. (a) If the Commissioner determines that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter or that a person has materially aided, is materially aiding, or is about to materially aid an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter, the Commissioner may: (1) Issue an order directing the person to cease and desist from engaging in the act, practice, or course of business or to take other action necessary or appropriate to comply with this chapter; (2) Issue an order denying, suspending, revoking, or conditioning the exemptions for a broker-dealer under subparagraph (b)(1)(D) or (b)(1)(F) of Code Section 10-5-30 or an investment adviser under subparagraph (b)(1)(C) of Code Section 10-5-32; or (3) Issue an order under Code Section 10-5-13. (b) An order under subsection (a) of this Code section is effective on the date of issuance. Upon issuance of the order, the Commissioner shall promptly serve each person subject to the order with a copy of the order and a notice that the order has been entered. The order must include a statement whether the Commissioner will seek a civil penalty or costs of the investigation, a statement of the reasons for the order, and notice that, within 30 days after receipt of a request in a record from the person, the matter will be scheduled for a hearing. If a person subject to the order does not request a hearing and none is ordered by the Commissioner within 30 days after the date of service of the order, the order becomes final as to that person by operation of law. If a hearing is requested or ordered, the Commissioner, after notice of and opportunity for hearing to each person subject to the order, may modify or vacate the order or extend it until final determination. (c) If a hearing is requested or ordered pursuant to subsection (b) of this Code section, a hearing must be held pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act' and this chapter. A final order may not be issued unless the Commissioner makes findings of fact and conclusions of law in a record. The final FRIDAY, APRIL 4, 2008 4089 order may make final, vacate, or modify the order issued under subsection (a) of this Code section. (d) In a final order under subsection (c) of this Code section, the Commissioner may impose a civil penalty up to $50,000.00 for a single violation or up to $500,000.00 for more than one violation. (e) In a final order under subsection (c) of this Code section, the Commissioner may charge the actual cost of an investigation or proceeding for a violation of this chapter or a rule adopted or order issued under this chapter. (f) If a petition for judicial review of a final order is not filed in accordance with Code Section 10-5-78, the Commissioner may file a certified copy of the final order with the clerk of a court of competent jurisdiction. The order so filed has the same effect as a judgment of the court and may be recorded, enforced, or satisfied in the same manner as a judgment of the court. (g) If a person does not comply with an order under this Code section, the Commissioner may petition a court of competent jurisdiction to enforce the order. The court may not require the Commissioner to post a bond in an action or proceeding under this Code section. If the court finds, after service and opportunity for hearing, that the person was not in compliance with the order, the court may adjudge the person in civil contempt of the order. The court may impose a further civil penalty against the person for contempt in an amount not less than $5,000.00 but not greater than $50,000.00 for each violation and may grant any other relief the court determines is just and proper in the circumstances. 10-5-74. (a) The Commissioner may: (1) Issue forms and orders and, after notice and comment, may adopt and amend rules necessary or appropriate to carry out this chapter and may repeal rules, including rules and forms governing registration statements, applications, notice filings, reports, and other records; (2) By rule, define terms, whether or not used in this chapter, but those definitions may not be inconsistent with this chapter; and (3) By rule, classify securities, persons, and transactions and adopt different requirements for different classes. (b) Under this chapter, a rule or form may not be adopted or amended or an order issued or amended unless the Commissioner finds that the rule, form, order, or amendment is necessary or appropriate in the public interest or for the protection of investors and is consistent with the purposes intended by this chapter. In adopting, amending, and repealing rules and forms, Code Section 10-5-77 applies in order to achieve uniformity among the states and coordination with federal laws in the form and content of registration statements, applications, reports, and other records, including the adoption of uniform rules, forms, and procedures. (c) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., and Section 222 of the Investment Advisers Act of 1940, 15 U.S.C. Section 4090 JOURNAL OF THE SENATE 80b-1, et seq., the Commissioner may require that a financial statement filed under this chapter be prepared in accordance with generally accepted accounting principles in the United States and comply with other requirements specified by rule adopted or order issued under this chapter. A rule adopted or order issued under this chapter may establish: (1) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., and Section 222 of the Investment Advisors Act of 1940, 15 U.S.C. Section 80b-1, et seq., the form and content of financial statements required under this chapter; (2) Whether unconsolidated financial statements must be filed; and (3) Whether required financial statements must be audited by an independent certified public accountant. (d) The Commissioner may provide interpretative opinions or issue determinations that the Commissioner will not institute a proceeding or an action under this chapter against a specified person for engaging in a specified act, practice, or course of business if the determination is consistent with this chapter. A rule adopted or order issued under this chapter may establish a reasonable charge for interpretative opinions or determinations that the Commissioner will not institute an action or a proceeding under this chapter. (e) A hearing in an administrative proceeding under this chapter shall be conducted in public unless the Commissioner for good cause consistent with this chapter determines that the hearing shall not be so conducted. 10-5-75. (a) The Commissioner shall maintain, or designate a person to maintain, a register of applications for registration of securities; registration statements; notice filings; applications for registration of broker-dealers, agents, investment advisers, and investment adviser representatives; notice filings by federal covered investment advisers that are or have been effective under this chapter or the predecessor Act; notices of claims of exemption from registration or notice filing requirements contained in a record; orders issued under this chapter or the predecessor Act; and interpretative opinions or no action determinations issued under this chapter. (b) The Commissioner shall make all rules, forms, interpretative opinions, and orders available to the public. (c) The Commissioner shall furnish a copy of a record that is a public record or a certification that the public record does not exist to a person that so requests. A rule adopted under this chapter may establish a reasonable charge for furnishing the record or certification. A copy of the record certified or a certificate by the Commissioner of a records nonexistence is prima-facie evidence of a record or its nonexistence. 10-5-76. (a) Except as otherwise provided in subsection (b) of this Code section, records obtained by the Commissioner or filed under this chapter, including a record contained in or filed with a registration statement, application, notice filing, or report, are public FRIDAY, APRIL 4, 2008 4091 records and are available for public examination. (b) The following information and documents do not constitute public information under subsection (a) of this Code section and shall be confidential: (1) Information or documents obtained by the Commissioner in connection with an investigation under Code Section 10-5-21; (2) Information or documents filed with the Commissioner in connection with a registration statement or exemption filing under this chapter which constitute trade secrets or commercial or financial information of a person for which that person is entitled to and has asserted a claim of confidentiality or privilege authorized by law; (3) Any document or record specifically designated as confidential in accordance with this chapter; and (4) Any document, record, or information designated as confidential by federal statute, rule, or regulation. 10-5-77. (a) The Commissioner shall, in his or her discretion, cooperate, coordinate, consult, and, subject to Code Section 10-5-76, share records and information with the securities administrator of another state, Canada, a Canadian province or territory, a foreign jurisdiction, the Securities and Exchange Commission, the United States Department of Justice, the Commodity Futures Trading Commission, the Federal Trade Commission, the Securities Investor Protection Corporation, a self-regulatory organization, a national or international organization of securities administrators, a federal or state banking or insurance regulator, or a governmental law enforcement agency to effectuate greater uniformity in securities matters among the federal government, self-regulatory organizations, states, and foreign governments. (b) In cooperating, coordinating, consulting, and sharing records and information under this Code section and in acting by rule, order, or waiver under this chapter, the Commissioner shall, in his or her discretion, take into consideration in carrying out the public interest the following general policies: (1) Maximizing effectiveness of regulation for the protection of investors; (2) Maximizing uniformity in federal and state regulatory standards; and (3) Minimizing burdens on the business of capital formation, without adversely affecting essentials of investor protection. (c) The cooperation, coordination, consultation, and sharing of records and information authorized by this Code section includes: (1) Establishing or employing one or more designees as a central depository for registration and notice filings under this chapter and for records required or allowed to be maintained under this chapter; (2) Developing and maintaining uniform forms; (3) Conducting a joint examination or investigation; (4) Holding a joint administrative hearing; (5) Instituting and prosecuting a joint civil or administrative proceeding; (6) Sharing and exchanging personnel; 4092 JOURNAL OF THE SENATE (7) Coordinating registrations under Code Sections 10-5-20 and Code Section 10-530 through 10-5-33 and exemptions under Code Section 10-5-12; (8) Sharing and exchanging records, subject to Code Section 10-5-76; (9) Formulating rules, statements of policy, guidelines, forms, and interpretative opinions and releases; (10) Formulating common systems and procedures; (11) Notifying the public of proposed rules, forms, statements of policy, and guidelines; (12) Attending conferences and other meetings among securities administrators, which may include representatives of governmental and private sector organizations involved in capital formation, deemed necessary or appropriate to promote or achieve uniformity; and (13) Developing and maintaining a uniform exemption from registration for small issuers and taking other steps to reduce the burden of raising investment capital by small businesses. 10-5-78. (a) A final order issued by the Commissioner under this chapter is subject to judicial review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) A rule adopted under this chapter is subject to judicial review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 10-5-79. (a) Code Sections 10-5-20 and 10-5-21, subsection (a) of Code Section 10-5-30, subsection (a) of Code Section 10-5-31, subsection (a) of Code Section 10-5-32, subsection (a) of Code Section 10-5-33, and Code Sections 10-5-42, 10-5-55, 10-5-58, and 10-5-59 do not apply to a person that sells or offers to sell a security unless the offer to sell or the sale is made in this state or the offer to purchase or the purchase is made and accepted in this state. (b) Subsection (a) of Code Section 10-5-30, subsection (a) of Code Section 10-5-31, subsection (a) of Code Section 10-5-32, subsection (a) of Code Section 10-5-33, and Code Sections 10-5-42, 10-5-55, 10-5-58, and 10-5-59 do not apply to a person that purchases or offers to purchase a security unless the offer to purchase or the purchase is made in this state or the offer to sell or the sale is made and accepted in this state. (c) For the purpose of this Code section, an offer to sell or to purchase a security is made in this state, whether or not either party is then present in this state, if the offer: (1) Originates from within this state; or (2) Is directed by the offeror to a place in this state and received at the place to which it is directed. (d) For the purpose of this Code section, an offer to purchase or to sell is accepted in this state, whether or not either party is then present in this state, if the acceptance: (1) Is communicated to the offeror in this state and the offeree reasonably believes FRIDAY, APRIL 4, 2008 4093 the offeror to be present in this state and the acceptance is received at the place in this state to which it is directed; and (2) Has not previously been communicated to the offeror, orally or in a record, outside this state. (e) An offer to sell or to purchase is not made in this state when a publisher circulates or there is circulated on the publishers behalf in this state a bona fide newspaper or other publication of general, regular, and paid circulation that is not published in this state or that is published in this state but has had more than two-thirds of its circulation outside this state during the previous 12 months or when a radio or television program or other electronic communication originating outside this state is received in this state. A radio or television program or other electronic communication is considered as having originated in this state if either the broadcast studio or the originating source of transmission is located in this state, unless: (1) The program or communication is syndicated and distributed from outside this state for redistribution to the general public in this state; (2) The program or communication is supplied by a radio, television, or other electronic network with the electronic signal originating from outside this state for redistribution to the general public in this state; (3) The program or communication is an electronic communication that originates outside this state and is captured for redistribution to the general public in this state by a community antenna or cable, radio, cable television, or other electronic system; or (4) The program or communication consists of an electronic communication that originates in this state but is not intended for distribution to the general public in this state. (f) Subsection (a) of Code Section 10-5-32, subsection (a) of Code Section 10-5-33, subsection (a) of Code Section 10-5-34, and Code Sections 10-5-51, 10-5-54, and 10-555 apply to a person if the person engages in an act, practice, or course of business instrumental in effecting prohibited or actionable conduct in this state, whether or not either party is then present in this state. 10-5-80. (a) A consent to service of process complying with this Code section and required by this chapter must be signed and filed in the form required by a rule or order under this chapter. A consent appointing the Commissioner the persons agent for service of process in a noncriminal action or proceeding against the person or the persons successor or personal representative under this chapter or a rule adopted or order issued under this chapter after the consent is filed has the same force and validity as if the service were made personally on the person filing the consent. A person that has filed a consent complying with this subsection in connection with a previous application for registration or notice filing need not file an additional consent. (b) If a person, including a nonresident of this state, engages in an act, practice, or course of business prohibited or made actionable by this chapter or a rule adopted or order issued under this chapter and the person has not filed a consent to service of 4094 JOURNAL OF THE SENATE process under subsection (a) of this Code section, the act, practice, or course of business constitutes the appointment of the Commissioner as the persons agent for service of process in a noncriminal action or proceeding against the person or the persons successor or personal representative. (c) Service under subsection (a) or (b) of this Code section may be made by providing a copy of the process to the office of the Commissioner, but it is not effective unless: (1) The plaintiff, which may be the Commissioner, promptly sends notice of the service and a copy of the process, return receipt requested, to the defendant or respondent at the address set forth in the consent to service of process or, if a consent to service of process has not been filed, at the last known address or takes other reasonable steps to give notice; and (2) The plaintiff files an affidavit of compliance with this subsection in the action or proceeding on or before the return day of the process, if any, or within the time that the court, or the Commissioner in a proceeding before the Commissioner, allows. (d) Service pursuant to subsection (c) of this Code section may be used in a proceeding before the Commissioner or by the Commissioner in a civil action in which the Commissioner is the moving party. (e) If process is served under subsection (c) of this Code section, the court, or the Commissioner in a proceeding before the Commissioner, shall order continuances as are necessary or appropriate to afford the defendant or respondent reasonable opportunity to defend. ARTICLE 7 10-5-90. (a) The predecessor Act exclusively governs all actions or proceedings that are pending on the effective date of this chapter or may be instituted on the basis of conduct occurring before the effective date of this chapter, but a civil action may not be maintained to enforce any liability under the predecessor Act unless instituted within any period of limitation that applied when the cause of action accrued or within five years after the effective date of this chapter, whichever is earlier. (b) All effective registrations under the predecessor Act, all administrative orders relating to the registrations, rules, statements of policy, interpretative opinions, declaratory rulings, no action determinations, and conditions imposed on the registrations under the predecessor Act remain in effect while they would have remained in effect if this chapter had not been enacted. They are considered to have been filed, issued, or imposed under this chapter but are exclusively governed by the predecessor Act. (c) The predecessor Act exclusively applies to an offer or sale made within one year after the effective date of this chapter pursuant to an offering made in good faith before the effective date of this chapter on the basis of an exemption available under the predecessor Act." SECTION 2. Code Section 7-1-241 of the Official Code of Georgia Annotated, relating to restrictions on engaging in banking business, is amended by revising paragraph (5) of subsection (b) FRIDAY, APRIL 4, 2008 4095 as follows: "(5) A securities broker or dealer registered pursuant to the provisions of 15 U.S.C. Section 78o or Code Section 10-5-3 Chapter 5 of Title 10 to the extent that such securities broker or dealer: (A) Sells certificates of deposit or interest in certificates of deposit or other deposit instruments issued by a bank or savings association, provided such securities broker or dealer fully and fairly discloses at the time of solicitation and confirmation whether or not federal deposit insurance is available for that deposit instrument; (B) Purchases certificates of deposit or other deposit instruments issued by a bank or savings association for the account of the customer of such securities broker or dealer, provided such instruments are registered in the name of the customer or the custodian of such customer on the books or other records of the issuing bank or savings association; or (C) Holds customer funds incidental to the purchase and sale of securities on behalf of such customer." SECTION 3. Code Section 7-1-242 of the Official Code of Georgia Annotated, relating to restriction on corporate fiduciaries, is amended by revising paragraphs (6) and (7) of subsection (a) as follows: "(6) An investment adviser registered pursuant to the provisions of 15 U.S.C. Section 80b-3 or Code Section 10-5-3 Chapter 5 of Title 10, provided this exception shall not authorize an investment adviser to act in any fiduciary capacity subject to the provisions of Title 53, relating to wills, trusts, and the administration of estates; or (7) A securities broker or dealer registered pursuant to the provisions of 15 U.S.C. Section 78o or Code Section 10-5-3 Chapter 5 of Title 10 acting in such fiduciary capacity incidental to and as a consequence of its broker or dealer activities." SECTION 4. Code Section 7-1-396 of the Official Code of Georgia Annotated, relating to the effect of certificate of incorporation and permit to begin business, is amended by revising subsection (a) as follows: "(a) As of the issuance of the certificate of incorporation by the Secretary of State, the corporate existence of the bank or trust company shall begin and those persons who subscribed for shares prior to filing of the articles, or their assignees, shall be shareholders in the bank or trust company; provided, nevertheless, that the department shall have full authority to regulate and supervise the activities of promoters, incorporators, initially named directors, subscribers for shares, and all persons soliciting offers to subscribe for shares in any bank in formation under this chapter even though the corporate existence of the bank may not have officially begun and the bank in formation shall be considered a 'bank' for those purposes. Persons named in the articles of incorporation and approved by the department as initial directors of the bank in formation shall not be considered 'limited salesmen' or 'salesmen' 'agents' or 'broker- 4096 JOURNAL OF THE SENATE dealers' within the meaning of paragraphs (18) and (25), respectively, of subsection (a) (1) and (3) of Code Section 10-5-2 but rather shall be considered 'executive officers' within the meaning of paragraph (13) of subsection (a) of Code Section 10-5-2." SECTION 5. Code Section 10-1-417 of the Official Code of Georgia Annotated, relating to purchaser and participant remedies; violations as unfair or deceptive acts; and penalty regarding multilevel distribution companies, is amended by revising subsection (c) as follows: "(c) Nothing contained in this part shall be construed to limit, modify, or repeal any provisions of Chapter 5 of this title, the 'Georgia Securities Act of 1973,' 'Georgia Uniform Securities Act of 2008,' including, but not limited to, the definition of the term 'security' as contained in paragraph (26) of subsection (a) (31) of Code Section 10-5-2." SECTION 6. Code Section 10-5B-2 of the Official Code of Georgia Annotated, relating to definitions regarding deceptive, fraudulent, or abusive telemarketing, is amended by revising paragraph (8) of subsection (a) as follows: "(8) 'Telephonic sale,' 'sell telephonically,' 'telephonic selling,' 'telephonic offer for sale,' or 'telephonic solicitation of sale,' and 'telemarketing' means a sale or solicitation of goods or services, a sale or offer to sell a security as defined in paragraph (26) of subsection (a) (31) of Code Section 10-5-2, or a solicitation of a charitable contribution, in which: (A) The seller solicits the sale or charitable sale or contribution over the telephone; (B) The purchasers agreement to purchase or contribute is made over the telephone; and (C) In the case of a sale of goods or services only, the purchaser, over the telephone, pays for or agrees to commit to payment for goods or services prior to or upon receipt by the purchaser of the goods and services." SECTION 7. Code Section 14-2-140 of the Official Code of Georgia Annotated, relating to corporation code definitions, is amended by revising paragraph (19) as follows: "(19) 'National securities exchange' means any securities exchange or securities quotation system if the securities listed on that exchange or system are exempt from the registration requirements of Chapter 5 of Title 10, known as the 'Georgia Securities Act of 1973,' 'Georgia Uniform Securities Act of 2008,' pursuant to paragraph (8) or (8.1) of Code Section 10-5-8 10-5-10 or any successor provision." SECTION 8. Code Section 14-11-1107 of the Official Code of Georgia Annotated, relating to laws governing chapter regarding limited liability companies, is amended by revising subsection (n) as follows: "(n) Nothing in this chapter shall be construed as establishing that a limited liability FRIDAY, APRIL 4, 2008 4097 company interest is not a 'security' within the meaning of paragraph (26) of subsection (a) (31) of Code Section 10-5-2 (or any successor statute)." SECTION 9. Code Section 16-14-3 of the Official Code of Georgia Annotated, relating to definitions under the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," is amended by revising subdivision (9)(A)(xxi) as follows: "(xxi) Code Section 10-5-24 Chapter 5 of Title 10, relating to violations of the 'Georgia Securities Act of 1973' 'Georgia Uniform Securities Act of 2008';" SECTION 10. The Official Code of Georgia Annotated is amended by replacing "Georgia Securities Act of 1973," with "Georgia Uniform Securities Act of 2008," and "Georgia Securities Act of 1973." with "Georgia Uniform Securities Act of 2008.", respectively, wherever the former phrase appears in: (1) Code Section 10-5A-8, relating to applicability of securities law; (2) Code Section 10-5B-3, relating to rules to prohibit deceptive, fraudulent, or abusive telemarketing activities authorized; (3) Code Section 10-5B-4, relating to required and prohibited telephone conduct and activities and liability; (4) Code Section 10-5B-5, relating to applicability of chapter to persons subject to other provisions of the Code; (5) Code Section 10-5B-7, relating to remedies, duties, prohibitions, and penalties of chapter not exclusive and construction with other provisions of the Code; (6) Code Section 10-9-59, relating to inapplicability of "Georgia Securities Act of 1973" to bonds for Georgia World Congress Center; (7) Code Section 12-3-298, relating to revenue bonds; issuance for purpose of paying for cost of parks projects; (8) Code Section 12-8-59.1, relating to liberal construction regarding regional solid waste management authorities; bonds not subject to other state law; and other authorities; (9) Code Section 19-6-28.1, relating to suspension of, or denial of application or renewal of, license for noncompliance with child support order; (10) Code Section 19-11-9.3, relating to suspension or denial of license for noncompliance with child support order; interagency agreements; and report to General Assembly; (11) Code Section 20-3-295, relating to the Georgia Higher Education Assistance Corporation to maintain certified list of borrowers in default, administrative hearings, and appeals; (12) Code Section 20-3-616, relating to exemption from securities law; approval required for transfer of advance tuition payment contracts; (13) Code Section 33-11-66, relating to cumulative nature of Code section; variable annuity contracts; and Insurance Commissioners role; 4098 JOURNAL OF THE SENATE (14) Code Section 33-11-67, variable contract insurance policies and Insurance Commissioners role; insurance license required; (15) Code Section 33-14-10, relating to sale of subscriptions for insurance securities and sale offer of insurance securities; (16) Code Section 33-59-16, relating to compliance with securities laws; (17) Code Section 36-42-15, relating to construction of chapter and applicability of the "Georgia Securities Act of 1973" to downtown development authorities; (18) Code Section 42-4-102, relating to construction of article; bonds not subject to regulation under the "Georgia Securities Act of 1973"; and power of counties and municipalities to activate regional jail authorities; (19) Code Section 45-13-25, relating to employment of assistants to the Secretary of State to discharge functions imposed by Chapter 5 of Title 10, the "Georgia Securities Act of 1973"; (20) Code Section 50-23-13, relating to liberal construction; bonds of Environmental Facilities Authority exempt from securities law; necessity of notice, proceeding, or publication; and referendums; (21) Code Section 50-26-10, relating to obligations not subject to "Georgia Securities Act of 1973"; payment of operating costs; Georgia Housing Authoritys revenue; and issuance of bonds; (22) Code Section 50-32-35, relating to applicability of Chapter 5 of Title 10 to the Georgia Regional Transportation Authority; (23) Code Section 50-34-8, relating to obligations of the OneGeorgia Authority not subject to the "Georgia Securities Act of 1973"; setting of rates, fees, and charges for loans; and power to issue bonds; and (24) Code Section 50-35-11, relating to construction of chapter creating Environmental Training and Education Authority. SECTION 11. The Official Code of Georgia Annotated is amended by replacing "Georgia Securities Law" with "Georgia Uniform Securities Act of 2008" wherever the former phrase appears in: (1) Code Section 36-62-11, relating to construction of chapter regarding development authorities generally; (2) Code Section 36-63-11, relating to construction of chapter regarding resource recovery development authorities generally; and (3) Code Section 36-75-10, relating to construction of chapter regarding war on terrorism local assistance. SECTION 12. This Act shall become effective on July 1, 2009. SECTION 13. All laws and parts of laws in conflict with this Act are repealed. FRIDAY, APRIL 4, 2008 4099 Senator Hamrick of the 30th moved that the Senate agree to the House substitute to SB 358. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown Bulloch Y Butler Y Carter E Chance Chapman Y Cowsert Y Davenport Y Douglas Y Fort E Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson Y Jones Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock E Pearson Y Powell Ramsey Y Reed E Rogers Schaefer Y Seabaugh Y Seay E Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Williams On the motion, the yeas were 42, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 358. The following bill was taken up to consider House action thereto: SB 396. By Senators Hamrick of the 30th, Smith of the 52nd and Chance of the 16th: A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts, so as to remove all functions of the Department of Administrative Services and transfer such functions; to transfer administrative, and salary paying and travel expense reimbursement functions for superior court judges and court reporters to the Council of Superior Court Judges of Georgia; to amend Code Section 45-12-78 of the O.C.G.A., relating to heads of budget units to submit annual estimates, preparation and submission of budget estimates of legislative and judicial agencies, and review of budget estimates by the Office of Planning and Budget, so as provide that requests for new, expanded, relocated, or renovated rental real estate space be reviewed by the State Properties Commission in lieu of the Department of Administrative 4100 JOURNAL OF THE SENATE Services; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to remove all functions of the commissioner of administrative services and the Department of Administrative Services and transfer such functions; to transfer administrative and salary paying and travel expense reimbursement functions for superior court judges and court reporters to The Council of Superior Court Judges of Georgia; to transfer administrative and salary paying functions for district attorneys and their staff to the Prosecuting Attorneys Council of the State of Georgia; to remove the commissioner of administrative services from the Georgia Courts Automation Commission; to repeal provisions relating to alternate hiring procedure of secretaries; to provide for members of the Prosecuting Attorneys Council of the State of Georgia to be removed upon the vote of the members of such council; to repeal provisions that prohibit the Prosecuting Attorneys Council of the State of Georgia from employing certain retired personnel; to expand the powers and duties of attorneys and investigators employed by the Prosecuting Attorneys Council of the State of Georgia; to provide that such investigators shall meet the requirements of Chapter 8 of Title 35; to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from Code Sections 16-11126 through 16-11-128, so as to provide that investigators employed by the Prosecuting Attorneys Council of the State of Georgia and attorneys and investigators who are retired from the Prosecuting Attorneys Council of the State of Georgia shall be exempt from certain state weapons requirements; to amend Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the 'Uniform Reciprocal Enforcement of Support Act,' so as to correct cross-references; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that requests for new, expanded, relocated, or renovated rental real estate space be reviewed by the State Properties Commission in lieu of the Department of Administrative Services; to revise provisions relating to employees health insurance; to amend Code Section 505B-2 of the Official Code of Georgia Annotated, relating to administrative units, directors, and employees of the State Accounting Office, so as to provide that The Council of Superior Court Judges of Georgia and the Prosecuting Attorneys Council of the State of Georgia shall be separate units within the State Accounting Office; 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 FRIDAY, APRIL 4, 2008 4101 revising Code Section 15-5-60, relating to contracts with state agencies for administrative functions, services, and equipment, as follows: "15-5-60. The Council of Superior Court Judges of Georgia shall be authorized to contract with the Department of Administrative Services or other agency of state government, from provide for or contract for administrative functions, services, and equipment necessary for the fulfillment of the responsibilities of the superior courts with funds appropriated or otherwise available for the operation of the superior courts of the state, to provide such administrative functions, services, and equipment necessary for the fulfillment of the responsibilities of the superior courts." SECTION 2. Said title is further amended by revising subsection (a) of Code Section 15-5-81, relating to the advisory council to the Georgia Courts Automation Commission, as follows: "(a) There shall be an advisory council to the Georgia Courts Automation Commission. The advisory council shall consist of: the commissioner of administrative services or the commissioners designee, the director of the Georgia Bureau of Investigation or the directors designee, the commissioner of corrections or the commissioners designee, the commissioner of public safety or the commissioners designee, the chairman of the State Board of Pardons and Paroles or the chairmans designee, the director of the Administrative Office of the Courts or the directors designee, the director of the Criminal Justice Coordinating Council or the directors designee, the director of the Children and Youth Coordinating Council or the directors designee, and the executive director of the Georgia Technology Authority or the executive directors designee." SECTION 3. Said title is further amended by revising subsections (a) and (b) of Code Section 15-6-29, relating to the salary of superior court judges, as follows: "(a) The annual salary of the judges of the superior courts shall be as provided in Code Section 45-7-4. The salary shall be paid by the Department of Administrative Services The Council of Superior Court Judges of Georgia in 12 equal monthly installments. (b) The salary so fixed shall be the total compensation to be paid by the state to the superior court judges and shall be in lieu of any and all other amounts to be paid from the Department of Administrative Services The Council of Superior Court Judges of Georgia, except as provided in Code Sections 15-6-30 and 15-6-32." SECTION 4. Said title is further amended by revising subsection (d) of Code Section 15-6-30, relating to travel expenses of superior court judges, as follows: "(d) The several judges of the superior courts shall, once a month, submit a detailed and certified statement of the items of expense, as authorized by this Code section, to the state auditor; and the state auditor is directed to audit each account and approve same for payment, if found correct, and to transmit the total amount to the Department 4102 JOURNAL OF THE SENATE of Administrative Services The Council of Superior Court Judges of Georgia for payment from the funds available for the operation of the superior courts of this state. Senior judges of the superior courts shall, once a month, submit a detailed and certified statement of the items of expense, as authorized by Code Sections 47-8-64 and 47-23100, to the state auditor; and the state auditor is directed to audit each account and approve same for payment, if found correct, and to transmit the total amount to the Department of Administrative Services The Council of Superior Court Judges of Georgia for payment from the funds available for the operation of the superior courts of this state." SECTION 5. Said title is further amended by revising Code Section 15-6-31, relating to contingent expense allowance, which is reserved, as follows: "15-6-31. Effective July 1, 2008, the ministerial functions of the commissioner of administrative services or of the Department of Administrative Services relating to the payment of salaries, benefits, and expenses of superior court judges, and other state paid personnel authorized by this chapter shall be transferred to and performed by The Council of Superior Court Judges of Georgia. Reserved." SECTION 6. Said title is further amended by revising subsections (a) and (d) of Code Section 15-14-6, relating to contingent expenses and travel expenses of court reporters, as follows: "(a) The Department of Administrative Services Council of Superior Court Judges of Georgia is authorized and directed to pay from the state treasury the sums specified in subsection (b) of this Code section as contingent expense and travel allowance to each duly appointed reporter for the superior courts in all judicial circuits of this state, such sum being in addition to the compensation of the superior court reporters provided by law." "(d) Annually during the month of January the judge or chief judge of each judicial circuit shall certify to the Department of Administrative Services The Council of Superior Court Judges of Georgia the names and addresses of all persons duly appointed as reporters for the superior courts in the judicial circuit and shall thereafter notify the department council of the removal of such persons from office or the appointment of additional persons as superior court reporters, together with the effective date of such removal or appointment." SECTION 7. Said title is further amended by revising subparagraph (a)(1)(B) of Code Section 15-1814, relating to the appointment, qualifications, compensation, personnel actions, and transfers and promotions of prosecuting attorneys, as follows: "(B) Subject to the availability of funding and at the option of the Department of Human Resources, at least one assistant district attorney to perform duties described specifically under Code Sections 19-11-23 and 19-11-53 and generally under Article FRIDAY, APRIL 4, 2008 4103 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act,' Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act,' and Article 3 of Chapter 11 of Title 19, the 'Uniform Interstate Family Support Act.' The district attorney retains the authority to appoint one or more assistant district attorneys, who shall be county employees, to perform the aforementioned statutory duties, so long as such appointments are pursuant to a contract for such services with the Department of Human Resources. Once the election to make this position a state position is made, under this statutory provision, it shall be irrevocable. Contractual funds shall be paid by the Department of Human Resources to the Department of Administrative Services Prosecuting Attorneys Council of the State of Georgia in accordance with the compensation provisions of this Code section, or at the election of the appointed attorney, to the appointed attorneys judicial circuit, in accordance with the compensation provisions of that judicial circuit; and" SECTION 8. Said title is further amended by revising subsection (d) of Code Section 15-18-14.2, relating to victim assistance coordinator, as follows: "(d) Not later than June 1 of each year, the Prosecuting Attorneys Council of the State of Georgia shall furnish to each district attorney and the Department of Administrative Services a budget for the judicial circuit based on the amount appropriated by the General Assembly or otherwise available for personnel and operations of victim assistance programs authorized by this Code section." SECTION 9. Said title is further amended by revising Code Section 15-18-18, relating to alternate hiring procedure of secretaries, as follows: "15-18-18. (a) In lieu of hiring a secretary under Code Section 15-18-17, each district attorney, with the written consent of the governing authority of any county or counties within his or her judicial circuit, may employ a secretary who shall be an employee of the county which pays the compensation of the secretary and in which the governing authority has given its consent to compensate the secretary. Upon employing the secretary, it shall be the duty of the district attorney to notify the commissioner of administrative services of such fact and of the amount of the compensation to be paid to the secretary. It shall be the further duty of the district attorney to notify the commissioner of any change in the status or compensation of the secretary. The commissioner of administrative services shall reimburse the county or counties paying the compensation from funds appropriated or otherwise available for the operation of the superior courts for the compensation paid to the secretary plus any employer contribution paid for the secretary under the act of Congress approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as amended; but such payments shall not exceed the maximum amount payable directly to or for a secretary under Code Section 15-18-17. (b) The provisions of this Code section shall apply only to those personnel employed 4104 JOURNAL OF THE SENATE prior to July 1, 1997. In the event of any vacancy which occurs after July 1, 1997, in a position heretofore compensated by a county pursuant to this Code section, said vacancy shall be filled as provided in Code Section 15-18-17. Reserved." SECTION 10. Said title is further amended by revising paragraph (5) of subsection (e) of Code Section 15-18-19, relating to state paid personnel, powers and policies relating thereto, and salary schedules, as follows: "(5) The compensation of state paid personnel appointed pursuant to this article shall be paid in equal installments by the Department of Administrative Services Prosecuting Attorneys Council of the State of Georgia as provided by this subsection from funds appropriated for such purpose. The council may, with the consent of the Department of Administrative Services, authorize employees compensated pursuant to this Code section to participate in voluntary salary deductions as provided by Article 3 of Chapter 7 of Title 45." SECTION 11. Said title is further amended by revising paragraph (2) of subsection (c) of Code Section 15-18-40, relating to the Prosecuting Attorneys Council of the State of Georgia purpose and function, as follows: "(2) From such funds as may be appropriated or otherwise available for the operation of the superior courts or prosecuting attorneys, may provide such administrative functions, services, supplies, equipment, or operating expenses as may be necessary for the fulfillment of the duties and responsibilities of such prosecuting attorneys and may contract with the Department of Administrative Services or any other department, bureau, agency, commission, institution, or authority of this state or any other entity for such purpose." SECTION 12. Said title is further amended by adding a new subsection to Code Section 15-18-40, relating to the Prosecuting Attorneys Council of the State of Georgia purpose and function, to read as follows: "(d) Effective July 1, 2008, the ministerial functions of the commissioner of administrative services or of the Department of Administrative Services relating to the payment of salaries, benefits, and expenses for district attorneys and district attorney personnel appointed pursuant to Article 1 of this chapter or solicitors-general shall be transferred to and performed by the council." SECTION 13. Said title is further amended by adding a new subsection to Code Section 15-18-41, relating to the composition of the Prosecuting Attorneys Council of the State of Georgia, to read as follows: "(e) The council may, by two-thirds vote of the members, remove any member of the FRIDAY, APRIL 4, 2008 4105 council for failure to attend meetings, misconduct, incompetency, or neglect of duty." SECTION 14. Said title is further amended by revising subsection (d) of Code Section 15-18-44, relating to powers and duties of the Prosecuting Attorneys Council of the State of Georgia, as follows: "(d) The council may not provide compensation from its funds to any administrative or clerical personnel employed by the council if the personnel are then receiving retirement compensation from the Trial Judges and Solicitors Retirement Fund, the Peace Officers Annuity and Benefit Fund, the Sheriffs Retirement Fund of Georgia, the Superior Court Clerks Retirement Fund of Georgia, the Superior Court Judges Retirement Fund of Georgia, or any other retirement fund created by state law to provide compensation for past services as a judicial officer, prosecuting attorney, court officer, or law enforcement officer except for county or municipal retirement funds." SECTION 15. Said title is further amended by adding a new Code section to read as follows: "15-18-47. Attorneys and investigators employed by the council shall meet the same qualifications as those provided by Code Section 15-18-21 for attorneys and investigators employed by district attorneys. Such attorneys and investigators shall take and subscribe to an oath similar to the oath required by district attorneys. When assisting a district attorney, solicitor-general, or the Attorney General, such attorneys and investigators shall have the same authority and power as an attorney or investigator employed by such district attorney, solicitor-general, or the Attorney General. Investigators employed by the council and authorized by the council to carry weapons or to exercise any of the powers of a peace officer of this state shall meet the requirements of Chapter 8 of Title 35." SECTION 16. Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from Code Sections 16-11-126 through 16-11-128, is amended by revising paragraph (5) of subsection (a) as follows: "(5) District attorneys, investigators employed by and assigned to a district attorneys office, assistant district attorneys, attorneys or investigators employed by the Prosecuting Attorneys Council of the State of Georgia, and any retired district attorney, assistant district attorney, or district attorneys investigator, or attorney or investigator retired from the Prosecuting Attorneys Council of the State of Georgia, if such retired employee is retired in good standing and is receiving benefits under Title 47 or is retired in good standing and receiving benefits from a county or municipal retirement system;" SECTION 17. Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to 4106 JOURNAL OF THE SENATE the 'Uniform Reciprocal Enforcement of Support Act,' is amended by revising paragraph (3) of Code Section 19-11-58, relating to the Department of Human Resources designation as the state information agency and duties, as follows: "(3) To approve as to form all orders for payment of the district attorneys fees and forward same to the commissioner of administrative services Prosecuting Attorneys Council of the State of Georgia for payment; and" SECTION 18. Said article is further amended by revising Code Section 19-11-59, relating to payment of district attorneys fee, as follows: "19-11-59. The fee of the district attorney arising under this article shall be paid by the commissioner of administrative services Prosecuting Attorneys Council of the State of Georgia upon receipt of the order for the payment of such fees that has been approved by the state information agency. Payment shall be made from funds appropriated for the operation of the superior courts district attorneys." SECTION 19. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by revising subsection (e) of Code Section 45-12-78, relating to heads of budget units to submit annual estimates, preparation and submission of budget estimates of legislative and judicial agencies, and review of budget estimates by the Office of Planning and Budget, as follows: "(e) To effect the goal of decentralization, prior to September 1 of each year, the Office of Planning and Budget shall send all requests for new, expanded, relocated, or renovated rental real estate space to the Department of Administrative Services for an evaluation to determine conformity with Article 2 of Chapter 5 of Title 50, the 'State Space Management Act of 1976.' State Properties Commission. The Department of Administrative Services State Properties Commission shall return such evaluation to the Office of Planning and Budget prior to the Governors submission of the budget to the General Assembly as provided in Code Section 45-12-79." SECTION 20. Said title is further amended by revising subsection (a) of Code Section 45-18-14, relating to deductions from compensation and benefit payments of share of cost of coverage under plan of employees, payment of contributions to health insurance fund by departments, boards, and agencies of state, and coverage of employee appealing discharge, as follows: "(a) During any period in which an employee is covered under this article prior to the date of his or her retirement, there shall be withheld from each salary payment or other compensation of such employee, as his or her share of the cost of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this article as may be established by the FRIDAY, APRIL 4, 2008 4107 board. During any month in which benefits are being paid by the Employees Retirement System of Georgia to an individual so covered under this program, contributions in the amounts prescribed by the board shall be deducted from such payments with the consent of the recipient. The various departments, boards, and agencies of the executive and judicial branches of state government shall contribute to the health insurance fund such portions of the cost of such benefits as may be established by the board and the Governor as funds become available in each department, board, and agency, in addition to an amount to be established by the board to defray the cost of administration and the states portion of the cost of benefits payable for annuitants. The legislative fiscal officer shall contribute to the health insurance fund as an employer payment for and on behalf of all members of the General Assembly and its administrative and clerical personnel. The Department of Administrative Services Prosecuting Attorneys Council of the State of Georgia shall contribute to the fund as an employer payment for and on behalf of district attorneys, assistant district attorneys, and other paid state personnel appointed pursuant to Code Section 15-18-14, and Article 1 of Chapter 18 of Title 15. The Council of Superior Court Judges of Georgia shall contribute to the fund as an employer payment for and on behalf of secretaries and law clerks of the superior courts of the state and secretaries employed by district attorneys. The amount of such contributions shall be such portions of the costs of such benefits as may be established by the board; and, in addition thereto, an amount to be established by the board shall be contributed to defray the costs of administration. The board shall determine whether such employer portion shall be determined based upon a percentage of the total outlay for personal services or determined on an amount per employee electing coverage under the plan based on the coverage elected, in accordance with the appropriation of funds." SECTION 21. Code Section 50-5B-2 of the Official Code of Georgia Annotated, relating to administrative units, directors, and employees of the State Accounting Office, is amended by revising subsection (a) as follows: "(a) The state accounting officer shall establish such units within the State Accounting Office as he or she deems proper for its administration, including The Council of Superior Court Judges of Georgia and the Prosecuting Attorneys Council of the State of Georgia as separate units with distinct accounting functions, and shall designate persons to be directors and assistant directors of such units to exercise such authority as he or she may delegate to them in writing." SECTION 22. 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 396. 4108 JOURNAL OF 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 Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson Y Jones Me V Bremen (PRS) Y Moody Y Mullis Y Murphy Y Orrock E Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay E Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 396. The following Senators were excused for business outside the Senate Chamber: Seabaugh of the 28th Smith of the 52nd The following bill was taken up to consider the Conference Committee Report thereto: SB 430. By Senators Hamrick of the 30th, Hill of the 32nd, Mullis of the 53rd, Pearson of the 51st and Murphy of the 27th: A BILL to be entitled an Act to amend Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, so as to provide that the Georgia Bureau of Investigation may include such information in a data base and compare such information to samples collected from evidentiary materials; to provide an effective date; to repeal conflicting laws; and for other purposes. FRIDAY, APRIL 4, 2008 4109 The Conference Committee Report was as follows: The Committee of Conference on SB 430 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 430 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Hamrick of the 30th /s/ Senator Murphy of the 27th /s/ Senator Mullis of the 53rd /s/ Representative Neal of the 1st /s/ Representative Day of the 163rd /s/ Representative Talton of the 145th COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 430 A BILL TO BE ENTITLED AN ACT To amend Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, so as to provide that the Georgia Bureau of Investigation may compare lawfully collected information to lawfully maintained samples; 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 24-4-63 of the Official Code of Georgia Annotated, relating to the dissemination of DNA information in the DNA data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, is amended by redesignating subsections (b) through (e) as subsections (c) through (f) and adding a new subsection (b) as follows: "(b) Upon request from a prosecutor or law enforcement agency, the bureau may compare a DNA profile from an analysis of a sample from a suspect in a criminal investigation where the sample was obtained through a search warrant, consent of the suspect, court order, or other lawful means to DNA profiles lawfully collected and maintained by the bureau. The bureau shall not add a DNA profile of any such suspect to any DNA data bank except upon conviction as provided in this article." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. 4110 JOURNAL OF THE SENATE Senator Hamrick of the 30th moved that the Senate adopt the Conference Committee Report on SB 430. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Brown Y Bulloch Y Butler Y Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Me V Bremen (PRS) Y Moody Y Mullis Y Murphy Y Orrock E Pearson Y Powell Y Ramsey Y Reed Rogers Y Schaefer C Seabaugh Y Seay Y Shafer,D C Smith Y Staton Y Stoner Y Tarver Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 430. The following bill was taken up to consider House action thereto: SB 531. By Senators Hamrick of the 30th, Orrock of the 36th, Brown of the 26th, Chance of the 16th, Thompson of the 5th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, conveyances to secure debt, and liens, so as to require a foreclosure to be conducted by the current owner or holder of the mortgage, as reflected by public records; to provide for the identity of the secured creditor to be included in the advertisement and in court records; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: FRIDAY, APRIL 4, 2008 4111 A BILL TO BE ENTITLED AN ACT To amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, conveyances to secure debt, and liens, so as to require a foreclosure to be conducted by the current owner or holder of the mortgage, as reflected by public records; to provide for the identity of the secured creditor to be included in the advertisement and in court records; to change the requirement for mailing or delivery of notice to debtor for sales made under the power of sale in a mortgage, security deed, or other lien contract; to provide for the content of such notice; 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 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, conveyances to secure debt, and liens, is amended by revising Code Section 44-14-162, relating to manner of advertisement and conduct necessary for validity for sales made on foreclosures under power of sale, as follows: "44-14-162. (a) No sale of real estate under powers contained in mortgages, deeds, or other lien contracts shall be valid unless the sale shall be advertised and conducted at the time and place and in the usual manner of the sheriffs sales in the county in which such real estate or a part thereof is located and unless notice of the sale shall have been given as required by Code Section 44-14-162.2. If the advertisement contains the street address, city, and ZIP Code of the property, such information shall be clearly set out in bold type. In addition to any other matter required to be included in the advertisement of the sale, if the property encumbered by the mortgage, security deed, or lien contract has been transferred or conveyed by the original debtor to a new owner and an assumption by the new owner of the debt secured by said mortgage, security deed, or lien contract has been approved in writing by the secured creditor, then the advertisement should also include a recital of the fact of such transfer or conveyance and the name of the new owner, as long as information regarding any such assumption is readily discernable by the foreclosing creditor. Failure to include such a recital in the advertisement, however, shall not invalidate an otherwise valid foreclosure sale. (b) The security instrument or assignment thereof vesting the secured creditor with title to the security instrument shall be filed prior to the time of sale in the office of the clerk of the superior court of the county in which the real property is located." SECTION 2. Said article is further amended by revising Code Section 44-14-162.2, relating to sales made under the power of sale, mailing or delivery of notice to debtor, and procedure, as follows: 4112 JOURNAL OF THE SENATE "44-14-162.2. (a) Notice of the initiation of proceedings to exercise a power of sale in a mortgage, security deed, or other lien contract shall be given to the debtor by the secured creditor no later than 15 30 days before the date of the proposed foreclosure. Such notice shall be in writing, shall include the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor, and shall be sent by registered or certified mail or statutory overnight delivery, return receipt requested, to the property address or to such other address as the debtor may designate by written notice to the secured creditor. The notice required by this Code section shall be deemed given on the official postmark day or day on which it is received for delivery by a commercial delivery firm. Nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument. (b) The notice required by subsection (a) of this Code section shall be given by mailing or delivering to the debtor a copy of the published legal advertisement or a copy of the notice of sale to be submitted to the publisher." 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 Hamrick of the 30th moved that the Senate agree to the House substitute to SB 531. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Me V Bremen (PRS) Y Moody Y Mullis Y Murphy Y Orrock Y Schaefer C Seabaugh Y Seay Shafer,D C Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Thompson,S Y Tolleson FRIDAY, APRIL 4, 2008 4113 Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 531. The following bill was taken up to consider House action thereto: SB 417. By Senators Mullis of the 53rd, Seay of the 34th, Williams of the 19th, Stoner of the 6th and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner of transportation to develop and publish benchmarks and issue reports on the progress of construction projects; to require the commissioner to perform value engineering studies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner of transportation to develop and publish benchmarks and issue reports on the progress of construction projects; to require the commissioner to perform value engineering studies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, is amended by adding a new Code section to read as follows: "32-2-41.1. (a) The commissioner shall develop and publish benchmarks, based upon the type and scope of a construction project, that detail a realistic time frame for completion of each 4114 JOURNAL OF THE SENATE stage of a construction project, including preliminary engineering and design, environmental permitting and review, and right of way acquisition. (b) The commissioner shall submit an annual report to the Governor, Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House and Senate Transportation Committees detailing the progress of every construction project valued at $10 million or more against the benchmarks. This report shall include an analysis explaining the discrepancies between the benchmarks and actual performance on each project as well as an explanation for delays. This report shall also be published on the website of the department. (c) The department shall create and maintain on its website a detailed status report on each project under planning or construction. This status report shall include, but not be limited to, the name and contact information of the project manager, if applicable. (d) Value engineering studies shall be performed on all projects whose costs exceed $10 million, and the commissioner shall submit an annual report to the Governor, Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House and Senate Transportation Committees detailing the amount saved due to the value engineering studies. This report shall also be published on the website of the department." SECTION 2. This Act shall become effective on July 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd moved that the Senate agree to the House substitute to SB 417. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Me V Bremen (PRS) Y Moody Y Mullis Murphy Y Orrock Y Schaefer C Seabaugh Y Seay Shafer,D C Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson FRIDAY, APRIL 4, 2008 4115 Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 417. The following bill was taken up to consider House action thereto: SB 437. By Senators Mullis of the 53rd, Stoner of the 6th, Powell of the 23rd, Thomas of the 54th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for registration and licensing of assembled motor vehicles and motorcycles; to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the issuance of certificates of title to owners of assembled motor vehicles and motorcycles; 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 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for definitions relative to motor carriers; to provide for exemptions from the requirement of space on license plates for county decals; to provide for commissioners to promulgate regulations regarding registration of vehicles; to provide for annual license fees; to provide for registration and licensing of assembled motor vehicles and motorcycles; to provide for the issuance of certificates of title to owners of assembled motor vehicles and motorcycles; to provide for creation of security interests; to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," so as to redefine the term "rebuilder"; 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: 4116 JOURNAL OF THE SENATE SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-2-9, relating to the exemption of certain special license plates from the county name decal requirement, as follows: "40-2-9. Any metal five-year special, distinctive, or prestige license plate, except those provided for in Code Section Sections 40-2-61, Code Section 40-2-62, 40-2-74, and Code Section 40-2-82, and 40-2-85.1 or as otherwise expressly provided in this chapter, shall contain a space for a county name decal;. and the The provisions of this chapter relative to county name decals shall be applicable to all such license plates." SECTION 2. Said title is further amended by adding a new Code section to read as follows: "40-2-11. (a) The commissioner shall be responsible for the administration of this chapter and may employ such clerical assistants and agents as may be necessary from time to time to enable the commissioner to speedily and efficiently perform the duties conferred on the commissioner in this chapter. The commissioner shall be authorized to delegate any administrative responsibility for retention of applications, certificates of registration, and any other forms or documents relating to the application and registration process to the appropriate authorized tag agent for the county in which the application is made or the registration is issued. (b) The commissioner shall prescribe and provide suitable forms of applications and all other notices and forms necessary to administer this chapter. (c) The commissioner may: (1) Perform any investigation necessary to procure information required to carry out this chapter; and (2) Adopt and enforce reasonable rules and regulations to administer this chapter." SECTION 3. Said title is further amended by revising Code Section 40-2-27, relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles, by adding a new subsection to read as follows: "(d) Before a certificate of registration is issued for an assembled motor vehicle or motorcycle, such assembled motor vehicle or motorcycle shall have been issued a certificate of title in Georgia and shall comply with the provisions of Code Section 403-30.1." SECTION 4. Said title is further amended by revising subparagraphs (a)(3)(A) and (a)(10)(A) and paragraph (16) of subsection (a) of Code Section 40-2-151, relating to annual license fees for operation of vehicles, as follows: FRIDAY, APRIL 4, 2008 4117 "(3)(A) For each private commercial motor vehicle in accordance with the owner declared gross vehicle weight rating, as follows: (i) 10,001 lbs. to 14,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 (ii)(i) 14,000 to 18,000 Less than 18,001 lbs. . . . . . . . . . . . . . . . . . . . . . . . 25.00 (iii)(ii) 18,001 to 26,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38.00 (iv)(iii) 26,001 to 30,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45.00 (v)(iv) 30,001 to 36,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70.00 (vi)(v) 36,001 to 44,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115.00 (vii)(vi) 44,001 to 54,999 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190.00 (viii)(vii) 55,000 to 63,280 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300.00 (ix)(viii) 63,281 lbs. to maximum permitted . . . . . . . . . . . . . . . . . . . . . . . 400.00" "(10)(A) For each commercial motor vehicle operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight rating, as follows: (i) 10,001 lbs. to 14,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 (ii)(i) 14,000 to 18,000 Less than 18,001 lbs. . . . . . . . . . . . . . . . . . . . . . . . 25.00 (iii)(ii) 18,001 to 26,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38.00 (iv)(iii) 26,001 to 30,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85.00 (v)(iv) 30,001 to 36,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130.00 (vi)(v) 36,001 to 44,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215.00 (vii)(vi) 44,001 to 54,999 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365.00 (viii)(vii) 55,000 to 63,280 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 575.00 (ix)(viii) 63,281 lbs. to maximum permitted . . . . . . . . . . . . . . . . . . . . . . . 725.00" "(16) Heavy earth-moving machinery, fertilizer application equipment, and crop protection chemical application equipment, not including trucks, which are used primarily off the highway shall not be required to be licensed under this article;" SECTION 5. Said title is further amended by revising subsections (a) and (b) of Code Section 40-2152, relating to annual license fees for operation of apportioned vehicles, as follows: 4118 JOURNAL OF THE SENATE "(a) Except as otherwise provided for in this Code section, the annual fee for all apportionable vehicles not operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight or combined vehicle gross weight shall be as follows: (1) 26,001 to 30,000 Less than 30,001 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 45.00 (2) 30,001 to 36,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70.00 (3) 36,001 to 44,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115.00 (4) 44,001 to 54,999 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190.00 (5) 55,000 to 63,280 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300.00 (6) 63,281 lbs. to maximum permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400.00 (b) Except as otherwise provided for in this Code section, the annual fee for all apportionable vehicles operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight or combined vehicle gross weight shall be as follows: (1) 26,001 to 30,000 Less than 30,001 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 85.00 (2) 30,001 to 36,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130.00 (3) 36,001 to 44,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215.00 (4) 44,001 to 54,999 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365.00 (5) 55,000 to 63,280 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 575.00 (6) 63,281 lbs. to maximum permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 725.00" SECTION 6. Said title is further amended by adding a new Code section to read as follows: "40-3-30.1. (a) As used in this Code section and in Code Section 40-2-27, the term: (1) 'Assembled motor vehicle or motorcycle' or 'kit motor vehicle or motorcycle' means any motor vehicle or motorcycle that is: (A) Manufactured from a manufacturers kit or manufacturers fabricated parts, including replicas and original designs: (i) By an owner; (ii) At the request of the owner by a third-party manufacturer of motor vehicles or motorcycles; and (iii) Such manufacturer is not manufacturing and testing in accordance with federal safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with FRIDAY, APRIL 4, 2008 4119 such applicable federal standards; (B) A new vehicle and consists of a prefabricated body, chassis, and drive train; (C) Handmade and not mass produced by any manufacturer for retail sale; or (D) Not otherwise excluded from emission requirements and is in compliance with Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles. (2) 'Unconventional motor vehicle or motorcycle' means any motor vehicle or motorcycle that is manufactured, including, but not limited to, all-terrain vehicles, offroad vehicles, motorized carts, motor driven cycles, and mopeds, and that is not in compliance with the following: (A) Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles; (B) Applicable federal motor vehicle safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards; or (C) Applicable federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, the 'Clean Air Act,' as amended. (b) In addition to the requirements contained in Code Section 40-3-30, prior to the issuance of a certificate of title to the owner of an assembled motor vehicle or motorcycle, the owner shall cause such assembled motor vehicle or motorcycle to be inspected in order to establish: (1) The existence of a verifiable Manufacturers Certificate of Origin (MCO) or other verifiable documentation of purchase of all major components; and (2) That such assembled motor vehicle or motorcycle complies with: (A) Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles; and (B) If applicable, federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, the 'Clean Air Act,' as amended. (c) The inspection conducted under subsection (b) of this Code section shall only be for the purpose of establishing that such assembled motor vehicle or motorcycle is eligible to receive a certificate of title. (d) The department shall be authorized to charge an inspection fee. (e) Unconventional motor vehicles or motorcycles shall not be titled or registered." SECTION 7. Said title is further amended by revising paragraph (2) of Code Section 40-3-51, relating to creation of security interest in motor vehicles by the owner, as follows: "(2) The security interest holder shall immediately cause the certificate of title and application and the required fee to be mailed or delivered to the commissioner or the commissioners appropriate authorized county tag agent within 90 30 days of the date of creation of the security interest or lien. If the certificate of title and application and the required fee are not mailed or delivered within such time, the lien or security interest holder shall be required to pay a $10.00 penalty in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title 4120 JOURNAL OF THE SENATE application are rejected, the party submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner or the authorized county tag agent for the issuance of title. If the documents are not properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner or authorized county tag agent. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents, if the documents have not been resubmitted as required under this paragraph; and" SECTION 8. Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," is amended by revising paragraph (11) as follows: "(11) 'Rebuilder' means any person, partnership, limited liability company, firm, or corporation engaged in the business of buying more than two salvage or wrecked motor vehicles per year for the purpose of restoring or rebuilding them with used or new motor vehicle parts, or both, to be sold as motor vehicles." SECTION 9. Sections 4 and 5 of this Act shall become effective January 1, 2009. Section 7 of this Act shall become effective July 1, 2009. The remaining sections of this Act shall become effective upon this Acts approval by the Governor or upon this Act becoming law without such approval. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd moved that the Senate agree to the House substitute to SB 437. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Me V Bremen (PRS) Y Moody Y Schaefer C Seabaugh Y Seay Shafer,D C Smith Y Staton Y Stoner Y Tarver Tate Y Thomas,D Y Thomas,R FRIDAY, APRIL 4, 2008 4121 Y Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp Y Hawkins Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 437. Senator Rogers of the 21st was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 479. By Senators Mullis of the 53rd, Thompson of the 33rd, Grant of the 25th, Stoner of the 6th, Douglas of the 17th and others: A BILL to be entitled an Act to amend Code Section 31-11-31.1 of the Official Code of Georgia Annotated, relating to license fees for licensed ambulance services, so as to amend certain provisions relating to the collection of license fees for licensed ambulance services; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Code Section 31-8-159 of the Official Code of Georgia Annotated, relating to reporting to the General Assembly on use of funds of the Indigent Care Trust Fund, so as to include in the reporting related to the trust fund certain information about fees for licensed ambulance services; 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 31-8-159 of the Official Code of Georgia Annotated, relating to reporting to the General Assembly on use of funds of the Indigent Care Trust Fund, is revised as follows: 4122 JOURNAL OF THE SENATE "31-8-159. (a) The department shall annually report to the General Assembly on its use of trust funds appropriated to the department pursuant to this article. (b) The department shall also provide an annual report no later than September 30 of each year which shall provide the following information for the immediately preceding fiscal year: (1) The amount of ambulance service license fees received by the department pursuant to Code Section 31-11-31.1; (2) The amount of federal funds received as matching funds to the corresponding ambulance service license fees received; and (3) The total amount of funds disbursed to emergency ambulance services from the Indigent Care Trust Fund. The report required by this subsection shall be made available to the public free of charge by electronic means and in such other manner as the department deems appropriate." SECTION 2. This Act shall become effective on July 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd moved that the Senate agree to the House substitute to SB 479. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Me V Bremen (PRS) Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Schaefer C Seabaugh Y Seay Y Shafer,D C Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Thompson,S Y Tolleson Y Unterman Weber FRIDAY, APRIL 4, 2008 4123 Y Harbison Y Harp Y Hawkins Y Ramsey Y Reed E Rogers Y Wiles Y Williams On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 479. The following resolution was taken up to consider House action thereto: SR 781. By Senators Mullis of the 53rd, Williams of the 19th, Stoner of the 6th, Pearson of the 51st and Seay of the 34th: A RESOLUTION urging the Georgia Department of Transportation to develop a state-wide strategic transportation plan and to take certain other actions; and for other purposes. The House substitute was as follows: A RESOLUTION Urging the Georgia Department of Transportation to develop a state-wide strategic transportation plan and to take certain other actions; and for other purposes. WHEREAS, in order to allow Georgia's businesses to prosper and its citizens to enjoy a reasonably congestion free lifestyle, a strategic transportation plan should be developed that encompasses the whole state, not just a specific region of the state; and WHEREAS, federal, state, and local governments are facing funding shortfalls for the building and maintenance of transportation infrastructure; and WHEREAS, the deteriorating condition of existing roads, bridges, and other transportation facilities, along with the delays in building new facilities, causes safety issues, gridlock, and congestion and reduces the public's ability to move about the state; and WHEREAS, the Joint Study Committee on Alternative Transportation Funding has studied the myriad issues surrounding transportation in all corners of this state and proposes the following items be considered and included in a state-wide transportation plan: 1. Georgia must begin to utilize public-private initiatives (PPIs) to raise capital to start and maintain transportation facilities, when a project meets the criteria for a PPI. A PPI allows necessary projects to be constructed at a much faster pace with less of a financial burden on the government and the costs of the project can be leveraged against future 4124 JOURNAL OF THE SENATE revenues to be generated by the project; 2. Georgia should implement, as soon as practicable, high occupancy toll lanes (HOT lanes) to electronically toll drivers who desire to travel in low congestion lanes for a price. 3. Georgia must begin to attract private capital into the transportation arena by preparing and implementing proposals to have private companies build and maintain transportation facilities on behalf of the state. The private companies will be offered concessions (such as toll revenue) in order to make the deal palatable to investors; and 4. Georgia must realize that it will be impossible to build highways fast enough to handle the demand for mobility that the future is sure to bring. A public transit system that is accessible, fast, and safe must be included in any viable transportation plan. Whether by express buses, light or heavy rail, or mag-lev train, or any combination thereof, Georgia must fund and construct a modern public transit system in order to continue the dynamic economic growth of this state. WHEREAS, the first step to assuring Georgians of a bright and mobile future is the development of a state-wide strategic transportation plan to accomplish this goal. A state-wide plan should eliminate construction of transportation projects based on political expediency and promote construction based on recognized project criteria that are set forth in the state-wide strategic transportation plan. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body urges the Department of Transportation to develop a state-wide strategic transportation plan, including the elements set forth in this resolution, to assure all Georgians of a mobile and prosperous future. BE IT FURTHER RESOLVED that this body urges the Department of Transportation to report to the General Assembly by December 31, 2008, on its progress in developing a state-wide strategic transportation plan. 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 Commissioner of the Georgia Department of Transportation and to each member of the State Transportation Board. Senator Mullis of the 53rd moved that the Senate agree to the House substitute to SR 781. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Schaefer C Seabaugh Y Seay Y Shafer,D FRIDAY, APRIL 4, 2008 4125 Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Me V Bremen (PRS) Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed E Rogers C Smith Y Staton Y Stoner Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 781. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate amendment to the House substitute to the following Bill of the Senate: SB 88. By Senators Unterman of the 45th, Seay of the 34th, Williams of the 19th, Schaefer of the 50th and Johnson of the 1st: 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 program to provide a subsidy to certain grandparents raising grandchildren under certain circumstances; to provide for an assessment and evaluation of certain aspects of the program; to provide for other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. 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 4126 JOURNAL OF THE SENATE part of the Senate on the following Bill of the House: HB 1158. By Representatives Stephens of the 164th, Scott of the 153rd, Cooper of the 41st, Channell of the 116th, Oliver of the 83rd and others: A BILL to be entitled an Act to fund the Georgia Trauma Trust Fund; to amend Article 5 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the Georgia Trauma Care Network Commission, so as to provide for certain reports; to provide for intent of the General Assembly with regard to certain funds for funding the Georgia Trauma Trust Fund; 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 impose a charge on certain motor vehicle registrations in this state which shall be transferred to the state treasury for the purpose of funding the Georgia Trauma Trust Fund; to provide for the collection of such charge; to provide an effective date; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Stephens of the 164th, Scott of the 153rd, and Oliver of the 83rd. 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: HB 1209. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Cole of the 125th, Maxwell of the 17th 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 that a local school system may enter into a contract with the State Board of Education for increased flexibility in exchange for increased accountability; to provide that a local school system can opt for the status quo; to provide for the development of a three-year strategic plan; to change certain provisions relating to waivers to improve student performance; 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, and Dickson of the 6th. Senator Grant of the 25th was excused for business outside the Senate Chamber. The following resolution was taken up to consider House action thereto: FRIDAY, APRIL 4, 2008 4127 SR 1055. By Senators Mullis of the 53rd, Thomas of the 54th and Tate of the 38th: A RESOLUTION honoring the accomplishments of Joel A. Katz and dedicating a road in his honor; and for other purposes. The House substitute was as follows: A RESOLUTION Dedicating certain portions of the state highway system; and for other purposes. PART I WHEREAS, Joel A. Katz is considered to be a definitive leader in the field of entertainment law; and WHEREAS, more than 30 years ago, he founded Katz, Smith & Cohen, which became one of the nations largest entertainment law firms; and WHEREAS, his earliest clients included James Brown and a then unknown Willie Nelson and the client roster grew to include B.B. King, George Strait, Jimmy Buffet, Sheryl Crow, Sammy Hagar, Kenny Chesney, Alan Jackson, James Taylor, Josh Groban, and Brooks and Dunn; and WHEREAS, in 1998, he merged his firm with the international law firm Greenberg Traurig and took on the position of co-managing shareholder of the Atlanta office; and WHEREAS, Katz also serves as a music industry representative for the State of Georgia Film, Video, and Music Advisory Commission, appointed by Governor Sonny Perdue; and WHEREAS, in 1995, he was inducted into the Georgia Music Hall of Fame as the first and only attorney ever to receive that honor; and WHEREAS, in 2002, he received the "Heroes Award" from the Atlanta chapter of The Recording Academy and Georgia Trend magazine named him as one of the 100 most influential Georgians; and WHEREAS, Katz received his law degree from the University of Tennessee in 1969 and in 1999, the newly constructed law library was named in his honor. PART II WHEREAS, Jere C. Ayers, a lifelong resident of Madison County, died on May 13, 2005, at the age of 91; and 4128 JOURNAL OF THE SENATE WHEREAS, "Mr. Jere," as he was known to all, was a uniquely dedicated and valued citizen of Madison County whose contributions to the public good and civic life of the county are too numerous to list in their entirety; and WHEREAS, among Mr. Jeres accomplishments are his service in the United States Navy during World War II; his lifelong work in journalism, beginning with his employment as a youth at The Comer News, which his parents purchased in 1914 and of which he became owner and publisher in 1945, and his later service as the owner and publisher of Madison County Newspapers, Inc., The Comer News, and the Danielsville Monitor; his dedication to the Meadow Baptist Church where he served over 50 years as a deacon and 23 years as Sunday school director; his over 50 years of service as a Mason, Scottish Rite and York Rite; his 67 years with the Woodsmen of the World; his charter membership in the Madison County Rotary Club; his membership in the American Legion since World War II; his charter membership in the Comer Lions Club which honored him with its 50 Year Award; his service as a member of the Georgia House of Representatives in the 1950s; being the recipient of the 50 Year Medallion from the Georgia Press Association for 50 years of service to the newspaper industry; his service as a board member of the Madison County Library until his retirement; and his critical role in the acquisition of the Watson Mill Bridge State Park land; and WHEREAS, Mr. Jere will be greatly missed by the citizens of Madison County for the vital role that he played in the county and for his stellar example of public service and commitment; and WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community, state, and nation; and WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of his nation earned him the respect and admiration of his colleagues and associates; and WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and it is only fitting and proper that a lasting memorial should be named in his honor. PART III WHEREAS, the American Camellia Society has been in existence for over 60 years and is recognized as the leading camellia organization in the United States; and WHEREAS, the Executive Director, Sandra Byrd, the staff, and the National Board of the American Camellia Society are proud of the contributions of all who have given of their time and support to the facility since its establishment in 1968 through a generous gift of 160 acres by the late Dr. Dave Strother; and FRIDAY, APRIL 4, 2008 4129 WHEREAS, the purposes of this nonprofit corporation, as stated in its articles of incorporation, are to promote interest in the genus Camellia L., scientific research in its culture, standardization of its varietal names, certification of new varieties, dissemination of information concerning the above, creation of a foundation to further these purposes, and promotion of the organization and affiliation of local Camellia Societies in the United States; and WHEREAS, the mission of the American Camellia Society is to be a self-sufficient, national membership society committed to continually building its membership through offering world-class products, leading in camellia research and education, and being supported by efficient and effective organizational systems; and WHEREAS, the American Camellia Society also owns and maintains a self-sufficient, public garden at Massee Lane in Fort Valley, Georgia, serving camellia lovers nationally as well as residents of the region and tourists; and WHEREAS, during its 40 years of existence at Massee Lane Gardens, the society has provided a public garden, which has enriched the lives of countless Georgians and tourists who have visited the grounds in Peach County. PART IV WHEREAS, the states of Louisiana, Mississippi, Alabama, Nevada, and Arizona have already dedicated the portions of US 80 within their borders in honor of the veterans of the Korean War; and WHEREAS, US 80 runs from Columbus to Savannah, spanning the entire state of Georgia; and WHEREAS, hundreds of thousands of men and women served in the Korean War and over 34,000 died and over 100,000 were wounded in combat; and WHEREAS, despite the bitter cold and torturous terrain, these young Americans were the first to stand up against the threat of Communism; and WHEREAS, many citizens of the State of Georgia bravely fought in the Korean War, proudly serving their country as members of the armed forces, with many suffering injury and loss of life and limb as a result of their service; and WHEREAS, Georgia takes great pride in these brave and honorable men and women who demonstrated their love for this country through their service; and WHEREAS, the many Georgia veterans who served in the armed forces of this nation during the Korean War distinguished themselves and contributed substantially to this 4130 JOURNAL OF THE SENATE state in other ways as well; and WHEREAS, this tribute to Georgias Korean War veterans is long overdue and it is only fitting that this state honor them with this lasting memorial. PART V WHEREAS, Justice Clarence Thomas was born June 23, 1948, in Pin Point, Georgia, an enclave of 500 inhabitants south of Savannah on the Moon River. Named after the plantation that once stood on the land, Pin Point was divided up after the Civil War and given to the former slaves. It is easy to miss the tiny community where Clarence Thomas once lived; however, there is a sign at the turnoff noting that he was born there; and WHEREAS, Justice Thomas was the second child and first son of Leola Williams and M. C. Thomas. His father abandoned the family when Thomas was two. After the wooden house they lived in burned down and their mother remarried, Thomas and his brother went to live with their grandfather, Myers Anderson, in Savannah; and WHEREAS, Anderson had a profound influence on Thomass upbringing and character. In a time when African Americans were forced to the backs of buses, banned from restaurants, and denied employment opportunities, Anderson decided the only way to beat racism was to work for himself. As a result, he was able to provide his grandsons with a comfortable home, including things most people take for granted, such as three meals a day and indoor plumbing; and WHEREAS, Anderson admonished his grandsons to work hard in school. After school, Thomas and his brother worked for their grandfather making fuel deliveries. Thomas often recalls how his grandparents had impressed on him that "school, discipline, hard work and 'right-from-wrong' were of the highest priority"; and WHEREAS, Justice Thomas married Virginia Lamp, May 30, 1987, and they had one child, Jamal Adeen; and WHEREAS, after high school, he attended Conception Seminary, 1967-1968; Holy Cross College, A.B. cum laude, Alpha Sigma Nu, Purple Key; and Yale Law School, J.D., 1974; and WHEREAS, he was nominated by President Bush as Associate Justice of the United States Supreme Court and took oath of office October 23, 1991; and WHEREAS, it is only fitting that Justice Clarence Thomas, who rose from humble beginnings through hard work and discipline, be honored for his great achievements. FRIDAY, APRIL 4, 2008 4131 PART VI WHEREAS, PFC Robert Adrian Worthington, 19, of Jackson, Georgia, was assigned to the 4th Battalion, 9th Infantry Regiment, 4th Brigade, 2nd Infantry Division (Stryker Brigade Combat Team), based in Fort Lewis, Washington; and WHEREAS, he died on May 22, 2007, in Taji, Iraq, of wounds sustained when an improvised explosive device detonated near his unit; and WHEREAS, this courageous soldier, in the spirit of the American patriot, confronted the dangers, privations, and discomforts of wartime service with steadfast resolve, making us as a nation truly proud; 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 VII WHEREAS, William Harvey Jewell, Sr., served in the United States Army and was a combat veteran of the Korean War; and WHEREAS, William Harvey Jewell, Sr., was awarded two Bronze Star Medals, the Korean Service Medal, and the Combat Infantrymans Badge for his service in Korea; and WHEREAS, following the Korean war, he returned to this area and served as Chief of Police in Willacoochee and Pearson before his passing in 1992; and WHEREAS, it is fitting and appropriate to honor William Harvey Jewell, Sr., for his service to the United States of America and the State of Georgia by the naming of a lasting memorial in honor and memory of his service. PART VIII WHEREAS, Shellie W. Parrish was born in Berrien County, married Lena Taylor of Berrien County, raised his family in Berrien County, and lived his entire life in Berrien County until his passing on June 20, 1970; and WHEREAS, as a young farmer he employed good business practices and hard work to become one of the largest farmers in Berrien County; and WHEREAS, he was a very successful farmer, but he was humble and charitable; and WHEREAS, although he was encouraged by friends and neighbors, he never sought public office, but he was always a leader and a pillar of his community; and 4132 JOURNAL OF THE SENATE WHEREAS, it is fitting and appropriate to honor Shellie W. Parrish for his exemplary life and service as a husband, father, and citizen of Berrien County with the naming of the SR 37 bridge on the Willacoochee River in his memory. PART IX WHEREAS, Mr. Lucius Murphy Jacobs has been an unselfish citizen of Berrien County with an unwavering commitment to helping others in both Berrien and Atkinson counties; and WHEREAS, Mr. Jacobs has faithfully served the Grand Lodge of Free and Accepted Masons of Georgia for 50 years, having served as Worshipful Master three times in his local lodge and served in each position of leadership in that lodge at least once; and WHEREAS, as a Shriner, he is known throughout his community by the annual orange and grapefruit fund raiser to benefit the Shrine Hospitals; and WHEREAS, he has also served as Fire Chief of the Volunteer Fire Department in his community and participated in numerous community service projects providing leadership and unselfish service to many good causes; and WHEREAS, it is fitting and appropriate to honor Mr. Lucius Murphy Jacobs for his exemplary life and service as an unselfish and caring citizen of Berrien County by the naming of the US 82/SR 520 bridge on the Willacoochee River in his honor. PART X WHEREAS, Virgil T. Barber served in the Third Chemical Battalion assigned to the Third Army, United States Army, from October 17, 1940, until March 26, 1945; and WHEREAS, Virgil T. Barber served as a medical technician and served in the Sicilian campaign, the Italian campaign, and in France and Germany; and WHEREAS, he was wounded on January 9, 1944, with a compound fracture in his right leg; and WHEREAS, Virgil T. Barber was awarded the American Defense Service Medal, the Silver Star, the Purple Heart, the European African Medal, and the Eastern Theatre Medal; and WHEREAS, it is fitting and appropriate to honor Virgil T. Barber for his service to the United States of America, the State of Georgia, and Berrien County with the naming of the SR 125 bridge on the Willacoochee River in honor of his service. FRIDAY, APRIL 4, 2008 4133 PART XI WHEREAS, Hubert F. Comer served in the United States Navy and was assigned to the USS Rich, a destroyer escort during the Normandy invasion in June 1944; and WHEREAS, the USS Rich hit three German mines off the Normandy coast two days after the Normandy invasion; and WHEREAS, Hubert F. Comer was listed among the missing, and his body was never recovered; and WHEREAS, Hubert F. Comer was awarded the American Area Campaign Medal, the European-African-Middle Eastern Area Campaign Medal, and the Purple Heart; and WHEREAS, it is fitting and appropriate to honor Hubert F. Comer for his service and ultimate sacrifice in that service to the United States of America, the State of Georgia, and Berrien County by the naming of the SR 37 bridge on Cat Creek in honor and memory of his service and sacrifice. PART XII WHEREAS, William J. Livsey was born June 8, 1931, at Clarkston, Georgia, where he attended the public schools and there distinguished himself in scholastics and athletics; and WHEREAS, after graduating from Clarkston High School he attended North Georgia College where he further excelled scholastically and athletically, and he completed the Reserve Officer Training Corps curriculum, graduating in June 1952, whereupon he was commissioned a Second Lieutenant in the United States Army; and WHEREAS, shortly thereafter, he served as a platoon leader in the Korean War, earning the Silver Star for gallantry in action; and WHEREAS, he continued to distinguish himself in his military career seeing further combat duty in Viet Nam as Commander of an infantry battalion; rising through every level of command position while serving in the United States and in four subsequent overseas tours, and culminating his career with assignment as Commander in Chief, United Nations Command/Commander in Chief, Combined Forces Command/Commander, United States Forces, Korea/Commanding General, Eighth United States Army; and WHEREAS, his military education included completion of the Armys Command and General Staff College (where he was first in his class), the Armed Forces Staff College, and the Army War College; and 4134 JOURNAL OF THE SENATE WHEREAS, awards and decorations received by him also include the Defense Distinguished Service Medal, the Legion of Merit with three Oak Leaf Clusters, the Distinguished Service Medal with Oak Leaf Cluster, the Distinguished Flying Cross, the Bronze Star Medal with "V" Device, and the Army Commendation Medal with "V" Device (with two Oak Leaf Clusters); and WHEREAS, General Livsey retired in 1987 after attaining the rank of four-star General, one of only four Georgians ever to be so recognized by the United States Army; and WHEREAS, after his retirement General Livsey served the people of our state as a member of the Board of Trustees of North Georgia College and State University, his alma mater; and WHEREAS, throughout his career of service around the world, General Livsey continually maintained his home in our State of Georgia, residing today at his residence in Fayette County with his wife Bena Sue Burns Livsey, originally of East Point; and WHEREAS, General Livsey is credited with being among the first, if not the first, to remind us that "Freedom is not Free"; and WHEREAS, the life of unselfish service of General William J. Livsey has been dedicated to securing and preserving the blessing of freedom to the people of the United States of America, bringing honor and pride to his native State of Georgia. PART XIII WHEREAS, Sergeant Callahan was born on March 17, 1919, in Taylor County, Georgia to William and Jewell Callahan; and WHEREAS, Sergeant Callahan graduated from Butler High School and continued his education at Georgia Southwestern College and the University of Georgia Cotton Classification School; and WHEREAS, he was drafted in 1941, entered the Army, and was assigned to U.S. Army Air Corps, where he was trained as an air traffic controller and stationed at Pacos Army Air Field in Texas; and WHEREAS, as World War II came to a close Sergeant Callahan was shipped to Madison, Wisconsin to be discharged, and as was the custom there, while waiting for their official discharge soldiers were permitted to go into town each day and earn extra income; on one such day Sergeant Callahan took a construction job and while more than 13 floors up, an act of God caused a gust of wind that blew a sheet of plywood into Sergeant Callahan causing him to fall over the edge of the building to his death; and FRIDAY, APRIL 4, 2008 4135 WHEREAS, Sergeant Callahan was in uniform and still a soldier in the Army at the time of his accident, and he is believed to be the only fatal casualty in south Taylor County during World War II. PART XIV WHEREAS, Leonard R. "Nookie" Meadows was born December 8, 1926, in Meriwether County, Georgia; he was the son of James Alvin and Mozelle Wise Meadows; and WHEREAS, he was a lifelong resident of Manchester, Georgia, and retired after a successful career as the president of the Meadows Companies, which included Meadows Motors, Inc., Meadows Ford, Inc., Meadows Insurance Agency, Smith-Steele Meadows Funeral Home, and Meadows Farms; and WHEREAS, for most of his life, Nookie took an active interest in his community and its citizens, relentlessly volunteering his time and energy so that others might experience a better quality of life, and he built a viable business network that provided local employment and stimulated economic growth that benefited the lives of many people throughout the community and state; and WHEREAS, he served as Representative of House District 91 from 1987 until 1992; and WHEREAS, he was a member of the National Automobile Dealers Association, the Georgia State University Foundation Fund, and the Columbus Bank and Trust Advisory Board; a past president of the Manchester Industrial Corporation; a member of the Meriwether County Chamber of Commerce; a past president of the Kiwanis Club, where he held perfect attendance for 43 years; a member of the committee to save the Georgia Warm Springs Foundation, now the RWSIR; chairman and chairman emeritus of the Roosevelt Warm Springs Rehabilitation Fund from 1986 to 1992; a past president of the Roosevelt Warm Springs Development Fund; a past president of the Manchester Jaycees; a member of the Stephens Lodge #586 of the Free and Accepted Masons, the AL Sihah Shrine Temple, the Elks Lodge, the Moose Lodge, the American Legion, and the Pontiac Masters; a recipient of the Chevrolet Supremacy for over 22 years, the Honorary State Trooper award, the Flying Colonel award, the Manchester Chamber of Commerce Community Service Award, and the James T. Evans Rotary Award for Community Service; a member of the Manchester School Board, the Advisory Board of the Bank of Upson, and the Georgia Baptist Meriwether Hospital and Nursing Home Board; and he spearheaded the relocation of Horizon Medical to Manchester; and WHEREAS, it is only fitting and proper to celebrate the life of this Georgian and to recognize his great contributions to this state and to his community by dedicating the Leonard R. "Nookie" Meadows Memorial Highway in his memory. 4136 JOURNAL OF THE SENATE PART XV WHEREAS, Corporal Michael Douglas Young served with the Georgia State Patrol from 1985 until his death in 2006 at the age of 47; and WHEREAS, he succumbed to injuries sustained in an automobile accident on I-95, in Glynn County, Georgia; and WHEREAS, he was responding to a call to assist another officer who was involved in a vehicle pursuit when the tragic accident occurred; and WHEREAS, Corporal Young is survived by his wife, Martha; his daughters, Morgan and Mickey; his granddaughter, Mikale; and his grandson, Maguire; and WHEREAS, it is only proper and fitting to honor Corporal Youngs courageous service to the people of Georgia by dedicating an interchange on I-95 in his memory. PART XVI WHEREAS, James Roy "Pop" Lewis will always be remembered by the citizens of Lincoln County for his many contributions to the community and to the world of bluegrass and gospel music; and WHEREAS, he was born in Pickens, South Carolina, on September 22, 1905, and at the age of five years old, he moved to Lincoln County, Georgia; and WHEREAS, on October 25, 1925, at the age of 20, he eloped with the former Pauline Holloway with whom he had eight children; and WHEREAS, through his leadership, The Lewis Family, also known as the "First Family of Bluegrass Gospel," moved from singing on front porches in the late 1940s to performing in such places as the Lincoln Center in New York City; the Grand Ole Opry in Nashville, Tennessee; and the Baird Auditorium at the Smithsonian Institute in Washington, D.C.; and WHEREAS, The Lewis Family holds the record for the longest running gospel music show in America, airing for 38 years from 1954 to 1992 on WJBF in Augusta, Georgia; and WHEREAS, Pop Lewis received numerous awards including his induction into the Georgia Music Hall of Fame in 1992, his induction into the Southern Gospel Music Association Hall of Fame in 2000, the Distinguished Achievement Award from the International Bluegrass Music Association in 2001, and a Lifetime Achievement Award from SGN Scoops Magazine; and FRIDAY, APRIL 4, 2008 4137 WHEREAS, on the sad day of March 24, 2004, at the age of 98, Mr. Lewis departed this life. PART XVII WHEREAS, PFC David G. Bryan was killed in action in Pleiku, Republic of South Vietnam, on June 11, 1966; and WHEREAS, he was a soldier in Company C, Second Battalion of the 28th Infantry; and WHEREAS, he is believed to be the first soldier from Lumpkin County, Georgia, killed in action in Vietnam; and WHEREAS, he was born on January 5, 1946, and was raised along the portion of road now to be dedicated in his honor; and WHEREAS, it is only fitting to honor the memory of this courageous young man who went to war to defend freedom and liberty for all Americans. PART XVIII WHEREAS, Bobby Staton was born in Rabun County, Georgia, and was raised in Clayton, Georgia; and WHEREAS, he began his career with the Georgia State Patrol on July 7, 1968, and retired as a senior trooper on June 1, 2000, after 32 years of excellent service; and WHEREAS, he was a dedicated trooper and a good and honest man; and WHEREAS, Bobby was a master mason in Blue Ridge Lodge # 67 and was a member of the Blue Ridge First Baptist Church; and WHEREAS, he was a wonderful father and husband and leaves behind his beautiful wife, Claudia Cannon Staton, and their two children, son Cole Staton and daughter Shannon Staton; and WHEREAS, Bobby Staton passed away on July 2, 2002, from cancer; and WHEREAS, it is only fitting to dedicate a lasting memorial in honor of his life well lived and his tireless service to the people of Georgia. PART XIX WHEREAS, Cleon Baker McCranie was born on May 22, 1919, to his proud parents, George Flowers McCranie, Jr., and Margaret Ellen Baker McCranie; and WHEREAS, he was married on March 4, 1950, to Alice Nell McCranie, and they had 4138 JOURNAL OF THE SENATE two children, Margaret (Peggy) Ann McCranie and James (Jim) Baker McCranie; and WHEREAS, he attended school at Willacoochee Elementary and Willacoochee High School and furthered his education at Gordon Military College; and WHEREAS, his business background included tree farming, turpentine farming, and working in a partnership with his brothers; and WHEREAS, Cleon was inducted into the United States Army on April 15, 1942, at Fort McPherson, Georgia, and served during World War II; and WHEREAS, he served as a Technician 5th Grade in the Headquarters Battery of the 563rd Field Artillery Battalion, and he was one of the first soldiers to cross the Rhine River and enter Germany; and WHEREAS, Cleon told his son, Jim, that he once was the front man in a Jeep that led his battalion through a German mine field; he was under the command of General George S. Patton, and was ordered to "Just drive down that road until you get blown up"; and WHEREAS, he received many citations during his service, including a WWII Victory Medal, the Bronze Star, the American Theater Service Ribbon, the Good Conduct Medal, and a Purple Heart; and WHEREAS, he received an Honorable Discharge on December 22, 1945, and returned to his home and family where he lived a full life until he passed away on March 23, 1977. PART XX WHEREAS, Mr. Wayne Shackelford is a native of Carroll County, Georgia, where he attended the public schools; and WHEREAS, he earned a Bachelor of Science degree in agriculture from Berry College and went on to graduate work at the University of Georgia; and WHEREAS, in 1991, he was named by the State Transportation Board as the Commissioner of the Georgia Department of Transportation; and WHEREAS, as commissioner of the Georgia Department of Transportation, he played an important role in the transportation, well-being, and quality of life of all Georgians; and WHEREAS, under his leadership, the Georgia Department of Transportation completed the Commuter Rail Study in 1995 and the Intercity Rail Study in 1997; and he preserved essential freight rail corridors by acquiring ten rail lines totaling 281 miles and rehabilitating 12 rail lines totaling 251 miles; and FRIDAY, APRIL 4, 2008 4139 WHEREAS, he fostered the development of the most comprehensive traffic and incident management system in the world in time for the Centennial Olympic Games; and WHEREAS, he was instrumental in the development of a unified transportation system in counties for nonemergency medical transportation as well as playing a key role in the purchase of transit coaches and bus related facilities for Georgias major transit systems; and WHEREAS, he challenged Georgia DOT personnel to reduce their single occupancy vehicle commute rate in the metropolitan Atlanta area by 20 percent for the entire smog season, and those employees surpassed their goal two years in a row; and WHEREAS, his service as chairman of the Intelligent Transportation Society of America, chairman of the Executive Committee of the Transportation Research Board, and president of the American Association of State Highway and Transportation Officials and the Southeastern Association of State Highway and Transportation Officials gave Georgia great respect in the U.S. Congress and in the executive branch, and Georgia benefited financially therefrom; and WHEREAS, given his many contributions to the State of Georgia it is the desire of the General Assembly to find a concrete expression for its gratitude, and it is only fitting and proper that he be recognized for his outstanding accomplishments and dedication in serving the citizens of our great state. PART XXI WHEREAS, Mr. Howard Rogers Youngblood was born in Banks County, Georgia, on May 2, 1927, and moved to the City of Madison in Morgan County, Georgia, when he was 12 years old; and WHEREAS, at the age of 17, he entered the Merchant Marines as a seaman for two years, returning to Morgan County in 1946 to begin his career with the Georgia Department of Transportation as a resident engineer; he later served as head of the Maintenance Department for the Georgia Department of Transportation in Morgan County; and WHEREAS, he began his dairy operation and became a member of the Dairy Association in 1953, and he became director of the Morgan County Farm Bureau in 1955, a position he held until his retirement from the board in 2007; and WHEREAS, he has served on the board of the American Dairymen Association and the board of DHIA and was recognized as the Soil Conservation Man of the Year and the Georgia Distinguished Cooperator; and 4140 JOURNAL OF THE SENATE WHEREAS, he has diligently and conscientiously devoted over 62 years to being a successful dairy farmer and an employee of the Georgia Department of Transportation; and WHEREAS, he is a devoted husband to his wife, Mary Elizabeth Morris, and a devoted father, grandfather, and great-grandfather; and WHEREAS, Mr. Youngblood has long been recognized by the citizens of this state for the vital role that he has played in community leadership and his deep personal commitment to his community and this state; and WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this distinguished Georgian be appropriately recognized. PART XXII WHEREAS, William "Billy" L. Powell, Jr., began working with the Georgia Department of Transportation in 1963, and he worked his way up the ladder from engineering aide to transportation engineer II; and WHEREAS, he retired in 1996 after 34 years of faithful service, after which he worked with CPI Construction Company and Zel Engineers; and WHEREAS, his first love in life was his family, his dear wife, Mary Alice, and his two daughters, and they were always on his mind, and his second love was fishing; and WHEREAS, Mr. Powell was tragically killed by an unknown gunman a few days before Thanksgiving, 2005; and WHEREAS, he is remembered in his community as a man of strong family values and moral fiber. PART XXIII NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of US 41 from West Paces Ferry Road to Moores Mill Road in Fulton County be dedicated as the Joel A. Katz Parkway. BE IT FURTHER RESOLVED that State Route 98 in Madison County from the traffic light at the intersection with State Route 72 in the City of Comer to the traffic light at the intersection with U. S. Highway 29 in the City of Danielsville is dedicated as the Jere Ayers Parkway. BE IT FURTHER RESOLVED that, in recognition of 40 years of service, the facility known as American Camellia Society Headquarters located in Fort Valley, Georgia, shall FRIDAY, APRIL 4, 2008 4141 serve as the official state resource center for information and education on the horticultural aspects of the genus Camellia and the Department of Transportation is hereby authorized and directed to place and maintain appropriate signs so designating said facility. BE IT FURTHER RESOLVED that the portion of US 80 located within the State of Georgia be dedicated as the Korean War Veterans Memorial Highway, and the Department of Transportation is authorized and directed to place and maintain appropriate markers in Columbus, Macon, and Tybee Island, Georgia, dedicating the Korean War Veterans Memorial Highway. BE IT FURTHER RESOLVED that the members of this body dedicate the interchange at the intersection of Interstates 16 and 95 in Chatham County as the Clarence Thomas Interchange. BE IT FURTHER RESOLVED that the members of this body dedicate the portion of SR 81 between its intersections with US 19/41 and SR 3, in Henry County, as the PFC Robert Adrian Worthington Memorial Highway. BE IT FURTHER RESOLVED that the bridge at the Alapaha River on US 82 on the Berrien-Atkinson County line, is dedicated as the William Harvey Jewell, Sr. Memorial Bridge. BE IT FURTHER RESOLVED that the bridge at the Willacoochee River on SR 37 in Berrien County, Georgia, is dedicated as the Shellie W. Parrish Memorial Bridge. BE IT FURTHER RESOLVED that the bridge at the Willacoochee River on US 82/SR 520 in Berrien County, Georgia, is dedicated as the Lucius Murphy Jacobs Bridge. BE IT FURTHER RESOLVED that the bridge at the Willacoochee River on SR 125 in Berrien County, Georgia, is dedicated as the Virgil T. Barber Bridge. BE IT FURTHER RESOLVED that the bridge at Cat Creek on SR 37 in Berrien County, Georgia, is dedicated as the Hubert F. Comer Memorial Bridge. BE IT FURTHER RESOLVED that the portion of SR 314 North running from its intersection with SR 85 and running northerly to the Fayette County line shall be dedicated as the General Bill Livsey Highway. BE IT FURTHER RESOLVED that the bridge over the CSX Railroad located in Rupert, Taylor County, Georgia, between mile markers North 5.3 and South 5.2 on US 19/SR 3 be dedicated as the SGT. William Morgan Callahan Memorial Bridge. 4142 JOURNAL OF THE SENATE BE IT FURTHER RESOLVED that the portion of SR 85 East between Manchester and Woodbury in Meriwether County, Georgia, be dedicated as the Leonard R. "Nookie" Meadows Memorial Highway. BE IT FURTHER RESOLVED that the interchange on I-95 at the intersection with US 17 at Exit 29, in Glynn County, be dedicated as the Corporal Michael Douglas Young Memorial Interchange. BE IT FURTHER RESOLVED that the portion of SR 378 in Lincoln County, Georgia, between the city limits of the City of Lincolnton and the Wilkes County boundary, be dedicated as the James Roy "Pop" Lewis Memorial Highway. BE IT FURTHER RESOLVED that the portion of SR 115 starting at its intersection with Emory Stephens Road and extending easterly to the White/Lumpkin County line is dedicated as the PFC David G. Bryan Memorial Highway. BE IT FURTHER RESOLVED that the bridge over Lake Burton on US 76 be dedicated as the Bobby Staton Memorial Bridge. BE IT FURTHER RESOLVED that the westbound lane of the westernmost bridge over the Alapaha River on SR 82 at the Atkinson and Berrien County line as the Cleon Baker McCranie Memorial Bridge. BE IT FURTHER RESOLVED that the interchange at I-85 and SR 316, in Gwinnett County, Georgia, is dedicated as the Wayne Shackelford Interchange. BE IT FURTHER RESOLVED that the bridge on US 441 over Sandy Creek in Morgan County be dedicated as the Howard Rogers Youngblood Bridge. BE IT FURTHER RESOLVED that the bridge on State Route 104 at the Augusta Canal in Richmond County is designated as the William "Billy" L. Powell, Jr., Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place 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 an appropriate copy of this resolution to the Department of Transportation, to Joel A. Katz, to the Board of Commissioners of Madison County, to the American Camellia Society, to the Korean War veterans organizations within Georgia, to Justice Clarence Thomas, to the family of Robert Adrian Worthington, to the family of William Harvey Jewell, Sr., to the family of Shellie W. Parrish, to Lucius Murphy Jacobs, to Virgil T. Barber, to the family of Hubert F. Comer, to General Bill FRIDAY, APRIL 4, 2008 4143 Livsey, to the family of Sergeant William Morgan Callahan, to the family of Leonard R. "Nookie" Meadows, to the family of Corporal Michael Douglas Young, to the family of James Roy "Pop" Lewis, to the family of PFC David G. Bryan, to the family of Robert "Bobby" Caroll Staton, to the family of Cleon Baker McCranie, to Mr. Wayne Shackelford, to Mr. Howard Rogers Youngblood, and to the family of William "Billy" L. Powell, Jr. Senator Mullis of the 53rd moved that the Senate agree to the House substitute to SR 1055. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison N Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Me V Bremen (PRS) Y Moody Y Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed E Rogers Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SR 1055. Senator Williams of the 19th was excused for business outside the Senate Chamber. The following bill was taken up to consider the Conference Committee Report thereto: HB 1111. By Representatives Floyd of the 147th, Rice of the 51st, Talton of the 145th, Powell of the 29th and Forster of the 3rd: A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official 4144 JOURNAL OF THE SENATE Code of Georgia Annotated, relating to drivers licenses, so as to provide for persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements; to provide for drivers license fees; to provide for limited driving permits; to provide for the issuance of identification cards; to provide for issuance of a commercial drivers license; to provide for the contents of applications for commercial drivers licenses; to provide for the contents of commercial drivers licenses; to provide for commercial driving disqualifications; to provide for penalties for commercial driving violations; to provide for issuance of identification cards for persons with disabilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on HB 1111 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1111 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Mullis of the 53rd /s/ Senator Murphy of the 27th /s/ Senator Hamrick of the 30th /s/ Representative Floyd of the 147th /s/ Representative Parham of the 141st /s/ Representative Rice of the 51st COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1111 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 information to be released by the Department of Driver Services for purposes of voter registration; to provide for persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements; to provide for drivers license fees; to provide for denial or suspension of license for noncompliance with child support order; to provide for suspension of license or driving privilege for failure to respond to citation; to provide for a revocation or suspension of a license to be effective by operation of law; to provide for limited driving permits; to provide for the issuance of identification cards; to provide for issuance of a commercial drivers license; to provide for the contents of applications for commercial drivers licenses; to provide for the contents of commercial drivers licenses; FRIDAY, APRIL 4, 2008 4145 to provide for commercial driving disqualifications; to provide for penalties for commercial driving violations; to provide for issuance of identification cards for persons with disabilities; to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of vehicles, so as to provide for use of light-emitting diode (LED) lights on extended loads; 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 40 of the Official Code of Georgia Annotated, relating to drivers licenses, is amended in Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licensees, by revising paragraph (6) of subsection (f) as follows: "(6)(A) The information required to be made available regarding voter registration pursuant to Code Section 21-2-221 and for the purposes set forth in such Code section; and (B) Information sufficient for use in verifying a registered voters identity by the Secretary of State, the county election superintendent, or the county registrar, including name, address, date of birth, gender, driver identification number, photograph, and signature; and" SECTION 2. Said chapter is further amended in Code Section 40-5-22, relating to persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements, by revising paragraph (2) of subsection (a.1) as follows: "(2) The department shall forthwith notify by certified mail or statutory overnight delivery, return receipt requested, any minor issued an instruction permit or drivers license in accordance with this subsection other than a minor who has terminated his or her secondary education and is enrolled in a postsecondary school or who is pursuing a general educational development (GED) diploma that such minors instruction permit or drivers license is suspended subject to review as provided for in this subsection if the department receives notice pursuant to Code Section 20-2-701 that indicates that such minor: (A) Has dropped out of school without graduating and has remained out of school for ten consecutive school days; (B) Has ten or more school days of unexcused absences in the current academic year or ten or more school days of unexcused absences in the previous academic year; or (C) Has been found in violation by a hearing officer, panel, or tribunal of one of the following offenses, has received a change in placement for committing one of the following offenses, or has waived his or her right to a hearing and pleaded guilty to one of the following offenses: (i) Threatening, striking, or causing bodily harm to a teacher or other school 4146 JOURNAL OF THE SENATE personnel; (ii) Possession or sale of drugs or alcohol on school property or at a school sponsored event; (iii) Possession or use of a weapon on school property or at a school sponsored event. For purposes of this subparagraph division, the term 'weapon' shall be defined in accordance with have the same meaning as in Code Section 16-11127.1 but shall not include any part of an archeological or cultural exhibit brought to school in connection with a school project; (iv) Any sexual offense prohibited under Chapter 6 of Title 16; or (v) Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student. Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the persons last known address shall be prima-facie evidence that such person received the required notice. Such notice shall include instructions to the minor to return immediately the instruction permit or drivers license to the department and information summarizing the minors right to request an exemption from the provisions of this subsection. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. The department shall be authorized to grant an exemption from the provisions of this subsection to a minor, upon such minors petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minors family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or drivers license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period of one year or shall end upon the date of such minors eighteenth birthday or, if the suspension was imposed pursuant to subparagraph (A) of this paragraph, 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 in Code Section 40-5-25, relating to drivers license fees, by revising subsection (b) as follows: "(b)(1) Each person applying for a Class P commercial or noncommercial instruction permit for a Class A, B, C, or M drivers license shall pay the applicable license fee FRIDAY, APRIL 4, 2008 4147 prior to attempting the knowledge test for the instruction permit sought. If said person fails to achieve a passing score on the knowledge test, the license fee paid shall be considered a testing fee and retained by the department. Any person failing to achieve a passing score on the knowledge test for an instructional permit shall pay the applicable license fee on each subsequent attempt until successful, at which time said fee shall be his or her license fee. (2) Each person applying for a Class A or B commercial drivers license shall pay the applicable license fee at the time that he or she schedules his or her appointment for said skills test. If said person fails to appear for his or her scheduled skills test appointment or fails to achieve a passing score on the skills test, the license fee paid shall be considered a testing fee and retained by the department. The person shall pay the applicable license fee on each subsequent attempt until successful, at which time said fee shall be his or her license fee. All fees retained by the department pursuant to this Code section shall be remitted to the general fund. Reserved." SECTION 4. Said chapter is further amended in Code Section 40-5-54.1, relating to denial or suspension of license for noncompliance with child support order, by revising subsections (b) through (e) as follows: "(b) The department shall suspend, as provided in Code Sections 19-6-28.1 and 19-119.3, the license of any driver upon receiving a record from the agency or a court of competent jurisdiction stating that such driver is not in compliance with an order for child support. The department shall send notice of any suspension imposed pursuant to this Code section. Such notice shall be sent via certified mail to the address reflected on its records as the drivers mailing address. The mailing of such notice by the department shall be deemed conclusively to be notice to such driver of the suspension of his or her drivers license and shall be deemed to satisfy all notice requirements of law, and no further notice to the driver shall be required for the suspensions provided for in this Code section. (c) The suspension or denial of an application for issuance or renewal of a license shall be for an indefinite period and until such person shall provide proof of compliance with an order for child support. Such persons license shall be reinstated if the person submits proof of compliance with an order for child support from the agency or court of competent jurisdiction and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail for the return of his or her license. (d) Any person who receives notice from the agency that his or her registration is subject to denial or suspension may request a hearing and appeal as provided for in Code Section 19-6-28.1 or 19-11-9.3. Notwithstanding any provisions of law to the contrary, the hearings and appeal procedures provided for in such Code sections shall be the only such procedures required for purposes of this Code section. (e) A person whose drivers license has been suspended pursuant to this Code section may apply to the department for a restricted driving permit as provided in Code Section 40-5-71." 4148 JOURNAL OF THE SENATE SECTION 5. Said chapter is further amended in Code Section 40-5-56, relating to suspension of license or driving privilege for failure to respond to citation, by revising subsection (a) as follows: "(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 in this state or in any other state for a traffic violation other than a parking violation. The department shall include language in the uniform traffic citation stating that failure to appear and respond to such citation shall result in the suspension of the violators drivers license or nonresident driving privilege. The language reflected on a uniform traffic citation issued in this state shall be sufficient notice of said suspension to support a conviction for a violation of Code Section 40-5-121 if such person drives subsequent to the imposition of such a suspension following his or her failure to appear. Notwithstanding the foregoing, the department shall send notice of any suspension imposed pursuant to this Code section. Such notice shall be sent via certified mail to the address reflected on its records as the persons mailing address. The mailing of such notice by the department shall be deemed conclusively to be notice to such person of the suspension of his or her drivers license and shall be deemed to satisfy all notice requirements of law, and no further notice to the owner shall be required for the suspension provided for in this Code section." SECTION 6. Said chapter is further amended by revising Code Section 40-5-60, relating to when a revocation or suspension of a license is effective, as follows: "40-5-60. All revocations and suspensions provided for in this chapter shall be effective on the day the driver receives actual knowledge or legal notice thereof, whichever occurs first. Notice of suspension by operation of law shall be considered legal notice. Any license suspension or revocation mandated in this chapter following a persons conviction for any offense, including suspensions due to the accumulation of points pursuant to Code Section 40-5-57, shall be by operation of law." SECTION 7. Said chapter is further amended in Code Section 40-5-64, relating to limited driving permits, by revising subsection (e) as follows: "(e) Duration Fees, duration, renewal, and replacement 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 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, or a suspension in FRIDAY, APRIL 4, 2008 4149 accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391, upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2, or upon the expiration of six months following proof of installation of an ignition interlock device in the case of a limited driving permit issued to a person subject to a court order for installation and use of such a device pursuant to Article 7 of Chapter 8 of Title 42; except that such limited driving permit shall expire upon any earlier reinstatement of the drivers license. A person 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. Permits issued pursuant to this Code section are renewable upon payment of a renewal fee of $5.00. Permits may be renewed until the person has his or her license reinstated for the violation that was the basis of the issuance of the permit. Upon payment of a fee in an amount the same as that provided by Code Section 40-525 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." SECTION 8. Said chapter is further amended in Code Section 40-5-103, relating to fees for the issuance of identification cards, by adding a new subsection to read as follows: "(f)(1) Every identification card shall be renewed on or before its expiration upon application, payment of the required fee, and, if applicable, satisfactory completion of any other requirements imposed by law. (2) An application for renewal of an identification card may be submitted by: (A) Personal appearance before the department; or (B) Subject to rules or regulations of the department consistent with considerations of public safety and efficiency of service to identification card holders, means other than personal appearance which may include, without limitation, by mail or electronically. The department may by such rules or regulations exempt persons renewing identification cards under this paragraph from any surrender requirement imposed under Georgia law. (3) Notwithstanding any other provision of this Code section, there shall be no fee whatsoever for replacement of any identification card solely due to a change of the identification card holders name or address, provided that such replacement identification card shall be valid only for the remaining period of such original term; and provided, further, that only one such free replacement identification card may be obtained within the period for which the identification card was originally issued. Any application for the replacement of a lost identification card or due to a change in 4150 JOURNAL OF THE SENATE the identification card holders name or address submitted within 150 days of the expiration of said identification card shall be treated as an application for renewal subject to the applicable fees as set forth in this Code section." SECTION 9. Said chapter is further amended in Code Section 40-5-147, relating to requirements for issuance of a commercial drivers license or instruction permit, by revising subsection (d) as follows: "(d)(1) A commercial drivers license or commercial drivers instruction permit may shall not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle or while the persons drivers license or driving privilege is suspended, revoked, or canceled in this or any other licensing jurisdiction; nor may a drivers license be issued to a person who has a commercial drivers license issued by any other state unless the person first surrenders all drivers licenses issued by any other state, which license or licenses shall be returned to the issuing state or states for cancellation. (2) The department shall obtain the driving record of any person who applies for a commercial drivers license from any other states in which he or she has been licensed or convicted. Upon receipt of conviction information for such a person, said convictions shall become part of the persons driving record in the State of Georgia as provided in Code Section 40-5-2. The department shall review each such persons prior driving record and impose any commercial driving disqualification to which such person is subject that was not imposed by another jurisdiction as required under federal law." SECTION 10. Said chapter is further amended in Code Section 40-5-149, relating to the contents of applications for commercial drivers licenses, by revising paragraph (1) of subsection (a) as follows: "(1) The full legal name and current mailing and residential address of the person;" SECTION 11. Said chapter is further amended in Code Section 40-5-150, relating to the contents of commercial drivers licenses, by revising subsection (a) as follows: "(a) The commercial drivers license shall be marked 'Commercial Drivers License' or 'CDL' and shall be, to the maximum extent practicable, tamperproof, and shall include, but not be limited to, the following information: (1) The full legal name and residential address of the person; (2) The persons color photograph; (3) A physical description of the person, including sex, height, weight, and eye color; (4) Full date of birth; (5) The persons social security number if such person has requested the use of such social security number on such license or another license number or identifier deemed FRIDAY, APRIL 4, 2008 4151 appropriate assigned by the department; (6) The persons signature; (7) The class or type of commercial motor vehicle or vehicles which the person is authorized to drive, together with any endorsements or restrictions; (8) The name of this state; (9) The dates between which the license is valid; and (10) The license fee and fees for any endorsements." SECTION 12. Said chapter is further amended in Code Section 40-5-151, relating to commercial driving disqualifications and suspending or revoking licenses, by revising subparagraphs (g)(1)(A) and (g)(1)(B) and paragraph (4) of subsection (g) as follows: "(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 90 180 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 two years and not more than five years; and" "(4) In addition to any other penalty imposed pursuant to this article, any driver who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than $1,100.00 and not to exceed $2,750.00 $2,500.00 for a first offense and not less than $5,000.00 for a second or subsequent offense." SECTION 13. Said chapter is further amended in Code Section 40-5-159, relating to penalties for commercial driving violations, by revising subsection (d) as follows: "(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 an out-of-service order shall be subject to a civil penalty in an amount not less than $2,750.00 and not to exceed $11,000.00 $25,000.00." SECTION 14. Said chapter is further amended in Code Section 40-5-171, relating to issuance and contents of identification cards for persons with disabilities, by revising subsection (b) as follows: "(b) The identification card for persons with disabilities shall bear the signatures of the commissioner and the Governor and shall bear an identification card number which shall not be the same as the applicants social security number, unless the person specifically requests that the social security number be used, or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section." 4152 JOURNAL OF THE SENATE SECTION 15. Said title is further amended by revising Code Section 40-8-27, relating to the placement of lights, flags, or strobe lamps on projecting loads, by inserting a new subsection as follows: "(b.1) In lieu of the strobe type lamp or lamps provided for in subsection (b) of this Code section, any motor vehicle or trailer transporting a load of logs, long pulpwood, poles, or posts which extend more than four feet beyond the rear of the body or bed of such vehicle shall have securely affixed as close as practical to the end of any such projection, one light-emitting diode (LED) light equipped with a multidirectional type lens, mounted so as to be visible from the rear and from both sides of the projecting load. If the mounting of one light-emitting diode (LED) light cannot be accomplished so that it is visible from the rear and from both sides of the projecting load, multiple light-emitting diode (LED) lights shall be utilized so as to meet the visibility requirements of this subsection. The light-emitting diode (LED) light shall flash at a rate of at least 60 flashes per minute and shall be plainly visible from a distance of at least 500 feet from the rear and sides at a radius of 180 degrees of the projecting load at any time of the day or night. Any light-emitting diode (LED) light shall be constructed of durable, weather resistant material and may be powered by the vehicles electrical system or by an independent battery system, or both. If the light-emitting diode (LED) light is powered by an independent battery system, the driver of the vehicle shall have in his or her immediate possession charged, spare batteries for use in case of battery failure. Any solid state light-emitting diode (LED) lighting that consists of multiple light-emitting diode (LED) lights shall not have less than 85 percent of the lightemitting diode (LED) lights in operable condition. The lights shall remain in operation at any time of the day or night when the vehicle is operated on any highway or parked on the shoulder or immediately adjacent to the traveled portion of any public roadway. The projecting load shall also be marked with a flag as described in subsection (c) of this Code section. An emergency light permit as provided for in Code Section 40-8-92 is not required on a vehicle utilizing a light-emitting diode (LED) light to comply with the provisions of this Code section." SECTION 16. This Act shall become effective on January 1, 2009, except for Sections 4 and 5 which shall become effective on January 1, 2010. SECTION 17. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd moved that the Senate adopt the Conference Committee Report on HB 1111. On the motion, a roll call was taken, and the vote was as follows: FRIDAY, APRIL 4, 2008 4153 Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas N Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Me V Bremen (PRS) Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Reed E Rogers Schaefer C Seabaugh Y Seay Shafer,D Y Smith Y Staton 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 Wiles E Williams On the motion, the yeas were 45, nays 4; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1111. The following bill was taken up to consider House action thereto: SB 344. By Senators Moody of the 56th, Hooks of the 14th, Seabaugh of the 28th, Golden of the 8th, Chance of the 16th and others: A BILL to be entitled an Act to amend Titles 2, 10, 12, 20, 45, 46, and 50 of the Official Code of Georgia Annotated, relating to agriculture, commerce and trade, conservation and natural resources, education, public officers and employees, public utilities and public transportation, and state government, respectively, so as to repeal and abolish certain boards and commissions that have become inactive, obsolete, antiquated, or unnecessary; 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 Titles 2, 10, 12, 20, 46, and 50 of the Official Code of Georgia Annotated, relating to agriculture, commerce and trade, conservation and natural resources, 4154 JOURNAL OF THE SENATE education, public utilities and public transportation, and state government, respectively, so as to repeal and abolish certain boards and commissions that have become inactive, obsolete, antiquated, or unnecessary; 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 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by revising Code Section 2-15-3, relating to the Pacific White Shrimp Aquaculture Development Advisory Council, as follows: "2-15-3. (a) There is created the Pacific White Shrimp Aquaculture Development Advisory Council. The council shall be composed of 15 members as follows: (1) One member representing agriculture at large to be appointed by mutual agreement of the chairpersons of the House and Senate Committees on Agriculture and Consumer Affairs; (2) The dean of the College of Agriculture, Home Economics, and Allied Programs of Fort Valley State University or his or her representative; (3) The chairperson of the Committee on Agriculture and Consumer Affairs of the House of Representatives or his or her representative; (4) The chairperson of the Committee on Agriculture and Consumer Affairs of the Senate or his or her representative; (5) The Commissioner or his or her representative; (6) The commissioner of natural resources or his or her representative; (7) The commissioner of economic development or his or her representative; and (8) Eight members to be appointed as provided by this paragraph. The President of the Senate and the Speaker of the House of Representatives each shall appoint four members as follows: (A) Two members shall be representatives of the pacific white shrimp aquaculture industry; (B) One member shall be a representative of the aquaculture supply and equipment industry; and (C) One member shall be a representative of a private industry which is doing research in the promotion of pacific white shrimp aquaculture. Each of the nine appointed members shall be appointed for a term of two years and until a successor is appointed and assumes membership on the council. The terms of the first such appointed members shall begin on the effective date of this chapter. (b) The purpose of the council shall be to inform and advise the department and the Department of Natural Resources regarding important developments in aquaculture of pacific white shrimp. (c) The members of the council shall enter upon their duties without further act or formality. The council may make such bylaws for its government as it deems necessary FRIDAY, APRIL 4, 2008 4155 but is under no duty to do so. The council may appoint working subcommittees based on identified needs. These subcommittees may consist of noncouncil members who exhibit an interest in the development of the pacific white shrimp aquaculture industry of Georgia. (d) Eight members of the council shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted the council by this chapter. No vacancy on the council shall impair the right of a quorum to transact any and all business of the council. (e) The members shall not receive compensation for their services on the council but those members who are public officials or employees shall be reimbursed from the funds of their employing department, agency, or branch of government for per diem, travel, and other expenses in the same manner and amount as they otherwise receive for performing services for their respective departments, agencies, or branches of government. (f) The council shall meet upon the call of its chairperson, who shall be elected by the members of the council. The chairpersons of the Committees on Agriculture and Consumer Affairs of the House of Representatives and the Senate shall serve as cochairpersons of the council until such time as a chairperson of the council is elected by the members. (g) The council is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this chapter which are necessary or convenient to enable it to exercise its powers, perform its duties, and accomplish the objectives and purposes of this chapter Reserved." SECTION 2. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by revising Code Section 10-4-110, relating to the Georgia Tobacco Advisory Board, as follows: "10-4-110. To aid in the administration of this part, there is created an advisory board to be known as the Georgia Tobacco Advisory Board and to be composed of 12 members. Three members are to be members of the House of Representatives to be appointed by the Speaker of the House, and two members are to be members of the Senate to be appointed by the President of the Senate. The members of the General Assembly shall be appointed from those members who are tobacco producers or, in the absence of such producers in the General Assembly, such members may be appointed from the members of the General Assembly who represent the flue-cured leaf tobacco producing counties and districts of this state. One member shall be the Commissioner of Agriculture, ex officio, or his representative, who shall be chairman of the board. One member shall be the president of the Georgia Farm Bureau Federation, or his representative. One member shall be a member of the Georgia Flue-Cured Tobacco Warehousemens Association to be appointed by the president of that association. Four 4156 JOURNAL OF THE SENATE members shall be flue-cured leaf tobacco farmers to be appointed by the Commissioner of Agriculture. The Commissioner in selecting the four tobacco farmer members shall strive to give the board geographical balance so that all flue-cured leaf tobacco producing areas of the state will be represented on the board. All members of the board shall be bona fide residents of the State of Georgia. The appointive members shall serve at the pleasure of the appointing officer. The members of the General Assembly shall receive the per diem and expense allowance provided for committee work of the General Assembly, and such sums shall be paid from the funds appropriated for the operation of the General Assembly. The other appointive members of the board shall be compensated in the amount of $15.00 per day for each day in attendance of the duties of the board and shall be reimbursed for the necessary expenses incurred in the performance of their duties from the funds of the Department of Agriculture. The Commissioner shall be reimbursed for his expenses incurred in the performance of his duties. The members of the board shall not receive the per diem provided in this Code section for more than seven days per year Reserved." SECTION 3. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by repealing and reserving Part 4 of Article 7 of Chapter 3, relating to the Kinchafoonee Lake Authority. SECTION 4. Said title is further amended by repealing Article 12 of Chapter 3, relating to the Power Alley Development Authority. SECTION 5. Said title is further amended by revising Code Section 12-5-23.3, relating to the State Waste-water Privatization Oversight Committee, as follows: "12-5-23.3. (a) For purposes of this Code section only, the term: (1) 'LAS permit' means Land Application System permit. (2) 'NPDES permit' means National Pollutant Discharge Elimination System permit. (3) 'Waste-water treatment facilities' means all publicly owned facilities with average monthly flow limits of 20 million gallons per day or more that have been issued NPDES permits or LAS permits. (b) The director shall provide written notice to owners of all waste-water treatment facilities that the privatization requirements specified in subsection (c) of this Code section are in effect if the owner of such facility has violated its NPDES or LAS permit, or any interim conditions established by a federal court order, as follows: (1) A violation of the facilitys monthly effluent limitation specified in the NPDES permit or conditions of a federal court order for biochemical oxygen demand, total suspended solids, ammonia, or phosphorus for any eight months during any FRIDAY, APRIL 4, 2008 4157 continuous 12 month period starting on or after January 1, 1999; (2) A violation of the facilitys monthly effluent limitation specified in the NPDES permit or conditions of a federal court order for biochemical oxygen demand, total suspended solids, ammonia, or phosphorus by a factor of 1.4 or greater for any four months during any continuous 12 month period, starting on or after January 1, 1999; or (3) Three major treatment facility bypasses during any continuous 12 month period starting on or after January 1, 1999. For purposes of this paragraph, the term 'major treatment facility bypass' shall mean any diversion of waste water from or bypassing of waste water around the treatment facility, excluding sewer system overflows; provided, however, that this shall not include any bypass which is authorized by any NPDES or LAS permit or any bypass which is necessary to prevent loss of life, bodily injury, or severe property damage. (c) Within 12 months of receipt of written notification from the director in accordance with subsection (b) of this Code section, the owner shall enter into a binding contract with a private contractor for the operation and maintenance of the waste-water facility as follows: (1) The contractor shall be selected, and the contract shall be awarded, through competitive bidding, as follows: (A) In in accordance with the public procurement processes and procedures then in effect for the public owner or, at the option of the owner, through competitive bidding by the Department of Administrative Services in accordance with and as permitted by Part 2 of Article 3 of Chapter 5 of Title 50; and (B) As may otherwise be specified by the State Waste-water Privatization Oversight Committee upon its review of the privatization plan and other submittals from the owner in accordance with paragraph (2) of subsection (d) of this Code section; (2) The scope of the contract shall include the operation and maintenance of the entire facility and sewer collection system, including combined sewer overflow treatment facilities, by the selected contractor; (3) Notwithstanding any provisions of law to the contrary, the term of the contract shall be not less than ten years nor more than 50 years; and (4) The contract shall meet all applicable state and local laws, rules, and regulations pertinent to the awarding, drafting, enforcement, and administration of such contract and shall contain such other contractual provisions as may be reasonably necessary for the effective enforcement and administration of the contract. (d) There is created a State Waste-water Privatization Oversight Committee, hereinafter the 'committee,' consisting of the commissioner of natural resources, the commissioner of administrative services, and one appointee each by the Governor, Lieutenant Governor, and Speaker of the House of Representatives. Within 30 days of its creation, the committee shall meet and adopt procedures for the accomplishment of its purposes under this Code section. The committee is authorized to utilize the facilities and personnel of the department for such purposes. During any privatization 4158 JOURNAL OF THE SENATE process, the owner shall be required to make submittals to the committee in accordance with the following milestones: (1) A privatization plan, consistent with the standards of subsection (c) of this Code section, shall be submitted to the committee within three months of the owners receipt of the directors written notification. The committee shall review the privatization plan and either concur with the plan or provide comments to the owner. The owner must modify the privatization plan in accordance with any comments provided by the committee and meet any milestone time frame established by the committee to achieve plan concurrence; (2) A proposed contract and related bid documents, consistent with the standards of subsection (c) of this Code section, shall be submitted to the committee within six months of the owners receipt of the directors written notification. The owner must modify the proposed contract and related bid documents in accordance with any comments provided by the committee. The owner must receive the concurrence of the committee prior to commencement of the competitive bidding process; (3) Written notification of issuance of bid documents to prospective contractors and commencement of the competitive bidding process, consistent with the standards of subsection (c) of this Code section, shall be provided to the committee within nine months of the owners receipt of the directors notification; (4) Copies of all proposals received in response to the bid documents, and copies of draft contracts and correspondence related thereto exchanged between the owner and any prospective contractor, and copies of any additional documents from the owner or any prospective contractor that the committee deems necessary or advisable to review in order to accomplish its duties under this subsection; and (5) A copy of the fully executed contract, consistent with the standards of subsection (c) of this Code section, shall be provided to the committee within 12 months of the owners receipt of the directors notification. In the event of an impasse in negotiations between the owner and the private contractor on one or more terms of the proposed contract, the committee shall be authorized to mediate any such impasse upon agreement of the parties to the proposed contract. In the event of any such impasse in negotiations, the committee shall extend the time for the submission of a fully executed contract for a reasonable period, as long as the owner is negotiating with a private contractor in good faith and an application for extension of time is received by the committee no later than 30 days before the expiration of the time period in which a fully executed contract must be provided to the committee. (e) Penalties for failure to comply with this Code section shall be assessed as follows: (1) If an owner fails to meet any milestone set forth in paragraph (1), (2), or (3) of subsection (d) of this Code section, the owner shall pay a civil penalty in the amount of $50,000.00 per day to the division until that milestone is met. A separate penalty shall be assessed for each milestone that is not met; and (2) If an owner fails to meet the milestone set forth in paragraph (5) of subsection (d) of this Code section, the owner shall pay a civil penalty in the amount of $100,000.00 per day to the division until that milestone is met, unless an extension of time is FRIDAY, APRIL 4, 2008 4159 granted by the committee in accordance with the provisions of paragraph (5) of subsection (d) of this Code section. (f) Notwithstanding the provisions of subsection (e) of this Code section, if the committee determines that an owners failure to meet a particular milestone was outside the control of the owner, the committee may, in its sole discretion, extend the time for meeting the respective milestone for a period of up to 180 days and waive any penalty that might otherwise accrue pursuant to subsection (e) of this Code section during the extended milestone period; provided, however, in the event any milestone is not met within any extended time frame for meeting the milestone, penalties shall be assessed as provided in subsection (e) of this Code section. (g) The committee shall, by rules adopted pursuant to the provisions of Title 50, establish criteria for evaluation of the eligibility of any contractors bidding on privatizations consistent with subsection (c) of this Code section, and such criteria shall include, but not be limited to, a review of such contractors previous performance on projects of comparable magnitude, the environmental compliance record of such contractors, and any civil or criminal penalties incurred by such contractors during the five years immediately preceding the execution of the contract. Such criteria shall provide a basis for determining the eligibility of any contractor. All information required by the committee pursuant to this subsection shall be provided by the contractor under oath." SECTION 6. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-2-301, relating to the Coordinating Committee for Exceptional Individuals, as follows: "20-2-301. The State Board of Education shall be empowered to form the Coordinating Committee for Exceptional Individuals which shall consist of a representative of the Governors office, no fewer than three representatives of the Department of Education, no fewer than three representatives of the Department of Human Resources, and no fewer than three representatives of the Department of Corrections. At least one of each departments representatives shall be from the upper levels of management, and all representatives shall be designated by their respective department heads. The committee shall be provided a full-time staff of one professional staff member from the Department of Education and one professional staff member from the Department of Human Resources. The committee shall report annually to the Governor and the General Assembly concerning issues addressed and the progress which results. The issues which shall be addressed by the committee shall include, but shall not be limited to, clear delineation of responsibility regarding services to disabled individuals, clear delineation of referral and coordination processes, and resolution of how such understandings shall apply in specific instances, particularly when such resolution involves a conflict at the institutional and local unit of administration level Reserved." 4160 JOURNAL OF THE SENATE SECTION 7. Said title is further amended by revising subsection (a) of Code Section 20-2-320, relating to the Education Information Steering Committee and identification of data to implement Quality Basic Education Program, as follows: "(a) The Governor shall appoint a steering committee, which shall be named the Education Information Steering Committee, composed of representatives from the Department of Education, the Department of Technical and Adult Education, the Board of Regents of the University System of Georgia, the office of the Governor, the Office of Planning and Budget, the Department of Audits and Accounts, the Georgia Technology Authority, the Department of Early Care and Learning, the Professional Standards Commission, the Office of Student Achievement, the Georgia Public Telecommunications Commission, the Legislative Budget Office, and local school systems. The steering committee shall identify the data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the components of public education in Georgia. The steering committee shall identify data that shall be required from local units of administration for the implementation of this article. Further, the steering committee shall develop a design for There shall be a state-wide comprehensive educational information system which will provide for the accurate, seamless, and timely flow of information from local and regional education agencies, units of the University System of Georgia, and technical schools and colleges to the state. The system design shall include hardware, software, data, collection methods and times, training, maintenance, communications, security of data, and installation specifications and any other relevant specifications needed for the successful implementation of this the system. The statewide comprehensive educational information system shall not use a students social security number or an employees social security number in violation of state or federal law to identify a student or employee. The steering committee shall present such recommendations to the Education Coordinating Council. Upon approval of the boards of the respective education agencies, such boards shall issue appropriate requests for proposals to implement a state-wide comprehensive educational information system, subject to appropriation by the General Assembly. The boards of the respective education agencies, at the direction of the Education Coordinating Council and working through the steering committee, shall initiate contracts with appropriate vendors and local units of administration for the procurement of services, purchase of hardware and software, and for any other purpose as directed by the Education Coordinating Council, consistent with appropriation by the General Assembly." SECTION 8. Said title is further amended by revising Code Section 20-3-84, relating to the Center for Trade and Technology Transfer, as follows: "20-3-84. (a) There is created the Center for Trade and Technology Transfer, which shall function as an economic assistance, information, and technical resource service center. FRIDAY, APRIL 4, 2008 4161 There is also created the Board of Directors of the Center for Trade and Technology Transfer which shall be composed of 11 members to be appointed as follows: (1) two members to be appointed by the chancellor of the University System of Georgia; (2) two members to be appointed by the Speaker of the House of Representatives; (3) two members to be appointed by the President of the Senate; (4) three members to be appointed by the Governor; and (5) two members appointed by the commissioner of economic development. The members of the board of directors shall serve for terms of two years and until their respective successors are appointed and qualified. No member may serve more than two terms as a member of the board of directors. The first members of the board of directors shall be appointed not later than July 1, 1999, and the initial terms shall begin on such date. In order to be eligible for appointment as a member, a person must have a proven interest in the advancement of economic and community development, an interest in the development of trade with emerging nations, and an interest in the purposes for which the center was created. Members of the board of directors shall not be entitled to compensation for the duties they perform as members of the board of directors. Each member shall, however, be entitled to the same pay for per diem and expenses as are members of the Georgia General Assembly. (b) The board of directors shall elect from among the members thereof a chairperson, a vice chairperson, and such other officers as the board shall deem appropriate. The chairperson, or the vice chairperson in the absence of the chairperson, shall call and preside at meetings of the board. A majority of the total membership of the board shall constitute a quorum for the transaction of business. Meetings of the board shall be held at such locations as the chairperson shall determine. (c) The board of directors shall assist and advise the Center for Trade and Technology Transfer in the performance of its functions and the accomplishment of its purposes. The board shall seek ways to enhance the development of communities throughout the state and the world, to improve trade between this state and emerging nations, and to increase the transfer and beneficial uses and implementation of technology. (d) The board of directors shall report annually its findings and recommendations to the Governor and the General Assembly. (e) The Center for Trade and Technology Transfer shall be attached to the University System of Georgia for administrative purposes only Reserved." SECTION 9. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by revising Code Section 46-4-160.4, relating to the Natural Gas Consumer Education Advisory Board, as follows: "46-4-160.4. (a) There is created the Natural Gas Consumer Education Advisory Board, whose duty it shall be to advise and make recommendations to the director of the consumers utility counsel division of the Governors Office of Consumer Affairs. The board shall consist of five members who shall be appointed by the Governor and shall include at least one representative for each of the following: marketers, natural gas consumers, and electing 4162 JOURNAL OF THE SENATE distribution companies. There shall be one member appointed from each commission electoral district. Board members shall serve at the pleasure of the Governor. (b) The board shall elect its chairperson and shall convene upon the call of the administrator at a time and place specified in writing by the administrator. Each member of the board shall serve without pay but shall receive standard state per diem for expenses and receive standard travel allowance while attending meetings and while in the discharge of his or her responsibilities. (c) The board shall assist the director in an advisory capacity only in carrying out the duties and functions of such official concerning policy matters relating to the development and implementation of state-wide education programs for natural gas consumers or consumers of any other utility that may be deregulated in the future Reserved." SECTION 10. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by repealing Article 5 of Chapter 5, relating to communication services. SECTION 11. Said title is further amended by repealing and reserving Chapter 30, relating to Georgia Institute for Community Business Development. SECTION 12. Said title is further amended by repealing and reserving Chapter 35, relating to the Georgia Environmental Training and Education Authority. SECTION 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 14. All laws and parts of laws in conflict with this Act are repealed. Senator Moody of the 56th moved that the Senate agree to the House substitute to SB 344. 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 Carter Y Heath Y Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith Y Staton FRIDAY, APRIL 4, 2008 4163 Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Jackson Y Johnson Y Jones Me V Bremen (PRS) Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed E Rogers Y Stoner Y Tarver Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles E Williams On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 344. Senator Johnson of the 1st was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 507. By Senators Moody of the 56th, Carter of the 13th, Johnson of the 1st, Brown of the 26th, Butler of the 55th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to establish requirements for basic therapy services for children with disabilities detected under screening activities required by federal law; to provide for legislative findings; to provide for definitions; to assure similar treatments and services for categorically needy and medically fragile children; to provide certain requirements relating to administrative prior approval for services 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 Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to establish requirements for therapy services for children with disabilities detected under screening activities required by federal law; to provide for legislative findings; to provide for definitions; to assure similar treatments and services 4164 JOURNAL OF THE SENATE for categorically needy and medically fragile children; to provide certain requirements relating to administrative prior approval for services and appeals; to provide for statutory construction; 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 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, is amended by adding a new article to read as follows: "ARTICLE 7C 49-4-169. The General Assembly finds that changes in the approval process of certain health care programs have made it difficult for children with disabilities who are eligible for medical assistance pursuant to Article 7 of this chapter to receive the services to which they are entitled with the frequency and within the time periods which are appropriate. Separate administration of the categorically needy and the medically fragile programs should not result in any variation in the amount, duration, and scope of services. Redundant paperwork requirements have hampered service approvals and delivery and reduced the number of providers serving children. It is the intent of this article to ensure that children with disabilities receive the medically necessary therapy services to which they are entitled under the Medicaid Early Periodic Screening, Diagnostic, and Treatment Program and that categorically needy and medically fragile children have available to them the same scope, duration, and amount of services. It is also the intent of this article to simplify the process and paperwork by which occupational, speech, and physical therapy services are applied for and received by eligible recipients. 49-4-169.1. As used in this article, the term: (1) 'Correct or ameliorate' means to improve or maintain a childs health in the best condition possible, compensate for a health problem, prevent it from worsening, prevent the development of additional health problems, or improve or maintain a childs overall health, even if treatment or services will not cure the recipients overall health. (2) 'Department' means the Department of Community Health. (3) 'EPSDT Program' means the federal Medicaid Early Periodic Screening, Diagnostic, and Treatment Program contained at 42 U.S.C.A. Sections 1396a and 1396d. (4) 'Medically necessary services' means services or treatments that are prescribed by a physician or other licensed practitioner, and which, pursuant to the EPSDT Program, diagnose or correct or ameliorate defects, physical and mental illnesses, and health conditions, whether or not such services are in the state plan. FRIDAY, APRIL 4, 2008 4165 (5) 'Therapy services' means occupational therapy, speech therapy, physical therapy, or other services provided pursuant to the EPSDT Program to an eligible Medicaid beneficiary 21 years of age or younger and which are recommended as medically necessary by a physician. 49-4-169.2. All persons who are 21 years of age or younger who are eligible for services under the EPSDT Program shall receive therapy services in accordance with the provisions of this article, whether they are categorically needy children enrolled in the low income Medicaid program or medically fragile children enrolled in the aged, blind, and disabled Medicaid program. 49-4-169.3. (a) The department shall develop and implement for itself, the care management organizations with which it enters into contracts, and its utilization review vendors consistent requirements, paperwork, and procedures for utilization review and prior approval of physical occupational, or speech language pathologist services prescribed for children. Prior approval for therapy services shall be for a period of up to six months as consistent with the needs of the individual recipient. (b) The department, its utilization review vendors, or the care management organizations with which it contracts shall give notice to affected Medicaid recipients of the following information in cases where prior approval is denied: (1) The medical procedure or service for which such entity is refusing to grant prior approval; (2) Any additional information needed from the recipients medical provider which could change the decision of such entity; and (3) The specific reason used by the entity to determine that the procedure is not medically necessary to the Medicaid recipient, including facts pertinent to the individual case. (c) Notwithstanding any other provision of law, the department, its utilization review vendors, or its care management organizations shall grant prior approval for requests for therapy services when the recipient is eligible for Medicaid services and the services prescribed are medically necessary. (d) In cases where prior approval is required under this article, it shall be decided with reasonable promptness, not to exceed 15 business days, and may not be denied until it has been evaluated under the EPSDT Program. (e) Prescriptions and prior approval for services shall be for general areas of treatment, treatment goals, or ranges of specific treatments or processing codes. Clinical coverage criteria or guidelines, including restrictions such as location of service and prohibitions on multiple services on the same day or at the same time, shall not be the sole determinant used by the department, its utilization vendors, or its care management organizations to limit the EPSDT standards or its medically necessary definition in this article. Any such restrictions shall be waived under the EPSDT Program or this article 4166 JOURNAL OF THE SENATE if the prescribed services are medically necessary. (f) Nothing in this article shall be construed to prohibit the department, its utilization review vendors, or its care management organizations from performing utilization reviews of the diagnosis or treatment of a child receiving therapy services pursuant to the EPSDT Program, the amount, duration, or scope or the actual performance or delivery of such services by providers, so long as such utilization review does not unreasonably deny or unreasonably delay the provision of medically necessary services to the recipient. (g) Nothing in this article shall be deemed to prohibit or restrict the department, its utilization review vendors, or its care management organizations from denying claims or prosecuting or pursuing beneficiaries or providers who submit false or fraudulent prescriptions, forms required to implement this article, or claims for services or whose eligibility as a beneficiary or a participating provider has been based on intentionally false information." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Moody of the 56th moved that the Senate agree to the House substitute to SB 507. 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Y Jones Me V Bremen (PRS) Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber FRIDAY, APRIL 4, 2008 4167 Y Harbison Y Harp Y Hawkins Y Ramsey Y Reed Y Rogers Y Wiles Y Williams On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 507. The following bill was taken up to consider House action thereto: HB 864. By Representative Knox of the 24th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to remove a participation requirement before the extension of group life policy coverage to dependents of employees or members; to provide cash surrender values of annuities are exempt from claims of creditors; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate Government Oversight Committee substitute to HB 864 (LC 33 2655S) by striking lines 1 on page 1 through line 33 on page 9 and inserting in lieu thereof the following: To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to remove a participation requirement before the extension of group life policy coverage to dependents of employees or members; to provide cash surrender values of annuities are exempt from claims of creditors; 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 revising paragraph (1) of subsection (a) of Code Section 33-27-2, relating to the extension of group life policy coverage to dependents of employees or members, to read as follows: "(1) The premium for the insurance shall be paid by the policyholder either from the employers or unions funds or funds contributed by the insured employees or members, or from both. If any part of the premium is to be derived from funds contributed by the insured employees or members, the insurance with respect to spouses and children may be placed in force only if at least 75 percent of the then eligible employees or members, excluding any as to whose family members evidence 4168 JOURNAL OF THE SENATE of insurability is not satisfactory to the insurer, elect to make the required contribution. If no part of the premium is to be derived from funds contributed by the employees or members, all eligible employees or members, excluding any as to whose family members members evidence of insurability is not satisfactory to the insurer, must be insured with respect to their spouses and children;" SECTION 2. Said title is further amended by revising Code Section 33-28-7, relating to right of beneficiaries and assignees to proceeds of annuity, reversionary annuity, and pure endowment contracts as against creditors, to read as follows: "33-28-7. The cash surrender values or proceeds of annuity, reversionary annuity, or pure endowment contracts issued to citizens or residents of this state, upon whatever form, shall not in any case be liable to attachment, garnishment, or legal process in favor of any creditor of the person who is the beneficiary of such annuity contract unless the annuity contract was assigned to or was effected for the benefit of such creditor or unless the purchase, sale, or transfer of the policy is made with the intent to defraud creditors." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Rogers of the 21st asked unanimous consent that the Senate disagree to the House amendment to the Senate substitute to HB 864. The consent was granted, and the Senate disagreed to the House amendment to the Senate substitute to HB 864. 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 113. By Senators Shafer of the 48th, Hudgens of the 47th and Moody of the 56th: A BILL to be entitled an Act to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to agents, agencies, subagents, counselors, and adjusters, so as to provide for background checks; to require appointment of an agent by an authorized insurer before FRIDAY, APRIL 4, 2008 4169 licensing; to provide for forms for license applications; to provide for appointment of limited subagents; to prohibit agents whose licenses are inactive from selling, soliciting, or negotiating insurance; to provide for rules and regulations for certain adjusters; to provide for related matters; to repeal conflicting laws; and for other purposes. The following bill was taken up to consider House action thereto: SB 466. By Senators Bulloch of the 11th, Shafer of the 48th, Tolleson of the 20th, Chance of the 16th and Cowsert of the 46th: 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 exempt permanent facility car washes from outdoor watering restrictions under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to exempt permanent facility car washes and swimming pools from outdoor water use restrictions under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended in subsection (l) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters generally and for farm uses and monitoring, recording, and reporting water withdrawals, by deleting "and" at the end of paragraph (4) and adding new paragraphs to read as follows: "(4.1) The use of surface water by any permanent facility car wash shall be deemed not to be outdoor water use for purposes of any outdoor watering restrictions if the facility: (A) Is connected to a sanitary sewer system of a political subdivision or local government authority or recycles used wash water; and (B) Is certified by the division as meeting or exceeding applicable best management practices for car washing facilities, which the Board of Natural Resources shall provide by rules and regulations not later than October 1, 2008. Such certification 4170 JOURNAL OF THE SENATE shall expire annually and may be issued or renewed upon compliance with such best management practices and payment of a $50.00 fee to the division. The provisions of this subparagraph shall apply on and after the effective date of such board rules and regulations; (4.2) The use of surface water for any swimming pool shall be deemed not to be outdoor water use for purposes of any outdoor watering restrictions if failure to maintain the swimming pool would create unsafe, unsanitary, or unhealthy conditions, affecting the public health or welfare; and " SECTION 2. Said chapter is further amended in Code Section 12-5-102, relating to emergency orders, hearing, and appeal, by adding new subsections to read as follows: "(e) The use of ground water by any permanent facility car wash shall be deemed not to be outdoor water use for purposes of any outdoor watering restrictions if the facility: (1) Is connected to a sanitary sewer system of a political subdivision or local government authority or recycles used wash water; and (2) Is certified by the division as meeting or exceeding applicable best management practices for car washing facilities, which the Board of Natural Resources shall provide by rules and regulations not later than October 1, 2008. Such certification shall expire annually and may be issued or renewed upon compliance with such best management practices and payment of a $50.00 fee to the division. The provisions of this paragraph shall apply on and after the effective date of such board rules and regulations. (f) The use of ground water for any swimming pool shall be deemed not to be outdoor water use for purposes of any outdoor watering restrictions if failure to maintain the swimming pool would create unsafe, unsanitary, or unhealthy conditions, affecting the public health or welfare." 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 Bulloch of the 11th moved that the Senate agree to the House substitute to SB 466. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown Y Heath Y Henson Y Hill,Jack Y Schaefer C Seabaugh Y Seay FRIDAY, APRIL 4, 2008 4171 Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Y Jones Me V Bremen (PRS) Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed Y Rogers Y Shafer,D Y Smith Y Staton Y Stoner Tarver Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 466. The following bill was taken up to consider House action thereto: SB 470. 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, so as to provide a short title; to provide for the submission of an annual statement of actuarial opinion by an appointed actuary by each property and casualty insurance company licensed to do business in this state; to provide for exceptions; to provide for the submission of supporting documentation; to provide for the confidentiality of certain documents, materials, and other information; to authorize disclosure under certain conditions; to provide for certain immunities; 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 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for guaranteed asset protection waivers; to provide for legislative intent; to provide for scope; to provide for purposes; to provide for definitions; to provide for 4172 JOURNAL OF THE SENATE requirements for offering; to provide for contractual liability or other insurance policies; to provide for disclosures; to provide for cancellation; to provide for exempted commercial transactions; 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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new chapter to read as follows: "CHAPTER 62 33-62-1. The General Assembly finds that guaranteed asset protection waivers are not insurance. All guaranteed asset protection waivers issued after the date of enactment of this chapter shall not be construed as insurance. 33-62-2. (a) The purpose of this chapter is to provide a framework within which guaranteed asset protection waivers are defined and may be offered within this state. (b) This chapter shall not apply to: (1) An insurance policy offered by an insurer under the insurance laws of this state; or (2) A debt cancellation or debt suspension contract being offered in compliance with 12 C.F.R. Part 37 or 12 C.F.R. Part 721 or other federal law. (c) Guaranteed asset protection waivers governed under this chapter are not insurance and are exempt from the insurance laws of this state. Persons marketing, selling, or offering to sell guaranteed asset protection waivers to borrowers that comply with this chapter are exempt from this states insurance licensing requirements. 33-62-3. The following terms are defined for purposes of this chapter and are not intended to provide actual terms required in guaranteed asset protection waivers: (1) 'Administrator' means a person, other than an insurer or creditor, that performs administrative or operational functions pursuant to guaranteed asset protection waiver programs. (2) 'Borrower' means a debtor, retail buyer, or lessee under a finance agreement. (3) 'Creditor' means: (A) The lender in a loan or credit transaction; (B) The lessor in a lease transaction; (C) Any retail installment seller that provides credit to any retail buyer of motor vehicles, provided that such entity complies with the provisions of this chapter; (D) The seller in commercial retail installment transactions; or FRIDAY, APRIL 4, 2008 4173 (E) The assignees of any of the creditors listed in subparagraphs (A) through (D) of this paragraph to whom the credit obligation is payable. (4) 'Finance agreement' means a loan, lease, or retail installment sales contract for the purchase or lease of a motor vehicle. (5) 'Free look period' means the period of time from the effective date of the guaranteed asset protection waiver until the date the borrower may cancel the guaranteed asset protection waiver without penalty, fees, or costs to the borrower. This period of time must not be shorter than 30 days. (6) 'Guaranteed asset protection waiver' means a contractual agreement wherein a creditor agrees for a separate charge to cancel or waive all or part of amounts due on a borrowers finance agreement in the event of a total physical damage loss or unrecovered theft of the motor vehicle, which agreement must be part of, or a separate addendum to, the finance agreement. (7) 'Insurer' means an insurance company licensed, registered, or otherwise authorized to do business under the insurance laws of this state. (8) 'Motor vehicle' means self-propelled or towed vehicles designed for personal or commercial use, including but not limited to automobiles, trucks, motorcycles, recreational vehicles, all-terrain vehicles, campers, boats, personal watercraft, and motorcycle, boat, camper, and personal watercraft trailers. (9) 'Person' includes an individual, company, association, organization, partnership, business trust, corporation, and every form of legal entity. (10) 'Retail buyer' shall have the same meaning as provided in Code Section 10-1-31. (11) 'Retail installment seller' shall have the same meaning as provided in Code Section 10-1-31. 33-62-4. (a) Guaranteed asset protection waivers may be offered, sold, or provided to borrowers in this state in compliance with this chapter. (b) Guaranteed asset protection waivers may, at the option of the creditor, be sold for a single payment or may be offered with a monthly or periodic payment option. (c) Notwithstanding any other provision of law, any cost to the borrower for a guaranteed asset protection waiver entered into in compliance with the federal Truth in Lending Act, 15 U.S.C. 1601 et seq., and its implementing regulations, as they may be amended from time to time, must be separately stated and is not to be considered a finance charge or interest. (d) A retail installment seller must insure its guaranteed asset protection waiver obligations under a contractual liability or other insurance policy issued by an insurer. A creditor other than a retail installment seller may insure its guaranteed asset protection waiver obligations under a contractual liability policy or other such policy issued by an insurer. Any such insurance policy may be directly obtained by a creditor or retail installment seller or may be procured by an administrator to cover a creditors or retail installment sellers obligations. However, retail installment sellers that are lessors on motor vehicles are not required to insure obligations related to guaranteed 4174 JOURNAL OF THE SENATE asset protection waivers on such leased vehicles. (e) The guaranteed asset protection waiver shall remain a part of the finance agreement upon the assignment, sale, or transfer of such finance agreement by the creditor. (f) Neither the extension of credit, the term of credit, nor the term of the related motor vehicle sale or lease may be conditioned upon the purchase of a guaranteed asset protection waiver. (g) Any creditor that offers a guaranteed asset protection waiver must report the sale of, and forward funds received on, all such waivers to the designated party, if any, as prescribed in any applicable administrative services agreement, contractual liability policy, other insurance policy or other specified program documents. (h) Funds received or held by a creditor or administrator and belonging to an insurer, creditor, or administrator pursuant to the terms of a written agreement must be held by such creditor or administrator in a fiduciary capacity. 33-62-5. (a) Contractual liability or other insurance policies insuring guaranteed asset protection waivers must state the obligation of the insurer to reimburse or pay to the creditor any sums the creditor is legally obligated to waive under the guaranteed asset protection waivers issued by the creditor and purchased or held by the borrower. (b) Coverage under a contractual liability or other insurance policy insuring a guaranteed asset protection waiver must also cover any subsequent assignee upon the assignment, sale, or transfer of the finance agreement. (c) Coverage under a contractual liability or other insurance policy insuring a guaranteed asset protection waiver must remain in effect unless cancelled or terminated in compliance with the applicable insurance laws of this state. (d) The cancellation or termination of a contractual liability or other insurance policy must not reduce the insurers responsibility for guaranteed asset protection waivers issued by the creditor prior to the date of cancellation or termination and for which premium has been received by the insurer. 33-62-6. Guaranteed asset protection waivers must disclose, as applicable, in writing and in clear, understandable language that is easy to read, the following: (1) The name and address of the initial creditor and the borrower at the time of sale and the identity of any administrator if different from the creditor; (2) The purchase price and the terms of the guaranteed asset protection waiver, including without limitation the requirements for protection, conditions, or exclusions associated with the guaranteed asset protection waiver; (3) That the borrower may cancel the guaranteed asset protection waiver within a free look period, as specified in the waiver, and will be entitled to a full refund of the purchase price, provided no benefits have been made; or in the event benefits have been made, the borrower may receive a full or partial refund if the waiver so provides; (4) The procedure the borrower must follow, if any, to obtain guaranteed asset FRIDAY, APRIL 4, 2008 4175 protection waiver benefits under the terms and conditions of the waiver, including a telephone number and address where the borrower may apply for waiver benefits; (5) Whether or not the guaranteed asset protection waiver is cancelable after the free look period and the conditions under which it may be canceled or terminated, including the procedures for requesting any refund due; (6) That in order to receive any refund due in the event of a borrowers cancellation of the guaranteed asset protection waiver agreement or early termination of the finance agreement after the free look period of the guaranteed asset protection waiver, the borrower, in accordance with terms of the waiver, must provide a written request to cancel to the creditor, administrator, or such other party within 90 days after the borrowers decision to cancel the waiver or the occurrence of the event terminating the finance agreement; (7) The methodology for calculating any refund of the unearned purchase price of the guaranteed asset protection waiver due in the event of cancellation of the guaranteed asset protection waiver or early termination of the finance agreement; and (8) That neither the extension of credit, the terms of the credit, nor the terms of the related motor vehicle sale or lease may be conditioned upon the purchase of the guaranteed asset protection waiver. 33-62-7. (a) Guaranteed asset protection waiver agreements may be cancelable or noncancelable after the free look period. Guaranteed asset protection waivers must provide that if a borrower cancels a waiver within the free look period, the borrower will be entitled to a full refund of the purchase price, provided no benefits have been paid; or in the event benefits have been paid, the borrower may receive a full or partial refund if the waiver so provides. (b) In the event of a borrowers cancellation of the guaranteed asset protection waiver or early termination of the finance agreement, after the agreement has been in effect beyond the free look period, the borrower may be entitled to a refund of any unearned portion of the purchase price of the waiver unless the waiver provides otherwise. In order to receive a refund, the borrower, in accordance with any applicable terms of the waiver, must provide a written request to the creditor, administrator, or other party within 90 days after the borrowers decision to cancel the waiver or the occurrence of the event terminating the finance agreement. (c) If the cancellation of a guaranteed asset protection waiver occurs as a result of a default under the finance agreement or the repossession of the motor vehicle associated with the finance agreement, or any other termination of the finance agreement, any refund due may be paid directly to the creditor or administrator and applied as set forth in subsection (d) of this Code section. (d) Any cancellation refund under subsection (a), (b), or (c) of this Code section may be applied by the creditor as a reduction of the amount owed under the finance agreement unless the borrower can show that the finance agreement has been paid in full. 4176 JOURNAL OF THE SENATE 33-62-8. Subsection (c) of Code Section 33-62-4 and Code Sections 33-62-6 and 33-62-9 shall not be applicable to a guaranteed asset protection waiver offered in connection with a lease or retail installment sale associated with a commercial transaction. 33-62-9. The Commissioner of Insurance may take action which is necessary or appropriate to enforce the provisions of this chapter and to protect guaranteed asset protection waiver holders in this state. After proper notice and opportunity for hearing, the commissioner may: (1) Order the creditor, administrator, or any other person not in compliance with this chapter to cease and desist from further guaranteed asset protection waiver related operations which are in violation of this chapter; and (2) Impose a penalty of not more than $500.00 per violation and not more than $10,000.00 in the aggregate for all violations of similar nature. For purposes of this paragraph, violations must be of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the conduct, action, or practice which is determined to be a violation of this chapter occurred." SECTION 2. This Act shall become effective on July 1, 2008, and apply to all guaranteed asset protection waivers which shall become effective on or after January 1, 2009. 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 470. 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Y Jones Me V Bremen (PRS) Y Moody Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Tarver Y Tate Y Thomas,D Y Thomas,R FRIDAY, APRIL 4, 2008 4177 Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Hawkins Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Rogers Thompson,C Y Thompson,S Tolleson Y Unterman Weber Y Wiles Y Williams On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 470. The following bill was taken up to consider House action thereto: HB 1158. By Representatives Stephens of the 164th, Scott of the 153rd, Cooper of the 41st, Channell of the 116th, Oliver of the 83rd and others: A BILL to be entitled an Act to fund the Georgia Trauma Trust Fund; to amend Article 5 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the Georgia Trauma Care Network Commission, so as to provide for certain reports; to provide for intent of the General Assembly with regard to certain funds for funding the Georgia Trauma Trust Fund; 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 impose a charge on certain motor vehicle registrations in this state which shall be transferred to the state treasury for the purpose of funding the Georgia Trauma Trust Fund; to provide for the collection of such charge; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Staton of the 18th asked unanimous consent that the Senate adhere to its disagreement to the House amendment to the Senate substitute to HB 1158 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Johnson of the 1st, Staton of the 18th and Adelman of the 42nd. The following bill was taken up to consider House action thereto: HB 950. By Representatives Powell of the 29th, Benton of the 31st, England of the 108th, Jamieson of the 28th, Cox of the 102nd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of 4178 JOURNAL OF THE SENATE motor vehicles, so as to provide for registration and licensing of assembled motor vehicles and motorcycles; to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the issuance of certificates of title to owners of assembled motor vehicles and motorcycles; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 950 (LC 34 1866S) by inserting after "security interests;" on line 7 of page 1 the following: to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," so as to redefine the term "rebuilder"; By redesignating Sections 8 and 9 as Sections 9 and 10, respectively, and inserting after Section 7 the following: SECTION 8. Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," is amended by revising paragraph (11) as follows: "(11) 'Rebuilder' means any person, partnership, limited liability company, firm, or corporation engaged in the business of buying more than two salvage or wrecked motor vehicles per year for the purpose of restoring or rebuilding them with used or new motor vehicle parts, or both, to be sold as motor vehicles." Senator Pearson of the 51st asked unanimous consent that the Senate disagree to the House amendment to the Senate substitute to HB 950. The consent was granted, and the Senate disagreed to the House amendment to the Senate substitute to HB 950. The following bill was taken up to consider House action thereto: SB 471. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance generally, so as to provide for regulator financial examinations of domestic insurers every five years; to provide for the confidentiality of FRIDAY, APRIL 4, 2008 4179 examination work papers; to provide for the immunity from liability for a contracted examiner to be the same as that of an employee of the state conducting the same state functions; 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 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for regulator financial examinations of domestic insurers every five years; to provide for the confidentiality of examination work papers; to provide for the immunity from liability for a contracted examiner to be the same as that of an employee of the state conducting the same state functions; to provide a short title; to provide for the submission of an annual statement of actuarial opinion by an appointed actuary by each property and casualty insurance company licensed to do business in this state; to provide for exceptions; to provide for the submission of supporting documentation; to provide for the confidentiality of certain documents, materials, and other information; to authorize disclosure under certain conditions; to provide for certain immunities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising subsection (a) of Code Section 33-2-11, relating to examination of insurers and organizations, as follows: "(a) Whenever the Commissioner shall deem it expedient, he the Commissioner shall examine, either in person or by some examiner duly authorized by him the Commissioner, the affairs, transactions, accounts, records, documents, and assets of each insurer authorized to do business in this state and any other facts relative to its business methods, management, and dealings with policyholders. At least once every three five years, he the Commissioner shall so examine each domestic insurer. Examination of an alien insurer shall be limited to its insurance transactions in the United States." SECTION 2. Said title is further amended by revising subsection (g) of Code Section 33-2-14, relating to preparation of written reports of examinations generally, as follows: "(g) Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, all work papers, recorded information, and documents, 4180 JOURNAL OF THE SENATE and copies received from another state, and any other materials created, produced, or obtained by or disclosed to the Commissioner or any other person in the course of an examination made under this chapter must be given confidential treatment and are not subject to subpoena and may not be made public by the Commissioner or any other person. Access may be granted to authorized representatives of the National Association of Insurance Commissioners. Such representatives must agree in writing prior to receiving the information to treat such information confidentially as required by this Code section, unless the prior written consent of the company to which it pertains has been obtained." SECTION 3. Said title is further amended by revising Code Section 33-2-15, relating to payment of expenses of examinations, as follows: "33-2-15. (a) At the direction of the Commissioner, the insurer or other person so examined shall pay all the actual travel and living expenses of the examination. When the examination is made by an examiner who is not a regular employee of the department, the person examined shall pay the proper charges for the services of the examiner and his or her assistants and the actual travel and living expenses incurred by such examiners and assistants in an amount approved by the Commissioner. A consolidated account for the examination shall be filed by the examiner with the Commissioner. No person shall pay and no examiner shall accept any additional emolument on account of any examination. When the examination is conducted in whole or in part by regular salaried employees of the department, payment for such services and proper expenses shall be made by the person examined to the Commissioner, and such payment shall be deposited in the state treasury; provided, however, that, when an agent, broker, solicitor, counselor, or adjuster is examined because of a complaint filed against such agent, broker, solicitor, counselor, or adjuster and when the Commissioner finds that the complaint was not justified, the expenses of the examination shall not be assessed against the agent, broker, solicitor, counselor, or adjuster but shall be borne by the department. (b) An examiner or other person appointed or authorized by the Commissioner, while participating in an examination conducted under this chapter, shall enjoy the same immunities as those of a regular employee of the department under similar circumstances." SECTION 4. Said title is further amended by adding a new chapter to read as follows: "CHAPTER 62 33-62-1. This chapter shall be known and may be cited as the 'Property and Casualty Actuarial Opinion Law.' FRIDAY, APRIL 4, 2008 4181 33-62-2. (a) Every property and casualty insurance company doing business in this state, unless otherwise exempted by the domiciliary commissioner, shall annually submit the opinion of an appointed actuary entitled 'Statement of Actuarial Opinion.' This opinion shall be filed in accordance with rules and regulations promulgated by the Commissioner regarding property and casualty annual statement instructions. (b)(1) Every property and casualty insurance company domiciled in this state that is required to submit a statement of actuarial opinion shall annually submit an actuarial opinion summary written by the companys appointed actuary. This actuarial opinion summary shall be filed in accordance with rules and regulations promulgated by the Commissioner regarding property and casualty annual statement instructions and shall be considered as a document supporting the actuarial opinion required in subsection (a) of this Code section. (2) A company licensed but not domiciled in this state shall provide the actuarial opinion summary upon request. (c)(1) An actuarial report and underlying work papers as required by rules and regulations promulgated by the Commissioner regarding property and casualty annual statement instructions shall be prepared to support each actuarial opinion. (2) If the insurance company fails to provide a supporting actuarial report or work papers at the request of the Commissioner or the Commissioner determines that the supporting actuarial report or work papers provided by the insurance company are otherwise unacceptable to the Commissioner, the Commissioner may engage a qualified actuary at the expense of the insurance company to review the opinion and the basis for the opinion and prepare the supporting actuarial report or work papers. (d) The appointed actuary shall not be liable for damages to any person other than the insurance company and the Commissioner for any act, error, omission, decision, or conduct with respect to the actuarys opinion except in cases of fraud or willful misconduct on the part of the appointed actuary. 33-62-3. (a) The statement of actuarial opinion shall be provided with the annual statement in accordance with rules and regulations promulgated by the Commissioner regarding property and casualty annual statement instructions and shall be treated as a public document. (b)(1) Documents, materials, or other information in the possession or control of the department that are considered an actuarial report, work papers, or actuarial opinion summary provided in support of the opinion and any other material provided by the insurance company to the Commissioner in connection with the actuarial report, work papers, or the actuarial opinion summary shall be confidential by law and privileged, shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. (2) The provisions of this subsection shall not be construed to limit the 4182 JOURNAL OF THE SENATE Commissioners authority to release the documents to the Actuarial Board for Counseling and Discipline so long as the material is required for the purpose of professional disciplinary proceedings and that the Actuarial Board for Counseling and Discipline establishes procedures satisfactory to the Commissioner for preserving the confidentiality of the documents. In addition, the provisions of this subsection shall not be construed to limit the Commissioners authority to use the documents, materials, or other information in furtherance of any regulatory or legal action brought as a part of the Commissioners official duties. (c) Neither the Commissioner nor any person who received documents, materials, or other information while acting under the authority of the Commissioner shall be permitted or required to testify in any private civil action concerning such confidential documents, materials, or other information subject to subsection (b) of this Code section. (d) In order to assist the Commissioner in the performance of his or her duties, the Commissioner may: (1) Share documents, materials, and other information, including confidential and privileged documents, materials, and information subject to subsection (b) of this Code section with other state, federal, and international regulatory agencies, with the National Association of Insurance Commissioners and its affiliates and subsidiaries, and with state, federal, and international law enforcement authorities, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information and has the legal authority to maintain confidentiality; (2) Receive documents, materials, and other information, including otherwise confidential and privileged documents, materials, or information, from the National Association of Insurance Commissioners and its affiliates and subsidiaries and from regulatory and law enforcement officials of other foreign or domestic jurisdictions. The Commissioner shall maintain as confidential and privileged any document, material, or information received with notice and the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information; and (3) Enter into agreements concerning sharing and use of information consistent with this subsection and subsections (b) and (c) of this Code section. (e) No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the Commissioner under this Code section or as a result of sharing as authorized by subsection (d) of this Code section." SECTION 5. Section 4 of this Act shall become effective on January 1, 2010. All other sections of this Act shall become effective on July 1, 2008. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. FRIDAY, APRIL 4, 2008 4183 Senator Hudgens of the 47th moved that the Senate agree to the House substitute to SB 471. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour N Brown Y Bulloch Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Me V Bremen (PRS) Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 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 Wiles Y Williams On the motion, the yeas were 50, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 471. Senator Murphy of the 27th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 196. By Senators Reed of the 35th, Harp of the 29th, Thompson of the 33rd, Tarver of the 22nd and Harbison of the 15th: A BILL to be entitled an Act to amend Part 4 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to military scholarships, so as to provide for scholarships for the children of persons killed or disabled as a result of combat wounds; to define certain terms; to provide for a scholarship equal to the tuition charges; to provide that the grant of such scholarships shall be contingent on funding; to repeal conflicting laws; and for other purposes. 4184 JOURNAL OF THE SENATE The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Part 4 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to military scholarships, so as to provide for scholarships for the children of persons killed or disabled as a result of combat wounds; to define certain terms; to provide for a scholarship equal to the tuition charges; to provide that the grant of such scholarships shall be contingent on funding; 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 an exemption for a limited period of time with respect to certain gifts, grants, funds, scholarships, or other compensation as a result of death caused by a criminal act; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 4 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to military scholarships, is amended by adding new Code sections to read as follows: "20-3-495. As used in this part, the term: (1) 'Approved school' means a school which is a unit of the University System of Georgia or a branch of the Georgia Department of Technical and Adult Education or an accredited private institution of higher learning approved by the Southern Association of Colleges and Schools, provided the tuition does not exceed that of an approved school which is a unit of the University System of Georgia or the Department of Technical and Adult Education. (2) 'Eligible student' means a person who: (A) Is a child whose parent was a legal resident of Georgia at the time he or she sustained qualified combat related injuries. (B) 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 part; and (C) Is 25 years of age or younger and is enrolled as a full-time or part-time student in an approved school. (3) 'Parent' means the biological parent, adoptive parent, or legal guardian of an eligible student. (4) 'Qualifying combat related injury' means injuries sustained as a member of the United States armed forces, the Georgia National Guard, or a reserve component of the armed forces of the United States in a location outside of the United States and its FRIDAY, APRIL 4, 2008 4185 territories designated by the United States Department of Defense as a combat zone after September 11, 2001, which results in death or a 50 percent or greater disability. 20-3-496. There is granted to each eligible student attending an approved school a scholarship grant for a maximum of four award years in a sum equal to the total tuition charged to such student. 20-3-497. Grant assistance to eligible students under this part shall be payable on a pro rata basis based upon whether the student is enrolled full time or part time and the number of semesters or quarters of enrollment. The payment of grants to eligible students under this part shall be contingent upon the appropriation of funds by the General Assembly for the purposes of this part in annual appropriations Acts of the General Assembly." SECTION 2. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, is amended in subsection (a) by replacing "; and" at the end of paragraph (14) with a semicolon, by replacing the period at the end of paragraph (15) with "; and", and by adding a new paragraph to read as follows: "(16) The amount of funds paid to a taxpayer directly from any Southern Association of Colleges and Schools approved university or kindergarten through grade 12 school memorial fund established by a university which are in the form of a gift, grant, fund, scholarship, or other compensation and are provided to compensate the taxpayer for the death of a spouse, parent, or child of the taxpayer who is enrolled as a student or employed at such university when such death was caused by a criminal act." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Reed of the 35th moved that the Senate agree to the House substitute to SB 196. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Carter Y Chance Y Chapman Y Cowsert Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate 4186 JOURNAL OF THE SENATE Y Davenport Y Douglas Fort Y Goggans Y Golden E Grant Y Hamrick Y Harbison Y Harp Y Hawkins Me V Bremen (PRS) Y Moody Y Mullis E Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Rogers Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 196. The following bill was taken up to consider House action thereto: SB 153. By Senator Hill of the 32nd: 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 for the development of consumer driven health insurance plans by the Commissioner of Insurance; to allow such plans to include wellness and health promotion programs; to provide that such programs shall not be considered unfair trade practices; to provide for related matters; 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 153 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, Hill of the 32nd and Hudgens of the 47th. Senator Douglas of the 17th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 374. By Senators Weber of the 40th and Seabaugh of the 28th: A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen, so as to provide for definitions; to revise certain time periods for filing materialmens and mechanics liens; to provide for certain notices regarding waiver of lien or claim upon bond; to set filing fees for such liens; to FRIDAY, APRIL 4, 2008 4187 define certain terms; to provide that certain notices shall be sent by registered or overnight mail or statutory overnight delivery; to provide that certain liens are unenforceable if an action is not commenced within 12 months; to provide for a notice of contest of lien; to provide for the computation of certain time periods; 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 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen, so as to provide for definitions; to revise certain time periods for filing materialmens and mechanics liens; to provide for certain notices regarding waiver of lien or claim upon bond; to set filing fees for such liens; to define certain terms; to provide that certain notices shall be sent by registered or overnight mail or statutory overnight delivery; to provide that certain liens are unenforceable if an action is not commenced within 365 days; to provide for a notice of contest of lien; to provide for the computation of certain time periods; 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 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen, is amended by adding new paragraphs to Code Section 44-14-360, relating to definitions, to read as follows: "(.1) ' Business day' means any day that is not a Saturday, Sunday, or legal holiday." "(2.1) 'Lien action' means a lawsuit, proof of claim in a bankruptcy case, or a binding arbitration." SECTION 2. Said part is further amended by revising Code Section 44-14-361.1, relating to how liens are declared and created, as follows: "44-14-361.1. (a) To make good the liens specified in paragraphs (1) through (8) of subsection (a) of Code Section 44-14-361, they must be created and declared in accordance with the following provisions, and on failure of any of them the lien shall not be effective or enforceable: (1) A substantial compliance by the party claiming the lien with his or her contract for building, repairing, or improving; for architectural services furnished; for registered forester services furnished or performed; for registered land surveying or 4188 JOURNAL OF THE SENATE registered professional engineering services furnished or performed; or for materials or machinery furnished or set up; (2) The filing for record of his or her claim of lien within three months 90 days after the completion of the work, the furnishing of the architectural services, or the furnishing or performing of such surveying or engineering services or within three months 90 days after the material or machinery is furnished in the office of the clerk of the superior court of the county where the property is located, which. The lien shall include a statement regarding its expiration pursuant to Code Section 44-14-367 and a notice to the owner of the property on which a claim of lien is filed that such owner has the right to contest the lien; the absence of such statement or notice shall invalidate the lien. The claim shall be in substance as follows: 'A.B., a mechanic, contractor, subcontractor, materialman, machinist, manufacturer, registered architect, registered forester, registered land surveyor, registered professional engineer, or other person (as the case may be) claims a lien in the amount of (specify the amount claimed) on the house, factory, mill, machinery, or railroad (as the case may be) and the premises or real estate on which it is erected or built, of C.D. (describing the houses, premises, real estate, or railroad), for satisfaction of a claim which became due on (specify the date the claim was due, which is the same as the last date the labor, services, or materials were supplied to the premises) for building, repairing, improving, or furnishing material (or whatever the claim may be).' At the time of filing for record of his claim of lien No later than two business days after the date the claim of lien is filed of record, the lien claimant shall send a true and accurate copy of the claim of lien by registered or certified mail or statutory overnight delivery to the owner of the property or, if the owners address cannot be found, the contractor, as the agent of the owner; provided, however, if the property owner is an entity on file with the Secretary of States Corporations Division, sending a copy of the claim of lien to the entitys address or the registered agents address shall satisfy this requirement. In all cases in which a notice of commencement is filed with the clerk of the superior court pursuant to subsection (b) of Code Section 44-14-361.5, a lien claimant shall also send a copy of the claim of lien by registered or certified mail or statutory overnight delivery to the contractor at the address shown on the notice of commencement; (3) The commencement of an a lien action for the recovery of the amount of the partys claim within 12 months 365 days from the time the same shall become due date of filing for record of his or her claim of lien. In addition, within 14 30 days after filing commencing such lien action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed. The notice shall contain a caption referring to the then owner of the property against which the lien was filed and referring to a deed or other recorded instrument in the chain of title of the affected property. The notice shall be executed, under oath, by the party claiming the lien or by such partys attorney of record, but failure to execute the notice under oath shall be an amendable defect which may be cured by the party FRIDAY, APRIL 4, 2008 4189 claiming the lien or by such partys attorney without leave of court at any time before entry of the pretrial order and thereafter by leave of court. An amendment of notice pursuant to this Code section shall relate back to the date of filing of the notice. The notice shall identify the court or arbitration venue wherein the lien action is brought; the style and number, if any, of the lien action, including the names of all parties thereto; the date of the filing of the lien action; and the book and page number of the records of the county wherein the subject lien is recorded in the same manner in which liens specified in Code Section 44-14-361 are filed. The clerk of the superior court shall enter on the subject lien so referred to the book and page on which the notice is recorded and shall index such notice in the name of the then purported owner as shown by the caption contained in such notice. A separate lis pendens notice need not be filed with the commencement of this action; and (4) In the event any contractor or subcontractor procuring material, architects services, registered foresters services, registered land surveyors services, or registered professional engineers services, labor, or supplies for the building, repairing, or improving of any real estate, building, or other structure shall abscond or die or leave the state within 12 months from the date such services, labor, supplies, or material are furnished to him or her during the required time period for filing a lien action, so that personal jurisdiction cannot be obtained on the contractor or subcontractor in an a lien action for the services, material, labor, or supplies, or if the contractor or subcontractor shall be adjudicated a bankrupt, or if, after the filing of an a lien action, no final judgment can be obtained against him or her for the value of such material, services, labor, or supplies because of his or her death, adjudication in bankruptcy, or the contract between the party claiming the lien and the contractor or subcontractor includes a provision preventing payment to the claimant until after the contractor or the subcontractor has received payment, then and in any of these events, the person or persons furnishing material, services, labor, and supplies shall be relieved of the necessity of filing an a lien action or obtaining judgment against the contractor or subcontractor as a prerequisite to enforcing a lien against the property improved by the contractor or subcontractor. Subject to Code Section 44-14-361, the person or persons furnishing material, services, labor, and supplies may enforce the lien directly against the property so improved in an a lien action against the owner thereof, if filed within 12 months from the time the lien becomes due the required time period for filing a lien action, with the judgment rendered in any such proceeding to be limited to a judgment in rem against the property improved and to impose no personal liability upon the owner of the property; provided, however, that in such lien action for recovery, the owner of the real estate improved, who has paid the agreed price or any part of same, may set up the payment in any lien action brought and prove by competent and relevant evidence that the payments were applied as provided by law, and no judgment shall be rendered against the property improved. Within 14 30 days after filing such lien action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed. The notice shall contain a caption referring to the then owner of the property against which 4190 JOURNAL OF THE SENATE the lien was filed and referring to a deed or other recorded instrument in the chain of title of the affected property. The notice shall be executed, under oath, by the party claiming the lien or by his or her attorney of record. The notice shall identify the court or arbitration venue wherein the lien action is brought; the style and number of the lien action, if any, including the names of all parties thereto; the date of the filing of the lien action; and the book and page number of the records of the county wherein the subject lien is recorded in the same manner in which liens specified in Code Section 44-14-361 are filed. The clerk of the superior court shall enter on the subject lien so referred to the book and page on which the notice is recorded and shall index such notice in the name of the then purported owner as shown by the caption contained in such notice. A separate lis pendens notice need not be filed with the commencement of this action. (b) As between themselves, the liens provided for in Code Section 44-14-361 shall rank according to the date filed; but all of the liens mentioned in this Code section for repairs, building, or furnishing materials or services, upon the same property, shall, as to each other, be of the same date when declared and filed for record within three months 90 days after the work is done or before that time. (c) The liens specified in Code Section 44-14-361 shall be inferior to liens for taxes, to the general and special liens of laborers, to the general lien of landlords of rent when a distress warrant is issued out and levied, to claims for purchase money due persons who have only given bonds for titles, and to other general liens when actual notice of the general lien of landlords and others has been communicated before the work was done or materials or services furnished; but the liens provided for in Code Section 44-14-361 shall be superior to all other liens not excepted by this subsection. (d) In any proceeding brought by any materialman, by any mechanic, by any laborer, by any subcontractor, or by any mechanic of any sort employed by any subcontractor or by any materialmen furnishing material to any subcontractor, or by any laborer furnishing labor to any subcontractor, to enforce such a lien, the contractor having a direct contractual relationship with the subcontractor shall not be a necessary party; but he or she may be made a party. In any proceedings brought by any mechanic employed by any subcontractor, by any materialmen furnishing material to any subcontractor, or by any laborer furnishing labor to any subcontractor, the subcontractor shall not be a necessary party; but he or she may be made a party. The contractor or subcontractor or both may intervene in the proceedings at any time before judgment for the purpose of resisting the establishment of the lien or of asserting against the lienor any claim of the contractor or subcontractor growing out of or related to the transaction upon which the asserted lien is based. (e) In no event shall the aggregate amount of liens set up by Code Section 44-14-361 exceed the contract price of the improvements made or services performed. (f) The filing fees for a claim of materialmans or mechanics lien and any related document created pursuant to this Code section, including but not limited to a notice of commencement of action, shall be the amount set by Code Section 15-6-77 for liens on real estate and personal property." FRIDAY, APRIL 4, 2008 4191 SECTION 3. Said part is further amended by revising subsection (c) of Code Section 44-14-361.5, relating to liens of persons without privity of contract, as follows: "(c) A Notice to Contractor notice to contractor shall be given sent by registered or certified mail or statutory overnight delivery to the owner or the agent of the owner and to the contractor at the addresses set forth in the Notice of Commencement notice of commencement setting forth: (1) The name, address, and telephone number of the person providing labor, services, or materials; (2) The name and address of each person at whose instance the labor, services, or materials are being furnished; (3) The name of the project and location of the project set forth in the Notice of Commencement notice of commencement; and (4) A description of the labor, services, or materials being provided and, if known, the contract price or anticipated value of the labor, services, or materials to be provided or the amount claimed to be due, if any." SECTION 4. Said part is further amended by revising subsection (a) of Code Section 44-14-364, relating to the release of lien on filing of bond, as follows: "(a) When any person entitled under this part to claim a lien against any real estate located in this state files his or her lien in the office of the clerk of the superior court of the county in which the real estate is located, the owner of the real estate or the contractor employed to improve the property may, before or after foreclosure proceedings are instituted, discharge the lien by filing a bond in the office of that clerk. The bond shall be conditioned to pay to the holder of the lien the sum that may be found to be due the holder upon the trial of any lien action that may be filed by the lienholder to recover the amount of his or her claim within 12 months 365 days from the time the claim becomes due of lien is filed. The bond shall be in double the amount claimed under that lien and shall be either a bond with good security approved by the clerk of the court or a cash bond, except in cases involving a lien against residential property, in which event the bond shall be in the amount claimed under the lien. Upon the filing of the bond provided for in this Code section, the real estate shall be discharged from the lien. Within seven days of filing such bond and any attachments, the party filing the bond shall send a notice of filing such bond and a copy of the bond by registered or certified mail or statutory overnight delivery to the lien claimant at the address stated on the lien or, if no such address is shown for the lien claimant, to the person shown as having filed such lien on behalf of the claimant at the indicated address of such person or, if the bond is filed by a contractor, to the owner of the property, provided that whenever the lien claimant or the owner is an entity on file with the Secretary of States Corporations Division, sending the notice of filing such bond and a copy of the bond to the companys address or the registered agents address on file with the Secretary of State shall be deemed sufficient; provided, however, that the 4192 JOURNAL OF THE SENATE failure to send the notice of filing the bond and copy of the bond shall not invalidate the bond for purposes of discharge of a claim of lien under this Code section. With respect to property bonds, the clerk shall not accept any real property bond unless the real property is scheduled in an affidavit attached thereto setting forth a description of the property and indicating the record owner thereof, including any liens and encumbrances and amounts thereof, the market value, and the value of the sureties interest therein, which affidavit shall be executed by the owner or owners of the interest; the bond and affidavit shall be recorded in the same manner and at the same cost as other deeds of real property. So long as the bond exists, it shall constitute a lien against the property described in the attached affidavit." SECTION 5. Said part is further amended by revising Code Section 44-14-366, relating to a waiver of lien or claim upon bond in advance of furnishing labor, services, or materials void, as follows: "44-14-366. (a) A right to claim a lien or to claim upon a bond may not be waived in advance of furnishing of labor, services, or materials. Any purported waiver or release of lien or bond claim or of this Code section executed or made in advance of furnishing of labor, services, or materials is null, void, and unenforceable. (b) No oral or written statement by the claimant purporting to waive, release, impair, or otherwise adversely affect a lien or bond claim is enforceable or creates an estoppel or impairment of claim of lien or claim upon a bond unless: (1) It is pursuant to a waiver and release form duly executed by claimant prescribed below; and (2) The claimant has received payment for the claim as set forth in subsection (f) of this Code section. (c) When a claimant is requested to execute a waiver and release in exchange for or in order to induce payment other than final payment, the waiver and release must shall substantially follow substantially the following form, in boldface capital letters in at least 12 point font and the priority of such claimants lien rights, except as to retention, shall upon such payment thereafter run from the day after the date specified in such Interim Waiver and Release upon Payment form: INTERIM WAIVER AND RELEASE UPON PAYMENT STATE OF GEORGIA COUNTY OF __________ The undersigned mechanic and/or materialman has been employed by _______________________ (name of contractor) to furnish _______________________ (describe materials and/or labor) for the construction of improvements known as _______________________ (title of the project or building) FRIDAY, APRIL 4, 2008 4193 which is located in the City of _________________, County of _____________, and is owned by _______________________ (name of owner) and more particularly described as follows: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) Upon the receipt of the sum of $__________, the mechanic and/or materialman waives and releases any and all liens or claims of liens it has upon the foregoing described property through the date of _______________________ (date) and excepting those rights and liens that the mechanic and/or materialman might have in any retained amounts, on account of labor or materials, or both, furnished by the undersigned to or on account of said contractor for said building or premises. Given under hand and seal this ______ day of ______________, ____. __________________ (Seal) _______________________ _______________________ (Witness) _______________________ (Address) Provided, however, that the failure to correctly complete any of the blank spaces in the above form shall not invalidate said form so long as the subject matter of said release may reasonably be determined. (d) When a claimant is requested to execute a waiver and release in exchange for or in order to induce payment of final payment, the waiver and release must follow substantially the following form: UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT STATE OF GEORGIA COUNTY OF __________ The undersigned mechanic and/or materialman has been employed by _______________________ (name of contractor) to furnish _______________________ (describe materials and/or labor) for the construction of improvements known as _______________________ (title of the project or building) which is located in the City of _________________, County of _____________, and is owned by _________________________ (name of owner) and more particularly described as follows: 4194 JOURNAL OF THE SENATE __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) Upon the receipt of the sum of $__________, the mechanic and/or materialman waives and releases any and all liens or claims of liens or any right against any labor and/or material bond it has upon the foregoing described property. Given under hand and seal this ______ day of ______________, ____. __________________ (Seal) _______________________ _______________________ (Witness) _______________________ (Address) NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT YET BEEN PAID, USE A CONDITIONAL RELEASE FORM. 'INTERIM WAIVER AND RELEASE UPON PAYMENT STATE OF GEORGIA COUNTY OF __________ THE UNDERSIGNED MECHANIC AND/OR MATERIALMAN HAS BEEN EMPLOYED BY _______________________ (NAME OF CONTRACTOR) TO FURNISH _______________________ (DESCRIBE MATERIALS AND/OR LABOR) FOR THE CONSTRUCTION OF IMPROVEMENTS KNOWN AS _______________________ (TITLE OF THE PROJECT OR BUILDING) WHICH IS LOCATED IN THE CITY OF _________________, COUNTY OF _____________, AND IS OWNED BY _______________________ (NAME OF OWNER) AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT FRIDAY, APRIL 4, 2008 4195 NUMBER, OR STREET ADDRESS OF THE PROJECT.) UPON THE RECEIPT OF THE SUM OF $__________, THE MECHANIC AND/OR MATERIALMAN WAIVES AND RELEASES ANY AND ALL LIENS OR CLAIMS OF LIENS IT HAS UPON THE FOREGOING DESCRIBED PROPERTY OR ANY RIGHTS AGAINST ANY LABOR AND/OR MATERIAL BOND THROUGH THE DATE OF ______________ (DATE) AND EXCEPTING THOSE RIGHTS AND LIENS THAT THE MECHANIC AND/OR MATERIALMAN MIGHT HAVE IN ANY RETAINED AMOUNTS, ON ACCOUNT OF LABOR OR MATERIALS, OR BOTH, FURNISHED BY THE UNDERSIGNED TO OR ON ACCOUNT OF SAID CONTRACTOR FOR SAID BUILDING OR PREMISES. GIVEN UNDER HAND AND SEAL THIS ______ DAY OF ____________, ____. __________________ (SEAL) _______________________ _______________________ (WITNESS) _______________________ (ADDRESS) NOTICE: WHEN YOU EXECUTE AND SUBMIT THIS DOCUMENT, YOU SHALL BE CONCLUSIVELY DEEMED TO HAVE BEEN PAID IN FULL THE AMOUNT STATED ABOVE, EVEN IF YOU HAVE NOT ACTUALLY RECEIVED SUCH PAYMENT, 60 DAYS AFTER THE DATE STATED ABOVE UNLESS YOU FILE EITHER AN AFFIDAVIT OF NONPAYMENT OR A CLAIM OF LIEN PRIOR TO THE EXPIRATION OF SUCH 60 DAY PERIOD. THE FAILURE TO INCLUDE THIS NOTICE LANGUAGE ON THE FACE OF THE FORM SHALL RENDER THE FORM UNENFORCEABLE AND INVALID AS A WAIVER AND RELEASE UNDER O.C.G.A. SECTION 44-14-366.' Provided, however, that the failure to correctly complete any of the blank spaces in the above form shall not invalidate said form so long as the subject matter of said release may reasonably be determined. (d) When a claimant is requested to execute a waiver and release in exchange for or in order to induce payment making of final payment, the waiver and release must shall substantially follow substantially the following form in boldface capital letters in at least 12 point font: UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT STATE OF GEORGIA COUNTY OF __________ The undersigned mechanic and/or materialman has been employed by 4196 JOURNAL OF THE SENATE _______________________ (name of contractor) to furnish _______________________ (describe materials and/or labor) for the construction of improvements known as _______________________ (title of the project or building) which is located in the City of _________________, County of _____________, and is owned by _________________________ (name of owner) and more particularly described as follows: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) Upon the receipt of the sum of $__________, the mechanic and/or materialman waives and releases any and all liens or claims of liens or any right against any labor and/or material bond it has upon the foregoing described property. Given under hand and seal this ______ day of ______________, ____. __________________ (Seal) _______________________ _______________________ (Witness) _______________________ (Address) NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT YET BEEN PAID, USE A CONDITIONAL RELEASE FORM. 'WAIVER AND RELEASE UPON FINAL PAYMENT STATE OF GEORGIA COUNTY OF __________ THE UNDERSIGNED MECHANIC AND/OR MATERIALMAN HAS BEEN EMPLOYED BY _______________________ (NAME OF CONTRACTOR) TO FURNISH _______________________ (DESCRIBE MATERIALS AND/OR LABOR) FOR THE CONSTRUCTION OF IMPROVEMENTS KNOWN AS _______________________ (TITLE OF THE PROJECT OR BUILDING) WHICH IS LOCATED IN THE CITY OF _________________, COUNTY OF _____________, AND IS OWNED BY _________________________ (NAME OF OWNER) AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: FRIDAY, APRIL 4, 2008 4197 __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) UPON THE RECEIPT OF THE SUM OF $__________, THE MECHANIC AND/OR MATERIALMAN WAIVES AND RELEASES ANY AND ALL LIENS OR CLAIMS OF LIENS IT HAS UPON THE FOREGOING DESCRIBED PROPERTY OR ANY RIGHTS AGAINST ANY LABOR AND/OR MATERIAL BOND ON ACCOUNT OF LABOR OR MATERIALS, OR BOTH, FURNISHED BY THE UNDERSIGNED TO OR ON ACCOUNT OF SAID CONTRACTOR FOR SAID PROPERTY. GIVEN UNDER HAND AND SEAL THIS _____ DAY OF _____________, ____. __________________ (SEAL) _______________________ _______________________ (WITNESS) _______________________ (ADDRESS) NOTICE: WHEN YOU EXECUTE AND SUBMIT THIS DOCUMENT, YOU SHALL BE CONCLUSIVELY DEEMED TO HAVE BEEN PAID IN FULL THE AMOUNT STATED ABOVE, EVEN IF YOU HAVE NOT ACTUALLY RECEIVED SUCH PAYMENT, 60 DAYS AFTER THE DATE STATED ABOVE UNLESS YOU FILE EITHER AN AFFIDAVIT OF NONPAYMENT OR A CLAIM OF LIEN PRIOR TO THE EXPIRATION OF SUCH 60 DAY PERIOD. THE FAILURE TO INCLUDE THIS NOTICE LANGUAGE ON THE FACE OF THE FORM SHALL RENDER THE FORM UNENFORCEABLE AND INVALID AS A WAIVER AND RELEASE UNDER O.C.G.A. SECTION 44-14-366.' Provided, however, that the failure to correctly complete any of the blank spaces in the above form shall not invalidate said form so long as the subject matter of said release may reasonably be determined. (e) Nothing contained in this Code section shall affect: (1) The enforceability of any subordination of lien rights by a potential lien claimant to the rights of any other party which may have or acquire an interest in all or any part of the real estate, factories, railroads, or other property for which the potential lien claimant has furnished labor, services, or material, even though such subordination is entered into in advance of furnishing labor, services, or material and even though the claimant has not actually received payment in full for its claim; (2) The enforceability of any waiver of lien rights given in connection with the 4198 JOURNAL OF THE SENATE settlement of a bona fide dispute concerning the amount due the lien claimant for labor, services, or material which have already been furnished; (3) The validity of a cancellation or release of a recorded claim of lien or preliminary notice of lien rights; or (4) The provisions of paragraph (2) of subsection (a) of Code Section 44-14-361.2, paragraphs (3) and (4) of subsection (a) and subsections (b) and (c) of Code Section 44-14-361.4, or Code Section 44-14-364. (f)(1) When a waiver and release provided for in this Code section is executed by the claimant, it shall be binding against the claimant for all purposes, subject only to payment in full of the amount set forth in the waiver and release. (2) Such amounts shall conclusively be deemed paid in full upon the earliest to occur of: (A) Actual receipt of funds; (B) Execution by the claimant of a separate written acknowledgment of payment in full; or (C) Thirty Sixty days after the date of the execution of the waiver and release, unless prior to the expiration of said 30 60 day period the claimant files a claim of lien or files in the county in which the property is located an Affidavit of Nonpayment affidavit of nonpayment, using substantially the following form in boldface capital letters in at least 12 point font: AFFIDAVIT OF NONPAYMENT UNDER O.C.G.A. SECTION 44-14-366 STATE OF GEORGIA COUNTY OF __________ The undersigned mechanic and/or materialman has been employed by ____________________________ (name of contractor) to furnish _______________________ (describe materials and/or labor) for the construction of improvements known as _______________________ (title of the project or building) which is located in the City of ______________, County of ________, and is owned by _______________________ (name of owner) and more particularly described as follows: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) Pursuant to O.C.G.A. Section 44-14-366 the undersigned executed a lien waiver and release with respect to this property dated ______________, ____. The amount set forth in said waiver and release ($______) has not been paid, and the FRIDAY, APRIL 4, 2008 4199 undersigned hereby gives notice of such nonpayment. The above facts are sworn true and correct by the undersigned, this ______ day of ______________, ____. Sworn to and executed in the presence of: ____________________(SEAL) Claimants Signature _____________________ Witness _____________________ Notary Public 'AFFIDAVIT OF NONPAYMENT UNDER O.C.G.A. SECTION 44-14-366 STATE OF GEORGIA COUNTY OF __________ THE UNDERSIGNED MECHANIC AND/OR MATERIALMAN HAS BEEN EMPLOYED BY ____________________________ (NAME OF CONTRACTOR) TO FURNISH _______________________ (DESCRIBE MATERIALS AND/OR LABOR) FOR THE CONSTRUCTION OF IMPROVEMENTS KNOWN AS _______________________ (TITLE OF THE PROJECT OR BUILDING) WHICH IS LOCATED IN THE CITY OF ______________, COUNTY OF ________, AND IS OWNED BY _______________________ (NAME OF OWNER) AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) PURSUANT TO O.C.G.A. SECTION 44-14-366 THE UNDERSIGNED EXECUTED A LIEN WAIVER AND RELEASE WITH RESPECT TO THIS PROPERTY DATED ______________, ____. THE AMOUNT SET FORTH IN SAID WAIVER AND RELEASE ($______) HAS NOT BEEN PAID, AND THE UNDERSIGNED HEREBY GIVES NOTICE OF SUCH NONPAYMENT. THE ABOVE FACTS ARE SWORN TRUE AND CORRECT BY THE 4200 JOURNAL OF THE SENATE UNDERSIGNED, THIS ______ DAY OF ______________, ____. SWORN TO AND EXECUTED IN THE PRESENCE OF: ____________________(SEAL) CLAIMANTS SIGNATURE _____________________ WITNESS _____________________ NOTARY PUBLIC WITHIN SEVEN DAYS OF FILING THIS AFFIDAVIT OF NONPAYMENT, THE FILING PARTY SHALL SEND A COPY OF THE AFFIDAVIT BY REGISTERED OR CERTIFIED MAIL OR STATUTORY OVERNIGHT DELIVERY TO THE OWNER OF THE PROPERTY. IF THE FILING PARTY IS NOT IN PRIVITY OF CONTRACT WITH THE PROPERTY OWNER AND A NOTICE OF COMMENCEMENT IS FILED FOR THE IMPROVEMENT ON THE PROPERTY FOR WHICH THE FILING PARTYS LABOR, SERVICES, OR MATERIALS WERE FURNISHED, A COPY OF THE AFFIDAVIT SHALL BE SENT TO THE CONTRACTOR AT THE ADDRESS SHOWN ON THE NOTICE OF COMMENCEMENT. WHENEVER THE OWNER OF THE PROPERTY IS AN ENTITY ON FILE WITH THE SECRETARY OF STATES CORPORATIONS DIVISION, SENDING A COPY OF THE LIEN TO THE COMPANYS ADDRESS OR THE REGISTERED AGENTS ADDRESS ON FILE WITH THE SECRETARY OF STATE SHALL BE DEEMED SUFFICIENT.' (3) A claimant who is paid, in full, the amount set forth in the waiver and release form after filing an Affidavit of Nonpayment affidavit of nonpayment shall upon request execute in recordable form an affidavit swearing that payment in full has been received. Upon recordation thereof in the county in which the Affidavit of Nonpayment was recorded, the Affidavit of Nonpayment affidavit of nonpayment to which it relates shall be deemed void. (4) Nothing in this Code section shall shorten the time within which to file a claim of lien. (5) A waiver and release provided in this Code section shall be suspended upon filing of an Affidavit of Nonpayment affidavit of nonpayment until payment in full has been received. (6) The claimant may rely upon the information contained in the waiver and release form when completing for filing the Affidavit of Nonpayment affidavit of nonpayment or claim of lien." SECTION 6. Said part is further amended by revising Code Section 44-14-367, relating to notice FRIDAY, APRIL 4, 2008 4201 regarding the process to void liens not perfected by statute, in its entirety as follows: "44-14-367. Failure of a lien claimant to commence a lien action to collect the amount of his or her claim within 365 days from the date of filing the lien, or failure of the lien claimant to file the statutory notice of commencement of lien action in the county where the property is located, renders the claim of lien unenforceable. A claim of lien may be disregarded if no notice of commencement of lien action was filed within 395 days from the date the claim of lien was filed. Any lien filed after March 31, 2009, shall include on the face of the lien the following statement in at least 12 point bold font: 'This claim of lien expires and is void 395 days from the date of filing of the claim of lien if no notice of commencement of lien action is filed in that time period.' Failure to include such language shall invalidate the lien and prevent it from being filed. No release or voiding of such liens shall be required. A lien shall expire sooner and be disregarded once it is determined that no notice of commencement was timely filed in response to a notice of contest pursuant to Code Section 44-14-368." SECTION 7. Said part is further amended by inserting new Code sections to read as follows: "44-14-368. (a) An owner or an owners agent or attorney, or the contractor or contractors agent or attorney, may elect to shorten the time prescribed in which to commence a lien action to enforce any claim of lien by recording in the superior court clerks office a notice in substantially the following form, in boldface capital letters in at least 12 point font, along with proof of delivery upon the lien claimant: 'NOTICE OF CONTEST OF LIEN TO: [NAME AND ADDRESS OF LIEN CLAIMANT] YOU ARE NOTIFIED THAT THE UNDERSIGNED CONTESTS THE CLAIM OF LIEN FILED BY YOU ON ________________ 20____, AND RECORDED IN _______ BOOK __________, PAGE _____________ OF THE PUBLIC RECORDS OF_______________ COUNTY, GEORGIA, AGAINST PROPERTY OWNED BY __________________________, AND THAT THE TIME WITHIN WHICH YOU MAY COMMENCE A LIEN ACTION TO ENFORCE YOUR LIEN IS LIMITED TO 60 DAYS FROM RECEIPT OF THIS NOTICE. THIS _____ DAY OF______________, 20__. THIS ABOVE-REFERENCED LIEN WILL EXPIRE AND BE VOID IF YOU DO NOT: (1) COMMENCE A LIEN ACTION FOR RECOVERY OF THE AMOUNT OF THE LIEN CLAIM PURSUANT TO O.C.G.A. SECTION 44-14361.1 WITHIN 60 DAYS FROM RECEIPT OF THIS NOTICE; AND (2) FILE A NOTICE OF COMMENCEMENT OF LIEN ACTION WITHIN 30 DAYS OF FILING THE ABOVE-REFERENCED LIEN ACTION. 4202 JOURNAL OF THE SENATE SIGNED:_______________________________________ (OWNER, CONTRACTOR, AGENT OR ATTORNEY)' (b) The clerk of the superior court shall cross-reference the notice of contest of lien to the lien. The owner or his or her agent or attorney, or the contractor or his or her agent or attorney, shall send a copy of the notice of contest of lien within seven days of filing by registered or certified mail or statutory overnight delivery to the lien claimant at the address noted on the face of the lien. Service shall be deemed complete upon mailing. (c) The lien shall be extinguished by law 90 days after the filing of the notice of contest of lien if no notice of commencement of lien action is filed in that time period. No release or voiding of such liens shall be required. This subsection shall not be construed to extend the time in which a lien action must begin. 44-14-369. For the purposes of this part, the computation of time shall be determined pursuant to paragraph (3) of subsection (d) of Code Section 1-3-1." SECTION 8. This Act shall become effective on March 31, 2009. SECTION 9. 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 374. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Carter Y Chance Y Chapman Y Cowsert Y Davenport E Douglas Y Fort Goggans Y Golden E Grant Y Hamrick Y Heath Y Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Me V Bremen (PRS) Y Moody Y Mullis E Murphy Orrock Y Pearson Y Powell Y Schaefer Y Seabaugh Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber FRIDAY, APRIL 4, 2008 4203 Y Harbison Y Harp Y Hawkins Y Ramsey Reed Y Rogers Y Wiles Y Williams On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 374. The following Senators were excused for business outside the Senate Chamber: Hamrick of the 30th Williams of the 19th The following bill was taken up to consider House action thereto: SB 517. By Senator Hill of the 32nd: A BILL to be entitled an Act to amend Code Section 40-2-74 of the Official Code of Georgia Annotated, relating to special license plate for persons with disability, so as to provide for the issuance of special license plates for persons with disabilities to certain businesses for business vehicles used by disabled employees of such businesses; 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 40-2-74 of the Official Code of Georgia Annotated, relating to special license plate for persons with disability, so as to provide for the issuance of special license plates for persons with disabilities to certain businesses for business vehicles used by disabled employees of such businesses; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 40-2-74 of the Official Code of Georgia Annotated, relating to special license plate for persons with disability, is amended by adding a new subsection to read as follows: "(a.1) Any business registered in Georgia that is a sole proprietorship, a Subchapter 'S' Corporation under Subchapter S of Chapter 1 of the Internal Revenue Code, or a single principal limited liability corporation or limited liability partnership which assigns or makes available a passenger motor vehicle for the use of an employee of such business, 4204 JOURNAL OF THE SENATE upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon submitting an affidavit of a practitioner of the healing arts stating that such employee is a person with disabilities, as defined in paragraph (5) of Code Section 40-6-221, whose disability or incapacity can be expected to last for more than 180 days and stating the specific disability that limits or impairs the ability to walk, shall be issued a specially designated disabled persons license plate from the commissioner. The affidavit shall also state that such business vehicle shall be used only or primarily by such disabled employee. If such disabled employee leaves the employment of the company, the company shall surrender the plate to the commissioner within 60 days. In the event that an employee or other person that is not a disabled person uses a business vehicle which has been issued a special plate pursuant to this subsection, he or she shall not avail himself or herself of the privileges afforded under this title to a disabled person with a special plate. Any person who is not a disabled person as prescribed by this Code section and who willfully and falsely avails himself or herself of the privileges afforded to such special plate under this title shall be guilty of a misdemeanor. Any business to which one or more special plates are issued pursuant to this subsection which is determined by the commissioner to have repeated violations of this subsection by an employee or employees or other person or persons that are not disabled person as prescribed by this Code section shall be subject to revocation of such special plate or plates." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Hill of the 32nd moved that the Senate agree to the House substitute to SB 517. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Carter Y Chance Y Chapman Y Cowsert Y Davenport E Douglas Y Fort Y Goggans Y Golden E Grant Y Heath Y Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Me V Bremen (PRS) Y Moody Y Mullis E Murphy Y Orrock Y Pearson Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Thompson,S Y Tolleson Y Unterman FRIDAY, APRIL 4, 2008 4205 E Hamrick Y Harbison Y Harp Y Hawkins Y Powell Y Ramsey Y Reed Y Rogers Y Weber Y Wiles E Williams On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 517. Senator Stoner of the 6th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 421. By Senators Pearson of the 51st, Rogers of the 21st, Wiles of the 37th, Hawkins of the 49th, Williams of the 19th and others: A BILL to be entitled an Act to amend Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to the crime of knowingly manufacturing, selling, or distributing false identification documents, so as to change the penalties for such offense based upon the age of the person convicted and the nature of the crime; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to the crime of knowingly manufacturing, selling, or distributing false identification documents, so as to change the penalties for such offense based upon the age of the person convicted and the nature of the crime; 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. Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to the crime of knowingly manufacturing, selling, or distributing false identification documents, is amended by revising subsection (c) as follows: "(c)(1) Except as provided in paragraph (2) or (3) of this subsection, any person who violates the provisions of paragraph (1), (2), (3), or (6) of subsection (b) of this Code section shall be guilty of a misdemeanor. (2) Except as provided in paragraph (3) of this subsection, any Any person who 4206 JOURNAL OF THE SENATE violates the provisions of paragraph (2) (1), (3), or (6) of subsection (b) of this Code section for the second or any subsequent offense shall be guilty of a felony and shall be punished by a fine of not more than $25,000.00 or by imprisonment for not more than three years, or both. (3) Except as provided in paragraph (5) of this subsection, any Any person who manufactures, alters, sells, distributes, delivers, receives, possesses, or offers for sale or distribution three or more identification documents in violation of the provisions of subsection (b) of this Code section shall be punished by imprisonment for not less than three nor more than ten years, a fine not to exceed the amount specified by Code Section 17-10-8 $100,000.00, or both. (4) Except as provided in paragraph (3) or (5) of this subsection, any Any person who violates the provisions of paragraph (2), (4), or (5) of subsection (b) of this Code section shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed the amount specified by Code Section 17-10-8 $100,000.00, or both. (5) Any person who is under 21 years of age and violates the provisions of subsection (b) of this Code section for the purpose of the identification being used to obtain entry into an age restricted facility or being used to purchase a consumable good that is age restricted, shall, upon a first conviction thereof, be guilty of a misdemeanor and upon a second or subsequent conviction shall be punished as for a misdemeanor of a high and aggravated nature. (5)(6) Any person convicted of an attempt or conspiracy to violate the provisions of subsection (b) of this Code section shall be punished by imprisonment, by a fine, or by both such punishments not to exceed the maximum punishment prescribed for the offense the commission of which was the object of the attempt or conspiracy." SECTION 2. This Act shall become effective on July 1, 2008, and shall apply to all offenses committed on or after that date. SECTION 3. 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 421. 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 Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith FRIDAY, APRIL 4, 2008 4207 Carter Chance Y Chapman Y Cowsert Y Davenport E Douglas Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Hudgens Y Jackson Y Johnson Y Jones Me V Bremen (PRS) Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Staton C Stoner Y Tarver Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles E Williams On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 421. The following bill was taken up to consider House action thereto: HB 1209. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Cole of the 125th, Maxwell of the 17th 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 that a local school system may enter into a contract with the State Board of Education for increased flexibility in exchange for increased accountability; to provide that a local school system can opt for the status quo; to provide for the development of a three-year strategic plan; to change certain provisions relating to waivers to improve student performance; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Johnson of the 1st asked unanimous consent that the Senate adhere to its disagreement to the House amendment to the Senate substitute to HB 1209 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Johnson of the 1st, Weber of the 40th and Moody of the 56th. The following Senators were excused for business outside the Senate Chamber: Balfour of the 9th Chapman of the 3rd Mullis of the 53rd 4208 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: SB 130. By Senators Grant of the 25th, Whitehead, Sr. of the 24th, Cowsert of the 46th, Douglas of the 17th and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 10 of Title 2 of the O.C.G.A., relating to agricultural marketing facilities, organizations, and programs, so as to repeal Article 1, relating to the Georgia Building Authority (Markets); to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to repeal Article 2, relating to the Georgia Building Authority (Hospital); to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to repeal Chapter 3, relating to the Georgia Building Authority (Penal); to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural marketing facilities, organizations, and programs, so as to repeal Article 1, relating to the Georgia Building Authority (Markets); to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to repeal Article 2, relating to the Georgia Building Authority (Hospital); to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to repeal Chapter 3, relating to the Georgia Building Authority (Penal); to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Community Affairs, so as to provide for energy efficient construction of a major statefunded facility project; to provide for duties and responsibilities for the enforcement of certain energy efficient provisions; to provide a short title; to provide legislative findings; to provide a definition; to amend Article 1 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions for the Georgia Building Authority, to subrogate the Georgia Building Authority for certain repealed agencies by transferring the rights, privileges, functions, assets, obligations, employees, and immunities of the Georgia Building Authority (Markets), the Georgia Building Authority (Hospital), the Georgia Building Authority (Penal), and the Agency for Removal of Hazardous Materials to the Georgia Building Authority; to amend Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, so as to repeal Article 4, relating to the Hazardous Materials Removal Agency; to reserve certain chapters and articles; to provide for related matters; to provide for effective dates and applicability; to FRIDAY, APRIL 4, 2008 4209 repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural marketing facilities, organizations, and programs, is amended by repealing Article 1, relating to the Georgia Building Authority (Markets), and designating said article as reserved. SECTION 2. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, is amended by repealing Article 2, relating to the Georgia Building Authority (Hospital), and designating said article as reserved. SECTION 3. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by repealing Chapter 3, relating to the Georgia Building Authority (Penal), and designating said chapter as reserved. SECTION 4. Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Community Affairs, is amended by adding a new Code section to read as follows: "50-8-18. (a) This Code section shall be known and may be cited as the 'Energy Efficiency and Sustainable Construction Act of 2008.' (b) The General Assembly finds that the welfare of this state is enhanced by the promotion of effective energy and environmental standards for construction, rehabilitation, and maintenance of state-funded facilities and that such standards in turn improve this states capacity to design, build, and operate high-performance buildings, contributing to economic growth, promoting job development, and increasing energy conservation. (c) For purposes of this Code section, 'major facility project' means a state-funded: (1) New construction building project of a building exceeding 10,000 square feet; (2) A renovation project that is more than 50 percent of the replacement value, as determined by the Department of Administrative Services Risk Management Division, of the facility, a change in occupancy, or any roof replacement project exceeding 10,000 square feet; or (3) A commercial interior tenant fit-out project exceeding 10,000 square feet of leasable area where the state is intended to be the lessor of such property. A major facility project shall not include a building, regardless of size, that does not have conditioned space as defined by the American Society of Heating, Refrigerating, 4210 JOURNAL OF THE SENATE and Air-Conditioning Engineers (ASHRAE) and shall not include a state owned building that is on the historical registry or any local, county, or municipal building. (d) Consistent with the intent of this Code section, the department, in consultation with the Georgia State Finance and Investment Commission, shall adopt policies and procedures as recommended standards for all buildings owned or managed by this state that: (1) Optimize the energy performance; (2) Increase the demand for construction materials and furnishings produced in Georgia; (3) Improve the environmental quality in this state by decreasing the discharge of pollutants from such state buildings; (4) Conserve energy and utilize local and renewable energy sources; (5) Protect and restore this states natural resources by avoiding the development of inappropriate building sites; (6) Reduce the burden on municipal water supply and treatment by reducing potable water consumption; (7) Establish life cycle assessments as the appropriate and most efficient analysis to determine a building projects environmental performance level; and (8) Encourage obtaining Energy Star designation from the United States Environmental Protection Agency to further demonstrate a building projects energy independence. (e) All major facility projects may be designed, constructed, and commissioned or modeled to exceed the standards set forth in ASHRAE 90.1.2004 by 30 percent where it is determined by the department that such 30 percent efficiency is cost effective based on a life cycle cost analysis with a payback at no more than ten years. Commissioning or modeling must be performed by a professional engineer, design professional, or commissioning agent using software methodology approved by the Internal Revenue Service, the Department of Energy, current ASHRAE standards, or other similar methodology. For all major renovation projects, such requirements shall apply to the specific building assemblies, envelope components, and equipment involved in the project. (f) All major facility projects shall be designed, constructed, and commissioned or modeled to achieve a 15 percent reduction in water use when compared to water use based on plumbing fixture selection in accordance with the Energy Policy Act of 1992. (g) To achieve sustainable building standards, construction projects may utilize a nationally recognized high performance energy modeling and environmental building rating system; provided, however, that any such rating system that uses a material or product based credit system that operates to the detriment of materials or products manufactured or produced in Georgia shall not be utilized. The department shall designate rating systems that meet these criteria and is authorized to establish its own alternative rating system. All major facility projects shall include Georgia products such that not less than 10 percent of all building materials used in a project are harvested, extracted, or manufactured in the State of Georgia where such products are FRIDAY, APRIL 4, 2008 4211 commercially available in a manner consistent with the purposes of this Code section. (h) A professional engineer, design professional, or commissioning agent shall certify that the building projects systems for heating, ventilating, air conditioning, energy conservation, and water conservation are installed and working properly to ensure that each building project performs according to the buildings overall environmental design intent and operational objectives." SECTION 5. Article 1 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions for the Georgia Building Authority, is amended by adding a new Code section to read as follows: "50-9-17. (a) As used in this Code section, the term: (1) 'Authority' means the Georgia Building Authority as set forth in Code Section 509-2. (2) 'Transferred authorities' means the Georgia Building Authority (Markets) set forth in Article 1 of Chapter 10 of Title 2, the Georgia Building Authority (Hospital) set forth in Article 2 of Chapter 7 of Title 31, the Georgia Building Authority (Penal) set forth in Chapter 3 of Title 42, and the Agency for Removal of Hazardous Materials set forth in Article 4 of Chapter 9 of Title 50, as each entity existed as of June 30, 2008. (b) Beginning July 1, 2008, all functions, duties, responsibilities, and obligations of the transferred authorities shall belong to the authority. The authority shall also succeed to the rights, claims, remedies, securities, and any other debt or obligation owing to the transferred authorities. (c) The authority shall be substituted for the transferred authorities on any bonds, claims, causes of action, contracts, leases, agreements, or other indebtedness or obligations of the transferred authorities. Contracts held by the transferred authorities shall be considered contracts of the authority, and any rights of renewal, prerogatives, benefits, and rights of enforcement under such contracts shall also be transferred to the authority. (d) Appropriations for functions transferred from the transferred authorities to the authority may be transferred as provided in Code Section 45-12-90, relating to disposition of appropriations for duties, purposes, and objects which have been transferred. Personnel, equipment, and facilities previously employed for such transferred functions shall likewise be transferred to the authority. Upon the effective date of the transfer, all personnel positions authorized for the transferred authorities shall be transferred to the authority and all employees whose positions are transferred to the authority shall become employees of the authority in the unclassified service as provided in Code Section 45-20-6. (e) All assets, moneys, properties both tangible and intangible, and other valuable instruments and consideration belonging to the transferred authorities on the date of transfer shall become the property and assets of the authority. 4212 JOURNAL OF THE SENATE (f) Rules and regulations previously adopted by the transferred authorities shall remain in full force and effect as rules and regulations of the authority until amended, repealed, or superseded by action of the authority." SECTION 6. Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, is amended by repealing Article 4, relating to the Hazardous Materials Removal Agency, and designating said article as reserved. SECTION 7. This Act shall become effective on July 1, 2008; provided, however, that the provisions in Section 4 of this Act shall become effective on July 1, 2010, and shall apply to design agreements for major facilities projects entered into on or after such date. SECTION 8. 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 130. 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 Carter Y Chance E Chapman Y Cowsert Y Davenport Y Douglas Y Fort Goggans Y Golden Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Me V Bremen (PRS) Y Moody C Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 130. FRIDAY, APRIL 4, 2008 4213 The following bill was taken up to consider House action thereto: SB 175. By Senators Grant of the 25th and Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 45-9-1 of the O.C.G.A., relating to general provisions relative to insuring and indemnification of state officers and employees, so as to clarify the meaning of criminal action; to amend Part 12 of Article 4 of Chapter 3 of Title 46 of the O.C.G.A., relating to dissolution of electric membership corporations, so as to replace "Department of Administrative Services" with "Office of Treasury and Fiscal Services" where such term appears in certain Code sections; to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the O.C.G.A., relating to general authority, duties, and procedures for state purchasing, so as to modify certain duties and provisions relating to state purchasing; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Code Section 45-9-1 of the Official Code of Georgia Annotated, relating to general provisions relative to insuring and indemnification of state officers and employees, so as to clarify the meaning of criminal action; to amend Part 12 of Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to dissolution of electric membership corporations, so as to replace "Department of Administrative Services" with "Office of Treasury and Fiscal Services" where such term appears in certain Code sections; to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures for state purchasing, so as to modify certain duties and provisions relating to state purchasing; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 45-9-1 of the Official Code of Georgia Annotated, relating to general provisions relative to insuring and indemnification of state officers and employees, is amended by revising subsection (a) as follows: "(a) In addition to any other compensation which may be paid to an officer, official, or employee of any agency, board, bureau, commission, department, or authority of the executive, judicial, or legislative branch of government of this state, each such agency, board, bureau, commission, department, or authority is authorized, in its discretion, to purchase policies of liability insurance or contracts of indemnity or to formulate sound 4214 JOURNAL OF THE SENATE programs of self-insurance utilizing funds available to such agency, board, bureau, commission, department, or authority, insuring or indemnifying such officers, officials, or employees to the extent that they are not immune from liability against personal liability for damages arising out of the performance of their duties or in any way connected therewith. Such policies of liability insurance, contracts of indemnity, or programs of self-insurance may also provide for reimbursement to an officer, official, or employee of any agency, board, bureau, commission, department, or authority of the state for reasonable legal fees and other expenses incurred in the successful defense of a criminal action arising any criminal proceeding, including, but not limited to, any criminal cause of action, suit, investigation, subpoena, warrant, request for documentation or property, or threat of such action whether formal or informal where such action arises out of the performance of his or her official duties. In addition, in the case of an officer, official, or employee who is required to maintain a professional license, such reimbursement may also be provided for legal fees and other expenses so incurred in the successful defense of a charge arising out of the performance of his or her official duties in proceedings before a professional licensing board, disciplinary board or commission, or other similar body. Legal fees and other expenses shall be subject to adjustment by and the approval of the Attorney General." SECTION 2. Part 12 of Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to dissolution of electric membership corporations, is amended by replacing "Department of Administrative Services" with "Office of Treasury and Fiscal Services" wherever the former word occurs in: (1) Code Section 46-3-427, relating to the execution and contents of the articles of dissolution; (2) Code Section 46-3-436, relating to the entry of a decree of involuntary dissolution; and (3) Code Section 46-3-438, relating to a deposit with the Department of Administrative Services of an amount due to unknown, disabled, or unlocatable creditors or members. SECTION 3. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures for state purchasing, is amended by revising subsection (b) of Code Section 50-5-67, relating to competitive bidding procedure, as follows: "(b) Except as otherwise provided for in this part, all contracts for the purchases of supplies, materials, equipment, or services other than professional and personal employment services made under this part shall, wherever possible, be based upon competitive bids and shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the standard specifications which have been established and prescribed, the purposes for which the FRIDAY, APRIL 4, 2008 4215 articles are required, the discount allowed for prompt payment, the transportation charges, and the date or dates of delivery specified in the bid and any other cost affecting the total cost of ownership during the life cycle of the supplies, materials, or equipment, or services as specified in the solicitation document. Competitive bids on such contracts shall be received in accordance with rules and regulations to be adopted by the commissioner of administrative services, which rules and regulations shall prescribe, among other things, the manner, time, and places for proper advertisement for the bids, indicating the time and place when the bids will be received; the article for which the bid shall be submitted and the standard specification prescribed for the article; the amount or number of the articles desired and for which the bids are to be made; and the amount, if any, of bonds or certified checks to accompany the bids. Any and all bids so received may be rejected." SECTION 4. Said Code section is further amended by revising subsection (d) as follows: "(d)(1) Except as otherwise provided for in this part, the Department of Administrative Services shall publish, prior to award or letting of the contracts, notice of its intent to award a contract to the successful bidder or offeror on public display in a conspicuous place in the departments office, on the Georgia Procurement Registry, or both so that it may be easily seen by the public. The public notice on public display shall also state the price or the amount for which the contract may be awarded, the commodities or services to be covered by the contract which may be awarded, and the names of all persons whose bids, offers, or proposals were rejected by the department, together with a statement giving the reasons for the rejection. (2) Every bid or proposal conforming to the terms of the advertisement provided for in this Code section, together with the name of the bidder, shall be recorded, and all such records with the name of the successful bidder or offeror indicated thereon shall, within one day after award or letting of the contract the issuance of the departments public notice of intent to award to the successful bidder or offeror, be subject to public inspection upon request. (3) The Department of Administrative Services shall also, within one day after the award or letting of the contract, publish the name of the successful bidder or offeror on public display in a conspicuous place in the departments office or on the Georgia Procurement Registry so that it may be easily seen by the public. The public notice on public display shall also show the price or the amount for which the contract was let and the commodities covered by the contract. The Department of Administrative Services shall also, within one day after the award or letting of the contract, publish on public display the names of all persons whose bids, offers, or proposals were rejected by it, together with a statement giving the reasons for such rejection. (4) Bids, offers, or proposals shall be opened in public by the The Department of Administrative Services, which shall canvass the bids, offers, or proposals and award the contract according to the terms of this part. The Department of Administrative Services shall prepare a register of bids, offers, or proposals which will become 4216 JOURNAL OF THE SENATE available for public inspection upon request within one day after the issuance of the departments public notice of intent to award to the successful bidder or offeror. The bids, offers, or proposals shall not be subject to public disclosure until after the issuance of the public notice of intent to award a contract to the successful bidder or offeror except that audited financial statements not otherwise publicly available but required to be submitted in the bid, offer, or proposal shall not be subject to public disclosure. (5) Records related to the competitive bidding and proposal process which, if disclosed prior to the issuance of the public notice of intent to award would undermine the public purpose of obtaining the best value for this state, shall not be subject to public disclosure until after the departments issuance of its public notice of intent to award a contract to the successful bidder or offeror. Such records include but are not limited to cost estimates, bids, proposals, evaluation criteria, vendor evaluations, negotiation documents, offers and counter-offers, and records revealing preparation for the procurement. (6) A proper bond for the faithful performance of any contract shall be required of the successful bidder or offeror in the discretion of the Department of Administrative Services. After the contracts have been awarded, the Department of Administrative Services shall certify to the offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state the sources of the supplies and the contract price of the various supplies, materials, services, and equipment so contracted for." SECTION 5. 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 175. On the motion, a roll call was taken and the vote was as follows: Y Adelman C Balfour Brown Y Bulloch Y Butler Y Carter Y Chance E Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Me V Bremen (PRS) Y Moody C Mullis Y Murphy Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S FRIDAY, APRIL 4, 2008 4217 Y Golden Y Grant E Hamrick Y Harbison Y Harp Hawkins Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 175. The following Senators were excused for business outside the Senate Chamber: Seabaugh of the 28th Tolleson of the 20th The following bill was taken up to consider House action thereto: SB 254. By Senators Grant of the 25th, Mullis of the 53rd, Chance of the 16th and Whitehead, Sr. of the 24th: A BILL to be entitled an Act to amend Chapter 9 of Title 45 of the O.C.G.A., relating to insuring and indemnification of public officers and employees, so as to provide that the Department of Administrative Services shall be the custodian and administrator of the Georgia State Indemnification Fund; to define certain terms; to provide that the department shall approve or deny claims for indemnification for permanent disability or death; to provide for the composition of the Georgia State Indemnification Commission; to provide that such commission shall review decisions of the department relative to the approval or denial of claims for indemnification; to provide for a schedule of indemnification; to provide for the payment of claims; to provide for the appeal of decisions; to provide for restrictions; 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 Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to provide that the Department of Administrative Services shall be the custodian and administrator of the Georgia State Indemnification Fund; to define certain terms; to provide that the department shall approve or deny claims for indemnification for permanent disability or death; to provide for the composition of the Georgia State Indemnification Commission; 4218 JOURNAL OF THE SENATE to provide that such commission shall review decisions of the department relative to the approval or denial of claims for indemnification; to provide for a schedule of indemnification; to provide for the payment of claims; to provide for the appeal of decisions; to provide for claims for indemnification for temporary disability; to provide for restrictions; 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 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, is amended by revising Article 5, relating to law enforcement officers, firefighters, prison guards, and publicly employed emergency medical technicians, as follows: "ARTICLE 5 Part 1 45-9-81. As used in this part, the term: (1) 'Commission' means the Georgia State Indemnification Commission. (2) 'Department' means the Department of Administrative Services. (2)(3) 'Emergency management rescue specialist' means any person licensed as an emergency management rescue specialist pursuant to Code Section 38-3-36. (3)(4) 'Emergency medical technician' includes only persons who: (A) Are certified as emergency medical technicians, paramedics, or cardiac technicians under Chapter 11 of Title 31; and (B) Are employed in the capacity for which they are so certified by a department, agency, authority, or other instrumentality of state or local government. (4)(5)(A) 'Firefighter' or 'fireman' means any person who is employed as a professional firefighter on a full-time or part-time basis of at least 40 hours per week by any municipal, county, or state government fire department employing three or more firefighters and who has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and state fire prevention codes, enforcing any law pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. (B) 'Firefighter' or 'fireman' shall also mean any individual serving as an officially recognized or designated member of a legally organized volunteer fire department, or any employee of the Georgia Forestry Commission whose job duties include fire mitigation, who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. FRIDAY, APRIL 4, 2008 4219 (C) 'Firefighter' or 'fireman' shall also mean any individual employed by a person or corporation which has a contract with a municipal corporation or county to provide fire prevention and fire-fighting services to such municipal corporation or county and any such individual is employed on a full-time basis of at least 40 hours per week and has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal or county fire prevention codes, enforcing any municipal or county ordinances pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. (5)(6) 'In the line of duty' means: (A) With respect to an emergency medical technician or an emergency management rescue specialist, while on duty and when responding to or returning from an emergency or performing duties at the scene of an emergency or transporting a person to a medical facility for emergency treatment or returning therefrom; (B) With respect to a volunteer firefighter, while on duty and when responding to or returning from a fire or other emergency or performing duties during any fire or other emergency or performing duties intended to protect life and property including, without limitation, actual participation in a training exercise; (C) With respect to a law enforcement officer or firefighter, while on duty and performing services for and receiving compensation from the law enforcement and fire service agency which employs such officer or firefighter, while off duty when responding to any situation which would save a life or preserve the peace, or while preventing or attempting to prevent the commission of a crime or fire. A law enforcement officer or firefighter who is performing duties for and receiving compensation from a private employer at the time of such officers or firefighters death or bodily injury causing total permanent disability or partial permanent disability shall not be considered in the line of duty unless if the officer or firefighter has left the scope of his or her employment for the private employer for the direct purpose of enforcing or attempting to enforce fire service, the criminal or traffic laws, preserving or attempting to preserve public order, protecting or attempting to protect life or property, performing active state service as a member of the Georgia National Guard, preventing or attempting to prevent a crime, detecting or attempting to detect crime, or investigating or attempting to investigate crime. The determination that a law enforcement officer or firefighter was killed or permanently disabled in the line of duty and is entitled to indemnification pursuant to this part shall not be considered in the determination of the entitlement of such officer to workers compensation, disability, health, or other benefits from such officers or firefighters public or private employer is entitled to workers compensation benefits from the private employer or the private employers insurer; (D) With respect to a prison guard, while on duty and performing services for and receiving compensation from the public agency which employs such prison guard; or 4220 JOURNAL OF THE SENATE (E) With respect to a state highway employee, while on duty and performing any work necessary for the construction, maintenance, or operation of a roadway on or within the public roads of the state as defined in paragraph (24) of Code Section 321-3 when such employee is killed or permanently disabled as the result of working under hazardous conditions in close proximity to moving traffic or equipment. Such term shall not mean commuting to or from work or commuting to or from training. (6)(7) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, of this state, or an authority of this state or a political subdivision of this state who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws with the power of arrest and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions of supervision. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor. (8) 'Organic brain damage' means direct physical trauma to the brain which so affects the mental capacity as to preclude function productively in any employment. (9) 'Partial permanent disability' means disability due to: (A) Loss of the use of one eye or blindness in one eye with only light perception; (B) Loss of one hand; (C) Loss of one leg; or (D) Loss of a lower extremity or the residual effect of an organic disease or injury which so affects the functions of balance or propulsion as to preclude locomotion without the use of a wheelchair for all but very short distances. (7) 'Permanent disability' means disability due to: (A) Loss of both eyes or blindness in both eyes with only light perception; (B) Loss or loss of use of both hands; (C) Loss or loss of use of both legs; (D) Loss of a lower extremity or residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair; or (E) Organic brain damage resulting from direct physical trauma incurred after January 1, 1973, which so affects the mental capacity as to preclude ability to function productively in any employment. (8)(10) 'Prison guard' means any person employed by the state or any political subdivision thereof whose principal duties relate to the supervision and incarceration of persons accused or convicted of the violation of the criminal laws of this state or FRIDAY, APRIL 4, 2008 4221 any political subdivision thereof. Such term shall also mean any probation supervisor or parole officer who is required to be certified under Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and whose principal duties directly relate to the supervision of adult probationers or adult parolees. Such term also means any person employed by the state or any political subdivision thereof whose principal duties include the supervision of youth who are charged with or adjudicated for an act which if committed by adults would be considered a crime. (9)(11) 'State highway employee' means an employee of the Georgia Department of Transportation who receives compensation directly therefrom and regularly engages in duties necessary for the construction, maintenance, or operation of roadways on or within the public roads of this state as defined in paragraph (24) of Code Section 321-3. (12) 'Total permanent disability' means disability due to: (A) Loss of both eyes or blindness in both eyes with only light perception; (B) Loss or loss of use of both hands; (C) Loss or loss of use of both legs; (D) Loss of a lower extremity or the residual effect of an organic disease or injury which so affects the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair at all times; or (E) Organic brain damage. 45-9-82. (a) There is established a program to provide for indemnification with respect to the: (1) Death of any law enforcement officer, firefighter, or prison guard who is or has been killed in the line of duty subsequent to January 1, 1973; (2) Permanent disability of any law enforcement officer, firefighter, or prison guard who is or has been permanently disabled in the line of duty subsequent to January 1, 1973; (3) Death or permanent disability of any emergency medical technician who is killed or permanently disabled or who has been killed or permanently disabled in the line of duty subsequent to January 1, 1977; (4) Death or permanent disability of any emergency management rescue specialist who is killed or permanently disabled on or after January 1, 1991; and (5) Death or permanent disability of any state highway employee who is killed or permanently disabled in the line of duty on or after January 1, 1990. (b) Such program shall be administered by the Georgia State Indemnification Commission department, subject to review by the commission. 45-9-83. There is created the Georgia State Indemnification Commission which shall be composed of the Governor, the Secretary of State, the Commissioner of Insurance the executive director of the Peace Officer Standards and Training Council, the executive director of the Georgia Firefighter Standards and Training Council, the commissioner 4222 JOURNAL OF THE SENATE of public safety, the commissioner of transportation, the commissioner of corrections, the commissioner of human resources, the president of the Peace Officers Association of Georgia, and the president of the Georgia State Firemens Association one law enforcement officer who shall be a member of the Peace Officers Association of Georgia appointed by the Governor from a list of five candidates provided by such organization, and one firefighter who shall be a member of the Georgia State Firemens Association appointed by the Governor from a list of five candidates provided by such organization. The Governor shall be the chairperson of the commission and the commission shall be assigned to the Department of Administrative Services department for administrative purposes. The commission shall meet at least semiannually upon the call of the Governor. 45-9-84. The commission is authorized to promulgate rules and regulations relative to the program of indemnification. Such rules and regulations may provide for initial investigation of claims and the issuance of subpoenas to facilitate such investigation, special masters, hearings, procedures for applications for indemnification, and all other matters so as to enable the commission to carry out its duties fairly, properly, and equitably consider appeals of decisions of the department to correct errors made by the department in approving or denying any claim filed pursuant to this article. The commission may modify or override the decision of the department upon a showing of an error of material fact or an abuse of discretion. The chairman of department and the commission shall be authorized to contact other state agencies for the purpose of using the personnel and resources of such agencies to assist the commission in carrying out its duties. 45-9-84.1. There is created a fund to be known as the Georgia State Indemnification Fund. The custodian of the Georgia State Indemnification Fund shall be the Department of Administrative Services department. The Department of Administrative Services department shall administer the Georgia State Indemnification Fund and shall approve or deny claims for compensation filed pursuant to this article; provided, however, that any decision of the department shall be subject to review by the commission as provided in Code Section 45-9-84. Any amounts held by the Georgia State Indemnification Fund which are available for investment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Office of Treasury and Fiscal Services shall deposit such funds in a trust account for credit only to the Georgia State Indemnification Fund. The director of the Office of Treasury and Fiscal Services shall invest such funds subject to the limitations of Code Section 50-5A-7 and Chapter 17 of Title 50. All income derived from such investments shall accrue to the Georgia State Indemnification Fund. When moneys are paid over to the Office of Treasury and Fiscal Services, as provided in this Code section, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the FRIDAY, APRIL 4, 2008 4223 commissioner wishes to withdraw funds from the trust account provided for in this Code section, he or she shall submit a request for such withdrawal, in writing, to the director of the Office of Treasury and Fiscal Services. 45-9-84.2. The General Assembly is authorized to appropriate funds to be placed in the Georgia State Indemnification Fund for the purpose of providing for indemnification with respect to the death or disability of any law enforcement officer, firefighter, or prison guard who is or has been killed or permanently disabled in the line of duty subsequent to January 1, 1973, the death or disability of any emergency medical technician who is killed or permanently disabled or has been killed or permanently disabled in the line of duty subsequent to January 1, 1977, the death or disability of any emergency management rescue specialist who is killed or permanently disabled on or after January 1, 1991, and the death or disability of any state highway employee who is or has been killed or permanently disabled in the line of duty subsequent to January 1, 1990, as well as defraying the expenses and costs incurred by the department and the commission in the administration of this part. In addition, the Department of Administrative Services department is authorized to accept for deposit in the Georgia State Indemnification Fund any other funds from any other source. All funds appropriated to the Georgia State Indemnification Fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated and shall not lapse. 45-9-84.3. The Department of Administrative Services department is authorized, subject to the limitations contained in this part: (1) To pay the appropriate indemnification to the persons eligible for indemnification under this part or to the estate of such persons as provided in this part from the proceeds of the Georgia State Indemnification Fund; (2) To make such payments as may be necessary to defray the expenses and costs incurred by the department and the commission in administering this part; and (3) With the approval of the commission, to utilize the resources of the Georgia State Indemnification Fund to purchase insurance to provide for such indemnification. 45-9-85. (a) The indemnification shall be paid by the commission when a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, prison guard, or state highway employee who in the line of duty: (1) Is killed or receives bodily injury which results in death within 12 months thereafter, if such death does not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firefighters, emergency medical technicians, emergency management rescue specialists, prison guards, or state highway employees, and if such death is not the result of suicide and if such bodily injury is not intentionally 4224 JOURNAL OF THE SENATE self-inflicted; or (2) Is permanently disabled, if the permanent disability does not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firefighters, emergency medical technicians, emergency management rescue specialists, prison guards, or state highway employees, and if the permanent disability is not intentionally selfinflicted. (b)(1) Notwithstanding any provision of this part to the contrary, for any compensable claim filed on or after July 1, 2002, payment shall be made as follows: (A)(i) Except as otherwise provided by division (ii) of this subparagraph, in the case of permanent disability, the eligible disabled person pursuant to this part may elect payment of $75,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $75,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; or (ii) In the case of a state highway employee permanently disabled on or after January 1, 1990, the eligible disabled person pursuant to this article may elect payment of $25,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $25,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; and (B)(i) Except as otherwise provided in division (ii) of this subparagraph, in the case of death, payment shall be made to the estate of a person who is eligible for indemnification under this part as follows: the executor or administrator may elect payment of $75,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $75,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; or (ii) In the case of a state highway employee killed on or after January 1, 1990, payment shall be made to the estate of a person who is eligible for indemnification under this article as follows: the executor or administrator may elect payment of $25,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $25,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum. (2) With respect to law enforcement officers, firefighters, or prison guards who were killed prior to April 5, 1978, or who were permanently disabled prior to January 1, 1981, and who are entitled to indemnification under this part, payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled. (3) With respect to emergency medical technicians who were killed or permanently disabled prior to July 1, 1987, and who are entitled to indemnification under this part, payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled. (c) After determining that a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, prison guard, or state highway employee has been killed or permanently disabled in the line of duty and that he or she FRIDAY, APRIL 4, 2008 4225 or his or her estate beneficiary is entitled to indemnification under this part, the commission, within ten days after such determination, shall forward a certified copy of the order granting such payment, which order shall include the person to whom such payment shall be made and the method of payment, to the commissioner of administrative services who is authorized to make the appropriate payments from funds appropriated or otherwise made available for the purpose of carrying out this part. (a) Indemnification shall be paid under this article as follows: (1) In the case of a partial permanent disability suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, or prison guard, the eligible disabled person may elect payment of $35,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; (2) In the case of a partial permanent disability suffered in the line of duty by a state highway employee, the eligible person may elect to receive a payment of $12,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; (3) In the case of a total permanent disability suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, or prison guard, the injured person may elect to receive a payment of $75,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; (4) In the case of a total permanent disability suffered in the line of duty by a state highway employee, the eligible person may elect to receive a payment of $25,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; (5) In the case of death or organic brain damage suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management specialist, or prison guard, payment shall be made to the surviving unremarried spouse or the dependents of the spouse or deceased person as shown in his or her most recent tax return or to the legal guardian of the organically brain damaged person. The surviving unremarried spouse, dependents, or the legal guardian may elect to receive payment in a lump sum payment of $100,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; or (6) In the case of death or organic brain damage suffered in the line of duty by a state highway employee, payment shall be made to the surviving unremarried spouse or the dependents of the spouse or deceased person as shown in his or her most recent tax return or to the legal guardian of the organically brain damaged person. The 4226 JOURNAL OF THE SENATE surviving unremarried spouse, dependents, or the legal guardian may elect to receive payment in a lump sum payment of $40,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum. (b) After the department, or the commission upon review of a denial by the department, determines that a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, prison guard, or state highway employee has suffered a total permanent disability, a partial permanent disability, organic brain damage, or death in the line of duty, the department shall be authorized to make the appropriate payments as provided in subsection (a) of this Code section. (c) If the department denies a claim, any person seeking benefits pursuant to this part may appeal the departments decision to the commission. Any such appeal shall be filed with the commission within 60 days of receipt of the departments decision and shall identify the errors in the departments decision. Appeals shall be considered by the commission at the commissions semiannual meeting as provided in Code Section 45-9-84. 45-9-86. (a) An application for indemnification with respect to a claim filed on or after July 1, 2002, for total permanent disability or partial permanent disability of a law enforcement officer, firefighter, prison guard, emergency medical technician, emergency management rescue specialist, or state highway employee shall be submitted by that person unless the person is mentally incompetent, in which case the application may be made on such persons behalf by the parent, spouse, guardian, or other authorized individual his or her legal guardian. (b) An application for indemnification with respect to a claim filed on or after July 1, 2002, for the death of a law enforcement officer, firefighter, prison guard, emergency medical technician, emergency management rescue specialist, or state highway employee shall be submitted by the individual authorized to administer the estate or on behalf of the surviving unremarried spouse or dependents eligible under this part. (b) An application for indemnification relative to any law enforcement officer, firefighter, or prison guard killed in the line of duty subsequent to January 1, 1973, and prior to January 1, 1981, must be made prior to January 1, 1982. An application for indemnification relative to any law enforcement officer, firefighter, or prison guard killed in the line of duty on and after January 1, 1981, and prior to January 1, 1984, must be made prior to January 1, 1986. An application for indemnification relative to any law enforcement officer, firefighter, or prison guard killed in the line of duty on or after January 1, 1984, must be made within 24 months from the death of such law enforcement officer, firefighter, or prison guard. (c) An application for indemnification relative to any law enforcement officer, firefighter, or prison guard permanently disabled in the line of duty subsequent to January 1, 1973, and prior to January 1, 1979, must be made prior to January 1, 1989. An application for indemnification relative to any law enforcement officer, firefighter, FRIDAY, APRIL 4, 2008 4227 or prison guard permanently disabled in the line of duty subsequent to January 1, 1979, and prior to January 1, 1980, must be made prior to January 1, 1982. An application for indemnification relative to any law enforcement officer, firefighter, or prison guard permanently disabled in the line of duty on and after January 1, 1980, and prior to January 1, 1984, must be made prior to January 1, 1992. An application for indemnification relative to a permanent disability occurring on or after January 1, 1984, must be made within 24 months of the date the permanent disability occurred. (d) An application for indemnification with respect to the death or permanent disability of an emergency medical technician who was killed or permanently disabled subsequent to January 1, 1977, and prior to January 1, 1987, must be made prior to January 1, 1989. An application for indemnification with respect to the death or permanent disability of an emergency medical technician who is killed or permanently disabled in the line of duty on or after January 1, 1987, must be made within 24 months after the date of death or disability. (e)(c) An application for indemnification with respect to the death, organic brain damage, total permanent disability, or partial permanent disability of an emergency management rescue specialist who is killed or permanently disabled in the line of duty on or after January 1, 1991, must be made within 24 months after the date of the incident giving rise to the death, organic brain damage, or disability. (f) An application for indemnification with respect to the death or permanent disability of a member of the Georgia National Guard included in the definition of a law enforcement officer pursuant to paragraph (6) of Code Section 45-9-81 who is killed or permanently disabled in the line of duty while in active state service on or after July 1, 1995, must be made within 24 months after the date of the death or disability. (g)(1) An application for indemnification with respect to the death or permanent disability of a state highway employee who is killed or permanently disabled in the line of duty on or after January 1, 1990, and prior to July 1, 2002, must be made prior to July 1, 2004. (2) An application for indemnification with respect to the death or permanent disability of a state highway employee who is killed or permanently disabled in the line of duty on or after July 1, 2002, must be made within 24 months after the date of the death or disability. 45-9-86.1. An application for indemnification relative to any part-time law enforcement officer killed in the line of duty subsequent to January 1, 1973, and prior to March 24, 1981, must be made no later than 12 months after March 24, 1981. An application for indemnification relative to any part-time law enforcement officer killed in the line of duty on or after March 24, 1981, must be made within 12 months after the death of such part-time law enforcement officer. 45-9-86.2. An application for indemnification relative to any law enforcement officer, firefighter, 4228 JOURNAL OF THE SENATE or prison guard permanently disabled as a result of organic brain damage subsequent to January 1, 1979, and prior to January 1, 1983, must be made prior to January 1, 1984. 45-9-87. Reserved. 45-9-88. 45-9-87. It is the intent of the General Assembly that indemnification paid pursuant to this part shall not be taxable within this state for any purpose. 45-9-89. 45-9-88. (a) No indemnification shall be awarded to any person otherwise entitled thereto who violates a penal law of this state which violation caused or contributed to the death or disability of the officer. (b) Notwithstanding any other provision of this article, no payment shall be authorized if death, organic brain damage, total permanent disability, or partial permanent disability occurs from suicide, intentionally self-inflicted injuries, natural causes, or the performance of routine duties which would not be considered strenuous or dangerous by a reasonable person; provided, however, that this subsection shall not preclude the department or the commission from considering competent, independent medical evidence as to whether a heart attack that occurs shortly after fighting a fire was caused by the strain of fighting the fire. 45-9-90. 45-9-89. The commission shall annually file a report of its activities with the General Assembly, which report shall include the amount of funds paid under the program of indemnification. It shall also include a copy of each order providing for payment or a summary of each such order giving all pertinent details. 45-9-91. 45-9-90. (a) Any person who shall knowingly give false information or false testimony causing or intended to cause the payment of indemnification which would not otherwise be justified under this part shall be guilty of a misdemeanor. (b) Any such person convicted under subsection (a) of this Code section shall be liable to the state for any funds paid as a result of such false information or testimony. 45-9-100. Reserved. Part 2 45-9-101. 45-9-100. The purpose of this part is to implement the constitutional amendment ratified November 7, 2000, authorizing the General Assembly to provide a program of FRIDAY, APRIL 4, 2008 4229 compensation for law enforcement officers who become physically disabled, but not permanently disabled, as a result of physical injury incurred in the line of duty and caused by a willful act of violence and for firefighters who become physically disabled, but not permanently disabled, as a result of physical injury incurred in the line of duty while fighting a fire, which program shall entitle an injured law enforcement officer or firefighter to receive monthly compensation from the state in an amount equal to such persons regular compensation for the period of time that the law enforcement officer or firefighter is physically unable to perform the duties of his or her employment, not exceeding 12 months, and to provide certain exceptions and limitations with respect to such program of compensation. 45-9-102. 45-9-101. As used in this part, the term: (1) 'Commission' means the Georgia State Indemnification Commission created in Code Section 45-9-83. (2) 'Department' means the Department of Administrative Services. (2)(3) 'Firefighter' or 'fireman' means: (A) Any person who is employed as a professional firefighter on a full-time or parttime basis by any municipal, county, or state government fire department certified in writing by the Georgia Firefighter Standards and Training Council pursuant to Code Section 25-3-22 employing three or more firefighters and who has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and state fire prevention codes, enforcing any law pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property; or (B) Any individual serving as an officially recognized or designated member of a legally organized volunteer fire department certified in writing by the Georgia Firefighter Standards and Training Council pursuant to Code Section 25-3-22 who performs any acts or actions while on duty and when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property.; or (C) Any employee at the Georgia Forestry Commission whose job duties include fire mitigation. (3)(4) 'Full-time' means an employee who regularly works 30 hours or more each week. (4)(5) 'In the line of duty' means: (A) With respect to a volunteer firefighter, while on duty and performing duties during any fire or other emergency or performing duties intended to protect life and property; or (B) With respect to a law enforcement officer or firefighter, while on duty and performing services for and receiving compensation from the law enforcement or fire service agency which employs such officer or firefighter, while off duty and 4230 JOURNAL OF THE SENATE responding to any situation which would save a life or preserve the peace, or while preventing or attempting to prevent the commission of a crime or fire. A law enforcement officer or firefighter who is performing duties for and receiving compensation from a private employer at the time of such officers or firefighters bodily injury, but not permanent disability, shall not be considered in the line of duty unless if the officer or firefighter has left the scope of his or her employment for the private employer for the direct purpose of enforcing or attempting to enforce fire service, the criminal or traffic laws, preserving or attempting to preserve public order, protecting or attempting to protect life or property, preventing or attempting to prevent a crime, detecting or attempting to detect crime, or investigating or attempting to investigate crime. The determination that a law enforcement officer or firefighter was disabled in the line of duty and is entitled to compensation pursuant to this part shall not be considered in the determination of the entitlement of such officer to workers compensation, disability, health, or other benefits from such officers or firefighters public or private employer is entitled to workers compensation benefits from the private employer or the private employers insurer. (5)(6) 'Injured in the line of duty' means an injury which arises out of or in the course of employment in the line of duty; or, with respect to a firefighter of a legally organized volunteer fire department, such term means an injury while on duty and when responding to a fire or emergency with the volunteer fire department during any fire or other emergency or while performing duties intended to protect life and property. Going to or from work shall not be considered in the line of duty; and going to a legally organized volunteer fire department to begin a service of duty or traveling from such a fire department after duties have been completed or traveling from the scene of a fire, emergency, or other location where duties were being performed and have been completed shall not be considered in the line of duty. (6)(7) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes prison guards as defined under Code Section 45-9-81 and the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions of supervision. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor. (8) 'Volunteer firefighter' means a person who is appointed and regularly enrolled as a volunteer with a legally organized fire department; who, as a volunteer firefighter, has and primarily performs the principal responsibility of preventing or suppressing FRIDAY, APRIL 4, 2008 4231 fires; and who satisfies the requirements specified in subparagraph (a)(1)(D) of Code Section 25-3-23. 45-9-103. 45-9-102. (a) Any law enforcement officer who becomes physically disabled, but not permanently disabled, on or subsequent to July 1, 2001, as a result of a physical injury incurred in the line of duty and caused by a willful act of violence committed by a person other than a fellow employee shall be entitled to receive compensation as provided in this Code section. Any firefighter who becomes physically disabled, but not permanently disabled, on or subsequent to July 1, 2001, as a result of a physical injury incurred in the line of duty while fighting a fire shall be entitled to receive compensation as provided in this Code section. The compensation shall be paid to eligible applicants by the commission from funds appropriated to the commission for such purpose. (b) Except as otherwise provided in this part, any law enforcement officer or firefighter injured in the line of duty as provided in subsection (a) of this Code section shall receive monthly compensation from the commission department in an amount equal to such persons regular compensation for the period of time that the law enforcement officer or firefighter is physically unable to perform the duties of his or her employment; provided, however, that such benefits provided pursuant to this Code section for injuries resulting from a single incident shall not be granted for more than a total of 12 months. For purposes of this subsection, the regular compensation of a volunteer firefighter covered under subparagraph (2)(B) of Code Section 45-9-102 459-101 shall be deemed to be the Georgia average weekly earnings of production workers in manufacturing industries for the immediately preceding calendar year as published by the Georgia Department of Labor. A law enforcement officer or firefighter shall be required to submit to the commission department satisfactory evidence of such disability. A volunteer firefighter shall not be considered disabled once he or she is able to perform the duties of his or her regular employment or equivalent thereof. (c) Benefits made available under this Code section shall be subordinate to any workers compensation benefits, disability and other compensation benefits from the persons employer which the law enforcement officer or firefighter is awarded and shall be limited to the difference between the amount of workers compensation benefits and other compensation benefits actually paid and the amount of the law enforcement officers or firefighters regular compensation; provided, however, that benefits shall never exceed the persons regular compensation minus the maximum weekly workers compensation benefit level for that person whether or not workers compensation is available. For the purposes of this subsection, the regular compensation of a firefighter covered under subparagraph (2)(B) of Code Section 45-9-102 shall be deemed to be the Georgia average weekly earnings of production workers in manufacturing industries for the immediately preceding calendar year as published by the Georgia Department of Labor. 4232 JOURNAL OF THE SENATE (d) A law enforcement officer or firefighter who collects benefits pursuant to this Code section shall not be entitled to any benefits under Code Section 45-7-9. (e) A law enforcement officer or firefighter who is disabled and who receives indemnification under Part 1 of this article as a result of an incident shall not be entitled to any compensation under this Code section for the disability resulting from the same incident. A law enforcement officer or firefighter who initially receives benefits under this Code section but who is determined subsequently to be entitled to benefits under Part 1 of this article with respect to the same incident or whose beneficiary is determined subsequently to be entitled to benefits under Part 1 of this article shall be entitled only to the amount equal to the benefits to which the person would be entitled under Part 1 reduced by the total amount of benefits received under this Code section. (f) After the department, or the commission upon review of a denial by the department, determines that a law enforcement officer has been temporarily disabled due to a willful act of violence or that a firefighter has been temporarily disabled while fighting a fire and is entitled to indemnification under this part, the department shall be authorized to make the appropriate payments to the temporarily disabled law enforcement officer or firefighter. (g) If the department denies a claim, any person seeking benefits pursuant to this part may appeal the departments decision to the commission. Any such appeal shall be filed with the commission within 60 days of receipt of the departments decision and shall identify the errors in the departments decision. Appeals shall be considered by the commission at the commissions semiannual meeting as provided in Code Section 45-9-84. 45-9-104. 45-9-103. (a) An application for compensation with respect to a claim filed on or after July 1, 2001, for the temporary disability of a law enforcement officer or firefighter shall be submitted by that person within 60 days from the date of the incident resulting in disability. (b) The commission is authorized to promulgate rules and regulations relative to the program of compensation provided in this part. Such rules and regulations may provide for initial investigation of claims and the issuance of subpoenas to facilitate such investigation, special masters, hearings, procedures for applications for compensation, and all other matters so as to enable the commission to carry out its duties fairly, properly, and equitably. The chairperson of the commission shall be authorized to contact other state agencies for the purpose of using the personnel and resources of such agencies to assist the commission in carrying out its duties. 45-9-105. 45-9-104. (a) No compensation shall be awarded to any person otherwise entitled thereto who violates a penal law of this state which violation caused or contributed to the disability of the law enforcement officer or firefighter. (b) Notwithstanding any other provision of this article, no payment shall be authorized FRIDAY, APRIL 4, 2008 4233 if disability occurs from intentionally self-inflicted injuries or natural causes or while performing routine duties which would not be strenuous or dangerous if performed by persons of average physical abilities. 45-9-106. 45-9-105. (a) Any person who shall knowingly give false information or false testimony causing or intending to cause the payment of compensation which would not otherwise be justified under this part shall be guilty of a misdemeanor. (b) Any such person convicted under subsection (a) of this Code section shall be liable to the state for any funds paid as a result of such false information or testimony." SECTION 2. This Act shall become effective on July 1, 2008, and shall apply to all incidents occurring on or after that date. SECTION 3. 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 254. On the motion, a roll call was taken and the vote was as follows: Y Adelman C Balfour Y Brown Y Bulloch Y Butler Carter Y Chance E Chapman Y Cowsert Y Davenport Y Douglas Fort Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Me V Bremen (PRS) Y Moody C Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 254. 4234 JOURNAL OF THE SENATE The President resumed the Chair. The following Senators were excused for business outside the Senate Chamber: Hill of the 32nd Johnson of the 1st Smith of the 52nd The following bill was taken up to consider House action thereto: SB 366. By Senators Grant of the 25th, Hamrick of the 30th, Bulloch of the 11th, Hill of the 4th and Goggans of the 7th: A BILL to be entitled an Act to amend Code Section 42-5-18 of the Official Code of Georgia Annotated, relating to giving weapons, intoxicants, drugs, or other items to inmates without the consent of the warden or superintendent, so as to prohibit inmates from receiving or possessing telecommunications devices; to establish that providing a telecommunications device to an inmate and possession of such device by an inmate shall be a felony; to provide a definition; 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 42-5-18 of the Official Code of Georgia Annotated, relating to giving weapons, intoxicants, drugs, or other items to inmates without the consent of the warden or superintendent, so as to prohibit inmates from receiving or possessing telecommunications devices; to establish that providing a telecommunications device to an inmate and possession of such device by an inmate shall be a felony; to provide for a misdemeanor penalty under certain circumstances; to provide definitions; to add penalties for violation of the provisions; to amend Code Section 42-5-19 of the Official Code of Georgia Annotated, relating to the penalties for violating Code Sections 42-5-16, 42-517, and 42-5-18, so as to remove certain penalties; to amend Chapter 11 of Title 16 and Code Section 42-5-63 of the Official Code of Georgia Annotated, relating to offenses against public order and unauthorized possession of a weapon by an inmate, respectively, so as to prohibit inmates from possessing knuckles made from materials in addition to metal, such as thermoplastic, wood, and other similar materials, and to change other provisions consistent with such additional restriction; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: FRIDAY, APRIL 4, 2008 4235 SECTION 1. Code Section 42-5-18 of the Official Code of Georgia Annotated, relating to giving weapons, intoxicants, drugs, or other items to inmates without the consent of the warden or superintendent, is revised in its entirety as follows: "42-5-18. (a) As used in this Code section, the term: (1) 'Inmate' means a prisoner, detainee, criminal suspect, immigration detainee, or other person held, incarcerated, or detained in a place of incarceration. (2) 'Place of incarceration' means any prison, probation detention center, jail, or institution, including any state, federal, local, or privately operated facility, used for the purpose of incarcerating criminals or detainees. (3) 'Telecommunications device' means a device, an apparatus associated with a device, or a component of a device that enables, or may be used to enable, communication with a person outside a place of incarceration, including a telephone, cellular telephone, personal digital assistant, transmitting radio, or computer connected or capable of being connected to a computer network, by wireless or other technology, or otherwise capable of communicating with a person or device outside of a place of incarceration. (4) 'Warden or superintendent' shall mean the commissioner or any warden, superintendent, sheriff, chief jailor, or other person who is responsible for the overall management and operation of a place of incarceration. (b) It shall be unlawful for any person to obtain for, to procure for, or to give to an inmate a gun, pistol, or any other weapon; any intoxicating liquor; amphetamines, biphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount; any telecommunications device; or any other article or item without the authorization of the warden or superintendent or his or her designee. (c) It shall be unlawful for an inmate to possess a gun, pistol, or any other weapon; any intoxicating liquor; amphetamines, biphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount; a telecommunications device; or any other item without the authorization of the warden or superintendent or his or her designee. (d) A person who commits or attempts to commit a violation of this Code section shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years; provided, however, if a person violates this Code section while being held pursuant to an arrest or conviction for a misdemeanor offense, the possession of a telecommunications device in violation of this Code section shall be treated as a misdemeanor." SECTION 2. Code Section 42-5-19 of the Official Code of Georgia Annotated, relating to the penalties for violating Code Sections 42-5-16, 42-5-17, and 42-5-18, is amended as follows: "42-5-19. Any person who violates Code Section 42-5-16, or 42-5-17, or 42-5-18 shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor 4236 JOURNAL OF THE SENATE more than five years." SECTION 3. Chapter 11 of Title 16 and Code Section 42-5-63 of the Official Code of Georgia Annotated, relating to offenses against public order and unauthorized possession of a weapon by an inmate, respectively, are amended by replacing the terms "metal knuckles" and "metal knucks" with "knuckles whether made from metal, thermoplastic, wood, or other similar material" wherever the former terms shall appear in: (1) Code Section 16-11-34.1, relating to preventing or disrupting General Assembly sessions or other meetings of members, unlawful activities within the state capitol or certain state buildings; (2) Code Section 16-11-101, relating to furnishing metal knuckles or a knife to a person under the age of 18 years; (3) Code Section 16-11-126, relating to carrying a concealed weapon; (4) Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property; and (5) Code Section 42-5-63, relating to unauthorized possession of a weapon by an inmate. SECTION 4. 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 366. 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Heath Henson Y Hill,Jack C Hill,Judson Y Hooks Y Hudgens Jackson E Johnson Y Jones Y Me V Bremen Y Moody C Mullis Y Murphy Orrock Y Pearson Y Powell Y Schaefer C Seabaugh Y Seay Y Shafer,D C Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman Y Weber FRIDAY, APRIL 4, 2008 4237 Y Harbison Y Harp Y Hawkins Y Ramsey Y Reed Y Rogers Y Wiles Y Williams On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 366. The following bill was taken up to consider the Conference Committee Report thereto: SB 154. By Senators Murphy of the 27th, Pearson of the 51st, Johnson of the 1st, Rogers of the 21st, Shafer of the 48th and others: A BILL to be entitled an Act to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable only to municipal corporations, so as to provide that municipal corporations and newly incorporated municipalities enter into certain agreements with solid waste collection firms providing services for the territory annexed or incorporated; to provide for related matters; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on SB 154 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 154 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Murphy of the 27th /s/ Senator Pearson of the 51st /s/ Senator Cowsert of the 46th /s/ Representative Mills of the 25th /s/ Representative Knox of the 24th /s/ Representative Jones of the 46th COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 154 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 require that certain contracts shall be honored by municipalities or other government entities; to provide for definitions; to provide for certain restrictions on certain actions taken by local governments; to place certain requirements on solid waste 4238 JOURNAL OF THE SENATE collection firms; to provide for additional requirements regarding certain excess funds of special districts divided into noncontiguous areas; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new Code section to read as follows: "36-80-22. (a) As used in this Code section, the term: (1) 'Agreement' means any written private contract for solid waste collection services between a firm and any commercial client. (2) 'Commercial client' means any private, nonresidential business entity or person required to have a business license who contracts with a firm for solid waste collection services. (3) 'Displacement' means the displacing of any firms agreement by annexation, deannexation, or incorporation of a municipality. (4) 'Firm' means a private solid waste collection firm. (5) 'Governmental action' means the invalidation of any firms existing agreement by a local government by a law, rule, or regulation, provided that such law, rule, or regulation is not enacted pursuant to an emergency as declared by the governing authority of the local government. (6) 'Local government' means a county, municipal corporation, or any countymunicipal consolidated government. (b) Prior to a firm receiving any protection under this Code section, the firm shall first establish that at least 30 days prior to the effective date of any governmental action or displacement, the firm is providing solid waste collection services in the county or municipality pursuant to an agreement. (c) A firms agreement with a private commercial entity or person that meets the requirements of subsection (b) of this Code section shall not be invalidated by any governmental action or displacement. This subsection shall not prevent commercial clients from discontinuing an agreement with a firm pursuant to the terms of any agreement such commercial client may have with a firm. (d) Notwithstanding the provisions of this Code section, in order to protect the public health and safety, a local government shall have the authority to adopt local laws, rules, or regulations establishing standards and procedures for the collection and disposal of solid waste and recyclables generated by a commercial client." SECTION 2. Said title is further amended in Code Section 36-31-12, relating to special districts divided into noncontiguous areas, by revising subsection (b) as follows: "(b)(1) When a municipal corporation is created by local Act within a county which FRIDAY, APRIL 4, 2008 4239 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. (2) If, on the effective date of this paragraph: (A) Excess proceeds remain following the expenditure required under paragraph (1) of this subsection; and (B) All of the area within the special district shall have become incorporated within one or more municipalities, then the excess proceeds shall be disbursed within 60 days to the governing authority of each municipality which has incorporated any portion of the area of the special district. The amount of proceeds to be disbursed to each municipality shall be determined on a pro rata basis using as a denominator the total value of all tax parcels within the special district and as a numerator the total value of all tax parcels which were incorporated within each municipality. (3) If, on the effective date of this paragraph: (A) Excess proceeds remain from the collection of any special district taxes, fees, and assessments; and (B) A new municipality shall have been created from within such special district such that the special district shall have been diminished in size but not all of the special district shall have been incorporated within one or more municipalities, then the excess proceeds shall be disbursed within 60 days to the governing authority of each municipality which has incorporated any portion of the area of the special district. The amount of proceeds to be disbursed to each municipality shall be determined on a pro rata basis using as a denominator the total value of all tax parcels within the special district and as a numerator the total value of all tax parcels which were incorporated within each municipality." 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 Murphy of the 27th moved that the Senate adopt the Conference Committee Report on SB 154. On the motion, a roll call was taken, and the vote was as follows: 4240 JOURNAL OF THE SENATE Y Adelman C Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Y Jones Y Me V Bremen Y Moody C Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer C Seabaugh Y Seay Y Shafer,D C Smith Y Staton C Stoner Y Tarver N Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman N Weber Y Wiles Y Williams On the motion, the yeas were 43, nays 3; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 154. The following bill was taken up to consider House action thereto: SB 425. By Senator Grant of the 25th: A BILL to be entitled an Act to amend Chapter 9 of Title 45 of the O.C.G.A., relating to insuring and indemnification, so as to amend certain provisions pertaining to providing insurance coverage by the commissioner of administrative services; to authorize the Department of Administrative Services to establish incentive programs including differential premium rates and deductibles based on loss histories of state agencies, institutions, and authorities, and such entities participation in loss control programs; to provide for definitions; to repeal provisions relating to employee operation of state motor vehicles; 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 FRIDAY, APRIL 4, 2008 4241 To amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification, so as to amend certain provisions pertaining to providing insurance coverage by the commissioner of administrative services; to authorize the Department of Administrative Services to establish incentive programs including differential premium rates and deductibles based on loss histories of state agencies, institutions, and authorities, and such entities participation in loss control programs; to provide for definitions; to repeal provisions relating to employee operation of state motor vehicles; to amend Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services, so as to authorize the commissioner of administrative services to establish incentive programs; to establish a return to work program; to provide for premiums, deductibles, and penalties for state entities; to amend Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, so as to authorize the Department of Administrative Services to establish incentive programs including differential premium rates and deductibles based on loss histories of state agencies, institutions, and authorities, and such entities participation in loss control programs; to amend Code Section 50-21-33, relating to liability insurance or self-insurance programs and additional coverages, so as to authorize the Department of Administrative Services to establish incentive programs including differential premium rates and deductibles based on loss histories of state agencies, institutions, and authorities, and such entities participation in loss control programs; to provide for the deposit of funds collected from state entities; 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 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification, is amended by revising subsection (a) of Code Section 45-9-4, relating to the commissioner of administrative services purchasing insurance or entering into indemnity contracts, as follows: "(a) When the commissioner of administrative services determines that an adequate number of agencies, boards, bureaus, commissions, departments, or authorities of this state have requested the commissioner to do so, the commissioner shall have the authority to purchase policies of liability insurance, reinsurance, or contracts of indemnity insuring or indemnifying the officers, officials, or employees of such agencies, boards, bureaus, commissions, departments, or authorities against personal liability for damages arising out of the performance of their duties or in any way connected therewith, under a master policy or on a blanket coverage basis with or without deductibles or excess coverage. The commissioner may provide for endorsements for contractual liability and, where necessary or convenient to the public functions of the state, the commissioner may also provide for additional insureds. In such event, the commissioner may alternatively retain all moneys paid to the Department of Administrative Services as premiums on such policies of liability 4242 JOURNAL OF THE SENATE insurance or contracts of indemnity, all moneys received as interest, and all moneys received from other sources to set up and maintain a reserve fund for the payment of such liability under, and the expenses necessary to administer properly, a self-insurance program. If the commissioner decides to institute a self-insurance program, the commissioner shall establish and maintain a reserve fund for the payment of liabilities arising out of claims against officers, officials, and employees of the state and for any additional insureds. The commissioner shall also charge to state entities such premiums, deductibles, and other payments taking into account any direct appropriations as shall be necessary to maintain the soundness of the insurance or selfinsurance programs established under this Code section. The commissioner is further authorized to establish incentive programs, including differential premium rates based on participation in loss control programs established by the department, increased or decreased deductibles based on participation in loss control programs established by the department, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department is authorized to deduct any unpaid amounts from the nonpaying agencys or authoritys continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the liability trust fund provided for in this Code section. Any amounts held by the commissioner which are available for investment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Office of Treasury and Fiscal Services shall deposit such funds in a trust account for credit only to the self-insurance program. The director of the Office of Treasury and Fiscal Services shall invest these funds subject to the limitations of Code Section 50-5A-7 and Chapter 17 of Title 50. All income derived from such investments shall accrue to the self-insurance program. When moneys are paid over to the Office of Treasury and Fiscal Services, as provided in this subsection, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner wishes to withdraw funds from the trust account provided for in this Code section, he or she shall submit a request for such withdrawal, in writing, to the director of the Office of Treasury and Fiscal Services." SECTION 2. Said chapter is further amended by revising Code Section 45-9-4, relating to the commissioner of administrative services purchasing insurance or entering into indemnity contracts, by adding a new subsection as follows: "(g) The policy of insurance provided for in this Code section may also provide liability coverage to nonprofit agencies and their employees, which agencies have contracted with the Department of Juvenile Justice, the Department of Transportation, or the Department of Human Resources to furnish certain services; provided, however, that such liability coverage shall be limited to damages arising out of the authorized use of a state-owned vehicle or a vehicle funded pursuant to subsection (a) of Code Section 49-2-13.1 by an employee of such nonprofit agency during the course of such persons employment with such nonprofit agency and the cost of such insurance furnished to any such nonprofit agency and its employees shall be allocated to and paid by such agency FRIDAY, APRIL 4, 2008 4243 before any coverage shall be effective. For the purpose of this Code section, 'nonprofit agency' means any nonprofit or charitable organization, association, corporation, partnership, or other entity registered pursuant to Section 501(c)(3) of the Internal Revenue Code." SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 45-9-4.2, relating to liability coverage for nonprofit agencies providing services to the mentally retarded, as follows: "(a) For the purposes of this Code section, the term 'nonprofit agency' means a nonprofit or charitable organization, association, corporation, partnership, or other entity registered pursuant to Section 501(c)(3) of the Internal Revenue Code." SECTION 4. Said chapter is further amended by repealing Article 3, relating to the operation of state motor vehicles by employees, and designating said article as reserved. SECTION 5. Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services, is amended by revising Code Section 50-5-12, relating to the formulation of a self-insurance program for workers compensation for state employees, as follows: "50-5-12. The Department of Administrative Services shall formulate and initiate a sound program of self-insurance for workers compensation benefits for all employees of the state, including employees of authorities. In formulating the self-insurance program, the department is directed to establish a return to work program that promotes the return of an employee to employment by creating transitional employment prior to full recovery by providing temporary assignments for an employee that are meaningful and medically approved until the employee can return to his or her regularly assigned duties. If an agency or authority does not allow an employee to engage in transitional employment under the return to work program, the number of authorized positions in the budget for the agency or authority shall be decreased by the number of employees collecting workers compensation not engaged in return to work employment for whom return to work plans have been developed." SECTION 6. Said chapter is further amended by revising Code Section 50-5-13, relating to the extent, amounts, reserves, and excess coverage for a self-insurance program, as follows: "50-5-13. The department shall determine the amount and extent of self-insurance which the state can assume, the necessary reserves needed, the premiums to be charged and any deductibles to be paid by agencies and authorities, the amount of benefits to be paid 4244 JOURNAL OF THE SENATE within the scope of the workers compensation statutes, and type of addition or excess insurance coverage that may be required. The department is further authorized to establish incentive programs including differential premium rates based on participation in loss control programs established by the department, increased or decreased deductibles based on participation in loss control programs established by the department, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department is authorized to deduct any unpaid amounts from the nonpaying agencys or authoritys continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the workers compensation trust fund provided for in Code Section 50-5-14." SECTION 7. Said chapter is further amended by revising subsection (b) of Code Section 50-5-16, relating to liability insurance and self-insurance for state authorities, as follows: "(b) State funds may be appropriated for the program, but the commissioner shall charge such premiums, deductibles, and other payments as the commissioner determines necessary or useful. The commissioner is further authorized to establish incentive programs including differential premium rates based on participation in loss control programs established by the department, increased or decreased deductibles based on participation in loss control programs established by the department, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department is authorized to deduct any unpaid amounts from the nonpaying agencys or authoritys continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the reserve fund provided for in this Code section. From the funds available to the commissioner, the commissioner shall establish such reserves as the commissioner determines necessary, purchase commercial policies, employ consultants, and otherwise administer the program. Any amounts held by the liability insurance or self-insurance funds which are available for investment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Office of Treasury and Fiscal Services shall deposit such funds in trust accounts for credit only to the liability insurance and self-insurance funds. The director of the Office of Treasury and Fiscal Services shall invest the liability insurance and self-insurance funds subject to the limitations of Code Section 50-5A-7 and Chapter 17 of this title. All income derived from such investments shall accrue to the liability insurance and self-insurance funds. When moneys are paid over to the Office of Treasury and Fiscal Services, as provided in this Code section, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner wishes to withdraw funds from the trust account provided for in this Code section, he or she shall submit a request for such withdrawal, in writing, to the director of the Office of Treasury and Fiscal Services." SECTION 8. Said chapter is further amended by revising paragraph (6) of Code Section 50-5-51, FRIDAY, APRIL 4, 2008 4245 relating to the power, authority, and duty of the Department of Administrative Services, as follows: "(6) To procure all fidelity bonds covering state officials and employees required by law or administrative directive to give such bonds; and, in order to provide the bonds at a minimum expense to the state, the bonds may be procured under a master policy or policies providing insurance agreements on a group or blanket coverage basis with or without deductibles or excess coverage over the states retention as determined by the commissioner. Fidelity bonds covering state officials and employees which are procured pursuant to this paragraph shall expressly provide that all state officials and employees who are required by law to be bonded be named in the fidelity bond as insureds or beneficiaries under the terms of the fidelity bond. Inclusion of any state official, officer, or employee required by law or administrative directive to be specifically bonded in a master fidelity bond under the terms of this part shall satisfy any statutory requirement that the official, officer, or employee be bonded. Fidelity bonds procured pursuant to this paragraph shall also expressly provide for indemnification, out of the proceeds of the fidelity bonds, of all state officials and employees for any liability or expense of any nature resulting from a claim on the state officials or employees bonds which is due to or as a result of an act of a subordinate of the state official or employee. In order to finance the continuing liability established with other agencies of state government, the commissioner is authorized to retain all moneys paid to the department as premiums on policies of insurance, all moneys received as interest, and all moneys received from other sources to set up and maintain a reserve for the payment of such liability and the expenses necessary to administer properly the insurance program. The commissioner is further authorized to establish incentive programs including differential premium rates based on participation in loss control programs established by the department, increased or decreased deductibles based on participation in loss control programs established by the department, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department is authorized to deduct any unpaid amounts from the nonpaying agencys or authoritys continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the reserve fund provided for in this Code section. The commissioner shall invest the moneys in the same manner as other such moneys in his or her possession;" SECTION 9. Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, is amended by revising Code Section 50-16-9, relating to the formulation of a self-insurance plan for the states properties, as follows: "50-16-9. (a) The Department of Administrative Services may formulate and initiate a plan of self-insurance for the states properties. The department shall cause: (1) A complete appraisal to be made of all the states insurable property as to value; (2) A complete classification to be made of all the states insurable property by type 4246 JOURNAL OF THE SENATE of risk; and (3) A determination and recommendation to be made of the amount and extent of self-insurance which the state can assume, the necessary reserves needed, the minimum claim to be paid on each risk, and the type of additional or excess insurance coverage that may be required, the premiums to be charged, and any deductibles to be paid by state agencies and authorities. (b) The department is further authorized to establish incentive programs, including differential premium rates based on participation in loss control programs established by the department, increased or decreased deductibles based on participation in loss control programs established by the department, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department is authorized to deduct any unpaid amounts from the nonpaying agencys or authoritys continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the state insurance and hazard reserve fund provided for in this chapter. (c) Upon the formulation of a plan of self-insurance based on the foregoing determinations made and submitted by the Department of Administrative Services, the Governor, by executive order, may establish and effectuate a plan of self-insurance; and the General Assembly from time to time shall provide and maintain by appropriation an insurance reserve fund." SECTION 10. Said chapter is further amended by repealing Code Section 50-16-10, relating to the formulation of a self-insurance plan for public school buildings, and designating said Code section as reserved. SECTION 11. Said chapter is further amended by revising Code Section 50-16-11, relating to employment of personnel to carry out self-insurance plans, as follows: "50-16-11. The Department of Administrative Services is authorized and empowered to employ, as a regular member of its staff, a person persons with expert knowledge, training, and experience in underwriting and planning and such other personnel, including temporary professional insurance engineers and actuaries, as are necessary to carry out the details provided in Code Sections Section 50-16-9 and 50-16-10." SECTION 12. Code Section 50-21-33, relating to liability insurance or self-insurance programs and additional coverages, is amended by revising subsection (d) as follows: "(d) The Department of Administrative Services shall establish and charge to state government entities such premiums, deductibles, and other payments, taking into account any direct appropriations as shall be necessary to maintain the soundness of the insurance or self-insurance programs established under this Code section. The FRIDAY, APRIL 4, 2008 4247 premiums and deductibles charged to each state government entity may be established on such basis as the Department of Administrative Services shall deem appropriate and such basis may include the number of employees, the aggregate annual budget of the state government entity, and unique exposures, loss history, or claims pending against such state government entity. The department is further authorized to establish incentive programs including but not limited to differential premium rates based on participation in loss control programs established by the department, increased or decreased deductibles based on participation in loss control programs established by the department, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department is authorized to deduct any unpaid amounts from the nonpaying agencys or authoritys continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the State Tort Claims Trust Fund provided for in this Code section." SECTION 13. 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 425. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Y Jones Me V Bremen Y Moody C Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer C Seabaugh Y Seay Y Shafer,D C Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 425. 4248 JOURNAL OF THE SENATE Senator Hill of the 32nd was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 529. By Senators Grant of the 25th, Harp of the 29th, Meyer von Bremen of the 12th, Unterman of the 45th and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the O.C.G.A., relating to the uniform rules of the road, so as to provide for an offense of homicide by vehicle where a person has committed the offense of felony hit and run and the accident therefrom resulted in the death of the person; to provide that a person who fails to stop and render aid under certain circumstances has committed the offense of hit and run; to amend Article 1 of Chapter 7 of Title 52 of the O.C.G.A., relating to general provisions pertaining to the registration, operation, and sale of watercraft, so as to provide for an offense of homicide by vessel where a person has operated a vessel in such a manner as to cause a collision or accident and knowingly fails to stop and attempt to render assistance; to provide for related matters; to provide for applicability and 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 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to provide for an offense of homicide by vehicle in the first degree where a person has committed the offense of felony hit and run and the accident causes the death of the person; to provide that a person who fails to stop and render aid under certain circumstances has committed the offense of hit and run; to change provisions relating to feticide by vehicle; to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the registration, operation, and sale of watercraft, so as to provide for an offense of homicide by vessel in the first degree where a person has operated a vessel in such a manner as to cause a collision or accident which causes the death of a person and knowingly fails to stop and attempt to render assistance; to correct cross-references; to change certain penalties; 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 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform FRIDAY, APRIL 4, 2008 4249 rules of the road, is amended by revising subsection (a) of Code Section 40-6-270, relating to hit and run and the duty of a driver to stop at or return to the scene of an accident, as follows: "(a) The driver of any vehicle involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and shall: (1) Give his or her name and address and the registration number of the vehicle he or she is driving; (2) Upon request and if it is available, exhibit his or her operators license to the person struck or the driver or occupant of or person attending any vehicle collided with; and (3) Render to any person injured in such accident reasonable assistance, including the transporting, or the making of arrangements for the transporting, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such transporting is requested by the injured person; and (4) Where a person injured in such accident is unconscious, appears deceased, or is otherwise unable to communicate, make every reasonable effort to ensure that emergency medical services and local law enforcement are contacted for the purpose of reporting the accident and making a request for assistance. The driver shall in every event remain at the scene of the accident until fulfilling the requirements of this subsection. Every such stop shall be made without obstructing traffic more than is necessary." SECTION 2. Said chapter is further amended by revising Code Section 40-6-393, relating to homicide by vehicle, as follows: "40-6-393. (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 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 driver of a motor vehicle who, without malice aforethought, causes an accident which causes the death of another person and leaves the scene of the accident in violation of subsection (b) of Code Section 40-6-270 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)(c) 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 406-163, or subsection (b) of Code Section 40-6-270, or Code Section 40-6-390 or 40-6- 4250 JOURNAL OF THE SENATE 391, or subsection (a) of Code Section 40-6-395 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. (c)(d) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such persons license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary." SECTION 3. Said chapter is further amended by revising Code Section 40-6-393.1, relating to feticide by vehicle, 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. (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 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), (b), or (c) (d) 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 three years nor more than 15 years. (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 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) (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 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 pertaining to the registration, operation, and sale of watercraft, is amended by revising Code Section 52-7-12.2, relating to homicide by vessel, as follows: "52-7-12.2. (a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (j) of Code Section 52-7-8.2, or Code Section 52-712 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 commits the offense of homicide by vessel in the first degree. A person convicted under this FRIDAY, APRIL 4, 2008 4251 subsection shall be guilty of a felony and shall be punished by imprisonment for not less than two three years nor more than 15 years. (b) Any operator of a vessel who, without malice aforethought, causes a collision or accident which causes the death of another person and leaves the scene of the collision or accident in violation of subsection (a) of Code Section 52-7-14 commits the offense of homicide by vessel 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)(c) 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 (j) of Code Section 527-8.2, 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 commits the offense of homicide by vessel in the second degree when such violation is the cause of said death. A person convicted under this subsection shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-103." SECTION 5. Said article is further amended by revising Code Section 52-7-12.3, relating to feticide by vessel, 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. (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 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 527-12 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) or (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 first degree shall be guilty of a felony and shall be punished by imprisonment for not less than two three years nor more than 15 years. (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 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) (c) 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." 4252 JOURNAL OF THE SENATE SECTION 6. This Act shall become effective on July 1, 2008, and shall apply to all offenses committed on or after such date. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senator Grant of the 25th moved that the Senate agree to the House substitute to SB 529. 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Henson Hill,Jack C Hill,Judson Y Hooks Y Hudgens Y Jackson E Johnson Jones Me V Bremen Y Moody C Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Shafer,D C Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman Weber Y Wiles Y Williams On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 529. Senator Murphy of the 27th was excused for business outside the Senate Chamber. The following resolution was taken up to consider House action thereto: SR 1012. By Senators Grant of the 25th, Harp of the 29th, Smith of the 52nd, Chapman of the 3rd, Murphy of the 27th and others: A RESOLUTION authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; authorizing the conveyance by FRIDAY, APRIL 4, 2008 4253 exchange of certain state owned real property in Brantley County, Georgia; authorizing the conveyance of certain state owned real property located in Bulloch County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; authorizing the conveyance of certain state owned property in Lowndes County, Georgia; authorizing the conveyance of certain state owned property in Mitchell County, Georgia; authorizing the conveyance of and easement over certain state owned real property located in Troup 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 Bartow County, Georgia; authorizing the conveyance by exchange of certain state owned real property in Brantley County, Georgia; authorizing the conveyance of certain state owned real property located in Bulloch County, Georgia; authorizing the conveyance of certain state owned real property located in Catoosa County, Georgia; authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; authorizing the conveyance of certain state owned real property located in Cobb County, Georgia; authorizing the conveyance of certain state owned real property located in Dougherty County, Georgia; authorizing the leasing of and a separate easement on certain state owned real property located in Douglas County, Georgia; authorizing the leasing of and a separate easement on certain state owned real property located in Effingham County, Georgia; authorizing the leasing of certain state owned real property located in Fulton County, Georgia; authorizing the leasing of certain state owned real property located in Jefferson County, Georgia; authorizing the conveyance of certain state owned property in Jefferson County, Georgia; authorizing the conveyance of certain state owned property in Lowndes County, Georgia; authorizing the conveyance of certain state owned property in Mitchell County, Georgia; authorizing the conveyance of certain state owned real property located in Seminole County, Georgia; authorizing the conveyance of certain state owned real property located in Tatnall County, Georgia; authorizing the conveyance of and granting easements and restrictive covenants over certain state owned real property located in Troup County, Georgia; to provide for an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property totaling approximately 1.657 acres located in Bartow County, Georgia; (2) Said parcel of such real property is all that parcel described as lying and being in Land Lots 1239 and 1282, 21st District, 2nd Section of Bartow County, containing a 4254 JOURNAL OF THE SENATE total of approximately 1.657 acres as shown on a plat of survey entitled "Survey for Bartow County" dated November 6, 2007, and prepared by William C. Smith, Georgia Registered Land Surveyor #1803, of Smith & Smith Land Surveyors P.C. of Cartersville, Georgia, and being on file in the Offices of the State Properties Commission and presented to the State Properties Commission for approval, 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 said parcel being a portion of an approximately 9.028 acre tract as described in a 06/02/2004 deed to the State of Georgia from the North Metro Technical Institute Foundation, which is recorded in State Properties Commission records as SPC # 860.08; (3) The Board of Technical and Adult Education, at its meeting of December 6, 2007 approved the conveyance of the above described property to the Bartow County Board of Commissioners for use by the County to repair and maintain a new entrance road into the campus of North Metro Technical College from Etowah Drive Acworth, Georgia, to access a new Allied Health and Technology Building under construction at the College, and to become part of the Bartow County road system and maintained by the County for the future; (4) The Bartow County Board of Commissioners is desirous of accepting the conveyance of the above-described property in order to construct and maintain the entrance road to said Allied Heath and Technology Building; and WHEREAS: (1) The State of Georgia is the owner of a tract of real property located in Brantley County, Georgia conveyed to the State of Georgia, Georgia Forestry Commission by the Assistant Secretary of the United States Department of Agriculture on March 30, 1955 as recorded at the State Properties Commission as RPR number 1396 and is recorded in Brantley County Clerk of Superior Court in Deed Book 17, Pages 430432; (2) Said property is under the custody of the Georgia Forestry Commission and is a portion of the Dixon Memorial State Forest; (3) Said real property includes a parcel of land lying and being in Land Lots 127128, 9th Land District in Brantley County and containing approximately 41.188 acres as shown on a plat of survey entitled "Survey for Ronnie Griffin," by Harry A. Strickland, Georgia Registered Land Surveyor, and dated September 27, 2006, all being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (4) Ronald Griffin has agreed to convey to the State of Georgia several tracts of land in Ware County totaling approximately 41.118 acres of suitable property and additional consideration to the State of three thousand dollars ($3,000.00), as determined by the State Properties Commission and the Georgia Forestry Commission to be in the best interest of the State, at Dixon Memorial State Forest in Ware County, FRIDAY, APRIL 4, 2008 4255 as described as Tract 1 (described as lot 3 of approximately 6.942 acres), Tract 2 (lots 2 and 1 of approximately 14.884 total acres), Tract 3 (lot 9 of approximately 5.744 acres), Tract 4 (approximately 3.590 acres), and Lot 9 of Block 2 (approximately 10.028 acres), on that "Survey for Ronald Griffin dated December 16, 2002" by Walter P. Copeland, Georgia Registered Land Surveyor number 2271; (5) The conveyance of the State's 41.118 acres in Brantley County in exchange for Mr. Griffin's 41.118 acres in Ware County and $3000.00 would allow the Georgia Forestry Commission to acquire several in-holding tracts of land within the boundary of the Dixon Memorial State Forest to consolidate and prevent future management problems at the Forest; (6) The above described exchange of properties is approved by the Georgia Forestry Commission; and 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 GMD of Bulloch, County, and containing a total of approximately 1.148 acres fronting Southwest of Georgia Highway No. 67, all as shown on a Plat of Survey prepared by Lamar O. Reddick and dated April 1, 1971, and recorded in Plat Book 10, Page 194, Bulloch County Records, 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) 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 June, 1971 by Bulloch County for the consideration of $1.00; (6) On May 5, 2006, the Governor approved Act 909 (SR 823) authorizing the conveyance to Bulloch County of the property as long as the property is used for public purpose; (7) Bulloch County is desirous of acquiring the above-described property for public purpose or alternately of having the state convey its interest in the property back to the county for purposes of an exchange for other property to be used for public purpose, if such an exchange can be effected and the terms and conditions of which exchange are approved by the State Properties Commission; and WHEREAS: (1) The Georgia Department of Transportation, an agency of the State of Georgia, is the owner of a certain parcel of real property located in the City of Ringgold, Catoosa 4256 JOURNAL OF THE SENATE County, Georgia; (2) Said real property is all that tract or parcel of land containing approximately 2.57 acres, together with all improvements thereon, being a portion of that tract of land lying and being in Land Lot 192 of the 28th Land District, 3rd Section of Catoosa County, Georgia and as shown on a drawing dated March 18, 2008 and entitled "Drawing for Conveyance of Parcel R11-7 in Catoosa Co. to Ringgold; dated 03/18/08; 2.57 Acres", highlighted in yellow for the conveyance, 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 and control of the Georgia Department of Transportation as transferred for a roadside park by Executive Order dated November 30, 1955, and inventoried in the State Properties Commission as RPR #2688; and is a portion of that approximately 4.5 acre tract known as the ATLANTA CAMPAIGN HISTORICAL SITE KNOWN AS RINGGOLD MARKER SITE which was donated to the State of Georgia by the United States of America, Secretary of the Interior by deed dated March 20, 1952, recorded in the office of the Clerk of Superior Court of Catoosa County in Deed Book 63, Page 140, and inventoried in State Properties Commission records as RPR #699; (4) By letter dated October 3, 2007, the City of Ringgold is desirous of having the approximately 2.57 acre property conveyed to the City for public purpose, which would continue the stipulations of the 1955 deed that the area be used as a park; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Chatham County, Georgia; (2) Said real property is estimated as an approximately 17 acre portion of that tract of land lying and being in the 7th General Militia District of Chatham County, Georgia and as shown on a drawing entitled "Drawing Delineating Property Proposed to Be Conveyed to City of Garden City from State of Georgia, dated February 29, 2008" as highlighted in yellow for conveyance, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Public Safety and its Georgia Public Safety Training Center and is a portion of that approximately 20 acre tract known as the Public Safety Training Center and formerly the Georgia State Patrol Post on Dean Forest Road, Savannah, which was acquired in five parcels by the State of Georgia as follows and recorded in the State Properties Commission records and in records of the Clerk of Superior Court of Chatham County: RPR# 5083 December 18, 1970: 7.0 acres from Chatham County at 1400 Dean Forest Road, Deed Book 98-Q Page 91, Plat Book S, Folio 20; RPR #9556 October 5, 2001: 9.97 acres from Horace A. Sandefur and Jane D. Sandefur (also known as the Lovell Tract) FRIDAY, APRIL 4, 2008 4257 at 1404 Dean Forest Road, Deed Book 227I, Page 158 and Plat Book 19-P, Page 78; RPR #9679 March 26, 2002: 0.99 acres from Wendell T. and Linda L Anderson at 1410 Dean Forest Road, Deed Book 233U Pages 490-492, Plat Book 21P Folio 20; RPR # 9936 January 27, 2004: 0.998 acres from Wilda Findley Myrick at 1422 Dean Forest Road, Deed Book 265A, Page 221 and Plat Book 27-P Page 18; RPR # 9935 January 27, 2004: 1.01 acres from Frank D. Turner at 1416 Dean Forest Road, Deed Book 265A, Page 224 and Plat Book 27-P, Page 19; (4) By letter dated March 3, 2008, the Director of Public Safety Training declared the area of the property highlighted in yellow as surplus and no longer necessary for the operations of that Department, and that the retained approximately 3 acre parcel will be used for construction and operation of a regional public safety training center which will be constructed to the specifications of Georgia Public Safety Training Center Director by the City of Garden City for an amount not to exceed $1.4 million and to include at least 100 parking spaces, if the parties agree to do so prior to the conveyance of the 17 acres (or portions thereof) and Garden City agrees to complete construction of such regional public safety training center within 18 months of the conveyance; (5) The City of Garden City is desirous of having the approximately 17 acre property, or substantial portion thereof to be determined by Garden City after appropriate due diligence, conveyed to the City, and agrees that the transfer of the 17 acres (or portion thereof) would not occur until a fully executed agreement is entered into with all parties for Garden City to construct a regional public safety training center on the remaining approximately 3 acres to the specifications of the Georgia Public Safety Training Director in an amount not to exceed $1.4 million and to include at least 100 parking spaces, which such regional public safety training center the City agrees to complete construction of within 18 months of the conveyance; and WHEREAS: (1) The State of Georgia is the owner of a certain real property located in Cherokee County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in land lots 159 of the 14th district, 2nd Section of Cherokee County, and containing a total of approximately 1.50 acres as more particularly described on that certain deed of conveyance to the State of Georgia being recorded as real property record number 004616 and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Public Safety and was used as a state patrol post; (4) The Department of Public Safety has relocated the activities performed on the above-described property and has declared the property surplus; (5) The above-described property was conveyed to the state in 1962 by Cherokee County for the consideration of $1.00 with the provision that if the property ever 4258 JOURNAL OF THE SENATE ceased being used as a state patrol post the property including any improvements would revert; (6) Cherokee County is desirous of having the state convey its interest in the property back to the County. WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Cobb County, Georgia; (2) Said real property is estimated as an approximately 0.65 acre tract of land lying and being in Land Lot 1212 of the 16th Land District, 2nd Section of Cobb County, Georgia and as shown on a plat entitled "Plat by J.P. Phillips, Surveyor, February 28, 1950" highlighted in yellow for conveyance, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Defense known as the National Guard Armory on Haygood Circle, Marietta, Georgia, which was acquired from Cobb County, Georgia, by the State of Georgia on March 20, 1950, and recorded in the Clerk of Superior Court of Cobb County's records as Deed Book 217, Page 163 and in the offices of the State Properties Commission as RPR #'s 0336; (4) The 1950 deed recited that the property was conveyed for the sole purpose of use by the grantee for National Guard and military purposes, and upon failure of the grantee to used the property for the purposes specified, the property, together with the improvements placed thereon by the grantee shall revert to the grantor, its successors or assigns; (5) Since October 23, 1987 the real property has not been used for National Guard and military purposes, nor since October 23, 1987 has the real property been used or occupied by the State of Georgia for any other purpose, as sworn to in an Affidavit by the Major General Adjutant General of the Georgia Department of Defense Military Division, on February 1, 1989 and listed as RPR# 7743; (6) Cobb County Board of Commissioners has requested a quit claim deed from the State and seeks authorization from the General Assembly to quitclaim any interest the State may have in this property to Cobb County; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Dougherty County, Georgia; (2) Said real property is estimated as an approximately 8 acres portion of that tract of land lying and being in land lot 361 of the 1st Land District of Dougherty County, Georgia and as shown on a drawing dated February 22, 2008 and entitled "Drawing of Albany Farmers Market Delineating Property Proposed to Be Conveyed to Dougherty County" as highlighted in yellow for conveyance, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of FRIDAY, APRIL 4, 2008 4259 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 Department of Agriculture and is a portion of that approximately 9.9986 acre tract known as the Albany Farmers Market which was donated to the State of Georgia on June 9, 1972 by Dougherty County, lying and being in Land Lot 361, 1st Land District of Dougherty County, and recorded in the offices of the State Properties Commission as RPR # 5516; (4) By letter dated February 22, 2008, the Commissioner of Agriculture declared the area of the property highlighted in yellow as surplus and no longer necessary for the operations of that Department's Marketing Division; (5) Dougherty County Commissioners is desirous of having the approximately 8 acre property conveyed to the county for public purpose; and WHEREAS: (1) The State of Georgia is the owner of two certain parcels of real property totaling 3.87 acres located in Douglas County, Georgia; (2) Said first parcel of such real property is all that parcel described as Parcel A ("the lease area") of land lying and being in land lots No. 48 of the 1st land district, 2nd section of Douglas County containing a total of approximately 1.76 acres as shown on a plat of survey entitled "Site of Project No DTAE-213, Parcel A Charter School Site, West Central Technical College" (hereinafter known as "Parcel A" or "the lease area") dated June 8, 2007, and prepared by Paul B. Cannon, Georgia Registered Land Surveyor #2928, and being on file in the Offices of the State Properties Commission and presented to the State Properties Commission for approval; and said second parcel of such real property is all that parcel described as Parcel C of land lying and being in land lots No. 48 and 49 of the 1st land district, 2nd section of Douglas County containing a total of approximately 2.12 acres as shown on a plat of survey entitled "Site of Project No DTAE-213, Parcel C Non-Exclusive Easement, West Central Technical College" (hereinafter known as "Parcel C") dated June 8, 2007, and prepared by Paul B. Cannon, Georgia Registered Land Surveyor #2928, 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) The Board of Technical and Adult Education, at its meeting of June 7, 2007 approved the granting of a ground lease for $1.00 of approximately 2.0 acres to the Douglas County Board of Education for use as a site to construct and operate a Charter School, and at the same meeting that Board approved the granting of an ingress-egress easement for $1.00 on approximately 2.0 acres to the site of the Charter School on the above-described property at the West Central Technical College; (4) At the same meeting the Board approved granting a revocable license over the two parcels of above-described property and such request was approved by the State Properties Commission on July 24, 2007; (5) The Douglas County Board of Education is desirous of leasing the above- 4260 JOURNAL OF THE SENATE described property and being granted an ingress-egress easement in order to construct and operate an approximately 20,000 square foot Career Academy High School joined in a common atrium with an approximately 20,000 square foot new classroom building to be built with 2006 Series G General Obligation Bonds for West Central Technical College, allowing students to earn credits toward both a high school diploma and a technical diploma or certificate; and WHEREAS: (1) The State of Georgia is the owner of real property totaling approximately 8.5 acres located in Effingham County, Georgia; (2) Said real property is all that parcel described as Parcel A ("the easement area") of land lying and being in the 9th Georgia Militia District of Effingham County containing a total of approximately 1.48 acres, and Parcel B ("the lease area") of land lying in the 9th Georgia Militia District of Effingham County containing a total of approximately 6.92 acres as shown on a drawing entitled "Parcel A Non-Exclusive Easement Area for Career Center Site, and Parcel B Career Center Site, Effingham County Campus of Savannah Technical College" (hereinafter known as "Parcel A" or "the easement area" and "Parcel B" or "the lease area:) dated March 7, 2008, and being on file in the Offices of the State Properties Commission and presented to the State Properties Commission for approval, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said parcels being portions of the approximately 66.26 acre property in the City of Rincon, Effingham County, under the custody of the Georgia Department of Technical and Adult Education known as the Effingham County Campus of Savannah Technical College which was donated to the State of Georgia by warranty deed on July 1, 2004, by the Effingham County Industrial Development Authority, lying and being in the 9th Georgia Militia District of Effingham County, and recorded in the offices of the State Properties Commission as RPR #'s 10009.02 and 10009.01; (4) The Board of Technical and Adult Education (TAE), at its meeting of March 6, 2008 approved the recommendation for the State to grant a 30-year ground lease of approximately 7.0 acres to the Effingham County Board of Education for the Effingham County Schools for use as a site to construct and operate an Effingham County Career Academy, and at the same meeting that TAE Board approved recommending that the State grant a non-exclusive ingress-egress easement to the Effingham County Board of Education for the Effingham County Schools on approximately 1.5 acres to the site of the proposed Career Academy on the abovedescribed property at the Effingham County Campus of Savannah Technical College, as well as having an identification sign indicating both the Effingham Campus of Savannah Technical College, a Unit of the Technical College System of Georgia and the Effingham County Career Academy, and that the Department of Technical and Adult Education and its Board shall be informed of and given the opportunity to participate in all design meetings regarding the design of the Career Academy; FRIDAY, APRIL 4, 2008 4261 (5) At the same meeting the board approved granting a revocable license over the two parcels of above-described property totaling approximately 8.5 acres; (6) Effingham County Board of Education for the Effingham County Schools is desirous of leasing the above-described property to construct and operate the Effingham County Career Academy and being granted an approximately 50' x 1,310' ingress-egress easement to such academy; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property totaling approximately 0.25 acres (11,040 square feet) located in the City of Atlanta, Fulton County, Georgia; (2) Said 0.25 acre parcel of real property is all that parcel described as lying and being in Land Lot 51 of the 14th District of Fulton County, also described as 201 Courtland Street at the intersection of the north right-of-way of a street formerly known as Cain Street (now known as International Boulevard) and the east right-ofway of Courtland Street, containing a total of approximately 0.25 acres, which is a portion of property known as 201- 215, and 217-223 Courtland Street and 207 International Boulevard in Atlanta, Fulton County, as recorded in State Properties Commission Real Property Record # 7454, and under the custody and control of the Department of Labor; and being described on a survey 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 has been leased to various entities since 1971, most recently as recorded in Deed Book 5533, Page 24 of the Superior Court Clerk of Fulton County records, since December 3, 2002, leased to KenKam LLC as Lessee/Tenant for a period of 10 years, to expire on December 31, 2012 with an option to extend the lease until December 31, 2017; (4) Lessee has requested a longer lease term in order to make investments and improvements that are necessary to successfully operate the leased property as a restaurant, and to improve the State's long-term value in this property; (5) The Commissioner of Labor in a letter dated February 1, 2008, did not object to an extension of the lease term; (6) It is recommended that the extension of the lease expire on December 31, 2039, so long as the value of the lease is reappraised to a current fair market value prior to execution of the lease and that the lease is subject to an annual increase to be determined by the State Properties Commission; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property totaling 3.0 acres located in Jefferson County, Georgia; (2) Said parcel of such real property is all that parcel described as lying and being in GMD No. 78 of Jefferson County, containing a total of approximately 3.0 acres as 4262 JOURNAL OF THE SENATE shown on a plat of survey entitled "Jefferson County Heath Sciences Center" dated April 4, 2006, and prepared by Alfred D. Bellew, Georgia Registered Land Surveyor #2255, of Bellew Surveyors, 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) The Board of Technical and Adult Education, at its meeting of August 3, 2006 approved the granting of a 20-year ground lease of approximately 3.0 acres to the Jefferson County Board of Commissioners for use by the County as a site to construct under terms of a community block grant from the Georgia Department of Community Affairs (DCA) and operate a Health/Sciences Center at the Louisville, Georgia campus of Sandersville Technical College; (4) The Jefferson County Board of Commissioners is desirous of leasing the abovedescribed property in order to construct and operate said Heath/Sciences Center; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Jefferson County, Georgia; (2) Said real property is all those two (2) tracts or parcels of land lying and being in the 83rd GMD of Jefferson County consisting of 1.0 of one acre more or less and being Parcel C as more particularly described on a plat of survey dated May 6- June 4, 1982 and prepared by H. P. Tompkins, Jr., Georgia Registered Land Surveyor, and being recorded in the office of the Clerk of the Superior Court of said County in Plat Book 1, page 155; and of a 0.45 acre more or less parcel being described as recorded in Deed Book 64, Folio 547 and re-surveyed as 0.402 acres (Parcel B) on the same Tompkins survey of 1982, 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 is a portion of the former tower, office and truck shed site, which has recently been replaced by a new combined office serving Jefferson and Glascock Counties on approximately 3.63 acres of land donated by Jefferson County; (4) The former office site consists of 3 parcels totaling approximately 1.85 acres donated to the State of Georgia, and was resurveyed in the above-referenced 1982 survey as approximately 1.74 acres, those 3 parcels being the above-referenced two Parcels B and C, and a third parcel of approximately 0.40 acres (recorded in Deed Book 3-0, Pages 435-436) which contains the Jefferson Fire Tower, as resurveyed on the above-referenced 1982 survey and designated on that survey as Parcel A of approximately 0.338 acres; (5) The Georgia Forestry Commission is desirous of retaining the fire tower known as the Jefferson Fire Tower and the land on which it is situated (referred to as Parcel A, above), having reached an agreement with the County for the County to fully FRIDAY, APRIL 4, 2008 4263 maintain the tower and pay for all utilities in exchange for the County's right to retain their communications antenna on the Jefferson Fire Tower; (6) The Forestry Commission has no further need for the former office and truck shed or land on which it is located, and has requested in a Resolution dated April 6, 2006, that Parcel B (0.402 acres on the referenced survey) and Parcel C (1.0 acres on the same survey) be conveyed to Jefferson County; (7) Jefferson County is desirous of accepting the conveyance of the above described Parcels B and C, and the County approved in its resolution dated October 11, 2005, the acquisition of that property; (8) The Georgia Forestry Commission and the Jefferson County Board of Commissioners entered into an Agreement on April 17, 2006, commemorating such maintenance by the County of the tower, grounds, and parking area and utilities of the Jefferson Fire Tower and Pump/Well house on Parcel A; 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 an approximately 1.42 acre parcel being further described in that "Plat of Survey for Lowndes County dated 1/29/08 by Georgia Registered Land Surveyor #2940", 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 is a portion of that approximately 10.7 acre Lowndes County Forestry Unit which was donated to the State of Georgia on December 18, 1957 by Lowndes County, lying and being in Land Lot 197, 11th Land District of Lowndes County, and recorded in the offices of the State Properties Commission as RPR # 877; (4) The Georgia Forestry Commission has no planned use or need for said 1.42 acre property in conjunction with the operation of the Unit; (5) Lowndes County Board of Commissioners has requested that the above described property be conveyed to the Lowndes County Board of Commissioners for construction by the Lowndes County Fire and Rescue Headquarters of a "Burn Building" for firefighter training; (6) Said "Burn Building" would further enhance Georgia Forestry Commission's (GFC) cooperative fire control efforts within the County, and GFC has no objection to the above described property being conveyed to Lowndes County for public purpose; (7) Georgia Forestry Commission by resolution dated October 17, 2006, approved the conveyance of the 1.42 acre parcel to Lowndes County as a "Burn Building" for the public purpose of firefighter training, and the County agreed to pay one half of the annual salary of the Lowndes County Fire Tower Operator through July 1, 2009; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in 4264 JOURNAL OF THE SENATE Mitchell County, Georgia; (2) Said real property is all of those tracts or parcels of land lying and being in Land Lot 267 and Land Lot 268, of the 10th Land District of Mitchell County, in the City of Pelham, and containing a total of approximately 7.8 acres 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 a farmers market; (4) By letter dated January 9, 2008, the Commissioner of Agriculture declared the property surplus and no longer necessary for the operations of that Department's Marketing Division; (5) The City of Pelham is desirous of acquiring the above-described property and the city intends to build a correctional facility on the property; (6) The State Properties Commission recommends that the above-described property be sold to the City of Pelham for $10.00 so long as the property is used to construct and operate a correctional facility; and WHEREAS: (1) The State of Georgia is the owner of a certain tract of real property located in Seminole County, Georgia; (2) Said real property is all of that remaining tract of land lying and being in the City of Donalsonville, Georgia, and being described as all of Lots 1, 2, 3, and 4 in Block 110 of the Shingler Addition Subdivision that lies north of Third Street, in Seminole County, Georgia and containing approximately 1.799 acres as shown on a plat of survey entitled "Georgia State Patrol Barracks, Land Lot 149, 14th Land District, City of Donalsonville, Seminole County, Georgia", dated September 7, 1990, and prepared by Earl Thursby, Georgia Registered Land Surveyor No. 1732, as highlighted in yellow for conveyance of approximately 1.799 acres 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 Department of Public Safety and is a portion of that approximately 2.0 acre tract for the Donaldsonville State Patrol Post which was conveyed to the State of Georgia on December 17, 1958, by the City of Donalsonville, in Seminole County, for such use by the State until a new State Patrol Barracks in the City of Donalsonville shall have been completed, at which time thee State shall surrender possession of the property to the City of Donalsonville; as shown on a survey recorded in the office of the Clerk of the Superior Court of Seminole County, Georgia in Plat Book 1, Page 9, that being the same property surveyed and conveyed by the Seminole County Commissioners to the State of Georgia by deed dated April 9, 1943 and recorded in Book 11, Folio 440 of the records of the Clerk of the Superior Court of Seminole County, Georgia and to which Seminole County did on November 4, 1958, quit claim all rights in and to the FRIDAY, APRIL 4, 2008 4265 reversionary clause in that certain deed between the same parties, dated April 9, 1943 and recorded in Deed Book 11, Page 440, records of the Clerk of Superior Court of Seminole County; (4) The Department of Public Safety stated in a letter dated February 26, 2008, that use is expected to be discontinued by the Department of Public Safety when a new Post is built in the near future in Colquitt, Georgia, and the Department would retain ownership only of the radio tower at that time and maintenance of that tower provided, the State is the sole user of the tower; (5) Seminole County is desirous of using the tract for public purpose when by the State has discontinued, with the tower being retained by the State with custody in the Department and maintenance of only the radio tower at that time, provided the State is the sole user of the tower; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Tattnall County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 1645th Georgia Militia District of Tattnall County, Georgia and containing approximately 15 acres and is more particularly described on a drawing dated March 11, 2008, and entitled "Drawing for app. 15 AC parcel for competitive bid, Tattnall County, 3/11/08" 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 Corrections as a portion of the property known as the Georgia State Prison; (4) The Department of Corrections has no objection to the surplusing of the abovedescribed parcel; (5) It has been determined that it would be in the best interest of the State of Georgia that the above-described property be sold by competitive bid; and WHEREAS: (1) The State of Georgia is the owner of approximately 2,259 acres, more or less, of real property located in Troup County, Georgia, as part of an economic development project executed with Kia Motors Manufacturing Georgia, Inc., to locate an automobile manufacturing plant within the state; (2) The United States of America, the Georgia Department of Transportation, the City of West Point, the City of LaGrange, Troup County, Georgia Power Company, Diverse Power Company, and Interstate Telephone Company desire to restrict use of wetlands subject to certain federal permits and to operate and maintain public roads, public service facilities, utilities, utility facilities, and ingress and egress in, on, over, under, upon, across, or through portions of said property; (3) These restrictions on use of wetlands, public roads, public facilities, utilities, utility facilities, and ingress and egress in, on, over, under, upon, across, or through 4266 JOURNAL OF THE SENATE the above-described state property have been requested or approved, or both, by the United States of America and the Department of Natural Resources. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I SECTION 1. That the State of Georgia is the owner of the above-described real property in Bartow County 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 property including any improvements may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Bartow County for a consideration of $10.00 so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 3. 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 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 Bartow County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 6. That custody of the above-described property shall remain in the Department of Technical and Adult Education until the property is conveyed. ARTICLE II SECTION 7. That the State of Georgia is the owner of the above-described real property in Brantley County 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. FRIDAY, APRIL 4, 2008 4267 SECTION 8. That the above-described approximately 41.188 acre parcel of State of Georgia property may be conveyed to Ronald Griffin in exchange for several parcels owned by Mr. Griffin totaling approximately 41.188 acres of real property within the boundary of Dixon Memorial State Forest and additional consideration of $3,000.00 from Mr. Griffin to the state, as approved by the State Forestry Commission, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 9. 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 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 11. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Brantley County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 12. That custody of the above-described properties shall remain in the State Forestry Commission until the property is conveyed. ARTICLE III SECTION 13. That the State of Georgia is the owner of the above-described real property in Bulloch County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 14. That the above-described property including any improvements may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Bulloch County for a consideration of $10.00 so long as the property is used for public purpose or alternately for purposes of an exchange for other property to be used for public purpose, if such an exchange can be effected and terms and conditions of such exchange are approved by staff of the State Properties Commission; and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. 4268 JOURNAL OF THE SENATE SECTION 15. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective. SECTION 16. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 17. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bulloch County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 18. That custody of the above-described property shall remain in the Department of Agriculture until the property is conveyed. ARTICLE IV SECTION 19. That the Department of Transportation, an agency of the State of Georgia, is the owner of the above-described real property and improvements in City of Ringgold, Catoosa County, Georgia. SECTION 20. That the above-described real property and improvements may be conveyed by appropriate instrument to the City of Ringgold for a consideration of $10.00, so long as the property is used for public purpose as stipulated the above-referenced 1955 deed, such further consideration and provision as the Department of Transportation shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 21. That the Department of Transportation is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 22. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Catoosa County, Georgia and a recorded copy shall be forwarded to the Department of Transportation. SECTION 23. That custody of the above-described property shall remain in the Department of Transportation until the property is conveyed. FRIDAY, APRIL 4, 2008 4269 ARTICLE V SECTION 24. That the State of Georgia is the owner of the above described real property in Chatham County 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 25. That approximately 17 acres of the above-described parcels of property or portion thereof to be specified by Garden City may be conveyed by the State of Georgia, acting by and through its State Properties Commission to the City of Garden City, Georgia, for a consideration of $10.00 as determined to be in the best interest of the State of Georgia by the State Properties provided that the city agrees that the transfer of the 17 acres or specified portion would not occur until a fully executed agreement is entered into between the city and the Georgia Public Training Center and any other party determined by the State Properties Commission stipulating that Garden City will construct a regional public safety training center on the remaining approximately 3 acres to the specifications of the Georgia Public Safety Training Director in an amount not to exceed $1.4 million and to include at least 100 parking spaces, which such regional public safety training center the city agrees to complete construction of within 18 months of the conveyance of approximately 17 acres or specified portion, and further as determined to be in the best interest of the State of Georgia by the State Properties Commission and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 26. That the authorization in this resolution to convey the above-described real property shall expire three years after the date that this resolution becomes effective. ARTICLE VI SECTION 27. That the State of Georgia is the owner of the above-described real property in Cherokee County 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 28. That the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Cherokee County for a consideration of $10.00, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. 4270 JOURNAL OF THE SENATE SECTION 29. 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 30. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 31. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Cherokee County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 32. That custody of the above-described property shall remain in the Department of Public Safety until the property is conveyed. ARTICLE VII SECTION 33. That the State of Georgia is the owner of the above-described real property in Cobb County 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 34. That all or a portion of the above-described approximately 0.65 acre parcel of property together with any improvements thereon may be conveyed by appropriate instrument to the Cobb County Board of Commissioners for a consideration of $10.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 35. That the authorization in this resolution to sell the above-described real property shall expire three years after the date that this resolution becomes effective. SECTION 36. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale. SECTION 37. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission. FRIDAY, APRIL 4, 2008 4271 SECTION 38. That custody of the above-described properties shall remain in the Georgia Department of Defense until the property is conveyed. ARTICLE VIII SECTION 39. That the State of Georgia is the owner of the above-described real property in Dougherty County 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 40. That all or a portion of the above-described approximately 8 acre parcel of property together with any improvements thereon may be conveyed by appropriate instrument to the Dougherty County Board of Commissioners for a consideration of $10.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 41. That the authorization in this resolution to sell the above-described real property shall expire three years after the date that this resolution becomes effective. SECTION 42. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale. SECTION 43. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Dougherty County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 44. That custody of the above-described properties shall remain in the Georgia Department of Agriculture until the property is conveyed. ARTICLE IX SECTION 45. That the State of Georgia is the owner of the above-described real property in Douglas County and that in all matters relating to the leasing of the approximately 1.76 acres of real property and to the granting of an easement on the easement area of approximately 2.12 acres, the State of Georgia is acting by and through its State Properties Commission. 4272 JOURNAL OF THE SENATE SECTION 46. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to the Douglas County Board of Education for a period of 25 years for a consideration of $10.00 per year to construct and maintain a Charter School on the above-described property at the West Central Technical College, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia. SECTION 47. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease. SECTION 48. That the lease shall be recorded by the lessee in the Superior Court of Douglas County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 49. That the authorization to lease the above-described property to the Douglas County Board of Education shall expire three years after the date that this resolution becomes effective. SECTION 50. That the State of Georgia, acting by and through the State Properties Commission, is authorized to grant to the Douglas County Board of Education, or its successors and assigns, a nonexclusive easement for ingress-egress to construct and maintain a Charter School on the above-described property at the West Central Technical College. SECTION 51. That the State of Georgia is the owner of the above-described approximately 2.12 acre parcel of real property in Douglas County on the above-referenced survey hereinafter referred to as the "easement area," and the property is in the custody of the Department of Technical and Adult Education and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 52. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Douglas County Board of Education, or its successors and assigns, a nonexclusive easement on that portion of land and that portion only on the abovedescribed survey as the "easement area" for the construction, operation, and maintenance of ingress and egress in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, 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; and may be more particularly described by a plat of survey FRIDAY, APRIL 4, 2008 4273 prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 53. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said ingress and egress. SECTION 54. That the Douglas County Board of Education 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 ingress and egress. SECTION 55. That, after the Douglas County Board of Education 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 Douglas County Board of Education, 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 56. That no title shall be conveyed to the Douglas County Board of Education, and, except as herein specifically granted to the Douglas County Board of Education, 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 Douglas County Board of Education. SECTION 57. 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, or of a county with respect to the county road system or of 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 58. 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 4274 JOURNAL OF THE SENATE or relocated to an alternate site on state owned land in order to avoid interference with the state's 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 Douglas County Board of Education 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 Douglas County Board of Education. 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 59. That the easement granted to the Douglas County Board of Education shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest 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 60. 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 interest of the State of Georgia. SECTION 61. 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 62. That the authorization in this resolution to grant the above-described easement to the Douglas County Board of Education shall expire three years after the date that this resolution becomes effective. SECTION 63. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. FRIDAY, APRIL 4, 2008 4275 ARTICLE X SECTION 64. That the State of Georgia is the owner of the above-described real property in Effingham County and that in all matters relating to the leasing of the approximately 7.0 acres of real property and to the granting of an easement on the easement area of approximately 1.5 acres, the State of Georgia is acting by and through its State Properties Commission. SECTION 65. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to the Effingham County Board of Education for a period of 30 years for a consideration of $10.00 per year to construct and maintain a Effingham County Career Academy on the above-described property at the Savannah Technical College, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia. SECTION 66. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease. SECTION 67. That the lease shall be recorded by the lessee in the Superior Court of Effingham County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 68. That the authorization to lease the above-described property to the Effingham County Board of Education shall expire three years after the date that this resolution becomes effective. SECTION 69. That the State of Georgia, acting by and through the State Properties Commission, is authorized to grant to the Effingham County Board of Education, or its successors and assigns, a nonexclusive easement for ingress-egress to construct and maintain a Effingham County Career Academy on the above-described property at the Savannah Technical College. SECTION 70. That the State of Georgia is the owner of the above-described approximately 1.50 acre parcel of real property in Effingham County on the above-referenced survey hereinafter referred to as the "easement area," and the property is in the custody of the Department of Technical and Adult Education and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. 4276 JOURNAL OF THE SENATE SECTION 71. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Effingham County Board of Education (hereinafter Effingham County Schools), or its successors and assigns, a nonexclusive easement on that portion of land and that portion only on the above-described survey as the "easement area" for the construction, operation, and maintenance of ingress and egress in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, 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; 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 72. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said ingress and egress. SECTION 73. That the Effingham County Schools 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 ingress and egress. SECTION 74. That, after the Effingham County Schools 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 Effingham County Schools, 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 75. That no title shall be conveyed to the Effingham County Schools, and, except as herein specifically granted to the Effingham County Schools, 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 Effingham County Schools. SECTION 76. 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 FRIDAY, APRIL 4, 2008 4277 system, or of a county with respect to the county road system or of 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 77. 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 state's 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 Effingham County Schools 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 Effingham County Schools. 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 78. That the easement granted to the Effingham County Schools shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest 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 79. 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 interest of the State of Georgia. SECTION 80. That this grant of easement shall be recorded by the grantee in the Superior Court of Effingham County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 81. That the authorization in this resolution to grant the above-described easement to the 4278 JOURNAL OF THE SENATE Effingham County Schools shall expire three years after the date that this resolution becomes effective. SECTION 82. 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 XI SECTION 83. That the State of Georgia is the owner of the above-described real property in Fulton County, City of Atlanta, and that in all matters relating to the leasing of the approximately 0.25 acres of real property the State of Georgia is acting by and through its State Properties Commission. SECTION 84. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to KenKam, LLC for a period of 31 years until December 31, 2039, for a consideration of the current fair market value, thereafter increasing at an annual rate to be determined by the State Properties Commission to the end of the lease term to improve, maintain, and operate under all other appropriate terms of a lease of 201 Courtland Street; and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia. SECTION 85. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease. SECTION 86. That the lease shall be recorded by the lessee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 87. That the authorization to lease the above-described property to KenKam, LLC shall expire three years after the date that this resolution becomes effective. ARTICLE XII SECTION 88. That the State of Georgia is the owner of the above-described real property in Jefferson County and that in all matters relating to the leasing of approximately 3.0 acres of real property the State of Georgia is acting by and through its State Properties Commission. FRIDAY, APRIL 4, 2008 4279 SECTION 89. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to the Jefferson County Board of Commissioners for a period of 20 years for a consideration of $10.00 per year to construct and maintain under terms of a community block grant from the Georgia Department of Community Affairs (DCA) and operate a Health/Sciences Center at the Louisville, Georgia campus of Sandersville Technical College; and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia. SECTION 90. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease. SECTION 91. That the lease shall be recorded by the lessee in the Superior Court of Jefferson County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 92. That the authorization to lease the above-described property to the Jefferson County Board of Commissioners shall expire three years after the date that this resolution becomes effective. ARTICLE XIII SECTION 93. That the State of Georgia is the owner of the above-described real property in Jefferson County 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 94. That the above-described approximately 1.0 acre parcel (Parcel C) and approximately 0.45 acre parcel (Parcel B) of real property may be conveyed by appropriate instrument to Jefferson County for a consideration of $10.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 95. That the authorization in this resolution to convey the above-described real property shall expire three years after the date that this resolution becomes effective. SECTION 96. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. 4280 JOURNAL OF THE SENATE SECTION 97. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Jefferson County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 98. That custody of the above-described properties shall remain in the State Forestry Commission until the property is conveyed. ARTICLE XIV SECTION 99. That the State of Georgia is the owner of the above-described real property in Lowndes County 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 100. That all or a portion of the above-described approximately 1.42 acre parcel of property may be conveyed by appropriate instrument to the Lowndes County Board of Commissioners for a consideration of $10.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 101. That the authorization in this resolution to sell the above-described real property shall expire three years after the date that this resolution becomes effective. SECTION 102. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale. SECTION 103. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Lowndes County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 104. That custody of the above-described properties shall remain in the State Forestry Commission until the property is conveyed. ARTICLE XV SECTION 105. That the State of Georgia is the owner of the above-described real property in Mitchell County 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. FRIDAY, APRIL 4, 2008 4281 SECTION 106. That the State Properties Commission recommends that above-described real property be sold by the State of Georgia, acting by and through its State Properties Commission, to the City of Pelham for $10.00 so long as the property is used to construct and operate a correctional facility, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 107. That the authorization in this resolution to sell the above-described real property shall expire three years after the date that this resolution becomes effective. SECTION 108. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 109. That the deed or deeds of conveyance and easement or easements shall be recorded by the grantee in the Superior Court of Mitchell County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 110. That custody of the above-described properties shall remain in the Department of Agriculture until the property is conveyed. ARTICLE XVI SECTION 111. That the State of Georgia is the owner of the above-described real property in Seminole County 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 112. That all or a portion of the above-described approximately 1.799 acre parcel of property may be conveyed by appropriate instrument to the Seminole County Board of Commissioners for a consideration of $10.00, so long as the property is used for public purpose, when use is discontinued by the Department of Public Safety after a new post is built in the near future in Colquitt, Georgia, with the department retaining ownership only of the radio tower at that time and maintenance of that tower provided the state is the sole user of the tower, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 113. That the authorization in this resolution to sell the above-described real property shall expire three years after the date that this resolution becomes effective. 4282 JOURNAL OF THE SENATE SECTION 114. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale. SECTION 115. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Seminole County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 116. That custody of the above-described properties shall remain in the Georgia Department of Public Safety until the property is conveyed. ARTICLE XVII SECTION 117. That the State of Georgia is the owner of the above-described real property in Tattnall County 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 118. That the above-described real property may be sold by the State of Georgia, acting by and through its 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, or that the above-described real property may be sold to a city, county, school board, or other local public entity which shall include development authorities for not less than the fair market value, as determined to be in the best interest of the State of Georgia by the State Properties Commission without the necessity of competitive bid, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 119. That the authorization in this resolution to sell the above-described real property shall expire three years after the date that this resolution becomes effective. SECTION 120. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 121. That the deed or deeds of conveyance and easement or easements shall be recorded by the grantee in the Superior Court of Tattnall County and a recorded copy shall be forwarded to the State Properties Commission. FRIDAY, APRIL 4, 2008 4283 SECTION 122. That custody of the above-described properties shall remain in the Department of Corrections until the property is conveyed. ARTICLE XVIII SECTION 123. That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property" "restricted area" or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission, and is more particularly described as follows: All those parts and parcels of land consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission; and which, upon final completion of certain roads, rights-of-way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 124. That the State of Georgia, acting by and through its State Properties Commission, may grant to the United States of America, or its successors and assigns, a restrictive covenant over the property for the protection of wetlands and wetlands mitigation, 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 Troup County, Georgia, and is more particularly described as follows: That portion and that portion only as shown with dotted shading annotated as "wetlands" and "wetland mitigation area" over Tracts 1, 2, 3, 4, and 5, on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008, 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 125. That the above-described restricted area shall be used solely for the permitted purposes of a permit, issued by the US Army Corps of Engineers ("USACE") having a reference 4284 JOURNAL OF THE SENATE number of 200600422 (the "Permit") dated September 24, 2006 pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344) or Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 401) under the administrative regulatory authority of the USACE Savannah District, Regulatory Branch, setting forth authorization for certain restoration activities in waters of the United States. SECTION 126. That said restricted area shall be granted by a Declaration of Restrictive Covenant to the United States of America in form and substance acceptable to USACE, and that no title shall be conveyed to the United States of America and, except as herein specifically granted to the United States of America, all rights, title, and interest not granted in and to said restricted 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 United States of America. SECTION 127. That a subsequent release of the restrictive covenant by the United States of America 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 such release, the United States, or its successors and assigns, shall have the option of removing its improvements, if any, on the restricted area or leaving the same in place, in which event the improvements shall become the property of the State of Georgia, or its successors and assigns. SECTION 128. 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, or of a county with respect to the county road system or of a municipality with respect to the city street system. SECTION 129. That the restrictive covenant granted to the United States of America shall contain such other reasonable terms, conditions, and covenants acceptable to USACE as the State Properties Commission shall deem in the best interest 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 restricted area herein granted. SECTION 130. That the consideration for such Declaration of Restrictive Covenant shall be approval by USACE of the aforesaid Section 404 Permit numbered 200600422 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. FRIDAY, APRIL 4, 2008 4285 SECTION 131. That this Declaration of Restrictive Covenant shall be recorded by the State Properties Commission in the Superior Court of Troup County and the original forwarded to USACE with a recorded copy retained by the State Properties Commission. SECTION 132. That the authorization in this resolution to grant the above-described restrictive covenant to the United States of America shall expire three years after the date that this resolution becomes effective. SECTION 133. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the restricted area. ARTICLE XIX SECTION 134. That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property" "restricted area" or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission, and is more particularly described as follows: All those parts and parcels of land consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission; and which, upon final completion of certain roads, rights-of-way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 135. That the State of Georgia, acting by and through its State Properties Commission, may grant and convey to the City of West Point, or its successors and assigns, in fee simple, 19.989 acres, more or less, of real property for the purpose of construction, operation and maintenance of public service facilities, specifically a fire station and fire training area 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 real property is located in the City of West Point, Troup County, Georgia, and is more particularly described as follows: 4286 JOURNAL OF THE SENATE That part and parcel of land shown as Tract 6 on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission and more particularly described by a plat of survey prepared by Rochester and Associates, Inc., Georgia Registered Land Surveyors, dated November 30, 2007, and presented to the State Properties Commission for approval. SECTION 136. That, after the City of West Point has put into use the fire station and fire training area for which this property is conveyed, 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 West Point, or its successors and assigns, shall have the option of removing their facilities from the real property or leaving the same in place, in which event same shall become the property of the State of Georgia, or its successors and assigns. SECTION 137. 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, or of a county with respect to the county road system or of 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 138. That the real property granted to the City of West Point shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest 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 139. That the consideration for such real property shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 140. That the conveyance shall be recorded by the Grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission. FRIDAY, APRIL 4, 2008 4287 SECTION 141. That the authorization in this resolution to convey the above-described real property to the City of West Point shall expire three years after the date that this resolution becomes effective. SECTION 142. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the conveyance of the real property. ARTICLE XX SECTION 143. That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property" "restricted area" or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission, and is more particularly described as follows: All those parts and parcels of land consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008, and on file in the offices of the State Properties Commission; and which, upon final completion of certain roads, rights-of-way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 144. That the State of Georgia, acting by and through its State Properties Commission, may grant and convey to the City of West Point, or its successors and assigns, in fee simple, 1.945 acres, more or less, of real property for the purpose of construction, operation and maintenance of public service facilities, specifically a water tower and water service utility facility 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 real property is located in the City of West Point, Troup County, Georgia, and is more particularly described as follows: That part and parcel of land shown as Tract 7 on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008, and on file in the offices of the State Properties Commission 4288 JOURNAL OF THE SENATE and more particularly described by a plat of survey prepared by Rochester and Associates, Inc., Georgia Registered Land Surveyors, dated December 18, 2007, and presented to the State Properties Commission for approval. SECTION 145. That, after the City of West Point has put into use the water tower and water service utility facility for which this property is conveyed, 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 West Point, or its successors and assigns, shall have the option of removing their facilities from the real property or leaving the same in place, in which event same shall become the property of the State of Georgia, or its successors and assigns. SECTION 146. 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, or of a county with respect to the county road system or of 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 147. That the real property granted to the City of West Point shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest 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 148. That the consideration for such real property shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 149. That the conveyance shall be recorded by the Grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 150. That the authorization in this resolution to convey the above-described real property to the City of West Point shall expire three years after the date that this resolution becomes effective. FRIDAY, APRIL 4, 2008 4289 SECTION 151. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the conveyance of the real property. ARTICLE XXI SECTION 152. That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property" "restricted area" or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission, and is more particularly described as follows: All those parts and parcels of land consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission; and which, upon final completion of certain roads, rights-of-way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 153. That the State of Georgia, acting by and through its State Properties Commission, may grant and convey to the City of West Point, or its successors and assigns, in fee simple, public road rights-of-way for the purpose of construction, operation and maintenance of city streets. Said real property is located in the City of West Point, Troup County, Georgia, and is more particularly described as follows: Those parts and parcels of land shown Kia Parkway and Kia Boulevard lying and being on Tracts 1, 2, 3, 4, and 5 on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights-of-way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 154. That, after the City of West Point has put into use the city streets for which this property is conveyed, 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 West Point, or its successors and assigns, shall have the option of removing their facilities from the real 4290 JOURNAL OF THE SENATE property or leaving the same in place, in which event same shall become the property of the State of Georgia, or its successors and assigns. SECTION 155. 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, or of a county with respect to the county road 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 156. That the real property granted to the City of West Point shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest 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 157. That the consideration for such real property shall be $10.00 and the City of West Points abandonment of portions of Webb Road and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 158. That the conveyance shall be recorded by the grantee in the Superior Court of Troup County, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 159. That the authorization in this resolution to convey the above-described real property to the City of West Point shall expire three years after the date that this resolution becomes effective. SECTION 160. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the conveyance of the real property. ARTICLE XXII SECTION 161. That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property," "restricted area," or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or FRIDAY, APRIL 4, 2008 4291 easement area, the State of Georgia is acting by and through its State Properties Commission and is more particularly described as follows: All those parts and parcels of land consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 162. That the State of Georgia, acting by and through its State Properties Commission, may grant and convey to the Georgia Department of Transportation, or its successors and assigns, in fee simple, public road rights of way for the purpose of construction, operation, and maintenance of the interchange and entrance ramp to I-85 at Kia Boulevard. Said real property is located in the City of West Point, Troup County, Georgia, and is more particularly described as follows: Those parts and parcels of land shown as the southbound entrance ramp from Kia Boulevard onto I-85 lying and being on Tract 1 on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 163. That, after the Department of Transportation has put into use the interchange for which this property is conveyed, 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 Department of Transportation, or its successors and assigns, shall have the option of removing their facilities from the real property or leaving the same in place, in which event same shall become the property of the State of Georgia, or its successors and assigns. SECTION 164. 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. 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 4292 JOURNAL OF THE SENATE highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 165. That the real property granted to the Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest 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 166. That the consideration for such real property shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 167. That the conveyance shall be recorded by the grantee in the Superior Court of Troup County, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 168. That the authorization in this resolution to convey the above-described real property to the City of West Point shall expire three years after the date that this resolution becomes effective. SECTION 169. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the conveyance of the real property. ARTICLE XXIII SECTION 170. That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property," "restricted area," or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission and is more particularly described as follows: All those parts and parcels of land consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission; FRIDAY, APRIL 4, 2008 4293 and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 171. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of West Point, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of water and sewer lines on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating such water and sewer and sanitary sewer lines together with the right of ingress and egress over adjacent land of the State of Georgia. Said real property is located in the City of West Point, Troup County, Georgia, and is more particularly described as follows: Those parts and parcels of land shown identified as water, sewer, and storm sewer easements, of approximately 50 feet in width, lying and being on Tracts 1, 2, 3, 4, 5, 6, and 7 on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008, and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 172. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said water, sanitary, and storm sewer lines to include valves, hydrants, sanitary sewers, force mains, and lift stations. SECTION 173. That the City of West Point 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 water, sanitary and storm sewer lines. SECTION 174. That, after the City of West Point has put into use the water, sanitary, and storm sewer lines 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 West Point, 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. 4294 JOURNAL OF THE SENATE SECTION 175. That no title shall be conveyed to the City of West Point, and, except as herein specifically granted to the City of West Point, 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 City of West Point. SECTION 176. 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 or of a county with respect to the county road system or of 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 177. 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 City of West Point 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 West Point. 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 178. That the easement granted to the City of West Point shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest 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 179. That the consideration for such easement shall be for $10.00, and the exchange of the FRIDAY, APRIL 4, 2008 4295 City of West Points existing water and sewer lines over the property and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 180. That this grant of easement shall be recorded by the grantee in the Superior Court of Troup County, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 181. That the authorization in this resolution to grant the above-described easement to the City of West Point shall expire three years after the date that this resolution becomes effective. SECTION 182. 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 XXIV SECTION 183. That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property," "restricted area," or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission and is more particularly described as follows: All those parts and parcels of land consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 184. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of LaGrange, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of gas lines on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating such gas lines together with the right of ingress and egress over adjacent land of the State of Georgia. Said real property is located in Troup County, Georgia, and is more particularly described as follows: 4296 JOURNAL OF THE SENATE Those parts and parcels of land shown identified as natural gas line easements, of approximately 50 feet in width, lying and being on Tracts 1, 2, 3, 4, 5, 6, and 7 on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008, and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 185. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said gas lines to include mains, valves, and appurtenances. SECTION 186. That the City of LaGrange 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 gas lines. SECTION 187. That, after the City of LaGrange, has put into use the gas lines 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 LaGrange 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 188. That no title shall be conveyed to the City of LaGrange, and, except as herein specifically granted to the City of LaGrange, 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 City of LaGrange. SECTION 189. 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 or of a county with respect to the county road system or of 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. FRIDAY, APRIL 4, 2008 4297 SECTION 190. 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 City of LaGrange 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 LaGrange. 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 191. That the easement granted to the City of LaGrange shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest 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 192. That the consideration for such easement shall be for $10.00, and the exchange of the City of LaGranges existing gas lines over the property and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 193. That this grant of easement shall be recorded by the grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 194. That the authorization in this resolution to grant the above-described easement to the City of LaGrange shall expire three years after the date that this resolution becomes effective. SECTION 195. 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. 4298 JOURNAL OF THE SENATE ARTICLE XXV SECTION 196. That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property," "restricted area," or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission, and is more particularly described as follows: All those parts and parcels of land consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008, and on file in the offices of the State Properties Commission; and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 197. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical transmission lines, substations, and service lines, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating such electric utilities together with the right of ingress and egress over adjacent land of the State of Georgia. Said real property is located in Troup County, Georgia, and is more particularly described as follows: Those parts and parcels of land shown identified as electric utility easements, of approximately 100 feet in width for transmission lines and 50 feet in width for service lines, lying and being on Tracts 1, 2, 3, 4, 5, 6, and 7 on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 198. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electric transmission lines, substations, service lines, and appurtenances. FRIDAY, APRIL 4, 2008 4299 SECTION 199. 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 electric utilities. SECTION 200. That, after the Georgia Power Company has put into use the electric utilities for which this easement is granted, a subsequent abandonment of the use of the service lines thereof, but not the transmission lines and substations, 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 that are used for service lines. Upon abandonment, the Georgia Power Company or its successors and assigns, shall have the option of removing its facilities from the service lines 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 201. That no title shall be conveyed to the Georgia Power Company, and, except as herein specifically granted to the 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 the Georgia Power Company. SECTION 202. 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, or of a county with respect to the county road system or of 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 203. 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 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 4300 JOURNAL OF THE SENATE expense, not to exceed by 20 percent the amount of a written estimate provided by the 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 204. That the easement granted to the Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest 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 205. That the consideration for such easement shall be for $10.00, and the exchange of the Georgia Power Companys existing electric transmission lines and substations over the property and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 206. That this grant of easement shall be recorded by the grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 207. That the authorization in this resolution to grant the above-described easement to the Georgia Power Company shall expire three years after the date that this resolution becomes effective. SECTION 208. 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 XXVI SECTION 209. That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property," "restricted area," or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission, and is more particularly described as follows: All those parts and parcels of land consisting of approximately 2,259 acres, more FRIDAY, APRIL 4, 2008 4301 or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission; and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 210. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Diverse Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical transmission lines, substations, and service lines, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating such electric utilities together with the right of ingress and egress over adjacent land of the State of Georgia Said real property is located in Troup County, Georgia, and is more particularly described as follows: Those parts and parcels of land shown identified as electric utility easements, of approximately 100 feet in width for transmission lines and 50 feet in width for service lines, lying and being on Tracts 1, 2, 3, 4, 5, 6, and 7 on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 211. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electric transmission lines, substations, service lines, and appurtenances. SECTION 212. That the Diverse 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 electric utilities. SECTION 213. That, after the Diverse Power Company has put into use the electric utilities for which this easement is granted, a subsequent abandonment of the use of the service lines thereof, but not the transmission lines and substations, shall cause a reversion to the State 4302 JOURNAL OF THE SENATE of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein that are used for service lines. Upon abandonment, the Diverse Power Company or its successors and assigns, shall have the option of removing its facilities from the service lines 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 214. That no title shall be conveyed to the Diverse Power Company, and, except as herein specifically granted to the Diverse 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 the Diverse Power Company. SECTION 215. 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, or of a county with respect to the county road system or of 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 216. 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 Diverse 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 the Diverse 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 217. That the easement granted to the Diverse Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall FRIDAY, APRIL 4, 2008 4303 deem in the best interest 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 218. That the consideration for such easement shall be for $10.00, and the exchange of the Diverse Power Companys existing electric transmission lines and substations over the property and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 219. That this grant of easement shall be recorded by the grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 220. That the authorization in this resolution to grant the above-described easement to the Diverse Power Company shall expire three years after the date that this resolution becomes effective. SECTION 221. 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 XXVII SECTION 222. That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property," "restricted area," or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission, and is more particularly described as follows: All those parts and parcels of land consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission; and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 223. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Interstate Telephone Company, or its successors and assigns, a nonexclusive 4304 JOURNAL OF THE SENATE easement for the construction, operation, and maintenance of a telephone service line and equipment facility, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating such telephone utilities together with the right of ingress and egress over adjacent land of the State of Georgia Said real property is located in Troup County, Georgia, and is more particularly described as follows: Those parts and parcels of land shown identified as telephone utility easements, of approximately 500 square feet in the northeast corner of Tract 5 adjacent to Gabbettville Road on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 224. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said telephone utility. SECTION 225. That the Interstate Telephone 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 telephone utility. SECTION 226. That, after the Interstate Telephone Company has put into use the telephone utility 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 that are used for service lines. Upon abandonment, the Interstate Telephone Company or its successors and assigns, shall have the option of removing its facilities from the service lines 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 227. That no title shall be conveyed to the Interstate Telephone Company, and, except as herein specifically granted to the Interstate Telephone 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 the Interstate Telephone Company. FRIDAY, APRIL 4, 2008 4305 SECTION 228. 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, or of a county with respect to the county road system or of 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 229. 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 Interstate Telephone 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 the Interstate Telephone 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 230. That the easement granted to the Interstate Telephone Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest 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 231. 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 interest of the State of Georgia. SECTION 232. That this grant of easement shall be recorded by the grantee in the Superior Court of 4306 JOURNAL OF THE SENATE Troup County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 233. That the authorization in this resolution to grant the above-described easement to the Interstate Telephone Company shall expire three years after the date that this resolution becomes effective. ARTICLE XXVIII SECTION 234. That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval. SECTION 235. That all laws and parts of laws in conflict with this resolution are repealed. Senator Grant of the 25th moved that the Senate agree to the House substitute to SR 1012. On the motion, a roll call was taken and the vote was as follows: Adelman Y Balfour Y Brown Bulloch Butler Y Carter Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack C Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Me V Bremen Y Moody C Mullis E Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D C Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Thomas,R Y Thompson,C Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 1012. FRIDAY, APRIL 4, 2008 4307 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 16. By Senators Rogers of the 21st, Pearson of the 51st, Goggans of the 7th, Heath of the 31st, Carter of the 13th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 4 of the O.C.G.A., 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 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. SB 382. By Senators Heath of the 31st and Tolleson of the 20th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing, so as to change certain provisions relating to game and fish license, permit, tag, and stamp fees; to provide effective dates; to repeal conflicting laws; and for other purposes. Senator Grant of the 25th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 488. By Senators Rogers of the 21st, Pearson of the 51st, Orrock of the 36th, Adelman of the 42nd and Hill of the 32nd: 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 allow foreign nationals to keep their license from their home country; to exempt nonresidents from getting a 4308 JOURNAL OF THE SENATE Georgia license as long as they meet all licensing requirements in Georgia except for residency; to provide that verification of lawful presence in the United States is necessary to receive a temporary drivers license; to provide that the maximum term of a temporary license is three years; 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 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to allow foreign nationals to keep their license from their home country; to exempt nonresidents from getting a Georgia license as long as they meet all licensing requirements in Georgia except for residency; to provide that certain foreign nationals also have in their immediate possession an international driving permit; to provide that verification of lawful presence in the United States is necessary to receive a temporary drivers license; to provide that the maximum term of a temporary license is three years; to provide for retention of personal identification cards by noncitizens in certain circumstances; 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 5 of Title 40 of the Official Code of Georgia Annotated, relating drivers licenses, is amended by revising subsection (c) of Code Section 40-5-20, relating to the requirement to have a license, as follows: "(c)(1) Except as provided in paragraph (2) of this subsection and in Code Section 40-5-32, no No person shall receive a drivers license unless and until such person surrenders to the department all valid licenses in such persons possession issued to him or her by this or any other jurisdiction, except as otherwise provided by Code Section 40-5-32. All surrendered licenses issued by another jurisdiction shall be destroyed. The license information shall be forwarded to the previous jurisdiction. No person shall be permitted to have more than one valid drivers license at any time. (2) Any noncitizen who is eligible for issuance of a drivers license pursuant to the requirements of this chapter may be issued a drivers license without surrendering any drivers license previously issued to him or her by any foreign jurisdiction. This exemption shall not apply to a person who is applying for a commercial drivers license or who is required to terminate any previously issued drivers license pursuant to federal law. The department shall make a notation on the driving record of any person who retains a foreign drivers license, and this information shall be made FRIDAY, APRIL 4, 2008 4309 available to law enforcement officers and agencies on such persons driving record through the Georgia Crime Information Center." SECTION 2. Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section 40-5-21, relating to exemptions from the requirements of obtaining a Georgia drivers license, as follows: "(2) A nonresident who is at least 16 years of age and who has in his or her immediate possession a valid drivers license issued to him or her in his or her home state or country; provided, however, that any restrictions which would apply to such person would otherwise satisfy all requirements to receive a Georgia drivers license as a matter of law would apply to the privilege afforded to the out-of-state license and, if such nonresident drivers license is in a language other than English, the nonresident also has in his or her immediate possession a valid international driving permit which conforms to and has been issued in accordance with the provisions of the Convention on Road Traffic, 3 U.S.T. 3008, TIAS 2487, or any similar such treaty, international agreement, or reciprocal agreement between the United States and a foreign nation concerning driving privileges of nonresidents;" SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 40-5-21.1, relating to temporary licenses, permits, or special identification cards, as follows: "(a) Notwithstanding any other provision of this title, an applicant who presents in person valid documentary evidence of: (1) Admission to the United States in a valid, unexpired nonimmigrant status; (2) A pending or approved application for asylum in the United States; (3) Admission into the United States in refugee status; (4) An approved application for temporary protected status in the United States; (5) Approved deferred action status; or (6) Other federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law; or (7) Verification of lawful presence as provided by Code Section 40-5-21.2 may be issued a temporary license, permit, or special identification card. Such temporary license, permit, or special identification card shall be valid only during the period of time of the applicants authorized stay in the United States or three years, whichever occurs first." SECTION 4. Said chapter is further amended by revising subsection (b) of Code Section 40-5-21.2, relating to compliance with the Systematic Alien Verification for Entitlements Program, as follows: "(b) The department shall not issue utilize the following procedures in this subsection 4310 JOURNAL OF THE SENATE before issuing an identification card, license, permit, or other official document to an applicant who is a noncitizen until the applicant has been confirmed through the SAVE Program to be lawfully present in the United States.: (1) The department shall attempt to confirm through the SAVE program that the applicant is lawfully present in the United States; and (2) If the SAVE program does provide sufficient information to the department to make a determination, the department shall be authorized to accept verbal or e-mail confirmation of the legal status of the applicant from the Department of Homeland Security." SECTION 5. Said chapter is further amended by revising subsection (c) and adding a new subsection to Code Section 40-5-100, relating to personal identification cards, as follows: "(c)(1) No person may possess more than one identification card issued pursuant to this Code section; provided, however, that this subsection shall not be construed to prevent a resident of this state who possesses a drivers license from also possessing an identification card issued under this article. (2) Except as provided in paragraph (3) of this subsection, each Each applicant for an identification card shall surrender any identification card or drivers license previously issued by any other state and any identification card previously issued by this state. (3)(A) Any noncitizen who is eligible for issuance of an identification card pursuant to the requirements of this chapter may be issued an identification card without surrendering any drivers license or identification card previously issued to him or her by any foreign jurisdiction. This exemption shall not apply to a person who is required to terminate any previously issued identification card pursuant to federal law. (B) The department shall make a notation on the driving record of any person who retains a foreign identification card or drivers license, and this information shall be made available to law enforcement officers and agencies on such persons driving record through the Georgia Crime Information Center. (4) Willful failure to surrender any such previous drivers license or personal identification card upon application for a new personal identification card will be considered an act of fraud and upon conviction be punished as provided for in Code Section 40-5-125. (d) An application for identification card renewal may be submitted by: (1) Personal appearance before the department; or (2) Subject to rules or regulations of the department which shall be consistent with considerations of public safety and efficiency of service to customers, means other than such personal appearance which may include without limitation by mail or electronically. The department may by such rules or regulations exempt persons renewing identification cards under this paragraph from the surrender requirement in this Code section." FRIDAY, APRIL 4, 2008 4311 SECTION 6. This Act shall become effective on January 1, 2009. SECTION 7. 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 488. On the motion, a roll call was taken and the vote was as follows: Y Adelman Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden E Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack C Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Me V Bremen Y Moody C Mullis Y Murphy N Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Shafer,D C Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Thomas,R Thompson,C Thompson,S E Tolleson Y Unterman Weber Y Wiles Y Williams (PRS) On the motion, the yeas were 41, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 488. Senator Chance of the 16th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: HB 926. By Representatives O`Neal of the 146th and Rogers of the 21st: A BILL to be entitled an Act to amend Code Section 48-1-2 of the Official Code of Georgia Annotated, relating to definitions regarding revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal 4312 JOURNAL OF THE SENATE Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to provide for an effective date; to provide applicability; to repeal conflicting laws; and for other purposes. Senator Rogers of the 21st moved that the Senate recede from its substitute to HB 926. On the motion, a roll call was taken and the vote was as follows: Y Adelman Balfour Y Brown Y Bulloch Y Butler Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden E Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack C Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson Y Jones Me V Bremen Y Moody C Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver Tate Y Thomas,D N Thomas,R Y Thompson,C Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 41, nays 1; the motion prevailed, and the Senate receded from its substitute to HB 926. The following bill was taken up to consider House action thereto: SB 328. By Senators Heath of the 31st, Schaefer of the 50th and Murphy of the 27th: 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 a short title; to provide that persons who first or again become a member of such retirement system on or after July 1, 2008, shall have accounts in the state deferred compensation plan; to provide for an employer contribution; to provide for rules and regulations; to reduce the percent of a members compensation used to calculate a retirement benefit from 2 percent to 1 percent; to provide for applicability; to provide conditions FRIDAY, APRIL 4, 2008 4313 for an effective date and automatic repeal; 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 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, so as to provide for retirement provisions applicable to persons who first or again become members on or after January 1, 2009; to provide a short title; to provide for a service retirement allowance; to provide for employee and employer contributions; to provide for an option of coverage for current members; to provide for a calculation of benefits; to provide for the applicability of certain provisions; to provide that only membership service shall constitute creditable service except in certain circumstances; to provide for the calculation of disability and death benefits; to provide for the examination and reexamination of disability beneficiaries; to create a defined contribution plan available to such members; to define certain terms; to provide for employer and employee contributions; to provide for vesting; to provide for forfeiture; to provide for administration; to amend Code Section 47-19-10 of the Official Code of Georgia Annotated, relating to directors of the State Employees Assurance Department, establishment of retired and vested inactive members trust fund, establishment of active members fund, management of assets, and contributions irrevocable, so as to provide that such funds may not be expended for any purpose other than the provision of survivors benefit coverage; to amend Article 4 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable under the Georgia Judicial Retirement System, so as to provide that a 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 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 adding a new article to read as follows: "ARTICLE 10 47-2-350. This article shall be known and may be cited as the 'Georgia State Employees Pension 4314 JOURNAL OF THE SENATE and Savings Plan.' 47-2-351. (a) Except where indicated clearly to the contrary by the context, the word 'member' as used in this article shall mean any employee who first or again becomes a member of the Employees Retirement System of Georgia on or after January 1, 2009. From and after January 1, 2009, every person first or again becoming an employee entitled to a new membership in the Employees Retirement System of Georgia shall become a member subject to this article. Any provision of this chapter providing that a class of employees shall be subject to Code Section 47-2-334 shall be deemed to have been amended by this subsection. (b) Membership under this article shall be optional for any persons who are within the membership of the Employees Retirement System of Georgia on December 31, 2008. Any such persons may elect in writing on a form to be provided by the board of trustees to become a member subject to this article at any time on or after January 1, 2009. This written election shall become effective upon the approval of the application by the board of trustees as provided in rules and regulations promulgated by the board of trustees and shall be final and cannot be later changed or rescinded. Upon such election, a member shall be subject to all the provisions, terms, and conditions of this article; provided, however, that the calculation to determine retirement allowances for any person exercising such option shall be made as follows: (1) The retirement allowance shall be computed fully as if all creditable service of the member were acquired and calculated under the provisions of this article; (2) Then the retirement allowance shall also be computed fully as if all creditable service of the member were acquired and calculated under the provisions of this chapter contained other than in this article and the rules and regulations of the board of trustees; (3) Then a benefit amount shall be determined based upon a fractional part of each retirement allowance computed in paragraphs (1) and (2) of this subsection, which fractional part shall be computed by using the actual years of creditable service established under either this article, for paragraph (1) of this subsection, or the provisions of this chapter contained other than in this article, for paragraph (2) of this subsection, which number of years shall be the numerator of the fraction, over the total actual years of creditable service established under both this article and the provisions of this chapter contained other than in this article, which number shall be the denominator of the fraction; (4) The two benefit amounts so determined shall then be added together to produce the actual retirement allowance; and (5) Projected years of service shall not be used in the computation of the retirement allowances under this subsection. 47-2-352. (a) Every member subject to this article shall contribute employee membership FRIDAY, APRIL 4, 2008 4315 contributions in an amount equal to 1 1/4 percent of earnable compensation, which shall be deducted by each employer from the earnable compensation of each member for each and every payroll period and paid monthly to the board of trustees. Such amount shall be credited to the individual accounts of the members in the annuity savings fund. (b) From and after January 1, 2009, each employer shall pay monthly to the board of trustees, on behalf of each member subject to this article, the aggregate of employer and employee contributions required by this chapter. With respect to members subject to this article, no employer contributions shall be considered as accumulated contributions of the member and none shall be eligible for withdrawal by the member upon cessation of state service. Such amount shall be credited to the pension accumulation fund. 47-2-353. Every member subject to this article shall, upon becoming eligible under the provisions of this chapter, be entitled to a service retirement allowance, which shall consist of: (1) An annuity which shall be the actuarial equivalent of the members accumulated contributions at the time of retirement; and (2) A monthly pension which, together with the annuity, shall provide a total retirement allowance equal to 1.0 percent, or such future amount up to 2 percent to be set by the board of trustees in direct relation to any increased appropriations provided by the General Assembly expressly for such increase, of the members highest average monthly earnable compensation during a period of 24 consecutive calendar months while a member of the retirement system, multiplied by the number of the members years of creditable service. 47-2-354. (a) Members subject to this article shall be subject to the following conditions: (1) The following provisions shall not be applicable to members subject to this article: (A) Subsection (d) of Code Section 47-2-120; (B) Paragraph (1) of subsection (c) of Code Section 47-2-123; (C) Code Section 47-2-124; and (D) Code Section 47-2-334; (2) Except as provided in Chapter 1 of this title and in Code Sections 47-2-99 and 472-100, no service shall constitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions is made pursuant to Code Section 47-2-352. The provisions of this paragraph shall not affect the transfer of creditable service between public retirement systems created by this title under such conditions as are now or may hereafter be provided by law; (3) The provisions of Code Section 47-2-91 shall be applicable to members subject to this article; provided, however, that such benefits shall be subject to reduction or repeal by subsequent legislation and shall not be considered an element of any contract of employment; (4) Disability benefits shall be calculated as provided in paragraph (2) of subsection 4316 JOURNAL OF THE SENATE (c) of Code Section 47-2-123; provided, however, that the disability benefits of persons entitled to the provisions of Code Section 47-2-221 shall be calculated as provided in such Code section but with the benefit computed on 1 percent of the members monthly earnable compensation; (5) Members subject to the provisions of this article shall not be entitled to group term life insurance coverage pursuant to Code Section 47-2-128 or 47-2-129; (6) Members subject to Code Section 47-2-244 shall be entitled to the provisions of such Code section; and (7) Members subject to the provisions of Code Section 47-2-223 or 47-2-224 shall be entitled to retire as provided in subsection (b) of each such Code section but shall receive a monthly benefit based on 1 percent of his or her highest average compensation rather than the percentage stated in such subsections. (b) All members subject to this article shall have and be subject to all other rights, privileges, obligations, and duties specified by other provisions of this chapter, and all such other provisions shall be of full force and effect with respect to any matter not specifically provided for in this article. 47-2-355. (a)(1) Subject to the provisions of paragraphs (2) through (5) of this subsection, any member in service who has at least 15 years of creditable service who become disabled in service before becoming eligible to receive a service retirement allowance 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 FRIDAY, APRIL 4, 2008 4317 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 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. (b) Any member who has at least 15 years of creditable service and who becomes disabled in service before becoming eligible to receive a service retirement allowance shall be eligible to retire forthwith without regard to age and to receive the equivalent of a service retirement allowance calculated upon the number of years of creditable service attained to the date of retirement and based upon his or her highest average monthly compensation during a period of 24 consecutive calendar months while a 4318 JOURNAL OF THE SENATE member of the retirement system. No member who is eligible to receive a service retirement benefit shall be eligible to apply for or receive a disability benefit. (c)(1) Once each year during the first five years following the retirement of a member on a disability retirement allowance and once in every three-year period thereafter, the board of trustees may require a disability beneficiary who has not yet attained retirement age as specified in subsection (a) of Code Section 47-2-110 to undergo a medical examination, such examination to be made at a place designated by the board, by physicians designated by the medical board. The disability beneficiary may request such an examination. Should any disability beneficiary who has not yet attained retirement age refuse to submit to such medical examination, the pension of such disability beneficiary may be discontinued by the board of trustees until the withdrawal of such refusal; and should the refusal continue for one year, all rights of the disability beneficiary in and to a pension may be revoked by the board of trustees. Should the medical board report and certify to the board of trustees that a disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between the disability beneficiarys retirement allowance and the earnable compensation used to calculate the disability retirement allowance at the time of retirement, the board of trustees may reduce the disability beneficiarys pension to an amount which, together with the disability beneficiarys annuity and the amount earnable by the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement. Should the disability beneficiarys earning capacity be later changed, the amount of the pension may be further modified, provided that the modified pension shall not exceed an amount which, together with the disability beneficiarys annuity and the amount earnable by the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement. (2) The board of trustees may require a disability beneficiary who has not yet attained retirement age as specified in subsection (a) of Code Section 47-2-110 to provide information relevant to any provision of this chapter relating to his or her entitlement to receive a disability retirement. Should any disability beneficiary who has not yet attained retirement age refuse to submit any such information so requested, the board of trustees may suspend the retirement allowance of such disability beneficiary until such information is provided. Should the board of trustees receive information from any source that a disability beneficiary is engaged in an occupation paying more than the difference between the disability beneficiarys retirement allowance and the earnable compensation used to calculate the disability retirement allowance at the time of retirement, the board of trustees may reduce the disability beneficiarys pension to an amount which, together with the disability beneficiarys annuity and the amount earnable by the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement. Should the disability beneficiarys earnings later be changed, the amount of the pension may be further modified, provided that the modified pension shall not exceed an amount which, together with the disability beneficiarys annuity and the amount earnable by FRIDAY, APRIL 4, 2008 4319 the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement. 47-2-356. (a) Any member who has at least 15 years of creditable service and who dies in service before becoming eligible for a service retirement shall be eligible to retire forthwith without regard to age and to receive the equivalent of a service retirement allowance calculated upon the number of years of creditable service attained to the date of retirement and based upon his or her highest average monthly compensation during a period of 24 consecutive calendar months while a member of the retirement system. Any member who dies in service after becoming eligible for a service retirement shall be eligible to retire forthwith to receive a service retirement allowance. (b) In the application of this subsection to death allowances, computations of retirement allowances shall be made on the same basis as though option two had been in effect. In lieu of the amount of death allowance otherwise payable to the beneficiary under option two, the member, upon written request, may at any time elect a reduced level death allowance of equivalent actuarial value, which allowance is payable to the beneficiary during a period of years certain or to the estate of the beneficiary and during the lifetime of such named beneficiary thereafter. At the election of the member, in case of death of the beneficiary during a term of years certain, the balance of the years certain payments may be paid to the estate of the member; but if such beneficiary predeceases the member, the total amount of the members contributions to the date of his or her death shall be payable to the members estate. The method of determining the equivalent actuarial value shall be consistent with the actuarial method of determining the beneficiarys death allowance under option two. 47-2-357. (a) As used in this Code section, the term: (1) '401(k)' means the deferred compensation plan offered by the state for public employees pursuant to Article 3 of Chapter 18 of Title 45 utilizing Section 401(k) of the federal Internal Revenue Code. (2) 'Plan' means the employee savings plan created by this article. (b) Each member shall, at the time of becoming a member, be automatically enrolled in the plan; provided, however, that the member shall have a period of 90 days from the date of enrollment to withdraw from the plan. Such withdrawal shall be made in writing to the board of trustees in such form as the board prescribes and any employee account balance shall be returned to the member. Thereafter, participation in the plan shall be voluntary. The member may not withdraw from the plan so long as he or she remains eligible to participate in the 401(k) plan offered by the state. Members shall be entitled to an employer contribution as follows: (1) For each pay period, each member shall contribute 1 percent of his or her compensation into his or her 401(k) account and the employer shall contribute an equal amount into his or her 401(k) account; 4320 JOURNAL OF THE SENATE (2) After the 1 percent level provided for in paragraph (1) of this subsection has been met, the employer shall contribute an amount equal to 50 percent of such amount as the member chooses to contribute, up to an additional 2 percent of the members compensation; and (3) The member may make such additional contributions as he or she wishes, subject to limitations imposed by federal law. (4) The board of trustees shall apportion the costs of administering the plan among the employers and members on the basis of the normal costs of administration against any special services requested by any member. (c) All contributions by participating members are 100 percent vested and shall be maintained in an account and invested based on the participants investment allocation choices. All employer contributed amounts credited to a members account shall be maintained as a matching contribution subaccount and invested based on the participants investment allocation choices. Any and all amounts credited to a members matching contribution subaccount, including applicable earnings and investment appreciation or depreciation, shall become vested and nonforfeitable based on the number of employment service years completed and in accordance with the vesting schedule set forth below: Years of Service Employer Nonforfeitable Vested Percentage 1 20 2 40 3 60 4 80 5 100 Upon separation from service for greater than 31 days, the portion of such matching contribution subaccount not so vested shall be transferred from the members account into a temporary plan forfeiture accumulation account for future disposition as determined by the board of trustees. A break in service less than 32 days shall not affect vesting rights. (d) Members electing to be governed by the provisions of this article pursuant to subsection (b) of Code Section 47-2-351 shall use their date of election as the beginning date for purposes of calculating their vesting service for the employer contribution as provided in subsection (c) of this Code section used to calculate the vesting requirements of subsection (c) of this Code section, except that service as provided under Code Section 47-2-91 shall not constitute creditable service for this purpose. 47-2-358. This article shall not be construed and is not intended to have any effect whatsoever on FRIDAY, APRIL 4, 2008 4321 persons within the membership of the Employees Retirement System of Georgia on December 31, 2008, who do not elect in writing to become members subject to this article. 47-2-359. The provisions of this article shall control over conflicting or inconsistent provisions of this chapter or any other law of this state. It is the intention of the General Assembly that this article has not been and may not be repealed, superseded, or modified by implication through the enactment of any other law or through the amendment of any other provision of this chapter or any other existing law, and any modification or repeal of any provision of this article may be accomplished only by reference or amendment to or repeal of this specific article. 47-2-360. The board of trustees shall have the responsibility of administering the provisions of this article and shall promulgate such rules and regulations as are necessary to carry out the provisions of this article." SECTION 2. Code Section 47-19-10 of the Official Code of Georgia Annotated, relating to directors of the State Employees Assurance Department, establishment of retired and vested inactive members trust fund, establishment of active members fund, management of assets, and contributions irrevocable, is amended by adding a new subsection to read as follows: "(f) No moneys in either the retired and vested inactive members trust fund or the active members fund established by subsection (b) of this Code section shall transferred or be expended for any purpose other than the payment of benefits and expenses necessary for the maintaining of survivors benefit coverage prior to July 1, 2009, without express legislative enactment." SECTION 3. Article 4 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable under the Georgia Judicial Retirement System, is amended by adding a new Code section to read as follows: "47-23-65. Any superior court judge or district attorney who is an active member of this retirement system may receive up to five years of creditable service for his or her past service as a circuit-paid assistant district attorney who was not eligible to participate in a local retirement plan upon payment to the board of trustees of an amount which will allow such creditable service without creating any accrued actuarial unfunded liability as to this retirement system. Any member desiring such creditable service shall make application to the board of trustees in such form as the board deems appropriate, provide such proof of eligible prior service as the board deems necessary, and make full payment not later than December 31, 2008, or within six months of first or again 4322 JOURNAL OF THE SENATE becoming a member, whichever is later. No creditable service shall be allowed under this Code section for any period of employment for which creditable service is allowed under any provision of any other retirement or pension system of this state or of any political subdivision of this state." SECTION 4. This Act shall become effective on July 1, 2008, 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, 2008, as required by subsection (a) of Code Section 47-20-50. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 March 28, 2008 The Honorable Ben Bridges, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to SB 328 (LC 21 9929S) Dear Chairman Bridges: This bill would create the "Georgia State Employees' Pension and Savings Plan" and would affect persons who first or again become members of the Employees' Retirement System on or after January 1, 2009. Under the provisions of this substitute bill, such members would initially receive a retirement allowance equal to 1 percent of their highest FRIDAY, APRIL 4, 2008 4323 average monthly compensation during a period of 24 consecutive calendar months multiplied by the member's years of creditable service. This substitute bill would authorize the board of trustees to set future retirement allowances up to 2 percent, provided such allowance is in direct relation to any increased appropriations by the General Assembly expressly for such increase. Benefits paid to persons who are already members on December 31, 2008 would continue to be calculated based on 2 percent of their compensation. This bill also provides for an additional benefit through optional participation in a deferred compensation plan offered by the State for public employees. Members covered by this proposed plan could also receive up to 3% contribution from the State, provided the employee contributes 5% of his or her compensation into the plan. Members would be authorized to make contributions greater than 5%. Members who participate in this plan would be vested at a rate of 20% per year, and be fully vested after five years of service. Additionally, this bill includes provisions to allow existing members to elect participation in this proposed plan. Members who make this election would have their retirement benefits computed on a prorated basis. Furthermore, this substitute bill includes provisions relating to disability benefits for persons covered under the "Georgia State Employees' Pension and Savings Fund" and specifies that members covered by this proposed plan would not be entitled to group term life insurance coverage under the Employees' Retirement System. Furthermore, this bill revises provisions relating to the State Employees' Assurance Department. Specifically, this provision would specify that no moneys in either the retired and vested inactive members trust fund or the active members fund which include assets relating to group term life insurance shall be transferred or be expended for any purpose other than the prepayment of benefits and expenses necessary for maintaining survivors benefit coverage prior to July 1, 2009, without express legislative enactment. This bill also adds provisions relating to creditable service under the Georgia Judicial Retirement System. Specifically, this bill would allow any superior court judge or district attorney who is a member of the System to obtain up to five years of creditable service for past service as a circuit-paid assistant district attorney, provided such member was not eligible to participate in a local retirement plan. Under the provisions of this substitute bill, members wishing to obtain such creditable service would be required to pay the full actuarial cost of such service and would be required to provide the necessary proof of eligible service. Payments must be made to the Board of Trustees by December 31, 2008 or within six months of first or again becoming a member of the System, whichever is later. This is to certify that the changes made in this substitute bill are nonfiscal amendments as 4324 JOURNAL OF THE SENATE defined in the Public Retirement Systems Standards Law. It should be noted that the actuarial investigation and State Auditor's Summary for Senate Bill 328 (LC 21 9867S) would apply to the provisions of this bill that relate to the Employees' Retirement System. The retirement certification for House Bill 545 (LC 21 9801S) and the actuarial investigation and State Auditor's Summary for House Bill 545 (LC 21 9269) would apply to the provisions of this bill that relate to the Judicial Retirement System. Copies of these documents are attached. Respectfully, /s/ Russell W. Hinton State Auditor Senator Heath of the 31st moved that the Senate agree to the House substitute to SB 328. 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 Carter E Chance Y Chapman Y Cowsert Y Davenport Douglas Fort Y Goggans Y Golden E Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack C Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody C Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Smith Y Staton C Stoner Y Tarver Tate Y Thomas,D N Thomas,R Thompson,C Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the motion, the yeas were 40, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 328. The following bill was taken up to consider House action thereto: FRIDAY, APRIL 4, 2008 4325 SB 181. By Senator Carter of the 13th: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to provide for the imposition of a 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 House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to provide for the imposition of a fee by motor vehicle and other vehicle rental companies with respect to certain 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, is amended by adding a new Code section to read as follows: "40-2-167. (a) As used in this Code section, the term: (1) 'Motor vehicle rental company' means an individual or business entity whose business activity is renting motor vehicles to consumers under rental agreements for periods of 90 days or less or renting 'heavy-duty equipment motor vehicles' as such term is defined in Code Section 48-5-505. (2) 'Recoverable facility charges' means governmental and private concession fees, including airport concession fees, consolidated facility charges, and the fees and charges incurred thereon, actually paid by a motor vehicle rental company. (3) 'Recoverable fees and taxes' means costs incurred by a motor vehicle rental company to license, title, register, plate, and inspect rental motor vehicles and ad valorem taxes imposed in connection with the registration of rental motor vehicles or a 1 1/2 percent property tax recovery fee on 'heavy-duty equipment motor vehicles' as 4326 JOURNAL OF THE SENATE such term is defined in Code Section 48-5-505. (4) 'Rental agreement' means an agreement under which a rental motor vehicle is rented or leased. (5) 'Rental motor vehicle' means a motor vehicle that is rented or leased without a driver. (b) Pursuant to a written rental agreement between a motor vehicle rental company and a rental customer, a motor vehicle rental company may include separately stated fees in a rental agreement, which may include, but shall not be limited to, recoverable facility charges and recoverable fees and taxes, as provided in this Code section. (c) If a motor vehicle rental company includes a charge for recoverable fees and taxes as a separately stated fee in a rental transaction disclosed on the rental agreement, the amount of the charge shall represent the motor vehicle rental companys good faith estimate of the motor vehicle rental companys daily charge as calculated by the motor vehicle rental company to recover its actual total annual recoverable fees and taxes on its rental motor vehicle fleet for the corresponding calendar year. (d) If the total amount of the recoverable fees and taxes collected by a motor vehicle rental company under this Code section in any calendar year exceeds the motor vehicle rental companys actual recoverable fees and taxes for that calendar year, the motor vehicle rental company shall: (1) Retain the excess amount; and (2) Adjust the estimated average per vehicle fee for recoverable fees and taxes for the following calendar year by a corresponding amount. Nothing herein shall prevent a motor vehicle rental company from making adjustments to the per vehicle recoverable fees and taxes charge during the calendar year to reflect interim developments affecting the motor vehicle rental companys prior estimated per vehicle fee for such calendar year. (e) The property tax recovery fee may be assessed if the motor vehicle rental company includes the fee as a separately stated fee on its rental agreement. (f) The recovery fee authorized by this Code section for recoverable fees and taxes shall be subject to state and local sales and use tax in the manner and to the same extent as the fee charged for the lease or rental of the rental motor vehicle." 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 Carter of the 13th moved that the Senate agree to the House substitute to SB 181. On the motion, a roll call was taken and the vote was as follows: FRIDAY, APRIL 4, 2008 4327 Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Hill,Jack C Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody C Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Rogers Y Schaefer Y Seabaugh Y Seay Shafer,D Y Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 181. The following Senators were excused for business outside the Senate Chamber: Rogers of the 21st Seabaugh of the 28th The following bill was taken up to consider House action thereto: SB 24. By Senators Staton of the 18th, Shafer of the 48th, Chance of the 16th, Carter of the 13th, Rogers of the 21st 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 House substitute was as follows: 4328 JOURNAL OF THE SENATE 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 such business; to provide definitions; to provide for penalties and sanctions; to provide for immunity; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer systems security, is amended by adding a new Part 4 to read as follows: "Part 4 16-9-109.1. (a) As used in this part, the term: (1) 'Electronic mail message' means a message sent to a unique destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox, commonly referred to as the 'local part,' and a reference to an Internet domain, commonly referred to as the 'domain part,' whether or not displayed, to which an electronic message can be sent or delivered. (2) 'Employer' includes a business entitys officers, directors, parent corporation, subsidiaries, affiliates, and other corporate entities under common ownership or control within a business enterprise. (3) 'Identifying information' means, with respect to an individual, any of the following: (A) Social security number; (B) Drivers license number; (C) Bank account number; (D) Credit card or debit card number; (E) Personal identification number or PIN; (F) Automated or electronic signature; (G) Unique biometric data; (H) Account password; or (I) Any other piece of information that can be used to access an individuals financial accounts or to obtain goods or services. (4) 'Internet' shall have the meaning set forth in paragraph (10) of Code Section 16-9151. (5) 'Web page' means a location that has a single uniform resource locator or other FRIDAY, APRIL 4, 2008 4329 single location with respect to the Internet. (b)(1) It shall be unlawful for any person with intent to defraud, by means of a web page, electronic mail message, or otherwise through use of the Internet, to solicit, request, or take any action to induce another person to provide identifying information by representing himself, herself, or itself to be a business without the authority or approval of such business. (2) It shall be unlawful for any person, with actual knowledge, conscious avoidance of actual knowledge, or willfully, to possess with intent to use in a fraudulent manner, sell, or distribute any identifying information obtained in violation of paragraph (1) of this subsection. (c) Any person who intentionally violates subsection (b) of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than 20 years, a fine of not less than $1,000.00 nor more than $500,000.00, or both. (d)(1) No employer shall be held criminally liable under this Code section as a result of any actions taken: (A) 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 when such equipment is used for an illegal purpose without the employers knowledge, consent, or approval; or (B) 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. (2) No person shall be held criminally liable under this Code section when its protected computers, computer equipment, or software product has been used by unauthorized users to violate this Code section without such persons knowledge, consent, or approval. (e) This Code section shall not apply to a telecommunications providers or Internet service providers good faith transmission or routing of, or intermediate temporary storing or caching of, identifying information. (f) No provider of an interactive computer service may be held liable in a civil action under any law of this state, or any of its political subdivisions, for removing or disabling access to content on an Internet website or other online location controlled or operated by such provider, when such provider believes in good faith that such content has been used to engage in a violation of this part." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Staton of the 18th moved that the Senate agree to the House substitute to SB 24. On the motion, a roll call was taken and the vote was as follows: 4330 JOURNAL OF THE SENATE Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack C Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody C Mullis Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed E Rogers Y Schaefer C Seabaugh Y Seay Shafer,D Y Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 24. The following bill was taken up to consider House action thereto: SB 387. By Senators Staton of the 18th, Chance of the 16th, Wiles of the 37th, Harp of the 29th, Moody of the 56th and others: A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee ballots, so as to allow electors to request and cast absentee ballots without stating a reason for doing so; to allow the electronic submission of absentee ballot requests by certain electors; to require registrars and absentee ballot clerks to determine the eligibility of electors to vote by absentee ballot; to provide for the safekeeping of absentee ballots; 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 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, FRIDAY, APRIL 4, 2008 4331 relating to absentee ballots, so as to allow electors to request and cast absentee ballots without stating a reason for doing so; to allow the electronic submission of absentee ballot requests by certain electors; to require registrars and absentee ballot clerks to determine the eligibility of electors to vote by absentee ballot; to provide for the safekeeping of absentee ballots; 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 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee ballots, is amended by revising Code Section 21-2-380, relating to the definition of an absentee elector and reasons for voting by absentee ballot, as follows: "21-2-380. (a) As used in this article, the term 'absentee elector' means an elector of this state or a municipality thereof who: (1) Is required to be absent from his or her precinct during the time of the primary or election he or she desires to vote in; (2) Will perform any of the official acts or duties set forth in this chapter in connection with the primary or election he or she desires to vote in; (3) Because of physical disability or because of being required to give constant care to someone who is physically disabled, will be unable to be present at the polls on the day of such primary or election; (4) Because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election; (5) Is required to remain on duty in his or her place of employment for the protection of the health, life, or safety of the public during the entire time the polls are open when such place of employment is within the precinct in which the voter resides; or (6) Is 75 years of age or older. (b) An elector who requests an absentee ballot by mail or who, during the period of Monday through Friday of the week immediately preceding the date of a primary, election, or run-off primary or election, casts an absentee ballot in person at the registrars office or absentee ballot clerks office shall not be required to provide a reason as identified in subsection (a) of this Code section in order to cast an absentee ballot in such any primary, election, or run-off primary or election." SECTION 2. Said article is further amended by revising subparagraph (a)(1)(A) of Code Section 21-2381, relating to the making of application for absentee ballot, as follows: "(a)(1)(A) Except as otherwise provided in Code Section 21-2-219, not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile 4332 JOURNAL OF THE SENATE transmission, or in person in the registrars or absentee ballot clerks office, an application for an official ballot of the electors precinct to be voted at such primary, election, or runoff. Persons who are entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended, may additionally make application for an official ballot by electronic transmission." SECTION 3. Said article is further amended by revising paragraph (1) of subsection (b) of Code Section 21-2-381, relating to the making of application for absentee ballot, as follows: "(b)(1) Upon receipt of a timely application for an absentee ballot, a registrar or absentee ballot clerk shall enter thereon the date received. The registrar or absentee ballot clerk and shall determine, in accordance with the provisions of this chapter, if the applicant is eligible to vote in the primary or election involved. In order to be found eligible to vote an absentee ballot by mail, the registrar or absentee ballot clerk shall compare the identifying information on the application with the information on file in the registrars office and, if the application is signed by the elector, compare the signature or mark of the elector on the application with the signature or mark of the elector on the electors voter registration card. In order to be found eligible to vote an absentee ballot in person at the registrars office or absentee ballot clerks office, such person shall show one of the forms of identification listed in Code Section 21-2-417 and the registrar or absentee ballot clerk shall compare the identifying information on the application with the information on file in the registrars office." SECTION 4. Said article is further amended by revising subparagraph (a)(1)(A) of Code Section 21-2386, relating to safekeeping, certification, and validation of absentee ballots, as follows: "(a)(1)(A) The board of registrars or absentee ballot clerk shall keep safely, and unopened, and stored in a manner that will prevent tampering and unauthorized access all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in this subsection." 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 Staton of the 18th moved that the Senate agree to the House substitute to SB 387. On the motion, a roll call was taken and the vote was as follows: FRIDAY, APRIL 4, 2008 4333 Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter E Chance Y Chapman Y Cowsert Y Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack C Hill,Judson Y Hooks Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody C Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed E Rogers Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver N Tate Y Thomas,D Y Thomas,R Y Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 45, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 387. The following bill was taken up to consider House action thereto: SB 436. By Senators Cowsert of the 46th, Harp of the 29th, Weber of the 40th, Meyer von Bremen of the 12th, Adelman of the 42nd and others: A BILL to be entitled an Act to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to change provisions relating to voting for directors in publicly traded corporations; to provide for a contingency resignation of a director, which may be irrevocable; to change certain provisions relating to vacancies on a board; to change certain provisions relating to amending bylaws by the board of directors or shareholders; to correct cross-references; 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 14 of the Official Code of Georgia Annotated, relating to corporations, 4334 JOURNAL OF THE SENATE partnerships, and associations, so as to change provisions relating to the corporate code; to provide for certain filing fees for late filing of annual registration, filing of articles of dissolution or intent to dissolve, or application of withdrawal for a business corporation, a nonprofit corporation, a foreign limited liability partnership, a partnership under the "Georgia Revised Uniform Limited Partnership Act," or a limited liability company; to change provisions relating to voting for directors in publicly traded corporations; to provide for a contingency resignation of a director, which may be irrevocable; to change certain provisions relating to vacancies on a board; to change certain provisions relating to amending bylaws by the board of directors or shareholders; to correct cross-references; to change provisions relating to reinstatement of a corporation, nonprofit corporation, or limited liability company after such entity was administratively dissolved; 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 revising Code Section 14-2-122, relating to filing fees and penalties, as follows: "14-2-122. The Secretary of State shall collect the following fees and penalties when the documents described in this Code section are delivered to him or her for filing: Document Fee (1) Articles of incorporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100.00 (2) Application for certificate of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . 225.00 (3) Annual registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.00 (4) Penalty for late filing of annual registration . . . . . . . . . . . . . . . . . . . . . . . 25.00 (4)(5) Agents statement of resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (5)(6) Certificate of judicial dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (7) Articles of dissolution or intent to dissolve . . . . . . . . . . . . . . . . . . . . . . . . No fee (8) Application of withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (6)(9) Application for reservation of a corporate name . . . . . . . . . . . . . . . . . 25.00 (7)(10) Civil penalty for a foreign corporation transacting business in this state without a certificate of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00 (8)(11) Statement of change of address of registered agent...$5.00 per corporation but not less than . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 FRIDAY, APRIL 4, 2008 4335 (9)(12) Application for reinstatement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 (10)(13) Certificate of conversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95.00 (11)(14) Any other document required or permitted to be filed by this 20.00" chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SECTION 2. Said title is further amended by revising subsection (a) of Code Section 14-2-728, relating to voting for directors and cumulative voting, as follows: "(a) Unless otherwise provided in: (1) The the articles of incorporation; or (2) A bylaw that fixes a greater voting requirement for the election of directors and that is adopted by the board of directors of a corporation having shares listed on a national securities exchange or regularly traded in a market maintained by one or more members of a national or affiliated securities association, directors are elected by a plurality of the votes cast by the shares entitled to vote in the election. Action to elect directors may be taken at a meeting at which only if a quorum is present." SECTION 3. Said title is further amended by revising Code Section 14-2-807, relating to resignation of directors, as follows: "14-2-807. (a) A director may resign at any time by delivering notice in writing or by electronic transmission to the board of directors, its chairman chairperson, or to the corporation. (b) A resignation is shall be effective when the notice is delivered unless the notice specifies either a later effective date or an effective date determined upon the happening of an event. (c) A resignation that is conditioned upon the happening of an event may provide that it is irrevocable." SECTION 4. Said title is further amended by revising subsection (c) of Code Section 14-2-810, relating to vacancy on a board, as follows: "(c) A vacancy that will may occur at a specific later date (by reason of a resignation effective at a later date under subsection (b) of Code Section 14-2-807 or otherwise) may be filled before the vacancy occurs, but the new director may not take office until the vacancy occurs." SECTION 5. Said title is further amended by revising subsection (b) of Code Section 14-2-1020, relating to an amendment by a board of directors or shareholders, as follows: 4336 JOURNAL OF THE SENATE "(b) A corporations shareholders may amend or repeal the corporations bylaws or adopt new bylaws even though the bylaws may also be amended or repealed by its board of directors; provided, however, that unless the articles of incorporation provide otherwise, the shareholders may not amend (but may repeal) a bylaw adopted by the board of directors pursuant to subsection (a) of Code Section 14-2-728 or adopt a bylaw changing the plurality standard for the election of directors set forth in such subsection." SECTION 6. Said title is further amended by revising Code Section 14-2-1021, relating to bylaws increasing quorum or voting requirement for shareholders, as follows: "14-2-1021. (a) Except as provided in subsection (b) of Code Section 14-2-1020, a A bylaw adopted by the shareholders may fix a greater quorum or voting requirement for shareholders (or voting groups of shareholders) than is required by this chapter. A bylaw in effect on July 1, 1989, fixing a greater quorum or voting requirement for shareholders (or voting groups of shareholders) than is required by this chapter shall remain valid until amended or repealed as provided in subsection (b) of this Code section. (b) Except as provided in Code Section 14-2-1020, 14-2-1113, or 14-2-1133, a bylaw adopted by the shareholders that fixes a greater quorum or voting requirement for shareholders under subsection (a) of this Code section may shall not be adopted, amended, or repealed by the board of directors." SECTION 7. Said title is further amended by revising subsections (a) and (b) of Code Section 14-21422, relating to reinstatement following administrative dissolution, as follows: "(a) A corporation administratively dissolved under Code Section 14-2-1421 may apply to the Secretary of State for reinstatement within five years after the effective date of such dissolution. The application must shall: (1) Recite the name of the corporation and the effective date of its administrative dissolution; (2) State that the ground or grounds for dissolution either did not exist or have been eliminated; (3) State that the name by which the corporation will be known after reinstatement satisfies the requirements of Code Section 14-2-401 Either be executed by the registered agent or an officer, director, or shareholder of the corporation, in each case as set forth in the most recent annual registration of the corporation filed with the Secretary of State, or be accompanied by a notarized statement, executed by a person who was an officer, director, or shareholder, or an heir, successor, or assign of a person who was an officer, director, or shareholder, of the corporation at the time that the corporation was administratively dissolved, stating that such person or decedent was an officer, director, or shareholder of the corporation at the time of administrative FRIDAY, APRIL 4, 2008 4337 dissolution and such person has knowledge of and assents to the application for reinstatement; (4) Contain a statement by the corporation reciting that all taxes owed by the corporation have been paid; and (5) Be accompanied by an amount equal to the total annual registration fees and penalties that would have been payable during the periods between dissolution and reinstatement, plus the fee required for the application for reinstatement, and any other fees and penalties payable for earlier periods. (b) If the corporations name no longer satisfies the requirements of Code Section 142-401, the corporation shall, as a condition of reinstatement, include in its application for reinstatement the adoption of a corporate name that is available in accordance with Code Section 14-2-401 and that has been reserved pursuant to Code Section 14-2-402. If the application for reinstatement contains a new corporate name, the articles of incorporation shall be deemed to have been amended to change the name of the corporation to the name so adopted. The Secretary of State shall reserve the name of a corporation administratively dissolved under Code Section 14-2-1421 for such corporations specific use for a period of five years after the effective date of the dissolution or until the corporation is reinstated, whichever is sooner." SECTION 8. Said title is further amended by revising Code Section 14-3-122, relating to filing fees for nonprofit corporations, as follows: "14-3-122. (a) The Secretary of State shall collect the following fees when the documents described in this subsection Code section are delivered for filing: Document Fee (1) Articles of incorporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100.00 (2) Application for certificate of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . 225.00 (3) Annual registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.00 (4) Penalty for late filing of annual registration . . . . . . . . . . . . . . . . . . . . . . . 25.00 (4)(5) Agents statement of resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (5)(6) Certificate of judicial dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (7) Articles of dissolution or intent to dissolve . . . . . . . . . . . . . . . . . . . . . . . . No fee (8) Application of withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (6)(9) Application for reservation of a corporate name . . . . . . . . . . . . . . . . . 25.00 (7)(10) Statement of change of address of registered agent...$5.00 per 4338 JOURNAL OF THE SENATE corporation but not less than . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 (8)(11) Application for reinstatement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 (9)(12) Any other document required or permitted to be filed by this chapter 20.00 (b) Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year shall not be required to pay any penalty for so failing or refusing to file its annual report, but such corporation may be subject to administrative dissolution as provided in Code Section 14-3-1420." SECTION 9. Said title is further amended by revising subsections (a) and (b) of Code Section 14-31422, relating to reinstatement following administrative dissolution of a nonprofit corporation, as follows: "(a) A corporation administratively dissolved under Code Section 14-3-1421 may apply to the Secretary of State for reinstatement within five years after the effective date of such dissolution. The application must shall: (1) Recite the name of the corporation and the effective date of its administrative dissolution; (2) State that the ground or grounds for dissolution either did not exist or have been eliminated; (3) State that the name by which the corporation will be known after reinstatement satisfies the requirements of Code Section 14-3-401 Either be executed by the registered agent or an officer, director, or shareholder of the corporation, in each case as set forth in the most recent annual registration of the corporation filed with the Secretary of State, or be accompanied by a notarized statement, executed by a person who was an officer, director, or shareholder, or an heir, successor, or assign of a person who was an officer, director, or shareholder, of the corporation at the time that the corporation was administratively dissolved, stating that such person or decedent was an officer, director, or shareholder of the corporation at the time of administrative dissolution and such person has knowledge of and assents to the application for reinstatement; (4) Contain a statement by the corporation reciting that all taxes owed by the corporation have been paid; and (5) Be accompanied by an amount equal to the total annual registration fees and penalties that would have been payable during the periods between dissolution and reinstatement, plus the fee required for the application for reinstatement, and any other fees and penalties payable for earlier periods. (b) If the corporations name no longer satisfies the requirements of Code Section 143-401, the corporation shall, as a condition of reinstatement, include in its application for reinstatement the adoption of a corporate name that is available in accordance with Code Section 14-3-401 and that has been reserved pursuant to Code Section 14-3-402. If the application for reinstatement contains a new corporate name, the articles of FRIDAY, APRIL 4, 2008 4339 incorporation shall be deemed to have been amended to change the name of the corporation to the name so adopted. The Secretary of State shall reserve the name of a corporation administratively dissolved under Code Section 14-2-1421 for such corporations specific use for a period of five years after the effective date of the dissolution or until the corporation is reinstated, whichever is sooner." SECTION 10. Said title is further amended by revising Code Section 14-8-57, relating to filing fees pertaining to foreign limited liability partnerships, as follows: "14-8-57. The Secretary of State shall collect the following fees and penalties when the documents described below are delivered to the Secretary of State for filing pursuant to the chapter: Document Fee (1) Application for certificate of authority to transact business . . . . . . . . . . . $ 200.00 (2) Statement of change of registered office or registered agent...$5.00 per foreign limited liability partnership, but not less than . . . . . . . . . . . . . . . . . . . 20.00 (3) Registered agents statement of resignation pursuant to subsection (e) of Code Section 14-8-46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (4) Annual registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 (5) Penalty for late filing of annual registration . . . . . . . . . . . . . . . . . . . . . . . 25.00 (6) Application of withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (5)(7) Any other document required or permitted to be filed by this chapter 20.00" SECTION 11. Said title is further amended by revising Code Section 14-9-1101, relating to fees under the "Georgia Revised Uniform Limited Partnership Act," as follows: "14-9-1101. The Secretary of State shall charge and collect for filing: Document Fee (1) Filing a A certificate of limited partnership . . . . . . . . . . . . . . . . . . . . . . . $ 100.00 (2) Filing a A registration of a foreign limited partnership . . . . . . . . . . . . . . . 225.00 (3) Filing an An annual registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.00 (4) Penalty for late filing of annual registration . . . . . . . . . . . . . . . . . . . . . . . 25.00 (4)(5) Agents statement of resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee 4340 JOURNAL OF THE SENATE (6) Certificate of cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (7) Application of withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (5)(8) Statement of change of address of registered agent or registered office... $5.00 per limited partnership but not less than . . . . . . . . . . . . . . . . . . 20.00 (6)(9) Filing of an An amendment to a certificate of limited partnership for the purpose of becoming a limited liability partnership . . . . . . . . . . . . . . . . . . 100.00 (7)(10) Certificate of election to become a limited partnership . . . . . . . . . . . 80.00 (8)(11) Certificate of conversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95.00 (9)(12) Application for reservation of a name . . . . . . . . . . . . . . . . . . . . . . . . 25.00 (10)(13) Filing any Any other document required or permitted pursuant to this chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00" SECTION 12. Said title is further amended by revising paragraph (4) of subsection (b) of Code Section 14-11-603, relating to judicial and administrative dissolution of limited liability companies, as follows: "(4) A limited liability company administratively dissolved under this Code section may apply to the Secretary of State for reinstatement within five years after the effective date of such dissolution. The application must shall: (A) Recite the name of the limited liability company and the effective date of its administrative dissolution; (B) State that the ground or grounds for dissolution either did not exist or have been eliminated; (C) State that the limited liability companys name satisfies the requirements of Code Section 14-11-207 Either be executed by the registered agent or a member or manager of the limited liability company, in each case as set forth in the most recent annual registration of the limited liability company filed with the Secretary of State, or be accompanied by a notarized statement, executed by a person who was a member or manager, or an heir, successor, or assign of a person who was a member or manager, of the limited liability company at the time that the limited liability company was administratively dissolved, stating that such person or decedent was a member or manager of the limited liability company at the time of administrative dissolution and such person has knowledge of and assents to the application for reinstatement; (D) Contain a statement by the limited liability company reciting that all taxes owed by the limited liability company have been paid; and (E) Be accompanied by an amount equal to the total annual registration fees and penalties that would have been payable during the periods between dissolution and FRIDAY, APRIL 4, 2008 4341 reinstatement, plus the fee required for the application for reinstatement, and any other fees and penalties payable for earlier periods. If the Secretary of State determines that the application contains the information required by this paragraph and that the information is correct, he or she shall prepare a certificate of reinstatement that recites his or her determination and the effective date of reinstatement, file the original of the certificate, and serve a copy on the limited liability company. When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution, and the limited liability company resumes carrying on its business as if the administrative dissolution had never occurred." SECTION 13. Said title is further amended by adding a new paragraph to subsection (b) of Code Section 14-11-603, relating to judicial and administrative dissolution of limited liability companies, to read as follows: "(6) The Secretary of State shall reserve the name of a limited liability company administratively dissolved under Code Section 14-2-1421 for such limited liability companys specific use for a period of five years after the effective date of the dissolution or until the limited liability company is reinstated, whichever is sooner." SECTION 14. Said title is further amended by revising subsection (a) of Code Section 14-11-1101, relating to filing fees and penalties for limited liability companies, as follows: "(a) The Secretary of State shall collect the following fees when the documents described below are delivered to the Secretary of State for filing pursuant to this chapter: Document Fee (1) Articles of organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100.00 (2) Articles of amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 (3) Articles of merger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 (4) Certificate of election under Code Section 14-11-212 (together with articles of organization) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95.00 (5) Application for certificate of authority to transact business . . . . . . . . 225.00 (6) Statement of commencement of winding up . . . . . . . . . . . . . . . . . . . 20.00 No Fee (7) Certificate of termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 No Fee (8) Application of withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (8)(9) Articles of correction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 4342 JOURNAL OF THE SENATE (9)(10) Application for reservation of a name . . . . . . . . . . . . . . . . . . . . . (10)(11) Statement of change of registered office or registered agent...$5.00 per limited liability company (foreign or domestic), but not less than . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11)(12) Registered agents statement of resignation pursuant to subsection (d) of Code Section 14-11-209 or subsection (d) of Code Section 14-11-703 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (12)(13) Certificate of judicial dissolution . . . . . . . . . . . . . . . . . . . . . . . . (13)(14) Annual registration (foreign or domestic) . . . . . . . . . . . . . . . . . (15) Penalty for late filing of annual registration . . . . . . . . . . . . . . . . . . . (14)(16) Reinstatement fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (15)(17) Any other document required or permitted to be filed by this chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (16)(18) Certificate of conversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 20.00 No fee No fee 30.00 25.00 100.00 20.00 95.00" SECTION 15. All laws and parts of laws in conflict with this act are repealed. Senator Cowsert of the 46th moved that the Senate agree to the House substitute to SB 436. On the motion, a roll call was taken and the vote was as follows: Y Adelman C Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Golden Y Grant Y Heath Y Henson Y Hill,Jack C Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody C Mullis Y Murphy Y Orrock Y Pearson Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith Staton C Stoner Y Tarver Y Tate Thomas,D Y Thomas,R Y Thompson,C Thompson,S Y Tolleson Y Unterman FRIDAY, APRIL 4, 2008 4343 E Hamrick Y Harbison Y Harp Y Hawkins Y Powell Y Ramsey Y Reed E Rogers Y Weber Y Wiles Y Williams On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 436. The following bill was taken up to consider House action thereto: SB 341. By Senators Hawkins of the 49th, Murphy of the 27th, Thomas of the 54th, Smith of the 52nd, Carter of the 13th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to the Council on Aging, so as to assign additional duties and powers to the council; to require that the council study certain matters and produce a report; to provide a certain date by which the report must be distributed; to provide for the appointment of advisory committees; to provide for reimbursement of expenses incurred by advisory committee members; to provide for the cooperation of other state departments and agencies; to require an interim progress report; to provide for automatic repeal of said provisions; to provide for related matters; to provide for an effective date contingent on funding; 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 6 of Title 49 of the Official Code of Georgia Annotated, relating to the Council on Aging, so as to assign additional duties and powers to the council; to require that the council study certain matters and produce a report; to provide a certain date by which the report must be distributed; to provide for the appointment of advisory committees; to provide for reimbursement of expenses incurred by advisory committee members; to provide for the cooperation of other state departments and agencies; to require an interim progress report; to provide for automatic repeal of said provisions; to provide for related matters; to provide for an effective date contingent on funding; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to 4344 JOURNAL OF THE SENATE the Council on Aging, is amended by adding a new Code section to read as follows: "49-6-21.1. (a) In addition to those duties and powers set forth in Code Section 49-6-21, the Council on Aging shall provide a written report entitled 'Project 2020: Georgia for a Lifetime' to the Governor, the President of the Senate, and the Speaker of the House of Representatives, and such report shall be provided no later than December 15, 2010. The President of the Senate and the Speaker of the House of Representatives shall direct the report to the appropriate committees for review. The council shall notify members of the General Assembly and any state department or agency mentioned in or affected by the report of the availability of such report, and such notification shall be given in the manner which the council deems most effective and efficient. (b) As part of the report required by subsection (a) of this Code section, the council shall research, identify, evaluate, and make recommendations on: (1) State policies regarding older adults and state agencies readiness for the expanding aging population; (2) The projected impact that this states increasing aging population will have on health, protection, safety, housing, transportation, employment, caregiving, education, the economy, access to services, volunteerism, legal and financial preparedness, and social and recreational resources; (3) The implementation of specific policies, procedures, and programs to respond to the needs and impact of the aging population relating to health, protection, safety, housing, transportation, employment, caregiving, education, the economy, access to services, volunteerism, legal and financial preparedness, and social and recreational resources; (4) Ways to increase public and governmental understanding of the current and future needs of the states aging population, to increase state government readiness, and to increase community preparedness for an aging Georgia; (5) Ways to facilitate the communication and coordination of public and private entities as they plan for the growing aging population; (6) The status and effectiveness of policies, procedures, and programs that engage the older population or that provide services to the aging population; (7) The policies, procedures, initiatives, and programs that other states have implemented to address the needs of their aging populations; (8) The policies, procedures, initiatives, and programs that other states have developed and implemented to engage older adults as volunteers and mentors; (9) Methods to provide a forum for public comment on planning issues relating to the aging population; and (10) Ways to encourage public and private entities to analyze, plan, and prepare for the impact of the aging population. (c) In preparing the report required by subsection (a) of this Code section, the council may hire experts and shall hear from key leaders of the public and private sectors in the various areas relating to the aging population. (d) For the purpose of assisting the council in carrying out the provisions of this Code FRIDAY, APRIL 4, 2008 4345 section, the council may appoint an advisory committee of not more than 17 members. The members of such advisory committee shall serve at the pleasure of the council. Members of the advisory committee shall receive no compensation for the performance of their duties but shall be reimbursed for actual travel and other reasonable and necessary expenses incurred while attending called meetings of the advisory committee. If such an advisory committee is appointed, it shall meet at least quarterly. (e) The council is authorized to call upon for cooperation and shall receive the cooperation of any state department or agency in carrying out the provisions of this Code section. (f) The council shall apply for any applicable grants and resources, public and private, for which it may qualify for executing its duties and powers under this Code section. (g) Not later than December 15, 2009, the council shall provide the Governor, the President of the Senate, and the Speaker of the House of Representatives with a written interim progress report on the status of the report required by subsection (a) of this Code section. The President of the Senate and the Speaker of the House of Representatives shall direct the interim progress report to the appropriate committees for review. The council shall notify members of the General Assembly and any state department or agency mentioned in or affected by the interim progress report of the availability of such report, and such notification shall be given in the manner which the council deems most effective and efficient. (h) This Code section shall stand repealed in its entirety on January 1, 2011." SECTION 2. This Act shall become effective July 1, 2008, 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. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Hawkins of the 49th moved that the Senate agree to the House substitute to SB 341. 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 Carter Y Chance Y Chapman Y Heath Y Henson Hill,Jack C Hill,Judson Hooks Y Hudgens Y Jackson Y Johnson Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver 4346 JOURNAL OF THE SENATE Y Cowsert Y Davenport Y Douglas Fort Y Goggans Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Jones Y Me V Bremen Y Moody C Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed E Rogers Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 341. The following bill was taken up to consider House action thereto: HB 969. By Representatives Lunsford of the 110th, Loudermilk of the 14th, Scott of the 2nd, Lewis of the 15th, Davis of the 109th and others: A BILL to be entitled an Act to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be licensed, minimum ages for licenses, school attendance requirements, and driving training requirements, so as to provide that a course of instruction given within the context of a bona fide home schooling program shall constitute an approved driver education training course; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 969 by striking "To" on line 1 on page 1 and inserting in lieu thereof the following: To amend Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from motor vehicle licensing requirements, so as to revise certain provisions relating to an exemption for out-of-state students who attend schools in this state; to By inserting between lines 9 and 10 on page 1 the following: SECTION .1. Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from motor vehicle licensing requirements, is amended by revising subsection (b) as follows: FRIDAY, APRIL 4, 2008 4347 "(b) Notwithstanding any contrary provisions of Code Section 40-5-20 or subsection (a) of this Code section, a nonresident of this state who is attending a school in this state shall be exempt from the drivers licensing requirements of this chapter if and only if: (1) He or she is at least 16 years of age and has in his or her immediate possession a valid license issued to him or her in his or her home state or country; provided, however, that any restrictions which would apply to a Georgia drivers license as a matter of law would apply to the privilege afforded to the out-of-state license; and (2) He or she is currently enrolled or was enrolled during the immediately preceding period of enrollment in a school in this state, has paid for the current period of enrollment or paid for the immediately preceding period of enrollment the tuition charged by the school to nonresidents of Georgia, and has in his or her possession proof of payment of such tuition for such current or immediately preceding period of enrollment." Senator Murphy of the 27th moved that the Senate agree to the House amendment to the Senate substitute to HB 969. On the motion, a roll call was taken and the vote was as follows: Y Adelman C Balfour Brown Y Bulloch Y Butler Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed E Rogers Y Schaefer C Seabaugh Y Seay Y Shafer,D Smith Y Staton C Stoner Y Tarver Tate Y Thomas,D N Thomas,R Y Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 43, nays 1; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 969. Senator Adelman of the 42nd was excused for business outside the Senate Chamber. 4348 JOURNAL OF THE SENATE Senator Weber of the 40th asked unanimous consent HB 1015, having been placed on the Table on Wednesday, April 2, 2008, be taken from the Table. The consent was granted, and HB 1015 was taken from the Table. Pursuant to Senate Rule 4-2.10(a), HB 1015, having been taken from the Table, was put upon its passage. HB 1015. By Representatives Jones of the 46th, Burkhalter of the 50th, Martin of the 47th, Geisinger of the 48th, Willard of the 49th and others: A BILL to be entitled an Act to amend Code Section 36-31-12 of the Official Code of Georgia Annotated, relating to special districts divided into noncontiguous areas, so as to provide for additional requirements regarding certain excess funds; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Weber of the 40th. The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1015: 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 provide for legislative intent; to provide for a limited period of time the offer of sale to certain qualified municipalities of county property used as police stations, fire stations, cultural properties, or vacant properties within the geographical boundaries of the qualified municipality; to provide for procedures, conditions, and limitations; to specify additional service delivery strategy requirements regarding garbage and solid waste collection and disposal fees and fire protection services fees; to provide for additional requirements regarding certain special district excess funds; to provide for limitations with respect to the rezoning of territory proposed for inclusion in a new municipal corporation; to provide for the defeasance of the rezoning of territory proposed for inclusion in a new municipal corporation when such rezoning took place after a point in time; 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: FRIDAY, APRIL 4, 2008 4349 SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding new Code sections to read as follows: "36-31-11.1. (a) This Code section shall stand repealed in its entirety on December 31, 2009. (b) As used in this Code section, the term: (1) 'Appraised value' means the fair market value as determined by a Georgia general certified appraiser as of December 31 of the year prior to the date of incorporation. The county and the qualified municipality shall agree upon the appraiser; provided, however, that, if the county and qualified municipality cannot agree on an appraiser, either party may apply to the chief judge of the superior court of the county who shall appoint a qualified appraiser. (2) 'Countys park cost' means the original acquisition cost for any land, including any buildings located thereon at the time of acquisition, for use as a park, 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 qualified municipality pursuant to this Code section. (3) 'Date of incorporation' means the date the local Act creating a municipality becomes law. (4) 'Police station,' 'fire station,' or 'park' means property, including buildings and fixtures located within a qualified municipality and as used by the county to provide police, fire, or park services to territory located within a qualified municipality during the calendar year prior to the date of incorporation of the municipality. Such properties shall also include equipment and vehicles located at such property or used by county employees working at or stationed at such property as of December 31 of the year prior to the date of incorporation. 'Park' includes any property or facility used for greenspace, recreational purposes, cultural purposes, or educational purposes. (5) 'Qualified municipality' means any new municipality created by local Act which becomes law on or after January 1, 2008. (c) It is the intent of the legislature that the residents of a qualified municipality receive full credit for taxes paid for police stations, fire stations, and parks to be purchased by the qualified municipality; to assure that qualified municipalities will have the facilities necessary to deliver municipal services; and to provide certainty as to how the purchase price for such properties will be determined. (d) The governing authority of the county shall provide to each of the county commissioners and members of the General Assembly whose district includes any portion of a qualified municipality a listing of all county owned properties located in the qualified municipality within 60 days after the date of incorporation. (e) The county shall not convey, otherwise encumber, move any fixtures or buildings, or enter into any contractual obligations with respect to any police station, fire station, or park located in the qualified municipality on or after the date of incorporation to the end of the transition period provided in Code Section 36-31-8. The governing authority of the county shall assign to the governing authority of the qualified municipality all of 4350 JOURNAL OF THE SENATE its right, title, and interest in any executory contract respecting any police station, fire station, or park to be purchased by the qualified municipality. Such assignment shall be effective on the date the municipality assumes ownership of such properties or as otherwise may be agreed between the governing authority of the municipality and the governing authority of the county. (f) When a qualified municipality is removed from a special district as provided in either Code Section 36-31-11 or Code Section 36-31-11.2, the qualified municipality may elect to purchase from the county any police station, fire station, or park. The qualified municipality shall provide written notice to the governing authority of the county specifying the properties to be purchased and the date or dates the qualified municipality will assume ownership of such property. Such notice shall be provided with respect to each such property no less than 30 days prior to the date the qualified municipality intends to assume ownership of the property. (g) The purchase price to be paid by the qualified municipality may be determined by negotiation and agreement of the two governing authorities. In that event, all of the countys right, title, and interest in such property shall be transferred to the governing authority of the qualified municipality as provided in such agreement. (h) In the event that the county and the qualified 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 qualified municipality may file a petition in the 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 qualified municipality shall attend the initial mediation. Following the initial meeting, the mediation shall proceed in the manner 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 qualified 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; and (3) If no agreement is reached at the conclusion of the mediation, either the county or the qualified 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 consider the following factors to determine the purchase price and shall make specific findings of fact relative to the following FRIDAY, APRIL 4, 2008 4351 factors: (A) The court shall determine a tax ratio by dividing the assessed value of the residential property tax digest for the municipality by the assessed value of the residential property tax digest for the entire special district from which the qualified municipality was removed; (B) The court shall determine a parks asset ratio by dividing the total number of park acres to be purchased by the qualified municipality by the total number of park acres located in the special district from which the qualified municipality was removed; (C) The purchase price for the parks to be purchased by the qualified municipality shall equal the county's park cost; provided, however, that there shall be a presumption that the county's park cost for parks to be purchased by the qualified municipality has been fully paid by the qualified municipality if the tax ratio is equal to or greater than the asset ratio for parks; and provided further that there shall be a presumption that the county's park cost of the parks to be purchased by the qualified municipality has been partially paid by the qualified municipality residents if the tax ratio is less than the asset ratio. The fraction the county's park cost that shall be considered paid shall be determined by dividing the tax ratio by the asset ratio. The qualified municipality shall pay to the county the portion of the county's park cost that has not been paid, which portion shall equal one minus the fraction considered paid; (D) There shall be a presumption that the purchase price for a police station or fire station shall equal the appraised value times a fraction determined by dividing the area served by the station outside of the qualified municipality by the total area served by the station both inside and outside the municipality as of December 31 of the calendar year prior to the date of incorporation. If such fraction is more than 20 percent of the total service area, then from the date the municipality assumes ownership of such station, the municipality shall be obligated to offer to lease the police station or fire station back to the county for a period not to exceed one year for $10.00 for the lease period; and (E) The purchase price determined in accordance with this paragraph shall be presumed to be correct unless the judge determines that other unusual factors may be considered consistent with the legislative intent expressed in subsection (c) of this Code section. Such unusual factors may include the cost paid by the county for the properties, the presence of facilities or buildings on such properties the value of which is materially disproportionate to the value of the land being purchased, and whether the residents of the qualified municipality will continue to pay taxes after incorporation to repay bonds issued by the county for the facilities or buildings. (i) A qualified municipality may elect to pay the purchase price for one or more county properties amortized over a 25 year period at an interest rate equal to two percentage points less than the legal rate of interest specified in subparagraph (a)(1)(A) of Code Section 7-4-2. If the governing bodies do not reach agreement as to the purchase price to be paid prior to the date the date the municipality intends to assume ownership of 4352 JOURNAL OF THE SENATE such properties as stated in the notice given pursuant to subsection (f) of this Code section, then upon payment of $5,000.00 into escrow in the registry of the superior court and delivery of written notice from the governing authority of the municipality to the governing authority of the county that the municipality intends to pay the balance of the purchase price over a 25 year period as provided in this Code section, all of the countys right, title, and interest in the police stations, fire stations, or parks the qualified municipality elects to purchase shall be transferred to the governing authority of the qualified municipality. Such transfer shall be effective on the date the municipality intends to assume ownership of such properties as stated in the notice given pursuant to subsection (f) of this Code section. The governing authority of the county shall promptly transfer, execute, and deliver to the governing authority of the qualified municipality such instruments as may be necessary to record the transfer of such right, title, and interest. Upon final determination of the purchase price either by agreement or by the court under subsection (h) of this Code section, the qualified municipality shall either pay the balance due or execute and deliver to the county a note to pay the balance due over 25 years. (j) In the event a park is transferred by a county to a qualified municipality under this Code section, the qualified municipality shall be prohibited from imposing or collecting user fees from residents of the county in excess of the amount of such fees imposed or collected from residents of the qualified municipality. (k) Property transferred to a qualified municipality from a county pursuant to this Code section shall not be sold, leased, assigned, or transferred, in whole or in part, to any private person or entity for a nonpublic use other than to the county from which it was transferred. Any such sale to a county pursuant to this subsection shall be on the same terms as the original transfer from the county to the municipality. 36-31-11.2. (a) A qualified municipality located 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 the local Act creating such qualified municipality so provides or where the governing authority of the qualified municipality, within 30 days of taking office, elects by formal resolution to continue to be part of the special fire district by formal resolution, provided the governing authority of the qualified 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. (b) If a qualified municipality elected initially to remain in a fire services special district, such municipality shall be removed from such fire services special district by adopting a resolution stating its intent to be removed from the district and the date of removal, provided the governing authority of the qualified municipality delivers a copy of such resolution to the governing authority of the county at least 30 days prior to the date of removal. (c) If the local Act does not provide that fire services shall be provided through the county special district or if the qualified municipality decides not to continue receiving FRIDAY, APRIL 4, 2008 4353 fire services through the county, the fire services shall be discontinued by the county on the first day of the next fiscal year of the county that begins at least 180 days after the specified notice is received by the county. (d) A qualified municipality located within a county that charges fees on a periodic basis for the provision of water or sewer services, or both, may elect to continue receiving such services for the same fees charged residents in the unincorporated area of the county. Such election may be set forth in the local Act creating such qualified municipality or be made by resolution of the governing authority of the qualified municipality within 30 days of taking office, provided the governing authority of the qualified 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. (e)(1) A qualified municipality located within a county that charges fees on a periodic basis for the provision of sanitation services, including garbage and solid waste disposal and collection, may elect to continue receiving such services for the same fees charged residents of the unincorporated area of the county. Such election may be set forth in the local Act creating such qualified municipality or be made by resolution of the governing authority of the qualified municipality within 30 days of taking office, provided the governing authority of the qualified 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. (2) Such qualified municipality may elect to terminate sanitation services by adopting a resolution stating the date of removal, provided the governing authority of the qualified municipality delivers a copy of such resolution to the governing authority of the county at least 30 days prior to the date of removal. (3) If the qualified municipality decides not to continue receiving sanitation services through the county, the sanitation services shall be discontinued by the county on the first day of the next fiscal year of the county which begins at least 180 days after the specified notice is received by the county." SECTION 2. Said title is further amended in Code Section 36-31-12, relating to special districts divided into noncontiguous areas, by revising subsection (b) as follows: "(b)(1) 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. (2) If, on the effective date of this paragraph: (A) Excess proceeds remain following the expenditure required under paragraph (1) of this subsection; and 4354 JOURNAL OF THE SENATE (B) All of the area within the special district shall have become incorporated within one or more municipalities, then the excess proceeds shall be disbursed within 60 days to the governing authority of each municipality which has incorporated any portion of the area of the special district. The amount of proceeds to be disbursed to each municipality shall be determined on a pro rata basis using as a denominator the total value of all tax parcels within the special district and as a numerator the total value of all tax parcels which were incorporated within each municipality. (3) If, on the effective date of this paragraph: (A) Excess proceeds remain from the collection of any special district taxes, fees, and assessments; and (B) A new municipality shall have been created from within such special district such that the special district shall have been diminished in size but not all of the special district shall have been incorporated within one or more municipalities, then the excess proceeds shall be disbursed within 60 days to the governing authority of each municipality which has incorporated any portion of the area of the special district. The amount of proceeds to be disbursed to each municipality shall be determined on a pro rata basis using as a denominator the total value of all tax parcels within the special district and as a numerator the total value of all tax parcels which were incorporated within each municipality." SECTION 3. Said title is further amended by adding a new Code section to read as follows: "36-31-13. (a) As used in this Code section, the term: (1) 'Charter' means a local Act of the General Assembly creating or proposing the creation of a new municipal corporation. (2) 'New municipal corporation' means a new municipal corporation of this state created by or proposed to be created by a charter. (3) 'Rezoning action' means: (A) Adoption of a new zoning ordinance; (B) Adoption of an amendment to a zoning ordinance which has the effect of rezoning real property from one zoning classification to another or changing the permitted use of property; (C) Granting of a variance, conditional use, or other treatment which has the effect of allowing real property to be used for a use not otherwise permitted under a zoning ordinance; or (D) Any other action which has the effect of changing the permitted use of property. (b) During the period commencing with the effective date of charter until the date the new municipal corporation begins exercising planning and zoning powers, no county shall take any rezoning action affecting any part of the territory described in the charter as included or proposed for inclusion within the new municipal corporation. This FRIDAY, APRIL 4, 2008 4355 prohibition shall be dissolved if the creation or continued existence of the proposed new municipal corporation under the charter definitively ceases to be possible because of defeat at a referendum election, definitive final failure to secure approval under the federal Voting Rights Act of 1965, as amended, or definitive failure of any other condition specified in the charter." SECTION 4. Said title is further amended in Code Section 36-82-1, relating to elections and requirements regarding bonded debt, by adding a new subsection to read as follows: "(e.1)(1) As used in this subsection, the term: (A) 'Bonds' means any bond to purchase properties or for capital improvements to existing properties or facilities which, at the time of the issuance of the bonds, were to be used by the county for the provision of any of the services listed in Article IX, Section II, Paragraph III of the Constitution of the State of Georgia and, subsequent to the issuance of the bonds, a new municipality took over the provision of such services. (B) 'Bond proceeds' means the proceeds received by the county as the result of the sale of bonds. (C) 'Net homestead digest' means for each qualified municipality the total net assessed value of all qualified homestead property located in that portion of a new municipality located in the county remaining after all other homestead exemptions are applied. (D) 'Total homestead digest' means the total net assessed value of all qualified homestead property located in the county remaining after all other homestead exemptions are applied. (2) This subsection shall apply only to a new municipal corporation 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. In the event a new municipality lying wholly or partially in such a county is incorporated subsequent to the issuance of any bonds by the county, the governing authority of the county shall pay to the governing authority of the new municipality a portion of the bond proceeds. The amount to be paid shall be determined as follows: (A) If the resolution of the governing authority of the county pursuant to which such bonds were issued specifies the amount to be spent in the area included in the new municipality for the purchase of properties and for capital improvements, then such amount plus a proportionate amount of the interest earned by the county on the bond proceeds prior to the date payment to the new municipality is due, less any credit due under subparagraph (C) of this paragraph shall be paid to the new municipality; (B) If such resolution does not specify the amount to be spent in the area included in the new municipality for the purchase of properties and for capital improvements, then the amount to be paid shall be a portion of the bond proceeds plus a proportionate amount of the interest earned by the county on such proceeds prior to 4356 JOURNAL OF THE SENATE the date payment to the new municipality is due, less any credit due under subparagraph (C) of this paragraph. Such portion shall equal the net homestead digest for the new municipality divided by the total homestead digest; (C) The county shall be given a credit against the amount due under either subparagraph (A) or (B) of this paragraph for any payments that were made: (i) By the county from bond proceeds to any third party prior to the date the payment to the new municipality is due; (ii) Pursuant to a valid contract in existence as of the effective date of the local Act creating the new municipality; and (iii) For the purchase of new properties or for capital improvements in the area included in the new municipality; and (D) The payment determined in accordance with subparagraphs (A) and (B) of this paragraph shall be due ten days after a majority of the members of the initial city council take the oath of office. (3) 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." 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 Henson of the 41st offered the following amendment #1: Amend the Senate State and Local Governmental Operations Committee substitute to HB 1015 by inserting between "Purposes" and the period on line 17 of page 2 the following: , which property is 75 acres or less in size On the adoption of the amendment, the President asked for unanimous consent. Senator Williams of the 19th objected. On the adoption of the amendment, the yeas were 13, nays 36, and the Henson amendment #1 to the committee substitute was lost. FRIDAY, APRIL 4, 2008 4357 Senator Weber of the 40th offered the following amendment #2: Amend the Senate State and Local Governmental Operations Committee substitute to HB 1015 by striking "police stations, fire stations, cultural properties, or vacant properties" and inserting in its place "parks" on lines 4 and 5 of page 1. By striking line 23 of page 1 through line 2 of page 2. By striking "(2)" and inserting in its place "(1)" on line 3 of page 2. By striking "(3)" and inserting in its place "(2)" on line 8 of page 2. By striking "(4)" and inserting in its place "(3)" on line 10 of page 2. By striking "'Police station,' 'fire station,' or 'park'" and inserting in its place "'Park'" on line 10 of page 2. By striking "police, fire, or" on lines 11 and 12 of page 2. By striking "Such" and inserting in its place "Any such" on line 13 of page 2. By striking "police stations, fire stations, and" on line 21 of page 2. By striking "municipal" and inserting in its place "park" on line 23 of page 2. By striking "police station, fire station, or" on lines 30 and 34 of page 2 and line 3 of page 3. By striking "either" from line 1 of page 3 and "or Code Section 36-31-11.2" from line 2 of page 3. By inserting "and" at the end of line 20 of page 4. By striking lines 21 through 29 of page 4. By striking "(E)" and inserting in its place "(D)" on line 30 of page 4. By striking "$5,000.00" and inserting in its place "a minimum purchase price of $5,000.00" on line 7 of page 5. By striking "police stations, fire stations, or" on line 11 of page 5. By striking "corporation" on line 21 of page 8 and inserting in its place the following: corporation unless each member of the board of commissioners whose district is wholly or partially located in the territory described in the charter as included or proposed to be included within the new municipal corporation consents to such proposed rezoning action 4358 JOURNAL OF THE SENATE By deleting the quotation marks at the end of line 25 of page 8. By inserting between lines 25 and 26 of page 8 the following: (c) This Code section shall stand repealed in its entirety on December 31, 2009." On the adoption of the amendment, there were no objections, and the Weber amendment #2 to the committee substitute was adopted. Senators Reed of the 35th and Weber of the 40th offered the following amendment #3: Amend the Senate State and Local Governmental Operations Committee substitute to HB 1015 by inserting between "approved;" and "to" on line 14 of page 1 the following: to amend Code Section 48-8-89.1 of the Official Code of Georgia Annotated, relating to distribution of local option sales tax proceeds after certification of additional qualified municipalities, so as to change provisions relating to distribution of tax proceeds; to make provisions for qualified district areas; to define terms; to provide for distribution certificates and distribution formulas; to provide for other related matters; By inserting between lines 8 and 9 of page 10 the following: SECTION 4A. Code Section 48-8-89.1 of the Official Code of Georgia Annotated, relating to distribution of local option sales tax proceeds after certification of additional qualified municipalities, is amended by revising subsection (f) as follows: "(f)(1) As used in this subsection, the term: (A) 'New qualified municipality' means a municipal corporation which has been chartered by local Act since the date of filing with the commissioner of the most recently filed certificate under Code Section 48-8-89 within a county which has a special district for the provision of local government services consisting of the unincorporated area of the county where the population of the unincorporated area of the county, after removal of the population of the new municipality from the unincorporated area, constitutes less than 20 percent of the population of the county according to the most recent decennial census. (B) 'Newly expanded qualified municipality' means a municipal corporation which since the date of filing with the commissioner of the most recently filed certificate under Code Section 48-8-89 has increased its population by more than 15 percent through one or more annexations and is located in the same county as a new qualified municipality. (C) 'Qualified district area' means a special district for the provision of local government services consisting of the remaining unincorporated area of the county where the population of the unincorporated area of the county, after removal of the population of a new municipality or newly expanded municipality from the unincorporated area, constitutes less than 10 percent of the population of the county FRIDAY, APRIL 4, 2008 4359 according to the most recent decennial census. (2) Notwithstanding any other provision of this Code section, if there exists within any special district in which the tax authorized by this article is imposed a new qualified municipality, or a newly expanded qualified municipality or both, or qualified district area, or any combination thereof, such qualified municipality or municipalities or qualified district area may request the commissioner to give notice of the qualified municipalitys or municipalities or qualified district areas existence and status as a new qualified municipality, or newly expanded qualified municipality, or qualified district area as provided in this subsection. Upon receipt of such a request, the commissioner shall, unless he or she determines that the requesting entity is not a new qualified municipality, or newly expanded qualified municipality, or qualified district area, within 30 days give written notice of the qualified municipalitys or qualified district areas existence and status to the county which is conterminous with the special district in which the qualified municipality or qualified district area is located and to each other qualified municipality within the special district. Such written notice shall include the name of the new qualified municipality, or newly expanded qualified municipality, or qualified district area, the effective date of the notice, and a statement of the provisions of this subsection. (3) Within 60 days after the effective date of the notice referred to in paragraph (2) of this subsection, a new distribution certificate shall be filed with the commissioner for the special district. This distribution certificate shall address only the proceeds of the tax available for distribution from the percentage allocated to the county in the current distribution certificate and shall specify as a percentage of the total proceeds of the tax what portion of the proceeds shall be received by the county in which the special district is located and by the new qualified municipality, and newly expanded qualified municipality, and qualified district area, if any. (4) Except as otherwise provided in this paragraph, a distribution certificate required by this subsection must be executed by the governing authorities of the county within which the special district is located, of each new qualified municipality located wholly or partially within the special district, and of each newly expanded qualified municipality, if any. Except as otherwise provided in this paragraph, a distribution certificate required by this subsection must also be executed by the governing authority of the county within which the special district is located and by the governing authority of the county on behalf of the qualified district area, if any. If a new certificate is not filed within 60 days as required by paragraph (3) of this subsection, the commissioner shall distribute the proceeds of the tax available for distribution from the percentage allocated to the county in the current distribution certificate such that: (A) The new qualified municipality or qualified district area receives an allocation equal on a per capita basis to the average per capita allocation to the other qualified municipalities in the county (according to population), to be expended as provided in paragraph (2) of subsection (a) of Code Section 48-8-89; and (B) Any newly expanded qualified municipality or qualified district receives a total 4360 JOURNAL OF THE SENATE allocation of tax proceeds (including any amount previously allocated) equal on a per capita basis to the average per capita allocation to the other qualified municipalities in the county (according to population), to be expended as provided in paragraph (2) of subsection (a) of Code Section 48-8-89. Every other qualified municipality shall continue to receive the share provided by the existing distribution certificate or otherwise provided by law. The county shall receive the remaining proceeds of the tax, to be expended as provided in paragraph (2) of subsection (a) of Code Section 48-8-89. For the purpose of determining the population of qualified municipalities, only that portion of the population of each such municipality which is located within the special district shall be computed. For the purpose of determining the population of qualified district areas, only that portion of the population of each such district area which is located within the special district shall be computed. For the purpose of determining population under this Code section, all calculations of population shall be according to the most recent decennial census, including the census data from such census applicable to any annexed territory. (5) The commissioner shall begin to distribute the proceeds as specified in the newly filed certificate or, if such a certificate is not filed, as specified in paragraph (4) of this subsection on the first day of the first month which begins more than 60 days after the effective date of the notice referred to in paragraph (2) of this subsection. The commissioner shall continue to distribute the proceeds of the tax according to the existing certificate and the certificate applicable to the county and the new qualified municipality or qualified district area or, if such a certificate is not filed, as specified in paragraph (4) of this subsection until a subsequent certificate is filed and becomes effective as provided in Code Section 48-8-89." On the adoption of the amendment, there were no objections, and the Reed, Weber amendment #3 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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: C Adelman C Balfour N Brown Y Bulloch N Butler Y Carter Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton FRIDAY, APRIL 4, 2008 4361 Y Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans N Golden Y Grant E Hamrick Harbison Harp Y Hawkins Y Jackson Y Johnson N Jones Y Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey Y Reed E Rogers N Stoner N Tarver N Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 35, nays 15. HB 1015, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: HB 311. By Representatives Fleming of the 117th, Harbin of the 118th, O`Neal of the 146th, Yates of the 73rd, Talton of the 145th and others: A BILL to be entitled an Act to amend Subpart 10A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia HERO Scholarship, so as to change the definition of the term "qualifying term of service"; to change the date for qualifying service; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate Higher Education Committee substitute to HB 311 (LC 28 3725S) by striking "to provide that revenue collected from tuition in the university system shall not lapse;" on lines 2 and 3 on page 1 and by striking lines 8 through 26 on page 1, lines 1 through 36 on page 2, and lines 1and 2 on page 3 and inserting in lieu thereof the following: Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by revising subparagraphs (C) and (D) of paragraph (2) and paragraph (5) as follows: "(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 who was killed or sustained a 100 4362 JOURNAL OF THE SENATE percent disability in a combat zone or as a result of injuries received in a combat zone, which member completed at least one qualifying term of service; or (D) Is a surviving spouse of a deceased member of a reserve component of the armed forces of the United States who was killed or sustained a 100 percent disability in a combat zone or as a result of injuries received in a combat zone, 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 February 1, 2003, 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 cumulative 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." By redesignating Sections 3, 4, and 5 as Sections 2, 3, and 4, respectively; and by striking "2007" on line 9 on page 4 and inserting in lieu thereof "2008". By striking lines 6 through 35 on page 3 and lines 1 through 7 on page 4 and inserting in lieu thereof the following: "20-3-486. (a) There is granted to each eligible student under subparagraph (A) of paragraph (2) of Code Section 20-3-485 attending an approved school a Georgia HERO Scholarship grant for a maximum of four award years in the sum of $2,000.00 per award year. No person shall be eligible to receive grant assistance provided under this subsection in excess of $8,000.00. Applications for grants under this subsection must be made before July 1, 2010, or within two years after the date the student becomes eligible, whichever is later, and grant eligibility shall terminate eight years after the date the student becomes eligible. (b) There is granted to each eligible student under subparagraph (B) of paragraph (2) of Code Section 20-3-485 attending an approved school a Georgia HERO Scholarship grant in the sum of $2,000.00 per award year. Such student shall be eligible for one award year for each period of 181 consecutive cumulative days that his or her parent was deployed overseas on active service on or after May 3, 2005, February 1, 2003, to a location or locations outside of the United States and its territories designated by the United States Department of Defense as a combat zone; provided, however, that a student whose parent was killed or received a 100 percent disability as a result of injuries received in such combat zone shall receive up to a maximum of four award years regardless of the time such students parent was on active service in such combat zone. No person shall be eligible to receive grant assistance provided under this FRIDAY, APRIL 4, 2008 4363 subsection in excess of $8,000.00. Applications for grants under this subsection must be made before July 1, 2010, or within two years after the student becomes eligible, whichever is later, and grant eligibility shall terminate eight years after the student becomes eligible. (c) There is granted to each eligible student under subparagraph (C) or (D) of paragraph (2) of Code Section 20-3-485 attending an approved school a Georgia HERO Scholarship grant in the sum of $2,000.00 per award year. Such student shall be eligible for four award years. No person shall be eligible to receive grant assistance provided under this subsection in excess of $8,000.00. Applications for the initial grant under this subsection must be made before July 1, 2009 2010, or not later than two years following the death of the spouse, whichever is later, and no grant shall be issued later than six years after the initial grant is issued. (d) Grant assistance to eligible students under this subpart shall be payable on a pro rata basis based upon whether the student is enrolled full time or part time and the number of semesters or quarters of enrollment. The payment of grants to eligible students under this subpart shall be contingent upon the appropriation of funds by the General Assembly for the purposes of this subpart in annual appropriations Acts of the General Assembly." Senator Douglas of the 17th moved that the Senate agree to the House amendment to the Senate substitute to HB 311. On the motion, a roll call was taken and the vote was as follows: C Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Hawkins Y Heath Y Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed C Rogers Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams 4364 JOURNAL OF THE SENATE On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 311. The following Senators were excused for business outside the Senate Chamber: Smith of the 52nd Wiles of the 37th Senator Thomas of the 54th asked unanimous consent that HB 1043, having been placed on the Table on Wednesday, April 2, 2008, be taken from the Table. The consent was granted, and HB 1043 was taken from the Table. Pursuant to Senate Rule 4-2.10(a), HB 1043, having been taken from the Table, was put upon its passage. HB 1043. By Representatives Cooper of the 41st, Wilkinson of the 52nd, Jacobs of the 80th, Manning of the 32nd, Butler of the 18th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 41 of Title 31 of the Official Code of Georgia Annotated, the "Childhood Lead Exposure Control Act," so as to revise the definition of the term "confirmed lead poisoning"; to change certain provisions relating to the abatement of lead poisoning hazards; to provide for application of the article; 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: C Adelman Y Balfour Y Brown Y Bulloch Y Butler Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Schaefer Y Seabaugh Y Seay Y Shafer,D C Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R FRIDAY, APRIL 4, 2008 4365 Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Reed Y Rogers Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber C Wiles Williams On the passage of the bill, the yeas were 48, nays 0. HB 1043, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Hill of the 32nd Moody of the 56th The following bill was taken up to consider the Conference Committee Report thereto: HB 1027. By Representatives Rice of the 51st, Roberts of the 154th, Bearden of the 68th and Floyd of the 147th: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to persons completing defensive driving course or alcohol or drug program, so as to provide for approval of classroom, Internet, or other technology based driver improvement clinics curriculums; to provide for certificates of completion; to delete references to advanced defensive driving courses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on 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 Bulloch of the 11th /s/ Senator Carter of the 13th /s/ Senator Mullis of the 53rd /s/ Representative Rice of the 51st /s/ Representative May of the 111th /s/ Representative Powell of the 29th 4366 JOURNAL OF THE SENATE COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1027 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 approval of programs curriculums; to provide for certificates of completion; 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 40 of the Official Code of Georgia Annotated, relating to drivers licenses, is amended by revising subsection (a) of Code Section 40-5-81, relating to court ordered attendance at driver improvement clinics and programs, as follows: "(a) Any driver improvement program at which attendance is required by court order shall conform to the requirements of this article. Courts shall have the discretion to order or authorize individuals to attend or register for on-line or classroom driver improvement programs that are licensed and approved by the department under the provisions of Code Sections 40-5-82 and 40-5-83. Certificates of completion from unlicensed classroom, Internet, or other technology based driver improvement programs shall not be recognized for any purposes under this article. This Code section shall prohibit and shall not be construed or interpreted to allow the creation or licensing of any Internet, online, or other technology based DUI Alcohol or Drug Use Risk Reduction Programs." SECTION 2. Said chapter is further amended by revising paragraphs (1) and (1.1) of subsection (a) of Code Section 40-5-83, relating to establishment and approval of driver improvement clinics and programs, and adding a new subsection to read as follows: "(a)(1) The commissioner shall establish criteria for the approval of classroom, Internet, or other technology based driver improvement clinics. To be approved, a clinic shall provide and operate either a defensive driving course, an advanced defensive driving course, or a professional defensive driving course or any combination thereof to the department for approval, or notify the department of the clinics legal authority to use a currently approved curriculum or program, a curriculum consisting of a minimum of six hours of classroom, Internet, or technology based theoretical instruction consisting of traffic safety related information designed for the improvement or remediation of an individuals knowledge of defensive driving techniques and traffic laws. This provision shall not be construed to restrict licensed and approved curriculum providers from updating information to accurately reflect changes in this Code section or other defensive driving material. Clinics shall be FRIDAY, APRIL 4, 2008 4367 composed of uniform education and training programs consisting of six hours of instruction designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, qualifications of instructors, attendance requirements for students, and examinations. Approved On or after July 1, 2008, approved clinics shall charge a fee of $75.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course; except that such an Internet or technology based driver improvement program and $75.00 for a classroom driver improvement program. On or after July 1, 2009, an approved Internet or technology based driver improvement program shall charge a fee of not more than $75.00, and a classroom driver improvement program shall charge a fee of not more than $75.00. Such clinics may charge different fees of their own choosing if the person is not enrolling in such course pursuant to court order or department requirement. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college. The department shall establish security and operational standards consistent with the objectives of the training programs contained in this Code section. (1.1)(A) No driver improvement clinic shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name used by any other driver improvement clinic, Georgia company, or Georgia corporation registered with the Secretary of State. This subparagraph shall not prohibit the franchising or licensing of any part or all of the name of a driver improvement clinic by the owner or the rights thereof to another licensed driver improvement clinic. (B) This paragraph shall not prohibit the franchising or licensing of any part or all of the name of a clinic or an approved curriculum by the owner of the rights therein to another licensed driver improvement clinic, either directly or through a thirdparty provider." "(f) Persons convicted pursuant to Code Section 40-5-57 or 40-5-57.1 shall be permitted to participate in an Internet or technology based defensive driving course." SECTION 3. This Act shall become effective on July 1, 2008. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Bulloch of the 11th moved that the Senate adopt the Conference Committee Report on HB 1027. On the motion, a roll call was taken, and the vote was as follows: 4368 JOURNAL OF THE SENATE C Adelman Y Balfour N Brown Y Bulloch Y Butler Carter Y Chance N Chapman N Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick N Harbison N Harp Y Hawkins Y Heath Y Henson Y Hill,Jack C Hill,Judson N Hooks Y Hudgens Y Jackson N Johnson Y Jones Me V Bremen E Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Schaefer Y Seabaugh Y Seay N Shafer,D C Smith Y Staton Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson N Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 37, nays 10; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1027. The following communication was received by the Secretary: Senator Joseph Carter District 13 109 State Capitol Atlanta, GA 30334 Committees: Education and Youth Government Oversight Economic Development Judiciary Public Safety Health and Human Services Mr. Ewing, The State Senate Atlanta, Georgia 30334 4/4/08 My machine malfunctioned during the vote on the Conference Committee Report on HB 1027. Please indicate my vote as "No". Thank You. /s/ Joseph Carter FRIDAY, APRIL 4, 2008 4369 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 12. By Senators Shafer of the 48th, Rogers of the 21st, Hill of the 4th, Goggans of the 7th, Moody of the 56th and others: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," so as to eliminate provisions relating to the annual continuation budget report; to provide for the periodic application of zero-base budgeting to the budget process; to provide for analysis of departmental and program objectives; to provide for consideration of alternative funding levels; to provide for departmental priority lists; 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 822. By Senators Shafer of the 48th, Mullis of the 53rd, Reed of the 35th, Pearson of the 51st, Smith of the 52nd and others: A RESOLUTION creating the Georgia-North Carolina and GeorgiaTennessee Boundary Line Commission; and for other purposes. The House has disagreed to the Senate amendment to the following Bill of the House: HB 1035. By Representatives Smith of the 129th, Sheldon of the 105th, Floyd of the 147th, Rogers of the 26th, May of the 111th 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 motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House recedes from its position in substituting the following Bill of the Senate: 4370 JOURNAL OF THE SENATE SB 383. By Senators Hill of the 32nd, Chance of the 16th, Hudgens of the 47th, Thomas of the 54th, Rogers of the 21st 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 a short title; to provide for legislative intent; to provide for the Commissioner of Insurance to adopt policies to promote, approve, and encourage health savings account eligible high deductible plans in Georgia; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in such plans; to provide for certain requirements for such plans; to provide for health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House insists on its position in substituting the following Bill of the Senate: SB 305. By Senators Shafer of the 48th, Pearson of the 51st, Heath of the 31st, Thomas of the 54th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to revise a provision relating to the licensing of nongovernmental rescue organizations; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to revise certain provisions relating to liability of persons and entities in emergency situations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Mr. President: The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 544. By Representatives Hembree of the 67th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 33-50-2 of the Official Code of Georgia Annotated, relating to a required license for any multiple employer self-insured health plan to transact business in this state and health plans of municipalities, counties, or other political subdivisions, so FRIDAY, APRIL 4, 2008 4371 as to provide that any plan or arrangement established or maintained by two or more accredited independent nonproprietary institutions of higher education located in this state is not subject to the requirements relating to multiple employer self-insured health plans; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has disagreed to the Senate substitute to the following Bill of the House: HB 963. By Representatives Geisinger of the 48th, Setzler of the 35th, Lindsey of the 54th, Smith of the 70th, Porter of the 143rd 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 and special license plates, so as to provide a special license plate commemorating and supporting the sport of soccer in Georgia; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to the Georgia State Soccer Association, Inc.; 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: SB 1. By Senators Johnson of the 1st, Williams of the 19th, Hamrick of the 30th and Wiles of the 37th: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to minors generally, so as to provide that it shall be unlawful for persons required to register as sexual offenders to photograph a minor; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Mr. President: The House has disagreed to the Senate substitute to the following Bill of the House: HB 1015. By Representatives Jones of the 46th, Burkhalter of the 50th, Martin of the 47th, Geisinger of the 48th, Willard of the 49th and others: A BILL to be entitled an Act to amend Code Section 36-31-12 of the Official Code of Georgia Annotated, relating to special districts divided into noncontiguous areas, so as to provide for additional requirements regarding certain excess funds; to provide an effective date; to repeal conflicting laws; and for other purposes. 4372 JOURNAL OF THE SENATE 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 153. By Senator Hill of the 32nd: 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 for the development of consumer driven health insurance plans by the Commissioner of Insurance; to allow such plans to include wellness and health promotion programs; to provide that such programs shall not be considered unfair trade practices; to provide for related matters; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Knox of the 24th, Maxwell of the 17th, and Meadows of the 5th. 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 154. By Senators Murphy of the 27th, Pearson of the 51st, Johnson of the 1st, Rogers of the 21st, Shafer of the 48th and others: A BILL to be entitled an Act to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable only to municipal corporations, so as to provide that municipal corporations and newly incorporated municipalities enter into certain agreements with solid waste collection firms providing services for the territory annexed or incorporated; to provide for related matters; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Mills of the 25th, Knox of the 24th, and Jones of the 46th. The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 460. By Senators Heath of the 31st, Stoner of the 6th, Tate of the 38th, Schaefer of the 50th and Smith of the 52nd: 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 FRIDAY, APRIL 4, 2008 4373 on the first day of each month; to provide that no creditable service shall be granted for months in which dues payments are in arrears; to provide that a certain percentage of fines and forfeitures shall be due on the first day of each month; to provide a penalty for late payment; to provide that a certain amount collected in certain civil actions and for the recording of certain real estate instruments shall be due on the first day of the month; to provide conditions under which such benefit may be granted; to repeal conflicting laws; and for other purposes. SB 482. By Senators Hill of the 32nd and Meyer von Bremen of the 12th: 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 repeal Chapter 11, relating to the State Law Library; to amend Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the board of regents and the director of University of Georgia Libraries relative to state public libraries; Code Section 36-80-19 of the Official Code of Georgia Annotated, relating to the codification of ordinances and resolutions of local governments; and Code Section 45-13-22 of the Official Code of Georgia Annotated, relating to the distribution of the Georgia Laws and the journals of the House of Representatives and the Senate, so as to delete references to the State Law Library; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the Senate: SR 820. By Senators Mullis of the 53rd and Tolleson of the 20th: A RESOLUTION creating the Joint Department of Natural Resources Law Enforcement Study Committee; and for other purposes. At 5:45 p.m. the President announced the Senate would stand in recess until 6:30 p.m. At 6:30 p.m. Senator Hooks of the 14th called the Senate to order. Senator Johnson of the 1st called for a Quorum. The roll was called and the following Senators answered to their names: Brown Bulloch Butler Henson Hill,Jack Hill,Judson Schaefer Seay Shafer,D 4374 JOURNAL OF THE SENATE Chapman Cowsert Davenport Douglas Fort Golden Grant Hamrick Harbison Harp Hawkins Heath Jackson Johnson Jones Me V Bremen Moody Mullis Murphy Orrock Pearson Powell Ramsey Reed Smith Staton Stoner Tarver Tate Thomas,D Thomas,R Thompson,S Tolleson Wiles Williams Not answering were Senators: Adelman (Excused) Hooks (Presiding) Thompson, C. Balfour Rogers Chance Seabaugh A quorum was noted as present. The following bill was taken up to consider the Conference Committee Report thereto: HB 990. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009. The Conference Committee Report was as follows: The Committee of Conference on HB 990 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 990 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Hill of the 4th /s/ Senator Williams of the 19th /s/ Senator Johnson of the 1st /s/ Representative Keen of the 179th /s/ Representative Burkhalter of the 50th /s/ Representative Harbin of the 118th FRIDAY, APRIL 4, 2008 4375 CONFERENCE COMMITTEE SUBSTITUTE TO H.B. 990 A BILL TO BE ENTITLED AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009; 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, 2008, and ending June 30, 2009, as prescribed hereinafter for such fiscal year: Total Funds $40,801,341,830 Federal Funds and Grants $11,579,149,752 Temporary Assistance for Needy Families Block Grant $342,224,967 Social Services Block Grant $55,015,615 Child Care & Development Block Grant $56,567,627 Foster Care Title IV-E $87,240,470 Maternal and Child Health Services Block Grant $20,986,057 Medical Assistance Program $5,848,255,849 Preventive Health and Health Services Block Grant $4,404,431 Community Mental Health Services Block Grant $13,117,105 Prevention and Treatment of Substance Abuse Block Grant $63,290,669 Federal Highway Administration Highway Planning & Construction $1,242,517,438 State Children's Insurance Program $261,193,434 Community Service Block Grant $17,409,184 Low-Income Home Energy Assistance $24,912,301 TANF Block Grant - Unobligated Balance $87,618,821 TANF Block Grant Transfers to Social Services Block Grant $25,800,000 TANF Block Grant Transfers to Child Care Development Fund $252,000 CCDF Mandatory & Matching Funds $94,348,556 Federal Funds Not Specifically Identified $3,341,661,424 Other Funds $4,713,220,183 Agency Funds $2,135,862,866 Research Funds $1,499,277,515 Prior Year Funds from Other Sources $469,556,066 4376 JOURNAL OF THE SENATE Records Center Storage Fee Indigent Care Trust Fund - Public Hospital Authorities Other Funds Not Specifically Identified State Funds Lottery Funds Tobacco Funds State Motor Fuel Brain and Spinal Injury Trust Fund State General Funds Intra-State Government Transfers Health Insurance Payments Retirement Payments Self Insurance Trust Fund Payments Medicaid Services Payments - Other Agencies Other Intra-State Government Payments $435,771 $139,386,524 $468,701,441 $21,180,140,103 $882,255,743 $159,069,341 $1,042,158,859 $1,968,993 $19,094,687,167 $3,328,831,792 $2,696,711,178 $40,792,216 $126,748,132 $416,748,202 $47,832,064 Section 1: Georgia Senate Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $11,402,191 $0 $0 $11,402,191 $11,402,191 $0 1.1. Lieutenant Governor's Office Total Funds $1,365,993 Federal Funds and Grants $0 Other Funds $0 State Funds $1,365,993 State General Funds $1,365,993 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,326,662 $1,326,662 Reduce funding for operations by 2.5%. $0 $0 Reflect the budget request of the Georgia Senate. $39,331 $39,331 Amount appropriated in this Act $1,365,993 $1,365,993 FRIDAY, APRIL 4, 2008 4377 1.2. Secretary of the Senate's Office Total Funds $1,334,397 Federal Funds and Grants $0 Other Funds $0 State Funds $1,334,397 State General Funds $1,334,397 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,307,366 $1,307,366 Reduce funding for operations by 2.5%. $0 $0 Reflect the budget request of the Georgia Senate. $27,031 $27,031 Amount appropriated in this Act $1,334,397 $1,334,397 1.3. Senate Total Funds $7,629,495 Federal Funds and Grants $0 Other Funds $0 State Funds $7,629,495 State General Funds $7,629,495 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $7,260,970 $7,260,970 Reduce funding for operations by 2.5%. $0 $0 Reflect the budget request of the Georgia Senate. $368,525 $368,525 Amount appropriated in this Act $7,629,495 $7,629,495 1.4. Senate Budget and Evaluation Office Purpose: Provide budget development and evaluation expertise to the State Senate. Total Funds $1,072,306 Federal Funds and Grants $0 Other Funds $0 State Funds $1,072,306 State General Funds $1,072,306 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous 4378 JOURNAL OF THE SENATE appropriation act: Amount from prior Appropriation Act (HB 95) Reduce funding for operations by 2.5%. Reflect the budget request of the Georgia Senate. Amount appropriated in this Act State Funds $1,047,605 $0 $24,701 $1,072,306 Total Funds $1,047,605 $0 $24,701 $1,072,306 Section 2: Georgia House of Representatives Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $19,850,950 $0 $0 $19,850,950 $19,850,950 $0 2.1. Georgia House of Representatives Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $19,850,950 $0 $0 $19,850,950 $19,850,950 $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $18,995,716 $18,995,716 Reflect the budget request of the Georgia House of Representatives. $855,234 $855,234 Reduce funding for operations by 2.5%. $0 $0 Amount appropriated in this Act $19,850,950 $19,850,950 Section 3: Georgia General Assembly Joint Offices Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $10,479,449 $0 $0 $10,479,449 $10,479,449 $0 FRIDAY, APRIL 4, 2008 4379 3.1. Ancillary Activities Purpose: Provide services for the legislative branch of government. Total Funds $4,728,361 Federal Funds and Grants $0 Other Funds $0 State Funds $4,728,361 State General Funds $4,728,361 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $4,234,402 $4,234,402 Reduce funding for operations by 2.5%. $0 $0 Reflect the budget request of the Georgia General Assembly Joint Offices. $418,959 $418,959 Increase funds for reapportionment. $75,000 $75,000 Amount appropriated in this Act $4,728,361 $4,728,361 3.2. Legislative Fiscal Office Purpose: Act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of legislative expenditures and commitments. Total Funds $2,646,281 Federal Funds and Grants $0 Other Funds $0 State Funds $2,646,281 State General Funds $2,646,281 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,687,623 $2,687,623 Reduce funding for operations by 2.5%. $0 $0 Reflect the budget request of the Georgia General Assembly Joint Offices. ($41,342) ($41,342) Amount appropriated in this Act $2,646,281 $2,646,281 3.3. Office of Legislative Counsel Purpose: Provide bill-drafting services, advice and counsel for members of the General Assembly. 4380 JOURNAL OF THE SENATE Total Funds $3,104,807 Federal Funds and Grants $0 Other Funds $0 State Funds $3,104,807 State General Funds $3,104,807 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,003,569 $3,003,569 Reduce funding for operations by 2.5%. $0 $0 Reflect the budget request of the Georgia General Assembly Joint Offices. $101,238 $101,238 Amount appropriated in this Act $3,104,807 $3,104,807 Section 4: Audits and Accounts, Department of Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $35,427,174 $0 $0 $35,427,174 $35,427,174 $0 4.1. Administration Purpose: To provide administrative support to all Department programs. Total Funds $1,729,799 Federal Funds and Grants $0 Other Funds $0 State Funds $1,729,799 State General Funds $1,729,799 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,697,528 $1,697,528 Reduce funds to reflect an adjustment in Worker's Compensation premiums. ($1,797) ($1,797) Annualize the cost of the FY 2008 salary adjustment. $20,531 $20,531 FRIDAY, APRIL 4, 2008 4381 Reduce funding for operations by 2.5%. Delete funding for performance increases. Reduce funds to reflect operational efficiencies. Provide for a 3% salary increase effective January 1, 2009. Amount appropriated in this Act $0 $0 ($2,157) $15,694 $1,729,799 $0 $0 ($2,157) $15,694 $1,729,799 4.2. Audits and Assurance Services Purpose: Provide financial, performance, and information system audits. Total Funds $31,283,984 Federal Funds and Grants $0 Other Funds $0 State Funds $31,283,984 State General Funds $31,283,984 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $30,554,156 $30,554,156 Reduce funds to reflect an adjustment in Worker's Compensation premiums. ($39,295) ($39,295) Annualize the cost of the FY 2008 salary adjustment. $511,402 $511,402 Reduce funding for operations by 2.5%. $0 $0 Delete funding for performance increases. ($225,150) ($225,150) Reduce funds to reflect operational efficiencies. ($76,986) ($76,986) Provide for a 3% salary increase effective January 1, 2009. $428,857 $428,857 Transfer funding from the Office of Student Achievement to develop an auditing function for education funding formulas. $500,000 $500,000 Reduce funds received for five positions due to the Governor's veto of HB91 (2007 Session). ($283,023) ($283,023) Increase funds for performance auditors and for the production of a report. By December 31 of each year, for the immediately preceding fiscal year, the department shall produce a listing of all revenues received by each agency, the statutory basis for collection, the amount collected, expended, or reserved, and a reconciliation of the revenue balance. If the revenue source is a federal fund, the $283,023 $283,023 4382 JOURNAL OF THE SENATE Catalog of Federal Domestic Assistance number shall be included. The list shall be itemized by program as they appear in the General Appropriations Act. Reduce funds for professional expertise contracts. Reduce funds for financial audits of regional libraries and transfer responsibility to the Board of Regents. Amount appropriated in this Act ($80,000) ($289,000) ($80,000) ($289,000) $31,283,984 $31,283,984 4.3. Legislative Services Purpose: Provide information on retirement system services, promulgate statewide policies and procedures and provide fiscal note services. Total Funds $123,743 Federal Funds and Grants $0 Other Funds $0 State Funds $123,743 State General Funds $123,743 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $121,985 $121,985 Annualize the cost of the FY 2008 salary adjustment. $2,390 $2,390 Reduce funding for operations by 2.5%. $0 $0 Delete funding for performance increases. ($950) ($950) Reduce funds to reflect operational efficiencies. ($1,492) ($1,492) Provide for a 3% salary increase effective January 1, 2009. $1,810 $1,810 Amount appropriated in this Act $123,743 $123,743 4.4. Statewide Equalized Adjusted Property Tax Digest Purpose: 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 $2,289,648 Federal Funds and Grants $0 Other Funds $0 State Funds $2,289,648 FRIDAY, APRIL 4, 2008 4383 State General Funds $2,289,648 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,268,398 $2,268,398 Reduce funds to reflect an adjustment in Worker's Compensation premiums. ($2,838) ($2,838) Annualize the cost of the FY 2008 salary adjustment. $27,928 $27,928 Reduce funding for operations by 2.5%. $0 $0 Delete funding for performance increases. ($12,287) ($12,287) Reduce funds to reflect operational efficiencies. ($14,957) ($14,957) Provide for a 3% salary increase effective January 1, 2009. $23,404 $23,404 Amount appropriated in this Act $2,289,648 $2,289,648 Section 5: Appeals, Court of Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $14,894,435 $0 $150,000 $150,000 $14,744,435 $14,744,435 $0 5.1. Court of Appeals Purpose: 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 $14,894,435 Federal Funds and Grants $0 Other Funds $150,000 Other Funds Not Specifically Identified $150,000 State Funds $14,744,435 State General Funds $14,744,435 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 4384 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce funding for operations by 2.5%. Reflect an adjustment in the Workers' Compensation premium rate structure. Fund increases in operating expenses. Provide for a general salary increase of 3.5% effective January 1, 2009. Provide funds for a public information officer to conduct research, analysis and public contact work. Add one receptionist position to provide information to the public, as well as provide additional security for judges. Provide funds for a salary scale adjustment for staff attorneys including longevity steps and two additional steps to help recruit and maintain top attorneys. Provide additional real estate rental funding due to additional space acquired and an increase in square footage costs. Replace the court's docket system to improve access and provide simultaneous access through electronic case files. Provide funds for e-file initiative to allow court documents to be filed electronically. Delete one time funding for a disaster recovery plan. Reduce one time funding for renovation to the third floor of the Judicial Building for Judges. Amount appropriated in this Act Section 6: Judicial Council Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds $13,808,111 $159,571 ($63,078) $0 $0 ($13,386) $234,068 $159,151 $0 $0 $150,000 $258,530 $147,900 $45,329 ($30,000) ($111,761) $14,744,435 Total Funds $13,958,111 $159,571 ($63,078) $0 $0 ($13,386) $234,068 $159,151 $0 $0 $150,000 $258,530 $147,900 $45,329 ($30,000) ($111,761) $14,894,435 $19,454,114 $3,108,793 $3,108,793 FRIDAY, APRIL 4, 2008 4385 Other Funds State Funds State General Funds Intra-State Government Transfers $0 $16,345,321 $16,345,321 $0 6.1. Appellate Resource Center Purpose: The purpose of this program is to provide representation to all death penalty sentenced inmates in habeas proceedings. Total Funds $580,000 Federal Funds and Grants $0 Other Funds $0 State Funds $580,000 State General Funds $580,000 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $800,000 $800,000 Reduce funding for operations by 2.5%. ($20,000) ($20,000) Provide funds for litigation costs and one attorney for the Appellate Resource Center. $0 $0 Reduce funding due to increased availability of IOLTA funds. (CC:Reduce funds.) ($200,000) ($200,000) Amount appropriated in this Act $580,000 $580,000 6.2. Georgia Office of Dispute Resolution Purpose: The purpose is to oversee the development of court-connected alternative dispute resolution programs in Georgia. Total Funds $369,528 Federal Funds and Grants $172,890 Federal Funds Not Specifically Identified $172,890 Other Funds $0 State Funds $196,638 State General Funds $196,638 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $144,643 $330,322 4386 JOURNAL OF THE SENATE Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce funding for operations by 2.5%. Provide for a general salary increase of 3.5% effective January 1, 2009. Reduce other funds ($185,679) to reflect projected expenditures. Increase funds to restore reduction taken in HB95 (FY08). Increase federal funds ($172,892) to reflect projected expenditures. Amount appropriated in this Act $3,912 ($1,418) ($3,616) $3,117 $0 $50,000 $0 $196,638 $3,912 ($1,418) ($3,616) $3,117 ($185,679) $50,000 $172,890 $369,528 6.3. Institute of Continuing Judicial Education Purpose: 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 $1,475,500 Federal Funds and Grants $177,500 Federal Funds Not Specifically Identified $177,500 Other Funds $0 State Funds $1,298,000 State General Funds $1,298,000 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,109,297 $1,311,827 Annualize the cost of the FY 2008 salary adjustment. $18,311 $18,311 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,777) ($2,777) Reduce funding for operations by 2.5%. ($27,732) ($27,732) Provide for a general salary increase of 3.5% effective January 1, 2009. $6,105 $6,105 Reduce other funds ($202,530) due to projected expenditures. $0 ($202,530) Provide funding to the Institute of Continuing $17,500 $17,500 FRIDAY, APRIL 4, 2008 4387 Judicial Education for training of five new judges. Provide funds for the court administrators' professional certificate program (77,296) and for Magistrate Court judicial education products ($100,000). Increase federal funds ($177,500) to reflect projected expenditures. Amount appropriated in this Act $177,296 $177,296 $0 $1,298,000 $177,500 $1,475,500 6.4. Judicial Council Purpose: The purpose of this appropriation is to assist judges, administrators, clerks of court and other officers and employees of the court pertaining to matters relating to court administration, provided that $2,150,000 is designated for Drug and DUI Courts. Total Funds $16,730,046 Federal Funds and Grants $2,758,403 Federal Funds Not Specifically Identified $2,758,403 Other Funds $0 State Funds $13,971,643 State General Funds $13,971,643 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $13,841,964 $16,303,302 Annualize the cost of the FY 2008 salary adjustment. $92,675 $92,675 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($33,581) ($33,581) Increase the GBA real estate rental rate for office space. $0 $0 Reduce funding for operations by 2.5%. ($346,050) ($346,050) Reflect an adjustment in the Workers' Compensation premium rate structure. ($8,174) ($8,174) Reduce federal funds ($2,227,953) and other funds ($233,385) to reflect projected expenditures. $0 ($2,461,338) Reduce one-time funding for the child support calculator changes and for the mock trial competition. ($215,000) ($215,000) Provide for a general salary increase of 3.5% $73,828 $73,828 4388 JOURNAL OF THE SENATE effective January 1, 2009. Provide funds for the magistrate bench book and newsletter for the Council of Magistrate Court Judges. Provide funds for national mock trial program and one law clerk position for the Council of State Court Judges. Provide funds for statewide standards and data sharing program for the Courts Automation Commission. Add two juvenile law assistants for two judicial circuits to increase Title IV-E reimbursements. (CC:Use existing funds in ICJE to train existing personnel in drafting opinions for Title IV-E reimbursements.) Provide funds for mental health court summits to provide information dissemination to improve responses to individuals with mental illness who come into contact with the criminal justice system. Fund a pilot project for the Appalachian Circuit Family Law Information Center to serve Fannin, Gilmer and Pickens counties. Provide support funding for the Supreme Court Commission on Children, Marriage and Family Law. Add one full-time compliance coordinator for the Board of Court Reporting ($28,232) and one quality assessment and evaluation coordinator for the Commission on Interpreters ($49,316). Provide funds to implement three new drug courts, Drug Court Planning Initiative (DCPI) training for eight drug court teams and a statewide evaluation for adult felony drug courts. (CC:One court) Fund two new DUI courts. (CC:One court) Reduce one time funding for Guardianship video for Probate Courts. Increase federal funds ($2,492,903) to reflect projected expenditures. Transfer funds to the Council of Superior Court Clerks for the continuation of the Judicial Data Exchange (JDX) Project. Amount appropriated in this Act $15,000 $0 $200,000 $0 $0 $124,276 $60,000 $0 $131,877 $99,828 ($65,000) $0 $0 $13,971,643 $15,000 $0 $200,000 $0 $0 $124,276 $60,000 $0 $131,877 $99,828 ($65,000) $2,758,403 $0 $16,730,046 FRIDAY, APRIL 4, 2008 4389 6.5. Judicial Qualifications Commission Purpose: The purpose is to discipline, remove, and cause involuntary retirement of judges. Total Funds $299,040 Federal Funds and Grants $0 Other Funds $0 State Funds $299,040 State General Funds $299,040 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $302,599 $302,599 Annualize the cost of the FY 2008 salary adjustment. $2,793 $2,793 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,013) ($1,013) Reduce funding for operations by 2.5%. ($7,565) ($7,565) Provide for a general salary increase of 3.5% effective January 1, 2009. $2,226 $2,226 Amount appropriated in this Act $299,040 $299,040 Section 7: Juvenile Courts Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds State Funds State General Funds Intra-State Government Transfers $7,139,116 $447,456 $447,456 $0 $6,691,660 $6,691,660 $0 7.1. Council of Juvenile Court Judges Purpose: 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 $2,153,055 Federal Funds and Grants $447,456 Federal Funds Not Specifically Identified $447,456 Other Funds $0 4390 JOURNAL OF THE SENATE State Funds $1,705,599 State General Funds $1,705,599 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,701,125 $2,148,581 Annualize the cost of the FY 2008 salary adjustment. $17,837 $17,837 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($6,288) ($6,288) Reduce funding for operations by 2.5%. ($21,264) ($21,264) Provide for a general salary increase of 3.5% effective January 1, 2009. $14,189 $14,189 Reduce federal funds ($447,456) based on projected expenditures. $0 $0 Amount appropriated in this Act $1,705,599 $2,153,055 7.2. Grants to Counties for Juvenile Court Judges Purpose: This program mandates payment of state funds to circuits to pay for juvenile court judges salaries. Total Funds $4,986,061 Federal Funds and Grants $0 Other Funds $0 State Funds $4,986,061 State General Funds $4,986,061 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $5,002,426 $5,002,426 Reduce funding for operations by 2.5%. $0 $0 Remove funding for 1% pay raise per SB223 (2007 Session) due to the failure of the bill to pass. ($16,365) ($16,365) Increase funds for Grants to Counties for Juvenile Judges per HB1163 (2008 Session). Atlanta Circuit effective July 1, 2008 and Alcovy and Brunswick Circuits effective January 1, 2009. $0 $0 Amount appropriated in this Act $4,986,061 $4,986,061 FRIDAY, APRIL 4, 2008 4391 Section 8: Prosecuting Attorneys Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $61,048,741 $0 $0 $59,281,695 $59,281,695 $1,767,046 $1,767,046 8.1. District Attorneys Purpose: 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 $54,090,792 Federal Funds and Grants $0 Other Funds $0 State Funds $52,323,746 State General Funds $52,323,746 Intra-State Government Transfers $1,767,046 Other Intra-State Government Payments $1,767,046 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $51,194,203 $52,961,249 Annualize the cost of the FY 2008 salary adjustment. $679,722 $679,722 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($291,708) ($291,708) Reduce funding for operations by 2.5%. $0 $0 Provide for a general salary increase of 3.5% effective January 1, 2009. $637,857 $637,857 Provide additional funds for increased expenses in mileage reimbursement. $103,672 $103,672 Provide funds to adjust salaries and salary plans for District Attorney investigators effective July 1, 2008. $0 $0 Increase funds for salary ($163,087), one-time computer expense ($4,500) and travel ($4,000) for three Assistant District Attorneys per HB1163 (2008 $0 $0 4392 JOURNAL OF THE SENATE Session). Atlanta Circuit effective July 1, 2008 and Alcovy and Brunswick Circuits effective January 1, 2009. Amount appropriated in this Act $52,323,746 $54,090,792 8.2. Prosecuting Attorneys Council Purpose: This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors. Total Funds $6,957,949 Federal Funds and Grants $0 Other Funds $0 State Funds $6,957,949 State General Funds $6,957,949 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $6,207,472 $6,207,472 Annualize the cost of the FY 2008 salary adjustment. $58,302 $58,302 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($24,104) ($24,104) Reduce funding for operations by 2.5%. $0 $0 Reflect an adjustment in the Workers' Compensation premium rate structure. $697 $697 Provide for a general salary increase of 3.5% effective January 1, 2009. $52,707 $52,707 Provide funds for the continued development and deployment of a statewide case management system. $252,719 $252,719 Add one additional accounts receivable position ($54,316) and one payroll clerk position ($56,361). $103,516 $103,516 Provide additional funds for real estate rents. $16,036 $16,036 Provide funds for a software contract to purchase a web-based application that provides fast access to reliable information about people and businesses that will provide District Attorney offices with the ability to locate people. $0 $0 Fund increases in worker's compensation, liability insurance and unemployment insurance. $46,737 $46,737 Purchase and replace obsolete computer equipment $280,125 $280,125 FRIDAY, APRIL 4, 2008 4393 in District Attorney offices. Purchase Daniel's Criminal Trial Practice and Milich on Evidence reference books for District Attorney offices. Delete funding for one payroll clerk contract position. Amount appropriated in this Act $0 ($36,258) $6,957,949 $0 ($36,258) $6,957,949 Section 9: Superior Courts Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $63,622,100 $0 $0 $63,622,100 $63,622,100 $0 9.1. Council of Superior Court Clerks Purpose: 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 $1,751,550 Federal Funds and Grants $0 Other Funds $0 State Funds $1,751,550 State General Funds $1,751,550 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $258,000 $258,000 Reduce funding for operations by 2.5%. ($6,450) ($6,450) Provide funds for the continuation of the Judicial Data Exchange (JDX) Project. $1,500,000 $1,500,000 Increase funding by amount transferred from Georgia Courts Automation Commission (GCAC) for the continuation of the Judicial Data Exchange (JDX) Project. $0 $0 Amount appropriated in this Act $1,751,550 $1,751,550 9.2. Council of Superior Court Judges Purpose: The purpose of the Council of Superior Court Judges is to further the improvement 4394 JOURNAL OF THE SENATE of the superior court and the administration of justice through leadership, training, policy development and budgetary and fiscal administration. Total Funds $1,483,201 Federal Funds and Grants $0 Other Funds $0 State Funds $1,483,201 State General Funds $1,483,201 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,079,165 $1,079,165 Annualize the cost of the FY 2008 salary adjustment. $13,165 $13,165 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($5,765) ($5,765) Increase the GBA real estate rental rate for office space. $0 $0 Reduce funding for operations by 2.5%. ($26,979) ($26,979) Reflect an adjustment in the Workers' Compensation premium rate structure. $39,777 $39,777 Provide for a general salary increase of 3.5% effective January 1, 2009. $16,204 $16,204 Redirect funds from the Superior Court Judges program for five contract employees to the Council of Superior Court Judges program for five permanent positions. $352,226 $352,226 Reduction of one-time funding for temporary labor. ($27,200) ($27,200) Reduce funds for Sentence Review Panel. ($54,208) ($54,208) Provide for increases in operating expenses. $20,000 $20,000 Add one paralegal position ($37,363) and fund a permanent increase in temporary labor funds ($15,000). $37,363 $37,363 Provide for an increase in personal services to provide future step increases and allow flexibility in new hire salaries. $0 $0 Annualize step increase for council staff effective July 1, 2007. $39,453 $39,453 Amount appropriated in this Act $1,483,201 $1,483,201 FRIDAY, APRIL 4, 2008 4395 9.3. Judicial Administrative Districts Purpose: 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 $2,348,845 Federal Funds and Grants $0 Other Funds $0 State Funds $2,348,845 State General Funds $2,348,845 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,378,508 $2,378,508 Annualize the cost of the FY 2008 salary adjustment. $28,047 $28,047 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($8,666) ($8,666) Reduce funding for operations by 2.5%. ($59,463) ($59,463) Provide for a general salary increase of 3.5% effective January 1, 2009. $24,360 $24,360 Provide funds for real estate rents. $11,059 $11,059 Provide additional funds for court security training. $0 $0 Reduce one-time funding for security training. ($25,000) ($25,000) Amount appropriated in this Act $2,348,845 $2,348,845 9.4. Superior Court Judges Purpose: The purpose is to be Georgia's Superior Courts to be general jurisdiction trial court and exercise exclusive, constitutional authority over felony cases, divorce, equity and cases regarding title to land; provided that law clerks over the fifty provided by law are to be allocated back to the circuits by caseload ranks. Total Funds $58,038,504 Federal Funds and Grants $0 Other Funds $0 State Funds $58,038,504 State General Funds $58,038,504 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 4396 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce funding for operations by 2.5%. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 3.5% effective January 1, 2009. Reduce one-time funding for Fulton Business Court. Reduce one-time funding for equipment and furniture ($75,000) and for new judgeships ($75,000). Redirect funds from the Superior Court Judges program for five contract employees to the Council of Superior Court Judges program for five permanent positions. Annualize funding for the employer contributions for the county courts (juvenile court judges, state court judges, and county solicitors general) retirement fund. Fund an increase in travel funds for mileage reimbursements and judges travel costs. Annualize increases and adjustments in health insurance, retirement, FICA, county paid secretaries and law assistants and other costs. Funds employer contributions for the county courts (juvenile court judges, state court judges, and county solicitors general) retirement fund. Annualize funding for three new judgeships (Cordele, Enotah, and Gwinnett) starting January 1, 2008. Increase funds for salary ($558,016), one-time expenses ($41,100) and operating costs ($56,436) for three Superior Court Judges per HB1163 (2008 Session). Atlanta Circuit effective July 1, 2008 and Alcovy and Brunswick Circuits effective January 1, 2009. Amount appropriated in this Act State Funds $57,130,015 $757,181 ($238,042) ($714,125) ($79,089) $669,099 ($100,000) ($150,000) ($352,226) $387,000 $48,500 $103,469 $155,000 $421,722 $0 $58,038,504 Total Funds $57,130,015 $757,181 ($238,042) ($714,125) ($79,089) $669,099 ($100,000) ($150,000) ($352,226) $387,000 $48,500 $103,469 $155,000 $421,722 $0 $58,038,504 FRIDAY, APRIL 4, 2008 4397 Section 10: Supreme Court Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $8,837,974 $0 $0 $8,837,974 $8,837,974 $0 10.1. Supreme Court of Georgia Purpose: The purpose is to be a court of review and exercise exclusive appellate jurisdiction in all cases involving the construction of a treaty or of the Constitution of the State of Georgia or of the United States and all cases in which the constitutionality of a law, ordinance, or constitutional provision has been drawn in question, and all cases of election contest. Total Funds $8,837,974 Federal Funds and Grants $0 Other Funds $0 State Funds $8,837,974 State General Funds $8,837,974 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $8,700,335 $8,700,335 Annualize the cost of the FY 2008 salary adjustment. $104,629 $104,629 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($35,094) ($35,094) Increase the GBA real estate rental rate for office space. $0 $0 Reduce funding for operations by 2.5%. ($108,754) ($108,754) Reflect an adjustment in the Workers' Compensation premium rate structure. ($9,146) ($9,146) Provide for a general salary increase of 3.5% effective January 1, 2009. $89,806 $89,806 Provide additional funds for DOAS liability insurance. $12,000 $12,000 Fund postage expenses ($5,000) and increases in operating expenses ($162,047). $5,000 $5,000 Provide funds for travel reimbursement for justices $4,850 $4,850 4398 JOURNAL OF THE SENATE in accordance with HB 120. Provide additional funds for contract renewals for Lexis-Nexis and Westlaw. Add one Supreme Court security officer position. Provide funds for the creation and update of Supreme Court videos ($37,000) and for the creation of a disaster recovery co-location site and upgrades in computer equipment ($71,050). Amount appropriated in this Act $3,298 $0 $71,050 $3,298 $0 $71,050 $8,837,974 $8,837,974 Section 11: Accounting Office, State Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $14,714,945 $0 $0 $5,456,173 $5,456,173 $9,258,772 $9,258,772 11.1. State Accounting Office Purpose: Support statewide PeopleSoft financials and human capital management, provide the comprehensive annual financial report of Georgia, and create accounting procedures and policies for state agencies. Total Funds $14,714,945 Federal Funds and Grants $0 Other Funds $0 State Funds $5,456,173 State General Funds $5,456,173 Intra-State Government Transfers $9,258,772 Other Intra-State Government Payments $9,258,772 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $7,205,916 $16,464,688 Annualize the cost of the FY 2008 salary adjustment. $62,155 $62,155 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($15,474) ($15,474) Increase the GBA real estate rental rate for office $0 $0 FRIDAY, APRIL 4, 2008 4399 space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($40,448), and for performance increases ($16,179). Reduce postage ($50,000) and real estate rentals ($50,000) to reflect projected expenditures. Reduce computer charges to reflect projected expenditures. Transfer funds and 11 positions for the asset management program (fleet management system) from the State Accounting Office to the Department of Administrative Services. Amount appropriated in this Act $0 ($16,179) $12,246 $56,627 $0 ($16,179) $12,246 $56,627 ($100,000) ($44,118) ($1,705,000) ($100,000) ($44,118) ($1,705,000) $5,456,173 $14,714,945 Section 12: Administrative Services, Department of Total Funds Federal Funds and Grants Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Self Insurance Trust Fund Payments Other Intra-State Government Payments $168,067,585 $0 $24,394,399 $23,412,961 $981,438 $13,792,429 $13,792,429 $129,880,757 $126,748,132 $3,132,625 12.1. Administration Purpose: Provide administrative support to all department programs. Total Funds $5,994,354 Federal Funds and Grants $0 Other Funds $2,635,916 Agency Funds $2,635,916 State Funds $3,358,438 State General Funds $3,358,438 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous 4400 JOURNAL OF THE SENATE appropriation act: Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Transfer the marketing and communications unit and 3 positions from the State Purchasing program to the Administration program. Provide funds to continue the department's transformation to upgrade services and improve enterprise programs. Adjust funding for real estate rentals based on projected expenditures. Increase funds to help cover a projected shortfall in personal services. Provide for a general salary increase of 2.5% effective January 1, 2009 ($18,352), for performance increases ($7,341), and for structure adjustments to the statewide salary plan ($463). Provide additional funding. Amount appropriated in this Act State Funds $2,349,936 $48,251 ($6,503) Total Funds $4,347,678 $91,399 ($6,503) $0 $0 ($7,341) ($12,796) $138,254 $0 $0 ($7,341) ($12,796) $239,344 $0 $145,932 ($27,519) $0 $26,156 ($50,962) $371,447 $26,156 $850,000 $3,358,438 $850,000 $5,994,354 12.2. Fiscal Services Purpose: Provide administrative functions and services necessary for the fulfillment of the responsibilities of the Superior Courts. Total Funds $0 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, APRIL 4, 2008 4401 Amount from prior Appropriation Act (HB 95) Terminate the contract with Superior Courts for accounting services and transfer 6 positions, eliminating the Fiscal Services program. Amount appropriated in this Act State Funds $0 $0 Total Funds $325,184 ($325,184) $0 $0 12.3. Fleet Management Purpose: In conjunction with the Office of Planning and Budget, 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 Funds $3,092,079 Federal Funds and Grants $0 Other Funds $1,387,079 Agency Funds $719,941 Other Funds Not Specifically Identified $667,138 State Funds $1,705,000 State General Funds $1,705,000 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $2,154,337 Annualize the cost of the FY 2008 salary adjustment. $0 $12,284 Provide funds to continue the department's transformation to upgrade services and improve enterprise programs. $0 $75,393 Adjust funding based on projected cost efficiencies. $0 ($383,545) Increase personal services to fill vacancies. $0 $0 Adjust funding for real estate rentals based on projected expenditures. $0 $7,662 Eliminate funding, 9 positions, and 163 vehicles as a result of the Enterprise contract. $0 ($1,198,993) Transfer funds and 11 positions for the asset management program (fleet management system) to the Department of Administrative Services from the State Accounting Office. $1,705,000 $1,705,000 Increase funds to reflect projected revenue receipts. $0 $719,941 Amount appropriated in this Act $1,705,000 $3,092,079 4402 JOURNAL OF THE SENATE 12.4. Mail and Courier Purpose: Provide convenient, efficient, and cost effective services through aggregation of demand for Capitol Hill and metro area mail and package delivery services. Total Funds $1,130,155 Federal Funds and Grants $0 Other Funds $1,130,155 Agency Funds $1,130,155 State Funds $0 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $1,398,982 Annualize the cost of the FY 2008 salary adjustment. $0 $8,733 Adjust funding based on projected cost efficiencies. $0 ($111,643) Increase personal services to fill vacancies. $0 $0 Adjust funding for real estate rentals based on projected expenditures. $0 ($102,194) Reduce funds and eliminate 1 position to continue the department's transformation to upgrade services and improve enterprise programs. $0 ($63,723) Amount appropriated in this Act $0 $1,130,155 12.5. Risk Management Purpose: Minimize cost and provide fair treatment of citizens through effective claims management. Total Funds $129,880,757 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $129,880,757 Self Insurance Trust Fund Payments $126,748,132 Other Intra-State Government Payments $3,132,625 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $137,428,923 Annualize the cost of the FY 2008 salary adjustment. $0 $63,480 FRIDAY, APRIL 4, 2008 4403 Reduce funds for claims to reflect recent claims activity and anticipated savings due to loss control efforts. Reduce funds for re-insurance due to the negotiation of lower rates. Adjust funding based on projected cost efficiencies. Increase personal services to fill vacancies. Adjust funding for real estate rentals based on projected expenditures. Increase funds to cover a projected shortfall in personal services. Reduce funds to continue the department's transformation to upgrade services and improve enterprise programs. Amount appropriated in this Act $0 ($4,115,442) $0 ($2,902,654) $0 ($629,562) $0 $0 $0 $25,997 $0 $99,612 $0 ($89,597) $0 $129,880,757 12.6. State Purchasing Purpose: Reduce cost through aggregation of purchasing demand for state and local governments and provide fair and equitable access through open, structured competitive procurement. Total Funds $14,971,472 Federal Funds and Grants $0 Other Funds $10,729,801 Agency Funds $10,415,501 Other Funds Not Specifically Identified $314,300 State Funds $4,241,671 State General Funds $4,241,671 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $7,336,529 $7,622,622 Annualize the cost of the FY 2008 salary adjustment. $99,632 $113,026 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($27,077) ($27,077) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($30,566) ($30,566) 4404 JOURNAL OF THE SENATE Reflect an adjustment in the Workers' Compensation premium rate structure. Transfer the marketing and communications unit and 3 positions from the State Purchasing program to the Administration program. Provide funds to continue the department's transformation to upgrade services and improve enterprise programs. Adjust funding for real estate rentals based on projected expenditures. Reduce personal services to reflect vacancy and hiring patterns. Provide for a general salary increase of 2.5% effective January 1, 2009 ($76,416), and for performance increases ($30,566). Replace funds and utilize reserves. Increase funds to reflect projected revenue receipts. Amount appropriated in this Act ($34,596) ($138,254) ($34,596) ($239,344) $0 $292,103 $3,429 ($148,653) $106,982 $113,322 ($148,653) $106,982 ($2,925,755) $0 $4,241,671 $0 $7,203,653 $14,971,472 12.7. Surplus Property Purpose: 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 $4,657,141 Federal Funds and Grants $0 Other Funds $4,657,141 Agency Funds $4,657,141 State Funds $0 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $2,332,891 Annualize the cost of the FY 2008 salary adjustment. $0 $29,215 Provide funds to continue the department's transformation to upgrade services and improve enterprise programs. $0 $127,556 Adjust funding based on projected cost efficiencies. $0 $209,287 Increase personal services to fill vacancies. $0 $40,477 Reflect and utilize existing reserves to purchase $0 $1,266,324 FRIDAY, APRIL 4, 2008 4405 vehicles in the Department of Agriculture, Department of Natural Resources and the Department of Corrections in accordance with OCGA 50-5-17. Increase funds to reflect projected revenue receipts. Amount appropriated in this Act $0 $651,391 $0 $4,657,141 12.8. U. S. Post Office Purpose: Provide convenient and cost-effective postal services to agencies and individuals. Total Funds $90,506 Federal Funds and Grants $0 Other Funds $90,506 Agency Funds $90,506 State Funds $0 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $21,415 $176,990 Annualize the cost of the FY 2008 salary adjustment. $0 $1,263 Increase personal services to fill vacancies. $0 $15,016 Adjust funding for real estate rentals based on projected expenditures. $0 ($5,838) Realize savings and eliminate 3 positions due to the closure of the Floyd building post office and consolidation of services with the rapid copy vendor. ($21,415) ($96,925) Amount appropriated in this Act $0 $90,506 The following appropriations are for agencies attached for administrative purposes. 12.9. Agency for the Removal of Hazardous Materials Purpose: Establish and administer a program for the abatement and removal of asbestos and other hazardous materials from premises of the state. Total Funds $0 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $0 4406 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 95) $85,354 $85,354 Eliminate funding due to GBA handling the remaining work of asbestos removal on Capitol Hill. ($85,354) ($85,354) Amount appropriated in this Act $0 $0 12.10. Health Planning Review Board Purpose: Review decisions made by hearing officers. Total Funds State Funds State General Funds $60,473 $60,473 $60,473 12.11. Office of State Administrative Hearings Purpose: Provide an impartial, independent forum for resolving disputes between the public and state agencies. Total Funds $4,185,531 Federal Funds and Grants $0 Other Funds $608,684 Agency Funds $608,684 State Funds $3,576,847 State General Funds $3,576,847 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $4,042,713 $4,651,397 Annualize the cost of the FY 2008 salary adjustment. $57,589 $57,589 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($13,917) ($13,917) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($15,681) ($15,681) Realign the budget by reducing personal services by $897,519 and increasing operating expenses by $348,778 to reflect projected expenditures. ($548,741) ($548,741) Provide for a general salary increase of 2.5% effective January 1, 2009 ($39,203), and for $54,884 $54,884 FRIDAY, APRIL 4, 2008 4407 performance increases ($15,681). Amount appropriated in this Act $3,576,847 $4,185,531 12.12. Office of Treasury and Fiscal Services Purpose: Receive and keep safely all monies paid to the treasury and pay all warrants legally drawn on the treasury. Total Funds $3,155,117 Federal Funds and Grants $0 Other Funds $3,155,117 Agency Funds $3,155,117 State Funds $0 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $3,122,680 Annualize the cost of the FY 2008 salary adjustment. $0 $32,437 Amount appropriated in this Act $0 $3,155,117 12.13. Payments to Georgia Technology Authority Purpose: Set the direction for the state's use of technology and promote efficient, secure, and cost-effective delivery of information technology services. Total Funds $0 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,396,769 $1,396,769 Eliminate 5 positions and funding for the implementation of the Commission for a New Georgia's Information Technology Task Force recommendations. ($396,769) ($396,769) Eliminate grant funding for wireless broadband. ($1,000,000) ($1,000,000) Amount appropriated in this Act $0 $0 4408 JOURNAL OF THE SENATE 12.14. Compensation Per General Assembly Resolutions Purpose: Fund HR102 of the 2007 Session. Total Funds $850,000 Federal Funds and Grants $0 Other Funds $0 State Funds $850,000 State General Funds $850,000 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $825,000 $825,000 Delete the one-time cost of purchasing an annuity for an individual who was wrongfully imprisoned. ($825,000) ($825,000) Provide funds to purchase an annuity for a wrongfully convicted individual as required by HR1078 of the 2008 Session. $850,000 $850,000 Amount appropriated in this Act $850,000 $850,000 Section 13: Agriculture, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers $58,333,435 $8,049,321 $8,049,321 $3,564,689 $3,564,689 $46,719,425 $46,719,425 $0 13.1. Administration Purpose: Provide administrative support for all programs of the department. Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers $6,899,995 $69,500 $69,500 $258,721 $258,721 $6,571,774 $6,571,774 $0 FRIDAY, APRIL 4, 2008 4409 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $6,782,863 $7,111,084 Annualize the cost of the FY 2008 salary adjustment. $59,717 $59,717 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($16,565) ($16,565) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($17,656) ($17,656) Reflect an adjustment in the Workers' Compensation premium rate structure. ($9,445) ($9,445) Decrease department personal services by 2%. $0 $0 Restore personal services funding to enable the department to recruit and retain qualified personnel. $0 $0 Implement agency-wide salary adjustments per State Personnel Administration study. $0 $0 Delete one-time funds for online licensing implementation. ($280,000) ($280,000) Provide for a general salary increase of 2.5% effective January 1, 2009 ($35,204)and for performance increases ($17,656). $52,860 $52,860 Amount appropriated in this Act $6,571,774 $6,899,995 13.2. Athens-Tifton Veterinary Diagnostic Labs Purpose: Ensure the health of production, equine and companion animals, and protect public health as it relates to animals within the State of Georgia. Total Funds $3,775,613 Federal Funds and Grants $0 Other Funds $0 State Funds $3,775,613 State General Funds $3,775,613 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,651,229 $3,651,229 4410 JOURNAL OF THE SENATE Annualize the cost of the FY 2008 salary adjustment. Amount appropriated in this Act $124,384 $3,775,613 $124,384 $3,775,613 13.3. Consumer Protection Purpose: Ensure a safe food supply, guarantee a safe and healthy supply of agricultural products, provide for accurate commercial transactions, and protect animal health (production, equine and companion) for the citizens of Georgia. Total Funds $33,428,135 Federal Funds and Grants $7,199,221 Federal Funds Not Specifically Identified $7,199,221 Other Funds $1,835,000 Agency Funds $1,835,000 State Funds $24,393,914 State General Funds $24,393,914 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $24,000,511 $31,684,732 Annualize the cost of the FY 2008 salary adjustment. $298,447 $298,447 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($100,198) ($100,198) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($106,797) ($106,797) Reflect an adjustment in the Workers' Compensation premium rate structure. ($57,130) ($57,130) Decrease department personal services by 2%. $0 $0 Restore personal services funding to enable the department to recruit and retain qualified personnel. $0 $0 Implement agency-wide salary adjustments per State Personnel Administration study. $0 $0 Finish the inspection automation begun in FY 2006 to promote efficiency in all consumer protection inspections. $0 $0 Provide vehicles for 46 consumer protection inspectors driving over 14,000 miles per year. $0 $0 FRIDAY, APRIL 4, 2008 4411 Replace 27 vehicles with mileage in excess of 170,000 used by consumer protection inspectors in their daily work. Delete one-time funds used to replace eight highmileage vehicles. Eliminate the equine manager position due to department reorganization. Fill two vacant imported food/seafood positions and one vacant dairy industry position to protect the food supply and promote the Georgia dairy industry. Provide for a general salary increase of 2.5% effective January 1, 2009 ($212,938), for performance increases ($106,797), for employees in specified critical jobs ($119,317), and for structure adjustments to the statewide salary plan ($11,803). Increase federal funds ($450,000) and other funds ($750,000) to reflect projected expenditures for FY 2009. Provide funding for 1 Homeland Security and Food Defense position. Amount appropriated in this Act $0 ($120,000) ($82,580) $66,458 $450,855 $150,000 ($120,000) ($82,580) $66,458 $450,855 $0 $1,200,000 $44,348 $24,393,914 $44,348 $33,428,135 13.4. Marketing and Promotion Purpose: Expand sales of Georgia's commodities from growers by promoting them domestically and internationally. Total Funds $10,591,356 Federal Funds and Grants $780,600 Federal Funds Not Specifically Identified $780,600 Other Funds $1,470,968 Agency Funds $1,470,968 State Funds $8,339,788 State General Funds $8,339,788 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $8,269,475 $8,991,043 Annualize the cost of the FY 2008 salary adjustment. $56,741 $56,741 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% ($24,454) ($24,454) 4412 JOURNAL OF THE SENATE to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Decrease department personal services by 2%. Restore personal services funding to enable the department to recruit and retain qualified personnel. Implement agency-wide salary adjustments per State Personnel Administration study. Replace three vehicles with mileage in excess of 170,000 used by staff in their daily work. Provide for a general salary increase of 2.5% effective January 1, 2009 ($51,969) and for performance increases ($26,065). Increase federal funds ($750,000) and other funds ($750,000) to reflect projected expenditures for FY 2009. Amount appropriated in this Act $0 $0 ($26,065) ($13,943) $0 $0 $0 $0 $78,034 $0 $0 ($26,065) ($13,943) $0 $0 $0 $30,000 $78,034 $0 $1,500,000 $8,339,788 $10,591,356 13.5. Poultry Veterinary Diagnostic Labs Purpose: Provide poultry disease diagnostic and monitoring services with a focus on avian influenza. Total Funds $3,638,336 Federal Funds and Grants $0 Other Funds $0 State Funds $3,638,336 State General Funds $3,638,336 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,488,544 $3,488,544 Annualize the cost of the FY 2008 salary adjustment. $73,608 $73,608 Reduce general salary increase from 2.5% to 2%. $0 $0 Provide for a general salary increase of 2.5% effective January 1, 2009. $76,184 $76,184 FRIDAY, APRIL 4, 2008 4413 Amount appropriated in this Act $3,638,336 $3,638,336 Section 14: Banking and Finance, Department of Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $12,898,273 $0 $0 $12,898,273 $12,898,273 $0 14.1. Administration Purpose: Provide administrative support to all department programs. Total Funds $2,089,102 Federal Funds and Grants $0 Other Funds $0 State Funds $2,089,102 State General Funds $2,089,102 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,876,614 $1,876,614 Annualize the cost of the FY 2008 salary adjustment. $26,939 $26,939 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($8,163) ($8,163) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($8,722) ($8,722) Reflect an adjustment in the Workers' Compensation premium rate structure. ($2,789) ($2,789) Transfer funds from the Chartering, Licensing, and Applications/Non-Mortgage Entities program to the Administration program to properly budget funds for projected expenses. $174,693 $174,693 Provide for a general salary increase of 2.5% effective January 1, 2009 ($21,808) and for performance increases ($8,723). Amount appropriated in this Act $30,530 $2,089,102 $30,530 $2,089,102 4414 JOURNAL OF THE SENATE 14.2. Chartering, Licensing and Applications/Non-mortgage Entities Purpose: 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 $550,974 Federal Funds and Grants $0 Other Funds $0 State Funds $550,974 State General Funds $550,974 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,250,814 $1,250,814 Annualize the cost of the FY 2008 salary adjustment. $14,472 $14,472 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,453) ($2,453) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,622) ($2,622) Reflect an adjustment in the Workers' Compensation premium rate structure. ($775) ($775) Transfer funds from the Chartering, Licensing, and Applications/Non-Mortgage Entities program to the Administration program ($174,693), Consumer Protection and Assistance program ($80,516), and Financial Institution Supervision program ($462,430) to properly budget funds for projected expenses. ($358,819) ($358,819) Transfer funds from the Chartering, Licensing, and Applications/Non-Mortgage Entities program to the Administration program ($174,693), Consumer Protection and Assistance program ($80,516), and Financial Institution Supervision program ($462,430) to properly budget funds for projected expenses. ($358,820) ($358,820) Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,555) and for performance increases ($2,622). $9,177 $9,177 Amount appropriated in this Act $550,974 $550,974 FRIDAY, APRIL 4, 2008 4415 14.3. Consumer Protection and Assistance Purpose: Assist consumers with problems encountered when dealing with department regulated entities. Total Funds $660,553 Federal Funds and Grants $0 Other Funds $0 State Funds $660,553 State General Funds $660,553 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $564,842 $564,842 Annualize the cost of the FY 2008 salary adjustment. $11,825 $11,825 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,572) ($2,572) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,749) ($2,749) Reflect an adjustment in the Workers' Compensation premium rate structure. ($930) ($930) Transfer funds from the Chartering, Licensing, and Applications/Non-Mortgage Entities program to the Consumer Protection and Assistance program to properly budget funds for projected expenses. $80,516 $80,516 Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,872) and for performance increases ($2,749). $9,621 $9,621 Amount appropriated in this Act $660,553 $660,553 14.4. Financial Institution Supervision Purpose: 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 $7,757,393 Federal Funds and Grants $0 Other Funds $0 State Funds $7,757,393 State General Funds $7,757,393 4416 JOURNAL OF THE SENATE Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $6,734,312 $6,734,312 Annualize the cost of the FY 2008 salary adjustment. $263,851 $263,851 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($32,668) ($32,668) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($34,910) ($34,910) Reflect an adjustment in the Workers' Compensation premium rate structure. ($15,367) ($15,367) Transfer funds from the Chartering, Licensing, and Applications/Non-Mortgage Entities program ($462,430) and the Mortgage Supervision program ($21,534) to the Financial Institution Supervision program to properly budget funds for projected expenses. $483,964 $483,964 Provide funds to improve information systems controls that support business processes and objectives. $55,000 $55,000 Restore operational funding for VOIP phone system for field offices. $181,025 $181,025 Provide for a general salary increase of 2.5% effective January 1, 2009 ($87,276) and for performance increases ($34,910). $122,186 $122,186 Amount appropriated in this Act $7,757,393 $7,757,393 14.5. Mortgage Supervision Purpose: Protect customers from unfair, deceptive, or fraudulent residential mortgage lending practices and enforce applicable laws and regulations. Total Funds $1,840,251 Federal Funds and Grants $0 Other Funds $0 State Funds $1,840,251 State General Funds $1,840,251 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, APRIL 4, 2008 4417 Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Transfer funds from the Mortgage Supervision program to the Financial Institution Supervision program to properly budget funds for projected expenses. Provide for a general salary increase of 2.5% effective January 1, 2009 ($18,078) and for performance increases ($7,231). Amount appropriated in this Act State Funds $1,792,060 $61,669 ($6,766) Total Funds $1,792,060 $61,669 ($6,766) $0 ($7,232) ($3,255) ($21,534) $0 ($7,232) ($3,255) ($21,534) $25,309 $1,840,251 $25,309 $1,840,251 Section 15: Community Affairs, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers $257,672,255 $139,668,153 $139,668,153 $17,454,225 $3,817,460 $13,636,765 $100,549,877 $47,123,333 $53,426,544 $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. 4418 JOURNAL OF THE SENATE 15.1. Administration Purpose: Provide administrative support for all programs of the department. Total Funds $5,571,760 Federal Funds and Grants $1,320,986 Federal Funds Not Specifically Identified $1,320,986 Other Funds $2,017,417 Other Funds Not Specifically Identified $2,017,417 State Funds $2,233,357 State General Funds $2,233,357 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,205,751 $5,544,154 Annualize the cost of the FY 2008 salary adjustment. $24,169 $24,169 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($6,692) ($6,692) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($6,977) ($6,977) Reflect an adjustment in the Workers' Compensation premium rate structure. ($9,198) ($9,198) Provide for a general salary increase of 2.5% effective January 1, 2009 ($17,441), for performance increases ($6,977), and for structure adjustments to the statewide salary plan ($1,886). $26,304 $26,304 Amount appropriated in this Act $2,233,357 $5,571,760 15.2. Building Construction Purpose: Establish minimum building construction standards for all new structures, including mass-produced factory built (modular) buildings, built in the state. Total Funds $554,277 Federal Funds and Grants $0 Other Funds $239,704 Agency Funds $1,000 Other Funds Not Specifically Identified $238,704 State Funds $314,573 State General Funds $314,573 Intra-State Government Transfers $0 FRIDAY, APRIL 4, 2008 4419 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $310,002 $548,706 Annualize the cost of the FY 2008 salary adjustment. $4,266 $4,266 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,315) ($1,315) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,371) ($1,371) Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,808) ($1,808) Provide for a general salary increase of 2.5% effective January 1, 2009 ($3,428), and for performance increases ($1,371). $4,799 $4,799 Increase other funds ($1,000) to reflect projected expenditures for FY 2009. $0 $1,000 Amount appropriated in this Act $314,573 $554,277 15.3. Coordinated Planning Purpose: 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 $3,901,165 Federal Funds and Grants $0 Other Funds $50,918 Other Funds Not Specifically Identified $50,918 State Funds $3,850,247 State General Funds $3,850,247 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $5,233,811 $5,284,729 Annualize the cost of the FY 2008 salary adjustment. $25,590 $25,590 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($7,957) ($7,957) 4420 JOURNAL OF THE SENATE Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($20,741) and for performance increases ($8,296). Remove funding and two positions for development of the Coastal Comprehensive Plan. Provide funds to implement the Coastal Comprehensive Plan to ensure quality growth in Georgia's coastal region. (CC:Provide funds and 2 positions to implement Coastal Comprehensive Plan to ensure quality growth in Georgia's coastal region.) Delete one-time funding for the Local Update of Census Addresses project. Amount appropriated in this Act $0 ($8,296) ($10,938) $29,037 ($300,000) $300,000 $0 ($8,296) ($10,938) $29,037 ($300,000) $300,000 ($1,411,000) $3,850,247 ($1,411,000) $3,901,165 15.4. Environmental Education and Assistance Purpose: Provide technical assistance, resource tools, and public education outreach resources. Total Funds $4,444,925 Federal Funds and Grants $0 Other Funds $3,386,480 Agency Funds $2,905,000 Other Funds Not Specifically Identified $481,480 State Funds $1,058,445 State General Funds $1,058,445 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,047,840 $1,529,320 Annualize the cost of the FY 2008 salary adjustment. $9,952 $9,952 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,811) ($2,811) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,931) ($2,931) FRIDAY, APRIL 4, 2008 4421 Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($7,328) and for performance increases ($2,931). Increase other funds ($2,905,000) reflect projected expenditures for FY 2009. Amount appropriated in this Act ($3,864) $10,259 $0 $1,058,445 ($3,864) $10,259 $2,905,000 $4,444,925 15.5. Federal Community & Economic Development Programs Purpose: Administer incentive and education programs, and provide technical assistance in the area of economic development to local governments, development authorities, and private for-profit entities. Total Funds $47,461,921 Federal Funds and Grants $45,085,410 Federal Funds Not Specifically Identified $45,085,410 Other Funds $309,587 Other Funds Not Specifically Identified $309,587 State Funds $2,066,924 State General Funds $2,066,924 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,040,932 $38,374,883 Annualize the cost of the FY 2008 salary adjustment. $24,169 $24,169 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($7,851) ($7,851) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($8,187) ($8,187) Reflect an adjustment in the Workers' Compensation premium rate structure. ($10,793) ($10,793) Realign state funding within the Federal & Community Economic Development Program to reflect the movement of one position. $0 $0 Provide for a general salary increase of 2.5% effective January 1, 2009 ($20,467) and for performance increases ($8,187). $28,654 $28,654 Increase federal funds ($9,061,046) to reflect $0 $9,061,046 4422 JOURNAL OF THE SENATE projected expenditures for FY 2009. Amount appropriated in this Act $2,066,924 $47,461,921 15.6. Homeownership programs Purpose: Expand the supply of standard affordable housing through rehabilitation and construction, and provide homeownership opportunities for low and moderate-income individuals. Total Funds $4,631,991 Other Funds $4,631,991 Other Funds Not Specifically Identified $4,631,991 15.7. Local Assistance Grants Purpose: Make grants or loans to eligible recipients or qualified local governments specified by recipient, amount, and purpose in an appropriation to the department. Total Funds $6,000,000 Federal Funds and Grants $0 Other Funds $0 State Funds $6,000,000 State General Funds $6,000,000 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $6,529,284 $6,529,284 Total of Grants Associated with this Program $6,000,000 $6,000,000 Delete one-time funding for Local Assistance Grants. ($6,529,284) ($6,529,284) Amount appropriated in this Act $6,000,000 $6,000,000 Specific Local Assistance Grants Appropriated: Grants to County Governments Grant to Appling County for: Assist with funds to purchase materials and equipment for new Appling County extension office Grant to Appling County for: Renovate the Baxley Livestock Barn and Arena Grant to Atkinson County for: Assist with funds for infrastructure improvements at courthouse building Grant to Bacon County for: Assist with funds for infrastructure improvements at Bacon County Board of Registrars Grant to Baker County for: Assist with the purchase of a fire truck for the $3,000 $20,000 $5,000 $3,000 $15,000 FRIDAY, APRIL 4, 2008 Patmos Volunteer Fire Department Grant to Baldwin County for: Provide funds to purchase materials and supplies to aid in the restoration of Georgia's Old Capital Museum Grant to Baldwin County for: Provide funds for the purchase of materials and equipment to aid in the renovation of office space for the Baldwin County Domestic Violence Program Grant to Bartow County for: Assist with operational expenses for the 4-H and Youth Education Programs at UGA College of Agriculture and Environmental Sciences Cooperative Extension Services Grant to Ben Hill County for: Assist with funds to the Jissamine House for the purchase of a handicap van Grant to Ben Hill County for: Provide funds to aid in infrastructure improvements to local fire station for the Ben Hill County Volunteer Fire Department Grant to Berrien County for: Purchase surveillance equipment, recording devices, holsters, handcuffs and other items for the sheriff's department Grant to Bibb County for: Assist with funds for infrastructure improvements to Claystone Park Grant to Brantley County for: Provide funds to make infrastructure improvements at local industrial park Grant to Brooks County for: Provide funds to purchase personal protection suits for the Brooks County Volunteer Fire Department Grant to Bullock County for: Assist with funds to aid in the purchase of Hydraulic Rescue Tools for Bulloch County Grant to Burke County for: Purchase drug task force equipment for the county sheriff's department Grant to Butts County for: Assist with funds to purchase materials and supplies to aid in the construction of a mobile fire safety training house for the Flovilla and Jackson Fire Departments Grant to Carroll County for: Provide funds to finish the Carroll County Veterans Memorial Park project Grant to Catoosa County for: Provide funds for ARC Sewer expansion Grant to Chatham County for: Provide funding for infrastructure improvements to the Cooper Center and Shad Wilson Annex Grant to Chattooga County for: Renovate the Sublinga Community Center Grant to Chattooga County for: Promote tourism through the Chattooga County Tourism Committee Grant to Chattooga County for: Assist with funding to aid in purchase of public safety equipment for the Chattooga County Mutual Aid Association Grant to Clay County for: Provide funds to upgrade Tax Assessor's Office with ARC GIS software Grant to Clay County for: Provide funds for the purchase of materials and 4423 $10,000 $10,000 $25,000 $7,000 $7,000 $10,000 $7,500 $17,000 $5,000 $15,000 $20,000 $15,000 $10,000 $10,000 $3,000 $5,000 $10,000 $5,000 $6,000 $2,500 4424 JOURNAL OF THE SENATE equipment to aid in the construction of the National Museum of Commercial Aviation Grant to Clay County for: Provide funds to House of Dawn, Inc. to purchase equipment Grant to Clayton County for: Provide nutritional workshops, supplies, educational materials, gym and technical equipment and youth based activities for the Cornerstone Association, Inc. Trim Fitness Zone Grant to Cobb County for: Assist with moving the historic chapel at the 116th Air Wing of Dobbins Air Force Base Grant to Cobb County for: Provide funds for the purchase of materials and supplies for renovations at the Family Life Restoration Center Grant to Coffee County for: Assist with funding for the construction of emergency operations center Grant to Coffee County for: Construct an emergency operations center Grant to Coffee County for: Purchase fire truck, cab and chassis for the forestry department Grant to Columbia County for: Assist with funds to aid in the purchase of equipment and supplies for the Martinez - Evans Little League Grant to Columbia County for: Assist with funds to aid in the purchase of materials and equipment for the Columbia County Recreation Department Grant to Columbia County for: Provide funds to the Columbia County Sheriff's Department for technology improvements Grant to Cook County for: Replace boiler and AC unit in the Cook County Library through the Coastal Plain Regional Library System Grant to Crisp County for: Assist with funding to the Crisp County Art Alliance for materials and supplies for the Arts Alliance Pre K program Grant to Crisp County for: Implement a reverse 911 system called Code RED Grant to Crisp County for: Upgrade the audio and visual technology in Superior Courtrooms Grant to Crisp County for: Purchase hardware and software in accordance with the Judicial Data Exchange Program for the Probate Court Grant to Dade County for: Provide walking track for Davis Community Center Grant to Decatur County for: Assist with funding to improve local telecommunications infrastructure for Decatur County Fire and Rescue Grant to DeKalb County for: Assist with funding to purchase materials and supplies to help Park Pride-Druid Hills Civic Association construct a low activity neighborhood pocket park Grant to Douglas County for: Provide funds for transportation infrastructure improvements Grant to Early County for: Purchase office equipment for the Pataula $2,500 $5,000 $20,000 $2,000 $10,000 $10,000 $40,000 $10,000 $15,000 $15,000 $10,000 $5,000 $10,000 $10,000 $10,000 $5,000 $10,000 $5,000 $30,000 $5,000 FRIDAY, APRIL 4, 2008 Center for Children Grant to Echols County for: Assist with funds for materials and supplies to aid in renovation project at local Echols County Park Grant to Echols County for: Construct walking path for the park Grant to Effingham County for: Assist with funding for infrastructure improvements at Effingham County Fair Grounds Grant to Effingham County for: Assist with funding for the purchase of public safety equipment for the City of Guyton Grant to Effingham County for: Purchase handheld and laptop computers for county sheriff's office Grant to Elbert County for: Assist with funding to buy equipment for improvements to Fortsonia Volunteer Fire Department Grant to Elbert County for: Provide funding for required infrastructure improvements at Emergency Services Building Grant to Fayette County for: Purchase thermal imaging devices for the county fire department Grant to Forsyth County for: Provide funds to aid in the repair and maintenance of the Lake Lanier VHF Radio Tower (Safety Communications) Grant to Fulton - Unincorporated for: Cover costs that may be incurred prior to the City of Dunwoody receiving tax revenue Grant to Fulton County for: Replace water heaters and retrofit for water conservation for the QLS Apartments Grant to Fulton County for: Assist with funding of operational expenses to enable the Georgia Association for Prader-Willi Syndrome to provide support to families and caregivers Grant to Gilmer County for: Provide funds for the purchase of construction materials for the Gilmer County Health Department Grant to Glascock County for: Assist with a down payment on a fire truck for the fire department Grant to Gordon County for: Assist with operational expenses for the Winner's Club of Calhoun family and child support organizations Grant to Gwinnett County for: Construct sidewalks, transit shelters and landscaping of the corridor between Lanasol Drive and Amwiler Road along Buford Highway Grant to Gwinnett County for: Assist with operation expenses for the International Family Center, Inc. domestic prevention and parenting classes and programs Grant to Gwinnett County for: Assist with funding for materials and equipment to aid the Gwinnett Village CID with infrastructure improvements Grant to Habersham County for: Assist with funding the Prevent Child 4425 $3,000 $10,000 $10,000 $2,500 $11,000 $20,000 $20,000 $9,000 $25,000 $40,000 $15,000 $18,461 $10,000 $20,000 $20,000 $20,000 $20,000 $5,000 $10,000 4426 JOURNAL OF THE SENATE Abuse Habersham program Grant to Habersham County for: Assist with a pilot child abuse task force Grant to Hall County for: Provide funds to aid in the storage, cataloging and security efforts at the Northeast Georgia History Center Grant to Hall County for: Repair HVAC for county library system Grant to Hall County for: Assist with purchasing a facility for the Field of Dreams Charity through North Georgia Community Foundation Grant to Harris County for: Construct two visitor huts along Pine Mountain Trail Grant to Hart County for: Assist with upgrading home and program costs for the Achievers, Inc. Grant to Hart County for: Assist with covering fees and expenses for the Hart County Community Theatre Grant to Henry County for: Assist with funds to aid the Ferst Foundation for Henry County with the purchase of books Grant to Henry County for: Renovate Veterans Wall of Honor McDonough Memorial Grant to Henry County for: Purchase computers and software for the after school program at Shiloh-McDonough Community Outreach, Inc. Grant to Houston County for: Assist with funds to Hodac, Inc. for the purchase of materials and equipment for Gateway Cottage Grant to Irwin County for: Provide funds for materials and equipment to aid in security efforts at county court house Grant to Jackson County for: Purchase thermal imaging camera and multigas detector for the South Jackson Area Volunteer Fire Department Grant to Jeff Davis County for: Assist with funds for renovations and infrastructure improvements at public park in Snipesville, Georgia Grant to Jeff Davis County for: Assist with the purchase of materials and equipment to aid in infrastructure improvements at Jeff Davis Fairgrounds Grant to Jeff Davis County for: Provide media outlets to promote tourism Grant to Jefferson County for: Provide funds to purchase equipment for the Jefferson County Sheriff's Department to aid in public safety efforts Grant to Jenkins County for: Assist with funding to make infrastructure repairs to the Jenkins County Public Library Grant to Jenkins County for: Purchase drug task force equipment for the county sheriff's department Grant to Johnson County for: Purchase 4-H materials and supplies Grant to Johnson County for: Purchase recreation equipment for city recreation programs Grant to Jones County for: Assist with funding for the purchase of first responder fire vehicle at the Jones County District 5 Fire Department $10,000 $20,000 $20,000 $50,000 $30,000 $10,000 $7,500 $15,000 $10,000 $10,000 $10,000 $7,000 $3,000 $5,000 $1,000 $10,000 $25,000 $2,500 $20,000 $2,500 $10,000 $20,000 FRIDAY, APRIL 4, 2008 Grant to Jones County for: Purchase sod grass and sprinkler system for the county courthouse Grant to Lamar County for: Purchase evidence collection vehicle to serve Barnesville, Milner, Gordon College Police Departments and Lamar County Sheriff's Office Grant to Lanier County for: Provide funds to purchase materials and supplies to aid in restoration and repair of the roof at W.L. Miller Library Grant to Laurens County for: Assist with funds to purchase a fire safety vehicle for the Laurens County Rural Fire Department (Polaris Ranger) Grant to Laurens County for: Provide funds to aid in the purchase of a rescue phone system for the Laurens County Sheriff's Department Grant to Laurens County for: Provide funds to aid in the purchase of safety equipment for Laurens County Sheriff's Department Grant to Liberty County for: Purchase benches and tables and establish walking trail for the passive park Grant to Liberty County for: Assist with the design of a new EMS headquarters for the Liberty Regional Medical Center serving Liberty and Long Counties Grant to Liberty County for: Provide funds for the purchase of materials and supplies to aid in the restoration of a local water tower Grant to Lincoln County for: Assist Lincoln County Historical Society Inc. with repairs and a security camera purchase Grant to Long County for: Build new field and walking trail for the recreation department Grant to Long County for: Build a vault onto the courthouse for the Clerk of the Superior Court Grant to Madison County for: Purchase two fully equipped police vehicles Grant to Madison County for: Renovate restrooms and concession stands at Colbert Park Grant to Mitchell County for: Assist with funds to aid in the purchase of equipment for Mitchell County Fire Departments Grant to Montgomery County for: Provide funds for materials and equipment for Montgomery County 4-H Club Grant to Newton County for: Assist the Newton County Recreation Commission with the purchase of bus transportation Grant to Oglethorpe County for: Assist with in infrastructure improvements at recreation department clubhouse Grant to Paulding County for: Purchase security cameras for the YWCA Early Learning Center Grant to Peach County for: Assist with funds for infrastructure improvements at North Peach Recreation Park Grant to Pierce County for: Complete the commemorative fountain for the 4427 $12,000 $50,000 $12,000 $8,000 $15,000 $8,000 $10,000 $20,000 $5,200 $10,175 $5,000 $25,000 $25,000 $25,000 $14,000 $8,000 $5,000 $8,000 $19,000 $10,000 $10,000 4428 JOURNAL OF THE SENATE county courthouse Grant to Polk County for: Provide funding to the Aragon Historical Society for renovation and infrastructure improvements Grant to Polk County for: Purchase recreational equipment for the county Boys and Girls Club Grant to Pulaski County for: Provide funds for maintenance at M.E. Roben Library Grant to Quitman County for: Assist with the purchase of an ambulance Grant to Richmond County for: Provide funds for the purchase of equipment and materials the East Augusta Community Center Grant to Richmond County for: Assist with funds for the purchase of materials and supplies to restore Mater City Little League bathroom facilities Grant to Richmond County for: Assist with funds to purchase equipment and supplies for the Augusta Main Library Grant to Richmond County for: Assist with the operational expenses for the Lucy Craft Laney Museum of Black History Grant to Richmond County for: Provide disaster relief assistance to the families affected by the fires and preparedness education to the citizens served by the American Red Cross of Augusta Grant to Richmond County for: Provide funds for program scholarships and additional staff for the MACH Academy Inc. after school educational and recreational programs Grant to Richmond County for: Assist with building capacity to provide care to indigent patients for the Lamar Medical Center Grant to Rockdale County for: Assist with funds to the Conyers Rockdale Council for the Arts for the purchase of materials and equipment for the construction of community arts gallery and education center Grant to Rockdale County for: Purchase Veriplate system for detecting stolen cars Grant to Schley County for: Assist with funds for the purchase of laptop and handheld computers for Schley County Sheriff's Office Grant to Screven County for: Assist with funding for public safety equipment for Screven County Sheriff's Department Grant to Screven County for: Purchase drug task force equipment for the county sheriff's department Grant to Stewart County for: Purchase a new cardiac monitor/defibrillator for the Stewart County Medical Grant to Sumter County for: Purchase laptops and hand held computers for Sumter County Sheriff's Office Grant to Thomas County for: Assist with funds for materials and supplies to aid Thomas County Library System $5,000 $25,000 $5,000 $15,000 $2,000 $15,000 $15,000 $5,000 $5,000 $5,000 $10,000 $10,000 $20,000 $4,000 $2,500 $20,000 $25,000 $11,000 $2,000 FRIDAY, APRIL 4, 2008 Grant to Thomas County for: Provide funds for the purchase of materials and supplies for Thomas County Coalition of Promise and Prevention Grant to Tift County for: Assist with the purchase of equipment for infrastructure improvements to the Tift County Livestock Facility Grant to Tift County for: Provide funding for the infrastructure improvements to The Patticake House Grant to Tift County for: Upgrade and replace playground equipment for Puckett Park, Haire Park and Copeland Park Grant to Tift County for: Assist with providing operational funds for an existing summer day camp program through the county recreation department Grant to Tift County for: Construct community state park Grant to Tift County for: Replace, repair, upkeep and upgrade local recreational youth baseball and softball fields Grant to Tift County for: Renovate and expand the Tift County Multipurpose Livestock Building Grant to Toombs County for: Provide funds for the purchase of equipment for the Toombs County Recreation Department Grant to Treutlen County for: Purchase equipment to furnish new county jail Grant to Union County for: Assist with funds to aid in the construction of a fire station for the Union County Volunteer Fire Department Grant to Walker County for: Assist with funds to make infrastructure improvements and renovations at the Marsh House Grant to Walker County for: Assist with funds to the Walker County African American Historical and Alumni Association to make repairs and improvements to Masonic Lodge #221 Grant to Walker County for: Promote economic development and/or tourism Grant to Walton County for: Purchase digital video cameras for sheriff's department cars Grant to Warren County for: Assist with funds to aid in the purchase of materials and supplies for the restoration of the Knox Theater in Warren County Grant to Warren County for: Build a train garden outside the Old East Warrenton Depot Grant to Warren County for: Assist with phase one of the Knox Theater renovation project Grant to Washington County for: Purchase drug task force equipment for the county sheriff's department Grant to Wayne County for: Assist with funds to purchase a new public safety vehicle for Wayne County 4429 $2,000 $10,000 $10,000 $10,000 $10,000 $10,000 $20,000 $20,000 $7,000 $20,000 $5,000 $8,000 $10,000 $10,000 $17,000 $5,000 $25,000 $20,000 $20,000 $3,000 4430 JOURNAL OF THE SENATE Grant to Whitfield County for: Purchase interpretive signs for the historic Prater's Mill and Farm Grant to Wilcox County for: Purchase gear, weapons, in-car video cameras and vehicle emergency equipment for sheriff's department Grant to Wilkes County for: Provide funds for the construction of an ambulance station for Wilkes County EMS Grant to Wilkes County for: Complete the addition to the county ambulance station Grant to Worth County for: Assist with funds to purchase equipment and supplies to make recreation safety improvements Grants to Municipal Governments Grant to City of Acworth for: Assist with phase one of the Tanyard Creek Park Trail Project Grant to City of Adel for: Restore the old Adel Post Office into a museum Grant to City of Adrian for: Assist in the purchase of computers and software to update city computers Grant to City of Albany for: Assist with the purchase of a vehicle fire trainer for the city fire department Grant to City of Albany for: Provide funds for the Peanut Institute Grant to City of Albany for: Assist with purchase of materials and supplies for the construction of a regional fire training site Grant to City of Alma for: Assist with funding to make infrastructure improvements for Veterans Memorial Park Grant to City of Alma for: Replace seats for the Old Theatre downtown Grant to City of Arlington for: Provide funds for a transportation vehicle for the Senior Center for the Elderly Grant to City of Ashburn for: Assist with funding for the purchase of trailer and public safety equipment for the Ashburn Fire Department Grant to City of Atlanta for: Assist with funds to aid Park Pride of AtlantaCollier Park with improvements for park seating areas Grant to City of Atlanta for: Assist with funds to The Wren's Nest for painting and infrastructure improvements Grant to City of Atlanta for: Purchase appliances, software, fax, printer and equipment and renovate adult day care for the Intergenerational Resource Center, Inc. Grant to City of Atlanta for: Purchase equipment and assist with improvements to the office for the Community Design Center Grant to City of Atlanta for: Assist with senior citizen program costs for the Andrew and Walter Young Family YMCA Grant to City of Atlanta for: Renovate and provide funds for safety measures for Burbank Park $25,000 $10,000 $5,000 $20,000 $9,350 $50,000 $5,000 $2,000 $15,000 $20,000 $2,000 $3,000 $8,000 $10,000 $10,000 $5,000 $10,000 $15,000 $5,000 $5,000 $5,000 FRIDAY, APRIL 4, 2008 Grant to City of Atlanta for: Purchase new roof for the Kappa Omega Community Center Grant to City of Atlanta for: Assist with the operation expenses for the Agape Community Center after-school and summer enrichment programs Grant to City of Atlanta for: Assist with senior citizen enrichment services for the Harriett G. Darnell Senior Multipurpose Facility Grant to City of Atlanta for: Purchase computers, uniforms and supplies for the City of Atlanta Mayor's Office of Weed and Seed Grant to City of Atlanta for: Purchase computers, books and software for the after school program at the Butler Street YMCA Grant to City of Atlanta for: Assist with tuition costs for campers attending Cascade Community Services, Inc. Summer Camp Grant to City of Atlanta for: Assist with archaeological research in Telfair, Wheeler, and Coffee counties through the Fernbank Museum of Natural History Grant to City of Atlanta for: Assist with funding the arts for the National Black Arts Festival, Inc. Grant to City of Atlanta for: Provide funds to the Pittsburgh Community Improvement Association to purchase materials and supplies to aid in youth development Grant to City of Atlanta for: Assist with funding to purchase security cameras for the Historic Business Association/DBA Old Fourth Ward Association Grant to City of Auburn for: Aid in the purchase of Books and Equipment for new library Grant to City of Augusta for: Purchase a new van for the Kids Restart, Inc. Grant to City of Augusta for: Provide support for the 2009 National Science Olympiad held at Augusta State University Grant to City of Bainbridge for: Improve city sidewalks Grant to City of Bainbridge for: Purchase police carbines Grant to City of Ball Ground for: Provide funds to aid in leak detection, repair, and replacement of lines in the City of Ball Ground water system Grant to City of Ball Ground for: Provide funds to aid in leak detection, repair, and replacement of lines in the City of Ball Ground water system Grant to City of Ball Ground for: Provide funds to aid in leak detection, repair, and replacement of lines in the City of Ball Ground water system Grant to City of Baxley for: Assist with the purchase of radar speed signs to aid in traffic enforcement Grant to City of Bremen for: Assist with funds to purchase a van for Bremen Senior Citizens Grant to City of Bronwood for: Assist in the purchase of supplies and operational equipment for the Positive Direction After School Program 4431 $10,000 $10,000 $10,000 $10,000 $15,000 $15,000 $20,000 $50,000 $6,000 $5,000 $20,000 $4,000 $10,000 $5,000 $20,000 $30,000 $15,000 $10,000 $3,000 $20,000 $5,000 4432 JOURNAL OF THE SENATE Grant to City of Brunswick for: Provide funds to assist with the purchase of materials and equipment for improvements to existing wireless network Grant to City of Brunswick for: Assist with the Chinese Sister City Regional Program Initiative at the Coastal Georgia Regional Development Center Grant to City of Byron for: Assist with funding for the purchase of construction materials for a new fire station Grant to City of Cedartown for: Assist with the Wheelchair Athlete Training Camp and 5K Road Race Grant to City of Chamblee for: Assist with funding for equipment and supplies for the Cure Childhood Cancer program Grant to City of Chickamauga for: Promote economic development and/or tourism Grant to City of Chickamauga for: Renovate the historic Crawfish Springs Masonic Lodge #300 Grant to City of Clarkston for: Provide operations funds for the Clarkston Community Center Grant to City of Clarkston for: Assist with program costs for Positive Growth, Inc. Grant to City of Clarkston for: Assist with funds to aid in the restoration of the Clarkston Women's Club Grant to City of Claxton for: Provide funds to aid in the purchase of materials and equipment for the Claxton Volunteer Fire Department Grant to City of Cobbtown for: Purchase new radios for volunteer fire department Grant to City of Collins for: Provide funds to aid in the purchase of a patrol car to aid in public safety efforts Grant to City of Colquitt for: Paint murals on silos through the ColquittMiller County Arts Council Grant to City of Columbus for: Provide community study hall resources for the Neighborhoods Focused on African-American Youth, Inc. Grant to City of Columbus for: Assist with workshop and training for 100 Women on the Move, Inc. Grant to City of Columbus for: Develop new theatre audience, train new talent, produce theatre entertainment and summer camp programs for Liberty Theatre Cultural Center, Inc. Grant to City of Columbus for: Assist with Lonnie Jackson memorial project for the Keep Columbus Beautiful Commission Grant to City of Columbus for: Assist with the program costs for the Contact 211, Fiscal Agent for the Chattahoochee Valley VITA Coalition through the Columbus Consolidated Government Grant to City of Columbus for: Maintain residential home for the Noah's $40,000 $20,000 $10,000 $15,000 $30,000 $5,000 $10,000 $10,000 $15,000 $5,000 $10,000 $13,968 $10,000 $20,000 $3,000 $4,000 $10,000 $2,000 $2,000 $2,000 FRIDAY, APRIL 4, 2008 Arc/Clean Spirits, Inc. Grant to City of Columbus for: Purchase equipment, concessions and other team necessities for the Sally Little League Grant to City of Columbus for: Maintain and continue programs to address teen violence for the Highland Center Grant to City of Commerce for: Aid with the purchase of personal protection equipment for the Commerce Fire Department Grant to City of Conyers for: Purchase restrooms for the visual arts center for the Olde Town Conyers Gallery and Art Education Center Grant to City of Cuthbert for: Replace the roof on the Carnegie Library Building Grant to City of Dacula for: Restore turn of the century school house for the Harbins Community Club, Inc. Grant to City of Dallas for: Assist with funds to aid in construction efforts for City of Dallas downtown development Grant to City of Dalton for: Assist with funds to purchase materials and supplies to repair the Emery Center Building Grant to City of Darien for: Assist with funds for the purchase of equipment for communications infrastructure network for first responders Grant to City of Decatur for: Support Educational Outreach Programming, Temple Art Gallery Exhibits and DeKalb Council for the Arts, Inc. Grant to City of Demorest for: Assist with funds to aid in the construction of a new dais for the City of Demorest Grant to City of Doerun for: Assist with funds to purchase materials and supplies for infrastructure improvements at City of Doerun Recreational Complex Grant to City of Donaldsonville for: Provide back up generator for the city's main water well Grant to City of Douglasville for: Assist with economic and tourism development Grant to City of East Point for: Retrofit of homes to conserve water for senior citizens Grant to City of Eastman for: Assist with funds to aid in the purchase of equipment to reduce local transportation issues Grant to City of Eatonton for: Provide funds for closed circuit monitoring system at Eatonton Early Childhood Development Center, Inc. Grant to City of Ellenton for: Assist with funds to make repairs and renovations to damaged water tank Grant to City of Fargo for: Purchase a used fire truck Grant to City of Flowery Branch for: Assist with funds for materials and equipment to improve water infrastructure Grant to City of Forest Park for: Provide emergency food for the Clayton 4433 $3,000 $4,000 $4,000 $20,000 $10,000 $50,000 $50,000 $35,000 $20,000 $10,000 $20,000 $5,000 $15,000 $20,000 $10,000 $5,000 $8,000 $30,000 $10,000 $40,000 $10,000 4434 JOURNAL OF THE SENATE County Community Services Authority Food Pantry Grant to City of Fort Oglethorpe for: Promote economic development and/or tourism Grant to City of Funston for: Assist with funds for infrastructure improvements for city hall Grant to City of Gainesville for: Provide funds for the North East Georgia History project at Brenau University Grant to City of Gainesville for: Assist with funds for the Physicians Healthcare Coordination Initiative Grant to City of Glennville for: Provide funds to aid in the purchase of materials and equipment for the Glennville Volunteer Fire Department Grant to City of Glennville for: Purchase a Gator with accessories for the city recreation department Grant to City of Good Hope for: Provide funds for capital improvements for purposes of historic preservation Grant to City of Graham for: Assist with funds for materials and equipment for infrastructure improvements at Graham City Hall building Grant to City of Graham for: Purchase equipment for volunteer fire department Grant to City of Grantville for: Assist with funding for the restoration of the Griffin Street Community Activity Facility Grant to City of Gumbranch for: Construct a new playground, repair city hall and purchase office equipment and furniture Grant to City of Guyton for: Renovate the Old Guyton School Gymnasium Grant to City of Hawkinsville for: Assist with upkeep and maintenance of the Opera House Grant to City of Hazlehurst for: Assist with funds for the purchase of materials and equipment to aid in infrastructure improvements Grant to City of Hazlehurst for: Purchase cable equipment Grant to City of Homerville for: Assist with funds to purchase materials and supplies to aid in the reconstruction of the local volunteer fire department Grant to City of Homerville for: Rebuild the volunteer fire department Grant to City of Irwinton for: Provide funds to purchase materials and equipment for water infrastructure improvements Grant to City of Jefferson for: Purchase set of extraction tools for City of Jefferson Volunteer Fire Department Grant to City of Jesup for: Assist with funds to materials and equipment for the Jesup Mayor's Office Grant to City of Johns Creek for: Assist with funds to the Ocee Arts Center at Johns Creek for camp improvements $10,000 $5,000 $20,000 $50,000 $10,000 $10,000 $20,000 $3,000 $5,000 $25,000 $15,000 $10,000 $10,000 $3,000 $5,000 $6,000 $10,000 $30,000 $5,000 $3,000 $50,000 FRIDAY, APRIL 4, 2008 Grant to City of Johns Creek for: Assist with funds to aid in a renovation project for Autrey Mill Program Center Grant to City of Johns Creek for: Assist with funds for the renovation of Newtown Park Community House Grant to City of Jonesboro for: Provide for the Jonesboro Lighthouse Grant to City of Kingsland for: Purchase virtual reality simulators with scenario library, training weapons and accessories for the Kingsland Police Department Regional Training Center Grant to City of Kite for: Purchase park tables Grant to City of Kite for: Purchase mosquito sprayer Grant to City of LaFayette for: Replace event materials destroyed in recent fire Grant to City of Lakeland for: Assist with funding to the Oaklawn Foundation to purchase equipment for improvements to facilities Grant to City of Lawrenceville for: Assist the City of Lawrenceville with traffic and community development improvements Grant to City of Lawrenceville for: Assist with developing walking trails and alternative transportation connecting neighborhoods Grant to City of Lawrenceville for: Engineer transportation corridor connecting downtown Lawrenceville with Georgia Gwinnett College Grant to City of Lawrenceville for: Assist with re-opening wells as supplement to existing water supply Grant to City of Lilburn for: Purchase equipment for emergency communication centers Grant to City of Locust Grove for: Purchase digital video cameras for police department cars Grant to City of Louisville for: Upgrade computer hardware and software Grant to City of Ludowici for: Purchase in-car video systems for city police department patrol cars Grant to City of Lula for: Assist with the Veterans Park Grant to City of Macon for: Assist New Town Macon, Inc. with funds for the improvement of walkways and downtown infrastructure Grant to City of Macon for: Assist with program costs for the Crystal's Cause through Volunteer Macon Grant to City of Macon for: Improve public alley in downtown Grant to City of Macon for: Stabilize the Douglass Theatre Grant to City of McDonough for: Purchase computers and printers for the Grier Senior Manor Grant to City of Metter for: Assist with funds to aid in the purchase of safety fencing and bollards for walking trail Grant to City of Metter for: Purchase new playground equipment for city's 4435 $40,000 $10,000 $22,000 $20,000 $3,600 $5,800 $2,500 $35,000 $40,000 $20,000 $20,000 $20,000 $10,000 $20,000 $15,000 $5,000 $10,000 $15,000 $5,000 $10,000 $40,000 $10,000 $16,000 $10,000 4436 JOURNAL OF THE SENATE recreation department Grant to City of Milan for: Purchase and move Old SAL Caboose with cupola Grant to City of Milledgeville for: Repair and replace roof and install HVAC in the historic John Marlor House and Arts Center Grant to City of Milledgeville for: Purchase mobile data computers for police department vehicles Grant to City of Milton for: Assist with funds for traffic congestion relief study Grant to City of Montezuma for: Assist with funds to improve and eliminate issues with current water infrastructure Grant to City of Morven for: Assist with funds to purchase materials and supplies to aid Morven Landmarks, Inc. in the completion of restoration project for Old Morven High School Grant to City of Mount Zion for: Purchase 15-passenger van for the Mount Zion Senior Citizen Center Grant to City of Nahunta for: Provide funds to aid in the purchase of materials and equipment for city infrastructure repair Grant to City of Ochlocknee for: Replace roof on senior citizens and community center buildings and other repairs Grant to City of Odum for: Assist with funds to aid in the purchase of materials and equipment for infrastructure improvements at Odum City Hall Grant to City of Odum for: Improve city hall Grant to City of Parrott for: Provide funds for the purchase of personal protection equipment for the Parrott Volunteer Fire Department Grant to City of Patterson for: Provide funds to make infrastructure repairs and improvements Grant to City of Patterson for: Replace dilapidated fixtures and remove mold in EMT and police department buildings Grant to City of Payne for: Aid in the purchase of fire hydrants and leak detection and prevention equipment Grant to City of Pelham for: Assist with funds to aid improvements to the water infrastructure for the City of Pelham Grant to City of Pelham for: Assist with funds to purchase of materials and equipment for infrastructure improvement at Pelham Senior Center Grant to City of Pembroke for: Provide funds to the Pembroke Police Department to purchase materials and equipment for restoration project at local teen center Grant to City of Pembroke for: Purchase in-car cameras for police department cars Grant to City of Perry for: Assist with the construction of a new animal $6,500 $26,550 $30,000 $15,000 $15,000 $4,000 $30,000 $3,000 $20,000 $3,000 $5,000 $5,000 $4,000 $10,000 $7,500 $5,000 $6,000 $15,000 $20,000 $10,000 FRIDAY, APRIL 4, 2008 shelter facility Grant to City of Pinehurst for: Assist in the purchase of computers and equipment for city hall Grant to City of Pooler for: Provide funds for improvements to Glesson Park Grant to City of Quitman for: Assist with rehabilitating former city hall police department building to provide space for Quitman Campus of Valdosta Tech Grant to City of Ray City for: Provide funds to purchase materials and supplies to aid in the repair of local senior center Grant to City of Rebecca for: Provide funding for the purchase of recreational equipment for local park Grant to City of Reidsville for: Provide new city entrance signs Grant to City of Rhine for: Assist with funds to aid in the restoration of the recreation building for the City of Rhine Grant to City of Richmond Hill for: Assist with funding for the purchase of materials and supplies for the construction of a new conference center Grant to City of Ringgold for: Assist with sewer expansion "interceptor connection" project Grant to City of Ringgold for: Promote economic development and/or tourism Grant to City of Riverdale for: Provide funds for the Washington DC Martin Luther King, Jr. National Memorial Grant to City of Roberta for: Improve waste water collection and treatment system Grant to City of Rochelle for: Purchase a new police vehicle Grant to City of Rome for: Assist with funds to aid in the construction of a universally accessible tree house for the City of Rome Grant to City of Rome for: Assists with funds to aid in the purchase of materials and supplies to build a river education center for the City of Rome Grant to City of Rome for: Assist with operational expenses for the Open Door Home Grant to City of Roswell for: Assist with funding for 10 test wells for municipal drinking water supply Grant to City of Roswell for: Assist with the repair and replacement of facilities, equipment, and trees damaged by the February 26th, 2008 tornado Grant to City of Royston for: Purchase new accounting software Grant to City of Sale City for: Assist with funds to purchase materials and supplies for the repair of the local library roof Grant to City of Sandy Springs for: Provide funds for the purchase of 4437 $5,000 $20,000 $10,000 $10,000 $5,000 $10,000 $5,000 $10,000 $20,000 $10,000 $20,000 $50,000 $9,650 $10,000 $8,000 $25,000 $30,000 $75,000 $10,000 $5,000 $15,000 4438 JOURNAL OF THE SENATE multi-purpose first response fire vehicle for the Sandy Springs Fire Department Grant to City of Sandy Springs for: Provide funds to the Sandy Springs Police Department for the purchase of equipment to aid in traffic enforcement efforts Grant to City of Savannah for: Provide funds to purchase a new van to aid in transportation efforts at Greenbriar Children's Home Grant to City of Savannah for: Assist with funds to Senior Citizens, Inc. to aid in the purchase of materials and supplies for the Ruth Byck Adult Day Care Grant to City of Savannah for: Assist with operations for the Pine Woods Retreat rehabilitation program Grant to City of Screven for: Assist with funds to aid in the purchase of equipment and technology for the City of Screven computer lab Grant to City of Screven for: Rebuild 4-H Nature Trail for the Martha Frazier Fisher Memorial Park Grant to City of Shellman for: Provide funds for the purchase of materials for infrastructure improvements at Shellman City Hall and Police Department Grant to City of Shellman for: Assist with the purchase of a bandstand/gazebo for the Shellman Park Grant to City of Snellville for: Purchase of new office computers with related software for the Snellville Parks and Recreation Department Grant to City of Snellville for: Purchase and implementation of city wide geographic information system for all city departments Grant to City of Snellville for: Purchase two Solar Powered Traffic Message Board and Speed Trailer for the Snellville Police Department Grant to City of Social Circle for: Renovate city library Grant to City of Social Circle for: Improve city park Grant to City of Soperton for: Provide funds for the purchase of equipment for city recreation department Grant to City of Soperton for: Assist with new equipment and paving for the city fire department Grant to City of Soperton for: Install six new light poles for the Soperton Recreation Park Grant to City of Statesboro for: Repair and restore Luetta Moore Memorial Park Grant to City of Stone Mountain for: Assist with award scholarships for Kappa Alpha Psi Fraternity, Inc. Grant to City of Stone Mountain for: Assist with repairs, restorations and retrofits to historic buildings Grant to City of Stone Mountain for: Assist with funding to the ART $15,000 $10,000 $12,000 $25,000 $3,000 $5,000 $8,000 $6,000 $5,000 $10,000 $5,000 $3,000 $10,000 $10,000 $10,000 $10,000 $10,000 $40,000 $10,000 $5,000 FRIDAY, APRIL 4, 2008 Station, Inc. summer program Grant to City of Sugarhill for: Assist with funds for infrastructure improvement Grant to City of Summerville for: Build a veterans memorial park in Dowdy Park Grant to City of Surrency for: Assist with funds for materials and equipment for the Surrency Recreations Department Grant to City of Suwanee for: Assist with the purchase of equipment to provide security lighting Grant to City of Swainsboro for: Assist with funds to aid in repairs for the city community center Grant to City of Swainsboro for: Assist with funds to make infrastructure improvements and repairs to city hall Grant to City of Swainsboro for: Construct a new open-air amphitheater at the new recreation complex Grant to City of Sylvester for: Assist with funds to purchase live scan finger print system for Sylvester Police Department Grant to City of Tallapoosa for: Assist with funds to the Haralson County Veterans Association to aid in the construction of the Georgia Medal of Honor Wall Grant to City of Tallapoosa for: Purchase mini repeater, projector, gear and two computers for the city police department Grant to City of Thomson for: Assist with funds for the purchase and installation of in-car cameras for the Thomson Police Department Grant to City of Thunderbolt for: Repair to the town water system made necessary by salt water intrusion Grant to City of Thunderbolt for: Purchase an aerial fire truck for the Thunderbolt Volunteer Fire Department Grant to City of Toccoa for: Assist with improvements to the Paul Anderson Memorial Park Grant to City of Trenton for: Promote economic development and/or tourism Grant to City of Twin City for: Upgrade two city playgrounds Grant to City of Tybee Island for: Assist with funds to aid in the purchase of materials and supplies for a restoration project at the Tybee Island Post Theater Grant to City of Union Point for: Assist with funds for development of an educational historic train museum Grant to City of Uvalda for: Remove the outdated water storage tank located at Oak Street Grant to City of Valdosta for: Assist with a broad scale study to gauge the existence and perception of existence of barriers to people with disabilities 4439 $7,500 $10,000 $3,000 $7,500 $8,000 $4,000 $15,000 $10,000 $20,000 $23,600 $10,000 $20,000 $20,000 $10,000 $10,000 $10,000 $30,000 $11,000 $10,000 $10,000 4440 JOURNAL OF THE SENATE in access to public and private buildings and businesses Grant to City of Vidalia for: Provide funds for the purchase of equipment for city recreation department Grant to City of Villa Rica for: Assist with economic and tourism development Grant to City of Walnut Grove for: Assist with funds for infrastructure improvements to city hall Grant to City of Walnut Grove for: Renovate city hall Grant to City of Warner Robbins for: Provide funds to the Community Outreach Service Center for the purchase of materials and supplies to aid homeless women and children Grant to City of Warwick for: Assist with funding for city maintenance equipment Grant to City of Waycross for: Restore park playground equipment Grant to City of Waycross for: Provide funds to purchase equipment for improvements to Gilchrist Park Grant to City of Waynesboro for: Provide funds to Communities in Schools of Burke County, Inc. for improvements to local teen center Grant to City of West Point for: Provide funds for traffic infrastructure improvements Grant to City of Winterville for: Purchase a thermal imaging camera for the Winterville Volunteer Fire Department Grant to City of Wrightsville for: Upgrade the Wrightsville-Johnson County emergency management vehicle Grant to Columbus Consolidated Government for: Provide funds to aid in the purchase of equipment and supplies for Project Rebound Grant to Columbus Consolidated Government for: Provide funds to assist Bridge of Columbus, Inc. with the purchase of a computer for GED program Grant to Columbus Consolidated Government for: Assist with funds to purchase furniture and equipment for the Miracles in the City Foundation Grant to Columbus Consolidated Government for: Assist with funds to purchase materials and equipment for Sports Counseling and Educational Services Inc. Grant to Columbus Consolidated Government for: Provide funds to purchase materials and equipment for Project Rebound Grant to Columbus Consolidated Government for: Assist with funds to purchase materials and equipment for the Columbus Civil and Social Club, Inc. Grant to Dooly County for: Provide funds for infrastructure improvements to the Humane Society Animal Hospital Grant to Town of Braselton for: Aid in the purchase of library equipment $15,000 $20,000 $10,000 $10,000 $10,000 $5,000 $10,000 $5,000 $5,000 $40,000 $6,000 $10,000 $5,000 $5,000 $10,000 $10,000 $10,000 $5,000 $5,000 $3,000 FRIDAY, APRIL 4, 2008 Grant to Town of Kite for: Assist with funds for infrastructure improvements at city cemetery Grants to Other Governmental Entities Grant to Atkinson County Board of Education for: Purchase equipment for Health Care Center at the Atkinson County High School Grant to Ben Hill County Board of Education for: Assist with funds to the Ben Hill County FFA and 4-H to aid in infrastructure improvements for local Agricultural Show Barn Grant to Brantley County Board of Education for: Provide funds for the purchase and installation of LCD projection systems in classrooms Grant to Brantley County Board of Education for: Provide funds to purchase Promethean Boards for classrooms Grant to Brantley County Development Authority for: Assist with paving project Grant to Carroll County Board of Education for: Provide funding to drill a water well at Villa Rica High School Grant to Carroll County Board of Education for: Purchase new equipment for the Temple High School Band Grant to City of Atlanta Fulton County Recreation Authority for: Repair roof for the First Tee Program at John A. White Park Grant to City of Dahlonega Downtown Development Authority for: Assist with funds to purchase equipment to install interpretive history markers in Historic Downtown Dahlonega Grant to City of Gainesville Board of Education for: Provide funds to aid in the purchase of after school technology instruction at Gainesville Exploration Academy Grant to City of Gainesville Board of Education for: Provide funds for materials and supplies to Enola Elementary School Grant to City of Marietta Board of Education for: Provide funds for the purchase of web system scanners for seven elementary schools Grant to City of Marietta Board of Education for: Provide funds for the purchase of materials and supplies to aid in the construction of an indoor training facility for Marietta High School Grant to City of Rome Board of Education for: Build a sensory room for children with severe disabilities for the Southeast Elementary School Grant to Clayton County Board of Education for: Purchase educational materials, uniforms and supplies for workshops and training programs for Inspiring Bodyworks, Inc. Grant to Clayton County Board of Education for: Purchase supplies and transportation for the Oliver Elementary School MathFest 2008 Project Grant to Clayton County Board of Education for: Purchase laptops and digital cameras for the Riverdale High School Technology Student 4441 $2,000 $3,000 $7,000 $4,000 $2,000 $20,000 $5,000 $16,000 $5,000 $10,000 $13,000 $20,000 $10,500 $20,000 $20,000 $5,000 $10,000 $10,000 4442 JOURNAL OF THE SENATE Association Grant to Clayton County Board of Education for: Purchase ninth grade computer lab for Riverdale High School Grant to Clayton County Board of Education for: Assist with fifth and sixth grade learning support and academic improvement for Project RampUp Grant to Coastal Georgia RDC for: Assist with funding for the Chinese Sister City Regional Program Grant to Cobb County Board of Education for: Provide funds to purchase materials and equipment for Allatoona High School Grant to Cobb County Board of Education for: Provide funds to purchase materials and equipment for Harrison High School Grant to Cobb County Board of Education for: Provide funds to purchase materials and equipment for Hillgrove High School Grant to Cobb County Board of Education for: Assist with funding for ADA accessible trail and outdoor classroom at Campbell High School Grant to Cobb County Board of Education for: Provide funds to aid in the purchase or equipment and technology for Blackwell Elementary School Grant to Cobb County Board of Education for: Provide funds to Walton High School for the construction of an outdoor arboretum classroom Grant to Cobb County Board of Education for: Provide funds to Pope High School for the construction of an outdoor arboretum classroom Grant to Cobb County Board of Education for: Provide funds to purchase materials and equipment for West Cobb School PTA Grant to Cobb County Board of Education for: Purchase new uniforms for the Pebblebrook High School Football Team Grant to Cobb County Board of Education for: Purchase new intercom announcing system for the South Cobb High School gymnasium Grant to Cobb County Board of Education for: Provide tools and training to increase student's sense of personal achievement through music Campbell High School through the Solidifying Opportunities for Success Grant to Cobb County Board of Education for: Provide funds for the purchase of band equipment and supplies at Pebblebrook High School Grant to Cobb County Board of Education for: Assist with funding for renovation and infrastructure improvements Grant to Cobb County Board of Education for: Provide funds for the purchase of equipment to make improvements to the South Cobb High School gymnasium Grant to Columbia County Board of Education for: Assist with funds to aid in the purchase of special needs playground equipment at Blue Ridge Elementary School Grant to Columbia County Board of Education for: Assist with fund to aid $20,000 $15,000 $18,000 $15,000 $15,000 $15,000 $15,000 $40,000 $10,000 $10,000 $15,000 $10,000 $20,000 $35,000 $2,000 $15,000 $5,000 $10,000 $25,000 FRIDAY, APRIL 4, 2008 in the purchase of materials and equipment for Evans High School Grant to Columbia County Board of Education for: Provide funds to Lakeside Middle School for technology improvements Grant to Columbia County Board of Education for: Provide funds to Riverside Middle School for technology improvements Grant to DeKalb County Board of Education for: Assist with funding for equipment and supplies for the State Court of DeKalb County Grant to DeKalb County Board of Education for: Provide funds for the purchase of computer and technology upgrades at Evansdale Elementary Grant to DeKalb County Board of Education for: Provide funds for the purchase of computer and technology upgrades at Hawthorne Elementary Grant to DeKalb County Board of Education for: Provide funds to purchase equipment for technology improvements at Henderson Middle School Grant to DeKalb County Board of Education for: Assist with technology improvements and equipment purchase for Brocket Elementary Grant to DeKalb County Board of Education for: Purchase computers and technology for ninth grade academy at Tucker High School Grant to DeKalb County Board of Education for: Purchase computers and athletic instructional equipment for the First Serve Foundation, Inc. after school program Grant to DeKalb County Board of Education for: Purchase recreational equipment for the Before and After School program at the New Life Community Center Grant to DeKalb County Board of Education for: Purchase and install two laser speed devices at pedestrian crosswalk on Ashford Dunwoody Road Grant to DeKalb County Board of Education for: Provide funds to Fernbank Elementary School for purchase and installation of Promethean Activboards and accessories Grant to Development Authority of DeKalb County for: Purchase school and office supplies, communication equipment and website maintenance for Besomeone.org Grant to Development Authority of Telfair County for: Provide funds to purchase materials and equipment to construct a new welcome center and auditorium Grant to Dodge County Board of Education for: Assist with funds for materials and supplies for local community center Grant to Dougherty County Board of Education for: Assist with funding for the purchase of materials and equipment for science classrooms at Sylvester Road Elementary Grant to Dougherty County Board of Education for: Assist with funding for materials and equipment for the science program at Morningside Elementary School 4443 $10,000 $10,000 $20,000 $5,000 $5,000 $5,000 $10,000 $10,000 $5,000 $5,000 $10,000 $5,000 $6,000 $7,000 $5,000 $1,000 $1,000 4444 JOURNAL OF THE SENATE Grant to Douglas County Board of Education for: Provide funds for repairs and infrastructure improvements at Fairplay Middle School Grant to Downtown Development Authority of Forsyth for: Complete community park Grant to Fulton County Board of Education for: Assist with funds to aid in the purchase of materials and supplies for the construction of an outdoor classroom at Roswell High School Grant to Fulton County Board of Education for: Assist with funds to purchase equipment to improve the technology infrastructure at Fulton Science Academy Middle School Grant to Gwinnett County Board of Education for: Assist with funding for the infrastructure improvements at Collins Hill High School Grant to Gwinnett County Board of Education for: Assist with funding for the purchase of technology equipment and supplies at Charles Brant Chesney Elementary Grant to Gwinnett County Board of Education for: Assist with funding for the purchase of technology equipment and supplies at Chattahoochee Elementary Grant to Gwinnett County Board of Education for: Assist with funding for the purchase of technology equipment and supplies at Harris Elementary Grant to Gwinnett County Board of Education for: Assist with funding for the purchase of technology equipment and supplies at M.H. Mason Elementary Grant to Gwinnett County Board of Education for: Assist with funding for the purchase of technology equipment and supplies at Parsons Elementary Grant to Gwinnett County Board of Education for: Assist with funds to aid in the purchase of materials and supplies for the completion of a classroom construction project at Grayson High School Grant to Gwinnett County Board of Education for: Provide materials and necessary funds for the North Gwinnett Cluster to train teachers in best practices through the North Gwinnett High School Foundation Grant to Gwinnett County Board of Education for: Expand reading mentoring project for Everybody Wins Grant to Gwinnett County Board of Education for: Increase availability of arts training for school teachers Grant to Hospital Authority of Putnam County for: Assist with funds for infrastructure improvements at Putnam General Hospital Grant to Housing Authority of the City of Augusta, Georgia for: Assist with operating expenses for the Central Savannah River Area Partnership for Community Health Grant to Jefferson County Board of Education for: Purchase recreation equipment for the Carver Elementary School Grant to Lake Allatoona Preservation Authority for: Assist with first phase $10,000 $5,000 $20,000 $20,000 $35,000 $8,000 $8,000 $8,000 $8,000 $8,000 $20,000 $10,000 $10,000 $10,000 $8,000 $3,900 $10,000 $25,000 FRIDAY, APRIL 4, 2008 of the water quality improvement projects Grant to Lee County Board of Education for: Assist with funds to purchase materials and equipment for Lee County School Systems special education program Grant to Lee County Board of Education for: Assist with funds to purchase materials and equipment for Lee County Elementary School Grant to Lee County Board of Education for: Assist with funds to purchase materials and equipment for Turn Oaks Elementary School Grant to Lee County Board of Education for: Assist with funds to purchase equipment and materials for Lee County Schools Grant to Lowndes County Board of Education for: Assist with funds for the purchase of materials and equipment to aid in the construction of a greenhouse for Clyattville Elementary School Grant to Lumpkin County Water and Sewage Authority for: Assist with funds for materials and equipment to aid in the expansion of existing water sources and leak prevention efforts in Lumpkin County Grant to Madison County Board of Education for: Complete the concrete foundation for the Madison County Agriculture Education Center Grant to Muscogee County Board of Education for: Provide funds to assist the Columbus Community Center with the purchase of materials and supplies for youth outreach Grant to Muscogee County Board of Education for: Provide funds to purchase computers for the South Columbus Children's Center Grant to Muscogee County Board of Education for: Assist with the parent involvement and monitoring program at Spencer High School, Eddy Middle School and Muscogee Elementary Schools Grant to Paulding County Board of Education for: Provide funds for the purchase of materials and equipment for North Paulding High science classrooms Grant to Paulding County Board of Education for: Provide funds to the purchase of technology improvements to Burnt Hickory Elementary classrooms Grant to Reed Bingham State Park for: Build an observation deck Grant to Reidsville Airport Authority for: Purchase fuel and hangar improvements Grant to Richmond County Board of Education for: Assist with funds for the purchase of equipment to improve the technology infrastructure at Goshen Elementary School Grant to Richmond County Board of Education for: Cover registration, transportation, housing and meal costs to the National Society of Black Engineers National Convention for two members and a chaperone of the Academy of Richmond NSBE Jr. Chapter Grant to Schley County Board of Education for: Purchase laptops, 4445 $9,000 $2,400 $2,250 $2,500 $3,000 $15,000 $30,000 $5,000 $5,000 $10,000 $20,000 $10,000 $10,000 $25,000 $5,000 $2,096 $25,000 4446 JOURNAL OF THE SENATE instructional equipment to update Schley County middle and high school technology labs Grant to Telfair County Board of Education for: Assist with funds for materials in equipment to help aid in renovation efforts at Telfair County Schools Grant to Tift County Board of Education for: Assist with funding for infrastructure improvements at Eighth St. Middle School Grant to Walton County Board of Education for: Assist with funds to aid in the purchase of materials and supplies for the completion of a classroom construction project at Loganville High School Grant to Warren County Board of Education for: Assist with teacher, staff and student recognition program Grant to Worth County Board of Education for: Assist with funds to purchase materials and equipment for Sylvester Elementary School Grant to Worth County Board of Education for: Assist with funds to purchase materials and equipment at Holley Elementary $7,000 $5,000 $20,000 $10,000 $2,500 $2,000 15.8. Regional Services Purpose: Assist in the marketing, development, and implementation of housing and community and economic development projects and services. Total Funds $2,935,333 Federal Funds and Grants $0 Other Funds $500,000 Agency Funds $500,000 State Funds $2,435,333 State General Funds $2,435,333 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,304,905 $2,304,905 Annualize the cost of the FY 2008 salary adjustment. $28,825 $28,825 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($6,905) ($6,905) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,200) ($7,200) Reflect an adjustment in the Workers' Compensation premium rate structure. ($9,491) ($9,491) Restore funding for the Local Development Fund. $0 $0 FRIDAY, APRIL 4, 2008 4447 Provide for a general salary increase of 2.5% effective January 1, 2009 ($17,999) and for performance increases ($7,200). Increase other funds ($500,000) to reflect projected expenditures for FY 2009. Increase funds for the Rural Water Association Fluoridation program. Amount appropriated in this Act $25,199 $0 $100,000 $2,435,333 $25,199 $500,000 $100,000 $2,935,333 15.9. Rental Housing Programs Purpose: Provide affordable housing to very low and low to moderate-income households by allocating federal and state housing tax credits on a competitive basis and by providing subsidized housing through the Housing Choice Voucher Program. Total Funds $99,527,578 Federal Funds and Grants $93,243,170 Federal Funds Not Specifically Identified $93,243,170 Other Funds $2,996,579 Other Funds Not Specifically Identified $2,996,579 State Funds $3,287,829 State General Funds $3,287,829 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,287,829 $101,448,277 Increase federal funds ($45,000) to reflect projected expenditures for FY 2009. $0 $45,000 Adjust funds to reflect projected revenue receipts. $0 ($1,965,699) Amount appropriated in this Act $3,287,829 $99,527,578 15.10. Research and Surveys Purpose: Conduct surveys and collect financial/management data from local governments and authorities as directed by statute. Total Funds $654,010 Federal Funds and Grants $0 Other Funds $24,163 Agency Funds $24,163 State Funds $629,847 State General Funds $629,847 Intra-State Government Transfers $0 4448 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 95) $620,782 $620,782 Annualize the cost of the FY 2008 salary adjustment. $8,530 $8,530 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,301) ($2,301) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,400) ($2,400) Reflect an adjustment in the Workers' Compensation premium rate structure. ($3,164) ($3,164) Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,000) and for performance increases ($2,400). $8,400 $8,400 Increase other funds ($24,163) to reflect projected expenditures for FY 2009. $0 $24,163 Amount appropriated in this Act $629,847 $654,010 15.11. Special Housing Initiatives Purpose: Provide funding for special housing initiatives. Total Funds $6,094,954 Federal Funds and Grants $0 Other Funds $2,462,062 Agency Funds $63,000 Other Funds Not Specifically Identified $2,399,062 State Funds $3,632,892 State General Funds $3,632,892 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,332,892 $5,731,954 Increase funding for the State Housing Trust Fund to provide contract caseworkers to assist homeless families in achieving housing stability. $300,000 $300,000 Increase other funds ($63,000) to reflect projected expenditures for FY 2009. $0 $63,000 Amount appropriated in this Act $3,632,892 $6,094,954 FRIDAY, APRIL 4, 2008 4449 15.12. State Community Development Programs Purpose: 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 $2,400,728 Federal Funds and Grants $5,000 Federal Funds Not Specifically Identified $5,000 Other Funds $0 State Funds $2,395,728 State General Funds $2,395,728 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,377,599 $1,377,599 Annualize the cost of the FY 2008 salary adjustment. $17,061 $17,061 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($4,603) ($4,603) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($4,800) ($4,800) Reflect an adjustment in the Workers' Compensation premium rate structure. ($6,328) ($6,328) Provide for a general salary increase of 2.5% effective January 1, 2009 ($11,999) and for performance increases ($4,800). $16,799 $16,799 Increase federal funds ($5,000) to reflect projected expenditures for FY 2009. $0 $5,000 Provide funding for the City of Porterdale Community Center Gymnasium reconstruction. $200,000 $200,000 Increase funds for an Emergency Operation Facility in Fayette County. $200,000 $200,000 Provide funding to renovate and expand the Tift County Multipurpose Livestock Building. $125,000 $125,000 Provide funding to renovate and expand the Jeff Davis County Multipurpose Livestock Building. $175,000 $175,000 Provide funding for the construction of an ADA compliant regional athletic facility in Hall County. $300,000 $300,000 Amount appropriated in this Act $2,395,728 $2,400,728 4450 JOURNAL OF THE SENATE 15.13. State Economic Development Program Purpose: Facilitate and stimulate economic activity, private investment, and job creation by various means, including making loans and grants. Total Funds $9,107,323 Federal Funds and Grants $13,587 Federal Funds Not Specifically Identified $13,587 Other Funds $154,681 Other Funds Not Specifically Identified $154,681 State Funds $8,939,055 State General Funds $8,939,055 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $10,714,727 $10,882,995 Annualize the cost of the FY 2008 salary adjustment. $1,422 $1,422 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($408) ($408) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($425) ($425) Reflect an adjustment in the Workers' Compensation premium rate structure. ($560) ($560) Delete one-time REBA funding to assist local redevelopment authorities with comprehensive economic development planning. ($80,471) ($80,471) Delete one-time funding appropriated to the City of Richland for an emergency water redistribution system. ($600,000) ($600,000) Reduce the Life Sciences Facilities Fund while still maintaining fund liquidity. ($596,718) ($596,718) Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,063) and for performance increases ($425). $1,488 $1,488 Reduce funding for the Regional Economic Business Assistance (REBA) program. ($500,000) ($500,000) Amount appropriated in this Act $8,939,055 $9,107,323 The following appropriations are for agencies attached for administrative purposes. FRIDAY, APRIL 4, 2008 4451 15.20. Payments to Georgia Environmental Facilities Authority Purpose: Provide funds for water, wastewater, solid waste, energy, and land conservation projects. Total Funds $11,725,014 Federal Funds and Grants $0 Other Funds $0 State Funds $11,725,014 State General Funds $11,725,014 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $49,823,726 $49,823,726 Delete one-time funding for treated wastewater reuse incentive grants. ($500,000) ($500,000) Delete one-time funding for projects of statewide significance in the Governor's Land Conservation program. ($12,337,944) ($12,337,944) Delete one-time funding for the E-85 grant program. ($400,000) ($400,000) Provide one position and funding to coordinate energy savings programs. $139,232 $139,232 Reduce funds in Governor's Land Conservation Program. ($25,000,000) ($25,000,000) Amount appropriated in this Act $11,725,014 $11,725,014 15.21. Payments to Georgia Regional Transportation Authority Purpose: Improve Georgia's mobility, air quality, and land use practices. Total Funds $4,857,300 Federal Funds and Grants $0 Other Funds $0 State Funds $4,857,300 State General Funds $4,857,300 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $4,867,816 $4,867,816 Annualize the cost of the FY 2008 salary adjustment. $66,145 $66,145 4452 JOURNAL OF THE SENATE Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Utilize existing funds to expand Xpress service by the implementation of five new routes and service improvements on two routes. (G:YES) Eliminate the vacant board secretary position due to efficiencies. Utilize existing funds for a pilot ending June 30, 2009 of the Georgia Towing and Recovery Incentive Program (TRIP), paying heavy duty recovery companies a monetary bonus for clearing major commercial vehicle wrecks in metro Atlanta within set timeframes. (G:YES) Provide for a general salary increase of 2.5% effective January 1, 2009 ($52,736) and for performance increases ($21,095). Amount appropriated in this Act ($20,655) $0 ($21,095) ($11,386) $0 ($97,356) $0 ($20,655) $0 ($21,095) ($11,386) $0 ($97,356) $0 $73,831 $4,857,300 $73,831 $4,857,300 15.22. Payments to OneGeorgia Authority Purpose: Provide funds for the One Georgia Authority. Total Funds Federal Funds and Grants Other Funds Agency Funds Other Funds Not Specifically Identified State Funds Tobacco Funds Intra-State Government Transfers $47,803,976 $0 $680,643 $324,297 $356,346 $47,123,333 $47,123,333 $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $47,123,333 $47,479,679 Increase other funds ($324,297) to reflect projected expenditures for FY 2009. $0 $324,297 Amount appropriated in this Act $47,123,333 $47,803,976 FRIDAY, APRIL 4, 2008 4453 Section 16: Community Health, Department of Total Funds Federal Funds and Grants Medical Assistance Program State Children's Insurance Program Other Funds Agency Funds Prior Year Funds from Other Sources Indigent Care Trust Fund - Public Hospital Authorities State Funds Tobacco Funds State General Funds Intra-State Government Transfers Health Insurance Payments Medicaid Services Payments - Other Agencies $12,278,613,765 $6,109,449,283 $5,848,255,849 $261,193,434 $677,304,222 $77,203,464 $460,714,234 $139,386,524 $2,514,291,820 $61,573,656 $2,452,718,164 $2,977,568,440 $2,696,711,178 $280,857,262 16.1. Administration Purpose: Provide administrative support to all departmental programs. Total Funds $426,660,620 Federal Funds and Grants $297,192,566 Medical Assistance Program $279,038,531 State Children's Insurance Program $18,154,035 Other Funds $232,160 Agency Funds $232,160 State Funds $106,922,412 State General Funds $106,922,412 Intra-State Government Transfers $22,313,482 Health Insurance Payments $22,313,482 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 95) $94,102,323 $430,930,823 Annualize the cost of the FY 2008 salary adjustment. $318,145 $915,937 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($83,985) ($83,985) Increase the GBA real estate rental rate for office space. $0 $0 4454 JOURNAL OF THE SENATE Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide funds to continue implementation of the Health Information Exchange pilot program. Reduce operational expenses in the Administration program. Redirect funds from the Administration program to the Health Care Access and Improvement program to reflect department reorganization of two positions. Transfer funds from the Aged, Blind, and Disabled Medicaid program to the Administration program to replace the loss of one-time funds reserved for FY 2008 administrative services. Provide a general salary increase of 2.5% effective January 1, 2009 ($219,425), for performance increases ($87,770), and for structure adjustments to the statewide salary plan ($4,921). Reduce other funds to reflect the loss of one-time funds reserved for FY 2008 administrative services. (G:YES) $0 ($87,770) ($30,963) $0 ($1,566,028) ($171,426) $0 ($87,770) ($30,963) $0 ($5,124,112) ($171,426) $14,130,000 $14,130,000 $312,116 $312,116 $0 ($14,130,000) Amount appropriated in this Act $106,922,412 $426,660,620 16.2. Aged, Blind, and Disabled Medicaid Purpose: Improve healthcare access primarily to elderly and disabled individuals. Total Funds $4,611,480,973 Federal Funds and Grants $2,933,475,960 Medical Assistance Program $2,933,475,960 Other Funds $271,857,210 Agency Funds $62,342,988 Prior Year Funds from Other Sources $209,514,222 State Funds $1,138,859,171 State General Funds $1,138,859,171 Intra-State Government Transfers $267,288,632 Medicaid Services Payments - Other Agencies $267,288,632 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, APRIL 4, 2008 4455 Amount from prior Appropriation Act (HB 95) Reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. Add 100 Independent Care Waiver Program (ICWP) slots for the Money Follows the Person Demonstration Grant to move qualified members from institutions to the community. Provide funds for 50 slots in the ICWP program to address the community waiting list. (CC: Increase funds for 75 slots in the ICWP program.) Provide an additional 1% add-on to per diems for nursing facilities meeting the requirements of the quality incentive program. Update the maximum allowable reimbursement to 88.5% of the 2007 Resource Based Relative Value Scale (RBRVS), as specified by Medicare for the Atlanta area, for providers of the following services: Physician, Physician Assistant, Nurse Midwife, Advanced Nurse Practitioners, Podiatry, Oral Maxillofacial Surgery, Children's Intervention Services, Psychological Services, Dialysis Professional Services, Vision, and Family Planning. (CC:YES; Update the maximum allowable reimbursement to 80% of the 2007 Resource Based Relative Value Scale (RBRVS) as specified by Medicare for the Atlanta area for participating Medicare providers. Medicaid providers subject to this change include physicians, physician assistants, nurse midwifes, advanced nurse practitioners, podiatrists, oral maxillofacial surgeons, providers of children's intervention services and children's intervention school services, psychologists, optometrists, and providers of family planning. This will not apply to providers billing the following CPT codes: 99296, 99294, 99299, 99300, 99431, 99298, 99436, 99433, 92586, 99440, 31500, 76811, 76820, 99238, 99293, 59409, 76819, 59515, and 59514. These codes will not receive a rate change along with speech therapy and dialysis. ) Increase cost coverage for inpatient hospital services from 95.1% to 98.6% of cost for designated trauma hospitals Levels I through III, and increase cost coverage from 90.1% to 92.6% of cost for all other hospitals. State Funds $1,135,312,137 $0 Total Funds $4,273,886,947 $149,586,628 $1,423,047 $3,968,341 $1,170,614 $1,792,628 $3,420,322 $3,264,400 $4,998,963 $9,537,986 $6,581,839 $18,354,264 4456 JOURNAL OF THE SENATE Update outpatient hospital reimbursement to a facility-wide Cost-to-Charge ratio to determine cost, and pay 100% of cost for designated trauma hospitals Levels I through III, and 95% of cost for all other hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and, increase the triage fee for non-emergency use of the Emergency Room from $50 to $60. (CC: Continue to use Medicaid-specific cost-to-charge ratios to determine cost, and increase the percent of cost coverage for services subject to cost settlement from 85.6% of cost to 90.7% of cost for designated trauma hospitals Levels I through III, and 88.3% of cost for all other non-state, non-critical access hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and, increase the triage fee for nonemergency use of the Emergency Room from $50 to $60.) Increase the cap for home health services to $90 and pay the lesser of the cap or 100% of cost, according to FY 2006 cost reports. Increase Healthcheck reimbursement rate by 2.5%. Provide coverage for digital mammography services. Increase codes for global maternity delivery rates by 2.5%. (CC: Increase codes for global maternity delivery rates by 5%. ) Develop a quality incentive proposal for all home and community based waiver services in partnership with the Department of Human Resources (DHR). (G:YES) (CC:YES) Transfer funds from the Aged, Blind, and Disabled Medicaid program to the Administration program to replace the loss of one-time funds reserved for FY 2008 administrative services. Reduce Medicaid benefits to reflect projected expenditures. Increase funding for the nursing home per diem rate to align with current fair rental value indices and to recognize capital expenditures associated with facility upgrades. Realign Medicaid benefits and utilize FY 2008 state fund reserves ($63,872,418) for FY 2008 Incurred $2,087,806 $5,822,103 $1,136,283 $18,261 $113,492 $436,612 $0 $3,168,664 $50,924 $316,487 $1,217,546 $0 ($14,130,000) ($39,403,235) ($20,000,000) $17,650,154 ($55,772,448) $49,219,615 $0 $178,116,057 FRIDAY, APRIL 4, 2008 4457 But Not Reported (IBNR) claims expense. Provide access to tobacco cessation therapy medication to all members of the Medicaid population who are tobacco users and are seeking such therapy. Increase Ambulance reimbursement rates to 86% of the 2007 Medicare schedule. Increase ICWP rates by 2.5% for personal support. (CC: Increase ICWP rates by 3% for personal support. ) Increase Dental reimbursement rates by 2.5%. Amount appropriated in this Act $0 $0 $1,400,743 $354,680 $3,906,143 $989,070 $90,553 $252,518 $1,138,859,171 $4,611,480,973 16.3. Health Care Access and Improvement Purpose: Improve the health, wellness and access to healthcare for Georgians. Total Funds $26,272,898 Federal Funds and Grants $588,838 Medical Assistance Program $588,838 Other Funds $100,000 Agency Funds $100,000 State Funds $25,584,060 Tobacco Funds $10,600,000 State General Funds $14,984,060 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $17,299,088 $17,987,926 Annualize the cost of the FY 2008 salary adjustment. $9,501 $9,501 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,508) ($2,508) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,621) ($2,621) Continue development and implementation of a consumer focused Web site expanding access to health care information. $0 $0 Redirect funds from the Administration program to the Health Care Access and Improvement program to reflect department reorganization of two $171,426 $171,426 4458 JOURNAL OF THE SENATE positions. Delete one-time funds for "new start" Community Health Centers in Bacon, Bibb, Gwinnett, Lanier, Murray, and Richmond counties. Delete one-time funds for behavioral health services integration with existing Community Health Centers in Bacon, Dougherty, Emanuel, Muscogee, and Washington counties. Delete one-time funds to the Georgia Association for Primary Health Care to complete the statewide Electronic Medical Records system to link together the Federally Qualified Community Health Centers. Reflect the final year of the state funds contribution to the Hughes Spalding Children's Hospital. Provide tobacco settlement funding to increase access to primary health care in rural Georgia through the development of regional systems of care. Provide funding for the Health Insurance Partnership in order to decrease Georgia's working uninsured by providing low cost health insurance to approximately 25,000 Georgians. The program will target sole proprietors, small businesses, and their employees with incomes less than 300% of the federal poverty level. Provide a general salary increase of 2.5% effective January 1, 2009 ($6,553), and for performance increases ($2,621). Redirect core funding for Regional Cancer Coalitions from the Department of Community Health to the Board of Regents, Payments to Georgia Cancer Coalition. Establish a contract with the Georgia Association for Primary Health Care, which allows for 3 allotments, the first allotment upon execution of the contract, the second allotment when half of the sites work plans and budgets are received, and the final allotment upon receipt of the remainder of the sites work plans and budgets, for start up expenses incurred by new Community Health Centers at the following sites: Montgomery County, Jones County, Clarke County and Effingham County. Establish a contract with the Georgia Association for Primary Health Care, which allows for 3 allotments, ($1,500,000) ($1,250,000) ($750,000) ($1,750,000) $9,250,000 $0 $9,174 ($1,500,000) $1,000,000 $1,000,000 ($1,500,000) ($1,250,000) ($750,000) ($1,750,000) $9,250,000 $0 $9,174 ($1,500,000) $1,000,000 $1,000,000 FRIDAY, APRIL 4, 2008 4459 the first allotment upon execution of the contract, the second allotment when half of the sites work plans and budgets are received, and the final allotment upon receipt of the remainder of the sites work plans and budgets, for expenses associated with behavioral health services integration incurred by the following Community Health Centers: Georgia Highlands Medical Services, Inc., TenderCare Clinic, West End Medical Centers, Inc., and Palmetto Health Council, Inc. Provide grant funds to the Southeastern Firefighters' Burn Foundation to assist in the care of indigent burn victims. Increase funds for grants to assist in the creation and enhancement of Safety Net Clinics across Georgia. Increase funds for a planning grant for the Georgia Wellness Incentive Pilot Program. Increase funds for the Georgia Health Marketing Trust Fund, per S.B. 404, (2008 Session). Increase funds for Operation of Georgia Health Marketplace Authority, per S.B. 404, (2008 Session). Increase funds for the design of the Georgia Health Marketplace Website, per S.B. 404, (2008 Session). Amount appropriated in this Act $500,000 $500,000 $950,000 $150,000 $1,000,000 $300,000 $950,000 $150,000 $1,000,000 $300,000 $700,000 $25,584,060 $700,000 $26,272,898 16.4. Indigent Care Trust Fund Purpose: Support rural and other healthcare providers, primarily hospitals that serve medically indigent Georgians. Total Funds $398,662,493 Federal Funds and Grants $257,075,969 Medical Assistance Program $257,075,969 Other Funds $141,586,524 Agency Funds $2,200,000 Indigent Care Trust Fund - Public Hospital Authorities $139,386,524 State Funds $0 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $500,000 $432,822,000 4460 JOURNAL OF THE SENATE Reflect the adjustment to the Federal Financial Participation (FFP) rate by recognizing increased federal funds. Reduce state funds in the Indigent Care Trust Fund by replacing state funds appropriated to the Georgia Cancer Coalition with other funds revenue generated from the renewal of breast cancer license tags. Reflect changes in the FFP rate for Medicaid. Require non-deemed hospitals to meet the annual indigent care requirements of their Certificates of Need as a condition for Disproportionate Share Hospital program participation. (CC:YES) Amount appropriated in this Act $0 ($500,000) $217,810 ($500,000) $0 ($33,877,317) $0 $0 $0 $398,662,493 16.5. Low-Income Medicaid Purpose: Improve healthcare access primarily to low-income individuals. Total Funds $3,377,418,806 Federal Funds and Grants $2,163,011,750 Medical Assistance Program $2,163,011,750 Other Funds $233,182,858 Agency Funds $12,328,316 Prior Year Funds from Other Sources $220,854,542 State Funds $967,807,351 Tobacco Funds $50,973,656 State General Funds $916,833,695 Intra-State Government Transfers $13,416,847 Medicaid Services Payments - Other Agencies $13,416,847 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $981,795,155 $2,924,600,849 Reflect changes in the FFP rate for Medicaid. $0 $84,162,070 Add 100 Independent Care Waiver Program (ICWP) slots for the Money Follows the Person Demonstration Grant to move qualified members from institutions to the community. $3,683 $10,271 Update the maximum allowable reimbursement to 88.5% of the 2007 Resource Based Relative Value Scale (RBRVS), as specified by Medicare for the Atlanta area, for providers of the following services: $6,634,288 $18,500,525 FRIDAY, APRIL 4, 2008 4461 Physician, Physician Assistant, Nurse Midwife, Advanced Nurse Practitioners, Podiatry, Oral Maxillofacial Surgery, Children's Intervention Services, Psychological Services, Dialysis Professional Services, Vision, and Family Planning. (CC:YES; Update the maximum allowable reimbursement to 80% of the 2007 Resource Based Relative Value Scale (RBRVS) as specified by Medicare for the Atlanta area for participating Medicare providers. Medicaid providers subject to this change include physicians, physician assistants, nurse midwifes, advanced nurse practitioners, podiatrists, oral maxillofacial surgeons, providers of children's intervention services and children's intervention school services, psychologists, optometrists, and providers of family planning. This will not apply to providers billing the following CPT codes: 99296, 99294, 99299, 99300, 99431, 99298, 99436, 99433, 92586, 99440, 31500, 76811, 76820, 99238, 99293, 59409, 76819, 59515, and 59514. These codes will not receive a rate change along with speech therapy and dialysis. ) Reduce CMO fees to reflect projected revenue due to lower program enrollment. Reflect changes in the FFP rate for Medicaid. Provide funds for 50 slots in the ICWP program to address the community waiting list. (CC: Increase funds for 75 slots in the ICWP program. ) Provide an additional 1% add-on to per diems for nursing facilities meeting the requirements of the quality incentive program. Increase cost coverage for inpatient hospital services from 95.1% to 98.6% of cost for designated trauma hospitals Levels I through III, and increase cost coverage from 90.1% to 92.6% of cost for all other hospitals. Update outpatient hospital reimbursement to a facility-wide Cost-to-Charge ratio to determine cost, and pay 100% of cost for designated trauma hospitals Levels I through III, and 95% of cost for all other hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and, increase the triage fee for non-emergency use of the Emergency Room from $50 to $60. (CC: Effective July 1, 2008, ($26,538,557) $0 $3,030 ($74,006,015) $14,388,011 $8,450 $372 $1,037 $8,790,794 $24,514,205 $4,116,621 $11,479,702 4462 JOURNAL OF THE SENATE Care Management Organization's will use Medicaid-specific cost-to-charge ratios to determine cost, and increase the percent of cost coverage for services subject to cost settlement from 85.6% of cost to 90.7% of cost for designated trauma hospitals Levels I through III, and 88.3% of cost for all other non-state, non-critical access hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and, increase the triage fee for nonemergency use of the Emergency Room from $50 to $60.) Increase the cap for home health services to $90 and pay the lesser of the cap or 100% of cost, according to FY 2006 cost reports. Increase Healthcheck reimbursement rate by 2.5%. Provide coverage for digital mammography services. Increase codes for global maternity delivery rates by 2.5%. (CC: Increase codes for global maternity delivery rates by 5%. ) Develop a quality incentive proposal for all home and community based waiver services in partnership with DHR. (G:YES) (CC:YES) Realign Medicaid benefits and utilize FY 2008 state fund reserves ($141,028,264) for FY 2008 Incurred But Not Reported (IBNR) claims expense. Reflect cost avoidance by funded eligibility positions. Reduce Medicaid benefits to reflect projected expenditures. Increase Ambulance reimbursement rates to 86% of the 2007 Medicare schedule. Effective July 1, 2008, Care Management Organization's are required to increase their current per unit reimbursement rates and fixed outpatient hospital reimbursement rates for their contracted providers at the percent mandated in HB 990. (CC:YES) Effective July 1, 2008, Care Management Organization's are required to apply provider increases where applied to Critical Access Hospitals are to be paid at the Medicare Critical Access rate of 101%. (CC:YES) Provide for a Medicaid expansion for Foster Care $232,918 $649,519 $491,362 $223,778 $1,245,828 $1,370,224 $624,031 $3,474,144 $0 $0 $0 $393,274,579 ($2,262,903) ($9,000,000) $49,439 $0 ($6,310,382) ($25,097,602) $137,867 $0 $0 $0 $1,100,000 $3,067,485 FRIDAY, APRIL 4, 2008 4463 children up to the age of 21. Increase ICWP rates by 2.5% for personal support. (CC: Increase ICWP rates by 3% for personal support. ) Increase Dental reimbursement rates by 2.5%. Provide access to tobacco cessation therapy medication to all members of the Medicaid population who are tobacco users and are seeking such therapy. Provide funds for Psychological Residential Treatment Facilities, (PRTF's) to allow for a rate increase in per diem from $299 to $309 a day. (CC:YES; Implement by July 1, 2008 an increase in per diem rates for psychiatric residential treatment centers consistent with other states and sufficient to reimburse all covered medical and behavioral health. ) Amount appropriated in this Act $918 $920,625 $0 $2,560 $2,567,276 $0 $0 $0 $967,807,351 $3,377,418,806 16.6. Nursing Home Provider Fees Purpose: 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 $335,870,759 Federal Funds and Grants $215,064,801 Medical Assistance Program $215,064,801 Other Funds $0 State Funds $120,805,958 State General Funds $120,805,958 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $120,805,958 $324,921,888 Reflect changes in the FFP rate for Medicaid. $0 $10,948,871 Amount appropriated in this Act $120,805,958 $335,870,759 16.7. PeachCare Purpose: Improve access to healthcare for qualified low-income Georgia children Total Funds $341,864,111 4464 JOURNAL OF THE SENATE Federal Funds and Grants $243,039,399 State Children's Insurance Program $243,039,399 Other Funds $0 State Funds $98,672,929 State General Funds $98,672,929 Intra-State Government Transfers $151,783 Medicaid Services Payments - Other Agencies $151,783 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 95) $81,348,701 $313,825,507 Reflect changes in the FFP rate for PeachCare. $0 $7,709,225 Reflect changes in the FFP rate for PeachCare. $0 $2,922,633 Reduce CMO fees to reflect projected revenue. ($1,257,367) ($5,023,440) Update the maximum allowable reimbursement to 88.5% of the 2007 Resource Based Relative Value Scale (RBRVS), as specified by Medicare for the Atlanta area, for providers of the following services: Physician, Physician Assistant, Nurse Midwife, Advanced Nurse Practitioners, Podiatry, Oral Maxillofacial Surgery, Children's Intervention Services, Psychological Services, Dialysis Professional Services, Vision, and Family Planning. (CC:YES; Update the maximum allowable reimbursement to 80% of the 2007 Resource Based Relative Value Scale (RBRVS) as specified by Medicare for the Atlanta area for participating Medicare providers. Medicaid providers subject to this change include physicians, physician assistants, nurse midwifes, advanced nurse practitioners, podiatrists, oral maxillofacial surgeons, providers of children's intervention services and children's intervention school services, psychologists, optometrists, and providers of family planning. This will not apply to providers billing the following CPT codes: 99296, 99294, 99299, 99300, 99431, 99298, 99436, 99433, 92586, 99440, 31500, 76811, 76820, 99238, 99293, 59409, 76819, 59515, and 59514. These codes will not receive a rate change along with speech therapy and dialysis. ) $230,301 $920,100 Increase cost coverage for inpatient hospital services from 95.1% to 98.6% of cost for designated trauma $224,058 $895,158 FRIDAY, APRIL 4, 2008 hospitals Levels I through III, and increase cost coverage from 90.1% to 92.6% of cost for all other hospitals. Update outpatient hospital reimbursement to a facility-wide Cost-to-Charge ratio to determine cost, and pay 100% of cost for designated trauma hospitals Levels I through III, and 95% of cost for all other hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and, increase the triage fee for non-emergency use of the Emergency Room from $50 to $60. (CC: Effective July 1, 2008, Care Management Organization's will use Medicaid-specific cost-to-charge ratios to determine cost, and increase the percent of cost coverage for services subject to cost settlement from 85.6% of cost to 90.7% of cost for designated trauma hospitals Levels I through III, and 88.3% of cost for all other non-state, non-critical access hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and, increase the triage fee for nonemergency use of the Emergency Room from $50 to $60.) Increase the cap for home health services to $90 and pay the lesser of the cap or 100% of cost, according to FY 2006 cost reports. Increase codes for global maternity delivery rates by 2.5%. (CC: Increase codes for global maternity delivery rates by 5%.) Provide coverage for digital mammography services. Increase Healthcheck reimbursement rate by 2.5%. Provide state funds to cover projected benefit expenditures in the PeachCare program. Increase Ambulance reimbursement rates to 86% of the 2007 Medicare schedule. Effective July 1, 2008, Care Management Organization's are required to increase their current per unit reimbursement rates and fixed outpatient hospital reimbursement rates for their contracted providers at the percent mandated in HB 990. (CC:YES) Effective July 1, 2008, Care Management Organization's are required to apply provider $389,208 $4,254 $104,078 $21,146 $47,683 $17,296,679 $47,866 $0 $0 4465 $1,554,966 $16,997 $415,813 $84,483 $190,503 $17,296,679 $191,236 $0 $0 4466 JOURNAL OF THE SENATE increases where applied to Critical Access Hospitals are to be paid at the Medicare Critical Access rate of 101%. (CC:YES) Increase Dental reimbursement rates by 2.5%. Amount appropriated in this Act $216,322 $98,672,929 $864,251 $341,864,111 16.8. State Health Benefit Plan Purpose: 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. Total Funds $2,704,743,166 Federal Funds and Grants $0 Other Funds $30,345,470 Prior Year Funds from Other Sources $30,345,470 State Funds $0 Intra-State Government Transfers $2,674,397,696 Health Insurance Payments $2,674,397,696 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $2,687,375,431 Implement optimal pricing strategies to incentivize member enrollment in Consumer Driven Health Plans (CDHP) while increasing employee premiums by an average of 7.5%. $0 $24,177,001 Provide funds for Other Post-Employment Benefits (OPEB) for retiree health care for state employees and their dependents by increasing the percent of payroll contribution from 22.843% to 24.182%. (CC: Reduce employer contribution rate from 22.843% to 22.165% due to sufficient level of reserves.) $0 ($16,707,916) Increase funds to reflect appropriated employer contributions for premium payments and OPEB for legislative and judicial agencies as reflected in House Bill 95. $0 $9,898,650 Effective July 1, 2008, the current pharmacy benefit manager will guarantee: Independents: AWP -13% + $3.41 per script dispensing fee and Chains: AWP 13.5% + $2.25 per script dispensing fee. (CC:YES; Effective July 1, 2008, the current pharmacy benefit manager will guarantee for Independents: AWP - $0 $0 FRIDAY, APRIL 4, 2008 4467 13% + $3.41 per script dispensing fee.) Apply Social Security Act 1833(h)(5)(A); In a case of billing of request for payment for a clinical diagnostic laboratory test for which payment may otherwise be made under this part on an assignmentrelated basis or under a provider agreement under section 1866, payment may only be made to the person or entity which performed or supervised the performance of such tests. (CC:YES) Reflect funds prepaid in H.B. 989 for health insurance for non certified personnel and retired teachers. (CC:YES) Amount appropriated in this Act $0 $0 $0 $0 $0 $2,704,743,166 It is the intent of this General Assembly that the employer contribution rate for the teachers' health benefit plan for Fiscal Year 2009 shall not exceed 18.534% and for the state employees' health benefit plan for Fiscal Year 2009 shall not exceed 22.165%. The following appropriations are for agencies attached for administrative purposes. 16.9. Composite Board of Medical Examiners Purpose: Protect the public's health by ensuring healthcare practitioners are qualified to practice in the State of Georgia. Total Funds $2,394,849 Federal Funds and Grants $0 Other Funds $0 State Funds $2,394,849 State General Funds $2,394,849 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,366,731 $2,366,731 Annualize the cost of the FY 2008 salary adjustment. $27,226 $27,226 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($9,660) ($9,660) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($10,108) ($10,108) Reduce telecommunication expenses due to ($15,000) ($15,000) 4468 JOURNAL OF THE SENATE implementation of new technology. Provide for a general salary increase of 2.5% effective January 1, 2009 ($25,270), for performance increases ($10,108), and for structure adjustments to the statewide salary plan ($282). Amount appropriated in this Act $35,660 $35,660 $2,394,849 $2,394,849 16.10. Georgia Board for Physician Workforce, Administration Purpose: Provide administrative support to all agency programs. Total Funds $855,498 Federal Funds and Grants $0 Other Funds $0 State Funds $855,498 State General Funds $855,498 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $591,850 $591,850 Annualize the cost of the FY 2008 salary adjustment. $6,486 $6,486 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,408) ($2,408) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,287) ($2,287) Provide one-time funding of $21,525 for a physician matching services program to increase Georgia's ability to recruit needed physicians. $82,424 $82,424 Provide funds for a Medical Education study to evaluate Georgia's teaching institutions' capacity to expand their residency programs. $110,000 $110,000 Increase operating expenses to include one-time funds of $5,000 for costs shared with State Medical Education Board to accurately reflect expenses. $17,500 $17,500 Increase funds for inflationary increases to data broker contracts, and for participation in the Governor's Intern Program. $20,500 $20,500 Provide for a general salary increase of 2.5% effective January 1, 2009 ($5,716), for performance increases ($2,287), and for special adjustments to $31,433 $31,433 FRIDAY, APRIL 4, 2008 4469 selected job classes ($31,977). (CC: Provide for a general salary increase of 2.5% effective January 1, 2009 ($5,716), for performance increases ($2,287), and for special adjustments to selected job classes ($23,430). ) Amount appropriated in this Act $855,498 $855,498 16.11. Georgia Board for Physician Workforce, Graduate Medical Education Purpose: Address the physician workforce needs of Georgia communities through the support and development of medical education programs. Total Funds $9,853,061 Federal Funds and Grants $0 Other Funds $0 State Funds $9,853,061 State General Funds $9,853,061 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $7,212,223 $7,212,223 Add two pediatric residency slots at Medical Center of Central Georgia and two pediatric residency slots at Memorial Health University Medical Center. Add two family medicine residency slots at Medical Center of Central Georgia. $116,334 $116,334 Add three general surgery residency slots at Memorial Health University Medical Center, and four general surgery slots at Medical Center of Central Georgia. (CC: Add one pediatric residency slot at Memorial Health University Center, two pediatric residency slots at Morehouse School of Medicine, and four general surgery slots at Medical Center of Central Georgia. ) $126,000 $126,000 Add two OB/GYN residency slots at Memorial Health University Medical Center. $36,000 $36,000 Increase the Family Medicine Residency Capitation rate from $19,319.50 to $22,000 for all 202 slots. $541,461 $541,461 Increase Residency Capitation (All Specialties) from $2,353.68 to $3,353.68 for all 825 slots. $825,000 $825,000 Provide state funding for the 297 Residency slots at the Medical College of Georgia. $996,043 $996,043 Amount appropriated in this Act $9,853,061 $9,853,061 4470 JOURNAL OF THE SENATE 16.12. Georgia Board for Physician Workforce, Mercer School of Medicine Purpose: 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 $24,560,862 Federal Funds and Grants $0 Other Funds $0 State Funds $24,560,862 State General Funds $24,560,862 Intra-State Government Transfers $0 16.13. Georgia Board for Physician Workforce, Morehouse School of Medicine Purpose: Ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership with Morehouse School of Medicine. Total Funds $12,997,293 Federal Funds and Grants $0 Other Funds $0 State Funds $12,997,293 State General Funds $12,997,293 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $11,247,293 $11,247,293 Support the class size expansion at Morehouse School of Medicine. $1,750,000 $1,750,000 Amount appropriated in this Act $12,997,293 $12,997,293 16.14. Georgia Board for Physician Workforce, Undergraduate Medical Education Purpose: 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 Federal Funds and Grants $0 Other Funds $0 State Funds $3,538,484 State General Funds $3,538,484 Intra-State Government Transfers $0 16.15. State Medical Education Board Purpose: Ensure an adequate supply of physicians in rural areas of the state; and to provide FRIDAY, APRIL 4, 2008 4471 a program of aid to promising medical students. Total Funds $1,439,892 Federal Funds and Grants $0 Other Funds $0 State Funds $1,439,892 State General Funds $1,439,892 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,427,409 $1,427,409 Annualize the cost of the FY 2008 salary adjustment. $2,302 $2,302 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,070) ($1,070) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,082) ($1,082) Provide for a general salary increase of 2.5% effective January 1, 2009 ($2,704),and for performance increases ($1,082). (CC: Provide for a general salary increase of 2.5% effective January 1, 2009 ($2,704), for performance increases ($1,082), and for special adjustments to selected job classes ($8,547).) $12,333 $12,333 Amount appropriated in this Act $1,439,892 $1,439,892 Section 17: Corrections, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $1,222,424,174 $8,199,776 $8,199,776 $56,556,266 $382,238 $56,174,028 $1,157,668,132 $1,157,668,132 $0 17.1. Administration Purpose: To protect and serve the citizens of Georgia by providing an effective and efficient 4472 JOURNAL OF THE SENATE department that administers a balanced correctional system. Total Funds $59,664,864 Federal Funds and Grants $2,872,421 Federal Funds Not Specifically Identified $2,872,421 Other Funds $1,775,234 Agency Funds $382,238 Other Funds Not Specifically Identified $1,392,996 State Funds $55,017,209 State General Funds $55,017,209 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $55,204,846 $57,040,846 Annualize the cost of the FY 2008 salary adjustment. $358,937 $358,937 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($180,702) ($180,702) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($192,135) ($192,135) Reflect an adjustment in the Workers' Compensation premium rate structure. $117,402 $117,402 Provide funding (including residual funds from the Atlanta Day Reporting Center and the Athens Diversion Center conversion) for 12 months operating for an additional eight day reporting centers within strategic communities and judicial circuits throughout the state, including 56 positions and 8 vehicles, to provide a sentencing option for low-level offenders with drug treatment needs. $0 $0 Provide startup and partial year operating funds for the 256 bed fast track expansion at Coastal State Prison (two months), including 44 positions and 12 vehicles. $1,135 $1,135 Provide startup and partial year operating funds for the 256 bed fast track expansion at Ware State Prison (nine months), including 44 positions and 12 vehicles. $2,427 $2,427 FRIDAY, APRIL 4, 2008 4473 Provide 12 months operating funds for the 150 bed expansion at Dublin transitional center, including 34 positions and 12 vehicles. Provide startup and partial year operating funds for the 256 bed fast track expansion at Hays State Prison (four months), including 44 positions and 12 vehicles. Provide 12 months operating funds for the 14-bed medical unit at Coastal State Prison, including 10 positions and 1 vehicle. Provide 12 months operating funds for the 18-bed medical unit at Autry State Prison, including 10 positions and 1 vehicle. Provide state funds for the continuation of Residential Substance Abuse Treatment (RSAT) services to replace federal RSAT funds and inmate telephone commission funds no longer available. Provide 12 months operating funds for the 96 bed expansion at Emanuel Probation Detention Center, including 27 positions. Provide 12 months of operating funds for bed expansions at five state prisons (Dooly SP - 256 beds, Macon SP - 256 beds, Smith SP - 256 beds, Valdosta SP - 256 beds, and Wilcox SP - 192 beds). Increase federal funds ($836,421) and other funds ($1,392,996) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($480,338), for performance increases ($192,135), for special adjustments to selected job classes ($6,805), and for structure adjustments to the statewide salary plan ($29,152). Reduce department funding by 2.5% to reflect operational efficiencies. Amount appropriated in this Act $3,405 $1,703 $3,405 $1,703 $2,298 $2,298 $362,000 $2,298 $2,298 $362,000 $1,456 $3,830 $1,456 $3,830 $0 $708,430 $2,811,655 $708,430 ($1,380,121) $55,017,209 ($1,380,121) $59,664,864 17.2. Bainbridge Probation Substance Abuse Treatment Center (PSATC) Purpose: Provide a sanctioning option for probationers who require more security and supervision than provided by regular community supervision. Total Funds $6,713,296 Federal Funds and Grants $20,743 Federal Funds Not Specifically Identified $20,743 4474 JOURNAL OF THE SENATE Other Funds $284,128 Other Funds Not Specifically Identified $284,128 State Funds $6,408,425 State General Funds $6,408,425 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $6,235,613 $6,263,402 Annualize the cost of the FY 2008 salary adjustment. $47,567 $47,567 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($17,917) ($17,917) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($18,139) ($18,139) Reflect an adjustment in the Workers' Compensation premium rate structure. $12,737 $12,737 Provide state funds for the continuation of Residential Substance Abuse Treatment (RSAT) services to replace federal RSAT funds and inmate telephone commission funds no longer available. $26,427 $26,427 Increase other funds ($277,082) to reflect projected expenditures for FY 2009. $0 $277,082 Provide for a general salary increase of 2.5% effective January 1, 2009 ($45,348), for performance increases ($18,139), for special adjustments to selected job classes ($23,217), and for structure adjustments to the statewide salary plan ($2,752). $89,456 $89,456 Reduce department funding by 2.5% to reflect operational efficiencies. $0 $0 Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Correctional Officer. $32,681 $32,681 Amount appropriated in this Act $6,408,425 $6,713,296 17.3. Food and Farm Operations Purpose: To raise crops and livestock, and produce dairy items used in preparing meals for offenders. Total Funds $16,192,358 FRIDAY, APRIL 4, 2008 4475 Federal Funds and Grants $0 Other Funds $2,175,000 Other Funds Not Specifically Identified $2,175,000 State Funds $14,017,358 State General Funds $14,017,358 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $13,288,692 $13,355,692 Annualize the cost of the FY 2008 salary adjustment. $60,287 $60,287 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($24,784) ($24,784) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($25,303) ($25,303) Reflect an adjustment in the Workers' Compensation premium rate structure. $22,117 $22,117 Provide startup and partial year operating funds for the 256 bed fast track expansion at Coastal State Prison (two months), including 44 positions and 12 vehicles. $19,706 $19,706 Provide startup and partial year operating funds for the 256 bed fast track expansion at Ware State Prison (nine months), including 44 positions and 12 vehicles. $45,912 $45,912 Provide 12 months operating funds for the 150 bed expansion at Dublin transitional center, including 34 positions and 12 vehicles. $2,763 $2,763 Provide startup and partial year operating funds for the 256 bed fast track expansion at Hays State Prison (four months), including 44 positions and 12 vehicles. $29,560 $29,560 Provide funding for cost escalation in Food Services. $446,776 $446,776 Delete one-time start-up funds for Valdosta Transitional Center. ($4,680) ($4,680) Provide 12 months operating funds for the 96 bed expansion at Emanuel Probation Detention Center, including 27 positions. $21,994 $21,994 Provide 12 months of operating funds for bed $28,829 $28,829 4476 JOURNAL OF THE SENATE expansions at five state prisons (Dooly SP - 256 beds, Macon SP - 256 beds, Smith SP - 256 beds, Valdosta SP - 256 beds, and Wilcox SP - 192 beds). Increase other funds ($1,944,622) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($63,254), for performance increases ($25,302), for special adjustments to selected job classes ($10,407), and for structure adjustments to the statewide salary plan ($3,839). Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Correctional Officer, Farm Services. Amount appropriated in this Act $0 $102,803 $2,108,000 $102,803 $2,686 $2,686 $14,017,358 $16,192,358 17.4. Health Purpose: 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 $229,659,538 Federal Funds and Grants $100,000 Federal Funds Not Specifically Identified $100,000 Other Funds $11,390,499 Other Funds Not Specifically Identified $11,390,499 State Funds $218,169,039 State General Funds $218,169,039 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $195,137,625 $203,601,834 Annualize the cost of the FY 2008 salary adjustment. $148,034 $148,034 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($63,084) ($63,084) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($66,469) ($66,469) Reflect an adjustment in the Workers' Compensation premium rate structure. $144,991 $144,991 FRIDAY, APRIL 4, 2008 Provide startup and partial year operating funds for the 256 bed fast track expansion at Coastal State Prison (two months), including 44 positions and 12 vehicles. Provide startup and partial year operating funds for the 256 bed fast track expansion at Ware State Prison (nine months), including 44 positions and 12 vehicles. Provide 12 months operating funds for the 150 bed expansion at Dublin transitional center, including 34 positions and 12 vehicles. Provide startup and partial year operating funds for the 256 bed fast track expansion at Hays State Prison (four months), including 44 positions and 12 vehicles. Provide 12 months operating funds for the 14-bed medical unit at Coastal State Prison, including 10 positions and 1 vehicle. Provide 12 months operating funds for the 18-bed medical unit at Autry State Prison, including 10 positions and 1 vehicle. Delete one-time start-up funds for Valdosta Transitional Center. Provide 12 months operating funds for the 96 bed expansion at Emanuel Probation Detention Center, including 27 positions. Provide 12 months of operating funds for bed expansions at five state prisons (Dooly SP - 256 beds, Macon SP - 256 beds, Smith SP - 256 beds, Valdosta SP - 256 beds, and Wilcox SP - 192 beds). Provide for a 4% inflationary increase for inmate health care to cover the Medical College of Georgia contract ($6,536,828) and for physical health care due to increase in direct care claims (5,154,311). Provide funds for crucial unmet needs of a growing inmate mental health population to move towards industry recognized professional staff-to-inmate ratios. Provide state funds for the continuation of core mental health services to replace inmate telephone commission funds no longer available. Increase federal funds ($55,608) and other funds ($2,896,290) to reflect projected expenditures for FY 2009. $221,051 $781,037 $781,583 $443,333 $1,052,500 $1,052,500 ($5,500) $500,021 $1,792,770 $11,691,139 $2,314,781 $2,000,000 $0 4477 $221,051 $781,037 $781,583 $443,333 $1,052,500 $1,052,500 ($5,500) $500,021 $1,792,770 $11,691,139 $2,314,781 $2,000,000 $3,026,290 4478 JOURNAL OF THE SENATE Provide for a general salary increase of 2.5% effective January 1, 2009 ($166,173), for performance increases ($66,469), and for structure adjustments to the statewide salary plan ($10,085). Amount appropriated in this Act $242,727 $242,727 $218,169,039 $229,659,538 17.5. Jail Subsidy Purpose: Reimburse counties for the costs of incarcerating state prisoners in their local facilities. Total Funds $6,196,724 Federal Funds and Grants $0 Other Funds $0 State Funds $6,196,724 State General Funds $6,196,724 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $6,196,724 $6,196,724 Reduce one time funding for County Correctional Institution expansion. $0 $0 Reduce department funding by 2.5% to reflect operational efficiencies. $0 $0 Amount appropriated in this Act $6,196,724 $6,196,724 17.6. Offender Management Purpose: To provide cost-effective correctional services that ensure public safety. Total Funds $44,642,613 Federal Funds and Grants $0 Other Funds $30,000 Other Funds Not Specifically Identified $30,000 State Funds $44,612,613 State General Funds $44,612,613 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $44,724,989 $44,724,989 Annualize the cost of the FY 2008 salary adjustment. $38,537 $38,537 FRIDAY, APRIL 4, 2008 4479 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Increase other funds ($30,000) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($46,013), for performance increases ($18,405), for structure adjustments to the statewide salary plan ($2,793). Reduce department funding by 2.5% to reflect operational efficiencies. Reduce one-time funds received for a county Correctional Institute expansion. Amount appropriated in this Act ($17,980) $0 ($18,405) $39,477 $0 $67,211 ($17,980) $0 ($18,405) $39,477 $30,000 $67,211 $0 ($221,216) $44,612,613 $0 ($221,216) $44,642,613 17.7. Parole Revocation Centers Purpose: To provide a sanction for parole violations. Total Funds $5,081,855 Federal Funds and Grants $10,510 Federal Funds Not Specifically Identified $10,510 Other Funds $412,585 Other Funds Not Specifically Identified $412,585 State Funds $4,658,760 State General Funds $4,658,760 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $4,405,937 $4,465,585 Annualize the cost of the FY 2008 salary adjustment. $68,319 $68,319 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($20,079) ($20,079) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($19,229) ($19,229) 4480 JOURNAL OF THE SENATE Reflect an adjustment in the Workers' Compensation premium rate structure. Increase other funds ($312,585) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($48,073), for performance increases ($19,229), and for structure adjustments to the statewide salary plan ($2,918). Reduce department funding by 2.5% to reflect operational efficiencies. Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Correctional Officer. Amount appropriated in this Act $17,746 $0 $95,038 $17,746 $363,447 $95,038 $0 $111,028 $4,658,760 $0 $111,028 $5,081,855 17.8. Private Prisons Purpose: To provide a cost-effective correctional service that ensures public safety. Total Funds $85,297,250 Federal Funds and Grants $0 Other Funds $0 State Funds $85,297,250 State General Funds $85,297,250 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $80,709,877 $80,709,877 Provide for a 2.5% consumer price index (CPI) increase in the per diem rate for the state's 3 contracted private prisons. $2,017,747 $2,017,747 Provide 12 months funding for capacity maximized additions at private prison facilities adding 64 beds. $489,626 $489,626 Fund 1 month operating expenses for construction expansions at private prisons. (CC:Provide 3 months of funding for start-up and operating expenses for construction expansion. Initiate the process of utilizing the private prison partners to meet the anticipated additional bed space needs of over 13,000 new beds by 2015.) $2,080,000 $2,080,000 Amount appropriated in this Act $85,297,250 $85,297,250 Provided, however, from the appropriation of State General Funds designated above for FRIDAY, APRIL 4, 2008 4481 program 17.8. Private Prisons, the amount of $2,080,000 is specifically appropriated for this purpose: "Provide 3 months of funding for start-up and operating expenses for construction expansion. Initiate the process of utilizing the private prison partners to meet the anticipated additional bed space needs of over 13,000 new beds by 2015". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 17.8. Private Prisons above may be used for this specific purpose as well. (CC:Provide 3 months of funding for start-up and operating expenses for construction expansion. Initiate the process of utilizing the private prison partners to meet the anticipated additional bed space needs of over 13,000 new beds by 2015.) 17.9. Probation Detention Centers Purpose: Provide a sanctioning option for probationers who require more security or supervision than provided by regular community supervision or a diversion center. Total Funds $53,569,271 Federal Funds and Grants $455,095 Federal Funds Not Specifically Identified $455,095 Other Funds $6,153,706 Other Funds Not Specifically Identified $6,153,706 State Funds $46,960,470 State General Funds $46,960,470 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $46,080,772 $47,398,027 Annualize the cost of the FY 2008 salary adjustment. $706,700 $706,700 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($193,272) ($193,272) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($221,248) ($221,248) Reflect an adjustment in the Workers' Compensation premium rate structure. $188,398 $188,398 Provide 12 months operating funds for the 96 bed expansion at Emanuel Probation Detention Center, including 27 positions. $1,483,608 $1,483,608 Increase federal funds ($327,955) and other funds ($4,906,754) to reflect projected expenditures for FY 2009. $0 $5,291,546 4482 JOURNAL OF THE SENATE Provide for a general salary increase of 2.5% effective January 1, 2009 ($553,121), for performance increases ($221,248), for special adjustments to selected job classes ($258,987), and for structure adjustments to the statewide salary plan ($33,570). Reduce department funding by 2.5% to reflect operational efficiencies. Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Correctional Officer. Reduce operating costs by closing one Probation Detention Center. Amount appropriated in this Act $1,066,925 $1,066,925 $0 $448,587 $0 $448,587 ($2,600,000) $46,960,470 ($2,600,000) $53,569,271 17.10. Probation Diversion Centers Purpose: 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 $11,148,337 Federal Funds and Grants $0 Other Funds $3,519,547 Other Funds Not Specifically Identified $3,519,547 State Funds $7,628,790 State General Funds $7,628,790 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $13,210,013 $16,022,874 Annualize the cost of the FY 2008 salary adjustment. $207,592 $207,592 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($68,135) ($68,135) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($68,903) ($68,903) Reflect an adjustment in the Workers' Compensation premium rate structure. $56,971 $56,971 Transfer Athens Diversion Center funds to the new Athens Day Reporting Center and for the expansion of eight additional day reporting centers. ($1,069,332) ($1,069,332) FRIDAY, APRIL 4, 2008 4483 Increase other funds ($414,544) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($172,258), for performance increases ($68,903), for special adjustments to selected job classes ($47,634), and for structure adjustments to the statewide salary plan ($10,455). Reduce department funding by 2.5% to reflect operational efficiencies. Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Correction Officer. Reduce funds to close 395 diversion center beds. Amount appropriated in this Act $0 $299,250 $706,686 $299,250 $0 $61,334 $0 $61,334 ($5,000,000) $7,628,790 ($5,000,000) $11,148,337 17.11. Probation Supervision Purpose: To supervise probationers. Total Funds $86,970,888 Federal Funds and Grants $290,000 Federal Funds Not Specifically Identified $290,000 Other Funds $159,114 Other Funds Not Specifically Identified $159,114 State Funds $86,521,774 State General Funds $86,521,774 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $82,167,745 $82,167,745 Annualize the cost of the FY 2008 salary adjustment. $1,428,838 $1,428,838 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($352,789) ($352,789) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($334,732) ($334,732) Reflect an adjustment in the Workers' Compensation premium rate structure. $362,121 $362,121 Provide funding (including residual funds from the Atlanta Day Reporting Center and the Athens $1,313,441 $1,313,441 4484 JOURNAL OF THE SENATE Diversion Center conversion) for 12 months operating for an additional eight day reporting centers within strategic communities and judicial circuits throughout the state, including 56 positions and 8 vehicles, to provide a sentencing option for low-level offenders with drug treatment needs. Transfer Athens Diversion Center funds to the new Athens Day Reporting Center and for the expansion of eight additional day reporting centers. Delete operating funds for the Atlanta Day Reporting Center to reflect the transfer to the Parole Reporting Center in the Board of Pardons and Paroles. Increase other funds ($159,114) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($836,831), for performance increases ($334,732), and for structure adjustments to the statewide salary plan ($50,788). Reduce department funding by 2.5% to reflect operational efficiencies. Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Correctional Officer. Amount appropriated in this Act $1,069,332 ($354,981) $1,069,332 ($354,981) $0 $1,222,351 $449,114 $1,222,351 $0 $448 $0 $448 $86,521,774 $86,970,888 17.12. State Prisons Purpose: To house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment. Total Funds $588,588,959 Federal Funds and Grants $4,451,007 Federal Funds Not Specifically Identified $4,451,007 Other Funds $30,388,252 Other Funds Not Specifically Identified $30,388,252 State Funds $553,749,700 State General Funds $553,749,700 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $526,810,477 $536,302,363 Annualize the cost of the FY 2008 salary $8,287,038 $8,287,038 FRIDAY, APRIL 4, 2008 adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide startup and partial year operating funds for the 256 bed fast track expansion at Coastal State Prison (two months), including 44 positions and 12 vehicles. Provide startup and partial year operating funds for the 256 bed fast track expansion at Ware State Prison (nine months), including 44 positions and 12 vehicles. Provide startup and partial year operating funds for the 256 bed fast track expansion at Hays State Prison (four months), including 44 positions and 12 vehicles. Provide 12 months operating funds for the 14-bed medical unit at Coastal State Prison, including 10 positions and 1 vehicle. Provide 12 months operating funds for the 18-bed medical unit at Autry State Prison, including 10 positions and 1 vehicle. Provide state funds for the continuation of Residential Substance Abuse Treatment (RSAT) services to replace federal RSAT funds and inmate telephone commission funds no longer available. Provide 12 months of operating funds for bed expansions at five state prisons (Dooly SP - 256 beds, Macon SP - 256 beds, Smith SP - 256 beds, Valdosta SP - 256 beds, and Wilcox SP - 192 beds). Increase federal funds ($3,160,854) and other funds ($18,128,004) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($5,281,439), for performance increases ($2,112,576), for special adjustments to selected job classes ($2,673,526), and for structure adjustments to the statewide salary plan ($320,537). ($2,121,372) $0 ($2,112,576) $1,876,911 $1,143,599 $2,438,920 $1,576,325 $555,420 $557,829 $1,284,251 ($492,839) $0 $10,388,077 4485 ($2,121,372) $0 ($2,112,576) $1,876,911 $1,374,727 $2,670,048 $1,807,453 $571,326 $573,735 $1,284,251 ($492,839) $24,622,177 $10,388,077 4486 JOURNAL OF THE SENATE Reduce one time funding to purchase equipment for inmate construction program. Reduce department funding by 2.5% to reflect operational efficiencies. Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Correctional Officer. Amount appropriated in this Act ($100,000) $0 $3,657,640 ($100,000) $0 $3,657,640 $553,749,700 $588,588,959 17.13. Transition Centers Purpose: 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 $28,698,221 Federal Funds and Grants $0 Other Funds $268,201 Other Funds Not Specifically Identified $268,201 State Funds $28,430,020 State General Funds $28,430,020 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $26,376,400 $26,376,400 Annualize the cost of the FY 2008 salary adjustment. $352,706 $352,706 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($100,409) ($100,409) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($99,847) ($99,847) Reflect an adjustment in the Workers' Compensation premium rate structure. $91,759 $91,759 Provide 12 months operating funds for the 150 bed expansion at Dublin transitional center, including 34 positions and 12 vehicles. $1,644,473 $1,875,601 Delete one-time start-up funds for Valdosta Transitional Center. ($461,460) ($461,460) Increase other funds ($37,073) to reflect projected expenditures for FY 2009. $0 $37,073 Provide for a general salary increase of 2.5% effective January 1, 2009 ($249,618), for $463,886 $463,886 FRIDAY, APRIL 4, 2008 4487 performance increases ($99,847), for special adjustments to selected job classes ($99,272), and for structure adjustments to the statewide salary plan ($15,150). Reduce department funding by 2.5% to reflect operational efficiencies. Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Correctional Officer. Amount appropriated in this Act $0 $162,512 $0 $162,512 $28,430,020 $28,698,221 Section 18: Defense, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers $40,845,683 $28,312,701 $28,312,701 $816,341 $816,341 $11,716,641 $11,716,641 $0 18.1. Administration Purpose: Provide administration to the organized militia in the State of Georgia. Total Funds $1,735,935 Federal Funds and Grants $409,445 Federal Funds Not Specifically Identified $409,445 Other Funds $0 State Funds $1,326,490 State General Funds $1,326,490 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,304,048 $1,713,493 Annualize the cost of the FY 2008 salary adjustment. $12,900 $12,900 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($4,399) ($4,399) Reduce general salary increase from 2.5% to 2%. $0 $0 4488 JOURNAL OF THE SENATE Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5 effective January 1, 2009 ($11,246), for performance increases ($4,498), and for structure adjustments to the statewide salary plan ($2,684). Amount appropriated in this Act ($4,498) $11 $18,428 ($4,498) $11 $18,428 $1,326,490 $1,735,935 18.2. Military Readiness Purpose: 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 $25,969,077 Federal Funds and Grants $20,100,133 Federal Funds Not Specifically Identified $20,100,133 Other Funds $816,341 Agency Funds $816,341 State Funds $5,052,603 State General Funds $5,052,603 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $5,176,545 $26,593,019 Annualize the cost of the FY 2008 salary adjustment. $51,871 $51,871 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($15,000) ($15,000) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($18,088) ($18,088) Reflect an adjustment in the Workers' Compensation premium rate structure. $46 $46 Provide for a general salary increase of 2.5% effective January 1, 2009 ($45,218), for performance increases ($18,088), and for structure adjustments to the statewide salary plan ($10,794). $74,100 $74,100 Delete one-time funds for armory renovations (Total funds: $1,000,000). ($500,000) ($1,000,000) Increase funding to pay for rising utility costs. $106,885 $106,885 FRIDAY, APRIL 4, 2008 4489 Provide funding to convert the Assistant Adjutant General positions for the Air and Army National Guard from part-time to full-time status. Amount appropriated in this Act $176,244 $176,244 $5,052,603 $25,969,077 18.3. Youth Educational Services Purpose: Provide educational and vocational opportunities to at-risk youth in Georgia. Total Funds $13,140,671 Federal Funds and Grants $7,803,123 Federal Funds Not Specifically Identified $7,803,123 Other Funds $0 State Funds $5,337,548 State General Funds $5,337,548 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $4,863,705 $12,666,828 Annualize the cost of the FY 2008 salary adjustment. $43,990 $43,990 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($17,688) ($17,688) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($15,339) ($15,339) Reflect an adjustment in the Workers' Compensation premium rate structure. $39 $39 Provide for a general salary increase of 2.5% effective January 1, 2009 ($38,349), for performance increases ($15,339), and for structure adjustments to the statewide salary plan ($9,153). $62,841 $62,841 Increase funds for STARBASE of Savannah. $400,000 $400,000 Amount appropriated in this Act $5,337,548 $13,140,671 Section 19: Driver Services, Department of Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds $65,635,551 $0 $2,844,040 $2,844,040 $62,791,511 4490 JOURNAL OF THE SENATE State General Funds Intra-State Government Transfers $62,791,511 $0 19.1. Customer Service Support Purpose: Administer License Issuance, Motor Vehicle Registration, and Commercial Truck Compliance. Total Funds $9,897,859 Federal Funds and Grants $0 Other Funds $500,857 Other Funds Not Specifically Identified $500,857 State Funds $9,397,002 State General Funds $9,397,002 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $9,156,848 $9,157,705 Annualize the cost of the FY 2008 salary adjustment. $79,228 $79,228 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($24,731) ($24,731) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($25,658) ($25,658) Reflect an adjustment in the Workers' Compensation premium rate structure. $17,785 $17,785 Add two positions and associated expenses to continue moving towards more secure identification cards and driver's licenses and provide timely customer service. $102,953 $102,953 Provide for a general salary increase of 2.5% effective January 1, 2009 ($64,146), for performance increases ($25,658), and for structure adjustments to the statewide salary plan ($773). $90,577 $90,577 Increase other funds to reflect projected expenditures in FY 2009. $0 $500,000 Amount appropriated in this Act $9,397,002 $9,897,859 19.2. License Issuance Purpose: Issue Georgia drivers' licenses and license renewals through alternative methods in the most cost effective and efficient manner. FRIDAY, APRIL 4, 2008 4491 Total Funds $50,798,760 Federal Funds and Grants $0 Other Funds $1,827,835 Other Funds Not Specifically Identified $1,827,835 State Funds $48,970,925 State General Funds $48,970,925 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $47,881,921 $48,087,172 Annualize the cost of the FY 2008 salary adjustment. $484,684 $484,684 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($137,812) ($137,812) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($142,980) ($142,980) Reflect an adjustment in the Workers' Compensation premium rate structure. $114,338 $114,338 Provide funding for the implementation of a minimal retest fee of $5 for those who fail the written driving test and allow DDS to retain the $50 skills test reservation fee for the Commercial Driver License applicants who miss their scheduled driving test. $0 $0 Add 42 positions and regular operating expenses to continue moving towards more secure identification cards and driver's licenses and provide timely customer service. $1,000,000 $1,000,000 Delete one-time funding for the construction of the Customer Service and CDL center in Brunswick. ($750,000) ($750,000) Delete one-time funding associated with call center agents added in FY 2008. ($24,500) ($24,500) Delete funds for the license issuance system feasibility study. ($300,000) ($300,000) Delete one-time funds for the implementation of an Electronic Document Imaging System. ($1,732,000) ($1,732,000) Provide funding for the reprogramming and updating of the driver's license issuance system to accommodate revised business requirements related to the Digitized Driver's License System. $1,083,610 $1,083,610 4492 JOURNAL OF THE SENATE Provide funding to transition the DDS Customer Contact Center to a more modern Automated Call Distribution/Citizen Relationship Management technology. $275,629 $275,629 Provide for a general salary increase of 2.5% effective January 1, 2009 ($357,448), for performance increases ($142,980), for employees in specified critical jobs ($332,192), and for structure adjustments to the statewide salary plan ($4,308). $836,928 $836,928 Increase other funds to reflect projected expenditures in FY 2009. $0 $922,584 Increase other funds to reflect projected expenditures in FY 2009. $0 $700,000 Funding for the purpose of furnishing, equipping and providing personnel services for a new DDS center in Greene County. $381,107 $381,107 Amount appropriated in this Act $48,970,925 $50,798,760 Provided, however, from the appropriation of State General Funds designated above for program 19.2. Full Service Centers, the amount of $381,107 is specifically appropriated for this purpose: "Funding for the purpose of furnishing, equipping and providing personnel services for a new DDS center in Greene County. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 19.2. Full Service Centers above may be used for this specific purpose as well. 19.3. Regulatory Compliance Purpose: 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 $4,938,932 Federal Funds and Grants $0 Other Funds $515,348 Other Funds Not Specifically Identified $515,348 State Funds $4,423,584 State General Funds $4,423,584 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $4,381,240 $4,896,588 Annualize the cost of the FY 2008 salary adjustment. $24,322 $24,322 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% ($7,693) ($7,693) FRIDAY, APRIL 4, 2008 4493 to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($19,954), for performance increases ($7,981), and for structure adjustments to the statewide salary plan ($241). Amount appropriated in this Act $0 ($7,981) $5,520 $28,176 $0 ($7,981) $5,520 $28,176 $4,423,584 $4,938,932 Section 20: Early Care and Learning, Department of Total Funds Federal Funds and Grants Child Care & Development Block Grant Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds Lottery Funds State General Funds Intra-State Government Transfers $463,708,140 $121,960,886 $210,000 $121,750,886 $155,000 $155,000 $341,592,254 $337,018,148 $4,574,106 $0 20.1. Child Care Services Purpose: 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 $8,652,023 Federal Funds and Grants $3,922,917 Child Care & Development Block Grant $210,000 Federal Funds Not Specifically Identified $3,712,917 Other Funds $155,000 Other Funds Not Specifically Identified $155,000 State Funds $4,574,106 State General Funds $4,574,106 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $4,586,483 $8,410,193 4494 JOURNAL OF THE SENATE Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Eliminate one vacant administrative position. Increase federal funds ($210,000) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($51,314), for performance increases ($20,526), and for structure adjustments to the statewide salary plan ($2,993). Amount appropriated in this Act $58,166 ($20,136) $0 ($20,526) ($58,849) ($45,865) $0 $74,833 $102,373 ($20,136) $0 ($20,526) ($58,849) ($45,865) $210,000 $74,833 $4,574,106 $8,652,023 20.2. Nutrition Purpose: To ensure that eligible children and adults receive USDA compliant meals. Total Funds $98,000,000 Federal Funds and Grants $98,000,000 Federal Funds Not Specifically Identified $98,000,000 20.3. Pre-Kindergarten Program Purpose: 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 Funds $337,685,971 Federal Funds and Grants $667,823 Federal Funds Not Specifically Identified $667,823 Other Funds $0 State Funds $337,018,148 Lottery Funds $337,018,148 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $324,857,346 $325,525,169 Annualize the cost of the FY 2008 salary $53,030 $53,030 FRIDAY, APRIL 4, 2008 4495 adjustment. Provide funds for 1,000 additional slots, bringing total enrollment to 79,000. $6,425,206 $6,425,206 Provide for a general salary increase of 2.5% effective January 1, 2009 ($34,650) and for performance increases ($13,860). $48,510 $48,510 Provide for a general salary increase of 2.5% for Pre-K teachers effective September 1, 2008. $5,607,194 $5,607,194 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($13,602) ($13,602) Redirect lottery funded .5% payraise reduction ($1,128,369) and SHBP premium adjustment ($26,862) to operating expenses. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Adjust funding for start-up ($168,000), sparsity ($50,000) portable classroom grants ($100,000), transportation ($84,045), and resource coordination ($100,000) based on projected expenditures. Delete funding for performance increases for lottery funded staff ($13,860) and reduce funding for contracts ($184,031). ($699,936) ($699,936) Use existing funds to provide $165 per student for pupil transportation. $0 $0 Provide for a 1% operations increase for public and private Pre-K providers. $726,798 $726,798 Transfer funds from SHBP employer contribution rate decrease to operations. $13,602 $13,602 Amount appropriated in this Act $337,018,148 $337,685,971 Provided, however, from the appropriation of Lottery Funds designated above for program 20.3. Pre-Kindergarten Program, the amount of $726,798 is specifically appropriated for this purpose: "Provide for a 1% operations increase for public and private Pre-K providers. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of Lottery Funds in Program 20.3. Pre-Kindergarten Program above may be used for this specific purpose as well. 20.4. Quality Initiatives Purpose: 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 $19,370,146 Federal Funds and Grants $19,370,146 4496 JOURNAL OF THE SENATE Federal Funds Not Specifically Identified $19,370,146 Section 21: Economic Development, Department of Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $43,126,916 $0 $20,244 $20,244 $43,106,672 $43,106,672 $0 21.1. Administration Purpose: To influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state. Total Funds $6,232,628 Federal Funds and Grants $0 Other Funds $0 State Funds $6,232,628 State General Funds $6,232,628 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $6,626,634 $6,626,634 Annualize the cost of the FY 2008 salary adjustment. $62,886 $62,886 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($16,898) ($16,898) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($17,413) ($17,413) Reflect an adjustment in the Workers' Compensation premium rate structure. ($22,983) ($22,983) Realign telecommunications costs to properly reflect expenditures. ($10,000) ($10,000) Realign real estate rental costs to properly reflect expenditures. ($376,506) ($376,506) Reduce funding for sponsorships, tourism advertising, and international tourism marketing. (CC:YES) ($75,000) ($75,000) FRIDAY, APRIL 4, 2008 4497 Provide for a general salary increase of 2.5% effective January 1, 2009 ($43,533), for performance increases ($17,413), and for structure adjustments to the statewide salary plan ($962). Amount appropriated in this Act $61,908 $61,908 $6,232,628 $6,232,628 21.2. Business Recruitment and Expansion Purpose: Provide assistance to local communities and to the state to recruit, retain, and expand businesses in Georgia. Total Funds $11,256,519 Federal Funds and Grants $0 Other Funds $0 State Funds $11,256,519 State General Funds $11,256,519 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $13,403,644 $13,403,644 Annualize the cost of the FY 2008 salary adjustment. $72,692 $72,692 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($29,322) ($29,322) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($30,217) ($30,217) Realign telecommunications costs to properly reflect expenditures. $5,456 $5,456 Realign real estate rental costs to properly reflect expenditures. $128,506 $128,506 Provide for a general salary increase of 2.5% effective January 1, 2009 ($75,543) and for performance increases ($30,217). $105,760 $105,760 Delete one-time funds for the renovation of Georgia Mountains Center parking deck in Gainesville. ($2,000,000) ($2,000,000) Reduce funding for international marketing. ($400,000) ($400,000) Amount appropriated in this Act $11,256,519 $11,256,519 21.3. Film, Video and Music Purpose: Increase industry awareness of Georgia business opportunities, infrastructure resources, and natural resources as they pertain to the film, video, and music industries. 4498 JOURNAL OF THE SENATE Total Funds $1,197,025 Federal Funds and Grants $0 Other Funds $0 State Funds $1,197,025 State General Funds $1,197,025 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,209,137 $1,209,137 Annualize the cost of the FY 2008 salary adjustment. $9,506 $9,506 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,463) ($2,463) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,538) ($2,538) Realign telecommunications costs to properly reflect expenditures. $2,500 $2,500 Realign real estate rental costs to properly reflect expenditures. $47,000 $47,000 Delete one-time funds for Music Hall of Fame anniversary celebration. ($75,000) ($75,000) Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,345) and for performance increases ($2,538). $8,883 $8,883 Amount appropriated in this Act $1,197,025 $1,197,025 21.4. Innovation and Technology Purpose: Provide leadership in the recruitment, growth, and marketing of the bioscience and technology industry in Georgia. Total Funds $1,932,504 Federal Funds and Grants $0 Other Funds $0 State Funds $1,932,504 State General Funds $1,932,504 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, APRIL 4, 2008 4499 Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Realign telecommunications costs to properly reflect expenditures. Realign real estate rental costs to properly reflect expenditures. Delete one-time funds for micro-enterprise loans. Provide funding for sponsorship of the BIO 2009 international conference in Atlanta. Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,191) and for performance increases ($2,477). Provide funding to Herty Advanced Materials Development Center for operating expenses. Amount appropriated in this Act State Funds $1,710,270 $8,946 ($2,403) Total Funds $1,710,270 $8,946 ($2,403) $0 ($2,477) ($17,500) $27,000 $0 $0 $8,668 $0 ($2,477) ($17,500) $27,000 $0 $0 $8,668 $200,000 $1,932,504 $200,000 $1,932,504 21.5. International Relations and Trade Purpose: Provide international trade opportunities through exports, executive leadership for international relations, and promote Georgia products and companies to other nations. Total Funds $2,440,966 Federal Funds and Grants $0 Other Funds $0 State Funds $2,440,966 State General Funds $2,440,966 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,358,416 $2,358,416 Annualize the cost of the FY 2008 salary adjustment. $15,287 $15,287 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% ($4,152) ($4,152) 4500 JOURNAL OF THE SENATE to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Realign telecommunications costs to properly reflect expenditures. Realign real estate rental costs to properly reflect expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($10,697) and for performance increases ($4,279). Amount appropriated in this Act $0 ($4,279) ($13,282) $74,000 $14,976 $2,440,966 $0 ($4,279) ($13,282) $74,000 $14,976 $2,440,966 21.6. Small and Minority Business Development Purpose: Provide guidance and support to agencies in maximizing access to state business opportunities for small and minority businesses. Total Funds $979,148 Federal Funds and Grants $0 Other Funds $20,244 Other Funds Not Specifically Identified $20,244 State Funds $958,904 State General Funds $958,904 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $942,780 $963,024 Annualize the cost of the FY 2008 salary adjustment. $11,899 $11,899 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($3,251) ($3,251) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,350) ($3,350) Realign telecommunications costs to properly reflect expenditures. ($900) ($900) Provide for a general salary increase of 2.5% effective January 1, 2009 ($8,376) and for performance increases ($3,350). $11,726 $11,726 Amount appropriated in this Act $958,904 $979,148 FRIDAY, APRIL 4, 2008 4501 21.7. Tourism Purpose: Provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. Total Funds $16,985,178 Federal Funds and Grants $0 Other Funds $0 State Funds $16,985,178 State General Funds $16,985,178 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $21,129,409 $21,129,409 Annualize the cost of the FY 2008 salary adjustment. $64,540 $64,540 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($18,083) ($18,083) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($18,635) ($18,635) Realign telecommunications costs to properly reflect expenditures. $33,726 $33,726 Realign real estate rental costs to properly reflect expenditures. $100,000 $100,000 Delete one-time funds for Tour de Georgia ($400,000), Warner Robins Air Force Base Museum ($100,000), Washington-Wilkes Visitor Information Center ($2,500), Civil War Trails ($200,000), National Infantry Museum and Cobb Energy Performing Arts Center ($7,500,000), and Zoo Atlanta hospital renovation ($100,000). ($8,075,000) ($8,075,000) Provide for a general salary increase of 2.5% effective January 1, 2009 ($46,586) and for performance increases ($18,635). $65,221 $65,221 Reduce funding for sponsorships, tourism advertising, and international tourism marketing. $0 $0 Provide funding for the Historic Chattahoochee Commission. $25,000 $25,000 Provide funding for the development of a five year business plan for the Georgia Tourism Foundation. $125,000 $125,000 Provide funding for the restoration of Augusta's $150,000 $150,000 4502 JOURNAL OF THE SENATE historic Powder Works chimney. Provide funding for the Veteran's Wall of Honor. Provide funding to the National Infantry Museum. Provide funding to the Georgia International and Maritime Trade Center Authority to perform an economic impact and environmental improvement study. Provide funding for the Statesboro and Woodstock Convention and Visitors Bureau. Amount appropriated in this Act $150,000 $3,000,000 $250,000 $150,000 $3,000,000 $250,000 $4,000 $16,985,178 $4,000 $16,985,178 Provided, however, from the appropriation of State General Funds designated above for program 21.7. Tourism, the amount of $125,000 is specifically appropriated for this purpose: "Provide funding for the development of a five year business plan for the Georgia Tourism Foundation". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 21.7. Tourism above may be used for this specific purpose as well. Provided, however, from the appropriation of State General Funds designated above for program 21.7. Tourism, the amount of $150,000 is specifically appropriated for this purpose: "Provide funding for the restoration of Augusta's historic Powder Works chimney". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 21.7. Tourism above may be used for this specific purpose as well. Provided, however, from the appropriation of State General Funds designated above for program 21.7. Tourism, the amount of $150,000 is specifically appropriated for this purpose: "Provide funding for the Veteran's Wall of Honor". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 21.7. Tourism above may be used for this specific purpose as well. Provided, however, from the appropriation of State General Funds designated above for program 21.7. Tourism, the amount of $3,000,000 is specifically appropriated for this purpose: "Provide funding to the National Infantry Museum". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 21.7. Tourism above may be used for this specific purpose as well. Provided, however, from the appropriation of State General Funds designated above for program 21.7. Tourism, Marketing and Promotion, the amount of $250,000 is specifically appropriated for this purpose: "Provide funding to the Georgia International and Maritime Trade Center Authority to perform an economic impact and environmental improvement study. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 21.7. Tourism, Marketing and Promotion above may be used for this specific purpose as well. Provided, however, from the appropriation of State General Funds designated above for program 21.7. Tourism, the amount of $4,000 is specifically appropriated for this purpose: "Provide funding for the Statesboro and Woodstock Convention and Visitors Bureau". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 21.7. Tourism above may be used for this specific purpose as well. FRIDAY, APRIL 4, 2008 4503 The following appropriations are for agencies attached for administrative purposes. 21.8. Payments to Aviation Hall of Fame Authority Purpose: Provide operating funds for the Aviation Hall of Fame. Total Funds $50,000 Federal Funds and Grants $0 Other Funds $0 State Funds $50,000 State General Funds $50,000 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $50,000 $50,000 Reduce funding to the Aviation Hall of Fame Authority. (CC:Authority to become self-sufficient by FY 2010.) $0 $0 Amount appropriated in this Act $50,000 $50,000 21.9. Payments to Georgia Golf Hall of Fame Authority Purpose: Provide operating funds for the Golf Hall of Fame. Total Funds $110,000 Federal Funds and Grants $0 Other Funds $0 State Funds $110,000 State General Funds $110,000 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $0 Provide funds to operationalize the new strategic plan. (CC: Authority to become self-sufficient by FY 2010.) $110,000 $110,000 Amount appropriated in this Act $110,000 $110,000 21.10. Payments to Georgia Medical Center Authority Purpose: Provide funds for the Georgia Medical Center Authority. Total Funds $414,189 4504 JOURNAL OF THE SENATE Federal Funds and Grants $0 Other Funds $0 State Funds $414,189 State General Funds $414,189 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $408,712 $408,712 Annualize the cost of the FY 2008 salary adjustment. $3,712 $3,712 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,136) ($1,136) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,161) ($1,161) Provide for a general salary increase of 2.5% effective January 1, 2009 ($2,901) and for performance increases ($1,161). $4,062 $4,062 Amount appropriated in this Act $414,189 $414,189 21.12. Payments to Georgia Music Hall of Fame Authority Purpose: Provide operating funds for the Georgia Music Hall of Fame. Total Funds $826,790 Federal Funds and Grants $0 Other Funds $0 State Funds $826,790 State General Funds $826,790 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $840,466 $840,466 Annualize the cost of the FY 2008 salary adjustment. $6,815 $6,815 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,562) ($2,562) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,829) ($2,829) FRIDAY, APRIL 4, 2008 4505 Provide for a general salary increase of 2.5% effective January 1, 2009 ($7,071) and for performance increases ($2,829). Reduce funding to the Georgia Music Hall of Fame Authority. (CC: Authority to become self-sufficient by FY 2012.) Provide funding for The Big House ($100,000) and induction ceremony ($150,000). Amount appropriated in this Act $9,900 ($150,000) $125,000 $826,790 $9,900 ($150,000) $125,000 $826,790 21.13. Payments to Georgia Sports Hall of Fame Authority Purpose: Provide operating funds to the Georgia Sports Hall of Fame. Total Funds $651,969 Federal Funds and Grants $0 Other Funds $0 State Funds $651,969 State General Funds $651,969 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $793,344 $793,344 Annualize the cost of the FY 2008 salary adjustment. $6,420 $6,420 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,755) ($1,755) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($4,041) ($4,041) Provide for a general salary increase of 2.5% effective January 1, 2009 ($5,715) and for performance increases ($2,286). $8,001 $8,001 Reduce funding to the Georgia Sports Hall of Fame. (CC: Authority to become self-sufficient by FY 2013.) ($150,000) ($150,000) Amount appropriated in this Act $651,969 $651,969 21.14. Civil War Commission Purpose: Coordinate planning, preservation, and promotion of structures, buildings, sites, and battlefields associated with the Civil War, and acquire or provide funds for the acquisition of Civil War battlefields, cemeteries and other historic properties associated with 4506 JOURNAL OF THE SENATE the Civil War. Total Funds $50,000 Federal Funds and Grants $0 Other Funds $0 State Funds $50,000 State General Funds $50,000 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $50,000 $50,000 Reduce funding to the Civil War Commission. $0 $0 Amount appropriated in this Act $50,000 $50,000 Section 22: Education, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $9,854,545,621 $1,631,199,767 $1,631,199,767 $26,848,083 $26,848,083 $8,196,497,771 $8,196,497,771 $0 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,698.46. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. 22.1. Academic Coach Purpose: Provide certificated public school teachers who exhibit excellence in the classroom with salary supplements or bonuses in exchange for mentoring other public school teachers and provide mentors to work with teachers of identified schools who are in need of improvement in the areas of science and math. Total Funds $5,244,353 Federal Funds and Grants $0 Other Funds $0 State Funds $5,244,353 State General Funds $5,244,353 Intra-State Government Transfers $0 FRIDAY, APRIL 4, 2008 4507 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $5,705,944 $5,705,944 Annualize the cost of the FY 2008 salary adjustment. $23,634 $23,634 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($7,303) ($7,303) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($10,904) ($10,904) Reduce contractual services obligation in the Teacher Success program. ($342,500) ($342,500) Create a new Mentor Teacher program by redirecting funds from the High Performing Principal program. $200,000 $200,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($27,261) and for performance increases ($10,904). $38,165 $38,165 Remove start-up funding for program administration in the Academic Coach subprogram. ($300,000) ($300,000) Adjust funding for Academic Coaches based on projected expenditures and redirect funding to math mentors. ($400,000) ($400,000) Provide for 11 Math Mentor positions by redirecting funding from the Academic Coach subprogram ($400,000), contracts in the Teacher Success subprogram ($42,500), contracts in Dropout Prevention ($750,000), contracts in Central Office ($100,817) and contracts in School Improvement ($44,000). $1,337,317 $1,337,317 Reduce funds from the under-utilized Academic Coach activity. ($1,000,000) ($1,000,000) Amount appropriated in this Act $5,244,353 $5,244,353 22.2. Agricultural Education Purpose: 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 $12,652,201 Federal Funds and Grants $126,577 Federal Funds Not Specifically Identified $126,577 Other Funds $3,540,002 4508 JOURNAL OF THE SENATE Other Funds Not Specifically Identified $3,540,002 State Funds $8,985,622 State General Funds $8,985,622 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $9,568,762 $10,145,339 Annualize the cost of the FY 2008 salary adjustment. $43,646 $43,646 Reduce general salary increase from 2.5% to 2%. $0 $0 Increase other funds ($3,090,002) to reflect projected expenditures for FY 2009. $0 $3,090,002 Remove one-time funding provided for the engineering and installation of a sewage treatment facility at the Future Farmers of America (FFA) camp in Covington. ($912,000) ($912,000) Redirect funds provided for the Food Processing Centers to the new Math Mentor program. ($56,056) ($56,056) Provide for a general salary increase of 2.5% effective September 1, 2008. $191,270 $191,270 Increase funds for one new Young Farmer position in Screven County. (CC:Provide two positions in Floyd and Screven.) $150,000 $150,000 Amount appropriated in this Act $8,985,622 $12,652,201 22.3. Central Office Purpose: Act as a service oriented agency supporting local school districts. Total Funds $102,653,284 Federal Funds and Grants $53,696,847 Federal Funds Not Specifically Identified $53,696,847 Other Funds $7,832,201 Other Funds Not Specifically Identified $7,832,201 State Funds $41,124,236 State General Funds $41,124,236 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $41,552,152 $86,632,010 FRIDAY, APRIL 4, 2008 4509 Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Increase other funds ($933,176) to reflect projected expenditures in FY 2009. Redirect funds in the Central Office Program in the administration area to the new Math Mentor program. Redirect funds in the Central Office Program in the administration area to the new Math Mentor program. Reduce funding for teacher liability premiums based on projected expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($359,204), performance increases ($143,682), and for structure adjustments to the statewide salary plan ($75,907). Redirect contract funding from the accounting handbook revision ($5,675), GPS revision ($41,194), and curriculum guides ($58,578) to the Academic Coach program for Math Mentors. Establish a local school board training function and 1 position within the Department by redirecting funding from contracts for school board training ($92,500), superintendent materials ($9,700) and local e-board solutions ($57,500). Increase federal funds ($15,516,014) to reflect projected expenditures in FY 2009. Amount appropriated in this Act $282,682 ($96,225) $0 $0 ($143,682) ($82,037) $0 ($159,284) ($102,716) ($600,000) $578,793 $282,682 ($96,225) $0 $0 ($143,682) ($82,037) $933,176 ($159,284) ($102,716) ($600,000) $578,793 ($105,447) ($105,447) $0 $0 $0 $41,124,236 $15,516,014 $102,653,284 22.4. Charter Schools Purpose: The purpose of this appropriation is to support and encourage development and approval of charter public schools as one part of Georgia's overall school improvement strategy, provided that at least $600,000 of this appropriation is designated to fund facilities for State Chartered Special Schools and $625,000 is designated for implementation grants for 4510 JOURNAL OF THE SENATE Charter Systems. Total Funds $10,845,884 Federal Funds and Grants $7,365,691 Federal Funds Not Specifically Identified $7,365,691 Other Funds $0 State Funds $3,480,193 State General Funds $3,480,193 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,220,193 $9,949,904 Reduce general salary increase from 2.5% to 2%. $0 $0 Provide funding to serve 2,265 students through the state's virtual charter school. $6,373,221 $6,373,221 Provide for a general salary increase of 2.5% effective September 1, 2008. $124,365 $124,365 Redirect funds for the GA Virtual Academy to the QBE program and provide full QBE formula funding. ($6,497,586) ($6,497,586) Provide start-up funds for the Georgia Charter School Commission. (CC:Provide one-time funding.) $260,000 $260,000 Increase fund to reflect projected revenue receipts. $0 $635,980 Amount appropriated in this Act $3,480,193 $10,845,884 22.5. Communities in Schools Purpose: Operate alternative education programs throughout the state, bringing community resources into schools to help students stay in school and prepare for life. Total Funds $1,320,623 Federal Funds and Grants $0 Other Funds $0 State Funds $1,320,623 State General Funds $1,320,623 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,445,623 $2,445,623 Delete one-time funding of $175,000 for five new ($175,000) ($175,000) FRIDAY, APRIL 4, 2008 4511 Communities in Schools local affiliate programs. Redirect $750,000 of existing funds to fund 3 new PLCs. Delete $200,000 of the $450,000 for operating funds for five new Performance Learning Centers (PLC) funded in FY 2007. Amount appropriated in this Act ($750,000) ($200,000) $1,320,623 ($750,000) ($200,000) $1,320,623 22.6. Curriculum Development Purpose: Provide a world-class curriculum that will drive both instruction and assessment for Georgia's teachers and students. Total Funds $1,574,833 Federal Funds and Grants $0 Other Funds $0 State Funds $1,574,833 State General Funds $1,574,833 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,274,833 $2,274,833 Reduce funding for Georgia Performance Standards online video clips. ($500,000) ($500,000) Reduce funding for curriculum development in Georgia Performance Standards. ($200,000) ($200,000) Amount appropriated in this Act $1,574,833 $1,574,833 22.7. Dropout Prevention Purpose: Reduce dropout rates for Georgia students. Total Funds $53,174,636 Federal Funds and Grants $0 Other Funds $0 State Funds $53,174,636 State General Funds $53,174,636 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $45,452,845 $45,452,845 Annualize the cost of the FY 2008 salary $223,028 $223,028 4512 JOURNAL OF THE SENATE adjustment. Reduce general salary increase from 2.5% to 2%. Adjust funds for training and experience for middle and high school graduation coaches, and add funds for graduation coaches at 14 new middle and high schools. Provide funding for a Very Important Parent (VIP) Recruiter for at-risk elementary, middle, and high schools. Provide for a general salary increase of 2.5% effective September 1, 2008. Provide only 1 graduation coach per combination middle/high school. Local school systems shall allocate graduation coaches among middle and high schools with the highest priority given to serving the greatest number of students at risk of dropping out. Remove start-up funding for training and operations for the Graduation Coach subprogram. Remove one-time start-up funds for 9 JROTC programs created in FY08. Redirect contract funds for an online tutorial program to the Academic Coach program to fund Math Mentors. Amount appropriated in this Act $0 $10,238,722 $0 $10,238,722 $0 $0 $1,202,609 ($2,435,901) $1,202,609 ($2,435,901) ($216,667) ($540,000) ($750,000) ($216,667) ($540,000) ($750,000) $53,174,636 $53,174,636 22.8. Equalization Purpose: 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 $548,529,543 Federal Funds and Grants $0 Other Funds $0 State Funds $548,529,543 State General Funds $548,529,543 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $458,323,816 $458,323,816 Provide for an increase in Equalization Grants. $79,496,560 $79,496,560 Provide additional funding for Equalization grants to $10,709,167 $10,709,167 FRIDAY, APRIL 4, 2008 4513 narrow the gap (per pupil resources and spending) between school systems - avoiding a funding shortfall in Fiscal Year 2009 and ensuring compliance with O.C.G.A. 20-2-165. (CC:YES) Amount appropriated in this Act $548,529,543 $548,529,543 22.9. Federal Programs Purpose: Coordinate federally funded programs and allocate federal funds to school systems. Total Funds $1,024,026,289 Federal Funds and Grants $1,024,026,289 Federal Funds Not Specifically Identified $1,024,026,289 Other Funds $0 State Funds $0 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $817,561,039 Increase federal funds ($206,465,250) to reflect projected expenditures for FY 2009. $0 $206,465,250 Amount appropriated in this Act $0 $1,024,026,289 22.10. Foreign Language Purpose: Provide funds to schools for foreign language instruction. Total Funds $384,375 Federal Funds and Grants $0 Other Funds $0 State Funds $384,375 State General Funds $384,375 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,590,857 $1,590,857 Redirect funding from the pilot elementary foreign language program to QBE to increase funding for media materials from $15.31 to $17.55 per FTE for grades K-5 and provide foreign language materials for elementary students statewide. (CC:Redirect funding for the elementary foreign language ($1,590,857) ($1,590,857) 4514 JOURNAL OF THE SENATE program into the QBE austerity reduction, rather than into QBE media materials.) Increase funds to provide virtual foreign language instruction to 1,250 elementary students enrolled at the Georgia Virtual Academy. Amount appropriated in this Act $384,375 $384,375 $384,375 $384,375 22.11. Georgia Learning Resources System (GLRS) Purpose: Provide training and resources to educators and parents of students with disabilities through a network of 17 centers around the state. Total Funds $8,351,576 Federal Funds and Grants $8,351,576 Federal Funds Not Specifically Identified $8,351,576 Other Funds $0 State Funds $0 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $7,367,573 Increase federal funds ($984,003) to reflect projected expenditures for FY 2009. $0 $984,003 Amount appropriated in this Act $0 $8,351,576 22.12. Georgia Virtual School Purpose: 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 $4,845,575 Federal Funds and Grants $0 Other Funds $722,213 Other Funds Not Specifically Identified $722,213 State Funds $4,123,362 State General Funds $4,123,362 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,198,878 $2,198,878 Annualize the cost of the FY 2008 salary adjustment. $6,111 $6,111 FRIDAY, APRIL 4, 2008 4515 Reduce general salary increase from 2.5% to 2%. Provide funding for a total of 6,000 courses. (CC:Provide funding for 6,500 courses.) Increase other funds ($722,213) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective September 1, 2008. Amount appropriated in this Act $0 $1,831,870 $0 $86,503 $4,123,362 $0 $1,831,870 $722,213 $86,503 $4,845,575 22.13. Georgia Youth Science and Technology Purpose: Increase interest and enthusiasm in science and the technologies, particularly among elementary and middle school teachers and students. Total Funds $250,000 Federal Funds and Grants $0 Other Funds $0 State Funds $250,000 State General Funds $250,000 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $500,000 $500,000 Eliminate funding for the Georgia Youth and Science Technology Center. (CC:Redirect $250,000 from GYSTC to the QBE austerity reduction.) ($250,000) ($250,000) Amount appropriated in this Act $250,000 $250,000 22.14. Governor's Honors Program Purpose: 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 $1,443,893 Federal Funds and Grants $0 Other Funds $0 State Funds $1,443,893 State General Funds $1,443,893 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 4516 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($7,483) and for performance increases ($2,993). Amount appropriated in this Act State Funds $1,430,824 $7,591 ($2,005) Total Funds $1,430,824 $7,591 ($2,005) $0 ($2,993) $10,476 $0 ($2,993) $10,476 $1,443,893 $1,443,893 22.15. Information Technology Services Purpose: Collect and report accurate data through the development and maintenance of webenabled applications. Total Funds $7,217,319 Federal Funds and Grants $0 Other Funds $0 State Funds $7,217,319 State General Funds $7,217,319 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $7,417,319 $7,417,319 Reduce funding for the Education Technology Training Centers (ETTCs). ($200,000) ($200,000) Amount appropriated in this Act $7,217,319 $7,217,319 22.16. Local Five Mill Share Purpose: Required local effort based on five mills of tax on the equalized adjusted property tax digest. Total Funds ($1,690,849,786) Federal Funds and Grants $0 Other Funds $0 State Funds ($1,690,849,786) State General Funds ($1,690,849,786) Intra-State Government Transfers $0 FRIDAY, APRIL 4, 2008 4517 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) ($1,543,476,487) ($1,543,476,487) Increase funds for Local Five Mill Share. ($147,373,299) ($147,373,299) Amount appropriated in this Act ($1,690,849,786) ($1,690,849,786) 22.17. National Board Certification Purpose: 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 $12,294,628 Federal Funds and Grants $0 Other Funds $0 State Funds $12,294,628 State General Funds $12,294,628 Intra-State Government Transfers $0 22.18. National Science Center and Foundation Purpose: Ignite and promote students' interest in Mathematics and Sciences, develop new ways to use technology in teaching and deploy those methods in our schools. Total Funds $750,000 Federal Funds and Grants $0 Other Funds $0 State Funds $750,000 State General Funds $750,000 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,416,750 $1,416,750 Redirect funding from the National Science Center and Foundation to the QBE program to provide comprehensive staff development training to teachers statewide. (CC:Provide $750,000.) ($666,750) ($666,750) Amount appropriated in this Act $750,000 $750,000 22.19. Non-Quality Basic Education Grants Purpose: Provide grants for purchasing cards for classroom supplies, to fund children in residential education facilities, to compensate high performance principals, to fund migrant 4518 JOURNAL OF THE SENATE education, sparsity, and low incidence special education, and provide grants for one-time projects for local education boards. Total Funds $28,625,373 Federal Funds and Grants $0 Other Funds $0 State Funds $28,625,373 State General Funds $28,625,373 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $25,638,421 $25,638,421 Remove one-time funds provided for the Regional Agriculture Center for the Toombs County Board of Education. ($1,200,000) ($1,200,000) Increase funds for classroom cards for new teachers and media centers. $260,226 $260,226 Redirect funding for summer remediation grants to the QBE formula to increase funding for additional instruction. (CC:Redirect funding from the summer remediation grants into the QBE austerity reduction, rather than into QBE Additional Instruction.) ($1,400,000) ($1,400,000) Redirect funding from the High Performance Principal program to a new Mentor Teacher program. ($330,000) ($330,000) Provide funding for the Georgia Special Needs Scholarship. $5,656,726 $5,656,726 Amount appropriated in this Act $28,625,373 $28,625,373 22.20. Nutrition Purpose: 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 $508,712,754 Federal Funds and Grants $468,889,537 Federal Funds Not Specifically Identified $468,889,537 Other Funds $0 State Funds $39,823,217 State General Funds $39,823,217 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, APRIL 4, 2008 4519 Amount from prior Appropriation Act (HB 95) Reduce general salary increase from 2.5% to 2%. Increase Federal funds ($280,513,815) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective July 1, 2008. Amount appropriated in this Act State Funds $38,744,387 $0 $0 $1,078,830 $39,823,217 Total Funds $227,120,109 $0 $280,513,815 $1,078,830 $508,712,754 22.21. Preschool Handicapped Purpose: Provide early intervention so students with disabilities will enter school with the skills to succeed. Total Funds $30,358,072 Federal Funds and Grants $0 Other Funds $0 State Funds $30,358,072 State General Funds $30,358,072 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $29,135,155 $29,135,155 Annualize the cost of the FY 2008 salary adjustment. $181,205 $181,205 Reduce general salary increase from 2.5% to 2%. $0 $0 Add funds to the Preschool Handicapped program based on enrollment increases. $457,613 $457,613 Provide for a general salary increase of 2.5% effective September 1, 2008. $584,099 $584,099 Amount appropriated in this Act $30,358,072 $30,358,072 22.22. Pupil Transportation Purpose: 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 $170,943,051 Federal Funds and Grants $0 Other Funds $0 State Funds $170,943,051 State General Funds $170,943,051 Intra-State Government Transfers $0 4520 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 95) $168,868,769 $168,868,769 Reduce general salary increase from 2.5% to 2%. $0 $0 Provide for a general salary increase of 2.5% effective July 1, 2008. $2,074,282 $2,074,282 Amount appropriated in this Act $170,943,051 $170,943,051 22.23. Quality Basic Education Program Purpose: Provide funds to school systems for the instruction of students in grades K-12 to ensure that Georgia's K-12 students are academically prepared for further education and the workplace. Total Funds $8,480,835,299 Federal Funds and Grants $0 Other Funds $0 State Funds $8,480,835,299 State General Funds $8,480,835,299 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $8,017,517,757 $8,017,517,757 Annualize the cost of the FY 2008 salary adjustment. $36,135,624 $36,135,624 Reduce general salary increase from 2.5% to 2%. $0 $0 Increase funds for QBE enrollment growth of 1.09% ($75,733,394) and for training and experience ($135,036,855). $210,770,249 $210,770,249 Redirect funding from summer remediation grants to the QBE formula to increase the funding for additional instruction. $0 $0 Redirect funding for the National Science Center and Foundation to the QBE program to provide comprehensive staff development training to teachers statewide. $0 $0 Redirect funding from the pilot elementary foreign language program to QBE to increase funding for media materials from $15.31 to $17.55 per FTE for grades K-5 and provide foreign language materials for elementary students statewide. $0 $0 FRIDAY, APRIL 4, 2008 4521 Provide for a general increase of 2.5% to the state base salary schedule for the State Board of Education effective September 1, 2008. This proposed 2.5% 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. Redirect funds for the GA Virtual Academy from the Charter Schools program ($6,472,713) to the QBE program and add additional funds ($895,368) to provide full QBE formula funding. Provide $90,000,000 to restore austerity reductions by redirecting funds from the National Science Center and Foundation ($916,750), the Foreign Language Program ($1,590,857), Georgia Youth Science and Technology Centers ($500,000) and Summer Remediation Grants ($1,400,000) and by adding additional funding ($85,092,393). (CC:Provide $50,000,000 to restore austerity reductions by redirecting funds from the National Science Center and Foundation ($666,750), the Foreign Language Program ($1,590,857), Georgia Youth Science and Technology Centers ($250,000) and Summer Remediation Grants ($1,400,000) and by adding additional funding ($46,092,393). ) Amount appropriated in this Act $159,018,715 $159,018,715 $7,392,954 $7,392,954 $50,000,000 $50,000,000 $8,480,835,299 $8,480,835,299 22.24. Regional Education Service Agencies (RESAs) Purpose: Provide Georgia's 16 Regional Educational Service Agencies with shared services to improve the effectiveness of educational programs and services to local school systems. Total Funds $12,408,840 Federal Funds and Grants $0 Other Funds $0 State Funds $12,408,840 State General Funds $12,408,840 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $12,458,083 $12,458,083 Annualize the cost of the FY 2008 salary adjustment. $60,089 $60,089 Reduce general salary increase from 2.5% to 2%. $0 $0 4522 JOURNAL OF THE SENATE Reduce operational funds for the RESA program. Provide for a general salary increase of 2.5% effective September 1, 2008. Transfer funds for 1 position and operating expenses for FCCLA from the Southwest Georgia RESA to the Tech/Career Program. Amount appropriated in this Act ($125,000) $179,668 ($164,000) ($125,000) $179,668 ($164,000) $12,408,840 $12,408,840 22.25. School Improvement Purpose: 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 Funds $10,291,533 Federal Funds and Grants $0 Other Funds $100,000 Other Funds Not Specifically Identified $100,000 State Funds $10,191,533 State General Funds $10,191,533 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $11,212,332 $11,312,332 Annualize the cost of the FY 2008 salary adjustment. $132,611 $132,611 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($37,659) ($37,659) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($56,233) ($56,233) Redirect operational funds from the School Improvement program to the new Math Mentor program. ($1,212,332) ($1,212,332) Provide for a general salary increase of 2.5% effective January 1, 2009 ($140,581) and for performance increases ($56,233). $196,814 $196,814 Reduce contract funding for video development ($40,000), GAPSS survey ($2,000) and CESA Data Retreat ($2,000) and redirect funding to the Academic Coach program for Math Mentors. ($44,000) ($44,000) FRIDAY, APRIL 4, 2008 4523 Amount appropriated in this Act $10,191,533 $10,291,533 22.26. School Nurses Purpose: 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 State General Funds $30,000,000 22.27. Severely Emotionally Disturbed (SED) Purpose: Provide statewide services to parents and educators of students with disabilities. Total Funds $84,205,733 Federal Funds and Grants $13,359,858 Federal Funds Not Specifically Identified $13,359,858 Other Funds $0 State Funds $70,845,875 State General Funds $70,845,875 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $67,834,466 $81,194,324 Annualize the cost of the FY 2008 salary adjustment. $290,340 $290,340 Reduce general salary increase from 2.5% to 2%. $0 $0 Provide for a general salary increase of 2.5% effective September 1, 2008. $1,239,488 $1,239,488 Provide funds for the FY 2008 pay raises and other FY 2008 statewide budget changes for state funded positions. $1,481,581 $1,481,581 Amount appropriated in this Act $70,845,875 $84,205,733 22.28. State Interagency Transfers Purpose: Provide health insurance to retired teachers and non-certified personnel and to pass through funding via a contract. Total Funds $276,907,097 Federal Funds and Grants $19,445,076 Federal Funds Not Specifically Identified $19,445,076 Other Funds $0 4524 JOURNAL OF THE SENATE State Funds $257,462,021 State General Funds $257,462,021 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $288,275,151 $307,163,848 Reduce funds in the interagency transfer grant based on projected expenditures and redirect funds ($467,612) to the new Math Mentor program. ($467,660) ($467,660) Increase federal funds ($556,379) to reflect projected expenditures for FY 2009. $0 $556,379 Reduce funding for health insurance to reflect advanced payment in HB 989. ($30,345,470) ($30,345,470) Amount appropriated in this Act $257,462,021 $276,907,097 22.29. State Schools Purpose: 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 $25,007,008 Federal Funds and Grants $0 Other Funds $1,649,199 Other Funds Not Specifically Identified $1,649,199 State Funds $23,357,809 State General Funds $23,357,809 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $22,699,506 $23,632,221 Annualize the cost of the FY 2008 salary adjustment. $89,204 $89,204 Reduce general salary increase from 2.5% to 2%. $0 $0 Provide funding for textbooks. $119,165 $119,165 Adjust funding to properly reflect training and experience. $184,589 $184,589 Increase other funds ($716,484) to reflect projected expenditures for FY 2009. $0 $716,484 Provide for a general salary increase of 2.5% $265,345 $265,345 FRIDAY, APRIL 4, 2008 4525 effective September 1, 2008. Amount appropriated in this Act $23,357,809 $25,007,008 22.30. Technology/Career Education Purpose: Equip students with academic, technical and leadership skills. Total Funds $52,975,212 Federal Funds and Grants $22,273,772 Federal Funds Not Specifically Identified $22,273,772 Other Funds $13,004,468 Other Funds Not Specifically Identified $13,004,468 State Funds $17,696,972 State General Funds $17,696,972 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $16,377,965 $40,994,078 Annualize the cost of the FY 2008 salary adjustment. $47,627 $47,627 Reduce general salary increase from 2.5% to 2%. $0 $0 Increase federal funds ($1,667,226) and other funds ($8,994,901) to reflect projected expenditures for FY 2009. $0 $10,662,127 Provide for a general salary increase of 2.5% effective September 1, 2008. $207,380 $207,380 Transfer funds for position and operating expenses for FCCLA from the RESAs to the Tech/Career Program. $164,000 $164,000 Provide funds for the Classroom Technology initiative. $900,000 $900,000 Amount appropriated in this Act $17,696,972 $52,975,212 Provided, however, from the appropriation of State General Funds designated above for program 23.30. Technology/Career Education, the amount of $900,000 is specifically appropriated for this purpose: "Provide funds for the Classroom Technology initiative". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 23.30. Technology/Career Education above may be used for this specific purpose as well. 22.31. Testing Purpose: Adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program. 4526 JOURNAL OF THE SENATE Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds State Funds State General Funds Intra-State Government Transfers $36,907,564 $13,664,544 $13,664,544 $0 $23,243,020 $23,243,020 $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $24,643,020 $35,097,211 Increase federal funds ($3,210,353) to reflect projected expenditures for FY 2009. $0 $3,210,353 Provide ongoing funding for the printing, distribution and scoring of the English Language Learners assessment. $650,000 $650,000 Eliminate funding for the Web-based Accountability project. ($800,000) ($800,000) Adjust funding for ACT/SAT waivers based on projected participation. (CC:Eliminate the ACT/SAT waiver.) ($1,250,000) ($1,250,000) Use $354,075 in state funds to provide Advanced Placement Exams for private school students on the same basis as public school students. (CC:YES) $0 $0 Amount appropriated in this Act $23,243,020 $36,907,564 Provided, however, from the appropriation of State General Funds designated above for program 22.31. State Mandated, the amount of $0 is specifically appropriated for this purpose: "Use $354,075 in state funds to provide Advanced Placment Exams for private school students on the same basis as public school students. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 22.31. State Mandated above may be use used for this specific purpose as well. (CC:YES) 22.32. Tuition for the Multi-Handicapped Purpose: 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 FRIDAY, APRIL 4, 2008 4527 Section 23: Employees' Retirement System Total Funds Federal Funds and Grants Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers Retirement Payments Other Intra-State Government Payments $25,175,095 $0 $2,601,045 $2,601,045 $7,151,826 $7,151,826 $15,422,224 $15,333,735 $88,489 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 2009. It is the intent of the General Assembly that the employer contribution for Public School Employees' Retirement System shall not exceed $40.82 per member for State Fiscal Year 2009. 23.1. System Administration Purpose: Collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. Total Funds $15,133,493 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $15,133,493 Retirement Payments $15,046,869 Other Intra-State Government Payments $86,624 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 95) $0 $17,960,151 Reduce general salary increase from 2.5% to 2%. $0 $0 Reduce funding in contractual services to reflect the completion of the Pension and Retirement Information System (PARIS) (Other Funds: $2,958,135). $0 ($2,958,135) Annualize the cost of the FY 2008 salary adjustment (Other Funds: $65,552). $0 $65,552 Reflect an adjustment in the Workers' Compensation premium rate structure (Other Funds: $13,283). $0 $13,283 4528 JOURNAL OF THE SENATE Provide for a general salary increase of 2.5% effective January 1, 2009, (Other Funds: $84,955) and for performance increases (Other Funds: $33,982). Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%(Other Funds: $63,815). Delete funding for performance increase. Amount appropriated in this Act $0 $118,937 $0 ($32,313) $0 ($33,982) $0 $15,133,493 23.2. Deferred Compensation Purpose: 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 $2,602,276 Federal Funds and Grants $0 Other Funds $2,601,045 Agency Funds $2,601,045 State Funds $0 Intra-State Government Transfers $1,231 Retirement Payments ($634) Other Intra-State Government Payments $1,865 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $2,599,119 Reduce general salary increase from 2.5% to 2%. $0 $0 Increase funding in contractual services for accounting services provided by the Teachers' Retirement System (Other Funds: $700). $0 $700 Annualize the cost of the FY 2008 salary adjustment (Other Funds: $1,226). $0 $1,226 Provide for a general salary increase of 2.5% effective January 1, 2009 (Other Funds: $1,586) and for performance increases (Other Funds: $634). $0 $2,220 Reflect an adjustment in the Workers' Compensation premium rate structure (Other Funds: $248). $0 $248 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182% (Other Funds: $1,190). $0 ($603) Delete funding for performance increase. $0 ($634) Amount appropriated in this Act $0 $2,602,276 FRIDAY, APRIL 4, 2008 4529 23.3. Georgia Military Pension Fund Purpose: Provide retirement allowances and other benefits for members of the Georgia National Guard. Total Funds $1,323,024 Federal Funds and Grants $0 Other Funds $0 State Funds $1,323,024 State General Funds $1,323,024 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,103,073 $1,103,073 Increase funding for the Georgia Military Pension Fund to the level required by the latest actuarial report. $219,951 $219,951 Amount appropriated in this Act $1,323,024 $1,323,024 23.4. Public School Employees' Retirement System Purpose: Account for the receipt of retirement contributions, ensure sound investing of system funds, and provide timely and accurate payment of retirement benefits. Total Funds $6,116,302 Federal Funds and Grants $0 Other Funds $0 State Funds $5,828,802 State General Funds $5,828,802 Intra-State Government Transfers $287,500 Retirement Payments $287,500 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,571,728 $3,571,728 Reduce funding for the Public School Employees' Retirement System (PSERS) to the level required by the latest actuarial report. ($118,426) ($118,426) Replace state funds with interest income for program administration. ($287,500) $0 Increase funds to raise the benefit accrual for each year of service by $0.25 per month to bring the rate from $14.25 to $14.50. (CC:Raise the benefit $2,663,000 $2,663,000 4530 JOURNAL OF THE SENATE accrual for each year of service by $0.50 per month to bring the rate from $14.25 to $14.75.) Amount appropriated in this Act $5,828,802 $6,116,302 Section 24: Forestry Commission, Georgia Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $52,794,958 $7,861,835 $7,861,835 $5,668,070 $668,539 $4,999,531 $39,265,053 $39,265,053 $0 24.1. Administration Purpose: Administer work force needs, handle purchasing, accounts receivable and payable, meet information technology needs, and provide oversight that emphasizes customer values and process innovation. Total Funds $4,611,279 Federal Funds and Grants $0 Other Funds $4,872 Agency Funds $4,872 State Funds $4,606,407 State General Funds $4,606,407 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $4,540,066 $4,544,938 Annualize the cost of the FY 2008 salary adjustment. $34,463 $34,463 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($12,859) ($12,859) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($12,787) ($12,787) Reflect an adjustment in the Workers' Compensation premium rate structure. $12,771 $12,771 Provide for a general salary increase of 2.5% $44,753 $44,753 FRIDAY, APRIL 4, 2008 4531 effective January 1, 2009 ($31,966), and for performance increases ($12,787). Amount appropriated in this Act $4,606,407 $4,611,279 24.2. Forest Management Purpose: Provide forestry inventory data, manage state-owned forests, provide technical assistance on forest health and water quality issues to forest landowners, administer federal forestry programs, assist communities with management of forested greenspace, market forestry products, and provide technical assistance to the forestry industry. Total Funds $10,518,790 Federal Funds and Grants $5,977,662 Federal Funds Not Specifically Identified $5,977,662 Other Funds $677,587 Agency Funds $127,500 Other Funds Not Specifically Identified $550,087 State Funds $3,863,541 State General Funds $3,863,541 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,691,168 $10,346,417 Annualize the cost of the FY 2008 salary adjustment. $54,745 $54,745 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($12,226) ($12,226) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($12,156) ($12,156) Reflect an adjustment in the Workers' Compensation premium rate structure. $16,653 $16,653 Provide for a general salary increase of 2.5% effective January 1, 2009 ($30,391), and for performance increases ($12,156). $42,547 $42,547 Add 2 conservation foresters and 2 vehicles to coordinate conservation easement donations with the Georgia Land Conservation Program. (CC:Add 1 conservation forester and 1 vehicle.) $91,310 $91,310 Eliminate contract funds for Southern Forest World. (CC:Reduce contract funds for Southern Forest World. ) ($8,500) ($8,500) 4532 JOURNAL OF THE SENATE Amount appropriated in this Act $3,863,541 $10,518,790 24.3. Forest Protection Purpose: Protect the public and forest resources by detecting and suppressing forest fires, assisting landowners with fire prevention techniques, educating the public about the dangers of wildfires, and providing programs to support rural fire departments. Total Funds $36,148,695 Federal Funds and Grants $1,814,173 Federal Funds Not Specifically Identified $1,814,173 Other Funds $3,484,111 Agency Funds $536,167 Other Funds Not Specifically Identified $2,947,944 State Funds $30,850,411 State General Funds $30,850,411 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $28,973,218 $34,271,502 Annualize the cost of the FY 2008 salary adjustment. $306,563 $306,563 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($95,205) ($95,205) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($94,667) ($94,667) Reflect an adjustment in the Workers' Compensation premium rate structure. $139,271 $139,271 Provide for a general salary increase of 2.5% effective January 1, 2009 ($236,666), for performance increases ($94,667), for employees in specified critical jobs ($42,845), for special adjustments to selected job classes ($929,960), and for structure adjustments to the statewide salary plan ($22,372). $1,326,510 $1,326,510 Add 2 new arson investigator positions and 2 vehicles to reestablish a wildfire arson investigation program to enforce arson and other forestry laws. (CC:Provide funding for 2 positions and 1 vehicle.) $116,000 $116,000 Fill 1 helicopter pilot position ($96,953) and 1 aviation maintenance/inspection position ($81,786) $178,721 $178,721 FRIDAY, APRIL 4, 2008 4533 to provide air support for wildfire detection and suppression. Retrofit a Bell 407 helicopter with A/C and communications equipment to improve firefighting capabilities. Amount appropriated in this Act $0 $0 $30,850,411 $36,148,695 24.4. Tree Improvement Purpose: Provide Georgia's landowners with genetically superior seedlings to ensure increased volume and superior quality of trees grown. Total Funds $123,287 Federal Funds and Grants $0 Other Funds $0 State Funds $123,287 State General Funds $123,287 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $121,994 $121,994 Annualize the cost of the FY 2008 salary adjustment. $606 $606 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($263) ($263) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($261) ($261) Reflect an adjustment in the Workers' Compensation premium rate structure. $297 $297 Provide for a general salary increase of 2.5% effective January 1, 2009 ($653), and for performance increases ($261). $914 $914 Amount appropriated in this Act $123,287 $123,287 24.5. Tree Seedling Nursery Purpose: Produce an adequate quantity of high quality forest tree seedlings for sale at a reasonable cost to Georgia landowners. Total Funds $1,392,907 Federal Funds and Grants $70,000 Federal Funds Not Specifically Identified $70,000 4534 JOURNAL OF THE SENATE Other Funds $1,501,500 Other Funds Not Specifically Identified $1,501,500 State Funds ($178,593) State General Funds ($178,593) Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) ($185,769) $1,385,731 Annualize the cost of the FY 2008 salary adjustment. $7,176 $7,176 Amount appropriated in this Act ($178,593) $1,392,907 Section 25: Governor, Office of the Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $87,455,272 $37,083,233 $37,083,233 $2,597,867 $6,406 $2,591,461 $47,774,172 $47,774,172 $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. 25.1. Governor's Office Purpose: 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 $13,294,149 Federal Funds and Grants $5,196,851 Federal Funds Not Specifically Identified $5,196,851 Other Funds $100,000 Other Funds Not Specifically Identified $100,000 FRIDAY, APRIL 4, 2008 4535 State Funds $7,997,298 State General Funds $7,997,298 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $7,653,328 $11,753,328 Annualize the cost of the FY 2008 salary adjustment. $61,759 $61,759 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($20,739) ($20,739) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($21,180) ($21,180) Increase federal funds ($1,196,851) to reflect projected expenditures for FY 2009. $0 $1,196,851 Provide for a general salary increase of 2.5% effective January 1, 2009 ($52,950) and performance increases ($21,180). $74,130 $74,130 Increase funds for the Office of Mental Health Ombudsman, per S.B. 534, (2008 Session). $250,000 $250,000 Amount appropriated in this Act $7,997,298 $13,294,149 25.2. Governor's Emergency Funds Purpose: Provide emergency funds to draw on when disasters create extraordinary demands on government. Total Funds $3,469,576 Federal Funds and Grants $0 Other Funds $0 State Funds $3,469,576 State General Funds $3,469,576 Intra-State Government Transfers $0 25.3. Office of Planning and Budget Purpose: Improves state government operations and services by leading and assisting in the evaluation, development, and implementation of budgets, plans, programs, and policies. Total Funds $9,686,911 Federal Funds and Grants $2,000 Federal Funds Not Specifically Identified $2,000 Other Funds $100,677 4536 JOURNAL OF THE SENATE Other Funds Not Specifically Identified $100,677 State Funds $9,584,234 State General Funds $9,584,234 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $9,474,735 $9,577,412 Annualize the cost of the FY 2008 salary adjustment. $89,482 $89,482 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($31,141) ($31,141) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($32,490) ($32,490) Reflect an adjustment in the Workers' Compensation premium rate structure. ($83,520) ($83,520) Transfer one position and funding for administrative support from the Children Youth Coordinating Council to support grant administration for the new Office of Children and Families. $53,454 $53,454 Provide for a general salary increase of 2.5% effective January 1, 2009 ($81,224) and performance increases ($32,490). $113,714 $113,714 Amount appropriated in this Act $9,584,234 $9,686,911 The following appropriations are for agencies attached for administrative purposes. 25.4. Arts, Georgia Council for the Purpose: Provide general operation support and project support grants for art organizations. Total Funds $5,118,305 Federal Funds and Grants $659,400 Federal Funds Not Specifically Identified $659,400 Other Funds $10,000 Other Funds Not Specifically Identified $10,000 State Funds $4,448,905 State General Funds $4,448,905 Intra-State Government Transfers $0 FRIDAY, APRIL 4, 2008 4537 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $4,188,948 $4,849,476 Annualize the cost of the FY 2008 salary adjustment. $7,350 $7,350 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,679) ($1,679) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,715) ($1,715) Increase support for Georgia Humanities grant funding from $154,499 to $179,499 $0 $0 Increase federal funds ($8,872) to reflect projected expenditures for FY 2009. $0 $8,872 Provide for a general salary increase of 2.5% effective January 1, 2009 ($4,286) and performance increases ($1,715). $6,001 $6,001 Increase funds for grassroots arts program. $250,000 $250,000 Amount appropriated in this Act $4,448,905 $5,118,305 25.5. Child Advocate, Office of the Purpose: Provide independent oversight of persons, organizations, and agencies responsible for the protection and well-being of our children. Total Funds $1,159,574 Federal Funds and Grants $333,947 Federal Funds Not Specifically Identified $333,947 Other Funds $6,431 Agency Funds $6,406 Other Funds Not Specifically Identified $25 State Funds $819,196 State General Funds $819,196 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $783,235 $791,860 Annualize the cost of the FY 2008 salary adjustment. $9,534 $9,534 4538 JOURNAL OF THE SENATE Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5 effective January 1, 2009 ($7,959) and performance increases ($3,184). Reduce operating costs. Provide funds for state-wide needs and resources assessment of available child-welfare resources. Provide for the replacement of a motor vehicle in excess of 135,000 miles for investigative function. Provide for a Web-based enhancement for the existing file and data management system FORTIS. Increase Federal funds ($92,000) to reflect projected expenditures for FY 2009. Reduce funds as a result of administrative efficiencies to be realized through the consolidation of Office of the Child Advocate and Child Fatality Review Panel. Increase funds to reflect projected revenue receipts. Amount appropriated in this Act ($3,110) $0 ($3,184) $11,143 ($10,664) $70,000 $0 $13,500 $0 ($51,258) ($3,110) $0 ($3,184) $11,143 ($10,664) $70,000 $0 $13,500 $92,000 ($51,258) $0 $819,196 $239,753 $1,159,574 25.6. Commission on Equal Opportunity Purpose: 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 $1,487,913 Federal Funds and Grants $775,423 Federal Funds Not Specifically Identified $775,423 Other Funds $0 State Funds $712,490 State General Funds $712,490 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $714,349 $1,101,566 Annualize the cost of the FY 2008 salary adjustment. $8,384 $8,384 FRIDAY, APRIL 4, 2008 4539 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,599) and performance increases ($2,640). Reduce operating expenses. Increase Federal funds ($388,206) to reflect projected expenditures for FY 2009. Amount appropriated in this Act ($2,555) $0 $0 ($2,640) $9,239 ($14,287) $0 $712,490 ($2,555) $0 $0 ($2,640) $9,239 ($14,287) $388,206 $1,487,913 25.7. Consumer Affairs, Office of Purpose: 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 $10,154,120 Federal Funds and Grants $0 Other Funds $1,572,903 Other Funds Not Specifically Identified $1,572,903 State Funds $8,581,217 State General Funds $8,581,217 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $8,146,604 $8,714,293 Annualize the cost of the FY 2008 salary adjustment. $72,829 $72,829 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($27,517) ($27,517) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($28,307) ($28,307) Reflect an adjustment in the Workers' Compensation premium rate structure. $18,047 $18,047 4540 JOURNAL OF THE SENATE Increase other funds ($1,005,214) to reflect projected expenditures for FY 2009. Increase funding for 14 existing vacant positions to staff the "1-800-Georgia" call center to support a projected growth in call volume of 1.8 million calls in FY 2009 versus 1.2 million in FY 2008. (CC: Provide funding for 7 new positions to staff the "1-800-Georgia" call center to support a projected growth in call volume of 1.8 million calls in FY 2009 versus 1.2 million in FY 2008. ) Provide for a general salary increase of 2.5% effective January 1, 2009 ($70,766), performance increases ($28,307) and structure adjustments to the statewide salary plan ($488). Increase funds for the Office of Mental Health Ombudsman, per S.B. 534, (2008 Session). (CC: Move to Governor's Office program.) Amount appropriated in this Act $0 $300,000 $1,005,214 $300,000 $99,561 $99,561 $0 $0 $8,581,217 $10,154,120 25.8. Georgia Emergency Management Agency Purpose: 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 $32,917,086 Federal Funds and Grants $29,703,182 Federal Funds Not Specifically Identified $29,703,182 Other Funds $807,856 Other Funds Not Specifically Identified $807,856 State Funds $2,406,048 State General Funds $2,406,048 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,500,145 $8,798,057 Annualize the cost of the FY 2008 salary adjustment. $20,031 $20,031 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($6,931) ($6,931) Reduce general salary increase from 2.5% to 2%. $0 $0 FRIDAY, APRIL 4, 2008 4541 Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($17,803) and performance increases ($7,121). Reduce one-time funding for uninterruptible power supply. Increase federal funds ($24,213,126) to reflect projected expenditures for FY 2009. Increase funds for an Emergency Operation Facility in Fayette County. (CC: Move to DCA.) Amount appropriated in this Act ($7,121) $24,924 ($7,121) $24,924 ($125,000) $0 $0 $2,406,048 ($125,000) $24,213,126 $0 $32,917,086 25.9. Homeland Security, Office of Purpose: 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 $527,932 Federal Funds and Grants $0 Other Funds $0 State Funds $527,932 State General Funds $527,932 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $534,850 $534,850 Annualize the cost of the FY 2008 salary adjustment. $5,000 $5,000 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,434) ($2,434) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,485) ($2,485) Provide for a general salary increase of 2.5 effective January 1, 2009 ($6,213) and performance increases ($2,485). $8,698 $8,698 Reduce operating expenses. ($15,697) ($15,697) Amount appropriated in this Act $527,932 $527,932 25.10. Inspector General, Office of the State Purpose: Foster and promote accountability and integrity in state government by 4542 JOURNAL OF THE SENATE investigating and preventing fraud, waste, and abuse. Total Funds $829,079 Federal Funds and Grants $0 Other Funds $0 State Funds $829,079 State General Funds $829,079 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $833,534 $833,534 Annualize the cost of the FY 2008 salary adjustment. $7,719 $7,719 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,895) ($2,895) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,957) ($2,957) Provide for a general salary increase of 2.5% effective January 1, 2009 ($7,391) and performance increases ($2,957). $10,348 $10,348 Reduce operating expenses. ($16,670) ($16,670) Amount appropriated in this Act $829,079 $829,079 25.11. Professional Standards Commission, Georgia Purpose: Direct the preparation, certification, professional discipline and recruitment of educators in Georgia. Total Funds $7,536,171 Federal Funds and Grants $412,430 Federal Funds Not Specifically Identified $412,430 Other Funds $0 State Funds $7,123,741 State General Funds $7,123,741 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $7,142,891 $7,555,321 FRIDAY, APRIL 4, 2008 4543 Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($65,065) and for performance increases ($26,026). Provide for a 2% reduction to operations. Amount appropriated in this Act $83,855 ($25,212) $0 $0 ($26,026) $91,091 ($142,858) $7,123,741 $83,855 ($25,212) $0 $0 ($26,026) $91,091 ($142,858) $7,536,171 25.12. Student Achievement, Office of Purpose: Improve student achievement and school completion in Georgia. Total Funds $1,274,456 Federal Funds and Grants $0 Other Funds $0 State Funds $1,274,456 State General Funds $1,274,456 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,274,188 $1,274,188 Annualize the cost of the FY 2008 salary adjustment. $18,828 $18,828 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($4,457) ($4,457) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($4,553) ($4,553) Reduce funding in computer charges. ($25,484) ($25,484) Provide for a general salary increase of 2.5% effective January 1, 2009 ($11,381) and for performance increases ($4,553). $15,934 $15,934 Provide funding to develop an auditing function for education funding formulas. (CC: Provide in Audits.) $0 $0 4544 JOURNAL OF THE SENATE Amount appropriated in this Act $1,274,456 $1,274,456 Section 26: Human Resources, Department of Total Funds Federal Funds and Grants Temporary Assistance for Needy Families Block Grant Social Services Block Grant Child Care & Development Block Grant Foster Care Title IV-E Maternal and Child Health Services Block Grant Preventive Health and Health Services Block Grant Community Mental Health Services Block Grant Prevention and Treatment of Substance Abuse Block Grant Community Service Block Grant Low-Income Home Energy Assistance TANF Block Grant - Unobligated Balance TANF Block Grant Transfers to Social Services Block Grant CCDF Mandatory & Matching Funds Federal Funds Not Specifically Identified Other Funds Agency Funds Prior Year Funds from Other Sources Other Funds Not Specifically Identified State Funds Tobacco Funds Brain and Spinal Injury Trust Fund State General Funds Intra-State Government Transfers Medicaid Services Payments - Other Agencies Other Intra-State Government Payments $3,827,518,403 $1,657,922,975 $342,224,967 $55,015,615 $56,357,627 $87,240,470 $20,986,057 $4,404,431 $13,117,105 $63,290,669 $17,409,184 $24,912,301 $87,618,821 $25,800,000 $94,348,556 $765,197,172 $357,213,559 $223,923,370 $1,608,406 $131,681,783 $1,669,259,216 $28,384,553 $1,968,993 $1,638,905,670 $143,122,653 $135,890,940 $7,231,713 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. FRIDAY, APRIL 4, 2008 4545 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. 26.1. Administration Purpose: To provide administration and support for the Divisions and Operating Office. Total Funds $210,520,849 Federal Funds and Grants $88,001,027 Temporary Assistance for Needy Families Block Grant $15,000,000 Social Services Block Grant $9,953,930 Child Care & Development Block Grant $1,737,724 Foster Care Title IV-E $7,830,140 Preventive Health and Health Services Block Grant $31,070 Community Service Block Grant $220,001 Low-Income Home Energy Assistance $284,564 CCDF Mandatory & Matching Funds $2,826,003 Federal Funds Not Specifically Identified $50,117,595 Other Funds $7,143,057 Agency Funds $7,143,057 State Funds $94,164,941 Tobacco Funds $131,795 State General Funds $94,033,146 4546 JOURNAL OF THE SENATE Intra-State Government Transfers $21,211,824 Medicaid Services Payments - Other Agencies $20,618,667 Other Intra-State Government Payments $593,157 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $120,092,508 $267,448,030 Annualize the cost of the FY 2008 salary adjustment. $2,046,266 $2,046,266 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($456,697) ($456,697) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($460,789) ($460,789) Reflect an adjustment in the Workers' Compensation premium rate structure. ($80,598) ($80,598) Reduce training programs not required by regulation or law by utilizing teleconference or Web cast. ($10,000) ($10,000) Transfer state funds from the Administration program ($6,805,032) to the Child Welfare Services program ($5,000,000) and Eligibility Determination program ($1,805,032) to align the budget and expenditures. ($6,805,032) ($6,805,032) Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,151,972), for performance increases ($460,789), and for structure adjustments to the statewide salary plan ($128,623). $1,741,384 $1,741,384 Transfer state funds for the Information Technology function to properly reflect where activities occur from the Administration program to the following programs: Adolescent and Adult Health Promotion program ($72,365), Adult Addictive Disease Services program ($181,662), Adult Developmental Disabilities Services program ($224,981), Adult Forensic Services ($144,713), Adult Mental Health Services program ($342,849), Child and Adolescent Addictive Disease Services program ($40,920) Child and Adolescent Developmental Disabilities Services program ($66,251), Child and Adolescent Forensic Services program ($11,444), Child and ($19,668,813) ($60,687,119) FRIDAY, APRIL 4, 2008 Adolescent Mental Health Services program ($300,712), Child Support Services program ($3,184,106), Direct Care Support Services program ($256,927), Elder Abuse Investigations and Prevention program ($79,873), Elder Community Living Services program, ($7,097), Elder Support Services program ($2,158), Eligibility Determination program ($13,574,742), Epidemiology program ($6,745), Facility and Provider Regulation program ($61,054), Infant and Child Health Promotion program ($25,687), Infectious Disease Control program ($111,054), Inspections and Environmental Hazard Control program ($35,043), and Vital Records program ($748,241). Transfer TANF funds for the Information Technology function from the Administration program to the Adolescent and Adult Health Promotion program ($8,320) and the Eligibility Determination program ($3,752,949) to properly reflect where activities occur. Transfer Low-Income Home Energy Assistance funds ($346,557) for Information Technology function activities from the Administration program to the Eligibility Determination program to properly reflect where activities occur. Transfer Foster Care Title IV-E funds ($1,982,030) for Information Technology function from the Administration program to the Eligibility Determination program to properly reflect where activities occur. Transfer Medical Assistance Program funds for Information Technology function from the Administration program to the Elder Community Living Services program ($83,540), Eligibility Determination program ($18,034,361), Epidemiology program ($6,745), Facility and Provider Regulation program ($47,552), Infant and Child Health Promotion program ($875), and Inspections and Environmental Hazard Control program ($3,500) to properly reflect where activities occur. Transfer federal funds not itemized for Information Technology function from the Administration program to the Adolescent and Adult Health Promotion program ($5,074), Child Support Services program ($11,687,474), Eligibility Determination program ($4,993,663), Facility and Provider Regulation program ($60,323) and Infant and Child Health Promotion program ($5,343) to 4547 4548 JOURNAL OF THE SENATE properly reflect where activities occur. Transfer Tobacco funds ($190,189) for the Information Technology function from the Administration program to the Adolescent and Adult Health Promotion program to properly reflect where activities occur. Transfer state funds from Department of Family and Children Services Administration sub-program to the Child and Adolescent Mental Health Services program to align the budget and expenditures. Transfer Temporary Assistance for Needy Families (TANF) funds ($2,000,000) from the Administration program to the Support for Needy Families - Family Assistance program to align the budget and expenditures. Reduce Departmental Administration program to adhere to the 2% reduction mandate. Reduce Departmental Administration program to adhere to the 2% reduction mandate. Reduce Departmental Administration program to adhere to the 2% reduction mandate. Transfer state funds from the Adult Addictive Disease Services program to the Administration program to align budget and expenditures. Reduce Departmental Administration program to adhere to the 2% reduction mandate. Transfer state funds from the Administration program to the Inspections and Environmental Hazard Control program to fund environmental health director positions in the program where activities occur. Transfer state funds from the Administration program to the Infectious Disease Control program to fund laboratory administrative positions in the program where activities occur. Reduce funds to reflect improved contracts management. Reduce Departmental Administration program to adhere to the 2% reduction mandate. Transfer state funds for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. Transfer Foster Care Title IV-E funds ($25,000) for the ($109,145) $0 ($296,329) ($616,023) ($399,770) $1,938,303 ($214,054) ($1,240,352) ($787,183) $0 ($261,293) ($747,442) ($109,145) ($2,000,000) ($296,329) ($616,023) ($399,770) $1,938,303 ($214,054) ($1,240,352) ($787,183) $0 ($261,293) ($1,140,675) FRIDAY, APRIL 4, 2008 4549 Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. Transfer Medical Assistance Program funds ($52,945) for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. Transfer federal funds not itemized ($245,288) for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. Transfer other funds ($70,000) for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. Remove external Maintenance of Effort (MOE) calculations ($18,000,000) to properly reflect the cash flow to operate the program. Reduce funds and use savings to fund the shortfall in Child Care Services. Increase funds to reflect projected receipts. Provide funds for increased regional transportation services for the six perinatal centers. Amount appropriated in this Act $0 ($18,000,000) $0 $0 $500,000 $94,164,941 ($4,391,866) $34,803,791 $500,000 $210,520,849 26.2. Adolescent and Adult Health Promotion Purpose: 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. Total Funds $61,763,827 Federal Funds and Grants $39,486,680 Temporary Assistance for Needy Families Block Grant $23,200,000 Maternal and Child Health Services Block Grant $1,230,972 Preventive Health and Health Services Block Grant $41,694 Federal Funds Not Specifically Identified $15,014,014 Other Funds $270,000 Agency Funds $62,217 Other Funds Not Specifically Identified $207,783 4550 JOURNAL OF THE SENATE State Funds $20,563,284 Tobacco Funds $5,065,177 State General Funds $15,498,107 Intra-State Government Transfers $1,443,863 Medicaid Services Payments - Other Agencies $1,443,863 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 95) $20,734,163 $57,909,709 Annualize the cost of the FY 2008 salary adjustment. $599,107 $599,107 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($133,712) ($133,712) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($134,910) ($134,910) Reflect an adjustment in the Workers' Compensation premium rate structure. ($9,641) ($9,641) Provide an increase to general grant in aid funding to be distributed based on population, poverty and uninsured rate to stabilize the existing public health infrastructure. $0 $0 Transfer state funds from the Infant and Child Health Promotion program to the Adolescent and Adult Health Promotion program to accurately reflect salary and health benefit increases from FY 2008. $165,188 $165,188 Realign local grant in aid funding to reflect expenses by transferring state funds from the Adolescent and Adult Health Promotion program to the Inspections and Environmental Hazard Control program. ($1,000,000) ($1,000,000) a. Transfer state funds from the Adolescent and Adult Health Promotion program to the Infectious Disease Control program to more accurately reflect laboratory activities. b. Reflect transfer of Medical Assistance Program funds ($145,397) from the Adolescent and Adult Health Promotion program to the Infectious Disease Control program to more accurately reflect laboratory activities. ($523,126) ($668,523) Reduce funds to reflect improved contracts management. ($150,000) ($150,000) FRIDAY, APRIL 4, 2008 4551 a. Transfer state funds for the Information Technology function from the Administration program to the Adolescent and Adult Health Promotion program to properly reflect where activities occur. b. Reflect transfer of TANF funds ($8,320) from the Administration program for the Information Technology function to the Adolescent and Adult Health Promotion program to properly reflect where activities occur. c. Reflect transfer of federal funds not itemized ($5,074) from the Administration program for the Information Technology function to the Adolescent and Adult Health Promotion program to properly reflect where activities occur. Provide a general salary increase of 2.5% effective January 1, 2009 ($337,275), for performance increases ($134,910), and for structure adjustments to the statewide salary plan ($51,963). Through the Live Healthy Georgia Program: Promote tobacco prevention and other healthy lifestyle choices at middle school and high school campuses during extra-curricular activities. Increase funds to reflect projected receipts. Increase funds for the Helen Keller National Center - Southeastern Region. Amount appropriated in this Act $262,554 $275,948 $524,148 $524,148 $0 $0 $0 $229,513 $20,563,284 $4,157,000 $229,513 $61,763,827 26.3. Adoption Services Purpose: Support and facilitate the safe permanent placement of children by prescreening families and providing support and financial services after adoption. Total Funds $85,435,361 Federal Funds and Grants $49,821,719 Temporary Assistance for Needy Families Block Grant $12,000,000 Federal Funds Not Specifically Identified $37,821,719 Other Funds $45,000 Agency Funds $45,000 State Funds $35,568,642 State General Funds $35,568,642 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 4552 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide funding for the increase in adoption assistance caseload and provide a one-time post adoption payment to children who have been adopted but do not receive on-going adoption assistance. Provide for a general salary increase of 2.5% effective January 1, 2009 ($23,332) and for performance increases ($9,333). Increase funds to reflect projected receipts. State Funds $33,139,326 $41,444 ($9,250) Total Funds $81,116,602 $41,444 ($9,250) $0 ($9,333) $2,373,790 $0 ($9,333) $2,373,790 $32,665 $0 $32,665 $1,889,443 Amount appropriated in this Act $35,568,642 $85,435,361 26.4. Adult Addictive Disease Services Purpose: To provide services to adults for the safe withdrawal from abused substances and promote a transition to productive living. Total Funds $103,565,987 Federal Funds and Grants $54,799,837 Temporary Assistance for Needy Families Block Grant $21,873,683 Prevention and Treatment of Substance Abuse Block Grant $32,926,154 Other Funds $824,903 Agency Funds $752,583 Other Funds Not Specifically Identified $72,320 State Funds $47,941,247 State General Funds $47,941,247 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $48,231,627 $95,573,754 Annualize the cost of the FY 2008 salary $933,643 $933,643 FRIDAY, APRIL 4, 2008 4553 adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($208,376) ($208,376) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($210,243) ($210,243) Reduce statewide core community services for providers who do not provide pharmacy and lab services. $0 $0 Transfer state funds for the Information Technology function from the Administration program to the Adult Addictive Diseases Services program to properly reflect where activities occur. $181,662 $181,662 Transfer state funds from the Adult Addictive Disease Services program to the Administration program ($1,938,303) and the Direct Care Support Services program ($146,613) to align budget and expenditures. ($2,084,916) ($2,084,916) Provide for a general salary increase of 2.5% effective January 1, 2009 ($525,607) and for performance increases ($210,243). $735,850 $735,850 Provide funds to Hope House, Inc. ("The Highlands West" location) for the expansion of its substance abuse and outpatient behavioral health services for the community. (CC:$250,000 Hope House the Highlands West location and $100,000 Hope House, the Atlanta location.) $350,000 $350,000 Increase funds for Bridges of Hope. $12,000 $12,000 Increase funds to reflect projected receipts. $0 $8,282,613 Amount appropriated in this Act $47,941,247 $103,565,987 Provided, however, from the appropriation of State General Funds designated above for program 26.4. Community Services - Adult Addictive Diseases, the amount of $350,000 is specifically appropriated for this purpose: "Provide funds to Hope House, Inc. ("The Highlands West" location) for the expansion of its substance abuse and outpatient behavioral health services for the community. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 26.4. Community Services Adult Addictive Diseases above may be used for this specific purpose as well. (CC:$250,000 Hope House the Highlands West location and $100,000 Hope House, the Atlanta location.) 26.5. Adult Developmental Disabilities Services Purpose: To provide evaluation, residential, support, and education services to promote independence for adults with developmental disabilities. Total Funds $329,172,829 4554 JOURNAL OF THE SENATE Federal Funds and Grants $31,469,701 Temporary Assistance for Needy Families Block Grant $411,234 Social Services Block Grant $30,636,459 Federal Funds Not Specifically Identified $422,008 Other Funds $79,164,086 Agency Funds $53,767,742 Other Funds Not Specifically Identified $25,396,344 State Funds $204,977,518 Tobacco Funds $10,255,138 State General Funds $194,722,380 Intra-State Government Transfers $13,561,524 Medicaid Services Payments - Other Agencies $13,561,524 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $216,013,559 $343,174,360 Annualize the cost of the FY 2008 salary adjustment. $2,677,909 $2,677,909 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($597,671) ($597,671) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($603,025) ($603,025) Reflect an adjustment in the Workers' Compensation premium rate structure. ($44,826) ($44,826) Decrease state funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. ($1,395,994) ($1,395,994) Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,507,563) and for performance increases ($603,025). $2,110,588 $2,110,588 Transfer state funds for the Information Technology function from the Administration program to the Adult Developmental Disabilities Services program to properly reflect where activities occur. $224,981 $224,981 Transfer state funds from the Adult Developmental Disabilities Services program to Adult Forensic Services program ($3,405,931) and the Adult Mental Health Services program ($23,613,653) to ($27,019,584) ($27,019,584) FRIDAY, APRIL 4, 2008 4555 align budget and expenditures. a. Fund 500 waiver slots for consumers on the Mental Retardation Waiver Program waiting list. b. Reflect anticipated other funds ($7,779,330) to fund 500 waiver slots for consumers on the Mental Retardation Waiver Program waiting list. Provide a 7% rate increase for DD providers. (CC:Increase funds for a 3% rate increase for Developmental Disabilities providers.) Reduce one-time adjustments for Georgia Options, Inc. a. Annualize the cost of 1,500 waiver slots on the Mental Retardation/Developmental Disabilities Waiver Program waiting list. b. Reflect anticipated other funds ($11,600,204) to fund 1,500 waiver slots for consumers on the Mental Retardation Waiver/Developmental Disabilities Waiver Program waiting list. Increase funds to expand services for the Oral Health Resources for Special Needs Populations, Inc. to provide preventative oral healthcare for those with developmental disabilities. Increase funds to reflect projected receipts. Amount appropriated in this Act $5,186,220 $12,965,550 $716,892 $716,892 ($75,000) $7,733,469 ($75,000) $19,333,673 $50,000 $50,000 $0 $204,977,518 ($22,345,024) $329,172,829 26.6. Adult Essential Health Treatment Services Purpose: To provide treatment and services to low income Georgians with cancer, Georgians at risk of stroke or heart attacks, and refugees. Total Funds $16,338,253 Federal Funds and Grants $3,862,290 Preventive Health and Health Services Block Grant $1,210,877 Federal Funds Not Specifically Identified $2,651,413 Other Funds $0 State Funds $12,400,624 Tobacco Funds $6,475,000 State General Funds $5,925,624 Intra-State Government Transfers $75,339 Medicaid Services Payments - Other Agencies $75,339 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 4556 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide an increase to general grant in aid funding to be distributed based on population, poverty and uninsured rate to stabilize the existing public health infrastructure. Provide a general salary increase of 2.5% effective January 1, 2009 ($38,474) and for performance increases ($15,390). Reduce state funds to reflect improved contract management. Provide an increase in Tobacco Funds to address the waiting list in the Cancer State Aid program. Increase funds for the start-up of the Georgia Commission to Save the Cure. Increase funds to reflect projected receipts. Amount appropriated in this Act State Funds $10,709,061 $68,342 ($15,253) Total Funds $16,743,462 $68,342 ($15,253) $0 ($15,390) $0 $0 ($15,390) $0 $53,864 $53,864 ($115,000) $1,475,000 $240,000 $0 $12,400,624 ($115,000) $1,475,000 $240,000 ($2,096,772) $16,338,253 26.7. Adult Forensic Services Purpose: To provide evaluation, treatment and residential services to adult clients referred by Georgia's criminal justice or corrections system. Total Funds $47,640,417 Federal Funds and Grants $1,115,408 Federal Funds Not Specifically Identified $1,115,408 Other Funds $275,085 Agency Funds $275,085 State Funds $46,249,924 State General Funds $46,249,924 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $38,421,374 $39,536,786 FRIDAY, APRIL 4, 2008 4557 Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Transfer state funds for the Information Technology function from the Administration program to the Adult Forensic Services program to properly reflect where activities occur. Provide funds for five Forensic Diversion Coordinators to assist in diverting non-violent mentally ill consumers from state hospital custody. Transfer state funds from the Adult Developmental Disabilities program to the Adult Forensic Services program to align budget and expenditures. Provide funds to improve hospital operations and quality of care. Provide for a general salary increase of 2.5% effective January 1, 2009 ($652,518) and for performance increases ($261,007). Increase funds to reflect projected receipts. Amount appropriated in this Act $1,159,078 ($258,690) $0 ($261,007) $144,713 $1,159,078 ($258,690) $0 ($261,007) $144,713 $225,000 $225,000 $3,405,931 $3,405,931 $2,500,000 $913,525 $2,500,000 $913,525 $0 $46,249,924 $275,081 $47,640,417 26.8. Adult Mental Health Services Purpose: To provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness. Total Funds $262,594,304 Federal Funds and Grants $19,450,485 Temporary Assistance for Needy Families Block Grant $1,219,465 Community Mental Health Services Block Grant $6,615,710 Prevention and Treatment of Substance Abuse Block Grant $330,772 Federal Funds Not Specifically Identified $11,284,538 Other Funds $5,909,257 Agency Funds $5,099,844 Other Funds Not Specifically Identified $809,413 State Funds $237,141,537 4558 JOURNAL OF THE SENATE State General Funds $237,141,537 Intra-State Government Transfers $93,025 Medicaid Services Payments - Other Agencies $93,025 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $177,314,849 $199,681,474 Annualize the cost of the FY 2008 salary adjustment. $3,521,867 $3,521,867 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($786,030) ($786,030) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($793,072) ($793,072) Provide funds to improve hospital operations, and quality of care. $8,151,316 $8,151,316 Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,982,680), for performance increases ($793,072), and for structure adjustments to the statewide salary plan ($107,233). $2,882,985 $2,882,985 Transfer state funds from the Administration program for the Information Technology function to the Adult Mental Health Services program to properly reflect where activities occur. $342,849 $342,849 Reduce mental health training contract. ($337,835) ($337,835) Reduce statewide core community services for providers who do not provide pharmacy and lab services. $0 $0 Transfer funds from the Adult Developmental Disabilities program ($23,613,653) and the Child and Adolescent Mental Health program ($12,130,955) to align budget and expenditures. $35,744,608 $35,744,608 Provide funding for crisis services in the community for the mental health and addictive disease consumers: a. Mobile Crisis services ($2,800,000) b. Three Assertive Community Treatment teams ($2,600,000) c. Three Crisis Stabilization Programs ($5,700,000) $11,100,000 $11,100,000 Increase funds to reflect projected receipts. $0 $3,086,142 Amount appropriated in this Act $237,141,537 $262,594,304 FRIDAY, APRIL 4, 2008 4559 26.9. Adult Nursing Home Services Purpose: To provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities. Total Funds $11,395,955 Federal Funds and Grants $0 Other Funds $9,012,772 Agency Funds $9,012,772 State Funds $2,383,183 State General Funds $2,383,183 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,383,183 $3,930,425 Increase funds to reflect projected receipts. $0 $7,465,530 Amount appropriated in this Act $2,383,183 $11,395,955 26.10. After School Care Purpose: To expand the provision of after school care services and draw down TANF maintenance of effort funds. Total Funds $42,000,000 Federal Funds and Grants $14,000,000 Temporary Assistance for Needy Families Block Grant $14,000,000 Other Funds $28,000,000 Other Funds Not Specifically Identified $28,000,000 State Funds $0 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $42,000,000 Remove external Maintenance of Effort (MOE) calculations from the appropriated budget to properly reflect the cash flow to operate the program. $0 $0 Amount appropriated in this Act $0 $42,000,000 4560 JOURNAL OF THE SENATE 26.11. Child and Adolescent Addictive Disease Services Purpose: To provide services to children and adolescents for the safe withdrawal from abused substances and promote a transition to productive living. Total Funds $22,908,813 Federal Funds and Grants $13,488,050 Prevention and Treatment of Substance Abuse Block Grant $10,055,302 Federal Funds Not Specifically Identified $3,432,748 Other Funds $0 State Funds $9,420,763 State General Funds $9,420,763 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $10,864,229 $28,081,399 Annualize the cost of the FY 2008 salary adjustment. $286,534 $286,534 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($63,951) ($63,951) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($64,524) ($64,524) Provide community-based pharmacy and lab services for Adult and Child &Adolescent Mental Health and Addictive Diseases. $0 $0 Transfer state funds for the Information Technology function from the Administration program to the Child and Adolescent Addictive Diseases Services program to properly reflect where activities occur. $40,920 $40,920 Transfer funds from the Child and Adolescent Addictive Disease Services program to the Direct Care Support Services program to align budget and expenditures. ($1,868,277) ($1,868,277) Provide for a general salary increase of 2.5% effective January 1, 2009 ($161,308) and for performance increases ($64,524). $225,832 $225,832 Increase funds to reflect projected receipts. $0 ($3,729,120) Amount appropriated in this Act $9,420,763 $22,908,813 FRIDAY, APRIL 4, 2008 4561 26.12. Child and Adolescent Developmental Disabilities Services Purpose: To provide evaluation, residential, support, and education services to promote independence for children and adolescents with developmental disabilities. Total Funds $30,542,359 Federal Funds and Grants $157,113 Federal Funds Not Specifically Identified $157,113 Other Funds $3,722,681 Other Funds Not Specifically Identified $3,722,681 State Funds $20,819,083 State General Funds $20,819,083 Intra-State Government Transfers $5,843,482 Medicaid Services Payments - Other Agencies $5,843,482 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 95) $17,589,662 $23,921,132 Annualize the cost of the FY 2008 salary adjustment. $247,565 $247,565 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($55,253) ($55,253) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($55,748) ($55,748) Reflect an adjustment in the Workers' Compensation premium rate structure. ($11,206) ($11,206) Decrease state funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. ($285,925) ($285,925) Transfer state funds for the Information Technology function from the Administration program to the Child and Adolescent Developmental Disabilities Services program to properly reflect where activities occur. $66,251 $66,251 a. Fund 500 waiver slots for consumers on the Mental Retardation Waiver Program waiting list. b. Reflect anticipated other funds ($1,593,357) to fund 500 waiver slots for consumers on the Mental Retardation Waiver Program waiting list. $1,062,238 $2,655,595 Provide a 7% rate increase for DD providers. (CC:Increase funds for a 3% rate increase for $146,832 $146,832 4562 JOURNAL OF THE SENATE Developmental Disabilities providers.) Eliminate one-time adjustment for the Matthew Reardon Center. ($200,000) ($200,000) a. Annualize the cost of 1,500 waiver slots on the Mental Retardation/Developmental Disabilities Waiver Program waiting list. b. Reflect anticipated other funds ($2,129,324) to fund 1,500 waiver slots for consumers on the Mental Retardation Waiver/Developmental Disabilities Waiver Program waiting list. $1,419,549 $3,548,873 Provide for a general salary increase of 2.5% effective January 1, 2009 ($139,370) and for performance increases ($55,748). $195,118 $195,118 Provide funds for the Matthew Reardon Center for growth of the program. $200,000 $200,000 Provide funds for the Marcus Institute. $500,000 $500,000 Increase funds to reflect projected receipts. $0 ($330,875) Amount appropriated in this Act $20,819,083 $30,542,359 Provided, however, from the appropriation of State General Funds designated above for program 26.12. Community Services - C&A Developmental Disabilities, the amount of $100,000 is specifically appropriated for this purpose: "Provide funds for the Matthew Reardon Center for growth of the program. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 26.12. Community Services - C&A Developmental Disabilities above may be used for this specific purpose as well. 26.13. Child and Adolescent Forensic Services Purpose: To provide evaluation, treatment and residential services to children and adolescents clients referred by Georgia's criminal justice or corrections system. Total Funds $3,103,859 Federal Funds and Grants $0 Other Funds $0 State Funds $3,103,859 State General Funds $3,103,859 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,038,424 $3,038,424 Annualize the cost of the FY 2008 salary adjustment. $40,298 $40,298 FRIDAY, APRIL 4, 2008 4563 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Transfer state funds for the Information Technology function from the Administration program to the Child and Adolescent Forensic Services program to properly reflect where activities occur. Provide for a general salary increase of 2.5% effective January 1, 2009 ($22,687) and for performance increases ($9,075). Amount appropriated in this Act ($8,994) $0 ($9,075) $11,444 ($8,994) $0 ($9,075) $11,444 $31,762 $3,103,859 $31,762 $3,103,859 26.14. Child and Adolescent Mental Health Services Purpose: To provide evaluation, treatment, crisis stabilization, and residential services to children and adolescents with mental illness. Total Funds $150,779,396 Federal Funds and Grants $6,663,880 Community Mental Health Services Block Grant $6,501,395 Federal Funds Not Specifically Identified $162,485 Other Funds $51,196,318 Agency Funds $11 Other Funds Not Specifically Identified $51,196,307 State Funds $90,721,809 State General Funds $90,721,809 Intra-State Government Transfers $2,197,389 Medicaid Services Payments - Other Agencies $2,005,035 Other Intra-State Government Payments $192,354 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 95) $105,062,036 $161,684,493 Annualize the cost of the FY 2008 salary adjustment. $805,761 $805,761 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($179,835) ($179,835) Reduce general salary increase from 2.5% to 2%. $0 $0 4564 JOURNAL OF THE SENATE Delete funding for performance increases. Decrease state funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. Provide for a general salary increase of 2.5 % effective January 1, 2009 ($453,614) and for performance increases ($181,446). Transfer state funds for the Information Technology function from the Administration program to the Child and Adolescent Mental Health Services program to properly reflect where activities occur. Reduce statewide core community services for providers who do not provide pharmacy and lab services. Transfer state funds from the Child and Adolescent Mental Health Services program to the Adult Mental Health Services program ($12,130,955) and the Direct Care Support Services program ($766,723) to align budget and expenditures. Transfer state funds for mental health support staff related to the unbundling of Level of Care from the Administration program ($109,145) and Child Welfare Services ($412,329) programs to the Child and Adolescent Mental Health Services program. Reduce state funds in the Child and Adolescent Mental Health Services program to reflect projected decrease in service utilization. Increase funds to reflect projected receipts. Amount appropriated in this Act ($181,446) ($344,275) $635,060 $300,712 ($181,446) ($344,275) $635,060 $300,712 $0 $0 ($12,897,678) ($12,897,678) $521,474 $521,474 ($3,000,000) ($3,000,000) $0 $90,721,809 $3,435,130 $150,779,396 26.15. Child Care Services Purpose: 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 $226,676,511 Federal Funds and Grants $165,598,552 Temporary Assistance for Needy Families Block Grant $10,280,143 Social Services Block Grant $90 Child Care & Development Block Grant $54,619,903 CCDF Mandatory & Matching Funds $90,698,416 Federal Funds Not Specifically Identified $10,000,000 Other Funds $2,500,000 FRIDAY, APRIL 4, 2008 4565 Agency Funds $2,500,000 State Funds $58,577,959 State General Funds $58,577,959 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $58,398,695 $235,917,105 Annualize the cost of the FY 2008 salary adjustment. $133,802 $133,802 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($29,863) ($29,863) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($30,130) ($30,130) Eliminate the TANF transfer ($29,700,000) to Child Care Services in HB 95. $0 ($29,700,000) Provide for a general salary increase of 2.5% effective January 1, 2009 ($75,325) and for performance increases ($30,130). $105,455 $105,455 Increase funds for childcare slots. $0 $20,280,143 Increase funds to reflect projected receipts. $0 ($1) Amount appropriated in this Act $58,577,959 $226,676,511 26.16. Child Support Services Purpose: Encourage and enforce the parental responsibility of paying financial support. Total Funds $91,608,932 Federal Funds and Grants $63,407,750 Social Services Block Grant $120,000 Federal Funds Not Specifically Identified $63,287,750 Other Funds $2,841,500 Agency Funds $2,541,500 Other Funds Not Specifically Identified $300,000 State Funds $24,963,922 State General Funds $24,963,922 Intra-State Government Transfers $395,760 Other Intra-State Government Payments $395,760 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 4566 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect savings from office consolidations. a. Transfer state funds for the Information Technology function from the Administration program to the Child Support Services program to properly reflect where activities occur. b. Reflect transfer of federal funds not itemized ($11,687,474) from the Administration program for the Information Technology function to the Child Support Services program to properly reflect where activities occur. Provide for a general salary increase of 2.5% effective January 1, 2009 ($228,796) and for performance increases ($91,518). Increase funds to reflect projected receipts. Amount appropriated in this Act State Funds $21,668,683 $406,416 ($90,706) Total Funds $77,071,715 $406,416 ($90,706) $0 ($91,518) ($433,373) $3,184,106 $0 ($91,518) ($1,274,629) $14,871,580 $320,314 $320,314 $0 $24,963,922 $395,760 $91,608,932 26.17. Child Welfare Services Purpose: Investigate allegations of child abuse abandonment and neglect and to provide services to protect the child and strengthen the family. Total Funds $323,676,157 Federal Funds and Grants $168,276,435 Temporary Assistance for Needy Families Block Grant $77,263,725 Social Services Block Grant $8,264,167 Foster Care Title IV-E $32,278,994 Community Service Block Grant $4,000 TANF Block Grant Transfers to Social Services Block Grant $25,800,000 CCDF Mandatory & Matching Funds $817,637 Federal Funds Not Specifically Identified $23,847,912 Other Funds $26,454,732 Agency Funds $13,490,604 FRIDAY, APRIL 4, 2008 4567 Prior Year Funds from Other Sources $1,608,406 Other Funds Not Specifically Identified $11,355,722 State Funds $117,613,541 State General Funds $117,613,541 Intra-State Government Transfers $11,331,449 Medicaid Services Payments - Other Agencies $11,331,449 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $73,149,559 $231,290,374 Annualize the cost of the FY 2008 salary adjustment. $1,056,753 $1,056,753 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($235,852) ($235,852) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($237,964) ($237,964) Transfer state funds from the Support for Needy Families - Work Assistance ($6,380,234) and Support for Needy Families - Family Assistance ($8,935,293) programs to Child Welfare Services program to align the budget and expenditures. $15,315,527 $15,315,527 Transfer state funds from the Administration program to the Child Welfare Services program to align the budget and expenditures. $5,000,000 $5,000,000 Transfer state funds from the Child Welfare Services program to the Out of Home Care program to properly reflect the initial and annual clothing allowance budget in the correct program. ($1,486,400) ($1,486,400) Transfer state funds for mental health support staff related to the unbundling of Level of Care from the Child Welfare Services programs to the Child and Adolescent Mental Health Services program. ($412,329) ($412,329) Provide state funds to ensure appropriate protection and care is provided for child victims of neglect and abuse. $21,883,875 $21,883,875 Reflect anticipated earning of Title IV-E Foster Care funding ($14,000,000). Reflect anticipated earning of Title IV-E Adoption funding ($1,203,019), classified as federal funds not itemized. $0 $15,203,019 Delete one-time funds for Clayton County Rainbow ($25,000) ($25,000) 4568 JOURNAL OF THE SENATE House. Provide for a general salary increase of 2.5% effective January 1, 2009 ($594,912), for performance increases ($237,964), for employees in specified critical jobs ($2,169,459), and for structure adjustments to the statewide salary plan ($43,037). Increase funds for the Regional Assessment Center for victims of child prostitution and trafficking. Increase funds to reflect projected receipts. Amount appropriated in this Act $3,045,372 $3,045,372 $560,000 $0 $117,613,541 $560,000 $32,718,782 $323,676,157 26.18. Direct Care Support Services Purpose: Provide facility support services and direct patient support therapies. Total Funds $189,420,919 Federal Funds and Grants $6,205,526 Federal Funds Not Specifically Identified $6,205,526 Other Funds $50,924,712 Agency Funds $49,690,538 Other Funds Not Specifically Identified $1,234,174 State Funds $122,634,924 State General Funds $122,634,924 Intra-State Government Transfers $9,655,757 Medicaid Services Payments - Other Agencies $4,500,223 Other Intra-State Government Payments $5,155,534 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $108,039,606 $162,591,675 Annualize the cost of the FY 2008 salary adjustment. $2,069,599 $2,069,599 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($461,905) ($461,905) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($466,042) ($466,042) Decrease state funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. ($234,040) ($234,040) Provide for a general salary increase of 2.5 % $1,940,107 $1,940,107 FRIDAY, APRIL 4, 2008 4569 effective January 1, 2009 ($1,165,106), for performance increases ($466,042), and for employees in specified critical jobs ($308,959). Transfer state funds for the Information Technology function from the Administration program to the Direct Care Support Services program to properly reflect where activities occur. Transfer state funds from the Child and Adolescent Mental Health Services program ($766,723), the Adult Addictive Disease Services program ($146,613) and the Child and Adolescent Addictive Disease Services program ($1,868,277) to the Direct Care Support Services program to align budget and expenditures. Reflect reduction of one-time adjustments for Hospital Repairs ($1,970,000). Provide funds to improve hospital operations, and quality of care. Provide one-time funds for capital projects at Central State Hospital ($385,000) and Northwest Regional Hospital ($560,000). Provide funding for a special salary adjustment for Mental Health nurses paid less than 75% of market salary. Increase funds to reflect projected receipts. Amount appropriated in this Act $256,927 $256,927 $2,781,613 $2,781,613 ($1,970,000) $9,947,368 $0 ($1,970,000) $9,947,368 $0 $731,691 $731,691 $0 $122,634,924 $12,233,926 $189,420,919 26.19. Elder Abuse Investigations and Prevention Purpose: Prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred. Total Funds $18,328,947 Federal Funds and Grants $3,073,433 Social Services Block Grant $2,279,539 Federal Funds Not Specifically Identified $793,894 Other Funds $0 State Funds $14,577,451 State General Funds $14,577,451 Intra-State Government Transfers $678,063 Medicaid Services Payments - Other Agencies $678,063 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 4570 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reduce training programs not required by regulation or law by utilizing teleconference or Web cast. Provide for a general salary increase of 2.5 % effective January 1, 2009 ($91,322) and for performance increases ($36,529). Transfer state funds for the Information Technology function from the Administration program to the Elder Abuse Investigations and Prevention program to properly reflect where activities occur. Provide state funds to ensure continued protection and care is provided for elderly victims of neglect and abuse. Reduce duplicate Senior Adult Victims' Advocate services. Reflect loss of Medical Assistance Program funds ($3,500,000) due to revisions of the federal administrative rules. Increase funds to reflect projected receipts. Amount appropriated in this Act State Funds $10,200,245 $162,216 ($36,205) Total Funds $17,294,802 $162,216 ($36,205) $0 ($36,529) ($10,000) $127,851 $0 ($36,529) ($10,000) $127,851 $79,873 $79,873 $4,100,000 $4,100,000 ($10,000) $0 ($10,000) ($3,500,000) $0 $14,577,451 $156,939 $18,328,947 26.20. Elder Community Living Services Purpose: Provide Georgians who need nursing home level of care the option of remaining in their own communities. Total Funds $120,097,240 Federal Funds and Grants $27,670,065 Social Services Block Grant $3,761,430 Federal Funds Not Specifically Identified $23,908,635 Other Funds $121,742 Agency Funds $121,742 State Funds $78,540,174 Tobacco Funds $3,664,733 State General Funds $74,875,441 FRIDAY, APRIL 4, 2008 4571 Intra-State Government Transfers $13,765,259 Medicaid Services Payments - Other Agencies $13,765,259 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 95) $78,165,981 $119,315,119 Annualize the cost of the FY 2008 salary adjustment. $12,488 $12,488 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,787) ($2,787) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,813) ($2,813) Reduce training programs not required by regulation or law by utilizing teleconference or Web cast. ($10,000) ($10,000) Decrease state funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. ($1,186,380) ($1,186,380) Provide for a general salary increase of 2.5 % effective January 1, 2009 ($7,031) and for performance increases ($2,813). $9,844 $9,844 a. Provide required state match dollars to support the Money Follows the Person grant to transition a greater number of clients from an institution to the community. b. Reflect anticipated earning of Medical Assistance Program funds ($83,048). $488,517 $571,565 a. Transfer state funds for the Information Technology function from the Administration program to the Elder Community Living Services program to properly reflect where activities occur. b. Reflect transfer of Medical Assistance Program funds ($83,540) for the Information Technology function from the Administration program to the Elder Community Living Services program to properly reflect where activities occur. $7,097 $90,637 Reduce elder retirement communities' contract. ($40,000) ($40,000) Decrease funding for Area Agency on Aging Administration. ($116,000) ($116,000) Decrease state funding for caregiver training and educational materials. ($36,000) ($36,000) Decrease support for Georgia Health Decisions ($100,000) ($100,000) 4572 JOURNAL OF THE SENATE Critical Decisions Guides. Increase funds to reflect projected receipts. Provide a 3% increase for Community Care Service Providers (CCSP). Amount appropriated in this Act $0 $1,350,227 $78,540,174 $241,340 $1,350,227 $120,097,240 26.21. Elder Support Services Purpose: 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 $10,487,636 Federal Funds and Grants $5,901,407 Federal Funds Not Specifically Identified $5,901,407 Other Funds $0 State Funds $4,586,229 Tobacco Funds $2,527,073 State General Funds $2,059,156 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,557,708 $9,459,115 Annualize the cost of the FY 2008 salary adjustment. $1,017 $1,017 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($227) ($227) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($230) ($230) Reduce training programs not required by regulation or law by utilizing teleconference or Web cast. ($20,000) ($20,000) Transfer state funds for the Information Technology function from the Administration program to the Elder Support Services program to properly reflect where activities occur. $2,158 $2,158 Georgia's Nutrition Services Incentive Program awards have decreased resulting in a decrease of 214,285 meals provided to at risk seniors. State funds are requested to replace decrease federal award and provide meals. $1,045,000 $1,045,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($573) and for $803 $803 FRIDAY, APRIL 4, 2008 4573 performance increases ($230). Amount appropriated in this Act $4,586,229 $10,487,636 26.22. Eligibility Determination Purpose: To promote access to health care for low income families, children, pregnant women and persons who are aged, blind or disabled. Total Funds $115,479,879 Federal Funds and Grants $7,822,250 Temporary Assistance for Needy Families Block Grant $500,000 Foster Care Title IV-E $1,982,030 Low-Income Home Energy Assistance $346,557 Federal Funds Not Specifically Identified $4,993,663 Other Funds $4,187,397 Other Funds Not Specifically Identified $4,187,397 State Funds $56,870,673 State General Funds $56,870,673 Intra-State Government Transfers $46,599,559 Medicaid Services Payments - Other Agencies $46,599,559 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $26,942,155 $59,694,750 Annualize the cost of the FY 2008 salary adjustment. $227,013 $227,013 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($50,666) ($50,666) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($51,119) ($51,119) Transfer state funds for the Information Technology function from the Administration program to the Eligibility Determination program to properly reflect where activities occur. Reflect transfer of TANF funds ($3,752,949) for Information Technology function from the Administration program to the Eligibility Determination program to properly reflect where activities occur. Reflect transfer of LowIncome Home Energy Assistance Program funds ($346,557) for the Information Technology function $13,574,742 $42,684,302 4574 JOURNAL OF THE SENATE from the Administration program to the Eligibility Determination program to properly reflect where activities occur. Reflect transfer of Foster Care Title IV-E funds ($1,982,030) for the Information Technology function from the Administration program to the Eligibility Determination program to properly reflect where activities occur. Reflect transfer of Medical Assistance Program funds ($18,034,361) for the Information Technology function from the Administration program to the Eligibility Determination program to properly reflect where activities occur. Reflect transfer of federal funds not itemized funds ($4,993,663) for the Information Technology function from the Administration program to the Eligibility Determination program to properly reflect where activities occur. Transfer state funds from the Support for Needy Families - Work Assistance program to the Eligibility Determination program to align the budget and expenditures. Transfer state funds from the Administration program to the Eligibility Determination program to align the budget and expenditures. Transfer state funds from the Support for Needy Families - Family Assistance program to the Eligibility Determination program to align the budget and expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($127,799) and for performance increases ($51,119). Increase funds to reflect projected receipts. Amount appropriated in this Act $11,924,766 $11,924,766 $1,805,032 $2,319,832 $1,805,032 $2,319,832 $178,918 $178,918 $0 $56,870,673 ($3,252,949) $115,479,879 26.23. Emergency Preparedness/Trauma System Improvement Purpose: Prepare for natural disasters, bioterrorism, and other emergencies, as well as improving the capacity of the state's trauma system. Total Funds $48,983,627 Federal Funds and Grants $42,581,924 Maternal and Child Health Services Block Grant $407,750 Preventive Health and Health Services Block Grant $1,147,504 FRIDAY, APRIL 4, 2008 4575 Federal Funds Not Specifically Identified $41,026,670 Other Funds $0 State Funds $6,401,703 State General Funds $6,401,703 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $13,347,797 $55,467,906 Annualize the cost of the FY 2008 salary adjustment. $40,561 $40,561 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($9,053) ($9,053) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($9,134) ($9,134) Reflect an adjustment in the Workers' Compensation premium rate structure. ($437) ($437) Provide an increase to general grant in aid funding to be distributed based on population, poverty, and the uninsured rate. $0 $0 Provide a general salary increase of 2.5% effective January 1, 2009 ($22,835) and for performance increases ($9,134). $31,969 $31,969 Reduce one-time funds for the purchase of antiviral for pandemic flu. ($7,000,000) ($7,000,000) Increase funds to reflect projected receipts. $0 $461,815 Amount appropriated in this Act $6,401,703 $48,983,627 26.24. Energy Assistance Purpose: To assist low-income households in meeting their immediate home energy needs. Total Funds $28,665,632 Federal Funds and Grants $24,281,180 Low-Income Home Energy Assistance $24,281,180 Other Funds $4,384,452 Other Funds Not Specifically Identified $4,384,452 26.25. Epidemiology Purpose: Monitor, investigate, and respond to disease, injury, and other events of public health concern. 4576 JOURNAL OF THE SENATE Total Funds $12,509,442 Federal Funds and Grants $6,201,500 Preventive Health and Health Services Block Grant $196,750 Federal Funds Not Specifically Identified $6,004,750 Other Funds $53,000 Other Funds Not Specifically Identified $53,000 State Funds $5,996,602 Tobacco Funds $115,637 State General Funds $5,880,965 Intra-State Government Transfers $258,340 Medicaid Services Payments - Other Agencies $205,520 Other Intra-State Government Payments $52,820 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $6,116,285 $11,288,592 Annualize the cost of the FY 2008 salary adjustment. $102,491 $102,491 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($22,875) ($22,875) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($23,080) ($23,080) Reflect an adjustment in the Workers' Compensation premium rate structure. ($242) ($242) Reduce funds to reflect improved contracts management. ($263,500) ($263,500) Provide an increase to general grant in aid funding to be distributed based on population, poverty, and the uninsured rate. $0 $0 a. Transfer state funds for the Information Technology function from the Administration program to properly reflect where activities occur. b. Reflect transfer of Medical Assistance Program funds ($6,745) for the Information Technology function from the Administration program to the Epidemiology program to properly reflect where activities occur. $6,745 $13,490 Provide funds to upgrade the State Electronic $0 $0 FRIDAY, APRIL 4, 2008 4577 Notifiable Disease Surveillance System (SENDSS). Provide for a general salary increase of 2.5% effective January 1, 2009 ($57,698) and for performance increases ($23,080). Increase funds to reflect projected receipts. Amount appropriated in this Act $80,778 $80,778 $0 $5,996,602 $1,333,788 $12,509,442 26.26. Facility and Provider Regulation Purpose: Inspect and license foster care residential facilities, child placing agencies, long term care and health care facilities. Total Funds $16,414,270 Federal Funds and Grants $5,143,141 Foster Care Title IV-E $312,568 Federal Funds Not Specifically Identified $4,830,573 Other Funds $70,000 Other Funds Not Specifically Identified $70,000 State Funds $8,759,268 State General Funds $8,759,268 Intra-State Government Transfers $2,441,861 Medicaid Services Payments - Other Agencies $2,441,861 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $7,995,191 $15,149,085 Annualize the cost of the FY 2008 salary adjustment. $97,355 $97,355 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($21,728) ($21,728) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($21,923) ($21,923) Provide a general salary increase of 2.5% effective January 1, 2009 ($54,807) and for performance increases ($21,923). $76,730 $76,730 a. Transfer state funds for the Information Technology function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur.b. Reflect transfer of Medical Assistance Program funds ($47,552) for the Information Technology $61,054 $168,929 4578 JOURNAL OF THE SENATE function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur.c. Reflect transfer of federal funds not itemized ($60,323) for the Information Technology function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. Eliminate routine x-ray surveys, and implement a survey schedule for only initial inspections and complaint investigations. a. Transfer state funds for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. b. Reflect transfer of Foster Care Title IV-E funds ($25,000) for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. c. Reflect transfer of Medical Assistance Program funds ($52,945) for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. d. Reflect transfer of federal funds not itemized ($245,288) for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. e. Reflect transfer of other funds ($70,000) for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. Amount appropriated in this Act ($174,853) $747,442 ($174,853) $1,140,675 $8,759,268 $16,414,270 26.27. Family Violence Services Purpose: Provide safe shelter and related services for victims of family violence. Total Funds $14,000,708 Federal Funds and Grants $7,848,758 Temporary Assistance for Needy Families Block Grant $5,565,244 Preventive Health and Health Services Block $200,470 FRIDAY, APRIL 4, 2008 4579 Grant Federal Funds Not Specifically Identified $2,083,044 Other Funds $0 State Funds $6,151,950 State General Funds $6,151,950 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $4,701,950 $12,550,708 Increase funds for approved family violence shelters. $815,000 $815,000 Increase funds for rape crisis centers. $635,000 $635,000 Amount appropriated in this Act $6,151,950 $14,000,708 26.28. Federal and Unobligated Balances Purpose: Reflect balances of federal funds from prior years. No services are provided. Total Funds $21,966,009 Federal Funds and Grants $21,966,009 TANF Block Grant - Unobligated Balance $21,966,009 Other Funds $0 State Funds $0 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $39,024,293 Transfer TANF funds ($39,024,293) from the Federal and Unobligated Balances program to the Out of Home Care program to align budget and expenditures. $0 ($65,652,812) Increase funds to reflect the federal unobligated balance on the ACF-196 submission form as of September 30, 2007. $0 $114,247,340 Reflect Unobligated Balance Usage in HB 989 (FY 08 Session). $0 ($65,652,812) Amount appropriated in this Act $0 $21,966,009 26.29. Food Stamp Eligibility & Benefits Purpose: To promote the nutritional well being of Georgia's low-income families and 4580 JOURNAL OF THE SENATE children by providing assistance in purchasing groceries. Total Funds $113,898,192 Federal Funds and Grants $74,295,294 Federal Funds Not Specifically Identified $74,295,294 Other Funds $12,409 Other Funds Not Specifically Identified $12,409 State Funds $39,590,489 State General Funds $39,590,489 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $25,547,915 $57,083,071 Annualize the cost of the FY 2008 salary adjustment. $362,992 $362,992 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($81,014) ($81,014) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($81,740) ($81,740) Transfer state funds from the Support for Needy Families - Family Assistance ($4,840,719) and Support for Needy Families - Basic Assistance ($8,715,527) programs to the Food Stamp Eligibility and Benefits program to align the budget and expenditures. $13,556,246 $13,556,246 Provide for a general salary increase of 2.5% effective January 1, 2009 ($204,350) and for performance increases ($81,740). $286,090 $286,090 Increase funds to reflect projected receipts. $0 $42,772,547 Amount appropriated in this Act $39,590,489 $113,898,192 26.30. Immunization Purpose: Provide immunization, consultation, training, assessment, vaccines, and technical assistance. Total Funds $28,320,117 Federal Funds and Grants $14,566,628 Maternal and Child Health Services Block Grant $6,762,746 Preventive Health and Health Services Block Grant $703,712 FRIDAY, APRIL 4, 2008 4581 Federal Funds Not Specifically Identified $7,100,170 Other Funds $469,946 Agency Funds $469,946 State Funds $11,962,587 State General Funds $11,962,587 Intra-State Government Transfers $1,320,956 Medicaid Services Payments - Other Agencies $1,320,956 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $11,725,931 $26,292,560 Annualize the cost of the FY 2008 salary adjustment. $178,652 $178,652 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($39,872) ($39,872) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($40,229) ($40,229) Reflect an adjustment in the Workers' Compensation premium rate structure. ($2,698) ($2,698) Provide an increase to general grant in aid funding to be distributed based on population, poverty, and the uninsured rate. $0 $0 Reduce funds to reflect improved contracts management. $0 $0 Provide a general salary increase of 2.5% effective January 1, 2009 ($100,574) and for performance increases ($40,229). $140,803 $140,803 Increase funds to reflect projected receipts. $0 $1,790,901 Amount appropriated in this Act $11,962,587 $28,320,117 26.31. Infant and Child Essential Health Treatment Services Purpose: To avoid unnecessary health problems in later life by providing comprehensive health services to infants and children. Total Funds $67,286,692 Federal Funds and Grants $26,814,859 Maternal and Child Health Services Block Grant $8,086,561 Preventive Health and Health Services Block Grant $267,356 4582 JOURNAL OF THE SENATE Federal Funds Not Specifically Identified $18,460,942 Other Funds $0 State Funds $38,933,461 State General Funds $38,933,461 Intra-State Government Transfers $1,538,372 Medicaid Services Payments - Other Agencies $1,538,372 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 95) $38,961,028 $66,900,229 Annualize the cost of the FY 2008 salary adjustment. $606,443 $606,443 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($135,349) ($135,349) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($136,561) ($136,561) Reflect an adjustment in the Workers' Compensation premium rate structure. ($2,565) ($2,565) Provide an increase to general grant in aid funding to be distributed based on population, poverty, and the uninsured rate. $0 $0 Realign local grant in aid to reflect expenses by transferring state funds from Infant and Child Essential Health Treatment Services program to the Inspections and Environmental Hazard Control program. ($1,000,000) ($1,000,000) Provide a general salary increase of 2.5% effective January 1, 2009 ($341,404) and for performance increases ($136,561). $477,965 $477,965 Reduce state funds to eliminate the duplication of services for auditory screening. ($137,500) ($137,500) Continue contract funding for the Division of Public Health, Oral Health Section, and for the Fluoridation Monitoring and Surveillance Program. $0 $0 Provide funds for a new, specially equipped bus to perform sickle cell anemia testing throughout the state. $300,000 $300,000 Increase funds to reflect projected receipts. $0 $414,030 Amount appropriated in this Act $38,933,461 $67,286,692 FRIDAY, APRIL 4, 2008 4583 Provided, however, from the appropriation of State General Funds designated above for program 26.31. Genetics/Sickle Cell, the amount of $300,000 is specifically appropriated for this purpose: "Provide funds for a new, specially equipped bus to perform sickle cell anemia testing throughout the state. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 26.31. Genetics/Sickle Cell above may be used for this specific purpose as well. 26.32. Infant and Child Health Promotion Purpose: To provide education and services to promote health and nutrition for infants and children. Total Funds $300,923,853 Federal Funds and Grants $264,580,289 Maternal and Child Health Services Block Grant $3,813,329 Preventive Health and Health Services Block Grant $156,221 Federal Funds Not Specifically Identified $260,610,739 Other Funds $49,137 Agency Funds $41,840 Other Funds Not Specifically Identified $7,297 State Funds $29,858,162 State General Funds $29,858,162 Intra-State Government Transfers $6,436,265 Medicaid Services Payments - Other Agencies $6,365,577 Other Intra-State Government Payments $70,688 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $20,972,559 $293,688,733 Annualize the cost of the FY 2008 salary adjustment. $2,556,473 $2,556,473 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($570,567) ($570,567) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($575,679) ($575,679) Transfer state funds from the Infant and Child Health Promotion program to the Adolescent and Adult Health Promotion program to accurately ($165,188) ($165,188) 4584 JOURNAL OF THE SENATE reflect salary and health benefit increases from FY 2008. Provide an increase to general grant in aid funding to be distributed based on population, poverty, and the uninsured rate. a.Transfer state funds for the Information Technology function from the Administration program to the Infant and Child Health Promotion program to properly reflect where activities occur.b.Reflect transfer of Medical Assistance Program funds ($875) for the Information Technology function from the Administration program to the Infant and Child Health Promotion program to properly reflect where activities occur.c.Reflect transfer of federal funds not itemized funds ($5,343) for the Information Technology function from the Administration program to the Infant and Child Health Promotion program to properly reflect where activities occur. Reflect fees collected by the newborn screening program. Reduce one-time funds for YMCA Youth Fit for Life program. Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,439,198) and for performance increases ($575,679). Increase funds to reflect projected receipts. Amount appropriated in this Act $0 $25,687 $0 $31,905 $5,600,000 $0 $2,014,877 $5,600,000 $0 $2,014,877 $0 $29,858,162 ($1,656,701) $300,923,853 26.33. Infectious Disease Control Purpose: Ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases. Total Funds $101,602,195 Federal Funds and Grants $59,225,277 Maternal and Child Health Services Block Grant $484,489 Federal Funds Not Specifically Identified $58,740,788 Other Funds $150,000 Other Funds Not Specifically Identified $150,000 State Funds $41,912,787 State General Funds $41,912,787 Intra-State Government Transfers $314,131 FRIDAY, APRIL 4, 2008 4585 Medicaid Services Payments - Other Agencies $314,131 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $39,203,771 $96,123,921 Annualize the cost of the FY 2008 salary adjustment. $781,039 $781,039 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($174,316) ($174,316) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($175,878) ($175,878) a. Transfer state funds from the Adolescent and Adult Health Promotion program to the Infectious Disease Control program to more accurately reflect laboratory activities. b. Reflect transfer of Medical Assistance Program funds ($145,397) from the Adolescent and Adult Health Promotion program to the Infectious Disease Control program to more accurately reflect laboratory activities. $523,126 $668,523 Transfer state funds from the Administration program to the Infectious Disease Control program to fund laboratory administrative positions in the program where activities occur. $787,183 $787,183 Provide an increase to general grant in aid funding to be distributed based on population, poverty, and the uninsured rate. $0 $0 Provide a general salary increase of 2.5% effective January 1, 2009 ($439,695) and for performance increases ($175,878). $615,573 $615,573 Transfer state funds for the Information Technology function from the Administration program to the Infectious Disease Control program to properly reflect where activities occur. $111,054 $111,054 Realign local grant in aid funding to reflect expenses by transferring state funds from the Infectious Disease Control program to the Inspections and Environmental Hazard Control program. ($500,000) ($500,000) Provide a special salary adjustment for Public Health nurses paid less than 75% of market salary. $741,235 $741,235 Increase funds to reflect projected receipts. $0 $2,623,861 Amount appropriated in this Act $41,912,787 $101,602,195 4586 JOURNAL OF THE SENATE 26.34. Injury Prevention Purpose: To provide education and services to prevent injuries due to suicide, fires, automobile accidents, violence against women, shaken babies, and child accidents. Total Funds $3,280,583 Federal Funds and Grants $1,222,145 Preventive Health and Health Services Block Grant $112,005 Federal Funds Not Specifically Identified $1,110,140 Other Funds $0 State Funds $1,257,613 Tobacco Funds $150,000 State General Funds $1,107,613 Intra-State Government Transfers $800,825 Medicaid Services Payments - Other Agencies $29,425 Other Intra-State Government Payments $771,400 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,217,701 $2,354,492 Annualize the cost of the FY 2008 salary adjustment. $29,790 $29,790 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($6,648) ($6,648) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($6,708) ($6,708) Provide an increase to general grant in aid funding to be distributed based on population, poverty, and the uninsured rate. $0 $0 Provide a general salary increase of 2.5% effective January 1, 2009 ($16,770) and for performance increases ($6,708). $23,478 $23,478 Increase funds to reflect projected receipts. $0 $886,179 Amount appropriated in this Act $1,257,613 $3,280,583 26.35. Inspections and Environmental Hazard Control Purpose: Detect and prevent environmental hazards, as well as providing inspection and enforcement of health regulations for food service establishments, sewage management facilities, and swimming pools. FRIDAY, APRIL 4, 2008 4587 Total Funds $20,718,411 Federal Funds and Grants $1,276,467 Maternal and Child Health Services Block Grant $200,210 Preventive Health and Health Services Block Grant $336,772 Federal Funds Not Specifically Identified $739,485 Other Funds $438,262 Other Funds Not Specifically Identified $438,262 State Funds $18,927,060 State General Funds $18,927,060 Intra-State Government Transfers $76,622 Medicaid Services Payments - Other Agencies $76,622 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $15,025,089 $16,599,210 Annualize the cost of the FY 2008 salary adjustment. $95,621 $95,621 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($21,341) ($21,341) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($21,532) ($21,532) Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,535) ($1,535) Transfer state funds from the Administration program to the Inspections and Environmental Hazard Control program to fund environmental health director positions in the program where activities occur. $1,240,352 $1,240,352 Provide an increase to general grant in aid funding to be distributed based on population, poverty, and the uninsured rate. $0 $0 a. Transfer state funds for the Information Technology function from the Administration program to the Inspections and Environmental Hazard Control program to properly reflect where activities occur. b. Reflect transfer of Medical Assistance Program funds ($3,500) for the Information Technology $35,043 $38,543 4588 JOURNAL OF THE SENATE function from the Administration program to the Inspections and Environmental Hazard Control program to properly reflect where activities occur. Realign local grant in aid to reflect expenses by transferring state funds from the Adolescent and Adult Health Promotion ($1,000,000), Infant and Child Essential Health Treatment Services ($1,000,000), and Infectious Disease Control ($500,000) programs to the Inspections and Environmental Hazard Control program. Provide a general salary increase of 2.5% effective January 1, 2009 ($53,831) and for performance increases ($21,532). Increase funds to reflect projected receipts. Amount appropriated in this Act $2,500,000 $2,500,000 $75,363 $75,363 $0 $18,927,060 $213,730 $20,718,411 26.36. Out-of-Home Care Purpose: Provide safe and appropriate temporary homes for children removed from their families due to neglect, abuse, or abandonment. Total Funds $342,260,865 Federal Funds and Grants $147,982,830 Temporary Assistance for Needy Families Block Grant $90,814,092 Foster Care Title IV-E $44,836,738 Federal Funds Not Specifically Identified $12,332,000 Other Funds $78,406,169 Agency Funds $78,406,169 State Funds $115,871,866 State General Funds $115,871,866 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $113,680,260 $209,614,532 Transfer state funds from the Support for Needy Families - Basic Assistance program to the Out of Home Care program to align the budget and expenditures. $1,500,000 $1,500,000 Transfer state funds from the Child Welfare Services program to the Out of Home Care program to properly reflect the initial and annual clothing $1,486,400 $1,486,400 FRIDAY, APRIL 4, 2008 4589 allowance budget in the correct program. Delete Medicaid Patient Pay funds in FY 2009 due to discontinuation of the Level of Care program June 30, 2007. Decrease funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. Reflect anticipated earning of Title IV-E Foster Care funding. Transfer TANF funds ($39,024,293) from the Federal and Unobligated Balances program to the Out of Home Care program. Provide funds for Psychological Residential Treatment Facilities (PRTF's) to allow for a rate increase in per diem from $299 to $309 a day. Increase funds to reflect projected receipts. Amount appropriated in this Act $0 ($15,372,629) ($794,794) $0 $0 ($794,794) $20,667,385 $39,024,293 $0 $0 $0 $115,871,866 $86,135,678 $342,260,865 26.37. Refugee Assistance Purpose: To provide employment, health screening, medical, cash, and social services assistance to refugees. Total Funds $4,874,816 Federal Funds and Grants $4,839,816 Temporary Assistance for Needy Families Block Grant $5,000 Federal Funds Not Specifically Identified $4,834,816 Other Funds $0 State Funds $0 Intra-State Government Transfers $35,000 Medicaid Services Payments - Other Agencies $35,000 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 95) $0 $4,734,006 Increase funds to reflect projected revenue receipts. $0 $140,810 Amount appropriated in this Act $0 $4,874,816 26.38. Substance Abuse Prevention Services Purpose: 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. 4590 JOURNAL OF THE SENATE Total Funds $24,325,814 Federal Funds and Grants $22,893,042 Prevention and Treatment of Substance Abuse Block Grant $19,978,441 Federal Funds Not Specifically Identified $2,914,601 Other Funds $194,000 Agency Funds $194,000 State Funds $1,238,772 State General Funds $1,238,772 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,128,009 $21,850,850 Annualize the cost of the FY 2008 salary adjustment. $82,673 $82,673 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($18,451) ($18,451) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($18,616) ($18,616) Provide a general salary increase of 2.5% effective January 1, 2009 ($46,541) and for performance increases ($18,616). $65,157 $65,157 Increase funds to reflect projected revenue receipts. $0 $2,364,201 Amount appropriated in this Act $1,238,772 $24,325,814 26.39. Support for Needy Families - Basic Assistance Purpose: To provide cash assistance to needy families in compliance with Georgia's state plan for the federal Temporary Assistance for Needy Families program. Total Funds $65,752,812 Federal Funds and Grants $65,652,812 TANF Block Grant - Unobligated Balance $65,652,812 Other Funds $0 State Funds $100,000 State General Funds $100,000 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, APRIL 4, 2008 4591 Amount from prior Appropriation Act (HB 95) Transfer state funds from the Support for Needy Families - Basic Assistance program to the Out of Home Care ($1,500,000) and the Food Stamp Eligibility and Benefits ($8,715,527) programs to align the budget and expenditures. Reduce TANF funds ($12,000,000) in Support for Needy Families - Basic Assistance Program to reflect a reduction in TANF caseloads. Amount appropriated in this Act State Funds $10,315,527 ($10,215,527) Total Funds $87,968,339 ($10,215,527) $0 ($12,000,000) $100,000 $65,752,812 26.40. Support for Needy Families - Family Assistance Purpose: 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 $56,578,359 Federal Funds and Grants $48,354,536 Temporary Assistance for Needy Families Block Grant $29,526,128 Community Service Block Grant $17,185,183 Federal Funds Not Specifically Identified $1,643,225 Other Funds $0 State Funds $6,464,606 State General Funds $6,464,606 Intra-State Government Transfers $1,759,217 Medicaid Services Payments - Other Agencies $1,759,217 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $19,744,139 $67,398,675 Annualize the cost of the FY 2008 salary adjustment. $905,480 $905,480 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($202,090) ($202,090) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($203,900) ($203,900) Transfer state funds from the Support for Needy Families - Family Assistance program to the Child Welfare Services ($8,935,293), Food Stamp ($16,095,844) ($16,095,844) 4592 JOURNAL OF THE SENATE Eligibility and Benefits ($4,840,719) and Eligibility Determination ($2,319,832) programs to align the budget and expenditures. Transfer TANF funds ($2,000,000) from the Administration program to the Support for Needy Families - Family Assistance program to align the budget and expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($509,751), for performance increases ($203,900), and for employees in specified critical jobs ($1,581,570). Delete one-time funds for Department of Family and Children Services County Office relocations, renovations and expansions. Increase funds to reflect projected revenue receipts. Amount appropriated in this Act $0 $2,000,000 $2,295,221 $2,295,221 $21,600 $21,600 $0 $6,464,606 $459,217 $56,578,359 26.41. Support for Needy Families - Work Assistance Purpose: 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 $49,234,348 Federal Funds and Grants $41,519,348 Temporary Assistance for Needy Families Block Grant $39,116,253 CCDF Mandatory & Matching Funds $6,500 Federal Funds Not Specifically Identified $2,396,595 Other Funds $0 State Funds $7,695,000 State General Funds $7,695,000 Intra-State Government Transfers $20,000 Medicaid Services Payments - Other Agencies $20,000 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 95) $26,000,000 $69,010,374 Transfer state funds from the Support for Needy Families - Work Assistance program to the Child Welfare Services ($6,380,234) and the Eligibility Determination ($11,924,766) programs to align the ($18,305,000) ($18,305,000) FRIDAY, APRIL 4, 2008 4593 budget and services. Eliminate the GoodWorks contract with the Department of Labor and use savings to fund the shortfall in Child Care Services. Increase funds to reflect projected revenue receipts. Amount appropriated in this Act $0 ($2,913,026) $0 $7,695,000 $1,442,000 $49,234,348 26.42. Vital Records Purpose: Register, enter, archive and provide to the public in a timely manner, vital records and associated documents. Total Funds $4,265,123 Federal Funds and Grants $500,680 Federal Funds Not Specifically Identified $500,680 Other Funds $0 State Funds $3,764,443 State General Funds $3,764,443 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,830,465 $3,735,145 Annualize the cost of the FY 2008 salary adjustment. $138,633 $138,633 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($30,941) ($30,941) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($31,218) ($31,218) Transfer state funds for the Information Technology function from the Administration program to the Vital Records program to properly reflect where activities occur. $748,241 $748,241 Provide a general salary increase of 2.5% effective January 1, 2009 ($78,045) and for performance increases ($31,218). $109,263 $109,263 Adjust funds to reflect projected revenue receipts. $0 ($404,000) Amount appropriated in this Act $3,764,443 $4,265,123 The following appropriations are for agencies attached for administrative purposes. 4594 JOURNAL OF THE SENATE 26.43. Brain and Spinal Injury Trust Fund Purpose: 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 $2,103,250 Federal Funds and Grants $100,000 Federal Funds Not Specifically Identified $100,000 Other Funds $3,250 Agency Funds $3,250 State Funds $2,000,000 Brain and Spinal Injury Trust Fund $1,968,993 State General Funds $31,007 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,063,194 $3,063,194 Reflect anticipated revenue collections. ($1,094,201) ($1,094,201) Add state general funds to cover increases in operating expenses. $16,004 $16,004 Recognize receipt of federal HRSA grant dollars. $0 $100,000 Add state general funds to cover increases in operating expenses. $15,003 $15,003 Increase funds to reflect projected revenue receipts. $0 $3,250 Annualize the cost of the FY08 salary adjustment. $0 $0 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. $0 $0 Increase funds to reflect an adjustment in Worker's Compensation premiums. $0 $0 Amount appropriated in this Act $2,000,000 $2,103,250 26.44. Child Fatality Review Panel Purpose: 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 $452,349 Federal Funds and Grants $72,534 Federal Funds Not Specifically Identified $72,534 Other Funds $0 State Funds $379,815 State General Funds $379,815 FRIDAY, APRIL 4, 2008 4595 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $371,297 $436,297 Annualize the cost of the FY 2008 salary adjustment. $6,829 $6,829 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,285) ($1,285) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,313) ($1,313) Reflect an adjustment in the Workers' Compensation premium rate structure. ($307) ($307) Provide for a general salary increase of 2.5% effective January 1, 2009 ($3,281), and for performance increases ($1,313). $4,594 $4,594 Increase funds to reflect projected receipts. $0 $7,534 Amount appropriated in this Act $379,815 $452,349 26.45. Children's Trust Fund Commission Purpose: Support the establishment of community-based educational and service programs designed to reduce the occurrence of child abuse and neglect. Total Funds $10,018,075 Federal Funds and Grants $2,336,481 Temporary Assistance for Needy Families Block Grant $250,000 Federal Funds Not Specifically Identified $2,086,481 Other Funds $389,692 Agency Funds $305,470 Other Funds Not Specifically Identified $84,222 State Funds $7,291,902 State General Funds $7,291,902 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $7,532,772 $8,275,073 Annualize the cost of the FY 2008 salary adjustment. $7,909 $7,909 4596 JOURNAL OF THE SENATE Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,403) ($1,403) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,433) ($1,433) Reflect an adjustment in the Workers' Compensation premium rate structure. ($959) ($959) Reduce one-time funding to Children's Advocacy Centers for a web based tracking system. ($250,000) ($250,000) Provide for a general salary increase of 2.5% effective January 1, 2009 ($3,583) and for performance increases ($1,433). $5,016 $5,016 Reduce funds from the base budget for the Sunshine House Children Advocacy Center. ($125,000) ($125,000) Increase funds for the Sunshine House Children Advocacy Center. $125,000 $125,000 Increase funds to reflect projected receipts. $0 $1,983,872 Amount appropriated in this Act $7,291,902 $10,018,075 Provided, however, from the appropriation of State General Funds designated above for program 26.45. Children's Trust Fund Commission, the amount of $125,000 is specifically appropriated for this purpose: "Increase funds for the Sunshine House Children Advocacy Center". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 27.45. Children's Trust Fund Commission above may be used for this specific purpose as well. 26.46. Council on Aging Purpose: Assist older individuals, at-risk adults, persons with disabilities, their families and caregivers in achieving safe, healthy, independent and self-reliant lives. Total Funds $252,352 Federal Funds and Grants $0 Other Funds $0 State Funds $252,352 State General Funds $252,352 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $193,064 $193,064 Annualize the cost of the FY 2008 salary adjustment. $4,097 $4,097 Reflect an adjustment in the employer share of the ($856) ($856) FRIDAY, APRIL 4, 2008 4597 State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Increase funds to cover increases in per diem and travel expenses for board members. Provide for a general salary increase of 2.5% effective January 1, 2009 ($2,185) and for performance increases ($874). Increase funds for the preparation of a report for Project 2020. Amount appropriated in this Act $0 ($874) $3,862 $3,059 $50,000 $252,352 $0 ($874) $3,862 $3,059 $50,000 $252,352 26.47. Developmental Disabilities, Council on Purpose: Promote quality services and support for people with developmental disabilities and their families. Total Funds $2,266,734 Federal Funds and Grants $2,195,817 Federal Funds Not Specifically Identified $2,195,817 Other Funds $0 State Funds $70,917 State General Funds $70,917 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $58,083 $2,320,085 Annualize the cost of the FY 2008 salary adjustment. $6,352 $6,352 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($4,173) ($4,173) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($4,262) ($4,262) Reduce federal funds ($66,185) to reflect actual grant award amount. $0 ($66,185) Provide for a general salary increase of 2.5% effective January 1, 2009 ($10,655) and for performance increases ($4,262). $14,917 $14,917 Amount appropriated in this Act $70,917 $2,266,734 4598 JOURNAL OF THE SENATE 26.48. Family Connection Purpose: Provide a statewide network of county collaboratives that work to improve conditions for children and families. Total Funds Federal Funds and Grants Temporary Assistance for Needy Families Block Grant Other Funds State Funds State General Funds Intra-State Government Transfers Medicaid Services Payments - Other Agencies $12,069,608 $1,200,000 $1,200,000 $0 $9,600,837 $9,600,837 $1,268,771 $1,268,771 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $9,406,637 $11,875,408 Annualize the cost of the FY 2008 salary adjustment. $4,267 $4,267 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,159) ($1,159) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,184) ($1,184) Provide funds to expand the outcome analysis initiative to evaluate county collaborative effectiveness and provide guidance to improve strategic outcomes. Provide funds to identify possible funding mechanisms for county collaboratives with the goal of independent sustainability. $188,133 $188,133 Provide for a general salary increase of 2.5% effective January 1, 2009 ($2,959), and for performance increases ($1,184). $4,143 $4,143 Provide funds for Connecting Henry, Inc. for a multi-jurisdictional collaborative to address the high drop out rate in the community. (CC:Move to Children and Youth Coordinating Council.) $0 $0 Amount appropriated in this Act $9,600,837 $12,069,608 FRIDAY, APRIL 4, 2008 4599 26.49. Sexual Offender Review Board Total Funds $955,737 Federal Funds and Grants $0 Other Funds $0 State Funds $955,737 State General Funds $955,737 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $336,001 $336,001 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($602) ($602) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($615) ($615) Provide one-time funds to address current case backlog. $300,400 $300,400 Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,538), and for performance increases ($615). $2,153 $2,153 Increase funds to manage current and projected workload. $318,400 $318,400 Amount appropriated in this Act $955,737 $955,737 Section 27: Insurance, Office of the Commission of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $20,281,912 $954,555 $954,555 $97,232 $81,806 $15,426 $19,230,125 $19,230,125 $0 27.1. Administration Purpose: 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 $2,490,268 4600 JOURNAL OF THE SENATE Federal Funds and Grants $0 Other Funds $0 State Funds $2,490,268 State General Funds $2,490,268 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,445,169 $2,445,169 Annualize the cost of the FY 2008 salary adjustment. $34,245 $34,245 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($9,090) ($9,090) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($9,932) ($9,932) Reflect an adjustment in the Workers' Compensation premium rate structure. ($4,902) ($4,902) Provide for a general salary increase of 2.5% effective January 1, 2009 ($24,831), for performance increases ($9,932), and for structure adjustments to the statewide salary plan ($15). $34,778 $34,778 Amount appropriated in this Act $2,490,268 $2,490,268 27.2. Enforcement Purpose: Provide legal advice and initiate legal proceedings with regard to enforcement of specific provisions of state law relating to insurance, industrial loan, fire safety and fraud. Total Funds $883,508 Federal Funds and Grants $0 Other Funds $0 State Funds $883,508 State General Funds $883,508 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $866,292 $866,292 Annualize the cost of the FY 2008 salary $11,559 $11,559 FRIDAY, APRIL 4, 2008 4601 adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($11,518), for performance increases ($4,607), and for structure adjustments to the statewide salary plan ($8). Amount appropriated in this Act ($4,216) $0 $0 ($4,607) ($1,653) $16,133 ($4,216) $0 $0 ($4,607) ($1,653) $16,133 $883,508 $883,508 27.3. Fire Safety Purpose: Create a fire safe environment in the state that protects the public from fire and limits the loss of life and property. Total Funds $6,700,976 Federal Funds and Grants $954,555 Federal Funds Not Specifically Identified $954,555 Other Funds $97,232 Agency Funds $81,806 Other Funds Not Specifically Identified $15,426 State Funds $5,649,189 State General Funds $5,649,189 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $5,525,325 $6,577,112 Annualize the cost of the FY 2008 salary adjustment. $89,077 $89,077 To adjust Other Funds due to projected expenditures. $0 $0 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($27,199) ($27,199) Increase the GBA real estate rental rate for office space. $0 $0 4602 JOURNAL OF THE SENATE Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($74,298), for performance increases ($29,719), and for structure adjustments to the statewide salary plan ($50). Amount appropriated in this Act $0 ($29,719) ($12,362) $104,067 $0 ($29,719) ($12,362) $104,067 $5,649,189 $6,700,976 27.3. Industrial Loan Purpose: Protect customers by licensing, regulating, and examining finance companies that provide consumer loans of $3,000 or less. Total Funds $782,187 Federal Funds and Grants $0 Other Funds $0 State Funds $782,187 State General Funds $782,187 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $769,025 $769,025 Annualize the cost of the FY 2008 salary adjustment. $10,356 $10,356 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,473) ($2,473) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,702) ($2,702) Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,480) ($1,480) Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,754), for performance increases ($2,702), and for structure adjustments to the statewide salary plan ($5). $9,461 $9,461 Amount appropriated in this Act $782,187 $782,187 FRIDAY, APRIL 4, 2008 4603 27.4. Insurance Regulation Purpose: Ensure that licensed insurance entities maintain solvency, comply with state law and adopted rules, regulations, and standards. Total Funds $6,090,259 Federal Funds and Grants $0 Other Funds $0 State Funds $6,090,259 State General Funds $6,090,259 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $5,981,530 $5,981,530 Annualize the cost of the FY 2008 salary adjustment. $81,627 $81,627 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($22,386) ($22,386) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($24,461) ($24,461) Reflect an adjustment in the Workers' Compensation premium rate structure. ($11,705) ($11,705) Provide for a general salary increase of 2.5% effective January 1, 2009 ($61,152), for performance increases ($24,461), and for structure adjustments to the statewide salary plan ($41). $85,654 $85,654 Amount appropriated in this Act $6,090,259 $6,090,259 27.5. Special Fraud Purpose: Identify and take appropriate action to deter insurance fraud. Total Funds $3,334,714 Federal Funds and Grants $0 Other Funds $0 State Funds $3,334,714 State General Funds $3,334,714 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 4604 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($35,335), for performance increases ($14,134), and for structure adjustments to the statewide salary plan ($24). Amount appropriated in this Act State Funds $3,277,477 $40,572 ($12,935) Total Funds $3,277,477 $40,572 ($12,935) $0 $0 ($14,134) ($5,759) $49,493 $0 $0 ($14,134) ($5,759) $49,493 $3,334,714 $3,334,714 Section 28: Investigation, Georgia Bureau of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $135,081,645 $40,844,247 $40,844,247 $16,953,830 $16,953,830 $77,283,568 $77,283,568 $0 28.1. Administration Purpose: 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 $10,003,955 Federal Funds and Grants $100,668 Federal Funds Not Specifically Identified $100,668 Other Funds $1,434 Other Funds Not Specifically Identified $1,434 State Funds $9,901,853 State General Funds $9,901,853 FRIDAY, APRIL 4, 2008 4605 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $11,038,239 $11,046,485 Annualize the cost of the FY 2008 salary adjustment. $54,447 $54,447 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($19,234) ($19,234) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($20,120) ($20,120) Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,060) ($1,060) Eliminate one-time funds for major repairs and renovations to statewide offices. ($118,000) ($118,000) Eliminate one-time funds for an electrical upgrade at the headquarters facility. ($1,050,000) ($1,050,000) Reduce funds for operations. ($52,841) ($52,841) Increase Federal funds ($93,856) to reflect projected expenditures for FY 2009. $0 $93,856 Provide for a general salary increase of 2.5% effective January 1, 2009 ($50,302), and for performance increases ($20,120). $70,422 $70,422 Amount appropriated in this Act $9,901,853 $10,003,955 28.2. Centralized Scientific Services Purpose: Provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence. Total Funds $16,551,034 Federal Funds and Grants $1,859,298 Federal Funds Not Specifically Identified $1,859,298 Other Funds $155,610 Other Funds Not Specifically Identified $155,610 State Funds $14,536,126 State General Funds $14,536,126 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 4606 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Increase Federal funds ($1,859,298) and Other funds ($152,009) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($150,285), for performance increases ($60,115), for special adjustments to selected job classes ($246,580), and for structure adjustments to the statewide salary plan ($31,277). Provide funds for special pay raise effective January 1, 2009 to address retention issues for: Crime Lab Scientist 3, Assistant Crime Lab Associates and Crime Lab Associates. Amount appropriated in this Act State Funds $13,821,542 $287,501 ($57,468) Total Funds $13,825,143 $287,501 ($57,468) $0 ($60,115) ($2,634) $0 $0 ($60,115) ($2,634) $2,011,307 $369,980 $369,980 $177,320 $177,320 $14,536,126 $16,551,034 28.3. Criminal Justice Information Services Purpose: Provide fingerprint identification and processing of criminal history source documents to create and update criminal history records. Total Funds $15,046,292 Federal Funds and Grants $4,003,184 Federal Funds Not Specifically Identified $4,003,184 Other Funds $2,604 Other Funds Not Specifically Identified $2,604 State Funds $11,040,504 State General Funds $11,040,504 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $10,458,309 $10,460,913 FRIDAY, APRIL 4, 2008 4607 Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide funding for computer maintenance services ($291,067), and infrastructure costs ($379,896) for the Computerized Criminal History (CCH) system and the Law Enforcement Message Switch (LEMS). Eliminate one-time funds to relocate servers and communication equipment located at headquarters. Increase Federal funds ($4,003,184) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($100,256), and for performance increases ($40,102). Amount appropriated in this Act $76,333 ($38,337) $0 ($40,102) ($1,889) $670,963 $76,333 ($38,337) $0 ($40,102) ($1,889) $670,963 ($225,131) $0 $140,358 ($225,131) $4,003,184 $140,358 $11,040,504 $15,046,292 28.4. Georgia Information Sharing and Analysis Center (GISAC) Purpose: 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 Funds $1,299,918 Federal Funds and Grants $360,025 Federal Funds Not Specifically Identified $360,025 Other Funds $479 Other Funds Not Specifically Identified $479 State Funds $939,414 State General Funds $939,414 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $890,529 $891,008 Annualize the cost of the FY 2008 salary adjustment. $8,208 $8,208 Reflect an adjustment in the employer share of the ($3,451) ($3,451) 4608 JOURNAL OF THE SENATE State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Increase Federal funds ($360,025) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($9,026), and for performance increases ($3,610). Provide funds for special pay raise effective January 1, 2009 to address retention issues for: Special Agent 3, Assistant Special Agent in Charge and Special Agent in Charge. Amount appropriated in this Act $0 ($3,610) ($187) $0 $12,636 $35,289 $0 ($3,610) ($187) $360,025 $12,636 $35,289 $939,414 $1,299,918 28.5. Regional Forensic Services Purpose: Provide pathology services to determine cause and manner of death. Total Funds $9,020,289 Federal Funds and Grants $0 Other Funds $2,255 Other Funds Not Specifically Identified $2,255 State Funds $9,018,034 State General Funds $9,018,034 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $8,484,642 $8,486,897 Annualize the cost of the FY 2008 salary adjustment. $97,724 $97,724 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($33,667) ($33,667) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($35,218) ($35,218) Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,694) ($1,694) Eliminate one-time funds for major repairs and renovations to statewide regional offices. ($129,000) ($129,000) FRIDAY, APRIL 4, 2008 4609 Provide funding for expansion of DNA testing to include felony probationers to assist in solving open unsolved and cold case crimes as prescribed in HB 314. Fill one vacant toxicology scientist position at the Summerville regional lab to reduce the backlog in toxicology cases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($88,045), and for performance increases ($35,218). Properly reflect special adjustments to selected job classes by transferring $87,000 from Centralized Scientific Services to Regional Forensic Services. Provide funds for special pay raise effective January 1, 2009 to address retention issues for: Crime Lab Scientist 3, Assistant Crime Lab Associates and Crime Lab Associates. Amount appropriated in this Act $238,366 $238,366 $50,118 $123,263 $87,000 $136,500 $50,118 $123,263 $87,000 $136,500 $9,018,034 $9,020,289 28.6. Regional Investigative Services Purpose: Identify, collect, preserve, and process evidence located during crime scene examinations. Total Funds $29,160,209 Federal Funds and Grants $1,435,444 Federal Funds Not Specifically Identified $1,435,444 Other Funds $238,761 Other Funds Not Specifically Identified $238,761 State Funds $27,486,004 State General Funds $27,486,004 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $25,545,794 $25,750,276 Annualize the cost of the FY 2008 salary adjustment. $399,268 $399,268 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($95,545) ($95,545) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($99,946) ($99,946) 4610 JOURNAL OF THE SENATE Reflect an adjustment in the Workers' Compensation premium rate structure. Increase Federal funds ($1,435,444) and Other funds ($34,279) to reflect projected expenditures for FY 2009. Eliminate one-time funds for the Georgia SecureID initiative. Transfer funds to Special Operations Unit program to properly align the budget with anticipated expenditures. Eliminate one-time funds for major repairs and renovations to statewide regional offices. Eliminate one-time funds associated with increasing the size of the Meth Force. Provide funds for increased gasoline cost for the fleet in the Regional Investigative Services and Special Operations Unit programs. Eliminate one-time funds associated with the Child Safety Initiative. Provide funds to add five agent positions, one Forensic Computer Specialist position, one Intelligence Analyst position and one Investigative Assistant position to establish the Identity Theft Unit to investigate identity fraud and other criminal activities associated with incidents of identity fraud. Provide for a general salary increase of 2.5% effective January 1, 2009 ($249,864), and for performance increases ($99,946). Properly reflect structure adjustment to the statewide salary plan by transferring $31,277 from Centralized Scientific Services to Regional Investigative Services. Provide funds for special pay raise effective January 1, 2009 to address retention issues for: Special Agent 3, Assistant Special Agent in Charge and Special Agent in Charge. Amount appropriated in this Act ($4,448) $0 ($89,262) ($50,000) ($236,000) ($339,153) $20,000 ($302,632) $1,067,298 ($4,448) $1,469,723 ($89,262) ($50,000) ($236,000) ($339,153) $20,000 ($302,632) $1,067,298 $349,810 $31,277 $349,810 $31,277 $1,289,543 $1,289,543 $27,486,004 $29,160,209 28.7. Special Operations Unit Purpose: The purpose of this appropriation is to respond to requests from law enforcement agencies statewide in order to render safe explosive devices of all types, and to assist in the identification, arrest and prosecution of individuals. Total Funds $3,946,875 FRIDAY, APRIL 4, 2008 4611 Federal Funds and Grants $3,023,756 Federal Funds Not Specifically Identified $3,023,756 Other Funds $200 Other Funds Not Specifically Identified $200 State Funds $922,919 State General Funds $922,919 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $784,154 $784,354 Annualize the cost of the FY 2008 salary adjustment. $19,922 $19,922 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,838) ($2,838) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,968) ($2,968) Reflect an adjustment in the Workers' Compensation premium rate structure. ($34) ($34) Transfer funds from Regional Investigative Services to properly align the budget with anticipated expenditures. $50,000 $50,000 Provide funds for increased gasoline cost for the fleet in the Regional Investigative Services and Special Operations Unit programs. $30,000 $30,000 Increase Federal funds ($3,023,756) to reflect projected expenditures for FY 2009. $0 $3,023,756 Provide for a general salary increase of 2.5% effective January 1, 2009 ($7,421), and for performance increases ($2,968). $10,389 $10,389 Provide funds for special pay raise effective January 1, 2009 to address retention issues for: Special Agent 3, Assistant Special Agent in Charge and Special Agent in Charge. $34,294 $34,294 Amount appropriated in this Act $922,919 $3,946,875 28.8. State Healthcare Fraud Unit Purpose: Identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. Total Funds $5,643,087 4612 JOURNAL OF THE SENATE Federal Funds and Grants $4,396,250 Federal Funds Not Specifically Identified $4,396,250 Other Funds $2,111 Other Funds Not Specifically Identified $2,111 State Funds $1,244,726 State General Funds $1,244,726 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,169,237 $1,169,624 Annualize the cost of the FY 2008 salary adjustment. $5,491 $5,491 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,468) ($2,468) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,582) ($2,582) Reflect an adjustment in the Workers' Compensation premium rate structure. ($151) ($151) Increase Federal funds ($4,396,250) and Other funds ($1,724) to reflect projected expenditures for FY 2009. $0 $4,397,974 Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,455), and for performance increases ($2,582). $9,037 $9,037 Provide funds for special pay raise effective January 1, 2009 to address retention issues for: Special Agent 3, Assistant Special Agent in Charge and Special Agent in Charge. $66,162 $66,162 Amount appropriated in this Act $1,244,726 $5,643,087 28.9. Task Forces Purpose: Provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces. Total Funds $1,302,355 Federal Funds and Grants $0 Other Funds $376 Other Funds Not Specifically Identified $376 State Funds $1,301,979 FRIDAY, APRIL 4, 2008 4613 State General Funds Intra-State Government Transfers $1,301,979 $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,177,570 $1,177,946 Annualize the cost of the FY 2008 salary adjustment. $19,639 $19,639 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($4,765) ($4,765) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($4,985) ($4,985) Reflect an adjustment in the Workers' Compensation premium rate structure. ($262) ($262) Provide for a general salary increase of 2.5% effective January 1, 2009 ($12,461), and for performance increases ($4,984). $17,445 $17,445 Provide funds for special pay raise effective January 1, 2009 to address retention issues for: ASAC/MJTF. $97,337 $97,337 Amount appropriated in this Act $1,301,979 $1,302,355 The following appropriations are for agencies attached for administrative purposes. 28.10. Criminal Justice Coordinating Council Purpose: 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 $43,107,631 Federal Funds and Grants $25,665,622 Federal Funds Not Specifically Identified $25,665,622 Other Funds $16,550,000 Other Funds Not Specifically Identified $16,550,000 State Funds $892,009 State General Funds $892,009 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 4614 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Reduce operating funds to meet the 2% reduction request. Provide for a general salary increase of 2.5% effective January 1, 2009 ($3,670), for performance increases ($1,468), and for structure adjustments to the statewide salary plan ($114). Increase funds to reflect projected revenue receipts. Amount appropriated in this Act State Funds $898,061 $7,145 ($1,518) Total Funds $35,446,629 $7,145 ($1,518) $0 ($1,468) $2,498 ($17,961) $5,252 $0 ($1,468) $2,498 ($17,961) $5,252 $0 $892,009 $7,667,054 $43,107,631 Section 29: Juvenile Justice, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $365,457,351 $6,098,411 $6,098,411 $13,629,396 $506,820 $13,122,576 $345,729,544 $345,729,544 $0 29.1. Administration Purpose: 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 $29,001,569 Federal Funds and Grants $339,000 Federal Funds Not Specifically Identified $339,000 Other Funds $202,681 Agency Funds $25,060 FRIDAY, APRIL 4, 2008 4615 Other Funds Not Specifically Identified $177,621 State Funds $28,459,888 State General Funds $28,459,888 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $28,050,733 $28,253,414 Annualize the cost of the FY 2008 salary adjustment. $210,191 $210,191 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($56,922) ($56,922) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($80,092) ($80,092) Reflect an adjustment in the Workers' Compensation premium rate structure. $49,936 $49,936 Provide for a general salary increase of 2.5% effective January 1, 2009 ($200,229), for performance increases ($80,092), and for structure adjustments to the statewide salary plan ($5,721). $286,042 $286,042 Increase funds to reflect projected revenue receipts. $0 $339,000 Amount appropriated in this Act $28,459,888 $29,001,569 29.2. Community Non-Secure Commitment Purpose: 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 communitybased residential placement or services for committed youth. Total Funds $55,570,868 Federal Funds and Grants $0 Other Funds $5,002,533 Other Funds Not Specifically Identified $5,002,533 State Funds $50,568,335 State General Funds $50,568,335 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $46,669,391 $56,672,010 Annualize the cost of the FY 2008 salary $27,131 $27,131 4616 JOURNAL OF THE SENATE adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Transfer funds from the Community Non-Secure Commitment program to the Secure Commitment program ($1,068,413), and the Secure Detention program ($1,400,000) to provide adequate secure facility capacity. Eliminate the Short Term Placement program by closing McIntosh YDC ($3,435,074), discontinuing two residential wilderness programs ($2,976,535), and repurposing the Savannah River Challenge YDC facility from short term to long term placement beds for committed youth to provide for better outcomes related to youth recidivism and redirect associated funding to community-based supervisory staff with 67 additional juvenile probation and parole positions and infrastructure investments. Reflect projected loss of federal and other funds due to revisions of the administrative rules related to Institutional Foster Care. Provide a 2.5% Consumer Price Index-related increase for contractors who provide residential services to adjudicated youth, and manage contractual costs to develop community and secure facility-based placement services. Provide for a general salary increase of 2.5% effective January 1, 2009 ($29,370), and for performance increases ($13,536). Provide state funds to fully operate the Institutional Foster Care system as required by revised federal administrative rules ($5,000,000) and meet projected expenses ($266,580). Provide one-time funds to Glynn County to implement a non-secure facility to house youth awaiting local juvenile court processing. Amount appropriated in this Act ($8,539) $0 ($13,536) $7,489 ($2,468,413) $0 $0 $545,326 $42,906 $5,266,580 $500,000 $50,568,335 ($8,625) $0 ($13,536) $7,489 ($2,468,413) $0 ($5,000,000) $545,326 $42,906 $5,266,580 $500,000 $55,570,868 FRIDAY, APRIL 4, 2008 4617 Provided, however, from the appropriation of State General Funds designated above for program 30.2. Community Non-Secure Commitment, the amount of $750,000 is specifically appropriated for this purpose: "Provide one-time funds to Glynn County to implement a nonsecure facility to house youth awaiting local juvenile court processing". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 30.2. Community Non-Secure Commitment above may be used for this specific purpose as well. 29.3. Community Supervision Purpose: Protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens. Total Funds $59,392,099 Federal Funds and Grants $0 Other Funds $4,297,106 Other Funds Not Specifically Identified $4,297,106 State Funds $55,094,993 State General Funds $55,094,993 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $50,528,647 $54,827,574 Annualize the cost of the FY 2008 salary adjustment. $667,320 $667,320 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($180,253) ($182,074) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($184,388) ($184,388) Reflect an adjustment in the Workers' Compensation premium rate structure. $158,130 $158,130 Add 67 juvenile probation and parole staff in the Community Supervision program to supervise and provide rehabilitative services to youth placed in community settings rather than secure facilities. $3,199,738 $3,199,738 Provide for a general salary increase of 2.5% effective January 1, 2009 ($460,970), for performance increases ($184,388), for employees in specified critical jobs ($247,270), for special adjustments to selected job classes, and for structure adjustments to the statewide salary plan ($13,171). $905,799 $905,799 Amount appropriated in this Act $55,094,993 $59,392,099 4618 JOURNAL OF THE SENATE 29.4. Secure Commitment (YDCs) Purpose: Protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth. Total Funds $102,046,067 Federal Funds and Grants $889,655 Federal Funds Not Specifically Identified $889,655 Other Funds $2,100,842 Agency Funds $368,784 Other Funds Not Specifically Identified $1,732,058 State Funds $99,055,570 State General Funds $99,055,570 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $93,969,041 $96,962,777 Annualize the cost of the FY 2008 salary adjustment. $1,182,965 $1,182,965 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($320,660) ($323,899) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($327,985) ($327,985) Reflect an adjustment in the Workers' Compensation premium rate structure. $281,305 $281,305 Transfer funds from the Community Non-Secure Commitment program to the Secure Commitment program ($1,068,413), and the Secure Detention program ($1,400,000) to provide adequate secure facility capacity. $1,068,413 $1,068,413 Eliminate the Short Term Placement program by closing McIntosh YDC ($3,435,074), discontinuing two residential wilderness programs ($2,976,535), and repurposing the Savannah River Challenge YDC facility from short term to long term placement beds for committed youth to provide for better outcomes related to youth recidivism and redirect associated funding to community-based supervisory staff with 67 additional juvenile probation and parole positions and infrastructure investments. $0 $0 Provide a 2.5% Consumer Price Index-related $761,728 $761,728 FRIDAY, APRIL 4, 2008 4619 increase for contractors who provide residential services to adjudicated youth, and manage contractual costs to develop community and secure facility-based placement services. Provide for a general salary increase of 2.5% effective January 1, 2009 ($819,962), for performance increases ($327,985), for employees in specified critical jobs ($439,995), for special adjustments to selected job classes, and for structure adjustments to the statewide salary plan ($23,427). Provide funds for special pay raise effective January 1, 2009 to address recruitment and retention issues for: Juvenile Correctional Officer 1. Amount appropriated in this Act $1,611,369 $1,611,369 $829,394 $829,394 $99,055,570 $102,046,067 29.5. Secure Detention (RYDCs) Purpose: Protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth. Total Funds $111,780,113 Federal Funds and Grants $0 Other Funds $2,026,234 Agency Funds $112,976 Other Funds Not Specifically Identified $1,913,258 State Funds $109,753,879 State General Funds $109,753,879 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $101,362,633 $103,392,729 Annualize the cost of the FY 2008 salary adjustment. $1,410,055 $1,410,055 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($382,326) ($386,188) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($390,994) ($390,994) Reflect an adjustment in the Workers' Compensation premium rate structure. $335,402 $335,402 Transfer funds from the Community Non-Secure Commitment program to the Secure Commitment $1,400,000 $1,400,000 4620 JOURNAL OF THE SENATE program ($1,068,413), and the Secure Detention program ($1,400,000) to provide adequate secure facility capacity. Provide a 2.5% Consumer Price Index-related increase for contractors who provide residential services to adjudicated youth, and manage contractual costs to develop community and secure facility-based placement services. Transfer funds from the Secure Detention program to the Children and Youth Coordinating Council (CYCC) to cover statewide budget changes reflected in HB95. Provide for a general salary increase of 2.5% effective January 1, 2009 ($981,955), for performance increases ($390,994), for employees in specified critical jobs ($524,842), for special adjustments to selected job classes, and for structure adjustments to the statewide salary plan ($23,457). Provide funds for special pay raise effective January 1, 2009 to address recruitment and retention issues for: Juvenile Correctional Officer 1. Amount appropriated in this Act $3,324,168 $3,324,168 ($13,100) ($13,100) $1,921,248 $1,921,248 $786,793 $786,793 $109,753,879 $111,780,113 The following appropriations are for agencies attached for administrative purposes. 29.6. Children and Youth Coordinating Council Purpose: Assist local communities in preventing and reducing juvenile delinquency. Total Funds $7,666,635 Federal Funds and Grants $4,869,756 Federal Funds Not Specifically Identified $4,869,756 Other Funds $0 State Funds $2,796,879 State General Funds $2,796,879 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,407,848 $3,159,848 Annualize the cost of the FY 2008 salary adjustment. $7,662 $7,662 Reflect an adjustment in the employer share of the ($2,473) ($2,473) FRIDAY, APRIL 4, 2008 4621 State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,500) ($2,500) Transfer funds from the Secure Detention program to CYCC cover statewide budget changes reflected in HB 95. $13,100 $13,100 Reflect increase of Federal Formula grant award in FFY 2007. $0 $97,000 Provide one-time funding for a system of care pilot to coordinate delivery of community-based services for children with severe emotional disorders. $1,000,000 $1,000,000 Reduce 6 positions as a result of the administrative efficiencies gained through the consolidation of CYCC and Children's Trust Fund to create the Office of Children and Families. ($182,054) ($182,054) Transfer 1 position to the Office of Planning and Budget for administrative support for the Office of Children and Families. ($53,454) ($53,454) Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,250) and for performance increases ($2,500). $8,750 $8,750 Increase funds to reflect projected revenue receipts. $0 $3,020,756 Provide funds for Connecting Henry, Inc. for a multi-jurisdictional collaborative to address the high drop out rate in the community. $600,000 $600,000 Amount appropriated in this Act $2,796,879 $7,666,635 Provided, however, from the appropriation of State General Funds designated above for program 29.6. Children and Youth Coordinating Council, the amount of $600,000 is specifically appropriated for this purpose: "Provide funds for Connecting Henry, Inc. for a multi-jurisdictional collaborative to address the high drop out rate in the community". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 29.6. Children and Youth Coordinating Council above may be used for this specific purpose as well. Section 30: Labor, Department of Total Funds Federal Funds and Grants TANF Block Grant Transfers to Child Care Development Fund Federal Funds Not Specifically Identified Other Funds $439,889,791 $345,692,508 $252,000 $345,440,508 $31,528,191 4622 JOURNAL OF THE SENATE Agency Funds Prior Year Funds from Other Sources Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $500,000 $229,513 $30,798,678 $55,769,092 $55,769,092 $6,900,000 $6,900,000 30.1. Administration - Department of Labor Purpose: Work with public and private partners in building a world-class workforce system that contributes to Georgia's economic prosperity. Total Funds $41,856,572 Federal Funds and Grants $38,433,936 TANF Block Grant Transfers to Child Care Development Fund $510,000 Federal Funds Not Specifically Identified $37,923,936 Other Funds $0 State Funds $3,422,636 State General Funds $3,422,636 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,480,593 $14,087,612 Annualize the cost of the FY 2008 salary adjustment. $42,337 $42,337 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($11,905) ($11,905) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($12,731) ($12,731) Reflect an adjustment in the Workers' Compensation premium rate structure. ($34,883) ($34,883) Provide funds collected from administrative assessments and penalties and interest to fund departmental operations. $0 $0 Increase federal funds to reflect projected expenditures for FY 2009. $0 $24,816,917 Provide for a general salary increase of 2.5% effective January 1, 2009 ($31,827), for $48,219 $48,219 FRIDAY, APRIL 4, 2008 4623 performance increases ($12,731), and for structure adjustments to the statewide salary plan ($3,661). Reduce Administration program by 2.5%. Eliminate the GoodWorks contract and transfer the savings to fund childcare activities in the Department of Human Resources. Increase funds to reflect projected revenue receipts. Amount appropriated in this Act ($88,994) $0 ($88,994) $0 $0 $3,422,636 $3,010,000 $41,856,572 30.2. Administration - Division of Rehabilitation Purpose: Help people with disabilities to become fully productive members of society by achieving independence and meaningful employment. Total Funds $5,223,417 Federal Funds and Grants $2,913,518 Federal Funds Not Specifically Identified $2,913,518 Other Funds $0 State Funds $2,309,899 State General Funds $2,309,899 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,296,252 $3,679,770 Annualize the cost of the FY 2008 salary adjustment. $17,267 $17,267 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($4,654) ($4,654) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($4,977) ($4,977) Reflect an adjustment in the Workers' Compensation premium rate structure. ($12,840) ($12,840) Increase federal funds to reflect projected expenditures for FY 2009. $0 $530,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($12,443), for performance increases ($4,977), and for structure adjustments to the statewide salary plan ($1,431). $18,851 $18,851 Increase funds to reflect projected revenue receipts. $0 $1,000,000 Amount appropriated in this Act $2,309,899 $5,223,417 4624 JOURNAL OF THE SENATE 30.3. Business Enterprise Program Purpose: Assist people who are blind in becoming successful contributors to the state's economy. Total Funds $2,410,193 Federal Funds and Grants $1,966,085 Federal Funds Not Specifically Identified $1,966,085 Other Funds $0 State Funds $444,108 State General Funds $444,108 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $441,519 $1,757,604 Annualize the cost of the FY 2008 salary adjustment. $3,517 $3,517 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($938) ($938) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,004) ($1,004) Reflect an adjustment in the Workers' Compensation premium rate structure. ($2,788) ($2,788) Increase federal funds to reflect projected expenditures for FY 2009. $0 $650,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($2,509), for performance increases ($1,004), and for structure adjustments to the statewide salary plan ($289). $3,802 $3,802 Amount appropriated in this Act $444,108 $2,410,193 30.4. Commission on Women Purpose: Advance the health, education, economic, social, and legal status of women in Georgia. Total Funds $93,172 State Funds $93,172 State General Funds $93,172 30.5. Disability Adjudication Section Purpose: Efficiently process applications for federal disability programs so that eligible FRIDAY, APRIL 4, 2008 4625 Georgia citizens can obtain support. Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified $55,598,820 $55,598,820 $55,598,820 30.6. Georgia Industries for the Blind Purpose: Employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. Total Funds $12,281,801 Federal Funds and Grants $0 Other Funds $11,828,888 Agency Funds $500,000 Prior Year Funds from Other Sources $229,513 Other Funds Not Specifically Identified $11,099,375 State Funds $452,913 State General Funds $452,913 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $559,846 $12,159,221 Annualize the cost of the FY 2008 salary adjustment. $86,848 $86,848 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($24,156) ($24,156) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($25,833) ($25,833) Reflect an adjustment in the Workers' Compensation premium rate structure. ($12,123) ($12,123) Provide for a general salary increase of 2.5% effective January 1, 2009 ($64,583), for performance increases ($25,833), and for structure adjustments to the statewide salary plan ($7,428). $97,844 $97,844 Replace funds. ($229,513) $0 Amount appropriated in this Act $452,913 $12,281,801 30.7. Labor Market Information Purpose: Collect, analyze, and publish a wide array of information about the state's labor market. 4626 JOURNAL OF THE SENATE Total Funds $3,003,024 Federal Funds and Grants $2,249,873 Federal Funds Not Specifically Identified $2,249,873 Other Funds $0 State Funds $753,151 State General Funds $753,151 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $743,946 $2,993,819 Annualize the cost of the FY 2008 salary adjustment. $10,616 $10,616 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($3,007) ($3,007) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,215) ($3,215) Reflect an adjustment in the Workers' Compensation premium rate structure. ($7,366) ($7,366) Provide funds collected from administrative assessments and penalties and interest to fund departmental operations. $0 $0 Provide for a general salary increase of 2.5% effective January 1, 2009 ($8,038), for performance increases ($3,215), and for structure adjustments to the statewide salary plan ($924). $12,177 $12,177 Amount appropriated in this Act $753,151 $3,003,024 30.8. Roosevelt Warm Springs Institute Purpose: Empower individuals with disabilities to achieve personal independence. Total Funds $33,222,110 Federal Funds and Grants $6,989,289 Federal Funds Not Specifically Identified $6,989,289 Other Funds $18,893,087 Other Funds Not Specifically Identified $18,893,087 State Funds $7,339,734 State General Funds $7,339,734 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous FRIDAY, APRIL 4, 2008 4627 appropriation act: Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Increase federal funds to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($51,285), for performance increases ($20,514), and for structure adjustments to the statewide salary plan ($5,898). Provide additional funding to Blaze Sports America, Inc. Amount appropriated in this Act State Funds $7,183,148 $72,204 ($19,183) Total Funds $32,523,277 $72,204 ($19,183) $0 ($20,514) ($57,618) $0 $77,697 $0 ($20,514) ($57,618) $542,247 $77,697 $104,000 $7,339,734 $104,000 $33,222,110 30.9. Safety Inspections Purpose: Promote and protect public safety, provide training and information on workplace exposure to hazardous chemicals, and promote industrial safety. Total Funds $3,574,987 Federal Funds and Grants $168,552 Federal Funds Not Specifically Identified $168,552 Other Funds $0 State Funds $3,406,435 State General Funds $3,406,435 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,933,532 $3,102,084 Annualize the cost of the FY 2008 salary adjustment. $36,069 $36,069 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($10,135) ($10,135) 4628 JOURNAL OF THE SENATE Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Fill 2 safety inspector vacancies; add 4 new safety inspectors, and 1 new clerical position to meet increased workload needs. Provide for a general salary increase of 2.5% effective January 1, 2009 ($27,096), for performance increases ($10,838), and for structure adjustments to the statewide salary plan ($3,116). Amount appropriated in this Act $0 ($10,838) ($33,243) $450,000 $41,050 $0 ($10,838) ($33,243) $450,000 $41,050 $3,406,435 $3,574,987 30.10. Unemployment Insurance Purpose: Enhance Georgia's economic strength by collecting unemployment insurance taxes from Georgia's employers and distributing unemployment benefits to eligible claimants. Total Funds $60,401,746 Federal Funds and Grants $49,173,186 Federal Funds Not Specifically Identified $49,173,186 Other Funds $0 State Funds $11,228,560 State General Funds $11,228,560 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $11,111,470 $47,691,819 Annualize the cost of the FY 2008 salary adjustment. $148,881 $148,881 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($37,679) ($37,679) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($40,295) ($40,295) Reflect an adjustment in the Workers' Compensation premium rate structure. ($106,434) ($106,434) Provide funds collected from administrative assessments and penalties and interest to fund departmental operations. $0 $0 Increase federal funds to reflect projected expenditures for FY 2009. $0 $12,592,837 FRIDAY, APRIL 4, 2008 4629 Provide for a general salary increase of 2.5% effective January 1, 2009 ($100,736), for performance increases ($40,295), and for structure adjustments to the statewide salary plan ($11,586). Amount appropriated in this Act $152,617 $152,617 $11,228,560 $60,401,746 30.11. Vocational Rehabilitation Program Purpose: Assist people with disabilities so that they may go to work. Total Funds $84,502,846 Federal Funds and Grants $63,967,153 TANF Block Grant Transfers to Child Care Development Fund ($1,700,000) Federal Funds Not Specifically Identified $65,667,153 Other Funds $806,216 Other Funds Not Specifically Identified $806,216 State Funds $18,029,477 State General Funds $18,029,477 Intra-State Government Transfers $1,700,000 Other Intra-State Government Payments $1,700,000 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 95) $17,968,411 $86,141,780 Annualize the cost of the FY 2008 salary adjustment. $116,843 $116,843 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($30,882) ($30,882) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($33,025) ($33,025) Reflect an adjustment in the Workers' Compensation premium rate structure. ($90,615) ($90,615) Delete one-time funding for the Hinesville Center for the Georgia Center for the Hearing Impaired. ($167,000) ($167,000) Delete one-time funding for the Albany Advocacy Resource Center. ($50,000) ($50,000) Delete funds received in HB1027 for SHARE. ($50,000) ($50,000) Delete funds received in HB1027 for Assistive Technology Centers and Reboot. ($30,000) ($30,000) Provide for a general salary increase of 2.5% $125,084 $125,084 4630 JOURNAL OF THE SENATE effective January 1, 2009 ($82,563), for performance increases ($33,025), and for structure adjustments to the statewide salary plan ($9,496). Eliminate the GoodWorks contract and transfer the savings to fund childcare activities in the Department of Human Resources. Increase funds for the Helen Keller National Center - Southeastern Region. (CC: Move to DHR.) Provide funds for Statewide Assistive Technology. Provide funds for the Georgia Council on the Hearing Impaired (Hinesville location). Provide funds for the Georgia Games. provide funds for SHARE DEAR. Amount appropriated in this Act $0 ($1,700,000) $0 $30,000 $167,000 $25,000 $48,661 $18,029,477 $0 $30,000 $167,000 $25,000 $48,661 $84,502,846 30.12. Workforce Development Purpose: Assist employers and job seekers with job matching services and promote economic growth and development. Total Funds $137,721,103 Federal Funds and Grants $124,232,096 TANF Block Grant Transfers to Child Care Development Fund $1,442,000 Federal Funds Not Specifically Identified $122,790,096 Other Funds $0 State Funds $8,289,007 State General Funds $8,289,007 Intra-State Government Transfers $5,200,000 Other Intra-State Government Payments $5,200,000 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 95) $8,397,133 $93,811,310 Annualize the cost of the FY 2008 salary adjustment. $104,946 $104,946 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($28,334) ($28,334) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($30,301) ($30,301) Reflect an adjustment in the Workers' Compensation ($89,202) ($89,202) FRIDAY, APRIL 4, 2008 4631 premium rate structure. Provide funds collected from administrative assessments and penalties and interest to fund departmental operations. Increase federal funds to reflect projected expenditures for FY 2009. Reduce contractual services in the Workforce Development program. Provide for a general salary increase of 2.5% effective January 1, 2009 ($75,752), for performance increases ($30,301), and for structure adjustments to the statewide salary plan ($8,712). Eliminate the GoodWorks contract and transfer the savings to fund childcare activities in the Department of Human Resources. (CC:Provide funds for GoodWorks for 250 clients in identified cases.) Increase funds to reflect projected revenue receipts. Amount appropriated in this Act $0 $0 $0 ($180,000) $114,765 $28,298,978 ($180,000) $114,765 $0 $1,442,000 $0 $8,289,007 $14,276,941 $137,721,103 Section 31: Law, Department of Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $56,477,221 $0 $36,826,240 $36,826,240 $19,650,981 $19,650,981 $0 31.1. Law Purpose: To serve the citizens of the State of Georgia by providing legal representation of the highest quality to the agencies, officers, and employees of state government. Total Funds $56,477,221 Federal Funds and Grants $0 Other Funds $36,826,240 Other Funds Not Specifically Identified $36,826,240 State Funds $19,650,981 State General Funds $19,650,981 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous 4632 JOURNAL OF THE SENATE appropriation act: Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5 effective January 1, 2009 ($247,231), for performance increases ($98,893), and for special adjustments to selected job classes ($960,258). Redirect base level hospital acquisition funding for projected hospital sales in FY 2009. Redirect funds ($126,813) to the Georgia Public Defenders Standards Council for outside legal counsel due to the Attorney General's conflict of interest. Amount appropriated in this Act State Funds $18,446,804 $265,122 ($112,873) Total Funds $55,273,044 $265,122 ($112,873) $0 $0 ($98,893) ($28,748) $1,306,382 $0 $0 ($98,893) ($28,748) $1,306,382 $0 ($126,813) $0 ($126,813) $19,650,981 $56,477,221 Section 32: Natural Resources, Department of Total Funds $303,875,765 Federal Funds and Grants $49,733,946 Federal Funds Not Specifically Identified $49,733,946 Other Funds $120,323,625 Agency Funds $22,456,302 Prior Year Funds from Other Sources $103,913 Other Funds Not Specifically Identified $97,763,410 State Funds $130,877,057 State General Funds $130,877,057 Intra-State Government Transfers $2,941,137 Other Intra-State Government Payments $2,941,137 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 FRIDAY, APRIL 4, 2008 4633 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 park's parking pass implemented by the Department. The above appropriations reflect receipts from Jekyll Island State Park Authority - $260,844 for year 20 of 20 years; last payment being made June 15th, 2009, Jekyll Island Convention Center and Golf Course - $579,346 for year 15 of 20 years; last payment being made June 15th, 2014 and North Georgia Mountains Authority - $1,434,982 for year 15 of 20 years; last payment being made June 15th, 2014. 32.1. Administration Purpose: The purpose of the program is to provide administrative support for all programs of the department. Total Funds $11,707,301 Federal Funds and Grants $174,383 Federal Funds Not Specifically Identified $174,383 Other Funds $573,266 Other Funds Not Specifically Identified $573,266 State Funds $10,959,652 State General Funds $10,959,652 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $10,180,372 $10,180,372 Annualize the cost of the FY 2008 salary adjustment. $115,433 $115,433 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($27,467) ($27,467) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($34,251) ($34,251) Reflect an adjustment in the Workers' Compensation premium rate structure. $15,017 $15,017 Add 6 new positions, 2 vehicles, and operating funds for the Okefenokee Eco Lodge scheduled to open in July 2008. $5,000 $5,000 Transfer funds from Wildlife Resources ($38,877) $555,382 $555,382 4634 JOURNAL OF THE SENATE and Environmental Protection ($516,505) to offset the state funds reduction taken in Administration in the FY 2008 appropriations bill for savings on legal fees. Provide for a general salary increase of 2.5% effective January 1, 2009 ($85,628), for performance increases ($34,251) and for structure adjustments to the statewide salary plan ($30,287). Increase federal funds ($107,978) and other funds ($260,328) to reflect projected expenses for FY 2009. Amount appropriated in this Act $150,166 $150,166 $0 $747,649 $10,959,652 $11,707,301 32.2. Coastal Resources Purpose: 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 $8,929,765 Federal Funds and Grants $5,940,807 Federal Funds Not Specifically Identified $5,940,807 Other Funds $90,221 Other Funds Not Specifically Identified $90,221 State Funds $2,898,737 State General Funds $2,898,737 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $4,187,531 $4,358,393 Annualize the cost of the FY 2008 salary adjustment. $30,140 $30,140 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($6,669) ($6,669) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($8,839) ($8,839) Reflect an adjustment in the Workers' Compensation premium rate structure. $3,646 $3,646 Reallocate funds within the program to meet projected expenditures. $0 $0 Provide for a general salary increase of 2.5% $30,937 $30,937 FRIDAY, APRIL 4, 2008 4635 effective January 1, 2009 ($22,098) and for performance increases ($8,839). Remove one-time funding for coastal dock renovation ($1,350,000) funded in FY 2007 and for raising sunken vessels ($180,000) funded in FY 2008. Increase federal funds ($5,769,945) and other funds ($90,221) to reflect projected expenses for FY 2009. Fund genetic analysis in conjunction with South Carolina to determine the suitability of hatcheryreared drum for Georgia's saltwater fishery management program. Provide funding for a special pay raise, effective January 1, 2009 to address retention and compression issues for the following post-certified law enforcement positions: Division Director, Asst. Amount appropriated in this Act ($1,350,000) ($1,350,000) $0 $5,860,166 $0 $0 $11,991 $11,991 $2,898,737 $8,929,765 32.3. Environmental Protection Purpose: 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 $122,602,874 Federal Funds and Grants $23,517,774 Federal Funds Not Specifically Identified $23,517,774 Other Funds $66,713,023 Agency Funds $6,732,557 Other Funds Not Specifically Identified $59,980,466 State Funds $32,372,077 State General Funds $32,372,077 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $30,969,784 $41,130,502 Annualize the cost of the FY 2008 salary adjustment. $722,243 $722,243 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% ($109,370) ($109,370) 4636 JOURNAL OF THE SENATE to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($343,070), for performance increases ($137,228), for employees in specified critical jobs ($120,167), and for structure adjustments to the statewide salary plan ($7,885). Increase federal funds ($20,154,613) and other funds ($54,993,970) to reflect projected expenses for FY 2009. Provide state matching funds to continue the coastal groundwater and surface water monitoring program to allow EPD to make data-driven decisions regarding permitting of groundwater withdrawals to prevent salt water intrusion on Georgia's coast. Transfer funds from the Environmental Protection program to the Administration program to properly reflect projected legal expenses in the appropriate program. Replace state funds used for real estate rent with other funds. Provide funds to lease office space in Brunswick for the EPD coastal district office. Provide funding for Metropolitan North Georgia Water Planning District to assist with mandated updates for water plans. Amount appropriated in this Act $0 $0 ($137,228) $59,803 $608,350 $0 $425,000 ($516,505) ($50,000) $300,000 $100,000 $32,372,077 32.4. Hazardous Waste Trust Fund Purpose: Investigate and clean up abandoned hazardous sites. Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $0 $0 ($137,228) $59,803 $608,350 $80,070,079 $425,000 ($516,505) ($50,000) $300,000 $100,000 $122,602,874 $7,600,000 $0 $0 $7,600,000 $7,600,000 $0 FRIDAY, APRIL 4, 2008 4637 32.5. Historic Preservation Purpose: Identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations. Total Funds $3,183,734 Federal Funds and Grants $1,007,287 Federal Funds Not Specifically Identified $1,007,287 Other Funds $0 State Funds $2,176,447 State General Funds $2,176,447 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,136,950 $2,626,950 Annualize the cost of the FY 2008 salary adjustment. $24,227 $24,227 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($6,002) ($6,002) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,196) ($7,196) Reflect an adjustment in the Workers' Compensation premium rate structure. $3,282 $3,282 Provide for a general salary increase of 2.5% effective January 1, 2009 ($17,990) and for performance increases ($7,196). $25,186 $25,186 Increase federal funds ($517,287) to reflect projected expenses for FY 2009. $0 $517,287 Amount appropriated in this Act $2,176,447 $3,183,734 32.6. Land Conservation Purpose: Provide a framework within which developed and rapidly developing counties and their municipalities can preserve community green space. Total Funds $519,421 Federal Funds and Grants $0 Other Funds $0 State Funds $519,421 State General Funds $519,421 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous 4638 JOURNAL OF THE SENATE appropriation act: Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($4,513) and for performance increases ($1,805). Amount appropriated in this Act State Funds $509,496 $5,914 ($1,111) Total Funds $509,496 $5,914 ($1,111) $0 $0 ($1,805) $608 $6,319 $0 $0 ($1,805) $608 $6,319 $519,421 $519,421 32.7. Parks, Recreation and Historic Sites Purpose: Increase public awareness of the opportunities at state parks and historic sites throughout Georgia. Total Funds $70,424,697 Federal Funds and Grants $1,704,029 Federal Funds Not Specifically Identified $1,704,029 Other Funds $38,344,102 Agency Funds $15,623,745 Other Funds Not Specifically Identified $22,720,357 State Funds $27,435,429 State General Funds $27,435,429 Intra-State Government Transfers $2,941,137 Other Intra-State Government Payments $2,941,137 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $24,286,246 $43,012,069 Annualize the cost of the FY 2008 salary adjustment. $308,994 $308,994 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% ($129,376) ($129,376) FRIDAY, APRIL 4, 2008 to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Add 6 new positions, 2 vehicles, and operating funds for the Okefenokee Eco Lodge scheduled to open in July 2008. Provide for a general salary increase of 2.5% effective January 1, 2009 ($227,227), for performance increases ($90,890), and for employees in specified critical jobs ($21,442). Increase federal funds ($20,154,613) and other funds ($54,993,970) to reflect projected expenses for FY 2009. Replace four law enforcement vehicles with mileage in excess of 135,000. Reduce state funds due to an increase in rates for camping, cottages and lodge rooms system wide. Provide funds for Gordonia Altamaha State Park for operating costs, temporary labor, and four new fulltime positions associated with the scheduled July 2008 opening of three new cabins and an 18-hole golf course. Remove one-time funding for the master plan at Flat Creek State Park ($30,000) and fence construction at Troup's Tomb site ($6,449). Replace payments from Lake Lanier Islands Development Authority with state general funds to reflect fulfilled debt service obligation. Provide funding to complete surveys at High Falls State Park. Provide funding for a special pay raise, effective January 1, 2009 to address retention and compression issues for the following post-certified law enforcement positions: Administrative Operations Manager, Historic Site Manager 1, Historic Site Manager 2, Lodge Operations Manager, Lodge/Parks General Manager 2, Lodge/Parks Region Manager, Parks Assistant Manager 1, Parks Assistant Manager 2, Parks $0 $0 ($90,890) $70,743 $170,000 $339,559 $0 $0 ($485,000) $500,000 ($36,449) $665,966 $148,000 $1,537,636 4639 $0 $0 ($90,890) $70,743 $340,000 $339,559 $23,578,445 $30,000 $0 $500,000 ($36,449) $665,966 $148,000 $1,537,636 4640 JOURNAL OF THE SENATE Manager 1, Parks Manager 2, Parks Manager 3, Parks Ranger Enforcement, Parks Region Supervisor, Parks Resource Manager 1, Parks Resource Manager 2, Parks Resource Manager 3. Provide funding to build public recreation facilities and boat ramp for the Bear Creek Reservoir. Provide funding to manage aquatic vegetation at Little Ocmulgee State Park. Amount appropriated in this Act $125,000 $25,000 $27,435,429 $125,000 $25,000 $70,424,697 32.8. Pollution Prevention Assistance Purpose: Reduce pollution by providing non-regulatory assistance. Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Prior Year Funds from Other Sources Other Funds Not Specifically Identified State Funds Intra-State Government Transfers $211,893 $96,580 $96,580 $115,313 $103,913 $11,400 $0 $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $16,075 $119,988 Reallocate funds within the program to meet projected expenditures. $0 $0 Eliminate state funds from the Pollution Prevention Assistance program. ($16,075) ($16,075) Increase federal funds ($96,580) and other funds ($11,400) to reflect projected expenses for FY 2009. $0 $107,980 Amount appropriated in this Act $0 $211,893 32.9. Solid Waste Trust Fund Purpose: Administer the Scrap Tire Management Program, enable emergency, preventative and corrective actions at solid waste disposal facilities, and promote statewide recycling and waste reduction programs. Total Funds $6,000,000 State Funds $6,000,000 State General Funds $6,000,000 FRIDAY, APRIL 4, 2008 4641 32.10. Wildlife Resources Purpose: Regulate hunting, fishing, and the operation of watercraft in Georgia, protect nongame and endangered wildlife, and maintain public education and law enforcement programs. Total Funds $69,297,433 Federal Funds and Grants $17,293,086 Federal Funds Not Specifically Identified $17,293,086 Other Funds $14,487,700 Agency Funds $100,000 Other Funds Not Specifically Identified $14,387,700 State Funds $37,516,647 State General Funds $37,516,647 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $40,774,791 $46,179,028 Annualize the cost of the FY 2008 salary adjustment. $434,494 $434,494 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($118,484) ($118,484) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($133,010) ($133,010) Reflect an adjustment in the Workers' Compensation premium rate structure. $64,788 $64,788 Provide funds for increased motor fuel and utility costs. $0 $0 Reallocate funds within the program to meet projected expenditures. $0 $0 Recognize funds collected for the Wildlife Endowment Fund through lifetime hunting and fishing licenses and associated interest in compliance with federal guidelines. $95,896 $95,896 Replace 23 law enforcement vehicles with mileage in excess of 135,000. $0 $100,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($332,523) and for performance increases ($133,009). $465,532 $465,532 Remove one-time funding for the "Go Fish Georgia" bass trail ($5,000,000), spraying to prevent unwanted vegetation and aquatic plants on Lake ($6,014,856) ($6,014,856) 4642 JOURNAL OF THE SENATE Blackshear ($45,000), repairs of the dam at Arrowhead Environmental Education Center ($500,000), the Waynesboro Field Trials Stable at the Di-Lane Plantation wildlife management area ($100,000), and the Wildlife Endowment Fund ($369,856). Increase federal funds ($12,166,295) and other funds ($8,978,971) to reflect projected expenses for FY 2009. Transfer funds from the Wildlife Resources program to the Administration program to properly reflect projected legal expenses in the Game Management subprogram ($22,933) and the Fisheries Management subprogram ($15,944). Provide funds to fill 15 vacant positions in Wildlife Resources to address law enforcement protection of wildlife areas. Provide funds to cover shortfall for leased wildlife management areas. Retrofit Bell a 206 helicopter with safety floats and night vision for over-water missions. Provide funding for a special pay raise, effective January 1, 2009 to address retention and compression issues for the following post-certified law enforcement positions: Conservation Captain Academy Director, Conservation Corporal, Conservation Captain Safety Education Officer, Conservation Captain Special Projects Officer, Conservation Ranger, Conservation Ranger First Class, Conservation Sergeant, Conservation Sergeant Administrative Specialist, Conservation Sergeant State Investigator, Law Enforcement Asst Chief, Law Enforcement Region Supervisor, Wildlife Technician. Provide funding to construct campground and trail at the Berry College Wildlife Management Area. Amount appropriated in this Act $0 $26,276,549 ($38,877) ($38,877) $450,000 $100,000 $0 $1,411,373 $450,000 $100,000 $0 $1,411,373 $25,000 $37,516,647 $25,000 $69,297,433 The following appropriations are for agencies attached for administrative purposes. 32.11. Payments to Georgia Agricultural Exposition Authority Purpose: 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 FRIDAY, APRIL 4, 2008 4643 promote a statewide fair. Total Funds $1,802,507 Federal Funds and Grants $0 Other Funds $0 State Funds $1,802,507 State General Funds $1,802,507 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,244,904 $2,244,904 Annualize the cost of the FY 2008 salary adjustment. $11,352 $11,352 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($10,001) ($10,001) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($10,214) ($10,214) Reflect an adjustment in the Workers' Compensation premium rate structure. $30,717 $30,717 Delete one-time funding for equipment and motor vehicles. ($525,000) ($525,000) Provide for a general salary increase of 2.5% effective January 1, 2009 ($25,535) and for performance increases ($10,214). $35,749 $35,749 Provide funding to assist the Laurens County Agriculture and Exposition Center with facilities improvements. $25,000 $25,000 Amount appropriated in this Act $1,802,507 $1,802,507 32.12. Payments to Georgia Agrirama Development Authority Purpose: Collect, display, and preserve material culture of Georgia's agriculture and rural history and present to the general public and school groups. Total Funds $1,124,176 Federal Funds and Grants $0 Other Funds $0 State Funds $1,124,176 State General Funds $1,124,176 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous 4644 JOURNAL OF THE SENATE appropriation act: Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Delete one-time funding for a master plan. Provide funds to cover projected personal services expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($8,168) and for performance increases ($3,267). Amount appropriated in this Act State Funds $1,177,651 $11,021 ($2,760) Total Funds $1,177,651 $11,021 ($2,760) $0 ($3,267) ($3,013) ($100,000) $33,109 $11,435 $0 ($3,267) ($3,013) ($100,000) $33,109 $11,435 $1,124,176 $1,124,176 32.13. Payments to Lake Allatoona Preservation Authority Purpose: The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority. Total Funds $100,000 State Funds $100,000 State General Funds $100,000 32.14. Payments to Southwest Georgia Railroad Excursion Authority Purpose: Provide operating funds for and to constuct, 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 33: Pardons and Paroles, State Board of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds $59,245,640 $806,050 $806,050 $0 FRIDAY, APRIL 4, 2008 4645 State Funds State General Funds Intra-State Government Transfers $58,439,590 $58,439,590 $0 33.1. Administration Purpose: To provide administrative support for the agency. Total Funds $6,337,655 Federal Funds and Grants $0 Other Funds $0 State Funds $6,337,655 State General Funds $6,337,655 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $5,974,389 $5,974,389 Annualize the cost of the FY 2008 salary adjustment. $26,817 $26,817 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($15,793) ($15,793) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($16,516) ($16,516) Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,416) ($1,416) Fund efficient and better informed clemency decisions through continuation of the ongoing development of the Clemency Online Navigation System (CONS). $410,912 $410,912 Transfer funding for the CONS scanner operator positions from the Administration program to the Clemency program. ($10,429) ($10,429) Reduce funds for one-time expenses associated with the implementation of CONS. ($88,315) ($88,315) Provide for a general salary increase of 2.5% effective January 1, 2009 ($41,291), for performance increases ($15,516), and for structure adjustments to the statewide salary plan ($199). $58,006 $58,006 Amount appropriated in this Act $6,337,655 $6,337,655 4646 JOURNAL OF THE SENATE 33.2. Clemency Purpose: Investigate offenders when they enter the corrections system and make determinations about offender eligibility for parole. Total Funds $11,247,418 Federal Funds and Grants $0 Other Funds $0 State Funds $11,247,418 State General Funds $11,247,418 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $10,935,172 $10,935,172 Annualize the cost of the FY 2008 salary adjustment. $149,993 $149,993 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($46,217) ($46,217) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($48,144) ($48,144) Reflect an adjustment in the Workers' Compensation premium rate structure. ($6,356) ($6,356) Transfer funding for the CONS scanner operator positions from the Administration program to the Clemency program. $10,429 $10,429 Fund efficient and better informed clemency decisions through continuation of the ongoing development of the CONS. $34,107 $34,107 Provide for a general salary increase of 2.5% effective January 1, 2009 ($120,359), for performance increases ($48,144), and for structure adjustments to the statewide salary plan ($581). $169,084 $169,084 Transfer funding from the Parole Supervision program to the Clemency program to meet anticipated expenditures. $49,350 $49,350 Amount appropriated in this Act $11,247,418 $11,247,418 33.3. Parole Supervision Purpose: To transition offenders from prison back into the community as productive, law abiding citizens. Total Funds $41,099,608 FRIDAY, APRIL 4, 2008 4647 Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds State Funds State General Funds Intra-State Government Transfers $806,050 $806,050 $0 $40,293,558 $40,293,558 $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $38,149,974 $38,149,974 Annualize the cost of the FY 2008 salary adjustment. $541,117 $541,117 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($145,610) ($145,610) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($154,026) ($154,026) Reflect an adjustment in the Workers' Compensation premium rate structure. ($22,696) ($22,696) Transfer Atlanta Day Reporting Center operating funds from the Department of Corrections to support inmate re-entry through the Parole Reporting Center. $354,981 $354,981 Reduce Residential Substance Abuse Treatment (RSAT) funding. ($210,000) ($210,000) Increase federal funds ($806,050) to reflect projected expenditures for FY 2009. $0 $806,050 Provide for a general salary increase of 2.5% effective January 1, 2009 ($385,064), for performance increases ($154,026), and for structure adjustments to the statewide salary plan ($1,860). $540,950 $540,950 Transfer funding from the Parole Supervision program to the Clemency program to meet anticipated expenditures. ($49,350) ($49,350) Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Parole Officer, Senior Parole Officer, Assistant Chief Parole Officer and Chief and Regional Director (Mgr. II). (CC:Fund pay raise, but do not fund special pay raise for vacant positions.) $1,288,218 $1,288,218 Amount appropriated in this Act $40,293,558 $41,099,608 4648 JOURNAL OF THE SENATE 33.4. Victims Services Purpose: Provide notification to victims of changes in offender status or placement, to conduct outreach and information gathering from victims during clemency proceedings and generally to act as a liaison to victims for the state corrections system. Total Funds $560,959 Federal Funds and Grants $0 Other Funds $0 State Funds $560,959 State General Funds $560,959 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $553,346 $553,346 Annualize the cost of the FY 2008 salary adjustment. $4,500 $4,500 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,808) ($1,808) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,044) ($2,044) Reflect an adjustment in the Workers' Compensation premium rate structure. ($214) ($214) Provide for a general salary increase of 2.5% effective January 1, 2009 ($5,110), for performance increases ($2,044), and for structure adjustments to the statewide salary plan ($25). $7,179 $7,179 Amount appropriated in this Act $560,959 $560,959 Section 34: Personnel Administration, State Total Funds Federal Funds and Grants Other Funds State Funds Intra-State Government Transfers Other Intra-State Government Payments $13,988,770 $0 $0 $0 $13,988,770 $13,988,770 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. FRIDAY, APRIL 4, 2008 4649 34.1. Administration Purpose: The purpose is to provide administrative and technical support to the agency. Total Funds $4,393,910 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $4,393,910 Other Intra-State Government Payments $4,393,910 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $4,308,348 Annualize the cost of the FY 2008 salary adjustment. $0 $58,398 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 ($14,559) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. $0 ($15,266) Reflect an adjustment in the Workers' Compensation premium rate structure. $0 $10,860 Decrease real estate rentals to match projected expenditures. $0 ($7,303) Provide for a general salary increase of 2.5% effective January 1, 2009 ($38,166), and for performance increases ($15,266). $0 $53,432 Amount appropriated in this Act $0 $4,393,910 34.2. Recruitment and Staffing Services Purpose: Provide a central point of contact for the general public seeking employment with the State. Total Funds $1,293,708 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $1,293,708 Other Intra-State Government Payments $1,293,708 The above amounts include the following adjustments, additions, and deletions to the previous 4650 JOURNAL OF THE SENATE appropriation act: Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Decrease real estate rentals to match projected expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($12,939), and for performance increases ($5,176). Amount appropriated in this Act State Funds $0 $0 $0 Total Funds $1,264,485 $19,300 ($4,935) $0 $0 $0 $0 $0 ($5,176) $0 $4,734 $0 ($2,815) $0 $18,115 $0 $1,293,708 34.3. Total Compensation and Rewards Purpose: Ensure fair and consistent employee compensation practices across state agencies. Total Funds $4,387,668 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $4,387,668 Other Intra-State Government Payments $4,387,668 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 95) $0 $4,322,865 Annualize the cost of the FY 2008 salary adjustment. $0 $42,114 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 ($10,406) Increase the GBA real estate rental rate for office space. $0 $0 FRIDAY, APRIL 4, 2008 4651 Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Decrease real estate rentals to match projected expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($27,278), and for performance increases ($10,911). Amount appropriated in this Act $0 $0 $0 ($10,911) $0 $10,025 $0 ($4,208) $0 $38,189 $0 $4,387,668 34.4. Workforce Development and Alignment Purpose: Provide continuous opportunities for state employees to grow and develop professionally, resulting in increased productivity for state agencies and entities. Total Funds $3,913,484 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $3,913,484 Other Intra-State Government Payments $3,913,484 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 95) $0 $3,832,661 Annualize the cost of the FY 2008 salary adjustment. $0 $48,469 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 ($14,419) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. $0 ($15,121) Reflect an adjustment in the Workers' Compensation premium rate structure. $0 $11,418 Decrease real estate rentals to match projected expenditures. $0 ($2,446) Provide for a general salary increase of 2.5% effective January 1, 2009 ($37,801), and for performance increases ($15,121). $0 $52,922 Amount appropriated in this Act $0 $3,913,484 4652 JOURNAL OF THE SENATE Section 35: Properties Commission, State Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds Intra-State Government Transfers $1,037,739 $0 $1,037,739 $1,037,739 $0 $0 35.1. Leasing Purpose: Help state government meet its current need for office space and plan for future needs as business goals and operations change. Total Funds $417,295 Federal Funds and Grants $0 Other Funds $417,295 Other Funds Not Specifically Identified $417,295 State Funds $0 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $406,637 Annualize the cost of the FY 2008 salary adjustment (Other funds: $10,658). $0 $10,658 Amount appropriated in this Act $0 $417,295 35.2. State Properties Commission Purpose: 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 $620,444 Federal Funds and Grants $0 Other Funds $620,444 Other Funds Not Specifically Identified $620,444 State Funds $0 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $593,258 Annualize the cost of the FY 2008 salary adjustment $0 $27,186 FRIDAY, APRIL 4, 2008 4653 (Other funds: $27,186). Amount appropriated in this Act $0 $620,444 The following appropriations are for agencies attached for administrative purposes. 35.3. Payments to Georgia Building Authority Purpose: The purpose of this appropriation is to provide maintenance, repairs, and preparatory work on property owned by the Georgia Building Authority. Total Funds $0 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,250,000 $1,250,000 Eliminate one time state appropriation in HB95. ($1,250,000) ($1,250,000) Provide for a real estate rental increase of $0.52 per square foot for the FY 2008 pay raise and salary adjustments ($520,131), workers' compensation premiums ($206,199) and state health benefit plan increases ($654,308) (Other Funds: $1,380,638). $0 $0 Provide for a real estate rental increase of $0.38 per square foot for standard office space and $0.44 per square foot for premier office space to restore the maintenance and repair fund (Other Funds: $1,042,961). $0 $0 Annualize the cost of the FY 2008 salary adjustment (Other funds: $482,287). $0 $0 Amount appropriated in this Act $0 $0 Section 36: Public Defender Standards Council, Georgia Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $42,139,957 $0 $1,700,000 $1,700,000 $40,439,957 $40,439,957 $0 4654 JOURNAL OF THE SENATE 36.1. Capital Defender Office Purpose: The purpose of this appropriation is to fund the Office of the Georgia Capital Defender. Total Funds $0 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $0 Amount appropriated in this Act $0 $0 36.2. Public Defenders Purpose: 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; provided that staffing for circuits are based on O.C.G.A. 17-12. Total Funds $33,283,389 Federal Funds and Grants $0 Other Funds $0 State Funds $33,283,389 State General Funds $33,283,389 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $29,500,112 $31,560,102 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($133,990) ($133,990) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($136,840) ($136,840) Annualize the cost of the FY 2008 salary adjustment. $575,168 $575,168 Provide for a general salary increase of 2.5 effective January 1, 2009 ($417,536) and for performance increases ($167,015). $478,939 $478,939 Provide funds for conflict cases throughout the $2,500,000 $2,500,000 FRIDAY, APRIL 4, 2008 4655 public defender offices. Provide funds to address the backlog of indigent defense cases assigned to private attorneys due to a conflict of interest. Decrease IOLTA funds ($2,059,990) to reflect anticipated collections. Increase funds for salary ($144,721), one-time computer expenses ($4,500) and travel ($3,000) for three Assistant Public Defenders per HB1163 (2008 Session). Atlanta Circuit effective July 1, 2008 and Alcovy and Brunswick Circuits effective January 1, 2009. Provide additional funds for Appellate conflicts due to ineffective assistance of counsel claims. Amount appropriated in this Act $0 $0 $0 ($2,059,990) $0 $0 $500,000 $33,283,389 $500,000 $33,283,389 36.3. Public Defender Standards Council Purpose: The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate, and Central Office. Total Funds $8,856,568 Federal Funds and Grants $0 Other Funds $1,700,000 Other Funds Not Specifically Identified $1,700,000 State Funds $7,156,568 State General Funds $7,156,568 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $5,930,028 $8,705,076 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($29,547) ($29,547) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($30,175) ($30,175) Annualize the cost of the FY 2008 salary adjustment. $126,832 $126,832 Provide for a general salary increase of 2.5 effective January 1, 2009 ($417,536) and for performance increases ($167,015). $105,612 $105,612 Add one IT specialist position to provide support for $0 $0 4656 JOURNAL OF THE SENATE the central office as well as circuit public defender offices. Provide funds to contract for a special senior attorney ($126,813) and for outside experts to assist the appellate division ($18,000). Provide funds to allow circuit public defender offices to access the Georgia Crime Information Center (GCIC) which will enable evaluation of cases to occur earlier in the process. Decrease other funds ($1,075,048) to reflect anticipated collections from Clerks and Sheriffs. Provide additional funds for experts, mitigation, investigative, and attorney expenses in capital death cases statewide. Fund a third capital defender satellite office including three senior attorneys, two mitigation specialists, two investigators, two paralegals and operating costs for an additional capital defender satellite office to assist in controlling the costs of capital conflict cases. Provide additional funds for one attorney position in the Mental Health division to handle incompetent to stand trial and not guilty by reason of insanity cases statewide. Amount appropriated in this Act Section 37: Public Safety, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $126,813 $2,500 $126,813 $2,500 $0 $295,488 ($1,075,048) $295,488 $536,270 $536,270 $92,747 $92,747 $7,156,568 $8,856,568 $182,992,030 $28,604,501 $28,604,501 $18,627,178 $877,160 $17,750,018 $135,760,351 $135,760,351 $0 37.1. Administration Purpose: Work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state. Total Funds $9,039,388 FRIDAY, APRIL 4, 2008 4657 Federal Funds and Grants $15,571 Federal Funds Not Specifically Identified $15,571 Other Funds $0 State Funds $9,023,817 State General Funds $9,023,817 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $9,434,931 $9,434,931 Annualize the cost of the FY 2008 salary adjustment. $81,485 $81,485 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($34,380) ($34,380) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($33,813) ($33,813) Reflect an adjustment in the Workers' Compensation premium rate structure. $18,774 $18,774 Provide for a reduction in personal services costs due to retirements. ($276,000) ($276,000) Increase federal funds ($15,571) to reflect projected expenditures in FY2009. $0 $15,571 Reduce one-time funding for POST database. ($286,064) ($286,064) Provide for a general salary increase of 2.5% effective January 1, 2009 ($84,536), for performance increases ($33,813) and for structure adjustments to the statewide salary plan ($535). $118,884 $118,884 Amount appropriated in this Act $9,023,817 $9,039,388 37.2. Aviation Purpose: 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 $3,413,588 Federal Funds and Grants $200,000 Federal Funds Not Specifically Identified $200,000 Other Funds $370,000 Other Funds Not Specifically Identified $370,000 State Funds $2,843,588 State General Funds $2,843,588 4658 JOURNAL OF THE SENATE Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,630,550 $2,630,550 Annualize the cost of the FY 2008 salary adjustment. $25,318 $25,318 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($7,788) ($7,788) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,660) ($7,660) Reflect an adjustment in the Workers' Compensation premium rate structure. $6,279 $6,279 Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. $272,959 $272,959 Provide for a reduction in personal services costs due to retirement. ($103,000) ($103,000) Increase federal funds ($190,000) to reflect projected expenditures in FY 2009. $0 $570,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($19,149), for performance increases ($7,660) and for structure adjustments to the statewide salary plan ($121). $26,930 $26,930 Increase funds to complete the renovation at the Reidsville Hangar (one-time change). $0 $0 Increase funds to complete the renovation at the Thomson Hangar (one-time change). $0 $0 Amount appropriated in this Act $2,843,588 $3,413,588 37.3. Capitol Police Services Purpose: Protect life and property, prevent and detect criminal acts, and enforce traffic regulations throughout the Capitol Hill area. Total Funds $7,503,871 Federal Funds and Grants $0 Other Funds $7,503,871 Other Funds Not Specifically Identified $7,503,871 State Funds $0 Intra-State Government Transfers $0 FRIDAY, APRIL 4, 2008 4659 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $3,151,435 Increase other funds ($4,352,436) to reflect projected expenditures in FY 2009. $0 $4,352,436 Amount appropriated in this Act $0 $7,503,871 37.4. Executive Security Services Purpose: Provide facility security for the Governor's Mansion and personal security for its residents, and provide continual security for the Governor, the Lieutenant Governor, the Speaker of the House and their families. Total Funds $1,511,025 Federal Funds and Grants $0 Other Funds $0 State Funds $1,511,025 State General Funds $1,511,025 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,467,064 $1,467,064 Annualize the cost of the FY 2008 salary adjustment. $16,455 $16,455 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($7,091) ($7,091) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($6,974) ($6,974) Reflect an adjustment in the Workers' Compensation premium rate structure. $3,835 $3,835 Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. $13,216 $13,216 Provide for a general salary increase of 2.5% effective January 1, 2009 ($17,435), for performance increases ($6,974) and for structure adjustments to the statewide salary plan ($111). $24,520 $24,520 Amount appropriated in this Act $1,511,025 $1,511,025 4660 JOURNAL OF THE SENATE 37.5. Field Offices and Services Purpose: Reduce criminal activity in the state of Georgia through enforcement of traffic and criminal laws. Total Funds $95,291,613 Federal Funds and Grants $3,118,316 Federal Funds Not Specifically Identified $3,118,316 Other Funds $1,252,400 Other Funds Not Specifically Identified $1,252,400 State Funds $90,920,897 State General Funds $90,920,897 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $78,566,545 $78,566,545 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($297,943) ($297,943) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($293,042) ($293,042) Reflect an adjustment in the Workers' Compensation premium rate structure. $245,416 $245,416 Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. ($383,188) ($383,188) Reduce funds budgeted for post repairs and maintenance. ($100,000) ($100,000) Provide additional funds needed for salaries, equipment, fuel and maintenance costs associated with troopers graduating from the 85th trooper school. $3,030,598 $3,030,598 Provide funds for the 86th trooper school in order to increase patrol coverage statewide to foster a safer driving experience for all those who travel Georgia highways and meet the State Highway Strategic plan goal of one death per 100 million miles driven. $2,847,456 $2,847,456 Provide partial-year funding for the 87th trooper school in order to increase patrol coverage statewide to foster a safer driving experience for all those who travel Georgia highways and meet the State Highway Strategic plan goal of one death per 100 million miles driven. $0 $0 FRIDAY, APRIL 4, 2008 4661 Annualize the cost of the FY 2008 salary adjustment, and annualize FY 2008 pay raise for identified ranks of the Georgia State Patrol troopers through the supervisory rank of captain including all job classes of communication equipment officers, effective January 1, 2008. $6,413,168 $6,413,168 Increase federal ($3,118,316) and other funds ($1,252,400) to reflect projected expenditures in FY 2009. $0 $4,370,716 Redirect one-time funding of 50 standard trooper cars to replace cars projected to surpass 135,000 miles in FY2009. ($1,750,000) ($1,750,000) Transfer funds from the Field Offices and Services program to the Specialized Collision Reconstruction Team (SCRT) program to properly align the budget with anticipated expenditures. ($496,000) ($496,000) Provide funding for computer-aided dispatch and computer terminals in patrol vehicles to increase the efficiency and safety of state troopers. $1,976,302 $1,976,302 Provide for a general salary increase of 2.5% effective January 1, 2009 ($732,604), for performance increases ($293,042) and for structure adjustments to the statewide salary plan ($4,639). $1,030,285 $1,030,285 Reduce one-time funding for training associated with Sexual Predator Act. ($118,700) ($118,700) Provide one-time funding for equipment for the Columbia County State Patrol Post. $250,000 $250,000 Reduce one-time funds received for the North Central Law Enforcement Academy. $0 $0 Amount appropriated in this Act $90,920,897 $95,291,613 Provided, however, from the appropriation of State General Funds designated above for program 37.5. Troop and Post Operations, the amount of $250,000 is specifically appropriated for this purpose: "Provide one-time funding for equipment for the Columbia County State Patrol Post. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 37.5. Troop and Post Operations above may be use used for this specific purpose as well. 37.6. Motor Carrier Compliance Purpose: Provide safety and compliance enforcement for commercial motor carriers, school buses, large passenger vehicles, and ensure enforcement of High Occupancy Vehicle lane use restrictions. Total Funds $21,339,293 Federal Funds and Grants $6,550,143 4662 JOURNAL OF THE SENATE Federal Funds Not Specifically Identified $6,550,143 Other Funds $6,510,227 Other Funds Not Specifically Identified $6,510,227 State Funds $8,278,923 State General Funds $8,278,923 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $7,843,468 $17,602,364 Annualize the cost of the FY 2008 salary adjustment. $286,492 $286,492 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($11,287) ($11,287) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($57,577) ($57,577) Reflect an adjustment in the Workers' Compensation premium rate structure. $15,397 $15,397 Increase federal ($651,053) and other funds ($1,913,329) to reflect projected expenditures in FY 2009. $0 $3,301,474 Provide for a general salary increase of 2.5% effective January 1, 2009 ($143,942), for performance increases ($57,577) and for structure adjustments to the statewide salary plan ($911). $202,430 $202,430 Amount appropriated in this Act $8,278,923 $21,339,293 37.7. Specialized Collision Reconstruction Team (SCRT) Purpose: 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 $3,106,754 Federal Funds and Grants $0 Other Funds $0 State Funds $3,106,754 State General Funds $3,106,754 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, APRIL 4, 2008 4663 Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. Transfer funds to the Specialized Collision Reconstruction Team (SCRT) program from the Field Offices and Services program to properly align the budget with anticipated expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($29,122), for performance increases ($11,649) and for structure adjustments to the statewide salary plan ($184). Amount appropriated in this Act State Funds $2,517,279 $36,479 ($11,844) Total Funds $2,517,279 $36,479 ($11,844) $0 ($11,649) $9,067 $30,467 $0 ($11,649) $9,067 $30,467 $496,000 $496,000 $40,955 $40,955 $3,106,754 $3,106,754 37.8. Troop J Specialty Units Purpose: Support the Forensics Science Division of the Georgia Bureau of Investigation by overseeing and maintaining the entire breath-alcohol program. Total Funds $2,595,107 Federal Funds and Grants $0 Other Funds $0 State Funds $2,595,107 State General Funds $2,595,107 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,460,304 $2,460,304 Annualize the cost of the FY 2008 salary adjustment. $37,221 $37,221 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% ($11,990) ($11,990) 4664 JOURNAL OF THE SENATE to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. Provide for a reduction in personal services costs due to attrition. Provide for a general salary increase of 2.5% effective January 1, 2009 ($29,482), for performance increases ($11,793) and for structure adjustments to the statewide salary plan ($187). Amount appropriated in this Act $0 ($11,793) $13,357 $66,546 $0 $41,462 $0 ($11,793) $13,357 $66,546 $0 $41,462 $2,595,107 $2,595,107 The following appropriations are for agencies attached for administrative purposes. 37.9. Firefighters Standards and Training Council Purpose: Provide professionally trained, competent and ethical firefighters with the proper equipment and facilities to ensure a fire safe environment for our citizens and establish professional standards for fire service training including consulting, testing and certification of Georgia firefighters. Total Funds $857,156 Federal Funds and Grants $0 Other Funds $0 State Funds $857,156 State General Funds $857,156 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $905,403 $905,403 Annualize the cost of the FY 2008 salary adjustment. $8,546 $8,546 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,968) ($2,968) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,091) ($3,091) Reflect an adjustment in the Workers' Compensation ($11,553) ($11,553) FRIDAY, APRIL 4, 2008 4665 premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($7,728), and for performance increases ($3,091). Reduce one-time funding for training and certification of adjunct instructors. Amount appropriated in this Act $10,819 ($50,000) $857,156 $10,819 ($50,000) $857,156 37.10. Office of Highway Safety Purpose: Educate the public on highway safety issues and facilitate the implementation of programs to reduce crashes, injuries and fatalities on Georgia roadways. Total Funds $17,857,232 Federal Funds and Grants $17,233,729 Federal Funds Not Specifically Identified $17,233,729 Other Funds $0 State Funds $623,503 State General Funds $623,503 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $521,295 $3,688,232 Annualize the cost of the FY 2008 salary adjustment. $6,438 $6,438 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($736) ($736) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($804) ($804) Reflect an adjustment in the Workers' Compensation premium rate structure. $13,286 $13,286 Provide state funds to match for federal National Highway Traffic Safety Administration funding for two positions previously funded. (Total Funds: $162,422). $81,211 $162,422 Provide state funds to match federal National Highway Traffic Safety Administration funding for an increase in GBA negotiated rental agreements (Total Funds: $79,319). $0 $0 Increase federal ($13,978,380) funds to reflect projected expenditures in FY 2009. $0 $13,978,380 4666 JOURNAL OF THE SENATE Provide for a general salary increase of 2.5% effective January 1, 2009 ($2,009), and for performance increases ($804). Amount appropriated in this Act $2,813 $10,014 $623,503 $17,857,232 37.11. Peace Officers Standards and Training Council (POST) Purpose: Set standards for the law enforcement community; ensure adequate training at the highest level for all of Georgia's law enforcement officers and public safety professionals; and certify individuals when all requirements are met. Investigate officers and public safety professionals when an allegation of unethical/illegal conduct is made; sanction these individuals' by disciplining officers and public safety professionals when necessary. Total Funds $2,910,146 Federal Funds and Grants $0 Other Funds $0 State Funds $2,910,146 State General Funds $2,910,146 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,126,893 $2,126,893 Annualize the cost of the FY 2008 salary adjustment. $26,508 $26,508 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($7,582) ($7,582) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,748) ($7,748) Reflect an adjustment in the Workers' Compensation premium rate structure. ($5,206) ($5,206) Add one audit position. $38,475 $38,475 Provide for a reduction in monthly telecommunications expenses. ($7,200) ($7,200) Provide for a reduction in regular operating expenses. ($16,832) ($16,832) Increase the contract with the Georgia Sheriff's Association to deliver training associated with the Sex Offender Registration Act. $118,700 $118,700 Provide funding to increase the contract with the Georgia Sheriff's Association to deliver training for an anticipated class of 50 newly elected Sheriffs. $316,952 $316,952 FRIDAY, APRIL 4, 2008 4667 Provide for a general salary increase of 2.5% effective January 1, 2009 ($19,369), and for performance increases ($7,748). Transfer funds from the Public Safety Training Center for the Georgia Association of Chiefs of Police. Amount appropriated in this Act $27,117 $300,069 $2,910,146 $27,117 $300,069 $2,910,146 37.12. Public Safety Training Center Purpose: Develop, deliver and facilitate training that results in professional and competent public safety services for the people of Georgia. Total Funds $17,566,857 Federal Funds and Grants $1,486,742 Federal Funds Not Specifically Identified $1,486,742 Other Funds $2,990,680 Agency Funds $877,160 Other Funds Not Specifically Identified $2,113,520 State Funds $13,089,435 State General Funds $13,089,435 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $12,758,941 $14,393,014 Annualize the cost of the FY 2008 salary adjustment. $131,663 $131,663 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($39,188) ($39,188) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($40,514) ($40,514) Reflect an adjustment in the Workers' Compensation premium rate structure. ($25,251) ($25,251) Provide for a general salary increase of 2.5% effective January 1, 2009 ($101,284), for performance increases ($40,514), for employees in specified critical jobs ($59,702) and for structure adjustments to the statewide salary plan ($2,353). $203,853 $203,853 Provide funds to purchase three burn pods to be used to conduct live Class A fire training. $150,000 $150,000 Increase funds for the North Central Georgia Law $250,000 $250,000 4668 JOURNAL OF THE SENATE Enforcement Academy. Transfer funds to the Peace Officer Standards and Training Council (POST) for the Georgia Association of Chiefs of Police. ($300,069) ($300,069) Increase funds to reflect projected revenue receipts. $0 $2,843,349 Amount appropriated in this Act $13,089,435 $17,566,857 Provided, however, from the appropriation of State General Funds designated above for program 37.12. Police Academy, the amount of $250,000 is specifically appropriated for this purpose: "Increase funds for the North Central Georgia Law Enforcement Academy. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 37.12. Police Academy above may be use used for this specific purpose as well. Section 38: Public Service Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $11,018,009 $600,000 $600,000 $70,000 $70,000 $10,348,009 $10,348,009 $0 38.1. Administration Purpose: Assist the Commissioners and staff in achieving the agency's goals. Total Funds $1,352,864 Federal Funds and Grants $0 Other Funds $70,000 Other Funds Not Specifically Identified $70,000 State Funds $1,282,864 State General Funds $1,282,864 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,258,488 $1,258,488 Annualize the cost of the FY 2008 salary adjustment. $16,813 $16,813 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% ($5,078) ($5,078) FRIDAY, APRIL 4, 2008 4669 to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($13,167), for performance increases ($5,267), and for structure adjustments to the statewide salary plan ($615). Increase other funds ($70,000) to reflect projected expenses for FY 2009. Amount appropriated in this Act $0 $0 ($5,267) ($1,141) $19,049 $0 $0 ($5,267) ($1,141) $19,049 $0 $1,282,864 $70,000 $1,352,864 38.2. Facility Protection Purpose: Provide for the protection of the buried utility facility infrastructure within the State of Georgia. Total Funds $1,467,604 Federal Funds and Grants $600,000 Federal Funds Not Specifically Identified $600,000 Other Funds $0 State Funds $867,604 State General Funds $867,604 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $853,658 $1,302,658 Annualize the cost of the FY 2008 salary adjustment. $8,927 $8,927 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($3,294) ($3,294) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,416) ($3,416) Reflect an adjustment in the Workers' Compensation premium rate structure. ($228) ($228) 4670 JOURNAL OF THE SENATE Provide for a general salary increase of 2.5% effective January 1, 2009 ($8,541) and for performance increases ($3,416). Increase federal funds ($151,000) to reflect projected expenses for FY 2009. Amount appropriated in this Act $11,957 $0 $867,604 $11,957 $151,000 $1,467,604 38.3. Utilities Regulation Purpose: Regulate intrastate telecommunications, natural gas, and electric utilities. Total Funds $8,197,541 Federal Funds and Grants $0 Other Funds $0 State Funds $8,197,541 State General Funds $8,197,541 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $7,853,044 $7,853,044 Annualize the cost of the FY 2008 salary adjustment. $102,398 $102,398 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($29,772) ($29,772) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($30,878) ($30,878) Reflect an adjustment in the Workers' Compensation premium rate structure. ($5,324) ($5,324) Provide additional funds for subject matter experts for nuclear construction monitoring. $200,000 $200,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($77,195) and for performance increases ($30,878). $108,073 $108,073 Amount appropriated in this Act $8,197,541 $8,197,541 Section 39: Regents, University System of Georgia Total Funds Federal Funds and Grants $5,352,721,565 $0 FRIDAY, APRIL 4, 2008 4671 Other Funds Agency Funds Research Funds Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers $3,051,643,714 $1,548,089,984 $1,499,277,515 $4,276,215 $2,301,077,851 $21,837,799 $2,279,240,052 $0 39.1. Advanced Technology Development Center/Economic Development Institute Purpose: Provide strategic business advice and connect its member companies to the people and resources they need to succeed. Total Funds $30,766,736 Federal Funds and Grants $0 Other Funds $12,875,000 Agency Funds $12,875,000 State Funds $17,891,736 State General Funds $17,891,736 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $15,099,712 $27,974,712 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($44,528) ($44,528) Annualize the cost of the FY 2008 salary adjustment. $129,831 $129,831 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $50,873 $50,873 Provide for a general salary increase of 2.5% effective January 1, 2009 ($111,320) and for performance increases ($44,528). $155,848 $155,848 Provide venture capital funding for the Georgia Research Alliance to be matched by private funds. $2,500,000 $2,500,000 Amount appropriated in this Act $17,891,736 $30,766,736 39.2. Agricultural Experiment Station Purpose: Improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competitiveness. 4672 JOURNAL OF THE SENATE Total Funds $82,798,877 Federal Funds and Grants $0 Other Funds $37,552,919 Agency Funds $15,552,919 Research Funds $22,000,000 State Funds $45,245,958 State General Funds $45,245,958 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $42,936,221 $75,377,483 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($163,859) ($163,859) Annualize the cost of the FY 2008 salary adjustment. $469,965 $469,965 Increase other funds ($5,111,657) to reflect projected expenditures. $0 $5,111,657 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $605,124 $605,124 Provide funding for a Food Security Microbiologist position. $125,000 $125,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($409,648) and for performance increases ($163,859). $573,507 $573,507 Add funding for maintenance and operations. $700,000 $700,000 Amount appropriated in this Act $45,245,958 $82,798,877 39.3. Athens/Tifton Veterinary Laboratories Purpose: Ensure the safety of our food supply and the health of animals (production, equine, and companion) within the state of Georgia. Total Funds $4,976,845 Federal Funds and Grants $0 Other Funds $4,944,522 Research Funds $4,944,522 State Funds $32,323 State General Funds $32,323 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous FRIDAY, APRIL 4, 2008 4673 appropriation act: Amount from prior Appropriation Act (HB 95) Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Annualize the cost of the FY 2008 salary adjustment. Transfer funding for the FY 2008 pay raise from the Athens/Tifton Veterinary Laboratories to the contract within the Department of Agriculture. Provide for a general salary increase of 2.5% effective January 1, 2009 ($32,323) and for performance increases ($12,929). Amount appropriated in this Act State Funds $62,192 $0 ($12,929) $0 ($62,192) Total Funds $4,882,330 $0 ($12,929) $62,192 $0 $45,252 $45,252 $32,323 $4,976,845 39.4. Cooperative Extension Service Purpose: Enhance the quality of life for Georgia's citizens through service, learning and the adaptation of research-based information. Total Funds $62,919,325 Federal Funds and Grants $0 Other Funds $25,083,929 Agency Funds $12,083,929 Research Funds $13,000,000 State Funds $37,835,396 State General Funds $37,835,396 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $35,391,924 $58,486,061 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($158,011) ($158,011) Annualize the cost of the FY 2008 salary adjustment. $454,250 $454,250 Increase other funds ($1,989,792) to reflect projected expenditures. $0 $1,989,792 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $719,194 $719,194 Remove one-time funding for facilities upgrade at ($50,000) ($50,000) 4674 JOURNAL OF THE SENATE the Vidalia Onion and Vegetable Research Center. (CC:Restore funds for operations.) Provide funding for an Entomologist position and Peanut Entomologist position. Add funding for maintenance and operations. Provide funding for six extension agent-in-training positions. (CC:Provide funding for three agent-intraining positions.) Provide for a general salary increase of 2.5% effective January 1, 2009 ($395,028) and for performance increases ($158,011). Provide funds for an Agronomist specializing in soybean production for both food and biofuel purposes. Increase funds to renovate and expand the Tift County Multipurpose Livestock Building. (CC:Move to DCA.) Increase funds to renovate and expand the Jeff Davis County Multipurpose Livestock Building. (CC:Move to DCA.) Amount appropriated in this Act $250,000 $300,000 $225,000 $250,000 $300,000 $225,000 $553,039 $553,039 $150,000 $150,000 $0 $0 $0 $0 $37,835,396 $62,919,325 39.5. Forestry Cooperative Extension Purpose: Provide conservation and sustainable management of forests and other natural resources and to put into practice forestry and natural resources knowledge. Total Funds $1,040,307 Federal Funds and Grants $0 Other Funds $324,417 Agency Funds $24,012 Research Funds $200,000 Other Funds Not Specifically Identified $100,405 State Funds $715,890 State General Funds $715,890 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $687,388 $987,793 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,290) ($3,290) Annualize the cost of the FY 2008 salary $9,108 $9,108 FRIDAY, APRIL 4, 2008 4675 adjustment. Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. Increase other funds ($24,012) to reflect projected expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($8,224) and for performance increases ($3,290). Amount appropriated in this Act $11,170 $0 $11,514 $715,890 $11,170 $24,012 $11,514 $1,040,307 39.6. Forestry Research Purpose: Sustain competitiveness of Georgia's forest products' industry and private land owners through research and meet the environmental goals of Sustainable Forestry Initiative. Total Funds $6,361,406 Federal Funds and Grants $0 Other Funds $2,950,426 Agency Funds $400,426 Research Funds $2,000,000 Other Funds Not Specifically Identified $550,000 State Funds $3,410,980 State General Funds $3,410,980 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,276,331 $5,826,331 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($15,810) ($15,810) Annualize the cost of the FY 2008 salary adjustment. $42,002 $42,002 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $53,122 $53,122 Provide for a general salary increase of 2.5% effective January 1, 2009 ($39,525) and for performance increases ($15,810). $55,335 $55,335 Increase funds to reflect projected revenue receipts. $0 $400,426 Amount appropriated in this Act $3,410,980 $6,361,406 4676 JOURNAL OF THE SENATE 39.7. Georgia Eminent Scholars Endowment Trust Fund Purpose: 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 Funds $1,500,000 Federal Funds and Grants $0 Other Funds $0 State Funds $1,500,000 State General Funds $1,500,000 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $500,000 $500,000 Increase funds for Eminent Scholars at Georgia Southern University and Kennesaw State University. $1,000,000 $1,000,000 Amount appropriated in this Act $1,500,000 $1,500,000 39.8. Georgia Radiation Therapy Center Purpose: Provide patient care and education. Total Funds Other Funds Other Funds Not Specifically Identified $3,625,810 $3,625,810 $3,625,810 39.9. Georgia Tech Research Institute Purpose: Aid in the promotion of scientific, engineering, and industrial research for the advancement of science, technology, and education in Georgia. Total Funds $141,970,860 Federal Funds and Grants $0 Other Funds $133,917,958 Research Funds $133,917,958 State Funds $8,052,902 State General Funds $8,052,902 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $7,868,427 $141,786,385 Reduce general salary increase from 2.5% to 2%. $0 $0 FRIDAY, APRIL 4, 2008 4677 Delete funding for performance increases. Annualize the cost of the FY 2008 salary adjustment. Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. Remove one-time funding for the Agricultural Technology Research Program to replace Ion/High Pressure Liquid Chromatograph. Provide for a general salary increase of 2.5% effective January 1, 2009 ($91,425) and for performance increases ($36,570). Amount appropriated in this Act ($36,570) $105,629 $32,421 ($36,570) $105,629 $32,421 ($45,000) ($45,000) $127,995 $127,995 $8,052,902 $141,970,860 39.10. Marine Institute Purpose: Understand the processes that affect the condition of the salt marsh and coastline. Total Funds $1,429,882 Federal Funds and Grants $0 Other Funds $435,281 Agency Funds ($264,719) Research Funds $700,000 State Funds $994,601 State General Funds $994,601 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $964,361 $1,731,994 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,483) ($3,483) Annualize the cost of the FY 2008 salary adjustment. $9,810 $9,810 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $11,722 $11,722 Provide for a general salary increase of 2.5% effective January 1, 2009 ($8,708) and for performance increases ($3,483). $12,191 $12,191 Reduce funds to reflect projected revenue receipts. $0 ($332,352) Amount appropriated in this Act $994,601 $1,429,882 4678 JOURNAL OF THE SENATE 39.11. Marine Resource Extension Center Purpose: Transfer technology, provide training, and conduct applied research. Total Funds $2,973,878 Federal Funds and Grants $0 Other Funds $1,345,529 Agency Funds $745,529 Research Funds $600,000 State Funds $1,628,349 State General Funds $1,628,349 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,576,721 $2,761,521 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($6,527) ($6,527) Annualize the cost of the FY 2008 salary adjustment. $17,242 $17,242 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $18,070 $18,070 Provide for a general salary increase of 2.5% effective January 1, 2009 ($16,316) and for performance increases ($6,527). $22,843 $22,843 Increase funds to reflect projected revenue receipts. $0 $160,729 Amount appropriated in this Act $1,628,349 $2,973,878 39.12. Medical College of Georgia Hospitals and Clinics Purpose: Care, teach, and refer clients. Total Funds $33,921,721 Federal Funds and Grants $0 Other Funds $0 State Funds $33,921,721 State General Funds $33,921,721 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $33,181,112 $33,181,112 Reduce general salary increase from 2.5% to 2%. $0 $0 FRIDAY, APRIL 4, 2008 4679 Delete funding for performance increases. Annualize the cost of the FY 2008 salary adjustment. Provide for a general salary increase of 2.5% effective January 1, 2009 ($343,591) and for performance increases ($137,437). Amount appropriated in this Act ($137,437) $397,018 $481,028 ($137,437) $397,018 $481,028 $33,921,721 $33,921,721 39.13. Office of Minority Business Enterprises Purpose: Provide assistance in the mitigation of factors that place minority businesses in a disadvantaged position. Total Funds $906,390 Federal Funds and Grants $0 Other Funds $0 State Funds $906,390 State General Funds $906,390 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $884,273 $884,273 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,273) ($2,273) Annualize the cost of the FY 2008 salary adjustment. $6,910 $6,910 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $9,526 $9,526 Provide for a general salary increase of 2.5% effective January 1, 2009 ($5,681) and for performance increases ($2,273). $7,954 $7,954 Amount appropriated in this Act $906,390 $906,390 39.14. Public Libraries Purpose: Provide library services for Georgians and to award grants from the Public Library Fund. Total Funds $46,271,055 Federal Funds and Grants $0 Other Funds $4,522,400 Agency Funds $4,522,400 4680 JOURNAL OF THE SENATE State Funds $41,748,655 State General Funds $41,748,655 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $41,015,101 $45,537,501 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($103,647) ($103,647) Annualize the cost of the FY 2008 salary adjustment. $314,188 $314,188 Provide funding to expand the PINES library network to broaden service and access to system library resources. $579,714 $579,714 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $9,122 $9,122 Add funds to the New Directions formula based on an increase in state population. $125,431 $125,431 Provide funding to upgrade telecommunication lines. $240,588 $240,588 Remove one-time funding for equipment. ($109,000) ($109,000) Provide for a general salary increase of 2.5% effective January 1, 2009 ($259,116) and for performance increases ($103,647). $362,763 $362,763 Reduce base funding to reflect the correct employer share percentage for State Health Benefit Plan premiums for library employees of 18.534% rather than 22.843% included in the FY 2008 budget and FY 2009 base. ($685,605) ($685,605) Amount appropriated in this Act $41,748,655 $46,271,055 39.15. Public Service/Special Funding Initiatives Purpose: Provide leadership, service, and education. Total Funds Federal Funds and Grants Other Funds State Funds Tobacco Funds State General Funds Intra-State Government Transfers $53,025,927 $0 $0 $53,025,927 $5,000,000 $48,025,927 $0 FRIDAY, APRIL 4, 2008 4681 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $46,081,344 $46,081,344 Reduce general salary increase from 2.5% to 2%. $0 $0 Annualize the cost of the FY 2008 salary adjustment. $161,903 $161,903 Remove one-time funding for the Chattahoochee Hills-South Fulton study. ($150,000) ($150,000) Eliminate the Georgia Water Policy Research Center. $0 $0 Remove one-time funding for internship opportunities in Washington D.C. for Georgia college students. $0 $0 Provide additional funding to support the start-up of Georgia Gwinnett College. $6,500,000 $6,500,000 Provide for a general salary increase of 2.5% effective January 1, 2009. $357,680 $357,680 Increase funds for operating expenses for the University of Georgia at Oxford study abroad program. $75,000 $75,000 Amount appropriated in this Act $53,025,927 $53,025,927 Provided, however, from the appropriation of State General Funds designated above for program 39.15. SFI - Water Policy Research, the amount of $360,000 is specifically appropriated for this purpose: "Restore funding at Albany State University and Georgia Southern University for the Georgia Water Policy Research Center. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 39.15. SFI - Water Policy Research above may be used for this specific purpose as well. Provided, however, from the appropriation of State General Funds designated above for program 39.15. Public Service/Special Funding Initiatives, the amount of $75,000 is specifically appropriated for this purpose: "Increase funds for operating expenses for the University of Georgia at Oxford study abroad program". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 39.15. Public Service/Special Funding Initiatives above may be used for this specific purpose as well. 39.16. Regents Central Office Purpose: Provide administrative support to all colleges and universities in the university system. Total Funds $7,981,264 Federal Funds and Grants $0 Other Funds $0 4682 JOURNAL OF THE SENATE State Funds $7,981,264 State General Funds $7,981,264 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $7,683,800 $7,683,800 Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($29,856) ($29,856) Reflect an adjustment in the Workers' Compensation premium rate structure. ($34,667) ($34,667) Annualize the cost of the FY 2008 salary adjustment. $96,340 $96,340 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $55,501 $55,501 Increase funding for Southern Regional Education Board (SREB) dues and the Regional Contract program to meet actual contract costs. $105,650 $105,650 Provide for a general salary increase of 2.5% effective January 1, 2009 ($74,640) and for performance increases ($29,856). $104,496 $104,496 Amount appropriated in this Act $7,981,264 $7,981,264 39.17. Research Consortium Purpose: Conduct research to further industry in the State of Georgia. Total Funds Federal Funds and Grants Other Funds State Funds Tobacco Funds State General Funds Intra-State Government Transfers $32,183,995 $0 $0 $32,183,995 $750,000 $31,433,995 $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $36,745,015 $36,745,015 FRIDAY, APRIL 4, 2008 4683 Reduce general salary increase from 2.5% to 2%. Annualize the cost of the FY 2008 salary adjustment. Remove partial funding for the life sciences vaccine initiative. Provide for a general salary increase of 2.5% effective January 1, 2009. Provide funding for Georgia Research Alliance venture capital. Amount appropriated in this Act $0 $236,072 ($5,000,000) $202,908 $0 $32,183,995 $0 $236,072 ($5,000,000) $202,908 $0 $32,183,995 39.18. Skidaway Institute of Oceanography Purpose: Provide a center of excellence in marine and ocean science research which expands the body of knowledge on marine environments. Total Funds $6,514,972 Federal Funds and Grants $0 Other Funds $4,758,000 Agency Funds $1,145,000 Research Funds $3,613,000 State Funds $1,756,972 State General Funds $1,756,972 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,712,710 $6,470,710 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($5,769) ($5,769) Reflect an adjustment in the Workers' Compensation premium rate structure. ($2,765) ($2,765) Annualize the cost of the FY 2008 salary adjustment. $19,115 $19,115 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $13,489 $13,489 Provide for a general salary increase of 2.5% effective January 1, 2009 ($14,423) and for performance increases ($5,769). $20,192 $20,192 Amount appropriated in this Act $1,756,972 $6,514,972 4684 JOURNAL OF THE SENATE 39.19. Student Education Enrichment Program Purpose: Provide underrepresented Georgia residents the opportunity to acquire educational experiences. Total Funds $322,377 Federal Funds and Grants $0 Other Funds $0 State Funds $322,377 State General Funds $322,377 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $314,737 $314,737 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($600) ($600) Annualize the cost of the FY 2008 salary adjustment. $1,660 $1,660 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $4,481 $4,481 Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,499) and for performance increases ($600). $2,099 $2,099 Amount appropriated in this Act $322,377 $322,377 39.20. Teaching Purpose: 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 $4,780,193,126 Federal Funds and Grants $0 Other Funds $2,809,685,572 Agency Funds $1,491,383,537 Research Funds $1,318,302,035 State Funds $1,970,507,554 State General Funds $1,970,507,554 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, APRIL 4, 2008 4685 Amount from prior Appropriation Act (HB 95) Reduce general salary increase from 2.5% to 2%. Reflect an adjustment in the Workers' Compensation premium rate structure. Annualize the cost of the FY 2008 salary adjustment. Provide funding for enrollment growth based on a 3.36% increase in semester credit hours and operating expenses related to additional square footage. Provide funding to the Medical College of Georgia for faculty and operating expenses to expand the medical school capacity. Adjust debt service payback amount for the Olympic dormitories at Georgia Tech ($4,456,033) and Georgia State University ($3,375,845). Remove one-time funding for the MCG dental school design ($5,000,000), UGA Griffin infrastructure ($1,300,000), Middle Georgia College outdoor education center ($375,000), Darton College roof repair ($75,000), and KSU physical education addition ($100,000). (CC:Restore $75,000 for Darton College roof repair.) Remove one-time funding for township studies for the Carl Vinson Institute of Government ($400,000), Fort Valley Cooperative Energy Program ($100,000), and charter school funding for Valdosta State University ($125,000). Increase other funds ($99,233,192) to reflect projected expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009. Provide funding for infrastructure needs at the UGA-Griffin campus. Reduce base funding for MRR. (Governor Revised: Provide bond funding) Provide funding for scholarship support in the establishment of Collegiate Sports Programs for Students with Disabilities. Provide funds for the production of Braille college text materials. Provide funding to renovate the Cyber Crime and State Funds $1,820,227,086 $0 ($1,615,553) Total Funds $4,530,679,466 $0 ($1,615,553) $23,000,000 $23,000,000 $115,488,249 $115,488,249 $7,161,000 $7,161,000 $7,831,878 $7,831,878 ($6,775,000) ($6,775,000) ($625,000) ($625,000) $0 $22,051,994 $800,000 ($17,500,000) $0 $99,233,192 $22,051,994 $800,000 ($17,500,000) $0 $300,000 $63,900 $300,000 $63,900 4686 JOURNAL OF THE SENATE Homeland Security facility at Armstrong State University. Provide funds for the planning and implementation of a program at Kennesaw State University for disadvantaged youth. $200,000 $200,000 Transfer funds to the Teachers' Retirement System per HB815 (2008 Session). ($121,000) ($121,000) Increase funds for the Georgia Tech Regional Engineering Program (GTREP) at Georgia TechSavannah to study tidal power. $20,000 $20,000 Amount appropriated in this Act $1,970,507,554 $4,780,193,126 Provided, however, from the appropriation of State General Funds designated above for program 39.20. Resident Instruction, the amount of $200,000 is specifically appropriated for this purpose: "Provide funds for the planning and implementation of a program at Kennesaw State University for disadvantaged youth. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 39.20. Resident Instruction above may be use used for this specific purpose as well. 39.21. Veterinary Medicine Experiment Station Purpose: Coordinate and conduct research on animal disease problems of present and potential concern to Georgia's livestock and poultry industries. Total Funds $3,504,264 Federal Funds and Grants $0 Other Funds $0 State Funds $3,504,264 State General Funds $3,504,264 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,384,254 $3,384,254 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($12,860) ($12,860) Annualize the cost of the FY 2008 salary adjustment. $38,569 $38,569 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $49,292 $49,292 Provide for a general salary increase of 2.5% effective January 1, 2009 ($32,149) and for performance increases ($12,860). $45,009 $45,009 FRIDAY, APRIL 4, 2008 4687 Amount appropriated in this Act $3,504,264 $3,504,264 39.22. Veterinary Medicine Teaching Hospital Purpose: Provide state of the art capabilities in diagnostic imaging, including MRI, CT scanning, nuclear scintigraphy, and various methods of ultrasonography. Total Funds $10,190,290 Federal Funds and Grants $0 Other Funds $9,621,951 Agency Funds $9,621,951 State Funds $568,339 State General Funds $568,339 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $502,585 $7,202,585 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,463) ($1,463) Annualize the cost of the FY 2008 salary adjustment. $4,176 $4,176 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $57,922 $57,922 Provide for a general salary increase of 2.5% effective January 1, 2009 ($3,656) and for performance increases ($1,463). $5,119 $5,119 Increase funds to reflect projected revenue receipts. $0 $2,921,951 Amount appropriated in this Act $568,339 $10,190,290 The following appropriations are for agencies attached for administrative purposes. 39.23. Payments to the Georgia Cancer Coalition Purpose: Provide funds to the Cancer Coalition for ongoing research and preventative measures. Total Funds $16,087,799 Federal Funds and Grants $0 Other Funds $0 State Funds $16,087,799 Tobacco Funds $16,087,799 Intra-State Government Transfers $0 4688 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 95) $14,587,799 $14,587,799 Continue funds for development and implementation of the Quality Information Exchange to be allotted upon receipt of federal or private funding. $0 $0 Eliminate funds for the cancer cohort study. ($200,000) ($200,000) Reduce funds for the Faith-Based and Workplace Initiative. ($50,000) ($50,000) Provide funds for the National Community Cancer Center Program. $150,000 $150,000 Increase funds for tumor tissue banking. $100,000 $100,000 Redirect core funding for Regional Cancer Coalitions from the Department of Community Health to the Board of Regents. (CC: Redirect core funding of $250,000 for each Regional Cancer Coalition: Central Georgia Cancer Coalition, East Georgia Cancer Coalition, Northwest Georgia Regional Cancer Coalition, Southeast Georgia Cancer Alliance, Southwest Georgia Cancer Coalition, and West Central Georgia Cancer Coalition from the Department of Community Health to the Board of Regents.) $1,500,000 $1,500,000 Amount appropriated in this Act $16,087,799 $16,087,799 39.24. Payments to Georgia Military College Purpose: Provide quality basic education funding for grades six through 12. Total Funds $3,062,916 Federal Funds and Grants $0 Other Funds $0 State Funds $3,062,916 State General Funds $3,062,916 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,062,152 $3,062,152 Reflect an adjustment in the Workers' Compensation premium rate structure. ($35,818) ($35,818) Increase QBE funds for the preparatory school. $36,582 $36,582 FRIDAY, APRIL 4, 2008 4689 Amount appropriated in this Act $3,062,916 $3,062,916 39.25. Payments to Georgia Public Telecommunications Commission Purpose: 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 $18,191,543 Federal Funds and Grants $0 Other Funds $0 State Funds $18,191,543 State General Funds $18,191,543 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $18,069,614 $18,069,614 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($49,220) ($49,220) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($41,144) ($41,144) Reflect an adjustment in the Workers' Compensation premium rate structure. ($14,307) ($14,307) Annualize the cost of the FY 2008 salary adjustment. $82,597 $82,597 Provide for a general salary increase of 2.5% effective January 1, 2009 ($102,859) and for performance increases ($41,144). $144,003 $144,003 Amount appropriated in this Act $18,191,543 $18,191,543 Section 40: Revenue, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds Tobacco Funds $580,140,011 $397,422 $397,422 $22,244,548 $21,165,098 $1,079,450 $557,498,041 $150,000 4690 JOURNAL OF THE SENATE State General Funds Intra-State Government Transfers $557,348,041 $0 40.1. Administration Purpose: 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 $4,530,944 Federal Funds and Grants $0 Other Funds $375,000 Agency Funds $375,000 State Funds $4,155,944 State General Funds $4,155,944 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $4,070,980 $4,070,980 Annualize the cost of the FY 2008 salary adjustment. $64,403 $64,403 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($12,895) ($12,895) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($13,768) ($13,768) Reflect an adjustment in the Workers' Compensation premium rate structure. ($964) ($964) Increase other funds ($375,000) to reflect projected expenditures for FY 2009. $0 $375,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($34,420), and for performance increases ($13,768). $48,188 $48,188 Amount appropriated in this Act $4,155,944 $4,530,944 40.2. Customer Service Purpose: 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 $13,574,373 Federal Funds and Grants $0 Other Funds $2,110,135 Agency Funds $2,110,135 FRIDAY, APRIL 4, 2008 4691 State Funds $11,464,238 State General Funds $11,464,238 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $11,289,216 $13,399,351 Annualize the cost of the FY 2008 salary adjustment. $118,745 $118,745 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($36,351) ($36,351) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($38,813) ($38,813) Reflect an adjustment in the Workers' Compensation premium rate structure. ($4,403) ($4,403) Provide for a general salary increase of 2.5% effective January 1, 2009 ($97,031) and for performance increases ($38,813). $135,844 $135,844 Amount appropriated in this Act $11,464,238 $13,574,373 40.3. Homeowner Tax Relief Grants (HTRG) Purpose: To provide homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $8,000 for the taxable year beginning January 1, 2008 and is separate and distinct from the homestead exemption of $2,000 in O.C.G.A. 48-5-44. Total Funds $428,290,501 Federal Funds and Grants $0 Other Funds $0 State Funds $428,290,501 State General Funds $428,290,501 Intra-State Government Transfers $0 40.4. Industry Regulation Purpose: To provide regulation of the distribution, sale, and consumption of alcoholic beverages and tobacco products and ensure all coin operated amusement machines are properly licensed and decaled. Total Funds $5,156,656 Federal Funds and Grants $187,422 Federal Funds Not Specifically Identified $187,422 4692 JOURNAL OF THE SENATE Other Funds $0 State Funds $4,969,234 Tobacco Funds $150,000 State General Funds $4,819,234 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $4,879,168 $4,879,168 Annualize the cost of the FY 2008 salary adjustment. $67,677 $67,677 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($14,313) ($14,313) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($15,282) ($15,282) Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,502) ($1,502) Increase federal($187,422) to reflect projected expenditures for FY 2009. $0 $187,422 Provide for a general salary increase of 2.5% effective January 1, 2009 ($38,204) and for performance increases ($15,282). $53,486 $53,486 Amount appropriated in this Act $4,969,234 $5,156,656 40.5. Local Tax Officials Retirement and FICA Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $5,149,163 $0 $0 $5,149,163 $5,149,163 $0 40.6. Revenue Processing Purpose: 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 $42,617,635 Federal Funds and Grants $0 Other Funds $426,769 FRIDAY, APRIL 4, 2008 4693 Other Funds Not Specifically Identified $426,769 State Funds $42,190,866 State General Funds $42,190,866 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $41,637,960 $42,064,729 Annualize the cost of the FY 2008 salary adjustment. $412,316 $412,316 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($90,642) ($90,642) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($96,781) ($96,781) Reflect an adjustment in the Workers' Compensation premium rate structure. ($10,721) ($10,721) Provide for a general salary increase of 2.5% effective January 1, 2009 ($241,953) and for performance increases ($96,781). $338,734 $338,734 Amount appropriated in this Act $42,190,866 $42,617,635 40.7. Salvage Inspection Purpose: To inspect rebuilt salvage vehicles. Total Funds $1,704,133 Federal Funds and Grants $0 Other Funds $0 State Funds $1,704,133 State General Funds $1,704,133 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,671,368 $1,671,368 Annualize the cost of the FY 2008 salary adjustment. $24,174 $24,174 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% ($5,515) ($5,515) 4694 JOURNAL OF THE SENATE to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($14,720) and for performance increases ($5,888). Amount appropriated in this Act $0 $0 ($5,888) ($614) $20,608 $1,704,133 $0 $0 ($5,888) ($614) $20,608 $1,704,133 40.8. State Board of Equalization Purpose: 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 40.9. Tag and Title Registration Purpose: To establish motor vehicle ownership. Total Funds $27,144,939 Federal Funds and Grants $0 Other Funds $3,695,700 Agency Funds $3,043,019 Other Funds Not Specifically Identified $652,681 State Funds $23,449,239 State General Funds $23,449,239 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $23,185,574 $23,838,255 Annualize the cost of the FY 2008 salary adjustment. $198,318 $198,318 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($42,403) ($42,403) FRIDAY, APRIL 4, 2008 4695 Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide funding to ensure proper inventory for motor vehicle tags and registration cards and implement digital plate manufacturing technology. Increase other funds ($147,319) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($113,187) and for performance increases ($45,275). Amount appropriated in this Act $0 $0 ($45,275) ($5,437) $0 $0 $0 ($45,275) ($5,437) $2,895,700 $0 $158,462 $147,319 $158,462 $23,449,239 $27,144,939 40.10. Tax Compliance Purpose: To ensure that all taxpayers pay the correct amount of taxes owed under the law. Total Funds $51,966,667 Federal Funds and Grants $210,000 Federal Funds Not Specifically Identified $210,000 Other Funds $15,636,944 Agency Funds $15,636,944 State Funds $36,119,723 State General Funds $36,119,723 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $34,062,729 $37,878,492 Annualize the cost of the FY 2008 salary adjustment. $442,984 $442,984 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($105,322) ($105,322) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($112,455) ($112,455) Reflect an adjustment in the Workers' Compensation premium rate structure. ($11,583) ($11,583) Increase federal funds ($210,000) and other funds $0 $12,031,181 4696 JOURNAL OF THE SENATE ($11,821,181) to reflect projected expenditures for FY 2009. Provide funds for ongoing maintenance, support and development costs for the multi-year data warehouse project. $1,210,020 $1,210,020 Provide for a general salary increase of 2.5% effective January 1, 2009 ($281,139), for performance increases ($112,456), for employees in specified critical jobs ($28,538), and for structure adjustments to the statewide salary plan ($15,017). $437,150 $437,150 Provide funding for 3 additional auditors of sales tax receipts. $196,200 $196,200 Amount appropriated in this Act $36,119,723 $51,966,667 Provided, however, from the appropriation of State General Funds designated above for program 40.10. Tax Compliance, the amount of $196,200 is specifically appropriated for this purpose: "Provide funding for 3 additional auditors to enhance revenue collections". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 40.10. Tax Compliance above may be used for this specific purpose as well. Section 41: Secretary of State Total Funds Federal Funds and Grants Other Funds Agency Funds Records Center Storage Fee Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $42,444,284 $0 $1,939,894 $439,611 $435,771 $1,064,512 $40,504,390 $40,504,390 $0 41.1. Administration Total Funds $0 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $5,303,115 $5,333,115 FRIDAY, APRIL 4, 2008 4697 Transfer all Administration Program data to Administration Subprogram. Amount appropriated in this Act ($5,303,115) $0 ($5,333,115) $0 41.2. Administration Services Purpose: Provide administrative support to the Office of Secretary of State and its attached agencies. Total Funds $8,579,605 Federal Funds and Grants $0 Other Funds $127,578 Agency Funds $97,578 Other Funds Not Specifically Identified $30,000 State Funds $8,452,027 State General Funds $8,452,027 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $0 Annualize the cost of the FY 2008 salary adjustment. $70,639 $70,639 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($29,767) ($29,767) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($36,608) ($36,608) Reflect an adjustment in the Workers' Compensation premium rate structure. ($4,632) ($4,632) Transfer all Administration Program data to Administration Subprogram. $5,303,115 $5,333,115 Transfer funding from the Elections program ($229,798 and three positions), the Professional Licensing Boards program ($2,929,332 and 45 positions) and the Securities program ($309,977 and four positions) to consolidate the Investigation Unit. $3,469,107 $3,469,107 Reduce funding for one position ($116,059) and GBA rent ($8,000) associated with the Capitol Museum. ($124,059) ($124,059) Transfer the Capitol Museum function, including ($155,917) ($155,917) 4698 JOURNAL OF THE SENATE two positions from the Administration program to the Archives program. Increase funds to restore funds that were erroneously cut in FY08. Delete one-time funds for Voter ID educational activities. Provide for a general salary increase of 2.5% effective January 1, 2009 ($91,519), for performance increases ($36,608), and for structure adjustments to the statewide salary plan ($919). Eliminate the contract agreement with the YMCA for the Youth Assembly Conference. Eliminate funding for the Silver Haired Legislature. Reduce funds for contractual services. Increase funds to reflect projected revenue receipts. Amount appropriated in this Act $431,103 ($500,000) $129,046 $431,103 ($500,000) $129,046 ($10,000) ($50,000) ($40,000) $0 $8,452,027 ($10,000) ($50,000) ($40,000) $97,578 $8,579,605 41.3. Archives Purpose: 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 $6,896,086 Federal Funds and Grants $0 Other Funds $532,671 Agency Funds $21,900 Records Center Storage Fee $435,771 Other Funds Not Specifically Identified $75,000 State Funds $6,363,415 State General Funds $6,363,415 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $6,204,038 $6,714,809 Annualize the cost of the FY 2008 salary adjustment. $47,231 $47,231 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($13,484) ($13,484) Increase the GBA real estate rental rate for office space. $0 $0 FRIDAY, APRIL 4, 2008 4699 Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Eliminate the Georgia Historical Society ($98,000) grant and reduce funding to the Georgia Historical Records Advisory Board ($36,000). Increase repairs and maintenance to maintain the HVAC system, generator, scanners, micro equipment, and other critical systems. Transfer the Capitol Museum function, including two positions from the Administration program to the Archives program. Provide for a general salary increase of 2.5% effective January 1, 2009 ($40,284), for performance increases ($16,114), and for structure adjustments to the statewide salary plan ($405). Eliminate funding for one assistant division director position. Reduce funds for temporary help. Increase funds to reflect projected revenue receipts. Amount appropriated in this Act $0 ($16,114) ($2,098) ($36,000) $100,000 $155,917 $56,803 $0 ($16,114) ($2,098) ($36,000) $100,000 $155,917 $56,803 ($102,878) ($30,000) $0 $6,363,415 ($102,878) ($30,000) $21,900 $6,896,086 41.4. Capitol Tours Purpose: Provide guided informational tours of the State Capitol. Total Funds $168,558 Federal Funds and Grants $0 Other Funds $0 State Funds $168,558 State General Funds $168,558 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $165,573 $165,573 Annualize the cost of the FY 2008 salary adjustment. $2,197 $2,197 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($763) ($763) Reduce general salary increase from 2.5% to 2%. $0 $0 4700 JOURNAL OF THE SENATE Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,653), for performance increases ($661), and for structure adjustments to the statewide salary plan ($17). Amount appropriated in this Act ($661) ($119) $2,331 ($661) ($119) $2,331 $168,558 $168,558 41.5. Corporations Purpose: Accept and review findings made pursuant to statutes; issue certifications of records on file; and provide information to the public on all filed entities. Total Funds $2,079,035 Federal Funds and Grants $0 Other Funds $739,512 Other Funds Not Specifically Identified $739,512 State Funds $1,339,523 State General Funds $1,339,523 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,305,140 $2,044,652 Annualize the cost of the FY 2008 salary adjustment. $23,626 $23,626 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($7,378) ($7,378) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,636) ($7,636) Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,148) ($1,148) Provide funding for the maintenance contract for the Office Automation Solutions Knowledge Base software application. $0 $0 Provide funding for the mailing of corporate administrative dissolution letters and certificates to remove the backlog of inactive or unqualified $0 $0 FRIDAY, APRIL 4, 2008 4701 corporations from the database, and implement the mailing of dissolution letters and certificates yearly. Provide funding for the maintenance contract for the Office Automation Solutions Knowledge Base software application. (CC:Eliminate funding.) Provide for a general salary increase of 2.5% effective January 1, 2009 ($19,091), for performance increases ($7,636), and for structure adjustments to the statewide salary plan ($192). Amount appropriated in this Act $0 $0 $26,919 $26,919 $1,339,523 $2,079,035 41.6. Elections Purpose: 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 law and assisting candidates, local governments, and citizens in interpreting and complying with all election, voter registration and financial disclosure laws. Total Funds $6,369,695 Federal Funds and Grants $0 Other Funds $340,133 Agency Funds $320,133 Other Funds Not Specifically Identified $20,000 State Funds $6,029,562 State General Funds $6,029,562 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $5,298,929 $5,318,929 Annualize the cost of the FY 2008 salary adjustment. $27,087 $27,087 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($7,378) ($7,378) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,641) ($7,641) Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,148) ($1,148) Transfer funding from the Elections program ($229,798) ($229,798) 4702 JOURNAL OF THE SENATE ($229,798 and three positions), the Professional Licensing Boards program ($2,929,332 and 45 positions) and the Securities program ($309,977 and four positions) to consolidate the Investigation Unit. Delete one-time funds associated with an independent audit of Georgia's election procedures, guidelines, and security measures. Provide for reduced operating expenses by combining the mailrooms of the Administration program and the Elections program. Increase funds to support local registrars' operating expenses associated with creating voter photo IDs. Provide funding for Voter ID educational efforts statewide. Provide funding to design, implement, and maintain an online training program for local election officials. Provide funding for the training and deployment of temporary voting machine technicians to support the 2008 election cycle. Provide funding for independent validation and verification requirements, project management, feasibility study, and business process mapping for a new voter registration system. Provide for a general salary increase of 2.5% effective January 1, 2009 ($19,101), for performance increases ($7,641), and for structure adjustments to the statewide salary plan ($192). Increase funds to reflect projected revenue receipts. Amount appropriated in this Act ($100,000) ($27,423) $60,000 $500,000 $90,000 $400,000 $0 ($100,000) ($27,423) $60,000 $500,000 $90,000 $400,000 $0 $26,934 $26,934 $0 $6,029,562 $320,133 $6,369,695 41.7. Professional Licensing Boards Purpose: Protect the public health and welfare by supporting all operations of Boards which license professions. Total Funds $8,905,732 Federal Funds and Grants $0 Other Funds $150,000 Other Funds Not Specifically Identified $150,000 State Funds $8,755,732 State General Funds $8,755,732 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous FRIDAY, APRIL 4, 2008 4703 appropriation act: Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Transfer funding from the Elections program ($229,798 and three positions), the Professional Licensing Boards program ($2,929,332 and 45 positions) and the Securities program ($309,977 and four positions) to consolidate the Investigation Unit. Delete one-time funds associated with an independent audit of the Professional Licensing Boards to improve customer service. Reduce funding for one accounting administrative clerk, one computer service administrative clerk, one examination development and testing unit customer service agent, and one attorney. Provide for a general salary increase of 2.5% effective January 1, 2009 ($70,986), for performance increases ($28,394), and for structure adjustments to the statewide salary plan ($713). Reduce funds due to implementation of additional online testing for licensure. Amount appropriated in this Act State Funds $11,972,078 $138,816 ($33,584) Total Funds $12,122,078 $138,816 ($33,584) $0 ($28,394) ($5,226) ($2,929,332) $0 ($28,394) ($5,226) ($2,929,332) ($100,000) ($194,255) ($100,000) ($194,255) $100,093 $100,093 ($164,464) $8,755,732 ($164,464) $8,905,732 41.8. Securities Purpose: Provide for registration, compliance and enforcement of the provisions of the Georgia Codes, and to provide information to the public regarding subjects of such codes. Total Funds $1,912,983 Federal Funds and Grants $0 Other Funds $50,000 Other Funds Not Specifically Identified $50,000 State Funds $1,862,983 State General Funds $1,862,983 4704 JOURNAL OF THE SENATE Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,191,515 $2,241,515 Annualize the cost of the FY 2008 salary adjustment. $32,251 $32,251 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($7,378) ($7,378) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($8,369) ($8,369) Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,148) ($1,148) Transfer funding from the Elections program ($229,798 and three positions), the Professional Licensing Boards program ($2,929,332 and 45 positions) and the Securities program ($309,977 and four positions) to consolidate the Investigation Unit. ($309,977) ($309,977) Eliminate funding for one junior auditor position. ($63,411) ($63,411) Provide for a general salary increase of 2.5% effective January 1, 2009 ($20,921), for performance increases ($8,369), and for structure adjustments to the statewide salary plan ($210). $29,500 $29,500 Amount appropriated in this Act $1,862,983 $1,912,983 The following appropriations are for agencies attached for administrative purposes. 41.9. Georgia Commission on the Holocaust Purpose: 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 $364,819 Federal Funds and Grants $0 Other Funds $0 State Funds $364,819 State General Funds $364,819 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, APRIL 4, 2008 4705 Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($3,173) and for performance increases ($1,269). Funding for travel expenses and an increase in temporary labor for part-time support for the Anne Frank in the World Exhibit and the Commission offices. Amount appropriated in this Act State Funds $340,743 $3,781 ($1,222) Total Funds $340,743 $3,781 ($1,222) $0 ($1,269) ($1,656) $4,442 $0 ($1,269) ($1,656) $4,442 $20,000 $20,000 $364,819 $364,819 41.10. Georgia Drugs and Narcotics Agency Purpose: 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 $1,713,440 Federal Funds and Grants $0 Other Funds $0 State Funds $1,713,440 State General Funds $1,713,440 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,454,200 $1,454,200 Annualize the cost of the FY 2008 salary adjustment. $21,296 $21,296 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($6,586) ($6,586) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($6,567) ($6,567) 4706 JOURNAL OF THE SENATE Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for an increase in computer charges due to the modernization of information technology resources. Provide for a general salary increase of 2.5% effective January 1, 2009 ($16,416), for performance increases ($6,567), for special adjustments to selected job classes ($38,044), and for structure adjustments to the statewide salary plan ($167). Funding for salary increases to improve the retention rate and to provide competitive pay for each pharmacist. (CC:Increase funding.) Funding for technology that automates the point of sale log for pseudo ephedrine purchases. Amount appropriated in this Act ($8,097) $23,000 $61,194 ($8,097) $23,000 $61,194 $175,000 $0 $1,713,440 $175,000 $0 $1,713,440 41.11. Georgia Real Estate Commission Purpose: Administer the license law for real estate brokers and salespersons and provide administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal. Total Funds $3,671,540 Federal Funds and Grants $0 Other Funds $0 State Funds $3,671,540 State General Funds $3,671,540 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,535,210 $3,535,210 Annualize the cost of the FY 2008 salary adjustment. $38,785 $38,785 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($11,431) ($11,431) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($11,695) ($11,695) Reflect an adjustment in the Workers' Compensation premium rate structure. ($15,084) ($15,084) FRIDAY, APRIL 4, 2008 4707 Reduce regular operating expenses ($23,000), contractual services ($33,000) and computer charges ($14,000). Redistribute personal services among subprograms to meet anticipated expenditures. Delete one-time funding used to replace a motor vehicle. Provide funding for one additional investigator position to address the backlog of pending consumer compliant investigations. Reduce regular operating expenses ($23,000), contractual services ($33,000) and computer charges ($14,000). Redistribute personal services among subprograms to meet anticipated expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($29,238), for performance increases ($11,695), and for structure adjustments to the statewide salary plan ($94). Provide start-up funding for Home Inspectors per HB 1217. Amount appropriated in this Act ($56,000) $197,667 ($17,272) $52,000 ($14,000) ($197,667) $41,027 ($56,000) $197,667 ($17,272) $52,000 ($14,000) ($197,667) $41,027 $130,000 $3,671,540 $130,000 $3,671,540 41.12. State Ethics Commission Purpose: 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 $1,782,791 Federal Funds and Grants $0 Other Funds $0 State Funds $1,782,791 State General Funds $1,782,791 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,868,943 $1,868,943 Annualize the cost of the FY 2008 salary adjustment. $23,262 $23,262 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% ($6,940) ($6,940) 4708 JOURNAL OF THE SENATE to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Delete one-time funding used for relocation expenses. Provide for a general salary increase of 2.5% effective January 1, 2009 ($17,719) and for performance increases ($7,088). Amount appropriated in this Act $0 ($7,088) ($4,981) ($115,212) $24,807 $1,782,791 $0 ($7,088) ($4,981) ($115,212) $24,807 $1,782,791 Section 42: Soil and Water Conservation Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $13,629,032 $3,454,308 $3,454,308 $5,775,264 $5,675,264 $100,000 $3,572,839 $3,572,839 $826,621 $826,621 42.1. Administration Purpose: Protect, conserve, and improve the soil and water resources of the State of Georgia. Total Funds $744,561 Federal Funds and Grants $0 Other Funds $0 State Funds $744,561 State General Funds $744,561 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $640,246 $640,246 Annualize the cost of the FY 2008 salary adjustment. $4,574 $4,574 Reflect an adjustment in the employer share of the ($1,401) ($1,401) FRIDAY, APRIL 4, 2008 4709 State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Realign personal services funding to reflect projected expenditures (Total Funds: $107,559). Redirect contract funds from the Water Resources and Land Use Planning program to implement the State Personnel Administration salary study agencywide. Remove funds used to replace five high-mileage vehicles in FY 2008. Provide for a general salary increase of 2.5% effective January 1, 2009 ($3,499), for performance increases ($1,400), and for special adjustments to selected job classes ($7,269). Amount appropriated in this Act $0 ($1,400) ($1,916) $107,559 $0 $0 ($1,400) ($1,916) $107,559 $0 ($15,269) $12,168 ($15,269) $12,168 $744,561 $744,561 42.2. Conservation of Agricultural Water Supplies Purpose: Conserve the use of Georgia's ground and surface water by agricultural water users. Total Funds $8,829,978 Federal Funds and Grants $3,131,804 Federal Funds Not Specifically Identified $3,131,804 Other Funds $5,375,874 Agency Funds $5,375,874 State Funds $322,300 State General Funds $322,300 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $314,303 $8,821,981 Annualize the cost of the FY 2008 salary adjustment. $8,904 $8,904 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($782) ($782) Reduce general salary increase from 2.5% to 2%. $0 $0 4710 JOURNAL OF THE SENATE Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Redirect contract funds from the Water Resources and Land Use Planning program to implement the State Personnel Administration salary study agencywide. Increase per diem rate for conservation district supervisors from $30 to $40. Remove funds used to replace five high-mileage vehicles in FY 2008. Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,954), for performance increases ($782), and for special adjustments to selected job classes ($4,060). Amount appropriated in this Act ($782) ($1,070) $0 ($782) ($1,070) $0 $3,500 ($8,569) $6,796 $3,500 ($8,569) $6,796 $322,300 $8,829,978 42.3. Conservation of Soil and Water Resources Purpose: Conserve Georgia's rich natural resources through voluntary implementation of conservation best management practices on agricultural lands. Total Funds $3,205,124 Federal Funds and Grants $322,504 Federal Funds Not Specifically Identified $322,504 Other Funds $399,390 Agency Funds $299,390 Other Funds Not Specifically Identified $100,000 State Funds $1,656,609 State General Funds $1,656,609 Intra-State Government Transfers $826,621 Other Intra-State Government Payments $826,621 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,579,073 $3,127,588 Annualize the cost of the FY 2008 salary adjustment. $16,543 $16,543 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($5,691) ($5,691) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($5,686) ($5,686) FRIDAY, APRIL 4, 2008 4711 Reflect an adjustment in the Workers' Compensation premium rate structure. Realign personal services funding to reflect projected expenditures (Total Funds: $107,559). Redirect contract funds from the Water Resources and Land Use Planning program to implement the State Personnel Administration salary study agencywide. Increase per diem rate for conservation district supervisors from $30 to $40. Remove funds used to replace five high-mileage vehicles in FY 2008. Provide full state funding for the Erosion & Sedimentation Control program as mandated in O.C.G.A. 12-7-9(a). Provide for a general salary increase of 2.5% effective January 1, 2009 ($14,215), for performance increases ($5,687), and for special adjustments to selected job classes ($29,533). Amount appropriated in this Act ($7,784) ($43,305) $0 ($7,784) ($43,305) $0 $29,500 ($55,476) $100,000 $49,435 $29,500 ($55,476) $100,000 $49,435 $1,656,609 $3,205,124 42.4. USDA Flood Control Watershed Structures Purpose: Provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. Total Funds $98,810 Federal Funds and Grants $0 Other Funds $0 State Funds $98,810 State General Funds $98,810 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $106,696 $106,696 Annualize the cost of the FY 2008 salary adjustment. $368 $368 Realign personal services funding to reflect projected expenditures (Total Funds: $107,559). ($7,568) ($7,568) Remove funds used to replace five high-mileage vehicles in FY 2008. ($686) ($686) Amount appropriated in this Act $98,810 $98,810 4712 JOURNAL OF THE SENATE 42.5. Water Resources and Land Use Planning Purpose: Improve understanding of water use and develop plans that improve water management and efficiency. Total Funds $750,559 Federal Funds and Grants $0 Other Funds $0 State Funds $750,559 State General Funds $750,559 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $877,545 $877,545 Annualize the cost of the FY 2008 salary adjustment. $57 $57 Realign personal services funding to reflect projected expenditures (Total Funds: $107,559). ($56,686) ($56,686) Redirect contract funds from the Water Resources and Land Use Planning program to implement the State Personnel Administration salary study agencywide. $0 $0 Reduce contract funds by 2%. ($70,357) ($70,357) Amount appropriated in this Act $750,559 $750,559 Section 43: Student Finance Commission, Georgia Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Prior Year Funds from Other Sources Other Funds Not Specifically Identified State Funds Lottery Funds State General Funds Intra-State Government Transfers $589,784,634 $520,653 $520,653 $12,472,493 $6,900,000 $5,572,493 $576,791,488 $545,237,595 $31,553,893 $0 43.1. Accel Purpose: Allow students to pursue postsecondary study at approved public and private postsecondary institutions, while receiving dual high school and college credit for courses FRIDAY, APRIL 4, 2008 4713 successfully completed. Total Funds Federal Funds and Grants Other Funds State Funds Lottery Funds Intra-State Government Transfers $4,200,000 $0 $0 $4,200,000 $4,200,000 $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $6,000,000 $6,000,000 Reduce funding to the Accel program to reflect projected need. ($1,800,000) ($1,800,000) Amount appropriated in this Act $4,200,000 $4,200,000 43.2. Engineer Scholarship Purpose: 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 $710,000 Federal Funds and Grants $0 Other Funds $0 State Funds $710,000 Lottery Funds $710,000 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $760,000 $760,000 Reduce funds to reflect actual expenditures. (CC:YES) ($50,000) ($50,000) Amount appropriated in this Act $710,000 $710,000 43.3. Georgia Military College Scholarship Purpose: Provide outstanding students with a full scholarship to attend Georgia Military College, thereby strengthening Georgia's National Guard with their membership. Total Funds $1,228,708 State Funds $1,228,708 Lottery Funds $1,228,708 4714 JOURNAL OF THE SENATE 43.4. Governor's Scholarship Program Purpose: Recognize graduating Georgia high school seniors who are valedictorians or STAR students of their class by providing a scholarship to attend an eligible postsecondary institution in Georgia. Total Funds $2,029,200 Federal Funds and Grants $0 Other Funds $400,000 Prior Year Funds from Other Sources $400,000 State Funds $1,629,200 State General Funds $1,629,200 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,329,200 $2,329,200 Replace state funds for the Governor's Scholarship ($400,000) $0 Program with other funds (deferred revenue). Reduce base funding for the Governor's Scholarship Program to reflect actual expenditures. ($300,000) ($300,000) Amount appropriated in this Act $1,629,200 $2,029,200 43.5. Guaranteed Educational Loans Purpose: Provide service cancelable loans to students enrolled in critical fields of study, which include nursing, physical therapy and pharmacy. Total Funds $3,599,883 Federal Funds and Grants $0 Other Funds $0 State Funds $3,599,883 State General Funds $3,599,883 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,799,883 $4,049,883 Eliminate $250,000 in other funds for nursing faculty service cancelable loans. $0 ($250,000) Reduce funds to reflect actual expenditures. (CC:YES) ($200,000) ($200,000) Amount appropriated in this Act $3,599,883 $3,599,883 FRIDAY, APRIL 4, 2008 4715 43.6. HERO Scholarship Purpose: 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 $918,000 Federal Funds and Grants $0 Other Funds $718,000 Other Funds Not Specifically Identified $718,000 State Funds $200,000 State General Funds $200,000 Intra-State Government Transfers $0 43.7. HOPE Administration Total Funds $5,988,608 Federal Funds and Grants $0 Other Funds $500,000 Other Funds Not Specifically Identified $500,000 State Funds $5,488,608 Lottery Funds $5,488,608 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $5,387,232 $5,887,232 Annualize the cost of the FY 2008 salary adjustment. $50,948 $50,948 Reflect an adjustment in the Workers' Compensation premium rate structure. $6,974 $6,974 Provide for a general salary increase of 2.5% effective January 1, 2009 ($43,094) and for performance increases ($17,238). $60,332 $60,332 Reduce general salary increase from 2.5% to 2%. $0 $0 Reduce funds. ($16,878) ($16,878) Replace State General Funds with lottery proceeds and other agency funds. (CC:Replace $158,912 in state funds with $158,912 in lottery funds) $0 $0 Amount appropriated in this Act $5,488,608 $5,988,608 43.8. HOPE GED Purpose: Award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult 4716 JOURNAL OF THE SENATE Education. Total Funds State Funds Lottery Funds $2,461,614 $2,461,614 $2,461,614 43.9. HOPE Grant Purpose: Provide grants to students seeking a diploma or certificate at a public postsecondary institution. Total Funds $113,251,243 Federal Funds and Grants $0 Other Funds $0 State Funds $113,251,243 Lottery Funds $113,251,243 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $104,972,024 $104,972,024 Increase HOPE Grant to meet projected need. (CC:Reduce amount of increase.) $8,279,219 $8,279,219 Amount appropriated in this Act $113,251,243 $113,251,243 43.10. HOPE Scholarships - Private Schools Purpose: Provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private postsecondary institution. Total Funds $52,177,437 Federal Funds and Grants $0 Other Funds $0 State Funds $52,177,437 Lottery Funds $52,177,437 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $45,651,732 $45,651,732 Increase funds to raise the award amount from $3,000 to $3,500. $6,525,705 $6,525,705 Amount appropriated in this Act $52,177,437 $52,177,437 FRIDAY, APRIL 4, 2008 4717 43.11. HOPE Scholarships - Public Schools Purpose: Provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public postsecondary institution. Total Funds $354,276,159 Federal Funds and Grants $0 Other Funds $0 State Funds $354,276,159 Lottery Funds $354,276,159 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $338,950,936 $338,950,936 Increase HOPE Scholarships-Public Schools to meet projected need. (CC:Reduce amount of increase.) $15,325,223 $15,325,223 Amount appropriated in this Act $354,276,159 $354,276,159 43.12. Law Enforcement Dependents Grant Purpose: Provide educational grant assistance to the children of Georgia law enforcement officers, firefighters, and prison correctional officers 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 43.13. Leveraging Educational Assistance Partnership Program (LEAP) Purpose: Provide educational grant assistance to residents of Georgia who demonstrate substantial financial need to attend eligible postsecondary institutions in Georgia. Total Funds $1,487,410 Federal Funds and Grants $520,653 Federal Funds Not Specifically Identified $520,653 Other Funds $200,000 Other Funds Not Specifically Identified $200,000 State Funds $766,757 State General Funds $766,757 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $966,757 $1,487,410 4718 JOURNAL OF THE SENATE Replace state funds for the LEAP Program with other funds (deferred revenue). Amount appropriated in this Act ($200,000) $766,757 $0 $1,487,410 43.14. North Ga. Military Scholarship Grants Purpose: 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 $683,951 State Funds $683,951 State General Funds $683,951 43.15. North Georgia ROTC Grants Purpose: 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 $507,479 Federal Funds and Grants $0 Other Funds $0 State Funds $507,479 State General Funds $507,479 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $432,479 $432,479 Increase funds to raise the maximum award from $750 per semester to $1,500 per semester for students who accept a military commission per SB512. $75,000 $75,000 Amount appropriated in this Act $507,479 $507,479 43.16. Promise Scholarship Purpose: 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 FRIDAY, APRIL 4, 2008 4719 43.17. Public Memorial Safety Grant Purpose: Provide educational grant assistance to the children of Georgia law enforcement officers, fire fighters, Emergency Medical Technicians (EMTs), and correctional officers who were permanently disabled or killed in the line of duty, to attend a public postsecondary institution in Georgia. Total Funds $255,850 State Funds $255,850 Lottery Funds $255,850 43.18. Teacher Scholarship Purpose: Provide forgivable loans to teachers seeking advanced education degrees in critical shortage fields of study. Total Funds $5,332,698 Federal Funds and Grants $0 Other Funds $0 State Funds $5,332,698 Lottery Funds $5,332,698 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $5,332,698 $5,332,698 Amount appropriated in this Act $5,332,698 $5,332,698 43.19. Tuition Equalization Grants Purpose: Promote the private segment of higher education in Georgia by providing nonrepayable grant aid to Georgia residents who attend eligible private postsecondary institutions. Total Funds $33,966,295 Federal Funds and Grants $0 Other Funds $10,654,493 Prior Year Funds from Other Sources $6,500,000 Other Funds Not Specifically Identified $4,154,493 State Funds $23,311,802 State General Funds $23,311,802 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 4720 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB 95) Reduce funds for Tuition Equalization Grants to reflect fewer students. Increase Tuition Equalization Grant award amount from $1,100 to $1,200. Replace state funds for Tuition Equalization Grants with other funds (deferred revenue). Amount appropriated in this Act State Funds $30,811,802 ($3,500,000) $0 ($4,000,000) $23,311,802 Total Funds $34,966,295 ($3,500,000) $2,500,000 $0 $33,966,295 The following appropriations are for agencies attached for administrative purposes. 43.20. Nonpublic Postsecondary Education Commission Purpose: Authorize private postsecondary schools in Georgia; provide transcripts for students who attended schools that closed; resolve complaints. Total Funds $803,910 Federal Funds and Grants $0 Other Funds $0 State Funds $803,910 State General Funds $803,910 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $789,587 $789,587 Annualize the cost of the FY 2008 salary adjustment. $10,099 $10,099 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($3,344) ($3,344) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,415) ($3,415) Reflect an adjustment in the Workers' Compensation premium rate structure. ($970) ($970) Provide for a general salary increase of 2.5% effective January 1, 2009 ($8,538) and for performance increases ($3,415). $11,953 $11,953 Amount appropriated in this Act $803,910 $803,910 FRIDAY, APRIL 4, 2008 4721 Section 44: Teachers' Retirement System Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Retirement Payments Other Intra-State Government Payments $27,708,825 $0 $448,481 $448,481 $1,523,000 $1,523,000 $25,737,344 $25,458,481 $278,863 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 2009. 44.1. Local/Floor COLA Purpose: 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 $1,523,000 Federal Funds and Grants $0 Other Funds $0 State Funds $1,523,000 State General Funds $1,523,000 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,555,000 $1,555,000 Reduce funds for the Floor Fund ($3,000) and COLA Fund ($150,000) due to the declining population of retired teachers who qualify for this benefit. ($153,000) ($153,000) Transfer funds from the Board of Regents per HB815 (2008 Session). $121,000 $121,000 Amount appropriated in this Act $1,523,000 $1,523,000 44.2. System Administration Purpose: To provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. Total Funds $26,185,825 4722 JOURNAL OF THE SENATE Federal Funds and Grants $0 Other Funds $448,481 Other Funds Not Specifically Identified $448,481 State Funds $0 Intra-State Government Transfers $25,737,344 Retirement Payments $25,458,481 Other Intra-State Government Payments $278,863 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 95) $0 $26,351,456 Reduce general salary increase from 2.5% to 2%. $0 $0 Increase funding to purchase computer equipment (Other Funds: $80,000). $0 $80,000 Reduce funding based on actual expenses (Other Funds: $743,800). $0 ($743,800) Annualize the cost of the FY 2008 salary adjustment (Other Funds: $302,522). $0 $302,522 Reflect an adjustment in the Workers' Compensation premium rate structure (Other Funds: $26,364). $0 $26,364 Provide for a general salary increase of 2.5% effective January 1, 2009 (Other Funds: $273,950) and for performance increases (Other Funds: $109,580). $0 $383,530 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182% (Other Funds: $206,709). $0 ($104,667) Delete funding for performance increase. $0 ($109,580) Amount appropriated in this Act $0 $26,185,825 Section 45: Technical and Adult Education, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $621,365,007 $56,600,000 $56,600,000 $193,515,000 $193,475,000 $40,000 $371,250,007 $371,250,007 $0 FRIDAY, APRIL 4, 2008 4723 45.1. Administration Purpose: 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 $15,453,558 Federal Funds and Grants $4,200,000 Federal Funds Not Specifically Identified $4,200,000 Other Funds $1,040,000 Agency Funds $1,000,000 Other Funds Not Specifically Identified $40,000 State Funds $10,213,558 State General Funds $10,213,558 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $10,050,002 $13,850,002 Annualize the cost of the FY 2008 salary adjustment. $118,843 $118,843 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($41,101) ($41,101) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($43,136) ($43,136) Reflect an adjustment in the Workers' Compensation premium rate structure. ($12,026) ($12,026) Eliminate one-time funding to the Harriett Darnell Multi-Purpose Center. ($10,000) ($10,000) Increase federal funds ($1,200,000) and other funds ($240,000) to reflect projected expenditures for FY 2009. $0 $1,440,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($107,840) and for performance increases ($43,136). $150,976 $150,976 Amount appropriated in this Act $10,213,558 $15,453,558 45.2. Adult Literacy Purpose: 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 $34,097,100 4724 JOURNAL OF THE SENATE Federal Funds and Grants $15,200,000 Federal Funds Not Specifically Identified $15,200,000 Other Funds $2,600,000 Agency Funds $2,600,000 State Funds $16,297,100 State General Funds $16,297,100 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $16,016,600 $32,016,600 Annualize the cost of the FY 2008 salary adjustment. $169,964 $169,964 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($58,780) ($58,780) Reduce general salary increase from 2.5% to 2%. $0 $0 Reflect an adjustment in the Workers' Compensation premium rate structure. ($17,199) ($17,199) Increase federal funds ($1,200,000) and other funds ($600,000) to reflect projected expenditures for FY 2009. $0 $1,800,000 Provide for a general salary increase of 2.5% effective January 1, 2009. $186,515 $186,515 Amount appropriated in this Act $16,297,100 $34,097,100 45.3. Economic Development (Quick Start) Purpose: Provide a number of programs and services designed to assist businesses and industries with their training needs. Total Funds $26,819,604 Federal Funds and Grants $200,000 Federal Funds Not Specifically Identified $200,000 Other Funds $9,875,000 Agency Funds $9,875,000 State Funds $16,744,604 State General Funds $16,744,604 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, APRIL 4, 2008 4725 State Funds Total Funds Amount from prior Appropriation Act (HB 95) $16,368,043 $21,368,043 Annualize the cost of the FY 2008 salary adjustment. $105,580 $105,580 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($36,514) ($36,514) Reduce general salary increase from 2.5% to 2%. $0 $0 Reflect an adjustment in the Workers' Compensation premium rate structure. ($10,683) ($10,683) Provide for a general salary increase of 2.5% effective January 1, 2009. $93,178 $93,178 Increase federal funds ($200,000) and other funds ($4,875,000) to reflect projected expenditures for FY 2009. $0 $5,075,000 Increase funds for a post-graduate engineering pilot program at Chattahoochee Technical College. $200,000 $200,000 Increase funds for Base Closure and Realignment (BRAC) job retraining program for Atlanta Technical College. $25,000 $25,000 Amount appropriated in this Act $16,744,604 $26,819,604 Provided, however, from the appropriation of State General Funds designated above for program 45.3. Economic Development (Quick Start), the amount of $200,000 is specifically appropriated for this purpose: "Increase funds for a post-graduate engineering pilot program at Chattahoochee Technical College". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 45.3. Economic Development (Quick Start) above may be used for this specific purpose as well. Provided, however, from the appropriation of State General Funds designated above for program 45.3. Economic Development (Quick Start), the amount of $25,000 is specifically appropriated for this purpose: "Increase funds for Base Closure and Realignment (BRAC) job retraining program for Atlanta Technical College". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 45.3. Economic Development (Quick Start) above may be used for this specific purpose as well. 45.4. Technical Education Purpose: 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 $544,994,745 Federal Funds and Grants $37,000,000 Federal Funds Not Specifically Identified $37,000,000 Other Funds $180,000,000 4726 JOURNAL OF THE SENATE Agency Funds $180,000,000 State Funds $327,994,745 State General Funds $327,994,745 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $330,882,922 $455,882,922 Annualize the cost of the FY 2008 salary adjustment. $4,100,327 $4,100,327 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,418,062) ($1,418,062) Reduce general salary increase from 2.5% to 2%. $0 $0 Reflect an adjustment in the Workers' Compensation premium rate structure. ($414,912) ($414,912) Increase federal funds ($17,000,000) and other funds ($75,000,000) to reflect projected expenditures for FY 2009. $0 $92,000,000 Increase formula funding in operating expenses to reflect an increase in square footage. $2,715,343 $2,715,343 Provide for a general salary increase of 2.5% effective January 1, 2009. $3,601,300 $3,601,300 Eliminate cash funding for major repairs and renovations and provide bond funding. ($12,222,173) ($12,222,173) Increase funds for operating and administrative expenses for new or existing High School Career Academies with priority given to regional academies. $500,000 $500,000 Increase funds for a one-time grant to create a new campus in Catoosa County at Bentley Place. $250,000 $250,000 Amount appropriated in this Act $327,994,745 $544,994,745 Provided, however, from the appropriation of State General Funds designated above for program 45.4. Technical Education, the amount of $250,000 is specifically appropriated for this purpose: "Increase funds for a one-time grant to create a new campus in Catoosa County at Bentley Place". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 45.4. Technical Education above may be used for this specific purpose as well. Section 46: Transportation, Department of Total Funds $2,137,851,337 FRIDAY, APRIL 4, 2008 4727 Federal Funds and Grants Federal Highway Administration Highway Planning & Construction Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State Motor Fuel State General Funds Intra-State Government Transfers Other Intra-State Government Payments $1,269,017,438 $1,242,517,438 $26,500,000 $5,999,308 $5,999,308 $861,416,563 $826,557,516 $34,859,047 $1,418,028 $1,418,028 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. 46.1. Administration Purpose: 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 4728 JOURNAL OF THE SENATE state departments. Total Funds $80,216,933 Federal Funds and Grants $10,839,823 Federal Highway Administration Highway Planning & Construction $10,839,823 Other Funds $898,970 Agency Funds $898,970 State Funds $68,478,140 State Motor Fuel $67,839,303 State General Funds $638,837 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $63,873,730 $75,612,523 Annualize the cost of the FY 2008 salary adjustment. $778,864 $778,864 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($239,479) ($239,479) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Reflect an adjustment in the Workers' Compensation premium rate structure. $81,461 $81,461 Reallocate operating funds among programs to reflect projected expenditures. $2,463,961 $2,463,961 Provide for a general salary increase of 2.5% effective January 1, 2009 ($605,950), and for performance increases ($242,380). $848,330 $848,330 Fund implementation of the freight logistics transport strategy to improve freight mobility and leverage state infrastructure investments. (CC:YES) $388,837 $388,837 Adjust telecommunications to reflect GTA billings. $32,436 $32,436 Provide matching funds to retrofit diesel buses with pollution control devices. $250,000 $250,000 Amount appropriated in this Act $68,478,140 $80,216,933 46.2. Air Transportation Purpose: Provide air transportation to state officials and companies considering a move to Georgia and conduct aerial photography flights. FRIDAY, APRIL 4, 2008 4729 Total Funds $3,243,105 Federal Funds and Grants $0 Other Funds $275,000 Agency Funds $275,000 State Funds $2,310,310 State General Funds $2,310,310 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 95) $1,506,758 $2,439,553 Annualize the cost of the FY 2008 salary adjustment. $26,237 $26,237 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($6,890) ($6,890) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,001) ($7,001) Reflect an adjustment in the Workers' Compensation premium rate structure. $2,159 $2,159 Provide for a general salary increase of 2.5% effective January 1, 2009 ($17,501), for performance increases ($7,001), and for structure adjustments to the statewide salary plan ($34,545). $59,047 $59,047 Provide one-time funds for federally-required inspections of 2 King Airs to ensure aircraft safety and to prevent the planes from being grounded. $730,000 $730,000 Amount appropriated in this Act $2,310,310 $3,243,105 46.3. Airport Aid Purpose: Support statewide economic development by providing the infrastructure for a safe, efficient, and adequate transportation system and award grants from the Airport Fund. Total Funds $28,155,457 Federal Funds and Grants $6,500,000 Federal Funds Not Specifically Identified $6,500,000 Other Funds $0 State Funds $21,655,457 State General Funds $21,655,457 Intra-State Government Transfers $0 4730 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 95) $11,646,149 $18,146,149 Annualize the cost of the FY 2008 salary adjustment. $6,316 $6,316 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,522) ($1,522) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,547) ($1,547) Reflect an adjustment in the Workers' Compensation premium rate structure. $648 $648 Delete one-time increase for airport aid grant funding. ($5,000,000) ($5,000,000) Provide for a general salary increase of 2.5% effective January 1, 2009 ($3,866), and for performance increases ($3,006). $5,413 $5,413 Provide funding to the following: Paulding County Regional Airport for a flight building in memory of Hal Echols, Wesley Rakestraw and Steve Simpson ($4,000,000); Cherokee County Airport Authority for improvements ($700,000); Glynn County Airport Commission for improvements to McKinnon Airport ($500,000); and for general airport aid throughout the state ($9,800,000). (CC:Provide funding to the following: Paulding County Regional Airport for a flight building in memory of Hal Echols, Wesley Rakestraw and Steve Simpson ($4,000,000); Cherokee County Airport Authority for improvements ($700,000); and the Glynn County Airport Commission for improvements to McKinnon Airport ($500,000)) $5,200,000 $5,200,000 Increase funds for general airport aid throughout the state. $9,800,000 $9,800,000 Amount appropriated in this Act $21,655,457 $28,155,457 Provided, however, from the appropriation of State General Funds designated above for program 46.3. Airport Aid, the amount of $5,200,000 is specifically appropriated for this purpose: "Provide funding to the following: Paulding County Regional Airport for a flight building in memory of Hal Echols, Wesley Rakestraw and Steve Simpson ($4,000,000); Cherokee County Airport Authority for improvements ($700,000); Glynn County Airport Commission and for improvements to McKinnon Airport ($500,000)". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in FRIDAY, APRIL 4, 2008 4731 Program 46.3. Airport Aid above may be used for this specific purpose as well. (CC:Provide funding to the following: Paulding County Regional Airport for a flight building in memory of Hal Echols, Wesley Rakestraw and Steve Simpson ($4,000,000); Cherokee County Airport Authority for improvements ($700,000); and the Glynn County Airport Commission for improvements to McKinnon Airport ($500,000)) 46.4. Data Collection, Compliance and Reporting Purpose: Provide quality transportation data products in the appropriate format within an acceptable timeframe that meets the needs of the state's business partners. Total Funds $12,998,346 Federal Funds and Grants $8,270,257 Federal Highway Administration Highway Planning & Construction $8,270,257 Other Funds $62,257 Agency Funds $62,257 State Funds $4,665,832 State Motor Fuel $3,764,777 State General Funds $901,055 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $4,498,398 $12,830,912 Annualize the cost of the FY 2008 salary adjustment. $86,228 $86,228 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($28,444) ($28,444) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,946) ($3,946) Reflect an adjustment in the Workers' Compensation premium rate structure. $10,756 $10,756 Reallocate operating funds among programs to reflect projected expenditures. $20,000 $20,000 Reduce funds for telecommunications to reflect actual expenditures. ($17,971) ($17,971) Provide for a general salary increase of 2.5% effective January 1, 2009 ($74,008), and for performance increases ($28,803). $100,811 $100,811 Amount appropriated in this Act $4,665,832 $12,998,346 4732 JOURNAL OF THE SENATE 46.5. Local Road Assistance Purpose: Provide contracts with local governments to assist in the construction and reconstruction of their road, bridge, and street systems. Total Funds $226,954,509 Federal Funds and Grants $69,658,670 Federal Highway Administration Highway Planning & Construction $69,658,670 Other Funds $0 State Funds $156,700,606 State Motor Fuel $156,700,606 Intra-State Government Transfers $595,233 Other Intra-State Government Payments $595,233 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $136,095,478 $206,349,381 Annualize the cost of the FY 2008 salary adjustment. $505,689 $505,689 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($130,927) ($130,927) Reduce general salary increase from 2.5% to 2%. $0 $0 Reflect an adjustment in the Workers' Compensation premium rate structure. $49,379 $49,379 Reallocate operating funds among programs to reflect projected expenditures. ($68,000) ($68,000) Increase funds for State Fund Construction - Most Needed from $20,787,879 to $35,602,101 in the Local Road Assistance and State Highway System Construction and Improvement programs. $8,888,533 $8,888,533 Provide for a general salary increase of 2.5% effective January 1, 2009 ($331,283), and for performance increases ($132,513). $463,796 $463,796 Increase funds for State Fund Construction - Off System from $27,000,000 to $35,602,101. $8,602,101 $8,602,101 Provide funding for operations. $2,294,557 $2,294,557 Amount appropriated in this Act $156,700,606 $226,954,509 46.6. Payments to State Road and Tollway Authority Purpose: Provide funds through the State Road and Tollway Authority for bond trustees for debt service payments on non-general obligation bonds and other finance instruments, and FRIDAY, APRIL 4, 2008 4733 provide funds for the State Transportation Infrastructure Bank to make loans and provide financial assistance for transportation projects. Total Funds $94,249,786 Federal Funds and Grants $0 Other Funds $0 State Funds $94,249,786 State Motor Fuel $94,249,786 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $47,798,980 $47,798,980 Transfer capital outlay funds from the State Highway System Construction and Improvement program to the Payments to State Road and Tollway Authority program for required debt service on issued GARVEE bonds for the Governor's Fast Forward program. $3,161,702 $3,161,702 Provide funds to reflect required debt service on issued guaranteed revenue bonds (GRBs). $541,431 $541,431 Provide additional funds to reflect an increase in required debt service on issued GARVEE bonds for the Governor's Fast Forward program. $9,647,673 $9,647,673 Provide funds for the State Transportation Infrastructure Bank to make loans and provide financial assistance for transportation projects. $28,100,000 $28,100,000 Redirect savings from the general salary increase and State Health Benefit Plan premiums. $0 $0 Provide funding for the Community Improvement District (CID) Congestion Relief Fund per SB410 (2008 Session). $5,000,000 $5,000,000 Amount appropriated in this Act $94,249,786 $94,249,786 46.7. Ports and Waterways Purpose: Maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports to promote international trade. Total Funds $1,528,887 Federal Funds and Grants $0 Other Funds $0 State Funds $1,528,887 State General Funds $1,528,887 4734 JOURNAL OF THE SENATE Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,523,402 $1,523,402 Annualize the cost of the FY 2008 salary adjustment. $3,928 $3,928 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($870) ($870) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($884) ($884) Reflect an adjustment in the Workers' Compensation premium rate structure. $216 $216 Provide for a general salary increase of 2.5% effective January 1, 2009 ($2,211), and for performance increases ($884). $3,095 $3,095 Amount appropriated in this Act $1,528,887 $1,528,887 46.8. Rail Purpose: Oversee the construction, financing, operation, and development of rail passenger, freight service, and other public transportation projects. Total Funds $391,886 Federal Funds and Grants $0 Other Funds $88,239 Agency Funds $88,239 State Funds $303,647 State General Funds $303,647 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $297,483 $385,722 Annualize the cost of the FY 2008 salary adjustment. $3,271 $3,271 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,599) ($1,599) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,624) ($1,624) FRIDAY, APRIL 4, 2008 4735 Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($4,060), and for performance increases ($1,624). Amount appropriated in this Act $432 $5,684 $303,647 $432 $5,684 $391,886 46.9. State Highway System Construction and Improvement Purpose: Ensure a safe and efficient transportation system and provide the necessary resources to accelerate the surplus property disposal process. Total Funds $1,250,057,775 Federal Funds and Grants $964,973,294 Federal Highway Administration Highway Planning & Construction $964,973,294 Other Funds $0 State Funds $284,919,481 State Motor Fuel $284,919,481 Intra-State Government Transfers $165,000 Other Intra-State Government Payments $165,000 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 95) $284,967,946 $1,318,021,611 Annualize the cost of the FY 2008 salary adjustment. $1,530,770 $1,530,770 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($413,655) ($413,655) Reduce general salary increase from 2.5% to 2%. $0 $0 Reflect an adjustment in the Workers' Compensation premium rate structure. $149,948 $149,948 Reallocate operating funds among programs to reflect projected expenditures. ($2,569,461) ($2,569,461) Increase funds for State Fund Construction - Most Needed from $20,787,879 to $35,602,101 in the Local Road Assistance and State Highway System Construction and Improvement programs. $5,925,689 $5,925,689 Transfer capital outlay funds from the State Highway System Construction and Improvement program to the Payments to State Road and Tollway ($3,161,702) ($15,808,510) 4736 JOURNAL OF THE SENATE Authority program for required debt service on issued GARVEE bonds for the Governor's Fast Forward program. Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,046,665), and for performance increases ($418,666). Reduce Federal Highway Administration funds and the required state match to reflect a lower federal estimate (Total Funds: $58,243,948). Amount appropriated in this Act $1,465,331 $1,465,331 ($2,975,385) ($58,243,948) $284,919,481 $1,250,057,775 46.10. State Highway System Maintenance Purpose: Coordinate all statewide maintenance activities. Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning & Construction Other Funds Agency Funds State Funds State Motor Fuel Intra-State Government Transfers $346,339,372 $153,104,852 $153,104,852 $642,602 $642,602 $192,591,918 $192,591,918 $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $188,393,676 $342,141,130 Annualize the cost of the FY 2008 salary adjustment. $2,326,113 $2,326,113 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($542,534) ($542,534) Reduce general salary increase from 2.5% to 2%. $0 $0 Reflect an adjustment in the Workers' Compensation premium rate structure. $263,792 $263,792 Reallocate operating funds among programs to reflect projected expenditures. $229,000 $229,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,372,765), and for performance increases ($549,106). $1,921,871 $1,921,871 Amount appropriated in this Act $192,591,918 $346,339,372 FRIDAY, APRIL 4, 2008 4737 46.11. State Highway System Operations Purpose: Ensure a safe and efficient transportation system statewide through traffic engineering and traffic management. Total Funds $66,188,427 Federal Funds and Grants $35,670,542 Federal Highway Administration Highway Planning & Construction $35,670,542 Other Funds $4,026,240 Agency Funds $4,026,240 State Funds $26,491,645 State Motor Fuel $26,491,645 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $25,685,255 $65,382,037 Annualize the cost of the FY 2008 salary adjustment. $482,404 $482,404 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($135,372) ($135,372) Reduce general salary increase from 2.5% to 2%. $0 $0 Reflect an adjustment in the Workers' Compensation premium rate structure. $55,313 $55,313 Reallocate operating funds among programs to reflect projected expenditures. ($75,500) ($75,500) Provide for a general salary increase of 2.5% effective January 1, 2009 ($342,532), and for performance increases ($137,013). $479,545 $479,545 Amount appropriated in this Act $26,491,645 $66,188,427 46.12. Transit Purpose: 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 $27,526,854 Federal Funds and Grants $20,000,000 Federal Funds Not Specifically Identified $20,000,000 Other Funds $6,000 Agency Funds $6,000 State Funds $7,520,854 4738 JOURNAL OF THE SENATE State General Funds $7,520,854 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $7,499,939 $27,505,939 Annualize the cost of the FY 2008 salary adjustment. $14,524 $14,524 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($3,308) ($3,308) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,361) ($3,361) Reflect an adjustment in the Workers' Compensation premium rate structure. $1,296 $1,296 Provide for a general salary increase of 2.5% effective January 1, 2009 ($8,403), and for performance increases ($3,361). $11,764 $11,764 Amount appropriated in this Act $7,520,854 $27,526,854 Section 47: Veterans Service, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds State Funds State General Funds Intra-State Government Transfers $48,263,203 $22,561,534 $22,561,534 $0 $25,701,669 $25,701,669 $0 47.1. Administration Purpose: The purpose is to coordinate, manage and supervise all aspects of department operations to include financial, public information, personnel, accounting, purchasing, supply, mail, records management, and information technology. Total Funds $850,660 Federal Funds and Grants $0 Other Funds $0 State Funds $850,660 State General Funds $850,660 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous FRIDAY, APRIL 4, 2008 4739 appropriation act: Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Reduce personal services cost by increasing the lapse factor in Administration and Field Operations Programs. Provide one-time funds for temporary labor to assist with processing a backlog of veteran's case files. Provide for a general salary increase of 2.5% effective January 1, 2009 ($4,103), for performance increases ($1,641), and for structure adjustments to the statewide salary plan ($10). Increase funds for two counselors, a records clerk and an administrative assistant. Amount appropriated in this Act State Funds $695,585 $4,236 ($1,589) Total Funds $695,585 $4,236 ($1,589) $0 $0 ($1,641) $15,173 $0 $0 $0 ($1,641) $15,173 $0 $20,000 $5,754 $20,000 $5,754 $113,142 $850,660 $113,142 $850,660 47.2. Georgia Veterans Memorial Cemetery Purpose: Provide for the internment of eligible Georgia veterans who served faithfully and honorably in the military service of our country. Total Funds $7,047,656 Federal Funds and Grants $6,476,954 Federal Funds Not Specifically Identified $6,476,954 Other Funds $0 State Funds $570,702 State General Funds $570,702 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $566,022 $610,076 4740 JOURNAL OF THE SENATE Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5 effective January 1, 2009 ($3,306), for performance increases ($1,322), and for structure adjustments to the statewide salary plan ($8). Increase funds to reflect projected revenue receipts. Amount appropriated in this Act $2,647 ($1,281) $0 ($1,322) $4,636 $2,647 ($1,281) $0 ($1,322) $4,636 $0 $570,702 $6,432,900 $7,047,656 47.3. Georgia War Veterans Nursing Home - Augusta Purpose: Provide skilled nursing care to aged and infirmed Georgia veterans and serve as a teaching facility for the Medical College of Georgia. Total Funds $11,950,582 Federal Funds and Grants $5,821,556 Federal Funds Not Specifically Identified $5,821,556 Other Funds $0 State Funds $6,129,026 State General Funds $6,129,026 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $5,960,242 $9,064,992 Annualize the cost of the FY 2008 salary adjustment. $50,103 $50,103 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($12,357) ($12,357) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($12,763) ($12,763) Reduce operating costs at the Georgia War Veterans Home, Milledgeville and Georgia War Veterans Nursing Home, Augusta. $0 $0 Increase payments to the Medical College of Georgia (MCG) and United Veterans Service to meet inflationary costs of operating State Veterans $0 $0 FRIDAY, APRIL 4, 2008 4741 Home in Milledgeville and Augusta. Provide for a general salary increase of 2.5% effective January 1, 2009 ($31,907), for performance increases ($12,763), and for structure adjustments to the statewide salary plan ($76). Funding to offset inflationary healthcare costs related to pharmaceuticals and skilled nursing care, increasing at a rate of 6-8% annually. Increase funds to reflect projected revenue receipts. Amount appropriated in this Act $44,746 $44,746 $99,055 $99,055 $0 $6,129,026 $2,716,806 $11,950,582 47.4. Georgia War Veterans Nursing Home - Milledgeville Purpose: Provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans. Total Funds $21,161,872 Federal Funds and Grants $9,659,584 Federal Funds Not Specifically Identified $9,659,584 Other Funds $0 State Funds $11,502,288 State General Funds $11,502,288 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $12,009,788 $20,177,423 Reduce operating costs at the Georgia War Veterans Home, Milledgeville and Georgia War Veterans Nursing Home, Augusta. $0 $0 Increase payments to the Medical College of Georgia (MCG) and United Veterans Service to meet inflationary costs of operating State Veterans Home in Milledgeville and Augusta. $0 $0 Delete one time funding for repairs of the electrical system in the Wheeler Building. ($507,500) ($1,450,000) Increase funds to reflect projected revenue receipts. $0 $2,434,449 Amount appropriated in this Act $11,502,288 $21,161,872 47.5. Veterans Benefits Purpose: 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. 4742 JOURNAL OF THE SENATE Total Funds $7,252,433 Federal Funds and Grants $603,440 Federal Funds Not Specifically Identified $603,440 Other Funds $0 State Funds $6,648,993 State General Funds $6,648,993 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $6,054,669 $6,658,109 Annualize the cost of the FY 2008 salary adjustment. $46,064 $46,064 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($15,497) ($15,497) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($16,006) ($16,006) Reduce personal services cost by increasing the lapse factor in Administration and Field Operations Programs. $0 $0 Provide for a general salary increase of 2.5% effective January 1, 2009 ($40,013), for performance increases ($16,006), and for structure adjustments to the statewide salary plan ($94). $56,113 $56,113 Add one veterans' benefits counselor position to each of the Veterans Service Offices in Valdosta, Augusta, and Newnan. $215,550 $215,550 Funding to employ a web-based software platform that would enable veterans to submit forms and claims information to the State of Georgia Department of Veterans Services and the U.S. Department of Veterans Affairs. $300,000 $300,000 Increase funds for expected rental rates of the department's six field offices located in non-state owned office space. $8,100 $8,100 Amount appropriated in this Act $6,648,993 $7,252,433 Section 48: Workers' Compensation, State Board of Total Funds Federal Funds and Grants $17,920,194 $0 FRIDAY, APRIL 4, 2008 4743 Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers $200,000 $200,000 $17,720,194 $17,720,194 $0 48.1. Administration Purpose: 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 $6,529,141 Federal Funds and Grants $0 Other Funds $25,000 Agency Funds $25,000 State Funds $6,504,141 State General Funds $6,504,141 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $6,466,072 $6,466,072 Annualize the cost of the FY 2008 salary adjustment. $22,765 $22,765 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($9,557) ($9,557) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($9,958) ($9,958) Reflect an adjustment in the Workers' Compensation premium rate structure. ($33) ($33) Reduce Payments to the State Treasury. ($345,361) ($345,361) Provide funding for on-going maintenance, software, and hardware support for the Integrated Claims Management System. $331,461 $331,461 Provide additional funds for increased real estate rents for alternative dispute resolution hearings. $13,900 $13,900 Increase other funds ($25,000) to reflect projected expenditures for FY 2009. $0 $25,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($24,894), and performance increases ($9,958). $34,852 $34,852 4744 JOURNAL OF THE SENATE Amount appropriated in this Act $6,504,141 $6,529,141 48.2. Administer the Workers' Comp Laws Purpose: To provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation Law. Total Funds $11,391,053 Federal Funds and Grants $0 Other Funds $175,000 Agency Funds $175,000 State Funds $11,216,053 State General Funds $11,216,053 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $10,801,978 $10,801,978 Annualize the cost of the FY 2008 salary adjustment. $336,989 $336,989 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($48,204) ($48,204) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($50,223) ($50,223) Reflect an adjustment in the Workers' Compensation premium rate structure. ($267) ($267) Increase Other funds ($175,000) to reflect projected expenditures for FY 2009. $0 $175,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($125,557), and performance increases ($50,223). $175,780 $175,780 Amount appropriated in this Act $11,216,053 $11,391,053 Section 49: General Obligation Debt Sinking Fund Total Funds Federal Funds and Grants Other Funds State Funds State Motor Fuel State General Funds Intra-State Government Transfers $1,012,341,593 $0 $0 $1,012,341,593 $215,601,343 $796,740,250 $0 FRIDAY, APRIL 4, 2008 4745 49.1. General Obligation Bonds - Issued Purpose: Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds. Total Funds $903,133,634 Federal Funds and Grants $0 Other Funds $0 State Funds $903,133,634 State Motor Fuel $195,062,643 State General Funds $708,070,991 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $835,141,296 $940,174,440 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds. $93,487,595 $93,487,595 Decrease debt service for existing obligation on issued bonds. ($40,350,929) ($40,350,929) Decrease debt service to reflect savings from bonds purchased by GSFIC. ($1,508,612) ($1,508,612) Decrease debt service to reflect the defeasance of previously issued bonds due to a change in use. ($7,831,878) ($7,831,878) Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds (Motor Fuel Funds). $5,980,100 $5,980,100 Reduce debt service for authorized unissued bonds for the Department of Transportation (Motor Fuel Funds). ($2,432,670) ($2,432,670) Increase debt service for existing obligation on issued bonds for the Department of Transportation (Motor Fuel Funds). $28,482,991 $28,482,991 Reduce debt service for issued bonds to reflect advanced payment included in HB 989. ($7,672,379) ($7,672,379) Eliminate reserves for authorized but not issued debt. $0 ($105,033,144) Repeal the authorization in HB95 (FY08) of $710,000 in 5-year bonds for the Georgia Ports Authority. ($161,880) ($161,880) Amount appropriated in this Act $903,133,634 $903,133,634 4746 JOURNAL OF THE SENATE 49.2. General Obligation Bonds - New Total Funds $109,207,959 Federal Funds and Grants $0 Other Funds $0 State Funds $109,207,959 State Motor Fuel $20,538,700 State General Funds $88,669,259 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $99,467,695 $99,467,695 Total of Debt Service on Bonds Associated with this Program $109,207,959 $109,207,959 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds. ($93,487,595) ($93,487,595) Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds (Motor Fuel Funds). ($5,980,100) ($5,980,100) Amount appropriated in this Act $109,207,959 $109,207,959 Bond Financing Appropriated: [Bond # 1] From State General Funds, $7,194,950 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 $84,250,000 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 State General Funds, $173,362 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 $2,030,000 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 State General Funds, $2,045,505 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 $8,855,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 4] From State General Funds, $683,200 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 $8,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. FRIDAY, APRIL 4, 2008 4747 [Bond # 5] From State General Funds, $854,000 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 $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 6] From State General Funds, $1,155,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 7] From State General Funds, $2,562,000 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 $30,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 8] From State General Funds, $2,562,000 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 $30,000,000 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 State General Funds, $115,500 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 $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 10] From State General Funds, $64,050 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 $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. [Bond # 11] From State General Funds, $693,000 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 $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. 4748 JOURNAL OF THE SENATE [Bond # 12] From State General Funds, $683,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 13] From State General Funds, $170,800 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 Fairplay 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 # 14] From State General Funds, $438,900 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 $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 15] From State General Funds, $600,600 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 $2,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 16] From State General Funds, $485,100 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 $2,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 17] From State General Funds, $1,039,500 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 sixty months. [Bond # 18] From State General Funds, $1,039,500 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 FRIDAY, APRIL 4, 2008 4749 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 sixty months. [Bond # 19] From State General Funds, $5,978,000 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 $70,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 20] From State General Funds, $2,844,247 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 $33,305,000 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 State General Funds, $348,005 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 $4,075,000 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 State General Funds, $162,260 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 $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 23] From State General Funds, $589,260 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 $6,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 24] From State General Funds, $341,600 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 two hundred and forty months. [Bond # 25] From State General Funds, $546,560 is specifically appropriated for the purpose 4750 JOURNAL OF THE SENATE 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 $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 # 26] From State General Funds, $102,480 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 $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 27] From State General Funds, $1,007,720 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 $11,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 28] From State General Funds, $231,000 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 29] From State General Funds, $512,400 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 $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 30] From State General Funds, $136,640 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 $1,600,000 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 State General Funds, $1,127,280 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 FRIDAY, APRIL 4, 2008 4751 facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $13,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 32] From State General Funds, $554,400 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 $2,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 33] From State General Funds, $346,500 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 34] From State General Funds, $115,500 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 $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 35] From State General Funds, $150,150 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 $650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 36] From State General Funds, $854,000 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 $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 37] From State General Funds, $56,791 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 Grantville Public Library, for that library, through the issuance of not more than $665,000 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 State General Funds, $170,800 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the 4752 JOURNAL OF THE SENATE governing board of the Forsyth County Public Library, for that library, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 39] From State General Funds, $46,200 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 Jeff Davis Public Library, for that library, through the issuance of not more than $200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 40] From State General Funds, $42,700 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 Mildred L. Terry Branch Library, for that library, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 41] From State General Funds, $170,800 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 Nancy Guinn Memorial 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 # 42] From State General Funds, $104,615 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 Senoia Public Library, for that library, through the issuance of not more than $1,225,000 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 State General Funds, $162,260 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 Blackshear Memorial Library, for that library, through the issuance of not more than $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 44] From State General Funds, $170,800 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 Houston County 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 # 45] From State General Funds, $4,389,000 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 $19,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 46] From State General Funds, $138,600 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 FRIDAY, APRIL 4, 2008 4753 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 sixty months. [Bond # 47] From State General Funds, $1,708,000 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 $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 48] From State General Funds, $2,677,290 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 $11,590,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 49] From State General Funds, $1,043,588 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 $12,220,000 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 State General Funds, $1,732,500 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 $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 51] From State General Funds, $447,069 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 $5,235,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 52] From State General Funds, $670,817 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 $7,855,000 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 State General Funds, $781,410 is specifically appropriated for the purpose 4754 JOURNAL OF THE SENATE 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 $9,150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 54] From State General Funds, $341,600 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 $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 # 55] From State General Funds, $128,100 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 56] From State General Funds, $427,000 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 $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 # 57] From State General Funds, $1,592,710 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 $18,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 58] From State General Funds, $1,281,000 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 $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. [Bond # 59] From State General Funds, $115,500 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 FRIDAY, APRIL 4, 2008 4755 personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 60] From State General Funds, $173,250 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 $750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 61] From State General Funds, $1,089,704 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 $12,760,000 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 State General Funds, $357,826 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 $4,190,000 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 State General Funds, $295,057 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 $3,455,000 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 State General Funds, $218,295 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 $945,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 65] From State General Funds, $592,676 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 $6,940,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. 4756 JOURNAL OF THE SENATE [Bond # 66] From State General Funds, $128,954 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 $1,510,000 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 State General Funds, $51,240 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 $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 # 68] From State General Funds, $158,844 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 $1,860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 69] From State General Funds, $58,072 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 $680,000 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 State General Funds, $66,185 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 $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 # 71] From State General Funds, $1,155,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 72] From State General Funds, $924,000 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, FRIDAY, APRIL 4, 2008 4757 waters, 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 sixty months. [Bond # 73] From State General Funds, $1,336,510 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 74] From State General Funds, $843,752 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 $9,880,000 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] From State General Funds, $315,315 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 $1,365,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 76] From State General Funds, $23,100 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 $100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 77] From State General Funds, $23,100 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 $100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 78] From State General Funds, $91,245 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 $395,000 in principal amount of General Obligation Debt, the instruments of which shall have 4758 JOURNAL OF THE SENATE maturities not in excess of sixty months. [Bond # 79] From State General Funds, $48,678 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 $570,000 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 State General Funds, $1,003,695 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 $4,345,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 81] From State General Funds, $634,949 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 $7,435,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 82] From State General Funds, $1,573,110 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,810,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 83] From State General Funds, $145,180 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 $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 84] From State General Funds, $622,566 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Agricultural Exposition Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,290,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 85] From State General Funds, $256,200 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the FRIDAY, APRIL 4, 2008 4759 acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 two hundred and forty months. [Bond # 86] From State General Funds, $1,248,555 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 $5,405,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 87] From State General Funds, $1,155,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 88] From State General Funds, $836,920 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 $9,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 89] From State General Funds, $577,500 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 90] From State General Funds, $231,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 91] From State General Funds, $2,135,000 is specifically appropriated for the purpose of financing projects and facilities for the Jekyll Island State Park 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 4760 JOURNAL OF THE SENATE $25,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 92] From State General Funds, $453,915 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 $1,965,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 93] From State General Funds, $256,200 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 $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 94] From State General Funds, $231,000 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 # 95] From State General Funds, $1,848,000 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 $8,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 96] From State General Funds, $635,250 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 $2,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 97] From State General Funds, $170,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 98] From State General Funds, $288,750 is specifically appropriated for the purpose FRIDAY, APRIL 4, 2008 4761 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 $1,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 99] From State General Funds, $3,586,800 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 $42,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 100] From State General Funds, $204,960 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 $2,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 101] From State General Funds, $478,240 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 $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 # 102] From State General Funds, $2,562,000 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 $30,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 103] From State General Funds, $401,380 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Regional Transportation 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 $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 # 104] From State General Funds, $290,787 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 $3,405,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 105] From State Motor Fuel Funds, $19,642,000 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 4762 JOURNAL OF THE SENATE $230,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 106] From State General Funds, $657,580 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 $7,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 107] From State General Funds, $170,800 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 $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 # 108] From State Motor Fuel Funds, $896,700 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 $10,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 109] From State General Funds, $1,155,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Section 50: 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 51: 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 FRIDAY, APRIL 4, 2008 4763 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 52: Salary Adjustments The appropriations to budget units made above include funds for, and have the added purpose of, the following salary increases and adjustments, administered in conformity with the applicable compensation and performance management plans as provided by law: 1.) A general salary increase of 2.5% for employees of the Executive, Legislative and Judicial Branches. The amount for this Item is calculated according to an effective date of January 1, 2009. 2.) In lieu of other numbered items, (a) to provide 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 determined by the Office of Planning and Budget according to O.C.G.A. 45-7-4(b), 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 increases of up to 2.5% 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, 2009. 3.) Before item 1 above, but not in lieu of it, funds for supplemental salary adjustments for certain employees in the job titles and departments shown in the "Summary of Critical Job Classifications" on page 39 of The Governor's Budget Report FY 2009. The employees are those within the listed job titles and agencies with salaries below a target market salary as identified by the State Personnel Administration, calculated for an effective date of January 1, 2009. 4.) Before item 1 above, but not in lieu of it, funds to adjust salaries of certain employees in the job titles and departments shown in the "Summary of Special Job Classifications" on page 40 of The Governor's Budget Report FY 2009. The employees are those within the listed job titles and agencies as determined by the Commissioner of Personnel Administration in December of 2007. The purpose is to adjust salaries of incumbents to address turnover and recruitment issues, calculated for an effective date of January 1, 2009. 5.) After items 1, 3 and 4 above and item 11(a) below, to provide for a 3% increase in the maxima and minima of the statewide salary plan. 6.) In lieu of other numbered items, (a) To provide for a 2.5% increase across the State Salary Schedule of the State Board of Education through a 2.5% increase in the state base salary. This proposed 2.5% salary 4764 JOURNAL OF THE SENATE 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, 2008; (b) To provide for a 2.5% increase in funding for salaries for lunchroom workers and for a 2.5% 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, 2008. 7.) In lieu of other numbered items, to provide a 2.5% 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 September 1, 2008. 8.) In lieu of other numbered items, to provide a 2.5% 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, 2009. 9.) In lieu of other numbered items, to provide a 2.5% salary increase for public librarians administered by the Board of Regents. The amount for this Item is calculated according to an effective date of January 1, 2009. 10.) In lieu of other numbered items, to provide for a 2.5% salary increase for faculties and nonacademic personnel within the Department of Technical and Adult Education. The amount for this Item is calculated according to an effective date of January 1, 2009. 11.) (a) Before items 1 and 5 above, but not in lieu of them, funds for supplemental salary adjustments for employees in the job titles of the Department of Human Resources shown below, who are compensated at less than 75% of target market salary determined according to law, in order to bring such employees in such job titles and departments up to 75% of target market salary, calculated for an effective date of January 1, 2009. Department of Human Resources: Clinical Home Health Care (Job Code: 71143) MH/DD Shift Supervisor (LPN) (Job Code: 71146) Nurse (Job Code: 71128) Nurse (Inpatient) (Job Code: 71113) Nurse Assistant Chief (Job Code: 71168) Nurse Camp (Job Code: 71137) Nurse Charge (Inpatient) (Job Code: 71101) Nurse Charge Resident Crisis Stabilization (Job Code: 71176) Nurse Clinical Specialist Team Leader (Job Code: 71151) Nurse Coordinator Public Health (Job Code: 71119) Nurse Coordinator (CSH), OHIS (Job Code: 71157) Nurse Day Administrator (Savannah) (Job Code: 71102) FRIDAY, APRIL 4, 2008 4765 Nurse Evaluator (WS) (Job Code: 71166) Nurse Lead (Job Code: 71126) Nurse Licensed Practical, Home Health (Job Code: 71139) Nurse Licensed Practical (Job Code: 71129) Nurse Licensed Practical Public Health (Job Code: 71125) Nurse Licensed Practical Inpatient (Job Code: 71109) Nurse Manager, Assistant (CSB) (Job Code: 71178) Nurse Manager (Inpatient) (Job Code: 71112) Nurse Public Health (Job Code: 71122) Nurse Resident Crisis Stabilization (Job Code: 71175) Nurse Specialist (Job Code: 71132) Nurse Specialist Public Health (Job Code: 71121) Nurse Staff (Job Code: 71127) Nurse Supervisor (YCA) (Job Code: 71173) Nurse & Clinical Assistant Director, Dist PH (Job Code: 71131) Nursing Assistant, Certified (Job Code: 71141) Nursing Assistant (YCA) (Job Code: 71174) Nursing Assistant Lead, Certified (Job Code: 71139) Nursing Director (Job Code: 71177) Nursing Director, Clinical (Job Code: 71171) Nursing Supervisor PH (Job Code: 71118) Nursing & Clinical Director, Dist PH (Job Code: 71116) Nurse Surveyor (Job Code: 19609) (b) After items 1, 3, 4, and 5 above, to provide additional funds for salary increases in the job titles and departments shown below, calculated for an effective date of January 1, 2009, with the additional purposes of review of pay grade assignments, implementation of pay grade changes, facilitation of recruitment and retention and relief of salary compression within range: Department of Corrections: Correctional Officer (Job Code: 17242) Correctional Officer, Farm Services (Job Code: 17259) Georgia Bureau of Investigation: Assistant Crime Lab Associate (Job Code: 90305) Assistant Special Agent in Charge (Job Code: 17459) Crime Lab Associate (Job Code: 90618) Crime Lab Scientist 3 (Job Code: 90616) Special Agent 3 (Job Code: 17453) Special Agent in Charge (Job Code: 17461) Department of Juvenile Justice: Juvenile Correctional Officer 1 (Job Code: 17251) Department of Natural Resources: Administrative Operations Manager (Job Code: 61709) 4766 JOURNAL OF THE SENATE Conservation Captain Academy Director (Job Code: 17913) Conservation Corporal (Job Code: 17906) Conservation Captain Safety Education Officer (Job Code: 17916) Conservation Captain Special Projects Officer (Job Code: 17914) Conservation Ranger (Job Code: 17911) Conservation Ranger 1st Class (Job Code: 17907) Conservation Sergeant (Job Code: 17905) Conservation Sergeant Administrative Specialist (Job Code: 17919) Conservation Sergeant State Investigator (Job Code: 17918) Division Director, Assistant (Job Code: 13007) Fisheries Technician (Job Code: 13816) Historic Site Manager 1 (Job Code: 13401) Historic Site Manager 2 (Job Code: 13402) Law Enforcement Chief, Assistant (Job Code: 17902) Law Enforcement Region Supervisor (Job Code: 17904) Lodge Operations Manager Lodge/Parks General Manager 2 (Job Code: 13849) Lodge/Parks Region Manager (Job Code: 13835) Parks Assistant Manager 1 (Job Code: 13605) Parks Assistant Manager 2 (Job Code: 13604) Parks Manager 1 (Job Code: 13603) Parks Manager 2 (Job Code: 13602) Parks Manager 3 (Job Code: 13601) Parks Ranger Enforcement (Job Code: 13608) Parks Region Supervisor (Job Code: 13611) Parks Resource Manager 1 (Job Code: 13616) Parks Resource Manager 2 (Job Code: 13617) Parks Resource Manager 3 (Job Code: 13618) Wildlife Technician (Job Code: 13815) Board of Pardons and Paroles: Parole Officer (Job Code: 17527) Parole Officer, Assistant Chief (Job Code: 17531) Parole Officer, Chief (Job Code: 17526) Parole Officer, Senior (Job Code: 17527) Regional Director (Manager II), (Job Code: 60046) Section 53: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of the General Appropriations Act for state fiscal year 2007-2008 (Section 49 of Ga. L. 2007, pp. 1 of 277, 263), as carried forward in Section 49 of House Bill 989 (Ga. L. 2008, Book One, Volume Two Appendix, commencing as p. 1 of 170, 162) is hereby repealed in its entirety: From the appropriation designated "State General Funds (New)", $161,880 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports FRIDAY, APRIL 4, 2008 4767 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, $710,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. Section 54: Flex 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. In the preceding sentence, "Federal Funds" means any federal funding source, whether specifically identified or not specifically identified; "Other Funds" means all other fund sources except State Funds or Federal Funds, including without limitation, Intra-State Government Transfers. This paragraph does not permit an agency to include within its flex the appropriations for an agency attached to it for administrative purposes. Section 55: Budgetary Control and Interpretation The appropriations of State Funds in this Act consist of the amount stated, for each line at the lowest level of detail, associated with the statement of Program Name and Program Purpose. The appropriations of Federal Funds and of Other Funds in this Act consist of the amount stated at the highest or summary level of detail associated with the statement of Program Name and Program Purpose, and the lower levels of detail are for information only. In the preceding sentence, "Federal Funds" means any federal funding source, whether specifically identified or not specifically identified; "Other Funds" means all other fund sources except State Funds and Federal Funds, including in Other Funds without limitation all Intra-State Government Transfers. Regardless of placement on the page, both the highest or summary level of detail and the lower detail of appropriations of Intra-State Government Transfers will be deemed lower levels of detail of Other Funds, and the highest or summary amount will be deemed added to the highest or summary amount of the appropriation of Other Funds for the program. 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 15 and the lowest level of detail for authorizations for general obligation debt in Section 49 are the authorizing paragraphs. Section 56: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 57: Repeal Conflicting Laws All laws and parts of laws in conflict with this act are repealed. 4768 JOURNAL OF THE SENATE Senator Hill of the 4th moved that the Senate adopt the Conference Committee Report on HB 990. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Hooks (PRS) Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 990. The following communications were received by the Secretary: Senator Lee Hawkins District 49 304-A Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Reapportionment and Redistricting Agriculture and Consumer Affairs Health and Human Services Natural Resources and the Environment State and Local Governmental Operations The State Senate Atlanta, Georgia 30334 4-4-08 Please record my vote on HB 990 as a yea vote. I voted, but my machine did not register and malfunctioned. /s/ Lee Hawkins FRIDAY, APRIL 4, 2008 4769 Senator Curt Thompson District 5 323-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Economic Development Higher Education State Institutions and Property Veterans, Military and Homeland Security Special Judiciary Urban Affairs The State Senate Atlanta, Georgia 30334 4/4/08 Please record me as having voted "yes" on HB 990. /s/ Curt Thompson The following Senators were excused for business outside the Senate Chamber: Balfour of the 9th Seabaugh of the 28th Chapman of the 3rd Rogers of the 21st The following bill was taken up to consider the Conference Committee Report thereto: HB 1116. By Representative Barnard of the 166th: 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 modify certain provisions relating to the "Probation Management Act of 2004"; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on HB 1116 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1116 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: 4770 JOURNAL OF THE SENATE /s/ Senator Grant of the 25th /s/ Senator Carter of the 13th /s/ Senator Chance of the 16th /s/ Representative Barnard of the 166th /s/ Representative Greene of the 149th /s/ Representative Davis of the 109th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1116 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 to increase the minimum reimbursement rate paid to counties for housing state inmates; to change certain provisions relating to transmittal of information on convicted persons and place of detention; to change the provision that allows convicted persons to remain in local jails under certain circumstances; to amend Article 9 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation management, so as to modify certain provisions relating to the "Probation Management Act of 2004"; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention, is amended by revising subsection (c) of Code Section 42-5-51, relating to jurisdiction over certain misdemeanor offenders, designation of place of confinement of inmates, and reimbursement of counties for housing state inmates, as follows: "(c) After proper documentation is received from the clerk of the court, the department shall have 15 days to transfer an inmate under sentence to the place of confinement. If the inmate is not transferred within the 15 days, the department will reimburse the county, in a sum not less than $7.50 $25.00 per day per inmate and in such an additional amount as may be appropriated for this purpose by the General Assembly, for the cost of the incarceration, commencing 15 days after proper documentation is received by the department from the clerk of the court. The reimbursement provisions of this Code section shall only apply to payment for the incarceration of felony inmates available for transfer to the department, except inmates under death sentence awaiting transfer after their initial trial, and shall not apply to inmates who were incarcerated under the custody of the commissioner at the time they were returned to the county jail for trial on additional charges or returned to the county jail for any other purposes, including for the purpose of a new trial." SECTION 2. Said article is further amended by revising subsections (b) through (e) of Code Section 42-5-50, relating to transmittal of information on convicted persons and places of FRIDAY, APRIL 4, 2008 4771 detention, as follows: "(b) Except as otherwise provided in subsection (c) of this Code section, within Within 15 days after the receipt of the information provided for in subsection (a) of this Code section, the commissioner shall assign the convicted person to a correctional institution designated by him the commissioner in accordance with subsection (b) of Code Section 42-5-51. It shall be the financial responsibility of the correctional institution to provide for the picking up and transportation, under guard, of the inmate to his the inmates assigned place of detention. If the inmate is assigned to a county correctional institution or other county facility, the county shall assume such duty and responsibility. (c) In the event that the attorney for the convicted person shall file a written request with the court setting forth that the presence of the convicted person is required within the county of the conviction, or incarceration, in order to prepare and prosecute properly the appeal of the conviction, the convicted person shall not be transferred to the correctional institution as provided in subsection (b) of this Code section. In such event the convicted person shall remain in the custody of the local jail or lockup until all appeals of the conviction shall be disposed of or until the attorney of record for the convicted person shall file with the trial court an affidavit setting forth that the presence of the convicted person is no longer required within the county in which the conviction occurred, or in which the convicted person is incarcerated, whichever event shall first occur. (d) The department shall not be required to assume the custody of those inmates who have been convicted and sentenced prior to January 1, 1983, and because their conviction is under appeal have not been transferred to the custody of the department, until July 1, 1983. The state shall pay for each such inmate not transferred to the custody of the department from a county facility the per diem rate specified by subsection (c) of Code Section 42-5-51 for each day the inmate remains in the custody of the county after the department receives the notice provided by subsection (a) of this Code section on or after January 1, 1983. (e)(d) In the event that the convicted person is free on bond pending the appeal of his or her conviction, the notice provided for in subsection (a) of this Code section shall not be transmitted to the commissioner until all appeals of such conviction have been disposed of or until the bond shall be revoked." SECTION 3. Article 9 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation management, is amended in Code Section 42-8-153, relating to administrative sanctions as an alternative to judicial modification or revocation of probation, as follows: "42-8-153. (a) The department is authorized to establish by rules and regulations a system of administrative sanctions as an alternative to judicial modifications or revocations for probationers who violate the terms and conditions of the sentencing options system established under this article. The department may not, however, sanction probationers for violations of special conditions of probation or general conditions of probation for 4772 JOURNAL OF THE SENATE which the sentencing judge has expressed an intention that such violations be heard by the court pursuant to Code Section 42-8-34.1. (b) The department shall only impose restrictions which are equal to or less restrictive than the initial sanction cap set by the sentencing judge. (c) The administrative sanctions which may be imposed by the department are as follows, from most restrictive to least restrictive: (1) Probation detention center or residential substance abuse treatment facility; (2) Probation boot camp; (3) Probation diversion center; (5)(4) Options system Department of Corrections day reporting center; (4)(5) Intensive probation; (6) Electronic monitoring; (7) Community service; or (8) Probation supervision." SECTION 4. Said article is further amended in Code Section 42-8-154, relating to preliminary hearings, as follows: "42-8-154. Whenever an options system probationer is arrested on a warrant for an alleged violation of probation, an informal preliminary hearing shall be held within a reasonable time not to exceed 15 days. However, a preliminary hearing is not required if the probationer is not under arrest on a warrant, or if the probationer has signed a waiver of a preliminary hearing, or if the administrative hearing referred to in Code Section 42-8-155 will be held within 15 days of arrest." SECTION 5. Said article is further amended in Code Section 42-8-155, relating to hearings regarding violations, by adding a new subsection to read as follows: "(f) Official forms of the department for the recording of the findings, imposition of sanctions, or waiver of a hearing signed by the department hearing officer shall be filed with the clerk of the superior court having jurisdiction over the defendant." SECTION 6. Said article is further amended in Code Section 42-8-156, relating to the finality of the hearing officers decision, as follows: "42-8-156. (a) The hearing officers decision shall be final unless the options system probationer files for review with the senior hearing officer. The request for review shall be filed within 15 days of the issuance of the departments decision. The request for review shall not stay the departments decision. The senior hearing officer shall issue a response within seven days of receipt of the review request. (b) The senior hearing officers decision shall be final unless the options system FRIDAY, APRIL 4, 2008 4773 probationer files an appeal in the sentencing court. Such appeal shall name the commissioner as defendant and shall be filed within 30 days of the issuance of the decision by the department senior hearing officer. (b)(c) This appeal shall be first reviewed by the judge upon the record. At the judges discretion, a de novo hearing may be held on the decision. The filing of the appeal shall not stay the departments decision. (c)(d) Where the sentencing judge does not act on the appeal within 30 days of the date of the filing of the appeal, the departments decision shall be affirmed by operation of law." SECTION 7. Said article is further amended in Code Section 42-8-158, relating to application of the article only in counties with certified options system day reporting centers, as follows: "42-8-158. This article shall only apply in counties that have an options system day reporting center certified by the department judicial circuits where the department has allocated certified hearing officers." SECTION 8. Said article is further amended by repealing Code Section 42-8-160, relating to the repeal of the article, which reads as follows: "42-8-160. This article shall be repealed in its entirety on June 30, 2008." SECTION 9. Sections 1 and 2 of this Act shall become effective on January 1, 2010. The remaining sections of this Act shall become effective on June 15, 2008. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Senator Grant of the 25th moved that the Senate adopted the Conference Committee Report on HB 1116. 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 Carter Y Heath Henson Y Hill,Jack Y Hill,Judson Hooks (PRS) Y Hudgens Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith Y Staton 4774 JOURNAL OF THE SENATE Y Chance E Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed C Rogers Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1116. The following bill was taken up to consider the Conference Committee Report thereto SB 429. By Senators Bulloch of the 11th, Goggans of the 7th, Douglas of the 17th, Heath of the 31st and Hudgens of the 47th: A BILL to be entitled an Act to provide for enforcement of state laws pertaining to functions assigned to the Department of Agriculture; to provide for certain other enforcement powers of department employees; to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to redesignate and change certain provisions relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on SB 429 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 429 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: FRIDAY, APRIL 4, 2008 4775 /s/ Senator Bulloch of the 11th /s/ Senator Goggans of the 7th /s/ Senator Douglas of the 17th /s/ Representative Black of the 174th /s/ Representative McCall of the 30th /s/ Representative Roberts of the 154th COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 429 A BILL TO BE ENTITLED AN ACT To provide for enforcement of laws governing matters within the jurisdiction of the Commissioner of Agriculture or the Department of Agriculture; to provide for certain other related law enforcement powers; to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to redesignate and change certain provisions relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally; 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 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, are amended by redesignating and revising Code Section 4-4-5, relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally, as follows: "4-4-5 2-2-13. (a) The Commissioner is shall be vested with police powers to enforce this chapter those laws governing matters within the jurisdiction of the Commissioner or the department as provided by this title and Titles 4, 10, 26, and 43 and the rules and regulations adopted pursuant to this chapter thereto and to prevent, detect, and respond to acts of bioterrorism, other terroristic acts or threats, or natural disasters affecting or potentially affecting plants, animals, products, or facilities that are subject to regulation by the department. (b) The Commissioner is shall be authorized to employ, designate, and deputize, investigators and to delegate to such employees of the department the necessary authority to enforce this chapter those laws governing matters within the jurisdiction of the Commissioner or the department as provided by this title and Titles 4, 10, 26, and 43 and the rules and regulations adopted pursuant to this chapter thereto and to prevent, detect, and respond to acts of bioterrorism, other terroristic acts or threats, or natural disasters affecting or potentially affecting plants, animals, products, or facilities that are subject to regulation by the department. Employees who have been so designated by the 4776 JOURNAL OF THE SENATE Commissioner and who have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' are shall be authorized: (1) To carry firearms authorized or issued by the Commissioner while in the performance of their duties; (2) To inspect any livestock found within this state plants, animals, products, or facilities when the same are subject to regulation by the department; (3) To stop and inspect any vehicle transporting livestock in this state; plants, animals, or products when the same are subject to regulation by the department; (4) To inspect and require the production of health certificates, waybills, permits, or other documents required by federal or state laws, rules, regulations, or orders for the transportation of livestock plants, animals, or products when the same are subject to regulation by the department; and (5) To protect any life or property when the circumstances demand action; and (5)(6) To arrest any person found to be in violation of this chapter a criminal law when enforcement of such law is authorized under this subsection. (c) From funds appropriated or available to the department, the Commissioner is shall be authorized to provide motor vehicles, uniforms, firearms, and any other equipment and supplies needed by employees of the department to carry out this chapter Code section. (d) This Code section shall not repeal, supersede, alter, or affect the power of any other law enforcement officer of this state or of any county, municipality, or other political subdivision of this state to enforce this chapter. At the request of the Commissioner of Agriculture, it shall be the duty of all state, county, municipal, and other law enforcement officers in this state to enforce and to assist the Commissioner and the employees and agents of the department in the enforcement of this chapter those laws governing matters within the jurisdiction of the Commissioner or the department as provided by this title and Titles 4, 10, 26, and 43." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Bulloch of the 11th moved that the Senate adopt the Conference Committee Report on SB 429. 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 Heath Henson Y Hill,Jack Y Hill,Judson Hooks (PRS) Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith FRIDAY, APRIL 4, 2008 4777 Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed C Rogers Y Staton Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 429. Senator Mullis of the 53rd was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: HB 239. By Representatives Lane of the 158th, Jerguson of the 22nd and Burns of the 157th: A BILL to be entitled an Act to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, so as to change certain provisions relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to provide an effective date; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 239 by inserting after "are required;" on line 4 of page 1 the following: to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to limit liability of certain landowners who allow wildlife to traverse their property or of persons hunting game on such property with permission; By redesignating Sections 4 and 5 as Sections 5 and 6 and inserting after Section 3 the 4778 JOURNAL OF THE SENATE following: SECTION 4. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by adding a new Code section to read as follows: "51-1-52. A landowner who allows wildlife to traverse the owners property, or a person hunting game on such property with permission, shall be immune from civil liability for damage and injuries which may be caused by wildlife which traverse the landowners property and enter a public roadway or right of way, provided that the conduct of the landowner or person hunting game does not constitute gross negligence or willful and wanton misconduct." Senator Bulloch of the 11th moved that the Senate agree to the House amendment to the Senate substitute to HB 239. On the motion, a roll call was taken and the vote was as follows: N Adelman C Balfour Y Brown Y Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Y Grant N Hamrick N Harbison N Harp Y Hawkins N Heath Henson Y Hill,Jack Y Hill,Judson Hooks (PRS) Y Hudgens Y Jackson Y Johnson N Jones Y Me V Bremen Y Moody C Mullis Y Murphy Orrock Y Pearson Y Powell N Ramsey N Reed Y Rogers Schaefer C Seabaugh N Seay Y Shafer,D Y Smith Y Staton Y Stoner N Tarver N Tate Y Thomas,D Y Thomas,R N Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the motion, the yeas were 34, nays 13; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 239. Senator Weber of the 40th was excused for business outside the Senate Chamber. FRIDAY, APRIL 4, 2008 4779 The following bill was taken up to consider House action thereto: HB 1329. By Representatives Lane of the 158th and Stephens of the 164th: A BILL to be entitled an Act to create the Bryan County Water and Sewer Authority; to provide a short title; to provide for definitions; to provide for the appointment of members of the board; to provide for organization and rules; to provide for powers and duties; to provide for financing of projects; to provide for revenue bonds; to provide for trust indentures and sinking funds; to provide for jurisdiction, venue, and remedies; to provide for validation; to provide for certain trust funds; to provide for audits; to provide for immunity; to provide for rules and regulations; to provide for construction; to provide for supplemental powers; 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 1329 (LC 25 5283S) by inserting "its" between "manage" and "water" on line 9 of page 5. By inserting "only" between "County" and "when" on line 31 of page 5. By replacing "the" with "its" at the end of line 32 of page 5. By replacing "of the water" with "of its water" on line 3 of page 6. By replacing "and" with "add to, extend, improve, or" on line 8 of page 14. By inserting "its service area" between "or" and "combined" on line 10 of page 14. Senator Johnson of the 1st moved that the Senate agree to the House amendment to the Senate substitute to HB 1329. On the motion, a roll call was taken and the vote was as follows: Adelman C Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Heath Henson Y Hill,Jack Y Hill,Judson Hooks (PRS) Y Hudgens Y Jackson Y Johnson Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver 4780 JOURNAL OF THE SENATE Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Y Grant Y Hamrick Harbison Y Harp Y Hawkins Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Orrock Pearson Y Powell Y Ramsey Y Reed Y Rogers Tate Y Thomas,D Y Thomas,R Thompson,C Thompson,S Y Tolleson Y Unterman E Weber Y Wiles Y Williams On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1329. 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 474. By Senators Staton of the 18th, Heath of the 31st, Douglas of the 17th, Powell of the 23rd, Thomas of the 54th and others: A BILL to be entitled an Act to amend Title 39 of the Official Code of Georgia Annotated, relating to minors, so as to provide for definitions; to provide for the availability of parental controls over Internet access by children; to provide for the development and distribution of Internet online safety curricula and information; to provide for the monitoring of Internet use by registered sexual offenders; to provide for the registration of e-mail addresses and usernames of registered sexual offenders; to provide for certain disclosures; to provide that interactive computer services shall provide certain information for investigative purposes; to provide for the reporting by interactive computer services of child pornography violations; to provide for related matters; 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: FRIDAY, APRIL 4, 2008 4781 SB 169. By Senators Hamrick of the 30th, Harp of the 29th, Meyer von Bremen of the 12th, Adelman of the 42nd, Grant of the 25th 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. The Speaker has appointed on the part of the House, Representatives Hembree of the 67th, Cox of the 102nd, and Knight of the 126th. 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: HB 670. By Representative Sims of the 169th: 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 wood residuals; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the commissioner 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 Speaker has appointed on the part of the House, Representatives Sims of the 169th, Royal of the 171st, and O`Neal of the 146th. 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 1168. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-13-51 of the Official 4782 JOURNAL OF THE SENATE 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, collection, and expenditure of proceeds of such tax; to provide an effective date; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives O`Neal of the 146th, Mills of the 25th, and Royal of the 171st. The House adheres on its position in disagreeing to the Senate amendment to the House substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the Senate: SB 355. By Senators Smith of the 52nd, Hamrick of the 30th, Cowsert of the 46th, Harp of the 29th, Meyer von Bremen of the 12th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to provide for the disbursement of certain settlement funds after closing even though such funds are not collected funds; to provide that lenders shall provide loan funds in the form of collected funds at or prior to closing; 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 Willard of the 49th, O`Neal of the 146th, and Jacobs of the 80th. The following Senators were excused for business outside the Senate Chamber: Hamrick of the 30th Staton of the 18th Johnson of the 1st Rogers of the 21st The following bill was taken up to consider House action thereto: SB 325. By Senator Reed of the 35th: A BILL to be entitled an Act to amend an Act to provide a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes, approved April 19, 2000 (Ga. L. 2000, p. 4462), so as to increase the amount of such exemption; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. FRIDAY, APRIL 4, 2008 4783 The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend an Act to provide a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes, approved April 19, 2000 (Ga. L. 2000, p. 4462), so as to increase the amount of such exemption; 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. An Act to provide a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes, approved April 19, 2000 (Ga. L. 2000, p. 4462), is amended by revising subsection (a) of Section 2 as follows: "(a) Each resident of the City of Atlanta who is a senior citizen and whose net income does not exceed $40,000.00 is granted an exemption on that persons homestead from all City of Atlanta ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation." SECTION 2. Said Act is further amended by revising Section 5 as follows: "SECTION 5. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2009." SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Atlanta 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 Atlanta for approval or rejection. The election superintendent shall conduct that election on the Tuesday next after the first Monday in November, 2008, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words: "( ) YES ( ) NO Shall the Act be approved which provides a new increased homestead exemption from City of Atlanta 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 whose income does not exceed $40,000.00?" 4784 JOURNAL OF THE SENATE All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 3 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, Sections 1 through 3 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 Atlanta. It shall be the election superintendents duty to certify the result thereof to the Secretary of State. SECTION 4. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Reed of the 35th moved that the Senate agree to the House substitute to SB 325. On the motion, a roll call was taken and the vote was as follows: Y Adelman C Balfour Brown Y Bulloch Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant C Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Hooks (PRS) Y Hudgens Y Jackson E Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed E Rogers Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith E Staton 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 Wiles Y Williams On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 325. FRIDAY, APRIL 4, 2008 4785 Senator Williams of the 19th was excused for business outside the Senate Chamber. 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 following bill was taken up to consider House action thereto: HB 535. By Representative Butler of the 18th: A BILL to be entitled an Act to amend Title 37 of the O.C.G.A., relating to mental health, so as to create a patient advocacy board and the position of Patient Advocate General to investigate fatalities and allegations of abuse, neglect, or improper treatment occurring in facilities operated by, subjection to certification by, or under contact with the Division of Mental Health, Developmental Disabilities, and Addictive Diseases; to provide for definitions; to provide for appointment of board members, qualifications of board members, terms, vacancies, removal, and immunity; to provide for oath of office and certificate of appointment; to provide for board meetings, procedure, and expenses; to provide for the powers and duties of the Patient Advocate General; to provide for confidentiality of certain information and exceptions; to provide for reporting of certain information; to provide for 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 535 (HB 535/SCFSA/1) by striking line 1 of page 1 through line 26 of page 11 and inserting in its place the following: To amend an Act providing for the state ombudsman and community ombudsmen for mental health, mental retardation, and substance abuse, approved April 19, 2000 (Ga. L. 2000, p. 440), so as to repeal certain provisions providing for state and community officials; to amend an Act providing for the state ombudsman and community ombudsmen for mental health, developmental disabilities, and addictive diseases, approved May 16, 2002 (Ga. L. 2002, p. 1324), so as to repeal certain provisions providing for state and community officials; to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, developmental disabilities, addictive diseases, and other disability services, so as to create the office of disability services ombudsman; to provide for definitions; to provide for the appointment, qualifications, and term of a disability services ombudsman; to provide for a nominating committee for selecting the ombudsman; to provide for the organization of the office of disability services ombudsman; to provide for duties; to provide for the release of certain information to the ombudsman; to provide for penalties; to provide for a medical review group to review the deaths of consumers; to provide for limited liability; 4786 JOURNAL OF THE SENATE to provide for statutory construction; to provide for the appointment, duties, and compensation of the medical review group; to provide for related matters; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Section 1 of the Act providing for a state ombudsman and community ombudsmen for mental health, mental retardation, and substance abuse, approved April 19, 2000 (Ga. L. 2000, p. 440) is repealed in its entirety. SECTION 2. Section 1-8 of the Act providing for a state ombudsman and community ombudsmen for mental health, developmental disabilities, and addictive diseases, approved May 16, 2002 (Ga. L. 2002, p. 1324) is repealed in its entirety. SECTION 3. Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, developmental disabilities, addictive diseases, and other disability services, is amended by adding a new Article 2 to read as follows: "ARTICLE 2 Part 1 37-2-30. As used in this article, the term: (1) 'Advance directive for health care' means a written document voluntarily executed by a patient in accordance with the requirements of Code Section 31-32-5. (2) 'Clinical record' means a written record pertaining to an individual consumer and shall include all medical records, progress notes, charts, admission and discharge data, and all other information which is recorded by a services provider or other entities responsible for a consumers care and treatment under this chapter and which pertains to the consumers hospitalization, treatment, or habilitation. (3) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in Code Section 37-2-2 and shall include natural persons who are seeking disability services. (4) 'Durable power of attorney for health care' means a written document voluntarily executed by an individual creating a health care agency in accordance with Chapter 36 of Title 31, as such chapter existed on and before June 30, 2007. (5) 'Estate representative' means an executor, executrix, administrator, or administratrix of the estate of a deceased consumer. (6) 'Guardian' shall have the same meaning as provided in Code Section 29-1-1. (7) 'Health care agent' means an agent under a durable power of attorney for health FRIDAY, APRIL 4, 2008 4787 care or health care agent under an advance directive for health care. (8) 'Office' means the office of disability services ombudsman created pursuant to subsection (a) of Code Section 37-2-31. (9) 'Ombudsman' means the disability services ombudsman appointed as provided for in Code Section 37-2-32. (10) 'Rights' means such rights as provided by statute, rule, or regulation for a consumer of a services provider. (11) 'Services provider' means a public or private person, corporation, or business which provides disability services operated by the division, under letter of agreement with the division, or under contract with the division. (12) 'Safety' means freedom from physical harm. (13) 'Well-being' means quality of life of a consumer, including the environment of care. 37-2-31. (a) There is created the office of disability services ombudsman. The chief officer of such office shall be the ombudsman. (b) The office and the ombudsman shall: (1) Be charged with promoting the safety, well-being, and rights of consumers; (2) Have the powers and duties set forth in this article; and (3) Act independently of any state official, department, or agency in the performance of duties. (c) The office and ombudsman shall be assigned to the office of the Governor for administrative purposes only. 37-2-32. (a) A nominating committee appointed by the Governor shall identify at least three qualified persons to serve as ombudsman. In making the appointment of the ombudsman, the Governor shall consider, but not be limited to, the nominations furnished by the nominating committee. The ombudsman shall have knowledge and experience concerning the safety, well-being, and rights of consumers and shall have the skills to perform the duties set forth in this article. (b) The nominating committee shall have at least five members, who are residents of this state, appointed by the Governor and selected from the following: (1) A former consumer of the division; (2) A current consumer of the division; (3) A representative of the department; (4) A representative of an advocacy organization for consumers; (5) A representative of law enforcement; (6) A licensed psychiatrist; (7) A psychologist; (8) A registered professional nurse; and (9) A representative of the executive branch of the state government of Georgia. 4788 JOURNAL OF THE SENATE (c) Three members of the committee shall constitute a quorum. The nominating committee shall elect from among the members a chairperson and a vice chairperson. (d) The ombudsman shall serve a term of five years and until his or her successor is appointed and qualified. The ombudsman may be reappointed. No person shall serve as ombudsman while holding another public office or while being an owner or operator of a services provider or in the employ of or under contract with a services provider; nor shall such person be a spouse, parent, or child of such an owner, operator, employee, or contractor. 37-2-33. (a) The ombudsman may appoint such deputy ombudsmen and staff as may be deemed necessary to effectively fulfill the purposes of this article and establish the compensation thereof, within the limits of the funds available for the purposes of the ombudsman. The duties of the deputy ombudsmen and staff may include the duties and powers of the ombudsman if performed under the direction of the ombudsman. The deputy ombudsmen shall be removable at the discretion of the ombudsman. (b) The ombudsman shall have the authority to contract with experts in fields including but not limited to medicine, psychology, child development, mental or emotional illness, developmental disability, addictive disease, and child welfare, as needed to support the work of the ombudsman, utilizing funds appropriated for the purposes of the ombudsman. 37-2-34. The ombudsman and persons employed by or acting as agents of the ombudsman shall be deemed members of the work force of the department solely for the purposes of: (1) Allowing the department to disclose confidential clinical records and protected health information to the ombudsman as provided for in Code Section 37-2-36; (2) Protecting confidential clinical records and protected health information from further disclosure through or by the ombudsman and the office of the ombudsman; and (3) Ensuring the departments compliance with the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, and the Standards for Privacy of Individually Identifiable Health Information promulgated pursuant thereto. 37-2-35. The ombudsman shall: (1) Establish priorities, policies and procedures for receiving, investigating, referring, and attempting to resolve complaints made by or on behalf of consumers concerning any act, omission to act, practice, policy, or procedure of a services provider that may adversely affect the safety, well-being, and rights of consumers and any policies and procedures necessary to implement the provisions of this article; (2) Investigate and make reports and recommendations to the department and other appropriate agencies concerning any act or failure to act by any services provider with FRIDAY, APRIL 4, 2008 4789 respect to the safety, well-being, and rights of consumers and is authorized to: (A) Prioritize investigations, reporting, and recommendations based on the seriousness and pervasiveness of the alleged act or failure to act; and (B) Refer to the services provider those complaints deemed appropriate for resolution by the services provider; (3) Establish a uniform state-wide complaint process; (4) Collect and record data relating to complaints and findings with regard to services providers and analyze such data in order to identify adverse effects upon the safety, well-being, and rights of consumers; (5) Promote the interests of consumers before governmental agencies and seek administrative and other remedies to protect the safety, well-being, and rights of consumers by: (A) Analyzing, commenting on, and monitoring the development and implementation of federal, state, and local laws, regulations, and other governmental policies and actions that pertain to the safety, well-being, and rights of consumers; and (B) Recommending any changes in such laws, regulations, policies, and actions as the ombudsman determines to be appropriate; (6) Make a biennial written report documenting the types of complaints and problems reported by consumers and others on their behalf and include recommendations concerning needed policy, regulatory, and legislative changes. The biennial report shall be submitted to the Governor, the General Assembly, the commissioner, and other appropriate agencies and organizations and made available to the public. The ombudsman shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient. The report shall not identify any consumer by name or by implication without the express written consent of the consumer, or if applicable the parent of a minor consumer, the guardian of the consumer, or the health care agent of the consumer if the agent is so authorized to make such a decision and the consumer is unable to do so; and (7) Serve as a member of the medical review group established pursuant to Code Section 37-2-45. 37-2-36. (a) The ombudsman on his or her initiative or in response to complaints made by or on behalf of consumers may conduct investigations in matters within his or her powers and duties as provided by this article. (b) The ombudsman shall have the authority to enter any facility, premises, or property where disability services are provided. Upon entering such facility, premises, or property, the ombudsman shall notify the administrator or, in the absence of the administrator, the person in charge of such facility, premises, or property before speaking to any consumer. After notifying the administrator or the person in charge of 4790 JOURNAL OF THE SENATE such facility, premises, or property, the ombudsman may communicate privately and confidentially with consumers in such facility, premises, or property individually or in groups. (c) The ombudsman shall have the authority to inspect the entire facility, premises, or property and have access to the administrative records, policies, and documents of the facility, premises, or property. Entry and investigation as provided by this Code section shall be conducted in a manner which will not significantly disrupt the provision of disability services to consumers. (d) The ombudsman shall have access to the clinical records of any consumer if: (1) The ombudsman has written consent of the consumer, or if applicable the parent of a minor consumer, the guardian of the consumer, or the health care agent of the consumer if the agent is authorized to make such a decision and the consumer is unable to do so; or (2) The consumer lacks the capacity to consent to the review and has no guardian of the consumer or health care agent who is authorized to make such a decision. (e) The ombudsman shall identify himself or herself as such to the consumer, and the consumer shall have the right to communicate or refuse to communicate with the ombudsman. (f) The consumer, the parent of a minor consumer, the consumers guardian, or the health care agent of the consumer if the health care agent is authorized to make such a decision and the consumer is unable to do so, shall have the right to participate in planning any course of action to be taken on the consumers behalf by the ombudsman, and the consumer, parent of a minor consumer, guardian, or health care agent of the consumer if the agent is so authorized, shall have the right to approve or disapprove any proposed action to be taken on the consumers behalf by the ombudsman. (g) The ombudsman shall have the authority to obtain from any department, governmental agency, or services provider, and such department, agency, or services provider shall provide cooperation and assistance, services, data, and access to, such files and records as will enable the ombudsman properly to perform his or her duties and exercise his or her powers, provided that such information is not privileged under any law. (h) The ombudsman shall report for investigative purposes any and all: (1) Suspected criminal activity to the appropriate law enforcement agency; (2) Suspected abuse, neglect, exploitation, or abandonment of a consumer by any person to the appropriate federal or state regulatory authority; and (3) Suspected violations of any professional code of conduct to the appropriate licensing board. (i) The ombudsman shall provide information and procedural guidance to any person who requests assistance in making a report of suspected abuse, neglect, exploitation, or abandonment of a consumer by any person: (1) To the appropriate law enforcement agency if criminal activity is suspected; or (2) To the appropriate federal or state regulatory authority if abuse, neglect, exploitation, or abandonment of a consumer is suspected. FRIDAY, APRIL 4, 2008 4791 37-2-37. (a) Following an investigation, the ombudsman shall report his or her opinions or recommendations to the following, as applicable: the consumer, parent of a minor consumer, guardian of the consumer, health care agent of the consumer, estate representative, services provider, and the division and shall attempt to resolve the complaint using, whenever possible, informal techniques of mediation and conciliation. With respect to a complaint against the services provider, the ombudsman shall first notify the administrator or person in charge of that services provider in writing and give such person a reasonable opportunity to correct any alleged defect. If so notified and the administrator or person in charge fails to take corrective action after a reasonable amount of time or if the defect seriously threatens the safety or well-being of any consumer, the ombudsman may refer the complaint to the division and any other appropriate agency. (b) Complaints or conditions adversely affecting consumers which cannot be resolved in the manner described in subsection (a) of this Code section shall, whenever possible, be referred by the ombudsman to the division and any other appropriate agency. 37-2-38. (a) The identity of any complainant or individual providing information on behalf of the consumer or complainant relevant to the investigation of a complaint shall be confidential and shall not be disclosed without the express written permission of such person, unless such disclosure is necessary for the department or services provider to protect the safety, well-being, or rights of a consumer; provided, however, that if the complaint becomes the subject of a judicial or administrative proceeding, the identity of such persons may be disclosed for the purpose of the proceeding. (b) The identity of any and all consumers involved in or mentioned in an investigation, whether as a complainant or otherwise, shall be confidential and shall not be disclosed without the express written consent of the consumer or a person legally authorized to consent for the consumer. 37-2-39. The ombudsman shall prepare and distribute to each services provider in the state a written notice describing the procedure to follow in making a complaint, including the address and telephone number of the office and the ombudsman. The administrator or person in charge of such services provider shall give the written notice required by this Code section to each consumer who receives disability services from such services provider and the consumers guardian, parent of a minor consumer, or health care agent, if any, upon first providing such disability services. The administrator or person in charge of such services provider shall also post such written notice in conspicuous public places in the facility, premises, or property in which disability services are provided in accordance with procedures provided by the ombudsman and shall give such notice to any consumer and his or her guardian, parent of a minor consumer, or health care agent, if any, who did not receive it upon the consumers first receiving disability services. 4792 JOURNAL OF THE SENATE 37-2-40. (a) No person shall discriminate or retaliate in any manner against any consumer, relative of a consumer, guardian or health care agent of a consumer, any employee of a services provider, or any other person for making a complaint or providing information in good faith to the ombudsman. (b) Any person violating this Code section shall be guilty of a misdemeanor. 37-2-41. The ombudsman and commissioner shall obtain federal financial participation for eligible activity by the ombudsman. The ombudsman shall maintain and transmit to the department documentation that is necessary in order to obtain federal funds which shall be applied to the budget of the ombudsman. 37-2-42. No person providing information, including but not limited to a consumers records, to the ombudsman shall be held, by reason of having provided such information, to have violated any criminal law or to be civilly liable under any law unless such information is false and the person providing such information knew or had reason to believe that it was false. 37-2-43. (a) Any person who makes a complaint or provides information relating to a complaint as authorized in this article shall incur no civil or criminal liability therefor unless such complaint or information is false and the person making such complaint or providing such information knew or had reason to believe that it was false. (b) The ombudsman and employees of the office of ombudsman shall be held harmless, including legal fees and costs, if any, in any claim, demand, or suit for damages resulting from acts or omissions committed in the discharge of his or her duties for any action taken under this article if the action was taken in good faith, was within the scope of the ombudsmans authority, and did not constitute willful or reckless misconduct. 37-2-44. Nothing in this article shall be construed to limit the power of the department to investigate complaints where otherwise authorized by law. 37-2-45. (a) The Governor shall appoint a medical review group to conduct medical reviews of all deaths of consumers in state hospitals or state operated community residential services, which shall serve at the pleasure of the Governor. The medical review group shall consist of the ombudsman and four board certified physicians, one of whom shall be a psychiatrist. Three members of the medical review group shall constitute a quorum. The ombudsman shall serve as the chairperson and shall appoint a vice FRIDAY, APRIL 4, 2008 4793 chairperson. (b) The physician members of the medical review group shall receive such compensation, if any, as may be fixed by the Governor. Such physician members shall be reimbursed for expenses incurred by them in performance of their duties such as transportation, lodging, and subsistence, at the same rate as members of the General Assembly. (c) The medical review group: (1) Shall be a review organization and shall conduct reviews of deaths of consumers in state hospitals and state operated community residential services as peer reviews pursuant to Article 6 of Chapter 7 of Title 31; (2) Shall review, within 60 days of notice of the death, all deaths of consumers: (A) Occurring on site of a state hospital or state operated community residential services providing services under this title; (B) In the company of staff of a state hospital or state operated community residential services providing services under this title; or (C) Occurring within two weeks following the consumers discharge from a state hospital or state operated community residential services; (3) Shall have access to all clinical records of the consumer, all investigations conducted by the department, state hospitals, or state operated community residential services regarding the death, and all reviews of the death, including peer reviews; (4) May interview staff of the state hospitals and state operated community residential services, and other persons involved in the events immediately preceding and involving the death; (5) Shall determine whether the death was the result of natural causes or may have resulted from other than natural causes; (6) Shall determine whether the death requires further investigation or review; (7) May make confidential recommendations to the ombudsman, the department, the division, the state hospitals, and state operated community residential services regarding consumer treatment and care, policies, and procedures, which may assist in the prevention of deaths; and (8) Shall report to the appropriate law enforcement agency any suspected criminal activity or suspected abuse and shall report any suspected violation of any professional code of conduct to the appropriate licensing board. (d) All peer review records submitted to or produced or created by the medical review group and the findings and recommendations of the medical review group, except for the quarterly reports, shall remain confidential and shall not be considered public records under Article 4 of Chapter 18 of Title 50. 37-2-46. (a) Within 24 hours after a consumer suffers death, the division, governmental agency, or services provider shall notify the ombudsman of such death; provided, however, that for a death occurring within two weeks following the consumers discharge from a state hospital or state operated community residential services, the division, governmental 4794 JOURNAL OF THE SENATE agency, or services provider shall notify the ombudsman of such death within 24 hours of knowledge of such death. (b) The medical reviews of deaths in state hospitals and state operated community residential services as provided for in Code Section 37-2-45 shall not be limited by the type of disability services received or applied for by the consumer at any time after the effective date of this part and such reviews shall be of the death of all consumers, the provisions of Code Section 37-2-47 notwithstanding. 37-2-47. Commencing with the calendar month immediately following the month in which this part becomes effective, for the purposes of this article, the office and the ombudsman shall receive, investigate, refer, and attempt to resolve complaints made by or on behalf of only those consumers with mental or emotional illness, consumers with mental or emotional illness and co-occurring developmental disability, and consumers with mental or emotional illness and co-occurring addictive disease. Part 2 37-2-50. Commencing with the calendar month immediately following the month in which this part becomes effective, for the purposes of this article, the office and ombudsman shall, in addition to those powers and duties provided by Code Section 37-2-47, receive, investigate, refer, and attempt to resolve complaints made by or on behalf of all consumers with developmental disability or addictive disease." SECTION 4. This Act shall become effective on July 1, 2008, except that: (1) Part 1 of Article 2 of Chapter 2 of Title 37 as enacted by this Act shall become effective only if funds are specifically appropriated for the purposes of said part in a General Appropriations Act making specific reference to said part and shall become effective when funds so appropriated become available for expenditure; and (2) Part 2 of Article 2 of Chapter 2 of Title 37 as enacted by this Act shall become effective only if funds are specifically appropriated for the purposes of said part in a General Appropriations Act making specific reference to said part and shall become effective when funds so appropriated become available for expenditure. SECTION 5. 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 amendment to the Senate substitute to HB 535. On the motion, a roll call was taken and the vote was as follows: FRIDAY, APRIL 4, 2008 4795 Y Adelman C Balfour Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant C Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Hooks (PRS) Y Hudgens Y Jackson E Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock E Pearson Y Powell Y Ramsey Y Reed E Rogers Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith E Staton 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 Wiles E Williams On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 535. The following bill was taken up to consider House action thereto: HB 670. By Representative Sims of the 169th: 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 wood residuals; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the commissioner 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. Senator Mullis of the 53rd asked unanimous consent that the Senate adhere to its disagreement to the House amendment to the Senate substitute to HB 670 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Stoner of the 6th, Seabaugh of the 28th and Mullis of the 53rd. 4796 JOURNAL OF THE SENATE Senator Ramsey of the 43rd was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: HB 280. By Representatives Manning of the 32nd, Johnson of the 37th, Tumlin of the 38th, Teilhet of the 40th, Mumford of the 95th 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 of marijuana flavored products to minors; to provide for a penalty; 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 280 as follows: P. 2, line 35, strike "1,000" and insert "500". Senator Stoner of the 6th moved that the Senate agree to the House amendment to the Senate substitute to HB 280. On the motion, a roll call was taken and the vote was as follows: Y Adelman C Balfour Y Brown Y Bulloch Y Butler N Carter Chance N Chapman Y Cowsert Y Davenport Y Douglas Y Fort Goggans Y Golden Y Grant C Hamrick Y Harbison Y Harp Y Hawkins N Heath Y Henson Y Hill,Jack Y Hill,Judson Hooks (PRS) Y Hudgens Y Jackson E Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock E Pearson Y Powell E Ramsey Y Reed E Rogers Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith E Staton 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 Wiles E Williams FRIDAY, APRIL 4, 2008 4797 On the motion, the yeas were 41, nays 3; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 280. The following bill was taken up to consider House action thereto: HB 1220. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Code Section 40-2-78 of the Official Code of Georgia Annotated, relating to a special license plate for firefighters, so as to provide that such license plates may be retained by the firefighters spouse upon the death of the firefighter; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 1220 by striking all matter on lines 5 through 7 of page 1 and inserting in place thereof the following: supporting the Georgia Sea Turtle Center with funds distributed through the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund; to modify certain provisions relating to the By striking from lines 18 and 19 of page 2 the following: with up to ten percent of the annual proceeds to support the Georgia Sea Turtle Center Senator Mullis of the 53rd asked unanimous consent that the Senate disagree to the House amendment to the Senate substitute to HB 1220. The consent was granted, and the Senate disagreed to the House amendment to the Senate substitute to HB 1220. Senator Mullis of the 53rd was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 113. By Senators Shafer of the 48th, Hudgens of the 47th and Moody of the 56th: A BILL to be entitled an Act to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to agents, agencies, subagents, counselors, and adjusters, so as to provide for background checks; to require appointment of an agent by an authorized insurer before licensing; to provide for forms for license applications; to provide for appointment of 4798 JOURNAL OF THE SENATE limited subagents; to prohibit agents whose licenses are inactive from selling, soliciting, or negotiating insurance; to provide for rules and regulations for certain adjusters; 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 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to agents, agencies, subagents, counselors, and adjusters, so as to provide for background checks; to provide definitions; to require appointment of an agent by an authorized insurer before licensing; to provide for forms for license applications; to provide for appointment of limited subagents; to prohibit agents whose licenses are inactive from selling, soliciting, or negotiating insurance; to provide for rules and regulations for certain adjusters; to provide for limited licenses for retail vendors of communications equipment to offer or sell insurance policies covering certain risks for communications equipment; to conform certain terms; 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 23 of Title 33 of the Official Code of Georgia Annotated, relating to agents, agencies, subagents, counselors, and adjusters, is amended by revising subsection (a) of Code Section 33-23-1, relating to definitions, by adding a new paragraph to read as follows: "(10.1) 'Limited subagent' means an individual licensed on behalf of a licensed agent pursuant to Code Section 33-23-12." SECTION 2. Said article is further amended by revising subsections (c), (d), and (e) of Code Section 33-23-4, relating to license requirements, as follows: "(c) An insurer may pay a commission or other valuable consideration to a licensed insurance agency in which all employees, stockholders, directors, or officers who sell, solicit, or negotiate insurance contracts are qualified insurance agents, limited subagents, or counselors holding currently valid licenses as required by the laws of this state; and an agent, limited subagent, or counselor may share any commission or other valuable consideration with such a licensed insurance agency. (d) No person other than a duly licensed adjuster, agent, limited subagent, or counselor shall pay or accept any commission or other valuable consideration except as provided in subsections (b) and (c) of this Code section. FRIDAY, APRIL 4, 2008 4799 (e) This Code section shall not prevent the payment or receipt of renewal or deferred commissions by any agency or a person on the grounds that the licensee has ceased to be an agent, limited subagent, or counselor nor prevent the receipt or payment of any commission by an individual who has been issued a temporary license pursuant to this chapter." SECTION 3. Said article is further amended by revising Code Section 33-23-5, relating to qualifications and requirements for license, as follows: "33-23-5. (a) For the protection of the people of this state, the Commissioner shall not issue, continue, or permit to exist any license, except in compliance with this chapter and except as provided in Code Sections 33-23-3, 33-23-4, 33-23-12, 33-23-13, 33-23-14, 33-23-16, 33-23-17, 33-23-29, 33-23-29.1, and 33-23-37. The Commissioner shall not issue a license to any individual applicant for a license who does not meet or conform to qualifications or requirements set forth in paragraphs (1) through (8) of this subsection: (1) The individual applicant must shall be a resident of this state who will shall reside and be present within this state for at least six months of every year or an individual whose principal place of business is within this state; provided, however, that in cities, towns, or trade areas, either unincorporated or comprised composed of two or more incorporated cities or towns, located partly within and partly outside the this state, requirements as to residence and principal place of business shall be deemed met if the residence or place of business is located in any part of the city, town, or trade area and if the other state in which the city, town, or trade area is located in part has established like requirements as to residence and place of business. The individual applying for an agent, adjuster, or counselor license must shall be at least 18 years of age; (2) If applying for an agents license for property and casualty insurance, the applicant must shall not use or intend to use the such license for the purpose of obtaining a rebate or commission upon controlled business; and the applicant must shall not in any calendar year effect controlled business that will aggregate as much as 25 percent of the volume of insurance effected by such applicant during such year, as measured by the comparative amounts of premiums; (3) If applying for an agents license, the applicant must have been shall be appointed an agent by an authorized insurer subject prior to issuance of the license; (4) The individual applicant must shall be of good character; (5) The individual applicant must shall pass any written examination required for the license by this article, provided that: (A) An individual who applies for an insurance agents license in this state who was previously licensed for the same lines of authority in another state shall not be required to complete any prelicensing education or examination. This exemption is shall only be available if the individual is currently licensed in that state or if the 4800 JOURNAL OF THE SENATE application is received within 90 days of the cancellation of the applicants previous license and if the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state or the states producer data base records maintained by the National Association of Insurance Commissioners, its affiliates, or subsidiaries indicate that the agent is or was licensed in good standing for the line of authority requested; and (B) An individual licensed as an insurance agent in another state who moves to this state shall make application within 90 days of establishing legal residence to become a resident licensee pursuant to Code Section 33-23-8. No prelicensing education or examination shall be required of that individual to obtain a license for any line of authority previously held in the prior state except where the Commissioner determines otherwise by rule or regulation; (6) If applying for a license as counselor, the applicant must shall show that he or she either has had five years experience 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 such applicant is exempted by the Commissioner, based on the applicants experience and qualifications and pursuant to a regulation adopted by the Commissioner; (7) If applying for an agents license, limited subagents license, or adjusters license, no applicant shall be qualified therefor or be so licensed unless he or she has successfully completed classroom courses in insurance satisfactory to the Commissioner at a school which has been approved by the Commissioner; and (8) The Commissioner shall by rule or regulation establish criteria and procedures for the scope of prelicensing requirements and exemptions, if any, to the prelicensing or examination requirements. (b) An individual who was licensed as an agent, counselor, limited subagent, surplus line broker, or adjuster at the time such individual was employed by the Commissioner and who while so employed was employed in responsible insurance duties as a fulltime bona fide employee shall be permitted to reinstate his or her license upon termination of employment if written request is made within 90 days after the date of termination of employment with the Commissioner. (c) Active licensees who apply for additional licenses and individuals who apply for the reinstatement of a license prior to six months from the license expiration date shall not be required to submit fingerprints pursuant to Code Section 33-23-5.1." SECTION 4. Said article is further amended by adding a new Code section to read as follows: "33-23-5.1. (a) As used in this Code section, the term 'conviction data' means a record of a finding or verdict of guilty or plea of guilty or nolo contendere with regard to any crime regardless of whether an appeal of the conviction has been sought. FRIDAY, APRIL 4, 2008 4801 (b) With respect to the requirements of paragraph (4) of subsection (a) of Code Section 33-23-5, the Commissioner shall be authorized to obtain conviction data with respect to an applicant as authorized in this Code section. The Commissioner shall submit to the Georgia Crime Information Center two complete sets of fingerprints of the applicant for appointment or employment, the required records search fees, and such other information as may be required. Upon receipt of such material, the Georgia Crime Information Center shall promptly forward one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and the preparation of an appropriate report concerning such records search and shall retain the other set and promptly conduct a search of its own records and all records to which the center has access. The Georgia Crime Information Center shall notify the Commissioner in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. All conviction data received by the Commissioner shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except as provided in this Code section and except to any person or agency that otherwise has a legal right to inspect the employment file. All such records shall be maintained by the Commissioner pursuant to the laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable." SECTION 5. Said article is further amended by revising Code Section 33-23-8, relating to form and contents of license application, as follows: "33-23-8. (a) An individual applicant for any license required by this chapter shall file with the Commissioner a written an application upon forms prescribed by the Commissioner. The application shall be signed and verified by the oath of the applicant. (b) If the application is for an agents or limited subagents license, the application shall state the kinds of insurance proposed to be transacted. If applying as a limited subagent, and shall be accompanied by written appointment of the applicant shall be appointed as agent or a limited subagent by an authorized insurer or a sponsoring agent subject prior to the issuance of the such license. (c) As to any application for an agents or a limited subagents license or certificate of authority, the Commissioner shall require as part of the application a certificate of the insurer or sponsoring agent proposed to be represented. The certificate shall state, relative to the applicants character, including criminal background, identity, residence, experience, and instruction as to the kinds of insurance to be transacted, that the insurer or sponsoring agent is satisfied that the applicant is trustworthy and qualified to act as its agent or limited subagent and to hold himself or herself out in good faith to the general public as an agent or a limited subagent, and the fact that the insurer or sponsoring agent desires that the applicant be licensed as an agent or a limited subagent to represent it in this state. (d) Each applicant for an agency license shall file with the Commissioner the 4802 JOURNAL OF THE SENATE information required under Code Section 33-23-3. (e) All such applications shall be accompanied by the appropriate fees in the respective amounts as provided by law." SECTION 6. Said article is further amended by revising subsections (a) and (c) of Code Section 33-2310, relating to examination of applicants, as follows: "(a) Each individual applicant for a license as agent, limited subagent, counselor, adjuster, or surplus line broker shall submit to a personal examination in writing as to his or her competence to act in such capacity. The examination shall be prepared and given by the Commissioner or a designee of the Commissioner and shall be given and graded in a fair and impartial manner and without unfair discrimination as between individuals examined. Any required examination may be supplemented by an oral examination at the discretion of the Commissioner. The Commissioner shall provide by rule or regulation for a reasonable waiting period before giving a reexamination to an applicant who failed to pass a previous similar examination." "(c) An applicant for a license to act as an agent, limited subagent, surplus line broker, counselor, or adjuster who held a valid license to act as such which lapsed while the applicant was a member of any branch of the armed forces of the United States shall be granted a new license if application is made within a period of five years from the date of the expiration of the old license and proof satisfactory to the Commissioner is furnished that: (1) The individual was a member of the armed forces of the United States at the time the previous license lapsed; and (2) The individuals service in the armed forces of the United States was not terminated more than one year prior to the date of application for a new license." SECTION 7. Said article is further amended by revising subsections (c) and (d) of Code Section 33-2312, relating to limited licenses, as follows: "(c)(1) As used in this subsection, the term: (A) 'Limited licensee' means a person or entity authorized to sell certain coverages relating to the rental of vehicles pursuant to the provisions of this subsection. (B) 'Rental agreement' means any written agreement setting forth the terms and conditions governing the use of a vehicle provided by the rental company for rental or lease. (C) 'Rental company' means any person or entity in the business of providing primarily private passenger vehicles to the public under a rental agreement for a period not to exceed 90 days. (D) 'Rental period' means the term of the rental agreement. (E) 'Renter' means any person obtaining the use of a vehicle from a rental company under the terms of a rental agreement for a period not to exceed 90 days. (F) 'Vehicle' or 'rental vehicle' means a motor vehicle of the private passenger type, FRIDAY, APRIL 4, 2008 4803 including passenger vans, minivans, and sport utility vehicles, and of the cargo type, including cargo vans, pick-up trucks, and trucks with a gross vehicle weight of less than 26,000 pounds and which do not require the operator to possess a commercial drivers license. (2) The Commissioner may issue to a rental company that has complied with the requirements of this subsection a limited license authorizing the limited licensee to offer or sell insurance through a licensed insurer in connection with the rental of vehicles. (3) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner a written an application for a limited license, signed by an officer of the applicant, in such form or forms, and supplements thereto, and containing such information, as the Commissioner may prescribe. (4) In the event that any provision of this subsection is violated by a limited licensee, the Commissioner may: (A) After notice and a hearing, revoke or suspend a limited license issued under this subsection in accordance with the provisions of Code Sections 33-23-21 and 33-2322; or (B) After notice and a hearing, impose such other penalties, including suspending the transaction of insurance at specific rental locations where violations of this subsection have occurred, as the Commissioner deems to be necessary or convenient to carry out the purposes of this subsection. (5) The rental company licensed pursuant to paragraph (2) of this subsection may only offer or sell insurance through licensed insurers only in connection with and incidental to the rental of vehicles, whether at the rental office or by preselection of coverage in an individual, master, corporate, or group rental agreement, in any of the following general categories: (A) Personal accident insurance covering the risks of travel, including, but not limited to, accident and health insurance that provides coverage, as applicable, to renters and other rental vehicle occupants for accidental death or dismemberment and reimbursement for medical expenses resulting from an accident that occurs during the rental period; (B) Liability insurance, which, at the exclusive option of the rental company, may include uninsured and underinsured motorist coverage, whether offered separately or in combination with other liability insurance, that provides coverage, as applicable, to renters and other authorized drivers of rental vehicles for liability arising from the operation of the rental vehicle; (C) Personal effects insurance that provides coverage, as applicable, to renters and other rental vehicle occupants for the loss of, or damage to, personal effects that occurs during the rental period; (D) Roadside assistance and emergency sickness protection programs; and (E) Any other travel or vehicle related coverage that a rental company offers in connection with and incidental to the rental of vehicles. (6) No insurance may shall be offered by a limited licensee pursuant to this 4804 JOURNAL OF THE SENATE subsection unless: (A) The rental period of the rental agreement does not exceed 90 consecutive days; (B) At every rental location where rental agreements are executed, brochures or other written materials are readily available to the prospective renter that: (i) Summarize clearly and correctly the material terms of coverage offered to renters, including the identity of the insurer; (ii) Disclose that such policies offered by the rental company may provide a duplication of coverage already provided by a renters personal automobile insurance policy, homeowners insurance policy, personal liability insurance policy, or other source of coverage; (iii) State that the purchase by the renter of the kinds of coverage specified in this subsection is not required in order to rent a vehicle; and (iv) Describe the process for filing a claim in the event the renter elects to purchase coverage and in the event of a claim; (C) Evidence of coverage on the face of the rental agreement is disclosed to every renter who elects to purchase such coverage. (7) Any limited license issued under this subsection shall also authorize any employee of the limited licensee to act individually on behalf, and under the supervision, of the limited licensee with respect to the kinds of coverage specified in this subsection. (8) Each rental company licensed pursuant to this subsection shall provide a training program in which employees being trained by a licensed instructor receive basic insurance instruction about the kinds of coverage specified in this subsection and offered for purchase by prospective renters of rental vehicles. Additionally, each rental company shall provide for such employees two hours of continuing education courses annually to be taught by a licensed instructor. A rental company shall certify that, prior to offering such coverages, each employee has received such instruction. (9) Notwithstanding any other provision of this subsection or any rule adopted by the Commissioner, a limited licensee pursuant to this subsection shall not be required to treat moneys collected from renters purchasing such insurance when renting vehicles as funds received in a fiduciary capacity, provided that the charges for coverage shall be itemized and be ancillary to a rental transaction. The sale of insurance not in conjunction with a rental transaction shall not be permitted. (10) No limited licensee under this subsection shall advertise, represent, or otherwise hold itself or any of its employees out as licensed insurers, insurance agents, or insurance brokers. (d)(1) As used in this subsection, the term 'communications equipment' shall mean means handsets, pagers, personal digital assistants, portable computers, automatic answering devices, cellular telephones, batteries, and other devices or their accessories used to originate or receive communications signals or service for individual customer use only and includes services related to the use of such devices, including, but not limited to, individual customer access to a wireless network. (2) The Commissioner shall may issue limited licenses to each business location of to FRIDAY, APRIL 4, 2008 4805 a retail vendor of communications equipment which covers employees and authorized representatives of such retail vendors for the sale and offer for sale of that has complied with the requirements of this subsection a limited license authorizing the limited licensee to offer or sell insurance policies covering only the loss, theft, mechanical failure, or malfunction of or damage to communications equipment. (3) The sale of such insurance policies shall be limited to sales in connection with the sale of or provision of service for communications equipment by the retail vendor. (4) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner a written an application for such limited license, signed by the applicant or an officer of the applicant, on such form or forms, and supplements thereto, and containing such information as the Commissioner may prescribe or licenses in a form and manner prescribed by the Commissioner. (5) Each retail vendor licensed pursuant to this subsection shall provide a training program in which employees and authorized representatives of the such retail vendor are shall be trained by a licensed instructor and receive basic insurance instruction about the kind of coverage authorized in this subsection and offered for purchase by prospective purchasers of communications equipment or service. (6) No prelicensing examination shall be required for issuance of such license." SECTION 8. Said article is further amended by revising subsections (a) and (d) of Code Section 33-2313, relating to temporary licenses, and by adding a new subsection (e) to read as follows: "(a) In the event of the death of an agent or limited subagent, including a temporary agent or limited subagent, or the inability to act as an agent or limited subagent by reason of service in the armed services of the United States, illness or other disability, or termination of appointment by the insurer, if there is no other individual connected with the agency who is licensed as an agent or limited subagent in regard to insurance of the classification transacted by the agent or limited subagent deceased or unable to act, the Commissioner may issue a temporary license as agent or limited subagent in regard to insurance of such classification to an employee of the agency, to a member of the family of said former agent or limited subagent, or to some associate or to a guardian, receiver, executor, or administrator for the purpose of continuing or winding up the business affairs of the agent, limited subagent, or agency. A temporary license shall be issued only to an applicant who has filed a sworn application upon forms prescribed by the Commissioner. The applicant shall not be required to meet the requirements as to examination, residence, and education required for licensing of agents or limited subagents other than temporary agents. If the Commissioner deems the applicant to be qualified for a temporary license, the Commissioner shall issue the license." "(d) A temporary license issued pursuant to subsection (a) of this Code section shall authorize the negotiation of renewal policies, the receipt and collection of premiums, and such other acts as are necessary to the continuance of the particular insurance business of the agent or limited subagent. The license shall not authorize the holder 4806 JOURNAL OF THE SENATE thereof to sell, solicit, or negotiate new insurance accounts. (e) As to any application for a temporary agents license pursuant to subsection (b) of this Code section, the Commissioner shall require as part of the application a certificate of the insurer proposed to be represented. The certificate shall state, relative to the applicants character, including criminal background, identity, residence, experience, and instruction as to the kinds of insurance to be transacted, that the insurer is satisfied that such applicant is trustworthy and qualified to act as its temporary agent and to hold himself or herself out in good faith to the general public as a temporary agent and the fact that the insurer desires that the applicant be licensed as a temporary agent to represent it in this state." SECTION 9. Said article is further amended by revising subsections (a) and (b) of Code Section 33-2318, relating to issuance of license on continuous basis, as follows: "(a) All resident agent, limited subagent, adjuster, and counselor licenses, with the exception of temporary or probationary licenses, shall be issued on a continuous basis. (b) Such resident agent, limited subagent, adjuster, and counselor licenses may be continued upon receipt by the Commissioner of evidence of such continuing education as the Commissioner may establish by rule or regulation and payment of such fees as are provided by law." SECTION 10. Said article is further amended by revising subsection (b) of Code Section 33-23-19, relating to placing of license on inactive status, as follows: "(b) When a license is placed on inactive status under this Code section, the agent shall be prohibited from selling, soliciting, or negotiating insurance has been in such status for two consecutive years without a certificate of authority having been filed with and accepted by the Commissioner, such license may be revoked without further notice or hearing." SECTION 11. Said article is further amended by revising subsections (a) and (c) of Code Section 33-2320, relating to effect of license suspension or placement of license on inactive status, as follows: "(a) The suspension of the license of an agent or limited subagent or the placing of such license on inactive status shall not deprive such individual or the executors or administrators of such individuals estate of any right that may have been acquired by a contract made before such suspension or placement on inactive status to receive all or a portion of commissions upon contracts of insurance written before such suspension or placement on inactive status with reference to the periods of time during which such contracts are in effect, including renewal option periods provided in the contracts." "(c) Nothing in this article shall be construed to permit an agent or limited subagent whose license has been suspended or placed in inactive status to sell, solicit, or FRIDAY, APRIL 4, 2008 4807 negotiate insurance other than as expressly permitted in subsections (a) and (b) of this Code section." SECTION 12. Said article is further amended by revising subsection (a) of Code Section 33-23-23, relating to limitation on application after refusal or revocation of license, as follows: "(a) No licensee or applicant whose license or application has been refused or revoked as provided by Code Sections 33-23-21 and 33-23-22 shall be entitled to file another application for a license as an agent, agency, limited subagent, surplus lines broker, counselor, or adjuster within five years from the effective date of the refusal, revocation, or, if judicial review of such refusal or revocation is sought, within five years from the date of the final court order or decree affirming such refusal or revocation." SECTION 13. Said article is further amended by revising Code Section 33-23-25, relating to place of business, as follows: "33-23-25. Every licensed agent, limited 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 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 14. Said article is further amended by revising Code Section 33-23-26, relating to agents certificate of authority, by adding a new subsection to read as follows: "(i) As to any application for an agents certificate of authority, the Commissioner shall require as part of the application a certificate of the insurer proposed to be represented. The certificate shall state, relative to the applicants character, including criminal background, identity, residence, experience, and instruction as to the kinds of insurance to be transacted, that the insurer or sponsoring agent is satisfied that such applicant is trustworthy and qualified to act as its agent in this state." SECTION 15. Said article is further amended by revising Code Section 33-23-28, relating to scope of subagents authority, as follows: "33-23-28. (a) A subagents certificate of authority shall not cover any kind of insurance for which the sponsoring agent and subagent are not licensed. (b) A subagent or limited subagent shall not have power to bind an insurer. 4808 JOURNAL OF THE SENATE (c) All business transacted by a subagent under such subagents license or limited subagent shall be in the name of the agent by whom the subagent or limited subagent is employed; and the agent shall be responsible for all the acts or omissions of the subagent or limited subagent within the scope of his or her employment. (d) A record of each transaction shall be maintained by both the agent and the subagent or limited subagent." SECTION 16. Said article is further amended by revising subsection (b) of Code Section 33-23-29, relating to authority of agent to act as adjuster, as follows: "(b) No license by this state shall be required: (1) Of a nonresident independent adjuster for the adjustment in this state of a single loss or of losses arising out of a catastrophe common to all such losses; or (2) Of a nonresident adjuster who regularly adjusts in another state and who is licensed in such other state, if such state requires a license, to act as adjuster in this state for emergency insurance adjustment work for a period not exceeding 60 days and performed for an employer who is an insurance adjuster licensed by this state or who is a regular employer of one or more insurance adjusters licensed by this state, provided that the employer shall furnish to the Commissioner a notice in writing immediately upon the beginning of the emergency insurance adjustment work. The Commissioner may by rule or regulation establish criteria and procedures for adjusters operating under this Code section." SECTION 17. Said article is further amended by revising subsections (a) and (c) of Code Section 33-2334, relating to records of transactions, as follows: "(a) Every agent, limited subagent, counselor, and adjuster under this chapter shall keep at the address as shown on his or her license or at the insurers regional or home office situated in this state a record of all transactions consummated under such license. The record shall be in organized form and shall include: (1) In the case of an agent or limited subagent, a record of each insurance contract procured or issued together with the names of the insurers and insureds, the amount of premium paid or to be paid, and a statement of the subject of the insurance; and the names of any other licensees from whom business is accepted and of persons to whom commissions or allowances of any kind are promised or paid; (2) In the case of an adjuster, a record of each investigation or adjustment undertaken or consummated and a statement of any fee, commission, or other compensation received or to be received by the adjuster on account of the investigation or adjustment; and (3) Such other and additional information as may be customary or as may be reasonably required by the Commissioner." "(c) In the case of agents or limited subagents, the maintaining of the records required by this Code section at the insurance agency licensed under this chapter for which FRIDAY, APRIL 4, 2008 4809 agency the transaction was undertaken shall be deemed to comply with the requirements of subsection (a) of this Code section." SECTION 18. Said article is further amended by revising subsection (a) of Code Section 33-23-35, relating to reporting and disposition of premiums, as follows: "(a) An agent, limited subagent, or any other representative of an insurer or of any other person in the effectuation of an insurance contract shall report to the insurer or its agent the premium for the contract and the amount shall be shown in the contract. Each willful violation of this subsection shall constitute a misdemeanor." SECTION 19. Said article is further amended by revising subsection (a) of Code Section 33-23-38, relating to placing insurance beyond scope of license or with nonlicensed insurers prohibited, as follows: "(a) No agent or limited subagent shall place any insurance or receive any remuneration in regard to any insurance of a classification outside the scope of such agents or limited subagents license, nor shall the agent or limited subagent share a commission except with an agent licensed pursuant to this article; with an agency that has as its proprietor or as a partner in the agency or as an officer or employee of the agency one or more agents licensed in regard to insurance that is within the scope of his or her agency; or with an agent or agency having a residence or situs in another state and a license from such other state for the transaction of insurance in that state." SECTION 20. Said article is further amended by revising Code Section 33-23-41, relating to liability and penalties for unauthorized acts, as follows: "33-23-41. Any person who in this state acts, purports to act, or holds himself or herself out as an agent, limited subagent, counselor, or adjuster or as an employee of an agent, limited subagent, counselor, or adjuster of or for an insurer that has not obtained from the Commissioner a certificate of authority then in effect to do business in this state as required by this title or who has not obtained a certificate of authority as required by this article and any person who in this state collects or forwards any premium or portion of the premium for or to the insurer shall pay a sum equal to the state, county, and municipal taxes and license fees required to be paid by the insurance companies legally doing business in this state. It is the Commissioners duty to report violators of this Code section to the district attorney for the county in which the violations occurred. Violators of this Code section shall also be personally liable to the same extent as the insurer upon every contract of insurance made by the insurer with reference to a risk having a situs in this state, if the violator participated in the solicitation, negotiation, or making of the contract or in any endorsement to the contract, in any modification of the contract, or in the collection or forwarding of any premium or portion of the premium 4810 JOURNAL OF THE SENATE relating to such contract. This Code section shall have no application to a contract of insurance entered into in accordance with Chapter 5 of this title." SECTION 21. 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 113. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Heath Schaefer C Balfour Y Henson C Seabaugh Y Brown Y Hill,Jack Y Seay Y Bulloch Y Hill,Judson Y Shafer,D Y Butler Hooks (PRS) Y Smith Y Carter Y Hudgens E Staton Y Chance Y Jackson Y Stoner Y Chapman E Johnson Y Tarver Y Cowsert Y Jones Y Tate Y Davenport Y Me V Bremen Y Thomas,D Y Douglas Y Moody N Thomas,R Y Fort C Mullis Y Thompson,C Goggans Y Murphy Y Thompson,S Y Golden Orrock Y Tolleson Y Grant E Pearson Y Unterman C Hamrick Y Powell Weber Y Harbison Y Ramsey Y Wiles Y Harp Y Reed Y Williams Y Hawkins E Rogers On the motion, the yeas were 42, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 113. The following bill was taken up to consider the Conference Committee Report thereto: SB 145. By Senators Smith of the 52nd, Johnson of the 1st, Williams of the 19th, Seabaugh of the 28th, Moody of the 56th and others: A BILL to be entitled an Act to amend Code Section 16-5-1 and Chapter 10 of Title 17 of the O.C.G.A., relating to murder and felony murder and sentencing and punishment, respectively, so as to provide for the imposition of life without parole of persons convicted of murder independently of a death penalty prosecution; to repeal certain provisions relating to imprisonment for life without parole and finding statutory aggravating circumstance; to provide for FRIDAY, APRIL 4, 2008 4811 certain information to be reported to the court under certain circumstances; to provide for related matters; to provide an effective date; 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 145 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 145 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Smith of the 52nd /s/ Senator Carter of the 13th /s/ Senator Cowsert of the 46th Representative Fleming of the 117th Representative Bearden of the 68th /s/ Representative Everson of the 106th COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 145 A BILL TO BE ENTITLED AN ACT To amend Code Section 16-5-1 and Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to murder and felony murder and sentencing and punishment, respectively, so as to provide for the imposition of life without parole of persons convicted of murder independently of a death penalty prosecution; to provide that the sentence of life without parole may be imposed without the necessity of the trier of fact making a recommendation of such sentence or finding statutory aggravating circumstances; to change certain provisions relating to punishment for serious violent offenders; to repeal certain provisions relating to imprisonment for life without parole and finding statutory aggravating circumstance; to provide for certain information to be reported to the court under certain circumstances; to repeal provisions relating to duties of the judge and certain jury instructions; to repeal provisions relating to sentencing of person subject to death penalty or life without parole upon a plea of guilty and the duties of the judge; 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. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subsection (d) of Code Section 16-5-1, relating to murder, as 4812 JOURNAL OF THE SENATE follows: "(d) A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life." SECTION 2. Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentencing and punishment in criminal cases, is amended by revising Code Section 17-10-2, relating to conducting presentence hearings in felony cases and the effect of reversal for error in presentence hearings, as follows: "17-10-2. (a)(1) Except in cases in which the death penalty or life without parole may be imposed, upon the return of a verdict of 'guilty' by the jury in any felony case, the judge shall dismiss the jury and shall conduct a presentence hearing at which the only issue shall be the determination of punishment to be imposed. In the hearing the judge shall hear additional evidence in extenuation, mitigation, and aggravation of punishment, including the record of any prior criminal convictions and pleas of guilty or nolo contendere of the defendant, or the absence of any prior conviction and pleas. (2) The judge shall also hear argument by the defendant or the defendants counsel and the prosecuting attorney, as provided by law, regarding the punishment to be imposed. Except in cases where the death penalty may be imposed, the prosecuting attorney shall open and conclude the argument. In cases where the death penalty may be imposed, the prosecuting attorney shall open and the defendant or the defendants counsel shall conclude the argument. (3) Upon the conclusion of the evidence and arguments, the judge shall impose the sentence or shall recess the trial for the purpose of taking the sentence to be imposed under advisement. The judge shall fix a sentence within the limits prescribed by law. (b) In cases in which the death penalty or life without parole may be imposed, the judge, when sitting without a jury, in addition to the procedure set forth in subsection (a) of this Code section, shall follow the procedures provided for in Code Sections Section 17-10-30 and 17-10-30.1. (c) In all cases tried by a jury in which the death penalty or life without parole may be imposed, upon a return of a verdict of 'guilty' by the jury, the court shall resume the trial and conduct a presentence hearing before the jury. The hearing shall be conducted in the same manner as presentence hearings conducted before the judge as provided for in subsection (a) of this Code section. Upon the conclusion of the evidence and arguments, the judge shall give the jury appropriate instructions, and the jury shall retire to determine whether any mitigating or aggravating circumstances, as defined in Code Section 17-10-30, exist and whether to recommend mercy for the defendant. Upon the findings of the jury, the judge shall fix a sentence within the limits prescribed by law. (d) If the trial court is reversed on appeal because of error only in the presentence hearing, the new trial which may be ordered shall apply only to the issue of punishment." FRIDAY, APRIL 4, 2008 4813 SECTION 3. Said chapter is further amended by revising subsection (c) of Code Section 17-10-6.1, relating to punishment for serious violent offenders, as follows: "(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 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 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) For a first conviction of a serious violent felony in which the defendant has been sentenced to imprisonment for life without parole, that person shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles or for any earned time, early release, work release, leave, or other sentencereducing measures under programs administered by the Department of Corrections. (4) Except as otherwise provided in this subsection, any 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." SECTION 4. Said chapter is further amended by repealing Code Section 17-10-30.1, relating to imprisonment for life without parole and finding of statutory aggravating circumstance required. SECTION 5. Said chapter is further amended by revising Code Section 17-10-31, relating to the requirement of a jury finding aggravating circumstance and recommendation of death penalty prior to imposition, as follows: "17-10-31. (a) Where, upon a trial by jury, a person is convicted of an offense which may be 4814 JOURNAL OF THE SENATE punishable by death, a sentence of death shall not be imposed unless the jury verdict includes a finding of at least one statutory aggravating circumstance and a recommendation that such sentence be imposed. Where a statutory aggravating circumstance is found and a recommendation of death is made, the court shall sentence the defendant to death. Where a sentence of death is not recommended by the jury, the court shall sentence the defendant to imprisonment as provided by law. Where a statutory aggravating circumstance is not found or where a statutory circumstance is found but a recommendation of death is not made, the jury shall decide whether to recommend a sentence of life imprisonment without parole or life imprisonment with the possibility of parole. Unless the jury trying the case makes a finding of at least one statutory aggravating circumstance and recommends the death sentence in its verdict, the court shall not sentence the defendant to death, provided that no such finding of statutory aggravating circumstance shall be necessary in offenses of treason or aircraft hijacking. This Code section shall not affect a sentence when the case is tried without a jury or when the judge accepts a plea of guilty. (b) During the sentencing phase before a jury, counsel for the state and the accused may present argument and the trial judge may instruct the jury: (1) That 'life without parole' means that the defendant shall be incarcerated for the remainder of his or her natural life and shall not be eligible for parole unless such person is subsequently adjudicated to be innocent of the offense for which he or she was sentenced; and (2) That 'life imprisonment' means that the defendant will be incarcerated for the remainder of his or her natural life but will be eligible for parole during the term of such sentence. (c) If the jury is unable to reach a unanimous verdict as to sentence, the judge shall dismiss the jury and shall impose a sentence of either life imprisonment or imprisonment for life without parole." SECTION 6. Said chapter is further amended by repealing Code Section 17-10-31.1, relating to the requirement of a jury finding of aggravating circumstance and recommendation of sentence of death or life without parole, duties of the judge, and jury instruction on meaning of "life without parole" and "life imprisonment." SECTION 7. Said chapter is further amended by repealing Code Section 17-10-32.1, relating to sentencing of person subject to death penalty or life without parole upon a plea of guilty and the duties of the judge. SECTION 8. Except as provided in this section, the provisions of this Act shall apply only to those offenses committed after July 1, 2008. With express written consent of the state, a defendant whose offense was committed prior to July 1, 2008, may elect in writing to be FRIDAY, APRIL 4, 2008 4815 sentenced under the provisions of this Act, provided that: (1) jeopardy for the offense charged has not attached or (2) the defendant has been sentenced to death but the conviction or sentence has been reversed on appeal and the state is not barred from seeking prosecution after the remand. SECTION 9. Except as provided in Section 8 of this Act, the amendment or repeal of a Code section by this Act shall not affect any sentence imposed by any court of this state prior to July 1, 2008. SECTION 10. A person may be sentenced to life without parole without the prosecutor seeking the death penalty under the laws of this state. SECTION 11. (a) This Act shall become effective on July 1, 2008, and shall apply to all crimes committed on and after such date and except as provided in Section 8 of this Act, the law set forth in Section 2, and Sections 3 through 7 of this Act as it existed on June 30, 2008, shall apply to all offenses committed on and before June 30, 2008. (b) 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 12. All laws and parts of laws in conflict with this Act are repealed. Senator Smith of the 52nd moved that the Senate adopt the Conference Committee Report on SB 145. 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Douglas Y Fort Y Heath Y Henson Y Hill,Jack Y Hill,Judson Hooks (PRS) Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody C Mullis Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C 4816 JOURNAL OF THE SENATE Y Goggans Y Golden Y Grant C Hamrick Y Harbison Y Harp Y Hawkins Y Murphy Y Orrock E Pearson Y Powell Y Ramsey Reed E Rogers Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 145. The following bill was taken up to consider House action thereto: HB 544. By Representatives Hembree of the 67th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 33-50-2 of the Official Code of Georgia Annotated, relating to a required license for any multiple employer self-insured health plan to transact business in this state and health plans of municipalities, counties, or other political subdivisions, so as to provide that any plan or arrangement established or maintained by two or more accredited independent nonproprietary institutions of higher education located in this state is not subject to the requirements relating to multiple employer self-insured health plans; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate Insurance and Labor Committee substitute to HB 544 (LC 28 4252S) by striking lines 1 through 10 on page 1 and inserting in lieu thereof the following: To amend Code Section 33-50-2 of the Official Code of Georgia Annotated, relating to a required license for any multiple employer self-insured health plan to transact business in this state and health plans of municipalities, counties, or other political subdivisions, so as to provide that any plan or arrangement established or maintained by two or more accredited independent nonproprietary institutions of higher education located in this state is not subject to the requirements relating to multiple employer self-insured health plans; to provide for related matters; to repeal conflicting laws; and for other purposes. By striking lines 13 through 16 on page 1 and inserting in lieu thereof the following: Code Section 33-50-2 of the Official Code of Georgia Annotated, relating to a required license for any multiple employer self-insured health plan to transact business in this state and health plans of municipalities, counties, or other political subdivisions, is amended FRIDAY, APRIL 4, 2008 4817 by revising subsection (b) as follows: By striking lines 19 through 34 on page 2 and lines 1 through 3 on page 3. Senator Hill of the 32nd asked unanimous consent that the Senate disagree to the House amendment to the Senate substitute to HB 544. The consent was granted, and the Senate disagreed to the House amendment to the Senate substitute to HB 544. The following bill was taken up to consider House action thereto: HB 1168. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-13-51 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, collection, and expenditure of proceeds of such tax; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Williams of the 19th asked unanimous consent that the Senate adhere to its substitute to HB 1168 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, Pearson of the 51st and Hawkins of the 49th. The following resolutions were read and adopted: SR 1335. By Senator Cowsert of the 46th: A RESOLUTION urging the State of Georgia to continue its efforts to establish the National Bio and AgroDefense Facility in Georgia; and for other purposes. SR 1336. By Senator Shafer of the 48th: A RESOLUTION commending Roddy Sturdivant; and for other purposes. SR 1337. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION commending Jand Pierce on her outstanding academic, artistic, and athletic accomplishments; and for other purposes. 4818 JOURNAL OF THE SENATE SR 1338. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION commending First Afrikan Presbyterian Church on the occasion of its 15th anniversary; and for other purposes. SR 1339. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION commending Miller's Chapel Baptist Church on the occasion of its 107th anniversary; and for other purposes. SR 1340. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION commending Stronghold Christian Church on the occasion of its 15th anniversary; and for other purposes. SR 1341. By Senators Heath of the 31st and Hill of the 32nd: A RESOLUTION commending Mr. Ke Cheng; and for other purposes. SR 1342. By Senator Shafer of the 48th: A RESOLUTION expressing regret at the passing of Dee Plymel Sports; and for other purposes. SR 1343. By Senator Cowsert of the 46th: A RESOLUTION recognizing and commending Mr. Randy J. Powers; and for other purposes. SR 1344. By Senators Mullis of the 53rd, Thomas of the 54th and Smith of the 52nd: A RESOLUTION commending Commissioner Bebe Heiskell; and for other purposes. SR 1345. By Senators Cowsert of the 46th and Hudgens of the 47th: A RESOLUTION recognizing the proposal for the National Bio and AgroDefense Facility; and for other purposes. SR 1346. By Senators Davenport of the 44th, Fort of the 39th, Seay of the 34th, Reed of the 35th, Tate of the 38th and others: A RESOLUTION honoring the life of Reverend E. Randel. T. Osburn; and for FRIDAY, APRIL 4, 2008 4819 other purposes. SR 1347. By Senator Mullis of the 53rd: A RESOLUTION commending Joe Leonard and AirTran Airways; and for other purposes. SR 1348. By Senator Shafer of the 48th: A RESOLUTION celebrating the birth of Samuel Beam Kellett III; and for other purposes. SR 1349. By Senator Shafer of the 48th: A RESOLUTION celebrating the birth of Max Leonard Rodbell; and for other purposes. The President resumed the Chair. Senator Stoner of the 6th was excused for business outside the Senate Chamber. Senator Thomas of the 54th asked unanimous consent that HB 1321, having been placed on the Table on Wednesday, April 2, 2008, be taken from the Table. The consent was granted, and HB 1321 was taken from the Table. Pursuant to Senate Rule 4-2.10(a), HB 1321, having been taken from the Table, was put upon its passage. HB 1321. By Representatives Shaw of the 176th, Sims of the 151st, Johnson of the 75th and Jordan of the 77th: A BILL to be entitled an Act to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, so as to provide that falsifying reports regarding instances of alleged inappropriate behavior by a teacher or other school personnel is addressed in the student code of conduct; to establish a state mandated process for students to follow in reporting instances of alleged inappropriate behavior by a teacher or other school personnel; to provide for notice of such process in student and teacher handbooks; to provide for statements to local media outlets which reported on instances of alleged inappropriate behaviors; to provide for penalties for students who provide false reports of alleged inappropriate behavior by a teacher or other school 4820 JOURNAL OF THE SENATE personnel; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Thomas of the 54th. The Senate Education and Youth Committee offered the following substitute to HB 1321: A BILL TO BE ENTITLED AN ACT To amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, so as to provide that falsifying reports regarding instances of alleged inappropriate behavior by a teacher or other school personnel is addressed in the student code of conduct; to establish a state mandated process for students to follow in reporting instances of alleged inappropriate behavior by a teacher or other school personnel; to provide for notice of such process in student and teacher handbooks; to provide for statements to local media outlets which reported on instances of alleged inappropriate behaviors; to provide for a training program on sexual misconduct for educators; to provide for investigations by Professional Standards Commission staff of a complaint by a student against an educator alleging a sexual offense without commission notification; to provide for statutory 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. Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, is amended by revising subsection (a) of Code Section 20-2-751.5, relating to student codes of conduct, as follows: "(a) Each student code of conduct shall contain provisions that address the following conduct of students during school hours, at school related functions, and on the school bus, in a manner that is appropriate to the age of the student: (1) Verbal assault, including threatened violence, of teachers, administrators, and other school personnel; (2) Physical assault or battery of teachers, administrators, and other school personnel; (3) Disrespectful conduct toward teachers, administrators, and other school personnel, including use of vulgar or profane language; (4) Verbal assault of other students, including threatened violence or sexual harassment as defined pursuant to Title IX of the Education Amendments of 1972; (5) Physical assault or battery of other students, including sexual harassment as defined pursuant to Title IX of the Education Amendments of 1972; (6) Disrespectful conduct toward other students, including use of vulgar or profane FRIDAY, APRIL 4, 2008 4821 language; (7) Verbal assault of, physical assault or battery of, and disrespectful conduct, including use of vulgar or profane language, toward persons attending school related functions; (8) Failure to comply with compulsory attendance as required under Code Section 20-2-690.1; (9) Willful or malicious damage to real or personal property of the school or to personal property of any person legitimately at the school; (10) Inciting, advising, or counseling of others to engage in prohibited acts; (11) Marking, defacing, or destroying school property; (12) Possession of a weapon, as provided for in Code Section 16-11-127.1; (13) Unlawful use or possession of illegal drugs or alcohol; (14) Willful and persistent violation of the student code of conduct; (15) Bullying as defined by Code Section 20-2-751.4; and (16) Marking, defacing, or destroying the property of another student; and (17) Falsifying, misrepresenting, omitting, or erroneously reporting information regarding instances of alleged inappropriate behavior by a teacher, administrator, or other school employee toward a student. With regard to paragraphs (9), and (11), and (17) of this subsection, each student code of conduct shall also contain provisions that address conduct of students during offschool hours." SECTION 2. Said part is further amended by adding a new Code section to read as follows: "20-2-751.7. (a) The Professional Standards Commission shall establish a state mandated process for students to follow in reporting instances of alleged inappropriate behavior by a teacher, administrator, or other school employee toward a student which shall not prohibit the ability of a student to report the incident to law enforcement authorities. Each local school system shall be required to implement and follow such state mandated process and shall include the mandated process in student handbooks and in employee handbooks or policies. (b) If it is determined through the state mandated process established pursuant to subsection (a) of this Code section that a complaint against a teacher, administrator, or other school employee is unsubstantiated and without merit, the local school system shall, at the request of the aggrieved party, submit a written statement to that effect to all local print and television media outlets that published any articles or reported any news relating to such complaint against the teacher, administrator, or employee. (c) The Professional Standards Commission shall coordinate a training program on educator sexual misconduct. Such program shall be delivered by trained staff from the Professional Standards Commission, regional educational service agencies, and local school systems. The superintendent of each local school system shall ensure that all certified staff in its school system receive such training. 4822 JOURNAL OF THE SENATE (d)(1) The staff of the Professional Standards Commission shall be authorized, without notification to the Professional Standards Commission, to immediately open an investigation submitted to the commission by a local school superintendent, with approval of the local board of education, of a complaint by a student against an educator alleging a sexual offense, as provided for in Code Sections 16-6-1 through 16-6-17, 16-6-20, 16-6-22.2, or 16-12-100. (2) The Professional Standards Commission shall have on staff a minimum of one investigator specifically trained in investigating educator sexual misconduct. The investigation of any complaint of sexual misconduct shall be completed in no more than 60 days and shall be presented at the commission meeting immediately following the conclusion of the investigation. (3) If the Professional Standards Commissions review of the investigative report results in a sanction against the educator, the educator shall have the right to appeal the commission decision to a hearing before an administrative law judge within 90 days of such sanction. (e) Nothing in this Code section shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, 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 C Balfour Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody C Mullis Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C FRIDAY, APRIL 4, 2008 4823 Y Goggans Y Golden Y Grant C Hamrick Y Harbison Y Harp Y Hawkins Y Murphy Orrock E Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 47, nays 0. HB 1321, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider the Conference Committee Report thereto: SB 300. By Senators Rogers of the 21st and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, so as to provide for the creation of and maintenance by the department of a website which provides public access to certain state expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Audits and Accounts and the Department of Revenue; to provide for related matters; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on SB 300 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 300 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Rogers of the 21st /s/ Senator Heath of the 31st /s/ Senator Pearson of the 51st /s/ Representative Forster of the 3rd /s/ Representative Martin of the 47th /s/ Representative Chambers of the 81st COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 300 A BILL TO BE ENTITLED AN ACT 4824 JOURNAL OF THE SENATE To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for audits and the examination of books and records; to provide for the creation and maintenance of a website which provides public access to certain state expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Audits and Accounts and the Department of Revenue; 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 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising Code Section 50-6-4, relating to special examinations, audits, and vulnerability assessments, as follows: "50-6-4. Either the The Governor, the Appropriations Committee of the House of Representatives, or the Appropriations Committee of the Senate shall have the right and authority to direct and require the state auditor to make a special examination into and audit of all the books, records, accounts, vouchers, warrants, bills, and other papers, records, financial transactions, and management of any department, institution, agency, commission, bureau, authority, or office of the state at any time. The state auditor may conduct special examinations and audits which are, without limitation, financial audits (including financial related audits and financial statement audits), compliance audits, performance audits, and vulnerability assessments or reviews. Without limitation, vulnerability assessments or reviews may be made with respect to any electronic financial information systems; other information, management, or operational systems; computers; computer operating and applications software; computing networks; Internet websites; and data processing centers. Tests conducted in connection with such reviews and assessments may include, but are not limited to, penetration testing and network, web, and data base scanning." SECTION 2. Said title is further amended by revising Code Section 50-6-7, relating to state officials to produce books, records, and other papers to the state auditor for examination, as follows: "50-6-7. All officers, agents, employees, departments, institutions, commissions, authorities, and bureaus of the state shall produce and turn over to the state auditor or his or her assistants for examination and audit, whenever demanded by the state auditor, all of their books, records, accounts, vouchers, warrants, bills, and other papers dealing with or reflecting upon the financial transactions and management of such department, institution, agency, commission, authority, bureau, or officer office, including any and all cash on hand, but not including cash in banks, the amount of cash in banks to be ascertained by certificate furnished to the state auditor by the bank." FRIDAY, APRIL 4, 2008 4825 SECTION 3. Said title is further amended by revising Code Section 50-6-24, relating to duties and powers of the state auditor, as follows: "50-6-24. The duties and powers of the state auditor shall be as follows: (1) Reserved; (2) To examine thoroughly all financial transactions of all the state departments, institutions, agencies, commissions, bureaus, authorities, and officers and to keep such accounting records as are necessary to provide and maintain a current check upon the fiscal affairs and transactions of all state departments, institutions, agencies, etc.; (3) To examine and audit thoroughly, at least once a year and more frequently if possible, each and all of the books, records, accounts, vouchers, warrants, bills, and all other papers and records of each and every department, institution, agency, commission, bureau, authority, and officer of the state which or who receives funds from the state or which is maintained in whole or in part by public funds, fees, or commissions. Upon the completion of each audit the state auditor shall prepare a complete report of the same in triplicate, one copy of which he shall file be filed with the official in charge of the department, institution, etc., so examined, one copy of which he shall transmit be transmitted to the Governor, and the third copy of which shall be filed in the office of the state auditor as a permanent record and for the use of the press of the state. In any such report, the state auditor shall call special attention to any illegal, improper, or unnecessary expenditures; all failures to keep records and vouchers required by the law; and all inaccuracies, irregularities, and shortages and shall make specific recommendations for the future avoidance of the same; (4) To prepare annual and, whenever required, special reports to the Governor and the General Assembly showing the general financial operation and management of each state department, institution, agency, commission, authority, and bureau; showing whether or not the same is being handled in an efficient and economical manner; and calling special attention to any excessive cost of operation or maintenance, any excessive expense, and any excessive price paid for goods, supplies, or labor by any such department, institution, agency, etc.; and (5) To make special examination into and report of the place and manner in which the funds of the state are kept by the several departments, institutions, agencies, commissions, bureaus, authorities, and officers after the same have been drawn from the state treasury or after the same have been collected and to report who has possession of the same or where the same are deposited, whether the same draw interest, the rate of interest, and whether the same are properly protected by bond, provided that this chapter shall not be construed so as to authorize the state auditor to remove or in any way interfere with any funds so deposited." SECTION 4. Said title is further amended by revising Code Section 50-6-25, relating to maintenance 4826 JOURNAL OF THE SENATE of statistics on architectural and engineering firms doing business with the state and ineligibility of firms, as follows: "50-6-25. (a)(1) The state auditor shall maintain statistics on all architectural and engineering firms doing business with the various departments, agencies, authorities, and public corporations of the state, except the Department of Transportation which shall be governed by paragraph (2) of this subsection. The statistics shall show the percentage of the total state business done by each such firm and shall be made available to the General Assembly and all departments, agencies, authorities, and public corporations of the state using architectural and engineering services. The state auditor shall compile the statistics and shall maintain the statistics current on a monthly basis. (2) The state auditor shall include in the statistics provided for in paragraph (1) of this subsection all architectural and engineering firms doing business with the Department of Transportation. The Department of Transportation shall report its architectural and engineering contracts to the state auditor in two divisions. In the first division, such department shall report those contracts which are under a gross value of $1 million at the time of execution by the total contract amount without accounting for any subcontracts. In the second division, such department shall report those contracts with a gross value in excess of $1 million at the time of execution and shall report all subcontracts thereunder which are in excess of $25,000.00 as further provided for in this Code section. The statistics shall show the total percentage of state business done by each such firm and shall be made available to the General Assembly and the Department of Transportation. The state auditor shall compile the statistics and shall maintain the statistics current on a monthly basis. With respect to any contract of the Department of Transportation in excess of $1 million with an architectural or engineering firm which awards a portion of the business in an amount in excess of $25,000.00 under such contract to one or more subcontractors or joint-venture partners, such department shall report to the state auditor the amount of each subcontractor or joint-venture partner with that portion of the business awarded to such subcontractor or joint-venture partner, and such amounts shall not be listed or included as business of the Department of Transportation awarded to the architectural or engineering firm receiving the state contract. The architectural or engineering firm shall report to the Department of Transportation, as part of its preaward audit conducted by such department, the amount of business in excess of $25,000.00 under an anticipated contract which the contractor intends to award to any subcontractor or joint-venture partner, and, after verification that the information reported is correct, the Department of Transportation shall furnish such information to the state auditor. The state auditor shall revise the statistics with respect to architectural and engineering firms currently doing business with the Department of Transportation with respect to contracts outstanding on April 19, 1995, under which all services have not been performed by such architectural and engineering firms in satisfaction of the contract. Such revised statistics shall be computed in accordance with the provisions FRIDAY, APRIL 4, 2008 4827 of this subsection crediting subcontractors and joint-venture partners with business awarded to them and providing that such amounts credited shall not be listed or included as business of the state awarded to the architectural or engineering firm receiving the state contract. Such revised statistics shall be provided by the contractor within 60 days of April 19, 1995, and, after such time, the state auditor shall not be required to revise such statistics. (b) Any architectural or engineering firm which has received more than 10 percent of the total awarded for such services by the departments, agencies, authorities, and public corporations of the state during any period of 36 months, as calculated pursuant to the provisions of subsection (a) of this Code section and shown by the statistics of the state auditor, shall be ineligible to contract with any department, agency, authority, or public corporation of the state until the firm, during any period of 36 months, has been awarded less than 10 percent of the total awarded for such services; provided, however, that any architectural or engineering firm may contract with the Department of Transportation for not more than 30 percent of the total awarded for such services, 10 percent for transportation purposes, and 20 percent for tollway purposes." SECTION 5. Said title is further amended by revising Code Section 50-6-27, relating to annual personnel report, copies for the General Assembly, and public inspection, as follows: "50-6-27. The state auditor shall prepare each year a report showing the entire personnel of every office, institution, board, department, and commission in the executive department of the state government, of every state authority, of every university or college in the University System of Georgia, and of every local board of education. The report shall list the name, title or functional area, salary, and travel expense incurred by each such individual, which information shall be allocated to the respective office, institution, board, department, commission, authority, university, college, or local board of education affected. The report shall be kept in the state auditors office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request and posted online in a searchable data base. Each office, institution, board, department, commission, authority, university, college, and local board of education is required and directed to submit to the state auditor, in a format prescribed by the state auditor, a listing of all personnel of such office, institution, board, department, commission, authority, university, college, or local board of education showing name, title or functional area, salary, and travel expense for each individual. The state auditor shall furnish each member of the General Assembly a card or form so that a copy of such report may be requested by any member who desires one." SECTION 6. Said title is further amended by revising Code Section 50-6-30, relating to conducting hearings and assistance of the Attorney General, as follows: 4828 JOURNAL OF THE SENATE "50-6-30. A hearing as provided in Code Section 50-6-29 shall be held in the county where the department or institution being investigated is located and shall may be presided over by the state auditor. The state auditor shall, at any time when he or she deems necessary, request of the Governor, Lieutenant Governor, or Speaker of the House of Representatives legal assistance in conducting the investigation. Upon such request, the Governor shall designate the Attorney General, his or her assistants, or any special assistant attorney general for the purpose of assisting the state auditor in the prosecution of the investigation." SECTION 7. Said title is further amended by adding a new Code section to read as follows: "50-6-32. (a) This Code section shall be known and may be cited as the 'Transparency in Government Act.' (b) As used in this Code section, the term: (1) 'Agency' means each department, commission, authority, and agency of the executive branch of government and the Board of Regents of the University System of Georgia. (2) 'Searchable website' means a website that allows the public to review and analyze information identified in subsection (c) of this Code section. (c) No later than January 1, 2009, the department shall develop and operate a single searchable website accessible by the public, at no cost, that provides the following information pertaining to state fiscal year 2008: (1) The State of Georgia Comprehensive Annual Financial Report that includes an indexed statement of operations and a statement of financial condition of the state in accordance with governmental generally acceptable accounting principles; (2) The annual Budgetary Compliance Report for the state that provides, by agency, an indexed report comparing budgeted and actual revenues and expenditures by budgetary units for each organization included in the Appropriations Act, as amended. Such report shall include, at a minimum, a statement of the taxes and other revenues remitted to the state treasury and operating revenues retained by the agency during the immediately preceding fiscal year as well as a statement of total expenditures made by the agency during the immediately preceding fiscal year; (3) The annual State of Georgia Single Audit Report that provides, by federal grant, an indexed listing of all expenditures of federal funds and also discloses by state organization any audit findings and corrective actions to be taken; (4) Salaries and expenses of full-time and part-time employees and board members; (5) A list of consultant expenses and other professional services expenses; (6) State Budget in Brief, indexed by reporting agency; and (7) All performance audits conducted by the department for the preceding five years. As soon as is practical after the close of each fiscal year, the department shall update the single searchable website for such fiscal year to include the information set forth in FRIDAY, APRIL 4, 2008 4829 this subsection. (d) No later than January 1, 2010, the department shall develop and add to the searchable website a report of certain grant and contract payments made or due to vendors by agencies reporting through the states general financial accounting and information system and all payments made through economic and incentive programs operated by the Department of Economic Development, the Department of Labor, the Department of Community Affairs, the Department of Agriculture, and the Georgia Lottery Corporation pertaining to state fiscal year 2009. Such report shall include, at a minimum: (1) A list of all obligations entered into by the agency during the immediately preceding fiscal year which call for the agency to expend at any time in the aggregate more than $50,000.00; and (2) A list of the names of each person, firm, or corporation that has received from the agency during the immediately preceding fiscal year payments in excess of $20,000.00 in the aggregate, including the amount paid to such person, firm, or corporation during such period. As soon as is practical after the close of each fiscal year, the department shall update the single searchable website for such fiscal year to include the information set forth in this subsection. (e) All agencies of state government shall provide to the Department of Audits and Accounts such information as is necessary to accomplish the purposes of this Code section. (f) Nothing in this Code section shall require the disclosure of information which is considered confidential by state or federal law." SECTION 8. 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 300. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D 4830 JOURNAL OF THE SENATE Y Douglas Y Fort Y Goggans Y Golden Y Grant C Hamrick Harbison Y Harp Y Hawkins Moody C Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 300. Senator Bulloch of the 11th was excused for business outside the Senate Chamber. The following bill was taken up to consider the Conference Committee Report thereto: HB 1246. By Representatives Peake of the 137th, Royal of the 171st and Parrish of the 156th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding state income taxes, so as to change certain provisions regarding income tax credits for certain business enterprises by including broadcasting; to change certain provisions regarding income tax credits for business enterprises in less developed areas by including broadcasting; to change certain provisions regarding income tax credits for qualified research expenses by including broadcasting; to change certain provisions regarding alternative tax credits for base year port traffic increases by including broadcasting; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on HB 1246 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1246 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: FRIDAY, APRIL 4, 2008 4831 /s/ Senator Rogers of the 21st /s/ Senator Harp of the 29th /s/ Senator Chance of the 16th /s/ Representative Peake of the 137th /s/ Representative Knox of the 24th /s/ Representative Hamilton of the 23rd COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1246 A BILL TO BE ENTITLED AN ACT To amend Title 48 and 33 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and insurance, so as to revise and change certain provisions regarding state taxation; to change certain provisions regarding income tax credits for certain business enterprises by including broadcasting; to change certain provisions regarding income tax credits for business enterprises in less developed areas by including broadcasting; to change certain provisions regarding income tax credits for qualified research expenses by including broadcasting; to change certain provisions regarding alternative tax credits for base year port traffic increases by including broadcasting; to change certain provisions regarding income tax credits for existing business enterprises undergoing qualified business expansion by including broadcasting; to change certain provisions regarding income tax credits to business enterprises for leased motor vehicles by including broadcasting; to provide for state insurance premium tax credits for insurance companies located in certain counties designated as less developed areas; to provide for procedures, conditions, and limitations; to provide for assignment, carryover, and liability regarding such credits; to provide for powers, duties, and authority of the commissioner of community affairs and the Commissioner of Insurance; 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. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising subsection (a) and paragraph (2) of subsection (e) of Code Section 48-7-40, relating to income tax credits for certain business enterprises, as follows: "(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. 4832 JOURNAL OF THE SENATE (1)(2) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, and research and development industries. Such term shall not include retail businesses. (2)(3) 'Existing business enterprise' means any business or the headquarters of any such business which has operated for the immediately preceding three years a facility in this state which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, or research and development industries. Such term shall not include retail businesses." "(2) Existing business enterprises as defined under paragraph (2) of subsection (a) of this Code section shall be allowed an additional tax credit for taxes imposed under this article equal to $500.00 per eligible new full-time employee job for one year after the creation of such job. The additional credit shall be claimed in year two after the creation of such job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. In tier 1 counties, those existing business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties, only those existing business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those existing business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those existing business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. This paragraph shall apply only to new eligible full-time jobs created in taxable years beginning on or after January 1, 2006, and ending no later than taxable years beginning prior to January 1, 2011." SECTION 2. Said title is further amended by revising subsection (a) of Code Section 48-7-40.1, FRIDAY, APRIL 4, 2008 4833 relating to tax credits for business enterprises in less developed areas, as follows: "(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2) 'Business 'business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, and research and development industries. Such term shall not include retail businesses." SECTION 3. Said title is further amended by revising subsection (a) of Code Section 48-7-40.12, relating to tax credits for qualified research expenses, as follows: "(a) As used in this Code section, the term: (1) 'Base amount' means the product of a business enterprises Georgia taxable net income in the current taxable year and the average of the ratios of its aggregate qualified research expenses to Georgia taxable net income for the preceding three taxable years or 0.300, whichever is less. (2) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2)(3) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, and research and development industries. Such term shall not include retail businesses. (3)(4) 'Qualified research expenses' means qualified research expenses for any business enterprise as that term is defined in Section 41 of the Internal Revenue Code of 1986, as amended, except that all wages paid and all purchases of services and supplies must be for research conducted within the State of Georgia." SECTION 4. Said title is further amended by revising subsection (a) of Code Section 48-7-40.15, relating to alternative tax credits for base year port traffic increases, as follows: 4834 JOURNAL OF THE SENATE "(a) As used in this Code section, the term: (1) 'Base year port traffic' means the total amount of net tons, containers, or twentyfoot equivalent units (TEUs), of product actually transported by way of a waterborne ship or vehicle through a port facility during the period from January 1, 1997, through December 31, 1997; provided, however, that in the event the total amount actually transported during such period was not at least 75 net tons, five containers, or ten twenty-foot equivalent units (TEUs), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEUs). (2) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2)(3) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, and research and development industries but shall not include retail businesses. (3)(4) 'Port facility' means any privately owned or publicly owned facility located within this state through which product is transported by way of a waterborne ship or vehicle to or from destinations outside this state. (4)(5) 'Port traffic' means the total amount of net tons, containers, or twenty-foot equivalent units (TEUs) of product transported by way of a waterborne ship or vehicle through a port facility. (5)(6) 'Product' means a marketable product or component of a product which has an economic value to the wholesale or retail consumer and is ready to be used without further alteration of its form or a product or material which is marketed as a prepared material or is a component in the manufacturing and assembly of other finished products. (6)(7) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing or telecommunications facility to be located in this state or in the expansion of an existing manufacturing or telecommunications facility located in this state, including, but not limited to, moneys expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing or telecommunications facility. The department shall promulgate rules defining eligible manufacturing facilities, telecommunications facilities, and qualified investment property pursuant to this Code section." SECTION 5. Said title is further amended by revising subsection (a) of Code Section 48-7-40.21, FRIDAY, APRIL 4, 2008 4835 relating to tax credits for existing business enterprises undergoing qualified business expansion, as follows: "(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (1)(2) 'Existing business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, or research and development industries that has been in operation in this state for at least five years. Such term shall not include retail businesses. (2)(3) 'Qualified business expansion' means the creation of at least 500 new full-time jobs within a taxable year." SECTION 6. Said title is further amended by revising subsection (a) of Code Section 48-7-40.22, relating to income tax credits to business enterprises for leased motor vehicles, as follows: "(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (1)(2) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, research and development industries, child care businesses, or retail businesses. (2)(3) 'Headquarters' means the principal central administrative office of a taxpayer. (3)(4) 'Tier' means a tier as designated pursuant to Code Section 48-7-40, as amended." SECTION 7. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Code section to read as follows: 4836 JOURNAL OF THE SENATE "33-8-4.1. (a) As used in this Code section, the term: (1) 'Business enterprise' means any insurance company or the headquarters of any insurance company required to pay the tax under Code Section 33-8-4. (2) 'Existing business enterprise' means any insurance company or the headquarters of any insurance company required to pay the tax under Code Section 33-8-4 which has operated for the immediately preceding three years a facility in this state. (b)(1) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Commerce, the commissioner of community affairs shall rank and designate as less developed areas all 159 counties in this state using a combination of the following equally weighted factors: (A) Highest unemployment rate for the most recent 36 month period; (B) Lowest per capita income for the most recent 36 month period; and (C) Highest percentage of residents whose incomes are below the poverty level according to the most recent data available. (2) Counties ranked and designated as the first through seventy-first least developed counties shall be classified as tier 1, counties ranked and designated as the seventysecond through one hundred sixth least developed counties shall be classified as tier 2, counties ranked and designated as the one hundred seventh through one hundred forty-first least developed counties shall be classified as tier 3, and counties ranked and designated as the one hundred forty-second through one hundred fifty-ninth least developed counties shall be classified as tier 4. (c) The commissioner of community affairs shall be authorized to include in the tier 2 designation provided for in subsection (b) of this Code section any tier 3 county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county. No designation made pursuant to this subsection shall operate to displace or remove any other county previously designated as a tier 2 county. (d) The commissioner of community affairs shall be authorized to include in the tier 1 designation provided for in subsection (b) of this Code section any tier 2 county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county. No designation made pursuant to this subsection shall operate to displace or remove any other county previously designated as a tier 1 county. (e) For business enterprises which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular county is reclassified in a different tier. (f)(1) Business enterprises in counties designated by the commissioner of community affairs as tier 1 counties shall be allowed a job tax credit for taxes imposed under FRIDAY, APRIL 4, 2008 4837 Code Section 33-8-4 equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with years two through six after the creation of such job. Business enterprises in counties designated by the commissioner of community affairs as tier 2 counties shall be allowed a job tax credit for taxes imposed under Code Section 33-8-4 equal to $2,500.00 annually, business enterprises in counties designated by the commissioner of community affairs as tier 3 counties shall be allowed a job tax credit for taxes imposed under Code Section 33-8-4 equal to $1,250.00 annually, and business enterprises in counties designated by the commissioner of community affairs as tier 4 counties shall be allowed a job tax credit for taxes imposed under Code Section 33-8-4 equal to $750.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the calendar year with the corresponding period of the prior calendar year. In tier 1 counties, those business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties, only those business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The Commissioner of Insurance shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. (2) Existing business enterprises as defined under paragraph (2) of subsection (a) of this Code section shall be allowed an additional tax credit for taxes imposed under Code Section 33-8-4 equal to $500.00 per eligible new full-time employee job for one year after the creation of such job. The additional credit shall be claimed in year two after the creation of such job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the calendar year with the corresponding period of the prior calendar year. In tier 1 counties, those existing business enterprises that increase 4838 JOURNAL OF THE SENATE employment by five or more shall be eligible for the credit. In tier 2 counties, only those existing business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those existing business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those existing business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The Commissioner of Insurance shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. This paragraph shall apply only to new eligible full-time jobs created on or after January 1, 2009, and prior to January 1, 2014. (g) Tax credits for five years for the taxes imposed under Code Section 33-8-4 shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b), (c), or (d) of this Code section. Additional new full-time jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through six, or whatever portion of years two through six which has been completed, from the total increased employment. The Commissioner of Insurance shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. (h) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification. (i)(1) Except as provided in paragraph (2) of this subsection, any credit claimed under this Code section but not used in that calendar year may be carried forward for ten years from the close of the calendar year in which the qualified jobs were established, but in tiers 3 and 4 the credit established by this Code section taken in any one calendar year shall be limited to an amount not greater than 50 percent of the taxpayers tax liability under Code Section 33-8-4 which is attributable to operations in this state for that calendar year. In tier 1 and 2 counties, the credit allowed under FRIDAY, APRIL 4, 2008 4839 this Code section against taxes imposed under Code Section 33-8-4 in any calendar year shall be limited to an amount not greater than 100 percent of the taxpayers tax liability under Code Section 33-8-4 attributable to operations in this state for such calendar year. (2) The additional credit claimed by an existing business enterprise pursuant to the provisions of paragraph (2) of subsection (f) of this Code section must be applied against taxes imposed for the calendar year in which such credit is available and may not be carried forward to any subsequent calendar year. (j) The Commissioner of Insurance may require such reports, promulgate such regulations, and gather such relevant data necessary and advisable for the evaluation of the job tax credits established by this Code section." SECTION 8. Said title is further amended by adding a new Code section to read as follows: "33-8-4.2. (a) As used in this Code section, the term 'affiliated entity' means: (1) A corporation that is a member of the taxpayers 'affiliated group' within the meaning of Section 1504(a) of the Internal Revenue Code and which corporation has a tax liability under Code Section 33-8-4; or (2) An entity affiliated with a corporation, business, partnership, or limited liability company taxpayer, which entity has a tax liability under Code Section 33-8-4 and which entity: (A) Owns or leases the land on which a project is constructed; (B) Provides capital for construction of the project; and (C) Is the grantor or owner under a management agreement with a managing company of the project. (b) In lieu of claiming any tax credit under Code Section 33-8-4.1 for which a taxpayer otherwise is eligible for the calendar year (such eligibility being determined for this purpose without regard to any limitation imposed by reason of the taxpayers precredit tax liability under Code Section 33-8-4), the taxpayer may elect to assign such credit in whole or in part to one or more affiliated entities for such calendar year by attaching a statement to the taxpayers return for the calendar year; provided, however, that no carryover attributable to the unused portion of any previously claimed or assigned credit may be assigned or reassigned, except as provided in subsection (d) of this Code section. Such election must be made on or before the due date for filing the applicable tax return under Code Section 33-8-4, including any extensions which have been granted. In the case of any credit that must be claimed in installments in more than one calendar year, the election under this subsection may be made on an annual basis with respect to each such installment, provided that the taxpayer shall notify the Commissioner of Insurance with respect to the assignment of each such installment by filing a separate copy of the election statement for such installment no later than the due date for filing the applicable tax return under Code Section 33-8-4, including any extensions which have been granted. Once made, an election under this subsection 4840 JOURNAL OF THE SENATE shall be irrevocable. (c) The recipient of a tax credit assigned under subsection (b) of this Code section shall attach a statement to its tax return under Code Section 33-8-4 identifying the assignor of the tax credit, in addition to providing any other information required to be provided by a claimant of the assigned tax credit. (d) If the assignor and the recipient of a tax credit assigned under subsection (b) of this Code section cease to be affiliated entities, any carryover attributable to the unused portion of such credit shall be transferred back to the assignor of the credit. Such assignor shall be permitted to use any such carryover itself and also shall be permitted to assign such carryover to one or more affiliated entities, as if such carryover were a tax credit under Code Section 33-8-4.1 for which the assignor became eligible in the calendar year in which the carryover was transferred back to the assignor. (e) The assignor and recipient of a tax credit assigned under subsection (b) of this Code section shall be jointly and severally liable for any tax under Code Section 33-8-4 (plus interest and penalties, if any) attributable to the disallowance or recapture of the assigned credit." SECTION 9. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2008. (b) Sections 7 and 8 shall become effective on January 1, 2009. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Senator Staton of the 18th asked unanimous consent that he be excused from voting on HB 1246 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Staton was excused. Senator Rogers of the 21st moved that the Senate adopt the Conference Committee Report on HB 1246. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown E Bulloch Y Butler Y Carter Y Chance Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith E Staton C Stoner FRIDAY, APRIL 4, 2008 4841 Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant C Hamrick Y Harbison Y Harp Y Hawkins Y Johnson Jones Y Me V Bremen Y Moody C Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams On the motion, the yeas were 46, nays 3; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1246. Senator Weber of the 40th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 16. By Senators Rogers of the 21st, Pearson of the 51st, Goggans of the 7th, Heath of the 31st, Carter of the 13th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 4 of the O.C.G.A., 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 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 House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions regarding dogs, so as to provide for a misdemeanor for 4842 JOURNAL OF THE SENATE removing certain collars from dogs; to provide for restitution; to provide for exemptions; 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 8 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions regarding dogs, is amended by adding a new Code section to read as follows: "4-8-6.1. (a) For the purposes of this Code section, the term 'collar' means any electronic or radio transmitting collar that has the purpose of tracking the location of a dog. (b) No person shall remove a collar from a dog without permission from the dogs owner with the intention of preventing or hindering the owner from locating such dog, and if such dog is lost or killed as a result of the violators removal of such collar, the violator shall be required to pay the dogs owner restitution in the amount of the actual value of the dog and any associated veterinary expenses. (c) This Code section shall not apply to an owner or lessee of real property who removes a collar from a dog caught on his or her owned or leased property while such dog remains on such property if such owner or lessee gives notice of such action within 24 hours to the county or municipal law enforcement agency having territorial jurisdiction." SECTION 2. 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 16. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour N Brown E Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas N Fort Goggans Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody C Mullis Y Murphy Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver N Tate Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S FRIDAY, APRIL 4, 2008 4843 Y Golden Y Grant C Hamrick Y Harbison Y Harp Y Hawkins Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Tolleson Y Unterman E Weber Y Wiles Williams On the motion, the yeas were 45, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 16. Senator Eric Johnson, President Pro Tempore, assumed the Chair. The following Senators were excused for business outside the Senate Chamber: Hooks of the 14th Williams of the 19th Senator Goggans of the 7th asked unanimous consent that HB 1234, having been placed on the Table on Wednesday, April 2, 2008, be taken from the Table. The consent was granted, and HB 1234 was taken from the Table. Pursuant to Senate Rule 4-2.10(a), HB 1234, having been taken from the Table, was put upon its passage. HB 1234. By Representatives Channell of the 116th, Cooper of the 41st, Parrish of the 156th, Stephens of the 164th, Hugley of the 133rd and others: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Medicaid Care Management Organizations Act"; to amend Code Section 31-8-171 of the Official Code of Georgia Annotated, relating to definitions relative to quality assessment fees on care management organizations, so as to revise a definition relating to quality assessment fees on care management organizations for purposes of conformity; to amend Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals relative to the Medicaid program, so as to provide that an administrative law judge can consolidate complaints or claims against a care management organization; 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 Senate Government Oversight Committee offered the following substitute to HB 1234: 4844 JOURNAL OF THE SENATE 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 "Medicaid Care Management Organizations Act"; to provide that care management organizations that contract with the Department of Community Health to provide health care services for Medicaid and PeachCare for Kids recipients meet certain requirements; to provide a short title; to provide for definitions; to provide that care management organizations are subject to certain laws relating to health maintenance organizations, managed health care plans, and insurance generally; to provide requirements relating to reimbursement for emergency health care services; to provide for requirements relating to critical access hospitals; to provide for coverage for newborn infants until discharged from the hospital; to provide for bundling of provider complaints and appeals; to provide for binding arbitration; to provide for interest payments on denied claims which are reversed; to require care management organizations to maintain a website for the processing of claims and to search for health care providers; to provide for standardized processing times for claims; to prohibit care management organizations from requiring health care providers to purchase or participate in other plans of the organization as a condition; to provide requirements for participation by dentists; to provide for claims to a responsible health organization; to require that the provisions of this Act are included in new and renewal agreements with care management organizations and health care providers; to provide for Hospital Statistical and Reimbursement Reports from the Department of Community Health; to provide for applicability; to amend Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals relative to the Medicaid program, so as to provide that an administrative law judge can consolidate complaints or claims against a care management organization; 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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new chapter to read as follows: "CHAPTER 21A 33-21A-1. This chapter shall be known and may be cited as the 'Medicaid Care Management Organizations Act.' 33-21A-2. As used in this chapter, the term: (1) 'Care management organization' means an entity that is organized for the purpose FRIDAY, APRIL 4, 2008 4845 of providing or arranging health care, which has been granted a certificate of authority by the Commissioner of Insurance as a health maintenance organization pursuant to Chapter 21 of this title, and which has entered into a contract with the Department of Community Health to provide or arrange health care services on a prepaid, capitated basis to members. (2) 'Coordination of care' means early identification of members who have or may have special needs; assessment of a members risk factors; development of a plan of care; referrals and assistance to ensure timely access to providers; actively linking the member to providers, medical services, and residential, social, and other support services where needed; monitoring; continuity of care; and follow-up and documentation, all as further described pursuant to the terms of the contracts between the Department of Community Health and the care management organizations. (3) 'Critical access hospital' means a hospital that meets the requirements of the federal Centers for Medicare and Medicaid Services to be designated as a critical access hospital and that is recognized by the Department of Community Health as a critical access hospital for purposes of Medicaid. (4) 'Emergency health care services' means health care services that are provided for a condition of recent onset and sufficient severity, including, but not limited to, severe pain, that would lead a prudent layperson, possessing an average knowledge of medicine and health, to believe that his or her condition, sickness, or injury is of such a nature that failure to obtain immediate medical care could result in: (A) Placing the patients health in serious jeopardy; (B) Serious impairment to bodily functions; or (C) Serious dysfunction of any bodily organ or part. (5) 'Health care provider' or 'provider' means any person, partnership, professional association, corporation, facility, or institution certified, licensed, or registered by the State of Georgia that has contracted with a care management organization to provide health care services to members. (6) 'Health care services' has the same meaning as in paragraph (5) of Code Section 33-21-1. (7) 'Health maintenance organization' means an entity which has been issued a certificate of authority by the Commissioner of Insurance pursuant to Chapter 21 of this title to establish and operate a health maintenance organization. (8) 'Hospital Statistical and Reimbursement Report' or 'HS&R report' means a report created by a care management organization, using the same format that is used by the Department of Community Health in completing HS&R reports, that includes data related to an individual hospital, including aggregate statistics and reimbursement data for all Medicaid recipients who are covered by the care management organization and who received health care services at such hospital during a specific fiscal year, including data regarding services that were provided out of network. HS&R reports are utilized by the Department of Community Health for purposes of the Indigent Care Trust Funds disproportionate share hospital survey and are also utilized by hospitals to claim payments under medicares disproportionate share hospital 4846 JOURNAL OF THE SENATE program. (9) 'Medicaid' means the joint federal and state program of medical assistance established by Title XIX of the federal Social Security Act, which is administered in this state by the Department of Community Health pursuant to Article 7 of Chapter 4 of Title 49. (10) 'Member' means a Medicaid or PeachCare for Kids recipient who is currently enrolled in a care management organization plan. (11) 'PeachCare for Kids' means the State of Georgias State Childrens Health Insurance Program established pursuant to Title XXI of the federal Social Security Act, which is administered in this state by the Department of Community Health pursuant to Article 13 of Chapter 5 of Title 49. (12) 'Post-stabilization services' means covered services related to an emergency medical condition that are provided after a member is stabilized in order to maintain the stabilized condition or to improve or resolve the members condition. (13) 'Responsible health organization' means the entity that a health care provider reasonably identifies to be responsible for providing or arranging health care services for a patient who is a Medicaid or PeachCare for Kids recipient after the provider has properly conducted an eligibility verification in accordance with the procedures of the Department of Community Health. 33-21A-3. (a) A care management organization shall be required to obtain a certificate of authority as a health maintenance organization pursuant to Chapter 21 of this title prior to providing or arranging health care for members pursuant to a contract with the Department of Community Health. On and after the date of issuance of its certificate of authority as a health maintenance organization, a care management organization shall comply with all provisions relating to health maintenance organizations and all provisions relating to managed health care plans, with the exception of Code Section 33-20A-9.1. (b) The Commissioner of Insurance shall not have the authority to approve, disapprove, or set rates paid by the Department of Community Health to a care management organization or paid by a care management organization to a health care provider. (c) The Commissioner of Insurance shall not have the authority to approve, disapprove, or modify any plan offered by a care management organization or any contract between a care management organization and the Department of Community Health. (d) Nothing in this chapter shall be interpreted as altering the authority of the commissioner of community health. 33-21A-4. (a) In particular, but without limitation, a care management organization shall not: (1) Deny or inappropriately reduce payment to a provider of emergency health care services for any evaluation, diagnostic testing, or treatment provided to a recipient of FRIDAY, APRIL 4, 2008 4847 medical assistance for an emergency condition; or (2) Make payment for emergency health care services contingent on the recipient or provider of emergency health care services providing any notification, either before or after receiving emergency health care services. (b) In processing claims for emergency health care services, a care management organization shall consider, at the time that a claim is submitted, at least the following criteria: (1) The age of the patient; (2) The time and day of the week the patient presented for services; (3) The severity and nature of the presenting symptons; (4) The patients initial and final diagnosis; and (5) Any other criteria prescribed by the Department of Community Health, including criteria specific to patients under 18 years of age. A care management organization shall configure or program its automated claims processing system to consider at least the conditions and criteria described in this subsection for claims presented for emergency health care services. The Department of Community Health may develop and publish a list of additional standards to be used by care management organizations to maximize the identification and accurate payment of claims for emergency health care services. (c) If a provider that has not entered into a contract with a care management organization provides emergency health care services or post-stabilization services to that care management organizations member, the care management organization shall reimburse the noncontracted provider for such emergency health care services and poststabilization services at a rate equal to the rate paid by the Department of Community Health for Medicaid claims that it reimburses directly. 33-21A-5. (a) A critical access hospital must provide notice to a care management organization and the Department of Community Health of any alleged breaches in its contract by such care management organization. (b) If a critical access hospital satisfies the requirement of subsection (a) of this Code section, and if the Department of Community Health concludes, after notice and hearing, that a care management organization has substantively and repeatedly breached a term of its contract with a critical access hospital, the department is authorized to require the care management organization to pay damages to the critical access hospital in an amount not to exceed three times the amount owed. Notwithstanding the foregoing, nothing in this Code section shall be interpreted to limit the authority of the Department of Community Health to establish additional penalties or fines against a care management organization for failure to comply with the contract between a care management organization and the Department of Community Health. 33-21A-6. (a) Each care management organization shall pay for health care services provided to a 4848 JOURNAL OF THE SENATE newborn infant who is born to a mother who is a member currently enrolled with that care management organization until such time as the newborn is finally discharged from all inpatient care to a home environment subject to approval by the federal Centers for Medicare and Medicaid Services. For a newborn infant whose mother is enrolled in a Medicaid program under which she receives Medicaid benefits directly from the Department of Community Health, the Department of Community Health shall pay for health care services provided to the newborn until such time as the newborn is finally discharged from all inpatient care to a home environment. (b) In the event a newborn is disenrolled from a care management organization and reenrolled into the Medicaid fee-for-service program conducted directly by the Department of Community Health, the care management organization shall ensure the coordination of care for that child until the child has been appropriately discharged from the hospital and placed in an appropriate care setting. 33-21A-7. (a) In reviewing provider complaints or appeals related to denial of claims, a care management organization shall allow providers to consolidate complaints or appeals of multiple claims that involve the same or similar payment or coverage issues, regardless of the number of individual patients or payment claims included in the bundled complaint or appeal. (b) Each care management organization shall allow a provider that has exhausted the care management organizations internal appeals process related to a denied or underpaid claim or group of claims bundled for appeal the option either to pursue the administrative review process described in subsection (e) of Code Section 49-4-153 or to select binding arbitration by a private arbitrator who is certified by a nationally recognized association that provides training and certification in alternative dispute resolution. If the care management organization and the provider are unable to agree on an association, the rules of the American Arbitration Association shall apply. The arbitrator shall have experience and expertise in the health care field and shall be selected according to the rules of his or her certifying association. Arbitration conducted pursuant to this Code section shall be binding on the parties. The arbitrator shall conduct a hearing and issue a final ruling within 90 days of being selected, unless the care management organization and the provider mutually agree to extend this deadline. All costs of arbitration, not including attorneys fees, shall be shared equally by the parties. (c) For all claims that are initially denied or underpaid by a care management organization but eventually determined or agreed to have been owed by the care management organization to a provider of health care services, the care management organization shall pay, in addition to the amount determined to be owed, interest of 20 percent per annum, calculated from 15 days after the date the claim was submitted. A care management organization shall pay all interest required to be paid under this provision or Code Section 33-24-59.5 automatically and simultaneously whenever payment is made for the claim giving rise to the interest payment. All interest FRIDAY, APRIL 4, 2008 4849 payments shall be accurately identified on the associated remittance advice submitted by the care management organization to the provider. A care management organization shall not be responsible for the penalty described in this subsection if the health care provider submits a claim containing a material omission or inaccuracy in any of the data elements required for a complete standard health care claim form as prescribed under 45 C.F.R. Part 162 for electronic claims, a CMS Form 1500 for nonelectronic claims, or any claim prescribed by the Department of Community Health. (d) Each care management organization shall maintain a website that allows providers to submit, process, edit, rebill, and adjudicate claims electronically. To the extent a provider has the capability, each care management organization shall submit payments to providers electronically and submit remittance advices to providers electronically within one business day of when payment is made. To the extent that any of these functions involve covered transactions under 45 C.F.R. Section 162.900, et seq., then those transactions also shall be conducted in accordance with applicable federal requirements. (e) Each care management organization shall post on its website a searchable list of all providers with which the care management organization has contracted. At a minimum, this list shall be searchable by provider name, specialty, and location. At a minimum, the list shall be updated once each month. (f) The Department of Community Health shall require each care management organization to utilize the same timeframes and deadlines for submission, processing, payment, denial, adjudication, and appeal of Medicaid claims as the timeframes and deadlines that the Department of Community Health uses on claims it pays directly. (g) No care management organization shall, as a condition of contracting with a provider, require that provider to participate or accept other plans or products offered by the care management organization unrelated to providing care to members. Any care management organization which violates this prohibition shall be subject to a penalty of $1,000.00 per violation. Such penalty shall be collected by the Department of Community Health. A care management organization shall not reduce the funding available for members as a result of payment of such penalties. (h) No health care provider shall, as a condition of contracting with a care management organization, require that a care management organization contract with or not contract with another health care provider. Any health care provider which violates this subsection shall be subject to a penalty of $1,000.00 per violation. Such penalty shall be collected by the Department of Community Health. A health care provider shall not terminate an agreement with a care management organization as a result of payment of such penalties. 33-21A-8. (a) Except as provided in subsection (b) of this Code section, no care management organization or agent of such care management organization shall deny any dentist from participating in the Medicaid and PeachCare for Kids dental program administered by such care management organization if: 4850 JOURNAL OF THE SENATE (1) Such dentist has obtained a license to practice in this state and is an enrolled provider who has met all of the requirements of the Department of Community Health for participation in the Medicaid and PeachCare for Kids program; and (2)(A) The licensed dentist will provide dental services to members pursuant to a state or federally funded educational loan forgiveness program that requires such services; provided, however, each care management organization shall be required to offer dentists wishing to participate through such loan forgiveness programs the same contract terms offered to other dentists in the service region who participate in the care management organizations Medicaid and PeachCare for Kids dental programs; (B) The geographic area in which the dentist intends to practice has been designated as having a dental professional shortage as determined by the Department of Community Health, which may be based on the designation of the Health Resources and Services Administration of the United States Department of Health and Human Services; or (C) Such care management organization fails to establish to the satisfaction of the Department of Community Health that a sufficient number of general dentists and specialists have contracted with the care management organization to provide covered dental services to members in the geographic region. (b) A care management organization may decline to contract with a dentist who meets the requirements of subsection (a) of this Code section if such dentist has had his or her license to practice dentistry sanctioned in any manner or fails to meet the credentialing criteria established by the care management organization. Any dentist denied on this basis shall be entitled to a hearing before an administrative law judge as set forth in subsection (e) of Code Section 49-4-153. (c) The Department of Community Health shall also provide a means for dentists to request an annual hearing to determine whether a condition described in subparagraph (B) or (C) of paragraph (2) of subsection (a) of this Code section exists. The department may compel the attendance of care management organizations or agents of care management organizations to attend such hearings. The department may request additional information as a result of the hearing, and it shall consider matters raised in the hearing when deciding whether a condition described in subparagraph (A) or (B) of paragraph (2) of subsection (a) of this Code section exists. 33-21A-9. (a) If a provider submits a claim to a responsible health organization for services rendered within 72 hours after the provider verifies the eligibility of the patient with that responsible health organization, the responsible health organization shall reimburse the provider in an amount equal to the amount to which the provider would have been entitled if the patient had been enrolled as shown in the eligibility verification process. After resolving the providers claim, if the responsible health organization made payment for a patient for whom it was not responsible, then the responsible health organization may pursue a cause of action against any person who was responsible for FRIDAY, APRIL 4, 2008 4851 payment of the services at the time they were provided but may not recover any payment made to the provider. (b) If a provider verifies the eligibility of a patient as set forth in subsection (a) of this Code section, and if a provider determines that a person other than the responsible health organization to which it has submitted a claim is responsible for Medicaid or PeachCare for Kids coverage of the patient at the time the service was rendered, the provider may submit the claim to the person that is responsible for Medicaid or PeachCare for Kids coverage and that person shall reimburse all medically necessary services, without application of any penalty for failure to file claims in a timely manner, for failure to obtain prior authorization, or for the provider not being a participating provider in the persons network, and the amount of reimbursement shall be that persons applicable rate for the service if the provider is under contract with that person or the rate paid by the Department of Community Health for the same type of claim that it pays directly if the provider is not under contract with that person. 33-21A-10. (1) On and after the effective date of this chapter, the Department of Community Health shall include provisions in all new or renewal agreements with a care management organization, which require the care management organization to comply with all provisions of this chapter. (2) On and after the effective date of this chapter, a care management organization shall not include any provisions in new or renewal agreements with providers entered into pursuant to the contract between the Department of Community Health and the care management organization, which are inconsistent with the provisions of this chapter. 33-21A-11. Upon request by a hospital provider related to a specific fiscal year, a care management organization shall, within 30 days of the request, provide that hospital with an HS&R report for the requested fiscal year. Any care management organization which violates this Code section by not providing the requested report within 30 days shall be subject to a penalty of $1,000.00 per day, starting on the thirty-first day after the request and continuing until the report is provided. It is the intent of the General Assembly that such penalty be collected by the Department of Community Health and deposited into the Indigent Care Trust Fund created pursuant to Code Section 31-8-152. A care management organization shall not reduce the funding available for health care services for members as a result of payment of such penalties. 33-21A-12. To the extent any provision in this chapter is inconsistent with applicable federal law, rule, or regulation, the applicable federal law, rule, or regulation shall govern." SECTION 2. Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to 4852 JOURNAL OF THE SENATE administrative hearings and appeals relative to the Medicaid program, is amended by revising paragraph (1) of subsection (e) as follows: "(1) A dentist acting pursuant to subsection (b) of Code Section 33-21A-8 or a provider of medical assistance may request a hearing on a decision of a care management organization with respect to the provisions set forth in subsection (b) of Code Section 33-21A-8 or 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. Notwithstanding any other provision of this title, an administrative law judge appointed pursuant to paragraph (2) of this subsection shall be authorized to allow a provider of medical assistance to consolidate pending complaints or claims against a care management organization that are based on the same or similar payment or coverage issues, as determined by such administrative law judge. Such consolidation shall include disposition of the same or similar claims through a single hearing that adjudicates the total amount of such consolidated claims." 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 Unterman of the 45th asked unanimous consent that she be excused from voting on HB 1234 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Unterman was excused. On the adoption of the substitute, there were no objections, 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: FRIDAY, APRIL 4, 2008 4853 Y Adelman Y Balfour Y Brown E Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody C Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Smith Y Staton C Stoner Y Tarver N Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Tolleson E Unterman E Weber Y Wiles E Williams On the passage of the bill, the yeas were 45, nays 1. HB 1234, having received the requisite constitutional majority, was passed by substitute. Senator Unterman of the 45th was excused for business outside the Senate Chamber. The following bill was taken up to consider the Conference Committee Report thereto: HB 1113. By Representatives Heard of the 104th, Rynders of the 152nd, Houston of the 170th, Morris of the 155th, Royal of the 171st and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, so as to provide definitions; to provide for the requirements of a state purchasing card program; to provide penalties for violators; to authorize the promulgation of rules and regulations; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on HB 1113 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of 4854 JOURNAL OF THE SENATE Conference Substitute to HB 1113 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Seabaugh of the 28th /s/ Senator Chance of the 16th /s/ Senator Tarver of the 22nd /s/ Representative Heard of the 104th /s/ Representative Royal of the 171st /s/ Representative Houston of the 170th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1113 A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, so as to prohibit the use of state funds by purchase orders, government contracts, credits cards, charge cards, or debit cards, or other such payment vehicles for personal benefit or gain; to provide definitions; to provide for the requirements of a state purchasing card program; to provide penalties for violators; to authorize the promulgation of rules and regulations; to amend Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to reimbursements for public officers and employees, so as to prohibit state officers and employees from misappropriating advances of public funds, submitting fraudulent reimbursement requests, or approving fraudulent reimbursement requests; to provide for penalties; to provide for related matters; to provide for effective dates and applicability; 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 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, is amended by revising Code Section 50-5-80, relating to personal purchases or sales through the department for individual ownership, all department purchases remaining state property, penalty, and applicability, as follows: "50-5-80. (a) As used in this Code section, the term 'person' includes natural persons, firms, partnerships, corporations, or associations. (b) It shall be unlawful for any employee or official of the state or any other person to purchase, directly or indirectly, through the Department of Administrative Services, or through any office, agency, department, board, bureau, commission, institution, FRIDAY, APRIL 4, 2008 4855 authority, or other entity of the state, any article, material, merchandise, ware, commodity, or other thing of value for the personal or individual ownership of himself or herself or other person or persons. All articles, materials, merchandise, wares, commodities, or other things of value purchased, directly or indirectly, by or through the Department of Administrative Services or by or through any office, agency, department, board, bureau, commission, institution, authority, or other entity of the state shall be and remain the property of the state until sold or disposed of by the state in accordance with the laws governing the disposition or sale of other state property person to obtain for his or her own personal benefit, or for the benefit of any other person, any goods, services or other things of value, through any resource or method established pursuant to this article, including, but not limited to, purchase orders, government contracts, credit cards, charge cards, or debit cards. (c)(1) It shall be unlawful for any person knowingly to sell or deliver any article, material, merchandise, ware, commodity, or other thing of value to any person, directly or indirectly, by or through the Department of Administrative Services or by or through any office, agency, department, board, bureau, commission, institution, authority, or other entity of the state for the individual and personal ownership of such person or other person or persons except that property of the state may be sold or otherwise disposed of in accordance with the laws governing the sale or other disposition of state property. Any person who violates subsection (b) of this Code section by obtaining any goods, services, or other things of value in the aggregate value of less than $500.00 shall be guilty of a misdemeanor of a high and aggravated nature which shall be punishable by not more than 12 months imprisonment and a fine not to exceed $5,000.00. In addition to the foregoing criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution to the state equal to the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each unlawful purchase was made. (2) Any person who violates subsection (b) of this Code section by obtaining any goods, services, or other things of value in the aggregate value of $500.00 or more shall be guilty of a felony which shall be punishable by not less than one nor more than 20 years imprisonment and a fine not to exceed $50,000.00 or triple the amount of such unlawful purchases, whichever is greater. In addition to the foregoing criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution equal to the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each such unlawful purchase was made. (d)(1) Any person who violates any provision of this Code section shall be guilty of a misdemeanor. Any person who knowingly assists another person in violating subsection (b) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature which shall be punishable by not more than 12 months imprisonment and a fine not to exceed $5,000.00 if the unlawfully purchased goods, services, or other things of value are valued in the aggregate of less than $500.00. In 4856 JOURNAL OF THE SENATE addition to such criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution equal to the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each unlawful purchase was made. (2) Any person who knowingly assists another person in violating subsection (b) of this Code section shall be guilty of a felony which shall be punishable by not less than one nor more than 20 years imprisonment and a fine not to exceed $50,000.00 or triple the amount of the unlawful purchases, whichever is greater, if the goods, services, or other things of value are in the aggregate value of $500.00 or more. In addition to such criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution for the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each unlawful purchase was made. (e) This Code section shall not apply to any official employee purchase program for technology resources facilitated by and through the Georgia Technology Authority for state employees and public school employees of county or independent boards of education." SECTION 2. Said part is further amended by adding a new Code section to read as follows: "50-5-83. (a) As used in this Code section, the term: (1) 'Department' means the Department of Administrative Services. (2) 'Purchasing card' means a credit or debit card issued by a credit card company, bank, or other financial institution and provided by the State of Georgia or any of its departments or agencies under the State of Georgia Purchasing Card Program to state employees for the purpose of making purchases on behalf of such departments or agencies or the state. (b) Any purchasing card program established by the department or by any other department or agency of the state shall conform to the following requirements: (1) Purchasing cards shall only be issued to state employees whose job duties require the use of a purchasing card; (2) Each department or agency of the state that allows the use of purchasing cards by its employees shall develop policies and procedures consistent with guidelines developed by the department pursuant to this Code section to identify those job positions within each department or agency of the state that would require the use of a purchasing card; (3) Each employee receiving a purchasing card shall be required to sign an ethical behavior agreement for the use of the card which shall be developed by the department; (4) Each department or agency of the state that allows its employees to use purchasing cards shall provide for the review of all purchases on such cards, shall maintain receipts for each purchase, and shall maintain a log showing each purchase, FRIDAY, APRIL 4, 2008 4857 the relevant vendors name, the item purchased, the date of the purchase, the amount of the purchase, the name of the employee making the purchase, and any other information that shall be specified by the department; (5) Purchases made on purchasing cards shall be reviewed and approved by supervisory personnel at least quarterly; (6) Purchasing cards shall not be used for items over $5,000.00 unless the item is: (A) Purchased pursuant to a valid state contract; and (B) Purchased in compliance with state procurement policy; (7) Purchasing cards shall not be used to purchase gift cards; (8) Purchasing cards shall not be used to purchase gift cards, alcoholic beverages, tobacco products, or personal items that are not job related, and state contracts for purchasing cards shall contain such prohibitions on the use of such purchasing cards; (9) The department shall develop a training manual on the use of purchasing cards which shall instruct users of purchasing cards on the maximum value utilization of such purchasing cards and employees who use such purchasing cards shall comply with the provisions of such manual; (10) Departments and agencies of the state shall review not less than annually all purchasing cards issued to their employees and shall eliminate purchasing cards for employees who demonstrate consistently low usage of such purchasing cards; (11) Departments and agencies of the state which have more than 100 purchasing cards issued to employees shall establish goals to reduce such number of purchasing cards by at least 10 percent by December 31, 2009; (12) Employees hired for job positions for which purchasing cards are issued shall be subjected to criminal background checks before hiring and a credit check shall be completed by the hiring department or agency on all employees to whom a purchasing card is issued prior to issue; (13) Purchasing cards shall be issued only to employees of departments and agencies of the state and no purchasing cards shall be issued to employees of foundations associated with departments and agencies of the state; (14) Each purchase made with a purchasing card shall be accompanied by a receipt or other documentation listing each item purchased, the purchase price for each item, and any taxes, fees, or other amounts paid in connection with such purchase; and (15) With respect to any purchase made with a purchasing card, if the employee to whom such card was issued does not provide documentation meeting the requirements of paragraph (14) of this subsection to his or her supervisor for recording on the purchasing log required to be maintained as provided in paragraph (4) of this subsection, such employee shall be personally responsible for such purchase. (c) Any employee of a department or agency of the state who knowingly: (1) Uses a purchasing card for personal gain; (2) Purchases items on such purchasing card that are not authorized for purchase by such employee; (3) Purchases items in violation of this Code section; or 4858 JOURNAL OF THE SENATE (4) Retains for such employees personal use a rebate or refund from a vendor, bank, or other financial institution for a purchase or the use of a purchasing card shall be subject to immediate termination of employment, restitution for the amount of the improper purchases, and criminal prosecution. Any person violating this subsection shall be guilty of a misdemeanor of a high and aggravated nature if the value of the items improperly purchased or retained is less than $500.00 in the aggregate and shall be guilty of a felony if the value of the items improperly purchased or retained is $500.00 or more in the aggregate and, upon conviction of such felony, shall be sentenced to not less than one nor more than 20 years imprisonment, a fine not to exceed $50,000.00, or both. (d) An employees supervisor who knowingly intentionally, willfully, wantonly, or recklessly allows or who conspires with an employee who is issued a purchasing card to violate subsection (c) of this Code section shall be subject to immediate termination of employment and criminal prosecution. Any person violating this subsection shall be guilty of a misdemeanor of a high and aggravated nature if the value of the items improperly purchased or retained is less than $500.00 in the aggregate and shall be guilty of a felony if the value of the items improperly purchased or retained is $500.00 or more in the aggregate and, upon conviction of such felony, shall be sentenced to not less than one nor more than 20 years imprisonment, a fine not to exceed $50,000.00, or both. (e) The department is authorized to promulgate such rules and regulations as necessary to implement this Code section." SECTION 3. Article 2 of Chapter 7 of Title 45, relating to reimbursement expenses for public officers and employees, is amended by revising Code Section 45-7-32 of the Official Code of Georgia Annotated, relating to reimbursement for expenses of lodging and airfare and penalty for violations, as follows: "45-7-32. Any person who intentionally violates Code Sections 45-7-29 through 45-7-31 shall be guilty of a misdemeanor. (a) It shall be unlawful for any person to use any travel advance received from public funds, for nongovernmental purposes or to submit or approve, knowingly or through willful and wanton neglect, a fraudulent request to the state for reimbursement of expenses. (b) Any person who, in violation of subsection (a) of this Code section, uses any travel advance for nongovernmental purposes or submits or approves, knowingly or through willful and wanton neglect, a fraudulent request for reimbursement of expenses, valued in the aggregate at less than $500.00 shall be guilty of a misdemeanor of a high and aggravated nature which shall be punishable by not more than 12 months imprisonment and a fine not to exceed $5,000.00. In addition to the foregoing criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution to the state equal to the amount of such FRIDAY, APRIL 4, 2008 4859 misappropriated travel advances or fraudulent reimbursements, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each misappropriated travel advance or fraudulent reimbursement payment was made. (c) Any person who, in violation of subsection (a) of this Code section, uses any travel advance for nongovernmental purposes or submits or approves knowingly, or through willful and wanton neglect, a fraudulent request for reimbursement of expenses valued in the aggregate at $500.00 or more shall be guilty of a felony which shall be punishable by not less than one nor more than 20 years imprisonment and a fine not to exceed $50,000.00 or triple the amount of such misappropriated travel advances or fraudulent reimbursement payments, whichever is greater. In addition to such criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution to the state equal to the amount of such misappropriated travel advances or fraudulent reimbursements, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each misappropriated travel advance or fraudulent reimbursement payment was made." SECTION 4. For the purpose of promulgating rules and regulations, policies, procedures, and manuals, 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, 2008, and shall apply to all transactions occurring on and after such date. SECTION 5. 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 1113. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Balfour Y Brown E Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Heath Y Henson Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson Johnson (PRS) Y Jones Y Me V Bremen Y Moody C Mullis Y Murphy Y Schaefer Y Seabaugh Y Seay Shafer,D Y Smith Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S 4860 JOURNAL OF THE SENATE Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Rogers Y Tolleson E Unterman E Weber Y Wiles E Williams On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1113. The following bill was taken up to consider House action thereto: SB 305. By Senators Shafer of the 48th, Pearson of the 51st, Heath of the 31st, Thomas of the 54th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to revise a provision relating to the licensing of nongovernmental rescue organizations; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to revise certain provisions relating to liability of persons and entities in emergency situations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senator Shafer of the 48th asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 305 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Shafer of the 48th, Moody of the 56th and Smith of the 52nd. The following resolutions were read and adopted: SR 1350. By Senator Carter of the 13th: A RESOLUTION expressing regret at the passing of Major Jack Woolard; and for other purposes. SR 1351. By Senators Seay of the 34th, Reed of the 35th, Davenport of the 44th and Fort of the 39th: A RESOLUTION honoring the life of and expressing regret at the passing of FRIDAY, APRIL 4, 2008 4861 Jerome Wright; and for other purposes. SR 1352. By Senator Butler of the 55th: A RESOLUTION saluting the business success of Darryl Ford, owner and general manager of Stone Mountain Chrysler Jeep Dodge; and for other purposes. SR 1353. By Senator Butler of the 55th: A RESOLUTION commending Pawlloes Belete; and for other purposes. SR 1354. By Senators Butler of the 55th and Ramsey, Sr. of the 43rd: A RESOLUTION recognizing and commending the Southwest DeKalb High School Lady Panthers basketball team on winning the Class AAAA state championship; and for other purposes. SR 1355. By Senator Butler of the 55th: A RESOLUTION congratulating the coaches and players of the DeKalb Silver Streaks adapted sports wheelchair basketball team; and for other purposes. SR 1356. By Senators Butler of the 55th and Ramsey, Sr. of the 43rd: A RESOLUTION congratulating the Columbia High School boys basketball team on winning the Class AAAA state championship; and for other purposes. SR 1357. By Senator Butler of the 55th: A RESOLUTION commending Nigel Plummer; and for other purposes. At 8:09 p.m. Senator Eric Johnson, President Pro Tempore, announced that the Senate would stand in recess until 8:30 p.m. At 8:30 p.m. the President called the Senate to order. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the 4862 JOURNAL OF THE SENATE following Bills of the Senate: SB 52. By Senators Jones of the 10th, Adelman of the 42nd, Weber of the 40th and Thompson of the 5th: A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to change the provisions relating to the authority of the chief executive officer to preside over meetings of the county commission and vote in certain instances; to change the provisions relating to the authority of the chief executive officer to set the agenda for meetings of the county commission; to provide for related matters; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 109. By Senators Hudgens of the 47th, Shafer of the 48th, Brown of the 26th, Hawkins of the 49th, Thomas of the 54th 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 certain definitions; to include plan administrators in prompt pay requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 381. By Senators Weber of the 40th, Unterman of the 45th, Schaefer of the 50th, Rogers of the 21st, Williams of the 19th and others: A BILL to be entitled an Act to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change certain provisions relating to registration and certificates of birth; to provide for a short title; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: FRIDAY, APRIL 4, 2008 4863 SB 433. By Senators Williams of the 19th, Rogers of the 21st, Johnson of the 1st, Mullis of the 53rd, Moody of the 56th and others: A BILL to be entitled an Act to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to provide that certain destination cancer hospitals are subject to certificate of need requirements; to add a definition and revise a definition; to provide certain conditions relating to certificates of need for new institutional health services; to provide considerations for qualification for issuance of certificates of need relating to destination cancer hospitals; to provide for penalties for destination cancer hospitals which fail to comply with minimum requirements; to provide for related matters; 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 Bills of the House: HB 119. By Representatives Willard of the 49th, Ralston of the 7th, Lindsey of the 54th, Fleming of the 117th, Tumlin of the 38th and others: A BILL to be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials and cost of living adjustments, so as to increase the annual salaries of Supreme Court Justices, Court of Appeals Judges, and superior court judges; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 881. By Representatives Jones of the 46th, Coleman of the 97th, Lindsey of the 54th, Millar of the 79th, Everson of the 106th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to provide for legislative findings and intent; to establish the Georgia Charter Schools Commission; to provide for its powers and duties; to provide for chartering authority for commission charter schools; to provide for approval of cosponsors; to provide for cosponsor agreements; to provide for revocation of approval of cosponsors; to provide for application and review; to provide for applications of existing charter schools; to provide for application of the general laws; to provide for access to information; to provide for an annual report; to provide for duties, powers, and authority of the State Board of Education with respect to the foregoing; to provide for duties of the 4864 JOURNAL OF THE SENATE sponsor; to provide for appeal; to provide for debts of charter schools; to provide for findings; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 948. By Representatives Smith of the 70th, Jones of the 46th, Houston of the 170th, Tumlin of the 38th, Ramsey of the 72nd 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 sales and use tax 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 1163. By Representatives Lane of the 167th, Keen of the 179th, Williams of the 178th, Hill of the 180th, Roberts of the 154th and others: 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 courts, so as to provide for a fifth judge of the superior courts of the Brunswick Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to provide for an additional court reporter for said circuit; to authorize the governing authority of the counties which comprise the Brunswick Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1221. By Representatives Maxwell of the 17th, Keen of the 179th, Rogers of the 26th and Meadows of the 5th: A BILL to be entitled an Act to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to consent of an insured to an insurance contract and exceptions, so as to change the minimum number of employees required to be covered under an insurance contract or contracts held by a corporation or trustee; to provided for related matters; to repeal FRIDAY, APRIL 4, 2008 4865 conflicting laws; and for other purposes. Mr. President: The House has agreed to the Senate substitute to the following Bill of the House: HB 1110. By Representative Martin of the 47th: 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 for a limited period of time an exemption with respect to certain sales of eligible food and beverages to a qualified food bank; 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 House: HB 750. By Representative Cheokas of the 134th: A BILL to be entitled an Act to provide that future elections for the office of judge of the probate court of Sumter County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. The following bill was taken up to consider the Conference Committee Report thereto: HB 89. By Representatives Bearden of the 68th, Horne of the 71st, Hatfield of the 177th, Maddox of the 172nd, Smith of the 168th 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 the carrying and possession of firearms, so as to change certain provisions regarding the transportation of certain firearms; 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 89 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of 4866 JOURNAL OF THE SENATE Conference Substitute to HB 89 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Balfour of the 9th /s/ Senator Chance of the 16th /s/ Senator Carter of the 13th /s/ Representative Bearden of the 68th /s/ Representative Ralston of the 7th /s/ Representative Jerguson of the 22nd COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 89 A BILL TO BE ENTITLED AN ACT To provide a short title; to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide for a felony for soliciting, persuading, encouraging, or enticing any dealer to transfer or otherwise convey a firearm to anyone other than the actual buyer; to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to change certain provisions relating to carrying deadly weapons to or at public gatherings; to provide for constables to carry pistols in publicly owned or operated buildings; to exempt constables from the prohibition of carrying weapons within school safety zones, at school functions, or on school property; to change certain provisions regarding the transportation and carrying of certain firearms; to prohibit the carrying of firearms and other weapons into certain buildings; to provide a definition; to authorize the carrying of firearms in certain locations; to require the timely issuance of firearm licenses; to prohibit certain employers from searching the private vehicles of employees; to prohibit employers from conditioning employment based upon certain regulations regarding the possession of a firearm; to provide exceptions; to provide certain immunity for employers; to provide for civil remedies; to provide for the timely issuance of firearms permits and licenses; to provide for remedies for failure to receive firearms permits or licenses under certain circumstances; to prohibit the consumption of alcoholic beverages while carrying a firearm under certain circumstances; to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide certain immunity from liability for certain persons and entities that voluntarily and without compensation assist state agencies during times of declared emergencies; 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 "Business Security and Employee FRIDAY, APRIL 4, 2008 4867 Privacy Act." SECTION 2. Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by adding a new Code section to read as follows: "16-11-113. Any person who attempts to solicit, persuade, encourage, or entice any dealer to transfer or otherwise convey a firearm other than to the actual buyer, as well as any other person who willfully and intentionally aids or abets such person, shall be guilty of a felony. This Code section shall not apply to a federal law enforcement officer or a peace officer, as defined in Code Section 16-1-3, in the performance of his or her official duties or other person under such officers direct supervision." SECTION 3. Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, is amended by revising Code Section 16-11-126, relating to the offense of carrying a concealed weapon, as follows: "16-11-126. (a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section. (b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows: (1) For the first offense, he or she shall be guilty of a misdemeanor; and (2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years. (c) This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the weapon may be concealed by the persons clothing, or a handbag, purse, attache case, briefcase, or other closed container. Carrying on the person in a concealed manner other than as provided in this subsection shall not be permitted and shall be a violation of this Code section. Any person having been issued a license to carry a concealed weapon pursuant to Code Section 16-11-129 shall be permitted to carry such weapon, subject to the limitations of this part, in all parks, historic sites, or recreational areas as defined by Code Section 12-3-10 and in all wildlife management areas. 4868 JOURNAL OF THE SENATE (d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 1611-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition. (e) This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle; provided, however, that any person in possession of a valid permit issued pursuant to Code Section 16-11-129 may carry a handgun in any location in a motor vehicle. (e)(f) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such licenseholder license holder shall carry the handgun in compliance with the laws of this state." SECTION 4. Said part is further amended by revising Code Section 16-11-127, relating to carrying deadly weapons to or at public gatherings, as follows: "16-11-127. (a) Except as provided in Code Section 16-11-127.1, a person is shall be guilty of a misdemeanor when he or she carries to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense. (b) For the purpose of this Code section, 'public gathering' shall include, but shall not be limited to, athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises and which derive less than 50 percent of their total annual gross food and beverage sales from the sale of prepared meals or food. Nothing in this Code section shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part. (c)(1) This Code section shall not apply to competitors participating in organized sport shooting events. (2) Law enforcement officers, peace officers retired from state, local, or federal law enforcement agencies, judges, magistrates, constables, solicitors-general, and district attorneys may carry pistols in publicly owned or operated buildings; provided, however, that a courthouse security plan adopted in accordance with paragraph (10) of subsection (a) of Code Section 15-16-10 may prohibit the carrying of a pistol. (d) It is shall be an affirmative defense to a violation of this Code section if a person notifies a law enforcement officer or other person employed to provide security for a public gathering of the presence of such item as soon as possible after learning of its presence and surrenders or secures such item as directed by the such law enforcement officer or other person employed to provide security for a such public gathering. FRIDAY, APRIL 4, 2008 4869 (e) A person licensed or permitted to carry a firearm by this part shall be permitted to carry such firearm, subject to the limitations of this part, in all parks, historic sites, and recreational areas, including all publicly owned buildings located in such parks, historic sites, and recreational areas and in wildlife management areas, notwithstanding Code Section 12-3-10, in wildlife management areas notwithstanding Code Section 27-3-1.1 and 27-3-6, and in public transportation notwithstanding Code Sections 16-12-122 through 16-12-127; provided, however, that a person shall not carry a firearm into a place prohibited by federal law. (f) A person licensed or permitted to carry a firearm by this part shall not consume alcoholic beverages in a restaurant or other eating establishment while carrying a firearm. Any person violating this subsection shall be guilty of a misdemeanor." SECTION 5. Said part is further amended in Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property, by striking "or" at the end of paragraph (16), by replacing the period with "; or" at the end of paragraph (17), and by adding a new paragraph to subsection (c) to read as follows: "(18) Constables of any county of this state." SECTION 6. Said part is further amended by revising subsection (d) of Code Section 16-11-129, relating to a license to carry a pistol or revolver and temporary renewal permits, and by adding a new subsection to said Code section to read as follows: "(d) Investigation of applicant; issuance of license; renewal. (1) For both license applications and requests for license renewals, the judge of the probate court shall within two business days following the receipt of the application or request 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 within two business days following the receipt of the application or request 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 4870 JOURNAL OF THE SENATE 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 report to the judge of the probate court within 50 30 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 ten days after the date of the application the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a firearms license, the judge of the probate court shall issue the such applicant a license or renewal license to carry any pistol or revolver if no unless facts establishing ineligibility have been reported and if or unless the judge determines the such applicant has not met all the qualifications, is not of good moral character, and has complied or has failed to comply with all any of the requirements contained in this Code section. The judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court." "(j) When an eligible applicant who is a United States citizen fails to receive a license, temporary permit, or renewal license within the time period required by this Code section and the application or request has been properly filed, the applicant may bring an action in mandamus or other legal proceeding in order to obtain a license, temporary license, or renewal license, and such applicant shall be entitled to recover his or her costs in such action, including reasonable attorneys fees." SECTION 7. Said part is further amended by adding a new Code section to read as follows: "16-11-135. (a) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall establish, maintain, or enforce any policy or rule that has the effect of allowing such employer or its agents to search the locked privately owned vehicles of employees or invited guests on the employers parking lot and access thereto. (b) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall condition employment upon any agreement by a prospective employee that prohibits an employee from entering the parking lot and access thereto when the employees privately owned motor vehicle contains a firearm that is locked out of sight within the trunk, glove box, or other enclosed compartment or area within such privately owned motor vehicle, provided that any applicable employees possess a Georgia firearms license. (c) Subsection (a) of this Code section shall not apply: FRIDAY, APRIL 4, 2008 4871 (1) To searches by certified law enforcement officers pursuant to valid search warrants or valid warrantless searches based upon probable cause under exigent circumstances; (2) To vehicles owned or leased by an employer; (3) To any situation in which a reasonable person would believe that accessing a locked vehicle of an employee is necessary to prevent an immediate threat to human health, life, or safety; or (4) When an employee consents to a search of their locked privately owned vehicle by licensed private security officers for loss prevention purposes based on probable cause that the employee unlawfully possesses employer property. (d) Subsections (a) and (b) of this Code section shall not apply: (1) To an employer providing applicable employees with a secure parking area which restricts general public access through the use of a gate, security station, security officers, or other similar means which limit public access into the parking area, provided that any employer policy allowing vehicle searches upon entry shall be applicable to all vehicles entering the property and applied on a uniform and frequent basis; (2) To any penal institution, correctional institution, detention facility, diversion center, jail, or similar place of confinement or confinement alternative; (3) To facilities associated with electric generation owned or operated by a public utility; (4) To any United States Department of Defense contractor, if such contractor operates any facility on or contiguous with a United States military base or installation or within one mile of an airport; (5) To an employee who is restricted from carrying or possessing a firearm on the employers premises due to a completed or pending disciplinary action; (6) Where transport of a firearm on the premises of the employer is prohibited by state or federal law or regulation; (7) To parking lots contiguous to facilities providing natural gas transmission, liquid petroleum transmission, water storage and supply, and law enforcement services determined to be so vital to the State of Georgia, by a written determination of the Georgia Department of Homeland Security, that the incapacity or destruction of such systems and assets would have a debilitating impact on public health or safety; or (8) To any area used for parking on a temporary basis. (e) No employer, property owner, or property owners agent shall be held liable in any criminal or civil action for damages resulting from or arising out of an occurrence involving the transportation, storage, possession, or use of a firearm, including, but not limited to, the theft of a firearm from an employees automobile, pursuant to this Code section unless such employer commits a criminal act involving the use of a firearm or unless the employer knew that the person using such firearm would commit such criminal act on the employers premises. Nothing contained in this Code section shall create a new duty on the part of the employer, property owner, or property owners agent. An employee at will shall have no greater interest in employment created by this 4872 JOURNAL OF THE SENATE Code section and shall remain an employee at will. (f) In any action relating to the enforcement of any right or obligation under this Code section, an employer, property owner, or property owners agents efforts to comply with other applicable federal, state, or local safety laws, regulations, guidelines, or ordinances shall be a complete defense to any employer, property owner, or property owners agents liability. (g) In any action brought against an employer, employers agent, property owner, or property owners agent relating to the criminal use of firearms in the workplace, the plaintiff shall be liable for all legal costs of such employer, employers agent, property owner, or property owners agent if such action is concluded in such employer, employers agent, property owner, or property owners agents favor. (h) This Code section shall not be construed so as to require an employer, property owner, or property owners agent to implement any additional security measures for the protection of employees, customers, or other persons. Implementation of remedial security measures to provide protection to employees, customers, or other persons shall not be admissible in evidence to show prior negligence or breach of duty of an employer, property owner, or property owners agent in any action against such employer, its officers or shareholders, or property owners. (i) All actions brought based upon a violation of subsection (a) of this Code section shall be brought exclusively by the Attorney General. (j) In the event that subsection (e) of this Code section is declared or adjudged by any court to be invalid or unconstitutional for any reason, the remaining portions of this Code section shall be invalid and of no further force or effect. The General Assembly declares that it would not have enacted the remaining provisions of this Code section if it had known that such portion hereof would be declared or adjudged invalid or unconstitutional. (k) Nothing in this Code section shall restrict the rights of private property owners or persons in legal control of property through a lease, a rental agreement, a contract, or any other agreement to control access to such property. When a private property owner or person in legal control of property through a lease, a rental agreement, a contract, or any other agreement is also an employer, his or her rights as a private property owner or person in legal control of property shall govern." SECTION 8. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by revising Code Section 51-1-29.2 as follows: "51-1-29.2. Any natural person and any association, fraternal organization, private for profit entity, not for profit entity, religious organization, or charitable organization and the officers, directors, employees, and agents of such associations, organizations, and entities, when such persons, associations, organizations, or entities are working in coordination and under the direction of an appropriate state agency, who voluntarily and without the expectation or receipt of compensation provides services or goods in preparation for, FRIDAY, APRIL 4, 2008 4873 anticipation of, or during a time of emergency and in a place of emergency as declared by the Governor for the benefit of any individual natural person or his or her property to prevent or minimize harm to such natural person or to prevent, minimize, and repair injury and damage to such persons property resulting from biological, chemical, or nuclear agents; terrorism; pandemics or epidemics of infectious disease; or catastrophic acts of nature, including, but not limited to, fire, flood, earthquake, wind, storm, or wave action, or any other occurrence which warrants the declaration of a state of emergency or disaster by the Governor pursuant to Code Section 38-3-51 or by a federal agency shall not be civilly liable to any individual natural person receiving such assistance as a result of any act or omission in rendering such service if such natural person, association, organization, or entity was acting in good faith and unless the damage or injury was caused by the willful or wanton negligence or misconduct of such natural person, association, organization, or entity. Nothing in this Code section shall be construed to amend, repeal, alter, or affect in any manner any other provision of law granting immunity or limiting liability. Nothing in this Code section shall be construed to abrogate the sovereign immunity of this state as to all actions executed by any party under this Code section." SECTION 9. All laws and parts of laws in conflict with this Act are repealed. Senator Williams of the 19th moved the previous question. Senator Thompson of the 33rd objected. On the motion, the yeas were 30, nays 17 the motion prevailed and the previous question was ordered. Senator Rogers of the 21st moved that the Senate adopt the Conference Committee Report on HB 89. 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 Carter Y Chance Y Chapman Y Cowsert N Davenport Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson N Jones Y Me V Bremen Y Schaefer Y Seabaugh N Seay Y Shafer,D Y Smith Y Staton C Stoner N Tarver N Tate Y Thomas,D 4874 JOURNAL OF THE SENATE Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Moody Y Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey N Reed Y Rogers N Thomas,R Y Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 40, nays 15; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 89. The following Senators were excused for business outside the Senate Chamber: Adelman of the 42nd Rogers of the 21st Seabaugh of the 28th Senator Hawkins of the 49th asked unanimous consent that HB 367, having been placed on the Table on Wednesday, April 2, 2008, be taken from the Table. The consent was granted, and HB 367 was taken from the Table. Pursuant to Senate Rule 4-2.10(a), HB 367, having been taken from the Table, was put upon its passage. HB 367. By Representatives Carter of the 159th, Stephens of the 164th, Parrish of the 156th, Parham of the 141st and Jerguson of the 22nd: A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 26 of the O.C.G.A., relating to prescription drugs, so as to eliminate redundant language relating to what constitutes the practice of medicine; to provide for the substitution of therapeutically equivalent drugs; to provide for requirements for therapeutically equivalent substitutions; to provide that a substitution shall not constitute the practice of medicine; to amend Article 1 of Chapter 24 of Title 33 of the O.C.G.A., relating to insurance generally, so as to define certain terms; to provide for health insurance coverage for therapeutically equivalent substitutions under certain circumstances; to provide for statutory construction; to provide for enforcement by the Commissioner of Insurance; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hawkins of the 49th. The Senate Health and Human Services Committee offered the following substitute to HB 367: FRIDAY, APRIL 4, 2008 4875 A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to define certain terms; to provide for health insurance coverage for nonformulary drug products and nonpreferred drug products for a limited supply under certain conditions; to provide for statutory construction; to provide for enforcement by the Commissioner of Insurance; to provide for monetary penalties for violations; to specify that a private cause of action is not created; 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 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by inserting a new Code section to read as follows: "33-24-59.13. (a) As used in this Code section, the term: (1) 'Health benefit plan' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, or renewed in this state by a health benefit plan provider, including, but not limited to, those policies, plans, or contracts executed by the State of Georgia on behalf of state employees under Article 1 of Chapter 18 of Title 45. (2) 'Health benefit plan provider' means an insurance company, carrier, or similar third-party payor plan. (b) Every health benefit plan that is delivered, issued, executed, or renewed in this state or approved for issuance or renewal in this state by the Commissioner on or after July 1, 2008, which provides coverage for prescription drugs shall ensure that if a physician prescribes a drug product that is not on the health benefit plan providers formulary or preferred drug list for the patients health benefit plan, a pharmacist may dispense such prescribed drug product and the health benefit plan provider shall cover such nonformulary drug product or nonpreferred drug product for up to a ten-day supply for each prescription but not more than once per year in order to allow time for the pharmacist or patient to contact the physician for approval of an alternate drug product that is on the formulary or preferred drug list or to obtain prior approval from the health benefit plan provider or its pharmacy benefits manager for the prescribed drug product; provided, however, that the health benefit plan provider shall not impose any penalty against the pharmacist or the patient, including, but not limited to, a higher copayment on the nonformulary drug product or nonpreferred drug product, for complying with the requirements of this subsection. (c) Nothing in this Code section shall be construed to require any health benefit plan to include coverage for prescription drugs. Moreover, nothing in this Code section shall be construed to permit switching or substitution of a drug prescribed by a physician in 4876 JOURNAL OF THE SENATE any circumstance except as provided for in this Code section. (d) The Commissioner is authorized to enforce this Code section and shall be authorized to impose on a health benefit plan provider a monetary penalty of $500.00 for a violation of this Code section. If a monetary penalty is imposed by the Commissioner on a health benefit plan provider pursuant to this subsection, the health benefit plan provider may invoke the right to an administrative hearing in accordance with Chapter 2 of Title 33. Further, the Commissioner may exercise the powers granted by Code Section 33-2-24 and any other provision of this title. (e) Nothing in this Code section shall be construed to create or imply a private cause of action for a violation of this Code section." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Hawkins of the 49th offered the following amendment #1: Amend HB 367 (LC 36 1095S) by inserting after "created;" on line 6 of page 1 the following: to amend Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, so as to provide for refills; By inserting between lines 21 and 22 of page 2 the following: SECTION 2A. Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, is amended by adding to the end of subsection (g) of Code Section 264-81, relating to substitution, a sentence to read as follows: "A practitioner of the healing arts licensed in this state to prescribe drugs may specify a generic manufacturer by indicating such designation on the prescription. An indication by a practitioner of the healing arts described in this subsection shall apply to all refills of such prescription." On the adoption of the amendment, there were no objections, and the Hawkins amendment #1 to the committee substitute was adopted. Senator Hawkins of the 49th offered the following amendment #2: Amend HB 367 (LC 36 1095S) by inserting after "created;" on line 6 of page 1 the following: to amend Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, so as to prohibit the substitution of certain drugs; By inserting between lines 21 and 22 of page 2 the following: FRIDAY, APRIL 4, 2008 4877 SECTION 2B. Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, is amended by inserting a new Code section to read as follows: "26-4-81.1. A pharmacist shall not engage in substitution of any drug prescribed to inhibit or prevent immune system activity as part of immunosuppressive therapy for a patient who has received an organ or tissue transplant that might increase the probability of the rejection of such transplant or of any drug or formulation thereof prescribed for the treatment of epilepsy or used to treat or prevent seizures without the consent of the prescribing physician. If the pharmacist, after reasonable attempts, is unable to contact the prescribing physician as required under this Code section, the pharmacist may substitute a generically equivalent immunosuppressive drug or a generically equivalent drug used expressly for control of epileptic seizures for a period of no more than 72 hours. When permitted by this Code section, a pharmacist may substitute a generic version by one manufacturer for a generic version by another manufacturer if both versions are AB rated by the federal Food and Drug Administration. This Code section shall not apply to a pharmacist who is a member of the staff of and dispenses drugs from the pharmacy of a hospital issued a permit as an institution under Code Section 31-7-1." On the adoption of the amendment, there were no objections, and the Hawkins amendment #2 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, 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: C Adelman Y Balfour N Brown Y Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Heath Y Henson Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody C Mullis Y Murphy Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S 4878 JOURNAL OF THE SENATE Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Orrock Y Pearson Y Powell Y Ramsey Y Reed C Rogers Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 48, nays 2. HB 367, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Balfour of the 9th Pearson of the 51st The following bill was taken up to consider House action thereto: SB 12. By Senators Shafer of the 48th, Rogers of the 21st, Hill of the 4th, Goggans of the 7th, Moody of the 56th and others: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," so as to eliminate provisions relating to the annual continuation budget report; to provide for the periodic application of zero-base budgeting to the budget process; to provide for analysis of departmental and program objectives; to provide for consideration of alternative funding levels; to provide for departmental priority lists; 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 Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," so as to provide for the application of zero-base budgeting to the budget process; to provide for analysis of departmental and program objectives; to provide for consideration of alternative funding levels; to provide for departmental priority lists; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: FRIDAY, APRIL 4, 2008 4879 SECTION 1. Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," is amended by adding a new Code section to read as follows: "45-12-75.1. (a) The Governor in preparing his or her budget report under Code Section 45-12-75, and budget units in preparing their budget estimates under Code Section 45-12-78, shall make use of zero-base budgeting as provided in this Code section. The requirements of this Code section shall apply with respect to the budget report presented to the General Assembly in January of 2008 and each year thereafter. (b) It is the intent of this Code section that in any given year the Governors budget report shall include zero-base budgeting for no more than one third nor less than one quarter of all the programs in the most recently passed General Appropriations Act. The Office of Planning and Budget shall determine which programs shall submit zerobase budget recommendations in each year, except that no program shall use zero-base budgeting more often than once every four years. (c) In the years in which zero-base budgeting applies, each budget unit shall include in its budget estimate an analysis summarizing past and proposed spending plans by program and revenue source. Information presented shall include the following: (1) A statement of the budget units departmental and program purposes; effectiveness, efficiency, and equity measures; and program size indicators; (2) At least three alternative funding levels for each program and revenue source with effectiveness, efficiency, and equity measures and program size indicators detailed for each alternative funding level; and (3) A priority listing encompassing all alternative funding levels for all programs. (d) In the years in which zero-base budgeting applies, the Governor shall include in the budget report relevant materials related to each budget units submission under subsection (c) of this Code section and such other relevant material as deemed appropriate by the Governor. (e) Without in any way limiting the generality of the other provisions of this Code section, it is specifically provided that the Board of Regents of the University System of Georgia shall be a budget unit subject to this Code section and the programs of the board of regents shall be periodically subject to zero-base budgeting as provided for in this Code section." SECTION 2. 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 12 as amended by the following amendment: Amend the House version of SB 12 by striking the numerals "2008" and replacing them with "2010" on line 16 of page 1 4880 JOURNAL OF THE SENATE 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Y Grant Hamrick Y Harbison Y Harp Y Hawkins Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody C Mullis Y Murphy Orrock E Pearson Y Powell Y Ramsey Y Reed C Rogers Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 12 as amended by the Senate. The following bill was taken up to consider House action thereto: SB 433. By Senators Williams of the 19th, Rogers of the 21st, Johnson of the 1st, Mullis of the 53rd, Moody of the 56th and others: A BILL to be entitled an Act to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to provide that certain destination cancer hospitals are subject to certificate of need requirements; to add a definition and revise a definition; to provide certain conditions relating to certificates of need for new institutional health services; to provide considerations for qualification for issuance of certificates of need relating to destination cancer hospitals; to provide for penalties for destination cancer hospitals which fail to comply with minimum requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: FRIDAY, APRIL 4, 2008 4881 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 extensive revision of the certificate of need program; to revise and add definitions; to revise the declaration of policy for state health planning; to revise the composition and duties of the Health Strategies Council; to revise the duties of the Department of Community Health; to revise provisions relating to requirements for certificate of need; to provide for destination cancer hospitals; to allow for set times to accept applications for capital projects; to provide for the establishment of conditions for approval of a certificate of need; to change certain provisions relating to perinatal services; to provide for certain facilities to divide; to change certain provisions relating to considerations; to provide for a letter of intent for proposed new clinical health services; to provide for batching and comparative review of applications for clinical health services; to revise provisions relating to time frames for review of applications; to provide for the imposition of a temporary moratorium on the issuance of certificates of need for new and emerging health care services; to reassign the hearing functions from the Health Planning Review Board to a Certificate of Need Appeal Panel; to revise provisions relating to judicial review of a final agency decision; to add grounds for which a certificate of need may be revoked; to provide that a portion of a certificate of need may be revoked under certain circumstances; to increase the penalties for services conducted without a required certificate of need; to provide for investigating authority of the department; to provide that applicants for certificates of need may be required to participate as a provider of medical assistance for purposes of Medicaid; to change certain provisions relating to an annual report; to add, revise, and delete certain exemptions to the certificate of need requirements; to authorize the Department of Community Health to require notice and its certification that an activity is exempt from the certificate of need requirements; to provide for the transfer of certain functions relating to the state health plan to the Board of Community Health from the Health Strategies Council; to abolish the Health Planning Review Board; to transfer pending matters of the Health Planning Review Board to the Certificate of Need Appeal Panel; to revise a provision relating to application of review procedures to expenditures under a federal law; to require health care facilities and other entities to submit annual reports to the Department of Community Health; to increase the penalties for untimely and incomplete reports; to transfer licensing of hospitals and other health care facilities from the Department of Human Resources to the Department of Community Health; to provide for transition; to provide for licensure standards on a clinical service level for hospitals and related institutions; to amend various other titles of the Official Code of Georgia Annotated so as to revise provisions 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: 4882 JOURNAL OF THE SENATE PART I Revision of Certificate of Need Program. SECTION 1-1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising Chapter 6, relating to state health planning and development, as follows: "ARTICLE 1 31-6-1. The policy of this state and the purposes of this chapter are to ensure access to quality health care services and to ensure that adequate health care services and facilities are developed in an orderly and economical manner and are made available to all citizens and that only those health care services found to be in the public interest shall be provided in this state. To achieve this such public policy and purpose and purposes, it is essential that appropriate health planning activities be undertaken and implemented and that a system of mandatory review of new institutional health services be provided. Health care services and facilities should be provided in a manner that avoids unnecessary duplication of services, that is cost effective, that provides quality health care services, and that is compatible with the health care needs of the various areas and populations of the state. 31-6-2. As used in this chapter, the term: (1) 'Ambulatory surgical center or obstetrical facility' means a public or private facility, not a part of a hospital, which provides surgical or obstetrical treatment performed under general or regional anesthesia in an operating room environment to patients not requiring hospitalization. (2) 'Application' means a written request for a certificate of need made to the department, containing such documentation and information as the department may require. (3) 'Basic perinatal services' means providing basic inpatient care for pregnant women and newborns without complications; managing perinatal emergencies; consulting with and referring to specialty and subspecialty hospitals; identifying highrisk pregnancies; providing follow-up care for new mothers and infants; and providing public/community education on perinatal health. (3)(4) 'Bed capacity' means space used exclusively for inpatient care, including space designed or remodeled for inpatient beds even though temporarily not used for such purposes. The number of beds to be counted in any patient room shall be the maximum number for which adequate square footage is provided as established by rules of the Department of Human Resources department, except that single beds in single rooms shall be counted even if the room contains inadequate square footage. (5) 'Board' means the Board of Community Health. (4)(6) 'Certificate of need' means an official determination by the department, FRIDAY, APRIL 4, 2008 4883 evidenced by certification issued pursuant to an application, that the action proposed in the application satisfies and complies with the criteria contained in this chapter and rules promulgated pursuant hereto. (7) 'Certificate of Need Appeal Panel' or 'appeal panel' means the panel of independent hearing officers created pursuant to Code Section 31-6-44 to conduct appeal hearings. (5)(8) 'Clinical health services' means diagnostic, treatment, or rehabilitative services provided in a health care facility, or parts of the physical plant where such services are located in a health care facility, and includes, but is not limited to, the following: radiology and diagnostic imaging, such as magnetic resonance imaging and positron emission tomography; radiation therapy; biliary lithotripsy; surgery; intensive care; coronary care; pediatrics; gynecology; obstetrics; general medical care; medical/surgical care; inpatient nursing care, whether intermediate, skilled, or extended care; cardiac catheterization; open-heart surgery; inpatient rehabilitation; and alcohol, drug abuse, and mental health services. (9) 'Commissioner' means the Commissioner of the Department of Community Health. (6)(10) 'Consumer' means a person who is not employed by any health care facility or provider and who has no financial or fiduciary interest in any health care facility or provider. (6.1)(11) 'Continuing care retirement community' means an organization, whether operated for profit or not, whose owner or operator undertakes to provide shelter, food, and either nursing care or personal services, whether such nursing care or personal services are provided in the facility or in another setting, and other services, as designated by agreement, to an individual not related by consanguinity or affinity to such owner or operator providing such care pursuant to an agreement for a fixed or variable fee, or for any other remuneration of any type, whether fixed or variable, for the period of care, payable in a lump sum or lump sum and monthly maintenance charges or in installments. Agreements to provide continuing care include agreements to provide care for any duration, including agreements that are terminable by either party. (12) 'Department' means the Department of Community Health established under Chapter 5A of this title. (13) 'Destination cancer hospital' means an institution with a licensed bed capacity of 50 or less which provides diagnostic, therapeutic, treatment, and rehabilitative care services to cancer inpatients and outpatients, by or under the supervision of physicians, and whose proposed annual patient base is composed of a minimum of 65 percent of patients who reside outside of the State of Georgia. (7)(14) 'Develop,' with reference to a project, means: (A) Constructing, remodeling, installing, or proceeding with a project, or any part of a project, or a capital expenditure project, the cost estimate for which exceeds $900,000.00 $2,500,000.00; or (B) The expenditure or commitment of funds exceeding $500,000.00 $1,000,000.00 4884 JOURNAL OF THE SENATE for orders, purchases, leases, or acquisitions through other comparable arrangements of major medical equipment; provided, however, that this shall not include build out costs, as defined by the department, but shall include all functionally related equipment, software, and any warranty and services contract costs for the first five years. Notwithstanding subparagraphs (A) and (B) of this paragraph, the expenditure or commitment or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications, or working drawings or to acquire, develop, or prepare sites shall not be considered to be the developing of a project. (15) 'Diagnostic imaging' means magnetic resonance imaging, computed tomography (CT) scanning, positron emission tomography (PET) scanning, positron emission tomography/computed tomography, and other advanced imaging services as defined by the department by rule, but such term shall not include X-rays, fluoroscopy, or ultrasound services. (7.1)(16) 'Diagnostic, treatment, or rehabilitation center' means any professional or business undertaking, whether for profit or not for profit, which offers or proposes to offer any clinical health service in a setting which is not part of a hospital; provided, however, that any such diagnostic, treatment, or rehabilitation center that offers or proposes to offer surgery in an operating room environment and to allow patients to remain more than 23 hours shall be considered a hospital for purposes of this chapter. (8)(17) 'Health care facility' means hospitals; destination cancer hospitals; other special care units, including but not limited to podiatric facilities; skilled nursing facilities; intermediate care facilities; personal care homes; ambulatory surgical centers or obstetrical facilities; health maintenance organizations; home health agencies; and diagnostic, treatment, or rehabilitation centers, but only to the extent that subparagraph (G) or (H), or both subparagraphs (G) and (H), of paragraph (14) of this Code section paragraph (3) or (7), or both paragraphs (3) and (7), of subsection (a) of Code Section 31-6-40 are applicable thereto; and facilities which are devoted to the provision of treatment and rehabilitative care for periods continuing for 24 hours or longer for persons who have traumatic brain injury, as defined in Code Section 373-1. (9)(18) 'Health maintenance organization' means a public or private organization organized under the laws of this state which: (A) Provides or otherwise makes available to enrolled participants health care services, including at least the following basic health care services: usual physicians services, hospitalization, laboratory, X-ray, emergency and preventive services, and out-of-area coverage; (B) Is compensated, except for copayments, for the provision of the basic health care services listed in subparagraph (A) of this paragraph to enrolled participants on a predetermined periodic rate basis; and (C) Provides physicians services primarily: (i) Directly through physicians who are either employees or partners of such FRIDAY, APRIL 4, 2008 4885 organization; or (ii) Through arrangements with individual physicians organized on a group practice or individual practice basis. (10)(19) 'Health Strategies Council' or 'council' means the body created by this chapter to advise the Department of Community Health. (11)(20) 'Home health agency' means a public agency or private organization, or a subdivision of such an agency or organization, which is primarily engaged in providing to individuals who are under a written plan of care of a physician, on a visiting basis in the places of residence used as such individuals homes, part-time or intermittent nursing care provided by or under the supervision of a registered professional nurse, and one or more of the following services: (A) Physical therapy; (B) Occupational therapy; (C) Speech therapy; (D) Medical social services under the direction of a physician; or (E) Part-time or intermittent services of a home health aide. (12)(21) 'Hospital' means an institution which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons or rehabilitation services for the rehabilitation of injured, disabled, or sick persons. Such term includes public, private, psychiatric, rehabilitative, geriatric, osteopathic, and other specialty hospitals. (13)(22) 'Intermediate care facility' means an institution which provides, on a regular basis, health related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designed to provide but who, because of their mental or physical condition, require health related care and services beyond the provision of room and board. (23) 'Joint venture ambulatory surgical center' means a freestanding ambulatory surgical center that is jointly owned by a hospital in the same county as the center or a hospital in an contiguous county if there is no hospital in the same county as the center and a single group of physicians practicing in the center and that provides surgery in a single specialty as defined by the department; provided, however, that general surgery, a group practice which includes one or more physiatrists who perform services that are reasonably related to the surgical procedures performed in the center, and a group practice in orthopedics which includes plastic hand surgeons with a certificate of added qualifications in Surgery of the Hand from the American Board of Plastic and Reconstructive Surgery shall be considered a single specialty. The ownership interest of the hospital shall be no less than 30 percent and the collective ownership of the physicians or group of physicians shall be no less than 30 percent. (24) 'New and emerging health care service' means a health care service or utilization of medical equipment which has been developed and has become acceptable or available for implementation or use but which has not yet been addressed under the 4886 JOURNAL OF THE SENATE rules and regulations promulgated by the department pursuant to this chapter. (14) 'New institutional health service' means: (A) The construction, development, or other establishment of a new health care facility; (B) Any expenditure by or on behalf of a health care facility in excess of $900,000.00 which, under generally accepted accounting principles consistently applied, is a capital expenditure, except expenditures for acquisition of an existing health care facility not owned or operated by or on behalf of a political subdivision of this state, or any combination of such political subdivisions, or by or on behalf of a hospital authority, as defined in Article 4 of Chapter 7 of this title or certificate of need owned by such facility in connection with its acquisition; (C) Any increase in the bed capacity of a health care facility except as provided in Code Section 31-6-47; (D) Clinical health services which are offered in or through a health care facility, which were not offered on a regular basis in or through such health care facility within the 12 month period prior to the time such services would be offered; (E) Any conversion or upgrading of a facility such that it is converted from a type of facility not covered by this chapter to any of the types of health care facilities which are covered by this chapter; (F) The purchase or lease by or on behalf of a health care facility of diagnostic or therapeutic equipment with a value in excess of $500,000.00. The acquisition of one or more items of functionally related diagnostic or therapeutic equipment shall be considered as one project; (G) Clinical health services which are offered in or through a diagnostic, treatment, or rehabilitation center which were not offered on a regular basis in or through that center within the 12 month period prior to the time such services would be offered, but only if the clinical health services are any of the following: (i) Radiation therapy; (ii) Biliary lithotripsy; (iii) Surgery in an operating room environment, including but not limited to ambulatory surgery; provided, however, this provision shall not apply to surgery performed in the offices of an individual private physician or single group practice of private physicians if such surgery is performed in a facility that is owned, operated, and utilized by such physicians who also are of a single specialty and the capital expenditure associated with the construction, development, or other establishment of the clinical health service does not exceed the amount of $1 million; and (iv) Cardiac catheterization; or (H) The purchase, lease, or other use by or on behalf of a diagnostic, treatment, or rehabilitation center of diagnostic or therapeutic equipment with a value in excess of $500,000.00. The acquisition of one or more items of functionally related diagnostic or therapeutic equipment shall be considered as one project. The dollar amounts specified in subparagraphs (B), (F), and (H) of this paragraph, FRIDAY, APRIL 4, 2008 4887 division (iii) of subparagraph (G) of this paragraph, and of paragraph (7) of this Code section shall be adjusted annually by an amount calculated by multiplying such dollar amounts (as adjusted for the preceding year) by the annual percentage of change in the composite construction index, or its successor or appropriate replacement index, if any, published by the Bureau of the Census of the Department of Commerce of the United States government for the preceding calendar year, commencing on July 1, 1991, and on each anniversary thereafter of publication of the index. The department shall immediately institute rule-making procedures to adopt such adjusted dollar amounts. In calculating the dollar amounts of a proposed project for purposes of subparagraphs (B), (F), and (H) of this paragraph, division (iii) of subparagraph (G) of this paragraph, and of paragraph (7) of this Code section, the costs of all items subject to review by this chapter and items not subject to review by this chapter associated with and simultaneously developed or proposed with the project shall be counted, except for the expenditure or commitment of or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications or working drawings, or to acquire sites. (15)(25) 'Nonclinical health services' means services or functions provided or performed by a health care facility, and the parts of the physical plant where they are located in a health care facility that are not diagnostic, therapeutic, or rehabilitative services to patients and are not clinical health services defined in this chapter. (16)(26) 'Offer' means that the health care facility is open for the acceptance of patients or performance of services and has qualified personnel, equipment, and supplies necessary to provide specified clinical health services. (16.1)(27) 'Operating room environment' means an environment which meets the minimum physical plant and operational standards specified on January 1, 1991, for ambulatory surgical treatment centers in Section 290-5-33-.10 of in the rules of the Department of Human Resources department which shall consider and use the design and construction specifications as set forth in the Guidelines for Design and Construction of Health Care Facilities published by the American Institute of Architects. (28) 'Pediatric cardiac catheterization' means the performance of angiographic, physiologic, and as appropriate, therapeutic cardiac catheterization on children 14 years of age or younger. (17)(29) 'Person' means any individual, trust or estate, partnership, limited liability company or partnership, corporation (including associations, joint-stock companies, and insurance companies), state, political subdivision, hospital authority, or instrumentality (including a municipal corporation) of a state as defined in the laws of this state. This term shall include all related parties, including individuals, business corporations, general partnerships, limited partnerships, limited liability companies, limited liability partnerships, joint ventures, nonprofit corporations, or any other for profit or not for profit entity that owns or controls, is owned or controlled by, or operates under common ownership or control with a person. 4888 JOURNAL OF THE SENATE (18)(30) 'Personal care home' means a residential facility that is certified as a provider of medical assistance for Medicaid purposes pursuant to Article 7 of Chapter 4 of Title 49 having at least 25 beds and providing, for compensation, protective care and oversight of ambulatory, nonrelated persons who need a monitored environment but who do not have injuries or disabilities which require chronic or convalescent care, including medical, nursing, or intermediate care. Personal care homes include those facilities which monitor daily residents functioning and location, have the capability for crisis intervention, and provide supervision in areas of nutrition, medication, and provision of transient medical care. Such term does not include: (A) Old age residences which are devoted to independent living units with kitchen facilities in which residents have the option of preparing and serving some or all of their own meals; or (B) Boarding facilities which do not provide personal care. (19) Reserved. (20)(31) 'Project' means a proposal to take an action for which a certificate of need is required under this chapter. A project or proposed project may refer to the proposal from its earliest planning stages up through the point at which the new institutional health service is offered. (21) 'Review board' means the Health Planning Review Board created by this chapter (32) 'Rural county' means a county having a population of less than 35,000 according to the United States decennial census of 2000 or any future such census. (33) 'Single specialty ambulatory surgical center' means an ambulatory surgical center where surgery is performed in the offices of an individual private physician or single group practice of private physicians if such surgery is performed in a facility that is owned, operated, and utilized by such physicians who also are of a single specialty; provided, however, that general surgery, a group practice which includes one or more physiatrists who perform services that are reasonably related to the surgical procedures performed in the center, and a group practice in orthopedics which includes plastic hand surgeons with a certificate of added qualifications in Surgery of the Hand from the American Board of Plastic and Reconstructive Surgery shall be considered a single specialty. (22)(34) 'Skilled nursing facility' means a public or private institution or a distinct part of an institution which is primarily engaged in providing inpatient skilled nursing care and related services for patients who require medical or nursing care or rehabilitation services for the rehabilitation of injured, disabled, or sick persons. (35) 'Specialty hospital' means a hospital that is primarily or exclusively engaged in the care and treatment of one of the following: patients with a cardiac condition, patients with an orthopedic condition, patients receiving a surgical procedure, or patients receiving any other specialized category of services defined by the department. A 'specialty hospital' does not include a destination cancer hospital. (23)(36) 'State health plan' means a comprehensive program based on recommendations by the Health Strategies Council and the board, approved by the Governor, and implemented by the State of Georgia for the purpose of providing FRIDAY, APRIL 4, 2008 4889 adequate health care services and facilities throughout the state. (37) 'Uncompensated indigent or charity care' means the dollar amount of 'net uncompensated indigent or charity care after direct and indirect (all) compensation' as defined by, and calculated in accordance with, the departments Hospital Financial Survey and related instructions. (38) 'Urban county' means a county having a population equal to or greater than 35,000 according to the United States decennial census of 2000 or any future such census. ARTICLE 2 31-6-20. (a) There is created a newly reconstituted Health Strategies Council to be appointed by the Governor, subject to confirmation by the Senate. Any appointment made when the Senate is not in session shall be effective until the appointment is acted upon by the Senate. The newly reconstituted Health Strategies Council shall be the successor to the Health Policy Council Health Strategies Council as it existed on June 30, 2008. Those members of the previously existing Health Policy Council Health Strategies Council who are serving as such on January 1, 1991 June 30, 2008, shall have their terms expire on June 30, 2008, shall continue to serve until July 1, 1991, at which time their terms shall expire and that council shall be abolished. On and after that date the council shall be composed of 25 13 members, except as otherwise provided for in subsection (b) of this Code section. Of those members, at least one One member shall be appointed from each congressional district. The council shall be composed as follows: (1) One member representing county governments; (2) One member representing the private insurance industry; (3) Ten members representing health care providers as follows: (A)(2) One member representing rural hospitals; (B)(3) One member representing urban hospitals; (C)(4) One member who is a primary care physician in the active practice of medicine; (D)(5) One member who is a physician in a board certified specialty in the active practice of medicine; (E) One member who is a registered professional nurse; (F) One member who is a registered professional nurse who is certified as a nurse practitioner; (G)(6) One member representing nursing homes; (H)(7) One member representing home health agencies; (I)(8) One member representing freestanding ambulatory surgical centers primary care centers; and; (J) One member who is a primary care dentist; (4) Ten consumer representatives who are knowledgeable as to health care needs in the fields they represent but who have no financial interest in the health care industry as follows: 4890 JOURNAL OF THE SENATE (A)(9) One member representing health care needs of women; (B) One member representing health care needs of children; (C)(10) One member representing health care needs of the disabled and elderly; (D) (11) One member representing mental health care needs of the elderly; (E)(12) One member representing health care needs of low-income indigent persons; and (F)(13) One member representing health care needs of small business personnel; (G) One member representing health care needs of large business personnel; (H) One member representing health care needs of labor organization members; and (I) Two members who represent populations with special health care access problems; and (5) Three at-large members. (b) If the state obtains an one or more additional member members of the United States House of Representatives as a result of reapportionment, the Governor shall appoint, subject to confirmation by the Senate, from the each new congressional district thus created one member representing local or county governments health care provider member who meets the requirements of subparagraph (a)(3)(J) of this Code section and one consumer member who meets the requirements of subparagraph (a)(4)(I) of this Code section as to a population specified in those subparagraphs which is not then represented on the council. With the addition of these two members, the council shall be composed of 27 members. (c) The initial members of the newly reconstituted council who are appointed to succeed those members whose terms expire July 1, 1991, shall take office July 1, 1991 2008, and 12 six of them shall be designated in such appointment to serve initial terms of office of two years and 13 seven of them shall be designated in such appointment to serve initial terms of office of four years. If two additional members are appointed to the council to represent a new congressional district as provided in subsection (b) of this Code section, one half shall be designated to serve an initial term of office which expires when the above initial two-year terms of office expire and one half shall be designated to serve an initial term of office which expires when the above initial fouryear terms of office expire. After the initial terms provided in this subsection, members of the council shall be appointed to serve for four-year terms of office. Members of the council shall serve out their terms of office and until their respective successors are appointed and qualified. (d) Members of the council shall be subject to removal: by (1) By the Governor after notice and opportunity for hearing for: incompetence, neglect of duty, or for failing (A) Inability or neglect to perform the duties required of members; (B) Incompetence; or (C) Dishonest conduct; or (2) For failure to attend at least 75 50 percent of the meetings of the council in any year; provided, however, that an absence caused by a medical condition or death of a FRIDAY, APRIL 4, 2008 4891 family member shall constitute an excused absence and shall not provide grounds for removal. Vacancies on the council shall be filled by appointment by the Governor, subject to confirmation by the Senate. (e) The Governor shall appoint the chairman chairperson of the council. A majority of the members of the council shall constitute a quorum. (f) The members of the council attending meetings of such council, or attending a subcommittee meeting thereof authorized by such council, shall receive no salary but shall be reimbursed for their expenses in attending meetings and for transportation costs as authorized by Code Section 45-7-21, which provides for the compensation and allowances of certain state officials. (g) The functions function of the council shall be to serve as an advisory body to the department and to: (1) Review, comment, and make recommendations to the board on components of the state health plan; and (2) Review and comment on proposed rules for the administration of this chapter, except emergency rules, as requested by the department; (3) Conduct an ongoing evaluation of Georgias existing health care resources for accessibility, including but not limited to financial, geographic, cultural, and administrative accessibility, quality, comprehensiveness, and cost; (4) Study long-term comprehensive approaches to providing health insurance coverage to the entire population; and (5) Perform such other functions as may be specified for the council by the department or its board. (h) The council shall prepare an annual report to the board and the General Assembly which presents information and updates on the functions outlined in subsection (g) of this Code section. The annual report shall include information for Georgias congressional delegation which highlights issues regarding federal laws and regulations influencing Medicaid and medicare, insurance and related tax laws, and long-term health care. The council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which it deems to be most effective and efficient. (i)(h) The council at the departments request shall involve and coordinate functions with such state entities as necessary. (j) As used in subsections (g), (h), and (i) of this Code section, the term: (1) 'Board' means the Board of Community Health established under Chapter 5A of this title. (2) 'Department' means the Department of Community Health established under Chapter 5A of this title. 31-6-21. (a) The Department of Community Health, established under Chapter 5A of this title, is authorized to administer the certificate of need program established under this chapter 4892 JOURNAL OF THE SENATE and, within the appropriations made available to the department by the General Assembly of Georgia and consistently with the laws of the State of Georgia, a state health plan adopted by the Health Strategies Council and approved by the board Board of Community Health. The department shall provide, by rule, for procedures to administer its functions until otherwise provided by the Board of Community Health. (b) The functions of the department shall be: (1) To conduct the health planning activities of the state and to implement those parts of the state health plan which relate to the government of the state; (2) To prepare and revise a draft state health plan; (3) To assist the seek advice, at its discretion, from the Health Strategies Council in the performance by the department of its functions pursuant to this chapter; (4) With the prior advice, comment, and recommendations of the Health Strategies Council, except with respect to emergency rules and regulations, to To adopt, promulgate, and implement rules and regulations sufficient to administer the provisions of this chapter including the certificate of need program; (5) To define, by rule, the form, content, schedules, and procedures for submission of applications for certificates of need and periodic reports; (6) To establish time periods and procedures consistent with this chapter to hold hearings and to obtain the viewpoints of interested persons prior to issuance or denial of a certificate of need; (7) To provide, by rule, for such fees as may be necessary to cover the costs of hearing officers, preparing the record for appeals before the such hearing officers and review board the Certificate of Need Appeal Panel of the decisions of the department, and other related administrative costs, which costs may include reasonable sharing between the department and the parties to appeal hearings; (8) To establish, by rule, need methodologies for new institutional health services and health facilities. In developing such need methodologies, the department shall, at a minimum, consider the demographic characteristics of the population, the health status of the population, service use patterns, standards and trends, financial and geographic accessibility, and market economics. The department shall establish service-specific need methodologies and criteria for at least the following clinical health services: short stay hospital beds, adult therapeutic cardiac catheterization, adult open heart surgery, pediatric cardiac catheterization and open heart surgery, Level II and III perinatal services, freestanding birthing centers, psychiatric and substance abuse inpatient programs, skilled nursing and intermediate care facilities, home health agencies, and continuing care retirement community sheltered facilities; (8)(9) To provide, by rule, for a reasonable and equitable fee schedule for certificate of need applications; (9)(10) To grant, deny, or revoke a certificate of need as applied for or as amended; and (10)(11) To perform powers and functions delegated by the Governor, which delegation may include the powers to carry out the duties and powers which have been delegated to the department under Section 1122 of the federal Social Security FRIDAY, APRIL 4, 2008 4893 Act of 1935, as amended. 31-6-21.1. (a) Rules of the department shall be adopted, promulgated, and implemented as provided in this Code section and in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the department shall not be required to comply with subsections (c) through (g) of Code Section 50-13-4. (b) The department shall transmit three copies of the notice provided for in paragraph (1) of subsection (a) of Code Section 50-13-4 to the legislative counsel. The copies shall be transmitted at least 30 days prior to that departments intended action. Within five days after receipt of the copies, if possible, the legislative counsel shall furnish the presiding officer of each house with a copy of the notice and mail a copy of the notice to each member of the Health and Human Services Committee of the Senate and each member of the Health and Human Services Committee of the House of Representatives. Each such rule and any part thereof shall be subject to the making of an objection by either such committee within 30 days of transmission of the rule to the members of such committee. Any rule or part thereof to which no objection is made by both such committees may become adopted by the department at the end of such 30 day period. The department may not adopt any such rule or part thereof which has been changed since having been submitted to those committees unless: (1) That change is to correct only typographical errors; (2) That change is approved in writing by both committees and that approval expressly exempts that change from being subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4; (3) That change is approved in writing by both committees and is again subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4; or (4) That change is again subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4 and the change is submitted and again subject to committee objection as provided in this subsection. Nothing in this subsection shall prohibit the department from adopting any rule or part thereof without adopting all of the rules submitted to the committees if the rule or part so adopted has not been changed since having been submitted to the committees and objection thereto was not made by both committees. (c) Any rule or part thereof to which an objection is made by both committees within the 30 day objection period under subsection (b) of this Code section shall not be adopted by the department and shall be invalid if so adopted. A rule or part thereof thus prohibited from being adopted shall be deemed to have been withdrawn by the department unless the department, within the first 15 days of the next regular session of the General Assembly, transmits written notification to each member of the objecting committees that the department does not intend to withdraw that rule or part thereof but intends to adopt the specified rule or part effective the day following adjournment sine die of that regular session. A resolution objecting to such intended adoption may be introduced in either branch of the General Assembly after the fifteenth day but before 4894 JOURNAL OF THE SENATE the thirtieth day of the session in which occurs the notification of intent not to withdraw a rule or part thereof. In the event the resolution is adopted by the branch of the General Assembly in which the resolution was introduced, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch to have that branch, within five days after receipt of the resolution, consider the resolution for purposes of objecting to the intended adoption of the rule or part thereof. Upon such resolution being adopted by two-thirds of the vote of each branch of the General Assembly, the rule or part thereof objected to in that resolution shall be disapproved and not adopted by the department. If the resolution is adopted by a majority but by less than two-thirds of the vote of each such branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of his a veto, or if no resolution is introduced objecting to the rule, or if the resolution introduced is not approved by at least a majority of the vote of each such branch, the rule shall automatically become adopted the day following adjournment sine die of that regular session. In the event of the Governors approval of the resolution, the rule shall be disapproved and not adopted by the department. (d) Any rule or part thereof which is objected to by only one committee under subsection (b) of this Code section and which is adopted by the department may be considered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of the department in adopting a proposed rule over such objection so to notify the chairmen chairpersons of the Health and Human Services Committee of the Senate and the Health and Human Services Committee of the House within ten days after the adoption of the rule. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by a majority but by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of his a veto, the rule shall remain in effect. In the event of his the Governors approval, the rule shall be void on the day after the date of his approval. (e) Except for emergency rules, no rule or part thereof adopted by the department after April 3, 1985, shall be valid unless adopted in compliance with subsections (b), (c), and (d) of this Code section and subsection (a) of Code Section 50-13-4. (f) Emergency rules shall not be subject to the requirements of subsection (b), (c), or (d) of this Code section but shall be subject to the requirements of subsection (b) of Code Section 50-13-4. Upon the first expiration of any department emergency rules, where those emergency rules are intended to cover matters which had been dealt with FRIDAY, APRIL 4, 2008 4895 by the departments nonemergency rules but such nonemergency rules have been objected to by both legislative committees under this Code section, the emergency rules concerning those matters may not again be adopted except for one 120 day period. No emergency rule or part thereof which is adopted by the department shall be valid unless adopted in compliance with this subsection. (g) Any proceeding to contest any rule on the ground of noncompliance with this Code section must be commenced within two years from the effective date of the rule. (h) For purposes of this Code section, 'rules' shall mean rules and regulations. (i) The state health plan or the rules establishing considerations, standards, or similar criteria for the grant or denial of a certificate of need pursuant to Code Section 31-6-42 shall not apply to any application for a certificate of need as to which, prior to the effective date of such plan or rules, respectively, the evidence has been closed following a full evidentiary hearing before a hearing officer. 31-6-22. The department shall be directed by the commissioner of community health. ARTICLE 3 31-6-40. (a) From and after July 1, 1999, only such new institutional health services or health care facilities as are found by the department to be needed shall be offered in the state. Prior to that date, only such new institutional health services or health care facilities which had been found to be needed by the Health Planning Agency under any prior provisions of this chapter and the regulations issued thereunder shall have been offered in the state, unless otherwise exempt from the requirements of the law or unless that law was not applicable. It is the intent of this provision to assure that no new institutional health services or health care facilities, as defined prior to July 1, 1999, are allowed to avoid the requirements of any prior provisions of this chapter, and applicable regulations, if those laws and regulations were applicable to them. On and after July 1, 2008, any new institutional health service shall be required to obtain a certificate of need pursuant to this chapter. New institutional health services include: (1) The construction, development, or other establishment of a new health care facility; (2) Any expenditure by or on behalf of a health care facility in excess of $2,500,000.00 which, under generally accepted accounting principles consistently applied, is a capital expenditure, except expenditures for acquisition of an existing health care facility not owned or operated by or on behalf of a political subdivision of this state, or any combination of such political subdivisions, or by or on behalf of a hospital authority, as defined in Article 4 of Chapter 7 of this title, or certificate of need owned by such facility in connection with its acquisition. The dollar amounts specified in this paragraph and in subparagraph (A) of paragraph (14) of Code Section 31-6-2 shall be adjusted annually by an amount calculated by multiplying such dollar amounts (as adjusted for the preceding year) by the annual percentage of change in 4896 JOURNAL OF THE SENATE the composite index of construction material prices, or its successor or appropriate replacement index, if any, published by the United States Department of Commerce for the preceding calendar year, commencing on July 1, 2009, and on each anniversary thereafter of publication of the index. The department shall immediately institute rule-making procedures to adopt such adjusted dollar amounts. In calculating the dollar amounts of a proposed project for purposes of this paragraph and subparagraph (A) of paragraph (14) of Code Section 31-6-2, the costs of all items subject to review by this chapter and items not subject to review by this chapter associated with and simultaneously developed or proposed with the project shall be counted, except for the expenditure or commitment of or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications or working drawings, or to acquire sites; (3) The purchase or lease by or on behalf of a health care facility or a diagnostic, treatment, or rehabilitation center of diagnostic or therapeutic equipment with a value in excess of $1,000,000.00; provided, however, that diagnostic or other imaging services that are not offered in a hospital or in the offices of an individual private physician or single group practice of physicians exclusively for use on patients of that physician or group practice shall be deemed to be a new institutional health service regardless of the cost of equipment; and provided, further, that this shall not include build out costs, as defined by the department, but shall include all functionally related equipment, software, and any warranty and services contract costs for the first five years. The acquisition of one or more items of functionally related diagnostic or therapeutic equipment shall be considered as one project. The dollar amount specified in this paragraph, in subparagraph (B) of paragraph (14) of Code Section 316-2, and in paragraph (10) of subsection (a) of Code Section 31-6-47 shall be adjusted annually by an amount calculated by multiplying such dollar amounts (as adjusted for the preceding year) by the annual percentage of change in the consumer price index, or its successor or appropriate replacement index, if any, published by the United States Department of Labor for the preceding calendar year, commencing on July 1, 2010; (4) Any increase in the bed capacity of a health care facility except as provided in Code Section 31-6-47; (5) Clinical health services which are offered in or through a health care facility, which were not offered on a regular basis in or through such health care facility within the 12 month period prior to the time such services would be offered; (6) Any conversion or upgrading of any general acute care hospital to a specialty hospital or of a facility such that it is converted from a type of facility not covered by this chapter to any of the types of health care facilities which are covered by this chapter; and (7) Clinical health services which are offered in or through a diagnostic, treatment, or rehabilitation center which were not offered on a regular basis in or through that center within the 12 month period prior to the time such services would be offered, FRIDAY, APRIL 4, 2008 4897 but only if the clinical health services are any of the following: (A) Radiation therapy; (B) Biliary lithotripsy; (C) Surgery in an operating room environment, including but not limited to ambulatory surgery; and (D) Cardiac catheterization. (b) Any person proposing to develop or offer a new institutional health service or health care facility shall, before commencing such activity, submit a letter of intent and an application to the department and obtain a certificate of need in the manner provided in this chapter unless such activity is excluded from the scope of this chapter. (c)(1) Any person who had a valid exemption granted or approved by the former Health Planning Agency or the Department of Community Health prior to July 1, 2008, shall not be required to obtain a certificate of need in order to continue to offer those previously offered services. (2) Any facility offering ambulatory surgery pursuant to the exclusion designated on June 30, 2008, as division (14)(G)(iii) of Code Section 31-6-2; any diagnostic, treatment, or rehabilitation center offering diagnostic imaging or other imaging services in operation and exempt prior to July 1, 2008; or any facility operating pursuant to a letter of nonreviewability and offering diagnostic imaging services prior to July 1, 2008, shall: (A) Provide notice to the department of the name, ownership, location, single specialty, and services provided in the exempt facility; (B) Beginning on January 1, 2009, provide annual reports in the same manner and in accordance with Code Section 31-6-70; and (C)(i) Provide care to Medicaid beneficiaries and, if the facility provides medical care and treatment to children, to PeachCare for Kids beneficiaries and provide uncompensated indigent and charity care in an amount equal to or greater than 2 percent of its adjusted gross revenue; or (ii) If the facility is not a participant in Medicaid or the PeachCare for Kids Program, provide uncompensated care for Medicaid beneficiaries and, if the facility provides medical care and treatment to children, for PeachCare for Kids beneficiaries, uncompensated indigent and charity care, or both in an amount equal to or greater than 4 percent of its adjusted gross revenue if it: (I) Makes a capital expenditure associated with the construction, development, expansion, or other establishment of a clinical health service or the acquisition or replacement of diagnostic or therapeutic equipment with a value in excess of $800,000.00 over a two-year period; (II) Builds a new operating room; or (III) Chooses to relocate in accordance with Code Section 31-6-47. Noncompliance with any condition of this paragraph shall result in a monetary penalty in the amount of the difference between the services which the center is required to provide and the amount actually provided and may be subject to revocation of its exemption status by the department for repeated failure to pay any 4898 JOURNAL OF THE SENATE fees or monies due to the department or for repeated failure to produce data as required by Code Section 31-6-70 after notice to the exemption holder and a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The dollar amount specified in this paragraph shall be adjusted annually by an amount calculated by multiplying such dollar amount (as adjusted for the preceding year) by the annual percentage of change in the consumer price index, or its successor or appropriate replacement index, if any, published by the United States Department of Labor for the preceding calendar year, commencing on July 1, 2009. In calculating the dollar amounts of a proposed project for the purposes of this paragraph, the costs of all items subject to review by this chapter and items not subject to review by this chapter associated with and simultaneously developed or proposed with the project shall be counted, except for the expenditure or commitment of or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications or working drawings, or to acquire sites. Subparagraph (C) of this paragraph shall not apply to facilities offering ophthalmic ambulatory surgery pursuant to the exclusion designated on June 30, 2008, as division (14)(G)(iii) of Code Section 31-6-2 that are owned by physicians in the practice of ophthalmology. (d) A certificate of need issued to a destination cancer hospital shall authorize the beds and all new institutional health services of such destination cancer hospital. As used in this subsection, the term 'new institutional health service' shall have the same meaning provided for in subsection (a) of this Code section. A certificate of need shall only be issued to a destination cancer hospital that locates itself and all affiliated facilities within 25 miles of a commercial airport in this state with five or more runways. Such destination cancer hospital shall not be required to apply for or obtain additional certificates of need for new institutional health services related to the treatment of cancer patients, and such new institutional health services related to the treatment of cancer patients offered by the destination cancer hospital shall not be reviewed under any service specific need methodology or rules except for those promulgated by the department for destination cancer hospitals. After commencing operations, in order to add an additional new institutional health service, a destination cancer hospital shall apply for and obtain an additional certificate of need under the applicable statutory provisions and any rules promulgated by the department for destination cancer hospitals, and such applications shall only be granted if the patient base of such destination cancer hospital is composed of at least 65 percent of out-of-state patients for two consecutive years. The department may apply rules for a destination cancer hospital only for those services that the department determines are to be used by the destination cancer hospital in connection with the treatment of cancer. In no case shall a destination cancer hospital specific rules be used in the case of an application for open heart surgery, perinatal services, cardiac catheterization, and other services deemed by the department to be not reasonably related to the diagnosis and treatment of cancer; provided, however, that the department shall apply the destination cancer hospital specific rules if a destination cancer hospital applies for services and equipment FRIDAY, APRIL 4, 2008 4899 required for it to meet federal or state laws applicable to a hospital. If such destination cancer hospital cannot show a patient base of a minimum of 65 percent from outside of this state, then its application for any new institutional health service shall be evaluated under the specific statutes and rules applicable to that particular service. If such destination cancer hospital applies for a certificate of need to add an additional new institutional health service before commencing operations or completing two consecutive years of operation, such applicant may rely on historical data from its affiliated entities, as set forth in paragraph (2) of subsection (b.1) of Code Section 31-642. Because destination cancer hospitals provide services primarily to out-of-state residents, the number of beds, services, and equipment destination cancer hospitals use shall not be counted as part of the departments inventory when determining the need for those items by other providers. No person shall be issued more than one certificate of need for a destination cancer hospital. Nothing in this Code section shall in any way require a destination cancer hospital to obtain a certificate of need for any purpose that is otherwise exempt from the certificate of need requirement. Beginning January 1, 2010, the department shall not accept any application for a certificate of need for a new destination cancer hospital; provided, however, all other provisions regarding the upgrading, replacing, or purchasing of diagnostic or therapeutic equipment shall be applicable to an existing destination cancer hospital. (e) The commissioner shall be authorized, with the approval of the board, to place a temporary moratorium of up to six months on the issuance of certificates of need for new and emerging health care services. Any such moratorium placed shall be for the purpose of promulgating rules and regulations regarding such new and emerging health care services. A moratorium may be extended one time for an additional three months if circumstances warrant, as approved by the board. In the event that final rules and regulations are not promulgated within the time period allowed by the moratorium, any applications received by the department for a new and emerging health care service shall be reviewed under existing general statutes and regulations relating to certificates of need. (c)(1) Any person who offered new institutional health services, as defined only in subparagraphs (G) and (H) of paragraph (14) of Code Section 31-6-2, within the 12 month period prior to July 1, 1999, and for which services a certificate of need was not required under the provisions of this chapter as they existed prior to July 1, 1999, shall not be required to obtain a certificate of need in order to continue to offer those previously offered services after that date if that person obtains an exemption therefor as provided in this subsection. (1.1) Any person who, on July 1, 1999: (A) Has in place a valid written contract of purchase, construction, or assembly for purposes of offering new institutional health services, as defined only in subparagraphs (G) and (H) of paragraph (14) of Code Section 31-6-2; (B) Has prior to said date paid in cash or made an irrevocable and secured commitment or obligation of a minimum of 30 percent of the price called for under said contract; 4900 JOURNAL OF THE SENATE (C) Has taken delivery and has in operation such new institutional health services on or before January 1, 1992; and (D) Has notified the Health Planning Agency no later than July 1, 1991, of that persons intent to apply for an exemption under this paragraph shall not be required to obtain a certificate of need in order to offer those services if that person obtains an exemption therefor as provided in this subsection. (2) A person claiming an exemption under paragraph (1) or (1.1) of this subsection shall apply to the Health Planning Agency for that exemption no later than July 1, 1992. The application shall be in such form and manner as established by the Health Planning Agency to provide sufficient proof that the applicant qualifies for the exemption claimed. The Health Planning Agency shall notify the applicant within 90 days after the required application and proof have been properly submitted that the application for exemption is denied; otherwise, the application shall be deemed granted by operation of law upon the ninety-first day. Such a grant of the exemption shall be final and no appeal therefrom shall be authorized. A denial of such application for exemption shall constitute a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person having a certificate of need or authorization to offer the services for which an application for exemption has been denied may intervene in the contested case if such person offers those services within the same service area as the service area in which were to be offered the services for which the application for exemption was denied. (3) A person who claims an exemption pursuant to this subsection may continue to offer the services for which the exemption may be claimed without applying for the exemption, but those services may not be offered after October 1, 1992, or any date prior thereto upon which a decision denying the exemption has become final unless: (A) The person applied for the exemption as provided in paragraph (2) of this subsection but on October 1, 1992, there has either been no decision made denying the exemption or a decision denying the exemption has not become final, in either of which events the services for which the application for exemption was made may be offered until there is a final decision denying the exemption; (B) The person is granted the exemption; or (C) The person obtains a certificate of need for the services. For purposes of this subsection, a decision denying an application for an exemption shall become final when the time for appealing that decision expires without an appeal of such decision having been properly made. (4) An exemption obtained pursuant to this subsection may be transferred to another person if the department is notified thereof within 45 days after the transfer occurs. (5) The Health Planning Agency shall establish procedures for obtaining exemptions under this subsection and shall publish a list not later than October 1, 1992, of all such applications granted or pending on that date. (d) Any person that had formally requested, prior to February 1, 1991, a determination from the Health Planning Agency of the applicability of the certificate of need requirements for a specific project that is subsequently approved by the Health Planning FRIDAY, APRIL 4, 2008 4901 Agency or by appeal of the Health Planning Agencys denial shall be exempt under the provisions of this chapter from the requirement of obtaining a certificate of need for that project. 31-6-40.1. (a) Any person who acquires a health care facility by stock or asset purchase, merger, consolidation, or other lawful means shall notify the department of such acquisition, the date thereof, and the name and address of the acquiring person. Such notification shall be made in writing to the department within 45 days following the acquisition and the acquiring person may be fined by the department in the amount of $500.00 for each day that such notification is late. Such fine shall be paid into the state treasury. (b) The department may limit the time periods during which it will accept applications for the following health care facilities: (1) Skilled nursing facilities; (2) Intermediate care facilities; and (3) Home health agencies, to only such times after the department has determined there is an unmet need for such facilities. The department shall make a determination as to whether or not there is an unmet need for each type of facility at least every six months and shall notify those requesting such notification of that determination. (b.1) The department may establish, by rule, set times during the year in which applications for capital projects exceeding the threshold amounts in: (1) Paragraph (14) of Code Section 31-6-2; and (2) Paragraph (2) or (3) of subsection (a) of Code Section 31-6-40 shall be accepted. (c) The department may require that any applicant for a certificate of need agree to provide a specified amount of clinical health services to indigent patients as a condition for the grant of a certificate of need; provided, however, that each facility granted a certificate of need by the department as a destination cancer hospital shall be required to provide uncompensated indigent or charity care for residents of Georgia which meets or exceeds 3 percent of such destination cancer hospitals adjusted gross revenues and provide care to Medicaid beneficiaries. A grantee or successor in interest of a certificate of need or an authorization to operate under this chapter which violates such an agreement or violates any conditions imposed by the department relating to such services, whether made before or after July 1, 1991 2008, shall be liable to the department for a monetary penalty in the amount of the difference between the amount of services so agreed to be provided and the amount actually provided and may be subject to revocation of its certificate of need, in whole or in part, by the department pursuant to Code Section 31-6-45. Any penalty so recovered shall be paid into the state treasury. (c.1)(1) A destination cancer hospital that does not meet an annual patient base composed of a minimum of 65 percent of patients who reside outside this state in a calendar year shall be fined $2,000,000.00 for the first year of noncompliance, 4902 JOURNAL OF THE SENATE $4,000,000.00 for the second consecutive year of noncompliance, and $6,000,000.00 for the third consecutive year of noncompliance. Such fine amount shall reset to $2,000,000.00 after any year of compliance. In the event that a destination cancer hospital does not meet an annual patient base composed of a minimum of 65 percent of patients who reside outside this state for three calendar years in any five-year period, such hospital shall be fined an additional amount of $8,000,000.00. It is the intent of the General Assembly that all revenues collected from any such fine shall be dedicated and deposited by the department into the Indigent Care Trust Fund created pursuant to Code Section 31-8-152. (2) In the event a certificate of need for a destination cancer hospital is revoked pursuant to this subsection, such hospital shall be subject to fines pursuant to subsection (c) of Code Section 31-6-45 for operating without a certificate of need. (3) In addition to the annual report required pursuant to Code Section 31-6-70, a destination cancer hospital shall submit an annual statement, in accordance with timeframes and a format specified by the department, affirming that the hospital has met an annual patient base composed of a minimum of 65 percent of patients who reside outside this state. The chief executive officer of the destination cancer hospital shall certify under penalties of perjury that the statement as prepared accurately reflects the composition of the annual patient base. The department shall have the authority to inspect any books, records, papers, or other information pursuant to subsection (e) of Code Section 31-6-45 of the destination cancer hospital to confirm the information provided on such statement or any other information required of the destination cancer hospital. Nothing in this paragraph shall be construed to require the release of any information which would violate the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191. (d) Penalties authorized under this Code section shall be subject to the same notices and hearing for the levy of fines under Code Section 31-6-45. 31-6-40.2. (a) As used in this Code section only, the term: (1) 'Certificate of need application' means an application for a certificate of need filed with the department, any amendments thereto, and any other written material relating to the application and filed by the applicant with the department. (2) 'First three years of operation' means the first three consecutive 12 month periods beginning on the first day of a new perinatal services first full calendar month of operation. (3) 'First year of operation' means the first consecutive 12 month period beginning on the first day of a new perinatal services first full calendar month of operation. (4) 'New perinatal service' means a perinatal service whose first year of operation ends after April 6, 1992. (5) 'Perinatal service' means obstetric and neonatal services relating to managing high-risk pregnancies, care for moderately ill newborns, care for all maternal and fetal complications either on site or by referral, and operation of neonatal intensive care FRIDAY, APRIL 4, 2008 4903 units equipped to treat critically ill newborns; provided however, this shall not include basic perinatal services as defined in Code Section 31-6-2. (6) 'Uncompensated indigent or charity care' means the dollar amount of 'net uncompensated indigent or charity care after direct and indirect (all) compensation' as defined by, and calculated in accordance with, the departments Hospital Indigent Care Survey and related instructions. (7)(6) 'Year' means one of the three consecutive 12 month periods in a new perinatal service first 36 months of operation. (b)(1) A new perinatal service shall provide uncompensated indigent or charity care in an amount which meets or exceeds the departments established minimum at the time the department issued the certificate of need approval for such service for each of the services first three years of operation; provided, however, that if the certificate of need application under which a new perinatal service was approved included a commitment that uncompensated indigent or charity care would be provided in an amount greater than the established minimum for any time period described in the certificate of need application that falls completely within such new perinatal services first three years of operation, such new perinatal service shall provide indigent or charity care in an amount which meets or exceeds the amount committed in the certificate of need application for each time period described in the certificate of need application that falls completely within the services first three years of operation. (2) The department shall revoke the certificate of need and authority to operate of a new perinatal service if after notice to the grantee of the certificate or such grantees successors, and after opportunity for a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the department determines that such new perinatal service has failed to provide indigent or charity care in accordance with the requirements of paragraph (1) of this subsection and such failure is determined by the department to be for reasons substantially within the perinatal service providers control. The department shall provide the requisite notice, conduct the fair hearing, if requested, and render its determination within 90 days after the end of the first year, or, if applicable, the first time period described in paragraph (1) of this subsection during which the new perinatal service fails to provide indigent or charity care in accordance with the requirements of paragraph (1) of this subsection. Revocation shall be effective 30 days after the date of the determination by the department that the requirements of paragraph (1) of this subsection have not been met. (c)(1) A new perinatal service shall achieve the standard number of births specified in the state health plan in effect at the time of the issuance of the certificate of need approval by the department in at least one year during its first three years of operation. (2) The department shall revoke the certificate of need and authority to operate of a new perinatal service if after notice to the grantee of the certificate of need or such grantees successors, and after opportunity for a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the department determines that such new perinatal service has failed to comply with the applicable requirements of 4904 JOURNAL OF THE SENATE paragraph (1) of this subsection and such failure is determined by the department to be for reasons substantially within the perinatal service providers control. The department shall provide the requisite notice, conduct the fair hearing, if requested, and render its determination within 90 days after the end of the new perinatal services first three years of operation. Revocation shall be effective 30 days after the date of the determination by the department that the requirements of this paragraph or paragraph (1) of this subsection have not been met. (d) Nothing contained in this Code section shall limit the departments authority to regulate perinatal services in ways or for time periods not addressed by the provisions of this Code section. 31-6-41. (a) A certificate of need shall be valid only for the defined scope, location, cost, service area, and person named in an application, as it may be amended, and as such scope, location, area, cost, and person are approved by the department, unless such certificate of need owned by an existing health care facility is transferred to a person who acquires such existing facility. In such case, the certificate of need shall be valid for the person who acquires such a facility and for the scope, location, cost, and service area approved by the department. However, in reviewing an application to relocate all or a portion of an existing skilled nursing facility, intermediate care facility, or intermingled nursing facility, the department may allow such facility to divide into two or more such facilities if the department determines that the proposed division is financially feasible and would be consistent with quality patient care. (b) A certificate of need shall be valid and effective for a period of 12 months after it is issued, or such greater period of time as may be specified by the department at the time the certificate of need is issued. Within the effective period after the grant of a certificate of need, the applicant of a proposed project shall fulfill reasonable performance and scheduling requirements specified by the department, by rule, to assure reasonable progress toward timely completion of a project. (c) By rule, the department may provide for extension of the effective period of a certificate of need when an applicant, by petition, makes a good faith showing that the conditions to be specified according to subsection (b) of this Code section will be performed within the extended period and that the reasons for the extension are beyond the control of the applicant. 31-6-42. (a) The written findings of fact and decision, with respect to the departments grant or denial of a certificate of need, shall be based on the applicable considerations specified in this Code section and reasonable rules promulgated by the department interpretive thereof. The department shall issue a certificate of need to each applicant whose application is consistent with the following considerations and such rules deemed applicable to a project, except as specified in subsection (d)(f) of Code Section 31-6-43: (1) The proposed new institutional health services are reasonably consistent with the FRIDAY, APRIL 4, 2008 4905 relevant general goals and objectives of the state health plan; (2) The population residing in the area served, or to be served, by the new institutional health service has a need for such services; (3) Existing alternatives for providing services in the service area the same as the new institutional health service proposed are neither currently available, implemented, similarly utilized, nor capable of providing a less costly alternative, or no certificate of need to provide such alternative services has been issued by the department and is currently valid; (4) The project can be adequately financed and is, in the immediate and long term, financially feasible; (5) The effects of new institutional health service on payors for health services, including governmental payors, are not unreasonable; (6) The costs and methods of a proposed construction project, including the costs and methods of energy provision and conservation, are reasonable and adequate for quality health care; (7) The new institutional health service proposed is reasonably financially and physically accessible to the residents of the proposed service area; (8) The proposed new institutional health service has a positive relationship to the existing health care delivery system in the service area; (9) The proposed new institutional health service encourages more efficient utilization of the health care facility proposing such service; (10) The proposed new institutional health service provides, or would provide, a substantial portion of its services to individuals not residing in its defined service area or the adjacent service area; (11) The proposed new institutional health service conducts biomedical or behavioral research projects or new service development which is designed to meet a national, regional, or state-wide need; (12) The proposed new institutional health service meets the clinical needs of health professional training programs which request assistance; (13) The proposed new institutional health service fosters improvements or innovations in the financing or delivery of health services, promotes health care quality assurance or cost effectiveness, or fosters competition that is shown to result in lower patient costs without a loss of the quality of care; and (14) The proposed new institutional health service fosters the special needs and circumstances of health maintenance organizations; (15) The proposed new institutional health service meets the departments minimum quality standards, including, but not limited to, standards relating to accreditation, minimum volumes, quality improvements, assurance practices, and utilization review procedures; (16) The proposed new institutional health service can obtain the necessary resources, including health care personnel and management personnel; and (17) The proposed new institutional health service is an underrepresented health service, as determined annually by the department. The department shall, by rule, 4906 JOURNAL OF THE SENATE provide for an advantage to equally qualified applicants that agree to provide an underrepresented service in addition to the services for which the application was originally submitted. (b) In the case of applications for the development or offering of a new institutional health service or health care facility for osteopathic medicine, the need for such service or facility shall be determined on the basis of the need and availability in the community for osteopathic services and facilities in addition to the considerations in subsection (a) of this Code section. Nothing in this chapter shall, however, be construed as otherwise recognizing any distinction between allopathic and osteopathic medicine. (b.1) In the case of applications for the construction, development, or establishment of a destination cancer hospital, the applicable considerations as to the need for such service shall not include paragraphs (1), (2), (3), (7), (8), (10), (11), and (14) of subsection (a) of this Code section but shall include: (1) Paragraphs (4), (5), (6), (9), (12), (13), (15), (16), and (17) of subsection (a) of this Code section; (2) That the proposed new destination cancer hospital can demonstrate, based on historical data from the applicant or its affiliated entities, that its annual patient base shall be composed of a minimum of 65 percent of patients who reside outside of the State of Georgia; (3) That the proposed new destination cancer hospital states its intent to provide uncompensated indigent or charity care which shall meet or exceed 3 percent of its adjusted gross revenues and provide care to Medicaid beneficiaries; (4) That the proposed new destination cancer hospital shall conduct biomedical or behavioral research projects or service development which is designed to meet a national or regional need; (5) That the proposed new destination cancer hospital shall be reasonably financially and physically accessible; (6) That the proposed new destination cancer hospital shall have a positive relationship to the existing health care delivery system on a regional basis; (6.1) That the proposed new destination cancer hospital shall enter into a hospital transfer agreement with one or more hospitals within a reasonable distance from the destination cancer hospital or the medical staff at the destination cancer hospital has admitting privileges or other acceptable documented arrangements with such hospital or hospitals to ensure the necessary backup for the destination cancer hospital for medical complications. The destination cancer hospital shall have the capability to transfer a patient immediately to a hospital within a reasonable distance from the destination cancer hospital with adequate emergency room services. Hospitals shall not unreasonably deny a transfer agreement with the destination cancer hospital. In the event that a destination cancer hospital and another hospital cannot agree to the terms of a transfer agreement as required by this paragraph, the department shall mediate between such parties for a period of no more than 45 days. If an agreement is still not reached within such 45 day period, the parties shall enter into binding arbitration conducted by the department; FRIDAY, APRIL 4, 2008 4907 (7) That an applicant for a new destination cancer hospital shall document in its application that the new facility is not predicted to be detrimental to existing hospitals within the planning area. Such demonstration shall be made by providing an analysis in such application that compares current and projected changes in market share and payor mix for such applicant and such existing hospitals within the planning area. Impact on an existing hospital shall be determined to be adverse if, based on the utilization projected by the applicant, such existing hospital would have a total decrease of 10 percent or more in its average annual utilization, as measured by patient days for the two most recent and available preceding calendar years of data; and (8) That the destination cancer hospital shall express its intent to participate in medical staffing work force development activities. (b.2) In the case of applications for basic perinatal services in counties where: (1) Only one civilian health care facility or health system is currently providing basic perinatal services; and (2) There are not at least three different health care facilities in a contiguous county providing basic perinatal services, the department shall not apply the consideration contained in paragraph (2) of subsection (a) of this Code section. (c) If the denial of an application for a certificate of need for a new institutional health service proposed to be offered or developed by a: (1) Minority administered hospital facility serving a socially and economically disadvantaged minority population in an urban setting; or (2) Minority administered hospital facility utilized for the training of minority medical practitioners would adversely impact upon the facility and population served by said facility, the special needs of such hospital facility and the population served by said facility for the new institutional health service shall be given extraordinary consideration by the department in making its determination of need as required by this Code section. The department shall have the authority to vary or modify strict adherence to the provisions of this chapter and the rules enacted pursuant hereto in considering the special needs of such facility and its population served and to avoid an adverse impact on the facility and the population served thereby. For purposes of this subsection, the term 'minority administered hospital facility' means a hospital controlled or operated by a governing body or administrative staff composed predominantly of members of a minority race. (d) For the purposes of the considerations contained in this Code section and in the departments applicable rules, relevant data which were unavailable or omitted when the state health plan or rules were prepared or revised may be considered in the evaluation of a project. (e) The department shall specify in its written findings of fact and decision which of the considerations contained in this Code section and the departments applicable rules are applicable to an application and its reasoning as to and evidentiary support for its evaluation of each such applicable consideration and rule. 4908 JOURNAL OF THE SENATE 31-6-43. (a) At least 30 days prior to submitting an application for a certificate of need for clinical health services, a person shall submit a letter of intent to the department. The department shall provide by rule a process for submitting letters of intent and a mechanism by which applications may be filed to compete with and be reviewed comparatively with proposals described in submitted letters of intent. (a)(b) Each application for a certificate of need shall be reviewed by the department and within ten working days after the date of its receipt a determination shall be made as to whether the application complies with the rules governing the preparation and submission of applications. If the application complies with the rules governing the preparation and submission of applications, the department shall declare the application complete for review, shall accept and date the application, and shall notify the applicant of the timetable for its review. The department shall also notify a newspaper of general circulation in the county in which the project shall be developed that the application has been deemed complete. The department shall also notify the appropriate regional development center and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located that the application is complete for review. If the application does not comply with the rules governing the preparation and submission of applications, the department shall notify the applicant in writing and provide a list of all deficiencies. The applicant shall be afforded an opportunity to correct such deficiencies, and upon such correction, the application shall then be declared complete for review within ten days of the correction of such deficiencies, and notice given to a newspaper of general circulation in the county in which the project shall be developed that the application has been so declared. The department shall also notify the appropriate regional development center and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located that the application is complete for review or when in the determination of the department a significant amendment is filed. (b)(c) An The department shall specify by rule the time within which an applicant may amend its application. at any time no later than ten days prior to the end of the review period, and the The department may request an applicant to make amendments. The department decision shall be made on an application as amended, if at all, by the applicant. (c)(d) Except as provided in subsection (d) of this Code section, there There shall be a time limit of 90 120 days for review of a project, beginning on the day the department declares the application complete for review or in the case of applications joined for comparative review, beginning on the day the department declares the final application complete. The department may adopt rules for determining when it is not practicable to complete a review in 90 120 days and may extend the review period upon written notice to the applicant but only for an extended period of not longer than an additional 30 days. The department shall adopt rules governing the submission of additional information by the applicant and for opposing an application. (e) To allow the opportunity for comparative review of applications, the department FRIDAY, APRIL 4, 2008 4909 may provide by rule for applications for a certificate of need to be submitted on a timetable or batching cycle basis no less often than two times per calendar year for each clinical health service. Applications for services, facilities, or expenditures for which there is no specified batching cycle may be filed at any time. (d)(f) The department may order the joinder of an application which is determined to be complete by the department for comparative review with one or more subsequently filed applications declared complete for review during the same batching cycle when: (1) The first and subsequent applications involve similar clinical health service projects in the same service area or overlapping medical service areas; and (2) The subsequent applications are filed and are declared complete for review within 30 days of the date the first application was declared complete for review. Following joinder of the first application with subsequent applications, none of the subsequent applications so joined may be considered as a first application for the purposes of future joinder. The department shall notify the applicant to whose application a joinder is ordered and all other applicants previously joined to such application of the fact of each joinder pursuant to this subsection. In the event one or more applications have been joined pursuant to this subsection, the time limits for department action for all of the applicants shall run from the latest date that any one of the joined applications was declared complete for review. In the event of the consideration of one or more applications joined pursuant to this subsection, the department may award no certificate of need or one or more certificates of need to the application or applications, if any, which are consistent with the considerations contained in Code Section 31-6-42, the departments applicable rules, and the award of which will best satisfy the purposes of this chapter. (e)(g) The department shall review the application and all written information submitted by the applicant in support of the application and all information submitted in opposition to the application to determine the extent to which the proposed project is consistent with the applicable considerations stated in Code Section 31-6-42 and in the departments applicable rules. During the course of the review, the department staff may request additional information from the applicant as deemed appropriate. Pursuant to rules adopted by the department, a public hearing on applications covered by those regulations may be held prior to the date of the departments decision thereon. Such rules shall provide that when good cause has been shown, a public hearing shall be held by the department. Any interested person may submit information to the department concerning an application, and an applicant shall be entitled to notice of and to respond to any such submission. (f)(h) In the event that the departments initial review of an application indicates that an application is not consistent with the applicable considerations contained in Code Section 31-6-42 and in the departments applicable rules, on or before the sixtieth day after an application, or the last application joined pursuant to subsection (d) of this Code section, is declared complete for review, the The department shall provide the applicant an opportunity to meet with the department to discuss the application and to provide an opportunity to submit additional information. Such additional information 4910 JOURNAL OF THE SENATE shall be submitted prior to the seventy-fifth day after the application, or the last application joined pursuant to subsection (d) of this Code section, is declared complete for review within the time limits adopted by the department. The department shall also provide an opportunity for any party that is opposed to an application to meet with the department and to provide additional information to the department. In order for an opposing party to have standing to appeal an adverse decision pursuant to Code Section 31-6-44, such party must attend and participate in an opposition meeting. (g)(i) Unless extended by the department for an additional period of up to 30 days pursuant to subsection (d) of this Code section, the The department shall, no later than 90 120 days after an application is declared determined to be complete for review, or, in the event joinder is ordered pursuant to subsection (d) of this Code section of joined applications, then 90 120 days after the last joined application is declared complete for review, provide written notification to an applicant of the departments decision to issue or to deny issuance of a certificate of need for the proposed project. In the event the department has extended the review period pursuant to subsection (c) of this Code section, then the department shall provide such written notification within 120 days after the application, or the last application joined pursuant to subsection (d) of this Code section, was declared complete for review. Such notice shall contain the departments written findings of fact and decision as to each applicable consideration or rule and a detailed statement of the reasons and evidentiary support for issuing or denying a certificate of need for the action proposed by each applicant. The department shall also mail such notification to the appropriate regional development center and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located. In the event such decision is to issue a certificate of need, the certificate of need shall be effective on the day of the decision unless the decision is appealed to the review board Certificate of Need Appeal Panel in accordance with this chapter. Within seven days of the decision, the department shall publish notice of its decision to grant or deny an application in the same manner as it publishes notices of the filing of an application. (h)(j) Should the department fail to provide written notification of the decision within the time limitations set forth in this Code section, an application shall be deemed to have been approved as of the ninety-first day, or the one hundred twenty-first day if the review period was extended pursuant to subsection (c) of this Code section, following notice from the department that an application, or the last of any applications joined pursuant to subsection (d)(f) of this Code section, is declared 'complete for review.' (g) Notwithstanding other provisions of this article, when the Governor has declared a state of emergency in a region of the state, existing health care facilities in the affected region may seek emergency approval from the department to make expenditures in excess of the capital expenditure threshold or to offer services that may otherwise require a certificate of need. The department shall give special expedited consideration to such requests and may authorize such requests for good cause. Once the state of emergency has been lifted, any services offered by an affected health care facility under this subsection shall cease to be offered until such time as the health care facility that FRIDAY, APRIL 4, 2008 4911 received the emergency authorization has requested and received a certificate of need. For purposes of this subsection, 'good cause' means that authorization of the request shall directly resolve a situation posing an immediate threat to the health and safety of the public. The department shall establish, by rule, procedures whereby requirements for the process of review and issuance of a certificate of need may be modified and expedited as a result of emergency situations. 31-6-44. (a) There Effective July 1, 2008, there is created the Health Planning Review Board Certificate of Need Appeal Panel, which shall be an agency separate and apart from the department and shall consist of a panel of independent hearing officers. The purpose of the appeal panel shall be to serve as a panel of independent hearing officers to review the departments initial decision to grant or deny a certificate of need application. That review board which existed on June 30, 1994, is continued in existence after that date but on and after July 1, 1994, shall be constituted as provided in this subsection. The Health Planning Review Board which existed on June 30, 2008, shall cease to exist after that date and the Certificate of Need Appeal Panel shall be constituted effective July 1, 2008, pursuant to this Code section. Those The terms of all members of the Health Planning Review Board serving as such on January 1, 1994, or any person selected to fill a vacancy in such membership shall continue to serve as such members until July 1, 1994, at which time the terms of office of such members shall expire June 30, 2008, shall automatically terminate on such date. (b) On and after July 1, 1994 2008, the review board appeal panel shall be composed of 11 five members appointed by the Governor, with one from each congressional district for a term of up to four years each. The Governor shall appoint persons to the review board appeal panel attorneys who practice law in this state and who are familiar with the health care industry but who do not have a financial interest in or represent or have any compensation arrangement with any health care facility. Each member of the appeal panel shall be an active member of the State Bar of Georgia in good standing, and each attorney shall have maintained such active status for the five years immediately preceding such persons appointment. The Governor shall also name from among such members a chairperson and a vice chairperson of the review board, both of whom shall be attorneys licensed to practice law in this state appeal panel. The vice chairperson shall have the same authority as the chairperson; provided, however, the vice chairperson shall not exercise such authority unless expressly delegated by the chairperson or in the event the chairperson becomes incapacitated, as determined by the Governor. Vacancies on the board appeal panel caused by resignation, death, or any other cause shall be filled for the unexpired term in the same manner as the original appointment. No person required to register with the Secretary of State as a lobbyist or registered agent shall be eligible for appointment by the Governor to the board appeal panel. (b)(c) The purpose of the review board shall be to review decisions made by hearing 4912 JOURNAL OF THE SENATE officers as provided in subsection (h) of this Code section. At least a quorum of the review board shall meet at least once every month to review hearing officer decisions unless there are not any decisions for it to review. For purposes of this subsection, a quorum shall consist of five members of the review board, including either the chairperson or the vice chairperson. The review board appeal panel shall promulgate reasonable rules for its operation and rules of procedure for the conduct of review board meetings and initial administrative appeal hearings held by the appointed hearing officers, including an appropriate fee schedule for filing such appeals. Members of the appeal panel shall serve as hearing officers for appeals that are assigned to them on a random basis by the chairperson of the appeal panel. Subject to the limitations stated in this subsection and in subsection (c) of this Code section, the review board shall formulate and approve a list of at least five and not more than ten attorneys who shall serve as hearing officers for appeals which are assigned to them by the chairperson of the review board. Each such attorney approved to be included on the list of hearing officers shall be an active member of the State Bar of Georgia in good standing, and each such attorney must have maintained such active status for the five years immediately preceding such persons respective approval. The members of the review board appeal panel shall receive no salary but shall be reimbursed for their expenses in attending meetings and for transportation costs as authorized by Code Section 45-7-21, which provides for compensation and allowances of certain state officials, and ; provided, however, that the chairperson and vice chairperson of the appeal panel shall also be compensated for their services rendered to the review board appeal panel outside of attendance at a review board an appeal panel meeting, such as for time spent assigning hearing officers, the amount of which compensation shall be determined according to regulations of the Department of Administrative Services. Hearing officers to whom a case has been assigned Appeal panel members shall receive compensation for the administration of the cases assigned to them, including prehearing, hearing, and posthearing work, in an amount determined to be appropriate and reasonable by the review board Department of Administrative Services. Such compensation to the members of the review board and to hearing officers appeal panel shall be made by the Department of Administrative Services. (c)(d) Any applicant for a project, or any competing applicant in the same batching cycle, or any competing health care facility that has notified the department prior to its decision that such facility is opposed to the application before the department, or any county or municipal government in whose boundaries the proposed project will be located, who is aggrieved by a decision of the department shall have the right to an initial administrative appeal hearing before a an appeal panel hearing officer or to intervene in such hearing. Such request for hearing or intervention shall be made filed with the chairperson of the appeal panel within 30 days of the date of the decision made pursuant to Code Section 31-6-43. In the event an appeal is filed by a competing applicant, or any competing health care facility, or any county or municipal government, the appeal shall be accompanied by payment of such fee as is established by the appeal panel. In the event that an appeal is requested, the chairperson of the FRIDAY, APRIL 4, 2008 4913 review board appeal panel shall appoint a hearing officer for each such hearing within 50 30 days after the date of the decision made pursuant to Code Section 31-6-43 the appeal is received. Within 14 days after the appointment of the hearing officer, such hearing officer shall confer with the parties and set the date or dates for the hearing, provided that no hearing shall be scheduled less than 60 days nor more than 120 days after and shall provide the parties with written notice mailed at least 14 days before the date of commencement of such hearing. The hearing shall be commenced within 120 days of the filing of the request for a hearing, unless the applicant consents or, in the case of competing applicants, all applicants consent to an extension of this time period to a specified date. Unless the applicant consents or, in the case of competing applicants, all applicants consent to an extension of said 120 day period, any hearing officer who regularly fails to commence a hearing within the required time period shall not be eligible for continued service as a hearing officer for the purposes of this Code section. The hearing officer shall have the authority to dispose of all motions made by any party before the issuance of the hearing officers decision and shall make such rulings as may be required for the conduct of the hearing. (d)(e) In fulfilling the functions and duties of this chapter, the hearing officer shall act, and the hearing shall be conducted as a full evidentiary hearing, in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' relating to contested cases, except as otherwise specified in this Code section. Subject to the provisions of Article 4 of Chapter 18 of Title 50, all files, working papers, studies, notes, and other writings or information used by the department in making its decision shall be public records and available to the parties, and the hearing officer may permit each party to exercise such reasonable rights of prehearing discovery of such information used by the parties as will expedite the hearing. (e)(f) In addition to evidence submitted to the department, a party may present any additional relevant evidence to the appeal panel hearing officer reviewing the decision of the department if the evidence was not reasonably available to the party presenting the evidence at the time of the departments review. The burden of proof as to whether the evidence was reasonably available shall be on the party attempting to introduce the new evidence. The issue for the decision by the hearing officer shall be whether, and the hearing officer shall order the issuance of a certificate of need if, in the hearing officers judgment, the application is consistent with the considerations as set forth in Code Section 31-6-42 and the departments rules, as the hearing officer deems such considerations and rules applicable to the review of the project. The appeal hearing conducted by the appeal panel hearing officer shall be a de novo review of the decision of the department. The hearing officer shall also consider: (1) Whether whether the department committed prejudicial procedural error in its consideration of the application; (2) Whether. The hearing officer shall also consider whether the appeal lacks substantial justification; and (3) Whether whether such appeal was undertaken solely primarily for the purpose of delay or harassment. 4914 JOURNAL OF THE SENATE The burden of proof shall be on the appellant. Appellants or applicants shall proceed first with their cases before the hearing officer in the order determined by the hearing officer, and the department, if a party, shall proceed last. In the event of a consolidated hearing on applications which were joined for comparative review pursuant to subsection (d)(f) of Code Section 31-6-43, the hearing officer shall have the same powers specified for the department in subsection (d)(f) of Code Section 31-6-43 to order the issuance of no certificate of need or one or more certificates of need. (f)(g) All evidence shall be presented at the initial administrative appeal hearing conducted by the appointed hearing officer. A party or intervenor may present any relevant evidence on all issues raised by the hearing officer or any party to the hearing or revealed during discovery and shall not be limited to evidence or information presented to the department prior to its decision, except that, unless in response to an issue raised by an opponent or the hearing officer or revealed during discovery, a party or intervenor an applicant may not present a new need study or analysis responsive to the general need consideration or service-specific need formula as provided in the applicable rules that is substantially different from any such study or analysis submitted to the department prior to its decision and that could have reasonably have been available for submission. to the department prior to its decision. Except for such limitation on new studies or analyses, the The hearing officer may consider the latest data available, including updates of studies previously submitted, in deciding whether an application is consistent with the applicable considerations or rules. The hearing officer shall consider the applicable considerations and rules in effect on the date the appeal is filed, even if the provisions of those considerations or rules were changed after the departments decision. The hearing officer may remand a matter to the department if the hearing officer determines that it would be beneficial for the department to consider new data, studies, or analyses that were not available before the decision or changes to the provisions of the applicable considerations or rules made after the departments decision. The hearing officer shall establish the time deadlines for completion of the remand and shall retain jurisdiction of the matter throughout the completion of the remand. (h) After the issuance of a decision by the department pursuant to Code Section 31-643, no party to an appeal hearing, nor any person on behalf of such party, including the department, shall make any ex parte contact with the appeal panel hearing officer appointed to conduct the appeal hearing, any other member of the appeal panel, or the commissioner in regard to a decision under appeal. (g)(i) Within 30 days after the conclusion of the hearing, the hearing officer shall make written findings of fact and conclusions of law as to each consideration as set forth in Code Section 31-6-42 and the departments rules, including a detailed statement of the reasons for the decision of the hearing officer. If any party has alleged that an appeal lacks substantial justification and or was undertaken solely primarily for the purpose of delay or harassment, the decision of the hearing officer shall make findings of fact addressing the merits of the allegation. Immediately upon rendering a decision, the The hearing officer shall file such decision with the chairperson of the review board appeal FRIDAY, APRIL 4, 2008 4915 panel who shall, serve such decision upon all parties, and shall transmit the administrative record to the chairperson of the review board commissioner. Any party, including the department, which disputes any finding of fact or conclusion of law rendered by the hearing officer in such hearing officers decision and which wishes to appeal that decision may appeal to the review board commissioner and shall file such partys its specific objections thereto with the review board commissioner or his or her designee within 30 days of such partys receipt of the date of the hearing officers decision pursuant to rules adopted by the department. (h)(j) The decision of the appeal panel hearing officer will become the final decision of the department upon the sixty-first day following the receipt date of the decision by the review board unless an objection thereto is filed with the commissioner within the time limit established in subsection (g)(i) of this Code section. and within 60 days of the receipt of the hearing officers decision by the review board: (1) At least a quorum of the review board meets to review such decision and, by a majority vote of those members present at the meeting, decides whether to affirm, reverse, or modify the hearing officers decision or to remand the case to the hearing officer for further consideration; or (2) At the request of any party which participated in the initial administrative hearing before the hearing officer, or upon its own initiative, the chairperson or the chairpersons designee extends the time period for review of such decision. However, the review board may not extend the time period for review of such decision for longer than 45 days. The chairperson or vice chairperson shall set the date for the review board meeting and provide the parties with written notice mailed at least 14 days prior to such meeting. Within 30 days after meeting to review such hearing officers decision, either the chairperson or the vice chairperson of the review board shall, on behalf of the review board members present at such meeting, issue a written order which memorializes the decision of the review board reached by such majority vote. In the event the review board reverses or modifies the hearing officers decision, the review board shall issue a written decision explaining why such changes were made. However, the review board shall not reverse findings of fact made by the hearing officer unless the review board specifically finds that the hearing officers findings of fact are not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclusions, or decisions, which such evidentiary standard shall be in excess of the 'any evidence' standard contained in other statutory provisions. (k)(1) In the event an appeal of the hearing officers decision is filed, the commissioner may adopt the hearing officers order as the final order of the department or the commissioner may reject or modify the conclusions of law over which the department has substantive jurisdiction and the interpretation of administrative rules over which it has substantive jurisdiction. By rejecting or modifying such conclusion of law or interpretation of administrative rule, the department must state with particularity its reasons for rejecting or modifying such 4916 JOURNAL OF THE SENATE conclusion of law or interpretation of administrative rule and must make a finding that its substituted conclusion of law or interpretation of administrative rule is as or more reasonable than that which was rejected or modified. Rejection or modification of conclusions of law may not form the basis for rejection or modification of findings of fact. The commissioner may not reject or modify the findings of fact unless the commissioner first determines from a review of the entire record, and states with particularity in the order, that the findings of fact were not based upon any competent substantial evidence or that the proceedings on which the findings were based did not comply with the essential requirements of law. (2) If, before the date set for the review boards meeting commissioners decision, application is made to the chairperson commissioner for leave to present additional evidence and it is shown to the satisfaction of the chairperson commissioner that the additional evidence is material and there were good reasons for failure to present it in the proceedings before the hearing officer, the chairperson commissioner may order that the additional evidence be taken before the same hearing officer who rendered the initial decision upon conditions determined by the chairperson commissioner. The hearing officer may modify the initial decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decision with the review board commissioner. Unless leave is given by the chairperson commissioner in accordance with the provisions of this subsection, the review board appeal panel may not consider new evidence under any circumstances. In all circumstances, the review boards commissioners decision shall be based upon considerations as set forth in Code Section 31-6-42 and the departments rules. (i) After the issuance of a decision by the department pursuant to Code Section 31-643, no party to an appeal hearing, nor any person on behalf of such party, shall make any ex parte contact with the hearing officer appointed to conduct the appeal hearing or any member of the review board in regard to a project under appeal. (j) Unless the hearing officers decision becomes the departments decision by operation of law as provided in subsection (h) of this Code section, the final decision of the review board shall become the departments decision by operation of law. Such final decision shall be the final department decision for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The appeals process provided by this Code section shall be the administrative remedy only for decisions made by the department pursuant to Code Section 31-6-43 which involve the approval or denial of applications for certificates of need. (k) In the event that the review board or its chairperson or vice chairperson requires legal counsel, the chairperson or vice chairperson shall make a request for such advice to the Attorney General. (l) If, based upon the findings of fact by the hearing officer, the review board commissioner determines that the appeal filed by any party of a decision of the department lacks substantial justification and was undertaken solely primarily for the purpose of delay or harassment, the review board commissioner may enter an award in its his or her written order against such party and in favor of the successful party or FRIDAY, APRIL 4, 2008 4917 parties, including the department, of all or any part of their respective reasonable and necessary attorneys fees and expenses of litigation, as the review board commissioner deems just. Such award may be enforced by any court undertaking judicial review of the final decision. In the absence of any petition for judicial review, then such award shall be enforced, upon due application, by any court having personal jurisdiction over the party against whom such an award is made. (m) Any party to the initial administrative appeal hearing conducted by the appointed hearing officer, excluding the department, may seek judicial review of the final decision in accordance with the method set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; provided, however, that in conducting such review, the court may reverse or modify the final decision only if substantial rights of the appellant have been prejudiced because the procedures followed by the department, the hearing officer, or the review board or the administrative findings, inferences, and conclusions contained in the final decision are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the department; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclusions, or decisions, which such evidentiary standard shall be in excess of the 'any evidence' standard contained in other statutory provisions; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. (m) Unless the hearing officers decision becomes the departments final decision by operation of law as provided in subsection (j) of this Code section, the decision of the commissioner shall become the departments final decision by operation of law. Such final decision shall be the final department decision for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The appeals process provided by this Code section shall be the administrative remedy only for decisions made by the department pursuant to Code Section 31-6-43 which involve the approval or denial of applications for certificates of need. (n) A party responding to an appeal to the commissioner may be entitled to reasonable attorneys fees and costs of such appeal if it is determined that the appeal lacked substantial justification and was undertaken primarily for the purpose of delay or harassment; provided, however, that the department shall not be required to pay attorneys fees or costs. This subsection shall not apply to the portion of attorneys fees accrued on behalf of a party responding to or bringing a challenge to the departments authority to enact a rule or regulation or the departments jurisdiction or another challenge that could not have been decided in the administrative proceeding, nor shall it apply to costs accrued when the only argument raised by the appealing party is one described in this subsection. 4918 JOURNAL OF THE SENATE 31-6-44.1 (a) Any party to the initial administrative appeal hearing conducted by the appointed appeal panel hearing officer, excluding the department, may seek judicial review of the final decision in accordance with the method set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except as otherwise modified by this Code section; provided, however, that in conducting such review, the court may reverse or modify the final decision only if substantial rights of the appellant have been prejudiced because the procedures followed by the department, the hearing officer, or the commissioner or the administrative findings, inferences, and conclusions contained in the final decision are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the department; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclusions, or decisions, which such evidentiary standard shall be in excess of the 'any evidence' standard contained in other statutory provisions; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. (b) In the event a party seeks judicial review, the department shall, within 30 days of the filing of the notice of appeal with the superior court, transmit certified copies of all documents and papers in its file together with a transcript of the testimony taken and its findings of fact and decision to the clerk of the superior court to which the case has been appealed. The case so appealed may then be brought by either party upon ten days written notice to the other before the superior court for a hearing upon such record, subject to an assignment of the case for hearing by the court; provided, however, if the court does not hear the case within 120 days of the date of docketing in the superior court, the decision of the department shall be considered affirmed by operation of law unless a hearing originally scheduled to be heard within the 120 days has been continued to a date certain by order of the court. In the event a hearing is held later than 90 days after the date of docketing in the superior court because same has been continued to a date certain by order of the court, the decision of the department shall be considered affirmed by operation of law if no order of the court disposing of the issues on appeal has been entered within 30 days after the date of the continued hearing. If a case is heard within 120 days from the date of docketing in the superior court, the decision of the department shall be considered affirmed by operation of law if no order of the court dispositive of the issues on appeal has been entered within 30 days of the date of the hearing. (c) A party responding to an appeal to the superior court shall be entitled to reasonable attorneys fees and costs if such party is the prevailing party of such appeal as decided by final order; provided, however, the department shall not be required to pay FRIDAY, APRIL 4, 2008 4919 attorneys fees or costs. This subsection shall not apply to the portion of attorneys fees accrued on behalf of a party responding to or bringing a challenge to the departments authority to enact a rule or regulation or the departments jurisdiction or another challenge that could not have been raised in the administrative proceeding. 31-6-45. (a) The department may revoke a certificate of need, in whole or in part, after notice to the holder of the certificate and a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for the following reasons: (1) Failure to comply with the provisions of Code Section 31-6-41; or (2) The intentional provision of false information to the department by an applicant in that applicants application; (3) Repeated failure to pay any fines or moneys due to the department; (4) Failure to maintain minimum quality of care standards that may be established by the department; (5) Failure to participate as a provider of medical assistance for Medicaid purposes pursuant to Code Section 31-6-45.2 or any other applicable Code section; (6) The failure to submit a timely or complete report within 180 days following the date the report is due pursuant to Code Section 31-6-70; or (7) Failure of a destination cancer hospital to meet an annual patient base composed of a minimum of 65 percent of patients who reside outside this state for three calendar years in any five-year period. The department may not, however, revoke a certificate of need if the applicant changes the defined location of the project within the same county less than three miles from the location specified in the certificate of need for financial reasons or other reasons beyond its control, including, but not limited to, failure to obtain any required approval from zoning or other governmental agencies or entities, provided such change in location is otherwise consistent with the considerations and rules applied in the evaluation of the project. (a.1) The department may revoke a certificate of need, in whole or in part, after notice to the holder of the certificate and a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' if the services or units of services for which the certificate of need was issued are not implemented in a timely manner, as established by the department in its rules. This subsection shall apply only to certificates of need issued on or after July 1, 2008. (b) Any health care facility offering a new institutional health service without having obtained a certificate of need and which has not been previously licensed as a health care facility shall be denied a license to operate. (c) In the event that a new institutional health service is knowingly offered or developed without having obtained a certificate of need as required by this chapter, or the certificate of need for such service is revoked according to the provisions of this Code section, a facility or applicant may be fined an amount not to exceed of $5,000.00 per day for every day up to 30 days, $10,000.00 per day from 31 days through 60 days, 4920 JOURNAL OF THE SENATE and $25,000.00 per day after 60 days for each day that the violation of this chapter has existed and knowingly and willingly continues; provided, however, that the expenditure or commitment of or incurring an obligation for the expenditure of funds to take or perform actions not subject to this chapter or to acquire, develop, or prepare a health care facility site for which a certificate of need application is denied shall not be a violation of this chapter and shall not be subject to such a fine. The commissioner of the department shall determine, after notice and a hearing, whether the fines provided in this Code section shall be levied. (d) In addition, for purposes of this Code section, the State of Georgia, acting by and through the department, or any other interested person, shall have standing in any court of competent jurisdiction to maintain an action for injunctive relief to enforce the provisions of this chapter. (e) The department shall have the authority to make public or private investigations or examinations inside or outside of this state to determine whether all provisions of this Code section or any other law, rule, regulation, or formal order relating to the provisions of Code Section 31-6-40 has been violated. Such investigations may be initiated at any time in the discretion of the department and may continue during the pendency of any action initiated by the department pursuant to subsection (a) of this Code section. For the purpose of conducting any investigation or inspection pursuant to this subsection, the department shall have the authority, upon providing reasonable notice, to require the production of any books, records, papers, or other information related to any certificate of need issue. 31-6-45.1. (a) A health care facility which has a certificate of need or is otherwise authorized to operate pursuant to this chapter shall have such certificate of need or authority to operate automatically revoked by operation of law without any action by the Department of Community Health department when that facilitys permit to operate pursuant to Code Section 31-7-4 is finally revoked by order of the Department of Human Resources department. For purposes of this subsection, the date of such final revocation shall be as follows: (1) When there is no appeal of the order pursuant to Chapter 5 of this title, the one hundred and eightieth day after the date upon which expires the time for appealing the revocation order without such an appeal being filed; or (2) When there is an appeal of the order pursuant to Chapter 5 of this title, the date upon which expires the time to appeal the last administrative or judicial order affirming or approving the revocation or revocation order without such appeal being filed. The Department of Community Health may become a party to any judicial proceeding to review a decision by the Department of Human Resources to revoke such a permit. (b) The services which had been authorized to be offered by a health care facility for which a certificate of need has been revoked pursuant to subsection (a) of this Code section may continue to be offered in the service area in which that facility was located FRIDAY, APRIL 4, 2008 4921 under such conditions as specified by the department notwithstanding that some or all of such services could not otherwise be offered as new institutional health services. 31-6-45.2. (a) The department may require that any applicant for a certificate of need agree to participate as a provider of medical assistance for Medicaid purposes pursuant to Article 7 of Chapter 4 of Title 49. (a)(b) Any proposed or existing health care facility which obtains a certificate of need on or after April 6, 1992, based in part upon assurances that it will participate as a provider of medical assistance, as defined in paragraph (6) of Code Section 49-4-141, and which terminates its participation as a provider of medical assistance or violates any conditions imposed by the department relating to such participation, shall be subject to a monetary penalty in the amount of the difference between the Medicaid covered services which the facility agreed to provide in its certificate of need application and the amount actually provided and may be subject to revocation of its certificate of need by the department pursuant to Code Section 31-6-45; provided, however, that this Code section shall not apply if: (1) The proposed or existing health care facilitys certificate of need application was approved by the Health Planning Agency prior to April 6, 1992, and the Health Planning Agencys approval of such application was under appeal on or after April 6, 1992, and the Health Planning Agencys approval of such application is ultimately affirmed; (2) Such facilitys participation as a provider of medical assistance is terminated by the state or federal government; or (3) Such facility establishes good cause for terminating its participation as a provider of medical assistance. For purposes of this Code section, 'good cause' shall mean: (A) Changes in the adequacy of medical assistance payments, as defined in paragraph (5) of Code Section 49-4-141, provided that at least 10 percent of the facilitys utilization during the preceding 12 month period was attributable to services to recipients of medical assistance, as defined in paragraph (7) of Code Section 49-4-141. Medical assistance payments to a facility shall be presumed adequate unless the revenues received by the facility from all sources are less than the total costs set forth in the cost report for the preceding full 12 month period filed by such facility pursuant to the state plan as defined in paragraph (8) of Code Section 49-4-141 which are allowed under the state plan for purposes of determining such facilitys reimbursement rate for medical assistance and the aggregate amount of such facilitys medical assistance payments (including any amounts received by the facility from recipients of medical assistance) during the preceding full 12 month cost reporting period is less than 85 percent of such facilitys Medicaid costs for such period. Medicaid costs shall be determined by multiplying the allowable costs set forth in the cost report, less any audit adjustments, by the percentage of the facilitys utilization during the cost reporting period which was attributable to recipients of medical assistance; 4922 JOURNAL OF THE SENATE (B) Changes in the overall ability of the facility to cover its costs if such changes are of such a degree as to seriously threaten the continued viability of the facility; or (C) Changes in the state plan, statutes, or rules and regulations governing providers of medical assistance which impose substantial new obligations upon the facility which are not reimbursed by Medicaid and which adversely affect the financial viability of the facility in a substantial manner. (b)(c) A facility seeking to terminate its enrollment as a provider of medical assistance shall submit a written request to the Department of Community Health department documenting good cause for termination. The Department of Community Health, after consultation with the department, shall grant or deny the facilitys request within 30 days. If the Department of Community Health department denies the facilitys request, the facility shall be entitled to a hearing conducted in the same manner as an evidentiary hearing conducted by the Department of Community Health department pursuant to the provisions of Code Section 49-4-153 within 30 days of the Department of Community Healths departments decision. (c)(d) The imposition of the monetary penalty provided in this Code section shall commence upon notification to the commissioner of the department by the commissioner of community health the date that said facility has terminated its participation as a provider of medical assistance, as determined by the commissioner. The monetary penalty shall be levied and collected by the department on an annual basis for every year in which the facility fails to participate as a provider of medical assistance. Penalties authorized under this Code section shall be subject to the same notices and hearings as provided for levy of fines under Code Section 31-6-45. 31-6-46. The department shall prepare and submit an annual report to the board and to the Health and Human Services Committee of the Senate and the Health and Human Services Committee of the House of Representatives about its operations and decisions for the preceding 12 month period, not later than 30 days prior to each convening of the General Assembly in regular session. Either committee may request any additional reports or information, including decisions, from the department at any time, including a period in which the General Assembly is not in regular session. The annual report shall include information and updates relating to the state health plan and the certificate of need program and an annual analysis of proactive and prospective approaches to need methodologies and access to health care services. The annual report shall include information for Georgias congressional delegation which highlights issues regarding federal laws and regulations influencing Medicaid and medicare, insurance and related tax laws, and long-term health care. 31-6-47. (a) Notwithstanding the other provisions of this chapter, this chapter shall not apply to: (1) Infirmaries operated by educational institutions for the sole and exclusive benefit FRIDAY, APRIL 4, 2008 4923 of students, faculty members, officers, or employees thereof; (2) Infirmaries or facilities operated by businesses for the sole and exclusive benefit of officers or employees thereof, provided that such infirmaries or facilities make no provision for overnight stay by persons receiving their services; (3) Institutions operated exclusively by the federal government or by any of its agencies; (4) Offices of private physicians or dentists whether for individual or group practice, except as otherwise provided in subparagraphs (G) and (H) of paragraph (14) of Code Section 31-6-2 paragraph (3) or (7) of subsection (a) of Code Section 31-6-40; (5) Christian Science sanatoriums operated or listed and certified by the First Church of Christ Scientist, Boston, Massachusetts; Religious, nonmedical health care institutions as defined in 42 U.S.C. 1395x (ss)(1), listed and certified by a national accrediting organization; (6) Site acquisitions for health care facilities or preparation or development costs for such sites prior to the decision to file a certificate of need application; (7) Expenditures related to adequate preparation and development of an application for a certificate of need; (8) The commitment of funds conditioned upon the obtaining of a certificate of need; (9) Expenditures for the acquisition of existing health care facilities by stock or asset purchase, merger, consolidation, or other lawful means unless the facilities are owned or operated by or on behalf of a: (A) Political subdivision of this state; (B) Combination of such political subdivisions; or (C) Hospital authority, as defined in Article 4 of Chapter 7 of this title; (9.1) Expenditures for the restructuring of or for the acquisition by stock or asset purchase, merger, consolidation, or other lawful means of an existing health care facility which is owned or operated by or on behalf of any entity described in subparagraph (A), (B), or (C) of paragraph (9) of this subsection only if such restructuring or acquisition is made by any entity described in subparagraph (A), (B), or (C) of paragraph (9) of this subsection; (10) Expenditures for the minor repair of a health care facility, or parts thereof or services provided or equipment used therein, or replacement of equipment, including, but not limited to, CT scanners Expenditures of less than $870,000.00 for any minor or major repair or replacement of equipment by a health care facility that is not owned by a group practice of physicians or a hospital and that provides diagnostic imaging services if such facility received a letter of nonreviewability from the department prior to July 1, 2008. This paragraph shall not apply to such facilities in rural counties; (10.1) Except as provided in paragraph (10) of this subsection, expenditures for the minor or major repair of a health care facility or a facility that is exempt from the requirements of this chapter, parts thereof or services provided or equipment used therein; or the replacement of equipment, including but not limited to CT scanners previously approved for a certificate of need; (11) Capital expenditures otherwise covered by this chapter required solely to 4924 JOURNAL OF THE SENATE eliminate or prevent safety hazards as defined by federal, state, or local fire, building, environmental, occupational health, or life safety codes or regulations, to comply with licensing requirements of the Department of Human Resources department, or to comply with accreditation standards of the Joint Commission on Accreditation of Hospitals; (12) Cost overruns whose percentage of the cost of a project is equal to or less than the cumulative annual rate of increase in the composite construction index, published by the Bureau of the Census of the Department of Commerce, of the United States government, calculated from the date of approval of the project; (13) Transfers from one health care facility to another such facility of major medical equipment previously approved under or exempted from certificate of need review, except where such transfer results in the institution of a new clinical health service for which a certificate of need is required in the facility acquiring said equipment, provided that such transfers are recorded at net book value of the medical equipment as recorded on the books of the transferring facility; (14) New institutional health services provided by or on behalf of health maintenance organizations or related health care facilities in circumstances defined by the department pursuant to federal law; (15) Increases in the bed capacity of a hospital up to ten beds or 10 percent of capacity, whichever is less greater, in any consecutive two-year period, in a hospital that has maintained an overall occupancy rate greater than 85 75 percent for the previous 12 month period; and (16) Expenditures for nonclinical projects, including parking lots, parking decks, and other parking facilities; computer systems, software, and other information technology; medical office buildings; and state mental health facilities; (17) Continuing care retirement communities, provided that the skilled nursing component of the facility is for the exclusive use of residents of the continuing care retirement community and that a written exemption is obtained from the department; provided, however, that new sheltered nursing home beds may be used on a limited basis by persons who are not residents of the continuing care retirement community for a period up to five years after the date of issuance of the initial nursing home license, but such beds shall not be eligible for Medicaid reimbursement. For the first year, the continuing care retirement community sheltered nursing facility may utilize not more than 50 percent of its licensed beds for patients who are not residents of the continuing care retirement community. In the second year of operation, the continuing care retirement community shall allow not more than 40 percent of its licensed beds for new patients who are not residents of the continuing care retirement community. In the third year of operation, the continuing care retirement community shall allow not more than 30 percent of its licensed beds for new patients who are not residents of the continuing care retirement community. In the fourth year of operation, the continuing care retirement community shall allow not more than 20 percent of its licensed beds for new patients who are not residents of the continuing care retirement community. In the fifth year of operation, the continuing care FRIDAY, APRIL 4, 2008 4925 retirement community shall allow not more than 10 percent of its licensed beds for new patients who are not residents of the continuing care retirement community. At no time during the first five years shall the continuing care retirement community sheltered nursing facility occupy more than 50 percent of its licensed beds with patients who are not residents under contract with the continuing care retirement community. At the end of the five-year period, the continuing care retirement community sheltered nursing facility shall be utilized exclusively by residents of the continuing care retirement community, and at no time shall a resident of a continuing care retirement community be denied access to the sheltered nursing facility. At no time shall any existing patient be forced to leave the continuing care retirement community to comply with this paragraph. The department is authorized to promulgate rules and regulations regarding the use and definition of 'sheltered nursing facility' in a manner consistent with this Code section. Agreements to provide continuing care include agreements to provide care for any duration, including agreements that are terminable by either party; (18) Any single specialty ambulatory surgical center that: (A)(i) Has capital expenditures associated with the construction, development, or other establishment of the clinical health service which do not exceed $2,500,000.00; or (ii) Is the only single specialty ambulatory surgical center in the county owned by the group practice and has two or fewer operating rooms; provided, however, that a center exempt pursuant to this paragraph shall be required to obtain a certificate of need in order to add any additional operating rooms; (B) Has a hospital affiliation agreement with a hospital within a reasonable distance from the facility or the medical staff at the center has admitting privileges or other acceptable documented arrangements with such hospital to ensure the necessary backup for the center for medical complications. The center shall have the capability to transfer a patient immediately to a hospital within a reasonable distance from the facility with adequate emergency room services. Hospitals shall not unreasonably deny a transfer agreement or affiliation agreement to the center; (C)(i) Provides care to Medicaid beneficiaries and, if the facility provides medical care and treatment to children, to PeachCare for Kids beneficiaries and provides uncompensated indigent and charity care in an amount equal to or greater than 2 percent of its adjusted gross revenue; or (ii) If the center is not a participant in Medicaid or the PeachCare for Kids Program, provides uncompensated care to Medicaid beneficiaries and, if the facility provides medical care and treatment to children, to PeachCare for Kids beneficiaries, uncompensated indigent and charity care, or both in an amount equal to or greater than 4 percent of its adjusted gross revenue; provided, however, single specialty ambulatory surgical centers owned by physicians in the practice of ophthalmology shall not be required to comply with this subparagraph; and (D) Provides annual reports in the same manner and in accordance with Code 4926 JOURNAL OF THE SENATE Section 31-6-70. Noncompliance with any condition of this paragraph shall result in a monetary penalty in the amount of the difference between the services which the center is required to provide and the amount actually provided and may be subject to revocation of its exemption status by the department for repeated failure to pay any fines or moneys due to the department or for repeated failure to produce data as required by Code Section 31-6-70 after notice to the exemption holder and a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The dollar amount specified in this paragraph shall be adjusted annually by an amount calculated by multiplying such dollar amount (as adjusted for the preceding year) by the annual percentage of change in the composite index of construction material prices, or its successor or appropriate replacement index, if any, published by the United States Department of Commerce for the preceding calendar year, commencing on July 1, 2009, and on each anniversary thereafter of publication of the index. The department shall immediately institute rule-making procedures to adopt such adjusted dollar amounts. In calculating the dollar amounts of a proposed project for purposes of this paragraph, the costs of all items subject to review by this chapter and items not subject to review by this chapter associated with and simultaneously developed or proposed with the project shall be counted, except for the expenditure or commitment of or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications or working drawings, or to acquire sites; (19) Any joint venture ambulatory surgical center that: (A) Has capital expenditures associated with the construction, development, or other establishment of the clinical health service which do not exceed $5,000,000.00; (B)(i) Provides care to Medicaid beneficiaries and, if the facility provides medical care and treatment to children, to PeachCare for Kids beneficiaries and provides uncompensated indigent and charity care in an amount equal to or greater than 2 percent of its adjusted gross revenue; or (ii) If the center is not a participant in Medicaid or the PeachCare for Kids Program, provides uncompensated care to Medicaid beneficiaries and, if the facility provides medical care and treatment to children, to PeachCare for Kids beneficiaries, uncompensated indigent and charity care, or both in an amount equal to or greater than 4 percent of its adjusted gross revenue; and (C) Provides annual reports in the same manner and in accordance with Code Section 31-6-70. Noncompliance with any condition of this paragraph shall result in a monetary penalty in the amount of the difference between the services which the center is required to provide and the amount actually provided and may be subject to revocation of its exemption status by the department for repeated failure to pay any fines or moneys due to the department or for repeated failure to produce data as required by Code Section 31-6-70 after notice to the exemption holder and a fair FRIDAY, APRIL 4, 2008 4927 hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The dollar amount specified in this paragraph shall be adjusted annually by an amount calculated by multiplying such dollar amount (as adjusted for the preceding year) by the annual percentage of change in the composite index of construction material prices, or its successor or appropriate replacement index, if any, published by the United States Department of Commerce for the preceding calendar year, commencing on July 1, 2009, and on each anniversary thereafter of publication of the index. The department shall immediately institute rule-making procedures to adopt such adjusted dollar amounts. In calculating the dollar amounts of a proposed project for purposes of this paragraph, the costs of all items subject to review by this chapter and items not subject to review by this chapter associated with and simultaneously developed or proposed with the project shall be counted, except for the expenditure or commitment of or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications or working drawings, or to acquire sites; (20) Expansion of services by an imaging center based on a population needs methodology taking into consideration whether the population residing in the area served by the imaging center has a need for expanded services, as determined by the department in accordance with its rules and regulations, if such imaging center: (A) Was in existence and operational in this state on January 1, 2008; (B) Is owned by a hospital or by a physician or a group of physicians comprising at least 80 percent ownership who are currently board certified in radiology; (C) Provides three or more diagnostic and other imaging services; (D) Accepts all patients regardless of ability to pay; and (E) Provides uncompensated indigent and charity care in an amount equal to or greater than the amount of such care provided by the geographically closest general acute care hospital; provided, however, this paragraph shall not apply to an imaging center in a rural county; (21) Diagnostic cardiac catheterization in a hospital setting on patients 15 years of age and older; (22) Therapeutic cardiac catheterization in hospitals selected by the department prior to July 1, 2008, to participate in the Atlantic Cardiovascular Patient Outcomes Research Team (C-PORT) Study and therapeutic cardiac catheterization in hospitals that, as determined by the department on an annual basis, meet the criteria to participate in the C-PORT Study but have not been selected for participation; provided, however, that if the criteria requires a transfer agreement to another hospital, no hospital shall unreasonably deny a transfer agreement to another hospital; (23) Infirmaries or facilities operated by, on behalf of, or under contract with the Department of Corrections or the Department of Juvenile Justice for the sole and exclusive purpose of providing health care services in a secure environment to prisoners within a penal institution, penitentiary, prison, detention center, or other secure correctional institution, including correctional institutions operated by private 4928 JOURNAL OF THE SENATE entities in this state which house inmates under the Department of Corrections or the Department of Juvenile Justice; (24) The relocation of any skilled nursing facility or intermediate care facility within the same county, any other health care facility in a rural county within the same county, and any other health care facility in an urban county within a three-mile radius of the existing facility so long as the facility does not propose to offer any new or expanded clinical health services at the new location; (25) Facilities which are devoted to the provision of treatment and rehabilitative care for periods continuing for 24 hours or longer for persons who have traumatic brain injury, as defined in Code Section 37-3-1; and (16)(26) Capital expenditures for a project otherwise requiring a certificate of need if those expenditures are for a project to remodel, renovate, replace, or any combination thereof, a medical-surgical hospital and: (A) That hospital: (i) Has a bed capacity of not more than 50 beds; (ii) Is located in a county in which no other medical-surgical hospital is located; (iii) Has at any time been designated as a disproportionate share hospital by the Department of Community Health; and (iv) Has at least 45 percent of its patient revenues derived from medicare, Medicaid, or any combination thereof, for the immediately preceding three years; and (B) That project: (i) Does not result in any of the following: (I) The offering of any new clinical health services; (II) Any increase in bed capacity; (III) Any redistribution of existing beds among existing clinical health services; or (IV) Any increase in capacity of existing clinical health services; (ii) Has at least 80 percent of its capital expenditures financed by the proceeds of a special purpose county sales and use tax imposed pursuant to Article 3 of Chapter 8 of Title 48; and (iii) Is located within a three-mile radius of and within the same county as the hospitals existing facility. (b) The department shall establish, by rule, procedures whereby requirements for the process of review and issuance of a certificate of need may be modified and expedited as a result of emergency situations. (c) By rule, the department shall establish a procedure for expediting or waiving reviews of certain projects the nonreview of which it deems compatible with the purposes of this chapter, in addition to expenditures exempted from review by this Code section. 31-6-47.1. The department shall require prior notice from a new health care facility for approval of FRIDAY, APRIL 4, 2008 4929 any activity which is believed to be exempt pursuant to Code Section 31-6-47 or excluded from the requirements of this chapter under other provisions of this chapter. The department may require prior notice and approval of any activity which is believed to be exempt pursuant to paragraphs (10), (15), (16), (17), (20), (21), (23), (25), and (26) of subsection (a) of Code Section 31-6-47. The department shall be authorized to establish timeframes, forms, and criteria relating to its certification that an activity is properly exempt or excluded under this chapter prior to its implementation. The department shall publish notice of all requests for approval of an exempt activity and opposition to such request. Persons opposing a request for approval of an exempt activity shall be entitled to file an objection with the department and the department shall consider any filed objection when determining whether an activity is exempt. After the departments decision, an opposing party shall have the right to a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' on an adverse decision of the department and judicial review of a final decision in the same manner and under the same provisions as in Code Section 31-6-44.1. 31-6-48. The State Health Planning and Development Agency, the State-wide Health Coordinating Council, and the State Health Planning Review Board existing immediately prior to July 1, 1983, are abolished, and their respective successors on and after July 1, 1983, shall be the Health Planning Agency, the Health Policy Council, and the Health Planning Review Board, as established in this chapter, except that on and after July 1, 1991, the Health Strategies Council shall be the successor to the Health Policy Council, and except that on and after July 1, 1999, the Department of Community Health shall be the successor to the Health Planning Agency, and except that on and after July 1, 2008, the Board of Community Health shall be the successor to the duties of the Health Strategies Council with respect to adoption of the state health plan, and except that on June 30, 2008, the Health Planning Review Board is abolished and the terms of all members on such board on such date shall automatically terminate and the Certificate of Need Appeal Panel shall be the successor to the duties of the Health Planning Review Board on such date. For purposes of any existing contract with the federal government, or federal law referring to such abolished agency, council, or board, the successor department, council, or board established in this chapter or in Chapter 5A of this title shall be deemed to be the abolished agency, council, or board and shall succeed to the abolished agencys, councils, or boards functions. The State Health Planning and Development Commission is abolished. 31-6-49. All matters transferred to the Health Strategies Council and the Health Planning Review Board by the previously existing provisions of this Code section and that are in effect on June 30, 1999, shall automatically remain in such council or board on and after July 1, 1999, until otherwise disposed of. All matters transferred to the Health Planning Agency by the previously existing provisions of this Code section and that are in effect 4930 JOURNAL OF THE SENATE on June 30, 1999, shall automatically be transferred to the Department of Community Health on July 1, 1999. All matters of the Health Planning Review Board that are pending on June 30, 2008, shall automatically be transferred to the Certificate of Need Appeal Panel established pursuant to Code Section 31-6-44. 31-6-50. From and after July 1, 1983, the The review and appeal considerations and procedures set forth in Code Sections 31-6-42 through 31-6-44, respectively, shall apply to and govern the review of capital expenditures under the Section 1122 program of the federal Social Security Act of 1935, as amended, including, but not limited to, any application for approval under Section 1122 which is under consideration by the Health Planning Agency or on appeal before the review board Certificate of Need Appeal Panel, successor to the former Health Planning Review Board as of July 1, 1983 June 30, 2008. ARTICLE 4 31-6-70. (a) There shall be required from each hospital health care facility in this state requiring a certificate of need and all ambulatory surgical centers and imaging centers, whether or not exempt from obtaining a certificate of need under this chapter, an annual report of certain health care information to be submitted to the department. The report shall be due on the last day of January and shall cover the 12 month period preceding each such calendar year. (b) The report required under subsection (a) of this Code section shall contain the following information: (1) Total gross revenues; (2) Bad debts; (3) Amounts of free care extended, excluding bad debts; (4) Contractual adjustments; (5) Amounts of care provided under a Hill-Burton commitment; (6) Amounts of charity care provided to indigent persons; (7) Amounts of outside sources of funding from governmental entities, philanthropic groups, or any other source, including the proportion of any such funding dedicated to the care of indigent persons; and (8) For cases involving indigent persons: (A) The number of persons treated; (B) The number of inpatients and outpatients; (C) Total patient days; (D) The number of patients categorized by county of residence; and (E) The indigent care costs incurred by the hospital health care facility by county of residence. (c) As used in subsection (b) of this Code section, 'indigent persons' means persons having as a maximum allowable income level an amount corresponding to 125 percent FRIDAY, APRIL 4, 2008 4931 of the federal poverty guideline. (d) The department shall provide a form for the report required by subsection (a) of this Code section and may provide in said form for further categorical divisions of the information listed in subsection (b) of this Code section. (e)(1) In the event that the department does not receive information responsive to subparagraph (c)(2)(A) of Code Section 31-6-40 by December 30, 2008, or an annual report from a hospital within 30 days following health care facility requiring a certificate of need or an ambulatory surgical center or imaging center, whether or not exempt from obtaining a certificate of need under this chapter, on or before the date such report was due or receives a timely but incomplete report, the department shall notify the hospital health care facility or center regarding the deficiencies and shall be authorized to fine such health care facility or center an amount not to exceed $500.00 per day for every day up to 30 days and $1,000.00 per day for every day over 30 days for every day of such untimely or deficient report. (2) In the event the department does not receive an annual report from a health care facility within 180 days following the date such report was due or receives a timely but incomplete report which is not completed with such 180 days, the department shall be authorized to revoke such health care facilitys certificate of need in accordance with Code Section 31-6-45. (f) No application for a certificate of need under Article 3 of this chapter shall be considered as complete if the applicant has not submitted the annual report required by subsection (a) of this Code section." PART II Transfer of Licensing Functions from the Department of Human Resources to the Department of Community Health. SECTION 2-1. Code Section 19-10A-2, relating to the definition of "medical facility" for purposes of the "Safe Place for Newborns Act of 2002," is amended as follows: "19-10A-2. As used in this chapter, the term 'medical facility' shall mean any licensed general or specialized hospital, institutional infirmary, health center operated by a county board of health, or facility where human births occur on a regular and ongoing basis which is classified by the Department of Human Resources Community Health as a birthing center, but shall not mean physicians or dentists private offices." SECTION 2-2. Code Section 20-3-476, relating to the authorization and administration of a loan program for attendance at colleges of osteopathic medicine, is amended by revising subsection (e) as follows: "(e) Loans made pursuant to this subpart shall be conditioned upon the recipients agreements in writing to repay the loans in services to the public through the practice of 4932 JOURNAL OF THE SENATE primary care medicine in an area of the state that is approved by the authority for purposes of this subpart as being a medically underserved area or in a hospital or facility operated by or under the jurisdiction of the Department of Human Resources Community Health or the Department of Corrections. Loans shall bear interest at the rate of 12 percent per annum from each date of disbursement of loan proceeds by the authority. For each year of practice by a loan recipient of primary care medicine in an authority approved area, hospital, or facility, the loan recipient shall be given credit for repayment of loan amounts received by the recipient under this subpart for one academic year of study or its equivalent as a full-time student. To the extent that loans made under this subpart are repaid in approved services rendered, all interest due the authority on such loans shall likewise be canceled. Loans made under this subpart that are not repaid in approved services rendered shall, together with interest thereon, be repaid to the authority in cash at times prescribed by the authority. Each applicant shall, before receiving the proceeds of a loan, enter into a written agreement with the authority, execute a promissory note, or sign such other documents as may be required by the authority, the terms and conditions of which shall be in accordance with and designed to accomplish the purposes of this subpart." SECTION 2-3. Code Section 20-3-513, relating to determination of amount of medical scholarships by the State Medical Education Board, is amended as follows: "20-3-513. Students whose applications are approved shall receive a loan or scholarship in an amount to be determined by the State Medical Education Board to defray the tuition and other expenses of the applicant in an accredited four-year medical school in the United States which has received accreditation or provisional accreditation by the Liaison Committee on Medical Education of the American Medical Association or the Bureau of Professional Education of the American Osteopathic Association for a program in medical education designed to qualify the graduate for licensure by the Composite State Board of Medical Examiners of Georgia. The loans and scholarships shall be paid in such manner as the State Medical Education Board shall determine and may be prorated so as to pay to the medical college or school to which any applicant is admitted such funds as are required by that college or school with the balance being paid directly to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the State Medical Education Board. The loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount of the loans or scholarships shall be repaid to the State of Georgia in services to be rendered by the applicant by practicing his or her profession in a State Medical Education Board approved rural county in Georgia of 35,000 population or less according to the United States decennial census of 1990 or any future such census or at any hospital or facility operated by or under the jurisdiction of the Department of Human Resources Community Health or at any facility operated by or under the jurisdiction of the Department of Corrections or at any facility operated by or FRIDAY, APRIL 4, 2008 4933 under the jurisdiction of the Department of Juvenile Justice. For each year of practicing his or her profession in such State Medical Education Board approved location, the applicant shall receive credit for the amount of the scholarship received during any one year in medical school, with the interest due on such amount." SECTION 2-4. Code Section 24-9-47, relating to disclosure of AIDS confidential information as evidence, is amended by revising paragraph (1) of subsection (h) as follows: "(h)(1) An administrator of an institution licensed as a hospital by the Department of Human Resources Community Health or a physician having a patient who has been determined to be infected with HIV may disclose to the Department of Human Resources: (A) The name and address of that patient; (B) That such patient has been determined to be infected with HIV; and (C) The name and address of any other person whom the disclosing physician or administrator reasonably believes to be a person at risk of being infected with HIV by that patient." SECTION 2-5. Code Section 24-10-70, relating to definitions relative to production of medical records as evidence, is amended by revising paragraph (1) as follows: "(1) 'Institution' shall have the meaning set forth in paragraph (1)(4) of Code Section 31-7-1 and shall also include a psychiatric hospital as defined in paragraph (7) of Code Section 37-3-1." SECTION 2-6. Code Section 25-2-13, relating to buildings presenting special hazards to persons or property, is amended by revising subparagraph (b)(1)(J) as follows: "(J) Personal care homes required to be licensed as such by the Department of Human Resources Community Health and having at least seven beds for nonfamily adults, and the Commissioner shall, pursuant to Code Section 25-2-4, by rule adopt state minimum fire safety standards for those homes, and any structure constructed as or converted to a personal care home on or after April 15, 1986, shall be deemed to be a proposed building pursuant to subsection (d) of Code Section 25-2-14 and that structure may be required to be furnished with a sprinkler system meeting the standards established by the Commissioner if he deems this necessary for proper fire safety." SECTION 2-7. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code Section 31-1-1, relating to definitions relative to general health provisions, as follows: "31-1-1. Except as specifically provided otherwise, as As used in this title, the term: 4934 JOURNAL OF THE SENATE (1) 'Board' means the Board of Human Resources. (2) 'Commissioner' means the commissioner of human resources. (3) 'Department' means the Department of Human Resources." SECTION 2-8. Said title is further amended in Code Section 31-7-1, relating to definitions relative to the regulation of hospitals and related institutions, as follows: "31-7-1. As used in this chapter, the term: (1) 'Board' means the Board of Community Health. (2) 'Commissioner' means the commissioner of community health. (3) 'Department' means the Department of Community Health. (4) 'Institution' means: (A) Reserved; (B) Any building, facility, or place in which are provided two or more beds and other facilities and services that are used for persons received for examination, diagnosis, treatment, surgery, maternity care, nursing care, or personal care for periods continuing for 24 hours or longer and which is classified by the department, as provided for in this chapter, as either a hospital, nursing home, or personal care home; (C)(B) Any health facility wherein abortion procedures under subsections (b) and (c) of Code Section 16-12-141 are performed or are to be performed; (D)(C) Any building or facility, not under the operation or control of a hospital, which is primarily devoted to the provision of surgical treatment to patients not requiring hospitalization and which is classified by the department as an ambulatory surgical treatment center; (E)(D) Any fixed or mobile specimen collection center or health testing facility where specimens are taken from the human body for delivery to and examination in a licensed clinical laboratory or where certain measurements such as height and weight determination, limited audio and visual tests, and electrocardiograms are made, excluding public health services operated by the state, its counties, or municipalities; (F)(E) Any building or facility where human births occur on a regular and ongoing basis and which is classified by the Department of Human Resources department as a birthing center; or (G)(F) Any building or facility which is devoted to the provision of treatment and rehabilitative care for periods continuing for 24 hours or longer for persons who have traumatic brain injury, as defined in Code Section 37-3-1; or (G) Any freestanding imaging center where magnetic resonance imaging, computed tomography (CT) scanning, positron emission tomography (PET) scanning, positron emission tomography/computed tomography, and other advanced imaging services as defined by the department by rule, but not including X-rays, fluoroscopy, or ultrasound services, are conducted in a location or setting not affiliated or attached FRIDAY, APRIL 4, 2008 4935 to a hospital or in the offices of an individual private physician or single group practice of physicians and conducted exclusively for patients of that physician or group practice. The term 'institution' shall exclude all physicians and dentists private offices and treatment rooms in which such dentists or physicians or dentists primarily see, consult with, and treat patients. (2)(5) 'Medical facility' means any licensed general hospital, destination cancer hospital, or specialty or specialized hospital, institutional infirmary, public health center, or diagnostic and treatment center. (3)(6) 'Permit' means a permit issued by the department upon compliance with the rules and regulations of the department. (4)(7) 'Provisional permit' means a permit issued on a conditional basis for one of the following reasons: (A) To allow a newly established institution a reasonable but limited period of time to demonstrate that its operational procedures equal standards specified by the rules and regulations of the department; or (B) To allow an existing institution a reasonable length of time to comply with rules and regulations, provided the institution shall present a plan of improvement acceptable to the department." SECTION 2-9. Said title is further amended by revising Code Section 31-7-2.1, relating to rules and regulations relative to the regulation of hospitals and related institutions, as follows: "(a) The department shall adopt and promulgate such reasonable rules and regulations which in its judgment are necessary to protect the health and lives of patients and shall prescribe and set out the kind and quality of building, equipment, facilities, and institutional services which institutions shall have and use in order to properly care for their patients. Such rules and regulations shall include detailed quality standards for specific clinical services which shall be required to be met by an institution prior to offering the particular service. Such rules and regulations shall require that all nursing homes annually offer unless contraindicated, contingent on availability, an influenza virus vaccine to all medicare and Medicaid-eligible patients and private-pay patients in their facilities, in accordance with the rules and regulations established pursuant to this subsection. Such rules and regulations shall also require that all nursing homes annually offer unless contraindicated, contingent on availability, a pneumococcal bacteria vaccine to all medicare-eligible patients and all private-pay patients, 65 years of age or older, in their facilities, in accordance with the rules and regulations established pursuant to this subsection. (b) The department shall compile and distribute, upon request, to interested persons a monthly list of those nursing homes and intermediate care homes surveyed, inspected, or investigated during the month, indicating each facility for which deficiencies have been cited by the department, and indicating where reports of the cited deficiencies and information regarding any sanctions imposed can be obtained. The department shall 4936 JOURNAL OF THE SENATE also make available the survey reports upon written request. (c) Except as provided in Code Sections 31-8-86 and 31-5-5, all worksheets or documents prepared or compiled by Department of Human Resources department surveyors in the course of nursing home surveys shall be provided upon written request to a nursing home which has received notice of intent to impose a remedy or sanction pursuant to 42 U.S.C. Section 1396r or Code Section 31-2-6; provided, however, that the names of residents and any other information that would reveal the identities of residents and the content of resident interviews shall not be disclosed except as provided in survey protocols of the federal Centers for Medicare and Medicaid Services. The department may charge a reasonable reproduction fee as provided in Code Section 50-18-70 et seq." SECTION 2-10. Said title is further amended by revising subsection (a) of Code Section 31-7-3, relating to requirements for permits to operate a health care institution, as follows: "(a) Any person or persons responsible for the operation of any institution, or who may hereafter propose to establish and operate an institution and to provide specified clinical services, shall submit an application to the department for a permit to operate the institution and provide such services, such application to be made on forms prescribed by the department. No institution shall be operated in this state without such a permit, which shall be displayed in a conspicuous place on the premises. No clinical services shall be provided by an institution except as approved by the department in accordance with the rules and regulations established pursuant to Code Section 31-7-2.1. Failure or refusal to file an application for a permit shall constitute a violation of this chapter and shall be dealt with as provided for in Article 1 of Chapter 5 of this title. Following inspection and classification of the institution for which a permit is applied for, the department may issue or refuse to issue a permit or a provisional permit. Permits issued shall remain in force and effect until revoked or suspended; provisional permits issued shall remain in force and effect for such limited period of time as may be specified by the department. Upon conclusion of the Atlantic Cardiovascular Patient Outcomes Research Team (C-PORT) Study, the department shall consider and analyze the data and conclusions of the study and promulgate rules pursuant to Code Section 31-7-2.1 to regulate the quality of care for therapeutic cardiac catheterization. All hospitals that participated in the study and are exempt from obtaining a certificate of need based on paragraph (22) of subsection (a) of Code Section 31-6-47 shall apply for a permit to continue providing therapeutic cardiac catheterization services once the department promulgates the rules required by this Code section." SECTION 2-11. Said title is further amended by revising Code Section 31-7-4, relating to denial or revocation of permits, as follows: "31-7-4. The department may refuse to grant a permit as provided for in Code Section 31-7-3 for FRIDAY, APRIL 4, 2008 4937 the operation of any institution that does not fulfill the minimum requirements which the department may prescribe by rules and regulations, and may revoke a permit which has been issued if an institution violates any of such rules and regulations, and may revoke a portion of a permit which has been issued as it relates to a specific clinical service if the quality standards established by the department pursuant to Code Section 31-7-2.1 for such clinical service are not met; provided, however, that before any order is entered refusing a permit applied for or revoking a permit previously granted, the applicant or permit holder, as the case may be, shall be afforded an opportunity for a hearing as provided for in Article 1 of Chapter 5 of this title. All appeals from such orders and all rights of enforcement by injunction shall be governed by Article 1 of Chapter 5 of this title." SECTION 2-12. Said title is further amended by revising Code Section 31-7-5, relating to exemptions from permit requirements to operate a health care institution, as follows: "31-7-5. Code Section 31-7-3 shall not apply to the offices of physicians or others practicing the healing arts unless the facilities and services described in paragraph (1)(4) of Code Section 31-7-1 are provided therein; nor shall this chapter apply to institutions operated exclusively by the federal government or by any of its agencies." SECTION 2-13. Said title is further amended by revising subsection (a) of Code Section 31-7-9, relating to reports by physicians and other personnel of nonaccidental injuries to patients, as follows: "(a) As used in this Code section, the term 'medical facility' includes, without being limited to, an ambulatory surgical treatment center defined in subparagraph (D)(C) of paragraph (1) (4) of Code Section 31-7-1 and a freestanding imaging center defined in subparagraph (G) of paragraph (4) of Code Section 31-7-1." SECTION 2-14. Said title is further amended by inserting a new Code Section to read as follows: "31-7-17. (a) Effective July 1, 2009, all matters relating to the licensure and regulation of hospitals and related institutions pursuant to this article shall be transferred from the Department of Human Resources to the Department of Community Health. (b) The Department of Community Health shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources that are in effect on June 30, 2009, or scheduled to go into effect on or after July 1, 2009, and which relate to the functions transferred to the Department of Community Health pursuant to this Code section and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources that are in effect on June 30, 2009, which relate to the functions transferred to the Department of 4938 JOURNAL OF THE SENATE Community Health pursuant to this Code section. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Community Health by proper authority or as otherwise provided by law. (c) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2009, by the Department of Human Resources which relate to the functions transferred to the Department of Community Health pursuant to this Code section shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the Department of Community Health. In all such instances, the Department of Community Health shall be substituted for the Department of Human Resources, and the Department of Community Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (d) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Community Health pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Community Health in similar capacities, as determined by the commissioner of community health. Such employees shall be subject to the employment practices and policies of the Department of Community Health on and after July 1, 2009, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Merit System of Personnel Administration and who are transferred to the department shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees Retirement System of Georgia or other public retirement systems on June 30, 2009, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2009. Accrued annual and sick leave possessed by said employees on June 30, 2009, shall be retained by said employees as employees of the Department of Community Health." SECTION 2-15. Said title is further amended in Code Section 31-7-150, relating to definitions relative to home health agencies, by adding a new paragraph to read as follows: "(1.1) 'Department' means the Department of Community Health." SECTION 2-16. Said title is further amended in Code Section 31-7-155, relating to certificates of need for new service or extending service area, as follows: "31-7-155. (a) No home health agency initiating service or extending the range of its service area shall be licensed unless the Department of Community Health department determines, in accordance with Article 3 of Chapter 6 of this title and regulations pursuant thereto, FRIDAY, APRIL 4, 2008 4939 that there is a need for said services within the area to be served. All home health agencies which were delivering services prior to July 1, 1979, and were certified for participation in either Title XVIII or Title XIX of the federal Social Security Act prior to such date shall be exempt from a certificate of need, except in those instances where expansion of services or service areas is requested by such home health agencies. Such exemption from a certificate of need shall extend to all areas in which a home health agency was licensed by the department to provide services on or before December 31, 1989, except as provided in subsection (b) of this Code section. (b) Concerning an exemption from a certificate of need pursuant to subsection (a) of this Code section, service areas which were the subject of litigation pending in any court of competent jurisdiction, whether by way of appeal, remand, stay, or otherwise, as of December 31, 1989, shall not be so exempt except as set forth in the final unappealed administrative or judicial decision rendered in such litigation. (c) Except with respect to a home health agencys service areas which were the subject of litigation pending in any court of competent jurisdiction as of December 31, 1989, the Department of Community Health department shall not consider any request for or issue a determination of an exemption from a certificate of need pursuant to this Code section after December 31, 1989." SECTION 2-17. Said title is further amended by inserting a new Code Section to read as follows: "31-7-159. (a) Effective July 1, 2009, all matters relating to the licensure and regulation of home health agencies pursuant to this article shall be transferred from the Department of Human Resources to the Department of Community Health. (b) The Department of Community Health shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources that are in effect on June 30, 2009, or scheduled to go into effect on or after July 1, 2009, and which relate to the functions transferred to the Department of Community Health pursuant to this Code section and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources that are in effect on June 30, 2009, which relate to the functions transferred to the Department of Community Health pursuant to this Code section. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Community Health by proper authority or as otherwise provided by law. (c) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2009, by the Department of Human Resources which relate to the functions transferred to the Department of Community Health pursuant to this Code section shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the Department of Community Health. In all such instances, the Department of Community Health shall be substituted for the Department 4940 JOURNAL OF THE SENATE of Human Resources, and the Department of Community Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (d) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Community Health pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Community Health in similar capacities, as determined by the commissioner of community health. Such employees shall be subject to the employment practices and policies of the Department of Community Health on and after July 1, 2009, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Merit System of Personnel Administration and who are transferred to the department shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees Retirement System of Georgia or other public retirement systems on June 30, 2009, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2009. Accrued annual and sick leave possessed by said employees on June 30, 2009, shall be retained by said employees as employees of the Department of Community Health." SECTION 2-18. Said title is further amended by revising Code Section 31-7-175, relating to the administration of the "Georgia Hospice Law," as follows: "31-7-175. (a) The administration of this article is vested in the Department of Human Resources which shall: (1) Prepare and furnish all forms necessary under the provisions of this article in relation to the application for licensure or renewals thereof; (2) After consultation with appropriate public interest groups, adopt rules within the standards of this article necessary to effect the purposes of this article; and (3) Establish comprehensive rules and regulations for the licensure of hospices. (b) Rules promulgated by the department shall include but not be limited to the following: (1) The qualifications of professional and ancillary personnel in order to furnish adequate hospice care; (2) Standards Comprehensive standards for the organization and quality of patient care; (3) Procedures for maintaining records; (4) Standards Comprehensive standards for inpatient facilities, to include specifications that the hospice retain primary responsibility for the coordination of inpatient hospice care; (5) Provision for contractual arrangements for professional and ancillary hospice services; and FRIDAY, APRIL 4, 2008 4941 (6) Provisions for the imposition of administrative fines for any violations of any provisions of this article or of department rules or regulations. (c) The department is directed to have in place regulations by March 1, 1984." SECTION 2-19. Said title is further amended in Code Section 31-7-250, relating to definitions relative to facility licensing and employee records checks for personal care homes, by adding a new paragraph to read as follows: "(3.1) 'Department' means the Department of Community Health." SECTION 2-20. Said title is further amended by inserting a new Code section to read as follows: "31-7-265. (a) Effective July 1, 2009, all matters relating to facility licensing and employee records checks for personal care homes pursuant to this article shall be transferred from the Department of Human Resources to the Department of Community Health. (b) The Department of Community Health shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources that are in effect on June 30, 2009, or scheduled to go into effect on or after July 1, 2009, and which relate to the functions transferred to the Department of Community Health pursuant to this Code section and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources that are in effect on June 30, 2009, which relate to the functions transferred to the Department of Community Health pursuant to this Code section. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Community Health by proper authority or as otherwise provided by law. (c) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2009, by the Department of Human Resources which relate to the functions transferred to the Department of Community Health pursuant to this Code section shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the Department of Community Health. In all such instances, the Department of Community Health shall be substituted for the Department of Human Resources, and the Department of Community Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (d) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Community Health pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Community Health in similar capacities, as determined by the commissioner of community health. Such employees shall be subject to the employment practices and policies of the Department of Community Health on and after July 1, 2009, but the compensation and benefits of such transferred employees 4942 JOURNAL OF THE SENATE shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Merit System of Personnel Administration and who are transferred to the department shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees Retirement System of Georgia or other public retirement systems on June 30, 2009, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2009. Accrued annual and sick leave possessed by said employees on June 30, 2009, shall be retained by said employees as employees of the Department of Community Health." SECTION 2-21. Said title is further amended in Code Section 31-7-280, relating to health care provider annual reports, by revising subsection (a) as follows: "(a) As used in this article, the term: (1) 'Department' means the Department of Community Health. (1)(2) 'Health care provider' means any hospital or ambulatory surgical or obstetrical facility having a license or permit issued by the department under Article 1 of this chapter. (2)(3) 'Indigent person' means any person having as a maximum allowable income level an amount corresponding to 125 percent of the federal poverty guideline. (3)(4) 'Third-party payor' means any entity which provides health care insurance or a health care service plan, including but not limited to providers of major medical or comprehensive accident or health insurance, whether or not through a self-insurance plan, Medicaid, hospital service nonprofit corporation plans, health care plans, or nonprofit medical service corporation plans, but does not mean a specified disease or supplemental hospital indemnity payor." SECTION 2-22. Said title is further amended by revising Code Section 31-7-282, relating to collection and submission of health care data, as follows: "31-7-282. The department shall be authorized to request, collect, or receive the collection and submission of data listed in subsection (c) of Code Section 31-7-280 from: (1) Health care providers; (2) The Department of Community Health Human Resources; (3) The Commissioner of Insurance; (4) Reserved; (5) Third-party payors; (6) The Joint Commission on the Accreditation of Healthcare Organizations; and (7) Other appropriate sources as determined by the department. Any entity specified in paragraphs (1) through (4) of this Code section which has in its custody or control data requested by the department pursuant to this Code section shall FRIDAY, APRIL 4, 2008 4943 provide the department with such data, but any data regarding a health care provider which is already available in the records of any state officer, department, or agency specified in paragraph (2), (3), or (4) of this Code section shall not be required to be provided to the department by that health care provider." SECTION 2-23. Said title is further amended in Code Section 31-7-300, relating to definitions relative to private home care providers, by revising paragraph (2) as follows: "(2) 'Department' means the Department of Human ResourcesCommunity Health." SECTION 2-24. Said title is further amended by inserting a new Code section to read as follows: "31-7-308. (a) Effective July 1, 2009, all matters relating to the licensure and regulation of private home care providers pursuant to this article shall be transferred from the Department of Human Resources to the Department of Community Health. (b) The Department of Community Health shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources that are in effect on June 30, 2009, or scheduled to go into effect on or after July 1, 2009, and which relate to the functions transferred to the Department of Community Health pursuant to this Code section and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources that are in effect on June 30, 2009, which relate to the functions transferred to the Department of Community Health pursuant to this Code section. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Community Health by proper authority or as otherwise provided by law. (c) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2009, by the Department of Human Resources which relate to the functions transferred to the Department of Community Health pursuant to this Code section shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the Department of Community Health. In all such instances, the Department of Community Health shall be substituted for the Department of Human Resources, and the Department of Community Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (d) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Community Health pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Community Health in similar capacities, as determined by the commissioner of community health. Such employees shall be subject to the employment practices and policies of the Department of Community Health on and after July 1, 2009, but the compensation and benefits of such transferred employees 4944 JOURNAL OF THE SENATE shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Merit System of Personnel Administration and who are transferred to the department shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees Retirement System of Georgia or other public retirement systems on June 30, 2009, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2009. Accrued annual and sick leave possessed by said employees on June 30, 2009, shall be retained by said employees as employees of the Department of Community Health." SECTION 2-25. Said title is further amended by inserting a new Code section to read as follows: "31-7-354. The Department of Community Health shall be authorized to enforce this article and to promulgate rules and regulations related to the requirements of this article." SECTION 2-26. Said title is further amended in Code Section 31-7-400, relating to definitions relative to hospital acquisitions, by revising paragraph (8) as follows: "(8) 'Hospital' means any institution classified and having a permit as a hospital from the department Department of Community Health pursuant to this chapter and the such departments rules and regulations." SECTION 2-27. Said title is further amended in Code Section 31-8-46, relating to investigation of alleged violation of requirement of hospitals with emergency services to provide care to pregnant women in labor, is amended by revising subsection (c) as follows: "(c) Any hospital held to be in violation of Code Section 31-8-42 more than three times within any 12 month period shall be subject to suspension or revocation of license by the Department of Human Resources Community Health." SECTION 2-28. Said title is further amended in Code Section 31-11-81, relating to definitions relative to emergency services, is amended by revising paragraph (2) as follows: "(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 Community Health, any hospital based service, or any physician licensed by the Composite State Board of Medical Examiners who provides emergency services." SECTION 2-29. Said title is further amended in Code Section 31-18-3, relating to reporting procedures for FRIDAY, APRIL 4, 2008 4945 the registry for traumatic brain and spinal cord injuries, is amended as follows: "31-18-3. Every public and private health and social agency, every hospital or facility that has a valid permit or provisional permit issued by the Department of Human Resources Community Health under Chapter 7 of this title, and every physician licensed to practice medicine in this state, if such physician has not otherwise reported such information to another agency, hospital, and facility, shall report to the Brain and Spinal Injury Trust Fund Commission such information concerning the identity of the person such agency, hospital, facility, or physician has identified as having a traumatic brain or spinal cord injury as defined in this chapter. The report shall be made within 45 days after identification of the person with the traumatic brain or spinal cord injury. The report shall contain the name, age, address, type and extent of disability injury, and such other information concerning the person with the disability injury as the Brain and Spinal Injury Trust Fund Commission, which is administratively assigned to the department, may require." SECTION 2-30. Said title is further amended in Code Section 31-20-1, relating to definitions relative to performance of sterilization procedures, is amended by revising paragraph (1) as follows: "(1) 'Accredited hospital' means a hospital licensed by the Department of Human Resources Community Health and accredited by the Joint Commission on the Accreditation of Hospitals." SECTION 2-31. Said title is further amended in Code Section 31-21-5, relating to incineration or cremation of dead body or parts thereof, is amended by revising subsection (a) as follows: "(a) It shall be unlawful for any person to incinerate or cremate a dead body or parts thereof; provided, however, that the provisions of this subsection shall not apply to a crematory licensed by the State Board of Funeral Service pursuant to Chapter 18 of Title 43 or to a hospital, clinic, laboratory, or other facility authorized by the Department of Human Resources Community Health and in a manner approved by the commissioner of human resources community health." SECTION 2-32. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 31-33-2, relating to furnishing copies of health records to patients, providers, or other authorized persons, as follows: "(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: 4946 JOURNAL OF THE SENATE (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)(A) of paragraph (1)(4) 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." SECTION 2-33. Code Section 33-19-10, relating to limitation as to hospitals with which corporations authorized to contract, is amended as follows: "33-19-10. The corporations shall have authority to contract only with hospitals licensed by the Department of Human Resources Community Health." SECTION 2-34. Code Section 36-42-3, relating to definitions relative to downtown development authorities, is amended by revising paragraph (6) as follows: "(6) 'Project' means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements located or to be located within the downtown development area, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, any undertaking authorized by Chapter 43 of this title as part of a city business improvement district, any undertaking authorized in Chapter 44 of this title, the 'Redevelopment Powers Law,' when the downtown development authority has been designated as a redevelopment agency, or any undertaking authorized in Chapter 61 of this title, the 'Urban Redevelopment Law,' when the downtown development authority has been designated as an urban redevelopment agency, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities in its authorized area of operation. A project may be for any industrial, commercial, business, office, parking, public, or other use, provided that a majority of the members of the authority determine, by a duly adopted resolution, that the project and such use thereof would further the public purpose of this chapter. Such term shall include any one or more buildings or structures used or to be used as a not for profit hospital, not for profit skilled nursing home, or not for profit intermediate care home subject to regulation and licensure by the Department of Human Resources Community Health and all necessary, convenient, or related interests in land, machinery, apparatus, appliances, equipment, furnishings, appurtenances, site preparation, landscaping, and physical amenities." FRIDAY, APRIL 4, 2008 4947 SECTION 2-35. Code Section 43-34-26.3, relating to delegation of certain medical acts to advanced practice registered nurse, is amended by revising paragraph (2) of subsection (a) as follows: "(2) 'Birthing center' means a facility or building where human births occur on a regular or ongoing basis and which is classified by the Department of Human Resources Community Health as a birthing center." SECTION 2-36. Code Section 44-14-470, relating to liens on causes of action accruing to injured person for costs of care and treatment of injuries arising out of such causes of action, is amended by revising paragraph (1) of subsection (a) as follows: "(1) 'Hospital' means any hospital or nursing home subject to regulation and licensure by the Department of Human Resources Community Health." SECTION 2-37. Code Section 51-1-29.3, relating to immunity for operators of external defibrillators, is amended by revising paragraph (3) of subsection (a) as follows: "(3) Any physician or other medical professional who authorizes, directs, or supervises the installation or provision of automated external defibrillator equipment in or on any premises or conveyance other than any medical facility as defined in paragraph (2)(5) of Code Section 31-7-1; and" SECTION 2-38. Code Section 51-2-5.1, relating to the relationship between hospital and health care provider as a prerequisite to liability, is amended by revising paragraph (2) of subsection (a) as follows: "(2) 'Hospital' means a facility that has a valid permit or provisional permit issued by the Department of Human Resources Community Health under Chapter 7 of Title 31." SECTION 2-39. Code Section 52-7-14, relating to collisions, accidents, and casualties relative to watercraft, is amended by revising subparagraph (c)(4)(A) as follows: "(A) As used in this paragraph, the term 'medical facility' means any licensed general or specialized hospital, institutional infirmary, public health center, or diagnostic and treatment center. The term also includes, without being limited to, any building or facility, not under the operation or control of a hospital, which is primarily devoted to the provision of surgical treatment to patients not requiring hospitalization and which is classified by the Department of Human Resources Community Health as an ambulatory surgical treatment center." PART III Effective Date and Repealer. 4948 JOURNAL OF THE SENATE SECTION 3-1. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2008, and shall only apply to applications submitted on or after July 1, 2008. (b) Part II of this Act shall become effective on July 1, 2009. SECTION 3-2. 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 433. On the motion, a roll call was taken and the vote was as follows: Y Adelman C Balfour N Brown Y Bulloch N Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody C Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed C Rogers Y Schaefer C Seabaugh N Seay Y Shafer,D Y Smith Y Staton C Stoner N Tarver N Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 44, nays 6; the motion prevailed, and the Senate agreed to the House substitute to SB 433. The following House legislation was read the first time and referred to committee: HB 750. By Representative Cheokas of the 134th: A BILL to be entitled an Act to provide that future elections for the office of judge of the probate court of Sumter County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting FRIDAY, APRIL 4, 2008 4949 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. Senator Carter of the 13th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 474. By Senators Staton of the 18th, Heath of the 31st, Douglas of the 17th, Powell of the 23rd, Thomas of the 54th and others: A BILL to be entitled an Act to amend Title 39 of the Official Code of Georgia Annotated, relating to minors, so as to provide for definitions; to provide for the availability of parental controls over Internet access by children; to provide for the development and distribution of Internet online safety curricula and information; to provide for the monitoring of Internet use by registered sexual offenders; to provide for the registration of e-mail addresses and usernames of registered sexual offenders; to provide for certain disclosures; to provide that interactive computer services shall provide certain information for investigative purposes; to provide for the reporting by interactive computer services of child pornography violations; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Part 2 of Article 6 of Chapter 2 of Title 20, Title 39, Code Section 42-1-12, and Code Section 42-8-35 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, minors, the State Sexual Offender Registry, and terms and conditions of probation, respectively, so as to provide greater protection to children with regard to the use of the Internet; to provide for the development and distribution of Internet online safety education and information; to provide for definitions; to provide for the availability of parental controls over Internet access by minors; to provide for immunity for interactive computer service providers; to provide for the crime of failing to report certain information to the Cyber Tipline at the National Center for Missing and Exploited Children; to provide for penalties; to require registered sexual offenders to provide additional information as a part of the required registration information; to provide for additional probationary conditions for a probationer who has been convicted of a criminal offense against a victim who is a minor or dangerous sexual offense as those terms are defined in Code Section 42-1-12; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. 4950 JOURNAL OF THE SENATE 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, is amended by adding a new Code section to read as follows: "20-2-149. (a) The Department of Education shall develop a model program for educating students regarding online safety while using the Internet, taking into consideration educational materials on this topic developed by other states as well as any other materials suggested by education experts, child psychologists, and technology companies that promote child online safety issues. (b) Each local board of education may incorporate into its instructional program a component on online Internet safety to be taught on a schedule as determined by the local board of education." SECTION 2. Title 39 of the Official Code of Georgia Annotated, relating to minors, is amended by adding a new chapter to read as follows: "CHAPTER 5 39-5-1. As used in this chapter, the term: (1) 'Internet or any other computer network' means the computer network commonly known as the Internet and any other local, regional, or global computer network that is similar to or is a predecessor or successor of the Internet. (2) 'Internet access provider' means an entity that provides consumers with access to the Internet; provided, however, that such term shall not include an entity that provides access to the Internet using wireless service. (3) 'Interactive computer service' means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions; provided, however, that such term shall not include an entity that provides access to the Internet using wireless service. (4) 'Minor' means a person who is less than 18 years of age. (5) 'Wireless service' shall have the same meaning as set forth in paragraph (3) of Code Section 46-5-221. 39-5-2. (a) If an Internet access provider knows or has reason to know from registration data in its possession that a subscriber currently resides within this state, such provider shall make available to the subscriber, in accordance with subsection (c) of this Code section, FRIDAY, APRIL 4, 2008 4951 a product or service that enables the subscriber to control a minors use of the Internet, if such product or service is reasonably and commercially available for the technology used by the subscriber to access the Internet. (b) The product or service shall enable, in a commercially reasonable manner, the subscriber to: (1) Block a minors access to specific websites or domains; (2) Restrict a minors access exclusively to specific websites or domains approved by the subscriber; and (3) Allow the subscriber to monitor a minors use of the Internet service by providing a report to the subscriber of the specific websites or domains that the minor has visited or has attempted to visit but could not access because the websites or domains were blocked or restricted by the subscriber. (c) If a product or service described in this Code section is reasonably and commercially available for the technology utilized by the subscriber to access the Internet service, the Internet service provider shall: (1) Provide to the subscriber, at or near the time of subscription, information about the availability of a product or service described in this Code section; or (2) Make a product or service described in this Code section available to the subscriber either directly or through a third-party vendor and may charge for the product or service. 39-5-3. (a) Telecommunications service providers, wireless service providers, and providers of information services, including, but not limited to Internet service providers and hosting service providers, shall not be liable under this chapter by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications or information services used by others in violation of this chapter. (b) No provider of an interactive computer service shall be liable under this chapter for: (1) Identifying, removing, disabling, blocking, or otherwise affecting a user based upon a good faith belief that users e-mail address, username, or other similar Internet identifier appeared in the National Sex Offender Registry or the state sexual offender registry; or (2) Failing to identify, block, or otherwise prevent a person from registering for an interactive computer service or failing to remove, disable, or otherwise affect a registered user whose e-mail address, username, or other similar Internet identifier appeared in the National Sex Offender Registry or the state sexual offender registry. 39-5-4. (a) An interactive computer service doing business in this state that obtains knowledge of facts or circumstances from which a violation of any law of this state prohibiting child pornography is apparent shall make a report, as soon as reasonably possible, of 4952 JOURNAL OF THE SENATE such facts and circumstances to the Cyber Tipline at the National Center for Missing and Exploited Children. (b) Any interactive computer service that knowingly and willfully violates subsection (a) of this Code section shall be guilty of a misdemeanor and upon a second or subsequent conviction shall be guilty of a misdemeanor of a high and aggravated nature." SECTION 3. Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the State Sexual Offender Registry, is amended by revising subsection (a) of Code Section 42-112, by adding two new paragraphs to read as follows: "(21.1) 'Username' means a string of characters chosen to uniquely identify an individual who uses a computer or other device with Internet capability to communicate with other individuals through the exchange of e-mail or instant messages or by participating in interactive online forums. (21.2) 'User password' means a string of characters that enables an individual who uses a computer or other device with Internet capability to gain access to e-mail messages and interactive online forums." SECTION 4. Said Code section is further amended by revising subparagraphs (a)(16)(J) and (a)(16)(K) as follows: "(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) E-mail addresses, usernames, and user passwords; and (L) 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." SECTION 5. Code Section 42-8-35 of the Official Code of Georgia Annotated, relating to terms and conditions of probation, is amended by revising subsection (b) as follows: "(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 those terms are defined in 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 loitering in areas where minors congregate, child care facilities, churches, or schools as those terms are defined in Code Section 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 FRIDAY, APRIL 4, 2008 4953 department shall assess and collect fees from the probationer for such monitoring at levels set by regulation by the department; and (3) Required, either in person or through remote monitoring, to allow viewing and recording of the probationers incoming and outgoing e-mail, history of websites visited and content accessed, and other Internet based communication; (4) Required to have periodic unannounced inspections of the contents of the probationers computer or any other device with Internet access including the retrieval and copying of all data from the computer or device and any internal or external storage or portable media and the removal of such information, computer, device, or medium; and (5) Prohibited from seeking election to a local board of education. (c) The supervision provided for under subsection (b) of this Code section shall be conducted by a probation officer, law enforcement officer, or computer information technology specialist working under the supervision of a probation officer or law enforcement agency." SECTION 6. This Act shall become effective on July 1, 2008; provided, however, that Sections 3 and 4 of this Act shall become effective on January 1, 2009. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senator Staton of the 18th moved that the Senate agree to the House substitute to SB 474. On the motion, a roll call was taken and the vote was as follows: Y Adelman C Balfour Y Brown Y Bulloch Y Butler C Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Heath Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody C Mullis Y Murphy Orrock Y Pearson Y Powell Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber 4954 JOURNAL OF THE SENATE Y Harbison Y Harp Y Hawkins Y Ramsey Y Reed C Rogers Y Wiles Y Williams On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 474. Senator Chance of the 16th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: HB 963. By Representatives Geisinger of the 48th, Setzler of the 35th, Lindsey of the 54th, Smith of the 70th, Porter of the 143rd 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 and special license plates, so as to provide a special license plate commemorating and supporting the sport of soccer in Georgia; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to the Georgia State Soccer Association, Inc.; to repeal conflicting laws; and for other purposes. Senator Hill of the 32nd moved that the Senate recede from its substitute to HB 963. On the motion, a roll call was taken and the vote was as follows: Y Adelman C Balfour Y Brown Y Bulloch Y Butler C Carter C Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins N Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody C Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed C Rogers Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Tolleson Y Unterman Y Weber Y Wiles Williams FRIDAY, APRIL 4, 2008 4955 On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate receded from its substitute to HB 963. The following resolution was taken up to consider House action thereto: SR 822. By Senators Shafer of the 48th, Mullis of the 53rd, Reed of the 35th, Pearson of the 51st, Smith of the 52nd and others: A RESOLUTION creating the Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission; and for other purposes. The House substitute was as follows: A RESOLUTION Correcting the Georgia-Tennessee and Georgia-North Carolina boundaries; and for other purposes. WHEREAS, the northern border of the State of Georgia and the southern border of the State of Tennessee and North Carolina lies at the 35th parallel, north of the southernmost bank of the Tennessee River; and WHEREAS, a flawed survey conducted in 1818 and never accepted by the State of Georgia erroneously marks the 35th parallel south of its actual location; and WHEREAS, over a long period of years, from time to time, the legislatures of both states have undertaken to authorize the appointment of committees and many other measures for the purposes of resolving the issues associated with the wrongly surveyed and erroneously marked border; and WHEREAS, by an Act of the General Assembly of North Carolina, approved in 1881 (N.C. Gen. Stat. 141-1 to 6 (1964)), the General Assembly of North Carolina authorized the Governor of North Carolina to appoint commissioners and a surveyor from North Carolina to act with the commissioners and surveyors appointed or to be appointed by any of the states contiguous to North Carolina to resurvey and mark the boundary lines between these states; and WHEREAS, no official record of any such commissioners and surveyors as provided for in said Act exists; and WHEREAS, by an Act of the Tennessee General Assembly, approved October 30, 1819, which attempted to ratify the flawed 1818 survey, provided "that this act shall take effect 4956 JOURNAL OF THE SENATE and be in force so soon as the state of Georgia shall have passed a law similar in its provisions." Since Georgia has never passed such a law, Tennessees own ratification is ineffective; and WHEREAS, by an Act of the General Assembly of Georgia, approved October 15, 1887 (Ga. L. 1886-87, p. 105), the General Assembly of Georgia directed the Governor to communicate with the Governor of Tennessee for the purpose of having a joint survey and settlement of the disputed boundary question and authorized the appointment of a committee to meet with an assembly committee representing the State of Tennessee, whose duty it would be to survey, establish, and proclaim the true boundary line; and WHEREAS, by an Act approved April 8, 1889 (H.B. 749), the General Assembly of the State of Tennessee made a similar legislative finding and enacted a similar authorization expressing "grave doubts" as to the location of the state line between Georgia and Tennessee; and WHEREAS, in July of 1891, Governor William J. Northern of Georgia wrote Governor J. P. Buchanan of Tennessee enclosing a copy of Georgias 1887 Act and drawing attention to the fact that it was in the interest of the citizens of both states that the Governors cooperate in definitively determining the boundary; and WHEREAS, after receiving no reply, Governor Northern again wrote Governor Buchanan of Tennessee in December of 1891, to no avail; and WHEREAS, after a third letter, to which there was no response, Governor Northern appointed three Georgia commissioners, who were not met with like commissioners, as prescribed by the 1889 Tennessee Act; and WHEREAS, by a resolution approved December 21, 1897 (1897 Ga. L., p. 595), the Georgia General Assembly reiterated "great uncertainty concerning the true northern boundary of this State," and appointed W. A. Wimbish to make a study of all documents and reports dealing with the boundary matter; and WHEREAS, by a resolution approved December 20, 1898 (Ga. L. 1898, p. 402), the Georgia General Assembly approved the creation of a "joint tribunal" to consist of three judges or commissioners each from the States of Georgia, Tennessee, and North Carolina for the purposes of resolving the border dispute; and WHEREAS, neither Tennessee nor North Carolina cooperated in the tribunal; and WHEREAS, on April 15, 1905 (S.B. 513), the Tennessee General Assembly passed legislation similar to that of 1889, again expressing "grave doubts" as to the GeorgiaTennessee boundary; and FRIDAY, APRIL 4, 2008 4957 WHEREAS, by a resolution approved August 17, 1906 (Ga. L. 1906, p. 1160), the Georgia General Assembly passed another resolution disputing the location of the line between the two states which authorized the Governor of Georgia to confer with the Governor of Tennessee; and WHEREAS, by a resolution approved August 19, 1916 (Ga. L. 1916, 1042), the Georgia General Assembly passed a resolution calling for a resurvey of the eastern end of the Georgia-Tennessee boundary; and WHEREAS, on August 16, 1922 (Ga. L. 1922, p. 1139), the Georgia General Assembly passed a similar resolution calling for the resurvey of the western end of the GeorgiaTennessee boundary; and WHEREAS, by a resolution approved March 6, 1941 (Ga. L. 1941, p. 1850), the General Assembly directed the Governor of Georgia to communicate with the Governor of Tennessee for the purpose of having a joint survey and settlement of the disputed question and further resolved that a standing committee of the House of Representatives be created to meet with a similar committee of the State of Tennessee to establish, survey, and proclaim the true boundary line between Georgia and Tennessee; and WHEREAS, by a resolution approved March 27, 1947 (Ga. L. 1947, p. 1728), the General Assembly appointed a commission to negotiate with the proper authorities of the State of Tennessee and to agree upon and to fix a definite boundary line, and, in the failure of the commission to reach a settlement, the General Assembly authorized and directed Attorney General of the State of Georgia to institute suit in the federal courts for purposes of accurately determining the boundary line between Georgia and Tennessee; and WHEREAS, by a resolution approved March 6, 1971 (Ga. L. 1971, p. 2374), the General Assembly directed the Governor of Georgia to communicate with the Governors of North Carolina and Tennessee for the purpose of having joint surveys and settlements of the disputed boundary questions and further resolved that a Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission be created to meet with similar commissions of the legislatures of the states of North Carolina and Tennessee to establish, survey, and proclaim the true boundary lines between Georgia and North Carolina and between Georgia and Tennessee, and to take such further or other action or pursue such remedy or remedies as the joint Commission of the Georgia General Assembly, by a majority vote, deems proper to establish the definite and true boundary lines between Georgia and North Carolina and Georgia and Tennessee; and WHEREAS, by suggestion of the United States Court of Appeals for the D.C. Circuit, the Chairman of the Tennessee Public Service Commission and the Chairman of the Georgia Public Service Commission agreed in 1974 to reserve resolution of the general boundary 4958 JOURNAL OF THE SENATE issue until a later date (15 FERC, p. 61240), the resolution of which has never been reached; and WHEREAS, notwithstanding these authorizations and directions, the boundary lines have never been accurately resurveyed and marked and remain in doubt; and WHEREAS, it is to the public interest and welfare that accurate and exact lines between the said states be established and proclaimed. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor of Georgia has the full support of the General Assembly and is hereby strongly urged to initiate negotiations with the Governors of Tennessee and North Carolina for the purpose of correcting the flawed 1818 survey erroneously marking the 35th parallel south of its actual location and to officially recognize the State of Georgias northern border with the States of Tennessee and North Carolina as the precise 35th parallel as was intended when both states were created. The Governor of Georgia shall have the authority to negotiate settlement of the issue for the State of Georgia which shall be binding upon the State with the approval of such agreement by the General Assembly. BE IT FURTHER RESOLVED that should the Governor of Georgias negotiations with the Governors of Tennessee and North Carolina fail to come to any resolution to the issue of the disputed boundary between the two states, then the Attorney General of Georgia is authorized to take the appropriate legal action to correct Georgia's northern border at the 35th parallel. Such legal action by the Attorney General of Georgia includes, but is not limited to, initiating suit in the United States Supreme Court against either or both of the States of Tennessee and North Carolina for final settlement of this boundary issue. BE IT FURTHER RESOLVED that it is the clear and express intent of the General Assembly to correct, establish, survey, and proclaim the northern border of the State of Georgia and the southern border of the States of Tennessee and North Carolina at the true 35th parallel. Senator Shafer of the 48th moved that the Senate agree to the House substitute to SR 822. On the motion, a roll call was taken and the vote was as follows: Y Adelman C Balfour Y Brown Y Bulloch Y Butler C Carter C Chance Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Hudgens Y Jackson Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner FRIDAY, APRIL 4, 2008 4959 Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Johnson Y Jones Y Me V Bremen Y Moody C Mullis Y Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed C Rogers Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 822. The following bill was taken up to consider House action thereto: HB 1035. By Representatives Smith of the 129th, Sheldon of the 105th, Floyd of the 147th, Rogers of the 26th, May of the 111th 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 motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Williams of the 19th asked unanimous consent that the Senate insist on its amendment to HB 1035. The consent was granted, and the Senate insisted on its amendment to HB 1035. The following resolutions were read and adopted: SR 1358. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Don Walker; and for other purposes. SR 1359. By Senator Tarver of the 22nd: A RESOLUTION honoring the life of and expressing regret at the passing of Dr. Emmett T. Martin; and for other purposes. 4960 JOURNAL OF THE SENATE The following Senators were excused for business outside the Senate Chamber: Henson of the 41st Staton of the 18th The following bill was taken up to consider House action thereto: SB 52. By Senators Jones of the 10th, Adelman of the 42nd, Weber of the 40th and Thompson of the 5th: A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to change the provisions relating to the authority of the chief executive officer to preside over meetings of the county commission and vote in certain instances; to change the provisions relating to the authority of the chief executive officer to set the agenda for meetings of the county commission; to provide for related matters; to provide for a referendum; 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 revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to change the provisions relating to the authority of the chief executive officer to preside over meetings of the county commission and vote in certain instances; to change the provisions relating to the authority of the chief executive officer to set the agenda for meetings of the county commission; to provide for related matters; to provide for a referendum; 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 revising, superseding, and consolidating the laws relating to the governing FRIDAY, APRIL 4, 2008 4961 authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, is amended by adding a new paragraph (20) to subsection (a) of Section 9 of the 1981 amendatory Act (Ga. L. 1981, p. 4304) to read as follows: "(20) To prepare an agenda for meetings of the Commission. The commission shall accept agenda items by the chief executive officer upon motion by any commissioner to be placed upon the agenda, pursuant to the rules by which an item may be placed on the agenda by a member of the commission." SECTION 2. Said Act is further amended by striking subsections (a) and (c) of Section 11 of the 1981 amendatory Act (Ga. L. 1981, p. 4304) in their entirety and inserting in lieu thereof new subsections (a) and (c) to read as follows: "(a) The chief executive shall have no vote at any regular or specially called meeting of the commission unless the members of the commission are equally divided. Even when the members of the commission are equally divided, the chief executive may not vote on a matter which is not subject to veto by said officer under the provisions of subsection (d) of Section 15 of this Act." "(c) The Presiding Officer shall preside at meetings of the Commission and shall have the following additional duties: (1) To convene such special meetings of the Commission as are deemed necessary, but all members shall be notified at least three days in advance of any such special meeting; (2) To appoint the members and chairpersons of such committees of the Commission as the Commission, by its rules, may establish and fill vacancies therein, but any such appointments may be rejected by a majority vote of the total membership of the Commission; (3) To compel the attendance of members at meetings of the Commission by subpoena, if necessary, subject to the policy of the Commission as established by its rules; and (4) To exercise such other powers and duties as may be assigned to the Presiding Officer by ordinance or rules and regulations of the Commission." SECTION 3. Said Act is further amended by striking subsection (l) of Section 13 of the 1981 amendatory Act (Ga. L. 1981, p. 4304) in its entirety which reads as follows: "(l) The Chief Executive shall issue calls for agenda items and shall prepare and publish a listing of those items and the same shall serve as the agenda for the Commission unless superseded by the Commission." SECTION 4. Said Act is further amended by revising Section 20 as follows: 4962 JOURNAL OF THE SENATE "Section 20. Records; minutes. The Commission shall appoint a clerk who shall be the clerk of the Chief Executive and the Commission and shall keep a proper and accurate book of minutes wherein shall appear all the acts, orders, and proceedings of the Commission, in chronological order, and a similar book of minutes wherein shall appear, in chronological order, all acts, orders, and proceedings of the Chief Executive. The minute books of the Chief Executive and the Commission shall be open to public inspection at all times during the regular office hours, and certified copies of any entries therein shall be furnished by the said clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as other funds, to be assessed by the Commission in an amount sufficient to defray the cost of preparing same. In addition, the clerk shall manage the agenda for meetings of the Commission and perform such other duties as the Commission may direct." SECTION 5. Unless otherwise prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct a special election for the purpose of submitting this Act to the electors of DeKalb County for approval or rejection. The election superintendent shall conduct that election on a practicable date in 2008 authorized under Code Section 21-2-540 of the O.C.G.A.; provided, however, that if the conducting of the election under this Act earlier is impracticable, then the election superintendent shall conduct the election under this Act on the Tuesday after the first Monday in November, 2008. The election superintendent shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which provides for the presiding officer to ( ) NO preside over meetings of the DeKalb County Commission and for the commission to establish its own agenda for such meetings?" 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 the approval of the Act, Sections 1, 2, 3, and 4 of this Act shall become of full force and effect on the first day of January immediately following such election. If the Act is not approved or if the election is not conducted as provided in this section, Sections 1, 2, 3, and 4 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 DeKalb County. It shall be the duty of the election superintendent of DeKalb County to certify the results thereof to the Secretary of State. SECTION 6. Except as otherwise provided in Section 5 of this Act, this Act shall become effective FRIDAY, APRIL 4, 2008 4963 upon its approval by the Governor or its becoming law without such approval. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senator Jones of the 10th moved that the Senate agree to the House substitute to SB 52. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown Y Bulloch Y Butler C Carter C Chance Chapman Y Cowsert Y Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath E Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody C Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed C Rogers Y Schaefer Y Seabaugh Y Seay Shafer,D Y Smith E Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 52. Senator Hill of the 32nd was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 382. By Senators Heath of the 31st and Tolleson of the 20th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing, so as to change certain provisions relating to game and fish license, permit, tag, and stamp fees; to provide effective dates; to repeal conflicting laws; and for other purposes. 4964 JOURNAL OF THE SENATE The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing, so as to change certain provisions relating to issuance and sale of hunting, fishing, and trapping licenses, identification required of purchases, and withdrawal of agents authority to sell licenses; to change certain provisions relating to game and fish license, permit, tag, and stamp fees; to provide for effective dates and application; 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 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing, is amended by revising Code Section 27-2-2, relating to issuance and sale of hunting, fishing, and trapping licenses, identification required of purchasers, and withdrawal of agents authority to sell licenses, as follows: "27-2-2. (a) Hunting, fishing, and trapping licenses shall be issued and sold by the department on forms containing such information as may be prescribed by the department. As used in this Code section, the term 'license' shall include all permits, licenses, or stamps issued by the department under Code Section 27-2-23. Licenses for hunting and fishing may be sold in each county by persons approved by the department to be license agents. (b) Each license agent may be required to: (1) Remit to the department a premium which shall entitle him or her to coverage under a blanket performance bond provided by the department. The premium, which may include the reasonable cost of administering a self-insurance program, shall be in an amount determined by the commissioner, and shall be due and payable annually upon billing by the department; (2) Account for all license sales and the monetary receipts from such sales in reports to the department, which reports shall be on a schedule and in a form specified by the written agreement between the license agent and the department. Failure to remit license sales receipts as specified in the agreement may result in suspension of the license agents ability to sell licenses; and (3) Receive for himself or herself no more than 60 for each license issued, except for nonresident hunting licenses and resident sportsman licenses, for which the license agent may receive $1.25 for each license issued, and except for licenses sold by telephone by an approved telephone license agent or over the Internet by an approved Internet license agent, for which the agent may charge and receive up to $5.00 per transaction in addition to the actual cost of the license or licenses sold during the FRIDAY, APRIL 4, 2008 4965 transaction; provided, however, that neither the telephone license agent nor the Internet license agent shall receive any additional fee per license sold during a telephone or Internet transaction; provided, further, that the sale of one or more licenses to one applicant during one telephone call or one Internet session shall constitute a single transaction. (b.1) Any person who applies to be a license agent after June 30, 1998, shall be assessed a fee not to exceed the fair market cost of automated licensing equipment the department shall install in such agents place of business. Such fees shall be due and payable upon installation of the automated equipment. (b.2) The department shall take such steps as are reasonable and necessary to promote the widespread availability of license agents who offer licenses for sale at independently owned and operated small business retail store locations, including but not limited to hunting goods stores, bait and tackle shops, and convenience stores. The department shall not impose any requirement or enter into any contract that would discriminate against license agents who offer licenses for sale at independently owned and operated small business retail store locations or that would generally tend to reduce the number of license agents who offer licenses for sale at independently owned and operated small business retail store locations. (c) The commissioner may either purchase a blanket performance bond for the departments license agents from or through the Department of Administrative Services or any other source or establish a self-insurance bond by retaining all moneys paid to the department for the premium established pursuant to subsection (b) of this Code section, all moneys received as interest, and nonappropriated funds received from other sources to establish and maintain a reserve fund for the purpose of making payments to the department upon the defalcations of license agents and defraying the expenses necessary to administer the program; provided, however, that no revenue collected from taxes, fees, and assessments for state purposes shall be deposited in such fund. The commissioner shall invest any such moneys in the same manner as other moneys in his or her possession. The commissioner is authorized, in his or her discretion, to contract for any or all of the services necessary to carry out the functions enumerated in this Code section. (d) Prior to selling any license, except for a license sold over the telephone by an approved telephone license agent or over the Internet by an approved Internet license agent, each license agent shall require each person desiring to purchase a license to display a drivers license or equally reliable identification of the individual and the current residence and age of such individual. In the event the department determines that a license agent has intentionally or negligently sold a resident license to a person who is a nonresident or who is underage, the department may immediately withdraw the authority of such license agent to issue and sell licenses on behalf of the department, provided that the department shall not withdraw the license agents authority until the license agent has been given ten days written notice of intention to withdraw authority setting forth the reason or reasons for the withdrawal and giving the license agent a hearing in the county of said agents residence on the reasons for withdrawal." 4966 JOURNAL OF THE SENATE SECTION 2A. Said article is further amended by revising Code Section 27-2-23, relating to game and fish license, permit, tag, and stamp fees, as follows: "27-2-23. Fees for licenses, permits, tags, and stamps required by this title shall be as follows: (1) Hunting licenses: (A) Resident hunting license Annual $ 10.00 (B) Nonresident hunting license Annual 75.00 (C) Nonresident three-day hunting license Three-day 30.00 (D) Resident one-day three-day hunting One-day Three- 5.50 license day (D.1) Nonresident one-day hunting license One-day 12.00 (E) Resident big game license Annual 9.00 (F) Nonresident big game license Annual 135.00 (F.1) Nonresident three-day big game license Three-day 50.00 (G) Nonresident shooting preserve hunting license Season 12.00 (H) Commercial fox hunting preserve license Season 60.00 (I) Commercial fox breeder license Season 60.00 (J) Waterfowl license valid for residents and nonresidents Annual 5.50 (K) Georgia migratory bird license Annual Free (L) Resident primitive weapons license Annual 8.00 (M) Nonresident primitive weapons license Annual 25.00 (2) Resident hunting/fishing license Annual 17.00 (3) Resident sportsmans license Annual 60.00 (4) Recreational fishing licenses: (A) Resident fishing license Annual 9.00 (B) Nonresident fishing license Annual 24.00 (C) Nonresident three-day fishing license Seven-day 7.00 FRIDAY, APRIL 4, 2008 Three-day (D) Fishing license, valid for residents and nonresidents Resident three-day fishing license One-day Threeday (E) Resident trout license Annual (F) Nonresident trout license Annual (5) Trapping licenses: (A) Resident commercial trapping license Annual (B) Nonresident commercial trapping license Annual (6) Commercial fishing licenses: (A) Resident commercial fishing license Season (B) Nonresident commercial fishing license Season (C) Resident commercial crabbing license Season (D) Nonresident commercial crabbing license Season (7) Fur, hide, and pelt licenses: (A) Resident fur dealer license Annual (B) Nonresident fur dealer license Annual (C) Fur dealers agent license Annual (8) Miscellaneous licenses and permits: (A) Retail fish dealer license Annual (B) Wholesale fish dealer license Annual (C) Resident game-holding permit Annual (D) Commercial quail breeder permit Annual (E) Scientific collecting permit Annual (F) Wildlife exhibition permit Annual (G) Commercial shooting preserve license Annual (H) Private shooting preserve license Annual (I) Blanket commercial shooting preserve 4967 3.50 5.00 13.00 30.00 295.00 12.00 118.00 12.00 118.00 295.00 415.00 180.00 10.00 59.00 5.00 30.00 50.00 59.00 150.00 75.00 4968 JOURNAL OF THE SENATE license (J) Commercial fish hatchery license (K) Catch-out pond license (L) Soft-shell crab dealer license (M) Resident taxidermist license (N) Nonresident taxidermist license (O) Falconry permit (P) Commercial alligator farming license (Q) Alligator hunting license (R) Wild animal license (S) Wild animal auction license (T) Resident bait dealer license (U) Nonresident bait dealer license Annual Annual Annual Annual Three-year Three-year Three-year Annual Annual Annual Seven-day Season Season 500.00 59.00 236.00 10.00 150.00 500.00 30.00 50.00 50.00 236.00 5,000.00 25.00 150.00 (9) The board is authorized to provide by rule for a fee not to exceed $19.00 for resident daily, seasonal, or annual use permits, licenses, or stamps to hunt and fish on or otherwise use specially designated streams, lakes, or wildlife management areas or a fee not to exceed $73.00 for nonresident permits, licenses, or stamps issued under this paragraph." SECTION 2B. Said article is further amended by revising said Code section as follows: "27-2-23. Fees for licenses, permits, tags, and stamps required by this title shall be as follows: (1) Hunting licenses: (A) Resident hunting license Annual $ 8.50 (B) Nonresident hunting license Annual 75.00 (C) Nonresident three-day hunting license Three-day 30.00 (D) Resident one-day three-day hunting One-day Three- 5.50 license day (D.1) Nonresident one-day hunting license One-day 12.00 (E) Resident big game license Annual 7.50 FRIDAY, APRIL 4, 2008 (F) Nonresident big game license Annual (F.1) Nonresident three-day big game license Three-day (G) Nonresident shooting preserve hunting license Season (H) Commercial fox hunting preserve license Season (I) Commercial fox breeder license Season (J) Waterfowl license valid for residents and nonresidents Annual (K) Georgia migratory bird license Annual (L) Resident primitive weapons license Annual (M) Nonresident primitive weapons license Annual (2) Resident hunting/fishing license Annual (3) Resident sportsmans license Annual (4) Recreational fishing licenses: (A) Resident fishing license Annual (B) Nonresident fishing license Annual (C) Nonresident three-day fishing license Seven-day Three-day (D) Fishing license, valid for residents and nonresidents Resident three-day fishing license One-day Threeday (E) Resident trout license Annual (F) Nonresident trout license Annual (5) Trapping licenses: (A) Resident commercial trapping license Annual (B) Nonresident commercial trapping license Annual (6) Commercial fishing licenses: (A) Resident commercial fishing license Season (B) Nonresident commercial fishing license Season 4969 135.00 50.00 10.00 50.00 50.00 5.50 Free 8.00 25.00 15.50 60.00 7.50 20.00 7.00 3.50 3.50 10.50 25.00 250.00 10.00 100.25 4970 JOURNAL OF THE SENATE (C) Resident commercial crabbing license Season (D) Nonresident commercial crabbing license Season (7) Fur, hide, and pelt licenses: (A) Resident fur dealer license Annual (B) Nonresident fur dealer license Annual (C) Fur dealers agent license Annual (8) Miscellaneous licenses and permits: (A) Retail fish dealer license Annual (B) Wholesale fish dealer license Annual (C) Resident game-holding permit Annual (D) Commercial quail breeder permit Annual (E) Scientific collecting permit Annual (F) Wildlife exhibition permit Annual (G) Commercial shooting preserve license Annual (H) Private shooting preserve license Annual (I) Blanket commercial shooting preserve license Annual (J) Commercial fish hatchery license Annual (K) Catch-out pond license Annual (L) Soft-shell crab dealer license Annual (M) Resident taxidermist license Three-year (N) Nonresident taxidermist license Three-year (O) Falconry permit Three-year (P) Commercial alligator farming license Annual (Q) Alligator hunting license Annual (R) Wild animal license Annual (S) Wild animal auction license Seven-day 12.00 118.00 250.00 350.00 150.00 5.00 50.00 2.50 25.00 5.00 50.00 25.00 10.00 500.00 50.00 200.00 10.00 150.00 500.00 30.00 25.00 50.00 200.00 5,000.00 FRIDAY, APRIL 4, 2008 4971 (T) Resident bait dealer license (U) Nonresident bait dealer license Season Season 25.00 150.00 (9) The board is authorized to provide by rule for a fee not to exceed $15.60 for resident daily, seasonal, or annual use permits, licenses, or stamps to hunt and fish on or otherwise use specially designated streams, lakes, or wildlife management areas or a fee not to exceed $61.25 for nonresident permits, licenses, or stamps issued under this paragraph." SECTION 3. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except as otherwise provided by subsection (b) of this section. (b) Section 2B of this Act shall become effective on March 31, 2012. (c) Section 1 of this Act shall not be applied to impair any right or obligation of any contract entered into prior to the effective date of such section. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Heath of the 31st moved that the Senate agree to the House substitute to SB 382 as amended by the following amendment: Amend the House substitute to SB 382 (LC 25 5297S) by striking lines 6 through 13 of page 2 and inserting in lieu thereof the following: may receive $1.25 for each license issued, and except for licenses sold by telephone by an approved telephone license agent or over the Internet by an approved Internet license agent, for which the agent may charge and receive up to $5.00 per transaction in addition to the actual cost of the license or licenses sold during the transaction; provided, however, that neither the telephone license agent nor the Internet license agent shall receive any additional fee per license sold during a telephone or Internet transaction; provided, further, that the sale of one or more licenses to one applicant during one telephone call or one Internet session shall constitute a single transaction. By striking lines 18 through 26 of page 2. By striking the quotation marks at the end of line 19 of page 5 and inserting following such line the following: (10) Any resident or nonresident who purchases by means of an Internet based licensing system approved by the department any hunting, fishing, hunting/fishing, or sportsman license, or any combination thereof, within 30 days prior to the expiration date of such a license or combination of licenses held by him or her shall receive a 4972 JOURNAL OF THE SENATE $2.75 reduction of the combined fee for all annual licenses purchased in a single transaction during such period." By striking the quotation marks at the end of line 25 of page 7 and inserting following such line the following: (10) Any resident or nonresident who purchases by means of an Internet based licensing system approved by the department any hunting, fishing, hunting/fishing, or sportsman license, or any combination thereof, within 30 days prior to the expiration date of such a license or combination of licenses held by him or her shall receive a $2.50 reduction of the combined fee for all annual licenses purchased in a single transaction during such period." On the motion, a roll call was taken and the vote was as follows: N Adelman Y Balfour N Brown N Bulloch Y Butler C Carter C Chance N Chapman Y Cowsert Y Davenport Y Douglas Y Fort N Goggans N Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath E Henson Y Hill,Jack C Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson Y Jones N Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey Y Reed C Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith E Staton C Stoner N Tarver Tate Y Thomas,D Y Thomas,R N Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 37, nays 11; the motion prevailed, and the Senate agreed to the House substitute to SB 382 as amended by the Senate. The following bill was taken up to consider House action thereto: SB 381. By Senators Weber of the 40th, Unterman of the 45th, Schaefer of the 50th, Rogers of the 21st, Williams of the 19th and others: A BILL to be entitled an Act to amend Chapter 10 of Title 31 of the Official FRIDAY, APRIL 4, 2008 4973 Code of Georgia Annotated, relating to vital records, so as to change certain provisions relating to registration and certificates of birth; to provide for a short title; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change certain provisions relating to registration and certificates of birth; to provide for a short title; to provide for a definition; to provide for procedure; 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 "No Heartbeat Act." SECTION 2. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended in Code Section 31-10-1, relating to definitions, as follows: "31-10-1. As used in this chapter, the term: (1) 'Commissioner' means the commissioner of human resources. (2) 'Dead body' means a human body or such parts of such human body from the condition of which it reasonably may be concluded that death recently occurred. (3) 'Department' means the Department of Human Resources. (4) 'Fetal death' means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy; the death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. (5) 'File' means the presentation of a vital record provided for in this chapter for registration by the State Office of Vital Records. (6) 'Final disposition' means the burial, interment, cremation, removal from the state, or other authorized disposition of a dead body or fetus. (7) 'Induced termination of pregnancy' means the purposeful interruption of pregnancy with the intention other than to produce a live-born infant or to remove a dead fetus and which does not result in a live birth. (8) 'Institution' means any establishment, public or private, which provides in-patient 4974 JOURNAL OF THE SENATE or out-patient medical, surgical, or diagnostic care or treatment or nursing, custodial, or domiciliary care, or to which persons are committed by law. (9) 'Live birth' means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes, or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. (10) 'Local custodian' means the person appointed by the state registrar to maintain and certify the local records of birth and death. (11) 'Local registrar' means the person appointed by the state registrar to collect and transmit to the department certificates of birth, death, fetal death, and any other reports required by this chapter. (12) 'Physician' means a person authorized or licensed to practice medicine or osteopathy pursuant to Chapter 34 of Title 43. (13) 'Registration' means the acceptance by the State Office of Vital Records and the incorporation of vital records provided for in this chapter into the vital records registration system. (14) 'Special abstracting agent' means the person appointed by the state registrar to examine and abstract evidence and submit such information to the department in order to file delayed certificates of birth or amend certificates of birth. (15) 'Spontaneous fetal death' means the expulsion or extraction of a product of human conception resulting in other than a live birth and which is not an induced termination of pregnancy. (16) 'State registrar' means the person responsible for the State Office of Vital Records and the state vital records registration system. (17) 'Stillbirth' or 'stillborn' means an unintended, intrauterine fetal death after a gestational age of not less than 20 completed weeks or of a fetus with a weight of 350 grams or more. (17)(18) 'Vital records' means certificates or reports of birth, death, marriage, divorce, dissolution of marriage, or annulment and data related thereto. (18)(19) 'Vital records registration system' means the registration, collection, preservation, amendment, and certification of vital records; the collection of other reports required by this chapter; and activities related thereto including the tabulation, analysis, and publication of vital statistics. (19)(20) 'Vital statistics' means the data derived from certificates and reports of birth, death, spontaneous fetal death, induced termination of pregnancy, marriage, divorce, dissolution of marriage, or annulment and related reports." SECTION 3. Said chapter is further amended by adding a new Code section to read as follows: "31-10-33. (a) For any stillborn child in this state, the State Office of Vital Records shall, within FRIDAY, APRIL 4, 2008 4975 60 days of a request by a parent named on a fetal death certificate or other eligible person as provided for in subsection (h) of this Code section, issue a certificate of birth resulting in stillbirth. (b) The person who is required to file a fetal death certificate under Code Section 3110-18 shall advise the parent of a stillborn child: (1) That the parent may request the preparation of a certificate of birth resulting in stillbirth in addition to the fetal death certificate; (2) That the parent may obtain a certificate of birth resulting in stillbirth by contacting the State Office of Vital Records; (3) How the parent may contact the State Office of Vital Records to request a certificate of birth resulting in stillbirth; and (4) That a copy of the original certificate of birth resulting in stillbirth is a document that is available as a vital record when held by the state registrar system. (c) The request for a certificate of birth resulting in stillbirth shall be on a form prescribed by the state registrar pursuant to Code Section 31-10-7. (d) The certificate of birth resulting in stillbirth shall contain: (1) The date of the stillbirth; (2) The county in which the stillbirth occurred; (3) The name of the stillborn child as provided on the original or amended certificate of the fetal death certificate. If a name does not appear on the original or amended fetal death certificate and the requesting parent does not wish to provide a name, the State Office of Vital Records shall fill in the certificate of birth resulting in stillbirth with the name 'baby boy' or 'baby girl' and the last name of the parents; (4) The state file number of the corresponding fetal death certificate; and (5) The following statement: 'This certificate is not proof of live birth.' (e) The certificate of birth resulting in stillbirth shall also contain: (1) Gender; (2) Place of delivery; (3) Residence of mother; (4) The attendant at delivery; (5) Gestational age at delivery; (6) Weight at delivery; (7) Mothers name; (8) Fathers name; (9) Time of delivery; and (10) Type of delivery, including but not limited to single, twin, or triplet. (f) A certificate of birth resulting in stillbirth shall be a vital record when held by the state registrar system. The State Office of Vital Records shall inform any parent who requests a certificate of birth resulting in stillbirth that a copy of the document is available as a vital record. (g) A parent may request that the State Office of Vital Records issue a certificate of birth resulting in stillbirth regardless of the date on which the certificate of fetal death was issued. 4976 JOURNAL OF THE SENATE (h) Those individuals who are entitled to request a certificate of birth resulting in stillbirth are: (1) Either parent of the stillborn child listed on the vital record; (2) A grandparent of the stillborn child; (3) An adult brother or sister of the stillborn child; (4) A legal representative of the parent; and (5) A court of competent jurisdiction. (i) The State Office of Vital Records shall not use a certificate of birth resulting in stillbirth to calculate live birth statistics. (j) This Code section shall not be used to establish, bring, or support a civil cause of action seeking damages against any person or entity for bodily injury, personal injury, or wrongful death for a stillbirth. (k) The state registrar shall prescribe by rules pursuant to Code Section 31-10-5 the form, content, and process for the certificate of birth resulting in stillbirth." SECTION 4. This Act shall become effective July 1, 2008. SECTION 5. 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 381. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Brown Bulloch Y Butler C Carter C Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath E Henson Y Hill,Jack C Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Seabaugh Y Seay Y Shafer,D Y Smith E Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams FRIDAY, APRIL 4, 2008 4977 On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 381. Senator Williams of the 19th was excused for business outside the Senate Chamber. The following bill was taken up to consider the Conference Committee Report thereto: SB 169. By Senators Hamrick of the 30th, Harp of the 29th, Meyer von Bremen of the 12th, Adelman of the 42nd, Grant of the 25th 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. The Conference Committee Report was as follows: The Committee of Conference on SB 169 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 169 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Hamrick of the 30th /s/ Representative Hembree of the 67th /s/ Senator Harp of the 29th /s/ Representative Knight of the 126th /s/ Senator Meyer von Bremen of the 12th /s/ Representative Cox of the 102nd COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 169 A BILL TO BE ENTITLED AN ACT To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to provide for definitions; to provide for direct loans to students on the basis of need and merit 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 4978 JOURNAL OF THE SENATE 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 a term of repayment, repayment schedules, and a higher interest rate in the event of default; to enact the "Graduate On Time Student Loan Act" and the "Education for Public Service Student Loan Act"; to provide for direct loans to students for attendance at certain postsecondary institutions; to provide for separate loan funds for such student loan programs; to provide for definitions, maximum loan amounts, eligibility requirements, random selection among eligible applicants, fees, and rules and regulations; to reduce or eliminate the interest rate for such loans and recalculate the balance of such loans if recipients meet specified requirements; to provide for requirements for reduction or elimination of the interest rate; to provide for contents of the promissory note; to provide for certain elections by a student who has qualified for a reduced interest rate for one or more Education for Public Service student loans and for the terms and conditions of such elections; to provide for a term of repayment, repayment schedules, and a higher interest rate in the event of default; to provide for an opportunity on income tax returns for Georgia taxpayers to contribute to these funds for student loans; to provide for procedures for transmittal of such donations to the Georgia Student Finance Authority and for equal division of such contributions among the three funds for student loans established by this Act; to provide for grants to students attending North Georgia College and State University who accept a military commission; to provide for legislative findings; to provide for a definition; to provide for the amount of the grant; to provide for application for grants, certification of eligibility, and refunds; to provide for a pro rata reduction when funds are insufficient; to provide for audits of the college; to provide for a penalty for false statements; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by revising subsection (a) of Code Section 20-3373, relating to the general loan fund for education loans financed by state funds, as follows: "(a) The authority shall maintain a general loan fund to which shall be credited: (1) State funds appropriated for use by the authority for educational loan purposes as specified in this subpart other than service cancelable loans; (2) Unrestricted moneys received by gift or otherwise and other moneys available for and determined by the authority to be used for the purposes of this Code section; (3) Outstanding educational loans held by the authority under this subpart as to which the borrower does not have a right to repay and cancel the loan through services rendered; (4) Principal collected on all educational loans held by the authority under this subpart, including the principal portion of payments received from the corporation in FRIDAY, APRIL 4, 2008 4979 discharge of its guaranty liability on such loans; and (5) Such amounts as may be transferred to the fund from the service cancelable loan fund or the administration fund of the authority. The authority is authorized to use moneys available in the fund to make guaranteed educational loans to eligible students and parents in accordance with its rules and regulations and Part 2 of this article. The authority is further authorized, under such limited circumstances as it may prescribe, to use moneys available in the fund to purchase guaranteed educational loans made by other lenders under Part 2 of this article and to sell guaranteed educational loans made or owned by the authority to eligible lenders." SECTION 2. Said chapter is further amended by inserting a new subpart in Part 3 of Article 7 to read as follows: "Subpart 4A 20-3-395. As used in this subpart, the term: (1) 'Cost of attendance' of a student means the cost of attendance calculated in accordance with Title IV. (2) 'Eligible high school' has the same meaning as provided in Code Section 20-3519. (3) 'Eligible postsecondary institution' means: (A) A unit of the University System of Georgia that offers associate or baccalaureate degrees; (B) A unit of the Department of Adult and Technical Education that offers associate or baccalaureate degrees; or (C) An institution of higher education located in this state that offers associate or baccalaureate degrees; that is accredited by a regional accrediting agency recognized by the United States Department of Education; that is not a Bible school or college; that admits as regular students only persons who have a high school diploma, a general educational development diploma, or a degree from an accredited postsecondary institution; and whose students are eligible to participate in the federal Pell Grant program. (4) 'Expected family contribution' means expected family contribution calculated in accordance with Title IV. (5) 'Reasonable interest rate' means an interest rate no higher than the Wall Street Journal prime rate effective on July 1 for the fiscal year beginning July 1 of each year. If an outstanding loan made under this subpart is subject to the reasonable interest rate, the reasonable interest rate for the current fiscal year shall apply to such a loan during that fiscal year without regard to the interest rate at the time of the loans origination or the interest rate at the time of the students default. (6) 'Title IV' means Title IV of the federal Higher Education Act of 1965, as 4980 JOURNAL OF THE SENATE amended, 20 U.S.C.A. Section 1070, et seq. 20-3-395.1. (a) The authority is authorized to provide direct loans to students who are legal residents of this state and who are not ineligible under Code Section 20-3-395.4 in accordance with the provisions of this subpart and regulations of the authority promulgated to implement this subpart. (b) The interest rate for loans provided in accordance with this subpart shall be 1 percent annually except as provided by Code Section 20-3-395.3 in the case of default. (c) The repayment period for loans provided in accordance with this subpart shall be ten years; provided, however, that, subject to the provisions of Code Section 20-3395.3, the commission may provide by regulation for deferral of payments and forbearance of payments similar to deferral and forbearance under federal student loan programs. (d) The maximum amount of a loan under this subpart shall be the lesser of: $10,000.00 per calendar year; or the cost of attendance of a student minus the expected family assistance and the estimated amount of the students loans, grants, and scholarships, including loans, grants, and scholarships provided under Title IV. Except as otherwise provided in this subsection, each applicant for a loan shall be required to apply for other educational assistance, including scholarships, grants, and state funded or Title IV loans, and to provide information regarding such other applications and the result of such applications as a condition of applying for a loan under this subpart. Loans under this subpart are designed as funding of the last resort for students who have diligently sought scholarships, grants, and state funded or Title IV loans. Applicants are not required to apply for loans under Subpart 4B or Subpart 4C of this part as a condition of eligibility for loans under this subpart. (e) Eligibility for a loan under this subpart shall be determined annually. A student who has graduated from an eligible high school shall be eligible for a loan for the first year of attendance at an eligible postsecondary institution if the student graduated from an eligible high school before May 1, 2007, with a cumulative grade average of at least a 75 numeric average in his or her core curriculum subjects or if a student graduated from an eligible high school on or after May 1, 2007, with a cumulative grade point average in the students core curriculum subjects of at least 2.5 on a 4.0 scale. A students cumulative grade average or grade point average shall be calculated by the methods set out in Code Section 20-2-157. A student who has earned a cumulative grade point average of at least 2.0 at an eligible postsecondary institution shall be eligible for a loan for a second or a subsequent year of attendance at an eligible postsecondary institution. (f) A students maximum total eligibility for loans under this subpart shall be limited to $40,000.00. 20-3-395.2. (a) The authority shall establish and maintain a separate fund for loans in accordance FRIDAY, APRIL 4, 2008 4981 with this subpart to which shall be credited: (1) State funds appropriated for use for loans under this subpart; (2) Moneys received by gift, donation, or otherwise for loans under this subpart; (3) Outstanding educational loans held by the authority under this subpart; and (4) Principal and interest collected on educational loans held by the authority under this subpart. (b) Beginning with the first fiscal year following the fiscal year in which the fund has a balance of $500,000.00 or more, for each fiscal year, the authority shall determine the amount of moneys available for loans under this subpart and shall determine the applicants who are eligible to receive such loans. The authority shall determine which eligible applicants receive loans by a random selection process in which each eligible applicant has an equal chance of being selected for a loan. (c) The authority shall be entitled to establish a reasonable fee for the processing and collecting of loans made under this subpart. Such fee shall be established by the authority by rule or regulation. 20-3-395.3. (a) The authority shall by rule and regulation establish a repayment schedule or schedules for loans made under this subpart. Students shall be required to pay accrued interest annually on the loan or loans while attending a postsecondary institution except in cases of financial hardship. Students shall not be required to begin the repayment of the principal of such loans until the earliest occurrence of one of the following: (1) The student completes his or her course of study; (2) The student graduates from an eligible postsecondary institution; (3) One calendar year after the students eligibility for a loan under this subpart ends in accordance with subsection (f) of Code Section 20-3-395.1; or (4) The student has not been enrolled in an eligible postsecondary institution for two academic quarters or two academic semesters. (b) If the student defaults on the repayment of one or more loans under this subpart, the interest rate for such loan or loans shall be converted to the reasonable interest rate as defined in Code Section 20-3-395. 20-3-395.4. A student is ineligible for any loan described in this subpart if the student: (1) Is not a United States citizen or a permanent resident alien who meets the definition of an eligible noncitizen under federal Title IV requirements; (2) Has not complied with United States Selective Service System requirements for registration, if such requirements are applicable to the student; (3) Is in default on a federal Title IV educational loan or a State of Georgia educational loan, provided that a student who is otherwise eligible and has fully repaid the defaulted loan will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (4) Owes a refund on a federal Title IV student financial aid program or a Georgia 4982 JOURNAL OF THE SENATE student financial aid program, provided that a student who is otherwise eligible and has fully paid the refund owed will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (5) Has been convicted of a felony offense involving marijuana, a controlled substance, or a dangerous drug as set out in Code Section 20-1-23 or 20-1-24 of the 'Drug-free Postsecondary Education Act of 1990,' provided that such ineligibility extends from the date of conviction to the completion of the next academic term; (6) Is incarcerated; or (7) Does not meet each qualification listed in this subpart and applicable to the student." SECTION 3. Said chapter is further amended by adding a new subpart in Part 3 of Article 7 to read as follows: "Subpart 4B 20-3-400. This subpart shall be known and may be cited as the 'Graduate On Time Student Loan Act.' 20-3-400.1. As used in this subpart, the term: (1) 'Beginning date of a postsecondary course of study' means the first day of postsecondary classes attended by a student for credit toward an associate degree or baccalaureate degree. In the case of a program that includes undergraduate studies and is designed for completion within five years, the first day of such classes for credit in such a program is the beginning date of a postsecondary course of study, whether the program leads to a baccalaureate degree or a first professional degree. Advanced placement classes or classes attended under a program of joint or dual enrollment in a high school and a postsecondary institution do not establish the beginning date of a postsecondary course of study. (2) 'Cost of attendance' of a student means the cost of attendance calculated in accordance with Title IV. (3) 'Eligible high school' has the same meaning as set forth in Code Section 20-3-519. (4) 'Eligible postsecondary institution' means: (A) A unit of the University System of Georgia that offers associate degrees, baccalaureate degrees, or first professional degree programs; or (B) An institution of higher education located in this state that offers associate degrees, baccalaureate degrees, or first professional degree programs; that is accredited by a regional accrediting agency recognized by the United States Department of Education; that is not a Bible school or college; that admits as regular students only persons who have a high school diploma, a general educational development diploma, or a degree from an accredited postsecondary institution; and FRIDAY, APRIL 4, 2008 4983 whose students are eligible to participate in the federal Pell Grant program. (5) 'First professional degree' means a degree that qualifies a graduate to practice a profession and was earned through a first professional degree program. (6) 'First professional degree program' means a professional degree program that meets the requirements established by the program regulations promulgated by the Georgia Student Finance Commission which, at a minimum, shall include, but not be limited to, the following: (A) Accepts students after the completion of the sophomore or junior year; and (B) Results in the award of a first professional degree. (7) 'Graduate On Time Student Loan' or 'GOT Student Loan' means a student loan provided in accordance with the provisions of this subpart. (8) 'Reasonable interest rate' means an interest rate no higher than the Wall Street Journal prime rate effective on July 1 for the fiscal year beginning July 1 of each year. Except for GOT Student Loans that have been reduced to an interest rate of 1 percent in accordance with subsection (e) of Code Section 20-3-400.2 or an interest rate of 2 percent in accordance with subsection (f) of Code Section 20-3-400.2, the reasonable interest rate for the fiscal year shall apply to all outstanding GOT Student Loans during that fiscal year without regard for the interest rate at the time of a loans origination or at the time of the students default. (9) 'Title IV' means Title IV of the federal Higher Education Act of 1965, 20 U.S.C. Section 1070, et seq. 20-3-400.2. (a) The authority is authorized to provide direct loans to students who are legal residents of this state and who are not ineligible under Code Section 20-3-400.6 in accordance with the provisions of this subpart and regulations of the authority promulgated to implement this subpart. (b) The repayment period for a GOT Student Loan shall be ten years; provided, however, that, subject to the provisions of Code Section 20-3-400.5, the commission may provide by regulation for deferral of payments and forbearance of payments similar to deferral and forbearance under federal student loan programs. The maximum amount of a GOT Student Loan shall be the lesser of $10,000.00 per calendar year or the cost of attendance for a calendar year minus the estimated amount of the students loans, grants, and scholarships, including loans, grants, and scholarships provided under Title IV, for the calendar year for which such loan is sought. (c) A student may apply for a GOT Student Loan annually. A student who is a legal resident of this state and who has graduated from an eligible high school shall be eligible for a GOT Student Loan for the first year of attendance at an eligible postsecondary institution. Any student who is a legal resident of this state attending an eligible postsecondary institution is eligible for a GOT Student Loan for the second and subsequent years of attendance. (d) Except as otherwise provided by subsection (e) or (f) of this Code section, the interest rate for a GOT Student Loan shall be a reasonable interest rate as defined by 4984 JOURNAL OF THE SENATE paragraph (8) of Code Section 20-3-400.1 and as established by the authority by rule or regulation. (e) The annual interest rate for any GOT Student Loan shall be converted to 1 percent retroactive to the origination date of the GOT Student Loan for each student who: (1) Completes his or her course of study with a cumulative grade point average no lower than 2.0 on a 4.0 scale and earns a baccalaureate degree within four years from the beginning date of a course of postsecondary study; or (2) Completes his or her course of study with a cumulative grade point average no lower than 2.0 on a 4.0 scale and earns a baccalaureate or first professional degree within five years from the beginning date of a course of postsecondary study if the course of postsecondary study: (A) Was designed to be completed in five years; and (B) Meets the requirements for a first professional degree program; or (C) If the course of postsecondary study includes undergraduate studies, leads to a baccalaureate or first professional degree. (f) The annual interest rate for any GOT Student Loan shall be converted to 2 percent retroactive to the origination date of the GOT Student Loan for each student who: (1) Completes his or her course of study with a cumulative grade point average no lower than 2.0 on a 4.0 scale and earns a baccalaureate degree within five years from the beginning date of a course of postsecondary study; or (2) Completes his or her course of study with a cumulative grade point average no lower than 2.0 on a 4.0 scale and earns a baccalaureate or first professional degree within six years from the beginning date of a course of postsecondary study if the course of postsecondary study: (A) Was designed to be completed in six years; and (B) Meets the requirements for a first professional degree program; or (C) If the course of postsecondary study includes undergraduate studies, leads to a baccalaureate or first professional degree. (g) A students maximum total eligibility for loans under this subpart shall be limited to $40,000.00. 20-3-400.3. (a) When the annual interest rate is converted to 1 percent in accordance with subsection (e) of Code Section 20-3-400.2, the authority shall recalculate the balance owed on the loan to reflect the retroactive change in the interest rate. (b) The steps of the recalculation required by subsection (a) of this Code section shall include the following: (1) Calculate the total interest paid by the student on the loan to date; (2) Calculate the total principal paid by the student on the loan to date; (3) Calculate the total of fees other than interest paid by the student on the loan to date; (4) Calculate the current balance owed on the loan by subtracting the principal paid by the student on the loan to date from the original amount borrowed; FRIDAY, APRIL 4, 2008 4985 (5) Calculate the amount of interest due on the loan from its origination to date at the rate of 1 percent; (6) Subtract the amount of interest due at 1 percent calculated in paragraph (5) of this subsection from the total interest paid by the student to date calculated in paragraph (1) of this subsection; (7) Add the difference calculated in paragraph (6) of this subsection to the principal paid by the student to date in paragraph (2) of this subsection; this sum shall become the new total principal paid by the student on the loan; and (8) Subtract the new principal paid calculated in paragraph (7) of this subsection from the original amount borrowed by the student in this loan to produce the new balance owed by the student on the loan. (c) When the annual interest rate is converted to 2 percent in accordance with subsection (f) of Code Section 20-3-400.2, the Student Finance Authority shall recalculate the balance owed on the loan to reflect the retroactive change in the interest rate. (d) The steps of the recalculation required by subsection (c) of this Code section shall include the following: (1) Calculate the total interest paid by the student on the loan to date; (2) Calculate the total principal paid by the student on the loan to date; (3) Calculate the total of fees other than interest paid by the student on the loan to date; (4) Calculate the current balance owed on the loan by subtracting the principal paid by the student on the loan to date from the original amount borrowed; (5) Calculate the amount of interest due on the loan from its origination to date at the rate of 2 percent; (6) Subtract the amount of interest due at 2 percent calculated in paragraph (5) of this subsection from the total interest paid by the student to date calculated in paragraph (1) of this subsection; (7) Add the difference calculated in paragraph (6) of this subsection to the principal paid by the student to date in paragraph (2) of this subsection; this sum shall become the new total principal paid by the student on the loan; and (8) Subtract the new principal paid calculated in paragraph (7) of this subsection from the original amount borrowed by the student in this loan to produce the new balance owed by the student on the loan. 20-3-400.4. (a) The authority shall establish and maintain a separate fund for loans in accordance with this subpart to which shall be credited: (1) State funds appropriated for use for GOT Student Loans; (2) Moneys received by gift, donation, or otherwise for GOT Student Loans; (3) Outstanding GOT Student Loans held by the authority; and (4) Principal and interest collected on GOT Student Loans held by the authority. (b) Beginning with the first fiscal year following the fiscal year in which the fund has a 4986 JOURNAL OF THE SENATE balance of $500,000.00 or more, for each fiscal year, the authority shall determine the amount of moneys available for loans under this subpart and shall determine which eligible applicants receive loans by a random selection process in which each eligible applicant has an equal chance of being selected for a loan. (c) The authority shall be entitled to establish a reasonable fee for the processing and collecting of GOT Student Loans. Such fees shall be established by the authority by rule or regulation. 20-3-400.5. (a) The authority shall by rule and regulation establish a repayment schedule or schedules for GOT Student Loans. Students shall be required to pay accrued interest annually while attending a postsecondary institution except in cases of financial hardship. Students shall not be required to begin the repayment of the principal of such loans until the earliest occurrence of one of the following: (1) The student completes his or her course of study; (2) The student graduates from an eligible postsecondary institution; (3) One calendar year after the students eligibility for a loan under this subpart ends in accordance with subsection (g) of Code Section 20-3-400.2; or (4) The student has not been enrolled in an eligible postsecondary institution for two academic quarters or two academic semesters. (b) If the student defaults on the repayment of one or more GOT loans, the interest rate for such loan or loans shall be converted to the reasonable interest rate as defined in Code Section 20-3-400.1. 20-3-400.6. A student is ineligible for any loan described in this subpart if the student: (1) Is not a United States citizen or a permanent resident alien who meets the definition of an eligible noncitizen under federal Title IV requirements; (2) Has not complied with United States Selective Service System requirements for registration, if such requirements are applicable to the student; (3) Is in default on a federal Title IV educational loan or a State of Georgia educational loan, provided that a student who is otherwise eligible and has fully repaid the defaulted loan will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (4) Owes a refund on a federal Title IV student financial aid program or a Georgia student financial aid program, provided that a student who is otherwise eligible and has fully paid the refund owed will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (5) Has been convicted of a felony offense involving marijuana, a controlled substance, or a dangerous drug as set out in Code Section 20-1-23 or 20-1-24 of the 'Drug-free Postsecondary Education Act of 1990,' provided that such ineligibility extends from the date of conviction to the completion of the next academic term; (6) Is incarcerated; or FRIDAY, APRIL 4, 2008 4987 (7) Does not meet each qualification listed in this subpart and applicable to the student." SECTION 4. Said chapter is further amended by adding a new subpart in Part 3 of Article 7 to read as follows: "Subpart 4C 20-3-405. This subpart shall be known and may be cited as the 'Education for Public Service Student Loan Act.' 20-3-405.1. As used in this subpart, the term: (1) 'Cost of attendance' of a student means the cost of attendance calculated in accordance with Title IV. (2) 'Education for Public Service Student Loan' or 'EPS Student Loan' means a student loan provided in accordance with the provisions of this subpart. (3) 'Eligible high school' has the same meaning as set forth in Code Section 20-3-519. (4) 'Eligible postsecondary institution' means: (A) A unit of the University System of Georgia that offers associate degrees, baccalaureate degrees, or graduate degrees; or (B) An institution of higher education located in this state that offers associate degrees, baccalaureate degrees, or graduate degrees; that is accredited by a regional accrediting agency recognized by the United States Department of Education; that is not a Bible school or college; that admits as regular students only persons who have a high school diploma, a general educational development diploma, or a degree from an accredited postsecondary institution; and whose students are eligible to participate in the federal Pell Grant program. (5) 'Employee' means an individual who receives an Internal Revenue Service Form W-2 from the employer and who is an employee as defined in Code Section 34-9-1 for purposes of workers compensation. (6) 'First degree' means the first baccalaureate degree or the first graduate degree completed by a student with the assistance of an EPS Student Loan. (7) 'Graduate degree' means a degree earned after a student has earned a baccalaureate degree, including, but not limited to, a masters degree, a juris doctor degree, or a medical doctor degree. (8) 'Public service' means service as an employee of any of the following: the State of Georgia; an agency or instrumentality of this state; the executive, legislative, or judicial branch of government of this state; a political subdivision of this state; the University System of Georgia or any unit of the university system; an authority or public corporation of this state; a local board of education of this state; or an agency or instrumentality of a political subdivision of this state. 4988 JOURNAL OF THE SENATE (9) 'Reasonable interest rate' means an interest rate no higher than the Wall Street Journal prime rate effective on July 1 for the fiscal year beginning July 1 of each year. The reasonable interest rate for the fiscal year shall apply to all outstanding EPS Student Loans during that fiscal year without regard for the interest rate at the time of a loans origination or at the time of the students default, except for EPS Student Loans that: (A) Have been converted to 1 percent interest loans in accordance with subsection (a) of Code Section 20-3-405.3; and (B) Have been converted to interest-free loans in accordance with subsection (b) of Code Section 20-3-405.3. (10) 'Second degree' means the second degree completed by a student with the assistance of an EPS Student Loan. (11) 'Title IV' means Title IV of the federal Higher Education Act of 1965, 20 U.S.C. Section 1070, et seq. (12) 'Undergraduate degree' means a baccalaureate degree. 20-3-405.2. (a) The authority is authorized to provide direct loans to students who are legal residents of this state and who are not ineligible under Code Section 20-3-405.7 in accordance with the provisions of this subpart and regulations of the authority promulgated to implement this subpart. (b) The repayment period for an EPS Student Loan shall be ten years; provided, however, that, subject to the provisions of Code Section 20-3-405.6, the commission may provide by regulation for deferral of payments and forbearance of payments similar to deferral and forbearance under federal student loan programs. The maximum amount of an EPS Student Loan shall be the lesser of $10,000.00 or the cost of attendance for a calendar year minus the estimated amount of the students loans, grants, and scholarships, including loans, grants, and scholarships provided under Title IV, for the calendar year for which such loan is sought. The maximum amount of EPS Student Loans for a degree shall be $10,000.00 times the number of academic years required for a full-time student to earn the degree. (c) A student may apply for an EPS Student Loan annually. A student who is a legal resident of this state and who has graduated from an eligible high school shall be eligible for an EPS Student Loan for the first year of attendance at an eligible postsecondary institution. Any student who is a legal resident of this state attending an eligible postsecondary institution is eligible for an EPS Student Loan for the second and subsequent years of attendance. A student who is otherwise eligible for an EPS Student Loan is eligible for such a loan for expenses as a student seeking an associate degree, baccalaureate degree, and a graduate degree. (d) Except as otherwise provided by subsections (a) and (b) of Code Section 20-3405.3, the interest rate for an EPS Student Loan shall be a reasonable interest rate as defined by paragraph (9) of Code Section 20-3-405.1 and as established by the authority by rule or regulation. FRIDAY, APRIL 4, 2008 4989 (e) The promissory note signed for each EPS Student Loan shall include a statement of the requirements a student must meet for conversion of the loan to a 1 percent loan and for conversion of the loan to an interest-free loan. 20-3-405.3. (a) Subject to the provisions of Code Section 20-3-405.4, the annual interest rate for any EPS Student Loan shall be converted to 1 percent retroactive to the origination date of the EPS Student Loan for each student who: (1) Completes his or her course of study and earns the degree with a cumulative grade point average no lower than 2.0 on a 4.0 scale; and (2) Completes the number of years of public service required by this paragraph: (A) If a student has earned one degree with the assistance of one or more EPS Student Loans, the annual interest rate for each such EPS Student Loan shall be converted to 1 percent after the completion of five years of public service; or (B) In the case of a student who has earned two degrees with the assistance of two or more EPS Student Loans, the interest rate for any EPS Student Loan used for the first degree shall be converted to 1 percent after the student has completed five years of public service. The interest rate for any EPS Student Loan used for the second degree may be converted to 1 percent after the student has completed ten years of public service, or the student may elect to apply the sixth through tenth years of public service to convert the EPS Student Loans used for the first degree to interestfree loans under subsection (b) of this Code section. In the case of a student whose public service preceded the students earning of the degree, the conversion of the EPS loans to 1 percent shall be on the date the student earns the degree. (b) Subject to the provisions of Code Section 20-3-405.4, an EPS Student Loan for the first degree may be converted to an interest-free loan retroactive to the origination date of the EPS Student Loan for each student who: (1) Completes his or her course of study and earns the degree with a cumulative grade point average no lower than 2.0 on a 4.0 scale; and (2) Completes the number of years of public service required by this paragraph, and for conversion of one or more EPS Student Loans, completes five years of public service in addition to: (A) The service required by subparagraph (A) of paragraph (2) of subsection (a) of this Code section, for a total of ten years of public service, if the student earned one degree with the assistance of EPS Student Loans, or the student may elect to apply the fifth through tenth years of public service to conversion of EPS loans for a second degree to 1 percent loans; or (B) The service required by subparagraph (B) of paragraph (2) of subsection (a) of this Code section, for a total of 15 years of public service, to convert the loan or loans for the second degree if the student earned two degrees with the assistance of EPS Student Loans. In the case of a student whose public service preceded the students earning of the 4990 JOURNAL OF THE SENATE degree, the conversion of the EPS loans to interest-free loans shall be on the date the student earns the degree. (c) When the annual interest rate is converted to 1 percent in accordance with subsection (a) of this Code section, the authority shall recalculate the balance owed on the loan to reflect the retroactive change in the interest rate. (d) The steps of the recalculation required by subsections (a) and (c) of this Code section shall include the following: (1) Calculate the total interest paid by the student on the loan to date; (2) Calculate the total principal paid by the student on the loan to date; (3) Calculate the total of fees other than interest paid by the student on the loan to date; (4) Calculate the current balance owed on the loan by subtracting the principal paid by the student on the loan to date from the original amount borrowed; (5) Calculate the amount of interest due on the loan from its origination to date at the rate of 1 percent; (6) Subtract the amount of interest due at 1 percent calculated in paragraph (5) of this subsection from the total interest paid by the student to date calculated in paragraph (1) of this subsection; (7) Add the difference calculated in paragraph (6) of this subsection to the principal paid by the student to date in paragraph (2) of this subsection; this sum shall become the new total principal paid by the student on the loan; and (8) Subtract the new principal paid calculated in paragraph (7) of this subsection from the original amount borrowed by the student in this loan to produce the new balance owed by the student on the loan. If the new principal paid calculated in paragraph (7) of this subsection equals or exceeds the original amount borrowed by the student in this loan, the new balance is zero. (e) When an EPS Student Loan is converted to an interest-free loan in accordance with subsection (b) of this Code section, the authority shall recalculate the balance owed on the loan to reflect the retroactive change in the interest rate. This recalculation shall be based upon the loan as it exists when it is converted to an interest-free loan. (f) The steps of the recalculation required by subsections (b) and (e) of this Code section shall include the following: (1) Calculate the total interest paid by the student on the loan to date; (2) Calculate the total principal paid by the student on the loan to date; (3) Calculate the total of fees other than interest paid by the student on the loan to date; (4) Calculate the current balance owed on the loan by subtracting the principal paid by the student on the loan to date from the original amount borrowed; (5) Add the amount of interest calculated in paragraph (1) of this subsection to the principal paid by the student to date in paragraph (2) of this subsection; this sum shall become the new total principal paid by the student on the loan; and (6) Subtract the new principal paid calculated in paragraph (5) of this subsection from the original amount borrowed by the student in this loan to produce the new balance FRIDAY, APRIL 4, 2008 4991 owed by the student on the loan. If the new principal paid calculated in paragraph (5) of this subsection equals or exceeds the original amount borrowed by the student in this loan, the new balance is zero. 20-3-405.4. When a student meets the requirements for conversion of one or more EPS loans to a 1 percent rate or to an interest-free loan or loans, the student may elect to waive the conversion of the EPS loan or loans for that degree and apply all or part of the students years of completed public service to one or more EPS loans for a subsequent degree, without regard to whether such EPS loan or loans for a subsequent degree exist at the time of the students election. In any event, each year of completed public service may be applied only to a single degree and the student is not authorized to change an election after notifying the authority in writing of his or her election. 20-3-405.5. (a) The authority shall establish and maintain a separate fund for loans in accordance with this subpart to which shall be credited: (1) State funds appropriated for use for EPS Student Loans; (2) Moneys received by gift, donation, or otherwise for EPS Student Loans; (3) Outstanding EPS Student Loans held by the authority; and (4) Principal and interest collected on EPS Student Loans held by the authority. (b) Beginning with the first fiscal year following the fiscal year in which the fund has a balance of $500,000.00 or more, for each fiscal year, the authority shall determine the amount of moneys available for loans under this subpart and shall determine which eligible applicants receive loans by a random selection process in which each eligible applicant has an equal chance of being selected for a loan. (c) The authority shall be entitled to establish a reasonable fee for the processing and collecting of EPS Student Loans. Such fees shall be established by the authority by rule or regulation. 20-3-405.6. (a) The authority shall by rule and regulation establish a repayment schedule or schedules for EPS Student Loans. Students shall be required to pay accrued interest annually on the loan or loans while attending a postsecondary institution except in cases of financial hardship. Students shall not be required to begin the repayment of the principal of such loans until the earliest occurrence of one of the following: (1) The student completes his or her course of study; (2) The student graduates from an eligible postsecondary institution; (3) A calendar year has passed since the student borrowed the maximum amount of EPS loans for the degree the student is seeking under subsection (b) of Code Section 20-3-405.2; or (4) The student has not been enrolled in an eligible postsecondary institution for two academic quarters or two academic semesters. 4992 JOURNAL OF THE SENATE (b) If the student defaults on the repayment of one or more EPS loans, the interest rate for such loan or loans shall be converted to the reasonable interest rate as defined in Code Section 20-3-405.1. 20-3-405.7. A student is ineligible for any loan described in this subpart if the student: (1) Is not a United States citizen or a permanent resident alien who meets the definition of an eligible noncitizen under federal Title IV requirements; (2) Has not complied with United States Selective Service System requirements for registration, if such requirements are applicable to the student; (3) Is in default on a federal Title IV educational loan or a State of Georgia educational loan, provided that a student who is otherwise eligible and has fully repaid the defaulted loan will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (4) Owes a refund on a federal Title IV student financial aid program or a Georgia student financial aid program, provided that a student who is otherwise eligible and has fully paid the refund owed will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (5) Has been convicted of a felony offense involving marijuana, a controlled substance, or a dangerous drug as set out in Code Section 20-1-23 or 20-1-24 of the 'Drug-free Postsecondary Education Act of 1990,' provided that such ineligibility extends from the date of conviction to the completion of the next academic term; (6) Is incarcerated; or (7) Does not meet each qualification listed in this subpart and applicable to the student." SECTION 5. Said chapter is further amended by adding a new subpart in Part 3 of Article 7 to read as follows: "Subpart 4D 20-3-409. (a) Each Georgia income tax return form for taxable years beginning on or after January 1, 2008, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the funds established for student loans by Code Sections 20-3-395.2, 20-3-400.4, and 20-3-405.5 by either donating all or any part of any tax refund due and 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 shall include a description of the purposes for which these funds were established and the intended use of moneys received from the contributions, and shall explain that any donation will be evenly divided between the three funds. Each taxpayer required to file a state income tax FRIDAY, APRIL 4, 2008 4993 return who desires to contribute to these funds may designate such contribution as provided 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 authority for even division among and deposit in the funds established by Code Sections 20-3-395.2, 20-3-400.4, and 203-405.5." SECTION 6. Said chapter is further amended by adding a new subpart in Part 3 of Article 7 to read as follows: "Subpart 6A 20-3-440. The General Assembly finds that it is essential for the national defense that persons be encouraged to consider military leadership positions as an honorable and rewarding profession and that North Georgia College and State University, Georgias only state supported military college, plays a significant role in preparing and training students for professional life in the military as a profession. It is the purpose of the General Assembly, as provided for in this subpart, to encourage students to enroll in North Georgia College and State University and its military training program and to encourage such students to accept military commissions by providing for tuition grant assistance to such students. 20-3-441. For purposes of this subpart, the term 'eligible student' shall mean a person who: (1) Is enrolled in or accepted for enrollment in North Georgia College and State University for a minimum of 12 academic hours; (2) Is or will be a citizen of this state for a period of at least 12 months immediately prior to the date of registration therein; (3) Is enrolled in or plans to enroll in the Army Reserve Officers Training Corps program at North Georgia College and State University; and (4) Has signed a contract to accept a commission, to be effective upon graduation, no later than the end of the students junior year as an officer in any branch of the armed services of the United States or the Army National Guard. 20-3-442. There is granted to each eligible student attending North Georgia College and State University the sum of $1,500.00 per academic semester. 20-3-443. Each eligible student wishing to receive the grant provided for in this subpart shall submit to North Georgia College and State University an application for the grant payment at the time and in accordance with procedures prescribed by the authority. 4994 JOURNAL OF THE SENATE The authority is authorized to define such terms and prescribe such rules, regulations, and procedures as may be reasonable and necessary to carry out the purposes of this subpart. The authority shall not approve payment of any grant until it has received from an appropriate officer of North Georgia College and State University a certification that the student applying for the grant is an eligible student. Upon timely receipt of such certification, in proper form, the authority is authorized to pay the grant to North Georgia College and State University on behalf of and to the credit of the student. In the event a student on whose behalf a grant is paid shall not enroll as a fulltime student for the school term for which the grant is paid, North Georgia College and State University shall make a refund to the authority in accordance with regulations of the authority. 20-3-444. In the event funds available to the authority are not sufficient to enable the authority to pay on behalf of eligible students the full grant prescribed by the General Assembly, grants payable for the remaining school terms shall be reduced by the authority on a pro rata basis. 20-3-445. North Georgia College and State University shall be subject to examination by the state auditor for the sole purpose of determining whether the school has properly certified eligibility and enrollment of students and credited grants paid on behalf of such students. However, nothing in this subpart shall be construed to interfere with the authority of the school to determine admissibility of students or to control its own curriculum, philosophy, purpose, or administration. In the event it is determined that the school knowingly or through error certified an ineligible student to be eligible for a grant under this subpart, the amount of the grant paid to the school pursuant to such certification shall be refunded by the school to the authority. 20-3-446. Any person who knowingly makes or furnishes any false statement or misrepresentation or who accepts such statement or misrepresentation knowing it to be false for the purpose of enabling an ineligible student to obtain wrongfully a grant under this subpart shall be guilty of a misdemeanor." SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senator Hamrick of the 30th moved that the Senate adopt the Conference Committee Report on SB 169. On the motion, a roll call was taken, and the vote was as follows: FRIDAY, APRIL 4, 2008 4995 Adelman Y Balfour Y Brown Y Bulloch Y Butler C Carter C Chance Y Chapman Y Cowsert Y Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant Hamrick Y Harbison Y Harp Y Hawkins Y Heath E Henson Y Hill,Jack C Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith E Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles E Williams On the motion, the yeas were 43, nays 1; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 169. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: 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: HB 1220. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Code Section 40-2-78 of the Official Code of Georgia Annotated, relating to a special license plate for firefighters, so as to provide that such license plates may be retained by the firefighters spouse upon the death of the firefighter; 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 Sims of the 169th, Maddox of the 172nd, and Keen of the 179th. 4996 JOURNAL OF THE SENATE 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 305. By Senators Shafer of the 48th, Pearson of the 51st, Heath of the 31st, Thomas of the 54th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to revise a provision relating to the licensing of nongovernmental rescue organizations; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to revise certain provisions relating to liability of persons and entities in emergency situations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Neal of the 1st, Fleming of the 117th, and Rice of the 51st. The following bill was taken up to consider the Conference Committee Report thereto: HB 1245. By Representatives Ralston of the 7th, Knox of the 24th, Levitas of the 82nd and Martin of the 47th: A BILL to be entitled an Act to amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to revise matters relative to funding, budgeting, and the organization of providing indigent defense; to change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide that the Georgia Superior Court Clerks Cooperative Authority be responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defender Standards Council; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on HB 1245 recommends that both the Senate and the FRIDAY, APRIL 4, 2008 4997 House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1245 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Seabaugh of the 28th /s/ Senator Smith of the 52nd /s/ Senator Wiles of the 37th /s/ Representative Ralston of the 7th /s/ Representative Knox of the 24th /s/ Representative Levitas of the 82nd COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1245 A BILL TO BE ENTITLED AN ACT To amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to revise matters relative to funding, budgeting, and the organization of providing indigent defense; to change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide that the Georgia Superior Court Clerks Cooperative Authority be responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defender Standards Council; to change provisions relating to the priorities of distribution of fines, forfeitures, surcharges, additional fees, and costs of partial payments into court; to remove provisions directing funding for indigent defense; to remove the additional penalty to be imposed in certain criminal, quasi-criminal, and traffic cases; to direct certain funds to be paid to governing authorities; to extend the collection of certain additional penalties for traffic violations; to change certain provisions relating to the $50.00 application fee for indigent defense services; to change certain definitions; to change the composition of the the Georgia Public Defender Standards Council to include county commissioners; to provide for appointment, qualifications, and terms for new members; to eliminate the Chief Justice of the Supreme Court of Georgia and the Chief Judge of the Georgia Court of Appeals appointments to the council; to require auditing and accounting of revenues received by the council; to expand the directors responsibilities; to remove the ratification process for standards adopted by the council; to enhance the councils annual reporting of certain matters; to change provisions relating to the General Oversight Committee of the Georgia Public Defender Standards Council; to repeal provisions relating to the council assuming the responsibilities of the former Georgia Indigent Defense Council; to provide for the 4998 JOURNAL OF THE SENATE mental health advocacy division and its duties and responsibilities; to repeal provisions relating to the transition period; to provide for the Georgia capital defender division and its duties and responsibilities; to provide for conflict counsel in death penalty cases and costs associated therewith; to change matters relating to the appointment of counsel in death penalty cases; to change matters relating to payment of attorneys fees and expenses in capital cases in which the death penalty is sought; to change the name and composition of the circuit public defender selection panels; to provide for a chairperson and secretary for the panel and responsibilities; to provide for the removal of circuit public defenders not for cause; to change provisions regarding legal representation in cases where a circuit public defender office has a conflict of interest; to change provisions relating to the 72 hour rule; to change provisions relating to cost-of-living adjustments for and employment of circuit public defenders; to clarify that circuit public defenders may hire additional personnel only if authorized by local law or if approved by the county governing authority; to change provisions relating to certain prohibitions for assistant public defenders; to change provisions relating to the budget of the council; to correct cross-references; to provide for funding for alternative delivery systems; to remove legislative intent with regard to attorneys fees collected being used to fund indigent defense; to repeal provisions relating to the office of mental health advocacy; to provide for verification of income by a governing authority; to repeal provisions relating to the Office of the Georgia Capital Defender; to provide for related matters; to provide for effective dates 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 by adding a new subsection to Code Section 15-1-9.1, relating to requesting judicial assistance from other courts, to read as follows: "(n) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any criminal case involving a capital offense for which the death penalty may be imposed once the state has filed a notice of its intention to seek the death penalty; provided, however, that a senior judge may be assigned, designated, or preside in such a case if the judge had previously been assigned or designated and presided over such case while serving as an elected superior court judge prior to attaining senior judge status." SECTION 2. Said title is further amended by adding a new subsection to Code Section 15-1-9.2, relating to senior judge status and requesting assistance of senior judges, to read as follows: "(e) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any criminal case involving a capital offense for which the death penalty may be imposed once the state has filed a notice of its intention FRIDAY, APRIL 4, 2008 4999 to seek the death penalty; provided, however, that a senior judge may be assigned, designated, or preside in such a case if the judge had previously been assigned or designated and presided over such case while serving as an elected superior court judge prior to attaining senior judge status." SECTION 3. Said title is further amended by adding a new subsection to Code Section 15-1-9.3, relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge, to read as follows: "(g) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any criminal case involving a capital offense for which the death penalty may be imposed once the state has filed a notice of its intention to seek the death penalty; provided, however, that a senior judge may be assigned, designated, or preside in such a case if the judge had previously been assigned or designated and presided over such case while serving as an elected superior court judge prior to attaining senior judge status." SECTION 4. Said title is further amended by revising Code Section 15-6-76.1, relating to the election by clerks as to investing or depositing funds and the manner of depositing funds paid into the court registry, as follows: "15-6-76.1. (a) In counties where the clerk of the superior court exercised discretion to invest funds pursuant to Code Section 15-6-75 or to deposit funds in one or more interest-bearing accounts pursuant to Code Section 15-6-76, and such funds were invested or on deposit on January 1, 1993, the clerk may continue to invest such funds pursuant to Code Section 15-6-75 or deposit such funds pursuant to Code Section 15-6-76 until July 1, 1994. In such counties, clerks who do not elect to continue investing or depositing funds pursuant to such Code sections, or who cease depositing or investing such funds pursuant to such Code sections, shall be subject to the provisions of subsections (c) through (g) of this Code section. In such counties, clerks shall provide a written notice to the Georgia Public Defender Standards Council within 30 days following July 1, 1993, stating that funds were invested or on deposit pursuant to Code Section 15-6-75 or 15-6-76 on January 1, 1993, and stating whether they have elected to continue investing or depositing funds pursuant to Code Sections 15-6-75 and 15-6-76 or to comply with the provisions of subsections (c) through (g) of this Code section. In such counties, clerks may change their election by written notice to the Georgia Public Defender Standards Council. (b) In counties where no funds were invested or on deposit pursuant to Code Section 15-6-75 or 15-6-76 on January 1, 1993, clerks shall be subject to the provisions of subsections (c) through (g) of this Code section, effective July 1, 1993. (c) When funds are paid into the registry of the court, the clerk shall deposit such funds in one or more interest-bearing trust accounts in investments authorized by Code 5000 JOURNAL OF THE SENATE Section 36-80-3 or by Chapter 83 of Title 36. (d) When funds have been paid into the registry of the court pursuant to a court order directing that such funds be deposited in an interest-bearing trust account for the benefit of one or more of the parties, the interest received from such funds after service charges or fees imposed by the bank or depository shall be paid to one or more of the parties as the order of the court directs. (e) When funds have been paid into the registry of the court and the order of the court relating to such funds does not state that such funds shall be placed in an interestbearing trust account for the benefit of one or more of the parties, the clerk shall deposit such funds in an interest-bearing trust account, and the financial institution in which such funds are deposited shall remit, after service charges or fees are deducted, the interest generated by said funds directly, at least quarterly and within 30 days of receipt, to the Georgia Superior Court Clerks Cooperative Authority by the last day of the month following the month in which such funds were received for distribution to the Georgia Public Defender Standards Council for distribution allotment to the circuit public defender offices. With each remittance, the financial institution shall send a statement showing the name of the court, the rate of interest applied, the average monthly balance in the account against which the interest rate is applied, the service charges or fees of the bank or other depository, and the net remittance. This subsection shall include, but not be limited to, cash supersedeas bonds for criminal appeal, other supersedeas bonds, and bonds or funds paid into the court registry in actions involving interpleader, condemnation, and requests for injunctive relief. The Georgia Public Defender Standards Council shall allocate all interest received from such funds deposited in interest-bearing trust accounts to the circuit public defender offices. (f) The Georgia Superior Court Clerks Cooperative Authority shall prescribe uniform procedures and forms for the reporting and remittance of all funds reported to or remitted by the Georgia Superior Court Clerks Cooperative Authority. (g) Any interest earned on funds subject to this Code section or Code Section 15-7-49, 15-9-18, or 15-10-240 while in the custody of the the Georgia Superior Court Clerks Cooperative Authority shall be remitted to the Georgia Public Defender Standards Council. (f)(h) In its discretion, the court may at any time amend its order to require that the funds be deposited into an interest-bearing account for the benefit of one or more of the parties to the action, and the clerk shall comply with such amended order. (g)(i) In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the clerk shall be exempt from subsections (a) through (f) (h) of this Code section. In such counties, the clerk shall send a written notice to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority." SECTION 5. Said title is further amended by revising Code Section 15-6-95, relating to the priorities of distribution of fines, forfeitures, surcharges, additional fees, and costs of partial FRIDAY, APRIL 4, 2008 5001 payments into court, as follows: "15-6-95. Notwithstanding any law to the contrary, a clerk of any superior court of this state who receives partial payments, as ordered by the court, of criminal fines, forfeitures, or costs shall distribute said sums in the order of priority set forth below: (1) The amount provided for in Chapter 17 of Title 47 for the Peace Officers Annuity and Benefit Fund; (2) The amount provided for in Chapter 14 of Title 47 for the Superior Court Clerks Retirement Fund of Georgia; (3) The amount provided for in Chapter 16 of Title 47 for the Sheriffs Retirement Fund of Georgia; (4) The amounts provided under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-21-73; (5) The amounts provided for under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73; (6) The amount as may be provided in Chapter 15 of Title 36 for county law libraries; (7) The surcharge provided for in Chapter 21 of this title for jail construction and staffing; (8) The surcharge provided for in cases of driving under the influence for purposes of state crime victim compensation under Code Section 15-21-112; (9) The application fee provided for in subsection (c) of Code Section 15-21A-6; (10) The balance of the fine shall be paid to the county; and (10)(11) After the final partial or installment payment, the surcharge provided for in Code Sections 15-21-100 and 15-21-101 for the Drug Abuse Treatment and Education Fund." SECTION 6. Said title is further amended by revising Code Section 15-7-49, relating to remittance of interest from interest-bearing trust accounts to the Georgia Public Defender Standards Council, as follows: "15-7-49. When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority in accordance with the provisions of subsections (c) through (g) (i) of Code Section 15-6-76.1. The for distribution to the Georgia Public Defender Standards Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1." SECTION 7. Said title is further amended by revising Code Section 15-9-18, relating to remittance of interest from cash bonds to the Georgia Public Defender Standards Council, as follows: 5002 JOURNAL OF THE SENATE "15-9-18. Whenever the sheriff transfers cash bonds to the clerk of the court, pursuant to Code Section 15-16-27, the clerk shall deposit such funds into interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority in accordance with the provisions of subsections (c) through (g) (i) of Code Section 15-6-76.1. The for distribution to the Georgia Public Defender Standards Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-676.1." SECTION 8. Said title is further amended by revising Code Section 15-10-240, relating to remittance of interest from funds to the Georgia Public Defender Standards Council, as follows: "15-10-240. When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority in accordance with the provisions of subsections (c) through (g) (i) of Code Section 15-6-76.1. The for distribution to the Georgia Public Defender Standards Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1." SECTION 9. Said title is further amended by revising Code Section 15-16-27, relating to deposit by sheriff of cash bonds and reserves of professional bondspersons in interest-bearing accounts and disposition of interest, as follows: "15-16-27. (a) Unless transferred to the appropriate clerk of court, the sheriff shall deposit cash bonds held by the sheriff in one or more interest-bearing trust accounts in investments authorized by Code Section 36-80-3 or by Chapter 83 of Title 36. (b) The financial institution in which the funds are deposited shall remit, after service charges or fees are deducted, the interest generated by such funds directly, at least quarterly and within 30 days of receipt, to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority in accordance with the provisions of subsections (c) through (i) of Code Section 15-6-76.1 for distribution to the circuit public defender offices Georgia Public Defender Standards Council. With each remittance, the financial institution shall send a statement showing the name of the county, deposits and withdrawals from the account or accounts, interest paid, service charges or fees of the bank or other depository, and the net remittance. The Georgia Public Defender Standards Council shall allocate all interest received from such funds deposited in interest-bearing trust accounts to the circuit public defender offices. (c) In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the sheriff shall be exempt from subsections (a) and (b) of this Code section. In such counties, the sheriff FRIDAY, APRIL 4, 2008 5003 shall send a written notice to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority." SECTION 10. Said title is further amended by revising Code Section 15-21-73, relating to the penalties to be imposed in certain criminal, quasi-criminal, and traffic cases and upon violation of bond, as follows: "15-21-73. (a)(1) In every case in which any state court, probate court, juvenile court, police, recorders, or mayors court, municipal court, magistrate court, or superior court in this state shall impose a fine, which shall be construed to include costs, for any criminal or quasi-criminal offense against a criminal or traffic law, including civil traffic violations and violations of local criminal ordinances, of this state or political subdivision thereof, there shall be imposed as an additional penalty a sum equal to: (A) The lesser of $50.00 or 10 percent of the original fine; plus (B) An additional 10 percent of the original fine. (2) At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or political subdivision thereof, an additional sum equal to: (A) The lesser of $50.00 $100.00 or 10 percent of the original amount of bail or bond; plus (B) The lesser of an additional $50.00 $100.00 or 10 percent of the original amount of bail or bond shall be posted. In every case in which any state court, probate court, municipal court, magistrate court, recorders court, mayors court, or superior court shall order the forfeiture of bail or bond, the additional amounts provided for in this paragraph shall be paid over as provided in Code Section 15-21-74. (b) Such sums shall be in addition to that amount required by Code Section 47-17-60 to be paid into the Peace Officers Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia and any other amounts provided for by law." SECTION 11. Said title is further amended by revising Code Section 15-21-74, relating to assessment and collection of penalties, transfer of payments to the Georgia Superior Court Clerks Cooperative Authority, and quarterly accounting, as follows: "15-21-74. The sums provided for in under paragraph (1) of subsection (a) of Code Section 15-2173 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the Georgia Superior Court Clerks Cooperative Authority by the last day of the month there following, to be deposited by the authority into the general treasury. The sums provided for under paragraph (2) of subsection (a) of Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys 5004 JOURNAL OF THE SENATE arising from forfeited bonds and shall be paid over to the Georgia Superior Court Clerks Cooperative Authority by the last day of the month there following for remittance to the Office of Treasury and Fiscal Services; provided, however, that if the local governing authority has an approved procedure to verify the applicants income as set forth in Code Section 17-12-80, the court officer shall remit 50 percent of such funds to the Georgia Superior Court Clerks Cooperative Authority, and the remaining 50 percent shall be remitted to the local governing authority and reported to the Georgia Superior Court Clerks Cooperative Authority. The authority shall, on a quarterly basis, make a report and accounting of all funds collected and disbursed pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget, the House Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter." SECTION 12. Said title is further amended by revising Code Section 15-21-77, relating to collections to be appropriated for law enforcement or prosecutorial officers training and funding for indigent defense, as follows: "15-21-77. (a) An amount equal to the net proceeds derived under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-21-73 in the immediately preceding year shall be appropriated to fund law enforcement or prosecutorial officers training, or both, and activities incident thereto, including, but not limited to, payment or repayment to the state treasury for capital outlay, general obligation bond debt service, administrative expenses, and any other expense or fund application which the General Assembly may deem appropriate. This subsection Code section shall not preclude the appropriation of a greater amount for this purpose. (b) It is the intent of the General Assembly that all funds derived under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73 shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense. (c) Where the Georgia Public Defender Standards Council has approved an alternative delivery system as set forth in Code Section 17-12-36, the council shall pay from funds available to the council an amount of funds equal to the amount that would have been allocated to the circuit for the minimum salary of the circuit public defender, the assistant circuit public defenders, the investigator, and the administrative staff, exclusive of benefits, if the circuit was not operating an alternative delivery system." SECTION 13. Said title is further amended by revising subsection (c) of Code Section 15-21-179, relating to additional penalties for violation of traffic laws or ordinances, as follows: "(c) This Code section shall be repealed in its entirety on June 30, 2008 2013, unless extended by an Act of the General Assembly." FRIDAY, APRIL 4, 2008 5005 SECTION 14. Said title is further amended by revising Code Section 15-21A-6, relating to additional filing fees, application for free legal services, and remittance of funds, as follows: "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, 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, 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 such 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 shall 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 measurable hardship will result if the fee is charged. If the application fee required by this subsection has not been paid or waived at prior to the time the defendant is sentenced, the court shall impose such fee as a condition of probation. (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, if the governing authority has a procedure to 5006 JOURNAL OF THE SENATE verify the applicants income as set forth in Code Section 17-12-80, shall pay such moneys over to the authority entity providing legal defense services under Chapter 12 of Title 17 by the last day of the month after the month of collection, to be deposited by and such funds shall not be subject to payment to the authority into the general fund of the state treasury. If the governing authority does not have such verification procedure, the moneys shall be paid over to the authority by the last day of the month after the month of collection, to be deposited by the authority into the general fund of the state treasury. (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. (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 such fee is waived by the court for inability to pay or measurable hardship. If the application fee required by this subsection has not been paid or waived at prior to 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 such 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)(f) For the purposes of this Code section, a county or municipality that provides indigent defense services or that contracts with a circuit public defender office for the provision of indigent defense services in courts other than the superior and juvenile court is shall be deemed to be the entity providing the legal defense services and is shall be entitled to impose and collect the application fee authorized by subsection (f) (e) of this Code section." SECTION 15. Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, is amended by revising Code Section 17-12-2, relating to definitions, as follows: "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) 'Director' means the director of the Georgia Public Defender Standards Council. (5)(6) 'Indigent person' or 'indigent defendant' means: (A) A person charged with a misdemeanor, violation of probation, or a municipal, or county, or juvenile offense punishable by imprisonment who earns or, in the case FRIDAY, APRIL 4, 2008 5007 of a juvenile, whose parents earn, less than 125 100 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 juvenile charged with a delinquent act or a violation of probation punishable by detention whose parents earn less than 125 percent of the federal poverty guidelines unless there is evidence that the juvenile or his or her parents have other resources that might reasonably be used to employ a lawyer without undue hardship on the juvenile, his or her parents, or the parents dependents; and (B)(C) 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, or, in the case of a juvenile, his or her parents or the parents 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. (7) 'Legislative oversight committee' means the Legislative Oversight Committee for the Georgia Public Defender Standards Council. (6)(8) '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 16. Said chapter is further amended by revising Code Section 17-12-3, relating to creation and membership of the Georgia Public Defender Standards Council, as follows: "17-12-3. (a) There is created the Georgia Public Defender Standards Council to be composed of 11 15 members. (b) Ten members 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. Except as provided in paragraph (3.1) of this subsection, the 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 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 this state is represented and so that each appointing authority shall rotate the particular judicial 5008 JOURNAL OF THE SENATE 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, except that on and after July 1, 2008, the Lieutenant Governor shall make such appointments; 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, except that on and after July 1, 2008, the Speaker of the House of Representatives shall make such appointments; (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, except that on and after July 1, 2008, the Lieutenant Governor shall make such appointments; 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, except that on and after July 1, 2008, the Speaker of the House of Representatives shall make such appointments; (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 FRIDAY, APRIL 4, 2008 5009 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, except that on and after July 1, 2008, the Lieutenant Governor shall make such appointments; 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, except that on and after July 1, 2008, the Speaker of the House of Representatives shall make such appointments; (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, except that on and after July 1, 2008, the Lieutenant Governor shall make such appointments; 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, except that on and after July 1, 2008, the Speaker of the House of Representatives shall make such appointments; 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, except that on and after July 1, 2008, the Lieutenant Governor shall make such appointments; 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, except that on and after July 1, 2008, the Speaker 5010 JOURNAL OF THE SENATE of the House of Representatives shall make such appointments. All subsequent appointments shall continue on, with the entire cycle starting over again as specified in subparagraph (A) of this paragraph; (3) The In addition, 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; (3.1) Four members of the council shall be county commissioners who have been elected and are serving as members of a county governing authority in this state. The county commissioner councilmembers shall be appointed by the Governor on or before July 1, 2008, and shall be from different geographic regions of this state. The Governor may solicit recommendations for such appointees from the Association County Commissioners of Georgia. Each county commissioner councilmember shall serve terms of four years; provided, however, that the initial appointments shall be for one, two, three, and four years, respectively, as designated by the Governor for each appointment, and thereafter, such members shall serve terms of four years. A county commission councilmember shall be eligible to serve so long as he or she retains the office by virtue of which he or she is serving on the council; (4) Except as provided in paragraph (3.1) of this subsection, all 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), and (3.1) 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) (e) of Code Section 17-12-20. (c) In making these the appointments for ten members of the council as provided in paragraph (2) of subsection (b) of this Code section, 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 this state. The appointing authorities shall not appoint a prosecuting attorney as defined in paragraph (6) of Code Section 19- FRIDAY, APRIL 4, 2008 5011 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 17. Said chapter is further amended by revising subsections (a) and (b) of Code Section 1712-4, relating to the authority of the council, its annual report, and compensation of personnel, as follows: "(a) The council: (1) Shall be a legal entity; (2) Shall have perpetual existence; (3) May contract; (4) May own property; (5) May accept funds, grants, and gifts from any public or private source, which shall be used to defray the expenses incident to implementing its purposes; (6) May adopt and use an official seal; (7) May establish a principal office; (8) Shall appoint a director; (9)(8) May hire such administrative and clerical personnel as may be necessary and appropriate to fulfill its purposes; and (10)(9) Shall have such other powers, privileges, and duties as may be reasonable and necessary for the proper fulfillment of its purposes. (b) The council shall establish auditing procedures as may be required in connection with the handling of public funds. The state auditor is shall be authorized and directed to make an annual audit of the transactions of the council and to make a complete report of the same to the General Assembly. The report annual audit shall disclose all moneys received by the council and all expenditures made by the council, including administrative expense by revenue source, including all programs and special projects itemized in the General Appropriations Act. The annual audit shall include an itemization by revenue source of encumbered and reserved money. Revenue sources shall include each county governing authoritys expenditures which are made pursuant to Code Sections 17-12-31 and 17-12-32 and city or county expenditures which are made pursuant to subsection (d) of Code Section 17-12-23. The state auditor shall also make an audit of the affairs of the council at any time when requested to do so by a majority of the council or by the Chief Justice of the Supreme Court of Georgia Governor or General Assembly." SECTION 18. Said chapter is further amended by revising Code Section 17-12-5, relating to the councils director, qualification, selection, and responsibilities, as follows: "17-12-5. (a) To be eligible for appointment as the councils director, a candidate shall be a 5012 JOURNAL OF THE SENATE member in good standing of the State Bar of Georgia with at least three seven years experience in the practice of law. The director shall be selected on the basis of training and experience and such other qualifications as the council deems appropriate. The director shall be appointed by the Governor and shall serve at the pleasure of the council and may be removed by a majority vote of the entire council Governor. The council shall establish the directors salary. (b)(1) The director shall work with and provide support services and programs for circuit public defender offices and other attorneys representing indigent persons in criminal or juvenile cases in order to improve the quality and effectiveness of legal representation of such persons and otherwise fulfill the purposes of this chapter. Such services and programs shall include, but shall not be limited to, technical, research, and administrative assistance; educational and training programs for attorneys, investigators, and other staff; assistance with the representation of indigent defendants with mental disabilities; assistance with the representation of juveniles; assistance with death penalty cases; and assistance with appellate advocacy. (2) The director, with the consent of the council, may establish divisions within the office to administer the services and programs as may be necessary to fulfill the purposes of this chapter. The director shall establish a mental health advocacy division and the Georgia capital defender division. (3) The director may hire and supervise such staff employees and may contract with outside consultants on behalf of the office as may be necessary to provide the services contemplated by this chapter. (c) The director shall have and may exercise the following power and authority: (1) The power and authority to take or cause to be taken any or all action necessary to perform any indigent defense services or otherwise necessary to perform any duties, responsibilities, or functions which the council is authorized by law to perform or to exercise any power or authority which the council is authorized by law to exercise; (2) The power and authority to make, promulgate, enforce, or otherwise require compliance with any and all rules, regulations, procedures, or directives necessary to perform any indigent defense services, to carry into effect the minimum standards and procedures promulgated by the council, or otherwise necessary to perform any duties, responsibilities, or functions which the council is authorized by law to perform or to exercise any power or authority which the council is authorized by law to exercise; and (3) The power and authority to assist the council in the performance of its duties, responsibilities, and functions and the exercise of its power and authority. (c)(d) The director shall: (1) Prepare and submit to the council a proposed budget for the council. Said budget shall not contain any request for funding for the operation of the circuit public defender offices until the budget submission for Fiscal Year 2005. The director shall also prepare and submit an annual report containing pertinent data on the operations, costs, and needs of the council and such other information as the council may require; (2) Develop such rules, policies, procedures, regulations, and standards as may be FRIDAY, APRIL 4, 2008 5013 necessary to carry out the provisions of this chapter and comply with all applicable laws, standards, and regulations, and submit these to the council for approval; (3) Administer and coordinate the operations of the council and supervise compliance with rules, policies, procedures, regulations, and standards adopted by the council; (4) Maintain proper records of all financial transactions related to the operation of the council; (5) At the directors discretion, solicit and accept on behalf of the council any funds that may become available from any source, including government, nonprofit, or private grants, gifts, or bequests; (6) Coordinate the services of the council with any federal, county, or private programs established to provide assistance to indigent persons in cases subject to this chapter and consult with professional bodies concerning the implementation and improvement of programs for providing indigent services; (7) Provide for the training of attorneys and other staff involved in the legal representation of persons subject to this chapter; (8) Attend all council meetings, except those meetings or portions thereof that address the question of appointment or removal of the director; (9) Ensure that the expenditures of the council are not greater than the amounts budgeted or available from other revenue sources; and (10) Hire, with the pending approval of the council, a mental health advocate who shall serve as director of the division of the office of mental health advocacy; (11) Hire, with the pending approval of the council, the capital defender who shall serve as the director of the division of the office of the Georgia capital defender; (12) Evaluate each circuit public defenders job performance and communicate his or her findings to the council; and (13) Perform other duties as the council may assign." SECTION 19. Said chapter is further amended by revising subsection (b) of Code Section 17-12-6, relating to assistance of council to public defenders, as follows: "(b) The council: (1) Shall be the fiscal officer for the circuit public defender offices and shall account for all moneys received from each governing authority; and (2) Shall collect, maintain, review, and publish records and statistics for the purpose of evaluating the delivery of indigent defense representation in Georgia." SECTION 20. Said chapter is further amended by revising Code Section 17-12-8, relating to approval by the council of programs for representation of indigents, development of standards, and submission to and ratification by the General Assembly of standards having a fiscal impact, as follows: "17-12-8. (a) The council shall approve the development and improvement of programs which 5014 JOURNAL OF THE SENATE provide legal representation to indigent persons and juveniles. (b) The council shall approve and implement programs, services, rules, policies, procedures, regulations, and standards as may be necessary to fulfill the purposes and provisions of this article chapter and to comply with all applicable laws governing the rights of indigent persons accused of violations of criminal law. Standards shall include, but shall not be limited to, the following: (1) Standards for maintaining and operating circuit defender offices, including requirements regarding qualifications, training, and size of the legal and supporting staff of such offices; (2) Standards prescribing minimum experience, training, and other qualifications for appointed counsel where a conflict of interest arises between the public defender and an indigent person; (3) Standards for assistant public defender and appointed counsel caseloads; (4) Standards for the performance of assistant public defenders and appointed counsel representing indigent persons; (5) Standards and procedures for the appointment of independent, competent, and efficient counsel for representation in both the trial and appellate courts of indigent persons whose cases present conflicts of interest; (6) Standards for providing and compensating experts, investigators, and other persons who provide services necessary for the effective representation of indigent persons; (7) Standards for qualifications and performance of counsel representing indigent persons in capital cases; (8) Standards for collecting the costs of legal representation and related services; (9) Standards for compensation of attorneys appointed to represent indigent persons under this article; (10) Standards for removing a circuit public defender for cause pursuant to Code Section 17-12-20; (11) Standards for a uniform definition of a 'case' for purposes of determining caseload statistics; and (12) Standards for accepting contractual indigent defense representation. (c) The initial minimum standards promulgated by the council pursuant to this Code section which are determined by the General Oversight Committee for the Georgia Public Defender Standards Council to have a fiscal impact shall be submitted by the council to the General Assembly at the regular session for 2005 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. The power of the council to promulgate such initial minimum standards shall be deemed to be dependent upon such ratification; provided, however, the minimum standards promulgated by the council shall be utilized as a guideline prior to ratification. Any subsequent amendments or additions to the initial minimum standards promulgated by the council pursuant to this Code section which are determined by the General Oversight Committee for the Georgia Public Defender Standards Council to FRIDAY, APRIL 4, 2008 5015 have a fiscal impact shall be ratified at the next regular session of 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. (d) All rules, regulations, policies, and standards that are promulgated by the council shall be publicly available for review and shall be posted on the councils website. Each rule, regulation, policy, and standard shall identify the date upon which the such rule, regulation, policy, and standard took effect, and if the standard is subject to ratification by the General Assembly as provided by subsection (c) of this Code section, the status of the standard with respect to ratification." SECTION 21. Said chapter is further amended by revising Code Section 17-12-9, relating to continuing legal education for public defenders and staff, as follows: "17-12-9. The council shall be authorized to conduct or approve for credit or reimbursement, or both, basic and continuing legal education courses or other appropriate training programs for the circuit public defenders or their staff members. The council, in accordance with such rules as it shall adopt, shall be authorized to provide reimbursement, in whole or in part, for the actual expenses incurred by any circuit public defender or their staff members in attending any approved course or training program from funds as may be appropriated or otherwise made available to the council. Notwithstanding any other provision of law, the The circuit public defenders or their staff members shall be authorized to receive reimbursement for actual expenses incurred in attending approved courses or training programs, provided that no person shall be entitled to claim reimbursement under both this Code section and Code Section 17-12-26. The council shall adopt rules governing the approval of courses and training programs for credit or reimbursement as may be necessary to administer this Code section properly." SECTION 22. Said chapter is further amended by revising Code Section 17-12-10, relating to annual reporting, as follows: "17-12-10. (a) The council shall prepare annually a report of its activities in order to provide the General Assembly, the Governor, and the Supreme Court of Georgia with an accurate description and accounting of the preceding years expenditures and accomplishments revenue, including moneys received from cities and county governing authorities. Such report shall include a three-year cost projection and anticipated revenues for all programs defined in the General Appropriations Act. (b) The council shall also provide to the General Assembly, the Governor, and the Supreme Court of Georgia a detailed analysis of all grants and funds, whether public or private, applied for or granted, together with how and in what manner the same are to 5016 JOURNAL OF THE SENATE be utilized and expended. (c) The council shall prepare annually a report in order to provide the General Assembly and the Governor with information on the councils assessment of the delivery of indigent defense services, including, but not limited to, the costs involved in operating each program and each governing authoritys indigent person verification system, methodology used, costs expended, and savings realized." SECTION 23. Said chapter is further amended by revising Code Section 17-12-10.1, relating to creation of general oversight committee, membership, and reporting audits, as follows: "17-12-10.1. (a) There is created the General Legislative Oversight Committee for the Georgia Public Defender Standards Council which shall be composed of eight persons: three members of the House of Representatives appointed by the Speaker of the House of Representatives, three members of the Senate appointed by the Senate Committee on Assignments or such person or entity as established by Senate rule, and one member of the House of Representatives and one member of the Senate appointed by the Governor. 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 such committee to serve as chairperson, and the Senate Committee on Assignments or such person or entity as established by Senate rule shall appoint one member of the committee to serve as vice chairperson during each even-numbered year. The Senate Committee on Assignments or such person or entity as established by Senate rule shall appoint a member of the such committee to serve as chairperson, and the Speaker of the House of Representatives shall appoint one member to serve as vice chairperson during each odd-numbered year. Such committee shall meet at least six three 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 review and evaluate the following: (1) Information on new programs submitted by the council; (2) Information on rules, regulations, policies, and standards proposed by the council; (3) The strategic plans for the council; (4) Program evaluation reports and budget recommendations of the council; (5) The fiscal impact of fees and fines on counties; (6) The reports submitted pursuant to Code Section 15-21A-7 in order to identify, among other things, opportunities to reduce or consolidate fees, fines, and surcharges; and (7) Such other information or reports as deemed necessary by such committee. (d) The council and director shall cooperate with such committee and provide such information or reports as requested by the committee for the performance of its functions. FRIDAY, APRIL 4, 2008 5017 (e) The council shall submit its budget estimate to the director of the Office of Planning and Budget in accordance with subsection (a) of Code Section 45-12-78. (f) The legislative oversight 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 such committee shall deliver written executive summaries of such report to the members of the General Assembly prior to the adoption of the General Appropriations Act each year. (g) The members of the such 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 legislative oversight committee shall be authorized to request that a performance audit of the council be conducted." SECTION 24. Said chapter is further amended by revising Code Section 17-12-10.2, relating to civil liability, as follows: "17-12-10.2. The members of the council as created by this article, the members of the circuit public defender selection supervisory panel created by Article 2 of this chapter, and other policy-making or administrative personnel acting in a policy-making or administrative capacity shall not be subject to civil liability resulting from any act or failure to act in the implementation and carrying out of the purposes of this article and Article 2 of this chapter." SECTION 25. Said chapter is further amended by revising Code Section 17-12-11, relating to the council assuming the responsibility of the Georgia Indigent Defense Council, funding, and personnel, as follows: "17-12-11. (a) On December 31, 2003, the Georgia Public Defender Standards Council shall assume all powers, duties, and obligations of the Georgia Indigent Defense Council created by former Code Section 17-12-32, and all references in this Code to the Georgia Indigent Defense Council shall be deemed to be references to the Georgia Public Defender Standards Council. Such powers shall include, without limitation, making grants and distributions to the counties. (b) At least 90 percent of all state appropriated funds to the former Georgia Indigent Defense Council or the Georgia Public Defender Standards Council for grants to counties shall be distributed to counties for the January 1, 2004, through December 31, 2004, time period, based upon previous year expenditures for the provision of defense services at the local level. (c) On December 31, 2003, the employees in good standing, assets, and resources of the Georgia Indigent Defense Council shall be transferred to the Georgia Public 5018 JOURNAL OF THE SENATE Defender Standards Council, and the council shall assume any executory contractual obligations of the Georgia Indigent Defense Council, provided that allocated funding resources for such obligations are also transferred. All full-time employees of the Georgia Public Defender Standards Council shall be state employees in the unclassified service of the State Merit System of Personnel Administration with all of the benefits of appointed state employees provided by law. (a) The mental health advocacy division shall represent in any court in this state indigent persons found not guilty by reason of insanity at the time of the crime or found mentally incompetent to stand trial and shall be the successor to the office of mental health advocacy created by Article 4 of this chapter as it existed on June 30, 2008. Any assets or resources of the office of mental health advocacy shall be transferred to the council. The mental health advocacy division office shall serve all counties of this state. (b) Whenever any person has been found not guilty by reason of insanity at the time of the crime pursuant to Code Section 17-7-131 or found mentally incompetent to stand trial pursuant to Code Section 17-7-130 and has been determined to be an indigent person, the court in which such case is pending shall notify the mental health advocacy division, and the division may assume the defense and representation of such person in all matters pursuant to Code Sections 17-7-130 and 17-7-131, as applicable, if the resources, funding, and staffing of the division allow; provided, however, that the circuit public defender or other attorney who represented the indigent person at the time of the finding of not guilty by reason of insanity at the time of the crime or the finding of mentally incompetent to stand trial shall have the option to retain responsibility for the representation of any such person. (c) Nothing in this Code section shall prevent the circuit public defender, the court, or the court appointed attorney from requesting the participation of the mental health advocacy division prior to a finding of not guilty by reason of insanity at the time of the crime or a finding of mentally incompetent to stand trial. The circuit public defender, the court, or the court appointed attorney may request that the mental health advocacy division assist in the case prior to a plea being entered and accepted by the court. (d) If for any reason the mental health advocacy division is unable to represent any indigent person found not guilty by reason of insanity at the time of the crime or found mentally incompetent to stand trial, such representation shall be provided as otherwise provided by law. (e) The director shall be responsible for management of the mental health advocacy division; provided, however, that the director may delegate day-to-day operations of the division to the mental health advocate." SECTION 26. Said chapter is further amended by revising Code Section 17-12-12, relating to the transition period, as follows: "17-12-12. From January 1, 2005, through December 31, 2005, the Georgia Public Defender FRIDAY, APRIL 4, 2008 5019 Standards Council shall coordinate the transition from the procedures for providing criminal defense to indigent persons in effect on December 31, 2004, in each county to the procedures provided in Article 2 of this chapter. On and after January 1, 2005, the provisions of Article 2 of this chapter shall govern the public provision of criminal defense to indigent persons in the courts of this state. (a) The Georgia capital defender division shall represent all indigent persons charged with a capital felony for which the death penalty is being sought in any court in this state and shall be the successor to the Office of the Georgia Capital Defender created by Article 6 of this chapter as it existed on June 30, 2008. Any assets or resources of the Office of the Georgia Capital Defender shall be transferred to the council. The Georgia capital defender division shall serve all counties of this state. (b) Whenever any person accused of a capital felony for which the death penalty is being sought has been determined to be an indigent person who has requested the assistance of counsel, the court in which the charges are pending shall notify the Georgia capital defender division, and the division shall assume the defense of such person except as provided in Code Section 17-12-12.1. (c) No person shall be assigned the primary responsibility of representing an indigent person accused of a capital offense for which the death penalty is sought unless such person is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a capital felony. (d) The Georgia capital defender division or appointed counsels defense of a defendant in a case in which the death penalty is sought shall include all proceedings in the trial court and any appeals to the Supreme Court of Georgia. Neither the Georgia capital defender division nor appointed counsel shall assist with any petition for a writ of habeas corpus in federal court. (e) The director shall be responsible for management of the Georgia capital defender division; provided, however, that the director may delegate day-to-day operations of the division to the capital defender." SECTION 27. Said chapter is further amended by adding a new Code section to read as follows: "17-12-12.1. (a) If there is a conflict of interest such that the Georgia capital defender division is unable to defend any indigent person accused of a capital felony for which the death penalty is being sought, the director shall determine and appoint counsel to represent the defendant. The director shall establish the contractual agreement with the defendants counsel for payment of representing the defendant, and, when feasible and prudent, a flat fee structure shall be utilized. (b) A maximum of two attorneys shall be paid by the council pursuant to a contractual agreement or at an hourly rate established by the council with state funds appropriated to the council. State funds shall be appropriated to the council for use by the Georgia capital defender division for the first $150,000.00 paid for each death penalty case. Funding for attorneys fees and expenses between $150,000.01 and $250,000.00 for 5020 JOURNAL OF THE SENATE each death penalty case shall be paid through state appropriations for 75 percent of such attorneys fees and expenses, and the county governing authority where the indictment was returned shall pay 25 percent of such attorneys fees and expenses. Funding for all attorneys fees and expenses in excess of $250,000.00 for each death penalty case shall be paid through state appropriations for 50 percent of such attorneys fees and expenses, and the county governing authority where the indictment was returned shall pay 50 percent of such attorneys fees and expenses. (c) The council, with the assistance of the Georgia capital defender division, shall establish guidelines for all expense requests for cases in which the death penalty is sought, including, but not limited to, attorneys fees, expert witness fees, investigative fees, travel and accommodation expenses, and copy and transcription costs. (d) A county governing authority may provide supplemental compensation to counsel appointed pursuant to this Code section." SECTION 28. Said chapter is further amended by revising Code Section 17-12-20, relating to public defender selection panel for each circuit, appointment and removal of circuit public defenders, and vacancies, as follows: "17-12-20. (a) On and after July 1, 2008, there There is created in each judicial circuit in the this state a circuit public defender selection supervisory panel to be composed of five seven members. The membership shall be composed of one member each 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 superior court of the circuit shall each appoint one member. The Governor shall appoint four members, two of which shall be members of the governing authority of the counties within the judicial circuit for which such member is appointed to serve. A member of a governing authority shall be eligible to serve so long as he or she retains the office by virtue of which he or she is serving on the panel. Members Other than the county commissioner, members of the circuit public defender selection supervisory panel 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. 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 shall not serve as a member of the circuit public defender selection supervisory panel after July 1, 2005. On and after July 1, 2008, no employees of the council shall serve as a member of the circuit public defender supervisory panel. Members of the circuit public defender selection supervisory panel shall reside in the judicial circuit in which they serve. The circuit public defender selection supervisory panel members shall serve for a term of five years. Any vacancy for an appointed member shall be filled by the appointing authority. (b)(1) By majority vote of its membership, the circuit public defender supervisory FRIDAY, APRIL 4, 2008 5021 panel shall annually elect a chairperson and secretary and determine a quorum for the transaction of business. The chairperson shall conduct the meetings and deliberations of the panel and direct all activities. The secretary shall keep accurate records of all the meetings and deliberations and perform such other duties as the chairperson may direct. The panel may be called into session upon the direction of the chairperson or by the council. (2) By majority vote of its membership, the circuit public defender selection supervisory panel shall appoint the circuit public defender in the circuit as provided in this article. The first such appointments shall be made to take office on January 1, 2005, for terms of up to four years. The initial appointments shall be for a term of up to four years. A circuit public defender may be appointed for successive terms but shall not be reappointed if he or she was removed pursuant to subsection (c) of this Code section. (c) A circuit public defender may be removed for cause by a majority vote of the council and may be removed without cause by a vote of two-thirds of the members of the entire council. (d) A circuit public defender supervisory panel may convene at any time during its circuit public defenders term of office and shall convene at least semiannually for purposes of reviewing the circuit public defenders job performance and the performance of the circuit public defender office. The council and circuit public defender shall be notified at least two weeks in advance of the convening of the circuit public defender supervisory panel. The circuit public defender shall be given the opportunity to appear before the circuit public defender supervisory panel and present evidence and testimony. The chairperson shall determine the agenda for the semiannual review process, but, at a minimum, such review shall include information collected pursuant to subsection (c) of Code Section 17-12-24, usage of state and local funding, expenditures, and budgeting matters. The chairperson shall make an annual report on or before the thirtieth day of September of each year concerning the circuit public defender supervisory panels findings regarding the job performance of the circuit public defender and his or her office to the council on a form provided to the panel by the council. If at any time the circuit public defender supervisory panel finds that the circuit public defender is performing in a less than satisfactory manner or finds information of specific misconduct, the circuit public defender supervisory panel may by majority vote of its members adopt a resolution seeking review of their findings and remonstrative action by the council. Such resolution shall specify the reason for such request. All evidence presented and the findings of the circuit public defender supervisory panel shall be forwarded to the council within 15 days of the adoption of the resolution. The council shall initiate action on the circuit public defender supervisory panels resolution at its next regularly scheduled meeting and take final action within 60 days thereafter. The council shall notify the circuit public defender supervisory panel, in writing, of any actions taken pursuant to submission of a resolution under this subsection. 5022 JOURNAL OF THE SENATE (d)(e) If a vacancy occurs for the position of circuit public defender, the chief judge of the superior court of the circuit shall appoint an interim circuit public defender to serve until the circuit public defender selection supervisory panel has appointed a replacement to serve out the unexpired term of office. The circuit public defender selection supervisory panel shall appoint a replacement circuit public defender within three months of the occurring of the vacancy. The replacement circuit public defender shall not be any individual who has been removed by the council pursuant to subsection (c) of this Code section." SECTION 29. Said chapter is further amended by revising Code Section 17-12-22, relating to the procedure for appointment of attorneys for indigent defendants in the event the public defender has a conflict of interest, as follows: "17-12-22. (a) The council shall establish a procedure for providing legal representation in cases where the circuit public defender office has a conflict of interest. This Such procedure be by may include, but shall not be limited to, the appointment of individual counsel on a case-by-case basis or by the establishment of a conflict defender office in those circuits where the volume of cases may warrant a separate conflict defender office the utilization of another circuit public defender office when feasible. It is the intent of the General Assembly that the council consider the most efficient and effective system to provide legal representation where the circuit public defender office has a conflict of interest. (b) The circuit public defender shall establish a method for identifying conflicts of interest at the earliest possible opportunity. If there is a conflict of interest such that the circuit public defender office cannot represent a defendant and an attorney who is not employed by the circuit public defender office is appointed, such attorney shall have a contractual relationship with the council to represent indigent persons in conflict of interest cases, and such relationship may include, but shall not be limited to, a flat fee structure. (c) Attorneys who seek appointment in conflict cases must shall have such experience or training in the defense of criminal cases as is necessary in light of the complexity of the case to which they are he or she is appointed and must shall meet such qualifications, regulations, and standards for the representation of indigent defendants as are established by the council. (c) The circuit public defender shall establish a method for identifying conflicts of interest at the earliest possible opportunity." SECTION 30. Said chapter is further amended by revising subsections (b) and (d) of Code Section 1712-23, relating to cases in which public defender representation is required, timing of representation, and contracts with local governments, as follows: "(b) In each of the actions and proceedings enumerated in subsection (a) of this Code FRIDAY, APRIL 4, 2008 5023 section, entitlement to the services of counsel begins as soon as is feasible and no not more than 72 hours three business days after the indigent person is taken into custody or service is made upon him or her of the charge, petition, notice, or other initiating process and such person makes an application for counsel to be appointed." "(d) A city or county may contract with the circuit public defender office for the provision of criminal defense for indigent persons accused of violating city or county ordinances or state laws. If a city or county does not contract with the circuit public defender office, the city or county shall be subject to all applicable rules, regulation, policies, and standards adopted by the council for representation of indigent persons in this state." SECTION 31. Said chapter is further amended by revising subsections (a) and (c) of Code Section 1712-24, relating to financial eligibility for indigent defense services representation and operation of the public defenders office, as follows: "(a) The circuit public defender, and any other person or entity providing indigent defense services, or the system established pursuant to Code Section 17-12-80 shall determine the financial eligibility of any if a person or juvenile arrested, detained, or charged in any manner in accordance with the definition of an is an indigent person set forth in Code Section 17-12-2 that would entitle him or her entitled to representation under this chapter." "(c) The circuit public defender shall keep and maintain appropriate records, which shall include the number of persons represented under this article, including cases assigned to other counsel based on conflict of interest; the offenses charged; the outcome of each case; the expenditures made in carrying out the duties imposed by this article chapter; and any other information requested by the council." SECTION 32. Said chapter is further amended by revising Code Section 17-12-25, relating to the salary of the public defender and prohibiting the private practice of law, as follows: "17-12-25. (a) Each circuit public defender shall receive an annual salary of $87,593.58, and costof-living adjustments may be given by the General Assembly in the General Appropriations Act by a percentage not to exceed the average percentage of the general increase in salary as may from time to time be granted to employees of the executive, judicial, and legislative branches of government from state funds:; provided, however, that any increase for such circuit public defender shall not include within-grade step increases for which classified employees of the state merit system are eligible. Any increase granted pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees. The Office of Planning and Budget shall calculate the average percentage increase. (b) The county or counties comprising the judicial circuit may supplement the salary of the circuit public defender in an amount as is or may be authorized by local Act or in an amount as may be determined by the governing authority of the county or counties, 5024 JOURNAL OF THE SENATE whichever is greater. (c) No circuit public defender shall engage in the private practice of law for profit or serve concurrently in any judicial office." SECTION 33. Said chapter is further amended by revising Code Section 17-12-26, relating to the budget of the council, as follows: "17-12-26. (a) The council shall prepare and submit to the director of the Office of Planning and Budget an annual proposed its budget estimate necessary for fulfilling the purposes of this article chapter in accordance with Code Section 45-12-78. The budget request shall be based on the previous years expenditures and budget requests submitted by each circuit public defender, the Office of the Georgia Capital Defender, and the office of the mental health advocate. The councils total budget request for funding for the operations of the circuit public defender offices and the councils programs shall not exceed the amount of funds collected for indigent defense pursuant to Code Sections 15-21-73 and 15-21A-6; provided, however, that the General Assembly shall not be obligated to appropriate such amount for indigent defense. The council is also shall be authorized to seek, solicit, apply for, and utilize funds from any public or private source to use in fulfilling the purposes of this article chapter. (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 Office of the Georgia Capital Defender and the office of the mental health advocate. (c)(1) Subject to the provisions of paragraphs (3) and (4) of this subsection, expenses paid by the council pursuant to this Code section shall be paid out of funds as may be appropriated by the General Assembly. (2) On or before June 1 of each year, the council shall establish and furnish to each circuit public defender and the state auditor the travel budget for each judicial circuit based on the amount appropriated by the General Assembly for travel. (3) In determining the travel budget for each judicial circuit, the council shall consider the budget request submitted by the circuit public defender of each judicial circuit, the geographic size and the caseload of each circuit, and other facts as may be relevant. The council is authorized to establish a contingency reserve of not more than 3 percent of the total amount appropriated by the General Assembly in order to meet any expenses which could not be reasonably anticipated. The council shall submit to each circuit public defender, the state auditor, and the legislative budget analyst a monthly report showing the budget amount of expenditures made under the travel budget. The council may periodically review and adjust the travel budget as may be necessary to carry out the purposes of this subsection. (4) Neither the circuit public defender nor any personnel compensated by the state pursuant to the provisions of this article shall be reimbursed from state funds for any FRIDAY, APRIL 4, 2008 5025 expenses for which the person has been reimbursed from funds other than state funds; provided, however, that the governing authority of the county or counties comprising the judicial circuit are authorized to provide travel advances or to reimburse expenses which may be incurred by the person in the performance of his or her official duties to the extent the expenses are not reimbursed by the state as provided in this Code section." SECTION 34. Said chapter is further amended by revising subsection (f) of Code Section 17-12-28, relating to appointment of investigator, role and responsibilities, compensation, and promotions, as follows: "(f) Personnel appointed pursuant to this Code section shall be reimbursed for actual expenses incurred in the performance of their official duties in accordance with the provisions of Code Section 17-12-26." SECTION 35. Said chapter is further amended by revising Code Section 17-12-31, relating to employment of additional personnel, as follows: "17-12-31. (a) The circuit public defender in each judicial circuit may employ additional assistant circuit public defenders, deputy circuit public defenders, or other attorneys, investigators, paraprofessionals, clerical assistants, and other employees or independent contractors as may be if the employment of such additional personnel is provided for by local law or as may be if the employment of such additional personnel is specifically authorized and funded by the governing authority of the county or counties comprising the judicial circuit. The circuit public defender shall define the duties and fix the title of any attorney or other employee of the office of the circuit public defender. (b) Personnel employed by the circuit public defender pursuant to this Code section shall serve at the pleasure of the circuit public defender and shall be compensated by the county or counties comprising the judicial circuit, in the manner and in an amount of compensation to be paid to be fixed either by local Act or by the circuit public defender with the specific approval of the county or counties comprising the judicial circuit." SECTION 36. Said chapter is further amended by revising Code Section 17-12-33, relating to assistant public defenders private practice of law prohibited and admission to the bar of Georgia, as follows: "17-12-33. (a) Any assistant public defender or other attorney at law employed full time by the circuit public defender who is compensated in whole or in part by state funds shall not engage in the private practice of law for profit or serve concurrently in any judicial office. (b) Any assistant public defender or any other attorney at law employed by the circuit public defender shall be a member of the State Bar of Georgia and shall be admitted to 5026 JOURNAL OF THE SENATE practice before the appellate courts of this state. The assistant public defender shall serve at the pleasure of the circuit public defender and shall have such authority, powers, and duties as may be assigned by the circuit public defender." SECTION 37. Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section 17-12-36, relating to alternative delivery systems and annual review of operations by the council, as follows: "(2) The council, by majority vote of the entire council, determines that the delivery system meets or exceeds its rules, regulations, policies, and standards, including, without limitation, caseload standards, as the council adopts;" SECTION 38. Said chapter is further amended by adding a new subsection to Code Section 17-12-36, relating to alternative delivery systems and annual review of operations by the council, to read as follows: "(h) An approved alternative delivery system shall be paid by the council, from funds available to the council, in an amount equal to the amount that would have been allocated to the judicial circuit for the minimum salary of the circuit public defender, the assistant circuit public defenders, the investigator, and the administrative staff, exclusive of benefits, if the judicial circuit was not operating an alternative delivery system." SECTION 39. Said chapter is further amended by revising Code Section 17-12-50, relating to definitions, as follows: "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 shall 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." SECTION 40. Said chapter is further amended by revising subsection (c) of Code Section 17-12-51, relating to the repayment of attorneys fees as a condition of probation, as follows: "(c) If a defendant who is represented by a public defender, who is paid for entirely by the state, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other costs of the defense if FRIDAY, APRIL 4, 2008 5027 the payment does not impose a financial hardship upon such defendant or the such defendants dependent or dependents. Such The defendant shall make the such payment through the probation department to the 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." SECTION 41. Said chapter is further amended by revising Article 4, relating to mental health advocacy for insane, as follows: "ARTICLE 4 17-12-80. As used in this article, the term 'office' means the office of mental health advocacy created by this article. (a) In order to retain funding as provided in Code Sections 15-21-74 and 15-21A-6, a governing authority shall verify that the applicant qualifies as an indigent person. The governing authority shall establish the methodology for verification and fund such process. The governing authority shall produce auditable information to the council to substantiate its verification process as requested by the council or its director. (b) The council shall establish rules and regulations to determine approval of an indigent person verification system and shall annually provide written notification to the Georgia Superior Court Clerks Cooperative Authority as to whether or not a governing authority has an approved indigent person verification system. (c) The governing authority shall advise the circuit public defender, if applicable, or the administrator of the indigent defense system for the jurisdiction of the name of each person who has applied for legal services and provide identifying information for those persons who are financially eligible for services within one business day of such persons application for services. 17-12-81. There is created the office of mental health advocacy for the purpose of undertaking the representation of indigent persons found not guilty by reason of insanity at the time of the crime in any court in this state. The office shall serve all counties of this state. The office shall be a direct successor of the mental health advocacy division of the Georgia Indigent Defense Council created by former Code Section 17-12-45 and all powers, duties, and obligations of such division shall become the powers, duties, and obligations of the office. The employees, assets, and resources of the mental health advocacy division of the Georgia Indigent Defense Council shall be transferred to the office. All references in this Code to the mental health advocacy division of the Georgia Indigent Defense Council shall be deemed to be references to the office. 5028 JOURNAL OF THE SENATE 17-12-82. The office shall be a legal entity; shall have perpetual existence; may contract; may own property; may accept funds, grants, and gifts from any public or private source, which funds shall be used to defray the expenses incident to implementing its purposes; and may establish a principal office. 17-12-83. The council shall be responsible for management of the office. Managerial duties shall include, but are not limited to, the following: (1) Appointment of the mental health advocate; (2) Establishing the salaries of the mental health advocate and the offices staff; (3) Approving the level of staffing and establishing policy consistent with the intent of this chapter; and (4) Preparing an annual budget for the office, administering the funds made available to the office, and overseeing the expenditure of such funds. 17-12-84. 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. Such budget shall be submitted by the mental health advocate to the council. 17-12-85. The mental health advocate shall be appointed by and shall serve at the pleasure of the council. The mental health advocate must be a member in good standing of the State Bar of Georgia with at least three years experience in the practice of law and must be competent to counsel and represent a person found not guilty by reason of insanity at the time of the crime. The salary of the mental health advocate shall be established by the council. 17-12-86. The mental health advocate shall employ, with the advice and consent of the council and in the manner and at the compensation prescribed by the council, as many assistant attorneys, clerks, investigators, paraprofessionals, administrative assistants, and any other persons as may be necessary for carrying out the responsibilities assigned to the office by law. A person employed under this Code section serves at the pleasure of the mental health advocate. 17-12-87. (a) Whenever any person has been found not guilty by reason of insanity at the time of the crime pursuant to Code Section 17-7-131 and has been determined to be indigent, as provided in Article 1 of this chapter, the court in which such charges are pending shall notify the office and the office may assume the defense and representation of such persons in all matters pursuant to Code Section 17-7-131 if the resources, funding, and FRIDAY, APRIL 4, 2008 5029 staffing of the office allow; provided, however, that the circuit public defender or other attorney who represented the indigent at the time of the finding of not guilty by reason of insanity at the time of the crime shall have the option to retain responsibility for the representation of any such person. (b) Nothing in this Code section shall prevent the circuit public defender, the court, or the court appointed attorney from requesting the participation of the office prior to a finding of not guilty by reason of insanity at the time of the crime. The circuit public defender, the court, or the court appointed attorney may request that the office assist in the case prior to a plea being entered and accepted by the court. (c) If for any reason the office is unable to represent any indigent person found not guilty by reason of insanity at the time of the crime, such representation shall be provided as otherwise provided by law. 17-12-88. This article shall become effective on December 31, 2003." SECTION 42. Said chapter is further amended by revising Article 6, relating to the Georgia Capital Defender, as follows: "ARTICLE 6 17-12-120. As used in this article, the term 'office' means the Office of the Georgia Capital Defender created by this article. 17-12-121. There is created the Office of the Georgia Capital Defender to undertake the defense of all indigent persons charged with a capital felony for which the death penalty is being sought in any court in this state and to be the successor to the office of the multicounty public defender. The office shall serve all counties of this state. 17-12-122. The Office of the Georgia Capital Defender shall be a legal entity, shall have perpetual existence, may contract, may own property, may accept funds, grants, and gifts from any public or private source, which funds shall be used to defray the expenses incident to implementing its purposes, and may establish a principal office. 17-12-123. The council shall be responsible for management of the office. Managerial duties shall include, but not be limited to, the following: (1) Appointing the capital defender; (2) Establishing the salaries of the capital defender and the offices staff; (3) Approving the level of staffing and establishing policy consistent with the intent of this article; and 5030 JOURNAL OF THE SENATE (4) Preparing an annual budget for the office, administering the funds made available to the office, and overseeing the expenditure of such funds. 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. 17-12-125. The capital defender shall be appointed by and shall serve at the pleasure of the council. The capital defender must have been licensed to practice law in this state for at least five years and must be competent to counsel and defend a person charged with a capital felony. The salary of the capital defender shall be established by the council. 17-12-126. (a) The capital defender shall employ, with the advice and consent of the council and in the manner and at the compensation prescribed by the council, as many assistant attorneys, clerks, investigators, paraprofessionals, administrative assistants, and other persons as may be necessary for carrying out his or her responsibilities under this article. A person employed under this Code section serves at the pleasure of the capital defender. (b) No person may be assigned the primary responsibility of representing an indigent person accused of a capital offense for which the death penalty is sought unless the person is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a capital felony. 17-12-127. (a) Whenever any person accused of a capital felony for which the death penalty is being sought has been determined to be indigent, as provided in Article 2 of this chapter, the court in which the charges are pending shall notify the office, and the office shall assume the defense of the person if there is no conflict of interest. (b) If for any reason the office is unable to defend any indigent person accused of a capital felony for which the death penalty is being sought, the presiding judge of the superior court in which the case is pending shall appoint counsel to represent the defendant. A maximum of two attorneys shall be paid by the council at an hourly rate established by the council with state funds appropriated to the council for use by the office. The council with the assistance of the office shall establish guidelines for attorneys fees and expense requests. A county governing authority may provide supplemental compensation to appointed counsel. The presiding judge may appoint not more than one additional attorney to represent the defendant; provided, however, that FRIDAY, APRIL 4, 2008 5031 such attorney shall be paid by the county governing authority with county funds at a rate established by the council. (c) The office or appointed counsels defense of a defendant shall include all proceedings in the trial court and any appeals to the Supreme Court of Georgia. Neither the office nor appointed counsel shall assist with any petition for a writ of habeas corpus in federal court. 17-12-127.1. On and after January 1, 2005, any attorney appointed pursuant to Article 5 of this chapter shall continue to represent a defendant under this article and shall be paid for services pursuant to this article. 17-12-128. This article shall become effective on January 1, 2005." SECTION 43. This Act shall become effective on July 1, 2008; provided, however, that for purposes of the appointment of the councilmembers and circuit public defender supervisory panel members, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 44. 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 on HB 1245. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown Y Bulloch Y Butler C Carter C Chance Y Chapman Y Cowsert Y Davenport Y Douglas N Fort Goggans Golden Y Heath E Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy N Orrock Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner N Tarver N Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson 5032 JOURNAL OF THE SENATE Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Pearson Y Powell N Ramsey Y Reed Rogers Y Unterman Weber Y Wiles Y Williams On the motion, the yeas were 40, nays 7; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1245. Senator Adelman of the 42nd was excused for business outside the Senate Chamber. The following bill was taken up to consider the Conference Committee Report thereto: HB 1280. By Representatives Stephens of the 164th, Bearden of the 68th, Shaw of the 176th, Roberts of the 154th and May of the 111th: 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 state licensing of regional economic assistance projects to sell certain alcoholic beverages; to provide requirements and conditions of such license; to provide for powers, duties, and authority of the state revenue commissioner; to amend Article 8 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to encouragement of state agencies to give certified projects priority in licensing and processing grants and authorization for sale of alcoholic beverages, so as to move the provisions relating to the sales of certain alcoholic beverages by regional economic assistance projects to Title 3 of the Official Code of Georgia Annotated; 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 1280 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1280 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Unterman of the 45th /s/ Senator Shafer of the 48th /s/ Senator Mullis of the 53rd /s/ Representative Stephens of the 164th /s/ Representative Reese of the 98th /s/ Representative Shaw of the 176th FRIDAY, APRIL 4, 2008 5033 COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1280 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 state licensing of regional economic assistance projects to sell certain alcoholic beverages; to provide requirements and conditions of such license; to provide for powers, duties, and authority of the state revenue commissioner; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for additional assistance by the Department of Community Affairs relating to regional economic assistance projects; to provide for certain adjacent facilities to satisfy certain designation criteria; to move the provisions relating to the sales of certain alcoholic beverages by regional economic assistance projects to Title 3 of the Official Code of Georgia Annotated; 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 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by adding a new chapter to read as follows: "CHAPTER 13 3-13-1. As used in this chapter, the term: (1) 'Alcoholic beverages for consumption on premises' shall mean malt beverages, wine, or distilled spirits by the drink for consumption on the premises only. (2) 'Licensee' shall mean the developer, owner, or operator of the REAP or the developer, owner, or operator of or any certified project or facility located in a REAP to whom a state retail consumption dealer license is issued. (3) 'Regional Economic Assistance Project' or 'REAP' shall have the same meaning as in Code Section 50-8-190 and shall specifically include any certified project or facility located in a REAP. 3-13-2. (a) A REAP shall be authorized to sell alcoholic beverages for consumption on premises on days and at times authorized in any jurisdiction within this state for the sale of alcoholic beverages, upon obtaining state license from the commissioner for the sale of alcoholic beverages. (b) Prior to the issuance of a state license, the applicant shall obtain a license for the sale of alcoholic beverages from the local governing authority of any county or municipal corporation in which the REAP of developer, owner, or operator to be issued a state license is wholly or partially located; provided, however, that if said local 5034 JOURNAL OF THE SENATE governing authority is not authorized by ordinance or resolution to issue licenses for the sale of alcoholic beverages for consumption on premises, then no local license shall be required. If the local governing authority authorizes the issuance of licenses for the sale of alcoholic beverages for consumption on premises by resolution or ordinance after a state license has been issued or renewed, the licensee shall have 60 days after such an ordinance or resolution is passed to obtain the local license. If the applicant or licensee fails to obtain such local license, the applicant shall be denied a state license or the state license shall be subject to suspension or revocation by the commissioner. (c) A state license issued pursuant to this chapter shall entitle the licensee the right to sell alcoholic beverages for consumption on premises on days and at times authorized in any jurisdiction within this state for the sale of alcoholic beverages, regardless of what local ordinance or regulations may be in effect in any jurisdiction in which the REAP is wholly or partially located. The sale of alcoholic beverages for consumption on premises by a licensee on days and at times authorized by subsection (a) of this Code section which differ from those days and times permitted under a licensees local license shall not constitute lawful grounds for the denial, revocation, suspension, or nonrenewal of said local license by the local governing authority. (d) A state license issued pursuant to this chapter shall entitle the licensee the right to sell alcoholic beverages for consumption on premises anywhere within the REAP. 3-13-3. A local government shall be authorized to levy and collect any local taxes on any sale of alcoholic beverages made within its jurisdiction by a licensee as are otherwise authorized by law. 3-13-4. The commissioner may promulgate such reasonable rules and regulations as are necessary and appropriate to regulate the issuance of state retail consumption dealer licenses to developers, owners, or operators of a REAP and the developers, owners, or operators of any certified project or facility located in a REAP and to enforce the provisions of this chapter." SECTION 2. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by revising subsection (b) of Code Section 50-8-7, relating to the planning and technical assistance activities and information gathering and distributing, by adding a new paragraph (2.1) to read as follows: "(2.1) The department may assist any local government or local authority owning or operating a facility for convention and trade show purposes or any other similar or related purposes in identifying and promoting regional economic assistance projects within their respective jurisdictions, and such facility, if the subject of a reciprocal use agreement, shall be an adjacent facility satisfying the criteria of paragraph (1) of FRIDAY, APRIL 4, 2008 5035 subsection (c) of Code Section 50-8-191." SECTION 3. Said chapter is further amended by revising Code Section 50-8-193, relating to encouragement of state agencies to give certified projects priority in licensing and processing grants and authorization for sale of alcoholic beverages, as follows: "50-8-193. (a) The Department of Community Affairs shall certify that a project has received a certificate of compliance as a REAP to the Department of Natural Resources; the Department of Economic Development; the Department of Transportation; the Department of Revenue; the Department of Labor; the Georgia Environmental Facilities Authority; and any other state department, agency, or instrumentality which requests such certification. All state agencies, departments, and instrumentalities are encouraged to give priority in their permitting and licensing and in the processing of grants and loans to local governments for projects which have received a certification. (b) Where authorized by local ordinance or resolution, a certified project or facility located in a certified project shall be authorized to make sales of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only, upon obtaining a license from the appropriate local authority and the state revenue commissioner. Where all of such sales at all times authorized in any other jurisdiction are not authorized by local ordinance or resolution, a certification of compliance as a REAP shall authorize the state revenue commissioner to issue a state license for the sale of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only which are not authorized by local ordinance or resolution to the developer, owner, or operator of a certified project or facility located in a certified project, upon the payment of taxes and fees and, except as provided in this article, compliance with the provisions of Title 3 and Department of Revenue regulations; provided, however, that notwithstanding any contrary provision of Title 3, such a licensee shall not be required to obtain a license from the local government until such time as such sales are authorized by local ordinance or resolution. Further, such a license for the sale of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only may only be issued to such a developer, owner, or operator of a certified project or facility located in a certified project which is located wholly or partially in a municipal corporation or county in which the sale of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only for which such license is sought is not otherwise authorized by local ordinance or resolution. Any license issued to a certified project or facility located in a certified project shall include the right to sell at all times otherwise authorized in any other jurisdiction in this state malt beverages, wine, or distilled spirits for consumption on the premises only. (c) The local government or governments encompassing the facility or facilities for which a state license for the sale of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only is issued pursuant to this Code section, 5036 JOURNAL OF THE SENATE with or without the issuance of a local license, is authorized to levy and collect any local taxes on such alcoholic beverages as are otherwise authorized by law." SECTION 4. 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 on HB 1280. On the motion, a roll call was taken, and the vote was as follows: C Adelman Y Balfour N Brown Y Bulloch N Butler C Carter C Chance N Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins N Heath E Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens N Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock N Pearson Y Powell Y Ramsey Reed Rogers N Schaefer Y Seabaugh Y Seay Y Shafer,D N Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Thompson,C Thompson,S Y Tolleson Y Unterman Y Weber N Wiles Y Williams On the motion, the yeas were 36, nays 10; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1280. Senator Staton of the 18th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: HB 1220. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Code Section 40-2-78 of the Official Code of Georgia Annotated, relating to a special license plate for firefighters, so as to provide that such license plates may be retained by the firefighters FRIDAY, APRIL 4, 2008 5037 spouse upon the death of the firefighter; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Mullis of the 53rd moved that the Senate recede from its disagreement and agree to the House amendment to the Senate substitute to HB 1220. On the motion, a roll call was taken and the vote was as follows: C Adelman Y Balfour Y Brown Y Bulloch Y Butler C Carter C Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath E Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith E Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate receded from its disagreement and agreed to the House amendment to the Senate substitute to HB 1220. The following Senators were excused for business outside the Senate Chamber: Seabaugh of the 28th Tolleson of the 20th The following bill was taken up to consider the Conference Committee Report thereto: HB 958. By Representatives Rice of the 51st, Lindsey of the 54th, Mumford of the 95th, Coleman of the 97th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in 5038 JOURNAL OF THE SENATE magistrate court, so as to clarify the appeal procedure for certain judgments; to provide for additional information in statements of claim; to revise the procedures for applying to vacate a judgment; to revise the requirements for use of postjudgment interrogatories; 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 958 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 958 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Smith of the 52nd /s/ Senator Wiles of the 37th /s/ Senator Cowsert of the 46th /s/ Representative Willard of the 49th /s/ Representative Rice of the 51st /s/ Representative Lindsey of the 54th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 958 A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to clarify the appeal procedure for certain judgments; to provide for additional information in statements of claim; to change provisions relating to default judgments; to revise the procedures for applying to vacate a judgment; to revise the requirements for use of postjudgment interrogatories; 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 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, is amended by revising paragraph (2) of subsection (b) of Code Section 15-10-41, relating to no jury trials in magistrate court, as follows: "(2) No appeal shall lie from a default judgment or from a dismissal for want of prosecution after a nonappearance of a plaintiff for trial. Any voluntary dismissal by the plaintiff or by order of the court for want of prosecution shall be without prejudice except that the filing of a second such dismissal shall operate as an adjudication upon the merits. Review, including review of a denial of a postjudgment motion to vacate a FRIDAY, APRIL 4, 2008 5039 judgment, shall be by certiorari to the state court of that county or to the superior court of that county." SECTION 2. Said article is further amended by revising subsections (a) and (g) and paragraph (1) of subsection (e) of Code Section 15-10-43, relating to statement of claim, service of process, and default judgments, as follows: "(a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his or her agent shall sign and verify the statement of claim by oath or affirmation. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action. The statement of claim shall include a brief statement of the claim giving the defendant reasonable notice of the basis for each claim contained in the statement of claim and the address at which the plaintiff desires to receive the notice of hearing." "(e)(1) When a hearing is scheduled pursuant to subsection (c) of this Code section, upon failure of the defendant to appear for the hearing, the plaintiff shall be entitled to have the defendants answer stricken and a default judgment entered; provided, however, that no default judgment shall be granted if the defendant appears at trial through counsel. If the claim is for liquidated damages, the plaintiff shall be entitled to take a judgment in the amount set forth in the complaint without further proof. If the claim is for unliquidated damages, the plaintiff shall proceed to prove his or her damages and take judgment in an amount determined by the judge." "(g) Notwithstanding the provisions of Code Section 15-10-42, the magistrate court may grant relief from a judgment under the same circumstances as the state court may grant such relief. Requests for relief from judgments pursuant to this Code section in the magistrate court shall be by filing a new action pursuant to this Code section written motion which sets forth the issues with reasonable specificity. The procedure shall then be the same as in other cases except the court may assess costs as seem just." SECTION 3. Said article is further amended by revising subsection (c) of Code Section 15-10-45, relating to compulsory and permissive counterclaims, as follows: "(c) If any defendant asserts a claim against the plaintiff, the defendant shall file with the court a statement of the claim in concise form and free from technicalities. The defendants claim shall give the plaintiff reasonable notice of the basis for each claim contained in the statement of claim. The defendant shall sign and verify the statement of claim by oath or affirmation. At the request of a defendant, the judge or clerk may prepare the statement." SECTION 4. Said article is further amended by revising Code Section 15-10-48, relating to form of statement of claim, verification, and notice, as follows: 5040 JOURNAL OF THE SENATE "15-10-48. The statement of claim, verification, and notice shall be in substantially the following form: Magistrate Court of __________ County State of Georgia ______________ Plaintiff ______________ Address v. ______________ Defendant Statement of Claim (Here the plaintiff or, at his or her request, the court will insert a brief statement of the plaintiffs claim or claims giving the defendant reasonable notice of the basis for each claim and, if the action is on a contract, either express or implied, the original statement of the plaintiffs claim which is to be filed with the court may be verified by the plaintiff or his or her agent as follows:) STATE OF GEORGIA COUNTY OF __________ _______________________, being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just grounds of defense. Sworn and subscribed before me this ______ day of ______________, ____. ______________ Plaintiff or agent ______________ Notary public or attesting official TO: ______________ Defendant Notice ______________ Home Address FRIDAY, APRIL 4, 2008 5041 or ______________ Business Address You are hereby notified that _______________________ has made a claim and is requesting judgment against you in the sum of ________ dollars ($______), as shown by the foregoing statement. The court will hold a hearing upon this claim at (address of court) at a time to be set after your answer is filed. YOU ARE REQUIRED TO FILE OR PRESENT AN ANSWER TO THIS CLAIM WITHIN 30 DAYS AFTER SERVICE OF THIS CLAIM UPON YOU. IF YOU DO NOT ANSWER, JUDGMENT BY DEFAULT WILL BE ENTERED AGAINST YOU. YOUR ANSWER MAY BE FILED IN WRITING OR MAY BE GIVEN ORALLY TO THE JUDGE. If you have witnesses, books, receipts, or other writings bearing on this claim, you should bring them with you at the time of hearing. If you wish to have witnesses summoned, see the court at once for assistance. If you have any claim against the plaintiff, you should notify the court at once. If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court. You may come with or without an attorney. ______________ Magistrate of ______ County" SECTION 5. Said article is further amended by revising subsections (b), (c), and (g) of Code Section 15-10-50, relating to propounding of interrogatories to judgment debtor, as follows: "(b) If the judgment or execution concerning which interrogatories are being propounded was issued by the magistrate court the judgment creditor may, within 30 days after the entry of judgment, file the form interrogatories specified in this Code section with the clerk of the same magistrate court, along with costs of $10.00. Interrogatories filed under this subsection shall be served upon the judgment debtor by certified mail or statutory overnight delivery. (c) Interrogatories propounded pursuant to a judgment entered more than 30 days previously or entered in any other court shall be filed as a new civil action and shall be accompanied by the filing and service fees required for civil actions in that magistrate court. Interrogatories propounded under this subsection shall be served upon the judgment debtor in the manner provided for service of process in civil actions in magistrate court." "(g) Notwithstanding the provisions of Code Section 15-10-42, in any case involving writs and judgments in dispossessory or distress warrant proceedings under paragraph (6) of Code Section 15-10-2 in which the judgment exceeds the amount of $5,000.00, the judgment creditor or a successor in interest when that interest appears of record may, in addition to any other process or remedy provided by law, utilize the discovery provisions set forth in Code Section 9-11-69." 5042 JOURNAL OF THE SENATE SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senator Cowsert of the 46th moved that the Senate adopt the Conference Committee Report on HB 958. On the motion, a roll call was taken, and the vote was as follows: C Adelman Y Balfour Brown Y Bulloch Y Butler C Carter C Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones Y Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Rogers Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith E Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman Weber Y Wiles Williams On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 958. 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 406. By Senators Hamrick of the 30th, Mullis of the 53rd, Rogers of the 21st and Reed of the 35th: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 16 of FRIDAY, APRIL 4, 2008 5043 the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as to increase penalties for reproducing, transferring, selling, distributing, or circulating certain recorded material; to provide for forfeiture of certain items; to provide for additional restitution as it relates to violations of Code Section 16-8-60, relating to reproduction of recorded material, transfer, sale, distribution, and circulation; to provide for related matters; to repeal conflicting laws; and for other purposes. Mr. President: The House insists on its position in amending the Senate substitute, and has appointed a 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: HB 544. By Representatives Hembree of the 67th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 33-50-2 of the Official Code of Georgia Annotated, relating to a required license for any multiple employer self-insured health plan to transact business in this state and health plans of municipalities, counties, or other political subdivisions, so as to provide that any plan or arrangement established or maintained by two or more accredited independent nonproprietary institutions of higher education located in this state is not subject to the requirements relating to multiple employer self-insured health plans; to provide for related matters; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Hembree of the 67th, Knox of the 24th, and Maxwell of the 17th. Mr. President: The House has adopted, by substitute, by the requisite constitutional majority the following Resolution of the Senate: SR 445. By Senators Unterman of the 45th, Reed of the 35th, Johnson of the 1st and Orrock of the 36th: A RESOLUTION creating the Joint Commercial Sexual Exploitation of Minors Study Commission; to provide for the membership, powers, duties, and mission of the commission; to provide for related matters; and for other purposes. 5044 JOURNAL OF THE SENATE Mr. President: The House has adopted, by substitute, by the requisite constitutional majority the following Resolution of the Senate: SR 996. By Senators Weber of the 40th, Reed of the 35th, Thompson of the 5th, Balfour of the 9th, Moody of the 56th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize community redevelopment and authorize counties, municipalities, and local boards of education to use tax funds for redevelopment purposes and programs, including the payment of debt service on tax allocation bonds; to provide for submission of this amendment for ratification or rejection; and for other purposes. Mr. President: The House insists on its position in disagreeing to the Senate amendment to the House substitute to the following Bill of the Senate: SB 382. By Senators Heath of the 31st and Tolleson of the 20th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing, so as to change certain provisions relating to game and fish license, permit, tag, and stamp fees; to provide effective dates; to repeal conflicting laws; and for other purposes. The House has disagreed to the Senate amendment to the House substitute to the following Bill of the Senate: SB 340. By Senators Pearson of the 51st, Rogers of the 21st, Johnson of the 1st, Williams of the 19th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to prohibit sanctuary policies by local governmental entities; 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 FRIDAY, APRIL 4, 2008 5045 Senate on the following Bill of the House: HB 1035. By Representatives Smith of the 129th, Sheldon of the 105th, Floyd of the 147th, Rogers of the 26th, May of the 111th 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 motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; 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 Smith of the 129th, Sheldon of the 105th, and Smyre of the 132nd. Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 342. By Senators Pearson of the 51st, Tolleson of the 20th, Johnson of the 1st, Williams of the 19th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Code Section 2-6-27 of the O.C.G.A., relating to additional powers and duties of the State Soil and Water Conservation Commission, so as to change certain provisions relating to additional powers and duties of the State Soil and Water Conservation Commission; to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to change certain provisions relating to powers of the Environmental Protection Division with respect to federal acts and receipt and expenditure of federal and state appropriations; to provide for issuance of permits, certifications, and other documents relating to construction of new public water supply reservoirs by local government entities; to provide a short title; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following resolution was read and adopted: SR 1310. By Senators Brown of the 26th, Butler of the 55th, Powell of the 23rd, Harbison of the 15th, Ramsey, Sr. of the 43rd and others: A RESOLUTION commending and thanking Senator Michael S. Meyer von Bremen for his many years of distinguished public service and conveying to 5046 JOURNAL OF THE SENATE him the best wishes of the Georgia State Senate; and for other purposes. Senator Hooks of the 14th recognized Senator Michael Meyer von Bremen, commended by SR 1310. Senator Michael Meyer von Bremen addressed the Senate briefly. The following bill was taken up to consider House action thereto: HB 1221. By Representatives Maxwell of the 17th, Keen of the 179th, Rogers of the 26th and Meadows of the 5th: A BILL to be entitled an Act to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to consent of an insured to an insurance contract and exceptions, so as to change the minimum number of employees required to be covered under an insurance contract or contracts held by a corporation or trustee; to provided for 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 1221 (LC 33 2654S) by striking line 1 on page 1 through line 20 on page 9 and inserting in lieu thereof the following: To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide in the event of a dispute or complaint arising involving material not in English, the English version of the material shall control the resolution of the dispute or complaint; to change the minimum number of employees required to be covered under an insurance contract or contracts held by a corporation or trustee; to provided for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding Code Section 33-1-19 to read as follows: "33-1-19. In the event of a dispute or complaint wherein an insurer provided any material in a language other than English, the English language version of the policy as defined in paragraph (1) of Code Section 33-24-1 shall control the resolution of the dispute or complaint." SECTION 2. Said title is further amended by revising paragraph (5) of subsection (a) of Code Section 33-24-6, relating to consent of an insured to an insurance contract and exceptions, as follows: "(5) A corporation not described in paragraph (4) of this subsection may effectuate FRIDAY, APRIL 4, 2008 5047 insurance upon its employees in whom it has an insurable interest, and a trustee of a trust established by a corporation providing life, health, disability, retirement, or similar benefits may effectuate insurance upon employees for whom such benefits are to be provided, if the insurance contract or contracts held by the such corporation or the trustee cover at least 100 two employees. For purposes of this paragraph, any employee of a group of corporations consisting of a parent corporation and its directly or indirectly owned subsidiaries shall be considered to be an employee of each corporation within the that group; or" SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Murphy of the 27th asked unanimous consent that the Senate disagree to the House amendment to the Senate substitute to HB 1221. The consent was granted, and the Senate disagreed to the House amendment to the Senate substitute to HB 1221. 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 750 Do Pass Respectfully submitted, Senator Wiles of the 37th District, Chairman The following Senators were excused for business outside the Senate Chamber: Balfour of the 9th Smith of the 52nd 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 Friday, April 4, 2008 Fortieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) 5048 JOURNAL OF THE SENATE HB 750 Hooks of the 14th SUMTER COUNTY A BILL to be entitled an Act to provide that future elections for the office of judge of the probate court of Sumter County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; 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 C Balfour Y Brown Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones Y Me V Bremen Y Moody Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Rogers Y Schaefer C Seabaugh Y Seay Y Shafer,D C Smith E Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Thompson,S E Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the local legislation, the yeas were 45, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Chance of the 16th Hooks of the 14th Meyer von Bremen of the 12th FRIDAY, APRIL 4, 2008 5049 The following bill was taken up to consider the Conference Committee Report thereto: HB 1209. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Cole of the 125th, Maxwell of the 17th 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 that a local school system may enter into a contract with the State Board of Education for increased flexibility in exchange for increased accountability; to provide that a local school system can opt for the status quo; to provide for the development of a three-year strategic plan; to change certain provisions relating to waivers to improve student performance; 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 1209 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1209 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Weber of the 40th /s/ Senator Moody of the 56th Senator Johnson of the 1st /s/ Representative Coleman of the 97th /s/ Representative Dickson of the 6th /s/ Representative Maxwell of the 17th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1209 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 that a local school system may enter into a contract with the State Board of Education for increased flexibility; to provide for a local school system to remain under current requirements; to provide for public input; to provide for strategic plans; to provide for submission of a proposed contract; to provide for negotiations; to provide for contract requirements; to provide for accountability, flexibility, and consequences components of the contract; to provide for certain laws which may be waived; to provide for loss of governance consequences; to provide for duties of the Office of Student Achievement; to provide for implementation; 5050 JOURNAL OF THE SENATE to provide for other funding options; to provide for exceptions for charter systems; to provide for rules, regulations, and guidelines; to change certain provisions relating to appointment of local school superintendents; to change certain provisions relating to waivers to improve student performance; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding a new Article 4, which is reserved, to read as follows: "ARTICLE 4 20-2-80. (a) A local school system may request increased flexibility from certain state laws, rules, and regulations in exchange for increased accountability and defined consequences through a contract with the State Board of Education. Such contract shall establish a framework of accountability, flexibility, and consequences in accordance with this article. (b) A local school system may elect not to request increased flexibility in exchange for increased accountability and defined consequences and opt to remain under all current laws, rules, regulations, policies, and procedures, and such local school system shall: (1) Conduct a public hearing for the purpose of providing public notice that such local school system is opting for the status quo. The public hearing shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised; and (2) Sign a statement on a form provided by the state board that such local school system is opting for the status quo. 20-2-81. (a) Each local school system which elects to request increased flexibility pursuant to this article shall develop a five-year strategic plan which sets out the school systems vision and mission for improving the performance of its schools and shall clearly delineate in a proposed contract the following for measuring the improvement and performance of its schools: (1) Current performance data, grade levels, and demographic data for each school within the school system; (2) Performance goals for each school, including both improvement and achievement; and (3) Performance measures and benchmarks for each school for evaluating improvement and achievement and monitoring progress toward yearly performance goals. FRIDAY, APRIL 4, 2008 5051 (b) The proposed strategic plan shall incorporate, to the extent practicable, school improvement plans in effect for schools in the local school system. (c) The department shall provide an electronic template accessible through the Internet for local school systems to input their proposed contracts. The template shall be designed to include the information contained in subsection (a) of this Code section. (d) Prior to the submission of a proposed contract to the department, a local board of education shall schedule and hold a public hearing for the purpose of providing an opportunity for full discussion and public input on the strategic plan and proposed contract, including formal, written comments or suggestions regarding the local school systems flexibility requests and performance goals and their impact on each school. The public hearing shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised. (e) The local school system shall submit the proposed contract to the department in accordance with time frames established by the department. 20-2-82. (a) The local board of education and the department shall enter into negotiations on the appropriate terms of the contract, including the accountability, flexibility, and consequences components of the contract in accordance with Code Section 20-2-84, in consultation with the Office of Student Achievement. The accountability, flexibility, and consequences components may vary between schools and clusters. (b) The flexibility requested by a local school system pursuant to subsection (b) of Code Section 20-2-84 shall result in consequences in accordance with subsection (c) of Code Section 20-2-84 and Code Section 20-2-84.1 for noncompliance with the accountability requirements established pursuant to subsection (a) of Code Section 202-84. (c) The department, in consultation with the Office of Student Achievement, shall make a recommendation to the state board on whether the proposed terms of the contract should be approved by the state board. (d)(1) The state board shall have the authority to approve or deny approval of the proposed terms of the contract but shall give all due consideration to the recommendation and input from the Office of Student Achievement. (2) In the event that the state board denies approval of the proposed terms of the contract, the local board of education shall work with the department, in consultation with the Office of Student Achievement, for further revisions and resubmission to the state board. (e) The state board shall be authorized to approve a waiver or variance request of specifically identified state rules, regulations, policies, and procedures or provisions of this chapter upon the inclusion of such request in the local school systems proposed contract and in accordance with subsection (b) of Code Section 20-2-84. The goal for each waiver and variance shall be improvement of student performance. The state board shall not be authorized to waive or approve variances on any federal, state, and 5052 JOURNAL OF THE SENATE local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title. A local school system that has received a waiver or variance shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request. 20-2-83. (a) Upon approval of a proposed contract of a local school system which has requested flexibility, the state board shall enter into such contract with the local board of education. (b) The terms of the contract shall include, but not be limited to, accountability, flexibility, and consequences components as negotiated pursuant to subsection (a) of Code Section 20-2-82 and in accordance with Code Section 20-2-84. (c) Each contract shall be for a term of five years. The terms of the contract may provide for automatic extension of such contract if a local school system has met its accountability requirements. (d) The terms of a contract may be amended during the term of the contract only if warranted due to unforeseen circumstances and upon approval of the state board and the local board of education. 20-2-84. (a) The accountability component of the contract provided in Code Section 20-2-83 shall include at least one of the student achievement measures in paragraphs (1) through (4) of this subsection, including both total scores and any needed targeted subgroups: (1) High school graduation rates; (2) SAT or ACT performance; (3) State standardized test data, which may include criterion-referenced competency tests, the Georgia High School Graduation Test, end-of-course assessments, or a combination thereof; (4) Advanced placement or international baccalaureate participation and performance; and (5) Any other accountability measures included pursuant to Part 3 of Article 2 of Chapter 14 of this title. (b) The flexibility component of the contract provided in Code Section 20-2-83 shall include the waiver or variance of at least one of the areas in paragraphs (1) through (4) of this subsection as requested by the local school system: (1) Class size requirements in Code Section 20-2-182; (2) Expenditure controls in Code Section 20-2-171 and categorical allotment requirements in Article 6 of this chapter; FRIDAY, APRIL 4, 2008 5053 (3) Certification requirements in Code Section 20-2-200; (4) Salary schedule requirements in Code Section 20-2-212; and (5) Any other requirements or provisions of this chapter as identified by the local school system and approved by the state board except as provided in subsection (e) of Code Section 20-2-82. (c) The consequences component of the contract provided in Code Section 20-2-83 shall include: (1) Interventions or sanctions for failure to meet identified levels of achievement or for not showing specified levels of progress pursuant to Code Section 20-14-41, which may be accelerated; and (2) Loss of governance of one or more nonperforming schools by the local school system in accordance with Code Section 20-2-84.1. Consequences shall be incurred upon noncompliance of a local school system with the accountability component of its contract; provided, however, that if a local school system has been in compliance with the accountability component of its contract for at least three consecutive years, consequences shall not be invoked upon the fifth year of the contract, and such school system may request an extension of its contract and corresponding flexibility from the state board. The schedule of interventions or sanctions, including loss of governance, for failure to meet identified levels of achievement or specified levels of progress shall be mutually agreed upon in the contract. If the Office of Student Achievement recommends to the state board that loss of governance not be included in a contract with respect to a high performing school, the contract may provide alternate terms with respect to that school. 20-2-84.1. (a) The State Board of Education shall, as provided for in the contract entered into with a local school system pursuant to Code Section 20-2-83, mandate the loss of governance of one or more of its nonperforming schools as a consequence of failure pursuant to paragraph (2) of subsection (c) of Code Section 20-2-84. Such loss of governance may include, but shall not be limited to: (1) Conversion of a school to charter status with independent school level governance and a governance board with strong parental involvement; (2) Operation of a school by a successful school system, as defined by the Office of Student Achievement, and pursuant to funding criteria established by the state board; or (3) Operation of a school by a private entity, nonprofit or for profit, pursuant to a request for proposals issued by the department. (b) Loss of governance shall be invoked upon the fifth year of the contract if the school system is in noncompliance as set out in the terms of the contract. 20-2-84.2. (a) The Office of Student Achievement shall revise the single state-wide accountability system established pursuant to paragraph (1) of subsection (a) of Code Section 20-14- 5054 JOURNAL OF THE SENATE 26 for submission to the state board for approval to integrate the requirements of this article, to the greatest extent practicable, including, but not limited to, the loss of governance consequences provided for in Code Section 20-2-84.1. (b) The Office of Student Achievement shall monitor each local school systems progress toward meeting its performance goals in its contract and shall the notify the department if a local school system is not in compliance with such performance goals. The department shall provide support and guidance to school systems not meeting their yearly progress goals. 20-2-84.3. (a) No more than five local school systems in the first calendar year may enter into a contract with the State Board of Education pursuant to this article. (b) No later than June 30, 2013, each local school system shall either notify the department of its intention to request increased flexibility pursuant to this article or shall comply with subsection (b) of Code Section 20-2-80. 20-2-84.4. The department may offer other funding options for local school systems which choose to enter into a contract pursuant to this article and may also offer other funding options for charter systems. 20-2-84.5. Except as otherwise provided in Code Section 20-2-84.4, this article shall not apply to a local school system which has become a charter system pursuant to Code Section 20-22063.2 or which is in the process of applying to become a charter system. 20-2-84.6. The State Board of Education shall be authorized to establish rules, regulations, and guidelines to effect the implementation of this article." SECTION 2. Said chapter is further amended by revising Code Section 20-2-101, relating to appointment of local school superintendents, as follows: "20-2-101. (a) Superintendents of each school system shall be employed by the local board of education under written contracts for a term of not less than one year and not more than three years. Any provision of any such contract which provides for an extension of the duration of employment thereunder, whether automatic or contingent upon the occurrence of one or more events, shall be void if that extension would result in employment under the contract, as so extended, for a period which exceeds three years. Those provisions of any local Act which authorize employment contracts with a school superintendent which are of a duration which exceeds that authorized by this subsection, which local Act became effective before, at the time of, or after April 15, 1993, are repealed. Any contract entered into pursuant to the provisions of a local Act FRIDAY, APRIL 4, 2008 5055 repealed by the terms of the preceding sentence of this subsection shall not be affected by such repeal for the duration of that contract as specified immediately before April 15, 1993, as long as that contract was valid at such time. (b) No person shall be eligible to be appointed or employed as superintendent of schools of any county or independent school system unless such person is of good moral character, has never been convicted of any crime involving moral turpitude, and possesses acceptable business or management experience as specified by the Professional Standards Commission or the minimum valid certificate or a letter of eligibility for said certificate required by the Professional Standards Commission. (c) Superintendents shall have such additional qualifications as may be prescribed by local law or policies of the local board for that school district, not inconsistent with the provisions of this chapter. (d) This Code section shall not apply to any elected school superintendent in office on January 1, 1993, during the term of office for which that person was elected. (e) At any time during the 12 months immediately preceding the expiration of an appointed or elected school superintendents contract or term of office, or when a vacancy in the office of school superintendent occurs, the local board may appoint and employ a successor in accordance with the above provisions of this Code section, notwithstanding that the terms of some or all of the board members will expire before the employment of the superintendent so appointed and employed begins. Where a local board of education decides to appoint and employ the incumbent elected superintendent of the school district as the superintendent for a term beginning during 1996 or thereafter, or to renew the contract of any appointed superintendent, the board shall not be required to comply with the notice and announcement provisions of subsection (d) of Code Section 20-2-211 or any local policy adopted pursuant thereto. (e) A local school superintendent may concurrently serve as a principal, teacher, or in another staff position as directed by the local board in its sole discretion and in accordance with the terms of the contract between the superintendent and the local board. A local school superintendent may also serve concurrently as superintendent of one or more local school systems in accordance with the terms of his or her respective contracts and upon approval by each affected local school system. (f) No substantive or procedural right regarding employment or termination of employment of a superintendent by a local school system shall be created by this Code section. Rather, the terms and conditions of employment of a school superintendent by a local school system shall be determined exclusively by the contract between those parties and may include, without being limited to, the conditions under and procedures by which that contract may be terminated prior to the end of the term of that contract." SECTION 3. Said chapter is further amended by revising Code Section 20-2-244, relating to waivers to improve student performance, as follows: "20-2-244. (a) The State Board of Education is authorized to waive specifically identified state 5056 JOURNAL OF THE SENATE rules, regulations, policies, and procedures, or provisions of this chapter, upon the request of a local school board and in accordance with this Code section. The goal for each waiver shall be improvement of student performance. (b) The State Board of Education is not authorized to waive any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title. A school or school system that has received a waiver shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request. (c) The provisions of this Code section shall not apply to charter schools. (d) The board shall require a written application for a waiver that shall include, as at a minimum: (1) Identification of the specific state rules, regulations, policies, and procedures, or provisions of this chapter that are requested for waiver; (2) A description of the policies and procedures the school or school system shall substitute for the waived state rules, regulations, policies, and procedures, or provisions; (3) A description of how the proposed waiver will improve student performance; (4) A description of the students who will be affected by the proposed waiver, including their estimated number, current performance, grade level, and any common demographic traits; (5) A list of schools by name that will be affected by the proposed waiver, and a description of each school, including current performance, grade levels, and demographic traits of the students of each such school; (6) Methods for collection of data, and for measuring and evaluating any change in student performance resulting from the proposed waiver; (7) The period of time for which the proposed waiver is requested and the proposed starting date; and (8) A resolution from the local school board approving the waiver request. (e) The State Board of Education may grant or deny a waiver request, or grant a waiver request subject to specified modifications in the waiver request. (f) A waiver may be granted in accordance with this Code section for any period of time not to exceed five years. The State Board of Education shall require reports regarding the effect of the waiver at least annually, and may require more frequent reports if necessary to monitor the effect of the waiver effectively. The State Board of Education shall report annually to the General Assembly regarding the waivers granted, the effect of each waiver, and any recommendations for legislative changes generated by successful waivers. (g) On and after July 1, 2008, the State Board of Education shall not authorize any FRIDAY, APRIL 4, 2008 5057 waivers or variances pursuant to this Code section to any local school system for the following: (1) Class size requirements in Code Section 20-2-182; provided, however, that the state board shall be authorized to waive class size requirements pursuant to this Code section on and after July 1, 2008, in the event that a local school system can demonstrate a hardship pursuant to a waiver request; (2) Expenditure controls in Code Section 20-2-171 and categorical allotment requirements in Article 6 of this chapter; (3) Certification requirements in Code Section 20-2-200; or (4) Salary schedule requirements in Code Section 20-2-212. A local school system which has received a waiver or variance pursuant to this Code section prior to entering into a contract pursuant to Article 4 of this chapter shall be required to include such waiver or variance in such contract." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Weber of the 40th moved that the Senate adopt the Conference Committee Report on HB 1209. On the motion, a roll call was taken, and the vote was as follows: N Adelman C Balfour N Brown Bulloch Y Butler Y Carter C Chance Y Chapman Y Cowsert N Davenport Y Douglas N Fort Y Goggans Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson Y Johnson N Jones E Me V Bremen Y Moody Mullis Y Murphy N Orrock Y Pearson Y Powell N Ramsey N Reed Y Rogers Y Schaefer C Seabaugh N Seay Y Shafer,D C Smith E Staton C Stoner Y Tarver N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 30, nays 15; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1209. 5058 JOURNAL OF THE SENATE The following communication was received by the Secretary: Senator Gloria Butler District 55 Suite 420- C State Capitol Atlanta, GA 30334 Committees: Ethics Health and Human Services Public Safety Regulated Industries and Utilities Rules Urban Affairs 4/4/2008 The State Senate Atlanta, Georgia 30334 To: Bob Ewing Please change my vote on HB 1209 from yea to nay. Thanks. /s/ Gloria Butler Senator Balfour of the 9th assumed the Chair. The following bill was taken up to consider House action thereto: HB 1163. By Representatives Lane of the 167th, Keen of the 179th, Williams of the 178th, Hill of the 180th, Roberts of the 154th and others: 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 courts, so as to provide for a fifth judge of the superior courts of the Brunswick Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to provide for an additional court reporter for said circuit; to authorize the governing authority of the counties which comprise the Brunswick Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to provide for effective dates; to repeal conflicting laws; and for other purposes. FRIDAY, APRIL 4, 2008 5059 The House amendment to the Senate substitute was as follows: Amend the Senate Appropriations Committee substitute to HB 1163 (LC 29 3441S) by striking lines 3 through 11 of page 1 and inserting in lieu thereof the following: judge of the courts of the Alcovy, Atlanta, and Brunswick judicial circuits; to provide for the initial appointment of such judges by the Governor; to provide for the election and term of office of each such judge; to provide for the compensation, salary, and expense allowance of said judges to be paid by the State of Georgia and the counties comprising the respective judicial circuits; to provide for jurors; to authorize the judges of said circuits to divide and allocate the work and duties thereof and provide for the duties of the chief judges and presiding judges; to provide for powers, duties, and responsibilities of judges of said circuit; to provide for additional court reporters and personnel and the compensation of such reporters and personnel; to declare inherent authority; to provide effective dates; to repeal conflicting laws; By striking lines 17 through 20 of page 1 and all matter on pages 2 through 6 and inserting in lieu thereof the following: superior court judges for each judicial circuit, is amended by revising paragraphs (2), (3), and (7) as follows: "(2) Alcovy Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5" "(3) Atlanta Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 20" "(7) Brunswick Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5" PART II SECTION 2-1. A new judge of the superior court is added to the Alcovy Judicial Circuit, thereby increasing to five the number of judges of said circuit. SECTION 2-2. The additional judge of the superior courts of the Alcovy Judicial Circuit shall be appointed by the Governor for a term beginning July 1, 2009, and expiring December 31, 2010, and until his or her successor is elected and qualified. At the general election to be held in 2010, there shall be elected a successor to the first additional judge appointed as provided for in this Act, and he or she shall take office on the first day of January, 2011, and serve for a term of office of four years and until his or her successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the general election conducted in the year in which the term of office shall expire for a term of four years and until his or her successor is duly elected and qualified. Said elections shall be held and conducted as is now or may hereafter be provided by law for the election of 5060 JOURNAL OF THE SENATE judges of the superior courts of the State of Georgia. SECTION 2-3. The additional judge of the superior courts of the Alcovy Judicial Circuit shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of said court may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. SECTION 2-4. The compensation, salary, and contingent expense allowance of said additional judge of the superior courts of the Alcovy Judicial Circuit shall be the same as that of other judges of the superior courts of Georgia. The additional judge shall also be paid a county supplement by the counties comprising said circuit in the same manner and to the same extent as the present superior court judges of said circuit are paid. SECTION 2-5. All writs, processes, orders, subpoenas, and any other official papers issuing out of the superior courts of the Alcovy Judicial Circuit may bear teste in the name of any judge of said circuit and, when issued by and in the name of any of said judges of said circuit, shall be fully valid and may be held and determined before any judge of said circuit. SECTION 2-6. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior courts of said circuit; and any such judge of the superior courts of said circuit 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 each of said judges separately or before each of them at the same time. SECTION 2-7. The five judges of the superior courts of the Alcovy Judicial Circuit shall be authorized to employ an additional court reporter for such duties and for such compensation as such judges see fit, up to and including, but not exceeding, the remuneration of the present court reporters of the Alcovy Judicial Circuit as the same is now fixed or may hereafter be fixed. SECTION 2-8. The governing authorities of the counties comprising the Alcovy Judicial Circuit are authorized to provide suitable courtrooms, jury rooms, and chambers for the judges of the superior courts of the Alcovy Judicial Circuit upon the recommendation of said judges. PART III SECTION 3-1. A new judge of the superior court is added to the Atlanta Judicial Circuit, thereby FRIDAY, APRIL 4, 2008 5061 increasing to 20 the number of judges of said circuit. SECTION 3-2. The additional judge of the Atlanta Judicial Circuit appointed pursuant to this Act shall be appointed by the Governor for a term beginning July 1, 2009, and expiring December 31, 2010, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by law for the election of judges of the superior courts of this state at the general election in November, 2010, for a term of four years beginning on January 1, 2011, and until the election and qualification of a successor. Future successors shall be elected at the general election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state. SECTION 3-3. Said additional judge of the Atlanta Judicial Circuit 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 superior court of said circuit may preside over any case therein and perform any official act as judge thereof. The new judge is authorized to employ court personnel on the same basis as other judges of the Atlanta Judicial Circuit. SECTION 3-4. Except as expressly stated, this Act shall not be construed to alter or repeal any provision of any local Act relating to the Atlanta Judicial Circuit. 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 3-5. The compensation, salary, and contingent expense allowance of said additional judge of the Atlanta Judicial Circuit shall be the same as that of the other judges of the superior court of the Atlanta Judicial Circuit. Any salary supplements heretofore enacted by the county of said circuit shall also be applicable to the additional judge provided for in this Act. PART IV SECTION 4-1. A new judge of the superior court is added to the Brunswick Judicial Circuit, thereby increasing to five the number of judges of said circuit. SECTION 4-2. Said additional judge shall be appointed by the Governor for a term beginning July 1, 2009, and continuing through December 31, 2010, and until his or her successor is 5062 JOURNAL OF THE SENATE 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 2010, for a term of four years beginning on January 1, 2011, 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 Brunswick 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 Brunswick 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 of the superior courts of the Brunswick 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 Brunswick 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 Brunswick Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide five judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. SECTION 4-6. Upon and after qualification of the additional judge of the superior court of the Brunswick Judicial Circuit, the five judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the FRIDAY, APRIL 4, 2008 5063 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 five judges of the Brunswick 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 Brunswick Judicial Circuit may bear teste in the name of any judge of the Brunswick 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 Brunswick 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. 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 5-2. (a) For purposes of making the initial appointments of the judges to fill the superior court judgeships created by this Act, this Act shall become effective upon its approval by the Governor or its becoming law without such approval. (b) For all other purposes, this Act shall become effective on July 1, 2009. 5064 JOURNAL OF THE SENATE SECTION 5-3. All laws and parts of laws in conflict with this Act are repealed. Senator Cowsert of the 46th moved that the Senate agree to the House amendment to the Senate substitute to HB 1163. On the motion, a roll call was taken and the vote was as follows: Y Adelman C Balfour Y Brown Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Jackson Y Johnson Y Jones E Me V Bremen Y Moody Mullis Y Murphy Y Orrock Pearson Y Powell Y Ramsey Y Reed Rogers Schaefer C Seabaugh Y Seay Y Shafer,D C Smith E Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Thompson,S Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1163. The following bill was taken up to consider House action thereto: HB 881. By Representatives Jones of the 46th, Coleman of the 97th, Lindsey of the 54th, Millar of the 79th, Everson of the 106th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to provide for legislative findings and intent; to establish the Georgia Charter Schools Commission; to provide for its powers and duties; to provide for chartering authority for commission charter schools; to provide for approval of cosponsors; to provide for cosponsor agreements; to provide for revocation of approval of cosponsors; to provide for application and review; to provide for applications of existing FRIDAY, APRIL 4, 2008 5065 charter schools; to provide for application of the general laws; to provide for access to information; to provide for an annual report; to provide for duties, powers, and authority of the State Board of Education with respect to the foregoing; to provide for duties of the sponsor; to provide for appeal; to provide for debts of charter schools; to provide for findings; to provide for 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 881 (HB881/SCSFA/2) by inserting after "schools;" on line 11 of page 1 the following: to provide for additional QBE funding for full-time equivalent students in system charter schools; to include such amount in the total state funds allotted to a school system; By striking "(a)" at the beginning of line 2 of page 7. By striking lines 12 through 14 of page 7. By inserting after "development" on line 10 of page 8 the following: . For purposes of this paragraph, QBE formula earnings shall not include the additional amount provided for in Code Section 20-2-165.1 earned by a charter system for fulltime equivalent students in its schools By striking lines 17 through 21 of page 8 and inserting in lieu thereof the following: on factors that affect the cost of providing instruction. By striking "shall" on line 29 of page 8 and inserting in its place "may". By inserting between lines 8 and 9 of page 10 the following: SECTION 2A. Said chapter is further amended in Part 4 of Article 6, relating to financing under the "Quality Basic Education Act," by adding a new Code section to read as follows: "20-2-165.1. In addition to the amounts earned by a charter system pursuant to subsection (b) of Code Section 20-2-161, a charter system shall earn 3.785 percent of the base amount established pursuant to subsection (a) of Code Section 20-2-161 for each full-time equivalent student in each school within the charter system." SECTION 2B. Said chapter is further amended in Code Section 20-2-166, relating to the calculation, 5066 JOURNAL OF THE SENATE allotment, and distribution of state funds, by revising subsection (a) as follows: "(a) The State Board of Education shall calculate the total amount of state funds to be allotted to a local school system by: (1) Adding the amount calculated for the local school system for grants authorized under the provisions of this article which do not expressly involve a local share, except the state school lunch grant pursuant to Code Section 20-2-187, to the amount calculated for the local school system for the Quality Basic Education Formula pursuant to subsection (d) of Code Section 20-2-161; (2) Subtracting the amount of funds required by the local school system for local five mill share pursuant to Code Section 20-2-164 from the sum in paragraph (1) of this subsection; and (3) Adding any equalization grant which may be earned pursuant to subsection (c) of Code Section 20-2-165, the state school lunch grant pursuant to Code Section 20-2187, and the portion to be paid from state funds for all grant programs authorized by this article which involve a local share, except the Quality Basic Education Formula, to the difference in paragraph (2) of this subsection, the result being the amount of state funds which the state board shall allot over the course of the fiscal year to the local school system, except that the amount of state funds allotted may be increased by the midterm adjustment as provided in Code Section 20-2-162. The state board shall, to the extent necessary, reduce the amount of state funds to be allocated to local school systems in support of the Quality Basic Education Program or in support of any of the purposes for which state funds might be allotted to local school systems under this article if the amount of state funds appropriated in support of such program or in support of any one or more of the purposes for which allotments of funds are provided by this article is not adequate to finance the cost of the state portion of such program or such purposes, determined in accordance with this article.; and (4) If a charter system, adding any additional amount which may be earned pursuant to Code Section 20-2-165.1." Senator Weber of the 40th moved that the Senate agree to the House amendment to the Senate substitute to HB 881. On the motion, a roll call was taken and the vote was as follows: N Adelman Balfour (PRS) N Brown Y Bulloch N Butler N Carter N Chance Y Chapman N Cowsert Y Heath N Henson Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Jackson Y Johnson N Jones Y Schaefer Y Seabaugh N Seay Shafer,D Y Smith Y Staton C Stoner N Tarver N Tate FRIDAY, APRIL 4, 2008 5067 N Davenport Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Hawkins E Me V Bremen Y Moody C Mullis Y Murphy N Orrock Y Pearson N Powell N Ramsey N Reed Y Rogers Y Thomas,D Y Thomas,R Y Thompson,C N Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 30, nays 21; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 881. The following Senators were excused for business outside the Senate Chamber: Mullis of the 53rd Rogers of the 21st Williams of the 19th The following bill was taken up to consider House action thereto: SB 406. By Senators Hamrick of the 30th, Mullis of the 53rd, Rogers of the 21st and Reed of the 35th: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as to increase penalties for reproducing, transferring, selling, distributing, or circulating certain recorded material; to provide for forfeiture of certain items; to provide for additional restitution as it relates to violations of Code Section 16-8-60, relating to reproduction of recorded material, transfer, sale, distribution, and circulation; 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 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as to increase penalties for reproducing, transferring, selling, distributing, or circulating certain recorded material; to provide for forfeiture of certain items; to provide for additional restitution as it relates to violations of Code Section 16-8-60, relating to reproduction of recorded material, transfer, sale, distribution, and circulation; to amend Chapter 9 of Title 42 of the 5068 JOURNAL OF THE SENATE Official Code of Georgia Annotated, relating to pardons and paroles, so as to repeal the "Uniform Act for Out-of-State Parolee Supervision," which was replaced by "The Interstate Compact for Adult Offender Supervision" that has become binding in this state; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, is amended by revising Code Section 16-8-60, relating to reproducing, transferring, selling, distributing, or circulating certain recorded material, as follows: "16-8-60. (a) It is unlawful for any person, firm, partnership, corporation, or association knowingly to: (1) Transfer or cause to be transferred any sounds or visual images recorded on a phonograph record, disc, wire, tape, videotape, film, or other article on which sounds or visual images are recorded onto any other phonograph record, disc, wire, tape, videotape, film, or article without the consent of the person who owns the master phonograph record, master disc, master tape, master videotape, master film, or other device or article from which the sounds or visual images are derived; or (2) Sell; distribute; circulate; offer for sale, distribution, or circulation; possess for the purpose of sale, distribution, or circulation; cause to be sold, distributed, or circulated; cause to be offered for sale, distribution, or circulation; or cause to be possessed for sale, distribution, or circulation any article or device on which sounds or visual images have been transferred, knowing it to have been made without the consent of the person who owns the master phonograph record, master disc, master tape, master videotape, master film, or other device or article from which the sounds or visual images are derived. (b) It is unlawful for any person, firm, partnership, corporation, or association to sell; distribute; circulate; offer for sale, distribution, or circulation; or possess for the purposes of sale, distribution, or circulation any phonograph record, disc, wire, tape, videotape, film, or other article on which sounds or visual images have been transferred unless such phonograph record, disc, wire, tape, videotape, film, or other article bears the actual name and address of the transferor of the sounds or visual images in a prominent place on its outside face or package. (c) This Code section does shall not apply to any person who transfers or causes to be transferred any such sounds or visual images: (1) Intended for or in connection with radio or television broadcast transmission or related uses; (2) For archival purposes; or (3) Solely for the personal use of the person transferring or causing the transfer and without any profit being derived by the person from the transfer. (d) Every person convicted of violating Violation of this Code section is shall be guilty FRIDAY, APRIL 4, 2008 5069 of a felony and is punishable upon conviction shall be punished as follows: (1) Upon the first conviction of violating this Code section, by a fine of not less than $500.00 nor more than $25,000.00, or by imprisonment for not less than one year nor more than two years, or both such fine and imprisonment; (2) Upon the second or subsequent violations of conviction of violating this Code section, shall be punishable upon conviction by a fine of not less than $1,000.00 nor more than $100,000.00, or by imprisonment for not less than one year nor more than three years and the judge may suspend, stay, or probate all but 48 hours of any term of imprisonment, or both such fine and imprisonment; or (3) Upon the third or subsequent conviction of violating this Code section, by a fine of not less than $2,000.00 nor more than $250,000.00, by imprisonment for not less than two nor more than five years and the judge may suspend, stay, or probate all but six days of any term of imprisonment, or both such fine and imprisonment. (e) This Code section shall neither enlarge nor diminish the right of parties to enter into a private contract. (f)(1) Any phonograph record, disc, wire, tape, videotape, film, or other article onto which sounds or visual images have been transferred shall be subject to forfeiture to the State of Georgia except that no property of any owner shall be forfeited under this paragraph, to the extent of the interest of such owner, by reason of an act or omission established by such owner to have been committed or omitted without knowledge or consent of such owner. (2) The procedure for forfeiture and disposition of forfeited property under this subsection shall be as provided for under Code Section 16-13-49. (g) For purposes of imposing restitution pursuant to Chapter 14 of Title 17 when a person is convicted pursuant to this Code section, the court shall consider damages to any owner or lawful producer of a master phonograph record, master disc, master tape, master videotape, master film, or other device or article from which sounds or visual images are derived. Restitution shall be based upon the aggregate wholesale value of lawfully manufactured and authorized recorded devices corresponding to the nonconforming recorded devices involved in the violation of this Code section and shall also include reasonable investigative costs related to the detection of the violation of this Code section." SECTION 2. Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, is amended by repealing Article 3, relating to the "Uniform Act for Out-of-State Parolee Supervision" and designating said article as reserved. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Hamrick of the 30th moved that the Senate agree to the House substitute to SB 406. 5070 JOURNAL OF THE SENATE On the motion, a roll call was taken and the vote was as follows: Y Adelman Balfour (PRS) Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Johnson Y Jones E Me V Bremen Moody C Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed C Rogers Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles E Williams On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 406. Senator Douglas of the 17th asked unanimous consent that HB 373, having been placed on the Table on Wednesday, April 2, 2008, be taken from the Table. The consent was granted, and HB 373 was taken from the Table. Pursuant to Senate Rule 4-2.10(a), HB 373, having been taken from the Table, was put upon its passage. HB 373. By Representatives Bridges of the 10th, Day of the 163rd, Collins of the 27th, Coleman of the 97th, Talton of the 145th and others: A BILL to be entitled an Act to amend Code Section 47-2-223 of the Official Code of Georgia Annotated, relating to retirement benefits in the Employees Retirement System of Georgia for those in service in the Uniform Division of the Department of Public Safety, so as to provide that such persons may return to full-time employment and retain their retirement benefits; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Douglas of the 17th. FRIDAY, APRIL 4, 2008 The following Fiscal Notes, as required by law, were read by the Secretary: 5071 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 15, 2008 The Honorable Ben Bridges, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to House Bill 373 (LC 21 9760S) Dear Chairman Bridges: This substitute bill would amend provisions relating to retirement benefits for certain members of the Employees' Retirement System. Specifically, this bill would affect members who are in service in the Uniform Division of the Department of Public Safety. Under the provisions of this bill, such members would be eligible to retain their retirement benefits if they return to full-time service within the Uniform Division of the Department of Public Safety, provided they do not return to work within the first 12 months of their retirement. Such persons would not be considered active members of the Employees' Retirement System, and would not accrue any additional benefits or creditable service. The employer would be required to pay the employee and employer contributions that would be applicable to the employee. This substitute bill also specifies that the salary and rank of any person who returns to work under this Code Section shall be subject to negotiation. However, no person shall be re-employed at a higher salary or rank than he or she held at the time of retirement. Additionally, no person currently employed can be denied a promotion to a higher rank for which he or she would be eligible because of the operation of this Code Section. It should be noted that the Department of Public Safety would have the sole discretion to permit any person to return to work under the provisions of this legislation. 5072 JOURNAL OF THE SENATE This is to certify that the changes made in this substitute bill are nonfiscal amendments as defined in the Public Retirement Systems Standards Law. Therefore, the actuarial investigation and State Auditor's Summary prepared for House Bill 373 (LC 21 9725S) would apply to this substitute bill (LC 21 9760S). A copy of the actuarial investigation and State Auditor's Summary for HB 373 (LC 21 9725S) is 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 13, 2008 Honorable Ben Bridges, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: Actuarial Investigation Substitute to House Bill 373 (LC 21 9725S) Employees' Retirement System Dear Chairman Bridges: This bill would amend provisions relating to retirement benefits for certain members of the Employees' Retirement System. Specifically, this bill would affect members who are in service in the Uniform Division of the Department of Public Safety. Under the provisions of this bill, such members would be eligible to retain their retirement benefits if they return to full-time service within the Uniform Division of the Department of Public Safety, provided they do not return to work within the first 12 months of their retirement. Such persons would not be considered active members of the Employees' Retirement System, and would not accrue any additional benefits or creditable service. FRIDAY, APRIL 4, 2008 5073 The employer would be required to pay the employee and employer contributions that would be applicable to the employee. It should be noted that the Department of Public Safety would have the sole discretion to permit any person to return to work under the provisions of this legislation. This bill would not result in any additional cost to the State. Since members would be required to wait 12 months prior to returning to work, there would be no incentive for members to retire early in order to obtain this benefit. There would be no increase in the unfunded actuarial accrued liability or the employer contribution rate as a result 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 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. (2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill. (3) The number of years that the unfunded actuarial accrued liability created by the bill would be amortized. (4) The amount of the annual normal cost which will result from the bill. (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. $ 0 $ 0 N/A $ 0 10.41% 10.41% $ 0 It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. 5074 JOURNAL OF THE SENATE Respectfully, /s/ Russell W. Hinton State Auditor Senators Shafer of the 48th, Powell of the 23rd, Tarver of the 22nd, Hamrick of the 30th, Wiles of the 37th and others offered the following amendment #1: Amend HB 373 by inserting on line 5 of page 1 following "limitations;" the following: to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable under such retirement system, so as to provide for credit for service as a member of certain public retirement systems; to provide conditions; By inserting following line 4 of page 2 the following: SECTION 1.1. Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable under the Employees Retirement System of Georgia, is amended by adding a new Code section to read as follows: "47-2-101. A member who was a member of the Georgia Judicial Retirement System but did not vest may have employer and employee contributions transferred to this retirement system by notifying both boards by December 31, 2008. Such transfer shall be with regular interest, less an amount to ensure no increase in the unfunded actuarial accrued liability occurs. The member may add to such amount up to the actual service. The board shall grant creditable service in an amount that will not increase the unfunded actuarial accrued liability. A member who was a member of the District Attorneys Retirement System but who did not vest may obtain creditable service for such service by paying the full actuarial cost." 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 FRIDAY, APRIL 4, 2008 5075 April 2, 2008 The Honorable David Shafer State Senator State Capitol, Room 421-F Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to HB 373 (LC 21 9760S) As Amended (AM 21 3610) Dear Senator Shafer: As amended, this bill would revise provisions relating to retirement benefits for certain members of the Employees' Retirement System. Specifically, this bill would affect members who are in service in the Uniform Division of the Department of Public Safety. Under the provisions of this bill, such members would be eligible to retain their retirement benefits if they return to full-time service within the Uniform Division of the Department of Public Safety, provided they do not return to work within the first 12 months of their retirement. Such persons would not be considered active members of the Employees' Retirement System, and would not accrue any additional benefits or creditable service. The employer would be required to pay the employee and employer contributions that would be applicable to the employee. This substitute bill also specifies that the salary and rank of any person who returns to work under this Code Section shall be subject to negotiation. However, no person shall be re-employed at a higher salary or rank than he or she held at the time of retirement. Additionally, no person currently employed can be denied a promotion to a higher rank for which he or she would be eligible because of the operation of this Code Section. It should be noted that the Department of Public Safety would have the sole discretion to permit any person to return to work under the provisions of this legislation. The amendment offered by (AM 21 3610) would revise provisions related to creditable service for members of the Employees' Retirement System. Specifically, this bill would allow any member who was previously a member of the Judicial Retirement System but did not vest for a benefit under such system, to obtain creditable service in the Employees' Retirement System for such prior service. Any member wishing to obtain such creditable service must notify the board of trustees of the Employees' Retirement System by December 31, 2008. Upon notification, the board of trustees of the Georgia Judicial Retirement System shall transfer to the Employees' Retirement System all applicable employee and employer contributions paid by or on behalf of the employee, with regular interest, less an amount to ensure no increase in the unfunded actuarial accrued liability occurs. This bill also allows the member to supplement the contributions made by the Judicial Retirement System with any amount that he or she desires. Upon receipt of the funds, the Employees' Retirement System will credit the 5076 JOURNAL OF THE SENATE member for the amount of service funded by the contributions, but not more than the actual number of years for which he or she was credited with under the Judicial Retirement System. Under this amendment, members of the Employees' Retirement System who were previously non-vested members of the District Attorney's Retirement System may obtain creditable service for service covered under the District Attorney's Retirement System. This is to certify that the changes made in this substitute bill are nonfiscal amendments as defined in the Public Retirement Systems Standards Law. Therefore, the actuarial investigation and State Auditor's Summary prepared for House Bill 373 (LC 21 9725S) would apply to this substitute bill (LC 21 9760S). A copy of the actuarial investigation and State Auditor's Summary for HB 373 (LC 21 9725S) is attached. Respectfully, /s/ Russell W. Hinton State Auditor On the adoption of the amendment, the President asked for unanimous consent. Senator Heath of the 31st objected. On the adoption of the amendment, the yeas were 27, nays 5, and the Shafer et al. amendment #1 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour (PRS) Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Cowsert Y Davenport Y Douglas Y Fort Y Goggans N Heath Y Henson Y Hill,Jack N Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones E Me V Bremen Y Moody C Mullis Y Murphy Y Schaefer C Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S FRIDAY, APRIL 4, 2008 5077 Y Golden N Grant Hamrick Y Harbison Y Harp Y Hawkins Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the passage of the bill, the yeas were 45, nays 3. HB 373, having received the requisite constitutional majority, was passed as amended. The following bill was taken up to consider House action thereto: HB 948. By Representatives Smith of the 70th, Jones of the 46th, Houston of the 170th, Tumlin of the 38th, Ramsey of the 72nd 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 sales and use tax 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. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 948 (LC 18 7573S) by striking lines 8 and 9 of page 1 and inserting in its place "filed by certain affiliated groups; to provide for related". By striking lines 19 through 24 of page 2. By redesignating Sections 5 and 6 as Sections 4 and 5, respectively. Senator Rogers of the 21st moved that the Senate agree to the House amendment to the Senate substitute to HB 948. On the motion, a roll call was taken and the vote was as follows: Y Adelman Balfour (PRS) Y Brown Y Bulloch Y Heath Y Henson Hill,Jack Y Hill,Judson Y Schaefer C Seabaugh Y Seay Y Shafer,D 5078 JOURNAL OF THE SENATE Y Butler Y Carter Y Chance Chapman Y Cowsert Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones E Me V Bremen Y Moody C Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 948. Senator Douglas of the 17th was excused for business outside the Senate Chamber. The following bill was taken up to consider the Conference Committee Report thereto: SB 355. By Senators Smith of the 52nd, Hamrick of the 30th, Cowsert of the 46th, Harp of the 29th, Meyer von Bremen of the 12th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to provide for the disbursement of certain settlement funds after closing even though such funds are not collected funds; to provide that lenders shall provide loan funds in the form of collected funds at or prior to closing; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on SB 355 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 355 be adopted. Respectfully submitted, FRIDAY, APRIL 4, 2008 5079 FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Smith of the 52nd /s/ Senator Carter of the 13th /s/ Senator Cowsert of the 46th /s/ Representative Willard of the 49th /s/ Representative O`Neal of the 146th /s/ Representative Jacobs of the 80th COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 355 A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to provide for the disbursement of certain settlement funds after closing even though such funds are not collected funds; to provide that lenders shall provide loan funds in the form of collected funds at or prior to closing; 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 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, is amended by revising subsections (c) and (d) of Code Section 44-14-13, relating to disbursement of settlement proceeds, as follows: "(c) Except as otherwise provided in this Code section, a settlement agent shall not cause a disbursement of settlement proceeds unless such settlement proceeds are collected funds. Notwithstanding that a deposit made by a settlement agent to its escrow account does not constitute collected funds, the A settlement agent may cause a disbursement of disburse settlement proceeds from the its escrow account in reliance on such deposit under any of the following circumstances after receipt of any of the following negotiable instruments even though the same are not collected funds: (1) The deposit is either (A) a certified check, A cashiers check, as defined in subsection (g) of Code Section 11-3-104, or treasurers check issued by or drawn on, or (B) other similar primary obligation of from a federally insured bank, savings bank, savings and loan association, or credit union and issued by a lender for a closing or loan transaction, provided that such funds are immediately available and cannot be dishonored or refused when negotiated or presented for payment or of any holding company or wholly owned subsidiary of any of the foregoing; (2) The deposit is either a check or draft issued by a lender approved by the United States Department of Housing and Urban Development (HUD); (3) The deposit is a check issued by a lender qualified to do business in Georgia; 5080 JOURNAL OF THE SENATE (4)(2) The deposit is a A check drawn on the escrow account of an attorney licensed to practice law in the State of Georgia or on the escrow account of a real estate broker licensed under Chapter 40 of Title 43, if the settlement agent has reasonable and prudent grounds to believe that the deposit check will constitute collected funds in the settlement agents escrow account within a reasonable period; (5)(3) The deposit is a A check issued by the United States of America or any agency thereof or the State of Georgia or any agency or political subdivision, as such term is defined in Code Section 50-15-1, of the State of Georgia; or (6)(4) The deposit is a personal A check or checks in an aggregate amount not exceeding $5,000.00 per loan closing. For purposes of this Code section, disbursement of settlement proceeds shall only be made from the proceeds of any of the instruments described in paragraphs (1) through (6) (4) of this subsection if such instruments are negotiable instruments if they are negotiable in accordance with the provisions of Code Section 11-3-104. (d) The lender shall at or before the loan closing deliver loan funds to the settlement agent either in the form of collected funds or in the form of a negotiable instrument described in any of paragraphs (1) through (3) of subsection (c) of this Code section, provided that the lender must cause such instrument to be honored upon presentment for payment to the bank or other depository institution upon which such instrument was drawn; provided, however, that in the case of refinancing, or any other loan where a right of rescission applies, the lender shall, prior to the disbursement of the settlement proceeds and no later than 11:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, of the next business day following the expiration of the rescission period required under the federal Truth in Lending Act (15 U.S.C. Section 1601, et seq.), deliver loan funds to the settlement agent in one or more of the forms set forth in this Code section." SECTION 2. This Act shall become effective on July 1, 2008, and shall apply to all loans closed on or after July 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Smith of the 52nd moved that the Senate adopt the Conference Committee Report on SB 355. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Balfour (PRS) Y Brown Y Bulloch Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Schaefer Y Seabaugh Y Seay Y Shafer,D FRIDAY, APRIL 4, 2008 5081 Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport E Douglas Y Fort Y Goggans Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones E Me V Bremen Y Moody C Mullis Y Murphy Y Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Smith E Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 355. Senator Murphy of the 27th was excused for business outside the Senate Chamber. The following bill was taken up to consider the Conference Committee Report thereto: SB 305. By Senators Shafer of the 48th, Pearson of the 51st, Heath of the 31st, Thomas of the 54th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to revise a provision relating to the licensing of nongovernmental rescue organizations; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to revise certain provisions relating to liability of persons and entities in emergency situations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on SB 305 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 305 be adopted. Respectfully submitted, 5082 JOURNAL OF THE SENATE FOR THE SENATE: /s/ Senator Shafer of the 48th /s/ Senator Smith of the 52nd /s/ Senator Moody of the 56th FOR THE HOUSE OF REPRESENTATIVES: /s/ Representative Fleming of the 117th /s/ Representative Rice of the 51st /s/ Representative Neal of the 1st COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 305 A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to revise a provision relating to the licensing of nongovernmental rescue organizations; to provide a short title; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to revise certain provisions relating to liability of persons and entities in emergency situations; to provide immunity from liability for manufacturers for a defective product under certain circumstances; 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. This Act shall be known and may be cited as the "Corporate Good Samaritan Act of 2008." SECTION 2. Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, is amended by revising subsection (a) of Code Section 38-3-36, relating to the director licensing nongovernmental rescue organizations, as follows: "(a) Except as otherwise provided by subsection (b) of this Code section, all nongovernmental rescue organizations, associations, groups, teams, search and rescue dog teams, or individuals, whether or not they are holders of a charter issued by this state or officers thereof, shall be prohibited from performing any rescue or emergency management type activity until the organization, association, group, team, search and rescue dog team, or individual has been licensed by the director of emergency management to perform the activities. It is expressly declared that Articles 1 through 3 of this chapter shall not amend, repeal, alter, or affect in any manner Code Section 511-29 or Code Section 51-1-29.2." SECTION 3. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, is amended by revising Code Section 51-1-29.2, relating to FRIDAY, APRIL 4, 2008 5083 liability of persons acting to prevent, minimize, and repair injury and damage resulting from catastrophic acts of nature, as follows: "51-1-29.2. (a) Any natural person who voluntarily and without the expectation or receipt of compensation provides services during a time state of emergency and in a place of emergency as declared by the Governor working in coordination with and under the direction of the Georgia Emergency Management Agency or an appropriate state agency consistent with their role under the Georgia Emergency Operations Plan for the benefit of any individual to prevent, or minimize, and repair injury and damage to injury to persons or damage to property resulting from catastrophic acts of nature whether natural or manmade, including fire, flood, earthquake, wind, storm, or wave action, biological, chemical, or nuclear agents, terrorism, pandemics, or epidemics, shall not be liable to any individual receiving such assistance as a result of any act or omission in rendering such service if such person was acting in good faith and unless the damage or injury was caused by the willful or wanton negligence or misconduct of such person. (b) Any private for profit or nonprofit association, organization, or other legal entity, and any officer, member, volunteer, or employee of such entity when such entity is working in coordination with and under the direction of the Georgia Emergency Management Agency or an appropriate state agency consistent with their role under the Georgia Emergency Operations Plan during a state of emergency and in a place of emergency as declared by the Governor that voluntarily and without the expectation or receipt of compensation provides services or goods for the benefit of any individual to prevent or minimize injury to persons or damage to property resulting from catastrophic acts whether natural or manmade, including fire, flood, earthquake, wind, storm, or wave action, biological, chemical, or nuclear agents, terrorism, pandemics, or epidemics, shall not be liable to any individual receiving such assistance as a result of any act or omission in rendering such service if such entity or person was acting in good faith and unless the damage or injury was caused by the willful or wanton negligence or misconduct of such entity or person. (c) Any person or private entity acting in cooperation with and under the direction of the Georgia Emergency Management Agency or other state or local agency, adopted by the Georgia Emergency Management Agency, who voluntarily and without the expectation or receipt of compensation provides services or goods in preparation for a possible state of emergency or participates in an exercise drill consistent with the persons or entitys role under such plan shall not be liable to any individual as a result of any act or omission in rendering such services or goods if such person or entity was acting in good faith and unless the damage or injury was caused by the willful or wanton negligence or misconduct of such person or entity. (d) Nothing in this Code section shall be construed to repeal, alter, or limit in any manner any other provision of law granting immunity or limiting liability. Furthermore, nothing in this Code section shall be construed to abrogate any state or local entitys sovereign immunity." 5084 JOURNAL OF THE SENATE SECTION 4. Said chapter is further amended in Code Section 51-1-11, relating to when privity is required to support an action, product liability actions, and time limitation therefor, by adding a new subsection to read as follows: "(d) A manufacturer shall not be held liable for the manufacture of a defective product based on theories of market share, enterprise, or other theories of industry-wide liability. A manufacturer of a product alleged to be defective shall not be held liable for a public nuisance based on theories of market share, enterprise, or other theories of industry-wide liability." SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to causes of action arising on or after such date. SECTION 6. 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 on SB 305. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Balfour (PRS) Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones E Me V Bremen Y Moody C Mullis E Murphy Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Weber Y Wiles Y Williams On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 305. FRIDAY, APRIL 4, 2008 5085 The following bill was taken up to consider House action thereto: HB 544. By Representatives Hembree of the 67th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 33-50-2 of the Official Code of Georgia Annotated, relating to a required license for any multiple employer self-insured health plan to transact business in this state and health plans of municipalities, counties, or other political subdivisions, so as to provide that any plan or arrangement established or maintained by two or more accredited independent nonproprietary institutions of higher education located in this state is not subject to the requirements relating to multiple employer self-insured health plans; to provide for related matters; 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 amendment to the Senate substitute to HB 544 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, Goggans of the 7th and Chance of the 16th. The following bill was taken up to consider the Conference Committee Report thereto: HB 1168. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-13-51 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, collection, and expenditure of proceeds of such tax; to provide an effective date; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on HB 1168 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1168 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: 5086 JOURNAL OF THE SENATE /s/ Senator Rogers of the 21st /s/ Senator Pearson of the 51st /s/ Senator Hawkins of the 49th /s/ Representative O'Neal of the 146th /s/ Representative Royal of the 171st /s/ Representative Mills of the 25th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1168 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 the excise tax on rooms, lodgings, and accommodations; to provide for definitions; to provide for procedures, conditions, and limitations for the imposition, collection, and expenditure of proceeds of the tax; to provide for powers, duties, and authority of county and municipal governing authorities; to provide for powers, duties, and authority of the state revenue commissioner; to change the membership of the Hotel Motel Tax Performance Review Board; to change certain provisions regarding the levy, collection, and expenditure of certain proceeds of such tax; to provide for related matters; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions regarding notice of termination of occupancy by an innkeeper; to provide effective dates; 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 revising Code Section 48-13-50.2, relating to definitions regarding the excise tax on rooms, lodgings, and accommodations, as follows: "48-13-50.2. As used in this article, the term: (1) 'Destination marketing organization' means a private sector nonprofit organization or other private entity which is exempt from federal income tax under section 501(c)(6) of the Internal Revenue Code of 1986 that is supported by the tax under this article, government budget allocations, private membership, or any combination thereof and the primary responsibilities of which are to encourage travelers to visit their destinations, encourage meetings and expositions in the area, and provide visitor assistance and support as needed. (1)(2) 'Innkeeper' means any person who is subject to taxation under this article for the furnishing for value to the public any rooms, lodgings, or accommodations. (3) 'Private sector nonprofit organization' means a chamber of commerce, a convention and visitors bureau, a regional travel association, or any other private group organized for similar purposes which is exempt from federal income tax under Section 501(c)(6) of the Internal Revenue Code of 1986; provided, however, that a FRIDAY, APRIL 4, 2008 5087 county or municipality which has prior to April 1, 1990, contracted for a required expenditure under this Code section with a private group which is exempt from federal income tax under provisions of Section 501(c) of the Internal Revenue Code other than Section 501(c)(6) may continue to contract for required expenditures with such a private group. (2)(4) 'Promoting tourism, conventions, and trade shows' means planning, conducting, or participating in programs of information and publicity designed to attract or advertise tourism, conventions, or trade shows. (5) 'State authority' means an authority created by state law which serves a state-wide function, including, but not limited to, the Geo. L. Smith II Georgia World Congress Center Authority, but shall not mean an authority created for support of a local government or a local purpose or function and shall not include authorities such as area planning and development commissions and any organizational entities they may create, regional development centers and any organizational entities they may create, or local water and sewer authorities. (6) 'Tourism product development' means the expenditure of funds for the creation or expansion of physical attractions which are available and open to the public and which improve destination appeal to visitors, support visitors experience, and are used by visitors. Such expenditures may include capital costs and operating expenses. Tourism product development may include: (A) Lodging for the public for no longer than 30 consecutive days to the same customer; (B) Overnight or short-term sites for recreational vehicles, trailers, campers, or tents; (C) Meeting, convention, exhibit, and public assembly facilities; (D) Sports stadiums, arenas, and complexes; (E) Golf courses associated with a resort development that are open to the general public on a contract or fee basis; (F) Racing facilities, including dragstrips, motorcycle racetracks, and auto or stock car racetracks or speedways; (G) Amusement centers, amusement parks, theme parks, or amusement piers; (H) Hunting preserves, trapping preserves, or fishing preserves or lakes; (I) Visitor information and welcome centers; (J) Wayfinding signage; (K) Permanent, nonmigrating carnivals or fairs; (L) Airplanes, helicopters, buses, vans, or boats for excursions or sightseeing; (M) Boat rentals, boat party fishing services, rowboat or canoe rentals, horse shows, natural wonder attractions, picnic grounds, river-rafting services, scenic railroads for amusement, aerial tramways, rodeos, water slides, or wave pools; (N) Museums, planetariums, art galleries, botanical gardens, aquariums, or zoological gardens; (O) Parks, trails, and other recreational facilities; or (P) Performing arts facilities." 5088 JOURNAL OF THE SENATE SECTION 2. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising subparagraph (a)(1)(C) as follows: "(C)(i) The tax authorized by this Code section shall not apply to charges made for any rooms, lodgings, or accommodations provided to any persons who certify that they are staying in such room, lodging, or accommodation as a result of the destruction of their home or residence by fire or other casualty. The tax authorized by this Code section shall apply to the fees or charges for any rooms, lodgings, or accommodations during the first ten days of continuous occupancy and shall not apply to charges imposed for any continuous occupancy thereafter. The tax authorized by this Code section shall not apply to charges made for the use of meeting rooms and other such facilities or to any rooms, lodgings, or accommodations provided without charge. (ii) The tax authorized by this Code section shall not apply to the charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local governmental officials or employees when traveling on official business. Notwithstanding the availability of any other means of identifying the person as a state or local government official or employee, whenever a person pays for any rooms, lodgings, or accommodations with a state or local government credit or debit card, such rooms, lodgings, or accommodations shall be deemed to have been furnished for use by a Georgia state or local government official or employee traveling on official business for purposes of the exemption provided by this division Reserved." SECTION 3. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (6) of subsection (a) as follows: "(6) At no time shall a county or municipality levy a tax under more than one paragraph of this subsection. Following the termination of a tax under paragraph (2.1), (2.2), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (2.1), (2.2), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (2.1), (2.2), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection levy any future taxes under this Code section in a manner authorized by subsection (b) of this Code section." SECTION 4. Said title is further amended in Code Section 48-13-51, relating to county and municipal FRIDAY, APRIL 4, 2008 5089 levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (7) of subsection (a) as follows: "(7) As used in this Code section subsection, the term: 'fund' (A) 'Fund and 'funding' shall include means the cost and expense of all things deemed necessary by a state authority for the construction and operation of a multipurpose domed stadium including but not limited to the study, operation, marketing, acquisition, construction, finance, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities, and the repayment of any obligation incurred by an authority in connection therewith. (B) 'Obligation' means The term 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys incurred prior to January 1, 1991, and having an initial term of not more than 30 years. (C) 'Multipurpose The term 'multipurpose domed stadium facility' shall mean means a multipurpose domed stadium facility and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of a facility used for convention and trade show purposes by the state, a department or agency of the state, a state authority, or a combination thereof." SECTION 5. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (8) of subsection (a) as follows: "(8)(A) For purposes of this Code section, a 'private sector nonprofit organization' shall be a chamber of commerce, a convention and visitors bureau, a regional travel association, or any other private group organized for similar purposes which is exempt from federal income tax under Section 501(c)(6) of the Internal Revenue Code of 1986; provided, however, that a county or municipality which has prior to April 1, 1990, contracted for a required expenditure under this Code section with a private group which is exempt from federal income tax under provisions of Section 501(c) of the Internal Revenue Code other than Section 501(c)(6) may continue to contract for required expenditures with such a private group. (B) For purposes of this Code section, 'state authority' shall mean an authority created by state law which serves a state-wide function including, but not limited to, the Geo. L. Smith II Georgia World Congress Center Authority, but shall not mean an authority created for support of a local government or a local purpose or function and shall not include authorities such as area planning and development commissions and any organizational entities they may create, regional development centers and any organizational entities they may create, or local water and sewer authorities Reserved." SECTION 6. Said title is further amended in Code Section 48-13-51, relating to county and municipal 5090 JOURNAL OF THE SENATE levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising subparagraph (a)(9)(A) as follows: "(A) A county or municipality imposing a tax under paragraph (1), (2), (2.1), (2.2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met proceeds of the tax shall be expended. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan." SECTION 7. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (11) of subsection (a) as follows: "(11) Nothing in this Code section shall be construed to impair, or authorize or require the impairment of, any existing contract or contractual rights Reserved." SECTION 8. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (12) of subsection (a) as follows: "(12) Any action by a local governing authority to impose or change the rate of the tax authorized under this Code section shall become effective no sooner than the first day of the second month following its adoption by the local governing authority Reserved. SECTION 9. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising subsection (b) as follows: "(b)(1) Except as provided in paragraphs (2) and (3) of subsection (a) of this Code section, any new excise taxes which are first levied pursuant to this Code section after July 1, 2008, or any new excise tax which is first levied following the termination of a previous levy pursuant to this Code section after July 1, 2008, shall be levied pursuant to this subsection. (2) The governing authority of each municipality in this state may levy an excise tax pursuant to this subsection at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist FRIDAY, APRIL 4, 2008 5091 camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value. (3) Within the territorial limits of the special district located within the county, each county in this state may levy an excise tax pursuant to this subsection at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value. (4) The levy of an excise tax pursuant to this subsection shall be conditioned upon the county or municipality adopting a resolution which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds and, subsequent to such resolution, the enactment of a local Act by the General Assembly. (5) In accordance with the terms of the resolution adopted by the county or municipality, the local Act of the General Assembly shall provide that: (A) In each fiscal year during which a tax is collected under paragraph (2) or (3) of this subsection, an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by the county or municipality levying tax; and (B) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under subparagraph (A) of this paragraph shall be expended for tourism product development. (6) A county or municipality levying a tax pursuant to this subsection shall expend an amount equal to the amount of total taxes collected under this subsection which would have been collected at a rate of 5 percent in accordance with the provisions of paragraph (3) of subsection (a) of this Code section. (c) Nothing in this article shall be construed to impair, or authorize or require the impairment of, any existing contract or contractual rights. (d) At no time shall a county or municipality levy simultaneously more than one tax under this article. (e)(1) Except as otherwise provided in paragraph (2) of this subsection, for any excise tax levied pursuant to subsection (b) of this Code section, a county or municipality imposing a tax under this article shall, prior to the imposition of the tax or changing the rate of the levy of the tax and prior to each fiscal year thereafter in which the tax is imposed, adopt a budget plan specifying how the proceeds of such tax are to be expended. Prior to the adoption of such budget plan, the county or municipality shall obtain from the destination marketing organization or state authority with which it proposes to contract to meet the expenditure requirements of 5092 JOURNAL OF THE SENATE this paragraph a budget plan for expenditures to be made by such organization. Such destination marketing organization or state authority expenditure budget plan shall be made a part of the county or municipal budget plan. (2) This paragraph shall apply to a county or municipality which is levying the tax under subsection (a) of this Code section on January 1, 2008, and is expending the proceeds of the tax through a contract or contracts with an authorized entity or entities other than a destination marketing organization. In the event such county or municipality ceases such levy in order to levy an excise tax under subsection (b) of this Code section, it may continue to expend the proceeds of the tax through a contract or contracts with the same entity or entities other than a destination marketing organization if, prior to each fiscal year in which the tax is imposed, the county or municipality adopts a budget plan specifying how the proceeds of such tax are to be expended. Prior to the adoption of such budget plan, such county or municipality shall obtain from such entity or entities with which it proposes to contract to meet the expenditure requirements of this paragraph a budget plan for expenditures to be made by such entity or entities. The budget plan of such entity or entities shall be made a part of the county or municipal budget plan. (f) A county or municipality expending funds of the tax levied under subsection (b) of this Code section pursuant to a contract shall require the destination marketing organization or state authority to provide audit verification that such destination marketing organization or state authority makes use of such funds in conformity with the requirements of this subsection. If the audit required by Code Section 36-81-7 identifies noncompliance with the applicable expenditure requirements of this Code section, such noncompliance shall be reported in accordance with paragraph (2) of subsection (c) of Code Section 36-81-7. The state auditor shall report all instances of noncompliance with this subsection noted in the audit report to the Department of Community Affairs upon completion of the report review required by paragraph (2) of subsection (d) of Code Section 36-81-7. The state auditor shall furnish a copy of all documents submitted by the local government or the local governments auditor pertaining to noncompliance with this subsection to the Department of Community Affairs. The Department of Community Affairs shall submit a copy of such documents to the performance review board. (g)(1) Any action by a local governing authority to impose or change the rate of the tax authorized under this article shall become effective no sooner than the first day of the second month following its action by the local governing authority. (2) In the case of a county or municipality which has adopted an ordinance ceasing the levy under the applicable paragraph of subsection (a) of this Code section in order to levy an excise tax under subsection (b) of this Code section, such levy under subsection (b) of this Code section shall become effective no sooner than the first day of the second month following its action by the local governing authority. (h) The tax authorized by this article shall not apply to: (1) Charges made for any rooms, lodgings, or accommodations provided to any persons who certify that they are staying in such room, lodging, or accommodation as FRIDAY, APRIL 4, 2008 5093 a result of the destruction of their home or residence by fire or other casualty; (2) The use of meeting rooms and other such facilities or any rooms, lodgings, or accommodations provided without charge; (3) Any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local governmental officials or employees when traveling on official business. Notwithstanding the availability of any other means of identifying the person as a state or local government official or employee, whenever a person pays for any rooms, lodgings, or accommodations with a state or local government credit or debit card, such rooms, lodgings, or accommodations shall be deemed to have been furnished for use by a Georgia state or local government official or employee traveling on official business for purposes of the exemption provided by this paragraph. For purpose of the exemption provided under this paragraph, a local government official or employee shall include officials or employees of counties, municipalities, consolidated governments, or county or independent school districts; or (4) Charges made for continuous use of any rooms, lodgings, or accommodations after the first 30 days of continuous occupancy. (b)(i) No tax under this article may be levied or collected by a county outside the territorial limits of the special district located within the county. (j) Any requirement that a tax under this article be expended in the fiscal year in which it is collected shall be satisfied so long as fiscal year expenditures conform with the budget plan required in either paragraph (9) of subsection (a) or subsection (e) of this Code section." SECTION 10. Said title is further amended by revising Code Section 48-13-54, relating to collection, remittance, and use of certain funds regarding certain rooms, facilities, or cabins operated under jurisdiction of Department of Natural Resources, as follows: "48-13-54. Any state park operated under the jurisdiction of the Department of Natural Resources, or a state authority that is administratively attached to the Department of Natural Resources, which state park or authority regularly furnishes for value lodge rooms as well as meals and conference or meeting facilities or has a minimum of 20 cabins and which is rooms, facilities, or cabins located in a county or municipality levying a tax under this article shall, as provided in this Code section, agree to collect and remit to the county or municipality within whose taxing jurisdiction the facility is located amounts which are equal to, or partially equal to, the amounts which would be collected and remitted to the county or municipality under the tax levied by the county or municipality under Code Section 48-13-51 if the lodges such rooms, facilities, or cabins were privately operated. The sums so collected and remitted shall only be expended for development, promotion, and advertising of the lodges such rooms, facilities, or cabins from which the money was collected and remitted or for similar purposes of promoting, advertising, stimulating, and developing conventions and tourism in the county or 5094 JOURNAL OF THE SENATE municipality in which the such rooms, facilities, or cabins of the state park is operated as or state authority are located so long as said promotion or advertising prominently features the state park facilities or similar facilities operated under the jurisdiction of the Department of Natural Resources or state authority rooms, facilities, or cabins." SECTION 11. Said title is further amended by revising subsections (a) and (b) of Code Section 48-1356.1, relating to the Hotel Motel Tax Performance Review Board, as follows: "(a)(1) There is created the Hotel Motel Tax Performance Review Board which shall consist of 11 members. (2) The commissioner of community affairs shall appoint five persons to serve as members of the performance review board as follows: (A) A designee of the commissioner; (B) A representative of the private sector tourism industry who shall be an innkeeper; (C) A representative of municipal government; (D) A representative of county government; and (E) A representative of a tourism destination marketing organization. (3) The Governor shall appoint one member of the board. (4) The Speaker of the House of Representatives shall appoint one member of the board. (5) The President Pro Tempore of the Senate Lieutenant Governor shall appoint one member of the board. (6) The state auditor shall appoint one member of the board. (7) The commissioner of economic development shall appoint one member of the board. (8) The state revenue commissioner shall appoint one member of the board. (b)(1) The initial members of the board shall be appointed not later than August 1, 2004. The member of the board who is appointed under subparagraph (a)(2)(A) of this Code section shall serve for a term of office of five years. Members of the board who are appointed under subparagraphs (a)(2)(B), (a)(2)(C), (a)(2)(D), and (a)(2)(E) of this Code section shall serve for terms of office of three years each. Members of the board who are appointed under paragraphs (3), (4), and (5) of subsection (a) of this Code section shall serve for terms of office of three years each. Members of the board who are appointed under paragraphs (6), (7), and (8) of subsection (a) of this Code section shall serve for terms of office of five years each. Members of the board shall serve for the terms of office specified in this subsection and until their respective successors are appointed and qualified. Members of the board may be reappointed to the board upon the expiration of their terms of office if they otherwise continue to meet the qualifications for such office. (2) If a vacancy occurs in the membership of the board, the appropriate appointing entity shall appoint a successor for the remainder of the unexpired term and until a successor is appointed and qualified." FRIDAY, APRIL 4, 2008 5095 SECTION 12. Said title is further amended in Code Section 48-13-51, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, by revising paragraph (4) of subsection (a) as follows: "(4) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 43 1/3 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; (E) supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and such facility was substantially completed and in operation prior to December 31, 1993; or (F) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph (4) shall further expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 1 percent of the total taxes collected at the rate of 6 percent for the purpose of supporting a museum of aviation and aviation hall of fame or an amount equal to at least 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) construction or expansion of either: (A) (i) a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (B) (ii) a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if such support is 5096 JOURNAL OF THE SENATE provided to a governmental entity with which the county or municipality levying the tax had in effect on January 1, 1987, a contractual agreement concerning governmental support of a convention and trade show facility; (C) (iii) a facility owned or operated for convention and trade show purposes, visitor welcome center purposes, or any other similar or related purposes by a convention and visitors bureau authority created by local Act of the General Assembly for a municipality; (D) (iv) a facility owned or operated for convention and trade show purposes or any other similar or related purposes by a coliseum and exhibit hall authority created by local Act of the General Assembly for a county and one or more municipalities therein; (E) (v) a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and such facility was substantially completed and in operation prior to December 31, 1993; (F) (vi) a system of bicycle or pedestrian trails or walkways or both connecting a historic district within the levying county or municipality and surrounding areas (and with respect to this purpose (F) (vi) construction and expansion shall include acquisition and development), if not later than December 1, 1993, the county or municipality has adopted ordinances, resolutions, or contracts which: (i) (I) designate such historic district; (ii) (II) obligate the county or municipality to provide funds to promote tourism to a historic district owners and business association which qualifies as a private sector nonprofit organization under subparagraph (a)(8)(A) of this Code section and Section 501(c)(6) of the Internal Revenue Code; (iii) (III) provide a 'comprehensive plan' as provided for in Chapters 70 and 71 of Title 36; (iv) (IV) provide a transportation plan as a component of such comprehensive plan; and (v) (V) provide a recreation plan which is designed to identify recreation needs through the year 2000 and which includes provisions for such system of trails or walkways or both; provided that the authority to expend funds for such system of trails or walkways or both shall expire when all capital costs of the initial acquisition, construction, and development of such system as identified in the relevant plan have been paid and in no event later than July 1, 2002. Amounts so expended to meet such 16 2/3 percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities; or (G) (vii) a system of bicycle or pedestrian greenways, trails, walkways, or any combination thereof connecting a downtown historic or business district within the levying county or municipality and surrounding areas (and with respect to this purpose (G) (vii) construction and expansion shall include acquisition and development), if not later than December 1, 2000, the county or municipality has adopted ordinances, resolutions, or contracts which: (i) (I) designate such historic or downtown business district; (ii) (II) obligate the county or municipality to provide funds to promote tourism to a downtown business district owners and business association or chamber of commerce which qualify as private qualifies as a private sector nonprofit FRIDAY, APRIL 4, 2008 5097 organizations organization under subparagraph (a)(8)(A) of this Code section and Section 501(c)(6) of the Internal Revenue Code; (iii) III provide a 'comprehensive plan' as provided for in Chapters 70 and 71 of Title 36; (iv) IV provide a transportation plan as a component of such comprehensive plan; and (v) (V) provide a recreation plan as a component of such comprehensive plan which includes provisions for such system of trails or walkways or both; provided that the authority to expend funds for such system of trails or walkways or both shall expire when all capital costs of the initial acquisition, construction, and development of such system as identified in the relevant plan have been paid and in no event later than July 1, 2025; or (B) promoting tourism, conventions, and trade shows. Amounts so expended to meet such 16 2/3 percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities." SECTION 13. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising subsection (a) of Code Section 43-21-3.1, relating to notice of termination of occupancy by an innkeeper, as follows: "(a) Whenever the keeper of a hotel, apartment hotel, boarding house, or inn, or other accommodations furnished on a day-to-day or weekly basis wishes to terminate the occupancy of a guest for reasons other than those described in subsection (b) of this Code section, the keeper shall give notice of such intention to the guest. The period of time to be specified in the notice as to when the occupancy will be declared terminated by the keeper shall be equal to the period of time for which occupancy is paid for by the guest and accepted by the keeper." SECTION 14. (a) Sections 12 and 13, this section, and Section 15 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 1 through 11 shall become effective on July 1, 2008. SECTION 15. 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 HB 1168. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Balfour (PRS) Brown Y Heath Y Henson Y Hill,Jack Y Schaefer Y Seabaugh Y Seay 5098 JOURNAL OF THE SENATE Y Bulloch N Butler Y Carter Y Chance Y Chapman N Cowsert Y Davenport Douglas N Fort Y Goggans Y Golden Y Grant Hamrick Y Harbison Y Harp Y Hawkins Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones E Me V Bremen Y Moody Y Mullis E Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Shafer,D Y Smith Y Staton C Stoner Y Tarver N Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 43, nays 5; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1168. The following resolution was taken up to consider House action thereto: SR 445. By Senators Unterman of the 45th, Reed of the 35th, Johnson of the 1st and Orrock of the 36th: A RESOLUTION creating the Joint Commercial Sexual Exploitation of Minors Study Commission; to provide for the membership, powers, duties, and mission of the commission; to provide for related matters; and for other purposes. The House substitute was as follows: A RESOLUTION Creating the Joint Commercial Sexual Exploitation of Minors Study Commission; to provide for the membership, powers, duties, and mission of the commission; to provide for related matters; and for other purposes. WHEREAS, across the State of Georgia, children are being forced to engage in prostitution, escort services, stripping, pornography, and other forms of commercial sexual exploitation; and WHEREAS, Georgia, especially the metropolitan Atlanta area, has become a hub for FRIDAY, APRIL 4, 2008 5099 child sexual exploitation, with children trafficked from around the state, from other states, and from other countries; and WHEREAS, children between the ages of 11 and 16, but as young as ten, are being marketed to adults for sex; and WHEREAS, victims of commercial sexual exploitation often suffer extreme conflicts in the home, parental neglect, physical or sexual abuse, homelessness, poverty, housing instability, educational failure, emotional problems, running away, and other social ills that lead to their recruitment into prostitution; and WHEREAS, children who are commercially sexually exploited often become victims of rape, assault, robbery, and murder and are at greater risk for drug and alcohol abuse, depression, suicide attempts, post-traumatic stress disorder (PTSD) and other psychiatric disorders, developmental and social delays, unplanned pregnancy, and sexually transmitted disease (STD) and HIV infection; and WHEREAS, children who miss or drop out of school and become victimized through commercial sexual exploitation are likely to need intensive counseling and other public social services well into adulthood. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Commercial Sexual Exploitation of Minors Study Commission to be composed of 12 members. The President of the Senate shall appoint three members of the Senate as members of the commission and shall designate one of such members as cochairperson. The Speaker of the House of Representatives shall appoint three members of the House of Representatives as members of the commission and shall designate one of such members as cochairperson. One member shall be a local police chief appointed by the Georgia Association of Chiefs of Police. One member shall be a district attorney appointed by the Prosecuting Attorneys Council of the State of Georgia. One member shall be a juvenile court judge appointed by the Council of Juvenile Court Judges. One member shall be a superior court judge appointed by the Council of Superior Court Judges of Georgia. One member shall be a public defender appointed by the Georgia Public Defender Standards Council and one member shall be a representative of child advocacy appointed by the Office of the Child Advocate. The cochairpersons shall call all meetings of the commission. BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the commission deems necessary or appropriate. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this 5100 JOURNAL OF THE SENATE resolution. In conducting such study, the commission shall study current law and policy in Georgia and other states and shall elicit views from experts in the fields of child welfare, juvenile justice, social work, mental health, and public health as well as input from child victims and adult survivors of commercial sexual exploitation. The commission shall examine recent policy and social science reports on child commercial sexual exploitation, including, but not limited to, its effect on child well-being and community safety. Also, the commission shall review services that are currently available to this population in Georgia, as well as best practices for serving commercially sexually exploited children from other jurisdictions. The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. Members of the commission other than legislative members shall receive no compensation for their services on the commission, and they shall not be reimbursed for expenses incurred by them in the performance of their duties as members of the commission. All funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the Senate and the House of Representatives. The expenses and allowances authorized by this resolution shall not be received by any legislative member of the commission for more than five days unless additional days are authorized. In the event the commission makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2008. The commission shall stand abolished on January 1, 2009. Senator Unterman of the 45th moved that the Senate agree to the House substitute to SR 445. On the motion, a roll call was taken and the vote was as follows: Y Adelman Balfour (PRS) Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Jones E Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Schaefer Y Seabaugh Y Seay Shafer,D Y Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber FRIDAY, APRIL 4, 2008 5101 Y Harbison Y Harp Y Hawkins Y Ramsey Y Reed Y Rogers Y Wiles Y Williams On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 445. Senator Hamrick of the 30th was excused for business outside the Senate Chamber. The following bill was taken up to consider the Conference Committee Report thereto: HB 1055. By Representatives Williams of the 4th, Dickson of the 6th, Tumlin of the 38th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and licenses, so as to make revisions to certain provisions relating to professions and licenses; to provide that a designee of the division director of the professional licensing boards may sign and attest orders and processes; to amend certain requirements relating to applications for certification as a registered interior designer; to revise provision relating to inspector at auctions; to provide for service of documents and applications relating to geologists upon the division director at his or her office; to repeal certain provisions relating to license by reciprocity for massage therapists; to revise provisions relating to license by endorsement for massage therapists; to provide for certain education and training requirements satisfactory for the issuance of physical therapist licenses; to provide for licensure by endorsement for physical therapists; 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 1055 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1055 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Chance of the 16th /s/ Senator Carter of the 13th /s/ Senator Rogers of the 21st /s/ Representative Williams of the 4th /s/ Representative Tumlin of the 38th /s/ Representative Shaw of the 176th 5102 JOURNAL OF THE SENATE COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1055 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 revisions relating to various professional and business licenses; to provide that a designee of the division director of the professional licensing boards may sign and attest orders and processes; to increase regulatory protections for consumers of accounting services; to provide definitions; to change a requirement for certification as a certified public accountant; to change the registration requirements of firms of certified public accountants; to provide for substantial equivalency when there is reciprocity; to provide for certain permissions to use certain titles relating to certified public accountants; to amend certain requirements relating to applications for certification as a registered interior designer; to revise a definition relevant to athletic trainers without expanding the scope of practice beyond the determination of an advising and consenting physician; to revise provisions relating to the inspector at auctions; to provide for service of documents and applications relating to geologists upon the division director at his or her office; to revise provisions relating to regulation of private immigration assistance services; to provide for definitions; to provide for certain powers for licensed immigration assistance providers; to provide for penalties for violating provisions regarding licensure of immigration assistance providers; to provide for certain application procedures; to provide for the authority to investigate potential violations and for investigators to conduct such investigations; to provide for the authority to perform certain adverse actions regarding immigration assistance licenses; to provide for certain procedures regarding such adverse actions; to provide for certain notice requirements; to repeal certain provisions relating to license by reciprocity for massage therapists; to revise provisions relating to license by endorsement for massage therapists; to provide for certain education and training requirements satisfactory for the issuance of physical therapist licenses; to provide for licensure by endorsement for physical therapists; to provide for the establishment of the renewal period for expired licenses for veterinarians and veterinary technicians by the division director; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising subsection (b) of Code Section 43-1-3, relating to duties of division director and serving notice or process on boards through the division director, as follows: "(b) All orders and processes of the professional licensing boards shall be signed and attested by the division director, or his or her designee, in the name of the particular professional licensing board, with the seal of such board attached. Any notice or legal FRIDAY, APRIL 4, 2008 5103 process necessary to be served upon any of the professional licensing boards may be served upon the division director." SECTION 2. Said title is further amended by revising Code Section 43-3-2, relating to definitions, as follows: "43-3-2. As used in this chapter, the term: (1) 'Attest' means providing the following financial statement services: (A) Any audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS); (B) Any review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS); provided, however, that nothing in this definition shall alter the rights of unlicensed accountants contained in Code Section 43-3-36; (C) Any examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE); and (D) Any engagement to be performed in accordance with the auditing standards of the Public Company Accounting Oversight Board. The standards specified in this paragraph shall be adopted by reference by the board pursuant to rule making and shall be those developed for general application by recognized national accountancy organizations, such as the American Institute for Certified Public Accountants and the Public Company Accounting Oversight Board. (1)(2) 'Board' means the State Board of Accountancy. (3) 'Compilation' means providing a service to be performed in accordance with the Statements on Standards for Accounting and Review Services that presents information in the form of financial statements that are the representation of management or owners without undertaking to express any assurance as to the statements. (4) 'CPA' means certified public accountant. (2)(5) 'Firm' means any person, proprietorship, partnership, corporation, association, or any other legal entity which practices public accountancy. (6) 'Home office' means the location identified by the client as the address to which a service described in paragraph (4) of subsection (b) of Code Section 43-3-24 is directed. (3)(7) 'Live permit' means a permit issued under Code Section 43-3-24 which is in full force and effect. (8) 'Practice of public accountancy' or 'practicing public accountancy' means offering to perform or performing for a client one or more types of services involving the use of accounting or auditing skills, one or more types of management advisory or consulting services, or the preparation of tax returns or the furnishing of advice on tax matters while holding oneself out in such manner as to state or imply that one is a 5104 JOURNAL OF THE SENATE licensee. (9) 'Principal place of business' means the office location designated by the licensee for purposes of substantial equivalency and reciprocity. (4)(10) 'State' means the District of Columbia and any state other than this state and any territory or insular possession of the United States." SECTION 3. Said title is further amended by revising subparagraph (a)(3)(B) of Code Section 43-3-6, relating to requirements for certificate of "certified public accountant" and disclosure of commissions for sale of insurance or financial products, as follows: "(B) Two years One year of continuous experience in public accountancy immediately preceding the date of application for the certificate or within a reasonable time prior to the date of such application as provided by the board by rule, provided that the board may promulgate rules stating certain circumstances which shall constitute acceptable breaks in the continuity of said experience; and provided, further, that the board may accept, in lieu of both of such years such year of experience in public accounting, evidence satisfactory to it of five years one year of continuous employment in the accounting field in industry, business, government, or college teaching; any combination of the above; or any combination of the above and practice in of public accountancy immediately preceding the date of application for the certificate or what the board determines to be the equivalent thereof; and provided, further, that any person certified as a certified public accountant under the laws of this state on July 1, 1977, shall be deemed to have the experience in the practice of public accountancy required by this subparagraph; and" SECTION 4. Said title is further amended by revising Code Section 43-3-21, relating to registration requirements for firms of certified public accountants, in its entirety as follows: "43-3-21. (a) The board shall grant or renew the registration of a firm practicing public accountancy to firms that meet the following requirements: (1) Partners, members, or shareholders owning at least a simple majority of the financial interest and voting rights of the firm shall be certified public accountants of some state in good standing, except that such partners, members, or shareholders who are certified public accountants and whose principal place of business is in this state and who perform accounting services in this state must hold a live permit from this state. An individual who has practice privileges under subsection (b) of Code Section 43-3-24 who performs services for which a firm registration is required under paragraph (4) of subsection (b) of Code Section 43-3-24 shall not be required to obtain a certificate or live permit under this chapter; (2) The firm shall be in compliance with all requirements and provisions of state law governing the organizational form of the firm in the state of the firms principal place of business; FRIDAY, APRIL 4, 2008 5105 (3) The firm shall comply with all regulations pertaining to firms registered with the board; (4) The resident manager of each office of the firm within this state in the practice of public accountancy shall be a certified public accountant of this state in good standing; (5) Any firms that include nonlicensee owners shall comply with the following rules: (A) The firm shall designate the holder of a live permit, or in the case of a firm which must register pursuant to subparagraph (b)(1)(C) of this Code section, a licensee of another state who meets the requirements set forth in subsection (b) of Code Section 43-3-24, who shall be responsible for the proper registration of the firm and shall identify that individual to the board; (B) All nonlicensee owners shall be active individual participants in the firm or affiliated entities; and (C) The firm shall comply with such other requirements as the board may impose by rule or regulation; (6) Any holder of a live permit and any individual who qualifies for practice privileges under subsection (b) of Code Section 43-3-24 who is responsible for supervising attest or compilation services and signs or authorizes someone to sign the accountants report on the financial statements on behalf of the firm shall meet the competency requirements set out in the professional standards for such services; and (7) Any holder of a live permit and any individual who qualifies for practice privileges under subsection (b) of Code Section 43-3-24 who signs or authorizes someone to sign the accountants report on the financial statements on behalf of the firm shall meet the competency requirements of subparagraph (6) of this subsection. (b)(1) The following firms must register under this Code section: (A) Any firm with an office in this state practicing public accountancy; (B) Any firm with an office in this state that uses the title 'CPA' or 'CPA firm'; and (C) Any firm that does not have an office in this state but performs any service described in subparagraph (A), (C), or (D) of paragraph (1) of Code Section 43-3-2 for a client having its home office in this state. (2) A firm that does not have an office in this state may perform services described in subparagraph (B) of paragraph (1) or paragraph (3) of Code Section 43-3-2 for a client having its home office in this state, may practice public accountancy as authorized under this Code section, and may use the title 'CPA' or 'CPA firm' without registering as provided in this Code section only if: (A) It meets the qualifications described in paragraph (1) of subsection (a) of this Code section and it complies with the boards rules and regulations regarding peer review; and (B) It performs such services through an individual with practice privileges under subsection (b) of Code Section 43-3-24. (3) A firm that does not have an office in this state and that is not subject to the requirements of subparagraph (C) of paragraph (1) of this subsection or paragraph (2) of this subsection may perform other professional services included in the practice of 5106 JOURNAL OF THE SENATE public accountancy while using the title 'CPA' or 'CPA firm' in this state without registering under this Code section only if: (A) It performs such services through an individual with practice privileges under subsection (b) of Code Section 43-3-24; and (B) It can lawfully perform such services in the state where said individuals with practice privileges have their principal place of business. (c) Each firm required to register under paragraph (1) of subsection (b) of this Code section shall be registered biennially under this chapter with the board, provided that any firm for which such requirement becomes effective between biennial reporting periods shall register with the board within 60 days. Such a firm must show that all attest and compilation services rendered in this state are under the supervision of a person holding a live permit issued by this state or a person with practice privileges under subsection (b) of Code Section 43-3-24. The board, by regulation, shall prescribe the procedure to be followed in effecting such registration and the information which must be provided regarding the firm and its practice. (d) A registered firm shall file written notice to the board, within 60 days after the occurrence of the opening of a new office or the closing or change of address of any of its offices in this state. Each such office shall be under the supervision of a resident manager who may be a partner, principal, shareholder, member, or a staff employee holding a live permit. (e) Neither the denial of a firm registration under this Code section nor the denial of the renewal of a firm registration under Code Section 43-3-23 shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Notice and hearing within the meaning of said Chapter 13 of Title 50 shall not be required, but the applicant shall be allowed to appear before the board if he or she requests." SECTION 5. Said title is further amended by revising Code Section 43-3-24, relating to issuance permits to practice public accountancy and issuance of temporary permits to nonresidents, as follows: "43-3-24. (a) A permit to engage in the practice of public accountancy in this state shall be issued by the division director, at the direction of the board, to each person who is certificated as a certified public accountant under Code Sections 43-3-6 through 43-3-12 or registered as a foreign accountant under Code Section 43-3-20 who shall have furnished evidence, satisfactory to the board, of compliance with the requirements of Code Section 43-3-25, and to individuals and firms registered under Code Section 43-3-21, provided that such entities are maintained and registered as required under Code Sections 43-3-21 and 43-3-23. There shall be a biennial permit fee in an amount to be determined by the board. (b) For the purpose of enabling persons or firms licensed in other states to perform specific professional engagements involving the practice of public accounting in this FRIDAY, APRIL 4, 2008 5107 state, the board shall grant temporary permits to practice to persons or firms who make application and demonstrate their qualifications therefor in accordance with the following provisions: (1) An applicant for a temporary permit under this subsection shall show that he or she is duly licensed and authorized to practice as a certified public accountant or as a firm of certified public accountants or the equivalent in another state and shall give the name of each person who will be engaged in the practice of public accounting in this state in the performance of the professional engagement which is the subject of the application; (2) The board shall charge a fee for each application for issuance or renewal of a temporary permit under this subsection, in an amount to be determined by the board by rule, for each applicant and for each person who is to engage in the practice of public accounting in this state under the permit; (3) A temporary permit issued under this Code section shall be limited to the single specific professional engagement which is the occasion for the application for a permit; it shall name each person who is to engage in the practice of public accounting in this state pursuant to such engagement; and it shall be valid for no more than 90 days after its issuance; (4) An application for a temporary permit under this subsection shall constitute the appointment of the Secretary of State as the applicants agent upon whom process may be served in any action or proceeding against the applicant arising out of any transaction or operation connected with or incidental to the performance of the professional engagement for which the temporary permit was issued; and (5) No temporary permit shall be issued to, or with respect to the performance of services by, any person who is a resident of this state. (b) Individuals may practice based on a substantial equivalency practice privilege as follows: (1) An individual whose principal place of business is outside this state shall be presumed to have qualifications substantially equivalent to this states requirements, shall have all the privileges of live permit holders of this state, and may practice public accountancy in this state without the requirement to obtain a live permit, certificate, or registration under this chapter or to otherwise notify or register with the board or pay any fee if the individual: (A) Holds a valid license as a certified public accountant from any state which requires, as a condition of licensure, that an individual: (i) Has at least 150 semester hours of college education including a baccalaureate or higher degree conferred by a college or university; (ii) Achieves a passing grade on the Uniform Certified Public Accountant Examination; and (iii) Possesses at least one year of experience, including providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax, or consulting skills, which may be obtained through government, industry, academic, or public practice all of which was 5108 JOURNAL OF THE SENATE verified by a licensee; or (B) Holds a valid license as a certified public accountant from any state which does not meet the requirements of subparagraph (A) of this paragraph but such individuals certified public accountant qualifications are substantially equivalent to those requirements. Any individual who passed the Uniform Certified Public Accountant Examination and holds a valid license issued by any other state prior to January 1, 2012, may be exempt from the education requirement in division (1)(A)(i) of this subsection for purposes of this subparagraph; (2) Notwithstanding any other provision of law, an individual who offers or renders professional services, whether in person or by mail, telephone, or electronic means, under this Code section shall be granted practice privileges in this state and no notice, fee, or other submission shall be provided by any such individual. Such an individual shall be subject to the requirements of paragraph (3) of this subsection; (3) An individual licensee of another state exercising the privilege afforded under this subsection, and the firm that employs that individual, shall simultaneously consent, as a condition of exercising this privilege: (A) To the personal and subject matter jurisdiction and disciplinary authority of the board; (B) To comply with the provisions of this chapter and the boards rules and regulations; (C) That in the event the license from the state of the individuals principal place of business is no longer valid, the individual shall cease offering or rendering professional services in this state individually and on behalf of a firm; and (D) To the appointment of the state board that issued the individuals license as the individuals agent upon whom process may be served in any action or proceeding by this states board against the individual; (4) An individual who qualifies for the practice privilege under this Code section who, for any entity with its home office in this state, performs any service under subparagraph (A), (C), or (D) of paragraph (1) of Code Section 43-3-2 may do so only through a firm that has registered with the board under Code Section 43-3-21; and (5) An individual qualifying for the practice privilege under paragraph (1) of this subsection may provide expert witness services in this state and shall be deemed to be in compliance with paragraph (1) of subsection (c) of Code Section 24-9-67.1 for purposes of such services. (c) Subsection (b) of this Code section shall not be applied or construed to permit an individual to engage in the practice of public accountancy in this state based on a substantial equivalency privilege unless such individual holds a valid license as a certified public accountant in a state which grants similar reciprocity to license holders in this state." SECTION 6. Said title is further amended by revising subsection (a) of Code Section 43-3-28, relating to revocation, suspension, or refusal to renew certificate, registration, or permits, as FRIDAY, APRIL 4, 2008 5109 follows: "(a) After notice and hearing as provided in Code Section 43-3-30, the board may revoke or suspend any certification issued under Code Sections 43-3-6 through 43-3-12 or a registration issued under Code Section 43-3-20 or may revoke, suspend, or refuse to renew any live permit or may censure the holder of any such permit, or may forbid an individual from exercising the substantial equivalency practice privilege, for any cause which the board may deem sufficient, including, without limiting the generality of the foregoing, any one or any combination of the following causes: (1) Violation of any rule, regulation, or order promulgated by the board in accordance with this chapter; (2) Fraud or deceit in obtaining certification as a certified public accountant or registration as a public accountant, in obtaining registration under this chapter, or in obtaining a live permit; (3) Violation of any of the provisions of Code Section 43-3-35 or any other Code section of this chapter; (4) Dishonesty, fraud, or gross negligence in the practice of public accountancy; (5) Commission of a felony under the laws of any state or of the United States; (6) Commission of any crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States; (7) Cancellation, revocation, suspension, or refusal to renew authority to practice as a certified public accountant or as a public accountant by any other state for any cause other than voluntary withdrawal or failure to pay an annual registration fee in such other state; (8) Suspension or revocation of the right to practice before any state or federal agency; (9) Failure to furnish evidence of satisfaction of requirements of continuing professional education as required by the board pursuant to Code Section 43-3-25 or to meet any conditions with respect to continuing professional education which the board may have ordered under that Code section; (10) Conduct which discredits the accounting profession; or (11) Failure of such holders firm to register or renew its registration under Code Sections 43-3-21 and 43-3-23 or the failure of such firm to comply with any of the provisions of Code Section 43-3-23." SECTION 7. Said title is further amended by revising subsection (c) of Code Section 43-3-30, relating to adjudicative hearings before the board, as follows: "(c) Before the board shall revoke or suspend a permit, certificate, or registration, or practice privilege, it shall provide for a hearing for the holder of such permit, certificate, or registration, or practice privilege in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 5110 JOURNAL OF THE SENATE of Title 50." SECTION 8. Said title is further amended by revising Code Section 43-3-31, relating to reinstatement of certification or registration and modification of suspension of permit, as follows: "43-3-31. Upon written application after a hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the board may recertificate a certified public accountant or reregister a public accountant or foreign accountant whose certification or registration has been revoked or may reissue or modify the suspension of a live permit or practice privilege which has been revoked or suspended." SECTION 9. Said title is further amended by revising Code Section 43-3-34, relating to holding oneself to be a licensed certified public accountant or public accountant and single prohibited acts as grounds for injunction or conviction, as follows: "43-3-34. The display or uttering by a person of a card, sign, advertisement, or other printed, engraved, or written instrument or device bearing a persons name in conjunction with the words 'certified public accountant' or any abbreviation thereof, or 'public accountant' or any abbreviation thereof shall be prima-facie evidence in any action brought under Code Section 43-3-33 or 43-3-38 that the person whose name is so displayed caused or procured the display or uttering of such card, sign, advertisement, or other printed, engraved, or written instrument or device and that such person is holding himself or herself out to be a certified public accountant or a public accountant holding a live permit or otherwise claims to be qualified to use such title by virtue of the substantial equivalency practice privilege under subsection (b) of Code Section 433-24 or of the firm practice provisions of subsection (b) of Code Section 43-3-21. In any such action, evidence of the commission of a single act prohibited by this chapter shall be sufficient to justify an injunction or a conviction without evidence of a general course of conduct." SECTION 10. Said title is further amended by revising Code Section 43-3-35, relating to the use of titles or devices, false or fraudulent claims, and regulation of solicitation of employment, by adding two new subsections to read as follows: "(h) It shall not be a violation of this Code section or chapter for an individual who does not hold a live permit under this chapter but who qualifies for the substantial equivalency practice privilege under subsection (b) of Code Section 43-3-24 to use the title or designation 'certified public accountant' or 'C.P.A.' or other titles to indicate that the person is a certified public accountant, and such individual may provide professional services in this state with the same privileges as a live permit holder so long as the individual complies with paragraph (4) of subsection (b) of Code Section FRIDAY, APRIL 4, 2008 5111 43-3-24. (i) It shall not be a violation of this Code section or chapter for a firm that has not registered with the board or obtained a live permit under this chapter and that does not have an office in this state to use the title or designation 'certified public accountant' or 'C.P.A.' or other titles to indicate that the firm is composed of certified public accountants, and such firm may provide professional services in this state with the same privileges as a registered firm with a live permit so long as it complies with subsection (b) of Code Section 43-3-21." SECTION 11. Said title is further amended by revising paragraph (5) of subsection (b) of Code Section 43-4-32, relating to applications for certificates of registration, requirements, term of certificates, and renewal relative to registered interior designers, as follows: "(5) Except as otherwise provided in subsection (c) of this Code section, provides proof that the applicant has acquired a minimum four-year degree or first professional degree conferred by a college or university whose program is accredited by the National Architectural Accrediting Board or by another national or regional accrediting organization recognized by the board in a program of study in architecture or in a program of study in interior design approved by the Foundation for Interior Design Research Council for Interior Design Accreditation or in a substantially equivalent program of study approved by the board." SECTION 12. Said title is further amended by revising Code Section 43-5-1, relating to definitions relevant to athletic trainers, as follows: "43-5-1. (1) 'Athletic injury' means any injury sustained by a person as a result of such persons participation in exercises, sports, games, or recreation recreational activities, or any activities requiring physical strength, agility, flexibility, range of motion, speed, or stamina or any comparable injury which prevents such person from participating in such activities without respect to where or how the injury occurs. Nothing in this paragraph shall be construed to expand the scope of practice of an athletic trainer beyond the determination of the advising and consenting physician as provided for in paragraph (2) of this Code section. (2) 'Athletic trainer' means a person with specific qualifications, as set forth in Code Sections 43-5-7 and 43-5-8 who, upon the advice and consent of a physician, carries out the practice of prevention, recognition, evaluation, management, disposition, treatment, or rehabilitation of athletic injuries; and, in carrying out these functions, the athletic trainer is authorized to use physical modalities, such as heat, light, sound, cold, electricity, or mechanical devices related to prevention, recognition, evaluation, management, disposition, rehabilitation, and treatment. Nothing in this Code section shall be construed to require licensure of elementary or secondary school teachers, coaches, or authorized volunteers who do not hold themselves out to the public as 5112 JOURNAL OF THE SENATE athletic trainers. (3) 'Board' means the Georgia Board of Athletic Trainers." SECTION 13. Said title is further amended by revising Code Section 43-6-18.1, relating to inspector at auctions, as follows: "43-6-18.1. The commission shall have a full-time an inspector with full inspection rights and privileges for all auctions conducted in this state. This inspector shall have the right to inspect any activity or lack thereof which may be a violation of this chapter or any documents or records pertaining to auction activities and to report any and all such violations or any improper or unlicensed practice, including but not limited to trust account violations." SECTION 14. Said title is further amended by revising Code Section 43-19-7, relating to service of appeals, documents, and legal process on division director relative to geologists, as follows: "43-19-7. 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 in Atlanta." SECTION 15. Said title is further amended by revising Chapter 20A, relating to regulation of private immigration assistance services, in its entirety 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. As used in this chapter, the term: (1) 'Advertise' or 'advertising' means any communication, written or otherwise, produced or caused to be produced by a person licensed pursuant to this chapter promoting the goods or services regulated by this chapter. (2) 'Alien' means any person not a citizen of the United States. (3) 'Application' means any forms, documents, and information required pursuant to this chapter that applicants are required to file with the Secretary of State. (4) 'Client' shall mean any person seeking immigration assistance. (5) 'Compensation' means money, property, services, promise of payment, or any FRIDAY, APRIL 4, 2008 5113 other consideration or anything of value. (6) 'Immigrant' means every alien with the exception of an alien within a class of nonimmigrant aliens as defined in 8 U.S.C.A. Section 1101(a)(15). (7) 'Immigration assistance' means any service provided to clients for compensation related to immigration matters, but shall not include legal advice, recommending a specific course of legal action, or providing any other assistance that requires legal analysis, legal judgment, or the interpretation of the law. (8) 'Immigration assistance provider' means any person who is licensed to provide immigration assistance pursuant to this chapter. (9) '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. (10) 'Nonimmigrant' means any alien within a class of nonimmigrant aliens as defined in 8 U.S.C.A. Section 1101(a)(15). (11) 'Order' means, but is not limited to, an administrative order issued under the provisions of this chapter or a similar order issued by a court of competent jurisdiction, any federal, foreign, or state agency, or a self-regulatory organization that makes a finding that the provisions of this chapter have been violated and sanctions administered. (12) 'Person' means any individual, partnership, corporation, association, or private organization of any character, but not a governmental entity of any kind. 43-20A-3. 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 exempted by this chapter. This chapter shall be administered and enforced by the Secretary of State. The Secretary of State may delegate such of his or her powers or duties under this chapter as he or she desires to a division director in his or her office. With respect to the enforcement of this chapter, the Secretary of State shall retain all powers and duties and may perform all functions of the licensing boards as provided in Chapter 1 of this title. 43-20A-4. (a) A person shall not provide immigration assistance in this state without holding a license issued pursuant to this chapter as an immigration assistance provider. (b) Any person desiring to be licensed as an immigration assistance provider shall file an application for such license with the Secretary of State. All original and subsequent applications filed with the Secretary of State shall be upon such form and in such detail as the Secretary of State shall prescribe, setting forth the following: 5114 JOURNAL OF THE SENATE (1) The name and address of the applicant or the name under which he or she intends to conduct business and, if the applicant is a partnership or limited liability company, the name and residence address of each member thereof and the name under which the partnership or limited liability company business is to be conducted and, if the applicant is a corporation, the name and address of each of its principal officers; (2) The place or places, including the city with the street and street number, if any, where the business is to be conducted; and (3) Such other information as the Secretary of State shall require. (c) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary, all applications, including supporting documents and other personal information submitted by applicants and licensees as part of an application filed with the Secretary of State, shall be confidential. The Secretary of State shall deem as public records the following information and shall make such information reasonably available for inspection by the general public: a licensees name, license number and status, business name, business address, business telephone number, type of license held, and term of license; the fact that a licensee has or has not received a disciplinary sanction; and such other information pertaining to the license of a licensee as the Secretary of State may determine by rule. (d) No person shall be granted a license as an immigration assistance provider unless such person: (1) Is 18 years of age or older; (2) Is a United States citizen or holds a valid legal immigration status pursuant to federal law; (3) Provides a criminal background report and, within the five-year period preceding the date of the application, has no criminal convictions, other than traffic violations; (4) Completes and submits an application; (5) Provides proof of a $5,000.00 performance bond issued in a form acceptable to the Secretary of State by a bonding company licensed to conduct bonding business in the State of Georgia; and (6) If an applicant intends to provide services which shall require him or her to control the legal funds of a client seeking immigration assistance, provides a financial statement for the current fiscal year. (e) The Secretary of State shall establish an appropriate procedure for the acceptance and review of applications submitted pursuant to subsection (b) of this Code section. (f) All immigration assistance providers holding licenses in good standing shall be eligible for the renewal of such license pursuant to procedures established by the Secretary of State. In the event a licensee fails to renew his or her license, such license shall be automatically revoked. 43-20A-5. (a) An immigration assistance provider licensee may perform the following services as immigration assistance: (1) Completing a government agency form on behalf of the client and appropriate to FRIDAY, APRIL 4, 2008 5115 the clients needs; (2) Transcribing responses to a government agency form which is related to an immigration matter; provided, however, that advice shall not be offered to a client as to his or her answers on such forms; (3) Translating information on forms to a client and translating the clients answers to questions posed on such forms; (4) Securing for the client supporting documents currently in existence, such as birth and marriage certificates, which may be needed to be submitted with government agency forms; (5) Notarizing signatures on government agency forms, provided that the person performing the service is a notary public commissioned in the State of Georgia and is lawfully present in the United States; (6) Preparing or arranging for the preparation of photographs and fingerprints; (7) Arranging for the performance of medical testing (including X-rays and AIDS tests) and the obtaining of reports of such test results; and (8) Performing such other services that the Secretary of State determines by rule may be appropriately performed by such licensees in light of the purposes of this chapter. (b) A contract to provide any service in conjunction with immigration assistance shall clearly state the obligations of the immigration assistance provider and the client who is to receive such service. 43-20A-6. (a) 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 or independently contracted by and under the direct supervision of a licensed attorney meeting the requirements in paragraph (1) of this subsection and rendering immigration assistance 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 such organizations accredited under 8 C.F.R. 292.2(d); and (4) Any person employing or desiring to employ an alien or nonimmigrant alien, where the organization, its employees, or its agents provide nonlegal advice in conjunction with immigration assistance in immigration matters to alien or nonimmigrant alien employees or potential employees without compensation from the individuals to whom such nonlegal advice in conjunction with immigration assistance is provided. (b) Any person who provides or offers immigration assistance and is not exempted pursuant to this Code section 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. Each language shall be on a separate sign. 5116 JOURNAL OF THE SENATE Signs shall be posted in a location where the signs will be visible to clients. 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.' (c) Every person engaged in immigration assistance that is not an attorney and that advertises immigration assistance in a language other than English shall include conspicuously in such advertisement the following notice in English and the language in which the advertisement appears: '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 shall include substantially the same message. (d) Any person who provides or offers immigration assistance that is not exempted pursuant to this Code section shall not, in any document identifying such person as an immigration assistance provider, 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. (e) A person engaged in providing immigration assistance that is not exempted pursuant this Code section as a licensed attorney shall not: (1) Refuse to return documents supplied by, prepared on behalf of, or paid for by the client upon the request of the client. Such documents shall be returned upon request even if there is a fee dispute between such person and the client; (2) Represent or advertise, in conjunction with immigration assistance, other titles or credentials, including but not limited to 'notary public' or 'immigration consultant,' that could cause a client to believe that the person possesses special professional skills or is authorized to provide advice on an immigration matter; provided, however, 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 and the term 'notary public' is not translated to another language; or (3) Provide materially false or misleading information in an application for licensure or renewal of a license. 43-20A-7. (a) The Secretary of State may assess civil penalties against any individual or entity that he or she finds to have violated this chapter in an amount of up to $1,000.00 per violation not to exceed $50,000.00. A civil penalty assessed pursuant to this Code section shall be in addition to any other appropriate civil or criminal penalties. (b) Any person that suffers injuries or damages as a result of the unlawful practice of immigration assistance shall have a cause of action against the person or entity that provided the unlawful immigration assistance. (c) The Secretary of State shall issue rules and regulations not inconsistent with this chapter for the implementation, administration, and enforcement of this chapter. 43-20A-8. (a) The Secretary of State shall maintain all documents filed with the Secretary of State FRIDAY, APRIL 4, 2008 5117 pursuant to this chapter in their original form or by copy. (b) All documents filed with the Secretary of State pursuant to a subpoena, an order, or a notice to produce issued by the Secretary of State or any records or documents produced relating to an investigation pursuant to Code Section 43-20A-15 may be destroyed by order of the Secretary of State once the investigative file is closed, if a demand for return is not made by the person producing such records at the time he, she, or it produces the records. (c) Any reproduction of any original writing or record filed with, or maintained by, the Secretary of State, or other filing depository designated by the Secretary of State, shall be deemed to have been made in the regular course of business. Such reproduction shall be subject to certification. (d) All immigration assistance providers who are licensed or required to be licensed with the Secretary of State shall preserve records documenting compliance pursuant to this chapter for at least three years from the date such records were produced. Immigration assistance providers shall preserve client records that contain certain necessary information in a manner to be determined by the Secretary of State. Such records shall be subject to reasonable periodic or special inspections by the Secretary of State. An inspection may be made at any time and without prior notice. The Secretary of State may copy and remove any record the Secretary of State reasonably considers necessary or appropriate to conduct the inspection. 43-20A-9. (a) Any immigration assistance provider shall report in writing immediately to the Secretary of State if: (1) He or she has been made or is the subject of any disciplinary, administrative, civil, or criminal action; and (2) He or she has been served in any civil complaint or arbitration filed alleging fraud or any violation of any local, state, or federal law. (b) The immigration assistance provider shall provide to the Secretary of State a copy of any notice, order, pleading, indictment, accusation, or similar legal document relating to an action subject to subsection (a) of this Code section that he or she has in his or her possession. 43-20A-10. The Secretary of State shall be authorized to charge a license fee, license renewal fee, or similar fee and may establish the amount of the fee to be charged. Each fee shall be reasonable and shall be determined in such a manner that the total amount of fees charged by the Secretary of State shall approximate the total of the direct and indirect costs to the state of the operations involved in the issuance of a license. Fees may be refunded for good cause, as determined by the Secretary of State. 43-20A-11. Should material events or developments occur after a person has been granted a license 5118 JOURNAL OF THE SENATE pursuant to this chapter, such person shall amend the license application submitted pursuant to Code Section 43-20A-4 by adding statements of fact that developed, or became known, after the effective date of such application and by deleting statements of fact that, because of such developments, may be misleading. Such additions and deletions shall be filed with the Secretary of State not more than 30 days after their occurrence. 43-20A-12. (a) As used in this Code section, the term 'service member' means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of 90 days or longer. (b) Any service member whose license issued pursuant to this chapter expires while such service member is serving on active duty outside the state shall be permitted to practice as an immigration assistance provider in accordance with such expired license and shall not be charged with a violation of this chapter related to practicing as an immigration assistance provider with an expired license for a period of six months from the date of his or her discharge from active duty or reassignment to a location within the state. Any such service member shall be entitled to renew such expired license without penalty within six months after the date of his or her discharge from active duty or reassignment to a location within the state. Such service member shall present to the Secretary of State either a copy of the official military orders or a written verification signed by the service members commanding officer in order for the Secretary of State to waive any charges. 43-20A-13. For the purposes of investigating violations of this chapter, the Secretary of State shall be authorized to employ investigators pursuant to Code Section 43-1-5. 43-20A-14. Notwithstanding the provisions of Code Section 43-1-19, the Secretary of State shall be authorized to provide to any lawful licensing authority of this or any other state, upon inquiry by such authority, information regarding a past or pending investigation of or disciplinary sanction against any applicant for licensure. Nothing in this chapter shall be construed to prohibit or limit the authority of the Secretary of State to disclose to any person or entity information concerning the existence of any investigation for unlicensed practice being conducted against any person who is neither licensed nor an applicant for licensure. 43-20A-15. (a) The Secretary of State shall be authorized to issue a formal order of investigation. Such order shall commence an investigation to determine whether any person is in violation of this chapter or to aid in the enforcement of this chapter. FRIDAY, APRIL 4, 2008 5119 (b) The Secretary of State shall be authorized to take any administrative action authorized by law to enforce the provisions of this chapter. The Secretary of State shall be authorized to transmit a civil or criminal referral investigative report and evidence of violations of this chapter to any prosecuting attorney or to the Attorney General, who may, at his or her individual discretion, institute any necessary civil or criminal proceedings. (c) Notwithstanding any other provision of this chapter, an emergency order pursuant to this Code section shall be effective on the date of issuance, provided that: (1) The Secretary of State deems that the public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in the emergency order, in which case the order may be effective immediately pending proceedings, which shall be promptly instituted; or (2) The order is expressly required, by a judgment or a statute, to be made without the right to a hearing or continuance of any type. (d) Upon issuance of the notice and proposed order, pursuant to this Code section, the Secretary of State shall promptly serve each person subject to the order with a copy of the notice and proposed order. The order shall include a statement of any administrative sanctions that the Secretary of State will seek, a statement of the reasons for the order, and notice that, upon the request by any respondent named in the emergency order, a hearing will be promptly scheduled pursuant to the provisions of Code Sections 50-1318 and 50-13-41. Hearings shall be conducted by the Office of State Administrative Hearings pursuant to Chapter 13 of Title 50. If a person subject to the order does not request from the Office of State Administrative Hearings a hearing within 30 days after the date of service of the notice and proposed order, the order shall become final as to that person by operation of law. If any person subject to the emergency order requests a hearing, or is ordered by the Secretary of State, after notice and opportunity for hearing has been served upon each person subject to the emergency order, the Secretary of State may modify, vacate, or extend the emergency order any time prior to a final determination. 43-20A-16. (a) The Secretary of State shall order the discipline, denial, suspension, or revocation of license issued pursuant to this chapter, if the Secretary of State finds that the order is in the public interest and that such person: (1) Has filed an application for licensure with the Secretary of State which, as of its effective date or any date after filing in the case of an order denying effectiveness, contained a statement that was, in light of the circumstances under which it was made, false with respect to a material fact in the application; (2) Has violated or failed to comply with any provisions of this chapter; (3) Is the subject of an adjudication or determination, after notice and opportunity for hearing, within the last five years by any government agency or administrator of another state or a court of competent jurisdiction that the person has willfully violated the law of another state, but only if the acts constituting the violation of that states 5120 JOURNAL OF THE SENATE law would constitute a violation of this chapter had the acts occurred in this state; (4) Has been convicted of any felony in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph and paragraph (5) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (5) Within the last ten years has been convicted of a felony or misdemeanor involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States, the record of conviction being conclusive evidence of conviction, which the Secretary of State finds: (A) Involves the taking of a false oath, the making of a false report, bribery, perjury, burglary, or conspiracy to commit any of the foregoing offenses; (B) Arises out of the conduct of immigration assistance; or (C) Involves the theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds; (6) Is the subject of an order of the Secretary of State that denies, suspends, or revokes a license from such person other than a license issued pursuant to this chapter; (7) Is the subject of any of the following orders which are effective at the time of the Secretary of States order and were issued within five years before the Secretary of States order: (A) An order by an agency or administrator of another state, a foreign country, or the federal government, entered after notice and opportunity for hearing, that denies, suspends, or revokes a license from such person other than a license issued pursuant to this chapter; (B) A United States Postal Service fraud order; or (C) A cease and desist order entered after notice and opportunity for hearing by the Secretary of State or other state or federal authority; (8) Is determined by the Secretary of State not to be qualified pursuant to this chapter; (9) Violated or conspired to violate this chapter; (10) Engaged in conduct that significantly adversely reflects on the applicants credibility, honesty, or integrity; (11) Has failed to cure any application deficiency within 30 days after being notified by the Secretary of State of a deficiency, but the Secretary of State shall vacate an order pursuant to this paragraph when the deficiency is corrected, unless the applicant has abandoned the application; (12) Has failed to comply with an order for child support as defined by Code Section 19-11-9.3. Notwithstanding the provisions of Chapter 13 of Title 50, the hearings and appeals procedures provided in Code Section 19-6-28.1 or 19-11-9.3, where applicable, shall be the only such procedures required under this subsection; or FRIDAY, APRIL 4, 2008 5121 (13) Has been found by the Secretary of State pursuant to notice by the Georgia Higher Education Assistance Corporation that the applicant for or holder of such license is a borrower in default who is not in satisfactory repayment status as defined in Code Section 20-3-295. Notwithstanding the provisions of Chapter 13 of Title 50, the hearings and appeals procedures provided in Code Section 20-3-295, where applicable, shall be the only such procedures required under this subsection. (b) Prior to issuing an order pursuant to subsection (a) of this Code section, the Secretary of State shall consider: (1) How recently the conduct occurred; (2) The nature of the conduct and the context in which it occurred; (3) The degree of harm imposed upon others; and (4) Any other relevant conduct of the applicant. (c) If the Secretary of State determines that a licensee is no longer in existence or acting as an immigration assistance provider, the subject of an adjudication of incapacity, subject to the control of a trustee, conservator, or guardian, or cannot reasonably be located, the Secretary of State may issue an order that cancels or terminates the license. The Secretary of State may reinstate a canceled or terminated license, with or without hearing, and may make the license retroactive. (d) An order issued pursuant to subsection (a) of this Code section shall constitute a final order, shall be deemed to be in the public interest, and shall not be deemed to constitute findings of fact or conclusions of law related to other persons. The entry of such an order shall not be deemed to be a waiver or estoppel on the part of the Secretary of State from proceeding in individual actions against any persons who may have violated this chapter, nor shall such an order prevent the Secretary of State from bringing individual actions against any persons who have violated this chapter, if such violation was not known to the Secretary of State at the time the order was issued. (e) An order is not a proceeding or enforcement action pursuant to Chapter 13 of Title 50. 43-20A-17. The Secretary of State shall suspend a license issued pursuant to this chapter if reported to the Secretary of State for nonpayment or default or breach of a repayment or service obligation under any federal educational loan, loan repayment, or service conditional scholarship program. Prior to a suspension, the licensee shall be entitled to notice of the Secretary of States intended action and opportunity to appear before the Secretary of State according to procedures set forth by the Secretary of State. A suspension of a license pursuant to this Code section shall not be a contested case under Chapter 13 of Title 50. A license suspended pursuant to this Code section shall not be reinstated or reissued until the person arranges for a written release to be issued by the reporting agency directly to the Secretary of State stating that the person is making payments on the loan or satisfying the service requirements in accordance with an agreement approved by the reporting agency. If such person has continued to meet all other requirements for licensure during the period of suspension, reinstatement of the license 5122 JOURNAL OF THE SENATE shall be automatic upon receipt of the notice and payment of any reinstatement fee which the Secretary of State may impose. 43-20A-18. (a) The Secretary of State may issue a cease and desist order prohibiting a person from violating the provisions of this chapter by engaging in the practice of immigration assistance without a license issued pursuant to this chapter. Such cease and desist order shall become effective immediately upon signature of the Secretary of State and proper notice pursuant to this chapter. (b) The violation of any order issued pursuant to subsection (a) of this Code section shall subject such person violating the order to further proceedings before the Secretary of State, and the Secretary of State shall be authorized to impose a civil penalty not to exceed $500.00 for each transaction constituting a violation thereof. Such civil penalty shall be in addition to any other fines and penalties subject to committing a violation pursuant to this subsection. Each day that a person practices in violation of this subsection shall constitute a separate violation. (c) Nothing in this Code section shall be construed to prohibit the Secretary of State from bringing remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section. 43-20A-19. (a) Where the Secretary of State has issued any order to discipline, deny, suspend, or revoke a license of an applicant or person licensed pursuant to this chapter, he or she shall promptly send to the respondent to such order a notice of opportunity for hearing. Before entering an order refusing to issue a license pursuant to this chapter to any person and after the entering of any order for revocation or suspension, the Secretary of State shall promptly send to such person a notice of opportunity for hearing. (b) Notices of opportunity for hearing shall be served personally by investigators appointed by the Secretary of State, sent by registered or certified mail or statutory overnight delivery, return receipt requested, to the addressees business mailing address or residential address as shown on the licensees application, or directed for service to the sheriff of the county where such person resides or is found; and such notice shall state: (1) The order which has issued or which is proposed to be issued; (2) The ground for issuing such order or proposed order; (3) A statement of the right of any party to subpoena witnesses and documentary evidence through the Secretary of State; (4) That the person to whom such notice is sent will be afforded a hearing in accordance with the Code Sections 50-13-18 and 50-13-41; and (5) Contested cases shall be heard by the Office of State Administrative Hearings pursuant to Chapter 13 of Title 50. (c) If the Secretary of State does not receive a request for a hearing within the prescribed time, he or she may permit an order previously entered to remain in effect or FRIDAY, APRIL 4, 2008 5123 may enter a proposed order. If a hearing is requested and conducted as provided in this Code section, the Secretary of State shall issue a written order which shall set forth his or her findings and conclusions of laws with respect to the matters involved. 43-20A-20. Any individual licensed pursuant to this chapter who is convicted under the laws of this state, the United States, or any other state, territory, or country of a felony shall be required to notify the appropriate licensing authority of the conviction within ten days of the conviction. 43-20A-21. 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." SECTION 16. Said title is further amended by revising Code Section 43-24A-12, relating to license by reciprocity relative to massage therapists, as follows: "43-24A-12. Any applicant for a license by reciprocity as a massage therapist must submit a completed application upon a form and in such manner as the board prescribes, accompanied by applicable fees, and evidence satisfactory to the board that: (1) The applicant is at least 18 years of age; (2) The applicant is of good moral character. For purposes of this paragraph, 'good moral character' means professional integrity and a lack of any conviction for acts involving moral turpitude where the underlying conduct relates to the applicants fitness to practice massage therapy; (3) The applicant agrees to provide the board with any and all information necessary to perform a criminal background check and expressly consents and authorizes the board or its representative to perform such a check; and (4) The applicant is currently licensed as a massage therapist in another jurisdiction, state, or territory of the United States or foreign country which requires standards for licensure considered by the board to be equivalent to the requirements for licensure under this chapter. Reserved." SECTION 17. Said title is further amended by revising paragraph (4) of Code Section 43-24A-13, relating to license by endorsement relative to massage therapists, as follows: "(4) The applicant is either: (A) Is currently licensed as a massage therapist in another jurisdiction, state, or territory of the United States or foreign country which requires standards for licensure considered by the board to be equivalent to the requirements for licensure under this chapter; or 5124 JOURNAL OF THE SENATE (B) Has current certification by the National Certification Board for Therapeutic Massage and Bodywork or an equivalent certification approved by the National Commission for Certifying Agencies." SECTION 18. Said title is further amended by revising paragraph (2) of Code Section 43-33-12, relating to requirements for license to practice physical therapy, as follows: "(2) Has satisfactorily passed an examination prepared or approved by the board and has acquired any additional education and training required by the board; and" SECTION 19. Said title is further amended by revising Code Section 43-33-15, relating to reciprocity relative to licenses of physical therapists, as follows: "43-33-15. The board may grant to a person licensed in another state or territory of the United States full privileges to engage in equivalent practice authorized by this chapter without taking an examination, provided: (1) That such person is properly licensed under the laws of another state or territory or the United States; and (2) That the requirements for licensing in such other state or territory of the United States are substantially equal to the requirements for a similar license in this state. The board may, in its discretion, waive the examination provided for in paragraph (2) of Code Section 43-33-12 and may, subject to the provisions under Code Sections 4333-18 and 43-33-19, grant to a person licensed in another state or territory of the United States full privileges to engage in an equivalent practice authorized by this chapter to any person who has qualifications the board determines to be the substantial equivalent of the qualifications described under paragraph (1) of Code Section 43-33-12 and who is properly licensed under the laws of another state or territory of the United States; provided, however, that the license held by such person was issued after an examination which, in the judgment of the board, is the equivalent of the standards established by the board. In waiving the examination requirement, the board may required additional education or training." SECTION 20. Said title is further amended by revising subsection (b) of Code Section 43-50-40, relating to renewal of licenses and registrations, reinstatement, waiver of fee, continuing education, and inactive status relative to veterinarians and veterinary technicians, as follows: "(b) Any person who shall practice veterinary medicine or veterinary technology after the expiration of his or her license or registration and willfully or by neglect fail to renew such license or registration shall be practicing in violation of this article, provided that any person may renew an expired license or registration within one year of the date of its expiration the period established by the division director in accordance FRIDAY, APRIL 4, 2008 5125 with Code Section 43-1-4 by making written application for renewal and paying the current renewal fee plus all delinquent renewal applicable fees. After one year has elapsed from the date of the expiration the time period established by the division director has elapsed, such license or registration may be reinstated in accordance with the rules of the board." SECTION 21. Sections 2 through 10 of this Act shall become effective on July 1, 2009. The remaining sections of this Act shall become effective on July 1, 2008. SECTION 22. All laws and parts of laws in conflict with this Act are repealed. Senator Chance of the 16th moved that the Senate adopt the Conference Committee Report on HB 1055. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Balfour (PRS) Y Brown Y Bulloch Y Butler Y Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones E Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1055. The President resumed the Chair. 5126 JOURNAL OF THE SENATE The following bill was taken up to consider the Conference Committee Report thereto: SB 153. By Senator Hill of the 32nd: 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 for the development of consumer driven health insurance plans by the Commissioner of Insurance; to allow such plans to include wellness and health promotion programs; to provide that such programs shall not be considered unfair trade practices; to provide for related matters; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on SB 153 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 153 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Hill of the 32nd /s/ Senator Hudgens of the 47th Senator Seabaugh of the 28th Representative Meadows of the 5th /s/ Representative Knox of the 24th /s/ Representative Maxwell of the 17th COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 153 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 for legislative intent; to provide an exemption from insurance premium taxes for certain insurance products; to change the minimum number of employees required to be covered under an insurance contract or contracts held by a corporation or trustee; to provide for the Commissioner of Insurance to adopt policies to promote, approve, and encourage health savings account eligible high deductible plans in Georgia; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in such plans; to provide for certain requirements for such plans; to provide for health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses under certain circumstances; to provide for related matters; to provide for applicability and effective dates; to repeal conflicting laws; and for other purposes. FRIDAY, APRIL 4, 2008 5127 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new 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) For all taxable years beginning on or after January 1, 2009, insurers shall be exempt from otherwise applicable state premium taxes as provided for in subsection (a) of this Code section on premiums paid by Georgia residents 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 2. Said title is further amended by adding a new subsection (a.1) in Code Section 33-8-8.1, relating to county and municipal corporation taxes on life insurance companies, to read as follows: "(a.1) For all taxable years beginning on or after January 1, 2009, insurers shall be exempt from otherwise applicable local premium taxes as provided for in subsection (b) of this Code section on premiums paid by Georgia residents 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. The provisions of this subsection shall expire on January 1, 2015, unless the General Assembly acts to extend these provisions." SECTION 3. Said title is further amended by adding a new subsection (a.1) in Code Section 33-8-8.2, relating to amount and method of computing local insurance premium taxes on insurance companies other than life insurance companies, to read as follows: "(a.1) For all taxable years beginning on or after January 1, 2009, insurers shall be exempt from otherwise applicable local premium taxes as provided for in subsection (a) of this Code section on premiums paid by Georgia residents 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. The provisions of this subsection shall expire on January 1, 2015, unless the General Assembly acts to extend these provisions." SECTION 4. Said title is further amended by revising paragraph (5) of subsection (a) of Code Section 33-24-6, relating to consent of an insured to an insurance contract and exceptions, as follows: "(5) A corporation not described in paragraph (4) of this subsection may effectuate insurance upon its employees in whom it has an insurable interest, and a trustee of a trust established by a corporation providing life, health, disability, retirement, or similar benefits may effectuate insurance upon employees for whom such benefits are 5128 JOURNAL OF THE SENATE to be provided, if the insurance contract or contracts held by the such corporation or the trustee cover at least 100 two employees. For purposes of this paragraph, any employee of a group of corporations consisting of a parent corporation and its directly or indirectly owned subsidiaries shall be considered to be an employee of each corporation within the that group; or". SECTION 5. Said title is further amended by striking Chapter 51 in its entirety and inserting in lieu thereof a new Chapter 51 to read as follows: "CHAPTER 51 33-51-1. This chapter shall be known and may be cited as the 'Georgia Affordable HSA Eligible High Deductible Health Plan.' 33-51-2. It is the intent of the General Assembly: (1) To authorize the Commissioner to establish flexible guidelines for health savings account eligible high deductible plan designs which will be affordable to Georgians and to increase the availability of these types of plans by accident and sickness insurers licensed to transact such insurance in this state; (2) To encourage the offering of affordable health savings account eligible high deductible plans, as required under the rules of the federal Internal Revenue Service related to the establishment of health savings accounts, with the specific intent of reaching many otherwise uninsured Georgians and the general intent of creating affordable comprehensive health insurance for all Georgians; and (3) To enhance the affordability of insurance with the flexible health savings account eligible high deductible plans allowed under this chapter by allowing rewards and incentives for participation in and adherence to health behaviors that recognize the value of the personal responsibility of each citizen to maintain good health, seek preventative care services, and comply with approved treatments. 33-51-3. (a) The Commissioner shall develop flexible guidelines for coverage and approval of health savings account eligible high deductible plans which are designed to qualify under federal and state requirements as high deductible health plans for use with health savings accounts which comply with federal requirements under the applicable provisions of the federal Internal Revenue Code for high deductible health plans sold in connection with health savings accounts. (b) The Commissioner shall be authorized to encourage and promote the marketing of health savings account eligible high deductible plans by accident and sickness insurers in this state; provided, however, that nothing in this Code section shall be construed to authorize the sale of insurance in violation of Chapter 3 of this title or interstate sales FRIDAY, APRIL 4, 2008 5129 of insurance. (c) The Commissioner shall be authorized to conduct a national study of health savings account eligible high deductible plans available in other states and to determine if and how these products serve the uninsured and if they should be made available to Georgians. (d) The Commissioner shall be authorized to develop an automatic or fast track approval process for health savings account eligible high deductible plans already approved under the laws and regulations of this state or other states. (e) The Commissioner shall be authorized to promulgate such rules and regulations as he or she deems necessary and appropriate for the design, promotion, and regulation of health savings account eligible high deductible plans, including rules and regulations for the expedited review of standardized policies, advertisements and solicitations, and other matters deemed relevant by the Commissioner. 33-51-4. Insurers that include and operate wellness and health promotion programs, disease and condition management programs, health risk appraisal programs, and similar provisions in their high deductible health policies in keeping with federal requirements shall not be considered to be engaging in unfair trade practices under Code Section 33-6-4 with respect to references to the practices of illegal inducements, unfair discrimination, and rebating. 33-51-5. There shall be no required relationship between preferred provider and nonpreferred provider plan reimbursements for health savings account eligible high deductible plans using nonpreferred provider reimbursements. Such plans, however, shall not: (1) Unfairly deny health benefits for medically necessary covered services; (2) Have differences in benefit levels payable to preferred providers compared to other providers that unfairly deny benefits for covered services; (3) Have a plan coinsurance percentage applicable to benefit levels for services provided by nonpreferred providers that is less than 60 percent of the benefit levels under the policy for such services; or (4) Have an adverse effect on the availability or the quality of services. 33-51-6. (a) The Commissioner shall be authorized to allow health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses recognized under the rules of the federal Internal Revenue Service to be approved for sale in connection with or packaged with individual health insurance policies otherwise approved by the Commissioner. (b) Health reimbursement arrangement only plans that are not sold in connection with or packaged with individual health insurance policies shall not be considered insurance under this title. 5130 JOURNAL OF THE SENATE (c) Individual insurance policies offered or funded through health reimbursement arrangements shall not be considered employer sponsored or group coverage for purposes of this title, and nothing in this Code section shall be interpreted to require an insurer to offer an individual health insurance policy for sale in connection with or packaged with a health reimbursement arrangement or to accept premiums from health reimbursement arrangement plans for individual health insurance policies. 33-51-7. Notwithstanding the provisions of paragraphs (2) and (3) of Code Section 33-51-5, health benefit plans providing incentives for covered persons to use pharmaceutical or dental services of preferred providers shall provide, and clearly indicate, that the payment or reimbursement for a noncontracting provider of covered pharmaceutical or dental services shall be the same as the payment or reimbursement for a preferred provider of covered pharmaceutical or dental services; provided, however, that the health benefit plan shall not be required to make payment or reimbursement in an amount which is greater than the actual fee charged by the provider for such dental or pharmaceutical services." SECTION 6. Sections 1, 2, and 3 of this Act shall become effective on January 1, 2009, and shall be applicable to all taxable years beginning on or after January 1, 2009. The remaining sections of 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 Hill of the 32nd moved that the Senate adopt the Conference Committee Report on SB 153. Senator Thompson of the 33rd asked for a ruling on SB 153, reference Senate Rule 31.4(f). The President ruled that SB 153 needed a fiscal note. Senator Hill of the 32nd withdrew his motion to adopt the Conference Committee Report on SB 153. Senator Pearson of the 51st was excused for business outside the Senate Chamber. The following bill was taken up to consider the Conference Committee Report thereto: HB 670. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the FRIDAY, APRIL 4, 2008 5131 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 wood residuals; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the commissioner 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 Conference Committee Report was as follows: The Committee of Conference on HB 670 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 670 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Mullis of the 53rd /s/ Senator Seabaugh of the 28th /s/ Senator Stoner of the 6th /s/ Representative Sims of the 169th /s/ Representative Royal of the 171st /s/ Representative O'Neal of the 146th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 670 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 revise and change certain provisions regarding state income tax; to provide for income tax credits for wood residuals diverted or transported to renewable biomass qualified facilities for a limited period of time; to provide for income tax credits for clean energy property for a limited period of time; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the Georgia Forestry Commission with respect to the foregoing; 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 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 to read as follows: 5132 JOURNAL OF THE SENATE "48-7-29.13. (a) As used in this Code section, the term: (1) 'Authority' means the Georgia Environmental Facilities Authority. (2) 'Business property' means tangible personal property that is used by the taxpayer in connection with a business or for the production of income and is capitalized by the taxpayer for federal income tax purposes. The term does not include, however, a luxury passenger automobile taxable under Section 4001 of the Internal Revenue Code or a watercraft used principally for entertainment and pleasure outings for which no admission is charged. (3) 'Clean energy property' includes any of the following: (A) Solar energy equipment that uses solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, daylighting, generating electricity, distillation, desalinization, or the production of industrial or commercial process heat, as well as related devices necessary for collecting, storing, exchanging, conditioning, or converting solar energy to other useful forms of energy; (B) Energy Star certified geothermal heat pump systems; (C) Energy efficient projects as follows: (i) Lighting retrofit projects. 'Lighting retrofit project' means a lighting retrofit system that employs dual switching (ability to switch roughly half the lights off and still have fairly uniform light distribution), delamping, daylighting, relamping, or other controls or processes which reduce annual energy and power consumption by 30 percent compared to the American Society of Heating, Refrigerating, and Air Conditioning Engineers 2004 standard (ASHRAE 90.1.2004); and (ii) Energy efficient buildings. 'Energy efficient building' means for other than single-family residential property new or retrofitted buildings that are designed, constructed, and certified to exceed the standards set forth in the American Society of Heating, Refrigerating, and Air Conditioning Engineers 2004 standard (ASHRAE 90.1.2004) by 30 percent; (D) Wind equipment required to capture and convert wind energy into electricity or mechanical power as well as related devices that may be required for converting, conditioning, and storing the electricity produced by wind equipment; and (E) Biomass equipment to convert wood residuals into electricity through gasification and pyrolysis. (4) 'Cost' means: (A) In the case of clean energy property owned by the taxpayer, cost is the aggregate funds actually invested and expended by a taxpayer to put into service the clean energy property; and (B) In the case of clean energy property the taxpayer leases from another, cost is eight times the net annual rental rate, which is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals. (5) 'Installation' means the year in which the clean energy property is put into service and becomes eligible for a tax credit allowed by this Code section. FRIDAY, APRIL 4, 2008 5133 (6) 'Renewable biomass qualified facility' means a renewable biomass qualified facility as defined by the Federal Energy Regulatory Commission which facility meets the open loop biomass standards promulgated pursuant to Section 45 of the Internal Revenue Code. (7) 'Wood residuals' means wood residuals that include land-clearing residue, urban wood residue, and pellets and do not include wood from any United States national forest. (b) A tax credit under this Code section is subject to the following limits: (1) A tax credit is allowed against the tax imposed under this article to a taxpayer for the construction, purchase, or lease of clean energy property that is placed into service in this state between July 1, 2008, and December 31, 2012; provided, however, this credit shall be further subject to the following conditions and limitations: (A) A credit allowed by this Code section shall be taken for the taxable year in which the clean energy property is installed and may be taken against income tax or, if the taxpayer is an insurance company, against gross premium tax; (B) A taxpayer that claims a credit allowed under this subsection shall not be eligible to claim any other credit under this subsection with respect to the same clean energy property; (C) A taxpayer may not take the credit allowed in this subsection for clean energy property the taxpayer leases from another unless the taxpayer obtains the lessors written certification that the lessor will not claim a credit under this subsection with respect to the same clean energy property; and (D) In no event shall the amount of the tax credits allowed by this Code section for a taxable year exceed the taxpayers liability for such taxes. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the installment of the clean energy property occurred. No such credit shall be allowed the taxpayer against prior years tax liability. To claim a credit allowed by this paragraph, the taxpayer shall provide any information required by the authority or department. Every taxpayer claiming a credit under this Code section shall maintain and make available for inspection by the authority or department any records that either entity considers necessary to determine and verify the amount of the credit to which the taxpayer is entitled. The burden of proving eligibility for a credit and the amount of the credit rests upon the taxpayer, and no credit may be allowed to a taxpayer that fails to maintain adequate records or to make them available for inspection; (2) A taxpayer who transports or diverts wood residuals to a renewable biomass qualified facility shall be allowed a credit against the tax imposed by this article in an amount not to exceed the actual amount certified by the Georgia Forestry Commission to the taxpayer. The value of such credit shall be determined on a per tonnage basis. Such certification shall be based upon vouchers provided to the taxpayer by the renewable biomass qualified facility to whom the wood residuals are provided for the purpose of providing bioelectric power to a third party. The Georgia Forestry Commission shall calculate and attribute a dollar value to such wood residuals; 5134 JOURNAL OF THE SENATE (3) In no event shall the total amount of tax credits allowed by this subsection exceed: (A) For calendar year 2008, $2,500,000.00; (B) For calendar year 2009, $2,500,000.00; (C) For calendar year 2010, $2,500,000.00; (D) For calendar year 2011, $2,500,000.00; and (E) For calendar year 2012, $2,500,000.00. (4)(A) A taxpayer seeking to claim any tax credit provided for under this Code section must submit an application to the commissioner for tentative approval of such tax credit. The commissioner shall promulgate the rules and forms on which the application is to be submitted. The commissioner shall review such application and shall tentatively approve such application upon determining that it meets the requirements of this Code section within 60 days after receiving such application. (B) The commissioner shall allow the tax credits on a first come, first served basis. In no event shall the aggregate amount of tax credits approved by the commissioner for all taxpayers under this Code section in a calendar year exceed the limitations specified in paragraph (3) of this subsection; (5) The credit allowed by this subsection shall not exceed the following amounts: (A) For all types of clean energy property placed into service for any purpose other than single family residential, the credit allowed by this subsection may not exceed the lesser of 35 percent of the cost of the clean energy property described in subparagraphs (a)(3)(A) through (a)(3)(C) of this Code section or the following credit amounts for any clean energy property: (i) A ceiling of $500,000.00 per installation applies to solar energy equipment for solar electric (photovoltaic), other solar thermal electric applications, and active space heating, wind equipment, and biomass equipment as described in subparagraphs (a)(3)(A), (a)(3)(D), and (a)(3)(E) of this Code section; (ii) The sum of $100,000.00 per installation applies to clean energy property related to solar energy equipment for domestic water heating as described in subparagraph (a)(3)(A) of this Code section which is certified for performance by the Solar Rating Certification Corporation, Florida Solar Energy Center, or by a comparable entity approved by the authority to have met the certification of Solar Rating Certification Corporation OG-100 or Florida Solar Energy Center-GO-80 for solar thermal collectors; (iii) For Energy Star certified geothermal heat pump systems as described in division (a)(3)(B) of this Code section, the sum of $100,000.00; (iv) For a lighting retrofit project as described in division (a)(3)(C)(i) of this Code section, the sum of $0.60 per square foot of the building with a maximum of $100,000.00; and (v) For an energy efficient building as described in division (a)(3)(C)(ii) of this Code section, the sum of the cost of energy efficient products installed during construction at $1.80 per square foot of the building, with a maximum of $100,000.00; and FRIDAY, APRIL 4, 2008 5135 (B) The following ceilings apply to clean energy property placed in service for single family residential purposes, the lesser of 35 percent of the cost or: (i) The sum of $2,500.00 per dwelling unit applies for clean energy property related to solar energy equipment for domestic water heating as described in subparagraph (a)(3)(A) of this Code section which is certified for performance by the Solar Rating Certification Corporation, Florida Solar Energy Center, or by a comparable entity approved by the authority to have met the certification of Solar Rating Certification Corporation OG-100 or Florida Solar Energy Center-GO-80 for solar thermal collectors, Solar Rating Certification Corporation certification OG-300 or Florida Solar Energy Center-GP-5-80 for solar thermal residential systems, or both; (ii) The sum of $10,500.00 per dwelling unit applies for clean energy property related to solar energy equipment for solar electric (photovoltaic), other solar thermal electric applications, and active space heating as described in subparagraph (a)(3)(A) of this Code section, or to wind as described in subparagraph (a)(3)(B) of this Code section; and (iii) The sum of $2,000.00 per installation for Energy Star certified geothermal heat pump systems applies as described in subparagraph (a)(3)(B) of this Code section; and (6)(A) Where the amount of any credits allowed by this Code section except for the credit under paragraph (2) of subsection (b) of this Code section exceeds the taxpayers liability for such taxes in a taxable year, the excess may be taken as a credit against such taxpayers quarterly or monthly payment under Code Section 487-103. Each employee whose employer receives credit against such taxpayers quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. (B) In no event shall the total amount of the tax credit under paragraph (2) of subsection (b) of this Code section for a taxable year exceed the taxpayers income tax liability. Any unused tax credit shall be allowed the taxpayer against succeeding years tax liability. No such credit shall be allowed the taxpayer against prior years tax liability. (c) The authority and department shall be authorized to adopt rules and regulations to provide for the administration of any tax credit provided by this Code section. Specifically, the authority and department shall create a mechanism to track and report the status and availability of credits for the public to review at a minimum on a quarterly basis. (d) The authority and the department shall provide an annual report of: (1) The number of taxpayers that claimed the credits allowed in this Code section; 5136 JOURNAL OF THE SENATE (2) The cost of business property and clean energy property with respect to which credits were claimed; (3) The type of clean energy property installed and the location; (4) A determination of associated energy and economic benefits to the state; and (5) The total amount of credits allowed." SECTION 2. This Act shall become effective on July 1, 2008. SECTION 3. 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 670. 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones E Me V Bremen Moody Y Mullis Y Murphy Y Orrock E Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton C Stoner Y Tarver N Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 47, nays 3; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 670. The following bill was taken up to consider House action thereto: FRIDAY, APRIL 4, 2008 5137 HB 119. By Representatives Willard of the 49th, Ralston of the 7th, Lindsey of the 54th, Fleming of the 117th, Tumlin of the 38th and others: A BILL to be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials and cost of living adjustments, so as to increase the annual salaries of Supreme Court Justices, Court of Appeals Judges, and superior court judges; to provide for 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 119 (HB119/SCFA/1) by striking "and" from line 3 of page 1 and inserting after "judges" on line 3 of page 1 ", and district attorneys". By striking "and" from line 10 of page 1 and inserting after "(20)" on line 10 of page 1 ", and (21)". By striking the quotation mark at the end of line 18 and inserting: (21) Each district attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107,905.00 123,073.24 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." Senator Harp of the 29th moved that the Senate agree to the House amendment to the Senate substitute to HB 119. 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Y Fort Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones E Me V Bremen Y Moody Y Mullis Y Schaefer Y Seabaugh Y Seay Y Shafer,D Y Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D Y Thomas,R Y Thompson,C 5138 JOURNAL OF THE SENATE Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Murphy Y Orrock E Pearson Y Powell Y Ramsey Y Reed Y Rogers Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Williams On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 119. The following communication was received by the Secretary: Senator Gloria Butler District 55 Suite 420 - C State Capitol Atlanta, GA 30334 Committees: Ethics Health and Human Services Public Safety Regulated Industries and Utilities Rules Urban Affairs April 4, 2008 The State Senate Atlanta, Georgia 30334 Mr. Robert Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Mr. Ewing: I respectfully request a vote reversal on HB 119; from nay to yea. Yours truly, /s/ Gloria Butler Georgia State Senate The following bill was taken up to consider House action thereto: HB 1035. By Representatives Smith of the 129th, Sheldon of the 105th, Floyd of the 147th, Rogers of the 26th, May of the 111th and others: A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official FRIDAY, APRIL 4, 2008 5139 Code of Georgia Annotated, relating to the motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Mullis of the 53rd asked unanimous consent that the Senate adhere to its amendment to HB 1035 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Stoner of the 6th, Balfour of the 9th and Mullis of the 53rd. The President invoked Senate Rule 2-8.3(b) to immediately consider the Conference Committee Report on HB 1035. The following bill was taken up to consider the Conference Committee Report thereto: HB 1035. By Representatives Smith of the 129th, Sheldon of the 105th, Floyd of the 147th, Rogers of the 26th, May of the 111th 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 motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on HB 1035 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1035 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Mullis of the 53rd /s/ Senator Stoner of the 6th /s/ Senator Balfour of the 9th /s/ Representative Smith of the 129th /s/ Representative Sheldon of the 105th /s/ Representative Smyre of the 132nd COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1035 5140 JOURNAL OF THE SENATE 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 provide for a 1 percent sales tax to be used to fund transportation purposes in regional commission areas within the state; to provide for the development of a list of transportation purposes and projects by the regional development commission in cooperation with the Department of Transportation; to provide for an opt out of the plan by the county governing authority in each county within the regional commission area; to provide for the regional commission to pass a resolution calling for a referendum within the participating counties; to provide for the tax to be levied by the participating counties; to provide for the funds collected to be deposited in regional accounts with the Department of Transportation; to provide for the Department of Transportation to implement the contracting and constructing of the transportation projects on the regional lists; to provide for exemptions; to provide for a phase in of the transportation purposes fund in the Department of Transportation; to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to provide for related matters; to provide for a conditional effective date; to provide for 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 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended by adding a new article to read as follows: "ARTICLE 5 48-8-220. (a) As used in this Code section, transportation purposes shall include, but not be limited to, roads, freight and passenger rail, bridges, airports, public transit, buses, seaports, and all accompanying infrastructure and services. (b) In accordance with the provisions of Article IX, Section IV, Paragraph V of the Constitution, on or after July 1, 2009, a sales and use tax of 1 percent, limited to a specified period of time, to fund transportation purposes in a regional commission area may be levied as provided in this Code section. (c) There are created within this state special transportation districts. The geographical boundary of each regional commission area, as defined in Article 2 of Chapter 8 of Title 50, shall correspond with and shall be conterminous with the geographical boundary of one of the special transportation districts. When the levy of a regional area transportation tax is authorized according to the procedures of this Code section, the counties within the special transportation district shall levy a sales and use tax. The tax under this Code section shall be collected by the Department of Revenue and deposited with the Department of Transportation to be expended within the special transportation FRIDAY, APRIL 4, 2008 5141 district and shall be levied within such special transportation district only upon approval by a majority of the qualified voters residing within the limits of the special transportation district, as tabulated by a district-wide vote, voting in a referendum thereon. (d) Prior to calling for the referendum authorized by this Code section, the regional commission shall create, in cooperation with the Department of Transportation, a list of transportation purposes to be funded within the special transportation district. The formulation of the list of transportation purposes shall conform to federal transportation law where applicable. In order to be approved, the list shall receive a majority vote of the publicly elected members of the regional commission. In addition, and also by a majority vote, the regional commission shall determine the maximum period of time the tax shall be levied, and the maximum cost of such projects for transportation purposes. The proposal shall then be submitted for approval to each county governing authority within the regional commission area. Each county governing authority shall have 45 days from the time the list is approved by the regional commission to vote to opt out of the special transportation district for purposes of levying the tax authorized by this Code section. In order for a county governing authority to opt out of the special transportation district, a majority vote of the county governing authority shall be required. If any county governing authority opts out of the proposal, any of the other county governing authorities in the regional commission area shall have 15 days in which to reconsider voting to opt out, at the discretion of the county governing authority. If a county governing authority opts out of the special transportation district, no referendum shall be held in that county and no tax under the provisions of this Code section shall be levied in that county. The counties that do not opt out of the special transportation district, within the time limits prescribed in this Code section, shall be the taxing authorities for purposes of any tax under the provisions of this Code section. (e) After the votes to opt out are completed by the county governing authorities, the regional commission, in cooperation with the Department of Transportation, may revise the list of transportation purposes, if necessary, to amend any projects on the list that were planned in a county that has elected to opt out of the special transportation district. Upon the completion of the revision of the list, the regional commission may, upon a majority vote of the publicly elected members, pass a resolution calling for a referendum of the qualified voters voting on the referendum in the participating counties in the special transportation district to approve or disapprove of the levy of the tax provided for in this Code section. (f) Except as otherwise provided in this Code section, the procedures for conducting the referendum on the question of imposing the tax and for submitting the question again to the voters in the event the tax is not approved shall correspond generally to the procedures provided for by Part 1 of 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. 5142 JOURNAL OF THE SENATE (g) A resolution by the regional commission calling for the levy of the tax and the ballot submitting the question of the levy of the tax to the voters of the special transportation district shall describe: (1) The specific transportation purposes to be funded; (2) The approximate cost of such projects for transportation purposes, the total cost of which 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, for which the tax may be levied. (h) If the tax provided for in this Code section is approved by a majority of the voters in the special transportation district, the tax shall be levied by the participating counties in the special transportation district. The funds received from the tax shall be collected by the Department of Revenue and deposited in accounts managed by the Department of Transportation that are divided according to the special transportation district from which the funds were collected. Under the authority of Article IX, Section IV, Paragraph V of the Constitution, these funds shall be used for transportation purposes and projects on the list approved by the voters in the special transportation district. The Department of Transportation shall be responsible for designing, planning, and contracting for the construction of the projects. (i) Nothing in this Code section shall prohibit counties and municipalities located in the special transportation district from imposing as additional taxes local sales and use taxes authorized by general law. (j) The tax imposed pursuant to this Code section 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. (k) The tax imposed pursuant to this Code section shall not apply to and shall not be levied on: (1) The sale or use of any type of fuel used for off road heavy-duty equipment, off road farm or agricultural equipment, locomotives, aircraft, or watercraft; (2) The sale or use of fuel that is used for propulsion of motor vehicles on the public highways. For purposes of this paragraph, a motor vehicle means a self-propelled vehicle designed for operation or required to be licensed for operation upon the public highways; (3) The sale or use of tangible personal property used in the production or generation of energy; or (4) The sale or use of energy used in the manufacturing or processing of tangible goods primarily for resale. (l) Except as otherwise specifically provided in this Code section, the tax imposed pursuant to this Code section shall be subject to any sales and use tax exemption which is otherwise imposed by general law; provided, however, that the tax imposed pursuant to this Code section shall be levied on the sale of food or beverages as provided for in paragraph (57) of Code Section 48-8-3. (m) The tax imposed pursuant to this Code section shall only be levied on the first FRIDAY, APRIL 4, 2008 5143 $5,000.00 of any transaction subject to the tax. (n) An amount equal to not less than 100 percent of the total amount of proceeds collected in a special transportation district shall be expended within that special transportation district on transportation purposes as approved in the referendum of the voters in the special transportation district and shall not be subject to any existing fund allocation or distribution requirements. (o) The Department of Transportation shall conduct continuing studies and monitoring of the status of economic parity throughout the State of Georgia for the contracting of transportation projects with particular emphasis on the procurement practices of the department. 48-8-221. The phase in of the transfer of a portion of the sales and use tax on motor fuels to the fund in the Department of Transportation to be designated solely for transportation purposes, provided for in Article III, Section IX, Paragraph VI(b)(2) of the Constitution, shall be as follows: (1) As of July 1, 2010, 50 percent of the applicable amount collected in the previous fiscal year shall be transferred to the transportation purposes fund; and (2) As of July 1, 2011, and annually thereafter, 100 percent of the applicable amount collected in the previous fiscal year shall be transferred to the transportation purposes fund." SECTION 2. Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, is amended by revising subparagraphs (A) and (B) of paragraph (10) of subsection (b) as follows: "(10)(A) During the period of July 1, 2006 2008, through June 30, 2008 2010, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for public mass transit vehicles which are owned by 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 vehicles are used exclusively for revenue generating purposes which motor fuel sales occur at bulk purchase facilities approved by the department. (B) During the period of July 1, 2006 2008, through June 30, 2008 2010, 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." SECTION 3. Section 1 of this Act shall become effective on January 1, 2009; provided, however, that 5144 JOURNAL OF THE SENATE this Act shall only become effective on January 1, 2009, upon the ratification of a resolution at the November, 2008, state-wide general election, which resolution amends the Constitution so as to authorize additional funding sources for transportation purposes. If such resolution is not so ratified, Section 1 of this Act shall not become effective and shall stand repealed in its entirety on January 1, 2009. Section 2 of this Act shall become effective on July 1, 2008. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd moved that the Senate adopt the Conference Committee Report on HB 1035. 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 Carter N Chance N Chapman N Cowsert Y Davenport N Douglas Y Fort N Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Hawkins N Heath Y Henson N Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Jackson N Johnson Y Jones E Me V Bremen N Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell Y Ramsey Y Reed N Rogers Schaefer N Seabaugh Y Seay N Shafer,D Smith N Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S N Tolleson Y Unterman Y Weber N Wiles N Williams On the motion, the yeas were 31, nays 20; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1035. The following resolution was taken up to consider House action thereto: SR 996. By Senators Weber of the 40th, Reed of the 35th, Thompson of the 5th, Balfour of the 9th, Moody of the 56th and others: A RESOLUTION proposing an amendment to the Constitution so as to FRIDAY, APRIL 4, 2008 5145 authorize community redevelopment and authorize counties, municipalities, and local boards of education to use tax funds for redevelopment purposes and programs, including the payment of debt service on tax allocation bonds; to provide for submission of this amendment for ratification or rejection; and for other purposes. The House substitute was as follows: A RESOLUTION Proposing an amendment to the Constitution so as to authorize community redevelopment and authorize counties, municipalities, and local boards of education to use tax funds for redevelopment purposes and programs, including the payment of debt service on tax allocation bonds; 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 IX, Section II, Paragraph VII is amended by adding a new subparagraph and by revising subparagraph (b) to read as follows: "(a.1) The General Assembly may authorize any county, municipality, or housing authority to undertake and carry out community redevelopment. (b) The General Assembly is also 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. Such general law may authorize the use of county, municipal, and school tax funds, or any combination thereof, to fund such redevelopment purposes and programs, including the payment of debt service on tax allocation bonds, notwithstanding Section VI of Article VIII or any other provision of this Constitution and regardless of whether any county, municipality, or local board of education approved the use of such tax funds for such purposes and programs before January 1, 2009. No county, municipal, or school tax funds may be used for such purposes and programs without the approval by resolution of the applicable governing body of the county, municipality, or local board of education. No school tax funds may be used for such purposes and programs except as authorized by general law after January 1, 2009; provided, however, that any school tax funds pledged for the repayment of tax allocation bonds which have been judicially validated pursuant to general law shall continue to be used for such purposes and programs. 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 5146 JOURNAL OF THE SENATE 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 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. 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 community redevelopment and authorize counties, municipalities, and ( ) NO local boards of education to use tax funds for redevelopment purposes and programs?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Senator Weber of the 40th moved that the Senate agree to the House substitute to SR 996. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour N Brown Y Bulloch N Butler Carter N Chance N Chapman N Cowsert Y Davenport N Douglas N Fort N Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson N Johnson Y Jones E Me V Bremen Y Moody Mullis Y Murphy Y Orrock Y Pearson N Powell N Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D Smith N Staton Y Stoner N Tarver N Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber Y Wiles Y Williams FRIDAY, APRIL 4, 2008 5147 On the motion, the yeas were 35, nays 16; the motion lost, and the Senate did not agree to the House substitute to SR 996. Senator Weber of the 40th moved that the Senate reconsider its action in defeating SR 996. On the motion, the yeas were 33, nays 14; the motion prevailed and SR 996 was reconsidered. Senator Smith of the 52nd was excused for business outside the Senate Chamber. Senator Weber of the 40th moved that the Senate agree to the House substitute to SR 996. 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 Carter Y Chance N Chapman N Cowsert Y Davenport Y Douglas N Fort Y Goggans Y Golden Y Grant E Hamrick Y Harbison Y Harp Y Hawkins Y Heath Y Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Jackson Y Johnson Y Jones E Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson Y Powell N Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Shafer,D E Smith Y Staton Y Stoner Y Tarver N Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 43, nays 8; the motion prevailed, and the Senate agreed to the House substitute to SR 996. The following resolution was taken up to consider the Conference Committee Report thereto: SR 845. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Wiles of the 37th and others: A RESOLUTION proposing an amendment to the Constitution so as to 5148 JOURNAL OF THE SENATE authorize county governments to propose for approval by the voters of their county a 1 percent sales and use tax to fund the construction of transportation projects; to limit the sales and use tax to a specified period; to provide for adding the proposition to the ballot; to provide for the authority of the General Assembly with respect to enacting by April 1 of the year following enactment a mechanism for expending the funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on SR 845 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SR 845 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Mullis of the 53rd /s/ Senator Stoner of the 6th /s/ Senator Balfour of the 9th /s/ Representative Smith of the 129th /s/ Representative Sheldon of the 105th /s/ Representative Smyre of the 132nd COMMITTEE OF CONFERENCE SUBSTITUTE TO SR 845 A RESOLUTION Proposing an amendment to the Constitution so as to provide for state-wide and regional funding mechanisms for transportation purposes; to provide that an amount equal to the state sales and use tax collected on sales of motor fuels not otherwise exempted by general law shall be appropriated for any or all transportation purposes; to authorize the General Assembly to allocate and specify and direct the use of such funds by general law; to provide for a 1 percent regional local option sales and use tax for a specified period of time to fund specific transportation purposes on a regional basis; to provide for procedures, conditions, and limitations; to provide for other matters relative to the foregoing; 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. The Constitution is amended in Article III, Section IX, Paragraph VI by revising subparagraph (b) as follows: "(b)(1) An amount equal to all money derived from motor fuel taxes received by the state in each of the immediately preceding fiscal years, less the amount of refunds, FRIDAY, APRIL 4, 2008 5149 rebates, and collection costs authorized by law, is hereby appropriated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and maintaining an adequate system of public roads and bridges in this state, as authorized by laws enacted by the General Assembly of Georgia, and for grants to counties by law authorizing road construction and maintenance as provided by law authorizing such grants. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a general appropriations Act; and said sum need not be specifically stated in any general appropriations Act passed by the General Assembly in order to be available for such purposes. However, this shall not preclude the General Assembly from appropriating for such purposes an amount greater than the sum specified above for such purposes. The expenditure of such funds shall be subject to all the rules, regulations, and restrictions imposed on the expenditure of appropriations by provisions of the Constitution and laws of this state, unless such provisions are in conflict with the provisions of this paragraph subparagraph. And provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this state by land, sea, or air or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the executive order of the Governor. (2) Following a phase in period to be determined by the General Assembly by general law, an amount equal to the state sales and use tax collected on sales of motor fuels for the purpose of propelling motor vehicles on the public roads of this state not otherwise exempted by general law on January 1, 2008, shall be placed in a fund managed by the Department of Transportation that is designated solely for transportation purposes. This fund shall be appropriated by the direction of the General Assembly for all transportation purposes, which shall include but not be limited to roads, freight and passenger rail, bridges, airports, public transit, buses, seaports, and all accompanying infrastructure and services. The expenditure of such funds shall be subject to all the rules, regulations, and restrictions imposed on the expenditure of appropriations by provisions of the Constitution and laws of this state, unless such provisions are in conflict with the provisions of this subparagraph; provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction and shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to the lapsing of funds, or to any allocation or balancing of state and federal funds otherwise required by general law. In the event of invasion of this state by land, sea, or air or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the executive order of the Governor." SECTION 2. The Constitution is amended by adding at the end of Article IX, Section IV thereof a new Paragraph V to read as follows: "Paragraph V. Regional Local Option Transportation Tax. (a) The General Assembly 5150 JOURNAL OF THE SENATE is authorized to provide by general law for a 1 percent regional local option transportation sales and use tax to fund transportation purposes. Such general law shall provide for the manner and method of imposing the tax and shall provide for all of the following with respect to such tax: (1) The duration and exemptions; (2) The levy of such tax by the county governing authority participating in a special transportation district if approved in a referendum; (3) The qualifying transportation purposes, which shall include but not be limited to roads, freight and passenger rail, bridges, airports, public transit, buses, seaports, and all accompanying infrastructure and services; (4) The management and expenditure of the funds collected under any tax levied pursuant to this Paragraph by the Department of Transportation in cooperation with the counties and municipalities participating in the special transportation district; (5) The creation of special transportation districts; (6) That prior to calling for any referendum to levy the tax under this Paragraph, the regional commission, in cooperation with the Department of Transportation and the appropriate local governing authorities in the special transportation district in a process to be determined by the General Assembly by general law, shall develop a list of transportation purposes to be funded within the special transportation district; (7) That all of the funds collected pursuant to levy of the tax under this Paragraph shall be spent on transportation purposes and projects in the special transportation district from which they were collected; and (8) The items, if any, that shall be exempt from any tax levied under this Paragraph. (b) Proceeds from any tax imposed under this Paragraph shall not be state funds but may be received by the Department of Transportation to be held until expended within a special transportation district. Any such proceeds received by the Department of Transportation shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to the lapsing of funds, or to any allocation or balancing of state and federal funds otherwise required by general law. (c) 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." 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 allow that all ( ) NO revenue currently collected from motor fuel taxes be designated to fund transportation and to provide for communities and regions to solve their transportation problems through a referendum?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote FRIDAY, APRIL 4, 2008 5151 "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Senator Mullis of the 53rd moved that the Senate adopt the Conference Committee Report on SR 845. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown Y Bulloch Y Butler N Carter N Chance N Chapman Y Cowsert Y Davenport Y Douglas Fort N Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins N Heath Y Henson Y Hill,Jack N Hill,Judson N Hooks Y Hudgens Y Jackson N Johnson Y Jones E Me V Bremen N Moody Y Mullis Y Murphy Y Orrock Y Pearson N Powell Y Ramsey Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D E Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber N Wiles N Williams On the motion, the yeas were 35, nays 18; the motion lost, and the Senate did not adopt the Conference Committee Report on SR 845. Senator Adelman of the 42nd moved that the Senate reconsider its action in defeating SR 845. There was no objection and the Senate reconsidered SR 845. Senator Mullis of the 53rd moved that the Senate adopt the Conference Committee Report on SR 845. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Brown N Heath Y Henson Y Hill,Jack N Schaefer N Seabaugh Y Seay 5152 JOURNAL OF THE SENATE Y Bulloch Y Butler N Carter N Chance N Chapman N Cowsert Y Davenport Y Douglas Fort N Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Hawkins N Hill,Judson N Hooks Y Hudgens Y Jackson N Johnson Y Jones E Me V Bremen Y Moody Y Mullis Y Murphy Y Orrock Y Pearson N Powell Y Ramsey Y Reed N Rogers N Shafer,D E Smith Y Staton Y Stoner Y Tarver Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Weber N Wiles N Williams On the motion, the yeas were 35, nays 18; the motion lost, and the Senate did not adopt the Conference Committee Report on SR 845. The following bill was taken up to consider House action thereto: SB 342. By Senators Pearson of the 51st, Tolleson of the 20th, Johnson of the 1st, Williams of the 19th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Code Section 2-6-27 of the O.C.G.A., relating to additional powers and duties of the State Soil and Water Conservation Commission, so as to change certain provisions relating to additional powers and duties of the State Soil and Water Conservation Commission; to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to change certain provisions relating to powers of the Environmental Protection Division with respect to federal acts and receipt and expenditure of federal and state appropriations; to provide for issuance of permits, certifications, and other documents relating to construction of new public water supply reservoirs by local government entities; to provide a short title; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT FRIDAY, APRIL 4, 2008 5153 To amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional powers and duties of the State Soil and Water Conservation Commission, so as to change certain provisions relating to additional powers and duties of the State Soil and Water Conservation Commission; to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to change certain provisions relating to powers of the Environmental Protection Division with respect to federal acts and receipt and expenditure of federal and state appropriations; to provide for issuance of permits, certifications, and other documents relating to construction of new public water supply reservoirs by local government entities; to provide a short title; to extensively revise certain provisions relating to water supply; to confer certain powers and duties upon a Water Supply Division of the Georgia Environmental Facilities Authority; to change certain provisions relating to rules and regulations relative to water conservation plans; to change certain provisions relating to permits for withdrawal, diversion, or impoundment of surface waters generally and for farm use; to change certain provisions relating to permits to withdraw, obtaining, or use of ground water; to change certain provisions relating to a policy statement for comprehensive state-wide water management planning, guiding principles, and requirements of plans; to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change the exemption from sales and use tax with respect to certain sales of certain energy efficient products for a limited period of time; to provide for an exemption with respect to certain sales of certain types of water efficient products for a limited period of time; to amend Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Environmental Facilities Authority and the Division of Energy Resources, so as to change certain provisions relating to definitions; to change certain provisions relating to purpose, powers, and duties of the authority; to change certain provisions relating to review of contracts and agreements by the Environmental Protection Division or the Georgia Land Conservation Council; to change certain provisions relating to limitations on issue of bonds; to provide for a Water Supply Division of the authority and its powers and duties; to provide for a Georgia Reservoir Fund; 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: PART I SECTION 1-1. This part shall be known and may be cited as the "Water Conservation and Drought Relief Act." SECTION 1-2. Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional powers and duties of the State Soil and Water Conservation Commission, is amended by revising paragraph (9) to read as follows: 5154 JOURNAL OF THE SENATE "(9) To receive grants from any agency of the United States government or any agency of this state, and to make grants to districts, municipalities, or counties in this state, or other state agencies in order to carry out the: (A) Fund up to 20 percent of the cost of obtaining permits for and constructing improvements to any dam that was originally constructed or financially assisted by the Natural Resources Conservation Service, formerly known as the Soil Conservation Service, of the United States Department of Agriculture; (B) Fund up to 40 percent of the cost of obtaining a permit under Section 404 of the federal Clean Water Act, 33 U.S.C. Section 1344, for the construction of any new public water supply reservoir. In awarding any grants under this subparagraph, the commission shall consider regional effects and water supply yield of the proposed reservoir, anticipated population growth, and local government funding commitment; or (C) Carry out other purposes of this article." SECTION 1-3. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by revising Code Section 12-5-32, relating to powers of the Environmental Protection Division with respect to federal acts and receipt and expenditure of federal and state appropriations, as follows: "12-5-32. The division shall be the water pollution control and surface-water resource management agency of the state for all purposes of any federal water pollution control act or any other federal act within the purview of this article and may: (1) Take all necessary or appropriate action to obtain for the state the benefits of any federal act within the purview of this article; (2) Apply for, receive, and use federal funds made available under any federal act within the purview of this article; (3) Approve projects for which loans or grants under any federal act are made to any municipality, county, or agency of state government or to any private person or entity; (4) Participate through its authorized representatives in proceedings under any federal act within the purview of this article and recommend measures for the reduction of water pollution originating within the state or proper management of the states surface-water resources; and (5) Receive and expend on behalf of the state all funds which are now or which may hereafter become available or allotted to the State of Georgia by virtue of any appropriation or act of Congress or regulation of the federal government, its agencies and instrumentalities, or by virtue of any appropriation by the General Assembly, for water quality control, management, and allocation of the states surface-water resources within the purview of this article, or for any other purpose defined in this article to be administered by the division as provided in this article. The division is authorized to use so much of funds as may be appropriated by the General Assembly for the purpose of matching federal grants as may be necessary to secure such grants FRIDAY, APRIL 4, 2008 5155 and derive full advantage to the state of benefits contemplated under the terms of such grants, and to comply with the terms of such grants. This Code section shall not prohibit the State Soil and Water Conservation Commission from exercising its powers under paragraph (9) of Code Section 2-6-27." SECTION 1-4. Said chapter is further amended by adding a new Code section to read as follows: "12-5-483. (a) Upon request of any local government entity that desires to construct a new public water supply reservoir for which permits and certifications under Code Section 12-5-31 and Sections 401 and 404 of the federal Clean Water Act, 33 U.S.C. Sections 1341 and 1344, are required, the division shall make available in a single collection copies of all forms necessary for the purposes of making applications for such permits. (b) The period for granting or denying a permit application provided by subparagraph (c)(1)(A) of Code Section 12-2-2 shall likewise apply to decisions to issue certifications for purposes of Section 401 of the federal Clean Water Act, 33 U.S.C. Section 1341, justifications of need, and minimum instream flow certifications for construction of a new public water supply reservoir by a local government entity; and such shall be issued simultaneously to a local government entity that is a qualified applicant. (c) The division shall issue an affirmative variance from the requirements of Chapter 7 of this title, consistent with the exemption granted by paragraph (11) of Code Section 12-7-17, to a permittee within seven days after granting the permit and issuing the certifications and documents specified under subsection (b) of this Code section." PART II SECTION 2-1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by revising Article 6, relating to water supply, as follows: "ARTICLE 6 12-5-470. This article shall be known and may be cited as the 'Georgia Water Supply Act of 2008.' 12-5-470.1. (a) The exercise of any powers conferred by this article shall be subject to applicable law governing eminent domain and the allocation and distribution of the waters of the state. (b) Nothing in this article shall alter or abrogate any provisions of this chapter or any rules, regulations, or state-wide or regional water plans pursuant thereto regarding interbasin or intrabasin transfer of waters. (c) Projects provided for by this article shall comply with Article 8 of this chapter and any rules, regulations, or state-wide or regional water plans pursuant thereto. 5156 JOURNAL OF THE SENATE (d) Nothing in this article shall be construed to diminish the full authority and responsibility of the director of the Environmental Protection Division of the department for existing statutory reviews and approvals. 12-5-471. As used in this article, the term: (1) 'Authority' means the Georgia Environmental Facilities Authority created by Code Section 50-23-3. (1)(1.1) 'County' means any county created under the Constitution or laws of this state. (1.2) 'Director' means the director of the division. (1.3) 'Division' means the Water Supply Division of the Georgia Environmental Facilities Authority created by Code Section 50-23-26. (2) 'Environmental services' means the provision, collectively or individually, of water facilities or management services. (3) 'Lease' includes a lease or sublease and may, in the discretion of the department division, be in form and substance an estate for years, usufruct, license, concession, or any other right or privilege to use or occupy. (4) 'Lessee' includes lessee or sublessee, tenant, licensee, concessionaire, or other person contracting for any estate for years, usufruct, license, concession, or other right or privilege referred to in paragraph (3) of this Code section. (5) 'Local government' or 'local governing authority' means any municipal corporation or county, any local water district, or any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of the this state. (6) 'Management services' means technical, administrative, instructional, or informational services provided to any current or potential recipient in, but not limited to, the areas of service charge structure; accounting, capital improvements budgeting or financing; financial reporting, treasury management, debt structure or administration or related fields of financial management; contract or grant administration; management of water systems; and economic development administration or strategies. Management services may be furnished either directly, on-site on site, or through other written or oral means of communication and may consist of reports, studies, presentations, or other analyses of a written or oral nature. (7) 'May' means permission and not command. (8) 'Municipal corporation' or 'municipality' means any city or town in this state. (9) 'Obligation' means any bond, revenue bond, note, lease, contract, evidence of indebtedness, debt, or other obligation of the state or local governments which are authorized to be issued under the Constitution or other laws of this state, including refunding bonds. (10) 'Project' means and includes the acquisition of real property for water reservoirs; the construction and reconstruction or improvement of water reservoirs; the FRIDAY, APRIL 4, 2008 5157 acquisition of real or personal property surrounding water reservoirs or any interest in such property; the acquisition of real or personal property or any interest therein for mitigation of any alteration of environmental resources by the construction of a water reservoir or water supply system; and all necessary and usual water facilities useful for obtaining one or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers, including counties and municipalities for the purpose of resale, inside and outside the territorial boundaries of the users and consumers, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the department to be necessary or convenient for the efficient operation of such type of undertaking, including, but not limited to, the development or expansion of water facilities or systems so as to facilitate transitioning households and businesses served by private wells, septic tanks, and other nonreturning water systems to public water or sewerage systems, thereby promoting water conservation, all for the essential public purpose of providing water facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, industry, agriculture, and employment opportunities. (11) 'Water facilities' means any projects, structures, and other real or personal property acquired, rehabilitated, constructed, or planned for the purposes of supplying, distributing, and treating water and diverting, channeling, or controlling water flow and head, including, but not limited to, surface or ground water, canals, reservoirs, channels, basins, dams, aqueducts, standpipes, penstocks, conduits, pipelines, mains, pumping stations, water distribution systems, compensating reservoirs, intake stations, waterworks or sources of water supply, wells, purification or filtration plants or other treatment plants and works, connections, water meters, mechanical equipment, electric generating equipment, rights of flowage or division, and other plant structures, equipment, conveyances, real or personal property or rights therein and appurtenances, furnishings, accessories, and devices thereto necessary or useful and convenient for the collection, conveyance, distribution, pumping, treatment, storing, or disposing of water. (12) 'Waters of the state' has the meaning provided by Code Section 12-5-22. 12-5-472. (a) The department is authorized to acquire division may acquire, design, construct, equip, operate, maintain, expand, and improve a 'project,' as such term is defined in paragraph (10) of Code Section 12-5-471 project, in whole or in part, directly or under contract with others, including each of the facilities described in said paragraph (10) of Code Section 12-5-471, for the purpose of promoting the use of the projects and the use of the industrial, recreational, commercial, and natural resources of the State of Georgia for the public good and general welfare; and, without limitation of the foregoing, the department division is authorized, with the approval of the State Properties Commission, to acquire land for such purposes; provided, however, that the department 5158 JOURNAL OF THE SENATE division shall not engage in competition for customers for its environmental services with any local government offering or providing similar services. (b)(1) Any project acquired, designed, constructed, equipped, operated, maintained, expanded, or improved by the department division or which is funded by the Georgia Environmental Facilities Authority in whole or in part by the division shall conform to and meet standards and procedures promulgated by the Board of Natural Resources pursuant to specific statutory authorization and direction for watershed and wetlands protection. (2) No such project shall include an electrical generation facility unless such facility does not cause the consumption of water from such reservoir for the generation of such power. (3) The local government or the division shall acquire sufficient land surrounding any reservoir funded in whole or in part by the division or acquired or constructed by the division to protect such reservoir, to provide for future expansion of such reservoir, and to provide passive recreational opportunities on and around such reservoir. No development shall be permitted on any such reservoir or its surrounding lands so acquired other than public development appropriate for such passive uses. The acquisition of such lands shall be a cost of project for purposes of this article, and the division, the authority, and the local government may utilize any funds available to them for such purposes. (4) Any such surrounding lands transferred to the state shall be part of the state park system under the control of the department pursuant to Code Section 12-3-31, and the management of passive recreational uses of any such surrounding lands controlled by the state shall be vested in the Parks, Recreation and Historic Sites Division; except that, where it is not feasible to manage such land as a state park, then such surrounding lands transferred to the state may be managed as wildlife management areas by the Wildlife Resources Division of the department. Any such surrounding lands acquired by a local government shall be a local government park. (5) All uses of any reservoirs funded by the division in whole or in part or acquired or constructed by the division and any surrounding lands acquired by the division or local government or transferred to the state shall be subordinate to the use of such reservoirs for water supply purposes. (6) No motorized vessels other than those being operated by electric motors shall be allowed on any reservoirs funded by the division in whole or in part or acquired or constructed by the division. As used in this paragraph, the term 'vessel' has the meaning provided by Code Section 52-7-3. (c) As a condition precedent to the acquisition or construction of any project, the department shall enter into an agreement with any local government, including any local board of education, which will have property removed from, or converted to taxexempt status in, its ad valorem tax digest or tax base as a result of the acquisition or construction of the project. Each such agreement shall provide that in each year following the year in which the agreement is entered into the department will make payments in lieu of ad valorem taxes to the affected local government with respect to FRIDAY, APRIL 4, 2008 5159 the property removed from, or converted to tax-exempt status in, the local governments tax digest or tax base. The amount of payments to be made in each year shall be determined by applying the local governments ad valorem tax millage rate for that year to the assessed value of the property removed from, or placed in tax-exempt status in, the local governments tax digest or tax base; and for this purpose the assessed value of such property shall be the assessed value as determined for the year prior to the year in which the property is removed from, or placed in tax-exempt status in, the tax digest or tax base. Such assessed value and payments made shall be increased or decreased from year to year thereafter as the value of other property having the same type and use as that of the project property when removed from the digest shall increase or decrease; provided, however, that the department shall have all rights of appeal available as to value pursuant to Code Section 48-5-311. Payments provided for in this subsection shall be made from funds derived by the department and subject to subsection (b) of Code Section 12-5-474 to the extent that such funds are available; and to the extent that such funds are not available payments provided for in this subsection shall be made from any funds appropriated to the department for this purpose, which appropriated sums shall become a cost of the project or its operations. Deficiencies in payments shall accrue from year to year until paid together with interest without penalty as provided by law. (c) The division, in cooperation with the department, shall take all reasonable steps at the earliest practicable date to inventory and survey feasible sites for water reservoirs within the State of Georgia. The director shall present a progress report of such inventory and survey to the legislative oversight committee created by Code Section 12-5-484 not later than October 1, 2008, together with a report describing measures undertaken by the division and the authority to expedite the accomplishment of the purposes of this article. The director shall thereafter report quarterly to such committee on the activities of the division and progress toward the accomplishment of such purposes in such format as may be directed by the cochairpersons of such committee. It is the intent of the General Assembly that the division take all reasonable and practicable steps to expedite the accomplishment of such purposes and that the division utilize its reporting responsibilities to apprise the committee promptly of legal, statutory, or other barriers to expedited accomplishment of such purposes, together with recommended measures to mitigate or avoid such barriers. (d) The division may take all reasonable and practicable steps, in consultation with the Environmental Protection Division of the department, the Department of Transportation, and other appropriate state agencies, to create a wetlands mitigation bank or banks and a stream mitigation bank or banks for the purpose of facilitating the construction of projects. Costs and expenses of such bank or banks shall constitute costs of projects and shall be allocated to projects when appropriate. (e) Costs of projects and other expenses incurred by the division for purposes of this article may be paid from funds made available to the division for such purposes and may be financed or paid by the authority as provided by Article 1 of Chapter 23 of Title 50. 5160 JOURNAL OF THE SENATE 12-5-472.1. (a) The division shall be authorized to assume by intergovernmental contract the responsibility for procuring all permits, licenses, and permissions from the United States of America or any agency or instrumentality thereof; the State of Georgia, its departments, agencies, or authorities; or any county or municipality of this state as necessary or required for the purpose of constructing any projects within this state on behalf of local governments seeking to construct such projects. Such contract may provide for the reimbursement of the division for costs and expenses associated with the procurement of such permits, licenses, and permissions, but such reimbursement shall not be a prerequisite to the assumption by the division of such procurement responsibility, and the division is specifically authorized to delay, mitigate, or waive reimbursement when, in the judgment of the director and the authority, the welfare and best interests of the people of this state are served thereby. The terms of such contract shall provide for the assumption by such local government of such permits, licenses, and permissions at such time as appropriate for the construction of such projects. (b) In discharging its duties and responsibilities pursuant to the terms of this article, and specifically in identifying appropriate sites for projects and procuring permits, licenses, and permissions for projects, whether owned by the division or otherwise, the division shall utilize to the maximum extent practicable the procurement of services from the department and private sector persons and entities qualified to perform such work. It is the intent of General Assembly that the division minimize the hiring of officers and employees for the purposes of this article. (c) The division shall be designated as the principal state agency to cooperate with the Environmental Protection Division of the department, the United States Army Corps of Engineers, and all other federal agencies or instrumentalities in the planning and execution of projects in this state. 12-5-473. The department division shall have the following powers: (1) To acquire, real and personal property of every kind and character by purchase, gift, lease, or otherwise and to own, hold, improve, and use and to use, sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character the same, or any interest therein, for its services, purposes, duties, responsibilities, or functions pursuant to this article; and any local government is authorized to may grant, sell, or otherwise alienate leaseholds, real and personal property, or any interest therein to the department division. Site selection for a project shall be made after consideration of input from local governments to be served by the project; (2) To make all contracts and to execute all instruments necessary or convenient to its services, purposes, duties, responsibilities, or functions pursuant to this article; (3) To accept grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof; the State of Georgia, its departments, agencies, or authorities; or any county or municipality of this state, upon FRIDAY, APRIL 4, 2008 5161 the terms and conditions as may be imposed thereon to the extent the terms and conditions are not inconsistent with the limitations and laws of this state and are otherwise within the power of the department division; (4) To make and execute contracts, lease agreements, and all other instruments necessary to exercise the powers of the department division to further the public purpose for which this article was enacted, such contracts, leases, or instruments to include contracts for construction, operation, management, or maintenance of projects and facilities owned by a local government or by the state or any state authority; and any and all local governments and departments, institutions, authorities, or agencies of the state are authorized to may enter into contracts, leases, agreements, or other instruments with the department division upon such terms and to transfer real and personal property to the state for the use of the department division for such consideration and for such purposes as they deem advisable; (5) To collect fees and charges in connection with its commitments, management services, and servicing, including, but not limited to, reimbursements of costs of financing, as the department division shall determine to be reasonable; (6) To provide advisory, management, technical, consultative, training, educational, and project assistance services to the state and local governments and to enter into contracts with the state and local governments to provide such services. The state and local governments are authorized to may enter into contracts with the department division for such services and to pay for such services as may be provided them; (7) To lease to local governments any state owned facilities or property which the department division is managing under contract with the state; (8) To contract with state agencies or any local government for the use by the department division of any property or facilities or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the department division, and such state agencies and local governments are authorized to may enter into such contracts; (9) To receive and use the proceeds of any tax levied by a local government to pay all or any part of the cost of any project or for any other purpose for which the department division may use its own funds pursuant to this article; (10) To cooperate and act in conjunction with industrial, commercial, medical, scientific, public interest, or educational organizations; with agencies of the federal government and this state and local governments; with other states and their political subdivisions; and with joint agencies thereof, and such state agencies, local governments, and joint agencies are authorized and empowered to may cooperate and act in conjunction, and to enter into contracts or agreements with the department division and local governments to achieve or further the policies of the state declared in this article; and (11) To do all things necessary or convenient to carry out the powers conferred by this title article and to enter into such agreements with the department as are necessary and useful for such purpose. The department is expressly authorized to enter into agreements with the division for such purposes. 5162 JOURNAL OF THE SENATE 12-5-474. (a) The department is authorized to division may fix rentals, fees, prices, and other charges which any user, concessionaire, franchisee, or vendor shall pay to the department division for the use of a project or part thereof or combination thereof, and for the goods and services provided by the department division in conjunction with such use, as the department division may deem necessary or appropriate to provide in connection with such use, and to charge and collect the same. Such rentals, fees, prices, and other charges shall be so fixed and adjusted in respect to the aggregate thereof from a project or any part thereof so as to be reasonably expected to provide a fund sufficient with other revenues of such project and funds available to the department division, if any, to pay the cost of maintaining, repairing, and operating a project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which costs shall be deemed to include the expenses incurred by the department division on account of a project for water, light, sewer, and other services furnished by other facilities at such project. Such fees shall be fixed after consideration of input from local governments served by the project to which the fees pertain. (b) Notwithstanding any other provision of law, the department is authorized to retain all miscellaneous All those funds generated by the operation of the projects for use in the operation and maintenance of those sites and facilities. Any such funds not expended for this purpose in the fiscal year in which they are generated and paid to the division shall be deposited in the Georgia Reservoir Fund established by Code Section 50-23-28 state treasury, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds. (c) The department division may establish the terms and conditions upon which any lessee, sublessee, licensee, user, franchisee, or vendor shall be authorized to use a project as the department division may determine necessary or appropriate; and the department shall require a water conservation plan approved pursuant to rules and regulations prescribed by the Board of Natural Resources, subject to the limitations provided for by this article. 12-5-475. (a) It shall be the duty of the Board of Natural Resources authority, in consultation with the Environmental Protection Division of the department, to prescribe rules and regulations governing the selection of sites for projects. Such rules and regulations shall include, but shall not be limited to, provisions for: (1) The department division to notify in writing a county or municipality when a preliminary determination has been made for the location of a project within any portion of the territorial boundaries of the such county or municipality; (2) Review and comment by the governing authority of a county or municipality receiving a notice provided for in paragraph (1) of this subsection before the FRIDAY, APRIL 4, 2008 5163 department division makes a final determination of the project site; and (3) At least one public hearing within the territorial boundaries of a county or municipality receiving a notice provided for in paragraph (1) of this subsection before the department division makes a final determination of the project site. (b) It shall be the duty of the Board of Natural Resources authority to prescribe rules and regulations for the operation of and governing the use of each project constructed under the provisions of this article. Such rules shall be prescribed after consideration of input from local governments served or to be served by the project to which the rules pertain. The initial plan for the activities for each project, other than for water supply, shall be approved by the Project Site Control Advisory Council. Any subsequent change in the initial plan shall be subject to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 12-5-476. (a) The department is authorized to division may contract with any local government to exercise on behalf of the such local government such responsibility in connection with the planning, design, acquisition, construction, operation, management, and maintenance of a project of such local government, as is now or may be hereafter vested in the local government, and to provide to the local government goods or services of the department division in connection with the planning, design, acquisition, construction, operation, management, and maintenance of any project of the local government, all as the parties to the contract may determine appropriate. Any such local government is shall be authorized by such contract to delegate to the department division all or such goods or services of the department division in connection with the planning, design, acquisition, construction, operation, management, and maintenance of a project as the parties may by contract determine appropriate. (b) Except as otherwise provided in subsection (c) of Code Section 12-5-472 this article, any such contract shall provide that the local government shall reimburse the department division for all of the costs, liabilities, and expenses of the department division incurred by the department division in exercising such powers or providing such goods or services; and the department division shall not directly or indirectly be liable for any liability, cost, or expense incurred by such local government in the acquisition, construction, operation, management, or maintenance of a project. (c) If, in order to accomplish the objectives of this article, it is advisable, in the judgment of the director and the authority, to construct a project that is larger than one which a local government proposes to construct, the division may participate by agreement with such local government in planning, designing, constructing, operating, and maintaining such project and, in so participating, shall finance those costs of the project allocated to the state and such other and further costs as may be agreed upon between the parties, such that the project shall accomplish the maximum water development objectives at a minimum total expenditure. (d) The division shall coordinate with the Environmental Protection Division of the department and local governments for the purpose of producing appropriate and 5164 JOURNAL OF THE SENATE necessary needs analyses for projects. In the event that the director, with the approval of the authority, determines that construction of a project is in the best interests of the people of this state but any affected county or municipality is willing but unable to engage in an appropriate needs analysis, the division may conduct such analysis for and on behalf of such county or municipality, and such analysis shall be the needs analysis of such county or municipality with respect to such project for all purposes. Such needs analysis shall be consistent with water demand projections provided by an applicable regional water development and conservation plan developed pursuant to Article 8 of this chapter, if available. 12-5-476.1. (a) The division and the department may enter into agreements with local governments, setting fees to be paid to the division or the department for the purpose of enabling the division or the department to expedite or enhance the state regulatory process and to provide services voluntarily requested under the agreement with respect to projects. Pursuant to such an agreement, the division or the department may hire additional temporary staff members, contract for services, or provide additional services that are within the powers of the division and the department to provide. Such service costs shall constitute a cost of project for purposes of this article and Chapter 23 of Title 50. As part of an agreement entered into under this subsection, the division and the department may waive all or part of a fee imposed for a service. The division and the department shall not require that a local government pay more for a service under an agreement entered into under this subsection than the cost to the division or the department in providing such service to such local government. (b) The division and the department may enter into agreements with agencies or instrumentalities of the federal government, setting fees to be paid by the division or the department for the purpose of enabling the division or the department to expedite or enhance the federal regulatory process and to provide services requested under the agreement with respect to projects. Pursuant to such agreement, the division and the department may fund the cost of hiring additional temporary staff members, contracts for services, or the provision of additional services for the purposes of this article. Such fees shall constitute a cost of project for purposes of this article and Chapter 23 of Title 50. 12-5-477. The foregoing provisions of this article shall be deemed to provide an additional and alternative method for the doing of things authorized by this article and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing. 12-5-478. This article, being for the welfare of the this state and its inhabitants, shall be liberally FRIDAY, APRIL 4, 2008 5165 construed to effect the purposes hereof. 12-5-479. (a) In the exercise of its powers under this article, the department division may contract with any public entity which shall include the state or any institution, department, or other agency thereof or any county, municipality, school district, or other political subdivision of the state or with any other public agency, public corporation, or public authority, for joint services, for the provision of services, or for the joint or separate use of facilities or equipment with respect to such activities, services, or facilities which the contracting parties are authorized by law to undertake or provide. (b) Pursuant to any such contract, in connection with any facility authorized under this article, the department division may undertake such facility or provide such services or facilities of the department division, in whole or in part, to or for the benefit of the public entity contracting with the department division with respect to those activities, services, or facilities which the contracting public entity is authorized by the Constitution and law to provide, including, but not limited to, those set forth in Article IX, Section III, Paragraph I of the Constitution, and any such contracting public entity is authorized to may undertake to pay the department division for such activities, services, or facilities such amounts and upon such terms as the parties may determine. (c) The state and each institution, department, or other agency thereof or each county, municipality, school district, or other political subdivision of this state and each public agency, public corporation, or public authority is authorized to may contract with the department division in connection with any activity, service, or facility which such public entity is otherwise authorized to provide to obtain the performance of such activity or provision of such services or facilities through the department division. (d) In connection with its operations, the department division may similarly obtain from, and each public entity may provide, such activities, services, or facilities which the department division is authorized to provide. (e) The department shall establish prior to the commencement of each project a Project Water Users Advisory Council and a Project Site Control Advisory Council. The membership of the Project Water Users Advisory Council shall include the chief executive officers, or their designees, of each local government purchasing water from the project. The membership of the Project Site Control Advisory Council shall include the chief executive officers, or their designees, of each local government within which any part of the project is located. The commissioner, or his designee, shall serve as an ex officio member of each advisory council. Each advisory council formed shall meet from time to time as provided by rule and regulation of the Board of Natural Resources and shall elect its own officers and establish such bylaws as its membership may deem appropriate for the conduct of its business. Each Project Water Users Advisory Council shall consult with and advise the department concerning the operation and management of the project for which it was formed. The operation and management of a project shall be subject to the review of the Project Site Control Advisory Council formed for such project. Reserved. 5166 JOURNAL OF THE SENATE (f) A local government by resolution of its governing body may enter into a user agreement for the provision of environmental services utilizing facilities owned by the state upon such terms and conditions as the department division shall determine to be reasonable, including, but not limited to, the reimbursement of all costs of construction and financing and claims arising therefrom. (g) No user agreement shall be deemed to be a contract subject to any law requiring that contracts shall be let only after receipt of competitive bids. (h) Any user agreement directly between the state or department division and a local government may contain provisions requiring the local government: (1) To establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) The costs of operation, maintenance, renewal, and repairs of the water facility; and (B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such water facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such agreement, including amounts for the creation and maintenance of any required reserves; (2) To create and maintain reasonable reserves or other special funds; (3) To create and maintain a special fund or funds as additional security for the punctual payment of any rentals due under such user agreement and for the deposit therein of such revenues as shall be sufficient to pay all user fees and any other amounts becoming due under such user agreements as the same shall become due and payable; or (4) To perform such other acts and take such other action as may be deemed necessary and desirable by the department division to secure the complete and punctual performance by such local government of such lease agreements and to provide for the remedies of the department division in the event of a default by such local government in such payment. 12-5-480. The department division shall be authorized to utilize the financial advisory and construction related services of the Georgia State Financing and Investment Commission with respect to the acquisition, design, planning, and construction of any of the projects. Chapter 22 of Title 50 Code Section 50-22-9 shall be applicable to the selection of persons to provide professional services for any project or any portion thereof authorized by this article until such time as the director, with the approval of the authority and consistent with any state-wide water plan provided pursuant to Article 8 of this chapter, certifies that this state and its local governments have constructed or otherwise acquired sufficient reservoir capacity to meet current and reasonably projected future needs, taking into account projected population growth and historical and anticipated cycles or incidents of drought, whereupon the whole of Chapter 22 of Title 50 shall be applicable. FRIDAY, APRIL 4, 2008 5167 12-5-481. It is found, determined, and declared that the carrying out of the purposes of the department division as defined in this article is in all respects for the benefit of the people of this state and that the purposes are public purposes; that the department division will be performing an essential governmental function in the exercise of the powers conferred upon it by this article; and that the activities authorized in this article will develop and promote trade, commerce, industry, and employment opportunities to the public good and the general welfare and promote the general welfare of the state. 12-5-482. (a) In the event of a failure of any local government to collect and remit in full all amounts due to the department and all amounts due to others, which involve the credit or guarantee of the state or the authority, it shall be the duty of the department to notify the director of the Office of Treasury and Fiscal Services who shall or the duty of the authority to withhold all funds of the state and all funds administered by the state, its agencies, boards, and instrumentalities or all funds of the authority allotted to such local government until such local government has collected and remitted in full all sums due and cured or remedied all defaults, unless such amounts have been waived pursuant to this article. (b) Nothing contained in this Code section shall mandate the withholding of funds allocated to a local government which would violate contracts to which the state or the authority is a party, the requirements of federal law imposed on the state or the authority, or judgments of any court binding the state or the authority. 12-5-483. Any waiver by the division or the department of any costs or fees owed by any local government to the division or the department under this article shall constitute a grant in the amount of such waiver to such local government pursuant to Code Section 50-236 or Article VII, Section III, Paragraph II of the Constitution. 12-5-484. There is created as a joint committee of the General Assembly the Georgia Water Supply Act Legislative Oversight Committee, to be composed of the members of the House Committee on Natural Resources and Environment and the Senate Natural Resources and the Environment Committee. The chairpersons of such committees shall serve as cochairpersons of the oversight committee. The oversight committee shall periodically inquire into and review the operations of the division, as well as periodically review and evaluate the success with which the division is accomplishing its statutory duties and functions as provided in this article. The oversight committee may conduct any independent audit or investigation of the division it deems necessary. SECTION 2-2. Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Environmental Facilities Authority and the Division of Energy Resources, is amended by 5168 JOURNAL OF THE SENATE revising paragraph (12) of Code Section 50-23-4, relating to definitions, as follows: "(12) 'Project' means: (A) The the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of providing environmental facilities and services so as to meet public health and environmental standards, protect the states valuable natural resources, or aid the development of trade, commerce, industry, agriculture, and employment opportunities, including, but not limited to, any project as defined by Code Section 12-5-471; and (B) Projects or projects authorized by the Georgia Regional Transportation Authority created by Chapter 32 of this title as defined in such chapter, where the authority has been directed to issue revenue bonds, bonds, notes, or other obligations to finance such project or the cost of a project in whole or in part, provided that the authoritys power with respect to such projects authorized by the Georgia Regional Transportation Authority shall be limited to providing such financing and related matters as authorized by the Georgia Regional Transportation Authority." SECTION 2-3. Said chapter is further amended by revising paragraphs (30) and (31) of Code Section 5023-5, relating to purpose, powers, and duties of the Georgia Environmental Facilities Authority, and by adding after said paragraphs new paragraphs (31.1) and (31.2), as follows: "(30) To administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to Title VI of the Federal Water Pollution Control Act and Title XIV of the federal Safe Drinking Water Act, as now or hereafter amended, for the purpose of providing assistance to municipalities or counties or any combination thereof or to any public authority or, if authorized by law, any private agency, commission, or institution for construction of treatment works as that term is defined in Section 212 of the federal Clean Water Act of 1977, P.L. 95-217, which are publicly owned. The authority is further authorized to may also administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to Title XIV of the federal Safe Drinking Water Act, as now or hereafter amended, for the purpose of providing assistance to municipalities or counties or any combination thereof or any public or, if authorized by law, any private authority, agency, commission, or institution for the construction of public drinking water works as such term is defined in Section 1401 of the federal Safe Drinking Water Act Amendments of 1986, P.L. 99-339. The authority is further FRIDAY, APRIL 4, 2008 5169 authorized to may also administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to 33 U.S.C.A. Section 1381, et seq., for the purpose of providing financial assistance for any eligible water pollution control project. The authority shall deposit any such funds received from the administrator of the federal Environmental Protection Agency into a separate water pollution control revolving fund or a drinking water revolving fund transferred to the authority from the Environmental Protection Division of the Department of Natural Resources or hereafter established; provided, however, that where appropriate, the authority may deposit funds received from the administrator of the federal Environmental Protection Agency into the Georgia Reservoir Fund established by Code Section 50-23-28. The forms and administration of such funds shall be established by the authority in accordance with federal requirements;" "(31) To contract with the director of the Environmental Protection Division of the Department of Natural Resources for the implementation and operation, in whole or in part, of any drought protection or reservoir program and for the purposes of Article 6 of Chapter 5 of Title 12; and (31.1) To fund, or partially fund, the Georgia Reservoir Fund established by Code Section 50-23-28. Proceeds of any bonds authorized by the General Assembly for the purposes of said Code section, and any repayment of such proceeds after their expenditure, may be deposited in such fund; (31.2) For the purpose of supplementing and extending the ability of the authority to expedite and accommodate the construction of projects, to enter into arrangements, consistent with existing bond indenture and other obligations of the authority, whereby the authority agrees to enter into one or more notes with a financial institution or other lender, the proceeds of which shall be payable to the authority and which constitute an obligation of the authority, together with a companion note or notes on substantially the same terms payable from the authority to a local government, with such companion notes, and the obligation of repayment thereon, pledged as security for the repayment of such notes, on such terms as may be agreeable to the parties thereto; and" SECTION 2-4. Said chapter is further amended by revising Code Section 50-23-9, relating to review of contracts and agreements by Environmental Protection Division or Georgia Land Conservation Council, as follows: "50-23-9. (a) Except as otherwise provided by Article 6 of Chapter 5 of Title 12, the The authority shall not enter into any contract or agreement with any local government with respect to the financing of any environmental facility pursuant to this article, unless the director of the Environmental Protection Division of the Department of Natural Resources, shall have completed all existing statutory reviews and approvals with respect to such project. Nothing in this article shall be construed to diminish the full authority and responsibility of the director of the Environmental Protection Division of 5170 JOURNAL OF THE SENATE the Department of Natural Resources for existing statutory reviews and approvals. (b) The authority shall not enter into any contract or agreement with any local government or the Department of Natural Resources with respect to the financing, by loan or grant, of any community land conservation project or state land conservation project pursuant to Chapter 22 of Title 36 unless the Georgia Land Conservation Council has approved the community land conservation project or state land conservation project and the chairperson has directed the authority to execute the approval decision of the Georgia Land Conservation Council. Nothing in this article shall be construed to diminish the full authority and responsibility of the Georgia Land Conservation Councils existing statutory reviews and approvals." SECTION 2-5. Said chapter is further amended by revising Code Section 50-23-19, relating to limitations on issue of bonds, as follows: "50-23-19. Nothing contained in this article shall permit the authority to issue bonds or revenue bonds at any time when the sum of: (1) The highest aggregate annual debt service requirements for the then current fiscal year or any subsequent fiscal year for outstanding authority bonds or revenue bonds, including the proposed bonds or revenue bonds; and (2) The highest annual debt service requirements for the then current fiscal year or any subsequent fiscal year on general obligation debt of the state issued for authority projects exceeds 1 percent of the total revenue receipts, less refunds, of the state treasury in the fiscal year immediately preceding the year in which any such bond or revenue bond is to be issued; provided, however, that unless the director of the Water Supply Division of the authority has issued the certification provided for by Code Section 12-5-480, the authority, with the approval of the Governor and the commission established by Article VII, Section IV, Paragraph VII of the Constitution, may issue bonds for the purposes of Article 6 of Chapter 5 of Title 12 notwithstanding such limitations." SECTION 2-6. Said chapter is further amended by designating the existing provisions of Article 1 as Part 1 of said article and adding a new part to read as follows: "Part 2 50-23-25. As used in this part, the term 'division' means the Water Supply Division of the Georgia Environmental Facilities Authority created by Code Section 50-23-26. 50-23-26. There is created within the Georgia Environmental Facilities Authority a Water Supply FRIDAY, APRIL 4, 2008 5171 Division. The executive director of the authority or an employee of the authority designated by the director shall serve as the director of the division and shall have full authority over the operation, personnel, and facilities of the division. 50-23-27. The division shall have the authority and responsibility to: (1) Administer this part; (2) Coordinate with the Department of Natural Resources and with other departments, divisions, agencies, or officials of this state or political subdivisions thereof and appropriate private and professional organizations in matters related to water supply. The division and any other department, educational institution, agency, or official of this state or political subdivision thereof which in any way would affect the administration or enforcement of this part or Article 6 of Chapter 5 of Title 12 shall be required to coordinate all such activities with the division to assure orderly and efficient administration and enforcement of this part; (3) Do all things necessary to cooperate with the United States government and qualify for, accept, and disburse any public or private grant intended for the administration of this part; (4) Apply for, receive, accept, and administer federal funds and programs made available to this state for the purposes of this part; (5) Contract for services if such services cannot be satisfactorily performed by employees of the division or by any other state agency; (6) Design and implement programs to assist local governing authorities and other entities in implementing water supply projects; and (7) Exercise such powers and perform such duties as assigned or contracted to the division or the authority under Article 6 of Chapter 5 of Title 12. 50-23-28. (a) There shall be established the Georgia Reservoir Fund, to consist of proceeds of bonds issued under this article for purposes of this part, any moneys paid to the authority under intergovernmental contracts for purposes of this part, voluntary contributions to such fund, and any federal moneys deposited in such fund. Moneys which are restricted as to their usage, including, but not limited to, restrictions on the kinds of projects for which the moneys may be expended or loaned, on the entity that may receive grants or loans of such moneys, on the manner in which such moneys may be expended or loaned, and any other condition, limitation, or restriction, may nevertheless be deposited in the fund so long as any such restriction shall not prevent the moneys so deposited from being expended, loaned, or otherwise used in a manner that is consistent with the purposes of this part. All balances in the fund shall be deposited in interest-bearing accounts. (b) The authority shall administer the fund and may use the fund for projects as defined by Code Section 12-5-471, in accordance with this article and Article 6 of Chapter 5 of Title 12. 5172 JOURNAL OF THE SENATE (c) The authority shall prepare, by September 30 of each year, an accounting of the moneys received and expended from the fund for the most recently completed fiscal year. The report shall be made available electronically to the members of the General Assembly and shall be public record. (d) Principal and interest payments on loans made from the fund may be deferred for a maximum of 20 years or until construction of the project is completed, whichever is later. (e) The authority may expend moneys from the fund for the costs of planning, engineering, architectural, legal, title, fiscal, or economic investigation, studies, surveys, or designs without the designation of such funds to a specific project or the final regulatory or statutory review and approval of such project if the director determines that a reasonable expectation exists that the expenditure of such funds will further the purposes of this part or Article 6 of Chapter 5 of Title 12. 50-23-29. The authority may promulgate and adopt rules and regulations to carry out the purposes of this part." PART III SECTION 3-1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by revising paragraph (82) as follows: "(82)(A) Purchase of energy efficient products or water efficient products with a sales price of $1,500.00 or less per product purchased for noncommercial home or personal use. The exemption provided by this paragraph shall apply only to sales occurring during a period commencing at 12:01 A.M. on October 4, 2007 October 2, 2008, and concluding at 12:00 Midnight on October 7, 2007 October 5, 2008. (B) For the purposes of this exemption, an energy efficient product is As used in this paragraph, the term: (i) 'Energy efficient product' means any energy efficient product for noncommercial home or personal use consisting of any dishwasher, clothes washer, air conditioner, ceiling fan, fluorescent light bulb, dehumidifier, programmable thermostat, refrigerator, door, or window, the energy efficiency of which has been designated by the United States Environmental Protection Agency and the United States Department of Energy as meeting or exceeding each such agencys energy saving efficiency requirements or which have been designated as meeting or exceeding such requirements under each such agencys Energy Star program. (ii) 'Water efficient product' means any product used for the conservation or efficient use of water which has been designated by the United States Environmental Protection Agency as meeting or exceeding such agencys water saving efficiency requirements or which has been designated as meeting or exceeding such requirements under such agencys Water Sense program. (C) The exemption provided for in subparagraph (A) of this paragraph shall not FRIDAY, APRIL 4, 2008 5173 apply to purchases of energy efficient products or water efficient products purchased for trade, business, or resale. (D) Reserved. (E)(D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph;" PART IV SECTION 4-1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by revising Code Section 12-5-4, relating to rules and regulations relative to water conservation plans, as follows: "12-5-4. (a) The Board of Natural Resources shall adopt rules and regulations relating to the conduct, content, and submission of the water conservation plans required by Code Sections 12-5-31 and 12-5-96. (b) The director of the Environmental Protection Division of the Department of Natural Resources shall appoint a task force to assist in the writing of the rules and regulations required by subsection (a) of this Code section. The task force shall have 12 members. Three members shall represent the business and industry community, three shall represent the agriculture industry, three shall represent local governments, and three shall represent environmental and citizens groups. The members of the task force shall serve without compensation or reimbursement of expenses. The task force shall disband upon the adoption by the Board of Natural Resources of the rules and regulations provided for in subsection (a) of this Code section. Reserved." SECTION 4-2. Said chapter is further amended by revising subsections (e), (h), and (n) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters generally and for farm use, as follows: "(e) Subject to subsection (g) of this Code section, the Board of Natural Resources shall by rule or regulation establish a reasonable system of classification for application in situations involving competing uses, existing or proposed, for a supply of available surface waters. Such classifications shall be based upon but not necessarily limited to the following factors: (1) The number of persons using the particular water source and the object, extent, and necessity of their respective withdrawals, diversions, or impoundments; (2) The nature and size of the water source; (3) The physical and chemical nature of any impairment of the water source adversely affecting its availability or fitness for other water uses; (4) The probable severity and duration of such impairment under foreseeable conditions; (5) The injury to public health, safety, or welfare which would result if such impairment were not prevented or abated; 5174 JOURNAL OF THE SENATE (6) The kinds of businesses or activities to which the various uses are related and the economic consequences; (7) The importance and necessity of the uses, including farm uses, claimed by permit applicants and the extent of any injury or detriment caused or expected to be caused to other water uses; (8) Diversion from or reduction of flows in other watercourses in accordance with Article 8 of this chapter or any state-wide water plan provided pursuant thereto; (9) The prior investments of any person in lands, and plans for the usage of water in connection with such lands which plans have been submitted to the director within a reasonable time after July 1, 1977, or, if for farm uses, after July 1, 1988; provided, however, that the granting of such permit shall not have unreasonably adverse effects upon other water uses in the area, including potential as well as present use; and (10) The varying circumstances of each case." "(h) Except for applications filed pursuant to paragraph (3) of subsection (a) of this Code section, permits may be granted for any period of time not less than ten years, unless the applicant requests a shorter period of time, nor more than 50 years. The director may base the duration of such permits on any reasonable system of classification based upon but not necessarily limited to such factors as source of supply and type of use. In evaluating any application for a permit for the use of water for a period of 25 years or more, the director shall evaluate the condition of the water supply to assure that the supply is adequate to meet the multiple needs of the citizens of the state as can reasonably be projected for the term of the permit and ensure that the issuance of such permit is based upon a water development and conservation plan plans for the applicant or and for the region in accordance with Article 8 of this chapter. Such water development and conservation plan plans for the applicant or and for the region shall promote the conservation and reuse of water within the state, guard against a shortage of water within the state, promote the efficient use of the water resource, and be consistent with the public welfare of the state, in accordance with Article 8 of this chapter. The board shall promulgate regulations for implementation of this subsection, including provisions for review of such permits periodically or upon a substantial reduction in average annual volume of the water resource which adversely affects water supplies to determine that the permittee continues in compliance with the conditions of the permit and that the plan continues to meet the overall supply requirements for the term of the permit. In the event the director determines that a regional plan is required in connection with any application for a permit for the use of water for a period of 25 years or more, the division or a person or entity designated by the division may develop such a plan. Regional water plans shall be developed in accordance with Article 8 of this chapter. Such regional plan plans shall include water development, conservation, and sustainable use and shall be based upon detailed scientific analysis of the water source, the projected future condition of the resource, current demand, and estimated future demands on the resource, in accordance with Article 8 of this chapter." "(n) In the consideration of applications for permits which if granted would authorize the withdrawal and transfer of surface waters across natural basins, the director shall be FRIDAY, APRIL 4, 2008 5175 bound by any factors related thereto under Article 8 of this chapter or any state-wide water plan provided pursuant thereto and the following requirements: (1) The director shall give due consideration to competing existing uses and applications for permits which would not involve interbasin transfers of surface water and, subject to subsection (e) of this Code section, shall endeavor to allocate a reasonable supply of surface waters to such users and applicants; and (2) The director shall provide a press release regarding the proposed issuance of all permits authorizing such interbasin transfer of surface waters to newspapers of general circulation in all areas of the state which would be affected by such issuance. The press release shall be provided at least seven days before the issuance of these permits. If the director should determine that sufficient public interest warrants a public hearing on the issuance of these permits, he or she shall cause such a hearing to be held somewhere in the area affected prior to the issuance of these permits." SECTION 4-3. Said chapter is further amended by revising subsections (d) and (e) of Code Section 12-596, relating to permits to withdraw, obtaining, or use of ground water, as follows: "(d) In adopting any regulations pursuant to Code Section 12-5-95 and in considering permit applications, revocations, or modifications under this Code section, the Board of Natural Resources or the division shall consider: (1) The number of persons using an aquifer and the object, extent, and necessity of their respective withdrawals or uses; (2) The nature and size of the aquifer; (3) The physical and chemical nature of any impairment of the aquifer adversely affecting its availability or fitness for other water uses, including public use; (4) The probable severity and duration of such impairment under foreseeable conditions; (5) The injury to public health, safety, or welfare which would result if such impairment were not prevented or abated; (6) The kinds of businesses or activities to which the various uses are related; (7) The importance and necessity of the uses, including farm uses, claimed by permit applicants under this Code section, or of the water uses of the area under Code Section 12-5-95, and the extent of any injury or detriment caused or expected to be caused to other water uses, including public use; (8) Diversion from or reduction of flows in other watercourses or aquifers; in accordance with Article 8 of this chapter or any state-wide water plan provided pursuant thereto; and (9) A regional water development conservation and sustainable use plan, where applicable; and (10)(9) Any other relevant factors. (e) The division or a party designated by the division may develop a regional Regional water development and conservation plan plans for the states major aquifers or any portion thereof shall be developed in accordance with Article 8 of this chapter. Such 5176 JOURNAL OF THE SENATE plan plans shall include water development, conservation, and sustainable use and shall be based on detailed scientific analysis of the aquifer, the projected future condition of the aquifer, and current demand and estimated future demands on the aquifer, in accordance with Article 8 of this chapter. Such plan plans shall serve to promote the conservation and reuse of water within the state, guard against a shortage of water within the state and each region, and promote the efficient use of the water resource and shall be consistent with the general welfare and public interest of the state as provided in Code Section 12-5-91, in accordance with Article 8 of this chapter. Upon adoption of a regional plan, all permits issued by the division shall be consistent with such plan. The term of any permit and all provisions of any permit for which an application for renewal is made prior to the completion of any regional plan shall be extended at least until the completion of such plan. Applications for new permits shall be subject to review by the division, and the division may issue such permits as appropriate pending completion of a regional plan." SECTION 4-4. Said chapter is further amended by revising subsections (d) and (e) of Code Section 12-5522, relating to a policy statement for comprehensive state-wide water management planning, guiding principles, and requirements of plans, as follows: "(d) The proposed comprehensive state-wide water management plan may include a process for creating draft river basin management plans and draft ground-water management plans and how such plans are finalized and revised, including the designation of persons responsible for developing regional water development and conservation plans, required contents of such plans, and how the public may participate in the creation and revision of such plans. (e) The division shall make all water withdrawal permitting decisions in accordance with this chapter and, the comprehensive state-wide water management plan that has been approved or enacted by the General Assembly as provided by this article, and any applicable regional water development and conservation plan, including, but not limited to, restrictions, if any, on diversion from or reduction of flows in other watercourses. Any political subdivision or local water authority that is not in compliance with the plan shall be ineligible for state grants or loans for water projects, except for those projects designed to bring such political subdivision or local water authority into compliance with the plan." PART V SECTION 5-1. (a) This part and Parts III and IV of this Act shall become effective upon approval of this Act by the Governor or upon this Act becoming law without such approval. (b) Parts I and II of this Act shall become effective on July 1, 2008. (c) Part I of this Act shall apply to all applications pending on or after the effective date thereof. SECTION 5-2. All laws and parts of laws in conflict with this Act are repealed. FRIDAY, APRIL 4, 2008 5177 Senators Tarver of the 22nd, Powell of the 23rd and Jackson of the 24th offered the following amendment: Amend the House substitute to SB 342 by inserting before Section 4-4 the following: SECTION 4-3B. Said chapter is further amended by adding new subsections in Code Section 12-5-522, relating to a policy statement for comprehensive state-wide water management planning, guiding principles, and requirements of plans, to read as follows: "(c.1)(1) As used in this subsection, the term: (A) 'Donor basin' means a river basin from which a withdrawal or diversion of water occurs in an interbasin transfer. (B) 'Interbasin transfer' means a withdrawal or diversion of water from one river basin followed by use or return of some or all of that water to a different river basin. (C) 'Intrabasin transfer' means a withdrawal or diversion of water from a point within a subbasin within a river basin, followed by the use and discharge of some portion of that water into a second subbasin within the same river basin. (D) 'Raw water interbasin transfer' means an interbasin transfer of untreated water for treatment, use, and disposal in the receiving basin. (E) 'Receiving basin' means a river basin to which all or a portion of water from another river basin is diverted and returned in an interbasin transfer. (2) Subject to the provisions of this chapter, interbasin transfers may be permitted to meet water needs in areas facing limitations on their water resources, as indicated when the forecasted consumption of water from a specific source approaches the defined consumptive use assessment, as long as the transfer does not unreasonably foreclose opportunities for water use in the donor basin. (3) Interbasin transfers of water that occur in connection with mining, conveying, processing, sale, or shipment of minerals or other products transported for further processing or sale shall be exempt from limitations on interbasin transfers provided by this subsection. (4) Interbasin transfers of raw water shall not be permitted until consumptive use assessments have been completed for the affected water sources and water development and conservation plans which identify the need for such transfers have been completed for the affected water planning regions. (5) In evaluating a permit application for a new interbasin transfer, the director shall review and consider: (A) Donor basin considerations, including but not limited to: (i) The quantity of the proposed withdrawal and the stream flow of the donor basin, with special consideration for dry years and low-flow conditions; (ii) The current and reasonably foreseeable future water needs of the donor basin, with special consideration for dry years and low-flow conditions; (iii) Protection of water quality in the donor basin, with special consideration for dry years and low-flow conditions; 5178 JOURNAL OF THE SENATE (iv) Any offsetting increases in flow in the donor basin that may be arranged through permit conditions; (v) The number of downstream river miles from which water will be diverted as a result of the transfer; and (vi) The connection between surface water and ground water in the donor basin, and the effect of the proposed transfer on either or both; (B) Receiving basin considerations, including but not limited to: (i) Determination of whether or not the applicants proposed use is reasonable, including consideration of whether the applicant has implemented water conservation practices and achieved reasonable water conservation goals; (ii) Assessment of the waste-water treatment capacity of the receiving basin; (iii) The supply of water presently available to the receiving basin as well as the estimates of overall current water demand and the reasonable foreseeable future water needs of the receiving basin; (iv) The beneficial impact of any proposed transfer and the demonstrated capability of the applicant to effectively implement its responsibilities under the requested permit; (v) The impact of the proposed transfer on water conservation; (vi) The applicants efforts to explore all reasonable options for use of reclaimed water and recycling of available resources to meet the needs of the receiving basin; and (vii) Assessment of the adequacy of treatment capacity and current water quality conditions; and (C) Considerations affecting both basins, including but not limited to: (i) The economic feasibility, cost effectiveness, and environmental effects of the proposed transfer in relation to alternative sources of water supply; (ii) The cumulative effects of the current and proposed interbasin transfers in each basin; (iii) The requirements of the state and federal agencies with authority related to water resources; (iv) The availability of water for responding to emergencies, including but not limited to drought, in the donor basin and the receiving basin; (v) The effects, whether beneficial or detrimental, on offstream and instream uses; (vi) The quantity, quality, location, and timing of water returned to the donor basin, receiving basin, and basins downstream; (vii) Effects on interstate water use; (viii) The cumulative effect on the donor basin and the receiving basin of any water transfer or consumptive use that is authorized or forecasted; and (ix) Such other factors as are reasonably necessary to carry out the purposes of this chapter. (c.2)(1) Subject to the provisions of this chapter, intrabasin transfers may continue to be undertaken to meet such practical water needs as are necessary for a water provider to meet the reasonable needs of users within its service area. If a new intrabasin FRIDAY, APRIL 4, 2008 5179 transfer is to cross the jurisdictional boundaries of more than four counties, it shall not be permitted until consumptive use assessments have been completed for the affected water sources and water development and conservation plans which identify the need for such transfers have been completed for the affected water planning regions. (2) Intrabasin transfers of water that occur in connection with mining, conveying, processing, sale, or shipment of minerals or other products transported for further processing or sale shall continue to be permitted." Due to an administrative error, the Tarver, et al. amendment to the House substitute to SB 342 was not considered. Senator Pearson of the 51st moved that the Senate agree to the House substitute to SB 342. 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 Carter Y Chance Y Chapman Y Cowsert Y Davenport Y Douglas Fort Y Goggans Y Golden Grant Y Hamrick Y Harbison Y Harp Y Hawkins Heath N Henson Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Jackson Johnson Y Jones E Me V Bremen Moody Y Mullis Y Murphy N Orrock Y Pearson Powell Y Ramsey Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D E Smith Y Staton Stoner Tarver N Tate Y Thomas,D Thomas,R N Thompson,C Y Thompson,S Tolleson Y Unterman Y Weber Y Wiles Y Williams On the motion, the yeas were 37, nays 6; the motion prevailed, and the Senate agreed to the House substitute to SB 342. The following messages were received from the House through Mr. Rivers, the Clerk thereof: 5180 JOURNAL OF THE SENATE Mr. President: The House has agreed to the Senate substitute to the following Bills of the House: HB 180. By Representatives Rogers of the 26th, Smith of the 113th, Harbin of the 118th, Burkhalter of the 50th and Stephens of the 164th: 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 that certain prescription drugs and other health care products sold by Georgia biotechnology, biopharmaceutical, or pharmaceutical companies shall not be subject to certain access restrictions or supplemental rebates for purposes of coverage under the state health benefit plan, medical assistance program, PeachCare for Kids, or any other health benefit plan or policy administered by or on behalf of the state; to define certain terms; to repeal conflicting laws; and for other purposes. HB 336. By Representatives Levitas of the 82nd, Bearden of the 68th, Talton of the 145th, Bridges of the 10th, Chambers of the 81st and others: A BILL to be entitled an Act to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, so as to increase the mandatory sentences; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 493. By Representative Chambers of the 81st: A BILL to be entitled an Act to provide for a homestead exemption from City of Doraville ad valorem taxes for municipal purposes for the full value of the homestead for residents of that city who are 70 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 887. By Representative Butler of the 18th: A BILL to be entitled an Act to amend Chapter 13 of Title 10 of the Official Code of Georgia Annotated, relating to tobacco product manufacturers, so as to provide for the creation of the Tobacco Prevention FRIDAY, APRIL 4, 2008 5181 Master Settlement Agreement Oversight Committee; to provide for its composition, powers, and duties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 978. By Representatives Mills of the 25th, Forster of the 3rd and Wiles of the 37th: A BILL to be entitled an Act to amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road for motor vehicles, so as to allow law enforcement officers to seize the vehicles of drivers who are not in the country legally and are involved in a traffic accident; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1020. By Representatives Golick of the 34th, Ralston of the 7th and Forster of the 3rd: A BILL to be entitled an Act to restrict access to certain sexually explicit or obscene property or material which is evidence in civil and criminal cases involving minors; to amend Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases; to amend Chapter 18 of Title 50, relating to open records; to provide for controlled access to such property or materials; to provide for penalties; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1093. By Representatives Willard of the 49th, Mills of the 25th, Coan of the 101st, Fleming of the 117th, O`Neal of the 146th and others: A BILL to be entitled an Act to amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to furnishing of cancellation by grantee or holder upon payment, liability for failure to comply, cancellation of instrument after failure to comply, and liability of agents, so as to change certain provisions relating to the demand for liquidated damages; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1112. By Representatives Geisinger of the 48th, Scott of the 153rd, Burns of the 157th, Oliver of the 83rd, Hamilton of the 23rd and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to amend provisions relating to the completion of a certification 5182 JOURNAL OF THE SENATE program by municipal election superintendents; to provide for certain election officials to be certified by a certain date; to provide for a possible waiver of the certification requirement for a municipality in certain circumstances; to provide for a special election for a United States congressional representative in the event of an extraordinary circumstance where there are more than 100 vacancies in the United States House of Representatives; to provide for filing notice of candidacy in the event of extraordinary circumstances; to revise certain provisions relating to the return of qualifying fees to candidates; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1189. By Representatives Sheldon of the 105th, Smith of the 129th, Mills of the 25th and Shaw of the 176th: A BILL to be entitled an Act to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner to file a report on progress made on the State-wide Strategic Transportation Plan; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1190. By Representatives Kaiser of the 59th, Ashe of the 56th, Thomas of the 55th, Wilkinson of the 52nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to provide for subsequent increases in 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 1191. By Representatives Kaiser of the 59th, Ashe of the 56th, Thomas of the 55th, Wilkinson of the 52nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend an Act providing a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district, approved May 4, 1992 (Ga. L. 1992, p. 7003), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to eliminate certain FRIDAY, APRIL 4, 2008 5183 restrictions only granting such exemption based upon digest increases; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1192. By Representatives Kaiser of the 59th, Ashe of the 56th, Thomas of the 55th, Wilkinson of the 52nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend an Act providing a homestead exemption from City of Atlanta 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, approved May 4, 1992 (Ga. L. 1992, p. 7007), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to provide for subsequent increases in 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 1234. By Representatives Channell of the 116th, Cooper of the 41st, Parrish of the 156th, Stephens of the 164th, Hugley of the 133rd and others: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Medicaid Care Management Organizations Act"; to amend Code Section 31-8-171 of the Official Code of Georgia Annotated, relating to definitions relative to quality assessment fees on care management organizations, so as to revise a definition relating to quality assessment fees on care management organizations for purposes of conformity; to amend Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals relative to the Medicaid program, so as to provide that an administrative law judge can consolidate complaints or claims against a care management organization; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1274. By Representative Knight of the 126th: 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 income tax imposition, rate, computation, and exemptions, so as to change certain provisions relating to income tax credits for donations of real property for conservation purposes and carryover of credits; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. 5184 JOURNAL OF THE SENATE HB 1297. By Representatives Mumford of the 95th, Levitas of the 82nd, Benfield of the 85th, Ralston of the 7th, Dukes of the 150th and others: A BILL to be entitled an Act to amend Chapter 24 of Title 15 and Title 17 of the Official Code of Georgia Annotated, relating to sexual assault protocol and criminal procedure, respectively, so as to afford greater protection to victims of sexual crimes; to change provisions relating to sexual assault protocol; to provide for preservation of evidence; to allow victims of certain sexual offenses to have the right to have a free forensic medical examination even if the victim refuses to otherwise cooperate with law enforcement; to allow victims of certain sexual offenses to refuse requests for polygraph examinations or other truth-telling devices; to allow the Criminal Justice Coordinating Council to waive subrogation under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1321. By Representatives Shaw of the 176th, Sims of the 151st, Johnson of the 75th and Jordan of the 77th: A BILL to be entitled an Act to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, so as to provide that falsifying reports regarding instances of alleged inappropriate behavior by a teacher or other school personnel is addressed in the student code of conduct; to establish a state mandated process for students to follow in reporting instances of alleged inappropriate behavior by a teacher or other school personnel; to provide for notice of such process in student and teacher handbooks; to provide for statements to local media outlets which reported on instances of alleged inappropriate behaviors; to provide for penalties for students who provide false reports of alleged inappropriate behavior by a teacher or other school personnel; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1478. By Representative Hatfield of the 177th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, so as to provide that teachers and employees employed by the board may address or speak to the board concerning matters involving the Ware County schools or school system during meetings of the board without seeking or obtaining the approval of any supervisors or the county school superintendent; to prohibit any form FRIDAY, APRIL 4, 2008 5185 of retaliation against such teachers or employees for such activities; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1491. 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 placing the coroner of Bartow County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2731), as amended, particularly by an Act approved April 6, 1981 (Ga. Laws 1981, p. 3952), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute to the following Resolutions of the House: HR 468. By Representative Houston of the 170th: A RESOLUTION commemorating Sheriff D. J. Connell and dedicating the Sheriff D. J. Connell Memorial Highway; and for other purposes. HR 1023. By Representatives Holmes of the 61st, Thomas of the 55th, Sinkfield of the 60th, Bruce of the 64th, Beasley-Teague of the 65th and others: A RESOLUTION dedicating the Tuskegee Airmen Parkway; and for other purposes. The House has agreed to the Senate amendment to the House substitute to the following Bills of the Senate: SB 33. 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 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. 5186 JOURNAL OF THE SENATE SB 327. By Senators Heath of the 31st, Schaefer of the 50th and Murphy of the 27th: 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 no person shall become or again become a member of such retirement system on or after July 1, 2008; to provide a short title; to provide that such employees shall have accounts in the state deferred compensation plan; to provide for an employer contribution; to provide that such employees shall not be entitled to participate in any other public retirement system; to provide for rules and regulations; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. SB 418. By Senators Balfour of the 9th, Hawkins of the 49th and Cowsert of the 46th: 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 definitions; to provide for standards for testing of cigarettes; to provide for written certification; to provide for required marking of cigarettes; to provide for forfeiture; to provide civil penalties; to provide for inspections; to provide for preemption; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. SB 492. By Senators Bulloch of the 11th and Harp of the 29th: A BILL to be entitled an Act to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to add an additional accrediting entity to the definition of the term "eligible high school"; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate amendment to the following Bill of the House: HB 373. By Representatives Bridges of the 10th, Day of the 163rd, Collins of the 27th, Coleman of the 97th, Talton of the 145th and others: A BILL to be entitled an Act to amend Code Section 47-2-223 of the Official Code of Georgia Annotated, relating to retirement benefits in the FRIDAY, APRIL 4, 2008 5187 Employees Retirement System of Georgia for those in service in the Uniform Division of the Department of Public Safety, so as to provide that such persons may return to full-time employment and retain their retirement benefits; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate amendment to the following Resolutions of the House: HR 1078. By Representative Tumlin of the 38th: A RESOLUTION compensating Mr. Willie Otis "Pete" Williams; and for other purposes. HR 1425. By Representatives Barnard of the 166th, Lord of the 142nd, Buckner of the 130th and Floyd of the 147th: 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 Bartow, Dawson, Elbert, Hart, McDuffie, Jenkins, Wilkes, Fulton, Houston, Muscogee, Towns, and Washington counties, Georgia; 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 and Senate: HB 68. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to applicability of the Coastal Marshlands Protection Act, so as to provide an exemption for a single private dock built by the owners of two or three adjoining lots; to repeal conflicting laws; and for other purposes. HB 89. By Representatives Bearden of the 68th, Horne of the 71st, Hatfield of the 177th, Maddox of the 172nd, Smith of the 168th 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 the carrying and possession of firearms, so as to change certain provisions regarding the 5188 JOURNAL OF THE SENATE transportation of certain firearms; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 670. By Representative Sims of the 169th: 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 wood residuals; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the commissioner 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. HB 958. By Representatives Rice of the 51st, Lindsey of the 54th, Mumford of the 95th, Coleman of the 97th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to clarify the appeal procedure for certain judgments; to provide for additional information in statements of claim; to revise the procedures for applying to vacate a judgment; to revise the requirements for use of postjudgment interrogatories; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1027. By Representatives Rice of the 51st, Roberts of the 154th, Bearden of the 68th and Floyd of the 147th: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to persons completing defensive driving course or alcohol or drug program, so as to provide for approval of classroom, Internet, or other technology based driver improvement clinics curriculums; to provide for certificates of completion; to delete references to advanced defensive driving courses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1035. By Representatives Smith of the 129th, Sheldon of the 105th, Floyd of the 147th, Rogers of the 26th, May of the 111th 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 motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain FRIDAY, APRIL 4, 2008 5189 public transit and public campus transportation systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1055. By Representatives Williams of the 4th, Dickson of the 6th, Tumlin of the 38th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and licenses, so as to make revisions to certain provisions relating to professions and licenses; to provide that a designee of the division director of the professional licensing boards may sign and attest orders and processes; to amend certain requirements relating to applications for certification as a registered interior designer; to revise provision relating to inspector at auctions; to provide for service of documents and applications relating to geologists upon the division director at his or her office; to repeal certain provisions relating to license by reciprocity for massage therapists; to revise provisions relating to license by endorsement for massage therapists; to provide for certain education and training requirements satisfactory for the issuance of physical therapist licenses; to provide for licensure by endorsement for physical therapists; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1111. By Representatives Floyd of the 147th, Rice of the 51st, Talton of the 145th, Powell of the 29th and Forster of the 3rd: 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 persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements; to provide for drivers license fees; to provide for limited driving permits; to provide for the issuance of identification cards; to provide for issuance of a commercial drivers license; to provide for the contents of applications for commercial drivers licenses; to provide for the contents of commercial drivers licenses; to provide for commercial driving disqualifications; to provide for penalties for commercial driving violations; to provide for issuance of identification cards for persons with disabilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1113. By Representatives Heard of the 104th, Rynders of the 152nd, Houston of the 170th, Morris of the 155th, Royal of the 171st and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of 5190 JOURNAL OF THE SENATE Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, so as to provide definitions; to provide for the requirements of a state purchasing card program; to provide penalties for violators; to authorize the promulgation of rules and regulations; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. HB 1116. By Representative Barnard of the 166th: 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 modify certain provisions relating to the "Probation Management Act of 2004"; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1168. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-13-51 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, collection, and expenditure of proceeds of such tax; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1209. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Cole of the 125th, Maxwell of the 17th 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 that a local school system may enter into a contract with the State Board of Education for increased flexibility in exchange for increased accountability; to provide that a local school system can opt for the status quo; to provide for the development of a three-year strategic plan; to change certain provisions relating to waivers to improve student performance; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1245. By Representatives Ralston of the 7th, Knox of the 24th, Levitas of the 82nd and Martin of the 47th: A BILL to be entitled an Act to amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal FRIDAY, APRIL 4, 2008 5191 defense for indigents, respectively, so as to revise matters relative to funding, budgeting, and the organization of providing indigent defense; to change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide that the Georgia Superior Court Clerks Cooperative Authority be responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defender Standards Council; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. HB 1246. By Representatives Peake of the 137th, Royal of the 171st and Parrish of the 156th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding state income taxes, so as to change certain provisions regarding income tax credits for certain business enterprises by including broadcasting; to change certain provisions regarding income tax credits for business enterprises in less developed areas by including broadcasting; to change certain provisions regarding income tax credits for qualified research expenses by including broadcasting; to change certain provisions regarding alternative tax credits for base year port traffic increases by including broadcasting; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 1280. By Representatives Stephens of the 164th, Bearden of the 68th, Shaw of the 176th, Roberts of the 154th and May of the 111th: 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 state licensing of regional economic assistance projects to sell certain alcoholic beverages; to provide requirements and conditions of such license; to provide for powers, duties, and authority of the state revenue commissioner; to amend Article 8 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to encouragement of state agencies to give certified projects priority in licensing and processing grants and authorization for sale of alcoholic beverages, so as to move the provisions relating to the sales of certain alcoholic beverages by regional economic assistance projects to Title 3 of the Official Code of Georgia Annotated; to 5192 JOURNAL OF THE SENATE provide for related matters; to repeal conflicting laws; and for other purposes. SB 169. By Senators Hamrick of the 30th, Harp of the 29th, Meyer von Bremen of the 12th, Adelman of the 42nd, Grant of the 25th 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. Mr. President: The House has adopted the report of the Committee of Conference on the following Bill of the Senate: SB 345. By Senators Harbison of the 15th, Douglas of the 17th, Moody of the 56th, Hooks of the 14th and Seay of the 34th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to adopt the Interstate Compact on Educational Opportunity for Military Children; to create the Interstate Commission on Educational Opportunity for Military Children; to provide for the members of the interstate commission and their service; provide for an executive committee and its membership and duties; to provide for the powers, duties, organization, and operations of the commission; to provide for oversight, enforcement, and dispute resolution; to provide for financing of the interstate commission; to provide for member states, effective date, and amendments; to provide for withdrawal and dissolution; to provide for binding effect and other laws; to provide for other related matters; 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 and Senate: FRIDAY, APRIL 4, 2008 5193 HB 990. SB 154. SB 300. SB 355. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009. By Senators Murphy of the 27th, Pearson of the 51st, Johnson of the 1st, Rogers of the 21st, Shafer of the 48th and others: A BILL to be entitled an Act to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable only to municipal corporations, so as to provide that municipal corporations and newly incorporated municipalities enter into certain agreements with solid waste collection firms providing services for the territory annexed or incorporated; to provide for related matters; to repeal conflicting laws; and for other purposes. By Senators Rogers of the 21st and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, so as to provide for the creation of and maintenance by the department of a website which provides public access to certain state expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Audits and Accounts and the Department of Revenue; to provide for related matters; to repeal conflicting laws; and for other purposes. By Senators Smith of the 52nd, Hamrick of the 30th, Cowsert of the 46th, Harp of the 29th, Meyer von Bremen of the 12th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to provide for the disbursement of certain settlement funds after closing even though such funds are not collected funds; to provide that lenders shall provide loan funds in the form of collected funds at or prior to closing; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following committee report was read by the Secretary: 5194 JOURNAL OF THE SENATE Mr. President: The Engrossing and Journals subcommittee has read and examined the following legislation and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor: SB 1 SB 24 SB 55 SB 113 SB 159 SB 181 SB 213 SB 276 SB 327 SB 342 SB 347 SB 352 SB 359 SB 366 SB 374 SB 383 SB 387 SB 397 SB 400 SB 414 SB 421 SB 430 SB 435 SB 444 SB 455 SB 463 SB 469 SB 474 SB 482 SB 488 SB 495 SB 508 SB 517 SB 524 SB 544 SB 553 SB 557 SB 11 SB 33 SB 82 SB 130 SB 169 SB 196 SB 230 SB 300 SB 328 SB 344 SB 348 SB 355 SB 363 SB 369 SB 379 SB 384 SB 388 SB 398 SB 405 SB 417 SB 425 SB 433 SB 436 SB 451 SB 456 SB 466 SB 470 SB 479 SB 483 SB 492 SB 502 SB 515 SB 518 SB 529 SB 549 SB 554 SB 558 SB 16 SB 52 SB 88 SB 154 SB 175 SB 202 SB 254 SB 325 SB 341 SB 345 SB 350 SB 358 SB 364 SB 373 SB 381 SB 385 SB 396 SB 399 SB 406 SB 418 SB 429 SB 434 SB 437 SB 453 SB 460 SB 467 SB 471 SB 480 SB 486 SB 494 SB 507 SB 516 SB 523 SB 531 SB 552 SB 556 SB 559 FRIDAY, APRIL 4, 2008 SB 561 SR 753 SR 996 SR 1055 SR 445 SR 781 SR 1012 SR 1060 The President announced the Senate adjourned sine die at 12:00 a.m. 5195 SR 750 SR 822 SR 1047 SR 1063 5196 INDEX SENATE JOURNAL INDEX 2008 REGULAR SESSION INDEX 5197 PART I, NUMERIC INDEX SENATE BILLS AND RESOLUTIONS SB 1-- Sexual Offenders; unlawful to photograph minors; penalties (PF).........................................................................3726, 3928, 4371, 5194 SB 3-- Hunting; provide for veterans' lifetime sportsman's license; fees (PF) ......................................................................................53, 56 SB 8-- Property Tax Assessments; appeals; payment of interest; provisions (PF) ........................................................No action in 2008 SB 11-- Superior/State Court Judges; military duty; eligible for reelection (PF) ..................................................................................3066, 5194 SB 12-- Budget Act; provide periodic application of zero-base budgeting (PF)..................................................................................4369, 4878 SB 13-- Labor; minimum wage law; substantive/comprehensive reform of provisions (PF)......................................................No action in 2008 SB 16-- Animal Fighting Act; change certain provisions (PF) ...........4307, 4841, 5194 SB 18-- Court-Connected Alternative Dispute Resolution; add municipal courts ....................................................................No action in 2008 SB 20-- Sexual Offenses; disabled person incapable of granting consent; unlawful ..................................................................No action in 2008 SB 21-- Crimes; murder against peace officer, corrections; official duties; punishment ....................................................No action in 2008 SB 22-- Detentions; counties housing state inmates; increase minimum reimbursement rate ...............................................No action in 2008 SB 24-- Computer Security; persons falsely identifying themselves to represent a business.........................................3285, 4327, 5194 SB 25-- License Plates; driver's license; issuance; payment; proof of citizenship...................................................................53, 56, 338, 882 SB 26-- Alcoholic Beverages; local authorization of sales on Sunday; provide procedures..................................................No action in 2008 SB 27-- Vessels; abandoned; revocation of certificates of number have not been redeemed...........................................No action in 2008 SB 28-- Insuring Georgia's Families Act............................................No action in 2008 SB 29-- Budget/Financial Affairs; create state budget website for public to view ..................................................................No action in 2008 SB 30-- Armed Forces; members; prohibit certain uses of names/pictures; penalties ......................................................No action in 2008 SB 32-- Doraville, City of; change the corporate limits of the city .........................................................................................No action in 2008 SB 33-- Emergency Management; state-wide first responder building mapping...................................................................3403, 3612, 5185, 5194 5198 INDEX SB 35-- Georgia, University System; students completed home study program; rules/regulations...........................................No action in 2008 SB 36-- Peace Officers Standards and Training; certified investigators; salary increase.................................................1367, 1458, 1571, 1696 SB 37-- Criminal Procedures; allow a change of sentence under certain circumstances ...............................................................................53, 57 SB 41-- Civil Practice; provide for service upon persons residing in gated communities .................................................................53, 57 SB 43-- Firearms; locked motor vehicles; prohibit employers from prohibiting employee.......................................................................53, 57 SB 44-- Georgia Fire Officer Development Act; fire officer development training.............................................................No action in 2008 SB 45-- Chronic Kidney Disease Task Force; establishment; develop a plan for education .................................................No action in 2008 SB 47-- School Districts; agree to assist employees in qualified investment plan ....................................................................No action in 2008 SB 48-- Penal Institutions; transmittal information on convicted persons...................................................................................No action in 2008 SB 50-- Notaries Public; shall be legal resident of United States; provide penalty......................................................................No action in 2008 SB 51-- Human Resources, Department; owners of personal care homes; criminal history background .............................No action in 2008 SB 52-- DeKalb County; authority of chief executive officer; county commission; provisions..............................................4862, 4960, 5194 SB 53-- Health Planning; exemptions; acute cancer hospitals ...........No action in 2008 SB 54-- Offenses; incest; provide for gender neutrality.....................No action in 2008 SB 55-- Alcoholic Beverages; resealed partially consumed bottle of wine; uniform rules............................................................3509, 5194 SB 56-- Alcoholic Beverages; wine direct shipper licenses; provide for issuance ..............................................................No action in 2008 SB 57-- Ray Biddy and Gene Mullis Act; renal disease facilities and personnel.........................................................................No action in 2008 SB 58-- Taxes; payment where property lies in more than one county; repeal provisions ......................................................No action in 2008 SB 59-- Social Networking Website; illegal for owner to allow minor to create profile ..........................................................................260, 275 SB 63-- Property; single-family residential real estate; definition; exempt certain lien ..............................................No action in 2008 SB 64-- Liens; wrong real estate; provide for a special designation ............................................................................No action in 2008 SB 65-- Property; single family residential real estate; contract; requirements ..........................................................................No action in 2008 INDEX 5199 SB 66-- Abortion; medical equipment for facilities; procedures ..........................53, 58 SB 67-- Superior Courts; specify costs not be considered contingent expenses...............................................................No action in 2008 SB 68-- Career Academies Act; disbursement of funds; charter schools...................................................................................No action in 2008 SB 69-- River Basin Protection Act; regulate interbasin transfer of water..................................................................................No action in 2008 SB 71-- Special Elections; questions to the voters shall be held on certain dates......................................................................No action in 2008 SB 73-- Health Care Plans; continued access to care; enrollees; definitions..............................................................................No action in 2008 SB 74-- Returning Hero Education Act; admission standards for certain combat veterans.........................................................No action in 2008 SB 75-- Scholarships; postsecondary; minimum state-wide standards for honor courses...................................................No action in 2008 SB 76-- Assignments, Committee on; powers, duties; change provisions; transfer of power......................................................53, 58, 87, 106 SB 78-- Community Health, Department of; powers, duties and functions; change certain provisions.....................................No action in 2008 SB 80-- Public Retirement Systems; define terms; alternative investments............................................................................No action in 2008 SB 82-- Dunwoody, City of; incorporation, boundaries, and powers of the city ...................................................................1868, 2262, 5194 SB 83-- Municipalities; change certain local government provisions ..............................................................................No action in 2008 SB 85-- Equal Access to Extracurricular Activities; provide conditions ..............................................................................No action in 2008 SB 86-- Safety Belts; passenger vehicles; eliminate certain exceptions to the required .....................................................No action in 2008 SB 88-- Care of a Grandchild Act; creation .......................................3067, 3665, 4125, 5194 SB 89-- Georgia Townships Act; creation..........................................No action in 2008 SB 91-- Traffic Offenses; fleeing; police vehicle; punishment; provisions ..............................................................................No action in 2008 SB 92-- Commissioner, Revenue; powers/duties; sales/use taxes; collection of data.........................................................No action in 2008 SB 93-- Patient Disclosure for Eye Surgery Act ................................No action in 2008 SB 97-- Criminal Trial Proceedings; require parties to raise specific objections to jury .....................................................No action in 2008 SB 105-- Electrical Services; require charges to communications/ cable companies; assessing poles; uniform...........................No action in 2008 SB 108-- Law Enforcement; passenger motor vehicle; Department of Public Safety .................................................No action in 2008 5200 INDEX SB 109-- Insurance; definitions; include plan administrators in prompt pay requirements............................................................................4862 SB 110-- Municipal; deannexation; repeal certain provisions ................................53, 58 SB 111-- University System; revenue collected from tuition shall not lapse.................................................................................No action in 2008 SB 112-- Appellate Court Judges; optional benefits; notice of election; eligibility.................................................................No action in 2008 SB 113-- Insurance; appointment of agents; authorized insurer; background checks .................................................................4168, 4797, 5194 SB 117-- Bail; sexual offenses; certain additional conditions..............No action in 2008 SB 118-- Educational Facilities Surveys; change certain provisions .................................................................................................53, 59 SB 119-- Criminal Procedure; victim/members of immediate family with rights; procedures .................................................................53, 59 SB 120-- State Properties; acquisitions of real property; remove exceptions..............................................................................No action in 2008 SB 121-- State Properties Commission; administrative space; modify certain exceptions .....................................................No action in 2008 SB 125-- Motor Vehicles; instruments charging violations of speed regulations; two-lane/highway....................................No action in 2008 SB 127-- Retirement System; Department of Public Safety; additional employee contribution..........................................No action in 2008 SB 129-- Penal Institutions; provide limited copayments by inmates; prescribe. medication..............................................No action in 2008 SB 130-- Georgia Building Authority; general provisions; operational powers .................................................................3301, 4208, 5194 SB 132-- Tax Returns; local law; establish a different time.................No action in 2008 SB 133-- Levy; intestate insolvent estates; homestead exemptions; maximum amounts; provisions............................................53, 59 SB 134-- Hospital; acquisitions; notice to Attorney General; change certain provisions ......................................................No action in 2008 SB 136-- Telephone Service; prepaid cell phones; define terms..........No action in 2008 SB 137-- Alcoholic Beverages; regulation of sales on Sunday; county/municipality..................................................................................53, 60 SB 138-- Alcoholic Beverages; regulation of sales on Sunday; county/municipality...............................................................No action in 2008 SB 140-- Circuit Public Defender; change composition of selection panels; removal; terms ..............................................................54, 60 SB 141-- Georgia Public Defender Standards Council; change composition ..............................................................................................54, 60 SB 142-- Circuit Public Defenders; may hire additional personnel; authorized by local law...........................................................54, 61 INDEX 5201 SB 143-- Judicial Circuits; alternative delivery systems; provide for funding.............................................................................No action in 2008 SB 144-- Group Insurance Benefits; Title 20 and Title 45; Internal Revenue Code ..........................................................No action in 2008 SB 145-- Crime/Sentencing; persons convicted of murder; imposition of life without parole...........................................1869, 2256, 2320, 2379, 2400, 3046, 3289, 4810 SB 149-- Probate Court of Floyd County; office of judge; nonpartisan elections .............................................................No action in 2008 SB 150-- Pharmacists/Pharmacies; performance/cost data to Department of Community Health........................................No action in 2008 SB 151-- Georgia Health Security Underwriting Authority; create ........................54, 61 SB 152-- Clarkesville, City of; change corporate limits.......................No action in 2008 SB 153-- Georgia Consumer Driven Health Insurance Plan ................3583, 3643, 4029, 4186, 4372, 5126 SB 154-- Municipal Corporations; agreements with solid waste collection firms......................................................................3418, 3502, 3727, 3812, 4237, 4372, 5193, 5194 SB 155-- Immunization; human papillomarvirus; female students entering the sixth grade ............................................................................54, 61 SB 159-- Homestead Exemptions; change date of filing applications..............................................................................54, 61, 216, 266, 3817, 5194 SB 161-- Retirement; disability benefits; physical exam of beneficiary; delete provision .................................................No action in 2008 SB 163-- Retirement; county revenue employees; tax commissioner; membership ..................................................1274, 1310, 1572, 1708 SB 164-- Certificate of Need Reformation Act ....................................No action in 2008 SB 166-- Driver Services, Department of; add approved virtual courses; under the age of 25yrs.............................................No action in 2008 SB 167-- State Health Benefit Advisory Committee; create ................No action in 2008 SB 169-- Georgia Student Finance Authority; direct loans; postsecondary schools; 1% annually.....................................3697, 3775, 3938, 3939, 4781, 4977, 5192, 5194 SB 171-- Residential/General Contractors; repeal Chapter 41 of such title ................................................................................No action in 2008 SB 173-- Pipeline Companies; exempt certain acquisitions of additional pipeline right of way ............................................No action in 2008 5202 INDEX SB 174-- Public Officers/Employees; development of medical/physical fitness standards ........................................No action in 2008 SB 175-- State Government; meaning of criminal action; Department of Administrative Services .................................3650, 4213, 5194 SB 178-- Pharmacy, State Board of; mails/common carriers; license....................................................................................No action in 2008 SB 179-- Campaign Contributions; Public Service Commission; repeal the prohibition ...............................................................................54, 62 SB 180-- Guaranteed Energy Cost Savings Act ...................................No action in 2008 SB 181-- Motor Vehicles; provide imposition of fee by motor vehicle rental companies .....................................................290, 339, 430, 432, 3754, 4325, 5194 SB 183-- Insurance; authorize agents to charge/collect certain fees ........................................................................................No action in 2008 SB 185-- Watercraft; certificate of number; purchased outside Georgia; sales tax paid ..........................................................No action in 2008 SB 187-- Environmental Advisory Council; applications for certain variances; provisions .................................................No action in 2008 SB 189-- Certificate of Need; revise definition of "new institutional health service" ...................................................No action in 2008 SB 191-- Buildings; prohibit the naming of any public building for Senator Robert Brown .....................................................No action in 2008 SB 192-- Motor Vehicle Accident Reparations; valid certificate of self-insurance ....................................................................No action in 2008 SB 195-- Teachers Retirement; change the benefit formula; postretirement benefit............................................................No action in 2008 SB 196-- Military Scholarships; children of persons killed/disabled; combat wound .............................................1369, 1458, 1570, 1572, 3285, 4183, 5194 SB 197-- Waste Management; municipal solid waste disposal facility sites ...........................................................................No action in 2008 SB 198-- Waste Management; protection for government owned public drinking water supply intake......................................No action in 2008 SB 199-- Retirement; no public retirement system shall invest funds; corporations; Islamic Republic. .................................No action in 2008 SB 201-- Georgia Family Law Arbitration Act....................................No action in 2008 SB 202-- Mattie's Call Act; revise/redesignate Article 7 ................................3817, 5194 SB 206-- American Sign Language; elective/foreign language credit for any student.............................................................No action in 2008 SB 207-- Petroleum Products; Internet website for gasoline prices.....No action in 2008 INDEX 5203 SB 208-- General Assembly; Internet website; provide for content/capabilities................................................................No action in 2008 SB 211-- Criminal Procedure; sentencing; defendants bias circumstances; repeal provision ...............................................................54, 62 SB 213-- Insurance Commissioner; waive retaliatory obligations, prohibitions.......................................................................................3509, 5194 SB 214-- State Government; qualifications; call centers; provide definitions..............................................................................No action in 2008 SB 215-- Advanced Practice Registered Nurse; revise; provide statutory construction ............................................................No action in 2008 SB 216-- Grand Juries; certain individuals not qualified to serve as grand jurors .........................................................................54, 62, 183, 219, 220 SB 217-- Property Owners' Associations; shall have standing as a party; covenants.......................................................................877, 1104, 1378, 1463, 1473 SB 218-- Homestead; exemption; certain disabled persons; total value ......................................................................................No action in 2008 SB 219-- Offenses; seizure of motor vehicles by person to facilitate sexual offenses .......................................................No action in 2008 SB 221-- Solid Waste Management; land disposal sites permits from DNR; provisions..............................................................................54, 63 SB 223-- Judges; compensation/grants for judicial salaries; change certain provisions ......................................................No action in 2008 SB 228-- Personal Fitness Trainers; provide for licensure; Georgia Board of Fitness Trainers ........................................No action in 2008 SB 229-- Hospitals; discount payment; financially qualified patients; written policies........................................................No action in 2008 SB 230-- State Personnel Board/Merit System; define classified/unclassified service .................................................54, 63, 168, 219, 222, 3284, 5194 SB 232-- Court Reports; remove requirement; publishing a volume of rules......................................................................No action in 2008 SB 233-- Roads; collections, expenditures/exemptions with respect to revenue; provisions...............................................No action in 2008 SB 238-- Evidence; tampering; remove requirement; offense involve another person ..........................................................No action in 2008 SB 239-- Farm Laborers; provide a definition .....................................No action in 2008 SB 240-- Employees'/Teachers' Retirement; membership; transferred/terminated ...........................................................No action in 2008 SB 241-- Health Insurance; comprehensively revise the laws of Georgia ..................................................................................No action in 2008 SB 243-- Ethics in Government Act; change provisions......................No action in 2008 5204 INDEX SB 245-- Alcoholic Beverages; to permit sale for consumption on Sundays; county ...............................................................No action in 2008 SB 249-- Sexual Offender Registration Review Board; register with sheriff of any county .....................................................No action in 2008 SB 250-- Public Property; roofing of state owned buildings/facilities; provide standards...................................No action in 2008 SB 252-- Firearms Dealers; transfer authority; regulation to state revenue commissioner...........................................................No action in 2008 SB 253-- Advanced Practice Registered Nurses; on-site patient evaluation ..............................................................................No action in 2008 SB 254-- Georgia State Indemnification Commission; composition; define certain terms ..........................................3650, 4217, 5194 SB 255-- Death Penalty; provide moratorium on the administration of a death sentence ........................................No action in 2008 SB 256-- Outdoor Advertising Signs; height limitations; conditions for lowering of signs.....................................................54, 64, 1372 SB 257-- Dropout Deterrent Act; revise the age of mandatory education ..........................................................................................1189, 1237 SB 258-- Controlled Substances; ban sale of marijuana/hemp flavored candy; penalties.......................................................No action in 2008 SB 259-- Warrants; issuance of search warrants by judicial officers; change provisions....................................................54, 64, 876, 1572, 1722 SB 260-- License Plates; revenue commissioner entitled to seize the license plates....................................................................No action in 2008 SB 262-- Fulton County; homestead exemption; educational purposes for full value...........................................................No action in 2008 SB 264-- Elections; qualify for a party's nomination/run for public office; requirements ...................................................No action in 2008 SB 265-- Personnel/Merit System; define classified/unclassified service; employees ................................................................No action in 2008 SB 266-- Judicial Accounting; add a penalty, late fees, and interest for failure to fund .....................................................No action in 2008 SB 267-- Georgia Condominium Act; define terms; declarant shall pay certain expenses .....................................................No action in 2008 SB 268-- Labor, Department of; program of mandatory drug testing; unemployment benefits ............................................No action in 2008 SB 270-- Juvenile Justice; Department of; provide for Office of Runaway Children Assistance...............................................No action in 2008 SB 271-- Taxes; change the period of time; tax deed shall ripen by prescription.......................................................................No action in 2008 SB 272-- Agricultural; limited liability for owners/operators of farms; agritourism .................................................................No action in 2008 INDEX 5205 SB 273-- Deer Hunting; lawful/unlawful killing of dogs pursuing/killing a deer; provisions........................................No action in 2008 SB 274-- Georgia Crime Information Center; publication of statistics; revise provisions.................................................................54, 56, 64 SB 275-- Agriculture Commissioner; date certain for rules; criminal violations.................................................................No action in 2008 SB 276-- Insurance; uninsured motor vehicle; available coverages are inadequate.........................................................................1499, 1502, 5194 SB 277-- Juvenile Proceedings; prohibit universal mental health testing/psychiatric..................................................................No action in 2008 SB 278-- Proceedings; juvenile deprivation hearings shall not be closed.....................................................................................No action in 2008 SB 279-- Georgia's Promise..................................................................No action in 2008 SB 281-- Local Government; subrecipients/units; liability; clarify certain provisions ..................................................................No action in 2008 SB 283-- Confederate Heritage and History Month; create ....................................55, 64 SB 284-- Vehicle Weight/Load; allow operator to comply with weight requirements ..............................................................No action in 2008 SB 285-- Revised PeachCare for Kids Act; change the short title .......No action in 2008 SB 286-- Health Care Liability Claim; limitation in emergency medical care; provisions........................................................No action in 2008 SB 287-- State Licensed Facilities/Public Buildings; require child safety outlets..........................................................................No action in 2008 SB 288-- Property; automatic reversion of mineral rights to fee owner; taxes not paid.............................................................No action in 2008 SB 289-- Newborn Screening Program; assessment; approved laboratories; revise provisions...............................................No action in 2008 SB 290-- Georgia Aviation Authority Act; create................................No action in 2008 SB 291-- Ad Valorem Taxation; provide annual hearings on property taxes by county .......................................................No action in 2008 SB 292-- Commercial Shrimping; opening of waters under certain conditions; provisions ...............................................No action in 2008 SB 293-- Deprived Juveniles; in-state/out-of-state placements for children.....................................................................................................55, 65 SB 294-- Prescription Drugs; substitution of generic for brand name drugs; criteria...............................................................No action in 2008 SB 295-- Controlled Substances; active chemical ingredient; Salvia divinorum A; unlawful...............................................No action in 2008 SB 296-- State Health Planning/Development; revise certain definitions; change exemptions.............................................No action in 2008 SB 297-- Teachers; local units of administration adopt disciplinary procedures; definitions ......................................No action in 2008 5206 INDEX SB 300-- Transparency in Government Act ...............................................419, 473, 536, 547, 3301, 3354, 3727, 3811, 3829, 4823, 5193, 5194 SB 302-- Forest Park, City of; authorize to exercise all redevelopment/other powers .................................................No action in 2008 SB 304-- Human Resources, Department of; data relating to individual's employer; health care.........................................No action in 2008 SB 305-- Emergency Management; licensing of non-governmental rescue organizations; provisions.............1351, 1370, 1458, 1570, 1602, 3722, 3955, 4370, 4860, 4996, 5081 SB 306-- Greater Fulton Water Authority Act; provide for definitions; powers/duties .....................................................No action in 2008 SB 307-- Uniform Rules; leaving a motor vehicle unattended; repeal Code Section 40-6-201 ............................................................55, 56, 65 SB 313-- Physicians; Composite State Board of Medical Examiners; nonprofit corporation .........................................No action in 2008 SB 314-- Bibb County Board of Tax Assessors; no person serving; eligible employee ....................................................No action in 2008 SB 315-- Driver's Licenses; abolish Georgia Driver's Education Commission.................................................................................183, 201, 220, 223 SB 318-- Courts; requesting judicial assistance from other courts; change certain provisions .....................................................................259, 275 SB 319-- Riverdale, City of; authorize to exercise all redevelopment/other powers .................................................No action in 2008 SB 320-- Albany, City of; authorize to exercise all redevelopment/other powers .................................................No action in 2008 SB 321-- Spencer Reid Henry County Reservoir Act ..........................No action in 2008 SB 324-- Gwinnett County; authorize to exercise all redevelopment/other powers ................................................................339, 343 SB 325-- Atlanta, City of; ad valorem taxes; homestead exemption; increase the amount.............................................3828, 4782, 5194 SB 326-- Retirement; appellate court judges; provide for benefits ......No action in 2008 SB 327-- Georgia State Employee Savings Plan..................................1371, 1458, 1571, 1637, 1641, 3754, 3941, 5186, 5194 SB 328-- Georgia State Employee Savings Plan..................................1374, 1458, 1571, 1643, 3813, 4312, 5194 INDEX 5207 SB 329-- Retirement; authorize the reduction of portion of member's compensation ...................................................................1371, 1458 SB 330-- Georgia Judicial Retirement System; superior court judges/district attorneys; provisions......................................No action in 2008 SB 331-- Commission for the Blind and the Visually Impaired Act; create .............................................................................No action in 2008 SB 332-- MARTA; allow a transportation services contract ....................169, 183, 1107 SB 333-- Employees' Retirement System; certain members; 34 years of services; provisions ............................................No action in 2008 SB 334-- State Licensing Board of Home Inspectors; create ...............No action in 2008 SB 335-- State Agencies; designate English as official language (PF)................................................................................................50, 473, 529, 1572, 1721 SB 336-- Quality Basic Education Act; state playoff game; seating capacity (PF) ......................................................................................50 SB 337-- Georgia Lottery Corporation Board of Directors; provide certain duties (PF) .............................................................................51 SB 338-- Insurance; prohibit prior authorization for prescription drug; definitions (PF) .....................................................................................85 SB 339-- Firearms; valid licenses; authorized to possess/carry in state parks.......................................................................................................78 SB 340-- Counties; municipal corporations; prohibit sanctuary policies; government entities.................................................78, 154, 169, 242, 3651, 3802, 5044 SB 341-- Council on Aging; assign additional duties; produce report; advisory committees ..................................................79, 337, 362, 478, 501, 3658, 4343, 5194 SB 342-- Water Conservation and Drought Relief Act ........................79, 168, 183, 220, 225, 5045, 5152, 5194 SB 343-- Made in Georgia; create program; goods manufactured/grown in Georgia ....................................................................85 SB 344-- Boards and Commissions; repeal/abolish certain ones that have become inactive .....................................................85, 259, 275, 297, 299, 3068, 4153, 5194 SB 345-- Interstate Compact on Educational Opportunity for Military Children...................................................................86, 337, 362, 477, 489, 1760, 2313, 3405, 3414, 3729, 3997, 5192, 5194 5208 INDEX SB 346-- Medical Care Professionals; providing services; compensation; free health clinic.....................................................................99 SB 347-- Insurance Companies; software an admitted asset; financial condition.................................................................99, 168, 183, 242, 244, 2395, 5194 SB 348-- Insurance; imposition of fees/taxes; counties; contravention of public policy ....................................................100, 168, 183, 217, 528, 1278, 1279, 3285, 5194 SB 349-- Penal Institutions; convicted person/detention; transmittal of information ........................................................100, 1190, 1237 SB 350-- Drivers' Licenses; requirement; driving while license suspended; provisions .................................................................100, 153, 169, 242, 249, 2396, 3054, 5194 SB 351-- Joint State-wide Water Planning Oversight Committee; provide.........................................................................................101, 236, 261, 297, 309 SB 352-- Government; legislative override; change certain exemptions ..................................................................................101, 168, 183, 220, 228, 1181, 2313, 2354, 2360, 2379, 5194 SB 353-- Public Hospital Integrity Act; enact............................................117, 182, 201, 536, 541 SB 354-- Motor Vehicles; provide another basis for first degree vehicular homicide .......................................................................................117 SB 355-- Property; mortgages; disbursement of certain settlement funds; general provisions ....................................................117, 183, 201, 242, 245, 3298, 3411, 3815, 3898, 4782, 5078, 5193, 5194 SB 356-- Fines and Forfeitures; county treasuries; payment of certain moneys..............................................................................118, 183, 201 SB 357-- Wine; provide for direct shipping; special order shipping license; amend provisions .............................................................118 SB 358-- Georgia Uniform Securities Act of 2008; repealing it and enacting new chapter ............................................................118, 337, 362, 1107, 1109, 3658, 4039, 5194 SB 359-- Made in Georgia; create program; promoting goods/product manufactured in Georgia.............................126, 290, 339, 365, 366, 2334, 5194 INDEX 5209 SB 360-- Detention; housing state inmates; increase minimum reimbursement rate paid counties................................................126, 154, 169, 191 SB 361-- Georgia Credit Protection Act; definitions; credit reports; security freeze ........................................................126, 216, 237, 430, 436, 445, 462, 477 SB 362-- Local Government; additional government services/facilities; community districts ........................................................127 SB 363-- Dentists/Dental Hygienists; advanced dental education programs; revisions .....................................................................127, 419, 473, 882, 3510, 5194 SB 364-- Livestock; remove ratites/reclassify as poultry; definitions; provisions .........................................................127, 182, 201, 242, 248, 1844, 5194 SB 365-- Juvenile Justice, Department; cost of care/support of children in temporary custody......................................................................127 SB 366-- Inmates; telecommunications devices; prohibit receiving/possessing....................................................................128, 529, 877, 1196, 1211, 3299, 4234, 5194 SB 367-- Georgia Coastal Management Act; automatic repeal; change certain provisions. ...........................................................137, 236, 261, 297, 313 SB 368-- Environmental Protection Division Director; swimming pools; limit restrictions.................................................................................137 SB 369-- Revenue Dept.; parking permit; disabled persons; active duty military physicians ......................................................137, 154, 169, 191, 193, 1098, 5194 SB 370-- Public Retirement Systems Investment Authority Law...............................137 SB 371-- Local School Districts; rail crossings; reroute buses to minimize use ...............................................................................138, 237, 261, 882, 884 SB 372-- Local Government; establishment of ethics panels.....................138, 259, 275, 365, 368 SB 373-- Peace Officers; emergency suspension of a peace officer's certification............................................................148, 260, 275, 430, 445, 1844, 5194 SB 374-- Liens; revise certain time periods of filing materialmen's/mechanics liens ....................................................149, 362, 420, 477, 490, 506, 3697, 4186, 5194 SB 375-- Mortgage Lenders/Brokers; create a nation-wide automated licensing system..........................................................................149 5210 INDEX SB 376-- Redevelopment Powers; require training; proposed tax allocation districts ........................................................................................150 SB 377-- Natural Resource Law Enforcement Officer; establish office.............................................................................................................150 SB 378-- Aging, Department of; transfer functions, duties, from Division of Aging Services ......................................................150, 1189, 1237 SB 379-- Automatic Dialing/Recorded Message; prohibit use; exceptions; definition ..................................................................151, 258, 275, 430, 447, 3722, 4015, 5194 SB 380-- Insurance; provide for filing requirements for health insurance rates ..............................................................................................151 SB 381-- No Heartbeat Act; registration and certificates of birth; change certain provisions. ...........................................................152, 419, 473, 536, 538, 4862, 4972, 5194 SB 382-- Game/Fish; license, permit, tag and stamp fees; change certain provisions ........................................................................152, 236, 261, 345, 346, 4307, 4963, 5044 SB 383-- Georgia Affordable HSA Eligible High Deductible Health Plan ..................................................................................175, 528, 877, 1107, 1173, 3403, 3644, 4370, 5194 SB 384-- Limousine Carriers; permitting by certain airports; change certain provisions. ...........................................................152, 236, 261, 278, 279, 3066, 5194 SB 385-- Limousine Carriers; provide for licensing to sell alcoholic beverages .....................................................................152, 236, 261, 1107, 1171, 2395, 5194 SB 386-- Incarcerated Persons; tested for HIV and hepatitis prior to discharge ..............................................................................163, 1371, 1458 SB 387-- Absentee Ballots; allow electors to request/cast without stating a reason ............................................................................164, 259, 275, 430, 452, 3068, 4330, 5194 SB 388-- Identity Fraud; Georgia Bureau of Investigation; authority to investigate ................................................................164, 259, 275, 297, 314, 1844, 5194 INDEX 5211 SB 389-- Watercraft; operation; revise provisions; Mandatory Boating Safety Education Act ..................................................164, 1236, 1275 SB 390-- Henry County, State Court of; provide for additional judge .............................................................................................................165 SB 391-- Secretary of State; authorize a website service provider; public notice website....................................................................175, 420, 473 SB 392-- Motor Vehicle Liability Policies; insured includes officers, agents .............................................................................................176 SB 393-- Pawnbrokers; restrict local governments' power; payment of any fee; transaction ..................................................176, 259, 275, 345, 347 SB 394-- Traffic-Control Signal Monitoring Devices; funds; trauma care network ...........................................................................176, 1190 SB 395-- Indigent/Elderly Patients; establish safety net clinic grant program ..............................................................................177, 419, 473, 536, 546 SB 396-- Administrative Services Department; remove/transfer functions ..................................................................................177, 1236, 1275, 1378, 1463, 1464, 3300, 4099, 5194 SB 397-- Bonds; issuance/validation; change certain provisions...............177, 473, 529, 1278, 1281, 3066, 5194 SB 398-- Powder Springs, City; provide mayor's/city council members terms of office..............................................................178, 339, 343, 344, 345, 3404, 3967, 5194 SB 399-- Tire Disposal Restrictions; fees imposed replacement; extend the period .........................................................................178, 291, 339, 366, 376, 377, 1759, 5194 SB 400-- Forestry/Fire; enforcement of laws; punishment; forestry investigators ...................................................................178, 361, 420, 1107, 1170, 3818, 5194 SB 401-- Medical; agency interpretations of rules shall prevail; improper payment ........................................................................................197 SB 402-- Georgia Coordinating Council for Rural and Human Services Transportation...............................................................197, 337, 362, 882, 886 5212 INDEX SB 403-- Labor; prompt payment of wages to employee following resignation/discharge ..................................................198, 528, 877, 1196, 1215, 1218, 1219, 1243, 1274 SB 404-- Georgia Health Marketplace Act; access to health care products for Georgia consumers ...............................................198, 875, 1104, 1463, 1483 SB 405-- Georgia Revised Uniform Anatomical Gift Act; enactment ....................................................................................198, 290, 339, 366, 377, 3404, 3972, 5194 SB 406-- Offenses; increase penalties for reproducing transferring; recorded material ....................................................199, 419, 473, 882, 1082, 5042, 5067, 5194 SB 407-- Contractors; revise definition of a certain term for purposes of clarification ...............................................................................199 SB 408-- Local Government Franchising Authority; provisions; telephone companies ...................................................................209, 362, 420, 882, 1085 SB 409-- Motorcycles; requiring operators/riders; protective headgear; exempt from provisions. ..............................................................210 SB 410-- State Road/Tollway Authority; authorize to create state congestion relief fund..................................................................210, 291, 339, 430, 453 SB 411-- Contracts; design-build procedure; eliminate the cap for awarding ......................................................................................210, 291, 339, 430, 454 SB 412-- Motor Vehicles; change nomenclature from "air bag" to "life bag"......................................................................................210, 473, 529, 1463, 1479 SB 413-- Boxing, Wrestling, Martial Arts; licensure/regulation; revise provisions......................................................................211, 1370, 1458, 1571, 1662 SB 414-- 2008 Georgia Firefighter Standards and Training Council Act; revise definition .................................................211, 1190, 1237, 1463, 1480, 2334, 5194 SB 415-- Juvenile Proceedings; DHR; emergency care without court order; reduce allowed time..................................................................212 SB 416-- Retirement; prohibit investment of retirement system assets in certain companies ..........................................................................212 INDEX 5213 SB 417-- Transportation Commissioner; develop/publish benchmarks; construction projects..............................................231, 291, 339, 366, 395, 3286, 4113, 5194 SB 418-- Georgia Fire Safety Standard and Firefighter Protection Act ...............................................................................................231, 337, 362, 478, 491, 3300, 3553, 5186, 5194 SB 419-- State Contracts; Administrative Services; certain contract specifications ..................................................................................231 SB 420-- Soil Erosion/Sedimentation; Department of Transportation; civil penalties.....................................................232, 291, 339, 366, 396, 1245, 1257, 1279, 1295 SB 421-- False Identification Documents; change penalties; age/nature of crime......................................................................232, 419, 473, 537, 550, 3068, 4205, 5194 SB 422-- Elections; establish polling places outside the boundaries of precincts.................................................................................232 SB 423-- Mental Illness; prohibit prior authorization; medications; Medicaid fee ...........................................................233, 337, 362 SB 424-- Barber; obtaining license to practice; change certain requirements; provisions .........................................................233, 1236, 1275, 1464, 1495 SB 425-- Insuring/Indemnification; Commissioner of Administrative Services; amend certain provisions..................233, 264, 1235, 1275, 1464, 1497, 3722, 4240, 5194 SB 426-- State-Owned Lands; prohibit construction of new private residential housing .................................................................234, 1273 SB 427-- Jekyll Island-State Park Authority; restrictions; leases or deeds ..............................................................................................234, 1273 SB 428-- Jekyll Island-State Park Authority; define certain terms .............................234 SB 429-- Agriculture Department; assigned functions; enforcement of state laws............................................................253, 337, 362, 431, 459, 3405, 3465, 3728, 3810, 3938, 4774, 5194 5214 INDEX SB 430-- DNA; GBI include information in database/compare; evidentiary materials ...................................................................253, 338, 362, 536, 545, 1869, 2317, 2400, 3046, 3290, 4108, 5194 SB 431-- Golf Hall of Fame Authority; rights of first refusal to repurchase.....................................................................................................253 SB 432-- Criminal Procedure; allow victim's family statement during sentencing procedure ........................................................................254 SB 433-- State Health Planning; destination cancer hospitals; certificate of need ........................................................................254, 419, 473, 1195, 1199, 4863, 4880, 5194 SB 434-- Retirement; Department of Adult/Technical Education to Technical College System of Georgia ............................254, 338, 362, 477, 479, 3285, 5194 SB 435-- Technical/Adult Education, Department of; change name Technical College System of Georgia.......................255, 338, 362, 430, 431, 3818, 5194 SB 436-- Corporations; voting for directors; change provisions..............255, 876, 1104, 1244, 3286, 4333, 5194 SB 437-- Motor Vehicles; registration/licensing of assembled motor vehicles/motorcycles ......................................................255, 876, 1104, 1244, 1246, 3754, 4115, 5194 SB 438-- Rules of the Road; right of way violation; penalty for second offense .........................................................................256, 1274, 1310, 1464, 1510 SB 439-- Pawnbrokers; restrict local governments' power; payment of any fee .......................................................................................256 SB 440-- Bingo; define certain terms; nonprofit organizations; pull tab games of chance ...........................................................272, 875, 1104, 1195, 1211, 1218, 1219, 1244, 1255 SB 441-- General Assembly; require an oath/affirmation purposes of testimony; committee...........................................................272, 1371, 1458 SB 442-- Public Administration, Offenses Against; false statements; political subdivisions; provisions..........................273, 1371, 1458 SB 443-- Natural Resources, Board of; game/fish criminal violations; rules; provisions ........................................................273, 361, 420, 478, 499 INDEX 5215 SB 444-- Transportation Department; dispose of surplus property............286, 362, 420, 478, 501, 519, 2335, 2375, 5194 SB 445-- Administrative Procedure; challenged agency rule; General Assembly ...................................................................287, 1369, 1458, 1570, 1593 SB 446-- Rules of the Road; motorcycles; provide for certain traffic regulations .........................................................................................287 SB 447-- Municipal Corporation; shall not charge; business license fee; disabled veterans .......................................................................287 SB 448-- Peace Officer; procedure for indictment; performance of duties; provisions .....................................................................................288 SB 449-- Landowners Protection Act of 2008; limit liability of certain landowners...................................................................331, 1235, 1275, 1464, 1499 SB 450-- Crimes Against Persons; increase the penalty for aggravated stalking.......................................................................................332 SB 451-- Protecting Georgia's Investment Act; additional exception .................................................................................332, 1371, 1458, 1569, 1570, 1583, 3635, 3989, 5194 SB 452-- Residential/General; Georgia residents with valid contractors license; examination ..................................................................332 SB 453-- Controlled Substances; state authorized to govern criminal activity; recreation ....................................................333, 1236, 1275, 1378, 1445, 3510, 5194 SB 454-- Alcoholic Beverages; Sunday sale is authorized; may authorize public stadiums............................................................333, 528, 877, 1107, 1172 SB 455-- O.C.G.A.; correct errors/omissions...........................................333, 877, 1104, 1195, 1196, 3818, 5194 SB 456-- O.C.G.A.; correct/omissions .....................................................334, 877, 1104, 1195, 1197, 3819, 5194 SB 457-- Georgia Bureau of Investigation; establish Georgia MethCheck data base ...................................................................................334 SB 458-- Education; require local school systems/schools to be accredited ................................................................................334, 1189, 1237, 1377, 1426 SB 459-- Real Estate; foreclosure; power of sale; mortgages, deeds; advertised weekly..........................................................335, 1274, 1310 5216 INDEX SB 460-- Superior Court Clerks' Retirement Fund; membership dues; creditable service ...........................................................356, 1274, 1310, 1571, 1660, 4372, 5194 SB 461-- Education; provide schools with certain guidelines regarding bullying ...................................................................357, 1368, 1458, 1571, 1630 SB 462-- Banks County; provide for advisory referendum election; form of government.......................................................357, 420, 428 SB 463-- State Minimum Standard Codes/Enforcement; adoption/continuation; provisions.............................................357, 876, 1104, 1195, 1208, 2336, 2373, 5194 SB 464-- Residential/General Contractors; licensure; five year operation requirement ..................................................................................358 SB 465-- Property; mailing/delivery of notice to debtor; requirement for notice ..............................................................358, 1367, 1458 SB 466-- Water Resources; exempt permanent facility car washes; outdoor restrictions......................................................358, 876, 1104, 1244, 1248, 3286, 4169, 5194 SB 467-- Upson County; board of commissioners; appointment of county manager/county clerk..................................................359, 420, 428, 2335, 5194 SB 468-- Insurance; require authorized insurers; publish information; annually ...............................................................359, 1235, 1275 SB 469-- Health; revise definition for personal care home; guidelines; host homes ..............................................................411, 875, 1104, 1244, 1249, 3510, 5194 SB 470-- Property and Casualty Actuarial Opinion Law .......................412, 1235, 1275, 1314, 1335, 3755, 4171, 5194 SB 471-- Insurance; regulator financial examinations of domestic insurers every 5 years..............................................................412, 1235, 1275, 1378, 1444, 3299, 4178, 5194 SB 472-- Anti-cigarette Smuggling Act; digital based cigarette stamp processes .......................................................................412, 1235, 1275, 1315, 1353 SB 473-- Accountants; increase regulatory protections; consumers of accounting service ................................................412, 528, 877, 1107, 1169 INDEX 5217 SB 474-- Minors; provide availability of parental controls over Internet access ...........................................................................413, 876, 1104, 1244, 1250, 4780, 4949, 5194 SB 475-- Georgia Fair Lending Act; revise; prohibit home loan practices; definitions ....................................................................................413 SB 476-- Game/Fish; Board of Natural Resources rules/regulations; change certain provisions ............................414, 1236, 1275 SB 477-- Counties/Municipal Corporations; unlawful to issue backdated license; penalty........................................................414, 1371, 1458 SB 478-- Douglas Judicial Circuit; create a new superior court judgeship ......................................................................................................414 SB 479-- Licensed Ambulance Services; collection of license fees; amend certain provisions ................................................465, 1236, 1275, 1378, 1443, 3659, 4121, 5194 SB 480-- HOPE scholarships; change certain definitions ......................466, 1369, 1458, 1571, 1698, 3741, 4023, 5194 SB 481-- Offenses; sexual exploitation of children; controlled access to such evidence ............................................................466, 1369, 1458 SB 482-- Government; State Law Library; repeal Chapter 11 ...............466, 1274, 1310, 1464, 1513, 4373, 5194 SB 483-- Child Support; revise certain definitions; process of calculating; provisions.............................................................467, 1236, 1275, 1464, 1521, 3066, 5194 SB 484-- State Purchasing; funds appropriated to state's budget units; small businesses .......................................................467, 532, 875, 1104 SB 485-- State Licensing Board of Home Inspectors; create; membership .............................................................................467, 1236, 1275, 1314, 1336 SB 486-- Glynn County School District Ad Valorem Taxes; homestead exemption..............................................................468, 1237, 1242, 3291, 5194 SB 487-- Transparency in Lawsuits Protection Act ....................................................468 SB 488-- Drivers' Licenses; allow foreign nationals to keep their license......................................................................................468, 1190, 1237, 1278, 1282, 3813, 4307, 5194 SB 489-- Credit Enhancement Loan Act; licensing of lenders; Department of Banking and Finance............................................................469 5218 INDEX SB 490-- State Health; skilled nursing facilities, allow to divide; certain conditions ......................................................................523, 875, 1104, 1195, 1206 SB 491-- Retirement; establish employee contribution for group term life insurance........................................................................................474 SB 492-- HOPE scholarships; definition of term eligible high school ......................................................................................523, 1189, 1237, 1279, 1286, 3741, 3883, 5186, 5194 SB 493-- Redevelopment Powers; computation of tax allocation increments of districts .............................................................523, 1235, 1275, 1315, 1354 SB 494-- Jasper County; tax commissioner; compensation; change certain provisions ........................................................524, 1237, 1241, 2395, 5194 SB 495-- Baldwin County School District; homestead exemption; increase income limitation ......................................................524, 1237, 1242, 1845, 5194 SB 496-- Mortgage Business; prohibit soliciting; fraudulent appraisal; value of property.....................................................524, 1190, 1237, 1279, 1288 SB 497-- Education; local school system; reassign high school foreign language teachers.............................................................................525 SB 498-- Cosmetic Laser Services; licensing; change certain provisions ................................................................................525, 1273, 1310, 1377, 1437 SB 499-- Life Settlements Act; license requirements for providers/brokers.....................................................................525, 1235, 1275, 1377, 1384 SB 500-- Education; change calculations; equalization grants; median household income............................................................................526 SB 501-- Seeds/Plants; certification; drought tolerant plant species; revise provisions .............................................................................526 SB 502-- Parole Board; certified parole officers employed; leave; retain their badges ...................................................................870, 1191, 1237, 1377, 1383, 2335, 5194 SB 503-- Whistleblower Open Settlements Act .....................................870, 1310, 1372, 1572, 1704 SB 504-- Insurance; religious nonprofit organization; health care sharing arrangements...............................................................870, 1309, 1372, 1464, 1519 INDEX 5219 SB 505-- Human Resources, Department of; state diabetes coordinator; establish ...................................................................................871 SB 506-- SHAPE Act; require local school systems to conduct physical testing of students .....................................................871, 1189, 1237, 1279, 1289 SB 507-- Public; requirements; basic therapy services for children with disabilities .........................................................871, 1273, 1310, 1572, 1725, 3300, 4163, 5194 SB 508-- Probate Courts; update/change provisions ..............................872, 1190, 1237, 1314, 1345, 3405, 4032, 5194 SB 509-- Local Sales/Use Taxes; revise manner/ method of collecting ....................................................................................................1098 SB 510-- Speed Detection Devices; allow use in school zones only; definitions..........................................................................................1099 SB 511-- Prosecuting Attorneys; provide for pretrial intervention/diversion programs ................................................................1099 SB 512-- Education; grants to North Georgia College students who accept military commission...........................................1099, 1191, 1237, 1279, 1292 SB 513-- Fulton County Ad Valorem Taxes; homestead exemption; county purposes...................................................1100, 3304, 3310 SB 514-- Education; determination of residency of students; change provisions...................................................................1100, 1369, 1458 SB 515-- Georgia Seed Development Commission; change provisions ..............................................................................1181, 1273, 1310, 1377, 1381, 1868, 5194 SB 516-- DeKalb County School District Ad Valorem Taxes; homestead exemption............................................................1182, 1457, 1462, 2396, 5194 SB 517-- Special License Plate; persons with disability; issuance; business vehicles ...................................................................1182, 1370, 1458, 1705, 1719, 3299, 4203, 5194 SB 518-- Insurance; include contracts, agreements; removal of dents in motor vehicle ...........................................................1182, 1309, 1372, 1464, 1523, 3813, 5194 SB 519-- Power of Sale; change the requirement for sending notice .....................................................................................1183, 1367, 1458, 1570, 1622 5220 INDEX SB 520-- Dogs; removing certain collars; provide for a misdemeanor .........................................................................1183, 1273, 1310, 1377, 1380 SB 521-- Juvenile Proceedings; redefine term; public school disciplinary actions.................................................................1183, 1368, 1458 SB 522-- Wild Animals; licenses/permits; revise certain provisions ..............................................................................1184, 1273, 1310, 1377, 1378 SB 523-- Education; capitol outlay grants to local school system; extend automatic repeal.........................................................1184, 1368, 1458, 1570, 1598, 3067, 5194 SB 524-- Valdosta-Lowndes County Parks & Recreation Authority; create....................................................................1184, 1309, 1313, 1759, 5194 SB 525-- Georgia Technology Authority; change certain powers .......1184, 1237, 1275, 1314, 1352 SB 526-- Lottery for Education Act; define certain terms; winnings assigned; conditions...............................................1225, 1368, 1458, 1570, 1600 SB 527-- Foreclosure Rescue Fraud Prevention Act; enact ......................................1226 SB 528-- Deer Farming; revise certain provisions; alternative livestock farming; regulation .....................................................................1226 SB 529-- Rules of the Road; commit felony hit/run; offense of homicide by vehicle .............................................................1226, 1369, 1458, 1571, 1702, 3741, 4248, 5194 SB 530-- Sales/Use Tax; maintenance/operation; public hospitals; joint county/municipal................................................................................1227 SB 531-- Foreclosure; conduct by the current owner/holder of mortgage; require ..................................................................1227, 1367, 1458, 1572, 1720, 3301, 4110, 5194 SB 532-- New Home Access Act; enact....................................................................1227 SB 533-- Seafood; provide regulations; require certain disclosures; definitions...........................................................1228, 1367, 1458 SB 534-- Community Ombudsman Program; change certain provisions; duties, definitions ....................................................................1267 SB 535-- Local Boards of Education; require school systems to attain/maintain accreditation .................................................1267, 1368, 1458, 1570, 1597 SB 536-- Crimes Against Persons; stalking; clarify venue for prosecution .................................................................................................1300 INDEX 5221 SB 537-- State Inspector General, Office of; establish; definitions, powers, application ............................................1301, 1369, 1458, 1571, 1703 SB 538-- Ad valorem taxes; homestead exemption; full value for certain senior citizens .............................................................1301, 1368, 1458 SB 539-- Certificate of Need Program; continuing care retirement; exempt; conditions..............................................1301, 1369, 1458, 1571, 1633 SB 540-- Advertisement of Legal Notices; on/after 1/1/2009; joint legal organ internet ............................................................................1301 SB 541-- Financial Institutions; provide for guaranteed asset protection waivers ..................................................................1302, 1367, 1458 SB 542-- Military, Emergency & Veterans Affairs; local redevelopment authorities .....................................................1302, 1368, 1458, 1570, 1601, 1690 SB 543-- Clayton, City of; provide for special/emergency meeting of mayor and council....................................................................1303 SB 544-- Newton County; provide homestead exemption; ad valorem taxes; 65 years/older................................................1303, 1544, 1549, 2335, 5194 SB 545-- Pawnbrokers; different treatment of title pawn transactions.................................................................................................1303 SB 546-- Alzheimer's Awareness Day; designate; State Alzheimer's Disease Commission ..............................................................1304 SB 547-- Brain and Spinal Injury Trust Fund; expand provisions .......1304, 1369, 1458, 1571, 1690 SB 548-- State Purchasing; prohibit use of state funds by purchase orders; personal ......................................................1304, 1369, 1458, 1571, 1701 SB 549-- Emergency Medical Services; establish three level system of stroke centers ........................................................1314, 1369, 1458, 1570, 1576, 3819, 5194 SB 550-- Custody; reside with person on state sexual offender registry; material condition ........................................................................1363 SB 551-- Financial; prohibit directors, officers; transacting business; related persons ............................................................................1363 SB 552-- Danielsville, City of; administrative and service departments; change provisions ............................................1452, 3426, 3427, 5194 SB 553-- Ringgold, City of; change the corporate limits of the city .........................................................................................1534, 1808, 1811, 2396, 5194 5222 INDEX SB 554-- Floyd County; board of elections/registration members; staggered terms......................................................................1534, 1852, 1856, 3067, 5194 SB 555-- Glynn County; board of education; compensation of members; change provisions. .................................................1760, 2349, 2358 SB 556-- Weston, Town of; to repeal an Act incorporating/providing a charter..........................................1845, 2349, 2358, 3583, 5194 SB 557-- Allentown, City of; provide for new charter.........................1845, 3304, 3307, 3826, 5194 SB 558-- Banks County; board of commissioners; provide increase in number of members ............................................2336, 3426, 3427, 3827, 5194 SB 559-- Quitman County; board of education; compensation of chairperson/members; provisions..........................................2401, 3075, 3080, 3827, 5194 SB 560-- Fort Oglethorpe, City of; judge of municipal court; provide for the election ..............................................................................2401 SB 561-- Fort Oglethorpe, City of; provide for homestead exemption; ad valorem taxes.................................................2401, 3304, 3311, 3827, 5195 SB 562-- Alcoholic Beverages; license cancellation; conviction; person under 21 ..........................................................................................2385 INDEX 5223 SENATE RESOLUTIONS SR 5-- Taxpayers' Dividend Act; restrict amendments that increase appropriations made by General Appropriations Act-CA (PF) ................................................................... 55, 65 SR 6-- State Children's Health Insurance Plan; urge U.S. Congress to provide funding and ensure reauthorization (PF) ....................................................................................... No action in 2008 SR 20-- Taxation; provide limitations on state government tax and expenditures; definitions-CA ......................................... No action in 2008 SR 21-- Taxation; limitations on grants of tax powers-CA .................................. 55, 66 SR 22-- Hospital Health Care Standards Commission; create........... No action in 2008 SR 25-- State Properties Commission; authorizing and empowering; convey certain state owned real property located in Augusta, Georgia.................................................. No action in 2008 SR 26-- State Properties Commission; authorizing and empowering; convey certain state owned real property located in Augusta, Georgia.................................................. No action in 2008 SR 49-- Justice, U.S. Department of; urged to oppose the proposed unsolicited takeover of Delta Air Lines ................ No action in 2008 SR 63-- L. M. Moye, Jr. Memorial Bridge; Stewart County; dedicate ................................................................................. No action in 2008 SR 71-- Alcohol Regulation Senate Study Committee; create .......... No action in 2008 SR 104-- Eddie Wiggins Bridge; Houston County; dedicate............... No action in 2008 SR 125-- Lottery Funds; reserved only for the HOPE Scholarship Program-CA.......................................................................... No action in 2008 SR 130-- Townships; power of zoning/regulation of land use development; funding-CA .................................................... No action in 2008 SR 133-- Augusta, Georgia, Environmental Issues; create joint study committee.................................................................... No action in 2008 SR 136-- Emmett Henry Austin Memorial Bridge; dedicate............... No action in 2008 SR 140-- U.S. Congress; urged to enact legislation that would amend the Medicare program .................................................... 361, 420, 1566 SR 154-- Joint Human Services Transportation Study Commission; create............................................................... No action in 2008 SR 228-- Peace Officers; appropriate funds necessary to provide for retirement credit for retired members; prior to January 1, 1976-CA .............................................................. No action in 2008 SR 229-- Paul Keenan Parkway; Dougherty County; dedicate ........... No action in 2008 SR 248-- Ad Valorem Taxes; prohibit county from levying within a municipality as special services districts-CA .................... No action in 2008 SR 261-- Waffle House; recognize ...................................................... No action in 2008 5224 INDEX SR 263-- Commuter Rail; Athens to Atlanta; urging U.S. Congress to provide funding................................................. No action in 2008 SR 279-- Senate; provide four-year terms of office for members-CA......................................................................... No action in 2008 SR 282-- Georgia One Tax; prohibit subsequent imposition of state ad valorem taxes/state income taxes; comprehensive consumption tax-CA.................................... No action in 2008 SR 283-- Joint Nonpoint Source Pollution Control Study Committee; create ................................................................. No action in 2008 SR 297-- PFC Elwood W. Odom Memorial Bridge; dedicating ......... No action in 2008 SR 298-- MIA/KIA Bryant H. Roberts, SFC Memorial Bridge; dedicating.............................................................................. No action in 2008 SR 299-- POW Fred L. Belcher Memorial Bridge; dedicating............ No action in 2008 SR 301-- Phil Walden Memorial Interchange; dedicating ................... No action in 2008 SR 319-- North Georgia College/State University; urge Board of Regents to maintain current military program................................... 55, 56, 66 SR 327-- Joint Atlantic Coastal Beach Preservation and Maintenance Study Committee; create................................. No action in 2008 SR 341-- Motor Fuel Taxes; funds appropriated; adequate system of public roads/bridges; transportation purposes-CA ........... No action in 2008 SR 344-- Citizens' Redistricting Commission; create; apportionment of General Assembly .................................... No action in 2008 SR 345-- Public Funding; faith based organizations; prevent discrimination-CA ......................................................................... 55, 66, 1273 SR 355-- Health Care Transformation; create joint study committee.............................................................................. No action in 2008 SR 361-- PeachCare for Kids; provide for imposition of a state/use tax at rate of 1 percent; health care coverage for all Georgia children-CA.................................................. No action in 2008 SR 364-- Georgia Capital Punishment Study Committee; create ........ No action in 2008 SR 370-- Court of Appeals/Supreme Court; election; term of office-CA .............................................................................. No action in 2008 SR 374-- Little, Jane; recognize .................................................................................. 219 SR 375-- Public Funding; separate charitable affiliates of religious/sectarian organizations; provide for conditions/requirements-CA................................................. No action in 2008 SR 377-- Jekyll Island Authority; redevelopment of resort/facilities; to exercise great caution/restraint ............... No action in 2008 SR 387-- Congress; urged to adopt the United States National Health Insurance Act ............................................................ No action in 2008 SR 388-- U.S. Congress; urged to enact Prevention First Act ............. No action in 2008 SR 400-- Tax Credits for Community Service Contributions-CA....... No action in 2008 INDEX 5225 SR 404-- John Paul Ellis Highway; dedicate ....................................... No action in 2008 SR 428-- Senate Railroad Safety and Security Study Committee; create ..................................................................................... 55, 66, 529, 3522, 3523 SR 439-- Soil and Water Conservation Districts; selection of supervisors; express objection of Senate to any changes from current status ................................................................ No action in 2008 SR 445-- Joint Commercial Sexual Exploitation of Minors Study Commission; create................................................................ 5043, 5098, 5195 SR 453-- Veterans Memorial Highway; Carroll County; dedicate...... No action in 2008 SR 454-- C.C. Perkins Memorial Highway; Carroll County; dedicate ................................................................................. No action in 2008 SR 486-- Clint H. Bryant Memorial Bridge; designate........................ No action in 2008 SR 515-- Ad Valorem Taxation; exemptions which may be authorized locally-CA........................................................... 1275, 1310, 1464, 1705, 1712 SR 598-- Joint Nuclear Plant Vogtle Environmental Justice Issues Study Committee; create....................................................... No action in 2008 SR 636-- Senate Comprehensive Lien Law Study Committee; create ..................................................................................... No action in 2008 SR 677-- Boards of Trustees; various retirement systems in the state; urged not to invest in companies included in terrorism sanctions................................................................ No action in 2008 SR 686-- Ad Valorem Taxation; freezing values of existing residential real property; provide conditions/limitationsCA (PF)................................................................................. 86, 216, 237, 297, 315 SR 687-- Ad Valorem Taxation; local replacement option; provide for procedures, conditions, and limitation-CA....... 51, 182, 201, 1572 SR 689-- Senate Convened; notify the House of Representatives................................ 51 SR 690-- General Assembly convened; notify the Governor ....................................... 52 SR 691-- Collie, Officer Shane; recognize.................................................................... 81 SR 692-- Fullbright, Linda; commend .......................................................................... 82 SR 693-- Johnson, Patrick; commend ........................................................................... 82 SR 694-- Burke, David Anthony; commend................................................................. 82 SR 695-- Jackson, Malcolm; commend ........................................................................ 82 SR 696-- Stembridge, Andrew; commend .................................................................... 82 SR 697-- Greene, Lieutenant Bill; recognize ................................................................ 82 SR 698-- Hunter, Mrs. Mildred Morse; honoring ......................................................... 82 SR 699-- Jenkins, Robert; recognize............................................................................. 82 5226 INDEX SR 700-- 2008 Intel International Science and Engineering Fair; recognize................................................................................................ 82, 158 SR 701-- State-Wide Water Management Plan; to ratify; provide force and effect; provide for construction .............................. 79, 87, 102, 121, 122 SR 702-- Cartersville Senior League All Stars; commend ........................................... 83 SR 703-- Wilder, Lorenzo; recognize ........................................................................... 83 SR 704-- Georgia Tech Women's Tennis Team; commend................................ 83, 1861 SR 705-- Ronald Reagan Day; recognize February 6, 2008 ......................................... 83 SR 706-- U.S. Congress and President; urged to enact legislation to increase physician residencies funded by Medicare in Georgia...................................................................................... 80, 1371, 1458, 1567 SR 707-- Gilliland, Thomas C.; recognize.................................................................... 83 SR 708-- Phillips, Jr.; John Temple; condolences ........................................................ 88 SR 709-- Murphy, Morgan Grier; condolences ............................................................ 88 SR 710-- Baxter, Dennis; commend.............................................................................. 88 SR 711-- Sportsmen's Day at the Capitol...................................................................... 88 SR 712-- Valdosta State University Football Team; recognize .......................... 89, 1192 SR 713-- Dean, David; recognize........................................................................ 89, 1193 SR 714-- Harris, Mr. Andrew J.; commend .................................................................. 89 SR 715-- Martin Luther King, Jr. National Memorial; urging General Assembly to commemorate life/work; contributing funds .......................................................................................... 89 SR 716-- Jere Ayers Parkway; Madison County; dedicate ......................................... 101 SR 717-- Lamie, Sergeant Gene L.; condolences ....................................................... 103 SR 718-- American Camellia Society; designating the headquarters facility with appropriate signage ............................................ 101 SR 719-- Phillips, James Tyler; recognize .................................................................. 104 SR 720-- Korean War Veterans Memorial Highway; Muscogee, Bibb, and Glynn; dedicate ........................................................................... 102 SR 721-- Courts; limitation on jurisdiction; appropriations by the General Assembly-CA.............................................................. 102, 120, 1369, 1458, 1572, 1705 SR 722-- Grady Oversight Committee; create; Fulton-DeKalb Hospital Authority, Grady Health System, and Henry W. Grady Memorial Hospital; review ........................................ 119, 182, 201, 536, 540 SR 723-- Justice Clarence Thomas Interchange; Chatham County; dedicate .......................................................................................... 119 SR 724-- Sizemore, Mrs. Charlene; honoring..................................................... 120, 297 INDEX 5227 SR 725-- Pearson, Dr. Ozias; recognize...................................................................... 120 SR 726-- Clarkston, City of; celebrate .............................................................. 129, 1767 SR 727-- Jakes, Sr., Pastor Martin L.; recognize ........................................................ 129 SR 728-- Goods News Clinic in Gainesville, Georgia; recognize ...................... 129, 159 SR 729-- Health Access Initiative in Hall County, Georgia; commend.............................................................................................. 129, 159 SR 730-- Schexnayder, Andrew Kyle; Eagle Scout; commend.................................. 130 SR 731-- 2007 Warner Robins American Little League All-Star Team; recognize................................................................................... 130, 146 SR 732-- Robinson, Charles A.; condolences ............................................................. 130 SR 733-- PFC Robert Adrian Worthington Memorial Highway; Henry County; dedicate; condolences to family and friends .......................................................................................................... 128 SR 734-- Williams, Linda; honoring........................................................................... 130 SR 735-- Georgia's sustainable and environmentally friendly businesses; commend................................................................................... 130 SR 736-- Mukami, Mwangi; recognize............................................................... 143, 188 SR 737-- Ward, Kevin; commend............................................................................... 143 SR 738-- Lofton, Keldrique; congratulate................................................................... 143 SR 739-- Technical College System of Georgia Day; proclaim January 29, 2008 .......................................................................................... 143 SR 740-- Keep Georgia Beautiful Program; commemorate ....................................... 144 SR 741-- Brown, Dr. Frank Douglas; congratulate..................................................... 144 SR 742-- Columbus State University; congratulate .................................................... 144 SR 743-- Georgia Forestry Commission; recognize ........................................... 144, 159 SR 744-- Carlton, Mr. Chad; recognize ...................................................................... 144 SR 745-- Harper, Mr. Charlie; condolences................................................................ 144 SR 746-- First Bryan Baptist Church; recognize ........................................................ 144 SR 747-- Parker, Jimmy Lee; condolences ................................................................. 144 SR 748-- Grady Health System; urged to adopt changes to its employee health benefits plan; utilize Grady Health System for primary health care................................................... 139, 160, 182, 201, 536, 544 SR 749-- Tourism Industry in Georgia; Tourism Day, proclaim January 29, 2008 .......................................................................................... 145 SR 750-- Transportation, U.S. Department of; urged to reconsider its mission and purpose............................................................... 139, 237, 261, 278, 281, 3735, 5195 SR 751-- Community Health Centers Day; recognize February 13, 2008 ............................................................................................... 145, 343 5228 INDEX SR 752-- Vienna Historic Preservation Society; recognize ........................................ 145 SR 753-- Property Conveyance; City of Thomaston; Upson County......................................................................................... 139, 529, 877, 1195, 1198, 2397, 5195 SR 754-- Paige, Kameron; commend.......................................................................... 145 SR 755-- Tuttle, Demetrice; recognize................................................................ 146, 278 SR 756-- Joint Conventions; recognize............................................................... 146, 171 SR 757-- NeighborWorks America, D&E Group, and Department of Housing/Urban Development; recognize ........................................ 147, 171 SR 758-- McLendon, Captain Kelly; recognize.................................................. 147, 421 SR 759-- Reed, Officer Jeff; commend............................................................... 147, 421 SR 760-- Georgia veterinarians; commend................................................................. 147 SR 761-- Georgia Peach Festival; commend ...................................................... 147, 171 SR 762-- Foster, Jayson; commend..................................................................... 156, 203 SR 763-- Barnes, Sondra Marie; recognize................................................................. 156 SR 764-- BOMA Day; recognize January 31, 2008............................................ 156, 171 SR 765-- Lupus Awareness Day; designate March 5, 2008 ............................. 157, 1381 SR 766-- Appling County Bulldawgs 4-H Gun Team; recognize .................... 157, 1312 SR 767-- Health Care Transformation; create Senate Study Committee............................................................................... 153, 3304, 3305, 3522 SR 768-- Jensen, Nicholas Christian; commend......................................................... 157 SR 769-- Lester, Jr., Charles T.; recognize ................................................................. 157 SR 770-- Girls and Women in Sports Day; recognize February 7, 2008 ............................................................................................................. 157 SR 771-- National Wear Red Day; recognize February 1, 2008................................. 157 SR 772-- Burch, Robert Joseph; condolences............................................................. 157 SR 773-- Whitewater High School Girls Soccer Team; congratulate.................................................................................................. 157 SR 774-- Dunnock, Mr. Dan; recognize ..................................................................... 158 SR 775-- Starr's Mill High School Girls Tennis Team; recognize.............................. 158 SR 776-- Sandy Creek High School Boys Track Team; recognize ............................ 158 SR 777-- McIntosh High School Boys' Soccer Team; congratulate.................................................................................................. 158 SR 778-- Smith, Archbishop Jimmie L.; condolences ................................................ 158 SR 779-- A Future. Not a Past. Day; recognize January 30, 2008.............................. 156 SR 780-- Hill, Rev. Matthew; honoring...................................................................... 158 INDEX 5229 SR 781-- Georgia Department Of Transportation; urged to develop a state-wide strategic transportation plan/to take certain other actions ............................................................ 165, 237, 261, 278, 283, 3736, 4123, 5195 SR 782-- Adjournment; relative to...................................................... 159, 163, 194, 269 SR 783-- Newborn Church of Faith in Christ; commend ........................................... 170 SR 784-- Dalton, Dr. Martin L.; commend ................................................................. 170 SR 785-- University of Georgia Bulldogs Football Team Head Coach Mark Richt; recognize ...................................................................... 171 SR 786-- Motor Fuel Taxes; provide for the authority of General Assembly to approve, reject, modify any proposed expenditure of revenue-CA.......................................................................... 165 SR 787-- Boney, Mayor Robert S."Bob"; condolences .............................................. 171 SR 788-- Brain Injury Related Neurobehavioral Issues; create Senate Study Committee........................................................... 165, 875, 1104, 3522, 3525 SR 789-- Georgia's Registered Nurses; commend ...................................................... 187 SR 790-- Rural Health Day; recognize February 12, 2008 ................................. 187, 296 SR 791-- G.W. Carver High School Football Team; congratulate ..................... 187, 343 SR 792-- Augusta Metro Chamber of Commerce; recognize ..................................... 187 SR 793-- Knox, Jr., Mayor Bob; recognize................................................................. 187 SR 794-- Hooper, Jr., Chief Roy Franklin; commend ...................................... 187, 1546 SR 795-- Cronic, Sheriff Steve; commend........................................................ 187, 1546 SR 796-- Ad Valorem Tax Reform; freeze valuation of real property except certain adjustments; procedures, conditions, limitations for cert. increases-CA ............................ 179, 216, 237, 297, 318 SR 797-- Stanley, Sr., Mr. R.T.; Mr. R.T. Stanley Jr.; recognize ............................... 187 SR 798-- Luikart, Lieutenant Colonel Kenneth; commend ........................................ 202 SR 799-- Mary Hines Johnson Day; proclaim February 9, 2008................................ 202 SR 800-- Lakly, Mr. Daniel J.; condolences ............................................................... 202 SR 801-- Greene, Mrs. Julie; recognize .............................................................. 202, 219 SR 802-- Bland, Delbert; commend .................................................................... 202, 219 SR 803-- Emanuel County Institute Bulldogs; congratulate............................... 203, 221 SR 804-- Atlanta Fine Arts League, Inc.; recognize ................................................... 218 SR 805-- Darton College Golf Team; commend ........................................................ 218 SR 806-- St. Philip Monumental A.M.E. Church; recognize...................................... 218 SR 807-- Savannah Community Church/ Give Kids A Smile Program; commend...................................................................................... 218 5230 INDEX SR 808-- Lucy Craft Laney Museum of Black History; recognize ............................ 218 SR 809-- Congress, Governmental Agencies, Automobile Industry; urged to substitute the term "life belt" for "seat belt" and "life bag" for "air bag"........................................ 212, 473, 529, 1572, 1724 SR 810-- Democracy Restored: A History of the Georgia State Capital; recognize ................................................................................ 218, 278 SR 811-- William Harvey Jewell, Sr. Memorial Bridge; BerrienAtkinson County; dedicate .......................................................................... 212 SR 812-- Shellie W. Parrish Memorial Bridge; Berrien County; dedicate ........................................................................................................ 213 SR 813-- Lucious Murphy Jacobs Bridge; Berrien County; dedicate ........................................................................................................ 213 SR 814-- Virgil T. Barber Bridge; Berrien County; dedicate ..................................... 213 SR 815-- Hubert F. Comer Memorial Bridge; Berrien County; dedicate ........................................................................................................ 213 SR 816-- Pharmaceutical Research and Manufacturers of America (PhRMA); recognize..................................................................... 218 SR 817-- Future Farmers of America; recognize ................................................ 219, 432 SR 818-- Georgia Farmer Bureau Federation; recognize.................................... 219, 297 SR 819-- Senate Comprehensive Firearms Law Study Committee; create ....................................................................... 213, 259, 275, 366, 398 SR 820-- Joint Department of Natural Resources Law Enforcement Study Committee; create ..................................... 214, 876, 1104, 1464, 1524, 4373 SR 821-- Stokes, Alyssa; commend ............................................................................ 219 SR 822-- Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission; create; appointment ..................... 234, 291, 339, 477, 478, 4369, 4955, 5195 SR 823-- Lee, Emory; condolences............................................................................. 238 SR 824-- Starr, Mr. Wade; condolences ..................................................................... 238 SR 825-- Excelsior Electric Membership Corporation; recognize ............................. 238 SR 826-- Northside High School Eagles Football Team; commend.............................................................................................. 262, 299 SR 827-- U.S. Congress; urged to withdraw the United States from the Security and Prosperity Partnership of North America....................................................................................... 235, 339, 362, 3519, 3520, 3551 SR 828-- Jones, Miss Hannah Lee; recognize..................................................... 239, 245 SR 829-- Cordele-Crisp County Fish Fry; recognize.......................................... 239, 245 INDEX 5231 SR 830-- Shope, Mr. Grant, Mr. Jake Baudin, Mr. Cody Hall; commend...................................................................................................... 239 SR 831-- People's Republic of China; expressing cultural, economic, and educational cooperation.................................. 256, 1108, 1371, 1458, 1567 SR 832-- Perlotto, Dawn; commend ........................................................................... 262 SR 833-- Ramsey, Janice; commend........................................................................... 262 SR 834-- Kortum, Helen; commend ........................................................................... 262 SR 835-- Hermes, Beth; commend ............................................................................. 262 SR 836-- Hordos, Sandra; commend........................................................................... 262 SR 837-- Seldon, Sr., Mr. Albert; recognize............................................................... 262 SR 838-- Pettis, Mrs. Toni; recognize......................................................................... 262 SR 839-- Martin, Mr. & Mrs. Troy and Bridget; recognize........................................ 263 SR 840-- Dismuke, Sara; Hatcher, Sally; commend................................................... 263 SR 841-- Taylor, Charles McKenzie "Mack"; condolences ....................................... 263 SR 842-- Transportation, Georgia Department of; urged to build a maglev train connecting Hartsfield-Jackson in Atlanta with Chattanooga Municipal Airport...................................... 256, 1372, 1458, 1567 SR 843-- Harshbarger, Miss Laura Brett; commend........................................... 263, 343 SR 844-- Elward, Cameron John; commend............................................................... 263 SR 845-- County Governments; transportation improvement sales and use tax-CA.................................................................... 257, 362, 420, 477, 481, 2386, 2460, 3049, 3061, 5147, 5151 SR 846-- Burkett, Christopher Brooks; commend ...................................................... 263 SR 847-- Handy, Craig Douglas; commend................................................................ 263 SR 848-- Didicher, Mr. John; congratulations .................................................... 277, 539 SR 849-- PAGE Day on Capitol Hill ................................................................ 277, 1108 SR 850-- African American Business Enterprise Day; proclaim February 12 .......................................................................................... 277, 314 SR 851-- Buford High School Football Team; recognize................................... 277, 432 SR 852-- Buford High School Lady Wolves Softball Team; congratulate.......................................................................................... 277, 365 SR 853-- Abraham Baldwin Agricultural College; celebrate ............................. 278, 365 SR 854-- 4-H Day at the Capitol ................................................................................. 278 SR 855-- Chandler, Donna; commend ........................................................................ 292 SR 856-- Rowell, Jeff; commend ................................................................................ 292 SR 857-- Kugelman, Maria; commend ....................................................................... 292 5232 INDEX SR 858-- Monahan, Mr. Steve; commend................................................................... 293 SR 859-- Ad Valorem Taxes; repeal the levy of state ad valorem taxes except in the case of an emergency-CA ............................ 276, 290, 339, 366, 399 SR 860-- National Federation of Independent Business in Georgia; recognize....................................................................................... 293 SR 861-- Barfield, Mr. Grover; recognize ........................................................ 293, 1551 SR 862-- Israel, State of; expressing cultural, economic, and educational cooperation ..................................................... 288, 338, 341, 1197 SR 863-- Motor Fuel, Sale/Use Tax; funds derived shall be allocated; providing/maintaining adequate system of public-use airports/railroads ........................................................................ 288 SR 864-- Traditional Migration Month; recognize November ........................... 293, 411 SR 865-- Muscogee County Office of Elections and Registration; commend; Sharmel Veasley; congratulate .................................................. 293 SR 866-- Causey, Dr. Virginia; commend .................................................................. 293 SR 867-- Northland Neighbors; commend.................................................................. 293 SR 868-- Schuster, Todd; commend ........................................................................... 293 SR 869-- Historic Linwood Foundation; commend.................................................... 293 SR 870-- Reynolds Bickerstaff, Mark Lucas, Jim Lucas; commend...................................................................................................... 294 SR 871-- Jenkins, Celia; commend ............................................................................. 294 SR 872-- Spencer, Kyle; commend............................................................................. 294 SR 873-- Antrobius, Becky; commend ....................................................................... 294 SR 874-- Billie Holmes, Mat Swift, Mayor Jim Wetherington, Frank Brown, & City Manager Isaiah Hugley; commend...................................................................................................... 294 SR 875-- Curtin, Garry; commend .............................................................................. 294 SR 876-- Mary Poindexter & Mary Walker; commend.............................................. 294 SR 877-- Shaw High School Young Historians; commend ........................................ 294 SR 878-- Robert Ashley & Randy Perez; commend................................................... 294 SR 879-- Reese Road Parent Teacher Association; commend ................................... 295 SR 880-- Amos, Paul & Courtney; commend............................................................. 295 SR 881-- The RiverMill Event Centre; commend ...................................................... 295 SR 882-- Doug Purcell & Mike Bunn; commend ....................................................... 295 SR 883-- Ernie Smallman & David Cummings; commend ........................................ 295 SR 884-- Jordan Construction Academy; commend................................................... 295 SR 885-- Swift, Mary Lou; commend......................................................................... 295 SR 886-- Lindsey, Christopher; commend.................................................................. 295 SR 887-- Biggers, Janice P.; commend....................................................................... 295 INDEX 5233 SR 888-- Mims, Cavanaugh S.; commend.................................................................. 296 SR 889-- Brookstone School Young Historians; commend ....................................... 296 SR 890-- Gregory, Tim and Erin; commend............................................................... 296 SR 891-- Men's Progressive Club of Columbus, Inc.; commend ............................... 296 SR 892-- Georgia Physicians Leadership Academy; inaugural class members; commend .................................................................... 296, 297 SR 893-- Exceptional Adult Georgian in Literacy Education (EAGLE) delegates; congratulate................................................................ 296 SR 894-- Engelauf, Bob; commend ............................................................................ 296 SR 895-- Metro Albany Day; recognize February 13 ................................................. 341 SR 896-- Emergency Medical Services Week; recognize .......................................... 341 SR 897-- Emergency Medical Services Recognition Day; recognize February 21 ......................................................................... 341, 536 SR 898-- Bosson, Reverend Allan; commend ............................................................ 341 SR 899-- Savannah Arts Academy's Silver Winds Ensemble; commend...................................................................................................... 341 SR 900-- Brooks, Susan; recognize............................................................................. 341 SR 901-- Interface, Inc.; congratulate ......................................................................... 342 SR 902-- Tennessee Valley Authority; recognize....................................................... 342 SR 903-- Republic of Austria; expressing cultural, economic, and educational cooperation ............................................................................... 342 SR 904-- Zaccari, Ronald M.; recognize........................................................... 342, 1193 SR 905-- Azalea International Folk Fair/Dance Competition; designate as Georgia's Official International Festival ................................. 342 SR 906-- Allen, Sam; recognize.................................................................................. 342 SR 907-- Willis, Mr. Joshua; condolences.................................................................. 342 SR 908-- Li, Mrs. Jane; recognize............................................................................... 363 SR 909-- Epilepsy Awareness Day; recognize February 20 ....................................... 364 SR 910-- Oglesby, Lynn; commend............................................................................ 364 SR 911-- Cherokee County Marshal's Office; commend............................................ 364 SR 912-- Buchanan, Wade; commend ........................................................................ 364 SR 913-- Echols County, Georgia; recognize ............................................................. 364 SR 914-- Webb, Dr. Charles; commend ..................................................................... 364 SR 915-- Davis, Jefferson Finis; recognize................................................................. 364 SR 916-- Peanut Butter and Jelly Day; recognize March 5 .............................. 364, 1373 SR 917-- Wade, Kristin; condolences ......................................................................... 365 SR 918-- Alpha Kappa Alpha Day; recognize February 18........................................ 365 SR 919-- Political Commentators; expressing dismay of those who engage in attacks on certain candidates ............................................... 359 SR 920-- Jarrell, Dr. Harold; commend ...................................................................... 365 5234 INDEX SR 921-- Jarrell, Dr. Floyd; commend ........................................................................ 365 SR 922-- Tah, Mr. Varum Kumar; commend ............................................................. 421 SR 923-- Dental Hygenists' Appreciation Day; recognize.......................................... 421 SR 924-- Georgia Crisis Intervention Team; recognize.............................................. 422 SR 925-- Entrepreneurship Week at the Capitol; recognize February 23-March 1 ................................................................................... 422 SR 926-- Leadership Rome Program; commend ........................................................ 422 SR 927-- Garrett, Ms. Bertie Mae; commend ................................................... 422, 1206 SR 928-- Mercer University; recgonize ...................................................................... 422 SR 929-- Macon Day in Atlanta-Taste of Macon; recognize February 28 ........................................................................................ 422, 1243 SR 930-- 2008 Legislative Fitness Challenge; recognize February 25 .................................................................................................. 422 SR 931-- BlazeSports America; recognize.................................................................. 422 SR 932-- Anderson, Zechariah; Outstanding Scholar; commend ............................... 423 SR 933-- Metts, James; Outstanding Scholar; commend............................................ 423 SR 934-- Truitt, Mary Y.; Outstanding Scholar; commend........................................ 423 SR 935-- Brooks, Craig Robert; Outstanding Scholar; commend .............................. 423 SR 936-- Graham, Carolyn A.; Outstanding Scholar; commend................................ 423 SR 937-- Barnes, Cheryl D.; Outstanding Scholar; commend.................................... 423 SR 938-- Ryan, Gregory Alan; Outstanding Scholar; commend ................................ 423 SR 939-- Kornder, Julie June; Outstanding Scholar; commend ................................. 424 SR 940-- Ekhomu, Jessica L.; Outstanding Scholar; commend ................................. 424 SR 941-- Miller, Lauren Courtney; Outstanding Scholar; commend...................................................................................................... 424 SR 942-- O'Hara, Joshua Seth; Outstanding Scholar; commend ................................ 424 SR 943-- McDonald, Robert; Outstanding Scholar; commend .................................. 424 SR 944-- Gunderson, Mary; Outstanding Scholar; commend .................................... 424 SR 945-- Stokes, Cherry A.; Outstanding Scholar; commend.................................... 424 SR 946-- Chambers, Erik; Outstanding Scholar; commend ....................................... 425 SR 947-- Wood, Mary S.; Outstanding Scholar; commend........................................ 425 SR 948-- Jackson, Dominique; Outstanding Scholar; commend................................ 425 SR 949-- Nunley, Laura M.; Outstanding Scholar; commend.................................... 425 SR 950-- Barber, Krissie L.; Outstanding Scholar; commend.................................... 425 SR 951-- Morgan, Taylor D.; Outstanding Scholar; commend .................................. 425 SR 952-- Deiters, Heather Ashley; Outstanding Scholar; commend...................................................................................................... 425 SR 953-- Shah, Deep J.; Outstanding Scholar; commend........................................... 426 SR 954-- Tullis, Paul H.; Outstanding Scholar; commend ......................................... 426 SR 955-- Faircloth, Amanda D.; Outstanding Scholar; commend.............................. 426 INDEX 5235 SR 956-- Dunaeva, Aleksandra; Outstanding Scholar; commend .............................. 426 SR 957-- Moye, Tara L.; Outstanding Scholar; commend ......................................... 426 SR 958-- Baker, Ana C.; Outstanding Scholar; commend.......................................... 426 SR 959-- Jolley, Rachael Allison; Outstanding Scholar; commend ........................... 426 SR 960-- Hendricks, Jeffrey Lynn; Outstanding Scholar; commend...................................................................................................... 427 SR 961-- Abney, James Howard; Outstanding Scholar; commend ............................ 427 SR 962-- Jones, Yoshana B.; Outstanding Scholar; commend ................................... 427 SR 963-- Trejo, Maria Guadalupe; Outstanding Scholar; commend...................................................................................................... 427 SR 964-- Norton, Christina; Outstanding Scholar; commend .................................... 427 SR 965-- Taxpayer Dividend Amendment of 2008; income tax relief in the event of budget surplus; definitions; provide for excess revenues-CA .................................................................. 415 SR 966-- Cagle, Mr. John Athon; recognize............................................................... 474 SR 967-- Empire Board of Realtists, Inc.; commend.......................................... 475, 551 SR 968-- Beazer, Jabez; recognize.............................................................................. 475 SR 969-- Columbus High School Girls' Volleyball Team; recognize.............................................................................................. 475, 489 SR 970-- Open Meetings/Records; any governmental body; performing public purpose shall be open to the publicCA ................................................................................................................ 469 SR 971-- Edwards, Linda; commend .......................................................................... 475 SR 972-- Houston County Board of Education; congratulate..................................... 475 SR 973-- Bumpus, Reverend James Louis; commend................................................ 475 SR 974-- Ratliff, Bill; commend ................................................................................. 475 SR 975-- Solinko, Mrs. Lorraine Stella; honoring ...................................................... 475 SR 976-- Saunders, Sherry; commend ........................................................................ 476 SR 977-- Ruffer, Cheryl; commend ............................................................................ 476 SR 978-- Miracle Making Ministries, Inc.; Pastor Robert L. Williams; commend..................................................................................... 476 SR 979-- Pilgrim Health and Life Insurance; recognize ............................................. 476 SR 980-- General Bill Livsey Highway; Fayette County; dedicate ............................ 470 SR 981-- Adjournment; relative ............................................................... 460, 523, 1094, 1297 SR 982-- 283rd Combat Communications Squadron of Georgia Air National Guard; commend .................................................................... 476 SR 983-- Bullock, III, Dr. Charles S.; recognize .............................................. 476, 1373 SR 984-- Cablik, Ms. Anna R.; recognize................................................................... 476 SR 985-- Stelling, Jr., Mr. Kessel D.; recognize......................................................... 476 5236 INDEX SR 986-- Watson, Mr. John K.; recognize .................................................................. 477 SR 987-- Oconee County Middle School Future Farmers of America; recognize ...................................................................................... 477 SR 988-- Dubberly, Jr.; B. Daniel; commend ............................................................. 477 SR 989-- Long, Ms. Dianne; commend ...................................................................... 531 SR 990-- Promised Land Farm; commend.................................................................. 531 SR 991-- Orange, Rev. Doctor James Edward; recognize .......................................... 531 SR 992-- Stephens County; recognize ........................................................................ 531 SR 993-- Paul Anderson Memorial Park; recognize......................................... 531, 2361 SR 994-- GAcollege411 Day at the capitol; recognize ............................................... 531 SR 995-- Georgia Drugs and Narcotics Agency; recognize ....................................... 531 SR 996-- Counties/Municipalities; local boards of education; authorize to use tax funds for redevelopment purposes/programs-CA ........................................................... 526, 1235, 1275, 1315, 1355, 5044, 5144, 5195 SR 997-- Tattnall Square Academy Football Team; recognize ........................ 532, 1193 SR 998-- Murphey Candler Little League Organization; commend...................................................................................................... 532 SR 999-- 2007 Georgia School for the Deaf Football Team; recognize.............................................................................................. 532, 539 SR 1000-- Georgia School for the Deaf Girls' Basketball Team; recognize.............................................................................................. 532, 539 SR 1001-- Callaway, Coach Anson S.; honoring................................................ 532, 1858 SR 1002-- University of West Georgia Cheerleading Teams; commend.............................................................................................. 532, 541 SR 1003-- World Organization of China Painters to Tybee Island, Georgia; recognize....................................................................................... 878 SR 1004-- Third Infantry Division of U.S. Army; recognize ....................................... 878 SR 1005-- Imperial Sugar Plant; communities/organizations; recognize...................................................................................................... 539 SR 1006-- Noninterference in medical decisions; right of individual shall not be infringed-CA ........................................................... 872 SR 1007-- Georgia Congressional Delegation; urged to oppose efforts by U.S. Environmental Protection Agency; air quality standard more strict .................................................... 872, 1370, 1458, 3516, 3517 SR 1008-- Roberson, Reverend Joseph; recognize ....................................................... 879 SR 1009-- Britt II, Mr. David; recognize ...................................................................... 879 INDEX 5237 SR 1010-- President/U.S. Congress; urged to call for peaceful resolution in Kenya; support of House Congressional Resolution 283 ........................................................................ 872, 1309, 1372, 1567 SR 1011-- President/U.S. Congress; urged to review conviction/incarceration of former agents Ignacio "Nacho" Ramos/Jose Alonso Compean.................................. 873, 1309, 1372, 1567 SR 1012-- Public Property; conveyance; 10 counties.............................. 873, 1191, 1237, 1314, 1315, 3698, 4252, 5195 SR 1013-- Paschal, CMSGT Donald Neal; recognize .................................................. 879 SR 1014-- Vickery, Mr. Donald E.; recognize.................................................... 879, 1193 SR 1015-- Gordon, Dr. Carl; condolences .................................................................... 879 SR 1016-- Traditional Migration Month; recognize month of November................................................................................................... 1105 SR 1017-- Watkins, James Paul; commend ................................................................ 1105 SR 1018-- Hammack III, Lt. Colonel Dan; recognize ................................................ 1105 SR 1019-- Hughley, Mrs. Stephanie S.; recognize ........................................... 1106, 1193 SR 1020-- Senate Sexual Exploitation of Minors Study Committee; create ................................................................. 1100, 1273, 1310, 3522 SR 1021-- Sartain Family; recognize .......................................................................... 1106 SR 1022-- Partnership for Health and Accountability; commend .............................. 1106 SR 1023-- Trudeau, Dennis O.; recognize .................................................................. 1106 SR 1024-- Education Improvement Districts; provide by local law the creation/comprehensive regulation-CA ........................... 1100, 1368, 1458 SR 1025-- AVID Day at the Capitol; declare March 4, 2008 ..................................... 1106 SR 1026-- Blount Police Officer Aaron Jovon; condolences ........................... 1106, 1856 SR 1027-- Mullinax, Taylor; recognize ...................................................................... 1106 SR 1028-- McGowan, Brigadier General John E.; condolences................................. 1192 SR 1029-- Sergeant William Morgan Callahan; Taylor County; dedicate a bridge ........................................................................................ 1185 SR 1030-- Joint Electronic Records, Signatures, Filing and Recording Study Committee; create ..................................... 1185, 1369, 1458, 1570, 1598 SR 1031-- Brooks, Dr. Ray; recognize ....................................................................... 1192 SR 1032-- Gregory, Mr. James; recognize........................................................ 1192, 1312 SR 1033-- McPherson, Randy; recognize ................................................................... 1192 SR 1034-- Lowndes High School Viking Football Team; recognize ......................... 1192 5238 INDEX SR 1035-- Leonard R."Nookie" Meadows Memorial Highway; Meriwether County; dedicate .................................................................... 1228 SR 1036-- Lambert, Ezekiel Roy; condolences .......................................................... 1238 SR 1037-- Mr. Gary Adler FourStar, Many Horses Foundation; recognize.......................................................................................... 1238, 3553 SR 1038-- Turkey; urged to grant Ecumenical Patriarch appropriate international recognition, ecclesiastical succession, right to train clergy ............................................. 1228, 1371, 1460 SR 1039-- Franklin Jr., Robert Michael; recognize .................................................... 1239 SR 1040-- Langdale, Noah N.; condolences ............................................................... 1239 SR 1041-- Law Enforcement Agencies, Government Entities, Volunteers; Meredith Hope Emerson investigation; recognize.......................................................................................... 1239, 1876 SR 1042-- CAAG Day at the Capitol; declare February 28, 2008; Conditioned Air Association of Georgia; recognize ................................. 1239 SR 1043-- Port of Savannah; expressing support........................................................ 1239 SR 1044-- 2008 Legislative Fitness Challenge; recognize February 28, 2008 ...................................................................................... 1239 SR 1045-- Massee, Leah; congratulate ............................................................. 1239, 1373 SR 1046-- Senior Days at the Capitol; establishing February 2628, 2008 ..................................................................................................... 1240 SR 1047-- Transportation, Department of; urged to consolidate its county barns/privatize road maintenance functions ............. 1228, 1372, 1458, 1567, 1569, 3735, 5195 SR 1048-- Federal Republic of Germany; expressing cultural, economic, and educational cooperation........................................... 1240, 1312 SR 1049-- Hudson, Orrin "Checkmate"; commend .......................................... 1240, 1763 SR 1050-- Barker, Police Officer Eric; condolences ........................................ 1240, 2357 SR 1051-- Bryant, Jr., Police Officer Ricky; condolences................................ 1240, 2357 SR 1052-- Endangered Species Act of 1973; urged to be amended and congressional House Resolution 3847 be passed .......... 1268, 1370, 1458, 1567 SR 1053-- Take Your Kids to Vote Day; declare November 4 .................................. 1276 SR 1054-- Duke, William Travis; commend .............................................................. 1276 SR 1055-- Joel A. Katz Parkway; Fulton County; dedicate................... 1268, 1372, 1458, 1570, 1606, 3698, 4127, 5195 SR 1056-- Natural Resources, Department of; urged to work in conjunction with Department of Economic Development; feasibility of restoring/preserving ................. 1268, 1368, 1458, 1567 INDEX 5239 SR 1057-- McCann, Katryna; recognize ..................................................................... 1276 SR 1058-- Greater Columbus Georgia Chamber of Commerce; recognize.......................................................................................... 1276, 1763 SR 1059-- Columbus, Georgia Day at the Capitol; recognize March 12 .................................................................................................... 1277 SR 1060-- Transportation Commissioner; urged to provide a series of reports to the General Assembly ...................................... 1268, 1372, 1458, 1567, 3735, 5195 SR 1061-- James Roy "Pop" Lewis Memorial Highway; Lincoln and Wilkes County; dedicate ..................................................................... 1305 SR 1062-- Coweta Up In Smoke Barbecue Cook-off; recognize ............................... 1311 SR 1063-- Georgia Environmental Protection Division; urged to implement a new water quality standard; Savannah Harbor ................................................................................... 1305, 1370, 1458, 1567, 3736, 5195 SR 1064-- Kennesaw State University; recognize ...................................................... 1311 SR 1065-- Dalton, Dr. Martin L.; commend ............................................................... 1311 SR 1066-- Dedication of Historical Marker Leo Frank; commemorating March 7, 2008................................................................. 1311 SR 1067-- Grenzebach Corporation; commend .......................................................... 1311 SR 1068-- Atlanta Motor Speedway Day at the State Capitol; designate March 6, 2008.................................................................. 1312, 1495 SR 1069-- PFC David G. Bryan Memorial Highway; White/Lumpkin County; dedicate.............................................................. 1305 SR 1070-- Chaudhary, Mr. Mihir; recognize .............................................................. 1312 SR 1071-- Mason Varner Memorial Highway; Paulding/Cobb County; dedicate ........................................................................................ 1305 SR 1072-- McGill, SGM Jack; recognize ................................................................... 1312 SR 1073-- Commissioners of Fulton County; urged to take certain action with respect to Fulton Bag and Cotton Mill Urban Enterprise Zone............................................................................... 1305 SR 1074-- Offenses; parking in parking spaces reserved for persons with disabilities; authorize General Assembly to provide additional penalties-CA....................................... 1306, 1369, 1458, 1571, 1693 SR 1075-- Sutton, Roswell O.; commend ................................................................... 1374 SR 1076-- Marion Middle School Archery Team; recognize ........................... 1374, 1767 SR 1077-- Georgia Rides to the Capitol Day; proclaim March 11, 2008 ........................................................................................................... 1374 SR 1078-- Clark, Lugenia G.; honoring...................................................................... 1374 SR 1079-- Georgia State Council, P.A.W. Executive Board of Bishops Conference; recognize ................................................................. 1374 5240 INDEX SR 1080-- St. Patrick's Day Parade Committee, Chairman John P. Forbes, Grand Marshal Dr. Francis Patrick Rossiter, Jr; recognize.......................................................................................... 1374, 1380 SR 1081-- Sullivan, Reverend E.L.; recognize ........................................................... 1375 SR 1082-- Roberts, Miss Jessica Nicole; commend ................................................... 1375 SR 1083-- Motorcycle Safety and Awareness Month; recognize ............................... 1375 SR 1084-- Smits, Courtney; recognize........................................................................ 1375 SR 1085-- People First of Henry County; recognize ........................................ 1375, 1495 SR 1086-- Thomas, Professor Bill; commend .................................................. 1375, 1463 SR 1087-- Robinson, Lithangia Shannell; condolences.............................................. 1375 SR 1088-- Holman, Thomas Reese; commend ........................................................... 1459 SR 1089-- Stipe, Weslee; recognize............................................................................ 1459 SR 1090-- Stipe, Brooks; recognize ............................................................................ 1459 SR 1091-- Kersey, Carolina; recognize....................................................................... 1459 SR 1092-- Diabetes Awareness Day; recognize March 6, 2008 ....................... 1459, 1495 SR 1093-- Creation of a Georgia MethCheck Data Base; create Senate Study Committee; appointment ................................ 1453, 2348, 2406, 3522 SR 1094-- Chaffin, Sheriff Donald; recognize............................................................ 1459 SR 1095-- Association of Junior Leagues International & Georgia State Public Affairs Committee; recognize ............................................... 1460 SR 1096-- Exhibit, From a Culture of Violence to a Culture of Peace: Transforming the Human Spirit; recognize.................................... 1460 SR 1097-- Future of Manufacturing in Georgia; create Senate Study Committee; appointment ............................................ 1453, 1870, 2349, 3522 SR 1098-- Felton, Honorable Dorothy W.; condolences ............................................ 1460 SR 1099-- Evans, Mr. Foy; recognize......................................................................... 1460 SR 1100-- Tallulah Falls School; recognize ..................................................... 1546, 1809 SR 1101-- Butler, Mr. Herb; condolences................................................................... 1546 SR 1102-- Gonzalez, Ms. Sara; condolences .............................................................. 1546 SR 1103-- Hall, Mrs. Nancy G.; recognize ................................................................. 1546 SR 1104-- Allen, Donald (Don) G.; recognize............................................................ 1546 SR 1105-- Zhang, Canyun (Lucy); recognize ............................................................. 1546 SR 1106-- Packer, Rebekah Lauren; recognize .......................................................... 1547 SR 1107-- Chu, Ezra; recognize.................................................................................. 1547 SR 1108-- Gao, Jarter; recognize ................................................................................ 1547 SR 1109-- Pastor James C. & First Lady Idell Ward; commend ................................ 1547 SR 1110-- Murdock Elementary School; recognize ................................................... 1547 SR 1111-- Young, Corporal Michael Douglas; condolences...................................... 1547 INDEX 5241 SR 1112-- Niekro, Phil; recognize .............................................................................. 1547 SR 1113-- Daylight Saving Time; create Senate Study Committee ...... 1535, 3304, 3305, 3522 SR 1114-- Lewis, Jr., Robert L.; commend ................................................................ 1547 SR 1115-- Miller, Meleah; recognize.......................................................................... 1548 SR 1116-- Flint River Academy Wildcats Football Team; recognize.......................................................................................... 1548, 2439 SR 1117-- Mitchell, Reverend Dennis W.; honoring.................................................. 1548 SR 1118-- Facey, Denise; recognize ........................................................................... 1763 SR 1119-- Harrell, Barbara; recognize........................................................................ 1763 SR 1120-- Transportation, Department of; request to do a safety evaluation and perform necessary repair work...................... 1760, 2349, 2406 SR 1121-- Voelz, Dr. Zachary L.; condolences .......................................................... 1763 SR 1122-- McVay, Kipling L. "Kip"; commend......................................................... 1764 SR 1123-- Flewellen, Rev. Deacon Jimmie; recognize .............................................. 1764 SR 1124-- Pennock, Robin Huffman; commend ........................................................ 1764 SR 1125-- Anderson, Elder Sandra; commend ........................................................... 1764 SR 1126-- Jones, DeMark F.; commend ..................................................................... 1764 SR 1127-- Williams, Tracy; commend ....................................................................... 1764 SR 1128-- Jackson, Sarah; commend.......................................................................... 1764 SR 1129-- Foster, Janice; commend............................................................................ 1764 SR 1130-- Phillips, Reverend Willie F.,; commend.................................................... 1764 SR 1131-- Hampton, George A.; commend................................................................ 1765 SR 1132-- Foster, George; commend.......................................................................... 1765 SR 1133-- Williams, Michael V.; commend............................................................... 1765 SR 1134-- Phillips, Therese T.; commend .................................................................. 1765 SR 1135-- Brown, Hattie; commend........................................................................... 1765 SR 1136-- Williams, Mr. Carlos; recognize................................................................ 1765 SR 1137-- Russell-McCloud, Patricia; commend ....................................................... 1765 SR 1138-- Phillips, Dr. John A.; commend................................................................. 1765 SR 1139-- Childs, Lillie; commend ............................................................................ 1765 SR 1140-- Odom, Coach Dave; recognize ........................................................ 1763, 1765 SR 1141-- Georgia's Colleges/Education; urged to place a high priority on international education................................................... 1763, 3077 SR 1142-- Brazilian Consulate General; recognize the establishment ............................................................................................. 1766 SR 1143-- Burk, Lauren A.; condolences ................................................................... 1766 SR 1144-- Meadows, Brock; condolences .................................................................. 1766 SR 1145-- Dixon Grove Baptist Church; commend ................................................... 1766 SR 1146-- Lopez, Alvaro; commend .......................................................................... 1766 5242 INDEX SR 1147-- Fleeing and Law Enforcement Pursuits; create Senate Study Committee .................................................................. 1760, 1872, 2349, 3522 SR 1148-- Adjournment; relative to....................................................... 1700, 1731, 1804, 2319 SR 1149-- Langdale, Mr. William Pope "Billy"; recognize ............................. 1766, 1874 SR 1150-- St. Marys First Presbyterian Church; recognize ........................................ 1766 SR 1151-- Grady Memorial Hospital; urging various measures................................. 1761 SR 1152-- Grady Memorial Hospital; urging various measures by Fulton County, DeKalb County, Fulton-DeKalb Hospital Authority ..................................................................................... 1761 SR 1153-- New Grant Chapel AME Church; recognize ............................................. 1766 SR 1154-- Patton, Carl V.; recognize.......................................................................... 1767 SR 1155-- Smith, Mary; commend ............................................................................. 1767 SR 1156-- Bailey, Coach Jim; commend .................................................................... 1767 SR 1157-- Pruitt, Captain Michael "Mike" Dwain; commend.................................... 1767 SR 1158-- Tifton Mavericks; recognize...................................................................... 1809 SR 1159-- Caldwell, Mrs. Mary Sue Driver; recognize.............................................. 1810 SR 1160-- Eastside High School Wrestling Team; recognize .......................... 1810, 2361 SR 1161-- Boy Scout Day in Georgia; recognize March 12, 2008............................. 1763 SR 1162-- White County; Entrepreneur Friendly Community; recognize.................................................................................................... 1810 SR 1163-- Habersham County; Entrepreneur Friendly Community; recognize.................................................................................................... 1810 SR 1164-- Boren, Bob; condolences ........................................................................... 1810 SR 1165-- Emergency Medical Services Personnel; urge State of Georgia to provide specialized training by creating/funding an EMS instructor...................................... 1805, 3304, 3305, 3516 SR 1166-- Senate Public and Legal Notices Study Committee; create ..................................................................................... 1805, 3304, 3305, 3522 SR 1167-- Senate Local Sales Tax Collection Study Committee; Local Sales Tax Collection Advisory Committee; create .... 1805, 3304, 3305, 3522, 3527 SR 1168-- Oliver, First Sergeant Ernest B. "Bruce"; recognize ................................. 1810 SR 1169-- Town of Portal; celebrate centennial anniversary ..................................... 1810 SR 1170-- Rotary Corporation; recognize .................................................................. 1810 SR 1171-- Flat Rock Archives Day; recognize December 13 each year............................................................................................................. 1811 INDEX 5243 SR 1172-- Congress, Governmental Agencies, Automobile Industry; urged to substitute the term "life belt" for "seat belt" and "life bag" for "air bag".................................. 1806, 3304, 3305, 3519, 3521 SR 1173-- Y.N. & Agnes Myers; commend ............................................................... 1853 SR 1174-- American Red Cross; commend ...................................................... 1854, 1862 SR 1175-- Floyd County; recognize............................................................................ 1854 SR 1176-- Shildneck, Barry; recognize....................................................................... 1854 SR 1177-- Mukhopadhyay, Saptarsi (Rohan); recognize............................................ 1854 SR 1178-- Bailey, Thomas; recognize ........................................................................ 1854 SR 1179-- Leon, Thomas Martin; recognize............................................................... 1854 SR 1180-- Lyons, Sara; recognize............................................................................... 1854 SR 1181-- Wiggins-Ford, Mrs. Carrie; commend....................................................... 1854 SR 1182-- Flewellen, William R.; condolences.......................................................... 1855 SR 1183-- Kendrick High School Lady Cherokees Varsity Basketball Team; commend ............................................................ 1855, 3298 SR 1184-- Paulk, Sheriff Marshall Ashley; commend................................................ 1855 SR 1185-- 2008 Senate Aides; commend ......................................................... 1855, 2368 SR 1186-- 2008 Senate Interns; commend........................................................ 1855, 2368 SR 1187-- Senate Children's Mental Health in Georgia Study Committee; create ................................................................. 1846, 3304, 3305, 3522 SR 1188-- Senate Alzheimer's Disease and Other Dementias Study Committee; create ................................................................. 1846, 3304, 3305, 3522 SR 1189-- LaFayette High School Wrestling Team; recognize.................................. 1855 SR 1190-- Merritt, Sergeant Lee; recognize ............................................................... 1855 SR 1191-- Eastridge Community Church; commend ................................................. 1855 SR 1192-- Cobb, Coach Napoleon B.; recognize........................................................ 1856 SR 1193-- Chapman, Jr., Dr. Jack M.; recognize........................................................ 1856 SR 1194-- Lucy Craft Laney Museum of Black History; recognize .......................... 1874 SR 1195-- Mercier, William R. "Bill"; condolences................................................... 1874 SR 1196-- Bess, Master Sergeant Ray; commend ...................................................... 1874 SR 1197-- Glenn Hills Spartans & Lady Spartans Basketball Teams; recognize ....................................................................................... 1874 SR 1198-- 848th Engineer Company of the Georgia Army National Guard; commend......................................................................... 1874 SR 1199-- Pettys, Mr. Richard "Dick"; recognize ............................................ 1875, 1883 SR 1200-- Evans, Foy; condolences............................................................................ 1875 5244 INDEX SR 1201-- Senate Biodiesel Fuel Study Committee; create................... 1870, 3304, 3305, 3522 SR 1202-- Surgeon General of the Army and the Chief, National Guard Bureau; urged to change existing policy; Warfighter Refractive Eye Surgery ...................................... 2336, 3304, 3305, 3516 SR 1203-- Garrett, Ms. Margaret "Maggie" F.; recognize.......................................... 2355 SR 1204-- Greater Antioch Missionary Baptist Church; recognize............................ 2355 SR 1205-- European Union; commend ....................................................................... 2355 SR 1206-- Ruffin, Jr.; Honorable John H. "Jack"; recognize ........................... 2355, 2417 SR 1207-- Darton College Cavaliers Swim Team; commend .................................... 2355 SR 1208-- Strydom, Debra; recognize ........................................................................ 2355 SR 1209-- Case, Dr. Sandra; recognize....................................................................... 2355 SR 1210-- Velueta, Dr. Kathleen; recognize............................................................... 2355 SR 1211-- Geddes, Kim; recognize............................................................................. 2356 SR 1212-- Langoussis, Andra; recognize.................................................................... 2356 SR 1213-- Senate Education Funding Mechanisms Review Study Committee; create ................................................................. 2337, 3304, 3305, 3523 SR 1214-- Cool Dream, Inc.; recognize ...................................................................... 2356 SR 1215-- Levitt, Ed and Linda; recognize................................................................. 2356 SR 1216-- Borden, Bill; recognize .............................................................................. 2356 SR 1217-- Americus High School Singers; recognize ...................................... 2354, 2356 SR 1218-- GBI Special Agent in Charge and Georgia National Guard Lieutenant Colonel Michael B. "Mike" Fordham; recognize.......................................................................................... 2356, 2361 SR 1219-- Atkins, Sr., William Austin; recognize............................................ 2356, 2361 SR 1220-- Clough, Dr. G. Wayne; commend ................................................... 2357, 3552 SR 1221-- Marcus, Bernie; recognize ......................................................................... 2357 SR 1222-- Kennesaw State University; recognize ...................................................... 2357 SR 1223-- Len Foote Hike Inn; commemorating.............................................. 2357, 3077 SR 1224-- AutoTrader.com; recognize ....................................................................... 2406 SR 1225-- Long, Chandler Soleil; condolences .......................................................... 2357 SR 1226-- Moody, Mrs. Alberta; recognize................................................................ 2406 SR 1227-- Perdue, Mrs. Gervaise Wynn; recognize ................................................... 2407 SR 1228-- Ross, Mrs. Thelma Eleanor; recognize...................................................... 2407 SR 1229-- Smith, Mrs. Carolyn Coleman; honoring .................................................. 2407 SR 1230-- Stephens, Mrs. Pearl J; honoring ............................................................... 2407 SR 1231-- Weaver, Mrs. Mable; honoring.................................................................. 2407 SR 1232-- Marshall, Mr. W. Earl; honoring ............................................................... 2407 INDEX 5245 SR 1233-- Jones, Mrs Dorothy Naomi; recognize ...................................................... 2407 SR 1234-- Holland, Ms. Eva Nelson; recognize ......................................................... 2407 SR 1235-- Montgomery, Mrs. Mildred Bynum; honoring.......................................... 2407 SR 1236-- National Baptist Deacons Convention of America, Inc.; commend.................................................................................................... 2408 SR 1237-- Worriels, Mr. Albert; recognize................................................................. 2408 SR 1238-- Webb, Chester; recognize .......................................................................... 2408 SR 1239-- Centerville, City of; recognize................................................................... 2408 SR 1240-- Johnson, Jasminn Leah; commend ............................................................ 2408 SR 1241-- Wise, Roger Jr.; recognize......................................................................... 2408 SR 1242-- Law Day in the United States of America; recognize May 1, 2008 ............................................................................................... 2408 SR 1243-- American Association of Retired Persons (AARP); recognize.......................................................................................... 2408, 3077 SR 1244-- Senate Accessibility Study Committee; create ..................... 2402, 3304, 3305, 3523 SR 1245-- Robertson-Tillman, Mrs. Wilma Floey; condolences ..................... 2409, 3077 SR 1246-- Adjournment; relative to.................................................................. 2384, 2397 SR 1247-- Senate Study Committee on Community Base Giving Tax Credits; create ................................................................ 2402, 3304, 3305, 3523 SR 1248-- Republic of India; express cultural, economic, and educational cooperation ............................................................................. 2409 SR 1249-- Hood, Paige; commend.............................................................................. 2409 SR 1250-- Parrish, Jack; commend ............................................................................. 2409 SR 1251-- Union Grove High School; commend ....................................................... 2409 SR 1252-- Rockdale County Sheriff's Department; commend ......................... 2409, 3077 SR 1253-- Nobles, Mr. Lauren N.; commend ............................................................. 3077 SR 1254-- Senate Victim's Rights Study Committee; create ................. 3069, 3304, 3305, 3523 SR 1255-- Townsend, Kiliaen V.R.; condolences ...................................................... 3077 SR 1256-- Hundley, Anson; commend ....................................................................... 3077 SR 1257-- Robinson, Rodriguez; commend ............................................................... 3078 SR 1258-- Reverend Jesse Gary and First Lady Mrs. Olivia Gary; commend.................................................................................................... 3078 SR 1259-- Smith, Shavondolyn; commend................................................................. 3078 SR 1260-- Hollis, Lacee; commend ............................................................................ 3078 SR 1261-- Prowell, Porsche; commend ...................................................................... 3078 SR 1262-- Stanley, Erica; commend ........................................................................... 3078 SR 1263-- Merritt, Janai; commend ............................................................................ 3078 5246 INDEX SR 1264-- Thomas, Jazmin; commend ....................................................................... 3078 SR 1265-- Barnes, Keondra; commend....................................................................... 3078 SR 1266-- Moffett, Quineka; commend...................................................................... 3079 SR 1267-- Myrick, Mukia; commend ......................................................................... 3079 SR 1268-- Barleyr, Ashlee; commend ........................................................................ 3079 SR 1269-- High, Simone; commend ........................................................................... 3079 SR 1270-- Colbert, Treianca; commend ..................................................................... 3079 SR 1271-- Conner, Tangina; commend....................................................................... 3079 SR 1272-- Lewis, Deshanti; commend ....................................................................... 3079 SR 1273-- McKinney, Janae; commend ..................................................................... 3079 SR 1274-- Redding, C.P.; commend ........................................................................... 3079 SR 1275-- Hicks, Sterling; commend ......................................................................... 3079 SR 1276-- Matthews, Jakiera; commend .................................................................... 3080 SR 1277-- Harris, Bonita; commend........................................................................... 3080 SR 1278-- Stamps, Kymberli; commend .................................................................... 3080 SR 1279-- House, Nicholas; recognize ............................................................. 3077, 3080 SR 1280-- Senate University System of Georgia Admission Practices and Policies Study Committee; create.................... 3070, 3304, 3305 SR 1281-- Senate Roadside Enhancement and Beautification Study Committee; create ................................................................. 3070, 3304, 3305, 3523 SR 1282-- Taylor, Chelsea; commend ........................................................................ 3080 SR 1283-- Gregg, Ashley; recognize .......................................................................... 3305 SR 1284-- Third Day; recognize ....................................................................... 3298, 3305 SR 1285-- Senate Prior Approval and Prescription Drugs Study Committee; create .................................................................. 3291, 3513, 3523 SR 1286-- Alexander, Carmen; recognize .................................................................. 3113 SR 1287-- Many Horses Foundation; recognize ......................................................... 3305 SR 1288-- Senate Study Committee on the Organization of Mental Health, Developmental Disabilities, and Addictive Diseases Services; create ....................................................... 3291, 3513, 3523 SR 1289-- Senate Exemptions for Purposes of Bankruptcy Study Committee; create .................................................................. 3291, 3513, 3523 SR 1290-- Rogers, Jason Kyle; commend .................................................................. 3306 SR 1291-- Board of Regents; urged to name student resource center in honor of Dr. G. Wayne Clough at Georgia Institute of Technology.......................................................... 3292, 3513, 3516 SR 1292-- Georgia; urged to provide specialty training of Emergency Medical Services personnel................................ 3292, 3513, 3516 INDEX 5247 SR 1293-- Emergency Medical Services of Public Health; urged to create state licensure examinations for emergency medical technicians/paramedics ........................................... 3189, 3304, 3305, 3516 SR 1294-- Fibromyalgia Awareness Day; recognize April 3, 2008 ........................... 3306 SR 1295-- Gaddy, Terrance; commend....................................................................... 3306 SR 1296-- Holmes, Karen; commend ......................................................................... 3306 SR 1297-- Brown, Jr., Dewey C.; condolences........................................................... 3306 SR 1298-- Howard, Milton; commend........................................................................ 3306 SR 1299-- Conroy, Paul; commend ............................................................................ 3306 SR 1300-- Governor; urged to exercise executive authority with respect to collection of taxes.................................................. 3305, 3513, 3516 SR 1301-- Darley, Louise; honoring ........................................................................... 3515 SR 1302-- Jackson, Sr., Mr. Willie Lee "Bubba"; condolences.................................. 3515 SR 1303-- Earth Hour; recognize March 29, 2008 from 8PM to 9PM............................................................................................................ 3515 SR 1304-- Wygoda, Sylvia; recognize ........................................................................ 3515 SR 1305-- Bittick, Sheriff John Cary; commend ........................................................ 3515 SR 1306-- Echols, Mr. Harold T. (Hal); condolences................................................. 3515 SR 1307-- Rakestraw, Mr. John Wesley; condolences ............................................... 3515 SR 1308-- Simpson, Mr. Steve; condolences.............................................................. 3516 SR 1309-- Jones, Natalia Desiree; celebrate ............................................................... 3516 SR 1310-- Meyer von Bremen, Senator Michael S.; commend.................................. 5045 SR 1311-- Ascenzo, Officer Paul; commend .............................................................. 3829 SR 1312-- Stephenson High School Lady Jaguars Basketball Team; commend ........................................................................................ 3829 SR 1313-- Redan Lady Radars Basketball Team; recognize ...................................... 3829 SR 1314-- Lynch, Major General Rick; Adopt-a-Soldier Program; commend.................................................................................................... 3829 SR 1315-- Good, Ms. Vonla; commend...................................................................... 3830 SR 1316-- Ferguson, Charles; commend .................................................................... 3830 SR 1317-- Keim, Bill; commend................................................................................. 3830 SR 1318-- LeBlang, David; commend ........................................................................ 3830 SR 1319-- Pittman, Robert; commend ........................................................................ 3830 SR 1320-- McIntosh, Clement O.; commend.................................................... 3828, 3830 SR 1321-- Chamblee, City of; celebrating 100th anniversary .................................... 3830 SR 1322-- Wofford, Mr. Larry N.; recognize ............................................................. 3830 SR 1323-- McCluskey, Dr. Leland; commend............................................................ 3831 SR 1324-- Franco, Bonnie; commend......................................................................... 3831 SR 1325-- Hudson, Ricky; commend ......................................................................... 3831 5248 INDEX SR 1326-- Sister City Program; commend.................................................................. 3831 SR 1327-- Chance, Stephen & Erin; recognize........................................................... 3831 SR 1328-- Wells, Jacob Alexander; commend ........................................................... 3831 SR 1329-- Wentworth, Jonathan Robert; commend ................................................... 3831 SR 1330-- Standridge, Michael Jonathan; commend.................................................. 3831 SR 1331-- Hill, Coulter Livingston; commend........................................................... 3832 SR 1332-- Standridge, Jr., Howell Stephen; commend............................................... 3832 SR 1333-- Brookshire, Joyce....................................................................................... 3832 SR 1334-- Oh, Dr. Sang Wan; commend.................................................................... 3832 SR 1335-- Georgia; urged to continue its efforts to establish the National Bio/AgroDefense Facility ........................................................... 4817 SR 1336-- Sturdivant, Roddy; commend .................................................................... 4817 SR 1337-- Pierce, Jande; commend ............................................................................ 4817 SR 1338-- First Afrikan Presbyterian Church; commend........................................... 4818 SR 1339-- Miller's Chapel Baptist Church; commend................................................ 4818 SR 1340-- Stronghold Christian Church; commend ................................................... 4818 SR 1341-- Cheng, Mr. Ke; commend ......................................................................... 4818 SR 1342-- Sports, Dee Plymel; condolences .............................................................. 4818 SR 1343-- Powers, Mr. Randy J.; recognize ............................................................... 4818 SR 1344-- Heiskell, Commissioner Bebe; commend.................................................. 4818 SR 1345-- National Bio and Agro-Defense Facility; recognize ................................. 4818 SR 1346-- Osburn, Reverend E. Randel T.; condolences ........................................... 4818 SR 1347-- Leonard, Joe; commend............................................................................. 4819 SR 1348-- Kellett III, Samuel Beam; celebrate........................................................... 4819 SR 1349-- Rodbell, Max Leonard; celebrate birth...................................................... 4819 SR 1350-- Woolard, Major Jack; condolences............................................................ 4860 SR 1351-- Wright, Jerome; condolences..................................................................... 4860 SR 1352-- Ford, Darryl; saluting business success ..................................................... 4861 SR 1353-- Belete, Pawlloes; commend....................................................................... 4862 SR 1354-- Southwest DeKalb High School Lady Panthers Basketball Team; recognize....................................................................... 4861 SR 1355-- DeKalb Silver Streaks; coaches and players; congratulate................................................................................................ 4861 SR 1356-- Columbia High School Boys Basketball Team; congratulate................................................................................................ 4861 SR 1357-- Plummer, Nigel; commend ........................................................................ 4861 SR 1358-- Walker, Don; recognize ............................................................................. 4959 SR 1359-- Martin, Dr. Emmett T.; condolences ......................................................... 4959 INDEX 5249 PART II, NUMERIC INDEX HOUSE BILLS AND RESOLUTIONS HB 39-- Public Records; confidential information not disclosed; provide ..................................................................................................... 55, 67 HB 51-- Sheriffs' Duties; security plans; change frequency.................. 55, 56, 67, 1859 HB 68-- Coastal Marshlands Protection Act; applicability; change certain provisions...................................................... 1298, 1306, 1871, 2349, 3093, 3181, 3635, 3659, 3729, 3751, 4026, 5187 HB 69-- Driver's Records; online; Department of Driver Services; charging fee; prohibit ..................................................................... 74 HB 77-- Motor Vehicles; traffic-control signal monitoring devices; require permit............................................................ 876, 1104, 1770, 1793, 1804, 1892, 2251, 3068 HB 89-- Business Security and Employee Privacy Act; enact ............... 55, 67, 87, 106, 107, 175, 185, 196, 205, 4865, 5187 HB 91-- Audits and Accounts, Department of; annual reports on state agencies; require.................................................................................... 74 HB 92-- Tattoo; misdemeanor; eye socket; repeal ............................. 1728, 1742, 2348, 2406 HB 98-- House and Senate; certain committees; amend Official Code of Georgia Annotated references................................. No action in 2008 HB 103-- Macon, City of; provide new charter .................................... No action in 2008 HB 111-- Delayed Birth Certificates; petitions in probate and superior court; permit............................................................ 1178, 1185, 2348, 2406, 3328, 3331 HB 119-- Certain Justices and Judges; annual salaries; increase ......... 3302, 3305, 3563, 3723, 4863, 5137 HB 127-- Prescription Drugs; generic; change provisions ............................ 55, 67, 2351 HB 130-- Identity Theft; security freezes; definitions; provisions ........... 161, 166, 1851, 1873, 3092, 3098, 3815, 4038 HB 151-- Hospital Authorities; vacancies; General Assembly; change by local act................................................................................... 55, 68 HB 152-- HOPE Scholarships; home study course; provisions ........... 2352, 2406, 3092, 3106 HB 156-- Human Resources, Department of; child support collections fees; authorize.............................................................................. 52 5250 INDEX HB 157-- Retirement; full-time teacher; full-time employment and benefits; provide............................................................................ 270, 273 HB 158-- Parent and child; legitimation; clarify methods; change provisions............................................................................................. 285, 288 HB 180-- Community Health, Department of; prescription drugs; certain Georgia companies; expedite review........................ 1739, 1743, 1871, 2349, 3565, 3807, 3957, 3958, 5180 HB 185-- Death Penalty; jury findings; aggravating circumstance; change provisions ................................................................. No action in 2008 HB 188-- Jury Duty; primary caregiver of certain persons; provide exemption ................................................................ 1220, 1229, 2348, 2406, 3328, 3332 HB 189-- Sales and Use Tax Exemption; certain properties; change provisions ................................................................. 1526, 1535, 3074, 3076 HB 208-- School Councils; parent members; majority; provide .......... No action in 2008 HB 209-- Employees' Retirement System; narcotics agents; purchase prior service .......................................................................... 285, 289 HB 218-- Georgia Ports Authority; employees; power of arrest; peace officers; require.................................................................................... 73 HB 226-- Obscenity Crimes; distribution of obscene materials; insert new provisions ............................................................................... 55, 68 HB 229-- Education Lottery; conditions; provisions..................................................... 72 HB 237-- Sales and Use Tax; water pollution eliminating machinery exemptions; change certain provisions ............... 1298, 1306, 2351, 2406, 3322, 3329, 3418, 3819 HB 239-- Board of Natural Resources; rules; game and fish criminal violations; change certain provisions ............................. 55, 68, 2348, 3092, 3110, 4029, 4777 HB 241-- Opticians; licensure; practical training; specify certain requirements.......................................................................... 1095, 1101, 1852, 1873, 2418, 2453 HB 243-- HOPE Scholarships; eligible postsecondary institution; revise definition ......................................................................................... 3937 HB 250-- Elementary and Secondary Education; preliminary investigations of violations; revise certain provisions.......... 1220, 1229, 1851, 1873, 3329, 3424, 3820 HB 254-- Limited Driving Permits; certain offenders; allow issuance.................................................................................................... 56, 69 INDEX 5251 HB 255-- Public Retirement Systems; restrictions and prohibitions on membership; define certain terms. .............. 1263, 1268, 2405, 2406, 3329, 3435, 3820 HB 257-- Firearms; public gatherings; allow constables to carry weapons ................................................................................ 1178, 1185, 3303, 3305, 3564, 3730, 3807 HB 272-- Sales and Use Tax; natural or artificial gas sales; provide partial exemption ..................................................... 1736, 1743, 2351, 2406, 3322, 3329, 3441, 3820 HB 279-- Katie Beckett Waiver Program; eligibility; certain children; require certain procedures ...................................... 56, 69, 879, 1369 HB 280-- Controlled Substances; sale of marijuana flavored products to minors; ban................................................................. 56, 69, 2346, 3330, 3505, 3939, 4796 HB 291-- Georgia Council for the Arts; Georgia Arts Alliance; create ..................................................................................... 56, 69, 875, 1770, 1787, 2397 HB 296-- Special Elections; held on certain dates; provide ..................... 252, 257, 1309, 1372, 1770, 1785, 2397 HB 297-- Recreational Vehicle Dealers; franchise agreements; change certain provisions............................................................ 286, 289, 875, 1104, 1770, 1772 HB 301-- Dogfighting; prohibit; punishments; amend provisions ............. 134, 139, 182, 201, 1770, 1780, 2398, 3059 HB 302-- Excise Tax; public accommodation furnishings; change certain provisions.................................................................. 1526, 1535, 2351, 2406, 3552, 3563, 3598 HB 311-- Postsecondary Education; certain definitions; revise ...................... 3406, 4361 HB 319-- District Attorneys; increase annual salaries.......................... 3302, 3305, 3565, 3807 HB 331-- Stockbridge, City of; election of mayor and council members; provide ................................................................. No action in 2008 HB 332-- Quality Basic Education Act; certain maximum class size requirements; delay implementation ...................................................... 52 HB 333-- Weapons; crime or delinquent act; provisions.......................... 252, 257, 2352, 2406, 3328, 3333 5252 INDEX HB 336-- Driving under the Influence; mandatory sentences; increase ................................................................................. 1449, 1453, 2348, 2406, 3565, 3807, 3949, 5180 HB 340-- PeachCare; threshold income amount for eligibility; revise ..................................................................................... No action in 2008 HB 354-- Local Government; homeowner tax relief grant notification; provisions ......................................................... No action in 2008 HB 358-- Sheriffs' Retirement Fund; death benefits; increase amount ...................................................................................... 161, 166, 1274, 1310, 2419, 3050 HB 367-- Generic Drugs; health insurance coverage; provisions ........ 1527, 1535, 2351, 2406, 3565, 3807, 4874 HB 373-- Public Safety, Department of; State Patrol; retirement benefits; amend ..................................................................... 1095, 1101, 2405, 2406, 3565, 3807, 5070, 5186 HB 387-- Georgia Day; observe February 12; annually............................. 225, 235, 260, 275, 297, 298 HB 393-- Farm Wineries; licensing; change certain provisions........... 1263, 1269, 2353, 2406, 3092, 3112 HB 402-- Palmetto, City of; ad valorem taxes; certain residents; provide homestead exemption .............................................. No action in 2008 HB 405-- Income Tax Credit; qualified low-income buildings; change certain provisions................................................................. 1736, 1743 HB 410-- Municipal Option Sales Tax Act; enact............................... 56, 70, 2369, 3303 HB 413-- Sales and Use Tax; nature center or performing arts amphitheater facility; provide exemption...................................................... 76 HB 422-- Georgia Condominium Act; Georgia Property Owners' Association Act; minimum amount for liens; provide ............. 208, 214, 1544, 1761, 3093, 3184, 3820 HB 426-- Railroad Grade Crossings; active warning devices; define; provisions.................................................................. 1731, 1744, 2349, 2406, 3093, 3186, 3820 HB 441-- Income Tax; federal obligations; taxable income; revise provisions....................................................................................................... 75 HB 447-- Taxation; real estate investment trusts; dividends; clarify state conformity.................................................................... 1527, 1536 HB 451-- Georgia Tourism Development Act; enact .................................................... 73 HB 455-- Georgia Prescription Monitoring Program Act; enact..................... 1179, 1186 INDEX 5253 HB 470-- Georgia Lemon Law; enact................................................... 1642, 1718, 1872, 2349, 3328, 3335, 3814, 4030 HB 472-- Insurance; policies; languages other than English; provide .................................................................................. 1741, 1744, 1871, 2349 HB 487-- Elections; primaries; voting; provisions ............................... No action in 2008 HB 492-- Physicians; Composite State Board of Medical Examiners; provisions............................................................... 463, 470, 2351, 2406 HB 493-- Doraville, City of; ad valorem tax; certain residents; provide homestead exemption .............................................. 3825, 3839, 3843, 3850, 5180 HB 494-- Cosmetologists; definitions; wax technicians; provisions.................................................................................. 330, 335, 2353, 2406 HB 515-- Lottery for Education Act; define certain terms; provisions.............................................................................. 1741, 1744, 1852, 1873, 3092, 3095 HB 520-- Lawrenceville, City of; Redevelopment Powers Law; authorize................................................................................ No action in 2008 HB 521-- Employees' Retirement System; creditable service; Georgia Judicial Retirement System; provide ................................. 1359, 1363 HB 529-- General Assembly; budgetary functions; reflect changes ..................... 75, 131 HB 530-- Alpharetta, City of; corporate limits; certain property; remove .................................................................................. No action in 2008 HB 535-- Mental Health; office of disability services ombudsman; create ............................................................... 1592, 1624, 2351, 2406, 3093, 3189, 3927, 4785 HB 544-- Multiple Employer Self-insured Health Plans; certain institutions; provisions.......................................................... 1264, 1269, 2352, 2406, 3075, 3303, 3563, 3599, 4370, 4371, 4816, 5043, 5085 HB 545-- Georgia Judicial Retirement System; creditable service; superior court judges and district attorneys; provisions .................. 1449, 1453 HB 549-- Children with Disabilities; basic therapy services; establish requirements.................................................................................... 72 HB 552-- Snellville, City of; Redevelopment Powers Law; authorize........................................................................................... 3513, 3529 5254 INDEX HB 559-- Health Insurance; charter school teachers and employees; provisions.................................................................................... 76 HB 578-- State Court Proceedings; first time; death sentence; change certain provisions..................................................................... 162, 166 HB 579-- Landlord Liens; definitions; provisions.................................... 355, 360, 1189, 1237, 1815, 1816 HB 602-- School Board Members; selling school supplies; penalty; provide exception.................................................... 1450, 1454, 3302, 3305, 3564, 3734 HB 611-- State Construction Industry Licensing Board; Class I; provide changes ........................................................................ 868, 873, 2353, 2406, 3328, 3361 HB 637-- Quality Basic Education Act; nationally normreferenced instruments; revise provisions ............................ 1527, 1536, 1851, 1873, 3563, 3609 HB 639-- Employees' Retirement System; certain state patrol members; contributions; provisions................................................. 1359, 1363 HB 641-- Education, Department of; State Board; Georgia Excellence Foundation; establish ......................................... 1527, 1536, 1870, 2349 HB 649-- Agricultural Commodity Commission for Blueberries; provide .................................................................................. 1299, 1307, 1851, 1873, 2418, 2454, 3511 HB 652-- Blind Persons' Braille Literacy Rights and Education Act; enact .............................................................................. 1591, 1624, 1851, 1873 HB 656-- Teachers Retirement System; survivor's benefits; provisions.................................................................................. 868, 874, 1872, 2349, 3563, 3610 HB 664-- Decatur, City of; Redevelopment Powers Law; authorize........................................................................................... 1237, 1241 HB 670-- Income Tax Credit; certain wood residuals; provide............ 1737, 1745, 3074, 3076, 3323, 3329, 3447, 3816, 3898, 4781, 4795, 5130, 5188 HB 673-- Insurance; third party's lienholder; provisions...................... 1528, 1537, 1871, 2349, 2418, 2459 HB 689-- Auburn, City of; change corporate boundaries; deannex certain property ..................................................................... No action in 2008 HB 703-- Clayton County; Magistrate Court; chief magistrate; provide annual salary increases ............................................ No action in 2008 INDEX 5255 HB 704-- Clayton County; sheriff; compensation; change provisions.............................................................................. No action in 2008 HB 715-- Family and Children Services; county directors; appointment; change certain provisions ............................... 1735, 1745, 1852, 1873, 2418, 2421 HB 732-- Peace Officers' Annuity and Benefit Fund; certain persons; provide membership ............................................... 1096, 1101, 1872, 2349, 2418, 2422 HB 750-- Sumter County; probate court judge; nonpartisan elections; provide................................................................... 4865, 4948, 5047 HB 776-- Floyd County; Hospital Authority; filling vacancies; change certain provisions................................................................. 1275, 1277 HB 781-- Adairsville Building Authority; create ............................................ 1852, 1856 HB 785-- Hancock County; Board of Commissioners; consolidate amendatory Acts ................................................................... No action in 2008 HB 790-- School Bus Safety Week; declare......................................... 1450, 1454, 2349, 2406, 3094, 3271 HB 791-- School Bus Drivers Appreciation Day; declare.................... 1450, 1454, 2349, 2406, 3094, 3271 HB 798-- Pharmacy Consumer Protection and Transparency Act; enact ...................................................................................... 1264, 1269, 2352, 2406 HB 801-- Coosawattee Regional Water and Sewerage Authority Act; enact ............................................................................................. 102, 104 HB 803-- Sugar Hill, City of; corporate limits; change........................ No action in 2008 HB 807-- Auburn, City of; certain areas not included; provide .................................... 76 HB 815-- Teachers Retirement System; Regents Retirement Plan; change provisions ................................................................. 1096, 1102, 2405, 2406, 3329, 3457 HB 816-- DeKalb County Community Improvement Districts Act of 2008; enact........................................................................ 3062, 3070, 3825, 3832 HB 817-- McPherson Implementing Local Redevelopment Authority Act; enact............................................................... 1551, 1566, 1729 HB 818-- Chatham County; county surveyor; provisions .................... No action in 2008 HB 820-- Cobb County State Court; judges; change compensation ................... 237, 239 HB 821-- Cobb County State Court; solicitor-general and assistant solicitors; change compensation ........................................... 237, 240 HB 828-- Banks County; North Georgia Technical College; provisions......................................................................................... 3513, 3530 5256 INDEX HB 831-- Charter School Capital Finance Act; enact........................... 1528, 1537, 2347, 2406, 3324, 3330, 3461 HB 839-- Employees' Retirement System; assistant district attorneys; provisions ............................................................................ 463, 470 HB 851-- Income Tax Credit; certified rehabilitation of historic structures; increase amount................................................... 1299, 1307, 2351, 2406, 3090, 3093, 3115, 3821 HB 853-- Willacoochee, Town of; corporate limits; deannex property.......................................................................................................... 51 HB 857-- Washington County; sheriff; change compensation ................. 195, 199, 1275, 1277 HB 864-- Insurance; group life policy coverage; remove participation requirement...................................................... 1591, 1624, 1871, 2349, 3075, 3303, 3563, 3616, 4030, 4167 HB 869-- DeKalb County; office of tax commissioner; change certain provisions...................................................................... 195, 200, 1544, 1548 HB 873-- Employees' Retirement System; court administrators; creditable service; provisions .......................................................... 1450, 1455 HB 875-- Employees' Retirement System; established benefit formula; provide continuation ............................................................. 162, 167 HB 881-- Georgia Charter Schools Commission; establish ..................... 172, 179, 1807, 1853, 2362, 3563, 3624, 4863, 5064 HB 887-- Tobacco Prevention Master Settlement Agreement Oversight Committee; create ................................................ 1264, 1270, 3302, 3305, 3564, 3736, 5180 HB 904-- Early Care and Learning; fingerprint record checks; require certain employees ..................................................... 1096, 1102, 3302, 3305 HB 905-- Building Resourceful Individuals to Develop Georgia's Economy Act; enact.............................................................. 1642, 1718, 2351, 2406, 3566, 3807 HB 908-- Certain Sexual Offenders; residency and employment restrictions; repeal certain provisions .................................................. 148, 153 HB 919-- Georgia Lottery Corporation; Board of Directors; provisions.................................................................................. 330, 335, 2352, 2406 INDEX 5257 HB 921-- Mortgage Lenders and Brokers; nation-wide automated licensing system; create ............................................................ 252, 258, 1189, 1237, 1859 HB 926-- Revenue and Taxation; Internal Revenue Code; incorporate certain provisions............................................. 208, 214, 290, 339, 477, 481, 502, 536, 537, 3728, 4311 HB 930-- Disabled Veterans and Blind Persons; eligibility certificate; valid for five years; provide.................................... 331, 336, 2353, 2406 HB 931-- Authentic Historical Georgia License Plates; definition; increase time period .................................................................. 331, 336, 3303, 3305 HB 932-- Board of Elections and Registration of Towns County; re-create ...................................................................................... 134, 140, 183, 188 HB 933-- Towns County; ad valorem tax; school district; provide homestead exemption ................................................................. 135, 140, 183, 188 HB 934-- Towns County; ad valorem tax; county purposes; provide homestead exemption .................................................... 135, 140, 183, 189 HB 935-- Hiawassee, City of; ad valorem tax; municipal purposes; provide homestead exemption.................................... 135, 141, 183, 189 HB 936-- Young Harris, City of; ad valorem tax; municipal purposes; provide homestead exemption.................................... 136, 141, 183, 189 HB 941-- Board of Regents; senior citizens program; change certain provisions................................................................................. 270, 274 HB 944-- Roswell, City of; Redevelopment Powers Law; authorize...................................................................................... 136, 141, 420, 428 HB 945-- Motor Vehicles; registration and title records; allow certain persons access ................................................................. 271, 274, 876, 1104, 1859, 1861 HB 948-- Sales and Use Tax; certain school supplies; certain energy efficient products; provide exemption ...................... 1450, 1455, 3303, 3305, 3552, 3563, 3636, 4864, 5077 5258 INDEX HB 950-- Motor Vehicles; assembled; registration and licensing; provide ...................................................................................... 408, 415, 2352, 2406, 3564, 3742, 4030, 4177 HB 951-- Used Motor Vehicle Dealers' Act; rebuilder; redefine term ........................................................................................... 408, 415, 2352, 2406 HB 953-- War of 1812 Bicentennial Commission Act; enact .................. 355, 360, 3302, 3305, 3563, 3646 HB 957-- Sales and Use Tax Exemption; certain nonprofit health centers; sale or use of personal property; provide ................ 1605, 1625, 2351, 2406, 3324, 3330, 3462 HB 958-- Magistrate Court; certain judgments; clarify appeal procedure .............................................................................. 1220, 1229, 1872, 2349, 3092, 3096, 3726, 3802, 3936, 3940, 5037, 5188 HB 960-- Ecstasy; certain trafficking; bailable only before superior court judge; require..................................................... 464, 471, 2348, 2406, 3092, 3097 HB 961-- Persons with Disabilities; special parking permits and license plates; change certain provisions.................................. 408, 415, 1372, 1458, 1815, 1817, 2398 HB 962-- Local Boards of Education; budget deficit; require public notice.......................................................................... 1265, 1270, 3302, 3305 HB 963-- Special License Plates; soccer; provide................................ 1732, 1745, 1872, 2349, 3563, 3647, 4371, 4954 HB 964-- Georgia Ports and Harbors; boating safety zones; modify certain provisions ..................................................... 1643, 1719, 1871, 2349, 3328, 3372 HB 967-- Certificate of Need Program; prisons and other secure correctional institutions; exempt................................................. 252, 258, 529, 877, 1195, 1207 HB 969-- Driver Education Training Requirements; home schooling program; provisions ................................................. 408, 416, 2352, 2406, 3092, 3107, 3816, 4346 INDEX 5259 HB 972-- Uniform Prudent Management of Institutional Funds Act; enact .............................................................................. 1097, 1102, 2347, 2406, 3563, 3649 HB 975-- County or Municipal Corporations; authorizing documents; provisions ................................................................ 208, 214, 529, 877, 3094, 3269 HB 977-- State Insurance Premium taxes; certain insurance products; exempt................................................................... 1739, 1745, 2351, 2406, 3075, 3303, 3565, 3807, 3903, 3904 HB 978-- Traffic Accidents; illegal immigrants; seize vehicle; allow law enforcement.......................................................... 1265, 1270, 1872, 2349, 3563, 3651, 3931, 3932, 5181 HB 981-- Weight of Vehicles and Loads; concrete haulers; provisions.............................................................................. 1220, 1229, 1808, 1853, 2362, 2368 HB 983-- Out-of-state Law Enforcement Officers; arrest certain offenders; provide ................................................................. 1265, 1271, 1808, 1853, 1875 HB 984-- Children's Transition Care Centers; definitions; revise and add new .......................................................................... 1179, 1186, 1807, 1853, 2362, 2370, 3286 HB 989-- Supplemental Appropriations; State Fiscal Year July 1, 2007 - June 30, 2008 ............................................... 271, 274, 419, 473, 536, 546, 551, 867, 884, 890, 1082, 1093, 1094, 1892, 2214, 2215, 2319 HB 990-- General Appropriations; State Fiscal Year July 1, 2008 - June 30, 2009 ................................................. 2317, 2319, 2321, 2350, 2353, 2418, 2460, 3026, 3048, 3049, 3060, 3061, 4374, 4768, 5193 HB 993-- Absentee Voting; casting ballot in person; provisions ......... 1528, 1537, 2349, 2406, 3093, 3200 HB 995-- Haralson County; board of commissioners; staggered terms; provide ............................................................................. 162, 167, 237, 240 5260 INDEX HB 998-- Rincon, City of; ad valorem tax; municipal purposes; provide homestead exemption .................................................. 162, 167, 3075, 3084, 3085, 3089, 3583 HB 999-- Effingham County School District; ad valorem tax; educational purposes; provide homestead exemption .......... 3062, 3070, 3513, 3535 HB 1000-- Watercraft Certificate of Title Act; enact ............................. 1529, 1538, 2348, 2406, 3094, 3201 HB 1001-- Effingham County Carter-Burns Act; enact ......................... 3063, 3071, 3513, 3535 HB 1002-- Americus-Sumter County Parks and Recreation Authority Act; repeal .................................................................. 163, 167, 237, 240 HB 1003-- Cobb County; solicitor-general; change compensation............ 163, 168, 1190, 1193 HB 1007-- Lawrenceville, City of; Redevelopment Powers Law; authorize............................................................................... 172, 179, 339, 344 HB 1008-- Oglethorpe County Water Authority; composition of members; change ...................................................................... 173, 180, 3513, 3530 HB 1010-- Liberty County State Court; solicitor-general; change compensation ............................................................................ 173, 180, 1371, 1376 HB 1011-- Liberty County State Court; judge; full-time office; establish .................................................................................... 173, 180, 1371, 1376 HB 1012-- Darien, City of; ad valorem tax; municipal purposes; provide homestead exemption .................................................. 173, 181, 3513, 3536 HB 1013-- McIntosh County; school district ad valorem tax; residents 65 or over; provide homestead exemption ................ 174, 181, 3513, 3536 HB 1014-- Georgia Higher Education Savings Plan; certain provisions; revise and change ................................................... 208, 215, 1235, 1275, 1859, 1863 HB 1015-- Special Districts Divided into Noncontiguous Areas; certain excess funds; provide additional requirements............. 521, 526, 2405, 2406, 3566, 3807, 4348, 4371 INDEX 5261 HB 1016-- Commissioner of Natural Resources; blue crabs; manage certain aspects; provide ............................................... 521, 527, 1871, 2349, 2418, 3026, 3511 HB 1018-- Superior Court Fees; recording an instrument; cross-indexing; provide additional filing fees ...................... 1451, 1455, 2348, 2406, 3094, 3272 HB 1019-- Georgia Transportation Infrastructure Bank Act; enact ....... 1179, 1186, 1372, 1458, 1815, 1820, 2398 HB 1020-- Evidence; inspections; provisions......................................... 1265, 1271, 2348, 2406, 3564, 3700, 5181 HB 1023-- Sales and Use Tax; government contractors; overhead materials; extend sunset exemption ...................................... 1737, 1746, 2351, 2406, 3552, 3563, 3651 HB 1024-- Municipal and County Recreation Systems; minimum and maximum tax; provisions............................................... 1529, 1538, 2347, 2406, 3552, 3563, 3654 HB 1025-- Garden City, City of; advisory referendum election; provide ...................................................................................... 174, 181, 1544, 1549 HB 1026-- Transportation, Department of; utility facilities; provisions.................................................................................. 522, 527, 1372, 1458, 1859, 1865, 3069 HB 1027-- Defensive Driving Courses; alcohol or drug programs; curriculum; provisions ............................................................... ,286, 289, 876, 1104, 1875, 1877, 3287, 3332, 3727, 3736, 4365, 4368, 5188 HB 1031-- Public High Schools; interscholastic athletics program; at least one defibrillator; require........................................... 1451, 1456, 1851, 1873, 2362, 2363 HB 1033-- Edgehill, City of; provide new charter ....................................... 230, 235, 420, 428 5262 INDEX HB 1035-- Sales and Use Tax; transportation purposes in regional commission areas; provide ................................................... 1590, 1625, 2351, 2406, 3552, 3564, 3655, 3900, 4369, 4959, 5045, 5138, 5188 HB 1037-- Driver Education Purposes; traffic law violations; additional penalty; extend expiration date............................ 1741, 1746, 2352, 2406 HB 1038-- Douglasville, City of; Redevelopment Powers Law; authorize...................................................................................... 196, 200, 420, 429 HB 1039-- Douglas County; Redevelopment Powers Law; authorize...................................................................................... 196, 200, 237, 241 HB 1040-- Juvenile Courts; deprived child; permanent guardian; grant jurisdiction ....................................................................... 869, 874, 2348, 2406, 3330, 3464 HB 1041-- Georgia Registered Professional Nurse Practice Act; obsolete language; eliminate..................................................... 356, 360, 1807, 1853, 2418, 2419, 3512 HB 1042-- Prescription Drugs; pharmacists; provisions ........................ 1451, 1456, 1852, 1873 HB 1043-- Childhood Lead Exposure Control Act; confirmed lead poisoning; revise definition .................................................. 1221, 1230, 3303, 3305, 3565, 3807, 4364 HB 1044-- Adult Day Centers; licensure; respite care services programs; provisions................................................................. 464, 471, 1852, 1873, 2362, 2380, 3287 HB 1046-- Watercraft; held in inventory for resale; exempt from taxation; provide ................................................................... 1605, 1625, 2351, 2406, 3090, 3093, 3121 HB 1047-- Cobb County; office of tax commissioner; certain employees; change compensation............................................... 209, 215, 260, 264 HB 1048-- Cobb County Probate Court; certain employees; change compensation .............................................................................. 209, 215, 260, 265 INDEX 5263 HB 1051-- Child Abuse; county multiagency child fatality review committee; change certain provisions .................................. 1180, 1187, 2348, 2406, 3330, 3468 HB 1053-- Cobb Judicial Circuit; judges; provide supplement.................... 209, 216, 260, 265 HB 1054-- Children and Family Service Strengthening Act of 2008; enact................................................................................ 464, 471, 2348, 2406, 3093, 3124, 3821 HB 1055-- Professions and Licenses; certain provisions; provide revisions .................................................................................... 409, 416, 1369, 1458, 1770, 1774, 2399, 3047, 3288, 3361, 5101, 5189 HB 1061-- Wine; shipped to one customer; limit number of cases........ 1266, 1271, 2353, 2406, 3092, 3114 HB 1065-- Sales Tax; local charter schools; capital outlay projects; authorize................................................................................ 1221, 1230, 2347, 2406, 3325, 3330, 3469 HB 1066-- Alcoholic Beverages; vaporized forms; prohibit certain conduct.................................................................................. 1097, 1103, 2353, 2406, 3564, 3750 HB 1071-- Tasers; knowingly remove or attempt to remove from certain persons; make unlawful ............................................ 1728, 1746, 2348, 2406 HB 1078-- Sales and Use Tax Exemptions; certain durable medical equipment or prosthetic devices; change certain provisions.............................................................................. 1737, 1747, 3074, 3076, 3320, 3329, 3374 HB 1079-- Income Tax; change certain definitions........................................... 1736, 1747 HB 1081-- Ad Valorem Tax; property; revise and change certain definitions ............................................................................. 1735, 1747, 2351, 2406, 3091, 3094, 3247, 3821 HB 1086-- Court Bailiffs; maximum per diem; eliminate...................... 1180, 1187, 1872, 2349, 3564, 3752 HB 1088-- Economic Development, Department of; agricultural tourist attractions; provisions...................................................... 356, 361, 875, 1104, 1770, 1773 5264 INDEX HB 1089-- Cobb County Probate Court; judge and clerk; change compensation ............................................................................ 230, 236, 1808, 1811 HB 1090-- Controlled Substances; Schedule I, II, III and IV; change certain provisions...................................................... 1221, 1230, 2348, 2406, 3329, 3375 HB 1091-- Postsecondary Education; attaining residency status; revise requirements ............................................................... 1180, 1187, 1852, 1873 HB 1093-- Liquidated Damages; demand; change certain provisions.............................................................................. 1605, 1625, 2348, 2406, 3330, 3470, 5181 HB 1098-- Primaries and Elections; election superintendents; provisions.............................................................................. 1529, 1538, 2349, 2406, 3565, 3753 HB 1099-- Henry County State Court; additional judge; provide .............. 271, 274, 1457, 1461 HB 1100-- Income Tax Credit; qualified film, video, or digital productions; revise and change............................................. 1529, 1539, 2351, 2406, 3091, 3093, 3177 HB 1104-- Charitable Solicitations; definitions; revise certain provisions.............................................................................. 1530, 1539, 2348, 2406, 3094, 3250 HB 1105-- Hospitals; offer certain vaccinations to inpatients 65 years or older; require ............................................................... 409, 417, 1807, 1853, 2419, 3052, 3511 HB 1109-- Cobb County Probate Court; superior court deputy clerk; change compensation...................................................... 271, 275, 1808, 1812 HB 1110-- Sales and Use Tax; certain sales of food and beverages to qualified food banks; extend exemption........................... 1737, 1747, 2351, 2406, 3552, 3564, 3655, 4865 HB 1111-- Drivers' Licenses; requirements; fees; provisions .................... 409, 417, 1370, 1458, 1815, 1829, 2399, 3050, 3288, 3362, 4143, 5189 HB 1112-- Elections; rules and regulations; provisions ......................... 1732, 1747, 2353, 2406, 3565, 3755, 5181 INDEX 5265 HB 1113-- State Purchasing; use of state funds for personal benefit; prohibit..................................................................... 1180, 1188, 1871, 2349, 2404, 3094, 3240, 3825, 3898, 3939, 3940, 4853, 5189 HB 1115-- Carroll County; school district ad valorem tax; residents 65 or over; provide homestead exemption.................................. 272, 275, 529, 534 HB 1116-- Probation Management Act of 2004; modify certain provisions.............................................................................. 1360, 1364, 1852, 1873, 3329, 3376, 3729, 3811, 3937, 3941, 4769, 5190 HB 1121-- Condominiums; associations; insurance coverage; change certain provisions...................................................... 1266, 1271, 1871, 2349, 2418, 3029 HB 1123-- Transportation, Department of; commissioner; file reports to General Assembly; require .................................................. 522, 527 HB 1124-- Design-build Contracts; standard for award; change....................... 1221, 1231 HB 1126-- Downtown Development Authorities; directors; provisions.............................................................................. 1097, 1103, 1870, 2349, 2418, 2450, 3512 HB 1127-- Irwin County; Board of Commissioners; staggered elections; provide........................................................................ 331, 336, 877, 880 HB 1129-- Georgia Tourism Development Act; enact ........................... 1266, 1272, 3074, 3076, 3320, 3329, 3379, 3822 HB 1132-- Uniform Environmental Covenants Act; enact..................... 1360, 1364, 1872, 2349, 2419, 3030, 3511 HB 1133-- Education; student scholarship organizations; provisions.............................................................................. 1730, 1748, 2351, 2406, 3318, 3328, 3351 HB 1137-- Ware County; commissioner districts; change boundaries................................................................................... 465, 472, 877, 880 HB 1151-- Income Tax; exempt organizations; change provisions ....... 1738, 1748, 3074, 3076, 3319, 3328, 3363, 3822 5266 INDEX HB 1158-- Georgia Trauma Care Network Commission; certain reports; certain funds; provisions.......................................... 1730, 1749, 2351, 2406, 3093, 3132, 3816, 3923, 4126, 4177 HB 1159-- Income Tax Credit; adoption of a qualified foster child; provide .................................................................................. 1266, 1272, 2351, 2406, 3089, 3092, 3105 HB 1160-- Transferable Development Rights; severance; provide........ 1222, 1231, 1872, 2349, 3329, 3387, 3822 HB 1162-- Sky Valley, City of; reincorporate and provide new charter ......................................................................................... 410, 417, 529, 533 HB 1163-- Alcovy, Atlanta and Brunswick judicial circuits; additional judge; provide ...................................................... 1530, 1539, 3302, 3305, 3564, 3659, 4864, 5058 HB 1164-- Warren County Board of Education; member elections; revise districts ............................................................................. 410, 418, 529, 534 HB 1165-- Special License Plates; reciprocity agreements between states; provide ...................................................................................... 869, 874 HB 1166-- Liberty County; ad valorem tax; property's base year assessment; provide certain restrictions...................................... 410, 418, 529, 534 HB 1167-- Liberty County School District; ad valorem tax; property's base year assessment; provide certain restrictions................................................................................... 411, 418, 529, 535 HB 1168-- Excise Tax on Rooms, lodgings, and accommodations; comprehensive revision; provide .......................................... 1530, 1540, 2351, 2406, 3326, 3330, 3473, 3814, 3897, 4781, 4817, 5085, 5190 HB 1169-- Early Care and Learning Programs; day-care center; revise definition .................................................................... 1222, 1231, 3302, 3305, 3565, 3771 HB 1176-- Land Conservation Projects; certain provisions; redesignate and extensively revise........................................ 1733, 1749, 1871, 2349, 2419, 3037 INDEX 5267 HB 1178-- Sales and Use Tax; liquefied petroleum gas; certain purposes; provide exemption ................................................ 1531, 1540, 3074, 3076, 3326, 3330, 3487 HB 1181-- State Board of Education; donations, grants, and federal aid acceptance; revise provisions.......................................... 1732, 1749, 1851, 1873 HB 1182-- Toombs County; board of commissioners; vice-chairperson election; provide.............................................. 465, 472, 877, 881 HB 1183-- University System; certain provisions; eliminate repeal ...... 1222, 1231, 1852, 1873, 2362, 2364, 3287 HB 1184-- Georgia Student Finance Authority; educational assistance programs; physical disabilities; authorize ........... 1531, 1540, 1852, 1873 HB 1185-- Union City, City of; ad valorem tax; residents 65 years or older; provide homestead exemption ................................... 465, 472, 3513, 3536 HB 1186-- Subsequent Injury Trust Fund; assessment payments; change certain provisions...................................................... 1360, 1365, 1871, 2349, 2419, 3039 HB 1189-- Transportation, Department of; commissioner file report on State-wide Strategic Transportation Plan; require ................................................................................... 1361, 1365, 2349, 2406, 3093, 3175, 5182 HB 1190-- Fulton County; ad valorem tax; increase exemption amount .................................................................................. 1840, 1846, 3825, 3839, 3845, 3851, 5182 HB 1191-- Atlanta, City of; school district ad valorem tax; increase exemption amount................................................................. 1840, 1847, 3825, 3840, 3847, 3851, 5182 HB 1192-- Atlanta, City of; ad valorem tax; increase exemption amount .................................................................................. 1841, 1847, 3825, 3840, 3848, 3851, 5183 HB 1193-- Sales and Use Tax Exemption; certain aquariums; change provisions ................................................................. 1531, 1541, 3074, 3076, 3552, 3566, 3807 5268 INDEX HB 1196-- Income Tax Credit; qualified investment; Seed-Capital Fund; provisions ................................................................... 1728, 1750, 3074, 3076, 3563, 3587 HB 1201-- Georgia Emergency Management Agency Nomenclature Act of 2008; enact ......................................... 1267, 1272, 1372, 1458, 1815, 1838 HB 1205-- Fulton County; ad valorem tax; 65 years or older; provide homestead exemption .............................................. 1841, 1847, 3514, 3537 HB 1208-- Gwinnett County; Redevelopment Powers Law; authorize.................................................................................... 522, 528, 2405, 2410 HB 1209-- State Board of Education; local school systems; contracts; provisions ............................................................. 1452, 1456, 2351, 2406, 3093, 3146, 3815, 3875, 4126, 4207, 5049, 5190 HB 1211-- Georgia Forest Land Protection Act of 2008; enact ............. 1531, 1541, 2351, 2406, 3090, 3093, 3160, 3822 HB 1216-- State Government; change regional development centers to regional commissions; provisions ........................ 1735, 1750, 1852, 1873, 2362, 2383 HB 1217-- State Licensing Board of Home Inspectors; create .............. 1532, 1541, 2353, 2406, 3094, 3273, 3823 HB 1220-- Special License Plates; firefighters; provisions.................... 1739, 1750, 1872, 2349, 3565, 3772, 3927, 4797, 4995, 5036 HB 1221-- Insurance Contracts; corporations; employees covered; change minimum number ..................................................... 1532, 1542, 1871, 2349, 3075, 3303, 3564, 3678, 4864, 5046 HB 1222-- 'Health Share' Volunteers in Medicine Act; definitions; revise certain provisions ....................................................... 1223, 1232, 1807, 1853, 1875, 1883, 3069 HB 1223-- Marietta, City of; school board; provide compensation ........... 869, 875, 1237, 1241 INDEX 5269 HB 1226-- Water Resources; water supply; extensively revise certain provisions.................................................................. 1361, 1365, 2348, 2406, 3566, 3807 HB 1227-- Anti-cigarette Smuggling Act; enact .................................... 1643, 1719, 1872, 2349 HB 1234-- Medicaid Care Management Organizations Act; enact ........ 1728, 1751, 2404, 2406, 3565, 3807, 4843, 5183 HB 1235-- Motor Vehicles; fleet vehicles with valid insurance; wrongfully towing; provide penalty ..................................... 1593, 1626, 2352, 2406, 3330, 3489, 3823 HB 1238-- Ticket Brokers; resell tickets and service charges; change certain provisions...................................................... 1736, 1751, 1872, 2349 HB 1243-- Alcoholic Beverages; nonprofit organizations; issuance of temporary permits; change certain provisions.................. 1532, 1542, 1872, 2349, 2418, 2452 HB 1244-- Income Tax Credit; teleworking; extend time period........... 1732, 1751, 1870, 2349, 2350, 2351, 2416, 2418, 2424, 3350, 3428, 3730, 3922 HB 1245-- Indigent Defense; revise matters; senior judges; change certain provisions.................................................................. 1361, 1366, 1807, 1853, 1875, 2216, 2399, 3047, 3289, 3318, 4996, 5190 HB 1246-- Income Tax Credit; certain business enterprises; include broadcasting .......................................................................... 1738, 1752, 3074, 3076, 3321, 3329, 3389, 3726, 3810, 3937, 3948, 4830, 5191 HB 1249-- Income Tax Credit; solar energy technology manufacturing facilities; provide .......................................... 1742, 1752, 3074, 3076, 3327, 3330, 3491, 3823 HB 1250-- Cobb County State Court; judges; change compensation .... 1097, 1103, 1808, 1812 HB 1255-- Monroe Area Convention and Visitors Bureau Authority Act; enact.............................................................. 1098, 1103, 3514, 3530 5270 INDEX HB 1261-- Snellville, City of; Redevelopment Powers Law; authorize................................................................................ 2326, 2337, 3514, 3530 HB 1263-- Atlanta, City of; school district ad valorem tax; residents 65 or over; provide homestead exemption ....................... 1841, 1848 HB 1269-- Cherokee County; ad valorem tax; provide homestead exemption.............................................................................. 2326, 2337, 3304, 3311 HB 1271-- Holly Springs, City of; ad valorem tax; provide homestead exemption ........................................................... 2326, 2337, 3304, 3312 HB 1272-- Woodstock, City of; ad valorem tax; provide homestead exemption.............................................................................. 3063, 3071, 3304, 3312 HB 1273-- Income Tax Credit; businesses; jobs in less developed areas; change provisions ....................................................... 1730, 1752, 2351, 2406, 3090, 3093, 3156, 3823 HB 1274-- Income Tax Credit; real property donations; change certain provisions.................................................................. 1733, 1753, 2351, 2406, 2424, 3074, 3552, 3564, 3686, 5183 HB 1277-- Health Insurance Plans; education personnel; consider charter school employees; provide ....................................... 1742, 1753, 2351, 2406, 3330, 3496 HB 1279-- Emanuel County; Board of Education; members; change compensation............................................................ 1181, 1188, 1237, 1242 HB 1280-- Alcoholic Beverages; regional economic assistance projects; provide state licensing............................................ 1533, 1542, 1872, 2349, 3329, 3401, 3728, 3812, 3936, 3948, 5032, 5191 HB 1281-- Water Resources; local governments; restrictions; outdoor water use; provisions............................................... 1362, 1366, 2346, 2406, 3329, 3406, 3824 HB 1282-- Glynn County; ad valorem tax; provide homestead exemption.............................................................................. 1223, 1232, 2405, 2412 INDEX 5271 HB 1283-- Railroad Corporations; presumptions; provisions ................ 1591, 1626, 2348, 2406, 3094, 3252, 3824 HB 1285-- Glynn County School District; ad valorem tax; provide homestead exemption ........................................................... 1223, 1233, 3514, 3537 HB 1286-- Quality Basic Education Act; Veterans Day; revise provisions.............................................................................. 1533, 1543, 1807, 1853, 3566, 3807 HB 1293-- Death Penalty Cases; Supreme Court; pretrial proceedings; extend review period .................................................. 1740, 1753 HB 1297-- Sexual Assault Protocol; afford greater protection to victims; change provisions ................................................... 1734, 1753, 3303, 3305, 3564, 3693, 5184 HB 1299-- Certain Hospital Authorities; contract with nonprofit corporations; require ............................................................. 1754, 2404, 2406, 3330, 3497, 3927, 3967 HB 1300-- Minimum School Year; certain school days; provisions...... 1729, 1754, 3302, 3305, 3565, 3806 HB 1302-- Clayton County School System; code of ethics; provide ..... 2327, 2338, 3304, 3307 HB 1303-- Food Service Establishments; food nutrition information; provisions......................................................... 1734, 1754, 1851, 1873, 2362, 2384 HB 1304-- Kennesaw, City of; corporate city limits; change provisions.............................................................................. 1224, 1233, 2405, 2410 HB 1308-- Cobb County State Court; clerk and chief deputy clerk; change compensation............................................................ 1224, 1233, 1808, 1812 HB 1309-- Brantley County; board of commissioners; chairperson; change salary......................................................................... 1224, 1233, 2405, 2410, 2414, 2416, 3291 HB 1312-- Bleckley County School Building Authority; create ............ 1224, 1234, 2405, 2410 HB 1313-- Pulaski County School Building Authority; create .............. 1225, 1234, 2405, 2411 HB 1314-- Criminal Cases; state's right to appeal; change provisions......................................................................................... 1740, 1755 5272 INDEX HB 1321-- Education; alleged inappropriate behavior by teacher or school personnel; provisions................................................. 1593, 1626, 3302, 3305, 3565, 3807, 4819, 5184 HB 1327-- Roswell, City of; corporate limits; change ........................... 1452, 1457, 1852, 1857 HB 1328-- State Employees' Health Insurance Plan; consumer choice options; revise a provision......................................... 1605, 1627, 2352, 2406, 3094, 3257, 3282 HB 1329-- Bryan County Water and Sewer Authority Act; enact ......... 1299, 1307, 3514, 3531, 3538, 3551, 3828, 4779 HB 1330-- Cobb County-Marietta Water Authority; issuance of negotiable bonds; provide increase in debt limit .................. 1300, 1308, 1457, 1461 HB 1332-- Jackson County; school district ad valorem tax; certain residents; provide homestead exemption.............................. 1841, 1848, 3304, 3312 HB 1333-- Jefferson, City of; school district ad valorem tax; certain residents; provide homestead exemption.................. 1842, 1848, 3304, 3313 HB 1334-- Commerce, City of; school district ad valorem tax; certain residents; provide homestead exemption.................. 1842, 1849, 3304, 3313 HB 1335-- Quality Basic Education Formula; funding purposes; change program weights ....................................................... 1735, 1755, 1870, 2349, 3094, 3263 HB 1340-- Wilkes County Hospital Authority; filling vacancies; change method ...................................................................... 1300, 1308, 1852, 1857 HB 1346-- Theft; retail property fencing; create offense ....................... 1734, 1755, 2348, 2406, 3329, 3414, 3824 HB 1347-- Cobb County; Board of Commissioners; compensation; change provisions ................................................................. 1300, 1308, 1457, 1461 HB 1348-- Uniform Act for Out-of-State Parolee Supervision; repeal..................................................................................... 1592, 1627, 2347, 2406 HB 1352-- Atkinson County; board of elections and registration; create ..................................................................................... 1362, 1366, 3513, 3531 INDEX 5273 HB 1353-- Catoosa County; ad valorem tax exemption; certain disabled persons; increase maximum income level.............. 1843, 1849, 2349, 2358 HB 1354-- Catoosa County; ad valorem tax exemption; certain residents; increase maximum income level .......................... 1843, 1849, 2349, 2359 HB 1361-- Cook County; board of elections; create .............................. 1452, 1457, 1761, 1768 HB 1368-- Motor Vehicle Licensing Requirements; out-of-state students exemption; revise certain provisions ...................... 1533, 1543, 3075, 3076 HB 1374-- Clinch County State Court; abolish ...................................... 1533, 1543, 1761, 1768 HB 1375-- Lavonia, City of; corporate limits; change and extend......... 2327, 2338, 3075, 3081 HB 1378-- Doraville, City of; corporate limits; change by annexing certain territory ..................................................................... 2327, 2338, 2405, 2406, 3564, 3698 HB 1382-- Gilmer County Kids Kottage Commission Act; enact ......... 1575, 1627, 1808, 1813 HB 1383-- Gilmer County; school district ad valorem tax; residents 65 years or older; provide homestead exemption ................. 1575, 1843, 1850, 2349, 2359 HB 1385-- Effingham County; Board of Education; member qualifications; change provisions ......................................... 1575, 1628, 1761, 1769 HB 1387-- Telfair County; constitutional officers; provide advisory referendum election .............................................................. 1575, 1628, 1808, 1813 HB 1388-- Telfair County; board of commissioners; provide advisory referendum election ............................................... 1576, 1628, 1808, 1813 HB 1389-- Bainbridge Area Convention and Visitors Bureau Authority Act; enact............................................................... 1629, 1852, 1857 HB 1399-- Excise Tax; accommodations; consolidated government destination services fee; provide...................................................... 1742, 1756 HB 1406-- Waleska, City of; mayor and council members; fouryear terms; provide ............................................................... 1758, 1806, 2405, 2411 HB 1407-- Atkinson County; board of commissioners; provisions ....... 1758, 1806, 3513, 3531 5274 INDEX HB 1410-- Walton County; board of education; members; change compensation method ........................................................... 1759, 1806, 3304, 3307 HB 1411-- Hall County; school district ad valorem tax; certain residents; provisions ............................................................. 1843, 1850, 3304, 3314 HB 1414-- Douglas County State Court; additional judge; provide....... 2327, 2339, 3304, 3308 HB 1416-- Fayette County State Court; judge; change compensation ........................................................................ 3290, 3513, 3826, 3833 HB 1417-- Brantley County; Board of Education; compensation; change provisions ................................................................. 1844, 1850, 3075, 3081, 3088 HB 1418-- White County; Board of Commissioners; reconstitute......... 2328, 2339, 3075, 3081 HB 1419-- White County; Board of Commissioners; members; provide compensation ........................................................... 2328, 2339, 3075, 3082 HB 1420-- White County; Board of Education; election of members; repeal Act ............................................................. 2328, 2340, 3075, 3082 HB 1421-- White County; Board of Education; election of members; provide method .................................................... 2329, 2340, 3075, 3082 HB 1422-- White County; school district ad valorem tax; change definition of "income" .......................................................... 2329, 2340, 3075, 3085 HB 1423-- Lumpkin County; board of commissioners; appoint and employ clerk; authorize county manager.............................. 2329, 2341, 2405, 2411 HB 1424-- Lumpkin County; ad valorem tax; certain residents; provide homestead exemption .............................................. 2329, 2341, 2405, 2413 HB 1425-- Lumpkin County; school district ad valorem tax; certain residents; provide homestead exemption.............................. 2330, 2341, 2405, 2413 HB 1426-- Dahlonega, City of; ad valorem tax; certain residents; provide homestead exemption .............................................. 2330, 2341, 2405, 2413 HB 1427-- Dawson County; board of elections and registration; place of meetings; change certain provisions ....................... 2330, 2342, 2405, 2412 INDEX 5275 HB 1429-- Mitchell County; Board of Education; members; salary and per diem; change certain provisions ......................................... 2330, 2342 HB 1430-- Kennesaw, City of; Internet services within the city; provide for the provision ...................................................... 2330, 2342, 2405, 2412 HB 1432-- Bremen, City of; school district ad valorem tax; certain residents; provide homestead exemption.............................. 2331, 2343, 3304, 3314 HB 1434-- Carrollton, City of; school district tax; certain residents; provide exemption ................................................................ 2331, 2343, 3304, 3314 HB 1437-- Douglas County; board of elections; create.......................... 2331, 2343, 3826, 3833 HB 1439-- City of Villa Rica Public Facilities Authority Act; enact..... 2332, 2344, 3304, 3308 HB 1440-- Cochran Municipal Airport Authority Act; enact................. 2332, 2344, 3075, 3082 HB 1441-- Bacon County; board of education; chairman selection; provide advisory referendum election .................................. 2332, 2345, 3075, 3083 HB 1442-- Waycross, City of; ad valorem tax; provide homestead exemption.............................................................................. 2333, 2345, 2405, 2413 HB 1443-- Ware County; school district ad valorem tax; provide homestead exemption ........................................................... 2333, 2345, 2405, 2414 HB 1444-- Heart of Georgia Regional Airport Authority; revenue bonds; provisions .................................................................. 2333, 2345, 3075, 3083 HB 1445-- Dawson County; ad valorem tax; certain residents; provide homestead exemption .............................................. 2333, 2346, 2405, 2414 HB 1446-- Dawson County; school district ad valorem tax; certain residents; provide homestead exemption.............................. 2334, 2346, 3075, 3085 HB 1447-- Sylvester, City of; provide new charter ................................ 2393, 2402, 3826, 3834 HB 1448-- Tyrone, Town of; charter; change certain provisions........... 3063, 3071, 3513, 3532 HB 1449-- Athens-Clarke County Unified Government; municipal court; provisions .............................................................................. 2393, 2402 5276 INDEX HB 1450-- Franklin County; board of elections and registration; create ..................................................................................... 2394, 2403, 3075, 3084 HB 1451-- Brantley County Airport Authority Act; enact ..................... 2394, 2403, 3075, 3084 HB 1452-- Fulton County; board of commissioners; ad valorem tax exemption; requirements....................................................... 3063, 3072, 3826, 3834 HB 1453-- Alapaha, Town of; mayor and council; provide new terms of office....................................................................... 2394, 2403, 3513, 3532 HB 1454-- Forsyth County Public Facilities Authority; create .............. 3064, 3072, 3304, 3308 HB 1455-- Wilkes County; board of commissioners; purchasing property and services; provide authority .............................. 2395, 2404, 3304, 3309 HB 1456-- Hall County State Court; additional judge; provide ............. 3064, 3072, 3304, 3309 HB 1457-- Stewart County; Board of Education; members; provide compensation ........................................................................ 3064, 3073, 3513, 3532 HB 1459-- College Park Business and Industrial Development Authority; membership; change qualifications..................... 3065, 3073, 3513, 3533 HB 1463-- Augusta-Richmond County Coliseum Authority; change name and membership.............................................. 2438, 3073, 3304, 3309, 3315, 3317 HB 1464-- Madison County; board of commissioners; staggered office terms; provide............................................................. 3065, 3074, 3304, 3310 HB 1465-- Harlem, City of; provide new charter ................................... 3065, 3074, 3304, 3310 HB 1466-- Jasper County; board of commissioners; consolidate amendatory Acts into one Act .............................................. 3141, 3292, 3513, 3533 HB 1468-- Monroe County Public Facilities Authority Act; enact ........ 3142, 3292, 3513, 3533 HB 1469-- Franklin Springs, City of; restate and reenact charter .......... 3142, 3293, 3826, 3835 HB 1471-- Lamar County; Joint Board of Elections and Registration; revise composition of board............................ 3142, 3293, 3826, 3835 INDEX 5277 HB 1472-- Lamar County; Water and Sewer Authority; provisions ...... 3143, 3294, 3826, 3835 HB 1473-- Griffin, City of; Redevelopment Powers Law; authorize..... 3143, 3294, 3514, 3534 HB 1474-- Spalding County; Redevelopment Powers Law; authorize................................................................................ 3143, 3294, 3514, 3534 HB 1475-- Griffin-Spalding County; school district ad valorem tax; certain residents; provide homestead exemption.................. 3143, 3294, 3514, 3537 HB 1477-- Satilla Regional Water and Sewer Authority; member selection; revise..................................................................... 3144, 3295, 3514, 3534 HB 1478-- Ware County; Board of Education; provisions..................... 3144, 3295, 3825, 3835, 3841, 3851, 5184 HB 1479-- Terrell County; Board of Education; increase compensation for board ........................................................ 3144, 3295, 3825, 3836 HB 1480-- Dodge County; board of commissioners; change terms of office................................................................................. 3144, 3296, 3825, 3836 HB 1483-- City of Gainesville Community Improvement Districts Act of 2008; enact................................................................. 3145, 3296, 3825, 3836 HB 1484-- Hall County Community Improvement District Act of 2008; enact............................................................................ 3145, 3296, 3825, 3837 HB 1485-- Nashville, City of; mayor and city council members; provide new terms................................................................. 3145, 3297, 3514, 3535 HB 1486-- Banks County Family Connection Commission; repeal Act......................................................................................... 3146, 3297, 3826, 3837 HB 1487-- Henry County Development Authority Act; compensate authority members; provide alternative procedure ............... 3146, 3297, 3826, 3837 HB 1488-- Clarkston, City of; Redevelopment Powers Law; authorize................................................................................ 3146, 3297, 3826, 3838 HB 1489-- Dawson County Community Improvement District Acts of 2008; enact........................................................................ 3582, 3585, 3826, 3838 5278 INDEX HB 1490-- Port Wentworth, City of; governing authority; reconstitute............................................................................ 3582, 3585, 3826, 3838 HB 1491-- Bartow County; coroner; change compensation................... 3582, 3586, 3826, 3839, 3842, 3851, 5185 INDEX 5279 HOUSE RESOLUTIONS HR 14-- Walter E. "Eddie" Elder Interchange; Barrow County; dedicate ................................................................................. No action in 2008 HR 146-- Bohler, Dr. Charles Emory; designate portions of SR 26 .... No action in 2008 HR 147-- Erk Russell Highway; designate portions of SR 26 ............. No action in 2008 HR 195-- Hospitality Highway; dedicate GA 400................................ No action in 2008 HR 321-- Edward Sidney "Dick" Chambers Memorial Highway; dedicate ................................................................................. No action in 2008 HR 423-- Billy Lancaster Memorial Highway; dedicate...................... No action in 2008 HR 468-- State highway system; certain portions; dedicate................. 1738, 1756, 2405, 2406, 3562, 3566, 5185 HR 531-- Ralph Lively Memorial Highway; dedicate ......................... No action in 2008 HR 1018-- House Convened; notify Senate..................................................................... 70 HR 1019-- Joint Session; message from Governor.............................................. 71, 83, 89 HR 1020-- Joint Session; message from Chief Justice of Supreme Court ................................................................................................ 71, 84, 349 HR 1021-- Adjournment; relative to.................................................................. 71, 84, 124 HR 1022-- Certain Comprehensive State-wide Water Management Plan; ratify................................................................................... 136, 142, 169, 183, 203 HR 1023-- State Highway System; certain portions; dedicate ............... 1225, 1235, 2405, 2406, 3562, 3581, 3962, 5185 HR 1025-- General Appropriations Act; statements of legislative intent; provide-CA ............................................................................... 174, 181 HR 1078-- Williams, Mr. Willie Otis "Pete"; compensate ..................... 1740, 1756, 2350, 2406, 3562, 3584, 5187 HR 1103-- Joint Study Committee on Teacher Training and Certification; create............................................................... 1181, 1188, 1870, 2349, 2419, 3040 HR 1115-- Martin Luther King, Jr., National Memorial Project Foundation; use Georgia granite; urge ............................................ 3735, 3829 HR 1158-- Georgia BIO; commend.............................................................. 197, 200, 875, 1104, 1770, 1772 HR 1206-- Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission; create ......................................... 522, 528, 1371, 1458 HR 1225-- Adjournment; relative to.............................................................. 272, 280, 401 5280 INDEX HR 1246-- The Property Tax Reform Amendment; enact-CA............... 1731, 1756, 1870, 2349, 2350, 2351, 2417, 2418, 2439, 3350, 3430, 3725, 3922 HR 1248-- Burran, Dr. James A.; Dalton State College; retirement; recognize.............................................................................................. 286, 296 HR 1276-- Forest Land Conservation Use Property; special assessment and taxation; provide-CA................................... 1534, 1544, 2351, 2406, 3091, 3094, 3264, 3825 HR 1310-- State Properties Commission; enter into dispute agreements; real property in Butts, Lamar, and Monroe Counties; authorize ............................................................... 1590, 1629, 1852, 1873, 2362, 2419, 3040, 3512 HR 1425-- State of Georgia Property; certain counties; nonexclusive easements; authorize....................................... 1591, 1629, 2349, 2406, 3563, 3586, 5187 HR 1427-- Robert S. "Bob" Boney State Prison; dedicate ..................... 1733, 1757, 1852, 1873, 2362, 2419, 3048 HR 1556-- Adjournment; relative to........................................................ 1362, 1447, 1525 INDEX 5281 PART III ALPHABETIC INDEX A ACCOUNTANTS Accountants; increase regulatory protections for consumers of accounting services; definitions ................................................................................................ SB 473 AD VALOREM TAX (ALSO SEE TAXATION AND REVENUE) Ad Valorem Tax Reform; freeze valuation of real property except certain adjustments; procedures, conditions, limitations for cert. increases ...................... SR 796 Ad Valorem Tax; exemptions which may be authorized locally ........................... SR 515 Ad Valorem Tax; freezing values of existing residential real property; provide conditions/limitations ................................................................................ SR 686 Ad Valorem Tax; local replacement option; provide for procedures, conditions, and limitation ....................................................................................... SR 687 Ad Valorem Tax; prohibit county from levying within a municipality as special services districts.......................................................................................... SR 248 Ad Valorem Tax; property; revise and change certain definitions.......................HB 1081 Ad Valorem Tax; provide annual hearings on property taxes by county/municipal governing authorities/independent school systems ................... SB 291 Ad Valorem Tax; provide homestead exemption; full value for certain senior citizens; educational purposes ..................................................................... SB 538 Ad Valorem Tax; repeal the levy of state ad valorem taxes except in the case of an emergency.............................................................................................. SR 859 Baldwin County School District; homestead exemption; increase income limitation; increase qualified homestead property.................................................. SB 495 DeKalb County School District Ad Valorem Tax; provide homestead exemption; educational purposes; specify terms/conditions .................................. SB 516 Fulton County Ad Valorem Tax; provide homestead exemption; county purposes .................................................................................................................. SB 513 Georgia Forest Land Protection Act of 2008; enact .............................................HB 1211 Glynn County School District Ad Valorem Tax; provide homestead exemption for educational purposes ....................................................................... SB 486 Homestead Exemption; certain disabled persons; total value ................................ SB 218 Homestead Exemptions; change date of filing applications................................... SB 159 Landowners Protection Act of 2008; limit liability of certain landowners; who permit hunting on their property or allowing for agritourism ........................ SB 449 License Plates; driver's license; issuance; payment/disposition of fees; proof of citizenship ................................................................................................... SB 25 Motor Vehicles; provide imposition of fee by motor vehicle rental companies; definitions; procedures, conditions and limitations............................. SB 181 5282 INDEX Property Tax Assessments; appeals; payment of interest; change certain provisions.................................................................................................................... SB 8 Tax Returns; local law; establish a different time .................................................. SB 132 Taxation of Property; person illegally in country; not entitled to any tax exemption ................................................................................................................... SB 2 Taxation; payment of taxes where property lies in more than one county; repeal certain provisions ........................................................................................... SB 58 The Property Tax Reform Amendment; enact .....................................................HR 1246 Watercraft; held in inventory for resale; exempt from taxation; provide.............HB 1046 ADAIRSVILLE, CITY OF Adairsville Building Authority; create ...................................................................HB 781 ADJOURNMENT Adjournment; relative to.......................................................................................HR 1021 Adjournment; relative to.......................................................................................HR 1225 Adjournment; relative to.......................................................................................HR 1556 Adjournment; relative to......................................................................................... SR 782 Adjournment; relative to......................................................................................... SR 981 Adjournment; relative to....................................................................................... SR 1148 Adjournment; relative to....................................................................................... SR 1246 ADMINISTRATIVE PROCEDURE Administrative Procedure; effectiveness of a challenged agency rule; General Assembly take action on such rule at next legislative session.................. SB 445 Certificate of Need Program; provide for extensive revision; definitions; declaration of policy for state health planning; Health Strategies Council ............ SB 433 Educational Facilities Surveys; change certain provisions .................................... SB 118 Firearms Dealers; transfer authority for regulation to state revenue commissioner.......................................................................................................... SB 252 Georgia Fire Safety Standard and Firefighter Protection Act; definitions; provide for standards for testing cigarettes; written certification........................... SB 418 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 Government; legislative override; change certain exemptions .............................. SB 352 Joint State-wide Water Planning Oversight Committee; members; powers; duties; provide........................................................................................... SB 351 Juvenile Proceedings; redefine a term; provide public school disciplinary actions against students; terroristic threats against public school .......................... SB 521 Medical; agency interpretations of rules/regulations/policies shall prevail; investigation of improper payment of claims by health care providers ................. SB 401 Secretary of State; authorize/procure a website service provider; public notice website; definitions; provide for certain requirements ................................ SB 391 INDEX 5283 State Licensing Board of Home Inspectors; create ................................................ SB 334 ADMINISTRATIVE SERVICES, DEPARTMENT OF Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date.......................................... SB 344 Insuring/Indemnification; Commissioner of Administrative Services; amend certain provisions; establish incentive programs ........................................ SB 425 State Contracts; Administrative Services; certain contract specifications; interest payments where payments are owed and past due .................................... SB 419 State Government; clarify meaning of criminal action; replace Department of Administrative Services with Office of Treasury/Fiscal Services................................................................................................................... SB 175 State Purchasing; funds appropriated to state's budget units; dedicated to projects/contracts involving small businesses ........................................................ SB 484 State Purchasing; prohibit use of state funds by purchase orders or other such payment vehicles for personal benefit or gain; penalties ............................... SB 548 State Purchasing; use of state funds for personal benefit; prohibit ......................HB 1113 ADOPTION Income Tax Credit; provide adoption of a qualified foster child; conditions/limitations ...........................................................................................HB 1159 Juvenile Proceedings; Department of Human Resources emergency care/supervision to a child without a court order; reduce allowed time................. SB 415 Proceedings; juvenile deprivation hearings shall not be closed; except upon written application of parents ........................................................................ SB 278 AGENCY RELATIONSHIPS Probate Courts; update/change provisions ............................................................. SB 508 AGRICULTURE (ALSO SEE FARM AND FARM PRODUCTS) Agricultural Commodity Commission for Blueberries; provide............................HB 649 Agricultural/Forest Products; limited liability for owners/operators of farms offering agritourism under certain circumstances ........................................ SB 272 Agriculture Commissioner; provide a date certain for rules/regulations to establish criminal violations ................................................................................... SB 275 Agriculture, Department of; assigned functions; enforcement of state laws; control of infectious diseases in livestock; change provisions ..................... SB 429 Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date.......................................... SB 344 Georgia Building Authority; general provisions; operational powers ................... SB 130 Georgia Seed Development Commission; composition, advisory board, term of office; change certain provisions ............................................................... SB 515 Seafood; provide for regulations; require certain disclosures; definitions............. SB 533 5284 INDEX Seeds/Plants; certification; drought tolerant plant species; revise certain provisions................................................................................................................ SB 501 Water Conservation and Drought Relief Act; issuance of permits; certifications; construction of new public water supply reservoirs ........................ SB 342 ALAPAHA, TOWN OF Alapaha, Town of; mayor and council; provide new terms of office...................HB 1453 ALBANY, CITY OF Albany, City of; authorize to exercise all redevelopment/other powers ................ SB 320 ALCOHOLIC BEVERAGES Alcoholic Beverages; any county which Sunday sale is authorized; may authorize the sale in public stadiums, coliseums, and auditoriums........................ SB 454 Alcoholic Beverages; authorize restaurant patrons; off-premise consumption; resealed partially consumed bottle of wine; uniform rule of road ........................................................................................................................... SB 55 Alcoholic Beverages; cancellation of licenses to sell upon conviction of providing alcoholic beverages to person under 21 years of age............................. SB 562 Alcoholic Beverages; local authorization/regulation of sales on Sunday; provide procedures.................................................................................................... SB 26 Alcoholic Beverages; nonprofit organizations; issuance of temporary permits; change certain provisions .......................................................................HB 1243 Alcoholic Beverages; regional economic assistance projects; provide state licensing........................................................................................................HB 1280 Alcoholic Beverages; regulation of sales on Sunday; county/municipality........... SB 137 Alcoholic Beverages; regulation of sales on Sunday; county/municipality........... SB 138 Alcoholic Beverages; to permit the sale for consumption on the premises on Sundays; authorize governing authority of county/municipality ...................... SB 245 Alcoholic Beverages; vaporized forms; prohibit certain conduct ........................HB 1066 Alcoholic Beverages; wine direct shipper licenses; provide for issuance................ SB 56 DUI; mandatory sentences; increase ......................................................................HB 336 Farm Wineries; licensing; change certain provisions.............................................HB 393 Limousine Carriers; provide for licensing to sell alcoholic beverages; annual applications/fees; sticker for each vehicle authorized ................................ SB 385 Technical/Adult Education, Department of; change name to Technical College System of Georgia..................................................................................... SB 435 Wine; provide for direct shipping; special order shipping license; amend provisions................................................................................................................ SB 357 Wine; shipped to one customer; limit number of cases........................................HB 1061 ALIENS Taxation of Property; person illegally in country; not entitled to any tax exemption ................................................................................................................... SB 2 INDEX 5285 ALIMONY AND CHILD SUPPORT (ALSO SEE DOMESTIC RELATIONS) Administrative Services Department; remove/transfer functions; Council of Superior Court Judges of Georgia, Prosecuting Attorneys' Council.................. SB 396 Child Support; revise certain definitions; process of calculating; provisions................................................................................................................ SB 483 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 Human Resources, Department of; child support collections fees; authorize .................................................................................................................HB 156 ALLENTOWN, CITY OF Allentown, City of; provide for new charter .......................................................... SB 557 ALPHARETTA, CITY OF Alpharetta, City of; corporate limits; certain property; remove .............................HB 530 AMERICUS, CITY OF Americus-Sumter County Parks and Recreation Authority Act; repeal...............HB 1002 ANIMAL Agriculture, Department of; assigned functions; enforcement of state laws; control of infectious diseases in livestock; change provisions ..................... SB 429 Deer Farming; revise certain provisions; alternative livestock farming; provide for regulation ............................................................................................. SB 528 Dog fighting; prohibit; punishments; amend provisions ........................................HB 301 Dogs; provide for misdemeanor for removing certain collars; restitution; provide for exemptions ............................................................................................. SB 16 Dogs; removing certain collars; provide for a misdemeanor ................................. SB 520 Livestock; remove ratites/reclassify as poultry for certain purposes; definitions; brand or tattoo registration certificates; provisions............................. SB 364 APPEAL AND ERROR Criminal Cases; state's right to appeal; change provisions...................................HB 1314 APPELLATE COURT State Officials; certain justices and judges; increase annual salaries .....................HB 119 APPROPRIATIONS AND FISCAL AFFAIRS Citizens' Redistricting Commission; create; apportionment of General Assembly ................................................................................................................ SR 344 Courts; limitation on jurisdiction; appropriations by the General Assembly................................................................................................... SR 721 5286 INDEX General Appropriations Act; statements of legislative intent; provide ................HR 1025 General Appropriations; State Fiscal Year July 1, 2008 - June 30, 2009 ..............HB 990 Supplemental Appropriations; State Fiscal Year July 1, 2007 June 30, 2008 ..........................................................................................................HB 989 AQUACULTURE DEVELOPMENT Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date.......................................... SB 344 AQUARIUMS Sales/Use Tax Exemption; certain aquariums; change provisions.......................HB 1193 ARREST OF PERSONS O.C.G.A.; correct errors/omissions ........................................................................ SB 455 ARTS Georgia Council for the Arts; Georgia Arts Alliance; create .................................HB 291 Sales/Use Tax; nature center or performing arts amphitheater facility; provide exemption ..................................................................................................HB 413 Sales/Use Tax; performing arts centers and amphitheater facilities; nonprofit volunteer health clinics; provide exemption...........................................HB 162 ATHENS, CITY OF Athens-Clarke County Unified Government; municipal court; provisions..........HB 1449 ATHLETIC TRAINERS Personal Fitness Trainers; provide for licensure; establish Georgia Board of Fitness Trainers .................................................................................................. SB 228 ATKINSON COUNTY Atkinson County; board of commissioners; provisions .......................................HB 1407 Atkinson County; board of elections and registration; create ..............................HB 1352 William Harvey Jewell, Sr. Memorial Bridge; Berrien-Atkinson County; dedicate ................................................................................................................... SR 811 ATLANTA, CITY OF Atlanta, City of; ad valorem tax; increase exemption amount .............................HB 1192 Atlanta, City of; ad valorem taxes; homestead exemption; increase the amount of such exemption...................................................................................... SB 325 Atlanta, City of; school district ad valorem tax; increase exemption amount ..................................................................................................................HB 1191 Atlanta, City of; school district ad valorem tax; residents 65 or over; provide homestead exemption ..............................................................................HB 1263 INDEX 5287 ATTORNEYS O.C.G.A.; correct errors/omissions ........................................................................ SB 455 AUBURN, CITY OF Auburn, City of; certain areas not included; provide .............................................HB 807 Auburn, City of; change corporate boundaries; deannex certain property.............HB 689 AUDITS AND ACCOUNTS, DEPARTMENT OF Audits and Accounts, Department of; annual reports on state agencies; require .......................................................................................................................HB 91 Budget Act; periodic application of zero-base budgeting; analysis of departmental/program objectives ............................................................................. SB 12 Transparency in Government Act; Department of Audits/Accounts; creation/maintenance of certain state expenditure information.............................. SB 300 AUGUSTA, CITY OF Augusta-Richmond County Coliseum Authority; change name and membership...........................................................................................................HB 1463 AUTHORITIES Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date.......................................... SB 344 Insuring Georgia's Families Act; health insurance provision; comprehensive revision ............................................................................................ SB 28 Military, Emergency & Veterans Affairs; local redevelopment authorities; confer powers/impose duties; provide for membership; appointment ............................................................................................................ SB 542 AVIATION Georgia Aviation Authority Act; create ................................................................. SB 290 B BACON COUNTY Bacon County; board of education; chairman selection; provide advisory referendum election ..............................................................................................HB 1441 BAIL; BONDS AND RECOGNIZANCES Bail; sexual offenses; certain additional conditions ............................................... SB 117 Ecstasy; certain trafficking; bailable only before superior court judge; require .....................................................................................................................HB 960 5288 INDEX BAINBRIDGE, CITY OF Bainbridge Area Convention and Visitors Bureau Authority Act; enact .............HB 1389 BALDWIN COUNTY Baldwin County School District; homestead exemption; increase income limitation; increase qualified homestead property.................................................. SB 495 BANKING AND FINANCE Credit Enhancement Loan Act; licensing of lenders by the Department of Banking/Finance; purposes; definitions; provide penalties for violations ............. SB 489 Financial Institutions; prohibit directors, officers, and employees from transacting business with certain persons to whom they are related ...................... SB 551 Financial Institutions; provide for guaranteed asset protection waivers; scope; purposes; definitions; requirements for offering......................................... SB 541 Georgia Fair Lending Act; revise; prohibit home loan practices; definitions ............................................................................................................... SB 475 Insurance Companies; software as admitted asset when determining financial condition .................................................................................................. SB 347 Judicial Accounting; add a penalty, late fees, and interest for failure to remit certain funds/reports to authority .................................................................. SB 266 Mortgage Businesses; prohibit soliciting or facilitating fraudulent appraisal of value of property offered as security for mortgage/loan .................... SB 496 Mortgage Lenders/Brokers; create a nation-wide automated licensing system; provide Banking/Finance Department participate; rules/regulations...................................................................................................... SB 375 Mortgage Lenders/Brokers; nation-wide automated licensing system; create.......................................................................................................................HB 921 Pawnbrokers; provide for different treatment of title pawn transactions; change definitions; reductions in interest/fees; notice............................................ SB 545 Property; mortgages, conveyance to secure debt, liens; disbursement of certain settlement funds after closing; general provisions ..................................... SB 355 BANKS COUNTY Banks County Family Connection Commission; repeal Act................................HB 1486 Banks County; board of commissioners; provide increase in number of members; election................................................................................................... SB 558 Banks County; North Georgia Technical College; provisions ...............................HB 828 Banks County; provide for advisory referendum election; form of government; change three member to five member commission........................... SB 462 BARBERS Barber; obtaining license to practice; change certain requirements; provisions; provide exceptions ............................................................................... SB 424 INDEX 5289 Technical/Adult Education, Department of; change name to Technical College System of Georgia..................................................................................... SB 435 BARROW COUNTY Walter E. "Eddie" Elder Interchange; Barrow County; dedicate .............................HR 14 BARTOW COUNTY Bartow County; coroner; change compensation...................................................HB 1491 Public Property; conveyance; 10 counties............................................................ SR 1012 BERRIEN COUNTY Hubert F. Comer Memorial Bridge; Berrien County; dedicate.............................. SR 815 Lucious Murphy Jacobs Bridge; Berrien County; dedicate ................................... SR 813 MIA/KIA Bryant H. Roberts, SFC Memorial Bridge; dedicating ......................... SR 298 PFC Elwood W. Odom Memorial Bridge; dedicating ........................................... SR 297 POW Fred L. Belcher Memorial Bridge; dedicating.............................................. SR 299 Shellie W. Parrish Memorial Bridge; Berrien County; dedicate............................ SR 812 Virgil T. Barber Bridge; Berrien County; dedicate ................................................ SR 814 William Harvey Jewell, Sr. Memorial Bridge; Berrien-Atkinson County; dedicate ................................................................................................................... SR 811 BIBB COUNTY Bibb County Board of Tax Assessors; no person serving within the preceding 12 months shall be eligible to serve as an employee ............................. SB 314 Korean War Veterans Memorial Highway; Muscogee, Bibb, and Glynn; dedicate ................................................................................................................... SR 720 BISHOP, CONGRESSMAN SANFORD; addressed the Senate ....................... Page 479 BLASTING OR EXCAVATING NEAR UTILITY FACILITIES Local Government Franchising Authority; change certain provisions; telephone/telegraph companies............................................................................... SB 408 Local Government Franchising Authority; comprehensive revision of provision; power of eminent domain by telegraph/telephone; provisions ............. SB 379 BLECKLEY COUNTY Bleckley County School Building Authority; create............................................HB 1312 BLIND PERSONS Blind Persons' Braille Literacy Rights and Education Act; enact ..........................HB 652 Disabled Veterans/Blind Persons; eligibility certificate; valid for five years; provide..........................................................................................................HB 930 5290 INDEX BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Board of Regents; senior citizens program; change certain provisions .................HB 941 BOATS, MARINE EQUIPMENT AND FACILITIES; REGISTRATION, OPERATION, AND SALE OF WATERCRAFT Georgia Ports/Harbors; boating safety zones; modify certain provisions..............HB 964 Rules of the Road; commit the offense of felony hit and run; provide for offense of homicide by vehicle, vessel; change certain penalties .......................... SB 529 Vessels; abandoned; provide for revocation of certificates of number which have not been redeemed................................................................................. SB 27 Watercraft Certificate of Title Act; enact .............................................................HB 1000 Watercraft; applicant for certificate of number for vessels purchased outside Georgia; sales/use tax has been paid.......................................................... SB 185 Watercraft; held in inventory for resale; exempt from taxation; provide.............HB 1046 Watercraft; operation; revise provisions; Mandatory Boating Safety Education Act; enact; provide definitions; applicability ........................................ SB 389 BRANTLEY COUNTY Brantley County Airport Authority Act; enact .....................................................HB 1451 Brantley County; board of commissioners; chairperson; change salary ..............HB 1309 Brantley County; Board of Education; compensation; change provisions...........HB 1417 Public Property; conveyance; 10 counties............................................................ SR 1012 BREMEN, CITY OF Bremen, City of; school district ad valorem tax; certain residents; provide homestead exemption ...........................................................................................HB 1432 BRUNSWICK JUDICIAL CIRCUIT Alcovy, Atlanta and Brunswick Judicial Circuits; provide additional judge .....................................................................................................................HB 1163 BRYAN COUNTY Bryan County Water and Sewer Authority Act; enact .........................................HB 1329 BUILDINGS AND HOUSING Bonds; issuance/validation; change certain provisions .......................................... SB 397 Buildings; prohibit the naming of any public building for Sen. Robert Brown ..................................................................................................................... SB 191 New Home Access Act; enact; require new at-grade residential structures to include certain accessibility features; exceptions............................................... SB 532 O.C.G.A.; correct errors/omissions ........................................................................ SB 455 State Licensed Facilities/Public Buildings; require child safety outlets, covers, or plugs; provide a date of compliance ...................................................... SB 287 INDEX 5291 State Licensing Board of Home Inspectors; create ................................................ SB 334 State Licensing Board of Home Inspectors; create; membership .......................... SB 485 State Minimum Standard Codes/Enforcement; adoption/continuation; change certain provisions; gray water recycling system; enforcement .................. SB 463 BULLOCH COUNTY Bohler, Dr. Charles Emory; designate portions of SR 26 ......................................HR 146 Erk Russell Highway; designate portions of SR 26 ...............................................HR 147 John Paul Ellis Highway; dedicate ......................................................................... SR 404 Public Property; conveyance; 10 counties............................................................ SR 1012 BUSINESS AND OCCUPATION TAXES Excise Tax; accommodations; consolidated government destination services fee; provide .............................................................................................HB 1399 Excise Tax; public accommodation furnishings; change certain provisions................................................................................................................HB 302 Excise Tax; rooms, lodgings, and accommodations; provide comprehensive revision ........................................................................................HB 1168 BUTTS COUNTY Billy Lancaster Memorial Highway; dedicate........................................................HR 423 State Properties Commission; enter into dispute agreements; real property in Butts, Lamar, and Monroe Counties; authorize ..............................................HR 1310 C CARROLL COUNTY C.C. Perkins Memorial Highway; Carroll County; dedicate.................................. SR 454 Carroll County; school district ad valorem tax; residents 65 or over; provide homestead exemption ..............................................................................HB 1115 Ralph Lively Memorial Highway; dedicate ...........................................................HR 531 Veterans Memorial Highway; Carroll County; dedicate........................................ SR 453 CARROLLTON, CITY OF Carrollton, City of; school district tax; certain residents; provide exemption .............................................................................................................HB 1434 CATOOSA COUNTY Catoosa County; ad valorem tax exemption; certain disabled persons; increase maximum income level ..........................................................................HB 1353 Catoosa County; ad valorem tax exemption; certain residents; increase maximum income level.........................................................................................HB 1354 5292 INDEX CELLULAR TELEPHONES Inmates; telecommunications devices; prohibit receiving/possessing; provide definition.................................................................................................... SB 366 CEMETERY AND FUNERAL SERVICES O.C.G.A.; correct errors/omissions ........................................................................ SB 455 CHAPLAINS OF THE DAY Arnold, Reverend Larry..................................................................................... Page 3298 Beasley, Reverend Willie .................................................................................. Page 1276 Bochian, Reverend Jim ...................................................................................... Page 1809 Boland, Most Reverend J. Kevin......................................................................... Page 202 Booker, Reverend Spencer Lamar..................................................................... Page 1238 Clay, Pastor Kenneth ........................................................................................... Page 363 Davis, Bishop Lindsey......................................................................................... Page 276 Dillard, Dr. George .............................................................................................. Page 341 Doak, Reverend Glenn....................................................................................... Page 1192 Ellison, Pastor Johnny.......................................................................................... Page 170 Feldman, Rabbi Ilan............................................................................................. Page 878 Gaddis, Reverend Todd ....................................................................................... Page 218 Grant, Reverend Charles.................................................................................... Page 2406 Gresham, Reverend Quinten................................................................................ Page 185 Hodges, Pastor Jay............................................................................................. Page 1762 Kirkland, Reverend Bernice .............................................................................. Page 3514 Kittle, Reverend Barry....................................................................................... Page 1853 Landers, Pastor Andre........................................................................................ Page 1311 Lane, Pastor Steve.................................................................................................. Page 81 Lee, Pastor Eric Wendel ...................................................................................... Page 103 Leslie, Sr., Reverend Paul.................................................................................. Page 3077 Linch, Reverend Mike ......................................................................................... Page 143 Love, Reverend James E...................................................................................... Page 120 McGill, Dr. Marshall. .......................................................................................... Page 129 Moore, Reverend Carl........................................................................................ Page 3826 Newman, Dr. Rusty ............................................................................................. Page 421 Patterson, Reverend Jimmy ................................................................................. Page 530 Phillips, Reverend Dr. Wendell ......................................................................... Page 1105 Piper, Reverend Alphonso ..................................................................................... Page 88 Poole, Reverend Jerry .......................................................................................... Page 292 Price, Dr. Nelson.................................................................................................... Page 45 Ricker, Reverend Mike ........................................................................................ Page 474 Roberts, Pastor Jarrod ........................................................................................ Page 1545 Simms, Dr. Stewart............................................................................................ Page 1874 Sparks, Laurie .................................................................................................... Page 1459 INDEX 5293 Streett, Pastor Stephen ....................................................................................... Page 1373 Taylor, Reverend Mark........................................................................................ Page 156 Williams, Senator Tommie ................................................................................ Page 2354 Wood, Dr. Frank .................................................................................................. Page 238 Wood, Pastor Steve.............................................................................................. Page 262 CHARITIES AND CHARITABLE SOLICITATIONS Charitable Solicitations; definitions; revise certain provisions ............................HB 1104 Local Government Franchising Authority; comprehensive revision of provision; power of eminent domain by telegraph/telephone; provisions ............. SB 379 Sales/Use Tax; certain sales of food and beverages to qualified food banks; extend exemption ......................................................................................HB 1110 CHATHAM COUNTY Chatham County; county surveyor; provisions ......................................................HB 818 CHEROKEE COUNTY Cherokee County; ad valorem tax; provide homestead exemption......................HB 1269 Public Property; conveyance; 10 counties............................................................ SR 1012 CHILD ABUSE (ALSO SEE MINORS AND DOMESTIC RELATIONS) Child Abuse; county multiage child fatality review committee; change certain provisions..................................................................................................HB 1051 Children and Family Service Strengthening Act of 2008; enact..........................HB 1054 CHILD CUSTODY (ALSO SEE MINORS AND DOMESTIC RELATIONS) Care of a Grandchild Act; provide subsidy to certain grandparents raising grandchildren under certain circumstances .............................................................. SB 88 Child Custody; residing with/marrying a person on state sexual offender registry; constitute a change of material condition/circumstance .......................... SB 550 Juvenile Justice, Department; provide for the cost of care/support of children in temporary custody of the department................................................... SB 365 CHILDREN AND YOUTH ACT; CARE AND PROTECTION PROGRAMS Children's Transition Care Centers; definitions; revise and add new ....................HB 984 Deprived Juveniles; consideration of in-state/out-of-state placements for children; permanency plan hearings; procedural safeguards.................................. SB 293 Georgia Health Marketplace Act; provide access to health care products for Georgia consumers; provide for definitions; membership; powers.................. SB 404 Human Resources, Department of; owners of personal care homes; national criminal history background data; definitions ........................................... SB 51 5294 INDEX Insurance; prohibit prior authorization for a prescription drug which manufacturer provides to community pharmacy; definitions................................. SB 338 PeachCare; threshold income amount for eligibility; revise ..................................HB 340 Revised PeachCare for Kids Act; change the short title......................................... SB 285 CIGAR AND CIGARETTE TAXES Anti-cigarette Smuggling Act; digital based cigarette stamp processes ................ SB 472 Anti-cigarette Smuggling Act; enact ....................................................................HB 1227 Georgia Fire Safety Standard and Firefighter Protection Act; definitions; provide for standards for testing cigarettes; written certification........................... SB 418 CITY COURTS Court-Connected Alternative Dispute Resolution; add municipal courts; charge additional filing fees for civil actions ........................................................... SB 18 CIVIL ACTIONS Transparency in Lawsuits Protection Act; ensure legislative enactments do not create a private right of action unless stated in legislation.......................... SB 487 CIVIL PRACTICE Advertisement of Legal Notices; on/after January 1, 2009; joint legal organ internet website; provide for requirements; posting; notices ....................... SB 540 Civil Practice; provide for service upon persons residing in gated/secured communities; state-wide registration of permanent process servers ........................ SB 41 Evidence; inspections; provisions ........................................................................HB 1020 Habeas Corpus; person under sentence of state court of record; petitions challenging first time state court proceedings; change certain provisions .............HB 578 Offenses; seizure of motor vehicles by person to facilitate sexual offenses .......... SB 219 Transparency in Lawsuits Protection Act; ensure legislative enactments do not create a private right of action unless stated in legislation.......................... SB 487 CLARKE COUNTY Athens-Clarke County Unified Government; municipal court; provisions..........HB 1449 CLARKESVILLE, CITY OF Clarkesville, City of; change corporate limits ........................................................ SB 152 CLARKSTON Clarkston, City of; celebrate .................................................................................. SR 726 Clarkston, City of; Redevelopment Powers Law; authorize ................................HB 1488 CLAYTON COUNTY Clayton County School System; code of ethics; provide .....................................HB 1302 INDEX 5295 Clayton County; magistrate court; provide annual salary increases of the chief magistrate.......................................................................................................HB 703 Clayton County; sheriff; compensation; change provisions...................................HB 704 CLAYTON, CITY OF Clayton, City of; provide for special/emergency meeting of mayor and council; certain officers; appointment, term; compensation; duties....................... SB 543 CLERK OF THE HOUSE, ROBERT E. RIVERS, JR. Communication to Governor; Re: HB 989........................................................ Page 2320 Communication to Governor; Re: SB 352 ........................................................ Page 2391 Communication to Secretary of State; Re: HB 529............................................. Page 132 CLINCH COUNTY Clinch County State Court; abolish ......................................................................HB 1374 COBB COUNTY Cobb County Board of Education; members; method of filling vacancies..................................................................................................................... SB 7 Cobb County Board of Education; members; provide nonpartisan elections ...................................................................................................................... SB 6 Cobb County Probate Court; certain employees; change compensation..............HB 1048 Cobb County Probate Court; judge and clerk; change compensation..................HB 1089 Cobb County Probate Court; superior court deputy clerk; change compensation ........................................................................................................HB 1109 Cobb County State Court; clerk and chief deputy clerk; change compensation ........................................................................................................HB 1308 Cobb County State Court; judges; change compensation ......................................HB 820 Cobb County State Court; judges; change compensation ....................................HB 1250 Cobb County State Court; solicitor-general and assistant solicitors; change compensation..............................................................................................HB 821 Cobb County; Board of Commissioners; compensation; change provisions..............................................................................................................HB 1347 Cobb County; office of tax commissioner; certain employees; change compensation ........................................................................................................HB 1047 Cobb County; solicitor-general; change compensation........................................HB 1003 Cobb County-Marietta Water Authority; issuance of negotiable bonds; provide increase in debt limit ...............................................................................HB 1330 Cobb Judicial Circuit; judges; provide supplement..............................................HB 1053 Mason Varner Memorial Highway; Paulding/Cobb County; dedicate ................ SR 1071 COCHRAN, CITY OF Cochran Municipal Airport Authority Act; enact ................................................HB 1440 5296 INDEX CODE OF GEORGIA; GENERAL PROVISIONS O.C.G.A.; correct errors/omissions ........................................................................ SB 455 School Bus Safety Week; declare...........................................................................HB 790 COLLEGE PARK College Park Business and Industrial Development Authority; membership; change qualifications ......................................................................HB 1459 COMMEMORATIVE RESOLUTIONS AND DESIGNATIONS (ALSO SEE HIGHWAYS) Billy Lancaster Memorial Highway; dedicate........................................................HR 423 Bohler, Dr. Charles Emory; designate portions of SR 26 ......................................HR 146 Edward Sidney "Dick" Chambers Memorial Highway; dedicate ..........................HR 321 Erk Russell Highway; designate portions of SR 26 ...............................................HR 147 Hospitality Highway; dedicate GA 400..................................................................HR 195 Ralph Lively Memorial Highway; dedicate ...........................................................HR 531 Robert S. "Bob" Boney State Prison; dedicate .....................................................HR 1427 State Highway System; certain portions; dedicate .................................................HR 468 State Highway System; certain portions; dedicate ...............................................HR 1023 Walter E. "Eddie" Elder Interchange; Barrow County; dedicate .............................HR 14 COMMERCE AND TRADE Assignments, Committee on; powers, duties; change provisions; transfer of power .................................................................................................................... SB 76 Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date.......................................... SB 344 Foreclosure Rescue Fraud Prevention Act; enact; mortgages, conveyances to secure debt, liens ........................................................................... SB 527 Georgia Credit Protection Act; provide definitions; credit reports; provide method of placing and removing security freeze.................................................... SB 361 Georgia Lemon Law; enact ....................................................................................HB 470 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 Identity Fraud; provide Georgia Bureau of Investigation authority to investigate certain offenses; subpoena power ........................................................ SB 388 Identity Theft; security freezes; definitions; provisions .........................................HB 130 Income Tax Credit; qualified investment; Seed-Capital Fund; provisions ..........HB 1196 Livestock; remove ratites/reclassify as poultry for certain purposes; definitions; brand or tattoo registration certificates; provisions............................. SB 364 Local Government Franchising Authority; comprehensive revision of provision; power of eminent domain by telegraph/telephone; provisions ............. SB 379 Made in Georgia; create program; promoting goods/product manufactured and grown in Georgia; provide for rules/regulations ...................... SB 343 INDEX 5297 O.C.G.A.; correct errors/omissions ........................................................................ SB 455 Pawnbrokers; provide for different treatment of title pawn transactions; change definitions; reductions in interest/fees; notice............................................ SB 545 Petroleum Products; internet website for gasoline prices....................................... SB 207 Probate Courts; update/change provisions ............................................................. SB 508 Recreational Vehicle Dealers; franchise agreements; change certain provisions................................................................................................................HB 297 Tobacco Prevention Master Settlement Agreement Oversight Committee; create.......................................................................................................................HB 887 COMMERCE, CITY OF Commerce, City of; school district ad valorem tax; certain residents; provide homestead exemption ..............................................................................HB 1334 COMMERCIAL CODE Insurance Companies; software as admitted asset when determining financial condition .................................................................................................. SB 347 Livestock; remove ratites/reclassify as poultry for certain purposes; definitions; brand or tattoo registration certificates; provisions............................. SB 364 Property; mortgages, conveyance to secure debt, liens; disbursement of certain settlement funds after closing; general provisions ..................................... SB 355 COMMISSIONS AND OTHER AGENCIES Agricultural Commodity Commission for Blueberries; provide............................HB 649 Alzheimer's Awareness Day; designate; establish the State Alzheimer's Disease Commission; membership; duties; annual report...................................... SB 546 Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date.......................................... SB 344 Citizens' Redistricting Commission; create; apportionment of General Assembly ................................................................................................................ SR 344 Commission for the Blind and the Visually Impaired Act; create ......................... SB 331 Georgia Charter Schools Commission; establish ...................................................HB 881 Georgia Council for the Arts; Georgia Arts Alliance; create .................................HB 291 Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission; create ..............................................................................................HR 1206 Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission; create; appointment .......................................................................... SR 822 Golf Hall of Fame Authority; provide for rights of first refusal to repurchase certain property acquired for purposes of Georgia Golf Hall of Fame ....................................................................................................................... SB 431 Hospital Health Care Standards Commission; create............................................... SR 22 Joint Commercial Sexual Exploitation of Minors Study Commission; create....................................................................................................................... SR 445 5298 INDEX Joint Human Services Transportation Study Commission; create ......................... SR 154 Mental Health; office of disability services ombudsman; create ...........................HB 535 War of 1812 Bicentennial Commission Act; enact ................................................HB 953 COMMITTEES Alcohol Regulation Senate Study Committee; create .............................................. SR 71 Augusta, Georgia, Environmental Issues; create joint study committee................ SR 133 Brain Injury Related Neurobehavioral Issues; create Senate Study Committee............................................................................................................... SR 788 Council on Aging; assign additional duties; produce a report; appointment of advisory committees...................................................................... SB 341 Creation of a Georgia MethCheck Data Base; create Senate Study Committee; appointment ...................................................................................... SR 1093 Daylight Saving Time; create Senate Study Committee ...................................... SR 1113 Fleeing and Law Enforcement Pursuits; create Senate Study Committee ........... SR 1147 Future of Manufacturing in Georgia; create Senate Study Committee; appointment .......................................................................................................... SR 1097 Georgia Capital Punishment Study Committee; create .......................................... SR 364 Georgia Coordinating Council for Rural and Human Services Transportation; establish; provide for membership, meetings, expenses............... SB 402 Georgia Lottery Corporation Board of Directors; provide for certain duties........................................................................................................... SB 337 Grady Oversight Committee; create; Fulton-DeKalb Hospital Authority, Grady Health System, and Henry W. Grady Memorial Hospital; review.............. SR 722 Health Care Transformation; create joint study committee ................................... SR 355 Health Care Transformation; create Senate Study Committee............................... SR 767 Joint Atlantic Coastal Beach Preservation and Maintenance Study Committee; create................................................................................................... SR 327 Joint Department of Natural Resources Law Enforcement Study Committee; create................................................................................................... SR 820 Joint Nonpoint Source Pollution Control Study Committee; create ...................... SR 283 Joint Nuclear Plant Vogtle Environmental Justice Issues Study Committee; create................................................................................................... SR 598 Joint State-wide Water Planning Oversight Committee; members; powers; duties; provide........................................................................................... SB 351 Joint Study Committee on Teacher Training and Certification; create................HR 1103 Senate Accessibility Study Committee; create..................................................... SR 1244 Senate Alzheimer's Disease and Other Dementias Study Committee; create..................................................................................................................... SR 1188 Senate Biodiesel Fuel Study Committee; create................................................... SR 1201 Senate Children's Mental Health in Georgia Study Committee; create ............... SR 1187 Senate Comprehensive Firearms Law Study Committee; create ........................... SR 819 Senate Comprehensive Lien Law Study Committee; create .................................. SR 636 INDEX 5299 Senate Education Funding Mechanisms Review Study Committee; create......... SR 1213 Senate Exemptions for Purposes of Bankruptcy Study Committee; create ......... SR 1289 Senate Local Sales Tax Collection Study Committee; Local Sales Tax Collection Advisory Committee; create ............................................................... SR 1167 Senate Prior Approval and Prescription Drugs Study Committee; create............ SR 1285 Senate Public and Legal Notices Study Committee; create ................................ SR 1166 Senate Railroad Safety and Security Study Committee; create.............................. SR 428 Senate Roadside Enhancement and Beautification Study Committee; create..................................................................................................................... SR 1281 Senate Sexual Exploitation of Minors Study Committee; create ......................... SR 1020 Senate Study Committee on Community Base Giving Tax Credits; create......... SR 1247 Senate Study Committee on the Organization of Mental Health, Developmental Disabilities, and Addictive Diseases Services; create................. SR 1288 Senate University System of Georgia Admission Practices and Policies Study Committee; create....................................................................................... SR 1280 Senate Victim's Rights Study Committee; create................................................. SR 1254 State Health Benefit Advisory Committee; create ................................................. SB 167 Tobacco Prevention Master Settlement Agreement Oversight Committee; create.......................................................................................................................HB 887 Standing Committee Assignments: JACKSON; standing committee assignments ....................................................... Page 41 MURPHY; Chairman of PS and HS...................................................................... Page 41 PEARSON; appointed Vice-Chairman of Transportation..................................... Page 42 Session Ex-Officio Appointments: DOUGLAS; appointed Ex-Officio to Public Safety ............................................. Page 43 JACKSON; appointed Ex-Officio to Education and Youth ................................ Page 349 JACKSON; appointed Ex-Officio to VM and HS................................................. Page 44 MURPHY; appointed Ex-Officio to Public Safety ............................................... Page 42 MURPHY; appointed Ex-Officio to VM and HS ................................................. Page 44 ROGERS; appointed Ex-Officio to Music Hall of Fame Overview Committee.............................................................................................................. Page 42 SCHAEFER; appointed Ex-Officio to Science and Technology .......................... Page 42 THOMAS, D.; appointed Ex-Officio to Government Oversight........................... Page 43 WILLIAMS; appointed Ex-Officio to Education and Youth .............................. Page 349 WILLIAMS; appointed Ex-Officio to State Institutions and Property.................. Page 41 Meeting Ex-Officio Appointments: GRANT; appointed Ex-Officio to Special Judiciary......................................... Page 2344 HILL, JUDSON; appointed Ex-Officio to Insurance and Labor....................... Page 2325 SHAFER; appointed Ex-Officio to Government Oversight for SB 353, SR 722 ....................................................................................................................... Page 125 WEBER; appointed Ex-Officio to Finance for HB 831 .................................... Page 1727 5300 INDEX COMMUNITY AFFAIRS, DEPARTMENT OF Alcoholic Beverages; regional economic assistance projects; provide state licensing........................................................................................................HB 1280 Commissioner, Revenue; powers/duties; sales/use taxes; collection of certain data................................................................................................................ SB 92 State Government; change regional development centers to regional commissions; provisions.......................................................................................HB 1216 COMMUNITY HEALTH, DEPARTMENT OF Certificate of Need Program; provide for extensive revision; definitions; declaration of policy for state health planning; Health Strategies Council ............ SB 433 Community Health, Department of; powers, duties and functions; change certain provisions...................................................................................................... SB 78 Community Health, Department of; prescription drugs; certain Georgia companies; expedite review....................................................................................HB 180 Pharmacists/Pharmacies; submit certain performance and cost data to Department of Community Health ......................................................................... SB 150 CONSERVATION AND NATURAL RESOURCES Augusta, Georgia, Environmental Issues; create joint study committee................ SR 133 Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date.......................................... SB 344 Certain Comprehensive State-wide Water Management Plan; ratify...................HR 1022 Coastal Marshlands Protection Act; applicability; change certain provisions..................................................................................................................HB 68 Commissioner of Natural Resources; blue crabs; manage certain aspects; provide ..................................................................................................................HB 1016 Environmental Advisory Council; applications for certain variances; change certain provisions ....................................................................................... SB 187 Environmental Protection Division Director; swimming pools; limit what restriction may be placed under certain circumstances .......................................... SB 368 Firearms; valid licenses; authorized to possess/carry in state parks, historic sites; hunting; general provisions .............................................................. SB 339 Forest Land Conservation Use Property; special assessment and taxation; provide ..................................................................................................................HR 1276 Forestry/Fire; enforcement of laws; punishment of certain violations; forestry investigators; provide for qualifications/powers....................................... SB 400 Georgia Coastal Management Act; automatic repeal; change certain provisions................................................................................................................ SB 367 Georgia Forest Land Protection Act of 2008; enact .............................................HB 1211 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 INDEX 5301 Golf Hall of Fame Authority; provide for rights of first refusal to repurchase certain property acquired for purposes of Georgia Golf Hall of Fame ....................................................................................................................... SB 431 Government; legislative override; change certain exemptions .............................. SB 352 Income Tax Credit; certified rehabilitation of historic structures; increase amount ....................................................................................................................HB 851 Income Tax Credit; real property donations; change certain provisions..............HB 1274 Jekyll Island-State Park Authority; define certain terms........................................ SB 428 Jekyll Island-State Park Authority; require certain restrictions in leases or deeds for certain property ....................................................................................... SB 427 Joint Department of Natural Resources Law Enforcement Study Committee; create................................................................................................... SR 820 Joint State-wide Water Planning Oversight Committee; members; powers; duties; provide........................................................................................... SB 351 Juvenile Proceedings; redefine a term; provide public school disciplinary actions against students; terroristic threats against public school .......................... SB 521 Land Conservation Projects; certain provisions; redesignate and extensively revise..................................................................................................HB 1176 Martin Luther King, Jr., National Memorial Project Foundation; use Georgia granite; urge ............................................................................................HR 1115 Natural Resource Law Enforcement Officer; establish office; provide for the appointment; coverage for general liability/fidelity bonds; provisions............ SB 377 Property; provide for definition of single-family residential real estate; exemption to certain liens......................................................................................... SB 63 Property; single family residential real estate; contract to perform work; provide requirements ................................................................................................ SB 65 River Basin Protection Act; regulate interbasin transfer of water; instream flow policy .................................................................................................... SB 69 Sales/Use Tax; nature center or performing arts amphitheater facility; provide exemption ..................................................................................................HB 413 Sales/Use Tax; water pollution eliminating machinery exemptions; change certain provisions .......................................................................................HB 237 Soil and Water Conservation Districts; selection of supervisors; express objection of Senate to any changes from current status ......................................... SR 439 Soil Erosion/Sedimentation; Department of Transportation/its contractors; exempt from civil penalties levied for violations ............................... SB 420 Solid Waste Management; land disposal sites; permits from Department of Natural Resources; change certain provisions .................................................. SB 221 State-Owned Lands; prohibit construction of new private residential housing; prevent impairment of obligation of contracts......................................... SB 426 State-Wide Water Management Plan; to ratify; provide force and effect; provide for construction.......................................................................................... SR 701 5302 INDEX Technical/Adult Education, Department of; change name to Technical College System of Georgia..................................................................................... SB 435 Tire Disposal Restrictions; fees imposed upon retail sale of new replacement tires collected; extend the period ....................................................... SB 399 Waste Management; municipal solid waste disposal facility sites near adjoining counties; repeal certain provisions ......................................................... SB 197 Waste Management; protection for certain governmentally owned public drinking water supply intakes................................................................................. SB 198 Water Conservation and Drought Relief Act; issuance of permits; certifications; construction of new public water supply reservoirs ........................ SB 342 Water Resources; exempt permanent facility car washes from outdoor watering restrictions under certain conditions........................................................ SB 466 Water Resources; local governments; restrictions; outdoor water use; provisions..............................................................................................................HB 1281 Water Resources; water supply; extensively revise certain provisions................HB 1226 CONSPIRACY AND SOLICITATION; CRIMINAL CODE Counties; municipal corporations; prohibit sanctuary policies by local government entities................................................................................................. SB 340 CONSTITUTIONAL AMENDMENTS Ad Valorem Tax Reform; freeze valuation of real property except certain adjustments; procedures, conditions, limitations for cert. increases ...................... SR 796 Ad Valorem Tax; exemptions which may be authorized locally ........................... SR 515 Ad Valorem Tax; freezing values of existing residential real property; provide conditions/limitations ................................................................................ SR 686 Ad Valorem Tax; local replacement option; provide for procedures, conditions, and limitation ....................................................................................... SR 687 Ad Valorem Tax; prohibit county from levying within a municipality as special services districts.......................................................................................... SR 248 Ad Valorem Tax; repeal the levy of state ad valorem taxes except in the case of an emergency.............................................................................................. SR 859 Citizens' Redistricting Commission; create; apportionment of General Assembly ................................................................................................................ SR 344 Counties/Municipalities; local boards of education; authorize to use tax funds for redevelopment purposes/programs ......................................................... SR 996 County Governments; transportation improvement sales and use tax ................... SR 845 Court of Appeals/Supreme Court; election; term of office .................................... SR 370 Courts; limitation on jurisdiction; appropriations by the General Assembly................................................................................................... SR 721 Education Improvement Districts; provide by local law the creation/comprehensive regulation....................................................................... SR 1024 Electoral Process; right to register and vote; procedures ........................................... SR 4 INDEX 5303 Forest Land Conservation Use Property; special assessment and taxation; provide ..................................................................................................................HR 1276 General Appropriations Act; statements of legislative intent; provide ................HR 1025 Georgia One Tax; prohibit subsequent imposition of state ad valorem taxes/state income taxes; comprehensive consumption tax.................................... SR 282 Lottery Funds; reserved only for the HOPE Scholarship Program ........................ SR 125 Motor Fuel Taxes; funds appropriated; adequate system of public roads/bridges; transportation purposes ................................................................... SR 341 Motor Fuel Taxes; provide for the authority of General Assembly to approve, reject, modify any proposed expenditure of revenue .............................. SR 786 Motor Fuel, Sale/Use Tax; funds derived shall be allocated; providing/maintaining adequate system of public-use airports/railroads............... SR 863 Noninterference in Medical Decisions; right of individual shall not be infringed................................................................................................................ SR 1006 Offenses; parking in parking spaces reserved for persons with disabilities; authorize General Assembly to provide additional penalties ............................... SR 1074 Open Meetings/Records; any governmental body; performing public purpose shall be open to the public ........................................................................ SR 970 Peace Officers; appropriate funds necessary to provide for retirement credit for retired members; prior to January 1, 1976.............................................. SR 228 PeachCare for Kids; provide for imposition of a state/use tax at rate of 1 percent; health care coverage for all Georgia children........................................... SR 361 Public Funding; faith based organizations; prevent discrimination ....................... SR 345 Public Funding; separate charitable affiliates of religious/sectarian organizations; provide for conditions/requirements ............................................... SR 375 Senate; provide four-year terms of office for members ......................................... SR 279 Tax Credits for Community Service Contributions................................................ SR 400 Taxation; limitations on grants of tax powers ............................................................ SR 7 Taxation; limitations on grants of tax powers .......................................................... SR 21 Taxation; provide limitations on state government tax and expenditures; definitions ................................................................................................................. SR 20 Taxpayer Dividend Amendment of 2008; income tax relief in the event of budget surplus; definitions; provide for excess revenues....................................... SR 965 Taxpayers' Dividend Act; restrict amendments that increase appropriations made by General Appropriations Act................................................. SR 5 The Property Tax Reform Amendment; enact .....................................................HR 1246 Townships; power of zoning/regulation of land use development; funding ............................................................................................. SR 130 CONTRACTORS (CONSTRUCTION) Sales/Use Tax; government contractors; overhead materials; extend sunset exemption ..................................................................................................HB 1023 5304 INDEX CONTRACTS Financial Institutions; provide for guaranteed asset protection waivers; scope; purposes; definitions; requirements for offering......................................... SB 541 Guaranteed Energy Cost Savings Act; to authorize governmental units to enter into guaranteed energy cost savings contracts............................................... SB 180 CONTROLLED SUBSTANCES Controlled Substances; active chemical ingredient in hallucinogenic plant Salvia divinorum A; unlawful to knowingly produce and manufacture ................ SB 295 Controlled Substances; add the state as entity authorized to govern certain criminal activity; designated areas for recreational purposes................................. SB 453 Controlled Substances; ban sale of marijuana/hemp flavored candy; provide for penalties ............................................................................................... SB 258 Controlled Substances; sale of marijuana flavored products to minors; ban...........................................................................................................................HB 280 Controlled Substances; Schedule I, II, III and IV; change certain provisions..............................................................................................................HB 1090 DUI; mandatory sentences; increase ......................................................................HB 336 Georgia Prescription Monitoring Program Act; enact............................................HB 455 Labor, Department of; program of mandatory drug testing of applicants for unemployment benefits; review; define certain terms ...................................... SB 268 COOK COUNTY Cook County; board of elections; create ..............................................................HB 1361 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Business Corporations; change provisions relating to corporate code; provide for certain filing fees for late filing of annual registration........................ SB 436 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 Insurance Contracts; corporations; employees covered; change minimum number ..................................................................................................................HB 1221 COSMETOLOGISTS Cosmetologists; definitions; wax technicians; provisions......................................HB 494 Technical/Adult Education, Department of; change name to Technical College System of Georgia..................................................................................... SB 435 COUNTIES Counties/Municipal Corporations; shall not charge a business license fee or administrative fee to certain disabled veterans .................................................. SB 447 Counties/Municipal Corporations; unlawful to issue any backdated license, permit; provide for criminal penalty.......................................................... SB 477 INDEX 5305 Counties; municipal corporations; prohibit sanctuary policies by local government entities................................................................................................. SB 340 County/Municipal Corporations; authorizing documents; provisions ...................HB 975 Land Conservation Projects; certain provisions; redesignate and extensively revise..................................................................................................HB 1176 Local Government; certain contracts shall be honored by municipalities; definitions; place certain requirements on solid waste collection firms................. SB 154 Local Government; subrecipients/units; liability; clarify certain provisions................................................................................................................ SB 281 Municipal and County Recreation Systems; minimum and maximum tax; provisions..............................................................................................................HB 1024 Municipal; deannexation; repeal certain provisions............................................... SB 110 Sales/Use Tax; nature center or performing arts amphitheater facility; provide exemption ..................................................................................................HB 413 State of Georgia Property; certain counties; nonexclusive easements; authorize ..............................................................................................................HR 1425 COUNTY AND DISTRICT DEPARTMENTS, BOARDS, AND DIRECTORS OF FAMILY AND CHILDREN SERVICES Family and Children Services; county directors; appointment; change certain provisions....................................................................................................HB 715 COUNTY BOARDS OF HEALTH State Minimum Standard Codes/Enforcement; adoption/continuation; change certain provisions; gray water recycling system; enforcement .................. SB 463 COURT REPORTERS Administrative Services Department; remove/transfer functions; Council of Superior Court Judges of Ga., Prosecuting Attorneys' Council......................... SB 396 COURT-CONNECTED ALTERNATIVE DISPUTE RESOLUTION Court-Connected Alternative Dispute Resolution; add municipal courts; charge additional filing fees for civil actions ........................................................... SB 18 COURTS Administrative Services Department.; remove/transfer functions; Council of Superior Court Judges of Georgia, Prosecuting Attorneys' Council.................. SB 396 Alcovy, Atlanta and Brunswick Judicial Circuits; provide additional judge .....................................................................................................................HB 1163 Assignments, Committee on; powers, duties; change provisions; transfer of power .................................................................................................................... SB 76 Brain and Spinal Injury Trust Fund; expand provision under Constitution of Georgia to authorize additional penalty assessments for additional violations................................................................................................................. SB 547 5306 INDEX Children and Family Service Strengthening Act of 2008; enact..........................HB 1054 Circuit Public Defenders; may hire additional personnel; authorized by local law.................................................................................................................. SB 142 Court Bailiffs; maximum per diem; eliminate......................................................HB 1086 Court of Appeals/Supreme Court; election; term of office .................................... SR 370 Court Reports; remove requirement of publishing a volume of rules from the definition of reports .......................................................................................... SB 232 Court-Connected Alternative Dispute Resolution; add municipal courts; charge additional filing fees for civil actions ........................................................... SB 18 Courts; limitation on jurisdiction; appropriations by the General Assembly................................................................................................... SR 721 Courts; requesting judicial assistance from other courts; change certain provisions................................................................................................................ SB 318 Criminal Cases; state's right to appeal; change provisions...................................HB 1314 Death Penalty; jury findings; aggravating circumstance; change provisions................................................................................................................HB 185 Deprived Juveniles; consideration of in-state/out-of-state placements for children; permanency plan hearings; procedural safeguards.................................. SB 293 Driver Education Purposes; traffic law violations; additional penalty; extend expiration date...........................................................................................HB 1037 Driver's Licenses; abolish Georgia Driver's Education Commission; transfer purposes/duties to State Board of Education; ........................................... SB 315 Employees' Retirement System; court administrators; creditable service; provisions................................................................................................................HB 873 Fines and Forfeitures; county treasuries; provide for payment of certain moneys arising from traffic fines; motorcycle enforcement program.................... SB 356 General Assembly; budgetary functions; reflect changes ......................................HB 529 Georgia Judicial Retirement System; creditable service; superior court judges and district attorneys; provisions ................................................................HB 545 Grand Juries; certain individuals not qualified to serve as grand jurors ................ SB 216 Habeas Corpus; person under sentence of state court of record; petitions challenging first time state court proceedings; change certain provisions .............HB 578 Indigent Defense; revise matters; senior judges; change certain provisions........HB 1245 Judges; compensation/grants for judicial salaries; change certain provisions................................................................................................................ SB 223 Judicial Accounting; add a penalty, late fees, and interest for failure to remit certain funds/reports to authority .................................................................. SB 266 Jury Duty; primary caregiver of certain persons; provide exemption ...................HB 188 Juvenile Courts; deprived child; permanent guardian; grant jurisdiction ............HB 1040 Juvenile Justice, Department; provide for the cost of care/support of children in temporary custody of the department................................................... SB 365 Juvenile Justice; Department of; provide for Office of Runaway Children Assistance; duties/structure .................................................................................... SB 270 INDEX 5307 Juvenile Proceedings; Department of Human Resources emergency care/supervision to a child without a court order; reduce allowed time................. SB 415 Juvenile Proceedings; prohibit universal mental health testing/psychiatric screening of juveniles; definitions.......................................................................... SB 277 Juvenile Proceedings; redefine a term; provide public school disciplinary actions against students; terroristic threats against public school .......................... SB 521 Liens; revise certain time periods of filing materialmen's/mechanics liens; provide for certain notices regarding waiver of liens or claim upon bond............. SB 374 Magistrate Court; certain judgments; clarify appeal procedure .............................HB 958 O.C.G.A.; correct errors/omissions ........................................................................ SB 455 Personnel/Merit System; define classified/unclassified service; employees; change certain provisions .................................................................... SB 265 Probate Courts; update/change provisions ............................................................. SB 508 Proceedings; juvenile deprivation hearings shall not be closed; except upon written application of parents ........................................................................ SB 278 Prosecuting Attorneys; provide for pretrial intervention/diversion programs ................................................................................................................. SB 511 Sexual Assault Protocol; afford greater protection to victims; change provisions..............................................................................................................HB 1297 Sheriffs' Duties; security plans; change frequency...................................................HB 51 State Personnel Board/Merit System; define classified/unclassified service ..................................................................................................................... SB 230 Superior Court Fees; recording an instrument; cross-indexing; provide additional filing fees .............................................................................................HB 1018 Superior Courts; specify costs not be considered contingent expenses ................... SB 67 Superior/State Court Judges; performing ordered military duty; eligible for reelection; qualify by mail, messenger or agent on duty .................................... SB 11 COURTS, ADMINISTRATIVE OFFICE OF THE Administrative Services Dept.; remove/transfer functions; Council of Superior Court Judges of Georgia, Prosecuting Attorneys' Council ...................... SB 396 Courts; requesting judicial assistance from other courts; change certain provisions................................................................................................................ SB 318 CRIMES AND OFFENSES (CRIMINAL CODE) Abortion; medical equipment for facilities; procedures ........................................... SB 66 Administrative Services Department; remove/transfer functions; Council of Superior Court Judges of Georgia, Prosecuting Attorneys' Council.................. SB 396 Armed Forces of U.S.; members; prohibit certain uses of names/pictures; provide penalties....................................................................................................... SB 30 Bingo; define certain terms; provide certain nonprofit organizations may sell certain pull tab games of chance ...................................................................... SB 440 5308 INDEX Business Security and Employee Privacy Act; enact ...............................................HB 89 Computer Security; persons provide identifying information by falsely representing themselves to be a business; definitions; penalties.............................. SB 24 Controlled Substances; active chemical ingredient in hallucinogenic plant Salvia divinorum A; unlawful to knowingly produce and manufacture ................ SB 295 Controlled Substances; add the state as entity authorized to govern certain criminal activity; designated areas for recreational purposes................................. SB 453 Controlled Substances; ban sale of marijuana/hemp flavored candy; provide for penalties ............................................................................................... SB 258 Controlled Substances; Schedule I, II, III and IV; change certain provisions..............................................................................................................HB 1090 Counties; municipal corporations; prohibit sanctuary policies by local government entities................................................................................................. SB 340 Crime and Sentencing; persons convicted of murder; imposition of life without parole ......................................................................................................... SB 145 Crimes Against Persons; increase the penalty for aggravated stalking.................. SB 450 Crimes Against Persons; stalking; clarify venue for prosecution; reorganize certain provisions; provide definitions ................................................. SB 536 Crimes; person convicted of murder against peace officer, corrections employee, or firefighter; official duties; change punishment................................... SB 21 Dog fighting; prohibit; punishments; amend provisions ........................................HB 301 Dogs; provide for misdemeanor for removing certain collars; restitution; provide for exemptions ............................................................................................. SB 16 Driver's Licenses; abolish Georgia Driver's Education Commission; transfer purposes/duties to State Board of Education; ........................................... SB 315 Elementary and Secondary Education; preliminary investigations of violations; revise certain provisions .......................................................................HB 250 Evidence; tampering; remove requirement that such offense involve another person......................................................................................................... SB 238 False Identification Documents; change penalties based upon the age of the convicted person/nature of crime...................................................................... SB 421 Firearms Dealers; transfer authority for regulation to state revenue commissioner.......................................................................................................... SB 252 Firearms; prohibit certain employers from prohibiting employees from lawfully carrying in locked motor vehicles .............................................................. SB 43 Firearms; public gatherings; allow constables to carry weapons ...........................HB 257 Firearms; valid licenses; authorized to possess/carry in state parks, historic sites; hunting; general provisions .............................................................. SB 339 Forestry/Fire; enforcement of laws; punishment of certain violations; forestry investigators; provide for qualifications/powers....................................... SB 400 Georgia Prescription Monitoring Program Act; enact............................................HB 455 Georgia Revised Uniform Anatomical Gift Act; enactment; definitions; provide for anatomical gift ..................................................................................... SB 405 INDEX 5309 Human Resources, Department. of; owners of personal care homes; national criminal history background data; definitions ........................................... SB 51 Identity Fraud; provide Georgia Bureau of Investigation authority to investigate certain offenses; subpoena power ........................................................ SB 388 Income Tax; exempt organizations; change provisions .......................................HB 1151 Inmates; telecommunications devices; prohibit receiving/possessing; provide definition.................................................................................................... SB 366 Joint Commercial Sexual Exploitation of Minors Study Commission; create....................................................................................................................... SR 445 Juvenile Proceedings; redefine a term; provide public school disciplinary actions against students; terroristic threats against public school .......................... SB 521 Labor, Department of; program of mandatory drug testing of applicants for unemployment benefits; review; define certain terms ...................................... SB 268 Livestock; remove ratites/reclassify as poultry for certain purposes; definitions; brand or tattoo registration certificates; provisions............................. SB 364 Motor Vehicles; change nomenclature from "air bag" to "life bag" and "safety belt" to "life belt"........................................................................................ SB 412 Natural Resource Law Enforcement Officer; establish office; provide for the appointment; coverage for general liability/fidelity bonds; provisions............ SB 377 Obscenity Crimes; distribution of obscene materials; insert new provisions................................................................................................................HB 226 Offenses; incest; provide for gender neutrality ........................................................ SB 54 Offenses; increase penalties for reproducing, transferring, selling, distributing certain recorded material; forfeiture of certain terms ......................... SB 406 Offenses; seizure of motor vehicles by person to facilitate sexual offenses .......... SB 219 Offenses; sexual exploitation of children; provide for controlled access to such evidence in public inspections of evidence .................................................... SB 481 Public Administration, Offenses Against; false statements/writings; within the jurisdiction of the state/political subdivisions; change certain provision ................................................................................................................. SB 442 Sexual Offender Registration Review Board; register with sheriff of any county where offender resides ................................................................................ SB 249 Sexual Offenders; residency and employment restrictions; repeal certain provisions................................................................................................................HB 908 Sexual Offenders; residency/employment restrictions; repeal certain provisions; photographing a minor; provide for restrictions...................................... SB 1 Sexual Offenses; carnal knowledge with disabled person incapable of granting consent; unlawful; provide penalties.......................................................... SB 20 Social Networking Website; illegal for owner to allow minor to create/maintain profile; provide for penalties........................................................... SB 59 Tasers; knowingly remove or attempt to remove from certain persons; make unlawful ......................................................................................................HB 1071 Tattoo; misdemeanor; eye socket; repeal .................................................................HB 92 5310 INDEX Theft; retail property fencing; create offense .......................................................HB 1346 CRIMINAL PROCEDURE Assignments, Committee on; powers, duties; change provisions; transfer of power .................................................................................................................... SB 76 Bail; sexual offenses; certain additional conditions ............................................... SB 117 Circuit Public Defender; change composition of selection panels; removal; terms ........................................................................................................ SB 140 Circuit Public Defenders; may hire additional personnel; authorized by local law.................................................................................................................. SB 142 Crime and Sentencing; persons convicted of murder; imposition of life without parole ......................................................................................................... SB 145 Criminal Procedure; allow victim's family to provide statement during the sentencing procedures for person who committed the crime ................................. SB 432 Criminal Procedure; sentencing of defendants guilty of crimes involving bias/prejudice circumstances and parole; repeal certain provisions....................... SB 211 Criminal Procedure; victim/members of immediate family with rights; provide for certain procedures ................................................................................ SB 119 Criminal Procedures; allow a change of sentence under certain circumstances............................................................................................................ SB 37 Criminal Trial Proceedings; require parties to raise specific objections to jury charges prior to jury retiring to deliberate......................................................... SB 97 Death Penalty Cases; Supreme Court; pretrial proceedings; extend review period ....................................................................................................................HB 1293 Death Penalty; jury findings; aggravating circumstance; change provisions................................................................................................................HB 185 Death Penalty; provide moratorium on the administration of a death sentence................................................................................................................... SB 255 Ecstasy; certain trafficking; bailable only before superior court judge; require .....................................................................................................................HB 960 Evidence; inspections; provisions ........................................................................HB 1020 Evidence; tampering; remove requirement that such offense involve another person......................................................................................................... SB 238 General Assembly; budgetary functions; reflect changes ......................................HB 529 Georgia Public Defender Standards Council; change composition ....................... SB 141 Indigent Defense; revise matters; senior judges; change certain provisions........HB 1245 Judicial Circuits; alternative delivery systems; provide for funding...................... SB 143 Peace Officer; procedure for indictment for crimes in the performance of his/her duties; change provisions............................................................................ SB 448 Rules of the Road; commit the offense of felony hit and run; provide for offense of homicide by vehicle, vessel; change certain penalties .......................... SB 529 Sexual Assault Protocol; afford greater protection to victims; change provisions..............................................................................................................HB 1297 INDEX 5311 Superior Courts; specify costs not be considered contingent expenses ................... SB 67 Warrants; issuance of search warrants by judicial officers; change provisions................................................................................................................ SB 259 Weapons; crime or delinquent act; provisions .......................................................HB 333 CRIMINAL PROSECUTIONS; DEFENSES Income Tax; exempt organizations; change provisions .......................................HB 1151 Juvenile Proceedings; redefine a term; provide public school disciplinary actions against students; terroristic threats against public school .......................... SB 521 CRISP COUNTY Cordele-Crisp County Fish Fry; recognize............................................................. SR 829 D DABBS, BETH; recognize.................................................................................. Page 1550 DAHLONEGA, CITY OF Dahlonega, City of; ad valorem tax; certain residents; provide homestead exemption .............................................................................................................HB 1426 DANIELSVILLE, CITY OF Danielsville, City of; administrative and service departments; change provisions................................................................................................................ SB 552 DARIEN, CITY OF Darien, City of; ad valorem tax; municipal purposes; provide homestead exemption .............................................................................................................HB 1012 DAWSON COUNTY Dawson County Community Improvement District Acts of 2008; enact ............HB 1489 Dawson County; ad valorem tax; certain residents; provide homestead exemption .............................................................................................................HB 1445 Dawson County; board of elections and registration; place of meetings; change certain provisions .....................................................................................HB 1427 Dawson County; school district ad valorem tax; certain residents; provide homestead exemption ...........................................................................................HB 1446 DAY CARE Early Care and Learning Programs; day-care center; revise definition ...............HB 1169 5312 INDEX DEATH PENALTY Death Penalty Cases; Supreme Court; pretrial proceedings; extend review period ....................................................................................................................HB 1293 Death Penalty; jury findings; aggravating circumstance; change provisions................................................................................................................HB 185 DEBTOR AND CREDITOR Financial Institutions; provide for guaranteed asset protection waivers; scope; purposes; definitions; requirements for offering......................................... SB 541 DECATUR, CITY OF Decatur, City of; Redevelopment Powers Law; authorize .....................................HB 664 DEKALB COUNTY DeKalb County Community Improvement Districts Act of 2008; enact ...............HB 816 DeKalb County School District Ad Valorem Taxes; provide homestead exemption; educational purposes; specify terms/conditions .................................. SB 516 DeKalb County; authority of chief executive officer to preside over meetings of the county commission; change provisions .......................................... SB 52 DeKalb County; county commission; revisions ...................................................HB 1310 DeKalb County; office of tax commissioner; change certain provisions...............HB 869 Doraville, City of; change the corporate limits of the city ....................................... SB 32 Dunwoody, City of; incorporation, boundaries, and powers of the city .................. SB 82 DENTISTS AND DENTAL HYGIENISTS Dentists/Dental Hygienists; provide advanced dental education programs; revisions.................................................................................................................. SB 363 DEVELOPMENT AUTHORITIES LAW Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 DISEASES AND METABOLIC DISORDERS; HAZARDOUS CONDITIONS Newborn Screening Program; assessment; approved laboratories to perform screening testing; revise certain provisions .............................................. SB 289 DOCTORS OF THE DAY Anderson, Dr. Larry............................................................................................. Page 205 Anderson, Dr. Mick. .............................................................................................. Page 52 Barber, Dr. James............................................................................................... Page 1108 Belinfante, Dr. Karina.......................................................................................... Page 194 Brewer, Dr. Spencer............................................................................................. Page 282 INDEX 5313 Burk, Dr. Billy ..................................................................................................... Page 156 Chapman, Dr. Jack................................................................................................. Page 81 Cook, Dr. Mitch ................................................................................................... Page 474 Cooper, Dr. Tom.................................................................................................. Page 104 Fletcher, Dr. Wade............................................................................................... Page 345 Foulkes, Dr. Guy................................................................................................ Page 1193 Greene, Dr. Terry................................................................................................... Page 87 Grubbs, Dr. Earl................................................................................................... Page 143 Hagues, Dr. Michael ............................................................................................ Page 129 Haynes, Dr. Ralph.............................................................................................. Page 3552 Heller, Dr. John.................................................................................................. Page 1286 Higgins, Dr. Joel ................................................................................................ Page 1373 Hill, Dr. John ...........................................................................................Pages 1108,1463 Honeycutt, Dr. D. Ann Travis ............................................................................. Page 886 Mathavan, Dr. Rajeev .......................................................................................... Page 363 Mayes, Dr. Alva................................................................................................. Page 3060 McDonald, Dr. William ..................................................................................... Page 3826 McEver III, Dr. Virgile W. .................................................................................. Page 171 Mims, Dr. Adrienne D. ...................................................................................... Page 1767 Muller, Dr. Steven ............................................................................................... Page 124 Nassery, Dr. Hogai............................................................................................. Page 1815 Rachal, Dr. Mark ............................................................................................... Page 1566 Rogers, Dr. John .................................................................................................. Page 238 Rubin, Dr. Mitzi................................................................................................... Page 421 Saulsbury II, Dr. Joseph G................................................................................... Page 266 Schmidt, Dr. Todd ............................................................................................. Page 1238 Segerman, Dr. Stuart............................................................................................ Page 219 Shannon, Dr. George ........................................................................................... Page 539 Shevitz, Dr. Stewart ........................................................................................... Page 3302 Tillman, Dr. Ralph ............................................................................................. Page 1312 Trammell, Dr. Antoine.................................................................................Pages 329,345 Willingham, Dr. Melinda................................................................................... Page 2361 DODGE COUNTY City of Villa Rica Public Facilities Authority Act; enact.....................................HB 1439 Dodge County; board of commissioners; change terms of office ........................HB 1480 Heart of Georgia Regional Airport Authority; revenue bonds; provisions ..........HB 1444 DOMESTIC RELATIONS Administrative Services Department; remove/transfer functions; Council of Superior Court Judges of Georgia; Prosecuting Attorneys' Council.................. SB 396 Care of a Grandchild Act; provide subsidy to certain grandparents raising grandchildren under certain circumstances .............................................................. SB 88 5314 INDEX Child Abuse; county multi-agency child fatality review committee; change certain provisions .....................................................................................HB 1051 Child Custody; residing with/marrying a person on state sexual offender registry; constitute a change of material condition/circumstance .......................... SB 550 Child Support; revise certain definitions; process of calculating; provisions................................................................................................................ SB 483 Children and Family Service Strengthening Act of 2008; enact..........................HB 1054 Circuit Public Defender; change composition of selection panels; removal; terms ........................................................................................................ SB 140 Georgia Family Law Arbitration Act ..................................................................... SB 201 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 Human Resources, Department of; child support collections fees; authorize .................................................................................................................HB 156 Income Tax Credit; provide adoption of a qualified foster child; conditions/limitations ...........................................................................................HB 1159 Juvenile Justice, Department of; provide for the cost of care/support of children in temporary custody of the department................................................... SB 365 Juvenile Proceedings; Department of Human Resources emergency care/supervision to a child without a court order; reduce allowed time................. SB 415 Parent and Child; legitimation; clarify methods; change provisions......................HB 158 Proceedings; juvenile deprivation hearings shall not be closed; except upon written application of parents ........................................................................ SB 278 DORAVILLE, CITY OF Doraville, City of; ad valorem tax; certain residents; provide homestead exemption ...............................................................................................................HB 493 Doraville, City of; change the corporate limits of the city ....................................... SB 32 Doraville, City of; corporate limits; change by annexing certain territory ..........HB 1378 DOUGHERTY COUNTY Paul Keenan Parkway; Dougherty County; dedicate ............................................. SR 229 DOUGLAS COUNTY Douglas County State Court; additional judge; provide.......................................HB 1414 Douglas County; board of elections; create..........................................................HB 1437 Douglas County; Redevelopment Powers Law; authorize...................................HB 1039 Douglas Judicial Circuit; create a new superior court judgeship; initial appointment; election; term of office ..................................................................... SB 478 Public Property; conveyance; 10 counties............................................................ SR 1012 DOUGLASVILLE, CITY OF Douglasville, City of; Redevelopment Powers Law; authorize ...........................HB 1038 INDEX 5315 DRIVERS LICENSES (ALSO SEE MOTOR VEHICLES) Defensive Driving Courses; alcohol or drug programs; curriculum; provisions..............................................................................................................HB 1027 Driver Education Training Requirements; home schooling program; provisions................................................................................................................HB 969 Driver's Licenses; abolish Georgia Driver's Education Commission; transfer purposes/duties to State Board of Education............................................. SB 315 Drivers' Licenses; allow foreign nationals to keep license from their home country; exempt nonresidents; meet all licensing requirements in Georgia ................................................................................................................... SB 488 Drivers' Licenses; requirement; driving while license suspended/revoked; change certain provision ......................................................................................... SB 350 Drivers' Licenses; requirements; fees; provisions ................................................HB 1111 Driver's Records; online; Department of Driver Services; charging fee; prohibit......................................................................................................................HB 69 Georgia Revised Uniform Anatomical Gift Act; enactment; definitions; provide for anatomical gift ..................................................................................... SB 405 Juvenile Proceedings; redefine a term; provide public school disciplinary actions against students; terroristic threats against public school .......................... SB 521 License Plates; driver's license; issuance; payment/disposition of fees; proof of citizenship ................................................................................................... SB 25 Limited Driving Permits; certain offenders; allow issuance ..................................HB 254 Motor Vehicle Licensing Requirements; out-of-state students exemption; revise certain provisions .......................................................................................HB 1368 Motor Vehicles; fleet vehicles with valid insurance; wrongfully towing; provide penalty .....................................................................................................HB 1235 Motor Vehicles; license/registration; false statement in application; penalties ...................................................................................................................... SB 4 Motor Vehicles; speed restrictions; instruments charging violations of speed regulations; specify two-lane or highway..................................................... SB 125 DRIVING UNDER THE INFLUENCE, DUI DUI; mandatory sentences; increase ......................................................................HB 336 E ECHOLS COUNTY Echols County, Georgia; recognize ........................................................................ SR 913 ECONOMIC DEVELOPMENT, DEPARTMENT OF Economic Development, Department of; agricultural tourist attractions; provisions..............................................................................................................HB 1088 5316 INDEX Made in Georgia; create program; promoting goods/product manufactured and grown in Georgia; provide for rules/regulations ...................... SB 343 Made in Georgia; create program; promoting goods/product manufactured in Georgia; provide for rules/regulations......................................... SB 359 EDGEHILL, CITY OF Edgehill, City of; provide new charter .................................................................HB 1033 EDUCATION American Sign Language; elective/foreign language credit for any student..................................................................................................................... SB 206 Assignments, Committee on; powers, duties; change provisions; transfer of power .................................................................................................................... SB 76 Blind Persons' Braille Literacy Rights and Education Act; enact ..........................HB 652 Board of Regents; senior citizens program; change certain provisions .................HB 941 Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date.......................................... SB 344 Building Resourceful Individuals to Develop Georgia's Economy Act; enact ........................................................................................................................HB 905 Care of a Grandchild Act; provide subsidy to certain grandparents raising grandchildren under certain circumstances .............................................................. SB 88 Career Academies Act; disbursement of funds by the State Board of Technical and Adult Education; charter schools ...................................................... SB 68 Charter School Capital Finance Act; enact.............................................................HB 831 Driver Education Training Requirements; home schooling program; provisions................................................................................................................HB 969 Driver's Licenses; abolish Georgia Driver's Education Commission; transfer purposes/duties to State Board of Education............................................. SB 315 Dropout Deterrent Act; revise the age of mandatory education............................. SB 257 Early Care and Learning Programs; day-care center; revise definition ...............HB 1169 Early Care and Learning; fingerprint record checks; require certain employees ...............................................................................................................HB 904 Education Improvement Districts; provide by local law the creation/comprehensive regulation....................................................................... SR 1024 Education, Department of; State Board; Georgia Excellence Foundation; establish ..................................................................................................................HB 641 Education; alleged inappropriate behavior by teacher or school personnel; provisions..............................................................................................................HB 1321 Education; annual performance evaluations; require signature of evaluator and provide to certificated person........................................................... SB 122 Education; capitol outlay grants to local school systems; extend date for automatic repeal...................................................................................................... SB 523 INDEX 5317 Education; change calculations for equalization grants to include a factor for median household income................................................................................. SB 500 Education; determination of residency of students; change provisions ................. SB 514 Education; provide grants to North Georgia College students who accept a military commission............................................................................................. SB 512 Education; provide schools with certain guidelines regarding bullying; submit policy to Department of Education............................................................. SB 461 Education; require local school systems and schools to be accredited; provide for definitions ............................................................................................ SB 458 Education; require local school systems; reassign its high school foreign language teachers to elementary school ................................................................. SB 497 Education; student scholarship organizations; provisions....................................HB 1133 Educational Facilities Surveys; change certain provisions .................................... SB 118 Elementary and Secondary Education; preliminary investigations of violations; revise certain provisions .......................................................................HB 250 Equal Access to Extracurricular Activities; home/private school students may participate in public schools; provide conditions ............................................. SB 85 General Assembly; budgetary functions; reflect changes ......................................HB 529 Georgia Charter Schools Commission; establish ...................................................HB 881 Georgia Council for the Arts; Georgia Arts Alliance; create .................................HB 291 Georgia Higher Education Savings Plan; certain provisions; revise and change ...................................................................................................................HB 1014 Georgia Student Finance Authority; direct loans to students; postsecondary schools; 1% rate annually ............................................................... SB 169 Georgia Student Finance Authority; educational assistance programs; physical disabilities; authorize..............................................................................HB 1184 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 Georgia, University System of; students; home study program; authorize board of regents to promulgate rules/regulation regarding such admissions................................................................................................................. SB 35 Georgia's Promise; certain students; admission to member institutions of University System; top 10% of graduating class; automatically admitted............. SB 279 Government; State Law Library; repeal chapter 11 ............................................... SB 482 Group Insurance Benefits; pursuant to Title 20 and Title 45; U.S. Internal Revenue Code......................................................................................................... SB 144 Health Insurance Plans; education personnel; consider charter school employees; provide...............................................................................................HB 1277 Health Insurance; charter school teachers and employees; provisions ..................HB 559 HOPE Scholarships; add accrediting entity to the definition of the term eligible high school................................................................................................. SB 492 HOPE Scholarships; change certain definitions..................................................... SB 480 HOPE Scholarships; eligible postsecondary institution; revise definition.............HB 243 5318 INDEX HOPE Scholarships; home study course; provisions .............................................HB 152 Immunization; HPV; human papillomarvirus; female students entering the sixth grade......................................................................................................... SB 155 Interstate Compact on Educational Opportunity for Military Children; provide for purpose and policy .............................................................................. SB 345 Joint Study Committee on Teacher Training and Certification; create................HR 1103 Juvenile Proceedings; redefine a term; provide public school disciplinary actions against students; terroristic threats against public school .......................... SB 521 Local Boards of Education; budget deficit; require public notice..........................HB 962 Local Boards of Education; require school systems to attain/maintain accreditation; definition; removal of members; provide for procedures ................ SB 535 Lottery Funds; reserved only for the HOPE Scholarship Program ........................ SR 125 Military Scholarships; provide for children of persons killed/disabled as a result of combat wound; define terms; taxable net income.................................... SB 196 Minimum School Year; certain school days; provisions......................................HB 1300 Multiple Employer Self-Insured Health Plans; certain institutions; provisions................................................................................................................HB 544 O.C.G.A.; correct errors/omissions ........................................................................ SB 455 Postsecondary Education; attaining residency status; revise requirements..........HB 1091 Postsecondary Education; certain definitions; revise .............................................HB 311 Public High Schools; interscholastic athletics program; require at least one defibrillator ....................................................................................................HB 1031 Quality Basic Education Act; certain maximum class size requirements; delay implementation..............................................................................................HB 332 Quality Basic Education Act; nationally norm-referenced instruments; revise provisions .....................................................................................................HB 637 Quality Basic Education Act; state playoff game; no high school funded under this Act shall be required seating capacity ................................................... SB 336 Quality Basic Education Act; Veterans Day; revise provisions...........................HB 1286 Quality Basic Education Formula; funding purposes; change program weights..................................................................................................................HB 1335 Returning Hero Education Act; admission standards for certain combat veterans ..................................................................................................................... SB 74 Sales Tax; local charter schools; capital outlay projects; authorize .....................HB 1065 Sales/Use Tax; certain school supplies; certain energy efficient products; provide exemption ..................................................................................................HB 948 Scholarships; postsecondary; minimum state-wide standards for honor courses; establishment .............................................................................................. SB 75 School Board Member; prohibition of selling school supplies; penalty; provide exception....................................................................................................HB 602 School Bus Drivers Appreciation Day; declare......................................................HB 791 School Bus Safety Week; declare...........................................................................HB 790 School Councils; parent members; majority; provide ............................................HB 208 INDEX 5319 School Districts; agree to assist employees in qualified investment plan; define certain terms; provide for certain offenses/penalties .................................... SB 47 SHAPE Act; require local school systems to conduct physical fitness testing of students; state physical education instruction requirements................... SB 506 State Board of Education; donations, grants, and federal aid acceptance; revise provisions ...................................................................................................HB 1181 State Board of Education; local school systems; contracts; provisions ...............HB 1209 State Properties Commission; authorizing and empowering; convey certain state owned real property located in Augusta, Georgia................................ SR 25 Teachers; local units of administration adopt disciplinary procedures; revise certain definitions......................................................................................... SB 297 Technical/Adult Education, Department of; change name to Technical College System of Georgia..................................................................................... SB 435 University System; certain provisions; eliminate repeal ......................................HB 1183 University System; revenue collected from tuition shall not lapse ........................ SB 111 EFFINGHAM COUNTY Effingham County Carter-Burns Act; enact .........................................................HB 1001 Effingham County School District; ad valorem tax; educational purposes; provide homestead exemption ................................................................................HB 999 Effingham County; Board of Education; member qualifications; change provisions..............................................................................................................HB 1385 ELDERLY Absentee Voting; casting ballot in person; provisions ...........................................HB 993 Adult Day Centers; licensure; respite care services programs; provisions ..........HB 1044 Aging Department; transfer functions, duties, employees from Division of Aging Services of the Department of Human Resources................................... SB 378 Alzheimer's Awareness Day; designate; establish the State Alzheimer's Disease Commission; membership; duties; annual report...................................... SB 546 Assignments, Committee on; powers, duties; change provisions; transfer of power .................................................................................................................... SB 76 Board of Regents; senior citizens program; change certain provisions .................HB 941 Council on Aging; assign additional duties; produce a report; appointment of advisory committees...................................................................... SB 341 Hospitals; offer certain vaccinations to inpatients 65 years or older; require ...................................................................................................................HB 1105 ELECTIONS Absentee Ballots; allow electors to request/cast without stating a reason; allow electronic submission of requests by certain electors................................... SB 387 Absentee Voting; casting ballot in person; provisions ...........................................HB 993 Assignments, Committee on; powers, duties; change provisions; transfer of power .................................................................................................................... SB 76 5320 INDEX Banks County; board of commissioners; provide increase in number of members; election................................................................................................... SB 558 Campaign Contributions; persons acting on behalf of a public utility; Public Service Commission; repeal the prohibition ............................................... SB 179 Cobb County Board of Education; members; method of filling vacancies..................................................................................................................... SB 7 Cobb County Board of Education; members; provide nonpartisan elections ...................................................................................................................... SB 6 Elections/Primaries; qualify for a party's nomination/run for public office; provide certain requirements....................................................................... SB 264 Elections; establish polling places outside the boundaries of precincts ................. SB 422 Elections; primaries; voting; provisions .................................................................HB 487 Elections; rules and regulations; provisions .........................................................HB 1112 Electoral Process; right to register and vote; procedures ........................................... SR 4 Ethics in Government Act; change provisions ....................................................... SB 243 Georgia Townships Act; creation ............................................................................. SB 89 Local Boards of Education; require school systems to attain/maintain accreditation; definition; removal of members; provide for procedures ................ SB 535 Local Government Franchising Authority; comprehensive revision of provision; power of eminent domain by telegraph/telephone; provisions ............. SB 379 Local Government; provide for the establishment of ethics panels ....................... SB 372 O.C.G.A.; correct/omissions................................................................................... SB 456 Primaries/Elections; election superintendents; provisions ...................................HB 1098 Sales/Use Taxes; maintenance/operation of public hospitals; authorize imposition of a joint county/municipal sales/use tax ............................................. SB 530 Special Elections; held on certain dates; provide ...................................................HB 296 Special Elections; questions to the voters shall be held on certain dates ................. SB 71 ELECTRIC UTILITIES AND ELECTRICAL SERVICE Electrical Services; require charges to communications/cable companies; assessing poles, ducts shall be uniform; procedures/remedies............................... SB 105 State Government; clarify meaning of criminal action; replace Department of Administrative Services with Office of Treasury/Fiscal Services................................................................................................................... SB 175 ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR CONTRACTORS, LOW-VOLTAGE CONTRACTORS, AND UTILITY CONTRACTORS Contractors; revise definition of a certain term for purposes of clarification ............................................................................................................. SB 407 State Construction Industry Licensing Board; Class I; provide changes ...............HB 611 State Minimum Standard Codes/Enforcement; adoption/continuation; change certain provisions; gray water recycling system; enforcement .................. SB 463 INDEX 5321 ELECTRONIC TECHNOLOGY, TRANSMISSIONS Advertisement of Legal Notices; on/after January 1, 2009; joint legal organ internet website; provide for requirements; posting; notices ....................... SB 540 Crimes Against Persons; stalking; clarify venue for prosecution; reorganize certain provisions; provide definitions ................................................. SB 536 Inmates; telecommunications devices; prohibit receiving/possessing; provide definition.................................................................................................... SB 366 Minors; provide availability of parental controls over Internet access .................. SB 474 EMANUEL COUNTY Emanuel County; Board of Education; members; change compensation ............HB 1279 EMERGENCY MANAGEMENT ACT Emergency Management; licensing of nongovernmental rescue organizations; revise a provision ............................................................................ SB 305 Emergency Management; state-wide first responder building mapping information system; definitions; rule/regulations..................................................... SB 33 Georgia Emergency Management Agency Nomenclature Act of 2008; enact ......................................................................................................................HB 1201 Mattie's Call Act; revise/redesignate Article 7 ....................................................... SB 202 EMERGENCY MEDICAL SERVICES Coverdell-Murphy Act; enact; establish a two level system of certified stroke centers; definitions ....................................................................................... SB 549 Georgia State Indemnification Commission; composition; define certain terms ....................................................................................................................... SB 254 Georgia Trauma Care Network Commission; certain reports/funds; provisions..............................................................................................................HB 1158 Licensed Ambulance Services; collection of license fees; amend certain provisions; Indigent Care Trust; report use to General Assembly ......................... SB 479 EMINENT DOMAIN Pipeline Companies; exempt certain acquisitions of additional pipeline right of way from restrictions and conditions......................................................... SB 173 EMPLOYMENT Labor, Department of; program of mandatory drug testing of applicants for unemployment benefits; review; define certain terms ...................................... SB 268 Retirement; full-time teacher; full-time employment and benefits; provide..........HB 157 State Agencies; designate English as official language; prohibit requiring employees to speak/learn any other languages for employment ............................ SB 335 5322 INDEX ENERGY Sales/Use Tax; certain school supplies; certain energy efficient products; provide exemption ..................................................................................................HB 948 ENGINEERS AND LAND SURVEYORS Property; provide for definition of single-family residential real estate; exemption to certain liens......................................................................................... SB 63 Property; single family residential real estate; contract to perform work; provide requirements ................................................................................................ SB 65 ENVIRONMENTAL FACILITIES AUTHORITY Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 Land Conservation Projects; certain provisions; redesignate and extensively revise..................................................................................................HB 1176 ENVIRONMENTAL PROTECTION Uniform Environmental Covenants Act; enact ....................................................HB 1132 ETHICS IN GOVERNMENT Assignments, Committee on; powers, duties; change provisions; transfer of power .................................................................................................................... SB 76 Campaign Contributions; persons acting on behalf of a public utility; Public Service Commission; repeal the prohibition ............................................... SB 179 Ethics in Government Act; change provisions ....................................................... SB 243 Local Government Franchising Authority; comprehensive revision of provision; power of eminent domain by telegraph/telephone; provisions ............. SB 379 Local Government; provide for the establishment of ethics panels ....................... SB 372 EVIDENCE Criminal Procedure; victim/members of immediate family with rights; provide for certain procedures ................................................................................ SB 119 DNA; Georgia Bureau of Investigation include information in database/compare to samples collected from evidentiary materials....................... SB 430 Dogs; provide for misdemeanor for removing certain collars; restitution; provide for exemptions ............................................................................................. SB 16 Physicians; Composite State Board of Medical Examiners; enter into a contract with a nonprofit corporation; impaired physician program...................... SB 313 Railroad Corporations; presumptions; provisions ................................................HB 1283 Teachers; local units of administration adopt disciplinary procedures; revise certain definitions......................................................................................... SB 297 INDEX 5323 EXCISE TAX Excise Tax; public accommodation furnishings; change certain provisions................................................................................................................HB 302 Excise Tax; rooms, lodgings, and accommodations; provide comprehensive revision ........................................................................................HB 1168 EXECUTIONS AND JUDICIAL SALES Advertisement of Legal Notices; on/after January 1, 2009; joint legal organ internet website; provide for requirements; posting; notices ....................... SB 540 Offenses; seizure of motor vehicles by person to facilitate sexual offenses .......... SB 219 EYE BANKS Georgia Revised Uniform Anatomical Gift Act; enactment; definitions; provide for anatomical gift ..................................................................................... SB 405 F FAIR LENDING ACT Georgia Fair Lending Act; revise; prohibit home loan practices; definitions ............................................................................................................... SB 475 FAMILY VIOLENCE Circuit Public Defender; change composition of selection panels; removal; terms ........................................................................................................ SB 140 FAMILY-PLANNING SERVICES Insuring Georgia's Families Act; health insurance provision; comprehensive revision ............................................................................................ SB 28 FARMS AND FARM PRODUCTS (ALSO SEE AGRICULTURE) Agricultural Commodity Commission for Blueberries; provide............................HB 649 Agricultural/Forest Products; limited liability for owners/operators of farms offering agritourism under certain circumstances ........................................ SB 272 Agriculture, Department of; assigned functions; enforcement of state laws; control of infectious diseases in livestock; change provisions ..................... SB 429 Georgia Building Authority; general provisions; operational powers ................... SB 130 Georgia Seed Development Commission; composition, advisory board, term of office; change certain provisions ............................................................... SB 515 Seeds/Plants; certification; drought tolerant plant species; revise certain provisions................................................................................................................ SB 501 5324 INDEX FAYETTE COUNTY Fayette County State Court; judge; change compensation...................................HB 1416 General Bill Livsey Highway; Fayette County; dedicate....................................... SR 980 FEDERAL GOVERNMENT Income Tax; federal obligations; taxable income; revise provisions .....................HB 441 FINANCIAL INSTITUTIONS Financial Institutions; prohibit directors, officers, & employees from transacting business with certain persons whom they are related .......................... SB 551 Financial Institutions; provide for guaranteed asset protection waivers; scope; purposes; definitions; requirements for offering......................................... SB 541 Mortgage Businesses; prohibit soliciting or facilitating fraudulent appraisal of value of property offered as security for mortgage/loan .................... SB 496 Mortgage Lenders/Brokers; create a nation-wide automated licensing system; provide Banking/Finance Department participate; rules/regulations...................................................................................................... SB 375 Mortgage Lenders/Brokers; nation-wide automated licensing system; create.......................................................................................................................HB 921 FINES AND FORFEITURES Brain and Spinal Injury Trust Fund; expand provision under Constitution of Georgia to authorize additional penalty assessments for additional violations................................................................................................................. SB 547 Circuit Public Defenders; may hire additional personnel; authorized by local law.................................................................................................................. SB 142 Driver Education Purposes; traffic law violations; additional penalty; extend expiration date...........................................................................................HB 1037 Driver's Licenses; abolish Georgia Driver's Education Commission; transfer purposes/duties to State Board of Education............................................. SB 315 Fines and Forfeitures; county treasuries; provide for payment of certain moneys arising from traffic fines; motorcycle enforcement program.................... SB 356 FIRE PROTECTION AND SAFETY; STANDARDS & TRAINING 2008 Georgia Firefighter Standards and Training Council Act; revise definitions; provide for calling of meetings/quorum.............................................. SB 414 Georgia Fire Officer Development Act; fire officer development training; definitions ................................................................................................................. SB 44 Georgia Fire Safety Standard and Firefighter Protection Act; definitions; provide for standards for testing cigarettes; written certification........................... SB 418 Local Government Franchising Authority; change certain provisions; telephone/telegraph companies............................................................................... SB 408 Local Government Franchising Authority; comprehensive revision; power of eminent domain by telegraph/telephone; provisions............................... SB 379 INDEX 5325 Model Rockets; provide exemption when defining explosive for certain purposes .................................................................................................................. SB 299 FIREARMS Business Security and Employee Privacy Act; enact ...............................................HB 89 Firearms Dealers; transfer authority for regulation to state revenue commissioner.......................................................................................................... SB 252 Firearms; valid licenses; authorized to possess/carry in state parks, historic sites; hunting; general provisions .............................................................. SB 339 FISH AND FISHING Commercial Shrimping; opening of certain waters under certain conditions; change provisions ................................................................................ SB 292 Commissioner of Natural Resources; blue crabs; manage certain aspects; provide ..................................................................................................................HB 1016 Natural Resource Law Enforcement Officer; establish office; provide for the appointment; coverage for general liability/fidelity bonds; provisions............ SB 377 FLOYD COUNTY Floyd County; board of elections/registration members; implement a system of staggered terms of office ........................................................................ SB 554 Floyd County; Hospital Authority; filling vacancies; change certain provisions................................................................................................................HB 776 Probate Court of Floyd County; office of judge; nonpartisan elections................. SB 149 FOOD, DRUGS, AND COSMETICS (ALSO SEE HEALTH) Community Health, Department of; prescription drugs; certain Georgia companies; expedite review....................................................................................HB 180 Ecstasy; certain trafficking; bailable only before superior court judge; require .....................................................................................................................HB 960 Food Service Establishments; food nutrition information; provisions.................HB 1303 Generic Drugs; health insurance coverage; provisions ..........................................HB 367 Insurance; prohibit prior authorization for a prescription drug which manufacturer provides to community pharmacy; definitions................................. SB 338 Insuring Georgia's Families Act; health insurance provision; comprehensive revision ............................................................................................ SB 28 Livestock; remove ratites/reclassify as poultry for certain purposes; definitions; brand or tattoo registration certificates; provisions............................. SB 364 Pharmacists/Pharmacies; submit certain performance and cost data to Department of Community Health ......................................................................... SB 150 Pharmacy Consumer Protection and Transparency Act; enact ..............................HB 798 Pharmacy, State Board of; mails/common carriers; prescription drug; shall not be grounds for sanctioning license of pharmacist.................................... SB 178 5326 INDEX Prescription Drugs; generic; change provisions .....................................................HB 127 Prescription Drugs; pharmacists; provisions ........................................................HB 1042 Prescription Drugs; substitution of generic drugs for brand name drugs; change criteria......................................................................................................... SB 294 Sales/Use Tax; certain sales of food and beverages to qualified food banks; extend exemption ......................................................................................HB 1110 Seafood; provide for regulations; require certain disclosures; definitions............. SB 533 FOREST PARK Forest Park, City of; authorize to exercise all redevelopment/other powers; provide referendum ................................................................................... SB 302 FOREST RESOURCES Forest Land Conservation Use Property; special assessment and taxation; provide ..................................................................................................................HR 1276 Forestry/Fire; enforcement of laws; punishment of certain violations; forestry investigators; provide for qualifications/powers....................................... SB 400 Georgia Forest Land Protection Act of 2008; enact .............................................HB 1211 Land Conservation Projects; certain provisions; redesignate and extensively revise..................................................................................................HB 1176 Property; provide for definition of single-family residential real estate; exemption to certain liens......................................................................................... SB 63 Property; single family residential real estate; contract to perform work; provide requirements ................................................................................................ SB 65 FORGERY AND FRAUDULENT PRACTICES Computer Security; persons provide identifying information by falsely representing themselves to be a business; definitions; penalties.............................. SB 24 Crimes Against Persons; stalking; clarify venue for prosecution; reorganize certain provisions; provide definitions ................................................. SB 536 False Identification Documents; change penalties based upon the age of the convicted person/nature of crime...................................................................... SB 421 Identity Fraud; provide Georgia Bureau of Investigation authority to investigate certain offenses; subpoena power ........................................................ SB 388 Motor Vehicles; change nomenclature from "air bag" to "life bag" and "safety belt" to "life belt"........................................................................................ SB 412 Social Networking Website; illegal for owner to allow minor to create/maintain profile; provide for penalties........................................................... SB 59 FORSYTH COUNTY Forsyth County Public Facilities Authority; create ..............................................HB 1454 INDEX 5327 FORT OGLETHORPE, CITY OF Fort Oglethorpe, City of; judge of municipal court; provide for the election.................................................................................................................... SB 560 Fort Oglethorpe, City of; provide for homestead exemption; ad valorem taxes; municipal purposes....................................................................................... SB 561 FRANKLIN COUNTY Franklin County; board of elections and registration; create ...............................HB 1450 FRANKLIN SPRINGS Franklin Springs, City of; restate and reenact charter ..........................................HB 1469 FULTON COUNTY Fulton County Ad Valorem Tax; 65 years or older; provide homestead exemption .............................................................................................................HB 1205 Fulton County Ad Valorem Tax; increase exemption amount.............................HB 1190 Fulton County Ad Valorem Tax; provide homestead exemption; county purposes .................................................................................................................. SB 513 Fulton County; board of commissioners; ad valorem tax exemption; requirements .........................................................................................................HB 1452 Fulton County; homestead exemption; educational purposes for full value; definitions; specify terms/conditions ........................................................... SB 262 Greater Fulton Water Authority Act; provide for definitions; powers/duties .......................................................................................................... SB 306 Joel A. Katz Parkway; Fulton County; dedicate................................................... SR 1055 McPherson Implementing Local Redevelopment Authority Act; enact ................HB 817 Public Property; conveyance; 10 counties............................................................ SR 1012 State Highway System; certain portions; dedicate ...............................................HR 1023 FUNSTON, CITY OF Edward Sidney "Dick" Chambers Memorial Highway; dedicate ..........................HR 321 G GAINESVILLE, CITY OF City of Gainesville Community Improvement Districts Act of 2008; enact........HB 1483 GAMBLING Dog fighting; prohibit; punishments; amend provisions ........................................HB 301 GAME AND FISH Board of Natural Resources; rules; game and fish criminal violations; change certain provisions .......................................................................................HB 239 5328 INDEX Commercial Shrimping; opening of certain waters under certain conditions; change provisions ................................................................................ SB 292 Commissioner of Natural Resources; blue crabs; manage certain aspects; provide ..................................................................................................................HB 1016 Deer Farming; revise certain provisions; alternative livestock farming; provide for regulation ............................................................................................. SB 528 Deer Hunting; lawful/unlawful killing of dogs pursuing/killing a deer; revise provisions ..................................................................................................... SB 273 Dogs; provide for misdemeanor for removing certain collars; restitution; provide for exemptions ............................................................................................. SB 16 Farm Laborers; provide a definition....................................................................... SB 239 Firearms; valid licenses; authorized to possess/carry in state parks, historic sites; hunting; general provisions .............................................................. SB 339 Game/Fish; Board of Natural Resources rules/regulation; change certain provisions................................................................................................................ SB 476 Game/Fish; license, permit, tag and stamp fees; change certain provisions .......... SB 382 Hunting; provide for veterans' lifetime sportsman's license; fees .............................. SB 3 Natural Resource Law Enforcement Officer; establish office; provide for the appointment; coverage for general liability/fidelity bonds; provisions............ SB 377 Natural Resources, Board of; establish game/fish criminal violations; rules/regulations; change provisions ...................................................................... SB 443 Wild Animals; licenses/permits; revise certain provisions .................................... SB 522 GARDEN CITY, CITY OF Garden City, City of; advisory referendum election; provide..............................HB 1025 GAS, GASOLINE, AND GAS SERVICES Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date.......................................... SB 344 Sales and Use Tax; liquefied petroleum gas; certain purposes; provide exemption .............................................................................................................HB 1178 GENERAL ASSEMBLY Adjournment; relative to.......................................................................................HR 1021 Adjournment; relative to.......................................................................................HR 1225 Adjournment; relative to.......................................................................................HR 1556 Adjournment; relative to......................................................................................... SR 782 Adjournment; relative to......................................................................................... SR 981 Adjournment; relative to....................................................................................... SR 1148 Adjournment; relative to....................................................................................... SR 1246 Administrative Procedure; effectiveness of a challenged agency rule; General Assembly take action on such rule at next legislative session.................. SB 445 Audits and Accounts, Department of; annual reports on state agencies; require .......................................................................................................................HB 91 INDEX 5329 Citizens' Redistricting Commission; create; apportionment of General Assembly ................................................................................................................ SR 344 Courts; limitation on jurisdiction; appropriations by the General Assembly................................................................................................... SR 721 General Appropriations Act; statements of legislative intent; provide ................HR 1025 General Appropriations; State Fiscal Year July 1, 2008 - June 30, 2009 ..............HB 990 General Assembly convened; notify the Governor ................................................ SR 690 General Assembly; budgetary functions; reflect changes ......................................HB 529 General Assembly; Internet website; provide for content/capabilities................... SB 208 General Assembly; require an oath/affirmation for purposes of presenting certain testimony; committee/subcommittee .......................................................... SB 441 Georgia Trauma Care Network Commission; certain reports/funds; provisions..............................................................................................................HB 1158 Hospital Authorities; vacancies; General Assembly; change by local act .............HB 151 House and Senate; certain committees; amend Official Code of Georgia Annotated references ................................................................................................HB 98 House Convened; notify Senate ...........................................................................HR 1018 Joint Session; message from Chief Justice of Supreme Court .............................HR 1020 Joint Session; message from Governor ................................................................HR 1019 Joint Study Committee on Teacher Training and Certification; create................HR 1103 Martin Luther King, Jr., National Memorial Project Foundation; use Georgia granite; urge ............................................................................................HR 1115 Offenses; parking in parking spaces reserved for persons with disabilities; authorize General Assembly to provide additional penalties ............................... SR 1074 Pharmacists/Pharmacies; submit certain performance and cost data to Department of Community Health ......................................................................... SB 150 Public Administration, Offenses Against; false statements/writings; within the jurisdiction of the state/political subdivisions; change certain provision. ................................................................................................................ SB 442 Senate Convened; notify the House of Representatives......................................... SR 689 Senate Sexual Exploitation of Minors Study Committee; create ......................... SR 1020 Senate; provide four-year terms of office for members ......................................... SR 279 Supplemental Appropriations; State Fiscal Year July 1, 2007 June 30, 2008 ..........................................................................................................HB 989 Taxation; limitations on grants of tax powers ............................................................ SR 7 Transportation Commissioner; required to file reports on matters of interest to General Assembly................................................................................HB 1123 GENERAL PROVISIONS, OCGA Alzheimer's Awareness Day; designate; establish the State Alzheimer's Disease Commission; membership; duties; annual report...................................... SB 546 Confederate Heritage and History Month; create................................................... SB 283 Georgia Day; observe February 12; annually.........................................................HB 387 5330 INDEX House and Senate; certain committees; amend Official Code of Georgia Annotated references ................................................................................................HB 98 Livestock; remove ratites/reclassify as poultry for certain purposes; definitions; brand or tattoo registration certificates; provisions............................. SB 364 O.C.G.A.; correct errors/omissions ........................................................................ SB 455 Personnel/Merit System; define classified/unclassified service; employees; change certain provisions .................................................................... SB 265 School Bus Drivers Appreciation Day; declare......................................................HB 791 School Bus Safety Week; declare...........................................................................HB 790 State Personnel Board/Merit System; define classified/unclassified service ..................................................................................................................... SB 230 GEORGIA ATHLETIC AND ENTERTAINMENT COMMISSION Boxing, Wrestling, Martial Arts; licensure/regulation; substantially/comprehensively revise provisions ................................................... SB 413 Ticket Brokers; resell tickets and service charges; change certain provisions..............................................................................................................HB 1238 GEORGIA BUILDING AUTHORITY Georgia Building Authority; general provisions; operational powers ................... SB 130 GEORGIA BUREAU OF INVESTIGATION (GBI) Counties; municipal corporations; prohibit sanctuary policies by local government entities................................................................................................. SB 340 Georgia Bureau of Investigation; establish the Georgia MethCheck data base; statement of purpose; definitions .................................................................. SB 457 Georgia Crime Information Center; publication of statistics; revise provisions................................................................................................................ SB 274 Human Resources, Department of; owners of personal care homes; national criminal history background data; definitions ........................................... SB 51 Identity Fraud; provide Georgia Bureau of Investigation authority to investigate certain offenses; subpoena power ........................................................ SB 388 Juvenile Justice, Department of; provide for Office of Runaway Children Assistance; duties/structure .................................................................................... SB 270 Mattie's Call Act; revise/redesignate Article 7 ....................................................... SB 202 GEORGIA FIRE ACADEMY Georgia Fire Officer Development Act; fire officer development training; definitions ................................................................................................................. SB 44 GEORGIA HIGHER EDUCATION FACILITIES AUTHORITY ACT Assignments, Committee on; powers, duties; change provisions; transfer of power .................................................................................................................... SB 76 INDEX 5331 GEORGIA PORTS AUTHORITY; recognized employees............................. Page 3298 GEORGIA PUBLIC SAFETY TRAINING CENTER Technical/Adult Education, Department of; change name to Technical College System of Georgia..................................................................................... SB 435 GEORGIA REGIONAL TRANSPORTATION AUTHORITY Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 GEORGIA TECHNOLOGY AUTHORITY Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date.......................................... SB 344 Georgia Technology Authority; change certain powers; authorize to develop certain plans and reports ........................................................................... SB 525 GEORGIA WATER COUNCIL; communication of plan ................................... Page 46 GEORGIA WORLD CONGRESS CENTER Assignments, Committee on; powers, duties; change provisions; transfer of power .................................................................................................................... SB 76 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 GEORGIA YOUTH CONSERVATION CORPS Technical/Adult Education, Department of; change name to Technical College System of Georgia..................................................................................... SB 435 GILMER COUNTY Coosawattee Regional Water and Sewerage Authority Act; enact ........................HB 801 Gilmer County Kids Kottage Commission Act; enact .........................................HB 1382 Gilmer County; school district ad valorem tax; residents 65 years or older; provide homestead exemption....................................................................HB 1383 GLYNN COUNTY Glynn County School District Ad Valorem Tax; provide homestead exemption for educational purposes ....................................................................... SB 486 Glynn County School District; ad valorem tax; provide homestead exemption .............................................................................................................HB 1285 Glynn County; ad valorem tax; provide homestead exemption ...........................HB 1282 Glynn County; board of education; compensation of members; change provisions................................................................................................................ SB 555 Korean War Veterans Memorial Highway; Muscogee, Bibb, and Glynn; dedicate ................................................................................................................... SR 720 5332 INDEX GORDON COUNTY Coosawattee Regional Water and Sewerage Authority Act; enact ........................HB 801 GOVERNOR Administrative Services Department; remove/transfer functions; Council of Superior Court Judges of Georgia, Prosecuting Attorneys' Council.................. SB 396 Audits and Accounts, Department of; annual reports on state agencies; require .......................................................................................................................HB 91 Budget Act; periodic application of zero-base budgeting; analysis of departmental/program objectives ............................................................................. SB 12 Budget/Financial Affairs; creation of website which the public can view the state budget ......................................................................................................... SB 29 Georgia Health Marketplace Act; provide access to health care products for Georgia consumers; provide for definitions; membership; powers.................. SB 404 State Inspector General, Office of; establish; provide for definitions, duties, certain powers, procedures for the application of such office .................... SB 537 State Purchasing; funds appropriated to state's budget units; dedicated to projects/contracts involving small businesses ........................................................ SB 484 GOVERNOR PERDUE, SONNY Appointments; boards and commissions; confirmation ..................................... Page 3851 Appointments; boards and commissions; received ............................................ Page 3703 Appointments; boards and commissions; transmit confirmation to Governor ............................................................................................................. Page 3852 General Assembly; Joint Session; State of State address....................................... Page 89 Veto Letters 2007................................................................................................... Page 2 Veto Overrides message from House of Representatives.............................Pages 71, 73 Veto Overrides referral to committee ...........................................................Pages 72, 73 Veto HB 94 Appropriations (Supplemental) ........................................................ Page 1 Veto HB 95 Appropriations (General)................................................................ Page 12 Veto HB 989 line item ..................................................................................... Page 2322 GRIFFIN, CITY OF Griffin, City of; Redevelopment Powers Law; authorize.....................................HB 1473 Griffin-Spalding County; school district ad valorem tax; certain residents; provide homestead exemption ..............................................................................HB 1475 GUARDIAN AND WARD Probate Courts; update/change provisions ............................................................. SB 508 GWINNETT COUNTY Gwinnett County; authorize to exercise all redevelopment/other powers; provide referendum................................................................................................. SB 324 Gwinnett County; Redevelopment Powers Law; authorize .................................HB 1208 INDEX H 5333 HABEAS CORPUS Habeas Corpus; person under sentence of state court of record; petitions challenging first time state court proceedings; change certain provisions .............HB 578 HALL COUNTY Hall County Community Improvement District Act of 2008; enact ....................HB 1484 Hall County State Court; additional judge; provide .............................................HB 1456 Hall County; school district ad valorem tax; certain residents; provisions..........HB 1411 HANCOCK COUNTY Hancock County; board of commissioners; consolidate amendatory Acts ............HB 785 HANDICAPPED PERSONS Absentee Voting; casting ballot in person; provisions ...........................................HB 993 American Sign Language; elective/foreign language credit for any student..................................................................................................................... SB 206 Blind Persons' Braille Literacy Rights and Education Act; enact ..........................HB 652 Children with Disabilities; basic therapy services; establish requirements ...........HB 549 Commission for the Blind and the Visually Impaired Act; create ......................... SB 331 Disabled Veterans/Blind Persons; eligibility certificate; valid for five years; provide..........................................................................................................HB 930 Georgia Student Finance Authority; educational assistance programs; physical disabilities; authorize..............................................................................HB 1184 Jury Duty; primary caregiver of certain persons; provide exemption ...................HB 188 Persons with Disabilities; special parking permits and license plates; change certain provisions .......................................................................................HB 961 HARALSON COUNTY Haralson County; board of commissioners; staggered terms; provide...................HB 995 HARLEM, CITY OF Harlem, City of; provide new charter ...................................................................HB 1465 HEALTH Alzheimer's Awareness Day; designate; establish the State Alzheimer's Disease Commission; membership; duties; annual report...................................... SB 546 Assignments, Committee on; powers, duties; change provisions; transfer of power .................................................................................................................... SB 76 Certificate of Need Program; exempt continuing care retirement communities; certificate of need requirements; certain conditions........................ SB 539 5334 INDEX Certificate of Need Program; prisons and other secure correctional institutions; exempt.................................................................................................HB 967 Certificate of Need Program; provide for extensive revision; definitions; declaration of policy for state health planning; Health Strategies Council ............ SB 433 Certificate of Need Reformation Act; extensive revision of the certificate of need program...................................................................................................... SB 164 Certificate of Need; revise definition of "new institutional health service"........... SB 189 Childhood Lead Exposure Control Act; confirmed lead poisoning; revise definition...............................................................................................................HB 1043 Chronic Kidney Disease Task Force; establishment; develop a plan for education; membership; duties/responsibilities........................................................ SB 45 Community Health, Department of; powers, duties and functions; change certain provisions...................................................................................................... SB 78 Community Health, Department of; prescription drugs; certain Georgia companies; expedite review....................................................................................HB 180 Coverdell-Murphy Act; enact; establish a two level system of certified stroke centers; definitions ....................................................................................... SB 549 Georgia Building Authority; general provisions; operational powers ................... SB 130 Georgia Revised Uniform Anatomical Gift Act; enactment; definitions; provide for anatomical gift ..................................................................................... SB 405 Georgia State Indemnification Commission; composition; define certain terms ....................................................................................................................... SB 254 Georgia Trauma Care Network Commission; certain reports/funds; provisions..............................................................................................................HB 1158 Grady Oversight Committee; create; Fulton-DeKalb Hospital Authority, Grady Health System, and Henry W. Grady Memorial Hospital; review.............. SR 722 Health Care Transformation; create joint study committee ................................... SR 355 Health Planning; exemptions; acute cancer hospitals .............................................. SB 53 'Health Share' Volunteers in Medicine Act; definitions; revise certain provisions..............................................................................................................HB 1222 Health; revise definition for personal care home; provide guidelines/oversight of host homes ........................................................................ SB 469 Hospital Authorities; contract with nonprofit corporations; require ....................HB 1299 Hospital Authorities; vacancies; General Assembly; change by local act .............HB 151 Hospital; acquisitions; notice to the Attorney General; change certain provisions................................................................................................................ SB 134 Hospitals; discount payment/charity care for financially qualified patients; maintain written policies; provide eligibility criteria............................... SB 229 Hospitals; offer certain vaccinations to inpatients 65 years or older; require ...................................................................................................................HB 1105 Human Resources, Department of; owners of personal care homes; national criminal history background data; definitions ........................................... SB 51 INDEX 5335 Human Resources, Department of; state diabetes coordinator; establish; provide for appointment; duties.............................................................................. SB 505 Human Resources, Department of; submission of data relating to individual's employer; state funded/administered health care program ................ SB 304 Indigent/Elderly Patients; establish safety net clinic grant program; provide definitions; purpose; eligibility; requirements .......................................... SB 395 Insuring Georgia's Families Act; health insurance provision; comprehensive revision ............................................................................................ SB 28 Licensed Ambulance Services; collection of license fees; amend certain provisions; Indigent Care Trust; report use to General Assembly ......................... SB 479 Medicaid Care Management Organizations Act; enact........................................HB 1234 Medical Care Professionals; providing services at free health clinics; receive compensation.............................................................................................. SB 346 Newborn Screening Program; assessment; approved laboratories to perform screening testing; revise certain provisions .............................................. SB 289 No Heartbeat Act; registration and certificates of birth; change certain provisions; provide for a definition ........................................................................ SB 381 Noninterference in Medical Decisions; right of individual shall not be infringed................................................................................................................ SR 1006 Patient Disclosure for Eye Surgery Act; delegation of postoperative eye care for patient who has undergone eye surgery ...................................................... SB 93 Peace Officers' Annuity and Benefit Fund; certain persons; provide membership.............................................................................................................HB 732 PeachCare for Kids; provide for imposition of a state/use tax at rate of 1 percent; health care coverage for all Georgia children........................................ SR 361 Pharmacists/Pharmacies; submit certain performance and cost data to Department of Community Health ......................................................................... SB 150 Public Hospital Integrity Act; certain individuals shall not serve on hospital authority board managing a hospital on behalf of a hospital authority.................................................................................................................. SB 353 Ray Biddy and Gene Mullis Act; renal disease facilities and personnel.................. SB 57 Sales/Use Tax; performing arts centers and amphitheater facilities; nonprofit volunteer health clinics; provide exemption...........................................HB 162 Solid Waste Management; land disposal sites; permits from Department of Natural Resources; change certain provisions .................................................. SB 221 State Health Benefit Advisory Committee; create ................................................. SB 167 State Health Planning/Development; revise certain definitions; change exemptions.............................................................................................................. SB 296 State Health; skilled nursing facilities, intermediate care facilities, and intermingled nursing facilities may be allowed to divide; conditions.................... SB 490 State Minimum Standard Codes/Enforcement; adoption/continuation; change certain provisions; gray water recycling system; enforcement .................. SB 463 Tattoo; misdemeanor; eye socket; repeal .................................................................HB 92 5336 INDEX Vital Records; delayed Birth Certificates; petitions in probate and superior court; permit .............................................................................................HB 111 Whistleblower Open Settlements Act; prohibit hospital authority; confidential settlement agreements; federal/state whistleblower ........................... SB 503 HEALTH CARE PLANS Georgia Health Marketplace Act; provide access to health care products for Georgia consumers; provide for definitions; membership; powers.................. SB 404 Health Care Plans; continued access to care; enrollees; definitions......................... SB 73 Health Insurance Plans; education personnel; consider charter school employees; provide...............................................................................................HB 1277 Insuring Georgia's Families Act; health insurance provision; comprehensive revision ............................................................................................ SB 28 Medicaid Care Management Organizations Act; enact........................................HB 1234 State Employees' Health Insurance Plan; consumer choice options; revise a provision ............................................................................................................HB 1328 HEALTH PLANNING; CERTIFICATE OF NEED Certificate of Need Program; exempt continuing care retirement communities; certificate of need requirements; certain conditions........................ SB 539 Certificate of Need Program; prisons and other secure correctional institutions; exempt.................................................................................................HB 967 Certificate of Need Program; provide for extensive revision; definitions; declaration of policy for state health planning; Health Strategies Council ............ SB 433 Certificate of Need Reformation Act; extensive revision of the certificate of need program...................................................................................................... SB 164 Certificate of Need; revise definition of "new institutional health service"........... SB 189 Health Planning; exemptions; acute cancer hospitals .............................................. SB 53 State Health Planning/Development; revise certain definitions; change exemptions.............................................................................................................. SB 296 State Health; skilled nursing facilities, intermediate care facilities, and intermingled nursing facilities may be allowed to divide; conditions.................... SB 490 HENRY COUNTY Henry County Development Authority Act; compensate authority members; provide alternative procedure ..............................................................HB 1487 Henry County State Court; additional judge; provide..........................................HB 1099 Henry County, State Court of; provide for additional judge; appointment of initial judge; election of successors.................................................................... SB 390 PFC Robert Adrian Worthington Memorial Highway; Henry County; dedicate; condolences to family and friends........................................................... SR 733 INDEX 5337 Spencer Reid Henry County Reservoir Act............................................................ SB 321 HIAWASSEE Hiawassee, City of; ad valorem tax; municipal purposes; provide homestead exemption .............................................................................................HB 935 HIGHWAYS, BRIDGES, AND FERRIES Billy Lancaster Memorial Highway; dedicate........................................................HR 423 Bohler, Dr. Charles Emory; designate portions of SR 26 ......................................HR 146 C.C. Perkins Memorial Highway; Carroll County; dedicate.................................. SR 454 Clint H. Bryant Memorial Bridge; designate.......................................................... SR 486 Contracts; design-build procedure; eliminate the cap for awarding ...................... SB 411 Design-Build Contracts; standard for award; change...........................................HB 1124 Driver Education Training Requirements; home schooling program; provisions................................................................................................................HB 969 Economic Development, Department of; agricultural tourist attractions; provisions..............................................................................................................HB 1088 Eddie Wiggins Bridge; Houston County; dedicate ................................................ SR 104 Edward Sidney "Dick" Chambers Memorial Highway; dedicate ..........................HR 321 Erk Russell Highway; designate portions of SR 26 ...............................................HR 147 General Bill Livsey Highway; Fayette County; dedicate....................................... SR 980 Georgia Aviation Authority Act; create ................................................................. SB 290 Georgia Coordinating Council for Rural and Human Services Transportation; establish; provide for membership, meetings, expenses............... SB 402 Georgia State Indemnification Commission; composition; define certain terms ....................................................................................................................... SB 254 Georgia Transportation Infrastructure Bank Act; enact .......................................HB 1019 Hospitality Highway; dedicate GA 400..................................................................HR 195 Hubert F. Comer Memorial Bridge; Berrien County; dedicate.............................. SR 815 Jere Ayers Parkway; Madison County; dedicate.................................................... SR 716 Joel A. Katz Parkway; Fulton County; dedicate................................................... SR 1055 John Paul Ellis Highway; dedicate ......................................................................... SR 404 Korean War Veterans Memorial Highway; Muscogee, Bibb, and Glynn; dedicate ................................................................................................................... SR 720 L. M. Moye, Jr. Memorial Bridge; Stewart County; dedicate.................................. SR 63 Leonard R."Nookie" Meadows Memorial Highway; Meriwether County; dedicate ................................................................................................................. SR 1035 Local Government Franchising Authority; change certain provisions; telephone/telegraph companies............................................................................... SB 408 Local Government Franchising Authority; comprehensive revision of provision; power of eminent domain by telegraph/telephone; provisions ............. SB 379 Local School Districts; rail crossings without active warning devices used ........ SB 371 5338 INDEX by school buses; reroute buses to minimize use of such crossings ................ Lucious Murphy Jacobs Bridge; Berrien County; dedicate ................................... SR 813 MARTA; allow a transportation services contract to authorize the extension of/addition to the Authority's existing rail system ................................. SB 332 Mason Varner Memorial Highway; Paulding/Cobb County; dedicate ................ SR 1071 MIA/KIA Bryant H. Roberts, SFC Memorial Bridge; dedicating ......................... SR 298 Motor Fuel Taxes; funds appropriated; adequate system of public roads/bridges; transportation purposes ................................................................... SR 341 Outdoor Advertising Signs; height limitations; conditions for lowering of existing signs .......................................................................................................... SB 256 Paul Keenan Parkway; Dougherty County; dedicate ............................................. SR 229 PFC David G. Bryan Memorial Highway; White/Lumpkin County; dedicate ................................................................................................................. SR 1069 PFC Elwood W. Odom Memorial Bridge; dedicating ........................................... SR 297 PFC Robert Adrian Worthington Memorial Highway; Henry County; dedicate; condolences to family and friends........................................................... SR 733 POW Fred L. Belcher Memorial Bridge; dedicating.............................................. SR 299 Railroad Grade Crossings; active warning devices; define; provisions .................HB 426 Ralph Lively Memorial Highway; dedicate ...........................................................HR 531 Roads; collections, expenditures and exemptions with respect to revenue; change certain provisions ....................................................................................... SB 233 Sergeant William Morgan Callahan; Taylor County; dedicate a bridge .............. SR 1029 Shellie W. Parrish Memorial Bridge; Berrien County; dedicate............................ SR 812 State Highway System; certain portions; dedicate .................................................HR 468 State Highway System; certain portions; dedicate ...............................................HR 1023 State Road/Tollway Authority; authorize to create a state congestion relief fund; community improvement districts ....................................................... SB 410 Transportation Commissioner; required to develop/publish benchmarks; issue reports on the progress of construction projects............................................ SB 417 Transportation Commissioner; required to file reports on matters of interest to General Assembly................................................................................HB 1123 Transportation, Department of; dispose of surplus property.................................. SB 444 Transportation, Department of; require commissioner to file report on State-wide Strategic Transportation Plan .............................................................HB 1189 Transportation, Department of; utility facilities; provisions ................................HB 1026 Vehicle Weight/Load; allow operator to comply with weight requirements by shifting/equalizing on all wheels ................................................. SB 284 Veterans Memorial Highway; Carroll County; dedicate........................................ SR 453 Virgil T. Barber Bridge; Berrien County; dedicate ................................................ SR 814 Walter E. "Eddie" Elder Interchange; Barrow County; dedicate .............................HR 14 Weight of Vehicles/Loads; concrete haulers; provisions .......................................HB 981 William Harvey Jewell, Sr. Memorial Bridge; Berrien-Atkinson County; dedicate ................................................................................................................... SR 811 INDEX 5339 HOLIDAYS AND OBSERVANCES Alzheimer's Awareness Day; designate; establish the State Alzheimer's Disease Commission; membership; duties; annual report...................................... SB 546 Confederate Heritage and History Month; create................................................... SB 283 Georgia Day; observe February 12; annually.........................................................HB 387 Quality Basic Education Act; Veterans Day; revise provisions...........................HB 1286 School Bus Drivers Appreciation Day; declare......................................................HB 791 HOLLY SPRINGS, CITY OF Holly Springs, City of; ad valorem tax; provide homestead exemption ..............HB 1271 HOME SCHOOLS Driver Education Training Requirements; home schooling program; provisions................................................................................................................HB 969 HOPE Scholarships; home study course; provisions .............................................HB 152 HOMEOWNER TAX RELIEF GRANTS Georgia Forest Land Protection Act of 2008; enact .............................................HB 1211 Local Government; homeowner tax relief grant notification; provisions ..............HB 354 HOSPITALS AND OTHER HEALTH CARE FACILITIES Certificate of Need Program; exempt continuing care retirement communities; certificate of need requirements; certain conditions........................ SB 539 Certificate of Need Program; provide for extensive revision; definitions; declaration of policy for state health planning; Health Strategies Council ............ SB 433 Community Health, Department of; powers, duties and functions; change certain provisions...................................................................................................... SB 78 Coverdell-Murphy Act; enact; establish a two level system of certified stroke centers; definitions ....................................................................................... SB 549 Georgia Building Authority; general provisions; operational powers ................... SB 130 Health; revise definition for personal care home; provide guidelines/oversight of host homes ........................................................................ SB 469 Hospital Authorities; contract with nonprofit corporations; require ....................HB 1299 Hospital Authorities; vacancies; General Assembly; change by local act .............HB 151 Hospital; acquisitions; notice to the Attorney General; change certain provisions................................................................................................................ SB 134 Hospitals; discount payment/charity care for financially qualified patients; maintain written policies; provide eligibility criteria............................... SB 229 Hospitals; offer certain vaccinations to inpatients 65 years or older; require ...................................................................................................................HB 1105 Human Resources, Department of; owners of personal care homes; national criminal history background data; definitions ........................................... SB 51 Medical Care Professionals; providing services at free health clinics; receive compensation.............................................................................................. SB 346 5340 INDEX Public Hospital Integrity Act; certain individuals shall not serve on hospital authority board managing a hospital on behalf of a hospital authority.................................................................................................................. SB 353 Whistleblower Open Settlements Act; prohibit hospital authority; confidential settlement agreements; federal/state whistleblower ........................... SB 503 HOTELS, MOTELS, INNS, AND ROADHOUSES Excise tax; rooms, lodgings, and accommodations; provide comprehensive revision ........................................................................................HB 1168 HOUSE OF REPRESENTATIVES Adjournment; relative to.......................................................................................HR 1021 Adjournment; relative to.......................................................................................HR 1225 Adjournment; relative to.......................................................................................HR 1556 House and Senate; certain committees; amend Official Code of Georgia Annotated references ................................................................................................HB 98 House Convened; notify Senate ...........................................................................HR 1018 HOUSING Bonds; issuance/validation; change certain provisions .......................................... SB 397 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 State Licensing Board of Home Inspectors; create ................................................ SB 334 State Licensing Board of Home Inspectors; create; membership .......................... SB 485 HOUSTON COUNTY Eddie Wiggins Bridge; Houston County; dedicate ................................................ SR 104 HUMAN RESOURCES, DEPARTMENT OF Children's Transition Care Centers; definitions; revise and add new ....................HB 984 Chronic Kidney Disease Task Force; establishment; develop a plan for education; membership; duties/responsibilities........................................................ SB 45 Human Resources, Department of; child support collections fees; authorize .................................................................................................................HB 156 Human Resources, Department of; owners of personal care homes; national criminal history background data; definitions ........................................... SB 51 Human Resources, Department of; state diabetes coordinator; establish; provide for appointment; duties.............................................................................. SB 505 Human Resources, Department of; submission of data relating to individual's employer; state funded/administered health care program ................ SB 304 Insuring/Indemnification; Commissioner of Administration Services; amend certain provisions; establish incentive programs ........................................ SB 425 Mental Health; office of disability services ombudsman; create ...........................HB 535 INDEX 5341 Solid Waste Management; land disposal sites; permits from Department of Natural Resources; change certain provisions .................................................. SB 221 I INCOME TAX Charter School Capital Finance Act; enact.............................................................HB 831 Education; student scholarship organizations; provisions....................................HB 1133 Georgia Higher Education Savings Plan; certain provisions; revise and change ...................................................................................................................HB 1014 Income Tax Credit; businesses; jobs in less developed areas; change provisions..............................................................................................................HB 1273 Income Tax Credit; certain business enterprises; include broadcasting...............HB 1246 Income Tax Credit; certified rehabilitation of historic structures; increase amount ....................................................................................................................HB 851 Income Tax Credit; provide adoption of a qualified foster child; conditions/limitations ...........................................................................................HB 1159 Income Tax Credit; provide certain wood residuals...............................................HB 670 Income Tax Credit; qualified film, video, or digital productions; revise and change ............................................................................................................HB 1100 Income Tax Credit; qualified investment; Seed-Capital Fund; provisions ..........HB 1196 Income Tax Credit; qualified low-income buildings; change certain provisions................................................................................................................HB 405 Income Tax Credit; real property donations; change certain provisions..............HB 1274 Income Tax Credit; solar energy technology manufacturing facilities; provide ..................................................................................................................HB 1249 Income Tax Credit; teleworking; extend time period...........................................HB 1244 Income Tax; change certain definitions................................................................HB 1079 Income Tax; exempt organizations; change provisions .......................................HB 1151 Income Tax; federal obligations; taxable income; revise provisions .....................HB 441 Military Scholarships; provide for children of persons killed/disabled as a result of combat wound; define terms; taxable net income.................................... SB 196 State Insurance Premium Taxes; certain insurance products; exempt ...................HB 977 Taxation; real estate investment trusts; dividends; clarify state conformity ..........HB 447 INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES Georgia State Indemnification Commission; composition; define certain terms ....................................................................................................................... SB 254 Insuring/Indemnification; Commissioner of Administrative Services; amend certain provisions; establish incentive programs ........................................ SB 425 State Government; clarify meaning of criminal action; replace Department of Administrative Services with Office of Treasury/Fiscal Services................................................................................................................... SB 175 5342 INDEX INDIGENT AND ELDERLY PATIENTS Certificate of Need Program; provide for extensive revision; definitions; declaration of policy for state health planning; Health Strategies Council ............ SB 433 'Health Share' Volunteers in Medicine Act; definitions; revise certain provisions..............................................................................................................HB 1222 Indigent/Elderly Patients; establish safety net clinic grant program; provide definitions; purpose; eligibility; requirements .......................................... SB 395 Licensed Ambulance Services; collection of license fees; amend certain provisions; Indigent Care Trust; report use to General Assembly ......................... SB 479 Medicaid Care Management Organizations Act; enact........................................HB 1234 INDIGENT DEFENSE ACT Circuit Public Defender; change composition of selection panels; removal; terms ........................................................................................................ SB 140 Circuit Public Defenders; may hire additional personnel; authorized by local law.................................................................................................................. SB 142 Georgia Public Defender Standards Council; change composition ....................... SB 141 Indigent Defense; revise matters; senior judges; change certain provisions........HB 1245 Judicial Circuits; alternative delivery systems; provide for funding...................... SB 143 Superior Courts; specify costs not be considered contingent expenses ................... SB 67 INFRASTRUCTURE DEVELOPMENT DISTRICTS Local Government; provide for the establishment of ethics panels ....................... SB 372 INSTITUTE FOR COMMUNITY BUSINESS DEVELOPMENT Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date.......................................... SB 344 INSURANCE Assignments, Committee on; powers, duties; change provisions; transfer of power .................................................................................................................... SB 76 Driver Services, Department of; add approved virtual courses; under the age of 25 years ........................................................................................................ SB 166 Financial Institutions; provide for guaranteed asset protection waivers; scope; purposes; definitions; requirements for offering......................................... SB 541 Generic Drugs; health insurance coverage; provisions ..........................................HB 367 Georgia Affordable HSA Eligible High Deductible Health Plan; Insurance Commissioner; adopt policies to promote, approve, and encourage................................................................................................................ SB 383 Georgia Affordable HSA Eligible High Deductible Health Plan; Insurance Commissioner; adopt policies to promote, approve, and encourage................................................................................................................ SB 383 Georgia Consumer Driven Health Insurance Plan; provide for development of plans by the Commissioner of Insurance...................................... SB 153 INDEX 5343 Georgia Health Marketplace Act; provide access to health care products for Georgia consumers; provide for definitions; membership; powers.................. SB 404 Georgia Health Security Underwriting Authority; create; alternative mechanism coverage for the availability of individual health insurance ............... SB 151 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 Group Insurance Benefits; pursuant to Title 20 and Title 45; U.S. Internal Revenue Code......................................................................................................... SB 144 Health Care Plans; continued access to care; enrollees; definitions......................... SB 73 Health Insurance; comprehensively revise the laws of Georgia ............................ SB 241 Income Tax Credit; qualified low-income buildings; change certain provisions................................................................................................................HB 405 Insurance Commissioner; waive retaliatory obligations, prohibitions or restrictions under certain circumstances; provide exceptions ................................ SB 213 Insurance Companies; software as admitted asset when determining financial condition .................................................................................................. SB 347 Insurance Contracts; corporations; employees covered; change minimum number ..................................................................................................................HB 1221 Insurance; appointment of agents by authorized insurer before licensing background checks.................................................................................................. SB 113 Insurance; authorize agents to charge/collect certain fees; provide for keeping records of such fees; separate receipts ...................................................... SB 183 Insurance; definitions; include plan administrators in prompt pay requirements ........................................................................................................... SB 109 Insurance; group life policy coverage; remove participation requirement.............HB 864 Insurance; imposition of fees/taxes for services provided by counties/municipal; contravention of public policy ............................................... SB 348 Insurance; include contracts, agreements; removal of dents in motor vehicle; within definition of property insurance..................................................... SB 518 Insurance; limit coverage; uninsured motorist provision to automobile/motor vehicle policies; exclude umbrella and excess liability policies.................................................................................................................... SB 276 Insurance; policies; languages other than English; provide ...................................HB 472 Insurance; prohibit prior authorization for a prescription drug which manufacturer provides to community pharmacy; definitions................................. SB 338 Insurance; provide for filing requirements for health insurance rates; change definitional limits of small groups ............................................................. SB 380 Insurance; provide regulator financial examinations of domestic insurers every five years....................................................................................................... SB 471 Insurance; religious nonprofit organization; health care cost sharing arrangement with its members; definitions ............................................................ SB 504 Insurance; require all insurers authorized to do business in this state shall publish certain information on annual basis ........................................................... SB 468 5344 INDEX Insurance; third party's lienholder; provisions .......................................................HB 673 Insuring Georgia's Families Act; health insurance provision; comprehensive revision ............................................................................................ SB 28 Life Settlements Act; license requirements for providers/brokers ......................... SB 499 Medicaid Care Management Organizations Act; enact........................................HB 1234 Motor Vehicle Accident Reparations; valid certificate of self-insurance in another state qualify as self-insurer in this state..................................................... SB 192 Motor Vehicle Liability Policies; provide insured includes officers, agents, and employees of artificial persons; scope of their employment ............... SB 392 Motor Vehicles; fleet vehicles with valid insurance; wrongfully towing; provide penalty .....................................................................................................HB 1235 Multiple Employer Self-Insured Health Plans; certain institutions; provisions ...............................................................................................................HB 544 Pharmacists/Pharmacies; submit certain performance and cost data to Department of Community Health ......................................................................... SB 150 Property and Casualty Actuarial Opinion Law; provide for submission of annual statement ..................................................................................................... SB 470 School Districts; agree to assist employees in qualified investment plan; define certain terms; provide for certain offenses/penalties .................................... SB 47 State Employees' Health Insurance Plan; consumer choice options; revise a provision ............................................................................................................HB 1328 State Insurance Premium Taxes; certain insurance products; exempt ...................HB 977 INSURERS Driver Services, Department of; add approved virtual courses; under the age of 25 years ........................................................................................................ SB 166 Georgia Health Marketplace Act; provide access to health care products for Georgia consumers; provide for definitions; membership; powers.................. SB 404 Georgia Health Security Underwriting Authority; create; alternative mechanism coverage for the availability of individual health insurance ............... SB 151 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 Insurance Companies; software as admitted asset when determining financial condition .................................................................................................. SB 347 Insurance; imposition of fees/taxes for services provided by counties/municipal; contravention of public policy ............................................... SB 348 Insurance; include contracts, agreements; removal of dents in motor vehicle; within definition of property insurance..................................................... SB 518 Insurance; limit coverage; uninsured motorist provision to automobile/motor vehicle policies; exclude umbrella and excess liability policies.................................................................................................................... SB 276 Insurance; provide for filing requirements for health insurance rates; change definitional limits of small groups ............................................................. SB 380 INDEX 5345 Insurance; third party's lienholder; provisions .......................................................HB 673 Insuring Georgia's Families Act; health insurance provision; comprehensive revision ............................................................................................ SB 28 Motor Vehicle Liability Policies; provide insured includes officers, agents, and employees of artificial persons; scope of their employment ............... SB 392 School Districts; agree to assist employees in qualified investment plan; define certain terms; provide for certain offenses/penalties .................................... SB 47 State Insurance Premium Taxes; certain insurance products; exempt ...................HB 977 INTANGIBLE TAXATION State Health Planning/Development; revise certain definitions; change exemptions.............................................................................................................. SB 296 INTEREST AND USURY Judicial Accounting; add a penalty, late fees, and interest for failure to remit certain funds/reports to authority .................................................................. SB 266 Pawnbrokers; provide for different treatment of title pawn transactions; change definitions; reductions in interest/fees; notice............................................ SB 545 IRWIN COUNTY Irwin County; Board of Commissioners; staggered elections; provide................HB 1127 J JACKSON COUNTY Jackson County; school district ad valorem tax; certain residents; provide homestead exemption ...........................................................................................HB 1332 JACKSON, WILLIAM (BILL); oath of office...................................................... Page 39 JAILS Drivers' Licenses; requirement; driving while license suspended/revoked; change certain provision ......................................................................................... SB 350 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 JASPER COUNTY Jasper County; board of commissioners; consolidate amendatory Acts into one Act...........................................................................................................HB 1466 Jasper County; tax commissioner; compensation; change certain provisions................................................................................................................ SB 494 5346 INDEX JEFFERSON COUNTY Public Property; conveyance; 10 counties............................................................ SR 1012 JEFFERSON, CITY OF Jefferson, City of; school district ad valorem tax; certain residents; provide homestead exemption ..............................................................................HB 1333 JOHNSON, SENATOR ERIC; addressed the Senate............................................ Page 50 JUDGES Alcovy, Atlanta and Brunswick Judicial Circuits; provide additional judge .....................................................................................................................HB 1163 Georgia Judicial Retirement System; creditable service; superior court judges and district attorneys; provisions ................................................................HB 545 Indigent Defense; revise matters; senior judges; change certain provisions........HB 1245 State Officials; certain justices and judges; increase annual salaries .....................HB 119 JUDICIAL ACCOUNTING Judicial Accounting; add a penalty, late fees, and interest for failure to remit certain funds/reports to authority .................................................................. SB 266 JUDICIAL RETIREMENT SYSTEM Administrative Services Department; remove/transfer functions; Council of Superior Court Judges of Georgia, Prosecuting Attorneys' Council.................. SB 396 Georgia Judicial Retirement System; creditable service; superior court judges and district attorneys; provisions ................................................................HB 545 Georgia Judicial Retirement System; superior court judges/district attorneys; retirement benefits; change provision.................................................... SB 330 JURIES Court Bailiffs; maximum per diem; eliminate......................................................HB 1086 Death Penalty; jury findings; aggravating circumstance; change provisions................................................................................................................HB 185 Grand Juries; certain individuals not qualified to serve as grand jurors ................ SB 216 Jury Duty; primary caregiver of certain persons; provide exemption ...................HB 188 JUVENILE JUSTICE, DEPARTMENT OF Juvenile Justice, Department of; provide for Office of Runaway Children Assistance; duties/structure .................................................................................... SB 270 JUVENILE PROCEEDINGS Children and Family Service Strengthening Act of 2008; enact..........................HB 1054 Deprived Juveniles; consideration of in-state/out-of-state placements for children; permanency plan hearings; procedural safeguards.................................. SB 293 INDEX 5347 Judges; compensation/grants for judicial salaries; change certain provisions................................................................................................................ SB 223 Juvenile Courts; deprived child; permanent guardian; grant jurisdiction ............HB 1040 Juvenile Justice, Department of; provide for the cost of care/support of children in temporary custody of the department................................................... SB 365 Juvenile Justice; Department of; provide for Office of Runaway Children Assistance; duties/structure .................................................................................... SB 270 Juvenile Proceedings; Department of Human Resources emergency care/supervision to a child without a court order; reduce allowed time................. SB 415 Juvenile Proceedings; prohibit universal mental health testing/psychiatric screening of juveniles; definitions.......................................................................... SB 277 Juvenile Proceedings; redefine a term; provide public school disciplinary actions against students; terroristic threats against public school .......................... SB 521 O.C.G.A.; correct errors/omissions ........................................................................ SB 455 Personnel/Merit System; define classified/unclassified service; employees; change certain provisions .................................................................... SB 265 Proceedings; juvenile deprivation hearings shall not be closed; except upon written application of parents ........................................................................ SB 278 State Personnel Board/Merit System; define classified/unclassified service ..................................................................................................................... SB 230 K KENNESAW, CITY OF Kennesaw, City of; corporate city limits; change provisions...............................HB 1304 Kennesaw, City of; Internet services within the city; provide for the provision ...............................................................................................................HB 1430 L LABOR AND INDUSTRIAL RELATIONS Farm Laborers; provide a definition....................................................................... SB 239 Insurance; definitions; include plan administrators in prompt pay requirements ........................................................................................................... SB 109 Insurance; prohibit prior authorization for a prescription drug which manufacturer provides to community pharmacy; definitions................................. SB 338 Labor, Department of; program of mandatory drug testing of applicants for unemployment benefits; review; define certain terms ...................................... SB 268 Labor; minimum wage law; substantive/comprehensive reform of provisions.................................................................................................................. SB 13 5348 INDEX Labor; prompt payment of wages to employee following resignation/discharge; provide for penalties........................................................... SB 403 Minimum Wage Law; substantive and comprehensive reform; provisions...........HB 845 State Agencies; designate English as official language; prohibit requiring employees to speak/learn any other languages for employment ............................ SB 335 Subsequent Injury Trust Fund; assessment payments; change certain provisions..............................................................................................................HB 1186 LAMAR COUNTY Lamar County; Joint Board of Elections and Registration; revise composition of board ............................................................................................HB 1471 Lamar County; Water and Sewer Authority; provisions......................................HB 1472 State Properties Commission; enter into dispute agreements; real property in Butts, Lamar, and Monroe Counties; authorize ..............................................HR 1310 LAVONIA, CITY OF Lavonia, City of; corporate limits; change and extend.........................................HB 1375 LAW ENFORCEMENT OFFICERS AND AGENCIES Administrative Services Department; remove/transfer functions; Council of Superior Court Judges of Georgia, Prosecuting Attorneys' Council.................. SB 396 Counties; municipal corporations; prohibit sanctuary policies by local government entities................................................................................................. SB 340 Employees' Retirement System; narcotics agents; purchase prior service.............HB 209 Fleeing and Law Enforcement Pursuits; create Senate Study Committee ........... SR 1147 Forestry/Fire; enforcement of laws; punishment of certain violations; forestry investigators; provide for qualifications/powers....................................... SB 400 General Assembly; budgetary functions; reflect changes ......................................HB 529 Georgia Bureau of Investigation; establish the Georgia MethCheck data base; statement of purpose; definitions .................................................................. SB 457 Georgia Crime Information Center; publication of statistics; revise provisions................................................................................................................ SB 274 Georgia Peace Officers Standards and Training Council; certified investigators; salary increases .................................................................................. SB 36 Georgia Ports Authority; employees; power of arrest; peace officers; require .....................................................................................................................HB 218 Human Resources, Department of; owners of personal care homes; national criminal history background data; definitions ........................................... SB 51 Identity Fraud; provide Georgia Bureau of Investigation authority to investigate certain offenses; subpoena power ........................................................ SB 388 Juvenile Justice, Department of; provide for Office of Runaway Children Assistance; duties/structure .................................................................................... SB 270 Law Enforcement Officers; passenger motor vehicle; Georgia State Prison warden; furnished by Department of Public Safety .................................... SB 108 INDEX 5349 Mattie's Call Act; revise/redesignate Article 7 ....................................................... SB 202 Natural Resource Law Enforcement Officer; establish office; provide for the appointment; coverage for general liability/fidelity bonds; provisions............ SB 377 Out-of-state Law Enforcement Officers; arrest certain offenders; provide............HB 983 Peace Officer; procedure for indictment for crimes in the performance of his/her duties; change provisions............................................................................ SB 448 Peace Officers; emergency suspension of a peace officer's certification under circumstances; interviews for employment; modify requirements .............. SB 373 Public Safety, Department of; sell and purchase of motor vehicles; allow commissioner..........................................................................................................HB 368 Retirement System; Department of Public Safety; may elect to pay additional employee contribution; certain members .............................................. SB 127 Technical/Adult Education, Department of; change name to Technical College System of Georgia..................................................................................... SB 435 Weapons; crime or delinquent act; provisions .......................................................HB 333 LAWRENCEVILLE, CITY OF Lawrenceville, City of; Redevelopment Powers Law; authorize...........................HB 520 Lawrenceville, City of; Redevelopment Powers Law; authorize.........................HB 1007 LAWS AND STATUTES Livestock; remove ratites/reclassify as poultry for certain purposes; definitions; brand or tattoo registration certificates; provisions............................. SB 364 Personnel/Merit System; define classified/unclassified service; employees; change certain provisions .................................................................... SB 265 State Personnel Board/Merit System; define classified/unclassified service ..................................................................................................................... SB 230 LEAD POISONING PREVENTION Childhood Lead Exposure Control Act; confirmed lead poisoning; revise definition...............................................................................................................HB 1043 LEE COUNTY Robert S. "Bob" Boney State Prison; dedicate .....................................................HR 1427 LIBERTY COUNTY Liberty County School District; ad valorem tax; property's base year assessment; provide certain restrictions ...............................................................HB 1167 Liberty County State Court; judge; full-time office; establish.............................HB 1011 Liberty County State Court; solicitor-general; change compensation .................HB 1010 Liberty County; ad valorem tax; property's base year assessment; provide certain restrictions.................................................................................................HB 1166 5350 INDEX LIBRARIES, LIBRARIANS Government; State Law Library; repeal chapter 11 ............................................... SB 482 State Properties Commission; authorizing and empowering; convey certain state owned real property located in Augusta, Georgia................................ SR 25 LICENSE PLATES AND REGISTRATION Authentic Historical Georgia License Plates; definition; increase time period ......................................................................................................................HB 931 Georgia Trauma Care Network Commission; certain reports/funds; provisions..............................................................................................................HB 1158 License Plates; driver's license; issuance; payment/disposition of fees; proof of citizenship ................................................................................................... SB 25 License Plates; revenue commissioner entitled to seize the license plates; vehicle's registration has been revoked/canceled .................................................. SB 260 Motor Vehicles; assembled; registration and licensing; provide ...........................HB 950 Motor Vehicles; license/registration; false statement in application; penalties ...................................................................................................................... SB 4 Motor Vehicles; provide for definitions relative to motor carriers; registration/licensing of assembled motor vehicles................................................ SB 437 Motor Vehicles; provide imposition of fee by motor vehicle rental companies; definitions; procedures, conditions and limitations............................. SB 181 Motor Vehicles; registration and title records; allow certain persons access ......................................................................................................................HB 945 Natural Resource Law Enforcement Officer; establish office; provide for the appointment; coverage for general liability/fidelity bonds; provisions............ SB 377 Persons with Disabilities; special parking permits and license plates; change certain provisions .......................................................................................HB 961 Revenue Department; parking permit for disabled persons; affidavit of active duty military physicians ............................................................................... SB 369 Special License Plate; persons with disability; provide for issuance; business vehicles used by disabled employees....................................................... SB 517 Special License Plates; firefighters; provisions....................................................HB 1220 Special License Plates; recognizing institutions of higher education; located outside the issuing state; provide reciprocity agreements between states .....................................................................................................................HB 1165 Special License Plates; soccer; provide..................................................................HB 963 LIEUTENANT GOVERNOR CASEY CAGLE Addressed the Senate............................................................................................. Page 47 Renamed Public Safety and Homeland Security to Public Safety ........................ Page 52 Renamed Veterans and Military Affairs to Veterans, Military and Homeland Security ................................................................................................ Page 52 INDEX 5351 LIFE SETTLEMENTS ACT Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 Life Settlements Act; license requirements for providers/brokers ......................... SB 499 LIMITED LIABILITY COMPANY ACT Business Corporations; change provisions relating to corporate code; provide for certain filing fees for late filing of annual registration........................ SB 436 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 LIVESTOCK Agriculture, Department of; assigned functions; enforcement of state laws; control of infectious diseases in livestock; change provisions ..................... SB 429 Deer Farming; revise certain provisions; alternative livestock farming; provide for regulation ............................................................................................. SB 528 Livestock; remove ratites/reclassify as poultry for certain purposes; definitions; brand or tattoo registration certificates; provisions............................. SB 364 LOCAL GOVERNMENT Ad Valorem Taxes; prohibit county from levying within a municipality as special services districts ..................................................................................... SR 248 Alcoholic Beverages; any county which Sunday sale is authorized; may authorize the sale in public stadiums, coliseums, and auditoriums........................ SB 454 Counties/ Municipal Corporations; prohibit sanctuary policies by local government entities................................................................................................. SB 340 Counties/Municipal Corporations; shall not charge a business license fee or administrative fee to certain disabled veterans .................................................. SB 447 Counties/Municipal Corporations; unlawful to issue any backdated license, permit; provide for criminal penalties ....................................................... SB 477 Counties/Municipalities; local boards of education; authorize to use tax funds for redevelopment purposes/programs ......................................................... SR 996 County/Municipal Corporations; authorizing documents; provisions ...................HB 975 Downtown Development Authorities; directors; provisions................................HB 1126 Forest Park, City of; authorize to exercise all redevelopment/other powers; provide referendum ................................................................................... SB 302 Georgia Forest Land Protection Act of 2008; enact .............................................HB 1211 Georgia Townships Act; creation ............................................................................ SB 89 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 Land Conservation Projects; certain provisions; redesignate and extensively revise..................................................................................................HB 1176 5352 INDEX Local Government Franchising Authority; change certain provisions; telephone/telegraph companies............................................................................... SB 408 Local Government; certain contracts shall be honored by municipalities; definitions; place certain requirements on solid waste collection firms................. SB 154 Local Government; homeowner tax relief grant notification; provisions ..............HB 354 Local Government; provide for additional governmental services/facilities regarding community improvement districts............................. SB 362 Local Government; provide for the establishment of ethics panels ....................... SB 372 Local Government; special districts divided into noncontiguous areas; certain excess funds; provide additional requirements.........................................HB 1015 Local Government; subrecipients/units; liability; clarify certain provisions................................................................................................................ SB 281 Military, Emergency & Veterans Affairs; local redevelopment authorities; confer powers/impose duties; provide for membership; appointment ............................................................................................................ SB 542 Municipal and County Recreation Systems; minimum and maximum tax; provisions..............................................................................................................HB 1024 Municipal Option Sales Tax Act; enact..................................................................HB 410 Municipal; deannexation; repeal certain provisions............................................... SB 110 Municipalities; change certain local government provisions ................................... SB 83 Pawnbrokers; restrict local governments' power; payment of any fee for transactions/hours of operation............................................................................... SB 393 Redevelopment Powers; computation of tax allocation increments of districts.................................................................................................................... SB 493 Redevelopment Powers; require training; provide for scope of review of proposed tax allocation districts by boards of education........................................ SB 376 Sales/Use Taxes; maintenance/operation of public hospitals; authorize imposition of a joint county/municipal sales/use tax ............................................. SB 530 State Agencies; designate English as official language; prohibit requiring employees to speak/learn any other languages for employment ............................ SB 335 Transferable Development Rights; provide severance.........................................HB 1160 Water Resources; local governments; restrictions; outdoor water use; provisions..............................................................................................................HB 1281 LOTTERY FOR EDUCATION Education Lottery; conditions; provisions..............................................................HB 229 Georgia Lottery Corporation Board of Directors; provide certain duties........................................................................................................... SB 337 Georgia Lottery Corporation Board of Directors; provide certain duties ..............HB 919 HOPE Scholarships; home study course; provisions .............................................HB 152 Lottery for Education Act; define certain terms; provisions ..................................HB 515 Lottery for Education Act; define certain terms; under certain conditions lottery winnings may be assigned; court order....................................................... SB 526 INDEX 5353 LOWNDES COUNTY Public Property; conveyance; 10 counties............................................................ SR 1012 Valdosta-Lowndes County Parks & Recreation Authority; create; authorize to provide parks and recreation services throughout Lowndes County..................................................................................................................... SB 524 LUMPKIN COUNTY Lumpkin County; ad valorem tax; certain residents; provide homestead exemption .............................................................................................................HB 1424 Lumpkin County; board of commissioners; appoint and employ clerk; authorize county manager.....................................................................................HB 1423 Lumpkin County; school district ad valorem tax; certain residents; provide homestead exemption ..............................................................................HB 1425 PFC David G. Bryan Memorial Highway; White/Lumpkin County; dedicate ................................................................................................................. SR 1069 M MACON, CITY OF Macon, City of; provide new charter......................................................................HB 103 MADDEN, EDDIE; addressed the Senate ............................................................ Page 474 MADISON COUNTY Jere Ayers Parkway; Madison County; dedicate.................................................... SR 716 Madison County; board of commissioners; staggered office terms; provide ..................................................................................................................HB 1464 MAGISTRATE COURTS Magistrate Court; certain judgments; clarify appeal procedure .............................HB 958 O.C.G.A.; correct errors/omissions ........................................................................ SB 455 MANAGERIAL CONTROL OVER ACQUISITION OF PROFESSIONAL SERVICES State Purchasing; funds appropriated to state's budget units; dedicated to projects/contracts involving small businesses ........................................................ SB 484 MARIETTA, CITY OF Cobb County-Marietta Water Authority; issuance of negotiable bonds; provide increase in debt limit ...............................................................................HB 1330 Marietta, City of; school board; provide compensation .......................................HB 1223 5354 INDEX MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) MARTA; allow a transportation services contract to authorize the extension of/addition to the Authority's existing rail system ................................. SB 332 MCINTOSH COUNTY McIntosh County; school district ad valorem tax; residents 65 or over; provide homestead exemption ..............................................................................HB 1013 MEDICAL ASSISTANCE AND MEDICAID Katie Beckett Waiver Program; eligibility; certain children; require certain procedures...................................................................................................HB 279 MENTAL HEALTH Community Ombudsman Program; change certain provisions; provide for duties, definitions.................................................................................................... SB 534 Health; revise definition for personal care home; provide guidelines/oversight of host homes ........................................................................ SB 469 Juvenile Proceedings; prohibit universal mental health testing/psychiatric screening of juveniles; definitions.......................................................................... SB 277 Mental Health; office of disability services ombudsman; create ...........................HB 535 Mental Illness; prohibit the use of prior authorization; medications prescribed for patients under Medicaid fee for service program............................ SB 423 State Health Planning/Development; revise certain definitions; change exemptions.............................................................................................................. SB 296 MERIT SYSTEM Personnel/Merit System; define classified/unclassified service; employees; change certain provisions .................................................................... SB 265 State Personnel Board/Merit System; define classified/unclassified service ..................................................................................................................... SB 230 MERIWETHER COUNTY Leonard R."Nookie" Meadows Memorial Highway; Meriwether County; dedicate ................................................................................................................. SR 1035 MIKELL, JUDGE CHARLIE; election certification ........................................... Page 40 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS Emergency Management; licensing of nongovernmental rescue organizations; revise a provision ............................................................................ SB 305 Emergency Management; state-wide first responder building mapping information system; definitions; rule/regulations..................................................... SB 33 INDEX 5355 Georgia Emergency Management Agency Nomenclature Act of 2008; enact ......................................................................................................................HB 1201 Hunting; provide for veterans' lifetime sportsman's license; fees .............................. SB 3 Interstate Compact on Educational Opportunity for Military Children; provide for purpose and policy .............................................................................. SB 345 Mattie's Call Act; revise/redesignate Article 7 ....................................................... SB 202 Military, Emergency & Veterans Affairs; local redevelopment authorities; confer powers/impose duties; provide for membership; appointment ............................................................................................................ SB 542 Superior/State Court Judges; performing ordered military duty; eligible for reelection; qualify by mail, messenger or agent on duty .................................... SB 11 War of 1812 Bicentennial Commission Act; enact ................................................HB 953 MINERAL RESOURCES AND CAVES Martin Luther King, Jr., National Memorial Project Foundation; use Georgia granite; urge ............................................................................................HR 1115 MINORS Alcoholic Beverages; cancellation of licenses to sell upon conviction of providing alcoholic beverages to person under 21 years of age............................. SB 562 Care of a Grandchild Act; provide subsidy to certain grandparents raising grandchildren under certain circumstances .............................................................. SB 88 Child Abuse; county multiagency child fatality review committee; change certain provisions..................................................................................................HB 1051 Child Custody; residing with/marrying a person on state sexual offender registry; constitute a change of material condition/circumstance .......................... SB 550 Child Custody; residing with/marrying a person on state sexual offender registry; constitute a change of material condition/circumstance .......................... SB 550 Children and Family Service Strengthening Act of 2008; enact..........................HB 1054 Children with Disabilities; basic therapy services; establish requirements ...........HB 549 Deprived Juveniles; consideration of in-state/out-of-state placements for children; permanency plan hearings; procedural safeguards.................................. SB 293 Education; provide schools with certain guidelines regarding bullying; submit policy to Department of Education............................................................. SB 461 Evidence; inspections; provisions ........................................................................HB 1020 Hunting; provide for veterans' lifetime sportsman's license; fees .............................. SB 3 Interstate Compact on Educational Opportunity for Military Children; provide for purpose and policy .............................................................................. SB 345 Joint Commercial Sexual Exploitation of Minors Study Commission; create....................................................................................................................... SR 445 Juvenile Justice, Department of; provide for the cost of care/support of children in temporary custody of the department................................................... SB 365 5356 INDEX Juvenile Justice, Department; provide for the cost of care/support of children in temporary custody of the department................................................... SB 365 Juvenile Proceedings; Department of Human Resources emergency care/supervision to a child without a court order; reduce allowed time................. SB 415 Juvenile Proceedings; redefine a term; provide public school disciplinary actions against students; terroristic threats against public school .......................... SB 521 Katie Beckett Waiver Program; eligibility; certain children; require certain procedures...................................................................................................HB 279 Local School Districts; rail crossings without active warning devices used by school buses; reroute buses to minimize use of such crossings ........................ SB 371 Minors; provide availability of parental controls over Internet access .................. SB 474 PeachCare for Kids; provide for imposition of a state/use tax at rate of 1 percent; health care coverage for all Georgia children........................................... SR 361 Quality Basic Education Act; state playoff game; no high school funded under this Act shall be required seating capacity ................................................... SB 336 Sexual Offenders; residency/employment restrictions; repeal certain provisions; photographing a minor; provide for restrictions...................................... SB 1 State Licensed Facilities/Public Buildings; require child safety outlets, covers, or plugs; provide a date of compliance ...................................................... SB 287 MITCHELL COUNTY Mitchell County; Board of Education; members; salary and per diem; change certain provisions .....................................................................................HB 1429 Public Property; conveyance; 10 counties............................................................ SR 1012 MONROE, CITY OF Monroe Area Convention and Visitors Bureau Authority Act; enact ..................HB 1255 MONROE COUNTY Billy Lancaster Memorial Highway; dedicate........................................................HR 423 Monroe County Public Facilities Authority Act; enact ........................................HB 1468 State Properties Commission; enter into dispute agreements; real property in Butts, Lamar, and Monroe Counties; authorize ..............................................HR 1310 MORTGAGES, LIENS, AND SECURITY Foreclosure Rescue Fraud Prevention Act; enact; mortgages, conveyances to secure debt, liens ........................................................................... SB 527 Foreclosure; conduct by the current owner/holder of mortgage; require ............... SB 531 Insurance; third party's lienholder; provisions .......................................................HB 673 Landlord Liens; definitions; provisions..................................................................HB 579 Liens; revise certain time periods of filing materialmen's/mechanics liens; provide for certain notices regarding waiver of liens or claim upon bond............. SB 374 Liens; wrong real estate; provide for a special designation ..................................... SB 64 INDEX 5357 Liquidated Damages; demand; change certain provisions ...................................HB 1093 Mortgage Lenders/Brokers; create a nation-wide automated licensing system; provide Banking/Finance Department participate; rules/regulations...................................................................................................... SB 375 Mortgage Lenders/Brokers; nation-wide automated licensing system; create.......................................................................................................................HB 921 Power of Sale; change the requirement for sending notice .................................... SB 519 Property; mortgages, conveyance to secure debt, liens; disbursement of certain settlement funds after closing; general provisions ..................................... SB 355 Property; power of sale, mailing/delivery of notice to debtor; change requirement for sending such notice....................................................................... SB 465 Property; provide for definition of single-family residential real estate; exemption to certain liens......................................................................................... SB 63 Property; single family residential real estate; contract to perform work; provide requirements ................................................................................................ SB 65 Real Estate Sales; foreclosure; power of sale contained in mortgages, deeds, or lien contracts shall be advertised weekly for ten weeks ......................... SB 459 MOTOR CARRIERS Limousine Carriers; permitting by certain airports; change certain provisions; limit fees............................................................................................... SB 384 Limousine Carriers; provide for licensing to sell alcoholic beverages; annual applications/fees; sticker for each vehicle authorized ................................ SB 385 MOTOR FUEL AND ROAD TAX Sales/Use Tax; transportation purposes in regional commission areas; provide ..................................................................................................................HB 1035 MOTOR VEHICLE AND TRAFFIC Alcoholic Beverages; authorize restaurant patrons; off-premise consumption; resealed partially consumed bottle of wine; uniform rule of road ........................................................................................................................... SB 55 Authentic Historical Georgia License Plates; definition; increase time period ......................................................................................................................HB 931 Brain and Spinal Injury Trust Fund; expand provision under Constitution of Georgia to authorize additional penalty assessments for additional violations................................................................................................................. SB 547 Congress, Governmental Agencies, Automobile Industry; urged to substitute the term "life belt" for "seat belt" and "life bag" for "air bag"............... SR 809 Defensive Driving Courses; alcohol or drug programs; curriculum; provisions..............................................................................................................HB 1027 Driver Education Purposes; traffic law violations; additional penalty; extend expiration date...........................................................................................HB 1037 5358 INDEX Driver Education Training Requirements; home schooling program; provisions................................................................................................................HB 969 Driver's Licenses; abolish Georgia Driver's Education Commission; transfer purposes/duties to State Board of Education............................................. SB 315 Drivers' Licenses; allow foreign nationals to keep license from their home country; exempt nonresidents; meet all licensing requirements in Georgia ................................................................................................................... SB 488 Drivers' Licenses; requirement; driving while license suspended/revoked; change certain provision ......................................................................................... SB 350 Drivers' Licenses; requirements; fees; provisions ................................................HB 1111 Driver's Records; online; Department of Driver Services; charging fee; prohibit......................................................................................................................HB 69 DUI; mandatory sentences; increase ......................................................................HB 336 Financial Institutions; provide for guaranteed asset protection waivers; scope; purposes; definitions; requirements for offering......................................... SB 541 Fines and Forfeitures; county treasuries; provide for payment of certain moneys arising from traffic fines; motorcycle enforcement program.................... SB 356 Firearms; prohibit certain employers from prohibiting employees from lawfully carrying in locked motor vehicles .............................................................. SB 43 Georgia Lemon Law; enact ....................................................................................HB 470 Georgia Revised Uniform Anatomical Gift Act; enactment; definitions; provide for anatomical gift ..................................................................................... SB 405 Georgia Trauma Care Network Commission; certain reports/funds; provisions..............................................................................................................HB 1158 Insurance; imposition of fees/taxes for services provided by counties/municipal; contravention of public policy ............................................... SB 348 Insurance; limit coverage; uninsured motorist provision to automobile/motor vehicle policies; exclude umbrella and excess liability policies.................................................................................................................... SB 276 Juvenile Proceedings; redefine a term; provide public school disciplinary actions against students; terroristic threats against public school .......................... SB 521 License Plates; driver's license; issuance; payment/disposition of fees; proof of citizenship ................................................................................................... SB 25 License Plates; revenue commissioner entitled to seize the license plates; vehicle's registration has been revoked/canceled .................................................. SB 260 Limited Driving Permits; certain offenders; allow issuance ..................................HB 254 Motor Fuel Taxes; funds appropriated; adequate system of public roads/bridges; transportation purposes ................................................................... SR 341 Motor Vehicle Accident Reparations; valid certificate of self-insurance in another state qualify as self-insurer in this state..................................................... SB 192 Motor Vehicle Licensing Requirements; out-of-state students exemption; revise certain provisions .......................................................................................HB 1368 Motor Vehicles; assembled; registration and licensing; provide ...........................HB 950 INDEX 5359 Motor Vehicles; change nomenclature from "air bag" to "life bag" and "safety belt" to "life belt"........................................................................................ SB 412 Motor Vehicles; fleet vehicles with valid insurance; wrongfully towing; provide penalty .....................................................................................................HB 1235 Motor Vehicles; license/registration; false statement in application; penalties ...................................................................................................................... SB 4 Motor Vehicles; provide another basis for first degree vehicular homicide .......... SB 354 Motor Vehicles; provide for definitions relative to motor carriers; registration/licensing of assembled motor vehicles................................................ SB 437 Motor Vehicles; provide imposition of fee by motor vehicle rental companies; definitions; procedures, conditions and limitations............................. SB 181 Motor Vehicles; registration and title records; allow certain persons access ......................................................................................................................HB 945 Motor Vehicles; speed restrictions; instruments charging violations of speed regulations; specify two-lane or highway..................................................... SB 125 Motor Vehicles; traffic-control signal monitoring devices; require permit .............HB 77 Motorcycles; requiring operators/riders to use protective headgear; exempt certain persons from provisions................................................................. SB 409 Natural Resource Law Enforcement Officer; establish office; provide for the appointment; coverage for general liability/fidelity bonds; provisions............ SB 377 Offenses; parking in parking spaces reserved for persons with disabilities; authorize General Assembly to provide additional penalties ............................... SR 1074 Offenses; seizure of motor vehicles by person to facilitate sexual offenses .......... SB 219 Pawnbrokers; provide for different treatment of title pawn transactions; change definitions; reductions in interest/fees; notice............................................ SB 545 Persons with Disabilities; special parking permits and license plates; change certain provisions .......................................................................................HB 961 Public Safety, Department of; sell and purchase of motor vehicles; allow commissioner..........................................................................................................HB 368 Recreational Vehicle Dealers; franchise agreements; change certain provisions................................................................................................................HB 297 Revenue Department; parking permit for disabled persons; affidavit of active duty military physicians ............................................................................... SB 369 Rules of the Road; commit the offense of felony hit and run; provide for offense of homicide by vehicle, vessel; change certain penalties .......................... SB 529 Rules of the Road; motorcycles; provide for certain traffic regulations ................ SB 446 Rules of the Road; serious injury due to right of way violation resulting in a collision; provide for a penalty for a second offense....................................... SB 438 Safety Belts; passenger vehicles; eliminate certain exceptions to the required use............................................................................................................... SB 86 Special License Plate; persons with disability; provide for issuance; business vehicles used by disabled employees....................................................... SB 517 Special License Plates; firefighters; provisions....................................................HB 1220 5360 INDEX Special License Plates; recognizing institutions of higher education; located outside the issuing state; provide reciprocity agreements between states .....................................................................................................................HB 1165 Special License Plates; soccer; provide..................................................................HB 963 Speed Detection Devices; allow use in school zones only; definitions; operating requirements; provide for enforcement .................................................. SB 510 Traffic Accidents; illegal immigrants; seize vehicle; allow law enforcement ............................................................................................................HB 978 Traffic Offenses; fleeing/attempting to elude a pursuing police vehicle; punishment; change provisions ................................................................................ SB 91 Traffic-Control Signal Monitoring Devices; send portion of funds generated to trauma care network........................................................................... SB 394 Uniform Rules; leaving a motor vehicle unattended; repeal Code Section 40-6-201.................................................................................................................. SB 307 MOTORCYCLES Motor Vehicles; assembled; registration and licensing; provide ...........................HB 950 MUNICIPALITIES Downtown Development Authorities; directors; provisions................................HB 1126 Georgia Townships Act; creation ............................................................................ SB 89 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 Local Government Franchising Authority; change certain provisions; telephone/telegraph companies............................................................................... SB 408 Local Government; certain contracts shall be honored by municipalities; definitions; place certain requirements on solid waste collection firms................. SB 154 Local Government; special districts divided into noncontiguous areas; certain excess funds; provide additional requirements.........................................HB 1015 Municipal Option Sales Tax Act; enact..................................................................HB 410 Municipal; deannexation; repeal certain provisions............................................... SB 110 Municipalities; change certain local government provisions ................................... SB 83 Sales/Use Tax; nature center or performing arts amphitheater facility; provide exemption ..................................................................................................HB 413 MURRAY COUNTY Clint H. Bryant Memorial Bridge; designate.......................................................... SR 486 Coosawattee Regional Water and Sewerage Authority Act; enact ........................HB 801 MUSCOGEE COUNTY Korean War Veterans Memorial Highway; Muscogee, Bibb, and Glynn; dedicate ................................................................................................................... SR 720 INDEX 5361 MUSEUMS Sales/Use Tax Exemption; certain properties; change provisions .........................HB 189 N NASHVILLE Nashville, City of; mayor and city council members; provide new terms ...........HB 1485 NATIONAL BLUE KEY HONOR SOCIETY; President Mia Catherine Morgan; addressed the Senate ................................................................................ Page 158 NATURAL GAS Sales/Use Tax; natural or artificial gas sales; provide partial exemption ..............HB 272 NATURAL RESOURCES, DEPARTMENT OF Environmental Advisory Council; applications for certain variances; change certain provisions ....................................................................................... SB 187 Water Conservation and Drought Relief Act; issuance of permits; certifications; construction of new public water supply reservoirs ........................ SB 342 NAVE, JR., VIRGIL; addressed the Senate....................................................... Page 2368 NESBITT, MAJOR GENERAL WILLIAM T.; addressed the Senate........... Page 1569 NEWTON COUNTY Newton County; provide homestead exemption; ad valorem taxes for maintenance/operation of facilities; 65 years/older; terms/conditions................... SB 544 NIEKRO, PHIL; addressed the Senate ................................................................ Page 202 NONPROFIT CORPORATIONS Alcoholic Beverages; nonprofit organizations; issuance of temporary permits; change certain provisions .......................................................................HB 1243 Business Corporations; change provisions relating to corporate code; provide for certain filing fees for late filing of annual registration........................ SB 436 Hospital Authorities; contract with nonprofit corporations; require ....................HB 1299 Sales/Use Tax Exemption; certain nonprofit health centers; sale or use of personal property; provide......................................................................................HB 957 Sales/Use Tax; performing arts centers and amphitheater facilities; nonprofit volunteer health clinics; provide exemption...........................................HB 162 Uniform Prudent Management of Institutional Funds Act; enact ..........................HB 972 5362 INDEX NONRESIDENTS Drivers' Licenses; allow foreign nationals to keep license from their home country; exempt nonresidents; meet all licensing requirements in Georgia ................................................................................................................... SB 488 Traffic Accidents; illegal immigrants; seize vehicle; allow law enforcement ............................................................................................................HB 978 NOTARIES PUBLIC Notaries Public; shall be legal resident of United States; provide penalty............... SB 50 O.C.G.A.; correct errors/omissions ........................................................................ SB 455 NUISANCES Residential/General Contractors; repeal Chapter 41 of such title .......................... SB 171 NURSES Advanced Practice Registered Nurse; revise; provide statutory construction of definition; certified registered nurse anesthetists .......................... SB 215 Advanced Practice Registered Nurses; on-site patient evaluation; provide examination............................................................................................................. SB 253 Georgia Registered Professional Nurse Practice Act; obsolete language; eliminate ...............................................................................................................HB 1041 Ray Biddy and Gene Mullis Act; renal disease facilities and personnel.................. SB 57 Technical/Adult Education, Department of; change name to Technical College System of Georgia..................................................................................... SB 435 O OATH OF OFFICE Jackson, William (Bill) .......................................................................................... Page 39 OGLETHORPE COUNTY Oglethorpe County Water Authority; composition of members; change.............HB 1008 ONEGEORGIA AUTHORITY Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 OPTICIANS Opticians; licensure; practical training; specify certain requirements ...................HB 241 INDEX 5363 P PALMETTO Palmetto, City of; ad valorem taxes; certain residents; provide homestead exemption ...............................................................................................................HB 402 PARDONS AND PAROLES Crime and Sentencing; persons convicted of murder; imposition of life without parole ......................................................................................................... SB 145 Criminal Procedure; allow victim's family to provide statement during the sentencing procedures for person who committed the crime ................................. SB 432 Incarcerated Persons; tested for HIV and hepatitis prior to discharge; provide for notice; counseling ................................................................................ SB 386 Parole Board; certified parole officers employed who leave the board under certain conditions may retain their badges ................................................... SB 502 Uniform Act for Out-of-State Parolee Supervision; repeal ..................................HB 1348 PARENT AND CHILD Parent and Child; legitimation; clarify methods; change provisions......................HB 158 Proceedings; juvenile deprivation hearings shall not be closed; except upon written application of parents ........................................................................ SB 278 PARHAM, SERGEANT RICH; recognize....................................................... Page 1292 PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION Firearms; valid licenses; authorized to possess/carry in state parks, historic sites; hunting; general provisions .............................................................. SB 339 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 Golf Hall of Fame Authority; provide for rights of first refusal to repurchase certain property acquired for purposes of Georgia Golf Hall of Fame ....................................................................................................................... SB 431 Income Tax Credit; certified rehabilitation of historic structures; increase amount ....................................................................................................................HB 851 Jekyll Island-State Park Authority; define certain terms........................................ SB 428 Jekyll Island-State Park Authority; require certain restrictions in leases or deeds for certain property ....................................................................................... SB 427 Sales/Use Tax Exemption; certain properties; change provisions .........................HB 189 Sales/Use Tax; nature center or performing arts amphitheater facility; provide exemption ..................................................................................................HB 413 State-Owned Lands; prohibit construction of new private residential housing; prevent impairment of obligation of contracts......................................... SB 426 5364 INDEX PARTNERSHIPS Business Corporations; change provisions relating to corporate code; provide for certain filing fees for late filing of annual registration........................ SB 436 PATTERSON, LEE; recognize.......................................................................... Page 1550 PAULDING COUNTY Mason Varner Memorial Highway; Paulding/Cobb County; dedicate ................ SR 1071 PEACE OFFICERS ANNUITY AND BENEFIT FUND Peace Officers' Annuity and Benefit Fund; certain persons; provide membership.............................................................................................................HB 732 PEACE OFFICERS; EMPLOYMENT AND TRAINING Administrative Services Department; remove/transfer functions; Council of Superior Court Judges of Georgia, Prosecuting Attorneys' Council.................. SB 396 Forestry/Fire; enforcement of laws; punishment of certain violations; forestry investigators; provide for qualifications/powers....................................... SB 400 Georgia Peace Officers Standards and Training Council; certified investigators; salary increases .................................................................................. SB 36 Georgia Ports Authority; employees; power of arrest; peace officers; require .....................................................................................................................HB 218 Peace Officer; procedure for indictment for crimes in the performance of his/her duties; change provisions............................................................................ SB 448 Peace Officers; emergency suspension of a peace officer's certification under circumstances; interviews for employment; modify requirements .............. SB 373 Retirement System; Department of Public Safety; may elect to pay additional employee contribution; certain members .............................................. SB 127 PENAL INSTITUTIONS Crime and Sentencing; persons convicted of murder; imposition of life without parole ......................................................................................................... SB 145 Criminal Procedure; allow victim's family to provide statement during the sentencing procedures for person who committed the crime ................................. SB 432 Detention; housing state inmates; increase the minimum reimbursement rate paid to counties ................................................................................................ SB 360 Detentions; counties housing state inmates; increase the minimum reimbursement rate .................................................................................................. SB 22 Drivers' Licenses; requirement; driving while license suspended/revoked; change certain provision ......................................................................................... SB 350 Georgia Building Authority; general provisions; operational powers ................... SB 130 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 INDEX 5365 Human Resources, Department of; owners of personal care homes; national criminal history background data; definitions ........................................... SB 51 Incarcerated Persons; tested for HIV and hepatitis prior to discharge; provide for notice; counseling ................................................................................ SB 386 Inmates; telecommunications devices; prohibit receiving/possessing; provide definition.................................................................................................... SB 366 Parole Board; certified parole officers employed who leave the board under certain conditions may retain their badges ................................................... SB 502 Penal Institutions; provide limited copayments by inmates for prescription medications......................................................................................... SB 129 Penal Institutions; transmittal information on convicted persons; provide notice to the attorney of record for the convicted persons ....................................... SB 48 Penal Institutions; transmittal of information on convicted person/place of detention ............................................................................................................. SB 349 Probation Management Act of 2004; modify certain provisions .........................HB 1116 Sexual Offender Registration Review Board; register with sheriff of any county where offender resides ................................................................................ SB 249 Sexual Offenders; residency and employment restrictions; repeal certain provisions................................................................................................................HB 908 Sexual Offenders; residency/employment restrictions; repeal certain provisions; photographing a minor; provide for restrictions...................................... SB 1 Uniform Act for Out-of-State Parolee Supervision; repeal ..................................HB 1348 PHARMACISTS AND PHARMACIES Generic Drugs; health insurance coverage; provisions ..........................................HB 367 Insurance; prohibit prior authorization for a prescription drug which manufacturer provides to community pharmacy; definitions................................. SB 338 Insuring Georgia's Families Act; health insurance provision; comprehensive revision ............................................................................................ SB 28 Pharmacists/Pharmacies; submit certain performance and cost data to Department of Community Health ......................................................................... SB 150 Pharmacy Consumer Protection and Transparency Act; enact ..............................HB 798 Pharmacy, State Board of; mails/common carriers; prescription drug; shall not be grounds for sanctioning license of pharmacist.................................... SB 178 Prescription Drugs; generic; change provisions .....................................................HB 127 Prescription Drugs; pharmacists; provisions ........................................................HB 1042 Prescription Drugs; substitution of generic drugs for brand name drugs; change criteria......................................................................................................... SB 294 PHYSICIANS, PHYSICIANS ASSISTANTS, AND RESPIRATORY CARE Advanced Practice Registered Nurses; on-site patient evaluation; provide examination............................................................................................................. SB 253 5366 INDEX Cosmetic Laser Services; licensing; change certain provisions ............................. SB 498 Georgia Health Marketplace Act; provide access to health care products for Georgia consumers; provide for definitions; membership; powers.................. SB 404 No Heartbeat Act; registration and certificates of birth; change certain provisions; provide for a definition ........................................................................ SB 381 Physicians; Composite State Board of Medical Examiners; enter into a contract with a nonprofit corporation; impaired physician program...................... SB 313 Physicians; Composite State Board of Medical Examiners; provisions ................HB 492 Ray Biddy and Gene Mullis Act; renal disease facilities and personnel.................. SB 57 PICKENS COUNTY Coosawattee Regional Water and Sewerage Authority Act; enact ........................HB 801 PORT WENTWORTH, CITY OF Port Wentworth, City of; governing authority; reconstitute.................................HB 1490 PORTS AUTHORITY, GEORGIA Georgia Ports Authority; employees; power of arrest; peace officers; require .....................................................................................................................HB 218 POSTSECONDARY EDUCATION Board of Regents; senior citizens program; change certain provisions .................HB 941 Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date.......................................... SB 344 Education; determination of residency of students; change provisions ................. SB 514 Education; provide grants to North Georgia College students who accept a military commission............................................................................................. SB 512 Education; require local school systems and schools to be accredited; provide for definitions ............................................................................................ SB 458 Georgia Higher Education Savings Plan; certain provisions; revise and change ...................................................................................................................HB 1014 Georgia Student Finance Authority; direct loans to students; postsecondary schools; 1% rate annually ............................................................... SB 169 Georgia Student Finance Authority; educational assistance programs; physical disabilities; authorize..............................................................................HB 1184 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 Georgia, University System of; students; home study program; authorize board of regents to promulgate rules/regulation regarding such admissions................................................................................................................. SB 35 Georgia's Promise; certain students; admission to member institutions of University System; top 10% of graduating class; automatically admitted............. SB 279 HOPE Scholarships; add accrediting entity to the definition of the term eligible high school................................................................................................. SB 492 HOPE Scholarships; change certain definitions..................................................... SB 480 INDEX 5367 HOPE Scholarships; eligible postsecondary institution; revise definition.............HB 243 HOPE Scholarships; home study course; provisions .............................................HB 152 Military Scholarships; provide for children of persons killed/disabled as a result of combat wound; define terms; taxable net income.................................... SB 196 Multiple Employer Self-Insured Health Plans; certain institutions; provisions ...............................................................................................................HB 544 Postsecondary Education; attaining residency status; revise requirements..........HB 1091 Postsecondary Education; certain definitions; revise .............................................HB 311 Returning Hero Education Act; admission standards for certain combat veterans ..................................................................................................................... SB 74 Technical/Adult Education, Department of; change name to Technical College System of Georgia..................................................................................... SB 435 University System; certain provisions; eliminate repeal ......................................HB 1183 University System; revenue collected from tuition shall not lapse ........................ SB 111 POWDER SPRINGS, CITY OF Powder Springs, City of; provide for mayor's or city councilmembers' terms and qualifications for office.......................................................................... SB 398 PRESIDENT PRO TEMPORE ERIC JOHNSON; addressed the Senate ......... Page 50 PRETRIAL PROCEEDINGS Peace Officer; procedure for indictment for crimes in the performance of his/her duties; change provisions............................................................................ SB 448 PROBATE COURTS Probate Courts; update/change provisions ............................................................. SB 508 Vital Records; delayed Birth Certificates; petitions in probate and superior court; permit .............................................................................................HB 111 PROBATION Probation Management Act of 2004; modify certain provisions .........................HB 1116 PROFESSIONS AND BUSINESSES Accountants; increase regulatory protections for consumers of accounting services; definitions ................................................................................................ SB 473 Advanced Practice Registered Nurse; on-site patient evaluation; provide examination............................................................................................................. SB 253 Advanced Practice Registered Nurse; revise; provide statutory construction of definition; certified registered nurse anesthetists .......................... SB 215 Barber; obtaining license to practice; change certain requirements; provisions; provide exceptions ............................................................................... SB 424 Boxing, Wrestling, Martial Arts; licensure/regulation; substantially/comprehensively revise provisions ................................................... SB 413 Charitable Solicitations; definitions; revise certain provisions ............................HB 1104 5368 INDEX Contractors; revise definition of a certain term for purposes of clarification ............................................................................................................. SB 407 Cosmetic Laser Services; licensing; change certain provisions ............................. SB 498 Cosmetologists; definitions; wax technicians; provisions......................................HB 494 Dentists/Dental Hygienists; provide advanced dental education programs; revisions.................................................................................................................. SB 363 Disabled Veterans/Blind Persons; eligibility certificate; valid for five years; provide..........................................................................................................HB 930 Excise tax; rooms, lodgings, and accommodations; provide comprehensive revision ........................................................................................HB 1168 Firearms Dealers; transfer authority for regulation to state revenue commissioner.......................................................................................................... SB 252 Georgia Health Marketplace Act; provide access to health care products for Georgia consumers; provide for definitions; membership; powers.................. SB 404 Georgia Registered Professional Nurse Practice Act; obsolete language; eliminate ...............................................................................................................HB 1041 'Health Share' Volunteers in Medicine Act; definitions; revise certain provisions..............................................................................................................HB 1222 Income Tax Credit; businesses; jobs in less developed areas; change provisions..............................................................................................................HB 1273 Income Tax Credit; certain business enterprises; include broadcasting...............HB 1246 Local Government Franchising Authority; comprehensive revision of provision; power of eminent domain by telegraph/telephone; provisions ............. SB 379 No Heartbeat Act; registration and certificates of birth; change certain provisions; provide for a definition ........................................................................ SB 381 Opticians; licensure; practical training; specify certain requirements ...................HB 241 Personal Fitness Trainers; provide for licensure; establish Georgia Board of Fitness Trainers .................................................................................................. SB 228 Physicians; Composite State Board of Medical Examiners; enter into a contract with a nonprofit corporation; impaired physician program...................... SB 313 Physicians; Composite State Board of Medical Examiners; provisions ................HB 492 Professions and Licenses; certain provisions; provide revisions .........................HB 1055 Property; mortgages, conveyance to secure debt, liens; disbursement of certain settlement funds after closing; general provisions ..................................... SB 355 Property; provide for definition of single-family residential real estate; exemption to certain liens......................................................................................... SB 63 Property; single family residential real estate; contract to perform work; provide requirements ................................................................................................ SB 65 Ray Biddy and Gene Mullis Act; renal disease facilities and personnel.................. SB 57 Residential/General Contractors; Georgia residents holding valid contractors licenses by other states; licensure without examination ...................... SB 452 Residential/General Contractors; licensure of qualifying agent without examination; five year business operation requirement ......................................... SB 464 INDEX 5369 Residential/General Contractors; repeal Chapter 41 of such title .......................... SB 171 Sales/Use Tax; government contractors; overhead materials; extend sunset exemption ..................................................................................................HB 1023 State Construction Industry Licensing Board; Class I; provide changes ...............HB 611 State Licensing Board of Home Inspectors; create ..............................................HB 1217 State Licensing Board of Home Inspectors; create ................................................ SB 334 State Licensing Board of Home Inspectors; create; membership .......................... SB 485 State Minimum Standard Codes/Enforcement; adoption/continuation; change certain provisions; gray water recycling system; enforcement .................. SB 463 Technical/Adult Education, Department of; change name to Technical College System of Georgia..................................................................................... SB 435 Ticket Brokers; resell tickets and service charges; change certain provisions..............................................................................................................HB 1238 Transportation Department; dispose of surplus property ....................................... SB 444 Used Motor Vehicle Dealers' Act; rebuilder; redefine term...................................HB 951 PROPERTY Ad Valorem Tax; freezing values of existing residential real property; provide conditions/limitations ................................................................................ SR 686 Ad Valorem Tax; property; revise and change certain definitions.......................HB 1081 Condominiums; associations; insurance coverage; change certain provisions..............................................................................................................HB 1121 Foreclosure Rescue Fraud Prevention Act; enact; mortgages, conveyances to secure debt, liens ........................................................................... SB 527 Foreclosure; conduct by the current owner/holder of mortgage; require ............................................................................................... SB 531 Forestry/Fire; enforcement of laws; punishment of certain violations; forestry investigators; provide for qualifications/powers....................................... SB 400 Georgia Condominium Act; define certain terms; declarant shall pay certain expenses; provide exceptions; subcondominium ....................................... SB 267 Georgia Condominium Act; Georgia Property Owners' Association Act; minimum amount for liens; provide .......................................................................HB 422 Georgia Revised Uniform Anatomical Gift Act; enactment; definitions; provide for anatomical gift ..................................................................................... SB 405 Income Tax Credit; real property donations; change certain provisions..............HB 1274 Insurance; third party's lienholder; provisions .......................................................HB 673 Landlord Liens; definitions; provisions..................................................................HB 579 Landowners Protection Act of 2008; limit liability of certain landowners; who permit hunting on their property or allowing for agritourism ........................ SB 449 Levy; intestate insolvent estates; homestead exemptions; maximum amounts; change certain provisions........................................................................ SB 133 Liens; revise certain time periods of filing materialmen's/mechanics liens; provide for certain notices regarding waiver of liens or claim upon bond............. SB 374 5370 INDEX Liens; wrong real estate; provide for a special designation ..................................... SB 64 Liquidated Damages; demand; change certain provisions ...................................HB 1093 Mortgage Lenders/Brokers; create a nation-wide automated licensing system; provide Banking/Finance Department participate; rules/regulations...................................................................................................... SB 375 Mortgage Lenders/Brokers; nation-wide automated licensing system; create.......................................................................................................................HB 921 Pawnbrokers; provide for different treatment of title pawn transactions; change definitions; reductions in interest/fees; notice............................................ SB 545 Pawnbrokers; restrict local governments' power; payment of any fee for transactions/hours of operation............................................................................... SB 393 Pawnbrokers; restrict local governments' power; payment of any fee for transactions/hours of operation............................................................................... SB 439 Power of Sale; change the requirement for sending notice .................................... SB 519 Property Owners' Associations; shall have standing as a party to bring legal action to enforce covenants............................................................................ SB 217 Property; automatic reversion of mineral rights to fee owner; taxes due not paid for 20 years; method of reversion............................................................. SB 288 Property; mortgages, conveyance to secure debt, liens; disbursement of certain settlement funds after closing; general provisions ..................................... SB 355 Property; power of sale, mailing/delivery of notice to debtor; change requirement for sending such notice....................................................................... SB 465 Property; provide for definition of single-family residential real estate; exemption to certain liens......................................................................................... SB 63 Property; single family residential real estate; contract to perform work; provide requirements ................................................................................................ SB 65 Railroad Corporations; presumptions; provisions ................................................HB 1283 Real Estate Sales; foreclosure; power of sale contained in mortgages, deeds, or lien contracts shall be advertised weekly for ten weeks ......................... SB 459 The Property Tax Reform Amendment; enact .....................................................HR 1246 Transferable Development Rights; provide severance.........................................HB 1160 Uniform Environmental Covenants Act; enact ....................................................HB 1132 Uniform Prudent Management of Institutional Funds Act; enact ..........................HB 972 PROSECUTING ATTORNEYS Administrative Services Department; remove/transfer functions; Council of Superior Court Judges of Georgia, Prosecuting Attorneys' Council.................. SB 396 Criminal Cases; state's right to appeal; change provisions...................................HB 1314 Employees' Retirement System; assistant district attorneys; provisions................HB 839 Georgia Judicial Retirement System; creditable service; superior court judges and district attorneys; provisions ................................................................HB 545 Prosecuting Attorneys; provide for pretrial intervention/diversion programs ................................................................................................................. SB 511 INDEX 5371 PSYCHOLOGISTS State Licensing Board of Home Inspectors; create ...............................................HB1217 PUBLIC ADMINISTRATION, OFFENSES AGAINST Evidence; tampering; remove requirement that such offense involve another person......................................................................................................... SB 238 Forestry/Fire; enforcement of laws; punishment of certain violations; forestry investigators; provide for qualifications/powers....................................... SB 400 Public Administration, Offenses Against; false statements/writings; within the jurisdiction of the state/political subdivisions; change certain provision ................................................................................................................. SB 442 Tasers; knowingly remove or attempt to remove from certain persons; make unlawful ......................................................................................................HB 1071 PUBLIC ASSISTANCE Children with Disabilities; basic therapy services; establish requirements ...........HB 549 Insurance; prohibit prior authorization for a prescription drug which manufacturer provides to community pharmacy; definitions................................. SB 338 Katie Beckett Waiver Program; eligibility; certain children; require certain procedures...................................................................................................HB 279 Labor, Department of; program of mandatory drug testing of applicants for unemployment benefits; review; define certain terms ...................................... SB 268 Medical; agency interpretations of rules/regulations/policies shall prevail; investigation of improper payment of claims by health care providers ................. SB 401 Pharmacists/Pharmacies; submit certain performance and cost data to Department of Community Health ......................................................................... SB 150 Public Assistance; basic therapy services for children with disabilities; establish requirements; definitions ......................................................................... SB 507 PUBLIC CONTRACTS Guaranteed Energy Cost Savings Act; to authorize governmental units to enter into guaranteed energy cost savings contracts............................................... SB 180 PUBLIC HEALTH AND MORALS, OFFENSES AGAINST Abortion; medical equipment for facilities; procedures ........................................... SB 66 Bingo; define certain terms; provide certain nonprofit organizations may sell certain pull tab games of chance ...................................................................... SB 440 Dog fighting; prohibit; punishments; amend provisions ........................................HB 301 Dogs; provide for misdemeanor for removing certain collars; restitution; provide for exemptions ............................................................................................. SB 16 Georgia Revised Uniform Anatomical Gift Act; enactment; definitions; provide for anatomical gift ..................................................................................... SB 405 Identity Fraud; provide Georgia Bureau of Investigation authority to investigate certain offenses; subpoena power ........................................................ SB 388 5372 INDEX Obscenity Crimes; distribution of obscene materials; insert new provisions................................................................................................................HB 226 Offenses; sexual exploitation of children; provide for controlled access to such evidence in public inspections of evidence .................................................... SB 481 Sexual Offenders; residency/employment restrictions; repeal certain provisions; photographing a minor; provide for restrictions...................................... SB 1 Tattoo; misdemeanor; eye socket; repeal .................................................................HB 92 PUBLIC OFFICERS AND EMPLOYEES Administrative Services Department.; remove/transfer functions; Council of Superior Court Judges of Georgia, Prosecuting Attorneys' Council.................. SB 396 Assignments, Committee on; powers, duties; change provisions; transfer of power .................................................................................................................... SB 76 Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date.......................................... SB 344 Budget Act; periodic application of zero-base budgeting; analysis of departmental/program objectives ............................................................................. SB 12 Budget/Financial Affairs; creation of website which the public can view the state budget ......................................................................................................... SB 29 Georgia State Indemnification Commission; composition; define certain terms ....................................................................................................................... SB 254 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 Government; State Law Library; repeal chapter 11 ............................................... SB 482 Group Insurance Benefits; pursuant to Title 20 and Title 45; U.S. Internal Revenue Code......................................................................................................... SB 144 Health Care Plans; continued access to care; enrollees; definitions......................... SB 73 Insurance; prohibit prior authorization for a prescription drug which manufacturer provides to community pharmacy; definitions................................. SB 338 Insuring Georgia's Families Act; health insurance provision; comprehensive revision ............................................................................................ SB 28 Insuring/Indemnification; Commissioner of Admin. Services; amend certain provisions; establish incentive programs.................................................... SB 425 Notaries Public; shall be legal resident of United States; provide penalty............... SB 50 O.C.G.A.; correct errors/omissions ........................................................................ SB 455 Personnel/Merit System; define classified/unclassified service; employees; change certain provisions .................................................................... SB 265 Pharmacists/Pharmacies; submit certain performance and cost data to Department of Community Health ......................................................................... SB 150 Public Officers/Employees; development of medical/physical fitness standards; appointment of medical review board ................................................... SB 174 Secretary of State; authorize/procure a website service provider; public notice website; definitions; provide for certain requirements ................................ SB 391 INDEX 5373 Special Elections; questions to the voters shall be held on certain dates ................. SB 71 State Employees' Health Insurance Plan; consumer choice options; revise a provision ............................................................................................................HB 1328 State Government; clarify meaning of criminal action; replace Dept. of Administrative Services with Office of Treasury/Fiscal Services ......................... SB 175 State Inspector General, Office of; establish; provide for definitions, duties, certain powers, procedures for the application of such office .................... SB 537 State Officials; certain justices and judges; increase annual salaries .....................HB 119 State Officials; district attorneys; increase annual salaries ....................................HB 319 State Personnel Board/Merit System; define classified/unclassified service ..................................................................................................................... SB 230 State Purchasing; funds appropriated to state's budget units; dedicated to projects/contracts involving small businesses ........................................................ SB 484 State Purchasing; prohibit use of state funds by purchase orders or other such payment vehicles for personal benefit or gain; penalties ............................... SB 548 PUBLIC ORDER AND SAFETY, OFFENSES AGAINST Administrative Services Department; remove/transfer functions; Council of Superior Court Judges of Georgia, Prosecuting Attorneys' Council.................. SB 396 Armed Forces of U.S.; members; prohibit certain uses of names/pictures; provide penalties....................................................................................................... SB 30 Business Security and Employee Privacy Act; enact ...............................................HB 89 Driver's Licenses; abolish Georgia Driver's Education Commission; transfer purposes/duties to State Board of Education; ........................................... SB 315 Firearms Dealers; transfer authority for regulation to state revenue commissioner.......................................................................................................... SB 252 Firearms; prohibit certain employers from prohibiting employees from lawfully carrying in locked motor vehicles .............................................................. SB 43 Firearms; public gatherings; allow constables to carry weapons ...........................HB 257 Firearms; valid licenses; authorized to possess/carry in state parks, historic sites; hunting; general provisions .............................................................. SB 339 Forestry/Fire; enforcement of laws; punishment of certain violations; forestry investigators; provide for qualifications/powers....................................... SB 400 Inmates; telecommunications devices; prohibit receiving/possessing; provide definition.................................................................................................... SB 366 Juvenile Proceedings; redefine a term; provide public school disciplinary actions against students; terroristic threats against public school .......................... SB 521 Natural Resource Law Enforcement Officer; establish office; provide for the appointment; coverage for general liability/fidelity bonds; provisions............ SB 377 Senate Comprehensive Firearms Law Study Committee; create ........................... SR 819 Sexual Offender Registration Review Board; register with sheriff of any county where offender resides ................................................................................ SB 249 5374 INDEX Sexual Offenders; residency/employment restrictions; repeal certain provisions; photographing a minor; provide for restrictions...................................... SB 1 PUBLIC PROPERTY Insuring/Indemnification; Commissioner of Admin. Services; amend certain provisions; establish incentive programs.................................................... SB 425 Public Property; roofing of state owned buildings/facilities; provide standards ................................................................................................................. SB 250 State of Georgia Property; certain counties; nonexclusive easements; authorize ..............................................................................................................HR 1425 State Properties Commission; administrative space; modify certain exceptions ............................................................................................................... SB 121 State Properties Commission; enter into dispute agreements; real property in Butts, Lamar, and Monroe Counties; authorize ..............................................HR 1310 State Properties; requirement that acquisitions of real property must be conducted through commission; remove certain exceptions.................................. SB 120 University System; certain provisions; eliminate repeal ......................................HB 1183 PUBLIC RECORDS Public Records; confidential information not disclosed; provide ............................HB 39 PUBLIC RETIREMENT SYSTEMS STANDARDS Appellate Court Judges; optional benefits; notice of election; eligibility .............. SB 112 Employees'/Teachers' Retirement; membership/participation in any public retirement system may be transferred or terminated; procedures ............... SB 240 Protecting Georgia's Investment Act; require boards administering public retirement funds identify all companies doing investments in Iran ....................... SB 451 Public Retirement Systems Investment Authority Law; provide for legislative findings; definitions .............................................................................. SB 370 Public Retirement Systems; define terms; alternative investments; provide code of ethics............................................................................................... SB 80 Retirement System; Department of Public Safety; may elect to pay additional employee contribution; certain members .............................................. SB 127 Retirement; appellate court judges; provide for benefits ....................................... SB 326 Retirement; county revenue employees; no person who becomes tax commissioner or any such officer shall be eligible for membership...................... SB 163 Retirement; establish employee contribution for group term life insurance .......... SB 491 Retirement; no public retirement system shall invest funds in corporations doing business with Islamic Republic of Iran or certain other states ....................................................................................................................... SB 199 Retirement; prohibit investment of retirement system assets in certain companies with certain business interests in certain governments ........................ SB 416 Superior Court Clerks' Retirement Fund; membership dues in such fund; creditable service; provide a penalty ...................................................................... SB 460 INDEX 5375 Teachers Retirement; change the benefit formula; provide postretirement benefit adjustment................................................................................................... SB 195 PUBLIC SAFETY, DEPARTMENT OF Public Safety, Department of; sell and purchase of motor vehicles; allow commissioner..........................................................................................................HB 368 Public Safety, Department of; State Patrol; retirement benefits; amend................HB 373 PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM Retirement; Department of Adult and Technical Education to Technical College System of Georgia; change all references................................................. SB 434 PUBLIC UTILITIES AND TRANSPORTATION Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date.......................................... SB 344 Electrical Services; require charges to communications/cable companies; assessing poles, ducts shall be uniform; procedures/remedies............................... SB 105 Limousine Carriers; permitting by certain airports; change certain provisions; limit fees............................................................................................... SB 384 Limousine Carriers; provide for licensing to sell alcoholic beverages; annual applications/fees; sticker for each vehicle authorized ................................ SB 385 Local Government Franchising Authority; change certain provisions; telephone/telegraph companies............................................................................... SB 408 Local Government Franchising Authority; comprehensive revision; power of eminent domain by telegraph/telephone; provisions............................... SB 379 Railroad Corporations; presumptions; provisions ................................................HB 1283 Railroad Grade Crossings; active warning devices; define; provisions .................HB 426 Sales/Use Tax; transportation purposes in regional commission areas; provide ..................................................................................................................HB 1035 State Government; clarify meaning of criminal action; replace Dept. of Administrative Services with Office of Treasury/Fiscal Services ......................... SB 175 Telephone Service; prepaid cell phones; define terms; require identification of the purchaser in retail sales .......................................................... SB 136 PULASKI COUNTY Pulaski County School Building Authority; create ..............................................HB 1313 Q QUALITY BASIC EDUCATION Education; student scholarship organizations; provisions....................................HB 1133 Quality Basic Education Act; nationally norm-referenced instruments; revise provisions .....................................................................................................HB 637 5376 INDEX QUITMAN COUNTY Quitman County; board of education; compensation of chairperson/members; change certain provisions................................................... SB 559 R RADAR SPEED DETECTION DEVICES Motor Vehicles; traffic-control signal monitoring devices; require permit .............HB 77 Speed Detection Devices; allow use in school zones only; definitions; operating requirements; provide for enforcement .................................................. SB 510 Traffic-Control Signal Monitoring Devices; send portion of funds generated to trauma care network........................................................................... SB 394 RAILROADS Railroad Corporations; presumptions; provisions ................................................HB 1283 Railroad Grade Crossings; active warning devices; define; provisions .................HB 426 REAL ESTATE; BROKERS AND SALESPERSONS Property; mortgages, conveyance to secure debt, liens; disbursement of certain settlement funds after closing; general provisions ..................................... SB 355 Transportation Department; dispose of surplus property ....................................... SB 444 REDEVELOPMENT POWERS LAW; COUNTIES AND MUNICIPALITIES Forest Park, City of; authorize to exercise all redevelopment/other powers; provide referendum ................................................................................... SB 302 Redevelopment Powers; computation of tax allocation increments of districts.................................................................................................................... SB 493 Redevelopment Powers; require training; provide for scope of review of proposed tax allocation districts by boards of education........................................ SB 376 REGENTS RETIREMENT PLAN Teachers Retirement System; Regents Retirement Plan; change provisions................................................................................................................HB 815 RENAL DISEASE; FACILITIES Ray Biddy and Gene Mullis Act; renal disease facilities and personnel.................. SB 57 RESOLUTIONS; PRIVILEGED EXPRESSING SENTIMENTS OF SENATE 2007 Georgia School for the Deaf Football Team; recognize................................ SR 999 INDEX 5377 2007 Warner Robins American Little League All-Star Team; recognize.............. SR 731 2008 Intel International Science and Engineering Fair; recognize ........................ SR 700 2008 Legislative Fitness Challenge; recognize February 25.................................. SR 930 2008 Legislative Fitness Challenge; recognize February 28, 2008...................... SR 1044 2008 Senate Aides; commend .............................................................................. SR 1185 2008 Senate Interns; commend............................................................................. SR 1186 283rd Combat Communications Squadron of Georgia Air National Guard; commend .................................................................................................... SR 982 4-H Day at the Capitol............................................................................................ SR 854 848th Engineer Company of the Georgia Army National Guard; commend............................................................................................................... SR 1198 A Future. Not a Past. Day; recognize January 30, 2008......................................... SR 779 Abney, James Howard; Outstanding Scholar; commend ....................................... SR 961 Abraham Baldwin Agricultural College; celebrate ................................................ SR 853 African American Business Enterprise Day; proclaim February 12 ...................... SR 850 Alcohol Regulation Senate Study Committee; create .............................................. SR 71 Alexander, Carmen; recognize ............................................................................. SR 1286 Allen, Donald (Don) G.; recognize ...................................................................... SR 1104 Allen, Sam; recognize............................................................................................. SR 906 Alpha Kappa Alpha Day; recognize February 18 .................................................. SR 918 American Association of Retired Persons (AARP); recognize............................ SR 1243 American Camellia Society; designating the headquarters facility with appropriate signage................................................................................................. SR 718 American Red Cross; commend ........................................................................... SR 1174 Americus High School Singers; recognize........................................................... SR 1217 Amos, Paul & Courtney; commend........................................................................ SR 880 Anderson, Elder Sandra; commend ...................................................................... SR 1125 Anderson, Zechariah; Outstanding Scholar; commend.......................................... SR 932 Antrobius, Becky; commend .................................................................................. SR 873 Appling County Bulldawgs 4-H Gun Team; recognize ......................................... SR 766 Ascenzo, Officer Paul; commend......................................................................... SR 1311 Association of Junior Leagues International & Georgia State Public Affairs Committee; recognize .............................................................................. SR 1095 Atkins, Sr., William Austin; recognize................................................................. SR 1219 Atlanta Fine Arts League, Inc.; recognize.............................................................. SR 804 Atlanta Motor Speedway Day at the State Capitol; designate March 6, 2008....................................................................................................... SR 1068 Augusta Metro Chamber of Commerce; recognize................................................ SR 792 AutoTrader.com; recognize .................................................................................. SR 1224 AVID Day at the Capitol; declare March 4, 2008................................................ SR 1025 Azalea International Folk Fair/Dance Competition; designate as Georgia's Official International Festival................................................................................. SR 905 Bailey, Coach Jim; commend ............................................................................... SR 1156 5378 INDEX Bailey, Thomas; recognize ................................................................................... SR 1178 Baker, Ana C.; Outstanding Scholar; commend .................................................... SR 958 Barber, Krissie L.; Outstanding Scholar; commend............................................... SR 950 Barfield, Mr. Grover; recognize ............................................................................. SR 861 Barker, Police Officer Eric; condolences ............................................................. SR 1050 Barleyr, Ashlee; commend ................................................................................... SR 1268 Barnes, Cheryl D.; Outstanding Scholar; commend .............................................. SR 937 Barnes, Keondra; commend ................................................................................. SR 1265 Barnes, Sondra Marie; recognize............................................................................ SR 763 Baxter, Dennis; commend ...................................................................................... SR 710 Beazer, Jabez; recognize......................................................................................... SR 968 Belete, Pawlloes; commend.................................................................................. SR 1353 Bess, Master Sergeant Ray; commend ................................................................. SR 1196 Biggers, Janice P.; commend.................................................................................. SR 887 Billie Holmes, Mat Swift, Mayor Jim Wetherington, Frank Brown, & City Manager Isaiah Hugley; commend............................................................. SR 874 Bittick, Sheriff John Cary; commend ................................................................... SR 1305 Bland, Delbert; commend....................................................................................... SR 802 BlazeSports America; recognize ............................................................................ SR 931 Blount Police Officer Aaron Jovon; condolences ................................................ SR 1026 Board of Regents; urged to name student resource center in honor of Dr. G. Wayne Clough at Georgia Institute of Technology................................... SR 1291 Boards of Trustees; various retirement systems in the state; urged not to invest in companies included in terrorism sanctions.............................................. SR 677 BOMA Day; recognize January 31, 2008 .............................................................. SR 764 Boney, Mayor Robert S."Bob"; condolences ......................................................... SR 787 Borden, Bill; recognize......................................................................................... SR 1216 Boren, Bob; condolences ...................................................................................... SR 1164 Bosson, Reverend Allan; commend ....................................................................... SR 898 Boy Scout Day in Georgia; recognize March 12, 2008........................................ SR 1161 Brazilian Consulate General; recognize the establishment .................................. SR 1142 Britt II, Mr. David; recognize ............................................................................... SR 1009 Brooks, Craig Robert; Outstanding Scholar; commend ......................................... SR 935 Brooks, Dr. Ray; recognize .................................................................................. SR 1031 Brooks, Susan; recognize ....................................................................................... SR 900 Brookshire, Joyce ................................................................................................. SR 1333 Brookstone School Young Historians; commend .................................................. SR 889 Brown, Dr. Frank Douglas; congratulate................................................................ SR 741 Brown, Hattie; commend...................................................................................... SR 1135 Brown, Jr., Dewey C.; condolences...................................................................... SR 1297 Bryant, Jr., Police Officer Ricky; condolences .................................................... SR 1051 Buchanan, Wade; commend ................................................................................... SR 912 Buford High School Football Team; recognize...................................................... SR 851 INDEX 5379 Buford High School Lady Wolves Softball Team; congratulate............................ SR 852 Bullock, III, Dr. Charles S.; recognize ................................................................... SR 983 Bumpus, Reverend James Louis; commend........................................................... SR 973 Burch, Robert Joseph; condolences........................................................................ SR 772 Burk, Lauren A.; condolences .............................................................................. SR 1143 Burke, David Anthony; commend.......................................................................... SR 694 Burkett, Christopher Brooks; commend................................................................. SR 846 Burran, Dr. James A.; retirement; recognize ........................................................HR 1248 Butler, Mr. Herb; condolences ............................................................................. SR 1101 CAAG Day at the Capitol; declare February 28, 2008; Conditioned Air Association of Georgia; recognize ....................................................................... SR 1042 Cablik, Ms. Anna R.; recognize ............................................................................. SR 984 Cagle, Mr. John Athon; recognize.......................................................................... SR 966 Caldwell, Mrs. Mary Sue Driver; recognize......................................................... SR 1159 Callaway, Coach Anson S.; honoring................................................................... SR 1001 Carlton, Mr. Chad; recognize ................................................................................. SR 744 Cartersville Senior League All Stars; commend .................................................... SR 702 Case, Dr. Sandra; recognize.................................................................................. SR 1209 Causey, Dr. Virginia; commend ............................................................................. SR 866 Centerville, City of; recognize.............................................................................. SR 1239 Chaffin, Sheriff Donald; recognize ...................................................................... SR 1094 Chambers, Erik; Outstanding Scholar; commend .................................................. SR 946 Chamblee, City of; celebrating 100th anniversary ............................................... SR 1321 Chance, Stephen & Erin; recognize...................................................................... SR 1327 Chandler, Donna; commend ................................................................................... SR 855 Chapman, Jr., Dr. Jack M.; recognize .................................................................. SR 1193 Chaudhary, Mr. Mihir; recognize ......................................................................... SR 1070 Cheng, Mr. Ke; commend .................................................................................... SR 1341 Cherokee County Marshal's Office; commend....................................................... SR 911 Childs, Lillie; commend ....................................................................................... SR 1139 Chu, Ezra; recognize............................................................................................. SR 1107 Clark, Lugenia G.; honoring................................................................................. SR 1078 Clough, Dr. G. Wayne; commend ........................................................................ SR 1220 Cobb, Coach Napoleon B.; recognize .................................................................. SR 1192 Colbert, Treianca; commend ................................................................................ SR 1270 Collie, Officer Shane; recognize ............................................................................ SR 691 Columbia High School Boys Basketball Team; congratulate .............................. SR 1356 Columbus High School Girls' Volleyball Team; recognize ................................... SR 969 Columbus State University; congratulate ............................................................... SR 742 Columbus, Georgia Day at the Capitol; recognize March 12 .............................. SR 1059 Commissioners of Fulton County; urged to take certain action with respect to Fulton Bag and Cotton Mill Urban Enterprise Zone............................ SR 1073 Community Health Centers Day; recognize February 13, 2008 ............................ SR 751 5380 INDEX Commuter Rail; Athens to Atlanta; urging U.S.Congress to provide funding.................................................................................................................... SR 263 Congress, Governmental Agencies, Automobile Industry; urged to substitute the term "life belt" for "seat belt" and "life bag" for "air bag"............. SR 1172 Congress; urged to adopt the United States National Health Insurance Act.......... SR 387 Conner, Tangina; commend ................................................................................. SR 1271 Conroy, Paul; commend ....................................................................................... SR 1299 Cool Dream, Inc.; recognize................................................................................. SR 1214 Coweta Up In Smoke Barbecue Cook-off; recognize .......................................... SR 1062 Cronic, Sheriff Steve; commend ............................................................................ SR 795 Curtin, Garry; commend......................................................................................... SR 875 Dalton, Dr. Martin L.; commend............................................................................ SR 784 Dalton, Dr. Martin L.; commend.......................................................................... SR 1065 Darley, Louise; honoring ...................................................................................... SR 1301 Darton College Cavaliers Swim Team; commend ............................................... SR 1207 Darton College Golf Team; commend ................................................................... SR 805 Davis, Jefferson Finis; recognize............................................................................ SR 915 Dean, David; recognize .......................................................................................... SR 713 Dedication of Historical Marker Leo Frank; commemorating March 7, 2008....................................................................................................... SR 1066 Deiters, Heather Ashley; Outstanding Scholar; commend..................................... SR 952 DeKalb Silver Streaks; coaches and players; congratulate .................................. SR 1355 Democracy Restored: A History of the Georgia State Capital; recognize ............. SR 810 Dental Hygenists' Appreciation Day; recognize..................................................... SR 923 Diabetes Awareness Day; recognize March 6, 2008............................................ SR 1092 Didicher, Mr. John; congratulations ....................................................................... SR 848 Dismuke, Sara; Hatcher, Sally; commend.............................................................. SR 840 Dixon Grove Baptist Church; commend .............................................................. SR 1145 Doug Purcell & Mike Bunn; commend.................................................................. SR 882 Dubberly, Jr.; B. Daniel; commend........................................................................ SR 988 Duke, William Travis; commend ......................................................................... SR 1054 Dunaeva, Aleksandra; Outstanding Scholar; commend ......................................... SR 956 Dunnock, Mr. Dan; recognize ................................................................................ SR 774 Earth Hour; recognize March 29, 2008 from 8PM to 9PM.................................. SR 1303 Eastridge Community Church; commend ............................................................ SR 1191 Eastside High School Wrestling Team; recognize ............................................... SR 1160 Echols County, Georgia; recognize ........................................................................ SR 913 Echols, Mr. Harold T. (Hal); condolences............................................................ SR 1306 Edwards, Linda; commend ..................................................................................... SR 971 Ekhomu, Jessica L.; Outstanding Scholar; commend ............................................ SR 940 Elward, Cameron John; commend.......................................................................... SR 844 Emanuel County Institute Bulldogs; congratulate.................................................. SR 803 INDEX 5381 Emergency Medical Services of Public Health; urged to create state licensure examinations for emergency medical technicians/paramedics ............. SR 1293 Emergency Medical Services Personnel; urge State of Georgia to provide specialized training by creating/funding an EMS instructor ................................ SR 1165 Emergency Medical Services Recognition Day; recognize February 21............... SR 897 Emergency Medical Services Week; recognize ..................................................... SR 896 Emmett Henry Austin Memorial Bridge; dedicate................................................. SR 136 Empire Board of Realtists, Inc.; commend............................................................. SR 967 Endangered Species Act of 1973; urged to be amended and congressional House Resolution 3847 be passed ........................................................................ SR 1052 Engelauf, Bob; commend ....................................................................................... SR 894 Entrepreneurship Week at the Capitol; recognize February 23-March 1............... SR 925 Epilepsy Awareness Day; recognize February 20.................................................. SR 909 Ernie Smallman & David Cummings; commend ................................................... SR 883 European Union; commend .................................................................................. SR 1205 Evans, Foy; condolences ...................................................................................... SR 1200 Evans, Mr. Foy; recognize.................................................................................... SR 1099 Excelsior Electric Membership Corporation; recognize ........................................ SR 825 Exceptional Adult Georgian in Literacy Education (EAGLE) delegates; congratulate............................................................................................................. SR 893 Exhibit, From a Culture of Violence to a Culture of Peace: Transforming the Human Spirit; recognize ................................................................................. SR 1096 Facey, Denise; recognize ...................................................................................... SR 1118 Faircloth, Amanda D.; Outstanding Scholar; commend ........................................ SR 955 Federal Republic of Germany; expressing cultural, economic, and educational cooperation ........................................................................................ SR 1048 Felton, Honorable Dorothy W.; condolences ....................................................... SR 1098 Ferguson, Charles; commend ............................................................................... SR 1316 Fibromyalgia Awareness Day; recognize April 3, 2008 ...................................... SR 1294 First Afrikan Presbyterian Church; commend...................................................... SR 1338 First Bryan Baptist Church; recognize ................................................................... SR 746 Flat Rock Archives Day; recognize December 13 each year ............................... SR 1171 Flewellen, Rev. Deacon Jimmie; recognize ......................................................... SR 1123 Flewellen, William R.; condolences..................................................................... SR 1182 Flint River Academy Wildcats Football Team; recognize ................................... SR 1116 Floyd County; recognize ...................................................................................... SR 1175 Ford, Darryl; saluting business success................................................................ SR 1352 Foster, George; commend..................................................................................... SR 1132 Foster, Janice; commend ...................................................................................... SR 1129 Foster, Jayson; commend ....................................................................................... SR 762 Franco, Bonnie; commend.................................................................................... SR 1324 Franklin Jr., Robert Michael; recognize ............................................................... SR 1039 Fullbright, Linda; commend ................................................................................... SR 692 5382 INDEX Future Farmers of America; recognize................................................................... SR 817 Future of Manufacturing in Georgia; create Senate Study Committee; appointment .......................................................................................................... SR 1097 G.W. Carver High School Football Team; congratulate ........................................ SR 791 Georgia Department Of Transportation; urged to develop a state-wide strategic transportation plan/to take certain other actions ...................................... SR 781 Georgia Environmental Protection Division; urged to implement a new water quality standard; Savannah Harbor............................................................. SR 1063 Georgia Congressional Delegation; urged to oppose efforts by U.S. Environmental Protection Agency; air quality standard more strict .................... SR 1007 GAcollege411 Day at the capitol; recognize.......................................................... SR 994 Gaddy, Terrance; commend.................................................................................. SR 1295 Gao, Jarter; recognize ........................................................................................... SR 1108 Garrett, Ms. Bertie Mae; commend ........................................................................ SR 927 Garrett, Ms. Margaret "Maggie" F.; recognize..................................................... SR 1203 GBI Special Agent in Charge and Georgia National Guard Lieutenant Colonel Michael B. "Mike" Fordham; recognize ................................................. SR 1218 Geddes, Kim; recognize........................................................................................ SR 1211 Georgia BIO; commend........................................................................................HR 1158 Georgia Crisis Intervention Team; recognize......................................................... SR 924 Georgia Drugs and Narcotics Agency; recognize .................................................. SR 995 Georgia Farmer Bureau Federation; recognize ...................................................... SR 818 Georgia Forestry Commission; recognize .............................................................. SR 743 Georgia Peach Festival; commend ......................................................................... SR 761 Georgia Physicians Leadership Academy; inaugural class members; commend................................................................................................................. SR 892 Georgia Rides to the Capitol Day; proclaim March 11, 2008.............................. SR 1077 Georgia School for the Deaf Girls' Basketball Team; recognize ......................... SR 1000 Georgia State Council, P.A.W. Executive Board of Bishops Conference; recognize............................................................................................................... SR 1079 Georgia Tech Women's Tennis Team; commend .................................................. SR 704 Georgia veterinarians; commend............................................................................ SR 760 Georgia; urged to continue its efforts to establish the National Bio/AgroDefense Facility .................................................................................... SR 1335 Georgia; urged to provide specialty training of Emergency Medical Services personnel ................................................................................................ SR 1292 Georgia's Colleges/Education; urged to place a high priority on international education.......................................................................................... SR 1141 Georgia's Registered Nurses; commend ................................................................. SR 789 Georgia's sustainable and environmentally friendly businesses; commend........... SR 735 Gilliland, Thomas C.; recognize............................................................................. SR 707 Girls and Women in Sports Day; recognize February 7, 2008............................... SR 770 Glenn Hills Spartans & Lady Spartans Basketball Teams; recognize ................. SR 1197 INDEX 5383 Gonzalez, Ms. Sara; condolences ......................................................................... SR 1102 Good, Ms. Vonla; commend................................................................................. SR 1315 Goods News Clinic in Gainesville, Georgia; recognize......................................... SR 728 Gordon, Dr. Carl; condolences ............................................................................. SR 1015 Governor; urged to exercise executive authority with respect to collection of taxes.................................................................................................................. SR 1300 Grady Health System; urged to adopt changes to its employee health benefits plan; utilize Grady Health System for primary health care ...................... SR 748 Grady Memorial Hospital; urging various measures............................................ SR 1151 Grady Memorial Hospital; urging various measures by Fulton County, DeKalb County, Fulton-DeKalb Hospital Authority............................................ SR 1152 Grady Oversight Committee; create; Fulton-DeKalb Hospital Authority, Grady Health System, and Henry W. Grady Memorial Hospital; review.............. SR 722 Graham, Carolyn A.; Outstanding Scholar; commend........................................... SR 936 Greater Antioch Missionary Baptist Church; recognize ...................................... SR 1204 Greater Columbus Georgia Chamber of Commerce; recognize........................... SR 1058 Greene, Lieutenant Bill; recognize ......................................................................... SR 697 Greene, Mrs. Julie; recognize ................................................................................. SR 801 Gregg, Ashley; recognize ..................................................................................... SR 1283 Gregory, Mr. James; recognize............................................................................. SR 1032 Gregory, Tim and Erin; commend.......................................................................... SR 890 Grenzebach Corporation; commend..................................................................... SR 1067 Gunderson, Mary; Outstanding Scholar; commend ............................................... SR 944 Habersham County; Entrepreneur Friendly Community; recognize.................... SR 1163 Hall, Mrs. Nancy G.; recognize............................................................................ SR 1103 Hammack III, Lt. Colonel Dan; recognize ........................................................... SR 1018 Hampton, George A.; commend........................................................................... SR 1131 Handy, Craig Douglas; commend .......................................................................... SR 847 Harper, Mr. Charlie; condolences........................................................................... SR 745 Harrell, Barbara; recognize................................................................................... SR 1119 Harris, Bonita; commend...................................................................................... SR 1277 Harris, Mr. Andrew J.; commend ........................................................................... SR 714 Harshbarger, Miss Laura Brett; commend ............................................................. SR 843 Health Access Initiative in Hall County, Ga; commend ........................................ SR 729 Heiskell, Commissioner Bebe; commend ............................................................ SR 1344 Hendricks, Jeffrey Lynn; Outstanding Scholar; commend .................................... SR 960 Hermes, Beth; commend ........................................................................................ SR 835 Hicks, Sterling; commend .................................................................................... SR 1275 High, Simone; commend ...................................................................................... SR 1269 Hill, Coulter Livingston; commend...................................................................... SR 1331 Hill, Reverend Matthew; honoring......................................................................... SR 780 Historic Linwood Foundation; commend............................................................... SR 869 Holland, Ms. Eva Nelson; recognize .................................................................... SR 1234 5384 INDEX Hollis, Lacee; commend ....................................................................................... SR 1260 Holman, Thomas Reese; commend ...................................................................... SR 1088 Holmes, Karen; commend .................................................................................... SR 1296 Hood, Paige; commend......................................................................................... SR 1249 Hooper, Jr., Chief Roy Franklin; commend ........................................................... SR 794 Hordos, Sandra; commend...................................................................................... SR 836 House, Nicholas; recognize .................................................................................. SR 1279 Houston County Board of Education; congratulate................................................ SR 972 Howard, Milton; commend................................................................................... SR 1298 Hudson, Orrin "Checkmate"; commend ............................................................... SR 1049 Hudson, Ricky; commend .................................................................................... SR 1325 Hughley, Mrs. Stephanie S.; recognize ................................................................ SR 1019 Hundley, Anson; commend .................................................................................. SR 1256 Hunter, Mrs. Mildred Morse; honoring .................................................................. SR 698 Imperial Sugar Plant; communities/organizations; recognize .............................. SR 1005 Interface, Inc.; congratulate .................................................................................... SR 901 Israel, State of; expressing cultural, economic, and educational cooperation ............................................................................................................. SR 862 Jackson, Dominique; Outstanding Scholar; commend........................................... SR 948 Jackson, Malcolm; commend ................................................................................. SR 695 Jackson, Sarah; commend..................................................................................... SR 1128 Jackson, Sr., Mr. Willie Lee "Bubba"; condolences ............................................ SR 1302 Jakes, Sr., Pastor Martin L.; recognize ................................................................... SR 727 James Roy "Pop" Lewis Memorial Highway; Lincoln and Wilkes County; dedicate ................................................................................................... SR 1061 Jarrell, Dr. Floyd; commend................................................................................... SR 921 Jarrell, Dr. Harold; commend ................................................................................. SR 920 Jekyll Island Authority; redevelopment of resort/facilities; to exercise great caution/restraint ............................................................................................. SR 377 Jenkins, Celia; commend ........................................................................................ SR 871 Jenkins, Robert; recognize...................................................................................... SR 699 Jensen, Nicholas Christian; commend.................................................................... SR 768 Joel A. Katz Parkway; Fulton County; dedicate................................................... SR 1055 Johnson, Jasminn Leah; commend ....................................................................... SR 1240 Johnson, Patrick; commend .................................................................................... SR 693 Joint Conventions; recognize.................................................................................. SR 756 Joint Electronic Records, Signatures, Filing and Recording Study Committee; create................................................................................................. SR 1030 Jolley, Rachael Allison; Outstanding Scholar; commend ...................................... SR 959 Jones, DeMark F.; commend ................................................................................ SR 1126 Jones, Miss Hannah Lee; recognize ....................................................................... SR 828 Jones, Mrs Dorothy Naomi; recognize ................................................................. SR 1233 Jones, Natalia Desiree; celebrate .......................................................................... SR 1309 INDEX 5385 Jones, Yoshana B.; Outstanding Scholar; commend.............................................. SR 962 Jordan Construction Academy; commend.............................................................. SR 884 Justice Clarence Thomas Interchange; Chatham County; dedicate ....................... SR 723 Justice, U.S. Department of; urged to oppose the proposed unsolicited takeover of Delta Air Lines ...................................................................................... SR 49 Keep Georgia Beautiful Program; commemorate .................................................. SR 740 Keim, Bill; commend............................................................................................ SR 1317 Kellett III, Samuel Beam; celebrate ..................................................................... SR 1348 Kendrick High School Lady Cherokees Varsity Basketball Team; commend............................................................................................................... SR 1183 Kennesaw State University; recognize ................................................................. SR 1064 Kennesaw State University; recognize ................................................................. SR 1222 Kersey, Carolina; recognize ................................................................................. SR 1091 Knox, Jr., Mayor Bob; recognize ........................................................................... SR 793 Kornder, Julie June; Outstanding Scholar; commend ............................................ SR 939 Kortum, Helen; commend ...................................................................................... SR 834 Kugelman, Maria; commend .................................................................................. SR 857 L. M. Moye, Jr. Memorial Bridge; Stewart County; dedicate.................................. SR 63 LaFayette High School Wrestling Team; recognize............................................. SR 1189 Lakly, Mr. Daniel J.; condolences.......................................................................... SR 800 Lambert, Ezekiel Roy; condolences ..................................................................... SR 1036 Lamie, Sergeant Gene L.; condolences .................................................................. SR 717 Langdale, Mr. William Pope "Billy"; recognize .................................................. SR 1149 Langdale, Noah N.; condolences.......................................................................... SR 1040 Langoussis, Andra; recognize............................................................................... SR 1212 Law Day in the United States of America; recognize May 1, 2008..................... SR 1242 Law Enforcement Agencies, Government Entities, Volunteers; Meredith Hope Emerson investigation; recognize ............................................................... SR 1041 Leadership Rome Program; commend ................................................................... SR 926 LeBlang, David; commend................................................................................... SR 1318 Lee, Emory; condolences........................................................................................ SR 823 Len Foote Hike Inn; commemorating .................................................................. SR 1223 Leon, Thomas Martin; recognize.......................................................................... SR 1179 Leonard R."Nookie" Meadows Memorial Highway; Meriwether County; dedicate ................................................................................................................. SR 1035 Leonard, Joe; commend........................................................................................ SR 1347 Lester, Jr., Charles T.; recognize ............................................................................ SR 769 Levitt, Ed and Linda; recognize ........................................................................... SR 1215 Lewis, Deshanti; commend .................................................................................. SR 1272 Lewis, Jr., Robert L.; commend ........................................................................... SR 1114 Li, Mrs. Jane; recognize.......................................................................................... SR 908 Lindsey, Christopher; commend............................................................................. SR 886 Lofton, Keldrique; congratulate ............................................................................. SR 738 5386 INDEX Long, Chandler Soleil; condolences..................................................................... SR 1225 Long, Ms. Dianne; commend ................................................................................. SR 989 Lopez, Alvaro; commend ..................................................................................... SR 1146 Lowndes High School Viking Football Team; recognize .................................... SR 1034 Lucy Craft Laney Museum of Black History; recognize ....................................... SR 808 Lucy Craft Laney Museum of Black History; recognize ..................................... SR 1194 Luikart, Lieutenant Colonel Kenneth; commend ................................................... SR 798 Lupus Awareness Day; designate March 5, 2008 .................................................. SR 765 Lynch, Major General Rick; Adopt-a-Soldier Program; commend ..................... SR 1314 Lyons, Sara; recognize.......................................................................................... SR 1180 Macon Day in Atlanta-Taste of Macon; recognize February 28............................ SR 929 Many Horses Foundation; recognize.................................................................... SR 1287 Marcus, Bernie; recognize .................................................................................... SR 1221 Marion Middle School Archery Team; recognize................................................ SR 1076 Marshall, Mr. W. Earl; honoring .......................................................................... SR 1232 Martin Luther King, Jr. National Memorial; urging General Assembly to commemorate life/work; contributing funds ......................................................... SR 715 Martin Luther King, Jr. National Memorial; urging Governor to commemorate life/work; contributing funds .......................................................... SR 688 Martin, Dr. Emmett T.; condolences .................................................................... SR 1359 Martin, Mr. & Mrs. Troy and Bridget; recognize................................................... SR 839 Mary Hines Johnson Day; proclaim February 9, 2008........................................... SR 799 Mary Poindexter & Mary Walker; commend......................................................... SR 876 Massee, Leah; congratulate .................................................................................. SR 1045 Matthews, Jakiera; commend ............................................................................... SR 1276 McCann, Katryna; recognize ................................................................................ SR 1057 McCluskey, Dr. Leland; commend....................................................................... SR 1323 McDonald, Robert; Outstanding Scholar; commend ............................................. SR 943 McGill, SGM Jack; recognize .............................................................................. SR 1072 McGowan, Brigadier General John E.; condolences............................................ SR 1028 McIntosh High School Boys' Soccer Team; congratulate...................................... SR 777 McIntosh, Clement O.; commend......................................................................... SR 1320 McKinney, Janae; commend ................................................................................ SR 1273 McLendon, Captain Kelly; recognize..................................................................... SR 758 McPherson, Randy; recognize.............................................................................. SR 1033 McVay, Kipling L. "Kip"; commend ................................................................... SR 1122 Meadows, Brock; condolences ............................................................................. SR 1144 Men's Progressive Club of Columbus, Inc.; commend .......................................... SR 891 Mercer University; recognize ................................................................................. SR 928 Mercier, William R. "Bill"; condolences.............................................................. SR 1195 Merritt, Janai; commend....................................................................................... SR 1263 Merritt, Sergeant Lee; recognize .......................................................................... SR 1190 Metro Albany Day; recognize February 13............................................................ SR 895 INDEX 5387 Metts, James; Outstanding Scholar; commend....................................................... SR 933 Meyer von Bremen, Senator Michael S.; commend............................................. SR 1310 Miller, Lauren Courtney; Outstanding Scholar; commend .................................... SR 941 Miller, Meleah; recognize..................................................................................... SR 1115 Miller's Chapel Baptist Church; commend........................................................... SR 1339 Mims, Cavanaugh S.; commend............................................................................. SR 888 Miracle Making Ministries, Inc.; Pastor Robert L. Williams; commend............... SR 978 Mitchell, Reverend Dennis W.; honoring............................................................. SR 1117 Moffett, Quineka; commend................................................................................. SR 1266 Monahan, Mr. Steve; commend ............................................................................. SR 858 Montgomery, Mrs. Mildred Bynum; honoring..................................................... SR 1235 Moody, Mrs. Alberta; recognize........................................................................... SR 1226 Morgan, Taylor D.; Outstanding Scholar; commend ............................................. SR 951 Motorcycle Safety and Awareness Month; recognize.......................................... SR 1083 Moye, Tara L.; Outstanding Scholar; commend .................................................... SR 957 Mr. Gary Adler FourStar, Many Horses Foundation; recognize.......................... SR 1037 Mukami, Mwangi; recognize.................................................................................. SR 736 Mukhopadhyay, Saptarsi (Rohan); recognize ...................................................... SR 1177 Mullinax, Taylor; recognize ................................................................................. SR 1027 Murdock Elementary School; recognize .............................................................. SR 1110 Murphey Candler Little League Organization; commend...................................... SR 998 Murphy, Morgan Grier; condolences ..................................................................... SR 709 Muscogee County Office of Elections and Registration; commend; Sharmel Veasley; congratulate ............................................................................... SR 865 Myrick, Mukia; commend .................................................................................... SR 1267 National Baptist Deacons Convention of America, Inc.; commend .................... SR 1236 National Bio and Agro-Defense Facility; recognize ............................................ SR 1345 National Federation of Independent Business in Georgia; recognize .................... SR 860 National Wear Red Day; recognize February 1, 2008 ........................................... SR 771 Natural Resources, Dept of; urged to work in conjunction with Department of Economic Development; feasibility of restoring/preserving historic barns ....................................................................... SR 1056 NeighborWorks America, D&E Group, and Department of Housing/Urban Development; recognize ............................................................... SR 757 New Grant Chapel AME Church; recognize........................................................ SR 1153 Newborn Church of Faith in Christ; commend ...................................................... SR 783 Niekro, Phil; recognize ......................................................................................... SR 1112 Nobles, Mr. Lauren N.; commend........................................................................ SR 1253 North Georgia College/State University; urge Board of Regents to maintain current military program.......................................................................... SR 319 Northland Neighbors; commend ............................................................................ SR 867 Northside High School Eagles Football Team; commend ..................................... SR 826 Norton, Christina; Outstanding Scholar; commend ............................................... SR 964 5388 INDEX Nunley, Laura M.; Outstanding Scholar; commend............................................... SR 949 Oconee County Middle School Future Farmers of America; recognize ................ SR 987 Odom, Coach Dave; recognize ............................................................................. SR 1140 Oglesby, Lynn; commend....................................................................................... SR 910 Oh, Dr. Sang Wan; commend............................................................................... SR 1334 O'Hara, Joshua Seth; Outstanding Scholar; commend ........................................... SR 942 Oliver, First Sergeant Ernest B. "Bruce"; recognize ............................................ SR 1168 Orange, Reverend Doctor James Edward; recognize ............................................. SR 991 Osburn, Reverend E. Randel T.; condolences ...................................................... SR 1346 Packer, Rebekah Lauren; recognize ..................................................................... SR 1106 PAGE Day on Capitol Hill ..................................................................................... SR 849 Paige, Kameron; commend..................................................................................... SR 754 Parker, Jimmy Lee; condolences ............................................................................ SR 747 Parrish, Jack; commend ........................................................................................ SR 1250 Partnership for Health and Accountability; commend ......................................... SR 1022 Paschal, CMSGT Donald Neal; recognize ........................................................... SR 1013 Pastor James C. & First Lady Idell Ward; commend ........................................... SR 1109 Patton, Carl V.; recognize..................................................................................... SR 1154 Paul Anderson Memorial Park; recognize.............................................................. SR 993 Paul Keenan Parkway; Dougherty County; dedicate ............................................. SR 229 Paulk, Sheriff Marshall Ashley; commend........................................................... SR 1184 Peanut Butter and Jelly Day; recognize March 5 ................................................... SR 916 Pearson, Dr. Ozias; recognize................................................................................. SR 725 Pennock, Robin Huffman; commend ................................................................... SR 1124 People First of Henry County; recognize ............................................................. SR 1085 People's Republic of China; expressing cultural, economic, and educational cooperation .......................................................................................... SR 831 Perdue, Mrs. Gervaise Wynn; recognize .............................................................. SR 1227 Perlotto, Dawn; commend ...................................................................................... SR 832 Pettis, Mrs. Toni; recognize.................................................................................... SR 838 Pettys, Mr. Richard "Dick"; recognize ................................................................. SR 1199 Pharmaceutical Research and Manufacturers of America (PhRMA); recognize................................................................................................................. SR 816 Phil Walden Memorial Interchange; dedicating..................................................... SR 301 Phillips, Dr. John A.; commend ........................................................................... SR 1138 Phillips, James Tyler; recognize ............................................................................. SR 719 Phillips, Jr.; John Temple; condolences ................................................................. SR 708 Phillips, Reverend Willie F.,; commend............................................................... SR 1130 Phillips, Therese T.; commend ............................................................................. SR 1134 Pierce, Jande; commend ....................................................................................... SR 1337 Pilgrim Health and Life Insurance; recognize........................................................ SR 979 Pittman, Robert; commend ................................................................................... SR 1319 Plummer, Nigel; commend................................................................................... SR 1357 INDEX 5389 Political Commentators; expressing dismay of those who engage in attacks on certain candidates .................................................................................. SR 919 Port of Savannah; expressing support .................................................................. SR 1043 Powers, Mr. Randy J.; recognize .......................................................................... SR 1343 President/U.S. Congress; urged to call for peaceful resolution in Kenya; support of House Congressional Resolution of 283 ............................................. SR 1010 President/U.S. Congress; urged to review conviction/incarceration of former agents Ignacio "Nacho" Ramos/Jose Alonso Compean ........................... SR 1011 Promised Land Farm; commend............................................................................. SR 990 Prowell, Porsche; commend ................................................................................. SR 1261 Pruitt, Captain Michael "Mike" Dwain; commend .............................................. SR 1157 Rakestraw, Mr. John Wesley; condolences .......................................................... SR 1307 Ramsey, Janice; commend ..................................................................................... SR 833 Ratliff, Bill; commend ............................................................................................ SR 974 Redan Lady Radars Basketball Team; recognize ................................................. SR 1313 Redding, C.P.; commend ...................................................................................... SR 1274 Reed, Officer Jeff; commend.................................................................................. SR 759 Reese Road Parent Teacher Association; commend .............................................. SR 879 Republic of Austria; expressing cultural, economic, and educational cooperation ............................................................................................................. SR 903 Republic of India; express cultural, economic, and educational cooperation ........................................................................................................... SR 1248 Rev. Jesse Gary and First Lady Mrs. Olivia Gary; commend.............................. SR 1258 Reynolds Bickerstaff, Mark Lucas, Jim Lucas; commend..................................... SR 870 Roberson, Reverend Joseph; recognize ................................................................ SR 1008 Robert Ashley & Randy Perez; commend.............................................................. SR 878 Roberts, Miss Jessica Nicole; commend .............................................................. SR 1082 Robertson-Tillman, Mrs. Wilma Floey; condolences .......................................... SR 1245 Robinson, Charles A.; condolences........................................................................ SR 732 Robinson, Lithangia Shannell; condolences......................................................... SR 1087 Robinson, Rodriguez; commend .......................................................................... SR 1257 Rodbell, Max Leonard; celebrate birth................................................................. SR 1349 Rogers, Jason Kyle; commend ............................................................................. SR 1290 Ronald Reagan Day; recognize February 6, 2008.................................................. SR 705 Ross, Mrs. Thelma Eleanor; recognize................................................................. SR 1228 Rotary Corporation; recognize ............................................................................. SR 1170 Rowell, Jeff; commend........................................................................................... SR 856 Ruffer, Cheryl; commend ....................................................................................... SR 977 Ruffin, Jr.; Honorable John H. "Jack"; recognize ................................................ SR 1206 Rural Health Day; recognize February 12, 2008.................................................... SR 790 Russell-McCloud, Patricia; commend.................................................................. SR 1137 Ryan, Gregory Alan; Outstanding Scholar; commend........................................... SR 938 Sandy Creek High School Boys Track Team; recognize ....................................... SR 776 5390 INDEX Sartain Family; recognize ..................................................................................... SR 1021 Saunders, Sherry; commend ................................................................................... SR 976 Savannah Arts Academy's Silver Winds Ensemble; commend ............................. SR 899 Savannah Community Church/ Give Kids A Smile Program; commend .............. SR 807 Schexnayder, Andrew Kyle; Eagle Scout; commend............................................. SR 730 Schuster, Todd; commend ...................................................................................... SR 868 Seldon, Sr., Mr. Albert; recognize.......................................................................... SR 837 Senate Accessibility Study Committee; create..................................................... SR 1244 Senate Children's Mental Health in Georgia Study Committee; create ............... SR 1187 Senate Study Committee on Community Base Giving Tax Credits; create......... SR 1247 Senior Days at the Capitol; establishing February 26-28, 2008........................... SR 1046 Sergeant William Morgan Callahan; Taylor County; dedicate a bridge .............. SR 1029 Shah, Deep J.; Outstanding Scholar; commend ..................................................... SR 953 Shaw High School Young Historians; commend ................................................... SR 877 Shildneck, Barry; recognize.................................................................................. SR 1176 Shope, Mr. Grant, Mr. Jake Baudin, Mr. Cody Hall; commend ............................ SR 830 Simpson, Mr. Steve; condolences......................................................................... SR 1308 Sister City Program; commend............................................................................. SR 1326 Sizemore, Mrs. Charlene; honoring........................................................................ SR 724 Smith, Archbishop Jimmie L.; condolences........................................................... SR 778 Smith, Mary; commend ........................................................................................ SR 1155 Smith, Mrs. Carolyn Coleman; honoring ............................................................ SR 1229 Smith, Shavondolyn; commend............................................................................ SR 1259 Smits, Courtney; recognize................................................................................... SR 1084 Soil and Water Conservation Districts; selection of supervisors; express objection of Senate to any changes from current status ......................................... SR 439 Solinko, Mrs. Lorraine Stella; honoring................................................................. SR 975 Southwest DeKalb High School Lady Panthers Basketball Team; recognize............................................................................................................... SR 1354 Spencer, Kyle; commend........................................................................................ SR 872 Sports, Dee Plymel; condolences ......................................................................... SR 1342 Sportsmen's Day at the Capitol............................................................................... SR 711 St. Marys First Presbyterian Church; recognize................................................... SR 1150 St. Patrick's Day Parade Committee, Chairman John P. Forbes, Grand Marshal Dr. Francis Patrick Rossiter, Jr; recognize ............................................. SR 1080 St. Philip Monumental A.M.E. Church; recognize ................................................ SR 806 Stamps, Kymberli; commend ............................................................................... SR 1278 Standridge, Jr., Howell Stephen; commend ......................................................... SR 1332 Standridge, Michael Jonathan; commend............................................................. SR 1330 Stanley, Erica; commend ...................................................................................... SR 1262 Stanley, Sr., Mr. R.T.; Mr. R.T. Stanley Jr.; recognize .......................................... SR 797 Starr, Mr. Wade; condolences ................................................................................ SR 824 Starr's Mill High School Girls Tennis Team; recognize........................................ SR 775 INDEX 5391 State Children's Health Insurance Plan; urge U.S. Congress to provide funding and ensure reauthorization ............................................................................ SR 6 State Properties Commission; authorizing and empowering; convey certain state owned real property located in Augusta, Georgia................................ SR 25 State Properties Commission; authorizing and empowering; convey certain state owned real property located in Augusta, Georgia................................ SR 26 Stelling, Jr., Mr. Kessel D.; recognize.................................................................... SR 985 Stembridge, Andrew; commend ............................................................................. SR 696 Stephens County; recognize ................................................................................... SR 992 Stephens, Mrs. Pearl J; honoring .......................................................................... SR 1230 Stephenson High School Lady Jaguars Basketball Team; commend .................. SR 1312 Stipe, Brooks; recognize....................................................................................... SR 1090 Stipe, Weslee; recognize....................................................................................... SR 1089 Stokes, Alyssa; commend....................................................................................... SR 821 Stokes, Cherry A.; Outstanding Scholar; commend............................................... SR 945 Stronghold Christian Church; commend .............................................................. SR 1340 Strydom, Debra; recognize ................................................................................... SR 1208 Sturdivant, Roddy; commend ............................................................................... SR 1336 Sullivan, Reverend E.L.; recognize ...................................................................... SR 1081 Surgeon General of the Army and the Chief, National Guard Bureau; urged to change existing policy; Warfighter Refractive Eye Surgery ................. SR 1202 Sutton, Roswell O.; commend .............................................................................. SR 1075 Swift, Mary Lou; commend.................................................................................... SR 885 Tah, Mr. Varum Kumar; commend ........................................................................ SR 922 Take Your Kids to Vote Day; declare November 4 ............................................. SR 1053 Tallulah Falls School; recognize .......................................................................... SR 1100 Tattnall Square Academy Football Team; recognize ............................................. SR 997 Taylor, Charles McKenzie "Mack"; condolences .................................................. SR 841 Taylor, Chelsea; commend ................................................................................... SR 1282 Technical College System of Georgia Day; proclaim January 29, 2008 ............... SR 739 Tennessee Valley Authority; recognize.................................................................. SR 902 The RiverMill Event Centre; commend ................................................................. SR 881 Third Day; recognize ............................................................................................ SR 1284 Third Infantry Division of U.S. Army; recognize ................................................ SR 1004 Thomas, Jazmin; commend .................................................................................. SR 1264 Thomas, Prof. Bill; commend............................................................................... SR 1086 Tifton Mavericks; recognize................................................................................. SR 1158 Tourism Industry in Georgia; Tourism Day, proclaim January 29, 2008 .............. SR 749 Town of Portal; celebrate centennial anniversary ................................................ SR 1169 Townsend, Kiliaen V.R.; condolences ................................................................. SR 1255 Traditional Migration Month; recognize month of November............................. SR 1016 Traditional Migration Month; recognize November .............................................. SR 864 5392 INDEX Transportation Commissioner; urged to provide a series of reports to the General Assembly................................................................................................. SR 1060 Transportation, Department of; request to do a safety evaluation and perform necessary repair work ............................................................................. SR 1120 Transportation, Department of; urged to consolidate its county barns/privatize road maintenance functions ......................................................... SR 1047 Transportation, Georgia Department of; urged to build a maglev train connecting Hartsfield-Jackson in Atlanta with Chattanooga Municipal Airport..................................................................................................................... SR 842 Transportation, U.S. Department of; urged to reconsider its mission and purpose.................................................................................................................... SR 750 Trejo, Maria Guadalupe; Outstanding Scholar; commend..................................... SR 963 Trudeau, Dennis O.; recognize ............................................................................. SR 1023 Truitt, Mary Y.; Outstanding Scholar; commend................................................... SR 934 Tullis, Paul H.; Outstanding Scholar; commend .................................................... SR 954 Turkey; urged to grant Ecumenical Patriarch appropriate international recognition, ecclesiastical succession, right to train clergy.................................. SR 1038 Tuttle, Demetrice; recognize .................................................................................. SR 755 U.S. Congress and President; urged to enact legislation to increase physician residencies funded by medicare in Georgia ........................................... SR 706 U.S. Congress; urged to enact legislation that would amend the Medicare program................................................................................................................... SR 140 U.S. Congress; urged to enact Prevention First Act ............................................... SR 388 U.S. Congress; urged to withdraw the United States from the Security and Prosperity Partnership of North America ........................................................ SR 827 Union Grove High School; commend .................................................................. SR 1251 University of Georgia Bulldogs Football Team Head Coach Mark Richt; recognize................................................................................................................. SR 785 University of West Georgia Cheerleading Teams; commend.............................. SR 1002 Valdosta State University Football Team; recognize ............................................. SR 712 Velueta, Dr. Kathleen; recognize ......................................................................... SR 1210 Vickery, Mr. Donald E.; recognize....................................................................... SR 1014 Vienna Historic Preservation Society; recognize ................................................... SR 752 Voelz, Dr. Zachary L.; condolences ..................................................................... SR 1121 Wade, Kristin; condolences .................................................................................... SR 917 Waffle House; recognize ........................................................................................ SR 261 Walker, Don; recognize ........................................................................................ SR 1358 Ward, Kevin; commend.......................................................................................... SR 737 Watkins, James Paul; commend ........................................................................... SR 1017 Watson, Mr. John K.; recognize ............................................................................. SR 986 Weaver, Mrs. Mable; honoring............................................................................. SR 1231 Webb, Chester; recognize..................................................................................... SR 1238 Webb, Dr. Charles; commend ................................................................................ SR 914 INDEX 5393 Wells, Jacob Alexander; commend ...................................................................... SR 1328 Wentworth, Jonathan Robert; commend .............................................................. SR 1329 White County; Entrepreneur Friendly Community; recognize ............................ SR 1162 Whitewater High School Girls Soccer Team; congratulate ................................... SR 773 Wiggins-Ford, Mrs. Carrie; commend ................................................................. SR 1181 Wilder, Lorenzo; recognize .................................................................................... SR 703 Williams, Linda; honoring...................................................................................... SR 734 Williams, Michael V.; commend.......................................................................... SR 1133 Williams, Mr. Carlos; recognize........................................................................... SR 1136 Williams, Tracy; commend .................................................................................. SR 1127 Willis, Mr. Joshua; condolences............................................................................. SR 907 Wise, Roger Jr.; recognize.................................................................................... SR 1241 Wofford, Mr. Larry N.; recognize ........................................................................ SR 1322 Wood, Mary S.; Outstanding Scholar; commend................................................... SR 947 Woolard, Major Jack; condolences ...................................................................... SR 1350 World Organization of China Painters to Tybee Island, Ga.; recognize .............. SR 1003 Worriels, Mr. Albert; recognize ........................................................................... SR 1237 Wright, Jerome; condolences ............................................................................... SR 1351 Wygoda, Sylvia; recognize................................................................................... SR 1304 Y.N. & Agnes Myers; commend .......................................................................... SR 1173 Young, Corporal Michael Douglas; condolences................................................. SR 1111 Zaccari, Ronald M.; recognize ............................................................................... SR 904 Zhang, Canyun (Lucy); recognize ........................................................................ SR 1105 RETIREMENT AND PENSIONS Administrative Services Department; remove/transfer functions; Council of Superior Court Judges of Georgia, Prosecuting Attorneys' Council.................. SB 396 Appellate Court Judges; optional benefits; notice of election; eligibility .............. SB 112 Courts; requesting judicial assistance from other courts; change certain provisions................................................................................................................ SB 318 Employees' Retirement System; assistant district attorneys; provisions................HB 839 Employee's Retirement System; certain members; 34 years of services; provisions................................................................................................................ SB 333 Employees' Retirement System; certain state patrol members; contributions; provisions ........................................................................................HB 639 Employees' Retirement System; court administrators; creditable service; provisions................................................................................................................HB 873 Employees' Retirement System; creditable service; Georgia Judicial Retirement System; provide ...................................................................................HB 521 Employees' Retirement System; established benefit formula; provide continuation ............................................................................................................HB 875 Employees' Retirement System; narcotics agents; purchase prior service.............HB 209 5394 INDEX Employees'/Teachers' Retirement; membership/participation in any public retirement system may be transferred or terminated; procedures ............... SB 240 Georgia Judicial Retirement System; creditable service; superior court judges and district attorneys; provisions ................................................................HB 545 Georgia Judicial Retirement System; superior court judges/district attorneys; retirement benefits; change provision.................................................... SB 330 Georgia State Employee Savings Plan; deferred compensation plan; employer contribution; provide rules/regulations .................................................. SB 327 Georgia State Employee Savings Plan; deferred compensation plan; employer contribution; provide rules/regulations .................................................. SB 328 Natural Resource Law Enforcement Officer; establish office; provide for the appointment; coverage for general liability/fidelity bonds; provisions............ SB 377 Peace Officers' Annuity and Benefit Fund; certain persons; provide membership.............................................................................................................HB 732 Peace Officers; appropriate funds necessary to provide for retirement credit for retired members; prior to January 1, 1976.............................................. SR 228 Protecting Georgia's Investment Act; require boards administering public retirement funds identify all companies doing investments in Iran ....................... SB 451 Public Retirement Systems Investment Authority Law; provide for legislative findings; definitions .............................................................................. SB 370 Public Retirement Systems; define terms; alternative investments; provide code of ethics............................................................................................... SB 80 Public Retirement Systems; restrictions and prohibitions on membership; define certain terms.................................................................................................HB 255 Public Safety, Department of; State Patrol; retirement benefits; amend................HB 373 Retirement System; Department of Public Safety; may elect to pay additional employee contribution; certain members .............................................. SB 127 Retirement; appellate court judges; provide for benefits ....................................... SB 326 Retirement; authorize the reduction of portion of member's compensation; benefit for future state employees .................................................. SB 329 Retirement; county revenue employees; no person who becomes tax commissioner or any such officer shall be eligible for membership...................... SB 163 Retirement; Department of Adult and Technical Education to Technical College System of Georgia; change all references................................................. SB 434 Retirement; disability benefits; physical exam done at convenient place of beneficiary; delete provisions............................................................................. SB 161 Retirement; establish employee contribution for group term life insurance .......... SB 491 Retirement; full-time teacher; full-time employment and benefits; provide..........HB 157 Retirement; no public retirement system shall invest funds in corporations doing business with Islamic Republic of Iran or certain other states ....................................................................................................................... SB 199 Retirement; prohibit investment of retirement system assets in certain companies with certain business interests in certain governments ........................ SB 416 INDEX 5395 Sheriffs' Retirement Fund; death benefits; increase amount ..................................HB 358 Superior Court Clerks' Retirement Fund; membership dues in such fund; creditable service; provide a penalty ...................................................................... SB 460 Teachers Retirement System; Regents Retirement Plan; change provisions................................................................................................................HB 815 Teachers Retirement System; survivor's benefits; provisions ................................HB 656 Teachers Retirement; change the benefit formula; provide postretirement benefit adjustment................................................................................................... SB 195 REVENUE BONDS; COUNTIES, MUNICIPALITIES, OTHER ENTITIES Military, Emergency & Veterans Affairs; local redevelopment authorities; confer powers/impose duties; provide for membership; appointment ............................................................................................................ SB 542 REVENUE, DEPARTMENT OF; STATE ADMINISTRATIVE ORGANIZATION, ADMINISTRATION, AND ENFORCEMENT Local Sales/Use Taxes; revise manner/method of collecting................................. SB 509 Property Tax Assessments; appeals; payment of interest; change certain provisions.................................................................................................................... SB 8 RICHMOND COUNTY Augusta-Richmond County Coliseum Authority; change name and membership...........................................................................................................HB 1463 RINCON Rincon, City of; ad valorem tax; municipal purposes; provide homestead exemption ...............................................................................................................HB 998 RINGGOLD Ringgold, City of; change the corporate limits of the city ..................................... SB 553 RIVERDALE Riverdale, City of; authorize to exercise all redevelopment/other powers ............ SB 319 ROCKDALE COUNTY Rockdale County Sheriff's Department; commend .............................................. SR 1252 ROSWELL, CITY OF Roswell, City of; corporate limits; change ...........................................................HB 1327 Roswell, City of; Redevelopment Powers Law; authorize.....................................HB 944 5396 INDEX S SALES AND USE TAX Certificate of Need Program; exempt continuing care retirement communities; certificate of need requirements; certain conditions........................ SB 539 Commissioner, Revenue; powers/duties; sales/use taxes; collection of certain data................................................................................................................ SB 92 Georgia Tourism Development Act; enact.............................................................HB 451 Georgia Tourism Development Act; enact...........................................................HB 1129 Local Sales/Use Taxes; revise manner/method of collecting................................. SB 509 Municipal Option Sales Tax Act; enact..................................................................HB 410 Sales and Use Tax; liquefied petroleum gas; certain purposes; provide exemption .............................................................................................................HB 1178 Sales Tax; local charter schools; capital outlay projects; authorize .....................HB 1065 Sales/Use Tax Exemption; certain aquariums; change provisions.......................HB 1193 Sales/Use Tax Exemption; certain nonprofit health centers; sale or use of personal property; provide......................................................................................HB 957 Sales/Use Tax Exemption; certain properties; change provisions .........................HB 189 Sales/Use Tax Exemptions; certain durable medical equipment or prosthetic devices; change certain provisions ......................................................HB 1078 Sales/Use Tax; certain sales of food and beverages to qualified food banks; extend exemption ......................................................................................HB 1110 Sales/Use Tax; certain school supplies; certain energy efficient products; provide exemption ..................................................................................................HB 948 Sales/Use Tax; government contractors; overhead materials; extend sunset exemption ..................................................................................................HB 1023 Sales/Use Tax; maintenance/operation of public hospitals; authorize imposition of a joint county/municipal sales/use tax ............................................. SB 530 Sales/Use Tax; natural or artificial gas sales; provide partial exemption ..............HB 272 Sales/Use Tax; nature center or performing arts amphitheater facility; provide exemption ..................................................................................................HB 413 Sales/Use Tax; performing arts centers and amphitheater facilities; nonprofit volunteer health clinics; provide exemption...........................................HB 162 Sales/Use Tax; transportation purposes in regional commission areas; provide ..................................................................................................................HB 1035 Sales/Use Tax; water pollution eliminating machinery exemptions; change certain provisions .......................................................................................HB 237 SCHOOL BUSES School Bus Drivers Appreciation Day; declare......................................................HB 791 School Bus Safety Week; declare...........................................................................HB 790 SCHOOL READINESS, OFFICE OF Early Care and Learning Programs; day-care center; revise definition ...............HB 1169 INDEX 5397 Early Care and Learning; fingerprint record checks; require certain employees ...............................................................................................................HB 904 SCHOOLS School Councils; parent members; majority; provide ............................................HB 208 SEARCHES AND SEIZURES Warrants; issuance of search warrants by judicial officers; change provisions................................................................................................................ SB 259 Weapons; crime or delinquent act; provisions .......................................................HB 333 SEARS, CHIEF JUSTICE LEAH WARD; State of Judiciary address ............. Page 349 SECRETARY OF THE SENATE ROBERT F. EWING; Communication to Fiscal Officer; Re: Senator Whitehead vacated seat .............. Page 37 Communication to Governor; Re: HB 989........................................................ Page 2215 Communication to Governor; Re: SB 352 ........................................................ Page 2395 Communication to Governor; boards and commissions; transmit confirmation....................................................................................................... Page 3852 SECRETARY OF STATE Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 Government; State Law Library; repeal chapter 11 ............................................... SB 482 Secretary of State; authorize/procure a website service provider; public notice website; definitions; provide for certain requirements ................................ SB 391 SECRETARY OF STATE KAREN HANDEL; election certification ................ Page 37 SECURITIES Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 Identity Theft; security freezes; definitions; provisions .........................................HB 130 SEED CAPITAL FUND Income Tax Credit; qualified investment; Seed-Capital Fund; provisions ..........HB 1196 SELLING AND OTHER TRADE PRACTICES Foreclosure Rescue Fraud Prevention Act; enact; mortgages, conveyances to secure debt, liens ........................................................................... SB 527 Georgia Credit Protection Act; provide definitions; credit reports; provide method of placing and removing security freeze.................................................... SB 361 Georgia Lemon Law; enact ....................................................................................HB 470 5398 INDEX Identity Fraud; provide Georgia Bureau of Investigation authority to investigate certain offenses; subpoena power ........................................................ SB 388 Identity Theft; security freezes; definitions; provisions .........................................HB 130 Local Government Franchising Authority; comprehensive revision of provision; power of eminent domain by telegraph/telephone; provisions ............. SB 379 Petroleum Products; Internet website for gasoline prices ...................................... SB 207 Recreational Vehicle Dealers; franchise agreements; change certain provisions................................................................................................................HB 297 SENATE Brain Injury Related Neurobehavioral Issues; create Senate Study Committee............................................................................................................... SR 788 Creation of a Georgia MethCheck Data Base; create Senate Study Committee; appointment ...................................................................................... SR 1093 Daylight Saving Time; create Senate Study Committee ...................................... SR 1113 Fleeing and Law Enforcement Pursuits; create Senate Study Committee ........... SR 1147 Future of Manufacturing in Georgia; create Senate Study Committee; appointment .......................................................................................................... SR 1097 General Assembly convened; notify the Governor ................................................ SR 690 Health Care Transformation; create Senate Study Committee............................... SR 767 House and Senate; certain committees; amend Official Code of Georgia Annotated references ................................................................................................HB 98 House Convened; notify Senate ...........................................................................HR 1018 Morning Roll Calls: Pages: 45,81, 87, 103, 119, 128, 142, 154, 169, 184, 201, 217, 237, 261, 276, 291, 339, 363, 420, 473, 530, 878, 1104, 1191, 1237, 1275, 1310, 1373, 1458, 1545, 1762, 1809, 1853, 1873, 2353, 2406, 3076, 3284, 3826 Senate Accessibility Study Committee; create..................................................... SR 1244 Senate Alzheimer's Disease and Other Dementias Study Committee; create..................................................................................................................... SR 1188 Senate Biodiesel Fuel Study Committee; create................................................... SR 1201 Senate Children's Mental Health in Georgia Study Committee; create ............... SR 1187 Senate Comprehensive Lien Law Study Committee; create .................................. SR 636 Senate Convened; notify the House of Representatives......................................... SR 689 Senate Education Funding Mechanisms Review Study Committee; create......... SR 1213 Senate Exemptions for Purposes of Bankruptcy Study Committee; create ......... SR 1289 Senate Local Sales Tax Collection Study Committee; Local Sales Tax Collection Advisory Committee; create ............................................................... SR 1167 Senate Prior Approval and Prescription Drugs Study Committee; create............ SR 1285 Senate Public and Legal Notices Study Committee; create ................................ SR 1166 Senate Railroad Safety and Security Study Committee; create.............................. SR 428 Senate Roadside Enhancement and Beautification Study Committee; create..................................................................................................................... SR 1281 INDEX 5399 Senate Sexual Exploitation of Minors Study Committee; create ......................... SR 1020 Senate Study Committee on Community Base Giving Tax Credits; create......... SR 1247 Senate Study Committee on the Organization of Mental Health, Developmental Disabilities, and Addictive Diseases Services; create................. SR 1288 Senate University System of Georgia Admission Practices and Policies Study Committee; create....................................................................................... SR 1280 Senate Victim's Rights Study Committee; create................................................. SR 1254 Senate; provide four-year terms of office for members ......................................... SR 279 SENATORS ADELMAN; communication; explanation of vote on Engrossed Bills ............ Page 3553 ADELMAN; communication; explanation of vote on Local Consent Calendar ............................................................................................................... Page 105 ADELMAN; communication; removing name from SR 701 ............................. Page 123 BALFOUR; communication; Veto override HB 529.......................................... Page 131 BUTLER; communication; explanation of vote on HB 119 ............................. Page 5138 BUTLER; communication; explanation of vote on HB 1209 CCR .................. Page 5058 CARTER; communication; explanation of vote on HB 1027 CCR.................. Page 4368 CHAPMAN; communication; explanation of vote on HB 964......................... Page 3373 CHAPMAN; communication; explanation of vote on SR 845 ........................... Page 488 COWSERT; communication; explanation of vote on SB 526 .......................... Page 1601 COWSERT; motion to transmit SB 352 to Governor ....................................... Page 2360 DAVENPORT; communication; explanation of vote on Local Consent Calendar ............................................................................................................. Page 3089 DAVENPORT; communication; explanation of vote on SB 372 ....................... Page 375 DOUGLAS; appointed Ex-Officio to Public Safety ............................................. Page 43 DOUGLAS; communication; explanation of vote on SB 145 .......................... Page 2261 DOUGLAS; communication; explanation of vote on SB 350 ............................ Page 251 DOUGLAS; communication; explanation of vote on SB 405 ............................ Page 395 FORT; communication; explanation of absence ................................................. Page 155 FORT; communication; explanation of vote on HB 1209 ................................ Page 3156 GOGGANS; communication; removing name from SB 380.............................. Page 268 GOGGANS; communication; removing name from SB 383.............................. Page 206 GRANT; appointed Ex-Officio to Special Judiciary......................................... Page 2324 GRANT; communication; explanation of missed roll call.................................. Page 155 HAMRICK; communication; explanation of vote on HB 989 CCR................. Page 2213 HARP; communication; explanation of vote on HB 297 .................................. Page 1771 HARP; excused pursuant to Rule 5-1.8(d) on HB 1211.................................... Page 3172 HARP; excused pursuant to Rule 5-1.8(d) on HR 1276.................................... Page 3268 HARP; excused pursuant to Rule 5-1.8(d) on SB 449 ...................................... Page 1500 HAWKINS; communication; explanation of vote on HB 990 CCR................. Page 4768 HAWKINS; communication; explanation of vote on SB 351 ............................ Page 312 HAWKINS; communication; removing name from SB 383............................... Page 329 5400 INDEX HEATH; communication; explanation of vote on SB 372.................................. Page 375 HILL, JACK; communication; explanation of vote on HB 1245 ..................... Page 2251 HILL, JUDSON; appointed Ex-Officio to Insurance and Labor....................... Page 2325 HILL, JUDSON; communication; explanation of vote on HB 977 .................. Page 3921 HILL, JUDSON; communication; explanation of vote on SB 366................... Page 1214 HILL, JUDSON; excused pursuant to Rule 5-1.8(d) on SB 433 ...................... Page 1205 HOOKS; communication; explanation of vote on SB 395.................................. Page 547 HOOKS; excused pursuant to Rule 5-1.8(d) on HB 977 .................................. Page 3920 HUDGENS; communication; explanation of vote on HB 977.......................... Page 3921 JACKSON, communication; explanation of vote on HB 1211......................... Page 3174 JACKSON; appointed Ex-Officio to Education and Youth ................................ Page 349 JACKSON; appointed Ex-Officio to VM and HS................................................. Page 44 JACKSON; standing committee assignments ....................................................... Page 41 JACKSON; oath of office ...................................................................................... Page 39 JOHNSON; addressed the Senate.......................................................................... Page 50 MEYER VON BREMEN; communication; explanation of missed roll call ...... Page 340 MEYER VON BREMEN; communication; removing name from SR 822 ........ Page 284 MEYER VON BREMEN; excused pursuant to Rule 1-4.1(d) on SR 822 ......... Page 478 MEYER VON BREMEN; excused pursuant to Rule 5-1.8(d) on HB 1132..... Page 3037 MOODY; communication; explanation of vote on HB 921.............................. Page 1861 MURPHY; appointed Ex-Officio Chairman of PS and HS .................................. Page 41 MURPHY; appointed Ex-Officio to VM and HS ................................................. Page 44 MURPHY; communication; explanation of vote on HB 967............................ Page 1208 MURPHY; communication; explanation of vote on Local Consent Calendar ............................................................................................................. Page 1550 MURPHY; communication; explanation of vote on SB 181 .............................. Page 435 MURPHY; communication; explanation of vote on SB 399 .............................. Page 377 ORROCK; communication; explanation of vote on HR 1022 ............................ Page 207 ORROCK; communication; explanation of vote on Local Consent Calendar ............................................................................................................. Page 1194 ORROCK; communication; explanation of vote on SR 722............................... Page 540 ORROCK; communication; explanation of vote on SR 754............................... Page 146 PEARSON; appointed Vice-Chairman of Transportation..................................... Page 42 PEARSON; communication; explanation of vote on SB 359 ............................. Page 367 POWELL; communication; explanation of vote on SB 80 ............................... Page 2324 RAMSEY; communication; explanation of vote on HB 1088 .......................... Page 1774 RAMSEY; communication; explanation of vote on HB 1105 .......................... Page 3054 RAMSEY; communication; explanation of vote on Local Consent Calendar ............................................................................................................. Page 2360 RAMSEY; communication; explanation of vote on SB 515............................. Page 1382 REED; communication; explanation of vote on SB 523................................... Page 1599 ROGERS; appointed Ex-Officio to Music Hall of Fame Overview Committee.............................................................................................................. Page 42 INDEX 5401 ROGERS; communication; explanation of vote on HB 1129........................... Page 3386 SCHAEFER; appointed Ex-Officio to Science and Technology .......................... Page 42 SCHAEFER; communication; explanation of vote on HR 468 ........................ Page 3581 SCHAEFER; communication; explanation of vote on SB 418......................... Page 3562 SEAY; communication; explanation of vote on SR 701..................................... Page 123 SHAFER, communication; explanation of vote on HB 990 ............................. Page 3025 SHAFER, communication; explanation of vote on HB 1211 ........................... Page 3173 SHAFER, communication; explanation of vote on SB 373 ................................ Page 446 SHAFER; appointed Ex-Officio to Government Oversight for SB 353 and SR 722........................................................................................................... Page 125 STATON; excused pursuant to Rule 5-1.8(d) on HB 1246 .............................. Page 3400 STATON; excused pursuant to Rule 5-1.8(d) on HB 1246 CCR ..................... Page 4840 TATE; communication; explanation of vote on HR 1022 .................................. Page 205 THOMAS, D.; appointed Ex-Officio to Government Oversight........................... Page 43 THOMPSON, C.; communication; explanation of vote on HB 989 CCR........ Page 2214 THOMPSON, C.; communication; explanation of vote on HB 990 CCR........ Page 4769 THOMPSON, C.; communication; explanation of vote on SB 350.................. Page 3059 THOMPSON, S.; communication; explanation of absence .................................. Page 80 TOLLESON; excused pursuant to Rule 5-1.8(d) on HB 1133.......................... Page 3353 TOLLESON; excused pursuant to Rule 5-1.8(d) on HB 1211.......................... Page 3172 TOLLESON; excused pursuant to Rule 5-1.8(d) on HR 1276.......................... Page 3268 UNTERMAN; excused pursuant to Rule 5-1.8(d) on HB 1234........................ Page 4852 WEBER; appointed Ex-Officio to Finance for HB 831 .................................... Page 1727 WEBER; communication; explanation of vote on HB 881............................... Page 3634 WHITEHEAD; vacation of office ........................................................................... Page 1 WILES; communication; explanation of vote on HB 393 and HB 1061 .......... Page 3115 WILES; communication; explanation of vote on Local Consent Calendar ...... Page 1814 WILLIAMS; appointed Ex-Officio to Education and Youth .............................. Page 349 WILLIAMS; appointed Ex-Officio to State Institutions and Property.................. Page 41 WILLIAMS; communication; explanation of vote on HB 881......................... Page 3634 WILLIAMS; communication; explanation of vote on HB 1016....................... Page 3028 WILLIAMS; communication; explanation of vote on HB 1129....................... Page 3386 WILLIAMS; communication; explanation of vote on HB 1378....................... Page 3699 SENTENCE AND PUNISHMENT Crime and Sentencing; persons convicted of murder; imposition of life without parole ......................................................................................................... SB 145 Criminal Procedure; allow victim's family to provide statement during the sentencing procedures for person who committed the crime ................................. SB 432 Criminal Procedure; sentencing of defendants guilty of crimes involving bias/prejudice circumstances and parole; repeal certain provisions....................... SB 211 Criminal Procedures; allow a change of sentence under certain circumstances............................................................................................................ SB 37 5402 INDEX Death Penalty Cases; Supreme Court; pretrial proceedings; extend review period ....................................................................................................................HB 1293 Death Penalty; jury findings; aggravating circumstance; change provisions................................................................................................................HB 185 Death Penalty; provide moratorium on the administration of a death sentence................................................................................................................... SB 255 Evidence; tampering; remove requirement that such offense involve another person......................................................................................................... SB 238 O.C.G.A.; correct errors/omissions ........................................................................ SB 455 Rules of the Road; commit the offense of felony hit and run; provide for offense of homicide by vehicle, vessel; change certain penalties .......................... SB 529 SEXUAL ASSAULT PROTOCOL Sexual Assault Protocol; afford greater protection to victims; change provisions..............................................................................................................HB 1297 SEXUAL OFFENSES Human Resources, Department of; owners of personal care homes; national criminal history background data; definitions ........................................... SB 51 Joint Commercial Sexual Exploitation of Minors Study Commission; create....................................................................................................................... SR 445 Offenses; incest; provide for gender neutrality ........................................................ SB 54 Offenses; seizure of motor vehicles by person to facilitate sexual offenses .......... SB 219 Sexual Offenders; residency and employment restrictions; repeal certain provisions................................................................................................................HB 908 Sexual Offenses; carnal knowledge with disabled person incapable of granting consent; unlawful; provide penalties.......................................................... SB 20 SHERIFF RETIREMENT FUND Sheriffs' Retirement Fund; death benefits; increase amount ..................................HB 358 SHERIFFS Sheriffs' Duties; security plans; change frequency...................................................HB 51 SKY VALLEY Sky Valley, City of; reincorporate; provide new charter .....................................HB 1162 SNELLVILLE, CITY OF Snellville, City of; Redevelopment Powers Law; authorize ..................................HB 552 Snellville, City of; Redevelopment Powers Law; authorize ................................HB 1261 SOCIAL SERVICES Adult Day Centers; licensure; respite care services programs; provisions ..........HB 1044 INDEX 5403 Aging Department; transfer functions, duties, employees from Division of Aging Services of the Department of Human Resources................................... SB 378 Alzheimer's Awareness Day; designate; establish the State Alzheimer's Disease Commission; membership; duties; annual report...................................... SB 546 Assignments, Committee on; powers, duties; change provisions; transfer of power .................................................................................................................... SB 76 Children with Disabilities; basic therapy services; establish requirements ...........HB 549 Children's Transition Care Centers; definitions; revise and add new ....................HB 984 Council on Aging; assign additional duties; produce a report; appointment of advisory committees...................................................................... SB 341 Deprived Juveniles; consideration of in-state/out-of-state placements for children; permanency plan hearings; procedural safeguards.................................. SB 293 Family and Children Services; county directors; appointment; change certain provisions....................................................................................................HB 715 Georgia Health Marketplace Act; provide access to health care products for Georgia consumers; provide for definitions; membership; powers.................. SB 404 Human Resources, Department. of; owners of personal care homes; national criminal history background data; definitions ........................................... SB 51 Insurance; prohibit prior authorization for a prescription drug which manufacturer provides to community pharmacy; definitions................................. SB 338 Insuring Georgia's Families Act; health insurance provision; comprehensive revision ............................................................................................ SB 28 Insuring/Indemnification; Commissioner of Admin. Services; amend certain provisions; establish incentive programs.................................................... SB 425 Juvenile Justice; Department of; provide for Office of Runaway Children Assistance; duties/structure .................................................................................... SB 270 Katie Beckett Waiver Program; eligibility; certain children; require certain procedures...................................................................................................HB 279 Labor, Department of; program of mandatory drug testing of applicants for unemployment benefits; review; define certain terms ...................................... SB 268 Medical; agency interpretations of rules/regulations/policies shall prevail; investigation of improper payment of claims by health care providers ................. SB 401 PeachCare; threshold income amount for eligibility; revise ..................................HB 340 Pharmacists/Pharmacies; submit certain performance and cost data to Department of Community Health ......................................................................... SB 150 Public Assistance; basic therapy services for children with disabilities; establish requirements; definitions ......................................................................... SB 507 Revised PeachCare for Kids Act; change the short title ........................................ SB 285 SOIL AND WATER CONSERVATION Water Conservation and Drought Relief Act; issuance of permits; certifications; construction of new public water supply reservoirs ........................ SB 342 5404 INDEX SOIL EROSION AND SEDIMENTATION Soil Erosion/Sedimentation; Department of Transportation/its contractors; exempt from civil penalties levied for violations ............................... SB 420 Water Conservation and Drought Relief Act; issuance of permits; certifications; construction of new public water supply reservoirs ........................ SB 342 SOLAR ENERGY Income Tax Credit; solar energy technology manufacturing facilities; provide ..................................................................................................................HB 1249 SPECIAL OLYMPIC ATHLETES; recognized .............................................. Page 1238 SPALDING COUNTY Griffin-Spalding County; school district ad valorem tax; certain residents; provide homestead exemption ..............................................................................HB 1475 Spalding County; Redevelopment Powers Law; authorize ..................................HB 1474 SPORTS Public High Schools; interscholastic athletics program; require at least one defibrillator ....................................................................................................HB 1031 Special License Plates; soccer; provide..................................................................HB 963 STATE COURTS OF COUNTIES Habeas Corpus; person under sentence of state court of record; petitions challenging first time state court proceedings; change certain provisions .............HB 578 Superior/State Court Judges; performing ordered military duty; eligible for reelection; qualify by mail, messenger or agent on duty .................................... SB 11 STATE DEBT, INVESTMENT, AND DEPOSITORIES Georgia State Indemnification Commission; composition; define certain terms ....................................................................................................................... SB 254 Insuring/Indemnification; Commissioner of Admin. Services; amend certain provisions; establish incentive programs.................................................... SB 425 STATE EMPLOYEES Appellate Court Judges; optional benefits; notice of election; eligibility .............. SB 112 Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date.......................................... SB 344 Employees' Retirement System; assistant district attorneys; provisions................HB 839 Employee's Retirement System; certain members; 34 years of services; provisions................................................................................................................ SB 333 Employees' Retirement System; certain state patrol members; contributions; provisions ........................................................................................HB 639 INDEX 5405 Employees' Retirement System; court administrators; creditable service; provisions................................................................................................................HB 873 Employees' Retirement System; creditable service; Georgia Judicial Retirement System; provide ...................................................................................HB 521 Employees' Retirement System; established benefit formula; provide continuation ............................................................................................................HB 875 Employees' Retirement System; narcotics agents; purchase prior service.............HB 209 Employees'/Teachers' Retirement; membership/participation in any public retirement system may be transferred or terminated; procedures ............... SB 240 Georgia State Employee Savings Plan; deferred compensation plan; employer contribution; provide rules/regulations .................................................. SB 327 Georgia State Employee Savings Plan; deferred compensation plan; employer contribution; provide rules/regulations .................................................. SB 328 Health Care Plans; continued access to care; enrollees; definitions......................... SB 73 Insurance; prohibit prior authorization for a prescription drug which manufacturer provides to community pharmacy; definitions................................. SB 338 Natural Resource Law Enforcement Officer; establish office; provide for the appointment; coverage for general liability/fidelity bonds; provisions............ SB 377 Public Safety, Department of; State Patrol; retirement benefits; amend................HB 373 Retirement System; Department of Public Safety; may elect to pay additional employee contribution; certain members .............................................. SB 127 Retirement; appellate court judges; provide for benefits ....................................... SB 326 Retirement; authorize the reduction of portion of member's compensation; benefit for future state employees .................................................. SB 329 Retirement; county revenue employees; no person who becomes tax commissioner or any such officer shall be eligible for membership...................... SB 163 Retirement; Department of Adult and Technical Education to Technical College System of Georgia; change all references................................................. SB 434 Retirement; disability benefits; physical exam done at convenient place of beneficiary; delete provisions............................................................................. SB 161 Retirement; establish employee contribution for group term life insurance .......... SB 491 State Employees' Health Insurance Plan; consumer choice options; revise a provision ............................................................................................................HB 1328 STATE FLAG, SEAL, AND OTHER SYMBOLS State Agencies; designate English as official language; prohibit requiring employees to speak/learn any other languages for employment ............................ SB 335 STATE GOVERNMENT Administrative Procedure; effectiveness of a challenged agency rule; General Assembly take action on such rule at next legislative session.................. SB 445 Administrative Services Department; remove/transfer functions; Council of Superior Court Judges of Georgia, Prosecuting Attorneys' Council.................. SB 396 5406 INDEX Alcoholic Beverages; regional economic assistance projects; provide state licensing........................................................................................................HB 1280 Audits and Accounts, Department of; annual reports on state agencies; require .......................................................................................................................HB 91 Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date.......................................... SB 344 Budget Act; periodic application of zero-base budgeting; analysis of departmental/program objectives ............................................................................. SB 12 Certificate of Need Program; provide for extensive revision; definitions; declaration of policy for state health planning; Health Strategies Council ............ SB 433 Court Reports; remove requirement of publishing a volume of rules from the definition of reports .......................................................................................... SB 232 Economic Development, Department of; agricultural tourist attractions; provisions..............................................................................................................HB 1088 Education Lottery; conditions; provisions..............................................................HB 229 Educational Facilities Surveys; change certain provisions .................................... SB 118 Emergency Management; state-wide first responder building mapping information system; definitions; rule/regulations..................................................... SB 33 Evidence; inspections; provisions ........................................................................HB 1020 Firearms Dealers; transfer authority for regulation to state revenue commissioner.......................................................................................................... SB 252 Georgia Aviation Authority Act; create ................................................................. SB 290 Georgia Building Authority; general provisions; operational powers ................... SB 130 Georgia Council for the Arts; Georgia Arts Alliance; create .................................HB 291 Georgia Fire Safety Standard and Firefighter Protection Act; definitions; provide for standards for testing cigarettes; written certification........................... SB 418 Georgia Health Marketplace Act; provide access to health care products for Georgia consumers; provide for definitions; membership; powers.................. SB 404 Georgia Lottery Corporation Board of Directors; provide certain duties ..............HB 919 Georgia Lottery Corporation Board of Directors; provide for certain duties........................................................................................................... SB 337 Georgia State Indemnification Commission; composition; define certain terms ....................................................................................................................... SB 254 Georgia Technology Authority; change certain powers; authorize to develop certain plans and reports ........................................................................... SB 525 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 Golf Hall of Fame Authority; provide for rights of first refusal to repurchase certain property acquired for purposes of Georgia Golf Hall of Fame ....................................................................................................................... SB 431 Government; legislative override; change certain exemptions .............................. SB 352 Government; State Law Library; repeal chapter 11 ............................................... SB 482 INDEX 5407 Human Resources, Dept. of; submission of data relating to individual's employer; state funded/administered health care program .................................... SB 304 Insurance; provide regulator financial examinations of domestic insurers every five years....................................................................................................... SB 471 Insuring/Indemnification; Commissioner of Admin. Services; amend certain provisions; establish incentive programs.................................................... SB 425 Joint State-wide Water Planning Oversight Committee; members; powers; duties; provide........................................................................................... SB 351 Juvenile Proceedings; redefine a term; provide public school disciplinary actions against students; terroristic threats against public school .......................... SB 521 Land Conservation Projects; certain provisions; redesignate and extensively revise..................................................................................................HB 1176 Lottery for Education Act; define certain terms; provisions ..................................HB 515 Lottery for Education Act; define certain terms; under certain conditions lottery winnings may be assigned; court order....................................................... SB 526 Made in Georgia; create program; promoting goods/product manufactured and grown in Ga.; provide for rules/regulations.............................. SB 343 Made in Georgia; create program; promoting goods/product manufactured in Ga.; provide for rules/regulations................................................ SB 359 Medical; agency interpretations of rules/regulations/policies shall prevail; investigation of improper payment of claims by health care providers ................. SB 401 Offenses; sexual exploitation of children; provide for controlled access to such evidence in public inspections of evidence .................................................... SB 481 Open Meetings/Records; any governmental body; performing public purpose shall be open to the public ........................................................................ SR 970 Physicians; Composite State Board of Medical Examiners; enter into a contract with a nonprofit corporation; impaired physician program...................... SB 313 Property and Casualty Actuarial Opinion Law; provide for submission of annual statement ..................................................................................................... SB 470 Public Property; roofing of state owned buildings/facilities; provide standards ................................................................................................................. SB 250 Public Records; confidential information not disclosed; provide ............................HB 39 Public Retirement Systems; define terms; alternative investments; provide code of ethics............................................................................................... SB 80 Secretary of State; authorize/procure a website service provider; public notice website; definitions; provide for certain requirements ................................ SB 391 State Agencies; designate English as official language; prohibit requiring employees to speak/learn any other languages for employment ............................ SB 335 State Contracts; Administrative Services; certain contract specifications; interest payments where payments are owed and past due .................................... SB 419 State Government; change regional development centers to regional commissions; provisions.......................................................................................HB 1216 5408 INDEX State Government; clarify meaning of criminal action; replace Department of Administrative Services with Office of Treasury/Fiscal Services................................................................................................................... SB 175 State Government; qualifications; call centers; provide definitions....................... SB 214 State of Georgia Property; certain counties; nonexclusive easements; authorize ..............................................................................................................HR 1425 State Properties Commission; administrative space; modify certain exceptions ............................................................................................................... SB 121 State Properties Commission; authorizing and empowering; convey certain state owned real property located in Augusta, GA ....................................... SR 25 State Properties Commission; enter into dispute agreements; real property in Butts, Lamar, and Monroe Counties; authorize ..............................................HR 1310 State Properties; requirement that acquisitions of real property must be conducted through commission; remove certain exceptions.................................. SB 120 State Purchasing; funds appropriated to state's budget units; dedicated to projects/contracts involving small businesses ........................................................ SB 484 State Purchasing; prohibit use of state funds by purchase orders or other such payment vehicles for personal benefit or gain; penalties ............................... SB 548 State Purchasing; use of state funds for personal benefit; prohibit ......................HB 1113 Transparency in Government Act; Department of Audits/Accounts; creation/maintenance of certain state expenditure information.............................. SB 300 University System; certain provisions; eliminate repeal ......................................HB 1183 War of 1812 Bicentennial Commission Act; enact ................................................HB 953 STATE LAW LIBRARY Government; State Law Library; repeal chapter 11 ............................................... SB 482 STATE PRINTING AND DOCUMENTS Court Reports; remove requirement of publishing a volume of rules from the definition of reports .......................................................................................... SB 232 Emergency Management; state-wide first responder building mapping information system; definitions; rule/regulations..................................................... SB 33 Evidence; inspections; provisions ........................................................................HB 1020 Human Resources, Department of; submission of data relating to individual's employer; state funded/administered health care program ................ SB 304 Insurance; provide regulator financial examinations of domestic insurers every five years....................................................................................................... SB 471 Offenses; sexual exploitation of children; provide for controlled access to such evidence in public inspections of evidence .................................................... SB 481 Physicians; Composite State Board of Medical Examiners; enter into a contract with a nonprofit corporation; impaired physician program...................... SB 313 Property and Casualty Actuarial Opinion Law; provide for submission of annual statement ..................................................................................................... SB 470 INDEX 5409 Public Records; confidential information not disclosed; provide ............................HB 39 Public Retirement Systems; define terms; alternative investments; provide code of ethics............................................................................................... SB 80 STEPHENS COUNTY Stephens County; recognize ................................................................................... SR 992 STEWART COUNTY L. M. Moye, Jr. Memorial Bridge; Stewart County; dedicate.................................. SR 63 Stewart County; Board of Education; members; provide compensation .............HB 1457 STOCKBRIDGE Stockbridge, City of; election of mayor and councilmembers; provide.................HB 331 STREET GANG TERRORISM AND PREVENTION Forestry/Fire; enforcement of laws; punishment of certain violations; forestry investigators; provide for qualifications/powers....................................... SB 400 SUGAR HILL, CITY OF Sugar Hill, City of; corporate limits; change..........................................................HB 803 SUMTER COUNTY Americus-Sumter County Parks and Recreation Authority Act; repeal...............HB 1002 Sumter County; probate court judge; nonpartisan elections; provide ....................HB 750 SUPERIOR COURT CLERKS RETIREMENT FUND Superior Court Clerks' Retirement Fund; membership dues in such fund; creditable service; provide a penalty ...................................................................... SB 460 SUPERIOR COURT JUDGES RETIREMENT FUND Administrative Services Dept.; remove/transfer functions; Council of Superior Court Judges of Ga., Prosecuting Attorneys' Council ............................. SB 396 SUPERIOR COURTS Administrative Services Department; remove/transfer functions; Council of Superior Court Judges of Georgia, Prosecuting Attorneys' Council.................. SB 396 Alcovy, Atlanta and Brunswick judicial circuits; provide additional judge ........HB 1163 Bonds; issuance/validation; change certain provisions .......................................... SB 397 Georgia Judicial Retirement System; creditable service; superior court judges and district attorneys; provisions ................................................................HB 545 Liens; revise certain time periods of filing materialmen's/mechanics liens; provide for certain notices regarding waiver of liens or claim upon bond............. SB 374 O.C.G.A.; correct errors/omissions ........................................................................ SB 455 5410 INDEX State Officials; certain justices and judges; increase annual salaries .....................HB 119 Superior Court Fees; recording an instrument; cross-indexing; provide additional filing fees .............................................................................................HB 1018 Superior Courts; specify costs not be considered contingent expenses ................... SB 67 Superior/State Court Judges; performing ordered military duty; eligible for reelection; qualify by mail, messenger or agent on duty .................................... SB 11 Vital Records; delayed Birth Certificates; petitions in probate and superior court; permit .............................................................................................HB 111 SUPREME COURT Death Penalty Cases; Supreme Court; pretrial proceedings; extend review period ....................................................................................................................HB 1293 O.C.G.A.; correct errors/omissions ........................................................................ SB 455 State Officials; certain justices and judges; increase annual salaries .....................HB 119 SUPREME COURT AND COURT OF APPEALS REPORTER Court Reports; remove requirement of publishing a volume of rules from the definition of reports .......................................................................................... SB 232 SYLVESTER, CITY OF Sylvester, City of; provide new charter ................................................................HB 1447 T TAX EXECUTIONS; EXEMPTIONS FROM LEVY AND SALE Levy; intestate insolvent estates; homestead exemptions; maximum amounts; change certain provisions........................................................................ SB 133 TAX LEVIES AND EXECUTIONS Local Government; homeowner tax relief grant notification; provisions ..............HB 354 Taxes; change the period of time within which a tax deed shall ripen by prescription ............................................................................................................. SB 271 TAXATION AND REVENUE (ALSO SEE AD VALOREM TAX) Ad Valorem Tax Reform; freeze valuation of real property except certain adjustments; procedures, conditions, limitations for cert. increases ...................... SR 796 Ad Valorem Tax; property; revise and change certain definitions.......................HB 1081 Ad Valorem Taxation; exemptions which may be authorized locally ................... SR 515 Ad Valorem Taxation; freezing values of existing residential real property; provide conditions/limitations ................................................................ SR 686 Ad Valorem Taxation; local replacement option; provide for procedures, conditions, and limitation ....................................................................................... SR 687 Ad Valorem Taxation; provide annual hearings on property taxes by county/municipal governing authorities/independent school systems ................... SB 291 INDEX 5411 Ad Valorem Taxes; provide homestead exemption; full value for certain senior citizens; educational purposes ..................................................................... SB 538 Ad Valorem Taxes; repeal the levy of state ad valorem taxes except in the case of an emergency.............................................................................................. SR 859 Anti-cigarette Smuggling Act; digital based cigarette stamp processes ................ SB 472 Anti-cigarette Smuggling Act; enact ....................................................................HB 1227 Baldwin County School District; homestead exemption; increase income limitation; increase qualified homestead property.................................................. SB 495 Certificate of Need Program; exempt continuing care retirement communities; certificate of need requirements; certain conditions........................ SB 539 Charter School Capital Finance Act; enact.............................................................HB 831 Commissioner, Revenue; powers/duties; sales/use taxes; collection of certain data................................................................................................................ SB 92 Counties/Municipalities; local boards of education; authorize to use tax funds for redevelopment purposes/programs ......................................................... SR 996 County Governments; transportation improvement sales and use tax ................... SR 845 Courts; limitation on jurisdiction; appropriations by the General Assembly................................................................................................... SR 721 DeKalb County School District Ad Valorem Taxes; provide homestead exemption; educational purposes; specify terms/conditions .................................. SB 516 Education; student scholarship organizations; provisions....................................HB 1133 Excise Tax; accommodations; consolidated government destination services fee; provide .............................................................................................HB 1399 Excise Tax; public accommodation furnishings; change certain provisions................................................................................................................HB 302 Excise Tax; rooms, lodgings, and accommodations; provide comprehensive revision ........................................................................................HB 1168 Forest Land Conservation Use Property; special assessment and taxation; provide ..................................................................................................................HR 1276 Fulton County Ad Valorem Taxes; provide homestead exemption; county purposes .................................................................................................................. SB 513 Georgia Fire Safety Standard and Firefighter Protection Act; definitions; provide for standards for testing cigarettes; written certification........................... SB 418 Georgia Forest Land Protection Act of 2008; enact .............................................HB 1211 Georgia Higher Education Savings Plan; certain provisions; revise and change ...................................................................................................................HB 1014 Georgia One Tax; prohibit subsequent imposition of state ad valorem taxes/state income taxes; comprehensive consumption tax.................................... SR 282 Georgia Tourism Development Act; enact.............................................................HB 451 Georgia Tourism Development Act; enact...........................................................HB 1129 Glynn County School District Ad Valorem Taxes; provide homestead exemption for educational purposes ....................................................................... SB 486 Homestead Exemptions; change date of filing applications................................... SB 159 5412 INDEX Homestead; exemption; certain disabled persons; total value................................ SB 218 Income Tax Credit; businesses; jobs in less developed areas; change provisions..............................................................................................................HB 1273 Income Tax Credit; certain business enterprises; include broadcasting...............HB 1246 Income Tax Credit; certified rehabilitation of historic structures; increase amount ....................................................................................................................HB 851 Income Tax Credit; provide adoption of a qualified foster child; conditions/limitations ...........................................................................................HB 1159 Income Tax Credit; provide certain wood residuals...............................................HB 670 Income Tax Credit; qualified film, video, or digital productions; revise and change ............................................................................................................HB 1100 Income Tax Credit; qualified investment; Seed-Capital Fund; provisions ..........HB 1196 Income Tax Credit; qualified low-income buildings; change certain provisions................................................................................................................HB 405 Income Tax Credit; real property donations; change certain provisions..............HB 1274 Income Tax Credit; solar energy technology manufacturing facilities; provide ..................................................................................................................HB 1249 Income Tax Credit; teleworking; extend time period...........................................HB 1244 Income Tax; change certain definitions................................................................HB 1079 Income Tax; exempt organizations; change provisions .......................................HB 1151 Income Tax; federal obligations; taxable income; revise provisions .....................HB 441 Jasper County; tax commissioner; compensation; change certain provisions................................................................................................................ SB 494 Landowners Protection Act of 2008; limit liability of certain landowners; who permit hunting on their property or allowing for agritourism ........................ SB 449 License Plates; driver's license; issuance; payment/disposition of fees; proof of citizenship ................................................................................................... SB 25 Local Government; homeowner tax relief grant notification; provisions ..............HB 354 Local Sales/Use Taxes; revise manner/method of collecting................................. SB 509 Military Scholarships; provide for children of persons killed/disabled as a result of combat wound; define terms; taxable net income.................................... SB 196 Motor Fuel Taxes; funds appropriated; adequate system of public roads/bridges; transportation purposes ................................................................... SR 341 Motor Fuel Taxes; provide for the authority of General Assembly to approve, reject, modify any proposed expenditure of revenue .............................. SR 786 Motor Fuel, Sale/Use Tax; funds derived shall be allocated; providing/maintaining adequate system of public-use airports/railroads............... SR 863 Motor Vehicles; provide imposition of fee by motor vehicle rental companies; definitions; procedures, conditions and limitations............................. SB 181 Municipal Option Sales Tax Act; enact..................................................................HB 410 Property Tax Assessments; appeals; payment of interest; change certain provisions.................................................................................................................... SB 8 Sales Tax; local charter schools; capital outlay projects; authorize .....................HB 1065 INDEX 5413 Sales/Use Tax Exemption; certain aquariums; change provisions.......................HB 1193 Sales/Use Tax Exemption; certain nonprofit health centers; sale or use of personal property; provide......................................................................................HB 957 Sales/Use Tax Exemption; certain properties; change provisions .........................HB 189 Sales/Use Tax Exemptions; certain durable medical equipment or prosthetic devices; change certain provisions ......................................................HB 1078 Sales/Use Tax; certain sales of food and beverages to qualified food banks; extend exemption ......................................................................................HB 1110 Sales/Use Tax; certain school supplies; certain energy efficient products; provide exemption ..................................................................................................HB 948 Sales/Use Tax; government contractors; overhead materials; extend sunset exemption ..................................................................................................HB 1023 Sales/Use Tax; liquefied petroleum gas; certain purposes; provide exemption .............................................................................................................HB 1178 Sales/Use Tax; natural or artificial gas sales; provide partial exemption ..............HB 272 Sales/Use Tax; nature center or performing arts amphitheater facility; provide exemption ..................................................................................................HB 413 Sales/Use Tax; performing arts centers and amphitheater facilities; nonprofit volunteer health clinics; provide exemption...........................................HB 162 Sales/Use Tax; transportation purposes in regional commission areas; provide ..................................................................................................................HB 1035 Sales/Use Tax; water pollution eliminating machinery exemptions; change certain provisions .......................................................................................HB 237 Sales/Use Taxes; maintenance/operation of public hospitals; authorize imposition of a joint county/municipal sales/use tax ............................................. SB 530 State Health Planning/Development; revise certain definitions; change exemptions.............................................................................................................. SB 296 State Insurance Premium Taxes; certain insurance products; exempt ...................HB 977 Tax Credits for Community Service Contributions................................................ SR 400 Tax Returns; local law; establish a different time .................................................. SB 132 Taxation of Property; person illegally in country; not entitled to any tax exemption ................................................................................................................... SB 2 Taxation; Internal Revenue Code; incorporate certain provisions .........................HB 926 Taxation; limitations on grants of tax powers ............................................................ SR 7 Taxation; limitations on grants of tax powers .......................................................... SR 21 Taxation; payment of taxes where property lies in more than one county; repeal certain provisions ........................................................................................... SB 58 Taxation; provide limitations on state government tax and expenditures; definitions ................................................................................................................. SR 20 Taxation; real estate investment trusts; dividends; clarify state conformity ..........HB 447 Taxes; change the period of time within which a tax deed shall ripen by prescription ............................................................................................................. SB 271 5414 INDEX Taxpayer Dividend Amendment of 2008; income tax relief in the event of budget surplus; definitions; provide for excess revenues....................................... SR 965 Taxpayers' Dividend Act; restrict amendments that increase appropriations made by General Appropriations Act................................................. SR 5 The Property Tax Reform Amendment; enact .....................................................HR 1246 Watercraft; held in inventory for resale; exempt from taxation; provide.............HB 1046 TAYLOR COUNTY Sergeant William Morgan Callahan; Taylor County; dedicate a bridge .............. SR 1029 TEACHERS Joint Study Committee on Teacher Training and Certification; create................HR 1103 TEACHERS RETIREMENT SYSTEM Employees'/Teachers' Retirement; membership/participation in any public retirement system may be transferred or terminated; procedures ............... SB 240 Retirement; Department of Adult and Technical Education to Technical College System of Georgia; change all references................................................. SB 434 Retirement; full-time teacher; full-time employment and benefits; provide..........HB 157 Teachers Retirement System; Regents Retirement Plan; change provisions................................................................................................................HB 815 Teachers Retirement System; survivor's benefits; provisions ................................HB 656 Teachers Retirement; change the benefit formula; provide postretirement benefit adjustment................................................................................................... SB 195 TELEPHONE AND TELEGRAPH SERVICE Local Government Franchising Authority; change certain provisions; telephone/telegraph companies............................................................................... SB 408 Local Government Franchising Authority; comprehensive revision of provision; power of eminent domain by telegraph/telephone; provisions ............. SB 379 Telephone Service; prepaid cell phones; define terms; require identification of the purchaser in retail sales .......................................................... SB 136 TELFAIR COUNTY Telfair County; board of commissioners; provide advisory referendum election..................................................................................................................HB 1388 Telfair County; constitutional officers; provide advisory referendum election..................................................................................................................HB 1387 TERRELL COUNTY Terrell County; Board of Education; increase compensation for board...............HB 1479 THEFT OFFENSES Forestry/Fire; enforcement of laws; punishment of certain violations; forestry investigators; provide for qualifications/powers....................................... SB 400 INDEX 5415 Identity Theft; security freezes; definitions; provisions .........................................HB 130 Offenses; increase penalties for reproducing, transferring, selling, distributing certain recorded material; forfeiture of certain terms ......................... SB 406 Theft; retail property fencing; create offense .......................................................HB 1346 THOMASTON Property Conveyance; City of Thomaston; Upson County.................................... SR 753 TOBACCO AND TOBACCO RELATED PRODUCTS Anti-cigarette Smuggling Act; enact ....................................................................HB 1227 TOBACCO PRODUCT MANUFACTURERS Tobacco Prevention Master Settlement Agreement Oversight Committee; create.......................................................................................................................HB 887 TOOMBS COUNTY Toombs County; board of commissioners; provide vice-chairperson election..................................................................................................................HB 1182 TORTS Business Security and Employee Privacy Act; enact ...............................................HB 89 Emergency Management; licensing of nongovernmental rescue organizations; revise a provision ............................................................................ SB 305 Health Care Liability Claim; limitation in emergency medical care; change certain provisions ....................................................................................... SB 286 Landowners Protection Act of 2008; limit liability of certain landowners; who permit hunting on their property or allowing for agritourism ........................ SB 449 Medical Care Professionals; providing services at free health clinics; receive compensation.............................................................................................. SB 346 Motor Vehicles; change nomenclature from "air bag" to "life bag" and "safety belt" to "life belt"........................................................................................ SB 412 TOURISTS Economic Development, Department of; agricultural tourist attractions; provisions..............................................................................................................HB 1088 Georgia Tourism Development Act; enact.............................................................HB 451 Georgia Tourism Development Act; enact...........................................................HB 1129 TOWNS COUNTY Board of Elections and Registration of Towns County; re-create..........................HB 932 Towns County; ad valorem tax; county purposes; provide homestead exemption ...............................................................................................................HB 934 Towns County; ad valorem tax; school district; provide homestead exemption ...............................................................................................................HB 933 5416 INDEX TRANSPORTATION SERVICES Georgia Aviation Authority Act; create ................................................................. SB 290 TRANSPORTATION, DEPARTMENT OF Contracts; design-build procedure; eliminate the cap for awarding ...................... SB 411 Design-Build Contracts; standard for award; change...........................................HB 1124 Economic Development, Department of; agricultural tourist attractions; provisions..............................................................................................................HB 1088 Georgia Aviation Authority Act; create ................................................................. SB 290 Georgia Coordinating Council for Rural and Human Services Transportation; establish; provide for membership, meetings, expenses............... SB 402 Georgia Transportation Infrastructure Bank Act; enact .......................................HB 1019 Local Government Franchising Authority; change certain provisions; telephone/telegraph companies............................................................................... SB 408 Local Government Franchising Authority; comprehensive revision of provision; power of eminent domain by telegraph/telephone; provisions ............. SB 379 Local School Districts; rail crossings without active warning devices used by school buses; reroute buses to minimize use of such crossings ........................ SB 371 Outdoor Advertising Signs; height limitations; conditions for lowering of existing signs .......................................................................................................... SB 256 Railroad Grade Crossings; active warning devices; define; provisions .................HB 426 Roads; collections, expenditures and exemptions with respect to revenue; change certain provisions ....................................................................................... SB 233 State Road/Tollway Authority; authorize to create a state congestion relief fund; community improvement districts ....................................................... SB 410 Transportation Commissioner; required to develop/publish benchmarks; issue reports on the progress of construction projects............................................ SB 417 Transportation Commissioner; required to file reports on matters of interest to General Assembly................................................................................HB 1123 Transportation, Department of; dispose of surplus property.................................. SB 444 Transportation, Department of; require commissioner to file report on State-wide Strategic Transportation Plan .............................................................HB 1189 Transportation, Department of; utility facilities; provisions ................................HB 1026 Vehicle Weight/Load; allow operator to comply with weight requirements by shifting/equalizing on all wheels ................................................. SB 284 Weight of Vehicles/Loads; concrete haulers; provisions .......................................HB 981 TRANSPORTATION, STATE BOARD OF Anderson, Raybon; elected member.................................................................... Page 405 Evans, Mike; elected member.............................................................................. Page 404 Floyd, Johnny; elected member .......................................................................... Page 402 Lemon, Dana; elected member ............................................................................ Page 406 McClinton, Emory; elected member.................................................................... Page 403 INDEX 5417 TRIALS Criminal Trial Proceedings; require parties to raise specific objections to jury charges prior to jury retiring to deliberate......................................................... SB 97 TROUP COUNTY Public Property; conveyance; 10 counties............................................................ SR 1012 TYRONE Tyrone, Town of; charter; change certain provisions...........................................HB 1448 U UNIFORM RULES OF THE ROAD Alcoholic Beverages; authorize restaurant patrons; off-premise consumption; resealed partially consumed bottle of wine; uniform rule of road ........................................................................................................................... SB 55 Driver's Licenses; abolish Georgia Driver's Education Commission; transfer purposes/duties to State Board of Education; ........................................... SB 315 Drivers' Licenses; requirement; driving while license suspended/revoked; change certain provision ......................................................................................... SB 350 DUI; mandatory sentences; increase ......................................................................HB 336 Fines and Forfeitures; county treasuries; provide for payment of certain moneys arising from traffic fines; motorcycle enforcement program.................... SB 356 Motor Vehicles; provide another basis for first degree vehicular homicide .......... SB 354 Motor Vehicles; speed restrictions; instruments charging violations of speed regulations; specify two-lane or highway..................................................... SB 125 Motor Vehicles; traffic-control signal monitoring devices; require permit .............HB 77 Motorcycles; requiring operators/riders to use protective headgear; exempt certain persons from provisions................................................................. SB 409 Offenses; seizure of motor vehicles by person to facilitate sexual offenses .......... SB 219 Revenue Department; parking permit for disabled persons; affidavit of active duty military physicians ............................................................................... SB 369 Rules of the Road; commit the offense of felony hit and run; provide for offense of homicide by vehicle, vessel; change certain penalties .......................... SB 529 Rules of the Road; motorcycles; provide for certain traffic regulations ................ SB 446 Rules of the Road; serious injury due to right of way violation resulting in a collision; provide for a penalty for a second offense....................................... SB 438 Special License Plate; persons with disability; provide for issuance; business vehicles used by disabled employees....................................................... SB 517 Traffic Accidents; illegal immigrants; seize vehicle; allow law enforcement ............................................................................................................HB 978 Traffic Offenses; fleeing/attempting to elude a pursuing police vehicle; punishment; change provisions ................................................................................ SB 91 5418 INDEX Uniform Rules; leaving a motor vehicle unattended; repeal Code Section 40-6-201.................................................................................................................. SB 307 UNION CITY Union City, City of; ad valorem tax; residents 65 years or older; provide homestead exemption ...........................................................................................HB 1185 UPSON COUNTY Property Conveyance; City of Thomaston; Upson County.................................... SR 753 Upson County; board of commissioners; appointment of county manager/county clerk.............................................................................................. SB 467 USED MOTOR VEHICLE DEALERS AND PARTS Motor Vehicles; provide for definitions relative to motor carriers; registration/licensing of assembled motor vehicles................................................ SB 437 Used Motor Vehicle Dealers' Act; rebuilder; redefine term...................................HB 951 V VETERANS AFFAIRS; DISABLED VETERANS Disabled Veterans/Blind Persons; eligibility certificate; valid for five years; provide..........................................................................................................HB 930 VETOES Veto Letters 2007.................................................................................................. Page 2 Veto Overrides message from House of Representatives.............................. Page 71,73 Veto Overrides referral to committee ............................................................ Page 73,72 VICTIMS OF CRIME; CRIME VICTIMS BILL OF RIGHTS Criminal Procedure; victim/members of immediate family with rights; provide for certain procedures ................................................................................ SB 119 VILLA RICA, CITY OF City of Villa Rica Public Facilities Authority Act; enact.....................................HB 1439 VITAL RECORDS No Heartbeat Act; registration and certificates of birth; change certain provisions; provide for a definition ........................................................................ SB 381 Vital Records; delayed Birth Certificates; petitions in probate and superior court; permit .............................................................................................HB 111 VOCATIONAL, TECHNICAL, AND ADULT EDUCATION Career Academies Act; disbursement of funds by the State Board of Technical and Adult Education; charter schools ...................................................... SB 68 INDEX 5419 Technical/Adult Education, Department of; change name to Technical College System of Georgia..................................................................................... SB 435 VOTER REGISTRATION AND VOTING Electoral Process; right to register and vote; procedures ........................................... SR 4 Special Elections; held on certain dates; provide ...................................................HB 296 W WAGES; MINIMUM WAGE LAW Labor; minimum wage law; substantive/comprehensive reform of provisions.................................................................................................................. SB 13 Minimum Wage Law; substantive and comprehensive reform; provisions...........HB 845 WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS Insuring/Indemnification; Commissioner of Admin. Services; amend certain provisions; establish incentive programs.................................................... SB 425 WALESKA, CITY OF Waleska, City of; mayor and councilmembers; four-year terms; provide ...........HB 1406 WALTON COUNTY Walton County; board of education; members; change compensation method ..................................................................................................................HB 1410 WAR ON TERRORISM LOCAL ASSISTANCE Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter............................................................................................ SB 358 WARE COUNTY Satilla Regional Water and Sewer Authority; member selection; revise .............HB 1477 Ware County; Board of Education; provisions.....................................................HB 1478 Ware County; commissioner districts; change boundaries ..................................HB 1137 Ware County; school district ad valorem tax; provide homestead exemption .............................................................................................................HB 1443 WAREHOUSEMEN Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date.......................................... SB 344 WARREN COUNTY Warren County Board of Education; member elections; revise districts .............HB 1164 5420 INDEX WASHINGTON COUNTY Washington County; sheriff; change compensation...............................................HB 857 WASTE MANAGEMENT Juvenile Proceedings; redefine a term; provide public school disciplinary actions against students; terroristic threats against public school .......................... SB 521 Solid Waste Management; land disposal sites; permits from Dept. of Natural Resources; change certain provisions ....................................................... SB 221 Tire Disposal Restrictions; fees imposed upon retail sale of new replacement tires collected; extend the period ....................................................... SB 399 Waste Management; municipal solid waste disposal facility sites near adjoining counties; repeal certain provisions ......................................................... SB 197 Waste Management; protection for certain governmentally owned public drinking water supply intakes................................................................................. SB 198 WATER RESOURCES Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date.......................................... SB 344 Certain Comprehensive State-wide Water Management Plan; ratify...................HR 1022 Coastal Marshlands Protection Act; applicability; change certain provisions..................................................................................................................HB 68 Environmental Protection Division Director; swimming pools; limit what restriction may be placed under certain circumstances .......................................... SB 368 Georgia Coastal Management Act; automatic repeal; change certain provisions................................................................................................................ SB 367 Government; legislative override; change certain exemptions .............................. SB 352 Joint State-wide Water Planning Oversight Committee; members; powers; duties; provide........................................................................................... SB 351 Natural Resource Law Enforcement Officer; establish office; provide for the appointment; coverage for general liability/fidelity bonds; provisions............ SB 377 River Basin Protection Act; regulate interbasin transfer of water; instream flow policy .................................................................................................... SB 69 Sales/Use Tax; water pollution eliminating machinery exemptions; change certain provisions .......................................................................................HB 237 State-Wide Water Management Plan; to ratify; provide force and effect; provide for construction.......................................................................................... SR 701 Water Conservation and Drought Relief Act; issuance of permits; certifications; construction of new public water supply reservoirs ........................ SB 342 Water Resources; exempt permanent facility car washes from outdoor watering restrictions under certain conditions........................................................ SB 466 Water Resources; local governments; restrictions; outdoor water use; provisions..............................................................................................................HB 1281 Water Resources; water supply; extensively revise certain provisions................HB 1226 INDEX 5421 WATERS, PORTS, AND WATERCRAFT Georgia Ports Authority; employees; power of arrest; peace officers; require .....................................................................................................................HB 218 Georgia Ports/Harbors; boating safety zones; modify certain provisions..............HB 964 Natural Resource Law Enforcement Officer; establish office; provide for the appointment; coverage for general liability/fidelity bonds; provisions............ SB 377 Rules of the Road; commit the offense of felony hit and run; provide for offense of homicide by vehicle, vessel; change certain penalties .......................... SB 529 Vessels; abandoned; provide for revocation of certificates of number which have not been redeemed................................................................................. SB 27 Watercraft Certificate of Title Act; enact .............................................................HB 1000 Watercraft; applicant for certificate of number for vessels purchased outside Georgia; sales/use tax has been paid.......................................................... SB 185 Watercraft; held in inventory for resale; exempt from taxation; provide.............HB 1046 Watercraft; operation; revise provisions; Mandatory Boating Safety Education Act; enact; provide definitions; applicability ....................................... SB 389 WAYCROSS Waycross, City of; ad valorem tax; provide homestead exemption.....................HB 1442 WEBSTER COUNTY Weston, Town of; to repeal an Act incorporating/providing a charter................... SB 556 WESTON Weston, Town of; to repeal an Act incorporating/providing a charter................... SB 556 WHITE COUNTY PFC David G. Bryan Memorial Highway; White/Lumpkin County; dedicate ................................................................................................................. SR 1069 White County; Board of Commissioners; members; provide compensation ........................................................................................................HB 1419 White County; Board of Commissioners; reconstitute.........................................HB 1418 White County; Board of Education; election of members; provide method ........HB 1421 White County; Board of Education; election of members; repeal Act.................HB 1420 White County; school district ad valorem tax; change definition of "income" ...............................................................................................................HB 1422 WILD ANIMALS Deer Farming; revise certain provisions; alternative livestock farming; provide for regulation ............................................................................................. SB 528 Natural Resources, Board of; establish game/fish criminal violations; rules/regulations; change provisions ...................................................................... SB 443 Wild Animals; licenses/permits; revise certain provisions .................................... SB 522 5422 INDEX WILDLIFE Deer Hunting; lawful/unlawful killing of dogs pursuing/killing a deer; revise provisions ..................................................................................................... SB 273 Firearms; valid licenses; authorized to possess/carry in state parks, historic sites; hunting; general provisions .............................................................. SB 339 Natural Resource Law Enforcement Officer; establish office; provide for the appointment; coverage for general liability/fidelity bonds; provisions............ SB 377 WILKES COUNTY Wilkes County Hospital Authority; filling vacancies; change method ................HB 1340 Wilkes County; board of commissioners; purchasing property and services; provide authority....................................................................................HB 1455 WILLACOOCHEE Willacoochee, Town of; corporate limits; deannex property .................................HB 853 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Probate Courts; update/change provisions ............................................................. SB 508 WINE Alcoholic Beverages; authorize restaurant patrons; off-premise consumption; resealed partially consumed bottle of wine; uniform rule of road ........................................................................................................................... SB 55 Alcoholic Beverages; wine direct shipper licenses; provide for issuance................ SB 56 Farm Wineries; licensing; change certain provisions.............................................HB 393 Wine; provide for direct shipping; special order shipping license; amend provisions................................................................................................................ SB 357 Wine; shipped to one customer; limit number of cases........................................HB 1061 WITNESSES Criminal Procedure; victim/members of immediate family with rights; provide for certain procedures ................................................................................ SB 119 Dogs; provide for misdemeanor for removing certain collars; restitution; provide for exemptions ............................................................................................. SB 16 Physicians; Composite State Board of Medical Examiners; enter into a contract with a nonprofit corporation; impaired physician program...................... SB 313 Teachers; local units of admin. adopt disciplinary procedures; revise certain definitions ................................................................................................... SB 297 WOODSTOCK, CITY OF Woodstock, City of; ad valorem tax; provide homestead exemption ..................HB 1272 WORKERS COMPENSATION Farm Laborers; provide a definition....................................................................... SB 239 INDEX 5423 Insurance; definitions; include plan administrators in prompt pay requirements ........................................................................................................... SB 109 Insurance; prohibit prior authorization for a prescription drug which manufacturer provides to community pharmacy; definitions (PF)......................... SB 338 Subsequent Injury Trust Fund; assessment payments; change certain provisions..............................................................................................................HB 1186 Y YOUNG HARRIS Young Harris, City of; ad valorem tax; municipal purposes; provide homestead exemption .............................................................................................HB 936 Z ZONING Georgia Townships Act; creation ............................................................................. SB 89 Townships; power of zoning/regulation of land use development; funding ............................................................................................. SR 130